HomeMy WebLinkAboutPD Background Report HICDC (PL-REZ-2023-054) B1HCDCKohaIaREZAmend.2.8.2024
COUNTY OF HAWAI`I PLANNING DEPARTMENT
BACKGROUND REPORT
HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 10 101
(PL-REZ-2023-000054/AMEND REZ 2009-000112)
HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION has submitted an
application for a 5-year time extension to Condition C (Final Subdivision Approval) of
Ordinance No. 10-101, which reclassified approximately 18.38 acres of land from an
Agricultural 20-acre (A-20a)to a Single Family Residential-15,000 square foot(RS-15), Single
Family Residential-10,000 square foot(RS-10), Single Family Residential-7,500 square foot
(RS-7.5) and Open zoning districts. The property is situated along the north (makai) side of the
Akoni Pule Highway approximately 600 feet west of the Kohala High and Elementary School
complex, Pahoa, North Kohala, Hawaii, TMK: (3) 5-5-019: 025 and 027 (portions).
1. Applicant's Request: The applicant is requesting a rive (5)-year time extension to
Condition C (Final Subdivision Approval) of Change of Zone Ordinance No. 10 101,
which currently states:
Final Subdivision Approval of the proposed subdivision shall be secured from the
Planning Director within five (5)years from the effective date of this ordinance.
2. Project History: According to the applicant, the rezone area is intended to be the land
upon which the next phases of the `Kumakua Self Help Housing' project are to be built.
To date, 44 self help homes have been developed on approximately 15 acres mauka of the
rezone area that were subject to rezone Ordinance No. 06-68. They subsequently rezoned
an additional 18.328 acres in 2010 (Ordinance No. 10-101)from A-20a to RS-15, RS-10,
RS-7.5 and Open to accommodate the next three phases of development, consisting of 32,
10,000 square-foot minimum house lots, one 8.12-acre bulk lot, and a road lot. When the
applicant submitted a subdivision application in 2023 for the preceding,they were
advised that the time to secure Final Subdivision Approval in the ordinance had expired,
thus they are requesting a 5-year time extension to complete the subdivision.
3. Self Help Housing: The HICDC mutual self help housing program is financed through
the USDA Rural Development 502 Direct Loan program. These loans are affordable for,
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and only available to households at 80 percent of the median income or below.
Following the close of the loan the families work in groups of 10 to 11 to perform 65% of
the labor involved in constructing the homes. The homes are built together, all families
work on all the homes and no one moves in until all of the homes are complete. HICDC
assists the families in qualifying for the loan, secures the permits and subcontractors, and
has an on-site construction supervisor to guide the construction process. This process has
been used to complete more than 300 homes on the Big Island, including 44 in the first 2
phases of this project.
4. Reasons for the Request: According to the applicant, after securing the rezoning of the
property in 2010, they were concerned about the economic outlook of North Kohala
residents given the impacts of the 2008-2009 great recession and had significant
difficulty recruiting applicants who were interested in self help housing in North Kohala
and who met the income and credit requirements to qualify for the required mortgage.
This made the applicant reticent to borrow the $4 million in funds to construct this phase
of the subdivision. However, given the passage of time and the post-pandemic economic
recovery, those concerns have receded, and the applicant has the financing lined up to
proceed with the subdivision.
5. Landowner: Hawaii Island Community Development Corporation.
6. Supportive Information: The applicant has submitted the attached in support of the
request: (Planning Department Exhibit 1 —Change of Zone Amendment Request
dated October 27,2023).
STATE AND COUNTY PLANS
7. State Land Use Designation: Urban.
8. County Zoning: Single Family Residential-15,000 square foot(RS-15), Single Family
Residential-10,000 square foot(RS-10), Single Family Residential-7,500 square foot
(RS-7.5) and Open.
9. General Plan LUPAG Map: Low Density Urban, which allows residential (overall
residential density may be up to six units per acre), with ancillary community and public
uses, and neighborhood and convenience-type commercial uses.
10. North Kohala Community Development Plan (NKCDP): Adopted on November 5,
2008 by Ordinance No. 08 151, Section 3.2 of the North Kohala Community
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Development Plan states that, "self-help homes and other affordable housing projects
should be located on lands that are within the Low Density Urban areas on the LUPAG
map. In North Kohala, the Village Centers ofHawi, Kapa`au, Halawa and Niuli`i are
designated Low Density Urban."
11. Special Management Area (SMA): The Special Management Area is a part of the
Coastal Zone Management Program and regulated by the County. The subject parcels are
located over one mile from the nearest shoreline and are not situated within the SMA.
DESCRIPTION OF SUBJECT PROPERTIES AND SURROUNDING AREA
12. Rezone Area: The rezone area, totaling 18.38 acres of land is irregularly shaped, gently
slopes to the north (makai), and is currently devoid of any structures or improvements.
13. Surrounding Zoning/Land Uses: Lands to the north are larger agricultural lots zoned
A-20a consists mainly of agricultural uses with scattered dwellings. Lands directly to the
south are zoned RS-7.5 and consist of the first two phases of the Kumakua Self Help
subdivision. To the west is a property zoned A-20a, and further west are properties zoned
RS-15 and CV-10 in Hawi. To the east are properties zoned A-20a and RS-15. The
Kohala Elementary and High Schools are located 600 feet to the east on lands zoned
RS-15.
14. Agricultural Lands of Importance to the State of Hawaii (ALISH): The majority of
the project site is designated Prime Agricultural Land. Portions of the eastern section of
the project site are designated Other Important Agricultural Land and Unclassified.
15. Land Study Bureaus Detailed Land Classification Systems: "B" or"Very Good".
16. U.S. Soil Survey: Kohala silty clay, 3 to 12 percent slopes (KhC). Runoff is slow to
medium, and the erosion hazard is slight to moderate.
17. Flood Zone: Flood Zone "X", or an area of minimal flood hazard.
18. Floral/Faunal Resources: According to the applicant, the entire parcel has been
previously utilized for sugar cane cultivation between 1862 and 1973 and has been
cleared and graded. Since the closure of the Kohala Sugar Company in 1973, the
property has been utilized for cattle grazing. The predominant vegetation type on the
property is characterized as pastureland comprised of a mixed grass and herb association
with scattered shrubs. The vegetation of the site is dominated by introduced or alien
species with no candidate,proposed, or listed threatened or endangered species identified
-3-
in the Endangered Species Act of 1973. Fauna resources including the Short-eared Owl
or Pueo and the Hawaiian Hawk or `Io are known to frequent the area and are commonly
found in open grasslands and agricultural lands in Kohala. In a letter dated October 17,
2005, the DLNR Division of Forestry and Wildlife had no objections to the project, with
no further need for consultation.
19. Historical/Archaeological Resources: By letter dated December 21, 2009, the
Department of Land and Natural Resources-State Historic Preservation Division
determined that"no historic properties will be affected by this project."
20. Cultural Resources: The property does not contain any features of cultural importance
and there is no history of traditional gathering associated with the property. The proposed
use would not affect the exercise of traditional or customary Native Hawaiian rights in
the area.
21. Public Access: There is no record of a designated public access to the shoreline or
mountain areas that traverses the property.
PUBLIC UTILITIES AND SERVICES
22. Access: Access to the rezone area is from the Akoni Pule Highway, a State-owned
highway with an approximate 38-foot pavement and paved shoulders within an 80-foot
right-of-way via Kumakua Road and Ho`oko Road, County-owned roadways consisting
of 32 feet of roadway pavement and concrete curb, gutter, and sidewalk within a 42-foot
right-of-way. To maximize the number of lots in the 3rd phase of the development, the
applicant requested and was granted a variance from County dedicable roadway
standards related to minimum right-of-way and pavement widths, reduced curb height,
and asphalt pavement width (Planning Department Exhibit 2—Variance No.
PL-SVAR-2023-000040 dated November 15,2023). The roadway standards granted
under the variance are like the standards to which the roadways in the first two phases
were developed and the applicant plans to similarly dedicate the phase 3 roadways to the
County.
23. Traffic: According to the Institute of Traffic Engineers (ITE) Trip Generation Manual,
the proposed 32 single-family dwelling lots will generate 32 peak hour vehicle trips,
which does not trigger the requirement for a Traffic Impact Analysis Report(TIAR).
24. Water: According to the Department of Water Supply (DWS), the applicant has a total
-4-
of 33 units of County water for the project. By letter dated February 5, 2024, DWS
confirmed that the applicant paid a water commitment deposit for 31 additional units of
water and issuing a water commitment time extension until October 31, 2024.
Furthermore, DWS indicated that the applicant would be responsible for constructing
water system improvements including new, minimum 8-inch water mains capable of
delivering adequate pressure and volume under peak-flow and fire-flow conditions,
service laterals that will accommodate 5/8-inch water meters to each lot, and fire
hydrants. Finally, the applicant will be required to remit the remaining facilities charge
and prepare and execute documents conveying the improvements to the Water Board
prior to receipt of Final Subdivision Approval. (Planning Department Exhibit 3 —
November 30,2023 and February 5,2024 letters from the Department of Water
Supply).
25. Wastewater System: According to the applicant, individual wastewater systems meeting
with the approval of the State Department of Health will be utilized.
26. Solid Waste: There are no municipal solid waste collection services in the County. Solid
waste will be disposed of at an authorized landfill by commercial haulers or individual
homeowners. A condition of the existing ordinance requires the applicant to submit a
Solid Waste Management Plan to the Department of Environmental Management for
approval prior to receipt of Final Subdivision Approval.
27. Essential Utilities and Services: Electricity and telephone services are available to the
site. The nearest police and fire departments are located approximately 2 miles from the
project site in Kapa`au.
AGENCIES'AND ORGANIZATIONS' COMMENTS
28. Department of Environmental Management: (Planning Department Exhibit 4 —
December 6,2023 Memo)
29. State Department of Health (Planning Department Exhibit 5—December 1, 2023
Memo)
30. State Department of Transportation (Planning Department Exhibit 6—December
15,2023 Letter)
AGENCIES -NO COMMENTS OR OBJECTIONS
31. Department of Public Works-Engineering Division and the Police Department.
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AGENCIES -NO RESPONSES
32. Fire Department and Office of Housing and Community Development.
PUBLIC COMMENTS
33. No public comments have been received as of the date of the writing of this report.
-6-
HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION
100 Pauahi Street Suite 201 Hilo, Hawaii 96720
October 27, 2023
Mr. Zendo Kern, Director
Planning Department
101 Pauahi Street\Suite 3
Hilo, Hawaii 96720
SUBJECT: Time Extension Request
Ordinance No. 10-101
TMK: 5-5-19: 25 and 27
Enclosed is the time extension to comply with Ordinance No. 10-101. This self help
housing project is ready to commence processing a subdivision application for future self
help housing.
Also uploaded onto the EPIC system:
1) A description of activities that has taken place since the ordinance was approved
and the basis for the present request.
2) Location, TMK and Subdivision maps for reference.
3) Names and mailing address for property owners within 300 feet of the property.
4) $500 filing fee.
5) Tax Clearance
If you or your staff have any questions please do not hesitate to contact me at 808-987-
6750 or via email keith.hicdcggmail.com.
Sincerely,
} } Digitally signed by Keith
KKato
e i`h Ka`�Date:2023.10.27
16:02:47-10'00'
Keith Kato
Executive Director
Enclosures
Planning Dept.
Exhibit 1
Kumakua Self Help Housing Time Extension Request
Ordinance 10-101
Background: Kumakua Self Help Housing
The initial zoning for the Kumakua Self Help Subdivision in North Kohala was originally approved in 2006
as Ordinance 06-68. This 15 acre rezoning was the first phase of the development of a 31 acre parcel
that HCIDC purchased from the Hawaii Conference of the United Church of Christ. On those 15 acres
HICDC developed 44 self help homes in five phases. The fifth phase was completed in 2016.
During that same period HICDC applied for rezoning of another 15 acres and that was approved by
Ordinance 10-101 in 2010. This is the ordinance for which we are seeking a time extension.
HICDC is starting the development of the next three phases of self help housing. A subdivision plan has
been created and submitted to the Planning Department for review and approval. However, the
department informed us that the time limits of Ordinance 10-101 have expired and that we would
require a time extension granted by the County Council before proceeding with the subdivision.
We have reviewed the remaining conditions of Ordinance 10-101 and based on what we know we
believe that we can comply with those conditions.
Time Extension Criteria
We hereby request a five year time extension to develop the subdivision and secure final subdivision
approval. We are ready to meet this time requirement as the preliminary plans for the subdivision have
been designed and are being reviewed by the county.
Referring to the criteria stated in Ordinance 10-101 we submit the following:
1. That the non-performance is not due to negligence by the applicant. Since the passage of Ord
10-101 HICDC has completed:
19 self help homes in North Kohala— Kumakua Phase 2A and 213
58 self help home in Puna
30 self help homes in Pepeekeo
182 senior rentals in Hilo—Mohouli 1, 2, and 3
20 senior rental units in Papaaloa
Currently a 100 family rental project is under construction in North Kona to be completed in
October 2024.
In addition, HICDC recently assisted Hope Services in developing the Sacred Hearts senior rental
project in Pahoa, and the County of Hawaii Kukui'ola project in North Kona.
While this was going on we were concerned about the economic outlook for residents in North
Kohala given the impacts of the 2008-2009 Great Recession. We had significant issues qualifying
applicants for the last two increments and were concerned about borrowing roughly$4 million
in funds to construct the subdivision and having the risk of not being able to recruit enough low
income households interested in self help housing who have sufficient credit to qualify for the
required mortgage. Further, we have found that the overwhelming percentage of people
interested in self help housing in North Kohala either live there now or have roots there. This
means that there is a limited pool of people from which to draw.
Given the passage of time and the economic recovery after the pandemic we feel that these
concerns have receded and are ready to proceed with the subdivision.
2. The granting of the time extension would be consistent with the intent of the General Plan to
promote the development of affordable housing. Further, the Kohala CDP specifically calls for
the development of more self help housing in the district.
3. The granting of the zoning would not be contrary to the original reasons for granting of the
change of zone.
4. A five year time extension to complete the subdivision would be consistent with the original
time of performance.
Conclusions:
The project has the water required and we have the financing lined up. Following the approval by the
County Council the subdivision is secure construction drawing approval in 12 months followed by 6
months of infrastructure construction. Self help housing construction is project to commence in 18
months following Council approval.
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COUNTY OF HAWAIII STATE OF HAWAII
E G f'µ1
ORDINANCE NO.
0' 101. BILL NO. 274
AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA ZONE
MAP),ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY CODE
1983 (2005 EDITION),BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL—TWENTY ACRES (A-20a) AND SINGLE-FAMILY RESIDENTIAL—
7,500 SQUARE FEET(RS-7.5) TO SINGLE-FAMILY RESIDENTIAL— 15,000 SQUARE
FEET(RS-15), SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET(RS-10),
SINGLE-FAMILY RESIDENTIAL—7,500 SQUARE FEET(RS-7.5), AND OPEN AT
PAHOA,NORTH KOHALA,HAWAI°I, COVERED BY TAX MAP KEY: 5-5-019:025 AND
027(PORTIONS).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Section 25-8-7,Article 8, Chapter 25 (Zoning Code)of the Hawaii County
Code 1983 (2005 Edition),is amended to change the district classification of property described
hereinafter as follows:
The district classification of the following area situated at Pahoa,North Kohala,
Hawaii, shall be Open(0):
AREA 1 (A-20a to OPEN)
Beginning at the north corner of this parcel of land,the direct azimuth and
distance from the northwest corner of Lot 343,Land Court Application 1120(Map 80)
being: 102° 52' 500.00 feet,the coordinates of said point of beginning referred to
Government Survey Triangulation Station"PUU O NALE",being 14,722.62 feet North
and 6,892.50 feet East, thence running by azimuths measured clockwise from true South:
1. 345' 31' 05" 117.44 feet along the remainder of R. P.
7794, L.C. Aw. 10,911 to Umi (Area
4);
A-
r
2. 102' 52' 38.01 feet along the remainder of R. P.
7791, L.C. Aw. 1.0,911 to Umi (Area
2);
3. Thence along the remainder of R. P. 7794, L. C. Aw. 10,911 to Umi, along the
remainder of Grant 2768 to Kaaua
and along the remainder of Lot 343,
Ld. Ct. App. 1120 (Map 80) on a
curve to the right with a radius of
350.00 feet, the chord azimuth and
distance being:
15' 09, 400.00 feet;
4. 192° 52' 504.00 feet along Lot 289,Ld. Ct. App.
1120(Map 49), along the remainder
of Grant 2768 to Kaaua and along
the remainder of R. P. 7794,L. C.
Aw. 10,911 to Umi to the point of
beginning and containing an area of
0.530 acre.
The district classification of the following area situated at Pahoa,North Kohala,
Hawaii,shall be Open(0):
AREA 2(RS-7.5 to OPEN)
Beginning at the northeast corner of this parcel of land,being also the northwest
corner of Area 3,the coordinates of said point of beginning referred to Government
Survey Triangulation Station "PUU O NALE",being 14,608.90 feet North and 6,921.87
feet East, thence running by azimuths measured clockwise from true South:
1. 345° 31' 05" 107.62 feet along the remainder of R. P.
7794,L. C. Aw. 10,911 to Umi and
along the remainder of Lot 343,Ld.
Ct. App. 1120(Map 80)(Area 3);
2. 7° 05' 33" 122.91 feet along the remainder of Lot 343,
Ld. Ct. App. 1120(Map 80)(Area
3);
3. 20° 44' 38" 83.27 feet along the remainder of Lot 343,
Ld. Ct. App. l 120(.Map 80)and
-2-
along the remainder of R. P. 7794,L.
C. Aw. 10,911 to Umi;
4. 43' 24' 15" 70.41 feet along the remainder of R. P.
7794,L. C. Aw. 10,911 to Umi;
5. 56' 01' 19" 78.96 feet along the remainder of R. P.
7794,L. C.Aw. 10,911 to Umi,
along the remainder of Grant 2768 to
Kaaua and along the remainder of
Lot 343, Ld_ Ct.App. 1120(Map
80);
6. 145' 38' 19.84 feet along the remainder of Lot 343,
Ld. Ct. App. 1120(Map 80);
7. 192° 52' 5.45 feet along Lot 289, Ld. Ct. App.
1120(Map 49);
8. Thence along the remainder of Lot 343,Ld. Ct. App. 1120(Map 80),along the
remainder of Grant 2768 to Kaaua
and along the remainder of R. P.
7794,L. C.Aw. 10,911 to Umi
(Area 1)on a curve to the left with a
radius of 350.00 feet,the chord
azimuth and distance being:
195' 09' 400.00 feet;
9. 282° 52' 38.01 feet along the remainder of R. P.
7794,L. C. Aw. 10,911 to Umi
(Area 1)to the point of beginning
and containing an area of 0.397 Acre.
-3-
The district classification of the following area situated at Pahoa,North Kohala,
Hawaii, shall be Single-Family Residential 10,000 square feet(RS-10):
AREA 3 (RS-7.5 to.RS-1.0)
Beginning at the northwest corner of this parcel of land,being also the northeast
corner of Area 2, the coordinates of said point of beginning referred to Government
Survey Triangulation Station"PUU O NALE", being 14,608.90 feet North and 6,921.87
feet East, thence running by azimuths measured clockwise from true South:
1. 282' 52' 155.40 feet along the remainder of R.P.
7794,L. C. Aw. 10,911. to Umi and
along the remainder of Lot 343, Ld.
Ct. App. 1120(Map 80)(Area 4);
2. Thence along the remainder of Lot 343,Ld. Ct. App. 1120(Map 80) on a curve to
the left with a radius of 300.00 feet,
the chord azimuth and distance
being:
332' 58' 32" 192.46 feet;
3. 44' 16' 88.91 feet along the remainder of Lot 343,
Ld. Ct. App. 1 l20(Map 80);
4. Thence along same on a curve to the left with a radius of 500.00 feet, the chord
azimuth and distance being:
41° 19' 41" 51.27 feet;
5. 128' 23' 22" 21.00 feet along the remainder of Lot 343,
Ld. Ct. App. 1120(Map 80);
6. 121' 00' 133.97 feet along the remainder of Lot 343,
Ld. Ct. App. 1.120(Map 80);
7. 187' 05' 33" 122.91 feet along the remainder of Lot 343,
Ld. Ct. App. 1120(Map 80)(Area
2);
8. 165' 31' 05" 107.62 feet along the remainder of Lot 343,
Ld. Ct. App. 1120(Map 80) and
along the remainder of R. P. 7794,L.
C. Aw. 10,911 to Umi (Area 2)to
-4-
the point of beginning and containing
an area of 0.990 acre.
The district classification of the following area situated at.Pahoa,North Kohala,
Hawaii, shall be Single-Family Residential-- 10,000 square feet (RS-10):
AREA 4 (A-20a to RS-.10)
Beginning at the northwest corner of this parcel of land, being also the northwest
corner of Lot 343, Land Court Application 1120(Map 80), the coordinates of said point
of. beginning referred to Government Survey Triangulation Station "PUU O NALE",
being 15,210.07 feet North and 7,003.85 .feet East,thence running by azimuths measured
clockwise from true South:
1. 281° 10' 20" 619.27 feet along Lot 177-B, Ld. Ct. App.
1120(Map 35);
Thence along the remainder of Lot
343,Ld. Ct. App. 1120(Map 80) for
the next eight(8) courses,the direct
azimuths and distances being:
2. 12° 52' 417.24 feet (Area 8);
3. 102° 52' 146.00 feet(Area 7);
4. 192° 52' 59.00 feet(Area 5);
5. 102' 52' 302.00 feet (Area 5);
6. 12' 52' 76.64 feet(Area 5);
7. Thence along same on a curve to the left with a radius of 400.00 feet,the chord
azimuth and distance being:
5° 11' 30" 106.84 feet,
8. 357° 31' 54.83 feet(Area 5);
9. Thence along Area 5 on a curve to the left with a radius of 300.00 feet,the chord
azimuth and distance being:
354° 36' 02" 30.52 feet;
-5-
10. 102° 52' 155.40 feet along the remainder of Lot 343,
Ld. Ct. App. H 20(Map 80)and
along the remainder of R. P. 7794,L.
C. Aw. 10,911. to Umi (Area 3);
11. 165 31' 05" 117.44 feet along the remainder of R. P.
7794,L. C. Aw. 10,911 to Umi
(Area 1);
12. 192' 52' 500.00 feet along the remainder of R. P.
7794, L. C. Aw. 10,911 to Umi and
along Lot 177-A, Ld. Ct. App. 1120
(Map 35) to the point of beginning
and containing an area of 6.191
acres.
The district classification of the following area situated at Pahoa,North Kohala,
Hawaii, shall be Single-Family Residential—7,500 square feet (.RS-7.5):
AREA 5(A-20a to RS-7.5)
Beginning at the southeast corner of this parcel of land,being also the northwest
corner of Area 6,the coordinates of said point of beginning referred to Government
Survey Triangulation Station"PUU O NALE",being 14,509.63 feet North and 7,356.50
feet East,thence running by azimuths measured clockwise from true South:
Along the remainder of Lot 343,Ld.
Ct. App. 1120(Map 80) for the next
eight(8)courses, the direct azimuths
and distances being:
1. 102' 52' 290.43 feet;
2. Thence along Area 4 on a curve to the right with a radius of 300.00 feet,the chord
azimuth and distance being:
174' 36' 02" 30.52 feet;
3. 177" 31' 54.83 feet(Area 4);
-6-
4. Thence along Area 4 on a curve to the right with a radius of 400.00 feet,the chord
azimuth and distance being:
185` 11' 30" 106.84 feet;
5. 192° 52' 76.64 feet(Area 4);
6. 282° 52' 302.00 feet(Area 4);
7. 12' 52' 106.28 feet(Areas 4 and 7);
8. Thence along Area 7 on a curve to the left with a radius of 480.00 feet,the chord
azimuth and distance being:
Y 25' 157.62 feet;
9. 353' 58' 2.78 feet (Area 7)to the point of
beginning and containing an area of
1.805 Acres.
The district classification of the following area situated at Pahoa,North Kohala,'
Hawaii, shall be Single-Family Residential— 15,000 square feet(RS-15):
AREA 6(RS-7.5 to RS-15)
Beginning at the northwest corner of this parcel of land,being also the southeast
corner of Area 5,the coordinates of said point of beginning referred to Government
Survey Triangulation Station"PUU O NALE",being 14,509.63 feet North and 7,356.50
feet East,thence running by azimuths measured clockwise from true South:
Along the remainder of Lot 343,Ld.
Ct. App. 1120(Map 80) for the next
six (6)courses,the direct azimuths
and distances being:
1. 282° 52' 206.04 feet(Area 7);
2. 12° 52' 158.65 feet(Area 7);
3. Thence along a curve to the right with a radius of 150.00 feet,the chord azimuth
and distance being:
83° 13' 19" 112.60 feet;
4. 105° 16' 62.55 feet;
-7-
5. Thence along a curve to the left with a radius of 400.00 feet, the chord azimuth
and distance being:
184° 37' 147.85 feet;
6. 173' 58' 50.27 feet to the point of beginning and
containing an area of 0.783 acre.
The district classification of the following area situated at Pahoa,North Kohala,
Hawaii, shall be Single-Family Residential— 15,000 square feet(RS-15):
AREA 7 (A-20a to RS-15)
Beginning at the northwest corner of this parcel of land,being also the northeast
corner of Area 8 the coordinates of said point of beginning referred to Government
Survey Triangulation Station"PUU O NALE",being 15,035.39 feet North and 7,888.29
feet East,thence running by azimuths measured clockwise from true South:
1. 281' 10' 20" 176.68 feet along Lot 177-B,Ld. Ct. App.
1120(Map 35);
2. 284' 45' 35.02 feet;
Thence along Lot 176,Ld. Ct. App.
1120(Map 32)for the next nine(9)
courses,the direct azimuths and
distances being:
3. 18° 15' 100.94 feet;
4. 49° 30' 107.00 feet;
5. 2° 11' 75.30 feet;
6. 52° 38' 82.88 feet;
7. 34° 19' 199.18 feet;
8. 13' 23' 115.87 feet;
9. 55° 56' 51.30 feet;
10. IT 00' 30" 71.79 feet;
-8-
11. 338' 37' 199.67 feet;
12. 98° 18' 291.26 feet along Grant 737 to Kapana;
13. 192' 52' 287.35 feet along the remainder of Lot 343,
Ld. Ct. App. 1120(Map 80);
14. 102' 52' 206.04 feet along the remainder of Lot 343,
Ld. Ct. App. 1120(Map 80)(Area
6);
15. 173' 58' 2.78 feet along the remainder of Lot 343,
Ld. Ct. App. 1120(Map 80) (Area
S)�
16. Thence along same on a curve to the right with a radius of 480.00 feet,the chord
azimuth and distance being:
,183- 25' 157.62 feet;
17. 192' 52' 47.28 feet along the.remainder of Lot 343,
Ld. Ct. App. 1120 (Map 80)(Area
5);
18. 282° S2' 146.00 feet along the remainder of Lot 343,
Ld. Ct. App. 1120 (Map 80)(Area
4);
Thence along the remainder of Lot 343,Ld. Ct. App. 1120(Map 80)(Area 8)for
the next eight(8)courses, the direct
azimuths and distances being:
19. 12' 52' 47.28 feet;
20. 31` 58' 06" 103.18 feet;
21. 299' 09' 60.09 feet;
22. 212' 18' 135.76 feet;
23. 301` 38' 140.78 feet;
24. 206' 46' 209.03 feet,
-9-
25_ Thence along a curve to the left with a radius of 590.00 feet, the chord azimuth
and distance being:
201' 46' 102.84 feet;
26. 196' 46' 200.44 feet to the point of beginning and
containing an area of 4.741 acres.
The district classification of the following area situated at Pahoa,North Kohala,
Hawaii, shall be Open(0):
AREA 8(A-20a to OPEN)
Beginning at the northeast coiner of this parcel of land,being also the northwest
corner of Area 7 the coordinates of said point of beginning referred to Government
Survey Triangulation Station"PUU O NALE",being 15,035.39 feet North and 7,888.29
feet East,thence.running by azimuths measured clockwise from true South:
Along the remainder of Lot 343, Ld.
Ct. App. 1120(Map 80) for the next
eight(8)courses,the direct azimuths
and distances being:
1. 16' 46' 200.44 feet(Area 7);
2. Thence along same on a curve to the right with a radius of 590.00 feet,the chord
azimuth and distance being:
21' 46' 102.84 feet;
3. 26' 46' 209.03 feet(Area 7);
4. 121' 38' 140.78 feet (Area 7);
5. 32' 18' 135.76 feet(Area 7);
6. 119' 09, 60.09 feet(Area 7);
7. 211' 58' 06" 103.18 feet(Area 7);
8. 192' 52' 464.52 feet(Areas 7 and 4);
-10-
9. 281' 10' 20" 282.26 feet along Lot 177-B, Ld. Ct. App.
1120 (Map 35) to the point of
beginning and containing an area of
2.943 acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with.Section 25-2-44,Hawai`i County Code 1983 (2005
Edition), the County Council .finds the following conditions are:
Necessary to prevent circumstances which may be adverse to the public health, safety
and welfare; or
(1) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with.respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use,or "
(B) Fulfillment of the need for public service demands created by the
proposed use.
A. The applicant,its successors or assigns shall be responsible for complying with all
stated conditions of approval.
B. The required water commitment payment shall be submitted to the Department of
Water Supply in accordance with its"Water Commitment Guidelines Policy"
prior to final subdivision approval. The applicant shall make any improvements
required by the.Department of Water Supply.
C. Final Subdivision Approval of the proposed subdivision shall be secured from the
Planning Director within five(5)years from the effective date of this ordinance.
D. Access to the project site from the Akoni Pule Highway shall meet with the
approval of the State Department of Transportation.
-11-
E. All development generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties. A drainage study shall be prepared by a
licensed civil engineer and submitted to the Department of Public Works prior to
issuance of a construction permit. Any recommended drainage improvements, if
required, shall be constructed meeting with the approval of the Department of
Public Works prior to receipt of Final Subdivision Approval.
F. A National Pollutant Discharge Elimination System (NPDES)permit and an
Underground.Injection Control.(UIC)permit, if required, shall be secured from
the State Department of Health before the commencement of construction
activities.
G. A Solid Waste Management.Plan shall be submitted to the Department of
Environmental Management for review and approval prior to the issuance of Final
Subdivision Approval.
H. Should any remains of historic sites, such as rock walls,terraces,platforms,
marine shell concentrations or human burials be encountered,work in the
immediate area shall cease and the Department of Land and Natural Resource-
State Historic Preservation Division(DLNR-SHPD)shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
DLNR-SHPD when it finds that sufficient mitigation measures have been taken.
I. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the property with respect to parks and recreation, fire,police,
solid waste disposal facilities and roads. The fair share contribution shall be
initially based on the representations contained within the change of zone
application and may be increased or reduced proportionally if the unit counts are
-12-
adjusted. The fair share contribution shall become due and payable prior to
receipt of Final Subdivision Approval or within five years from the effective date
of this change of zone ordinance,whichever occurs first. The fair share
contribution for each unit shall be based on the number of units developed. The
applicant shall be exempt from£air share requirements for all units sold or rented
to households earning less than 80% of the median family income. The fair share
contribution in a form of cash., laird, facilities or any combination thereof shall be
determined by the County Council. The fair share contribution may be adjusted
annually beginning three years after the effective date of this ordinance,based on
the percentage change in the Honolulu Consumer Price Index (HCPI). The fair
share contribution shall have a maximum combined value of$12,059.55 per
single family residential unit. The applicant shall be required to submit
information regarding the amount of units sold or rented to households earning
more than 80%of the median family income to calculate the total amount of fair
share contribution owed by the applicant.
The fair share contribution per single family residential unit shall be allocated as
follows:
1. $5,815.33 per single family residential unit to the County to support park
and recreational improvements and facilities;
2. $280.53 per single family residential unit to the County to support police
facilities;
3. $554.09 per single family residential unit to the County to support-fire
facilities;
-13-
4. $242.59 per single family residential unit to the County to support solid
waste facilities; and
5. $5,167.02 per single.fam.ily residential unit to the County to support road
and traffic improvements.
In lieu of paying the fair share contribution, the applicant may contribute land
and/or construct improvements/facilities related to parks and recreation, fire,
police, solid waste disposal facilities and roads within the region impacted by the
proposed development,subject to the review and recommendation of the Planning
Director,upon consultation with the appropriate agencies and approval of the
County Council.
J. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exaction or the assessment of impact fees,conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
K. To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented,the applicant shall comply with the requirements of Chapter 11,
Article 1,Hawai`i County Code relating to Affordable Housing Policy. This
requirement shall be approved by the Administrator of the Office of Housing and
Community Development prior to Final Subdivision Approval.
L. The applicant shall comply with all applicable County, State and Federal laws,
rules,regulations and requirements.
M. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Director upon the following circumstances:
-14-
r
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns,
and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension shall be for a period not to exceed the period originally
granted for performance(i.e., a condition to be performed within one year
may be extended for up to one additional year).
5. If the applicant should require an additional extension of time,the
Planning Director shall submit the applicant's request to the County
Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
fashion,the Planning Director may initiate rezoning of the area to its original or more
appropriate designation.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
-15-
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI`I
Hilo , Hawai`i
Date of Introduction: September 21, 2010
Date of Ist Reading: September 21, 2010
Date of 2nd Reading: October 6, 2010
Effective Date: October 22, 2010
ALFEP,ENCEs Cana 888
-16-
r I �
y
A-20a
f AREA 4
i AGRICULTURAL-TWENTY ACRES(A-20a), A-20a
-. TO SINGLE-FAMILY RESIDENTIAL-10,000 ' A-20a
SQ.FT(RS-10)
6.191 ACRES
15,21D.OT N
7.003.85'E A-20a
'U O NALE" AREA 8
A-20a AGRICULTURAL-TWENTY ACRES
(A-20a)TO OPEN
2.943 ACRES
AREA 5
AGRICULTURAL-TWENTY ACRES(A-20a), _ 75,035.39'N
TO SINGLE-FAMILY RESIDENTIAL-7,500 _ 7,BB829'E A-20a
SQ.FT IRS-7.5j Area"6: '1'U'U O NALE"
1.805 ACRES
14$08 9d N `•�
14.722.02'N }8T E r A'Yalf 8
6.892,5dE ,JUl3N y t A-20a
'TPU'U 0 NALE' j
A-20a Ase g AREA 7
AGRICULTURAL-TWENTY ACRES(A-20a),
AREA 1 ' TO SINGLE-FAMILY RESIDENTIAL-15,000
AGRICULTURAL-TWENTY ACRES %c SQ.FT(RS-15)
4,741 ACRES
(A-20a)TO OPEN
0.530 ACRES a $Krea 7
Atea 3 14,509.63'N
a " 7,956.50'
AREA? 'PU'U O NALE
SINGLE-FAMILYR.ESIDENTIAL-
0a P5-15r �� 15
7,500 SQ.FT(RS-7.5)TO OPEN
0.397ACRES - .5
AREA P5-7.5
SINGLE-FAMILY RESIDENTIAL-7,500 _ AREA 6
SQ.FT(RS-7.5),TO SINGLE-FAMILY SINGLE-FAMILY RESIDENTIAL-7,50D
RESIDENTIAL 0.SQ.FT(RS-10) SQ.FT(RS-7.5),TO SINGLE-FAMILY
0.990 ACRES RESIDENTIAL-15,000 SQ.FT(RS-15)
0.783 ACRES
11
R5-15
5
AKONI PUL N1G��wAY �. A-20a A-20a ❑
A2 a
N A-20a
A-20a A-5a A-5a
L A-5a K5-15
Feet
0 500 1,000 1,500 2,000
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-7(NORTH AND SOUTH KOHALA ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAVI COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL-TWENTY ACRES (A-20a)AND SINGLE-FAMILY RESIDENTIAL-7,500 SQ.FT(RS-7.5),
TO SINGLE-FAMILY RESIDENTIAL-15,000 SQUARE FEET(RS-15),
SINGLE-FAMILY RESIDENTIAL- 10,000 SQUARE FEET (RS-10),
SINGLE-FAMILY RESIDENTIAL-7,500 SQUARE FEET(RS-7.5), AND OPEN.
AT PAHOA, NORTH KOHALA DISTRICT, HAWAH
MAP PREPARED BY:
COUNTY OF HAWAI`I, PLANNING DEPARTMENT
-01 o i n DATE:Dec.01,2009
EXHIBIT"A„ Hawaii Island Community Devel.Corp.(HICDC)
neap 19AR
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo. Hawaii
Introduced By: Donald Ikeda ROLL CALL VOTE
Date Introduced: September 21 2010 --
, EX
First Reading: September 21, 2010 T_
I.nriques ( X
Published: September 30, 2010 Ford ;;,_;:,.,
Greenwell 1 X
REMARKS:
Hoffmann X
Ikeda X
---- — Naeole-Beason x i j
.._.........._ _.-.._._._ _ Onishi X
plyYagong _ x --
,
oshimoto -- X —'
Second Reading,: October 6, 2010 9 0 0 — 0
To Mayor: October 14, 2010
Returned: October 22, 2010
ROLL CALL VOTE
Effective: October 22, 2010 AYES NOES ABS EX
Published: November 1, 2010 Enriques X
Ford X
RE419RKS: Greenwell X
}loiimann s x
Ikeda X �—
_._.__ Naeoie-Beason X --- ----
Onishi X
Yagong X
Yoshimoto i x _.._._._
7 0 2 0�
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicerted above.
APPROVED AS TO ,..n(-� H.4
FO AND LEGA TY: _..CUlR�/A;V
D PU YCORPORATION COUNSEL
-COU47Y OF HAWAI'I .
Date
OCT 2 0 2010 COUNTY CLERK
Bill No.:
274
C-888/PC-91
.4pprone t('I appt rned this ? __--ctcn Reference: n --- .._................
Ord No.: 10 101
o , 'L 70
MAYOR, COUNTY01-'HAWA1'I
Mitchell D. Roth oJNtvfec h�kq Zendo Kern
ol
Mayor ��J�b�t,. Director
Lee E.Lord Jeffrey W.Darrow
Managing Director Deputy Director
,T!OF•M/�
West Hawai'i Office East Hawaii Office
74-5044 Ane Keohokalole Hwy 101 Pauahi Street,Suite 3
Kailua-Kona,Hawaii 96740 County of Hawai i Hilo,Hawaii 96720
Phone(808)323-4770 Phone(808)961-8288
Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742
November 15, 2023
Mr. Keith Kato, Executive Director
Hawaii Island Community Development Corporation
100 Pauahi Street, Suite 201
Hilo, HI 96720
E-mail: keith.hicdc(apgtnail.com
Dear Keith:
SUBJECT: Application: SUBDIVISION VARIANCE I PL-SVAR-2023-000040
Applicant: HAWAI`I ISLAND COMMUNITY DEVELOPMENT
CORPORATION/KEITH KATO
Owners: HAWAI`I ISLAND COMMUNITY DEVELOPMENT
CORPORATION
Request: Variance from Chapter 23, Subdivisions,Article 3, Division 4,
Street Design, Section 23-41, Minimum Right-of-Way, and
Pavement Widths; Reduced curb height of five inches in lieu
of six inches and asphalt pavement thickness of two inches in
lieu of three inches.
Tax Map Key: (3) 5-5-019:025 and 27 (PL-SUB-2023-000199)
Upon review of your variance application, the Planning Director certifies the approval of
Variance PL-SVAR-2023-000040 subject to variance conditions. The variance grants relief for
subdivision PL-SUB-2023-000199 from constructing minimum County dedicable roadway
improvements as required by Hawaii County Code (HCC), Chapter 23 (Subdivisions).
The variance is from the proposed subdivision's minimum requirements pursuant to HCC,
Chapter 23 (Subdivisions), Article 3, Division 4, Street Design, Section 23-41, Minimum Right-
of-way (r-o-w) and Pavement Widths, Reduced curb height of five (5) inches in lieu of six (6)
inches and asphalt pavement thickness of two (2) inches in lieu of three (3) inches.
Planning Dept.
Exhibit 2
wNNw.planning.hawaiicounty.eov Hawaii County is an Equal Opportunily,Provider and Employer planningLdhawaiicounty_gov
Mr. Keith Kato, Executive Director
Hawaii Island Community Development Corporation
PL-SVAR-2023-000040
Approval Letter
November 15, 2023
Page 2
BACKGROUND
1. Location. The subject property contains approximately 18,301 acres and is situated in
Pahoa,North Kohala, Island of Hawaii.
2. County Zoning. Single-Family Residential-7,500 sq. ft. (RS-7.5); Single-Family
Residential-10,000 sq. ft. (RS-10); Single-Family Residential-15,000 sq. ft. (RS-15) and
Open (0).
3. State Land Use. Urban (U).
4. General Plan. Land Use Pattern Allocation Guide (LUPAG) map designates the property
as Low Density Urban(ldu).
5. Subdivision Code Requirements. Hawaii County Code,Chapter 23, Subdivisions requires
that subdivisions in the RS-7.5 and RS-10 zoning district be served by minimum right-of-
way and paving widths of 50-feet and 20-feet, respectively, and full right-of-way
improvement to include paved shoulders and swales.
6. Subdivision Request/PPM. Subdivision application PL-SUB-2023-000199 was submitted
to subdivide the subject property. Action on the subdivision application has been deferred
pursuant to letter of road improvement requirements dated October 20, 2023, in the
subdivision file.
7. Variance Application. The variance request from roadway improvements was
acknowledged by Planning Department letter dated September 26, 2023. This variance
application includes background history and circumstances and information regarding the
pending subdivision application.
8. Variance Application (PL-SVAR-2023-000040) Agency Comments and Requirements.
a. Department of Public Works—Engineering Division(DPW): See attached memorandum
dated October 23, 2023. (Exhibit A)
9. Notice to Surrounding Owners/Posted Sign. The applicant submitted evidence, dated
October 5, 2023, regarding the posting of a public notification sign on the subject property
pursuant to Section 23-17(c) of the Hawaii County Code (HCC). Pictures of the posted sign
were also submitted. Evidence submitted on October 2, 2023, also indicates that a notice of
the application was sent to the surrounding property owners as required by Section 23-17(a).
Mr. Keith Kato, Executive Director
Hawaii Island Community Development Corporation
PL-SVAR-2023-000040
Approval Letter
November 15, 2023
Page 3
10. Comments from Surrounding Property Owners or Public. There were no comments
received from any neighbors or the public.
ANALYSIS OF GROUNDS FOR ROADWAY VARIANCE
No roadway variance will be granted unless it is found that:
(a) There are special or unusual circumstances applying to the subject real property which
exist either to a degree which deprives the owner or applicant of substantial property rights
that would otherwise be available or to a degree which obviously interferes with the best
use or manner of development of that property.
The Roadway Variance application meets criterion (a) for the following reasons(s):
The subdividers are requesting a variance to allow for the development of the proposed 33
lots,which will consist of 32- 10,000+square foot parcels and one remnant parcel consisting
of 8.1 acres. The variance from Chapter 23, Subdivisions, Article 3, Division 4, Street Design,
Section 23-41, Minimum Right-of-Way, and Pavement Widths; Reduced curb height of five
inches in lieu of six inches and asphalt pavement thickness of two inches in lieu of three inches.
The applicant has stated in its background report in part: "The topography of the site includes
steep drop offs on the east side and west sides of the property. To get the maximum numher
of'lots with 10,000 square feet minimum lot sizes requires that four rows of lots and two
right-of-ways he fitted into the area between slopes. The two outside rows of lots along the
drop offs have minimum depths required to create lots with sufficient level area suitable fbr
self-'help housing. If the full 50 foot right-of=way were to he used this would result in a loss
of 16 feet from the two middle rows of lots."
Therefore, given the existing topography it is maintained that there are special and unusual
circumstances applying to the subject property which exist to a degree where denial of this
variance would deprive the owner's substantial property rights that would otherwise be
available and would obviously interfere with the best use or manner of development of the
subject property.
(b) There are no other reasonable alternatives that would resolve the difficulty.
The Roadway Variance application meets criterion (b) for the following reasons(s):
As the applicant has stated there could be other alternatives, however the denial of this
variance would reduce the number of lots within this low-cost self-help housing project.
Therefore, requiring the applicant to construct roadway improvements to the County of
Mr. Keith Kato, Executive Director
Hawaii Island Community Development Corporation
PL-SVAR-2023-000040
Approval Letter
November 15, 2023
Page 4
Hawaii Subdivision Code (Chapter 23) standards is not a reasonable alternative.
The applicant proposes to utilize the same Minimum Right-of-Way (r-o-w) and Pavement
Widths and asphalt pavement thickness approved by the County of Hawaii in increments I
and II. The applicant also stated that the six-inch curb height requirement for a level sidewalk
and the two (2) foot driveway approach causes some vehicles to bottom out when crossing
this section. This proposal seeks to eliminate this situation. The applicant also pointed out
that that the five-inch height is the same as the county's rolled curb situation.
Therefore, as stated earlier the alternative of following the code requirements is not a viable
option.
(c) The variance will he consistent with the general purpose of the district, the intent and
purpose of this chapter,and the County general plan and will not he materially detrimental
to the puhlic welfare or cause suhstantial, adverse impact to an area's character or to
adjoining properties.
The Roadway Variance application meets criterion (c) for the following reasons(s):
Chapter 23, Subdivisions, specifically, Section 23-14, permits and provides the Planning
Director with general authority to grant variances from Chapter 23.
The intent and purpose of road/access requirements to a proposed subdivision is to ensure
legal and physical access to the proposed lots that are clearly defined and accessible from a
public road by domestic and farm vehicles, police, fire, and other service vehicles under
various weather conditions without constant maintenance. Further intent of requiring full
improvements within the rights-of-way is to minimize the cost of its maintenance by the
County of Hawaii.
The roadway improvements and asphalt thickness are consistent with those roadway
improvements approved by the County of Hawaii in Phase I and Phase lI of the Kumukoa
Affordable Housing Project.
Given the circumstances cited in the applicant's background report and evaluation of the
request to construct significant roadway improvements, the Planning Department has
concluded that roadway improvements required for proposed 33-lot subdivision, stipulated
in Chapter 23, Subdivisions, are not necessary and can be remedied with this variance
approval with conditions.
The proposed affordable housing project is consistent with the General Plan Land Use and
Housing foals and policies by providing a diversity of housing choices to meet a range of
Mr. Keith Kato, Executive Director
Hawaii Island Community Development Corporation
PL-SVAR-2023-000040
Approval Letter
November 15, 2023
Page 5
housing needs and designing in accordance with the environment.
Based on the foregoing findings, this variance request would be consistent with the general
purpose of the zoning district and the intents and purposes of the Zoning Code, Subdivision
Code, and the County General Plan. Furthermore, it is felt that the applicant's request for
variance from dedicable roadway improvements will not be materially detrimental to the
public's welfare and does not cause substantial adverse impact to the area's character and to
adjoining properties.
DETERMINATION-VARIANCE CONDITIONS
The variance to permit the proposed thirty-three (33) lot subdivision of the subject property
without providing a County dedicable roadway, and in lieu, utilizing a privately owned non-
dedicable road is hereby approved subject to the following variance conditions:
1. The applicant, owners, their assigns, or successors shall be responsible for complying with
all stated conditions of approval.
2. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the
imposition of exactions or the assessment of impact fees, conditions included herein shall be
credited towards the requirements of the Unified Impact Fees Ordinance.
3. The subdivider and all grantees, successors, and assigns acknowledge that the parcels were
created by a variance from the normal subdivision requirements of Hawaii County, and that
there are no longer any special or unusual circumstances applying to the property, and hence,
no grounds exist or will exist for another variance from the Subdivision Code to permit
further subdivision of the subdivided properties.
5. Upon written demand of the County of Hawaii, the applicant and/or owners, their assigns,
or successors shall agree to participate and pay their fair share percentage of any
improvement district adopted for the purpose of roadway improvements serving the proposed
lots. Should the improvement district require acquisition of any privately owned right-of-
ways fronting the lots, such right-of-ways shall be dedicated to the County without cost and
the value of the dedication credited to the fair share contribution of the respective lot
owner(s).
6. No condominium property regime will be allowed, nor will an `Ghana Dwelling Unit be
permitted or allowed. This restriction shall be recorded with each deed recorded at the
Bureau of Conveyance and a copy of the deed provided to the Planning Department for our
files.
Mr. Keith Kato, Executive Director
Hawaii Island Community Development Corporation
PL-SVAR-2023-000040
Approval Letter
November 15, 2023
Page 6
7. The pending subdivision application's (PL-SUB-2023-000199) final plat map shall meet all
the requirements of the Hawaii County Zoning Code and the Subdivision Code that are not
covered by this variance.
8. The subdivider,owner(s),their assigns,or successors shall pay any outstanding real property
taxes and comply with all other applicable State statutes and County ordinances pertaining
to building improvements and land use.
Should any of the foregoing conditions not be complied with, the Planning Director may proceed
to declare this Variance Permit null and void.
Sincerely,
ze,40 lWw
Zendo Kern(Nov 17,2023 12:57 HST)
ZENDO KERN
Planning Director
LHN:ta
\\coh01\p1anning\pubhc\Admin Permits Division\Vaiiance\2023\PL-SVAR-2023-000040 HICDC-Kato\APVL.docx
Encls.: Agency Comments, Exhibits A
xc: DPW
HFD
DOH
DWS
PL-SUB-2023-000199
Alan Gunn, GIS Section (via email)
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE: October 23, 2023
X&NOW044aw
TO: PLANNING DEPARTMENT
dd
FROM: DEPARTMENT OF PUBLIC WORKS
SUBJECT : VARIANCE APPLICATION (PL-SVAR-2023-000040)
Applicant: HAWAII ISLAND COMMUNITY DEVELOPMENT
CORPORATIONXEITH KATO
Owners: HAWAII ISLAND COMMUNITY DEVELOPMENT
CORPORATION
Request: Variance from Chapter 23, Subdivisions, Article 3, Division 4,
Street Design, Section 23-41, Minimum Right-of-Way and
Pavement Widths; Reduced curb height and asphalt pavement
thickness.
TMK: 5-5-019:025 and 27
Reference: PL-SUB-2023-000199
We have reviewed the subject application received on September 29, 2023 and offer the
following comment:
We believe the minimum road improvement requirements codified within Chapter 23 of the
Hawaii County Code provide public welfare and safety.
However, should the Planning Director determine that Section 23-15 is applicable, we defer to
the director's authority.
Should there be any questions concerning this matter,please contact Robyn Matsumoto in our
Engineering Division at 961-8924.
RM
EXHIBIT A
Of W A'PER SL
F DEPARTMENT OF WATER SUPPLi- C6lJN'Y OAAWAVl
` of AN;A, n* 345 KEKUANAO'A STREET TELEPHONE (808) 961-80I50 ?TE OFRXlTtgl
November 30, 2023
TO: Mr. Zendo Kern, Director
Planning Department
FROM: Keith K. Okamoto, Manager-Chief Engineer
SUBJECT: Preliminary Plat Map and Defer Action
Subdivider: Hawaii Island Community Development Corporation
"Kumakua Affordable Housing, Phase III"
Tax Map Key (3) 5-5-019:025 and 027 (PL-SUB-2023-000199)
We have reviewed the subject application and have the following comments and conditions.
Please be informed that the applicant had a water commitment for 22 additional units of water
remaining from the Planned Unit Development Application (PUD 06-000005), which expired on
October 31, 2020. There are two (2) units of water designated to Parcel No. 25 from Phase I1.
The Department will provide a water commitment for nine (9) additional units of water for the project
due to the affordable housing nature of the development.
To effect a water commitment time extension until October 31, 2024, the applicant shall remit a water
commitment deposit as soon as possible, as shown below:
WATER COMMITMENT DEPOSIT (WCD):
22 additional unit(s) at $150.00/unit, 4 years $13,200.00
9 additional unit(s) at $150.00/unit, I year $1 350.00
WC Deposit $14,550.00
Otherwise, the water commitment for the proposed development will no longer be in effect and the
total water commitment deposit to date will be forfeited. If forfeited, water availability may be subject
to change without notice, depending on prevailing conditions.
For the applicant's information, final subdivision approval will be subject to compliance with the
following requirements:
Planning Dep;.
Exhibit 3 Water, Our91lost Precious 12esource . . . Ka vilai,4 Kffne . . .
The Department of Water Supply rs an Equal Opportunity provider and employer.
Mr. Zendo Kern, Director
Page 2
November 30, 2023
1. Construct necessary water system improvements, which shall include, but not be limited to:
a. water mains capable of delivering water at adequate pressure and volume under
peak-flow and fire-flow conditions; minimum diameter of mains shall be 8 inches,
b. service laterals that will accommodate 5/8-inch meter to each lot,
C. fire hydrants spaced no more than 600 feet apart and within 300 feet of the driveway or
access for each lot. On dead-end streets, the last fire hydrant shall be located at one-half
the distance from the last house, or unit, fronting the property line, or to the driveway or
access for the property, and
d. subject to other agencies' requirements to construct improvements within the road
right-of-way fronting the property affected by the proposed development, the applicant
shall be responsible for the relocation and adjustment of the Department's affected
water system facilities, should they be necessary.
Submit construction plans and design calculations prepared by a professional engineer,
registered in the State of Hawaii, for review and approval.
2. Remit the prevailing facilities charge, which is subject to change, as shown below:
FACILITIES CHARGE (FC):
2 units of water from previous subdivision 0.00
31 additional units na, $6,095.00/unit $188 945 00
Total FC $188,945.00
This is due and payable upon completion of the installation of the required water system
improvements and prior to final subdivision approval being granted.
For your information, water commitment deposits are credited towards the final facilities
charge requirement for the development. Note that the amount of water commitment deposit
may exceed the prevailing facilities charge amount; for example, when requests for time
extensions continue and are approved. Until the development is finally completed, these are
separate and unrelated items. In the event that water commitment deposits exceed the facilities
charge,no refunds are applicable.
3. Submit the appropriate documents,properly prepared and executed, to convey the water system
improvements and necessary easements to the Water Board of the County of Hawaii prior to
final subdivision approval being granted. A registered land surveyor shall stamp and certify the
metes and bounds description within the conveyance documents. However, prior to water
meter services being granted to the development, or any lots within, the conveyance documents
shall be accepted by the Water Board.
Mr. Zendo Kern, Director
Page 3
November 30, 2023
Should there be any questions,please contact Mr. Ryan Quitoriano of our Water Resources and
Planning Branch at(808) 961-8070,extension 256.
Sincerely yours,
1(ti ',kA4
Keith K. Okamoto, P.E.
Manager-Chief Engineer
RQ:dfg
copy—Hawai`i Island Community Development Corporation
Rommel Ofalsa, LPLS, Sam O. Hirota, Inc.
OF W AT&8 S
4'��l.
ls1 ias
'* DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAVI
345 KEKUANAO`ASTREET, SUITE 20 HILO, HAWAI`I 96720
TELEPHONE(808)961-8050 • FAX(808)961-8657
February 5, 2024
Mr. Keith Kato
Hawaii Island Community Development Corporation
100 Pauahi Street, Suite 201
Hilo,HI 96720
Dear Mr. Kato:
Subject: Water Commitment Time Extension for PL-SUB-2023-000199
"Kumakua Affordable Housing,Phase III"
Tax Map Key (3) 5-5-019:025 and 027
This is to acknowledge receipt of the required$14,550.00 water commitment deposit for the subject
application.
Pursuant to Rule 5 of the Department's Rules and Regulations, a water commitment time extension for
the proposed development in the amount of 12,400 gallons per day, or 31 additional units of water at
an average of 400 gallons per day,per unit, is hereby granted until October 31, 2024, with the
following conditions:
1. Construct necessary water system improvements, which shall include,but not be limited to:
a. water mains capable of delivering water at adequate pressure and volume under
peak-flow and fire-flow conditions; minimum diameter of mains shall be 8 inches,
b. service laterals that will accommodate 5/8-inch meter to each lot,
C. fire hydrants spaced no more than 600 feet apart and within 300 feet of the driveway or
access for each lot. On dead-end streets,the last fire hydrant shall be located at one-half
the distance from the last house, or unit, fronting the property line, or to the driveway or
access for the property, and
d. subject to other agencies' requirements to construct improvements within the road
right-of-way fronting the property affected by the proposed development,the applicant
shall be responsible for the relocation and adjustment of the Department's affected
water system facilities, should they be necessary.
Planning D e p;. . . . dater, Our Wost Precious resource. . . Xa `iNai A Xane. . .
Exhibit 3 The Department of Water Supply is an Equal Opportunity provider and employer.
Mr. Keith Kato
Page 2
February 5, 2024
Submit construction plans and design calculations prepared by a professional engineer,
registered in the State of Hawaii, for review and approval.
2. Remit the prevailing facilities charge,which is subject to change,as shown below:
FACILITIES CHARGE (FC):
2 units of water from previous subdivision $0.00
31 additional units & $6,095.00/unit $188,945.00
Total FC $188,945.00
WATER COMMITMENT DEPOSIT CREDIT (WCD):
22 additional units @ $150.00/unit,paid 16 times ($52,800.00)
9 additional units& $150.00/unit,paid once ($1,350.00),
Total FC $134,795.00
These are due and payable upon completion of the installation of the required water system
improvements and prior to final subdivision approval being granted.
For your information,water commitment deposits are credited towards the final facilities
charge requirement for the development. Note that the amount of water commitment deposit
may exceed the prevailing facilities charge amount; for example, when requests for time
extensions continue and are approved. Until the development is finally completed,these are
separate and unrelated items. In the event that water commitment deposits exceed the facilities
charge, no refunds are applicable.
3. Submit the appropriate documents, properly prepared and executed,to convey the water system
improvements and necessary easements to the Water Board of the County of Hawaii prior to
final subdivision approval being granted. A registered land surveyor shall stamp and certify the
metes and bounds description within the conveyance documents. However,prior to water
meter services being granted to the development, or any lots within,the conveyance documents
shall be accepted by the Water Board.
4. Comply with all other applicable policies and requirements of the Department's Rules and
Regulations. Noncompliance may be cause for voiding this water commitment, at which time
availability will be subject to change in accordancewith prevailing water system conditions,
policies, and Rules and Regulations.
Mr. Keith Kato
Page 3
February 5, 2024
Should there be any questions,please contact Mr. Ryan Quitoriano of our Water Resources and
Planning Branch at(808) 961-8070, extension 256.
Sincerely yours,
�V
Keith K. Okamoto,P.E.
Manager-Chief Engineer
RQ:dfg
copy—Planning Department
Sam O. Hirota, Inc.
J��VOi N�
Mitchell D.Roth ' ' b � Ramzi I.Mansour
4. Director
Mayor
Lee Lord Brenda Iokepa-Moses
Managing Director
Deputy Director
County of Hawaii
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekuando`a Street,Suite 41 •Hilo,Hawaii 96720 • cohdem@hawaiicounty.gov
Ph: (808)961-8083 •Fax: (808)961-8086
MEMORANDUM
TO: Zendo Kern, Director
Planning Department
FROM: Ramzi I. Mansour, Director
Department of Environmental Management
��r
DATE: December 6, 2023
SUBJECT: Change of Zone Amendment Application No. PL-REZ-2023-000054
Amendment to Change of Zone Ordinance No. 10-101 (REZ-09-000112)
Applicant: Hawaii Island Community Development Corporation(HICDC)
Request: Amendment for a 5-Year Time Extension to Condition C
(Final Subdivision Approval)
Tax Map Key: (3) 5-5-019:025 and 027, North Kohala, Hawaii
The Solid Waste Division has reviewed the subject application and provides the following
comments (contact the Solid Waste Division for details):
• Commercial operations, State and Federal agencies, religious entities and non-profit
organizations may not use transfer stations for disposal.
• Aggregates and any other construction/demolition waste should be responsibly reused to
its fullest extent.
• Ample room should be provided for rubbish and recycling.
• Green waste may be transported to the green waste sites located at the West Hawaii
Organics Facility and East Hawaii Organics Facility, or other suitable diversion
programs.
• Construction and demolition waste is prohibited at all County Transfer Stations.
• Submit Solid Waste Management Plan in accordance with attached guidelines.
The Wastewater Division has reviewed the subject application and provides the following
comments (contact the Wastewater Division for details):
• No County sewer system in area. Applicant shall follow Hawaii Department of Health,
and all other applicable federal, state, and county regulations.
Planning Dept.
County of Hawai'i is an Equal Opportunity Provider and Employer
Exhibit 4
' '�� y '� Ramzi I.Mansour
Mitchell D.Roth
Director
Mayor
Lee Lord � i �;��` Brenda Iokepa-Moses
+o►N�Managing Director Deputy Director
County of Hawaii
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekuanao`a Street,Suite 41 ,Hilo,Hawai'i 96720-cohdem@hawaiicounty.gov
Ph: (808)961-8083-Fax;(808)961-8086
May 5, 2023
SOLID WASTE MANAGEMENT PLAN
Guidelines
INTENT AND PURPOSE
This is to establish guidelines for reviewing Solid Waste Management Plans, for which special
conditions are placed on developments. The Solid Waste Management Plan will be used to (1)
promote and implement recycling and recycling programs; (2)predict the waste generated by the
proposed development to anticipate the impacts on County Solid Waste Management Facilities;
and(3)predict the additional vehicular traffic being generated because of waste and recycling
transfers. A State of Hawaii licensed engineer or architect shall prepare a suitable Solid Waste
Management Plan for review by the Department of Environmental Management,
REPORT
The Solid Waste Management Plan will contain the following:
1. Description of the project and the potential waste that may be generated: e.g., analysis of
anticipated waste volume and composition. This includes waste generated during the
construction and operation or maintenance phases. Waste types shall include(but not be
limited to):
A. Organics (including food waste and green wastes);
B. Construction and Demolition materials;
C. Paper(including cardboard);
D. Metal (including ferrous and non-ferrous metals);
E. Plastic;
F. Special(including ash, sludge,treated medical waste,bulky items, tires);
G. Hazardous (including paint,vehicle fluids, oil,batteries); and
H. Glass.
2. Indicate onsite source separation by waste type, e.g., source separation bins for glass,
metal,plastic, cardboard, aluminum, et cetera. Provide ample space for rubbish and
recycling.
3. Identification and location of the proposed waste reduction,waste re-use,recycling
facility or disposal site and associated transportation methods for the various components
of the development's waste management system, including the number of vehicle
Hawaii County is an Equal Opportunity Provider and Employer
2023 Solid Waste Management Plan Guidelines
Page 2 of 2
movements and associated routes that will be used to transport the waste and recycled
materials.
4. The report will include identification of any impacts to County-operated waste
management facilities, and the appropriate mitigation measures that will be implemented
by the development to minimize these impacts.
5. Analysis will be based on the highest potential use or zoning of the development.
REQUIREMENTS AND CONDITIONS
1. A Solid Waste Management Plan will be prepared for all developments including but not
limited to projects that are required to perform an EA, EIS, or Special Use Permit, as
defined under the policies of the Department of Environmental Management.
2. The Department of Environmental Management will require the developer to provide or
resolve all recommendations and mitigation measures as outlined in the solid waste
management plan,besides any conditions placed on the applicant herein.
3. A State of Hawaii licensed engineer or architect will draft and certify in writing the
Solid Waste Management Plan as complying with applicable Federal, State, and County
of Hawaii Solid Waste laws,regulations, and administrative rules.
Should you require additional information, please contact the Solid Waste Division at
swd@hawaiicounty.gov or at(808)961-8270.
CONCUR:
qrUenJ*da1o1ke&pa-..Woseks�
`
DEPUTY DIRECTOR
(For Rarnzi I. Mansour, DIRECTOR)
JOSH GREEN, M.D. o KENNETH S. FINK, M.D,MGA, MPH
q6.........�!4
GOVERNOR OF HAWAII �rf. e ss a`y DIRECTOR OF HEALTH
KE KIA'AINA O KA MOKU'AINA O HAWAI'I y,: KA LUNA HO'OKELE
=L
y.v ;xs
4Qq
...............off',
�'O.utraom
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
H I LO, HAWAII 96721-0916
MEMORANDUM
DATE: December 1, 2023
TO: Mr. Zendo Kern
Planning Director, County of Hawaii
FROM: Eric Honda
District Environmental Health Program Chief
SUBJECT: Change of Zone Amendment Application No. PL-REZ-2023-000054
Amendment to Change of Zone Ordinance No. 10-101 (REZ-09-000112)
Applicant: Hawaii Island Community Development Corporation (HICDC)
Request: Amendment for a 5-Year Time Extension to Condition C
(Final Subdivision Approval)
Tax Map Key: (3) 5-5-019:025 and 027, North Kohala, Hawaii
In most cases,the District Health Office will no longer provide individual comments to
agencies or project owners to expedite the land use review and process.
Agencies,project owners, and their agents should apply Department of Health"Standard
Comments"regarding land use to their standard project comments in their submittal.
Standard comments can be found on the Land Use Planning Review section of the
Department of Health website: https://health.hawaii.gov/epo/landuse/. Contact
information for each Branch/Office is available on that website.
Note: Agencies and project owners are responsible for adhering to all applicable
standard comments and obtaining proper and necessary permits before the
commencement of any work.
General summary comments have been included for your convenience. However, these
comments are not all-inclusive and do not substitute for review of and compliance with all
applicable standard comments for the various DOH individual programs.
Clean Air Branch
1. All project activities shall comply with the Hawaii Administrative Rules (HAR),
Planning Dept.
Exhibit 5
Zendo Kern
December 1, 2023
Page 2 of 4
Chapters 11-59 and 11-60.1.
2. Control of Fugitive Dust: You must reasonably control the generation of all
airborne, visible fugitive dust and comply with the fugitive dust provisions of
HAR §11-60.1-33. Note that activities that occur near existing residences,
businesses,public areas, and major thoroughfares exacerbate potential dust
concerns. It is recommended that a dust control management plan be developed
which identifies and mitigates all activities that may generate airborne and visible
fugitive dust and that buffer zones be established wherever possible.
3. Standard comments for the Clean Air Branch
are at: https://health.hawaii.gov/e/epo/landuse/
Clean Water Branch
1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55.
1. The following Clean Water Branch website contains
information for agencies and/or project owners who are
seeking comments regarding environmental compliance for
their projects with HAR, Chapters 11-53, 11-54, and 11-55:
hLtps:Hhealth.hawaii.gov/cwb/clean-water-branch-home-
page/cwb- standard-comments/.
Hazard Evaluation & Emergency Response Office
1. A Phase I Environmental Site Assessment(ESA) and Phase 11 Site Investigation
should be conducted for projects wherever current or former activities on site may
have resulted in releases of hazardous substances, including oil or chemicals.
Areas of concern include current and former industrial areas, harbors, airports,
and formerly and currently zoned agricultural lands used for growing sugar,
pineapple or other agricultural products.
2. Standard comments for the Hazard Evaluation & Emergency Response Office
are at: https://health.hawaii.gov/epo/landuse/.
Indoor and Radiological Health Branch
1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11-
502,
11-503, and 11-504.
2. Construction/Demolition Involving Asbestos: If the proposed project includes
renovation/demolition activities that may involve asbestos, the applicant should
contact the Asbestos and Lead Section of the Branch at
hLtps:Hhealth.hawaii.gov/irhb/asbestos/.
Safe Drinking Water Branch
1. Agencies and/or project owners are responsible for ensuring environmental
compliance for their projects in the areas of 1)Public Water Systems; 2)
Underground Injection Control; and 3) Groundwater and Source Water Protection
Zendo Kern
December 1, 2023
Page 3 of 4
in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11-
25. They may be responsible for fulfilling additional requirements related to the
Safe Drinking Water program: hgps:Hhealth.hawaii.gov/sdwb/.
2. Standard comments for the Safe Drinking Water Branch can be
found at: https:Hhealth.hawaii.gov/epo/landuse/.
Solid &Hazardous Waste Branch
1. Hazardous Waste Program - The state regulations for hazardous waste and used
oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the
identification, handling, transportation, storage, and disposal of regulated
hazardous waste and used oil.
2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters
339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282.
Generators and handlers of solid waste shall ensure proper recycling or disposal
at DOH-permitted solid waste management facilities. If possible,waste
prevention, reuse, and recycling are preferred options over disposal. The Office
of Solid Waste Management also oversees the electronic device recycling and
recovery law, the glass advanced disposal fee program, and the deposit beverage
container program.
3. Underground Storage Tank Program —The state regulations for underground
storage tanks are in HAR Chapter 11-280.1. These rules apply to the design,
operation, closure, and release response requirements for underground storage
tank systems, including unknown underground tanks identified during
construction.
4. Standard comments for the Solid&Hazardous Waste Branch can be
found at: h=s:Hhealth.hawaii.gov/epo/landuse/.
Wastewater Branch
For comments,please email the Wastewater Branch at.doh.wwbgdoh.hawaii.gov.
Sanitation/Local DOH Comments:
1. Noise may be generated during demolition and/or construction. The
applicable maximum permissible sound levels, as stated in Title 11, HAR,
Chapter 11-46, "Community Noise Control," shall not be exceeded unless a
noise permit is obtained from the Department of Health.
2. According to HAR §11-26-35, No person, firm, or corporation shall demolish or
clear any structure,place, or vacant lot without first ascertaining the presence or
absence of rodents that may endanger public health by dispersal from such
premises. Should any such inspection reveal the presence of rodents, the rodents
shall be eradicated before demolishing or clearing the structure, site, or vacant lot.
A demolition or land clearing permit is required prior to demolition or clearing.
Zendo Kern
December 1, 2023
Page 4 of 4
Other
1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit
recommends that state and county planning departments, developers,planners,
engineers, and other interested parties apply these principles when planning or
reviewing new developments or redevelopment projects.
2. If new information is found or changes are made to your submittal, DOH reserves
the right to implement appropriate environmental health restrictions as required.
Should there be any questions on this matter,please contact the Department of
Health, Hawaii District Health Office, at(808) 933-0917.
JOSH GREEN,M.D. EDWIN H.SNIFFEN
GOVERNOR -a•5a DIRECTOR
KE KIA'AINA KA LUNA HO'OKELE
Deputy Directors
Na Hope Luna Ho'okele
DREANALEE K.KALILI
TAMMY L.LEE
ROBIN K.SHISHIDO
STATE OF HAWAVI I KA MOKU`AINA'O HAWAVI IN REPLY REFER TO:
DEPARTMENT OF TRANSPORTATION I KA`OIHANA ALAKAU
869 PUNCHBOWL STREET STP 00352.23
HONOLULU, HAWAII 96813-5097
STP 8.3690
December 15, 2023
VIA EMAIL: planning@hawaiicounty.gov
Mr. Zendo Kern, Director
County of Hawaii
Planning Department
East Hawaii Office
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Dear Mr. Kern:
Subject: Change of Zone Amendment No. PL-REZ-2023-000054
Amendment to Change of Zone Ordinance No. 10-101 (REZ-09-000112)
Hawaii Island Community Development Corporation (HICDC)
Pahoa, North Kohala, Hawaii
Tax Map Key: (3) 5-5-019: 025 and 027
Thank you for your letter dated November 16,2023,requesting the Hawaii Department of
Transportation's (HDOT) review and comments on the subject Change of Zone Amendment. HDOT
understands HICDC is requesting a 5-year time extension to develop the Kumakua Self Help Subdivision
and obtain final subdivision approval.
HDOT has no objection to the time extension, however, has the following comments:
1. The proposed project is approximately 2.46 miles from the boundary of Upolu Airport. All
projects within 5 miles from Hawaii State airports are advised to read the Technical Assistance
Memorandum (TAM) for guidance with development and activities that may require further
review and permits. The TAM can be viewed at this link:
http://file s.hawaii.gov/dbedt/op/docs/TAM-FAA-DOT-Airports_08-01-2016.pdf.
2. Federal Aviation Administration (FAA)regulation requires the submittal of FAA Form 7460-1
Notice of Proposed Construction or Alteration pursuant to the Code of Federal Regulations, Title
14,Part 77.9, if the construction or alteration is within 20,000 feet of a public use or military
airport which exceeds a 100:1 surface from any point on the runway of each airport with its
longest runway more than 3,200 feet. Construction equipment and staging area heights, including
heights of temporary construction cranes, shall be included in the submittal. The form and
criteria for submittal can be found at the following website:
https:Hoeaaa.faa.gov/oeaaa/extemal/portalisp. Please provide a copy of the FAA response to the
Part 77 analysis to the HDOT Airport Planning Section.
Planning Dept.
Exhibit 6
Mr. Zendo Kern, Director STP 8.3690
December 15, 2023
Page 2
3. Due to the proximity to the airport, the developer should be aware of potential noise from aircraft
operations. There is also a potential for fumes, smoke,vibrations, odors, etc.,resulting from
occasional aircraft flight operations over or near the project location. These impacts may increase
or decrease over time and depending on airport operations.
4. The HDOT requires that the proposed development does not provide landscape and vegetation
that will create a wildlife attractant,which can potentially become a hazard to aircraft operations.
Please review the FAA Advisory Circular 150/5200-33C, Hazardous Wildlife Attractants On Or
Near Airports for guidance. If the development creates a wildlife attractant, the developer shall
immediately mitigate the hazard upon notification by the HDOT and/or FAA.
5. If a solar energy photovoltaic(PV) system is going to be installed,be aware that PV systems
located in or near the approach path of aircrafts can create a hazardous condition for pilots due to
possible glint and glare reflected from the PV panel array. If glint or glare from the PV array
creates a hazardous condition for pilots,the owner of the PV system shall be prepared to
immediately mitigate the hazard upon notification by the HDOT and/or FAA.
The FAA requires a glint and glare analysis for all solar energy PV systems near airports. The
www.sandia.gov/glare website has information and guidance with the preparation of a glint and
glare analysis. A separate FAA Form 7460-1 will be necessary for the solar energy PV system.
After the FAA determination of the Form 7460-1 glint and glare analysis, a copy shall be
provided to the HDOT by the owner of the solar energy PV system.
Solar energy PV systems have also been known to emit radio frequency
interference (RFI) to aviation-dedicated radio signals, thereby disrupting the reliability of
air-to-ground communications. Again,the owner of the solar energy PV system shall be prepared
to immediately mitigate the RFI hazard upon notification by the HDOT and/or FAA.
Please submit any subsequent land use entitlement-related requests for review or correspondence to the
HDOT Intake email address at DOT.LandUse@hawaii.gov.
If there are any questions,please contact Mr. Blayne Nikaido,Planner, Land Use Section of the HDOT
Statewide Transportation Planning Office at(808) 831-7979 or via email at
blayne.h.nikaido@hawaii.gov.
Sincerely
EDWIN H. SNIFFEN
Director of Transportation