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HomeMy WebLinkAboutCommunication No. 2026-03 BIL 125 Draft 01 2024-2026COUNTY OF HAWAI`I ORDINANCE NO. STATE OF HAWAI`I BILL NO. 125 AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 7, DIVISION 4, OF THE HAWAYI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE PAHOA VILLAGE DESIGN DISTRICT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAVI: SECTION 1. Chapter 25, article 7, division 4, section 25-7-40, of the Hawaii County Code 1983 (2016 Edition, as amended) is amended to read as follows: Section 25-7-40. Purpose and applicability; boundaries. a) The PVD (Pahoa Village Design) District is established to [feinferee]: 1) Reinforce and promote Pahoa's role as a regional town center while retaining its rural village feel and identity[ The «..-..ese ofthe regional town eemer iq to seizve as; 2) Support a diversity of land uses consistent with a compact medium density area [fer], including 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[. Fuff-e- the FVD dist_iet seeks to preset ], and 3) Preserve the historical Hawaii plantation architectural [theme] style that has come to symbolize Pahoa's unique sense of place and identity[, through implementation of design guidelinesy.4th in the DVrI b) The PVD district, as used in this chapter, means the area [delineated provided in the Pahea Village Design Guidelines (hereinafter "design guidelines") and furthe described as: 1) All parcels having frontage 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 frontage 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: 1-5-007:012 and 1-5-007:080; 4) All parcels having frontage on Kahakai Boulevard, including any extensions of Kahakai Boulevard up to the parcel identified by tax map key number 1- 5-008:001, west of Pahoa Bypass Road; 5) Parcels identified by tax map key numbers: 1-5-005:024, 1-5-006:037, 1- 5-006:015,1-5-003:037 and 1-5-003:046; and Communication No. 2026-03 6) All parcels any part of which are designated medium density urban in Exhibit A of Ordinance No. 12-89 amending the general plan land use pattern allocation guide (LUPAG) map, [ : except: A) That portion oftax map key no: 1-5-002:020 [that -is] not designated medium density urban in Exhibit A of Ordinance No. 12-89; and B) Parcels identified by tax map key numbers: 1-5-001:003 and 1-5-008:001." SECTION 2. Chapter 25, article 7, division 4, section 25-7-41, of the Hawaii County Code 1983 (2016 Edition, as amended) is amended to read as follows: Section 25-741. Design guidelines; intent; adoption; applicability. a) [The intent of the Pdhe , Village Design Guidelines (hereinafter "design guidelines""sto] Any design guidelines applicable to the PVD district: 1) Shall be known and may be cited as the "Pahoa Village Design Guidelines": 2) Shall be adopted and subject to amendment by resolution: and 3 Shall articulate primary architectural features and building design characteristics that have historically been identified as the Hawaii plantation architectural style or theme. b) [Design shall be adffiinist, fed by he .,:Feet,.-] The director shall administer, implement, and enforce the Pahoa Village Design Guidelines after giving due consideration to the recommendations of the Pahoa design review committee [having c) [While All buildings and structures, including renovations or alterations to existing ones, within the PVD districtC. exeeot as otherwise speeified in section 25 7 42(d) ,.,.1,.wd shall be designed [to -be] in a manner consistent with the [design guidelines and to be 1^,. ent^«y with the existing st_uet.._,.. ] Pahoa Village Design Guidelines." SECTION 3. Chapter 25, article 7, division 4, section 25-7-42, of the Hawaii County Code 1983 (2016 Edition, as amended) is amended to read as follows: Section 25-7-42. Pahoa design review committee; purpose; procedures. a) The purpose of the Pahoa design review committee [(hereinafter "eenni i#eeL`] is to provide [an appeftunity fernt for eensistefley with the design guidelines, on plans r -] local oversight and ensure that all [new] buildings and [structures as well as alto.....s te 4ha eiaerier of existing buildings and structures] exterior alterations within the PVD district[.] comply with the Pahoa Village Design Guidelines. b) Upen request frafn the direeter, the Puna Community Develepmet4 Plan Aetie* AG) shall id ntify a reeemmend efie er mere apprepr:ate 2 eammittee and p .id:... any nesessat3, administrative n e.w that may he feglired:] The Puna community development plan action committee shall invite one or more appropriate Pahoa-based community organizations to form and provide administrative support for the Pahoa design review committee. Committee membership should reflect a broad [cress sesHec3] cross-section of the Pahoa regional town center [seFviee area and to the e.,tent ..,......... a I" ih le ^hall Rrylbiteet4ire and de, ign ], with efforts to include professionals from the construction, small business, architecture and design industries. The Puna community development plan action committee shall verify and affirm the participation of each supporting organization and member of the committee every two years. c) [The direeter shall provide the eeffffniaee with art appeAunity to eendust aii rehiteetur-al and design review, e.. eansseney we design guideli nes, e fitwith thdi> of nIi applieatiens for plan appreval, P.U.D. or sign peFmit, exeept as provided for in subseetien (d) hele... ] The committee shall review and submit recommendations on all applications for plan approval, a P.U.D. permit, or a sign permit in accordance with section 25- 2-73, section 25-6-7, or chapter 3, article 3, of this Code, respectively. l) The eeffimittee shall eemplete its review of an), applieeAien fer plan appfeV4 stamped "Reviewed by" with the .late ands nature of the a mittee ehair to Gem the direeter. xrvrrrtrn xrcmor. 2) The 'tree hall lete its « fany applientie« F r n 12T1 Tl n..d C Tiz><rwnmrlaev acres:r-vvia xj cveozvo--ro"n'v"T'verzm. SIN Reviewedby" awith the date and signature of the e mittee ehair to the direeter within twe„ty f..o as lo.,da« da..n ofreeeipt of any plans for partial or 3) The eemmittee shun review And quhmit its iATWen resexi ;"endatiens Fill plieAe„s f r sign p «mites a pre.Tided in ehapter Z artiele 3 of this l-ada 4)1 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 presepvatie., or promotion ] the Hawaii plantation architectural theme, including, but not limited to: 1) The aenstrr,etien or installation Construction of accessory buildings or structures or minor exterior alterations to the exterior of any existing building or structure that is not visible from any street frontage of the building site; 2) [The addifien er replaeenwnfl Additions or replacements of accessory features such as flag poles, 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 replaeement of n..:sting] Replacement of doors and windows [where the provided that the new size is within ten percent of the size of the original [deeret window]. e) to p .:de preliminary revs of aonaaptual plans prior to F mal s..l,n,:ttal of detailed plans and a ppl:cation for a building permit pan approval, TT Tl opermit, D sign pewit ]Upon request of prospective applicants, the committee shall provide preliminary review and comments on draft or conceptual plans prior to submittal of an application to the director. fl [ PILD d:striot l.o..pda..:as and submit its rpworAVA on anti on C .. a«. op d«,o«ts to tl.o design guidelines and- Dim district h-ound-a.:as to the Dann AG within tan years following adoption of the design guidelines, and every tan years thereafter. eemTl. o ittee may prepare and submit to the D!`TlD n r «an,.«....anantinna for into.:«, neeessaEy.] The Pahoa design review committee or the Puna community development plan action committee shall consult with one another before recommending any amendments to the PVD Guidelines or the PVD district boundaries. Any proposed amendments, along with the recommendations of both committees, shall be forwarded through the director to the council for its consideration, subject to the authority of the director under section 25-2-43 in the case of any PVD district boundary amendment. R) Once every ten years, the Puna community development plan action committee shall invite all current and former organizations and members of the design review committee to review the Pahoa Village Design Guidelines and the PVD district boundaries and submit recommendations thereon. Any recommendation accepted by the Puna community development plan action committee shall proceed as provided in subsection (fl. ' SECTION 4. 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 5. Severability. If any provision of thisordinance, or the application thereof to any person or circumstance, is held invalid, the 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 severable. 11 SECTION 6. This ordinance shall take effect upon its approval. Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERINCE Comm. 709 IN R DUCED BY: COUNCIL MEMBER, UNTY OF HAWAI`I MIlI o i M