HomeMy WebLinkAboutCOM 0024.005 2006-2008 Page 1 of 6
Murashige, Laura
From: Charles Flaherty [oneheart@aloha.net] ~
Sent: Thursday, February 22, 2007 3:21 F'M a ~
;:~~1 FED 23 r;!1 8 ..q
To: counciltestimony@co.hawaii.hi.us
Cc: Hoffmann, Pete; Ford, Brenda; Pilago, K. Angel; Jacobson, Bob; Yagong, Dominic; Yoshimoto, J;
Higa, Stacy; Ikeda, Donald; Naeole, Emily Ci
; i
Subject: Bill 231
Aloha mai members of the County Council,
We reached agreement with the Planning Director on Bi11231.
I had anticipated the final draft of Bi11231 to have been submitted to you for this meeting (please see
rough drafr of Bill 231 sent to Planning Director last week).
However, the Planning Director has informed me that he has not completed some necessary technical
changes before Bill 231 can be presented to this Council.
My sincerest apologies to this Council for any part that I may have played in causing further delay.
Mahalo,
Charles Flaherty
AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY
CODE, RELATING TO A SCENIC CORRIDOR[S] 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 [Corridor]Byways[s] 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 Programs, 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 [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 [Hawai`i County C]council may, by ordinance, establish (segments] all or portions of p,t
~/ublic
Comm. No. 2- T •
Ref. To:Pr°i~++° W N'
2/23/2007 Ref. Uate R 0 9 207
Page 2 of 6
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 Scenic Con•idor 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 Scenic Corridor enabling
ordinance by the [County C]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, and/or the public 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:
(1) Is consistent with the intent and purpose of this chapter and the County
General Plan.
(2) Will not result in a substantial adverse impact upon the surrounding area, community and/or
region.
(3) Will enhance Hawaii County's significant natural, visual, recreation, historic and/or cultural
qualities.
(4) Will protect and enhance the attractiveness of Hawaii County to make it a better place to
live, work, visit, and/or play.
(5) Will improve Hawaii County's economic vitality by enhancing and protecting our unique
natural, scenic, historic, cultural, and/or recreational resources.
(6) Is located on a major, [or] minor arterial highway, or collector road.
[Is at least three miles in length.]
(7) [Includes] Significantly possesses at least one of the following [six] intrinsic qualities:
(A) Scenic
(B) Natural
(C) Historic
(D) Cultural
(E) Archaeological
(F) Recreational
[(G) Demonstrates local, private, and public support and participation.]
[Section 25-6-62. Minimum corridor length. The minimum length required for a Scenic
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Corridor is three miles.]
Section 25-6-6[3]2. Permitted uses. [Along the section of road that has been designated as]
Within a Scenic Corridor all Zoning Code regulations applicable to the zoning district or districts in
question remain in effect unless differing regulations are contained within the Corridor Management
Alan as adopted by ordinance, in which case the Corridor Management Plan shall apply. [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 25-6-6[4]3. Initiation of a Scenic Corridor; requirements.
(a) The [County of Hawai'i's Director of Planning] director, [or] [the Hawaii County] [C]
council by [Rjresolution must initiate the establishment of a Scenic Corridor. The [R]resolution must
demonstrate that the proposed Scenic Corridor meets the requirements of 25-6-61. The [R]esolution
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] lots within [300] three hundred feet [adjacent
to] of the public road being proposed to be designated as a Scenic Corridor. A
resolution by the council shall be required before such rules take effect.
{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 [C]council of the resolution, the [County Planning
Department] 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, [and lessees whose
property falls within 300 feet each side of the transportation corridor being proposed to be designated as
a Scenic Corridor] whose properties are either (1) within the proposed Scenic Corridor, or (2) within
three hundred feet of the boundaries of the proposed Scenic Corridor. The notice shall give a general
description of the Scenic Corridor and describe the opportunity for public comment.
{c) Corridor Management Plan.
Within twelve [twenty-four] months after the adoption of the [R]resolution, the [Planning
Department]director shall initiate and complete a Corridor Management Plan and Scenic Corridor
2/23/2007
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enabling ordinance, which will be forwazded to the Planning Commission for its
recommendation to the [Hawai`i County C]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 Scenic Corridor boundaries and the location,
[length] of intrinsic qualities and different land uses within the Scenic Corridor. [the transportation
corridor and proposed boundaries of the Scenic Corridor.]
(3) An assessment of 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 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 selection of tools
needed to protect and/or enhance the corridor should be based on the following criteria:
(A) The ability to assure [Provide the ability to insure] that new development
is consistent with the conditions and standazds established for the Scenic Corridor, while maintaining the
property owners' [s] rights to reasonable use of the property[.] or providing for fair market value
compensation to property owners for any infringement or encumbrance upon such rights.
(B) The ability to [P]provide the appropriate degree of development and
aesthetic control needed to preserve and enhance quality of the corridor.
(C) The ability to [P]provide the flexible, [ility to apply a] diverse[ity ofJ, and
suitable regulatory and non-regulatory tools and techniques to a vaziety of circumstances.
(11) 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.
(14) Identification of potential funding sources.
(15) Provisions for termination of the Corridor Management Plan if it is not
implemented.
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(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 Scenic Corridor enabling
ordinance is to establish the Scenic Corridor as well as any conditions and/or standards
recommended by the Corridor Management Ptan 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 Scenic Con•idor 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.
(7) 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 [affected] owners, [utility companies,] and lessees of
record, and utility companies with easements or other property interests, whose properties are (1) within
the proposed Scenic Corridor, or (2) within three hundred feet of the boundaries of the proposed Scenic
Corridor. The notice shall otherwise conform to sec. ZS-2-4(c) and (d).[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 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 no [negative] 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 corridors.
(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 preparation of the Scenic Corridor Management Plan to the
officially-designated corridor advocacy group. In that case, the corridor advocacy group
shall provide the notices required under sec. 25-6-63(b) and prepare a Scenic Corridor
Management Plan conforming to sec. 25-6-63(c). The director shall prepare an enabling
ordinance and the procedure shall thereafter follow sec. 25-6-63(d) and (e).
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Section 25-6-6[5]4. Conditions and standards imposed on a Scenic Corridor.
(a) The [C]council may impose conditions on the use of the property directly adjacent to the
transportation corridor provided that the [C]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[.], 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 Corridor Management Plan.
Section 25-6-6[6]5. 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.
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°d Reading:
2/23/2007