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Home My WebLink AboutBIL 265 Draft 02 2000-2002 COL~N°I~' O~ ~-IA~A~` STA.'T~ O~ SILL N0.265 (Braft 2) OI:DINA.NCE NO. AN ORDINANCE AMENDING CI~APTER 25 (.ZONING CODE) OF THE IIAWAI`I COUNTY CODE, RELATING TO SCENIC CORRIDOR OVERLAY DISTRICTS BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 25, Article 6, Hawaii County Code, is hereby amended by adding a new division which shall read as follows: "Division. 6. Scenic Corridor ®verl!ay District (SCOD). Section 25-6-6Q. P~erpose end applicability. The Scenic Corridor Overlay District (SCOD) development is intended to provide for the enhancement of the scenic, historic, recreational, cultural and/or natural features within an area adjacent to a transportation corridor. The planning approach would establish a continuity in land uses and designs for rural, cultural, historic, recreational and/or scenic resources located along a transportation corridor and provide a diversity of regulatory and non-regulatory tools and techniques to apply to a variety of circumstances. The Hawaii County Council may, by ordinance, place segments of public roadways into a SCOD. Each District shall extend for a specified distance on either side of the roadway to allow for the adoption of special standards and conditions within the District in order to preserve, maintain, protect, or enhance the intrinsic character of the corridor. The permitted uses defined by the underlying zoning classification will remain in place. However, special standards and conditions related, but not limited to, signage, lighting, design standards, access management, landscaping, parking, height, historic and cultural preservation, view planes, and/or setbacks may be included within the SCOD enabling ordinance and adopted by the County Council. Section 25-6-61. Criteria for establishi~ag a Scenic Corridor ®verlay District. A Scenic Corridor Overlay District may be established as an amendment to this chapter whenever the public necessity and convenience and the general welfare require that a comprehensive planning approach for a transportation corridor be adopted in order to establish continuity in land uses while providing the required infrastructural facilities and systems. In addition, a Scenic Corridor may only be established if the proposed district: (a) Is consistent with the intent and purpose of this chapter and the County General Plan. (b) Will not result in a substantial adverse impact upon the surrounding area, community or region. (c) Will ;nhance ~Iawai`i County's significant natural, visual, recreation, historic and/or cultural qualities. (d) Will protect and enhance the attractiveness of the I-€awai`i County to make it a better place to live, ~x~ork, visit, and play. (e) Will improve I-Iawai`i County's economic vitality by enhancing and protecting our unique natural, visual, historic, cultural, and recreational resources. (f) Is located on a major or minor arterial highway or collector road. (g) Is at least three miles in length. (h) Includes at least one of the following six intrinsic qualities: (1) Scenic (2) Natural (3) I~~istoric (4) Cultural (5) Archaeological (6) Recreational Section 25-6-62. i0'linimum corridor length. The minimum length required for a Scenic Corridor Overlay District is three miles. Section 25-6-63. permitted uses. The Scenic Corridor Overlay District is superimposed upon the existing zoning without changing the applicability of the underlying zoning. The Scenic Corridor Overlay District may encompass one or more underlying zones and serves to provide additional conditions and standards above those required by the underlying zone. Within the Scenic Corridor Overlay District, all uses permitted by the underlying zoning classification shall be permitted in the Overlay District unless otherwise defined by the conditions and standards contained in the Corridor Management Plan (CMP) for the Scenic Corridor Overlay District and in the Overlay District Enabling Ordinance. In a case where the conditions and standards contained in the CMP for the SCOD and in the Overlay District Enabling Ordinance differ from those within the underlying zone, the Overlay District conditions and standards shall apply. Section 25-6-64. Initiation of a Scenic Corridor ®verlay District; requirements. (a) The establishment of a Scenic Corridor Overlay District must be initiated by the County of Hawai`i's Director of Planning or the I~[awai`i County Council by Resolution. The Resolution must demonstrate that the Scenic Corridor meets the requirements of 25-6-61. The Resolution must include: (1) A description and general location of the proposed corridor. (2) The length of the section of road to be included in the overlay district. (3) A description of the corridor's intrinsic quality or qualities. (4) A list of names, addresses and tax map key numbers for those property owners and lessees of record of properties within the proposed Scenic Corridor Overlay District as well as surrounding properties who are within 300 feet of the proposed Scenic Corridor Overlay District. (5) Any other plans or information required by rules adopted by the director in accordance with chapter 91 of the Hawaii Revised Statutes. (b) The Resolution will direct the Planning Director to develop a Corridor Management Plan for the proposed Scenic Corridor Overlay District. (c) Within thirty days of the adoption by the Council of the resolution, the County Planning Department shall serve notice upon all land owners and lessees whose property falls inside the boundary of the proposed overlay district, as well as those within 3 300 feet of the proposed Scenic Corridor Overlay District, that a Scenic Corridor Overlay District has been proposed and a Corridor Management Plan will be prepared. (d) If initiated by the director, the director shall prepare a notice containing the elements in section (a)(1)(2)(3)(5) and serve it on land owners and lessees, etc. (e) Corridor Management Plan (CMP) Within twelve months after the adoption of the resolution or after service of notice, if initiated by the planning director, the Planning Department shall prepare a Corridor Management Plan and enabling ordinance which will be forwarded to the Planning Commission for its recommendation to the Hawaii County Council. A Scenic Corridor Management Plan is a written document that assesses the intrinsic qualities of the corridor and specifies actions, procedures, controls, and administrative as well as community strategies the will be pursued to maintain those qualities. Special conditions and standards developed for an individual Scenic Corridor Overlay District shall be included as part of the enabling ordinance. Elements of the Corridor Management Plan will include: (1) Vision and Goals Statement. (2) A map clearly identifying the location, length, and boundaries of the corridor. (3) An assessment of the Corridor's intrinsic qualities and their context. (4) An assessment of needs and expectations. (5) An assessment of anticipated transportation, economic, environmental and social impacts. (6) Strategy for economic development and marketing the corridor. (7) Strategy for maintaining and enhancing the Corridor's intrinsic qualities. (8) Strategy for community participation. (9) Identif cation of organizations, agencies and individuals to be consulted in the planning process. 4 (10) Identification of regulatory and non-regulatory tools recommended to implement the Corridor Management Plan. The evaluation and selection of tools needed to protect and/or enhance the corridor should be based on the following criteria: (A) Provide the ability to insure that new development is consistent with the conditions and standards established for the scenic corridor, while maintaining the property owner's [right for economic return on investment.] rights to reasonable us~.of the ntopertv. (h) Provide the appropriate degree of development and aesthetic control needed to preserve and enhance quality of the corridor. (C) Provide the flexibility to apply a diversity of suitable regulatory and non-regulatory tools and techniques to a variety of circumstances. (11) Specific time schedules. (12) Standards for building design, signage, and roadway elements. [n the case where the transportation corridor has not been built, the Corridor Management Plan may include special design standards for the corridor development. (13) Methods for interpreting significant resources. (f) The director shall forward the Corridor Management Plan to the commission together with the director's recommendation on the proposed Scenic Corridor Overlay District, and together with a proposed scenic corridor overlay district enabling ordinance which establishes the scenic corridor district and provides standards and conditions for within the district, including permitted land uses, accessory uses, densities, heights, setbacks, signage, view planes, access management, and variances from the requirements of this chapter, if applicable, as contained in the Corridor Management Plan. (g) The commission shall review the enabling ordinance and the Scenic Corridor Management Plan and forward its recommendation to the council through the mayor for the council's consideration and action. (1) In reviewing the Corridor Management Plan, the commission shall hold at least one public hearing in the council district in which the proposed scenic corridor overlay district is located. 5 (2) .x'ithin ten days after receiving notice of the date of the public hearing, the director shall serve notice on affected owners, and lessees of record inside the proposed Scenic Corridor Overlay District, as well as surrounding owners, and lessees of record located within 300 feet outside of the proposed Scenic Corridor Overlay District. (3) Within 120 days after receipt of the Scenic Corridor Management Plan from the director, the commission shall transmit the proposed Scenic Corridor Overlay District ordinance and Scenic Corridor Management Plan together with its recommendation thereon through the mayor to the council. If no recommendation is made within 120 days, the Scenic Corridor Management Plan and enabling ordinance shall be forwarded to the council with a negative recommendation. Section 25-6-65. Conditions and standards imposed on Scenic Corridor Overlay District. (a) The Council may impose conditions on the use of the property within the district provided that the Council finds that the conditions are: (1) Necessary to prevent circumstances which may be adverse to public health, safety and welfare. (2) Reasonably conceived to fulfill needs directly emanating from the land uses proposed with respect to protection of the public from the deleterious effects of the proposed uses, or fulfillment of the need for the public service demands created by the proposed uses. (b) In addition to the conditions in subsection (a), the council shall include conditions and standards as part of the proposed Scenic Corridor Overlay District enabling ordinance needed to implement the intent of the Corridor Management Plan. Section 25-6-66. 12evie~~v and approval of applications. After adoption of a Scenic Corridor Overlay District Enabling ordinance and Corridor Management Plan, all approvals including, but not limited to sign permits, grading and grubbing permits, and subdivision approvals shall conform to the standards and conditions contained in the Scenic Corridor Enabling ordinance." SECTION 2. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other 6 provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are severable. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: -y ~ ~ /1 CO CIL MEMBER, COUNTY OF IIAWAI`I Hilo, Hawaii Date of Introduction: Date of 1 S` Reading: Date of 2"`~ Reading: ~.~~}.~._~t.,~= C<nti~i~i~ 99.6