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COUNTY OF HAWAII X44 1 +- STATE OF HAWAII
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BILL NO. 24
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII 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 2ND
SERIES, WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-
024:003.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-3, 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 House Lots 2nd
Series, Waiakea, South Hilo, Hawai`i, shall be General Commercial—20,000 square feet
(CG-20).
Beginning at a pipe on the east side of Kino`ole Street, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "HALAI" being 3,697.74 feet
south and 6,771.18 feet east, as shown on Government Survey Registered Map No. 2705, and
running by true azimuths:
1. 148° 10' 84.00 feet along east side of Kino`ole
Street;
2. 238° 10' 240.00 feet along Lot 16;
3. 328° 10' 168.20 feet along Grant 9172 to R. Wong;
4. 58° 10' 220.00 feet along the Northwest side of
Lanikaula Street;
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5. Thence along the intersection of Lanikaula and Kino`ole Streets, on a curve to the
right with a radius 20.00 feet, the
chord azimuth and distance being:
103° 10' 28.28 feet;
6. 148° 10' 64.20 feet along the East side of Kino`ole
Street to the point of beginning and
containing an area of 40,282 Sq. Ft.
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 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. As represented by the applicant, the
applicant, successors or assigns shall install a five-foot-nine-inch (5'9") stone wall along
the northern and eastern boundaries of the property to mitigate adverse noise and visual
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impacts to adjacent properties. Prior to construction, the applicant, successors or assigns
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 proposed structure(s),paved driveway access and parking
stalls associated with the proposed development. The five-foot-nine-inch(5'9") stone
wall and 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)
standards for CG zones adjoining a RS zone.
C. Prior to issuance of Final Plan Approval, the applicant, successors or assigns shall obtain
Final Consolidation Approval for consolidation of the three (3) lots of record within the
subject parcel.
D. Prior to submitting plans for Plan Approval, the applicant shall submit for all uses on the
property, the anticipated maximum daily water usage calculations as prepared by a
professional engineer licensed in the State of Hawai`i to the Department of Water Supply
(DWS). A water commitment deposit shall be paid to the DWS prior to issuance of Final
Plan Approval in accordance with Rule 5 of the Department of Water Supply's Rules and
Regulations. The applicant shall construct necessary water system improvements as
required by the DWS.
E. 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 Depaitment of Water Supply.
F. Prior to issuance of a Certificate of Occupancy for a commercial use on the property, the
applicant, successors, or assigns shall provide improvements to the subject property's entire
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Kino`ole Street and West Lanikaula Street frontages consisting of a"full width"concrete
sidewalk of 10-foot width meeting with the requirements of the Americans with Disabilities
Act and the approval of the Department of Public Works.
G. Driveway connection(s) to Kino`ole Street and West Lanikaula Street shall conform to
Chapter 22, County Streets, of the Hawai`i County Code.
H. No earlier than one year after issuance of an occupancy permit for the proposed project
and any time thereafter, should the County Department of Public Works determine that
the West Lanikaula Street access be modified and limited to right in, right out movements
only to address impacts at the intersection of West Lanikaula Street and Kino`ole Street
directly attributable to left turn movements into the site from West Lanikaula Street, the
access shall be so modified in accordance with the requirements of the Department of
Public Works at the applicant's and/or its successors cost within six (6) months of receipt
of such a notification.
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.
J. Should the applicant, successors or assigns develop an additional 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 that may be
deemed necessary by the Department of Public Works.
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K. 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 by a licensed civil
engineer and submitted to the Planning Department prior to 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.
L. The applicant, successors, or assigns shall conduct a sewer study prior to connection to
the County sewer system. The applicant shall provide sewer line or other facility
improvements as the Director of DEM may reasonably require, which the sewer study
may indicate are advisable for mitigation of impacts of the proposed project.
M. The property shall connect to the public sewer in accordance with Section 21-5 of the
Hawai`i County Code prior to issuance of a Certificate of Occupancy.
N. In the unlikely 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, 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.
O. Should the applicant, successors, or assigns develop residential units on the subject
property, the applicant shall make its fair share contribution to mitigate the potential
regional impacts of the property with respect to parks and recreation, fire,police, solid
waste disposal facilities and roads. The fair share contribution for each unit shall be based
on the actual number of residential units developed and shall become due and payable
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prior to receipt of Final Plan Approval. 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
$9,195.34 per multiple family residential unit($14,329.89 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 family residential unit) shall be
allocated as follows:
1. $4,535.80 per multiple family residential unit ($6,910.13 per single family
residential unit) to the County to support park and recreational improvements and
facilities;
2. $143.36 per multiple family residential unit($333.35 per single family residential
unit) to the County to support police facilities;
3. $440.97 per multiple family residential unit($658.40 per single family residential
unit) to the County to support fire facilities;
4. $196.54 per multiple family residential unit ($288.25 per single family residential
unit) to the County to support solid waste facilities; and
5. $3,878.67 per multiple family residential unit ($6,139.77 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
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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.
P. 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. 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. The applicant, successors or assigns shall comply with all applicable County, State and
Federal laws, rules, regulations and requirements.
S. 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, successors or assigns, 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.
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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).
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.
T. 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:'
W(1/(1/1-----4
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COUNCIL MEMBER, COUNTY O HAWAI`I
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 94
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GENERAL COMMERCIAL-20,000SQUARE FEET(CG-20)
40,282 SQUARE FEET
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAII 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 2ND SERIES, WAIAKEA, SOUTH HILO, HAWAII
MAP PREPARED BY:
TMK:(3)2-2-024:003 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:October2,2018
EXHIBIT "A" Bank of Hawaii
Mao: 1402