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Home My WebLink AboutORD 2015-044COUNTY OF HAWAI'I STATE OF HAWAI'I BILL NO.282 ORDINANCE NO.1.5 44 AN ORDINANCE AMENDING CHAPTER 25,ARTICLE 3,SECTION 25-3-2,ARTICLE 4, SECTION 25-4-59.2,AND ARTICLE 7 OF THE HAWAI'I COUNTY CODE 1983 (2005 EDITION,AS AMENDED),RELATING TO THE ESTABLISHMENT OF A SPECIAL DISTRICT TO BE KNOWN AS THE pAHOA VILLAGE DESIGN DISTRICT TO INCLUDE ADOPTED DESIGN GUIDELINES AND A DESIGN REVIEW COMMITTEE,AND PROVIDING AN EXCEPTION TO OFF-STREET PARKING AND LOADING REQUIREMENTS FOR SAID SPECIAL DISTRICT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI'I: SECTION).Purpose and Findings.The Council finds that the village of Pahoa is identified in the Puna Community Development Plan (peDP)2008,as amended,as one of three regional town centers intended to provide a wide range of services for the Puna district.The peDP 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 ofa 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 wa<;recognized as a subcommittee of the Puna CDP Action Committee on February 14,2012. 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.Most specifically,building design guidelines and/or standards and a process for implementing those guidelines andlor standards are necessary to not only ensure that the sense of plaee that residents and visitors alike identify with Pahoa is retained,but also to promote an identity that will be conducive to a healthy,economically viable and sustainable community. Therefore,the purpose of this ordinance is to establish a special district to be known as the Pahoa Village Design ("PVD")district,and to provide distinct requirements Off-Street Parking and Loading in the PVD district. SECTION 2.Chapter 25,article 3,section 25-3-2 ofthe Hawai'i 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 ofthe following: (1)Kailua Village design commission (article 7,division 1). (2)CDH,Downtown Hilo commercial district (article 7,division 2). (3)[Geethefffi:sl suezofle distriets]UNV,University district (article 7,division 3). (4)PO,Project districts (article 6,division 4). (5)APD,Agricultural project districts (article 6,division 5). ®PVD,Pahoa Village Design district (article 7,division )." SECTION 3.Chapter 25,article 4,division 5,section 25-4-59.2 ofthe Hawai'i County Code 1983 (2005 Edition,as amended),is amended to read as follows: "Section 25-4~59.2.Exceptions to the off-street parking and loading requirements. The off-street parking and loading requirements ofthis chapter shall not apply to the following: (a)Non-residential uses located within that area in the City ofHilo,bounded by KinoCole 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 ofone thousand square feet of land area per unit or less,within that area in the City ofHila,bounded by Kinoole Street,Ponahawai Street,and an imaginary straight line extension ofPonahawai Street into Hila Bay and Wailuku River. (c)That area immediately fronting either side ofthat portion ofthe Hawai'i 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 Kana. Cd)Those lots in the PYD district having a total area oflcss than seven thousand five hundred square feet and that have frontage on Pahoa Village Road between Post Office Road and the eastern intersection ofAkeakamai Loop and Pahoa Village Road: provided that any lot created through parcel consolidation does not result in a lot having a total area ofseven thousand five hundred square feet or more,or a parcel consolidation and resubdivision that results in the creation ofadditional building sites after this ordinance takes effect.shall provide off-street parking in accordance with the requirements ofthis chapter." SECTION 4.Chapter 25,articlc 7 ofthc Hawai'i County Code 1983 (2005Edition),is amended by adding a new division to be appropriately designated and to read as follows: "Division .PVD,PAhoa Village Design District. Section 25-7-.Purpose and applicability;boundaries. (a)The PVD (Pahoa Village Design)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 ofthe 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 ofresidential uses capable ofserving both village residents and the ever more populous surrounding subdivisions.Further,the PVD district sceks to 2 preserve the historical architectural theme that has come to symbolize Pahoa's unique sense ofplace and identity,through the implementation ofdesign guidelines within thc PVD district. (h)The PVD 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 tfontage 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 ofKea-au-Pahoa Road between and inclusive oftax map key numbers:l-5~07:0l2 and 1-5-07:080; (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: (4)Parcels identified by tax map key 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 ofwhich are designated medium density urban in Exhibit A of Ordinance No.12-89 amending the general plan land use pattern allocation guide (LUPAG)map,with thc following exclusions: (A)That portion oftax map key no:1-5-02:020 that is not designated medium density urban in Exhibit A of Ordinance 12·89;and (B)Parcels identified by tax map key numbers:1-5-01 :003 and 1-5-08:00 I. Section 25-7-Design guidelines;intent;adoption;applicability. (a)The intent ofthe Pahoa Village Design Guidelines (hereinafter "'design guidelines")is to articulate primary architectural features and building design characteristics that have historically been identified as thc Hawai"i plantation architectural style or theme. (b)Design guidelines may be adopted by resolution or as standards by ordinance and shall be administered by the director after giving due consideration to the recommendations ofthe Pahoa design review committee having been established in accordance with section 25-2-72 ofthis chapter. (c)While no specific minimum number ofthe architectural features in the design guidelines shall be required for any proposed project,all buildings and structures within the PVD district.except as otherwise specified in section 25-7-(d)below.shall be designed to be consistent with the design guidelines and to be complementary with the existing structures. Section 25-7-.PAhoa design review committee;purposc;proccdurcs. (a)The purpose of the Pahoa design review committee(hereinafter "committee")is to provide an opportunity for local review and comment,for consistency with the design guidelines,on plans for all new buildings and structures as well as alterations to the exterior ofexisting buildings and structures within the PVD district. (b)Upon request from the director.the Puna Community Development Plan Action Committee (PCDP AC)shall identify and recommend one or more appropriate Pahoa based community organizations that will be responsible t{.lr establishing the committee and providing any 3 necessary administrative support that may be required.Committee membership should reflect a broad cross section ofthe Pahoa regional town center service area and.to thc extent reasonably possible,shall include representation from the construction industry.local businesses,and architecture and design professionals. ec)The director shall provide the committee with an opportunity to conduct an architectural and design review.for consistency with the design guidelines,ofall applications for plan approval,P.U.D.or sign pennit,except as provided for in subsection Cd)below. (1)The committee shall complete its review ofany application for plan approval and submit its written recommendations along with the reviewed plans stamped "Reviewed by"with the date and signature ofthe committee chair to the director within twenty-five calendar days of receipt ofsuch application from the director. (2)The committee shall complete its review ofany application for a P.U.D.and submit its written recommendations along with the reviewed plans stamped "Reviewed by" with the date and signature ofthe committee chair to the director within twenty-five calendar days ofreceipt ofany plans for partial or final full approval from the director. 0)The committee shall review and submit its written recommendations on applications for sign pennits as provided in chapter 3,article ofthis Code. (4)Committee recommendations to the director shall be consistent with the provisions of the CountyCharter,general plan.Puna community development plan.Pahoa Village Design Guidelines,zoning and other relatedordinances 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 preservation or promotion ofthe Hawai'i plantation architectural theme,including,but not limited to: (I)The construction or installation of accessory buildings or structures or minor alterations to the exterior ofany existing building or structure that is not visible from any street frontage of the building site; (2)The addition or replacement ofaccessory features such as flag poles,roof gutters and downspouts,railings and fencing ofsimilar size.style and material or that more closely confonns to the design guidelines: (3)Painting or repainting ofthe cxtcrior of any building,structure or accessory feature that is consistent with the design guidelines:or (4)The replacement ofexisting doors and windows where the size ofthe replacement door or window is within ten percent ofthe size ofthe original door or window. (e)In order to assist applicants with designing projects that satisfactorily eonfonn to the design guidelines,the committee shall also develop a process for and he available to provide preliminary review ofconceptual plans prior to formal submittal ofdetailed plans and an application for a building permit.plan approval,P.L'.D or sign permit. (0 The committee shall conduct a comprehensive review of the design guidelines and PVD district boundaries and submit its recommendations for amendments to the design guidelines and PVD district boundaries to the PCDP AC within ten years following adoption ofthe design guidelines,and every ten years thereafter.The committee may prepare and submit to the PCDP AC recommendations for interim amendments to the design guidelines and PVD district boundaries as it deems necessary." 4 SECTION 5.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 6.Severability.If any provision of this ordinance or the application thereof to any person or circumstance is held invalid,such invalidity docs not affect other provisions or applications ofthe ordinance which can be given effect without the invalid provision or application,and to this end,the provisions ofthis ordinance are to be severable. SECTION 7.This ordinance shall take effect upon its approval. INTRODUCED BY: Hila ,Hawai'i Date of Introduction: Date of1st Reading: Date of2nd Reading: Effective Date: March 4,2015 March 4,2015 May 6,2015 May 28,2015 CO ~ EMBER,COUNTY OF HAWAI'1 REFERENCE Comm._-,1;,;;0c;:.27'---_ 5 OffICE Of TIlE COUNTY CLERK County of Hawai'i TIilo.Hawai'j COUNTY CLERK COUNTY OF HAWAU RECEIVEDTunc'1:18'"e'\'By.4DateS~2.t~1S:: Introduced By:Zenda Kern (B/R) Date Introduced:March 4,2015 First Reading:March 4,2015 Published:March 14,2015 REMARKS:_ Second Reading:Ji':~:Y,_?!-"'2,,0,,",,5'---_ To \1ayor:~i3.....Y_~lc:4"-,'__'2"_0="~5 _ Returned:May 28,2015 Effective.May 28,2015 Published:June 6,201~ REMARKS:March 18,2015 -postpone?:.; April 1,2015 -postponed; April 15,2015 -postponed ---- ROLL CALL VOTE i ,AYES NOES ASS :EX i Chung X i David ---- X ----- Eoff X !lagan X ! Kanuha X i Onishi , X ~--- Paleka i X ,---Poindexter X !.'.._---- Wille X :9 °°° ROLL CALL VOTE AYES NOES AAS EX Chung X ---------~--- David X , -----_.-------- Eoff X !-, Ilagan X-- Kanuha X-- Onishi X Paleka X -_.--- Poindexter X~Will,X 8 0 1 ..2------- ~Di.I'Upprol'edIhis __'le~/day of ~.__.2IJ I~ 1DO HEREBY CERTIFY thaI thefbregoing RILL was adopted by the County Council published as indicated above.~_v:::( \~/1~.1,---- "'O"(ENe;"IIAII~"SON t2·V£-·· ('oc:,.YCI.F.RK ~,'l-- v-MAYOK,COUNTY OF HA WAI'l BillNo.: Reference: Ord No,: 282 (2012-2014) 15 44