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Home My WebLink AboutORD 2007-104 2006-2008COUNTY OF HAWAII STATE OF HAWAII BILL NO. 3z6 (Draft 3) ORDINANCE NO. 07 104 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 1. Purpose and intent. In addition to educational functions, such as learning and research 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 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, "Defmitions," 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 higher learning whether classified as a "university" or a "college" and whether public or private. including communit~colleees, providing facilities for teaching, research and Group learning and authorized to ¢rant academic degrees." SECTION 3. 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 Purpose and applicability, The UNV ~UniversityZDistrict shall a~lv to areas of land that are 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 eiven the unique chazacteristics of university areas, the vazie of uses needed to serve the university community, and the varyin¢ intensity of land uses in such a community. Section Designation of UNV districts. Each UNV (UniversitYl district shall be designated by the symbol "UNV." Section Permitted uses. ja) University facilities including classrooms, laboratoryand reseazch facilities, administration facilities, athletic centers and facilities, auditoriums, student centers, libraries, museums, exhibition halls, cafeterias, student health clinics, maintenance facilities and parkine lots' b~ Limited retail and service establishments primarily intended to serve the specific needs of the studentpopulation of a university and aze normally associated with higher education institutions, including but not limited to, retail stores whose~rimary customers are students or faculty of a university. convenience stores, theaters, restaurants, recreational and amusement facilities, taverns, drug stores, book stores, health clubs, news stands, photocopying, office supplies, word orocessing_or typina, services, computer sales and service, laundries, university credit union, financial institutions post office and video rentals. Such retail and services establishments shall not be used before the commencement of university operations. No single commercial establishment shall occupy more than twenty thousand squaze feet of Bross floor space, excludine the university book store or cafeteria operations. (c) Dormitories, fraternity and sorority houses, and apartments and housing for currently enrolled university students and their dependents and for current university employees and their dependents. (d) Guest accommodations to accommodate visiting scholars and their dependents, parents visiting their children, alumni reunions, as well as participants in conferences and seminars held at or sponsored by ~e 2 university. Section Height limit. The height limit in the UNV district shall be sixty feet. Section Minimum building site azea. The minimum land area required for a UNV district shall be ten acres. The minimum building site azea for leased lots shall be seven thousand five hundred square feet. Section Minimum building site averag width. Each building site in the LTNV district shall have a minimum building site average width of sixty feet. Section Minimum yards. The minimum vazds in the LJNV district shall be as follows: (a) Front and rear yards, twenty feet; and (b) Side yazds, ten feet. Section Other reeulations. (a) Plan approval is required for all new structures and additions to existine structures in the UNV district. L) A maximum of twenty percent of a UNV district's land azea may be in commercial use, including_parking. {c) The Planning Director has the authority to vary the parking requirements for on-campus housing, offices and for pedestrian-oriented commercial uses." SECTION 4. 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 5. 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 6. This ordinance shall take effect upon its approval. INTRODUCED BY: _~~ OUNC EMBER, COUNTY OF HAWAII Hilo ,Hawaii Date of Introduction: May 2, 2007 Date of 13` Reading: May 2 , 200 7 Date of 2nd Reading: July 10, 2007 Effective Date: August 1, 2007 REFERENCE: Comm. , 155.4 _ OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Introduced By: Stacy K. Higa Date Introduced: MaY 2, 2 0 D 7 First Reading: May 2, 2007 Published: N/A REMARKS: May 16, 2007 - Held over pursuant to Council Rule 25 (e) June 1, 2007 - Postponed Second Reading: July 10, 2007 To Mayor: July 18, 2007 Returned: August 1, 2007 Effective: August 1, 2007 Published: August 10. 2007 REMARKS: I DO HEREBY CERTIFY that the foregoing BILL was indicated above. APPROVED AS TO FO AND LEGALITY: DEPUT E CORPORATION C U SEL COUNT Y OF HAWAII Date ~~06 /o `7 ..~ 326 (Draft 3)(2004-2006) Bill No.: Approv Disapproved thrs ~ ~ day of il~-S , 20 0~__. ~YOR, C ~PO HAWAI7 Reference: C-155.4/PC-27 OrdNo.: 0~ '~,04 XtC'trvc{~ i7ms_ ~:3_~ fly?.-,- Br_ County CouncN ~`"' ROLL CALL VOTE AYES NOES ABS EX Ford X Higa X Hoffmann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X ~ 8 1 0 0 ROLL CALL VOTE AYES NOES ABS EX Ford X Higa X Hoffmann X Ikeda X I Jacobson X Naeole X Pilago X I Yagong X i Yoshimoto X 6 2 1 0 i the County Council published as Ordinance Number 07-104 I hereby certify that the following Ordinance passed second and final reading at the meeting of the County Council on July 10, 2007, by vote, as listed below: Ordinance 07-104 (Bi11326, Draft 3)(2004-2006): An Ordinance Amending Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to a University District. AYES: Council Members Higa, Naeole, Pilago, Yagong, Yoshimoto, and Chairman Hoffmann - 6; NOES: Council Members Ford and Jacobson - 2; ABSENT: Council Member Ikeda-1; EXCUSED: None. Casey`.1 ~~~J County Clerk (Hawai`i Tribune-Herald -August 10, 2007) (West Hawaii Today-August 10, 2007) Note: The original DigestlAffidavit is attached. Servirsg the Interests of the People afOur Island Hawat'i County is an Egual Opportunity Provider and Employer