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HomeMy WebLinkAboutCOM 0099.016 2002-2004 40,p1Y Oi y,~' Harry Kim ,i~ ~ Christopher J. Yuen MOYO( Direanr b~r~ oi~M~'~' Roy R. Takemoto Deputy Director ~nlTntg of ~~cfuttii PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Aptil 22, 2004 (808) 961-8288 • Fax (808) 961-8742 Honorable Leningrad Elarionoff, Chair R: Planning Committee s Hawaii County Council ~ 25 Aupuni Street ~ ~ Hilo, HI 96720 z ~ rv Dear Chair Elarionoff: ~ SUBJECT: BILL 231 -RELATING TO SCENIC CORRIDORS ~ ~ , c~ I am writing in response to your letter of March 12, 2004, concerning Bi11231, which would establish a "Scenic Comdor" 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 comdors. Bi11231 is meant to authorize this program in Hawaii County. Under Bill 231, the actual creation of a scenic comdor 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 comdor. 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 prepaze a Corridor 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: r.,,.F, AP_~, R_ 9___,,..9 i~^~ 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 Mazch 4, 20041etter from the Legislative Auditor. I agree with comments nos. 1, 2, 4, 5, 6, 7, 10, 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 aze 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 comdor, and of the consideration of a CMP, so that they can give input. I apologize for the delay in answering this request. Sincere CHRISTOPHER J. YU Planning Director CJY:pak Wpwin60/Chris/Scenic Comdor.doc cc: Ms. Connie Kiriu, Legislative Auditor Ms. Nancy Pisicchio