HomeMy WebLinkAboutPD Background Report PL-REZ-2024-000060-1-
BJarneskiSLUREZ.AK.7.22.24 COUNTY OF HAWAI‘I PLANNING DEPARTMENT
BACKGROUND REPORT
KELVIN P. JARNESKI STATE LAND USE BOUNDARY AMENDMENT APPLICATION (PL-SLU-2024-000009) CHANGE OF ZONE APPLICATION (PL-REZ-2024-000060)
KELVIN P. JARNESKI has submitted applications for a State Land Use Boundary
Amendment from Agricultural to Rural for 1.997 acres of land and a Change of Zone from an
Agricultural-40 acre (A-40a) to a Residential Agricultural-0.5 acre (RA-.5a) zoning district for
1.997 acres of land. The subject property is located at 64-5208 Alanui ʻOhana Place, at the
southeast corner of its intersection with Māmalahoa Highway, Puʻukapu Homesteads, Waimea,
South Kohala, Hawai‘i, TMK: (3) 6-4-017:001.
PROPOSED ACTION
1. Applicant’s Request: The applicant is requesting a State Land Use Boundary
Amendment from Agricultural to Rural and a Change of Zone from A-40a to RA-.5a to
subdivide the subject, 1.977-acre property into two lots consisting of one-half (0.5) acre
and just less than one and one-half (1.5) acres in size. The State Land Use Rural district is
characterized by low density residential lots of not more than one dwelling per one-half
acre, in areas where “city-like” concentrations of people, structures, streets, and urban
level of services are absent, and where small farms are intermixed with low density
residential lots. A list of the variety of permitted land uses in the Rural district is shown
in Hawai‘i Revised Statutes, Section 205-2(c). (Planning Department Exhibit 1 – State
Land Use Rural District, HRS 205-2(c)) Similarly, according to the Zoning Code, the
purpose of the Residential and Agricultural (RA) zoning district is to provide for
activities or uses characterized by low density residential lots in rural areas where “city-
like” concentrations of people, structures, streets, and urban level of services are absent,
and where small farms are intermixed with low density residential lots. Requirements for
establishing a land use in the RA zoning district, including a list of the variety of
permitted land uses, are shown in Section 25-5-50 to 57 of the Zoning Code. (Planning
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Department Exhibit 2 - Zoning Code Requirements for Residential and Agricultural
District)
2. Purpose for the Requests: If the requested land use entitlement changes are approved,
the applicant proposes to immediately subdivide the property into two lots with the future
intention of subdividing a third lot and conveying one lot to a family member.
3. Construction Timetable and Cost: According to the applicant, a subdivision application
would be filed immediately after all land use entitlement approvals have been secured,
with little, if any, expected costs.
4. Landowner: Kelvin P. Jarneski
5. Supporting Information: The applicant has submitted the following in support of their
request. (Planning Department Exhibit 3 - State Land Use Boundary Amendment
Application and Change of Zone Application submitted on April 24, 2024)
BACKGROUND INFORMATION
6. Building Permits: According to County records, several building permits have been
issued for the property, as noted below:
• July 6, 2007: Issuance of building permit no. B2007-1626H for an alteration to
the existing agricultural storage shed. Finalized on July 11, 2007.
• November 20, 2006: Issuance of building permit no. B2006-2999H for an
addition to the existing kitchen, living room and garage. Finalized on September
9, 2011.
• December 23, 2004: Issuance of building permit no. B2004-2758 for an
alteration to the dwelling permitted under B2004-1554H. Finalized on October 9,
2007.
• August 11, 2004: Issuance of building permit no. B2004-1554H for the
construction of an efficiency dwelling with laundry room and garage. Finalized on
October 9, 2007.
• July 29, 2004: Issuance of building permit no. B2004-1368H for construction of
a 12-foot x 16-foot agricultural storage shed. Finalized on July 11, 1007.
• January 29, 2004: Issuance of building permit no. B2004-0086H to construct a
dwelling on the property. Department of Public Works (DPW) records indicate no
inspections were done and the permit expired on June 2, 2022, per DPW notice.
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7. Additional Farm Dwelling (AFD) Agreement: An AFD Agreement for the subject
property, issued on June 30, 2004, included a condition requiring the applicant to secure a
building permit for the additional farm dwelling within 2 years.
STATE AND COUNTY PLANS
8. State Land Use Designation: Agricultural (A).
9. County Zoning: Agricultural-40 acre (A-40a).
10. General Plan LUPAG Map: The General Plan Use Pattern Allocation Guide (LUPAG)
map classifies the subject property and the surrounding subdivision along with the Nani
Waimea and Kamuela Meadows Subdivisions as Rural (rur). This category includes
existing subdivisions in the State Land Use Agricultural district that have a significant
residential component. Typical lot sizes vary from eight-thousand three-hundred ninety-
eight (8,398) square feet to two (2) acres. These subdivisions may contain small farms,
wooded areas, and open fields as well as residences. Allowable uses with these areas,
with appropriate zoning, may include commercial facilities that serve the residential and
agricultural uses in the area, and community and public facilities.
11. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawai‘i lies
within the Coastal Zone Management Area.
12. Special Management Area (SMA): The Special Management Area is a part of the
Coastal Zone Management Program and is regulated by the County. The subject property
is not situated within the SMA and is located close to one and one-half (1.5) miles from
the nearest SMA boundary defined by the upper pali area of Waipiʻo Valley and about
five (5) miles from the nearest shoreline.
13. South Kohala Community Development Plan (CDP): The SKCDP was adopted by
Ordinance No. 08 159 on December 1, 2008. The subject property has no specific
designation depicted on the Waimea Town Conceptual Plan.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
14. Subject Property: The 1.997-acre subject property is roughly square in shape and is
improved with one existing single-family dwelling and related improvements. The
subject property also has extensive landscaping, yards, orchards, chicken coops and
structures related to its residential and agricultural uses. The property is in the Puʻukapu
Homesteads and borders Alanui ʻOhana Place on the east, which is privately maintained,
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and Māmalahoa Highway to the south. The property is fairly level with a very slight
slope in a northerly to southerly direction. According to the applicant, the site is
dominated by kikuya grass and ornamental plants and is used for the raising of chickens.
15. Surrounding Zoning/Land Uses: Surrounding lands are located within the State’s
Agricultural (A) Districts, and the County’s Agricultural (A-40a, A-10a, A-5a) zoned
districts. The parcels immediately surrounding the subject property are zoned A-40a. The
surrounding area includes a mix of agricultural and residential uses.
16. Agricultural Lands of Importance to the State of Hawaiʻi ALISH: Prime
Agricultural Lands.
17. Land Study Bureau’s Detailed Land Classification System: The soil condition within
the subject property is classified as Class C soil. Class C soil indicates soils with
moderate productivity, suitable for certain types of agriculture but with some limitations
compared to higher rated soils.
18. U.S.D.A. Soil Survey: The soil at the subject property is Honokaʻa highly organic
hydrous silty clay loam, with 0 to 10 percent slopes.
19. FEMA FIRM MAP: The subject parcel is in an area designated as Zone “X” on the
Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency
(FEMA). Zone “X” is an area determined to be outside the 500-year floodplain.
20. Flora/Fauna Resources: There were no professional surveys conducted of the floral or
faunal resources of the subject property, however, the applicant reports that dominant
plants on the property are Kikuya grass and ornamental plants. Animal species present
include common bird species such as the Spotted Dove, Japanese White-eye, House
Finch, Common Myna, as well as domestic cats, dogs and chickens.
21. Archaeological/Historic/Cultural Resources: No professional archaeological and
cultural study was conducted as the subject property has been impacted by development
associated with residential construction and agriculture. According to comments from
the State Department of Land and Natural Resources, State Historic Preservation
Division (SHPD), the project area has been impacted by residential and agricultural
development, no archaeological inventory survey has been conducted and no historic
properties have been identified previously in the project area. According to the applicant,
there are no known customary or Native Hawaiian cultural rights exercised within the
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subject property due to its current and historical use as a home site and its extensively
improved condition.
22. Public Access: There is no known public access to the mountain or shoreline that
traverses through the subject property.
23. Traffic: Section 25-2-46 (d) (1) of the concurrency provision requires a Traffic Impact
Analysis Report (TIAR) as part of any rezoning application in situations where the
projected use can generate 50 or more peak hour trips. Given the small scale of the
proposed subdivision, the project does not trigger the requirement for a TIAR.
UTILITIES AND SERVICES
24. Access: Access to the subject property is from Alanui ʻOhana Place, a privately owned
and maintained roadway that takes access from Māmalahoa Highway, a two-lane, paved
roadway with an approximate 40-foot-wide pavement within a 60-foot right-of-way in
this area. According to the Department of Public Works, Engineering Division (DPW),
the section of Māmalahoa Highway fronting the subject property was transferred from
County to State ownership and is now State-owned and maintained. Additionally, the
subject property currently has a 50-foot-wide powerline right-of-way located on the south
side of the property, in favor of Hilo Electric Light Co, Ltd.
25. Water: The Department of Water Supply (DWS) states that there are two existing water
services fronting the subject property and that water can be made available for the
proposed third lot. DWS notes that several improvements must be completed for
subdivision approval of a 3-lot subdivision, including installation of a new 6-inch water
line, installation of a fire hydrant, cutting and plugging the existing service lateral and
installation of a reduced pressure type backflow prevention assembly.
26. Wastewater: There is no municipal sewer system servicing the subject area. The
existing dwelling on the subject property is currently serviced by a cesspool that was
previously approved by the State Department of Health (DOH). Any future residential
construction will need to install an individual wastewater system meeting with the
approval of DOH.
27. Essential Utilities and Services: All essential utilities are available to the property. The
closest police and fire stations are located in Waimea, approximately 3.5 miles from the
subject property.
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AGENCIES’ COMMENTS
28. State Department of Health: (Planning Department Exhibit 4 –May 23, 2024
Memo).
29. State Office of Planning & Sustainable Development: (Planning Department Exhibit
5 –June 10, 2024 Memo).
30. State Department of Land and Natural Resources, State Historic Preservation
Division: (Planning Department Exhibit 6 –June 12, 2024 Memo).
31. Department of Environmental Management: (Planning Department Exhibit 7 –May
31, 2024 Memo).
32. Department of Public Works – Engineering Division: (Planning Department Exhibit
8 – June 10, 2024 Memo).
33. Department of Water Supply: (Planning Department Exhibit 9 –June 19, 2024
Memo).
AGENCIES - NO COMMENTS/OBJECTIONS
34. Police Department.
AGENCIES - NO RESPONSE
35. State Department of Transportation, State Land Use Commission, State Department of
Land and Natural Resources, State Department of Agriculture, Fire Department.
PUBLIC COMMENTS
36. No public comments have been received as of the date of the writing of this report.
APPLICANT’S RESPONSE TO COMMENTS:
37. The applicant has submitted a response letter to comments received from several
agencies: (Planning Department Exhibit 10 – July 13, 2024 Letter)
38. The applicant provided a response letter to comments from the Planning Department:
(Planning Department Exhibit 11 – July 30, 2024 Letter)
§ 25-5-49 HAWAI‘I COUNTY CODE
25-84
(c) Plan approval shall be required for all new buildings and additions to existing
buildings in the RCX district, except for construction of one single-family dwelling
and any accessory buildings per lot.
(d) Exceptions to the regulations for the RCX district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 7; am 2015,
ord 15-33, sec 4.)25-5-49
Division 5. RA, Residential and Agricultural Districts.
Section 25-5-50. Purpose and applicability.
The RA (residential and agricultural) district provides for activities or uses
characterized by low density residential lots in rural areas where “city-like”
concentrations of people, structures, streets, and urban level of services are absent, and
where small farms are intermixed with low density residential lots. The RA district is
intended to be only within areas designated as being in the State land use rural or
urban districts.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-50
Section 25-5-51. Designation of RA districts.
Each RA (residential and agricultural) district shall be designated on the zoning
map by the symbol “RA” followed by a number and the lower case letter “a” which
indicates the required or minimum number of acres for each building site. For example
RA-1a means a residential agricultural district with a minimum building site area of
one acre.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-51
Section 25-5-52. Permitted uses.
(a) The following uses shall be permitted in the RA district:
(1) Adult day care homes.
(2) Agricultural products processing, minor, provided that the site or buildings
used for such processing, shall be located at least seventy-five feet from any
street bounding the building site.
(3) Agricultural tourism as permitted under section 25-4-15.
(4) Animal hospitals.
(5) Aquaculture.
(6) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental
stations, arboretums, floriculture, and similar uses dealing with the growing
of plants.
(7) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of
this Code.
(8) Crop production.
(9) Dwelling, single-family, one per building site.
ZONING § 25-5-52
25-85
(10) Family child care homes.
(11) Group living facilities.
(12) Kennels, provided that the building site is a minimum of five acres in area and
the structures are located at least one hundred feet away from any lot line.
(13) Livestock production (excluding pigs), provided that:
(A) The requirements of the department of health are met;
(B) Approval of the director is obtained; and
(C) Any feed or water area, salt lick, corral, run, barn, shed, stable, house,
hutch, or other enclosure for the keeping of any permitted animal shall
be located at least seventy-five feet from any lot line.
(14) Parks, playgrounds, tennis courts, swimming pools, and other similar open
area recreational facilities.
(15) Public uses and structures, as permitted under section 25-4-11.
(16) Roadside stands for the sale of agricultural products grown on the premises.
(17) Stables, commercial or boarding, provided that the building site is a minimum
of five acres in area and the structures are located at least one hundred feet
away from any lot line.
(18) Utility substations, as permitted under section 25-4-11.
(19) Veterinary establishments.
(b) The following uses may be permitted in the RA district, provided that a use permit
is issued for each use:
(1) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses, provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the state land use agricultural district
unless approved by the County before July 1, 2005.
(2) Telecommunication antennas and towers.
(c) The following uses may be permitted in the RA district, provided that if a building
site is located within the State land use rural district, the following uses may be
permitted if a special permit is obtained for such use:
(1) Bed and breakfast establishments, as permitted under section 25-4-7.
(2) Community buildings, as permitted under section 25-4-11.
(3) Country clubs, tennis clubs and other similar recreational facilities which
include buildings or indoor recreational features.
(4) Drive-in theaters.
(5) Guest ranches.
(6) Home occupations, as permitted under section 25-4-13.
(7) Lodges.
(8) Meeting facilities.
(9) Model homes, as permitted under section 25-4-8.
(10) Temporary real estate offices, as permitted under section 25-4-8.
(11) Uses, other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205, Hawai‘i Revised Statutes.
§ 25-5-52 HAWAI‘I COUNTY CODE
SUPP. 10 (7-2021)25-86
(d) The following uses may be permitted in the RA district, provided that either a use
permit is issued for each use if the building site is within the State land use urban
district or a special permit is issued for each use if the building site is within the
State land use rural district:
(1) Bed and breakfast establishments, as permitted under section 25-4-7.
(2) Crematoriums, funeral homes, funeral services, and mortuaries.
(3) Churches, temples and synagogues.
(4) Day care centers.
(5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(6) Major outdoor amusement and recreation facilities, includes stadiums, sports
arenas, and other similar open air recreational uses.
(7) Medical Clinics.
(8) Schools.
(9) Yacht harbors and boating facilities.
(e) Buildings and uses accessory to the uses permitted in this section shall also be
permitted in the RA district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-155, sec 11; am 2010,
ord 10-17, sec 4; am 2012, ord 12-28, sec 7; ord 12-124, sec 6; am 2014, ord 14-86, sec 7;
am 2021, ord 21-26, sec 8.)25-5-52
Section 25-5-53. Height limit.
The height limit in the RA district shall be thirty-five feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-53
Section 25-5-54. Minimum building site area.
The minimum building site area in the RA district shall be one-half acre. RA
districts having larger areas may be designated in increments of one-half acre up to a
recommended maximum of three acres. The recommended maximum does not specify
an absolute upper limit for any building site in the RA district.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-54
Section 25-5-55. Minimum building site average width.
Each building site in the RA district shall have a minimum average width of one
hundred feet for the first one-half acre of required area, plus twenty feet for each
additional one-half acre of required area; provided that no building site shall be
required to have an average width greater than three hundred feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-55
Section 25-5-56. Minimum yards.
Minimum yards in the RA district shall be as follows:
(1) Front and rear yards, twenty-five feet; and
(2) Side yards, fifteen feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-56
ZONING § 25-5-57
25-87
Section 25-5-57. Other regulations.
(a) If any legal building site in the RA district has an area less than one-half acre, then
the yard and height requirements for the building site shall be the same as the
yard requirements for the RS district.
(b) Plan approval shall be required prior to the construction or installation of any new
structure or development, or of any addition to an existing structure or
development which is used for minor agricultural products processing.
(c) An ohana dwelling may be located on any building site in the RA district, as
permitted under article 6, division 3 of this chapter.
(d) Exceptions to the regulations for the RA district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development pursuant to article 6, division 1 of this chapter.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4.)25-5-57
Division 6. FA, Family Agricultural Districts.
Section 25-5-60. Purpose and applicability.
The FA (family agricultural) district provides for a blend of small-scale agricultural
operations associated with residential activities and which may be characterized by
farm estates, small acreage farms, or subsistence lots. The FA district is intended to be
in areas designated as being within the State land use agricultural district, where
public services and infrastructure are appropriate to support the very low density
residential needs of a rural community and where substantial number of parcels are
less than five acres in size, and where a mix of uses will not conflict with or be
detrimental to existing agricultural uses in the surrounding area.
In addition, this district is intended to be primarily comprised of agricultural lands
less than five acres in area, which are not classified as A or B lands under the land
study bureau’s master productivity rating, or classified as prime, unique, or other
important agricultural lands. Provided, that this district may include lands so classified
if the lands are situated within an urban expansion or other urban designation under
the general plan land use pattern allocation guide (LUPAG) map.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-60
Section 25-5-61. Designation of FA districts.
Each FA (family agricultural) district shall be designated on the zoning map by the
symbol “FA” followed by a number and the lower case letter “a” which indicates the
required number of acres for each building site. For example, FA-1a means a family
agricultural district with a minimum building site area of one acre.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-61
JOSH GREEN, M.D. E a KENNETH S. FINK,M.D,MGA, MPH
GOVERNOR OF HAWAII rr•';y........... DIRECTOR OF HEALTH
KA LUNA HO'OKELEKEKIA'AINA O KA MOKU'AINA O HAWAII y,
1 ;
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s v:. r .
t-4,;:„5:,v
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O.BOX 916
H I LO, HAWAII 96721-0916
MEMORANDUM
DATE: May 23, 2024
TO: Mr. Zendo Kern
Planning Director, County of Hawaii
FROM: Eric Honda
District Environmental Health Program Chief
SUBJECT: State Land Use Boundary Amendment Application (PL-SLU-2024-000009)
Request: Agricultural to Rural for 1.997 Acres of Land
Change of Zone Application (PL-REZ-2024-000060)
Request: Agricultural - 40 Acres (A-40a)to Residential Agricultural - 0.5 Acres
RA-0.5) for 1.997 Acres of Land
Applicant: Kelvin P. Jarneski
Tax Map Key: (3) 6-4-017:001, South Kohala District, Hawai`i
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
Zendo Kern
May 23, 2024
Page 2 of 4
1. All project activities shall comply with the Hawaii Administrative Rules (HAR),
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/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:
https://health.hawaii.gov/cwb/clean-water-branch-home-
page/cwb- standard-comments/.
Hazard Evaluation & Emergency Response Office
1. A Phase I Environmental Site Assessment(ESA) and Phase II Site Investigation
should be conducted for projects wherever current or former activities on site may
have resulted in releases of hazardous substances, including oil or chemicals.
Areas of concern include current and former industrial areas,harbors, airports,
and formerly and currently zoned agricultural lands used for growing sugar,
pineapple or other agricultural products.
2. Standard comments for the Hazard Evaluation& Emergency Response Office
are at: 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. 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.
3. Construction/Demolition Involving Asbestos: If the proposed project includes
renovation/demolition activities that may involve asbestos,the applicant should
contact the Asbestos and Lead Section of the Branch at
https://health.hawaii.gov/irhb/asbestos/.
Zendo Kern
May 23, 2024
Page 3 of 4
Safe Drinking Water Branch
1. Agencies and/or project owners are responsible for ensuring environmental
compliance for their projects in the areas of 1)Public Water Systems; 2)
Underground Injection Control; and 3) Groundwater and Source Water Protection
in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11-
25. They may be responsible for fulfilling additional requirements related to the
Safe Drinking Water program: https://health.hawaii.gov/sdwb/.
2. Standard comments for the Safe Drinking Water Branch can be
found at: https://health.hawaii.gov/epo/landuse/.
Solid &Hazardous Waste Branch
1. Hazardous Waste Program - The state regulations for hazardous waste and used
oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the
identification, handling, transportation, storage, and disposal of regulated
hazardous waste and used oil.
2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters
339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282.
Generators and handlers of solid waste shall ensure proper recycling or disposal
at DOH-permitted solid waste management facilities. If possible,waste
prevention, reuse, and recycling are preferred options over disposal. The Office
of Solid Waste Management also oversees the electronic device recycling and
recovery law, the glass advanced disposal fee program, and the deposit beverage
container program.
3. Underground Storage Tank Program—The state regulations for underground
storage tanks are in HAR Chapter 11-280.1. These rules apply to the design,
operation, closure, and release response requirements for underground storage
tank systems, including unknown underground tanks identified during
construction.
4. Standard comments for the Solid& Hazardous Waste Branch can be
found at: https://health.hawaii.gov/epo/landuse/.
Wastewater Branch
For comments,please email the Wastewater Branch at doh.wwb@,doh.hawaii.gov.
Sanitation /Local DOH Comments:
1. According to HAR §11-26-35,No person, firm, or corporation shall demolish or
clear any structure 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. A demolition permit is required prior
to demolition.
Zendo Kern
May 23, 2024
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.
F°°"°STATE OF HAWAII
JOSH GREEN,M.D.O
CP # 059
OFFICE OF PLANNING SYLVIA LUKE
E (' F
LT.GOVERNOR
4 & SUSTAINABLE DEVELOPMENT MARY ALICE EVANS
DIRECTOR
235 South Beretania Street,6th Floor,Honolulu,Hawai`i 96813 Telephone: 808)587-2846
Mailing Address: P.O.Box 2359,Honolulu,Hawaii 96804 Fax: 808)587-2824
Web: https://planning.hawaii.gov/
Coastal Zone 202405161237NA
Management PL-SLU-2024-000009
Program PL-REZ-2024-000060
Environmental Review June 10,2024
Program
Land Use Commission Zendo Kern,Planning Director
County of Hawai`i Planning Department
Land Use Division West Hawai`i Office
74-5044 Ane Keohokalole Highway, Bldg E
Special Plans Branch Kailua-Kona,Hawai`i 96740
Via email to planning(&hawaiicounty.gov
State Transit-Oriented
Development Dear Mr. Kern:
Statewide Geographic
Information System Subject:State Land Use Boundary Amendment Application
PL-SLU-2024-000009)Agricultural to Rural
Statewide Change of Zoning Application(PL-REZ-2024-000060)
Sustainability Branch Request: Agricultural - 40 Acres(A-40a)to Residential
Agricultural - 0.5 Acres(RA-0.5)for 1.997 Acres
Applicant: Kelvin P. Jarneski
Tax Map Key: (3) 6-4-017:001, Pu'ukapu,Waimea, South Kohala
District,Hawai`i
Thank you for the opportunity to provide comments on the subject State Land
Use District Boundary Amendment(DBA) and Zone Change applications.
Project Site
The subject property consists of 1.997 acres of land and is located on the
Waipio Valley side of the Mamalahoa Highway. The University of Hawai`i College of
Tropical Agricultural Research Station is approximately 500 feet to the southeast of the
subject property. The closest urbanized area is Waimea Town,located approximately
2.5 miles to the west. The surrounding area is in the State Agricultural District but
involves a variety of residential lots with no primary agricultural use. The site is in the
South Kohala Community Development Plan(2008) area. The United States
Geological Survey classifies this area to be within Lava Flow Hazard Zone 8,on a scale
of ascending risk 9 to 1. Finally,county water is available at the subject site;however,
there is no municipal wastewater infrastructure.
Regarding agricultural viability,the project site contains lands rated Class "C"
according to the Land Study Bureau Overall Master Productivity Rating (LSB).
Additionally,the State of Hawai`i's Agricultural Lands of Importance to the State of
Hawai`i(ALISH)maps classify this site as containing "Prime"farmland soil. The
subject lot was created prior to June 4, 1976,and is allowed for the construction of
Mr. Zendo Kern, Planning Director
June 10, 2024
Page 2
single-family dwellings,pursuant to Section 205-4.5(b),Hawaii Revised Statutes(HRS). Despite this
provision,the subject property is currently used to raise and sell chickens. There is an existing single-
family dwelling located on the property, and an additional farm dwelling permit was approved on June
30,2004. The additional farm dwelling has not been constructed.
Request
The applicant is requesting a DBA from the State Agricultural District to the State Rural District,
and a County Zone Change from the Agricultural District(A-40a)to the Residential-Agricultural District
RA-0.5a). The purpose of the requested action is to allow the applicant to subdivide the property into
two 0.5-acre lots and one 1.5-acre lot. The applicant currently lives on the property and wishes to convey
one of the 0.5-acre lots to a family member after the project site is subdivided. The applicant intends to
install a cesspool to service the proposed additional dwelling. It is unclear as to how wastewater would
be handled for the previously approved,but unconstructed farm dwelling.
Office of Planning and Sustainable Development's Comments
1. The requests are consistent with the South Kohala Community Development Plan,with the
subject site being designated as Low-Density Urban use in the Land Use Pattern Allocation Guide
LUPAG) for Waimea. Given the information provided by the applicant,the requests sound
reasonable.
2. The Hawai`i Department of Health Wastewater Regulations were amended in 2016 to prohibit the
construction of new cesspools throughout the State of Hawai`i. If the request is approved,the
applicant should be required to service the existing and resulting residential lots with a septic or
aerobic treatment unit system as a condition of approval.
3. The State Historic Preservation Division should be consulted to confirm that the proposal would
not affect historical properties or archaeological resources.
Thank you again for the opportunity to review the applications. If you have any questions,please
contact Brandon Soo of our Land Use Division at brandon.a.soo@hawaii.gov. If you wish to respond to
this comment letter,please include DTS 202405161237NA in the subject line.
Mahalo,
MorjA t me_Eoculs
Mary Alice Evans
Director
JOSH GREEN,M.D.
DAWN N.S.CHANG
CHAIRPERSON
GOVERNOR I KE KIA'AINA BOARD OF LAND AND NATURAL RESOURCES
COMMISSION ON WATER RESOURCE
SYLVIA LUKE MANAGEMENT
LIEUTENANT GOVERNOR I KA HOPE KIA'AINA
RYAN K.P.KANAKA`OLE
FIRST DEPUTY
DEAN D.UYENO
handangN 7r ACTING DEPUTY DIRECTOR-WATER
c r di i
Fe f Y { ") AQUATIC RESOURCES
r BOATING AND OCEAN RECREATION
IJPBUREAU OF CONVEYANCES
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V
COMMISSION ON WATER RESOURCE MANAGEMENT
CONSERVATION AND COASTAL LANDS
ft µA 3.• CONSERVATION AND RESOURCES ENFORCEMENT
ENGINEERING
StateofHa`Na FORESTRY AND WILDLIFE
HISTORIC PRESERVATION
STATE OF HAWAII I KA MOKU`AINA'0 HAWAII KAHOOLAWE ISLAND RESERVE COMMISSION
LAND
DEPARTMENT OF LAND AND NATURAL RESOURCES STATE PARKS
KA`OIHANA KUMUWAIWAI`AINA
STATE HISTORIC PRESERVATION DIVISION
KAKUHIHEWA BUILDING
601 KAMOKILA BLVD,STE 555
KAPOLEI,HAWAII 96707
June 12,2024
IN REPLY REFER TO:
Zendo Kern,Director Project No. 2024PR00628
Planning Department Doc.No. 2406JG06
County of Hawai`i Archaeology
101 Pauahi Street, Suite 3
Hilo,HI 96720
Email: planning@,hawaiicountv.gov
Dear Mr. Kern:
SUBJECT: Hawaii Revised Statutes(HRS)Chapter 6E-42 Historic Preservation Review
County of Hawaii Change of Zone and State Land Use Boundary Amendment Applications
Permit Nos. PL-REZ-2024-000060 and PL-SLU-2024-000009
Applicant: Kelvin Jarneski(Landowner)
Pu'ukapu Ahupua`a,South Kohala District,Island of Hawaii
TMK: (3)6-4-017:001
This letter provides the State Historic Preservation Division's (SHPD's) review of the subject County of Hawaii
change of zone and state land use boundary amendment permit applications received by our office on May 20,2024.
The submittal included a map of the proposed rezoning of the subject parcel,a StateLand Use Boundary Amendment
Permit application,a Change of Zone Permit application,a County Environmental Report,and a satellite image of the
project parcel.
The proposed project area comprises the entirety of the 1.99-acre parcel. The applicant proposes changing the subject
parcel's zoning from Agriculture (A-40a)to Residential Agriculture (RA-0.5)and subdividing the parcel into 2 lots
comprised of a 0.5-acre lot and a 1.5-acre lot. The submittal materials indicate that a building permit for the
construction of a second structure within the current parcel is active,but is not part of the current permit applications.
The submission materials indicate that the proposed project area was previous impacted by ground-disturbing
activities associated with the development of the existing structure and agriculture within the parcel. A review of
SHPD records indicate that the project area has not been included as part of any previous archaeological studies and
that no historic properties have been previously identified therein. Aerial imagery indicate that the subject parcel and
project area have been previously impacted by land clearing activities and residential and agricultural development.
Thus,low potential exists for the project to encounter historic properties.
Based on the information provided, SHPD's project effect determination is "No historic properties affected"
pursuant to HAR§13-284-7( a)(1)for the current project.Additionally,pursuant to HAR§13-284-7( e),when SHPD
comments that the proposed project shall not affect significant historic properties,the HRS 6E historic preservation
review process ends. The permit issuance process may proceed.
Attach to permit: If historic properties such as lava tube openings, concentrations of artifacts, structural remains or
human skeletal remains are found during construction activities please cease work in the immediate vicinity of the
find, protect the find from additional disturbance, and contact the State Historic Preservation Division at(808)933-
7653.
Zendo Kern
June 12,2024
Page 2
Please contact Joshua Gastilo at joshua.gastilo@a,hawaii.gov for any questions regarding archaeological resources or
this letter.
Aloha,
Jessica L.Puff
Architecture Branch Chief
Acting Administrator,State Historic Preservation Division
cc: Sidney Fuke,sidneyfuke@gmail.com
Kelvin Jarneski,rebelkelso@gmail.com
Jessica Andrews,jessica.andrews@a,hawaiicounty.gov
Mitchell D. Roth
Mayor
Deanna S. Sako
Managing Director
Ramzi I. Mansour
Director
Brenda Iokepa-Moses
Deputy Director
County of Hawai'i
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekuando`a Street, Suite 41 • Hilo, Hawai'i 96720 • cohdem@hawaiicounty.gov
Ph: (808) 961-8083 • Fax: (808) 961-8086
MEMORANDUM
TO: Zendo Kern, Director
Planning Department
FROM: Ramzi I. Mansour, Directo .
Department of Environmental Management
DATE: May 31, 2024
SUBJECT: State Land Use Boundary Amendment Application (PL-SLU-2024-000009) Request:
Agricultural to Rural for 1.997 Acres of Land
Change of Zone Application (PL-REZ-2024-000060)
Request: Agricultural - 40 Acres (A -40a) to Residential Agricultural - 0.5 Acres
RA -0.5) for 1.997 Acres of Land
Applicant: Kelvin P. Jarneski
Tax Map Key: (3) 6-4-017:001, South Kohala District, Hawai`i
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.
Green waste may be transported to the green waste sites located at the West Hawai`i
Organics Facility and East Hawai`i Organics Facility, or other suitable diversion programs.
Construction and demolition waste is prohibited at all County Transfer Stations.
The Wastewater Division has reviewed the subject application and provides the following
comments:
No County sewer system in area. Applicant shall follow Hawai`i Department of Health, and
all other applicable federal, state, and county regulations.
County of Hawaii is an Equal Opportunity Provider and Employer
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE: June 10, 2024
Waiteatadeilit
TO: Zendo Kern, Planning Director
FROM: Department of Public Works, Engineering Division ! '
SUBJECT: CHANGE OF ZONE APPLICATION (PL-REZ-2024-000060)
Request: Agricultural - 40 Acres (A-40a) to Residential Agricultural —
0. 5 Acres (RA-0.5) for 1 .997 Acres of Land
STATE LAND USE BOUNDARY AMENDMENT APPLICATION (PL-SLU-2024-000009)
Request: Agricultural to Rural for 1 .997 Acres of Land
Applicant: Kelvin P. Jarneski
TMK: 6-4-017:001
We have reviewed your submittal dated May 14, 2024 and offer the following comments
for your consideration:
1 . All activities shall comply with the requirements of Hawaii County Code (HCC),
Chapter 10, Erosion and Sedimentary Control. Agricultural operations may
qualify for a conservation program with the applicable soil and water
conservation district. An approved conservation program would be an exclusion
to Chapter 10.
2. All development-generated runoff shall be disposed of on site and not directed
toward any adjacent properties. A drainage study shall be prepared and the
recommended drainage system shall be constructed meeting the approval of the
Department of Public Works, Engineering Division.
3. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate
Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is
an area determined to be outside the 500-year floodplain.
4. The section of Mamalahoa Highway that fronts the property is no longer under the
jurisdiction of the County and is now under the jurisdiction of the State of Hawaii,
Department of Transportation, Highways Division, Hawaii District
Questions may be referred to Robyn Matsumoto at 961-8924.
County of Hawaii is an Equal Opportunity Provider and Employer
OF .................TC,R
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DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
a*, 345 KEKUANAO'ASTREET, SUITE 20 • HILO. HAWAI'I 96720
xnw• TELEPHONE (808) 961-8050 • FAX (808)961-8657
June 19, 2024
COH M I% V-T.T
jUN 24 2024 Pm2:17
REC'D HAND DELIVERED
TO: Mr. Zendo Kern, Director
Planning Department
FROM: Keith K. Okamoto,Manager-Chief Engineer
SUBJECT: State Land Use Boundary Amendment Application (PL-SLU-2024-000009)
Request-Agricultural to Rural
Change of Zone Application (PL-REZ-2024-000060)
Request-A-40a to RA-0.5
Applicant-Kelvin P.Jarneski
Tax Map Key 6-4-017:001
We have reviewed the subject application and have the following comments and conditions.
Please be informed that there are two (2)existing services fronting the subject parcel capable of
supporting a proposed 2-lot subdivision(Account Nos. 780-88445 and 780-88455). Currently,water
can be made available for an additional service for the third proposed lot in accordance with the
Department's existing water availability conditions,which are subject to change without notice.
However,pursuant to Section 23-84 of the Hawai`i County Code regulating subdivisions,the
following minimum requirements must be complied with for subdivision approval:
1.Install approximately 170 lineal feet of 6-inch waterline along Alanui `Ohana Road from the
existing 12-inch waterline within Mamalahoa Highway to front the proposed Lot N-1.
The 6-inch waterline is required for both domestic water service and fire protection.
2. Install a fire hydrant to be located within 300 feet of each proposed lot.
3. Cut and plug the existing service lateral at the main and relocate to front proposed Lot N-1.
4. Install a reduced pressure type backflow prevention assembly within five(5)feet of the meter
on private property.
5.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.
Water, Our Most Precious Wesource. , . 7(a Wai A one. . .
The Department of Water Supply is an Equal Opportunity provider and employer.
Mr. Zendo Kern, Director
Page 2
June 19, 2024
6.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.
Please keep in mind that this letter shall not be construed as a water commitment. In other words,
unless a water commitment is officially effected, water availability is subject to change,depending on
the water situation.
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,
Keith K. Okamoto, P.E.
Manager-Chief Engineer
RQ:dfg
copy— Mr. Kelvin P. Jarneski
Mr. Sidney Fuke, Planning Consultant
Wes Thomas Associates