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Home My WebLink AboutBIL 181 Draft 01 2024-2026 COUNTY OF HAWAII .(4�4 /H STATE OF HAWAII ' 7TF'F' BILL NO. 1:81 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO DISTRICT ZONE MAP),ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE (2016 EDITION,AS AMENDED),BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL—15,000 SQUARE FEET (RS-15) TO SINGLE-FAMILY RESIDENTIAL—10,000 SQUARE FEET (RS-10)AT WAIAKEA, SOUTH HILO,HAWAII, COVERED BY TAX MAP KEY NO. 2-4-014:016. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 25,Article 8, Section 25-8-33, of the Hawai`i County Code 1983 (2016 Edition, as amended) is amended by changing the district classification of the land situated at Waiakea, South Hilo, Hawai`i, as more particularly depicted on Exhibit A and described in Exhibit B,both of which are attached hereto and made a part hereof, from Single-Family Residential— 15,000 square feet(RS-15)to Single-Family Residential— 10,000 square feet(RS- 10). SECTION 2. In accordance with Chapter 25,Article 2, Section 25-2-44, of the Hawai`i County Code 1983 (2016 Edition, as amended),the County Council finds that 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, its successors or assigns, ("Applicant") shall be responsible for complying with all stated conditions of approval. B. Final Subdivision Approval shall be secured within five 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 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. C. The required water commitment payment for one additional lot shall be submitted to the Department of Water Supply in accordance with Rule 5 of the Department of Water Supply Rules and Regulations within one hundred eighty days of the effective date of this ordinance. The Applicant shall maintain valid water commitments for the proposed use until all required water facilities charges have been paid in full. D. Prior to receipt of Final Subdivision Approval, the Applicant shall construct any water system improvements that may be required by the Department of Water Supply to serve the proposed subdivision. E. Any driveway connections to West Puainako Street shall meet with the requirements of the State of Hawai`i Department of Transportation. F. All development-generated runoff shall be disposed of on-site and not directed toward any adjacent properties. G. All earthwork and grading shall conform to Chapter 10 of the Hawai`i County Code. -2 - H. The method of sewage disposal shall meet the requirements of the State Department of Health. In the event that surface or subsurface historic resources, including human skeletal remains, structural remains, such as rock walls,terraces, or platforms, cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified during the demolition 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(hereinafter"SHPD") at(808) 933-7651. Subsequent work shall proceed upon archaeological clearance from SHPD when it fords that sufficient mitigation measures have been taken. J. 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. K. The Applicant shall make their 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 Subdivision approval and shall be based on the actual number of additional residential units or lots 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. The fair share contribution shall have a combined value of$19,184.66 per single family residential unit or lot. The total amount shall be determined with the actual number of residential units or lots according to the calculation and payment provisions set forth in this condition. The fair share contribution shall be allocated as follows: - 3 - 1. $9,251.18 per single family residential unit or lot to the County to support park and recreational improvements and facilities; 2. $446.28 per single family residential unit or lot to the County to support police facilities; 3. $881.46 per single family residential unit or lot to the County to support fire facilities; 4. $385.91 per single family residential unit or lot to the County to support solid waste facilities; and 5. $8,219.83 per single family residential unit or lot to the County to support road and traffic improvements. In lieu of paying the fair share contribution,the Applicant may contribute land or construct improvements or facilities related to parks and recreation,fire,police, solid waste disposal facilities or 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 the Hawai`i County Code. L. The Applicant shall comply with all applicable County, State and Federal codes, laws, rules,regulations and requirements. M. An initial extension of time for the performance of conditions within this ordinance may be requested in accordance with Section 25-2-44(c) and(d) of the Hawai`i County Code. N. 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 this ordinance is null and void without further action by the - 4 - 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 this ordinance that 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: ATHER KIMB L Council Member BY REQUEST OF THE: Planning Director , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCEcam 1005 - 5 - EXHIBIT A MILIIIIIIIimftiliiiiiiiiiiiiiiiimmimiliiiiiiiiiiimummilliiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii ggies H REM RS-1O (i) Illaill 8,289.18'S 5,012.61'EM"HAL " PUAINAKO RD ---1 111 L RS-15 RS-15 RS4O II 111 NNE Ill. Illmi, SINGLE-FAMILY RESIDENTIAL - 15,000 SQ. FT. (RS-15) TO SINGLE-FAMILY RESIDENTIAL - 10,000 SQ. FT. (RS-10) RS-15 Millim IlREZONE AREA: i_ _ 21,792 SQ. FT. _ IIIIIII..I. 011im .111 0 0.04 0.07 Mile 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 ZONE MAP CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL - 15,000 SQUARE FEET (RS-15) TO SINGLE-FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10) AT HILO, WAIAKEA, HAWAII MAP PREPARED BY: TMK:(3)2-4-014:016 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:April 7,2026 EXHIBIT"A" Zak Alikawa Saito&Stephanie Mieko Saito EXHIBIT B Lot-1 That certain parcel of land being a portion of Grant 9700 to Mrs.Jessie M.Hamauku being Lot 515-A of Waiakea Homesteads lsr Series,situated at Waiakea,District of South Hilo,Island and County of Hawaii, State of Hawaii more particularly described as follows: Beginning at the northeast corner of this parcel of land,being the northeast corner of Hooluana Tract,File Plan 396,also being the northwest corner of the Waiakea House Lots 3`d Series as shown on Regisered Map No.4112 on south line of Puainako Road,the coordinates of said Point of Beginning referred to Government Survey Triangulation Station "HALAI"being 8,289.18 feet south and 5,012.61 feet east and running by azimuths measured clockwise from true South: 1. 355°40'00" 192.00 ft. along said Waiakea House Lots 3rd Series,thence; 2. 85°40'00" 113.50 ft. along Lot 5 of the Hooluana Tract,thence 3. 175°40'00" 192.00 ft. along Lot 2 of the Hooluana Tract thence; 4. 265°40'00" 113.50 ft. along Puainako Road to the Point of Beginning and enclosing an area of 21,792 sq.ft.,more or less. Tax Map Key(3)2-4-014:016 ``t`�,, This description was prepared by tx. E L @ me or under my direction. LICENSED PROFESSIONAL Daniel L.Berg, SURVEYOR * PLS 11245 . H N0.11245 • • 4dlb&Associates N MAPPING LegDesc]-Lot 1 HooluanaTract.docx pg. 1 19 March 2026