HomeMy WebLinkAboutPahoa Village District-Chap25 DRAFT ramsayer - final rev22Nov13.7 .14
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ORDINANCE NO.
STATE OF HAWAII
BILL NO.
AN ORDINANCE AMENDING CHAPTER 25 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 DISTRICT.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L
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 purpose of this ordinance is to establish a special district to be known as the Pahoa
Village (PV) district, and to provide distinct requirements for Plan Approval, Off - Street Parking
and Loading, and Planned Unit Developments for properties in the PV district. The Zoning
Code does 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. Building design standards and a process for implementing those
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
and sustainable community.
SECTION 2. Chapter 25, article 2, division 7, section 25 -2 -73 of the Hawaii County
Code 1983 (2005 Edition, as amended), is amended to read as follows:
"Section 25 -2 -73. [wed.] Plan approval application requirements for the Pahoa
Village district.
'a) In addition to the application reauirements for elan annroval contained in section 25 -2 -72
an application for plan approval for the construction, installation, or alteration to the
exterior appearance of an existing building or structure that is subject to the design
architectural guidelines or standards adopted by the council for the Pahoa Village district
shall include:
(1) Complete and accurate exterior elevations of all facades, drawn at a scale adequate to
show clearly the appearance of all proposed buildings and structures,
(2) A description of exterior siding, roofing, and finish materials,
(3) Exterior door and window specifications;
(4) Description, location, and renderings for any exterior signage,
(5) A streetscape rendering heproject site and adjacent properties suitable for
evaluating the immediate spatial relationships. Photographic images may be
substituted, provided those images are adequate to serve the same purpose;
(6) Other descriptive information as the director finds necessary to determine consistency
of the proposed project with the design and architectural guidelines and standards
adopted for the special district in which the project building site is located.
(b) The written recommendations and plans stamped "Reviewed by" with the date and
signature of the chair of the respective design review committee affixed shall be submitted
to the director within twenty -five calendar days of receipt by the design review committee
of the director's request for design review. By written request to the director, the chair of
the respective design review committee may request an extension of time to complete the
design review and to submit the recommendations of the design review committee, which
the director may grant only with the written approval of the applicant for plan approval.
(c) Except as otherwise provided in this section, only upon receipt by the director of the
recommendations and stamped plans by the respective design review committee shall an
application for plan approval subject to the provisions of this section be deemed complete.
(d) In the event that no design review committee is established, or if the design review
committee, for whatever reason, fails to respond within the time limit prescribed in
subsection (b), the director shall provide design and architectural review against the
relevant design guidelines and standards as adopted by the council and waive the
requirements under subsection (c)."
SECTION 3. 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) [Geet e-ina °ukene a:s ] UNV, University district (article 7, division 3).
(4) PD, Project districts (article 6, division 4).
(5) APD, Agricultural project districts (article 6, division 5).
PV, Pahoa Village district (article 7, division )."
SECTION 4. 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:
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"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 Kino`ole
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 PV 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 ;
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 5. Chapter 25, article 6, division 1, section 25 -6 -3 of the Hawaii County
Code 1983 (2005 Edition, as amended), is amended to read as follows:
"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 or variances 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[...].
any adopted community development plan, other adopted master plan, and
adopted design guidelines and standards affecting the project area.
(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;
(B) 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 - family dwellings
demonstrating the design and character of the proposed buildings and uses. If the
project area is within a design district established under article 7 of this chapter for
which design guidelines have been adopted that are applicable to single - family
dwellings, architectural drawings shall be required for all buildings including single -
family dwellings.
(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 director in accordance
with chapter 91, Hawaii Revised Statutes."
SECTION 6. Chapter 25, article 6, division 1, section 25 -6 -6 of the Hawaii County
Code 1983 (2005 Edition, as amended), is amended to read as follows:
"Section 25 -6 -6. Actions by director on P.U.D. permit applications.
(a) Except as provided in section 25 -6 -5, the director shall, within sixty days after acceptance of
a P.U.D. permit application, deny the application or approve it subject to conditions.
(b) The conditions imposed by the director shall bear a reasonable relationship to the P.U.D.
permit issued, and to the approved uses, plans, and variances of district standards; provided,
however, that no improvements or alterations off -site of the project shall be required as a
condition of a P.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 changes approved in 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 variances permitted.
(c) The director may, within the sixty -day period after acceptances of a P.U.D. permit
application, grant a partial approval of the request where all plans and drawings have not
been submitted with the original application. Provided, however, that no building permit
shall be issued, nor shall any construction on the property commence until the drawings
have been reviewed and approved by the director and full P.U.D. permit approval has been
issued for the portion of development comprising the proposed construction.
(d) When plans and drawings are submitted after a partial approval of a P.U.D. permit
application has been issued under subsection (c) above with a request for further partial
approval or full approval, the director shall review the drawings and shall either approve or
deny the request within [thy] forty -five days from the date that the drawings are filed by
the applicant. In the event of a denial of such request, the applicant may submit a revised
0
request for further partial or full P.U.D. permit approval of the application and in accordance
with this subsection
(e) If the director fails to act upon a P.U.D. permit application within the prescribed sixty -day
period as required by subsection (a) above, the application shall be considered as having
been denied and the director shall immediately inform the applicant of such denial. If the
director fails to act upon filed plans and drawings within the [thifty] forty- five -day period
required by subsection (d) above, the plans shall be considered as having been approved and
a full P.U.D. permit issued."
SECTION 7. Chapter 25, article 6, division 1, section 25 -6 -10 of the Hawaii County
Code 1983 (2005 Edition, as amended), is amended to read as follows:
"Section 25 -6 -10. Criteria for granting a P.U.D. permit.
A P.U.D. permit may be granted by the director 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[...], any adopted
community development plan, other adopted master plan, or adopted design guidelines and
standards affecting the project area.
(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.
(fl The 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 8. 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 . PV, Pahoa Village District.
Section 25 -7- . Purpose; applicability; boundaries; intent.
(a) The PV (Pahoa Village) district is established to reinforce and promote Pahoa's role as a
regional town center while retaining its rural village feel and identity. The purpose of a
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 even more populous surrounding subdivisions. Further, the PV 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 PV
district.
(b) The PV 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 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 ,
(3) All parcels having frontage with 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 with 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,
Parcels identified by tax man kev numbers: 1 -5- 005:024. 1 -5- 06:037. 1 -5- 06:015. 1 -5-
003:037 and 1 -5- 03:046, and
(5) All parcels any _part of which are designated medium density urban in Exhibit A of
Ordinance No. 12 -89 amending the ee�plan land use pattern allocation guide
(LUPAG) map, with the following exclusions:
(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) All of tax map key numbers: 1 -5- 01:003 and 1 -5- 08:001.
(c) The intent of the architectural guidelines provided in the design guidelines is to articulate
primary architectural features and building design characteristics that have historically been
identified as the Hawaii plantation architectural style or theme.
(d) While no specific minimum number of the architectural features in the design guidelines
shall be required for any proposed project, all buildings and structures within the PV district,
except as otherwise specified in section 25- 7 -_(b) below, shall be designed to be consistent
with the Hawaii plantation architectural theme and to be complementary with the existing
structures.
(e) Design guidelines adopted by resolution shall be administered by the director provided that
the director shall require design review by the Pahoa design review committee as provided
in section 25 -2 -73.
Section 25 -7- . Pahoa design review committee.
(a) The purpose of the Pahoa design review committee (hereinafter "committee ") is to provide
an architectural and design review of plans for all new buildings and structures as well as
alterations to the exterior of existing buildings and structures where existing architectural
features consistent with the design guidelines might be altered or removed, or where a
reasonable opportunity is presented to incorporate new architectural features that would
enhance consistency with the design guidelines.
(b) In order to assist applicants with designing projects that satisfactorily conform to the design
guidelines, the committee shall also develop a process for and be available to provide
preliminary review of development plans prior to formal submittal of detailed plans and an
application for plan approval.
(c) The committee shall review applications for signage within the PV district, as provided in
chapter 3, article of this Code.
(d) The committee shall provide an architectural and design review of applications requiring
plan approval by the director, except as provided for in subsection (e).
(e) 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 as 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,
or
(4) The replacement of existing doors and windows where the size of the replacement
door or window is within 10 percent of the size of the original door or window.
(fl The director shall identify and select one or more appropriate Pahoa based community
organizations that, through a Memorandum of Understanding g (MOU), will be responsible
for the appointment and management of the committee being fully able to serve the purpose
stated in subsection (a). Participants in the MOU shall include the selected Pahoa based
community organizations, the planning department and the department of public works.
(g) Committee membership should reflect a broad cross section of the Pahoa community and to
the extent reasonably_ possible shall include representation from the construction industry,
local businesses, architecture, and design professionals.
(h) Upon adoption of the MOU, the planning department shall not process any application for a
building permit or plan approval for a project within the PV district without receipt of the
written recommendations and stamped plans of the committee as provided in section 25 -2-
73.
(i) The committee shall review any application for a planned unit development in the PV
district for consistency with the design guidelines and report its recommendations to the
director prior to approval of the planned unit development.
(i) The committee shall conduct a comprehensive review of the design guidelines and PV
district boundaries and submit its recommendations for amendments to the design guidelines
and PV district boundaries to the director within ten years following adoption of the design
guidelines, and every ten years thereafter. The committee may prepare and submit to the
director recommendations for interim amendments to the design guidelines and PV district
boundaries as may be necessary,
(k) Recommendations and approvals to the director shall be consistent with the provisions of
the County Charter,, general plan, Puna community development plan, Pahoa Village
District Design Guidelines, zoning and other related ordinances and PRY publicly funded
master plan developed for the PV district.
SECTION 9. 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 10. 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 11. This ordinance shall take effect upon its approval.
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII