HomeMy WebLinkAboutCOM 0664.038 2008-2010 .
J YOSHIMOTO yi Phone: (808) 961 -8272
Chair & Presiding Officer ; :� ;�; V �/� : t Fax: (808) 961 -8912
Council District 3 - .- --rs+ • Email: jyoshimoto @co.hawaii.hi.us
•
HAWAII COUNTY COUNCIL
r...a
County of Hawai `i }
Hawai `i County Building n s "i'
25 Aupuni Street, Suite 1402
P TN) i ii
Hilo, Hawai `i 96720
MEMORANDUM 1
TO: Members of the Hawai`i County Council
FROM: J Yoshimoto, Council Chair
DATE: September 24, 2010
SUBJECT: Proposed Amendments to Bill 194, Draft 2, Relating to the Puna Community
Development Plan (CDP)
At the request of the Puna CDP Action Committee, I propose the below amendments to Bill 194,
Draft 2. These proposed amendments will change certain action words in the Puna CDP back to their
original state.
The amendments are illustrated via Ramseyer format with respect to the contents of Bill 194, Draft 2,
and bolded for emphasis as follows (material to be deleted is bracketed and stricken through; material
to be added is underscored):
1. Page 2 -5, Subsections 2.1.3 a and b are amended to read:
"a. Initiate [Prepese] Special Design Districts with detailed planning, design
standards and review procedures for the following areas:
— Volcano Village historic core and the separate Biosphere Reserve Buffer Zone
(see Section 2.3.3 a);
— Pahoa Town;
— Kea`au Town; and
— Kurtistown -to- Mountain View corridor.
Refer to Chapter 5 for implementation guidelines related to this action.
b. Amend [ ] the County building code to add standards for
structures utilizing traditional Hawaiian building design and construction methods.
There may be certain limitations placed on the occupancy or use of these
structures, such as for cultural purposes, accessory uses and /or occasional
gatherings only." �/
Comdr tio. "1 33
Ref. To, G4407 Gi 7
Hawai `i County is an Equal Opportunity Provider and Employer Ref. Date,SEP 2 4 2010
Members of the Hawai`i County Council
September 24, 2010
Page 2
2. Page 2 -7, the last bulleted item of Subsection 2.2.3a is amended to read:
"- Re- zoning [ • • • • • . • • . • . ... • • . • • :1 agricultural- and
residential -zoned lots to an appropriate designation to prevent further subdivision."
3. Page 2 -8, Subsections 2.2.3b and c are amended to read:
"b. Amend [ ] the grubbing and grading ordinance and /or the
zoning code to protect native species, geological and historic features outside of the
BRBZ by preventing pin -to -pin lot grading, clearing and grading encroachments onto
adjacent lots and water diversions into adjoining properties. The new regulations
should provide standards for the preservation of native vegetation, review and public
notice procedures for grading permits, and penalties for violations.
Refer to Chapter 5 for implementation guidelines related to this action.
c. Establish [Propos„ to cstablish] an Office of County Ecologist within the Planning
Department to administer the new regulatory provisions and foster partnerships to
provide public education and technical support for forest conservation, such as:
— Assisting other County agencies such as Department of Public Works and
Department of Parks and Recreation in their programs and facility planning and
maintenance as they relate to native species habitat preservation;
— Engaging in collaborative relationships with Federal and State agencies,
educational institutions and non - profit organizations that conduct research or
administer programs for the protection of native species habitat and the
abatement of invasive species; and
— Launching and sustaining a public education and outreach program to enlist
community support and involvement in forest protection and to raise awareness
of invasive species and practices that threaten the native forest."
4. Pages 3 -5 and 3 -6, Subsections 3.1.3c is amended to read:
"c. Facilitate land use entitlements and other tools for the development of existing and
future village /town centers and special design districts by:
— Approving [' •• •• • • . • • _ • .. . • . • .. . ] commercial
zoning or use permits for existing commercial uses in designated village /town
centers that do not presently have appropriate entitlements, and for proposed
uses at appropriate nearby locations, provided that the size and use of the
expansion area conforms to the criteria applicable to the type of village /town
center at that location; and
Members of the Hawai`i County Council
September 24, 2010
Page 3
— Denying [' . •• • _ •• . • .. . ] zone changes for
commercial or light industrial use on sites that are not within designated
village /town centers.
Refer to Chapter 5 for more detailed implementation guidelines on this proposed action."
5. Page 3 -7, Subsection 3.1.3e is amended to read:
"e. Amend [ ] the zoning code and /or apply district -wide
rezoning to limit allowable building footprint on residential and agricultural -zoned
lands, except for sites designated as village /town centers or for land pooling
projects."
6. Page 3 -7, Subsection 3.1.3h is amended to read:
"h. Reduce [ property tax assessments and payments to token
amounts for properties whose development rights have been removed or
significantly and permanently reduced by means of a conservation easement, land
pooling or similar measure."
7. Page 3 -7, Subsection 3.1.3j is amended to read:
"j. Require [' ... • . • . • • • . • • • • .. • • •• • • ] that notice of
pending applications for special permits, variances and zoning changes be given to
property owners within a greater distance from the affected site than is now
required by law."
8. Pages 3 -9 to 3 -10, Subsections 3.2.3a, b, and c are amended to read:
"a. Prohibit [ ] variances that allow subdivisions that rely on water
catchment or roads that do not meet subdivision road standards to a maximum of six
lots, unless the subdivision results in lots averaging at least twenty acres in size or
averaging at least four times the minimum lot size allowed by zoning, up to an
absolute limit of twenty lots. Where lots were created by previous water catchment
and /or road variances, and the variance provided that further variances should not be
allowed, enforce those provisions by denying further variances on such lots.
b. Downzone [ ' •• • • • • • • • _ . all Agricultural (A) zoned
parcels in the State Agricultural District in Puna to a zoning that would be consistent
with the goals and policies of the Puna Community Development Plan.
c. Rescind [ ] the Urban Expansion Area designations in the
County of Hawai`i General Plan LUPAG, except where they correspond to the
recommended Regional Town Center and industrial boundaries."
Hawai `i County is an Equal Opportunity Provider and Employer
Members of the Hawai`i County Council
September 24, 2010
Page 4
9. Page 3 -13, Subsection 3.3.3h is amended to read:
"h. Amend [ ] building codes to allow occupancy of
residential dwellings before final inspection and to facilitate bringing non-
conforming structures up to the code effective at the time of their initial
construction."
10. Page 5 -2, the last two bulleted items of Section 5.1.1 are amended to read:
"• Amend [ ] the General Plan for the Volcano area, to recognize
the purpose and intent of the BRBZ and acknowledge its role as part of an integrated
Federal, State and County strategy to protect a unique natural resource of global
significance; and
• Re -zone [Propose—re—zoning] agricultural- and residential -zoned lots to zoning districts
that closely match their present lot size to discourage further subdivision and
development within the BRBZ."
11. Page 5 -22, Subsections 2.1.3(A) and (B), Action Item portion, of the Implementation Table
are amended to read:
"(A) Initiate [Seek] Special Design District designations for the following areas:
— Volcano Village
— Pahoa Town
— Kea` au Town
— Kurtistown- Mountain View corridor
(B) Amend [ ] the county building code for traditional
Hawaiian building design and construction methods"
12. Page 5 -22, Subsections 2.2.3(B) and (C), Action Item portion, of the Implementation Table
are amended to read:
"(B) Amend [Propose-amendments-to-the] County code to protect native species,
geological and historic features outside of the BRBZ
(C) Establish an office [ ' ... • • • • .. • • • ! ] of County Ecologist
within the Planning Department"
13. Page 5 -23, Subsection 3.1.3(C), Action Item portion, of the Implementation Table is
amended to read:
"(C) Facilitate land use entitlements and other tools for the development of existing and
future village /town centers and special design districts by:
— Approving [' . •• •• • • . • • .. • • • • . . ] commercial zoning
Hawai `i County is an Equal Opportunity Provider and Employer
Members of the Hawai`i County Council
September 24, 2010
Page 5
or use permits for existing commercial uses in designated village /town centers
— Denying [' •• •• • • . • • :. • • .. . ] zone changes for
commercial or light industrial use on sites that are not within designated
village /town centers"
14. Page 5 -24, Subsection 3.1.3(E), Action Item portion, of the Implementation Table is
amended to read:
"(E) Amend [ ] the zoning code and /or apply district -wide
rezoning to limit allowable building footprint on residential and agricultural -zoned
lands"
15. Page 5 -24, Subsection 3.1.3(J), Action Item portion, of the Implementation Table is
amended to read:
"(J) Require wider notice of pending applications for special permits, variances and
zoning changes [' • •• •• • • . • • • . • • • • • • • • • •
16. Page 5 -24, Subsections 3.2.3(B) and (C), Action Item portion, of the Implementation Table
are amended to read:
"(B) Initiate [Consider] down - rezoning of lands in Agricultural zoning districts to
discourage further subdivision into small lots
(C) Rescind [Reeon- cider] Urban Expansion Areas for Pahoa on the LUPAG, except
where they correspond to existing residential zoning and designated Regional Town
Center and industrial boundaries"
17. Page 5 -25, Subsection 3.3.3(H), Action Item portion, of the Implementation Table is
amended to read:
"(H) Amend [ ] building code to allow occupancy of
residential dwellings before final inspection"
To conserve paper, attached is a draft copy of only the affected pages of the Puna CDP. The
amendments are incorporated therein and shown in bold for emphasis.
JY /dwe
Attachment
Hawai `i County is an Equal Opportunity Provider and Employer
PUNA COMMUNITY DEVELOPMENT PLAN -
PROPOSED AMENDMENTS *
Notify development p- -- • ... • .. .. - . . - - • - - • -
and protecting cultural and historic artifacts and f atures. Prior to and during
development projccts, applicants should seek advice from thc Departments of
Planning and Public Works about permit approval requirements;
and
.. _ . - . _ . . ... - - • • . • • • - _ and other educational programs
promoting or developing Puna lands.]
[bd a. Initiate Special Design [District] Districts with detailed planning, design standards and
review procedures for the following areas:
— Volcano Village historic core and the separate Biosphere Reserve Buffer Zone (see
Section 2.3.3 a);
— Pahoa Town;
— Kea` au Town; and
— Kurtistown- to- Mountain View corridor.
Refer to Chapter 5 for implementation guidelines related to this action.
[] b. Amend the County building code to add standards for structures utilizing traditional
Hawaiian building design and construction methods. There may be certain limitations
placed on the occupancy or use of these structures, such as for cultural purposes,
accessory uses and /or occasional gatherings only.
[d. Amend the County grading ordinance to require consultation with the Historic
Preservation Division and thc aforementioned County Historic Preservation Commission
prior to the issuance of a grading permit.]
2.2 NATIVE FORESTS AND GEOLOGICAL FEATURES
As mentioned in the introduction to this chapter, much of Puna's native forests and
unusual geological features are protected by a network of Federal and State management and
regulatory controls. However, there are several important areas and features that are exposed to
significant impact from activities outside of these protected areas and require County initiatives
to protect these resources:
• Lava tubes and caves, some of which host endemic wildlife, extend throughout the
district. Collapsed tubes and caves can also protect portions of forest from fires,
enabling native vegetation to reach a climax condition. The destruction of such
features could therefore disrupt the ecological system.
• The upper Puna forests and segments of the lower Puna forest are among the finest
and most well preserved of their types in the state. Some of these areas, however, are
zoned for agriculture and urban uses and are therefore presently unprotected by
regulation.
2 -5
r .
PUNA COMMUNITY DEVELOPMENT PLAN ION
PROPOSED AMENDMENTS I N
— A study to mitigate localized flooding in ecologically friendly ways, such as using
vacant, forested lots to absorb floodwaters (see also Action c. in Section 2.3.3)[7];
— Use of "small- footprint" septic tanks to reduce lot grading;
— An expert advisory committee to assist in developing standards, project reviews and
public education programs related to the BRBZ;
— Designation of unencumbered State -owned lands near Wright Road for either Natural
Area Reserve or Forest Reserve status;
— Amendment to the General Plan to recognize the purpose and intent of the BRBZ and
designation of State -owned lands in the BRBZ to "Open ";
— Prohibition of [Ghana] `Ohana Dwelling Units within the BRBZ; and
— Re- zoning agricultural- and residential = zoned lots to an appropriate designation to
prevent further subdivision.
Refer to Chapter S for implementation guidelines related to this action.
Figure 2 -2: Proposed Biosphere Reserve Buffer Zone
0 0.5. 1 2 Miles a� ,,,' � 1 1
1 1 1 : 1 1 1 1 1(
' 1
0 J
0 Y
li k
11. • 1!Wawa ixkdNm*
Proposed biosphere
buffer Reserve Zone
f ` . \?
2 -7
MALAMA I KA `AINA
b. Amend the grubbing and grading ordinance and/or the zoning code to protect native
species, geological and historic features outside of the BRBZ by preventing pin -to -pin lot
grading, clearing and grading encroachments onto adjacent lots and water diversions into
adjoining properties. The new regulations should provide standards for the preservation
of native vegetation, review and public notice procedures for grading permits, and
penalties for violations.
Refer to Chapter 5 for implementation guidelines related to this action.
c. Establish an Office of County Ecologist within the Planning Department to administer
the new regulatory provisions and foster partnerships to provide public education and
technical support for forest conservation, such as:
- Assisting other County agencies such as Department of Public Works and
Department of Parks and Recreation in their programs and facility planning and
maintenance as they relate to native species habitat preservation;
- Engaging in collaborative relationships with Federal and State agencies, educational
institutions and non - profit organizations that conduct research or administer programs
for the protection of native species habitat and the abatement of invasive species; and
- Launching and sustaining a public education and outreach program to enlist
community support and involvement in forest protection and to raise awareness of
invasive species and practices that threaten the native forest.
d. Provide indirect County support for native vegetation preservation via land conservation
trusts by offering real property tax reductions for conservation easements and
contributing County land, where appropriate, to a trust for native habitat management.
e. Reduce the minimum lot size to qualify for the native forest preservation tax reduction
and allow it in any zoning district. Enrollment of a lot in this program is voluntary, but it
is binding and permanent, and attached to effective measures to prevent significant
clearing or other adverse alterations of the forest cover.
f. Encourage the County and the State to investigate and implement alternatives to the use
of herbicides for weed control on public properties.
2.3 AQUIFERS, COASTAL WATERS AND STORMWATER
The fresh water basal lens underlying Puna floats or flows on sea water and has been
measured to reach up to 30 feet above sea level and has an estimated lens thickness of up to
1,200 feet. The aquifer, due to the porosity of the substrate and the extensive forested watershed,
is believed to contain huge flows of high quality ground water even at very low elevations.
The most extensive centralized water service area in Puna is the County's [OIa -a] `Ola`a-
Mountain View system, composed of eleven service areas extending along the Highway 11 from
the former Puna Sugar Company mill to the [Oa'a] `Ola`a Reservation Lots, and along Highway
130 to Kaloli Drive. The County also maintains smaller water systems serving the Pahoa and
Kalapana areas. The Hawaiian Beaches subdivision is served by a private system installed by
the developer. However, nearly all residents, including farmers, in other inhabited areas that are
not presently serviced by water systems depend upon catchment systems to supply their water
needs, including fire- fighting.
2 -8
PUNA COMMUNITY DEVELOPMENT PLAN 1.7
PROPOSED AMENDMENTS
3.1.3 Actions
[.. • .. _ _ . - - . . - .. - -- •_ _ .
b:] a. Provide County support for land use entitlements and land assembly for village center
formation and voluntary land pooling projects by:
[ Cr ting a "floating zone" in the County zoning code that allows parcels in a land
pooling project to be treated as a joint use development containing a mix of uses
pursuant to a single site development plan;]
— Initiating a special use permit request or petition for a land use district boundary
amendment for uses that would require such designations under State law;
— Seeking an amendment to the State Land Use Law (Chapter 205, Hawai`i Revised
Statutes) that would enable the adoption of special "rural town/village" standards for
locations meeting certain criteria in the State Agriculture District or State Rural
District, subject to a review and approval process that is simpler than the present
method of boundary amendment;
— Seeking State enabling legislation to allow County retention of lots that are in
foreclosure for delinquent real property tax payments rather than having them
auctioned for sale to the highest bidder, so that they can be used for relocation
purposes when other properties are acquired for future rights -of -way, public facilities,
land assembly related to village /town center development, or other objectives of the
community development plan; and
— Extending technical assistance and advice to a community -based land pooling
association concerning legal and financial aspects of land pooling as they relate to
County or State legal requirements and tax policies.
[e.] b. Establish the following general classifications and locations for village and town centers
in Puna:
— Kea' au, Pahoa, and Hawaiian Paradise Park shall serve as Regional Town Centers to
provide a wide range of services for the Puna district;
— Community Village Centers shall provide a more limited range of services in smaller
existing urban settlements and in large subdivisions that are experiencing the greatest
rates of build -out; namely, at 'Ainaloa, Kurtistown, Maku'u Homesteads, Mountain
View, two or more locations in Hawaiian Paradise Park, and at Volcano; and
— Neighborhood Village Centers shall be the smallest in scale and located in
underserved remote communities and in subdivisions with relatively small lot sizes
and significant rates of population growth.
Refer to Chapter 5 for more detailed implementation guidelines on this proposed action.
[d-] c. Facilitate land use entitlements and other tools for the development of existing and future
village /town centers and special design districts by:
— Approving commercial zoning or use permits for existing commercial uses in
designated village /town centers that do not presently have appropriate entitlements,
and for proposed uses at appropriate nearby locations, provided that the size and use
3 -5
mow MANAGING GROWTH
of the expansion area conforms to the criteria applicable to the type of village /town
center at that location; and
— Denying zone changes for commercial or light industrial use on sites that are not
within designated village /town centers.
Refer to Chapter 5 for more detailed implementation guidelines on this proposed action.
Figure 3 -2: Proposed Town and Village Center Locations
0 2,5 5 1 Miles =
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Village Centers
tFb$1( ra �< o >a 3k�a 175 � 4 y /'� s
_f Regional
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El Future Location Subject
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rma map anpuw nA1 Aa uaaa ror spate, anarycu nevpna
the Lmrt9 A /IAe tldla Aleben(etl, t.e. WUnCeey hfetp,elations.
3 -6
PUNA COMMUNITY DEVELOPMENT PLAN
PROPOSED AMENDMENTS
[e:] d. Facilitate land use entitlements and financing for the development of new village /town
centers by:
— Creating a [ "floating zonc" for new village /town centers with pre determined
development standards based on village /town center type that can be applied to the
village /town center once its location has been determined;] regional town center plan
for each village /town area as prescribed in Section 5.2.1; and
— Providing loan guarantees or making grants to community associations or
partnerships for the development of necessary infrastructure for the village /town
center.
Refer to Chapter S for more detailed implementation guidelines on this proposed action.
[f ] e. Amend the zoning code and /or apply district -wide rezoning to limit allowable building
footprint on residential and agricultural -zoned lands, except for sites designated as
village /town centers or for land pooling projects.
[g.] f. Require County agencies to establish Level of Service standards for County infrastructure
and services and report periodically on the degree to which these standards are being met
in Puna and proposed steps towards meeting those standards, if they are not being
achieved.
[11,-] g_ Urge the Department of Hawaiian Home Lands (DHHL) to conform to the goals and
objectives of the Puna Community Development Plan (PCDP) with respect to the use and
development of its lands.
[id h. Reduce property tax assessments and payments to token amounts for properties whose
development rights have been removed or significantly and permanently reduced by
means of a conservation easement, [transfer of development rights,] land pooling or
similar measure.
[j-] i. Conduct a study on the impacts from subdivision build -out based on predictions related
to: native ecosystems; potential potable water well sites; and flooding due to loss of
forest.
[k J j Require that notice of pending applications for special permits, variances and zoning
changes be given to property owners within a greater distance from the affected site than
is now required by law.
3.2 AGRICULTURE AND ECONOMIC DEVELOPMENT
Puna is primarily an agriculture district with high diversification of production. Even
with the demise of sugar cane production in Puna, agriculture remains a viable economic land
use, both for commercial export of products and for local consumption.
With the transition in recent decades from plantation -based agriculture to smaller - scale,
diversified agricultural operations, Puna faces several challenges. Below are those that the Puna
Community Development Plan attempts to address in some way:
• Rising land costs, especially within subdivisions where residential dwellings are the
principal use, make it difficult for new farmers to acquire land for a viable
agricultural operation.
3 -7
r
PUNA COMMUNITY DEVELOPMENT PLAN -
PROPOSED AMENDMENTS
e. Puna agricultural products represent an increasing local market share.
f. There are more agriculture - related employment training and local job opportunities for
youth.
g. Local job growth is primarily in "green" industries such as agriculture, alternative energy,
communications technology, eco- tourism and natural resources management.
3.2.2 Objectives
a. Discourage urban growth and further subdivision on lands that have been identified as
having potential value for agricultural use through appropriate zoning re- designations and
new code provisions.
b. Create larger lots for agricultural use in existing small -lot subdivisions through land
pooling and other methods.
] c. Discourage real estate speculation on agriculturally -zoned lands.
[e:] d. Provide County tax incentives to promote and preserve agricultural use of lands that are
currently or historically in agricultural use.
[f7] e. Provide sites and infrastructure for farmers markets at County parks and proposed
village /town centers.
[g:] f. Form partnerships with local businesses and educational institutions to advance education
and training in two sectors:
— `Green' sector, to include agriculture, alternative energy, resource recycling and
recovery, and other related areas; and
— The information technology sector.
[1} ] g, Support agricultural tourism with emphasis on events such as orchid celebrations, papaya
festivals, locally- produced food festivals (i.e., "Taste of Puna "[ -])_
[id h. Promote farm business such as local food stores and "farm stay" bed and breakfasts.
These can be coupled with youth training programs for low income youth.
[j-] i. Provide infrastructure support for youth education and job training in the technology and
agricultural sectors.
[1F] j_ Protect quality agricultural lands, especially fallow agricultural lands, through [purchase
or 1 u.sc by County, State or] community land [trust, and provide long term leases for
community use.] trusts or with tax incentives for farmers.
[1 ] k. Create new "green" employment opportunities in the agricultural, alternative energy, and
natural resources management in Puna.
3.2.3 Actions
a. Prohibit variances that allow subdivisions that rely on water catchment or roads that do
not meet subdivision road standards to a maximum of six lots, unless the subdivision
results in lots averaging at least twenty acres in size[, and] or averaging at least four times
the minimum lot size allowed by zoning, up to an absolute limit of twenty lots. [There
Where lots were created by previous [variances allowing] water catchment and /or road
3 -9
41,7 MANAGING GROWTH
variances, and the variance provided that further variances should not be allowed, enforce
those provisions by denying further variances on such lots.
b. Downzone all Agricultural (A) zoned parcels in the State Agricultural District in Puna to
a zoning that would be consistent with the goals and policies of the Puna Community
Development Plan. [as follows:
Lots of 100 acres or more to A 20a;
_ _ - 11 - •
- . - . - :. - ., ! . - . . _ . . . . •
more than a two lot subdivision; and
Lots of less than 5 acres to A 5a.]
c. Rescind the Urban Expansion Area designations in the County of Hawai`i General Plan
LUPAG, except where they correspond to the recommended [Village] Regional Town
Center and industrial boundaries [for K a'au and Pahoa, as illustrated in Chapter 5].
d. Seek State legislation to impose a higher conveyance tax rate and /or capital gains taxes
on Puna properties that are re -sold within a short period, with exceptions for properties
providing affordable housing.
e. Seek State legislation to allow the County to hold onto properties that are in foreclosure
due to property taxes in arrears rather than immediately auctioning them to the highest
bidder in order to:
— Discourage speculative re -sale and /or building;
— Allow the use of these properties in land pooling projects in nonconforming
subdivision that would create larger lots committed to agricultural use;
— Protect unknown natural and cultural sites or features;
[For] Provide educational programs for agriculture, forestry and natural resources
management; and
[For use in] Support community land trusts and land exchanges.
f. Provide land and infrastructure for farmers' markets within village /town centers.
g. Seek State legislation or rule- making to allow local agricultural producers to make direct
sales to consumers at County- designated farmers markets at the 0.5% general excise tax
rate rather than the 4.0% rate that applies to retail sales.
h. Develop an agri /eco- tourism policy, including necessary zoning legislation. Provide
County assistance and support for agri- tourism, emphasizing and prioritizing off -farm
agri- tourism opportunities such as farmers markets, special events; restaurants
specializing in local food products; and fusion of local agricultural products with cultural
and arts events in Puna. As a second priority, the agri /eco- tourism policy would promote
on -farm opportunities, but only where infrastructure exists, and not in private
subdivisions with private roads.
i. Develop business incubator districts in Kea'au, Pahoa and Mountain View where small
businesses can, for a start-up period of two to three years, occupy spaces at subsidized
3 -10
PUNA COMMUNITY DEVELOPMENT PLAN
PROPOSED AMENDMENTS
p ,
3.3.3 Actions
a. Develop a centrally - located, 24 -hour, full - service medical facility, with trauma care, in
Puna. Establish multiple clinic level facilities offering primary medical and dental
services in village centers in Upper and Lower Puna. Expand existing County - funded
transportation services to carry people from subdivisions to medical facilities.
b. Establish "one -stop centers" at Pahoa, Kea'au, Volcano, Mt. View, Hawaiian Paradise
Park and Kurtistown to provide referrals, support and advocacy related to the following
issues:
— Substance abuse treatment and prevention;
— Assistance for housing, special needs housing, homeless persons, and community
development;
— Teen pregnancy prevention/birth control;
— Child care and elder care options;
— Transportation and service coordination;
— Employment;
— Serving clients with disabilities;
— Domestic violence screening /abatement /prevention;
— Access to medical services and complementary health services, including nursing
programs for homebound clients; and
— Access to clean water and education on catchment water.
c. Build partnerships between the County and non - profit organizations to increase the range
of social services and economic development opportunities.
d. Seek State enabling legislation to allow homeowners and organizations such as Habitat
for Humanity to do their own plumbing and electrical work on modest -sized dwellings in
order to lower self -help housing construction costs.
e. Offer educational programs, through the County Office of Housing and Community
Development, to develop financial skills of renters who seek opportunities for home
ownership, and to develop awareness of effective rental strategies for owners and tenants.
f. Sponsor, through the County Office of Housing and Community Development, programs
to increase homeownership opportunities, such as the Home Investment Partnerships
Program for mutual self -help housing development and limited - equity cooperatives.
g. Promote multi - family housing — especially for those with special needs, such as the
elderly — in designated regional or community village /town centers.
[ - . ' - - - :. ns, on a sliding scale according to household income, for the
renovation of existing housing.
-id h. Amend building codes to allow occupancy of residential [dwelling] dwellings before
final inspection and to facilitate bringing non - conforming structures up to the code
effective at the time of their initial construction.
[] i. Urge the State to increase local control over public schools in Puna by measures such as:
3 -13
IMPLEMENTATION
• Request, via County Council resolution, that the State Department of Land and
Natural Resources (DLNR) consider designating its unencumbered lands near Wright
Road for either Natural Area Reserve or at least Forest Reserve status;
• Amend the General Plan for the Volcano area, to recognize the purpose and intent of
the BRBZ and acknowledge its role as part of an integrated Federal, State and County
strategy to protect a unique natural resource of global significance; and
• Re -zone agricultural- and residential -zoned lots to zoning districts that closely match
their present lot size to discourage further subdivision and development within the
BRBZ.
5.1.2 Revised Grading and Grubbing Controls (District -wide)
Below are suggested revisions to County grading and grubbing regulations to protect
native forests and geological and cultural features.
• Support ongoing vegetation mapping projects to identify areas where good quality
native forest exists. When reliable mapping is available, establish protected areas of
existing good quality native forest where grading, grubbing, and other land clearing
would be limited to reasonably accommodate a homesite, some open areas for yards,
gardens, or landscaping, and driveways, with preservation of a perimeter forested
area. Allow additional clearing only for bona fide agricultural activities, and verify
that agriculture is actually being conducted.
• Support efforts by the State Historic Preservation Division (SHPD) to create a
Geographic Information System (GIS) database of known archaeological and
historical sites. Once the database is available, require implementation of protective
measures, such as fencing, for all grading and grubbing in the vicinity of known sites,
except where prior SHPD authorization has been obtained.
• Require that applications for grading and grubbing permits contain the following
property authorizations and certifications:
— Written authorization of the lot owner and proof of ownership, such as a real
property tax record or deed.
— Certification by a licensed surveyor that: (1) the lot being prepared for
development is the right Tax Map Key (TMK) parcel; (2) the proposed
development area (size) is correct; and (3) all required building setbacks are
outside of the planned site development prior to approval to begin site work.
• Require that yards and native trees at other locations on the site that are designated
for preservation be clearly staked or flagged prior to and during land preparation,
clearing and construction, and that notice of the grading and grubbing work be posted
on the property frontage, visible from the access road.
• Establish stiffer penalties for violations of these grading and grubbing restrictions
than for other types of zoning or grading violations because, while most of the latter
5 -2
IMPLEMENTATION
Res onsibility Timetable Est. Cost
Section Action Item Lead Supporting 2008 -12 2013 -17 2018 -30 $1,000 (200'
MALAMA I KA `AINA
2.1.3 Historic, Cultural, and Scenic Resources
RA)] [ _ • • ' • , - • • • • - - • _ _ . - - - ... .: [C [RD] [X]
[(B)] Initiate Special Design District designations for the
(A) following areas:
— Volcano Village PD COU X
— Pahoa Town PD COU X
— Kea'au Town PD COU X
— Kurtistown- Mountain View corridor PD COU X
[(G)] Amend the county building code for traditional Hawaiian DB COU/PD X
(B) building design and construction methods
[(D)] Amend the county grading ordinance to require
(C) consultation with the Historic Preservation Division and COU PDW/PD X
County Historic Preservation Commission
2.2.3 Native Forests and Geological Features
(A) Enact a BRBZ Design District for the Volcano area COU PD /DPW X i
(B) Amend County code to protect native species, geological COU DPW /PD X
and historic features outside of the BRBZ
(C) Establish an office of County Ecologist within the COU PD X
Planning Department
(D) Provide County support for forest preservation by
offering real property tax reductions and contributing COU FIN,DPW X X X
land
° 0 1 004 :
(E) Reduce the minimum lot size to qualify for the native
forest preservation tax reduction and allow it in any COU FIN X
zoning district
( N) Investigate alternatives to herbicides for weed control on DOT,DPW DOE, DPR,DLNR X
public lands
2.3.3 Aquifers and Coastal Waters
(A) Encourage State legislation to prohibit the use of
cesspools as a means for wastewater disposal in areas LEG DOH/DLNR X
below 1,000 feet Mean Sea Level
(B) Seek state Department of Health acceptance of small -
footprint septic wastewater treatment designs and LEG DOH X
clustered septic systems
(C) Prepare watershed management plans for the Volcano -to-
Mountain View and Hawaiian Acres -to- Orchidland areas DPW DW /PD X
to address localized flooding problems
(D) Ensure [that] legislation for a corridor of the Puna
watershed at least two miles wide [between] including
the Wao Kele 0 Puna forest area and the [esean] State
lands mauka of Highway 130 between 'Ainaloa LEG DOH /DLNR X
subdivision and Pahoa is preserved for future potable
water use
(E) [fie] Encourage legislation that requires all
blackwater wastewater disposal systems to be contained
or connected to a collection system in areas below 100
PD DOH, DPW, DEM X
5 -22
PUNA COMMUNITY DEVELOPMENT PLAN
PROPOSED AMENDMENTS ? ,
Action Item Responsibility Timetable Est. Cost
Section Lead Supporting 2008 -12 2013 -17 2018 -30 $1,000 (200'
feet Mean Sea Level
Prepare an EA or an EIS for a wastewater treatment
facility to service the Kapoho Beach LotsNacationland DEM DOH. PD X
Hawai`i area
(G) Provide tax credits to Kapoho residents who convert their LEG DEM, DOH X
existing cesspools into aerobic treatment systems
2.4.3 Shoreline Area
(A) Expand and improve database, references and skills at
PD UH,DBEDT,FED X
County level to review shoreline permit applications
(B) Research and record information on trails and historic DLNR PD X
resources
(C) Conduct historic and biological surveys for review of
shoreline permit applications and certifications and
[prohibit] recommend increased scrutiny of applications PD,DLNR NGO X
for SMA permits for subdivision of properties likely to be
underwater in 100 years
(D) Take into account subsidence and storm waves m DLNR PD X
shoreline certifications
(E) Study storm wave and high tide patterns to develop FED,UH,DLNR DPW X
refined coastal flood zone maps
(F) Implement special zoning and development controls for ,r,. `
Kapoho area to address subsidence issues PD UH,DBEDT,FED X
MANAGING GROWTH`'
3.1.3 Land Use Pattern ,
[4)] [Adopt enabling legislation for a transfer of development [G0-61 [GG] [X]
L ei]
[(1] Provide county support for land use entitlements and land
(A) assembly for voluntary land pooling projects by:
[ —] [Creating a "floating zone" in the County zoning code] [PIA [GA] [X]
— Initiating a special use permit request or petition for land PD LUC X X
use boundary amendment
— Seeking amendment to State Land Use Law to enable PD LUC X
"rural town /village" standards
— Seeking State enabling legislation to allow County to
PD FIN X
retain lots delinquent in real property taxes
— Extending technical assistance and advice to community- CC, FIN NGOs X X X
based land pooling associations
[(C)] Establish the following general classifications for village
(B) and town centers: Regional, Community and PD CA X
Neighborhood
[(D)] Facilitate land use entitlements and other tools for the
(C) development of existing and future village /town centers
and special design districts by:
— Approving commercial zoning or use permits for
existing commercial uses in designated village /town PD COU X
centers
— Denying zone changes for commercial or light industrial
use on sites that are not within designated village /town PD COU X X X
centers
[(>] Facilitate land use entitlements and financing for the
(D) development of new village /town centers by:
5 -23
/
ON r IMPLEMENTATION
Action Item Responsibility Timetable Est. Cost
Section Lead Supporting 2008 -12 2013 -17 2018 -30 $1,000 (200'
— Creating a [ "floating zone" classification] regional town PD CA X
center plan for [new] each village /town [contend center
— Providing loan guarantees or grants to community
associations or partnerships for infrastructure COU FIN X X
development
[(] Amend the zoning code and /or apply district -wide
(E) rezoning to limit allowable building footprint on COU PD X
residential and agricultural -zoned lands
[(G)] Require County agencies to establish and report on Level PD,DPW,HFD,HPD,
(F) of Service standards for infrastructure and services COU DWS,DPR X X X
[(H)] Urge the Department of Hawaiian Home Lands (DHHL) COU /LEG DHHL X
(G) to conform to the goals and objectives of the PCDP
[(I)] Consider fixing the real property tax assessments of
(H) voluntarily enrolled property owners COU FIN X
[(J3] Conduct study on the impacts from subdivision build -out PD DLNR, DW X
[(K)] Require wider notice of pending applications for PD COU X
(J) special permits, variances and zoning changes
3.2.3 Agriculture and Economic Development
(A) Limit water system and road standard variances for new PD COU X
subdivisions on agricultural -zoned land
(B) Initiate down- rezoning of lands in Agricultural zoning PD COU X
districts to discourage further subdivision into small lots
(C) Rescind Urban Expansion Areas for Pahoa on the
LUPAG, except where they correspond to existing
residential zoning and designated [village-senters] COU PD X
Regional Town Center and industrial boundaries
(D) Seek State legislation to impose higher conveyance LEG FIN X
and /or capital gains taxes on short-term property re -sales
(E) Seek state legislation to allow the county to hold onto
properties that are in foreclosure due to property taxes in PD FIN X
arrears rather than immediately auctioning them to the
highest bidder
(F) Provide land and infrastructure for farmers' markets R &D DPW X X
within village /town centers
(G) Seek State authorized lower General Excise Tax rate on
local agricultural products sold at County farmers LEG R &D X
markets
(H) Develop an agri /eco- tourism policy, necessary zoning
and other County assistance for farmers markets, special R &D PD X
events, restaurants specializing in local food products,
and similar promotions of local agriculture
(I) Develop business incubator districts in Kea'au, [Raliea] R &D DBEDT/DP X X
Pahoa, and Mountain View
(J) Promote use of the incentives offered by the designation R &D DBEDT X X X
of an Enterprise Zone
(K) Support the HCC -The Bay Clinic or similar partnership UH, NGO DBEDT, R &D X
to establish a youth business center in Kea'au
(L) Support the development of a community-based organic
farming operation and training facility in cooperation
UH R &D X
5 -24
PUNA COMMUNITY DEVELOPMENT PLAN
PROPOSED AMENDMENTS
Action Item Responsibility Timetable Est. Cost
Section Lead Supporting 2008 -12 2013 -17 2018 -30 $1,000 (200'
with UH
(M) Develop job opportunities in Puna in renewable energy R &D DBEDT X X
generation
(N) Conduct a study to define and identify important PD R &D X
agricultural lands in Puna
agfieultur-al-lands]
[(4 Create a real property tax exemption (perhaps 4 to 6 COU FIN X
(0) years) for farmers entitled to Federal crop loss insurance
[(] Encourage organic farming and gardening by establishing UH LEG /COU X X X
(P) a Puna a. iculture scholarship with HCC and UH Hilo
3.3.3 Soc e 6 es and Housing
(A) Develop a centrally located full- service medical facility NGO LEG /DOH X X X
based on a non - profit model
(B) Establish "one- stop" social services assistance centers at NGOs DSSH, OHCD X X
various locations
(C) Build partnerships between the County and non -profit
organizations for social services and economic COU NGO,OHCD,R &D X X X
development
(D) Seek State enabling legislation to help lower self -help LEG COU /OHCD, DB X
housing construction costs
(E) Offer educational programs to develop financial skills of OHCD HFDC X X X
renters and rental strategies for owners and tenants
(F) [Sponser] Promote programs to increase homeownership OHCD HFDC X X X
opportunities _
(G) Promote multi- family and special needs housing in HFDC /OHCD PD X X X
village /town centers
[(H)] [' : _ - - - -
[014€13] [G044] [X] [X]
,,.1 . a ti on ]
[OA Amend building code to allow occupancy of residential COU BD X
(H) [dwelling] dwellings before final inspection
[(4)] Urge the State to increase local control over public LEG COU X X
a) schools
(J) Urge the State to establish a Hawai`i Community LEG UH X
College /UH -Hilo satellite campus in Puna
3.4.3 Public Safety and Sanitation Services
(A) Develop permanent fire stations at[,] Hawaiian
Beaches /Shores, Hawaiian Paradise Park, lower Volcano, COU HFD X X
and Mt. View
(B) Provide additional volunteer stations in subdivisions as HFD NGOs X X X
sites become available and growth warrants
(C) [1revide] Promote free wireless internet services COU,LEG FED X X
(D) Provide more emergency call boxes along State highways DOT X
(E) Encourage enhancement of cell phone service to cover LEG PLC X
remote areas
(F) Boost Department of Environmental Management COU DEM X X X
recycling budget
[(G)] [•::-.: ..`... . • -. -:. •. . - . • - . - • ] [DEM] [X] •
[(H)] Increase County resources to handle abandoned /derelict
(G) car removal COU DEM X X X
5 -25