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Home My WebLink AboutBIL 265 Draft 03 2000-2002 OFFICE OF THE COUNTY CLERK County of Hawaii xilo , Hawaii (DRAFT 3) ROLL CALL VOTE Introduced By: Bobby Jean Leithead-Todd AYES NOES ABS EX Dale Introduced: December 20, 2006 Ford X First Reading: N/A Higa X Published: N/A Hoffmann X Ikeda X REMARKS: Jacobson X December 20, 2006 - Close file Naeole X Pilago X Yagong X Yoshimoto X 9 0 0 0 Second Reading: ROLL CALL VOTE To Mayor: AYES NOES ABS EX Returned: Ford Effective: Higa Published: Hoffmann Ikeda REMARKS: Jacobson Naeole Pilago Yagong Yoshimoto I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: COUNCIL CHA/KHAN DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII COUNTY CLERK Date 265, Draft 3 BiII No.: C-99.9/PC-129 Approved/Disapprovedthis day Reference: Ord No.: of , 20 MAYOR, COUNTY OF HAWAI `I SILL N0.265 (Draft 3 ) O~INANCE NO. AN ORDINANCE AMENDING CIIAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, RELATING TO SCENIC CORRIDOR OVERLAY DISTRICTS BE IT ORDAINED I3Y TI~IE COUNCIL OF THE COUNTY OF HAWAI`L SECTION 1. Chapter 25, Article 6, Hawaii County Code, is hereby amended by adding a new division SF,~hich shall read as follows: "Division 5. Scenic Corridor ®verlay Distrist (SC'OD). Section 25-6-6~; Purpose a.nd a~pliealsility. 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 nay, by ordinance, place segments of public roadways into a Scenic Corridor Overlay District. 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. These 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 Scenic Corridor Overlay District enabling ordinance and adopted by the County Council. Sccti®r~ 25-6A61, Criteria far establishing a Scenic Corrlslor Overlay 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 meets the following criteria: (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 cnh~nce r-Iawai`i County's significant natural, visual, recreation, historic and/or cultural qualities. (d) Will protect and enhance the attractiveness of the Hawaii County to make it a better place to live, ~~~ork, visit, and/or play. (e) Will improve Hawaii County's economic vitality by enhancing and protecting our unique natural, visual, historic, cultural, and/or 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) I3istoric (4) Cultural (5) Archaeological (6) Recreational Secfi®n 25-6n52~ 1Vliraiaraurrr corral®r length. The minimum length required for a Scenic Corridor Overlay District is three miles. 2 Section 25-6-63. Permitted uses. The Scenic Corridor Overlay District is superimposed upon the existing zoning classifications and may encompass one or more underlying zones. Within the Scenic Corridor Overlay District, all uses, conditions and standards permitted by the underlying zoning classification shall be permitted unless otherwise established b;' the conditions and standards contained in the Corridor Management Plan for the Scenic Corridor Overlay District and in the Overlay District enabling ordinance. In case where the conditions and standards contained in the Corridor Management Plan for the Scenic Corridor Overlay District and in the Overlay District enabling ordinance differ from those within the underlying zone, the Overlay District conditions and standards shall apply. Section 25-6-6~. Initiation of a Scenic Corridor Overlay District; regeairegncnts. (a) The establishment of a Scenic Corridor Overlay District must be initiated by the County of Hawai`i's Director of Planning or the Hawaii County Council by Resolution. The Resolution must dejnonstrate that the Scenic Corridor meets the requirements of 25-661. 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) 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 C)verlay 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. 3 (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 300 feet of the propose? Scenic Corridor Overlay Bistrict, that a Scenic Corridor Overlay District has been proposed and a Corridor Management Plan will be prepared. This notice shall contain the elements in section (a)(1)(2)~3)(5). (d) Corridor Management Plan Within t:velve months after the adoption of the resolution or after service of notice, the Planning Department shall prepare a Corridor Management Plan and proposed enabling ordinance which will be forwarded to the Planning Commission for its recommendation to the IIawai.`i 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 adnxinistrative as well as community strategies will be pursued to maintain these qualities. Special conditions and standards developed for an individual Scenic Corri~?or Overlay District shall be included as part of the proposed 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) .~,n assessment of anticipated transportation, economic, environmental and social impacts. (6) Strategies for economic development and marketing of the corridor. (7) Strategies for maintaining and enhancing the Corridor's intrinsic qualities. (8) Strategies for community participation. (9) Identification 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 rights to reasonable use of the property. (I3) 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 for plan implementation. (12) Standards for building design, signage, and roadway elements. In 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 and protecting significant resources. (f) The director shall for~:rard 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. (2} Vi%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 5 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) i~Tithin 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. Cs~nditions and standards imposed orr Scenic Corridor ®verlay 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) I`I~cessary 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 dele±erious 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. Review and approval of applications. After adoption of a Scenic Con-idor 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." 6 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 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: r' ~ - . ~ , COL CIL 1VIEivIBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2"`~ Reading: 9 9.9 7