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Home My WebLink AboutORD 1983-902 1980-1984BILL N0. 974 Dra 2 COUNTY OF HAWAII - STATE OF HAWAII ,: .9QIQi ORDINANCE NO~~- AN ORDINANCE AMENDING CHAPTER 8 (ZONING CODE) OF THE HAWAII COUNTY CODE, AS AMENDED, RELATING TO PLANNED DEVELOPMENT PERMIT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 3.154, Article 1, Chapter 8 of the Hawaii County Code is repealed. ["Section 3.154. PLANNED DEVELOPMENT PERMIT. A license granted by the Planning Commission to allow the submission of plans for a hotel and/or condominium development for Plan Approval."] SECTION 2. Section 3-D, Article 5, Chapter 8 of the Hawaii County Code is amended to read as follows: "D) Apartments [,provided that for a multiple-family dwelling unit which is considered a condominium, a Planned Development Permit is secured from the Planning Commission]." SECTION 3. Section 3-A, Article 9, Chapter 8 of the Hawaii County Code is amended to read as follows: "A) Hotels, resorts, resort motel, condominium buildings[, and provided that a Planned Development Permit is secured from the Planning Commission]." SECTION 4. Section 3-J, Article 10, Chapter 8 of the Hawaii County Code is amended to read as follows: "J) Hotels, apartment-hotels and condominium buildings provided the density shall not exceed one (1) rentable unit for each 1,250 square feet of land area within the building site and allocated for resort and accessory uses only[; and provided further that a Planned Development Permit is secured from the Planning Commission]." SECTION 5. Section 3-0, Article 11, Chapter 8 of the Hawaii County Code is amended to read as follows: "0) Any use permitted in a 'RM' district with a maximum density of 1,250 square feet of land area per rentable or dwelling unit[; provided that a Planned Development Permit is secured from the Planning Commission for a condominium building]." SECTION 6. Section 3-Aa, Article 12, Chapter 8 of the Hawaii County Code is amended to read as follows: "Aa) Hotels, apartment-hotels and condominium buildings provided the density shall not exceed one (1) rentable unit for each 500 square feet of land area within the building site[; and provided further that a Planned Development Permit is secured from the Planning Commission]." SECTION 7. Sections 2-B and 2-C, Article 22, Chapter 8 of the Hawaii County Code are repealed. ["B) No 'Plan Approval' shall be given for any hotel and/or condominium building unless a Planned Development Permit has been secured from the Planning Commission under the provisions of Chapter 8, Article 27, Section H; provided that any project which has been granted preliminary approval prior to the effective date of this ordinance is exempted from the requirements of the Planned Development Permit."] ["C) The Director may waive the 'planned development permit' requirement for all renovation/addition to existing hotel and/or condominium developments."] -2- SECTION 8. Section E-1, Article 27, Chapter 8 of the Hawaii County Code is amended to read as follows: "(1) Each action in the following list shall be a lesser action than any which precedes it: 'P.U.D.,' 'variance,' 'use permit,' ['planned development permit,'] 'plan approval,' 'sign approval. "' SECTION 9. Section H, Article 27, Chapter 8 of the Hawaii County Code is repealed. ["H. Planned Development Permit. 1) 'Planned Development Permits' may be issued by the Planning Commission as required for uses for which a 'planned development permit' is necessary. 2) Application for a 'planned development permit' shall be as follows: a. The application shall be on a form prescribed for this purpose by the Planning Commission and shall be accompanied by: (1) A filing and processing fee of one hundred dollars ($100.00). (2) A description of the property in sufficient detail to determine the precise location of the property involved. (3) A plot plan of the property, drawn to scale, with all proposed structures shown thereon and any other information necessary to make a proper determination of the request. -3- (4) Twenty-five (25) copies of an environmental impact statement as defined herein. More copies may be requested by the Director to assure ample public and County Council reviewing opportunity. (5) Any other plans or information required by the Planning Commission. b. The content and scope of the environmental impact statement shall be determined as follows: (1) The applicant shall submit the information required in a. (2) (3) above to the Planning Director. The Planning Director shall submit the information received from the applicant to the County Council for review, comments and recommendations. The County Council shall submit its comments and recommendations, if any, to the Planning Director within fifteen (15) days of the date of receipt of the information. (2) The Director shall review the information in comparison to the General Plan to determine the kind of an impact statement required of the applicant, major or minor statement. The Director shall also state the areas of critical environmental concerns to delineate the scope of the environmental impact statement. -4- (3) The Director shall determine the environmental impact statement requirement within twenty-one (21) days of the date of receipt of the request. Failure to act within the required time shall constitute a decision by the Director to accept a minor statement. (4) The outline and guidelines for developing a major or minor statement shall be made available to the public by the Planning Department. c. The Planning Commission shall conduct a public hearing after thirty (30) but within sixty (60) days from the receipt of a properly filed application. Notice of the public hearing and its purposes shall be published at least twice in a newspaper of general circulation in the County, once at least ten (10) days prior to the date of said hearing and the second at least two (2) days prior to said hearing. d. The Director shall review the application and provide a staff report to the Planning Commission. The Director shall distribute and coordinate the environmental impact statement and its comments. e. The Planning Commission shall evaluate the environmental impact statement including an analysis of the manner in which nearby properties are used, the character of -5- the area and community, the needs of the people, and any other pertinent factors. The Planning Commission may attach reasonable conditions to the permit deemed necessary to assure compatibility with the General Plan and Section 3-16 of the County Charter and the minimization of any adverse social and environmental impact. f. If the Planning Commission determines that the proposed hotel and/or condominium use will conform to the intent of the General Plan and other related ordinances, it shall grant the Planned Development Permit provided that no structure or improvement pertaining to the proposed use shall be permitted until 'plan approval' has been secured. g. The Planning Commission shall not act on the application prior to fifteen (15) days after the public hearing but within a reasonable time thereafter. h. In the event the Planning Commission fails to schedule the public hearing within the required time or such longer period as may have been agreed to by the applicant, then the Director shall certify such application as approved and shall so notify the applicant. i. No new application for the subject area shall be filed within one (1) year from the date of the Commission's action unless the applicant proves that the conditions and/or -6- circumstances have changed substantially since the initial action; provided, no new application shall be processed prior to six (6) months from the date of the Commission's action. 3) For buildings constructed after the effective date of this ordinance and for which a 'planned development permit' was not required due to classification other than condominium a 'planned development permit' shall be required prior to the approval of any such use conversion. 4) Final action of the Planning Commission may, within fifteen (15) days after such action is taken be appealed in writing to the Planning Board of Appeals. a. Said appeal shall be accompanied by a filing fee of ten dollars ($10.00). b. Said appeal shall set forth the basis of such appeal and shall specifically detail the manner in which it is alleged that the Planning Commission has erred in making its determination. c. The Board of Appeals, upon receipt of such appeal, shall set the matter for a hearing. Notice of the hearing shall be mailed at least ten (10) days prior to such hearing to the appellant, the Planning Commission, either by mail or in person. d. Within sixty (60) days after the filing of such appeal, the Board of Appeals shall affirm, modify or reverse the action from which the appeal was taken. -7- 5) Final action of the Planning Board of Appeals may, within fifteen (15) days after such action is taken, be appealed in writing to the Hawaii County Council. a. Said appeal shall be accompanied by a filing fee of ten dollars ($10.00). b. Said appeal shall set forth the basis of such appeal and shall specifically detail the manner in which it is alleged that the Planning Board of Appeals has erred in making its determination. c. The Hawaii County Council, upon receipt of such appeal, shall set the matter for a hearing. Notice of the hearing shall be served at least ten (10) days prior to such hearing to the appellant, the Planning Commission and the Planning Board of Appeals, either by mail or by personal delivery. d. The Hawaii County Council shall sustain an appeal only if the Council finds that the action of the Director, Planning Commission, or Planning Board of Appeals was based on an erroneous finding of a material fact or that the Director, Planning Commission, or Planning Board of Appeals had acted in an arbitrary or capricious manner or had manifestly abused his or its discretion. e. Within sixty (60) days after the filing of such appeal, the Hawaii County Council shall affirm, modify or reverse the action from which the appeal was taken. The decision of the Hawaii County Council shall be final.]" -$- SECTION 10. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION 11. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 12. This ordinance shall take effect upon its approval. INTRODUCED BY: a,~,a~~.' ~ j COUNCIL MEMBER, COU TY OF HAWAII Hilo, Hawaii Date of Introduction: Date of Adoption: Effective Date: June 8, 1983 June 22, 1983 July 1, 1983 -9- .~., Hilo, Hawaii Date: June 8, 1983 FIRST READING AYES NOES A/E Dahlberg X De Luz X Domingo X Fujii X Hale Kawahara X X Lai X Schutte X Ch r. Yamashiro X 9 0 0 Publication Date: Hilo, Hawaii Date: June 22, 1983 SECOND & FINAL READING AYES NOES A/E Dahlberg X De Luz X Domingo X Fujii X Hale X Kawahara X Lai X Schutte X Ch r. Yamashiro X 9 0 0 Publication Date: `JUL 14 1983 We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. ~~'~'~"`~'~FL1 as to --- ~. -•---- ;: ~ ~~::~ .!,IUN 2.9.1993.----------_. ouncil Ch a rm n !. County Clerk Approved/ ,this.•~~/j'..da~ of 19~. Bill No. 974 (DRAFT 2) Reference: C-1227/PC-234 r, County or Hawaii M.B. No. _ Ord. No. .~Q~