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HomeMy WebLinkAboutBIL 231 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 231 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE) OF THE HAWAI`[ COUNTY CODE, RELATING TO SCENIC CORRIDORS. 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 that shall read as follows: "Division 6. Scenic Corridors. Section 25-6-60. Purpose and applicability. In the County of Hawaii segments of public roads expose traveling residents and visitors to notable and/or unique resources. As established by the National Scenic Byways Program, the identification of these portions of public roads as Scenic Corridors is intended to provide for the enhancement of important scenic, historic, recreational, cultural and/or natural resources accessed from such a transportation corridor. This planning approach establishes the opportunity for continuity in land uses and designs for natural, cultural, historic, recreational and/or scenic resources located along a transportation corridor and provides a diversity of regulatory and non-regulatory tools and techniques to apply to a variety of circumstances for a corridor identified by ordinance as a Scenic Corridor in the County of Hawaii. The Hawaii County Council may, by ordinance, establish segments ofpublic roadways and an appropriate portion of the adjacent property as a Scenic Corridor. Within such an area, all permitted uses defined by the underlying zoning classification will remain in place unless otherwise specified by the enabling ordinance. Any standards and conditions not included in the underlying zoning related, but not limited, to signage, lighting, design standards, access management, landscaping, parking, height, historic and cultural preservation, view planes, and/or setbacks must be included as part of the Scenic Corridor Management Plan and adopted by enabling ordinance by the County Council. The Scenic Corridor Management Plan must demonstrate the need for the adoption of special standards and conditions in order to preserve, maintain, protect, or enhance the intrinsic character of the corridor consistent with the purposes of this Chapter. Section 25-6-61. Criteria for establishing a Scenic Corridor. A Scenic Corridor may be adopted 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. 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 enhance Hawaii County's significant natural, visual, recreation, historic and/or cultural qualities. (d) Will protect and enhance the attractiveness of Hawaii County to make it a better place to live, work, visit, and/or play. (e) Will improve Hawaii County's economic vitality by enhancing and protecting our unique natural, scenic, historic. cultural, and/or recreational resources. (f) [s 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) Historic (4) Cultural 2 (5) Archaeological (6) Recreational Section 25-6-62. Minimum corridor length. The minimum length required for a Scenic Corridor is three miles. Section 25-6-63. Permitted uses. Along the section of road that has been designated as a Scenic Corridor all uses, conditions and standards permitted by the land's zoning classification shall be permitted unless otherwise established by the conditions and standards contained in the Corridor Management Plan for the Scenic Corridor and adopted through an enabling ordinance by the County Council. In a case where the conditions and standards contained in the Corridor Management Plan for the Scenic Corridor and included in the enabling ordinance differ from those in the underlying zoning, the conditions and standards adopted for the Scenic Corridor shall apply. Section 25-6-64. Initiation of a Scenic Corridor; requirements. (a) The County of Hawai'i's Director of Planning or the Hawaii County Council by Resolution must initiate the establishment of a Scenic Corridor. The Resolution must demonstrate that the proposed 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 Scenic Corridor. (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 300 feet adjacent to the public road being proposed to be designated as a Scenic Corridor. (5) Any other plans or information required by rules adopted by the director in accordance with chapter 91 of the Hawaii Revised Statutes. 3 (b) Within thirty days of the adoption by the Council of the resolution, the County Planning Department shall serve notice of the proposed Scenic Corridor upon all land owners, utility companies with easements and/or other property rights, and lessees whose property falls within 300 feet each side of the transportation corridor being proposed to be designated as a Scenic Corridor (c) Corridor Management Plan. Within twelve months after the adoption of the Resolution, the Planning Department shall complete 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 that will be pursued to maintain those qualities. Special conditions and standards developed for an individual Scenic Corridor 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 of the transportation corridor and proposed boundaries of the Scenic 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) Strategies for economic development and marketing of the Scenic 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. (10) Identification of regulatory and non-regulatory tools recommended that could aid in the implementation of the Scenic Corridor Management Plan. The evaluation and 4 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. (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. (1 1) 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. (d) The director shall forward the Scenic Corridor Management Plan and a proposed Scenic Corridor enabling ordinance to the planning commission together with the director's recommendation on the proposed Scenic Corridor. The purpose of the enabling ordinance is to establish the Scenic Corridor as well as any conditions and/or standards recommended by the Corridor Management Plan that may differ from those within the underlying zoning. Any conditions and/or standards that differ from the underlying zoning must be defined through the use of a table that illustrates how standards and/or conditions in the enabling ordinance differ from those within the underlying zoning. (e) 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 is located. 5 (2) Within ten days after receiving notice of the date of the public hearing, the director shall serve notice on affected owners, utility companies, and lessees of record inside the proposed Scenic Corridor, as well as surrounding owners, and lessees of record located within 300 feet adjacent to the transportation corridor being proposed as a Scenic Corridor. (3) Within 120 days after receipt of the Scenic Corridor Management Plan from the director, the commission shall transmit the proposed Scenic Corridor ordinance and Scenic Comdor 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 a Scenic Corridor. (a) The Council may impose conditions on the use of the property directly adjacent to the transportation corridor provided that the Council finds that the conditions are: (1) Necessary to prevent circumstances which may be adverse to public health, safety and welfare, and (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 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 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. INTRO CED B f V . C C F AI`I Hawaii Date of Introduction: Date of I Reading: Date of 2"d Reading: 7