HomeMy WebLinkAboutSpecial Design District-Chap25 DRAFT ramsayer - 13May14 .7.14
COUNTY OF HAWAII STATE OF HAWAII
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BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, DIVISION 7 AND ARTICLE 6,
DIVISION 1 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED),
RELATING TO REVIEW OF DEVELOPMENT PROJECTS PROPOSED WITHIN A
SPECIAL DISTRICT.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L
SECTION 1. Purpose and Findings. The Council finds that it is both desirous and
appropriate for the establishment of a process for the review of development projects within a
special district under Article 7 of Chapter 25, HCC, as amended, for consistency with any design
guidelines and/or standards adopted by the Council, either by ordinance or resolution, for said
special district and that provides local communities with an opportunity to review and comment
on the design and compatibility of development projects within their respective communities.
Community Development Plans adopted since 2008, and those yet to be adopted, often
identify specific local communities with a rich historical and architectural heritage that residents
routinely identify as a defining community characteristic that should be preserved and enhanced.
As local communities actively pursue and secure the adoption of guidelines and/or standards
devised to foster their sense of identity, now and for future generations, a process allowing for
the systematic review of all development projects subject to adopted design guidelines and/or
standards becomes necessary.
The purpose of this ordinance is to incorporate a process within Chapter 25 that requires
the Planning Director to review all development within a special district for consistency with any
applicable adopted design guidelines and/or standards, and to establish a process whereby an
appropriately recognized local organization(s) may create a local design review committee that
shall be routinely provided with the opportunity to review and comment to the Planning Director
on applications for plan approval or a planned unit development for consistency with said
adopted design guidelines and/or standards.
SECTION 2. Chapter 25, article 2, division 7, section 25-2-71 of the Hawaii County
Code 1983 (2005 Edition, as amended), is amended to read as follows:
"Section 25-2-71. Applicability; plan approval required.
(a) Plan approval shall be required prior to the construction or installation of any new structure
or development or any addition to an existing structure or development in all districts
except in the RS, RA, FA, A and IA districts, and except for the construction of one single-
family dwelling and any accessory buildings per lot, unless required elsewhere in this
chapter.
(b) Plan approval shall be required in all districts prior to the change of the following uses in
existing buildings:
(1) Residential to commercial use;
(2) Warehouse and manufacturing to retail use.
(c) Plan approval shall be required in all applicable districts prior to the construction or
establishment of the following improvements and uses:
(1) Public uses, structures and buildings and community buildings, as permitted under
section 25-4-11.
(2) Telecommunication antennas and towers, as permitted under section 25-4-12.
(3) Temporary real estate offices and model homes, as permitted under section 25-4-8.
(4) Utility substations, as authorized under section 25-4-11.
(d) Plan approval shall be required in the RA and FA district prior to the construction or
installation of any new structure or development, or of any addition to an existing structure
or development which is to be used for minor agricultural products processing.
(e) Plan approval shall be required in the A district prior to the development of any trailer park
or major agricultural products processing facility. The director shall determine whether an
agricultural products processing facility shall be considered major or minor at the time of
building permit review, or earlier at the applicant's request.
(f) Plan approval may be required as a condition of approval of any use permit, variance, or
other action relating to a specific use, in which case the use or development so conditioned
may not be established until plan approval has been secured.
(g) Plan approval shall be required for the establishment of any agricultural tourism activity, as
permitted under section 25-4-15(b).
(h) Plan approval shall be required prior to the construction or installation of any new structure
or development, any enlargement of an existing structure or development, or alterations to
the exterior appearance of any existing structure or development in any special district
established under this chapter for which design guidelines and/or standards have been
adopted and as prescribed by the applicable special district requirements."
SECTION 3. 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. [mod.] Plan approval application and processing requirements
for special districts with design guidelines and/or standards.
(a) In addition to the application requirements for plan approval contained in section 25-2-72,
an application for plan approval for the construction, installation, enlargement, or alteration
to the exterior appearance of a building or structure that is subject to design guidelines
and/or standards adopted by the council for any special district established under article 7
of this chapter 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;
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(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 guidelines and/or standards adopted for the
special district in which the project building site is located.
(b) Within five days of acceptance of an application for plan approval the director shall
provide the respective design review committee with a copy of the application and plans
along with a request for their review and comments on the consistency of the project with
the adopted design guidelines and/or standards.
(c) 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.
(d) Except as otherwise provided in this section, the director shall withhold rendering a
decision on a plan approval application until having received the written recommendations
and stamped and signed plans from the chair of the respective design review committee for
the application.
(e) 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.
(fl In the event that no design review committee is established, or if the design review
r committee, for whatever reason, fails to respond within the time limit prescribed in
subsection(b), the director shall provide design review against the relevant design
guidelines and/or standards as adopted by the council and waive the requirements under
subsection(c)."
SECTION 4. Chapter 25, article 2, section 25-2-76 of the Hawaii County Code 1983
(2005 Edition, as amended), is amended to read as follows:
"Section 25-2-76. Action on plan approval application.
(a) The director may issue plan approval subject to conditions or changes in the proposal
which, in the director's opinion, are necessary to carry out and further the purposes of this
chapter and the considerations contained in section 25-2-77.
(b) The director may only issue plan approval for a telecommunication antenna or tower if the
proposed use meets all of the conditions contained in sections 25-2-77 and 25-4-12, and if
the applicant provides all verification required under section 25-2-74.
(c) The director may only issue plan approval for a temporary model home or real estate office
if the proposed use meets all of the conditions in section 25-2-77 and 25-4-8.
(d) The director shall render a decision to either approve or deny a plan approval application,
other than for an agricultural tourism facility[,] or any special district with adopted design
guidelines and/or standards,within thirty days after acceptance of the application. If the
director fails to render a decision within the thirty-day period, the application shall be
considered approved without further certification by the director. For an agricultural
tourism facility, the department shall conduct a site inspection prior to issuing plan
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approval within sixty days after acceptance of the application. If the director fails to render
a decision within the sixty-day period, the application shall be considered approved without
further certification by the director. For any plan approval application within a special
district with adopted design guidelines and/or standards, the director shall render a decision
to either approve or deny the plan approval application within forty-five days after
acceptance of the application. If the director fails to render a decision within the forty-five-
day period, the application shall be considered approved without further certification by the
director."
SECTION 5. Chapter 25, article 2, section 25-2-77 of the Hawaii County Code 1983
(2005 Edition, as amended), is amended to read as follows:
"Section 25-2-77. Review criteria and conditions of approval.
(a) In reviewing a plan approval application, the director shall consider the proposed structure,
development or use in relation to the surrounding property, improvements, streets, traffic,
community characteristics, natural features, and may require conditions or changes to
assure:
(1) Adequate light and air, and proper siting and arrangements are provided for all
structures and improvements;
(2) Existing and prospective traffic movements will not be hindered;
(3) Proper landscaping is provided that is commensurate with the structure, development
or use and its surroundings;
(4) Unsightly areas are properly screened or eliminated;
(5) Adequate off-street parking is provided to serve the structure, development or use,
regardless of the otherwise minimum requirements of this chapter;
(6) Access to the parking areas will not create potential accident hazards;
(7) Within reasonable limits, any natural and man-made features of community value are
preserved; [and]
(8) Dust,noise, and odor impacts are mitigated[...]; and
(9) Compliance with any design guidelines or standards adopted by the council.
SECTION 6. 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-
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(C) A list of all requested deviations or variances from the requirements of chapter 23
(subdivisions) and chapter 25 (zoning), Hawaii County Code;
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(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/or 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 district established under article 7 of this chapter for which
design guidelines and/or standards 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 7. Chapter 25, article 6, division 1, section 25-6-7 of the Hawaii County
Code 1983 (2005 Edition, as amended), is amended to read as follows:
"Section 25-6-7. [Reserved]P.U.D. permit application and processing requirements for
special districts with design guidelines and/or standards.
(a) In addition to the application requirements for a P.U.D. contained in section 25-6-3, an
application for a P.U.D. in any special district established under article 7 of this chapter for
which design guidelines or standards have been adopted by the council 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 guidelines and/or standards adopted for the
special district in which the project building site is located.
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(b) The P.U.D. application and plans shall be subject to review and comment by the design
review committee established under the respective special district section under article 7
for consistency with the adopted design guidelines and/or standards.
(c) The director shall, within five days of acceptance of a P.U.D. application, provide the
respective design review committee with a copy of the application and plans along with a
request for their review and comments on the consistency of the project with the adopted
design guidelines and/or standards.
(d) 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 final plans for any partial or full approval of a P.U.D. application as provided in
section 25-6-6(c) or(d) above.
(e) Except as otherwise provided in this section, the director shall withhold rendering a
decision on any partial or full approval of a P.U.D. application until having received the
written recommendations and stamped and signed plans from the chair of the respective
design review committee for the application.
(fl 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 P.U.D.
(g) 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(d), the director shall provide design review against the relevant design
guidelines and/or standards as adopted by the council and waive the requirements under
subsection(b)."
SECTION 8. 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/or 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,
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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.
(f) 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 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.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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