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Home My WebLink AboutORD 2015-044 2014-2016COUNTY OF HAWAII STATE OF HAWAII BILL NO. 282 ORDINANCE NO. 15 44 AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 3, SECTION 25-3-2, ARTICLE 4, SECTION 25-4-59.2, AND ARTICLE 7 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE ESTABLISHMENT OF A SPECIAL DISTRICT TO BE KNOWN AS THE PAHOA VILLAGE DESIGN DISTRICT TO INCLUDE ADOPTED DESIGN GUIDELINES AND A DESIGN REVIEW COMMITTEE, AND PROVIDING AN EXCEPTION TO OFF-STREET PARKING AND LOADING REQUIREMENTS FOR SAID SPECIAL DISTRICT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose and Findings. The Council finds that the village of Pahoa is identified in the Puna Community Development Plan (PCDP) 2008, as amended, as one of three regional town centers intended to provide a wide range of services for the Puna district. The PCDP further identifies Pahoa as one of two towns in Puna with the greatest potential for designation as a Special Design District and that land uses, design themes and architectural and site design standards for each village/town center will be determined through the preparation of a regional town center or village center plan under an inclusive community based process that involves major stakeholders, including landowners, community representatives, and public agencies. The Pahoa Regional Town Center Plan Steering Committee consisting of community leaders and interested stakeholders in the Pahoa community formed in October 2011 with the idea of developing a growth management plan and design guidelines for Pahoa Village. This steering committee was recognized as a subcommittee of the Puna CDP Action Committee on February 14, 2012. The Zoning Code docs not adequately provide for growth and development within Pahoa Village that is consistent with the values and vision of the residents and businesses within the Pahoa Regional Town Center service area. Most specifically, building design guidelines and/or standards and a process for implementing those guidelines and/or standards are necessary to not only ensure that the sense of place that residents and visitors alike identify with Pahoa is retained, but also to promote an identity that will be conducive to a healthy, economically viable and sustainable community. Therefore, the purpose of this ordinance is to establish a special district to be known as the Pahoa Village Design ("PVD") district, and to provide distinct requirements Off -Street Parking and Loading in the PVD district. SECTION 2. Chapter 25, article 3, section 25-3-2 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 25-3-2. Designation of special districts. The special zoning districts of the County shall consist of the following: (1) Kailua Village design commission (article 7, division 1). (2) CDH, Downtown Hilo commercial district (article 7, division 2). (3) [^--t`-----' st,14F__e ai"m-'-] UNV University district (article 7, division 3). (4) PD, Project districts (article 6, division 4). (5) APD, Agricultural project districts (article 6, division 5). (6) PVD Pahoa Village Design district (article 7, division SECTION 3. Chapter 25, article 4, division 5, section 25-4-59.2 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 25-4-59.2. Exceptions to the off-street parking and loading requirements. The off-street parking and loading requirements of this chapter shall not apply to the following: (a) Non-residential uses located within that area in the City of Hilo, bounded by KinoCole Street, Ponahawai Street, and an imaginary straight line extension of Ponahawai Street into Hilo Bay and Wailuku River. (b) Dwelling units with a maximum density of one thousand square feet of land area per unit or less, within that area in the City of Hilo, bounded by Kinoole Street, Ponahawai Street, and an imaginary straight line extension of Ponahawai Street into Hilo Bay and Wailuku River. (c) That area immediately fronting either side of that portion of the Hawaii Belt Highway which runs from the real property designated as tax map key no: 7-9-7-66 to the real property designated as tax map key no: 7-9-9:22, in Kainaliu, North Kona. (d) Those lots in the PVD district having a total area of less than seven thousand five hundred square feet and that have frontage on Pahoa Village Road between Post Office Road and the eastern intersection of Akeakamai Loop and Pahoa Village Road; provided that any lot created through parcel consolidation does not result in a lot having a total area of seven thousand five hundred square feet or more, or a parcel consolidation and resubdivision that results in the creation of additional building sites after this ordinance takes effect, shall provide off-street parking in accordance with the requirements of this chapter." SECTION 4. Chapter 25, article 7 of the Hawaii County Code 1983 (2005 Edition), is amended by adding a new division to be appropriately designated and to read as follows: "Division . PVD. Mon Village Desian District. Section 25-7- . Purpose and applicability: boundaries. (a) The PVD (Pahoa Village Desicnl district is established to reinforce and promote Pahoa's role as a regional town center while retaining its rural village feel and identity. The puroose of the regional town center is to serve as a compact medium density area for retail shopping, administrative and professional activities, cultural and artistic activities, other supportive business activities, and a mix of residential uses capable of serving both village residents and the ever more populous surrounding subdivisions. Further. the PVD district seeks to preserve the historical architectural theme that has come to symbolize Pahoa's unique sense of place and identity, through the implementation of design guidelines within the PVD district. (b) The PVD district as used in this chapter, means the area delineated on the map as provided in the Pahoa Village Design Guidelines (hereinafter "design guidelines") and further described as: (1) All parcels havin tg rontage on Pahoa Village Road from the Pahoa Village Road and Kea-au-Pahoa Road intersection and the Pahoa Village Road and Pahoa-Kalapana Road intersection: (2) All parcels having frontape on Post Office Road between Pahoa Bypass Road and Pahoa Village Road; (3) All parcels having frontage on the west side of Kea-au-Pahoa Road between and inclusive of tax map key numbers: 1-5-07:012 and 1-5-07:080' (4) All parcels having frontage on Kahakai Boulevard, including any extensions of Kahakai Boulevard up to the parcel identified by tax map kev number 1-5-008:001 west of Pahoa Bypass Road: (4) Parcels identified by tax map key numbers' 1-5-005:024, 1-5-06:037, 1-5-06:015, 1-5- 003:037 and 1-5-03:046 and (A) That portion of tax map key no: 1-5-02:020 that is not designated medium density urban in Exhibit A of Ordinance 12-89; and (B) Parcels identified by tax map kev numbers: 1-5-01:003 and 1-5-08:001. Section 25-7- . Design guidelines: intent: adoption; applicability. (a) The intent of the Pahoa Village Design Guidelines (hereinafter "design euidelines") is to administered by the director after giving due consideration to the recommendations of the Pahoa design review committee having been established in accordance with section 25-2-72 of this chapter. (c) While no specific minimum number of the architectural features in the design guidelines shall be required for any proposed proiect, all buildings and structures within the PVD district, except m otherwise specified in section 25-7- (d) below, shall be designed to be consistent with the design guidelines and to be complementary with the existing structures. Section 25-7- . Pahoa design review committee: purpose: Drocedures. (a) The purpose of the Pahoa design review committee (hereinafter "committee') is to provide an opportunity for local review and comment for consistency with the design guidelines on plans for all new buildings and structures as well as alterations to the exterior of existing buildings and stmetures within the PVD district. (b) Upon request from the director, the Puna Community Development Plan Action Committee (PCDP AC) shall identify and recommend one or more appropriate Pahoa based community organizations that will be responsible for establishing the committee and providing any necessary administrative support that may be required Committee membership should reflect a broad cross section of the Pahoa regional town center service area and, to the extent reasonably possible shall include representation from the construction industry, local businesses, and architecture and design professionals. (e) The director shall provide the committee with an opportunity to conduct an architectural and desi® review for consistency with the design guidelines, of all applications for olan "Reviewed by" with the date and signature of the committee chair to the director within twenty-five calendar days of receipt of such anPlication from the director. (2) The committee shall complete its review of any application for a P.U.D. and submit its written recommendations alone with the reviewed plans stamped "Reviewed by" with the date and signature of the committee chair to the director within twenty-five calendar days of receipt of any plans for partial or final full approval from the director. (3) The committee shall review and submit its written recommendations on applications for sign nermits as provided in chanter 3, article of this Code. (4) Committee recommendations to the director shall be consistent with the provisions of the County Charter, general plan, Puna community development plan, Pahoa Village Design Guidelines zoning and other related ordinances and any master plan adopted for the PVD district. (d) The director may waive the requirement for architectural and design review by the committee when the proposed improvements will clearly have little or no visual impact on the Preservation or promotion of the Hawaii plantation architectural theme including, but not limited to: (1) The construction or installation of accessory buildings or structures or minor alterations to the exterior of any existing building or structure that is not visible from any street frontage of the building site; (2) The addition or replacement of accessory features such m flagpoles, roof gutters and downspouts railings and fencing of similar size style and material or that more closely conforms to the design guidelines: (3) Painting or repainting of the exterior of any building structure or accessory feature that is consistent with the design guidelines; or (4) The replacement of existing doors and windows where the size of the replacement door or window is within ten percent of the size of the original door or window. (e) In order to assist applicants with designing proiects that satisfactorily conform to the design guidelines the committee shall also develop a process for and be available to provide preliminary review of conceptual plans prior to formal submittal of detailed plans and an application for a building permit. plan approval P.U.D or sign permit. (f) The committee shall conduct a comprehensive review of the design guidelines and PVD district boundaries and submit its recommendations for amendments to the design guidelines and PVD district boundaries to the PCDP AC within ten vears following adoption of the design guidelines and every ten years thereafter. The committee may prepare and submit to the PCDP AC recommendations for interim amendments to the design guidelines and PVD district boundaries as it deems necessary." SECTION 5. Material to be repealed is bracketed and stricken. Material to be added 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 does 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 to be severable. SECTION 7. This ordinance shall take effect upon its approval. INTRODUCED BY: CO CI EMBER, COUNTY OF HAWAII Hilo , Hawai`i Date of Introduction: March 4, 2015 Date of 1st Reading: March 4, 2015 Date of 2nd Reading: May 6, 2015 Effective Date: May 28, 2015 REFERENCE Comm. 1027 OFFICE OP TI IE COLRVTY CLERK County of Hawaii IIiIo. Hawaii Imroducctl By: Zendo Kern (B/R) Date Introduced: March 4, 2015 First Reading: March 4, 2015 Published: March 14, 2015 REMARKS: Second Reading'. May, 6, 2015 To Mayor: May 14, 2015 Returned: May 28 ,2015 Effective. May 28, 2015 Published'. June 6, 2015 REMARKSMarch 18, 2015 - Postponed;_ April 1, 2015 - Postponed; April 15, 2015 - Postponed COUNTYCLERK COUNTY OF HAWAII RECEIVED Tupn Y: 18e BY� ROLL CALL VOTE AYES NOES ABS : EX Chung X David X -- Eoff X (lagan X Kanuha X X Onishi X Paleka X Poindexter _ X Paleka X Wille X 9 0 0 0 ROLE CALL VOTE AYES NOES ABS EX Chung X David X Eoff . X Ilagan X Kanuha X . Onishi X Paleka X Poindexter ~Wille X X 8 0 1 -0— I I DO HEREBY CERTIFYthat the foregoing RILL was adopted by the County Council published as indicated above. Approve Disapproved [his 7 du}' o/ 41 20 15 ,Z- I—MAYOR, (.'OUNTY OF HA WAIY Bill No. 282 (2012-2014) Reference: C-1027 /PC -6 Ord No.: 15 44