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Home My WebLink AboutORD 2025-023 2024-2026COUNTY OF HAWAI`I ORDINANCE NO. STATE OF HAWAI`I 25 23BILL NO. 15 (DRAFT 2) AN ORDINANCE AMENDING ORDINANCE NO. 16 85 WHICH AMENDED ORDINANCE NO. 06 114, WHICH AMENDED SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) 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 GENERAL COMMERCIAL — 20,000 SQUARE FEET (CG-20) AT WAIAKEA HOUSE LOTS, HAWAI`I, COVERED BY TAX MAP KEY: 2-2-034:066, 078 & 079. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: SECTION 1. Section 2 of Ordinance No. 16 85 is amended as follows "SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 2( 016 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 applicantW, successorks) or assigns) ("applicant") shall be responsible for -1- complying with all of the stated conditions of approval. B. The applicant shall construct necessary water system improvements as required by the Department of Water Supply (DWS), which may include, but not be limited to, the installation of a reduced pressure type backflow prevention assembly and improvements to meet DWS' commercial zoning fire flow standard of 2,000 GPM at the site for fire protection. 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. The applicant shall comply with all other applicable DWS policies and requirements. C. Construction of the proposed improvements shall be completed within eight (8) years from the effective date of this amended ordinance. [This with the Zeiiing Code. Plans shall identify pr-oposed struetdr-e(s), fire pr-Oteefie.n. ifidieated e the ..laps f the puTese f. ifig.,ting . petefAial a..o. � r with the requirements of Planning Depattment's Rule No. 17 (handse � i - ]The time during which required plans, reports, studies, or relevant permit applications are under review for approvals by government agencies shall not count towards the deadline established in the ordinance. To justify this tolling, the applicant shall provide evidence of the excluded time period to the planning department for its review and approval, which shall consist of dates obtained from a government agency website, permitting program, or office indicating when the required plans, reports, studies, or permit applications were submitted, approved, denied, or returned by the government agency, D. The applicant shall secure Final Plan Approval from the Planning Director in accordance with the Zoning Code. Plans for any new improvements shall identify -2- proposed structure(s), fire protection measures, access roadway, driveway and parking stalls. Landscaping shall be indicated on the plans for the pu orosse of mitigating any potential adverse noise or visual impacts to adjoining parcels. Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). fD4 E. A five -foot -wide future road widening strip along the Hinano Street and Laukapu street frontages and a 10-foot-wide future road widening strip along the Kekuanao`a Street frontage shall be subdivided and dedicated to the County [.,>ithi, eight (8) years from the off etiye date f thisamended or-dinaiiee e ] Prior to issuance of occupancy permits for the [pr-epesed] further development[; „hiehe..o, ] of the property. [E-. ] F. The applicant shall provide full improvements to the project's frontage along Kekuanao`a Street and Laukapu Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting with the approval of the Department of Public Works[;within eight (9) years f the eff etiye ,ate of this „aoa efdinanee a ] prior to issuance of occupancy permits for the [prepesed] further development[, .,°hiehever is sooner-] of the property. The improvements shall be located within the future road widening setback. [F-7] G. The applicant shall [P]provide a minimum 20-foot corner radius (property line) at the intersection of the future road widening setback lines along Kekuanao`a Street and Laukapu Street. The applicant shall [P]provide a 33-foot corner radius (conforming to the back edge of the existing sidewalk) at the intersection of the future road widening setback lines along Kekuando`a Street and Hinano Street [,,,ithii. eight (9) years from the e ff-eetive date f this afneiided,,,.a;,,, -Ree ef] prior to issuance of occupancy permits for the [prepesed] further development[; wiehever- is seener-I of the property. -3- [] H. Access shall be prohibited from Kekuanao`a Street, except for access to the two existing homes until they are demolished. [H-.] I. The applicant shall [I]install streetlights and traffic control devices as required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. L. J. Should the applicanto, successor�s� or assigns) 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 applicants) shall implement, when required by the Department of Public Works, at no cost to the County, any transportation system improvements to Laukapu Street, Hinano Street, or Kekuanao`a Street that may be deemed necessary by the Department of Public Works. [3:] K. Any existing and/or proposed structures shall connect to the public sewer in accordance with Section 21-5 of the Hawaii County Code prior to issuance of a Certificate of Occupancy. [K—. ] L. If required by the Director of the Department of Environmental Management, the applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Prior to the issuance of a Certificate of Occupancy, the applicant shall provide such sewer line or other facility improvements as the Director of the Department of Environmental Management may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the development. -4- [6] M. All development -generated runoff .shall be disposed of on -site and shall not be directed toward any adjacent properties. A drainage study shall be prepared [and the ro raoa a,..,;rage system shall be e rstfuetoa,] by a professional civil engineer licensed in the State of Hawaii and submitted to the Department of Public Works prior to issuance of a construction hermit. Anv recommended drainageimprovements, if required, shall be constructed meeting the approval of the Department of Public Works prior to the receipt of a certificate of occupancy. [M-.] N. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. [N-.] O. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. immediate area shall eease a -Rd the DepaFtment of Land and Nattir-al Reseiir-ees State Histefie Pr-esei=vatien Division (DLNR SHPD) shall be immediately notified. Subsequent work shall pr-eeeed tipeR an a-Fehaeolegieal elear-anee ftem the DLNR CHPD when ;t finds that s f fieie t ,Y,;t;g t;.,,-..Y s have been tom] 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 Department of Land and Natural Resources -State Historic Preservation Division (DLNR-SHPD) at (808) 933-7651. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it -5- finds that sufficient mitigation measures have been taken. [] Q, 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. [Q ] R. 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 for any new residential structures. [RL.] S. If the applicant(s), successors, or assigns develop residential units on the subject properties, the applicant(s) shall make its (their) fair share contribution to mitigate the potential regional impacts of the properties with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of [$8,754.58} $11,018.76 per multiple family residential unit ([Q' 3�-o?,1L.-M] $17,171.48 per single family residential unit). The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit (single IN family residential units) shall be allocated as follows: 1. [$4, 18.39] $5,435.24 per multiple family residential unit ([$6,608.08] $8,280.39 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. [$136.48] $171.78 per multiple family residential unit ([$317.371 $399.45 per single family residential unit) to the County to support police facilities; 3. [$41-9:84] $528.42 per multiple family residential unit ([$626.841 $788.96 per single family residential unit) to the County to support fire facilities; 4. [$4"] $235.52 per multiple family residential unit ([$2-74:441 $345.41 per single family residential unit) to the County to support solid waste facilities; and 5. [$3�5] $4,647.80 per multiple family residential unit ([ 5,4�4T] $7,357.27 per single family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. -7- [8--] T. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. [T—.] U. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of enactment of the ordinance. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval have been satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. [U-. ] V. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the Hawaii County Council for appropriate action in accordance with Section 25-2-44, subsection (d), of the Hawaii Coup . Code. W. If anv conditions have not been completed by the deadline, or if a time extension request has not been submitted in accordance with Section 25-2-44(c) of the Hawaii County Code, the Planning Department shall inform the applicant that this ordinance is null and void without further action by the County. In that event, the zoning designation of the property affected by this ordinance shall automatically revert to its immediate prior zoning designation. W;.: .. . .......... NO=, - SECTION 2. Material to be deleted is bracketed and stricken. New material is underscored. In 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: Kona , Hawai`i Date of Introduction: February 5, 2025 Date of 1 st Reading: February 5, 2025 Date of 2nd Reading: February 19, 2025.. Effective Date: March 4, 2025 REFERENCE Comm,--_. UNCIL MEMH R, COUNTY OF H WAI`I W -- - - - - RS•�-_ I RS.ftl-- --ft - RS=t& ' a CN-7.5 W E IRS.7.t L RS-f0 I'i0 RS-10 R5-10 RS-10 RS 10 RS-10 CN-20 — -- RS-10 CN-20 RS-10 �RS-10 RS 10 CG-20 CG-20 _j.10 -- - ML 20 a R M -10 - -_ RS-1D ; RS-10 RS•10 ML-20 0 --r - - - ML•20 RSI10 PARC L "B" SINGLE RESIDENT AL (RS-10) TO GE MRAL 1,900-- - L I'm S — — 10, OE 10 CN-10- _ .J R •-- - - � - _ RS10 V. 17 RS• 0 Rs-fo I a RS 10 RS-10 _ KEKUANAOA 5T I RS 10 RS-10 RS-10 GN f0 - F RS•10 PAR EL "A" "' ' I o - R5-10 � — —_ - a � - L� 9;asiaa a RESIDEN IAL (RS-10) PARC L "G'RS-10 —Silk FAMILI>r -_ - - _f+t uG�9. - TO G � -- - -- COMMER IAL (CG-20) _ RESIDENT AL (114.10)_ 22,30 SQ. TO GE AL (CG-24) a rA RS-10 Rs-f0 RS-10 RS-10 RS-10 1,250 Q - 260 130 0 260 520 7B0 1040 i'3 Feet AMENDMENT TO THE ZONING CODE, AMENDING. SECTION 25-B-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL (RS-10) TO GENERAL COMMERCIAL (GG-20) AT WAIAKEA HOUSE LOTS, FIRST SERIES, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII. Date; December 7, 200 MK 2-2-034:066, 076 8 079 • (Blo Island Candies, Inc ;1188) EXHIBIT "A" FOR REFERENCE ONLY OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawai i Introduced By: Heather L. Kimball (B/R) Date Introduced: February 5, 2 025 First Reading: February 5, 2 0 2 5 Published: February 14, 2025 Second Reading: February 19, 2025 To Mayor: February 27, 2025 Returned: March 4, 2025 Effective: March 4, 2025 Published: March 14, 2025 REM,4RKS: (Draft 2) ..rEnr '.'� 7 f� ROLL CALL VOTE AYES NOES ABS EX Galimba X Hustace X Inaba X Kagiwada X Kaneali`i-Kleinfelder X Kierkiewicz X Kimball X Onishi X Villegas X 9 0 0 0 ROLL CALL VOTE AYES NOES ABS EX Galimba X Hustace X Inaba X Kagiwada X Kaneali`i-Kleinfelder X Kierkiewicz X Kimball X Onishi X Villegas X 9 0 0 0 I DO HEREBY CERTIFYthat the foregoing BILL was adopted by the County Council published as indicated above. tlpprove Disapproved this l day of H On V-\. , 20 aS MA YOR, CO UNTY OF HA WAI `I COUNCIL CHAIRPERSON rem'. =--I A Bill No.: 15 (Draft 2) Reference: C-75.3/LAAC-5 Ord No.: 25 23