HomeMy WebLinkAboutBIL 059 Draft 01 2012-2014OFFICE INFORMATION ONLY
Meeting: Planning Committee—Planning Committee — July 9, 2013
Action: Postponed to the call of Chair; never taken back up.
Re: Bill 59; Comm. 229 (2012-2014 term)
COUNTY OF HAWAII
•� �� STATE OF HAWAII
BILL NO. 59
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 a regulatory process that encourages
comprehensive site planning 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
ensuring that the intent of the zoning code is observed. The area for development is
planned all at once so land uses complement each other.
A P.U.D. approval allows for a comprehensive set of deviations and variances from the
zoning and subdivision codes related to building site standards such as lot width and size,
building height, yards and open space, and road standards. These deviations and
variances provide flexibility in project design in order to encourage the protection of
important natural resources such as floodplains, woodlands and wildlife habitat, and
historic and cultural resources; the protection of important agricultural lands; the
provision of open space; and the provision of support infrastructure that is in harmony
with the character of the surrounding area while providing for an environment of
sustained desirability and stability.
■ 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.
■ A P.U.D. approval does not change the zoning district of the lands upon which the
development is proposed. The proper regulatory process for establishing a
comprehensive development containing a mix of land uses is the Project District zoning
district which is enacted by ordinance by the County Council.
The Council recognizes that the P.U.D. ordinance has not been amended since adoption of the
Puna, Kona, North Kohala, and South Kohala Community Development Plans.
The Council also recognizes that the P.U.D. ordinance must clearly identify the purpose of a
P.U.D., spell out the application and review process and procedural guidelines, and provide
opportunities for public involvement in the P.U.D. approval process.
The purpose of this ordinance is to amend Chapter 25 of the Hawaii County Code to clarify the
purpose of a P.U.D., clarify procedural guidelines for submitting a P.U.D. application, define the
requirements of a P.U.D. project, and to provide an opportunity for greater community
involvement in the 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 [ ,]
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. Approval of a P.U.D.
allows a comprehensive set of deviations and variances from the zoning and subdivision codes to
be applied to a development in order to encourage creativity in land planning, site design, and the
protection of environmentally sensitive lands not possible with conventional zoning and
subdivision standards. In return for greater flexibility in site design requirements, a P.U.D.
requires a high standard for the protection of environmentally sensitive and important
agricultural lands.
Section 25-6-2. Minimum land area required.
The minimum land area required for a P.U.D. shall be two acres.
Section 25-6-3. Application for P.U.D. [per-nd ]; requirements.
An application for a P.U.D. [permit] 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;
(B) A statement of objectives and reasons for the requested P.U.D. [petrit],
including an analysis of how the request satisfies the standards contained in
section 25-6-10;
(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 schedule for the timetable of the proposed development; and
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(E) An analysis of the relationship of the proposed development to the general
plan and applicable community development plan.
(3) Drawings and plans comprising a general development plan covering the entire
area of the P.U.D., and providing the following information:
(A) Uses, dimensions, and locations of existing and proposed structures;
(B) Widths, alignments, and improvements of proposed streets and pedestrian
and drainage ways;
(C) Any proposed subdivision of property for individual parcel sale;
(D) Parking areas;
(E) Public areas and uses; []
(F) Landscaping and [open es] 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.
jG) Natural, historic, and cultural features;
The proposed P.U.D. in relation to surrounding streets, thoroughfares,
public utilities and property located within six hundred feet in all directions
of the development site; and
The location, height, and land use of all existing buildings and structures
immediately adjacent to the development site.
(4) Architectural drawings for all buildings other than single-family dwellings
demonstrating the design and character of the proposed buildings and uses.
(5) 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) A written community meeting summary described in section 25-6-7(d).
[(6)](D 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. [pefmit] approval sought. The applicant shall also post a sign for public
notification on the property as provided by section 25-2-12.
(b) The director shall publish notice of the date of the proposed decision by the director and the
date by which written comments must be received by the director in at least two newspapers
of general circulation in the County, at least ten days prior to the director's proposed
decision.
Section 25-6-5. Procedure for processing application when use not permitted in district.
An application for a P.U.D. [permit] that proposes a use not permitted either directly or as a
conditional use within a district may be considered by the director only if a separate application
for a change of zone or project district is filed concurrently with or prior to the P.U.D. [pest]
application. The P.U.D. [permit] application and the change of zone or project district
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application shall be considered concurrently, and any P.U.D. approved by the director shall be
effective only when the change of zone ordinance becomes effective.
Section 25-6-6. Actions by director on P.U.D. [pernti ] applications.
(a) Except as provided in section 25-6-5, the director shall, within [shy] ninety 90 days
after acceptance of a P.U.D. [pefffli] application or modification to a pending P.U.D.
application, deny the application or approve it subject to conditions, unless a longer
period is agreed to b t�pplicant.
(12) In reviewing the general development plan(s) 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, historic and
cultural resources. The director may grant the P.U.D. approval subject to conditions, or
the director may approve the general development plan(s) subject to certain changes
when, in the director's opinion, such conditions or changes are necessary to carry out
the purpose of a P.U.D. as described in section 25-6-1, or the intent of theeg neral plan
or applicable community development plan.
[(b)]Ccj The conditions imposed by the director shall bear a reasonable relationship to the
P.U.D. [permit] approval. [' ,
provided,distfiet standards; >
that no impr-evements or- alterations off site of
pr-ejeetshall—be-eqir-ed as -eenditteii of a P.U.D. per�nit.] The conditions may
include, but not be limited to the following:
(1) Commencement and completion time frame for the project;
(2) Boundary and density changes approved in the project;
[moi Uses that are ,,,.t ibite limned;]
[(4)](D Specifications for the minimum development standards;
[(5)](4) Specifications for street improvement and dedication;
[(6)](5,) Utilities to be furnished; and
[(7)}](6 The extent and limitations upon the variances permitted.
F(e) The difeetef may, within the sixty day pefied after- aeeeptaffee of a P.U.D. P
appheation, 'ia4 appr-ova4 of the r-e"est where all plans and drawings ha
permit sha4l be isseed, fief shall any eenstfuetion on the pfepet4y eenffnenee until the
appr-eva4 has been issued for the portion of dei=ek ment eenpr-ising the oposed
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appheatien has been issued tmder- subseefien (e) above with a fequest fef ftl#her- pa
appfeve of deny the feqttest within thifty days ffem the date dia4 the dfawings afe
in aeear-danee with this sebseetion.1
[(e)]fd,) If the director fails to act upon a P.U.D. [pemii ] application within the prescribed
[si�4y-day] ninety (90) day period as required by subsection (a) above, the application
shall be considered as having been denied and the director shall immediately inform the
applicant of such denial. [if the Fire^*^r fails to aet tipen filed plans d dr-a.,.iag-s
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Section 25-6-7. Reserved. Community meeting required prior to submittal of an
application for a P.U.D.
(a) No more than sixty (60) days prior to submittal of an application for a P.U.D., the
applicant shall conduct a community meeting to present the proposed P.U.D. and solicit
comments and concerns from the surrounding community.
(b) A meeting invitation containing the following information shall be served on the owners
and lessees of record of all lots according to the distances described by section 25-2-4;
and any community, homeowner or business associations or organizations known to be
active in the surrounding community
W The name of the applicant;
Q The precise location of the property involved including a location map;
The nature of the P.U.D. application including a general development plan;
(44,) A list of all requested deviations or variances from the requirements of chapter 23
(subdivisions) and chapter 25 (zoning), Hawai`i County Code;
(55) A statement of objectives and reasons for the proposed P.U.D.;
U The date, time and location of the community meeting; and
Q The applicants contact information.
Uc) At the community meeting the applicant shall clearly explain the difference in
developingproperty pursuant to the provisions of the zoning and subdivision code
versus the deviations and variances proposed in the P.U.D. application.
The applicant shall provide a written meeting summary to the Planning Department with
the P.U.D. application that includes the following_
W A meeting attendance list,
Q A copy of all presentation material that was provided to the community, at the
meeting, and
A description of community concerns and proposed mitigation measures to these
concerns.
Le,) The applicant shall make a good faith effort to address community concerns by
incorporating reasonable changes into the general development plan submitted with the
P.U.D. application.
Section 25-6-8. Reserved.
Section 25-6-9. Reserved.
Section 25-6-10. Criteria for granting a P.U.D. [per-fai ] approval
A P.U.D. [permit] approval may be granted by the director upon finding that:
(a) The construction of the [prejee ] proposed development can begin and be completed within
a reasonable period of time from the date of full approval.
(b) The proposed development substantially conforms to the general plan and applicable
community development plan.
(c) Any residential or agricultural development shall constitute an environment of sustained
desirability and stability for the district that is in harmony with the character of the
surrounding area, that results in an intensity of land use no higher than that otherwise
specified for the district, and that maintains the standards of open space at least as high as
that otherwise specified for the district in which the development occurs.
(d) Any commercial development shall not create traffic congestion which exceeds that which
would have been produced under conventional development patterns, practices and
standards in the district or interfere with any projected public improvements, shall provide
for proper entrances and exits along with proper provisions for internal traffic and parking,
and be an attractive center which does not adversely impact upon adjacent and surrounding
existing or prospective developments.
(e) Any industrial development shall be in conformity with desirable performance standards and
shall constitute an efficient and well organized development with adequate provisions for
freight service and necessary storage, and shall not adversely impact upon adjacent and
surrounding existing or prospective development.
(f) The development of a harmonious, integrated whole justifies exceptions, if required, to the
normal requirements of this chapter, and the contemplated arrangements or use make it
desirable to apply regulations and requirements differing from those ordinarily applicable
under the district regulations.
Section 25-6-11. Height exceptions authorized.
(a) A building approved under a P.U.D. [pefmi] approval may exceed the height limit specified
under the zoning district of the property and the height limits under section 25-4-22;
provided, that the maximum height of the building shall not exceed seventy-five feet.
(b) A building approved under a P.U.D. [pefmi] approval and situated within a zoning district
which exceeds the height limits specified under subsection (a) may be permitted at the
higher height limits prescribed for that zoning district.
Section 25-6-12. Approval of variances[, use permits and plan appFevalsl issued under
P.U.D. [perntitI approval.
[(a)]No separate or additional variance permit [ ] shall be required for any variance
[erne] approved under a P.U.D. [permit,] [and any vaFianee of tise appfeved
for- obtainin— of use Peffflit.]
[(b) Plan appfeval sha4l be eensidefed isstied when eampleted drawings afe appfeved tinder-
pefmit, and no fufthef ae4ioA fef the issttanee of plan appr-eveA iindef this
ehapter-.]
Section 25-6-13. Effect of P.U.D. [permit] approval on other zoning provisions.
Any P.U.D. [pefmi] approval issued shall be subject to all of the conditions imposed in the
[pefmif] approval and shall be exempted from other provisions of this chapter only to the extent
specified in the [peffnit.] approval.
Section 25-6-14. Time extensions and amendments.
(a) Any request for a time extension or an amendment to a P.U.D. [
P.U.D.of Et ] aqpproval 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 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 [fie]
ninety (90) days after the receipt of the request. In granting any time extension or
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amendment, the director may impose additional conditions to meet the intent of the P.U.D.
[permit.] approval. If the director fails to render a decision within ninety days after the
receipt of the request the request shall be considered denied without further certification by
the director.
(c) The request shall be accompanied by a filing fee of $250.
Section 25-6-15. Appeals.
(a) If the director denies approval of a P.U.D. [peilfnit], 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 [issue] approval of a P.U.D.
[peffli* deeis: ,.,] 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.
INTRODUCED BY
COUNCIL MEMBER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of I st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Conon. 229