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BILL NO. 89
ORDINANCE NO. 22 1
AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI`I COUNTY CODE 1983 (2016
EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO INDUSTRIAL—
COMMERCIAL MIXED—20,000 SQUARE FEET (MCX-20) AT WAIAKEA HOUSELOTS,
WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-035:049, AND
096.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawai`i
County Code 1983 (2016 Edition, as amended) is amended to change the district classification of
property described hereinafter as follows:
The district classification of the following area situated at Waiakea Houselots,
Waiakea, South Hilo, Hawai`i, shall be Industrial-Commercial Mixed Districts—20,000
square feet (MCX-20):
Beginning at the southwest corner of this lot and the northeast corner of
Keuanao`a andKalanikoa Streets (formerly Avenues), the coordinates of said point of
beginning referred to Government Survey Triangulation Station"HALAI"being
1,763.00 feet South and 10,629.00 feet East, as shown on Government Survey Registered
Map 2566, and running by azimuths measured clockwise from True South:
1. 180° 00' 00" 100.00 feet along the east side of Kalanikoa
Street;
2. 270° 00' 00" 223.00 feet alongLot 13, Block
23;
3. 360° 00' 00" 100.00_ feet along Lot 16, Block 23;
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4. 90° 00' 00" 223.00 feet along the north side of
Keuanao`a Street to the point of
beginning and containing an area of
22,300 square feet.
All as shown on the map attached hereto,marked Exhibit "A" and by reference
made a part hereof
SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2016
Edition, as amended), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
A. The applicant, successors or assigns ("Applicant") shall be responsible for
complying with all of the stated conditions of approval.
B. Construction of the proposed development, as substantially represented by the
Applicant, or as permitted by the zoning district classification, shall be completed
within five (5) years from the effective date of this ordinance. Prior to
construction,the Applicant shall secure Final Plan Approval for the proposed
development from the Planning Director in accordance with Section 25-2-70,
Chapter 25 (Zoning Code), Hawai`i County Code. Plans shall identify all existing
and/or proposed structures,paved driveway access and paved parking stalls
associated with the proposed development. Landscaping shall be indicated on the
plans for the purpose of mitigating any adverse noise or visual impacts to adjacent
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properties in accordance with the requirements of Planning Department's Rule
No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawai`i
County Code.
C. The Applicant shall secure Final Consolidation Approval for consolidation of the
two (2) subject parcels within one (1)year of the effective date of this ordinance
or prior to the issuance of Final Plan Approval, whichever occurs first.
D. Prior to commencement of the proposed office use within the existing single-
family dwelling, the Applicant shall secure and finalize all required building
permits from the Department of Public Works Building Division, including a
change of use building permit to convert the dwelling to an office.
E. Prior to the issuance of a water commitment by the Department of Water Supply
(DWS), the Applicant shall submit the anticipated maximum daily water usage
calculations as prepared by a professional engineer licensed in the State of
Hawai`i to the DWS. The required water commitment payment shall be submitted
to the Department of Water Supply in accordance with its "Water Commitment
Guidelines Policy"prior to the issuance of Final Plan Approval. The Applicant is
responsible for maintaining valid water commitments to support the proposed use
until such time that required water facilities charges are paid in full.
F. The Applicant shall install a reduced pressure type backflow prevention assembly
within five (5) feet of the existing water meter and any additional water meters on
private property, which must be inspected and approved by the Department of
Water Supply.
G. The Applicant shall implement any improvements required by the Fire
Department and/or Department of Water Supply to ensure that fire protection
requirements can be met for Industrial-Commercial Mixed zoning.
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H. Prior to issuance of a Certificate of Occupancy for any industrial or commercial
use on the property, the Applicant shall provide improvements to the subject
property's entire Kekuanao`a Street and Kalanikoa Street frontages consisting of,
but are not limited to, pavement widening with concrete curb, gutter, and
sidewalk, drainage improvements, and any required utility relocation, that shall
meet the requirements of the Americans with Disabilities Act and shall be
approved by the Department of Public Works. The improvements shall be located
within the future road widening setback established in this ordinance.
A ten (10) foot wide future road widening strip along the property's Kekuanao`a
Street frontage and a five (5) foot wide future road widening strip along the
property's Kalanikoa Street frontage shall be subdivided and dedicated, at no cost
to the County, prior to issuance of Certificate of Occupancy for any industrial or
P Y
commercial use on the property.
J. The Applicant shall provide a minimum 20-foot corner radius (property line) at
the intersection of Kekuanao`a Street and Kalanikoa Street incorporating the
future road widening setbacks prior to issuance of Certificate of Occupancy for
any industrial or commercial use on the property.
K. Access to the project site shall be limited to right-turn in, right-turn out
movements at Kekuanao`a Street and full movements at Kalanikoa Street and
shall meet with the approval of the Department of Public Works. All driveway
connections to Kekuanao`a Street and Kalanikoa Street shall meet the
requirements of Chapter 22 (County Streets), Hawaii County Code.
L. The Applicant shall be responsible for the design, purchase, and installation of
streetlights and traffic control devices as may be required by the Traffic Division,
Department of Public Works.
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M. Should the Applicant develop a land use which the Planning Department, in
consultation with the Department of Public Works, determines will generate over
50 peak hour trips, a Traffic Impact Analysis Report(TIAR) shall be submitted
for review and approval by the Department of Public Works prior to Final Plan
Approval. The Applicant shall implement, when required by the Department of
Public Works, at no cost to the County, any transportation system improvements
to Kekuanao`a Street and Kalanikoa Street that may be deemed necessary by the
Department of Public Works.
N. All development-generated runoff shall be disposed of on site and not directed
toward any adjacent properties. A drainage study shall be prepared by a
professional civil engineer licensed in the State of Hawai`i and submitted to the
Department of Public Works prior to issuance of Final Plan Approval. Any
recommended drainage improvements, if required, shall be constructed meeting
with the approval of the Department of Public Works prior to receipt of a
Certificate of Occupancy.
O. All earthwork and grading activity shall conform to Chapter 10, Erosion and
Sedimentation Control of the Hawaii County Code.
P. In the event that surface or subsurface historic resources, including human
skeletal remains, structural remains (e.g. rock walls, terraces, platforms, etc.),
cultural deposits, marine shell concentrations, sand deposits, or sink holes are
identified during the demolition and/or construction work, the Applicant shall
cease work in the immediate vicinity of the find, protect the find from additional
disturbance and contact the State Historic Preservation Division at (808) 933-
7651. Subsequent work shall proceed upon an archaeological clearance from
DLNR-SHPD when it finds that sufficient mitigation measures have been taken.
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Q. To ensure that the Goals and Policies of the Housing Element of the General Plan are
implemented, the Applicant shall comply with the requirements of Chapter 11,
Article 1, Hawai`i County Code relating to Affordable Housing Policy. This
requirement shall be approved by the Administrator of the Office of Housing and
Community Development prior to Final Plan Approval.
R. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for
imposition of exactions or the assessment of impact fees,conditions included herein
shall be credited towards the requirements of the Unified Impact Fees Ordinance.
S. The Applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
T. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Director upon the following circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the Applicant and that are not the
result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension shall be for a period not to exceed the period originally
granted for performance (i.e., a condition to be performed within one year
may be extended for up to one additional year).
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5. If the Applicant should require an additional extension of time, the
Planning Director shall submit the Applicant's request to the County
Council for appropriate action.
U. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the subject area to its
original or more appropriate designation.
SECTION 3. 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.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Kona , Hawai`i
Date of Introduction: December 8, 2021
Date of 1st Reading: December 8, 2021
Date of 2nd Reading: December 22, 2021
Effective Date: January 11, 2022
REFERENCE Comm. 473
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MCX-20 R5-10 ML-10 MCX-20
• RS-10
MCX-20 0 ML-20
N MCX-20 OPEN
R5-10 R5-10
O
MCX-O Z ML-20
ML-20
RS- 0 R5-10 MCX-20
1
R5-10
1,763 00'S
10,629.00'E
MCX-20 ML-20
w
KEKUANAOA ST w
0
R5-10 CN-10 R5-10 MCX-20 ML-20
CN-10
R5-10
SINGLE-FAMILY RESIDENTIAL,
TEN-THOUSAND SQUARE FEET(RS-10)TO
INDUSTRIAL-COMMERCIAL MIXED,
TWENTY-THOUSAND SQUARE FEET(MXC-20)
22,300 SQ.FT. MCX-20
R5-10
R5-10
CN-10
0
U
R5-10 RS 10 MCX-20 2 ML-20
111.1 •Imi Feet
0 200 400 600 800 1,000
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP)ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAI'I COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE-FAMILY RESIDENTIAL, 10,000 SQUARE FEET (RS-10) TO
INDUSTRIAL-COMMERCIAL MIXED, 20,000 SQUARE FEET (MCX-20)
AT WAIAKEA HOUSELOTS, WAIAKEA, SOUTH HILO, HAWAI'I
MAP PREPARED BY:
TMK:(3)2-2-035:049 and 096 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:June 30,2021
EXHIBIT"A" Leila Shimizu
Map: 1426
COUNTY CLERK
OFFICE OF THE COUNTY CLERK CO-UNTY OF HAWAII
County of Hawai`i
Kona, Hawai`i zenZ j :j Phi 12 55
Introduced By: Ashley L. Kierkiewicz (B/R) ROLL CALL VOTE
Date Introduced: December 8, 2021 AYES NOES ABS EX
First Reading: December 8, 2021 Chung X
Published: December 17, 2021 David X
Inaba X
REMARKS: Kaneali'i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Richards X
Villegas X
Second Reading: December 22, 2021 7 0 2 0
To Mayor: January 3, 2022
Returned: January 13, 2022 ROLL CALL VOTE
Effective: January 11, 2022
AYES NOES ABS EX
Published: January 28, 2022
Chung X
REMARKS: David X
Inaba X
Kaneali'i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Richards X
Villegas X
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
-741 COUNCIL CHA +=
gd/Disapproved this day
of J an(,/, , 20 . CO RK
.j ) 89
�.._..._ Bill No.:
MAYOR, COUNTY OF HAWAII C-473/PC-34
Reference:
Ord No.: 22 1