HomeMy WebLinkAboutPD BACKGROUND REPORT (AMEND REZ-11-136__PL-REZ-2021-002) BFoster-REZ.EC.9222021
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
CYNTHIA FOSTER
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 1173 (REZ 11-136)
CYNTHIA FOSTER has submitted an application for a five (5)year time extension to
Condition C (Final Subdivision Approval) of Change of Zone Ordinance No. 1173,which
rezoned approximately 17.88 acres of land from an Agricultural 40-acres (A-40a) zoning district
to an Agricultural 5-acres (A-5a) zoning district. The subject property is located on the north side
of Mdmalahoa Highway, approximately 750 feet west its intersection with Kipahele Street,
Pu`ukapu Homesteads 2nd Series, Waimea, South Kohala, Hawaii, TMK: 6-4-017:042.
PROPOSED ACTION
1. Request: The applicant is requesting a five (5)year time extension to comply with
Condition C,which states "Final Subdivision Approval shall be secured within five (5)
years from the effective date of this ordinance. "By Planning Department letter dated
February 25, 2019 (included in the application as Exhibit B), the applicant was granted a
five (5)year administrative time extension that expired on September 1, 2021. As the
applicant was unable to successfully obtain Final Subdivision Approval by this deadline,
she is now requesting an additional five (5)year time extension to subdivide the 17.88-
acre lot into three (3), 5+ acre lots. Once the subdivision is finalized, the applicant intends
to retain two of the lots for her family,while selling the third lot to help offset
subdivision costs.
2. Reason for the Request: According to the applicant, concerted efforts were made to
obtain Final Subdivision Approval prior to the administrative time extension deadline of
September 1, 2021,but was unable to do so for the following reasons:
■ According to the applicant much of the actual subdivision process was deferred to
a family member who has a thriving coffee farm in Kona, and thus was
preoccupied much of their time resulting in some delay in the process.
■ The initial surveyor hired for the project suddenly moved out-of-state, forcing the
applicant to find another surveyor to complete the task. Finding another surveyor
during the pandemic, which started in late 2019 proved difficult.
Despite the preceding listed difficulties,the applicant was able to retain the services of
Wes Thomas Associates who have been working to complete the subdivision and other
conditions of approval of the subject ordinance, including engineering and design work
for the required driveway improvements and water meter installation. Moreover, the
project was granted Tentative Subdivision Approval on November 27, 2020 and the
applicant has secured the necessary water commitments for the project through January
31, 2022. Plans are still under development and the applicant intends to submit them for
County review and approval soon. Finally, the applicant anticipates completion of all the
requirements to comply with this condition by the end of 2022, thus the applicant is
requesting a five (5)year time extension to Condition C.
3. Supportive Information: The applicant has submitted the attached in support of the
request: (Planning Department Exhibit 1 —Rezone Amendment Application dated
June 29,2021)
4. Landowner: Cynthia Foster.
BACKGROUND INFORMATION
5. September 1,2011: Effective date of Ordinance No. 1173 which amended the zoning
district classification from Agricultural-40 Acres (A-40a)to Agricultural-5 Acres
(A-5a) (included as Exhibit A in the application).
6. February 25,2019: Date the five (5)year administrative time extension was granted to
September 1, 2021 in order to secure Final Subdivision Approval for the project
(included as Exhibit B in the application).
7. November 27, 2020: Date Tentative Subdivision Approval with modifications and
conditions was granted for the preliminary plat map dated August 19, 2020 (included as
Exhibit E in the application).
DESCRIPTION OF STATE AND COUNTY PLANS
8. State Land Use Designation: Agricultural.
9. GP LUPAG Map: Extensive Agriculture and Important Agricultural Land. Roughly the
southern 1/3 of the property is designated as Important Agricultural Land.
10. County Zoning: Agricultural 5-acre (A-5a).
11. South Kohala Community Development Plan (SKCDP): The SKCDP, adopted by
Ordinance No. 08 159, affects the subject property. The project site is identified within an
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area for"Small Farms and Ranches Preservation Program" in the SKCDP (Figure 4.4 -
Waimea Town Conceptual Plan).
12. Special Management Area (SMA): The Special Management Area is a part of the
Coastal Zone Management Program and regulated by the County. The property is located
more than twelve (12)miles from the nearest coastline and is not situated within the
Special Management Area.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
13. Subject Property: The property is approximately 17.88 acres in size located near the 54-
mile marker on the Mamalahoa Highway in Waimea. The southern portion of the site is
fairly flat,with slopes ranging from two to five percent. The northern portion of the
property has slopes from two (2)to ten (10) percent. Elevation ranges from 2,900 to
3,000 feet. There is an existing single-family dwelling on the property that is located near
the highway with a driveway directly accessing Mamalahoa Highway.
14. Surrounding Zoning/Land Uses: Surrounding properties are zoned Agricultural 40-acre
(A-40a)to the north,west and southeast across Mamalahoa Highway. The adjacent
property to the east and properties to the south across Mamalahoa Highway are zoned
Agricultural 5-acre (A-5a). The Ho`onani Subdivision, consisting of 10,000-square foot
residential lots,is located approximately 600 feet to the east of the property and zoned
Agricultural 1-acre (A-la). An adjacent property directly to the east was rezoned from
A-40a to A-5a on December 27, 2005 (Ordinance No. 05-169)to support a proposed B-
lot subdivision (SUB 07-0000625).
15. ALISH: Other Important Agricultural Land and Prime Agricultural Land. Roughly the
southern 1/3rd of the property is identified as Prime Agricultural Land.
16. Land Study Bureau's Detailed Land Classification System: "C" or"Fair".
17. U.S. Soil Survey: MLD (Maile Silt Loam) series 6 to 20% slopes and MaA(Maile Silt
Loam) 0 to 3 % slopes.
18. Flood Zone: The majority of the property is situated within flood Zone"X", an area
determined by FEMA FIRM map to be outside the 500-year flood plain. According to
DPW's comments on the proposed subdivision,portions of the subject parcel also include
Zones AO,AE,AEF, and XS and may include other watercourses or drainageways.
Conditions of the Tentative Subdivision Approval require the applicant to identify areas
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of the property located within the other flood designations, other watercourses and
drainageways and prescribes requirements for any construction in those areas. (Planning
Department Exhibit 2-FEMA FIRM Map)
19. Flora/Fauna Resources: There were no professional flora/fauna surveys conducted of
the site. The applicant does not believe that rare or endangered floral or faunal resources
are likely on the site, as the property has been extensively used for cattle grazing in the
recent past. The flora of the site is dominated by kikuya grass with scattered `Ohi`a trees
throughout the site. The property is not known to be a habitat for any rare or endangered
animal life.
20. Archaeological Resources: Since the property has been historically used for cattle
grazing, no commissioned archaeological survey has been conducted. It is expected that
no archaeological or historic features exist on the property. By letter dated August 4,
2021, DLNR-State Historic Preservation Division (SHPD)indicated that they have no
objections to the proposed time extension, however SHPD indicated that they have
insufficient information to determine the potential of the proposed future development
project to impact historic properties. Thus, SHPD requests an opportunity to review any
permits involving ground disturbing activities related to future development of the
subject parcel as well as final plat maps for the proposed subdivision. Based on that
review, SHPD may further request that an archaeological field inspection be conducted of
the subject parcel by a qualified archaeologist to determine if undocumented historic
properties exist in the project area prior to any future ground disturbance. If unrecorded
historic properties are present, SHPD will request that an archaeological inventory survey
(AIS)be completed prior to initiation of land altering activities.
21. Cultural or Native Gathering Rights: There is no evidence of any traditional and
customary Native Hawaiian rights being practiced on the property, nor existence of any
known valued cultural, historical, or native resources in the area.
22. Public Access: There is no record of a designated public access to the shoreline or
mountain areas that traverses the property.
PUBLIC UTILITIES AND SERVICES
23. Access: The property is currently accessed via a single driveway access connection from
Mamalahoa Highway to the existing dwelling on the property. Condition D of the subject
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ordinance limits direct driveway access from Mamalahoa Highway to one (1)lot and
requires provision of access to the additional proposed lots via a subdivision roadway that
meets the minimum requirements of the Subdivision Code and meets with the
requirements of the Department of Public Works. Conditions of the Tentative
Subdivision Approval prescribe how the applicant will comply with this condition.
Mamalahoa Highway is a County arterial roadway with an approximate 30-foot-wide
pavement within an approximately 50-foot right-of-way in this area. According to the
General Plan, Mamalahoa Highway is designated as a secondary arterial road and thus
shall be improved to the required standard with an 80-foot right-of-way. Condition E of
the subject ordinance requires the applicant to provide a 15-foot-wide future road
widening setback along the property's entire Mamalahoa Highway frontage. Finally, to
comply with connectivity requirements articulated in the subdivision code, Condition F
of the subject ordinance requires the applicant to provide a 50-foot roadway and utility
easement for the future extension of Hauhoa Street to the western boundary of the
property.
24. Water: According to the Department of Water Supply (DWS), water can be made
available from an existing 6-inch waterline within Mamalahoa Highway fronting the
subject parcel. By letter dated May 17, 2021 (included as Exhibit C in the application),
DWS has confirmed that the applicant has paid the necessary water commitment deposit
and was granted the water commitment through January 31, 2022. According to that
letter, DWS requires the applicant to complete the following: 1) construct necessary
water system improvements, including,but not be limited to installation of a service
lateral that will accommodate a 5/8-inch meter to front the additional lots; 2) subject to
other agencies' requirements to construct improvements within the road right of-way
fronting the property affected by the proposed development, the applicant shall be
responsible for the relocation and adjustment of the Department's affected water system
facilities, should they be necessary; and 3)remit the prevailing facilities charges.
25. Wastewater: As there is no municipal sewer system in the area,wastewater will be
disposed of via individual wastewater systems,meeting the requirements of the State
Department of Health.
26. Solid Waste There are no municipal waste collection services in the County. All solid
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waste generated by the development will require private disposal at an approved transfer
station or landfill.
27. Essential Utilities and Services: Utilities are available to the property. The closest
police and fire stations are located in Waimea, approximately three (3)miles from the
property.
AGENCIES' COMMENTS
28. Department of Water Supply: Planning Department Exhibit 3 -July 21,2021,letter
29. Department of Land and Natural Resources —State Historic Preservation Division:
Planning Department Exhibit 4—August 4,2021,letter
AGENCIES -NO COMMENTS OR OBJECTIONS
30. Department of Public Works—Engineering Division, Police Department, Department of
Environmental Management—Solid Waste Division and Wastewater Division,
Department of Health, Department of Land and Natural Resources—Engineering
Division and Land Division
AGENCIES/ORGANIZATIONS -NO RESPONSES
31. Fire Department, Waimea Community Association
APPLICANT'S RESPONSE TO AGENCIES' COMMENTS
32. Applicant's Response to Agency Comments: Planning Department Exhibit 5 —
September 18,2021,letter
PUBLIC COMMENTS
33. As of the date of this writing, the Planning Department has not received any public
testimony relating to this application.
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miff SidneyFuke, Planning Consultant
100 Pauahi Street,Suite 212-Hilo,Hawai'i 96720 -Planning-Variance-Zoning
Te(ephone:(808)969-1522 Cell:{808}989-0640 -Subdivision-Land Use Permits
AWW E-mail:sidfuke@hawaiiantel.net -Environmental Reports
June 29, 2021
COH PLANNING DEPT
Mr. Zendo Kern, Director JUN 30 2021 AM9:53
Planning Department RECD HAND DELIVERED
COUNTY OF HAWAII
141 Pauahi Street
Hilo, HI 96720
Dear Mr. Kern:
Subject: Time Extension Request—Cynthia Foster
Ordinance No. 1173 (REZ 11-400136)
Pu'ukapu, South Kohala,Hawaii TMK: 64-017: 442
Transmitted herewith is a request to amend the subject ordinance by granting a time
extension to secure final subdivision approval. The transmittal includes the original and 20
copies of a report detailing and justifying the request, letter of authorization, $250 filing fee,
surrounding property owner list, and real property tax clearance.
In summary,the rezoning of 17+acre area into Agricultural (A-5a)became effective on
September 2, 2011. The request was to allow the subdivision of the site into three (3) 5+acre
lots for the applicant's family. Condition C required securing final subdivision approval within
five (5)years (September 2, 2416). An administrative time extension to September 2, 2021,was
granted.
As will be detailed in the attached report,the responsibility to complete the subdivision
was delegated to a family member who was pre-occupied with their coffee farm. Subsequent to
the administrative time extension,the surveyor relocated, resulting in the need to find a new
surveyor. Within the past year,much has been done in the way of being current with the water
commitment fee and securing tentative subdivision approval. However, given the need for
construction plan associated with the project, the applicant will not be able to complete it before
the deadline. And that is the basis for the extension request.
Should you have any questions on this matter,please feel free to contact me. Thank you
very much!
Sincerely,
SIDNEY . UKE
Planning Consultant
Enclosures
Copy—Cynthis Foster wl enclosures via erp4il
Planning Dept. 14 2 i d 5
Exhibit __ 'I
REZONING (ORDINANCE NO. 11 73)TIME EXTENSION REQUEST
CYNTHIA FOSTER
PU`UKAPU,SOUTH KOHALA,HAWAII,TMK: 6-4-017: 042
I. GENERAL BACKGROUND
On September 2,2011,Ordinance No. 11 73 rezoned a 17+ acre parcel from
Agriculture (A-40a)to Agriculture (A-5a) (Exhibit A)This enabled Cynthia Foster,
("Applicant")to proceed with her plans to subdivide the 17+acre parcel into three
(3) lots,retaining two (2) for her family,while selling the other lot to help defray
the subdivision cost, particularly the water line improvements_ That was and
although plans may change due to the Applicant's health,that continues to be her
primary objective.
The: subject site fronts the north side of the Mamalahoa Highway. Adjacent and
east of the subject property is a 43.88-acre parcel that was rezoned into the A-5a
district on December 27, 2005 (Ord. No. 05-169) and subdivided into eight(8) 5+
acre lots. The Hoonani Subdivision is located immediately east of the 8-lot
subdivision. (See Figure 1)
While efforts were made to comply with the subdivision requirements before
September 1, 2016,such as payment of the water commitment fee,the Applicant
realized that the deadline could not be met. As such, it requested, and the Planning
Director granted an administrative extension to September 1, 2421. (Exhibit B)
In the meantime, due to the out-of-state relocation of the former surveyor,the
Applicant had to retain a new one to prepare the appropriate subdivision map. As
will be discussed in detail below, in spite of efforts to complete it before the
deadline, there are still too many remaining steps required before final subdivision
approval can be secured. As such,the Applicant is seeking additional time to
complete the subdivision.
II. NATURE OF REQUEST
The Applicant wishes to proceed with the development of this site in accordance
with the current zoning and conditions. However,as will be discussed below,in
spite of reasonable efforts taken to date,the Applicant will not be in a position to
complete the subdivision by the due date of September 1, 2021. Accordingly,the
Applicant is requesting a time extension,beginning the effective date of the
rezoning amendment,of an additional five(5)years to complete the
subdivision.
III. REZONING CONDITIONS
As noted earlier,the subject area was initially rezoned into the A-5a district on
September 1, 2011, subject to a number of conditions. (Exhibit A)In a letter,dated
February 25,2019, an administrative time extension for completion of the project
I
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LOCATION MAP- (TMK: 6-4-017: 042)
CYNTHIA FOSTER
FIGURE T
was granted to September 1,2021 (Exhibit B)This section will cover the status of
the various conditions of the rezoning ordinance.
A. The applicant, its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
The Applicant is still the landowner and intends to comply with these conditions
B. The applicant shall submit the required water commitment payment to the
Department of Water Supply.
This was timely secured and is current to January 31, 2022, based on a May 17,
2021 letter from the DWS (Exhibit C)
C. Final subdivision approval shall be secured within five (5)years from the
effective date of the ordinance.
A time extension was requested and approved, making the compliance date,
September-1, 2021. However, in spite of concerted efforts to meet this deadline,
a combination offactors made it difficult to achieve.
For one, much of the task to process the subdivision was deferred to one of the
Applicant's family who has a thriving coffee farm in Kona. That preoccupied
much of its time, resulting in some delay.
Then, too, the former surveyor suddenly moved out-of-state, and the Applicant
was regrettably forced to find another surveyor to assume the task Finding
another surveyor and having the surveyor do the required task took some time.
This was made even more difficult due to the pandemic, which started during
the latter part of 2019. Wes Thomas Associates was finally retained, beginning
May 2020.
The preliminary subdivision map (Exhibit D)application was thenfled on
August 19, 2020, and the Planning Department acknowledged its receipt on
September 14, 2020. Tentative Subdivision Approval was issued on November
27, 2020. (Exhibit E)Since then, the Applicant and its consultants have been
busy addressing the conditions, which include doing the engineering and design
workfor the driveway and water meter installation. The plans are still being
worked on by the engineer and should be submitted for County review and
approval in a few months.
Understandably, only after the plans have been approved and the approved
infrastructure implemented will this condition be deemed complied with. Other
subdivision conditions such as f nal plat reap and staking will occur subsequent
to completion of the required infrastructure improvements. Accordingly, while
close, it would not be possible to have the requirements completed within the
2
next few months. ff anything, given how busy contractors and the processing
time, the Applicant anticipates no earlier than the end of 2022.
D. Only one driveway connection to the Mamalahoa Highway shall be allowed,
with any additional lots coming from a private road/access within the project
site.
This has and continues to be addressed in the subdivision plan (Exhibit D) i7nd
implemented in conjunction with the subdivision approval process.
E. A 15-foot wide future road widening setback along the property's Mamalahoa
Highway frontage shall be established.
This is already reflected in the proposed subdivision map. (Exhibit D)
F. A 50-foot wide road/utility easement to accommodate the future extension of
Hauhoa Street shall be established.
This is reflected in the proposed subdivision map. (Exhibit D)
G. Restrictive covenants shall be on the deeds relating to the one dwelling
limitation and the prohibition of condominium property regime.
A draft of this prohibition will be submitted to the PIanning Department for
reviewlapproval prior to the issuance of final subdivision approval.
H. Project generated drainage shall be contained on-site.
The appropriate site drainage plan is now being worked on by the Applicant's
engineer and will be submitted to the Department of Public Works for
reviewlapproval during the subdivision approval process.
I. Wastewater requirements shall meet with the requirements of the State
Department of Health.
This will be done by the individual lot owners during the building permit
process. Based on prevailing regulations, it would be a septic system.
J. Should any inadvertent archaeological remains be discovered, SHPD shall be
noticed and work in that area will cease.
This will be complied with.
K. The applicant shall comply with all applicable County, State and Federal laws.
Notwithstanding this condition, the applicant must and will comply.
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L. An annual progress report shall be submitted.
The last annual report was timely filed, and the Department acknowledged its
acceptance on July 29, 2020. The Applicant intends to fide the reports until the
project has been completed.
M. This discusses the time extension option.
As noted earlier, a time extension was requested and approved Inasmuch as
the Applicant cannot complete the project before September 1, 2021, it is
requesting an extension, a process will require County Council review and
approval. This is the purpose of this application.
IV. RESTATEMENT OF REQUEST
Condition C required completion of the project within five (5)years from the
effective date (September 1, 2011)of the request and, if needed,an initial extension
(September 1,2021). This condition cannot be complied with before September 1,
2021.
As such,the Applicant is requesting a 5-year time extension from the effective date
of the amended rezoning ordinance to complete the project.
V. JUSTIFICATION OF REQUESTS
Condition M of the rezoning ordinance (Ord. 11 73)outlined three (3) criteria
whereby a time extension may be considered. These criteria and their justification
for both extension requests follow.
A. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns, and
that are not the result of their fault or negligence.
As noted earlier,the Applicant had entrusted the responsibility to subdivide to
a family member. Unfortunately, the family member was consumed with its
coffee farm,resulting in the need for the initial administrative time extension.
Since then,however,the family member retained the services of a surveyor
and continued to make its water commitment deposit.
Regrettably, the surveyor moved, and the family member began its search for
a new surveyor. In spite of the Covid-19 pandemic, Wes Thomas Associates
was retained, and the project gained steam. The proposed subdivision map
was prepared, and tentative approval was secured on November 27, 2020.
An engineer(Inaba Engineering, Inc.) was then retained to prepare the
appropriate construction plans. Those plans are currently being developed.
4
Understandably,while well-intentioned—as evidenced by the efforts made in
being current on the water commitment fees and retaining a surveyor and
engineer - the project will not be able to be completed within the allotted time.
B. Granting of'the time extension would not be contrary to the General flan or
Zoning Code.
It should be noted that since the site was rezoned, there has not been any
significant land use regulatory change in this area. The South Kohala
Community Development Plan has not been amended. Further,the County
General Plan has also not been amended.
The proposed request is not contrary to the General Plan's Land Use Pattern
Allocation Guide (LUPAG)Map that defines the rear or northern portion of
the site Extensive Agriculture and the front 113 Important Agriculture. The
current designation on the LUPAG map is the same as when the subject
property was initially rezoned A-5a.
Retaining the existing A-5a zoning would also be consistent with the goals,
policies,and standards of the General Plan document.
For one, it may provide limited short-term economic opportunities largely
through the construction of any improvements required for the subdivision.
More importantly,however, longer-term opportunities would be created
largely in the form of family-oriented truck farms. In so doing, the resultant
project should add revenues to the County and State coffers.
The project intends to be energy conscious through the use and/or
encouragement of solar energy and design features to take advantage of the
natural elements. Green waste would be used on site.
Maintaining and improving the quality of the environment is important to the
success of this project. The General Plan identifies five (5) areas of
environmental concerns - air pollution, water quality, soil pollution. solid
waste disposal, and noise pollution. As proposed, the project would not be
violative of any of those objectives.
Aside from vehicular and farm equipment transmission, air pollution
associated with the project should be negligible. All wastewater systems
would be consistent with the requirement of the State Department of Health.
This should be sufficient to address any potential groundwater or coastal
water impacts.
The Applicant will have lot owners practice waste conservation measures,
largely through the retention of green wastes for composting. The project will
5
also not be a noisy one,except as may be associated with a typical residence
and the agricultural operations. Any noise-generating facility - such as
generators -would be carefully placed to minimize their noise impacts to
adjoining properties. Further, it is unlikely that this site would be used as a
processing plant, as it would be more economical to send the grown products
elsewhere.
The project area is outside of any officially designated floodway.
Nonetheless, a drainage system will be designed in a manner to protect the
property as well as to minimize the volume of surface runoff generated by this
development. This may be also accomplished through having an approved
SCS agricultural conservation plan.
As the site has been fully improved in the past, it would not appear to have
any archaeological sites. Nonetheless, work will cease if unanticipated
archaeological remains are discovered while continuing its farming
operations. Work will resume only after proper clearances from the State
and/or County have been received.
Being fully disturbed, the prospects of the site serving as a habitat for rare or
endangered plant or animal life appear remote.
As the A-5a zoning would allow a farm dwelling,the project will indirectly
fulfill the objectives of the housing element by creating additional lots. Even
if only the potential for two (2)more lots would be realized,the project would
still provide lots while enhancing the site's agricultural potential.
The Plan also emphasizes that developments be mindful of an area's natural
beauty. In this situation, the project has been used in a manner where it
blends with the existing terrain. Furthermore, the project should create no
adverse visual impacts to Mauna Kea or Waipio Valley from the Belt
Highway.
As the project site is about eight(8) miles from the ocean,the usual coastal
resources concern is absent or not pronounced. There will be no interference
with shoreline access. Then,too,through the use of a DOH-approved
wastewater system, impacts to the coastal water will be minimized.
There will be little impact to public facilities. The wastewater will be private.
The applicant will construct the water and road systems. Schools and other
public facilities are also located proximate to the site,most of them being less
than two (2) miles away in the town of Waimea.
In terms of the Land Use and Agricultural elements,the pertinent goals,
policies,and standards of the General Plan note the following:
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Goals
■ Designate and allocate land uses in appropriate proportions and mix
and in keeping with the social, cultural and physical environments of
the County.
■ Protect and encourage the intensive and extensive utilization of the
County's important agricultural lands.
• Preserve the agricultural character of the island.
• Preserve and enhance opportunities for the expansion of Hawaii's
Agricultural Industry.
• Assist in the development of agriculture.
■ Encourage other compatible economic uses that complement existing
agricultural and pastoral activities.
• Encourage the development and maintenance of communities meeting
the needs of its residents in balance with the physical and social
environment
• 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
• The compatibility of agricultural and non-agricultural uses should be
carefully reviewed and where appropriate,buffers required
• Rural-style residential-agricultural developments, such as new small-
scale rural communities or extensions of existing rural communities,
shall be encouraged in appropriate locations
• Agricultural land may be used as one form of open space or green belt
Finally, the General Plan's Courses of Action for the District of South Kohala
notes the following:
Economic
• The County shall assist the further development of agriculture in the area
Land Use—A riculture
+ Encourage large landowners to make agricultural lands available for
agriculture.
In view of the foregoing goals, policies, and courses of action,the requested
zoning would not only be consistent with the General Plan LUPAG map
designations of Extensive Agricultural and Important Agricultural Land
designations of the LUPAG map,but its goals,policies, and objectives.
It would be compatible with the surrounding area. There are agriculturally
zoned properties adjacent and proximate to the subject site. The project
would still maintain the agricultural character of this general area, albeit in a
more intensive manner.
The soil of the site is classified "C" or fair. The project will result in the
further development of the site's agricultural resource and its eventual
productive agricultural uses. This project should thus result in the more
intensive agricultural use of the site.
The property has no severe topographic or geologic problems that would
render the land unusable for the proposed subdivision and activity.
C. Granting of the time extension would not be contrary to the original reasons
for the granting of the change of zone.
The reasons for approving the rezoning of this site were articulated in the
Planning Commission's recommendation to the County Council (Exhibit F).
The reasons, in summary, and their relationship to the present, included:
Consistency with the County General Plan LUPAG map and Goals and
Policies.
• Furtherance of the goal in making the property more conducive for small
scale agricultural uses, especially for family members.
• Consistency with the South Kohala Community Development Plan
• Fostering appropriate land use pattern in this area
■ Not burdening public agencies to provide utilities and services to the
property
■ Consistency with the Coastal Zone Management
It is thus maintained that the reasons used to support the existing A-5a zoning
still apply to the requested time extension. The request is also consistent with
the concurrency provision outlined in Section 25-2-46.
8
Relative to traffic,the concurrency provision requires a Traffic Impact
Analysis Report(TIAR) if more than fifty (50)trips are generated by a project
during the peak hours. In this situation,the proposed subdivision will result in
only two(2)more lots.
County water for the project is still available, and the Applicant is current on
its water commitment deposit.
As such, approval of this request should not be incongruous with the
concurrency provision of the Zoning Code.
It is thus maintained that the reasons used to support the existing rezoning also
apply to the requested time extensions. As such,the Applicant respectfully requests your
favorable consideration of this time extension request.
9
COUNTY OF HAWAII STATE OF HAWAF1
BILL NO. 66
ORDINANCE NO. 73 (DWT 2)
AN ORDINANCE AMENDING SECTION 25-8-11 (LALAMILO-PUUKAPU ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE)OF THE HAWAII COUNTY CODE 1983
(2405 EDITION),BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL—FORTY ACRES(A-40a)TO AGRICULTURAL—FINE ACRES (A-5a)
AT PU`UKAPUU,SOUTH KOHALA DISTRICT,HAWAII,COVERED BY TAX MAP KEY:
6-4-017:042.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Section 25-8-11,Article 8, Chapter 25 (Zoning Code)of the Hawaii
County Code 1983 (2005 Edition), is amended to change the district classification of property
described hereinafter as follows:
The district classification of the following area situated at Pu'ukapu, South
Kohala District, Hawaii, shall be Agricultural—Five Acres(A-5a):
Beginning at a pipe at the Southeast corner of this parcel of land,on the Northerly
side of Matnalahoa Highway,the coordinates of which referred to Government Survey
Triangulation Station"EAST BASE"being 6046.70 feet North and 786.60 feet East then
running by azimuths measured clockwise from True South:
1. 76° 58' 149.90 feet along the Northerly side of Mamalahoa
Highway;
2. 166' 10' 1162.38 feet along the remainder of Grant 6857 to
John Cheseboro;
3. 76` 58' 149.90 feet along the remainder of Grant 6857 to
John Cheseboro;
4. 166' 10' 2014.62 feet along the remainder of Grant 5857 to
John Chvsvboro to Gencral Lease 3362 to
Anna L. Perry—Fiske;
S. 256' la' 299.80 feet along General Lease 3362 to Anna L.
Perry—Fiske to Grant 7222 to Frances
S.E.S.Kaaua;
EXHIBIT A
6. 346° 10' 31 S 1.20 feet along Grant 7222 to Frances S.E.S.
Kaaua to Point of Beginning and containing
17.88 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,Hawaii County Code 1983 (2405
Edition),the County Council finds the following conditions are:
Necessary to prevent circumstances which may be adverse to the public health,safety
and welfare; or
(1) Reasonably conceived to Mfill 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.
A. The applicant, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. The applicant shall submit the required water commitment payment to the
Department of Water Supply in accordance with its "Water Commitment
Guidelines Policy" within ninety(90)days from the effective slate of this change
of Lone.
C. Final Subdivision Approval shall be secured within five(5)years from the
effective date of this ordinance.
D. The driveway connection to the Mamalahoa Highway shall conform to
Chapter 22, Streets, of the Hawaii County Code. No more than one lot will be
permitted to have a driveway taking direct access from the Mamalahoa Highway.
All other proposed lots shall be provided with access via a subdivision roadway
-2-
that meets the minimum requirements of Chapter 23, Subdivisions,Hawaii
County Code and constructed in a manner meeting with the approval of the
Department of Public Works.
E. The applicant shall provide a 15-foot wide future road widening setback along the
entire property frontage of Mamalahoa Highway,
F. The applicant shall provide a 50-foot roadway and utility easement for the future
extension of Hauhoa Street to the western boundary of the property(adjoining
TMK: 6-4-017:43).
G. Restrictive covenants in the deeds of all the proposed lots shall give notice that
the terms of the zoning ordinance prohibit the construction of a second dwelling
unit and condominium property regimes on each lot. This restriction may be
removed by amendment of this ordinance by the County Council, The owners of
the property may also impose private covenants restricting the number of
dwellings. A copy of the proposed covenant(s)to be recorded with the State of
Hawaii Bureau of Conveyances shall be submitted to the Planning Director for
review and approval prior to the issuance of Final Subdivision Approval. A copy
of the recorded document shall be filed with the Planning Department upon its
receipt from the Bureau of Conveyances.
H. All development generated runoff shall be disposed of on-site and not be directed
toward any adjacent properties.A drainage study,including proposed on-site
drainage improvements which may include pervious or porous asphalt,shall be
prepared by a licensed civil engineer and submitted to and approved by the
Department of Public Works prior to or in conjunction with any building permit
or land disturbancc parrnit, Any tvgv rncaJi:d drainagc improvements, if
required,shalt be constructed meeting with the approval of the Department of
Public works prior to receipt of final occupancy or certificate of occupancy
permit, as the case may be.
-3-
1. The method of sewage disposal shall meet with the requirements of the State
Department of Health.
J. Should any remains of historic sites, such as rock walls,terraces,platforms,
marine shell concentrations or human burials be encountered,work in the
immediate area shall cease and the Department of Land and Natural Resources—
State Historic Preservation Division(DLNR-HPD)shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from DLNR-
HPD when it finds that sufficient mitigation measures have been taken.
K. The applicant shall comply with all applicable County, State and Federal Laws,
rules,regulations and requirements.
L. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of enactment of the ordinance. The report shall include,but not
be limited to,the status of the development and the extent to which the conditions
of approval have been satisfied. This condition shall remain in effect until all of
the conditions of approval have been satisfied and the Planning Director
acknowledges that further reports are not required.
M. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
I. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns,
and that are not the result of their fault or negligence.
I Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
-4-
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed within
one year may be extended for up to one additional year).
5. If the applicant should require an additional extension of time,the
Planning Department shall submit the applicant's request to the County
Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
fashion,the Planning Director may initiate rezoning of the area to its original or
more appropriate designation.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL UN Y OF KA AI`I
Kona ,Hawai`i
Date of Introduction: August 3, 2011
Date of 1 st Reading: August 3, 2011
Date of 2nd Reading: August: 17, 2011
Effective Date: September 1, 2011
ItEFERE-MICE Comm. 257.2
-5-
A-la
R-a
- 1a
- }il
AT
1
AGRICULTURAL-FORTY ACRES[A406] .
TO AMCULTURAL.FIVE ACRES JA-U) -
17.88 ACRES TOTAL
A-5a a
- -1a A-1
A 1a A-4-0a A a
r
-la
7a
A- A a
N •,a
sD467vu
Asa=
'fnsva+5a:
A-40
A- a
Feet
0 250 500 1,000 1,500 2,000 2,500
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-11 (LALAMILO-PUUKAPU ZONE MAP) ARTICLE S.
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL- FORTY ACRES (A-40a)TO AGRICULTURAL- FIVE ACRES (A-5a)
AT PU-UKAPU, SOUTH KOHALA DISTRICT, HAWAII
MAP PREPARED BY-
COUNTY OF HAWAII, PLANNING DEPARTMENT
TMK:6-4-017:042 DATE:Fob-08,2011
EXHIBIT"A" Cynthia FOStar
Map 1307
OFFICE OF THE COUNTY CLERK �•,
County of Hawaii
Kona,Hawaii
{Draft 2} c~ '
Introduced By: Pete Hoffmann ROLL C L,.VOTE
Date Introduced: August 3, 2 011 AYES . `,'ABS•:1'.�I EX
First Reading: August 3, 3011 Blas x
Published: N/A Ford x
Hoffmann x
REAY4 R.lf 4. Ikeda x
Onishi X
Pilago X
Smart x
Yagong x
Yoshimato x
Second Reading: August 17, 2011
To Mayor: August 26, 2011
Returned: September 1,, 2011 ROLL CALL VOTE
Effective: Se AYES NOES ABS EX
Published: September 16,, 2011 Sias x
Ford x
REMARKS: Hoffmann x
Ikeda x
Onishi x
Pilago K
Smart x
Yagong x
Yoshimoto x
8 0 1 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted b Me County Council published as
indicated above.
APPROVED AS TO y^.�
F 1 AND LE L_ITY:
Kr�� 'UUNCIL CHAT P N
C'EPqTY CORPORATION UNSEL. �j ,
COUNTY OF HAWAf`1
Date
A U G 2 9 2011 NTY CLERIC
E3ifi Na.:
56 (Draft 2)
=App,,,,:dlD>pproved this_ i dQy
Reference: C-257.2/PC-26
�� 7� Yl Ord No.: 11 73
MAYOR, UVTYOFHAWAI'I
Harry Kim ",% of"'' Michael Yee
Mawr � Director
- Duane Kanuha
Deputy Director
West Hawaii Office East Hawaii Office
74-5044 Arae Keohokalole Hwy • • 101 Pauahi Street,Suite 3
Kailua-Kona,Hawai'i 95740 County of Hawaii Hilo,Hawaii 96720
Phone(808)323-4770 Phone(808)961-8288
Fax(808)327-3553 PLANNING DEPARTMENT Fax(808)961-8742.
February 25, 2019
Mr. Sidney Fuke, Planning Consultant
100 Pauahi Street, Suite 212
Hilo, HI 96720
Dear Mr. Fuke:
Change of Zone Ordinance No. 1173 (REZ 11-000136)
Applicant: Cynthia Foster
Request: A-40a to A-5a
Subject: Administrative Time Extension for Condition D
TMK: 6-4-017:042
This is to acknowledge receipt of your letter dated February 4, 2019, requesting an
administrative time extension to comply with Condition D (Time to Secure Final Subdivision
Approval) of Change of Zone Ordinance No. 1173. Condition M allows for an administrative
time extension for a period not to exceed the period originally granted. Based on the reasons
within your letter, we will grant a 5-year time extension to September 1, 2021 to comply with
Condition D.
Please be informed, however, should you need an additional extension of time to comply with
Condition D, your request and reasons, along with 20 copies of that request shall be forwarded to
the Planning Commission with a$250 filing fee. A public hearing will be held by the Planning
Commission, who will forward their recommendation to the County Council.
In reviewing our files, we have not received an annual progress report for this project. Condition
L requires that an annual progress report be submitted to the Planning Director prior to the
anniversary date of the Change of Zone, which is September I". We are requesting that-you
submit an updated annual progress report for the project. Please address each condition
separately and specifically. In reference to conditions that have been complied with, please
include specific references to actions, reports, letters and dates.
wwrv.hinlanningdept.com Hawaii County is an Equal Opporhmity Provider and EmploWr planning urawancoun1y.eov
EXHIBIT B
Mr. Sidney Fuke, Planning Consultant
Page 2
February 25, 2019
If you have any questions, please feel free to contact Jeff Darrow at 961-8158.
Sincerely,
MICHAEL YEE
Planning Director
JWD:mad
?.',.pub I iclmpw in6O\J eff%etters:Mme Ex6LFukrAdminTER-Condd-REZI 1-136Am
DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWA161
345 KEKUANA5'ASTREET, SUITE 20 • HIL,D, HAWAII 96720
TELEPHONE(808)961-8050 • FAX(808)961-8657
May 17,2021
Ms.Chrystal Thomas Yamasaki,LPLS
Wes Thomas Associates
75-5749 Kalawa Street, Suite 201 MAY 4: tl 2021
Kailua-Kona,HI 96740
Dear Ms.Yamasaki: WES THOMAS MSOCIAT S
Subject: Water Commitment Deposit Time Extension Wy
Applicant: Foster,Cynthia C. 1POSMl
Tax Map Key 6-4-417:042(SUE 20-001977)
This is to acknowledge receipt of the required$300.00 water commitment deposit for the subject application.
We are enclosing Receipt No.4709582 for your files.
Pursuant to Rule 5 of the Department's Rules and Regulations,a water commitment for the proposed
development in the amount of 800 gallons per day,or two(2)additional units of water at an average of
400 gallons per day,per unit, is hereby granted until January 31,2022,with the following conditions:
1. Construct necessary water system improvements,which shall include,but not be limited to:
a. installation of a service lateral that will accommodate a 518-inch meter to front the additional lot,and
b. subject to other agencies'requirements to construct improvements within the road right-of-way
fronting the property affected by the proposed development,the applicant shall be responsible for
the relocation and adjustment of the Department's affected water system facilities,should they be
necessary.
Submit service lateral installation plans prepared by a professional engineer or licensed surveyor,
registered in the State of Hawaii,for review and approval.
2. Remit the prevailing facilities charge,which is subject to change, as shown below:
FACILITIES CHARGE(FC):
One(1)existing service 0.00
Two 2 additional units 5 095.00/unit $12,190.00
Total Facilities Charge $12,190.00
WATER COMMITMENT DEPOSIT CREDIT(WCD):
Two(2)additional units @.$150.00/unit,paid eight(8)times ($2,400.00)
Facilities Charge Balance $9,790.00
. . . Water, Our Most{Precious WSsource. . . xia WWai A Kgne. . .
The Department of Water Supply is an Equal Opportunity provider and employer.
EXHIBIT C
Ms. Chrystal Thomas Yamasaki, LPLS
Page 2
May 17,2021
These are due and payable upon completion of the installation of the required water system
improvements and prior to final subdivision approval being granted.
For your information,water commitment deposits are credited towards the final facilities requirement
For the development. Note that the amount of water commitment deposit may exceed the prevailing
facilities charge amou:it;for example,when requests for time extensions continue and are approved.
Until the development is finally completed,these are separate and unrelated items. In the event that
water commitment deposits exceed the facilities charge,no refunds are applicable.
3. Comply with all other applicable policies and requirements of the Department's Rules and Regulations.
Noncompliance may be cause for voiding this water commitment,at which time availability will be
subject to change in accordance with prevailing water system conditions,policies,and Rules and
Regulations.
Should there be any questions,please contact Mr.Troy Samura of our dater Resources and Planning Branch at
961-8670,extension 255.
Sincerely yours,
WMWO
Keith K. Okamoto, Y.L.
Manager-Chief Engineer
TS;dfg
Enc.
copy— Planning Department
Ms.Cynthia C. Foster
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EXHIBIT D
r mem- rwry �_ ., y • k c n M
Harry Kim �`Y°•`"*
Micha
Ilia
Roy'rakemoto April Su.
dfarraging!lire rrru �. dcrrrrg Uryn.,
west lh,wai'i oiricc East}iaw.ri-;
74-5044 A,k KeuhnkaMle Hwy 101 Pauahi St1w,
KaiIna-Ko na,ILawai'i 96740 County of Hawaii Hilo,llawai'
Phone(908)323-4770 PanIle{80819(1
Pax(8018)327-3563 PLANNING DEPARTMENT rax(finis)96
November 27, 2020
Chrystal Thomas Yamasaki,LPLS ffn@[E0W19
Wes Thomas Associates
75-5749 Kalawa Street UU
Kailua-Kona,HI 9674.0-1818 DEC 2 202020
ZL
Dear Ms.Yarnasaid: 9 I `r
TENTATIVE APPROVAL WES THOMAS ASSOCIATES
SUBDIVIDER: FOSTER,Cynthia C.
Proposed Subdivision of A Portion of Lot 99, Pu'ukapu Homesteads,Second Series
Also Being a Portion of Grant 6857,
Into Lots 1,2,and 3,
Pu'ukapu,Waimea,South Kohala, Island of Hawaii, Hawai'i
M 3 6- _ 77
Please be informed that Tentative Approval of the preliminary plat map dated August 19,
2020, is hereby granted with modifications and conditions.
This application is being processed pursuant to Change of zone Ordinance No.20-073
(REZ-11-000136). The subdivider is remilid ed that compliance with all conditions of
approval is required. You are reminded that the deadline to comply with Condition C
(construction timeline) is September 1, 2021, If the project is not completed as of this dat
you will need to request a time extension amendment from the Planning Commission and
the Hawaii County Council.
The subdividers are now authorized to prepare detailed drawings of the subdivision plan
in accordance with Chapter 23,Subdivision Control Code,County of Hawaii,as modified.
Before final approval can be granted,the following conditions must be met:
1) Water System
a) Provide a water system meeting with the approval of the Department of Water
Supply(DWS).
b) Submit water system construction plans For approval by affected agencies.
C) Pay installation and facilities charges as required by the DWS.
u ww. L1fflML„1g „ty� It"a0 C'unrrfv is au Egiial oppartu+rres'Prot-Ider filler F.inplo,•rr pl inn gG li�w;sii 10ly.g
EXHIBIT E
Chrystal Thomas Yamasaki, LPLS
Wes'Phomas Associates
November 27, 2020
Page 2
2) Drainage,
a) Identify all watercourses and drainage ways anti encumber with drainage
easements.
b) Portions of the subdivision it re located within Zone AE,AI;F,and XS according to t
current Flood Insurance Rate Map (FIRM) by the Federal Emergency Management
Agency(FEMA).
c) Identify the Zone AE,AEF,and XS boundaries and base Flood elevations on the fins
plat map.
d) Identify any other watercourses or drainageways that are not designated as a FE IV
flood zone and encumber with drainage easements.
e) Any construction within the designated FEMA Flood zone shall comply with the
requirements of Chapter 27,Floodplain Management, of the Hawaii County code.
f] Additional storm runoff due to development shall be disposed within the
subdivision and shall not be discharged onto adjacent properties or roadways. F
planned drywelIs, satisfy Department ofHea[th (DOH) drywelI requirements,
including issuance o f a n underground injection control (U IC) permit to the
subdivider.
3) Access and Roadway Improvements
a) Per rezone ordinance 11-073,condition D,no more than one lot will be permitted
have a driveway taking direct access from the Mamalahoa Highway. All other
proposed lots shall be provided with access via a subdivision roadway that meets
the minimum requirements of Chapter 23, Hawai'i County Code. Therefore, For
side-lay-side poles of Lots 2 &3, provide reciprocal access&utility easements.
Construct minimum 20-footwide nondedicable agricultural pavements minimum
of fifty(S0) feet of the beginning of the common right-of-way conforming to
Department of Pubiic Works (DPW)Standard Detail (Std,flet.) R-25.
b) Submit construction plans and drainage report for review and comment,
c) Obtain FEMA Conditional Letter of Map Revision (CLOMR) prior to construction
plan approval.
d) Upon completion of construction,obtain FEMA LOMR as a condition of subd1vis!or
final approval,
4) Wastewater Improvements.
a) All wastewater-disposal shall comply with the rules and regulations of the State of
l4awai'i, Department of Health (DOH).
5) All easements affecting proposed lots shall be identified for its purpose and to which
proposed lots) and/or grantee(s) the easement is in favor of. This shall include
provision for the Hauhoa Street Extension through the property, This shall be shown
on the final plat map,
G) Property Tax Certification. Submit written proof that all taxes and assessments on thF
property are paid to date.
71 Surveyor's Certification. Place property markers in accordance with the final plat may
Surveyor shall submit certification upon completion.
8) Final Plat Map and Time Limit. Based on rezone ordinance deadlines,subdividers sha:
Chrystal Thomas Yamasalti, LPLS
Wes`1'honlas Associates
November 27, 2020
Page 3
complete all recluirements specified as conditions for tentative�tpprovitl of the
preliminary plat map on or before September 1, 2021 including the submittal of to
(10) copies of the Final plat map prepared in conformity with Chapter 23. if not,
tentative approval to the preliminary plat map shall be deemed null and void. only upon
subsequent amendment of the rezone ordinance can the director grant,if appropriate,an
extension of time to the subdividers for submittal of the final plat snap and/or completion of
tentative approval conditions, As part of Final plat map submittal,provide an additional
copy of the final plat map as a".dwg"or".&C'diskette file prepared by CAD software. I
the alternate,a digital copy of the final plat map may be e-mailed to the Tax Maps and
Records Supervisor at plan Iiin aw iiico rrf ov.
Please be aware that if at any time during the fulfillment of the foregoing conditions, shot
concerns ernerge such as environmental problems or other problems which were earlier
Overlooked or not anticipated/accounted for in data/reports available to date,this could
sufficient cause to immediately cease and desist from further activities on the proposed
subdivision,pending resolution of the problems. The Planning Director shall confer with
the listed officers to resolve the problems and notifyyou accordingly.
No final approval for recordation shall be granted until all the above conditions have heel
met.
Land shall not be offered For sale,lease or rent until final approval for recordation of the
subdivision is granted by the Planning Director or the proposed subdivision has been
issued a preliminary order of registration by the Department of Commerce and Consurner
Affairs (DCCA) in accordance with the requirements of Chapter 404, liawai'i Revised
Statutes (HRS).
There has been considerable legal controversy aver subdivisions in the agricultural distrix
including the 1 11 et al,v. 50 cean e Partners etal. Civil No.00-7-0192 K, Because
of the state of the law at this time,we recommend that subdividers in the State hand Use
Agricultural district consult with,and rely on, independent legal counsel in deciding
whether their subdivisions comply with the requirements of Chapter 205, HRS. We also
recommend that you advise fat purchasers to consult with,and to rely on, independent
legal counsel regarding permissible uses and the effect of[,and Use Commission Rule 15-
15-25(b),HRS Section 205-4.5,and Hawaii County Planning Department Rule No. 13,on
the regtrirements to build and occupy dwellings on lots within the subdivision.
Chrystal Thonnas Yamasald, LPLS
Wes Thomas Associates
November 27, 2020
Pagc 4
Should you have any gtiestions,please Feel free to con taet Hans Santiago at
bantL"'I m iicn�€ii y,gm!or Jonathan Hol:nes at jons>_tlta11.holinc.s(r)l1awai.i.,CA)uI ly.L'q
Sincerely,
MICHAI Y f
Planning Director
JRII:tb
%\a11133\p1nnning\puUlic\A(lmiii Permits Div€siul$\SllUdIviSfon�2020\202f]-4\SI1R-20-001477 Fuster'rA 1 1,27-70.d,,,
Enc.: PPM (08-06-20)
xc: Manager, DWS
Director, DPW
District Environmental Health Program Chief, DOH
Cynthia C. Foster
REZ-11-000136 (Orel. 11 473)
syr •�J�
1
�FnfKw
County of Hawai`i
LEEWARD PLAP MNG COMMISSION
Aupuni Center ■ 10 Pauahi Street,Suite 3 ■ Hilo,Hawaii 96720
Phone(848)961-8288 • Fax(808)961-8742
The Honorable Dominic Yagong, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Yagong and Council Members:
Change of Zone Application(RFZ 11-000136)
Applicant: Cynthia Foster
Request: A-40a to A-5a
Tax Map Key: 6-4-017:042
The Leeward Planning Commission, after a duly held public hearing on May 19, 2011, voted to
recommend for your approval the proposed legislative bill for a Change of Zone from
Agricultural 40-acres (A-40a)to Agricultural 5-acres(A-5a) for approximately 17.88 acres of
land. The property is located on the north side of Mamalahoa Highway, approximately 750 feet
west of the Mamalahoa Highway and Kipahele Street intersection,Pu`ukapu Homesteads,2nd
Series,Waimea, South Kohala,Hawai`i.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
The applicant is requesting a Change of Zone from Agricultural 40-acre(A-40a)
to Agricultural 5-acre(A-5a). The applicant intends to subdivide the property into three
(3) lots. The applicant plans to retain two (2) lots for her and her family and sell the
remaining lot to help pay for the infrastructure and related costs of the proposed
subdivision.
Subdivision improvements are estimated to cost approximately$304,000, which
is mainly for the water system and roadway improvements serving the proposed lots. The
applicant hopes to have the land subdivided before the end of 2011.
Hawai`i County is an Equal Opportunity Provider and Employer
EXHIBIT F
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 2
The property is approximately 17.$$ acres in size located near the 54-mile marker
on the Mamalahoa Highway in Waimea. The southern portion of the site is fairly flat,
with slopes ranging from two to five percent. The northern portion of the property has
slopes from two (2)to ten(10)percent. Elevation ranges from 2,940 to 3,000 feet. There
is an existing single family dwelling on the property that is located near the highway.
Surrounding properties are zoned Agricultural 40-acre(A-40a) to the north,west
and southeast across Mamalahoa Highway. The adjacent property to the east and
properties to the south across Mamalahoa Highway are zoned Agricultural 5-acre (A-5a).
The Hoonani Subdivision,consisting of I0,000-square foot residential lots, is located
approximately 500 feet to the east and zoned Agricultural 1-acre(A-la).
In order 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 be also considered as they may have an impact on similar areas in the
County.
The Change of Zone request from Agricultural 40-acre (A40a) to
Agricultural 5-acre(A-5a) conforms to, among others,the goals,policies and
standards of the General Plan Economic and Land Use Elements. 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 area is designated Extensive
Agriculture and Important Agricultural Land. Extensive Agriculture are those lands not
classified as Important Agricultural Land, and includes lands that are not capable of
producing sustained,high agricultural yields without the intensive application of modern
farming methods and technologies due to certain physical constraints such as soil
composition, slope,machine tillability and climate. Other less intensive agricultural uses
such as grazing and pasture may be included in the Extensive Agricultural category.
Important Agricultural Land(s) are those with better potential for sustained high
agricultural yields bccausc of soil typc, vlimatc, topography, or other factors.
The proposed Change of Zone will conform to, among others, the goals,policies
and standards of the Land Use and Economic General Plan Elements:
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 3
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.
■ 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.
Economic
* Provide residents with opportunities to improve their quality of life through
economic development that enhances the County's natural and social
environments.
■ Economic development and improvement shall be in balance with the physical,
social and cultural environments of the island of Hawaii.
■ Provide an economic environment that allows new, expanded, or improved
economic opportunities that are compatible with the County's cultural, natural and
social environment.
The major concern in allowing a rezoning of agricultural land that creates smaller
lot sizes is that this will reduce the potential use of the land for commercial agriculture by
fragmenting the land into areas too small to be farmed on a commercial scale. While a
few crops can be intensively cultivated on very small acreages, usually these crops have a
very limited market. Reducing the size of the lots can reduce the range of potential
agricultural uses and the range of market opportunities for those crops. At the same time,
a strong demand exists in the real estate market for lots in agricultural areas by purchasers
who are interested in large-lot residential homesites or for speculation. The desire for
these"gentleman's estates"tends to drive up the price of agricultural land making it less
affordable for commercial farmers.
Most agricultural rezonings in Hawaii County in the last twenty years have
resulted in subdivisions where the primary use is residential,not agricultural. For the:
most part, these rezonings did not occur on prime agricultural land or on what is now
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 4
termed"Important Agricultural Land"in the General Plan. The predominant zoning of
agricultural lands along the Harnakua coast, extending to Waimea, is A-40a. There will
be considerable interest by landowners to rezone and reduce the minimum lot sizes
because the biggest value is the ability to build a home. The per-acre price is therefore
higher if the property can be sold in smaller lots. This desire to create smaller lots must
be handled very carefully because of the possible carving up of the land into
uneconomical units, and the increasing per-acre price.
The General Plan contains a policy for the protection of lands classified as
Important Agricultural Lands in Section 14.2.3(s): "Important agricultural lands shall not
be rezoned to parcel sizes too small to support economically viable farming units." This
policy applies to roughly the lower one-third of this property,where the applicant is
proposing to create one new lot after the rezoning. Five acres is the minimum at which a
range of crops can be grown on a commercial scale, and is sub-optimal for many crops.
While the rezoning application does not violate this policy, it is at the minimum that
could be consistent with the policy.
A number of factors tip the balance for this favorable recommendation. The
applicant wants to subdivide the property for her and her family. The area has not
historically been cultivated in crops,unlike the former cane lands and the vegetable
growing areas of Waimea. Additionally,the property can be supplied with water and
road access without significant infrastructure costs,which will be covered by the sale of
one of the lots created. It is a limited rezoning that does not greatly change the overall
land use pattern of the area as there are similar zoned areas to the east and south of the
property-
The Change of Zone request from Agricultural 40-acre(A-40a)to
Agricultural 5-acre(A-5a) is consistent with the applicable goals,policies and
standards of the South Kohala Community Development Plan. The South Kohala
Community Development Plan(SKCDP) was adopted by Ordinance No. 08 159 on
December 1, 2408. The project site is identified within an area identified in the plan for
the"Small Farms and Ranches Preservation Program"in the SKCDP(Figure 4.4-
Waimea Town Conceptual Plan).
There are five(5) overall Policies for Land Use in Waimea Town. These policies
ora to]-used as a lgng n4nsc plan(20-1- yQars) for the future of Waimoa. The KCy
element of the Waimea Town Plan is the"Responsible Growth"policy intended to
preserve Waimea's sense of place.
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 5
Waimea Policy No. 2 is"Responsible Growth", which is to be an overarching;
land use policy for Waimea. Adequate infrastructure, including roads,water supply,
electrical power,drainage structures, schools, and parks, shall be provided by public
and/or private entities before any large-scale new residential or commercial projects can
be considered for approval by the County.
There are several strategies to achieve the Responsible Growth policy for
Waimea. Strategy 2.1 states "The County should carefully evaluate and condition, as
appropriate, any rezoning that would negatively impact important agricultural lands or
culturally,visually and environmentally important open spaces or resources in Waimea."
Time will be needed to implement a number of important open space preservation
tools and programs, including acquisition of fee interest or conservation easements for
important pu'u and some of the East Waimea farm and ranch lots. While these tools and
programs are being put into place,private lands that are currently zoned A-5a,A-1Oa,A-
20a, or A-40a should retain their current zoning. Exceptions can be made for affordable
housing, agricultural cluster subdivisions, and small-scale rezonings of 4 lots or less that
may assist families in allowing their children to obtain individual properties. Given the
fact that this rezoning is less than 4 lots and is to assist in allowing the applicant's family
to obtain an individual property, the proposed request is consistent with the South Kohala
Community Development Plan.
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 an amendment initiated by a property owner or other person who proposes to
change the district classification of any property, the director shall also consider the
purposes of the existing and proposed district and the purposes of the Zoning Code and
shall recommend a change in a district boundary only where it would result in a more
appropriate land use pattern that will further the public necessity and convenience and the
general welfare.
In considering the purpose of the existing and the proposed district classification,
the request does not changing the district classification of the property,which remains
Agriculture,but seeks to change the minimum lot size from 40 acres (A-40a)to 5 acres
(A-5a). If approved, the approximately 17-acre property will be able to be subdivided
into 3 lots approximately 5 acres each in size. The zoned district classification will
remain Agriculture and the purposes of the existing district classification will remain the
same.
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 6
For the purpose of promoting health, safety,morals, 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. If approved, the
applicant could build additional dwellings on each newly created lot,resulting in an
increase in the overall unit density within the project site. The Planning Director supports
this rezoning request,but only on the condition of allowing one dwelling on each lot.
Therefore,a condition of approval will be included in the Change of Zone ordinance to
prohibit a second dwelling unit and/or a condominium property regime on each
subdivided lot.
In considering the request in relation to the surrounding zoning, the request will
result in an appropriate land use pattern. The property borders a larger property to the
east and is near properties to the south across Mamaiahoa Highway that are similarly
zoned A-5a,which allows for the same density as the proposed request.
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. Access to the lots is proposed to be from Mamalahoa
Highway, a County road with an approximate 20-foot wide pavement with grass
shoulders all within an approximately 50-foot right-of-way. According to the applicant,
two (2)of the proposed lots would secure their access via a 25-foot wide access easement
over the proposed lot fronting the Highway. This easement would have a 14-foot wide
pavement or possibly less, if a variance is secured. The applicant understands that the
Subdivision Code may calls for a 50-foot wide road with a 20-foot wide pavement but
states that such a requirement may be excessive to service only two (2)lots, as well as
may not be visually in keeping with the rural ambiance of the area. As such, the applicant
may seek a variance or relief from this requirement during the subdivision process. The
applicant also understands that if such a request is denied, they would abide by the
5ubdivlslon standards.
According to the General Plan, Mamalahoa Highway shall be improved to an 80-
foot right-of-way. A condition of approval will be added requiring the applicant to
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 7
provide a 15-foot wide future road widening setback along the entire subject property
frontage of Mamalahoa Highway, Additionally,a condition of approval will be added
requiring the applicant to create a 50-foot road and utility easement to the property
boundary to the west(TMK:5-4-17:43) to allow for the future extension of Hauhoa
Street, which is similar to what was required under Ordinance 05-159 for the rezoning of
the adjoining property to the east. This will allow the option of creating road connectivity
with the established subdivision road to the east(Hauhoa Street) and to minimize the
amount of accesses created along Mamalahoa Highway.
According to the Department of Water Supply,water can be made available from
an existing 5-inch waterline along M&nalahoa Highway. As there is no municipal sewer
system in the area,wastewater will be disposed of by a cesspool or individual wastewater
system, meeting the requirements of the Department of Health. All other essential
utilities and services are or can be made available to the site.
The subject request is not contrary to Chapter 205A,Hawaii Revised
Statues, relating to Coastal Zone Management, The property is not located in the
Special Management Area. The site is located approximately twelve miles from the
nearest shoreline and therefore will not be impacted by coastal hazard and beach erosion.
There is no record of a 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 Hawaii State Supreme Court's "PASH"and"Ka Pa'akar 0
Ka Aina"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 kamaaina accounts of the area, historical survey of
documentary records, or botanical study was included in the application.
• The valued cultural historical and natml reso=es found h rem nin area:
The landowner has been using the property for cattle grazing and it is anticipat,-d
that no historic properties will be affected.
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 8
■ Possible adverse effect or impairment of valued resources: Native plants may be
destroyed by ground alteration. There is no evidence that the flora in the area are
particularly desired or used for cultural practices.
+ Feasible actions to protect native Hawaiian rights: No gathering is taking place on
the site. 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.
Based on the above findings, approval of the Change of Zone request from
Agricultural 44-acre(A-40a) to Agricultural 5-acre(A-5a)would result in an
appropriate land use pattern that will further the public necessity and convenience and the
general welfare.
For your favorable consideration, an amendment to Section 25-8-11 (Latamilo-Puukapu Zone
Map) of the County Zoning Code is transmitted.
We are enclosing copies of the staff Background and Planning Director's Recommendation for
your information.
Sincerely,
Ulfvv�.
Lani L. Bowman, Vice-Chairman
Leeward Planning Commission
Lcynthidosterrezl 1-13 6#2
Enclosures
CG.* Mx. Sidney Fuke
Ms. Cynthia Foster
Department of Public Works
Department of Water Supply
Department of Land &Natural Resources-HPD
DOT-Highways, Honolulu
Array Sctf, Esq., Corporation Counsel
Planning Department -Kona
2 r
BASEMAP: FIRM BASEMAP
�a r h ��r •r �� r
�pR:,ss9 Flood Hazard Assessment Report
www.hawaiinfip.org SPECIAL FLOOD HAZARD AREAS (SFHAs) SUBJECT TO INUNDATION BY
' THE 1%ANNUAL CHANCE FLOOD -The 1%annual chance flood (100-
% f: year),also know as the base flood,is the flood that has a 1%chance of
being equaled or exceeded in any given year.SFHAs include Zone A,AE,
-...... AH,AO,V,and VE.The Base Flood Elevation (BFE) is the water surface
elevation of the 1% annual chance flood. Mandatory flood insurance
Property Information Notes: purchase applies in these zones:
COUNTY: HAWAII Zone A:No BFE determined.
TMK NO: (3)6-4-017:042 Zone AE:BFE determined.
WATERSHED: HALOA;WAILOA/WAIPIO
PARCEL ADDRESS: ADDRESS NOT DETERMINED Zone AH:Flood depths of 1 to 3 feet(usually areas of ponding);
KAMUELA,HI 96743 BFE determined.
Zone AO: Flood depths of 1 to 3 feet (usually sheet flow on
Flood Hazard Information sloping terrain);average depths determined.
FIRM INDEX DATE: SEPTEMBER 29,2017 Zone V:Coastal flood zone with velocity hazard(wave action);
LETTER OF MAP CHANGE(S): NONE no BFE determined.
FEMA FIRM PANEL: 1551660192F Zone VE:Coastal flood zone with velocity hazard(wave action);
BFE determined.
PANEL EFFECTIVE DATE: SEPTEMBER 29,2017
Zone AEF: Floodway areas in Zone AE. The floodway is the
channel of stream plus any adjacent floodplain areas that must
be kept free of encroachment so that the 1% annual chance
flood can be carried without increasing the BFE.
NON-SPECIAL FLOOD HAZARD AREA-An area in a low-to-moderate risk
THIS PROPERTY IS WITHIN A TSUNAMI EVACUTION ZONE: NO flood zone.No mandatory flood insurance purchase requirements apply,
FOR MORE INFO,VISIT:http://www.scd.hawaii.gov/ but coverage is available in participating communities.
THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: NO Zone XS(X shaded):Areas of 0.2%annual chance flood;areas of
FOR MORE INFO,VISIT:http://dlnreng.hawaii.gov/dam/ 1%annual chance flood with average depths of less than 1 foot
or with drainage areas less than 1 square mile; and areas
protected by levees from 1%annual chance flood.
Zone X:Areas determined to be outside the 0.2%annual chance
0 600 1,200 ft floodplain.
Disclaimer:The Hawaii Department of Land and Natural Resources(DLNR)assumes no responsibility arising from
the use,accuracy,completeness, and timeliness of any information contained in this report. Viewers/Users are OTHER FLOOD AREAS
responsible for verifying the accuracy of the information and agree to indemnify the DLNR,its officers,and employ-
ees from any liability which may arise from its use of its data or information. Zone D: Unstudied areas where flood hazards are undeter-
mined, but flooding is possible. No mandatory flood insurance
d as'PRELIMINARY,please note that it is being provided for informational purposes purchase apply,but coverage is available in participating commu-
Planning {alept. d insurance rating.Contact your county floodplain managerforflood zone determina- nities.
ce with local floodplain management regulations.
Exhibit 2
t*
;e� li9
DEPARTMENT OF WATER SUPPLY ■ COUNTY OF HAWAII
345 KEKUANAO`ASTREET, SUITE 20 • HILO, HAWAII 96720
°F xnwn�•
TELEPHONE (808) 961-8050 • FAX(808)961-8657
July 21,2021
":USI PL1 N1 41INO DFP-j
JUL 23 2021 PP-2:2-3
PECK I-�AN� �DELIUE4EL)
TO: Mr. Zendo Kern, Director
Planning Department
FROM: Keith K.Okamoto, Manager—Chief Engineer
SUBJECT: Amendment to Change of Zone Ordinance No. 11-73(REZ 11-000135)
Applicant—Cynthia Foster
Request—Amendment for a 5-year Time Extension of Condition C
(Time to Secure Final Subdivision Approval)
Tax Map Key 6-4-017:042(SUB 20-001977)
We have.reviewed the final plat map and have the following comments and conditions.
The requirements from our Memorandum dated March 17,2021,to Wes Thomas Associates and copied to your
Department,regarding the proposed subdivision,still stand.
Should there be any questions,please contact Mr.Troy Samura of our Water Resources and Planning Branch at
951-8070,extension 255.
Sincerely yours,
Ek EGL
Keith K,Okamoto,P.E.
Manager--Chief Engineer
TS:dfg
copy— Wes Thomas Associates
Ms.Cynthia Foster
Planning Depi. . . Water, Our 9dost ftecious resource. . . Kg Wai A Kane . . . SCANNED
Exhibit 3 The Department of Water Supply is an Equa!Opportunity provider and employer. 7/26/2021
COR-21-564674
ro+ SUZANNE D.CASE
A F N CHAIRPERSON
DAVID Y.IGE 't f.e "q}L tiBOARD OF LAND AND NATURAL RESOURCES
GOVERNOR OF HAWAII COMMISSION ON WATER RESOURCE MANAGEMENT
e
ROBERT K NIASUDA
YFIRST DEPUTY
4andha
nd � Ni K4LE0 MANUEL
DEPUTY DIRECTOR-WATER
H
AQUATIC RESOURCES
BOATINGAhD OCEAN RECREATION
vnmi {° BUREAU OF CONT ANCES
COMMISSION ON WATER RESOURCE MANAGEMENT
CONSERVATION AND COASTAL LANDS
STATE OF HAWAII
CONSERVATION AND RESOURCES ENFORCEMENT
ENGINEERING
FORESTRY AND WILDLIFE
S�reofFizw+ ' DEPARTMENT OF LAND AND NATURAL RESOURCES AISTI �SEVAIO
RAHOOLDNMIsSION
LAND
STATE HISTORIC PRESERVATION DIVISION STATE RATES
KAKUHIHEWA BUILDING
601 KAMOKILA BLVD,STE 555
KAPOLEI,HAWAII 96707
August 4,2021
IN REPLY REFER TO:
Zendo Kern,Director Project No.2021PR00842
County of Hawaii,Planning Department Doc.No. 2108SN03
101 Pauahi Street, Suite 3 Archaeology
Hilo,HI 96720
planning@hawaiicounty.gov
Dear Mr.Kern:
SUBJECT: Chapter 6E-42 Historic Preservation Review
Time Extension Request for Cynthia Foster
County of Hawaii Ordinance No. 1173 (REZ 11-000136)
Pu`ukapu Ahupua`a,South Kohala District,Island of Hawaii
TNIK: (3)6-4-017:042
This letter provides the State Historic Preservation Division's (SHPD's) review of the subject request for a time
extension to a County of Hawaii Ordinance(REZ 11-000136)received by our office on July 20,2021.The submittal
included a County of Hawaii Time Extension Application,the original County of Hawaii Ordinance and Application
(dated September 15, 2011), and aerial photos of the proposed project area. The project area consists of a 17-acre
portion of the 41-acre parcel.
Project Description
The applicant, Cynthia Foster (landowner), is requesting a County of Hawaii Time Extension to comply with
Condition C of the original Ordinance that required securing final subdivision approval within five (5) years
(September 2,2016). The ordinance request was to subdivide the subject parcel into three (3) 5+acre lots for estate
planning.
Findings
Our records indicate that this project area has not been subject to an archaeological inventory survey (AIS) and that
no historic properties have been documented within the proposed project area. The parcel is located within an area
that has been utilized for farming and agricultural activities. SHPD has insufficient information to provide an effect
determination for the proposed project on historic properties that may be within the proposed project area.
Determination
Based on the information provided above, the SHPD has no objections to the proposed time extension for the
County of Hawaii ordinance application.However,pursuant to Hawaii Administrative Rules (HAR) §13-284, SHPD
has insufficient information to determine the potential of the proposed future development project to impact historic
properties.
SHPD requests an opportunity to review any permits involving ground disturbing activities related to future
development of the subject parcel as well as final plat maps for the proposed subdivision. SHPD may request
that an archaeological field inspection be conducted of the subject parcel by a qualified archaeologist to determine if
undocumented historic properties exist in the project area prior to any future ground disturbance. If unrecorded
historic properties are present, SHPD will request that an archaeological inventory survey (AIS) be completed, and
report be submitted for review and acceptance prior to initiation of land altering activities.
Planning Dept.
Exhibit 4
Mr.Kern
August 4,2021
Page 2
Please contact Sean Naleimaile at(808)933-7651 or at sean.p.naleimaileghawaii.gov for any questions or concerns
regarding this letter.
Aloha,
Alan S.Downer,PhD
Administrator, State Historic Preservation Division
Deputy State Historic Preservation Officer
cc: Eric Cook,eric.cook@hawaiicounty.gov
Sydney Fuke, sidfuke@hawaiiantel.net
SidneyFuke, Planning Consultant
100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 •Planning•Varianoe•Zoning
M,F Telephone:(1308)969-1522 Cell:(8013)989-0640 •5ubdlvlsion•Land Use Permits
E-mail:sidfuke@hawaiiantel.net •Environmental Reports
September 18,2021
CUH PLANNING DEPT
SEP 22 2021 PH2:49
Mr. Zendo Kern, Director RECD BY MAIL
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Kern:
Subject: Rezoning Time Extension Request(Ord.No. 11 73)
Applicant: Cynthia Foster
TMK: 6-4-017: 042 REZ 11-000136
Thank you for providing me with agency comments to date regarding the subject
application. In response to those comments,please note the following:
a. Department of Water Supply: The Department noted that its requirements must
be adhered to. The applicant is finalizing installation of the required water
meters and related improvements in conjunction with the subdivision process,
which will be completed should the rezoning time extension be approved.
b. Police Department, Department of Public Works and Department of
Environmental Management: None of those County agencies had any objections
or comments to offer on the time extension request.
c. State Department of Health and State Historic Preservation_Division: The DOH
had no comments or objections,while the SHPD noted that while no historic
properties have been documented, it requests that opportunity to review any
permits relating to ground disturbance. That request will be accommodated in
conjunction with the grading/grubbing permit application process.
We trust that this adequately responds to the agencies' comments. If there are
questions or additional agency or public comments relating to this matter,please feel free to
direct them to me. Thank you very much.
$in�erely,
AA
SIDNEY M. FUKE
Planning Consultant
Copy—Ms. Cynthia Foster wl enclosures via email
Planning Deps.
Exhibit 5