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HomeMy WebLinkAboutPD BACKGROUND REPORT (PL-REZ-2022-018) B CardozaPXZ-8.112022 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT LEONARD CARDOZA TRUST CHANGE OF ZONE APPLICATION (PL-REZ-2022-000018) LEONARD CARDOZA TRUST has submitted an application for a Change of Zone from Agricultural-20 acres (A-20a) to Family Agricultural-1 acre (FA-la) for approximately 15.411 acres of land. The subject properties are located to the north (makai) of Old Mdmalahoa Highway approximately 270 feet east of its intersection with Milo Street, Por. of Humu`ula and `0`6kala,North Hilo, Hawaii, TMK: (3) 3-9-001:023 & :031. PROPOSED ACTION 1. Applicant's Request: A Change of Zone from an Agricultural- 20 acres (A-20a)to a Family Agricultural- 1 acre for 15.411 acres of land in order to create a seven (7)lot subdivision. The proposed FA-la zoning would allow up to 15 lots to be created on the subject property. According to the Zoning Code, the Family Agricultural (FA) zoning 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. Requirements for establishing a land use in the FA zoning district, including a list of the variety of permitted land uses, are shown in Section 25-5- 60 to 62 of the Zoning Code. (Planning Department Exhibit 1 —Zoning Code Requirements for Family Agricultural Districts). 2. Reasons for the Request: If the requested land use entitlement changes are approved, the applicant is proposing to subdivide the property into seven (7) lots, consisting of 4.12 acres, 2.87 acres, 2.56 acres, 1.96 acres, 1.47 acres, 1.33 acres and 1.1 acres in size. The applicant initially considered FA-2a zoning in order to subdivide the 15.411-acre project site into seven (7) lots, in alignment with the number of available water meters; however, given the existing cane haul roads on the project site are of sufficient width and structure to serve as the primary access roadways,the proposed subdivision layout was then reconfigured to take advantage of these existing can haul roads. Thus,then resulting in -1- the reconfigured lots falling below 2 acres in size and necessitating the requested rezoning to FA-1 a. 3. Construction Timeframe: According to the applicant, a subdivision application would be filed within a year from the granting of the Change of Zone. The applicant anticipates having the property subdivided within 3 years and anticipated cost to be somewhere around $160,000. 4. Landowner: Leonard Cardoza Trust. 5. Supportive Information: The applicant has submitted the attached in support of the request. (Planning Department Exhibit 2—Change of Zone Application dated February 7,2022). STATE AND COUNTY PLANS 6. State Land Use Designation: Agricultural. 7. General Plan LUPAG Map Designation: In April 2022, the Planning Director determined that the General Plan designation for this property is Low Density Urban LUPAG designation, which allows, "residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses; overall residential density may be up to six units per acre." (P.D. Exhibit 3-Letter dated April 29,2022 from Planning Director). 8. County Zoning: Agricultural-20 acres (A-20a). 9. Hamakua Community Development Plan (CDP): The Hamakua CDP was adopted by the Hawaii County Council, Ordinance No. 18 78, on August 22, 2018,indicates that the subject property is within the Urban Growth Boundary. 10. SMA: The Special Management Area(SMA) is a part of the Coastal Zone Management Program and regulated by the County. The project site is located over 775 feet from the shoreline and is not situated within the SMA. DESCRIPTION OF PROPERTY AND SURROUNDING AREAS 11. Subject Property: The 15.411-acre project site is comprised of two separate lots, a 13.944-acre parcel and adjoining 1.467-acre road lot. The property is irregular in shape and located makai of Old Mamalahoa Highway. The site is situated at an elevation of 315 feet above sea level, and the land gently rises at a 11-24% slope from the eastern side to -2- the western side of the property. The subject property is currently improved with one (1) garage that was constructed in 1930. The property has been utilized for the service and maintenance shop that once supported cane haul trucks servicing the `O`6kala Mill. There are two easements affecting the properties: one is an easement in favor of HELCO and Hawaiian Telephone Co. for the purpose of constructing,reconstructing, repair, maintenance and operation of poles and wirelines associated with these utilities, and the other is an access and utility easement on the adjacent property to the west in favor of the applicant, which will be used to provide access to the proposed subdivision. 12. Surrounding Zoning and Land Uses: Surrounding lands are zoned A-20a on the east and south and RS-10 on the west side of Old Mamalahoa Highway. To the north of the subject property is lands zoned MG-la. The project site is located immediately makai of the residential areas of Milo Village and directly northwest of Kukui Camp Subdivision, both of which are zoned as RS-10. Immediately adjacent to the north is the former `O`6kala Mill site, comprising in excess of 40 acres of General Industrial (MG-la) zoned lands. Remaining lands adjacent to the north (makai) and east are zoned A-20a. 13. Agricultural Lands of Importance to the State of Hawaii (ALISH): Prime Agricultural Land, which is land best suited for the production of food, feed, forage and fiber crops. The land has the soil quality, growing season and moisture supply needed to produce sustained high yields of crops economically when treated and managed, including water management, according to modern farming methods. 14. Flood zone: According to the Department of Public Works (DPW) Engineering Division,the subject parcel is currently designed as Zone X on the Flood Insurance Rate Map (FIRM). Zone X is an area determined to be outside the 500-year flood plain. 15. U.S.D.A. Soil Survey: The property is classified as `O`6kala medial silty clay loam, 0 to 35 percent slopes,which has been used primarily for sugarcane. Permeability is rapid, runoff is medium and the erosion hazard is moderate. Roots can penetrate to a depth of 4 to 5 feet. 16. Land Study Bureau Soil Productivity Rating: `B" or"Very Good" soils and"E" "Very Poor" soils. 17. Archaeological/Historical Resources: No professional archaeological and cultural -3- study was conducted of the subject property. According to the applicant, the site has already been disturbed due to its past cultivation in sugarcane and its continuing use for agricultural purposes and no archeological or historical features are known to exist on the subject property. The State of Hawaii Department of Land and Natural Resources- Historic Preservation Division concurred that no historic properties would be affected by the proposed rezone in a letter dated June 7, 2022. 18. Cultural Resources: According to the applicant, it is not known whether the subject property was used in the past for the gathering of plants by Native Hawaiians. The property does not contain any features of cultural importance and there is no history of traditional gathering associated with the property. 19. Flora/Faunal Resources: There were no professional surveys conducted of the floral or faunal resources of the subject property,however the applicant does not believe that any rare or endangered floral or faunal resources are likely to be found within the subject property due to the long developed residential use and the suburban nature of the surrounding area and the long-developed use of the subject property as a service yard for the neighboring `O`6kala Mill. According to the State Department of Land and Natural Resources—Division of Forestry and Wildlife the Hoary Bat or `Ope`ape`a, the Hawaiian Duck, Hawaiian Stilt, Hawaiian Coot, the Hawaiian Goose or Nene and the Hawaiian Hawk or `Io could potentially occur in the vicinty of the project area. 20. Public Access: There is no designated public access to the mountains or the shoreline that traverses the property. 21. Traffic: Given the small scale and scope of the project, a TIAR was not performed. According to the applicant,the proposed 7-lot subdivision is expected to generate about 7 peak hour trips which is well below the 50 peak hour trip benchmark. PUBLIC SERVICES AND FACILITIES 22. Access: The subject property is currently accessed via Old Mamalahoa Highway,which is a County owned and maintained roadway which has an approximate varying width of 20 feet within an existing 50-foot right-of-way. Old Mamalahoa Highway will provide direct access to one parcel which shares its frontage. The remaining six (6)parcels will be accessed via a 50-foot wide private agricultural-standard roadway which was previously -4- used as cane haul roads. These former cane haul roads have pavement widths of at least 20 feet,with portions covered by overgrown vegetation, which will be removed to ensure that a minimum agricultural-standard pavement width and shoulders are provided. A small segment of road along the western side of the project site within the existing 40- foot wide easement and adjoining 10-foot road widening will be improved to a full 20- foot wide agricultural pavement. Based on the proposed zoning and existing 50-foot wide right-of-way of Old Mamalahoa Highway,the Department of Public Works is recommending the applicant provide paved shoulders, bike lanes and swales, drainage improvements, signs and markings, street lights and any necessary safety devices such as guardrails and utility relocation along the properties frontage. In a letter dated August 18, 2022,the applicant requested relief from this requirement for several reasons including the high cost of relocating about five utility poles in order to make these improvements. 23. Water: According to the Department of Water Supply (DWS),water can be made available from an existing 6-inch waterline along Old Mamalahoa Highway which fronts the subject parcel. The subject property is currently serviced by one (1)water meter. DWS requested 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. Additionally, DWS states that the proposed increased water commitment would be granted if the applicant constructs water system improvements, which shall include,but not be limited to: water main installation; service laterals that will accomodate a 5/8-inch meter to front each lot; relocation and adjustment of the DWS affected water systems facilities (should they be necessary); and fire hydrant space of no more than 600 feet apart. The applicant will also be required to remit the prevailing facilities charge upon completion of the required water system improvements and prior to final subdivision approval being granted. 24. Wastewater: There is no County sewer in the area. New dwellings and agricultural structures will have a septic system installed in accordance with the requirements of the State Department of Health. -5- 25. Solid Waste: There is no municipal waste collection services in the County. According to the application, solid waste will be handled by commercial haulers or individual homeowners, who will dispose of the refuse at authorized transfer stations or landfill sites. 26. Other Utilities/Services: All essential utilities and services are available to the property. Police services,fire services and medical services are available in Honoka`a, about 12 miles north of the project site. AGENCIES' COMMENTS 27. Department of Public Works Engineering Division: Planning Department Exhibit 4 —August 15,2022 Memo. 28. Department of Water Supply(DWS): Planning Department Exhibit 5 -June 16, 2022 Memo. 29. Department of Environmental Management: Planning Department Exhibit 6—May 17,2022 Memo. 30. Police Department: Planning Department Exhibit 7—May 24,2022 Memo. 31. Office of Housing and Community Development: Planning Department Exhibit 8— June 9,2022 Memo. 32. Department of Health: Planning Department Exhibit 9—May 23, 2022 Memo. 33. State Department of Land and Natural Resources —Division of Forestry and Wildlife: Planning Department Exhibit 10—June 3,2022 Memo. 34. State Department of Land and Natural Resources—Historic Preservation Division: Planning Department Exhibit 11 —June 7,2022 Letter. 35. U.S. Department of Interior Fish and Wildlife Service—Planning Department Exhibit 12—May 16,2022 Email. AGENCIES/ORGANIZATIONS -NO COMMENTS/NO CONCERNS 36. Office of Planning and Sustainable Development; Department of Land and Natural Resources—Land Division; Department of Land and Natural Resources—Engineering Division. APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 37. Planning Department Exhibit 13: Letter dated July 29, 2022 from Daryn Arai -6- responding to DEM, Police,Fire, and DOH comments. 38. Planning Department Exhibit 14: Letter dated August 18,2022 from Daryn Arai responding to DPW-Engineering comments. PUBLIC COMMENTS As of the date of this writing, the Planning Department has not received any objections from the general public or adjacent landowners on the subject application. -7- 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 "FA"followed by a number and the lower case letter "a" which indicates the required number of acres for each building site. For example, FA-la 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 PIann inn Deer' Exhiblt I 25-5-62 HAWAII COUNTY CODE Section 25-5-62. Permitted uses. (a) The following uses shall be permitted in FA districts: (1) Agricultural products processing, minor, provided that the area or buildings used for such processing, shall be located at least seventy-five feet from any street. (2) Agricultural tourism as permitted under section 25-4-15. (3) Animal hospitals. (4) Aquaculture. (5) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, arboretums, floriculture, and similar uses dealing with the growing of plants. (6) Campgrounds, parks, playgrounds, tennis courts,swimming pools, and other similar open area recreational facilities, where none of the recreational features are entirely enclosed in a building. (7) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (8) Crop production. (9) Dwelling, single-family, as permitted under chapter 205, Hawaii Revised Statutes and as permitted under section 25-5-67(b). (10) Farm dwellings, as permitted under section 25-5-67(b) and (c). (11) Game and fish propagation. (12) Group living facilities. (13) Kennels. (14) Livestock, grazing; provided that any feed or water area, salt lick, corral, run, barn, shed, stable, house, hutch, or other enclosure for the keeping of any permitted animals shall be located at least seventy-five feet from any lot line. (15) Public uses and structures, necessary for agricultural practices. (16) Retention, restoration,rehabilitation, or improvement of buildings or sites of historic or scenic interest. (17) Riding academies, and rental or boarding stables. (18) Roadside stands for the sale of agricultural products grown on the premises. (19) Utility substations, as permitted under section 25-4-11. (20) Vehicle and equipment storage areas that are directly accessory to aquaculture, crop production, game and fish propagation, and livestock grazing. (21) Veterinary establishments. (b) The following uses may be permitted in the FA 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. 25-88 ZONING § 25-5-62 (c) The following uses may be permitted in the FA district, provided that a special permit is obtained for such use if the building site is located within the State land use agricultural district: (1) Adult day care homes. (2) Bed and breakfast establishments, as permitted under section 25-4-7. (3) Community buildings, as permitted under section 25-4-11. (4) Family child care homes. (5) Home occupations, as permitted under section 25-4-13. (6) Meeting facilities. (7) Model homes, as permitted under section 25-4-8. (8) Public uses and structures, other than those necessary for agricultural practices, as provided under section 25-4-11. (9) Temporary real estate offices, as permitted under section 25-4-8. (10) Uses, other than those specifically listed in this section, which meet the standards for a special permit under chapter 205, Hawaii Revised Statutes. (d) The following uses may be permitted in the FA district, provided that either a use permit is issued for each use if the building site is outside of the State land use agricultural district or a special permit is issued for each use if the building site is within the State land use agricultural district: (1) Bed and breakfast establishments, as permitted under section 25-4-7. (2) Churches, temples and synagogues. (3) Crematoriums, funeral homes, funeral services, and mortuaries. (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. (e) Buildings and uses accessory to the uses permitted in this section shall also be permitted in the FA district. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-155, sec 12; am 2010, ord 10-17, sec 5; am 2012, ord 12-28, sec 8; ord 12-124, sec 7; am 2014, ord 14-86, sec 8; am 2021, ord 21-26, sec 9; am 2021, ord 21-52, sec 8.) Section 25-5-63. Height limits. The height limit in FA districts shall be thirty-five feet for any residential structure, including any single-family dwelling or farm dwelling, and forty-five feet for all other structures. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-64. Minimum building site area. The minimum building site area in the FA district shall be one acre. Other FA districts having larger areas may be designated in increments of one acre up to a recommended maximum of five acres. (1996, ord 96-160, sec 2; ratified April 6, 1999.) 25-89 UNOFFICIAL ADVANCE SHEET—Updated on August 3,2021. Contains sec(s)affected since publication of Supp. 10(7-2021). Official revision to be published in Supp. 11(1-2022). Daryn Arai Land Use Planning Consultant February 7, 2022 Mr. Zendo Kern, Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, HI 96720 Dear Director Kern: Subject: Change of Zone Application Applicant: Leonard Cardoza Trust Request A-20a to FA-la TMK: 3-9-001: 023 & 031(roadway), `O`6kala, Mano`waiale`e, North Hilo Accompanying this letter, we present for your consideration and processing before the Windward Planning Commission and Hawaii County Council a request by Leonard Cardoza for a change of zone for 15.411-acres of land to the Family Agricultural (FA-la) zoning district in support of a proposed 7-lot subdivision consisting of parcels at least one (1) acre in size. The subject properties are located within the coastal section of`O`6kala Village in North Hilo, adjacent to the east of the former `O`6kala Sugar Mill. Pursuant to your application requirements to be filed via the EPIC system, please find accompanying this letter the following: a. Original of the completed Change of Zone application form, questionnaire, and Background and County environmental report that includes a location map and site plan; b. Description of the subject property in map and written form by metes & bounds as prepared by a licensed surveyor; c. Real Property Tax clearance form; and d. List of the surrounding property owners within 1,000 feet of the subject property. Please include Mr. Sidney Fuke as an additional point of contact for this application. Should you have questions on this matter, please feel free to contact me. Thank you very much. Sincerely, Daryn Arai copy via email: Leonard Cardoza Trust Sidney Fuke, Planning Consultant, 100 Pauahi Street, Suite 212, Hilo 96720 P.O.BOX 4501,HILO HAWAII 96720 PHONE: (808)895-3218 EMAIL:DARYN.ARAI@OUTLOOK.COM Planning Dept. Exhibit 2 CHANGE OF ZONE APPLICATION Applicant: LEONARD CARDOZA TRUST Request : A-20a to FA- 1a Tax Map Keys: (3) 3-9-001:023 and 031 `0`okala and Mano`waiale`e, North Hilo District Hawaii Island Prepared by: Daryn Arai, Planning Consultant Sidney Fuke, Planning Consultant March 2022 CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Leonard Cardoza Trust APPLICANT'S SIGNATURE: DATE:December 20,2021 ADDRESS: 499 Kulana Kea Drive Hilo, HI 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: Trustee LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE,-(Bus.) (808) 961-3360 (Res.) (Fax) larincoffice@gmail.com LANDOWNER(S): Leonard Cardoza Trust/�jJ -�_ LANDOWNER SIGNATURE(S): A1111�j 6 DATE;Decernber 20, 2021 1Njg he h% letter) LANDOWNER(S)ADDRESS: 499 Kulana Kea Drive Hilo,HI 96720 REQUEST: Agricultural-20 acres (A-20a) To Family Agricultural-1 acres (FA-la) (F.NiKting nming) (Propowd!_mitl�t) TAX MAP KEY: (3)3 -9-001 : 023 and 031 (roadway) . STREET ADDRESS OF PROPERTY: SIZE OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED:(Par 23) 13.944 ac/(Par 31) 1.467ac AGENT: Daryn Arai 15.411 acres (total arca) 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 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? 15.411 b. Into what lot sizes? Min 1 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. N/A 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? 1930s sugar cane mill garage complex and related structures within are identified as proposed Lot#1 What do you intend to do with those buildings if your request is approved? Final disposition of existing buildings will be up to new landowner(s) 5. Is the subject land currently being used for any agricultural activity? NO 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? b. Suitability of the proposed lot-size for that commodity? N/A c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? N/A 2 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. N/A If you do not intend to subdivide the subject land for some sort of Agricultural purpose, please state your other reasons. Subdivide to provide opportunities for each lot owner to live on the property and to determine appropriate crops or animals to cultivate 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 In. Public Utilities x i. Other x For those checked "yes", phase elaborate what type or kinds of improvements and/or assistance are needed. Signature: Address: 499 Kulana Kea gest, Hila 96720 Telephone: 18081961-3360 Date: _ _December 20, 2021 4 Table of Contents A. DETAILS OF PROPOSED USE/ DEVELOPMENT..............................................................................1 1. Applicant's Request ..........................................................................................................................1 2. Location of Property.........................................................................................................................1 3. Landownership..................................................................................................................................3 4. Statement of Objectives and reasons for the request......................................................................3 5. Proposed Project Details...................................................................................................................3 6. Timeframe and cost..........................................................................................................................5 B. LAND USE AND OTHER REGULATORY CONSIDERATIONS..............................................................5 7. State Land Use Designation..............................................................................................................5 8. Current County Zoning......................................................................................................................5 9. General Plan Land Use Pattern Allocation Guide (LUPAG) Map.......................................................6 10. Hamakua Community Development Plan.........................................................................................8 11. Coastal Zone Management, HRS, Chapter 205A.............................................................................10 12. Special Management Area (SMA)...................................................................................................10 C. DESCRIPTION OF PROPERTY AND SURROUNDING AREA.............................................................10 13. Project Site......................................................................................................................................10 14. Surrounding Zoning/Land Uses.......................................................................................................11 15. ALISH: Prime Lands.........................................................................................................................11 16. Land Study Bureau's Detailed Land Classification System..............................................................12 17. US Soil Survey..................................................................................................................................12 18. FIRM................................................................................................................................................12 19. Flora/Fauna Resources....................................................................................................................12 20. Archaeological Resources...............................................................................................................12 21. Cultural or Native Gathering Rights................................................................................................13 22. Public Access...................................................................................................................................13 D. PUBLIC UTILITIES AND SERVICES................................................................................................13 23. Access..............................................................................................................................................13 24. Traffic..............................................................................................................................................14 25. Water..............................................................................................................................................14 26. Wastewater.....................................................................................................................................15 28. Essential Utilities and Services........................................................................................................15 29. Public Safety....................................................................................................................................15 E. REGULATORY ANALYSIS............................................................................................................15 30. Hawaii County General Plan..........................................................................................................15 31. Public Services and Utilities and Concurrency Analysis..................................................................16 32. Hamakua Community Development Plan.......................................................................................18 33. Coastal Zone Management.............................................................................................................22 34. CONCLUSION...................................................................................................................................23 COUNTY ENVIRONMENTAL REPORT IN SUPPORT OF CHANGE OF ZONE APPLICATION FOR LEONARD CARDOZA TRUST Affecting Tax Map Key: (3) 3-9-001:023 &031 (road); `O`okala, Mano`waiale`e, North Hilo A. DETAILS OF PROPOSED USE/ DEVELOPMENT 1. Applicant's Request The Leonard Cardoza Trust ("Applicant"), is requesting a change of zone for a 13.944- acre parcel (Parcel 23) and adjoining 1.467-acre road lot (Parcel 31) from an Agricultural-20 acres (A-20a) to a Family Agricultural-1 acre (FA-1a) zoning district in support a proposed 7-lot subdivision with lot sizes ranging from 1 to just over 4 acres. 2. Location of Property The subject properties are within the coastal section of `O`okala Village in the North Hilo District, which is located approximately 29 miles north of the City of Hilo along State Highway 19 (Hwy 19). From Hwy 19, the Old Mamalahoa Highway and a private road provides access through `O`okala Village to the subject property that resides adjacent to the east of the former `O`okala Sugar Mill, as shown below on Figure 1- Vicinity Map and Figure 2-Section of Tax Map below. s Former D'oholo Mill V Me reiio,h V PROJ ECT SITE LNiNd /i He..aN Belt 116 50 W AYp1/IEA a r oy'<o Go-gle Figure 1 - Location Map 1 � " tii el y�-yy CIO IN ^ N Q I I � //� -• 'E �u V IIS o ........... h \ ` _ �__ - -P'a ;• �y�✓ism _ _ ,'`'�; '_ •\.• 2 � a 03 1 _ b b 1♦ � ��� Ub Uta�,JJN JBMf�'�[JyiN� n '01 -� 1d> I ...............-- �r SII 7 .- - rt Figure 2—Section of Tax Map 2Page 3. Landownership Both the 13.944-acre property(Parcel 23) and adjoining 1.467-acre road lot (Parcel 31), hereinafter collectively referred to as "Project Site", are owned by the Applicant. The road lot was historically referenced as "Moonlight Road", and much of it directly fronting the subject property still exists on the ground as it accommodated the previous alignment of the railroad that once served the sugar plantations along the North Hilo and Hamakua coasts. 4. Statement of Objectives and reasons for the request The requested change to a FA-1a zoning district will support the subdivision of the project site into 7 lots ranging in size from 1 to just over 4 acres, as conceptually shown on Figure 3— Preliminary Subdivision Plat as shown below. The requested zoning will accommodate the configuration of lots in an area constrained by the use of existing cane haul roads within the property as primary access to the subdivided lots. Historically, the property was used as a service yard in support of the `O`okala Sugar Mill operations and later as pasture. Currently, the land remains fallow. As the property has been significantly improved with infrastructure associated with the service yard, the optimal use of the property is to subdivide the property into smaller lots that are aligned with the roadway network that crisscrosses through the property, allowing for optimal use of each segment of the property bordered by the existing internal roadway system. The Applicant is no longer to manage the entire property, and historical use and topography of the property is not optimal for larger commercial agricultural activities. 5. Proposed Project Details (see Figure 3— Preliminary Subdivision Plat) a. 7-lot subdivision with lot ranging in size from 1 acre to just over 4 acres. b. Primary access from Old Mamalahoa Highway via a series of existing minimum 50- foot wide former sugar cane haul roads that crisscross the subject property and portion of a 40-foot wide access and utility easement located on an adjoining property located along west side of subject properties. A portion of this 40-foot wide easement will be supplemented with a 10-foot wide access and utility easement within the subject properties in order to provide a combined 50-foot wide access and utility corridor that will be constructed to County agricultural standards. The former cane haul roads are constructed to standards far exceeding the County's agricultural roadway standards in order to support the weight of the cane haul trucks and other large and heavy plantation equipment, so it makes sense to adjust the configuration of the proposed lots to best take advantage of these cane haul road alignments. c. The existing structures associated with the former mill service yard operations will be retained within proposed Lot#1, to hopefully be repurposed into other uses by a 3Page new landowner, whether it be agriculturally-related or through the application for a Special Permit. V1.11Y EA5eM'!;NT#2,4O' N Ltl1l.iTY�ASEM�NT#I 40% ` utll� A r� Power Poll — 1 LMITY �A51 M� T#3,50' Idly Parer 1,96 ACS Poll TMK 3-3-9-001!31 1,461 ACM5 r •��'� � Lltllit,l r III Roadway�a ert fl;xi5bv MITI �� Power s Roads)50'Width or Greater `�` pales 2.56 AX5 ��# 2,87 AC��5\ ♦ ♦• Loi#7 � l ��# ♦ I A ACW5 xb"I r I,47 AGp� ♦ •♦ ,-09� �x sltlrtq 5l ano acessm Dutldrq I.I lht4 Power ♦♦ �. of# 2 Poles j �`♦ ♦ 4,12 AX5 MAM&AHOA HIGHWAY WK 3 9-04 23 13,944 ACAS O'OKALA CARDOZA ZONE CHANGE APPLICATION DATE: '3'90 tvc eo. Rev. 1v212421 3801-25A A SHEET TTTLE: : SCALE: AREA LOCATION MAP D01'SCHMITZ 1:240 Figure 3— Preliminary Subdivision Plat 4Page d. Real Property Tax Division records make reference to two easements relating to the Project Site, • Doc No. 9700019862 (Exhibit A) grants a utility easement in favor of Hawaii Electric Light Company, Inc. and GET Hawaiian Telephone Company Incorporated, affecting Parcel 31 (formerly Moonlight Road), for the purpose of constructing, reconstructing, repair, maintenance and operation of poles, wirelines and/or underground lines associated with transmission and distribution of electricity, along with other privileges. This Easement will be maintained as part of the proposed subdivision. • Doc No. 9800076194 (Exhibit B) grants Access and Utility Easement 1 in favor of the Applicant over and across the adjoining lands to the west identified as TMK: 3-9-001:004 as shown on Figure 2—Section of Tax Map and in greater detail in Figure 3— Preliminary Subdivision Plat. Easement 1 currently provides an existing 40-foot wide paved physical access along the entire western boundary of the Project Site. This Easement will not be affected by the proposed subdivision action, except for partial widening of the pavement in order to accommodate the proposed internal subdivision roadways. 6. Timeframe and cost Should the requested FA-1a zoning be approved, the Applicant will be prepared to submit a subdivision application to the Planning Department within a period of one year. Upon the issuance of tentative subdivision approval, the Applicant anticipates that the design and construction of required subdivision-related improvements will take about 3 years. Anticipated site development and infrastructure systems will be somewhere around $160,000. B. LAND USE AND OTHER REGULATORY CONSIDERATIONS 7. State Land Use Designation: Agricultural. The project site is situated within the State Land Use Agricultural District, which includes lands for the cultivation of crops, aquaculture, raising livestock, wind energy facility, timber cultivation, agriculture-support activities (i.e., mills, employee quarters, etc.) and land with significant potential for agriculture uses. Uses permitted in the highest productivity agricultural categories are governed by statute. Uses in the lower- productivity categories—C, D, E or U —were established by the Land Use Commission to include those uses allowed on A or B lands as well as those stated under Section 205- 4.5, Hawaii Revised Statutes. 8. Current County Zoning: Agricultural-20 acres minimum lot size (A-20a) 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. In the case of the A-20a zoning district, it defines a minimum lot size of 20 acres, thereby classifying the subject properties as "non- 5 Page conforming" due to its combined size of only 15.411 acres (see Figure 4 - 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. PROJECT SITE MG-La GY O 0 PS-10 10 f19-10 (toad) Figure 4—Current Area Zoning 9. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Low Density Urban 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, as shown on Figure 5 - LUPAG Map, classifies the subject properties for Industrial (gray) and Low Density Urban (yellow) uses as an expansion of `O`okala Village the former `O`okala Mill site. The LUPAG map was not designed to be specifically measurable and instead be a broad- brush description of desired land use patterns. However, with the advent of technology such as Geographic Information System (GIS), the LUPAG map has been digitized into measurable patterns. 6Page Under the digitized format, the subject property has two (2) designations on the LUPAG map. The northwestern corner is designated Industrial, while the remainder is designated Low Density Urban. The Industrial designation allows uses such as manufacturing and processing, wholesaling, large storage and transportation facilities, light industrial and industrial-commercial uses. The Low Density Urban designation allows uses that are single-family residential in character, ancillary community and public uses and convenience type of commercial uses. i PROJECT SITE 3' C� Idu Figure 5 —General Plan LUPAG Map The Industrial area within the northwestern corner of the subject property probably exists to accommodate one of the main access roads that leads to the former sugar mill from the former railroad alignment that is now referred to as Moonlight Road. This is no better highlighted by looking at Figure 7—Aerial Site Map further below. As both the railroad and the sugar mill are no longer in operation, it would be a reasonable application of the broad-natured policy approach of the LUPAG map to identify the entire subject property as Low Density Urban for the following reasons: • The LUPAG map is intended to serve as a land useug ide and not intended to be specifically measurable. As noted in the introductory section of the General Plan (Ordinance No. 05 25), the County GP "is theop licy document for the long range comprehensive development of the island of Hawai'i."(Underscore added). There are thirteen (13) elements ranging from Economy to Land Use where 7Page policies, standards, and courses of action are outlined. These are then broken down by the various political districts of the County. • Relative to the Land Use element, in addition to the policies, standards, and courses of action, there is also reference to a LUPAG map. The GP notes that this map "indicates theeg neral location of various land use in relation to each other." It goes on to note that "The land use pattern is a broad, flexible design intended toug ide the direction and quality of future developments in a coordinated and rational manner."(underscores added) • Furthermore, in the Standards portion of the Land Use element, there is a description of how this LUPAG map is to be used as well as how zoning requests should be evaluated. Specifically, pertinent portions of the Standards state: o "The designated land uses will be delineated on the General Plan Land Use Pattern Allocation Guide Map. The broad-brush boundaries indicated are graphic expressions of the General Plan policies, particularly those relating to land uses. They are long-rangeug ides to general location... ." (underscore added). o "The establishment of urban-type zoning may include additional acreages to account for acreages utilized for public benefit, such as historic sites, public access and parks." Based on the above, the LUPAG map was never designed to be specifically measurable. It is intended to depict "broad-brush boundaries" and represents long-rangeu� ides to general location. True to its description—the Land Use Pattern Allocation Guide map is intended to serve as a "guide" and not be applied in the same way as a zoning map, where its deviation would necessitate an amendment. The point here is that the GP is a policy document and the LUPAG map is a corollary guide that helps with the evaluation of a land use request relative to these policies. In the end, a case must be made to demonstrate how a request addresses the policies of the GP and not necessarily the LUPAG map. Therefore, given the history of the area that probably guided the "broad-brushed" LUPAG map designations and the policy-based nature of the General Plan and the existing zoning pattern, it would more reasonable to define the entirety of the subject property as being exclusively situated within the Low Density Urban area and a logical extension of existing residential communities within `O`okala. The requested FA-1a zoning will be consistent with the LUPAG Low Density Urban designation for this area. 10. Hamakua Community Development Plan Adopted in 2018, the Hamakua Community Development Plan (HCDP) was developed with a 20-year time horizon with a planning area that included the subject property and the judicial districts of Hamakua and North Hilo, and a portion of the South Hilo district 8Page commonly referred to as Rural South Hilo. The HCDP Revised Land Use Guide Map designates the subject properties for Low Density Urban uses, consistent with the same General Plan designation, as shown in Figure 6-H5m5kua CDP Land Use Guide Map below. Closer inspection of this Land Use Guide Map reflects the exiting road lot (Parcel 31) labeled as "Important Ag. Lands", but it would be more reasonable to identify the entire project site as Low Density Urban simply because a road lot has no inherent agricultural value. The requested FA-1a zoning would be consistent with the Hamakua Community Development Plan's Revised Land Use Guide Map for `O`okala. Relative to the CDP, Section 15.1 of the County General Plan called for the development and eventual County Council adoption of Community Development Plans. The General Plan states that the CDP "will translate the broad General Plan statements to specific actions as they apply to specific geographical areas." The General Plan also notes that should the CDP require a General Plan amendment, it could be considered concurrent with the adoption of the CDP. However, "If there is a direct conflict between the Community Development Plan and the General Plan, the General Plan shall be controlling." As the HCDP and the General Plan are in alignment, Based on the discussions above regarding both the LUPAG and HCDP, we would be inclined to argue that both land use policy documents are in alignment as it pertains to designating the subject property for Low Density Urban uses and supportive of the requested FA-1a zoning. Hamakua CDP Revised Land Use Guide Map for'b'okala LUPAG Designations _twrvrw PROJECT SITE w A N uses 0 250 500 +.000 5.500 2.000 •`4 1, 4 i Figure 6— Hamakua CDP Land Use Guide Map 9Page 11. Coastal Zone Management, HRS, 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 ecosystems, marine resources, economic uses, coastal hazards, managing development, public participation, and beach protection. 12. Special Management Area (SMA) The Special Management Area 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 located approximately 775 feet from the nearest coastline and is not situated within the SMA. C. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 13. Project Site The 15.411-acre project site is comprised of two separate lots, a 13.944-acre parcel (Parcel 23) and adjoining 1.467-acre road lot (Parcel 31). (see Figure 7 -Aerial Site Map) As explained further below, the project site was cultivated in sugarcane beginning in the 1860s. Over the years, the property was utilized for various agricultural purposes until recently when it was left to fallow. Within the project site, exclusively concentrated near the northeastern corner of the project site within an area extensively paved with asphalt are the following structures associated with the service and maintenance shop that once supported cane haul trucks servicing the Ookala Mill. a. 1930-built Garage structure, 6,000 square feet b. 1998-built metal utility shed, 744 square feet C. 2003-built metal utility shed, 920 square feet d. 2003-built lean-to structure, 400 square feet The remainder of the property currently lies fallow with a heavy carpet of Hilo grass and kikuyu after accommodating cattle and sugar cane operations over many decades. The eastern boundary of the project site runs along the Alaialoa Gulch. The overall project 10Page site slopes gently towards the ocean, at roughly a 10 percent slope, with the exception of the eastern boundary of the project site that lies within the Alaialoa Gulch. ,r 0 r � - Y-rz A AL JiAW - �leq, Figure 7—Aerial Site Map 14. Surrounding Zoning/Land Uses The subject properties reside within the town of `O`okala, a plantation community established around the Ookala Sugar Company that formed around the 1860s, before its eventual merger with the larger Kawiki Sugar Company in 1909. The project site is located immediately makai of the residential areas of Milo Village and directly northwest of Kukui Camp Subdivision, both of which are zoned as single family residential (RS-10). Immediately adjacent to the west is the former `O`okala Mill site, comprising in excess of 40 acres of general industrial (MG-1a) zoned lands. Remaining lands adjacent to the north (makai) and east are zoned for agricultural (A-20a) uses. 15.ALISH: Prime Lands The subject property is classified as Prime Lands according to the Agricultural Lands of Importance to the State of Hawaii, due to its past cultivation in sugar as part of the Ookala Sugar Company and Kawiki Sugar Company. 11Page 16. Land Study Bureau's Detailed Land Classification System: "B" or "Very Good" The majority of soils within the subject property are classified as "B" or"Very Good" for agricultural productivity, again, due to its past association with sugar cultivation. A portion of the project site located adjacent to the Old Mamalahoa Highway is designated for urban types of uses and development. The extreme eastern portion of the property runs along and within the Alaialoa Gulch, and carries an "E" or"Very Poor" classification for agricultural productivity. 17. US Soil Survey: Ookala medial silty clay loam, 0-35 percent slopes (OoC, OcD, OoE) These soils consist of well-drained, silty clay loams that formed in volcanic ash. This type of soil is used for sugarcane. In a representative profile, the surface layer is dark reddish-brown silty clay loam about 12 inches thick. The subsoil is dark-brown, partly weathered A`a lava fragments. This soil dehydrates irreversibly in to fine sand-sized aggregates. The permeability of this soil type is moderately rapid, runoff is slow to rapid depending on slope, and the erosion hazard is slight to severe also dependent on slope. 18. FIRM: Zone X The entire project site is designed within Zone "X" - determined to be outside the 500- year flood plain. The Alaialoa Gulch runs along the project site's eastern boundary and will not be altered as part of the proposed subdivision development. 19. Flora/Fauna Resources No professional flora or faunal surveys were conducted of the site due to its extensively altered condition due to its former use as sugarcane land and a service yard in support of sugar mill operations. As previously mentioned, the unimproved areas of the property currently lie fallow and covered with a mixture of Hilo and kikuyu grasses. Introduced bird species, such as dove,Japanese white-eye, House finch, and Myna are common and expected within the area. Domestic animals such as dogs and cats are common, as well as invasives such as rats and mongoose can be expected. The project site is generally void of large trees, except within the Alaialoa Gulch. Therefore, endemic species like the Hawaiian Petrel and Newells's shearwater is not expected, although the Hawaiian hawk(i`o) and owl (pueo) may forage in this area. The area within Alaiaola Gulch will not be disturbed as part of the proposed subdivision improvements. 20.Archaeological Resources No professional archaeological survey was conducted on the project site due to its past cultivation in sugarcane and its continuing use for agricultural purposes. For these reasons, no archaeological features are known or expected to exist on the subject property. The State Historic Preservation Division will be notified and all work shall 121 Page immediately cease should inadvertent discovery of any archaeological feature be encountered during development of the proposed subdivision. Note that portions of the former sugar mill garage facility located within the eastern portion of the Project Site may be considered a historic structure due to is age in excess of 50 years. Final disposition of this building will be determined by whoever the new owner of this proposed lot will be, but proper covenants will be included in sale documents that will disclose the need to consult with the State Historic Preservation Division prior to any alteration to the structure. 21. Cultural or Native Gathering Rights According to the Applicant, there are no known customary or Native Hawaiian cultural rights exercised within the subject property. The Hawaii State Supreme Court's "PASH" and "Ka Pa` akai 0 Ka` Aina" decisions require decision-makers to consider a project's impact to native Hawaiian gathering and fishing rights. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated traditional and customary practices of this site and the impact of this project to these resources and practices. In this situation, the subject site is not adjacent to the shoreline. As such, normal fishing and coastal access should not be an issue. Furthermore, as noted earlier, the requested area has been entirely cleared of its native vegetation in the past due to sugarcane cultivation and as a service yard for mill operations. The area within the Alaialoa Gulch will not be altered as part of the proposed subdivision improvements. Therefore, it would appear very unlikely that the project site serves as a place for worship or plant/food gathering for native Hawaiians today and/or in the recent past. Given the above, it can be reasonably concluded that the proposed project should have no significantly adverse impact affecting native Hawaiian cultural and historical resources and/or practices which cannot be reasonably mitigated. 22. Public Access There is no record of a designated public access to the shoreline or mountain areas that traverses through the project site. Individuals may navigate their way within Alaialoa Gulch to make their way down to the coastline, but due to the steep existing topography within the gulch, the Applicant will not disturb the gulch as part of this proposed subdivision action. D. PUBLIC UTILITIES AND SERVICES 23.Access The proposed 7-lot subdivision will be serviced by existing and proposed roadways, both County-owned and maintained as well as private agricultural-standard roadways. The Old Mamalahoa Highway, a County-owned and maintained road having a pavement width of 20 feet within a 50-foot wide right-of-way, will provide access to one parcel 13 1 Page which shares its frontage. The remaining six(6) parcels will be accessed via 50-foot wide private agricultural-standard roadways previously used as cane haul roads or to be constructed by the Applicant as depicted in Figure 3— Preliminary Subdivision Plat. These former cane haul roads have pavement widths of at least 20 feet, with portions covered by overgrown vegetation, which will be removed to ensure that a minimum agricultural-standard pavement width and shoulders are provided. Only a relatively small segment along the western side of the Project Site within the existing 40-foot wide easement and adjoining 10-foot road widening will be improved to a full 20-foot wide agricultural pavement. 24.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, a TIAR was not performed as the project does not invoke the County's concurrency requirements. According to the Institute of Transportation Engineers Common Trip Generation Rates, a proposed Not subdivision is expected to generate about 7 peak hour vehicle trips, well below the 50 peak hour trip benchmark. 25. Water County water can be made available to the subject property via an existing 6-inch waterline located within the Old Mamalahoa Highway right-of-way. Discussions with the Department of Water Supply confirms that a maximum of 7 units of water can be allocated to the project site in support of the proposed Not subdivision. If required by the Department of Water Supply, a fire hydrant will be installed provided that the existing 6-inch waterline can manage the required fire flow. The Applicant will coordinate with the DWS during the subdivision process to ensure that water and fire flow requirements are met. The Applicant's original intention was to seek a change of zone to FA-2a in order to subdivide the 15.411-acre project site into seven (7) lots, in alignment with the number of available water meters. However, during an on-site assessment, it became apparent that the existing cane haul roads criss-crossing the Project Site are of sufficient width and structure to serve as the primary access roadways serving the proposed 7 lots. The proposed subdivision layout was then reconfigured to take advantage of these existing cane haul roads, which then resulted in a number of proposed reconfigured lots falling below 2 acres in size and necessitating a change in the requested zoning to FA-1a. In order to conform to the County's concurrency requirements, the Applicant is willing to agree to a condition that would prohibit the issuance of any water variance for any subdivision action resulting from the requested FA-1a zoning, thereby limiting the total number of lots to the number of water units available to serve the Project Site at any given time in accordance with Section 25-2-46(m) of the Zoning Code regarding Concurrency Requirements. 14Page 26. Wastewater There is no municipal sewer system in the `O`okala area. An Individual septic system is proposed for each lot as part of the construction of individual dwellings or agricultural- related structures. 27. Solid Waste Solid waste will be handled through commercial haulers or disposal by the landowner into authorized landfill sites or transfer stations. The nearest transfer stations are located in Honoka`a, about 12 miles north or in Honomu, about 16 miles to the south of the project site. 28. Essential Utilities and Services Other utilities, such as electrical and telephone services, are available to the subject property to support the proposed subdivision. The closest medical facility is in Honoka`a, about 12 miles north of the project site. 29. Public Safety Police and fire responders are located in nearby Laupahoehoe, about 5 miles to the south. A Civil Defense siren (HA 304) is situated approximately 430 feet to the west of the project site along the Old Mamalahoa Highway. While 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), Hawai'i County Code], the project site is within the coverage area of an existing siren While a Civil Defense siren is an effective means of providing warning of pending harm, the County of Hawai'i does allow residents and visitors to sign up with their Emergency Notification System (ENS) that provides voice, email and text alert notifications about emergency situations within the County. E. REGULATORY ANALYSIS 30. 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. 15 1 Page 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. 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 Low Density Urban uses which typically consist of residential units with a unit density of up to six (6) units per acre of land, with ancillary community and public uses, and neighborhood and convenience-type commercial uses. The requested FA-1a zoning will present a small rural-type subdivision at a much lower overall density than that recommended by the General Plan. The Applicant feels that proposed subdivision will fit in well with the established Milo Village, Kukui Camp, and Niu Village subdivisions that comprise the historic town of 'O'okala, while transitioning in density and use between these villages and agricultural lands situated immediately makai of the project site. 31. Public Services and Utilities and Concurrency Analysis Access to the proposed Not subdivision will be serviced by existing and proposed roadways, both County-owned and maintained as well as private agricultural- standard roadways. The Old Mamalahoa Highway, a County-owned and maintained road having a pavement width of 20 feet within a 50-foot wide right-of-way, will provide access to one parcel which shares its frontage. The remaining six (6) parcels will be accessed via existing and proposed 50-foot wide private agricultural-standard roadways, with minimum pavement widths of 20 feet wide. As previously mentioned, existing cane haul roads that criss-cross the project site were constructed to support the sheer weight and width of cane haul trucks and other large plantation equipment, thereby far exceeding the minimum Agricultural roadway standards set forth by the County. Only a relatively small segment along the western side of the Project Site within the existing 40-foot wide easement and adjoining 10-foot road widening will be improved to a full 20-foot wide agricultural pavement. 16Page According to the Institute of Transportation Engineers Common Trip Generation Rates, the proposed Not subdivision will generate around 7 vehicle trips during the AM or PM peak hour, and therefore should not have a significant adverse impact to traffic along the Old Mamalahoa Highway or its intersection with State Highway 19. County water can be made available to support the proposed subdivision via a 6-inch water line located within the Old Mamalahoa Highway, capable of supporting a total of 7-units of water at 400 gallons per day for each unit, more than adequate to support any residential or limited agricultural opportunities that will be available on these minimum 1-acre sized lots. The Applicant will agree to a condition that would prohibit the issuance of any variance from the minimum water standards of the Subdivision Code, thereby ensuring that County water availability is directly tied to any further subdivision of land within the Project Site. Wastewater disposal will be accommodated on-site via individual septic systems that will conform to State Department of Health standards. The town of `O`okala is not serviced by a municipal wastewater treatment system. An emergency warning (civil defense) siren is located approximately 430 feet to the west of the project site along the Old Mamalahoa Highway, well within its effective coverage envelope, in satisfaction of Section 25-2-46(0) of the Zoning Code regarding Concurrency Requirements. As the property is gently sloping towards the ocean and previously cultivated in sugar cane, there are no severe geological or topographical problems within the project site that cannot be properly rectified or which would render the land unusable for its intended purpose as a rural subdivision. The eastern portion of the project site is bordered by Alaialoa Gulch, which will not be improved as part of the proposed subdivision, and will remain as a natural feature within those proposed lots it borders. 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 project site is also located outside of any coastal flooding zone or tsunami evacuation area. Therefore, for the reasons stated above, approval of this change of zone request 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. 17Page • 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. • Zone urban-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Encourage urban development within existing zoned areas already served by basic infrastructure, or close to such areas, instead of scattered development. More specifically, approval of this request will also conform to the following relevant goals and policy regarding the Housing component of the Land Use Element: Goals • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply that allows a variety of choices. Policies • Vacant lands in urban areas and urban expansion areas should be made available for residential uses before additional agricultural lands are converted into residential uses. • Aid and encourage the development of a wide variety of housing to achieve a diversity of socio-economic housing mix 32. Hamakua Community Development Plan Relative to the Hamakua Community Development Plan ("HCDP"), Section 15.1 of the County General Plan called for the development and eventual County Council adoption of Community Development Plans. The General Plan states that the CDP "will translate the broad General Plan statements to specific actions as they apply to specific geographical areas." The General Plan also notes that should the CDP require a General Plan amendment, it could be considered concurrent with the adoption of the CDP. However, "If there is a direct conflict between the Community Development Plan and the General Plan, the General Plan shall be controlling." Adopted in 2018, the Hamakua Community Development Plan was developed with a 20-year time horizon with a planning area that included the project site and the judicial districts of Hamakua and North Hilo, and a portion of the South Hilo district commonly referred to as Rural South Hilo. The Revised Land Use Guide Map designates the project site for Low Density Urban uses, consistent with the General Plan LUPAG map designation. Closer inspection of this HCDP Land Use Guide Map reflects the exiting road lot (Parcel 31) labeled as "Important Ag. Lands", but it would be more reasonable to identify the entire project site as Low Density Urban simply because a road lot has no inherent agricultural value. The requested FA-1a zoning would be consistent with the Hamakua Community Development Plan's Revised Land Use Guide Map for `O`okala. 18Page It should be noted that the HCDP does also express the following relevant general policies and objectives for land use and settlement patterns within the entire 1,011-square mile planning area: • to reduce rural sprawl and infrastructure costs, it focuses future residential development in existing villages and towns and seeks to preserve large productive agricultural lands for agriculture by accommodating rural-residential development close to these urban centers; • Protect and restore viable agricultural lands and resources. Protect and enhance viewscapes and open spaces that exemplify Hamakua' s rural character. The Applicant's request for FA-1a zoning in support of a proposed Not rural subdivision is aligned with low density, single-family residential uses as envisioned by both the General Plan and the HCDP. While previously cultivated in sugar, the project site was also utilized as a service area in support of the former `O`okala Sugar Mill operations. Given its close proximity to, basically"across the street" from the former plantation communities of Milo, Kukui Camp and Niu Villages, the project site is not recognized as a valuable agricultural resource, nor is it recognized as a valuable visual resource by either the General Plan or HCDP. The HCDP also identified 13 Community Objectives that were broken down and/or assigned into three (3) major areas: 1) `Aina (natural resources, and ag as related to conservation of natural resources, public access); 2) Community (culture, town planning, infrastructure, public facilities, services, transportation); and 3) Economy (employment, industry, business development, small town revitalization, agriculture, tourism). • Relative to `Aina, there were three (3) specific objectives. o Objective 1: Protect, restore and enhance watershed ecosystems, sweeping views, and open spaces from mauka forests to makai shorelines..." The site is not part of any watershed area, nor does it have any mauka/makai access. As such, the project does not affect this objective. o Objective 2: Protect and restore viable agricultural lands and resources. Protect and enhance viewscapes and open spaces that exemplify Hamakua's rural character. The subject property was once a sugar mill service yard with extensive industrial-type facilities necessary to maintain the larger sugar cane trucks and related equipment. The land was previously sculpted to accommodate this use and improved with a network of roads. This 19 Page particular area has not be identified as a site of natural beauty nor would the proposed Not family agricultural subdivision detract from any visual resources in the area, especially given its distance of more than 775 feet from the shoreline. o Objective 3: Encourage community-based collaborative management plans... ." This objective is not applicable to the request, as this is a policy directed at governmental bodies. • Relative to the four(4) specific objectives of the Community,section: o Objective 4: Protect and nurture Hamakua's social and cultural diversity and heritage assets, including sacred places, historic sites and buildings, and distinctive plantation towns. The proposed Not family agricultural subdivision will blend in with the surrounding former plantation community of `0`5kala, with homes in the nearby Milo, Kukui Camp and Niu Villages having much smaller lot sizes. The blend of agricultural and residential opportunities to be afforded by rezoning of this property to FA-1a will not detract from the rural character of `O`okala. o Obiective 5: Direct future settlement patterns that are sustainable and connected. Honor Hamakua's historic and cultural assets by concentrating new development in existing, walkable, mixed use town centers while limiting rural sprawl. While the site is not within existing "town", it is proximate to a number of existing plantation camps as mentioned above and is, by its location, an extension of these camps as supported by both the General Plan and HCDP and a repurposing of lands that was once a service facility for the former sugar mill operations. o Obiective 6: "Develop and improve critical community infrastructure, including utilities, healthcare, emergency services, affordable housing, educational opportunities and recreational facilities to keep our 'ohana safe, strong, and health." While the project will utilize existing and not expand utility infrastructure (such as water and access), it will not compromise the existing community infrastructure. The project will provide opportunities for a rural lifestyle that will, in turn, help to preserve the rural fabric of this community. 20Page o Objective 7: establish a rural transportation network... . " This objective provides directions for governmental actions. As such, it is not really applicable. • The third and last category, Economy, identifies the remaining six (6) objectives. o Objective 8: "Promote, preserve and enhance a diverse, sustainable, local economy." o Objective 9: "Encourage the increase and diversity of employment and living options for residents, including living wage jobs and entrepreneurial opportunities that allow residents to work and shop close to home and that complement Hamakua's ecology, rural character, and cultural heritage." The focus of these objectives (plus Objective 6) is having housing, including affordable, proximate to areas of service and employment. This project achieves those objectives. The site is located in a long- established community that is proximate to areas of employment, yet in a rural setting. o Objective 10: Revitalize retail, service, dining, and entertainment centers that complement the community's rural character and culture. This objective is not applicable. o Objective 11: Enhance and promote local and sustainable agriculture, farming, ranching, renewable energy, and related economic support systems. With its emphasis on family-agriculture, the project will fulfill this objective. o .0 biective 12: Preserve traditional subsistence practices and encourages a reciprocity(e.g., bartering) economy as a sustainable complement to Hamakua's resource-based economy. The proposed subdivision seeks to create a rural lifestyle and smaller- scale agricultural opportunities, rather than commercial-scale agricultural operations. Smaller farms mean greater opportunities in promoting a reciprocity economy. 21Page o Objective 13: Promote appropriate rural tourism that welcomes guests for an alternative visitor experience... . " Not applicable to this project as it is focused on promoting a agricultural and residential lifestyle, rather than simply a visitor experience. In light the above, it is maintained that the Applicant's request is consistent with an implement the objectives of the HCDP. 33. Coastal Zone Management This change of zone request, if approved, will not be contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The subject property is not situated within the Special Management Area, being located at least 775 feet from the nearest shoreline and not subject to any coastal hazard nor anticipate to have any adverse impact upon coastal resources such as coastal recreational and marine resources, coastal ecosystems or the public use and recreational use of any beach. The eastern boundary of the project site is bordered by Alaialoa Gulch, which will be preserved in its current and natural state. This should ensure that development of the proposed 7-lot subdivision will not adversely affect Alaialoa Gulch and in turn, the coastal waters fronting `O`okala. There is no record of a designated public access that traverses the property. As the site has been previously cleared and utilized for agricultural purposes and sugar cane-related operations for many decades, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Over the years, the Applicant has attempted to find opportunities to use the land that has been extensively improved to support a once flourishing sugar cane operation. The service facility still stands, and the extensive paved cane haul road system still crisscrosses the property. These conditions are not optimal for extensive or plantation- scale agricultural uses. Through this rezoning, the Applicant hopes to create a total of 7 lots configured to optimize the existing infrastructural already in place, while provide economic opportunities for a number of individuals to pursue smaller scale agricultural activities while living in a rural setting that typifies the character of `O`okala. This request is supportive of the County's efforts towards managing development through both the General Plan and the HCDP. Finally, in terms of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the public hearing process required pursuant to the Planning Commission's Rules and County Council's meetings on this application. Notices of this application will become available through the posting of a sign on the property, 22Page as well as sending two (2) notices to surrounding property owners, one at the time the application is filed and again, prior to the public hearing. In view of the Hawai'i 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 project site has been physically altered over many decades due to sugar cane cultivation and related service operations, it is unlikely that there are any valued cultural, historical, and natural resources to be found within the project site. As previously mentioned, the portion of Alaialoa Gulch that traverses along the eastern boundary of the project site will be left in its current and natural state. For this reason, the Applicant could find no evidence of any possible significant adverse effects or impairments that will occur to any valued resources should this change of zone request 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 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. 34. CONCLUSION Based on the discussion above, the Applicant find that approval of this Change of Zone request from Agricultural-minimum 20-acre lot size (A-20a) to a Family Agricultural-1 acre (FA-1a) zoning district will conform to the goals, policies and standards of the General Plan; adheres to the general policies and objectives of the Hamakua Community Development Plan; 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. 23 1 Page DocuSign Envelope ID:6F264ED7-A7AE-4620-9340-05E3701AFC29 J�,Yr w k� Mitchell D.Roth 'r,� Zendo Kern Mayor Vic• Director Lee E.Lord Jeffrey W.Darrow Managing Director Depuh-Director OF'N West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwyu • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 CH County of awai 1 Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 April 29, 2022 Mr. Daryn Arai P.O. Box 4501 Hilo, HI 96720 Email: daryn.arai e,outlook.com Dear Mr. Arai: SUBJECT: Request: General Plan LUPAG Map Determination Tax May Key: (3) 3-9-001:023 & 031 This is to acknowledge receipt of your letter dated April 8, 2022 requesting a confirmation of the General Plan Land Use Pattern Allocation Guide (LUPAG) map designation for the above referenced property as the owners are considering a possible change of zone action. The General Plan states the following regarding the review and interpretation of the General Plan LUPAG map in relation to change of zoning requests: 14.1.4 Standards (a) The designated land uses will be delineated on the General Plan Land Use Pattern Allocation Guide Map. The broad-brush boundaries indicated are graphic expressions of the General Plan policies, particularly those relating to land uses. They are long-range guides to general location and will be subject to: a) existing zoning; and b) State Land Use District. (b) 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. In reviewing the request for an interpretation of the General Plan LUPAG map designation for the property in relation to the above information, we can determine the following: Planning Dep . Exhibit 3 www.planninQ.hawaiicounty.eov Hawai`iCounh,isanEqual Opporninih;ProviderandEmployer planninQ(i�,lhawaiicounty.gov Docu5ign Envelope [D.6F284ED7-A7AE-482©-9340-05E3761AFC 28 Mr. Daryn Arai April 29, 2022 Page 2 1. The property is located in an area that transitions between the Low Density Urban (LDU) and Industrial (IND) designations. Since the application of the LUPAG map designations are broad brush, the property can be interpreted to be within the Low Density Urban designation. 2. The property is located in an area that has the appropriate infrastructure that could typically support a change of zone to Family Agricultural (PA) including utilities and access. Based on the above review, we can confirm that the General Plan LUPAG map designation for the property is Low Density Urban. This determination is made not by simply looking at where the LUPAG Map lines roughly fall on the ground, but by carefully assessing how lots in the area were established and the practical application of uses existing and foreseen in the area as supported by existing infrastructure. This determination largely aligns the LUPAG Map boundaries with the boundaries of the Hamakua CDP Revised Land Use Guide Map for `D`okala. If you have any questions, please feel free to contact Tracie-Lee Camero at(808) 961-8166. Sincerely, �ryDocuSigned by, W" 65 71 C06�C68548430... ZENDG KERN Planning Director TC:mads Nl vpwin60\TracieTettm,s Zoning 17eterminations`,Arai-3-9-001-023&031-doe DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII H I LO, HAWAII DATE: August 15, 2022 Iffeftm,0449 fL TO: Planning Director r FROM: Department of Public Works, Engineering Division SUBJECT: CHANGE OF ZONE APPLICATION (PL-REZ-2022-000018) Request: Agricultural - 20 Acres (A-20a) to Family Agricultural - 1 Acre (FA-1 a) Applicant: Leonard Cardoza TMK: 3-9-001:023 and 031 We have reviewed the subject request and offer the following comments for your consideration: 1. All development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works. 2. 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. 3. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the HCC. 4. Construction within the County right-of-way shall comply with HCC, Chapter 22, County Streets. 5. Based on the proposed zoning and existing 50-ft wide right-of-way, we recommend that the applicant provide improvements to the subject property's Old Mamalahoa Highway frontage consisting of, but not limited to, paved shoulders, bikelanes and swales, drainage improvements, signs and markings, streetlights, any necessary safety devices (i.e. guardrails) and any relocation of utilities, meeting the requirements of the Americans with Disabilities Act and the approval of the Department of Public Works. The improvements shall be located within any established future road widening setback. 6. 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, Planning Dept. Exhibit 4 County of Hawaii is an Equal Opportunity Provider and Employer and installation of such devices. Questions may be referred to Robyn Matsumoto at 961-8924. Planning Rept. County of Hawaii is an Equal Opportunity Provider and Employer Exhibit 3 COH PLANNING DEPT SON -7 2022'PM4:0? �. rF DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII .......,..._ ;; ' 345 KEKUANAO`A STREET, SUITE 20 HILO, HAWAII 96720 TELEPHONE (808)961-8050 • FAX(808)961-8657 .Tune 16, 2022 TO: Mr. Zendo Kern, Director Planning Department FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Change of Zone Application (PL-REZ-2022-000018) Request— Agricultural-20 Acre (A-20a) to Family Agricultural— 1 Acre (FA-la) Applicant— Leonard Cardoza Tax Map Key 3-9-001:023 and 031 We have reviewed the subject application and have the following comments and conditions. Water can be made available from existing 6-inch waterlines along Old Mamalahoa Highway. In accordance with the Department's existing water availability conditions, the water availability for the proposed lots is subject to change. Please be informed that there is one (1) existing service assigned to the subject parcel (Account Nos. 600-00048). The applicant must designate, in writing, which lot within the proposed subdivision will be assigned the existing meter. 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. Therefore, pursuant to Rule 5 of the Department's Rules and Regulations, a copy of which is being forwarded to the applicant, a water commitment may be issued. Based on the six additional units requested in the proposed seven lot development,the required water commitment deposit is $900.00. Remittance by the applicant of the $900.00 is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change without notice, depending on the water situation. Final subdivision approval will be subject to compliance with the following requirements: 1. Construct necessary water system improvements, which shall include, but not be limited to: . . . Water, Our 9llost Pfecious Resource. . . Ya `iNai A pane. . . Planning Dep' The Department of Water Supply is an Equal Opportunity provider and employer. Exhibit 5 Mr. Zendo Kern, Director Page 2 ,lune 16, 2022 a. service laterals that will accommodate a 518-inch meter to front each lot, b. fire hydrants spaced no more than 640 feet apart. On dead-end streets, the last fire hydrant shall be located at one-half the distance from the last house, or unit, fronting the property or driveway or access to the property, and c. Subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development,the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. Submit construction plans prepared by a professional engineer, architect, or land surveyor, licensed in the State of Hawaii, for review and approval. 2. Remit the prevailing facilities charge balance, which is subject to change, as shown below: FACILITIES CHARGE (FC): One (1)existing service Paid Six (6)additional units A.$6,095.001unit $36,570.04 Total FC $36,570.44 This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. For your information, water commitment deposits are credited towards the final facilities requirement for the development. Note that the amount of water commitment deposit may exceed the prevailing facilities charge amount; for example, when requests for time extensions continue and are approved. Until the development is finally completed, these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge, no refunds are applicable. 3. Comply with all other applicable policies and requirements of the Department's Rules and Regulations. Noncompliance may be cause for voiding this water commitment, at which time availability will be subject to change in accordance with prevailing water system conditions, policies, and Rules and Regulations. M1 Mr. Zendo Kern, Director Page 3 June 16, 2022 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, �4�'"* Keith K. Okamoto,P.E. Manager-Chief Engineer TS:dfg copy—Mr. Leonard Cardoza(w/copy of Rule 5 of the Rules and Regulations) � Y'°FNS' Ramzi I. Mansour Mitchell D.Roth �" �,Id;�; MayorDirector mt Lee Lord �;•� '��` Brenda Iokepa-Moses Managing Director , °f � Deputy Director County of Hawai'i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a Street,Suite 41 -Hilo,Hawai'i 96720• cohdem@hawaiicounty.gov Ph: (808)961-8083 •Fax: (808) 961-8086 MEMORANDUM TO: Zendo Kern, Director Planning Department FROM: Ramzi I. Mansour, Direc '(r " "a • - Department of Environmental Management DATE: May 17,2022 SUBJECT: Change of Zone Application(PL-REZ-2022-000018) Request: Agricultural-20 Acres (A-20a) to Family Agricultural-1 Acre (FA-la) Applicant: Leonard Cardoza Tax Map Key: (3) 3-9-001:023 and 031; North Hilo, 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: County of Hawai'i is an Equal Opportunity Provider and Employer Planning Debi, Exhibit 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 OJNS Y-QF H� Mitchell D. Roth �.'': '� Paul K. Ferreira m•; �Lfaror Police Chief ;R •�i��'N rpw r F O/Mf -- Kenneth Bugado Jr. Deput}^Police Chief County of Hawai' i POLICE DEPARTMENT 349 Kapi'olani Street • Hilo,Hawaii 96720-3998 (808)935-3311 • Fax(808)961-2389 COH PLANNING DEPT MAY 26 2422 Am10:16 May 24, 2022 REC'D HAND DELIVERED TO ZENDO KERN RECTOR, PLANNING DEPARTMENT FROM IO�IRATIONS UIO HO, ASSISTANT POLICE CHIEF IREA I BUREAU SUBJECT: CHANGE OF ZONE APPLICATION (PL-REZ-2022-000018) Staff, upon reviewing the provided documents, does not anticipate any impact to traffic and/or has any public safety concerns. Thank you for allowing us the opportunity to comment. Should you need further assistance, please contact Captain Reynold Kahalewai, Hamakua District Commander, at (808)775-7533 or via email at reynold.kahalewai(az)hawaiicounty.gov. RK:Ili/22HQ0576 "Hawai'i County is an Equal Opportunity Provider and Employer" Planning De p i. Exhibit 7 Mori, Ashley From: Schubert, Halle K. Sent: Thursday, June 9, 2022 12:01 PM To: Planning Internet Mail Cc: Pineda, Cristina; Erickson, Neil C.; Kualii, Jennifer Subject: Comments to Planning - Cardoza PL-REZ-2022-018 Attachments: 2022_06_09; (CMP); Comments to Planning - Cardoza PL-REZ-2022-018.pdf Aloha, Please see the attached document. If you have any questions or concerns, feel free to contact Neil Erickson in OHCD at (808)961-8379. Mahalo, have a good weekend. Halle Schubert Clerk II County of Hawai'i Office of Housing and Community Development 1990 Kino'ole Street, Suite 102 Hilo, HI 96720 Phone: (808) 961-5951 i Planning Dept. Exhibit 8. Mitchell M Roth Susan K Kunz Housing Adminiss°tratrar Lee E.Lord Managing Director Harry M.Vada Assislani Housing Administrator Robert H.Command � �►�" Depit(y Managing Director County of Hawai'i Office of Housing and Community Development 1990 Kirro`ole Street,Suite; '102 • ldz'lo„Ctawai'i 96720 • (808)961-8379 • Fax(909)961-8685 l"xisl:in8 l�lcrrrsing:(84)8)959-4x742 - Fax(808)959-9308 Karya: (808)32.3-4300 • Fax(808)323-4301 i Tune 9,2022 "iia Electronic flail, Flawai`i County Planning Department Attention: Tracie-Lee Carnero 101 Pauahi. Street. 3 Hilo, I-lawai`i 96720 Email: planning(dhawaficountygov SUBJECT: COMMENTS FOR CHANGE OF ZONE APPLICATION (Pl,-REZ-2022-018) APPLICANT: LEONARD CARDOZA TRUST TMK: 3) 3-9-001:023 and 031 Dear Ms. Camero, Thank you for the opportunity to comment. The Office of Housing and Community Development((11CD) does not object to the Applicant's request for change in zoning and respectfully submits the following comments. To ensure that the goals and policies of the Housing:)dement of the General flan are implemented, the Applicant shall comply with the requirements of Chapter 1. 1, Article 1, 1lawai`i County Code, relating to the Affordable Housing Policy. Compliance with Chapter l 1 shall be approved by the Administrator of the OI-ICD prior to Final plan Approval and/or Final Subdivision Approval. It is recommended that the Applicant reach out to the OHCD to discuss an Affordable Housing Agreemen .o Should ou have any questions, contact Neil Erickson at (808);932-5959. Stan I . lun7 Housing Administrator �t�ssry,anary C�} a�L HOUSINGOPPORTU N1TY DAVID Y.IGE o F„ ELIZABETH A.CHAR,M.D. GOVERNOR OF HAWAII p �s 5s 9 y DIRECTOR OF HEALTH t01 STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO,HAWAII 96721-0916 MEMORANDUM DATE: May 23, 2022 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Change of Zone Application (PL-REZ-2022-000018) Request: Agricultural- 20 Acres to Family Agricultural -1 Acre Applicant: Leonard Cardoza TMK: 3-9-001:023 and 031; North Hilo,Hawaii The Health Department found no environmental health concerns with regulatory implications in the submittals. Planning Dept. Exhibit [�.❑r kq SUZANNE D.CASE DAVID Y.IGE �93g.. CHAIRPERSON GOVERNOR OF HAWAII W:' BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT wand area Nar v;. 0 STATE OF HAWAII sra,e orHa+n'a" DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU,HAWAII 96809 Jun 9, 2022 County of Hawaii Planning Department Attn: Ms. Tracie-Lee Camero via email: Planning(aDhawaiicounty.aov 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Ms. Camero: SUBJECT: Change of Zone Application (PL-REZ-2022-000018)— Request to Change Zone from Agricultural-20 Acres (A-20a) to Family Agricultural-1 Acre (FA- 1 a) located at North Hilo, Island of Hawaii; TMK: (3) 3-9-001: 023 and 031 on behalf of Leonard Cardoza Thank you for the opportunity to review and comment on the subject matter. The Land Division of the Department of Land and Natural Resources (DLNR) distributed or made available a copy of your request pertaining to the subject matter to DLNR's Divisions for their review and comments. At this time, enclosed are comments from the (a) Engineering Division, (b) Division of Forestry &Wildlife, and (c) Land Division-Hawaii District on the subject matter. Should you have any questions, please feel free to contact Darlene Nakamura at (808) 587-0417 or email: darlene.k.nakamura(a-)-hawaii.gov. Thank you. Sincerely, Rais�61ff 7'"s-ey' Russell Y. Tsuji Land Administrator Enclosures cc: Central Files Planning Dep . Exhibit 10 t� P>r Mq Sl 1:CNNEDXASE DAVID Y.IGE ,?';t9sa�•q; ('11AIRPERSONND CiOVER1eOR OF HAWAII HOARD OF LAN 1)ANA fl'RAL RLSOt R(Ph r,y C'l OM"U.tiR1N O1N M.I, R REtiOI'R(-L M A N AC k:'s k:.1 I' Wnd area �,ayiorsiM':ti' 0 STATE OF HAWAII S+a+e oFHa+fd'� DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOY 6)1 HONOLULU.HAWAII 96809 May 15,2022 MEMORANDUM TO: DLNR Agencies: _Div. of Aquatic Resources _Div. of Boating & Ocean Recreation XEngineering Division (DLNR.ENGR@hawaii.gov) X Div. of Forestry &Wildlife (rubyrosa.t.terracloohawaii.gov) _Div. of State Parks X Commission on Water Resource Management (DLNR.CWRM@hawaii.gov) _Office of Conservation & Coastal Lands XLand Division — Hawaii District (gordon.c.heit@hawaii.gov) FROM: Russell Y. Tsuji, Land Administrator Russell 1-s4#1 SUBJECT: Change of Zone Application (PL-REZ-2022-000018)— Request to Change Zone from Agricultural-20 Acres (A-20a) to Family Agricultural-1 Acre (FA-1 a) LOCATION: North Hilo, Island of Hawaii; TMK: (3) 3-9-001: 023 and 031 APPLICANT: County of Hawaii on behalf of Leonard Cardoza Transmitted for your review and comment is information on the above-referenced subject matter. Please submit comments by June 9, 2022. If no response is received by the above date, we will assume your agency has no comments. Should you have any questions about this request, please contact Darlene Nakamura at darlene.k.nakamuraohawaii.gov. Thank you. BRIEF COMMENTS: ( ) We have no objections. ( ) We have no comments. ( ) We have no additional comments. (©) Comments are included/attached. Signed: 00A Print Name: DAVID G. SMITH, Administrator Division: Division of Forestry and Wildlife Date: .tun 6,2022 Attachments cc: Central Files SUZANNE D.CASE CHAIRPF.RSOti E1,1IFl 1'.I[:F. 't ,N."""'��4 6OARDOF LAkD AND\ATLRAL RESOURCES GMERNOROI 11A%l Al[ '.(p 7959 '+9 LTINNK5111Y f115L'A'f�iR RFS�Ii RC'F:NTI:ICFS1 Fi'I' ROBERT NASUDA •g. F Ot.ST DFPLr1'Y �qk' a J 1S=y i M.KALEU.MANF1EL DEPLTYDRECTOR-RATER AQUATIC RESOURCES •,:..1" MITNG AND OCEAN UrKAMN 1 y BLIP FAU OF CCINVEYANCFS COA1%1Cs.10N ON WAUR RFSOLM004ANAIXMENT STATE OF HAWAII HRWAI� CUNSERVATM AND MASTAL LAT DEPARTMENT OF LAND AND NATURAL RESOURCES rnNSExiAnnr A F�rrc�+F u�sE�nRCEUENT DIVISION OF FORESTRY AND WILDLIFE H 5MRICPRRESE RVAATION 1151 PUNCHBOWL STREET.ROOM 325 I AHOCIL.ARE ELAND RESERVECOMMISSION LAND HONOLULU,HAWAII 96813 STATF.PARKS June 3, 2022 MEMORANDUM Log no. 3674 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 Change of Zone Application Submitted by the County of Hawaii on behalf of Leonard Cardoza for a Parcel in North Hilo, Hawaii Island The Department of Land and Natural Resources, Division of Forestry and Wildlife(DOFAW)has received your request for comments for a Change of Zane Application (PL-REZ-2022-000018) regarding a parcel located in `0`6kala and Mano`waaale, North Hilo District, on the island of Hawaii; TMKs: (3)3-9-401: 023 and 3-9-401: 031. The proposed project consists of requesting a change of zone for a 13.944-acre parcel and adjoining 1.467-acre road lot from an Agricultural-20 acres (A-20a) to a Family Agricultural-1 acre (FA-la) zoning district to support a proposed 7-lot subdivision with lot sizes ranging from 1 to 4 acres. In addition, the current 40-foot wide access and utility easement will be supplemented with a 14-foot wide access and utility easement within the subject properties in order to provide a combined 50-foot wide access and utility corridor that will be constructed to County agricultural standards. The existing structures associated with the former mill service yard operations will be retained within proposed Lot #1, to hopefully be repurposed into other uses by a new landowner,whether it be agriculturally related or through the application for a Special Pen-nit. The State listed Hawaiian Hoary Bat or `Ope`ape`a(Lasiurus cinereus semotus)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,or trimmed. Barbed wire should be avoided for any construction 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 vovajze to the open sea. For illustrations and guidance related to seabird-friendly light styles that also protect the dark, starry skies of Hawai`i please visit: https://dlnr.hawaii.gov/wildlife/files/2016/03/DOC439.pd State-Iisted waterbirds such as the Hawaiian Duck(Anas Ayvilliana), Hawaiian Stilt(Himantopus mexicanus knudseni), Hawaiian Coot (Fulica alai), and Hawaiian Goose or Nene (Branta sandvicensis) have the potential to occur in the vicinity of the proposed project site. It is against State law to harm or harass these species. If any of these species 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 (Buteo 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. 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 (BIISC) at (808) 933-3340 in planning, design, and construction of the project to learn of any high-risk invasive species in the area and ways to mitigate spread. All equipment, materials, and personnel should be cleaned of excess soil and debris to minimize the risk of spreading invasive species. Gear that may contain soil, such as work boots and vehicles, should be thoroughly cleaned with water and sprayed with 70% alcohol solution to prevent the spread of Rapid `Ohi`a Death and other harmful fungal pathogens. 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(https:llsites.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(a,hawaii.goy. Sincerely, DAVID G. SMITH Administrator SUZANNE D.CASE DAVID Y.IOF `0"E LAND NAs R GOVERNOR OF �(�..• MZ"Q�L ti. BOARD OF LAND AhD NARiRAL RESOURCES HAWAII �tiPr y� E1 p•',^��.�� COT MISSION ON WATERRESOURCEMANAGEMENI aeN ROBERT Y IR DA FsrDEPI;PUTTi d and and; NL KALEO MANTEL NV 'i.6 DEPUTY DIRECTOR-WATER A^ '6 i �.+ ;' AQUATICRESOURC&S BOATINEA OF C'ONIEY NCES ON BUREAU OF CONVEYANCES COMMISSION ON WAIER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT STATE OF HAWAII Eh GI EERI G FOR ES'I RY AND WILDLIFE SLAN eta DEPARTMENT OF LAND AND NATURAL RESOURCES HLSTPRESERVATION f�of�ypv�,�- IiAHOOLAWE ISLAND RESERYT;COMMISSION LAND STATE HISTORIC PRESERVATION DIVISION SLATE PAV KS KAKUHIHEWA BUILDING 601 KAMOKILA BLVD.,STE 555 KAPOLEI,HI96707 June 7,2022 IN REPLY REFER TO: Zendo Kern,Planning Director Project No.2022PR00620 County of Hawaii Doc.No. 2206JG06 101 Pauahi Street,Suite 3 Archaeology Hilo,HI 96720 Oanr im(i hawaiicounty.Dov Dear Mr.Kern: SUBJECT: Chapter 6E-42 Historic Preservation Review— Proposed Rezone for the Cardoza Property from A-20a to FA-la `O`okala Ahupua`a,North Hilo District,Island of Hawaii TNIK: (3)3-9-001:023 and 031 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 the permit application, a site plan, correspondence dated May 12, 2022 (Leonard Cardoza to Zendo Kern [County of Hawaii Planning Department]), and two street-view photos of the subject project parcel. The applicant, the Leonard Cardoza Trust (Landowner), proposes the rezoning of two parcels [TMKs: (3) 3-9-001:023 [a 13.944-acre parcel] and (3) 3-9- 001:031 [a 1.467-acre parcel]),which combined consist of a 15.411-acre area, from an Agricultural District(20-acre minimum; A-20a)to a Family Agricultural District(1-acre minimum; FA-1 a) in support of a proposed subdivision of the parcels into seven separate lots that will range between 1-acre to 4-acre lots. The submittal also indicates that the current project area was impacted by previous ground-disturbing activities associated with the operation of the `O`okala Sugar Mill, sugarcane cultivation, and pasture use. Additionally, the project parcel has been impacted by the construction of existing structures, one of which consist of a garage constructed in 1930 by and for use of the `O`okala Sugar Mill.The Change of Zone Application notes that no ground-disturbing activities are proposed for the current project and that any treatment associated with the 1930s garage,if any,will be under the purview of the new owners of the subdivided lot;the 1930s garage is proposed to be subdivided into"lot 1"per the submitted site plan. A review of SHPD records indicates that no archaeological inventory survey (AIS) has been conducted within the subject parcel, and that no historic properties have been identified previously within the proposed project area; however, SHPD GIS data indicates that the subject project area is located with State Inventory of Historic Places (SIHP) Site # 50-10-09-07409 (the `O`okala Historic District). SHPD records also indicate that parcel 023 has been subject to a previous historic preservation review which resulted in a determination of "no historic properties affected" for then-proposed project(June 7,2004; Log No. 2004.0927, Doc.No. 0406MM03).Additionally,historic (1965) and contemporary aerial imagery indicates that the subject project area has been previously impacted by sugarcane cultivation activities and pasture use. Thus, it is unlikely that any unidentified historic properties remain intact within the current project area. Determination Based on current information, SHPD's determination is no historic properties affected for the proposed project. Pursuant to HAR §13-294-7(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 may proceed. F Pla1'1ning Depi. Exhibit 11 Mr.Kern 06/07/2022 Page 2 SHPD requests the opportunity to review future permit applications for projects involving ground disturbance and/or with potential to affect possible surface archaeological or architectural historic properties within the proposed "lot F that will contain the 1930s garage associated with`O`Okala Sugar Mill. 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.gastilokhawaii.gov for any questions regarding this letter. Aloha, I'Gae ln�Wew- Alan S.Downer,PhD Administrator, State Historic Preservation Division Deputy State Historic Preservation Officer cc: Leonard Cardoza Trust,larincofficekgmail.com Daryn Arai,darn.araigoutlook.com Mori, Ashley From: Cady, Melissa N <melissa_cady@fws.gov> Sent: Monday, May 16, 2022 2:36 PM To: Camero, Tracie-Lee Cc: Dacayanan, Melissa; Planning Internet Mail Subject: Request for Comments on App. No. PL-REZ-2022-018 on TMKs: (3) 3-9-001:023 & 031 Attachments: BMPs For Work In or Around Aquatic Environment-revised Nov 2018.pdf; Invasive Species Biosecurity Protocols-FINAL-Feb 2022_Hawaii.pdf, Plant Avoidance and Minimization Measures-FINAL-Feb 2022.pdf, IPaC Info Letter-Species List Instructions_PIFWO_20Apr2022_Final.pdf Hi Melissa and Tracie-Lee, USFWS Pacific Islands Fish and Wildlife Office has adopted an online portal where you can generate an official species list including threatened and endangered species and designated critical habitat for your project area. USFWS requests that you please use this portal to develop your official species list for this project. I have attached a letter with instructions for using the portal, and I invite you to reach out to me if you have any questions or problems using the portal to meet your project needs. The portal will provide a letter with a list of species that may occur in the area and links to our recommended avoidance and minimization measures for those species. I have also attached our recommended Biosecurity Protocol to avoid the introduction of invasive species, our Aquatic Best Management Practices, and avoidance and minimization measures for listed plants for your use, as applicable. Please feel free to share this information with others in your office who may need to request technical assistance or species lists from the Service going forward. Please don't hesitate to reach out if I can be of assistance. Best Regards, Melissa Cady (she/her) Maui Nui & Hawai'i Island Team Pacific Islands Fish and Wildlife Office U.S. Fish and Wildlife Service 154 Waianuenue Avenue Suite 103 Hilo, Hawai'i 96720-2452 Office Phone:808-933-6963 Cell Phone: 808-443-9795 Email: melissa_cady@fws.gov Mailing Address: U.S. Fish and Wildlife Service PO Box 653 Hilo, HI 96721 1 Planning Depi. Exhibit 12 T 4C�E Fr FIS 11&WNLm.99V United States Department of the Interior NFR.911R a FISH AND WILDLIFE SERVICE h s A Pacific Islands Fish and Wildlife Office 300 Ala Moana Boulevard, Room 3-122 Honolulu, Hawaii 96850 Subject: IPaC generated official species list for the Pacific Islands Fish and Wildlife Office Dear Action Agency or Applicant: The Pacific Islands Fish and Wildlife Office(PIFWO) is transitioning to the Information for Planning and Consultation (IPaC)online portal, https://ipac.ecosphere.fws.gov/for federal action agencies and non-federal agencies or individuals to obtain official species lists, including threatened and endangered species, designated critical habitat, and avoidance and minimization measures to consider in your general project design. IPaC has been used by continental USFWS offices to provide official species lists and avoidance and minimization guidance since 2017. Using IPaC expedites the process for species list distribution. Obtaining a species list in IPaC is relatively straightforward and takes minimal time to complete. Step by step instructions are included below. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of your species list should be verified after 90 days. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change the species list. Verification can be completed by visiting the IPaC website at regular intervals during project planning and implementation. An updated list may be requested through the IPaC system by completing the same process used to obtain the initial species list. We hope this process provides efficiencies to our partners in obtaining a species list. For federal action agencies, it also opens additional IPaC functionality that the PIFWO office is still working on, such as the use of Determination Keys for informal section 7 programmatic consultations. We will let our agency partners know when that functionality becomes available. If you have questions about a species list obtained through the IPaC system or need assistance in completing an IPaC species list request, please contact the Service at 808.792-9400 or via email at pifwo admin(a fws.gov. We appreciate your efforts to conserve listed species across the Pacific Islands. INTERIOR REGION 9 INTERIOR REGION 12 COLUMBIA—PACIFIC NORTHWEST PACIFIC ISLANDS IDAHO. MONTANA*. OREGON*. WASHINGTON AMERICAN SAMOA. GUAM. I-IAWAI°l. NORTHERN 'PAMAI MARIANA ISLANDS Instructions for Action Agencies and partners to obtain an official species list in IPaC • Navigate to https:Ilipac.ecosphere.fws.gov/ • You can get an unofficial species list without logging in. However, if you want an official species list you will need to log in first using your Login.gov account. If you don't have an IPaC account, they are easy to create. Log in x LOG N GOV LOGIN You can use your Login.gov profile as your IPaC account.You will need to allow IPaC to read your basic profile in Formatio n. LOG IN WITH Q LOG IN.GOV Why do I need an IPaC account? Select Log in with Login.gov and sign in using your email and password. Email address ❑ Show password Password F- Create an account Sign in with your government employee ID If you have a PIV or CAC card,you can sign in using that method as well. 2 Sign in with your P1V or CAC Make sure you have a Login.gov account and you've set up PIV/CAC as a two-factor authentication method. Insert your PIV/CAC Cancei • Once you log in, select"Get Started". ' WaC Information for Planning and Consultation :.,Sr iepir,0.Arch 16.7027 05. IPaC is a project planning tool that streamlines the USFWS environmental review process ■ MY PROJECTS • Deme the action area: Identify the location of the proposed action by uploading an existing shapefile or by entering an address or coordinates of the action area. Once identified on the map, you can manually draw the action area using the drawing toots. my PROIFM 1 2 Define area Find location Draw[he area where activities will occur Search or xoom IQ find the praJeC[ Selea a drawing Tool fionwrrlu lOWti9n SKETCH �• Or skip:^ls slop arid: POLYGON UPLOAD 5 H APE FILE 'K^ SELECT BY STATE OR COUNTY LINE Other QPtQr.5 UPLOAD SHAPE FILE 1 , Define area SELECT BY STATE OR COUNTY l y �"n, 3 Ronolullu c y ;r FF D G ffQ C Elk 1[e.. ` Lea[3e1 I Powered by Esri I City and County of Honolulu,Esri,Fir To help identify your action area you can choose between multiple base maps available. Find lavation Define area s r 3 Confirm Verify the area where project activities will occur Modify the shape by clicking and � dragging the vertices or clicking on • a solid vertex to remove it 0 sv F = 5.73 acres _ t• y START OVER Press continue when you have finished drawing or uploading the action area location. • The species information on the page that follows is not official. However,it identifies the project County, local Fish and Wildlife Field Office, species covered under NOAA Fisheries as well as Migratory Bird Treaty Act species. The list can be viewed in Thumbnail or List format. • Once the species list populates you will see images of the species that may occur on, near, or transgress across your project. Click on SPECIES GUIDELINES on your top right to see Avoidance and Minimization measures to incorporate into your General Project Design Guidelines. 4 Explore location Honolulu CCIUFkty. 1,.(Ai .--:' PACIFIC ISLANDS FISH AND . . Resources ENDANGFIR En SPECIES 20Endangered species Listed species i and their uiucal habitats are managed by the EcoIavI caJ3ervlces ProgLm of the U.S. MIGRATORY BIRDS 5 Fish and Wildlife Service{l1SFM5 and the fisheries division or the National0,eanrc and Atmosphere[ FACIt ITtES AdrtlinistrakriJNOAAFiSherleS I I- Species and critical habitats under the sole responsibility of NOM Feshenes are not shown on this list. WETLANDS f Please toniari NOAA Fisheries for snec,es under Thi i. timelicnon. K PRINT RE 56L+RCE List Oddi Tonal Information an endangered species data is provided bAow. The following species are potentially affected by act[vitles in this location: What'5neXt7 UTHUMBNAILS MUST [rjSPfCIESGUI DELINE5- Derrue a Prgea at tnls location to evaluate potemai impacts. get anaf'icaaspecteslist.and Manimals make species determinations • Continue with the following steps to comply with the requirements of ESA section 7 to obtain an official species list. • Select Define Project Define project RM a ap,oj- a e4um pore 0-mpacis.gee art off—I speoes list.aM make spates dnerm—.. What's next? 9mjmnan, Define a project at this location to evaluate potential impacts, get an official species list,and make species determinations. CANCEL Enter the Project Name and a brief description of the project(a description is not mandatory, but recommended for future coordination with the Service). Click SAVE at bottom of page. • At the bottom of the What's next box on the right, click Request Species List 5 Test Project a what's next? Testing Review this project's effects on listed species , pursuant to the Endangered Species Act(ESA).as part of the overall Flonoiulu regulatory review. `g Requesting an official species list is now pan of IPaC's ESA Review. 1 k REvuEsT SPECIES UST Honolulu County.Hawaii �_� :[ March i7.1o22 Local office A 1 MEMBER 0 2 00C MENTS Pacific islands Fish And Wildlife Office ■ on the following screen, click Yes, Request Species List Endangered Species Act Review 1BACK EXIT REVIEW 0 Request an official 0 Lyaluate deterimatiQn ® Analyze projecc(op{tonal] 0 Download docVmentauon species list keys No 6keys for proJea Step 1 : Request an official species list An official species lists a Ieiuer from the local U.S.Fish and Wildlife Servile field office that assists in the evaluation of potential impacts of your project.It includes a list of species that should be considered under 5v�rtQn 7 dFthe Endangered Species Act.a project tracking number,and oEher pertinent infor mauon from the field office. Does this project require an official species list? I-ederaJ agencies are required to request c=the Secretary of interior nformauor.whe;rver any species which i s fisted or proposed to be listed may be present to the area of a proposed action'{Section 7 of the Endangered Species Act), This Tequtrerrtent applies to projects that are conducted,permltted.funded,or licensed by any Federal agency. n • SKIP!DOES NOT APPLY • Fill out the contact information for yourself or your agency. Contractors, state partners, and any other project proponents may request a species list and should be covered using the dropdown menus. 6 Tell us about the project and your organization or agency Is this project being conducted, permitted, funded,or licensed by a Federal agency? 0 Yes a N9 What kind of organization are you working for directly? Federal Agency State Agency Federa I Agen[y TerritoryAgenry City County Non-Governmental O nizatian From the pull-dawn menu for Classify Type of Project, select the project type that hest fits the proposed action. Enter your project information Project desuipu on -e=iing 54Pr@tt your prof eCi type I Abel,donmem Of Rall Line Acq ulsiilon or Lands Airpori-A,WIn[enanceRrindlCca[ion Alrpors-New Consc melon Animal Control Aquaculture Beach npungnmQRt Bio[ogicar[on[roi Boal[tamp-Main[enancel7�todi{;[a�lan Boal Ramp•Ncw Consrruciiian • Once all required sections are filled out, press SUBMIT OFFICIAL SPECIES LIST REQUEST 7 Location Mead W u SUBMIT OFFICIAL SPECIES LIST REQU 4 1 iy • An Official Species List should be generated and available for download in a couple of seconds. • If you need additional information on a species, click on their name that is hot-linked to their species information page. A brief overview of the species' status, description and critical habitat will appear as well as a link to their ECOS species profile. -- Tim x EN 7DAN4FEN�ANGEREQSPEUES - - ---- — MIGRATORY 51RDS 5 FACILITIES r WETLANDS ! PRINT 1111O!J I[E LnT What's next? f DOM a prsxrn At a:¢:xa[nn iPC.aluau pa"CnrvN+mpd: Set an otte:a 5eK[MhA _ Threarened:A species likely to heroine endangered >•am sverrii ar[Crnvna[i "ithsipiifi the foreseeable it5 ran throughout 31 w a sig..^.ifican*pprnon of its range" [---r-- The Ira+is an Hawaiian forest bird in the endemic hweycreeper subfami'y of the Fnagillidae!finch iami!; If1,'. -sited forest birds{total body lerin. " . ." •4 C*MMTerS gm l l5"5 .x_10 cr,,. .xck wings O Avoidance,Minimization,and Conservation Measures for listed plants in the Pacific Islands Project activities may affect listed plant species by causing physical damage to plant parts(roots,stems,flowers,fruits,seeds,etc.)as well as impacts to other life requisite features of their habitat which may result in reduction of germination,growth and/or reproduction. Cutting and removal of vegetation surrounding listed plants has the potential to alter microsite conditions(e.g.,light, moisture,temperature),damaging or destroying the listed plants and also increasing the risk of invasion by nonnative plants which can result in higher incidence or intensity of fire.Activities such as grazing,use of construction equipment and vehicles,and increased human traffic(i.e.trails,visitation,monitoring),can cause ground disturbance,erosion,and/or soil compaction which decrease absorption of water and nutrients and damage plant root systems and may result in reduced growth and/or mortality of listed plants. Soil disturbance or removal has the potential to negatively impact the soil seed bank of listed plant species if such species are present or historically occurred in the project area. In order to avoid or minimize potential adverse effects to listed plants that may occur on the proposed project site,we recommend minimizing disturbance outside of existing developed or otherwise modified areas.When disturbance outside existing developed or modified sites is proposed,conduct a botanical survey for listed plant species within the project action area,defined as the area where direct and indirect effects are likely to occur. Surveys should be conducted by a knowledgeable botanist with documented experience in identifying native Hawaiian and Pacific Islands plants,including listed plant species.Botanical surveys should optimally be conducted during the wettest part of the year(typically October to April)when plants and identifying features are more likely to be visible,especially in drier areas.If surveys are conducted outside of the wet season,the Service may assume plant presence. The boundary of the area occupied by listed plants should be marked with flagging by the surveyor.To avoid or minimize potential adverse effects to listed plants,we recommend adherence to buffer distances for the activities in the Table below.Where disturbed areas do not need to be maintained as an open area,restore disturbed areas using native plants as appropriate for the location. Whenever possible we recommend using native plants for landscaping purposes.The following websites are good resources to use when choosing landscaping plants: Landscape Industry Council of Hawaii Native Plant Poster (http://hawaiiscape.wpen�ine coin/com/pubtications ,Native Hawaiian Plants for Landscaping,Conservation,and Reforestation (https://www.ctahr.hawaii.ediL/oc/free tp ibs/pdf/of-30.dfdf),and Best Native Plants for Landscapes (his://www.ctahr.hawaii.edL/oc/freepubs/pdf/OF-40:pdf). If listed plants occur in a project area,the avoidance buffers are recommended to reduce direct and indirect impacts to listed plants from project activities.However,where project activities will occur within the recommended buffer distances,additional consultation is required.The impacts to the plants of concern within the buffer area may be reduced by placing temporary fencing or other barriers at the boundary of the disturbance,as far from the affected plants as practicable. The above guidelines apply to areas outside of designated critical habitat.If project activities occur within designated critical habitat unit boundaries,additional consultation is required. All activities,including site surveys,risk introducing nonnative species into project areas. Specific attention needs to be made to ensure that all equipment,personnel and supplies are properly checked and are free of contamination(weed seeds,organic matter,or other contaminants)before entering project areas. Quarantines and or management activities occurring on specific priority invasive species proximal to project areas need to be considered or adequately addressed.This information can be acquired by contacting local experts such as those on local invasive species committees(Kauai:https://www.kaLaiisc.org/;Oahu:https://www.oahLlisc.ory/;Maui Nui:https://mauiinvasive.org/;and Hawaii:htt)s://www.biisc.org/ Table 1.Recommended buffer distances to minimize and avoid potential adverse impacts to listed plants from activities listed below. Buffer Distance(feet(meters))-Keep Project Activity This Far Away from Listed Plant Action Grasses/Herbs/Shrubs and Trees and Arboreal Orchids Terrestrial Orchids Walking,hiking,surveys 3 ft(1 m) 3 ft(1 m) Cutting and Removing Vegetation By Hand or Hand Tools 3 ft(1 m) 3 ft(1 m) (e.g.,weeding) Mechanical Removal of Individual Plants or Woody 3 ft up to height of removed 3 ft up to height of removed Vegetation(e.g.,chainsaw,weed eater) vegetation(whichever greater) vegetation(whichever greater) Removal of Vegetation with Heavy Equipment(e.g., 2x width equipment+ 820 ft(250 m) bulldozer,tractor,"bush hog") height of vegetation Ground-based Spray Application; hand application(no wand applicator; 10 ft(3 m) Crown diameter spot treatment Ground-based Spray Application; manual pump with wand,backpack 50 ft(15 m) Crown diameter Use of Approved Ground-based Spray Application; 50 ft(15 m) Crown diameter Herbicides vehicle-mounted tank sprayer (following label) Aerial Spray(ball applicator) 250 ft(76 m) 250 ft(76 m) Aerial Application—herbicide ballistic 100 ft(30 m) Crown diameter technology(individual plant treatment) Aerial Spray(boom) Further consultation required Further consultation required Use of Insecticides(pollinators,seed dispersers) Further consultation required Further consultation required Ground/Soil Disturb ance/Ou tp lantin g/Fencin g(Hand tools, 20 ft(6 m) 2x crown diameter e.g.shovel,'o o; Small mechanized tools,e.g.,auger) Ground/Soil Disturbance(Heavy Equipment) 328 ft(100 m) 820 ft(250 m) Trails(e.g.,human,ungulates) 20 ft(6 m) 2x crown diameter Surface Hardening/Soil compaction Roads/Utility Corridors, 328 ft(100 m) 820 ft(250 m) Buildings/Structures Prescribed Burns Further consultation required Further consultation required Farming/Ranching/Silviculture 820 ft(250 m) 820 ft(250 m) Definitions(Wagner et al. 1999) Crown:The leafy top of a tree. Herb:A plant,either annual,biennial,or perennial,with the non-woody stems dying back to the ground at the end of the growing season. Shrub:A perennial woody plant with usually several to numerous primary stems arising from or relatively near the ground. Tree:A woody perennial that usually has a single trunk References Cited USFWS. 2010. Endangered and threatened wildlife and plants; determination of endangered status for 48 species on Kauai and designation of critical habitat. Federal Register 75: 18960-19165. . 2012. Endangered and threatened wildlife and plants; endangered status for 23 species on Oahu and designation of critical habitat for 124 species; final rule. Federal Register 77: 57648-57862. . 2013a Endangered and threatened wildlife and plants; determination of endangered status for 38 species from Molokai, Lanai, and Maui. Federal Register 78: 32014-32065. . 2013b. Endangered and threatened wildlife and plants; determination of endangered species status for 15 species on Hawaii Island. Federal Register 78: 64638-64690. . 2016. Endangered and threatened wildlife and plants; determination of endangered status for 49 species from the Hawaiian Islands. Federal Register 81: 67786-67860. . 2016. USFWS Rare plant database. Unpublished. Wagner, W.L., Sohmer, S., and D.R. Herbst. 1999. Manual of the flowering plants of Hawaii, revised edition. Honolulu, Hawaii. University of Hawaii and Bishop Museum Press. 1,919 pp. PIFWO Invasive Species Biosecurity Protocols (Updated February 2022) Project activities may introduce or spread invasive species, causing negative ecological consequences to new areas or islands, resulting in potential impacts to fish,wildlife, and their habitat. For example, seeds of invasive plant species (e.g., Chromolaena odorata, Senecio madagascariensis, Cyathea cooperi, or Miconia calvescens) can be inadvertently transported on equipment from a previous work site to a new site where the species are not present. Likewise, equipment used in an area infected with a pathogen or insect pest that can have ecological consequences (e.g., rapid `Mi`a death(Ceratocystis spp.), black twig borer(Xylosandrus compactus), or naio thrips (Klambothrips myopori), if not properly decontaminated, can act as a vector to introduce the pathogen into a new area. Additionally, vehicles must be properly inspected and cleaned to ensure vertebrate or invertebrate pests do not stowaway and spread to other areas. These are just a few examples of how even well-intended project activities may inadvertently introduce or spread invasive species. To avoid and minimize invasive species potential impacts to fish, wildlife, and their habitat we recommend incorporating general biosecurity protocols into your project planning (see below). Additionally,your project occurs in a geographic area and/or involves activities that risk spreading the following specific invasive species: [rapid `Mi`a death(Ceratocystis spp.) and little fire ant(Wasmannia auropunctata)]. Therefore, we recommend including additional protocols specific to those invasive species (see species-specific biosecurity protocols below). Additional consultation is recommended if project activities involve transportation of materials, equipment, vehicles, etc. between islands or transpacific movement of materials or equipment. Invasive Species Biosecurity Protocol The following biosecurity protocol is recommended to be incorporated into planning for your project to avoid or minimize transportation of invasive species with potential to impact to fish, wildlife, and their habitat. Cleaning, treatment, and/or inspection activities are the responsibility of the equipment or vehicle owner and operator. However, it is ultimately the responsibility of the action agency to ensure that all project materials, vehicles, machinery, equipment, and personnel are free of invasive species before entry into a project site. Please refer to the resources listed below for current removal/treatment recommendations that may be relevant to your proj ect. 1. Cleaning and treatment: Project applicants should assume that all project materials (i.e., construction materials, or aggregate such as dirt, sand, gravel, etc.), vehicles, machinery, and equipment contain dirt and mud, debris,plant seeds, and other invasive species, and therefore require thorough cleaning. Treatment for specific pests, for example,trapping and poison baiting for rodents, or baiting and fumigation for insects, should be considered when applicable. For effective cleaning we offer the following recommendations prior to entry into a project site: a. Project materials, vehicles, machinery, and equipment must be pressure washed thoroughly (preferably with hot water) in a designated cleaning area. Project materials, vehicles, machinery, and equipment should be visibly free of mud/dirt (excluding aggregate), seeds,plant debris, insects, spiders, frogs (including frog eggs), other vertebrate species (e.g., rodents, mongoose, feral cats, reptiles, etc.), and rubbish. Areas of particular concern include bumpers, grills, hood compartments, wheel wells, undercarriage, cabs, and truck beds. Truck beds with accumulated material are prime sites for hitchhiking invasive species. b. The interior and exterior of vehicles, machinery, and equipment must be free of rubbish and food, which can attract pests (i.e., rodents and insects). The interiors of vehicles and the cabs of machinery should be vacuumed clean particularly for any plant material or seeds. 2. Inspection: a. Following cleaning and/or treatment,project materials, vehicles, machinery, and equipment, must be visually inspected by its user, and be free of mud/dirt (excluding aggregate), debris, and invasive species prior to entry into a project site. For example, careful visual inspection of a vehicle's tires and undercarriage is recommended for any remaining mud that could contain invasive plant seeds. b. Any project materials, vehicles, machinery, or equipment found to contain invasive species (e.g.,plant seeds, invertebrates, rodents, mongoose, cats, reptiles, etc.) must not enter the project site until those invasive species are properly removed/treated. 3. For all project site personnel: a. Prior to entry into the project site, visually inspect and clean your clothes, boots or other footwear, backpack, radio harness, tools and other personal gear and equipment for insects, seeds, soil,plant parts, or other debris. We recommend the use of a cleaning brush with sturdy bristles. Seeds found on clothing, footwear, backpacks, etc., should be placed in a secure bag or similar container and discarded in the trash rather than being dropped to ground at the project site or elsewhere. 4. Additional considerations: a. Consider implementing a Hazard Analysis and Critical Control Point(HACCP) plan (�zt;t:p� //�v;�vw !'Nva god;/,p of c /�i 7> iw i „zt�nj)to improve project planning around reducing the risk of introducing or spreading invasive species. b. When applicable, use pest-free or low-risk sources of plants, mulch, wood, animal feed or other materials to be transported to a project site. c. For projects involving plants from nurseries (e.g., outplanting activities, etc.), all plants should be inspected, and if necessary, appropriately cleaned or treated for invasive species prior to being transported to the project site. d. Avoid unnecessary exposure to invasive species at a particular site (to the extent practical)to reduce contamination and spread. For example, if your project involves people or equipment moving between multiple locations,plan and organize timelines so that work is completed in native habitat prior to working in a disturbed location to reduce the likelihood of introducing a pest into the native habitat. e. Maintain good communication about invasive species risks between project managers and personnel working on the project site (e.g., conduct briefings and training about invasive species). Ensure prevention measures are communicated to the entire project team. Also consider adding language on biosecurity into contracts or permitting mechanisms to provide clarity to all involved in the project. Report any species of concern or possible introduction of invasive species to appropriate land managers. For current removal/treatment recommendations please refer to the following: Hawaiian Islands: • Hawai`i Island— .::: ....:://www..:.b..J:.5c..:.aL • Maui — .::i...:,//��.aLii.J:.fl:�::�':.a:5J:.:Y ..�.g gZ • Moloka`i -�.q1p,_..://��;��;��,,.,��:.o.:.o a:j:.J:.sc.,..o�:g • Una`i - „zt;t;: :a; .a.I :i.aJ:...,co.1-1:./.. • O`ahu—1.q1p,_..:,//��;��;��..:..oa:�:�:��::.s.C...on_'/ • Kaua`i — Mariana Islands: • Guam —I„zt;t;: s://l�ioseca� it:y... a; :...gg: :/. • CNMI—].:.:I1�..::.1/��v��v�v..:.dfNv.cfl �-iii.,coc -ii/ Species-Specific Biosecurity Protocols Rapid `Ohi`a Death (ROD) Rapid `Ohi`a Death(ROD) is a caused by a fungal pathogen (Ceratocystis spp.)that attacks and kills `6hi`a trees (Metrosideros polymorpha). `Ohi`a is endemic to the Hawaiian Islands and is the most abundant native tree species, comprising approximately 80 percent of Hawai`i's remaining native forests. For more information about ROD including its current distribution, ROD science updates, and the latest on ROD protocol, please visit��;��;��,,ra idolziadeafli, . To reduce the risk of spreading ROD, the following best management practices and decontamination protocol are recommended: Best Management Practices for ROD 1. Never transport any part of an `6hi`a tree between different areas of an island or to a different island. 2. Do not use equipment from ROD infected islands on another island unless it is very specialized equipment and follows the decontamination protocol described below. 3. Avoid wounding `6hi`a trees and roots with mowers, chainsaws, weed eaters, and other tools. If an `6hi`a receives a minor injury like a small broken branch, then give the injury a clean,pruning-type cut(close to the main part of the trunk or branch)to promote healing, and then spray the entire wounded area with a pruning seal. 4. Always report suspect ROD `6hi`a trees observed within you project area. ROD is a wilt disease that cuts off the supply of water and nutrients to the tree. The primary symptom to look for is an entire canopy or a large branch with dying leaves or red discolored leaves. Please record the GPS coordinates and location and take a picture of the tree if possible. Please report suspected ROD `6hi`a trees to the following agencies: a. Island of Hawaii —BIISC: 808-969-8268 (ohialove@hawaii.edu) b. Maui —MISC: 808-573-6472 (miscpr@hawaii.edu) c. Molokai —TNC: 808-553-5236 ext. 6585 (lbuchanan@tnc.org) d. Oahu—OISC: 808-266-7994 (oisc@hawaii.edu) e. Kauai —KISC: 808-821-1490 (kisc@hawaii.edu) ROD Decontamination Protocol 1. Clothes, footwear, backpacks, and other personal equipment a. Before leaving the project site, remove as much mud and other contaminants as possible. Use of a brush with soap and water to clean gear is preferred. Footwear, backpacks, and other gear must be sanitized by spraying with a solution of>70 percent isopropyl alcohol or a freshly mixed 10 percent bleach solution. 2. Vehicles, machinery, and other equipment a. Vehicles, machinery, and other equipment must be thoroughly hosed down with water(pressure washing preferred) and visibly free of mud and debris, then sprayed with a solution of>70 percent isopropyl alcohol or a freshly mixed 10 percent bleach solution. Use of a"pump-pot" sprayer is recommended for the solution and a hot water wash is preferred. Be sure to thoroughly clean the undercarriage, truck bed, bumpers, and wheel wells. b. If non-decontaminated personnel or items enter a vehicle, then the inside of the vehicle (i.e., floor mats, etc.) must be subsequently decontaminated by removing mud and other contaminants and sprayed with the one of the same aforementioned sanitizing solutions. 3. Cutting tools a. All cutting tools, including machetes, chainsaws, and loppers must be sanitized to remove visible mud and other contaminants. Tools must be sanitized using a solution of>70 percent isopropyl alcohol or a freshly mixed 10 percent bleach solution. One minute after sanitizing, one may apply an oil-based lubricant to chainsaw chains or other metallic parts to prevent corrosion as bleach is corrosive to metal. NOTE: When using a 10 percent bleach solution, surfaces should be cleaned with a minimum contact time of 30 seconds. Bleach must be mixed daily and used within 24 hours, as once mixed it degrades. Bleach will not work to disinfect surfaces that have high levels of organic matter such as sawdust or soil. Because bleach is also corrosive to metal, a water rinse after proper sanitization is recommended to avoid corrosion. Little Fire Ant(LFA) The little fire ant(Wasmannia auropunctata), or LFA, is an invasive species with a painful sting that can inhabit many different environments. In Hawai`i, it often infests agricultural fields and farms, damaging crops and stinging unsuspecting workers. Little fire ants are also highly disruptive to native tropical ecosystems and harmful to wildlife. Slow moving, but tiny and capable of foraging 24 hours a day with multiple queens per colony, LFA is a formidable threat to biodiversity, agriculture, and quality of life on tropical islands in the Pacific. For more information about LFA including helpful guides and workshops for treating or detecting LFA, please visit.w;w;wI JI.,I]efie.at]ts_.,coALY,. To reduce the risk of spreading LFA, the following biosecurity protocol is recommended: Biosecurity Protocol for LFA 1. For projects involving plants from nurseries (e.g., outplanting activities, etc.), all plants should be inspected for little fire ants and other pests prior to being transported to the project site. If plants are found to be infested by ants of any species,plants should be sourced from an alternative nursery and the infested nursery should follow treatment protocols recommended by the Hawaii Ant Lab (1.1.1, c.o.....t.t.....e........t....i....t....../...g.ploads/2020 MatiqOenetit of' .Pest Atits iti Nirerjes aiti.m L) 2. All work vehicles, machinery, and equipment should follow steps I and 2 in the "Invasive Species Biosecurity Protocol" for(1) cleaning and treatment and(2) inspection for invasive ants prior to entering a project site. 3. Any machinery, vehicles, equipment, or other supplies found to be infested with ants (or other invasive species) must not enter the project site until it is properly treated (https:Hlittlefireants.com/how-to-treat-for-little-fire-ants-for- homeowners/grecommended-bait-products) and re-tested. Infested vehicles must be treated following recommendations by the Hawaii Ant Lab e f.j. i.-.e.21]r.s c gir..i/i.-.e s..ogrce cetiterl or another ant control expert and in ........ .........................................................................................................................................., accordance with all State and Federal laws. Treatment is the responsibility of the equipment or vehicle owner. Ultimately however, it is the responsibility of the action agency to ensure that all project materials, vehicles, machinery, and equipment follow the appropriate protocol(s). 4. General Vehicle Ant Hygiene: Even the cleanest vehicle can pick up and spread little fire ant. Place MaxForce Complete Brand Granular Insect Bait(1.0 percent Hydramethylnon; ].=,-..-//1abe1 sds,coni/inl.ag -r .�ZIL g L�Rloads/Maxforce�/020(-,oiiplete�/020.1...,al)ell�1020i ............................................................................................................................. ................ S,]p f) into refillable tamper resistant bait stations. An example of a commercially available refillable tamper resistant bait station is the Ant Caf&Pro /w w w a t]t..c a fe. c o.111/.). Place a bait station (or stations) in the vehicle and note that larger vehicles, such as trucks, may require multiple stations. Monitor bait stations frequently (every week at a minimum) and replace bait as needed. If the bait station does not have a sticker to identify the contents, apply a sticker listing contents to the station. 5. Gravel, building materials, or other equipment such as portable buildings should be baited using MaxForce Complete Brand Granular Insect Bait(1.0 percent Hydramethylnon; ].�.= -/Jabelsds,coni/.� a� i-11 . .�ZIL�L L;Rloads/Maxforce��/�`�20(-',0-1-1—'P!.!��.. 2.Eah..!d! ZQ 1:::�5 ............................................................................................................................. —————————————— 8JLfff) or AmdroPro (0.73 percent Hydramethylnon; following label guidance. 6. Storage areas that hold field tools, especially tents, tarps, and clothing should be baited using MaxForce Complete Brand Granular Insect Bait(1.0 percent Hydramethylnon; .......... .............. .�ZIL g L�Rloads/Max force 020(-,oi ip1ete1YO201..,abe11N020 ............................................................... ........................... ........... ----------------- S,jLfff) or AmdroPro (0.73 percent Hydramethylnon; following label guidance. 7. Vehicles that have entered a project site known or thought to overlap with areas infested with LFA should subsequently be tested for LFA with baiting in accordance with protocol recommended by the Hawaii Ant Lab Q= "//Iittlefit-eatits.,.co�-ii/sLit'vey.._yoLir ................................................................................................................................................................... .....i....on..e........ hL:J.fa/ . 8. If LFA are detected, please report it to 808-643-PEST (Hawai'i), 671-475-PEST (Guam), or 684-699-1575 (American Samoa). Please visit.1 ��//Iilllefii-eatits,coi-ii/idetitificatioti o1 I i 1,1,1 e fi re atits/ for assistance in identifying LFA. ................................................................................................................... U.S.Fish and Wildlife Service Recommended Standard Best Management Practices The U.S. Fish and Wildlife Service (USFWS)recommends the following measures to be incorporated into project planning to avoid or minimize impacts to fish and wildlife resources. Best Management Practices (BMPs)include the incorporation of procedures or materials that may be used to reduce either direct or indirect negative impacts to aquatic habitats that result from project construction-related activities. These BMPs are recommended in addition to, and do not over-ride any terms, conditions, or other recommendations prepared by the USFWS, other federal, state or local agencies. If you have questions concerning these BMPs,please contact the USFWS Aquatic Ecosystems Conservation Program at 808-792-9400. 1. Authorized dredging and filling-related activities that may result in the temporary or permanent loss of aquatic habitats should be designed to avoid indirect,negative impacts to aquatic habitats beyond the planned project area. 2. Dredging/filling in the marine environment should be scheduled to avoid coral spawning and recruitment periods, and sea turtle nesting and hatching periods. Because these periods are variable throughout the Pacific islands,we recommend contacting the relevant local, state, or federal fish and wildlife resource agency for site specific guidance. 3. Turbidity and siltation from project-related work should be minimized and contained within the project area by silt containment devices and curtailing work during flooding or adverse tidal and weather conditions. BMPs should be maintained for the life of the construction period until turbidity and siltation within the project area is stabilized. All project construction-related debris and sediment containment devices should be removed and disposed of at an approved site. 4. All project construction-related materials and equipment(dredges,vessels,backhoes, silt curtains, etc.) to be placed in an aquatic environment should be inspected for pollutants including,but not limited to; marine fouling organisms, grease, oil, etc., and cleaned to remove pollutants prior to use. Project related activities should not result in any debris disposal,non-native species introductions, or attraction of non-native pests to the affected or adjacent aquatic or terrestrial habitats. Implementing both a litter-control plan and a Hazard Analysis and Critical Control Point plan(HACCP—see https://www.fws.gov/policy/A1750fwl.html) can help to prevent attraction and introduction of non-native species. 5. Project construction-related materials (fill,revetment rock,pipe, etc.) should not be stockpiled in, or in close proximity to aquatic habitats and should be protected from erosion(e.g.,with filter fabric, etc.), to prevent materials from being carried into waters by wind,rain, or high surf. 6. Fueling ofproject-related vehicles and equipment should take place away from the aquatic environment and a contingency plan to control petroleum products accidentally spilled during the project should be developed. The plan should be retained on site with the person responsible for compliance with the plan. Absorbent pads and containment booms should be stored on-site to facilitate the clean-up of accidental petroleum releases. 7. All deliberately exposed soil or under-layer materials used in the project near water should be protected from erosion and stabilized as soon as possible with geotextile,filter fabric or native or non-invasive vegetation matting,hydro-seeding, etc. Daryn Arai Land Use Planning Consultant July 29, 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 Change of Zone Application PL-REZ-2022-000018 Applicant: Leonard Cardoza TMK: 3-9-001:023 and 03 1,20'6kala, Mano`waiale`e,North Hilo, Hawaii Thank you for providing the Applicant with comments received from the various reviewing agencies regarding the subject application, to which we provide the following responses for your consideration. U.S. Fish& Wildlife Service (via website https:Hipac.ecosphere.fws.gov/) The U.S. Fish& Wildlife Service provided guidance on those species protected by the Engendered Species Act that are most likely to occur within the vicinity of the project area and recommended conservation measures through early consultation with the Applicant during the site planning process to avoid or minimize adverse effects to these protected species and implement best management practices to minimize and avoid sedimentation and erosion impacts to water quality. According to its Information for Planning and Consultation (iPAC)website, protected species that may occur within the project area include: Mammals 1. Hawaiian hoary bat Birds 1. Hawaiian Goose (Nene) 2. Hawaiian Duck(Koloa) 3. Hawaii Akepa 4. Band-rumped Storm-petrel 5. Hawaiian Petrel 6. Newell's shearwater 7. Hawaiian Coot 8. Hawaiian Stilt — Planning Dept. P.O.BOX 4501,HILO HAWAII 96720 Exhibit 13 PHONE: (808)895-3218 EMAIL:DARYN ARAI@OUTLOOK.COM Mr. Zendo Kern, Planning Director Page 2 of 4 July 29, 2022 Plants 1. `aku`aku 2. Alani 3. Hala Pepe 4. Holei 5. Ihi 6. Nanu 7. Poe 8. Deparia Kaalaana 9. Microlepia Strigosa var. Mauiensis As the project site was used for sugar cane cultivation as well as support facility for `O`6kala Mill, it is not known to contain any critical habitat. There is no `Ohi`a within the project site, thereby eliminated any concerns regarding the spread of the Rapid `Ohi`a Death (ROD)fungus Best management practices were also mentioned as it pertains to minimizing the spread of Little Fire Ants. The Applicant will follow these recommended protocols to minimize adverse impacts upon these protected species and the spread of Little Fire Ants. Office of Planning and Sustainable Development email dated May 19, 2022) The Applicant acknowledges that the Office of Planning and Sustainable Development had no comments on the subject application. Department of Land and Natural Resources-Historic Preservation Division (letter dated June 7, 2022 The Department of Land and Natural Resources concludes that"no historic properties affected' as a result of approval of the proposed request due to aerial imagery confirming that the subject properties have been impacted by past sugar cane cultivation and pasture use, as well as past historic preservation review for Parcel 23 that arrived at the same conclusion. The Historic Preservation Division did express interest in reviewing future permit applications for projects involving ground disturbance or other activities that may affect surface archaeological or architectural historic properties within proposed Lot 1 that contains the 1930s garage associated with the former `O`6kala Sugar Mill. The Applicant will explore mechanisms such as covenants that will provide for historical review prior to any activities involving the future use of this historic garage structure. Mr. Zendo Kern, Planning Director Page 3 of 4 July 29, 2022 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 application. Department of Land and Natural Resources-Land Division (memo dated May 16, 2022) The Applicant acknowledges that the DLNR-Land Division had no comments on the subject application. Department of Land and Natural Resources-Division of Forestry and Wildlife (memo dated June 3, 2022 DOFAW provided guidance on those species protected by the Endangered Species Act that could potentially occur within the vicinity of the project area and recommended conservation measures to avoid or minimize adverse effects to these protected species, which the Applicant will follow during the course of limited earthwork during the subdivision process. Note that due to its past use for sugar cane cultivation, there are very little trees within most of the project site, with the exception of that eastern area within the Alaialoa Gulch, which will not experience any earthmoving or land alteration activities. There is no `Ohi`a within the project site, thereby eliminated any concerns regarding the spread of the Rapid `Ohi`a Death(ROD)fungus. Best management practices were also mentioned as it pertains to minimizing the spread of Little Fire Ants and Coqui frogs. The Applicant will follow these recommended protocols during the development of the subdivision to minimize the spread of these invasive species. Finally, as subdivided lots that will be sold in fee, it will be impossible to restrict and manage the planting of invasive plant species by these individual lot owners. The Applicant will explore the use of covenants that will encourage native plantings rather than invasives. Department of Health (memo dated May 23, 2022) The Applicant acknowledges the Department of Health found "no environmental health concerns with regulatory implications in the submittals." Wastewater disposal for each proposed lot will be accommodated by septic systems compliant with State Department of Health regulations. Mr. Zendo Kern, Planning Director Page 4 of 4 July 29, 2022 Department of Water Supply dated June 16, 2022) The Department of Water Supply (DWS) confirmed water availability to support the proposed 7-lot subdivision from existing 6-inch waterlines located along the Old Mamalahoa Highway. The Applicant will promptly submit the required water commitment payment should the requested RA-la zoning be approved. Department of Environmental Management(memo dated May 17, 2022) Solid waste generated during the development of the proposed subdivision will be transported to the County's Pu`uanahulu landfill in North Kona. Solid waste subsequently generated by individual lot owners will be handled through commercial haulers or disposal into transfer stations located in Honoka`a, about 12 miles north or in Honomu, about 16 miles to the south of the project site. Any green waste generated by land clearing or agricultural activities will be disposed of at the Hilo Organics Facilities. Wastewater disposal for each proposed lot will be accommodated by septic systems compliant with State Department of Health regulations. Office of Housing and Community Development(memo dated June 9, 2022) The Applicant is aware of and will comply with the County's affordable housing requirements prior to the issuance of Final Subdivision Approval for the proposed 7-lot subdivision. Police Department(memo dated May 24, 2022) The Applicant acknowledges the response from the Police Department that it does not anticipate any impact to traffic and/or has any public safety concerns. 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, 4 DARYN ARAI Land Use Planning Consultant copy via email: Mr. Leonard Cardoza, Applicant Mr. Sidney Fuke, Planning Consultant Daryn Arai Land Use Planning Consultant August 18, 2022 Mr. Zendo Kern, Planning Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, HI 96720 Dear Director Kern: Subject: Response to Department of Public Works' comments regarding Change of Zone Application PL-REZ-2022-000018 Applicant: Leonard Cardoza TMK: 3-9-001:023 and 031, `O`6kala, Mano`waiale`e,North Hilo, Hawaii Thank you for providing the Applicant with a copy of a memo from the Department of Public Works (DPW) dated August 15, 2022, providing comments on the above-described application. In response, the Applicant offers the following for your consideration. As recommended, the development of the proposed 7-lot subdivision will be coordinated with DPW to ensure that all development-generated runoff be disposed of on-site and not directed toward any adjacent properties. The Applicant will prepare a drainage study and the recommended drainage system will be constructed meeting the approval of DPW. The Applicant acknowledges that the subject properties are located within an area designated as Zone X (outside of the 500-year floodplain)by the Federal Emergency Management Agency (FEMA). The Applicant will coordinate with DPW to ensure that all earthwork and grading conform to Hawai`i County Code (HCC) Chapter 10, Erosion and Sediment Control. Any required improvements within the Old Mamalahoa Highway fronting the project site directly associated with its connection with the proposed subdivision roadway will comply with HCC, Chapter 22, County Streets. The Applicant does object to the DPW's recommendation that improvements be provided to the entire Old Mamalahoa Highway frontage with the project site consisting of, but not limited to, paved shoulders, bikelanes and swales, drainage improvements, signs and markings, streetlights, any necessary safety devices (i.e. guardrails) and any relocation of utilities, meeting the requirements of the Americans with Disabilities Act and the approval of the Department of Public Works. Planning Depi. P.O.BOX 4501,HILO HAWAII 96720 Exhibit --14 PHONE: (808)895-3218 EMAIL:DARYN ARAI@OUTLOOK.COM Mr. Zendo Kern, Planning Director County of Hawaii Planning Department Page 2 of 4 August 18, 2022 We feel that these recommended improvements to an existing County-maintained roadway is excessive given the overall scope of the project that is limited to a 7-lot subdivision. Our objections and concerns are for the following reasons: 1. In order to provide the requested shoulder improvements, we anticipated that the existing utility poles must be relocated in order to remove these vertical obstructions caused by any pavement widening. Based on the location of existing fence lines bordering the project site, it appears that about 5 utility poles must be relocated. 2. For unknown reasons, these 5 existing utility poles were placed adjacent to the paved travelway and not along the end of the right-of-way, as shown in the image below. To require the Applicant to relocate these utility poles that have existed in this location for over 60 years is unreasonable. 3. These utility poles appear to be one of the main transmission corridors providing electrical and telecommunication services into this section of`O`okala town. The cost to relocate the utility poles and all associated electrical and telecommunication services are anticipated to be extremely expensive. 4. DPW is recommending that the shoulders of the Old Mamalahoa Highway directly fronting the project site be paved and incorporate a bike lane for a distance of approximately 1,100 lineal feet. From the edge of the existing travelway to the edge of the right-of-way is approximately 12 feet. The extent of this paving will likely require expensive drainage improvements. There are no bike lanes throughout `O`okala. 5. The Applicant is not aware of any future road widening along this section of the Old Mamalahoa Highway, but if such a widening is recommended, then it will further exacerbate the concerns as noted above. 6. It is disproportional to place such extensive roadway improvements upon a small 7-lot subdivision that will not require any off-site roadway improvements to accommodate the 7 peak-hour vehicular trips generated by this project. 7. There is an existing streetlight on an existing utility pole at the proposed project access point with the Old Mamalahoa Highway. If an additional street light is needed on this existing utility pole, along with traffic control devices as may be required by the Traffic Division, the Applicant agrees to provide it. Mr. Zendo Kern, Planning Director County of Hawaii Planning Department Page 3 of 4 August 18, 2022 8. As with other similar rezoning applications, the "fair share" imposition of approximately $6,700 or more per proposed lot would be more than fair to address any required improvements to existing local street conditions not directly caused by the proposed 7-lot subdivision, such as the paving of the existing un-paved shoulder, the installation of bike lanes, and the relocation of utility poles. The payment of the project's "fair share" of local roadway improvements would be therefore be proportional to the overall small scope of this project to address desired shoulder improvements which do not have a direct nexus to any impacts generated by this project. The Applicant respectfully requests the Planning Director and Windward Planning Commission to not impose any additional roadway improvements to the Old Mamalahoa Highway for the reasons expressed above, with the exception of those necessary improvements to accommodate its proposed intersection with the subdivision access road, which currently exists. 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. Leonard Cardoza, Applicant Mr. Sidney Fuke, Planning Consultant Mr. Zendo Kern, Planning Director County of Hawaii Planning Department Page 4 of 4 August 18, 2022 hEWMEII YA .4ti4 t+ J � a Looking west(Hamakua direction) along Old Mamalahoa Highway.