HomeMy WebLinkAboutCCI - Bill 126COUNTY COUNCIL INITIATED
BILL 126 RELATING TO SPECIAL DISTRICTS
AMENDMENT TO CHAPTER 25, ARTICLES 1, 3, 4, 5 AND 7 OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED)(PL-CCI-2026-000015)
PRESENTED AT THE MAY 6, 2026 WINDWARD PLANNING COMMISSION HEARING
▪BILL 126 SEEKS TO AMEND THE ZONING CODE TO ADD, DELETE, AND AMEND ARTICLES
RELATED TO THE ESTABLISHMENT OF THE DOWNTOWN PĀHOA COMMERCIAL (DPC)
ZONING DISTRICT AS A SPECIAL DISTRICT, AS FOLLOWS:
▪ADD THE DOWNTOWN PĀHOA COMMERCIAL ZONING DISTRICT (DPC) TO THE LIST
OF SPECIAL DISTRICTS IN SECTION 25-3-2.
▪ADD DEFINITIONS FOR NEW LAND USES PERMITTED IN THE DPC: “CO-WORKING AND
INNOVATION HUB”, “CREATIVE MEDIA SPACE”, AND “CULTURAL ENTERPRISE.”
▪ADD A NEW DIVISION TO ARTICLE 7 THAT IDENTIFIES THE PURPOSE AND APPLICABILITY
OF THE DPC, IDENTIFIES 53 PERMITTED LAND USES, AND ESTABLISHES A HEIGHT LIMIT
OF 30 FEET, A MINIMUM BUILDING SITE AREA OF 7,500 SQUARE FEET, A MINIMUM
BUILDING SITE AVERAGE WIDTH OF 50 FEET, AND NO MINIMUM YARDS, EXCEPT AS
REQUIRED BY PLAN APPROVAL.
▪AMEND SECTION 25-4-59.2 BY DELETING CURRENT PARKING REQUIREMENTS AND
ADDING THAT PROPERTIES IN THE DPC DO NOT REQUIRE OFF-STREET PARKING AND
LOADING, EXCEPT AS REQUIRED BY PLAN APPROVAL.
COUNTY COUNCIL’S REQUEST
▪ACCORDING TO THE BILL’S INTRODUCER, THE PURPOSE OF BILL 126 IS TO
ESTABLISH THE DPC ZONING DISTRICT, WITH THE FOLLOWING GOALS:
▪ENCOURAGE A DYNAMIC TOWN WHERE ENVIRONMENT, CULTURE,
COMMERCE, AND COMMUNITY COEXIST HARMONIOUSLY.
▪SUPPORT DIVERSE ECONOMIC DEVELOPMENT, WITH AN EMPHASIS ON
LOCALLY OWNED BUSINESSES.
▪CELEBRATE THE HISTORICAL AND CULTURAL HERITAGE OF PĀHOA IN
ALIGNMENT WITH APPLICABLE DESIGN GUIDELINES OF THE PĀHOA
VILLAGE DESIGN (PVD) DISTRICT.
REASON FOR REQUEST
▪GOALS (CONTINUED):
▪ENHANCE THE QUALITY OF LIFE OF RESIDENTS AND VISITOR
EXPERIENCES THROUGH IMPROVED INFRASTRUCTURE AND AMENITIES.
▪PROVIDE OPPORTUNITIES FOR RECREATION, DINING, CULTURAL
PRACTICES, CREATIVE ACTIVITIES, EDUCATION, BUSINESS AND
COMMERCIAL SERVICES, AND COMMUNITY PROGRAMS IN A SAFE
AND WALKABLE ENVIRONMENT.
▪PROMOTE HOUSING AVAILABILITY AND COMMUNITY-DRIVEN
ECONOMIC GROWTH THROUGH MIXED RESIDENTIAL-COMMERCIAL
DEVELOPMENT.
REASON FOR REQUEST
▪PERMITTED LAND USES IN THE DPC ZONING DISTRICT:
▪INCLUDES 22 PERMITTED LAND USES THAT ARE NOT CURRENTLY PERMITTED IN THE
RS AND CV ZONING DISTRICTS.
▪DOES NOT INCLUDE 18 LAND USES CURRENTLY PERMITTED IN THE CV DISTRICT
AND 8 CURRENTLY PERMITTED IN THE RS DISTRICT.
▪12 LAND USES IN THE CV DISTRICT AND 1 IN THE RS DISTRICT WILL BE MODIFIED
BUT INCLUDED AS PERMITTED USES IN THE DPC DISTRICT.
▪THERE IS NO PROVISION FOR USE PERMITS IN THE DPC DISTRICT, TO ADDRESS
USES NOT INCLUDED IN THE LIST OF PERMITTED USES.
▪HEIGHT LIMIT:
▪30 FT, MATCHING THAT IN THE CV DISTRICT AND LESS THAN THE 35-FT HEIGHT
LIMIT IN THE RS DISTRICT.
BILL 126 IMPACT ANALYSIS
▪MINIMUM BUILDING SITE AREA:
▪7,500 SQUARE FEET, SAME AS CURRENTLY REQUIRED IN RS AND CV DISTRICTS.
▪MINIMUM BUILDING SITE AVERAGE WIDTH:
▪50 FEET, SMALLER THAN THE MINIMUM OF 60 FEET IN RS AND CV DISTRICTS.
▪MINIMUM YARDS:
▪MATCHES THE COMMERCIAL DOWNTOWN HILO (CDH) DISTRICT, WITH NO FRONT,
REAR OR SIDE YARD REQUIREMENTS, EXCEPT AS REQUIRED BY PLAN APPROVAL.
▪PARKING:
▪NO REQUIREMENT FOR OFF-STREET PARKING AND LOADING FOR ANY PROPERTY
WHOLLY WITHIN THE DPC DISTRICT, EXCEPT AS MAY BE REQUIRED BY PLAN
APPROVAL. THE BILL’S INTRODUCER HAS SUGGESTED ESTABLISHING AN ALTERNATIVE
PARKING AREA, POTENTIALLY AT THE COUNTY RECREATION CENTER, FOR USE BY
EMPLOYEES AND PATRONS OF PĀHOA BUSINESSES.
BILL 126 IMPACT ANALYSIS
▪TO EXPLAIN THE PROCESS FOR INTERESTED PROPERTY OWNERS TO OPT-IN TO THE DPC
ZONING DISTRICT, THE DIRECTOR PROPOSES ADDING THE FOLLOWING LANGUAGE, TO BE
INSERTED IN THE APPROPRIATE SECTION OF BILL 126:
▪APPLICATION OF THE DPC ZONING DISTRICT SHALL BE VOLUNTARY AND ACTIVATED
ONLY UPON THE PROPERTY OWNER’S WRITTEN ELECTION. UPON RECEIPT OF THE
ELECTION, THE DIRECTOR OF PLANNING SHALL VERIFY OWNERSHIP AND
ADMINISTRATIVELY APPLY THE DPC ZONING DISTRICT TO THE SUBJECT PARCEL
WITHOUT THE NEED FOR FURTHER LEGISLATIVE ACTION. UNTIL SUCH A TIME AS THE
PROPERTY OWNER ELECTS TO CHANGE THE ZONING DISTRICT TO THE DPC ZONING
DISTRICT, THE PROPERTY SHALL REMAIN SUBJECT TO ITS UNDERLYING ZONING
CLASSIFICATION AND REGULATIONS. PROPERTY OWNERS MAY REQUEST A CHANGE
OF ZONE TO THE DPC DISTRICT DESIGNATION AT ANY TIME.
▪UPON THE EFFECTIVE DATE OF A DPC ELECTION, EXISTING USES AND STRUCTURES
THAT CONFORM TO DPC STANDARDS ARE DEEMED CONFORMING, AND EXISTING
USES AND STRUCTURES THAT DO NOT CONFORM TO DPC STANDARDS ARE DEEMED
LEGAL NONCONFORMING USES AND STRUCTURES.
PROPOSED AMENDMENTS
▪ADDITIONALLY, TO CLARIFY REQUIREMENTS FOR PLAN APPROVAL, THE DIRECTOR
RECOMMENDS ADDING THE FOLLOWING STATEMENT TO BILL 126 TO REQUIRE
PLAN APPROVAL FOR NEW STRUCTURES AND ADDITIONS ON PARCELS WITHIN THE
DPC DISTRICT:
▪SECTION 25-7- OTHER REGULATIONS.
PLAN APPROVAL IS REQUIRED FOR ALL NEW STRUCTURES AND ADDITIONS TO
EXISTING STRUCTURES IN THE DPC DISTRICT, EXCEPT FOR CONSTRUCTION OF
ONE SINGLE-FAMILY DWELLING AND ANY ACCESSORY BUILDINGS PER LOT.
PROPOSED AMENDMENTS
DIRECTOR’S RECOMMENDATION
PROVIDE A FAVORABLE
RECOMMENDATION OF BILL
126 TO THE COUNTY COUNCIL
INCLUDING PROPOSED LANGUAGE
OUTLINED IN THE PLANNING
DIRECTOR’S RECOMMENDATION.
▪THE WINDWARD PLANNING COMMISSION (WPC) IS REQUIRED TO
TAKE ACTION ON BILL 126 BY TRANSMITTING THEIR
RECOMMENDATION TO THE COUNCIL BY JUNE 4, 2026.
▪THE WPC SHALL RECOMMEND APPROVAL IN WHOLE OR IN PART,
WITH OR WITHOUT MODIFICATIONS, OR REJECTION OF THE PROPOSED
BILL, AND THE RECOMMENDATION WILL BE FORWARDED TO THE
COUNTY COUNCIL FOR THEIR CONSIDERATION AND DECISION.
▪IN THE EVENT THE WPC FAILS TO ACT ON THE PROPOSED BILL BY THIS
DATE, SUCH INACTION SHALL BE CONSIDERED AS AN UNFAVORABLE
RECOMMENDATION BY THE WPC.
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