HomeMy WebLinkAboutPD Recommendation Xie et al. (PL-PDI-2026-000015) -1-
RXieRepealREZ.ja02.01.26
COUNTY OF HAWAI‘I PLANNING DEPARTMENT
RECOMMENDATION
PLANNING DIRECTOR INITIATED ANDY/KERRY XIE TRUST, WEI LIN ZHAO, EULIX CHIU, FANG/HAN TRUST, FRED
MING LI REPEAL CHANGE OF ZONE ORDINANCE NOS. 19-38, 09-50, 09-49, 06-138, 06-137, 95-118, 92-36, 90-10, 86-49, 533 (1980), AND 594 (1973) (PL-PDI-2026-000015)____________
The Planning Director recommends that the Planning Commission forward a
favorable recommendation to the Hawaiʻi County Council on the request to repeal
Change of Zone Ordinance Nos. 19-38, 09-50, 09-49, 06-138, 06-137, 95-118, 92-36, 90-
10, 86-49, 533 (1980), and 594 (1973), which will revert the current zoning of 3.331 acres
from Village Commercial-7,500 square feet (CV-7.5) to its original Double Family
Residential-3,750 square feet (RD-3.75) and 3.227 acres from Multiple Family
Residential-2,500 square feet (RM-2.5) to its original Unplanned (Agricultural-5 acres)
zoning district.
Since the most recent amendment to the original rezone ordinances, approved in
2019, there have not been any significant land use regulatory changes in this area. The
Kona CDP identifies the property as located within the Kona Urban Area and within the
Kailua Village Redevelopment Regional Center. The proposed reversion of the makai
portion of the subject property to RD-3.75 zoning would be consistent with the General
Plan’s LUPAG map Medium Density Urban Designation, which includes uses such as
village and neighborhood commercial and single family and multiple family residential and
related functions (multiple family residential - up to 35 units per acre).
Although the proposed reversion of the mauka portion of the subject property to A-
5a would not be entirely consistent with the MDU LUPAG designation, given that other A-
5a zoned properties located immediately adjacent to the subject property have not
converted to urban uses, the Planning Director believes that the reversion will be
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consistent with existing surrounding zoning designations and land use patterns. For the
reasons mentioned above, the Planning Director is supportive of the requested reversion.
The subject parcel is not situated within the Special Management Area and
there are no known protected or endangered floral or faunal resources found on the
subject parcel. Historic resources on the subject property that are designated for
preservation include a section of the Kuakini Wall and a burial site, both identified during
an archeological inventory survey in 1990. A preservation plan, approved by the State
Historic Preservation Division (SHPD) in 1992, stipulates a 10-foot no excavation buffer
and a 20-foot no construction buffer for the burial site. Additionally, the preservation plan
states that the Kuakini Wall must be preserved and stabilized, with the exception of a
single breach for a roadway. Given that SHPD has no objections to the proposed rezone
repeal and that future grading permits and preservation methods will be subject to review
and approval by SHPD, the Planning Director believes the reversion will not adversely
affect historic resources on the subject property.
Surrounding properties are zoned Residential and Agricultural, with commercial
uses including an assisted living facility, a credit union, doctor’s offices, tour operations
and a neighboring residential subdivision. Given the preceding, the proposed repeal of
Change of Zone Ordinance Nos. 19-38, 09-50, 09-49, 06-138, 06-137, 95-118, 92-36, 90-
10, 86-49, 533 (1980), and 594 (1973) will be consistent with most existing surrounding
land uses and zoning.
Access to the property is from Hualālai Road. Several conditions in the rezone
ordinances required the applicant to complete road improvements, including dedication
of a future road widening strip, widening and realignment of Hualālai Road, construction
of concrete curb, gutter and sidewalk, drainage improvements, streetlights, signs and any
relocation of utilities. Additionally, access to the property was limited to one approach with
a left turn storage lane on Hualālai Road, with the exception of a gated emergency access
at the mauka end of the property. Any future access from Hualālai Road will need to
comply with requirements of the Department of Public Works (DPW) who provided
comments noting that road improvement conditions of Ordinance 19-38 provided public
welfare and safety and recommending their inclusion on comparable future developments
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on the subject property. The landowners have stated that they are willing to subdivide
and donate to the County the land necessary to widen Hualālai Road after issuance of
Plan Approval and building permits for a project as permitted by the RD-3.75 zoning
district. It should be noted that, outside of a rezone ordinance, county code does not give
DPW the authority to compel landowners to complete road improvements, therefore, with
approval of the requested rezone reversion, any road improvements to the subject
property’s Hualālai Road frontage will be the county’s responsibility. The Planning
Director notes that given approval of the proposed repeal, the landowners should work
directly with DPW to dedicate the future road widening strip on Hualālai Road.
Regarding water supply, in 2008 the Department of Water Supply (DWS) stated
that the subject property had a water commitment of 50 units of water, which included 28
units committed through previously existing service laterals, and for which facilities
charges had been paid, and another 22 units committed through payment of a water
commitment deposit. In response to the current request, DWS notes that the water
commitment of 22 units will be forfeited with the repeal of the rezone ordinances, along
with the water commitment deposit, and the landowner notes they will continue
discussions with DWS on this issue. Regarding wastewater disposal, the Department of
Environmental Management, Wastewater Division, previously recommended that the
applicant conduct a sewer study and make any necessary improvements in order to
connect the proposed project to the County sewer system. Given the preceding and
noting that the landowner will need to meet the requirements of DWS and DEM to provide
water and sewage disposal services for any future development, the Director supports
the proposed repeal of Change of Zone Ordinance Nos. 19-38, 09-50, 09-49, 06-138, 06-
137, 95-118, 92-36, 90-10, 86-49, 533 (1980), and 594 (1973).
Lastly, although the recommendation to repeal Change of Zone Ordinance Nos.
19-38, 09-50, 09-49, 06-138, 06-137, 95-118, 92-36, 90-10, 86-49, 533 (1980), and 594
(1973) will extinguish any conditions related to the CV-7.5 and RM-2.5 zoning
designations, it is made with the understanding that the landowners remain responsible
for developing the parcel in compliance with all other applicable governmental
requirements in connection with the RD-3.75 and A-5a zoning districts prior to its
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commencement or establishment upon the subject property. Additional governmental
requirements may include the issuance of building permits, compliance with County
Streets, Water, Sewer and Fire Code, installation of improvements required by the
American with Disabilities Act (ADA), among 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, a favorable recommendation of the Planning Director’s
initiated action to repeal Change of Zone Ordinance Nos. 19-38, 09-50, 09-49, 06-138,
06-137, 95-118, 92-36, 90-10, 86-49, 533 (1980), and 594 (1973), which will revert the
current zoning of 3.331 acres from Village Commercial-7,500 square feet (CV-7.5) to its
original Double Family Residential-3,750 square feet (RD-3.75) and 3.227 acres from
Multiple Family Residential-2,500 square feet (RM-2.5) to its original Unplanned
(Agricultural-5 acres) zoning district, would result in an appropriate land use pattern and
would be in the best interest of the general public.
The accompanying draft bill to amend Section 25-8-3 (North Kona Zone Map) and
Section 25-8-5 (Kailua Urban Zone Map), Article 8, Chapter 25 (Zoning Code) of the
Hawai‘i County Code, is provided for your favorable consideration. Please note as this
draft ordinance repeals several ordinances and reverts the subject property back to its
original RD-3.75 and A-5a zoning district, there are no proposed conditions attached to
this draft bill.
COUNTY OF HAWAI‘I STATE OF HAWAI‘I
BILL NO.
ORDINANCE NO.
AN ORDINANCE REPEALING ORDINANCE NOS. 19-38, 09-50, 09-49, 06-138, 06-137, 95-118, 92-36, 90-10, 86-49, 533 (1980), AND 594 (1973) AND AMENDING CHAPTER 25,ARTICLE 8, SECTION 25-8-3 (NORTH KONA ZONING MAP) AND SECTION 25-8-5(KAILUA URBAN ZONING MAP), OF THE HAWAIʻI COUNTY CODE (2016EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION
FROM VILLAGE COMMERCIAL – 7,500 SQUARE FEET (CV-7.5) AND MULTIPLE-FAMILY RESIDENTIAL – 2,500 SQUARE FEET (RM-2.5) TO DOUBLE-FAMILYRESIDENTIAL – 3,750 SQUARE FEET (RD-3.75) AND AGRICULTURAL – FIVEACRES (A-5A) AT HIENALOLI 4TH, 5TH, AND 6TH, NORTH KONA, HAWAI‘I,COVERED BY TAX MAP KEY NO. 7-5-010:013.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Ordinance Nos. 19-38, 09-50, 09-49, 06-138, 06-137, 95-118, 92-36,
90-10, 86-49, 533 (1980), and 594 (1973) are hereby repealed.
SECTION 2. Chapter 25, Article 8, Section 25-8-3, of the Hawai‘i County Code 1983
(2016 Edition, as amended) is amended by changing the district classification of the land situated
at Hienaloli 4th, North Kona, Hawai‘i, as more particularly depicted on Exhibit A and described
in Exhibit B, both of which are attached hereto and made a part hereof, from Multiple-Family
Residential – 2,500 square feet (RM-2.5) to Agricultural – 5 acres (A-5a).
SECTION 3. Chapter 25, Article 8, Section 25-8-5, of the Hawai‘i County Code 1983
(2016 Edition, as amended) is amended by changing the district classification of the land situated
at Hienaloli 5th and 6th, North Kona, Hawai‘i, as more particularly depicted on Exhibit C and
described in Exhibit D, both of which are attached hereto and made a part hereof, from Village
Commercial – 7,500 square feet (CV-7.5) to Double-Family Residential – 3,750 square feet (RD-
3.75).
(Planning Department)
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SECTION 4. In accordance with Chapter 25, Article 2, Section 25-2-44, of the Hawai‘i
County Code 1983 (2016 Edition, as amended), the County Council finds that 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.
SECTION 5. 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 6. 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:
MULTIPLE FAMILY RESIDENTIAL -
2,500 SQ. FT. (RM-2.5) TO AGRICULTURAL -5 ACRES (A-Sa)
REZONE AREA: 3.227 ACRES
-----=======:::::::i---------Feet 0 500 1,000
CN-20
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING)
OF THE HAWAl'I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE ZONE MAP
CLASSIFICATION FROM MULTIPLE FAMILY RESIDENTIAL -2,500 SQ. FT. (RM-2.5)
TO AGRICULTURAL - 5 ACRES (A-Sa)
AT NORTH KONA, HAWAl'I
MAP PREPARED BY: COUNTY OF HAWAl'I, PLANNING DEPARTMENT DATE: February 26, 2026
EXHIBIT "A"
E X H I B I T A
EXHIBIT B
E X H I B I T C
EXHIBIT D