HomeMy WebLinkAboutPD BACKGROUND REPORT (PD INITIATED_REPEAL ORD-97-106_REZ 869) BPDinitiatedKuawaREZrepea1.erk.10.20.2021
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
PLANNING DIRECTOR INITIATED
REPEAL CHANGE OF ZONE ORDINANCE NO. 97 106 (REZ 869)
The Planning Director has initiated the repeal of Change of Zone Ordinance No. 97 106
and amending Section 25-8-33 (City of Hilo Zone Map), Chapter 25,Article 8, of the Hawaii
County Code 1983 (2016 edition, as amended),by reverting the current zoning of the subject
properties from Industrial Commercial Mixed-20,000 square feet(MCX-20)to their original,
Limited Industrial-20,000 square feet(ML-20) zoning district for 147,736 square feet of land.
The rezone area, consisting of five parcels is located at the southeast corner of Kalanikoa and
Kuawa Streets, approximately 130 feet west of Kanoelehua Avenue at Waiakea, South Hilo,
Hawaii, TMKs: (3) 2-2-032:023 & 2-2-032:101 through 104.
PLANNING DIRECTOR'S REQUEST
1. Request: The Planning Director is initiating a request to repeal Ordinance No. 97 106 in
response to a written request submitted by representatives of Chaqueaux, LLC who
purchased four of the five parcels (with the exception of parcel 104) in January 2021. The
repeal would revert the zoning of the five parcels totaling 147,736 square feet of land to
their original ML-20 zoning designation from the current MCX-20 zoning designation.
Requirements for establishing a land use in both zoning districts, including lists of the
variety of permitted uses, are shown in Section 25-5-130 to 25-5-138 (MCX) and Section
25-5-140 to 25-5-147 (ML) of the Zoning Code. (Planning Department Exhibit 1-
Zoning Code Requirements for MCX District and Planning Department Exhibit 2-
Zoning Code Requirements for ML District).
2. Reasons for the Request: According to the request, following the purchase of four(4)
parcels in 2021, the landowners inquired about obtaining Plan Approval for uses on one
of the properties. At that time,they were informed that due to the previous owners' non-
compliance with conditions of the subject ordinance, Plan Approval for uses permitted in
either zoning district would not be possible. Incomplete conditions include Condition C
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(time to complete construction) and Condition E (roadway improvements),which
required compliance within five years and three years respectively from the effective date
of the subject ordinance, which was August 13, 1997. As the landowners have no
intention of developing uses permitted in the MCX zoning district,they are requesting
that the Planning Director initiate rezoning to its original zoning,pursuant to Condition N
of the subject ordinance.
As parcel 104 is owned by a separate entity (159 Kalanikoa SP, LLC),representatives of
Chaqueaux, LLC contacted them to determine if they would like to join in the reversion
request. At the time of this writing,neither Chaqueaux, LLC nor the Planning
Department has received a response. Parcel 104 is improved with a structure permitted
and built prior to the subject rezone that includes a self-storage facility and business
center currently consisting of a furniture repair facility/store and an ambulance base yard
and accessory office and related improvements. As the preceding uses are are permitted
uses in either zoning district,the requested reversion would not impact their existing use,
so the Planning Director has agreed to initiate the repeal of the subject ordinance in its
entirety,which will revert the zoning of all five parcels.
3. Landowners: Chaqueaux, LLC owns TMKs: 2-2-032:023, 2-2-032:101 through 103 &
159 Kalanikoa SP, LLC owns TMK: 2-2-032:104.
4. Supporting Information: (Planning Department Exhibit 3 —Reversion request letter
from the Law Offices of Yeh & Kim dated August 17, 2021 and Additional
Information letter from the same dated September 21, 2021)
BACKGROUND INFORMATION
5. August 13, 1997: Effective date of Change of Zone Ordinance 97 106 which reclassified
five parcels totaling 147,736 square feet of land from ML-20 to MCX-20 (Planning
Department Exhibit 4- Ordinance No. 97 106). According to the rezone application,
then applicant KCOM Corporation did not have any specific development plans for the
parcel but wanted to rezone the properties to develop facilities to provide commercial and
industrial services related to the airport, harbor and adjacent commercial neighborhood
including shopping, services and job opportunities in wholesaling, manufacturing,
retailing, food service and construction.
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6. February 13, 2021: Date 159 Kalanikoa SP, LLC acquired TMK: 2-2-032:104.
7. January 29, 2021: Date Chaqueaux, LLC acquired TMKs: 2-2-032:023 and 101-103.
STATE AND COUNTY PLANS
8. State Land Use Designation: Urban.
9. General Plan LUPAG Map: Industrial.
10. County Zoning: Industrial Commercial Mixed-20,000 square feet(MCX-20).
11. Hilo Community Development Plan: The Hilo CDP was adopted by Planning
Commission Resolution in 1975. The CDP and Land Use Concept Map recommends the
area to remain Industrial.
DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA
8. Subject Properties: The five (5) subject properties are located at the southeast corner of
Kalanikoa and Kuawa Streets and consist of the following:
■ TMK 2-2-032:023, 101 & 102 are all approximately 20,200 square feet in size,
rectangular in shape and currently vacant of structures with deteriorated AC paving.
■ TMK 2-2-032:103 is approximately 28,800 square feet,rectangular in shape and
improved with an 1,875 square foot commercial structure and related improvements
that is the former site of the Morning Dew Restaurant and Lounge. The business has
since closed, and the structure is vacant; and
■ TMK 2-2-032:104 is approximately 1.34 acres in size and rectangular in shape. The
property is improved with a two-story, 36,000 square foot self-storage facility,
parking and related improvements built in 1994.
9. Surrounding Zoning/Land Uses: The property is within an area that has been
extensively developed for commercial and industrial uses. Adjacent lands to the south
and west(across Kalanikoa Street) are zoned ML-20 and properties adjacent to the east
and north (across Kuawa Street) are zoned MCX-20. Surrounding uses include restaurant,
commercial/retail, office, school/church,personal service, light industrial,the County's
Ho`olulu Park Complex and the Hilo International Airport.
10. FIRM: Zone "X", an area of minimal flood hazard.
11. Flora/Fauna Resources: No formal flora/fauna study has been conducted as the subject
properties have been cleared, paved, and used for commercial/industrial purposes for
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several decades,thus it is unlikely that there are any protected floral or faunal resources
within the subject parcels.
12. Archaeological Resources: No archaeological survey was submitted as the subject
properties have been cleared, paved, and used for commercial/industrial purposes for
several decades,thus it is unlikely that there are any archaeological, historical, or cultural
resources within the subject parcels.
13. Cultural or Native Gathering Rights: No known traditional and customary Native
Hawaiian rights are being practiced on the site.
14. Public Access: None.
PUBLIC FACILITIES AND SERVICES
15. Access: The subject properties are located at the intersection of Kalanikoa and Kuawa
Streets. Current access to the self-storage facility on Parcel 104 is via two (2)paved
driveways from Kalanikoa Street, which is a County road with an approximate 20-foot
pavement with 6-foot-wide gravel shoulders, all within a 60-foot right-of-way. Current
access to all the other subject parcels is via a paved driveway to the former Morning Dew
Restaurant and Lounge from Kuawa Street,which is a County road with an approximate
30-foot pavement with a two-foot concrete curb, gutter and sidewalk(6-foot wide with a
Y-6" wide planting area) on the northern side,with a 12-foot gravel shoulder on the
southern side, within a 60-foot right-of-way.
15. Water: Water can be made available to the properties from existing 8-inch waterlines
within Kalanikoa Street and Kuawa Street fronting the properties with a connection size
subject to review and approval during the construction design phase of any proposed
development.
16. Wastewater: There are County Sewer lines found within both Kalanikoa Street and
Kuawa Street fronting the subject properties. Any new development within the subject
parcels will be required to connect to the County Sewer system pursuant to County Sewer
Code.
17. Solid Waste: The subject properties are situated in close proximity to the Hilo Transfer
Station at the former landfill. Solid waste from any newly developed use must comply
with the requirements of the Department of Environmental Management.
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18. Essential Utilities and Services: All essential utilities are available to the properties.
AGENCIES' COMMENTS
19. None were solicited or received.
PUBLIC COMMENTS
20. The Department has not received any written comments or objections from the general
public or adjacent landowners.
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ZONING § 25-5-128
Section 25-5-128. Other regulations.
(a) Plan approval shall be required for all new structures and additions to existing
structures in the CV district, except for construction of one single-family dwelling
and any accessory buildings per lot.
(b) Exceptions to the regulations for the CV district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 15; am 2015,
ord 15-33, sec 4.)
Division 13. MCX, Industrial-Commercial Mixed Districts.
Section 25-5-130. Purpose and applicability.
The purpose of the MCX (industrial-commercial mixed use) district is to allow
mixing of some industrial uses with commercial uses. The intent of this district is to
provide for areas of diversified businesses and employment opportunities by permitting
a broad range of uses, without exposing nonindustrial uses to unsafe and unhealthy
environments. This district is intended to promote and maintain a viable mix of light
industrial and commercial uses.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-131. Designation of MCX districts.
Each MCX (industrial-commercial mixed use) district shall be designated by the
symbol "MCX' followed by a number which indicates the minimum land area, in
number of thousands of square feet, required for each building site.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-132. Permitted uses.
(a) The following uses shall be permitted in the MCX district:
(1) Agricultural products processing, minor.
(2) Amusement and recreation facilities, indoor.
(3) Art galleries, museums.
(4) Art studios.
(5) Automobile sales and rentals.
(6) Automobile service stations.
( ) Bars, nightclubs and cabarets.
(8) Broadcasting stations.
(9) Business services.
(10) Car washing.
(11) Catering establishments.
(12) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(13) Churches, temples and synagogues.
25-111
Planning Dept.
Exhibit 1
§ 25-5-132 Hawal`I COUNTY CODE
(14) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the
cleaning agent.
(15) Commercial parking lots and garages.
(16) Community buildings, as permitted under section 25-4-11.
(17) Convenience stores.
(18) Crematoriums, funeral homes, funeral services, and mortuaries.
(19) Data processing facilities.
(20) Display rooms for products sold elsewhere.
(21) Equipment sales and rental yards.
(22) Farmers markets.
(23) Financial institutions.
(24) Food manufacturing and processing.
(25) Home improvement centers.
(26) Ice storage and dispensing facilities.
(27) Kennels in sound-attenuated buildings.
(28) Laboratories, medical and research.
(29) Laundries.
(30) Manufacturing, processing and packaging establishments, light.
(31) Medical clinics.
(32) Meeting facilities.
(33) Model homes.
(34) Motion picture and television production studios.
(35) Offices.
(36) Personal services.
(37) Photographic processing.
(38) Photography studios.
(39) Plant nurseries.
(40) Public uses and structures, as permitted under section 25-4-11.
(41) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating
shops.
(42) Repair establishments, minor.
(43) Restaurants.
(44) Retail establishments.
(45) Sales and service of machinery used in agricultural production.
(46) Schools, business.
(47) Schools, photography, art, music and dance.
(48) Schools, vocational.
(49) Self-storage facilities.
(50) Telecommunications antennas, as permitted under section 25-4-12.
(51) Temporary real estate offices, as permitted under section 25-4-8.
(52) Theaters.
(53) Utility substations, as permitted under section 25-4-11.
(54) Veterinary establishments in sound-attenuated buildings.
25-112
ZONING § 25-5-132
(55) Warehousing.
(56) Wholesaling and distribution operations.
(b) In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the MCX district, provided that a use permit is issued for each
use:
(1) Major outdoor amusement and recreation facilities.
(2) Schools.
(3) Yacht harbors and boating facilities.
(c) Buildings and uses normally considered directly accessory to the uses permitted in
this section shall also be permitted in the MCX district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2003, ord 03-113, sec 1; am 2011, ord
11-26, sec 3; am 2012, ord 12-28, sec 15.)
Section 25-5-133. Height limit.
The height limit in the MCX district shall be forty-five feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-134. Minimum building site area.
The minimum building site area in the MCX district shall be twenty thousand
square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-135. Minimum building site average width.
Each building site in the MCX district shall have a minimum building site average
width of ninety feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-136. Minimum yards.
The minimum yards in the MCX district shall be as follows:
(1) Front yards, twenty feet; and
(2) Side and rear yards, none, except where the adjoining building site is in an
RS, RD, RM or RCX district. Where the side or rear property line adjoins the
side or rear yard of a building site in an RS, RD, RM or RCX zoned district,
there shall be a side or rear yard which conforms to the side or rear yard
requirements for dwelling use of the adjoining district.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-137. Landscaping of yards.
(a) All front yards in the MCX district shall be landscaped, except for necessary access
drives and walkways.
(b) Any required side or rear yard in the MCX district adjoining a building site in an
RS, RD, RM or RCX district, shall be landscaped with a screening hedge not less
than forty-two inches in height, within five feet of the property line, except for
necessary drives and walkways.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
25-113
§ 25-5-138 HAwAI`I COUNTY CODE
Section 25-5-138. Other regulations.
(a) Plan approval shall be required for all new structures and additions to existing
structures in the MCX district.
(b) Exceptions to the regulations for the MCX district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4.)
Division 14. ML, Limited Industrial Districts.
Section 25-5-140. Purpose and applicability.
The ML (limited industrial) district applies to areas for business and industrial
uses which are generally in support of but not necessarily compatible with those
permissible activities and uses in other commercial districts.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-141. Designation of ML districts.
Each ML (limited industrial) district shall be designated by the symbol"ML"
followed by a number which indicates the minimum land area, in thousands of square
feet, required for each building site.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-142. Permitted uses.
(a) The following uses shall be permitted in the ML district:
(1) Agricultural products processing, minor.
(2) Airfields, heliports and private landing strips.
(3) Amusement and recreation facilities, indoor.
(4) Animal hospitals.
(5) Animal quarantine stations.
(6) Aquaculture activities.
(7) Automobile and truck storage facilities.
(8) Automobile and truck sales and rentals.
(9) Automobile service stations.
(10) Bakeries.
(11) Bars.
(12) Broadcasting stations.
(13) Car washing.
(14) Carpentry, hardwood products and furniture manufacturing and storage
establishments.
(15) Catering establishments.
(16) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(17) Churches, temples and synagogues.
(18) Cleaning and dyeing plants.
SUPP. 7 (1-2020) 25-114
§ 25-5-138 HAwAI`I COUNTY CODE
Section 25-5-138. Other regulations.
(a) Plan approval shall be required for all new structures and additions to existing
structures in the MCX district.
(b) Exceptions to the regulations for the MCX district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4.)
Division 14. ML, Limited Industrial Districts.
Section 25-5-140. Purpose and applicability.
The ML (limited industrial) district applies to areas for business and industrial
uses which are generally in support of but not necessarily compatible with those
permissible activities and uses in other commercial districts.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-141. Designation of ML districts.
Each ML (limited industrial) district shall be designated by the symbol"ML"
followed by a number which indicates the minimum land area, in thousands of square
feet, required for each building site.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-142. Permitted uses.
(a) The following uses shall be permitted in the ML district:
(1) Agricultural products processing, minor.
(2) Airfields, heliports and private landing strips.
(3) Amusement and recreation facilities, indoor.
(4) Animal hospitals.
(5) Animal quarantine stations.
(6) Aquaculture activities.
(7) Automobile and truck storage facilities.
(8) Automobile and truck sales and rentals.
(9) Automobile service stations.
(10) Bakeries.
(11) Bars.
(12) Broadcasting stations.
(13) Car washing.
(14) Carpentry, hardwood products and furniture manufacturing and storage
establishments.
(15) Catering establishments.
(16) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(17) Churches, temples and synagogues.
(18) Cleaning and dyeing plants.
SUPP. 7 (1-2020) 25-114
Planning Dept.
Exhibit 2
ZONING § 25-5-142
(19) Commercial parking lots and garages.
(20) Community buildings, as permitted under section 25-4-11.
(21) Contractors' yards for equipment, material, and vehicle storage, repair, or
maintenance.
(22) Crematoriums, funeral homes, funeral services, and mortuaries.
(23) Day care centers.
(24) Financial institutions.
(25) Food manufacturing and processing facilities.
(26) Greenhouses, plant nurseries.
(27) Heavy equipment sales, service and rental.
(28) Home improvement centers.
(29) Junkyards, provided that the building site is not less than one acre in area.
(30) Laboratories, medical and research.
(31) Laundries.
(32) Lumberyards and building material yards, but not including concrete or
asphalt mixing and the fabrication by riveting or welding of steel building
frames.
(33) Manufacturing, processing and packaging establishments, light.
(34) Motion picture and television production studios.
(35) Photographic processing.
(36) Plumbing, electrical, air conditioning and heating establishments.
(37) Public uses and structures, as permitted under section 25-4-11.
(38) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating
shops.
(39) Recycling centers, which do not involve the processing of recyclable materials.
(40) Repair establishments, minor.
(41) Restaurants.
(42) Self storage facilities.
(43) Storage and sale of seed, feed, fertilizer and other products essential to
agricultural production.
(44) Telecommunication antennas, as permitted under section 25-4-12.
(45) Temporary real estate offices, as permitted under section 25-4-8.
(46) Transportation and tour terminals.
(47) Truck, freight and draying terminals.
(48) Utility facilities, public and private, including offices or yards for equipment,
material, vehicle storage, repair or maintenance.
(49) Utility substations, as permitted under section 25-4-11.
(50) Veterinary establishments.
(51) Vocational schools.
(52) Warehousing, which does not include retail sales or discount houses or
establishments open to the general public or defined members.
(53) Wholesaling and distribution, including the storage of incidental materials
and equipment, except for highly flammable or explosive products.
25-115 SUPP. 7 (1-2020)
§ 25-5-142 HAWAII COUNTY CODE
(b) In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the ML district, provided that a use permit is issued for each
use:
(1) Major outdoor amusement and recreation facilities.
(2) Schools.
(3) Yacht harbors and boating facilities.
(c) The following uses may be permitted in the ML district as incidental and
subordinate to any permitted use:
(1) Living quarters for watchmen or custodians in connection with the operation
of any permitted use.
(2) Retail sales.
(3) Services for persons working in an ML district which are conducted within an
integral part of a main structure with entrances from the interior of the
building and which have no display or advertising visible from the street.
(d) Buildings and uses normally considered directly accessory to the uses permitted in
this section shall also be permitted in the ML district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2011, ord 11-26, sec 4; am 2012, ord
12-28, sec 16; am 2019, ord 19-100, sec 8.)
Section 25-5-143. Height limit.
The height limit in the ML district shall be forty-five feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-144. Minimum building site area.
The minimum building site area in the ML district shall be ten thousand square
feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-145. Minimum building site average width.
Each building site in the ML district shall have a minimum building site average
width of seventy-five feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-146. Minimum yards.
Minimum yards in the ML district shall be as follows:
(1) Front yard, fifteen feet; and
(2) Side and rear yards, none, except where the adjoining building site is in an
RS, RD, RM or RCX district. Where the side or rear property line adjoins the
side or rear yard of a building site in an RS, RD, RM or RCX district, there
shall be a side or rear yard which conforms to the side or rear yard
requirements for dwelling use of the adjoining district.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
SUPP. 7 (1-2020) 25-116
ZONING § 25-5-147
Section 25-5-147. Other regulations.
(a) All front yards in the ML district shall be landscaped, except for drives and
walkways.
(b) Where any required side or rear yard in the ML district adjoins a building site in an
RS, RD, RM or RCX district, the side or rear yard shall be landscaped with a
screening hedge not less than forty-two inches in height, along the side or rear
property lines so adjoining, except for necessary drives and walkways.
(c) Plan approval shall be required for all new structures and additions to existing
structures in the ML district.
(d) Exceptions to the regulations for the ML district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4.)
Division 15. MG, General Industrial Districts.
Section 25-5-150. Purpose and applicability.
The MG (general industrial) district applies to areas for uses that are generally
considered to be offensive or have some element of danger.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-151. Designation of MG districts.
Each MG (general industrial) district shall be designated by the symbol"MG"
followed by a number which indicates the minimum land area, in number of thousands
of square feet, required for each building site, or if the number is followed by the symbol
"a,"by the minimum number of acres required for each building site.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-152. Permitted uses.
(a) The following uses shall be permitted in the MG district:
(1) Agricultural products processing, major and minor.
(2) Airfields, heliports and private landing strips.
(3) Amusement and recreation facilities, indoor.
(4) Animal hospitals.
(5) Animal quarantine stations.
(6) Animal sales, stock, and feed yards.
(7) Aquaculture activities and facilities.
(8) Automobile and truck storage facilities.
(9) Automobile body and fender establishments.
(10) Automobile service stations.
(11) Bakeries.
(12) Bars.
(13) Breweries, distilleries, and alcohol manufacturing facilities.
(14) Broadcasting stations.
25-117 SUPP. 7 (1-2020)
Law Offices of Yeh & Kim RONALD N.W.KIM
A Limited Liability Law Company Associate: rkin'@yehandkim.eom
KEYRA K.WONG
505 Kilauea Ave.#B,Hilo,Hawai'i 96720-2830
Of Counsel:kwong@yehandkim.com
Telephone (808)961-0055 THOMAS L.H.YEH
tly@ yehandkim.com
JOHN MUKAI
jmukai@yehandkim.com
DANNY PATEL
dpatel@yehandkim.com
August 17, 2021
Zendo Kern, Director
Hawaii County Planning Department
101 Pauahi Street, 43
Hilo, HI 96720
Zendo.kern(�hawaiicountygov
Enactment of Ordinance to Rezone Tax Map Key Nos. 2-2-032-023, 2-2-032-101, 2-
2-032-102, 2-2-032-103, 2-2-032-104 back to Limited Industrial (ML-20)
Dear Mr. Kern,
I am writing on behalf of my client, Chaqueaux, LLC, to request that you initiate
action to enact an ordinance to rezone properties identified by TMK Nos. 2-2-032-023, 2-2-
032-101, 2-2-032-102, 2-2-032-103, 2-2-032-104 ("Property") that Hawaii County Council
Ordinance No. 97-106 ("Ord. No. 97-106" or the"Ordinance") changed from the Limited
Industrial ("ML-20") District Classification to Industrial-Commercial Mixed("MCX-20")
due to the failures to fulfill the Ordinance's conditions by the deadlines therein.
Chaqueaux, LLC owns a substantial portion of the Property, identified by TMK Nos. 2-2-
032-023, 2-2-032-101, 2-2-032-102, and 2-2-032-103 ("Kuawa Lots"), and has no plans to
use the Kuawa Lots for MCX purposes.
The intent of the MCX zoning district it"to permit a broad range of uses without
exposing nonindustrial uses to unsafe and unhealthy environments", promoting"a viable
mix of light industrial and commercial uses." HCC § 25-5-130. The ML zoning district is
intended for"areas for business and industrial uses which are generally in support of but not
necessarily compatible with those permissible activities and uses in other commercial
districts." HCC § 25-5-140. Accordingly, the following uses are among the uses allowed
in the ML, but not the MCX district: automobile and truck storage facilities; carpentry,
hardwood products and furniture manufacturing and storage establishments; cleaning and
dyeing plants without restrictions; contractors' yards for equipment, material, and vehicle
storage, repair or maintenance; greenhouses and plant nurseries; heavy equipment sales,
service, and rental; lumberyards and building material yards; plumbing, electrical, air
conditioning, and heating establishments; recycling centers; storage and sale of agricultural
production products; transportation and tour terminals; utility facilities,public and private,
including offices or yards for equipment, material,vehicle storage, repair or maintenance;
vocational schools; warehousing that does not include retail sales or discount houses or
establishments open to the general public or defined members; wholesaling and distribution
Planning Dept.
Exhibit 3
Law Offices of Yeh & Kim
A Limited Liability Law Company
August 17, 2021
Page 2
that includes the storage of incidental materials and equipment except for highly flammable
or explosive products. Compare HCC § 25-5-132 with HCC § 25-5-142.
The basis for rezoning the Property is that the conditions of Ord. No. 97-106 have not
been met or substantially complied with by the deadlines set forth by the ordinance. The
rezoning applicant had proposed facilities that would provide commercial and industrial
services related to the airport, harbor, and adjacent commercial neighborhoods, including
shopping, services and job opportunities in wholesaling, manufacturing, retailing, food
service, and construction. Condition C required that construction of the proposed industrial-
commercial development and related improvements within the Property were to be
completed within five (5)years of the effective date of the Ordinance. Condition E
required that roadway improvements to Kalanikoa Street fronting TMK No. 2-2-032-104
including curbs, gutters, sidewalks, and drainage improvements were to have been
completed within three (3)years of the effective date of the Ordinance. The effective date
of the Ordinance was August 13, 1997. As of the present date, neither the proposed
facilities nor roadway improvements have been constructed as required by the Ordinance.
As stated in Condition N of the Ordinance and authorized by HCC § 25-2-44(c), the
failures to fulfill the conditions of that ordinance within the time limitations provided
therein are grounds for the Planning Director to initiate the enactment of an ordinance that
will rezone the Property back to its original zoning designation. As a practical matter the
Property is presently in a virtual "zoning limbo'-due to the conditions in Ord. No. 97-106
that were not fulfilled by the deadline, Chaqueaux, LLC has been informed that it would not
be able to obtain plan approval for the Kuawa Lots consistent with either MCX-20 or ML-
20 uses. Chaqueaux, LLC requests that you exercise the authority granted per Code and
Ordinance to initiate the enactment of an ordinance to rezone the Property back to the ML-
20 zoning designation to allow for uses consistent with the ML zoning designation on the
Kuawa Lots.
Thank you in advance for your review and consideration of this request.
Very truly yours,
LAW OFFICES OF YEH & KIM
RONALD N.W. KIM
Law Offices of Yeh & Kim RONALD N.W.KIM
A Limited Liability Law Company Associate: rkim@yehandkim.com
KEYRA K.WONG
505 Kilauea Ave.#B,Hilo,Hawai'i 96720-2830 Of Counsel:kwong@yehandkim.com
Telephone (808)961-0055 THOMAS L.H.YEH
tly@ yehandkim.com
JOHN MUKAI
jmukai@yehandkim.com
DANNY PATEL
dpatel@yehandkim.com
September 21, 2021
Zendo Kern, Director
Hawaii County Planning Department
101 Pauahi Street, 93
Hilo, HI 96720
Zendo.kem(2hawaiicounly.gov
Enactment of Ordinance to Rezone Tax Map Key Nos. 2-2-032-023, 2-2-032-101, 2-
2-032-102, and 2-2-032-103 back to Limited Industrial (ML-20)
Dear Mr. Kern,
I am writing on behalf of my client, Chaqueaux, LLC, as a follow-up to its request
that you initiate action to enact an ordinance to rezone properties identified by TMK Nos. 2-
2-032-023, 2-2-032-101, 2-2-032-102, 2-2-032-103, and 2-2-032-104 ("Property"). We
have attempted to contact the owner of the property identified as TMK No. 2-2-032-104
("Lot 104")regarding the rezoning process, William Warren Properties, Inc. ("Warren
Properties"), but Warren Properties has not responded to our inquiries. My client directly
called Warren Properties and left several voicemails, and my office sent Warren Properties
the enclosed letters on September 2, 2021, and September 20, 2021. My client sent the
September 2, 2021, letter via Certified Mail, Return Receipt Requested, and Warren
Properties signed to acknowledge the receipt of that letter on September 8, 2021.
As you can see from the letters,we let Warren Properties know that we had
requested that the rezoning process be initiated and asked if Warren Properties wanted to be
included in this process. We informed Warren Properties that we would understand a non-
response to be an indication that they did not want to have Lot 104 included in the rezoning
process. After we did not receive any response from Warren Properties for two weeks,we
sent them a second letter letting them know that we understood they did not want to have
Lot 104 included in the rezoning process, but that they could contact the Planning
Department if they decided to include Lot 104 in the rezoning process.
Sincerely,
LAW OFFICES OF YEH & KIM
RONALD N.W. KIM
Planning Depi.
Law Offices of Yeh & Kim RONALD N.W.KIM
A Limited Liability Law Company Associate: rkim@yehandkim.com
KEYRA K.WONG
505 Kilauea Ave.#B,Hilo,Hawai'i 96720-2830 Of Counsel:kwong@yehandkim.com
Telephone (808)961-0055 THOMAS L.H.YEH
tly@ yehandkim.com
JOHN MUKAI
jmukai@yehandkim.com
DANNY PATEL
dpatel@yehandkim.com
September 2, 2021
SENT VIA CERTIFIED MAIL,RETURN RECEIPT REQUESTED
William Warren Properties, Inc.
PO Box 2034
Santa Monica, CA 90406
Rezoning Tax Map Key Nos. 2-2-032-023, 2-2-032-101, 2-2-032-102, 2-2-032-103,
2-2-032-104 back to Limited Industrial (ML-20)
To Whom it May Concern,
I am writing on behalf of my client, Chaqueaux, LLC ("Chaqueaux"),regarding
rezoning properties identified by TMK Nos. 2-2-032-023, 2-2-032-101, 2-2-032-102, 2-2-
032-103, 2-2-032-104 ("Property")that Hawaii County Council Ordinance No. 97-106
("Ord.No. 97-106" or the "Ordinance") changed from the Limited Industrial ("ML-20")
District Classification to Industrial-Commercial Mixed ("MCX-20") due to the failures to
fulfill the Ordinance's conditions by the deadlines therein. Chaqueaux owns TMK Nos. 2-
2-032-023, 2-2-032-101, 2-2-032-102, and 2-2-032-103, while your company owns TMK
No. 2-2-032-104. Chaqueaux has requested that the Planning Department initiate the
process of rezoning its properties and the Planning Department has inquired whether you
also support rezoning your property.
Ord. No. 97-106 laid out numerous conditions for the rezoning which remain
unfulfilled for the entire Property. Condition C required that construction of the proposed
industrial-commercial development and related improvements within the Property were to
be completed within five (5)years of the effective date of the Ordinance. Condition E
required that roadway improvements to Kalanikoa Street fronting your property that
included curbs, gutters, sidewalks, and drainage improvements were to have been completed
within three (3)years of the effective date of the Ordinance. The effective date of the
Ordinance was August 13, 1997.
As of the present date neither the proposed facilities nor roadway improvements
have been constructed as required by the Ordinance. I have reviewed a letter dated
December 12, 2019, from the former Planning Director to a consultant for the purchase of
your company's property which stated that there were no current or prior zoning code
violations or complaints; however, that letter did not address the non-compliance with Ord.
No. 97-106. Pleased understand that due to the non-compliance with conditions,the
Property is presently in a virtual "zoning limbo"- Chaqueaux has been informed that it is not
able to obtain plan approval for its property consistent with either MCX-20 or ML-20 uses,
Law Offices of Yeh & Kim
A Limited Liability Law Company
September 2, 2021
Page 2
and your company's property is in a similar predicament. Rezoning the entire Property to
ML will allow the owners, Chaqueaux and your company,to be excused from the conditions
imposed by Ord.No. 97-106.
Chaqueaux supports rezoning because it does not intend to use its properties for
MCX uses. Your company's present use of the Property, as a self-storage unit, is a
permitted use in both the ML and MCX districts. Compare HCC § 25-5-132 with HCC §
25-5-142. Please let my office know within one week of the date of this letter,by
September 9, 2021, if your company will also support rezoning your property, or if your
company would prefer that its property is excluded from the rezoning process. If we have
not heard from you by then,we will understand that you would not like your property
included in the rezoning process and ask that the Planning Department bifurcate your
property from the rezoning process.
Very truly yours,
LAW OFFICES OF YEH & KIM
RONALD N.W. KIM
Law Offices of Yeh & Kim RONALD N.W.KIM
A Limited Liability Law Company Associate: rkim@yehandkim.com
KEYRA K.WONG
505 Kilauea Ave.#B,Hilo,Hawai'i 96720-3059 Of Counsel:kwong@yehandkim.com
Telephone (808)961-0055 THOMAS L.H.YEH
tly@ yehandkim.com
JOHN MUKAI
jmukai@yehandkim.com
DANNY PATEL
dpatel@yehandkim.com
September 20, 2021
William Warren Properties, Inc.
PO Box 2034
Santa Monica, CA 90406
Re: Rezoning Tax Map Key Nos. 2-2-032-023, 2-2-032-101, 2-2-032-102,
2-2-032-103 and 2-2-032-104 back to Limited Industrial (ML-20)
To Whom It May Concern,
Thank you for your attention to this matter. My office has not received any response
to my letter dated September 2, 2021, and we accordingly understand that you would not like
your property to be included in the rezoning process. We have informed the Planning
Department that we understand that you would like to have them bifurcate your property from
the rezoning process. Please contact the Planning Department if this understanding is
incorrect and you would like your property included in the rezoning process.
Very truly yours,
LAW OFFICES OF YEH & KIM
RONALD N.W. KIM
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 102
(Draft 2)
ORDINANCE NO. 97 106
AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM LIMITED INDUSTRIAL (ML-20)
TO INDUSTRIAL-COMMERCIAL MIXED (MCX-20) AT WAIAKEA, SOUTH HILO,
HAWAII, COVERED BY TAX MAP KEY 2-2-32:23, 101, 102, 103 AND 104.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION I. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii
County Code, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Waiakea, South Hilo,
Hawaii, shall be Industrial - Commercial Mixed(MCX-20):
Beginning at the southwest corner of this parcel of land and on the east side of
Kalanikoa Street, the coordinates of said point of beginning referred to Government
Survey Triangulation Station "HALAI" being 1,129.15 feet north and 10,633.00 feet east,
and thence running by azimuths measured clockwise from true South:
1. 1800 00' 495.76 feet along the west side of Kalanikoa Street;
2. 270° 00' 298.00 feet along Kuawa Street;
3. 3600 00' 495.76 feet along the remainder of Grant 11,766,
Parcel 2 to Amfac, Inc.;
4. 900 00' 298.00 feet along the remainder of Grant 11,766,
Parcel 2 to Amfac, Inc., to the point of
beginning and containing an area of 147,736
square feet, more or less.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof(herein after referred to as the "subject property").
Planning Dept.
Exhibit__4
SECTION 2. This change in district classification is conditioned upon the following:
A. The applicant, its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. The applicant shall submit daily water usage calculations and the required water
commitment payment to the Department of Water Supply in accordance with its
"Water Commitment Guidelines Policy" within ninety (90) days from the
effective date of this change of zone ordinance.
C. Construction of the proposed development and related improvements within the
subject property shall be completed within five (5) years from the effective date
of this ordinance. This time period shall include securing Final Plan Approval
from the Planning Director for the industrial-commercial development within
the subject property. Plans shall identify structures, fire protection measures,
landscaping and maintenance plan, paved and striped parking stalls and
driveway and other improvements associated with the proposed uses.
D. Driveway access(es) to the subject property from Kalanikoa and Kuawa Streets
shall meet with the approval of the Department of Public Works.
E. The applicant shall construct the following roadway improvements to
commercial and/or industrial standards along the subject property's Kalanikoa
Street frontage and Kuawa Street frontage, meeting with the approval of the
Department of Public Works:
1. A half-section roadway improvements on the eastern side of Kalanikoa
Street and south side of Kuawa Street consisting of a 21-foot wide A.C.
pavement with concrete curb, gutter and sidewalk, and drainage
improvements within the 60-foot wide right-of-way;
-2-
2. Improvements at the intersection of Kalanikoa and Kuawa Streets
fronting the subject property. Said improvements shall include a
minimum turning radius of 30 feet with curb, gutter and sidewalk
improvements and A.C. pavement; and
3. If required by the Department of Public Works, installation of street
lights, signs and traffic markings fronting the subject property.
Roadway improvements to Kalanikoa Street fronting the existing structure
situated on TMK: 2-2-32:104 shall be completed within three (3)years from the
effective date of this change of zone ordinance and dedicated to the County of
Hawaii upon its completion. All of the required roadway improvements to
Kalanikoa Street and Kuawa Street, including intersection improvements, shall be
completed prior to issuance of a Certificate of Occupancy Permit for any new
building on the subject property and dedicated to the County of Hawaii upon its
completion, provided that such roadway improvements may be constructed with
each related phase of development meeting with the approval of the Department
of Public Works.
F. A Traffic Impact Analysis Report for the subject property with all recommended
improvements and a master plan for phased roadway improvements constructed
with each related phase of the development, shall be prepared by a licensed
professional traffic engineer and submitted for review and approval to the
Department of Public Works prior to issuance of Final Plan Approval for any new
structure on properties other than TMK: 2-2-32:104. The applicant shall be
responsible for any traffic mitigation measure required by the Traffic Impact
Analysis Report for each phased development of the subject property.
-3-
G. In the lease or rental of any portion of the existing building, the applicant shall
disclose to all present and future tenants that there are existing industrial uses
proximate to the subject building that may produce possible odor, noises or other
nuisances that could impact the tenant's use and enjoyment of the subject
property.
H. A Solid Waste Management Plan shall be submitted for review and approval to
the Department of Public Works in conjunction with the submittal of plans for
Plan Approval.
I. Sewer line connections shall be installed meeting with the requirements of the
Department of Public Works.
J. Upon compliance with applicable conditions of approval,prior to the
establishment of any new use or the opening of the proposed development, the
applicant shall submit a final status report, in writing, to the Planning Director.
K. Comply with all other applicable rules, regulations and requirements of the
affected agencies for the development of the subject property.
L. 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 Fee
Ordinance.
M. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
-4-
I. 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).
N. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the subject property to its original or
more appropriate designation.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
-5-
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
/ 7
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: July 23, 1997
Date of IA Reading: July 23, 1997
Date of 2nd Reading: August 6, 1997
Effective Date: August 13, 1997
APPROVED AS TO FORM AND LEGALITY
;z� -a Z4-$_�_ -
pPUI� CORPORATION COUNSEL
DATED: !�!!d?7
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I
PIILANI STREET
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING
CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
LIMITED INDUSTRIAL (ML-20) TO INDUSTRIAL—COMMERCIAL MIXED (MCX-20) AT WAIAKEA,
SOUTH HILO, HAWAII.
PREPARED BY : PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK : 2-2-32:23, 1 01, 102, 103, & 104 MAY 13, 1997
EXHIBIT A" (Kcom CORPORATION)
OFFICE OF THE COUNTY CLERK
Countv of Hawaii
Hilo , Hawaii
DRAFT 2
v : aoLUALL HTE
Introduced By: Bobby Jean Leithead-Todd AYES NOES ABS EX
Date Introduced:
Jul 23, 1997 Arakaki X
,. Y
First Reading: July 23, 1997 Chun X
Published: N/A Leithead-Todd X
Ray X
REMARKS: Reynolds X
Santangelo X
Smith x
Tyler X
Yagong
8 0 1 0
Second Reading: August 6, 1997 ROLL CALL VOTE
To Mayor: _ August 6. 1997
AYES NOES ABS EX
Returned: August 13, 1997 Arakaki X
Effective: August 13, 1997 Chung X
Published: August 22, 1997 Leithead-Todd X
Ray X
REMARKS: Reynolds X
Santangelo X
Smith X
Tyler x
Yagong x
8 0 1 0
1 DO HEREBY CERTIFY that theore oing BILL was adopted by the County Council and published as
indicated above. APPROVE - � T6
C, AND LE LITY:
DEPUTY CORPORATION COUNSEL
COUNTY Of HAWAII
date �
Approv this f2 ayOU IL CHAIRMAN
of 19 g
/] COUNTY CLERK
u •. 102 {Draft 2)
6WR7COUJOFHAWAII Bill No.:
Reference: C-356/PC-67
Ord. No.: 97 1106