HomeMy WebLinkAboutPD Recommendation (PL-REZ-2024-000074)RKBXtreme-AmendREZ.9.6.26 COUNTY OF HAWAI‘I PLANNING DEPARTMENT RECOMMENDATION
KBXTREME HILO LLC (FORMERLY GILLIE & JANE SILVA) AMENDMENT TO ORDINANCE NO. 10-45 (PL-REZ-2024-000074)
Upon careful review of the request to amend conditions of Ordinance
No. 10-45, the Planning Director is recommending that a favorable
recommendation for applicant’s amendments to Conditions E, G and H,
and Planning Director’s amendments to two new conditions proposed by
applicant, and an unfavorable recommendation for applicant’s
amendments to Conditions B, J and K of Ordinance No. 10-45 be forwarded
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
position based on additional information presented at the public hearing. This
recommendation is based on the following findings:
The applicant, KBXtreme Hilo, LLC, has submitted an application to
amend numerous conditions of Change of Zone Ordinance No. 10-45,
which was originally approved to allow a change of zoning district
classification from Agricultural-One (1) Acre (A-1a) to Neighborhood
Commercial-20,000 square feet (CN-20) for a 5.075-acre parcel. The
applicant acquired the property in March 2017, after the original deadline
of May 20, 2015, to complete construction, as established by Condition E
of Ordinance No. 10-45. The previous landowner had proposed to
construct a 30,000-square foot office building, with plans to potentially
construct an additional office building. The current applicant intends to
construct a 36,000-square foot family entertainment center on the subject
property, to include bowling, an arcade, laser tag, miniature glow golf, a
restaurant, karaoke rooms and a lounge. In 2019, the zoning code was
amended to add indoor amusement and recreation facilities to the list of
permitted uses for the CN zoning district, which would include the
proposed use. However, given that an administrative time extension for
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Condition E expired on May 20, 2020, the 10-year time extension is
requested to allow adequate time to complete construction. The applicant
is requesting to amend or delete various conditions that they believe are
no longer relevant to the current proposal or that would impede the
feasible completion of the project. Additionally, the applicant proposes to
add two new conditions to allow driveway access and provide for safe
vehicular movement with a reduction of the speed limit along the subject
property’s Komohana Street frontage. Specifically, the applicant is
requesting the following amendments to Change of Zone Ordinance
No. 10-45:
- Amend Condition B (water commitment) to delete the 180-day
timeframe for payment.
- Amend Condition E (complete construction) to allow a 10-year
time extension from the effective date of this amendment.
- Delete Condition G (access easement).
- Delete Condition H (limitations to Komohana Street access).
- Delete Condition J (full improvements to Komohana Street).
- Delete Condition K (streetlights & traffic control devices).
- Add a new condition to allow partial relief from the easement
along Komohana Street to provide for driveway access.
- Add a new condition to recommend that the Department of
Public Works (DPW) consider reducing the posted speed limit
along Komohana Street fronting the subject property.
The applicant’s amendment requests, along with reasons, are
stated below. Each condition will be addressed specifically by
stating the applicant’s request and reasons for the request as well as
the Planning Director’s recommendation and reasons for the
recommendation for each requested condition amendment. The
Director supports amendments to Conditions B, C, G and H because
the recommended amendments meet the following criteria:
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1. Granting the amendment would not be contrary to the original
reasons for granting the change of zone; 2. The non-performance is
the result of conditions that could not have been foreseen or are
beyond the control of the applicants, successors or assigns, and
that are not the result of their fault or negligence. Language
proposed to be deleted is in brackets, language proposed to be
added is underlined.
Applicant’s Requested Amendment of Condition B:
Condition B: Prior to the issuance of a water commitment by the
Department of Water Supply, the applicants shall submit the anticipated
maximum daily water usage calculations as recommended by a registered
engineer, and a water commitment deposit in accordance with the “Water
Commitment Guidelines Policy” to the Department of Water Supply [within
180 days from the effective date of this ordinance]prior to the issuance of
a building permit.
Applicant’s Reasons for Amending Condition B
The applicant requests to amend Condition B by removing the
requirement to submit a water commitment deposit within 180 days by
moving the due date to prior to issuance of a building permit. The
applicant states that while they understand DWS’ request that a water
commitment be established as soon as possible since water availability
may change, they prefer to defer certain project costs until later in the
permit review process.
Planning Director’s Recommendation for Amending Condition B
The Planning Director is not supportive of removing the 180-day time
frame since DWS comments emphasize the importance of submitting
water calculations and establishing a water commitment as soon as
possible rather than waiting until prior to issuance of a building permit.
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DWS notes that unless a water commitment is officially issued, water
availability is subject to change without notice, depending on the water
situation. The applicant responded to note they understand the DWS
requirements and though the application proposes to defer certain project
costs until later in the permit review process, they will work with
appropriate design professionals to determine what is needed to prepare
the required water usage calculations for DWS review. In an updated
response letter, dated September 8, 2026, the applicant states that they
have submitted preliminary water use calculations to DWS for review and
are in discussion with DWS to submit the required water commitment
deposit. The Planning Director recommends resetting the compliance
deadline for the applicant to submit the water commitment deposit within
180 days from the effective date of the amended ordinance. This modified
amendment to Condition B is recommended since the non-performance
was the result of conditions that could not have been foreseen, beyond the
control of the applicant, and not due to negligence. Additionally, the
amendment will support the original reasons for granting the change of
zone as water infrastructure will be provided, meeting the intent of the
original change of zone.
Applicant’s Requested Amendment of Condition E
Condition E: Construction of the proposed improvements shall be
completed within [five (5)]ten (10) years from the effective date of this
amended ordinance. This time period shall include securing Final Plan
Approval from the Planning Director in accordance with Section 25-2-70,
Chapter 25 (Zoning Code), Hawai‘i County Code.
Applicant’s Reasons for Amending Condition E
The applicant requests to amend Condition E to provide a ten-year time
extension to complete construction, due to the scope and size of the
proposed project. The applicant notes that soon after the zoning code was
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amended to add indoor amusement and recreation facilities to the list of
permitted uses for the CN zoning district, an administrative time extension
for Condition E expired. Following that, the Covid-19 pandemic halted all
progress on the project. The applicant notes that economic conditions
have stabilized and they are actively resuming development efforts but are
seeking relief from the lapse of the prior extension and an additional ten-
year time extension from the effective date of the amended ordinance.
Planning Director’s Recommendation for Amending Condition E
The Planning Director is supportive of amending Condition E to allow a
ten-year time extension to complete construction as the non-performance
was the result of conditions that could not have been foreseen, beyond the
control of the applicant, and not due to negligence. Additionally, the
amendment will support the original reasons for granting the change of
zone as infrastructure will be provided, meeting the intent of the original
change of zone.
Applicant’s Request to Delete Condition G
Condition G: [Prior to issuance of Final Plan Approval, the applicants shall
grant a minimum 30-foot wide access easement on the subject property,
in favor of the adjacent landowner(s) (TMK: 2-3-37:14), in order to connect
the access at Ponahawai Street on TMK 2-3-37:14 to the access at
Ponahawai Street on the subject property for the purpose of providing
internal traffic circulation between the two properties.]
Applicant’s Reasons for Deletion of Condition G
The applicant requests to delete Condition G because this requirement
was established when both the subject property and the adjacent property
(TMK 2-3-037:014 were under single ownership and internal circulation
was desirable to serve the proposed office building. Since the parcels are
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now under different owners, each with their own dedicated access to
Ponahawai Street, the condition is no longer relevant.
Planning Director’s Recommendation for Deleting Condition G
The Planning Director is supportive of deleting Condition G since the
subject property is proposing its primary access to be from Komohana
Street and parcel 14 has its own dedicated access to Ponahawai Street.
The amendment will support the original reasons for granting the change
of zone as infrastructure will be provided and conditions of approval will
require implementation of roadway improvements as recommended by the
TIAR, subject to review and approval of the Department of Public Works.
Applicant’s Request to Delete Condition H
Condition H: [Access at Komohana Street shall be through road and utility
easement “RU-9”and shall be limited to right-turn in and right-turn out
movements only. This access shall be shared with the adjacent parcel
(TMK: 2-3-37:22). Prior to the issuance of a Certificate of Occupancy, the
applicants shall install “no left-turn” sign(s) and a physical barrier at the
property access to prevent left-turns into and out of the access driveway.
All improvements shall meet with the approval of the Department of Public
Works.]
Applicant’s Reasons for Deletion of Condition H
The applicant requests to delete Condition H as they do not believe the
road and utility easement “RU-9” is viable for a commercial driveway
access. Additionally, the neighboring residential property that uses this
easement may experience unwanted traffic on their driveway if required to
share the access easement. The applicant has developed plans for a new
entrance from Komohana Street that is located a sufficient distance from
the traffic control device at the intersection of Komohana Street and
Ponahawai Street. Additionally, the applicant proposes to widen the
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pavement to accommodate a left turn-in channel lane and a left turn-out
merge lane.
Planning Director’s Recommendation for Deleting Condition H
The Planning Director is supportive of deleting the language of Condition
H, but recommends replacing it with new language to require access
improvements at the proposed Komohana Street driveway. DPW noted in
their comments that they are agreeable to removing the right-turn in/right-
turn out only restriction for the Komohana Street but that access
improvements shall be as required by the TIAR and by DPW. The
amendment will support the original reasons for granting the change of
zone as infrastructure will be provided and conditions of approval will
require implementation of roadway improvements as recommended by the
TIAR, subject to review and approval of the Department of Public Works.
Applicant’s Request to Delete Condition J
Condition J: [Prior to the issuance of a Certificate of Occupancy, the
applicants shall provide full improvements to the property’s frontage along
Komohana 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 Department of
Public Works.]
Applicant’s Reasons for Deletion of Condition J
The applicant requests to delete Condition J based on the rationale that
curb, gutters, sidewalk and drainage improvements are absent on
neighboring parcels along Komohana Street and installation at the subject
property would create a disconnected section of sidewalk. The applicant
also feels that requiring full improvements creates an undue burden and
impacts the feasibility of the proposed project. The applicant states they
are agreeable to specific frontage improvements to be determined by
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DPW during construction plan review, with consideration given to an
alternative of maintaining a safe paved shoulder or other bicycle and
pedestrian-compatible improvements. Additionally, the applicant intends to
complete pavement widening as necessary in conjunction with their
proposed sign and striping plan for the access at Komohana Street.
Planning Director’s Recommendation for Deleting Condition J
The Planning Director is not supportive of deleting Condition J based on
comments from DPW that oppose complete relief from the requirement of
completing frontage improvements. DPW notes that the subject property is
in proximity to an existing bus route, the DOE Hilo Complex campuses,
the University of Hawaii Hilo campus and existing sidewalks on
Ponahawai Street. Additionally, the applicant proposes extended night-
time operating hours, making installation of curb, gutter and sidewalk
improvements necessary for safe pedestrian access to the proposed
facility. The Planning Director supports DPW’s recommendation to retain
Condition J, with the understanding that DPW may engage in further
discussion on the extent of required frontage improvements at the time of
construction plan review.
Applicant’s Request to Delete Condition K
Condition K: [Streetlights and traffic control devices, as may be required
by the Traffic Division, Department of Public Works, shall be installed by
the applicants at no cost to the County.]
Applicant’s Reasons for Deletion of Condition K
The applicant requests to delete Condition K and proposes to address the
need for lighting through installation of sufficient lighting in the parking lot
and driveway entrance on the subject property. The applicant additionally
stated that they are requesting flexibility in how the lighting requirement is
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satisfied, to be determined by DPW, Traffic Division, rather than relief from
providing adequate lighting.
Planning Director’s Recommendation for Deleting Condition K
The Planning Director is not supportive of deleting Condition K and notes
that the existing condition already defers to DPW, Traffic Division, to
determine what is required regarding streetlights and traffic control
devices. Based on comments from Traffic Division, they concur with DPW,
Engineering Division, in opposing deletion of Condition K. Traffic Division
notes that the requirement for installation of roadway lighting along the
project area as deemed necessary by DPW is reasonable, particularly due
to added pedestrian and bike traffic and for safer ingress and egress to
the proposed development.
Applicant’s Request to Add New Condition
Proposed Condition: Partial relief from “NO VEHICULAR ACCESS”
PLANTING SCREEN EASEMENT in an area of the property fronting
Komohana Street to provide for commercial driveway access that will not
interfere with neighboring residential property access. Relief is requested
for a length of approximately 45 feet at a location reviewed in coordination
with the Department of Public Works (DPW) Engineering Division and
DPW Traffic Division to ensure appropriate driveway placement and
two‐way left turn lane (TWLTL) spacing from the Ponahawai/Komohana
intersection, consistent with Chapter 22 (County Streets) of the Hawai‘i
County Code and the completed TIAR.
Applicant’s Reasons for Adding New Condition
The applicant requests to add a new condition that allows modification of
the existing no vehicular access planting screen easement at Komohana
Street to install an approximately 45-foot wide driveway. The applicant
notes that the driveway is intended to provide two-way left turn lane
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spacing from the intersection of Komohana Street and Ponahawai Street,
meeting with the approval of DPW and incorporating recommendations
from the TIAR. Based on DPW comments, and staff conversations to
follow up, DPW is not opposed to limited modification of the Komohana
Street easement to allow for driveway access, subject to review by DPW.
Planning Director’s Recommendation for Adding New Condition
The Planning Director is supportive of the intent of the proposed new
condition, and notes that driveway access and roadway improvements will
be as required by DPW and in concurrence with the TIAR. Language that
addresses modification of the no vehicular planting easement at
Komohana Street will be included in the recommended conditions.
Applicant’s Request to Add New Condition
Proposed Condition: As a matter of public safety, the Planning
Commission and County Council recommend that the Department of
Public Works (DPW) evaluate the posted speed limit along Komohana
Street fronting the subject property and consider a reduction of the posted
speed limit from forty‐five (45) miles per hour to thirty‐five (35) miles per
hour. This recommendation is intended to support safe ingress and egress
to the site and to improve overall traffic safety in light of the proposed
commercial driveway access and turning movements. Nothing in this
condition shall be construed to alter or supersede the independent
authority of DPW with respect to speed limit determinations or traffic
control measures.
Applicant’s Reasons for Adding New Condition
The applicant requests that the Planning Commission and County Council
include a recommendation that DPW evaluate and possibly reduce the
posted speed limit from 45 mph to 35 mph along Komohana Street
fronting the subject property. The applicant believes the request is
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warranted due to existing precedents and the potential for enhanced
public safety.
Planning Director’s Recommendation for Adding New Condition
The Planning Director is supportive of the intent of the proposed new
condition, but notes that it would be up to DPW, Traffic Division, and other
relevant county agencies to make the requested change to the posted
speed limit. The recommended language will be included either as a new
condition, or to replace a deleted condition.
Granting the amendments as recommended by the Planning Director
would not be contrary to the General Plan, Community Development Plan
or Zoning Code. According to the Zoning Code, the CN district applies to
strategically located centers suitable for commercial activities which shall be of
such size and shape as will accommodate a compact shopping center which
supplies goods and services to a residential or working population on a frequent
need or convenience basis. This district is distinguished from a central
commercial district which provides general business and broad services to a city
or region. The proposed development is consistent with providing services to a
residential or working population; thus, the request is consistent with the
surrounding land use pattern and the intent of the zoning designation.
It should be noted that since the site was rezoned, there has not been any
significant land use regulatory change in this area. The Hilo Community
Development Plan has not been updated since its adoption; however, the
majority of the proposed amendments are consistent with the 2045 General
Plan’s Land Use Map that defines the subject property and its immediately
surrounding area as Medium Density Urban. The Medium Density Urban
designation allows for village and neighborhood commercial, single-family and
multiple-family residential uses (up to 35 units per acre) and related functions.
Although several of the applicant’s requested condition amendments are
consistent with the purpose and intent of the General Plan Designation and the
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CN zoning, the applicant’s request to amend or delete Conditions B, J, and K are
contrary to the intent of providing adequate infrastructure and roadway
improvements for the proposed use.
Granting the amendments as recommended by the Planning Director
is not contrary to Chapter 205A, Hawaiʻi Revised Statutes,
relating to
Coastal Zone Management.The subject property is located approximately
1.0 miles from the nearest shoreline and is not situated within the SMA. Thus, the
property will not be affected by coastal hazards and beach erosion. There are no
identified recreational resources, historic resources, public access to the
shoreline or mountain areas, scenic and open space preserves, coastal
ecosystems, or marine resources on the subject property.
In view of the Hawaiʻi State Supreme Court’s PASH and “Ka Paʻakai O Ka
ʻĀina” decisions, the issue relative to native Hawaiian gathering and fishing rights
must be addressed in terms of the cultural, historical, and natural resources and
the associated traditional and customary practices of the site.
Investigation of valued resources: As the subject property has been
grubbed and impacted by ground-disturbing activities associated with previous
sugar cane cultivation, no formal archaeological reconnaissance survey, oral
history of kamaʻāina accounts of the area, historical survey of documentary
records, or floral/faunal studies were included in the application.
The valued cultural, historical, and natural resources found in the rezoning
area: By letter dated January 8, 2010, the Department of Land and Natural
Resources – State Historic Preservation Division (SHPD) provided comments
stating that no historic properties would be affected by the proposed
development, citing previous grading and grubbing.
The record does not identify traditional or customary Native Hawaiian
practices occurring on the subject property. The property was previously
intensively cultivated in sugar cane and has been subject to grading and
grubbing, and SHPD previously determined that no historic properties would be
affected. No public access to shoreline or mountain areas or other culturally
significant resources has been identified on the property. Based on the
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information presently in the record, the proposed amendments are not
anticipated to adversely affect identified traditional and customary practices. The
inadvertent-discovery condition will remain applicable should previously
unidentified cultural or historic resources be encountered.
Possible adverse effect or impairment of valued resources: There is no
evidence that any possible adverse effects or impairments will occur to any
valued resources.
Feasible actions to protect native Hawaiian rights: To the extent to which
traditional and customary native Hawaiian rights are exercised, the proposed
action will not affect traditional Hawaiian rights; therefore, no action is necessary
to protect these rights.
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
Americans 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.
In addition to the amendments discussed above, the proposed conditions
of approval have been updated, where appropriate, to reflect current County
Code requirements and standard condition language. These updates are
administrative in nature and are separate from the applicant-requested
amendments evaluated in this report.
Based on the above findings, the Planning Director recommends that a
favorable recommendation for applicant’s amendments to Conditions E, G
and H, and Planning Director’s amendments to two new conditions
proposed by applicant, and an unfavorable recommendation for applicant’s
amendments to Conditions B, J and K of Ordinance No. 10-45 be forwarded
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to the County Council. The accompanying draft bill to amend Ordinance No.
10-45 is provided for your favorable consideration. Please note the proposed
conditions of approval attached to the draft bill. Material to be deleted is
bracketed and struck-through; new material is underscored.
COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
BILL NO.
(Planning Department)
ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 10-45, WHICH AMENDED SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAIʻI COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL – ONE ACRE (A-1A) TO NEIGHBORHOOD COMMERCIAL – 20,000 SQUARE FEET (CN-20) AT PONAHAWAI, SOUTH HILO, HAWAIʻI, COVERED BY TAX MAP KEY NO. 2-3-037:006. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I: SECTION 1. Section 2 of Ordinance No. 10-45 is amended to read as follows:
“SECTION 2. In accordance with Section 25-2-44, Hawai‘i County Code 1983 ([2005]
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
[(1)] (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.
SEE ATTACHED CONDITIONS”
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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 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:
_______________________________________ COUNCIL MEMBER, COUNTY OF HAWAI‘I
BY REQUEST OF THE:
Planning Director
_______________, Hawai‘i
Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date:
CKBXtremeAmendREZ.9.10.26 KBXTREME HILO LLC (FORMERLY GILLIE & JANE SILVA) AMENDMENT TO ORDINANCE NO. 10-45 (PL-REZ-2024-000074) CONDITIONS OF APPROVAL
A. The applicant(s), successors or assigns (“Applicant”) 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, the
[applicants]Applicant shall submit the anticipated maximum daily water usage
calculations as recommended by a registered engineer, and a water commitment
deposit in accordance with the “Water Commitment Guidelines Policy” to the
Department of Water Supply within 180 days from the effective date of this amended
ordinance.
C. The [applicants]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
Department of Water Supply prior to issuance of a Certificate of Occupancy.
D. The [applicants]Applicant shall relocate and adjust the Department of Water
Supply’s water system facilities that are affected by construction of improvements
within the Ponahawai Street right-of-way fronting the subject property that are
required by this permit.
E. Construction of the proposed improvements shall be completed within [five (5)]ten
(10) years from the effective date of this amended ordinance. This time period shall
include securing Final Plan Approval from the Planning Director in accordance with
Section 25-2-70, Chapter 25 (Zoning Code), Hawai‘i County Code. 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.
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F. Development of the property shall be designed and constructed in a way to minimize
obstruction of the scenic views of Hilo Bay from Komohana Street.
G. [Prior to issuance of Final Plan Approval, the applicants shall grant a minimum 30-
foot wide access easement on the subject property, in favor of the adjacent
landowner(s) (TMK: 2-3-37:14), in order to connect the access at Ponahawai Street
on TMK 2-3-37:14 to the access at Ponahawai Street on the subject property for the
purpose of providing internal traffic circulation between the two properties.]The
Applicant will coordinate with the Department of Public Works and any other
necessary County agencies to evaluate the posted speed limit along Komohana
Street fronting the subject property and consider a reduction of the posted speed
limit from forty‐five (45) miles per hour to thirty‐five (35) miles per hour. Nothing in
this condition shall require a reduction in the posted speed limit as a prerequisite to
Final Plan Approval, building permit issuance, or occupancy.
H. [Access at Komohana Street shall be through road and utility easement “RU-9”and
shall be limited to right-turn in and right-turn out movements only. This access shall
be shared with the adjacent parcel (TMK: 2-3-37:22). Prior to the issuance of a
Certificate of Occupancy, the applicants shall install “no left-turn” sign(s) and a
physical barrier at the property access to prevent left-turns into and out of the
access driveway. All improvements shall meet with the approval of the Department
of Public Works.]Access from Komohana Street, including any necessary
modification of the existing No Vehicular Access Planting Screen Easement, shall
be located and constructed in accordance with Chapter 22, Hawaiʻi County
Code. Additionally, the Applicant shall incorporate applicable recommendations of
the Traffic Impact Analysis Report dated July 21, 2025, and shall include any
additional access, auxiliary-lane, traffic-control, or roadway improvements required
by the Department of Public Works. All such improvements shall be completed prior
to issuance of a Certificate of Occupancy unless otherwise approved by the
Department of Public Works.
I. Access connections to Ponahawai Street and Komohana Street shall conform to
Chapter 22 (County Streets) of the Hawai‘i County Code.
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J. Prior to the issuance of a Certificate of Occupancy, the [applicants]Applicant shall
provide full improvements to the property’s frontage along Komohana 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 Department of Public Works.
K. Streetlights and traffic control devices, as may be required by the Traffic Division,
Department of Public Works, shall be installed by the [applicants]Applicant at no
cost to the County.
L. Should the [applicants]Applicant submit plans to develop a land use beyond what is
proposed in the application, 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]Applicant shall implement when required by the Department of Public
Works, at no cost to the County, any transportation improvements deemed
necessary by the Department of Public Works.
M. Any construction within the designated FEMA flood zone shall comply with the
requirements of Chapter 27, Floodplain Management, of the Hawai‘i County Code.
N. 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 and
submitted to the Department of Public Works prior to the issuance of Final Plan
Approval. Any drainage improvements, if required, shall be constructed meeting
with the approval of the Department of Public Works prior to the issuance of a
Certificate of Occupancy.
O. During construction, measures shall be taken to minimize the potential of both
fugitive dust and runoff sedimentation. Such measures shall be in compliance with
construction industry standards and practices utilized during construction projects of
the State of Hawai‘i.
P. All earthwork activity, including grading and grubbing, shall conform to Chapter 10,
Erosion and Sedimentation Control, of the Hawai‘i County Code.
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Q. Comply with Chapter 11-55, Water Pollution Control, Hawai‘i Administrative Rules,
Department of Health, which requires a NPDES permit for certain construction
activity.
R. Construction activities must comply with the provisions of Hawai‘i Administrative
Rules, Chapter 11-46, “Community Noise Control.”
S. The [applicants]Applicant shall install a septic system(s) meeting with the
requirements of the Department of Health prior to the issuance of a Certificate of
Occupancy. In the future, should a public sewer system be installed in Ponahawai
Street or Komohana Street fronting the subject property, the [applicants]Applicant
shall connect to the sewer system.
T. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to Final Plan Approval.
U. [Should any remains of historic sites, such as rock walls, terraces, platforms, marine
shell concentrations or human burials be encountered, work in the immediate area
shall cease and the Department of Land and Natural Resources - State Historic
Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent
work shall proceed upon an archaeological clearance from the DLNR-SHPD when it
finds that sufficient mitigation 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 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.
V. [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 or final subdivision approval for
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any new residential structures.]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 Plan Approval or Final Subdivision
Approval. Fair share requirements under Condition W 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 J that were waived will become due
and payable
W. [If the applicants, successors, or assigns develops residential units on the subject
property, the applicants shall make their 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 Plan Approval. The fair share
contribution for each lot shall be based on the actual number of residential units
developed. 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 $7,698.11
per multiple family residential unit ($11,996.63 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:]Should the Applicant develop residential units on the subject
property, the Applicant shall make its fair share contribution to mitigate the potential
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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 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 $19,184.66 per single family residential unit and $12,310.59 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 shall be allocated as follows:
1. [$3,797.26 per multiple family residential unit ($5,784.99 per single family
residential unit) to the County to support park and recreational improvements
and facilities]$9,251.18 per single family residential unit and $6,072.47 per
multiple family residential unit to the County to support park and recreational
improvements and facilities;
2. [$120.01 per multiple family residential unit ($279.07 per single family
residential unit) to the County to support police facilities]$446.28 per single
family residential unit and $191.92 per multiple family residential unit to the
County to support police facilities;
3. [$369.17 per multiple family residential unit ($551.20 per single family
residential unit) to the County to support fire facilities]$881.46 per single
family residential unit and $590.37 per multiple family residential unit to the
County to support fire facilities;
4. [$164.54 per multiple family residential unit ($241.32 per single family
residential unit) to the County to support solid waste facilities]$385.91 per
single family residential unit and $263.13 per multiple family residential unit to
the County to support solid waste facilities; and
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5. [$3,247.12 per multiple family residential unit ($5,140.06 per single family
residential unit) to the County to support road and traffic improvements.]
$8,219.83 per single family residential unit and $5,192.70 per multiple family
residential unit to the County to support road and traffic improvements.
In lieu of paying the fair share contribution, the [applicants]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.
X. 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.
Y. The [applicants]Applicant shall comply with all applicable County, State and Federal
laws, rules, regulations and requirements.
Z. [An initial extension of time for the performance of conditions within the ordinance
may be granted by the Planning 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 applicants, 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.
4. The time extension granted 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 applicants should require an additional extension of time, the
Planning Director shall submit the applicant’s request to the County
Council for appropriate action.]An initial extension of time for the
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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.
AA. [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.]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.