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HomeMy WebLinkAboutPD Background Report Ching (PL-REZ-2023-044) ChingREZ ja.8-7-2023 COUNTY OF HAWAI`I PLANNING DEPARTMENT BACKGROUND REPORT SHAWN & STEPHANIE CHING CHANGE OF ZONE APPLICATION NO. PL-REZ-2023-000044 SHAWN & STEPHANIE CHING have submitted an application for a Change of Zone from a Family Agricultural-3 acres (FA-3a) zoning district to an Agricultural-5 acres (A-5a) zoning district for 34.559 acres of land. The subject property is located at 47-5211 Old Mamalahoa Highway, approximately 0.5 miles southeast of its intersection with Mamalahoa Road,Por. Parker Ranch, Kapoaula, Kamoku, Hamakua, Hawaii, TMK: (3) 4-7-007:048. PROPOSED ACTION 1. Applicants' Request: The applicants are requesting a Change of Zone from a Family Agricultural-3 acres (FA-3a) zoning district to an Agricultural-5 acres (A-5a) zoning district for 34.559 acres of land. The A-5a zoning district, with a minimum lot size of 5 acres, would allow a maximum density of 6 lots. The Agricultural zoning district provides for agricultural and very low density agriculturally-based residential use, encompassing rural areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriate. Requirements for establishing land uses in the Agricultural zoning district, including a list of the variety of permitted land uses, are shown in Section 25-5-70 to 77 of the Zoning Code. (Planning Department Exhibit 1 -Zoning Code Requirements for Agricultural Districts) 2. Objectives of the Request: The Change of Zone request will downzone the subject property and allow the applicants to pursue a subsequent subdivision of the property into 6 lots, consisting of a minimum size of 5 acres each. According to the applicants, 4 lots will be retained for their family and the remaining 2 lots will be sold to buyers interested in truck crop farming and/or agricultural activities consistent with the proposed A-5a zoning designation. 3. Construction Timetable and Cost: The applicants hope to complete the Change of Zone process as soon as possible and anticipate completing the subsequent subdivision process by the end of 2028. The applicants expect the cost of infrastructure improvements to be approximately $100,000, including installation of water service laterals and related water improvements. 4. Landowners: Shawn and Stephanie Ching. 5. Supporting Information: The applicants have submitted the attached in support of the request. (Planning Department Exhibit 2 - Change of Zone Application dated April 28, 2023) BACKGROUND INFORMATION 6. February 24, 1986: Change of Zone Ordinance No. 86-12 was approved to rezone 57.597 acres, including the subject property, from Agricultural 40-acres (A-40a) to Agricultural 20-acres (A-20a). 7. February 26, 1987: Final Subdivision Approval was granted for a 2-lot subdivision, creating Lot 1-A, 23.038 acres in size, and Lot 1-B, the subject property, 34.559 acres in size. 8. June 23, 2006: Change of Zone Ordinance No. 06-81 was approved to rezone the subject property from Agricultural 20-acres (A-20a) to Family Agricultural 3-acres (FA-3a). A condition of the ordinance required that final subdivision approval be secured within 5 years and while the applicant at that time submitted a subdivision application, final subdivision approval was never finalized. By letter dated November 4, 2021, the Planning Director confirmed that the subdivision would be withdrawn and removed from processing. STATE & COUNTY PLANS 9. State Land Use District: Agricultural. 10. General Plan Land Use Pattern Allocation Guide (LUPAG) MAP: Extensive Agricultural. 11. County Zoning: Family Agricultural-3 acre (FA-3a). 12. Hamakua Community Development Plan (HCDP): The HCDP was adopted by the Hawaii County Council in August, 2018, as Ordinance 2018-078. The HCDP does not include land use guide maps or policies specific to the area of the subject property. 13. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is not located within the Special Management Area and is situated approximately 6 miles from -2- the nearest coastline. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 14. Subject Property: The subject property is approximately 34.559 acres in size, triangular in shape, and slopes slightly at an average grade of 8 percent in a northerly to southerly direction. The property was initially part of a 57.597-acre that was subdivided in 1987, resulting in the current subject parcel. The property has been improved with an existing dwelling, constructed in the early 1950's, as well as a barn and tack room. The remainder of the property is used intermittently for cattle grazing and cultivation of fruit trees. 15. Surrounding Zoning/Land Uses: Surrounding properties are predominantly zoned Agricultural, including Agricultural 1-acre (A-la), Agricultural 20-acres (A-20a) and Agricultural 40-acres (A-40a). Over half a mile west of the subject property is a small area zoned Single-Family Residential 10,000-square feet (RS-10). Existing surrounding land uses include agricultural uses and vacant land, in addition to dwellings in existing subdivisions including Waimea Vacationland, Pu`ukapu Acres, Kamuela Lakeland and Wailani Ranchos. 16. Flood Insurance Rate Map (FIRM): The Department of Public Works confirmed that the subject property is situated within Zone X on the Flood Insurance Rate Map (FIRM) by FEMA, an area determined to be outside the 500-year flood plain. 17. USDA Soil Survey: Soils in this project area are classified as Honoka`a highly organic hydrous silty clay loam, 0 to 10 percent slopes, by the USDA Soil Survey. 18. Land Study Bureau's Detailed Land Classification System: Soil within the subject property is designated "C" or"Fair"by the Land Study Bureau. 19. Agricultural Lands of Importance to the State of Hawaii (ALISH): Classified as "Other Important Agricultural Land". 20. Flora/Fauna Resources: No professional flora/fauna surveys have been conducted and according to the applicants,it is unlikely that endangered floral or faunal resources exist as the property has been historically used for cattle grazing. Most of the property is dominated by Kikuyu grass and at least 3 acres have been cultivated with various fruit trees, including orange, lime, lemon, tangerine as well as coffee, avocado and peach trees. Other trees present include Cypress, Sugi and Norfolk Pine, Eucalyptus Robusta, `Ohi`a and Koa -3- trees. The applicant is not aware of the presence of endangered faunal resources, however given the elevation,it would be possible to find the Hawaiian Hawk and the Hawaiian Owl in the area. The Department of Land and Natural Resources — Forestry and Wildlife Division (DOFAW), provided recommendations to mitigate potential impacts on endangered or threatened species that may occur in the project area, specifically the `Ope`ape`a (Hawaiian Hoary Bat), `Io (Hawaiian Hawk), A`eo (Hawaiian Stilt), `Alae ke`oke`o (Hawaiian Coot), Nene (Hawaiian Goose), and Blackburn's Sphinx Moth, in addition to minimizing impacts on seabirds and avoiding the spread of invasive species. 21. Archaeological/Cultural/Historical Resources: No archaeological studies have been completed for the subject property. The applicants state they are not aware of any traditional and customary Native Hawaiian rights that are exercised in the area. The State Historic Preservation Division (SHPD)provided no objections to the requested change of zone application and stated that no historic properties will be affected by the proposed rezone. 22. Public Access: There is no known public access to the shoreline or mountain areas that run through the property. PUBLIC UTILITIES AND SERVICES 23. Vehicular Access: Access to 5 of the 6 lots will be from Old Mamalahoa Highway, a county-owned and maintained roadway with a 20-foot pavement within a 60-foot-wide right-of-way. The remaining lot will be accessed from Waokele Street, a county-owned and maintained roadway with a 10-foot pavement within a 40-foot-wide right-of-way. The Department of Public Works (DPW) notes that all driveway connections and construction shall conform to Hawaii County Code and access shall meet DPW approval. 24. Traffic: Given the small scale and scope of the project, a Traffic Impact Assessment Report(TIAR)was not required. 25. Water: According to the Department of Water Supply (DWS), water service can be made available from an existing 2-inch water line within Old Mamalahoa Highway. DWS requested remittance of a water commitment deposit to guarantee water availability for the proposed subdivision. The water commitment deposit was subsequently paid by the applicants and DWS noted that the applicants will be required to construct necessary water -4- system improvements. 26. Wastewater: The applicants note that there is no municipal sewer service to the property and that individual wastewater systems will be necessary for any new residential construction. According to the Department of Environmental Management, the applicants shall follow Department of Health regulations for wastewater disposal. 27. Solid Waste: The applicants state that household waste will be handled by commercial rubbish haulers or by individual homeowners at authorized landfill sites or transfer stations. 28. Essential Utilities and Services: Police and Fire services are available in nearby Waimea. Electric and telephone services are available to the site. AGENCIES' COMMENTS 29. Fire Department: (Planning Department Exhibit 3—May 19, 2023 memo) 30. Department of Water Supply: (Planning Department Exhibit 4 — June 6, 2023 and July 12, 2023 letters) 31. Department of Public Works —Engineering Division: (Planning Department Exhibit 5 —August 16, 2023 memo) 32. Department of Environmental Management: (Planning Department Exhibit 6—June 16, 2023 memo) 33. Department of Health: (Planning Department Exhibit 7 —May 24, 2023 memo) 34. Department of Land and Natural Resources — Division of Forestry & Wildlife: (Planning Department Exhibit 8 —June 19, 2023 memo) 35. Department of Land and Natural Resources — State Historic Preservation Division (Planning Department Exhibit 9 —June 2, 2023 memo) AGENCIES —NO COMMENT/CONCERN 36. Police Department and Department of Land and Natural Resources—Engineering and Land Divisions. AGENCIES—NO RESPONSE 37. Office of Housing and Community Development, US Fish and Wildlife Service. APPLICANTS' RESPONSE TO AGENCY COMMENTS 38. Response to Comments from Department of Water Supply: (Planning Department Exhibit 10 —June 24, 2023 letter) -5- 39. Response to Multiple Agency Comments: (Planning Department Exhibit 11 — June 24, 2023 letter) PUBLIC COMMENTS 40. No public comments have been received as of the date of this writing. -6- ZONING § 25-5-67 (e) Exceptions to the regulations for the FA district regarding heights, building site areas, building site average widths and yards, may be approved by the commission within a planned unit development. (l) Plan approval shall be required prior to the construction or installation of any new structure or development, or of any addition to an existing structure or development which is used for minor agricultural products processing. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4.) Division 7. A, Agricultural Districts. Section 25-5-70. Purpose and applicability. The A (agricultural) district provides for agricultural and very low density agriculturally-based residential use, encompassing rural areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriate. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-71. Designation of A districts. Each A (agricultural) district shall be designated on the zoning map by the symbol "A" followed by a number together with the lower case letter "a" which indicates the required or minimum number of acres for each building site. For example, A-10a means an agricultural district with a minimum building site area of ten acres. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-72. Permitted uses. (a) The following uses shall be permitted in the A district: (1) Agricultural parks. (2) Agricultural products processing, major and minor. (3) Agricultural tourism as permitted under section 25-4-15. (4) Animal hospitals. (5) Aquaculture. (6) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, arboretums, floriculture, and similar uses dealing with the growing of plants. (7) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities, where none of the recreational features are entirely enclosed in a building. (8) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (9) Crop production. (10) Dwelling, single-family, as permitted under chapter 205, Hawaii Revised Statutes and as permitted under section 25-5-77(b). (11) Farm dwellings, as permitted under section 25-5-77(b) and (c). Planning Dept. 25-91 Exhibit 1 § 25-5-72 HAWAI`I COUNTY CODE (12) Fertilizer yards utilizing only manure and soil, for commercial use. (13) Forestry. (14) Game and fish propagation. (15) Group living facilities. (16) Kennels. (17) Livestock production, provided that piggeries, apiaries, and pen feeding of livestock shall only be located on sites approved by the State department of health and the director, and must be located no closer than one thousand feet away from any major public street or from any other zoning district. (18) Public uses and structures which are necessary for agricultural practices. (19) Retention, restoration, rehabilitation, or improvement of building or sites of historic or scenic interest. (20) Riding academies, and rental or boarding stables. (21) Roadside stands for the sale of agricultural products grown on the premises. (22) Utility substations, as permitted under section 25-4-11. (23) Vehicle and equipment storage areas that are directly accessory to aquaculture, crop production, game and fish propagation, livestock grazing and livestock production. (24) Veterinary establishments. (25) Wind energy facilities. (b) The following uses may be permitted in the A district, provided that a use permit is issued for each use: (1) Golf courses and related golf course uses, including golf course driving ranges, golf maintenance buildings and golf club houses, provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the state land use agricultural district unless approved by the County before July 1, 2005. (2) Telecommunication antennas and towers. (c) The following uses may be permitted in the A district, provided that a special permit is obtained for such use if the building site is located within the State land use agricultural district: (1) Adult day care homes. (2) Airfields, heliports, and private landing strips. (3) Bed and breakfast establishments, as permitted under section 25-4-7. (4) Community buildings, as permitted under section 25-4-11. (5) Excavation or removal of natural building material or minerals, for commercial use. (6) Family child care homes. (7) Guest ranches. (8) Home occupations, as permitted under section 25-4-13. (9) Lodges. (10) Meeting facilities. (11) Model homes, as permitted under section 25-4-8. (12) Public dumps. 25-92 ZONING § 25-5-72 (13) Public uses and structures, other than those necessary for agricultural practices, as provided under section 25-4-11. (14) Temporary real estate offices, as permitted under section 25-4-8. (15) Trailer parks with density of three thousand five hundred square feet of land area per trailer, provided that plan approval is secured prior to commencing such use. (16) Uses, other than those specifically listed in this section, which meet the standards for a special permit under chapter 205, Hawaii Revised Statutes. (d) The following uses may be permitted in the A district, provided that either a use permit is issued for each use if the building site is outside of the State land use agricultural district or a special permit is issued for each use if the building site is within the State land use agricultural district: (1) Bed and breakfast establishments, as permitted under section 25-4-7. (2) Crematoriums, funeral homes, funeral services, and mortuaries. (3) Churches, temples and synagogues. (4) Day care centers. (5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (6) Major outdoor amusement and recreation facilities. (7) Medical clinics. (8) Schools. (e) Buildings and uses accessory to the uses permitted in this section shall also be permitted in the A district. (t) No building site shall be established after December 1, 1996 which shall in any way restrict or limit aquaculture, horticulture, production of crops, keeping of livestock, game and fish propagation, or the processing, sale or other commercial use of the products of such uses. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-155, sec 13; am 2010, ord 10-17, sec 6; am 2012, ord 12-28, sec 9; ord 12-124, sec 8; am 2014, ord 14-86, sec 9; am 2021, ord 21-26, sec 10.) Section 25-5-73. Height limit. The height limit in the A district shall be thirty-five feet for any residential structure, including any single-family dwelling, or farm dwelling, and forty-five feet for all other structures. The director may, however, permit by plan approval, any nonresidential agricultural structures to be constructed to a height of one hundred feet, if the director determines that the additional height above the forty-five foot height limit is necessary. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-74. Minimum building site area. The minimum building site area in the A district shall be five acres. (1996, ord 96-160, sec 2; ratified April 6, 1999.) 25-93 SUPP. 10 (7-2021) § 25-5-75 HAWAI`I COUNTY CODE Section 25-5-75. Minimum building site average width. Each building site in the A district shall have a minimum average width of two hundred feet for the first five acres of required area plus twenty feet for each additional acre of required area. Provided that no building site shall be required to have an average width greater than one thousand feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-76. Minimum yards. (a) Except as otherwise provided in this section, the minimum yards in the A district shall be thirty feet for front and rear yards, and twenty feet for side yards. (b) For accessory uses such as shade cloth structures used in controlling the amount of sunlight in the raising of plants and flowers, rear, side and front yards in the A district shall be at least ten feet, except where the A district shares common boundaries with urban zones and main government roads. (c) For accessory uses such as plastic roofed and shade cloth wooden or metal framed structures used in controlling the amount of sunlight, rainfall, wind and other elements of nature in the raising of fruits, vegetables and similar agricultural products, rear, side and front yards shall be at least ten feet except where: (1) Exterior walls of any type other than shade cloth are added to the wooden or metal framed structure; (2) The specific use allowed is abandoned; and (3) The A district shares common boundaries with urban zones and main government roads. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 1999, ord 99-110, sec 1.) Section 25-5-77. Other regulations. (a) If any legal building site in the A district has an area of less than five acres, then the yard, minimum building site average width and height requirements for the building site shall be the same as the yard and height requirements in the FA district. (b) One single-family dwelling or one farm dwelling shall be permitted on any building site in the A district. A farm dwelling is a single-family dwelling that is located on or used in connection with a farm or if the agricultural activity provides income to the family occupying the dwelling. (c) Additional farm dwellings may be permitted in the A district only upon the following conditions: (1) A farm dwelling agreement for each additional farm dwelling, on a form prepared by the director, shall be executed between the owner of the building site, any lessee having a lease on the building site with a term exceeding one year from the date of the farm dwelling agreement, and the County. The agreement shall require the dwelling to be used for farm-related purposes. 25-94 ZONING § 25-5-77 (2) The applicant shall submit an agricultural development and use program, farm plan or other evidence of the applicant's continual agricultural productivity or farming operation within the County to the director. Such plan shall also show how the farm dwelling will be utilized for farm-related purposes. (d) An ohana dwelling may be located on any building site in the A district, as permitted under article 6, division 3 of this chapter. (e) Exceptions to the regulations for the A district regarding heights, building site areas, building site average widths and yards, may be approved by the commission within a planned unit development. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4.) Division 8. IA, Intensive Agricultural Districts. Section 25-5-80. Purpose and applicability. The IA(intensive agricultural) district provides for the preservation of important agricultural lands as provided for in the general plan and characterized by a mix of small and large scale commercial farms and other agricultural operations which may include residential use in the form of farm dwellings closely tied to intensive agricultural use. The lands in the IA district are those lands which have the soil, quality, growing season, and moisture supply needed to sustain high yields of crops generally or of specific crops of statewide or local importance when managed according to modern farming methods. All IA districts shall be located within the State land use agricultural or conservation district. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-81. Designation of IA districts. The IA(intensive agricultural) district shall be designated by the symbol "IA" followed by a number together with the lower case letter "a" which indicates the required or minimum number of acres for each building site. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-82. Permitted uses. (a) The following uses shall be permitted in the IA district: (1) Agricultural parks. (2) Agricultural products processing, major and minor. (3) Agricultural tourism as permitted under section 25-4-15. (4) Aquaculture. (5) Cemeteries, as permitted under chapter 6, article 1 of this Code. (6) Crop production. (7) Farm dwellings, as permitted under sections 25-5-87(b) and (c). (8) Forestry. 25-95 CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Shawn and Stephanie Ching APPLICANT'S SIGNATURE: ....-.._. � • 1 = DATE: 4 G� ADDRESS: 928 Maunawili Road L,ua. i-lawai'i 96734-4 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: LANDOWNER(S): Shawn and Stephanie Ching LANDOWNER SIGNATURE(S): I �,r-Z.L^ DATE: 1�° :G 3 M be by letter) LANDOWNER(S) ADDRESS: 9281Glaunawili Road Kailua l lawai'i 96734-4656 REQUEST: FA-3a TO A-5a Existing zoning) (Proposed Zoning) TAX MAP KEY: 4-7-007. 048 STREET ADDRESS OF PROPERLY: 47-5211 Old Maanalahoa Highway SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 34.559 acres AGENT:_. Sidnev Fuke, Planning Consultant ADDRESS: P.O. Box 1345 Hilo. HI 96721 TELEPHONE:(Bus.) (808) 989-0640 (email)_ sidneyfukeOp-mail.com Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney Fuke COPIES: Shawn Ching Planning Dept. Exhibit 2 COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST (FA-3a to A-5a) SHAWN AND STEPHANIE CHING WAIKOEKOE, HAMAKUA, HAWAI'I TAX MAP KEY: (3) 4-7-007: 048 I. INTRODUCTION Shawn and Stephanie Ching ("Applicants") are requesting the downzoning of a 34.559 acre parcel from Family-Agriculture (FA-3a) to Agriculture (A-5a). The subject site is located in the land division of Waikoekoe and district of Hamakua on the island of Hawaii, and it is identified by TMK: 4-7-007: 048. More specifically, it is "sandwiched" between the south side of the Old Mamalahoa Highway and a Homestead Road commonly referred to as Waokele Street or Vierra Road ("Waokele Street"), approximately Y2 mile southeast of the Hawaii Belt Highway/Mud Lane junction. (Figure 1) If approved, the Applicants intends to subdivide the 34.559 acre parcel into six (6) lots, consisting of a minimum of five (5) acres each. The Applicants plan to retain at least four (4) lots for their family and possibly sell the remaining two (2) lots to persons interested in truck crop farming and/or other agricultural activities consistent with the site's proposed A-5a zoning and State Land Use Agricultural designation. II. PROJECT LOCATION As noted earlier, the subject site is essentially "sandwiched" between the south side of the Old Mamalahoa Highway and Waokele Street, about '/2 mile southeast of the Hawaii Belt Highway/Mud Lane junction. The Kamuela Lakeland Subdivision is located proximate to the subject property. A portion of the Waimea Vacationland Subdivision, with lots ranging between 8,000 to 10,000 square feet, and the 1-acre Pu'ukapu Acres Subdivision are situated proximate to the subject property. Other rural/residential subdivisions in this area include the Kamuela Lakeland and Wailani Ranchos. All of those subdivisions are zoned A-1a. (Figure 2) III. LAND USE ENTITLEMENT HISTORY The former owner of the subject property wanted to subdivide the subject property into 11 lots, retaining eight (8) for family members_ As such, the then owner requested and received approval to have the subject property rezoned from Agriculture (A-20a) to Family-Agricultural (FA-3a). 1 k(A SUBJECT PARU l ��ypy b4 pi I .�' -VICINITY MA P S ,-, * LE: I iNCH 2000 FEET FIGURE 1 ArcGIS Web Map Fk �. FA-3a -Lo A-la A-5a t The rezoning ordinance (Ordinance 06 81), which became effective on June 16, 2006, was subject to a number of conditions. (Exhibit A) Condition D required that final subdivision approval be secured within five (5) years of June 16, 2006. Pursuant to that condition, a subdivision application was timely filed in May 2007. However, it was never finalized within the five (5) year period, let alone even within an additional five (5) years that would have been possible with an administrative extension that was never requested or acted upon. As such, in a letter, dated November 4, 2021, to the former owner's surveyor, the Planning Director took action to withdraw the subdivision from further processing. (Exhibit B) Thus, the FA-3a zoning of the subject property is considered to be "in limbo". Without an amendment to extend the subdivision completion date, an application to subdivide or for that matter any use pursuant to the FA-3a zoning cannot be processed. At the same time, the property's former A-20a zoning is also not considered applicable, as it was superseded or amended by the FA-3a ordinance. IV. REQUEST AND PROJECT CONCEPT A. Request Even, if possible, the Applicants do not wish to proceed with the former owner's plans of having 11 three (3) + acre-sized lots. Instead, they wish to have only six (6) lots, consisting of a minimum of five (5) + acres in size. As such, they are requesting that the subject property be rezoned or downzoned from FA-3 to A-5a. B. Project Objective and Components The Applicants believe the site is suitable for small scale agriculture. The proposed minimum five (5) + acre sized lots would make it manageable for truck crop and/or backyard farming activities, as well as limited cattle grazing. At the same time, they prefer having and living in an area where there is more space, while being near but not too near to their neighbors. Finally, being able to have six (6) lots would enable them to convey at least one (1) lot to each of their two (2) children, while enabling them to sell at least one (1) or two (2) lots to help defray the cost associated with having the land subdivided. Thus, they believe that having the minimum five (5) + acre lots would better further those objectives than the smaller three (3) + acre lots. 2 As noted earlier, the Applicants' plans call for the subject site to be subdivided into six (6) lots, with each lot consisting of a minimum of five (5) + acres. As proposed, five (5) lots would consist of slightly more than five (5) acres, while the remaining lot would consist of nine (9) + acres. With the exception of the largest lot, all lots would have access from the Old Mamalahoa Highway. The remaining and largest lot would have access from Waokele Street. (Figure 3) The Applicants reside periodically in an existing dwelling situated at the western end of the subject site. Once the land is subdivided, however, they may choose to construct and live in a new dwelling on one of the other lots. It is understood that the subdivision plan submitted herein may change prior to receipt of final subdivision approval to accommodate the Applicants' plans as well as to comply with County subdivision requirements and appropriate zoning conditions of approval. C. Project Timetable and Cost The Applicants hope to secure the necessary County rezoning approval as soon as possible and begin the subdivision process as soon as feasible. Tentatively, barring any processing glitches, the Applicants would like to have the land subdivided before the end of 2028 or sooner. The cost of the infrastructure improvements is estimated at $100,000. This would largely to provide the needed water service laterals and related water improvements. IV. INSTITUTIONAL CONSIDERATIONS This section merely summarizes the principal land use regulations affecting the subject property. A discussion of the relationship of these regulations relative to the request is found in Chapter IX - Regulatory Analysis. A. State Land Use The entire site is within the State Land Use Agricultural district. The proposed five (5) acre lot size and intended agricultural use would be consistent with the rules and regulations governing the State Land Use Agricultural District. Hence, there is no need to have the district boundary amended. 3 ` 3 OL \ � �, � )� � ■ E- C \ H\ J - a f�\ \ \ Il � ! � % coo R§ 3 \ k} _o \ ? \ (o \/] }� o ( .00 . x & � . 8 / z EL `$\ & �—" ( » ! , 4 _ } � � ; t } - ! � - - ji � - - FGURE3 r\\ B. County General Plan The County General Plan Land Use Pattern Allocation Guide ("LUPAG") map designates the site Extensive Agriculture. While the LUPAG is not designed to be specifically measurable, the Extensive Agriculture designation was confirmed when the subject site was rezoned in 2006. The General Plan has not been amended since that determination. According to the General Plan, lands designated Extensive Agriculture include lands "that are not capable of producing sustained, high agricultural yields without the intensive application of modern farming methods and technologies due to certain physical constraints such as soil composition, slope, machine tillability, and climate." Based on the requested A-5a designation, the project would be consistent with the General Plan LUPAG map, and no amendment to the map is needed. The project is also consistent with and implements the pertinent policies of the General Plan. This will be covered in Chapter IX — Regulatory Analysis. C. Hamakua Community Development Plan Adopted in 2018, the Hamakua Community Development Plan ("CDP") was developed with a 20-year time horizon with a planning area that included the subject property and the judicial districts of Hamakua and North Hilo, and a portion of the South Hilo district commonly referred to as Rural South Hilo. The HCDP did not recommend land use policies specific to the Waiko'eko'e section of Hamakua, where the subject property is situated. The project's relationship with the CDP will be covered in more detail in Chapter IX— Regulatory Analysis. D. County Zoning The County zoning of the subject property is FA-3a. However, because the zoning was subject to a rezoning action with conditions (Ordinance No. 06 81), with time sensitive and performance conditions not having been met, its validity is questionable. Regardless of the legitimacy of the subject site's FA-3a zoning, from a technical perspective, the A-5a zoning request would be tantamount to a "downzoning". 4 Notwithstanding that situation, for the purpose of this report and application, the request will be discussed and justified on the merits of the site being appropriate for an A-5a zoning. Having said that, the properties in the general area, particularly in the vicinity of the area between the subject site and the Belt Highway are zoned A-1a, as noted in the zoning map. (Figure 2) This would include the existing subdivisions such as the Waimea Vacationland Subdivision, Pu'ukapu Acres, Kamuela Lakeland, and Wailani Ranchos_ If approved, the site would be subdivided in a manner meeting with both the Zoning and Subdivision Codes. Further, all uses and standards consistent with the requested A-5a zone would be adhered to. E. SMA Objectives and Policies The site is not located within the County Special Management Area ("SMA"). As such, no SMA Use Permit would be required. However, as the entire island falls within the State Coastal Zone Management ("CZM") Area, a discussion of the request's relationship to the CZM Program will be covered in Chapter IX — Regulatory Analysis. F. Other Permitting Requirements As noted earlier, other permits would still be required. These would be of the "ministerial" variety, such as Subdivision Approval, grading permit, right-of-way permit, and the like. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The subject parcel is located on the northern slope of Mauna Kea, over six (6) miles from the nearest shoreline. The parcel is gently sloping, with an average slope of about eight (8) percent. The southern end is fairly level with slopes ranging from two (2) to five (5) percent. The northern section of the property ranges from two (2) to 10 percent. It has an elevation that ranges from 2,500 to 3,000 feet above mean sea level. The mean annual rainfall in this area is approximately 80 inches. The wetter months tend to occur between March through September. The mean annual temperature is about 70 degrees Fahrenheit to the lower 5 80's. Because the site is situated on the somewhat windward side of the island, winds tend to be trade and variable. Slight northeasterly winds occur during the day, while westerly or mountain winds are prevalent during the evenings. The subject parcel is somewhat triangular in shape. Its longest points front the Old Mamalahoa Highway and Waokele Street. (Figure 3) The site has an existing dwelling constructed in the early 1950's used as a ranch house, as well as a barn and tack room. The site has and continues to be used intermittently for cattle grazing and cultivation of some fruit trees. B. Soils and Topography The topography of the site slopes slightly at about an average grade of eight (8) percent in a northerly to southerly direction. The USDA Soil Survey Report identifies soil on this site as of the "Maile Silt Loam" (MLD) series, with a 6-20% slope. This type of soil is characterized as well-drained, silt clay loams that formed in volcanic ash. Permeability is moderately rapid, runoff is slow, and the erosion hazard is slight. This type of soil is typical of pasture, woodland, and truck crops. The Land Study Bureau Overall Master Productivity Rating for the subject area is essentially Class "C" or fair (C-120). This soil type has a fair productivity potential for agricultural crops. It is described to be of the Kukaiau, Kaumoali, and Kukuihaele series with deep, moderately fine textured soil. The soil color is dark brown, and the parent material is volcanic ash. It is well drained but moist and is moderately suited for machine tillability. The State of Hawaii's Agricultural Lands of Importance to the State of Hawaii ("ALISH") maps classify most of this site as being "Other Important Agricultural Land." While not "Prime," that designation refers to lands that have statewide or local importance for agricultural use. C. Natural Hazards 1. Drainage The Federal Emergency Management Agency's Flood Insurance Rate Map ("FIRM") designates the area of the proposed development to be in Zone X (areas outside of 500-year flood). 6 As no on-site infrastructure —such as a new road or water line — is anticipated, there should be no added level of impervious surface that should require the installation of drywells to contain surface or project generated water. While unlikely, if there are any existing or potential drainage ways, they will be designated on the final subdivision plat maps. As such, any potential flooding of the site will be addressed during the subdivision review and approval process. 2. Tsunami Hazard As the site is located over six (6) miles from the ocean, it is located outside of the Civil Defense's Tsunami Evacuation Zone. 3. Volcanic and Earthquake Hazards The United States Geological Survey classifies this area to be within Lava Flow Hazard Zone 8, on a scale of ascending risk, 9 to 1. The risk is thus relatively low in this area. This is compared to the City of Hilo where it has been classified as Zone 3. There is very little that can be done to mitigate this situation and reflects an ongoing threat to all residents and businesses. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, the Applicants understand and accept that there may be added structural requirements to address this seismic hazard for any new improvements. D. Flora/Fauna Although there were no professional surveys conducted of the floral or faunal resources of the site, the Applicants do not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. The site has already been used for cattle grazing in the recent past. As such, for the most part, the flora of the site is dominated by kikuya grass. However, over time, at least three (3) acres were cultivated in various fruit trees - such as orange, lime, lemon, and tangerine —as well as coffee, avocado, and peach trees. There are scatterings of cypress, Sugi and Norfolk pine, Robusta Eucalyptus, and ohia and koa trees throughout the site. 7 Although only the ohia tree is native, it— like the others identified above — is not listed for inclusions on or considered endangered on either the National or State registers. Thus, floral impacts should be minimal. This site is not known to be a habitat for any rare or endangered animal life. Given its elevation plus the stand of trees north of the subject site, however, it would be possible to find the Hawaiian Hawk (Fo) and the Hawaiian Owl (Pueo) flying in the area. If needed, appropriate protocols outlined by the State Department of Land and Natural Resources - Division of Forestry relative to tree cutting can be observed. E. Historic/Cultural/Archaeological Resources As the site was and continues to be used for cattle grazing and other crops, an archaeological inventory survey of the subject site was not performed. In conjunction with the consideration for the FA-3a rezoning request in 2007, it was represented that the site did not have any archaeological or cultural resources. Although a letter requesting a determination of "no historic properties affected"from the Department of Land and Natural Resources — Historic Preservation Division ("SHPD")was submitted then, to date, there has been no response. Notwithstanding the above, during the course of improving the site, should any unanticipated archaeological features or sites be uncovered, work will cease, and the Applicants will immediately notify the Planning Department and SHPD. F. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated tradition and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. It was represented by the prior landowner in its application as well as the Applicants that neither of them observed any native Hawaiians using the subject or immediate surrounding area in the recent past for the gathering of plants nor learned of any information to that effect from area residents. The property itself, historically and currently maintained for cattle grazing, 8 should not suggest any culturally-valued resources. However, in the unlikely event that legitimate gathering claims are made by native Hawaiians, the Applicants intend to respect and honor such claims and provide the needed access within the site. Further, there is no designated or known access on the subject property to either the shoreline or mountain. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. G. Water and Coastal Resources The subject site is located over six (6) miles from the coastline. As such, coastal impacts resulting from discharge of wastewater systems from the site should not be significant. Further, being a non-coastal property, no coastal access will be affected. Wastewater from the project will be serviced with a private wastewater disposal system meeting with the approval and requirements of the State Department of Health. This will probably be a septic system or equivalent for each of the lots. H. Noise, Air Quality, and Dust The Old Mamalahoa Highway borders the north end of the subject site and will serve as the main access to five (5) of the proposed six (6) lot project. This Highway, however, is used more for local traffic, as this former "around the island" roadway was replaced by the Belt Highway. The Belt Highway is located further north, and impacts will probably be more from that Highway instead of the Old Mamalahoa Highway. As the Belt Highway is the major island highway, the ambient traffic level in this area can be periodically high, especially by commercial trucks. As such, because this project will generate only five (5) more agricultural lots, the corresponding traffic noise level generated by this project should not be significant. There may, however, be short-term noise impacts associated with the construction of some of the required infrastructure (such as water systems) for the proposed subdivision. Contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Health. 9 The proposed development should not generate any significant and direct air quality impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site as well as farm vehicles operating within the project site. While there will be an impact to the ambient air quality, the impact should not be significant. Further, the trade wind patterns in this area should help dissipate any potential air quality impacts. Additionally, with higher EPA standards for automobile air emissions, the air quality impact should not be significant. I. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site. However, there were a few examples cited in this area. Most notable would be the views of Mauna Kea and Waipio Valley. The proposed development would not have any visual impact on Mauna Kea. The public view of Mauna Kea in this area is from the Belt Highway. Further, the low density nature of this agricultural project and the height of Mauna Kea, the views of Mauna Kea from the Old Mamalahoa and Belt Highway should be minimal, if at all. Likewise, the view of Waipio Valley from the Old Mamalahoa Highway should not be impacted, as the Valley is not visible from that Highway in this area, and the subject site is located on the opposite side of the Highway. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The land uses in this area are a mixture of rural-urban and non-intensive agricultural uses. The rural-urban area (in spite of their A-9a zoning and State Land Use Agricultural designation) is primarily the non-conforming subdivisions of Waimea Vacationland with lots ranging between 8,000 to 10,000 square feet, the 1-acre Pu'ukapu Acres, Kamuela Lakeland, and Wailani Ranchos. Other properties on the Hamakua side of the subject site are essentially used for cattle grazing and zoned A-40a. (Figure 2) While within the district of Hamakua, the subject site is closer to the Village of Waimea than Honoka'a. It is about four (4) miles to Waimea and six (6) or more miles to Honoka'a. 10 Given the existing and zoned conditions, the proposed subdivision would not be incongruous with the emerging rural-agricultural pattern of this area. B. Economic Impacts The requested zoning would have some measure of economic impact, as it would enhance the potential for the subject site to be more intensively utilized for subsistence and possibly more intensive family-oriented truck- crop farming. Currently, many of the lots in this area are either too small for productive cattle grazing (unless adjoining parcels are assembled) or too large for more intensive family-oriented farming. Additionally, there would be some small short-term construction activity during the development of the infrastructure for the subdivision as well as the eventual construction of farm dwellings on each of the lots. C. Agricultural Impacts As noted above, the requested zoning would have some measure of economic impact, as it would create additional farm lots that would be more suitable for families rather than corporate activity. As such, the proposed subdivision should help enhance the potential to have more agricultural activity on the site rather than the site's existing limited agricultural use vis a vis, cattle grazing. Furthermore, the Applicants anticipate lot owners would be interested in cultivating small-scale cottage or gourmet type of food products. These may tentatively include tea, ohelo berries, fruit trees, and the like. In so doing, these uses could help serve as catalyst for the site to be used more intensively for small-scale truck crop farming by other purchasers. As such, with direct agricultural use plus the added tax revenues, the project could have some positive influence on the island and area's economy. VII. INFRASTRUCTURE CONSIDERATIONS A. Road Access to five (5) of the six (6) lots would be from the Old Mamalahoa Highway, a County road with a minimum pavement of 20 feet (with grassed shoulders within a 60-foot wide right-of-way. The other lot would have its access from Waokele Street, a County owned and maintained 11 road with a 10-foot wide pavement and grassed shoulder within a 40-foot wide right-of-way. B. Water Water is available from a 2-inch line along Waokele Street, as well as a 2- inch line along the Old Mamalahoa Highway. The subject site is currently serviced with two (2) water meters. A 1-inch meter fronts Waokele Street and serves proposed Lot 1-B-1 located at the apex or corner of Waokele Street/Old Mamalahoa Highway. The other meter, a 5/8th inch meter, is located fronting the Old Mamalahoa Highway fronting proposed Lot 1-13- 2-D. While potable water is sufficient for domestic use, it should be noted that the area's average annual rainfall of nearly 80 inches should enable farming activity without deeply tapping into the potable water source. C. Wastewater There is no County wastewater system in this area. As such, a septic tank or equivalent, meeting with the approval of the Department of Health, will be developed. This improvement will be done by the respective landowner in conjunction with the issuance of a building permit for a farm dwelling. D. Solid Waste Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. With the requested A-5a zoning, the potential for uses associated with toxic or related chemical waste would be minimal, if at all. It should be noted that while making the on-site infrastructure improvements, the Applicants intend to retain most of the vegetation on the site and use it for composting and/or fill on the site. Thus, construction waste from this project should not be significant, while post construction activity should be equal to a typical domestic use. E. Other Government Services As this area is already proximate to the Waimea and Honoka'a urban areas, it is already being serviced. No significant extension of government services would be required. The nearest fire and police stations and hospital are located in Waimea about four (4) miles to the west and Honoka'a, approximately six (6) miles to the east. 12 In these areas, K-8 public schools are available, while students between grades 9 to 12 would attend Honoka'a, where there are also playgrounds and tennis courts. As such, the project should not result in the extension of any government services. Further, the required public facilities are located reasonably proximate to the subject site. F. Other Utilities All other utilities such as telephone, cable, and electrical services are available at the site. Vill. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-Term Productivity If the request were denied, the short-term use of the site would probably continue in low level cattle grazing activity. The Applicants may eventually construct an additional farm dwelling on the parcel or elect to sell the property. Given the site's soil classification "C" characteristics, the provision of smaller lots could result in greater agricultural utilization of the property. Leaving the land in its large tract would make the land suitable only for cattle grazing. Admittedly, while cattle grazing is an agricultural activity, large lots do not provide opportunities for more intensive agricultural opportunities, aside from corporate ventures. Thus, from a long-term productivity standpoint, the proposed 6-lot agricultural subdivision would provide a heightened level of possibility in having the land used for more intensive agricultural activity, while addressing the personal needs of the Applicants in having their respective parcel of farmland. B. Irreversible and Irretrievable Commitment of Resources Having been used for cattle grazing with some fruit trees, the subject site is already disturbed. As such, the project should not result in an irreversible commitment of natural or archaeological resources. The soil on the parcel has been classified "C" or "fair" by the Land Study Bureau, representing fair agricultural potential. It is thus maintained that 13 the creation of the 6-lot subdivision should foster and enhance, instead of removing this land from its more intensive future agricultural potential. C. Mitigative Measures To implement this project, the Applicants will have to make some infrastructure improvements. There will also be improvements to the site once the land is subdivided. As such, during all construction phases of this project, contractors will be obligated to comply with appropriate State noise and air quality standards. Should further unanticipated archaeological finds be discovered in conjunction with the development of the site, work will stop (as is required by the State and County) and appropriate clearances from SHPD and the County will be secured before work is resumed. There is no platted existing drainage way on the property. Nevertheless, any and all required grading or grubbing work will be done in conjunction with the required permits and/or Soil Conservation Service ("SCS") Agricultural Plan. This is to ensure that the development of this site would not adversely affect the drainage of the surrounding areas. Finally, there will be no person or business to be dislocated by this project. D. Alternatives to the Proposed Project 1. No Proiect Under the status quo alternative, the site could continue to remain in its quasi-fallow state and used intermittently for cattle grazing with limited fruit trees. The site could also be sold to one who may be interested in farming the site or using it only as a residence. The former option may not be feasible, given the current price of properties. Given the soil's semi-arable characteristics and the demand for small farm lots, the site would not be utilized to its fullest agricultural potential. Having smaller lots in this area enables homeowners to do more intensive backyard type of agricultural activities. In so doing, the use of the land for farming — albeit small — becomes a little more sustainable. 14 As such, in light of the current mixture of land uses and lot sizes in this area and proximity to urban areas, the site may not be utilized to its fullest agricultural potential if developed under the existing A-40a zoning. 2. Alternative Density Under this alternative, the Applicants could seek a time extension to continue with a 11-lot project consistent with the FA-3a zoning. They could also seek FA-1a zoning as well. Both of those zoning categories could arguably be consistent from a land use perspective with the non-conforming smaller residential lots in this area. Such an approach, however, may not be compatible with the policy of trying to foster more family-oriented types of agricultural activities, such as truck crops, in this area. Furthermore, it may not be consistent with the rural lifestyle of the area south of the subject site. 3. Evaluation of Alternatives The project's impacts to the area's social and physical infrastructure would not appear to be pronounced. Certain mitigative measures will be taken to address any possible impacts associated with the development of this project. Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. Under the proposal, the land would be used more intensively for agricultural pursuits. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested A-5a alternative. IX. REGULATORY ANALYSIS A. General Plan LUPAG Map The General Plan provides for the long-range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. The County General Plan Land Use Pattern Allocation Guide (LUPAG) map for the most part designates the site Extensive Agriculture. Those lands are described as lands "that are not capable of producing sustained, high agricultural yields without the intensive application of 15 modern farming methods and technologies due to certain physical constraints such as soil composition, slope, machine tillability, and climate." Based on the requested A-5a zoning, the project would be consistent with the General Plan LUPAG designation, and no amendments would be required. B. General Plan Polices The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. For one, it may provide limited short-term economic opportunities largely through the construction of any improvements required for the subdivision. More importantly, however, longer-term opportunities would be created largely in the form of family-oriented truck farms. In so doing, the resultant project should add revenues to the County and State coffers. The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of the natural elements. Green waste would be used on site. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) areas of environmental concerns - air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not be violative of any of those objectives. Aside from vehicular and farm equipment transmission, air pollution associated with the project should be negligible. All wastewater systems would be consistent with the requirement of the State Department of Health. This should be sufficient to address any potential groundwater or coastal water impacts. The Applicants will have lot owners practice waste conservation measures, largely through the retention of green wastes for composting. The project will also not be a noisy one, except as may be associated with a typical residence and the agricultural operations. Any noise- generating facility - such as generators -would be carefully placed to minimize their noise impacts to adjoining properties. Further, it is unlikely that this site would be used as a processing plant, as it would be more economical to send the grown products elsewhere. 16 The project area is outside of any officially designated floodway. Nonetheless, in conjunction with any land disturbance activity associated with the development and use of the property, a drainage system will be designed in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. In addition to securing the appropriate grading or grubbing permit from the County, this could also be accomplished through having an approved SCS agricultural conservation plan. As the site has been fully improved in the past, it would not appear to have any archaeological sites. Nonetheless, work will cease if unanticipated archaeological remains are discovered while continuing farming operations. Work will resume only after proper clearances from the SHPD and County have been received. Being fully disturbed, the prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. As the A-5a zoning would allow a farm dwelling, the project will indirectly fulfill the objectives of the housing element by creating additional lots. Even if only six (6) lots were realized, the project would still provide lots while enhancing the site's agricultural potential. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project has been used in a manner where it blends with the existing terrain. Furthermore, the project should not impede the views of Mauna Kea or Waipio Valley from the Belt Highway or the Old Mamalahoa Highway. As the project site is over six (6) miles from the ocean, the usual coastal resources concern is absent or not pronounced. There will be no interference with shoreline access. Then, too, through the use of a Department of Health approved wastewater system, impacts to the coastal water will be minimized. There will be little impact on public facilities. The wastewater will be private. The Applicants will provide the required infrastructure to service the lots. Schools and other public facilities are also located proximate to the site, most of them being less than four (4) miles away in the town of Waimea or six (6) miles in the town of Honoka'a. In terms of the Land Use -Agricultural Elements, the pertinent goals, policies, and standards of the General Plan note the following: 17 Goals • Identify, protect and maintain important agriculture lands on the island of Hawaii. • Preserve the agricultural character of the island. • Preserve and enhance opportunities for the expansion of Hawaii's Agricultural Industry. Policies • Assist in the development of basic resources such as water, roads, transportation and distribution facilities for the agricultural industry. • Designate, protect and maintain important agricultural lands from urban encroachments. • Support the development of private and State agricultural parks to make agricultural land available for agricultural activities. • Assist in the development of agriculture. • Encourage other compatible economic uses that complement existing agricultural and pastoral activities. • Important agriculture lands shall not be rezoned to parcels too small to support economically viable farming units. Courses of Action Finally, as the site sits in the Hamakua District, yet is proximate to the South Kohala District, pertinent Courses of Action of the General Plan for both districts are being used. In this case: District of South Kohala Economic Element • Assist in the development of agriculture by protecting important agricultural land from urbanization, providing or having provided the necessary capital improvements, such as water, and working cooperatively with the agricultural sector and government. 18 Land Use -Agriculture • Protect important agricultural lands from urban encroachment. • Encourage buffer zones or compatible uses between important agricultural land and adjacent uses of land. District of Hamakua Economic Element • Assist the further development of agriculture and continue to cooperate with the agricultural sector and other appropriate agencies to provide the necessary services to assist agriculture. Land Use -Agriculture • Encourage large landowners to make agricultural lands available for agriculture. In view of the foregoing goals, policies, and courses of action, the requested zoning would not only be consistent with the General Plan LUPAG map designations of Extensive Agriculture designations of the LUPAG map, but its goals, policies, and objectives. It would be compatible with the surrounding area. There are agriculturally zoned properties adjacent and proximate to the subject site. The project would still maintain the agricultural character of this general area, albeit in a more intensive manner. It would also serve as a "buffer" to the non- conforming rural/residential sized lots west of the subject site. The soil of the site is classified as "C" or fair. The project will result in the further development of the site's agricultural resources and its eventual productive agricultural uses. This project should thus result in the more intensive agricultural use of the site rather than its current intermittent cattle grazing activity. While not a government agricultural project, this project would achieve the goal of a private agricultural park, while providing all of the basic infrastructure required that would enable the land to be used more productively for farming purposes. 19 The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. C. Community Development Plan ("CDP") Section 15.1 of the County General Plan called for the development and eventual County Council adoption of Community Development Plans. The General Plan states that the CDP "will translate the broad General Plan statements to specific actions as they apply to specific geographical areas." The General Plan also notes that should the CDP require a General Plan amendment, it could be considered concurrent with the adoption of the CDP. However, "If there is a direct conflict between the Community Development Plan and the General Plan, the General Plan shall be controlling." Pursuant to that, the Hamakua CDP was adopted in 2018. Relative to the subject area, the Hamakua CDP did not recommend any land use policies specific to the Waiko'eke'o section of Hamakua, where the property is situated. Nonetheless, it did express the relevant general policies and objectives for land use and settlement patterns within the planning area (which includes the subject property). These are: • To reduce rural sprawl and infrastructure costs, it focuses future residential development in existing villages and towns and seeks to preserve large productive agricultural lands for agriculture by accommodating rural-residential development close to these urban centers. • Protect and restore viable agricultural lands and resources. • Protect and enhance viewscapes and open spaces that exemplify Hamakua's rural character. The requested A-5a zoning will provide a minimum lot size that is more conductive to extensive agricultural activities appropriate with the carrying capacity of its soils and consistent with its General Plan LUPAG designation for Extensive Agricultural uses. The project will offer more agricultural opportunities to occur than on the larger parcel. Further, by having the property downzoned and thus reducing the number of lots from 11 to six (6), it helps foster the concept of sprawl reduction. The subject site is situated at least 1,700 fee mauka or south of Highway 19. As such, it is elevated above the Highway. That combined with its distance, and the existing stand of cypress trees, the visual impact of the 20 project from the Highway and other known natural resource area such as Waipio Valley, should not be significant, if at all. Inasmuch as the site is also located proximate to the South Kohala District, some discussion of this project's relationship to the South Kohala CDP, which was adopted in 2008, is appropriate. While there is a Waimea Town Plan portion of the CDP, that Plan does not extend to the South Kohala District boundary closest to the subject site. However, about two (2) miles west of the subject site and closer to Waimea town, the "Conceptual Plan" (Figure 4.4) of the CDP describes that area as being in the "Small Farms and Ranches Preservation Program". Pursuant to that direction, a project within that area was recently rezoned in the A-5a district. As such, if this concept were extended to the edge of the South Kohala District proximate to this site, the proposed A-5a zoning of this site would fulfill that concept. The CDP also identified several land use policies and strategies to implement these policies for Waimea Town. These and their relationship to the requested rezoning are discussed below. Policy 1: Preservation of Waimea's Sense of Place. • Five (5) of the seven (7) identified strategies definitely do not apply. These are acquisition of critical open space; protection of important cultural and historic sites, structures, and landscapes; expansion of the Lalamilo Farm Lots; protection of the Pu'u, and encourage design and architectural guidelines that promote Waimea's paniolo heritage. • The other two (2) have some measure of relationship. These are encouraging small-scale farming through expanded tax credit and recognition and protection of significant trees and other plants in Waimea. Although the policy relates to tax credit, the focus here was on its use to encourage small farms. The project will result in the creation of small farms, and thus, the project will be implementing this policy. There are no significant tree lines or plants on the subject property. The desired tree lines fall in the pu'u protection zone further west of the subject site. 21 Policy 2: "Responsible Growth": Moderate the Pace of Growth and Change in Waimea. • Like the above, Strategies 2.2 (working with Parker Ranch on its Parker 2020 Plan); 2.3 (revision of the Subdivision Code); 2.4 (amending the General Plan); and 2.5 (secondary commercial center) do not directly apply to the requested rezoning. • Relative to Strategy 2.1 relating to land use decisions that protect important agricultural lands or culturally, visually sensitive areas, the requested rezoning would not be contrary to that strategy. The rezoning would foster greater agricultural use of a currently agriculturally underutilized property. Policy 3: Environmental Stewardship. • There is only one strategy— Protection of Important Agricultural land. The requested rezoning would NOT remove any actively used agricultural lands. The subject area is used intermittently for cattle grazing and given its soil classification, has greater agricultural potential. Thus, the requested rezoning, by making more small farm lots available — as articulated in the CDP—would enhance rather than detract from this policy. Policy 4: Develop Affordable Housing For Waimea. This policy is not directly applicable, although the provision of the five (5) additional lots would enable the construction of a residential farm dwelling on each lot. Policy 5. Timely Implementation of Needed Transportation and Circulation Improvements. This policy is also not applicable. Of the eight (8) identified strategies, four (4) talk about trails and bikeways. None of these relate to this area of Hamakua. The remaining four (4) discuss traffic improvements within the Town and connector roads, and the subject site is not affected by any of those roads. D. Zoning and Subdivision The Zoning Code outlines the purpose and applicability of every identified zone. Relative to the requested Agriculture zone, the Code notes that it 22 "provides for agricultural and very low density agriculturally based residential use, encompassing rural areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriate." The designated zoning of the site is FA-3a. Should the A-5a zoning be approved and the land subdivided, it will result in the creation of five (5) more lots. Even larger than a 3-acre project, the 5-acre project would still result in having smaller sized lots, that will still be "very low density agriculturally based residential use"while "encompassing rural areas of good to marginal agricultural and grazing land...where urbanization is not found to be appropriate." It is clear that this project will make more housing and small-scale agricultural opportunities available in a rural environment. If approved, the requirements of the zoning and subdivision codes would be complied with, including use and related development standards. E. SMA Objectives and Policies The site is not located within the County SMA. As such, no SMA Use Permit is required. However, as the entire island falls within the CZM Area, a discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean. It is located more than six (6) miles from the shoreline. As such, the proposed action should not have any adverse impacts on the area's coastal recreational and marine resources nor have any impacts on beach protection. The likelihood of this improvement having any impact on the area's historic resources is remote. As the site was previously cleared and used for cattle grazing and fruit trees, it would appear that there are no archaeological features or resources within the area of the proposed improvements. Should there be any inadvertent finds during development of the subdivision, work will stop until clearances are received from the appropriate County and State agencies. The proposed action will involve the construction of improvements in a rural-agricultural setting. Accordingly, there is a potential visual impact to the area's scenic and open space resources. However, the project would involve the eventual construction of a farm dwelling on each of the proposed lots. Further, while the site is visible from the Old Mamalahoa Highway and the Belt Highway, the visual impacts to either Waipio Valley 23 or Mauna Kea should not be significant, if at all. Waipio Valley is not visible from the site; from the Belt Highway, the views of any future structures on the site should not impede the views of Mauna Kea. Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located over six (6) miles from the ocean. Further, the nature of an agricultural subdivision and the construction of only six (6) private wastewater systems for the farm dwellings are such that potential coastal ecosystem impacts should not be significant. The proposed action will result in creating the potential for small-scale agricultural farm lots in this area. Although at least four (4) will be reserved for the Applicants, and the remaining two (2) lots will be available. This should provide additional opportunities for more intensive farming, as opposed to its current passive pastoral use. In so doing, the project could aid the agricultural economy and the overall economic use of this site and the area in general. As noted earlier, because of its distance from the shoreline, the site should not be subject to coastal hazards. Relative to the managing development objective, this function is more applicable to the "authority" or approving agencies. However, it is noted that the request would operate and be constructed within the scope of the Zoning Code. The subject site would be zoned A-5a, and the requested use and design/parameters (parking, height, setback, etc.) would be consistent with said zoning. In that regard, the project would be consistent with this policy. Finally, in terms of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the public hearing process required pursuant to the Planning Commission's Rules and County Council's meetings on this application. A sign of this application will be posted on the property; further, the Applicants will send notices to surrounding property owners informing them of the submittal of the application, and later, of the date, time, and place of the public hearing. Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies, and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205-A-23, HRS and Planning Commission Rule No. 9 relating to Special Management Area. 24 dptY 9F ey� COUNTY OF HAWAI`I - �� STATE OF HAWAII �T!O►Mp� BILL NO. 237 ORDINANCE NO. 66 81 AN ORDINANCE AMENDING SECTION 25-8-15 (HAMAKUA DISTRICT ZONE MAP), ARTICLE 8,CHAPTER 25 (ZONING CODE)OF THE HAWAPI COUNTY CODE 1983 (2005 EDTFION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL(A-20a)TO FAMILY AGRICULTURAL(FA-3a)AT WAIKOEKOE, HAMAKUA, HAWAI`I, COVERED BY TAX MAP KEY 4-7-007:048. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: SECTION 1. Section 25-8-15,Article 8,Chapter 25(Zoning Code)of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waikoekoe, Hainakua, Hawaii, shall be Family Agricultural(FA-3a): Beginning at the Northwesterly comer of this parcel of land,being a point on the Southerly side of Old Belt Road(Old Mamalahoa Highway) and on the Northeasterly side of Homestead Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station"WAIMEA(EAST BASE)"being 7,387.76 feet North and 11,933.25 feet East and running by azimuths measured clockwise from True South: Thence, for the next seven (7)courses following along the Southerly side of Old Belt Road(Old Mamalahoa Highway): 1. 267" 21' 300.78 feet to a point; Thence, following on a curve to the left with a radius of 1,805.00 feet,the chord azimuth and distance being: 2. 265° 24' 122.84 feet to a point; 3. 2630 27' 158.31 feet to a point; -I- EXHIBIT A Thence, following on a curve to the left with a radius of 6,690.00 feet,the chord azimuth and distance being: 4. 2620 55' 45" 121.63 feet to a point; 5. 2620 24' 30" 111.74 feet to a point; Thence, following on a curve to the left with a radius of 3,255.00 feet,the chord azimuth and distance being: 6. 2600 59' 161.89 feet to a point; 7. 2590 33' 30" 1,042.12 feet to a point; 8. 3500 14' 30" 1,546.36 feet along Lot 1-A and along the remainder of Land Commission Award 8559-B, Apana 2 to William C. Lunalilo(Certificate of Boundaries No. 33)to a point; 9. 118" 44' 2,575.65 feet along the Northerly side of Homestead Road to the point of beginning and containing an area of 34.559 Acres. All as shown on the map attached hereto, marked Exhibit "A"and by reference made a part hereof SECTION 2. In accordance with Section 25-2-44,Hawai`i County Code 1983 (2005 Edition),the County Council finds the following conditions are: (1) Necessary to prevent circumstances which maybe adverse to the public health, safety and welfare;or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use,or (B) Fulfillment of the need for public service demands created by the proposed use. -2- A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its"Water Commitment Guidelines Policy" within ninety days from the effective date of this ordinance. C. The applicant shall comply with the construction improvements and installation requirements,meeting with the approval of the Department of Water Supply,prior to Final Subdivision Approval. D. Final Subdivision Approval shall be secured within five(5)years from the effective date of this ordinance. E. Restrictive covenants in the deeds of all the proposed lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s)to be recorded with the State of Hawaii Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. F. All development generated runoff shall be disposed of on site and not be directed toward any adjacent properties. -3- G. The applicant shall provide a 5-foot wide future road widening setback along the entire property frontage of Vierra Road. H. The applicant shall widen the pavement width of Vierra Road to a minimum of 20 feet along the entire property frontage meeting with the approval of the Department of Public Works. The applicant shall also comply with any required utility relocation meeting with the approval of the Department of Public Works. I. All driveway connections to Old Mamalahoa Highway and Vierra Road shall conform to Chapter 22,County Streets,of the Hawaii County Code. J. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to issuance of a construction permit. Any recommended drainage improvements,if required, shall be constructed meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. K. The method of sewage disposal shall meet with the requirements of the State Department of Health. L. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. M. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1,Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Subdivision Approval. -4- N. The public benefits of the County Affordable Housing requirement shall not be substantially diluted by the transfer or sale of property to a family member(s). O. Should any remains of historic sites,such as rock wails,terraces,platforms, marine shell concentrations or human burials be encountered,work in the immediate area shall cease and the Department of Land and Natural Resources -- State Historic Preservation Division(DLNR-HPD)shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR- HPD when it finds that sufficient mitigation measures have been taken. P. The applicant shall inform lot purchasers of any restrictions on the use of the property that may result from its location within the state land use agricultural district,including any applicable laws regarding dwellings on the property. Q. Comply with all applicable County,State and Federal Laws,rules,regulations and requirements. R. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of enactment of the ordinance. The report shall include,but not be limited to,the status of the development and the extent to which the conditions of approval have been satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. S. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: -5- 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance(i.e.,a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant should require an additional extension of time,the Planning Department shall submit the applicant's request to the County Council for appropriate action. T. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declared invalid,such invalidity shall not affect the other parts of this ordinance. -6- SECTION 4. This ordinance shall take effect upon its approval_ INTRODUCED BY: COUNCIL ME ,COUNTY OF AAWAV Hilo ,Hawai`i Date of Introduction: May 17, 2006 Date of 1st Reading: May 17, 2006 Date of 2nd Reading: June 5, 2006 Effective Date: June 16, 2006 REF[r,ElgCr: Comm. 723 -7- OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Introduced By: K. Angel Pilago MUM V Dale Introduced: May 17, 2006 AYES NaES' ' BS' EX First Reading: May 17, 2006 Arakaki x ------ Published: N/A Higa '� Hoffmann X REA4,9RKS: Holschuh X Ikeda X Isbell X Jacobson x Pilago x Safarik x 8 1 0 0 Second Reading: June 5, 2006 To Mayor: June 7, 2006 ROLL CALL VOTE Returned: June 16 2006 AYES NOES ABS EX Effective: June 16, 2006 Arakaki x Published: June 23, 2006 Higa x _. Hoffmann x REA,IARK& Holschuh X Ikeda x Isbell x Jacobson x Pilago x Safarik x 8 1 0 ]DU HEREBY C ERTIFY that the.1bregoing BILL was adopted by the County C'ouncil published as indicated above. APPROVED AS TO FORM ANDLEGALITY: CotiNCIL CH.11RA1.1 N TY CORPORATION COUNSEL ��'�y" COUNTY OF HAWAN COUNTY('LE K Date 237 Bill No.: - C-723/PC-70 6 ii✓ day Reference: - pju7.;c isupprmed this - Ord No.: u/ J u r,Q l U O�_• r �. YOR, (.Y) T)' )FHAWAI'l Mitchell D.Roth � Zendo Kern o. .' �� 4� Mayor Director Lee.E.Lord Jeffrey W.Darrow Managing Director '-v- s.'. Dcputv Director �?'1?r` q''P West Hawai i Office Earl Hawaii Office Yauahi 1,tr et.Suite 3 74-5044 Ane Keuhokalole Hwy • 0l Kailua-Kona,Hawaii 96740 County of Hawai i 114o.Haw.ari 96720 Phone(80M)323-4770 Phone(808)961-9288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 November 4, 2021 Chrystal Thomas Yamasaki,LPLS Wes Thomas Associates 75-5749 Kalawa Street Kailua-Kona,HI 96740-1818 Dear Ms.Yamasaki: SUBDIVISION WITHDRAWN SUBDIVIDER: RAYMOND,RobertH. RECENT OWNERS: Shawn P.&Stephanie G.R.Ching PRESENT OWNER: AHUALOA LAND COMPANY Proposed Subdivision of Lot 1-13, Being a portion of Land Commission Award 8559-B,Apana 2, Into Lots 1-B-1 through 1-B-11,Inclusive, Waikoekoe,Hamakua,Island of Hawai i,Hawai'i TMK• 4 7 007.048 (SUB-07-000562) This follows-up our letter of August 7, 2020. As there has been no further action and the fact that the property has new ownership again,we are deeming the subdivision file withdrawn and removing it from process. Pursuant to Article 4, Section 23-60(c),Chapter 23,Subdivision Control Code,a portion of the filing fee equivalent of ten percent(10%) of the fee or fifty dollars ($50.00),whichever is greater,shall be retained for applications which have been withdrawn or denied before granted Tentative Approval (TA). Tentative Approval was issued;therefore,no refund is due. Should the landowners elect to pursue the subdivision at a later date a new application complete with filing fee must be resubmitted to this department. www planning.hawaiicounry.aoy Hawai•i Cougy is an Equal Opportunity Provider and Employer olannineCihawaiicounty Pov Chrystal Thomas Yamasaki,LPLS Wes Thomas Associates November 4,2021 Page 2 Should you have any questions, please feel free to contact Hans Santiago at hans.santi ago Ohawaiicounty.gov or Jonathan Holmes at ionathan.holmes(a)hawaiicounty.gov. Sincerely, ze�14'o,ley-& Zendc Kern(Nov 16,MI MUG HST7 ZENDO KERN Planning Director JRH:tb \\coh01\planning\public\Admin Permits Division\Subdivision\2021\2021-4\SUB-07-000562Raymond WD 11-04-21.docx xc: Manager,DWS Director,DPW District Environmental Health Program Chief,DOH - > , 2 � ♦ � m � a � � : < - _ ! a m - 03a6 o± / \ ` © / §\ �) ®f k G §\ \a m {\ o 2f .% Q) R R \ % . s : } .: } _w--- ` \ { � « i � HAWAII FIRE DEPARTMENT . COUNTY OF HAWAII . HILO,HAWAII 96720 DATE May 19, 2023 Memorandum TO JESSICA ANDREWS, COUNTY OF HAWAII, PLANNING DEPT. FROM CAPTAIN CLINTON BAYBAYAN, FIRE PREVENTION BRANCH SUBJECT: SHAWN AND STEPHANIE CHING, CHANGE OF ZONE, (PL-REZ-2023- 000044 In regards to the above-mentioned project, Fire Department Access and Water Supply shall comply with Chapter 18 of the 2018 Hawaii State Fire Code and Chapter 17 of the Hawaii County Code. For any questions, please email Clinton.Baybqyan(aJhawaiicoun ov or call 808-323-4761. Respectfully Submitted, gff�_ Clinton Baybayan Fire Prevention Captain Fire Prevention Branch Hawaii Fire Department Planning Dept. Exhibit 3 F .Gy ai Ef� i9 DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAVI 345 KEKUANAO`ASTREET, SUITE 20 • HILO, HAWAFI 96720 °F enwnl�' TELEPHONE (808)961-8050 • FAX (808)961-8657 June 6, 2023 _ TO: Mr. Iendo Kem, Director Planning Department FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Change of Zone Application (PL-REZ-2023-000044) Applicant—Shawn and Stephanie Ching Request: Family Agricultural -3 Acres (FA-3a) to Agricultural - 5 Acres (A-52) Tax Map Key 4-7-007:048 We have reviewed the subject application and have the following comments and conditions. Please be informed that the subject parcel currct)I.IN 1"ronts an existing 2-inch waterline within the Old Mamalahoa 111ghway, approximately 1 30 feet from an existing 12-inch waterline within the Old Mamalahoa Highway. The current water availability conditions in this area. which are subject to change without notice, only allow for two (2) units of water, or two (2) 5/8-inch meters, per existing lot of record. Each unit of water is equal to an average of 400 gallons per day which is suitable for only one (1) single-family dwelling. Please be informed that the subject parcel is currently served by three(3)existing meters (Account No. 610-64695, 610-64697 and 610-50400). Based on the proposed subdivision. there would be a total of three (3) lots requiring water. Therefore, pursuant to Rule 5 of the Department's Rules and Regulations, a copy of which is being forwarded to the applicant, a water commitment may be issued. Based on the three (3)additional units requested in the proposed 6-lot development, the required water commitment deposit is $450.00. Remittance by the applicant of the $450.00 is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected.. water availability is subject to change without notice, depending on the water situation. The subdivision application may be granted water service upon compliance with the following conditions: Planning Dept. Exhibit 4 . . . 'Water, Our Most ftecious Wf source Kg Wai,4 Xdne. . . The Department of Water Supply is an Equal Opportunity provider and employer. Mr. Lendo Kern. Director Page 2 June b, 2023 Construct necessary- water system improvements, which shall include, but not limited to source, storage, booster pumps, water mains capable of delivering water at adequate pressure under peak-flow and fire-flow conditions; the minimum diameter of which shall be b inches, and service laterals that will accommodate a 5/8-inch meter to each lot. Subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development,the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. l. Submit construction plans, prepared by a professional engineer licensed in the State of Hawaii, for review and approval. 2. Remit any facilities charge balance due, this will be determined upon completion of Subdivision Application. FACILFFIIi5 CHARGE (FC): 3 existing services Paid 3 additional units rci! $6 095.00/unit $18 28500 Total FC S1.8,285.00 This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. For your information, water commitment deposits are credited towards the tinal facilities requirement for the development. Note that the amount of water commitment deposit may exceed the prevailing facilities charge amount; for example, when requests for time extensions continue and are approved. Until the development is finally completed, these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge,no refunds are applicable. 3. Submit the appropriate documents, properly prepared and executed, to convey the subdivision water system improvements and necessary easements to the Water Board of the County of Hawai'i prior to final subdivision approval being granted. A registered laud surveyor shall stamp and certify the metes and bounds description within the conveyance documents. However, prior to water meter services being granted to the development or any lots within, the conveyance documents shall be accepted by the. Water Berard.. Mr. Iendo Kern, ❑irector Page 3 June 6, 2023 Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at (808) 961-8070, extension 255. Sincerely yours, vb vlkw+ Keith K. Okamoto, P.E. Manager-Chief Engineer TS:dfg copy - Shawn and Stephanie Ching (w/copy of Rule 5 of the Rules and.Regulations) 04 w areR,s F + 19? •;lH DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAVI 345 KEKIJANAO'A STREET, SUITE 20 HILO, HAWAI.1 96720 TELEPHONE (808)961-8050 • FAX(808)961-8657 Jul), 12, 2023 CON PLANNING DEPT JUL 13 2023 pm4;23 Mr. Shawn Ching 928 `Ivlaunawili Road Kailua. l ll 96734 Dear Mr. Ching: Subject: Water Commitment Deposit Payment Change of Zone Application (PL-REZ-2023-000044) Applicant—Shawn and Stephanie Ching Tax Map Key 4-7-007:048 'Chis is to acknowledge receipt of the requirCd S .-(0_00 �%,Ater commitment deposit for the subject application. We are enclosing Receipt No . �'(ti847fi IOr your files. Pursuant to Rule 5 of the Departrnent"s Roles and Regulations, a water commitment for the proposed subdivision in the amount of 1,200 gallnnti per day, or three (3) additional units of water at an average daily usage of 400 gallons, is hereby granted until July 31, 2026, with the following conditions: I. Construct necessary water system improvements. which shall include. but not be limited to: a. source, storage, booster pumps, water mains capable of delivering water at adequate pressure under peak-flow and fire-flow conditions; the minimum diameter of which shall be 6 inches, b. serx ice laterals that will acconmiod:tt, a �'X-liich meter to c:tcli lot, and c. subject to other agencies' R�JLHIell nt to t()n. truct improvements within the road right-of-way fronting the pre pci t\ at l-cctcd the proposed development, the applicant shall be responsible for the reloc"ttton and adjustment of the Department's affected eater system facilities'. hnLtld theN be necessary. 2. Submit construction plans, prcparcd by a professional engineer licensed in the State of Hawaii, for review and approval. 3. Remit an, prevailing facilities charge. which is sLihject to change, as shown below: Planning Dep;. Exhibit 4 . . Water, Our:llosl l'i"['clous Pesource. . . Ya Wai,4 Kdne The Department of Water Supply is an Equal Opportunity provider and employer. . Mr. Shawn Ching Page 2 July 12, 2023 FACILITIES Cl l `1R0 (FC): 3 existing sere lccs Paid 3 additional units 'a $6.095.001unit $18 285.00 FC Balance $18,285.00 WATER Cn'MMITMFNT DFPOSIT(WCD): 3_addilional units :u; $15U.001unit ($450.00) Total FC _ $17,835.00 -1 hc"e' are due and payable upon completion of the installation of the required water system inlpr() e111Lnts and prior to final subdivision approval being granted. I or \our inform aion. «.niter commitment deposits are credited towards the final facilities rc�lulrement l()r the deN elop:ncnt. Note that the amount of water commitment deposit may exceed the prc: ailing facilitw,ti charge amount; for example, when requcsts for time extensions cowimie and are approved. t 'rltil the development is finally completed, these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge, no refunds are applicable 4. Submit the appropriate documents, property prepared and executed, to convey the subdivision water system improvements and necessary easements to the 'Vater Board of the County of Hawaii. prior to final subdivision approval being ; n.mted. A rc-Istered land surveyor shall stamp and certify the metes and hounds dc,scrlption within the coo eyance documents. However, prior to water meter services being tjaiited to the development or any lots within, the conveyance documents shall be accepted by the Water Board. Should there be any questions. pieElse contact Mr. Troy Samura of our Water Resources and Planning Branch at (808) 961-8070. extension 255. Sincerely yours, L4Z VVWV +_') K el lh K. Okamoto. P.E. NLinmG,,er-Chief Engineer -I'S:dfg Enc. co r, - N iimj nLt 1)epartmcnt 111'. l uhe_ Pla1111W ' ( u, s [hant DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: August 16, 2023 fteft*W0449W TO: Zendo Kern, Planning Director FROM: Department of Public Works, Engineering Division ! ' I SUBJECT: CHANGE OF ZONE APPLICATION (PL-REZ-2023-000044) Request: Family Agricultural-3 Acres (FA-3a) to Agricultural-5 Acres (A-5a) Applicant: Shawn and Stephanie Ching TMK: 4-7-007.048 We are providing a revised memo to supersede our June 16, 2023 memo with additional information/clarification for your review and consideration: 1 . All activities shall comply with the requirements of Hawaii County Code (HCC), Chapter 10, Erosion and Sedimentary Control. Agricultural operations may qualify for a conservation program with the applicable soil and water conservation district. An approved conservation program would be an exclusion to Chapter 10. 2. All development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works, Engineering Division. 3. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. 4. All driveway connections and construction within Old Mamalahoa Highway and Vierra Road / Homestead Road / Waokele Street shall conform to Chapter 22, County Streets, of the Hawaii County Code. Access to Old Mamalahoa Highway and Vierra Road / Homestead Road / Waokele Street, including the provision of adequate sight distances, shall meet with the approval of the Department of Public Works, Engineering Division. No improvements are being recommended due to request to downsize the zoning density. Planning Dep'.. Questions may be referred to Robyn Matsumoto at 961-8924. Exhibit 5 County of Hawaii is an Equal Opportunity Provider and Employer Mitchell D.Roth <P''+�v� . Ramzi I.Mansour �� y�;� Mayor Director Lee Lords �,:�` Brenda Iokepa-Moses Managing Director `or"' Deputy Director County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a Street,Suite 41 • Hilo,Hawai'i 96720•cohdem@hawaiicounty.gov Ph: (808)961-8083 •Fax: (808)961-8086 MEMORANDUM TO: Zendo Kern, Director Planning Department FROM: Ramzi I. Mansour, Directaw Ck W\,p e V%>-) Department of Environmental Management DATE: June 16, 2023 SUBJECT: Change of Zone Application(PL-REZ-2023-000044) Request: Family Agricultural-3 Acres (FA-3a) to Agricultural-5 Acres (A-5a) Applicant: Shawn and Stephanie Ching Tax Map Key: (3) 4-7-007:048, Hamakua, Hawaii The Solid Waste Division has reviewed the subject application and has no comments. The Wastewater Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Wastewater Division for details): • No County sewer system in area. Applicant shall follow Hawaii Department of Health, and all other applicable federal, state, and county regulations. Planning Dept. Exhibit 6 County of Hawaii is an Equal Opportunity Provider and Employer JOSH GREEN, M.D. o KENNETH S. FINK, M.D,MGA, MPH .�6..........�q GOVERNOR OF HAWAII .y DIRECTOR OF HEALTH KE KIA'AINA O KA MOKU'AINA O HAWAI'I y KA LUNA HO'OKELE KN oA ''fly 4Q;'"...........«•''off',, STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 H I LO, HAWAII 96721-0916 MEMORANDUM DATE: May 24, 2023 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Change of Zone Application (PL-REZ-2023-000044) Request: Family Agricultural-3 Acres (FA-3a) to Agricultural-5 Acres (A-5a) Applicant: Shawn and Stephanie Ching TMK: 4-7-007:048, Hamakua, 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: hgps://health.hawaii.gov/epo/landuse/. Contact information for each Branch/Office is available on that website. Note: Agencies and proiect 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. Planning Dept. Exhibit 7 Zendo Kern May 24, 2023 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: https://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: hLtps://health.hawaii.gov/cwb/clean-water-branch-home- page/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 May 24, 2023 Page 3 of 4 25. They may be responsible for fulfilling additional requirements related to the Safe Drinking Water program: https:Hhealth.hawaii.gov/sdwb/. 2. Standard comments for the Safe Drinking Water Branch can be found at: hgps:Hhealth.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:Hhealth.hawaii._gov/epo/landuse/. Wastewater Branch For comments,please email the Wastewater Branch at.doh.wwbgdoh.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 May 24, 2023 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. o F JOSH GREEN,M.D. �E hq�' DAWN N.S.CHANG GOVERNOR IKE KIA'AINA �P tisyy q, CHAIRPERSON + BOARD OF LAND AND NATURAL RESOURCES SYLVIA LUKEy COMMISSION ON WATER RESOURCE LIEUTENANT GOVERNOR KA HOPE KWAINA MANAGEMENT ^� w LAURA H.E.KAAKUA dot ' FIRST DEPUTY t,r M.KALEO MANUEL - •� DEPUTY DIRECTOR-WATER AQUATIC RESOURCES BOATING AND OCEAN RECREATION y nNo STATE OF HAWAI'I I KA MOKU'AINA'O HAWAI'I BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE ANAGEMENT DEPARTMENT OF LAND AND NATURAL RESOURCES CONSERVATION AND COASrAL LANDS KA'OIHANA KUMUWAIWAI 'AINA CONSERVEATION AND NFORCEMENT RESOURCES ENGINEERING FORESTRY AND WILDLIFE HISTOIC DIVISION OF FORESTRY AND WILDLIFE KAHOOLAWEISLANDRESERVETION COMMISSION HgWA�� 1151 PUNCHBOWL STREET, ROOM 325 AND STATE PARKS HONOLULU, HAWAII 96813 June 19, 2023 Log no. 4124 MEMORANDUM TO: RUSSELL Y. TSUJI, Administrator Land Division FROM: LAINIE BERRY, Wildlife Program Manager Division of Forestry and Wildlife SUBJECT: Change of Zone Application (PL-REZ-2023-000044) Request to Change from Family Agricultural-3 Acres (FA-3a) to Agricultural-5 Acres (A-5a). The Department of Land and Natural Resources, Division of Forestry and Wildlife (DOFAW) has received your request for comments on the Proposed Change of Zone Application (PL-REZ-2023-000044) Request to Change from Family Agricultural-3 Acres (FA-3a) to Agricultural-5 Acres (A-5a) at 47-5211 Old Mamalahoa Highway, in the land division of Waikoekoe in the district of Hamakua, on the Island of Hawai'i, TMK: (3) 4-7-007.048. If approved the applicants, Shawn and Stephanie Ching, intend to subdivide the 34.559-acre parcel into six (6) lots, consisting of a minimum of five (5) acres each. The Applicants plan to retain at least four (4) lots for their family and possibly sell the remaining two (2) lots to persons interested in truck crop farming and/ or other agricultural activities consistent with the site's proposed A-5a zoning and State Land Use Agricultural designation. The State listed 'Ope'ape'a or 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 Planning Dept. Exhibit 8_ 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. If nighttime construction is required during the seabird fledgling season (September 15 to December 15), we recommend that a qualified biologist be present at the project site to monitor and assess the risk of seabirds being attracted or grounded due to the lighting. If seabirds are seen circling around the area, lights should then be turned off. If a downed seabird is detected, please follow DOFAW's recommended response protocol by visiting https://dlnr.hawaii.gov/wildlife/seabird-fallout-season/#response. 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 Hawai'i please visit httos://dlnr.hawaii.gov/wildlife/files/2016/03/DOC439.pdf. State-listed waterbirds such as the Ae'o or Hawaiian stilt (Himantopus mexicanus knudseni), 'Alae ke'oke'o or Hawaiian coot (Fulica alai), and Nene or 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 Hawai'i Island Branch DOFAW Office at (808) 974-4221. The State listed 'lo or Hawaiian Hawk (Buteo solitarius) may occur in the project vicinity. Prior to undertaking vegetation clearing, DOFAW recommends that pre-construction surveys of the area be conducted by a qualified biologist following appropriate survey methods (Gorressen et al., 2008)1 to ensure no Hawaiian Hawk nests are present, which may occur during the breeding season from March to September. The survey should be conducted at least 10 days prior to the start of construction. If an 'lo nest is detected, a buffer zone of 100 meters (330 feet) should be established around it where no construction shall occur until the chick or chicks have fledged, or the nest is abandoned. DOFAW staff should be immediately notified. If adult individuals are detected in the area during construction, all activities within 30 meters (100 feet) of the bird should cease. Work may continue when the bird has left the area on its own. 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 include tree tobacco (Nicotiana glauca), that grow in disturbed soil. We recommend contacting the Hawai'i 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 that a botanical survey be conducted by a qualified botanist in all proposed affected areas prior to commencing work to determine if any rare or endangered plants are present in the project area. We recommend that the survey consists of a complete species list and is conducted during the wettest time of year when plants are more likely to be visible, especially in drier areas. If any listed species are found, please notify DOFAW at (808) 587-0166. For information on avoidance and minimization measures for plants, please refer to the following link: httos://www.fws.gov/sites/default/files/documents/ Plant%20Avoidance%20and%20Minim ization%20Measures-April%202022.pdf. 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. Cats predate on native birds, including State-listed endangered waterbirds, seabirds, and forest birds. Predation is instinctive and means that even well-fed cats will hunt and kill wildlife. Therefore, DOFAW recommends that homeowner associations request that residents with pet cats be kept indoors or safely contained. In addition, no feeding of feral cats should occur on the premises. 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 1. Gorresen,P. M.,R. J. Camp, J. L. Klavitter, and T. K. Pratt. 2008. Abundance, distribution and population trend of the Hawaiian Hawk: 1998-2007. Hawaii Cooperative Studies Unit Technical Report HCSU-009. University of Hawai'i at Hilo. 53 pp.,incl. 8 figures,3 tables& 1 appendix. you have any questions, please contact Myrna N. Girald Perez, Protected Species Habitat Conservation Planning Coordinator at (808) 265-3276 or myrna.girald- perez(a)hawaii.gov. Sincerely, a"7 LAINIE BERRY Wildlife Program Manager JOSH GREEN,M.D. DAWN N.S.CHANGCHAIRPERSON GOVERNOR I KE KIA'AINA BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT SYLVIA LUKE LIEUTENANT GOVERNOR I KA HOPE KIA'AINA LAURA H.E.KAAKUA P F FIRST DEPUTY Of .CA 1'tigg9s� M.KALEO MANUEL 'pry 4�y DEPUTY DIRECTOR-WATER and anq cx,° AQUATIC RESOURCES Fe m BOATING AND OCEAN RECREATION is BUREAU OF CONVEYANCES 1 �y COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS ,.may CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING FORESTRY AND WILDLIFE srareofHaWa� HISTORIC PRESERVATION il�r i i KAHOOLAWE ISLAND RESERVE COMMISSION LAND STATE OF HAWAII KA MOKU`AI A`O HAWAVI STATE PARKS DEPARTMENT OF LAND AND NATURAL RESOURCES KA `OIHANA KUMUWAIWAI`AINA STATE HISTORIC PRESERVATION DIVISION KAKUHIHEWA BUILDING 601 KAMOKILA BLVD,STE 555 KAPOLEI,HAWAII 96707 June 2, 2023 IN REPLY REFER TO: Zendo Kern,Director Project No. 2023PR00673 Planning Department Doc. No. 2306JG01 County of Hawaii Archaeology 101 Pauahi Street, Suite 3 Hilo,HI 96720 planning(i�hawaiicounty.gov Dear Mr. Kern: SUBJECT: Chapter 6E-42 Historic Preservation Review County of Hawaii Change of Zone Permit Applicant: Shawn and Stephanie Ching Waikoekoe Ahupua`a,Hamakua District,Island of Hawaii TMK: (3)4-7-007:048 This letter provides the State Historic Preservation Division's (SHPD's) review of the subject County of Hawaii Change of Zone Permit Application received by our office on May 31, 2023. The applicant proposes rezoning the 34.559-acre parcel from a Family-Agricultural (FA-3a) to an Agricultural (A-5a) zoning district in support of a proposed 6-lot subdivision. The project area comprises the entire 34.559-acre parcel. A review of SHPD records indicates that no archaeological inventory survey has been conducted and that no historic properties have been identified within the project area.Historic(1965)and contemporary aerial imagery indicates that the project area has been previously impacted by land-clearing and agricultural-related activities. Thus,it is unlikely that any unidentified surface historic properties remain intact within the current project area. Based on current information, SHPD's determination is no historic properties affected for the current project. Pursuant to HAR§13-284-7(e),when the SHPD agrees that the action will not affect any significant historic properties, this is the SHPD's written concurrence and historic preservation review ends.The historic preservation review process is ended. The permit issuance process may proceed. Attach to permit:If historic properties such as lava tube openings,artifact concentrations,structural remains or human skeletal remains are found during construction activities please cease work in the immediate vicinity of the find, protect the find from additional disturbance, and contact the State Historic Preservation Division at(808)933-7651. Please contact Joshua Gastilo at Joshua.gastilo(i�hawaii.gov for any questions or concerns regarding this letter. Aloha, 41gh Downer Alan S. Downer,PhD Administrator, State Historic Preservation Division Deputy State Historic Preservation Officer cc: Jessica Andrews,jessica.andrews@hawaiicounty.gov Sidney Fuke, sidneyfuke@gmail.com Planning Dept. Exhibit 9 SidneyFuke, planning Consultant P.O.Box •Hilo,Hawaii 96720 Cell:(808)98 989-0640 •Planning•Variance-Zoning •Subdivision-Land Use Permits E-mail:sidneyfuke@gmail.com •Environmental Reports June 24,2023 Mr.Keith Okamoto, Manager-Chief Engineer Department of Water Supply COUNTY OF HAWAII 345 Kekuana'oa Street, Suite 20 Hilo,HI 96720 Dear Mr. Okamoto: Subject: Water Commitment Fee Rezoning Application—Shawn and Stephanie Ching TMK: 4-7-007: 048 PL-R-LZ-2023-000044 Pursuant to your memorandum of June 6,2023,to the County Planning Department regarding the subject application,please find enclosed a check in the amount of$450.00 from the applicant, Shawn Ching, for the required water commitment fee. Your memorandum indicated that there are three(3)water meters and hence,the payment represents the commitment fee for three(3) additional meters. The applicants look forward to working with you in fulfilling the balance of your water service requirement during the subdivision process. Thank you very much and as always,please feel free to contact me should you have questions on this matter. r�cerely SIDNEY M. FUKE Plataning Consultant Enclosure Copy—County Planning Department w/o enclosure via email Shawn and Stephanie Ching w/o enclosure via email Planning Dept. Exhibit 10 ��, SidneyFuise, Planning Consuiiani Mir P.O.Box 1345 •Hilo,Hawai'i 96720 •Manning•Variance•Zoning Cell:(808)989-0640 •Subdivision-land Use Permits E-mail:sidneyfuke@gmail.com -Environmental Reports June 24,2023 Mr. Zendo Kern, Director Planning Department COUNTY OF 14AWAII 101 Pauahi Street Hilo,HI 96720 Dear Mr. Kern: Subject: Response to Agency Comments Rezoning Application—Shawn and Stephanie Ching TMK: 4-7-007: 048 PL-REZ-2023-000044 We would like to use this means to respond to agency comments,to date,regarding the subject application. 1. The Department of Water Supply noted that while water is available,the applicant should secure the water commitments for the 3 water units as soon as possible. The applicant will make a payment of$450.00. Further,the applicant will comply with the related installation requirements in conjunction with the subdivision approval process. 2. The Police Department did "not anticipate any significant impact to traffic and/or public safety concerns." 3. The Fire Department noted that the requirements of the Fire Code relative to access need to be complied with. Like the water requirements,they will be addressed, and any required improvements made prior to or in conjunction with the subdivision approval process. 4. The State Historic Preservation Division offered a "no historic properties affected"determination and stated that the "historic preservation review process is ended." 5. Finally,the State Department of Health noted that individual wastewater systems will be allowed. In this case,it will be the septic system and installed in conjunction with the building permit process. The Department's requirements, if applicable, relative to National Pollutant Discharge Elimination System (NPDES)will be complied with prior to construction of activities requiring discharge into the ground, such as a drywell. Furthermore, all noise and air quality requirements will be adhered to by the contractor during the construction phases of this project. Planning Dept. Exhibit 11 Mr.Zendo Kern, Director June 24,2023 Page 2 We trust that this sufficiently responds to the various agencies, comments to date. If not or if there are questions relating to this matter,please feel free to direct them to me. Thank you very much. inc�rel , SIDNEY M. FUKE Planning Consultant Copy—Shawn and Stephanie Ching via email