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COM 0687.000 2024-2026
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COM 0687.000 2024-2026
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Last modified
1/29/2026 9:08:59 AM
Creation date
1/8/2026 8:35:59 AM
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Communications
Communications - Type
COM
Communications - Council Term
2024-2026
Communication
0687
Point
000
Author
William V. Brilhante, Jr., Managing Director
Communications - Referred To
LAAC
Document Relationships
AGE COUNCIL 2026-02-04 2024-2026
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Path:
\Council Records\Agendas\2024-2026\Council
AGE COUNCIL 2026-02-18 2024-2026
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Path:
\Council Records\Agendas\2024-2026\Council
AGE LAAC 2026-01-22 2024-2026
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\Council Records\Agendas\2024-2026\Legislative Approvals and Acquisitions Committee (LAAC)
BIL 119 Draft 01 2024-2026
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\Council Records\Bills\2024-2026
REP LAAC 027 2026-01-22 2024-2026
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Path:
\Council Records\Reports\2024-2026\Legislative Approvals and Acquisitions Committee (LAAC)
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Dr. Holeka Goro Inaba, Council Chair <br />and Members of the County Council <br />December 22, 2025 <br />Page 6 <br />Since the area was rezoned, the South Kohala Community Development Plan <br />(SKCDP) was adopted by Ordinance No. 08 159 on December 1, 2008. The subject <br />property is located along Kawaihae Road between the Kawaihae and Waimea <br />communities within an existing subdivision which is not depicted on any of the <br />Conceptual Plans (Waimea, Waikoloa, Kawaihae, or Puak6) in the SKCDP. <br />According to the Department of Water Supply (DWS), each property within the <br />rezone area is currently served by a 5/8-inch water meter, which provides one unit of <br />water with an average daily usage of 400 gallons. DWS has further indicated that the <br />existing water system cannot support or provide additional service beyond current levels. <br />Although the concurrency section of the Zoning Code related to water supply was <br />adopted after the area was rezoned, those requirements only apply to amendment requests <br />seeking an extension of time to fulfill a zoning condition. <br />Since this amendment request does not involve an extension of time, the <br />concurrency requirements for water supply are not applicable. Therefore, it is determined <br />that the additional dwellings may be constructed using water catchment tanks without <br />conflicting with the concurrency provisions of the Zoning Code. <br />The request is not contrary to Chapter 205A, Hawaii Revised Statues, <br />relating to Coastal Zone Management. The subject property is located approximately <br />6.2 miles from the nearest shoreline and is not situated within the SMA. Thus, the <br />property will not be affected by coastal hazards and beach erosion. There are no <br />identified recreational resources, historic resources, public access to the shoreline or <br />mountain areas, scenic and open space preserves, coastal ecosystems, or marine resources <br />on the subject property. <br />In view of the Hawaii State Supreme Court's PASH and 'Ka Pa`akai O Ka <br />' ina" decisions, the issue relative to native Hawaiian gathering and fishing rights must <br />be addressed in terms of the cultural, historical, and natural resources and the associated <br />traditional and customary practices of the site. <br />Investigation of valued resources: No professional floral/faunal or <br />archaeological/cultural studies were submitted with the amendment request as each <br />property in the rezone area has been cleared and improved with a single-family dwelling <br />and related improvements. <br />The valued cultural, historical, and natural resources found in the rezoning area: <br />According to the findings. from the original change of zone application no valued cultural, <br />historical or native resources nor any traditional and customary Native Hawaiian rights <br />were practiced in the area, nor is there any record of designated public access to the <br />shoreline or mountain areas that traverses the property. <br />
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