HomeMy WebLinkAboutORD 2015-033 2014-2016COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 281
(DRT&T 2)
ORDINANCE NO. 15 33
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 6, DIVISION I AND
ARTICLE 5 OF THE HAWAPI COUNTY CODE 1983 (2005 EDITION, AS AMENDED),
RELATING TO PLANNED UNIT DEVELOPMENT.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAPI:
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 I of the Hawaii County Code t983 (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.
Section 2.5-6-2. 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 [of variancesl 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;
(F3) 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 lamib j"ellingsl
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 [direeto
commission in accordance with chapter 9l, Hawai`i Revised Statutes.
Section 25-6-4. Notice of action on P.U.D. application.
(a) Upon acceptance of a P.U.D. application, the [directe ] commission through the
department shall fix a date for [the aifppt--'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 [direeter] 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.
[ d
the date by v hieh V FiftPo Pamments must he rPPP'vRd b' 1hp director in at 1',A two
,...._papers of te''''al circ_._._.- in the Count"at -- ---prior -- the -------
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preliRsed ]
(b) The public hearing shall be commenced no later than ninetv 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 [direeterI 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 [direete ] commission shall be
effective only when the change of zone ordinance becomes effective.
Section 25-6-6. Actions by ldireet l commission on P.U.D. permit applications.
J(m Exsept as pro, ided in section 25 6 5, the Z;;etcr shall, Nvithin sixty da�,��
time period as may be agreed to or requested by the applicant the commission shall
conduct a public hearings) and within sixty days following the close of such public
hearings) either denv or approve the application subject to conditions as imposed by the
commission.
(b) The conditions imposed by the [direeter] commission shall bear a reasonable relationship
to the P.U.D. permit issued, and to the approved uses, [p « , ' ] 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 Y.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 [ehaagesI 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; [and]
(7) The extent and limitations upon the [Nsafumeea] uses permitted[-], and
(8) Compliance with representations made by the applicant
(c) If the commission fails to render a decision within the prescribed sixty-dav period, the
application shall be considered as being approved provided that no written obi ection to
the PUD permit application is received by the commission
1(6) rhe diFeeoff HuI5�. within the sixt) day pefied after aeeeptartee of a P.U.D. permit
applioatien. grant a partial appFaval of the Fequest where all plans and dramings haN e not
hp,js qubmittpd with the Provided, however, building that no permit
V on on the « Y-eemmer,l.o d..,.,'«..5
..a 6y the dweeiar and hall R.U.P. «
been issued p the portien f deyel .. mesH.eempr . the « sed e etio« ]
[(d) When plans and irawiRgs are submitted after a partial appreNal ef a R.U.P. permit
applieation has been issued under subseetien (e) abw e with a request f�f further partial
request fiar f�afther partial oF full RUD. peFmit approval of !be appliefftion and i
aeeordan�� with this subsection ]
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 [directee] 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) "Phe 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.E.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. [ weds] Approvals
issued under P.U.D. permit.
(a) No separate or additional [-.n;iaiieel permit or use permit shall be required for any
[, triance„r] use approved under a P.U.D. permit, and any [ a-.,,,, mee a use approved
under a Y.U.D. permit shall be considered to be in compliance with the required
procedures for obtaining a [ -�arl< ] 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.
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.
�( 7 ecdmeni t a P.U.D. pefmit of to the eenditions
P.U.D.
y be
n finding that no ehange ha
_ the grantednce the D I i D t eed o that th
appFON a! is still valid with Fespeet te any changed eoaditiens.j
[(b) The difeeter shall aet an any Fequest for a time extension of anrendmem�-��
da)s after the Feeeipa of the request. in gfaatan)estefisieH ef amendment, the
director ffia� impose pandi6ons to meet the intern of the P I T D Peron! I
(a) APUD 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 Tess than
ninety days prior to the expiration date of the applicable time condition or conditions
setting forth:
(1) The affected condition or conditions;
(2) The length of time requested; and
commission specifically disallows the activity during the interim period.
(c) In the case of additions modifications. and/or deletions of conditions of the P.t1.D.
permit, the P.U.D. permit holder shall set forth in writing:
(I) The affected condition or conditions;
(2) The specific amendment or amendments requested; and
(3) The reasons for the request.
(d) Anv 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
commission.
Section 25-6-15. Appeals.
[(a) if the dif dde P.U.P.� pe�it, such decision is ignal wkeept that Lithia ihifty days
aftef the da4e 4the written deeisien, the appliesurt may appeal such action to the beard o
puFstrandt to the rules of praetiee �d pfeeedure of the beard of appeals,.1
.. appeals,
[(b) An aggFieved by the decision of the d'.e..Ia in the issilienee 4a P.W.P. p ri!
decision nia), appeal the dif stor's action to th� board of fttspeaisin accordance with this
hapten ithin thif4) days after the date of the director',.written de,.ision l
Anv decision of the commission so made within the context of this larticle shall be
appealable to the Third Circuit Court."
SECTION 3. Chapter 25, article 5, division 1, section 25-5-8 of the I Iawai`i 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 [director] 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 I lawari 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).
6
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 effect 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 R. This ordinance shall lake effect upon its approval.
Hilo , Hawai'i
Date of Introduction: February 18, 2015
Dale of I st Reading: February 18, 2015
Date of 2nd Reading: March 4, 2015
Effective Date: March 23, 2015
REFERENCE Comm. 152.1
INTRODUCED BY:
COUNCIL MEMBER. CO OF IIAWAl'I
7
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS'
OFFICE OF THE COUNTY CLERK COUNTY CLERK
County of Ilawai`i COUNTY OF HAWAII
Hilo. Hawaii 2915 NAR 24 AM II: 07
Karen Eoff
February 18, 2015
February 18, 2015
N/A
Second Reading: March 4, 2015
To Mayor: March 12, 2015
Returned:
March
24,
2015
Effective:
March
23,
2015
Published:
April
4.
2015
REMARKS:
ROLL CALL VOTE
AYES
NOES
ABS
EX
Chung
X
David
X
Eoff
X
Ilagan
X
Kanuha
X
Onishi
X
Paleka
X
Poindexter
X
Wille
X
9
0
0
0
(Draft 2)
ROLL CALL VOTE
AYES
NOES
ABS
EX
Chung
X
David
X
Eoff
X
Ilagan
X
Kanuha
X
Onishi
X
Paleka
X
Poindexter
X
Wille
X
9
0
0
0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
�q(,�q7� CO UN [L CHAIRPERSON
Approv tsapproved (his "`� day
o , 20 C NTY CLERK
--
Bill No. 281 (Draft 2) (2012-2014)
MAYOR, COUNTY OF HAWAII
Reference: C-152.1
Ord No.: 4 .i 33