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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 ZONE MAP CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL – 10,000 SQUARE FEET
(RS-10) TO NEIGHBORHOOD COMMERCIAL – 10,000 SQUARE FEET (CN-10) AT WAIĀKEA, SOUTH HILO, HAWAIʻI, COVERED BY TAX MAP KEY: 2-2-036:113.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
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 Waiākea, South Hilo, Hawai‘i, shall be Neighborhood Commercial – 10,000 square feet (CN-10):
Beginning at the Northeast corner of this parcel of land and Southeast corner of Lot 12-A and on the West side of Manono Street, the coordinates of said point of beginning referred to
Government Survey Triangulation Station “HĀLA‘I”, being 2,403.00 feet South and 9,083.00 feet East, thence running by azimuths measured clockwise from true South:
1. 0° 00ʹ 100.00 feet along the West side of Manono Street;
2. 90° 00ʹ 195.00 feet along Lot 16-A and 16-B, being portions of Lot 16, Block 26 of Waiākea House Lots, 1st Series and Grant 8678 to Esther Kahawai;
3. 180° 00ʹ 100.00 feet along Lot 13, Block 26 of Waiākea House Lots, 1st Series, Grant 8704 to Sanuske Onishi;
4. 270° 00ʹ 195.00 feet along Lot 12-A, being portions of Lot 12, Block 26 of Waiākea House Lots, 1st Series and Grant 8703 to Herman N. Kamai to the point of beginning and containing
an area of 19,500 square feet, more or less.
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:
Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or
Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to:
Protection of the public from the potentially deleterious effects of the proposed use, or
Fulfillment of the need for public service demands created by the proposed use.
A. The applicant(s), its successor(s), or assign(s) (“Applicants”) shall be responsible for complying with all of the stated conditions of approval.
B. Prior to the issuance of a water commitment by the Department of Water Supply (DWS), the Applicants 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. A water commitment deposit shall be paid to the DWS in accordance with Rule 5 of the Department of Water Supply’s Rules and Regulations. The Applicants are responsible
for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full.
C. The Applicants shall construct necessary water system improvements as required by the Department of Water Supply (DWS), which includes, but may not be limited to, the installation
of a reduced pressure type backflow prevention assembly, within 5 feet of the meter on private property, meeting with the approval of DWS.
D. Construction of the proposed development shall be as substantially represented by the Applicants, or as permitted by the zoning district classification, and shall be completed within
five (5) years from the effective date of this ordinance. 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 this ordinance. To justify this tolling, the Applicants 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.
E. Prior to construction, Applicants 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 structure(s), paved driveway access and 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 properties in accordance with the requirements of Planning Department’s Rule
No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawai‘i County Code.
F. All earthwork and grading activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawai‘i County Code.
G. Access from Manono Street shall be restricted to one (1) driveway access point. If required by the Department of Public Works (DPW), the Applicants will be required to install new
striping for the middle lane divider fronting the subject property on Manono Street, subject to the approval of the DPW, prior to issuance of a Certificate of Occupancy for any commercial
use.
H. All driveway connections and construction within Manono Street shall conform to Chapter 22, County Streets, of the Hawai‘i County Code. Driveway access plans shall be submitted for
the review and approval of the Department of Public Works and shall include the provision of adequate site distances. The required and/or appropriate mitigation(s) shall be in place
prior to issuance of a Certificate of Occupancy for any commercial use.
I. All development-generated runoff shall be disposed of onsite and shall not be directed toward any adjacent properties. Additionally, a drainage study shall be prepared prior to Plan
Approval, and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works, Engineering Division, prior to the issuance of a Certificate
of Occupancy.
J. All uses on the subject property shall be served by the public sewer in accordance with Section 21-5 of the Hawai‘i County Code.
K. Should the Applicants develop residential units on the subject property, the Applicants shall make its fair share contribution to mitigate the potential regional impacts of the development
with respect to parks and recreation, fire, police, solid waste disposal facilities and roads for the additional residential units to be created.
The fair share contribution shall become due and payable prior to receipt of Final Plan Approval, and shall be based on the actual number of additional residential units created. 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 combined value of $11,018.76 per multiple family residential unit. The total amount shall be determined with the actual number of residential units according to the calculation and
payment provisions set forth in this condition. The fair share contribution per multiple family residential unit shall be allocated as follows:
1. $5,435.24 per multiple family residential unit to the County to support park and recreational improvements and facilities;
2. $171.78 per multiple family residential unit to the County to support police facilities;
3. $528.42 per multiple family residential unit to the County to support fire facilities;
4. $235.52 per multiple family residential unit to the County to support solid waste facilities; and
5. $4,647.80 per multiple family residential unit to the County to support road and traffic improvements.
In lieu of paying the fair share contribution, the Applicants 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 pursuant to Section 2-162.1(a) of Hawai‘i County Code.
L. 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.
M. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the Applicants 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.
N. 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 Applicants 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 finds that sufficient mitigation measures have been taken.
O. The Applicants shall comply with all applicable County, State and Federal codes, laws, rules, regulations, and requirements.
P. An initial extension of time for the performance of conditions within this ordinance may be requested in accordance with Section 25-2-44, subsections (c) and (d), of the Hawaiʻi County
Code.
Q. If any 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 Hawai‘i County Code,
the planning department shall inform the Applicants 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.
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 HAWAI‘I
_______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: