HomeMy WebLinkAboutCOM 0024.004 2006-2008 y,~++ a N
P •u..
Harry Kim Christopher J• Yuen
Mayor Director
i:•p
BradKurokawa,ASLA
CliU~ [TI~i~ ~ PI9 ,'J~ep
ryo®AP
C~Iaixxc#g of ~rxfnrzii
r
PLANNING DEPARTMENT „ ~ , „ -
101 Pauahi Street, Suite 3 Hilo, Hawaii 967203043' ~~~y' - ~ ' ` -
(808) 961-8288 FAX (808) 961-8742
March 8, 2007
Honorable Pete Hoffmann, Chair
Hawaii County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chair Hoffrnann:
SUBJECT: BILL 231- SCENIC CORRIDORS
Attached for the Council's favorable consideration at its March 9, 2007 meeting is
proposed Bill No. 231, Draft 2 relating to a Scenic Corridor Program. I have also
attached a Ramseyered version of said bill showing the amendments to Draft 1, which
passed first reading by the Council at its December 20, 2006 meeting, so that the Council
can review the changes made between Draft 1 and this proposed Draft 2.
I have made fairly minor changes except for the following as reflected in the Ramseyered
version:
1. Section 25-6-61(g) Criteria for establishing a Scenic Corridor and Section
25-6-62. Minimum corridor length.: Delete the three miles in length
limitation.
2. Section 25-6-[63]62. Permitted Uses.: Simplify the language relating to
applicability of the Zoning Code regulations.
3. Section 25-6-[64]63(b) Initiation of a Scenic Corridor; requirements, and
Section 25-6-[64]63(e)(2): Clazify the language that notice be served to
property owners and lessees of lots and utility companies whose properties
aze either within the proposed Scenic Corridor or within three hundred feet
of the boundaries of the proposed Scenic Corridor. '
Comm. No. ~ T
t3~ a~vt J f~v. a ~ Ref. To:Pfossat~f
Ref. Data
Hawaii County is an Equal Opportunity Provider and Employer.
Honorable Pete Hoffmann, Chair
Hawaii County Council
Page 2
March 8, 2007
4. Section 25-6-[64]63(c)(2) Corridor Management Plan.: Clarify details of
the map to be included in the plan.
5. Section 25-6-[64]63(c)(14) and (15). Corridor Management Plan.: Include
provisions to identify potential funding sources, and termination of the
plan if it is not implemented.
6. Section 25-6-64. Corridor Advocacy Groups.: Add section to involve an
advocacy group in the Corridor Management Plan process.
Should you have any questions, please feel free to contact me at 961-8288.
Sincere ~
i ~
CHRISTOPHER UEN
Planning Director
p:\wpwin60\alicewin\LCouncilBil1231 Draft2 Scenic Corridor 3-8-07
rtv,or
COUNTY OF HAWAII STATE OF HAWAII
BII.I. NO. 231
(Ramseyer Version)
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE) OF THE HAWAII
COUNTY CODE, RELATING TO A SCENIC jE91?~eR~] CORRIDOR PROGRAM.
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 [6er~ider~] Corridor Program.
Section 25-6-60. Purpose and applicability. In the County of Hawaii, there are certain
segments of public roads or portions thereof, that expose traveling residents and visitors to
notable and/or unique resources. As established by the National and/or State 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 and/or enhancement of 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 [Ce{u~il] council may, by ordinance, establish [segments] all or
op rtions of public roadways and an appropriate portion of the adjacent property as a Scenic
Comdor. Within such an area, all permitted uses defined by the underlying zoning classification
will remain in place unless otherwise specified by the Scenic Corridor enabling ordinance. Any
standards and conditions not included in the underlying zoning related, but not limited, to
signage, lighting, design standards, access management, landscaping, pazking, height, historic
and cultural preservation, view planes, and/or setbacks must be included as part of the Scenic
Corridor Management Plan and adopted by Scenic Corridor enabling ordinance by the County
(Ceuxet}J 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 comdor 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, [axd[convenience,
[axd-tke] general welfare and/or the nublic trust 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:
(-aj~ Is consistent with the intent and purpose of this chapter and the County Genera]
Plan.
Ebj~ Will not result in a substantial adverse impact upon the surrounding azea,
community and/or region.
(~j~ 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.
(ej~ Will improve Hawaii County's economic vitality by enhancing and protecting
our unique natural, scenic, historic, cultural, and/or recreational resources.
(#3~ Is located on a major or minor arterial highway, or collector road.
/.~~[T k 1 1. '1 le..,.~1. 1
llbb/~7~ SiQnificantlypossesses at least one of the following jsi~l intrinsic
qualities:
Scenic;
(~~B~ Natural;
(3}~ Historic;
~4jLDZ Cultural;
2
(3~
EL1 Archaeological;
(~(F) Recreational; or
Demonstrates local private and public support and participation
°
Section 25-6-[63]62. Permitted uses. `h° °r"°"'"h"'r'"a'°°~'
des~ated-as] Within a Scenic Corridor all [ "
J
e
Zoning Code regulations applicable to the zoning
district or districts in question remain in effect unless differine reeulations are contained within
the Corridor Management Plan as adopted by ordinance in which case the Corridor Management
Plan shall apply.
Section 25-6-[64]63. Initiation of a Scenic Corridor; requirements.
(a) The [ ]director or [*h° Tl"-°"'"
Eeunsrl] council by [lkeselxHert] resolution must initiate the establishment of a Scenic Corridor.
The [Reselxtie}3] resolution must demonstrate that the proposed Scenic Corridor meets the
requirements of 25-6-61. The [D
°°"icc~iiiEivn] 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 [preperEies] lots within [3A0] three
hundred feet (adjasext-te] of the public road being proposed to be
designated as a Scenic Corridor.
3
(5) Any other plans or information required by rules adopted by the director in
accordance with chapter 91 of the Hawaii Revised Statutes.
(b) Within thirty days of the adoption by the [EecmEi-1] council of the resolution, the
[ ]director shall serve notice of the proposed Scenic Corridor upon
all [land] owners[,] and lessees of lots, and utility companies with easements and/or other
property rights, [ a i t, c ii^ ..,:.w:., znn ~ °^~w ..:ao „Frl,o
'a w ' ~ ^°a a°^~~--~^*ea ^ ^ ~'°--~a°-] whose prouerties are either (1)
b y Y° a
within the proUOSed Scenic Corridor or (2) within three hundred feet of the boundaries of the
pr~osed Scenic Corridor The notice shall igive a Qeneral description of the Scenic Corridor and
describe the opyortunity for public comment.
(c) Corridor Management Plan.
Within [twelve] twenty-four months after the adoption of the [Resel~etiea]
resolution, the [ )director shall complete a Comdor Management Plan and
enabling ordinance, which will be forwarded to the Planning Commission for its
recommendation to the Hawaii County [Eat] 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 [c-leaFly] identifying Scenic Corridor boundaries and the location[,
length] of [ intrinsic
qualities and different land uses within the Scenic Comdor
(3) An assessment of [*'~a-~] such 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 mazketing of the Scenic
Corridor.
4
(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
selection of tools needed to protect and/or enhance the corridor should be based on the following
criteria:
(A) The ability to insure that new development is
consistent with the conditions and standards established for the Scenic Corridor, while
maintaining the property [ewne~s] owners rights to reasonable use of the property;
(B) [fie] The ability toprovide the appropriate degree of
development and aesthetic control needed to preserve and enhance quality of the corridor
C u 'a 4w Q.....~.~dvh~ L. a~ .m4....r]Theabilityto
( ) [ -imzac-~nczxrnrivracjcvaF~~i~~ & a3'v'°c..,..~
provide flexible, diverse and suitable regulatory and non-regulatory tools and techniques to a
variety of circumstances.
(11) Specific time schedules for plan implementation.
(12) Standazds 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.
(14~ Identification of uotential funding sources.
15 Provisions for termination of the Corridor Management Plan if it is not
imylemented.
(d) The director shall forward the [Sset3is] 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 Scenic Corridor
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
5
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 Scenic Corridor enabling ordinance and the
[$senis] 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.
(2) Within ten days after receiving notice of the date of the public hearing, the
director shall serve notice of the public hearing on [af€eeted] owners, [aHlity-serx~p;] and
lessees of record, 'a r r e""~:" " " ,.,a"'_ "
and utility companies with easements or other property interests, whose
properties are within the proposed Scenic Corridor or within three hundred feet of the
boundazies of the proposed Scenic Comdor The notice shall otherwise conform to sec. 25-2-
4(c, and (d).
(3) Within [~20] one hundred twenty days after receipt of the jseeHisj
Corridor Management Plan from the director, the commission shall transmit the proposed Scenic
Corridor ordinance and jseeaiej 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] no recommendation.
Section 25-6-64. Corridor Advocacy Groups.
(a) A corridor advocacy group is anon-profit community-based organization formed
to promote plan or otherwise support a scenic corridor or comdors.
(b) The council may designate by resolution, an official corridor advocacy group for
a scenic corridor or proposed scenic corridor.
(c) The council may delegate the prepazation of the Comdor Management Plan to the
officially-designated corridor advocacy soup. In that case, the corridor advocacy group shall
provide the notices required under sec 25-6-63(b) and prepare a Comdor Management Plan
6
conforming to sec 25-6-63(c) The director shall prepare an enabling ordinance and the
procedure shall thereafter follow sec. 25-6-63(dl and (e).
Section 25-6-65. Conditions and standards imposed on a Scenic Corridor.
(a) The [Cee~nsi-1] council may impose conditions on the use of the property directly
adjacent to the transportation corridor provided that the [CeunEi-1) council finds that the
conditions are:
(1) Necessary to prevent circumstances which maybe adverse to public
health, safety and welfare, [ate]
(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[.] and
(3) Necessary to protect preserve and enhance the environmental, historic,
cultural scenic archaeological and/or recreational resources and intrinsic qualities identified
within the Scenic Corridor.
(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 Comdor 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, building permits, and subdivision
approvals shall conform to the standards and conditions contained in the Scenic Corridor
enabling 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 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.
7
SECTION 3. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of ls` Reading:
Date of 2"a Reading
8