The purpose of this Chapter is to regulate development in specified
districts of the County of Kaua'i that are determined to be
of particular public significance because of unique physical and social
characteristics. Development plans for the special districts have
been formulated pursuant to the stated intentions and purposes of
the County General Plan, the Comprehensive Zoning Ordinance and the
Subdivision Ordinance. Finally, provisions contained in this Chapter
have been drafted to insure development that is compatible with the
environmental, social and cultural needs of the special district in
question.
(a)
This
Article shall be known and may be cited as the "Kapa'a-Wailua
Development Plan Ordinance." It is adopted:
(1)
To implement the intent and purpose of the adopted General Plan and
to amend certain portions of the General Plan which are found to be
necessary in order to recognize more detailed information and more
precise community goals and objectives.
(2)
To establish development plans, Zoning Maps and design criteria to
guide and regulate future development and protect certain physical
and social characteristics which are found to be of particular public
value.
(3)
To establish exceptions, modifications or additions to the provisions
of the Comprehensive Zoning Ordinance and the Subdivision Ordinance
of the County of Kaua'i in order to more specifically provide
for the regulation of land use, subdivision and development practices
within the Kapa'a-Wailua Development Plan area.
(b)
Nature
of Kapa'a-Wailua Development Plan Ordinance. This Article supplements
the Comprehensive Zoning and Subdivision Ordinances in regulating
use and development practices and, in addition, provides a framework
and guidelines to direct the physical locations and relationships
of major improvements, buildings and landscape within the Kapa'a-Wailua
Development Plan area.
The administrative guidelines of this Article include:
(1)
Development plans suggesting future and existing locations of major
or critical circulation systems, access points, building area and
setbacks.
(2)
Design Control Plans, Standards, Guidelines and Criteria suggesting
critical design features, such as existing vegetation, historic and
archaeological sites, views, lighting location and future landscape
requirements.
(3)
Kapa'a-Wailua Development Plan Report which served as the basis
of the Plan.
(4)
The Kapa'a-Wailua Improvement Advisory Committee to serve as
a continuing group for citizen participation in design review and
the recommendation of proposed development and monitoring of the Kapa'a-Wailua
Development Plan.
(c)
Application
of Regulations.
(1)
In administering and applying the provisions of this Article, unless
otherwise stated, they shall be held to be the minimum requirements
necessary to accomplish the purposes of this Article.
(2)
Unless otherwise expressly prohibited by law, the provisions of this
Article shall apply to the Special Planning Areas A, B and C and the
Wailua-Waipouli "resort" area as described in this Article
within the Kapa'a-Wailua Development Plan area.
(3)
The regulations and procedures established in the Comprehensive Zoning
and Subdivision Ordinances shall apply within the Kapa'a-Wailua
Development Plan area, except to the extent that the regulations or
procedures are changed or modified by the provisions of this Article.
When the provisions of this Article differ from the provisions of
the Comprehensive Zoning Ordinance or the Subdivision Ordinance with
respect to a particular subject matter of regulation, the provisions
of this Article shall apply.
(Ord. No. 254, June 16,
1975; Sec. 10-1.1, R.C.O. 1976)
In order to carry out the purpose of this Article, the Zoning
Maps ZM-WP 500 (Wailua-Waipouli) and ZM-KP 500 (Kapa'a-Kealia)
of the CZO are amended and designated as the Zoning Maps of portions
of the Kapa'a-Wailua planning area.
(Ord. No. 254, June 16,
1975; Sec. 10-1.2, R.C.O. 1976; Ord. No. 770, June 19, 2001)
(a)
Generally
Permitted Uses and Structures in Special Planning Area "A."
(1)
Accessory uses and structures;
(2)
Churches and temples;
(3)
Clubs, lodges and community centers;
(4)
Commercial indoor amusement;
(5)
Department stores;
(6)
Household services;
(7)
Light manufacturing, such as handicrafts and garment fabrication;
(8)
Minor food processing, such as cracked seeds, jellies, candies and
ice-cream;
(9)
Museums, libraries and public services;
(10)
Offices and professional buildings;
(11)
Parking garages;
(12)
Personal services, such as barber and beauty shops, laundromats,
etc.;
(13)
Public offices and buildings;
(14)
Public parks and monuments;
(15)
Restaurants and food services;
(16)
Retail sales;
(17)
Multiple-family dwellings not to exceed R-20 density;
(18)
Single-family dwellings.
(b)
Uses
and Structures that Require a Use Permit (Special Planning Area "A").
(1)
Animal hospital;
(2)
Automobile and gasoline sales, repair and storage;
(3)
Botanic and zoological gardens;
(4)
Communications facilities;
(5)
Construction materials storage;
(6)
Diversified agriculture;
(7)
Food processing and packaging other than permitted under Subsection
(a) of this Section;
(8)
Light manufacturing other than permitted under Subsection (a) of
this Section;
(9)
Private and public utilities and facilities;
(10)
Industrial research and development;
(11)
Schools and day care centers;
(12)
Warehouses;
(13)
Hotels and motels not to exceed RR-20 density.
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Any other use or structure which the Planning Director finds
to be similar in nature to those listed in this Section and appropriate
to the district.
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(c)
Uses
and structures for Planning Areas "B" and "C"
and areas designated open district (O) in special planning area "A"
shall be in accord with requirements of CZO.
(d)
Areas
designated general commercial (CG) in special planning area A, B and
C shall be subject to the CZO as to permitted uses but shall follow
the design standards and guidelines of this Article.
(e)
Design
Standards and Guidelines. Design standards are as follows:
(1)
Special Planning Area "A."
(A)
All new structures shall be no more than three (3) floors in height
but not to exceed forty (40) feet. Additional height shall be allowed
for sloping roofs but not to exceed fifteen (15) feet above the plate
line.
(B)
All new buildings along Kūhiō Highway and Kukui Street
shall be built up to five (5) feet from the front property line with
canopies or overhanging balconies over the pedestrian way.
(C)
Exterior building surfaces shall be wood or incorporate wood trims
where allowed by the Building Code.
(D)
Exterior color schemes shall be subject to the review of the Kapa'a-Wailua
Improvement Advisory Committee and approval of the Planning Commission.
(E)
All permitted uses except parking garages and multifamily dwellings
may be located on the ground floor immediately fronting on Kūhiō
and Kukui Street.
(F)
Immediately fronting on Kūhiō and Kukui Street. New buildings
along Kūhiō Highway and Kukui Street shall be set back
five (5) feet for additional sidewalk width. Setback areas shall be
paved to match sidewalk.
(G)
No buildings shall be closer than forty (40) feet from the edge of
the canal right-of-way line.
(H)
Off-street parking areas along Kukui Street and Kūhiō
Highway shall be located in the rear of the properties.
(I)
Allowance for twelve (12) foot by thirty-five (35) foot bus stalls
shall be provided at all public buildings and tourist establishments.
(J)
All development proposals shall include plans and specifications
for the landscape development that are approved by the Planning Director
and shall be installed prior to the final inspection required under
the building permit procedures.
(2)
Special Planning Areas "B" and "C."
(A)
All new structures shall be no more than three (3) floors in height
but not to exceed forty (40) feet. Additional height shall be allowed
for sloping roofs but not to exceed fifteen (15) feet above the plate
line.
(B)
Roof colors shall be non-reflective.
(C)
Exterior building color schemes shall be subject to the review of
the Kapa'a-Wailua Improvement Advisory Committee and approval
of the Planning Commission.
(D)
All development proposals shall include plans and specifications
for the landscape development of the entire site at the request of
the Planning Director.
Landscape development approved by the Planning Director shall
be installed prior to the final inspection required under the building
permit procedures.
(E)
No buildings shall be closer than forty (40) feet from the edge of
the canal right-of-way line.
(F)
Exterior signs placed at right angles to the building face and street
shall be located below the canopy on the first floor.
(i)
Signs shall be indirectly lighted instead of being directly lighted
from within. No neon or flashing lights shall be permitted.
(ii)
Materials for signs shall be wood or non-reflective metals.
(iii)
All signs shall be subject to the review by the Kapa'a-Wailua
Improvement Advisory Committee and approval of the Planning Commission.
(iv)
Existing signs that are nonconforming to these standards shall
be removed or made conforming within five (5) years from the effective
date of the ordinance codified in this Chapter.
(f)
Project
Development (Special Planning Area A, B and C). The Commission shall
find that in cases where the intent of the Kapa'a-Wailua Development
Plan cannot be met because of parcel size, orientation, shape, lack
of adequate utilities, street improvements, or other similar features,
the parcels so affected shall be developed in accordance with a project
development plan to be initiated either by the property owner or owners,
or by the Planning Commission. Where the project involves participation
by Federal, State or County agencies such as under the Federal or
State Housing Act, or the improvement district statutes, the plan
shall be ratified by the County Council prior to governmental funding.
(g)
Project
development (Article 18 of the CZO) shall be mandatory for all parcels
designated RR-20 or hotel uses within the Kapa'a-Wailua Development
Plan area.
(Ord. No. 254, June 16,
1975; Sec. 10-1.3, R.C.O. 1976; Ord. No. 349, July 1, 1978; Sec. 10-1.3, 1978 Cumulative Supplement)
(a)
Purpose.
To insure continuity of community participation in decisions affecting
the future of the Kapa'a-Wailua Area, to provide for the review
of development proposals and to implement the intent of the plans
and regulations governing development within the Kapa'a-Wailua
planning area.
(b)
Composition.
There is hereby established the Kapa'a-Wailua Improvement Advisory
Committee. The Committee shall consist of at least five (5) members
to be appointed by the Mayor and confirmed by the Council. Members
shall serve only for the term of the appointing authority and members
shall not serve consecutive terms. Members may not be removed during
their term of office. The Planning Director and the County Engineer
shall be ex-officio members.
(c)
Duties.
To review and render advisory opinions on all matters referred to
the Committee or matters considered by the Committee on its own initiative
relative to the Kapa'a-Wailua Development Plan area. Such matters
shall include General Plan amendments, zoning amendments, and State
land use boundary amendments.
(d)
Standards
and Criteria. The review and recommendation by the Kapa'a-Wailua
Improvement Advisory Committee shall be based upon the intent and
requirements of the General Plan, the Comprehensive Zoning Ordinance,
the development plan, and design plans applicable within the Kapa'a-Wailua
planning area.
(e)
Procedures.
The Committee shall meet at its own discretion at a time and place
selected by the Committee. The time and place shall be public information.
The meeting shall be open to the public and actions or recommendations
of the Committee shall be public information.
(f)
Time
Limitation for Review. When a matter is referred for review and recommendation
to the Kapa'a-Wailua Improvement Advisory Committee, or when
the Committee provides written notification of its intent to review
matters not so referred, the applicable time limits for action established
by law shall remain in effect. The time limit may be extended only
upon written consent of the applicant and only for such period to
which the applicant agrees.
(Ord. No. 254, June 16,
1975; Sec. 10-1.4, R.C.O. 1976; Ord. No. 461, June 21, 1984)
The Commission shall review the Kapa'a-Wailua Development
Plan and program at least every five (5) years, and shall initiate
any appropriate changes or amendments which are brought about by changes
in social, fiscal, economic or other factors.
(Ord. No. 254, June 16,
1975; Sec. 10-1.5, R.C.O. 1976)
