HomeMy WebLinkAboutPD Background Report (PL-SLU-2021-00002/PL-REZ-2021-000011) BKahananuiSLUREZ.EC.12.21.21
COUNTY OF HAWAI`I PLANNING DEPARTMENT
BACKGROUND REPORT
AARON NUOLA KAHANANUI
STATE LAND USE DISTRICT BOUNDARY AMENDMENT APPLICATION
(PL-SLU-2021-000002)
CHANGE OF ZONE APPLICATION (PL-REZ-2021-000011)
AARON NUOLA KAHANANUI has submitted applications for a State Land Use Boundary
Amendment from Agricultural to Urban for .992 acres of land and a Change of Zone from an
Agricultural-1 acre (A-la) zoning district to a Single-Family Residential 15,000 square feet(RS-
15) zoning district for .992 acres of land. The subject property is located at 73-4413 Hawaii Belt
Road, approximately 100 feet southeast of its intersection with Kalaoa Street, `O`oma
Homesteads, North Kona, Hawaii, TMK: (3) 7-3-017:024.
PROPOSED ACTION
1. Applicants' Request: 1) A State Land Use Boundary Amendment from Agricultural to
Urban for .992 acres of land; and 2) a Change of Zone from an Agricultural-1 acre
(A-la) zoning district to a Single-Family Residential-15,000 square feet(RS-15) zoning
district for .992 acres of land. The RS-15 zoning district with a minimum lot size of
15,000 square feet, would allow a maximum density of two (2) lots. The Single-Family
Residential zoning district provides for lower or low and medium density residential use,
for urban and suburban family life. Requirements for establishing a land use in the RS
district, including a list of the variety of permitted uses, are shown in Section 25-5-1 to
25-5-8 of the Zoning Code. (Planning Department Exhibit 1 -Zoning Code
Requirements for Single-Family Residential Districts)
2. Objectives of the Requests: If the requested land use entitlement changes are approved,
the applicant proposes to subdivide the property into a total of two (2) lots, with a
minimum lot size of 15,000 square feet each, consisting of one (1) existing single-family
dwelling and supporting infrastructure on each lot, and is intended to allow independent
ownership of the two (2) dwellings.
3. Construction Timetable and Cost: According to the applicant, a subdivision application
would be filed immediately after the granting of the Change of Zone and State Land Use
Boundary Amendment. The applicant anticipates having the property subdivided by mid-
year 2022 and for estimated cost of the project to be minimal.
4. Landowners: Aaron Nuola Kahananui, Kahaunani Hernandez, and Kaninau Kahananui.
5. Supporting Information: The applicant has submitted the following in support of their
request. (Planning Department Exhibit 2 - State Land Use Boundary Amendment
Application dated September 17, 2021) (Planning Department Exhibit 3 —Change of
Zone Application dated September 24, 2021)
PROPERTY PERMIT HISTORY
6. April 6, 1992: Finalized date of OHD-92-000058, `Ohana Dwelling Permit.
STATE AND COUNTY PLANS
7. State Land Use Designation: Agricultural.
8. County Zoning: Agricultural 1-Acre (A-la).
9. General Plan LUPAG Map: The subject property is designated as Low Density Urban.
Low Density Urban allows for residential uses, with ancillary community and public
uses. It also allows for neighborhood and convenience-type commercial uses. The overall
residential density may be up to six (6)units per acre.
10. Kona Community Development Plan (KCDP): The subject property is in the KCDP
district and lies within the region defined as the Kona Urban area. The KCDP encourages
growth and infill within the Kona Urban Area.
11. Special Management Area (SMA): The property is located over four(4) miles from the
nearest shoreline and is not situated within the Special Management Area.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
12. Subject Property: The subject, .992-acre property is irregular in shape, and gradually
slopes from east to west with an approximately 12% slope. The subject property is
currently improved with one (1) single-family dwelling and one (1) `Ohana Dwelling.
The first dwelling with the accessory finished basement living area was constructed in
1961 and the `Ohana Dwelling was constructed in 1992. The property has been utilized
for residential use since 1961.
13. Surrounding Zoning/Land Uses: The parcels immediately to the north, and south of the
subject property are similarly zoned Agricultural 1-Acre (A-la). Across Mdmalahoa
Highway to the west,parcels are zoned Agricultural 5-Acres (A-5a). The surrounding
-2-
area consists mainly of residential uses with a water purification and bottling plant
operating via special permit on 6.286 acres of agriculturally zoned land directly across
Mamalahoa Highway to the west of the subject parcel.
14. ALISH: The subject property is "Unclassified" on the State Agricultural Lands of
Importance Map.
15. Land Study Bureau's Detailed Land Classification System: "C". The Land Study
Bureau(LSB) designates the subject property as "C" (fair soils).
16. U.S.D.A. Soil Survey: The soils on the subject property are classified as Pu`uika`aka-
Lava flows complex with 10 to 20 percent slopes. The soil consists of ash fields on
pahoehoe lava flows. The soil is considered well drained with a very high runoff class.
17. FEMA FIRM MAP: The subject parcel is in an area designated as Zone X on the Flood
Insurance Rate Map (FIRM)by the Federal Emergency Management Agency (FEMA).
Zone X is an area determined to be outside the 500-year floodplain.
18. Flora/Fauna Resources: There were no professional surveys conducted of the floral or
faunal resources of the subject property, however the applicant does not believe that any
rare or endangered floral or faunal resources are likely to be found within the subject
property due to long developed residential use on the property and the suburban nature of
the surrounding area. According to the State Department of Land and Natural Resources
—Division of Forestry and Wildlife the Hoary Bat or `Ope`ape`a, the Blackburn's Sphinx
Moth, the Hawaiian Goose or Nene, and the Hawaiian Hawk or `Io could potentially
occur in the vicinity of the project area.
19. Archaeological/Historic/Cultural Resources: As the subject property has been
developed with a residential use since 1961, no professional archaeological and/or
cultural study was conducted of the property. According to the applicant, no
archeological or historical features are known to exist on the subject property. The
applicant is not seeking to further develop the land (besides minor improvements and
maintenance of the existing structures and dwellings). The subject site is not adjacent
and/or proximate to the shoreline. As such, gathering of marine life and coastal access is
not an issue. It is not known whether the subject property or the immediate surrounding
area was used in the recent past for the gathering of plants by Native Hawaiians. The
-3-
applicant reports they have not observed any Native Hawaiians gathering plants on the
subject property or the surrounding properties.
21. Public Access: There is no known public access to the mountain or shoreline that
traverses through the subject property.
22. Traffic: The property is currently used for residential purposes and will continue to be
used as such following the requested entitlement changes, thus the proposed development
of the property can be expected to create traffic trips equivalent to two single-family
dwellings.
PUBLIC UTILITIES AND SERVICES
23. Vehicular Access: The subject property is currently accessed via Kinoulu Street, which
has an approximate varying pavement width of ten to twelve feet with an existing right-
of-way of twenty (20) feet and is not currently improved with curbs, gutters, or
sidewalks. The roadway is classified as a"road in limbo" according to the Department of
Public Works, thus it is not maintained by the either the County or the State. Kinoulu
Street connects to Kalaoa Street just north of the subject property, and vehicular traffic
can access the main thoroughfare just to the west, Mamalahoa Highway, via Kalaoa
Street. The existing dwellings are currently accessed via three (3) separate paved
driveway connections to Kinoulu Street, with no new proposed accesses. Two (2)
driveways provide access to the `Ohana Dwelling on the eastern portion of the property,
and one (1) driveway provides access to the Single-Family Dwelling on the western
portion of the property.
24. Water: The subject property currently has two (2) existing DWS water meters. Since the
applicant intends to subdivide the subject property, the Department of Water Supply
(DWS)requests that the applicant designate, in writing, which lot within the proposed
subdivision will be assigned each of the existing service meters,prior to final subdivision
approval. DWS also stated that final subdivision approval will be subject to compliance
with the requirements to construct necessary water system improvements. These
improvements include but are not limited to installation of a fire hydrant within 300 feet
of each proposed lot, as well as the cost to relocate or adjust the DWS' affected water
system facilities.
25. Wastewater: As there is no municipal sewer system in the area, the two (2) existing
-4-
dwellings are currently serviced by one (1) septic system that serves the `Ohana Dwelling
and one (1) cesspool that serves the single-family dwelling, which were approved by the
State Department of Health(DOH).
26. Solid Waste: There are no municipal waste collection services in the County. According
to the applicant, solid waste will be handled through commercial haulers or the individual
homeowners into authorized landfill sites or transfer stations.
27. Essential Utilities and Services: All essential utilities are available to the property. The
closest police and fire stations are located in Kailua-Kona, approximately six (6) miles
from the property.
AGENCIES' COMMENTS
28. Department of Public Works,Engineering Division: (Planning Department Exhibit
4—October 18,2021 Memo)
29. Department of Environmental Management-Wastewater Division and Solid Waste
Division: (Planning Department Exhibit 5—November 29,2021 Memo)
30. State Department of Land and Natural Resources —Division of Forestry and
Wildlife: (Planning Department Exhibit 6—November 12,2021 Memo)
31. Department of Water Supply: (Planning Department Exhibit 7—October 27,2021
Letter)
AGENCIES AND ORGANIZATIONS—NO COMMENT/CONCERNS
32. Police Department, State Office of Planning, State Department of Land and Natural
Resources—Engineering Division and Land Division, State Department of Health
AGENCIES AND ORGANIZATIONS-NO RESPONSE
33. State Department of Land and Natural Resources— State Historic Preservation Division,
State Land Use Commission
PUBLIC COMMENTS
34. No public comments have been received as of the date of this report.
-5-
ZONING § 25-4-68
Section 25-4-68. Grounds for approval or denial.
The director shall approve an application for recognition of a de minimis structure
position discrepancy unless:
(a) The discrepancy is greater than the difference as allowed by the de minimis
structure position discrepancy definition, or
(b) The director finds that the improvement was placed with knowledge that it would
violate the minimum yard or open space requirements; or
(c) The improvement could be moved, or the discrepancy otherwise corrected, without
significant expense, difficulty, or hardship to the applicant.
(2002, ord 02-70, sec 3.)
Section 25-4-69. Recognition of de minimis structure position discrepancy.
If the director accepts the application for recognition of de minimis structure
position discrepancy, the director shall notify the applicant in writing that the
discrepancy is not a violation of the zoning code and that it may remain in place without
a variance.
(2002, ord 02-70, sec 3.)
Section 25-4-70. Disclosure.
A de minimis structure position discrepancy shall be disclosed by the owner to
subsequent purchasers of the property in question.
(2002, ord 02-70, sec 3.)
Section 25-4-71. Appeals.
The director's decision with respect to a de minimis structure position discrepancy
is appealable to the board of appeals.
(2002, ord 02-70, sec 3.)
Article 5. Zoning District Regulations.
Division 1. RS, Single-Family Residential Districts.
Section 25-5-1. Purpose and applicability.
The RS (single-family residential) district provides for lower or low and medium
density residential use, for urban and suburban family life. It applies to areas having
facilities, and to carry out the above stated purpose.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-2. Designation of RS districts.
Each RS (single-family residential) district shall be designated on the zoning map
by the symbol "RS" followed by a number which specifies the required minimum
building site area in thousands of square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
25-73
Planning Dept.
Exhibit 1
25-5-3 HAwAI`l COUNTY CODE
Section 25-5-3. Permitted uses.
(a) The following uses shall be permitted in the RS district:
(1) Adult day care homes.
(2) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(3) Community buildings, as permitted under section 25-4-11.
(4) Crop production.
(5) Dwellings, single-family.
(6) Family child care homes.
(7) Group living facilities.
(8) Home occupations, as permitted under section 25-4-13.
(9) Meeting facilities.
(10) Model homes, as permitted under section 25-4-8.
(11) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(12) Public uses and structures, as permitted under section 25-4-11.
(13) Short-term vacation rentals situated in the general plan resort and resort node
areas.
(14) Temporary real estate offices, as permitted under section 25-4-8.
(15) Utility substations, as permitted under section 25-4-11.
(b) In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the RS district, provided that a use permit is issued for each
use:
(1) Bed and breakfast establishments as permitted under section 25-4-7.
(2) Care homes.
(3) Churches, temples and synagogues.
(4) Crematoriums, funeral homes, funeral services, and mortuaries.
(5) Day care centers.
(6) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses, provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the state land use agricultural district
unless approved by the County before July 1, 2005.
(7) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(8) Medical clinics.
(9) Schools.
(10) Telecommunication antennas and towers.
(11) Yacht harbors and boating facilities.
(c) Buildings and uses normally considered directly accessory to the uses permitted in
this section shall also be permitted in the RS district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 3; am 2014, ord
14-86, sec 3; am 2018, ord 18-114, sec 5; am 2019, ord 19-100, sec 3; am 2021, ord 21-26,
sec 5.)
Section 25-5-4. Height limit.
The height limit in the RS district shall be thirty-five feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
SUPP. 10 (7-2021) 25-74
ZONING § 25-5-5
Section 25-5-5. Minimum building site area.
The minimum building site area in the RS district shall be seven thousand five
hundred square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-6. Minimum building site average width.
Each building site in the RS district shall have a minimum average width of sixty
feet, plus two feet for each five hundred square feet of required building site area in
excess of seven thousand five hundred square feet, except that no building site shall be
required to have an average width of more than one hundred fifty feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-7. Minimum yards.
The minimum yards in the RS district shall be as follows:
(1) On a building site with a required area of seven thousand five hundred square
feet to and including nine thousand nine hundred ninety-nine square feet:
(A) Front and rear yards, fifteen feet; and
(B) Side yards, eight feet.
(2) On a building site with a required area of ten thousand square feet to and
including nineteen thousand nine hundred ninety-nine square feet:
(A) Front and rear yards, twenty feet; and
(B) Side yards, ten feet.
(3) On a building site with a required area of twenty thousand square feet or
more:
(A) Front and rear yards, twenty-five feet; and
(B) Side yards, fifteen feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 1997, ord 97-88, sec 1.)
Section 25-5-8. Other regulations.
(a) There may be more than one single-family dwelling on each building site in an RS
district provided there is not less than the required minimum building site area for
each dwelling.
(b) One guest house, in addition to a single-family dwelling, may be located on any
building site in the RS district.
(c) An ohana dwelling may be located on any building site in the RS district, as
permitted under article 6, division 3 of this chapter.
(d) If a legal building site in the RS district has less area or average width than is
required, then the yard requirements for the building site shall be the same as in
the RS district having the largest requirements for which the building site can
comply.
(e) Exceptions to the regulations for the RS district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development, or by the director within a cluster plan
development.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 3.)
25-75
§ 25-5-20 HAwAl`I COUNTY CODE
Division 2. RD, Double-Family Residential Districts.
Section 25-5-20. Purpose and applicability.
The RD (double-family residential) district provides for moderate density use
characterized by the establishment of single or double-family dwellings on each building
site. It applies to areas with developed community facilities. It may occupy a
transitional area between RS districts and those districts having a more intense use of
land.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-21. Designation and density of RD districts.
Each RD (double-family residential district) shall be designated on the zoning map
by the symbol "RD" followed by the number "3.75" which requires that the minimum
land area for each dwelling unit shall be three thousand seven hundred fifty square
feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-22. Permitted uses.
(a) The following uses shall be permitted in the RD district:
(1) Adult day care homes.
(2) Bed and breakfast establishments as permitted under section 25-4-7.
(3) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(4) Community buildings, as permitted under section 25-4-11.
(5) Crop production.
(6) Dwellings, double-family or duplex.
(7) Dwellings, single-family.
(8) Family child care homes.
(9) Group living facilities.
(10) Home occupations, as permitted under section 25-4-13.
(11) Meeting facilities.
(12) Model homes, as permitted under section 25-4-8.
(13) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(14) Public uses and structures, as permitted under section 25-4-11.
(15) Short-term vacation rentals situated in the general plan resort and resort node
areas.
(16) Temporary real estate offices, as permitted under section 25-4-8.
(17) Utility substations, as permitted under section 25-4-11.
(b) In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the RD district, provided that a use permit is issued for each
use:
(1) Care homes.
(2) Churches, temples and synagogues.
(3) Crematoriums, funeral homes, funeral services, and mortuaries.
(4) Day care centers.
SUPP. 6 (7-2019) 25-76
LAND'* =!r 194 Wiwoole St. Hilo, HI 96720
PLANNING t'& (808) 333-3393
HAWA11 LLC info@landplanninghawaii.com
September 17, 2021
Mr. Jeffrey Darrow, Deputy Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Darrow:
Subject: Submission of State Land Use Boundary Amendment Application
Applicant: Aaron Nuola Kahananui
Ooma Homesteads,North Kona,Hawaii, TMK: (3) 7-3-017: 024
Transmitted here for your review and processing is the submittal of an application requesting that
the State Land Use Boundary designation be changed from Agriculture to Urban for the above
referenced parcel. Also, an application requesting that the 0.992-acre parcel of land be rezoned
from the Agriculture (A-la)to the Residential (RS-15) district is being submitted simultaneously
for the subject parcel. The subject property is located at 73-4413 Hawaii Belt Road,
approximately 100 feet southeast of its intersection with Kalaoa Street in Ooma Homesteads,
Kailua-Kona, North Kona, Hawaii.
If approved, the applicant intends to subdivide the 0.992-acre parcel into two (2) lots, consisting
of approximately 0.5 acres each, for estate planning purposes.
The transmittal includes a)the application form and addendum; b) a letter of authorization
allowing my office to file the application on the landowners' behalf, c) a list of surrounding
property owners within five hundred (500) feet of the subject parcel; d) a certificate of tax
clearance from the Hawaii County Real Property Tax Office; e) a metes and bounds description
of the property; and f)background& environmental report, which includes the location and
proposed site plan in the form of the Rezoning Exhibit Map. Further a payment of$500.00 for
the County filing fee will be paid via electronic check.
We trust that everything is in order for your acceptance and processing of this application. If not
or if there are questions relating to this matter,please feel free to direct them to me. Thank you
very much.
Sincerely,
JOHN PIPAN
Planning Administrator
Enclosures
Copy —Aaron Nuola Kahananui
Planning Dept.
Exhibit 2
STATE LAND USE BOUNDARY AMENDMENT APPLICATION
(15 ACRES OR LESS)
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
PETITIONER: Aaron Nuola Kahananui
PETITIONER'S SIGNATURE: DATE:
ADDRESS:. 73-4413 B. Hawaii Belt Road, Kailua-Kona, HI 96740
PETITIONER'S INTEREST IF NOT OWNER:
TELEPRONE(Dus.) gog 84t,!961,51 -
3 (Res.) &0 W0.4 (Fax)
LANDOWNER(S):1) Aaron Nuola Kahananui, 2) Kaninau Kahananui, 3) Kahaunani Hernandez
LANDOWNER SIGNATURE(S): please see attached Addendum —DATE:
(May be by letter)
ADDRESS:. 1) 73-4413 B. Hawaii Belt Road, Kailua-Kona, HI 96740;
—2) 73-4413 A. Hawaii Belt Road, Kailua-Kona, HI 96740;
3) PO Box 230506, Las Vegas, NV 89105
TAX MAP KEY: (3) 7-3,017: 024
STREET ADDRESS OF PROPERTY: 73-4413 Hawaii Belt Road, Kailua-Kona, HI 96740
current, A-1 a
ZONING: proposed: RS-10 SIZE OF PROPERTY: 0.992 acres
CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agriculture
REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Urban
AGENT: Land Planning Hawaii LLC
ADDRESS,. 194 Wiwoole Street, Hilo, HI 96720
TELEPHONE,(Bus.) (808) 333-3393 (Res. (Fax)
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Agent COPIES: _ Applicant
(See Instructions on Reverse Side)
ADDENDUM TO STATE LAND USE BOUNDARY AMENDMENT APPLICATION
TMK.- (3) 7-3-017., 024
Landowner Signatures:
Aaron Nuola Kahananui (Date)
71�
Kaninau Kahananui (Date)
"�aunani He'A a n d e-z (Date)
TO WHOM IT MAY CONCERN:
As landowners of parcel identified by TMK: (3) 7-3-017: 024,we hereby consent and authorize
Land Planning Hawaii LLC to file and process a State Land Use Boundary Amendment
Application on our behalf.
Aaron Nuola Kahananui (Date)
710
Kaninau Kahananui (Date)
�d KaKaunarii Hefn ez (Date)
COUNTY ENVIRONMENTAL REPORT
COUNTY REZONING REQUEST (A-la to RS-15) &
COUNTY STATE LAND USE BOUNDARY AMENDMENT
(AGRICULTURE TO URBAN)
AARON NUOLA KAHANANUI
OOMA HOMESTEADS, NORTH KONA, HAWAI`I 96740
TMK: (3) 7-3-017:024
1
Table of Contents
I. INTRODUCTION..........................................................................................................4
II. PROJECT LOCATION.................................................................................................4
III. PROJECT DESCRIPTION...........................................................................................4
A. Project Concept and Components..............................................................................4
B. Project Timetable and Cost........................................................................................7
IV. INSTITUTIONAL CONSIDERATIONS ....................................................................7
A. State Land Use...........................................................................................................7
B. County General Plan..................................................................................................8
C. Kona Community Development Plan........................................................................8
D. County Zoning...........................................................................................................9
E. Relationship to SMA Objectives and Policies...........................................................9
F. Other Permitting Requirements ...............................................................................11
V. ENVIRONMENTAL CONSIDERATIONS ..............................................................11
A. General Description.................................................................................................11
B. Soils and Topography..............................................................................................11
C. Natural Hazards .......................................................................................................12
D. Flora/Fauna..............................................................................................................12
E. Historic/Cultural/Archaeological Resources ...........................................................14
F. Valued Cultural Resources ......................................................................................14
G. Water and Coastal Resources ..................................................................................15
H. Noise, Air Quality, and Dust ...................................................................................15
I. Scenic and Visual Considerations...............................................................................15
VI. SOCIAL AND RELATED CONSIDERATIONS .....................................................15
A. Surrounding Land Uses ...........................................................................................15
B. Economic Impacts....................................................................................................16
C. Agricultural Impacts ................................................................................................16
VII. INFRASTRUCTURAL CONSIDERATIONS ..........................................................16
A. Road.........................................................................................................................16
B. Water........................................................................................................................17
C. Wastewater...............................................................................................................17
D. Solid Waste..............................................................................................................17
E. Other Government Services.....................................................................................17
F. Other Utilities ..........................................................................................................18
2
VIII.IMPACT SIGNIFICANCE ANALYSIS....................................................................18
A. Relationship Between Local Short-Term Uses of Environment and Maintenance
and Enhancement of Long-Term Productivity...................................................................18
B. Irreversible and Irretrievable Commitment of Resources........................................18
C. Mitigative Measures ................................................................................................18
D. Alternatives to the Proposed Project........................................................................19
IX. REGULATORY ANALYSIS ......................................................................................20
A. General Plan LUPAG Map......................................................................................20
B. General Plan Polices................................................................................................20
C. Kona Community Development Plan......................................................................22
D. Zoning and Subdivision...........................................................................................22
E. State Land Use Agricultural Standards....................................................................23
F. Conformance to Urban District Standards................................................23
X. CONCLUSION.............................................................................................................25
Figures
1. Location Map...........................................................................................5
2. Rezoning Exhibit Map.................................................................................6
3. FIRM Map............................................................................................13
Exhibits
A. Wastewater system information
B. Department of Water Supply Consult
3
I. INTRODUCTION
Aaron Kahananui ("applicant")is requesting the rezoning of a 0.992-acre parcel of land in
Kailua-Kona, Hawaii from Agriculture (A-la)to Residential (RS-15). The property is
located at 73-4413 Hawaii Belt Road, approximately 100 ft southeast of its intersection
with Kalaoa Street. (Figure 1). If approved, the applicant intends to subdivide the 0.992-
acre parcel into two (2)lots, consisting of approximately 0.5 acres each, for estate planning
purposes (Figure 2).
The Kahananui Family has owned this property since the 1950s and the requested Change of
Zone, State Land Use Boundary Amendment, and subsequent subdivision would permit
independent ownership of the two homes on the property so that family members can use
them accordingly. No additional construction is planned, and it appears that very limited
infrastructure improvements would be required to achieve the subdivision. There are
virtually no expected adverse impacts relating to the proposed action.
The subject property has been the site of two single family residences for nearly thirty years
with the first residence built in 1961. The requested actions would bring the land use
designations into accord with the longstanding use and density of development on the
subject property.
Similar State Land Use Boundary Amendment and Rezoning applications have been
approved for nearby parcels, including Ordinance 2002-094 pertaining to TMK (3) 7-3-
5:097 approved a change of district classification from Agricultural to Urban and Ordinance
2002-095 approved a change of zone from A-5a to RS-15. As this project is very similar in
nature, it would be logical to grant approval.
II. PROJECT LOCATION
As noted earlier, the subject property is located off Hawaii Belt Road, approximately 100
feet southeast of its intersection with Kalaoa Street. (Figure 1). Vehicular access to the
property is from Kinoulu Street.
III. PROJECT DESCRIPTION
A. Proiect Concept and Components
The subject site consists of 0.992 acres and has two (2) single-family residences on
the lot. If approved, the applicant intends to subdivide the property into two (2)lots,
consisting of approximately 19,043 and 24,166 square-feet. The two (2)lots will
each contain one (1) of the existing single-family residences and supporting
infrastructure. Each proposed lot will be accessible from Kinoulu Street which
borders the property to the north.
4
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REZONING EXHIBIT
PROPOSED A-1 a TO RS-15 ZONING
MAP SHOWING
LOT 1 (REVISED)
Being o Portion of Gront 4343 to J.M. Lilinoe �>_
At Como 1st North Konog ,,,, ,
w •� � 12"' Island and County of Howoii, Stote of Howoii
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As stated above, the subject property has two dwellings: a 1,486 square foot three (3)
bedroom, one (1)bathroom home constructed in 1961, and a 2,832 square foot five
(5)bedroom, four(4)bathroom home built in 1992. There is also existing supporting
infrastructure including two (2) carports, one built in 1959 that is 888 square feet and
one built in 1990 that is 1,360 square feet.
Permitting History
Western (makai) home -in 1959 Permit No. 21471 and 21614 were issued for the
first dwelling on the subject parcel and in 1989, Permit No. 896004 was issued for a
1,440 square foot garage additon to the home.
Eastern (mauka) home - the second home was built in 1992 under Permit No.
925615, 925871 and 926553, which includes the dwelling, carport and new
catchment tank, respectively. Permit No. E2007-2254K was issued in 2007 for
upgrades to the existing electrical system.
The existing single-family residences and supporting infrastructure will remain under
the requested action, aside from minor improvements that may be required during the
lifespan of the existing dwellings. As stated above, the applicants' intention is to
rezone the land for family estate purposes, which includes distributing the lots to
family members.
It is understood that the subdivision plan submitted herein may have to be adjusted
prior to receipt of final subdivision approval to accommodate County subdivision
requirements and appropriate conditions of approval.
B. Proiect Timetable and Cost
The applicant hopes to secure County Rezoning and State Land Use Boundary
Amendment approval as soon as possible and begin the subdivision process
immediately thereafter.
Tentatively, plans call for having the land subdivided by mid-2022. The estimated
cost of improvements for this project will be minimal based on the necessary
improvements. No new access roads will be necessary for the proposed request.
Kinoulu street is a County owned and maintained road with existing permitted access
to the property and the two (2)lots upon approval. J1]JJP2]
IV. INSTITUTIONAL CONSIDERATIONS
A. State Land Use
The subject site is designated State Land Use Agriculture. This State Land Use
Boundary Amendment Application is being submitted to change the State Land Use
designation from Agriculture to Urban. Based on the size of the parcel no State Land
7
Use Commission action is required. The County of Hawaii can process the rezoning
request.
A discussion of the extent to which the proposed reclassification conforms to the
applicable district standards is required for the State Land Use Boundary
Amendment Application can be found in Section IX of this report.
B. County General Plan
The County General Plan Land Use Pattern Allocation Guide ("LUPAG") map
designates the subject site as Low-Density Urban. This designation identifies land for
residential use with ancillary community and public uses, and neighborhood and
convenience-type commercial uses; overall residential density may be up to six (6)
units per acre. The proposed subdivision resulting in two (2)lots would be consistent
with the Low-Density Urban designation and no General Plan amendment would be
required to effectuate this project.
C. Kona Community Development Plan
The Kona Community Development Plan (KCDP) attempts to further define the
General Plan and serves as a guide for decision-makers. The KCDP designates the
subject parcel as part of the Kona Urban Area. The proposed change of zone request
is conducive to the following goals, objectives, and policies outlined in the KCDP as
amended by Ordinance 19-091 effective September 18, 2019:
Policy LU-1.2: Urban Area. The majority offuture growth in Kona shall be directed
to the Kona Urban Area shown on the Official Kona Land Use Map, which spans
from the Kona International Airport to Keauhou subject to the policies set forth
under Objective LU-2 Urban Area Growth Management.
Policy LU-1.4: Consistency with Land Use Pattern Allocation Guide (LUPAG).
The current LUPAG accommodates the vision and needs for the Kona CDP area
planning horizon and should be amended only for compelling reasons. Any rezoning
application shall be consistent with the LUPAG.
Objective LU-2: Urban Area Growth Management. Recognizing that the LUPAG
Urban Area is larger than needed in order to accommodate the projected growth
within the planning horizon,future growth within the Urban Area shall be
encouraged in a pattern of compact villages at densities that support public transit.
Policy LU-2.8 Development Outside Transit-Oriented Developments (TODs), but
within the Kona Urban Area. Development outside the TODs, but with the Kona
UA, may occur as follows:
2. b. Conventional Rezoning. Rezoning to other than TND, is subject to the
following guidelines:
8
i. Consistency with LUPAG. Refer to Policy LU-1.3.
ii. Infill. Rezonings that promote infill are encouraged. The concept
of infill is to connect two or more pre-existing developments. Infill
rezonings should be conditioned to ensure connectivity to the
surrounding developments and, where applicable, to provide
mixed-use opportunities to make the area more walkable.
iii. "Greenfields"Rezoning. Rezoning anywhere within the Kona UA,
whether within or outside a TOD area designated on Figure 4-7
Official Kona Land Use Map, that is not a TOD, TND or infill
shall require an amendment to the Kona CDP.
c. State Land Use. Where a rezoning application meets the above criteria, the
County shall support a State Land Use Urban Boundary amendment for lands within
the County Urban Expansion Area.
As stated earlier, the rezone request would allow for the subdivision 0.992 acres of
previously developed land into two (2)lots, each over 19,000 square-feet, in order to
distribute between family members. One (1) existing single-family residence and
supporting infrastructure will be on each lot. As such, the applicant intends to make
minimal improvements to the existing infrastructure and minimal changes in land use
under this request. The subject property is located within the Kona Urban Area, near
its' eastern most extent, bordering the Rural area. It is outside any concurrency zone.
The proposed rezone is consistent with current LUPAG designation of Low-Density
Urban, and would be considered infill, and therefore consistent with relevant sections
of the KCDP.
D. County Zoning
The County Zoning of the subject property is Agriculture (A-la). The majority of the
surrounding properties are zoned A-la, A-3a, A-5a and A-20a. Nearby subdivisions
to the south have lot sizes of approximately 8,000 square-feet while maintaining A-
la zoning. RS-15 zoned lands exist approximately 0.5-miles to the north along with
many non-conforming 10,000 square foot lots with A-5a zoning along Kaiminani
Drive. RS-20 zoned lands exist approximately 0.3 miles to the south of the subject
property.
If approved, the site would be subdivided in a manner generally meeting with both
the Zoning and Subdivision Codes. Notwithstanding the subdivision requirements,
all uses and standards consistent with the requested (RS-15) zone would be adhered
to.
E. Relationship to SMA Obiectives and Policies
The site is located approximately 4.5 miles from the coastline and outside the County
Special Management Area (SMA). The entire island falls within the Coastal Zone
9
Management(CZM) Area. Thus, a discussion of the request's relationship to the
CZM Program follows.
The site is not adjacent to the ocean. It sits approximately 4.5 miles from the
shoreline at an elevation of between 1,600 and 1,700 feet. As such, the proposed
action should not have any adverse impacts on the area's coastal recreational and
marine resources nor have any impacts on beach protection.
The likelihood of this improvement having any impacts on the area's historic
resources is not high as there are no known archaeological sites on the property. The
parcel has been developed and used for residential purposes for many years.
However, in the event any archaeological undocumented features are found during
any earth disturbance activity, work will stop within the affected area and
appropriate clearances from the State DLNR-SHPD and County Planning
Department will be secured before work resumes. If needed, an archaeological
monitoring program can be instituted during any land clearing activity.
The proposed rezone would not cause significant impacts to the area's scenic and
open space resources as there are two existing homes on the parcel and no
additional dwellings or improvements are planned at this time. Further, as the area
surrounding the site is largely residential and has a natural topography declining
from mauka to makai, any structures on the site should not visually affect any scenic
views of the adjacent properties or from Mamalahoa Highway.
Relative to Coastal Ecosystems,impacts should be negligible, if at all, as the site is
located approximately 4.5 miles from the ocean at 1,600 to 1,700-foot elevation.
Notwithstanding the distance, because the proposed rezone does not include
disturbance to the land or the construction of new dwellings and improvements,
impacts should be negligible.
The proposed action will result in subdividing the parcel into two (2)lots for estate
planning purposes. The subdivision would continue to provide residential use and
use of nearby businesses and public utilities. In so doing, the project could aid
overall economic use of this site and the area in general.
Because of its distance from the shoreline, the site should not be subject to coastal
hazards. Relative to the managing development objective, this function is more
applicable to the "authority" or approving agencies. However, it is noted that the
request would operate and be constructed within the scope of the Zoning Code. The
subject site would be zoned RS-15, and the requested use and design/parameters
(parking, height, setback, etc.)would be consistent with said zoning. In that regard,
the project would be consistent with this policy.
Finally, in terms of the public participation objective, this is generally a public
agency function. This is achieved through the Marine and Coastal Zone Management
Advisory Group (MACZMAG) and the public hearing process required pursuant to
10
the Planning Commission's Rules and County Council's meetings on this
application. Notices of this application will become available through the posting of
a sign on the property, as well as sending two (2) notices to surrounding property
owners, one at the time the application is filed and again, prior to the public hearing.
Based on the foregoing, it is concluded that the requested improvements would be
consistent with the objectives, policies, and guidelines of the Coastal Zone
Management Policies, as outlined in Chapter 205-A-23, HRS and Planning
Commission Rule No. 9 relating to the Special Management Area.
F. Other Permitting Requirements
As noted earlier, additional permits may be required. Other permits would be of the
"ministerial" variety, such as Subdivision Approval, etc. As needed, these permits
will be obtained in order to follow county code.
V. ENVIRONMENTAL CONSIDERATIONS
A. General Description
The parcel is generally rectangular in shape and is accessed via Kinoulu Street,
which is a County owned and maintained road. Kinoulu Street serves as the main
access point for the subject parcel and neighboring parcels. There are currently two
(2) dwellings on the property.
The site is situated at the 1,600 to 1,700-foot elevation level. The property slopes
roughly from east to west, with a gradual decline from the south to the north, with
the highest point being at the southeastern end of the property. In spite of the
gradual rise, there does not appear to be any topographic constraints for future
development, improvements, and utilization.
Nearby properties are generally the same size, ranging from 8500-sq ft lots to 1.5
acre lots. The general area is primarily residential and agricultural.
The annual median rainfall for this area is approximately 45 inches. The average
daily temperature ranges from a minimum of 62 degrees to 78 degrees Fahrenheit.
Wind patterns are generally westerly during the day and easterly during the evenings.
B. Soils and Topography
According to the Natural Resource Conservation Service's Land Study Bureau
Overall Master Productivity Rating, the site has a designation of"C" or fair.
The soil for the subject site is of the Puuikaaka-Lava flows complex soils with 10 to
20 percent slopes. The soil consists of volcanic ash over pahoehoe lava flows. The
11
soil is considered well drained with a very high runoff class and the erosion hazard is
undefined. The soil on site is not considered prime farmland.
According to the Agricultural Lands of Importance to the State of Hawaii (ALISH)
classification system, the site is unclassified.
As noted earlier, the topography of the site slopes in an east to west direction, with
the lowest portion being at the southwest end. The slope of the land appears to be
between 10 to 15 percent.
C. Natural Hazards
1. Drainage
The Federal Emergency Management Agency (FEMA)Flood Insurance Rate
map (FIRM) identifies the project area as Zone "Y' (areas outside of the 500-
year flood) (Figure 3). There are no identified existing drainage ways on the
site. The applicant has not observed any significant runoff or erosion in the
recent past on the subject site.
2. Volcanic, Earthquake and Tsunami Hazards
According to the United States Geological Survey maps, the project site is
located within Lava Flow Hazard Zone 4, on a scale of ascending risks 9 to 1.
All of Hualalai and the majority of the North Kona area falls in the Zone 4
category. The Building Code designates the entire Island of Hawaii
Earthquake Zone "D" and contains certain structural requirements to address
the relative seismic hazard. All structures would have to comply with this
standard.
3. Tsunami Hazard
As the site is located 4.5 miles from the coast and sits at 1,600 to 1,700-foot
elevation, it is located outside of the Civil Defense's Tsunami Evacuation
Zone.
D. Flora/Fauna
Although there were no professional surveys conducted of the floral or faunal
resources of the site, the applicant does not believe that rare or endangered floral or
faunal resources are likely to be found within the subject site.
Further, the suburban nature of the surrounding areas would make it less likely to
find endangered animal life in this area. It would be possible to find the Island-wide
ranging Hawaiian Hawk(`Io), Hawaiian Owl (Pueo), Hawaiian Goose (Nene), and
12
;
Mtir
r�
BASEMAP: FIRM BASEMAP
Flood Hazard Assessment Report
www.hawaiinfip.org SPECIAL FLOOD HAZARD AREAS (SFHAs) SUBJECT TO INUNDATION BY
F THE 1% ANNUAL CHANCE FLOOD -The 1%annual chance flood (100-
� r �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 i� Zone A:No BFE determined.
TMK NO: (3)7-3-017:024 Zone AE:BFE determined.
WATERSHED: KEAHOLE
PARCEL ADDRESS: 73-4413 HAWAII BELT ROAD Zone AH:Flood depths of 1 to 3 feet(usually areas of ponding);
KAILUA KONA,HI 96740 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: 1551660730F 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 40 80 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 orinformation. Zone D: Unstudied areas where flood hazards are undeter-
mined, but flooding is possible. No mandatory flood insurance
If this map has been identified as'PRELIMINARY',please note that it is being provided for informational purposes purchase apply,but coverage is available in participating commu-
and is not to be used for flood insurance rating.Contact your county floodplain manager for flood zone determina- nities.
tions to be used for compliance with local floodplain management regulations.
Figure 3
the Hawaiian Hoary Bat on site, however this is not their main habitat. It is unlikely
that the proposed request would impact endangered animal life. The vegetation at the
proposed parcel is mainly decorative or agricultural in nature and include the
following: swiss cheese plant(Monstera deliciosa), morning glory, (Ipomea sp), ti
(Cordyline fruticosa), banana, coconut(Cocos nucifera) and other small fruit and
decorative plants. These plants are maintained and cultivated by the applicant and
used for landscaping and privacy.
In addition, introduced bird species (such as dove, Japanese white-eye, house finch,
myna) are common in this area. Domestic animals such as cats and dogs, and other
animals like rats, pigs and mongoose are also common. These are all common and
not endangered.
As such, it is unlikely that this request would cause any adverse floral or faunal
impacts.
E. Historic/Cultural/Archaeological Resources
Although there was no archaeological survey of the site, it is unlikely that
archaeological resources will be encountered. The subject property has been
developed in the past and no surveys were commissioned or needed. The applicant is
not seeking to further develop the land (besides minor improvements and
maintenance of the existing structures and dwellings). However, in the event
undiscovered archeological remains are found, any work in the immediate area
would cease and would only resume after proper clearances from the State and/or
County have been received.
F. Valued Cultural Resources
In view of the recent Hawaii State Supreme Court's "PASH" and"Ka Pa'akai O
Ka'Aina" decisions, the issue relative to native Hawaiian gathering and fishing
rights must be addressed. Specifically, there must be a discussion on the cultural,
historical and natural resources, as well as the associated tradition and customary
practices of this site. In this situation, the subject site is not adjacent and/or
proximate to the shoreline. As such, gathering of marine life and coastal access is not
an issue.
It is not known whether the subject or immediate surrounding area was used in the
recent past for the gathering of plants by Native Hawaiians. The applicant has not
observed any Native Hawaiians gathering plants on the site or the adjoining
properties. Thus, it would appear unlikely that the site would serve such purpose
today.
14
In the event that legitimate gathering claims are made by Native Hawaiians, the
applicant intends to respect and honor such claims and provide the legal and needed
access within the site.
Based on the above, it does not appear that the project would have any potential
adverse impact relative to the cultural and historical resources of the area.
G. Water and Coastal Resources
The subject site is located approximately 4.5 miles from the coastline and sits at
approximately 1,600 to 1,700-foot elevation. As such, coastal impacts resulting from
discharge of wastewater systems from the site should not be significant. Further,
being a non-coastal property, no coastal access will be affected.
H. Noise,Air Quality, and Dust
The proposed rezone and subdivision should not generate any direct long-term noise
or air quality impacts. The applicants' intention is to subdivide the land and
distribute the two (2)lots and existing single-family residences to family members.
The subject property will continue to be used for residential purposes. No
improvements to the existing dwellings and supporting infrastructure are planned at
this time. If improvements are made in the future, they will be minimal and will
follow all rules and regulations as outlined in appropriate building permits. Under the
proposed request, no additional impacts to noise levels or ambient air quality will
occur outside of residential purposes.
L Scenic and Visual Considerations
In the Natural Beauty element of the General Plan, there are sites or areas listed as
being a scenic resource. The subject site is not listed as a scenic site, nor will the
proposed rezoning and subdivision action affect any of the scenic resources outlined
in the General Plan. Views from Hawaii Belt Road should not significantly change
as no additional improvements or construction is planned for the parcel.
VL SOCIAL AND RELATED CONSIDERATIONS
A. Surrounding Land Uses
The land use in this area is generally suburban in nature with single-family dwellings
and small-scale farms. Nearby subdivisions to the south have lot sizes of
approximately 8,000 square-feet while maintaining A-la zoning. RS-15 zoned lands
exist approximately 0.5-miles to the north along with many non-conforming 10,000
square foot lots with A-5a zoning along Kaiminani Drive. RS-20 zoned lands exist
approximately 0.3 miles to the south of the subject property.
15
Further, there are several rezonings in the nearby area from Agriculture (A-la, A-3a
and A-5a)to Urban (CN-10, CN-20, RS-20 and RS-15)including:
• Ordinance 1983-54 pertaining to TMK (3) 7-3-05:027 approved a change of
district classification from Agricultural to Urban and a change of zone from
A-1 a to CN-20.
• Ordinance 1984-71 pertaining to TMK (3) 7-3-07:034 approved a change of
district classification from Agricultural (A-3a)to Single Family Residential
(RS-20).
• Ordinance 1999-88 pertaining to TMK (3) 6-3-05:089 approved a change of
district classification from Agricultural (A-5a)to Family Residential (RS-20).
• Ordinance 2002-026 pertaining to portions of TMK (3) 7-3-5: 032 and 033
approved a change of district classification from Agricultural to Urban and
Ordinance 2002-031 approved a change of zone from A-5a to CN-10
• Ordinance 2002-094 pertaining to TMK (3) 7-3-5:097 approved a change of
district classification from Agricultural to Urban and Ordinance 2002-095
approved a change of zone from A-5a to RS-15
B. Economic Impacts
The requested zoning would have some measure of economic impact, as it would
divide the current parcel into two (2) separate lots to be used for residential purposes.
The project will continue to aid the general economy and the overall economic use of
the site and the surrounding area: gas stations, convenience stores, area businesses,
etc.
C. Agricultural Impacts
The site has a LUPAG designation of Low-Density Urban and has not had any recent
agricultural activities. The soil quality and topography of the subject parcel makes it
unsuited for most intensive commercial agriculture. As previously stated, a State
Land Use Boundary Amendment Application is being submitted concurrently with
this application to allow an Urban land use designation. Given the nearby land use
combined with the difficulty of the parcel for intensive agriculture, a residential
zoning would be consistent with the sought land use designation and other zonings in
the adjacent area.
VII. INFRASTRUCTURAL CONSIDERATIONS
A. Road
Access to the project would be from Kinoulu Street, via Kalaoa Street. The subject
property is located approximately 100 feet away from Kalaoa Street's intersection
with Hawaii Belt Road. Kinoulu Street is a County owned and maintained roadway
with a 20-foot-wide Right-of-Way and approximately 12-foot pavement width that
serves as the primary access to the subject property. The subject property has
approximately 450 feet of frontage on Kinoulu Street along its northern boundary.
16
A Traffic Impact Analysis has not been performed for the planned subdivision. For
the number of proposed lots (2), much less than 50 peak hour vehicular trips are
anticipated. Currently, the traffic to and from the parcel is residential, and will not
change with the subdivision of the property.
B. Water
According to consultation with the Department of Water Supply, adequate water is
available to the site for the proposed subdivision (Exhibit B).
Additionally, a new catchment tank was built on the property in 1992 under Permit
No. 926553 and received final inspections.
C. Wastewater
There is no County wastewater system in this area. The two (2) existing single-
family residences and supporting infrastructure are served by permitted Individual
Wastewater Systems (Exhibit A). Wastewater levels are not expected to change
under the proposed request as the residential land use will remain very much the
same.
D. Solid Waste
Solid waste will be handled through commercial haulers or the individual
homeowners into authorized landfill sites or transfer stations. Solid waste generation
will remain comparable to current levels under the existing single-family dwellings
and supporting infrastructure. As noted earlier, no improvements to the existing
homes are planned at this time, therefore, the property will operate similarly under
this request. With the requested RS-15 zoning, the potential for uses with toxic or
related chemical waste would be minimal, if at all.
E. Other Government Services
As this property is a part of the Kailua-Kona Urban Area, no extension of
government services would be required. The nearest Police Station is approximately
6 miles away and the nearest Fire Station, Library, and Public School is
approximately five miles away. In addition, there are recreation facilities in the
general area as well.
As such, the project should not result in the extension of any government services.
Further, the required public facilities are located reasonably proximate to the subject
site.
17
F. Other Utilities
Utilities such as telephone and electric power are available to the site and are used
for the existing single-family residences and supporting infrastructure. No other
additional utilities will be required at this time. However, if additional utilities are
needed, proper permitting and approval will be sought out by the landowner.
VIII. IMPACT SIGNIFICANCE ANALYSIS
A. Relationship Between Local Short-Term Uses of Environment and
Maintenance and Enhancement of Long-Term Productivity
If the request were denied, the use of the land would remain the same. The use would
continue to be residential but the applicant would not be able to equally share the
land to his family for estate purposes.
From a long-term standpoint, the proposed project would allow members of the
applicants' family to utilize the properties according to their own visions and goals.
The properties could continue to be passed down for generations. The proposed
rezoning also increases economic opportunity through future selling of one or both
parcels.
B. Irreversible and Irretrievable Commitment of Resources
As the site has been relatively disturbed in the past, it is not likely that its
development would result in an irreversible commitment of natural or archaeological
resources.
The soil on the parcel has a classification of C, or fair, by the Land Study Bureau.
The potential for viable commercial agricultural use of the property is limited by the
size and shape of the parcel along with longstanding residential use of the majority
of the property.
Although no archaeological survey was commissioned by the applicant, due to the
nature of the request and no current plans to further develop the land, it is unlikely
that major impacts to these resources would occur.
C. Mitigative Measures
The applicant intends to make minimal improvements, generally consistent with the
subdivision process. If there is any construction activity, contractors will be
obligated to comply with appropriate State noise and air quality�standards.ksi
However, no additional construction activity is planned for the parcel at this time.
18
Should unanticipated archaeological finds be discovered in conjunction with any
further development of the site, work will stop (as is required by the State and
County) and clearance will be secured before work is resumed.
There is no existing drainage way on the property. Any and all required grading or
grubbing work would be done in conjunction with the required permits. This is to
assure that the development of this site does not adversely affect the drainage of
surrounding properties or downstream water quality. However, no additional
developments or additions are anticipated for the subject site at this time
Finally, there will be no person or businesses to be dislocated by this project.
D. Alternatives to the Proposed Proiect
1. No Proiect
Under the status quo alternative, the parcel would continue in its current
state, with two (2) single-family residences and supporting infrastructure. The
applicant would not be able to subdivide the parcel for estate purposes and
pass it down to family members.
2. Alternative Density
Under this alternative, the applicant could seek a denser zoning, such as RS-
10 zoning. There are practical difficulties relating to subdivision layout with
the existing development that make this alternative less desirable.
RS-20 zoning was also considered, however given the location of the
proposed new lot line between an existing structure for proposed lot 1-A and
a septic system leach field area for the home on the proposed lot 1-13, the
smaller of the two proposed lots (1-13) cannot be made greater than 20,000
square feet and maintain proper setbacks to structures on lot 1-A without
moving or removing a portion of that structure.
3. Evaluation of Alternatives
The project's impacts to the area's social and physical infrastructure would
not be pronounced. Certain mitigative measures could be taken to address
any possible impacts associated by the development of this project. Further,
the project would be consistent with the land use objectives sought to be
accomplished by the County General Plan LUPAG map.
In view of the aforementioned, it would appear that none of the alternatives
would be more prudent and beneficial than the requested RS-IS alternative.
19
IX. REGULATORY ANALYSIS
A. General Plan LUPAG Map
The General Plan provides for the long-range comprehensive development of the
Island of Hawaii. It provides direction for balanced growth in the County. The
LUPAG map designates the site Low Density Urban. This designation allows the
requested RS-15 zoning without a General Plan amendment.
B. General Plan Polices
The requested zoning would be consistent with the goals, policies, and standards of
the General Plan document.
For one, it may provide economic opportunities. The subdivision of the parcel would
increase real property value. In doing so, the resultant project should add revenues to
the County and State coffers.
The nature of the proposed request is conscious of energy resources as no
improvements to the two (2) single-family residences or related infrastructure is
planned at this time. Energy use will be consistent with existing levels as the
property has operated in a residential manner for many years and intends to continue
at the same rate.
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 violate any of those objectives.
Aside from the very limited vehicular transmission, air pollution associated with the
project should be negligible. All waste water would continue to be handled by
Individual Wastewater Systems approved by the Department of Health. This,
combined with the remoteness of the property to the coast, should be sufficient to
address any potential groundwater or coastal water impacts.
If required, while not necessary for a project of this nature and size, a solid waste
management plan could be prepared and implemented. The project will also be
minimal in noise, except what may be associated with the general residential use.
Any noise-generating facility, such as air conditioners, would be carefully placed to
minimize their noise impacts to adjoining properties.
The project site is outside the boundaries of a flood way. The two (2) single-family
residences and supporting infrastructure have been in place for many years without
drainage issues. Nonetheless, if required, a drainage system will be designed and
constructed (especially in conjunction with the subdivision approval process)in a
20
manner to protect the property as well as to minimize the volume of surface runoff if
determined to be appropriate.
There are no known archaeological resources on the site and previously
undocumented sites are not anticipated to be encountered. Nonetheless, work will
cease if unanticipated archaeological remains are discovered during the development
of this project. Work will resume only after proper clearances from the State and/or
County have been received.
While there have been sightings of the Hawaiian Hawk(Io) and Hawaiian short-
eared owl (Pueo), this area, it is not their primary habitat. As such, the subject
project should not have any significant impacts on rare or endangered plant or animal
life in this area.
The proposed RS-15 zoning will help fulfil the objectives of the housing element by
creating an additional lot available for residential uses. The Plan also emphasizes that
developments be mindful of an area's natural beauty. The subject parcel has been
used residentially for many years and fits in with the surrounding natural terrain and
beauty of the neighborhood and its surrounding parcels.
As the project site is approximately 4.5 miles from the ocean and has an elevation of
1,600— 1,700 feet, the usual coastal resources concern is not pronounced. There
will be no interference with shoreline access. Further, through the use of permitted
wastewater disposal methods, impacts to coastal waters will be minimized.
There will be marginal impact to public facilities. Vehicular access to the site meets
County standards and the site is accessible by emergency vehicles. Schools and other
public facilities are also located proximate to the site, most of them being less than 5
miles away.
Finally, in terms of the Land Use and Housing elements,the pertinent goals,
policies, and standards of the General Plan note the following:
• Designate and allocate land uses in appropriate proportions and mix and
in keeping with the social, cultural, and physical environments of the
County. (Land Use Element)
• Encourage a volume of construction and rehabilitation of housing
sufficient to meet growth needs and correct existing deficiencies.
(Housing Element)
• Allocate appropriate requested zoning in accordance with the existing or
projected needs of neighborhood, community, region and County. (Land
Use Element)
21
• Encourage the development and maintenance of communities meeting the
needs of its residents in balance with the physical and social environment.
(Land Use Element)
• 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.
Discussion
In view of the foregoing goals and policies, it is noted that the requested zoning
would be generally compatible with the surrounding area. There are many RS-10 and
RS-15 zoned lots not far from the subject site.
As Kona and its surrounding area continues to grow, there will be a need for more
residentially zoned lands. The proposed request reflects this demand. The subject
project, in addition to attempting to meet this need, also fulfills other policies and
standards articulated in the General Plan. The site is already serviced by adequate
infrastructure including police and fire protective services and all other utilities
already in operation for the site. As such, this development should not require
additional public services.
The soil of the site is classified as "C" or fair by the Land Study Bureau and not
conducive to commercial agriculture given the size, slope and existing development
on the property.
The property has no severe topographic or geologic problems that would render the
land unusable for the proposed subdivision and activity. The prospects of the site
serving as a habitat for rare or endangered plant or animal life appear remote.
Likewise, surface and subsurface archaeological remains do not appear to be likely
on this site.
C. Kona Community Development Plan
The Kona Community Development Plan (KCDP) attempts to further define the
General Plan and serves as a guide for decision-makers. The subject property is
located within the Kona Urban area and as it is surrounded by developed properties
on all sides and is a good candidate for infill. More detail on the proposed project's
relationship to the KCDP can be found in section IV. C. of this report.
D. Zoning and Subdivision
The designated zoning of the site is A-la. Should the RS-15 zoning be approved, the
requirements of the zoning and subdivision codes would generally be complied with,
22
including use and related development standards. These include the possible
incorporation of appropriate restrictive covenants relating to density, use, and design
restrictions.
E. State Land Use Agricultural Standards
The State Land Use Designation is Agricultural, however the State Land use
Boundary Amendment Application submitted herein requests a State Land Use
Designation of Urban. The requested rezoning to RS-15 is contingent on the
successful amendment of the SLU from Agricultural to Urban this request is
discussed in detail in the following section.
F. Conformance to Urban District Standards
The proposed State Land Use Boundary Amendment conforms to Hawai'i Revised
Statutes Chapter 15-15 Section 18 as amended October 11, 2013 in the following
ways:
Urban lands shall include lands characterized by "city-like" concentrations of people,
structures, streets, urban level of services and other related land uses;
Evaluation of district conformance shall take into consideration the following
specific factors:
• Proximity to centers of trading and employment except where the
development would generate new centers of trading and employment.
The subject property is part of the Kona Urban Area as defined in the Kona
Community Development Plan. Nearby Kailua-Kona commercial and
industrial zones are major centers for trading and employment in the District.
Further, The Ellison Onizuka Kona International Airport, and major resort
areas are nearby the subject parcel.
• Availability of basic services such as schools, parks, wastewater systems,
solid waste disposal, drainage, water transportation systems, public utilities,
and police and fire protection; and sufficient reserve areas for foreseeable
urban growth.
As this property is part of the Kailua-Kona Urban Area, no extension of
government services would be required. There is a Fire Station, Police
Station, Public School, Library and a gas station all located within 5 to 6
miles of the subject site. In addition, there are recreation facilities in the
general area as well. County water service is available to the site. Further,
significant future urban development is planned for the Kona Urban Area as
detailed in the Kona CDP.
23
• It shall include lands with satisfactory topography, drainage, and reasonably
free from the danger of any flood, tsunami, unstable soil condition, and other
adverse environmental effects.
There are no serious topographic conditions making the property unsuitable
to urban development. The development of surrounding lands attests to the
suitability of the land for residential use.
• Land contiguous with existing urban areas shall be given more consideration
than non-contiguous land, particularly when indicated for future urban use on
state or county general plans or county community plans or development
plans.
The County of Hawaii General Plan Land Use Pattern Allocation Guide map
(LUPAG) defines the subject parcel as Low-Density Urban. The Kona
Community Development Plan includes the subject parcel within the Kona
Urban Area.
• It may include lands which do not conform to the standards in paragraphs (1)
to (5): When surrounded by or adjacent to existing urban development; and
only when those lands represent a minor portion of this district.
Though the subject parcel substantially conforms to the criteria listed above,
the subject parcel is also near existing urban (residential and commercial)
development and would represent a minor portion of this district.
• It shall not include lands, the urbanization of which will contribute toward
scattered spot urban development, necessitating unreasonable investment in
public infrastructure or support services.
The subject parcel is proximate to the urban center of Kailua-Kona and
within the Kona Urban Area and will not contribute to scattered spot urban
development. The development and improvements on the subject site will
remain largely the same as it has operated over many years. No new
improvements are associated with the proposed request at this time. No
additional investments in public infrastructure or support services would be
required.
• It may include lands with a general slope of twenty percent or more if the
commission finds that those lands are desirable and suitable for urban
purposes and that the design and construction controls, as adopted by any
federal, state, or county agency, are adequate to protect the public health,
welfare and safety, and the public's interests in the aesthetic quality of the
landscape.
24
This criterion does not apply as the subject property has generally 10 to 20%
slope.
X. CONCLUSION
Based on the consistency of the proposed change of zone request with the County's land use
policies, approval of this request would be logical and reasonable.
The requested density is consistent with the surrounding area and properties. The alternative
of leaving the land in Agricultural zoning would not be a reasonable option and would
greatly limit its potential use. While other zonings of a residential and/or agricultural nature
could be achieved, the requested RS-15 zoning is the most sensible.
25
JAN 2 1 19M
AQUA / WASTE ENGINEERS
Reid&Associates Inc. P.O.Box 1686 • KAILUA-KONA,HAWAII •96745
TELEPHONE:(808)329-8266 •FAx(808)326-7767
January 19, 1993
IN HAWAII 1-(800)-634-3247
Mr. Dennis Tulang, Chief
Wastewater Branch
Five Waterfront Plaza °'\�' JAN 2 5 1993
500 Ala Moana Blvd., Suite 250 I'
Honolulu, HI 96813 �-
SUBJECT: Individual Wastewater Systems (IWS) for the Kahananui Residence
Mamalahoa Highway, Ooma, North Kona District, Hawaii County,
(TM& 7-3-17:24)
File No. 1460
Gentlemen:
Submitted for your review and approval is the "As-built" site plan, L-3, for the George
Kahananui residence. Please note that a 1250 gallon polyethylene septic tank manufactured
by Roto-tech Industries, supplied by Ono Septic Systems (detail T-1 enclosed), was
substituted for the approved tank. Also enclosed is verification of the soil replacement,
and low flow plumbing fixtures, i.e, invoices, along with the signed contractor form.
If you have any questions or desire additional information, please do not hesitate to call.
Sincerely,
AQUA/WASTE ENGINEERS
Ken Lo
Project E eer
001-146-92
Attach.
GG HUM NEW 12 HUM DG CAR, Ij N H! 311) mol III vm
George Kahananut, PO Pox 2797, Kailua-Kona, KI 96745
Specialists In Water and Wastewater Planning,Engineering and Construction Management Exhibit A
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REID & ASSOCIATES INC. 1 a
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PAR0110,11160 AKA.OI.1745 =WON SCALE:1" = 40' DATE: January 15,1993
Exhibit A
tr
19 49
DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAVI
345 KEKUANAO'A STREET, SUITE 20 - HILO, HAWAI'l 96720
TELEPHONE (808)961-8050 - FAX(808)961-8657
September 8, 2021
Mr. John Pipan
Land Planning Hawaii,LLC
194 Wiwo'ole Street
Hilo, HI 96720
Dear Mr. Pipan:
Subject: Water Availability Request
Tax Map Key 7-3-017:024
This is in response to your request.
Please be informed that the Department can confirm that there are two (2)existing 5/8-inch meters
(Account Nos. 930-12630 and 930-126')9)assigned to the subject parcel.
For your information, one(1)unit of water allows for an average daily usage of 400 gallons served through a
5/8-inch meter, and is suitable for one(1)single-family dwelling.
Should there be any questions,please contact Mr. Troy Samura of our Water Resources and Planning Branch at
961-8070,extension 255.
Sincerely yours,
tkt�lw C)
Keith K. Okamoto,P.E.
Manager-Chief Engineer
TS:dfg
copy— DWS Customer Service Sections(Hilo, Kona)
. . . Water, Our Most (Precious Resource . . . Ka Wai,4 Kdne. . .
The Department of Water Supply is an Equal Opportunity provider and employer.
Exhibit B
LAND'* =!r 194 Wiwoole St. Hilo, HI 96720
PLANNING t'& (808) 333-3393
HAWA11 LLC info@landplanninghawaii.com
September 24, 2021
Mr. Jeffrey Darrow, Deputy Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Darrow:
Subject: Submission of Change of Zone Application
Applicant: Aaron Nuola Kahananui
Ooma Homesteads,North Kona,Hawaii, TMK: (3) 7-3-017: 024
Transmitted here for your review and processing is the submittal of an application requesting the
rezoning of a 0.992-acre parcel of land from the Agriculture (A-la)to the Residential (RS-15)
district. Also, an application requesting that the State Land Use Boundary designation be
changed from Agriculture to Urban is being submitted simultaneously for the subject parcel. The
subject property is located at 73-4413 Hawaii Belt Road, approximately 100 feet southeast of its
intersection with Kalaoa Street in Ooma Homesteads, Kailua-Kona, North Kona, Hawaii.
If approved, the applicant intends to subdivide the 0.992-acre parcel into two (2) lots, consisting
of approximately 0.5 acres each, for estate planning purposes.
The transmittal includes a) the application form and addendum; b) a letter of authorization
allowing my office to file the application on the landowners' behalf, c) a list of surrounding
property owners within one thousand (1,000) feet of the subject parcel; d) a certificate of tax
clearance from the Hawaii County Real Property Tax Office; e) a metes and bounds description
of the property; f) departmental questionnaire; and g) background& environmental report, which
includes the location and proposed site plan in the form of the Rezoning Exhibit Map. Further a
payment of$525.00 for the County filing fee will be paid via electronic check.
We trust that everything is in order for your acceptance and processing of this application. If not
or if there are questions relating to this matter,please feel free to direct them to me. Thank you
very much.
Sincerely,
JOHN PIPAN
Planning Administrator
Enclosures
Copy —Aaron Nuola Kahananui
Planninag Dept.
Exhibit 3
CHANGE OF ZONE APPLICATION'
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
legible
APPLICANT: Aaron Nuola Kahananui
> APPLICANT'S SIGNATURE: -DATE.
ADDRESS:- 734413 B. Hawaii Belt Road, Kailua-Kona, HI 96740
LIST APPLICANT'S INTEREST IF NOT OWNER:
LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS:
PHONE.-(Bus.) (808) 895-0523 _(Res.) (808) 329-1105 (Fax}
LANDONATNER(S):1) Aaron Nuola Kahananui, 2) Kaninau Kahananui, 3) Kahaunani Hernandez
LANDOWNER SIGNATURE(S): please see attached Addendum DATE:
('May
May be by letter')
LANDOWNER(S)ADDRESS: 1) 73-4413 B. Hawaii Belt Road, Kailua-Kona, HI 96740; -
2) 73-4413 A. Hawaii Belt Road, Kailua-Kona, HI 96740; 3) PO Box 230506, Las Vegas, NV 89105
REQUEST: A-1a TO RS-15
(E%isting zoning) (Proposed Zoning)
TAX MAP KEY: (3j7-3-017: 024
STREET ADDRESS OF PROPERTY*: 73-4413 Hawaii Belt Road, Kailua-Kona, HI 96740
-_--------------
SIZE OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED: 0.992 acres
AGENT: Land Planning Hawaii LLC
.ADDRESS: 194 Wiwoole Street, Hilo, HI 96720
.......................
TELEPHONE:(Bus,) (808) 333-3393 (Res.)_(Fax)
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Agent COPIES: Applicant
ADDENDUM TO CHANGE OF ZONE APPLICATION - TMK: (3) 7-3-017: 024
Landowner Signatures:
2
Aaron NuoKKahananui (Date)
0
Kaninau Kahananui (Date)
-1,1
K-a/haun'a'ni ernlandez (Date)
TO WHOM IT MAY CONCERN,
As landowners of parcel identified by TMK: (3)7-3-017: 024,we hereby consent and authorize
Land Planning Hawaii LLC to file and process a Change of Zone Application on our behalf.
-7/
Aaron Nuola Kahananui (Date)
Kaninau Kahananui (Date)
2,
Kahaunam Hern (Date)
ATTACHMENT
R esidentialR ezon:hg
PLANNING DEPARTMENT
COUNTY 0 F HAW All
APPLICATDN FOR CHANGE OF ZONE
1, Ifyourmquestis approved,do you Mend t subdivide
the subj�ctland h accordance with the approved change
ofzone? Yes
if yes,phase answerthe mstofquesthn 1 and then t
quesSn 3.
a. H ow m any acres of the requested area do you Mend to
subdi dde? 0.992 acres
b. IntD whatbtsizes? roughly 0.5 acres
C. if yourrequestis approved,appmxin ately how long
a$erthe date ofappmvaldo you expectto subm it
your subdivisbn plans to the Plann:hg Department Immediately
fDrpmlin Nary approval?
d. Do you Mend t build houses on the newly created
bts? No
if yes,phase answerthe fblbwing questins:
on how m any of those bts? N/A
Atwhatappmxin at pace range? House N/A
Lots N/A
Total N/A
Appmxin ately how bng,aterappmvalof
the subdivisbn,w ould the firsthouse be
available fDroccupancy? N/A
If you Mend to subdivide,plea se subm>ta
pmlin Nary schem atic subdivisbn plan together
with your change of zone applicatbn form .
2. If you have no firm plans ofsubdividiig the subj�ctarea,
do you Mend tD:
a. S ellor-base the land tD som eone who has firm
plans? N/A
b. S ellorbase the land tD som eone who has tentage
plans? N/A
S ellorbase the land tD som eone who has no plans? _ N/A
d, Keep jL? N/A
e. other ease state)
f. Ifyou aitend to do eithera,b,orc,please elaborate
on the kind ofplans the otherparty has.P base,also,
iiclude fn youranswerappmxin ately how soon ater
appmvalofyourrezon:hg do you expectta transferthe
subj�ctland tD anotherparty.
N/A
3. Do You thnk thatyourrequestand your furtherplans
brthe land willalbviate the bcalhous:hg sluatiDn? N/A
How?
N/A
4. Are there any buill>ngs on the subj�ctarea? Yes
If so, whatkhd?
Two (2) single-family residences: 1 ,486 and 2,832 square feet
whatdo you Mend to do with those buibiigs if your
requestis approved?
Lots will be distributed to family members for estate planning
-2-
5. Ts the subj�ctland cuimntly behg used fbrany
agrbuIum1actK7lty? No
If so,phase listihe kinds ofpmducts grown and on
how many square feetoracros of land perpmduct
N/A
6. To yourknowbdge,has there been any fbodiig and/or
di3-hage probbm on the subj�ctama? No
If so,phase descrbe the pmbbm .
N/A
Do you thhk thatthe roads badiig t the subj�ctama
needs in pmvem end No
Ifso,w hatkiid?
N/A
Ts the mad adequate forthe proposed traffic voham e
orbad? Adequate
8. W hatsortofgovemm entalassistance and/orin pmvem ents
do you feelwillbe needed in the subj�ctama when
developed?
yes iLo
a. S chools X
b. Roads X
Sewer X
j. D rahage X
e, police P mtection X
-3-
Yes N9
f Fire P mtection X
9. RecreatiDnalFacil1ieS X
h, PubltUthbes X
I . other X
Forthose checked "yes,"phase elaborate whattype orkinds of
in provem ent3 and/orassistance are needed.
S i4natiare John Pipan
Address: 194 Wiwoole Street, Hilo HI 96720
Te-bphone: 808-333-3393
D at: 9/17/2021
6337A/SOA -4-
PD .5M4
COUNTY ENVIRONMENTAL REPORT
COUNTY REZONING REQUEST (A-la to RS-15) &
COUNTY STATE LAND USE BOUNDARY AMENDMENT
(AGRICULTURE TO URBAN)
AARON NUOLA KAHANANUI
OOMA HOMESTEADS, NORTH KONA, HAWAI`I 96740
TMK: (3) 7-3-017:024
1
Table of Contents
I. INTRODUCTION..........................................................................................................4
II. PROJECT LOCATION.................................................................................................4
III. PROJECT DESCRIPTION...........................................................................................4
A. Project Concept and Components..............................................................................4
B. Project Timetable and Cost........................................................................................7
IV. INSTITUTIONAL CONSIDERATIONS ....................................................................7
A. State Land Use...........................................................................................................7
B. County General Plan..................................................................................................8
C. Kona Community Development Plan........................................................................8
D. County Zoning...........................................................................................................9
E. Relationship to SMA Objectives and Policies...........................................................9
F. Other Permitting Requirements ...............................................................................11
V. ENVIRONMENTAL CONSIDERATIONS ..............................................................11
A. General Description.................................................................................................11
B. Soils and Topography..............................................................................................11
C. Natural Hazards .......................................................................................................12
D. Flora/Fauna..............................................................................................................12
E. Historic/Cultural/Archaeological Resources ...........................................................14
F. Valued Cultural Resources ......................................................................................14
G. Water and Coastal Resources ..................................................................................15
H. Noise, Air Quality, and Dust ...................................................................................15
I. Scenic and Visual Considerations...............................................................................15
VI. SOCIAL AND RELATED CONSIDERATIONS .....................................................15
A. Surrounding Land Uses ...........................................................................................15
B. Economic Impacts....................................................................................................16
C. Agricultural Impacts ................................................................................................16
VII. INFRASTRUCTURAL CONSIDERATIONS ..........................................................16
A. Road.........................................................................................................................16
B. Water........................................................................................................................17
C. Wastewater...............................................................................................................17
D. Solid Waste..............................................................................................................17
E. Other Government Services.....................................................................................17
F. Other Utilities ..........................................................................................................18
2
VIII.IMPACT SIGNIFICANCE ANALYSIS....................................................................18
A. Relationship Between Local Short-Term Uses of Environment and Maintenance
and Enhancement of Long-Term Productivity...................................................................18
B. Irreversible and Irretrievable Commitment of Resources........................................18
C. Mitigative Measures ................................................................................................18
D. Alternatives to the Proposed Project........................................................................19
IX. REGULATORY ANALYSIS ......................................................................................20
A. General Plan LUPAG Map......................................................................................20
B. General Plan Polices................................................................................................20
C. Kona Community Development Plan......................................................................22
D. Zoning and Subdivision...........................................................................................22
E. State Land Use Agricultural Standards....................................................................23
F. Conformance to Urban District Standards................................................23
X. CONCLUSION.............................................................................................................25
Figures
1. Location Map...........................................................................................5
2. Rezoning Exhibit Map.................................................................................6
3. FIRM Map............................................................................................13
Exhibits
A. Wastewater system information
B. Department of Water Supply Consult
3
I. INTRODUCTION
Aaron Kahananui ("applicant")is requesting the rezoning of a 0.992-acre parcel of land in
Kailua-Kona, Hawaii from Agriculture (A-la)to Residential (RS-15). The property is
located at 73-4413 Hawaii Belt Road, approximately 100 ft southeast of its intersection
with Kalaoa Street. (Figure 1). If approved, the applicant intends to subdivide the 0.992-
acre parcel into two (2)lots, consisting of approximately 0.5 acres each, for estate planning
purposes (Figure 2).
The Kahananui Family has owned this property since the 1950s and the requested Change of
Zone, State Land Use Boundary Amendment, and subsequent subdivision would permit
independent ownership of the two homes on the property so that family members can use
them accordingly. No additional construction is planned, and it appears that very limited
infrastructure improvements would be required to achieve the subdivision. There are
virtually no expected adverse impacts relating to the proposed action.
The subject property has been the site of two single family residences for nearly thirty years
with the first residence built in 1961. The requested actions would bring the land use
designations into accord with the longstanding use and density of development on the
subject property.
Similar State Land Use Boundary Amendment and Rezoning applications have been
approved for nearby parcels, including Ordinance 2002-094 pertaining to TMK (3) 7-3-
5:097 approved a change of district classification from Agricultural to Urban and Ordinance
2002-095 approved a change of zone from A-5a to RS-15. As this project is very similar in
nature, it would be logical to grant approval.
II. PROJECT LOCATION
As noted earlier, the subject property is located off Hawaii Belt Road, approximately 100
feet southeast of its intersection with Kalaoa Street. (Figure 1). Vehicular access to the
property is from Kinoulu Street.
III. PROJECT DESCRIPTION
A. Proiect Concept and Components
The subject site consists of 0.992 acres and has two (2) single-family residences on
the lot. If approved, the applicant intends to subdivide the property into two (2)lots,
consisting of approximately 19,043 and 24,166 square-feet. The two (2)lots will
each contain one (1) of the existing single-family residences and supporting
infrastructure. Each proposed lot will be accessible from Kinoulu Street which
borders the property to the north.
4
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Figure 1
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$o\ /
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REZONING EXHIBIT
PROPOSED A-1 a TO RS-15 ZONING
MAP SHOWING
LOT 1 (REVISED)
Being o Portion of Gront 4343 to J.M. Lilinoe �>_
At Como 1st North Konog ,,,, ,
w •� � 12"' Island and County of Howoii, Stote of Howoii
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As stated above, the subject property has two dwellings: a 1,486 square foot three (3)
bedroom, one (1)bathroom home constructed in 1961, and a 2,832 square foot five
(5)bedroom, four(4)bathroom home built in 1992. There is also existing supporting
infrastructure including two (2) carports, one built in 1959 that is 888 square feet and
one built in 1990 that is 1,360 square feet.
Permitting History
Western (makai) home -in 1959 Permit No. 21471 and 21614 were issued for the
first dwelling on the subject parcel and in 1989, Permit No. 896004 was issued for a
1,440 square foot garage additon to the home.
Eastern (mauka) home - the second home was built in 1992 under Permit No.
925615, 925871 and 926553, which includes the dwelling, carport and new
catchment tank, respectively. Permit No. E2007-2254K was issued in 2007 for
upgrades to the existing electrical system.
The existing single-family residences and supporting infrastructure will remain under
the requested action, aside from minor improvements that may be required during the
lifespan of the existing dwellings. As stated above, the applicants' intention is to
rezone the land for family estate purposes, which includes distributing the lots to
family members.
It is understood that the subdivision plan submitted herein may have to be adjusted
prior to receipt of final subdivision approval to accommodate County subdivision
requirements and appropriate conditions of approval.
B. Proiect Timetable and Cost
The applicant hopes to secure County Rezoning and State Land Use Boundary
Amendment approval as soon as possible and begin the subdivision process
immediately thereafter.
Tentatively, plans call for having the land subdivided by mid-2022. The estimated
cost of improvements for this project will be minimal based on the necessary
improvements. No new access roads will be necessary for the proposed request.
Kinoulu street is a County owned and maintained road with existing permitted access
to the property and the two (2)lots upon approval. J1]JJP2]
IV. INSTITUTIONAL CONSIDERATIONS
A. State Land Use
The subject site is designated State Land Use Agriculture. This State Land Use
Boundary Amendment Application is being submitted to change the State Land Use
designation from Agriculture to Urban. Based on the size of the parcel no State Land
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Use Commission action is required. The County of Hawaii can process the rezoning
request.
A discussion of the extent to which the proposed reclassification conforms to the
applicable district standards is required for the State Land Use Boundary
Amendment Application can be found in Section IX of this report.
B. County General Plan
The County General Plan Land Use Pattern Allocation Guide ("LUPAG") map
designates the subject site as Low-Density Urban. This designation identifies land for
residential use with ancillary community and public uses, and neighborhood and
convenience-type commercial uses; overall residential density may be up to six (6)
units per acre. The proposed subdivision resulting in two (2)lots would be consistent
with the Low-Density Urban designation and no General Plan amendment would be
required to effectuate this project.
C. Kona Community Development Plan
The Kona Community Development Plan (KCDP) attempts to further define the
General Plan and serves as a guide for decision-makers. The KCDP designates the
subject parcel as part of the Kona Urban Area. The proposed change of zone request
is conducive to the following goals, objectives, and policies outlined in the KCDP as
amended by Ordinance 19-091 effective September 18, 2019:
Policy LU-1.2: Urban Area. The majority offuture growth in Kona shall be directed
to the Kona Urban Area shown on the Official Kona Land Use Map, which spans
from the Kona International Airport to Keauhou subject to the policies set forth
under Objective LU-2 Urban Area Growth Management.
Policy LU-1.4: Consistency with Land Use Pattern Allocation Guide (LUPAG).
The current LUPAG accommodates the vision and needs for the Kona CDP area
planning horizon and should be amended only for compelling reasons. Any rezoning
application shall be consistent with the LUPAG.
Objective LU-2: Urban Area Growth Management. Recognizing that the LUPAG
Urban Area is larger than needed in order to accommodate the projected growth
within the planning horizon,future growth within the Urban Area shall be
encouraged in a pattern of compact villages at densities that support public transit.
Policy LU-2.8 Development Outside Transit-Oriented Developments (TODs), but
within the Kona Urban Area. Development outside the TODs, but with the Kona
UA, may occur as follows:
2. b. Conventional Rezoning. Rezoning to other than TND, is subject to the
following guidelines:
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i. Consistency with LUPAG. Refer to Policy LU-1.3.
ii. Infill. Rezonings that promote infill are encouraged. The concept
of infill is to connect two or more pre-existing developments. Infill
rezonings should be conditioned to ensure connectivity to the
surrounding developments and, where applicable, to provide
mixed-use opportunities to make the area more walkable.
iii. "Greenfields"Rezoning. Rezoning anywhere within the Kona UA,
whether within or outside a TOD area designated on Figure 4-7
Official Kona Land Use Map, that is not a TOD, TND or infill
shall require an amendment to the Kona CDP.
c. State Land Use. Where a rezoning application meets the above criteria, the
County shall support a State Land Use Urban Boundary amendment for lands within
the County Urban Expansion Area.
As stated earlier, the rezone request would allow for the subdivision 0.992 acres of
previously developed land into two (2)lots, each over 19,000 square-feet, in order to
distribute between family members. One (1) existing single-family residence and
supporting infrastructure will be on each lot. As such, the applicant intends to make
minimal improvements to the existing infrastructure and minimal changes in land use
under this request. The subject property is located within the Kona Urban Area, near
its' eastern most extent, bordering the Rural area. It is outside any concurrency zone.
The proposed rezone is consistent with current LUPAG designation of Low-Density
Urban, and would be considered infill, and therefore consistent with relevant sections
of the KCDP.
D. County Zoning
The County Zoning of the subject property is Agriculture (A-la). The majority of the
surrounding properties are zoned A-la, A-3a, A-5a and A-20a. Nearby subdivisions
to the south have lot sizes of approximately 8,000 square-feet while maintaining A-
la zoning. RS-15 zoned lands exist approximately 0.5-miles to the north along with
many non-conforming 10,000 square foot lots with A-5a zoning along Kaiminani
Drive. RS-20 zoned lands exist approximately 0.3 miles to the south of the subject
property.
If approved, the site would be subdivided in a manner generally meeting with both
the Zoning and Subdivision Codes. Notwithstanding the subdivision requirements,
all uses and standards consistent with the requested (RS-15) zone would be adhered
to.
E. Relationship to SMA Obiectives and Policies
The site is located approximately 4.5 miles from the coastline and outside the County
Special Management Area (SMA). The entire island falls within the Coastal Zone
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Management(CZM) Area. Thus, a discussion of the request's relationship to the
CZM Program follows.
The site is not adjacent to the ocean. It sits approximately 4.5 miles from the
shoreline at an elevation of between 1,600 and 1,700 feet. As such, the proposed
action should not have any adverse impacts on the area's coastal recreational and
marine resources nor have any impacts on beach protection.
The likelihood of this improvement having any impacts on the area's historic
resources is not high as there are no known archaeological sites on the property. The
parcel has been developed and used for residential purposes for many years.
However, in the event any archaeological undocumented features are found during
any earth disturbance activity, work will stop within the affected area and
appropriate clearances from the State DLNR-SHPD and County Planning
Department will be secured before work resumes. If needed, an archaeological
monitoring program can be instituted during any land clearing activity.
The proposed rezone would not cause significant impacts to the area's scenic and
open space resources as there are two existing homes on the parcel and no
additional dwellings or improvements are planned at this time. Further, as the area
surrounding the site is largely residential and has a natural topography declining
from mauka to makai, any structures on the site should not visually affect any scenic
views of the adjacent properties or from Mamalahoa Highway.
Relative to Coastal Ecosystems,impacts should be negligible, if at all, as the site is
located approximately 4.5 miles from the ocean at 1,600 to 1,700-foot elevation.
Notwithstanding the distance, because the proposed rezone does not include
disturbance to the land or the construction of new dwellings and improvements,
impacts should be negligible.
The proposed action will result in subdividing the parcel into two (2)lots for estate
planning purposes. The subdivision would continue to provide residential use and
use of nearby businesses and public utilities. In so doing, the project could aid
overall economic use of this site and the area in general.
Because of its distance from the shoreline, the site should not be subject to coastal
hazards. Relative to the managing development objective, this function is more
applicable to the "authority" or approving agencies. However, it is noted that the
request would operate and be constructed within the scope of the Zoning Code. The
subject site would be zoned RS-15, and the requested use and design/parameters
(parking, height, setback, etc.)would be consistent with said zoning. In that regard,
the project would be consistent with this policy.
Finally, in terms of the public participation objective, this is generally a public
agency function. This is achieved through the Marine and Coastal Zone Management
Advisory Group (MACZMAG) and the public hearing process required pursuant to
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the Planning Commission's Rules and County Council's meetings on this
application. Notices of this application will become available through the posting of
a sign on the property, as well as sending two (2) notices to surrounding property
owners, one at the time the application is filed and again, prior to the public hearing.
Based on the foregoing, it is concluded that the requested improvements would be
consistent with the objectives, policies, and guidelines of the Coastal Zone
Management Policies, as outlined in Chapter 205-A-23, HRS and Planning
Commission Rule No. 9 relating to the Special Management Area.
F. Other Permitting Requirements
As noted earlier, additional permits may be required. Other permits would be of the
"ministerial" variety, such as Subdivision Approval, etc. As needed, these permits
will be obtained in order to follow county code.
V. ENVIRONMENTAL CONSIDERATIONS
A. General Description
The parcel is generally rectangular in shape and is accessed via Kinoulu Street,
which is a County owned and maintained road. Kinoulu Street serves as the main
access point for the subject parcel and neighboring parcels. There are currently two
(2) dwellings on the property.
The site is situated at the 1,600 to 1,700-foot elevation level. The property slopes
roughly from east to west, with a gradual decline from the south to the north, with
the highest point being at the southeastern end of the property. In spite of the
gradual rise, there does not appear to be any topographic constraints for future
development, improvements, and utilization.
Nearby properties are generally the same size, ranging from 8500-sq ft lots to 1.5
acre lots. The general area is primarily residential and agricultural.
The annual median rainfall for this area is approximately 45 inches. The average
daily temperature ranges from a minimum of 62 degrees to 78 degrees Fahrenheit.
Wind patterns are generally westerly during the day and easterly during the evenings.
B. Soils and Topography
According to the Natural Resource Conservation Service's Land Study Bureau
Overall Master Productivity Rating, the site has a designation of"C" or fair.
The soil for the subject site is of the Puuikaaka-Lava flows complex soils with 10 to
20 percent slopes. The soil consists of volcanic ash over pahoehoe lava flows. The
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soil is considered well drained with a very high runoff class and the erosion hazard is
undefined. The soil on site is not considered prime farmland.
According to the Agricultural Lands of Importance to the State of Hawaii (ALISH)
classification system, the site is unclassified.
As noted earlier, the topography of the site slopes in an east to west direction, with
the lowest portion being at the southwest end. The slope of the land appears to be
between 10 to 15 percent.
C. Natural Hazards
1. Drainage
The Federal Emergency Management Agency (FEMA)Flood Insurance Rate
map (FIRM) identifies the project area as Zone "Y' (areas outside of the 500-
year flood) (Figure 3). There are no identified existing drainage ways on the
site. The applicant has not observed any significant runoff or erosion in the
recent past on the subject site.
2. Volcanic, Earthquake and Tsunami Hazards
According to the United States Geological Survey maps, the project site is
located within Lava Flow Hazard Zone 4, on a scale of ascending risks 9 to 1.
All of Hualalai and the majority of the North Kona area falls in the Zone 4
category. The Building Code designates the entire Island of Hawaii
Earthquake Zone "D" and contains certain structural requirements to address
the relative seismic hazard. All structures would have to comply with this
standard.
3. Tsunami Hazard
As the site is located 4.5 miles from the coast and sits at 1,600 to 1,700-foot
elevation, it is located outside of the Civil Defense's Tsunami Evacuation
Zone.
D. Flora/Fauna
Although there were no professional surveys conducted of the floral or faunal
resources of the site, the applicant does not believe that rare or endangered floral or
faunal resources are likely to be found within the subject site.
Further, the suburban nature of the surrounding areas would make it less likely to
find endangered animal life in this area. It would be possible to find the Island-wide
ranging Hawaiian Hawk(`Io), Hawaiian Owl (Pueo), Hawaiian Goose (Nene), and
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;
Mtir
r�
BASEMAP: FIRM BASEMAP
Flood Hazard Assessment Report
www.hawaiinfip.org SPECIAL FLOOD HAZARD AREAS (SFHAs) SUBJECT TO INUNDATION BY
F THE 1% ANNUAL CHANCE FLOOD -The 1%annual chance flood (100-
� r �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 i� Zone A:No BFE determined.
TMK NO: (3)7-3-017:024 Zone AE:BFE determined.
WATERSHED: KEAHOLE
PARCEL ADDRESS: 73-4413 HAWAII BELT ROAD Zone AH:Flood depths of 1 to 3 feet(usually areas of ponding);
KAILUA KONA,HI 96740 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: 1551660730F 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 40 80 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 orinformation. Zone D: Unstudied areas where flood hazards are undeter-
mined, but flooding is possible. No mandatory flood insurance
If this map has been identified as'PRELIMINARY',please note that it is being provided for informational purposes purchase apply,but coverage is available in participating commu-
and is not to be used for flood insurance rating.Contact your county floodplain manager for flood zone determina- nities.
tions to be used for compliance with local floodplain management regulations.
Figure 3
the Hawaiian Hoary Bat on site, however this is not their main habitat. It is unlikely
that the proposed request would impact endangered animal life. The vegetation at the
proposed parcel is mainly decorative or agricultural in nature and include the
following: swiss cheese plant(Monstera deliciosa), morning glory, (Ipomea sp), ti
(Cordyline fruticosa), banana, coconut(Cocos nucifera) and other small fruit and
decorative plants. These plants are maintained and cultivated by the applicant and
used for landscaping and privacy.
In addition, introduced bird species (such as dove, Japanese white-eye, house finch,
myna) are common in this area. Domestic animals such as cats and dogs, and other
animals like rats, pigs and mongoose are also common. These are all common and
not endangered.
As such, it is unlikely that this request would cause any adverse floral or faunal
impacts.
E. Historic/Cultural/Archaeological Resources
Although there was no archaeological survey of the site, it is unlikely that
archaeological resources will be encountered. The subject property has been
developed in the past and no surveys were commissioned or needed. The applicant is
not seeking to further develop the land (besides minor improvements and
maintenance of the existing structures and dwellings). However, in the event
undiscovered archeological remains are found, any work in the immediate area
would cease and would only resume after proper clearances from the State and/or
County have been received.
F. Valued Cultural Resources
In view of the recent Hawaii State Supreme Court's "PASH" and"Ka Pa'akai O
Ka'Aina" decisions, the issue relative to native Hawaiian gathering and fishing
rights must be addressed. Specifically, there must be a discussion on the cultural,
historical and natural resources, as well as the associated tradition and customary
practices of this site. In this situation, the subject site is not adjacent and/or
proximate to the shoreline. As such, gathering of marine life and coastal access is not
an issue.
It is not known whether the subject or immediate surrounding area was used in the
recent past for the gathering of plants by Native Hawaiians. The applicant has not
observed any Native Hawaiians gathering plants on the site or the adjoining
properties. Thus, it would appear unlikely that the site would serve such purpose
today.
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In the event that legitimate gathering claims are made by Native Hawaiians, the
applicant intends to respect and honor such claims and provide the legal and needed
access within the site.
Based on the above, it does not appear that the project would have any potential
adverse impact relative to the cultural and historical resources of the area.
G. Water and Coastal Resources
The subject site is located approximately 4.5 miles from the coastline and sits at
approximately 1,600 to 1,700-foot elevation. As such, coastal impacts resulting from
discharge of wastewater systems from the site should not be significant. Further,
being a non-coastal property, no coastal access will be affected.
H. Noise,Air Quality, and Dust
The proposed rezone and subdivision should not generate any direct long-term noise
or air quality impacts. The applicants' intention is to subdivide the land and
distribute the two (2)lots and existing single-family residences to family members.
The subject property will continue to be used for residential purposes. No
improvements to the existing dwellings and supporting infrastructure are planned at
this time. If improvements are made in the future, they will be minimal and will
follow all rules and regulations as outlined in appropriate building permits. Under the
proposed request, no additional impacts to noise levels or ambient air quality will
occur outside of residential purposes.
L Scenic and Visual Considerations
In the Natural Beauty element of the General Plan, there are sites or areas listed as
being a scenic resource. The subject site is not listed as a scenic site, nor will the
proposed rezoning and subdivision action affect any of the scenic resources outlined
in the General Plan. Views from Hawaii Belt Road should not significantly change
as no additional improvements or construction is planned for the parcel.
VL SOCIAL AND RELATED CONSIDERATIONS
A. Surrounding Land Uses
The land use in this area is generally suburban in nature with single-family dwellings
and small-scale farms. Nearby subdivisions to the south have lot sizes of
approximately 8,000 square-feet while maintaining A-la zoning. RS-15 zoned lands
exist approximately 0.5-miles to the north along with many non-conforming 10,000
square foot lots with A-5a zoning along Kaiminani Drive. RS-20 zoned lands exist
approximately 0.3 miles to the south of the subject property.
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Further, there are several rezonings in the nearby area from Agriculture (A-la, A-3a
and A-5a)to Urban (CN-10, CN-20, RS-20 and RS-15)including:
• Ordinance 1983-54 pertaining to TMK (3) 7-3-05:027 approved a change of
district classification from Agricultural to Urban and a change of zone from
A-1 a to CN-20.
• Ordinance 1984-71 pertaining to TMK (3) 7-3-07:034 approved a change of
district classification from Agricultural (A-3a)to Single Family Residential
(RS-20).
• Ordinance 1999-88 pertaining to TMK (3) 6-3-05:089 approved a change of
district classification from Agricultural (A-5a)to Family Residential (RS-20).
• Ordinance 2002-026 pertaining to portions of TMK (3) 7-3-5: 032 and 033
approved a change of district classification from Agricultural to Urban and
Ordinance 2002-031 approved a change of zone from A-5a to CN-10
• Ordinance 2002-094 pertaining to TMK (3) 7-3-5:097 approved a change of
district classification from Agricultural to Urban and Ordinance 2002-095
approved a change of zone from A-5a to RS-15
B. Economic Impacts
The requested zoning would have some measure of economic impact, as it would
divide the current parcel into two (2) separate lots to be used for residential purposes.
The project will continue to aid the general economy and the overall economic use of
the site and the surrounding area: gas stations, convenience stores, area businesses,
etc.
C. Agricultural Impacts
The site has a LUPAG designation of Low-Density Urban and has not had any recent
agricultural activities. The soil quality and topography of the subject parcel makes it
unsuited for most intensive commercial agriculture. As previously stated, a State
Land Use Boundary Amendment Application is being submitted concurrently with
this application to allow an Urban land use designation. Given the nearby land use
combined with the difficulty of the parcel for intensive agriculture, a residential
zoning would be consistent with the sought land use designation and other zonings in
the adjacent area.
VII. INFRASTRUCTURAL CONSIDERATIONS
A. Road
Access to the project would be from Kinoulu Street, via Kalaoa Street. The subject
property is located approximately 100 feet away from Kalaoa Street's intersection
with Hawaii Belt Road. Kinoulu Street is a County owned and maintained roadway
with a 20-foot-wide Right-of-Way and approximately 12-foot pavement width that
serves as the primary access to the subject property. The subject property has
approximately 450 feet of frontage on Kinoulu Street along its northern boundary.
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A Traffic Impact Analysis has not been performed for the planned subdivision. For
the number of proposed lots (2), much less than 50 peak hour vehicular trips are
anticipated. Currently, the traffic to and from the parcel is residential, and will not
change with the subdivision of the property.
B. Water
According to consultation with the Department of Water Supply, adequate water is
available to the site for the proposed subdivision (Exhibit B).
Additionally, a new catchment tank was built on the property in 1992 under Permit
No. 926553 and received final inspections.
C. Wastewater
There is no County wastewater system in this area. The two (2) existing single-
family residences and supporting infrastructure are served by permitted Individual
Wastewater Systems (Exhibit A). Wastewater levels are not expected to change
under the proposed request as the residential land use will remain very much the
same.
D. Solid Waste
Solid waste will be handled through commercial haulers or the individual
homeowners into authorized landfill sites or transfer stations. Solid waste generation
will remain comparable to current levels under the existing single-family dwellings
and supporting infrastructure. As noted earlier, no improvements to the existing
homes are planned at this time, therefore, the property will operate similarly under
this request. With the requested RS-15 zoning, the potential for uses with toxic or
related chemical waste would be minimal, if at all.
E. Other Government Services
As this property is a part of the Kailua-Kona Urban Area, no extension of
government services would be required. The nearest Police Station is approximately
6 miles away and the nearest Fire Station, Library, and Public School is
approximately five miles away. In addition, there are recreation facilities in the
general area as well.
As such, the project should not result in the extension of any government services.
Further, the required public facilities are located reasonably proximate to the subject
site.
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F. Other Utilities
Utilities such as telephone and electric power are available to the site and are used
for the existing single-family residences and supporting infrastructure. No other
additional utilities will be required at this time. However, if additional utilities are
needed, proper permitting and approval will be sought out by the landowner.
VIII. IMPACT SIGNIFICANCE ANALYSIS
A. Relationship Between Local Short-Term Uses of Environment and
Maintenance and Enhancement of Long-Term Productivity
If the request were denied, the use of the land would remain the same. The use would
continue to be residential but the applicant would not be able to equally share the
land to his family for estate purposes.
From a long-term standpoint, the proposed project would allow members of the
applicants' family to utilize the properties according to their own visions and goals.
The properties could continue to be passed down for generations. The proposed
rezoning also increases economic opportunity through future selling of one or both
parcels.
B. Irreversible and Irretrievable Commitment of Resources
As the site has been relatively disturbed in the past, it is not likely that its
development would result in an irreversible commitment of natural or archaeological
resources.
The soil on the parcel has a classification of C, or fair, by the Land Study Bureau.
The potential for viable commercial agricultural use of the property is limited by the
size and shape of the parcel along with longstanding residential use of the majority
of the property.
Although no archaeological survey was commissioned by the applicant, due to the
nature of the request and no current plans to further develop the land, it is unlikely
that major impacts to these resources would occur.
C. Mitigative Measures
The applicant intends to make minimal improvements, generally consistent with the
subdivision process. If there is any construction activity, contractors will be
obligated to comply with appropriate State noise and air quality�standards.ksi
However, no additional construction activity is planned for the parcel at this time.
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Should unanticipated archaeological finds be discovered in conjunction with any
further development of the site, work will stop (as is required by the State and
County) and clearance will be secured before work is resumed.
There is no existing drainage way on the property. Any and all required grading or
grubbing work would be done in conjunction with the required permits. This is to
assure that the development of this site does not adversely affect the drainage of
surrounding properties or downstream water quality. However, no additional
developments or additions are anticipated for the subject site at this time
Finally, there will be no person or businesses to be dislocated by this project.
D. Alternatives to the Proposed Proiect
1. No Proiect
Under the status quo alternative, the parcel would continue in its current
state, with two (2) single-family residences and supporting infrastructure. The
applicant would not be able to subdivide the parcel for estate purposes and
pass it down to family members.
2. Alternative Density
Under this alternative, the applicant could seek a denser zoning, such as RS-
10 zoning. There are practical difficulties relating to subdivision layout with
the existing development that make this alternative less desirable.
RS-20 zoning was also considered, however given the location of the
proposed new lot line between an existing structure for proposed lot 1-A and
a septic system leach field area for the home on the proposed lot 1-13, the
smaller of the two proposed lots (1-13) cannot be made greater than 20,000
square feet and maintain proper setbacks to structures on lot 1-A without
moving or removing a portion of that structure.
3. Evaluation of Alternatives
The project's impacts to the area's social and physical infrastructure would
not be pronounced. Certain mitigative measures could be taken to address
any possible impacts associated by the development of this project. Further,
the project would be consistent with the land use objectives sought to be
accomplished by the County General Plan LUPAG map.
In view of the aforementioned, it would appear that none of the alternatives
would be more prudent and beneficial than the requested RS-IS alternative.
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IX. REGULATORY ANALYSIS
A. General Plan LUPAG Map
The General Plan provides for the long-range comprehensive development of the
Island of Hawaii. It provides direction for balanced growth in the County. The
LUPAG map designates the site Low Density Urban. This designation allows the
requested RS-15 zoning without a General Plan amendment.
B. General Plan Polices
The requested zoning would be consistent with the goals, policies, and standards of
the General Plan document.
For one, it may provide economic opportunities. The subdivision of the parcel would
increase real property value. In doing so, the resultant project should add revenues to
the County and State coffers.
The nature of the proposed request is conscious of energy resources as no
improvements to the two (2) single-family residences or related infrastructure is
planned at this time. Energy use will be consistent with existing levels as the
property has operated in a residential manner for many years and intends to continue
at the same rate.
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 violate any of those objectives.
Aside from the very limited vehicular transmission, air pollution associated with the
project should be negligible. All waste water would continue to be handled by
Individual Wastewater Systems approved by the Department of Health. This,
combined with the remoteness of the property to the coast, should be sufficient to
address any potential groundwater or coastal water impacts.
If required, while not necessary for a project of this nature and size, a solid waste
management plan could be prepared and implemented. The project will also be
minimal in noise, except what may be associated with the general residential use.
Any noise-generating facility, such as air conditioners, would be carefully placed to
minimize their noise impacts to adjoining properties.
The project site is outside the boundaries of a flood way. The two (2) single-family
residences and supporting infrastructure have been in place for many years without
drainage issues. Nonetheless, if required, a drainage system will be designed and
constructed (especially in conjunction with the subdivision approval process)in a
20
manner to protect the property as well as to minimize the volume of surface runoff if
determined to be appropriate.
There are no known archaeological resources on the site and previously
undocumented sites are not anticipated to be encountered. Nonetheless, work will
cease if unanticipated archaeological remains are discovered during the development
of this project. Work will resume only after proper clearances from the State and/or
County have been received.
While there have been sightings of the Hawaiian Hawk(Io) and Hawaiian short-
eared owl (Pueo), this area, it is not their primary habitat. As such, the subject
project should not have any significant impacts on rare or endangered plant or animal
life in this area.
The proposed RS-15 zoning will help fulfil the objectives of the housing element by
creating an additional lot available for residential uses. The Plan also emphasizes that
developments be mindful of an area's natural beauty. The subject parcel has been
used residentially for many years and fits in with the surrounding natural terrain and
beauty of the neighborhood and its surrounding parcels.
As the project site is approximately 4.5 miles from the ocean and has an elevation of
1,600— 1,700 feet, the usual coastal resources concern is not pronounced. There
will be no interference with shoreline access. Further, through the use of permitted
wastewater disposal methods, impacts to coastal waters will be minimized.
There will be marginal impact to public facilities. Vehicular access to the site meets
County standards and the site is accessible by emergency vehicles. Schools and other
public facilities are also located proximate to the site, most of them being less than 5
miles away.
Finally, in terms of the Land Use and Housing elements,the pertinent goals,
policies, and standards of the General Plan note the following:
• Designate and allocate land uses in appropriate proportions and mix and
in keeping with the social, cultural, and physical environments of the
County. (Land Use Element)
• Encourage a volume of construction and rehabilitation of housing
sufficient to meet growth needs and correct existing deficiencies.
(Housing Element)
• Allocate appropriate requested zoning in accordance with the existing or
projected needs of neighborhood, community, region and County. (Land
Use Element)
21
• Encourage the development and maintenance of communities meeting the
needs of its residents in balance with the physical and social environment.
(Land Use Element)
• 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.
Discussion
In view of the foregoing goals and policies, it is noted that the requested zoning
would be generally compatible with the surrounding area. There are many RS-10 and
RS-15 zoned lots not far from the subject site.
As Kona and its surrounding area continues to grow, there will be a need for more
residentially zoned lands. The proposed request reflects this demand. The subject
project, in addition to attempting to meet this need, also fulfills other policies and
standards articulated in the General Plan. The site is already serviced by adequate
infrastructure including police and fire protective services and all other utilities
already in operation for the site. As such, this development should not require
additional public services.
The soil of the site is classified as "C" or fair by the Land Study Bureau and not
conducive to commercial agriculture given the size, slope and existing development
on the property.
The property has no severe topographic or geologic problems that would render the
land unusable for the proposed subdivision and activity. The prospects of the site
serving as a habitat for rare or endangered plant or animal life appear remote.
Likewise, surface and subsurface archaeological remains do not appear to be likely
on this site.
C. Kona Community Development Plan
The Kona Community Development Plan (KCDP) attempts to further define the
General Plan and serves as a guide for decision-makers. The subject property is
located within the Kona Urban area and as it is surrounded by developed properties
on all sides and is a good candidate for infill. More detail on the proposed project's
relationship to the KCDP can be found in section IV. C. of this report.
D. Zoning and Subdivision
The designated zoning of the site is A-la. Should the RS-15 zoning be approved, the
requirements of the zoning and subdivision codes would generally be complied with,
22
including use and related development standards. These include the possible
incorporation of appropriate restrictive covenants relating to density, use, and design
restrictions.
E. State Land Use Agricultural Standards
The State Land Use Designation is Agricultural, however the State Land use
Boundary Amendment Application submitted herein requests a State Land Use
Designation of Urban. The requested rezoning to RS-15 is contingent on the
successful amendment of the SLU from Agricultural to Urban this request is
discussed in detail in the following section.
F. Conformance to Urban District Standards
The proposed State Land Use Boundary Amendment conforms to Hawai'i Revised
Statutes Chapter 15-15 Section 18 as amended October 11, 2013 in the following
ways:
Urban lands shall include lands characterized by "city-like" concentrations of people,
structures, streets, urban level of services and other related land uses;
Evaluation of district conformance shall take into consideration the following
specific factors:
• Proximity to centers of trading and employment except where the
development would generate new centers of trading and employment.
The subject property is part of the Kona Urban Area as defined in the Kona
Community Development Plan. Nearby Kailua-Kona commercial and
industrial zones are major centers for trading and employment in the District.
Further, The Ellison Onizuka Kona International Airport, and major resort
areas are nearby the subject parcel.
• Availability of basic services such as schools, parks, wastewater systems,
solid waste disposal, drainage, water transportation systems, public utilities,
and police and fire protection; and sufficient reserve areas for foreseeable
urban growth.
As this property is part of the Kailua-Kona Urban Area, no extension of
government services would be required. There is a Fire Station, Police
Station, Public School, Library and a gas station all located within 5 to 6
miles of the subject site. In addition, there are recreation facilities in the
general area as well. County water service is available to the site. Further,
significant future urban development is planned for the Kona Urban Area as
detailed in the Kona CDP.
23
• It shall include lands with satisfactory topography, drainage, and reasonably
free from the danger of any flood, tsunami, unstable soil condition, and other
adverse environmental effects.
There are no serious topographic conditions making the property unsuitable
to urban development. The development of surrounding lands attests to the
suitability of the land for residential use.
• Land contiguous with existing urban areas shall be given more consideration
than non-contiguous land, particularly when indicated for future urban use on
state or county general plans or county community plans or development
plans.
The County of Hawaii General Plan Land Use Pattern Allocation Guide map
(LUPAG) defines the subject parcel as Low-Density Urban. The Kona
Community Development Plan includes the subject parcel within the Kona
Urban Area.
• It may include lands which do not conform to the standards in paragraphs (1)
to (5): When surrounded by or adjacent to existing urban development; and
only when those lands represent a minor portion of this district.
Though the subject parcel substantially conforms to the criteria listed above,
the subject parcel is also near existing urban (residential and commercial)
development and would represent a minor portion of this district.
• It shall not include lands, the urbanization of which will contribute toward
scattered spot urban development, necessitating unreasonable investment in
public infrastructure or support services.
The subject parcel is proximate to the urban center of Kailua-Kona and
within the Kona Urban Area and will not contribute to scattered spot urban
development. The development and improvements on the subject site will
remain largely the same as it has operated over many years. No new
improvements are associated with the proposed request at this time. No
additional investments in public infrastructure or support services would be
required.
• It may include lands with a general slope of twenty percent or more if the
commission finds that those lands are desirable and suitable for urban
purposes and that the design and construction controls, as adopted by any
federal, state, or county agency, are adequate to protect the public health,
welfare and safety, and the public's interests in the aesthetic quality of the
landscape.
24
This criterion does not apply as the subject property has generally 10 to 20%
slope.
X. CONCLUSION
Based on the consistency of the proposed change of zone request with the County's land use
policies, approval of this request would be logical and reasonable.
The requested density is consistent with the surrounding area and properties. The alternative
of leaving the land in Agricultural zoning would not be a reasonable option and would
greatly limit its potential use. While other zonings of a residential and/or agricultural nature
could be achieved, the requested RS-15 zoning is the most sensible.
25
JAN 2 1 19M
AQUA / WASTE ENGINEERS
Reid&Associates Inc. P.O.Box 1686 • KAILUA-KONA,HAWAII •96745
TELEPHONE:(808)329-8266 •FAx(808)326-7767
January 19, 1993
IN HAWAII 1-(800)-634-3247
Mr. Dennis Tulang, Chief
Wastewater Branch
Five Waterfront Plaza °'\�' JAN 2 5 1993
500 Ala Moana Blvd., Suite 250 I'
Honolulu, HI 96813 �-
SUBJECT: Individual Wastewater Systems (IWS) for the Kahananui Residence
Mamalahoa Highway, Ooma, North Kona District, Hawaii County,
(TM& 7-3-17:24)
File No. 1460
Gentlemen:
Submitted for your review and approval is the "As-built" site plan, L-3, for the George
Kahananui residence. Please note that a 1250 gallon polyethylene septic tank manufactured
by Roto-tech Industries, supplied by Ono Septic Systems (detail T-1 enclosed), was
substituted for the approved tank. Also enclosed is verification of the soil replacement,
and low flow plumbing fixtures, i.e, invoices, along with the signed contractor form.
If you have any questions or desire additional information, please do not hesitate to call.
Sincerely,
AQUA/WASTE ENGINEERS
Ken Lo
Project E eer
001-146-92
Attach.
GG HUM NEW 12 HUM DG CAR, Ij N H! 311) mol III vm
George Kahananut, PO Pox 2797, Kailua-Kona, KI 96745
Specialists In Water and Wastewater Planning,Engineering and Construction Management Exhibit A
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PAR0110,11160 AKA.OI.1745 =WON SCALE:1" = 40' DATE: January 15,1993
Exhibit A
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19 49
DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAVI
345 KEKUANAO'A STREET, SUITE 20 - HILO, HAWAI'l 96720
TELEPHONE (808)961-8050 - FAX(808)961-8657
September 8, 2021
Mr. John Pipan
Land Planning Hawaii,LLC
194 Wiwo'ole Street
Hilo, HI 96720
Dear Mr. Pipan:
Subject: Water Availability Request
Tax Map Key 7-3-017:024
This is in response to your request.
Please be informed that the Department can confirm that there are two (2)existing 5/8-inch meters
(Account Nos. 930-12630 and 930-126')9)assigned to the subject parcel.
For your information, one(1)unit of water allows for an average daily usage of 400 gallons served through a
5/8-inch meter, and is suitable for one(1)single-family dwelling.
Should there be any questions,please contact Mr. Troy Samura of our Water Resources and Planning Branch at
961-8070,extension 255.
Sincerely yours,
tkt�lw C)
Keith K. Okamoto,P.E.
Manager-Chief Engineer
TS:dfg
copy— DWS Customer Service Sections(Hilo, Kona)
. . . Water, Our Most (Precious Resource . . . Ka Wai,4 Kdne. . .
The Department of Water Supply is an Equal Opportunity provider and employer.
Exhibit B
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
H I LO, HAWAI I
DATE- October 18, 2021
ftoxft"464W
TO- Zendo Kern Planning Director
FROM: " Department of Public Works, Engineering Division
SUBJECT: STATE LAND USE BOUNDARY AMENDMENT ( PL-SLU-2021- 000002)
CHANGE OF ZONE APPLICATION (PL-REZ-2021- 000011)
Request- A-1 a to RS-15
Applicant- Aaron Nuola Kahananui
TMK- 7-3-017.024
We have reviewed the subject application forwarded by your memo dated October 18,
2021, and offer the following comments for your consideration-
1. All earthwork activities including grading, grubbing, and stockpiling shall conform
to Chapter 10, Erosion and Sedimentary Control, of the Hawaii County Code.
2. Access to the subject property via Kinoulu Street and Old Government Mauka
Road are both classified as a "road-in-limbo". Although there is access through
these Right-of-Ways, it has not been maintained by any government entity in
recent years. Furthermore, there is no assurance that it will ever be subject to
such maintenance.
3. All development-generated runoff shall be disposed of on site and not directed
toward any adjacent properties. A drainage plan may be required by the Plan
Approval process in accordance with Section 25-2-72(3) of the Hawaii County
Code.
4. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate
Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is
an area determined to be outside the 500-year floodplain.
Questions may be referred to Bryce Harada at 961-8042.
Planning Dep -
C x 1_i b i t 4, County of Hawaii is an Equal Opportunity Provider and Employer
Mitchell D. Roth Kornai I,Mansour
Mayor «: .» Director
Lee E. Lord Rrendla D. lo�epa-Moses
rE H*
Managing Director OF N Deputy Director
County of Hawaii
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kek0an5o'a Street,Suite 41 • Hilo, Hawaii 96720
Ph:(808)961-8083 . Fax:(808)961-8086
Email: cohdem@hawaiicounty.gov
MEMORANDUM
TO: Zendo Kern, Director
Planning Department
FROM: R amzi I. Mansour, Director
Department of Environmental Management
DATE.: November 29, 2021
SUBJECT: State Land Use Boundary Amendment (PL-SLU-202 1.-000002)
Request: Agricultural to Urban
Change of Zone Application (PL-REZ-2021-000011)
Request: Agricultural-1 Acre (A-1a) to Residential 15,000 Square Feet
(RS-15)
Applicant: Aaron Nuola Kahananui
Tax Map Key: 7-3-017:024
This memo supersedes and corrects the previous memo dated October 22, 2021.
The Solid Waste Division has reviewed the subject application and offers the following
comments and/or recommendations (contact the Solid Waste Division for details):
( ) No comments.
(X ) Commercial operations, State and Federal agencies, religious entities and non-profit
organization may not use transfer stations for disposal.
( ) Aggregates and any other construction/demolition waste should be responsibly reused to
its fullest extent.
( ) Ample and equal room should be provided for rubbish and recycling.
(X ) Green waste may be transported to the green waste sites located at the West Hawaii
Organics Facility and East Hawaii Organics Facility, or other suitable diversion.
programs.
(X) Construction and demolition waste is prohibited at all County Transfer Stations.
( ) Submit Solid Waste Management Plan in accordance with attached guidelines.
Existing Solid Waste Management Plan is to be followed. Provide update to the
department on current status.
Other:
Planning Dept. County of Hawai°i is an Equal opportunity Provider and Employer
Exhibit 5
Ramzi I. Mansour, Director
November 29, 2021
Page 2
The Wastewater Division has reviewed the subject application and offers the following
comments and/or recommendations (contact the Wastewater Division for details):
No comments.
Require connection of existing and/or proposed structures to the public sewer in
accordance with Section 21-5 of the Hawaii County Code.
Require Council Resolution to approve sewer extension in accordance with Section 21-
26.1 of the Hawaii County Code, Complete Sewer Extension Application.
Require extension of the sewer system to service the proposed subdivision in accordance
with Section 23-85 of the Hawaii County Code.
Check or line out as applicable: [ ] If required by the Director of the Department of
Environmental Management ("Director of DEM"), [ ] applicant shall conduct a sewer
study in accordance with the applicable wastewater system design standards prior to
approval to connect to the County sewer system. Applicant shall provide such sewer line
or other facility improvements as the Director of DE M may reasonably require, which the
sewer study may indicate are advisable for mitigation of impacts of the proposed project.
Contact Wastewater Division Chief for details.
Proposed activity may be subject to existing or future federal, state, or county regulation
under Title 40 CFR 403.5, prohibiting discharge of certain pollutants into publicly owned
treatment works. Contact the Hawaii Department of Health for information regarding
pretreatment standards.
X) Applicant shall follow Department of Health regulations.
) Other:
RM:pIs
2
SLZAN-NE D.CASE
or N _ CHAIRPERSON
DAVID Y.IGE 'C�'.°pje '9 Jy- BOARD OF LAND ANDNATURAL RESOURCES
GOVERNOR OF HAWAII q'9�. COMMISSION ON WATER RESOURCE MANAGEMENT
o
I � �
I ROBERT K.MAST-DA
pNa FIRST DEPUTY
NL KALEO MANUEL
m 8 DEPUTY DIRECTOR-WATER
AQUATIC RESOURCES
BOATINGAND OCEAN RECREATION
\ BUREAU OF CON TYANCES
\\ COMMISSION ON WATER RESOURCE MANAGEMENT
STATE OF HAWAII NgwAt` CONSERVATION AND COASTAL LANDS
DEPARTMENT OF LAND AND NATURAL RESOURCES CONSERVATION ANDRESOURGES ENFORCEMENT
ENGINEERING
FORESTRY"AND WILDLIFE
DIVISION OF FORESTRY AND WILDLIFE HISTORIC PRESERVATION
1151 PUNCHBOWL STREET,ROOM 325 KAHOOLAWE ISLAND RESERCE COMMISSION
LAhD
HONOLULU,HAWAII 96813 STATE PARKS
November 12, 2021
MEMORANDUM Log no. 3387
TO: RUSSELL Y. TSUJI, Administrator
Land Division
FROM: DAVID G. SMITH, Administrator
Division of Forestry and Wildlife
SUBJECT: Division of Forestry and Wildlife Comments on an Application for Change of
Zone (PL-REZ-2021-000011) from Agricultural to Residential and a State
Land Use Boundary Amendment Request (PL-SLU-2021-000002) for change
from Agricultural District to Urban District
The Department of Land and Natural Resources,Division of Forestry and Wildlife(DOFAW)has
received your inquiry regarding 1) an application(PL-REZ-202 1-000011)requesting the rezoning
of land from a Agriculture-1 Acre (A-la) to a Residential-15,000 sf (RS-15) district, and 2) an
application (PL-SLU-2021-000002) simultaneously requesting State Land Use Boundary
designation be changed from Agriculture to Urban for a property located at 73-4413 Hawaii Belt
Road, Kailua-Kona, Island of Hawaii, TMK: (3) 7-3-017: 024. The proposed project consists of
subdividing a 0.992-acre parcel into two (2) lots, each approximately 0.5 acres in area, for estate
planning purposes. Although no construction is planned at this time, the county environmental
report does state that limited infrastructure improvements would be required to achieve the
subdivision. We therefore provide the following recommendations.
The State listed Hawaiian Hoary Bat or `Ope`ape`a(Lasiurus cinereus semotus) could potentially
occur in the vicinity of the project and may roost in nearby trees. Any site clearing that might be
required should be timed to avoid disturbance during the bat birthing and pup rearing season (June
1 through September 15). During this period, no woody plants greater than 15 feet (4.6 meters)
tall should be disturbed, removed, or trimmed. Barbed wire should be avoided for any
improvement work as bat mortalities have been documented as a result of becoming ensnared by
it during flight.
Artificial lighting can adversely impact seabirds that may pass through the area at night by causing
disorientation. This disorientation can result in collision with manmade structures or grounding of
birds. For nighttime lighting that might be required in the future, DOFAW recommends that all
lights be fully shielded to minimize impacts. Any nighttime work that might require outdoor
lighting should be avoided during the seabird fledging season from September 15 through
December 15. This is the period when young seabirds take their maiden voyage to the open sea.
For illustrations and guidance related to seabird-friendly light styles that also protect the dark,
Planning Dept. starry skies of Hawaii please visit: hM2s:Hdlnr.hawaii.gov/wildlife/files/2016/03/DOC439.pdf.
Exhibit 6
The project area falls withing the historic range of the State listed Blackburn's Sphinx Moth(BSM;
Manduca blackburni).Larvae of BSM feed on many nonnative hostplants that include tree tobacco
(Nicotiana glauca)which grows in disturbed soil. We recommend contacting our Hawaii Branch
DOFAW office at(808) 974-4221 for further information about where BSM may be present and
whether a vegetation survey should be conducted to determine the presence of plants preferred by
BSM. To avoid harm to BSM,DOFAW recommends removing plants less than one meter in height
or during the dry time of the year. If you intend to remove tree tobacco over one meter in height
or disturb the ground around or within several meters of these plants they must be checked
thoroughly for the presence of eggs and larvae.
State listed Hawaiian Goose or Nene (Branta sandvicensis) could potentially occur in the vicinity
of the proposed project site. It is against State law to harm or harass this species. If Nene are
present during construction activities, all activities within 100 feet(30 meters) should cease, and
the bird(s) should not be approached. Work may continue after birds leave the area of their own
accord. If a nest is discovered at any point,please contact the Hawaii Branch DOFAW Office at
(808) 974-4221.
The State listed Hawaiian Hawk or `Io (Buteo solitarius) may occur in the project vicinity. If any
trees are to be cut, DOFAW recommends surveying the area to ensure no Hawaiian Hawk nests
are present. `Io nests may be present during the breeding season from March to September.
DOFAW recommends minimizing the movement of plant or soil material between worksites, such
as in fill. Soil and plant material may contain invasive fungal pathogens(e.g.,Rapid `Ohi`a Death),
vertebrate and invertebrate pests (e.g.,Little Fire Ants), or invasive plant parts that could harm our
native species and ecosystems. We recommend consulting the Big Island Invasive Species
Committee (BIISC) at(808) 933-3340 in planning, design, and construction of the project to learn
of any high-risk invasive species in the area and ways to mitigate spread. All equipment,materials,
and personnel should be cleaned of excess soil and debris to minimize the risk of spreading
invasive species. Gear that may contain soil,such as work boots and vehicles,should be thoroughly
cleaned with water and sprayed with 70% alcohol solution to prevent the spread of Rapid `Ohi`a
Death and other harmful fungal pathogens.
We appreciate your efforts to work with our office for the conservation of our native species.
Should the scope of the project change significantly, or should it become apparent that threatened
or endangered species may be impacted, please contact our staff as soon as possible. If you have
any questions, please contact Paul Radley, Protected Species Habitat Conservation Planning
Coordinator at(808) 295-1123 or paul.m.radleyghawaii.gov.
Sincerely,
Orb
DAVID G. SMITH
Administrator
Og wATER,S
Is i+8
DEPARTMENT OF WATER SUPPLY - COUNTY OF HAWAII
345 KEKIJANA0'ASTREET, SUITE 20 • HILO, HAWAI'I 96720
TELEPHONE (808) 961-8050 - FAX (808) 961-8657
October 27, 2021
00H PLANNING D PT
OCT 28 2021 PIh2:00
TO: Mr. Zendo Kern, Director R C'D HAND DELIVERED
Planning Department
FROM: Keith K. Okamoto, Manager-Chief Engineer
SUBJECT: State Land Use Boundary Amendment(PL-SLU-2021-000002)
Request—Agricultural to Urban
Change of Zone Application (PL-REZ-202 1-000011)
Request—Agricultural-1 Acre (A-la) to Residential-15,000 Square Feet(RS-15)
Applicant—Aaron Nuola Kahananui
Tax Map Key 7-3-017:024
We have reviewed the subject application and have the following comments and conditions.
Please be informed that there are two(2) existing meters (Account Nos. 930-12639 and 930-12640)
assigned to the subject parcel.
The Department requests that the applicant designate, in writing, which lot within the proposed
subdivision will be assigned the existing service, prior to recommending final subdivision approval.
Should the existing meter or service lateral not front the parcel that it will serve,the existing meter or
service lateral would need to be relocated to comply with the Department's Rules and Regulations.
The Department requests that the plat map be revised to show the existing meter locations with the
meter numbers.
For the applicant's information, final subdivision approval will be subject to compliance with the
following requirements:
1. Construct necessary water system improvements, which shall include, but not be limited to,
the following:
a. installation of a fire hydrant within 300 feet of each proposed 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.
Planning Dept. . . . Water, Our 9iost ftecious source. . . YA Wai q Kane. . .
Exhibit 7 The Department of Water Supply is an Equal opportunity provider and employer.
Mr. 71ndo Kern, Director
Page 2
October 27, 2021
Construction plans showing the above improvements and prepared by a licensed professional engineer.
registered in the State of Hawaii, must be submitted for review and approval.
Should there be any questions, please contact Mr. Troy Samura of our Water Resources and
Planning Branch at (808) 961-8070, extension 255.
Sincerely yours,
"M*
Keith.K. Okamoto, P.E.
Manager-Chief Engineer
TS:dfg
copy — Mr. Aaron Nuola Kahananui