HomeMy WebLinkAboutPD Recommendation Report - Mailani Development PL-REZ-2025-000089
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RUMEMMOTOREZ.ajr.05.14.19
COUNTY OF HAWAI‘I PLANNING DEPARTMENT
RECOMMENDATION
MAILANI DEVELOPMENT LLC
CHANGE OF ZONE APPLICATION PL-REZ-2025-000089
Upon careful review of the request against the guidelines for granting a Change of Zone,
the Planning Director is recommending that a favorable recommendation for a Change of
Zone from an Agricultural- 3 acres (A-3a) to a Single-Family Residential-10,000 square
feet (RS-10) zoning district for 4.4669 acres of land 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. This favorable recommendation is based on the
following findings:
The applicant is requesting a Change of Zone from an Agricultural-3 acre (A-3a)
zoning district to a Single-Family Residential-10,000 square feet (RS-10) zoning district
for 4.4669 acres of land in order to subdivide the property into 14 lots, ranging in size
from a minimum of 10,000 square feet to just over 21,400 square feet, as well as one road
lot for the Kikaha Street extension that will be built to County decidable standards.
The applicant intends to commence the subdivision and development process
immediately upon securing County rezoning approval. Subdivision approval is
anticipated within 7 years from the effective date of the zoning change. The cost of the
improvements is estimated to be $1.5 million.
The Change of Zone request from Agricultural-3acre (A-3a) to Single Family
Residential – 10,000 square feet (RS-10) conforms to, among others, the goals,
policies and standards of the General Plan Economic and Land Use Elements.
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
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decisions must be also considered as they may have an impact on similar areas in the
County.
The proposed Change of Zone will conform to, among others, the goals, policies
and standards of the Land Use and Land Use-Single-Family General Plan Elements:
Land Use ▪ Designate and allocate land uses in appropriate proportions and mix and in keeping
with the social, cultural and physical environments of the County.
▪ Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
▪ Promote and encourage the rehabilitation and use of urban areas that are serviced
by basic community facilities and utilities.
▪ Vacant lands in urban areas and urban expansion areas should be made available for
residential uses before additional agricultural lands are converted into residential
uses.
▪ Encourage urban development within existing zoned areas already served by basic
infrastructure, or close to such areas, instead of scattered development.
▪ Zoning requests shall be reviewed with respect to General Plan designation, district
goals, regional plans, State Land Use District, compatibility with adjacent zoned
uses, availability of public services and utilities, access, and public need.
Land Use: Single-Family Residential
▪ To maximize choices of single-family residential lots and/or housing for residents of
the County.
▪ To ensure compatible uses within and adjacent to single-family residential zoned
areas.
The requested change of zone conforms to the General Plan Land Use
Pattern Allocation Guide (LUPAG) Map. 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 relationship among the various land uses. The
LUPAG Map establishes the basic urban and non-urban form for areas within the County.
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The subject area is designated Low Density Urban (ldu). Low Density Urban are those
residential lands with ancillary community and public uses as well as neighborhood and
convenience-type commercial uses. For the ldu designation, overall residential density
may be up to six (6) units per acre.
The 4.4669-acre subject property, irregular in shape and gently sloping (3%) to
the northeast, is located just east of Haihai Estates, Unit 1, within the Waiākea
Homestead lots. It contains a permitted single-family dwelling built in 1996 on its
southwest portion, with the remaining area cleared and vacant.
Surrounding zoning includes Single-Family Residential (RS) and Agricultural (A)
districts, with adjacent subdivisions, Kikaha Heights and Haihai Estates, comprising
10,000-square-foot residential lots. Lands to the east were similarly rezoned with Ord.
No. 19-92 in 2019 to RS-10 and have been subdivided into 27 house lots and a road lot
and lands to the south were recently rezoned with Ord. No. 25-7) to RS-15 to
accommodate a six-lot, residential subdivision.
The applicant proposes subdividing the subject property into 14 house lots and a
road lot, consistent with the Low Density Urban land use designation, which aligns with
the existing residential character of the surrounding area.
The proposed request will result in a more appropriate land use pattern that
will further the public necessity and convenience and the general welfare. When
considering any request to change the zoning district of a property, the Director shall
consider the purpose of the existing and proposed zoning district and the purpose of the
Zoning Code and shall recommend a change in zoning only where it would result in a
more appropriate land use pattern that will further the public necessity and convenience
and the general welfare.
The predominant land use in this area is single-family residential except for a few
Agricultural zoned parcels in the vicinity of the proposed project site. Most of the single-
family residential parcels range between 10,000 to 15,000 square feet in size and are
zoned either RS-10 or RS-15. If approved, the proposed zoning of this site would be lots
averaging 10,000 square feet in size which would be consistent with the surrounding
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parcels zoning.
For the purpose of promoting health, safety, or the general welfare of the County,
the Zoning Code regulates and restricts the height, size of buildings, and other structures,
the percentage of a building site that may be occupied, off-street parking, setbacks, size
of yards, courts, and other open spaces, the density of population, and the location and
use of buildings, structures, and land for trade, industry, residence, or other purposes. In
considering the purposes of the Zoning Code in relation to the proposed request, the
approval of the request will result in a higher density.
Recent changes to State Law and County Zoning Code have created potential for
a significant increase in residential density on building sites in most urban zoning
districts as lot owners are now entitled to develop a primary dwelling and a maximum of
three Accessory Dwelling Units (ADUs), for a maximum of 4 dwelling units per lot. This
amounts to a 300% increase in potential residential density for each lot. With this
allowance of increased residential density by right, the Planning Director finds it
necessary to consider the potential negative impacts to regional infrastructure, including
the provision of roads, wastewater capacity, police and fire services, and public parks to
the residents of the new dwelling units.
In the past, most change of zone ordinances that upzoned a parcel, thus allowing
for higher residential density, included a condition that prohibited the development of a
second dwelling unit, which at the time was primarily done by the applicant securing an
ʻOhana dwelling permit (which was removed from the Zoning Code with the allowance
of ADUs). This prohibition allowed control over the potential to increase residential
density in neighborhoods, thus limiting the development’s impact on regional
infrastructure. Based on this, Fair Share conditions which require a financial contribution
to the County to mitigate those impacts were included in such residential rezonings to
apply to number of new lots created by subdivision, as each lot was limited to one
dwelling.
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Now that the Zoning Code has changed to allow ADUs, the Planning Director
does not think it appropriate to add condition prohibiting additional dwelling units, as it
may be considered contract or conditional zoning removing landowner rights to develop
their property as allowed by the Zoning Code. However, he finds it necessary to revisit
the Fair Share condition to include a payment requirement for not only the additional
number of lots created, but also the additional number of ADUs that subsequent lot
owners may develop in the future.
Based on the preceding, the Fair Share condition has been updated to include a
fair share requirement for new lots created that will be payable before final Subdivision
Approval and any ADUs developed (beyond the initial, primary dwelling) prior to
issuance of a building permit.
In considering the request in relation to the surrounding zoning, the request will
result in an appropriate land use pattern. The subject property is surrounded on four sides
by parcels that are zoned for single-family residential use, which will be like the
proposed subdivision and will allow for the same density as the surrounding parcels.
Based on the above information, the proposed request will result in a more
appropriate land use pattern that will further the public necessity and convenience, and
the general welfare of the County.
The proposed request will not burden public agencies to provide utilities and
services to the subject property. Primary access will be provided via an extension of
Kikaha Street, a County-owned and maintained 50-foot-wide minor roadway that
connects to Kawailani Street, a major collector road.
The applicant proposes to extend Kikaha Street through the subdivision as a
County-dedicable minor roadway with a 50-foot-wide right-of-way, 30-foot-wide
pavement, curbs, gutters, sidewalks, and drainage improvements meeting ADA and
County standards. This roadway will traverse the project site and terminate at the
proposed Ahe Street extension, a 50-foot-wide roadway reserve within the property to the
south.
There is an existing dwelling on the subject property that currently takes access
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via a paved driveway located within an access easement within the future Ahe Street road
reserve. This driveway access will be removed once the Kikaha Street extension is
completed within the subject property.
Ordinance 25-7, which rezoned the property to the south, required the developer
of that property to delineate 50-foot-wide Ahe Street and Kikaha Street road reserves on
subdivision plans and to dedicate those rights-of-way to the County upon request.
However, the ordinance permitted the developer to provide access using a privately
owned roadway built to a 16-foot-wide pavement standard with two-foot-wide gravel
shoulders, to remain in private ownership until dedication to the County. Therefore, there
will be no roadway connection between the Kikaha Street extension within the project
area and the Ahe Street extension until the County accepts dedication of the Ahe Street
right-of-way and constructs the roadway.
Conditions of approval will require the applicant to construct roadway and
drainage improvements, as well as installing streetlights and traffic control devices as
required by the Department of Public Works.
According to the Department of Water Supply (DWS), the property is currently
served by a single 5/8-inch water meter limited to 400 gallons per day, adequate for one
single-family dwelling. Water for the proposed project can be supplied from existing 8-
inch and 6-inch waterlines located along Ahe Street and Kikaha Street, respectively. The
applicant must submit a water commitment deposit for 13 additional units and construct
required system improvements, including 6-inch minimum water mains, relocated service
laterals, individual 5/8-inch meters, and properly spaced fire hydrants. All water system
improvements must be dedicated to the County, and applicable facilities charges paid
before receiving additional water service. Conditions of approval will be added to address
this.
As there is no municipal wastewater system in this area, a condition of approval
will require wastewater to be disposed of by an individual wastewater system, meeting
the requirements of the Department of Health. This will be done by the respective
landowner in conjunction with the construction of a dwelling.
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The subject property is located within an area designated as Flood Zone “X”, or
an “Area of Minimal Flood Hazard.” As conditions of this recommended ordinance, all
development generated runoff shall be disposed of onsite and not be directed toward any
adjacent properties. Moreover, all earthwork and grading shall comply with Hawaiʻi
County Code Chapter 10, Erosion and Sediment Control and all development shall
comply with Hawaiʻi County Code Chapter 27, Floodplain Management. Finally, the
applicant will be required to comply with the State Department of Health water pollution
control rules which may require the applicant to secure an NPDES permit.
All other essential utilities and services are or can be made available to the site.
The subject request is not contrary to Chapter 205A, Hawaiʻi Revised
Statues, relating to Coastal Zone Management. The property is not located in the
Special Management Area. The site is located approximately 3.5-miles from the nearest
shoreline and therefore will not be impacted by coastal hazard and beach erosion. There
is no record of designated public access that traverses the property. No valued cultural,
historical or natural resources exist on the property and there is no evidence of any
traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is
not anticipated that the proposed request will have any adverse impact on cultural or
historical resources in the area.
In view of the Hawaiʻi State Supreme Court’s “PASH” and “Ka Paʻakai O
KaʻAina” 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: No formal archaeological reconnaissance
survey, oral history of kamaʻaina accounts of the area, historical survey of
documentary records, or botanical study was included in the application.
▪ The valued cultural, historical, and natural resources found in the rezoning area:
As the property was previously grubbed and cleared and has been partially used
as a house site, it is anticipated that no historic properties will be affected. The
area now supports mostly non-native and invasive plant species. Located in an
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urban setting surrounded by single-family homes, the site is not expected to
contain rare or endangered plant or animal species, nor suitable habitat for them.
However, due to its elevation, the Hawaiian Hawk (ʻIo) and Hawaiian Owl (Pueo)
may occasionally be observed in the vicinity.
▪ Possible adverse effect or impairment of valued resources: Based on the
preceding, it is unlikely that there will be any adverse effect or impairment of
valued resources.
▪ Feasible actions to protect native Hawaiian rights: There are no known native
Hawaiian practices and/or valued resources found on the property. Thus, 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 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 property. 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), compliance with DLNR-SHPD requirements, among many
others. Compliance with all applicable governmental requirements is a condition of this
approval; failure to comply with such requirements will be considered a violation that
may result in enforcement action by the Planning Department and/or the affected
agencies.
Based on the preceding findings, approval of the Change of Zone request from
Agricultural-3 acre (A-3a) to Single-Family Residential – 10,000 sq. ft. (RS-10)
would result in an appropriate land use pattern that will further the public necessity and
convenience and the general welfare.
The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map) Article
8, Chapter 25 (Zoning) of the Hawaiʻi County Code is provided for your favorable consideration.
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Please note the proposed conditions of approval attached to the draft bill.
COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
BILL NO.
(Planning Department)
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983
(2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL – 3 ACRES (A-3a) TO SINGLE-FAMILY RESIDENTIAL –
10,000 SQUARE FEET (RS-10) AT WAIĀKEA, SOUTH HILO, HAWAIʻI, COVERED
BY TAX MAP KEY NO. 2-4-080:014.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawai‘i
County Code 1983 (2016 Edition, as amended) is amended to change the district classification of
property described hereinafter as follows:
The district classification of the following area situated at Waiākea, South Hilo,
Hawai‘i, shall be Single-Family Residential – 10,000 Square Feet (RS-10):
Beginning at the south corner of this parcel of land, being the northwest corner of
Lot 2-B and being also the southeast corner of Lot 11 of Haihai Estates, Unit 1, File Plan
1758, the coordinates of said point of beginning referred to Government Survey
Triangulation Station “HALAI”, being 15,086.97 feet South and 99.77 feet West, thence
running by azimuths measured clockwise from True South:
1. 175° 40ʹ 00ʺ 624.24 feet along Haihai Estates, Unit 1,
File Plan 1758 and Unit 2, File Plan
1796; thence;
2. 265° 40ʹ 00ʺ 120.71 feet along Lot 8 of Kikaha Heights,
being also a portion of Grant 11,636
to Yoshitaka and Shizuko Kudo,
thence;
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3. 355° 40ʹ 00ʺ 92.07 feet along Lot 9 of Kikaha Heights,
being also a portion of Grant 11,636
to Yoshitaka and Shizuko Kudo,
thence;
4. 265° 40ʹ 00ʺ 120.00 feet along Lot 9 of Kikaha Heights,
being also a portion of Grant 11,636
to Yoshitaka and Shizuko Kudo,
thence;
5. Along Lot 9 of Kikaha Heights, being also a portion of Grant 11,636 to
Yoshitaka and Shizuko Kudo, along
a curve to the left with a radius of
10.00 feet, the chord azimuth and
distance being 220°40ʹ and 14.14
feet, respectively, thence;
6. 175° 40ʹ 00ʺ 54.37 feet along Lot 9 of Kikaha Heights,
being also a portion of Grant 11,636
to Yoshitaka and Shizuko Kudo,
thence;
7. 265° 40ʹ 00ʺ 176.85 feet across Kikaha Street and along
Lot 3-B of Kikaha Heights, being
also a portion of Grant 11,636 to
Yoshitaka and Shizuko Kudo,
thence;
8. 355° 40ʹ 00ʺ 157.68 feet along Lots 3-16, 3-17 and 3-18,
being also portions of Grant 11,636
to Yoshitaka and Shizuko Kudo,
thence;
9. 85° 40ʹ 00ʺ 126.85 feet along Lot 3-19, being also a
portion of Grant 11,636 to Yoshitaka
and Shizuko Kudo, thence;
10. 355° 40ʹ 00ʺ 408.86 feet along Lots 3-19, 3-21, 3-22, 3-
25 and 3-26, being also portions of
Grant 11,636 to Yoshitaka and
Shizuko Kudo, thence;
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11. Along Lot 3-26, being also a portion of Grant 11,636 to Yoshitaka and Shizuko
Kudo, along a curve to the left with a
radius of 30.00 feet, the chord
azimuth and distance being 310°40ʹ
and 42.43 feet, respectively, thence;
12. 85° 40ʹ 00ʺ 330.71 feet along Lot 2-B, being also a
portion of Grant 11,636 to Yoshitaka
and Shizuko Kudo to the point of
beginning; and containing an area of
4.4669 acres, more or less.
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, Article 8, Chapter 25 (Zoning Code),
of the Hawai‘i County Code 1983 (2016 Edition, as amended), the County Council finds the
following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
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SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
_______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
BMailaniDevelopmentLLCREZ.crk.9.29.25
MAILANI DEVELOPMENT LLC
CHANGE OF ZONE APPLICATION PL-REZ-2025-000089
CONDITIONS OF APPROVAL
A. The applicant, successors or assigns (“Applicant”) shall be responsible for complying
with all the stated conditions of approval and all applicable County, State, and Federal
Laws, codes, rules, regulations, and requirements.
B. Final Subdivision Approval shall be secured within seven (7) years from the effective
date of this ordinance. The time during which required plans, reports, studies, or relevant
permit applications are under review for approvals by government agencies shall not
count towards the deadline established in the ordinance. To justify this tolling, the
Applicant shall provide evidence of the excluded time period to the planning department
for its review and approval, which shall consist of dates obtained from a government
agency website, permitting program, or office indicating when the required plans, reports,
studies, or permit applications were submitted, approved, denied, or returned by the
government agency.
C. A water commitment deposit shall be paid to the Department of Water Supply (DWS)
within 180 days from the effective date of this ordinance in accordance with Rule 5 of
DWS’s Rules and Regulations. 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.
D. Prior to issuance of Final Subdivision Approval, the Applicant shall construct, or cause to
be constructed, necessary water improvements meeting with the approval of the
Department of Water Supply.
E. The proposed Kikaha Street Extension shall match the alignment and design of the
existing Kikaha Street within a 50-foot-wide right-of-way. The extension shall be
constructed from the existing roadway to the southern property boundary, and shall be
constructed to County-dedicable standards, including, but not limited to 30-foot-wide
pavement, curbs, gutters, and sidewalks, drainage improvements, and any required utility
relocation, meeting the requirements of the Americans with Disabilities Act. The
roadway and improvements shall be dedicated to the County at no cost upon Final
Subdivision Approval.
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F. Construction within the County right-of-way shall conform to Chapter 22, County
Streets, of the Hawai‘i County Code.
G. All development-generated runoff shall be disposed of on site and shall not be directed
toward any adjacent properties. A drainage study shall be prepared by a licensed civil
engineer and submitted to the Department of Public Works, Engineering Division. Any
recommended drainage improvements, if required, shall be constructed meeting with the
approval of the Department of Public Works prior to issuance of Final Subdivision
Approval.
H. The Applicant shall comply with the State Department of Health’s Hawaiʻi
Administrative Rules (HAR) Chapter 11-55, rules regarding Water Pollution Control,
which requires an NPDES permit for certain construction activities.
I. All earthwork and grading activity shall conform to the Hawai‘i County Code Chapter
10, Erosion and Sedimentation Control, and Chapter 27, Flood Control.
J. In the event that surface or subsurface historic resources, including human skeletal
remains, structural remains (e.g. rock walls, terraces, platforms, etc.), cultural deposits,
marine shell concentrations, sand deposits, or sink holes are identified during the
demolition and/or construction work, the Applicant shall cease work in the immediate
vicinity of the find, protect the find from additional disturbance and contact the
Department of Land and Natural Resources-State Historic Preservation Division (DLNR-
SHPD) at (808) 933-7651. Subsequent work shall proceed upon archaeological clearance
from DLNR-SHPD when it finds that sufficient mitigation measures have been taken.
K. Individual wastewater system(s), meeting with the approval of the Department of Health,
shall be provided by each respective landowner in conjunction with the construction of a
dwelling.
L. The Applicant shall make its fair share contribution to mitigate the potential regional
impacts of the development with respect to parks and recreation, fire, police, solid waste
disposal facilities and roads. The fair share contribution shall become due and payable
prior to receipt of Final Subdivision Approval for any additional lots created and prior to
issuance of a Building Permit for any accessory dwelling units (ADU). The fair share
contribution for each newly created lot and/or ADU shall be based on the actual number
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of residential lots/ADUs developed. 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 $17,921.82 per
lot/ADU. The total amount shall be determined according to the calculation and payment
provisions set forth in this condition. The fair share contribution per single family
residential lot/ADU shall be allocated as follows:
1. $8,642.22 per single family residential lot/ADU to the County to support park and
recreational improvements and facilities;
2. $416.90 per single family residential lot/ADU to the County to support police
facilities;
3. $823.43 per single family residential lot/ADU to the County to support fire
facilities;
4. $360.51 per single family residential lot/ADU to the County to support solid
waste facilities; and
5. $7,678.76 per single family residential lot/ADU to the County to support road and
traffic improvements.
In lieu of paying the fair share contribution, the applicant may contribute land and/or
construct improvements/facilities related to parks and recreation, fire, police, solid waste
disposal facilities and roads within the region impacted by the proposed development,
subject to the review and recommendation of the Planning Director, upon consultation
with the appropriate agencies and approval of the County Council pursuant to Section 2-
162.1(a) of Hawai‘i County Code.
M. 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 affordable housing agreement which shall be provided to the
Planning Department by the Applicant prior to Final Subdivision Approval. Fair share
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requirements under Condition L 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 L
that were waived will become due and payable.
N. 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.
O. An initial extension of time for the performance of conditions within this ordinance may
be requested in accordance with Section 25-2-44, subsections (c) and (d), of the Hawaiʻi
County Code.
P. 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.
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAI'I COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
BY CHANGING THE ZONE MAP CLASSIFICATION FROM
AGRICULTURAL - 3 ACRES (A-3a) TO
SINGLE-FAMILY RESIDENTIAL - 10,000 SQ. FT. (RS-10)
AT WAIAKEA, SOUTH HILO, HAWAI'I
TMK: (3) 2-4-080:014 DATE: September 19, 2025
Mailani Development, LLC
MAP PREPARED BY:
COUNTY OF HAWAIʻI, PLANNING DEPARTMENT
EXHIBIT "A"
15,875.13' S
14,965.65' W
"HALAI (S)"
¹A-1a
A
W
A
S
T
AGRICULTURAL - 10 ACRES (A-10a)
TO
AGRICULTURAL - 5 ACRES (A-5a)
REZONE AREA:
12.043 ACRES
R
A
I
L
R
O
A
D
A
V
E
MAKALIKA
S
T
MAHIAI S
T
LAMA ST
A-10a
A-3a
A-3a
A-3a
A-3a
RA-1a RA-1a
A-3a
A-5a
A-1a
¹
0 0.20.1 Mile
15,086.97' S
99.77' W
"HALAI"
AGRICULTURAL - 3
ACRES (A-3a) TO
SINGLE-FAMILY
RESIDENTIAL - 10,000
SQ. FT. (RS-10)
REZONE AREA:
4.4669 ACRES
RS-10
A-3a
RS-10
A-1a
RS-10
RS-10 RS-10
RS-15
RS
-
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A-3a
A-1a
A-1a
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