Kapa'a-Wailua Development Plan Ordinance: Purpose and How It Works

This Article shall be known and may be cited as the "Kapa'a-Wailua Development Plan Ordinance." It is adopted: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.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.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.For those purposes, the Kapa'a-Wailua Development Plan area includes portions of the Kapa'a-Wailua planning area as delineated on the development plan of the Kapa'a-Wailua planning area and Zoning Maps of the County of Kaua'i, pursuant to Section 8-9.6 of the Comprehensive Zoning Ordinance.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:Development plans suggesting future and existing locations of major or critical circulation systems, access points, building area and setbacks.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.Kapa'a-Wailua Development Plan Report which served as the basis of the Plan.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.Application of Regulations.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.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.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.