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HomeMy WebLinkAboutREP PC 129 11/28/2006 2004-2006 REPORT OF THE COMMITTEE ON PLANNING DATE: November 28, 2006 Re: Comm. No. 1156Bi11 No. 231 PLACE: Councilroom (new location) Ben Franklin Building 333 Kilauea Avenue, 2nd Floor Hilo, HI 96720 TIME: 2:00 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Transmitted to the Planning Committee via Communication No. 1156 is a request from Chris Yuen, Director of the Planning Department that Bill No. 231, which originated in the form of Bi11265 m the 2002-2004 Council term, be placed back on the Planning Committee Agenda for further consideration. Your Committee on Planning reports as follows: Bill No. 231, is an ordinance Amending Chapter 25 (Zoning Code) of the Hawaii County Code, Relating to Scenic Corridors, and a new division to Chapter 25, Article 6, Hawaii County Code 1983 (2005 Edition) entitled "Division 6. Scenic Condors." Communication No. 1156 reports that Bill No. 231 would set up a program by which the County of Hawaii could designate scenic corridors. A scenic corridor is an azea where there would be special controls on the roadside environment to preserve natural beauty, cultural landscapes, viewplanes and other public benefits. Communication No. 1156 further notes that if Bill No. 231 is enacted by ordinance, in order to actually create a scenic condor would require a formal study, public notice and hearings, and eventually, another ordinance establishing the scenic corridor. In Communication No. 1156, Planning Director Chris Yuen notes that Bill 231 originated in the 2000- 2002 Council term in the form of Bill No. 265. Your Committee referred Bill No. 265 to the Planning Director and Planning Commission pursuant to provisions in County Code Section 25-2-43 for Council-initiated amendments to the Zoning Code. The Planning Committee, at its February 19, 2003 meeting then amended the Bill to Draft 3 and recommended passage on first reading via Planning Committee Report No. 21. At the Council meeting of Mazch 19, 2003, Bi11265, Dtaft 3, was referred back to the Planning Committee. The bill was not placed on the Planning Committee agenda again until its meeting of March 4, 2004 when Bill No. 265, Draft 3, was replaced with an amended version, the instant Bill No. 231. There was no Committee report submitted to recommend the filing of Bill No. 265, Draft 3, and further action on Bill No. 231 was deferred. A March 4, 2004 memo from Legislative Auditor, Constance R. Kiriu (Comm. No. 509.2) presented the Chair of the Planning Committee an itemized list of nineteen comments relating to Bi11231, Scenic Condors. In a letter dated April 22, 2004, Planning Director Chris Yuen responds to the March 4, 2004 Legislators Auditor's memo. Mr. Yuen explained that the actual creation of a Scenic Corridor would occur in two stages, the first of which the Council or the Planning Director introduces a resolution to study the establishment of a Scenic Corridor. If passed, the study begins and a Corridor Management Plan is prepared. Mr. Yuen stated the resolution itself would not create new regulations or controls on property within the corridor but that the study would result in a Corridor Management Plan that would go PC Rept. No. 129 Communication 1156 Bill 231 Page 2 of 3 to the Planning Commission and then to the Council for review. If the Council enacted the Corridor Management Plan by ordinance, the Corridor Management Plan would then function as an overlay district in the Zoning Code and any regulations in the Corridor Management Plan would supplement or replace those in the Zoning Code for the affected properties. At the Planning Committee meeting on November 28, 2006, no one from the public presented oral testimony on this matter. Planning Director Yuen was asked by Dr. Holschuh to provide a brief background regarding this bill. Director Yuen noted that Mr. Chuck Flaherty requested deferral of this bill until he could be present, stating he is a member of the Hokulia plaintiffs and has a stake in this decision to defer, since one of the requests of the plaintiffs in the Hokulia case was to reintroduce this scenic corridor legislation. Director Yuen stated that Nancy Pisicchio was the original author of the bill, and that there is federal funding for this type of program through scenic highways programs, or the like. Director Yuen stated he would like to defer this matter in order to comply with Mr. Flaherty's request and also to incorporate the amendments which were suggested in the past in communications with the previous Legislative Auditor, Connie Kiriu. Mr. Yuen would like to prepare a Draft 2 which incorporates these changes. Dr. Holschuh wondered how this bill would affect surrounding property owners. Mr. Yuen said impacts could include regulatory measures like increased setbacks, restricted height limitations, increased landscaping, etc. Other non-regulatory measures could be as simple as enhanced landscaping. This bill is merely an enabling legislation and each designated scenic corridor would have unique characteristics and suggested regulations and/or voluntary landowner concessions. Mr. Ikeda expressed support for this bill and suggested that Director Yuen introduce Draft 2 at first reading before the Council. Mr. Yuen said that he could make the necessary amendments by the next meeting in December. He again stated that Mr. Flaherty had requested a deferral until he can review the bill and provide input. Mr. Jacobsen and Ms. Isbell both agreed that the time is ripe to move this bill forward. Ms. Isbell did not wish to set a precedent by deferring this bill until Mr. Flaherty's return. She suggested that this might be an untenable precedent for future Councils to follow. Ms. Isbell also suggested that there are a great many possible scenic corridors on the island, including lava flows of great variety and colors. Mr. Hoffmann wondered whether comments from the Community Development Plan Committees might not be the source of possible corridors. Mr. Hoffmann suggested that Mc Yuen incorporate this avenue for designating corridors into Draft 2. Mr. Jacobsen encouraged Mr. Yuen to ensure that Draft 2 complies with federal regulations for funding such scenic corridors, and he suggested that Mr. Yuen consult with Ms. Pisicchio on Draft 2. Mr. Pilago called for the question and asked Mr. Yuen for his help in drafting Draft 2. PC Rept. No. 129 Communication 1156 Bill 231 Page 3 of 3 Your Committee on Planning is in accord with the intent and purpose of Bill No. 231 and recommends it pass first reading. and avES NOES A&E Ex Respectfully submitted, ARAKAHI X HIGA COMNIITTEE ON PLANNING HOFFMANN X HOISCHUH X II~DA X r ~-~C ISBELL X JACOBSON X K. ANGEL PILA ,CHAIR PILAGO X PC REPORT NO.~129 SAFARHC X ADOPTED: DEt, [ U (~~d PC Rept. No. 129