HomeMy WebLinkAboutPD Background and Recommendation Report HICDC (PL-REZ-2025-000080)-1-
BR-CCInitiated-Bill29-Establishing Special Districts.ck.6.25.25 COUNTY OF HAWAI‘I PLANNING DEPARTMENT BACKGROUND AND RECOMMENDATION
HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 24 37 (PL-REZ-2025-000080 /AMEND PL-REZ-2023-000054)
HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION has
submitted an application for an amendment to Conditions K (Affordable Housing) and
Condition I (Fair Share Contribution) of Change of Zone Ordinance No. 24 37, which
amended Ordinance No. 10-101, which reclassified approximately 18.38 acres of land
from an Agricultural 20-acre (A-20a) to a Single Family Residential-15,000 square foot
(RS-15), Single Family Residential-10,000 square foot (RS-10), Single Family
Residential-7,500 square foot (RS-7.5) and Open zoning districts. The property is situated
along the north (makai) side of the Akoni Pule Highway approximately 600 feet west of
the Kohala High and Elementary School complex, Pāhoa, North Kohala, Hawaiʻi, TMK:
(3) 5-5-019:025 and 027.
PROPOSED ACTION
1. Applicant’s Request: An amendment to Condition K (Affordable Housing) and
Condition I (Fair Share Contribution) of Change of Zone Ordinance No. 24 37
which was approved in 2024 to grant a time extension for the applicant to secure
Final Subdivision Approval. The proposed amendment language is as follows
(material to be added is underlined and material to be removed is bracketed and
struck-through):
(I) Should the Applicant develop residential lots on the subject property, the
[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 shall become due and payable prior to receipt of Final
Subdivision Approval. The fair share contribution for each lot shall be
based on the number of lots developed. 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
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Price Index (HCPI). The fair share contribution shall have a maximum
combined value of $16,641.15 per single family residential lot. The fair
share contribution per single family residential lot shall be allocated as
follows:
1. $8,024.66 per single family residential lot to the County to support
park and recreational improvements and facilities;
2. $387.11 per single family residential lot to the County to support
police facilities;
3. $764.59 per single family residential lot to the County to support
fire facilities;
4. $334.75 per single family residential lot to the County to support
solid waste facilities; and
5. $7,130.04 per single family residential lot 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. [This condition
shall not apply to any ‘self help’ lots included in the executed affordable
housing agreement referenced in Condition K.]
(K) [KAs represented by the Applicant, 32 of the 33 lots in the proposed
subdivision shall be developed and sold as part of an affordable housing
program, in accordance with mutually agreeable terms between the
Applicant and the County Office of Housing and Community Development,
using the provisions of Chapter 11, Article 1, Hawaiʻi County Code
relating to Affordable Housing Policy. Said agreement shall be executed
prior to receipt of Final Subdivision Approval of any portion of the
project.] 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
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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 Subdivision Approval. Fair share requirements under
Condition I 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 I that were
waived will become due and payable.
REASON FOR THE REQUEST
2. According to the applicant, the purpose of these amendments is to allow them to
utilize the County of County of Hawaiʻi Affordable Housing Production Program
(AHP) to help develop the final phases of the ‘Kumakua Self Help Housing’
project. The AHP was created in 2022 via an amendment to Chapter 11 (Housing)
of the Hawaiʻi County Code, which appropriates at least $5 million annually the
County Office of Housing and Community Development (OHCD) to facilitate
programs that support affordable housing production (more specific information
on the AHP can be found on OHCD’s website at the following link:
https://www.housing.hawaiicounty.gov/grants-funding/affordable-housing-
production-program-ahp). In its 2023 rezone amendment application, HICDC
committed to dedicating 32 of the 33 planned lots for affordable housing and this
commitment was formalized in Condition K of the subject rezone ordinance.
At the time of the original amendment, neither the applicant nor the Planning
Department were aware that this condition language conflicts with the AHP’s
funding rules. Specifically, Section 3-5(6)(b) of the AHP Administrative Rules
states: “The affordable housing units required by receipt of program funds shall
not be used to fulfill any other obligation for affordable housing units as required
by law or other subsidy obligations.” Due to this provision, HICDC is currently
unable to apply AHP funds toward the 32 lots mandated by Condition K, since
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those lots are being used to meet a zoning ordinance condition. To resolve this
conflict, the Planning Department collaborated with OHCD to develop standard
affordable housing condition language that aligns with AHP rules and encourages
the development of additional affordable housing lots/units by offering incentives,
such as relief from Fair Share requirements, in return for voluntarily provided
affordable units well beyond the 20% required by housing code. The proposed
amendments are consistent with the new standard condition language and satisfy
the intent of the original Condition K, which is to create a significant number of
affordable lots.
3. Landowner: Hawaii Island Community Development Corporation.
4. Supportive Information: The applicant has submitted the attached in support of
the request: (Planning Department Exhibit 1 – Change of Zone Amendment
Request dated May 12, 2025).
ADDITIONAL BACKGROUND INFORMATION
5. The applicant’s last amendment request was heard by the Leeward Planning
Commission (LPC) on February 29, 2024. As there have been no significant
project changes due to the inability to obtain AHP funding, the background report
provided to the LPC for the February 29, 2024 hearing is still applicable and can
be found at the following link:
https://records.hawaiicounty.gov/weblink/Browse.aspx?dbid=1&startid=128338
AGENCIES – NO RESPONSE
6. Office of Housing and Community Development.
PUBLIC COMMENTS PROVIDED
7. None as of the date of this writing.
PLANNING DIRECTOR’S RECOMMENDATION
Upon review of the request, the Planning Director recommends that the
Planning Commission forward a favorable recommendation to amend Condition I
(Fair Share) and Condition K (Affordable Housing) of Change of Zone Ordinance
No. 24 37 to the County Council. Since this recommendation is made without the
benefit of public testimony, the Director reserves the right to modify and/or alter this
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position based on additional information presented at the public hearing. The Planning
Director’s favorable recommendation is based on the following findings:
As stated above, the applicant is requesting to amend two conditions of the
subject Change of Zone ordinance to facilitate their ability to utilize funds from the
County’s Affordable Housing Production (AHP) program to develop the final phases of
the ‘Kumakua Self Help Housing’ project. In their application for their last amendment,
the applicant committed to dedicating 32 of the 33 planned lots for affordable housing.
As had been the Planning Department’s practice at the time, the applicant’s commitment
was memorialized in the affordable housing condition (Condition K). Additionally, to
help defray the cost of developing these affordable lots, the Planning Director added
language to the fair share condition (Condition I) to provide relief from the requirement
to pay fair share on the affordable lots.
At the time of the original amendment, neither the applicant nor the Planning
Department were aware that this condition language conflicts with the AHP’s funding
rules, specifically around the prohibition of AHP funding use for affordable housing
units/lots that are required by law. Because Condition K treats the 32 affordable units as a
zoning requirement, AHP funding cannot be applied to them under Section 3-5(6)(b) of
the program rules.
To resolve this conflict, the Planning Department collaborated with OHCD to
develop new standard affordable housing condition language for change of zone
ordinances that aligns with AHP rules and encourages the development of additional
affordable housing lots/units by offering incentives, such as relief from Fair Share
requirements, in return for voluntarily provided affordable units well beyond the 20%
required by housing code.
The applicants’ proposed amendments to Conditions I and K are generally
consistent with the department’s updated standard condition language and continue to
support the original intent of promoting the development of a substantial number of
affordable residential lots.
The Planning Director recommends one modification: removal of the applicants’
proposed introductory clause to Condition I, which states, “Should the Applicant develop
residential lots on the subject property, the [The]…”. This conditional phrasing is more
appropriate in the context of commercial zoning, where residential development is
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permitted but not required. However, because the subject property is zoned Single-
Family Residential (RS-7.5 and RS-10), the creation of residential lots is an expected
outcome. As such, the inclusion of this qualifying language is unnecessary.
Additionally, there have been no changes to the subject property, proposed
development, or associated land use entitlements since the most recent amendment in
2024, which granted a time extension for subdividing the final phases of the ‘Kumakua
Self-Help Housing’ project. Therefore, the justification provided for that amendment
remains valid. These include consistency with the General Plan, the North Kohala
Community Development Plan, and the Zoning Code; the availability of necessary
infrastructure; and continued compliance with Coastal Zone Management (CZM)
requirements, including the protection of historic, cultural, and natural resources.
The proposed revisions to Conditions I and K remain consistent with these
overarching policy objectives and will further facilitate the applicant’s efforts to provide
critically needed affordable housing in the North Kohala region.
Lastly, this recommendation is made with the understanding that the applicant
remains responsible for complying with all other applicable governmental requirements
in connection with the proposed use, prior to its commencement or establishment upon
the subject properties. Additional governmental requirements may include the issuance of
building permits, compliance with the Fire Code, installation of improvements required
by the American with Disabilities Act (ADA), among many others. Compliance with all
applicable governmental requirements is a condition of this approval; failure to comply
with such requirements will be considered a violation that may result in enforcement
action by the Planning Department and/or the affected agencies.
Based on the findings presented, the Planning Director recommends a
favorable recommendation to the applicant’s proposed amendment to Condition I
(Fair Share) as modified by the Director and Condition K (Affordable Housing) be
forwarded to the County Council.
The accompanying draft bill to amend Ordinance No. 24 37 is provided for your
consideration. Please note the proposed conditions of approval attached to the draft bill,
including updates to conditions to reflect current standard condition language, including
adding tolling language, updating fair share amounts, and adding ordinance
nullification/reversion language as required by the Zoning Code. Material to be deleted is
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bracketed and struck through; new material is underscored.
AN EQUAL HOUSING OPPORTUNITY, EQUAL OPPORTUNITY EMPLOYER ADMINISTRATION: (808) 969-1158 FAX (808) 935-6916 Page 1 of 3
HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION 100 PAUAHI STREET, SUITE 201 • HILO, HAWAII, 96720
May 12, 2025
Jeff Darrow
Planning Director
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Subject: Amendment to Rezoning Ordinance 24-37 Condition K and I
Dear Mr. Darrow:
The Hawaii Island Community Development Corporation (HICDC) requests the amendment of
Ordnance 24-37 Condition K and Condition I. The purpose of the amendment is to allow the
affordable housing project to utilize funds from the County of Hawaii Affordable Housing
Production Program (AHPP) and other funding sources.
HICDC represented that 32 of the planned 33 lots would be used for affordable housing. This
representation has been incorporated into Condition K in excess of what Chapter 11 (Housing)
would require. The Chapter 11 requirement is that affordable housing credits equal to 20% of
the units be provided, in this case 6.6 credits would be required as opposed to 32 units as
required by Condition K.
The Administrative Rules for Affordable Housing Production Program (AHPP) Section 3-5 (6)(b)
states:
The affordable housing units required by receipt of program funds shall not be used to
fulfill any other obligation for affordable housing units as required by law or other
subsidy obligations.
HICDC will use all 32 lots for affordable housing, however, the existing Condition K and the AHPP
rules will not allow the use of AHPP for those homes. What is being requested are amendments
that do not prohibit the use of the AHPP funds for any units beyond the normal requirements of
Chapter 11. The conditions in Ordinance 24-37 and the implications for the AHPP have been
reviewed by the Planning Department, the Office of Housing and Community Development and
the applicant. As a result the following amendments to Condition K and I are proposed
(deletions are bracketed and struck through, new language is underlined):
K. [As represented by the Applicant, 32 of the 33 lots in the proposed subdivision shall be
developed and sold as part of an affordable housing program, in accordance with
AN EQUAL HOUSING OPPORTUNITY, EQUAL OPPORTUNITY EMPLOYER ADMINISTRATION: (808) 969-1158 FAX (808) 935-6916 Page 2 of 3
mutually agreeable terms between the Applicant and the County Office of Housing and
Community Development, using the provisions of Chapter 11, Article 1, Hawaiʻi County
Code relating to Affordable Housing Policy. Said agreement shall be executed prior to
receipt of Final Subdivision Approval of any portion of the project.] 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 as evidenced by an
executed and recorded affordable housing agreement which shall be provided to the
Planning Department by the Applicant prior to Final Subdivision Approval. Fair share
requirements under Condition I 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 I that were waived will become due and payable.
I. Should the Applicant develop residential lots on the subject property, the [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 shall become due and payable prior to receipt of
Final Subdivision Approval. The fair share contribution for each lot shall be based on the
number of lots developed. 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 $16,641.15 per single family residential lot. The fair
share contribution per single family residential lot shall be allocated as follows:
1. $8,024.66 per single family residential lot to the County to support park and
recreational improvements and facilities;
2. $387.11 per single family residential lot to the County to support police facilities;
3. $764.59 per single family residential lot to the County to support fire facilities;
4. $334.75 per single family residential lot to the County to support solid waste
facilities; and
5. $7,130.04 per single family residential lot 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. [This condition shall not apply to any ‘self
help’ lots or other affordable housing lots included in the executed affordable housing
agreement referenced in Condition K.]
AN EQUAL HOUSING OPPORTUNITY, EQUAL OPPORTUNITY EMPLOYER ADMINISTRATION: (808) 969-1158 FAX (808) 935-6916 Page 3 of 3
We believe that this is a reasonable request, meets with the original intent of Condition K, and
will facilitate development of affordable housing at this site.
Sincerely,
Keith H Kato
Executive Director
Keith Kato
Digitally signed by Keith
Kato
Date: 2025.05.13
11:48:35 -10'00'
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COUNTY OF HAWAI`I STATE OF HAWAI`I
TE Of M'
BILL NO.150
ORDINANCE NO. 24 37 DRAT 2)
AN ORDINANCE AMENDING ORDINANCE NO. 10-101, WHICH RECLASSIFIED
LANDS FROM AGRICULTURAL—TWENTY ACRES (A-20a) AND SINGLE-FAMILY
RESIDENTIAL—7,500 SQUARE FEET (RS-7.5) TO SINGLE-FAMILY RESIDENTIAL—
15,000 SQUARE FEET (RS-15), SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET
RS-10), SINGLE-FAMILY RESIDENTIAL—7,500 SQUARE FEET (RS-7.5), AND OPEN
AT PAHOA,NORTH KOHALA, HAWAI`I, COVERED BY TAX MAP KEY: 5-5-019:025
AND 027 (PORTIONS).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Section 2 of Ordinance No. 10-101 is amended 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:
LU Necessary to prevent circumstances which may be adverse to the public
health, safety, and welfare; or
LU[(1)] 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.
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B. [
Supply in accordance with its "Water Commitment Guidelines Policy"prior to final
subdivision approval. The applicant shall make any improvements required by the
Department of Water Supply.]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. Furthermore, the Applicant shall construct and dedicate
necessary water system improvements as required by the Department of Water Supply.
C. Final Subdivision Approval of the proposed subdivision shall be secured from the
Planning Director within [five (5)] ten(10) years from the effective date of this amended
ordinance.
D. [Access to the project site from the Akoni Pule Highway shall meet with the approval of
the State Department of Transportation.] All roadways shall be constructed in compliance
with roadway requirements and conditions of the variance (PL-VAR-2023-000040)
issued on November 15, 2023.
E. 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 Department of Public Works prior to issuance of a
construction permit. Any recommended drainage improvements, if required, shall be
constructed meeting with the approval ofthe Department of Public Works prior to receipt
of Final Subdivision Approval.
F. A National Pollutant Discharge Elimination System (NPDES) permit and an
Underground Injection Control (UIC)permit, if required, shall be secured from the State
Department of Health before the commencement of construction activities.
2-
G. A Solid Waste Management Plan shall be submitted to the Department of Environmental
Management for review and approval prior to the issuance of Final Subdivision
Approval.
H. [Should any remains fh' t ' * h 1- all to pintf shell
V1111J LV11V Jl LV J, JUVll UJ 1VlJ T
n' m
and the Department of Land and Natural Resource State Historic Preservation Division
DLNR SHPD) shall be immediately notified. Subsequent work shall proceed upon an
measures have been taken.] 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 finds that sufficient mitigation
measures have been taken.
I. [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
dispvsal-facil ies a rd r ndn The f it share contribution shall be initially based on the
representations contained within the change of zone application and may be increased or
reduced proportionally if the unit counts are adjusted. The fair share contribution shall
become due and payable prior to receipt of Final Subdivision Approval or within five
years from the effective date of this change ofzone ordinance, whichever occurs first.
The fair share contribution for each unit shall be based on the number of units developed.
Tl,e . „lica t shall be o pt f fit sharer Y,ts fal , nits sold n11tin1ZLVU Lterlto
households earning less than 80%
contribution in a form of cash, land, facilities or any combination thereof shall be
3-
beginning three years after the effective date of this ordinance, based on the percentage
have a maximum combined value of$12,059.55 per single family residential unit. The
applicant shall be required to submit information regarding the amount of units sold or
rented to households earning more than 80%of the median family income to calculate the
total amount of fair share contribution owed by the applicant.
The fair share contribution per single family residential unit shall be allocated as follows:
l.5,815.33 per single family residential unit to the County to support park and
recreational improvements and facilities;
2.280.53 per single family residential unit to the County to support police
facilities;
3. $554.09 per single family residential unit to the County to support fire facilities;
242.59 per single family residential unit to the County to support solid waste
facilities; and
5.5,167.02 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
subject to the review and recommendation of the Planning Director, upon consultation
with the appropriate agencies and approval of the County Council.]
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 shall become due and payable
prior to receipt of Final Subdivision Approval. The fair share contribution for each lot
shall be based on the number of lots developed. 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
4-
contribution shall have a maximum combined value of$16,641.15 per single family
residential lot. The fair share contribution per single family residential lot shall be
allocated as follows:
1.8,024.66 per single family residential lot to the County to support park and
recreational improvements and facilities;
2.387.11 per single family residential lot to the County to support police facilities;
3.764.59 per single family residential lot to the County to support fire facilities;
4.334.75 per single family residential lot to the County to support solid waste
facilities; and
5. $7,130.04 per single family residential lot 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 ofthe Planning Director, upon consultation
with the appropriate agencies and approval of the County Council. This condition shall
not apply to any 'self help' or other affordable housing lots included in the executed
affordable housing agreement referenced in Condition K
J. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for
imposition of exaction or the assessment of impact fees, conditions included herein shall
be credited towards the requirements of the Unified Impact Fees Ordinance.
5-
K. [To ensure that the Goals and Policies of the Housing Element of the General Plan are
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 Subdivision Approval.] KAs represented by the Applicant, 32 of the 33 lots
in the proposed subdivision shall be developed and sold as part of an affordable housing
program, in accordance with mutually agreeable terms between the Applicant and the
County Office of Housing and Community Development, using the provisions of Chapter
11, Article 1, Hawai`i County Code relating to Affordable Housing Policy. Said
agreement shall be executed prior to receipt of Final Subdivision Approval of any portion
of the project.
L. The applicant shall comply with all applicable County, State and Federal laws,rules,
regulations, and requirements.
M. [An initial extension of time for the performance of conditions within the ordinance may
be granted by the Director upon the following circumstances:
1 TL. 4he .lt of conditions that could not have been f
are--beyerld-4he--eentrel--ef4he--aPPlicant-Tseeeessers--er-assigfisi-and-4hat-are-flet-4he
result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan or Zoning
Code.
3, r t' f th ti ld net be co trary to he gi,,al reasons fr the
1. 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).
6-
shall submit the applicant's request to the County Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning ofthe area to its original or more
appropriate designation.] 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.
N. If the applicant fails to fulfill any conditions of the zone change within the specified time
limitations,the Planning Director or County Council may initiate the process for
enactment of an ordinance reverting the affected property back to its original zoning
designation or a more appropriate zoning designation in accordance with Section 25-2-43
of the Hawai`i County Code."
SECTION 2. Material to be deleted is bracketed and stricken. New material is
underscored.
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.
7-
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
Pik
COUNCIL MEMBER, COUNTY OF HAWAI`I
Hilo Hawai`i
Date of Introduction: May 15, 2024
Date of 1st Reading: May 15, 2024
Date of 2nd Reading: June 5, 2024
Effective Date: June 14, 2024
817.2
REFERENCE Comm.
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AREA?k §y ;sf. I
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n ...4•,
J,
e r a r,.t ti u
1 '+Fi Iq AGRICULTURAL•TWENTY ACRES(A-20a),
tx .. 1,FIx,,,1 1'Ia uIh y y r •
s"` TO SINGLE-FAMILY RESIDENTIAL•15,000
alrIImo' .:fin " II f` 'k w.r'AREA1 4 4. •y t,„ , 4 Y r ', (
SQ.FT(RS-15)
AGRICULTURAL-TWENTY ACRES t )iFy yt i,i,1 r i {'}q'il 4.741ACRESillA-20a)TO OPEN a r'.?yl c4 I I 10.530ACRES Irk Id +Neal3k`.rs) -i;;'„
6` q7 a.
y ra , 14,509.63'N jygf 1 .•4 R5-1 ireay«rj,. .: 7,35650'E Ak aB 0b q, t.-P l
353.E PU'UONALE is s r ti mr h c
AREA 2 i s d,vi -h'tr ---- .
SINGLE-FAMILY RESIDENTIAL- a ty qfi 1Fr•r`. A-20awim7,500 SQ.FT RS-7.5 TO OPEN p r;-,::r:''
0.397 ACRES 5 4jHI0P:" ,;lj,
rAREASR57.5 .
SINGLE-FAMILY RESIDENTIAL-7,500AllifSQ.FT(RS-7.5),TO SINGLE-FAMILY SINGLE-FAMILY RESIDENTIAL-7,500RESIDENTIAL-10,000 SQ.FT(RS-10) INFSQ.FT(RS-7.5),TO SINGLE-FAMILY0.990 ACRES ill to RESIDENTIAL-15,000 SQ.FT(RS-15)
0.783 ACRES
lir, R5-15
5
AKONI PU A-20a
HIGH14 A-20a
A-20a
N A-20a
r.Lt.,- Asa A5a
A-20a
A-5a R5-15
I_•imimilmiis 1 Feet
0 500 1,000 1,500 2,000
AMENDMENT TO THE ZO.NING CODE,
AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA ZONE MAP)ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAI'I COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL-TWENTY ACRES (A-20a) AND SINGLE-FAMILY RESIDENTIAL-7,500 SQ.FT (RS-7.5),
TO SINGLE-FAMILY RESIDENTIAL-15,000 SQUARE FEET (RS-15),
SINGLE-FAMILY RESIDENTIAL- 10,000 SQUARE FEET (RS-10),
SINGLE-FAMILY RESIDENTIAL-7,500 SQUARE FEET (RS-7.5), AND OPEN.
AT PAHOA, NORTH KOHALA DISTRICT, HAWAI'I
MAP PREPARED BY:
COUNTY OF HAWAI'I, PLANNING DEPARTMENT
T .5- -0 •'4 5 a d i .orti. I DATE:Dec.01,2009
EXHIBIT"A" FOR REFEREN.CE ONLY -
Hawaii Island Community Devel,Corp.KIIDC)
OFFICE OF THE COUNTY CLERK COUNTY f P,`COUr I Y OF [HAM
County of Hawai`i
Hilo, Hawai`i 2]21i J { ? 1 PM 3: 2
Draft 2)
Introduced By: Dr. Holeka Goro Inaba (B/R) ROLL CALL VOTE
Date Introduced: May 15, 2024 AYES NOES ABS EX
First Reading: May 15, 2024 Evans X
Published: May 24, 2024 Galimba X
Inaba X
REMARKS: Kagiwada X
Kaneali`i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Villegas X
Second Reading: June 5, 2024 9 0 0 0
To Mayor: June 13, 2024
Returned: June 21 , 2024 ROLL CALL VOTE
Effective: June 14, 2024
AYES NOES ABS EX
Published: July 5, 2024
Evans X
REMARKS: Galimba X
Inaba X
Kagiwada X
Kaneali`i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Villegas X
7 0 2 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
COUNCIL CHAIRPERSON
A 'ro Disapproved this ( day
of 20 ` COUNTY CLERK
150 (Draft 2)
Bill No.:
MAYOR, COUNTY OF BAWAI`I C-817 .2/LAAC-5 6
Reference:
Ord No.: 24 37
-1-
COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
BILL NO.
ORDINANCE NO. (Planning Department)
AN ORDINANCE AMENDING ORDINANCE NO. 24 37 WHICH AMENDED ORDINANCE
NO. 10-101, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL – TWENTY
ACRES (A-20a) AND SINGLE-FAMILY RESIDENTIAL – 7,500 SQUARE FEET (RS-7.5) TO SINGLE-FAMILY RESIDENTIAL – 15,000 SQUARE FEET (RS-15), SINGLE-FAMILY RESIDENTIAL – 10,000 SQUARE FEET (RS-10), SINGLE-FAMILY RESIDENTIAL – 7,500 SQUARE FEET (RS-7.5), AND OPEN AT PĀHOA, NORTH KOHALA, HAWAIʻI,
COVERED BY TAX MAP KEY: 5-5-019:025 AND 027 (PORTIONS).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Section 2 of Ordinance No. 24 37 is amended as follows:
“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.
-2-
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
INSERT CONDITIONS ”
SECTION 2. Material to be deleted is bracketed and stricken. New material is
underscored.
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:
BHICDCKohalaREZAmend.6.25.24 HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 24 37
(PL-REZ-2025-000080 /AMEND PL-REZ-2023-000054) AMENDED CONDITIONS OF APPROVAL A. The applicant, its successors or assigns (“Applicant”) shall be responsible for complying
with all stated conditions of approval.
B. 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.
Furthermore, the Applicant shall construct and dedicate necessary water system
improvements as required by the Department of Water Supply.
C. Final Subdivision Approval of the proposed subdivision shall be secured from the
Planning Director within ten (10) years from the effective date of this amended
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.
D. All roadways shall be constructed in compliance with roadway requirements and
conditions of the variance (PL-VAR-2023-000040) issued on November 15, 2023.
E. 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 Department of Public Works prior to issuance of a
construction permit. Any recommended drainage improvements, if required, shall be
constructed meeting with the approval of the Department of Public Works prior to receipt
of Final Subdivision Approval.
F. A National Pollutant Discharge Elimination System (NPDES) permit and an
Underground Injection Control (UIC) permit, if required, shall be secured from the State
Department of Health before the commencement of construction activities.
-2-
G. A Solid Waste Management Plan shall be submitted to the Department of Environmental
Management for review and approval prior to the issuance of Final Subdivision
Approval.
H. 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 finds that sufficient mitigation
measures have been taken.
I. 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 shall become due and payable
prior to receipt of Final Subdivision Approval. The fair share contribution for each lot
shall be based on the number of lots developed. 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 [$16,641.15] $17,921.82 per
single family residential lot. The fair share contribution per single family residential lot
shall be allocated as follows:
1. [$8,024.66] $8,642.22 per single family residential lot to the County to support
park and recreational improvements and facilities;
2. [$387.11] $416.90 per single family residential lot to the County to support police
facilities;
3. [$764.59] $823.43 per single family residential lot to the County to support fire
facilities;
4. [$334.75] $360.51 per single family residential lot to the County to support solid
waste facilities; and
-3-
5. [$7,130.04] $7,678.76 per single family residential lot 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. [This condition shall
not apply to any ‘self help’ lots included in the executed affordable housing agreement
referenced in Condition K.]
J. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for
imposition of exaction or the assessment of impact fees, conditions included herein shall
be credited towards the requirements of the Unified Impact Fees Ordinance.
K. [As represented by the Applicant, 32 of the 33 lots in the proposed subdivision shall be
developed and sold as part of a self-help, affordable housing program, in accordance with
mutually agreeable terms between the Applicant and the County Office of Housing and
Community Development, using the provisions of Chapter 11, Article 1, Hawaiʻi County
Code relating to Affordable Housing Policy. Said agreement shall be executed prior to
receipt of Final Subdivision Approval of any portion of the project.] 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 as evidenced by an
executed and recorded affordable housing agreement which shall be provided to the
Planning Department by the Applicant prior to Final Subdivision Approval. Fair share
requirements under Condition I 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 I that
were waived will become due and payable.
L. The applicant shall comply with all applicable County, State and Federal laws, rules,
-4-
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, subsections (c) and (d), of the Hawaiʻi
County Code.
N. [If the applicant fails to fulfill any conditions of the zone change within the specified time
limitations, the Planning Director or County Council may initiate the process for
enactment of an ordinance reverting the affected property back to its original zoning
designation or a more appropriate zoning designation in accordance with Section 25-2-43
of the Hawaiʻi County Code.] 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.
A-20a
AREA 4
A-20aAGRICULTURAL-TWENTY ACRES(A-20a),
TO SINGLE-FAMILY RESIDENTIAL-10,000 A-20a 411SQ.FT(RS-10)
6.191 ACRES
15,210.07 N
7,003.05'E A-20a
U ONALE" AREA B
A-20a AGRICULTURAL•TWENTY ACRES
A-20a)TO OPEN
2943 ACRES
AREA5 ' 41g a`C 5r 14fi`^.
AGRICULTURAL•TWENTY ACRES A-20a y
s(r h a•15,035.39'Npnn,. . n{1 11.; z
r
r L'' tti
c^.F{ r 7•BB8.29'E A-20aTOSINGLE-FAMILY RESIDENTIAL-T,500 ,r -#
SQ.FT(RS-7.5) 2 PgU}s...y:' A i rVN .) a-hr :A'ir )T y' . .. 'MU ONALE'
1.805 ACRES y,.= - sd.'.18 , i 1.1'i°l'"1II tl.ii l.
F?.F' IkiO4.ar Zr' 1• 41 ti.
4b08,90 . h S4 ! le?
F` F 4•• - 1
dp0,a' r ' 1 i eL , tr @48 8# iPjf r14,722.62'N 1 ut(drN''LE !;toy z;f; t iv I ''J.d. 1V 'y{s`
z 4, A-20a
6,092.50'E r S • +J e ', I: - f 1 Fa{--4 L p i .c i tr.fx tote b c
PU'U„ALE, f I) rd'au}s r.t is ,il? #
a`. ,
z S" ", y-+#'i
A-20a 1 i1 t A* yen a t y t.a SIP, t'::
AREA?k §y ;sf. I
Ake c G a'• K ` a$i. 4h ..
n ...4•,
J,
e r a r,.t ti u
1 '+Fi Iq AGRICULTURAL•TWENTY ACRES(A-20a),
tx .. 1,FIx,,,1 1'Ia uIh y y r •
s"` TO SINGLE-FAMILY RESIDENTIAL•15,000
alrIImo' .:fin " II f` 'k w.r'AREA1 4 4. •y t,„ , 4 Y r ', (
SQ.FT(RS-15)
AGRICULTURAL-TWENTY ACRES t )iFy yt i,i,1 r i {'}q'il 4.741ACRESillA-20a)TO OPEN a r'.?yl c4 I I 10.530ACRES Irk Id +Neal3k`.rs) -i;;'„
6` q7 a.
y ra , 14,509.63'N jygf 1 .•4 R5-1 ireay«rj,. .: 7,35650'E Ak aB 0b q, t.-P l
353.E PU'UONALE is s r ti mr h c
AREA 2 i s d,vi -h'tr ---- .
SINGLE-FAMILY RESIDENTIAL- a ty qfi 1Fr•r`. A-20awim7,500 SQ.FT RS-7.5 TO OPEN p r;-,::r:''
0.397 ACRES 5 4jHI0P:" ,;lj,
rAREASR57.5 .
SINGLE-FAMILY RESIDENTIAL-7,500AllifSQ.FT(RS-7.5),TO SINGLE-FAMILY SINGLE-FAMILY RESIDENTIAL-7,500RESIDENTIAL-10,000 SQ.FT(RS-10) INFSQ.FT(RS-7.5),TO SINGLE-FAMILY0.990 ACRES ill to RESIDENTIAL-15,000 SQ.FT(RS-15)
0.783 ACRES
lir, R5-15
5
AKONI PU A-20a
HIGH14 A-20a
A-20a
N A-20a
r.Lt.,- Asa A5a
A-20a
A-5a R5-15
I_•imimilmiis 1 Feet
0 500 1,000 1,500 2,000
AMENDMENT TO THE ZO.NING CODE,
AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA ZONE MAP)ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAI'I COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL-TWENTY ACRES (A-20a) AND SINGLE-FAMILY RESIDENTIAL-7,500 SQ.FT (RS-7.5),
TO SINGLE-FAMILY RESIDENTIAL-15,000 SQUARE FEET (RS-15),
SINGLE-FAMILY RESIDENTIAL- 10,000 SQUARE FEET (RS-10),
SINGLE-FAMILY RESIDENTIAL-7,500 SQUARE FEET (RS-7.5), AND OPEN.
AT PAHOA, NORTH KOHALA DISTRICT, HAWAI'I
MAP PREPARED BY:
COUNTY OF HAWAI'I, PLANNING DEPARTMENT
T .5- -0 •'4 5 a d i .orti. I DATE:Dec.01,2009
EXHIBIT"A" FOR REFEREN.CE ONLY -
Hawaii Island Community Devel,Corp.KIIDC)