HomeMy WebLinkAboutBIL 281 Draft 02 2012-2014COUNTY OF HAWAII
-_ STATE OF HAWAII
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BILL NO. 281.
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 6, DIVISION 1 AND
ARTICLE 5 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 Council finds that planned unit development
(P.U.D.) is a form of development permit, and as such, the review process, opportunities for
public involvement, and procedural guidelines for approval must be implemented in the
decision-making process. The purpose of this ordinance is to amend the Hawaii County Code to
require that P.U.D. permit applications be reviewed and approved by the planning commission
that holds jurisdiction over the area containing the property for which the application is sought.
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 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.
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. permit; requirements.
An application for a P.U.D. permit 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. permit,
including an analysis of how the request satisfies the standards contained in
section 25-6-10;
(C) A list of all requested deviations [era iaes] 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
(E) An analysis of the relationship of the proposed development to the general
plan[...] and any 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 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; and
(F) Landscaping and open spaces.
(4) Architectural drawings for all buildings [other- than single family dwell' ]
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) Any other information or plans required by rules adopted by the [dir-eeto
commission 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 [dig=ester] commission, through the
department, shall fix a date for [the three*en'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 [dir-eetor] commission may find to be directly affected by the P.U.D. permit
sought. The applicant shall also post a sign for public notification on the property as
provided by section 25-2-12.
[(b) The dir-eetef shall Publish notiee of the date of the pr-oposed deeision by the difeet0r- alld
the date by wieh Nwitten eomments must be received by the direetof in at least
newspaper -s of genefal effeulation in the County, at least ten d&ys 13r-ior- to the dir-eete '-
(b) The public hearing shall be commenced no later than ninety days after the acceptance of
a P.U.D. application by the commission.
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 [direeter] commission only if a
separate application for a change of zone is filed concurrently with or prior to the P.U.D. permit
application. The P.U.D. permit application and the change of zone application shall be
considered concurrently, and any P.U.D. approved by the [direeto ] commission shall be
effective only when the change of zone ordinance becomes effective.
M
Section 25-6-6. Actions by [direeto I commission on P.U.D. permit applications.
[ >
within sixty days aftef aeeeptanee-
of a P.U.P. e + a pl: atio de the applicationappr-ove it bj t to conditions.]
(a) Within ninety days after acceptance of a P.U.D. permit application or within a longer
time period as may be agreed to or requested b the he applicant the commission shall
conduct a public hearing(s), and within sixty days following the close of such public
hearing(s), either deny or approve the application, subject to conditions as imposed by the
commission.
(b) The conditions imposed by the [mer] commission shall bear a reasonable relationship
to the P.U.D. permit issued, and to the approved uses, [per, and va-rianees] and plans of
district standards; provided, however, that no improvements or alterations off-site of the
project shall be required as a condition of a P.U.D. permit. The conditions may include,
but not be limited to the following:
(1) Commencement and completion time frame for the project;
(2) Boundary and density [Elanges] reallocations approved [in] for the project;
(3) Uses that are prohibited or limited;
(4) Specifications for the minimum development standards;
(5) Specifications for street improvement and dedication;
(6) Utilities to be furnished; [ate]
(7) The extent and limitations upon the [var-iaxees] uses permitted[...], and
(8) Compliance with representations made by the ap lip cant.
(c) If the commission fails to render a decision within the prescribed sixty-day period the
application shall be considered as being approved, provided that no written objection to
the P.U.D. permit application is received by the commission.
[(.e) The dlreeter-may, within the --sixty- period utter-aeccpt nice of •, P.U.D. T.D erim
applieation, grant a pai4ial appr-oval of the fequest wher-e all plans and drawings have not
>howevef,
that no building pem+4
shall be issued,nor- shall any nstmetion on the p ft eommenee nt:l the d
havehave Loon reviewed and e by the di -eetef and full P.U.D. 't appfoval L.
.�....__ ..i.... ...... a..=.0 uYYiv.vu v� uiv uu vv wi uaiu iuir
leen e for the portion .f Ele ell. ant ea g the pfoposed e0fistmetion.]
been iv= �=iv Yv ivu v uv'v'�.=vYiivu� vviii�i'
[(d) When plans —and —drawifigs are submitted after- a Paftial ap3reval--of a P.U.D. T.D. e
applieation has been issued under- subseetion (e) above with a fequest foF ' J W
approval or- fW! appr-oval, the dir-eetor- shall review the drawings and shal! either approve
of den), the fe q.est within thift y days f e=the date that the dfaw ngs a e filed b the
legnest—€oi—€ufther partial or- ftill P.U.D. pefmit approval oft ' t d in
aeeor-danee with this subseetien.]
[(R) if the `l,=eete fails t: aet upen u P.U.D. permit applieation withinthe pfeser-b ,l sixty
as -
having been denied and the difee-to•- shal'rr-immediately -inf;gfm the apprr'ieantt of such
denial if the ,1;,-eete,. fails t ,.t 'Y"n filedplan withintthi ft ,l Yauu.� uu,l ,lL,
ay
period fequir-ed by subseetien-(d)- above, the plans rshall bc-coisidere,�zcrrrg-b
been
approved and a D,11 P.U.D. permit issued.]
Section 25-6-7. Reserved.
Section 25-6-8. Reserved.
Section 25-6-9. Reserved.
Section 25-6-10. Criteria for granting a P.U.D. permit.
A P.U.D. permit may be granted by the [direete] commission upon finding that:
(a) The construction of the project 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 any
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. permit 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. permit 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. [ ] Approvals
issued under P.U.D. permit.
(a) No separate or additional [vari-anee] permit or use permit shall be required for any
[vafianee-a ] use approved under a P.U.D. permit, and any [varianee er] use approved
under a P.U.D. permit shall be considered to be in compliance with the required
procedures for obtaining a [varianee-o ] use permit.
(b) Plan approval shall be considered issued when completed drawings are approved under a
P.U.D. permit, and no further action is required for the issuance of plan approval under
this chapter.
rd
Section 25-6-13. Effect of P.U.D. permit on other zoning provisions.
Any P.U.D. permit issued shall be subject to all of the conditions imposed in the permit
and shall be exempted from other provisions of this chapter only to the extent specified in the
permit.
Section 25-6-14. Time extensions and amendments.
[(a) Any request ., time extension or- an amendment t.. P.U.P. 't or 4 the diti
ons
.0 peffnit
y granted
),y the lir-eet.,r upen finding
id that 1, L.
afige
6E�ed in r -elation t6the pr-opet4y since the -P JJ.P�eFmit was issued c-trh-e
appfoval is still valid with respeet to an), ehanged eonditions.1
[(b) The difeeter- shall aet an any request for- a time extension E)f amendment within t6i4y five
days aftef the reeeipt of the request. In granting any time extension or- amendment, the
dir * rliti., s t.. meet the intent otheP.U.D....i. J1
J impose additional f D
(a) A P.U.D. permit holder may apply to the commission through the department for an
amendment to the permit or any condition or conditions imposed therein
(b) In the case of time extensions the P.U.D. permit holder shall file the request not less than
ninety days prior to the expiration date of the applicable time condition or conditions
settingforth:
orth:
(1) The affected condition or conditions;
(2) The length of time requested; and
(3) The reasons for the request.
If the commission fails to act on a properly filed time extension request prior to the
expiration date, the activity granted under P.U.D. permit may be continued unless the
commission specifically disallows the activity during the interimep riod.
(c) In the case of additions, modifications and/or deletions of conditions of the P.U.D.
permit, the P.U.D. permit holder shall set forth in writing_
(1) The affected condition or conditions;
(2) The specific amendment or amendments requested; and
(3) The reasons for the request.
(d) Any such request shall be accompanied by a $250 filing and processing fee along with
the original and twenty copies of the request.
(e) The hearing and notice procedures and action shall be the same as under sections 6-6 and
6-8 of the Planning Commission Rules of Practice and Procedure provided further that
the commission shall conduct a hearing within a period of ninety days from the date of
receipt of a properly filed request, or within a longer period as may be agreed to by the
commission.
Section 25-6-15. Appeals.
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deeisi.,v..., e l the ,7irontof's n ,tion to the board .,f .,r.r,eal ,..,.1, nee .it this
j� "pp vvw v uv uvu , '
withintb,irt, lines after the date f the di t ' wr-'tteli deeisiond
Any decision of the commission so made within the context of this article shall be
appealable to the Third Circuit Court."
SECTION 3. Chapter 25, article 5, division 1, section 25-5-8 of the Hawaii County
Code 1983 (2005 Edition, as amended) is amended to read as follows:
"Section 25-5-8. Other regulations.
(a) There may be more than one single-family dwelling on each building site in an RS district
provided there is not less than the required minimum building site area for each dwelling.
(b) One guest house, in addition to a single-family dwelling, may be located on any building
site in the RS district.
(c) An ohana dwelling may be located on any building site in the RS district, as permitted under
article 6, division 3 of this chapter.
(d) If a legal building site in the RS district has less area or average width than is required, then
the yard requirements for the building site shall be the same as in the RS district having the
largest requirements for which the building site can comply.
(e) Exceptions to the regulations for the RS district regarding heights, building site areas,
building site average widths and yards, may be approved by the [direeter] commission
within a planned unit development, or by the director within a cluster plan development."
SECTION 4. The following sections of chapter 25, article 5 of the Hawaii County
Code 1983 (2005 Edition, as amended) are amended by replacing every reference to "director"
with "commission":
Section 25-5-27, subsection (d);
Section 25-5-38, subsection (d);
Section 25-5-49, subsection (d);
Section 25-5-57, subsection (d);
Section 25-5-67, subsection (e);
Section 25-5-77, subsection (e);
Section 25-5-87, subsection (d);
Section 25-5-98, subsection (d);
Section 25-5-108, subsection (c);
Section 25-5-118, subsection (b);
Section 25-5-128, subsection (b);
Section 25-5-138, subsection (b);
Section 25-5-147, subsection (d); and
Section 25-5-157, subsection (d).
I
SECTION 5. 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 6. 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 ellect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 7. This ordinance shall not apply to any P.U.D. permit application submitted
and deemed to be complete by the planning director prior to the effective date of this ordinance.
SECTION 8. This ordinance shall take effect upon its approval.
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 152.1
INTRODUCED BY:
0
COUNCIL MEMBER, COL OF HAWAII
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