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HomeMy WebLinkAboutCOM 0509.007 2002-2004 ~".p,o.'w~, Harry Kim ~ Christopher J. Yuen Mayor Direcmr A -j~~ Of Mid Roy R. Takemoto Deputy Direetnr ~O1T1Tf1,~ D'E ~Q~lT2ITT PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 April 22, 2004 (808) 961-8288 Fax (808) 961-8742 Honorable Leningrad Elarionoff, Chair Planning Committee Hawaii County Council ~7 25 Aupuni Street O n Hilo, HI 96720 rv rn Dear Chair Elarionoff: ~ SUBJECT: BILL 231 -RELATING TO SCENIC CORRIDORS cb I am writing in response to your letter of March 12, 2004, concerning Bill 231, which would establish a "Scenic Corridor" program in the County of Hawaii. Because roadside views are a big part of the beauty of the island, I support a program that would establish standards for some roadside areas, and hopefully allow the county to tap into some of the federal funding for such scenic corridors. Bi11231 is meant to authorize this program in Hawaii County. Under Bill 231, the actual creation of a scenic corridor would occur in two stages. In the first stage, the Council or the Planning Director would introduce a resolution to study the establishment of a scenic corridor. Notice would be given to the affected and neighboring property owners. If the Council passed the resolution, the Planning Department would begin a study and prepare a Comdor Management Plan. The resolution itself would not create any new regulations or controls on property within the corridor. At this point, the corridor is only a "proposed" Scenic Corridor. The study would result in a Corridor Management Plan. This would go to the Planning Commission and then to the Council for review. If the Council enacted the Corridor Management Plan by ordinance, the CMP would then function as an overlay district in the Zoning Code: any regulations in the CMP would supplement or replace those in the Zoning Code for the affected properties. For example, the CMP could have height limits or setbacks that varied from the Zoning Code. But the CMP would take effect only if the Council enacted it by ordinance. Comm. No~__~'`---- P.ef. To: tt=rI. "ate APR 4 9 Honorable Leningrad Elarionoff, Chair Planning Committee Hawaii County Council Page 2 Apri122, 2004 Public notice under Bi11231 should be clarified. At the initial stage, when the corridor is being considered by resolution, it maybe enough to notify all owners of property within 300 feet of the boundaries of the road in question. But notice should be broader when the CMP is being considered. At that time, we will know the boundaries of the proposed CMP, and notice should be given to all owners of property within the CMP boundaries and all those with property within 300' of the proposed CMP boundaries. I was also asked to comment on the March 4, 2004 letter from the Legislative Auditor. I agree with comments nos. 1, 2, 4, 5, 6, 7, ] 0, 11, 12, 13, 14, and 16. Re no. 3: the detailed study should be done after the initiation of the process by resolution, to lead up to the CMP. Re no. 8, sec. 25-5-63 should be reworded to read: "Within the scenic corridor all Zoning Code regulations applicable to the zoning district or districts in question remain in effect unless differing regulations are contained in the Corridor Management Plan as adopted by ordinance, in which the Corridor Management Plan shall apply." Re no. 9, on funding: the Planning Department supports the concept that an appropriation should accompany the resolution, because it would probably be difficult to prepare the CMP entirely in-house, but it might unduly limit the Council to require this in the ordinance. Re no. 15: the term "enabling ordinance" is being used in two senses. In one sense, Bill 231 is an "enabling ordinance", because it authorizes this program and sets up the process. But Bill 231 also refers to an ordinance that adopts a specific CMP as an "enabling ordinance." Re no. 18, which refers to potential issues with utilities: the utility companies should get notice of the initiation of a scenic corridor, and of the consideration of a CMP, so that they can give input. I apologize for the delay in answering this request. Sincere i CHRISTOPHER J. YU Planning Director CJY:pak Wpwin60/Chris/Scenic Cortidor.doc cc: Ms. Connie Kiriu, Legislative Auditor Ms. Nancy Pisicchio