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HomeMy WebLinkAboutPD Background Report HICDC (PL-REZ-2023-054) B1HCDCKohaIaREZAmend.2.8.2024 COUNTY OF HAWAI`I PLANNING DEPARTMENT BACKGROUND REPORT HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 10 101 (PL-REZ-2023-000054/AMEND REZ 2009-000112) HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION has submitted an application for a 5-year time extension to Condition C (Final Subdivision Approval) of Ordinance No. 10-101, which reclassified approximately 18.38 acres of land from an Agricultural 20-acre (A-20a)to a Single Family Residential-15,000 square foot(RS-15), Single Family Residential-10,000 square foot(RS-10), Single Family Residential-7,500 square foot (RS-7.5) and Open zoning districts. The property is situated along the north (makai) side of the Akoni Pule Highway approximately 600 feet west of the Kohala High and Elementary School complex, Pahoa, North Kohala, Hawaii, TMK: (3) 5-5-019: 025 and 027 (portions). 1. Applicant's Request: The applicant is requesting a rive (5)-year time extension to Condition C (Final Subdivision Approval) of Change of Zone Ordinance No. 10 101, which currently states: Final Subdivision Approval of the proposed subdivision shall be secured from the Planning Director within five (5)years from the effective date of this ordinance. 2. Project History: According to the applicant, the rezone area is intended to be the land upon which the next phases of the `Kumakua Self Help Housing' project are to be built. To date, 44 self help homes have been developed on approximately 15 acres mauka of the rezone area that were subject to rezone Ordinance No. 06-68. They subsequently rezoned an additional 18.328 acres in 2010 (Ordinance No. 10-101)from A-20a to RS-15, RS-10, RS-7.5 and Open to accommodate the next three phases of development, consisting of 32, 10,000 square-foot minimum house lots, one 8.12-acre bulk lot, and a road lot. When the applicant submitted a subdivision application in 2023 for the preceding,they were advised that the time to secure Final Subdivision Approval in the ordinance had expired, thus they are requesting a 5-year time extension to complete the subdivision. 3. Self Help Housing: The HICDC mutual self help housing program is financed through the USDA Rural Development 502 Direct Loan program. These loans are affordable for, -1- and only available to households at 80 percent of the median income or below. Following the close of the loan the families work in groups of 10 to 11 to perform 65% of the labor involved in constructing the homes. The homes are built together, all families work on all the homes and no one moves in until all of the homes are complete. HICDC assists the families in qualifying for the loan, secures the permits and subcontractors, and has an on-site construction supervisor to guide the construction process. This process has been used to complete more than 300 homes on the Big Island, including 44 in the first 2 phases of this project. 4. Reasons for the Request: According to the applicant, after securing the rezoning of the property in 2010, they were concerned about the economic outlook of North Kohala residents given the impacts of the 2008-2009 great recession and had significant difficulty recruiting applicants who were interested in self help housing in North Kohala and who met the income and credit requirements to qualify for the required mortgage. This made the applicant reticent to borrow the $4 million in funds to construct this phase of the subdivision. However, given the passage of time and the post-pandemic economic recovery, those concerns have receded, and the applicant has the financing lined up to proceed with the subdivision. 5. Landowner: Hawaii Island Community Development Corporation. 6. Supportive Information: The applicant has submitted the attached in support of the request: (Planning Department Exhibit 1 —Change of Zone Amendment Request dated October 27,2023). STATE AND COUNTY PLANS 7. State Land Use Designation: Urban. 8. County Zoning: Single Family Residential-15,000 square foot(RS-15), Single Family Residential-10,000 square foot(RS-10), Single Family Residential-7,500 square foot (RS-7.5) and Open. 9. General Plan LUPAG Map: Low Density Urban, which allows residential (overall residential density may be up to six units per acre), with ancillary community and public uses, and neighborhood and convenience-type commercial uses. 10. North Kohala Community Development Plan (NKCDP): Adopted on November 5, 2008 by Ordinance No. 08 151, Section 3.2 of the North Kohala Community -2- Development Plan states that, "self-help homes and other affordable housing projects should be located on lands that are within the Low Density Urban areas on the LUPAG map. In North Kohala, the Village Centers ofHawi, Kapa`au, Halawa and Niuli`i are designated Low Density Urban." 11. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The subject parcels are located over one mile from the nearest shoreline and are not situated within the SMA. DESCRIPTION OF SUBJECT PROPERTIES AND SURROUNDING AREA 12. Rezone Area: The rezone area, totaling 18.38 acres of land is irregularly shaped, gently slopes to the north (makai), and is currently devoid of any structures or improvements. 13. Surrounding Zoning/Land Uses: Lands to the north are larger agricultural lots zoned A-20a consists mainly of agricultural uses with scattered dwellings. Lands directly to the south are zoned RS-7.5 and consist of the first two phases of the Kumakua Self Help subdivision. To the west is a property zoned A-20a, and further west are properties zoned RS-15 and CV-10 in Hawi. To the east are properties zoned A-20a and RS-15. The Kohala Elementary and High Schools are located 600 feet to the east on lands zoned RS-15. 14. Agricultural Lands of Importance to the State of Hawaii (ALISH): The majority of the project site is designated Prime Agricultural Land. Portions of the eastern section of the project site are designated Other Important Agricultural Land and Unclassified. 15. Land Study Bureaus Detailed Land Classification Systems: "B" or"Very Good". 16. U.S. Soil Survey: Kohala silty clay, 3 to 12 percent slopes (KhC). Runoff is slow to medium, and the erosion hazard is slight to moderate. 17. Flood Zone: Flood Zone "X", or an area of minimal flood hazard. 18. Floral/Faunal Resources: According to the applicant, the entire parcel has been previously utilized for sugar cane cultivation between 1862 and 1973 and has been cleared and graded. Since the closure of the Kohala Sugar Company in 1973, the property has been utilized for cattle grazing. The predominant vegetation type on the property is characterized as pastureland comprised of a mixed grass and herb association with scattered shrubs. The vegetation of the site is dominated by introduced or alien species with no candidate,proposed, or listed threatened or endangered species identified -3- in the Endangered Species Act of 1973. Fauna resources including the Short-eared Owl or Pueo and the Hawaiian Hawk or `Io are known to frequent the area and are commonly found in open grasslands and agricultural lands in Kohala. In a letter dated October 17, 2005, the DLNR Division of Forestry and Wildlife had no objections to the project, with no further need for consultation. 19. Historical/Archaeological Resources: By letter dated December 21, 2009, the Department of Land and Natural Resources-State Historic Preservation Division determined that"no historic properties will be affected by this project." 20. Cultural Resources: The property does not contain any features of cultural importance and there is no history of traditional gathering associated with the property. The proposed use would not affect the exercise of traditional or customary Native Hawaiian rights in the area. 21. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. PUBLIC UTILITIES AND SERVICES 22. Access: Access to the rezone area is from the Akoni Pule Highway, a State-owned highway with an approximate 38-foot pavement and paved shoulders within an 80-foot right-of-way via Kumakua Road and Ho`oko Road, County-owned roadways consisting of 32 feet of roadway pavement and concrete curb, gutter, and sidewalk within a 42-foot right-of-way. To maximize the number of lots in the 3rd phase of the development, the applicant requested and was granted a variance from County dedicable roadway standards related to minimum right-of-way and pavement widths, reduced curb height, and asphalt pavement width (Planning Department Exhibit 2—Variance No. PL-SVAR-2023-000040 dated November 15,2023). The roadway standards granted under the variance are like the standards to which the roadways in the first two phases were developed and the applicant plans to similarly dedicate the phase 3 roadways to the County. 23. Traffic: According to the Institute of Traffic Engineers (ITE) Trip Generation Manual, the proposed 32 single-family dwelling lots will generate 32 peak hour vehicle trips, which does not trigger the requirement for a Traffic Impact Analysis Report(TIAR). 24. Water: According to the Department of Water Supply (DWS), the applicant has a total -4- of 33 units of County water for the project. By letter dated February 5, 2024, DWS confirmed that the applicant paid a water commitment deposit for 31 additional units of water and issuing a water commitment time extension until October 31, 2024. Furthermore, DWS indicated that the applicant would be responsible for constructing water system improvements including new, minimum 8-inch water mains capable of delivering adequate pressure and volume under peak-flow and fire-flow conditions, service laterals that will accommodate 5/8-inch water meters to each lot, and fire hydrants. Finally, the applicant will be required to remit the remaining facilities charge and prepare and execute documents conveying the improvements to the Water Board prior to receipt of Final Subdivision Approval. (Planning Department Exhibit 3 — November 30,2023 and February 5,2024 letters from the Department of Water Supply). 25. Wastewater System: According to the applicant, individual wastewater systems meeting with the approval of the State Department of Health will be utilized. 26. Solid Waste: There are no municipal solid waste collection services in the County. Solid waste will be disposed of at an authorized landfill by commercial haulers or individual homeowners. A condition of the existing ordinance requires the applicant to submit a Solid Waste Management Plan to the Department of Environmental Management for approval prior to receipt of Final Subdivision Approval. 27. Essential Utilities and Services: Electricity and telephone services are available to the site. The nearest police and fire departments are located approximately 2 miles from the project site in Kapa`au. AGENCIES'AND ORGANIZATIONS' COMMENTS 28. Department of Environmental Management: (Planning Department Exhibit 4 — December 6,2023 Memo) 29. State Department of Health (Planning Department Exhibit 5—December 1, 2023 Memo) 30. State Department of Transportation (Planning Department Exhibit 6—December 15,2023 Letter) AGENCIES -NO COMMENTS OR OBJECTIONS 31. Department of Public Works-Engineering Division and the Police Department. -5- AGENCIES -NO RESPONSES 32. Fire Department and Office of Housing and Community Development. PUBLIC COMMENTS 33. No public comments have been received as of the date of the writing of this report. -6- HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION 100 Pauahi Street Suite 201 Hilo, Hawaii 96720 October 27, 2023 Mr. Zendo Kern, Director Planning Department 101 Pauahi Street\Suite 3 Hilo, Hawaii 96720 SUBJECT: Time Extension Request Ordinance No. 10-101 TMK: 5-5-19: 25 and 27 Enclosed is the time extension to comply with Ordinance No. 10-101. This self help housing project is ready to commence processing a subdivision application for future self help housing. Also uploaded onto the EPIC system: 1) A description of activities that has taken place since the ordinance was approved and the basis for the present request. 2) Location, TMK and Subdivision maps for reference. 3) Names and mailing address for property owners within 300 feet of the property. 4) $500 filing fee. 5) Tax Clearance If you or your staff have any questions please do not hesitate to contact me at 808-987- 6750 or via email keith.hicdcggmail.com. Sincerely, } } Digitally signed by Keith KKato e i`h Ka`�Date:2023.10.27 16:02:47-10'00' Keith Kato Executive Director Enclosures Planning Dept. Exhibit 1 Kumakua Self Help Housing Time Extension Request Ordinance 10-101 Background: Kumakua Self Help Housing The initial zoning for the Kumakua Self Help Subdivision in North Kohala was originally approved in 2006 as Ordinance 06-68. This 15 acre rezoning was the first phase of the development of a 31 acre parcel that HCIDC purchased from the Hawaii Conference of the United Church of Christ. On those 15 acres HICDC developed 44 self help homes in five phases. The fifth phase was completed in 2016. During that same period HICDC applied for rezoning of another 15 acres and that was approved by Ordinance 10-101 in 2010. This is the ordinance for which we are seeking a time extension. HICDC is starting the development of the next three phases of self help housing. A subdivision plan has been created and submitted to the Planning Department for review and approval. However, the department informed us that the time limits of Ordinance 10-101 have expired and that we would require a time extension granted by the County Council before proceeding with the subdivision. We have reviewed the remaining conditions of Ordinance 10-101 and based on what we know we believe that we can comply with those conditions. Time Extension Criteria We hereby request a five year time extension to develop the subdivision and secure final subdivision approval. We are ready to meet this time requirement as the preliminary plans for the subdivision have been designed and are being reviewed by the county. Referring to the criteria stated in Ordinance 10-101 we submit the following: 1. That the non-performance is not due to negligence by the applicant. Since the passage of Ord 10-101 HICDC has completed: 19 self help homes in North Kohala— Kumakua Phase 2A and 213 58 self help home in Puna 30 self help homes in Pepeekeo 182 senior rentals in Hilo—Mohouli 1, 2, and 3 20 senior rental units in Papaaloa Currently a 100 family rental project is under construction in North Kona to be completed in October 2024. In addition, HICDC recently assisted Hope Services in developing the Sacred Hearts senior rental project in Pahoa, and the County of Hawaii Kukui'ola project in North Kona. While this was going on we were concerned about the economic outlook for residents in North Kohala given the impacts of the 2008-2009 Great Recession. We had significant issues qualifying applicants for the last two increments and were concerned about borrowing roughly$4 million in funds to construct the subdivision and having the risk of not being able to recruit enough low income households interested in self help housing who have sufficient credit to qualify for the required mortgage. Further, we have found that the overwhelming percentage of people interested in self help housing in North Kohala either live there now or have roots there. This means that there is a limited pool of people from which to draw. Given the passage of time and the economic recovery after the pandemic we feel that these concerns have receded and are ready to proceed with the subdivision. 2. The granting of the time extension would be consistent with the intent of the General Plan to promote the development of affordable housing. Further, the Kohala CDP specifically calls for the development of more self help housing in the district. 3. The granting of the zoning would not be contrary to the original reasons for granting of the change of zone. 4. A five year time extension to complete the subdivision would be consistent with the original time of performance. Conclusions: The project has the water required and we have the financing lined up. Following the approval by the County Council the subdivision is secure construction drawing approval in 12 months followed by 6 months of infrastructure construction. Self help housing construction is project to commence in 18 months following Council approval. 5 5 08 / 08 a s 5"\ •y \ �k gar \ ` SNc�� e' \ 10 c,� Jy Uy Yw. 10 c+y� ci 19 Qt \ �ane�l.av,.PJ 'V A. A ,jam .{� �,� 14 �•�-5� ��`� ,e/� � A �s0 � C a i5 INSET 117 y \ Q o-6T..—-_.. P ` ��•\. \.-\\\ a ryyy:.�a it oe /rye, t`r °i�o'� �\. :;.'_. N o AY FI Alas \ 6 [� 1 K A p P oaK \ 11 I 1 • � 1 / V vooir �K ":7, .� • nlit� �`Syw \vim I A � it as]¢ KUKu1FAHLI L) / SEC.6 Oat• SEC.7 z o N H NORTH KOHALA,HAWAII. �TA AWI MILL AND PLANTATION CO t - oaaonN.i® PNIN1E11.. 5 5 19 31 1 O !w\ rn —� - r / R s m l / L d C t A p p 1 1 2 0 p P r. G R. l w/ 2 7 0 6 O NF O (Lois VAIIiI,, '� gym,ti �� STq£Er n o _ Por,L 7715,- 6 ^T k aq 5 14 e 121.— 41h V- _O O `. Kohalc High&Grammar School I 'l z,. 96ff 4 tsrf P—Exec.Ord. 1025 34 - 12 O 11 >,eu f e I18 15 L .ur1-918. 1f: 17 rz suf 120=" Grant 737 J / 43 a rgelsef I3f O ii, —"S0 8 e PorExclusion 1 ..Oo,- 4I PUPUKAHI PL 1 33 2 111f o a P ' 0C 'DEREGISIERED FRO.l1 LAND LYN/RT• 32' tlF'! � l= 9PISI1-1 � 21 20 f q 1&dH1 0 No.A-437WM _ 45 OOB 9 Recorded December 19,2011 �\� ro7 f ARCELS:25,27,31,3E3.7,3s,J5,36,37, 47.47 I 315 46 a / 0 ;22 23'seof 24 ssn g, n °S" OroPPea Ps.-a: 47 .S��R. I ptJ/vtArKA'I STREkT ma aa.ons ro wniam,aam PmnaNa. —_ __ - < �e aenoNa renkular arttn wmIMM. vAPP[Rtt�A 9 O �W` „O ooOO& erO uO �sOre MAPP7 TA a ressrf awzCi\ czzf assr�ayd ., c Owners,ieen m,a.eeaee COUNT 30 29 26 rm,nm 2e 1 or be—s f.PI.—refer to ZONE 51 .,p� r and n-o sheets fur AKONr re®a,rr enent ownert. PULE MGHWAY IHOA,NORT KOHALA,HAWAI7(Pmmedypar.5-5.os� "'°'"°' FOR PROPERTY ASSESSMENT PURPOSES — SUBJECT TO CHANGE scn�L:1 PRINTED: - T ( sKI � o 4 P�P '� PROJE T SIT C O U F T f/1 we os1 A P P L I C A 13 0 N J 1 2 0 I S D G LAND m uma I s 8 a '� 'a a r i� o� _z xo nu�� a 114 SP.Ft N L �L� a LOT 26 - LIE — mAreF� 13 Ft 8 >° _ Lff WS, r X . �n FF Lm — x- VICINITY MAP e r - 107 25 & bT 22 a 5, E sp ITFi. e _ _ LOTsa IT _ m lu a psi - __ 1� VNt a. i d re e LOT 21 -TOT,3 / £ I- - f -7o aFl t- L0i 26 mom I rvrvc oarry r 0 S4 Ft I r o I Fr r IT , LOT 12 --- / IT, F FI. 11.Ell 1,ITLOT TO g 11 e 9 "+ LOT 2]F E., - O aooTsa F. a ri 5aa0 SA °Po LOT 1a1 P o { -LOT a8 /5.236 ae Ft. 1 00T \ 1 res TS - zorvrvc a zon LOT 9 9 Ft E 6 i ', e A LOTM 4 t ELD, _ R.- ' D 504 1, � a 17 _ e � -o- � rvrvo rts�s _ a a t ILIT a \ 6 - T TOi OF \� IT 16 Isveeti:o uoerr s N ' ` t AR Ft P111 A,IT i PV �e � .res,T� Ii i oasaa K / : PRELIMINARY PLAT gl1 9s/ 9 FpAP rva.caEry g i S1, ;BEET 1 KUMAKUA AFFORDABLE HOUSING a TR € ; � LOT 32 - ' - I 1 _ 22/65q.F ° -I � <� PHASE III Po . I g m� � r fan,�° b , � a5,s '— al a � t aaa -"`° ._- - CONSOLIDATION OF LOT 4-A-4 0 OF RUMAKUA AFFORDABLE HOUSING-PHASE 2 AND LOTS 371 AND 372 AS SHOWN ON MAP 82 OF LAND COURT APPLICATION 1120 Ll 131/ HAVING BEEN DEREGISTERED FROM LAND COURT SYSTEM AND REDESIGNATED AS LOTS 371 AND 372,RESPECTIVELY 0 0 a GRANT x T o A'A A r` - a \ AND RESllBDIV1SI0N OF SAID CONSOLIDATION z S_.....CO�'o y � INTO LOTS I TO 33,INCLUSIVE,AND LOT A x m= s. BEING PORTIONS OF GRANT 2106 TO WAI; GRANT 791 TO PULAA; ROYAL PATENT 7794, LAND COMMISSION AWARD 10911 TO UMI; z o ROYAL PATENT 7579, NOTES: LEGEND: LAND COMMISSION AWARD 10147 TO MALAMA; uuu,as ore/ue,surem rAscamse rreou,reue saNa. sreasano sreosew./wes AND GRANT 2768 TO KAAUA; �''"uaP etweos ar uuswao sura�s Fresu w,auew,ax - - zoawa eouaoon/wFs e AREA=19.317 AC. a[ aaw,res„usre�sF re`�'no°s�os lolo`1.11,1°"a``� SITUATED AT PAHOA,NORTH KOHALA, O1 soss pai:xopios°4i°""° ISLAND OF HAWAII,HAWAII Ida_adore or w,A oas,ssacwa.we ,o �9,T1s.X196e 3 � sawry ory=uT wa_ ua�Eo aHo m�owwa Purcas is TAX MAP KEY (3)5-5-019:PARCELS 025&011 ul�ureu OWNER LAWNI ISLAND COMMUNIN DEVELDPMENT CORPORATION SITE ADDRESS YAWI,NAWNI 96719 reare�..abTa rks°.�M.— �a F� a r {� I' PC COUNTY OF HAWAIII STATE OF HAWAII E G f'µ1 ORDINANCE NO. 0' 101. BILL NO. 274 AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA ZONE MAP),ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY CODE 1983 (2005 EDITION),BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—TWENTY ACRES (A-20a) AND SINGLE-FAMILY RESIDENTIAL— 7,500 SQUARE FEET(RS-7.5) TO SINGLE-FAMILY RESIDENTIAL— 15,000 SQUARE FEET(RS-15), SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET(RS-10), SINGLE-FAMILY RESIDENTIAL—7,500 SQUARE FEET(RS-7.5), AND OPEN AT PAHOA,NORTH KOHALA,HAWAI°I, COVERED BY TAX MAP KEY: 5-5-019:025 AND 027(PORTIONS). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: SECTION 1. Section 25-8-7,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 Pahoa,North Kohala, Hawaii, shall be Open(0): AREA 1 (A-20a to OPEN) Beginning at the north corner of this parcel of land,the direct azimuth and distance from the northwest corner of Lot 343,Land Court Application 1120(Map 80) being: 102° 52' 500.00 feet,the coordinates of said point of beginning referred to Government Survey Triangulation Station"PUU O NALE",being 14,722.62 feet North and 6,892.50 feet East, thence running by azimuths measured clockwise from true South: 1. 345' 31' 05" 117.44 feet along the remainder of R. P. 7794, L.C. Aw. 10,911 to Umi (Area 4); A- r 2. 102' 52' 38.01 feet along the remainder of R. P. 7791, L.C. Aw. 1.0,911 to Umi (Area 2); 3. Thence along the remainder of R. P. 7794, L. C. Aw. 10,911 to Umi, along the remainder of Grant 2768 to Kaaua and along the remainder of Lot 343, Ld. Ct. App. 1120 (Map 80) on a curve to the right with a radius of 350.00 feet, the chord azimuth and distance being: 15' 09, 400.00 feet; 4. 192° 52' 504.00 feet along Lot 289,Ld. Ct. App. 1120(Map 49), along the remainder of Grant 2768 to Kaaua and along the remainder of R. P. 7794,L. C. Aw. 10,911 to Umi to the point of beginning and containing an area of 0.530 acre. The district classification of the following area situated at Pahoa,North Kohala, Hawaii,shall be Open(0): AREA 2(RS-7.5 to OPEN) Beginning at the northeast corner of this parcel of land,being also the northwest corner of Area 3,the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU O NALE",being 14,608.90 feet North and 6,921.87 feet East, thence running by azimuths measured clockwise from true South: 1. 345° 31' 05" 107.62 feet along the remainder of R. P. 7794,L. C. Aw. 10,911 to Umi and along the remainder of Lot 343,Ld. Ct. App. 1120(Map 80)(Area 3); 2. 7° 05' 33" 122.91 feet along the remainder of Lot 343, Ld. Ct. App. 1120(Map 80)(Area 3); 3. 20° 44' 38" 83.27 feet along the remainder of Lot 343, Ld. Ct. App. l 120(.Map 80)and -2- along the remainder of R. P. 7794,L. C. Aw. 10,911 to Umi; 4. 43' 24' 15" 70.41 feet along the remainder of R. P. 7794,L. C. Aw. 10,911 to Umi; 5. 56' 01' 19" 78.96 feet along the remainder of R. P. 7794,L. C.Aw. 10,911 to Umi, along the remainder of Grant 2768 to Kaaua and along the remainder of Lot 343, Ld_ Ct.App. 1120(Map 80); 6. 145' 38' 19.84 feet along the remainder of Lot 343, Ld. Ct. App. 1120(Map 80); 7. 192° 52' 5.45 feet along Lot 289, Ld. Ct. App. 1120(Map 49); 8. Thence along the remainder of Lot 343,Ld. Ct. App. 1120(Map 80),along the remainder of Grant 2768 to Kaaua and along the remainder of R. P. 7794,L. C.Aw. 10,911 to Umi (Area 1)on a curve to the left with a radius of 350.00 feet,the chord azimuth and distance being: 195' 09' 400.00 feet; 9. 282° 52' 38.01 feet along the remainder of R. P. 7794,L. C. Aw. 10,911 to Umi (Area 1)to the point of beginning and containing an area of 0.397 Acre. -3- The district classification of the following area situated at Pahoa,North Kohala, Hawaii, shall be Single-Family Residential 10,000 square feet(RS-10): AREA 3 (RS-7.5 to.RS-1.0) Beginning at the northwest corner of this parcel of land,being also the northeast corner of Area 2, the coordinates of said point of beginning referred to Government Survey Triangulation Station"PUU O NALE", being 14,608.90 feet North and 6,921.87 feet East, thence running by azimuths measured clockwise from true South: 1. 282' 52' 155.40 feet along the remainder of R.P. 7794,L. C. Aw. 10,911. to Umi and along the remainder of Lot 343, Ld. Ct. App. 1120(Map 80)(Area 4); 2. Thence along the remainder of Lot 343,Ld. Ct. App. 1120(Map 80) on a curve to the left with a radius of 300.00 feet, the chord azimuth and distance being: 332' 58' 32" 192.46 feet; 3. 44' 16' 88.91 feet along the remainder of Lot 343, Ld. Ct. App. 1 l20(Map 80); 4. Thence along same on a curve to the left with a radius of 500.00 feet, the chord azimuth and distance being: 41° 19' 41" 51.27 feet; 5. 128' 23' 22" 21.00 feet along the remainder of Lot 343, Ld. Ct. App. 1120(Map 80); 6. 121' 00' 133.97 feet along the remainder of Lot 343, Ld. Ct. App. 1.120(Map 80); 7. 187' 05' 33" 122.91 feet along the remainder of Lot 343, Ld. Ct. App. 1120(Map 80)(Area 2); 8. 165' 31' 05" 107.62 feet along the remainder of Lot 343, Ld. Ct. App. 1120(Map 80) and along the remainder of R. P. 7794,L. C. Aw. 10,911 to Umi (Area 2)to -4- the point of beginning and containing an area of 0.990 acre. The district classification of the following area situated at.Pahoa,North Kohala, Hawaii, shall be Single-Family Residential-- 10,000 square feet (RS-10): AREA 4 (A-20a to RS-.10) Beginning at the northwest corner of this parcel of land, being also the northwest corner of Lot 343, Land Court Application 1120(Map 80), the coordinates of said point of. beginning referred to Government Survey Triangulation Station "PUU O NALE", being 15,210.07 feet North and 7,003.85 .feet East,thence running by azimuths measured clockwise from true South: 1. 281° 10' 20" 619.27 feet along Lot 177-B, Ld. Ct. App. 1120(Map 35); Thence along the remainder of Lot 343,Ld. Ct. App. 1120(Map 80) for the next eight(8) courses,the direct azimuths and distances being: 2. 12° 52' 417.24 feet (Area 8); 3. 102° 52' 146.00 feet(Area 7); 4. 192° 52' 59.00 feet(Area 5); 5. 102' 52' 302.00 feet (Area 5); 6. 12' 52' 76.64 feet(Area 5); 7. Thence along same on a curve to the left with a radius of 400.00 feet,the chord azimuth and distance being: 5° 11' 30" 106.84 feet, 8. 357° 31' 54.83 feet(Area 5); 9. Thence along Area 5 on a curve to the left with a radius of 300.00 feet,the chord azimuth and distance being: 354° 36' 02" 30.52 feet; -5- 10. 102° 52' 155.40 feet along the remainder of Lot 343, Ld. Ct. App. H 20(Map 80)and along the remainder of R. P. 7794,L. C. Aw. 10,911. to Umi (Area 3); 11. 165 31' 05" 117.44 feet along the remainder of R. P. 7794,L. C. Aw. 10,911 to Umi (Area 1); 12. 192' 52' 500.00 feet along the remainder of R. P. 7794, L. C. Aw. 10,911 to Umi and along Lot 177-A, Ld. Ct. App. 1120 (Map 35) to the point of beginning and containing an area of 6.191 acres. The district classification of the following area situated at Pahoa,North Kohala, Hawaii, shall be Single-Family Residential—7,500 square feet (.RS-7.5): AREA 5(A-20a to RS-7.5) Beginning at the southeast corner of this parcel of land,being also the northwest corner of Area 6,the coordinates of said point of beginning referred to Government Survey Triangulation Station"PUU O NALE",being 14,509.63 feet North and 7,356.50 feet East,thence running by azimuths measured clockwise from true South: Along the remainder of Lot 343,Ld. Ct. App. 1120(Map 80) for the next eight(8)courses, the direct azimuths and distances being: 1. 102' 52' 290.43 feet; 2. Thence along Area 4 on a curve to the right with a radius of 300.00 feet,the chord azimuth and distance being: 174' 36' 02" 30.52 feet; 3. 177" 31' 54.83 feet(Area 4); -6- 4. Thence along Area 4 on a curve to the right with a radius of 400.00 feet,the chord azimuth and distance being: 185` 11' 30" 106.84 feet; 5. 192° 52' 76.64 feet(Area 4); 6. 282° 52' 302.00 feet(Area 4); 7. 12' 52' 106.28 feet(Areas 4 and 7); 8. Thence along Area 7 on a curve to the left with a radius of 480.00 feet,the chord azimuth and distance being: Y 25' 157.62 feet; 9. 353' 58' 2.78 feet (Area 7)to the point of beginning and containing an area of 1.805 Acres. The district classification of the following area situated at Pahoa,North Kohala,' Hawaii, shall be Single-Family Residential— 15,000 square feet(RS-15): AREA 6(RS-7.5 to RS-15) Beginning at the northwest corner of this parcel of land,being also the southeast corner of Area 5,the coordinates of said point of beginning referred to Government Survey Triangulation Station"PUU O NALE",being 14,509.63 feet North and 7,356.50 feet East,thence running by azimuths measured clockwise from true South: Along the remainder of Lot 343,Ld. Ct. App. 1120(Map 80) for the next six (6)courses,the direct azimuths and distances being: 1. 282° 52' 206.04 feet(Area 7); 2. 12° 52' 158.65 feet(Area 7); 3. Thence along a curve to the right with a radius of 150.00 feet,the chord azimuth and distance being: 83° 13' 19" 112.60 feet; 4. 105° 16' 62.55 feet; -7- 5. Thence along a curve to the left with a radius of 400.00 feet, the chord azimuth and distance being: 184° 37' 147.85 feet; 6. 173' 58' 50.27 feet to the point of beginning and containing an area of 0.783 acre. The district classification of the following area situated at Pahoa,North Kohala, Hawaii, shall be Single-Family Residential— 15,000 square feet(RS-15): AREA 7 (A-20a to RS-15) Beginning at the northwest corner of this parcel of land,being also the northeast corner of Area 8 the coordinates of said point of beginning referred to Government Survey Triangulation Station"PUU O NALE",being 15,035.39 feet North and 7,888.29 feet East,thence running by azimuths measured clockwise from true South: 1. 281' 10' 20" 176.68 feet along Lot 177-B,Ld. Ct. App. 1120(Map 35); 2. 284' 45' 35.02 feet; Thence along Lot 176,Ld. Ct. App. 1120(Map 32)for the next nine(9) courses,the direct azimuths and distances being: 3. 18° 15' 100.94 feet; 4. 49° 30' 107.00 feet; 5. 2° 11' 75.30 feet; 6. 52° 38' 82.88 feet; 7. 34° 19' 199.18 feet; 8. 13' 23' 115.87 feet; 9. 55° 56' 51.30 feet; 10. IT 00' 30" 71.79 feet; -8- 11. 338' 37' 199.67 feet; 12. 98° 18' 291.26 feet along Grant 737 to Kapana; 13. 192' 52' 287.35 feet along the remainder of Lot 343, Ld. Ct. App. 1120(Map 80); 14. 102' 52' 206.04 feet along the remainder of Lot 343, Ld. Ct. App. 1120(Map 80)(Area 6); 15. 173' 58' 2.78 feet along the remainder of Lot 343, Ld. Ct. App. 1120(Map 80) (Area S)� 16. Thence along same on a curve to the right with a radius of 480.00 feet,the chord azimuth and distance being: ,183- 25' 157.62 feet; 17. 192' 52' 47.28 feet along the.remainder of Lot 343, Ld. Ct. App. 1120 (Map 80)(Area 5); 18. 282° S2' 146.00 feet along the remainder of Lot 343, Ld. Ct. App. 1120 (Map 80)(Area 4); Thence along the remainder of Lot 343,Ld. Ct. App. 1120(Map 80)(Area 8)for the next eight(8)courses, the direct azimuths and distances being: 19. 12' 52' 47.28 feet; 20. 31` 58' 06" 103.18 feet; 21. 299' 09' 60.09 feet; 22. 212' 18' 135.76 feet; 23. 301` 38' 140.78 feet; 24. 206' 46' 209.03 feet, -9- 25_ Thence along a curve to the left with a radius of 590.00 feet, the chord azimuth and distance being: 201' 46' 102.84 feet; 26. 196' 46' 200.44 feet to the point of beginning and containing an area of 4.741 acres. The district classification of the following area situated at Pahoa,North Kohala, Hawaii, shall be Open(0): AREA 8(A-20a to OPEN) Beginning at the northeast coiner of this parcel of land,being also the northwest corner of Area 7 the coordinates of said point of beginning referred to Government Survey Triangulation Station"PUU O NALE",being 15,035.39 feet North and 7,888.29 feet East,thence.running by azimuths measured clockwise from true South: Along the remainder of Lot 343, Ld. Ct. App. 1120(Map 80) for the next eight(8)courses,the direct azimuths and distances being: 1. 16' 46' 200.44 feet(Area 7); 2. Thence along same on a curve to the right with a radius of 590.00 feet,the chord azimuth and distance being: 21' 46' 102.84 feet; 3. 26' 46' 209.03 feet(Area 7); 4. 121' 38' 140.78 feet (Area 7); 5. 32' 18' 135.76 feet(Area 7); 6. 119' 09, 60.09 feet(Area 7); 7. 211' 58' 06" 103.18 feet(Area 7); 8. 192' 52' 464.52 feet(Areas 7 and 4); -10- 9. 281' 10' 20" 282.26 feet along Lot 177-B, Ld. Ct. App. 1120 (Map 35) to the point of beginning and containing an area of 2.943 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: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) 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. A. The applicant,its successors or assigns shall be responsible for complying with all 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" prior to final subdivision approval. The applicant shall make any improvements required by the.Department of Water Supply. C. Final Subdivision Approval of the proposed subdivision shall be secured from the Planning Director within five(5)years from the effective date of this ordinance. D. Access to the project site from the Akoni Pule Highway shall meet with the approval of the State Department of Transportation. -11- E. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. 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 Final Subdivision Approval. F. A National Pollutant Discharge Elimination System (NPDES)permit and an Underground.Injection Control.(UIC)permit, if required, shall be secured from the State Department of Health before the commencement of construction activities. G. A Solid Waste Management.Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of Final Subdivision Approval. H. Should any remains of historic sites, such as rock walls,terraces,platforms, marine shell concentrations or human burials be encountered,work in the immediate area shall cease and the Department of Land and Natural Resource- State Historic Preservation Division(DLNR-SHPD)shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. I. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire,police, solid waste disposal facilities and roads. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the unit counts are -12- adjusted. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval or within five years from the effective date of this change of zone ordinance,whichever occurs first. The fair share contribution for each unit shall be based on the number of units developed. The applicant shall be exempt from£air share requirements for all units sold or rented to households earning less than 80% of the median family income. The fair share contribution in a form of cash., laird, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance,based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of$12,059.55 per single family residential unit. The applicant shall be required to submit information regarding the amount of units sold or rented to households earning more than 80%of the median family income to calculate the total amount of fair share contribution owed by the applicant. The fair share contribution per single family residential unit shall be allocated as follows: 1. $5,815.33 per single family residential unit to the County to support park and recreational improvements and facilities; 2. $280.53 per single family residential unit to the County to support police facilities; 3. $554.09 per single family residential unit to the County to support-fire facilities; -13- 4. $242.59 per single family residential unit to the County to support solid waste facilities; and 5. $5,167.02 per single.fam.ily residential unit to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development,subject to the review and recommendation of the Planning Director,upon consultation with the appropriate agencies and approval of the County Council. J. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction or the assessment of impact fees,conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. K. 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,Hawai`i 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. L. The applicant shall comply with all applicable County, State and Federal laws, rules,regulations and requirements. M. An initial extension of time for the performance of conditions within the ordinance may be granted by the Director upon the following circumstances: -14- r 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 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 Director shall submit the applicant's request to the County Council for appropriate action. 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. -15- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI`I Hilo , Hawai`i Date of Introduction: September 21, 2010 Date of Ist Reading: September 21, 2010 Date of 2nd Reading: October 6, 2010 Effective Date: October 22, 2010 ALFEP,ENCEs Cana 888 -16- r I � y A-20a f AREA 4 i AGRICULTURAL-TWENTY ACRES(A-20a), A-20a -. TO SINGLE-FAMILY RESIDENTIAL-10,000 ' A-20a SQ.FT(RS-10) 6.191 ACRES 15,21D.OT N 7.003.85'E A-20a 'U O NALE" AREA 8 A-20a AGRICULTURAL-TWENTY ACRES (A-20a)TO OPEN 2.943 ACRES AREA 5 AGRICULTURAL-TWENTY ACRES(A-20a), _ 75,035.39'N TO SINGLE-FAMILY RESIDENTIAL-7,500 _ 7,BB829'E A-20a SQ.FT IRS-7.5j Area"6: '1'U'U O NALE" 1.805 ACRES 14$08 9d N `•� 14.722.02'N }8T E r A'Yalf 8 6.892,5dE ,JUl3N y t A-20a 'TPU'U 0 NALE' j A-20a Ase g AREA 7 AGRICULTURAL-TWENTY ACRES(A-20a), AREA 1 ' TO SINGLE-FAMILY RESIDENTIAL-15,000 AGRICULTURAL-TWENTY ACRES %c SQ.FT(RS-15) 4,741 ACRES (A-20a)TO OPEN 0.530 ACRES a $Krea 7 Atea 3 14,509.63'N a " 7,956.50' AREA? 'PU'U O NALE SINGLE-FAMILYR.ESIDENTIAL- 0a P5-15r �� 15 7,500 SQ.FT(RS-7.5)TO OPEN 0.397ACRES - .5 AREA P5-7.5 SINGLE-FAMILY RESIDENTIAL-7,500 _ AREA 6 SQ.FT(RS-7.5),TO SINGLE-FAMILY SINGLE-FAMILY RESIDENTIAL-7,50D RESIDENTIAL 0.SQ.FT(RS-10) SQ.FT(RS-7.5),TO SINGLE-FAMILY 0.990 ACRES RESIDENTIAL-15,000 SQ.FT(RS-15) 0.783 ACRES 11 R5-15 5 AKONI PUL N1G��wAY �. A-20a A-20a ❑ A2 a N A-20a A-20a A-5a A-5a L A-5a K5-15 Feet 0 500 1,000 1,500 2,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-7(NORTH AND SOUTH KOHALA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAVI COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL-TWENTY ACRES (A-20a)AND SINGLE-FAMILY RESIDENTIAL-7,500 SQ.FT(RS-7.5), TO SINGLE-FAMILY RESIDENTIAL-15,000 SQUARE FEET(RS-15), SINGLE-FAMILY RESIDENTIAL- 10,000 SQUARE FEET (RS-10), SINGLE-FAMILY RESIDENTIAL-7,500 SQUARE FEET(RS-7.5), AND OPEN. AT PAHOA, NORTH KOHALA DISTRICT, HAWAH MAP PREPARED BY: COUNTY OF HAWAI`I, PLANNING DEPARTMENT -01 o i n DATE:Dec.01,2009 EXHIBIT"A„ Hawaii Island Community Devel.Corp.(HICDC) neap 19AR OFFICE OF THE COUNTY CLERK County of Hawaii Hilo. Hawaii Introduced By: Donald Ikeda ROLL CALL VOTE Date Introduced: September 21 2010 -- , EX First Reading: September 21, 2010 T_ I.nriques ( X Published: September 30, 2010 Ford ;;,_;:,., Greenwell 1 X REMARKS: Hoffmann X Ikeda X ---- — Naeole-Beason x i j .._.........._ _.-.._._._ _ Onishi X plyYagong _ x -- , oshimoto -- X —' Second Reading,: October 6, 2010 9 0 0 — 0 To Mayor: October 14, 2010 Returned: October 22, 2010 ROLL CALL VOTE Effective: October 22, 2010 AYES NOES ABS EX Published: November 1, 2010 Enriques X Ford X RE419RKS: Greenwell X }loiimann s x Ikeda X �— _._.__ Naeoie-Beason X --- ---- Onishi X Yagong X Yoshimoto i x _.._._._ 7 0 2 0� I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicerted above. APPROVED AS TO ,..n(-� H.4 FO AND LEGA TY: _..CUlR�/A;V D PU YCORPORATION COUNSEL -COU47Y OF HAWAI'I . Date OCT 2 0 2010 COUNTY CLERK Bill No.: 274 C-888/PC-91 .4pprone t('I appt rned this ? __--ctcn Reference: n --- .._................ Ord No.: 10 101 o , 'L 70 MAYOR, COUNTY01-'HAWA1'I Mitchell D. Roth oJNtvfec h�kq Zendo Kern ol Mayor ��J�b�t,. Director Lee E.Lord Jeffrey W.Darrow Managing Director Deputy Director ,T!OF•M/� West Hawai'i Office East Hawaii Office 74-5044 Ane Keohokalole Hwy 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawai i Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 November 15, 2023 Mr. Keith Kato, Executive Director Hawaii Island Community Development Corporation 100 Pauahi Street, Suite 201 Hilo, HI 96720 E-mail: keith.hicdc(apgtnail.com Dear Keith: SUBJECT: Application: SUBDIVISION VARIANCE I PL-SVAR-2023-000040 Applicant: HAWAI`I ISLAND COMMUNITY DEVELOPMENT CORPORATION/KEITH KATO Owners: HAWAI`I ISLAND COMMUNITY DEVELOPMENT CORPORATION Request: Variance from Chapter 23, Subdivisions,Article 3, Division 4, Street Design, Section 23-41, Minimum Right-of-Way, and Pavement Widths; Reduced curb height of five inches in lieu of six inches and asphalt pavement thickness of two inches in lieu of three inches. Tax Map Key: (3) 5-5-019:025 and 27 (PL-SUB-2023-000199) Upon review of your variance application, the Planning Director certifies the approval of Variance PL-SVAR-2023-000040 subject to variance conditions. The variance grants relief for subdivision PL-SUB-2023-000199 from constructing minimum County dedicable roadway improvements as required by Hawaii County Code (HCC), Chapter 23 (Subdivisions). The variance is from the proposed subdivision's minimum requirements pursuant to HCC, Chapter 23 (Subdivisions), Article 3, Division 4, Street Design, Section 23-41, Minimum Right- of-way (r-o-w) and Pavement Widths, Reduced curb height of five (5) inches in lieu of six (6) inches and asphalt pavement thickness of two (2) inches in lieu of three (3) inches. Planning Dept. Exhibit 2 wNNw.planning.hawaiicounty.eov Hawaii County is an Equal Opportunily,Provider and Employer planningLdhawaiicounty_gov Mr. Keith Kato, Executive Director Hawaii Island Community Development Corporation PL-SVAR-2023-000040 Approval Letter November 15, 2023 Page 2 BACKGROUND 1. Location. The subject property contains approximately 18,301 acres and is situated in Pahoa,North Kohala, Island of Hawaii. 2. County Zoning. Single-Family Residential-7,500 sq. ft. (RS-7.5); Single-Family Residential-10,000 sq. ft. (RS-10); Single-Family Residential-15,000 sq. ft. (RS-15) and Open (0). 3. State Land Use. Urban (U). 4. General Plan. Land Use Pattern Allocation Guide (LUPAG) map designates the property as Low Density Urban(ldu). 5. Subdivision Code Requirements. Hawaii County Code,Chapter 23, Subdivisions requires that subdivisions in the RS-7.5 and RS-10 zoning district be served by minimum right-of- way and paving widths of 50-feet and 20-feet, respectively, and full right-of-way improvement to include paved shoulders and swales. 6. Subdivision Request/PPM. Subdivision application PL-SUB-2023-000199 was submitted to subdivide the subject property. Action on the subdivision application has been deferred pursuant to letter of road improvement requirements dated October 20, 2023, in the subdivision file. 7. Variance Application. The variance request from roadway improvements was acknowledged by Planning Department letter dated September 26, 2023. This variance application includes background history and circumstances and information regarding the pending subdivision application. 8. Variance Application (PL-SVAR-2023-000040) Agency Comments and Requirements. a. Department of Public Works—Engineering Division(DPW): See attached memorandum dated October 23, 2023. (Exhibit A) 9. Notice to Surrounding Owners/Posted Sign. The applicant submitted evidence, dated October 5, 2023, regarding the posting of a public notification sign on the subject property pursuant to Section 23-17(c) of the Hawaii County Code (HCC). Pictures of the posted sign were also submitted. Evidence submitted on October 2, 2023, also indicates that a notice of the application was sent to the surrounding property owners as required by Section 23-17(a). Mr. Keith Kato, Executive Director Hawaii Island Community Development Corporation PL-SVAR-2023-000040 Approval Letter November 15, 2023 Page 3 10. Comments from Surrounding Property Owners or Public. There were no comments received from any neighbors or the public. ANALYSIS OF GROUNDS FOR ROADWAY VARIANCE No roadway variance will be granted unless it is found that: (a) There are special or unusual circumstances applying to the subject real property which exist either to a degree which deprives the owner or applicant of substantial property rights that would otherwise be available or to a degree which obviously interferes with the best use or manner of development of that property. The Roadway Variance application meets criterion (a) for the following reasons(s): The subdividers are requesting a variance to allow for the development of the proposed 33 lots,which will consist of 32- 10,000+square foot parcels and one remnant parcel consisting of 8.1 acres. The variance from Chapter 23, Subdivisions, Article 3, Division 4, Street Design, Section 23-41, Minimum Right-of-Way, and Pavement Widths; Reduced curb height of five inches in lieu of six inches and asphalt pavement thickness of two inches in lieu of three inches. The applicant has stated in its background report in part: "The topography of the site includes steep drop offs on the east side and west sides of the property. To get the maximum numher of'lots with 10,000 square feet minimum lot sizes requires that four rows of lots and two right-of-ways he fitted into the area between slopes. The two outside rows of lots along the drop offs have minimum depths required to create lots with sufficient level area suitable fbr self-'help housing. If the full 50 foot right-of=way were to he used this would result in a loss of 16 feet from the two middle rows of lots." Therefore, given the existing topography it is maintained that there are special and unusual circumstances applying to the subject property which exist to a degree where denial of this variance would deprive the owner's substantial property rights that would otherwise be available and would obviously interfere with the best use or manner of development of the subject property. (b) There are no other reasonable alternatives that would resolve the difficulty. The Roadway Variance application meets criterion (b) for the following reasons(s): As the applicant has stated there could be other alternatives, however the denial of this variance would reduce the number of lots within this low-cost self-help housing project. Therefore, requiring the applicant to construct roadway improvements to the County of Mr. Keith Kato, Executive Director Hawaii Island Community Development Corporation PL-SVAR-2023-000040 Approval Letter November 15, 2023 Page 4 Hawaii Subdivision Code (Chapter 23) standards is not a reasonable alternative. The applicant proposes to utilize the same Minimum Right-of-Way (r-o-w) and Pavement Widths and asphalt pavement thickness approved by the County of Hawaii in increments I and II. The applicant also stated that the six-inch curb height requirement for a level sidewalk and the two (2) foot driveway approach causes some vehicles to bottom out when crossing this section. This proposal seeks to eliminate this situation. The applicant also pointed out that that the five-inch height is the same as the county's rolled curb situation. Therefore, as stated earlier the alternative of following the code requirements is not a viable option. (c) The variance will he consistent with the general purpose of the district, the intent and purpose of this chapter,and the County general plan and will not he materially detrimental to the puhlic welfare or cause suhstantial, adverse impact to an area's character or to adjoining properties. The Roadway Variance application meets criterion (c) for the following reasons(s): Chapter 23, Subdivisions, specifically, Section 23-14, permits and provides the Planning Director with general authority to grant variances from Chapter 23. The intent and purpose of road/access requirements to a proposed subdivision is to ensure legal and physical access to the proposed lots that are clearly defined and accessible from a public road by domestic and farm vehicles, police, fire, and other service vehicles under various weather conditions without constant maintenance. Further intent of requiring full improvements within the rights-of-way is to minimize the cost of its maintenance by the County of Hawaii. The roadway improvements and asphalt thickness are consistent with those roadway improvements approved by the County of Hawaii in Phase I and Phase lI of the Kumukoa Affordable Housing Project. Given the circumstances cited in the applicant's background report and evaluation of the request to construct significant roadway improvements, the Planning Department has concluded that roadway improvements required for proposed 33-lot subdivision, stipulated in Chapter 23, Subdivisions, are not necessary and can be remedied with this variance approval with conditions. The proposed affordable housing project is consistent with the General Plan Land Use and Housing foals and policies by providing a diversity of housing choices to meet a range of Mr. Keith Kato, Executive Director Hawaii Island Community Development Corporation PL-SVAR-2023-000040 Approval Letter November 15, 2023 Page 5 housing needs and designing in accordance with the environment. Based on the foregoing findings, this variance request would be consistent with the general purpose of the zoning district and the intents and purposes of the Zoning Code, Subdivision Code, and the County General Plan. Furthermore, it is felt that the applicant's request for variance from dedicable roadway improvements will not be materially detrimental to the public's welfare and does not cause substantial adverse impact to the area's character and to adjoining properties. DETERMINATION-VARIANCE CONDITIONS The variance to permit the proposed thirty-three (33) lot subdivision of the subject property without providing a County dedicable roadway, and in lieu, utilizing a privately owned non- dedicable road is hereby approved subject to the following variance conditions: 1. The applicant, owners, their assigns, or successors shall be responsible for complying with all stated conditions of approval. 2. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. 3. The subdivider and all grantees, successors, and assigns acknowledge that the parcels were created by a variance from the normal subdivision requirements of Hawaii County, and that there are no longer any special or unusual circumstances applying to the property, and hence, no grounds exist or will exist for another variance from the Subdivision Code to permit further subdivision of the subdivided properties. 5. Upon written demand of the County of Hawaii, the applicant and/or owners, their assigns, or successors shall agree to participate and pay their fair share percentage of any improvement district adopted for the purpose of roadway improvements serving the proposed lots. Should the improvement district require acquisition of any privately owned right-of- ways fronting the lots, such right-of-ways shall be dedicated to the County without cost and the value of the dedication credited to the fair share contribution of the respective lot owner(s). 6. No condominium property regime will be allowed, nor will an `Ghana Dwelling Unit be permitted or allowed. This restriction shall be recorded with each deed recorded at the Bureau of Conveyance and a copy of the deed provided to the Planning Department for our files. Mr. Keith Kato, Executive Director Hawaii Island Community Development Corporation PL-SVAR-2023-000040 Approval Letter November 15, 2023 Page 6 7. The pending subdivision application's (PL-SUB-2023-000199) final plat map shall meet all the requirements of the Hawaii County Zoning Code and the Subdivision Code that are not covered by this variance. 8. The subdivider,owner(s),their assigns,or successors shall pay any outstanding real property taxes and comply with all other applicable State statutes and County ordinances pertaining to building improvements and land use. Should any of the foregoing conditions not be complied with, the Planning Director may proceed to declare this Variance Permit null and void. Sincerely, ze,40 lWw Zendo Kern(Nov 17,2023 12:57 HST) ZENDO KERN Planning Director LHN:ta \\coh01\p1anning\pubhc\Admin Permits Division\Vaiiance\2023\PL-SVAR-2023-000040 HICDC-Kato\APVL.docx Encls.: Agency Comments, Exhibits A xc: DPW HFD DOH DWS PL-SUB-2023-000199 Alan Gunn, GIS Section (via email) DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: October 23, 2023 X&NOW044aw TO: PLANNING DEPARTMENT dd FROM: DEPARTMENT OF PUBLIC WORKS SUBJECT : VARIANCE APPLICATION (PL-SVAR-2023-000040) Applicant: HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATIONXEITH KATO Owners: HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION Request: Variance from Chapter 23, Subdivisions, Article 3, Division 4, Street Design, Section 23-41, Minimum Right-of-Way and Pavement Widths; Reduced curb height and asphalt pavement thickness. TMK: 5-5-019:025 and 27 Reference: PL-SUB-2023-000199 We have reviewed the subject application received on September 29, 2023 and offer the following comment: We believe the minimum road improvement requirements codified within Chapter 23 of the Hawaii County Code provide public welfare and safety. However, should the Planning Director determine that Section 23-15 is applicable, we defer to the director's authority. Should there be any questions concerning this matter,please contact Robyn Matsumoto in our Engineering Division at 961-8924. RM EXHIBIT A Of W A'PER SL F DEPARTMENT OF WATER SUPPLi- C6lJN'Y OAAWAVl ` of AN;A, n* 345 KEKUANAO'A STREET TELEPHONE (808) 961-80I50 ?TE OFRXlTtgl November 30, 2023 TO: Mr. Zendo Kern, Director Planning Department FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Preliminary Plat Map and Defer Action Subdivider: Hawaii Island Community Development Corporation "Kumakua Affordable Housing, Phase III" Tax Map Key (3) 5-5-019:025 and 027 (PL-SUB-2023-000199) We have reviewed the subject application and have the following comments and conditions. Please be informed that the applicant had a water commitment for 22 additional units of water remaining from the Planned Unit Development Application (PUD 06-000005), which expired on October 31, 2020. There are two (2) units of water designated to Parcel No. 25 from Phase I1. The Department will provide a water commitment for nine (9) additional units of water for the project due to the affordable housing nature of the development. To effect a water commitment time extension until October 31, 2024, the applicant shall remit a water commitment deposit as soon as possible, as shown below: WATER COMMITMENT DEPOSIT (WCD): 22 additional unit(s) at $150.00/unit, 4 years $13,200.00 9 additional unit(s) at $150.00/unit, I year $1 350.00 WC Deposit $14,550.00 Otherwise, the water commitment for the proposed development will no longer be in effect and the total water commitment deposit to date will be forfeited. If forfeited, water availability may be subject to change without notice, depending on prevailing conditions. For the applicant's information, final subdivision approval will be subject to compliance with the following requirements: Planning Dep;. Exhibit 3 Water, Our91lost Precious 12esource . . . Ka vilai,4 Kffne . . . The Department of Water Supply rs an Equal Opportunity provider and employer. Mr. Zendo Kern, Director Page 2 November 30, 2023 1. Construct necessary water system improvements, which shall include, but not be limited to: a. water mains capable of delivering water at adequate pressure and volume under peak-flow and fire-flow conditions; minimum diameter of mains shall be 8 inches, b. service laterals that will accommodate 5/8-inch meter to each lot, C. fire hydrants spaced no more than 600 feet apart and within 300 feet of the driveway or access for each lot. On dead-end streets, the last fire hydrant shall be located at one-half the distance from the last house, or unit, fronting the property line, or to the driveway or access for the property, and d. subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. Submit construction plans and design calculations prepared by a professional engineer, registered in the State of Hawaii, for review and approval. 2. Remit the prevailing facilities charge, which is subject to change, as shown below: FACILITIES CHARGE (FC): 2 units of water from previous subdivision 0.00 31 additional units na, $6,095.00/unit $188 945 00 Total FC $188,945.00 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 final facilities charge 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 water system improvements and necessary easements to the Water Board of the County of Hawaii prior to final subdivision approval being granted. A registered land 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 Board. Mr. Zendo Kern, Director Page 3 November 30, 2023 Should there be any questions,please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at(808) 961-8070,extension 256. Sincerely yours, 1(ti ',kA4 Keith K. Okamoto, P.E. Manager-Chief Engineer RQ:dfg copy—Hawai`i Island Community Development Corporation Rommel Ofalsa, LPLS, Sam O. Hirota, Inc. OF W AT&8 S 4'��l. ls1 ias '* DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAVI 345 KEKUANAO`ASTREET, SUITE 20 HILO, HAWAI`I 96720 TELEPHONE(808)961-8050 • FAX(808)961-8657 February 5, 2024 Mr. Keith Kato Hawaii Island Community Development Corporation 100 Pauahi Street, Suite 201 Hilo,HI 96720 Dear Mr. Kato: Subject: Water Commitment Time Extension for PL-SUB-2023-000199 "Kumakua Affordable Housing,Phase III" Tax Map Key (3) 5-5-019:025 and 027 This is to acknowledge receipt of the required$14,550.00 water commitment deposit for the subject application. Pursuant to Rule 5 of the Department's Rules and Regulations, a water commitment time extension for the proposed development in the amount of 12,400 gallons per day, or 31 additional units of water at an average of 400 gallons per day,per unit, is hereby granted until October 31, 2024, with the following conditions: 1. Construct necessary water system improvements, which shall include,but not be limited to: a. water mains capable of delivering water at adequate pressure and volume under peak-flow and fire-flow conditions; minimum diameter of mains shall be 8 inches, b. service laterals that will accommodate 5/8-inch meter to each lot, C. fire hydrants spaced no more than 600 feet apart and within 300 feet of the driveway or access for each lot. On dead-end streets,the last fire hydrant shall be located at one-half the distance from the last house, or unit, fronting the property line, or to the driveway or access for the property, and d. 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. Planning D e p;. . . . dater, Our Wost Precious resource. . . Xa `iNai A Xane. . . Exhibit 3 The Department of Water Supply is an Equal Opportunity provider and employer. Mr. Keith Kato Page 2 February 5, 2024 Submit construction plans and design calculations prepared by a professional engineer, registered in the State of Hawaii, for review and approval. 2. Remit the prevailing facilities charge,which is subject to change,as shown below: FACILITIES CHARGE (FC): 2 units of water from previous subdivision $0.00 31 additional units & $6,095.00/unit $188,945.00 Total FC $188,945.00 WATER COMMITMENT DEPOSIT CREDIT (WCD): 22 additional units @ $150.00/unit,paid 16 times ($52,800.00) 9 additional units& $150.00/unit,paid once ($1,350.00), Total FC $134,795.00 These are due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. For your information,water commitment deposits are credited towards the final facilities charge 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 water system improvements and necessary easements to the Water Board of the County of Hawaii prior to final subdivision approval being granted. A registered land 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 Board. 4. Comply with all other applicable policies and requirements of the Department's Rules and Regulations. Noncompliance may be cause for voiding this water commitment, at which time availability will be subject to change in accordancewith prevailing water system conditions, policies, and Rules and Regulations. Mr. Keith Kato Page 3 February 5, 2024 Should there be any questions,please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at(808) 961-8070, extension 256. Sincerely yours, �V Keith K. Okamoto,P.E. Manager-Chief Engineer RQ:dfg copy—Planning Department Sam O. Hirota, Inc. J��VOi N� Mitchell D.Roth ' ' b � Ramzi I.Mansour 4. Director Mayor Lee Lord Brenda Iokepa-Moses Managing Director Deputy Director County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuando`a Street,Suite 41 •Hilo,Hawaii 96720 • cohdem@hawaiicounty.gov Ph: (808)961-8083 •Fax: (808)961-8086 MEMORANDUM TO: Zendo Kern, Director Planning Department FROM: Ramzi I. Mansour, Director Department of Environmental Management ��r DATE: December 6, 2023 SUBJECT: Change of Zone Amendment Application No. PL-REZ-2023-000054 Amendment to Change of Zone Ordinance No. 10-101 (REZ-09-000112) Applicant: Hawaii Island Community Development Corporation(HICDC) Request: Amendment for a 5-Year Time Extension to Condition C (Final Subdivision Approval) Tax Map Key: (3) 5-5-019:025 and 027, North Kohala, Hawaii The Solid Waste Division has reviewed the subject application and provides the following comments (contact the Solid Waste Division for details): • Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. • Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. • Ample room should be provided for rubbish and recycling. • Green waste may be transported to the green waste sites located at the West Hawaii Organics Facility and East Hawaii Organics Facility, or other suitable diversion programs. • Construction and demolition waste is prohibited at all County Transfer Stations. • Submit Solid Waste Management Plan in accordance with attached guidelines. The Wastewater Division has reviewed the subject application and provides the following comments (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. County of Hawai'i is an Equal Opportunity Provider and Employer Exhibit 4 ' '�� y '� Ramzi I.Mansour Mitchell D.Roth Director Mayor Lee Lord � i �;��` Brenda Iokepa-Moses +o►N�Managing Director 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 May 5, 2023 SOLID WASTE MANAGEMENT PLAN Guidelines INTENT AND PURPOSE This is to establish guidelines for reviewing Solid Waste Management Plans, for which special conditions are placed on developments. The Solid Waste Management Plan will be used to (1) promote and implement recycling and recycling programs; (2)predict the waste generated by the proposed development to anticipate the impacts on County Solid Waste Management Facilities; and(3)predict the additional vehicular traffic being generated because of waste and recycling transfers. A State of Hawaii licensed engineer or architect shall prepare a suitable Solid Waste Management Plan for review by the Department of Environmental Management, REPORT The Solid Waste Management Plan will contain the following: 1. Description of the project and the potential waste that may be generated: e.g., analysis of anticipated waste volume and composition. This includes waste generated during the construction and operation or maintenance phases. Waste types shall include(but not be limited to): A. Organics (including food waste and green wastes); B. Construction and Demolition materials; C. Paper(including cardboard); D. Metal (including ferrous and non-ferrous metals); E. Plastic; F. Special(including ash, sludge,treated medical waste,bulky items, tires); G. Hazardous (including paint,vehicle fluids, oil,batteries); and H. Glass. 2. Indicate onsite source separation by waste type, e.g., source separation bins for glass, metal,plastic, cardboard, aluminum, et cetera. Provide ample space for rubbish and recycling. 3. Identification and location of the proposed waste reduction,waste re-use,recycling facility or disposal site and associated transportation methods for the various components of the development's waste management system, including the number of vehicle Hawaii County is an Equal Opportunity Provider and Employer 2023 Solid Waste Management Plan Guidelines Page 2 of 2 movements and associated routes that will be used to transport the waste and recycled materials. 4. The report will include identification of any impacts to County-operated waste management facilities, and the appropriate mitigation measures that will be implemented by the development to minimize these impacts. 5. Analysis will be based on the highest potential use or zoning of the development. REQUIREMENTS AND CONDITIONS 1. A Solid Waste Management Plan will be prepared for all developments including but not limited to projects that are required to perform an EA, EIS, or Special Use Permit, as defined under the policies of the Department of Environmental Management. 2. The Department of Environmental Management will require the developer to provide or resolve all recommendations and mitigation measures as outlined in the solid waste management plan,besides any conditions placed on the applicant herein. 3. A State of Hawaii licensed engineer or architect will draft and certify in writing the Solid Waste Management Plan as complying with applicable Federal, State, and County of Hawaii Solid Waste laws,regulations, and administrative rules. Should you require additional information, please contact the Solid Waste Division at swd@hawaiicounty.gov or at(808)961-8270. CONCUR: qrUenJ*da1o1ke&pa-..Woseks� ` DEPUTY DIRECTOR (For Rarnzi I. Mansour, DIRECTOR) JOSH GREEN, M.D. o KENNETH S. FINK, M.D,MGA, MPH q6.........�!4 GOVERNOR OF HAWAII �rf. e ss a`y DIRECTOR OF HEALTH KE KIA'AINA O KA MOKU'AINA O HAWAI'I y,: KA LUNA HO'OKELE =L y.v ;xs 4Qq ...............off', �'O.utraom STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 H I LO, HAWAII 96721-0916 MEMORANDUM DATE: December 1, 2023 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Change of Zone Amendment Application No. PL-REZ-2023-000054 Amendment to Change of Zone Ordinance No. 10-101 (REZ-09-000112) Applicant: Hawaii Island Community Development Corporation (HICDC) Request: Amendment for a 5-Year Time Extension to Condition C (Final Subdivision Approval) Tax Map Key: (3) 5-5-019:025 and 027, North Kohala, Hawaii In most cases,the District Health Office will no longer provide individual comments to agencies or project owners to expedite the land use review and process. Agencies,project owners, and their agents should apply Department of Health"Standard Comments"regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: https://health.hawaii.gov/epo/landuse/. Contact information for each Branch/Office is available on that website. Note: Agencies and project owners are responsible for adhering to all applicable standard comments and obtaining proper and necessary permits before the commencement of any work. General summary comments have been included for your convenience. However, these comments are not all-inclusive and do not substitute for review of and compliance with all applicable standard comments for the various DOH individual programs. Clean Air Branch 1. All project activities shall comply with the Hawaii Administrative Rules (HAR), Planning Dept. Exhibit 5 Zendo Kern December 1, 2023 Page 2 of 4 Chapters 11-59 and 11-60.1. 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/e/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:Hhealth.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 11 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: https://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 hLtps:Hhealth.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 Zendo Kern December 1, 2023 Page 3 of 4 in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11- 25. They may be responsible for fulfilling additional requirements related to the Safe Drinking Water program: hgps:Hhealth.hawaii.gov/sdwb/. 2. Standard comments for the Safe Drinking Water Branch can be found at: https: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: h=s: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 December 1, 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. JOSH GREEN,M.D. EDWIN H.SNIFFEN GOVERNOR -a•5a DIRECTOR KE KIA'AINA KA LUNA HO'OKELE Deputy Directors Na Hope Luna Ho'okele DREANALEE K.KALILI TAMMY L.LEE ROBIN K.SHISHIDO STATE OF HAWAVI I KA MOKU`AINA'O HAWAVI IN REPLY REFER TO: DEPARTMENT OF TRANSPORTATION I KA`OIHANA ALAKAU 869 PUNCHBOWL STREET STP 00352.23 HONOLULU, HAWAII 96813-5097 STP 8.3690 December 15, 2023 VIA EMAIL: planning@hawaiicounty.gov Mr. Zendo Kern, Director County of Hawaii Planning Department East Hawaii Office 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Kern: Subject: Change of Zone Amendment No. PL-REZ-2023-000054 Amendment to Change of Zone Ordinance No. 10-101 (REZ-09-000112) Hawaii Island Community Development Corporation (HICDC) Pahoa, North Kohala, Hawaii Tax Map Key: (3) 5-5-019: 025 and 027 Thank you for your letter dated November 16,2023,requesting the Hawaii Department of Transportation's (HDOT) review and comments on the subject Change of Zone Amendment. HDOT understands HICDC is requesting a 5-year time extension to develop the Kumakua Self Help Subdivision and obtain final subdivision approval. HDOT has no objection to the time extension, however, has the following comments: 1. The proposed project is approximately 2.46 miles from the boundary of Upolu Airport. All projects within 5 miles from Hawaii State airports are advised to read the Technical Assistance Memorandum (TAM) for guidance with development and activities that may require further review and permits. The TAM can be viewed at this link: http://file s.hawaii.gov/dbedt/op/docs/TAM-FAA-DOT-Airports_08-01-2016.pdf. 2. Federal Aviation Administration (FAA)regulation requires the submittal of FAA Form 7460-1 Notice of Proposed Construction or Alteration pursuant to the Code of Federal Regulations, Title 14,Part 77.9, if the construction or alteration is within 20,000 feet of a public use or military airport which exceeds a 100:1 surface from any point on the runway of each airport with its longest runway more than 3,200 feet. Construction equipment and staging area heights, including heights of temporary construction cranes, shall be included in the submittal. The form and criteria for submittal can be found at the following website: https:Hoeaaa.faa.gov/oeaaa/extemal/portalisp. Please provide a copy of the FAA response to the Part 77 analysis to the HDOT Airport Planning Section. Planning Dept. Exhibit 6 Mr. Zendo Kern, Director STP 8.3690 December 15, 2023 Page 2 3. Due to the proximity to the airport, the developer should be aware of potential noise from aircraft operations. There is also a potential for fumes, smoke,vibrations, odors, etc.,resulting from occasional aircraft flight operations over or near the project location. These impacts may increase or decrease over time and depending on airport operations. 4. The HDOT requires that the proposed development does not provide landscape and vegetation that will create a wildlife attractant,which can potentially become a hazard to aircraft operations. Please review the FAA Advisory Circular 150/5200-33C, Hazardous Wildlife Attractants On Or Near Airports for guidance. If the development creates a wildlife attractant, the developer shall immediately mitigate the hazard upon notification by the HDOT and/or FAA. 5. If a solar energy photovoltaic(PV) system is going to be installed,be aware that PV systems located in or near the approach path of aircrafts can create a hazardous condition for pilots due to possible glint and glare reflected from the PV panel array. If glint or glare from the PV array creates a hazardous condition for pilots,the owner of the PV system shall be prepared to immediately mitigate the hazard upon notification by the HDOT and/or FAA. The FAA requires a glint and glare analysis for all solar energy PV systems near airports. The www.sandia.gov/glare website has information and guidance with the preparation of a glint and glare analysis. A separate FAA Form 7460-1 will be necessary for the solar energy PV system. After the FAA determination of the Form 7460-1 glint and glare analysis, a copy shall be provided to the HDOT by the owner of the solar energy PV system. Solar energy PV systems have also been known to emit radio frequency interference (RFI) to aviation-dedicated radio signals, thereby disrupting the reliability of air-to-ground communications. Again,the owner of the solar energy PV system shall be prepared to immediately mitigate the RFI hazard upon notification by the HDOT and/or FAA. Please submit any subsequent land use entitlement-related requests for review or correspondence to the HDOT Intake email address at DOT.LandUse@hawaii.gov. If there are any questions,please contact Mr. Blayne Nikaido,Planner, Land Use Section of the HDOT Statewide Transportation Planning Office at(808) 831-7979 or via email at blayne.h.nikaido@hawaii.gov. Sincerely EDWIN H. SNIFFEN Director of Transportation