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Home My WebLink AboutORD 1996-116 1994-1996 C®LJN`I'~ ~-I~i~~:;~I ~'~`AT O~ I~AW1~I~ ~IL,L NO. 315 (Draft 6) OIZI~INANC~ NO. a'~~ AN ORDINANCE REPEALING ORDINANCE 217 RELATING TO THE KAILUA VILLAGE DESIGN PLAN AND AMENDING CHAPTER 25 OF THE HAWAII COUNTY CODE RELATING TO THE KAILUA VILLAGE DESIGN COMMISSION. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Findings and Purpose. The Kailua Village Design Plan was adopted by the Council on July 7, 1976 and became effective on July 17, 1976 by Ordinance No. 217 which established a more detailed program for implementing the General Plan within the Kailua Village area. In 1987 a contract was awarded to update the existing Kailua Village Design Plan and to prepare a parking study for Kailua Village. The draft plan was completed but was never submitted to the Planning Commission or to the Council for approval. The State Legislature appropriated funds for the preparation of a Master Plan for Kailua- Kona which would include a study of traffic patterns, planning for future roadways, discussion of seawall and beach beneath the seawall, and types of development which would be appropriate for the Kailua Village area. A draft Master Plan for Kailua-Kona, dated April 1994, was prepared by R.M. Towill Corporation and was recommended favorable adoption to the Council by the Kailua Village Master Plan Task Force, the Kailua Village Design Commission, the Planning Department and the Planning Commission with amendments. Therefore, because the Kailua Village Design Plan is outdated and is to be replaced by the Master Plan for Kailua-Kona upon its adoption by the Council resolution, the purpose of this ordinance is to repeal Ordinance No. 217, amend the boundaries for the Kailua Village Special District and amend the make up of the Kailua Village Design Commission. SECTI01v12. Ordinance 217 is hereby repealed. SECTIO1oT 3. Section 25-265 and Section 25-266, Article 24, Chapter 25 (Zoning Code) of the Hawaii County Code is amended as follows: "Section 25-265. Purpose and applicability; boundaries. (a) The purpose of the commission under this article is to advise the planning department in matters concerning the design of buildings and structures and all public and private improvements within Kailua Village. Kailua Village as used herein means that area bounded by the following: (1) Beginning at a point on the shoreline approximately four thousand feet west of the old Kailua wharf, mauka along the west boundary of TMK: 7-5-05:10 and 68 to the northwest corner of TMK: 7-5-05:68; (2) Southeast and east along the mauka boundary of the existing RS-15 zone to the [southwest comer of TMK: 7-5-05:62] west l~ounda~ry of Kaiwi Street extension mauka i i i h I n w sid h i u I u tri 1 divi 'on r s i n w i 0 ma i 1 d in a t in th n i wa th a i r; -2- [(3) Mauka along the west side of the existing V-.75 and CV-10 zones to Kuakini Highway; (4) Mauka, crossing the Kuakini Highway and along the west side of the existing CV-10 and open zones to the makai side of the Queen Kaahumanu Highway;] [(5)] Southwest along the makai side of the Queen Kaahumanu Highway and its extension to the south side of the Kona Hillcrest Subdivision; ~4 [(6)] Makai along the south side of the Kona Hillcrest Subdivision and along the south side of the pazcels described as TMK: 7-5-30:23 and 24 to Kuakini Highway; ~5 [(7)] Makai, crossing Kuakini Highway along the south side of the parcels described as TMK: 7-5-18:1, 4, and 61, and TMK: 7-5-19:18 to the shoreline; ~[(8)] North along the shoreline to the point of beginning and containing an azea of approximately eight hundred twenty-five acres and as delineated on the map attached to Ordinance No. 628 (1974), as amended by Ordinance No. 630 (1974). Section 25-266. Commission membership; appointment; term. (a) The design commission shall consist of nine members who shall be appointed by the mayor with the approval of the council. The members shall be representative of the Kona district, provided that a majority of the appointive members shall have lived or worked in the Kailua Village for a minimum of two years prior to this appointment. [The commission shall also reflect across-section of labor, business including tourism and agriculture, and the Village's property owners interests. There shall also be at least one person with a design background and one person with a historical knowledge background on the commission.] The st9m~7is~iQn m tuber h 11 i d 2 d si n f s 'on r e azchi sand/ r land c -3- azchitectsl. two l21 members with back ounds in building~construc ion and/or engineerir~, two (21 members with knowledge about historic Kona its cul ral values and resources and the r~mainin~ three 31 members representi,~. lg~al business or nro Awner.~ (b) The members shall serve staggered terms of three years[, provided that of the first members appointed after February 24, 1987] Upon the initial appointment o the com nission three shall serve for term of one year, three fora rm two yeazs, and three for a~erm of three years. When the term of a member expires, [he] the mem er 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 yeaz or less may be reappointed for an additional term without the passage of two years time. axe cept as rovided for in this section the corri5sign shall a ~gQvern bathe I-Iawaii C~unt3r harter.~" SECTION 4. Material to be repealed is bracketed. New material is underscored. When revising, compiling or printing this ordinance for inclusion in the Hawaii County Code, the revisor of ordinances need not include the brackets, the bracketed material or the underscoring. SEC'T'ION 5. Severability. If any provision of this ordinance, or the application thereof to 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 or application, and to this end the provisions of this ordinance are severable. -4- SECTION 6 . This ordinance shall take effect upon its approval. INTRODUCED Y: COUNCIL ME ER, COUN Y OF HAWAII Hilo, Hawaii Date of Introduction: Septc~nber 6, 1996 Date of 1st Reading: Sept~nber 6, 1996 Date of 2nd Reading: Sept~nber 18, 1996 Effective Date: Sept~nber 26, 1996 APPROVED AS TO FORM AND LEGALITY r;~;~UTy CORPORATION COUNSEL DATE SEP 2 ~ 1996 -5- _ OFFICE OF TI€E COUNTY CL,EItK County of I~iawaii _ r r f Hilo ,Hawaii ~ - ~ DRAF~Y'"4y'~~ 11 ~ Q~ U F r f , _ .IBOLL C.yI~L~Y~~ C ~ ~I N T 7' ~'FE4~:', ~ :`DES ABS EX Introduced By: Takashi Domingo X Date Introduced: September 6, 1996 Easle First Reading: September 6 , 199 6 Y X Published: N/A Childs X De Lima X REMARKS: Doaningo X Osorio X Van De Car X ~Y X Smith X 6 1 2 0 (DRAFT 6) ROLL CALL VO'L'E Second 1Zeading: September 18, 1996 AYES NOES ABS Ex To Mayor: September 18. ~99~ Arakaki X Returned: September 26, 1996 Effective: member ~b~ ~9~6 rely X Published October 4, 1996 Chalds X De Lama REMARKS: Domingo X Osoazo X Van De Car X Ray X Sanith 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL aa~as adopted by the County Council and published as indicated above. COUNCIL R1diAN COUNTY CLERK Approved/ this day of s~ ~ ,19 OR, CO O HAWAII Bill No.: 315 (Draft 6 ) Reference: C-1337/I?C-143 Ord. No.: