HomeMy WebLinkAboutPD Recommendation (PL-REZ-2026-000101)-1-
RSaitoREZ.crk.6.8.26
COUNTY OF HAWAIʻI PLANNING DEPARTMENT RECOMMENDATION
ZAK AI IKAWA SAITO CHANGE OF ZONE APPLICATION NO. PL-REZ-2026-000101
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 Planning Director
reserves the right to modify and/or alter this position based upon additional information
presented at the public hearing. This favorable recommendation is based on the following
findings:
The applicants are requesting a Change of Zone from a Single-Family
Residential-15,000 square feet (RS-15) zoning district to a Single-Family
Residential-10,000 square feet (RS-10) zoning district for a 21,792-square-foot
parcel of land. The RS zoning district, with a minimum area required for each
building site of 10,000 square feet, would allow a maximum density of 2 building
sites (lots).
The purpose of the rezoning request is to allow for the subdivision of the
21,792-square-foot property into two lots, each with a minimum lot size of 10,000
square feet. Upon subdivision approval, the applicant intends to construct single-
family dwellings on the resulting lots for long-term residential rental purposes and
future estate planning.
Upon approval of the rezoning request, the applicant plans to promptly file
a subdivision application. Tentative plans call for securing subdivision approval
within one year of the rezoning approval. The applicant has indicated that
construction timelines and costs for future dwellings are currently undetermined.
Despite the preceding, the Planning Director recommends a condition of approval
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allowing a 5-year timeframe within which to secure final subdivision approval to
allow for any unforeseen obstacles.
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-15,000
square feet (RS-15) zoning district to a Single-Family Residential-10,000
square feet (RS-10) zoning district conforms to applicable goals, policies,
and standards of the General Plan. The subject property is a 21,792-square-foot
rectangular parcel situated at an elevation of approximately 230 feet above sea
level. The property is generally level in topography and is currently vacant,
consisting primarily of maintained lawn and ornamental vegetation. According to
Real Property Tax records, a single-family dwelling was constructed on the
property in 1946 but was demolished in 2015.
The surrounding properties are predominantly zoned Single-Family
Residential-15,000 square feet (RS-15) with some nearby Single-Family
Residential-10,000 square feet (RS-10) properties. The surrounding area is
primarily developed with single-family residential uses. University-related uses
associated with the University of Hawai‘i at Hilo are located to the north.
The Hawaiʻi County General Plan 2045 (GP 2045) serves as the County’s
long-range policy framework for guiding growth, development, conservation, and
infrastructure planning throughout Hawaiʻi Island. The Plan establishes goals,
objectives, policies, and actions intended to promote sustainable development,
resilient communities, environmental stewardship, housing opportunities,
economic vitality, and the efficient use of public infrastructure and services. The
General Plan is intended to guide public and private decision-making regarding
land use and development in a manner that balances environmental, social,
cultural, and economic considerations while enhancing the quality of life for present
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and future generations. The request conforms to the following goals and policies
of GP2045:
Direct growth and development in a sustainable manner that supports
compact urban development patterns, protects natural and cultural
resources, promotes efficient use of infrastructure, and enhances quality of
life.
Rezonings that promote infill are encouraged; rezonings that would result
in sprawl should be discouraged.
Growth should be encouraged in terms of renewing older areas or
developing new urban areas consistent with the land use map.
Vacant lands in the urban growth boundary should be prioritized for
residential and supportive uses before additional agricultural lands outside
the UGB are converted into urban uses.
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.
The subject property is designated Low-Density Urban (ldu) by the General
Plan 2045 LUPAG Map which includes residential uses, with ancillary community
and public uses, and neighborhood and convenience-type commercial uses;
overall residential density may be up to 12 units per acre. The proposed RS-10
zoning is consistent with this designation.
The Hilo CDP designates the property and surrounding area as single-
family residential; thus the proposed RS-10 zoning is consistent with this
designation.
All essential utilities and services are available to the site. Access to
the subject property is from West Puainako Street, State-owned roadway
maintained by the Hawai‘i Department of Transportation (DOT) with approximately
33-foot-wide pavement within an approximately 40-foot-wide right-of-way. There is
an existing, gravel driveway currently serving the subject property and the
applicant’s proposed subdivision plan shows a single driveway providing shared
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access to both proposed lots. A condition of approval will require any driveway
accesses to meet with the approval of DOT.
After conferring with DOT, Staff determined that no future road widening
setback would be required as the State plans to a realignment of West Puainako
Street in the vicinity northward to connect with the Puainako Street extension
mauka of Komohana Street.
There was no Traffic Impact Analysis Report (TIAR) included with the
application as the proposed project does not meet the 50 peak-hour trip threshold
to require a TIAR.
According to the Department of Water Supply (DWS), there is an existing
service lateral serving the parcel capable of accommodation a 5/8-inch meter,
which is limited to one unit of water (equal to an average usage of 400 gallons per
day) and suitable to serve one single-family dwelling. Additional water can be
made available from an existing 8-inch water line within West Puainako Street
fronting the subject property. The applicant will be required to secure an additional
water commitment to serve the second lot. The preceding will be added as a
condition of approval.
According to the Department of Environmental Management, the proposed
subdivision is approximately 505 feet from the nearest County sewer line, thus a
condition of approval will require each new lot to be served by an individual
wastewater system meeting Department of Health wastewater regulations.
Solid waste will be handled through commercial haulers or disposal by the
landowner into authorized landfill sites or transfer stations.
Police, fire and medical services are available nearby in Hilo. Electrical and
telephone services are available to the site. A condition of approval will require the
applicant to meet all applicable County, State and Federal laws, rules, regulations,
and requirements.
There are no severe geological or topographical problems for the
property that cannot be properly rectified, or which would render the land
unusable. The subject property is situated within Zone “X” on the Flood Insurance
Rate Map (FIRM) by FEMA, an area of minimal flood hazard on the Flood
Insurance Rate Map (FIRM) by the Federal Emergency Management Agency
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(FEMA). Moreover, the property was previously used for residential purposes and
was previously improved with a dwelling.
The request is not contrary to Chapter 205A, Hawaiʻi Revised Statutes,
relating to Coastal Zone Management Area. The subject property is located
approximately 2 miles from the nearest shoreline; it is not situated within the
Special Management Area and will not be impacted by coastal hazards and beach
erosion. There is no designated public access to the mountains or the shoreline
that runs through the property. The proposed use will not adversely impact any
recreational resources, including access to and along the shoreline, scenic and
open space nor visual resources, coastal ecosystems, and marine and coastal
resources. Therefore, the proposed use is not contrary to the objectives of
Chapter 205A, Hawaiʻi Revised Statutes.
The request will not have a significant adverse impact to traditional
and customary Hawaiian Rights. 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: The subject property is a previously
disturbed residential lot located within an established subdivision. Review
of available agency records, project materials, GIS databases, and public
testimony did not identify any known archaeological sites, historic
properties, traditional gathering areas, cultural sites, or ongoing Native
Hawaiian traditional and customary practices within the project area. No
evidence was presented (in the application or by the applicant) indicating
the exercise of protected Native Hawaiian rights on the subject parcel.
The valued cultural, historical, and natural resources found in the rezoning
area: No known archeological or historical features exist on the subject
property nor is the property listed as a historic site on the State or National
Register of Historic Places. According to the applicant, it is not known
whether the subject property or immediate surrounding area has been used
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in the recent past for the gathering of plants by Native Hawaiians.
Finally, the likelihood of any rare or endangered animal species, habitat or
flora on the property is remote given the long developed, urban nature of
the property and surrounding area.
Possible adverse effect or impairment of valued resources: Native plants
and/or endangered species are unlikely to be impacted by the proposed
development due to the already impacted property and surrounding urban
environment.
Feasible actions to protect native Hawaiian rights: To the extent to which
traditional and customary native Hawaiian rights are exercised, the
proposed action will not affect traditional Hawaiian rights; therefore, no
action is necessary to protect these rights. That said, as the proposed
zoning could allow the development of new dwellings and potentially ADUs
on each proposed lot, a condition will be added requiring consultation with
SHPD should historic resources be inadvertently discovered during
construction.
Lastly, this recommendation is made with the understanding that the
applicant remains responsible for complying with all other applicable governmental
requirements in connection with the proposed use, prior to its commencement or
establishment upon the subject property. Additional governmental requirements
may include the issuance of building permits, 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.
Based on the preceding findings, the request to rezone the property from a
Single-Family Residential-15,000 square feet (RS-15) to a Single-Family
Residential-10,000 square feet (RS-10) zoning district would result in an
appropriate land use pattern that would further benefit the general public.
The accompanying draft bill to amend Section 25-8-33 (City of Hilo District Zone
Map), Article 8, Chapter 25 (Zoning) of the Hawai‘i County Code, is provided for your
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favorable consideration. Please note the proposed conditions of approval attached to the
draft bill.
COUNTY OF HAWAI‘I STATE OF HAWAI‘I
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO DISTRICT ZONE
MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAIʻI COUNTY CODE (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL – 15,000 SQUARE FEET (RS-15) TO SINGLE-FAMILY RESIDENTIAL – 10,000 SQUARE FEET (RS-10) AT WAIĀKEA, SOUTH HILO, HAWAIʻI, COVERED BY TAX MAP KEY NO. 2-4-014:016.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Chapter 25, Article 8, Section 25-8-33, of the Hawai‘i County Code 1983
(2016 Edition, as amended) is amended by changing the district classification of the land situated
at Waiākea, South Hilo, 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 Single-Family
Residential – 15,000 square feet (RS-15) to Single-Family Residential – 10,000 square feet (RS-
10).
SECTION 2. 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.
(Planning Department)
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SEE ATTACHED 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.
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:
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CSaitoREZ.crk.6.18.26
ZAK AI IKAWA SAITO
CHANGE OF ZONE APPLICATION NO. PL-REZ-2026-000101 CONDITIO
NS OF APPROVAL
A. The applicant, successors or assigns (“Applicant”) shall be responsible for
complying with all stated conditions of approval.
B. Final Subdivision Approval shall be secured within five (5) 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. The required water commitment payment for one (1) additional lot shall be
submitted to the Department of Water Supply in accordance with Rule 5 of the
Department of Water Supply Rules and Regulations within one hundred eighty
(180) days of the effective date of this ordinance. The Applicant shall maintain valid
water commitments for the proposed use until all required water facilities charges
have been paid in full.
D. Prior to receipt of Final Subdivision Approval, the Applicant shall construct any
water system improvements that may be required by the Department of Water
Supply to serve the proposed subdivision.
E. Any driveway connections to West Puainako Street shall meet with the
requirements of the State of Hawaiʻi Department of Transportation.
F. All development-generated runoff shall be disposed of on-site and not directed
toward any adjacent properties.
G. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control, of the Hawai‘i County Code.
H. The method of sewage disposal shall meet the requirements of the State
Department of Health.
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I. 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 receipt of an archaeological clearance from DLNR-SHPD when it
finds that sufficient mitigation measures have been taken.
J. 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.
K. The Applicant shall make their 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 for the additional residential units
to be created. The fair share contribution shall become due and payable prior to
receipt of Final Subdivision approval and shall be based on the actual number of
additional residential units/lots created. The fair share contribution in the form of
cash, land, facilities or any combination thereof shall be determined by the County
Council. The fair share contribution may be adjusted annually beginning three
years after the effective date of this ordinance, based on the percentage change
in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall
have a combined value of $19,184.66 per single family residential unit/lot. The total
amount shall be determined with the actual number of residential units/lots
according to the calculation and payment provisions set forth in this condition. The
fair share contribution shall be allocated as follows:
1. $9,251.18 per single family residential unit/lot to the County to support park
and recreational improvements and facilities;
2. $446.28 per single family residential unit/lot to the County to support police
facilities;
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3. $881.46 per single family residential unit/lot to the County to support fire
facilities;
4. $385.91 per single family residential unit/lot to the County to support solid
waste facilities; and
5. $8,219.83 per single family residential unit/lot 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.
L. The Applicant shall comply with all applicable County, State and Federal codes,
laws, rules, regulations and requirements.
M. 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.
N. 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
SINGLE-FAMILY RESIDENTIAL - 15,000 SQUARE FEET (RS-15) TO
SINGLE-FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10)
AT HILO, WAIĀKEA, HAWAIʻI
TMK: (3) 2-4-014:016 DATE: April 7, 2026
Zak Alikawa Saito & Stephanie Mieko Saito
MAP PREPARED BY:
COUNTY OF HAWAIʻI, PLANNING DEPARTMENT
EXHIBIT "A"
8,289.18' S
5,012.61' E
"HALAI"
¹UNV
RS-10
SINGLE-FAMILY RESIDENTIAL -
15,000 SQ. FT. (RS-15)
TO
SINGLE-FAMILY RESIDENTIAL -
10,000 SQ. FT. (RS-10)
REZONE AREA:
21,792 SQ. FT.
RS-15
RS-15
0 0.070.04 Mile
UNV
RS-15
PUAINAKO RD
K
A
W
I
L
I
S
T
RS-10
EXHIBIT A
EXHIBIT B