HomeMy WebLinkAboutCOM 1437.002 1984-1988 •
MERLE K. LAI :�J�jY of Hgcy;
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COUNTY COUNCIL
County of Hawaii
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii 96720
March 10, 1988
TO: Takashi Domingo, Chairman, and Members
Committee on Planning FROM: Councilwoman Merle K. Lai nL
RE: Proposed Amendments to Bill 467 and the Hawaii County
Code
Attached, for discussion by members of the Planning Committee, are
the following materials:
1 . Explanation as to how Bill 467 will be amended.
2. Justification for, and draft of , a bill to amend
the Zoning Code to include a new Article creating a
Downtown Hilo Design Review Commission.
The reasons for amending Bill 467 and creating a new Article are:
1 . To eliminate the apparent conflict that exists
between Sec. 25-285(a ) and (b) of Draft 1 of
Bill 467 .
2. To establish a procedure whereby individuals and
groups may turn to the Board of Appeals to seek
relief from decisions affecting their plans to
develop, renovate or redevelop properties in
Downtown Hilo .
a . The Board of Appeals does not have the
authority to review HRA' s decisions .
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Ref. Date..�.i'IArR ,1 0 19
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Committee on Planning
March 10, 1988
Page 2
b. The creation of the Downtown Hilo Design Review
Commission (with the Planning Director making
final plan approval decisions ) will enable
individuals to appeal the Planning Director ' s
decision to the Board of Appeals .
1 . This procedure is necessary to assist
individuals interested in developing,
rehabilitating or redeveloping properties
in Downtown Hilo by eliminating:
(1 ) unnecessary legal and/or court costs
and ( 2) stress and anxiety that results
from having to turn to the Circuit Court
for relief .
Att . Gill St!
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Bill No. 467 (An Ordinance Amending Chapter 25 of the Hawaii County
Code 1983 , By Adding a New Downtown Hilo Commercial Zoning District )
shall be amended as follows:
Section 25-285 (b ) shall be replaced in the entirety by the
following: "There shall be established a Downtown Hilo
Design Review Commission in accordance with Article of
this chapter to review all new construction, rehabilitation
and redevelopment projects in the CDH district . The
commission 's review and recommendations to the HRA and
Planning Department shall be in accordance with the Downtown
Hilo Redevelopment Plan, which was adopted by the Hawaii
County Council in February 1985 , via Resolution No. 59-85 ,
and with HRA's Rule 6, Downtown Hilo Urban Design Rules . "
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JUSTIFICATION SHEET
TITLE: Downtown Hilo Design Review Commission
PURPOSE: To create a Design Review Commission to advise the
HRA and the Planning Department on all matters
involving construction, rehabilitation and
redevelopment activities in the downtown Hilo
commercial zoning district (CDH) .
MEANS: Amend the Hawaii County Code by creating a new
Article .
JUSTIFICATION: Presently, the Hawaii Redevelopment Agency (HRA) has
the sole authority to review and act on development
plans to renovate, develop or redevelop properties
within the new Downtown Hilo commercial zoning
District . If the applicant disagrees with HRA' s
final decision regarding his plans , his only
recourse is to seek relief from the Circuit Court
since the Board of Appeals has no authority to
review HRA' s actions . This step can,
understandably, be anxiety producing.
The creation of this commission, and the limiting of
plan approval to the Planning Department , will
enable the applicant to seek relief from the Board
of Appeals .
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COUNTY OF HAWAII: .r STATE OF HAWAII
Bill No. 511
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25 OF THE HAWAII COUNTY CODE 1983 , AS
AMENDED, BY ADDING A NEW ARTICLE CREATING A DOWNTOWN HILO DESIGN
REVIEW COMMISSION.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII :
SECTION 1 . FINDINGS AND PURPOSE
The Hawaii County Council finds that the only recourse
available to anyone whose plans to develop or rehabilitate properties
in downtown Hilo have been denied or greatly modified by the
Hawaii Redevelopment Agency (HRA) is to appeal the final decision to
the Circuit Court . The applicant is prevented from seeking relief •
from the Board of Appeals because the Board does not have the
authority to review HRA' s actions .
The Council further finds that this procedure creates
unnecessary anxiety in many individuals wishing to seek relief from
HRA's decision.
The purpose of this ordinance is to create a Design Review
Commission which shall advise the HRA and Planning Department on all
matters involving new construction, rehabilitation and redevelopmen.t
projects- in the- CDH district . The creation of this Commission and
the limiting of plan approval to the Planning Department , will enable
the applicant to turn to the. Board of Appeals to seek relief from the
Planning Department ' s decision.
SECTION 2.
Chapter 25 of the Hawaii County Code is hereby amended by
adding a new Article to be appropriately designated and to read as
follows :
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"ARTICLE Downtown Hilo. Design Review Commission
Section 25- Purpose and applicability; jurisdictional
area,
(a.) The purpose of the Commission under this article, is to
advise the HRA and Planning Department on all matters involving
construction, rehabilitation and redevelopment activities in the
Downtown Hilo Commercial, District...,.(..cDH,)..
(b ) Downtown Hilo, as used herein, is confined to the area as
defined in Section 25-278, Article 26 of this chapter . .
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Section 25- . Commission membership; appointment ; term .
(a ) The design review commission shall consist of 9 members
who shall be appointed by the mayor with the approval of the
council . A minimum of 5 members of the commission, at all times ,
will have worked in downtown Hilo for a minimum of two years prior to
being appointed.
(b ) The members shall serve staggered terms of 3 years ,
provided that of the first members appointed following the effective
date of this ordinance, 3 shall serve for one year , 3 for two years
and 3 for three years . When the term of a member expires, he shall
continue to serve until .his successor is _appointed. Members whose
terms expire may not be reappointed to the commission for at least
two years ; however , members initially appointed for one year may be
reappointed for an additional term .without the passage of two years .
Section 25- Rules of procedure . The design review
commission shall prepare rules of procedure relating to matters
within its jurisdiction.
Section 25- . Powers and duties of the commission .
(a) The commission 's review process shall be in accordance
with design controls , goals, objectives and guidelines of. the
Downtown Hilo Redevelopment Plan which was adopted by the
Hawaii County. Council in February 1985 , via Resolution No . 59-85 and
of HRA's Rule 6, Downtown Hilo Urban Design Rules .
(b ) The commission shall review all proposed construction,
rehabilitation and redevelopment projects requiring plan approval by
the planning department . The commission' s recommendations shall be
forwarded through the HRA to the Planning- Department within one month
or thirty calendar days from. the date of the Commission ' s receipt of
the plans . If a recommendation is not, received within the allotted
period, the Planning. Department shall continue to process the request
for plan approval .
(c) The commission shall review all planned public
improvements such as street widening and street lights , as well as
all private commercial and light industrial improvements such as
landscaping, structural painting, advertising, signs and any other
activity which will alter the physical appearance of Downtown Hilo .
The recommendations shall be forwarded: through the HRA to the
. Planning Department within thirty calendar days from the commission ' s
receipt of the. proposal . If a recommendation is not received within
the allotted, period., the Planning Department shall continue to
process the proposed improvement .
(d:) The commission.' s advice 'and. recommendations to- the HRA
and Planning Department shall be consistent with\_the provisions of .
_-the-Ha a-1 innty..-C,hart..er ,.._,Genere l_:.�Pi.an; :.,C,ou•nty...Zan°i°ng.._. ode-; r.i RA...,. .
Downtown. Hilo Redevelopment Plan:, and. HRA''s ,Rule' 6, Downtown- Hilo.
Urban Design Rules.
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SECTION 3 . In the event that any portion of this ordinance is
declared invalid, such invalidity shall not affect the other parts of
this ordinance.
SECTION 4. This ordinance shall take effect upon its approval .
INTRODUCED BY:
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COU CIL MEMBER, COUN' .Y OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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COUNTY OPHAWAII . .'STATE OF HAWAII
BiII No. 467
(Draft 2)
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25 OF THE HAWAII COUNTY CODE 1983
BY ADDING A NEW DOWNTOWN HILO COMMERCIAL ZONING DISTRICT.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII :
SECTION 1 . Chapter 25 of the Hawaii County Code 1983, is
amended by adding a new article to be appropriately designated
and to read as follows :
"Article 26 . CDH, Downtown Hilo Commercial District .
Section 25-278 . Purpose and Applicability . The CDH
(Downtown Hilo Commercial) district is established to reinforce
and promote downtown Hil,o 's role as a compact high density area
for retail shopping, professional and administrative
activities, cultural and arts activities, other supportive
business and commercial services , and multi-family housing .
The zoning requirements. of this district are applicable. to
all lots, except those designated as "0" (open) districts , •
within the ,area bounded by the western development area limits
of Kapiolani Street/Kaiulani Street , the Wailuku River ,
Hilo Bay and Ponahawai Street . •
Section 25-27'9 . Designation of CDH district . The CDH
(downtown. Hilo commercial.) district shall . be designated by the
symbol. "CDH" ..
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Section 25-280 . Permitted Uses . The following uses
shall be permitted in the CDH district :
( 1 ) All retail uses that are conducted entirely within a
building, provided that they are not detrimental to the
character of the district.
( 2 ) Offices (business, administrative , professional ,
executive, financial, editorial , medical, dental , real estate,
and any other similar office use which will not be detrimental
to the character of the district ) .
( 3 ) Personal service uses, including barber shops,
beauty parlors, launderettes , cleaning, pressing service and
pickup stations , shoe repair , clothes mending , and tailor shops .
(4 ) Banks , lending agencies and financial institutions.
(5 ) Drugstores , prescription pharmacies , title
companies, photographer or commercial artist studios , modeling
agencies .
( 6 ) Manufacturing of a non-noxious type where the only
retail sales outlet for products produced is- on the premises
where produced, and provided that the activities are not
detrimental to the character of the district .
( 7 ) Museums ; libraries ; community , public and public
service buildings .
( 8 ) Art galleries ..
( 9 ) Automobile parking: lots and buildings or storage
garages.
(,1.0) . _.,Display rooms ,for .products` sold- elsewhere..
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( 11 ) Newspaper, publishing houses, printing shops,
cartographer and duplicating processes such as blueprinting or
photostating.
( 12) Restaurants , lunch counters, coffee shops ,
.drive-ins, bars , cocktail lounges and night clubs .
( 13 ) Repair shops for personal or household items , and
"fix-it" shops .
(14 ) Private clubs , social orders , fraternal groups and
other similar organizations for offices, meetings and social
activities .
(15 ) Tour, travel and ticket agencies .
(16) Business, technical or trade schools; art , modeling,
music , dancing, photographic or other similar studios or
academies .
(17 ) Public service or public utility uses but excluding
any service , equipment or storage yard or power. plants
therefore.
(18 ) Automobile service stations or garages , excluding
body and fenderworks , electric tire rebuilding or battery
rebuilding, and provided that all work is conducted wholly
within a completely enclosed building,, car washes- or laundries
other than those utilizing automatic or steam cleaning
equipment ; and provided that the facilities are not detrimental
to the character of the district .
(19 ) Bakeries .
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( 20 ) Broadcasting stations or studios ( radio and
television ) .
( 21 ) Commercial amusement establishments such as bowling
alleys , skating rinks , pool halls , etc .
(22 ) Retail sales or services where customers are served
at a drive-up window or while they are in their car provided
. that they are not detrimental to the character of the district .
( 23 ) Gymnasiums, physical culture studios and reducing
salons.
( 24 ) Medical and dental centers , groups or clinics .
( 25 ) Hospitals of all types .
( 26 ) Hotels and apartment-hotels with a maximum density
of 500 square feet of land area per separate rentable unit .
( 27) Any use permitted in RM districts with a maximum
density of 1 ,000 square feet of land area per rentable or
dwelling unit .
( 28 ) Residential use in connection with the operation of
any permitted use .
( 29 ) Indoor sports arenas, auditoriums, and theaters .
( 30 ) Uses normally considered accessory, incidental and
subordinate to the above uses .
Section 25-281 . Height. Limits . The height limits in
the. CDR district shall be- 120 feet ;- provided that all
developments over 45 feet shall be subject to HRA approval .
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Section 25-282 . Minimum Building Site Area . The
minimum Building site area in the CDH district shall be
7, 500 square feet .
Section 25-283 . Minimum Building Site Average Width.
The minimum building site average width in the CDH district
shall be 60 feet .
Section 25-284 .. Minimum Yards . Front , Rear and
Sides . None, except as required. by plan approval .
• Section 25-285 . Other Regulations .
(a ) Plan approval in accordance with Article 20 of
this Chapter is required of all structures and uses in the CDH
district.
lialliThere shall be established a Downtown Hilo
Design Review Commission in accordance with Article of •
this chapter to review all new construction , rehabilitation and
redevelopment projects in the CDH district .. The. Commission ' s
review and recommendations to. the Hawaii Redevelopment Agency
(HRA) and the Planning Department shall be in accordance with
the Downtown Hilo Redevelopment Plan, which was adopted by the
Hawaii Couhty Council in February 19•8.5 ,. via Resolution •
No . 59-85 , and with HRA' s Rule 6, Downtown Hilo Urban Design
Rules .. The Planning Department shall be responsible for acting
on the recommendation ' s of the Commission. The. HRA ' s purpose
for reviewing the Commission ' s: recommendations shall be for
information only;; although., the agency may forward its own
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re.commemnda.tions.. to the. Plannin9 Department for consideration. •
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(c ) Notwithstanding any provision to the contrary, a
requirement for . off-street parking in conformity with •
article 1, division 11 of this chapter, may be imposed by the
HRA for any new construction on heretofore vacant land or for
redevelopment projects (demolition of existing structures on
existing property ) deemed to have a significant impact on
available parking within the area. In- such cases, in lieu of
providing the off-street parking, payment of a parking
assessment 'fee may be made . ' The fee shall be determined by the
HRA and shall be based on the total cost of acquiring the land
for one space plus the cost of designing and constructing the
space multiplied by the number of parking spaces not provided.
The payment of the fee shall be a condition of
plan approval . Payment of the fee shall be made to the
director of finance for deposit into the CDH district parking
fund. Fees collected and any interest earned thereon shall be
used for the acquisition, expansion and improvement of parking
facilities for the benefit of the CDH district . Any funds not
expended or encumbered within ten years from the date of
payment shall be returned to the fee payor along with interest
earned thereon.
(d.) There is hereby established a special parking
fund entitled the CDH: district parking' fund to be maintained by
the: director of finance. • •
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(e ) If a parking improvement district is formed and
implemented, all fees paid pursuant to subsection (c ) of this
section shall be credited towards the cost of improvements
assessed against the property benefited . Where the amount paid
exceeds the portion of the cost of improvements assessed
against the property, the difference shall be refunded to the
owner of the property.
(f ) The development of parking facilities. within the
CDH district shall be in accordance with the program
established in the Downtown Hilo Redevelopment Plan,
February 1985 .
SECTION 2.. Section 25-80 (a) , Hawaii County Code 1983 , is
amended to read aa follows :
"'Section 2.5-80 . Designation of. districts .
(a) The land use districts of the County shall consist of
the following districts :
(1) RS , single family residential districts
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(article 4 ) .
( 2 ) RD, double family residential districts
. (article 5 ) ..
( 3 ) RM, multiple family residential districts
-(.a.rticle. 6 ). ..
( 4.) RA, residential and agricultural districts-
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(article, T) ..
( 5 ). A,. agricultural distri-c.ts' (article 8 )
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