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HomeMy WebLinkAboutCOM 0077.000 2024-2026C. Kimo Alameda, Ph.D. Mayor William V. Brilhante, Jr. Managing Director Merrick Nishimoto Deputy Managing Director County of Hawai`i - Office of the Mayor 25 Aupuni Street, Suite 2603 • Hilo, Hawaii 96720 • Phone (808) 961-8211 • Fax (808) 961-6553 KONA: 74-5044 Ane Keohokalole Hwy., Bldg C • Kailua-Kona, Hawaii 96740 Phone (808) 323-4444 • Fax (808) 323-4440 December 27, 2024 The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Inaba and Members of the County Council: SUBJECT: State Land Use Boundary Amendment Application (PL-SLU-2024-000011) Applicant: Hawaii Island Community Development Corporation Request: Agricultural to Urban for 14.321 Acres of Land Tax Map Key: (3) 6-2-001:075 (por.); Lanikepu, Waimea, South Kohaia, Hawaii 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 is the Leeward Planning Commission letter regarding the above -referenced request. Sincerely, WILLIAM V. BRILHANTE, JR. Managing Director TCouncilHawaiiIsl andCommunity DevelopmentPL-S LU-2024-011 Enclosures cc: Planning Department County of Hawai' i is an Equal Opportunity Provider and Employer. 1 r'M C. Kimo Alameda, Ph.D. Mayor William V. Brilhante Jr. Managing Director County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 December 24, 2024 The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Inaba and Members of the County Council: Barbara DeFranco, Chair Mahina Paishon-Duarte, Vice Chair Dean An Michael Dela Cruz Clement "CJ" Kanuha III Donna Kinuko Noborikawa Armando Rodriguez SUBJECT: State Land Use Boundary Amendment Application (PL-SLU-2024-000011) Request: Agricultural to Urban for 14.321 Acres of Land Applicant: Hawaii Island Community Development Corporation Tax Map Key: (3) 6-2-001:075 (por.); Lanikepu, Waimea, South Kohala, Hawaii The Leeward Planning Commission (Commission), at its duly held public hearing on November 21, 2024, considered the above -referenced application for a State Land Use District Boundary Amendment from an Agricultural District to an Urban District for a 14.321-acre portion of a larger 237.5-acre parcel of land. The subject property is located at the southwest corner of the intersection of Kawaihae Road and Waiula Drive, Kawaihae 2nd-Lanikepu, Waimea, South 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 State Land Use District Boundary Amendment from an Agricultural to an Urban district for a 14.321-acre portion of a larger 237.5-acre parcel of land. The applicant has submitted concurrent requests for a Change of Zone from an Agricultural-1 Acre (A -la) zoning district to a Single -Family Residential-10,000 square feet (RS-10) zoning district, and a Planned Unit Development (PUD) permit for various exceptions to the Subdivision Code. Hmvai'i County is an Equal Opportunity Provider and Employer The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawai i December 24, 2024 Page 2 If the requested land use entitlement changes are approved, the applicant proposes to develop a 43-lot, 100% affordable, single-family residential subdivision, with a minimum of 10,000-square foot lots and related improvements on the same land area. The proposed project will occur on two, non-contiguous areas as follows: 1) a 13.005- acre section that will support 39 lots and 2) a 1.316-acre section that will support 4 lots. The approval of the reclassification from the State Land Use Agricultural to the Urban District for 14.321 acres of land will not be in violation of Section 205-2, Chapter 205, Hawaii Revised Statutes (HRS), nor will it be inconsistent with the Land Use Commission Rules, the County General Plan, and the Hawaii State Plan. The proposed reclassification conforms with Section 205-2 of the Hawaii Revised Statutes, which states, "Urban districts shall include activities or uses as provided by ordinances or regulations of the county within which the urban district is situated. " The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards, and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture, and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately -owned resources. The proposed change of zone will be consistent with the following goals, policies, and standard of the Land Use -Single -Family Residential and Housing Elements of the General Plan: ■ Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. ■ Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. ■ Designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and he stated goals, policies, and standards. The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawai i December 24, 2024 Page 3 ■ Seek sufficient production of new affordable rental and fee -simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. ■ Encourage corporations and nonprofit organizations to participate in Federal, State and private programs to provide new and rehabilitated housing for low and moderate income families. 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 LUPAG Map designates the subject property and project area as Rural (rur). The Rural designation includes existing subdivisions in the State Land Use Agricultural and Rural districts that have a significant residential component. Typical lot sizes vary from 9,000-square feet to two acres. These subdivisions may contain small farms, wooded areas, and open fields as well as residences. Allowable uses within these areas, with appropriate zoning, may include commercial facilities that serve the residential and agricultural uses in the area, and community and public facilities. The Rural designation does not necessarily mean that these areas should be further subdivided to smaller lots. Most lack the infrastructure necessary to allow further subdivision. While the proposed reclassification to State Land Use Urban does not strictly align with this LUPAG Rural designation, it will facilitate the development of an affordable housing development that meets and extreme need and supports goals and policies of the GP and SKCDP related to increasing affordable housing. The South Kohala Community Development Plan (SKCDP) was adopted by the Hawaii County Council by Ordinance No. 08 159 on December 1, 2008. The subject property is not situated within any town or community plan area and has no special designations in the SKCDP. That said, the proposed development complies with several SKCDP goals, policies, and actions related to the provision of affordable housing, including: ■ Provide affordable and workforce housing resources for low -and -moderate income individuals, families, and those residents of South Kohala with special needs. ■ The South Kohala Community shall organize one or more community -based, non- profit entities that can partner with the County Office of Housing and Community The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawaii December 24, 2024 Page 4 Development and with other non-profit organizations and for -profit contractors and developers to provide affordable housing units. The County shall provide more opportunities for low-income housing and transitional shelters. ■ Construct more Self-help Housing. While this action plan is specific to affordable housing needs in Waimea, the provision of more self-help housing is needed all over the district. Policies and Actions Based on the preceding, the approval of the reclassification of the project area to Urban, which would facilitate the development of the proposed affordable housing project is consistent with the SKCDP. Finally, the reclassification action would be consistent with the following goals, objectives, and policies of the Hawaii State Plan: 1) Convert marginal or non -essential agricultural lands for appropriate urban uses while maintaining agricultural lands of importance in the agricultural district; 2) Stimulate and promote feasible approaches that increase affordable rental and for sale housing choices for extremely low-, very low-, lower-, moderate-, and above moderate -income households; 3) Seek to use marginal or non -essential agricultural land, urban land, and public land to meet housing needs of extremely low-, very low-, lower-, moderate-, and above moderate -income households; and 4) Give higher priority to the provision of quality housing that is affordable for Hawai`i's residents and less priority to development of housing intended primarily for individuals outside of Hawaii. The following discussion includes how the proposed project will meet the standards for determining urban district boundaries under State Land Use Commission (LUC) Rules: Urban Districts shall include lands characterized by "city -like" concentrations of people, structures, streets, urban level of services and other related land uses. The project area is unique in that much of the surrounding area would be characterized as more rural in nature with larger lot, rural residential subdivisions and vacant agricultural land surrounding it. However, LUC Rules provide an allowance to reclassify lands to the urban district that do not conform exactly to this "city -like" concentration standard if the lands are surrounded by or adjacent to existing urban development, and only when those lands represent a minor portion of the urban district. Based on the following discussion, the proposed boundary amendment to the urban district qualifies for this exception. The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawaii December 24, 2024 Page 5 The proposed project area is situated within 400 feet of two, non-contiguous areas designated as Urban by the State Land Commission that are the location of two affordable housing developments, the Ouli Cottages project, consisting of 33 multiple - family, rental housing units built in 1995 and the Ouli Self Help Housing project, consisting of 40 lots developed between 1999 and 2004. These properties are on lands that were reclassified from an Agricultural to an Urban District in 1994 and received relief from Hawaii County zoning requirements in 1994 from the County Council as part of a HRS 201E affordable housing program (which is now called the HRS 201H program). The inclusion of the proposed 43-lot, affordable housing subdivision will expand this urban, affordable housing cluster. The Urban classification conforms to the standard that the development is within reasonable proximity to centers of trading and employment and to basic services such as schools, police and fire protection, transportation systems and water. Additionally, the project area has access to basic services such as schools, parks, wastewater systems, solid waste disposal, drainage, water, transportation systems, public utilities, and police and fire protection. The project area is situated in reasonable proximity to Waimea Town, approximately 7.5 miles to the east and to the South Kohala Resort area, approximately 9.4 miles to the west. Public education options in reasonable proximity to this area include Waimea Elementary and Intermediate Schools, Kanu O Ka Aina New Century Public Charter School in Waimea, and Honoka`a High School. Private schools in the region include Hawaii Preparatory Academy and Parker School in Waimea. Police and fire protection, transportation systems and water availability are further discussed below. Public beach parks in the area include Spencer Beach Park and the Hapuna Beach Park located 4.5 and 6.5 miles away, respectively. Other recreation areas in the vicinity include the Spencer Kalani Schutte District Park and the Waimea Community Park about 7.5 miles from the property. Proposed access to the subject properties is from Waiula Drive, a County -owned and maintained, two-lane roadway with 50-foot-wide pavement (12-foot-wide travels lane and 13-foot-wide paved shoulders) within a 50-foot-wide right-of-way. A condition of approval of the concurrent change of zone request will require the applicant to comply with DPW requirements for connection to and work within the County right-of-way. The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawai i December 24, 2024 Page 6 There is a secondary emergency vehicular access through a gate at the eastern terminus of Waiula Drive at the Anekona Subdivision, which connects to Kanehoa Street. This road offers an additional route to Kawaihae Road for emergencies. The gate can be opened by the Fire Department or Civil Defense during emergencies. Internal project roadways will be built to standards allowed by the concurrent PUD approval that will provide sufficient roadway and pedestrian facilities while helping the applicant defray infrastructure costs in developing the proposed affordable residential subdivision. A Traffic Impact Analysis Report (TIAR) submitted with the application concludes that the development will not significantly impact traffic operations on nearby facilities and intersections, thus no mitigation is recommended. Water can be made available to the site to support the proposed affordable housing project. Wastewater will be served by individual wastewater systems meeting the approval of the State Department of Health). Police and medical services are located in Waimea, approximately 7.5 miles away. There is a volunteer fire station is located at the top of Waiula Drive, adjacent to the project site. The nearest manned fire and emergency services stations are also in Waimea and near the South Kohala resort area, approximately 7.5 and 9.4 miles away, respectively. All other essential utilities can be made available to the property. There are no severe geological or topographical problems which cannot be properly rectified, or which would render the land unusable. According to the Federal Emergency Management Agency the project area is designated as Zone "X", which is an area determined to be an area of minimal flood hazard. While the larger property upon which the project area sits consists of undulating topography, the planned development sites for residential uses were sited on more gently sloping areas. The topography of the project site gradually slopes from north to south with less than a 4% slope. The property is located approximately 3.6 miles from the nearest shoreline and is not situated within the Special Management Area, the tsunami inundation area or evacuation area. Conditions of approval of the concurrent Change of Zone application will require that all development -generated runoff will be disposed of on site and not directed toward any adjacent properties and that all earthwork activity, including grading and grubbing, will conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. Thus, the reclassification meets the standard which states that the lands included within the urban district, "... shall be those with satisfactory topography and drainage The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawaii December 24, 2024 Page 7 and reasonably free fi°om the danger of floods, tsunami and unstable soil conditions and other adverse environmental effects. " The subject property is located within the State Land Use Agricultural District and the County's Agricultural I -Acre (A -la) zoned district; however, it is not considered prime or important agricultural land by the State. The subject property has been cleared in the past and historically used for cattle grazing but is currently vacant of any agricultural uses. The State of Hawaii Agricultural Lands of Imporatance to the State of Hawaii (ALISH) Map classifies the subject property as "Unclassified" land. The Land Study Bureau (LSB) classifies the project site and much of the larger parcel as "E" or "Very Poor" soils. The U.S.D.A. Soil Survey classifies the soils within the subject property as Pu`u Pa extremely stony very fine sandy loam, 6 to 20 % slopes (PVD). Permeability is rapid, runoff is medium, and the erosion hazard is moderate. Roots penetrate to the fragmental A`a lava. This soil type is used for pasture. Based on the preceding, the the reclassification of this 14.321 acres of land from the Agricultural to the Urban State Land Use district will not be detrimental to the reduction of this area from the agricultural land inventory in the County of Hawaii. The Hawaii Right to Farm Act, HRS Chapter 165, was enacted to protect farming operations on land in the State Land Use Agricultural District when adjacent land is reclassified out of the Agricultural District. A condition of approval will require the applicants to notify prospective purchasers, tenants, or lessees of the Hawaii Right to Farm. Act. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa `akai O Ka Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site. Investigation of valued resources: An Archaeological Inventory Survey (AIS) entitled, "Archaeological Inventory Survey of TMK: (3) 6-2-001: 075 portion, Ouli Auhupua'a, South Kohala District, Island of Hawaii" was produced by Ogden Environmental and Energy Services, Co., Inc. in 1990, revised in 1993 and approved by SHPD in 1994. The AIS was originally created for the evaluation of the Waikoloa Maneuver Area, a 91,000-acre area used for military training exercises during World War II, which includes the proposed project area. The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawaii December 24, 2024 Page 8 Additionally, the applicant submitted a Cultural Impact Assessment (CIA) entitled, "Cultural Impact Assessment TMK: (3) 6-2-001: 075 portion, `Ouli Ahupua `a, South Kohala District, Island of Hawai `i " prepared by Kulaiwi Archeology, LLC and dated July 2024. This CIA covered the proposed project area. Finally, the applicant submitted a professional floral/faunal survey entitled, "Biological Survey of the Ouli Lands, TMKs 6-2-1: 74 and 75 South Kohala District, Island of Mawai `i " prepared by Geometrician Associated LLC in August 2023. This study covered 257.338 acres of land, including the proposed project area. The valued cultural, historical, and natural resources found in the project area: The AIS identified 75 sites in the 91,000-acre study area, including sites related to military training, ranching, historic period use, and traditional Hawaiian use. Nine (9) of these sites were recommended for further work, including 2 historic sites and a burial site located approximately 1/2 mile away from the project area. A preservation plan and a burial treatment plan for the sites were approved by the State Historic Preservation Division in 2001 and 2003 respectively. There were no historic sites identified within the project area. The CIA found that traditional Hawaiian activities in the area were primarily shoreline -based and seasonal, upland areas served as transit zones, with trails historically maintained by local families for access to coastal resources. The area, known as a dry and arid land (`Aina kaha), was later influenced by the sandalwood trade and, more substantially, by 19th-century ranching activities connected to Parker Ranch, as well as World War II military training in the Waikoloa Maneuver Area. Despite these historical activities, the CIA identified no significant cultural practices or traditional resources directly within the project's Area of Potential Effect (APE). It concluded that the proposed development would not interfere with known cultural resources, as the land itself had no direct ties to ongoing Hawaiian practices, though standard protocols would apply if any cultural resources were inadvertently discovered during construction. Finally, the Biological Study found that the area is dominated by non-native plant species and that no rare, threatened, or endangered plant species were identified during the survey as the habitat is considered unsuitable for such species. The presence of invasive species like tree tobacco, which supports the endangered Blackburn's sphinx moth, requires careful management to prevent its spread. Faunal resources included 14 bird species, most of which were non-native, except for a single pueo (Hawaiian short -eared owl) sighting. Feral mammals such as cats, goats, and cattle were observed, all of which are detrimental to the native ecosystem. Although the endangered Hawaiian hoary bat may use the area for seasonal foraging and roosting, The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawai i December 24, 2024 Page 9 no sightings were confirmed during the survey. Invertebrate species like the endangered, yellow -faced bee are unlikely to inhabit the property due to insufficient habitat conditions. Possible adverse effect or impairment of valued resources: As there are no archaeological, historical or cultural resources identified within the proposed project area, no such resources are anticipated to be adversely affected or impaired. While there were no federally listed or endangered species identified within the project area, Hawaiian sea birds and the Hawaiian Hoary Bat have the potential to transit the area thus proposed development has the potential to impact these species. Finally, the presence of the tree tobacco plant on the property can serve to attract the endangered Blackburn's sphinx moth. Feasible actions to protect native Hawaiian rights: As stated above, there were no identified native Hawaiian rights being exercised within the project area. Thus, to the extent to 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. However, a condition of approval will be added to the associated change of zone approval to address and protect inadvertent finds should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered. Finally, to mitigate impacts on potential listed or endangered species that may transit or be attracted to the project area, conditions will be added to the associated change of zone approval. Mitigation measures include controlling invasive species, protecting native fauna during critical breeding seasons, and shielding outdoor lighting to prevent disorientation of seabirds. Based on the preceding, the approval of the State Land Use Boundary Amendment from the Agricultural to the Urban District complements the State Land Use District Regulations and County General Plan and is supportive of the Hawaii State Plan. The accompanying draft bill to amend the State Land Use District Boundary Map is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawaii December 24, 2024 Page 10 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/Browse.aspx?dbid=l&startid=140179. The Commission hearing minutes will be available for review, once a draft is completed, at the following Laserfiche Weblink address: https://records.hawaiicounty.gov/weblink/Browse.asr)x?dbid=l&startid=l 39857. Should you have any questions, please contact Maija Jackson of this department at (808) 961- 8159 or by email at Maija.JacksonAhawaiicounty.gov. Sincerely, �7bal-a De-ftallco Barbara DeFranco (Dec 24, 202412:09 HST) Barbara DeFranco, Chairperson Leeward Planning Commission Enclosure: Draft Bill HawaiilslandCommunityDevelopmentCorpPL-SLU-2024-000011Ipc cc via email: Leeward Planning Commission Jeffrey W. Darrow, Acting Planning Director Keith Kato Merrick Nishimoto Jeremy McComber Chantelle Webster Jean Campbell, Esq., Deputy Corporation Counsel Suzanna Tiapula, Esq., Deputy Corporation Counsel C. Kimo Alameda, Ph.D. Mayor William V. Brilhante, Jr. Managing Director Merrick Nishimoto Deputy Managing Director County of 3fawai`i - Office of the Mayor 25 Aupuni Street, Suite 2603 • Hilo, Hawaii 96720 • Phone (808) 961-8211 • Fax (808) 961-6553 KONA: 74-5044 Ane Keohokalole Hwy., Bldg C • Kailua-Kona, Hawaii 96740 Phone (808) 323-4444 • Fax (808) 323-4440 December 27, 2024 The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Inaba and Members of the County Council: SUBJECT: Change of Zone Application (PL-REZ-2024-000066) Applicant: Hawaii Island Community Development Corporation Request: Agricultural-1 acre (A -la) to Single -Family Residential- 10,000 Square Feet (RS-10) for 14.321 Acres of Land Tax Map Key: (3) 6-2-001:075 (por.); Lanikepu, Waimea, South Kohala, Hawaii 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 is the Leeward Planning Commission letter regarding the above -referenced request. Sincerely, WILLIAM V. BRILHANTE, JR. Managing Director TCouncilHawaiiIslandCommunityDevelopmentPL-REZ-2024-066 Enclosures cc: Planning Department County of Hawai' i is an Equal Opportunity Provider and Employer. C. Kimo Alameda, Ph.D. Mayor William V. Brilhante Jr. Managing Director County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8'742 December 27, 2024 The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Inaba and Members of the County Council: Barbara DeFranco, Chair Mahina Paishon-Duarte, Vice Chair Dean Au Michael Dela Cruz Clement "CJ" Kanuha III Donna Kinuko Noborikawa Armando Rodriguez SUBJECT: Change of Zone Application (PL-REZ-2024-000066) Request: Agricultural-1 acre (A -la) to Single -Family Residential- 10,000 Square Feet (RS-10) for 14.321 Acres of Land Applicant: Hawaii Island Community Development Corporation Tax Map Key: (3) 6-2-001:075 (por.); Lanikepu, Waimea, South Kohala, Hawaii The Leeward Planning Commission (Commission), at its duly held public hearing on November 21, 2024, considered the above referenced application for a Change of Zone from an Agricultural-1 Acre (A -la) zoning district to a Single -Family Residential-10,000 square feet (RS-10) zoning district for a 1.4.321-acre portion of a larger 237.5-acre parcel of land. The subject property is located at the southwest corner of the intersection of Kawaihae Road and Waiula Drive, Kawaihae 2nd-Lanikepu, Waimea, South Kohala, Hawaii. The Commission voted to forward a favorable recommendation to the County Council based on the Planning Director's recommendation, with an amendment to Condition N (Fair Share) clarifying that the condition would not apply to affordable lots as provided under Condition M (Affordable Housing Agreement), which replaced an inadvertent reference to Condition O in the Planning Director's recommendation to the Planning Commission. Haivai `i County is an Equal Opportunity Provider and Employer The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawaii December 27, 2024 Page 2 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 to change the zoning district from an Agricultural-1 acre (A -la) to a Single -Family Residential-10,000 square feet (RS-10) zoning for a 1.4.321-acre portion of a larger 237.5-acre parcel of land. The proposed RS-10 zoning would allow a maximum density of 62 lots. However, the applicant proposes to develop a 43-lot, 100% affordable, single-family residential subdivision, with a minimum of 10,000 square foot lots. The proposed project will occur on two, non-contiguous areas as follows: 1) a 13.005-acre section that will support 39 lots (hereinafter `Project Lot 1'); and 2) a 1.316-acre section that will support 4 lots (hereinafter `Project Lot 2'). The applicant has concurrently requested a State Land Use District Boundary Amendment from an Agricultural to an Urban District and Planned Unit Development (PUD) permit for the same land area that would allow various exceptions from Chapter 23 (Subdivision) of the Hawaii County Code related to roadway right-of-way and pavement widths, roadways grades and curves, the requirement for dedicable streets, requirements for sidewalks, curbs and gutters, and drainage, flood, and erosion mitigation measures. The subdivision code exceptions requested in the concurrent PUD request would allow project roadways within Project Lot 1 to be developed with paved shoulders, swales, and driving lanes equal to the width of the right-of-way of 50 feet and 66 feet. No curbs, gutters and sidewalks will be provided. For Project Lot 2, access would be provided by a 40-foot-wide right-of-way with each leg being no longer than 150 feet. This would be sufficient for a fire truck to reverse and exit the site if they are called on in the event of a fire. Drainage would be handled by swales that feed into seepage pits through the project area rather than standard drywells. The applicant proposes that all these roads and the drainage system be dedicated to the County of Hawaii. The change of zone request along with concurrent State Land Use Boundary Amendment and PUD applications are necessary to facilitate the 43-lot subdivision to provide building sites for the HICDC self-help and turnkey housing program for low to moderate income households all of which will meet the County of Hawai`i's affordable housing guidelines. HICDC's intent is to provide as many self-help homes as possible given federal funding limitations. Turnkey homes would be suitable for households unable to provide the required self-help labor or due to their incomes being above 80% of the area median income, which is the upper limit for the self-help program. Turnkey homes will be sold at prices affordable to households up to 1.40% of the area median income. The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawaii December 27, 2024 Page 3 Should the proposed entitlements be approved in 2024; the applicant will promptly file the subdivision application with the Planning Department. Anticipated completion of the subdivision is expected within 5 years from the date of approval of the land use entitlements, or by the end of 2029. According to the applicant, the project is estimated to cost $20 million. In order to consider an area for any type of zoning designation, the applicable goals, policies, and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from Agricultural-1 Acre (A -la) to Single - Family Residential 10,000 square feet (RS-10) conforms to the goals, policies and standards of the General Plan and the South Kohala Community Development Plan (CDP). The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards, and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture, and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately -owned resources. The proposed change of zone will be consistent with the following goals, policies, and standard of the Land Use -Single -Family Residential and Housing Elements of the General Plan: ■ Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. ■ Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. ■ Designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and he stated goals, policies, and standards. The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawa i December 27, 2024 Page 4 ■ Seek sufficient production of new affordable rental and fee -simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. ■ Encourage corporations and nonprofit organizations to participate in Federal, State and private programs to provide new and rehabilitated housing for low and moderate income families. 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 LUPAG map designates the subject property and project area as Rural (rur). The Rural designation includes existing subdivisions in the State Land Use Agricultural and Rural districts that have a significant residential component. Typical lot sizes vary from 9,000-square feet to two acres. These subdivisions may contain small farms, wooded areas, and open fields as well as residences. Allowable uses within these areas, with appropriate zoning, may include commercial facilities that serve the residential and agricultural uses in the area, and community and public facilities. The Rural designation does not necessarily mean that these areas should be further subdivided to smaller lots. Most lack the infrastructure necessary to allow further subdivision. While the proposed reclassification to State Land Use Urban does not strictly align with this LUPAG Rural designation, it will facilitate the development of an affordable housing development that meets and extreme need and supports goals and policies of the GP and SKCDP related to increasing affordable housing. The South Kohala Community Development Plan (SKCDP) was adopted by the Hawaii County Council by Ordinance in 2008. The subject property is not situated within any town or community plan area and has no special designations in the SKCDP. That said, the proposed development complies with several SKCDP goals, policies, and actions related to the provision of affordable housing, including: ■ Provide affordable and workforce housing resources for low -and -moderate income individuals, families, and those residents of South Kohala with special needs. ■ The South Kohala Community shall organize one or more community -based, non- profit entities that can partner with the County Office of Housing and Community The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawaii December 27, 2024 Page 5 Development and with other non-profit organizations and for profit contractors and developers to provide affordable housing units. ■ The County shall provide more opportunities for low-income housing and transitional shelters. ■ Construct more Self-help Dousing. While this action plan is specific to affordable housing needs in Waimea, the provision of more self-help housing is needed all over the district. Based on the preceding, the approval of the change of zone to RS-10, which would facilitate the development of the proposed affordable housing project, is consistent with the SKCDP. The Waimea Landmark Estates Subdivision which is zoned Agricultural-3 Acres (A-3a) is located across Kawaihae Road to the north. Properties to the east consist of the Kanehoa and Anekona Estates subdivisions, with lands zoned Agricultural-5 Acres (A- 5a) and Residential and Agricultural-2 acres (RA-2a). Directly to the south is a large, State-owned parcel of land zoned Agricultural-5 Acres (A-5a) and to the west is a vacant parcel, also owned by the applicant and similarly zoned Agricultural -I Acre (A -la). It should be noted that immediately to the east of the proposed project area are two affordable housing developments, the Ouli Cottages project, consisting of 33 multiple -family, rental housing units built in 1995 and the Ouli Self Help Housing project, consisting of 40 lots developed between 1999 and 2004. These properties are on lands that were reclassified from Agricultural to an Urban in 1994 and received relief from Hawaii County zoning requirements in 1994 from the County Council as part of a FIRS 201E affordable housing program (which is now called the FIRS 201 H program), thus, they are still zoned Agricultural-1 Acre (A -la). Additionally, this rezone, along with an approved PUD, will allow the applicant to defray infrastructure costs associated with typical subdivision requirements in order to ensure that 100% of the proposed lots would be offered at affordable rates to prospective buyers. This will be done through an affordable housing agreement between the applicant and the County Office of Housing and Community Development pursuant to Chapter 1.1 of the Hawaii County Code, that will be executed prior to receipt of Final Subdivision Approval for any portion of the project. The preceding will be added as a condition of approval. To further help defray costs and increase affordability of the project, a condition of approval will be added to exempt fair share contributions for any lots created under the affordable housing agreement for self-help or turnkey affordable housing. The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawaii December 27, 2024 Page 6 Based on the preceding, the proposed RS-10 zoning conforms to the goals, policies and standards of the General Plan and the South Kohala Community Development Plan. All utilities and services are available to the site. Proposed access to the subject properties is from Waiula Drive, a County -owned and maintained, two-lane roadway with 50-foot-wide pavement (12-foot-wide travels lane and 13-foot-wide paved shoulders) within a 50-foot-wide right-of-way. A condition of approval will require the applicant to comply with. DPW requirements for connection to and work within the County right-of-way. There is a secondary emergency access through a gate at the eastern terminus of Waiula Drive at the Anekona Subdivision, which connects to Kanehoa Street. This road offers an additional route to Kawaihae Road for emergencies. The gate can be opened by the Fire Department or Civil Defense during emergencies. Internal roadways will be built to non-dedicable standards as outlined in the concurrent PUD request and the applicant proposes to dedicate the roadways to the County once constructed. Despite the preceding, DPW reccomends that the applicant provide improvements to project street frontages, including but not limited to concrete sidewalks, drainage improvements, and any required utility relocation, meeting with the requirements of the Americans with Disabilities Act. Thus, while DPW supports some of the deviations from subdivision code requested in the PUD application (grades and curves, alternative pavement design/thickness, and shallow drainage facilities) but does not support relief from minimum right-of-way and pavement widths and relief from the requirements of curbs, gutters, and sidewalks. If these exceptions are granted, DPW is not willing to accept dedication of the roadways as they would not meet dedicable roadway standards. Section 25-2-46 (d) (1) of the Zoning Code requires a Traffic Impact Analysis Report (TIAR) for rezoning applications that could generate 50 or more peak hour trips. While the proposed 43-lot project does not meet this threshold, the applicant voluntarily submitted a TIAR, completed in January 2024. The report, prepared by a Traffic Management Consultant, analyzes current and future traffic conditions at two key intersections: Kawaihae Road/Waiula Drive and the internal roadway/Waiula Drive intersection. It notes that Kawaihae Road currently experiences significant traffic during peak hours, while Waiula Drive sees much lower volumes. The TIAR projects the proposed development will add 35 AM and 45 PM peak - hour trips. By 2028, traffic conditions at the Kawaihae Road/Waiula Drive intersection. The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawaii December 27, 2024 Page 7 are expected to remain stable, with the Level of Service (LOS) remaining " B" and the left -turn movement maintaining an "A" rating. However, by 2043, Waiula Drive's LOS is predicted to drop to "C," which is well above the LOS "E" and "I"' that he Zoning Code deems unacceptable, thus no significant traffic mitigation is recommended, as the project is not expected to significantly affect overall traffic operations. Water will be available for the proposed 43-lot subdivision from the Department of Water Supply's (DWS) transmission system coming down Kawaihae Road and connecting to Waiula Drive. The 8-inch line within the Waiula Drive right of way is looped with the DWS system in the Anekona Subdivision. According to the applicant and the Department of Water Supply (DWS), the project currently has 35 water commitments, and an additional 8 water commitments will be made available to support the proposed 100% affordable housing project. The applicant will be required to follow DWS procedures for securing the additional 8 water commitments, pay water facilities charges and construct water system improvements meeting with the requirements of DWS prior to receipt of final subdivision approval. The preceding will be added as conditions of approval. There is no County sewer system in the area, thus lot owners will need to construct individual septic wastewater systems meeting with the approval of the Department of Health. There is no municipal waste collection service in the County. According to the applicant, solid waste will be either be handled by commercial haulers who will dispose of the refuse at authorized landfill sites or by homeowners at the nearest solid waste transfer station. The concurrency section of the Zoning Code requires any change of zone proposing 25 or more residential units to provide a civil defense siren unless existing civil defense sirens, as determined by the State Civil Defense, are available to provide adequate warning coverage across the entire project site. Based on the proposed 43-lot subdivision and the absence of a Civil Defense siren covering the property, the applicant will be required to install a siren as a condition of approval. Electrical, telephone and internet services are available to the project site. Police and medical services are located in Waimea, approximately 7.5 miles away. There is a volunteer fire station is located at the top of Waiula Drive, adjacent to the project site. The nearest manned fire and emergency services stations are also in Waimea and near the South Kohala resort area, approximately 7.5 and 9.4 miles away, respectively. The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawai i December 27, 2024 Page 8 There are no severe geological or topographical problems which cannot be properly rectified, or which would render the land unusable. The subject, 237.5-acre parcel is irregularly shaped with an undulating terrain, gently sloping from north to south. The 14.321- acre project area consists of two non-contiguous areas of 13.005 acres and 1.316 acres respectively situated near Waiula Drive. These areas were selected to take advantage of relatively flat terrain for ease of subdivision development. The property is situated approximately 3.6 miles from the nearest shoreline and thus not situated within the tsunami inundation area or evacuation area. According to the Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA), The majority of the project site is situated within Flood Zone "X," which is determined by FEMA to be an area of minimal flood hazard According to the Department of Public Works — Engineering Division, all development generated runoff shall be disposed of onsite and 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 the 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 the construction of any proposed structures on the property. The applicant will also be required to comply with the County Flood Code and Erosion and Sedimentation Code. The preceding will be added as conditions of approval. The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The subject property is located more than three miles from the shoreline approximately 3.6 miles from the nearest shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the project area. As discussed in the cultural resources section below, below, the project area is not known to have been used in the recent past for the gathering of plants by Native Hawaiians. The applicant has not observed any Native Hawaiians on the site or adjoining properties gathering plants and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known valued cultural, historical, or native resources in the area. The request will not have a signnificant adverse impact to traditional and customary Hawaiian Rights. 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 The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawaii December 27, 2024 Page 9 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: An Archaeological Inventory Survey (AIS) entitled, "Archaeological Inventory Survey of TMK: (3) 6-2-001: 075 portion, Ouli Auhupua'a, South Kohala District, Island of Hawaii" was produced by Ogden Environmental and Energy Services, Co., Inc. in 1990, revised in 1993 and approved by SHPD in 1994. The AIS was originally created for the evaluation of the Waikoloa Maneuver Area, a 91,000-acre area used for military training exercises during World War II, which includes the proposed project area. Additionally, the applicant submitted a Cultural Impact Assessment (CIA) entitled, "Cultural Impact Assessment TMK: (3) 6-2-001: 075 portion, `Ouli Ahupua`a, South Kohala District, Island of Hawaii" prepared by Kulaiwi Archeology, LLC and dated July 2024. This CIA covered the proposed project area. Finally, the applicant submitted a professional floral/faunal survey entitled, "Biological Survey of the Ouli Lands, TMKs 6-2-1: 74 and 75 South Kohala District, Island of Hawaii" prepared by Geometrician Associated LLC in August 2023. This study covered 257.338 acres of land, including the proposed project area. The valued cultural, historical, and natural resources found in the project area: The AIS identified 75 sites in the 91,000-acre study area, including sites related to military training, ranching, historic period use, and traditional Hawaiian use. Nine (9) of these sites were recommended for further work, including 2 historic sites and a burial site located approximately '/2 mile away from the project area. A preservation plan and a burial treatment plan for the sites were approved by the State Historic Preservation Division in 2001 and 2003 respectively. There were no historic sites identified within the project area. The CIA found that traditional Hawaiian activities in the area were primarily shoreline -based and seasonal, upland areas served as transit zones, with trails historically maintained by local families for access to coastal resources. The area, known as a dry and arid land (`Aina kaha), was later influenced by the sandalwood trade and, more substantially, by 19th-century ranching activities connected to Parker Ranch, as well as World War II military training in the Waikoloa Maneuver Area. Despite these historical activities, the CIA identified no significant cultural practices or traditional resources directly within the project's Area of Potential Effect (APE). It concluded that the proposed development would not interfere with known cultural resources, as the land itself had no direct ties to ongoing Hawaiian practices, though standard protocols would apply if any cultural resources were inadvertently discovered during construction. The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawaii December 27, 2024 Page 10 Finally, the Biological Study found that the area is dominated by non-native plant species and that no rare, threatened, or endangered plant species were identified during the survey as the habitat is considered unsuitable for such species. The presence of invasive species like tree tobacco, which supports the endangered Blackburn's sphinx moth, requires careful management to prevent its spread. Faunal resources included 14 bird species, most of which were non-native, except for a single pueo (Hawaiian short -eared owl) sighting. Feral mammals such as cats, goats, and cattle were observed, all of which are detrimental to the native ecosystem. Although the endangered Hawaiian hoary bat may use the area for seasonal foraging and roosting, no sightings were confirmed during the survey. Invertebrate species like the endangered, yellow -faced bee are unlikely to inhabit the property due to insufficient habitat conditions. Possible adverse effect or impairment of valued resources: As there are nc archaeological, historical or cultural resources identified within the proposed project area, no such resources are anticipated to be adversely affected or impaired. While there were no federally listed or endangered species identified within the project area, Hawaiian sea birds and the Hawaiian Hoary Bat have the potential to transit the area thus proposed development has the potential to impact these species. Finally, the presence of the tree tobacco plant on the property can serve to attract the endangered Blackburn's sphinx moth. Feasible actions to protect native Hawaiian rights; As stated above, there were no identified native Hawaiian rights being exercised within the project area. Thus, to the extent to 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. However, a condition of approval will be added to the associated change of zone approval to address and protect inadvertent finds should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered. Finally, a condition will be added to mitigate impacts on potential listed or endangered species that may transit or be attracted to the project area. Lastly, this approval is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawaii December 27, 2024 Page I 1 connection with the approved use, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), compliance with DLNR-SHPD requirements, 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, approval of this Change of Zone from an Agricultural-1 acre (A -la) to a Single -Family Residential-10,000 Square Feet (RS- 10) zoning district would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-7 (North and South Kohala District Zone Map), Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. 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.hawaiicouniy_gov/weblink/Browse.aspx?dbid=l&startid=1.40180. The Commission hearing minutes will be available for review, once a draft is completed, at the following Laserfiche Weblink address: https://records.hawaiicouniy_gov/weblink/Browse.aspx?dbid=l &startid=l 39857. Additionally, the concurrent PUD for the Planned Unit Development Permit for the subject property, which the Leeward Planning Commission approved on November 21, 2024, is enclosed for your reference. The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawaii December 27, 2024 Page 12 Should you have any questions, please contact Maija Jackson of this department at (808) 961- 8159 or by email at Mai ja.JacksonAhawaiicounty. gov. Sincerely, Barbara DeFranco (Dec 27, 2024 09:10 HST) Barbara DeFranco, Chairperson Leeward Planning Commission Enclosure: Draft Bill and PL-PUD-2024-000004 HawaiilslandCommun ityDevelopmentCorpPL-REZ-2024-0000661pc cc via email: Leeward Planning Commission Jeffrey W. Darrow, Acting Planning Director Keith Kato Jeremy McComber Merrick Nishimoto Department of Water Supply Department of Public Works Jean Campbell, Esq., Deputy Corporation Counsel Suzanna Tiapula, Esq., Deputy Corporation Counsel C. Kinio Alameda, Ph.D. Xfqvor William V. Brilhante Jr. Akinqging Director County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (809) 961-8289 a Fax (808) 961-8742 December 24, 2024 Keith Kato Hawaii Island Community Development Corporation 100 Pauahi St. Suite 201 Hilo, Hl, 96720 VIA EMAIL Dear Keith Kato: Barbara DcFranco, Chair Mahiru-i Paishon-Duarte, Vice Chair Dean An Michael Dcla Cruz Clement "CY Kanuha III Donna Kinuko Noborlkawa Artuando Rodriguez SUBJECT: Planned Unit Development Permit Application (PL-PUD-2024-000004) Permitted Use: To Develop a 43-Lot Single -Family Residential Subdivision on 14.321 Acres Applicant: Hawaii Island Community Development Corporation Tax Map Key: (3) 6-2-001:075 (par.); Lanikepu, Waimea, South Kohala, Hawaii The Leeward Planning Commission, at its duty held public hearing on November 21, 2024, voted to approve the above -referenced request to allow a 43-lot, single-family residential subdivision on a 14.321 -acre portion of a larger 237.5-acre parcel of land. The PUD would allow various exceptions from Chapter 23 (Subdivision) of the Hawaii County Code. The subject property is located at the southwest comer of the intersection of Kawaihae Road and Waiula Drive, Kawaihae 2nd-Lanikepu, Waimea, South Kohala, Hawaii. Approval of this pen -nit is subject to the following conditions: 1. The applicant(s), its successor(s), or assign(s) ('Applicant") shall be responsible for complying with all of the stated conditions of approval. llawoi'i Counry is an Equal Opportunin- Provider and Emplover Keith Kato Hawaii Island Community Development Corporation December 24, 2024 Page 2 2. The effective date of this Planned Unit Development (PUD) permit shall be the effective date of the approved ordinances generated by the concurrent State Land Use District Boundary Amendment request (PL-SLU-2024-00001 1) and change of zone request (PL- REZ-2024-000066). 3. The Applicant shall comply with all conditions of the approved ordinance generated by the concurrent State Land Use District Boundary Amendment request (PL-SLU-2024- 0000 11) and change of zone request (PL-REZ-2024-000066)- 4. The proposed PUD shall be developed in a manner that is substantially representative of the plans and details contained within the PUD application, any supplemental material, and representations made before the Leeward Planning Commission. 5. All building heights shall comply with the requirement of the Single -Family Residential zoning district. 6. The Applicant shall consult with the Hawaii County Fire Department (HFD) to ensure conformance of roads, water, and turn -around areas for emergency and firefighting purposes within the PUD site to meet the minimum requirements of the Fire Code. Besides the Department of Public Works and Department of Water Supply, construction plans shall also be submitted to the HFD for review and approval. 7. Should PUD roadways and drainage facilities not be dedicated to the County, restrictive covenants in the deeds of all proposed lots fronting the private roadways shall require the homeowners of said lots to maintain the private roadways and drainage improvements. A copy of the recorded deed restrictions shall be provided to the Planning Department. 8. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of this pen -nit. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being compiled with. This condition shall remain in effect until all of the conditions of approval have been complied and the Planning Director acknowledges that further reports are not required. 9. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director shall initiate procedures to revoke this PUD permit. This approval 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. Approval of this request is based on the reasons given in the enclosed Findings Report. Keith Kato Hawaii Island Community Development Corporation December 24, 2024 Page 3 Should you have any questions, please contact Christian Kay of this department at (808) 961- 8136 or by email at Christian.Kay C(tjhawaiicoqRbLZo-y. Sincerely, Sa bala N F a , Dc 2z, t1.�4 0'3^� HSI) Barbara DeFranco, Chairperson Leeward Planning Commission HaNraiilslandComm Lin ity Dev elopmentCorpPL-PUD- 2024-000004 Enclosure: Planning Commission Findings Report cc via email w/Enclosure: Leeward Planning Commission Keith Kato Hawai'l County Fire Department Department of Public Works Department of Water Supply Jean Campbell, Esq., Deputy Corporation Counsel Suzanna Tiapula, Esq., Deputy Corporation Counsel GIS Section COUNTY OF HAWAPI PLANNING COMMISSION FINDINGS HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION PLANNED UNIT DEVELOPMENT APPLICATION (PL-PUD-202-000004) Based on the following findings, the request for a PUD permit to allow exceptions from Chapter 23 (Subdivision Code) Hawaii County Code for the development of an affordable housing subdivision consisting of 43 single-family residential lots14.321 acres of land is hereby approved by the Planning Commission. The subject property is located at the southwest comer of the intersection of Kawaihae Road and Waiula Drive, Kawaihae 2 d_ Lanikepu, Waimea, South Kohala, Hawaii, TNM: (3) 6-2-001:075 (por.) The applicant is requesting a Planning Unit Development (PUD) permit to allow for the following exemptions to the Subdivision Code to facilitate the development of a 43-lot single- family residential subdivision for self-help and turnkey affordable housing: Exceptions Requested from Subdivision Code (HCC Chapter 23) ■ Minimum Right -of -Way and Pavement Widths (HCC §23-41). Request that the requirement that cul-de-sac and dead-end streets have a minimum right-of-way width of 50 feet be waived to allow a four -lot subdivision (Project Lot 2) to be served by two dead end streets with 40-foot-wide rights -of -way and a length not to exceed 150 feet with no cul-de- sac or hammerhead turnaround. (See Figure 5. Schematic Site Plan of the PUD application) o Justification: This exception would allow a smaller and more appropriate access for the limited number of lots served. It would also allow adequate access for fire protection should it be needed. Allowing this and the County accepting dedication of the project roadways would reduce costs and provide for assured maintenance of the access ways. ■ Grades and Curves (HCC §23-50). Request relief from the requirement for a minor street to have a 300-foot minimum horizontal curve. (See Figure 5. Schematic Site Plan of the PUD application) o Justification: The allowance of a 200-foot horizontal curve radius (as shown on the site plan for the 50-foot-wide minor street) conforms to guidelines provided in AASHTO standards, which provide for 200-foot horizontal curves at 25 miles per hour. The 200-foot horizontal curve allows the reverse curve road alignment to fit within the site constraints and to create the best lot configuration. Utilizing a 300-foot horizontal curve would reduce the useable depth of the lots between the two cul-de- sacs due to the steep slopes in the rear portion of these lots. The 200-foot horizontal curve is planned just before a stop sign so cars will either be slowing to a stop or traffic turning into the street will be slowly accelerating after turning into the street. Providing a smaller radius curve will discourage speeding and function as a traffic calming measure. This is important in a neighborhood where children will be present. ■ Requirements for Dedicable Streets (HCC §23-86). Request for relief from the requirement to construct project roadways to County dedicable standards, including the requirement to build the roadway to standards within the Subdivision Code as well as roadway specifications on file with the Department of Public Works (DPW). Specifically, the applicant is requesting relief from required right-of-way width, the installation of curbs, gutters, sidewalks and standard drainage facilities, and relief from requirements on roadway pavement thickness. These include the installation of 6-inch base course of four inches of compacted crusher run base with filler and two inches of asphalt concrete without the installation of a 6-inch sub -base material. (See Figure 6. Roadway Sections of the PUD application). o Justirication: The proposed road section with 2-inches of asphalt, which was the county standard until recently, will substantially reduce costs as compared with 3- inches of asphalt. Eliminating the crushed rock sub -base should also reduce costs while allowing the road section to perform satisfactorily according to a Geotechnical Study conducted for the project by Kokua Geotech LLC in June 2024 submitted with the application. Requirements for sidewalks (HCC §23-89). Request relief from the requirements for sidewalks for project roadway, Instead, the applicant proposes to the installation of paved swales and shoulder equal to the right-of-way width to provide pedestrian access. (See highlighted sections of Figure 6. Roadway Sections and Figure 6a. R- 18 Standard Details of the PUD) o Justification: Utilizing the id -foot -wide swales plus the 5-foot-wide shoulders as pedestrian paths will reduce costs as compared to providing curbs, gutters and sidewalks. Also, if a curb, gutter and sidewalk section is used, seepage pits would not be possible given the county standard detail for intake structures above the drywells where curbs and gutters are present. This would necessitate use of deep drywells which would conflict with the State Department of Health (DOH) prohibition of injection wells within one -quarter mile of a water well. Curbs and Gutters (HCC §23-91). Request to have the Planning Director determine that the construction of curbs and gutters are not necessary for roadways within the project area. o Justification: Instead of curbs and gutters, the applicant proposes to provide paved swales and shoulders consistent with details depicted in Figure 6. Roadway Sections and Figure 6a. R- IS Standard Details of the PUD application. Paved swales and shoulders would result in substantially less cost for the eventual buyer of the lots as compared to curbs, gutters and sidewalks and would provide the same level of drainage capacity. Drainage, Flood, and Erosion Mitigation Measures (HCC §23-92). Request to allow the use of seepage pits in lieu of drywells for stormwater disposal. Under this request, drainage would be handled by swales that feed into seepage pits throughout the project area rather than standard drywells. (See Figure 7. Seepage Pit Details of the PUD application) o Justification: Due to the proposed 43-lot subdivision's proximity to proposed water wells slated for development by a third party, standard drywells would not be permitted by State Department of Health (DOH) Underground Injection Control (UIC) requirements which state, "Any new it�ection well, other than subclass D iiecfion vtWls, shall be sited beyond an area which extends at least one -quarter mile from any part of a drinking water source. " Should drywells be initially installed then followed by the development of the water wells, the drywells would have to be modified and additional seepage pits installed. This process would be expensive and reduce the overall affordability of the proposed project; thus, it would be prudent to proactively plan for the impact of the water well development now by installing the -2- required drainage using seepage pits rather than drywells. The applicant proposes to develop a 43-lot, 100% affordable, single-family residential subdivision, with a minimum of 10,000 square foot lots on 14.321 acres of land. The proposed project will occur on two, non-contiguous areas as follows: I ) a 13.005-acre section that will support 39 lots (hereinafter 'Project Lot V); and 2) a I .316-acre section that will support 4 lots (hereinafter 'Project Lot 2'). The requested PUD exceptions would allow project roadways within Project Lot I to be developed with paved shoulders, swales, and driving lanes equal to the width of the right-of-way of 50 feet and 66 feet respectively with no curbs, gutters and sidewalks provided. Please note, the original application included cross sections for proposed 40-, 50-, and 60-foot-wide roadway improvements, however, the applicant subsequently updated planned roadway design for the proposed 50- and 66-foot-wide roadways to meet DPW roadway requirements outlined in Sheet R- 18. Street Cross -sections without Sidewalk of the DPW standard details manual (See highlighted section of Figure 6a. R-18 Roadway Sections of the PUD application). Despite the preceding, the modified sub -pavement and pavement treatment will be the same for all roadways. For Project Lot 2, access would be provided by a 40-foot-wide right-of-way with each leg being no longer than 150 feet. This would be sufficient for a fire truck to reverse and exist the site if they are called on in the event of a fire. Drainage would be handled by swales that feed into seepage pits through the project area rather than standard drywells. It should be noted that standard drywells would not be permitted by State Department of Health UIC requirements should the planned water wells be developed. Should drywells be initially installed then followed by the development of the water wells the drywells would have to be modified and additional seepage pits installed. Given that it would be prudent to plan for the impact of the well development now by handling the required drainage using seepage pits. Internal roadways and drainage systems will be built to non-dedicable standards, and the applicant proposes to dedicate these roadways and drainage systems to the County once constructed. Despite the preceding, DPW recommends that the applicant provide improvements to project street frontages, including but not limited to concrete sidewalks, drainage improvements, and any required utility relocation, meeting with the requirements of the Americans with Disabilities Act. Thus, while DPW supports some of the deviations from the subdivision code requested in the PUD application (grades and curves, alternative pavement design/thickness, and shallow drainage facilities), they do not support relief from minimum right-of-way and pavement widths and relief from the requirements of curbs, gutters, and sidewalks. If these exceptions are granted, DPW is not willing to accept dedication of the roadways as they would not meet dedicable roadway standards. The requested PUD, along with concurrent SLU District Boundary Amendment and change of zone request are necessary to facilitate the 43 -lot subdivision that will provide building sites for the HICDC self-help and turnkey housing program for low to moderate income households all of which will be in the County of Hawai'i's affordable housing guidelines. HICDC's intent is to provide as many self-help homes as possible given federal funding limitations. Turnkey homes would be suitable for households unable to provide the required self- help labor or due to their incomes being above 80% of the area median income which is the -3- upper limit for the self-help program. Turnkey homes will be sold at prices affordable to households up to 140% of the area median income. According to the applicant, the purpose for the requested PUD permit is to allow the development of an affordable single-family residential subdivision on a sloping undulating site while seeking to preserving the basic landforms, moderate grading, and minimizing certain development costs where possible. The planned development sites residential uses on gently sloping portions of the larger site and leaving undeveloped the steeper slopes that intervene. A result of this approach is the need for longer and more costly access roads which traverse the steeper portions of the site. These site factors and the desire to fit into the landscape work toward increasing costs. To achieve the desired affordability other design approaches are proposed to reduce costs that do not affect the functionality of the project. The purpose of a PUD is to encourage comprehensive site planning that is compatible with the surrounding community and that adapts the design of development to the land, by allowing diversification in the relationships of various uses, buildings, structures, open spaces, and yards, building heights, and lot sizes in planned building groups, while still ensuring that the intent of the Zoning Code is observed. The criteria for granting a PUD permit are found in Rule 16-9 in the Planning Commission Rules of Practice and Procedure and are discussed, as applicable, in further detail below: The construction of the project can begin and be completed within a reasonable period of time from the date of approval. According to the applicant, should the proposed entitlements be approved in 2024, the applicant will promptly file the subdivision application with the Planning Department. Anticipated completion of the subdivision is expected within 5 years from the date of approval of the PUD permit and accompanying change of zone, or by the end of 2029. The Planning Director believes that this timeframe is reasonable and will be added as a condition of approval. According to the Zoning Code, the effective date of any PUD permit approved by the Planning Commission with a concurrent change of zone application shall be the effective only when the change of zone ordinance becomes effective. The preceding shall be added as a condition of approval. The proposed development substantially conforms to the General Plan, any adopted community development plan or adopted master plan and, if applicable, any adopted design guidelines and/ or standards affecting the project area. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards, and courses of action to accommodate gr owth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture, and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately -owned resources. The proposed change of zone will be consistent with the following goals, policies, and standard of the Land Use -Single -Family Residential and Housing Elements of the General Plan: me • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Be District, compatibility with adjacent Zoned uses, availability ofpublic services and utilities, access, and public need. • Designate and allocate single.. family residential zoned lands at varying densities for fililre, use in accordance with the needs of the communities and he stated goals, policies, and standards. • Seek sufficient production of new affordable rental and fee -simple housing in the County in a variety ofsizes to satisfactorily accommodate the needs and desires of families and individuals. • Encourage corporations and nonprofit organizations to participate in Federal, Stale and private programs to provide new and rehabilitated housingfi)r low and moderate income families. • Encourage more innovative types of housing developments, such as cluster and planned unit developments. 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 LUPAG map designates the subject property and project area as Rural (rur). The Rural designation includes existing subdivisions in the State Land Use Agricultural and Rural districts that have a significant residential component. Typical lot sizes vary from 9,000-square feet to two acres. These subdivisions may contain small farms, wooded areas, and open fields as well as residences. Allowable uses within these areas, with appropriate zoning, may include commercial facilities that serve the residential and agricultural uses in the area, and community and public facilities. The Rural designation does not necessarily mean that these areas should be further subdivided to smaller lots. Most lack the infrastructure necessary to allow further subdivision. While the proposed reclassification to State Land Use Urban does not strictly align with this LUPAG Rural designation, it will facilitate the development of an affordable housing development that meets and extreme need and supports goals and policies of the GP and SKCDP related to increasing affordable housing. The South Kobala Community Development Plan (SKCDP) was adopted by the Hawaii County Council by Ordinance in 2008. The subject property is not situated within any town or community plan area and has no special designations in the SKCDP. That said, the proposed development complies with several SKCDP goals, policies, and actions related to the provision of affordable housing, including: • Provide affordable and workforce housing resources for low -and -moderate income individuals, families, and those residents of South Kohald with special needs. • 1`he South Kohala Community shall organize one or more community -based, non profit entities that can partner with the County Qffjce ofHousing and Community Development and with other non-profit organizations and for profit contractors and developers to provide affordable housing units. • The County shall provide more opportunifies.for low-income housing and transitional N shelters. ■ Construct more Self-help Housing. While this action plan is specific to affordable housing needs in Waimea, the provision oJ'Inore self-help housing is needed all over the district. Policies and Actions Based on the preceding, the approval of the reclassification of the project area to Urban, which would facilitate the development of the proposed affordable housing project is consistent with the SKCDP. The subject, 237.5-acre parcel is irregularly shaped with an undulating terrain, gently sloping from north to south. The property is vacant of any structures or improvements. The 14.32 I -acre project area consists of two non-contiguous areas of 13.005 acres and 1.316 acres respectively situated near Waiula Drive. These areas were selected to take advantage of relatively flat terrain for ease of subdivision development. Properties to north, across Kawaihae Road consists of the Waimea Landmark Estates Subdivision zoned Agricultural-3 Acres (A-3a). Properties to the east consist of the Kanehoa and Anekona Estates subdivisions, with lands zoned Agricultural-5 Acres (A-5a) and Residential and Agricultural-2 acres (RA-2a). Directly to the south is a large, State-owned parcel of land zoned Agricultural-5 Acres (A-5a) and to the west is a vacant parcel, also owned by the applicant and similarly zoned Agricultural-1 Acre (A-1a). It should be noted that immediately to the east of the proposed project area are two affordable housing developments, the Ouli Cottages project, consisting of 33 multiple -family, rental housing units built in 1995 and the Ouli Self Help Housing project, consisting of 40 lots developed between 1999 and 2004. These properties are on lands that were reclassified from Agricultural to an Urban in 1994 and received relief from Hawaii County zoning requirements in 1994 from the County Council as part of a HRS 201 E affordable housing program (which is now called the HRS 201 H program), thus, they are still zoned Agricultural-1 Acre (A -la). The proposed PUD design is consistent with these urban, affordable housing residential nodes and aims to provide similar characteristics to the Ouli Self -Help subdivision. Additionally, this rezone, along with an approved PUD, will allow the applicant to defray infrastructure costs associated with typical subdivision requirements in order to ensure that 100% of the proposed lots would be offered at affordable rates to prospective buyers. This will be done through an affordable housing agreement between the applicant and the County Office of Housing and Community Development pursuant to Chapter I I of the Hawai'i County Code, that will be executed prior to receipt of Final Subdivision Approval for any portion of the project. Based on the preceding, the proposed PUD request conforms to the goals, policies and standards of the General Plan and the Hdmdk-ua Community Development Plan (CDP). Any residential or agricultural development shall constitute an environment of sustained desirability and stability for the district that is in harmony with the character of the surrounding area, that results in an intensity of land use no higher than that otherwise specified for the district, and that maintains the standards of open space at least as high as that otherwise specified for the district in which the development occurs. The subdivision layout and roadway design proposed in the PUD are consistent with the character of the nearby, 40-lot Ouli Self -Help subdivision discussed above. This subdivision consists of single-family residential lots ranging in size from 10,000 to almost 18,000 square feet along local roadways not built to Subdivision Code standards. -6- As discussed in the applicant's Subdivision Code exception justification statements above, the proposed roadway and drainage exceptions will maximize the number of affordable lots than can be created in relatively flat areas of the subject property while holding down infrastructure costs to further enhance affordability. Finally, the proposed RS-10 zoning in the concurrent change of zone request would allow a mathematical density of 62 lots within the project area, thus the proposed 43-lot subdivision would not result in an intensity of land use higher than that otherwise specified for the district The development of a harmonious, integrated whole justifies exceptions, if required, to the normal requirements of Chapter 23 Hawai'i County Code 1983 (2016 Edition, as amended), and the contemplated arrangements or use make it desirable to apply regulations and requirements differing from those ordinarily applicable under the district regulations. There is a severe shortage of housing in the County of Hawaii. According to the Hawaii Housing Finance Corporation, Hawaii County has a need for 13,542 housing units to account for population growth. Moreover, the need for affordable housing is equally as urgent. The requested exceptions from the Subdivision Code will help significantly defray infrastructure costs related to developing housing on the proposed PUD lots through the applicant's self-help and turnkey affordable housing program. Additionally, given the topographical and physical constraints of the larger parcel upon which the project site is located, all the requested exceptions were carefully considered to enhance lot design and maximize the property's features to be complementary to existing surrounding land uses, including the similarly designed, 40-lot, self-help residential subdivision in the immediate vicinity. Finally, based on consultation with the Planning Department's Administrative Permits Division (the division that previously processed PUD applications), the Director is comfortable recommending approval of the entire slate of exceptions, as there were no significant concerns with what was proposed. It should be noted that the 43-lot subdivision will still be required to go through a formal subdivision process and will be subject to all other requirements of the Zoning and Subdivision codes, less the exceptions requested here. Finally, while the applicant did not request it, the Planning Director also recommends that the Planning Commission grant an exception to HCC §23-95. Right-of-way improvement, which requires a subdivider to improve the entire street right-of-way to standard specifications on file at the Department of Public Works. As the proposed 40-foot-wide roadway will not meet DPW standard specifications, an exception to this section of code will also be necessary to develop the proposed subdivision. The request will not have a signnificant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawaii State Supreme Court's -PASIT' and "Ka Pa'akai 0 Ka'Aina7' 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: An Archaeological Inventory Survey (AIS) entitled, "Archaeological Inventory Survey of 7W. (3) 6-2-001: 075 portion, Ouli A 11huplia'a, South Kohala District, Island oJ'Hcnvai'i "was produced by Ogden Environmental and Energy Services, Co., Inc. In 1990, revised in 1993 and approved by SHPD in 1994. The AIS was originally created for the evaluation of the Waikoloa Maneuver Area, a 91,000-acre area used for military training exercises during World War 11, which includes the proposed project area. N Additionally, the applicant submitted a Cultural Impact Assessment (CIA) entitled, "Cultural Impact Assessment TMK: (3) 6-2-001: 075 portion, 'Ouli Ahupua'a, South Kohala District, Island of Hawaii" prepared by Kulaiwi Archeology, LLC and dated July 2024. This CIA covered the proposed project area. Finally, the applicant submitted a professional floral/faunal survey entitled, "Biological Survey of the Ouli Lands, TMKs 6-2-1-.74 and 75 South Kohala District, Island of Hawaii" prepared by Geometrician Associated LLC in August 2023. This study covered 257.338 acres of land, including the proposed project area. The valued cultural, historical, and natural resources found in the project area: The AIS identified 75 sites in the 91,000-acre study area, including sites related to military training, ranching, historic period use, and traditional Hawaiian use. Nine (9) of these sites were recommended for further work, including 2 historic sites and a burial site located approximately 1/2mile away from the project area. A preservation plan and a burial treatment plan for the sites were approved by the State Historic Preservation Division in 2001 and 2003 respectively. There were no historic sites identified within the project area. The CIA found that traditional Hawaiian activities in the area were primarily shoreline - based and seasonal, upland areas served as transit zones, with trails historically maintained by local families for access to coastal resources. The area, known as a dry and arid land ('Aina kaba), was later influenced by the sandalwood trade and, more substantially, by 19th-century ranching activities connected to Parker Ranch, as well as World War 11 military training in the Waikoloa Maneuver Area. Despite these historical activities, the CIA identified no significant cultural practices or traditional resources directly within the project's Area of Potential Effect (APE). It concluded that the proposed development would not interfere with known cultural resources, as the land itself had no direct ties to ongoing Hawaiian practices, though standard protocols would apply if any cultural resources were inadvertently discovered during construction. Finally, the Biological Study found that the area is dominated by non-native plant species and that no rare, threatened, or endangered plant species were identified during the survey as the habitat is considered unsuitable for such species. The presence of invasive species like tree tobacco, which supports the endangered Blackburn's sphinx moth, requires careful management to prevent its spread. Faunal resources included 14 bird species, most of which were non-native, except for a single pueo (Hawaiian short -eared owl) sighting. Feral mammals such as cats, goats, and cattle were observed, all of which are detrimental to the native ecosystem. Although the endangered Hawaiian hoary bat may use the area for seasonal foraging and roosting, no sightings were confirmed during the survey. Invertebrate species like the endangered, yellow -faced bee are unlikely to inhabit the property due to insufficient habitat conditions. Possible adverse effect or impairment of valued resources: As there are no archaeological, historical or cultural resources identified within the proposed project area, no such resources are anticipated to be adversely affected or impaired. While there were no federally listed or endangered species identified within the project area, Hawaiian sea birds and the Hawaiian Hoary Bat have the potential to transit the area thus proposed development has the potential to impact these species. Finally, the presence of the tree tobacco plant on the property can serve to attract the endangered Blackburn's sphinx moth. 10 Feasible actions to protect native Hawaiian rights: As stated above, there were no identified native Hawaiian rights being exercised within the project area. Thus, to the extent to 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. However, a condition of approval will be added to the concurrent change of zone to address and protect inadvertent finds should any remains of historic sites, such as rock walls, ten -aces, platforms, marine shell concentrations or human burials be encountered. Finally, a condition will be added to concurrent change of zone to mitigate impacts on potential listed or endangered species that may transit or be attracted to the project area. Lastly, this approval is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the approved use, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), compliance with DLNR-SHPD requirements, 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.