HomeMy WebLinkAboutPD BACKGROUND REPORT (PL-SLU-2022-006 & PL-REZ-2022-026) BMcColloughSLUREZ.CM.7.28.22
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
ARTE MCCOLLOUGH
STATE LAND USE BOUNDARY AMENDMENT APPLICATION
(PL-SLU-2022-000006)
CHANGE OF ZONE APPLICATION (PL-REZ-2022-000026)
ARTE MCCOLLOUGH has submitted applications for a State Land Use Boundary
Amendment from Agricultural to Rural for 5.848 acres of land and a Change of Zone
from an Agricultural-5 acre (A-5a) to a Residential and Agricultural-2 acre (RA-2a)
zoning district for 5.848 acres of land. The subject property is part of a two-unit
condominium property regime (CPR) and is located at 62-2225 and 62-2239 `Ouli Street,
at the southwest corner of its intersection with Kawaihae Road, Kanehoa Subdivision,
`Ouli, South Kohala, Hawaii, TMK: (3) 6-2-009:015.
PROPOSED ACTION
1. Applicant's Request: The applicant is requesting a State Land Use Boundary
Amendment from Agricultural to Rural and a Change of Zone from A-5a to RA-2a to
subdivide the property into two lots approximately 2.9 acres in size. According to State
Law, the State Land Use Rural district is characterized by low density residential lots of
not more than one dwelling per one-half acre, in areas where "city-like" concentrations of
people, structures, streets, and urban level of services are absent, and where small farms
are intermixed with low density residential lots. A list of the variety of permitted land
uses in the Rural district is shown in Hawaii Revised Statutes, Section 205-2(c).
(Planning Department Exhibit 1 —State Land Use Rural District, HRS 205-2(c))
Similarly, according to the Zoning Code, the purpose of the Residential and Agricultural
(RA) zoning district is to provide for activities or uses characterized by low density
residential lots in rural areas where"city-like" concentrations of people, structures,
streets, and urban level of services are absent, and where small farms are intermixed with
low density residential lots. Requirements for establishing a land use in the RA zoning
district, including a list of the variety of permitted land uses, are shown in Section 25-5-
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50 to 57 of the Zoning Code. (Planning Department Exhibit 2 - Zoning Code
Requirements for Residential and Agricultural District)
2. Purpose for the Requests: According to the applicant, the primary purpose for the
requests is to address estate planning as the subject property currently consists of two (2)
condominium property regimes (CPRS) consisting of approximately 2.9 acres each, with
each CPR unit accommodating one of the two existing single-family dwellings. If the
requested land use entitlement changes are approved, the applicant proposes to subdivide
the 5.848-acre property into two 2.9-acre lots, each of which will accommodate one of
two (2) existing single-family dwellings. No additional improvements are currently
proposed by the applicant and the subject property is fully built out with existing
dwellings.
3. Landowners: Arte and Cathleen McCollough/Kelly and Sharon Moran
4. Supporting Information: The applicant has submitted the following in support of their
request. (Planning Department Exhibit 3 - State Land Use Boundary Amendment
Application and Change of Zone Application submitted on May 6, 2022)
STATE AND COUNTY PLANS
5. State Land Use Designation: Agricultural (A).
6. County Zoning: Agricultural-5 acre (A-5a).
7. General Plan LUPAG Map: The General Plan Use Pattern Allocation Guide (LUPAG)
map classifies the subject property and the area encompassing the Kanehoa and the
adjoining Anekoa Subdivisions as Rural (rur). This category includes existing
subdivisions in the State Land Use Agricultural and Rural districts that have a significant
residential component. Typical lot sizes vary from nine thousand (9,000) square feet to
two (2) acres. These subdivisions may contain small farms, wooded areas, and open
fields as well as residences. Allowable uses with these areas, with appropriate zoning,
may include commercial facilities that serve the residential and agricultural uses in the
area, and community and public facilities.
8. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies
within the Coastal Zone Management Area.
9. Special Management Area (SMA): The Special Management Area is a part of the
Coastal Zone Management Program and is regulated by the County. The subject property
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is not situated within the SMA and is located close to five (5) miles from the nearest
SMA boundary defined by the Queen Ka`ahumanu Highway and about 5 miles from the
nearest shoreline.
10. South Kohala Community Development Plan (CDP): The SKCDP was adopted by
Ordinance No. 08 159 on December 1, 2008. The subject property is located along
Kawaihae Road between the Kawaihae and Waimea communities within an existing
subdivision which is not depicted on any of the Conceptual Plans (Waimea, Waikoloa,
Kawaihae, or Puako)in the South Kohala Community Development Plan.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
11. Subject Property: The 5.848-acre subject property is roughly rectangular in shape and
is improved with two (2) existing single-family dwellings and related structures. The
subject property also has extensive landscaping, yards, orchards, and structures related to
its residential and agricultural uses. The property is in the Kdnehoa Estates Subdivision
and borders `Ouli Street on the east, which is privately maintained, and Kawaihae Road
to the north. The property has a gentle and gradual slope in the north-to-south direction of
about 5 percent. According to the applicant, there are no topographical constraints that
affect the subject property, which is currently cultivated with more than 200 fruit trees
consisting of mango, citrus, avocado, lychee, dragon fruit, finger limes, coffee, and
flower trees. On April 29, 1985, the subject property was part of the Kdnehoa Estates
Subdivision, which established thirty (30) lots at least 5 acres in size each.
12. Surrounding Zoning/Land Uses: The surrounding lands are located within the State's
Agricultural (A) and Rural (R) Districts, and the County's Residential and Agricultural
(A-20a, A-5a, RA-2a) zoned districts. The parcel immediately to the east, across `Ouli
Street, and west of the subject property is zoned Residential and Agricultural-2 acre (RA-
2a). The parcel to the north, across Kawaihae Road, is zoned Agricultural-40 acre (A-
40a). The parcel to the south is zoned Agricultural-5 acre (A-5a). According to the
applicant, over the past couple of decades, individual lots within this subdivision have
witnessed State Land Use Boundary Amendments and Change of Zones identical to that
requested by the applicant, resulting in subdivisions of these original lots into smaller, 2-
acre parcels. These amendments have occurred to the parcels immediately to the west and
east of the subject property.
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13. Agricultural Lands of Importance to the State of Hawaii ALISH: Unclassified.
14. Land Study Bureau's Detailed Land Classification System: The soil condition within
the subject property is classified as Class E soil. Class E soil is considered very poor for
agricultural productivity.
15. U.S.D.A. Soil Survey: The Pu`u Pa is extremely stony with very fine sandy loam, and
with 6 to 20 percent slopes (PVD). Permeability is moderately rapid, runoff is medium,
and the erosion hazard is moderate.
16. 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.
17. Flora/Fauna Resources: According to the applicant, no professional flora or fauna
surveys were conducted for the subject property due to the extensively improved nature
comprised of homes, agricultural activities, related structural improvements, and
extensive landscaping. While the Department of Land and Natural Resources, Division of
Forestry and Wildlife (DOFAW) recommended mitigation measures to protect listed or
endangered species, it is unlikely that such species are present as the subject property is
fully built out.
18. Archaeological/Historic/Cultural Resources: No professional archaeological and
cultural study was conducted of the property as the subject property has been fully built
out with existing dwellings. According to comments from the State Department of Land
and Natural Resources, State Historic Preservation Division (SHPD), the project area has
been impacted by residential development, no archaeological inventory survey has been
conducted and no historic properties have been identified previously in the project area.
According to the applicant, there are no known customary or Native Hawaiian cultural
rights exercised within the subject property due to its current and historical use as a home
site and its extensively improved condition.
19. Public Access: There is no known public access to the mountain or shoreline that
traverses through the subject property.
20. Traffic: Section 25-2-46 (d) (1) of the concurrency provision requires a Traffic Impact
Analysis Report(TZAR) as part of any rezoning application in situations where the
projected use can generate 50 or more peak hour trips. The property is fully built out and
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will not add additional traffic to nearby roads, nor does it trigger the requirement for a
TIAR.
UTILITIES AND SERVICES
21. Access: Access to the subject property is from `Ouli Street, a privately owned and
maintained roadway with a fifty (50)foot right-of-way with sixteen (16) feet of asphalt
paving and grass swales. The Department of Public Works (DPW), Engineering Division
recommends that the applicant install streetlights and traffic control devices as may be
required by DPW, Traffic Division, and states that the applicant shall be responsible for
the design, purchase, and installation of such devices.
22. Water: The Department of Water Supply (DWS)is currently servicing the two (2)
existing single-family dwellings on the subject property with two (2) existing water
meters fronting the existing parcel. DWS 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 DWS Rules and Regulations. DWS further requests that the plat
map be revised to show the existing meter locations with the meter numbers. According
to the applicant, no further units of water will be necessary to support the proposed two
(2)-lot subdivision.
23. Wastewater: There is no municipal sewer system servicing the subject area. The two (2)
existing single-family dwellings on the subject property are currently being serviced by
their own individual wastewater septic systems that were previously approved by the
State Department of Health (DOH). DOH, Wastewater Branch, had no comments on the
proposal.
24. Essential Utilities and Services: According to the applicant, electrical, cable, and
telephone services are available to the subject property and is currently supporting the
two (2) existing single-family dwellings. Public recreational facilities are located either to
the east in Waimea, about six (6) miles away, or to the west near Hapuna about seven (7)
miles away. Additionally, public and private schools are located in Waimea, about three
(3) miles to the east.
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25. Public Safety: The nearest police and fire facilities are in Waimea, approximately six
(6) miles east of the site.
AGENCIES' COMMENTS
26. Department of Public Works-Engineering Division: (Planning Department Exhibit
4—June 13, 2022 Memo).
27. Department of Water Supply: (Planning Department Exhibit 5—May 19, 2022
Memo).
28. Department of Environmental Management: (Planning Department Exhibit 6—May
17, 2022 Memo).
29. Fire Department: (Planning Department Exhibit 7—May 13,2022 Email).
30. State Department of Health: (Planning Department Exhibit 8—May 13, 2022
Memo).
31. State Department of Land and Natural Resources-Division of Forestry & Wildlife:
(Planning Department Exhibit 9—June 3,2022 Memo).
32. State Department of Land and Natural Resources, State Historic Preservation
Division: (Planning Department Exhibit 10—June 3,2022 Memo).
AGENCIES -NO COMMENTS/OBJECTIONS
33. Police Department, South Kohala Traffic Safety Committee, State Department of Land
and Natural Resources - Engineering & Land Divisions, State Office of Planning.
AGENCIES -NO RESPONSE
34. State Land Use Commission, U.S. Fish and Wildlife Service (USFWS).
PUBLIC COMMENTS
35. No public comments have been received as of the date of the writing of this report.
APPLICANT'S RESPONSE TO COMMENTS:
36. The applicant has submitted a response letter to comments received from several
agencies: (Planning Department Exhibit 11 —June 28, 2022 Letter)
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§205-2 Districting and classification of lands . (a) There shall be
four major land use districts in which all lands in the State shall be
placed: urban, rural, agricultural, and conservation. The land use
commission shall group contiguous land areas suitable for inclusion in one
of these four major districts . The commission shall set standards for
determining the boundaries of each district, provided that :
(1) In the establishment of boundaries of urban districts those lands
that are now in urban use and a sufficient reserve area for
foreseeable urban growth shall be included;
(2) In the establishment of boundaries for rural districts, areas of
land composed primarily of small farms mixed with very low
density residential lots, which may be shown by a minimum density
of not more than one house per one-half acre and a minimum lot
size of not less than one-half acre shall be included, except as
herein provided;
(3) In the establishment of the boundaries of agricultural districts
the greatest possible protection shall be given to those lands
with a high capacity for intensive cultivation; and
(4) In the establishment of the boundaries of conservation districts,
the "forest and water reserve zones" provided in Act 234, section
2, Session Laws of Hawaii 1957, are renamed "conservation
districts" and, effective as of July 11, 1961, the boundaries of
the forest and water reserve zones theretofore established
pursuant to Act 234, section 2, Session Laws of Hawaii 1957,
shall constitute the boundaries of the conservation districts;
provided that thereafter the power to determine the boundaries of
the conservation districts shall be in the commission.
In establishing the boundaries of the districts in each county, the
commission shall give consideration to the master plan or general plan of
the county.
(b) Urban districts shall include activities or uses as provided by
ordinances or regulations of the county within which the urban district is
situated.
In addition, urban districts shall include geothermal resources
exploration and geothermal resources development, as defined under section
182-1, as permissible uses .
(c) Rural districts shall include activities or uses as characterized
by low density residential lots of not more than one dwelling house per
one-half acre, except as provided by county ordinance pursuant to section
46-4 (c) , in areas where "city-like" concentration of people, structures,
streets, and urban level of services are absent, and where small farms are
intermixed with low density residential lots except that within a
subdivision, as defined in section 484-1, the commission for good cause may
allow one lot of less than one-half acre, but not less than eighteen
thousand five hundred square feet, or an equivalent residential density,
within a rural subdivision and permit the construction of one dwelling on
such lot; provided that all other dwellings in the subdivision shall have a
minimum lot size of one-half acre or 21, 780 square feet . Such petition for
variance may be processed under the special permit procedure . These
districts may include contiguous areas which are not suited to low density
residential lots or small farms by reason of topography, soils, and other
related characteristics . Rural districts shall also include golf courses,
golf driving ranges, and golf-related facilities .
Planning Dept.
Exhibit 1
In addition to the uses listed in this subsection, rural districts
shall include geothermal resources exploration and geothermal resources
development, as defined under section 182-1, and construction and operation
of wireless communication antenna, as defined under section 205-4 . 5 (a) (18) ,
as permissible uses .
(d) Agricultural districts shall include :
(1) Activities or uses as characterized by the cultivation of crops,
crops for bioenergy, orchards, forage, and forestry;
(2) Farming activities or uses related to animal husbandry and game
and fish propagation;
(3) Aquaculture, which means the production of aquatic plant and
animal life within ponds and other bodies of water;
(4) Wind-generated energy production for public, private, and
commercial use;
(5) Biofuel production, as described in section 205-4 . 5 (a) (16) , for
public, private, and commercial use;
( 6) Solar energy facilities; provided that :
(A) This paragraph shall apply only to land with soil classified
by the land study bureau' s detailed land classification as
overall (master) productivity rating class B, C, D, or E;
and
(B) Solar energy facilities placed within land with soil
classified as overall productivity rating class B or C shall
not occupy more than ten per cent of the acreage of the
parcel, or twenty acres of land, whichever is lesser, unless
a special use permit is granted pursuant to section 205-6;
(7) Bona fide agricultural services and uses that support the
agricultural activities of the fee or leasehold owner of the
property and accessory to any of the above activities, regardless
of whether conducted on the same premises as the agricultural
activities to which they are accessory, including farm dwellings
as defined in section 205-4 . 5 (a) (4) , employee housing, farm
buildings, mills, storage facilities, processing facilities,
photovoltaic, biogas, and other small-scale renewable energy
systems producing energy solely for use in the agricultural
activities of the fee or leasehold owner of the property,
agricultural-energy facilities as defined in section 205-4 . 5 (a)
(17) , vehicle and equipment storage areas, and plantation
community subdivisions as defined in section 205-4 . 5 (a) (12) ;
(8) Wind machines and wind farms;
(9) Small-scale meteorological, air quality, noise, and other
scientific and environmental data collection and monitoring
facilities occupying less than one-half acre of land; provided
that these facilities shall not be used as or equipped for use as
living quarters or dwellings;
(10) Agricultural parks;
(11) Agricultural tourism conducted on a working farm, or a farming
operation as defined in section 165-2, for the enjoyment,
education, or involvement of visitors; provided that the
agricultural tourism activity is accessory and secondary to the
principal agricultural use and does not interfere with
surrounding farm operations; and provided further that this
paragraph shall apply only to a county that has adopted
ordinances regulating agricultural tourism under section 205-5;
(12) Agricultural tourism activities, including overnight
accommodations of twenty-one days or less, for any one stay
within a county; provided that this paragraph shall apply only to
a county that includes at least three islands and has adopted
ordinances regulating agricultural tourism activities pursuant to
section 205-5; provided further that the agricultural tourism
activities coexist with a bona fide agricultural activity. For
the purposes of this paragraph, "bona fide agricultural activity"
means a farming operation as defined in section 165-2;
(13) Open area recreational facilities;
(14) Geothermal resources exploration and geothermal resources
development, as defined under section 182-1;
(15) Agricultural-based commercial operations registered in Hawaii,
including:
(A) A roadside stand that is not an enclosed structure, owned
and operated by a producer for the display and sale of
agricultural products grown in Hawaii and value-added
products that were produced using agricultural products
grown in Hawaii;
(B) Retail activities in an enclosed structure owned and
operated by a producer for the display and sale of
agricultural products grown in Hawaii, value-added products
that were produced using agricultural products grown in
Hawaii, logo items related to the producer' s agricultural
operations, and other food items;
(C) A retail food establishment owned and operated by a producer
and permitted under chapter 11-50, Hawaii administrative
rules, that prepares and serves food at retail using
products grown in Hawaii and value-added products that were
produced using agricultural products grown in Hawaii;
(D) A farmers ' market, which is an outdoor market limited to
producers selling agricultural products grown in Hawaii and
value-added products that were produced using agricultural
products grown in Hawaii; and
(E) A food hub, which is a facility that may contain a
commercial kitchen and provides for the storage, processing,
distribution, and sale of agricultural products grown in
Hawaii and value-added products that were produced using
agricultural products grown in Hawaii .
The owner of an agricultural-based commercial operation shall
certify, upon request of an officer or agent charged with
enforcement of this chapter under section 205-12, that the
agricultural products displayed or sold by the operation meet the
requirements of this paragraph; and
(16) Hydroelectric facilities as described in section 205-4 . 5 (a) (23) .
Agricultural districts shall not include golf courses and golf driving
ranges, except as provided in section 205-4 . 5 (d) . Agricultural districts
include areas that are not used for, or that are not suited to,
agricultural and ancillary activities by reason of topography, soils, and
other related characteristics .
(e) Conservation districts shall include areas necessary for
protecting watersheds and water sources; preserving scenic and historic
areas; providing park lands, wilderness, and beach reserves; conserving
indigenous or endemic plants, fish, and wildlife, including those which are
threatened or endangered; preventing floods and soil erosion; forestry;
open space areas whose existing openness, natural condition, or present
state of use, if retained, would enhance the present or potential value of
abutting or surrounding communities, or would maintain or enhance the
conservation of natural or scenic resources; areas of value for
recreational purposes; other related activities; and other permitted uses
not detrimental to a multiple use conservation concept . Conservation
districts shall also include areas for geothermal resources exploration and
geothermal resources development, as defined under section 182-1 . [L 1963,
c 205, pt of §2; Supp, §98H-2; HRS §205-2; am L 1969, c 182, §5; am L 1975,
c 193, §3; am L 1977, c 140, §1 and c 163, §1; am L 1980, c 24, §2; am L
1985, c 298, §2; am L 1987, c 82, §3; am L 1989, c 5, §2; am L 1991, c 191,
§1 and c 281, §2; am L 1995, c 69, §8; am L 2005, c 205, §2; am L 2006, c
237, §3 and c 250, §1; am L 2007, c 159, §2; am L 2008, c 31, §2 and c 145,
§2; am L 2011, c 217, §2; am L 2012, c 97, §6, c 113, §2, c 167, §1, and c
329, §3; am L 2014, c 55, §2; am L 2015, c 228, §2; am L 2016, c 173, §2;
am L 2017, c 12, §15 and c 129, §2; am L 2018, c 49, §3]
Note
The 2018 amendment applies to permit applications filed with the State or
county after December 31, 2018 . L 2018, c 49, §6 (2) .
Cross References
Districts, generally, see chapter 4 .
Attorney General Opinions
Uses within agricultural districts . Att . Gen. Op. 62-33, 62-38 .
Dwellings permissible under this section are further defined by
regulations established under §205-7 . Att . Gen. Op. 75-8 .
Law Journals and Reviews
Avoiding the Next Hokuli ' a: The Debate over Hawai ' i ' s Agricultural
Subdivisions . 27 UH L. Rev. 441 (2005) .
Case Notes
Cited: 134 H. 187, 339 P. 3d 685 (2014) .
Previous Chapter 25 Next
§ 25-5-49 HAwAI`I COUNTY CODE
(c) Plan approval shall be required for all new buildings and additions to existing
buildings in the RCX district, except for construction of one single-family dwelling
and any accessory buildings per lot.
(d) Exceptions to the regulations for the RCX district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 7; am 2015,
ord 15-33, sec 4.)
Division 5. RA, Residential and Agricultural Districts.
Section 25-5-50. Purpose and applicability.
The RA (residential and agricultural) district provides for activities or uses
characterized by low density residential lots in rural areas where "city-like"
concentrations of people, structures, streets, and urban level of services are absent, and
where small farms are intermixed with low density residential lots. The RA district is
intended to be only within areas designated as being in the State land use rural or
urban districts.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-51. Designation of RA districts.
Each RA (residential and agricultural) district shall be designated on the zoning
map by the symbol"RA" followed by a number and the lower case letter "a" which
indicates the required or minimum number of acres for each building site. For example
RA-1a means a residential agricultural district with a minimum building site area of
one acre.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-52. Permitted uses.
(a) The following uses shall be permitted in the RA district:
(1) Adult day care homes.
(2) Agricultural products processing, minor, provided that the site or buildings
used for such processing, shall be located at least seventy-five feet from any
street bounding the building site.
(3) Agricultural tourism as permitted under section 25-4-15.
(4) Animal hospitals.
(5) Aquaculture.
(6) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental
stations, arboretums, floriculture, and similar uses dealing with the growing
of plants.
(7) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of
this Code.
(8) Crop production.
(9) Dwelling, single-family, one per building site.
Planning Dept.
Exhibit 2 25-84
ZONING § 25-5-52
(10) Family child care homes.
(11) Group living facilities.
(12) Kennels, provided that the building site is a minimum of five acres in area and
the structures are located at least one hundred feet away from any lot line.
(13) Livestock production (excluding pigs), provided that:
(A) The requirements of the department of health are met;
(B) Approval of the director is obtained; and
(C) Any feed or water area, salt lick, corral, run, barn, shed, stable, house,
hutch, or other enclosure for the keeping of any permitted animal shall
be located at least seventy-five feet from any lot line.
(14) Parks, playgrounds, tennis courts, swimming pools, and other similar open
area recreational facilities.
(15) Public uses and structures, as permitted under section 25-4-11.
(16) Roadside stands for the sale of agricultural products grown on the premises.
(17) Stables, commercial or boarding, provided that the building site is a minimum
of five acres in area and the structures are located at least one hundred feet
away from any lot line.
(18) Utility substations, as permitted under section 25-4-11.
(19) Veterinary establishments.
(b) The following uses may be permitted in the RA district, provided that a use permit
is issued for each use:
(1) 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.
(2) Telecommunication antennas and towers.
(c) The following uses may be permitted in the RA district, provided that if a building
site is located within the State land use rural district, the following uses may be
permitted if a special permit is obtained for such use:
(1) Bed and breakfast establishments, as permitted under section 25-4-7.
(2) Community buildings, as permitted under section 25-4-11.
(3) Country clubs, tennis clubs and other similar recreational facilities which
include buildings or indoor recreational features.
(4) Drive-in theaters.
(5) Guest ranches.
(6) Home occupations, as permitted under section 25-4-13.
(7) Lodges.
(8) Meeting facilities.
(9) Model homes, as permitted under section 25-4-8.
(10) Temporary real estate offices, as permitted under section 25-4-8.
(11) Uses, other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205, Hawaii Revised Statutes.
25-85
§ 25-5-52 HAWAII COUNTY CODE
(d) The following uses may be permitted in the RA district, provided that either a use
permit is issued for each use if the building site is within the State land use urban
district or a special permit is issued for each use if the building site is within the
State land use rural district:
(1) Bed and breakfast establishments, as permitted under section 25-4-7.
(2) Crematoriums, funeral homes, funeral services, and mortuaries.
(3) Churches, temples and synagogues.
(4) Day care centers.
(5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(6) Major outdoor amusement and recreation facilities, includes stadiums, sports
arenas, and other similar open air recreational uses.
(7) Medical Clinics.
(8) Schools.
(9) Yacht harbors and boating facilities.
(e) Buildings and uses accessory to the uses permitted in this section shall also be
permitted in the RA district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-155, sec 11; am 2010,
ord 10-17, sec 4; am 2012, ord 12-28, sec 7; ord 12-124, sec 6; am 2014, ord 14-86, sec 7;
am 2021, ord 21-26, sec 8.)
Section 25-5-53. Height limit.
The height limit in the RA district shall be thirty-five feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-54. Minimum building site area.
The minimum building site area in the RA district shall be one-half acre. RA
districts having larger areas may be designated in increments of one-half acre up to a
recommended maximum of three acres. The recommended maximum does not specify
an absolute upper limit for any building site in the RA district.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-55. Minimum building site average width.
Each building site in the RA district shall have a minimum average width of one
hundred feet for the first one-half acre of required area, plus twenty feet for each
additional one-half acre of required area; provided that no building site shall be
required to have an average width greater than three hundred feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-56. Minimum yards.
Minimum yards in the RA district shall be as follows:
(1) Front and rear yards, twenty-five feet; and
(2) Side yards, fifteen feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
SUPP. 10 (7-2021) 25-86
ZONING § 25-5-57
Section 25-5-57. Other regulations.
(a) If any legal building site in the RA district has an area less than one-half acre, then
the yard and height requirements for the building site shall be the same as the
yard requirements for the RS district.
(b) Plan approval shall be required prior to the construction or installation of any new
structure or development, or of any addition to an existing structure or
development which is used for minor agricultural products processing.
(c) An ohana dwelling may be located on any building site in the RA district, as
permitted under article 6, division 3 of this chapter.
(d) Exceptions to the regulations for the RA district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development pursuant to article 6, division 1 of this chapter.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4.)
Division 6. FA, Family Agricultural Districts.
Section 25-5-60. Purpose and applicability.
The FA (family agricultural) district provides for a blend of small-scale agricultural
operations associated with residential activities and which may be characterized by
farm estates, small acreage farms, or subsistence lots. The FA district is intended to be
in areas designated as being within the State land use agricultural district, where
public services and infrastructure are appropriate to support the very low density
residential needs of a rural community and where substantial number of parcels are
less than five acres in size, and where a mix of uses will not conflict with or be
detrimental to existing agricultural uses in the surrounding area.
In addition, this district is intended to be primarily comprised of agricultural lands
less than five acres in area, which are not classified as A or B lands under the land
study bureau's master productivity rating, or classified as prime, unique, or other
important agricultural lands. Provided, that this district may include lands so classified
if the lands are situated within an urban expansion or other urban designation under
the general plan land use pattern allocation guide (LUPAG) map.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-61. Designation of FA districts.
Each FA (family agricultural) district shall be designated on the zoning map by the
symbol "IN' followed by a number and the lower case letter"a" which indicates the
required number of acres for each building site. For example, FA-1a means a family
agricultural district with a minimum building site area of one acre.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
25-87
STATE LAND USE DISTRICT BOUNDARY AMENDMENT
AND
CHANGE OF ZONE APPLICATION
Applicant: ARTE MCCOLLOUGH
Request: A-5a to RA-2a
Tax Map Key: (3) 6-2-009:015
`Ouli, South Kohala District
Hawaii Island
Prepared by: Daryn Arai, Planning Consultant
May 2022
Planning Dap;.
Exhibit 3
STATE LAND USE BOUNDARY AMENDMENT APPLICATION
(15 ACRES OR LESS)
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
PETITIONER: Arte McCollough
PETITIONER'S SIGNATI.IRE: (see attached letter) DATE: March 31, 2022
ADDRESS: 62-2293 Ouli Street
Kamuela, HI 96743-8791
PETITIONER'S INTEREST IF NOT OWNER:
TELEPHONE:(Bus,) (808) 479-5540 (Res.) (Fax) artemc7l@gmail.com
LANDOWNER(S): Arte & Cathleen McCollough/Kelly & Sharon Moran
LANDOWNER SIGNATURE(S): (see attached letter) DATE: March 31, 2022
Nlav be by letter)
ADDRESS: (see attached lettei)
TAX MAP KEY: (3) 6 -2 - 009 : 015
STREET ADDRESS OF PROPERTY: 62-2225 Ouli Street(Unit 1) & 62-2293 Ouli Street(Unit 2)
ZONING: A-20a SIZE OF PROPERTY: 5.848 acres
CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural
REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Rural
AGENT: Daryn Arai
ADDRESS: PO Box 4501
Hilo, Hawaii 96720
email: Daryn.Arai@outlook.com
TELEPHONE:(Bus,) (808) 895-3218 (Res,) (Fax)
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Applicant COPIES: Agent
(See Instructions on Reverse Side)
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: Arte McCullough
APPLICANT'S SIGNATURE: (see attached letter) DATE:March 31, 2022
ADDRESS: 62-2293 Ouli Street
Kamuela, HI 96743-8791
LIST APPLICANT'S INTEREST IF NOT OWNER:
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.) (808) 479-5540 (Res.) (Fax) artemc7l@gmail.com
LANDOWNER(S): Arte & Cathleen McCollough/Kelly & Sharon Moran
LANDOWNER SIGNATURE(S): (see attached letter) DATE:March 31, 2022
(Mays be by letter)
LANDOWNER(S) ADDRESS: (see attached letter)
REQUEST: Agricultural-20 acres (A-20a) TO Residential Agricultural-2 acres (RA-2a)
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: (3) 6 -2 - 009 : 015
STREET ADDRESS OF PROPERTY: 62-2225 Ouli Street (Unit 1) & 62-2293 Ouli Street(Unit 2)
Kamuela, HI 96743-8791
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.848 acres
AGENT: Daryn Arai
ADDRESS: PO Box 4501
Hilo, Hawaii 96720
email: Daryn.Arai@outlook.com
TELEPHONE:(Bus.) (808) 895-3218 (Res.) (Fax)
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Applicant COPIES: Agent
TO WHOM IT MAY CONCERN:
The undersigned below are the current owners of that 5.848-acre property identified as
TMK: 6-2-009:015 that is located within the Kanehoa Subdivision in Ouli, South Kohala. As
landowners of condominium units within the subject property,we hereby authorize the filing of
a State Land Use Boundary Amendment and Change of Zone applications affecting the above-
described property into the Rural and Residential Agricultural-2 acre (RA-2a) districts,
respectively, in order to facilitate its subdivision into two separate parcels. By this letter,we
also authorize Daryn Arai, Land Use Planning Consultant, to assist us with the processing of
these applications before the County of Hawaii.
• Owners of Unit 1 of Kanehoa Pennington Condominum
62-2225 Ouli Street, Kamuela HI 96743-8791
Ke14 Moran Date
c Co
2-
Sharon Moran Date
• Owners of Unit 2 of Kanehoa Pennington Condominum
62-2293 Ouli Street, Kamuela HI 96743-8791
2 602 2--
1
Arte McCollough Date
e2 (a - 2-0 2- 2-
Cathleen Curtis-McCollough Date
ATTACHMENT
Agricultural Rezoning
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
I. If your request is approved, do you intend to subdivide the subject
land in accordance with the approved change of zone? YES
If yes, please answer the rest of question I and then to question 3.
a. How many acres of the requested area do you intend to subdivide? 5.848
b. Into what lot sizes? Min 2 acre
c. If your request is approved, approximately how long after the
date of approval do you expect to submit your subdivision plans
to the Planning Department for preliminary approval? 6 months
d. Do you intend to build houses on the newly created lots? NO
If yes, please answer the following questions:
On how many of those lots?
At what approximate price range? House
Lot
Total
Approximately how long, after approval of the subdivision,
would the first house be available for occupancy?
If you intend to subdivide, please submit a preliminary schematic
subdivision plan together with your change of zone application form. included
2. If you have no firm plans of subdividing the subject area, do you intend to:
a. Sell or lease the land to someone who has firm plans? N/A
b. Sell or lease the land to someone who has tentative plans? N/A
c. Sell or lease the land to someone who has no plans? N/A
d. Keep it? N/A
e. Other(please state)
P.D.2 5/84
1
f. If you intend to do either a, b or c, please elaborate on the kind
of plans the other party has. Please also include in your
answer approximately how soon after approval of your rezoning do
you expect to transfer the subject land to another party.
N/A
3. Do you think that your request and your further plans for the land
will alleviate the local housing situation? NO
How?
4. Are there any buildings on the subject area? YES
If so, what kind?Two existing single-family dwellings along with agricultural
buildings and storage sheds/containers
What do you intend to do with those buildings if your request is approved?
Each existing single-family dwelling and its related accessory structures will be
associated with one of the parcels to be created as part of the subdivision.
5. Is the subject land currently being used for any agricultural activity? YES
If so, please list the kinds of products grown and on how many
square feet or acres of land per product.
6. Was your request to allow for the creation of small agricultural lots? YES
If so, did your plan include the following considerations?
a. Commodity to be produced? N/A
What kinds of commodity?
Currently in excess of 200 fruit trees, mango, citrus, avocado, lychee, dragon
fruit, finger limes, coffee and flowering trees
b. Suitability of the proposed lot-size for that commodity? YES
2
c. Sufficient farm size to allow reasonable chance of success in
commercial agriculture? YES
d. Agricultural leases or other forms of assurance that potential
buyers or leases will would put the subject area into some form
of agricultural use? NONE
Please state the proposed type of arrangement.
Please submit your agricultural plans for the subject area and
present evidence of consideration of the above requirements together
with your request for a change of zone. existing
If you do not intend to subdivide the subject land for some sort of
Agricultural purpose, please state your other reasons.
Proposed subdivision is primarily for estate planning purposes,to allow each
current CPR unit owner to secure their unit in fee.
7. To your knowledge, has there been any flooding and/or drainage problem
on the subject area? NO
If so, please describe the problem.
8. Do you think that the roads leading up to the subject area needs
improvements? NO
If so, what kind?
Is the road adequate for the proposed traffic volume or bad? YES
9. What sort of government assistance and/or improvements do you feel will
be needed in the subject area when developed?
Yes No
a. Schools X
b. Roads X
c. Sewer X
d. Drainage X
3
e. Police Protection X
f. Fire Protection X
g. Recreational Facilities X
h. Public Utilities X
i. Other X
For those checked "yes", phase elaborate what type or kinds of improvements
and/or assistance are needed.
Signature: (see attached authorization from Arte McCollough)
Address: 62-2239 Ouli Street, Kamuela HI 96743-8791
Telephone: (808)961-3360
Date: March 28, 2022
4
Table of Contents
A. DETAILS OF PROPOSED USE/DEVELOPMENT........................................................................................................1
1. Applicant's Request..................................................................................................................................................1
2. General Information.................................................................................................................................................1
3. Location of Property.................................................................................................................................................1
4. Statement of Objectives and reasons for the request..............................................................................................3
5. Proposed Project Details..........................................................................................................................................3
6. Timeframe and cost..................................................................................................................................................5
B. HISTORICAL PROPERTY INFORMATION..................................................................................................................5
7. April 29,1985: Subdivision No.5238.......................................................................................................................5
C. LAND USE AND OTHER REGULATORY CONSIDERATIONS........................................................................................5
S. General Plan Land Use Pattern Allocation Guide(LUPAG)Map...............................................................................5
9. South Kohala Community Development Plan..........................................................................................................6
10. State Land Use Designation: Agricultural................................................................................................................6
11. Current County Zoning.............................................................................................................................................8
12. Coastal Zone Management, HRS,Chapter 205A......................................................................................................8
13. Special Management Area(SMA).............................................................................................................................9
D. DESCRIPTION OF PROPERTY AND SURROUNDING AREA........................................................................................9
14. Subject Property.......................................................................................................................................................9
15. Surrounding Zoning/Land Uses................................................................................................................................9
16. ALISH: Unclassified ................................................................................................................................................10
17. Land Study Bureau's Detailed Land Classification System...................................................................................... 10
18. US Soil Survey.........................................................................................................................................................10
19. FIRM .......................................................................................................................................................................10
20. Lava Zone................................................................................................................................................................11
21. Flora/Fauna Resources...........................................................................................................................................11
22. Archaeological Resources.......................................................................................................................................11
23. Cultural or Native Gathering Rights........................................................................................................................11
24. Public Access ..........................................................................................................................................................11
E. PUBLIC UTILITIES AND SERVICES..........................................................................................................................12
25. Access:....................................................................................................................................................................12
26. Traffic:.....................................................................................................................................................................12
27. Water......................................................................................................................................................................12
28. Wastewater............................................................................................................................................................12
30. Essential Utilities and Services................................................................................................................................12
31. Public Safety...........................................................................................................................................................13
F. STATEMENT IN SUPPORT OF THE STATE LAND USE DISTRICT BOUNDARY AMENDMENT AND CHANGE OF ZONE
REQUESTS.....................................................................................................................................................................14
32. STATE LAND USE DISTRICT...................................................................................................................................... 14
33. HAWAII COUNTY GENERAL PLAN.......................................................................................................................... 16
34. PUBLIC SERVICES AND UTILITIES.............................................................................................................................19
35. COASTAL ZONE MANAGEMENT..............................................................................................................................20
36. CONCLUSION..........................................................................................................................................................21
COUNTY ENVIRONMENTAL REPORT
IN SUPPORT OF STATE LAND USE DISTRICT BOUNDARY AMENDMENT
AND CHANGE OF ZONE APPLICATIONS FOR
ARTE MCCOLLOUGH
Affecting Tax Map Key: (3) 6-2-009: 015; `Ouli, South Kohala
A. DETAILS OF PROPOSED USE/ DEVELOPMENT
1. Applicant's Request
Arte McCollough, hereinafter referred to as "Applicant", is requesting two land use
district boundary amendments for 5.848 acres of land in order to facilitate its
subdivision into two (2) lots that will each accommodate an existing single-family
dwelling. More specifically, the Applicant is requesting a State Land Use District
Boundary amendment from the Agricultural to the Rural District, and an accompanying
change of zone from an Agricultural-5 acres (A-5a) to a Residential Agricultural (RA-2a)
zoning district.
The primary purpose for these requests is solely for estate planning purposes as the
subject property currently consists of two (2) condominium property regimes (CPRs)
consisting of approximately 2.9-acres each, with each CPR unit accommodating one of
the two existing single-family dwellings.
2. General Information
The subject property is a two-unit Condominium Property Regime (CPR) known as the
Kanehoa Pennington Condominium. Kelly and Sharon Moran are owners of Unit 1
(2.913 acres) and the Arte McCollough and Cathleen Curtis-McCollough Trust are
owners of Unit 2 (2.935 acres).
3. Location of Property
The subject property is located in the Kanehoa Subdivision on the south side of
Kawaihae Road approximately across from the 62-mile marker in `Ouli, South Kohala,
Hawaii TM K: 6-2-009:009 (refer to Figure 1 - Location Map and Figure 2—Vicinity Map
below.
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2Page
4. Statement of Objectives and reasons for the request
The purpose for the requested change of zone is quite simple and straight forward; to
allow for the subdivision of the 5.848-acre property into two 2.9-acre lots, each of which
will accommodate one of two existing single-family dwellings. No additional
improvements are anticipated as part of this State Land Use District boundary
amendment and change of zone requests since the proposed actions are simply for
estate planning purposes.
S. Proposed Prosect Details (see Figure 3—Site and Proposed Subdivision Plan)
a. Proposed Subdivision: Subdivision of 5.848-acre property into two lots, each of
which will maintain a minimum lot size of approximately 2.9-acres in order to
properly site the existing single-family dwellings and conform with required
minimum yard setbacks.
b. Existing site improvements:
i. No site development or improvements are proposed as part of these land use
district amendments given its estate planning objectives.
ii. There are existing access driveways to both existing dwellings from Ouli Street.
iii. The subject property, and likewise the two existing single-family dwellings and
the two proposed lots, are currently served by all necessary utilities and services,
such as electricity, water, cable, telephone and wastewater disposal (septic).
iv. CPR-Unit 1/Proposed Lot 15-A: (owned by Morans)
a. Existing 3-bedroom, 1,600 square-foot, two-story single-family dwelling
constructed in 1990 via BP#905444.
b. Steel storage building constructed in 1993 via BP#916003.
c. Swimming pool constructed in 2017 via BP# BH2015-01959.
d. A shipping container and shed for agricultural and personal use without
building permits.
v. CPR-Unit 2/Proposed Lot 15-13: (owned by McColloughs)
a. Existing 1-bedroom, 1,028 square-foot, 1-story single-family dwelling
completed in 1998 via BP# 971457.
b. A 864 square-foot garage/carport was constructed in 2000 via BP# 5531
c. Another 1-bedroom, 480-square foot guest house was constructed in
2017 via BP# BK2016-01442.
d. Two greenhouses (erected in 2001 and 2010 without building permits)
e. A lean-to boat shed and various other sheds and shipping containers are
located on this unit for personal and agricultural use. No permits were
secured for these accessory structures.
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Figure 3 - Site and Proposed Subdivision Man
4 Page
6. Timeframe and cost
Upon approval of the change of zone request, the Applicant will promptly file a
subdivision application with approval anticipated within two years from the effective
date of the requested zone change. Associated cost is minimal, probably less than
$10,000, as the subdivision action is to simply place each existing single-family dwelling
and its related improvements onto their own separate parcels. If building permits are
required for any unpermitted agricultural and accessory structures, the Applicant will
promptly secure such permits or remove/relocate them as deemed necessary by the
County.
B. HISTORICAL PROPERTY INFORMATION
7. April 29, 1985: Subdivision No. 5238
The subject property was created as part of the 30-lot Kanehoa Subdivision that
consisted of parcels at least S acres in size.
C. LAND USE AND OTHER REGULATORY CONSIDERATIONS
8. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Rural
The County of Hawai'i General Plan is the policy document for the long-range
comprehensive development of the island of Hawai'i. The General Plan Land Use
Pattern Allocation Guide (LUPAG) map classifies the subject property and the area
encompassing both the Kanehoa and adjoining Anekona Subdivisions as Rural. This
category includes existing subdivisions in the State Land Use Agricultural and Rural
districts that have a significant residential component. Typical lot sizes vary from 9,000-
square feet to two acres. These subdivisions may contain small farms, wooded areas,
and open fields as well as residences. Allowable uses within these areas, with
appropriate zoning, may include commercial facilities that serve the residential and
agricultural uses in the area, and community and public facilities (see Figure 4- LUPAG
Map)•
5 Page
9. South Kohala Community Development Plan
The South Kohala Community Development Plan (SKCDP) was adopted and went into effect on
December 1, 2008 via Ordinance No.08 159. The subject property is not situated within the
main population centers of Waimea and Waikoloa Village. Therefore,there are no land use
policies or land use guidance specific to this 'Ouli area that includes the subject property.
However, district-wide policies focused on the following priorities for the entire district:
• Preserve Culture/Sense of Place
• Traffic and Transportation
• Affordable Housing
• Emergency Preparedness
• Environmental Stewardship and Sustainability
Given the purpose of these land use amendment requests are to facilitate the
subdivision of an existing property into only two (2) lots, each of which will
accommodate existing single-family dwellings, its approval will not have any adverse
effects upon these important policies since the net effect will be to preserve the "status
quo". And like other similar restrictions associated with similar land use amendment
requests throughout the Kanehoa and adjoining Anekona subdivisions, the Applicant
would be receptive to establishing restrictive covenants in the deeds of the proposed
lots within the subject property that will give notice that the terms of the zoning
ordinance prohibit the construction of a second dwelling unit and condominium
property regimes on each lot.
10. State Land Use Designation: Agricultural.
The subject property is situated within an area designated for both Agricultural and
Rural uses by the State Land Use Commission. While this particular area of Oull was
initially designated for Agricultural uses, a significant number of lots within the Kanehoa
and adjoining Anekona Subdivisions have been amended into the Rural District over
recent decades stretching as far back as 1998 and as recent as 2016, as shown on
Figure 5—State Land Use.
6Page
IMPORTANT
AGRICULTURAL t
l
SUBJECT PROPERTY
EXTENSIVE AGRICULTURAL
ANEKONA SUBDIVISION KANEHOA SUBDIVISION
EXTENSIVE AGRICULTURAL
Figure 4—LUPAG Map
AGRICULTURAL
I
SUBJECT PROPERTY /
Wq NAf Rp O
L
�ANEKONA SUBDIVISION KANEHOA SUBDIVISION
AGRICULTURAL
Figure S—State Land Use
7Page
11. Current County Zoning:Agricultural-3 acres minimum lot size (A-3a)
The Agricultural (A) zoning district provides for agricultural and very low density
agriculturally-based residential use, encompassing rural areas of good to marginal
agricultural and grazing land, forest land, game habitats, and areas where urbanization
is not found to be appropriate. (see Figure 6 - Current Area Zoning)
The concurrency provision of Section 25-2-46 of the Hawaii County Zoning Code
establishes standards for roads, water supply, and civil defense sirens that must be met
and/or addressed as part of all rezoning applications. Suffice to say, the request is
consistent with these standards and will be discussed in detail relative to the water,
traffic, and public safety portions of this report.
SUBJECT PROPERTY
r
-ANEKONA SUBDIVISION KANEHOA SUBDIVISION A-5a
A-5a
Figure 6—Current Area Zoning
12. Coastal Zone Zone Management,HRS.Chapter 20SAHRS. Chapter 205A
The entire State of Hawai'i lies within the Coastal Zone Management area. The intent of
the Coastal Zone Management Program is to guide and regulate public and private uses
in the coastal zone management area with respect to recreational resources, historic
resources, public access to the shoreline, scenic and open space resources, coastal
8Page
ecosystems, marine resources, economic uses, coastal hazards, managing development,
public participation, and beach protection.
13. Special Management Area (SMA)
The Special Management Area (SMA) is a part of the Coastal Zone Management
Program that is regulated by the County, established to promote the State's policy to
preserve, protect, and where possible, to restore the natural resources of the coastal
zone of Hawai'i. Therefore, special controls on development within the area along the
shoreline are necessary to avoid permanent loss of valuable resources and the
foreclosure of management options, and to ensure that adequate public access is
provided to public-owned or used beaches, recreation areas, and natural reserves, by
dedication or other means. The subject property is not situated within the SMA and is
located at least 4.75 miles from the nearest SMA boundary defined by the Queen
Kaahumanu Highway and about S miles from the nearest shoreline.
D. DESCRIPTION OF PROPERTY AND SURROUNDING AREA
14. Subject Property
The 5.848-acre property is rectangular in shape and fully improved with two existing
single-family dwellings and related structures along with extensive landscaping, yards,
orchards and structures related to its residential and agricultural uses. The subject
property is bordered along the north by Kawaihae Road and along the east by the
privately-maintained Ouli Street. Properties that are part of the Kanehoa Subdivision lie
to the west and south.
The subject property has a gentle and gradual slope in the north-to-south direction of
about 5 percent. There are no topographical constraints that affects the subject
property, which is currently cultivated with more than 200 fruit trees consisting of
mango, citrus, avocado, lychee, dragon fruit, finger limes, coffee and flowering trees.
15. Surrounding Zoning/Land Uses
As previously mentioned, the subject property is a part of Kanehoa Subdivision,
approved in 1985, which consisted of 30 lots of at least 5 acres in size. Over the past
couple of decades, individual lots within this subdivision have witnessed land use district
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boundary amendments identical to that requested by the Applicant, resulting in
subdivisions of these original lots into smaller, 2-acre parcels. Such actions have
occurred on parcels immediately adjoining the subject property to the west and east.
Across Kawaihae Road are large expanses of State-owned agricultural lands that are
leased by Parker Ranch and maintained as pasturage.
16.ALISH: Unclassified
The subject property is not classified as Agricultural Lands of Importance to the State of
Hawaii.
17. Land Study Bureau's Detailed Land Classification System
Soils within the subject property are classified as having very poor agricultural
productivity rating (Class E soils).
18. US Soil Survey: Pu`u Pa series
The Pu`u Pa series consists of well-drained stony very fine loams that formed in volcanic
ash. The soils are gently sloping and most areas are extremely stony. They are on
uplands at an elevation ranging from 1,000 to 2,500 feet and receive between 20 to 35
inches of rainfall annually. Their mean soil temperature is between 69 degrees and 71
degrees. The natural vegetation consists of bermudagrass, swollen fingergrass, lantana,
ilima and cactus. These soils and Kamakoa, Kawaihae, Waikoloa and Waimea soils are in
the same general area. Pu`u Pa soils are used for pasture. Puu Pa extremely stony very
fine sandy loam, 6 t0 20% slopes (PVD). This soil is found low on the leeward side of
Hualalai, Mauna Kea and the Kohala Mountains. In a representative profile the surface
layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The
next layer is dark brown and dark yellowish brown very stony very fine sandy loam
about 34 inches thick. It is underlain by fragmental A`a lava. The reaction is medium
acid to slightly acid in the surface layer and neutral in the substratum. In places the
surface layer is silty loam. Permeability is rapid, runoff is medium and the erosion
hazard is moderate. Roots penetrate to the fragmental A`a lava.
19. FIRM
Zone "X" - determined to be outside the 500-year flood plain. There are no known
existing drainageways that traverse through the subject property.
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20. Lava Zone
The U. S. Geological Survey has categorized the island into nine zones of comparative
hazard rates from lava flows, with Zone 1 being the highest and Zone 9, the lowest
severity of hazard. The U. S. Geological Survey designates the subject property as "Lava
Hazard Zone 8"; Only a few percent of this area has been covered by lava in the past
10,000 years.
21. Flora/Fauna Resources
No professional flora or faunal surveys were conducted of the site due to the
extensively improved nature of the subject property as home sites and for agricultural
activities, along with related structural improvements and extensive landscaping.
22. Archaeological Resources
No archaeological features are known to exist on the subject property due to the
extensively improved nature of the subject property as home sites and for agricultural
activities, along with structures related to these existing uses. While not anticipated as
part of these land use requests, should any grading work be necessary and
archaeological features be inadvertently encountered, the State Historic Preservation
Division will be notified and all work shall immediately cease until such time clearance is
obtained from the Planning Department.
23. Cultural or Native Gathering Rights
According to the Applicant, there are no known customary or Native Hawaiian cultural
rights exercised within the subject property due to its current and historical use as
homesites and its extensively improved condition.
24. Public Access
There is no record of a designated public access to the shoreline or mountain areas that
traverses the subject property.
11Page
E. PUBLIC UTILITIES AND SERVICES
25.Access:
Access to the subject property from Kawaihae Road is via Ouli Street, a privately owned
and maintained roadway maintaining a SO-foot wide right-of-way with 16' of asphalt
paving and grass swales.
26.Traffic:
Section 25-2-46(d)(1) of the concurrency provision requires a Traffic Impact Analysis
Report (TZAR) as part of any rezoning application in situations where the projected use
can generate 50 or more peak hour trips. Given the small scale and scope of the project
limited to a proposed 2 lot subdivision to allow for each lot to accommodate one of the
two existing single-family dwellings, a TIAR was not performed as the project does not
invoke the County's concurrency requirements.
27. Water
County water is currently servicing the two existing single-family dwellings via two (2)
existing water meters. No further units of water are necessary to support the proposed
2-lot subdivision.
28. Wastewater
There is no municipal sewer system servicing the subject area. The two existing single-
family dwellings are currently being serviced by their own septic systems.
29. Solid Waste
Solid waste will be handled through commercial haulers or disposal by the landowner
into authorized landfill sites or transfer stations.
30. Essential Utilities and Services
Other utilities, such as electrical, cable and telephone services, are available to the
subject property and currently supporting the two existing single-family dwellings.
Public recreational facilities are located either to the east in Waimea about 6 miles
away, or to the west near Hapuna, about a 7-mile drive. Public schools are also located
in Waimea with the nearest private school located about 3 miles to the east.
121 Page
31. Public Safety
Police and Fire services are located in Waimea, approximately 6 miles to the east of the
subject property. The County's concurrency requirements regarding civil defense sirens
do not apply to the project as it is not proposing commercial or industrial activities equal
to or greater than 35,000 square feet of gross floor area or introducing more than 24
residential units [Section 25-2-46(o), Hawaii County Code].
131 Page
F. STATEMENT IN SUPPORT OF THE STATE LAND USE DISTRICT BOUNDARY AMENDMENT
AND CHANGE OF ZONE REQUESTS
32. STATE LAND USE DISTRICT
According to the Hawaii Land Use Commission Rules, the following three
standards shall apply when determining an area for the Rural district boundaries:
(1) Areas consisting of small farms; provided that the areas need not be
included in this district if their inclusion will alter the general characteristics
of the areas;
(2) Activities or uses as characterized by low-density residential lots of not less
than one-half acre and a density of not more than one single-family
dwelling, per one-half acre in areas where "city-like" concentration of
people, structures, streets, and urban level of services are absent, and
where small farms are intermixed with the low-density residential lots; and
(3) Generally, parcels of land not more than five acres; provided it may include
other parcels of land which are surrounded by, or contiguous to this
district, and are not suited to low-density residential uses for small farm or
agricultural uses.
The proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use
Commission Rules that determines permissible uses within the Rural district, and states:
"(a) Permissible uses within the rural district shall include the following
activities:
(1) All uses permitted under section 15-15-25 relating to agricultural uses
and those uses that are compatible within the agricultural district;
(2) Low-density residential uses with a minimum lot size of one-half acre.
The commission for good cause may allow one lot of less than one-half
acre, but not less than 18,500 square feet, or an equivalent residential
density, provided all other lots in the subdivision have the minimum lot size
of one-half acre. A petition for variance may be processed under the
special permit procedure pursuant to subchapter 12. This exception shall
apply to lots of record existing prior to January 1, 1977, and of not more
14Page
than two acres. There shall be no more than one single-family dwelling per
one-half acre, except as may be provided for in this section."
The requested boundary amendment will still preserve the existing residential
and agricultural land uses which were found to be compatible when these uses were
established on the subject property while it maintained its current Agricultural land use
designations. The Rural boundary amendment will also compatible with the statutory
definition of low-density residential lots of no more than one dwelling per half-acre.
Chapter 205, Hawaii Revised Statutes, does not authorize residential dwellings as a
permissible use in the Agricultural District unless the dwelling is related to an
agricultural activity or is a "farm dwelling". Farm dwelling is defined in Section 205-
4.5(a)(4), HRS, as "a single family dwelling located on and used in conjunction with a
farm, including clusters of single-family farm dwellings permitted within agricultural
parks developed by the State, or where agricultural activity provides income to the
family occupying the dwelling." The two existing dwellings on the subject property
qualified as farm dwellings and will continue to remain as so should the boundary
amendment be approved. Thus, the requested boundary amendment would be in the
direction of fulfilling the permissible uses of the rural designation.
The requested Rural District reclassification action also conforms to the following
goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-
cultural advancement - Housing objectives and policies:
(a) Planning for the State's socio-cultural advancement with regard to housing
shall be directed towards achievement of the following objectives:
(1) Greater opportunities for Hawaii's people to secure reasonably priced,
safe, sanitary, livable homes located in suitable environments that
satisfactorily accommodate the needs and desires of families and
individuals.
(2) The orderly development of residential areas sensitive to community
needs and other land uses.
(b) To achieve the housing objectives, it shall be the policy of this state to:
(1) Effectively accommodate the housing needs of Hawaii's people.
15Page
(2) Stimulate and promote feasible approaches that increase housing
choices for low-income, moderate-income and gap-group households.
(3) Increase home ownership and rental opportunities and choices in
terms of quality, location, cost, densities, style, and size of housing.
(4) Promote design and location of housing developments taking into
account the physical setting, accessibility to public facilities and
services, and other concerns of existing communities and surrounding
areas.
(5) Foster a variety of lifestyles traditional to Hawaii through the design
and maintenance of neighborhoods that reflect the cultures and
values of the community.
33. HAWAII COUNTY GENERAL PLAN
In order to consider an area for any type of zoning designation,the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is
only through a comprehensive policy analysis approach that evaluations and decisions
can be made to better time or stage developments to achieve quality growth. The
implications of these evaluations and decisions must also be considered as they may
have an impact on other similar areas in the County.
Land use is one of the principal focal points of public concern and policy. The
Land Use Element of the General Plan provides the primary basis for direct control and
guidance of publicly and privately owned resources. It is also intended to be used as a
policy guide for the coordinated growth and development of all sectors of the County. It
sets forth goals, policies, standards and courses of action to accommodate growth
without congestion, to designate and preserve the lands needed for residential use,
commercial and visitor services, industry, agriculture and open space, and to coordinate
these uses with the County's service and circulation systems. The overall Land Use
goals, policies and standards are set forth to physically plan the lands in the County in
the best interest of the island's residents.
16Page
In addition to its goals, policies and standards, the General Plan also includes the
Land Use Pattern Allocation Guide (LUPAG) Map, which is a graphic representation of
the document's goals and policies to guide the coordinated growth and development of
all sectors of the County by presenting a graphic depiction of the physical relationship
among the various land uses. The LUPAG Map establishes the basic urban and non-
urban form for areas within the County.
The subject property is designated for Rural uses, which includes existing
subdivisions that have a significant residential component, such as Kanehoa Subdivision.
The intent of the State Land Use District Boundary amendment and change of zone
requests is to separate two (2) existing single-family dwellings situated within the 5.848-
acre property into their own separate properties for estate planning purposes.
Physically, the net effect of this change of zone request will result in no change of use of
the existing property.
There are many goals, policies, standards and courses of actions within the
General Plan that speak towards the protection of important agricultural lands within
the County, and it would be insincere to present this change of zone request in any
manner more than that simply a matter of estate planning to partition a piece of land so
that two existing single-family dwellings will maintain their own separate lots.
Given the LUPAG Map designation of Rural for this particular area of 'Ouli, the
requested State Land Use District Boundary amendment and change of zone would be
consistent in maximizing choices of single-family residential lots for our island residents
by breaking a larger lot with two existing homes into separate homesites, making it
more manageable as each existing home is owned by separate parties.
Overall, the requested State Land Use District Boundary amendment and change
of zone to a rural (R/RA-2a) designations would be appropriate land use pattern in this
particular area and supported by a significant number of similar land use actions
stretching over two decades, and simply because the existing use of the property will
continue as residential homesites.
17Page
Therefore, for the reasons stated above and further below, approval of the State
Land Use District Boundary amendment and change of zone requests will conform to
the following goals, policies and standards of the Land Use Element of the General Plan:
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural and physical environments of the County.
• Allocate appropriate requested zoning in accordance with the existing or
projected needs of neighborhood, community, region and County.
• Encourage the development and maintenance of communities meeting the
needs of its residents in balance with the physical and social environment.
• Zoning requests shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Land Use District, compatibility with adjacent
zoned uses, availability of public services and utilities, access, and public need.
Approval of these requests will also conform to the following relevant goals and
policies of the Housing Element:
• Attain safe, sanitary, and livable housing for the residents of the County of
Hawaii.
• The cornerstone of the County's housing programs and activities shall continue
to be the encouragement and expansion of appropriate home ownership
opportunities for our residents.
• Rural-style residential-agricultural developments, such as new small scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
• The County shall review and amend if necessary land use ordinances and codes to
include considerations for rural-style residential subdivisions in appropriate
locations. Standards and criteria for the establishment of these areas shall be
developed.
The requested amendments will be the best classification for these lands and in
the best interest of the island's residents. The Rural designation and RA-2a zoning are
the appropriate designations as it has access to community services, employment
18Page
centers and necessary utilities. The proposed action meets the needs of the South
Kohala community by providing residential-agricultural type lots and is in balance with
the physical and social environment.
The proposed action is consistent with the General Plan and the surrounding
zoning and land uses. The Council has consistently supported Rural designations and
uses for this subdivision and the immediate area surrounding the subject property.
34. SOUTH KOHALA COMMUNITY DEVELOPMENT PLAN
The South Kohala Community Development Plan (SKCDP) provides specific land use
guidance in select areas like the main population centers of Waimea and Waikoloa Village and
smaller communities like Kawaihae and Puako. However,there are no land use policies or land
use guidance specific to this 'Ouli area that includes the subject property. However, district-
wide policies focused on the following priorities for the entire district:
• Preserve Culture/Sense of Place
• Traffic and Transportation
• Affordable Housing
• Emergency Preparedness
• Environmental Stewardship and Sustainability
Given the purpose of these land use amendment requests are to facilitate the
subdivision of an existing property into only two (2) lots, each of which will
accommodate existing single-family dwellings, its approval will not have any adverse
effects upon these important policies since the net effect will be to preserve the "status
quo". And like other similar restrictions associated with similar land use amendment
requests throughout the Kanehoa and adjoining Anekona subdivisions, the Applicant
would be receptive to establishing restrictive covenants in the deeds of the proposed
lots within the subject property that will give notice that the terms of the zoning
ordinance prohibit the construction of a second dwelling unit and condominium
property regimes on each lot.
19Page
35. PUBLIC SERVICES AND UTILITIES
Access to the subject property is provided by Ouli Street, a privately owned and
maintained roadway maintaining a 50-foot wide right-of-way with 16' of asphalt paving
and grass swales. No new driveway access onto Ouli Street will be required as each
existing home currently maintains its own separate driveway.
County water is currently servicing both existing single-family dwellings on the
subject property. No further water service is necessary. Wastewater is currently being
accommodated by two existing septic systems.
The property maintains a gentle slope of about 5 percent and is extensively
improved for single-family residential and agricultural uses. There are no severe
geological or topographical problems within the subject property that cannot be
properly rectified or which would render the land unusable for its intended purposes.
According to the Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency
Management Agency (FEMA),the subject area is within Zone X, an area determined to
be outside the 500-year flood plain. The subject property is also located outside of any
coastal flooding zone or tsunami evacuation area.
36. COASTAL ZONE MANAGEMENT
The requested State Land Use District Boundary amendment and change of zone
requests, if approved, are not contrary to Chapter 205A, Hawai'i Revised Statutes
relating to Coastal Zone Management. The subject property is not situated within the
SMA, being located at least 4.75 miles from any lands that are situated within the SMA.
For this reason,the subject property is not subject to any coastal hazard nor anticipate
to have any adverse impact upon coastal resources. There is no record of a designated
public access that traverses the property. As the site has been previously cleared and
completely developed as a residential homesites, it is not anticipated that the proposed
request will have any adverse impact on cultural or historical resources in the area.
201 Page
In view of the 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 in terms of the cultural, historical, and natural resources and the
associated traditional and customary practices of the site.
As the subject property has been physically altered and extensively improved
and landscaped as a home site with two single-family dwellings, agricultural uses and
related improvements, it is unlikely that there are any valued cultural, historical, and
natural resources to be found within the property. For this reason, the Applicant could
find no evidence of any possible adverse effects or impairments that will occur to any
valued resources should these land use amendment requests be approved. Should the
Applicant inadvertently encounter any remains of historic sites, such as rock walls,
terraces, platforms, marine shell concentrations or human burials, the Applicant agree
to cease any work in the immediate area and contact the Department of Land and
Natural Resources-State Historic Preservation Division (DLNR-HPD), resuming activities
only upon securing archaeological clearance from DLNR-HPD when it finds that
sufficient mitigation measures have been taken.
37. CONCLUSION
Based on the discussion above, the Applicant find that approval of the State Land
Use District Boundary amendment from Agricultural to the Rural District and a Change
of Zone from Agricultural-minimum 5-acre lot size (A-Sa)to a Residential Agricultural-
2 acre (RA-2a) zoning district will conform to the goals, policies and standards of the
General Plan and will not have a significant adverse impact upon coastal resources; and
would result in an appropriate land use pattern that will further the public necessity and
convenience and the general welfare.
211 Page
as-2o ONING SUBIfCI P.IAC6�
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12
VICINITY 14AP
4r Loi
5.8L ACRE S Po rte..
ST-
OUT, STREET
V s
REZONING EXHIBIT °ar
PROPOSED A-5a TO RA-2a ZONING
MAP SHOWING QWEKQ
LOT 15
OF KANEHOA SUBDIVISION
(FILE PLAN 1845)
dA,�,r �oea.� Being o Portion of R.P. 2237, L.C. Aw. 8518—B, Ap. 1 to James Young Konehoo
°°,� "�°"° 9°'�°-"-xi°"°•= At Ouli, South Koholo
Island and County of Howoii, Stote of Howoii
�r ori - _ -s�r°eHNr�ii°eo�VrsEs"�
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
H I LO, HAWAII
DATE: June 13, 2022
w4wel"449M
TO: Zendo Kern, Planning Director
FROM: Department of Public Works, Engineering Division
SUBJECT: STATE LAND USE BOUNDARY AMENDMENT(PL-SLU-2022-000006)
Request: Agricultural to Rural
CHANGE OF ZONE APPLICATION (PL-REZ-2022-000026)
Request: Agricultural-5 Acres (A-5a) to Residential Agricultural-2 Acres (A-2a)
Applicant: Arte McCollough
TM K: 6-2-009:015
We have reviewed the subject request forwarded by your memo dated May 11, 2022 and provide
the following:
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.
All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and
Sedimentation Control, of the Hawaii County Code. Agricultural operations may qualify for a
conservation program with the applicable soil and water conservation district. An approved
conservation program would be an exclusion to Chapter 10.
Install streetlights and traffic control devices as may be required by the Traffic Division,
Department of Public Works. The applicant shall be responsible for the design, purchase, and
installation of such devices.
Questions may be referred to Robyn Matsumoto at 961-8924.
Planning Dep;.
Exhibit 4
County of Hawaii is an Equal Opportunity Provider and Employer
Cali PLANNING DEPT
C O WA 7; MAY 20 2022 1H2:19
I
DEPARTMENT OF WATER SUPPLY - COUNTY OF HAWAVI
c ••�.....-tea*� 345 KEKUANAO'ASTREET, SUITE 20 - HILO, HAWAII 96720
OF H.H plI•
TELEPHONE (808) 961-8050 • FAX (808) 961-8657
May 19, 2022
TO: Mr. Zendo Ken, Director
Planning Department
FROM: Keith K. Okamoto, Manager-Chief Engineer
SUBJECT: State Land Use Boundary Amendment (PL-SLU-2022-00006)
Request—Agriculture to Rural
Change of Zone Application (PL-REZ-2022-000026)
Request: Agricultural -5 Acres (A-5a) to Residential and Agricultural—2 Acres
(RA-2a)
Applicant—Arte McCollough
Tax Map Key 6-2-009:015
We have reviewed the subject application and have the fallowing comments and conditions.
Please be informed that there are two (2) existing meters(Account Nos. 830-88339 and 830-88340)
fronting the existing 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.
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,
Vt/V 0
Keith K. Okamoto, P.E.
Manager-Chief Engineer
TS:dfg
copy - Arte McCollough
Planning Dept. dater, Our Wost(Precious(&source. . . 2(,a Wai-A 7 ne. . .
Exhibit 5 The Department of Water Supply is an Equal❑pportunity provider and employer.
,r�V.oc N1
Mitchell D.Roth ' Ramzi I.Mansour
Director
Mayor
Lee Lord :�` Brenda Iokepa-Moses
��'°F � Deputy Director
Managing Director
County of Hawai'i
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekuanao`a Street,Suite 41 -Hilo,Hawaii 96720 -cohdem@hawaiicounty.gov
Ph: (808)961-8083 •Fax: (808)961-8086
MEMORANDUM
TO: Zendo Kern, Director
Planning Department
FROM: Ramzi I. Mansour, Directoq (g,%13U\11
G
Department of Environmental Management
p g
DATE: May 17, 2022
SUBJECT: State Land Use Boundary Amendment (PL-SLU-2022-000006)
Request: Agricultural to Rural
Change of Zone Application (PL-REZ-2022-000026)
Request: Agricultural-5 Acres (A-5a) to Residential and Agricultural-2 Acres
(RA-2a)
Applicant: Arte McCollough
Tax Map Key: (3) 6-2-009:015; South Kohala, Hawaii
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.
Exhibit 6 County of Hawai'i is an Equal Opportunity Provider and Employer
Ramzi I. Mansour, Director
May 17, 2022
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 DEM 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:pls
2
Mori, Ashley
From: Baybayan, Clinton
Sent: Friday, May 13, 2022 5:23 AM
To: Henderson, Royd; Araujo, Jaclyn; Planning Internet Mail
Cc: Kawasaki, Edward; Kurashige, Palani
Subject: Re: Request for Comments on App. Nos. PL-REZ-2022-026 & PL-SLU-2022-006 on
TMK: (3) 6-2-009:015
Jackie,
We will be requiring the compliance with Chapter 26 of the Hawaii County Code for this project.
Thanks,
Clinton K. Baybayan
Fire Captain
Hawaii Fire Department
Prevention Branch
(W) 808-323-4761
From: Henderson, Royd
Sent:Thursday, May 12, 2022 1:43 PM
To:Araujo,Jaclyn; Planning Internet Mail
Cc: Baybayan, Clinton
Subject: RE: Request for Comments on App. Nos. PL-REZ-2022-026 & PL-SLU-2022-006 on TMK: (3) 6-2-009:015
Jackie,
No comments for HFD. Thank you, have a great week!
Royd
Royd Henderson
Fire Prevention Inspector II
Hawaii Fire Department Prevention Branch
(808) 937-7867
From:Araujo,Jaclyn
Sent: Wednesday, May 11, 2022 11:34 AM
To: DPW Eng<dpweng@hawaiicounty.gov>; dwsengineeringreview@hawaiidws.org; cohdem
<cohdem@hawaiicounty.gov>; HCPDONE <HCPDONE@hawaiicounty.gov>; Fire Admin <fire@hawaiicounty.gov>;
Kurashige, Palani <Palani.Kurashige@hawaiicounty.gov>; Henderson, Royd <Royd.Henderson@hawaiicounty.gov>;
Kawasaki, Edward <Edward.Kawasaki@hawaiicounty.gov>; Baybayan, Clinton <Clinton.Baybayan@hawaiicounty.gov>;
Surprenant, April <April.Surprenant@hawaiicounty.gov>; Morrison, Bethany<Bethany.Morrison@ hawaiicounty.gov>;
Kato, Norren <Norren.Kato@hawaiicounty.gov>; Santiago, Hans<Hans.Santiago@hawaiicounty.gov>;
Planning Dep . 1
Exhibit 7
sktscsecretary@gmail.com; Honda, Eric<Eric.Honda @doh.hawaii.gov>; michael.une@doh.hawaii.gov;
dbedt.stateplanning@hawaii.gov; dlnr@hawaii.gov; dlnr.land@hawaii.gov; PIFWO_Admin, FW1
<p ifwo_ad m i n @fws.gov>
Cc: Camero, Tracie-Lee <Tracie-Lee.Camero@hawaiicounty.gov>; Sauer, Noriko<Noriko.Sauer@hawaiicounty.gov>;
Dacayanan, Melissa <Melissa.Dacayanan@hawaiicounty.gov>
Subject: Request for Comments on App. Nos. PL-REZ-2022-026 & PL-SLU-2022-006 on TMK: (3) 6-2-009:015
Importance: High
Aloha Kakou,
Please see attached Mcmc..._rc tions.
Link to review the applications in the County's web-based EPIC system can be found below:
Arte c oUoug_h._'s..._Ch n e..._of..._Zone..._ _r ..._State...._Land_ ...._Us_e...._Bou_nd r Amendment A.....P.! c ti_c_ns
We kindly ask that you submit your comments to .p.! n @hawaficounty..�. no later than
June 13, 2022.
Should you have any questions, please feel free to reach out to Tracie-Lee Camero at (808) 961-
8166.
Have a wonderful day Et take care!
Mahalo nui loa,
Jadyn Araujo
Planning Commission Support Technician
County of Hawaii - Planning Department
101 Pauahi Street, Suite 3
Hilo, HI 96720
Phone: (808) 961-8288
COUNTY OP HAWA I
Electron I
Information enter I
We hope that the County of II Nawali`li's EPIC systemhas made your applllicatlion process convenient
and easy. Connecting with us for h6lp is just a cllliclk away. Cllliclk here to request support. IFor more;
information go to :// ii i- r_ v . l r / / I is /
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s)and may
contain confidential and/or privileged information. Any review, use,disclosure,or distribution by unintended recipients is
prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original
message.
2
DAVID Y.IGE o F„ ELIZABETH A.CHAR,M.D.
GOVERNOR OF HAWAII p �B ev a y DIRECTOR OF HEALTH
"t01°
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
HILO, HAWAII 96721-0916
MEMORANDUM
DATE: May 13, 2022
TO: Mr. Zendo Kern
Planning Director, County of Hawaii
FROM: Eric Honda
District Environmental Health Program Chief
SUBJECT: State Land Use Boundary Amendment(PL-SLU-2022-000006)
Request: Agricultural to Rural
Change of Zone Application (PL-REZ-2022-000026)
Request: Agricultural 5 Acres to Residential and Agricultural 2 acres
Applicant: Arte McCollough
TMK: 6-2-009 : 015; South Kohala, Hawaii
The Department of Health(DOH), Clean Water Branch (CWB), offers the following comments:
Permit Issuance
* Any project and its potential impacts to State waters must meet the State's:
1) Antidegradation policy, which requires that the existing uses and the level
of water quality necessary to protect the existing uses of the receiving
State water be maintained and protected;
2) Designated uses, as determined by the classification of the receiving State
waters; and
3) Water quality criteria [Hawaii Administrative Rules (HAR), Chapter 11-54],
* A Section 401 Water quality Certification (WQC) is required if your
project/activity:
- Requires a federal permit, license, certificate, approval, registration, or
Statutory exemption; and
- May result in a discharge into State waters. The term "discharge" is
defined in Clean Water Act, Subsections 502(16), 502(12), and 502(6).
Examples of"discharge" include, but are not limited to, allowing the
following pollutants to enter State waters from the surface or in-water:
solid waste, rock/sand/dirt, heat, sewage, construction debris, any
underwater work, chemicals, fugitive dust/spray/paint, agricultural wastes,
Planning Dept.
Exhibit 8
Zendo Kern
May 16, 2022
Page 2 of 4
biological materials, industrial wastes, concrete/sealant/epoxy, and
washing/cleaning effluent.
Determine if your project/activity requires a federal permit, license, certificate,
approval, registration, or statutory exemption by contacting the appropriate
federal agencies (e.g. Department of the Army (DA), U.S. Army Corps of
Engineers (COE), Pacific Ocean Division Honolulu District Office (POH) Tel:
808-835-4303; U.S. Environmental Protection Agency Tel: 415-947-8021;
Federal Energy Regulatory Commission Tel: 866-208-3372; U.S. Coast Guard
Office of Bridge Programs Tel: 202-372-1511).
To request a Section 401 WQC, you must complete and submit the Section 401
WQC application. This application is available on the e-Permitting Portal website
located at: https:Heha-cloud.doh.hawaii.gov/epermit/.
Please see HAR, chapter 11-54 for the State' Water Quality Standards and for
more information on the Section 401 WQC. HAR, Chapter 11-54 is available on
the CWB website at: http://health.hawaii.gov/cwb/.
• National Pollutant Discharge Elimination System (NPDES)permit coverage is
required for:
-Storm water associated with construction activities for land disturbances of
one (1) acre or more. Land disturbance includes, but is not limited to,
clearing, grading, grubbing, excavation, demolition, uprooting of vegetation,
equipment staging, and storage areas.
-Storm water associated with industrial activities for facilities with Standard
Industrial Classification Codes regulated in 40 CFR 122.26(b)(14)(i)through
(ix) and (xi).
-Storm water and certain non-storm water from a small Municipal Separate
Storm Sewer System.
-Discharges of water pollutants into State surface waters. Examples of these
discharges include, but are not limited to, cooling water, hydrotesting waters,
dewatering effluent, and process wastewater.
-Discharges from the application of pesticides (including pesticides,
herbicides, fungicides, rodenticides, and various other substances to control
pest) to State waters.
An application for an NPDES individual permit must be submitted at least 180
calendar days before the commencement of the discharge or start of construction
activities. To request and NPDES individual permit, you must complete and
submit the NPDES individual permit application. This application is available on
the e-Permitting Portal website located at:
https:Heha-cloud.doh.hawaii.gov/epermit/.
Zendo Kern
May 16, 2022
Page 3 of 4
A Notice of Intent(NOI) for coverage under a specific NPDES general permit
must be submitted at least 30 calendar days before the commencement of the
discharge or start of construction activities. To request NPDES general permit
coverage, you must complete and submit the NOL The NOI is available on the
e-Permitting Portal website located at:
https:Heha-cloud.doh.hawaii.gov/epermit/.
Please see HAR, Chapter 11-55 for more information on the NPDES individual
permit and NPDES general permits. The specific NPDES general permits
located in HAR, Chapter 11-55, Appendices B through M. HAR, Chapter 11-55
and HAR, Chapter 11-55, Appendices B through M are available on the CWB
website at: http://health.hawaii.gov/cwb/.
• According to State law, all discharges related to the project construction or
operation activities, whether or not NPDES permit coverage and/or Section 401
WQC are required, must comply with the State's Water Quality Standards.
Monitoring
• Effluent discharge and/or receiving water monitoring may be required as
conditions of Section 401 Water Quality Certifications and NPDES General and
Individual permits.
Enforcement
• Noncompliance with water quality requirements contained in HAR, Chapter 11-54
and/or permitting requirements specified in HAR, Chapter 11-55 may be subject
to penalties of$25,000 per day per violation.
• Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative,
civil and criminal penalties for such violations.
Polluted Runoff Control
• Manage projects identified in watershed-based plans that reduce polluted runoff
and educate the public about nonpoint source pollution. Projects are selected
through an annual request for proposals. Funding is provided by the EPA
through the Clean Water Act. For more information on projects and funding
opportunities, please visit: www.hawaii.gov/doh/pollutedrLinoffcontrol.
The applicant would need to meet the requirements of our Department of Health Air Pollution
Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss
these requirements, please contact our Clean Air Branch staff at Ph. 933-0401.
Zendo Kern
May 16, 2022
Page 4 of 4
Construction activities must comply with the provisions of Hawaii Administrative Rules,
Chapter 11-46, "Community Noise Control."
1. The contractor must obtain a noise permit if the noise levels from the construction
activities are expected to exceed the allowable levels of the rules.
2. Construction equipment and on-site vehicles requiring an exhaust of gas or air
must be equipped with mufflers.
3. The contractor must comply with the requirements pertaining to construction
activities as specified in the rules and the conditions issued with the permit.
Should there be any questions on this matter please contact the Department of Health at 933-
0917.
Wastewater Branch has no comment to the proposed application.
S12ANWE Il.CASE
DAVIDI-JCE snARDoru�-o�Dt��nnALREsaLRCEs
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ROBERT K.NrASLDA
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STATE OF HAWAII
HAVIA�� CON SER%"Ana"AND COAWAL LAI DS
DEPARTMENT OF LAND AND NATURAL RESOURCES `°h "A"�AND RESOURCES ORRfEa4EttT
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DIVISION OF FORESTRY AND WILDLIFE FMr�sr�PU�� N''TPO
1151 PUNCHBOWL STREET,ROOM 325 KMOOIAwr ISLA.\a RESERVE cov"SSION
LA3a
HONOLULU,HAWAII 96813 STATE PARr:s
June 3, 2022
MEMORANDUM Lag no. 3666
TO: RUSSELL Y. TSUJI, Land Administrator
Land Division
FROM: DAVID G. SMITH, Administrator
Division of Forestry and Wildlife
SUBJECT: Division of Forestry and Wildlife Comments for the State Land Use Boundary
Amendment & Change of Zone Application Submitted by the County of
Hawaii of behalf of Arte McCollough for a Parcel in South Kohala on Hawaii
The Department of Land and Natural Resources,Division of Forestry and Wildlife(DOFAW)has
received your request for comments on the State Land Use Boundary Amendment(PL-SLU-2022-
000006) and the Change of Zone Application (PL-REZ-2022.000026) from applicant Arte
McCollough for a parcel located at`Ouli Street,Kamuela, South Kohala,on the island of Hawaii;
TMK: (3)6-2-009:015.The applicant is requesting two land use district boundary amendments for
a 5.848-acre land from the Agricultural to the Rural District and a change of zone from
Agricultural-5 acres (A-5a) to a Residential Agricultural (RA-2a) zoning district in order to
facilitate a proposed 2-lot subdivision, approximately 2.9 acres each; both subdivisions will
accommodate an existing single-family dwelling. The primary purpose for these requests is solely
for estate planning as the subject property currently consists of two condominium property
regimens (CPR), each accommodating one of the two existing single-family dwellings. No site
development or improvements will be conducted.
Thank you for the opportunity to review and comment on the subject matter. Since no site
development or improvements will be taking place at the site, DOFAW has no current concerns
regarding impacts to listed species. In the event that the scope of the project changes significantly,
however, or should it become apparent that threatened or endangered species may be impacted,
please consider the following comments regarding the potential listed species that may occur in
the vicinity of the project area.
The State I1sted Hawaiian Hoary Bat or `Ope`ape`a(Lariurus cinereus semntus)could potentially
occur in the vicinity of the project area and may roost in nearby trees. Any required site clearing
should be timed to avoid disturbance to bats during their birthing and pup rearing season (June 1
through September 15). During this period woody plants greater than 15 feet (4.6 meters) tall
should not be disturbed,removed,ortrimmed. Barbed wire should be avoided for any construction
Planning Dept.
Exhibit.
because bat mortalities have been documented as a result of becoming ensnared by this type of
fencing during flight.
Artificial lighting can adversely impact seabirds that may pass through the area at night by causing
them to become disoriented. This disorientation can result in collision with manmade structures
or grounding of birds. For nighttime work that might be required, DOFAW recommends that all
lights used be fully shielded to minimize impacts. Nighttime work that requires 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, starry skies of
Hawaii please visit: https:Ildlnr.bawaii.govlwildlifelfiles120161031DOC439.pdf.
The State-listed Hawaiian Goose or Nene (Branta sandvicensis) has the potential to occur in the
vicinity of the proposed project site. It is against State law to harm or harass this species. If any
are present during construction activities, then all activities within 100 feet (30 meters) should
cease, and the bird should not be approached. Work may continue after the bird leaves the area of
its own accord. If a nest is discovered at any point, please contact the Hawaii Island Branch
DOFAW Office at(808)974-4221.
The State listed Hawaiian Hawk or `Io (Buten solitarius) may occur in the project vicinity.
DOFAW recommends surveying the area to ensure no Hawaiian Hawk nests are present if trees
are to be cut. `Io nests may be present during the breeding season from March to September.
The project area falls within or is encompassed by the historic range of the State listed Blackburn's
Sphinx Moth (BSM; Manduca blackbui-ni). Larvae of SSM feed on many nonnative hostplants
that include tree tobacco (Nicatiana glauca) which grows in disturbed soil. We recommend
contacting our Hawaii Island Branch DOFAW office at (808) 974-4221 for further information
about where SSM may be present and whether a vegetation survey should be conducted to
determine the presence of plants preferred by BSM. DOFAW recommends removing plants less
than one meter in height or during the dry time of the year to avoid harm to BSM. If you intend
to either remove tree tobacco over one meter in height or to disturb the ground around or within
several meters of these plants they must be thoroughly inspected by a qualified biologist for the
presence of BSM eggs and Iarvae.
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, Coqui Frogs). We recommend consulting
the Big Island Invasive Species Committee (BIISQ 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.
To prevent the spread of Rapid `Ohi`a Death (ROD), if `ahi`a trees are present and will be
removed, trimmed, or potentially injured DOFAW requests that the information and guidance at
the following website be reviewed and followed: https.//cros.ctahr.liawaii.edu/rod.
DOFAW recommends using native plant species for landscaping that are appropriate for the area
(i.e., climate conditions are suitable for the plants to thrive, historically occurred there, etc.).
Please do not plant invasive species. DOFAW recommends consulting the Hawaii-Pacific Weed
Risk Assessment website to determine the potential invasiveness of plants proposed for use in the
project(11=s://sites.google.comlsitelweedriskassessmentlhome). We recommend that you refer to
www.plantpono.org for guidance on selection and evaluation for landscaping plants.
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.radley@hawaii.gov.
Sincerely,
DAVID G. SMITH
Administrator
SUZANNE D.CASE
DAVID Y.IGE Y QTR' CHAIRPERSON
GOVERNOR OF •(�..•• �^V :. BOARD OF LAND AND NATLRAL RESOLRCES
HAWAII �;�P.• y9.58 N q'�y COMMISSION ON WATER RESOURCE MANAGEMENT
ROBERT K MASUDA
FAST DEPUTY
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COMMISSION ON WATER RESOURCE MANAGEMENT
CONSERVATION AND COASTAL LANDS
CONSERVATION AND RESOURCES ENFORCEMENT
STATE OF HAWAII ENGEM TWIL
FORESTRY AND W[LDL[FE
SareofFiz ' DEPARTMENT OF LAND AND NATURAL RESOURCES R,HGGLA�ISLAND ESSER�TCOMMISSION
LAND
STATE HISTORIC PRESERVATION DIVISION STATE PARRS
KAKUHIHEWA BUILDING
601 KAMOKILA BLVD.,STE 555
KAPOLEI,HI 96707
June 3,2022
IN REPLY REFER TO:
Zendo Kern,Planning Director Project No.2022PR00621
County of Hawaii Doc.No. 2206JG05
101 Pauahi Street, Suite 3 Archaeology
Hilo,HI 96720
plannin hawahcount�gov
Dear Mr.Kern:
SUBJECT: Chapter 6E-42 Historic Preservation Review—
Proposed Rezone for the McCollough and Moran Property from A-5a to RA-2a
`Ouli Ahupua`a,South Kohala District,Island of Hawaii
TMK: (3)6-2-009:015
This letter provides the State Historic Preservation Division's(SHPD) review of the subject Change of Zone Permit
Application. The SHPD received the subject submittal on May 13,2022.It included a permit application,a site plan,
correspondence dated May 11, 2022 (Arte McCollough [landowner] to Zendo Kern [County of Hawaii Planning
Department]), and a street-view photo of the subject project parcel. The applicant, Arte McCollough,proposes the
rezoning of a 5.848-acre parcel from an Agricultural District(5-acre minimum; A-5a) to a Residential Agricultural
District(2-acre minimum; RA-2a)in support of a proposed subdivision of the parcel into two separate lots (a 2.913-
acre lot and a 2.935-acre lot). The applicant indicates the current project area was impacted by previous ground-
disturbing activities associated with residential development.
A review of SHPD records indicates that no archaeological inventory survey has been conducted and that no historic
properties have been identified previously within the project area. Aerial imagery confirms that the project area has
been previously impacted by residential development. Thus, it is unlikely that any unidentified historic properties
remain intact within the project area.
Based on current information, SHPD's determination is no historic properties affected for the proposed project.
Pursuant to HAR §13-284-7(e), when the SHPD agrees that the action will not affect any significant historic
properties, this is the SHPD's written concurrence and historic preservation review ends. The historic preservation
review process is ended.The permit issuance process mU proceed.
Attach to permit: In the unlikely event that historic properties such as lava tube openings,concentrations of artifacts,
structural remains or human skeletal remains are found during construction activities please cease work in the
immediate vicinity of the find, protect the find from additional disturbance, and contact the State Historic
Preservation Division at(808)933-7651.
Please contact Joshua Gastilo at (808) 933-7653 or at Joshua.gastiloghawaii.gov for any questions regarding this
letter.
Aloha, 11ge nDGi/eg/-
Alan S.Downer,PhD
Administrator, State Historic Preservation Division
Deputy State Historic Preservation Officer
Planning Dept.
Exhibit 10
Mr.Kern
06/03/2022
Page 2
cc: Tracie-Lee Camero,tracie-lee.camerokhawaiicounty.gov
Daryn Arai,darn.araigoutlook.com
Clinton Mercado,clinton.mercadogli wahcount�Rov
Arte McCollough, artemc71kgmail.com
111'.)aryn Arai
Ill,,,,,and Use 111�)Ilanning Consultant
June 28, 2022
Mr. Zendo Kern, Planning Director
County of Hawaii Planning Department
101 Pauahi Street, Suite 3
Hilo, HI 96720
Dear Director Kern:
Subj ect: Response to Agencies' comments regarding
State Land Use Boundary Amendment PL-SLU-2022-000006
Change of Zone Application PL-REZ-2022-000026
Applicant: Arte McCollough
TMK: 6-2-009:015, Kanehoa Subdivision, `Ouli, South Kohala, Hawaii
This letter will respond to comments received from consulting agencies that have reviewed the
above-described requests, to which the Applicant offers this consolidated response.
Office of Planning and Sustainable Development(email dated May 16, 2022)
The Applicant acknowledges that the Office of Planning and Sustainable Development
had no comments on the subject applications.
Department of Land and Natural Resources (letter dated June 3, 2022)
The Department of Land and Natural Resources concludes that"no historic properties
affected' as a result of approval of the proposed requests due to aerial imagery
confirming that the subject property has been impacted by residential development.
Department of Land and Natural Resources-Engineering Division (memo dated May 12, 20221
The Applicant acknowledges that the DLNR-Engineering Division had no comments on
the subject applications.
Department of Land and Natural Resources-Land Division (memo dated May 12, 2022)
The Applicant acknowledges that the DLNR-Land Division had no comments on the
subject applications
P.O.BOX 4501,HILO HAWAII 96720 Planning Dept.
PHONE: (808)895-3218 EMAIL:DARYN ARAI@OUTLOOK.COM
Exhibit 11
Mr. Zendo Kern, Planning Director
Page 2 of 4
June 28, 2022
Department of Land and Natural Resources-Division of Forestry and Wildlife (memo dated
June 3, 2022
The Applicant acknowledges that the DOFAW "has no current concerns regarding
impacts to listed[plant or animal] species."
While DOFAW did note a number of listed species that may occur in the vicinity of the
subject property and potential adverse effects should the project scope change, the
requested RA-2a zoning will not allow for a change in overall scope of the proposed
project. Furthermore, the extensively improved nature of this residential property is not
conducive as a habitat for these listed species.
Department of Health (memo dated May 13, 2022)
The Applicant acknowledges the Department of Health's comments regarding clean
water regulations related to construction-related activities and associated storm-water
discharge. As the subject requests are in support of the subdivision of the subject
property into two lots, each of which will accommodate an existing single-family
dwelling with no additional site or vertical improvement, these development-related
regulations are not applicable.
While not specifically mentioned in its memo, the two existing single-family dwellings
are individually serviced by its own septic system, installed in compliance with State
Department of Health requirements.
Department of Water Supply (letter dated June 13, 2022)
The Department of Water Supply (DWS) had no objections to the subject requests, due to
existing water service provided to each existing single-family dwelling. The Applicant
will confirm with DWS on which existing water service accounts will individually
service the two proposed lots.
The Applicant will coordinate with DWS regarding the need to relocate one of the
existing water meter or service laterals. Utility easements are in place and will be
preserved during the subdivision process, therefore not necessitating the relocation of any
water meter or laterals as both are directly fronting the existing property along Ouli Street
(see Application Figure 3-Site and Proposed Subdivision Plan). This matter will be
discussed and coordinated with the Department of Water Supply during the subdivision
process and whatever is ultimately decided by that agency, the Applicant will comply.
The Applicant therefore requests that conditions of approval, should these requests be
favorably supported, not specifically mandate the relocation of one of the existing water
meters.
Mr. Zendo Kern, Planning Director
Page 3 of 4
June 28, 2022
Department of Environmental Management(memo dated May 17, 2022)
As the scope of the proposed project is to subdivide the subject property into two lots that
will each individually accommodate the two existing single-family dwellings, no
construction-related activities are proposed and therefore, there will be related
construction-related impacts upon the County's transfer stations. Any green waste
generated by the existing agricultural activities on the subject property will be disposed
of at either the Hilo or Kona Organics Facilities.
As previously mentioned, wastewater generated by the existing single-family dwellings
are being accommodated within existing septic systems compliant with State Department
of Health regulations.
Department of Public Works (memo dated June 13, 2022)
The proposed requests will involve no intensive or extensive site work or construction
activities. The only improvements may be related to the possible relocation of one of the
existing water meters. The Applicant does note the need to comply with the County's
grading and grubbing regulations should on-site earthwork activities ever occur.
Regarding the possible need for new street lights or traffic control devices along Ouli
Street, the purpose of these boundary amendment and rezoning requests is to allow for
the partition of the subject property into two lots, each of which will accommodate one of
two existing homes on the property. No additional homesites are being proposed.
Similarly, no new driveway or subdivision road is being proposed. Therefore, as no
additional residential uses or site improvements are being contemplated, we find that the
imposition of street lights and traffic control devices is excessive and not warranted based
on the proposed actions.
Fire Department(email dated May 13, 2022)
The Fire Department noted that the proposed subdivision must comply with Chapter 26
of the Hawaii County Code. It was, however, not clear as to what specific requirements
of the Fire Code is applicable to the proposed project.
As the proposed action involves the subdivision of the subject property into two lots,
each of which will accommodate an existing single-family dwelling with no associated
on-site or off-site infrastructure improvements beyond the possible relocation of an
existing water meter, the Applicant believes that the proposed action already complies
with applicable Fire Department regulations as expressed in Chapter 26 of the Hawaii
County Code. No additional homesites are being proposed and no subdivision road is
being created.
Mr. Zendo Kern, Planning Director
Page 4 of 4
June 28, 2022
Regardless, should any Fire Code-required improvements be necessary and defined
during the subdivision process, the Applicant will comply.
We hope that we have adequately responded to comments offered by the respective agencies.
Please feel free to contact me should there be any questions or need for additional information.
Sincerely,
DARYN ARAI
Land Use Planning Consultant
copy via email: Mr. Arte McCollough
Mr. Kelly Moran