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HomeMy WebLinkAboutOrdinance 07-036COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 231 (Draft 2) 07 36 AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, RELATING TO A SCENIC CORRIDOR PROGRAM. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 25, Article 6, Hawaii County Code, is hereby amended by adding a new division that shall read as follows: "Division 6. Scenic Corridor Program. Section 25 -6 -60. Purpose and applicability. In the County of Hawaii, there are certain segments of public roads, or portions thereof, that expose traveling residents and visitors to notable and/or unique resources. As established by the National and/or State Scenic Byways Program, the identification of these portions of public roads as Scenic Corridors is intended to provide for the enhancement of important scenic, historic, recreational, cultural and/or natural resources accessed from such a transportation corridor. This planning approach establishes the opportunity for continuity and/or enhancement of land uses and designs for natural, cultural, historic, recreational and/or scenic resources located along a transportation corridor and provides a diversity of regulatory and non - regulatory tools and techniques to apply to a variety of circumstances for a corridor identified by ordinance as a Scenic Corridor in the County of Hawaii. The Hawaii County council may, by ordinance, establish all or portions of public roadways and an appropriate portion of the adjacent property as a Scenic Corridor. Within such an area, all permitted uses defined by the underlying zoning classification will remain in place unless otherwise specified by the Scenic Corridor enabling ordinance. Any standards and conditions not included in the underlying zoning related, but not limited, to signage, lighting, design standards, access management, landscaping, parking, height, historic and cultural preservation, view planes, and/or setbacks must be included as part of the Scenic Corridor Management Plan and adopted by Scenic Corridor enabling ordinance by the County council. The Scenic Corridor Management Plan must demonstrate the need for the adoption of special standards and conditions in order to preserve, maintain, protect, or enhance the intrinsic character of the corridor consistent with the purposes of this Chapter. Section 25 -6 -61. Criteria for establishing a Scenic Corridor. A Scenic Corridor may be adopted as an amendment to this chapter whenever the public necessity, convenience, general welfare, and/or the public trust require that a comprehensive planning approach for a transportation corridor be adopted in order to establish continuity in land uses while providing the required infrastructural facilities and systems. A Scenic Corridor may only be established if the proposed district meets the following criteria: (1) Is consistent with the intent and purpose of this chapter and the County General Plan. (2) Will not result in a substantial adverse impact upon the surrounding area, community and/or region. (3) Will enhance Hawaii County's significant natural, visual, recreation, historic and/or cultural qualities. (4) Will protect and enhance the attractiveness of Hawaii County to make it a better place to live, work, visit, and/or play. (5) Will improve Hawaii County's economic vitality by enhancing and protecting our unique natural, scenic, historic, cultural, and/or recreational resources. (6) Is located on a major or minor arterial highway, or collector road. (7) Significantly possesses at least one of the following intrinsic qualities: (A) Scenic; (B) Natural; (C) Historic; (D) Cultural; (E) Archaeological; (F) Recreational; or (G) Demonstrates local, private, and public support and participation. Section 25 -6 -62. Permitted uses. Within a Scenic Corridor all Zoning Code regulations applicable to the zoning district or districts in question remain in effect unless differing regulations are contained within the Corridor Management Plan as adopted by ordinance, in which case the Corridor Management Plan shall apply. Section 25 -6 -63. Initiation of a Scenic Corridor; requirements. (a) The director or council by resolution must initiate the establishment of a Scenic Corridor. The resolution must demonstrate that the proposed Scenic Corridor meets the requirements of 25 -6 -61. The resolution must include: (1) A description and general location of the proposed corridor. (2) The length of the section of road to be included in the Scenic Corridor. (3) A description of the Corridor's intrinsic quality or qualities. (4) A list of names, addresses and tax map key numbers for those property owners and lessees of record of lots within three hundred feet of the public road being proposed to be designated as a Scenic Corridor. (5) Any other plans or information required by rules adopted by the director in accordance with chapter 91 of the Hawaii Revised Statutes. (b) Within thirty days of the adoption by the council of the resolution, the director shall serve notice of the proposed Scenic Corridor upon all owners and lessees of lots, and utility companies with easements and/or other property rights, whose properties are either (1) within the proposed Scenic Corridor, or (2) within three hundred feet of the boundaries of the proposed Scenic Corridor. The notice shall give a general description of the Scenic Corridor and describe the opportunity for public comment. (c) Corridor Management Plan. Within twenty -four months after the adoption of the resolution, the director shall complete a Corridor Management Plan and enabling ordinance, which will be forwarded to the Planning Commission for its recommendation to the Hawaii County council. A Scenic Corridor Management Plan is a written document that assesses the intrinsic qualities of the corridor and specifies actions, procedures, controls, and administrative as well as community strategies that will be pursued to maintain those qualities. Special conditions and standards developed for an individual Scenic Corridor shall be included as part of the enabling ordinance. Elements of the Corridor Management Plan will include: (1) Vision and Goals Statement. (2) A map identifying Scenic Corridor boundaries and the location of intrinsic qualities and different land uses within the Scenic Corridor (3) (4) (5) social impacts. (6) Corridor. (7) (8) (9) the planning process. (10) An assessment of such intrinsic qualities and their context. An assessment of needs and expectations. An assessment of anticipated transportation, economic, environmental and Strategies for economic development and marketing of the Scenic Strategies for maintaining and enhancing the Corridor's intrinsic qualities. Strategies for community participation. Identification of organizations, agencies and individuals to be consulted in Identification of regulatory and non - regulatory tools recommended that could aid in the implementation of the Scenic Corridor Management Plan. The evaluation and selection of tools needed to protect and /or enhance the corridor should be based on the following criteria: (A) The ability to insure that new development is consistent with the conditions and standards established for the Scenic Corridor, while maintaining the property owners rights to reasonable use of the property; (B) The ability to provide the appropriate degree of development and aesthetic control needed to preserve and enhance quality of the corridor; and (C) The ability to provide flexible, diverse and suitable regulatory and non - regulatory tools and techniques to a variety of circumstances. (11) Specific time schedules for plan implementation. (12) Standards for building design, signage, and roadway elements. In the case where the transportation corridor has not been built, the Corridor Management Plan may include special design standards for the corridor development. (13) Methods for interpreting and protecting significant resources. (14) Identification of potential funding sources. (15) Provisions for termination of the Corridor Management Plan if it is not implemented. (d) The director shall forward the Corridor Management Plan and a proposed Scenic Corridor enabling ordinance to the planning commission together with the director's recommendation on the proposed Scenic Corridor. The purpose of the Scenic Corridor enabling ordinance is to establish the Scenic Corridor as well as any conditions and/or standards recommended by the Corridor Management Plan that may differ from those within the underlying zoning. Any conditions and /or standards that differ from the underlying zoning must be defined through the use of a table that illustrates how standards and/or conditions in the enabling ordinance differ from those within the underlying zoning. (e) The commission shall review the Scenic Corridor enabling ordinance and the Corridor Management Plan and forward its recommendation to the council through the mayor for the council's consideration and action. (1) In reviewing the Corridor Management Plan, the commission shall hold at least one public hearing in the council district in which the proposed Scenic Corridor is located. (2) Within ten days after receiving notice of the date of the public hearing, the director shall serve notice of the public hearing on owners, and lessees of record, and utility companies with easements or other property interests, whose properties are within the proposed Scenic Corridor, or within three hundred feet of the boundaries of the proposed Scenic Corridor. The notice shall otherwise conform to sec. 25- 2 -4(c) and (d). (3) Within one hundred twenty days after receipt of the Corridor Management Plan from the director, the commission shall transmit the proposed Scenic Corridor ordinance and Corridor Management Plan together with its recommendation thereon through the mayor to the council. If no recommendation is made within 120 days, the Scenic Corridor Management Plan and enabling ordinance shall be forwarded to the council with no recommendation. Section 25 -6 -64. Corridor Advocacy Groups. (a) A corridor advocacy group is a non -profit community -based organization formed to promote, plan, or otherwise support a scenic corridor or corridors. (b) The council may designate, by resolution, an official corridor advocacy group for a scenic corridor, or proposed scenic corridor. (c) The council may delegate the preparation of the Corridor Management Plan to the officially - designated corridor advocacy group. In that case, the corridor advocacy group shall provide the notices required under sec. 25- 6 -63(b) and prepare a Corridor Management Plan conforming to sec. 25- 6- 63(c). The director shall prepare an enabling ordinance and the procedure shall thereafter follow sec. 25- 6 -63(d) and (e). Section 25 -6 -65. Conditions and standards imposed on a Scenic Corridor. (a) The council may impose conditions on the use of the property directly adjacent to the transportation corridor provided that the council finds that the conditions are: (1) Necessary to prevent circumstances which may be adverse to public health, safety and welfare, (2) Reasonably conceived to fulfill needs directly emanating from the land uses proposed with respect to protection of the public from the deleterious effects of the proposed uses, or fulfillment of the need for the public service demands created by the proposed uses and (3) Necessary to protect, preserve, and enhance the environmental, historic, cultural, scenic, archaeological, and/or recreational resources and intrinsic qualities identified within the Scenic Corridor. (b) In addition to the conditions in subsection (a), the council shall include conditions and standards as part of the proposed Scenic Corridor enabling ordinance needed to implement the intent of the Corridor Management Plan. Section 25 -6 -66. Review and approval of applications. After adoption of a Scenic Corridor enabling ordinance and Corridor Management Plan, all approvals including, but not limited to sign permits, grading and grubbing permits, building permits, and subdivision approvals shall conform to the standards and conditions contained in the Scenic Corridor enabling ordinance." SECTION 2. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are severable. SECTION 3. This ordinance shall take effect upon its approval. Hilo, Hawaii Date of Introduction: Date of I" Reading: Date of 2nd Reading; Effective Date: INTRODUCED BY: COUNCIL ME BER, COUNTY OF AI`I December 20, 2006 December 20, 2006 March 9, 2007 March 20, 2007 REFERZENCE: Comm. 24--- --1--- OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Introduced By: K. Angel Pilago Date Introduced: December 20, 2006 First Reading: December 20, 2006 Published: N/A REMARKS: January 4, 2007 - Postponed January 19, 2007 - Postponed February 7, 2007 - Postponed February 22, 2007 - Postponed Second Reading: March To Mayor: March 14, Returned: March 21, Effective: March 20, Published: March 29, REMARKS: 9, 2007 2007 2007 2007 2007 AYES NOES ABS EX Ford X Higa X V VOTE AYES NOES ABS EX Ford X Higa X Hoffmann X Ikeda X x Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 9 0 0 0 (Draft 2) ROLL CALL VOTE AYES NOES ABS EX Ford X Higa x Hoffmann x Ikeda x Jacobson x Naeole x Pilago x Yagong x Yoshimoto x 8 0 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County indicated above. � t APPROVED AS TO FORM AND LEGALITY: DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII Date 357 PT pprove Disapproved this %o4- Of. M WY(�t 20 of ACTINGMAYOR, COUNTYOFHAWAI7 COUNCIL COUNTY Bill No.: day Reference: Ord No.: published as 231(Draft 2) C- 24.4/PC -129 07 36