HomeMy WebLinkAboutPD RECOMMENDATION REPORT (REZ-21-247) RShimizuREZ.EC.9212021
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
LEILA SHINHZU
CHANGE OF ZONE APPLICATION (REZ 21-000247)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendation of the Change of
Zone request 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
recommendation based upon additional information presented at the public hearing. This
favorable recommendation is based on the following findings:
The applicant is requesting to change the zoning district from a Single-Family
Residential - 10,000 square feet(RS-10)to Industrial-Commercial Mixed District-
20,000 square feet(MCX-20) zoning district for 22,300 square feet of land in order to
convert an existing single-family dwelling into an office building to rent out or for private
use, and to develop a parking lot and related improvements on the subject parcels.
The applicant is requesting the subject change of zone to convert the existing
1,456 square foot single-family dwelling located on TMK: 2-2-035:096 for office use and
to construct an accompanying parking area for the office on the adjacent parcel
(TMK: 2-2-035:049). If the proposed change of zone is granted, the applicant intends to
consolidate the subject parcels into a single lot. The applicant is proposing a minimum of
six (6)parking stalls plus one (1)handicapped parking stall and intends to install
landscaping consistent with Planning Department Rule No. 17 in conjunction with the
Plan Approval process. As the property north of the subject site is zoned Single-Family
Residential (RS-10)the applicant proposes to install additional landscaping along the
common boundary to be in full compliance with landscaping requirements per the zoning
code. The applicant intends to finalize the renovation plans and begin construction within
one year of being granted the requested Change of Zone. The applicant estimates the cost
of this project to be $100,000 including the proposed parking area.
Please note that although the applicant is currently proposing to convert the
existing dwelling to an office building, any permitted use in the MCX-zoning district can
be established on the property should the change of zone request be approved.
In order to consider an area for any type of zoning designation, the applicable
goals,policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar areas in the
County.
The Change of Zone request from a Single-Family Residential 10,000 square
feet (RS-10) to the Industrial-Commercial Mixed 20,000 square feet (MCX-20)
zoned district will conform to the goals,policies and standards of the General Plan
Economic and Land Use Elements. The General Plan is intended to be used as a policy
guide for the coordinated growth and development of all sectors of the County. It sets
forth goals,policies, standards and courses of action to accommodate growth without
congestion,to designate and preserve the lands needed for residential use, commercial
and visitor services, industry, agriculture and open space, and to coordinate these uses
with the County's service and circulation systems. The overall goals, policies and
standards are set forth to physically plan the lands in the County in the best interest of the
island's residents. Land Use is one of the principal focal points of public concern and
policy. The Land Use Element provides the primary basis for direct control and guidance
of publicly and privately owned resources.
The request conforms to the goals, policies and standards of the General Plan in
that the proposed project will be developed in an area adequately served by necessary
services such as water,utilities, sewers and transportation systems. The applicant is
requesting an Industrial-Commercial mixed zoning. The proposed project conforms to the
Land Use - Industrial sub-element which states that `Industrial development shall be
located in areas adequately served by transportation, utilities and other amenities."
The Land Use Pattern Allocation Guide (LUPAG)Map component of the General
Plan is a representation of the document's goals and policies to guide the coordinated
growth and development of the County. It reflects a graphic depiction of the physical
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relationship among the various land uses. The LUPAG Map establishes the basic urban
and non-urban form for areas within the County. The project area is designated Industrial
on the LUPAG Map. This industrial designation includes uses such as manufacturing and
processing,wholesaling, large storage and transportation facilities, light industrial uses,
and industrial-commercial uses,therefore the requested change of zone to an MCX-20
district conforms to the LUPAG Map.
The MCX zoning designation was created when the Zoning Code was amended in
1996. In accordance with Section 25-5-130, Hawaii County Zoning Code,this district
would allow a mix of light industrial and commercial uses. The intent is to provide for
areas of diversified businesses and employment opportunities by permitting a broad range
of uses,without exposing non-industrial uses to unsafe and unhealthy environments.
Based on the preceding, the proposed MCX zoning would be consistent with the
Industrial designation on the LUPAG Map for this area of Hilo. MCX rezonings in the
area include:
• TMK: 2-2-035:001; 103, Ordinance No. 09 92 effective September 2, 2009, for
change of zone from RS-10 to MCX-20.
• TMK: 2-2-35: 63, Ordinance No.06 145 effective November 28, 2006 for change
of zone from RS-10 to MCX-20.
• TMK: 2-2-037: 041, Ordinance No.04 5, effective January 15, 2004 for change of
zone from RS-10 to MCX-20.
Despite the 1975 Hilo Community Development Plan's suggested residential
designation, this area is transitioning to commercial and light industrial uses. Land uses
in the immediate area are a mix of commercial, industrial and residential uses. The
property is bordered to the north and west by residential properties zoned Single-Family
Residential-10,000 square feet(RS-10). The area fronting Kekuanao`a Street is a mix of
residential, commercial, and limited industrial including a gas station immediately
adjacent and east of the subject site,thus the proposed change of zone would be
consistent with the zoning/land uses in the area.
The subject proposed rezone area consists of two contiguous parcels each
consisting of 11,150 square feet for a combined area of 22,300 square feet. In order to
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meet the minimum building site requirement of the requested MCX-20 zoning (minimum
of 20,000 square feet), the two lots will need to be consolidated. Thus, the Director is
recommending a condition requiring consolidation of the properties within one (1)year
of the effective date of the change of zone ordinance or prior to the issuance of Final Plan
Approval,whichever occurs first.
Furthermore,the applicant is proposing to convert an existing single-family
dwelling into an office building,which will require a change of use building permit. A
condition of approval will require that all necessary building permits, including a change
of use building permit for the existing single-family dwelling, shall be secured and
finalized prior to the commencement of the proposed office use.
All utilities and services are available to the site. The project site has frontage
along both Kekdanao`a Street and Kalanikoa Street,which are two-lane,paved County
roadways. The site is currently accessed via a single driveway to the existing single-
family dwelling on Kalanikoa Street.
Kekdanao`a Street is currently improved with 30 feet of pavement within a 40-
foot-wide right-of-way in this area and is classified as a secondary arterial road by the
Hilo Zone Map. Kalanikoa Street is currently improved with 22 feet of pavement within a
50-foot-wide right-of-way and is classified as a collector road with an existing right-of-
way width of 50 feet by the Hilo Zone Map.
As a collector street, Kalanikoa should have a total 60-foot-wide right-of-way
(currently 50 feet),thus the Director is requiring the applicant to subdivide and dedicate a
five (5) foot wide road widening strip to the County.
As a secondary arterial, Kekuanao`a Street improvements should have a total 80-
foot-wide right-of-way (currently 40 feet),which would require the applicant to
subdivide and dedicate a 20-foot-wide future road widening strip to the County, however
in this case, the Director is recommending a 10-foot-wide future road widening strip be
provided to match other MCX and commercial zoning approvals along Kekuanao`a
Street.
The applicant proposes to access the site via a permitted full-access entry/exit
along Kalanikoa Street and a limited (right-in, right-out) access from Kekdanao`a as
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recommended by the Department of Public Works (DPW). The preceding will be added
as a condition of approval.
DPW recommends the applicant install full improvements to the entire Kalanikoa
Street and Kekuanao`a Street frontages consisting of, but not limited to, pavement
widening with concrete curb, gutter, and sidewalk, drainage improvements, and any
required utility relocation within the future road widening setback established by the
Planning Department.
Additionally, DPW recommends a minimum of 20-foot corner radius (property
line)be provided at the intersection of Kekuanao`a Street and Kalanikoa Street and
recommends that the applicant install streetlights and traffic control devices as may be
required by the DPW - Traffic Division. The preceding will be added as a condition of
approval.
As the applicant is currently proposing to convert an existing dwelling into an
office building, they have requested the DPW roadway improvement requirements
outlined above be deferred to when a new structure is built on the property,preferring to
integrate the cost of those improvements within the larger development project. The
Planning Director is not inclined to support that request as there has been no
representation that the applicant ever intends to construct a new building on the property,
thus the improvements may never be made. The proposed office use is considered a
permitted use in the MCX zoning district. Moreover,these improvements have been
required of other landowners in similar rezonings fronting Kekuanao`a Street and are
appropriate for this type of zoning in urban Hilo. As such, the Director is recommending
the improvements be similarly made prior to issuance of Certificate of Occupancy.
While the proposed office use will not generate the 50+peak hour vehicle trips to
trigger a Traffic Impact Analysis Report(TIAR), a condition of approval will require a
TIAR should the applicant develop a future land use that will generate over 50 peak hour
trips.
County water is available to the site via existing 8-inch waterlines within both
Kekuanao`a Street and Kalanikoa Street, fronting the subject parcels and there is
currently one (1) existing service lateral and one (1) existing 5/8-inch meter fronting both
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parcels.DWS will determine the appropriate water commitment deposit,prevailing
facilities charge, appropriate service lateral and meter size required once the applicant
provides estimated maximum daily water usage calculations,prepared by a licensed
engineer, for the proposed industrial-commercial use. The DWS also requires a reduced
pressure type backflow prevention assembly be installed. The preceding will be added as
conditions of approval.
According to DWS, the 8-inch waterlines within Kekuanao`a Street and
Kalanikoa Street are inadequate to provide 2,000 GPM of flow for fire protection, as
required per the DWS Water System Standards for Industrial-Commercial Mixed zoning.
Any improvements required by the Fire Department and/or Department of Water Supply
to ensure that fire protection requirements are met shall be implemented. The preceding
will be added as conditions of approval.
The subject properties are accessible to the County sewer and the existing
dwelling is currently connected to the County's sewer line; therefore no sewer study is
required at this time. However, at the time the applicant applies for a change of use
permit for the existing structure and/or applies for building permits to construct another
structure,the Department of Environmental Management(DEM)may require the
applicant to submit wastewater calculations from a certified engineer and the applicant
may be required to make sewer improvements as the Director of DEM may reasonably
require. Solid waste will be handled by commercial haulers.
The project site has no severe geological or topographical problems which cannot
be rectified, or which would render the land unusable. The properties are located within
Zone "X", an area determined by FEMA to be an area of minimal flood hazard. All
development-generated runoff shall be disposed of on site and shall not be directed
toward any adjacent properties,with drainage improvements prescribed by a drainage
study approved by DPW. The preceding will be added as conditions of approval.
Electricity and telephone services are available to the property. Police, fire and
medical services are available nearby in Hilo.
The request is not contrary to Chapter 205A,Hawaii Revised Statutes,
relating to Coastal Zone Management. The project site is located more than one mile
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from the nearest shoreline and thus is situated outside of the Special Management Area
and will not be impacted by coastal hazard and beach erosion. There is no record of a
designated public access to the shoreline or mountain areas that traverses the properties.
No professional archaeological and cultural study was conducted of the properties
as they have been in residential use since 1953. According to the applicant,no valued
cultural,historical, or natural resources exist on the properties and there is no evidence of
any traditional and customary Native Hawaiian rights being practiced on the site nor are
there any known historic sites on the property as listed on the State or National Register
of Historic Places. By letter dated July 7, 2021,the State Historic Preservation Division
(SHPD) determined that no historic properties would be affected by the proposed
rezoning. The standard inadvertent archaeological find condition will be added to this
approval recommendation.
No professional floral or faunal survey was conducted of the properties due to the
long-time residential use of the properties and the urban character of the surrounding
area. Flora on the property consists of lawn, and non-native trees and ornamental plants.
Fauna in the area include introduced birds and mammals. Based on the preceding,the
applicant believes that it is unlikely that rare or endangered floral or faunal resources are
to be found within or proximate to the site.
Lastly,this approval is made with the understanding that the applicant remains
responsible for complying with all other applicable governmental requirements in
connection with the approved use,prior to its commencement or establishment upon the
subject properties. Additional governmental requirements may include the issuance of
building permits, the installation of approved wastewater disposal systems, 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.
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Based on the preceding findings,the Director recommends approval of the
change of zone request from a Single-Family Residential (RS-10) to an Industrial-
Commercial Mixed (MCX-20) district.
The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map),
Chapter 25 (Zoning Code) of the Hawai`i County Code, is provided for your favorable
consideration. Please note the proposed conditions of approval attached to the draft bill.
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4�M�V`OF h{`�pi
COUNTY OF HAWAII +_ STATE OF HAWAII
ri�•oF•rr.M�
BILL NO.
ORDINANCE NO. (PLANNING DEPT.)
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 INDUSTRIAL—
COMMERCIAL MIXED, 20,000 SQUARE FEET (MCX-20)AT WAIAKEA HOUSELOTS,
WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-035:049,AND
096.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAIL
SECTION 1. Section 25-8-33,Article 8, Chapter 25 (Zoning Code) of the Hawaii
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 Houselots,
Waiakea, South Hilo, Hawaii, shall be Industrial-Commercial Mixed Districts—20,000
square feet(MCX-20):
Beginning at the southwest corner of this lot and the northeast corner of
KekuanaWa and Kalanikoa Streets (formerly Avenues), the coordinates of said point of
beginning referred to Government Survey Triangulation Station "HALAI"being
1,763.00 feet South and 10,629.00 feet East, as shown on Government Survey Registered
Map 2566, and running by azimuths measured clockwise from True South:
1. 180° 00' 00" 100.00 feet along the east side of Kalanikoa
Street;
2. 270° 00' 00" 223.00 feet along Lot 13, Block 23;
3. 360° 00' 00" 100.00 feet along Lot 16, Block 23;
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4. 90° 00, 00" 223.00 feet along the north side of
KeuanaW a Street to the point of
beginning and containing an area of
22,300 square feet.
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, Hawaii 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.
INSERT CONDITIONS
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.
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SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawai`i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
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CShimizuREZ.EC.9172021
LEILA SHINHZU
CHANGE OF ZONE APPLICATION (REZ 21-000247)
CONDITIONS OF APPROVAL
A. The applicant, successors or assigns ("Applicant") 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. Prior to
construction, the Applicant shall secure Final Plan Approval for the proposed
development from the Planning Director in accordance with Section 25-2-70,
Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing
and/or proposed structures,paved driveway access and paved parking stalls
associated with the proposed development. Landscaping shall be indicated on the
plans for the purpose of mitigating any adverse noise or visual impacts to adjacent
properties in accordance with the requirements of Planning Department's Rule
No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawaii
County Code.
C. The Applicant shall secure Final Consolidation Approval for consolidation of the
two (2) subject parcels within one (1)year of the effective date of this ordinance
or prior to the issuance of Final Plan Approval,whichever occurs first.
D. Prior to commencement of the proposed office use within the existing single-
family dwelling, the Applicant shall secure and finalize all required building
permits from the Department of Public Works Building Division, including a
change of use building permit to convert the dwelling to an office.
E. Prior to the issuance of a water commitment by the Department of Water Supply
(DWS),the Applicant shall submit the anticipated maximum daily water usage
calculations as prepared by a professional engineer licensed in the State of
Hawaii to the DWS. The required water commitment payment shall be submitted
to the Department of Water Supply in accordance with its "Water Commitment
Guidelines Policy"prior to the issuance of Final Plan Approval. 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.
F. 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 Department of
Water Supply.
G. The Applicant shall implement any improvements required by the Fire
Department and/or Department of Water Supply to ensure that fire protection
requirements can be met for Industrial-Commercial Mixed zoning.
H. Prior to issuance of a Certificate of Occupancy for any industrial or commercial
use on the property, the Applicant shall provide improvements to the subject
property's entire Kekuando`a Street and Kalanikoa Street frontages consisting of,
but are not limited to, pavement widening with concrete curb, gutter, and
sidewalk, drainage improvements, and any required utility relocation, that shall
meet the requirements of the Americans with Disabilities Act and shall be
approved by the Department of Public Works. The improvements shall be located
within the future road widening setback established in this ordinance.
1. A ten (10) foot wide future road widening strip along the property's Kekuando`a
Street frontage and a five (5) foot wide future road widening strip along the
property's Kalanikoa Street frontage shall be subdivided and dedicated, at no cost
to the County,prior to issuance of Certificate of Occupancy for any industrial or
commercial use on the property.
J. The Applicant shall provide a minimum 20-foot corner radius (property line) at
the intersection of Kekuando`a Street and Kalanikoa Street incorporating the
future road widening setbacks prior to issuance of Certificate of Occupancy for
any industrial or commercial use on the property.
K. Access to the project site shall be limited to right-turn in, right-turn out
movements at Kekuando`a Street and full movements at Kalanikoa Street and
shall meet with the approval of the Department of Public Works. All driveway
connections to Kekuando`a Street and Kalanikoa Street shall meet the
requirements of Chapter 22 (County Streets), Hawaii County Code.
L. 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.
M. Should the Applicant develop a 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 Applicant shall implement, when required by the Department of
Public Works, at no cost to the County, any transportation system improvements
to Kekuando`a Street and Kalanikoa Street that may be deemed necessary by the
Department of Public Works.
N. All development-generated runoff shall be disposed of on site and not directed
toward any adjacent properties. A drainage study shall be prepared by a
professional civil engineer licensed in the State of Hawaii and submitted to the
Department of Public Works prior to issuance of 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.
O. All earthwork and grading activity shall conform to Chapter 10, Erosion and
Sedimentation Control of the Hawaii County Code.
P. In the event that surface or subsurface historic resources, including human
skeletal remains, structural remains (e.g. rock walls,terraces,platforms, etc.),
cultural deposits,marine shell concentrations, sand deposits, or sink holes are
identified during the demolition and/or construction work,the Applicant shall
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.
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, Hawaii 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. 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.
S. The Applicant shall comply with all applicable County, State and Federal laws,
rules,regulations and requirements.
T. 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 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 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.
U. 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.
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MCX-20 OPEN
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SINGLE-FAMILY RESIDENTIAL,
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INDUSTRIAL-COMMERCIAL MIXED,
TWENTY-THOUSAND SQUARE FEET(MXC-20)
22,300 SQ.Fr. MCX-20
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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
INDUSTRIAL-COMMERCIAL MIXED, 20,000 SQUARE FEET (MCX-20)
AT WAIAKEA HOUSELOTS, WAIAKEA, SOUTH HILO, HAWAII
MAP PREPARED BY:
TMK:(3)2-2-035:049 and 096 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:June 30,2021
EXHIBIT"A" - Leila Shimizu
Map: 1426