HomeMy WebLinkAboutCOM 0099.008 2002-2004 265
PP.OPOSI,D AriENDM~,IdTS TO DP,AFT 2 OF BILL 265: (Draft
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AN ORDINANCE AMENDING CHAPTER 25 (`CONING CODE) OF THE HAWAII
COUNTY CODE, RELATING TO SCENIC CORRIDOR OVERLAY DIS"fRICTS
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 Overlay District (SCOD).
Section 25-6-60. Purpose and 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.] Scenic Corridor Overlay District. Each District shall extend for
a specified distance on tither 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,] 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 [SCOD] Scenic Corridor Overlav
District enabling ordinance and adopted by the County Council. N0. A~•8 ,
File Na ~~'C' ~Z N
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Ref. To: ~
Ref. Date FEB 1 ~ 2u~3
Section 25-6-61. Criteria for establishing a Scenic Corridor 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
comprehcnsivc 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) [s 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 enhance Hawaii 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, work, visit, and/or play.
(e) Will improve Hawaii County's economic vitality by eiilrancing and
protecting our unique natural, visual, historic, cultural, andL recreational resources.
(f) [s located on a major or minor arterial highway or collector road.
(g) [s at least three miles in length.
(h) Includes at least one of the following six intrinsic qualities:
(1) Scenic
(2) Natural
(3) historic
(4) Cultural
(5) Archaeological
(6) Recreational
Section 25-6-62. Minimum 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
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underlying zones and serves to provide additional conditions and standards above those
required by the underlying zone.] classifications and may encompass one or more
underla,~g zones. Within the Scenic Corridor Overlay District, all uses. caiditions and
standards permitted by the underlying zoning classitication shall be permitted [in the
Overlay District] unless otherwise [defined] established 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.] enabling ordinance In a case
where the conditions and standards contained in the [CMP] Corridor Mauagement Plan
for the [SCOD] Scenic Corridor Overlav District and in the Overlay District [Enabling
Ordinance] enabling ordinance differ Crom those within the underlying zone, the Overlay
District conditions and st~u~dards shall apply.
Section 25-6-64. Initiation of a Scenic Corridor Overlay 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 Hawaii 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) l~he 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.
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(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 proposed Scenic Corridor Overlay District, 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 (al(11(2N31t51
[(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 afrer the adoption of the resolution or afrer service
of notice, [if initiated by the planning director,] 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 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 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) An assessment of anticipated transportation, economic,
environmental and social impacts.
(6) [Strategy] Stratceies for economic development and marketing the
corridor.
(7) [Strategy] Strateeies for maintaining and enhancing the Corridor's
intrinsic qualities.
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(8) Strategy] Strateeies for community participation.
(9) Identification of organizations, agencies and individuals to be
consulted in the planning process.
0) Identification of regu]atory 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 owners right for economic return on investment.
(B) 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.
(l l) Specific time schedules[.] for flan 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.
x(13) Methods for interpreting significant resources.]
(Y) 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 Ylan and forward its recommendation to the council through the
mayor for the council's consideration and action.
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(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) Within 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 L20 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 direcCly 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. Review and approval of applications. After adoption of a
Scenic Corridor Overlay District lnabling ordinance and Corridor Management Plan, all
approvals including, but not limited to sign permits, grading and grubbing permits, and
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subdivision approvals shall conform to the standards and conditions contained in the
Scenic Corridor [Enabling enabline 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 noC 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:
COUNCIL MEMBER, COUNTY OF HAWAI`1
Hilo, Hawaii
Date of Introduction:
Date of 1 s` Reading:
Date of 2°~ Reading:
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