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Home My WebLink AboutCOM 0155.006 2006-2008 tv,w ~;4` r=: "'!u~, Mailing Address: STACY K. RIGA (Former Caunty Building) Council Member ,i~ 25 Aupuni Srreet District4 Hilo, Flawai'i 96720 ~>t'or wig PHONE: (808) 961-8396 Business Address: FAX: (808) 961-8912 333 Kilauea Avenue, 2nd F'[oor EMAIL: shiga(~co.hawaii.hi.us Ben Franklin Building Hilo, Hawaii 96720 HAWAI `I COUNTY COUNCIL June 1, 2007 MEMORANDUM TO: Pete Hoffmann, Council Chair And Members of the County Council FROM: Stacy K. Higa, Council Member SUBJECT: Proposed Amendment to Bi11326, Draft 3 -University District: An Ordinance Amending Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition, As Amended), Relating to a University District. Attached for your consideration is a proposed amendment to Bi11326, Draft 3. The following ramseyered text shows the differences between this proposed draft and the existing Draft 3. 1. Amend the last sentence of SECTION 1. "Purpose and intent": The establishment of a "University" special district for lands that are currently under the control and authority of a university or college pursuant to conveyance executive order, or other disposition will provide greater flexibility in establishing a mix of uses which are intended to enhance the campus environment of a university or college. 2. Add a New SECTION 3. Section 25-3-2, paragraphs 1-5, are existing language within the County Code. Paragraph 6 is proposed to be added. Section 25-3-2 and paragraphs 1-5 are not underlined within the proposed amendment to indicate existing language within the County Code. The new section 25-3-2 will read as follows: SECTION 3. Section 25-3-2 "Designation of special districts "Hawaii County Code 1983 (2005 Edition as amendedl is amended as follows: "Section 25-3-2 Designation of special districts. The special zonino districts of the County shall consist of the following: (1) Kailua Village design commission (article 7, division 1). (2) CDH Downtown Hilo commercial district (article 7, division 2). (3) Geothermal subzone districts (article 7, division 3). (4) PD Proiect districts (article 6, division 41. Comm. No. Ref. To: hae~t Ref. Date SUN 1 2001 Hawaii County is an Equal Opportunity Provider and Employer. Pete Hof&nann, Council Chairperson June 1, 2007 Page 2 (5) APD Aericultural oroiect districts (article 6, division 5). (6) UNV University district (article 7, division 3. Change SECTION 3 to SECTION 4. Chapter 25, Article 7, "Special District Regulations 4. In new SECTION 4, "Designation of UNV districts "paragraph shall read.• Section Designation of UNV districts [p',ash} The UNV (University) district shall be designated by the symbol "UNV." Any buildine site or other land under the authority and control of a university as of June 1 2007 shall automatically be redesignated as a UNV district. The redesignation provided for under this subsection shall occur immediately unon adoption of this section without any action rectuired on the part of a universrtv. The director shall cause all zone mates and the zoning map to be corrected to reflect the redesignation described in this subsection. A copy of this bill that incorporates the proposed amendment is attached. Proposed amendments to Bi11326, Draft 3 are bolded for illustrative purposes, to highlight those proposed changes to Bi11326, Draft 3. SKH/adr Attachment AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO A UNIVERSITY DISTRICT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION I Purpose and intent. In addition to educational functions, such as learning and reseazch programs and facilities, university and college campuses generally include a variety and mix of other uses which serve the university or college community and which enhance the overall educational experience provided by a university or college. As such, university and college campuses should be treated distinctly from other zoning districts. Universities and colleges are valuable educational and research resources of the County of Hawaii, and present provisions for zoning limit their ability to provide a complete and conducive campus environment and sense of community on campus. The establishment of a "University" special district for lands that are currently under the control and authority of a university or college pursuant to conveyance executive order, or other disaosition will provide greater flexibility in establishing a mix of uses which are intended to enhance the campus environment of a university or college. SECTION 2. Section 25-1-5, "Definitions," Hawaii County Code 1983 (2005 Edition, as amended), is amended by adding a new definition to be appropriately inserted and to read as follows: "University" means a nationally-accredited institution of Sher learning, whether classified as a "university" or a "college" and whether public or private, including community colleges, providing facilities for teaching~reseazch and group learning and authorized to grant academic degrees." SECTION 3. Section 25-3-2, "Designation of special districts," Hawai i County Code 1983 (2005 Edition, as amended), is amended as follows: Section 25-3-2. Designation of special districts. The special zoning districts of the County shall consist of the following: (1) Kailua Village design commission (article 7, division 1). (2) CDH, Downtown Hilo commercial district (article 7, division 2). (3) Geothermal subzone districts (article 7, division 3). (4) PD, Project districts (article 6, division 4). (5) APD, Agricultural project districts (article 6, division 5). 161 UNV University district (article 7, division l." SECTION 4. Chapter 25, Article 7, "Special District Regulations," Hawaii County Code 1983 (2005 Edition, as amended), is amended by adding a new division to be appropriately designated and to read as follows: "Division UNV, University District. Section Pumose and applicability. T'he UNV (University) District shall apply to land that aze utilized for campus- related activities and is intended to apply to azeas for the location and expansion of universities and the uses and facilities that aze associated with and are supportive of them Special consideration of such uses and facilities is appropriate given the unique chazacteristics of universityareas, the variety of uses needed to serve the university community and the varying intensity of land uses in such a community. Section Designation of UNV districts [Isaeh} The UNV (IJniversityl district shall be designated by the symbol "UNV." Anv building site or other land under the authority and control of a university as of June 1 2007 shall automatically be redesignated as a UNV district. The redesignation provided for under this subsection shall occur immediately upon adoption of this section without any action required on the part of a university. The director shall cause all zone maps and the zoning mao to be corrected to reflect the redesignation described in this subsection. Section Permitted uses (al University facilities including classrooms laboratory and reseazch facilities, administration facilities athletic centers and facilities, auditoriums, student centers libraries museums exhibition halls cafeterias, student health clini~_s maintenance facilities and pazking lots. (b) Limited retail and service establishments primazily intended to serve the specific needs of the student population of a university and aze normally associated with higher education institutions including but not limited to, retail stores whose primary customers are students or faculty of a university. convenience stores, theaters restaurants recreational and amusement facilities, drug stores, book stores health clubs news stands photocopying office supplies word processing or r<,,,;no services computer sales and service laundries university credit union, financial institutions post office and video rentals. Such retail and service establishments shall not be used before the commencement of university operations No single commercial establishment shall occupy more than twenty thousand sauaze feet of gross floor space excluding the university book store or cafeteria operations. (c) Dormitories fraternity and sorority houses and apaztments and housing for currently enrolled university students and their dependents and for current university employees and their d~endents (d) Guest accommodations to accommodate visitin¢ scholars and their dependents, 2 parents visiting their children alumni reunions as well as particinannts in conferences and seminazs held at or sponsored by the university. Section Hei t limit The height limit in the UNV district shall be sixty feet. Section Minimum building site area. The minimum land azea required for a district shall be ten acres. The minimum buildin¢ site area for leased lots shall be seven thousand five hundred square feet Section Minimum building site average width. Each buildine site in the UNV district shall have a minimum building site average width of sixty feet. Section Minimum yards. The minimum vazds in the iJNV district shall be as follows: ~a) Front and reaz vazds. twenty feet: and (b) Side ~ ds, ten feet. Section Other regulations. (al Plan approval is reauired for all new structures and additions to existing structures in the UNV district. (bl A maximum of twenty percent of a iJNV district's land area may be in commercial use, includin¢ azp kips. (cl The Plazmine Director has the authority to vary the narking requirements for on-campus housin¢ offices and for pedestrian-oriented commercial uses." SECTION 5. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material and underscoring need not be included. SECTION 6. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect 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 declared to be severable. SECTION 7. This ordinance shall take effect upon its approval. 3