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Robert H.Command
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25 Aupuni Street,Suite 2603 • Hilo, Hawai'i 96720 • (808)961-8211 • Fax(808)961-6553
KONA: 74-5044 Ane Keohokalole Hwy.,Bldg C • Kailua-Kona,Hawaii 96740
(808)323-4444 • Fax(808)323-4440
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March 19, 2024 == T'
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Heather Kimball, Council Chair
and Members of the County Councilrs
County of Hawai`i ;
25 Aupuni Street
Hilo, HI 96720
Dear Chair Kimball and Members:
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, Hawi,North Kohala, Hawai`i
As required by Chapter 7, Sec. 6-7.5 (a)(3), Hawai`i County Charter, transmitted herewith for the
County Council's consideration and action are the Leeward Planning Commission's letter and
enclosures regarding the above-referenced request.
Sincerely,
bir✓MITCHELL D. ROTH
Mayor
TCounci I HIC DCP L-REZ-2023-0000541pc
Enclosures
cc: Planning Department Comm. No
Ref. To:
WA� Vat) County of Hawai`i is an Equal Opportunity Provider and Employer. Ref. Date
Jet ! •41y'',.
Mitchell D.Roth moo.•,,., �. •.4 Barbara DeFranco,Chair
Mayor • j `��\�'%'• �, Mahina Paishon-Duarte,Vice Chair
• �'1�'" , :• Dean Au
Deanna S. Sako y �.r Michael Dela Cruz
Managing Director g Clement"CJ"Kanuha III
County of Hawaii
LEEWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720
Phone(808)961-8288 • Fax(808)961-8742
March 15, 2024
Heather Kimball, Council Chair
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720
Dear Chair Kimball and Council Members:
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, Hawi,North Kohala,Hawaii
The Leeward Planning Commission (Commission), at its duly held public hearing on February
29, 2024, considered the above-referenced Change of Zone Amendment application for a five (5)
year time extension to Condition C (Final Subdivision Approval) of Ordinance No. 10-101. The
subject property is located along the north (makai) side of the Akoni Pule Highway
approximately 600 feet west of the Kohala High and Elementary School complex, Pdhoa, North
Kohala, Hawaii.
The Commission voted to forward a favorable recommendation to the County Council based on
the Planning Director's recommendation.
The Commission concurred with the Planning Director's following reasons for a favorable
consideration of the request. Criteria for granting the favorable recommendation are shown
below in bold print:
The applicant is requesting a 5-year time extension to Condition C (Final
Subdivision Approval) of Ordinance No. 10-101, which reclassified approximately 1.8.38
acres of land from an Agricultural 20-acre (A-20a) to a Single Family Residential-15,000
Ha-wai'i County is an Equal Opportunity Provider and Employer
Heather Kimball, Council Chair
and Members of the County Council
County of Hawai`i
March 15, 2024
Page 2
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 non-performance on timed conditions is the result of conditions that
could not have been foreseen or are beyond the control of the applicants, successors,
or assigns, and that are not the result of their fault or negligence. Between 2006 and
2010, the applicant successfully developed Phases 1 and 2 of the `Kumakua Self Help
Housing' project. These phases consisted of developing 44 self-help house lots and
homes on approximately 15 acres of land directly mauka of the subject properties.
According to the applicant, the HICDC mutual self-help housing program is
financed through the USDA Rural Development 502 Direct Loan program. These loans
are affordable for, 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.
In 2010, the applicant successfully rezoned the subject properties to develop
Phase 3 of the project consisting of an additional 32, minimum 10,000-square-foot house
lots, one 8.12-acre bulk lot, a road lot, and related infrastructure. However, the applicant
became 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 Phase 3 of the project.
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, as is evidenced by the fact that the applicant has already prepared and
submitted a subdivision application in 2023, but was informed that the time to secure
Final Subdivision Approval had expired.
Moreover, since the rezoning was approved in 2010, the applicant, which is a
non-profit, affordable housing development organization, has successfully developed
several self-help housing projects (88 units) and senior rental housing projects (202 units
island wide), with an additional 100-unit family rental project under construction to be
complete in October 2024.
Heather Kimball, Council Chair
and Members of the County Council
County of Hawai`i
March 15, 2024
Page 3
While the applicant is only requesting a 5-year time extension, the Planning
Director recommends providing a 10-year time extension to accommodate any
unanticipated complications in finalizing the proposed subdivision that may occur and to
ensure that this sorely needed affordable housing is provided in North Kohala. Conditions
of approval will require the applicant to develop the self-help housing as represented and
in conformance with an executed affordable housing agreement with the Office of
Housing and Community Development.
Based on the reasons provided it is determined that the applicant could not have
foreseen the conditions which were beyond their control and were not the result of their
fault or negligence.
Granting of the time extension amendments would not be contrary to the
General Plan, Community Development Plan or Zoning Code. The Land Use Pattern
Allocation Guide (LUPAG) Map component of the General Plan is a representation of
the document's goals and policies to guide the coordinated growth and development of
the County. It reflects a graphic depiction of the physical relationship among the various
land uses. The LUPAG Map establishes the basic urban and non-urban form for areas
within the County.
The proposed request continues to conform to the LUPAG Map, which designates
the property as Low Density Urban and allows for single-family residential, with
ancillary community and public uses, and neighborhood and convenience-type
commercial uses and the overall residential density may be up to six units per acre. The
applicant is proposing to develop Phase 3 of an affordable housing project with single
family dwellings to address the demand for affordable housing in North Kohala. This
time extension request will facilitate the continued development of a concentration of
urban activities occurring in an orderly manner for this area. Therefore, it is determined
that the request is consistent with the urban form depicted on the LUPAG Map for this
area of North Kohala.
Moreover, the North Kohala Community 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 of Hawi, Kapa`au, Halawa and Niuli`i are designated Low Density Urban."
Ordinance No. 10-101 rezoned the area from A-20a to RS-7.5, RS-10, RS-15, and
Open and the proposed subdivision will fit these designations and will be developed
consistent with requirements of the Zoning and Subdivision Codes.
Heather Kimball, Council Chair
and Members of the County Council
County of Hawai`i
March 15, 2024
Page 4
Based on the preceding, the granting of the time extension amendment would not
be contrary to the General Plan, Community Development Plan or Zoning Code.
Granting of the time extension would not be contrary to the original reasons
for the granting of the change of zone. The proposed request will not unreasonably
burden public agencies to provide infrastructure and utilities to the property. The
Department of Public Works and Department of Health had no concerns regarding the
request.
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. According to the applicant, the proposed Phase 3 roadways will be
similarly constructed to these standards, which are permitted under a roadway variance
granted in 2023. The applicant plans to dedicate these roadways to the County like they
did for the for the first two phases. The preceding will be added as a condition of
approval.
The Hawai`i Department of Transportation (HDOT) has no objection to the time
extension, however the HDOT Airports Division provided comments addressing
requirements of the Federal Aviation Administration (FAA) since the proposed project is
located approximately 2.46 miles from the boundary of the Upolu Airport.
Thirty-three (33) units of County water are available for the project and the
applicant has secured water commitments until October 31, 2024. A condition of
approval will require the applicant to maintain active water commitments until such time
as the facilities charges are paid and for the applicant to construct required water system
improvements, including but not limited to 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
prior to issuance of Final Subdivision Approval.
There is no County Sewer in the area, thus individual wastewater systems meeting
with the approval of the State Department of Health will be utilized.
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
Heather Kimball, Council Chair
and Members of the County Council
County of Hawai`i
March 15, 2024
Page 5
approval prior to receipt of Final Subdivision Approval.
Lastly, existing conditions of approval require the applicant to secure approval of
a drainage study from the Department of Public Works prior to issuance of a construction
permit and that the applicant will be required to construct any recommended drainage
improvements, prior to issuance of Final Subdivision Approval.
The request is not contrary to Chapter 205A, Hawaii Revised Statutes,
relating to Coastal Zone Management. The project site is located over one mile from
the nearest shoreline and is not situated within the SMA. Thus, the property will not be
affected by coastal hazards and beach erosion. There are no identified recreational
resources, historic resources, public access to the shoreline or mountain areas, scenic and
open space preserves, coastal ecosystems, or marine resources on the subject property.
In view of the Hawaii State Supreme Court's PASH and "Ka Pa'akai 0 Ka'aina"
decisions, the issue relative to native Hawaiian gathering and fishing rights must be
addressed in terms of the cultural, historical, and natural resources and the associated
traditional and customary practices of the site:
Investigation of valued resources: No formal archaeological reconnaissance
survey, oral history of kama'aina accounts of the area, historical survey of documentary
records, or botanical study was included in the application, however, during the original
rezoning process in 2009, the Department of Land-and Natural Resources— State Historic
Preservation Division (SHPD) determined that "no historic properties will be affected by
this project" after a SHPD staff archaeologist conducted site visits for all development
phases of the project.
The valued cultural, historical, and natural resources found in the rezoning area:
As mentioned above, SHPD determined that no historic properties would be affected.
Furthermore, as the site has been historically utilized for sugar cane cultivation and 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. Fauna resources
including the Short-eared Owl or Pueo and the Hawaiian Hawk or `Io are known to 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.
Heather Kimball, Council Chair
and Members of the County Council
County of Hawai`i
March 15, 2024
Page 6
There are no known features of cultural importance, there is no known history of
traditional practices associated with the property, nor is there any record of a designated
public access to the shoreline or mountain areas that traverses the property.
Possible adverse effect or impairment of valued resources: There is no evidence
of any possible adverse effects or impairments will occur to any valued resources.
Feasible actions to protect native Hawaiian rights: There is no evidence of any
valued cultural, historical, and/or natural resources found on the site, thus to the extent
which traditional and customary native Hawaiian rights are exercised, the proposed
action will not affect traditional Hawaiian rights; therefore, no action is necessary to
protect these rights. A condition of approval has been updated to address requirements for
inadvertent historic site finds during the development process.
Lastly, this recommendation is made with the understanding that the applicant
remains responsible for complying with all other applicable governmental requirements
in connection with the proposed use, prior to its commencement or establishment upon
the subject properties. Additional governmental requirements may include the issuance of
building permits, compliance with the Fire Code, installation of improvements required
by the American with Disabilities Act (ADA), among many others. Compliance with all
applicable governmental requirements is a condition of this approval; failure to comply
with such requirements will be considered a violation that may result in enforcement
action by the Planning Department and/or the affected agencies.
Based on the preceding findings, the Planning Director recommends a favorable
recommendation for a 10-year time extension to Condition C be forwarded to the County
Council. The accompanying draft bill to amend Ordinance No. 10-101 is provided for your
consideration. Please note the proposed conditions of approval attached to the draft bill,
including updates to conditions that have been complied with and to reflect current standard
condition language. Material to be deleted is bracketed and struck through; new material is
underscored.
This recommendation does not, however, sanction the specific plans submitted with the
application as they may be subject to change given specific code and regulatory requirements of
the affected agencies.
The Planning Department's background report, recommendation report, PowerPoint
presentation, and public testimony are available for review at the following Laserfiche WebLink
address: https://records.hawaiicounty.gov/WebLink/l/fol/128338/Rowl.aspx
Heather Kimball, Council Chair
and Members of the County Council
County of Hawai`i
March 15, 2024
Page 7
Should there be any questions, please feel free to contact Planning Program Manager, Maija
Jackson at (808) 961-8159.
Sincerely,
'ai-bai-a �e anco
Barbara DeFranco(Mar 15,2024 13:31 HST)
Barbara DeFranco, Chairperson
Leeward Planning Commission
P\wp60\PC\PCC2024-1\LHICDCPL-REZ-2023-0541 pc
Enclosure: Draft Bill
cc via email w/draft bill: Keith Kato,Hawai`i Island Community Development Corporation
Chantelle Webster, HICDC
Department of Public Works
Department of Water Supply
Jean Campbell, Esq., Deputy Corporation Counsel
Suzanna Tiapula, Esq., Deputy Corporation Counsel