HomeMy WebLinkAboutPD BACKGROUND REPORTBGraphicImagesHawaiiIncREZ.crk.7.10.2024
COUNTY OF HAWAIʻI PLANNING DEPARTMENT BACKGROUND REPORT
GRAPHIC IMAGES HAWAII, INC. CHANGE OF ZONE APPLICATION (PL-REZ-2024-000057)
GRAPHIC IMAGES HAWAII, INC. has submitted an application for a Change of Zone from
an Agricultural-20 acres (A-20a) zoning district to a Family Agricultural-1 acre (FA-1a) zoning
district for 26.762 acres of land. The subject properties are located at 16-790 Kea‘au-Pāhoa
Road, approximately 125 feet southeast of its intersection with Mamaka Street, Kea‘au, Puna,
Hawai‘i, TMKs: (3) 1-6-003:081 & :129.
PROPOSED ACTION
1. Applicant’s Request: The applicant is requesting a Change of Zone from an
Agricultural-20 acres (A-20a) zoning district to a Family Agricultural-1 acre (FA-1a)
zoning district for 26.762 acres of land. The Family Agricultural zoning district, with a
minimum area required for each building site of 1-acre, would allow a maximum density
of 26 lots. According to the Zoning Code, “the FA 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.” Requirements for establishing land
uses in the FA zoning district, including a list of the variety of permitted land uses, are
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shown in Section 25-5-60 to 67 of the Zoning Code. (Planning Department Exhibit 1 -
Zoning Code Requirements for the Family Agricultural Zoning District)
2. Objective of the Request: The applicant proposes to develop a 23-lot subdivision with
lots at least 1 acre in size. It should be noted that the applicant is in preliminary
discussions with the Hawaiʻi Health Systems Corporation (HHSC) about their possible
acquisition of a 7.013-acre portion of the rezone area (Parcel 81) as the site of a proposed
medical clinic. Should these discussions be fruitful, the applicant will revise the proposed
subdivision layout to exclude that land area and the medical facility could be developed
with the issuance of a Special Permit. However, should the HHSC not proceed with the
medical clinic, the applicant will proceed with the proposed 23-lot subdivision as
presented in the application.
3. Construction Timetable and Cost: The applicant anticipates completing the proposed
subdivision within 8 years of the approval date of the Change of Zone application, at an
estimated cost of $2.2 million.
4. Landowner: Graphic Images Hawaiʻi, Inc.
5. Supporting Information: The applicant has submitted the attached in support of the
request. (Planning Department Exhibit 2 - Change of Zone Application dated March
22, 2024)
STATE & COUNTY PLANS
6. State Land Use District: Agricultural.
7. General Plan Land Use Pattern Allocation Guide (LUPAG) MAP: Extensive
Agricultural. Lands not classified as Important Agricultural Land. Includes lands that are
not capable of producing sustained, high agricultural yields without the intensive
application of modern farming methods and technologies due to certain physical
constraints such as soil composition, slope, machine tillability and climate. Other less
intensive agricultural uses such as grazing and pasture may be included in the Extensive
Agriculture category. It should be noted that although the LUPAG map shows the rezone
area as important agricultural lands (IAL), the Director determined that the area should be
situated within the extensive agricultural (EA) designation given its similar agricultural
characteristics to EA designated lands to the west (see exhibit A of the application).
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8. County Zoning: Agricultural-20 Acres (A-20a).
9. Puna Community Development Plan (PCDP): The Puna CDP was adopted by the
Hawaiʻi County Council, Ordinance 08 116, on September 10, 2008, and was amended
on November 4, 2010 by Ordinance No. 10-104; June 8, 2011 by Ordinance Nos. 11-51,
11 52, & 11-53; and December 6, 2011 by Ordinance No. 11-117 & 11-118. The rezone
area is situated just southwest of the Kea‘au Regional Town Center boundary.
10. Special Management Area (SMA): The Special Management Area is a part of the
Coastal Zone Management Program and regulated by the County. The subject property is
not located within the Special Management Area and is situated approximately 3.9 miles
from the nearest coastline.
DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA
11. Subject Properties: The rectangularly shaped rezone area consists of two parcels
totaling 26.762 acres of land that gently slopes mauka between the 300- and 400-foot
elevation. There is an existing 2,000± square-foot warehouse structure situated towards
the makai portion of the subject property, as well as a small shed towards the rear. These
structures were utilized by the previous landowner to store supplies related to the former
nursery operations, as well as accommodating a small office within the larger warehouse
structure. Should the requested change of zone be approved, the applicant will remove
these structures to make way for the proposed subdivision.
12. Surrounding Zoning/Land Uses: The rezone area is situated adjacent to the south of
Ola Hou Estates subdivision, which was rezoned in 2012 and subdivided in two phases
between 2018 and 2021, consisting of 35 one-acre sized lots zoned A-1a. Properties
immediately to the east, south and west of the rezone area are similarly zoned A-20a.
Located about a quarter of a mile to the west is the Keaʻau Agricultural Lots Subdivision,
which was rezoned in 1984 and subdivided in 1985, consisting of 322 one-acre
agricultural lots. Further to the north on both sides of the Old Keaʻau-Pāhoa Road are the
Keaʻau Elementary and High School complexes and to the south is Pūnana Leo o Hilo
complex on lands zoned A-20a and developed under a Special Permit issued in 1979.
Land uses within proximity to the rezone area consist of rural lots and public and private
educational complexes.
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13. Flood Insurance Rate Map (FIRM): The subject property is situated within Zone “X”
on the Flood Insurance Rate Map (FIRM) by FEMA, an area determined to be outside the
500-year flood plain.
14. USDA Soil Survey: A sliver of the project site along its northern boundary consists of
Olaʻa cobbly hydrous loam (2 to 10 percent slopes). The remainder of the subject
property consists of Panaewa very cobbly hydrous loam (2 to 10 percent slope). These
soils consist of well-drained, cobbly hydrous loam that formed in volcanic ash over
pahoehoe (Panaewa) or Aʻa (Olaʻa) bedrock. These soils are not considered as prime
farmlands and were generally used for sugarcane, although the Panaewa series were also
used for pasture and woodlands. Permeability is rapid, runoff is slow and the erosion
hazard is slight.
15. Land Study Bureau’s Detailed Land Classification System: “D” or “Poor”.
16. Agricultural Lands of Importance to the State of Hawaiʻi (ALISH): Most of the
rezone area is designated as “Prime” agricultural lands by the ALISH.
17. Flora/Fauna Resources: No professional survey of the flora was conducted on the
project site due to significant alterations caused by its previous use as sugarcane land and
recent operation as a nursery. Most of the property is cultivated with commercial
dracaena, rhapis palms, and avocado trees. A grove of ironwood trees, planted by the
previous landowner to act as a windbreak, borders the front and western parts of the site
and the central area. In 2016, the remaining portion of the property was cleared, with
avocado trees planted across nearly two-thirds of it. Undeveloped areas include a lawn,
patches of former sugarcane, molasses grass, walking iris, wedelia, ti, and other
secondary undergrowth. Similarly, no commissioned survey of the fauna was undertaken.
However, a 2016 report concerning properties nearby, titled “General Botanical Survey
and Vertebrate Fauna Assessment, Various W.H. Shipman Lands, Keaʻau, Island of
Hawaiʻi” documented sightings of non-endangered or introduced animals such as
mongoose, mice, and feral cats. The report also noted occasional sightings of migratory
birds like the Golden Plover foraging in the fields, the potentially endangered Hawaiian
Hawk which is common throughout the island, and the possible presence between May
and November of threatened species like Newell’s Shearwater and the endemic Hawaiian
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Petrel. Additionally, the Hawaiian Hoary bat and Hawaiian owl may frequent the area,
with the bats roosting from April to December in ʻōʻhia and taller trees. Based on this
information, the applicant proposes to follow mitigation recommendations from the State
Division of Forestry and Wildlife concerning these species, as well as implement best
practices to prevent the spread of Rapid ʻŌhiʻa Death (ROD).
18. Archaeological/Cultural/Historical Resources: No professional archaeological survey
was conducted on the project site due to its past cultivation in sugarcane and its more
recent use as a nursery. In response to a 2023 grubbing permit application for the rezone
area, the State Historic Preservation Division (SHPD) determined that no historic
properties would be affected by proposed grubbing due to previous ground disturbing
activities associated with land clearing and agricultural activities (Planning Department
Exhibit 3 – April 18, 2023 letter). The subject site is not adjacent or proximate to the
shoreline, therefore gathering of marine life and coastal access for Native Hawaiian
gathering and fishing rights is not an issue. The applicant states that they have not
observed the property or adjoining properties being used by Native Hawaiians for the
gathering of plants in recent times.
19. Public Access: There is no known public access to the mountains or the shoreline that
runs through the property.
PUBLIC UTILITIES AND SERVICES
20. Vehicular Access/Traffic: Proposed access to the project site is from the Old Keaʻau-
Pāhoa Road via Mamaka and Ohiohi Streets within the adjoining Ola Hou Estates
subdivision. These existing County-owned and maintained roadways are constructed with
a 20-foot-wide travel lane and 15-foot-wide, paved shoulders within a 50-foot-wide right-
of-way. The applicant proposes to construct interior subdivision roadways to a similar,
County dedicable standard and dedicated to the County. The preceding is consistent with
the recommendation of the Department of Public Works-Engineering Division.
Anticipated traffic will be consistent with that of a 23-lot, family agricultural subdivision,
which according to the Institute of Transportation Engineers (ITE) Common Trip
Generation Rates, is about 23 peak hour vehicle trips .
The northeast frontage of the rezone area borders a State-owned remnant known as
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“Pāhoa Gov’t Road,” as identified on a 1972 subdivision map No. 3207. This section of
the Pāhoa Gov’t Road, located within a remnant parcel of State-owned lands (Parcel 80),
still exists and provides access to the rezone area, though it is not well maintained.
Moreover, the existence of this remnant lot prevents a direct roadway connection to the
Old Keaʻau-Pāhoa Road. Past communications with the State DOT regarding the
disposition of this remnant lot have been unsuccessful. Based on the preceding, the
applicant has decided not to allow the proposed subdivision to access Pāhoa Gov’t Road,
as they believe it would be more functional and likely safer to direct subdivision-related
traffic to Ohiohi and Mamaka Streets, which then connect to the Old Keaʻau-Pāhoa Road.
However, depending on comments received from the State Department of Transportation
regarding the proposed change of zoning and subdivision action, the applicant is willing
to consider a roadway stub-out within the proposed interior subdivision roadway, instead
of the current proposed cul-de-sac, to reserve a future opportunity for direct access to the
Old Keaʻau-Pāhoa Road.
21. Water: According to a comment letter from the Department of Water Supply (DWS) for
a similar change of zone request in 2018 on the subject properties, water can be made
available to the project via an existing 8-inch water line within Keaʻau-Pāhoa Road. The
rezone area parcel is currently served by an existing 5/8-inch meter and a 1-inch meter
and allotted a total of 3 equivalent units of water equal to an average of 400 gallons of
water per day. Based on the preceding, a water commitment can be issued for 20
additional units of water subject to remittance of a water commitment payment.
Additionally, the applicant will be responsible for construction of water system
improvements, including the extension of existing water mains, service laterals to
accommodate a 5/8-inch meter per lot, installation of fire hydrants, and relocation of
water system facilities should they be necessary. Finally, the applicant will be required to
remit facilities charges for the new service per DWS requirements and convey system
improvements, when complete, to DWS. Despite not receiving a recent comment letter,
staff conversations with DWS determined that the preceding information is still
applicable to this project.
22. Wastewater: According to the Department of Environmental Management (DEM), there
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is no public sewer in the area. An individual septic system, meeting with the requirements
of the State Department of Health, is proposed for each lot as part of the construction of
individual dwellings or agricultural-related structures.
23. Solid Waste: The applicant states that solid waste will be handled by a commercial
hauler and disposed of at authorized landfill sites or transfer stations.
24. Essential Utilities and Services: Police, Fire and medical services are available nearby
in Kea‘au. Electrical and telephone services are available to the site.
AGENCY COMMENTS
25. Department of Public Works-Engineering Division: (Planning Department Exhibit
4 – July 15, 2024 memo)
26. Department of Water Supply: (Planning Department Exhibit 5 – December 17, 2018
memo)
27. Department of Environmental Management: (Planning Department Exhibit 6 –
April 3, 2024 memo)
28. Police Department: Planning Department Exhibit 7 – April 11, 2024 memo)
29. State Department of Health: (Planning Department Exhibit 8 – April 12, 2024
memo)
30. State Office of Planning and Community Development: (Planning Department
Exhibit 9 – May 6, 2024 memo)
31. Department of Land and Natural Resources – Division of Forestry and Wildlife:
(Planning Department Exhibit 10 – May 24, 2024 memo)
AGENCIES – NO COMMENT/CONCERNS
32. Department of Land and Natural Resources – Land & Engineering Divisions
AGENCIES – NO RESPONSE
33. Fire Department, State Department of Transportation, State Land Use Commission, &
State Department of Agriculture
APPLICANTS RESPONSE TO AGENCY COMMENTS
34. Applicants Response to Multiple Agency Comments: (Planning Department Exhibit
11 – June 10, 2024 letter)
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APPLICANTS RESPONSE TO AGENCY COMMENTS
35. Planning Department Exhibit 12- Letter from John and Sylvia Ringgold.
APPLICANTS RESPONSE TO PUBLIC COMMENTS
36. Applicants Response to Public Comments: (Planning Department Exhibit 13 – July
18, 2024 letter)
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
§ 25-5-62 HAWAI‘I COUNTY CODE
25-88
Section 25-5-62. Permitted uses. (a) The following uses shall be permitted in FA districts: (1) Agricultural products processing, minor, provided that the area or buildings used for such processing, shall be located at least seventy-five feet from any street. (2) Agricultural tourism as permitted under section 25-4-15. (3) Animal hospitals. (4) Aquaculture. (5) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, arboretums, floriculture, and similar uses dealing with the growing of plants. (6) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities, where none of the recreational features are entirely enclosed in a building. (7) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (8) Crop production. (9) Dwelling, single-family, as permitted under chapter 205, Hawai‘i Revised Statutes and as permitted under section 25-5-67(b). (10) Farm dwellings, as permitted under section 25-5-67(b) and (c). (11) Game and fish propagation. (12) Group living facilities. (13) Kennels. (14) Livestock, grazing; provided that any feed or water area, salt lick, corral, run, barn, shed, stable, house, hutch, or other enclosure for the keeping of any permitted animals shall be located at least seventy-five feet from any lot line. (15) Public uses and structures, necessary for agricultural practices. (16) Retention, restoration, rehabilitation, or improvement of buildings or sites of historic or scenic interest. (17) Riding academies, and rental or boarding stables. (18) Roadside stands for the sale of agricultural products grown on the premises. (19) Utility substations, as permitted under section 25-4-11. (20) Vehicle and equipment storage areas that are directly accessory to aquaculture, crop production, game and fish propagation, and livestock grazing. (21) Veterinary establishments. (b) The following uses may be permitted in the FA 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.
ZONING § 25-5-62
25-89 SUPP. 11 (1-2022)
(c) The following uses may be permitted in the FA district, provided that a special permit is obtained for such use if the building site is located within the State land use agricultural district: (1) Adult day care homes. (2) Bed and breakfast establishments, as permitted under section 25-4-7. (3) Community buildings, as permitted under section 25-4-11. (4) Family child care homes. (5) Home occupations, as permitted under section 25-4-13. (6) Meeting facilities. (7) Model homes, as permitted under section 25-4-8. (8) Public uses and structures, other than those necessary for agricultural practices, as provided under section 25-4-11. (9) Temporary real estate offices, as permitted under section 25-4-8. (10) Uses, other than those specifically listed in this section, which meet the standards for a special permit under chapter 205, Hawai‘i Revised Statutes. (d) The following uses may be permitted in the FA district, provided that either a use permit is issued for each use if the building site is outside of the State land use agricultural district or a special permit is issued for each use if the building site is within the State land use agricultural district: (1) Bed and breakfast establishments, as permitted under section 25-4-7. (2) Churches, temples and synagogues. (3) Crematoriums, funeral homes, funeral services, and mortuaries. (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. (e) Buildings and uses accessory to the uses permitted in this section shall also be permitted in the FA district. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-155, sec 12; am 2010, ord 10-17, sec 5; am 2012, ord 12-28, sec 8; ord 12-124, sec 7; am 2014, ord 14-86, sec 8; am 2021, ord 21-26, sec 9; am 2021, ord 21-52, sec 8.)25-5-62
Section 25-5-63. Height limits. The height limit in FA districts shall be thirty-five feet for any residential structure, including any single-family dwelling or farm dwelling, and forty-five feet for all other structures. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-63
Section 25-5-64. Minimum building site area. The minimum building site area in the FA district shall be one acre. Other FA districts having larger areas may be designated in increments of one acre up to a recommended maximum of five acres. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-64
§ 25-5-65 HAWAI‘I COUNTY CODE
25-90
Section 25-5-65. Minimum building site average width. Each building site in the FA district must have a minimum average width of one hundred twenty feet for the initial one acre of required area plus twenty feet for each additional 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.)25-5-65
Section 25-5-66. Minimum yards. (a) Except as otherwise provided in this section, the minimum yards in the FA district shall be thirty feet for front and rear yards and twenty feet for side yards. (b) In the FA district, accessory buildings and enclosures (other than fences under eight feet high) for the shelter and confinement of any livestock shall be at least thirty feet from the side and rear property lines. (c) Appropriate additional setbacks from adjacent residential zoned lands may be required by the director for those facilities and uses which may include more frequently used machinery and equipment in order to minimize potential lighting, odor, vector and air and water quality impacts. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-66
Section 25-5-67. Other regulations. (a) If any legal building site in an FA district has an area of less than one acre, then the yard and height requirements for the building site shall be the same as the yard and height requirements in the RA district. (b) One single-family dwelling or one farm dwelling shall be permitted on any building site in the FA district. A farm dwelling is a single-family dwelling located on or used in connection with a farm or if the agricultural activity provides income to the family occupying the dwelling. (c) Additional farm dwellings may be permitted in the FA district only upon the following conditions: (1) A farm dwelling agreement for each additional farm dwelling, on a form prepared by the director, shall be executed between the owner of the building site, any lessee having a lease on the building site with a term exceeding one year from the date of the farm dwelling agreement, and the County. The agreement shall require the dwelling to be used for farm-related purposes. (2) The applicant shall submit an agricultural development and use program, farm plan or other evidence of the applicant’s continual agricultural productivity or farming operation within the County to the director. Such plan shall also show how the farm dwelling will be utilized for farm-related purposes. (d) An ohana dwelling may be located on any building site in the FA district, as permitted under article 6, division 3 of this chapter.
ZONING § 25-5-67
25-91
(e) Exceptions to the regulations for the FA district regarding heights, building site areas, building site average widths and yards, may be approved by the commission within a planned unit development. (f) 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. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4.)25-5-67
Division 7. A, Agricultural Districts.
Section 25-5-70. Purpose and applicability. The A (agricultural) district provides for agricultural and very low density agriculturally-based residential use, encompassing rural areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriate. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-70
Section 25-5-71. Designation of A districts. Each A (agricultural) district shall be designated on the zoning map by the symbol “A” followed by a number together with the lower case letter “a” which indicates the required or minimum number of acres for each building site. For example, A-10a means an agricultural district with a minimum building site area of ten acres. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-71
Section 25-5-72. Permitted uses. (a) The following uses shall be permitted in the A district: (1) Agricultural parks. (2) Agricultural products processing, major and minor. (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) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities, where none of the recreational features are entirely enclosed in a building. (8) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (9) Crop production. (10) Dwelling, single-family, as permitted under chapter 205, Hawai‘i Revised Statutes and as permitted under section 25-5-77(b). (11) Farm dwellings, as permitted under section 25-5-77(b) and (c).
CHANGE OF ZONE APPLICATION
Applicant: Graphic Images Hawaii, Inc.
Prepared by: Daryn Arai, Planning Consultant
March 2024
Tax Map Keys (3) 1-6-003:081 (Lot 1-A) & 129 (Lot 1-B)
Keaʻau, Puna District
Hawaiʻi Island
CHANGE OF ZONE APPLICATION
Applicant: Graphic Images Hawaii, Inc.
Graphic Images Hawaii, Inc.
Laurie Higashi (see attached letter) March 22, 2024
32 Poko Place
Hilo, HI 96720
(see attached letter)
(808) 498-6247 laurie.higashi@gmail.com
Graphic Images Hawaii, Inc.
(see attached letter) March 22, 2024
32 Poko Place
Hilo, HI 96720
Agricultural-20 acres (A-20a) Family Agricultural –1 acre (FA-1a)
(3) 1 - 6 - 003 : 081 (Lot 1-A) and 129 (Lot 1-B)
26.762 acres
Daryn Arai
PO Box 4501
Hilo, Hawaii 96720
email: Daryn.Arai@outlook.com
(808) 895-3218
Applicant Agent
1
ATTACHMENT
Agricultural Rezoning
PLANNING DEPARTMENT
COUNTY 0F HAWAII
APPLICATION FOR CHANGE OF ZONE
I. If your request is approved, do you intend to subdivide the subject
land in accordance with the approved change of zone? YES
If yes, please answer the rest of question I and then to question 3.
a. How many acres of the requested area do you intend to subdivide? 26.762
b. Into what lot sizes? Min 1 acre
c. If your request is approved, approximately how long after the
date of approval do you expect to submit your subdivision plans
to the Planning Department for preliminary approval? 1 year
d. Do you intend to build houses on the newly created lots? No
If yes, please answer the following questions:
0n how many of those lots?
At what approximate price range? House
Lot
Total
Approximately how long, after approval of the subdivision,
would the first house be available for occupancy?
If you intend to subdivide, please submit a preliminary schematic
subdivision plan together with your change of zone application form. included
2. If you have no firm plans of subdividing the subject area, do you intend to:
a. Sell or lease the land to someone who has firm plans? N/A
b. Sell or lease the land to someone who has tentative plans? N/A
c. Sell or lease the land to someone who has no plans? N/A
d. Keep it? N/A
e. 0ther (please state)
P.D.2 5/84
DocuSign Envelope ID: 7DE2A4CB-240A-48E5-A2F6-F7D15A2305C0
2
f. If you intend to do either a, b or c, please elaborate on the kind
of plans the other party has. Please also include in your
answer approximately how soon after approval of your rezoning do
you expect to transfer the subject land to another party.
N/A
3. Do you think that your request and your further plans for the land
will alleviate the local housing situation? NO
How?
4. Are there any buildings on the subject area? YES
If so, what kind?
A 2,000sf warehouse/office complex and a storage shed
What do you intend to do with those buildings if your request is approved?
Complete removal of these existing structures
5. Is the subject land currently being used for any agricultural activity? NO
If so, please list the kinds of products grown and on how many
square feet or acres of land per product. Cattle grazing and various fruit trees such as
banana, lime, lemon, orange, tangerine, grapefruit, mango and papaya
6. Was your request to allow for the creation of small agricultural lots? YES
If so, did your plan include the following considerations?
a. Commodity to be produced? N/A
What kinds of commodity?
b. Suitability of the proposed lot-size for that commodity? N/A
c. Sufficient farm size to allow reasonable chance of success in
commercial agriculture? NO
DocuSign Envelope ID: 7DE2A4CB-240A-48E5-A2F6-F7D15A2305C0
3
d. Agricultural leases or other forms of assurance that potential
buyers or leases will would put the subject area into some form
of agricultural use? NONE
Please state the proposed type of arrangement.
Please submit your agricultural plans for the subject area and
present evidence of consideration of the above requirements together
with your request for a change of zone. N/A
If you do not intend to subdivide the subject land for some sort of
Agricultural purpose, please state your other reasons.
Subdivide to provide opportunities for each lot owner to live on the property
and to determine appropriate crops or animals to cultivate
7. To your knowledge, has there been any flooding and/or drainage problem
on the subject area? NO
If so, please describe the problem.
8. Do you think that the roads leading up to the subject area needs
improvements? NO
If so, what kind?
Is the road adequate for the proposed traffic volume or bad? YES
9. What sort of government assistance and/or improvements do you feel will
be needed in the subject area when developed?
Yes No
a. Schools X
b. Roads X
c. Sewer X
d. Drainage X
DocuSign Envelope ID: 7DE2A4CB-240A-48E5-A2F6-F7D15A2305C0
4
e. Police Protection X
f. Fire Protection X
g. Recreational Facilities X
h. Public Utilities X
i. Other X
For those checked "yes", phase elaborate what type or kinds of improvements
and/or assistance are needed.
Signature:
Address: 32 Poko Place, Hilo, Hawaii 96720
Telephone: (808) -498-6247
Date: September 27, 2023
DocuSign Envelope ID: 7DE2A4CB-240A-48E5-A2F6-F7D15A2305C0
Request: Change of Zone from A-20a to FA-1a in support
of proposed 23-lot residential-agricultural subdivision
and related improvements
Prepared by: Daryn Arai, Planning Consultant
March 2024
Tax Map Keys (3) 1-6-003:081 (Lots 1-A) & 129 (Lot 1-B)
Keaʻau, Puna District
Hawaiʻi Island
ENVIRONMENTAL REPORT
Applicant: Graphic Images Hawaii, Inc.
Table of Contents
A. DETAILS OF PROPOSED USE / DEVELOPMENT ............................................................................................... 1
1. Applicant’s Request .......................................................................................................................................... 1
2. Location of Property ......................................................................................................................................... 1
3. Statement of Objectives and reasons for the request ..................................................................................... 2
4. Proposed Project Details .................................................................................................................................. 2
5. Timeframe and cost .......................................................................................................................................... 4
B. LAND USE AND OTHER REGULATORY CONSIDERATIONS ............................................................................... 5
6. General Plan Land Use Pattern Allocation Guide (LUPAG) Map....................................................................... 7
7. Puna Community Development Plan................................................................................................................ 7
8. State Land Use Designation. ............................................................................................................................. 8
9. Current County Zoning ..................................................................................................................................... 8
10. Coastal Zone Management, HRS, Chapter 205A .............................................................................................. 9
11. Special Management Area (SMA) ................................................................................................................... 10
C. DESCRIPTION OF PROPERTY AND SURROUNDING AREA .............................................................................. 10
12. Subject Property ............................................................................................................................................. 10
13. Surrounding Zoning/Land Uses ...................................................................................................................... 10
14. ALISH ............................................................................................................................................................... 11
15. Land Study Bureau's Detailed Land Classification System .............................................................................. 12
16. US Soil Survey ................................................................................................................................................. 13
17. FIRM ............................................................................................................................................................... 13
18. Geologic Hazards ............................................................................................................................................ 13
19. Flora/Fauna Resources ................................................................................................................................... 13
20. Archaeological Resources ............................................................................................................................... 14
21. Native Hawaiian Gathering Rights .................................................................................................................. 14
22. Public Access................................................................................................................................................... 15
D. PUBLIC UTILITIES AND SERVICES .................................................................................................................. 15
23. Access ............................................................................................................................................................. 15
24. Traffic .............................................................................................................................................................. 15
25. Water .............................................................................................................................................................. 15
26. Wastewater .................................................................................................................................................... 16
28. Essential Utilities and Services ....................................................................................................................... 16
29. Public Safety ................................................................................................................................................... 16
E. REGULATORY ANALYSIS............................................................................................................................... 16
30. Hawaiʻi County General Plan .......................................................................................................................... 16
31. Public Services and Utilities and Concurrency Analysis .................................................................................. 17
32. Puna Community Development Plan.............................................................................................................. 19
33. Coastal Zone Management ............................................................................................................................. 23
34. Anticipated effects upon the Special Management Area ............................................................................... 24
F. OBJECTIVES AND POLICIES OF CHAPTER 205A AND SMA GUIDELINES ......................................................... 26
G. CONCLUSION ...................................................................................................................................................... 28
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COUNTY ENVIRONMENTAL REPORT
IN SUPPORT OF CHANGE OF ZONE APPLICATION for
GRAPHIC IMAGES HAWAII, INC.
Affecting Tax Map Key: (3) 1-6-003: 081 (Lot 1-A) and 129 (Lot 1-B), Keaʻau, Puna
A. DETAILS OF PROPOSED USE / DEVELOPMENT
1. Applicant’s Request
Landowner Graphic Images Hawaii, Inc. (“Applicant”) is requesting a change of
zone for a 26.762-acre project site from an Agricultural-20 acres (A-20a) to a Family
Agricultural-1 acre (FA-1a) zoning district in support of a proposed 23-lot subdivision,
with each lot consisting of a minimum size of one (1)-acre. If approved, the requested
FA-1a zoning would allow for a blend of small-scale agricultural operations associated
with residential activities which may be characterized by farm estates, small acreage
farms, or subsistence lots.
2. Location of Property
The project site, consisting of two properties, are situated west or mauka-side of
the old Keaʻau-Pahoa Highway (Mile Post 1), immediately adjacent to and south of the
Ola Hou Estates Subdivision, a 35-lot subdivision consisting of lots one (1) acre in size, as
shown below on Figure 1 – Location Map and Figure 2 – Vicinity Map below.
Figure 1 - Location Map
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Figure 2 – Vicinity Map
3. Statement of Objectives and reasons for the request
The requested change of zone to an FA-1a zoning district will support the
development of a proposed 23-lot subdivision with lots at least 1 acre in size, as
conceptually shown on Figure 3 – Preliminary Subdivision Plat as shown below.
The project site once supported a wholesale nursery business, cultivating and
selling palm trees, dracaena, orchid plants, and other premium tropical plants and
flowers to global markets that included the mainland, Canada and Japan. The Applicant
recently purchased this former nursery as an opportunity to expand on the residential
and small-scale agricultural opportunities currently afforded within the adjoining Ola
Hou Estates subdivision.
4. Proposed Project Details (see Figure 3 – Preliminary Subdivision Plat)
a. 23-lot subdivision with lots at least 1 acre in size.
b. Primary access to the proposed subdivision from the Old Keaʻau-Pahoa Road will be
provided through the adjoining Ola Hou Estates subdivision via both Mamaka and
Ohiohi Streets, County-dedicated and maintained roadways having travel lane
pavement widths of 20 feet with 15-foot wide paved shoulders.
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Figure 3 – Preliminary Subdivision Plat
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c. Interior subdivision roadways will be constructed to County-dedicable standards and
promptly dedicated to the County, similar to Mamaka and Ohiohi Streets. A stub-
out roadway will be provided to connect with the adjoining Parcel 9 located
immediately to the south of the subject property.
d. The northeast frontage of the project site borders a State-owned remnant identified
as “Pahoa Gov’t Road” on the 1972 subdivision map shown in Figure 4-Subdivision
No. 3207. This section of the Pahoa Gov’t Road, situated within a remnant parcel of
State-owned lands (Parcel 80), still exists and provides access to the subject
property, but is not well maintained. The Applicant has elected to not allow the
proposed subdivision to gain access to the Pahoa Gov’t Road as it would functionally
be more effective, and likely more safe, to direct subdivision-related traffic to Ohiohi
and Mamaka Streets to then gain access to the Old Keaʻau-Pahoa Road.
e. The intervening remnant of State-owned land (Parcel 80) between the Pahoa Gov’t
Road and the Old Keaʻau-Pahoa Road unfortunately prevents a direct subdivision
access roadway connection with the Old Keaʻau-Pahoa Road. Past communications
with the State regarding the disposition of this State-owned remnant has not been
successful. Depending on comments received from the State Department of
Transportation regarding the proposed change of zone and subdivision action, the
Applicant would be willing to consider a roadway stub-out within the proposed
interior subdivision roadway, in lieu of the current cul-de-sac to reserve a future
opportunity to gain direct access to the Old Keaʻau-Pahoa Road.
f. The project site consists of two properties, with Parcel 83 (Lot 1-A) consisting of
7.013 acres and Parcel 129 (Lot 1-B) the remaining balance of 19.749 acres (see
Figure 5 – PL-SUB-2023-000216). The Applicant is in preliminary discussions with the
Hawaiʻi Health Systems Corporation (HHSC) about the possible acquisition of Lot 1-A
as a site of a proposed medical clinic. Should these discussion be fruitful, the
Applicant will revise the proposed subdivision layout to exclude Lot 1-A. However,
should the HHSC not proceed with the medical clinic, the Applicant will proceed with
the proposed 23-lot subdivision as presented in this application.
5. Timeframe and cost
Should the requested FA-1a zoning be approved, the Applicant will be prepared
to submit a subdivision application to the Planning Department within a period of one
year. Upon the issuance of tentative subdivision approval, the Applicant anticipates that
the design and construction of required subdivision-related improvements could take
about 5 years. All told, the Applicant anticipates that about 8 years is needed to secure
Final Subdivision Approval once the FA-1a zoning is approved. Anticipated site
development and infrastructure systems will be somewhere around $2.2 million.
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Figure 4 – Subdivision No. 3207
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Figure 5 – PL-SUB-2023-000216
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B. LAND USE AND OTHER REGULATORY CONSIDERATIONS
6. General Plan Land Use Pattern Allocation Guide (LUPAG) Map:
The County of Hawaiʻi General Plan is the policy document for the long-range
comprehensive development of the island of Hawaiʻi. As confirmed by the Planning
Department via Exhibit A - General Plan LUPAG Confirmation, the General Plan Land Use
Pattern Allocation Guide (LUPAG) has been interpreted as Extensive Agricultural, which
are lands not classified as Important Agricultural Land. Such lands are not capable of
producing sustained, high agricultural yields without the intensive application of
modern farming methods and technologies due to certain physical constraints such as
soil composition, slope, machine tillability and climate. Other less intensive agricultural
uses such as grazing and pasture may be included in the Extensive Agriculture category.
7. Puna Community Development Plan
Adopted in 2008, the Puna Community Development Plan (PCDP) called for bold
planning initiatives to re-shape the pattern of future growth and development in a manner
that is more in harmony with the natural setting and more supportive of a better,
sustainable quality of life. While there are no specific land use concepts assigned to the
project site, it is located immediately outside of the boundaries of the Keaʻau Regional
Town Center, as shown on Figure 6 – Keaʻau Regional Town Center map.
Figure 6 – Keaʻau Regional Town Center Map
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Later in this report, a discussion will demonstrate that the requested change of
zone will not be inconsistent with the policies and goals of the PCDP.
8. State Land Use Designation: Agricultural.
The project site is situated within the State Land Use Agricultural District, which
includes lands for the cultivation of crops, aquaculture, raising livestock, wind energy
facility, timber cultivation, agriculture-support activities (i.e., mills, employee quarters,
etc.) and land with significant potential for agriculture uses. Uses permitted in the
highest productivity agricultural categories are governed by statute. Uses in the lower-
productivity categories – C, D, E or U – were established by the Land Use Commission to
include those uses allowed on A or B lands as well as those stated under Section 205-
4.5, Hawaii Revised Statutes. The requested FA-1a is consistent with the uses and
minimum lot sizes permitted within the State Land Use Agricultural district (see Figure 7
– State Land Use Designation).
Figure 7 – State Land Use Designation
9. Current County Zoning: Agricultural-20 acres minimum lot size (A-20a)
The Agricultural (A) zoning district provides for agricultural and very low density
agriculturally-based residential use, encompassing rural areas of good to marginal
agricultural and grazing land, forest land, game habitats, and areas where urbanization
is not found to be appropriate. In the case of the A-20a zoning district, it defines a
minimum lot size of 20 acres (see Figure 8 – Current Zoning). The concurrency provision
of Section 25-2-46 of the Hawaii County Zoning Code establishes standards for roads,
water supply, and civil defense sirens that must be met and/or addressed as part of all
rezoning applications. Suffice to say, the request is consistent with these standards and
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will be discussed in detail relative to the water, traffic, and public safety portions of this
report.
The requested FA-1a zoning is consistent with the A-1a zoning of the adjoining
Ola Hou Estates subdivision, consisting of 35 agricultural lots at least 1 acre in size as
well as Keaʻau Agricultural lots located close by to the southwest.
Figure 8 – Current Zoning
10. Coastal Zone Management, HRS, Chapter 205A
The entire State of Hawaiʻi lies within the Coastal Zone Management area. The
intent of the Coastal Zone Management Program is to guide and regulate public and
private uses in the coastal zone management area with respect to recreational
resources, historic resources, public access to the shoreline, scenic and open space
resources, coastal ecosystems, marine resources, economic uses, coastal hazards,
managing development, public participation, and beach protection.
As the project site is located more than 3.8 miles from the nearest shoreline, the
requested rezoning and proposed subdivision is not anticipated to have any adverse
effects upon the island’s coastal recreational and marine resources nor beach processes
that would require its protection. Similarly, coastal ecosystems will not be impacted
due to the distance from the shoreline and compliance with applicable governmental
requirements related to wastewater disposal and erosion and sedimentation controls.
And as a non-shoreline-fronting project site, coastal hazards are not expected.
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11. Special Management Area (SMA)
The Special Management Area is a part of the Coastal Zone Management
Program that is regulated by the County, established to promote the State’s policy to
preserve, protect, and where possible, to restore the natural resources of the coastal
zone of Hawaiʻi. Therefore, special controls on development within the area along the
shoreline are necessary to avoid permanent loss of valuable resources and the
foreclosure of management options, and to ensure that adequate public access is
provided to public-owned or used beaches, recreation areas, and natural reserves, by
dedication or other means. The project site is not situated within the SMA and at least
3.3 miles from the nearest designated lands, and therefore its objectives and policies as
it relates to the proposed project will be discussed within this environmental report.
C. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA
12. Project Site
The subject property, consisting of apprxoimately 26.762 acres, is rectangular in
shape with an width along the Old Keaʻau-Pahoa Road of approximately 550 feet and a
depth of about 2,150 feet. The subject property resides between the 300 and 400-foot
elevations and is gently sloping at an average grade of about 2 to 8 percent, similar to
the gradual grades within the adjoing Ola Hou Estates subdivision. Therefore,
topgraphic constraints that would hinder the subdivision of the subject property are not
anticipated.
As shown in Figure 9 – Aerial Site Map, there is an existing 2,000± square-foot
warehouse structure situated towards the makai portion of the subject property, as well
as a small shed towards the rear. These structures were utilized by the previous
landowner to store supplies related to the former nursery operations, as well as
accommodating a small office within the larger warehouse strucure. Should the
requested change of zone be approved, the Applicant will completely remove these
structures to make way for the proposed subdivision.
13. Surrounding Zoning/Land Uses
The project site is situated adjacent to the south of Ola Hou Estates subdivision,
consisting of 35 one-acre sized lots zoned A-1a. Located about a quarter of a mile to the
west and similarly zoned is the Keaʻau Agricultural Lots, also consisting of 322 one-acre
agricultural lots. Combined, these two agricultural subdivisions establish this particular
section of Keaʻau as a rural community. To the north on both sides of the Old Keaʻau-
Pahoa Road are the Keaʻau Elementary and High School complexes. To the south is
Pūnana Leo o Hilo complex. While the State Land Use and Zoning maps depict the
project site and immediately surrounding area as Agricultural, actual land uses within
immediate proximity consist of rural lots and public and private educational complexes.
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Figure 9 – Aerial Site Map
14. ALISH: Prime Lands
As shown on Figure 10 – ALISH Map below, the majority of the project site is
classified as Prime Lands according to the Agricultural Lands of Importance to the State
of Hawaiʻi (ALISH), due to its past cultivation in sugar.
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Figure 10 – ALISH Map
15. Land Study Bureau's Detailed Land Classification System: “D” or “Poor”
As shown on Figure 11 – Land Study Bureau, soils within the project site are
classified as “D” or “Poor” for agricultural productivity.
Figure 11 –Land Study Bureau
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16. US Soil Survey: Olaʻa and Panaewa Series
A sliver of the project site along its northern boundary consists of Olaa cobbly
hydrous loam (2 to 10 percent slopes). The remainder of the subject property consists
of Panaewa very cobbly hydrous loam (2 to 10 percent slope). Both of these soils
consist of well-drained, cobbly hydrous loam that formed in volcanic ash over pahoehoe
(Panaewa) or Aʻa (Olaʻa) bedrock. Both of these soils are not considered as prime farm
lands and were generally used for sugarcane, although the Panaewa series were also
used for pasture and woodlands. Permability is rapid, runoff is slow and the erosion
hazard is slight.
17. FIRM: Zone X
The entire project site is designed within Zone "X" - determined to be outside
the 500-year flood plain. The subject property is not subject to coastal flooding nor
impacts due to sea level rise due to its elevation in excess of 300 feet above mean sea
level.
18. Geologic Hazards:
According to the United States Geological Survey maps, the project site is
located within Lava Flow Hazard Zone 3, on a scale of ascending risks 9 to 1. The entire
City of Hilo falls in the Zone 3 category. The Building Code designates the entire island
of Hawaiʻi as Earthquake Zone “D” and contains certain structural requirements to
address the relative seismic hazard. All structures would have to comply with this
standard. As the project site is situated over 3.8 miles from the nearest coastline, the
subject property is located outside of any tsunami evacuation zone.
19. Flora/Fauna Resources
No professional flora or faunal surveys were conducted of the project site due to
its extensively altered condition due to its former use as sugarcane land and its recent
use as a nursery, with the cultivation of commercial dracaena and rhapis palms and
avocado trees on most of the subject property. There is a grove of ironwood trees
bordering the front and western portions of the site and the middle portion of the
property that was planted by the previous landowner to serve as windbreak. The
remaining portion of the property was cleared in 2016 where avocado trees were
planted on nearly two-thirds of the subject property. In the undeveloped areas, there
is a lawn, as well as some patches of former sugarcane, molasses grass, walking iris,
wedelia, ti, and other secondary undergrowth.
For similar reasons, no commissioned faunal survey was conducted. However, in
a 2016 report affecting properties in the general vicinity and entitled General Botanical
Survey and Vertebrate Fauna Assessment, Various W.H. Shipman Lands, Keaʻau, Island
of Hawaiʻi, there were sightings of non-endangered or introduced animals like the
mongoose, mice, and feral cats.
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The report also noted the occasional presence of the Golden Plover, a migratory
bird foraging in the fields; possible presence of the endangered Hawaiian Hawk which is
widespread and common throughout the island; and possibly a few of the threatened
Newell’s Shearwater and the endangered endemic Hawaiian Petrel that may transit over
the general area between the months of May and November. Further, the Hawaiian
owl (Puʻeo) or Hawaiian Hoary bat (ʻOpeʻapeʻa), according to the report, could also
frequent this area, with the bat generally from April to December, roosting in ʻōʻhia and
taller trees.
Given the predominantly introduced vegetation on the site, it is unlikely that the
development of the site would have any adverse impacts on either the Hawaiian owl or
Hawaiian Hoary bat. In situations where there is a potential presence of the Hawaiian
Hoary bat, the State Division of Fish and Wildlife (“DOFAW”) on some applications has
recommended that a) woody plants greater than 15 feet tall not be removed or
trimmed during the bat’s breeding season (June 1 to September 15); and b) barbed wire
fencing be avoided as much as possible. If needed, the Applicant would adhere to these
recommendations during the development of the subdivision.
Relative to the Hawaiian hawk, the DOFAW’s concern has usually been noise and
its potential impact to the hawk’s breeding season – March through September. As
such, the Applicant will avoid any land clearing during that period, which is somewhat
coincident to the tree removal/trimming restriction above.
20. Archaeological Resources
No professional archaeological survey was conducted on the project site due to
its past cultivation in sugarcane and its more recent use as a nursery. For these reasons,
no archaeological features are known or expected to exist on the subject property. The
State Historic Preservation Division will be notified and all work shall immediately cease
should inadvertent discovery of any archaeological feature be encountered during
development of the proposed subdivision.
21. Native Hawaiian Gathering Rights
According to the Applicant, there are no known customary or Native Hawaiian
cultural rights exercised within the project site. The Hawaii State Supreme Court's
"PASH" and "Ka Paʻakai 0 KaʻAina" decisions require decision-makers to consider a
project's impact to native Hawaiian gathering and fishing rights. Specifically, there must
be a discussion of the cultural, historical, and natural resources and associated
traditional and customary practices of this site and the impact of this project to these
resources and practices.
The Applicant has not observed, and is now aware of whether the project site or
the immediate surrounding area was used in the recent past for the gathering of plants
by native Hawaiians. Thus, it would appear unlikely that the site would serve such
purpose today. Therefore, it would appear very unlikely that the project site serves as a
place for worship or plant/food gathering for native Hawaiians today and/or in the
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recent past. Given the above, it can be reasonably be concluded that the proposed
project should have no significantly adverse impact affecting native Hawaiian cultural
and historical resources and/ or practices which cannot be reasonably mitigated.
22. Public Access
The Applicant is not aware of any historic or commonly used trails that traverse
over the project site to gain access to resources within the general vicinity. The project
site has been historically cultivated in sugar cane and more recently, managed as a
nursery for decades, with no indication that the project site has served as an accessway
for the public. Should information arise that confirms the existence of such a public
accessway through the subject property, the Applicant will attempt to incorporate it
within the proposed subdivision, especially considering that the proposed subdivision
roadways will be dedicated to the County.
D. PUBLIC UTILITIES AND SERVICES
23. Access
Primary access to the project site is from the Old Keaʻau-Pahoa Road is via
Mamaka and Ohiohi Streets within the adjoining Ola Hou Estates subdivision (see
Figure 2 – Vicinity Map). These existing County-owned and maintained roadways are
constructed with a 20-foot wide travel lane and 15-foot wide shoulders within a 50-foot
wide right-of-way. The Old Keaʻau-Pahoa Road has a pavement width of about 18 feet
at the subject property within a 50- to 60-foot wide right-of-way with grassed and gravel
shoulders. The Old Keaʻau-Pahoa Road is owned and maintained by the State
Department of Transportation and terminates approximately 900 feet to the south of
the project site as it enters the Pūnana Leo o Hilo complex. Therefore, traffic along this
section of the Old Keaʻau-Pahoa Road is primarily limited to the residents of Ola Hou
Estate subdivision and functions associated with Pūnana Leo o Hilo.
24. 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. A TIAR was not performed as the project does
not invoke the County’s concurrency requirements. According to the Institute of
Transportation Engineers Common Trip Generation Rates, a proposed 23-lot subdivision
is expected to generate about 23 peak hour vehicle trips, well below the 50 peak hour
trip benchmark.
25. Water
County water can be made available to the project site via an existing 8-inch waterline
fronting the subject property in the vicinity of the Old Keaʻau-Pahoa Road. Previous
communications from the Department of Water Supply confirms that 23 units of water
can be allocated to the project site in support of the proposed 23-lot subdivision. If
required by the Department of Water Supply, a fire hydrant(s) will be installed. The
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Applicant will coordinate with the DWS during the subdivision process to ensure that
water and fire flow requirements are met.
26. Wastewater
There is no municipal sewer system in this section of Keaʻau. An Individual septic
system, compliant with State Department of Health standards, is proposed for each lot
as part of the construction of individual dwellings or agricultural-related structures.
27. Solid Waste
Solid waste will be handled through commercial haulers or disposal by the landowner
into authorized landfill sites or transfer stations. The nearest transfer station is located
less than 1/2-mile from the subject property along the Keaʻau-Pahoa Road (State Hwy
130).
28. Essential Utilities and Services
Other utilities, such as electrical and telephone services, are available to the project site
to support the proposed subdivision. The closest medical facility is in Keaʻau town,
about a mile to the north of the subject property.
29. Public Safety
Police and fire responders are located in nearby Keaʻau town, about 1 mile to the north.
A Civil Defense siren is situated a little over a mile from the project site at Shipman Park.
While the County’s concurrency requirements regarding Civil Defense sirens do not
apply to the project as it is not proposing commercial or industrial activities equal to or
greater than 35,000 square feet of gross floor area or introducing more than
24 residential units [Section 25-2-46(o), Hawaiʻi County Code], the project site is likely
outside of the coverage area of this existing siren. While a Civil Defense siren is an
effective means of providing warning of pending harm, the County of Hawaiʻi does allow
residents and visitors to sign up with their Emergency Notification System (ENS) that
provides voice, email and text alert notifications about emergency situations within the
County.
E. REGULATORY ANALYSIS
30. Hawaiʻi County General Plan
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is
only through a comprehensive policy analysis approach that evaluations and decisions
can be made to better time or stage developments to achieve quality growth. The
implications of these evaluations and decisions must also be considered as they may
have an impact on other similar areas in the County.
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Land use is one of the principal focal points of public concern and policy. The
Land Use Element of the General Plan provides the primary basis for direct control and
guidance of publicly and privately owned resources. It is also intended to be used as a
policy guide for the coordinated growth and development of all sectors of the County. It
sets forth goals, policies, standards and courses of action to accommodate growth
without congestion, to designate and preserve the lands needed for residential use,
commercial and visitor services, industry, agriculture and open space, and to coordinate
these uses with the County's service and circulation systems. The overall Land Use
goals, policies and standards are set forth to physically plan the lands in the County in
the best interest of the island's residents.
In addition to its goals, policies and standards, the General Plan also includes the
Land Use Pattern Allocation Guide (LUPAG) Map, which is a graphic representation of
the document's goals and policies to guide the coordinated growth and development of
all sectors of the County by presenting a graphic depiction of the physical relationship
among the various land uses. The LUPAG Map establishes the basic urban and non-
urban form for areas within the County.
The LUPAG map, as interpreted by the Planning Director, classifies the subject
property for Extensive Agricultural uses.
31. Public Services and Utilities and Concurrency Analysis
Primary access to the proposed subdivision will be provided by existing State and
County maintained roadways. The Old Keaʻau-Pahoa Road (State Hwy 130), a State-
owned and maintained road having a pavement width of 18 feet within a 50- to 60-foot
wide right-of-way, provides primary access to the subject area. Access from the
highway to the proposed subdivision will be provided by both Mamaka and Ohiohi
Streets, County-maintained roadways having a pavement width of 20 feet within 50-
foot wide rights-of-way.
According to the Institute of Transportation Engineers Common Trip Generation
Rates, the proposed 23-lot subdivision will generate around 23 vehicle trips during the
AM or PM peak hour, and therefore should not have a significant adverse impact to
traffic along the Old Keaʻau-Pahoa Road or its intersection with State Hwy 130.
County water can be made available to support the proposed subdivision via a
6-inch water line located within the Old Keaʻau-Pahoa Road, capable of supporting the
daily potable water needs of future residents within this proposed subdivision.
Wastewater disposal will be accommodated on-site via individual septic systems
that will conform to State Department of Health standards during construction of the
individual farm dwellings.
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An emergency warning (civil defense) siren is located about a mile to the west of
the project site along the Hawaii Belt Road at Shipman Park, likely outside of its effective
coverage envelope. If deemed necessary, the Applicant will coordinate with State Civil
Defense to ensure warning coverage for the proposed subdivision, in satisfaction of
Section 25-2-46(o) of the Zoning Code regarding Concurrency Requirements.
The project site has no severe geological or topographical problems that cannot
be properly rectified or which would render the land unusable for its intended purpose
as a residential and agricultural subdivision. According to the Flood Insurance Rate Map
(FIRM) prepared by the Federal Emergency Management Agency (FEMA), the subject
area is within Zone X, an area determined to be outside the 500-year flood plain. The
project site is also located outside of any coastal flooding zone or tsunami evacuation
area.
The town of Keaʻau is located within a mile of the project site and proposed
subdivision, with both Keaʻau Elementary and High schools located even closer.
Medical facilities and police and fire services are located in Keaʻau as well, along with
retail operations that serve the basic residential needs.
Therefore, for the reasons stated above, approval of this change of zone request
will conform to the following goals, policies and standards of the Land Use Element of
the General Plan:
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural and physical environments of the County.
• Allocate appropriate requested zoning in accordance with the existing or
projected needs of neighborhood, community, region and County.
• Encourage the development and maintenance of communities meeting the
needs of its residents in balance with the physical and social environment.
• Zoning requests shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Land Use District, compatibility with adjacent
zoned uses, availability of public services and utilities, access, and public need.
• Rural-style residential-agricultural developments, such as new small-scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations
• The county shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment
As defined by the Planning Director, the General Plan promotes use of the
project site for extensive agricultural uses that is aligned with the relatively poor
agricultural productivity of its soils. A sliver of the subject property along its northern
boundary consists of Olaa cobbly hydrous loam (2 to 10 percent slopes). The remainder
of the subject property consists of Panaewa very cobbly hydrous loam (2 to 10 percent
slope). Both of these soils consist of well-drained, cobbly hydrous loam that formed in
volcanic ash over pahoehoe (Panaewa) or Aʻa (Olaʻa) bedrock. Both of these soils are
19 | P a g e
not considered as prime farm lands and were generally used for sugarcane, although the
Panaewa series were also used for pasture and woodlands. Smaller lots, as proposed by
the Applicant, could offer the opportunity for more intensive agricultural use of the land
by individual homeowners, rather than extensive pasture or woodland. Therefore,
approval of this request will also conform to the following relevant goals and policy
regarding the Agricultural component of the Land Use Element:
Goals
• Identify, protect and maintain important agriculture lands on the island of
Hawaii.
• Preserve the agricultural character of the island
Policies
• Designate, protect and maintain important agricultural lands from urban
encroachment.
• Ensure that development of important agricultural land be primarily for
agricultural use.
• Important agricultural lands shall not be rezoned to parcels too small to support
economically viable farming units
32. Puna Community Development Plan
Section 15.1 of the County General Plan called for the development and eventual
County Council adoption of Community Development Plans. The General Plan states
that the CDP “will translate the broad General Plan statements to specific actions as
they apply to specific geographical areas.” The General Plan also notes that should the
CDP require a General Plan amendment, it could be considered concurrent with the
adoption of the CDP. However, “If there is a direct conflict between the Community
Development Plan and the General Plan, the General Plan shall be controlling.”
Pursuant to the above, the Puna CDP was developed and adopted by the Hawai`i
County Council on August 27, 2008. It became effective on September 10, 2008 as
Ordinance No. 08 116.
The CDP identifies various Town Centers. Relative to the subject property, it is
located directly adjacent to, but outside of the Keaʻau Regional Town Center. A copy of
the site relative to the Town Center is found in Figure 4 – Keaʻau Regional Town Center.
In addition to the map, the CDP established three (3) major themes:
• Malama I KaʻAina which “establishes how the contextual natural, historic and
cultural features of Puna should be preserved.” (emphasis added)
• Growth Management which “addresses how the future pattern of human
settlement and land use should be shaped to respect that context and support
the desired quality of life for Puna’s residents.” (emphasis added)
20 | P a g e
• Transportation which “focuses on sustainable approaches to transportation to
support the goals of the two above themes.”
Relative to the Malama I KaʻAina theme, four (4) major elements were identified
and assigned goals, objectives, and actions. These elements and their relationship to
the proposed action follow:
1. Historic, Cultural, and Scenic Resources
The subject site has been previously graded and cleared. As such, the
presence of remaining surface archaeological or cultural features appears
somewhat remote. In the event subsurface remains are discovered, these will
be addressed through appropriate protocols. Additionally, the subject site has
not been designated on either the PCDP or the General Plan as containing scenic
or cultural resources.
2. Native Forests and Geological Features
Given the location of the property and the geological condition of the
site, the goals and objectives of this element would not be applicable to the
proposed project.
3. Aquifers, Coastal Waters and Stormwaters
The project site is not located in the vicinity of any potable wells in this
area. Nonetheless, wastewater for each constructed home will be disposed of in
Department of Health-approved septic system.
It is also at least 3.8 miles from the shoreline and is not designated as a
floodway on the Flood Insurance Rate map. All on-site storm water generated
by the project would be retained on site through a system of drywells. These
drywells will require the approval of the State Department of Health and through
the NPDES permitting system, the objective of not only storm water containment
but protection of groundwater will be fulfilled.
Given the above, combined with the fact that the project site is about 3.8
miles from the ocean, the goals and objectives of this element would not be
compromised.
4. Shoreline Area
As the site is not a shoreline or coastal property, this element is not
applicable.
21 | P a g e
The other theme is Managing Growth. For this, six (6) elements were identified.
These elements and their relationship to the project follow.
1. Land Use Pattern
The Implementation Section (Chapter 5) of the CDP, there is no
mention or discussion of properties outside of the Village Center. As such,
this project is being evaluated against the articulated goals and objectives of
the Managing Growth theme.
In that regard, the proposed project should complement the growth
of the Village by providing alternative lot sizes in an area that is proximate to
schools and other urban type of services. Yet, it is situated in an area that
would not contribute to urban sprawl, as it is somewhat bounded by the
Keaʻau Agricultural Lots and the Ola Hou Estates subdivisions, both of which
are also 1-acre in size.
2. Agriculture and Economic Development
As noted earlier, the site has been used for limited sugar cane in the
past and now, cultivated into some nursery trees and avocado trees. Thus,
in spite of the Land Study Bureau’s classification, the site’s agricultural
potential exists. In that regard, the creation of 1-acre lots should not
diminish the site’s agricultural potential. It may actually enhance it. The site
would be more manageable from a size standpoint (1+ acre versus 20+
acres).
The Applicant’s proposal could thus help foster the agricultural
objectives by making a good-sized residential-agricultural lot available to the
Applicant and others in an area that is proximate to urban services.
3. Social Services and Housing
As this is a 1-acre lot family-agricultural project which will allow a
residence, it will directly fulfill the objectives of the housing element.
Specifically, these include goals, among others, which
• Attain a diversity of socio-economic housing mix throughout the
different parts of the County
• Maintain a housing supply which allows a variety of choice
• Improve and maintain the quality and affordability of the existing
housing stock
Furthermore, should the request be approved, there will be a need to
comply with Chapter 11 of the Hawai`i County Code relating to
affordable housing. The Applicant is aware of this and will comply.
22 | P a g e
To that extent, the implementation of this project will not only foster
small-scale agricultural activities but also aid the residential and
affordable housing market.
4. Public Safety and Sanitation Services
The project site is located in an area where basic infrastructure is
available. Public cost to extend these needed infrastructures would thus be
minimal, if at all.
5. Parks and Recreation
There are existing park facilities in the village of Kea`au about 1-mile
away. Additionally, the project will be subject to a fair share requirement
which will address recreational impacts as well. Notwithstanding the above,
the site is not listed for any future trails or park related uses.
6. Energy Sustainability
From a practical standpoint, the Applicant will not have much control
over the type of energy-saving devices or systems implemented during the
construction of dwellings on each of the lots. Once the lots are sold, it will be
up to the individual homeowner to decide the type of energy saving or
producing features will be provided. But another consideration is the
proximity of this proposed subdivision to Keaʻau town and the various
amenities and services it offers, reducing the need to travel long distances
for educational opportunities, medical services, daily needs, and recreational
opportunities.
The third theme is Transportation. This theme consists of five (5) elements, and
their relationship to the project follows.
1. Traffic Demand Management
The project’s location, being proximate to Keaʻau Village, would help
reduce the flow of residents requiring basic services from making
unnecessary travels outside of the district. As it is residential agricultural and
not a commercial project, the project has limited opportunities to develop
alternative traffic management techniques.
2. Mass Transit
Although this element is not really applicable, in the event that a bus
stop are needed in this area, the Applicant would consider setting aside an
area within its project for this purpose.
23 | P a g e
3. Roadway Network
Likewise, the objectives and policies of this element are not
directly pertinent to the project. However, it should be noted that the
project has access to the old Keaʻau-Pahoa Road via County-dedicated roads
within the adjoining Ola Hou Estates subdivision.
4. Highways
Primary access to the project area is from the old Keaʻau-Pahoa Road,
which is deemed adequate to support the proposed subdivision, especially
given that the Keaʻau Bypass has redirected much of the traffic away from
the project area. The proposed subdivision will provide accommodations for
future connections to adjoining properties, further enhancing the local
roadway network within this part of Keaʻau.
5. Non-Motorized Travel and Scenic Byways
The subject property is not part of any proposed non-motorized
travel area, such as a bikeway. There are also no known trails within the
subject site. Accordingly, the project would not be incongruous with this
element.
In summary, while the subject site is not specifically identified for any particular
land use on the Keaʻau Regional Town Center map of the PCDP, it is generally consistent
with the PCDP’s basic land use and related policies.
33. Coastal Zone Management
This change of zone request, if approved, will not be contrary to Chapter 205A,
Hawaiʻi Revised Statues, relating to Coastal Zone Management nor the guidelines for
approval of an SMA Use Permit as prescribed by Planning Commission Rule No. 9
regarding the Special Management Area.
The project site is not situated within the Special Management Area, being at
least 3 miles from the nearest coastline or SMA designated lands. Therefore, the
subject property is not subject to any coastal hazard nor anticipated to have any
adverse impact upon coastal resources such as coastal recreational and marine
resources, coastal ecosystems or the public use and recreational use of any beach.
The Applicant will comply with regulatory erosion and sedimentation standards of the
County during the construction of the proposed subdivision and lot owners within the
proposed subdivision must comply with wastewater disposal standards of the State
24 | P a g e
Department of Health. These actions will ensure that actions within the subject
property will not have a significant adverse effect upon coastal ecosystems or processes.
As the site has been previously cleared and historically utilized for sugar cane
production and nursery operations over many decades, it is not anticipated that the
proposed request will have any adverse impact on cultural or historical resources in the
area. Should unanticipated archaeological finds be discovered in conjunction with any
further development of the proposed subdivision, work will immediately stop and
clearance secured from the Planning Department before work is resumed.
Through this rezoning, the Applicant hopes to create a total of 23 residential and
agricultural lots configured to provide manageable agricultural and better economic
opportunities for individuals wishing to pursue smaller scale agricultural activities while
living in a rural setting that typifies the character of this particular section of Keaʻau.
This request is supportive of the County’s efforts towards managing development
through both the General Plan and the PCDP.
Finally, in terms of the public participation objective, this is generally a public
agency function. This is achieved through the Marine and Coastal Zone Management
Advisory Group (MACZMAG) and the public hearing process required pursuant to the
Planning Commission’s Rules and County Council’s meetings on this application. Notices
of this application will become available through the posting of a sign on the property,
as well as sending two (2) notices to surrounding property owners informing them of
the filing of the application and of the scheduled public hearing.
34. Anticipated effects upon the Special Management Area
a. Relationship of proposed action to land use plans, policies and control
The requested zoning of FA-1a will not be contrary to the General Plan, State Land
Use District boundaries and Puna Community Development Plan as discussed within
this report. The effective change of the requested zoning will allow for the
subdivision of the approximately 26-acre property into 23 one-acre sized lots that
will continue to promote agricultural opportunities, albeit at a smaller and more
subsistence scale. While the General Plan suggest these lands for extensive
agricultural uses, the immediate proximity of the Ola Hou Estate subdivision, Pūnana
Leo o Hilo campus and the Keaʻau Elementary and High School complexes would
suggest that a more rural land use is most appropriate within this particular portion
of Keaʻau.
b. Description of how project will affect area and surrounding lands
All necessary utilities and services to support the proposed subdivision is or will be
made available. Due to the use of existing and proposed roadway networks
constructed to County-dedicable standards, construction-related impacts are
25 | P a g e
expected to be minimal. The proposed residential and agricultural subdivision will
be similar in character and use to the adjoining Ola Hou Estates and Keaʻau
Agricultural Lots subdivisions, and within an area that is host to two public school
complexes, the Keaʻau Elementary and High schools and a Hawaiian language
immersion school. Therefore, the proposed residential and agricultural subdivision
is not out-of-character for an area that is transitioning to a more rural and urban
environment, is witness by the subject property being situated just outside of the
boundaries of the Keaʻau Regional Town Center.
c. Description of impacts that cannot be avoided and applied mitigation measures
The Applicant is not aware of any significant adverse impacts associated with the
proposed 23-lot subdivision project. As described earlier in this report, all utilities
and public services are available to support the proposed project, and its proximity
to Keaʻau town will ensure that basic needs of residents within this proposed
community can be well-served.
While the proposed subdivision will remove lands considered “prime” according to
ALISH maps, the soils itself are not considered prime agricultural lands as it is
typically suited for pasture and woodland.
The proposed subdivision is not located near any coastal resources, which negates
any potential direct impacts of the project upon coastal resources. Regardless, the
Applicant will adhere to all best management practices and applicable government
standards and regulations during construction of the proposed subdivision.
d. Alternatives to the proposed project
The only reasonable alternative is to maintain the 26.762-acre subject property as it
current exists, as a former nursery that awaits someone capable of pursuing some
form of agricultural activity. However, promoting agriculture cannot be effectively
accomplished if it cannot be properly managed, and 26+ acres of land is a significant
commitment that many may not wish to make. The proximity of the proposed
agricultural subdivision to established agricultural subdivisions and schools may also
complicate any efforts to intensively cultivate these lands by activities such as
extensive tilling and the application of herbicides, pesticides and fertilizers.
e. Irreversible and irretrievable commitment of resources
Given the scope of the proposed 23-lot subdivision and its related improvements
and the past and current uses of the subject property and immediately surrounding
area, the Applicant is not able to identify any irreversible or irretrievable
commitment of cultural, historical, recreational or ecological resources as a result of
the proposed subdivision development, as discussed throughout this report.
Approval of the Applicant’s request will not result in the permanent loss of
26 | P a g e
agricultural lands, which are not considered optimal for agricultural productivity
given its soil characteristics and further complicated by the presence of existing
subdivisions and educational facilities within close proximity.
F. OBJECTIVES AND POLICIES OF CHAPTER 205A AND SMA GUIDELINES
a. Recreational resources
The project site is not known to accommodate or foreclose upon any recreational
opportunities due to its location from the coastline and within an area not known as
hosting recreational resources, such as hiking trails, nature preserves or hunting
areas.
b. Historic resources
There are no known historic or archaeological resources within the project site due
to its past cultivation in sugarcane and its continuing use as a homesite and for
agricultural purposes. The State Historic Preservation Division will be notified and all
work shall immediately cease should inadvertent discovery of any archaeological
feature be encountered during development of the proposed subdivision
c. Scenic and Open Space resources
The project site is not identified as an area of natural beauty by the General Plan.
The requested FA-1a zoning and subsequent subdivision into 23 one-acre sized lots
will maintain a very low density of potential building sites that should not have a
significant impact upon any viewplane, including potential views of Mauna Kea and
Mauna Loa from the Keaʻau-Pahoa Road due to its largely hidden proximity from
this arterial roadway. For these reasons, the Applicant finds that the subject
property is void of any scenic or open space resources.
d. Coastal ecosystems
The proposed subdivision will be situated on lands located at least 3.8 miles from
the nearest coastline, ameliorating any direct effects of the proposed subdivision
upon coastal ecosystems. The Applicant will adhere to construction best
management practices as well as applicable government regulations and standards
regarding erosion and sedimentation, including the use of Department of Health-
approved septic systems for wastewater disposal.
e. Economic uses
The intent of the requested rezoning is to create smaller residential and agricultural
lots that are more manageable, thereby enhancing agricultural opportunities by
individual families rather than expansive agricultural lands that can only be properly
27 | P a g e
managed by a larger entity. Creating a rural community in this particular location
will likely create significant economic opportunities upon the nearby town of Keaʻau
and the nearby educational facilities, probably much more so than any agricultural
pursuit on these same lands.
f. Coastal hazards
The project site is not subject to coastal flooding simply due to its location more
than 3.8 miles from the nearest coastline.
In view of the Hawaiʻi State Supreme Court's " PASH" and "Ka Paʻakai O
KaʻAina" decisions, the issue relative to native Hawaiian gathering and fishing rights
must be addressed in terms of the cultural, historical, and natural resources and the
associated traditional and customary practices of the site. As the project site has been
physically altered over many decades due to past sugar cane cultivation and its more
recent use as a nursery operation, it is unlikely that there are any valued cultural,
historical, and natural resources to be found within the project site. For this reason, the
Applicant could find no evidence of any possible significant adverse effects or
impairments that will occur to any valued resources should this change of zone request
be approved. Should the Applicant inadvertently encounter any remains of historic
sites, such as rock walls, terraces, platforms, marine shell concentrations or human
burials, the Applicant agree to cease work in the immediate area and contact the
Department of Land and Natural Resources-State Historic Preservation Division (DLNR-
HPD), resuming activities only upon securing archaeological clearance from DLNR-HPD
when it finds that sufficient mitigation measures have been taken.
The Applicant has not encountered any evidence of traditional or customary
Native Hawaiian rights being practiced on the project site, nor existence of any known
valued cultural, historical or native resources in the area. Thus, it is believed that the
proposed subdivision would have no adverse impact relative to the cultural and
historical resources of the area. To the extent to which traditional and customary
Native Hawaiian rights are exercised, the proposed action will not affect traditional
Hawaiian rights.
Based on the above findings, the Applicant maintains that approving the
requested FA-1a zoning and allowing the development of the proposed 23-lot
subdivision and related improvements will not have any substantial adverse impacts on
the surrounding area, nor will its approval be contrary to the objectives and policies of
Chapter 205A, HRS, relating to Coastal Zone Management and Rule No.9 of the Planning
Commission relating to the Special Management Area.
28 | P a g e
G. CONCLUSION
Based on the discussion above, the Applicant finds that approval of this Change
of Zone request from Agricultural-minimum 20-acre lot size (A-20a) to a Family
Agricultural-1 acre (FA-1a) zoning district in support of a proposed 23-lot residential and
agricultural subdivision conforms to the goals, policies and standards of the General
Plan; adheres to the general policies and objectives of the Puna Community
Development Plan; will not have a significant adverse impact upon coastal resources;
and would result in an appropriate land use pattern that will further the public necessity
and convenience and the general welfare.
EXHIBIT A
County of Hawaii is an Equal Opportunity Provider and Employer
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE: July 15, 2024
Memorandum
TO: Zendo Kern, Planning Director
FROM: Department of Public Works, Engineering Division
SUBJECT: CHANGE OF ZONE APPLICATION (PL-REZ-2024-000057)
Request: Agricultural - 20 Acres (A-20a) to Family Agricultural - 1 Acre
(FA-1a) for 26.762 Acres of Land
Applicant: Graphic Images Hawaii, Inc.
TMK: 1-6-003:081 and 129
Sorry for the delay. We have reviewed your submittal dated April 1, 2024 and offer the
following comments for your consideration:
1. 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.
2. 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.
3. Based upon the proposed zoning and subdivision map, we recommend that the
applicant provide a minimum 50-foot wide right-of-way with paved shoulders and
swales, drainage improvements, and any required utility relocation, meeting the
requirements of the Americans with Disabilities Act.
4. Install streetlights and traffic control devices as may be required by the Traffic
Division, Department of Public Works. The applicant shall be responsible for the
design, purchase, and installation of such devices.
Questions may be referred to Robyn Matsumoto at 961-8924.
pfWATGq
DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAIIC
345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720
TELEPHONE (808) 961-8050 • FAX (808) 961-8657
December 17, 2018
h
TO: Mr. Michael Yee, Director
Planning Department
FROM: Keith K. Okamoto, Manager—Chief Engineer
SUBJECT: Change of Zone Application (REZ 18-000233) 3
Applicant—Puna Certified Nursery, Inc.
Request: A-20a to FA-la
Tax Map Key 1-6-003:081 u)
We have reviewed the subject application and have the following comments and conditions.
Water can be made available from the existing 8-inch waterline within Kea`au-Pahoa Road which fronts the
subject parcel in accordance with the Department's existing water availability conditions,which are subject to
change without notice. Each unit ofwater is equal to an average of 400 gallons per day which is suitable for only
one (1)single-family dwelling.
Please be informed that the subject parcel is currently served by an existing 5/8-inch meter and a 1-inch meter
allotted two(2)equivalent units of water(Account Nos. 020-29910 and 020-29901). The Department requests
that the plat map be revised to show the existing meter with the meter number. The applicant will be required to
designate, in writing, which lot within the proposed subdivision will be assigned the existing service,prior to
recommending final subdivision approval. Should the existing meter location not front the parcel that it will
serve,the existing meter would need to be relocated to comply with the Department's Rules and Regulations.
Therefore, pursuant to Rule 5 of the Department's Rules and Regulations, a copy of which is being forwarded to
the applicant, a water commitment may be issued. Based on the 20 additional units requested in the proposed
23-lot development,the required water commitment deposit is $3,000.00.
Remittance by the applicant of the $3,000.00 is requested as soon as possible so that a water commitment may be
formally issued. The commitment will be in writing with specific conditions and effective dates stated. 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 without notice, depending on the water
situation.
If the applicant intends to assign one(1)unit of water to each lot, final subdivision approval is subject to
compliance with the following conditions:
122168Water, Our Most Precious Resource. . . Ka Wai A pane. . .
The Department of Water Supply is an Equal Opportunity provider and employer.
Mr. Michael Yee, Director
Page 2
December 17, 2018
1. Construct necessary water system improvements, which shall include, but not be limited to:
a. extension of the existing water mains capable of delivering water at adequate pressure under
peak-flow and fire-flow conditions;the minimum diameter of which shall be 6 inches,
b. service laterals that will accommodate a 5/8-inch meter to each lot,
c. cut and plug existing service lateral to the 1-inch meter currently serving the property,
d. fire hydrants spaced no more than 600 feet apart and within 300 feet ofthe 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
e. 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, prepared by a professional engineer licensed in the State of Hawaii, for
review and approval.
2. Remit the prevailing facilities charge balance, which is subject to change, as shown below:
FACILITIES CHARGE (FC):
Two(2)existing services(3 equivalent units)paid
Twenty(20)additional units(c, $5,500.00/unit 110,000.00
Total FC 110,000.00
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 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 subdivision 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. Michael Yee, Director
Page 3
December 17, 2018
Should there be any questions,please contact Mr. Troy Samura of our Water Resources and Planning Branch at
961-8070, extension 255.
Sincerely yours,
664KeithK. Okamoto, P.E.
Manager-Chief Engineer
TS:dfg
copy- Mr. Sidney M. Fuke, Planning Consultant
Puna Certified Nursery, Inc. (w/copy of Rule 5)
NMitchellD.Roth Ramzi I.Mansour
Mayor J*,,`.a; '/;« Director
Deanna S. Sako K •",`," Brenda lokepa-Moses
Managing Director Deputy Director
County of Hawai'i
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
MEMORANDUM
TO: Zendo Kern, Director
Planning Department
FROM: Ramzi I. Mansour, Director •Gd
Department of Environmental Management
DATE: April 3, 2024
SUBJECT: Change of Zone Application(PL-REZ-2024-000057)
Request:Agricultural - 20 Acres (A-20a) to Family Agricultural - 1 Acre
FA-1a) for 26.762 Acres of Land Applicant: Graphic Images
Hawai`i, Inc.
Tax Map Keys: (3) 1-6-003:081 and 129; Puna, 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.
Ample room should be provided for rubbish and recycling.
Construction and demolition waste is prohibited at all County Transfer Stations.
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.
County of Hawai'i is an Equal Opportunity Provider and Employer
MAY
Mitchell D. Roth Benjamin T. Moszkowicz
kip)). L Police Chkip)).
Reed K. Mahuna
1hepuh•Police(7iw1
County of Hawai i
POLICE DEPARTMENT
349 Kapi'olani Street • Hilo,Ilan+ai-i 96720-3998 RECOHANDDELIVERED(808)935-3311 • Fax(808)961-2389
April 11, 2024 CQH PLANNING '-'TAPR122024H41O:12
TO Z O KER P NN N RECTOR
FROM K. SISTANT POLICE CHIEF
EA I OPERATIO REAU
SUBJECT: CHANGE OF ZONE APPLICATION (PL-REZ-2024-000057)
REQUEST: AGRICULTURAL— 20 ACRES (A-20A) TO FAMILY
AGRICULTURAL— 1 ACRE; (FA-1A) FOR 26.762 ACRES OF LAND
APPLICANT: GRAPHIC IMAGES HAWAII, INC.
TAX MAP KEYS: (3) 1-6-003:081 AND 129; PUNA, HAWAI'I
Staff, upon reviewing the provided documents, does not anticipate any significant
impact to traffic and/or public safety concerns.
Thank you for allowing us the opportunity to comment.
If you have any questions, please contact Captain Todd Pataray, Puna Patrol, at 965-
2716 or via email at Todd.Pataray@hawaiicounty.gov.
I lawai'i County is an Equal Opportunity Provider and Employer'
JOSH GREEN, M.D. E a H 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,
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STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O.BOX 916
H I LO, HAWAII 96721-0916
MEMORANDUM
DATE: April 12, 2024
TO: Mr. Zendo Kern
Planning Director, County of Hawaii
FROM: Eric Honda
District Environmental Health Program Chief
SUBJECT: Change of Zone Application (PL-REZ-2024-000057)
Request:Agricultural -20 Acres (A-20a)to Family Agricultural - 1 Acre
FA-la)for 26.762 Acres of Land
Applicant: Graphic Images Hawaii, Inc.
Tax Map Keys: (3) 1-6-003:081 and 129; Puna, 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),
Chapters 11-59 and 11-60.1.
Zendo Kern
April 12, 2024
Page 2 of 4
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/.
Safe Drinking Water Branch
Zendo Kern
April 12, 2024
Page 3 of 4
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
April 12, 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.
c:7--4-----
1;STATE OF HAWAII
JOSH GREEN,
oM.D.
NOR059
OFFICE OF PLANNING SYLVIA LUKE
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LT.GOVERNOR
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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 DTS202404011349NA
Management
Program May 6, 2024
Environmental Review Mr. Zendo Kern, DirectorProgram
Planning Department
Land Use Commission County of Hawai`i
101 Pauahi Street, Suite 3
Land Use Division Hilo, Hawaii 96720
Special Plans Branch
Dear Mr. Kern:
State Transit-Oriented
Development Subject: Change of Zone Application (PL-REZ-2024-000057)
Statewide Geographic Graphic Images Hawaii, Inc.
Information System Tax Map Keys (3) 1-6-003: 081 and 129, Kea'au, Puna, Hawaii
Statewide The Office of Planning and Sustainable Development(OPSD) has reviewedSustainabilityBranch
the subject application and offers the following comments for your consideration.
The applicant proposes to rezone 26.762 acres of land currently zoned
Agricultural-20 acres (A-20a)to Family Agricultural-1 acre (FA-la)to enable the
development of a 23-lot subdivision with a minimum lot size of one acre. The
property is situated off the Kea'au-Pahoa Road within a mile of the Kea'au Town
Center and in proximity to Kea'au High, Elementary, and Middle Schools. The
property lies just outside the Kea'au Regional Town Center boundary as designated
in the County's Puna Community Development Plan (PCDP).
Parcel 081, Lot 1-A (7.013 acres), which fronts a remnant government road
parcel between the property and Kea'au-Pahoa Road, is currently being reviewed
under a separate public utility subdivision action that would set aside the parcel for a
Kea'au medical clinic proposed by the Hawaii Health Systems Corporation. If
State funding and County approvals for the proposed clinic are not secured, Parcel
081, Lot 1-A will be developed as part of the proposed residential subdivision.
Comments
1.Coastal Zone Management. The application is generally consistent
with Chapter 205A, Hawaii Revised Statutes (HRS), Coastal Zone
Management. The property is located approximately 3.8 miles from
the nearest shoreline, does not lie within the Special Management
Mr. Zendo Kern
May 6, 2024
Page 2
Area, and is not located within a flood hazard zone. CZM policy concerns related
to archaeological and historic resources, water quality and stormwater runoff, and
faunal resources noted in the application should be addressed by applicant
compliance with representations made in the application regarding:
a.Inadvertent discovery of any archaeological features: all work is to cease,
and the State Historic Preservation Division is to be notified if features are
encountered during site development. The applicant should ensure that
contractors are aware of this requirement and have experience in
determining conditions under which work should be stopped.
b.Ensuring compliance with Department of Health requirements for onsite
individual wastewater systems.
c.Contractor compliance with US Fish and Wildlife Service
recommendations for precautionary measures to be taken to avoid impacts
to threatened and endangered birds and the Hawaiian Hoary Bat that may
overfly, frequent, or nest in the area.
2.Smart Growth and Transit-Oriented Development. The Kea'au Regional Town
Center area has been identified by OPSD as one of the areas in the County for
joint State-County TOD planning and implementation (see Toward a Transit-
Oriented Development Housing Investment Strategy, issued in December 2023 in
response to Senate Concurrent Resolution 162 and House Resolution 188, 2023
Legislative Session; posted at
https://file s.hawaii.gov/dbedt/op/lud/Reports/OPSD_SCR162_Report_20231228.pdf).
These areas serve to direct State and County efforts toward facilitating smaller lot
sizes, increased density, and mixed-use developments in areas served by County
bus transit to achieve greater walkability, more affordable housing with greater
accessibility to bus transit and goods and services, increased economic
development opportunities, compact town development, and County General Plan
policy objectives related to containment of County infrastructure and costs.
The boundary for the TOD area generally coincides with the town center
boundary in the PCDP and the property lies just outside the TOD area boundary.
The proposed project provides an opportunity to locate additional housing as well
as a potential health center near the Kea'au Town Center. OPSD recognizes,
however, that the existing State Agricultural Land Use District designation—and
the one-acre minimum lot size—is a barrier to achieving smaller lots, additional
density, and/or mixed-use development that might be more appropriate for a
Mr. Zendo Kern
May 6, 2024
Page 3
property situated so close to the town center, schools, bus transit, and other
essential services offered nearby.
OPSD fully supports the provision of a roadway stub-out—alternatively, a
dedicated right-of-way—in lieu of the current cul-de-sac to allow direct access to
the old Pahoa Government Road. The proposed subdivision has only one way in
and out through another subdivision, which decreases safety and increases the
distance that residents will need to walk, bicycle, or drive to access schools, bus
service, and other establishments in the town core. Providing a right-of-way in
the short term would allow pedestrians and bicyclists to access Kea`au-Pahoa
Road and improve connectivity to the town center, schools, and bus services. In
the future, this short-term right-of-way might be improved for vehicular use and
create a second access point for the subdivision.
Thank you for the opportunity to comment on the proposed application. If you have any
questions, please contact Ruby Edwards, ruby.m.edwards@hawaii.gov, (808) 587-2817. If you
wish to respond to this comment letter,please include DTS 202404011349NA in the subject line.
Mahalo,
Morj Abu-&arts
Mary Alice Evans
Director
JOSH GREEN,M.D. aE o F H,y- DAWN N.S.CHANG
GOVERNOR I KE KIA'AINA P y CHAIRPERSON
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COMMISSION ON WATER RESOURCESYLVIALUKE7 . MANAGEMENT
LIEUTENANT GOVERNOR I KA HOPE KIA'AINA F p
cRYAN K.P.KANAKA'OLEffi: FIRST DEPUTY
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ACTING DEPUTY DIRECTOR-WATER
AQUATIC RESOURCES
STATE OF HAWAII I KA MOKU`AINA'0 HAWAII
BOATING AND
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BUREAU OF CONVEYANCES
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Py 4P' DEPARTMENT OF LAND AND NATURAL RESOURCES CONSERVATION AND
oQ KA`OIHANA KUMUWAIWAI 'AINA CONSERVATION AND RESOURCES
ENFORCEMENTENGINEERING
FORESTRY AND WILDLIFE
DIVISION OF FORESTRY AND WILDLIFE KAHOOLAHWEISLANDRESSERVETCOOMMISSION
1151 PUNCHBOWL STREET, ROOM 325 LAND
HAWp\\ STATE PARKS
HONOLULU, HAWAII 96813
May 24, 2024
Log no.4503
MEMORANDUM
TO: RUSSELL Y. TSUJI, Administrator
Land Division
FROM: LINDSEY NIETMANN, Acting Wildlife Program Manager
Division of Forestry and Wildlife
SUBJECT: Request for Comments on Change of Zone Application (PL-REZ-
2024-000057); Request to Change Zone from Agricultural - 20 Acres
A-20a) to Family Agricultural - 1 Acre (FA-1a) for 26.762 Acres of
Land; Graphic Images Hawaii, Inc.; Kea'au, Puna, Island of Hawaii.
The Department of Land and Natural Resources, Division of Forestry and Wildlife
DOFAW) has received your request for comments on the Change of Zone Application
PL-REZ-2024-000057) submitted by Graphic Images Hawaii, Inc. to change zoning
from Agricultural - 20 Acres (A-20a) to Family Agricultural - 1 Acre (FA-1 a) for 26.762
acres of land in Kea`au, Puna, Tax Map Keys: (3) 1-6-003:081 and 129. The proposed
project site is situated west or mauka of the old Kea`au Pahoa Highway (Mile Post 1),
immediately adjacent to and south of the Ola Hou Estates Subdivision. It is located
approximately 3.8 miles from the nearest shoreline and is not situated within the Special
Management Area. No professional flora or faunal surveys were conducted of the
project site due to its extensively altered condition due to its former use as sugarcane
land and its recent use as a nursery with the cultivation of commercial dracaena, rhapis
palms, and avocado trees on most of the property.
DOFAW concurs with the measures included in the Change of Zone Application
intended to avoid construction and operational impacts to State-listed species including
the `ope`ape`a or Hawaiian Hoary bat (Lasiurus cinereus semotus), lo or Hawaiian
Hawk (Buteo solitarius), pueo or Hawaiian Short-eared Owl (Asio flammeus
sandwichensis), and seabirds. For illustrations and guidance related to seabird-friendly
light styles that also protect the dark, starry skies of Hawaii please visit
https://dlnr.hawaii.gov/wildlife/files/2016/03/DOC439.pdf. We also appreciate the
measures outlined to employ Best Management Practices during and after construction
to contain any soils and sediment with the purpose of preventing damage to near-shore
waters and marine ecosystems. DOFAW provides the following additional comments
regarding the potential for the proposed work to affect listed species in the vicinity of the
project area.
Artificial lighting can adversely impact seabirds that may pass through the area at night
by causing them to become disoriented. This disorientation can result in their collision
with manmade structures or the grounding of birds. For nighttime work that might be
required, DOFAW recommends that all lights used be fully shielded to minimize the
attraction of seabirds. Nighttime work that requires outdoor lighting should be avoided
during the seabird fledging season, from September 15 through December 15, when
young seabirds make their maiden voyage to sea.
If nighttime construction is required during the seabird fledgling season (September 15
to December 15), we recommend that a qualified biologist be present at the project site
to monitor and assess the risk of seabirds being attracted or grounded due to the
lighting. If seabirds are seen circling around the area, lights should then be turned off. If
a downed seabird is detected, please follow DOFAW's recommended response protocol
by visiting https://dlnr.hawaii.gov/wildlife/seabird-fallout-season/
Permanent lighting also poses a risk of seabird attraction, and as such should be
minimized or eliminated to protect seabird flyways and preserve the night sky. For
illustrations and guidance related to seabird-friendly light styles that also protect
seabirds and the dark starry skies of Hawaii please visit
https://dInr.hawaii.gov/wildlife/files/2016/03/DOC439.pdf.
The endemic pueo or Hawaiian Short-Eared Owl (Asio flammeus sandwichensis) could
potentially nest in the project area. Pueo nest on the ground and active nests have been
found year-round. Before any potential vegetative alteration, especially ground-based
disturbance, we recommend that line transect surveys are conducted during
crepuscular hours through the project area. If a pueo nest is discovered, a minimum
buffer distance of 100 meters from the nest should be established until chicks are
capable of flight.
The State-listed lo or Hawaiian Hawk (Buteo solitarius) may occur in the project vicinity.
Prior to undertaking vegetation clearing, DOFAW recommends that pre-construction
surveys of the area be conducted by a qualified biologist following appropriate survey
methods (Gorressen et al., 2008) to ensure no Hawaiian Hawk nests are present, which
may occur during the breeding season from March to September. The survey should be
conducted at least 10 days prior to the start of construction. If an lo nest is detected, a
buffer zone of 100 meters (330 feet) should be established around it where no
construction shall occur until the chick or chicks have fledged, or the nest is abandoned
and DOFAW staff should be immediately notified. If adult individuals are detected in the
area during construction, all activities within 30 meters (100 feet) of the bird should
cease. Work may continue when the bird has left the area on its own.
Gorresen, P. M., R. J. Camp, J. L. Klavitter, and T. K. Pratt. 2008. Abundance, distribution and population
trend of the Hawaiian Hawk: 1998-2007. Hawaii Cooperative Studies Unit Technical Report HCSU-009.
University of Hawaii at Hilo. 53 pp., incl. 8 figures, 3 tables & 1 appendix.
DOFAW recommends minimizing the movement of plant or soil material between
worksites. Soil and plant material may contain detrimental fungal pathogens (e.g., Rapid
Ohi`a Death), vertebrate and invertebrate pests (e.g., Little Fire Ants, Coqui Frogs,
etc.), or invasive plant parts (e.g., African Tulip, Octopus Tree, Trumpet Tree, etc.) that
could harm our native species and ecosystems. We recommend consulting the Big
Island Invasive Species Committee (BIISC) at (808) 933-3340 to help plan, design, and
construct the project, learn of any high-risk invasive species in the area, and ways to
mitigate their spread. All equipment, materials, and personnel should be cleaned of
excess soil and debris to minimize the risk of spreading invasive species.
To prevent the spread of Rapid `Ohi`a Death (ROD), DOFAW requests that the
information and guidance at the following website be reviewed and followed if `Ohi`a
trees are present at the project site that will be removed, trimmed, or potentially injured:
https://cros.ctahr.hawaii.edu/rod.
The invasive Coconut Rhinoceros Beetle (CRB) or Oryctes rhinoceros is found on the
islands of O`ahu, Hawaii Island, Maui and Kauai. On July 1 , 2022, the Hawaii
Department of Agriculture (HDOA) approved Plant Quarantine Interim Rule 22-1 . This
rule restricts the movement of CRB-host material within or to and from the island of
O`ahu, which is defined as the Quarantine Area. Regulated material (host material or
host plants) is considered a risk for potential CRB infestation. Host material for the
beetle specifically includes (a) entire dead trees, (b) mulch, compost, trimmings, fruit
and vegetative scraps, and (c) decaying stumps. CRB host plants include the live palm
plants in the following genera: Washingtonia, Livistona, and Pritchardia (all commonly
known as fan palms), Cocos (coconut palms), Phoenix (date palms), and Roystonea
royal palms). When such material or these specific plants are moved there is a risk of
spreading CRB because they may contain CRB in any life stage. For more information
regarding CRB, please visit https://dlnr.hawaii.gov/hisc/info/invasive-species-
profiles/coconut-rhinoceros-beetle/.
Avoid importing soil or other plant material from off-island. Soil and plant material may
contain fungi (e.g., Rapid `Ohi`a Death) and other pathogens that could harm our native
species and ecosystems. We recommend consulting the Hawaii Interagency
Biosecurity Plan at http://dlnr.hawaii.gov/hisc/plans/hibp/ in planning, design, and
construction of the project.
DOFAW recommends using native plant species for landscaping that are appropriate
for the area, i.e., plants for which climate conditions are suitable for them to thrive,
plants that historically occurred there, etc. Please do not plant invasive species.
DOFAW also recommends referring to www.plantpono.orq for guidance on the selection
and evaluation of landscaping plants and to determine the potential invasiveness of
plants proposed for use in the project.
DOFAW is concerned about impacts to vulnerable native birds from nonnative predators
such as cats, rodents, and mongooses. We recommend taking action to minimize
predator presence; remove cats, place bait stations for rodents and mongoose, and
provide covered trash receptacles.
Cats prey on native birds, including State-listed endangered waterbirds, seabirds, and
forest birds. Predation is instinctive and means that even well-fed cats will hunt and kill
wildlife. Therefore, DOFAW recommends that homeowner associations request that
residents with pet cats be kept indoors or safely contained. In addition, no feeding of
feral cats should occur on the premises.
We appreciate your efforts to work with our office for the conservation of our native
species. These comments are general guidelines and should not be considered
comprehensive for this site or project. It is the responsibility of the applicant to do their
own due diligence to avoid any negative environmental impacts. Should the scope of
the project change significantly, or should it become apparent that threatened or
endangered species may be impacted, please contact our staff as soon as possible. If
you have any questions, please contact Kate Cullison, Protected Species Habitat
Conservation Planning Coordinator via email at katherine.cullison@hawaii.gov.
Sincerely,
LINDSEY NIETMANN
Acting Wildlife Program Manager
Daryn Arai
Land Use Planning Consultant
P.O. BOX 4501, HILO HAWAII 96720
PHONE: (808) 895-3218 EMAIL: DARYN ARAI@OUTLOOK.COM
June 10, 2024
Mr. Zendo Kern, Planning Director
County of Hawaiʻi Planning Department
101 Pauahi Street, Suite 3
Hilo, HI 96720
Dear Director Kern:
Subject: Response to Agencies’ comments regarding
Change of Zone Application PL-REZ-2024-000057
Applicant: Graphic Images Hawaii, Inc.
TMK: 1-6-003:081 & 129, Keaʻau, Puna, Hawaiʻi
This letter will respond to comments received, to date, from consulting agencies that have
reviewed the above-described request. We appreciate these agencies’ comments being provided
to the Applicant.
Office of Planning & Sustainable Development (OPSD) – memo dated May 6, 2024
The Applicant concurs with the findings of OPSD that the proposed rezoning is consistent
with the State’s Coastal Zone Management (CZM) laws (Chapter 205A, Hawaiʻi Revised
Statutes).
The Applicant will adhere to CZM laws regarding proper notification and action regarding
any inadvertent discovery of archaeological features during land clearing and construction
activities and mitigating actions as described above regarding precautionary measures to
avoid impacts to threatened or endangers birds and the Hawaiian Hoary Bat, as discussed
further below in response to the Division of Forestry and Wildlife (DOFAW).
While the Applicant appreciates the desire of OPSD to seek smaller lots and higher
residential densities given the proximity of the subject property to the Keaʻau Town Center,
such higher densities should occur in closer proximity to the Town Center boundaries, with
the subject property adjoining or in very close proximity to existing residential-agricultural
subdivisions (35-lot Ola Hou Estates and 322-lot Keaau Agricultural Lots). These
residential-agricultural subdivisions, like the proposed 23-lot subdivision, establishes
transitional communities between the Town Center urban core and more expansive
agricultural lands beyond.
Mr. Zendo Kern, Planning Director
County of Hawaiʻi Planning Department
Page 2 of 4
June 10, 2024
Finally, the Applicant recognizes the desire for a road stub-out at the northeastern end of the
subject property in order to facilitate a direct access onto the Keaʻau-Pahoa Road. The
Applicant will continue to explore the possibility of a direct access, as these plans represent a
conceptual design.
Department of Health - memo dated April 12, 2024)
The Applicant acknowledges that the Department of Health will allow for the use of
individual wastewater systems (IWS) to support the proposed 23-lot family agricultural
subdivision as each proposed lot will be larger than 10,000 square feet in size and will not
accommodate any multiple-family residential units.
The Applicant will coordinate with the Departments of Health and Public Works to ensure
compliance with NPDES requirements during the design and construction of storm water
systems within the proposed subdivision.
Similarly, the Applicant will comply with air and water quality standards during
construction of subdivision-related improvements as such notations are disclosed during the
review and approval of construction drawings related to grading, roadway and utility
construction, and drainage systems.
Finally, existing structures located on the subject property will be demolished in accordance
with applicable requirements of the Department of Health regarding vector control, and the
proper disposal of waste material at approved disposal sites.
Department of Land and Natural Resources - Land and Engineering Divisions - memo dated
April 30, 2024
The Applicant notes that both the Land and Engineering Divisions of the State Department of
Land and Natural Resources had no comments regarding the requested change of zone and
proposed subdivision.
DLNR-Division of Forestry and Wildlife (DOFAW) (memo dated May 24, 2024)
The Applicant acknowledges the concurrence of DOFAW with measures presented within its
application intended to avoid construction and operational impacts to State-listed species that
include the Hawaiian Hoary Bat, Hawaiian Hawk and Hawaiian Short-eared owl and
seabirds.
If any Pueo nest is identified on the subject property, the Applicant will inform the DOFAW
and immediately maintain a minimum buffer distance of 100 meters from the nest until such
time the chicks are capable of flight. The Applicant will likewise take care to conduct a
survey of the subject property prior to any land clearing activities to determine if Hawaiian
Hawk nests are present and employ similar buffer zone until the chicks have fledged. If adult
Mr. Zendo Kern, Planning Director
County of Hawaiʻi Planning Department
Page 3 of 4
June 10, 2024
hawks are present, all land clearing or construction activities within 30 meters of the bird will
cease until the bird departs the area on its own accord. The Applicant will not conduct any
land clearing activities during the hawk breeding season from March to September, in order
to minimize any disruptive encounters with the hawk.
As this will be a family agricultural residential subdivision, it will be difficult to regulate the
shielding of artificial lighting to minimize its effect upon seabirds that may pass through the
area at night. Homeowners are expected to comply with the County’s lighting ordinance
regarding the installation and proper use of lighting instruments. No night-time work,
requiring outdoor lighting, will be performed due to potential disturbances such nighttime
activities may have upon nearby residential neighborhoods.
Finally, the Applicant will follow mitigation protocols to minimize the spread of Rapid
ʻŌhiʻa Death (ROD) should the tree be encountered during land clearing activities.
Likewise, special attention will be made to manage the transport of host material from the
subject property that could host the invasive coconut Rhinoceros beetle.
Department of Environmental Management - memo dated April 3, 2024
We note that the Wastewater Division directs the Applicant to comply with State Department
of Health requirements since the project site is not serviced by the County’s sewer system.
Each individual homeowner will be responsible for the installation of compliant septic
systems during home construction.
As recommended by the Solid Waste Division, the Applicant will responsibly reuse
aggregates and other construction and demolition waste generated by the proposed
subdivision development. The Applicant will also manage the disposal of greenwaste
generated by land clearing to proper composting facilities and will prohibit construction-
related waste from the County transfer stations.
Police Department - memo dated April 11, 2024
The Police Department does not anticipate any impact to traffic and/or public safety concerns
as a result of the requested change of zone.
Mr. Zendo Kern, Planning Director
County of Hawaiʻi Planning Department
Page 4 of 4
June 10, 2024
We hope that we have adequately responded to comments offered by the respective agencies.
Please feel free to contact me should there be any questions or need for additional information.
Sincerely,
DARYN ARAI
Land Use Planning Consultant
cc via email: Ms. Laurie Higashi, Graphic Images Hawaii, Inc.
Mr. Roland Higashi, Graphic Images Hawaii, Inc.
COH PLANNING DEPT
JUN 7 2024°M5:03
May 15, 2024
Planning Department C
101 Pauahi St. Suite 3
Hilo, HI 96720
Attn: Daryn Arai and
All Involved in New Subdivision Development
We have no objections to the proposed new subdivision which on the map shows to
be adjacent to Ola Hou Estates.
However,we do strongly object to the entrance and exit to this development. The map
shows Mamaka St. and Ohiohi St. to be the only entrance and exit for both
subdivisions. With an addition of 23 more 1 acre lots to be developed to add to the 30
lots in Ola Hou and with the only entrance and exit being via Mamaka St and Ohiohi
St, the traffic and safety impact on both subdivisions will be unacceptable. As is, we
need speed bumps! Very few comply with the 25 mph speed limit.
Our home is on the corner of Mamaka and Ohiohi. We love our home and the
peacefulness of the neighborhood. Other homeowners on Mamaka and Ohiohi Sts.
would similarly be impacted by additional vehicle and pedestrian traffic, along with
the noise factor. Our peaceful quiet neighborhood would disappear.
Most important, we have safety concerns with one way in and one way out for Fire,
EMS, Police, Traffic, Pedestrians and Residents. The impact will be on all current and
future residents of Ola Hou Estates as well as future residents of the new subdivision.
The new proposed subdivision would only be acceptable as a separate entity with its
own entrance and exit.
We look forward to your response to our concerns.
Sincerel ,
John and Sylvia Ringgold
16-4018 Ohiohi St. Ola Hou Estates
Daryn Arai
Land Use Planning Consultant
P.O. BOX 4501, HILO HAWAII 96720
PHONE: (808) 895-3218 EMAIL: DARYN ARAI@OUTLOOK.COM
July 18, 2024
Mr. Zendo Kern, Planning Director
County of Hawaiʻi Planning Department
101 Pauahi Street, Suite 3
Hilo, HI 96720
Dear Director Kern:
Subject: Response to Public Comments regarding
Change of Zone Application PL-REZ-2024-000057
Applicant: Graphic Images Hawaii, Inc.
TMK: 1-6-003:081 & 129, Keaʻau, Puna, Hawaiʻi
This letter will respond to comments received from John and Sylvia Ringgold regarding
the above-described rezoning application.
Mr. & Mrs. Ringgold reside within the adjoining Ola Hou Estates, at the intersection of
Mamaka and Ohiohi Streets. We note that they do not object to the 23-lot subdivision proposed
by the Applicant. However, they do strongly oppose Mamaka Street as being the only means of
access for both the existing Ola Hou Estate subdivision as well as the proposed 23-lot
subdivision.
The addition of 23 additional lots onto Mamaka Street is not anticipated to create a
significant traffic burden that exceeds the design capacity of Mamaka Street and its intersection
with the Old Keaau-Pahoa Road. The Police Department confirmed this assessment by stating
that “The Police Department does not anticipate any impact to traffic and/or public safety
concerns as a result of the requested change of zone.”
The Ringgold’s also noted the potential disruption of “the peacefulness of the
neighborhood” should this project be approved due to additional pedestrian and vehicular traffic
and noise. There is a reason that the roads within Ola Hou Estates were ‘stubbed-out” to
adjoining properties and approved by the County, as it anticipated the potential development of
adjoining lands. Interconnecting of local streets between subdivisions has been a requirement
promoted for decades by the County in order to disperse traffic as well as to provide
interconnectivity for lands that do not have direct frontage with any government public road. In
this particular instance, the only public road available to the subject property is Mamaka Street
via Ohiohi Street, both of which are constructed to full County-dedicable standards and accepted
by the County as a part of its public roadway system.
Mr. Zendo Kern, Planning Director
County of Hawaiʻi Planning Department
Page 2 of 4
July 18, 2024
It is acknowledged that the proposed subdivision will bring additional traffic along both
Mamaka and Ohiohi Streets, but not to the level that will debilitate traffic conditions along these
roadways or at its intersection with the Old Keaau-Pahoa Road. Regarding safety, these streets
are constructed to full-County standards and able to accommodate traffic generated by the
proposed subdivision. Subdivisions throughout the island, and especially in urban centers like
Hilo and Kona, carry much greater volumes of traffic along similarly constructed roadways.
Regarding a dedicated connection to the Old Keaau-Pahoa Road, such a connection is
simply not available at this time. The Applicant will be receptive to any direct connection
opportunities should they arise prior to the submittal of a subdivision application with the
County, should this rezoning action be approved by the Council. In addition, the Applicant is
willing to agree to a condition that would require a roadway stub-out at the subject property’s
northeastern (makai) property boundary to ensure that a future roadway connection with the Old
Keaau-Pahoa Road is not foreclosed. It should be noted that this roadway stub-out commitment
will only apply should the Parcel 83 (Lot 1-A) not be acquired by Hawaiʻi Health Systems
Corporation. Towards this end, should a favorable recommendation of the requested rezoning be
issued by the Planning Director, the Applicant offers the following proposed condition:
• The proposed subdivision shall provide for County-dedicable standard roadway stub-
outs at its northeast (makai), southwest (mauka) and southeast (adjoining TMK: 1-6-
003:009) project site boundaries to facilitate future roadway connections with
adjoining properties and nearby roadway systems. The northeast (makai) roadway
stub-out shall not apply should TMK: 1-6-003:081 (Lot 1-A) be acquired by the
Hawaiʻi Health Systems Corporation (HHSC) for the purpose of developing a
proposed medical center.
Should the HHSC acquire the 7.013-acre portion (Parcel 81) of the Project Site, it will
significantly reduce the number of proposed lots that can be developed on the remaining land
area and significantly reduce the total number of vehicle trips anticipated to utilize Mamaka and
Ohiohi Streets within the adjoining Ola Hou Estates.
The Applicant hopes that this response adequately addresses the concerns conveyed by
the Ringgolds. Please feel free to contact me should there be any questions or need for
additional information.
Sincerely,
DARYN ARAI
Land Use Planning Consultant
cc via email: Ms. Laurie Higashi, Graphic Images Hawaii, Inc.
Mr. Roland Higashi, Graphic Images Hawaii, Inc.