PD Recommendation Report (PL-SMA-2022-024)

Home

with the existing single-family homes and recreational uses in the area surrounding the subject parcel. Additionally, the entire property is zoned by the County of Hawaii as Single Family Residential-10,000 square feet(RS-10)as well as the surrounding properties which are all 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. Lastly, the proposed development is consistent with the South Kohala Community Development Plan (SKCDP). The SKCDP was developed under the framework of the February 2005 County of Hawaii General Plan and was adopted in 2008 via Ordinance No. 08-159 by the Hawaii County Planning Commission. The subject property is located within the Puako Community as identified within the SKCDP. The requested project aligns with the following policies of the Puako Community Plan as outlined in the SKCDP. Puako Policy 1. Manage the effect of growth and development: The proposed project is the demolition of the existing single-family dwelling and the construction of a new single-family residence keeping with the surrounding areas character. The proposed project will not result in any change to the areas character or increase in density and will be built in accordance with current County and building codes. Puako Policy 3. Environmental Stewardship: The proposed project will include upgrading the existing septic system to a DOH approved aerobic advanced wastewater treatment unit which can reduce the potential for wastewater impacts to coastal areas. Additionally, the proposed project includes the removal of structures within the shoreline setback area and moving all development to areas outside the shoreline setback area, including flood improvements to mitigate flooding impacts. The development will to the extent feasible, reasonably protect native Hawaiian rights if they are found to exist.In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina" decisions, the issue relative to native Hawaiian rights, such as gathering and fishing rights, must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site. 7