HomeMy WebLinkAboutORD 2015-045ORDINANCE NO._~1~S~4~5~~
COUNTY OF HAWAI'I STATE OF HAWAI'I
BILL NO.----:----=2.:..:83'-----_
(DRAFT 2)
AN ORDINANCE AMENDING CHAPTER 25.ARTICLE 2,DIVISION 7 AND ARTICLE 6,
DIVISION I OF THE HAWAI'I COUNTY CODE 1983 (2005 EDITION,AS AMENDElJ),
RELATING TO REVIEW OF DEVELOPMENT PROJECTS PROPOSED WITHIN A
SPECIAL DISTRICT.
BE IT ORDAINED BY THE COUNCil.OF THE COlINTY OF HAWA1'l:
SECTION 1.Purpose and Findings.The Council finds that it is both desirous and
appropriate for the establishment ofa process for the review of development projects within a
special district under Article 7 of Chapter 25,HeC,as amended,for consistency with any design
guidelines andlor 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 ofdevelopment projects within their respective communities,
Community Development Plans adopted since 2008,and those yet to he 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 ofguidelines and/or standards
devised to foster their sense of identity,now and for future gencrations,a process allowing for
the systematic review ofall development projects subject to adopted design guidelines and/or
standards becomes necessary.
The purpose ofthis ordinance is to incorporate a process within Chapter 25 that requires
the Planning Director and/or the applicable planning commission to review'all development
v,'ithin a special district for consistency with any applicable adopted design guidelines and/or
standards,and to establish a process whereby an appropriately recognized local organizalion(s)
may create a local design review committee that shall be routinely provided with the opportunity
to re'view and comment to the Planning Director on applications for plan apprm.·al 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 Hawai'i 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 ofany ne\\.'
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
ofone single-family dwelling andany accessory buildings per lot.unless required
elsewhere in this chapter.
(b)Plan approval shall be required in all districts prior to the change ofthe follov\I'ing
uses in existing buildings:
(1)Residential to commercial usc;
(2)Warehouse and manufacturing to retail use.
(c)Plan approval shall be required in all applicable districts prior to the construction or
establishment ofthe following improvements and uses:
(I)Public uses,structures and buildings and community buildings,as permitted
under section 25-4-11.
(2)Telecommunication antennas and towers,as pennitted under section 25-4-12.
(3)Temporary real estate onices 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 ofany addition to an existing
structure or development which is to be used for minor agricultural products
processmg.
(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 ofbuilding permit review',or earlier at the applicant's request.
(1)Plan approval may be required as a condition ofapproval ofany usc 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 ofany agricultural tourism
activity.as permitted under section 25-4-15(b).
(h)Plan approval shall be required prior to the construction or installation or anv new
structure or development.anv enlargement of an existing structure or development.or
alterations to the exterior appearance ofany existing structure or development in anv
special district established under this chapter for which design guidelines and/or
standards have been adopted and as prescribed bv the applicable special district
requirements.exeluding any special district having adopted design guidelines and/or
standards established under this chapter prior to adoption ofthis sub-section:'
SECTIO:'\J 3.Chapter 25,article 2,division 7.section 25-2-73 ofthe Hmvai'i Countv
Code 1983 (2005 Edition.as amended),is amended to read as fotl()\vs:
"'Section 25-2-73,IResel"Ved.]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 ofa building or structure that is
subject to design guidelines and/or standards adopted by the council fijI'any special
district established under article 7 of this chapter shall include:
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(I)Complete and accurate exterior elevations ofall facades,drawn at a scale
adequate to show clearly the appearance of all proposed buildings and
structures;
(2)A description ofexterior siding,roofing.and finish materials;
(3)Exterior door and window specifications;
(4)Description.location,and renderings for anv exterior signage;
(5)A strcetscape rendering ofthe project site and adjacent properties suitable for
evaluating the immediate spatial relationships.Photographic images mav be
substituted provided those images are adequate to serve the same purpose;
(6)Other descriptive infonnation as the director finds necessary to determine
consistency ofthe 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 ofacceptance ofan 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 ofthe
projectwith the adopted design guidelines and/or standards.
(cl The written recommendations and plans stamped "Reviewed bv"with the date and
signature orthe chair ofthe respective design review committee affixed shall be
submitted to the director within twenty-five calendar days of receipt by the design
review committee ofthe director's request for design review.
(d)Except as otherwise provided in this section.the director shall ""'ithhold 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.
(el By written request to the director.the chair of the respective design review committee
mav request an extension of lime to complete the design review and to submit the
recommendations ofthe design review committee,which the director mav grant onlv
with the written approval ofthe applicant for plan approval.
(t)In the eventthat no design review committee is established.or ifthe design review
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 Hawai'i 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
\vhich,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 verilication required under section 25-2~74.
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(c)The director may only issue plan approval for a temporary model home or real estate
office ifthe proposed use meets all ofthe 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 dccision 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 approval within sixty days after acceptance of the
application.Tfthe director fails to render a decision within the sixty-day period,thc
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 aftcr acceptance ofthe
application.Ifthe director fails to render a decision within the forty-fivc-day period.
the application shall be considered approved without further certification bv the
director."
SECTION 5.Chapter 25,article 2,section 25-2-77 of the Hawai'i County Code 1983
(2005 Edition,as amended),is amended to read as follows:
'''Section 25-2-77.Review criteria and conditions ofapproval.
(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,tranic,community characteristics,natural fcaturcs,and may require
conditions or changes to assure;
(1)Adequate light and air,and proper siting and arrangements arc provided for all
structures and improvements;
(2)Existing and prospcctivc traffic movcments will not be hindered;
(3)Proper landscaping is provided that is commensurate with the structure,
development or usc and its surroundings;
(4)Unsightly areas are properly screened or eliminated;
(5)Adequate otT-street parking is provided to scrvc thc structure,development or
use,regardless ofthe 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 ofcommunity
value are preserved;[anti]
(8)Dust,noise,and odor impacts are mitigatedr~l:and
(9)Compliance with any design guidelines or standards adopted by the council.
(b)The director shall require any conditions or changes in the proposal which,in the
director's opinion,are necessary to carry out the purposes ofthis chapter and the
considerations containcd in subsection (a)above."
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SECTION 6.Chapter 25.article 6,division 1,section 25-6-3 orthe lla\\"ai'i County Code
1983 (2005 Edition,as amended),is amended to read as follows:
"Section 25-6-3.Application for P.D.D.permit;requirements.
An application for a P.U.D.pennit shall be on a form prescribed for this purpose by the
director on behalforthe commission and shall be accompanied by:
(I)A filing fee 01'$500.
(2)A written description of the proposed project,including the follo\ving information:
(A)A description ofthe property in sufficient detail to determine the precise
location of the property involved;
(8)A statement ofobjectives and reasons for the requested P.U .D.permit,including
an analysis ofhow the request satisfies the standards contained in section
25-6-f 0;
(C)A list ofall requested deviations from the requirements ofchaptcr 23
(subdivisions)and chapter 25 (zoning),Hawai'i County Code;
(D)A schedule for the timetable of the proposed development;and
(E)An analysis ofthe relationship ofthe proposed development to the general plan
land any applicable community development plan.].anv adopted communitv
development plan,other adopted master plan,and if applieahle.any other
adopted design guidelines and/or standards affecting the project area.
(3)Drawings and plans comprising a general development plan covering the entire area
ofthe P.U.D.,and providing the following infonnation:
(A)Uses,dimensions,and locations ofproposed stmctures:
(B)Widths.alignments.and improvements of proposed streets and pedestrian and
drainage ways;
(C)Any proposed subdivision of property for individual parccl sale;
(D)Parking areas;
(E)Public areas and uses;and
(F)Landscaping and open spaces.
(4)Architectural drawings for all buildings demonstrating the dcsign and character ofthe
proposed buildings and uses.Irthe project area is within a district established under
article 7 of this chapter for which design guidelines and/or standards have bcen
adopted that are applicable to single-family dwellings,architectural drawings shall be
required for all buildings including single-family dwellings.
(5)A list ofthe names,addresses and tax map key numbers ofall surrounding owners
and lessees ofproperty interests in property within the boundaries estahlished by
section 2S¥2·4.
(6)Any other info1l11ation or plans required by rules adopted hy the commission in
accordance with chapter 91,Hawai'i Revised Statutes."
SECTION 7.Chapter 25,article 6,division 1,section 25-6-7 of the Hawai'i County
Code 1983 (2005 Edition,as amended),is amended to read as follows:
"Section 25-6-7.rReserved]P.U.D.permit application and processing requirements
located within special districts with design guidelines and/or standards.
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(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 anv special district established under article 7 of this
chapter for which design guidelines or standards have been adopted by the council,
excluding any special district having adopted design guidelines and/or standards
established under this chapter prior to adoption ofthis subsection,shall include:
(1)Complete and accurate exterior elevations ofall facades,drawn at a scale
adequate to show clearly the appearance of all proposed buildings and
structures:
(2)A description ofexterior siding,roofing.and finish materials:
(3)Exterior door and window specifications;
(4)Description,location.and renderings for any exterior signagc:
(5)A streetscape rendering ofthe project site and adjacent properties suitable for
evaluating the immediate spatialrc!ationships.Photographic images may be
substituted provided those images are adequate to serve the same purpose;
(6)Other descriptive information as the director,on behalfof the commission,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.
(bl The P.U.D.application and plans shall be subject to review and comment by thc
design review committee established under the respective special district section
under article 7 for consistency with the adopted design guidelines and/or standards.
(cl The director,on behalf ofthe commission shall.within five days ofacceptance ofa
P.U.D.application,provide the respective design review committee with a copv of
the application and plans along with a request for their review and comments on the
consistency ofthe project with the adopted design guidelines and/or standards.
Cd)The written recommendations and plans stamped "Reviewed bv"\vith the date and
signature ofthechair ofthe respective design review committee affixed shall be
submitted to the director,on behalf ofthe commission within twentv-five calendar
days ofreceipt by the design review committee ofthe final plans for any partial or
full approval ofaP.U.D.application as provided in subsections 25~6~6(c)or (d)
above.
ee)Except as otherwise provided in this section,the director shall withhold providing a
recommendation to the commission on any partial or full approval ofa P.ll.D.
application until having received the written recommendations and stamped and
signed plans from the chair of the respective design revie\.v committee fix the
application.
(0 Bv written request to the director on behalf ofthe commission,the chair ofthe
respective design review committee may request an extension oftime to complete thc
design review and to submit the recommendations ofthe design review committee.
which the director on behalfofthe commission may grant only with the \.vrittcn
approval of the applicant for P.U.D.
Cg)In the event that no design review committee is established,or ifthe design review
committee.for whatever reason,fails to respond \vithin the time limit prescribed in
subsection Cd),the director shall provide design review against the relevant design
guidelines and/or standards as adopted by the council.'·
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SECTION 8.Chapter 25,article 6.division 1,section 25-6-10 orthe Hawai'i 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 commission upon finding that:
(a)The construction ofthe project can begin and be completed within a reasonable
period of time from the date offull approval.
(b)The proposed development substantially conforms to the general plan rand any
apfllieaele eomml:Lnit),deyelopment flIElfl.],any adopted community development
plan.other adopted master plan.and if applicable.any adopted design guidclincs
and/or standards affecting the project area.
(c)Any rcsidential or agricultural development shall constitute an environment or
sustained desirability and stability for the district that is in harmony with the character
ofthe surrounding area,that results in an intensity ofland use no higber than that
otherwise specified for the district.and that maintains the standards ofopen 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
tra11ic 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.
(t)The development ofa harmonious,integrated whole justifies exceptions,if required,
to the normal requirements ofthis chapter,and the contemplated arrangements or use
make it desirable to apply regulations and requirements ditTering 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.Ifany provision of this ordinance or the application thereof
to any person or circumstance is held invalid,such invalidity does not affect other provisions or
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applications of the 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 11.This ordinance shall take effect upon its approval.
INTRODUCED BY:
~~OFHAWAI"I
=-_-cc--,HO'ic=l",o~,Hawai'i
Date oflntroduction:March 4,2015
Date of 1st Reading:March 4,2015
Date of2nd Reading:May 6,2015
Effective Date:May 28,2015
RmRENCf ClImAL ...;2;,.;5;,;.9;,.;"3:.....__
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OFFICE OF THE COUNTY CLERK
County of lIa\vai'i
Hila,Hawai'i
COUNTY CLERK
COUNTY OF HAWAU
RECEIVEDTim~:'7t~~B~=+==Dat~
Introduced By:Zenda Kern (SiR)
Date introduced:March 4,2015
First Reading:March 4,2015
Puhlished:March 14,2015
REMARKS:
Second Reading.May 6 I 2015
To Mayor:May 14,2015
Returned:May 28,2015
Etl'ective:May 28,2015
Published:June?J 20,~1c'5 _
REA1ARKS,Marc:-t 18 I 2015.-.Xostponedi
April I,2015 -p~~tpo~n~e~d~;_
April 15_~__2015 -Amended t9__QJ:'~f_!ct~2,----_
and Postponed
-_._-----------
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ROLL CALL VOTE
AYES NOES ABS EX
Chung X.-
David X--
Eoff X
Ilagan X -.._--
Kanuha X
:Onishi X
Pakka X
Poindexter X -----.-
I Wille X
9 0 00
------
ROLL CALL VOTE Ex1AYESNOESABS
~~g--X i
-
David X
Eotf X----_.,''''-._-
lIagan X ,'-,-'"
Kanuha X-_..-
Onishi X---TPakkaX---.,
Poindexter
,
I X>--------------i Wille I X
I
------------,8 0 1 0_L..---
I DO IIEREBY CERTIFY that thefiJrexoinx BILL was adopted by the CountJ'Council published as
indicated above..~K-/
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COU.!\''L CHAIRPERj1""
jU,-:;/".l1
1 NTYCLERK
0prove;:VisupprovedIhiS -''l"C''~'---_:_--da:r
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'YIC.:u...~tJM YOR.COUNTY OF HA WA [,[
Bill No,:
Rcfcrcm:c:
Ord No.:
283 (Draft 2)(2012-2014)
C-259.3 IPC-7
15 4S