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HomeMy WebLinkAboutPD Background Report (PL-SMA-2022-000024) BSirlinSMA AJR 2/27/2023 COUNTY OF HAWAI`I PLANNING DEPARTMENT BACKGROUND REPORT FRANK SIRLIN SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION (PL-SMA-2022-000024) FRANK SIRLIN has submitted an application for a Special Management Area (SMA) Use Permit to demolish an existing single-family dwelling and accessory building and construct a two-story, 3,023-square foot, 4-bedroom, 5.5-bath single-family residence and related improvements which include two (2) two-car garages, an in-ground swimming pool, spa, and lanais on 0.38 acres of land situated within the SMA. The subject property is located at 69-1882 Puak6 Beach Drive, on the makai side of the road approximately 1.75 miles southwest along Puak6 Beach Drive from the Puak6 Boat Ramp, por. of Puak6 Beach Lots, Lalamilo, South Kohala District, Hawaii, TMK: (3) 6-9-006:025. PROPOSED DEVELOPMENT 1. Request: Frank Sirlin seeks a SMA Use Permit to demolish an existing single-family dwelling and accessory building and construct a new single-family dwelling, swimming pool/spa and associated improvements on a 16,401-square foot parcel of land located on the makai (seaward) side of Puak6 Beach Drive within the Special Management Area (SMA) on the Island of Hawaii. According to Real Property Tax records, the existing dwelling was constructed prior to the establishment of SMA law, in 1961 under Building Permit No. 18661. The existing house contains 1,552 square feet (sf) of living area, and 1,329 sf of accessory space for a total of 2,881 sf and contains one (1) bedroom and two (2) bathrooms. When the dwelling was constructed, the property was subject to a 20-foot shoreline setback, however, the current shoreline setback is 40 feet and as such portions of the existing structure are within the shoreline setback area. Due to the age of the existing dwelling, and its limited size, the applicant is proposing to demolish the existing dwelling and replace it with a new single family dwelling set outside the minimum 40- foot shoreline setback area. The two-story home would have 3,023 sf of living area and 1,952 sf of accessory area for a total of 4,975 sf, with four (4) bedrooms and five and a -1- half(5.5) baths, two (2) two-car garages and covered lanai. Additionally, the Applicant is proposing to construct an in-ground swimming pool/spa on the makai side of the parcel up to the 40-foot shoreline setback line. The home will be powered by existing electric service, with potable water provided by a Department of Water Supply (DWS) existing water meter. The existing septic system will be closed and replaced with a Department of Health (DOH) approved aerobic advanced wastewater treatment unit. The project also seeks to restore and reuse as much of the existing building material as possible. The existing dwelling is a cedar house kit which will be disassembled, separated, and protected for reuse off site. 2. Project Objectives: The purpose of the project is to construct a single-family residence on the subject parcel for personal use. 3. Cost/Time of Project: The current estimated cost of the improvements is $975,000. The project would initiate after completion of the final design and the granting of all necessary permits. Demolition and construction are anticipated to take approximately nine (9) months. 4. Supportive Information: The applicant has submitted the attached in support of the request: (Planning Department Exhibit 1 — SMA Use Permit Application dated October 26, 2022) 5. Landowner: Frank Sirlin. BACKGROUND INFORMATION 6. Special Management Area (SMA): On March 28, 2011, in order to deal with immediate hazards within the adjacent County Right-of-Way (ROW) the Planning Director issued Special Management Area Minor Use Permit SMM-12-000222 for the repair of walls along the makai parcel boundary and adjacent public shoreline access. Additionally, the Leeward Planning Commission, at its public hearing on May 17, 2012, approved Shoreline Setback Variance (SSV-12-000008) for the portion of the wall repair project that occurred within the shoreline setback area. That project has been completed and no work is proposed on the existing walls. 7. Chapter 343, HRS: Pursuant to Hawaii Revised Statutes (HRS) Ch. 343-5, the proposed activities (demolition) within the shoreline setback area constitute a trigger for -2- an environmental assessment (EA). However, in accordance with Hawaii Administrative Rules (HAR) Ch. 11-200.1-15(C)(6) the demolition ofstructures, except those structures that are listed on the national register or Hawaii Register of Historic Places is considered an exempt action from the preparation of an EA. Therefore, no EA is required. STATE AND COUNTY PLANS 8. State Land Use Designation: Urban 9. General Plan LUPAG MAP: Low Density Urban (ldu) 10. County Zoning: Single-Family Residential 10,000 sf(RS-10) 11. South Kohala Community Development Plan (SKCDP): The South Kohala Community Development Plan was adopted by the Hawaii County Council by Ordinance No. 08-159 on November 20, 2008. 12. Special Management Area (SMA): The project is located within the Special Management Area and therefore, the proposed development is subject to SMA review. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 13. Subject Property: The property consists of approximately 16,401 sf and is located on the makai side of Puak6 Beach Drive. The property is rectangular in shape and currently contains a single-family dwelling. The property is bounded on the north, east and west by concrete-rubble-masonry (CRM) walls, including along the shoreline as a seawall, and along the County public shoreline access path located on the north side of the parcel. Vegetation on the property includes areca palm, coconut palm, bougainvillea, autograph tree, and ironwood. The property has little discernable slope and sits approximately five (5)to seven (7) feet above sea level. 14. Surrounding Land Zoning/Uses: The surrounding area is primarily urban and residential, with most of the parcels developed with single family residential structures and related improvements within the RS-10 zoning designation. Immediately makai of the subject parcel is a State-owned and Open-zoned 50.5-acre parcel along the shoreline. The rocky coastline consists of small white sand beaches and tidal pools. Due to erosion along this shoreline the State-owned parcel has significantly eroded makai of the subject parcel. -3- 15. Soil Type: Soil on the subject parcel is made up of 70% pahoehoe lava flows and 30% Mholo soil. This soil complex has 2-20% slopes, is well drained, and is very high runoff potential. 16. Land Study Bureau's Detailed Land Classification System: The project site is listed as "E" (Very Poor). 17. Agricultural Lands of Importance to the State of Hawaii (ALISH) System: The project site is listed as "unclassified" ("0") on the ALISH Map. 18. Flood Insurance Rate Map (FIRM): The property is predominately within Flood Zone AE (the base floodplain where base flood elevations are provided), while a small portion of the shoreline is located within Flood Zone VE (coastal areas with a 1% or greater chance of flooding and an additional hazard associated with storm waves). Additionally, the property is in the tsunami evacuation area. During evacuation, occupants of the proposed house would use Puak6 Beach Drive to evacuate. 19. Flora/Fauna Resources: No biotic surveys were conducted for the subject parcel; however, the applicant does not believe that the site contains any rare or endangered floral and faunal resources. The parcel has been developed and maintained for residential use for over 60 years and no such species have been noted on the subject parcel during that time. Site vegetation consists of palms, ironwood, and other common, non-native landscape plants. The site is not known to be a habitat for any rare or endangered wildlife other than could be found along the shoreline outside of the parcel boundaries. The residential nature of the surrounding areas would make it less likely to find other protected and endangered species. 20. Archaeological Resources: Based on the long development history of the subject parcel it is highly unlikely that any historic sites would be found on the property. In conformance with review criteria the project was submitted to the State Historic Preservation Division (SHPD) for a HRS, Ch. 6E-42 review. According to a letter dated December 20, 2022, SHPD states that a review of SHPD records indicate that there are no known archeological sites or land commission awards within this project area SHPD records also indicate that no archeological inventory has been conducted. The project area has been previously disturbed by grading for the existing residential development. -4- Based on current information, the SHPD has no objections to the issuance of the SMA for the proposed project(Planning Department Exhibit 2—December 20,2022,Letter). 21. Cultural/Historic Resources: The subject parcel is adjacent to an established public shoreline access trail, and the proposed project will not alter, or impact the access or its use. It is not known whether the subject site or immediately surrounding area was ever used for gathering of plants or other materials by native Hawaiians. Given the long history of residential development of the area, it would appear very unlikely that the site would contain any useful materials. In the event documented claims of gathering or access are made of this site the applicant will honor them. 22. Recreational Resources: The subject parcel is located adjacent to the shoreline. Recreational activities such as fishing, swimming, and surfing are conducted in this area. Access to the shoreline is via the adjacent access path, or from walking along the lateral shoreline access. 23. Scenic and Open Space Resources: On the roadway (Puak6 Beach Drive) fronting the subject parcel there are no ocean views on the approaches from the south or north. Open space resources include access to the shoreline which is accommodated by the existing County shoreline right-of-way located directly north of the subject parcel. Impacts to scenic resources are not anticipated since the proposed home would replace a single- family residence that has existed for over 60 years. 24. Public Access: There is an existing 15-foot-wide pedestrian shoreline public access ROW located adjacent to the property to the north. This access will remain unaffected by the project both during construction and after completion of the project. The access is maintained by the County. PUBLIC UTILITIES AND SERVICES 25. Access: The property is accessed via Puak6 Beach Drive, a County owned and maintained roadway. 26. Water: According to the DWS the subject parcel is currently served by one (1) existing 5/8-inch meter(Account No. 840-22810, allotted one (1) equivalent unit of water). 27. Wastewater: The existing single-family dwelling on the property currently utilizes a septic tank for wastewater disposal, which was constructed and permitted in 1990. The -5- existing septic tank will be closed and replaced with a Department of Health approved aerobic advanced wastewater treatment unit. 28. Other Essential Utilities and Services: All other utilities, including electrical, telephone, and cable services are available to the site. AGENCIES' COMMENTS 29. State Department of Health: (Planning Department Exhibit 3 — December 21, 2022, Memo). 30. Department of Environmental Management — Solid Waste/Wastewater: (Planning Department Exhibit 4 —December 21,2022, Memo). 31. Department of Land and Natural Resources — Division of Forestry and Wildlife: (Planning Department Exhibit 5 -January 23,2023,Memo). 32. Department of Land and Natural Resources — Engineering: (Planning Department Exhibit 6 -January 11,2023,Memo). 33. Department of Water Supply (DWS): (Planning Department Exhibit 7 — December 29,2022,Memo). 34. State Office of Planning and Sustainable Development: (Planning Department Exhibit 8—January 23,2023,Letter). AGENCIES -NO COMMENT 35. County of Hawaii Police Department; Hawaii Fire Department. Department of Land and Natural Resources (DLNR) Office of Conservation and Coastal Lands; DLNR Land Division. AGENCIES -NO RESPONSE 36. Department of Public Works-Engineering Division; Puak6 Community Association. PUBLIC COMMENTS 37. The Department has not received any comments or objections from the general public or adjacent landowners on the subject application. -6- Zoho Sign Document ID:XENOOFDVRHEGKZBJIOZERRS8R37C2APY89CJUHZEQXK SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Frank Sirlin APPLICANT'S SIGNATURE: DATE: Oct 262022 23:20 ADDRESS: 69-1882 Puako Beach Drive Kamuela HI 96743 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 604-813-5440 (Res.) (Fax) LANDOWNER(S): Frank Sirlin LANDOWNER SIGNATURE(S): DATE: Oct 26 2022 23:20 PDT (May be by letter) LANDOWNER(S) ADDRESS:6215 McCleery St, Vancouver, BC V6N 1G3, Canada REQUEST:To demolish an existing single-family dwelling and accessory building and construct a new single-family dwelling, swimming pool/spa and associated improvements TAX MAP KEY: (3) 6-9-006: 025 ZONING: RS-10 SIZE OF PROPERTY OR AFFECTED AREA(S): 16,401 sf AGENT: Land Planning Hawaii LLC ADDRESS: 194 Wiwoole St Hilo HI 96720 TELEPHONE:(Bus.)_ 808-333-3393 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Agent COPIES: Applicant Planning Dept. Exhibits_-- 1 Generated on Oct 27,2022 16:11 PDT Certificate of Completion Summary DocumentlD : XENOOFDVRHEGKZBJIOZERRS8R37C2APY89CJUHZEQXK Document Name : Sirlin-SMA Use Permit-Major Application Sent by : Kim Chiodo<kim@landplanninghawaii.com> Organization : Land Planning Hawaii LLC 194 Wiwoo l e St.,H i lo,H I,U n i ted States 96720 Sent on : Oct 25,2022 17:54 PDT Signers Completed on : Oct 26,2022 23:20 PDT Receives a copy Sign order : Random Approvers No.of documents : 2 Recipients x Frank Sirlin Signature Signer frank@bulldogbag.com Emailed on : Oct 25,2022 17:54 PDT Accessed from : 96.49.216.219 Viewed on : Oct 26,2022 23:13 PDT Device used : Web Signed on : Oct 26,2022 23:20 PDT Authentication type : None Generated on Oct 27,2022 16:11 PDT Certificate of Completion Summary DocumentlD : XENOOFDVRHEGKZBJIOZERRS8R37C2APY89CJUHZEQXK Document Name : Sirlin-SMA Use Permit-Major Application Sent by : Kim Chiodo<kim@landplanninghawaii.com> Organization : Land Planning Hawaii LLC 194 Wiwoo l e St.,H i lo,H I,U n i ted States 96720 Sent on : Oct 25,2022 17:54 PDT Signers Completed on : Oct 26,2022 23:20 PDT Receives a copy Sign order : Random Approvers No.of documents : 2 Recipients x Frank Sirlin Signature Signer frank@bulldogbag.com Emailed on : Oct 25,2022 17:54 PDT Accessed from : 96.49.216.219 Viewed on : Oct 26,2022 23:13 PDT Device used : Web Signed on : Oct 26,2022 23:20 PDT Authentication type : None SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION FRANK SIRLIN PUAKO, SOUTH KOHALA, HAWAI`I TMK(3) 6-9-006: 025 Table of Contents I. BACKGROUND INFORMATION ..........................................................................4 A. EIS ...........................................................................................................................4 B. Project Description, Objectives, and Reasons ........................................................4 C. Property Description .............................................................................................15 D. Project Valuation ..................................................................................................15 E. State/County Plans Affecting Request ..................................................................15 StateLand Use ..........................................................................................15 DLNR Conservation District ....................................................................15 County General Plan .................................................................................17 Kohala Community Development Plan.....................................................19 F. Special Management Area& HRS 205A Guidelines Discussion ........................20 HRS 205A-2 Objectives ...........................................................................20 HRS205A-2 Policies.................................................................................22 G. Surrounding Zoning and Land Uses .....................................................................28 H. Flood Insurance Rate Map.....................................................................................28 I. Archaeological Resources......................................................................................30 J. Floral and Faunal Resources .................................................................................30 K. Valued Cultural Resources ...................................................................................30 L. Public Access.........................................................................................................31 M. Description of Access............................................................................................31 N. Traffic Impacts ......................................................................................................31 O. Availability of Utilities .........................................................................................31 P. Potential Areas of Concern....................................................................................32 II. ANTICIPATED IMPACTS .....................................................................................32 A. Environmental Setting ...........................................................................................32 B. Relationship to Land Use Plans and Policies.........................................................34 C. Probable Environmental Impact ............................................................................34 D. Unavoidable Adverse Environmental Effects........................................................34 E. Alternatives to Proposed Action ...........................................................................34 F. Irreversible and Irretrievable Commitment of Resources .....................................35 2 List of Figures Figure1: Location Map ...................................................................................................................5 Figure 2: Existing Structure, Demolition Plan and New Footprint .................................................6 Figure3: New Site Plan ..................................................................................................................7 Figure4: Floor Plan ........................................................................................................................8 Figure 5: Elevation Comparison .....................................................................................................9 Figure 6: 1998 Certified Shoreline Survey....................................................................................I I Figure 7: Photo of Seawall Looking Southeast .............................................................................12 Figure 8: Photo of Seawall Looking North....................................................................................13 Figure 9: Photo of Seawall Looking East......................................................................................14 Figure10: LUPAG Map ...............................................................................................................16 Figure11: FIRM Map ...................................................................................................................29 List of Exhibits Exhibit A: Wes Thomas & Associates Statement Affirming Condition of Seawall Exhibit B: Existing Septic Tank Final Inspection Report 3 I. BACKGROUND INFORMATION A. EIS The proposed project was evaluated with respect to Hawaii Revised Statutes Chapter 343-5 and no triggers were identified. Therefore, further environmental review should not be required beyond what is detailed in this report. B. Project Description, Objectives and Reasons Frank Sirlin ("applicant") is requesting a Special Management Area Use Permit to demolish an existing single-family dwelling and accessory building and construct a new single-family dwelling, swimming pool/spa and associated improvements on a 16,401 square foot parcel of land located within a Special Management Area (SMA). The subject property is identified by TMK: (3) 6-9-006: 025 and is located on the makai side of Puak6 Beach Drive, approximately 1.75 miles southwest along Puak6 Beach Drive from the Puak6 Boat Ramp (Figure 1). According to Real Property Tax records, the existing dwelling on the property was originally constructed in 1961 under Building Permit No. 18661. Subsequent building permits were issued in 1975 for renovations and the construction of a new guest room addition. The house currently contains 1,552 square feet of living area and 1,329 square feet of accessory area for a total of 2,881 square feet and contains one (1)bedroom and two (2)bathrooms. At the time the existing improvements were constructed, the property was subject to a 20-foot shoreline setback. Recent changes in State law now require a 40- foot shoreline setback. Thus, portions of the existing dwelling are located within the current 40-foot shoreline setback area. As the dwelling was originally constructed more than 60 years ago, it now requires significant repairs and maintenance. Additionally, the existing one (1)bedroom dwelling does not accommodate the applicant's family. Thus, the applicant proposes to demolish the existing dwelling and replace it with a new single- family dwelling. The single-story portion of the existing dwelling was built as a cedar kit home manufactured by the Pan Abode company. To the maximum extent possible the applicant intends to reuse and repurpose materials from the original home, reusing koa pieces and offering the cedar kit home to someone who would like to relocate it to their own property. The existing dwelling, proposed demolition plan, and new footprint can be seen in Figure 2. The construction of a new 2-story single-family dwelling is proposed to contain 3,023 square feet of living area and 1,952 square feet of accessory area for a total of 4,975 square feet and containing four(4)bedrooms, five and a half(5.5)bathrooms and two (2) 2-car garages. Additionally, the applicant would like to install an in-ground swimming pool/spa on the property. A site plan, floor plans, and an elevation comparison are provided in Figures 3-5. 4 6 9 06 Subject Property A . .., /' 0.�3� f vH r�,cwt i ram!°•I� p AT o/ r A.- •,,,.r,.,� '•S PO `' Hrs!o Yam. �Ooj pe 4 1 arY / s °PIANO ja5 49 aeY° `�B � •• �O°��u"°O r..� O BFWear/•rA"n 'tll 4 a "^I- rd•��� a t } _ 1 G _� L ;:� FA�rrr✓4 � � q�a�pr I�/ `q�° e��e��. �� f � ` n`•� / \/�I' O v„+a g. :•a° M.'s`:, ery_'' $ PUAKO ®�"� NM�,'wie Po g 8µ° o°g• fey=?�ie�6 3. �°,°, �/ .�• n„N� .°m�J Arne/ MIG. r yaeo f3O ° �oa..o° wf rgoeo o✓/ 4 io°'� ,� © rnX!�r, .f^^' .dd-.e sa:){ a`a,o°°f 38 ,l7 ro°•�^ ., i 7,,o x+n°,d✓�' `.k Y 8 at °' o ie.�� r 49 P5fl9 46,0 •�� °•plf�9ns5i y\-4-au `��ro+ 0 9Art4�?.a a,9�14jjI utG 4514)a 271rso°../e. B4AY 114/5_ 2! 30 r°sn:�.n va:,,• rv,r re 9EPM1Y 6195Y — reye...a Zi FEB39;9) .rr_ 19T5 _ Jtlt 10'�'�!O crce/s br�rre.i:s, A;I of = IV-7-1SnTART OF TxF T.x coMw,lss i tf�wdr P°TAXATION MAPS fi11REA11 ox W 4''. un/ess oiherrvise no{.d rETAXvMAP OF pI ! DIVISION POR. PUAKO BEACH LOTS, LALAMILO, S. KOHALA, HAWAII (F.,—/y 6-9-0/) SUBJECT 7O CHANGE C11TAIIING SCALE I _.IOO FT Figure 1 BY REVISIONS Z� Z� Z� Z� ZA RD F�GB OF LINB FOLLOWS SBAW� 1 SHORB SBP� �L 1 pRppBRTY LINB BXISTING I I EXISTING HOUSE/DETACHED BEDROOMS I TO BE DEMOLISHED DOWN TO THE GROUND � rn (SHONN HATIGHED) z 1 I rn > YARD z 1 I I BTBpGK LINB > BUILDING 5 40'-0" GOUN� RBAR INB � � � I i SHO�B�5B_GK� I I a a X15TIN6 DBTAC HF- BBDROOM BX)STING 1 O J T D4T4 I LANP�I I DEMO FOR: I OWNER: S I RL I N,FRANK 1 ks) MAILING ADDRESS: II O U 15631 VULCAN WAY Ic I RI GHMOND BG 1/6,/ I K4 GANADA II >=XISTING HOUSB I�N I1 � SITE ADDRESS: 6q-1882 PUA KO BEACH DRIVE II KAMUE A HI g6-743 Urn L I � — TAX MAP KEY: II TAX MAP KEY: 6-Q-006: 025 NEW ATTACHED BEDROOM WINO/GOVERED I a 1 � JURISDICTION: LANAI SHOWN DASHED SEE SHEET OTOI I — — — — — 1LU ZONHN WAII COUNTY, HAWAII FOR MORE INFORMATION -I I JI I � � LU RESIDENTIAL (R5-10) v I I I Z OL PROPOSED USE: �I Icn I LU SINGLE FAMILY DWELLING I I rn FLOOD ZONE: I I A 1_0 — ZONE "AE/\/E" n O CODE COMPLIANCE: I I I P®RT I RC .200(o n p I I BXISTING PAR IBC 2018 J 1117- II UFO 2014 �I rn 1 NEC 20I"1 I EGG 2018 p — — — — — rn FLOOR LI�/E LOAD: 40 PSF NEW MAIN L I V I NO AREA/GOVERED ROOF LIVE LOAD: 20 P5F }-I w 1 LANAI SHOWN DASHED SEE SHEET OTOI SEISMIC ZONE: D J (� I l FOR MORE INFORMATION (SEISMIC DESIGN CATEGORY) I II I WIND LOADS: 105 MPH (BA51G) WIND 5PEED 110 MPH (EFFECTIVE) HIND SPEED II FOR EXPOSURE GT5 AND CLADDING O' OCCUPANCY: R-3 vI I I CONSTRUCTION TYPE: V-B 1 III I IAREA CALCULATIONS: — — _ —_ _ _ _ _ EXISTING DWELLINO 1,880 SF T I I I I EX15TINO DETACHED BEDROOM 1,001 5F I EXISTING SEPTIC SYSTEM LOCATION I LOT AREA: (0.3�65 ACRES) 16,401 SF TO BE ABANDONED AND/OR REMOVED II I PER STATE $ GOUNTY REOULATION5 LICENSED NEW 2-GAR GARAGE I I 1 and REQUIREMENTS. PROFESSIONAL SHOWN DASHED SEE SHEET OTOI I I I I * ARCHITECT FOR MORE INFORMATION i I I I I L � yq AR 15187P• I I I I I THIS WORK WAS PREPARED BY ME NEW 2-GAR GARAGE OR UNDER MY SUPERVISION and I I 5HOWN DASHED SEE SHEET OTOI CONSTRUCTION OF MY HIS PROJECT TION FOR MORE INFORMATION WILL BE UNDER I — — 2O'-O" COUNTY FRONT YARD BUILDING SETBACK LINE I 4 Signature Expires I I NVTIGANG I MAaVICK & ASSOCIATES I DESIGN PLANNING RE5 DENT AL-XWERG AL — _ 15-221 HUALALAI ROAD KAILUA-KONA,HI. g6740 TELEPHONE:(505) 521-5155 www.Nc i9on9Morvick.com I=UAKO ROAD lu s• o ® O DATE. Oct. 10, 2022 SITE ( EXISTING ) DEMO PLAN and 5r,ALE: 0 Fi'ogure Q Op cn SITE (EX I STI NO) DEMO FLAN $ NEW FOOTPRINT BY REVISIONS LEGEND NOTES Z� T.O.W. =TOP OF WALL F.F. =FINISH FLOOR THE CONTRACTORS SHALL VISIT AND INSPECT THE JOB 51TE AND FAMILIARIZE THEMSELVES WITH 51TE CONDITIONS, AND STUDY THESE DOCUMENTS FULLY BEFORE AGREEING TO WORK ON THE PROJECT. Z� IT 15 THE CONTRACTORS RESPONSIBILITY TO VERIFY ALL JOB SITE MEASUREMENTS AND CONDITIONS FOR CONFORMANCE WITH THESE DOCUMENTS. THEIR AGREEMENT TO WORK ON THE PROJECT CONSTITUTES B.O.W. =BOTTOM OF WALL B.O.T. =BOTTOM OF TROUGH VERIFICATION, THAT THEY HAVE 50 STUDIED THE 51TE AND THESE DOCUMENTS. SHOULD THE CONTRACTOR FIND ANY ERRORS, OMMISIONS OR DISCREPANCIES IN THESE DOCUMENTS WITH RESPECT TO THE SITE T.O.F. =TOP OF FENCE F.S. =FINISH SURFACE OBSERVATIONS OR OTHER PORTIONS OF THESE DOCUMENTS, THE CONTRACTOR SHALL SUBMIT TO THE ARCHITECT ANY SUCH CONDITIONS. THE CONTRACTOR AND THE ARCHITECT SHALL RESOLVE ALL ERRORS, Z� OMISSIONS, DISCREPANCIES AND UNCLEAR AREAS ,WHICH MIGHT ALTER THEIR BID DURING CONSTRUCTION, PRIOR TO COMMENCING THAT PORTION OF THE WORK. T.O.G. =TOP OF CURB G.O. =GLEAN OUT 1. 51TE COMPACTION: 2. ELECTRICAL SERVICE: 5. TERMITE TREATMENT: T.O.S. =TOP OF SLAB Y.D. =YARD DRAIN GOMPAGTION SHALL BE ACGOMPL15HED BY THE USE OF POWER ROLLERS, GENERAL CONTRACTOR and ELECTRICAL 5UB-GONTRATOR ALL LUMBER TO BE TERMITE PROTECTED FOR (5) YEARS A5 Z� E.O.P. =EDGE OF PAVEMENT A.D. =AREA DRAIN MACHINE TAMPERS, OR OTHER; SOIL SHALL BE M015TENED OR ALLOWED SHALL VISIT THE 51TE and REVIEW THE PLANS WITH HELLO WELL AS GROUND UNDER 5TRUGTURE5. PROVIDE CERTIFICATE TO DRY TO THE CORRECT M015TURE CONTENT BEFORE COMPACTION. DO TO DETERMINE THAT HELLO HAS ADEQUATE POWER FOR HOUSE FROM A CERTIFIED PEST CONTROL COMPANY. E.G. =EXISTING GRADE =EXISTING GRADE LINE NOT DEP051T ANY FILL ON EARTH THAT 15 MUDDY. ALL GOMPAGTION SHALL AS DESIGNED ON SERVICE DATA. 4. PLUMBING F.G. =FINISH GRADE =FINISH GRADE LINE BE a5% OF MAXIMUM DENSITY, UNLE55 NOTED OTHERWISE. PLUMBING CONTRACTOR TO PROVIDE ALL CHECK VALVE5 AS REQUIRED. GROUP ALL PLUMBING VENTS and PIPES TOGETHER. RD p p,G OF LINE FOLLOWS 5����` I SHORE LINE I pR®p�RTY EXISTING I I � I z I I z I � w � I z 1 I � Yp�RD x PROJECT 4T4 I I SINGLE FAMILY RESIDENCE FOR: I OWNER: �Ip I S I RL I N,FRANK SET�AGK �IN� I MAILING ADDRF-55: GK LINE SHORB�IN I 51TE VULCAN WAY I RD �UILI�ING S�T�P` J RIGHMOND, BG V6V IK4, GANADA I N� R J s E ADDRESS: 6Q 8 GQU o o s I -182 PUAKO BEACH DRIVE 40 0 0 KAMUELA, HI 016743 - I I TAX MAP KEY: TAX MAP KEY: 6-q-006: 025 J POO JURISDICTION: HAWAII COUNTY, HAWAII ZONING: RESIDENTIAL (R5-10) II I I PROSI�GLED COV�RED FAMILY DWELLING I I FLOOD ZONE: LANAII SP 1 6-0 HIGH FENG ZONE "AE/VE" II I I I of I GODS COMPLIANCE: I I I RG 2006 POOL/SPA EQUIPMENT 1-01 BG 201 a w UPC 2014 I°� I Lu 1 0 I EG NEC, 2017 G 2018 I I z FLOOR LIVE LOAD: 40 P5F -----------------------------------------}--------------------- :_:.:I� z Q ROOF LIVE LOAD: 20 PSF BEDROOIM WING I ;; — ,r SEISMIC ZONE: D I ID I COVERED CIDm I o w WIND(SEISMIC DESIGN CATEGORY) LOADS: 105 MPH (BASIC) WIND SPEED 26 -6 BUILDING HEIGHT I I V 110 MPH (EFFEGTI VE) WIND SPEED 10 -2 I� I l LANAI FOR COMPONENTS AND CLADDING 0 — — II z I 11L iL — O w EXPOSURE G p OCCUPANCY: R-3 _ K CONSTRUCTION TYPE: V-B O I - - I AREA CALCULATIONS: a AG UNIT I oo • LIVING AREAS: ` o ---- - ----- ----- p o0 o MAIN LIVING: 2,063 5F I— — — — I ---- �D BEDROOM WING: a60 5F RESIDENCE OU1�D00 1 TOTAL LIVING AREA: 5,025 SF SH WER I AGGESSORY AREAS: cs�l I o 6 -0 HIGH GRM COVERED LANAI 373 5F II d u u o LAVA WALL COVERED LANAI'S (BEDROOM WING) 520 SF t- o 171 � (2) 2-GAR GARAGES 1,2501 5F ZI I I TOTAL ACCESSORY AREA: 1,952 SF I .. ° 75 SF FOOTPRINT): ° I 20'-0" BUILDING HEIGHT TOTAL AREA UNDER ROOF 4,g 0 ° - LOT AREA: (0.3765 ACRES) 16,401 5F I _ ENTRY ° OUTDO [01 1 R O ONE II J MqR� 6-0" HIGH FENCE LICENSED TRASH I t- 10 _2 I I It ARCHITECT AR 15187 IDI II I 2-CAR GARAGE I I _ to.-2 I 2 CAR GARAGE THIS WORK WAS PREPARED BY ME I o OR UNDER MY SUPERVISION and I I CONSTRUCTION OF THIS PROJECT o AG UNITS WILL BE UNDER MY OBSERVATION. Qj PROPANE TANKS I —� 2O'-0" GOUNON��YARD B ILDINC� sETBAG LINE 4 Signature Expires J \ 0 0 01WEIGANG ELECTRICAL METER/MAIN �� `� DRIVEWAY o 1 PgOFO D INS SYSTEM MAaVICK DRIVEWAY LOCATION DE51ON and `�1NSTAj_,LATION PER STATE &, A%0CRTB -COUNTY REGULATIONS 0 14-6 BUILDING HEIGHT and REQUIREMENTS. PR. 8'-O" WIDE X 1 Dls X 6 O HIGH GATES DESIGN PLANNING ' p�aa GH GATES RE5 DENT AL GOMMERG AL a _ _ _ — — — — PROPERTY LINE 15-221 HUALALAI ROAD — — — — KA I LUA-KONA,H I. 116140 TELEPHONE:(505) 521-5155 www.We i�an�Marvick.com z PUAKO ROAD 6-0" HIGH GRM LAVA WALL Q s. 6-0" HIGH GRM LAVA WALL o SITE PLAN ( NEW) a > w SCALE: I/8"=I'-O" � �� 0 DATE Oct. 10, 2022 oll Fi'ogure Q Op 2 cn TITLE SHEET 4 SITE FLAN V ✓ BY REVISIONS 7c Z� a a 20'-0" POOL OUTDOOR 5HOWER - - - r 20'-0" 36 w y 36" HIGH RAILING" HIGH RAILING I _ 48" HIGH , POOL FENCE HIGH G 6 E A COVERED LANAI OPEN DECK 0 N TAI o I ET DE K o I I COVERED LANAI I -- I _ " 1 WET BAR O I d - -11 �� I I 415 HIGH 3q'-O" la'-O" JED POOL FENCE I _ J -- '-�" w b'-0" HIGH ORM-/z I 13 z o FASCIA LINE 0 0�❑ RECREATION ROOM I LAVA WALL d� � O " HIGH OrD 45" HIGH I aL INAL y I POOL GATE QI --------------------------- ---------- --- - ------- BEAM LINE --- _ - 30 HIGH _- - I 5TONB TOP - CAS I 42 HIGH I � STONE TO � � m GAS FIRE BEDROOM 4 I o � '' ° � PIT I N II MASTER SUITE - -- I I COVERED LANAI _ o _- C I - \ HIGH UG OUTDOOR �V � �-II I N 36 H UG Z. 5HOwER O STONE TOP REFE FREE N 4'-8" �'-10 I/2" 5 I/ 24'-O" - R. I L--- � 36" HIGH v 0 I 5TONE TOP UG O REFER � Q I y,IG LAV - I - O I FA501A LINE HIGH v� P STONE TOP AG UNIT a L__J ++ I W BATH 4 = I FF - — _ B. LA`S z J p a II ° II N Pi'ER GA s - ❑❑ 1 u O FLAT ROOF STRUCTURAL [Y ---J L---J - sa 'L-an) a'-O" HIGH I CONNECTION AT Q- -. I �� DW OBL.5INK SINK DRAWER BATH 5 O I " DETACHED BEDR00 _ r TONE SEA Up 5T IR p `� W/ GD W/ GD MICRO _ GREAT ROOM WALL s Rinnai qqa� s W - ON- EFIAND 00 0 36" HIGH o I KITCHEN - -' —O N cY cC STONE TOP I Q O " [L� l� iU - x -P � lD II - _ - - - DRESSER o 0 � o III-u--IA I O m�� ,.n 0 _ x N I I - I 15 z N �r N T - w I O - "rn - _ _ o _ _ �cC 4-O -----8 ----- t' 3 8 IO Q 3 II o01 4' O" HIGH GR — — — FF 'A L'" z DINING LIVING LAVA WALL OU OOR z - 5H0 R -' UG FREEZ. LINEN - ,_� F MIR F I pr _ E5PRE550 L�tV m m ABOVE O III-u--Ip % IS" DP p UP GAB. FULL � � MASTER BATH � STACK PANTRY `� ° GD/GW GAB. 5HELVE5 m 7'-31/2" UPPER LEVEL FLOOR PLAN24'-0" N10 I6'-q m 36 HIGH ' 5TONE TOP SCALE: 1/4'' = 1 '_0�� LAUNDRY 1/2 BATH oWE _ LLL ....... - WG/ 5 FLOOR O N TAI �n BIDET ± an LL5 u, — I ai as WH WG LA SINK O z O Rinn c� - _- ............... ....................... F MIR 0 N-DEFIAND > 0 Q II -11 12 J ..................................... / - SOLAR BATTERY Q - N E.W.H. . BATH 2 z STORAGE O row, LAv ENTRY - 5TORAGE CENTRAL= 50LA II o WG a z _ -- - - Ca m VACUUM xo O I -� _ BE 2 - TP m 0c , c OUTD00 � SHO R I = -- " FREES TRASH 5HOWER 5T0 FL OR BATH 3 k III r = cp an WA LS -_ U P rn N '"' 36 HIGH P POD POD 3�_a", 4�_111 15'—Q 1/2" STONE TO __ - 6'-0" HIGH GRM I - z 5H0 LAVA WALL — , I and WALLS ��� L A a I STEPS I �. MA LINEN O G fo nP AD, LICENSED O � C/� R G& _ PROFESSIONAL /1 p * ARCHITECT Imo. I -� BEDROOM 3 - - BATH 3 AR 15187 p AR GARAG N -' I I I - - V I _ THIS WORK WAS PREPARED BY ME OR UNDER MY SUPERVISION and v -- - CONSTRUCTION OF THIS PROJECT �- WILL BE UNDER MY OBSERVATION. I - - — - - - TUB/SHWR a -- s. p . ONE 3-WA� 5T LL O ➢C� 4 = z Signature Expires r oLU Q O N�TIGANG FASCIA LINE I I :F toy :D> MARVICK � 4'-0" HIGH GRM & ASSOCIATES LAVA WALL I DESIGN PLANNING _ — 16'-0" 2'-0" 6'-0" 3'-O" I8'-0" 3'-0" RE5 DENT AL-XWERG AL — 104. METER MAIN — — — FA 15G A LINE �?4'-d' \ 10'-0" 24'-0" 75-221 HUALALAI ROAD (VERIFY LOCATION) 3-0 / _ \ \ j > — KAILUA-K®NA,Hl. 16140 I— 15-0 TELEPHONE:(505) 52_1-5155 Lu PROF O ED IW5 SYSTEM o www.Wei9an9MarYick.cOm LOCATION DE516N and IN5TAl L�TION PER STATE 4 COUNTY I and R�GPIR MENTSTIONS 6'-0" HIGH �Gj� 6'-0" HIGH GRM 6'-0" HIGH GRM FENCE Q ��`JCL LAVA WALL PR. V-O" WIDE X 6'-0" HIGH GATES LAVA WALL > 0DATE Oct. 10, 2022 GATES � O _0" WIDE X 6-0 HIGH PR• 8 �O o • a _ �FLOORPLAN igure a Op SCALE: 1/4 - I -0 2 FLOOR PLAN BY REVISIONS I I I I I I I I ,.0 z I I J m Z�- Z� Z� Z� Z� o LU IL vz MAUKA 0 J I m I I � I iN-N--NI 1 " EAST" ELEVATION ( EXISTING ) � 1 I 0 1 < SGALE: 1/4" = 1 I—OII < a a LU LU I � I LU 1 LU II LU1 1LU D— LU LU I I I I III 1 1 LICENSED PROFESSIONAL � ARCHITECT 1 1 AR 15187 LU ti P z_ Q l� p LU THIS WORK WAS PREPARED BY ME OR UNDER MY SUPERVISION and 1 z CONSTRUCTION OF THIS PROJECT N p WILL BE UNDER MY OBSERVATION. ' Signature Expires O WEIGANG - = IMARVICK 0 1 1 & ASSOCIATES 1 DESIGN PLANNING:P ' RBDENfi AL=GOMMERG AL 15-221 HUALALAI ROAD " EAST" KAILUA-KONA,HI. g6140 MAUKA TELEPHONE:(505) 521-5155 www.WeigangMarvick.com lmmmmmmmm- s• J o ® a > O DATE. Oct. 10, 2022 a Fi'ogure Q OF, 2 cn EXTERIOR ELEVATION The proposed project would remove permitted non-conforming structures from the shoreline setback area. All new improvements are proposed outside of the 40-foot shoreline setback area. Thus, this project represents a real-world implementation of shoreline retreat. A shoreline survey of the parcel certified in January 1998 shows that the shoreline follows the seaward face of the existing nonconforming seawall (Figure 6). As such, the applicant requests a waiver from the requirement to submit a new shoreline survey as the existing seawall has fixed the shoreline in place. A statement from Wes Thomas &Associates is provided affirming the condition of the seawall (Exhibit A). See Figure 7-9 for photos of the seawall. This area of Puak6 is primarily developed with single-family residences. The proposed new dwelling and associated improvements will be in keeping with the style and square footage of many of the surrounding homes. As the requested improvements are located entirely within the Special Management Area and the project valuation will exceed $500,000, the applicant is submitting a Special Management Area(Major) Use Permit application for review and approval by the Hawai`i County Planning Department and Leeward Planning Commission. Proiect Obiectives The applicant wishes to demolish the existing dwelling on the subject property and replace it with a new single-family dwelling and associated improvements. The new dwelling will be constructed to current Building Code standards and be in alignment with all County Zoning regulations and recent changes to shoreline setback regulations. The existing dwelling is a cedar house kit, which will be disassembled for reuse off site. The new dwelling will also utilize building material from the old dwelling including koa wood. Project Components The project involves the complete demolition of the existing single-family dwelling on the subject property and the reconstruction of a new single-family dwelling. The proposed new dwelling would reach a maximum height of twenty-six (26) feet on the north end, contain four(4)bedrooms, and five and a half(5.5)bathrooms. It will also include two (2) 2-car garages, a new aerobic advanced wastewater treatment unit to replace an existing septic system, and an in-ground swimming pool/spa. Access to the property will remain from Puak6 Beach Drive, a County owned and maintained roadway. Regarding the Shoreline/Coastal Public Access, there is an established public shoreline pedestrian access point adjacent to the property to the north. This access will remain unaffected by this project. As the subject property has already contained a single-family dwelling for several decades, the site is already served by all required utilities. Additionally, the project would provide economic opportunities by creating short-term construction work associated with building the new dwelling and related infrastructure. 10 ------ t LEGEND SHORELINE CERTIFICATION 7 and map of existing conditions upon Survey Rod at. LOT 2 tJ Puako Beach Lots i AT LALAM .ILO , SOUTH KOHALA , HAWAII , HAWAII � Direction 7 TM K : ( 3 ) 6 - 9 - 06 : 26 Photo Number Found 1-1/2" pipe (R)309.16' LOT 26 <FJ309'12'15" I K Found f t 1-1/2" Ripe 1 (TOP OF r! -- o 155.84 Palm Tree \ fRI309 1 WALL) , 16, `�. 155:78 Found pipe - f it ? ` \z�� , •S 7 e Hed e► 1 0153.39, 8.7 r t t ` \ 153.29 roken up A. Found pipe Misc.Tree t Masonryt 'r �1 ' 5 r 1;47�'r Water Meter t Ra954.93 {{ Fockwall r `~ i i O.Tree Hedg�l\ %-� t --- 5.35�� i� Rubble t t Rock & Coral i > r t t `6.2 , r t t t 6.7 t 1 F LOT .25_ -',� 4 �o� (TOP.OF WALL) r _ r� I r r 5.4 � 116. ,01 Sq..Ft. i CS o r r r t # BASE OF WALL) r r , N N + cfl t r f J r -,' --�.,,, 6 0 r r Masonry{ ' t \ `\ rJ t r.: - _ Jo t'r g p 1 rr JI rockwall#► t Existing �� \\ \ter r/ V.r_fI '-`�`�, a'�. _ {N "� a t Q t 1 j r r f t t t Cabin-House 1 s t t r P i , r r +6.3 (on slab) i + .4 ! r � r 0 i 748' rf r r t f .f r r 1 .r !r 4.6 t t T r 5 (on eck) ,,I r�' ' r O r 1.. t ; t t r + Edge of r r r t t "_ __ } w Pavement rJ w � .'� � cS , t. 7.9` \ - ' r rr �H d rr ��. t t t I r'' t t '� t orr eck) 9. t 1 t 1 c�a ui t t t ,-.e ►r 6.8 ConcMalkwo t -r i i o o o IN tt Wdo +0 G`lc t �! (TOP OF WALL) r-- - ;- .__ g ' rt r r. U' cn N (tOkAv t ground)- \ { r open' t rr Q w N 'r 1718 i t ry t ,00d ode \ rf Carpgrt t\ Dirt Drivewa� rr t t ~f r y d > k r t ! I t r # #t + ♦� , v v t. v%fir! 1 / r v to 0 1t r t r r s t # # t Elevated ` • \� •\ t r ` I LL Q 1 f 1 ! rr ` \ ~ ! H�dge \ a' r t ' t 1,Single Story `\ \ > r ; t t \ �, , +t t 1�- 11 fr jr lrr 1 { i House t t iStairs t� �`° < +4.8 ` . 8.7 r r Brr� # �ps'tt&tt pier)O� (TOP OF Sand\� t 4.7' 1gl'o�fd ands - WALL) ` - r r MovableL Zr, (pane tank` 3 i ='' .o - Tre Hed a °`4•�.,~ i p t Rs954.93 The shoreline as locded and cert'died end 1 Set "PK" nail 9.0 (R&F)123°08'08" 141.25 Guy �l� - ---- -' - --- delineatedin red is h a.4 being on wall - t t X Power Pole 9.0 Masonry Rockwall t t th$ACt11ai a.R Q .r.. i i�1 (TOP OF LOT 24 _ Set rebar & cap tt v WALL) ; : # )I t\ rzt,�x is.,rl� ►"M 1� 8nd fPrepared for: 2 4 W e o n a Sutton 1107 Valtz Rd . A Northbrook , ILL 60062 o�y . . and w ;., ._ Philip White & Associates , LTD Note : 851 P 0 h u k a i n a St . Suite C - 1 . Shoreline follows along ' upper reaches of wash of waves: Honolulu , Hi 96813 - 5327 at the face of th .e existing rockwall as surveyed on October 3 , 1997 : C. M�® }tip The undersigned hereby certifies to the best of his professional knowledge, information and belief,that this map and :... based correctly PRQFES8t0i�AL he survey on which it is bas c r ty /D boundary lines and shoreline •203397 FB1 ! LAND. ows the bounds J06 0'31 p .. .. q G SURVEYOR'. f the property. �. Don McIntosh,Surveyor JV���e- Drawl g*7-8-97 203 49(i8 Drawing 7/8/97.TOP Don McIntosh Consulting _ �'� U� Donald c.Melntasn,L.P.Is. Revised 7/8197 b�g14, - P.O.Box 58,Kailua-Kona,Hawaii 96745-0058` Shoreline info added, 10/4/97 .' r (808)326-7472 Figure 6 N 1) ape' '• _�v°�. arm . 1�C t f VFW Al fw All u w lt ¢'.4ti�r' `lam® '�` f * Figure 7 w t _ .a e , e n M 0 -a - t.. a x 1 '7.-- ..�` ;. _ _ - --"ti +r• ter..,, ��' �" _ r�w� .�i .. _ t�.+' "M� YAP' ��•_^�� $ � � - - _ e ' Figure 9 By demolishing the existing nonconforming dwelling constructed in 1961 and located partially within the current 40-foot shoreline setback and reconstructing a new single- family dwelling with an advanced aerobic wastewater treatment unit and located outside the 40-foot shoreline setback, this project seeks to bring the property and its improvements back into compliance with current SMA, Zoning and Building regulations. C. Property Description The subject property, consisting of 16,401 square feet, is located on the makai side of Puak6 Beach Drive within the Puak6 Beach Lots in Kamuela, South Kohala. It is approximately 1.75 miles west of the Puak6 Boat Ramp. The property is rectangular in shape and currently contains a single-family dwelling. According to Real Property Tax records, the existing dwelling on the property was originally constructed in 1961. Two subsequent building permits were issued to construct additions to the original dwelling which currently contains 1,552 square feet of living area and 1,329 square feet of accessory area for a total of 2,881 square feet and contains one (1)bedroom and two (2) bathrooms. Vegetation on the property includes areca palm(Dypsis lutescens), coconut (Cocos nucifera), bougainvillea(Bougainvillea sp), birds of paradise (Strelitzia sp.), autograph tree (Clusia rosea), and ironwood (Casuarina equisetifolia). The parcel has little discernible slope and sits approximately at five (5) to seven(7) feet above sea level. D. Project Valuation The applicant hopes to secure County SMA Permit approval as soon as possible and begin the Building Permit process immediately thereafter. Demolition and construction are anticipated to take approximately nine (9) months. Cost estimates for the project are approximately $975,000. E. State/County Plans Affecting Request State Land Use The State Land Use Designation of the subject property is Urban. The proposed action to demolish and reconstruct a single-family dwelling and associated improvements is consistent with this designation and will not be contrary to the objectives sought to be accomplished by State Land Use Laws and Regulations. DLNR Conservation District The property is located outside of the Department of Land and Natural Resources Conservation District. 15 LAND USE PATTERN ALLOCATION GUIDE (LUPAG) MAP i Subject Site LUPAG Designation Low Density Urban Address Points Parcels (current boundary lines) Figure 10 Open Street Centerlines The contents of this map were prepared for informational and planning purposes only and may not have been prepared for or be suitable for legal,engineering,or survey purposes. County General Plan The General Plan provides for the long-range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. The County General Plan Land Use Pattern Allocation Guide ("LUPAG") map designates the site as Low Density Urban (Figure 10). This designation is intended for residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses with an allowable overall residential density of up to six units per acre. Thus, the subject request is in keeping with the Low-Density Urban designation of the property. Further, the proposed action will retain the essential character of the land and will be consistent with the surrounding area and with the goals, policies, and standards of the General Plan document. The proposed demolition and reconstruction of one (1) single-family residence and associated improvements would provide temporary employment for local construction workers and would support the economy through the purchase of construction materials from on-island suppliers. This will stimulate and support the general economic stability and development of Hawai'i Island by allowing for local businesses to thrive and gain income from the proposed project. In the long- term, the newly constructed single-family residence will bring in additional property taxes, adding revenues to the County coffers. The project is and will be energy conscious through its use and/or encouragement of solar energy and design features that take advantage of the sun and wind patterns. The proposed development would not provide adverse effects on the environment or the natural resources of the region. The General Plan identifies five (5) areas of environmental concerns - air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not be contrary to any of those objectives. The demolition of the existing single-family residence on the property will be done in accordance with Best Management Practices to ensure that air pollution associated with the demolition remains at a minimum. The existing dwelling is a pan abode house kit, which will be disassembled for reuse. The new dwelling will also utilize building material from the old dwelling including koa wood. There may be a modest increase in vehicular emissions during construction, but otherwise all other air pollution associated with the project should be negligible. Additionally, the long-term traffic generation, and thus vehicular emission, will be limited to the existing typical residential use of the property. The project will involve the closure of an existing septic system and installation of a new aerobic advanced wastewater treatment unit to handle all wastewater generated on site. Installation of the new advanced treatment unit will mitigate potential water quality, coastal ecosystems, and soil impacts due to wastewater. 17 As the project proposes to replace the existing single-family residence with a new single-family residence, the long-term solid waste impact will remain consistent with its current use with little potential for waste management issues or noxious wastes from the continued residential use. If required, a solid waste management plan could be prepared and implemented. There should be little, if any, increase to the ambient noise levels as the proposed request does not increase density nor does it change or affect the permitted use. The activities would remain residential in nature. With regard to flooding, the property is predominantly within Flood Zone AE (areas subject to a 1% annual chance of inundation by a 100-year flood event). A small portion of the shoreline is located within Flood Zone VE (areas subject to a 1% annual chance of inundation by a 100-year flood event with additional hazards associated with storm induced wave action). The proposed new dwelling will be constructed and permitted in accordance with building codes designed for this flood zone. With regard to historic sites, although no commissioned archaeological survey of the site was conducted it is highly unlikely that any historic sites would be found on the property as the parcel has been previously developed for residential use for decades. However, in the event any archaeological or historical features are found during any earth disturbance activity, work will stop within the affected area and appropriate clearances from the State DLNR-SHPD and County Planning Department will be secured before work resumes. If needed, an archaeological monitoring program can be instituted during any land clearing activity. The General Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the site will be developed in a manner that is consistent with the neighboring residences. Impacts to scenic resources are not pronounced since the proposed home would replace a similarly sized home that was built decades ago. As the site is adjacent to the shoreline, there are potential coastal resources issues. However, a pedestrian access easement adjacent to the property ensures access to the coastline is preserved. Additionally, no improvements are proposed within the 40-ft shoreline setback area and this property is outside of the conservation district. In addition, since there is no increase in density or change in permitted use, there will be no significant impact to public utilities or government services and infrastructure. Given the above, the project specifically fulfills the following pertinent land use goals, policies, and standards of the General Plan: 18 • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County • Promote and encourage the rehabilitation and use of urban areas that are serviced by basic community facilities and utilities. • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Encourage urban development within existing zoned areas already served by basic infrastructure, or close to such areas, instead of scattered development. In view of the foregoing goals and policies, it is noted that the requested Special Management Area Permit would not be contrary to the County General Plan. The proposed development will complement the goals, policies, and standards of the Land Use Elements of the General Plan. The proposed new single-family residence and associated improvements will replace the existing single-family residence, thus maintaining the housing inventory for the district. The project will be designed and constructed in conformance with the character of the surrounding neighborhood and will result in an intensity of land use that is no higher than what is permitted by the existing zoning. South Kohala Community Development Plan Section 15.1 of the County General Plan called for the development and eventual County Council adoption of Community Development Plans (CDPs). 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." Pursuant to the above, the South Kohala CDP (SKCPD) was developed and adopted by the County Council in November of 2008 as Ordinance No. 08 159. The subject property is located within the Puako Community as identified in the SKCDP. The requested project aligns with the following policies of the Puako Community Plan as outline in the SKCPD: Puako Policy 1. Manage the effects ofgrowth and development: The County Government shall work closely with the Puako Community to manage the effects of growth and development in a responsible manner. Discussion: The subject project proposes to demolish an aged existing single- family residence and replace it with a new single-family residence and associated improvements that will remain in keeping with the surrounding area. Thus, this request will not result in any change to the area's character or increase in density. Additionally, the proposed new single-family residence will be built in accordance with current County and Building Codes. Thus, this new development 19 will be done in a cohesive and responsible manner and improve upon the overall safety of the property. Puako Policy 3. Environmental Stewardship: The County Government and the Puako Community shall work with other State and Federal agencies to protect and manage the rich coastal and near shore marine environment. Discussion: The proposed project will include upgrading the existing septic system to a Department of Health approved aerobic advanced wastewater treatment unit. This will reduce the potential for wastewater impacts to the environment. F. Special Management Area & HRS 205A Guidelines Discussion HRS 205A-2 Obiectives (1)(A) Provide coastal recreational opportunities accessible to the public. The proposed project will support public coastal recreational opportunities through maintenance of land adjacent to established public shoreline access. Additionally, the project proposes to demolish and remove the existing single- family dwelling which is situated partially within the current-day 40-foot shoreline setback and all new improvements are proposed outside of the shoreline setback area. Thus, the project will not inhibit any coastal recreational opportunities accessible to the public. (2)(A) Protect,preserve, and, where desirable, restore those natural and manmade historic and prehistoric resources in the coastal zone management area that are significant in Hawaiian and American history and culture. There are no known historic or prehistoric resources on the subject property. All new construction will occur outside of the shoreline setback area and public access within the project will be maintained, ensuring safe access to the shoreline. (3)(A) Protect,preserve, and where desirable, restore or improve the quality of coastal scenic and open space resources. The proposed project should not have an impact on the area's scenic and open space resources. The new single-family dwelling will be constructed with a maximum height of twenty-six (26) feet and conform to the character of the neighborhood. The proposed dwelling will be similar in size to the existing dwelling, which was built decades ago. By removing legal non-conforming structures from the 40-foot shoreline setback area, views to and along the shoreline from public access points will be improved and open space near the shoreline will be protected. 20 (4)(A) Protect valuable coastal ecosystems, including reefs, beaches, and coastal dunes, from disruption and minimize adverse impacts on all coastal ecosystems. The proposed development will be constructed in accordance with best management practices to minimize adverse impacts on all coastal ecosystems. Although County sewer is not available to the property, an existing septic system will be closed and replaced with a Department of Health approved aerobic advanced wastewater treatment unit. As such, the project seeks to further minimize any potential coastal water quality impacts. Further, no new construction is proposed within the shoreline setback area. (5)(A) Provide public or private facilities and improvements important to the State's economy in suitable locations. The proposed development would provide temporary employment for local construction workers and would support the local economy through the purchase of local construction materials. Overall, the project would stimulate and support the general economic stability and development of the Puako area. (6)(A) Reduce hazard to life and property from coastal hazards. The subject property lies approximately 5 to 7-feet above sea level and within the tsunami evacuation zone. However, a Civil Defense Siren is directly across the street from the property. Further, an emergency preparedness and response plan can be prepared for the proposed development if required. (7)(A) Improve the development review process, communication, and public participation in the management of coastal resources and hazards. As this is a managing authority related policy, it is not applicable (8)(A) Stimulate public awareness, education, and participation in coastal management. As this is a managing authority related policy, it is not applicable (9)(A) Protect beaches and coastal dunes for: (i) Public use and recreation; (ii) The benefit of coastal ecosystems; and (iii) Use as natural buffers against coastal hazards; and Although the shoreline on the property has already been hardened by an existing legally nonconforming seawall, no new improvements are proposed within the shoreline setback. Vegetation on the property will be maintained and will not encroach onto public access. 21 (9)(B) Coordinate and fund beach management and protection. As this is a managing authority related policy, it is not applicable (10)(A) Promote the protection, use, and development of marine and coastal resources to assure their sustainability. The proposed project will strictly follow demolition and construction Best Management Practices, control stormwater runoff, and wastewater management to prevent impact to coastal resources from point and nonpoint pollution sources. No development is proposed within the 40-foot shoreline setback and public access will remain open and unaffected. HRS 205A-2 Policies (1)(A) Improve coordination and funding of coastal recreational planning and management. As this is a managing authority related policy, it is not applicable. (1)(B) Provide adequate, accessible, and diverse recreational opportunities in the coastal zone management area by: (i) Protecting coastal resources uniquely suited for recreational activities that cannot be provided in other areas; (ii) Requiring restoration of coastal resources that have significant recreational and ecosystem value, including but not limited to coral reefs, surfing sites, fishponds, sand beaches, and coastal dunes, when these resources will be unavoidably damaged by development; or requiring monetary compensation to the State for recreation when restoration is not feasible or desirable; (iii) Providing and managing adequate public access, consistent with conservation of natural resources, to and along shorelines with recreational value; (iv) Providing an adequate supply of shoreline parks and other recreational facilities suitable for public recreation; (v) Ensuring public recreational uses of county, state, and federally owned or controlled shoreline lands and waters having recreational value consistent with public safety standards and conservation of natural resources; (vi) Adopting water quality standards and regulating point and nonpoint sources of pollution to protect, and where feasible, restore the recreational value of coastal waters; (vii) Developing new shoreline recreational opportunities, where appropriate, such as artificial lagoons, artificial beaches, and artificial reefs for surfing and fishing; and (viii) Encouraging reasonable dedication of shoreline areas with recreational value for public use as part of discretionary approvals or permits by the land use commission, board of land and natural resources, and county authorities; and crediting that dedication against the requirements of section 46-6; 22 The recreational resources policies pertain to improving coordination and funding of coastal recreational planning and management and providing adequate, accessible, and diverse recreational opportunities in the coastal zone management area. As these are managing authority related policies, they are not applicable to this application. However, stewardship of the property will help prevent overgrowth of vegetation from encroaching onto adjacent public access. (2)(A) Identify and analyze significant archaeological resources; (2)(B) Maximize information retention through preservation of remains and artifacts or salvage operations; and (2)(C) Support state goals for protection, restoration, interpretation, and display of historic resources; The historic resource policies pertain to identifying, analyzing, preserving, and protecting historic resources. As there appear to be no historic sites on the property, this policy does not apply. However, in the event any undiscovered historical, archaeological, or cultural resources are identified on the property, work will cease in the immediate area and the Department of Land and Natural Resources, State Historic Preservation Division will be contacted for appropriate action. (3)(A) Identify valued scenic resources in the coastal zone management area; (3)(B) Ensure that new developments are compatible with their visual environment by designing and locating those developments to minimize the alteration of natural landforms and existing public views to and along the shoreline; (3)(C) Preserve, maintain, and, where desirable, improve and restore shoreline open space and scenic resources; and (3)(D) Encourage those developments that are not coastal dependent to locate in inland areas; The proposed new single-family dwelling will be built to replace the existing single-family dwelling and will remain compatible with the visual environment of the neighborhood which consists of many 2-story single-family dwellings. Views from nearby properties and roads will not change significantly. Again, no new development is proposed within the shoreline setback area and so the shoreline open space will be preserved. Stewardship of the property will help prevent overgrowth of vegetation from encroaching onto adjacent public access, and shoreline open space. (4)(A) Exercise an overall conservation ethic, and practice stewardship in the protection, use, and development of marine and coastal resources; Relative to coastal ecosystems, there should be little, if any, adverse impacts. As noted earlier, the development proposed to close the existing septic system on the property and utilize a new Department of Health approved advanced aerobic 23 wastewater treatment unit. As such there will be minimal coastal water quality impacts, if any. Further, by utilizing a previously disturbed site, potential adverse impacts to natural landscapes and ecosystems on alternative locations are avoided. The existing dwelling is a pan abode house kit, which will be disassembled for reuse. The new dwelling will also utilize building material from the old dwelling including koa wood. (4)(B) Improve the technical basis for natural resource management; As this is a managing authority related policy, it is not applicable. (4)(C) Preserve valuable coastal ecosystems of significant biological or economic importance, including reefs, beaches, and dunes; No development is proposed within the 40-foot shoreline setback, which will protect sensitive biological ecosystems including reefs, beaches, and dunes. The proposed advanced wastewater treatment unit will significantly minimize the possibility of impacts to water quality from wastewater. (4)(D) Minimize disruption or degradation of coastal water ecosystems by effective regulation of stream diversions, channelization, and similar land and water uses, recognizing competing water needs; and The planned development proposes no stream diversions, channelization or similar drainage or water use components. (4)(E) Promote water quantity and quality planning and management practices that reflect the tolerance of fresh water and marine ecosystems and maintain and enhance water quality through the development and implementation of point and nonpoint source water pollution control measures; Demolition and construction Best Management Practices will prevent stormwater runoff from impacting water quality and will further mitigate any coastal ecosystem impacts from point and nonpoint source water pollution. (5)(A) Concentrate coastal dependent development in appropriate areas; As this is a managing authority related policy, it is not applicable. (5)(B) Ensure that coastal dependent development and coastal related development are located, designed, and constructed to minimize exposure to coastal hazards and adverse social, visual, and environmental impacts in the coastal zone management area; and The proposed project is planned, with appropriate mitigation measures, to minimize potential adverse social, visual, and environmental impacts. Any effect that may result will be minimized to the extent practicable and is clearly 24 outweighed by public health, safety and welfare, and other compelling public interest. (5)(C) Direct the location and expansion of coastal development to areas designated and used for that development and permit reasonable long-term growth at those areas, and permit coastal development outside of designated areas when: (i) Use of designated locations is not feasible; (ii)Adverse environmental effects and risks from coastal hazards are minimized; and (iii) The development is important to the State's economy; As the subject site already contains a single-family dwelling, it is an appropriate area for such a continued use. (6)(A) Develop and communicate adequate information about the risks of coastal hazards; As this is a managing authority related policy, it is not applicable. (6)(B) Control development, including planning and zoning control, in areas subject to coastal hazards; (6)(C) Ensure that developments comply with requirements of the National Flood Insurance Program; and The applicant will comply with all requirements of the Federal Flood Insurance Program and Chapter 27 Floodplain Management. Occupied structures are planned to be elevated above base flood elevations and properly engineered to withstand wind and water loads. The proposed pool will be designed and engineered to comply with flood zone and building permit regulations. (6)(D) Prevent coastal flooding from inland projects; The project will dispose of all runoff generated by project improvements on site by approved means. Thus, although the proposed project is within coastal hazard zones, the proposed design will mitigate potential impacts from coastal hazards. (7)(A) Use, implement, and enforce existing law effectively to the maximum extent possible in managing present and future coastal zone development; (7)(B) Facilitate timely processing of applications for development permits and resolve overlapping or conflicting permit requirements; and (7)(C) Communicate the potential short and long-term impacts of proposed significant coastal developments early in their life cycle and in terms understandable to the public to facilitate public participation in the planning and review process; The managing development policies relate to use, implementation and enforcement of laws, processing of applications for development permits and 25 communication of coastal development impacts to the public. As these are managing authority related policies, they are not applicable to this application. (8)(A) Promote public involvement in coastal zone management processes; (8)(B) Disseminate information on coastal management issues by means of educational materials,published reports, staff contact, and public workshops for persons and organizations concerned with coastal issues, developments, and government activities; and (8)(C) Organize workshops,policy dialogues, and site-specific mediations to respond to coastal issues and conflicts; The public participation policies relate to promoting public involvement and dissemination of information with respect to coastal zone management. These are managing authority related policies and are not applicable to this application. The public will be able to participate in the proposed project during the Planning Commission public meetings and testimony process to voice support and/or concerns. (9)(A) Locate new structures inland from the shoreline setback to conserve open space, minimize interference with natural shoreline processes, and minimize loss of improvements due to erosion; (9)(B) Prohibit construction of private shoreline hardening structures, including seawalls and revetments, at sites having sand beaches and at sites where shoreline hardening structures interfere with existing recreational and waterline activities; (9)(C) Minimize the construction of public shoreline hardening structures, including seawalls and revetments, at sites having sand beaches and at sites where shoreline hardening structures interfere with existing recreational and waterline activities; The proposed project seeks to demolish and remove the existing single-family dwelling, which is partially located within the current-day shoreline setback area and construct a new single-family dwelling entirely outside of the shoreline setback. This action intends to ensure compliance with shoreline setback regulations and minimize interference with natural shoreline processes. (9)(D) Minimize grading of and damage to coastal dunes; Although the shoreline on the property has already been hardened by an existing legally nonconforming seawall, no new improvements are proposed within the shoreline setback. (9)(E) Prohibit private property owners from creating a public nuisance by inducing or cultivating the private property owner's vegetation in a beach transit corridor; and (9)(F) Prohibit private property owners from creating a public nuisance by allowing the private property owner's unmaintained vegetation to interfere or encroach upon a beach transit corridor. 26 The landscaped vegetation on the subject property will be maintained and will not encroach upon or disrupt the adjacent public shoreline access. (10)(A) Ensure that the use and development of marine and coastal resources are ecologically and environmentally sound and economically beneficial; (10)(B) Coordinate the management of marine and coastal resources and activities to improve effectiveness and efficiency; (10)(C) Assert and articulate the interests of the State as a partner with federal agencies in the sound management of ocean resources within the United States exclusive economic zone; (10)(D) Promote research, study, and understanding of ocean and coastal processes, impacts of climate change and sea level rise, marine life, and other ocean resources to acquire and inventory information necessary to understand how coastal development activities relate to and impact ocean and coastal resources; and (10)(E) Encourage research and development of new, innovative technologies for exploring, using, or protecting marine and coastal resources. The marine resources policies relate to the development of marine and coastal resources, coordination of marine and coastal resources activities, forging State partnerships, promoting research of ocean and coastal processes, and encouraging new technologies for exploring, using, and protecting marine and coastal resources. These are managing authority related policies and are not applicable to this application. Based on the foregoing, it is concluded that the proposed improvements are consistent with the objectives, policies and guidelines of the Special Management Area Rules and Regulations. Specifically: A. The proposed project will not have any substantial, adverse environmental or ecological effect. Rather the proposed project seeks to ensure the property and new dwelling comply with current shoreline setback regulations and building codes. Additionally, by closing the existing septic system and upgrading to an advanced aerobic wastewater treatment unit, the new development seeks to improve upon the existing wastewater treatment by utilizing a more modern and environmentally sound technology. Building materials such as koa wood from the existing dwelling will be used in the new proposed single-family residence. Thus, any effect that may result from the demolition and reconstruction of the new dwelling will be minimized to the extent practicable and will be outweighed by the compelling public health benefits the project presents. Further, the proposed improvements will not generate any adverse effects by themselves or in conjunction with other individual developments, nor will the proposed improvements pose a potential cumulative impact which would result in a substantial adverse environmental or ecological effect or the elimination of planning options. Appropriate mitigative measures will be taken to address any potential adverse impacts of this project; 27 B. The proposed activities - as discussed earlier - are consistent with the objectives, policies, and guidelines of the SMA Rules and Regulations; and C. The proposed activities are consistent with the County General Plan and County Zoning Code. G. Surrounding Zoning and Land Uses The surrounding area is primarily urban and residential in nature and consistent with the proposed continued residential use of the property. Immediately makai of the subject property is a State-owned and Open-zoned 50.5-acre parcel which stretches along the makai side of the subject site and the neighboring makai Puako Beach Drive properties. This rocky coastline consists of small white sand beaches and extensive tidal pools popular with residents. Otherwise, the subject site and surrounding properties are zoned RS-10 and developed with single-family dwellings. These properties range in size from approximately 10,000 to 20,000 square feet. The newly proposed dwelling and associated improvements will be designed and constructed in a manner that is in keeping with the neighborhood. A 15-foot-wide public pedestrian beach access route is located along the northern boundary of the subject property. The proposed project will not interfere with this beach access. Additionally, as the project seeks to replace the existing single-family dwelling with a new single-family dwelling, no changes in use or density are proposed and thus traffic should remain at a residential level and hence not any different than what exists today. As such, the proposed project should not create a significant impact to surrounding areas. H. Flood Insurance Rate Map The property is predominantly within Flood Zone AE (areas subject to a 1% annual chance of inundation by a 100-year flood event). A small portion of the shoreline is located within Flood Zone VE (areas subject to a 1% annual chance of inundation by a 100-year flood event with additional hazards associated with storm induced wave action) (Figure 11). Occupied structures are planned to be elevated above base flood elevations plus freeboard, and properly engineered to withstand wind and water loads. The proposed pool will be designed and engineered to comply with flood zone and building permit regulations. The original structure was subject to periodic flooding having been built prior to flood zone regulations. The proposed structures will not be subject to such flooding since it will be built according to flood zone regulations and will be outside the 40-foot shoreline setback. The proposed structures will therefore improve flooding conditions on the parcel. Additionally, the subject property lies approximately five (5) to seven (7) feet above sea level and within the tsunami evacuation zone. However, a Civil Defense Siren is located directly across the street from the property. 28 �w Nt AE �< r BASEMAP: FIRM BASEMAP Flood Hazard Assessment Report www.hawaiinfip.org SPECIAL FLOOD HAZARD AREAS (SFHAs) SUBJECT TO INUNDATION BY THE 1%ANNUAL CHANCE FLOOD -The 1%annual chance flood (100- year),also know as the base flood, is the flood that has a 1%chance of `�-..,,,,,,...•` `[' being equaled or exceeded in any given year.SFHAs include Zone A,AE, -...:.. - AH, AO,V,and VE.The Base Flood Elevation (BFE) is the water surface elevation of the 1% annual chance flood. Mandatory flood insurance Property Information Notes: purchase applies in these zones: COUNTY: HAWAII (- Zone A:No BFE determined. TMK NO: (3)6-9-006:025 Zone AE:BFE determined. WATERSHED: POHAKULOA PARCEL ADDRESS: ADDRESS NOT DETERMINED Zone AH:Flood depths of 1 to 3 feet(usually areas of ponding); KAMUELA,HI 96743 BFE determined. Zone AO: Flood depths of 1 to 3 feet (usually sheet flow on Flood Hazard Information sloping terrain);average depths determined. FIRM INDEX DATE: SEPTEMBER 29,2017 Zone V:Coastal flood zone with velocity hazard(wave action); LETTER OF MAP CHANGE(S): NONE no BFE determined. FEMA FIRM PANEL: 1551660303F Zone VE:Coastal flood zone with velocity hazard(wave action); BFE determined. PANEL EFFECTIVE DATE: SEPTEMBER 29,2017 Zone AEF: Floodway areas in Zone AE. The floodway is the channel of stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 1% annual chance flood can be carried without increasing the BFE. NON-SPECIAL FLOOD HAZARD AREA-An area in a low-to-moderate risk THIS PROPERTY IS WITHIN ATSUNAMI EVACUTION ZONE: YES flood zone. No mandatory flood insurance purchase requirements apply, FOR MORE INFO,VISIT:http://www.scd.hawaii.gov/ but coverage is available in participating communities. THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: NO Zone XS(X shaded):Areas of 0.2%annual chance flood;areas of FOR MORE INFO,VISIT:http://dlnreng.hawaii.gov/dam/ 1%annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1%annual chance flood. Zone X:Areas determined to be outside the 0.2%annual chance 0 100 200ft floodplain. Disclaimer:The Hawaii Department of Land and Natural Resources(DLNR)assumes no responsibility arising from the use, accuracy, completeness, and timeliness of any information contained in this report. Viewers/Users are OTHER FLOOD AREAS responsible for verifying the accuracy of the information and agree to indemnify the DLNR,its officers,and employ- ees from any liability which may arise from its use of its data or information. Zone D: Unstudied areas where flood hazards are undeter- L, mined, but flooding is possible. No mandatory flood insurance If this map has been identified as'PRELIMINARY',please note that it is being provided for informational purposes purchase apply,but coverage is available in participating commu- and is not to be used for flood insurance rating.Contact your county floodplain manager for flood zone determina- nities. lions to be used for compliance with local floodplain management regulations. Figure 11 I. Archaeological Resources Although no commissioned archaeological survey of the site was conducted it is highly unlikely that any historic sites would be found on the property as the parcel was previously cleared and has been developed for residential use for decades. However, in the event any archaeological or historical features are found during any earth disturbance activity, work will stop within the affected area and appropriate clearances from the State DLNR-SHPD and County Planning Department will be secured before work resumes. If needed, an archaeological monitoring program can be instituted during any land clearing activity. J. Floral and Faunal Resources Although a biotic survey was not conducted for the subject property, the applicant does not believe that any rare or endangered floral or faunal resources are likely to be found on the site. The parcel has been developed for residential use for many years and no such species have been seen. Site vegetation consists of areca palm(Dypsis lutescens), coconut (Cocos nucifera), bougainvillea(Bougainvillea sp), birds of paradise (Strelitzia sp.), autograph tree (Clusia rosea), and ironwood(Casuarina equisetifolia). These species are all non-native species that are common to the area. The site is not known to be a habitat for any rare or endangered animal life. It would be possible, though unlikely, to find the Hawaiian Hawk(I'o) (Buteo solitarius) and Hawaiian owl(Asio flammeus sandwichensis). The residential nature of the surrounding areas would make it less likely to find other protected or endangered animal life in this area. However, if any native or endangered fauna species is spotted during the demolition or construction phases, the Department of Land and Natural Resources, Department of Forestry and Wildlife will be contacted immediately for appropriate action. K. Valued Cultural Resources The recent Hawaii State Supreme Court's"PASH" and"Ka Pa'akai O 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. The subject parcel is adjacent to an established public shoreline access trail. No changes will be made to this access. It is not known whether the subject site or immediately surrounding area was ever used for the gathering of plants by native Hawaiians. Given the residential development of the area, it would appear very unlikely that the site would serve such purpose today and/or in the recent past. Thus, the project does not appear to present any cultural impacts. However, in the event documented claims of gathering or access are made of this site the Applicant will honor them. 30 L. Public Access A public pedestrian access route to the shoreline runs along the northern boundary of the property as shown on the conceptual site plan (Figure 3). This is one of twelve separate accesses along Puako Beach Drive to this coastal area which contains small, white sand beaches and extensive tidal pools. According to the County's Shoreline Access website, this coastline is used for hiking, swimming, fishing (with restrictions), kayaking and surfing. The shoreline public access adjacent to the property will not be affected by this project. M. Description of Access Assess to the property will remain from Puako Beach Drive, approximately 1.75 miles southwest along Puako Beach Drive from the Puako Boat Ramp. Puako Beach Drive is a County owned and maintained roadway with an average pavement width of 20 feet. As shown on the conceptual site plan(Figure 3), two driveway access points along Puako Beach Drive are proposed—one on the northern end of the property and one on the southern end. N. Traffic Impacts As the project seeks to replace the existing single-family dwelling with a new single- family dwelling, no changes in land use or density are proposed and thus traffic should remain at a residential level and hence not any different than what exists today. O. Availability of Utilities Water The property is already serviced by the Department of Water Supply via an existing water meter. The proposed new single-family dwelling will continue to utilize this water meter. Wastewater The existing single-family dwelling on the property currently utilizes a septic tank for wastewater disposal, which was constructed and permitted in 1990 (Exhibit B). The existing septic system will be closed and replaced with a Department of Health approved aerobic advanced wastewater treatment unit. Installation of the new advanced treatment unit will mitigate potential impacts to water quality, coastal ecosystems, and soil due to wastewater. Other Utilities All other utilities including electrical, telephone and cable services are available to the site. 31 P. Potential Areas of Concern Coastal Hazards The site may be subject to coastal hazards due to its proximity to the ocean. However, with the exception of very rare events, the proposed activity will not be directly affected by any coastal hazards. The project proposes to demolish the existing nonconforming single-family dwelling on the property, which is partially within the 40-foot shoreline setback and replace it with a new single-family dwelling and associated improvements which will all be located outside of the 40-foot shoreline setback and constructed in accordance with current building codes and appropriate floodwater requirements. As the property is located within the Tsunami Evacuation Zone, it is covered by a civil defense siren located directly across the street from the property. Puako Beach Drive provides a mauka-makai connection to Queen Kaahumanu Highway approximately 2 miles from the project site. The applicant has not observed any significant runoff or erosion on the subject property. Pursuant to County drainage requirements, appropriate drywell and/or similar means to capture runoff from any improvements will be built, if necessary, in conjunction with the appropriate permitting process. II. ANTICIPATED IMPACTS A. Environmental Setting General Description The subject property consists of 16,401 square feet of land, located on the makai side of Puako Beach Drive. The property is rectangular in shape and currently contains a single- family dwelling. According to Real Property Tax records, the existing dwelling on the property was originally constructed in 1961. Two subsequent building permits were issued to construct additions to the original dwelling which currently contains 1,552 square feet of living area and 1,329 square feet of accessory area for a total of 2,881 square feet and contains one (1) bedroom and two (2)bathrooms. Vegetation on the property includes areca palm(Dypsis lutescens), coconut(Cocos nucifera), bougainvillea (Bougainvillea sp), birds of paradise (Strelitzia sp.), autograph tree (Clusia rosea), and ironwood(Casuarina equisetifolia). The parcel has little discernible slope and sits approximately at 2 feet above sea level. The average annual rainfall is approximately 9 inches. The average annual temperature ranges between 70-80 degrees Fahrenheit, with occasional higher and lower ranges during certain periods in the summer and winter months. The prevailing wind patterns in the area are often light and variable, dominated by sea breeze (westerly) during the day and easterly or mountain winds during the evenings. 32 Soils Soil on the subject property is made up of 70 percent pdhoehoe lava flows and 30 percent Kiholo soil (2klz4). This soil complex has 2 to 20 percent slopes, is well drained and is characteristics of very high runoff. No impacts on soil are anticipated due to the Best Management Practices employed during construction and the installment of an advanced wastewater treatment unit. Flora and Fauna Although there were no professional surveys conducted of the floral or faunal resources of the site, the applicant does not believe that rare or endangered floral or faunal resources are likely to be found within the subject site as the site has been cleared for residential use for many years. The site is not known to be a habitat for any rare or endangered animal life. It would be possible, though unlikely to find the Hawaiian Hawk (I'o) (Buteo solitarius) and the Hawaiian Owl(Pueo) (Asio flammeus sandwichensis) in the vicinity of the property. That said, the residential nature of the surrounding area would make it less likely to find other protected or endangered animal life in this area. Volcanic and Earthquake Hazards The subject property lies within the northwest outer reaches Mauna Loa lava flows, putting it in Lava Hazard Zone 3, on a scale ranging from 9 to 1, ranking least hazardous to most. There are no anticipated impacts from earthquake activity due to mitigating measures and building regulations and requirements. Potential volcanic hazards are inherent to the area and are shared with every other single-family residence in the Puako area. Flood/Drainaj!e All new improvements are proposed outside of the 40-foot shoreline setback area. The property is predominantly within Flood Zone AE (areas subject to a 1% annual chance of inundation by a 100-year flood event). A small portion of the shoreline is located within Flood Zone VE (areas subject to a 1% annual chance of inundation by a 100-year flood event with additional hazards associated with storm induced wave action). The proposed new dwelling will be constructed and permitted in accordance with building codes designed for this flood zone. The proposed structures will not be subject to such flooding since it will be built according to flood zone regulations and will be outside the 40-foot shoreline setback. The proposed structures will therefore improve flooding conditions on the parcel. The subject property lies within the tsunami evacuation zone; however, a Civil Defense Siren is located directly across the street from the property. An emergency preparedness and response plan can be prepared for the proposed development if required. 33 B. Relationship to Land Use Plans and Policies Special Management Area The subject site is situated within the County Special Management Area(SMA). As such, a Major SMA Permit is being requested. A discussion of this project's relationship to HRS Chapter 205A is found in Section F of this report. C. Probable Environmental Impact There are no probable environmental impacts associated with the proposed action. The project is and will be energy conscious through its use and/or encouragement of solar energy and design features that take advantage of the sun and wind patterns. The proposed development would not entail adverse effects on the environment or the natural resources of the region. There will be no long-term impacts to air pollution, water quality, soil pollution, solid waste disposal, or noise pollution. Wastewater will be handled by an Advanced Treatment Unit outside the 40-foot shoreline setback. Installation of the new advanced treatment unit will mitigate potential water quality, coastal ecosystem, and soil impacts due to wastewater. The demolition of the existing single-family residence on the property will be done in accordance with best management practices to ensure that noise and air pollution associated with the demo remains at a minimum. D. Unavoidable Adverse Environmental Effects The proposed action and land use will not have any adverse effects to natural resources. The applicant intends to utilize the land for residential purposes, which is consistent with the current land use designation, and past use of the land over many years. This land use is compatible with the locality and surrounding area, which supports single-family residences. No adverse impacts are expected to air or water quality, scenic or other natural resources outside of temporary and minor impacts during construction. Mitigating measures and best management practices will protect all existing flora and fauna, soil, shoreline, and coastal resources. Further, no significant secondary or cumulative impacts are expected with the request. The proposed development is not expected to exacerbate any adverse natural processes occurring on the property, including coastal erosion. No development is proposed within the 40-foot shoreline setback area or the conservation district. E. Alternatives to Proposed Action A no action alternative is the only viable alternative to the proposed action. 34 F. Irreversible and Irretrievable Commitment of Resources The proposed action will not involve an irrevocable commitment, loss, or destruction of any natural, cultural, or historic resources. Earthwork will closely follow all mitigating measures and Best Management Practices to minimize impacts to natural resources. It is highly unlikely that any historic, archaeological, or cultural resources are present on the property as the parcel was previously cleared and has been developed for residential use for many years. However, in the event any historic, archaeological, or cultural features are discovered during construction, work will stop within the affected area and appropriate clearances from the State DLNR-SHPD, and County Planning Department will be secured before work resumes. The proposed action should not result in the irreversible or irretrievable commitment of any environmental resources. 35 JOSH GREEN GOVERROR I RE KIA`AINA SUZANNE D.CASE p C �y CHAE2PEA SYLVIA LUKE P•C Fw• '• .,4{Y BOARD OF LAND AND NATURAL RESOURCES LIEUTENANT GOVERNOR I KA HOPE KIA`AINA .�,.• 1959 °°.,9� COMMISSION ON WATER RESOURCE MANAGEMENT ye Yo NL KALEO MANUEL OEVand and IV.., DEPUTY DIRECTOR-WATER AQUATICRESOURCES - , 6` BOATING AND OCEAN RECREATION Q4, G BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMENT (J N CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING WILDLIIT STATE OF HAWAIISTATE OF HAWAII KA MOKU`AINA`O HAWAI`I FORESTIC AN RATION HISTORIC PRESERVATION DEPARTMENT OF LAND AND NATURAL RESOURCES KA °°LA EISLANDRESER ECOMMISSION LAND State of Hama STATE PARKS STATE HISTORIC PRESERVATION DIVISION KAKUHIHEWA BUILDING 601 KAMOKILA BLVD,STE 555 KAPOLEI,HAWAII 96707 December 20,2022 IN REPLY REFER TO: Zendo Kern,Director Project No.2022PROI581 County of Hawaii,Planning Department Doc.No.2212SN07 101 Pauahi Street,Suite 3 Archaeology Hilo,HI 96720 planningghawaiicounty.gov Dear Mr.Kern: SUBJECT: HRS Chapter 6E-42 Historic Preservation Review— Special Management Area Application No. 11-000120 Applicant: Frank Sirlin Lalamilo Ahupua`a,South Kohala District,Island of Hawaii TMK: (3)6-9-006:025 This letter provides the State Historic Preservation Division's (SHPD's) review of subject request for a Special Management Area (SMA) Use Permit and existing County of Hawaii Special Permit [Special Permit No. 22- 000120]. The applicant, Frank Sirlin (landowner), is requesting the SMA to allow for the construction of a new single-family residence. The request was received by our office on December 12, 2022. The submittal includes the County of Hawaii SMA application,a location map,and a site plan submitted by the County of Hawaii. The current project area is the entire 0.38-acre parcel. Project Description The applicant is requesting a SMA use permit to demolish an existing single-family dwelling and accessory building and construct a new single-family dwelling, swimming pool/spa and associated improvements on a 16,401-sq.-ft. parcel located within a SMA. The project area has been subject to a previous SHPD review (Log No. 2011.0439, Doc.No. I I09TD06)for SMA and Shoreline Setback Variance. Findings A review of SHPD records indicate that there are no known archaeological sites or land commission awards(LCA) within this project area. SHPD records also indicate that no archaeological inventory has been conducted. The project area has been previously disturbed by grading for the existing residential development.No new information has been received since the previous determination. Determination Based on current information,the SHPD has no objections to the issuance of the SMA for the proposed project. In the event that historic resources, including human skeletal remains, structural remains, sand deposits, midden deposits, lava tubes, or lava blistersibubbles are identified 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)933-7653. Please contact Sean Naleimaile at(808)933-7651 or at sean.p.naleimaile&bawaii. og_v for any questions or concerns regarding this letter. Planning Depi. Exhibit _.__ 2 Mr.Kern December 20,2022 Page 2 Aloha, 'jusanA.Lebo Signed For Alan S.Downer,PhD Administrator,State Historic Preservation Division Deputy State Historic Preservation Officer cc: Alex Roy,alex.roykhawaiicounty. og_v John Pipan,infoklandplanninghawaii.com DeVera, Ashley From: Honda, Eric T. <Eric.Honda @doh.hawaii.gov> Sent: Wednesday, December 21, 2022 2:06 PM To: Planning Internet Mail Subject: PL-SMA-2022-000024 Attachments: PL-SMA-2022-000024 TMK6-9-006--025.doc Eric Honda District Environmental Health Program Chief Hawaii District Health Office (808)933-0917 Eric.honda@doh.hawaii.gov Planning Dees. 1 Exhibit. .. 3 JOSH GREEN, M.D. o F„ ELIZABETH A.CHAR,M.D. GOVERNOR OF HAWAII p �g es 9 y DIRECTOR OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: December 21, 2022 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Special Management Area Use Permit Application (PL-SMA-2022-000024) Applicant: Frank Sirlin Request: To Demolish an Existing Single-Family Residence and Accessory Building and Construct a New Single-Family Residence, Detached Bedroom, Garages, Swimming Pool, and Spa TMK: 6-9-006:025, Puako Beach Lots, South Kohala, Hawaii In most cases, the District Health Office will no longer provide individual comments to agencies or project owners to expedite the land use review and process. Agencies, project owners, and their agents should apply Department of Health "Standard Comments"regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: https:Hhealth.hawaii.gov/epo/landuse/. Contact information for each Branch/Office is available on that website. Note: Agencies and project owners are responsible for adhering to all applicable standard comments and obtaining proper and necessary permits before the commencement of any work. General summary comments have been included for your convenience. However, these comments are not all-inclusive and do not substitute for review of and compliance with all applicable standard comments for the various DOH individual programs. Clean Air Branch 1. All project activities shall comply with the Hawaii Administrative Rules (HAR), Chapters 11-59 and 11-60.1. Zendo Kern December 23, 2022 Page 2 of 4 2. Control of Fugitive Dust: You must reasonably control the generation of all airborne, visible fugitive dust and comply with the fugitive dust provisions of HAR §11-60.1-33. Note that activities that occur near existing residences, businesses, public areas, and major thoroughfares exacerbate potential dust concerns. It is recommended that a dust control management plan be developed which identifies and mitigates all activities that may generate airborne and visible fugitive dust and that buffer zones be established wherever possible. 3. Standard comments for the Clean Air Branch are at: hops://health.hawaii.gov/epo/landuse/ Clean Water Branch 1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55. 1. The following Clean Water Branch website contains information for agencies and/or project owners who are seeking comments regarding environmental compliance for their projects with HAR, Chapters 11-53, 11-54, and 11-55: hops://health.hawaii.gov/cwb/clean-water-branch-home- pa e/g cwb- standard-comments/. Hazard Evaluation & Emergency Response Office 1. A Phase I Environmental Site Assessment(ESA) and Phase II Site Investigation should be conducted for projects wherever current or former activities on site may have resulted in releases of hazardous substances, including oil or chemicals. Areas of concern include current and former industrial areas, harbors, airports, and formerly and currently zoned agricultural lands used for growing sugar, pineapple or other agricultural products. 2. Standard comments for the Hazard Evaluation& Emergency Response Office are at: hops://health.hawaii.gov/epo/landuse/. Indoor and Radiological Health Branch 1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11- 502, 11-503, and 11-504. 2. Construction/Demolition Involving Asbestos: If the proposed project includes renovation/demolition activities that may involve asbestos, the applicant should contact the Asbestos and Lead Section of the Branch at https://health.hawaii.gov/irhb/asbestos/. Safe Drinking Water Branch 1. Agencies and/or project owners are responsible for ensuring environmental compliance for their projects in the areas of 1) Public Water Systems; 2) Underground Injection Control; and 3) Groundwater and Source Water Protection in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11- Zendo Kern December 23, 2022 Page 3 of 4 25. They may be responsible for fulfilling additional requirements related to the Safe Drinking Water program: https://health.hawaii.gov/sdwb/. 2. Standard comments for the Safe Drinking Water Branch can be found at: https://health.hawaii.gov/epo/landuse/. Solid & Hazardous Waste Branch 1. Hazardous Waste Program - The state regulations for hazardous waste and used oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the identification, handling, transportation, storage, and disposal of regulated hazardous waste and used oil. 2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters 339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282. Generators and handlers of solid waste shall ensure proper recycling or disposal at DOH-permitted solid waste management facilities. If possible, waste prevention, reuse, and recycling are preferred options over disposal. The Office of Solid Waste Management also oversees the electronic device recycling and recovery law, the glass advanced disposal fee program, and the deposit beverage container program. 3. Underground Storage Tank Program—The state regulations for underground storage tanks are in HAR Chapter 11-280.1. These rules apply to the design, operation, closure, and release response requirements for underground storage tank systems, including unknown underground tanks identified during construction. 4. Standard comments for the Solid& Hazardous Waste Branch can be found at: https://health.hawaii.gov/epo/landuse/. Wastewater Branch For comments,please email the Wastewater Branch at doh.wwb@doh.hawaii.gov. Sanitation /Local DOH Comments: 1. Noise may be generated during demolition and/or construction. The applicable maximum permissible sound levels, as stated in Title 11, HAR, Chapter 11-46, "Community Noise Control," shall not be exceeded unless a noise permit is obtained from the Department of Health. 2. According to HAR §11-26-35, No person, firm, or corporation shall demolish or clear any structure, place, or vacant lot without first ascertaining the presence or absence of rodents that may endanger public health by dispersal from such premises. Should any such inspection reveal the presence of rodents, the rodents shall be eradicated before demolishing or clearing the structure, site, or vacant lot. A demolition or land clearing permit is required prior to demolition or clearing. Zendo Kern December 23, 2022 Page 4 of 4 Other 1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit recommends that state and county planning departments, developers, planners, engineers, and other interested parties apply these principles when planning or reviewing new developments or redevelopment projects. 2. If new information is found or changes are made to your submittal, DOH reserves the right to implement appropriate environmental health restrictions as required. Should there be any questions on this matter,please contact the Department of Health, Hawaii District Health Office, at(808) 933-0917. J�ZV us M� Mitchell D.Roth Ramzi I.Mansour Mayor Director .� ;« Lee Lord �;` Brenda Iokepa-Moses '''f Deputy Director Managing Director County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuando`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, DirecO6 W'JP Department of Environmental Management DATE: December 21, 2022 SUBJECT: Special Management Area Use Permit Application (PL-SMA-2022-000024) Applicant: Frank Sirlin Request: To Demolish an Existing Single-Family Residence and Accessory Building and Construct a New Single=Family Residence, Detached Bedroom, Garages, Swimming Pool, and Spa Tax Map Key: (3) 6-9-006:025, Puak6 Beach Lots, South Kohala, Hawaii The Solid Waste Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Solid Waste Division for details): • Commercial operations, State and Federal agencies, religious entities and non-profit organization may not use transfer stations for disposal. • Other: Residential Do-It-Yourself Construction &Demolition(C&D) Material Disposal: C&D load shall not exceed three (3) cubic yards. C&D loads exceeding 3 cubic yards must be taken directly to the East Hawaii Regional Sort Station or West Hawaii Sanitary Landfill (not the Transfer Station). Tip fees will apply. The Wastewater Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Wastewater Division for details): • Applicant shall follow Department of Health regulations. No County sewer system in the area. RM;pls ( fanning Dept. Exhibit_,_4 County of Hawaii is an Equal Opportunity Provider and Employer DeVera, Ashley From: Nakamura, Darlene K <darlene.k.nakamura@hawaii.gov> Sent: Tuesday, January 24, 2023 11:21 AM To: Planning Internet Mail Cc: Terrago, Rubyrosa T Subject: FW: Request for Comments - Frank Sirlin - SMA Use Permit (PL-SMA-2022-000024) Attachments: Sirlin.Add'I.signed.pdf, Sirlin.DOFAW Late Comments.pdf Hi Alex, Attached are late comments from the DLNR's Division of Forestry& Wildlife ("DOFAW'). Please direct any concerns regarding the timeliness of these comments to staff at DOFAW copied herein. Thanks, Darlene From: Nakamura, Darlene K Sent: Wednesday, January 18, 2023 3:24 PM To: planning@hawaiicounty.gov Subject: Request for Comments- Frank Sirlin - SMA Use Permit (PL-SMA-2022-000024) Aloha Alex, Attached are comments from the Hawaii Department of Land and Natural Resources ("DLNR") to the above- entitled subject project. Thanks, Darlene Planning Depi. Exhibit _.__ 5 JOSH GREEN,M.D. 95 9%, DAWN N.S.CHANG GOVERNOR I KE KIA'AINA g:• } - CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES SYLVIA LUKE ;• COMMISSION ON WATER RESOURCE LIEUTENANT GOVERNOR I KA HOPE KIA'AINA yt• i= MANAGEMENT oE Vand and IV dt. •.f� 01 F o STATE OF HAWAVI KA MOKU`AINA `O HAWAI`I DEPARTMENT OF LAND AND NATURAL RESOURCES 'stdie of HaWa LAND DIVISION P.O. BOX 621 HONOLULU, HAWAII 96809 January 24, 2023 County of Hawaii Planning Department via email: Planning(a)hawaiicounty.aov Attn: Mr. Alex Roy 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Roy: SUBJECT: Special Management Area Use Permit Application (PL-SMA-2022-000024) Request to Demolish an Existing Single-Family Residence and Accessory Building and Construct a New Single-Family Residence, Detached Bedroom, Garages, Swimming Pool, & Spa located at Puako Beach Lots, S. Kohala, Island of Hawaii; TMK: (3) 6-9-006:025 on behalf of Frank Sirlin Thank you for the opportunity to review and comment on the subject matter. In addition to our previous comments dated January 18, 2023, enclosed are comments from the Division of Forestry & Wildlife 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, Russell Y. Tsuji Land Administrator Enclosures cc: Central Files tE o F nq JOSH GREEN,M.D. %cP ,�e ss v SL'ZA\NE D.GCSE GOVERNOR I KE KIA'AINA „'rp CH 1IRPERSON BOARD OF LAND AND NATURAL RESOURCES SYLVIA LUKE tv COMMISSION ON NNATER RESOURCE LIEUTENANT GOVERNOR KA HOPE KIA'AINA l ' NlA\ACENIENT `oE Land and Nate �� ��� F 0 STATE OF HAWAII KA MOKU`AINA`O HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION Stare of HaWa` P.O.BOX 621 HONOLULU, HAWAII 96809 Dec 22,2022 MEMORANDUM FROM: DLNR Agencies: X Div. of Aquatic Resources (ryan.ly.okano@hawaii.gov) _Div. of Boating & Ocean Recreation X Engineering Division (DLNR.ENGR@hawaii.gov) X Div. of Forestry&Wildlife (rubyrosa.t.terrago@hawaii.gov) _Div. of State Parks X Commission on Water Resource Management (DLNR.CWRM@hawaii.gov) X Office of Conservation & Coastal Lands (sharleen.k.kuba@hawaii.gov) X Land Division — Hawaii District (gordon.c.heit@hawaii.gov) TO: Russell Y. Tsuji, Land Ad ministratorRisoa ryy` SUBJECT: Special Management Area Use Permit Application (PL-SMA-2022-000024)— Request to Demolish an Existing Single-Family Residence and Accessory Building and Construct a New Single-Family Residence, Detached Bedroom, Garages, Swimming Pool, and Spa LOCATION: Puako Beach Lots, South Kohala, Island of Hawaii; TMK: (3) 6-9-006:025 APPLICANT: County of Hawaii on behalf of Frank Sirlin Transmitted for your review and comment is information on the above-referenced subject matter. Please submit comments by January 18, 2023. 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.nakamura(d_)hawaii.gov. Thank you. BRIEF COMMENTS: ( ) We have no objections. ( ) We have no comments. ( ) We have no additional comments. (m ) Comments are included/attached. a� Signed: Print Name: LAINIE BERRY, Wildlife Program Mgr. Division: Division of Forestry and Wildlife Date: Jan 23,2023 Attachments cc: Central Files JOSH GREEN,M.D. o F DAWN N.S.CHANG GOVERNOR I KE KIA'AINA 4 E H4 h., CHAIRPERSON .gyp' 1959 q' BOARD OF LAND AND NATURAL RESOURCES SYLVIA LUKE � \ f of o COMMISSION ON WATER RESOURCE LIEUTENANT GOVERNOR�KA HOPE KIA'AINA ;�' ?i� y' MANAGEMENT Vi FIRST DEPUTY M.KALEO MANUEL J)-" J nNo C DEPUTY DIRECTOR-WATER AQUATIC RESOURCES BOATING AND OCEAN RECREATION 40 m BUREAU OF CONVEYANCES STATE OF HAWAII I KA MOKU,AINA'O HAWAII COMMISSION WATER RESOURCE MANNAA GEMENT DEPARTMENT OF LAND AND NATURAL RESOURCES CONSERVATION ANDNDR SOU LANDS CONSERVATION AND RESOURCES \\ DIVISION OF FORESTRY AND WILDLIFE ENFORCEMENT HAWA1\ 1151 PUNCHBOWL STREET, ROOM 325 ENGINEERING FORESTRY AND WILDLIFE HONOLULU, HAWAII 96813 HISTORIC PRESERVATION KAHOOLAWE ISLAND RESERVE COMMISSION January 23, 2023 LAND MEMORANDUM Log no.3954 TO: RUSSELL Y. TSUJI, Land Administrator Land Division FROM: LAINIE BERRY, Wildlife Program Manager Division of Forestry and Wildlife SUBJECT: Division of Forestry and Wildlife Comments for the Special Management Area(SMA) Use Permit Application from the County of Hawaii on behalf of Frank Sirlin for the Subject Property at Puako Beach Lots on Hawaii Island The Department of Land and Natural Resources,Division of Forestry and Wildlife(DOFAW)has received your request for comments for the SMA Use Permit Application(PL-SMA-2022-000024) from the County of Hawaii on behalf of the applicant Frank Sirlin for the subject property located at Puak6 Beach Lots on the makai side of Puako Beach Drive, in South Kohala, on the island of Hawaii; TMK: (3) 6-9-006:025. The proposed project consists of demolishing an existing single-family dwelling and accessory building and constructing a new single-family dwelling, swimming pool/spa, and associated improvements on a 16, 401 square foot parcel. The State listed Hawaiian Hoary Bat(Lasiurus cinereus semotus)could potentially occur at or in the vicinity of the project 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 also be avoided for any construction because bats can become ensnared and killed by such fencing material 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 their collision with manmade structures or the grounding of birds. For nighttime work that might be required, DOFAW recommends that all lights used be fully shielded to minimize the attraction of seabirds. Nighttime work that requires outdoor lighting should be avoided during the seabird fledging season, from September 15 through December 15, when young seabirds make their maiden voyage to sea. Permanent lighting also poses a risk of seabird attraction, and as such should be minimized or eliminated to protect seabird flyways and preserve the night sky. For illustrations and guidance related to seabird-friendly light styles that also protect seabirds and the dark starry skies of Hawaii please visit https://dlnr.hawaii.gov/wildlife/files/2016/03/DOC439.pdf. The State endangered Hawaiian Monk Seal (Monachus schauinslandi) and threatened Green Sea Turtle (Chelonia mydas) could potentially occur or haul out onshore within the vicinity of the proposed project site. If either species is detected within 100 meters of the project area all nearby construction operations should cease and not continue until the focal animal has departed the area on its own accord. State-listed waterbirds such as the Hawaiian stilt (Himantopus mexicanus knudseni) and Hawaiian Goose (Branta sandvicensis) could potentially occur at or 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, all activities within 100 feet (30 meters) should cease and the bird or birds should not be approached. Work may continue after the bird or birds leave the area of their 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(Buteo solitarius)may occur in the project vicinity. DOFAW recommends surveys of the area be conducted by a qualified biologist to ensure no Hawaiian Hawk nests are present if trees are to be cut. `Io nests may be present during the breeding season from March to September. The project area is within the range of the State listed Blackburn's Sphinx Moth(Manduca blackburni) or BSM. Larvae of BSM feed on many nonnative hostplants, which includes tree tobacco (Nicotiana glauca), that grow in disturbed soil. We recommend contacting the Hawaii Island Branch DOFAW office at (808) 974-4221 for further information about where BSM may be present and whether a vegetation survey should be conducted to determine the presence of plants preferred by BSM. DOFAW recommends removing plants less than one meter in height or during the dry season to avoid harm to BSM If you intend to either remove tree tobacco over one meter in height or to disturb the ground around or within several meters of these plants, they must be thoroughly inspected by a qualified entomologist for the presence of BSM eggs and larvae. DOFAW recommends using native plant species for landscaping that are appropriate for the area; i.e.,plants for which climate conditions are suitable for them to thrive, plants that historically occurred there, etc. Please do not plant invasive species. DOFAW also recommends referring to www.plantpono.org for guidance on the selection and evaluation of landscaping plants and to determine the potential invasiveness of plants proposed for use in the project. DOFAW recommends minimizing the movement of plant or soil material between worksites. Soil and plant material may contain detrimental fungal pathogens (e.g., Rapid `Ohi`a Death), vertebrate and invertebrate pests (e.g., Little Fire Ants, Coqui Frogs, etc.), or invasive plant parts (e.g., African Tulip, Octopus Tree, Trumpet Tree, etc.) that could harm our native species and ecosystems. We recommend consulting the Big Island Invasive Species Committee (BIISC) at (808) 933-3340 to help plan, design, and construct the project, learn of any high-risk invasive species in the area, and ways to mitigate their spread. All equipment, materials, and personnel should be cleaned of excess soil and debris to minimize the risk of spreading invasive species. We appreciate your efforts to work with our office for the conservation of our native species. These comments are general guidelines and should not be considered comprehensive for this site or project. It is the responsibility of the applicant to do their own due diligence to avoid any negative environmental impacts. 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 Myrna N. Girald Perez, Protected Species Habitat Conservation Planning Associate at (808) 265-3276 or myna. ig rald_perez(c�hawaii.gov. Sincerely, a� LAINIE BERRY Wildlife Program Manager 3954 Comments - Frank Sirlin - PL- SMA-2022-000024 on TM K: (3) 6-9-006:025 for Frank Sirlin Final Audit Report 2023-01-23 Created: 2023-01-23(Hawaii-Aleutian Standard Time) By: Rubyrosa Terrago(rubyrosa.t.terrago@hawaii.gov) Status: Signed Transaction ID: CBJCHBCAABAApfw4rF7-IrtlZjJ31QXfR3bycfdryGmm "3954 Comments - Frank Sirlin - PL-SMA-2022-000024 on TMK: (3) 6-9-006:025 for Frank Sirlin" History Document created by Rubyrosa Terrago (rubyrosa.t.terrago@hawaii.gov) 2023-01-23-11:28:22 AM HST Document emailed to Lainie Berry (lainie.berry@hawaii.gov) for signature 2023-01-23-11:29:25 AM HST C Document e-signed by Lainie Berry (lainie.berry@hawaii.gov) Signature Date:2023-01-23-3:28:58 PM HST-Time Source:server Agreement completed. 2023-01-23-3:28:58 PM HST ETS STATE of Hwwwi•i 2E o F N9 JOSH GREEN,M.D. "aP Mesa.�'y GOVERNOR I KE KIA'AINA SUZANNE E CHATRPFR ON BOARD OF i.AND AND NATURAf.RESOURCES SYLVIA LUKE ? s� F COMMISSION ON WATER RESOURCE LIEUTENANT GOVERNOR I KA HOPE KIA'AINA MANAGEMENT 4,,nd and Ndt �a Fec q 0 STATE OF HAWAII KA MOKU`AINA`O HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION State of Ha�'a P.O. BOX 621 HONOLULU,HAWAII 96809 Dec 22,2022 MEMORANDUM FROM: T49, DLNR Agencies: X Div. of Aquatic Resources (r\1an.ly.okano(a.hawaii.aov) _Div. of Boating & Ocean Recreation X Engineering Division (DLNR.ENGR(a-).hawaii.aov) X Div. of Forestry& Wildlife (rubyrosa.t.terraao(a.hawaii.aov) _Div. of State Parks X Commission on Water Resource Management (DLNR.CWRM(a.hawaii.aov) X Office of Conservation & Coastal Lands (sharleen.k.kuba((i),hawaii.aov) X Land Division — Hawaii District (ciordon.c.heit(a.hawaii.aov) TO: F-Rc)m! Russell Y. Tsuji, Land Ad ministratorRl�r"ti ' SUBJECT: Special Management Area Use Permit Application (PL-SMA-2022-000024)— Request to Demolish an Existing Single-Family Residence and Accessory Building and Construct a New Single-Family Residence, Detached Bedroom, Garages, Swimming Pool, and Spa LOCATION: Puako Beach Lots, South Kohala, Island of Hawaii; TMK: (3) 6-9-006:025 APPLICANT: County of Hawaii on behalf of Frank Sirlin Transmitted for your review and comment is information on the above-referenced subject matter. Please submit comments by January 18, 2023. 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.nakamura(@,hawaii.aov. Thank you. BRIEF COMMENTS: ( ) We have no objections. ( ) We have no comments. ( ) We have no additional comments. ( V) Comments are included/attached. Signed: qg:�: z Print Name: Carty S. Chang, Chief Engineer Division: Engineering Division Date: .tan 11, 2023 Attachments P"a n n Ir J cr.) cc: Central Files DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell Y. Tsuji Ref: Special Management Area Use Permit Application (PL-SMA-2022-000024)— Request to Demolish an Existing Single-Family Residence and Accessory Building and Construct a New Single-Family Residence, Detached Bedroom, Garages, Swimming Pool, and Spa Location: Puako Beach Lots, South Kohala, Island of Hawaii TMK(s): (3) 6-9-006:025 Applicant: County of Hawaii on behalf of Frank Sirlin COMMENTS The rules and regulations of the National Flood Insurance Program (NFIP), Title 44 of the Code of Federal Regulations (44CFR), are in effect when development falls within a Special Flood Hazard Area (high-risk areas). Be advised that 44CFR, Chapter 1, Subchapter B, Part 60 reflects the minimum standards as set forth by the NFIP. Local community flood ordinances may stipulate higher standards that can be more restrictive and would take precedence over the minimum NFIP standards. The owner of the project property and/or their representative is responsible to research the Flood Hazard Zone designation for the project. Flood zones subject to NFIP requirements are identified on FEMA's Flood Insurance Rate Maps (FIRM). The official FIRMS can be accessed through FEMA's Map Service Center(msc.fema.gov). Our Flood Hazard Assessment Tool (FHAT) (http://gis.hawaiinfip.org/FHAT) could also be used to research flood hazard information. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP coordinating agency below: o Oahu: City and County of Honolulu, Department of Planning and Permitting (808) 768-8098. o Hawaii Island: County of Hawaii, Department of Public Works (808) 961-8327. o Maui/Molokai/Lanai County of Maui, Department of Planning (808) 270-7139. o Kauai: County of Kauai, Department of Public Works (808) 241-4849. Signed: 4�r ARTY S. CHANG, CHIEF ENGINEER Date: Jan 11, 2023 Ot IYi i49 DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAI`I `'sue 345 KEKUANAO'ASTREET, SUITE 20 HILO, HAWAI`I 96720 TELEPHONE (808)961-8050 • FAX (808)961-8657 December 29, 2022 CON PLANNING DEPT TO: Mr. /endo Kern. Director DEC 30 2022 PM2*30 Planning Department REC'D NAND DELIVERED FW)kl: Keith K. Okamoto. Manager-Chief'F,ngincer SUBJECT: Special Management Area Ilse Permit Application (PL-SIVIA-2022-(I(I00024) Applicant— Frank Sirlin Request —To Demolish an Existing Single-Family Residence and Accessory Building and Construct a New Single-Family Residence, Detached Bedroom, Garages, Swimming Pool, and Spa Tay Map Key 6-9-006:025 We have revic%wed the subject application and have the following comments and conditions. "Flie Department has no objection to the subject application as the subject parcel is currently served by one (1)existing 5/8-inch meter(Account No. 840-22810. allotted one [I I equivalent unit ol'water). For your Information. one ( I ) unit of water is equal to an average daily Usage of'400 gallons. which is suitable for only one ( 1)single-tamily dwelling. 'T-he Department requests that a reduced pressure type backflow prevention assembly he installed (if one does not already exist) within five (5) feet ofthe existing meter on private property. The installation of the hackflow prevention assembly must be inspected and approved by the Department bettore conunencementcontinuation of water service. A copy of the Department's backflo\N prevention handout is attached to help the applicant Understand this requirement. Furthermore. the Department acknowledges that potable water is 1-lawai'i island's most precious I-esource and encourages our communities to promote water conservation and reserve the highest quality of water for the most valuahle end Use. which is the sustenance of life. Should there be any questions, please contact Mr. Troy Samara of our Water ReSOUI'ces and Planning Branch at (808) 961-8070. extension 255. Sincerely yours, Keith K. Okamoto. P.E. Manager-Chief l_:ngineer Planning Dept.. I'S:dfg Exhib;t 7 l:nc. copy \It-. Drank Sirlin . . . Water, Our Most Precious Resource. . . Ka WaiA one. . . The Department of Water Supply is an Equal Opportunity provider and employer. DeVera, Ashley Subject: FW: Special Management Area Use Permit Application (PL-SMA-2022-000024); TMK (3) 6-9-006: 025 Attachments: OPSD-Hawaii-SouthKohala-SMA.pdf From: Li, Shichao<shichao.li@hawaii.gov> Sent: Monday,January 23, 2023 11:58 AM To: Roy,Alex<Alex.Roy@hawaiicounty.gov> Cc: Nihipali,Justine W<iustine.w.nihipali@hawaii.gov> Subject: Special Management Area Use Permit Application (PL-SMA-2022-000024); TMK (3) 6-9-006: 025 Hi, Alex: Attached is the letter of comments from our office per your review request for the subject SMA use permit application. Thank you! it* OFFICE OF PLANNING & SUSTAINABLE DEVELOPMENT STATF OF I IA\VA1 I Shichao Li,Planner State of Hawaii Office of Planning and Sustainable Development 235 S.Beretania Street,6`Floor P.O.Box 2359,Honolulu,HI 96804 (808)587-2841 plan ning.hawaii.gov Planning Dept. r-xhibit 8 F A STATE OF HAWAI'I JOSH GREEN,M.D. OFFICE OF PLANNING GOVERNOR & SUSTAINABLE DEVELOPMENT sCOTTJ.GLENN °a o DIRECTOR a`s o N 235 South Beretania Street,6th Floor,Honolulu,Hawaii 96813 Telephone: (sos)587-2846 c Mailing Address: P.O. Box 2359,Honolulu,Hawai'i 96804 Fax: (808)587-2824 Web: https://planning.hawaii.gov/ Coastal Zone Management DTS 202212211351NA Program Environmental Review January 23, 2023 Program Land Use Commission Mr. Jeffrey W. Darrow Land Use Division Deputy Director Department of Planning Special Plans Branch County of Hawaii 101 Pauahi Street, Suite 3 State Transit-Oriented Hilo, Hawaii 96720 Development Statewide Geographic Attn: Mr. Alex Roy Information System Dear Mr. Darrow: Statewide Sustainability Branch Subject: Special Management Area Use Permit Application (PL-SMA-2022- 000024) to Demolish an Existing Single-Family Residence and Accessory Building, and Construct a New Single-Family Residence, Detached Bedroom, Garages, Swimming Pool, and Spa, South Kohala, Hawaii; Tax Map Key: (3) 6-9-006: 025 Thank you for the opportunity to provide comments on Special Management Area(SMA) Use Permit Application (PL-SMA-2022-000024) for the demolition of an existing single-family residence and accessory building, and construction of a new single-family residence and associate improvements at 69- 1882 Puako Beach Drive, South Kohala, Hawaii, transmitted via memorandum received December 21, 2022. According to the subject Application, the proposed demolition and reconstruction project is located on a 16,401 square foot shoreline parcel. The existing single-family dwelling, which was originally constructed in 1961, contains one bedroom and two bathrooms with 1,552 square feet of living area and 1,329 square feet of accessory area. The new 2-story single-family dwelling with a maximum height of 26 feet will contain four bedrooms, five and a half bathrooms and two 2-car garages, with 3,023 square feet of living area and 1,952 square feet of accessory area for a total of 4,975 square feet. In addition, the applicant proposes to install an in-ground swimming pool/spa on the property. The project will involve the closure of an existing septic system and installation of a new aerobic advanced wastewater treatment unit to handle all wastewater generated on site. Mr. Jeffrey W. Darrow January 23, 2023 Page 2 A shoreline survey certified in January 1998 shows that the shoreline follows the seaward face of the existing seawall. The proposed project will remove non-conforming structures within the 40-foot shoreline setback area, and construct the new single-family residence and all improvements outside of the 40-foot shoreline setback area. The subject property lies approximately 5 to 7-feet above sea level, and is predominantly within Flood Zone AE, areas subject to a 1% annual chance of inundation by a 100-year flood event. The new dwelling will be elevated above base flood elevation and constructed in accordance with building codes designed for this flood zone. The estimated cost for the proposed project is approximately $975,000. The Office of Planning and Sustainable Development(OPSD) has reviewed the subject SMA Use Permit Application, and has the following comments to offer: 1. The applicant should provide evidence and/or photos to confirm that the existing seawall is a legally nonconforming structure. 2. The OPSD concurs that site-specific mitigation measures shall be implemented to prevent any runoff, sediment, soil and debris potentially resulting from the proposed demolition and construction activities, including excavation, grading and staging, from adversely impacting the coastal ecosystem and the State waters as specified in Hawaii Administrative Rules Chapter 11-54. 3. In enacting Act 224, Session Laws of Hawaii 2005, the legislature found that light pollution in Hawaii's coastal areas and artificial lighting illuminating the shoreline and ocean waters can be disruptive to avian and marine life. All exterior lighting and lamp posts associated with the proposed residential development shall be cut-off luminaries to provide the necessary shielding to mitigate potential light pollution in the coastal areas, and lessen possible seabird strikes. No artificial light, except as provided in Hawaii Revised Statutes §§ 205A-30.5(b) and 205A-71(b), shall be directed to travel across the property boundaries toward the shoreline and ocean. If you have any questions regarding this comment letter,please contact Shichao Li of our office at(808) 587-2841 or by email at shichao.li@hawaii.gov. Sincerely, Justine W. Nihipali Planning Program Manager