HomeMy WebLinkAboutBIL 291 Draft 01 2010-2012OFFICE INFORMATION ONLY
Meeting: Planning Committee — January 7, 2013 (2012-2014 term)
Action: Postponed to call of Chair . r`eoe, b. C-:5t,t _9
September 19,2M (2010-2612 term); referred t6 Planning Department and
Planning Commission.
Re: Bili 4h; Comm. 824 (2010-2102 term)
241
COUNTY OF HAWAII
Mt� us Merl.
•_ STATE OF HAWAII
OF•Mr,.�+
BILL NO. 291
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 6, DIVISION 1 OF THE
HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
PLANNED UNIT DEVELOPMENT.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Findings and Purpose. The Hawaii County Council finds that:
■ A Planned Unit Development (P.U.D.) is both a type of building development and a
regulatory process.
A P.U.D. is a designed grouping of varied and compatible land uses, such as housing,
recreation, commercial centers, and industrial parks, all within one contained
development or subdivision and may include provisions to encourage clustering of
buildings, designation of common open space, and incorporation of a variety of building
types and mixed land uses.
■ A P.U.D. is planned and built as a unit thus fixing the type and location of uses and
buildings over the entire project. Potential benefits of a P.U.D. include more efficient site
design, preservation of amenities such as open space, lower costs for street construction
and utility extension for the developer and lower maintenance costs for the County.
■ The area for redevelopment is planned all at once so land uses complement each other.
While a P.U.D. allows for flexible project design and for innovative uses of spaces and
structures to achieve planning goals, standards are needed to protect public health and
safety and to assure design quality and conformance to an overall plan.
The Council recognizes that the P.U.D. process must clearly spell out the review process,
opportunities for Council and public involvement, and procedural guidelines.
The purpose of this ordinance is to amend the Hawaii County Code to clarify procedural
guidelines, define the requirements of a P.U.D. project, and to add the Planning Commission(s)
and the County Council to the review and approval process for a P.U.D.
SECTION 2. Chapter 25, article 6, division 1 of the Hawaii County Code 1983 (2005
Edition, as amended) is amended to read as follows:
"Division 1. Planned Unit Development (P.U.D.).
Section 25-6-1. Purpose.
The purpose of planned unit development (P.U.D.) is to encourage comprehensive site
planning that is compatible with the surrounding community and that adapts the design of
development to the land, by allowing diversification in the relationships of various uses,
buildings, structures, open spaces and yards, building heights, and lot sizes in planned building
groups, while still insuring that the intent of this chapter is observed. The P.U.D. requires a high
standard for the protection and preservation of environmentally sensitive lands, well planned
living, working and shopping environments and the timely provision of essential utilities and
streets.
Section 25-6-2. [Minimum land area required.] Reserved.
[The minimtffn land ., o required f a P.U.P. shall be two a es.]
Section 25-6-3. Application for P.U.D. [permit]; requirements.
An application for a P.U.D. [pelmi] may be filed by a property owner or any other person
with the property owner's consent, shall be on a form prescribed for this purpose by the director.,
and shall be accompanied by:
(1) A filing fee of $500.
(2) A written description of the proposed project, including the following information:
(A) A description of the property in sufficient detail to determine the precise location
of the property involved[;] including a metes and bounds description of the
property prepared by a surveyor;
(B) A statement of objectives and reasons for the requested P.U.D. [permit ineluding
an analysis of how the request satisfies the standards , ntai oa iin o,.t;,,n 2-5-6-
4-0];
c64-0];
(C) A list of all requested deviations or variances from the requirements of chapter
23 (subdivisions) and chapter 25 (zoning), Hawaii County Code;
(D) A preliminary schedule for the timetable of the proposed development; [and]
(E) An analysis of the relationship of the proposed development to the general
plan[...] , and
A preliminary site plan of the P.U.D., showing:
Property boundaries;
Proposed land uses, densities, and acreage of land involved;
Proposed land uses, size, gross square footage, character and disposition
of buildings and structures on the site;
(44,) Natural, historic, and cultural features;
Approximate location of all roadways and access drives proposed within
the P.U.D.;
Location of all adjacent streets, thoroughfares, and public utilities;
The proposed P.U.D. in relation to surrounding streets and property
located within six hundred feet in all directions of the development site;
2
The location, height, and land use of all existing buildings and structures
immediately adjacent to the development site; and
(9) A description of each of the open space areas proposed for the P.U.D. for
cultural and environmental purposes, including those open space areas
preserved because of natural hazards such as floodways.
[{} Dr-awings and plans eo '. . - -ener-al development plan eever-ing the en4ir-e area of
the P.U.D., n p ;ding the following inn r -m tion:
A) Uses, dimensions, and l,,e tiers of r,r.,pose.l stmetufes;
Il l �1;7'.1ti, l i4s n o.,-.o„ts of proposed street n Pedestr an ^„a
CnT►.--ivars-urrgriizr .�..�, ...�... .:':1: .... ............., .,_ t,..,r, .,.,.,... ..._.,...., ...._.... t,.,....,., ...».. .,.. _.,..
dfainage ways;
(C) Any proposed subdivisionofp ”crtr fr- individual -Pur vo. ,..e;
!Tl\ Parking
C�areas;
(E) Publie areas and uses; an
(F) Landseaping and A.
[(`) Arehiteetxr-al—drawings for- all buildingsother-than single- ffin ly dwelling
demonstrating the deess'ign-and eh au"te_ of the proposed buildings and :..s ]
[(m)](3) A list of the names, addresses and tax map key numbers of all surrounding owners
and lessees of property interests in property within the boundaries established by
section 25-2-4.
[(6)](4) Any other information or plans required by rules adopted by the director in
accordance with chapter 91, Hawaii Revised Statutes.
Section 25-6-4. Notice of action on P.U.D. application.
[(a)] Upon acceptance of a P.U.D. application, the director shall fix a date for the director's
action on the application. Within ten days after receiving notice of such date, the applicant
shall serve notice of the application on surrounding owners and lessees of record, as
provided by section 25-2-4. The applicant shall also serve notice on owners and lessees of
record of interests in other properties which the director may find to be directly affected by
the P.U.D. [pefmi] sought. The applicant shall also post a sign for public notification on
the property as provided by section 25-2-12.
[(b) The dir-eeter- shall publish notiee of the date of the proposed deeision by the dir-eetef and the
date by whieh < .r.;tto eemments must be rondiye by the dire rte t least two newspapers
ers
' ruc ieui a. � vrv'v iav ry uYu�vi.r
of general eir-oulation in County, at least tendayspr-i0f to the dire .tor -'s oa
deeiission..]
Section 25-6-5. [ .]
Reserved.
[An ., plie do f r.., P.U.P. orrr,;t tha4 proposes a o not _.-.vfm tte either- ,7;,-eetly or- as
for—a-ehan o is fled eone ei4ly with o efte-ire P.U.B-pefmit appheation.
,
and ,. P.U.D. T.D proved by the director- shall be-e€€ective-on!), when the -ehangeg
or -di ,. nee beeomes ofd ..tine,]
3
Section 25-6-6. [ etions by dir-eetor- on P.U.D. permit ., plie ,tions.] Procedure for
processing P.U.D application.
[f , the dir-eetor- shall, within sixty days aftef aeeeptanee 0
P.U.P. pefm't plie.,t;.,,, den), the . plie.,tio o appr-ove :t subjeet to . nd tions.]
[(b) The d t' e b the ,1; Bete shall be ably relationship hD T T Tl
L iY t cv the u ..
it issued, and to the approved uses, plans, and var-ianees of distfiet standards; ,
however-, that ne improvements or- alterations off site of the pr-Ojeet shall be r-equifed as
eandition of a P.U.P. ei:mitt. The e6nditions may i elude, butnotbe limited to the
!6\ T Ttilities to be f;„-. fished; a*
(7) The to„t and limitations upon the vafianees permitted.]
[C6\ T7- he diicetef imay, —within the sixty day period -artef a . eptan e of » P.U.P. tn�rmit
applieation, grant a paft:.,l appfeval of the request ,:.here .,11 plans and d no
been submitted with the original applieation. Provided,, howeyei, that. ne building permit
shall be issued, nor- shall any eenstfuetion on the pfopeAy eemmenee until the dr- i g
hm,e been r-eviewed and appr-oved by the dir-eetor- and All! P.U.D. per -mit appfeval has been
issued for- the pei4ien of developme 9 the proposed eenstfaeti
[(d) When plans and dr via, suhmiff
appheatien has b et. is—xunder-subseetian (e) above with a o est for- fdr-t of r .,,4;.,]
appr-oval of full appr-eval, the dir-eeter- shall r-eview the drawings and shali either- appfave o
deny the request within thirty days from the date that the drawings are filed by the appheant.
f .-t L, «t' 1 or -full P.U.D. per -mit a .,1 of the a p lie do .,.-,.a in aeeofdanee with this
subseetien..
[(e) if tthe dir-eeter- fails t ..t "on., P.U.P. ,•m t a plie t:o„n within the pr-esefibed sixty day
d as required by subseetion (a) above, the appliea4ion shall be eensider-ed as having
difeeter- fails to aet upon filed plans and drawings within the thirty day peFied required by
s bseetion (d) above the plans.hall be e side,-o.l as 1,.,. ing been appr-oved an a full
P.U.D. o.,•,: t: e.,
(a)Within one hundredtwenty days after a P.U.D. application has been accepted by the
director, the director shall forward the application to the commission, which shall include
the following:
The director's recommendation on the proposed P.U.D.;
A proposed P.U.D. ordinance which establishes the P.U.D. and provides P.U.D.
standards and conditions, including permitted land uses, accessory uses, densities,
heights setbacks and variances from the requirements of this chapter, and from
chapter 23 (subdivision control), if applicable;
The preliminaryplan for the P.U.D.;
An analysis of the relationship of the proposed development to theeng eral plan, the
local community development plan, and any other regional plans; and
� o o E.me
(Zl Uses that., .,hib t,- liitd ,
/A\ C e fie tions fes,,- the minimum development
stafid r -ds;
!6\ T Ttilities to be f;„-. fished; a*
(7) The to„t and limitations upon the vafianees permitted.]
[C6\ T7- he diicetef imay, —within the sixty day period -artef a . eptan e of » P.U.P. tn�rmit
applieation, grant a paft:.,l appfeval of the request ,:.here .,11 plans and d no
been submitted with the original applieation. Provided,, howeyei, that. ne building permit
shall be issued, nor- shall any eenstfuetion on the pfopeAy eemmenee until the dr- i g
hm,e been r-eviewed and appr-oved by the dir-eetor- and All! P.U.D. per -mit appfeval has been
issued for- the pei4ien of developme 9 the proposed eenstfaeti
[(d) When plans and dr via, suhmiff
appheatien has b et. is—xunder-subseetian (e) above with a o est for- fdr-t of r .,,4;.,]
appr-oval of full appr-eval, the dir-eeter- shall r-eview the drawings and shali either- appfave o
deny the request within thirty days from the date that the drawings are filed by the appheant.
f .-t L, «t' 1 or -full P.U.D. per -mit a .,1 of the a p lie do .,.-,.a in aeeofdanee with this
subseetien..
[(e) if tthe dir-eeter- fails t ..t "on., P.U.P. ,•m t a plie t:o„n within the pr-esefibed sixty day
d as required by subseetion (a) above, the appliea4ion shall be eensider-ed as having
difeeter- fails to aet upon filed plans and drawings within the thirty day peFied required by
s bseetion (d) above the plans.hall be e side,-o.l as 1,.,. ing been appr-oved an a full
P.U.D. o.,•,: t: e.,
(a)Within one hundredtwenty days after a P.U.D. application has been accepted by the
director, the director shall forward the application to the commission, which shall include
the following:
The director's recommendation on the proposed P.U.D.;
A proposed P.U.D. ordinance which establishes the P.U.D. and provides P.U.D.
standards and conditions, including permitted land uses, accessory uses, densities,
heights setbacks and variances from the requirements of this chapter, and from
chapter 23 (subdivision control), if applicable;
The preliminaryplan for the P.U.D.;
An analysis of the relationship of the proposed development to theeng eral plan, the
local community development plan, and any other regional plans; and
(5) A schedule for the timetable of the proposed development.
The commission shall review any P.U.D. application and shall forward its recommendation
on the application to the council through the mayor for the council's consideration and
action.
W In reviewing the application the commission shall hold at least one public hearing in
the district in which the proposed P.U.D. is located. The commission shall provide
reasonable notice of the date of the hearing to the applicant. The commission shall also
publish notice of the hearing, as provided in this chapter.
Q Within ten days after receiving notice of the date of the public hearing, the applicant
shall serve notice of the hearing on surrounding owners and lessees of record as
provided by section 25-2-4. The applicant shall also serve notice on owners and lessees
of record of interests in other properties which the commission may find to be directly
affected by the proposed P.U.D.
Within ninety days after receipt of the application from the director, unless a longer
period is agreed to b,, t�pplicant, the commission shall transmit the proposed P.U.D.
ordinance together with its recommendation thereon through the mayor to the council.
The commission shall recommend approval in whole or in part, with or without
modifications or rejection of such proposal. In the event that the commission fails to
act on the application within the ninety -day period, such inaction shall be considered
an unfavorable recommendation by the commission, and the application shall be
transmitted through the mayor to the council with such recommendation.
Section 25-6-7. [wed..] Conditions imposed on P.U.D.
(a) The council may impose conditions on the use of the property subject to the P.U.D.,
_provided the council finds that the conditions are:
Necessary to prevent circumstances which may be adverse to the public health, safety,
and welfare;
(2) Reasonably conceived to fulfill needs directly emanating from the land uses proposed
with respect to protection of the public from the potentially deleterious effects of the
proposed uses or fulfillment of the need for public service demands created by the
proposed uses;
(3) Necessary to assure consistency with the general plan, community development plan,
or any other regional plan in effect for the area; and
(4) Necessary to protect natural, historic, or cultural resources located on the subject
property.
In addition to the conditions described in subsection (a), the council shall review the P.U.D.
ordinance in order to ensure the following requirements are included:
() A description of each of the uses proposed in the P.U.D.;
Q The overall densities and uses of structures established in the P.U.D.;
(?) Any infrastructure requirements for the P.U.D.;
L4) Any open space requirements for the P.U.D.; and
(55) The proposed uses are consistent with the underlying zoning.
Section 25-6-8. [ReseFved.] Review and approval of final site plans.
Laj
After adoption of a P.U.D. ordinance the applicant shall submit to the director detailed final
site
plans for the P.U.D. The final site plans shall conform to the P.U.D. ordinance and shall
include the following:
Uses dimensions, and locations of proposed structures;
(22)
Widths alignments and improvements of proposed streets and pedestrian and drainage
ways
Any proposed subdivision of property for individual parcel sale;
reas;
Parkin areas;
(55)
Public areas and uses;
Architectural drawings for all buildings other than single-family dwellings
demonstrating the design and character of the proposed buildings and uses;
All items required for a plan approval application, as provided by section 25-2-72.
(88)
Plans for required infrastructure improvements;
(9)
A list of all requested deviations or variances from the requirements of chapter 23
(subdivisions) and chapter 25 (zoning), Hawaii County Code; and
Any other information required by rules adopted by the director in accordance with
chapter 91, Hawaii Revised Statutes.
In reviewing final site plans for a P.U.D., the director shall consider the proposed
development and uses in relation to the surrounding_ properties, improvements, streets,
traffic community characteristics and natural features. The director may approve the final
site
plans subject to conditions or the director may approve the final site plans subject to
certain changes when in the director's opinion such conditions or changes are necessary to
carry
out the purposes of the P.U.D. ordinance, this chapter and the considerations
contained in this section. The conditions imposed by the director shall be justifiable based
on their consistency with the P.U.D. ordinance.
(c)
The
director may require conditions or changes to assure:
Adequate light and air, sitting and arrangements of all structures and
,proper
improvements are provided;
Existing and prolective traffic movements will not be hindered;
Proper landscaping that is commensurate with the development or use and its
surroundings;
Unsightly areas are properly screened or eliminated;
Adequate off-street parking is provided to serve the development or use;
Access to the parking areas will not create potential accident hazards; and
Within reasonable limits any natural, historic, cultural, and man-made features of
community value are preserved.
The
director may also require changes or conditions related to the following requirements:
Commencement and completion time frame for the project,
(22)
Boundary and density changes approved in the project;
(33)
Uses that are prohibited or limited;
Specifications for the minimum development standards;
Specifications for street improvement and dedication;
Infrastructure and utilities to be furnished; and
The extent and limitations upon the variances permitted.
(e) Within sixty days after acceptance of the final site plans, the director shall either deny or
aprove the final site plans. If the director fails to render a decision on the site plans within
the prescribed period the site plans shall be considered approved without further
certification by the director.
(f The director may approve final site plans for a P.U.D. only if the applicant has complied
with all of the conditions contained in the P.U.D. ordinance and the final site plans conform
to the standards contained in the P.U.D. ordinance. The director may approve the site plans
subject to conditions, or the director mayapprove the site plans subject to certain changes
when in the director's opinion, such conditions or changes are necessary to carry out the
purposes of the P.U.D. ordinance, this chapter, and the considerations contained in this
section.
Section 25-6-9. Reserved.
Section 25-6-11. [Height exeeptions authorized.] Construction in conformity with approved
final site plans.
[(a) A building appfaved under- a P.U.P. permit may exeeed the height lifnit speeified t1fider- the
((,,��
�atifn height of the building 1. ing sh l l not o ee seventy_ five foot.]
[Cyy�l A building appfeved under- a P.U.P. pefm;t and situated within a Zoning distr ..t„1,' vci b,
exeeeds the height limits speeified under- subseetion (a) may be per-mit4ed at the highef
height lifnits pr-eser-ibed for- that zoning distr-iet.]
Every structure, development, and use contained in final site plans for a P.U.D. approved by
the director shall be constructed and developed in accordance with the terms, specifications, and
conditions of approval for those site plans.
Section 25-6-12. [ , use permits and plan approvals issued unde
P.U.D. per-mtt] Plan approval issued by approval of final site plans.
[(a) Ne separate or- additional . -mit of use pefmit shall be required fef an), vananee of
use under--pefmit, and "Se oa under- , P.U.D.
:t shall be eensidefed to be in eemp1; ;tb, tl,o ro lpr-eeoil,r-es or-„b,t.,
vananee or use p ]
[(b)
tinder-
P.U.P. it n f4ther- eti ,o.a f f the of plan . .,1 under- this
oFm, o
ehaptef.]
Plan approval shall be considered issued when final site plans for a P.U.D. are approved by
the director. as provided by section 25-6-8. and no further action is required for the issuance of
Ian approval under this chapter.
Section 25-6-13. Effect of P.U.D. [per -mi I approval on other zoning provisions.
Any P.U.D. [permit] approval issued shall be subject to all of the conditions imposed in the
[per -mid] approval and shall be exempted from other provisions of this chapter only to the extent
specified in the [pet.] approval.
Section 25-6-14. Time extensions and amendments.
(a) Any request for a time extension or an amendment to a P.U.D. the eendifie
of a P.U.D. permit] approval may be granted by the director upon finding that no change has
occurred in relation to the property since the P.U.D. [permit was issued]
final site plan was
approved or that the approval is still valid with respect to any changed conditions.
(b) The director shall act on any request for a time extension or amendment within forty-five
days after the receipt of the request. [ ,
difeeter- may impose additional eenditions to fneet the intent of the P.U.D. .] If the
director fails to render a decision within the forty-five days after the receipt of the request,
the request shall be considered denied without further certification by the director.
(c) Any amendment to the conditions and standards contained in a P.U.D. ordinance shall be
processed in the same manner as the original P.U.D. ordinance. A request for any
amendment shall be submitted in writing to the director, in lieu of the aDDlication reouired
for a P.U.D.
8
The request shall be accompanied by a filing fee of $500.
Section 25-6-15. [meals.] Appeal of director's actions on P.U.D. final site plans.
(a) If the director denies approval of a P.U.D. [permit,] final site plan, such decision is final
except that, within thirty days after the date of the written decision, the applicant may appeal
such action to the board of appeals, pursuant to the rules of practice and procedure of the
board of appeals.
(b) Any person aggrieved by the decision of the director in the [issuanee] approval of a P.U.D.
[permit deeis".r] final site plan may appeal the director's action to the board of appeals, in
accordance with this chapter, within thirty days after the date of the director's written
decision."
SECTION 3. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 4. Severability. If any provision of this ordinance or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 5. This ordinance shall take effect upon its approval.
, Hawai`i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 824
W