(a) The performance of prescribed powers, duties, and functions by all city agencies shall conform to and implement the policies and provisions of these common provisions and each development plan. Pursuant to Charter § 6-1511.3, public improvement projects, and subdivision and zoning ordinances shall be consistent with the development plan for that area; provided that development plan amendments and zoning map amendments may be processed concurrently. In case of a conflict between any federal aid projects and the general plan or the development plans, the council, after public hearings, may set aside the general plan or development plans to the extent that such conflict prevents the obtaining or the granting of federal aid on any such project or the prosecution of the work thereunder.
Publicly funded facilities are required to be shown on the public facilities map when construction and land acquisition funds are budgeted. Designation on the map is not required for the budgeting of planning and engineering funds.
(b) Notwithstanding the land use map designations and provisions of each development plan, existing zoning ordinances applicable to a development plan area shall continue to regulate the use of land within demarcated zones and set detailed standards for the height, bulk, size, and location of buildings; provided that where the land use map designations or provisions of a development plan are more restrictive than applicable zoning ordinances, the department of planning and permitting shall, within 90 days of the date of approval or amendment of the development plan, prepare and submit to the planning commission such ordinances as are necessary to bring applicable zoning ordinances into conformance with the development plan. The planning commission shall forward its recommendations to the council within 45 days.
(c) In those instances in which a development plan is more restrictive than the existing zoning ordinances applicable to the development plan area or where public facilities are inadequate to service the types of land uses permitted under the applicable zoning ordinances, the department of planning and permitting shall, within 30 days of the date of approval or amendment of the development plan, prepare and submit to the council for its consideration appropriate interim development controls to regulate development until the zoning can be brought into conformance with the development plan or until adequate service levels can be achieved.
(d) No amendment to a development plan for the purpose of changing the land use classification of any specific property or the nature of any designated public facility improvement shall be adopted unless the council finds that such amendment will be consistent with the common and special provisions of the development plan and the objectives and policies of the general plan. In processing any proposed amendment to a development plan, the department of planning and permitting shall review the objectives and policies of the general plan and the provisions of the development plan, and shall report through the planning commission to the council its comments regarding how the proposed amendment is consistent with or how it conflicts with the development plan and the general plan. Any questions of interpretation regarding the consistency of the proposed amendment with the provisions of this development plan and the objectives and policies of the general plan shall be resolved by the council.
(e) No amendment to the text of these common provisions or the special provisions of each development plan shall be adopted unless the council finds that such amendment will be consistent with the objectives and policies of the general plan. In processing any such amendments to these common provisions or the text of a development plan, the department of planning and permitting shall review all of the objectives and policies of the general plan and other development plan provisions and shall report through the planning commission to the council its comments regarding the consistency or any conflicts of the proposed amendment with the general plan and other development plan provisions. Any questions of interpretation regarding the consistency of the proposed amendment with other development plan provisions or the objective and policies of the general plan shall be resolved by the council.
(f) In determining whether any action relating to a proposed development is consistent with a development plan, the responsible agency shall take into consideration the following factors:
(1) Whether the development is consistent with the land use map or with any applicable zoning provisions. The land use map is intended to suggest the overall character of the area depicted rather than precise zoning boundaries. In preparing proposed amendments to zoning district boundaries, the department of planning and permitting shall take into account the designation shown on the land use map, the character of existing land uses, and zoning and the compatibility of neighboring land uses.
(2) Whether the development is consistent with the general height controls set forth in a development plan. The general height controls are intended to establish a policy for the general character of the area by setting general height limits for the area. They are not intended to supplant specific zoning standards which may set lower height limits. Precise height limits shall be included by the department of planning and permitting in proposed zoning ordinances. In preparing proposed zoning height limits, the department of planning and permitting shall take into consideration all applicable urban design policies and controls, and the nature of existing land uses.
(3) Whether the development is consistent with population objective C of the general plan, to establish a pattern of population distribution that will allow the people of Oahu to live and work in harmony, and its related policies.
(4) Whether consideration has been given to the expected impact of the development upon the living conditions of residents of the area in light of local area issues, and the social impact factors set forth in § 24-1.10 of these common provisions.
(5) Whether the place and time at which the development is proposed to be undertaken is consistent with the planned location and sequence for constructing public facilities within each development plan area as determined pursuant to § 24-1.9 of these common provisions and the section relating to development priorities of each development plan and as depicted on the public facilities map of each development plan.
(g) No application for any of the following types of actions shall be approved unless such approval is accompanied by specific findings with respect to the factors set forth in § 24-1.2(f):
(1) Change in zoning for the purpose of changing the zoning classification of specific property;
(2) Plan review use under the LUO;
(3) Funding for land acquisition or construction of a public improvement or project to be included for the first time in the six-year capital improvement program.
(h) Conflict between text and maps. In case of any conflict between the text of these common provisions or the special provisions of each development plan and either of the maps attached to each development plan, the provisions of the text shall control.
(i) The development plan land use and public facilities maps are to be interpreted flexibly except where specific requirements are established in the text.
(1) Development plan land use maps. Changes in permitted land uses requiring the adoption of an ordinance shall not require a development plan amendment and may be processed directly as a zoning map change, when they meet the following criteria:
(A) The site involves a rezoning of:
(i) Ten acres or less to a preservation or agricultural district;
(ii) Ten acres or less to a residential or country district; or
(iii) Five acres or less to any other zoning district.
(B) The site abuts lands which are similarly designated and zoned; and
(C) The change involves no major social, environmental, or policy impacts, nor does it involve cumulative impacts resulting from separate applications in the same area.
When a street is abandoned by the city by city council resolution, the development plan land use map shall automatically reflect a land use designation consistent with the underlying zoning as determined by the director of planning and permitting in accordance with the LUO.
In addition, for master planned development projects which have received development plan approval, minor boundary adjustments may be processed directly as a zoning map change; provided that the proportion of land uses, the number of residential units, acreage, and the design integrity of the approved plan remain substantially the same.
For purposes of this subsection, master planned development projects are the relatively large development projects which combine a variety of land use categories, commonly residential, apartment, commercial, parks, and public and quasi-public uses, into an integrated development proposal.
When a zone change application is filed in accordance with this section, the director of planning and permitting shall review and certify the request with respect to its consistency with the policies and objectives of the general plan and development plan.
When such zoning map changes are implemented, the development plan land use map shall be automatically changed to reflect the new zoning.
Questions of interpretation as to the degree of impact of a change shall be resolved by the city council.
(2) Development plan public facilities maps. The development plan public facilities maps show general locations of proposed facilities. Where linear facilities are depicted, they represent approximate alignments and conceptual solutions to facility needs. Linear facilities include sewer lines, water lines and tunnels, drainage lines and channels, regional electrical transmission lines (above 46 kV), public thoroughfares, highways, streets and bikeways. Changes in alignment which do not significantly alter the design solution, change capacity, impact on surrounding land uses, or affect the natural environment, may be made without an amendment to an existing facility symbol. Project boundaries depicted on the public facilities maps indicate approximate locations and shall be interpreted flexibly to allow reasonable implementation. The approximate location of all major planned public facilities is shown on the development plan public facilities map. However, where time is of the essence to protect public health, safety, or property, or to prevent the loss of State or federal funds, funding for capital improvement projects may be initiated and appropriated without amending the development plan public facilities map. Major facilities generally include those which:
(A) Significantly increase system capacity;
(B) Expand service areas;
(C) Change the function of an existing facility;
(D) Involve replacement of or renovations to existing facilities which would permit significant new development or redevelopment;
(E) Have a significant impact on surrounding land uses; or
(F) Cost over $1,000,000 for capital improvements; however, improvement districts, the addition of equipment, and the repair, replacement, renovation, or modification of existing facilities which would not involve any significant expansion of existing facilities shall not be deemed a major public facility even if the cost exceeds $1,000,000, so long as subparagraphs (A) through (E) immediately above are not affected.
The director of planning and permitting may administratively modify the map to change the symbol for the timing or location or alignment of a project when the city council appropriates the funds to implement the project.
Any question of interpretation shall be resolved by the city council.
(3) Changes in the development plan land use and public facilities maps for the following purposes, when directed by the department of planning and permitting, do not require a development plan amendment:
(A) Deleting from the public facilities map those projects for which construction has been completed;
(B) Deleting from the public facilities map those parks for which land has been acquired; or
(C) Depicting completed public facilities, or park land acquisition on the land use map.
Before such changes, responsible agencies shall submit a letter of project completion to inform PD and the city council that projects have been completed.
(Sec. 32-1.2, R.O. 1978 (1987 Supp. to 1983 Ed.)) (1990 Code, Ch. 24, Art. 1, § 24-1.2) (Am. Ords. 89-9, 90-5, 90-41, 90-89, 92-59, 93-07, 93-11, 94-26)