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HomeMy WebLinkAboutCOM 1437.005 1984-1988 • tlEI°Pei, ` • at. .�'; HAWAII REDEVELOPMENT AGENCY • • • ;k S • COUNTY OF HAWAII ;°Dpr�•..••y�+►°. 35 WAILUKU DRIVE • HILO, HAWAII 96720 • PHONE (808) 935.9923 OF May 17, 1988 The Honorable Merle K. Lai Councilwoman, County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Councilwoman Lai: Reference, Bill No. 467 to amend Chapter 25, Hawaii County Code, 1983 , by adding a new Downtown Hilo Commercial Zoning District (CDH) . Please find enclosed Bill No. 467 , Draft 3 , the result of study and discussions between the Hawaii Redevelopment Agency, Planning Director and Corporation Counsel. The draft reflects the following changes : ( 1 ) Section 25-281 . The last portion of the sentence that read " . . .provided that all developments over 45 feet shall be subject to HRA approval" has been deleted. REASON: Height limits are included in plan approval by the Planning Department. ( 2 ) Section 25-285 . Paragraph (b) has been deleted in its entirety. The remaining paragraphs in the section have been re-lettered. REASON: Plan approval requirements are stated in Section 25-285 (a) by reference to Article 20 of Chapter 25 . Draft 3 of Bill No. 467 will not add another step in the plan approval process . Approval will remain with the Planning Director and appeals will be directed to the Board of Appeals . Comm. /4L 3 7•6 File No. ill e Z nif Ref. Tos • Ref. Date The Honorable Merle K. Lai Councilwoman, County Council County of Hawaii May 17, 1988 Page Two It is requested that Bill No. 467, Draft 3 , be scheduled for hearing before the Council' s Committee on Planning and sub- sequent consideration by the County Council. Your assistance will be appreciated. Very truly yours, GORDON H. NOBRIGA Manager AP''ROVED: DANTE K. RP TER MAYOR GHN/dd Enclosure cc: Planning Director Corporation Counsel COUNTY OF HAWAII: Y*STATE OF HAWAII • BILL NO. 467 (DRAFT 3 ) 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 Hilo' 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 25-279 . Designation of CDH district. The CDH (downtown Hilo commercial) district shall be designated by the symbol "CDH" . 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 . ( 10 ) Display rooms for products sold elsewhere. ( 11 ) Newspaper, publishing houses , printing shops , cartographer and . duplicating processes such as blueprinting or photostating. -2- (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 . ( 20 ) Broadcasting stations or studios (radio and television) . ( 21 ) Commercial amusement establishments such as bowling alleys, skating rinks , pool halls, etc. -3- ' ( 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 CDH district shall be 120 feet. 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. -4- o . • 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. (b) 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. -5- B , (c) There is hereby established a special parking fund entitled the CDH district parking fund to be maintained by the director of finance. (d) If a parking improvement district is formed and implemented, all fees paid pursuant to subsection (b) 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. (e) 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 as follows : "Section 25-80 . Designation of districts . (a) The land use districts of the County shall consist of the following districts : ( 1) RS, single family residential districts ( article 4 ) . ( 2 ) RD, double family residential districts (article 5.) . ( 3 ) RM, multiple family residential districts ( article 6 ) . ( 4 ) RA, residential and agricultural districts (article 7 ) . ( 5 ) A, agricultural districts (article 8 ) . ( 6 ) IA, intensive agricultural districts ( article 9 ) . ( 7 ) V, resort-hotel districts (article 10 ) . ( 8 ) CO, commercial districts (article 11) . -6- ( 9 ) CN, neighborhood commercial districts (article 12 ) . ( 10 ) CG, general commercial districts (article 13 ) . ( 11 ) CV, village commercial districts ( article 14 ) . ( 12 ) MG, general industrial districts (article 15 ) .. ( 13 ) ML, limited industrial districts (article 16 ) . ( 14 ) 0, open districts (article 17 ) . ( 15 ) U, unplanned districts ( article 18 ) . ( 16 )_ Combining districts ( section 25-81 ) . ( 1975 C.D. , C. 8,art. 2 , sec.1;Am.1975 ,Ord.No. 88 (by implication) . ( 17 ) CDH, downtown Hilo commercial district ( article ) . " SECTION 3 . Section 25-242 (a) . Hawaii County Code 1983 , is amended to read as follows : " (a) No, structure may be erected, no use may be established and no significant development or improvement of structures or of land may be accomplished in RS, V, CO, CV, CN, CG, ML, MG, U, [or] 0, or CDH districts or within seventy-five feet . of the right-of-way of any road, street or highway designated on the zoning map as a tourist route, unless plan approval has first been secured for such structure, use, development or improvement. " . SECTION 4 . Severability. If any provisions of this ordinance, or the application thereof of any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision of application, and to this end the provisions of this ordinance are severable. -7- SECTION 5 . Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 6 . This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -8-