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Home My WebLink AboutORD 2026-025 2024-2026 COUNTY OF HAWAI'I :•S6`" '�'• STATE OF HAWAI`I 4-6;.M� - BILL NO. 130 ORDINANCE NO. 26 25 AN ORDINANCE AMENDING ORDINANCE NO. 09-44,WHICH AMENDED SECTION 25-8-33 (CITY OF HILO ZONE MAP),ARTICLE 8, CHAPTER 25(ZONING CODE) OF THE HAWAI`I COUNTY CODE 1983 (2005 EDITION),BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL—10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL— 10,000 SQUARE FEET (CN-10)AT WAIAKEA HOUSELOTS,WAIAKEA, SOUTH HILO,HAWAI`I, COVERED BY TAX MAP KEY NO. 2-2-034:036. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: SECTION 1. Section 2 of Ordinance No. 09-44 is amended to read as follows: "SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 [(2005 Edition),] (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 applicants, successors or assigns ("Applicant") shall be responsible for complying with all of the stated conditions of approval. B. [ > > rr cc -•t-- t deposit in accexdanee wit 3 �3 D li "t tL, D ,+.,•, t f W t C, pl 'tl,' 1 80 d fro tl e „ff eti J Y err � date ofthis orainance.]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. 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 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. C. The Applicant shall construct necessary water system improvements as required by the Department of Water Supply. D. Tax Map Key 2-2-034:036 and Tax Map Key 2-2-034:045 shall be consolidated prior to issuance of Final Plan Approval for any commerical use on the subject Property. E[&] [Genversien--ef4he-existing-dwellifig-te-effiee--uses--shall-be-eempleted-within-five > > f th r r .l development fro tl,e Pl n g D; u „to .,ce rda .ith � -- c t' 25 2 7n> Ch r i t 25 (Zoning Code1 Hawaii Cou t y roan ]Construction of the proposed development, or other development/use as permitted by the zoning district classification, shall be completed within ten(10)years from the effective date of this amended ordinance. The time during which required plans, - 2 - 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. [Dd [n fve f et future road wideni.,,, stfip along M,,no.,o Street shall be deli.,e ted en thy,, =tte eview The five f t wide future road ] A five(5) foot wide future road widening strip along the property's Manono Street frontage shall be subdivided and dedicated, at no cost to the County, when required by the Department of Public Works (DPW). The Applicant shall provide their pro-rata share for the construction of full improvements to the entire property frontage along Manono 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 DPW. This pro- rata share for roadway improvements specified in this condition shall be determined by the DPW and shall become due and payable to the County of Hawai`i within six (6)months from the date that formal notice is served upon the Applicant by the DPW regarding a program for the installation of curb, gutter and sidewalk improvements along Manono Street. [&]G. - 3 - mee4' t1, is of the D„ artment of Publie-Work A 11 ad,: improvements-4e-Manene-Street-sha44e-eempleted-pfier--te-a-Geftifteate-ef 9eettreney ]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), Hawaii County Code. Plans shall identify all existing and/or proposed structure(s), 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 properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawai`i County Code. H. All earthwork and grading activity shall conform to Chapter 10, Erosion and Sedimentary Control, of the Hawaii County Code. All driveway connections and construction within Manono Street shall conform to Chapter 22, County Streets, of the Hawai`i County Code. [F-]J. [A ll a 1 Y 4 t a r off shall be a r a f it„ n sh..li et be �� ,��_ a dacctett`owardd any-a'djace operties. A d ainage sway-shall ve prep•• a by l' d 1 a a b ttea to th„D artmv t of c Publi Wort r to 1 p~ fequife issuai ce of a cos c-tion perms a h It 4r 4 a m et n41, th0 a1 of1,e D vrtmert of v t� Pti br W l Y to r 'o p+ f a Certi fcate of O ]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. - 4 - K. 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. [fy]L. 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. [4]M [Ift , . ..1: ,..tn n a,.,.l ...n n:a...t;.l , ..;ts n� pre ..ems , the a plicarts shall make tL,eir f it shat„ . ntributie to mitigate tl.e . ial r ., cts e f te ert y, .;tl, r et top rs and r ation �tentcc.iitir1 h k ; e,pel-ice,seli � e- enal e d roads. Thk t tion shall-beeeme-due-and p leprrorte-receip of Fi •al Plan Approval Thai. share , ntribetien f r 1, lot shall be based o.. the actu l ,. ,..abet of residential units-develope =e-€air sh t do ; .. f rm of,...nl. « s any comb on ereof all be-determined heroes cil. h fair sham, ntributie m be ad;usted a ally beginning tt.ree. ft r the e€fee =e date of this ordinanc se�' o the p ..tage,.>,.age ,., the u,..,olul Constx er P tee-h}de- PI). The a-eentfibut n-sh li e-a combined lue of$7 283 26 p „ltiple f m;ly r side„ti.,l , n t($ > ens ,I gle familt-resid he-tetal--amp lame deter ed-with4he-actual titimber-ef-ttnits-aceer-ding-te4he-ealeutation-aftd-payment-previsiefts-set-feFth4ft The fuirt share c ntributio., p „ltiple f.m:ly r sidentia . .,it(s:.,gle f mily a iic.i sidential , «it) shall be allocate,] as f llows• 1 $3 6A'1 AA„ „ltiple family r side,.,t;al , it/QC CAQ A6 r. gle f m:ly 1. W✓'Vii/.VV 1JV1 111G1IL ' . ni ent,al , .,it) to the Co„„t„to s ort park and r eatienal imprevements-afrEl-faeilities• - 5 - 2. $115.11 per multiple family residential unit($267.66 per single family ,] t' 1 t) t t e!`ou mot„to � ort„olice f„ilities; J YY Y 3,---S-35408-per-mukiple-f-afaily--r-e&idential-tmit-(4-52846-per-sii+gle-family .1 t' 1 't)t t e f`,.0 ty to � ort Fire f„ilities; > /1. $157.81 per multiple family residential unit($231.45 per single family 5. $3,114.36 per multiple family residential unit($4,929.90 per single family T- l' F tl, l L, „trib do t e l' t� ay co tril..,,te lan d Y J b nrr d/ t t t /f ilit; „l„te t� rL n e do Cir D t It t' ,itl. tho at ..�1 .,l of the County Council]The Applicant 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 lots and/or units created. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval or Final Plan Approval, whichever is applicable, and shall be based on the actual number of additional residential lots or units created. The fair share contribution in the 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$17,921.82 per single family residential unit and - 6 - $11,500.24 per multiple family residential unit. The total amount shall be determined with the actual number of residential lots or units according to the calculation and payment provisions set forth in this condition. The fair share contribution shall be allocated as follows: 1. $8,642.22 per single family residential lot/unit and$5,672.74 per multiple family residential lot/unit to the County to support park and recreational improvements and facilities; 2. $416.90 per single family residential lot/unit and$179.29 per multiple family residential lot/unit to the County to support police facilities; 3. $823.43 per single family residential lot/unit and$551.51 per multiple family residential lot/unit to the County to support fire facilities; 4. $360.51 per single family residential lot/unit and$245.81 per multiple family residential lot/unit to the County to support solid waste facilities; and 5. $7,678.76 per single family residential lot/unit and$4,850.89 per multiple family residential lot/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 pursuant to Section 2-162.1(a) of Hawai`i County Code. - 7 - [I:]N. 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. [ ]O. [T t>, t t1, r 1 a Polio-ec of the wing Element of the General Plan b a � Y 1, 11 b rr d by the A dmst f t e Off., o f Housingn Community D elo nt p r to final p "YY"e a1 ]To ensure that the Goals v' 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 as evidenced by an executed and recorded affordable housing agreement which shall be provided to the Planning Department by the Applicant prior to Final Plan Approval or Final Subdivision Approval. Fair share requirements under Condition M shall be conditionally waived for affordable housing units or lots, if the Applicant executes an affordable housing agreement to provide fifty(50)to one hundred(100)percent of the development as affordable housing units or lots. If the affordable housing units or lots are not produced and sold or rented in accordance with the affordable housing agreement, any fair share requirements under Condition M that were waived will become due and payable. 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 - 8 - 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 fmds that sufficient mitigation measures have been taken. [K]Q The [appliecifits]Applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. [A r. initial exte..s.o.. of ti e f r t e perf fine ce o f eenditions w.t1,ir, 4he circumstances: 1.Th F a that . l,] e�3AH-p 9rii�3C��tl�e-reSurt-6rE6i:criti6irrc:xccce6tim-iivt-huce-beeix foreseen o e beyond the i r.tre of the .. plic.,«4 Na that.. of th„r ult o f their f ult o glige„ce 7 Granting of the ti a extev,s.or. . ul,l not be c ntr..ry to 4he General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original for the gr r,ti fkg oft a ha ge of zon �1. The time extension granted shall be for a period not to exceed the period e ' ed for perfe� ., - 9 - 5 e-app mould r e-ai d onal-exte ere e I21..a,.,; g Dire ctor..h ll e,,,l mit the a pl;e ant's r est♦o the C t Council f r.. ..t„action Should any of te n ons no hdi�: t be b o+ucic F' 11 li d th ' t' 1 ,� v♦ v� ou � apprepfiate-desigfiatien fas io t e, Dire ctor w. s,iti tea of 41,e. a to t 1 ]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 Hawai`i County Code. S. 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), the Planning Department shall inform the Applicant that the ordinance is null and void without further action by the County. In that event, the zoning designation of the property(s) affected by the ordinance shall automatically revert to its immediate prior zoning designation." SECTION 2. 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 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. - 10 - SECTION 4. This ordinance shall take effect upon its approval. INT DUCE BY: a COUNCIL MEMBER, COUNTY OF HAWAII Hilo , Hawai`i Date of Introduction: March 18, 2026 Date of 1st Reading: March 18, 2026 Date of 2nd Reading: April 8, 2026 Effective Date: April 27, 2026 REFERENCE COMM 736 - 11 - { OFFICE OF THE COUNTY CLERK ,�' n. { '� County of Hawai`i Hilo, Hawai`i !-7:7 �; ` Introduced By: Dennis Onishi (B/R) ROLL CALL VOTE Date Introduced: March 18, 2026 AYES NOES ABS EX First Reading: March 18, 2026 Galimba X Published: March 27, 2026 Hustace X Inaba X REMARKS: Kagiwada X Kaneali`i-Kleinfelder X Kierkiewicz X Kimball X Onishi X Villegas X Second Reading: April 8, 2026 7 0 1 1 To Mayor: April 15, 2026 Returned: April 27, 2026 ROLL CALL VOTE Effective: April 27, 2026 AYES NOES ABS EX Published: May 8, 2026 Galimba X REMARKS: Hustace X Inaba X Kagiwada X Kaneali`i-Kleinfelder X Kierkiewicz X Kimball X Onishi X Villegas X 8 0 0 1 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. Vca,e-c.4 COUNCIL CHAIRPERSON Cpprov9Disapproved this Ti day of //� h� , 20 . COUNTY CLERK 130 Bill No.: MAYOR, COUNTY OFHAWAII C-736/LAAC-33 Reference: Ord No.: 26 25