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HomeMy WebLinkAbout2024-12-11 Ka'ū CDP Meeting Packet County of Hawai‘i KAʻŪ COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaiʻi 96720 (808) 961-8288 • Fax (808) 961-8742 C. Kimo Alameda, Ph.D. Mayor Jesse Ke Kaʻohinani Mokuhaliʻi Vacant Babette Morrow Jason Masters, Chair Pernell Hanoa, Vice-Chair Catherine Williams Kaweni Ibarra Vacant NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN of the following matters to be considered by the Kaʻū Action Committee in accordance with the provisions of Section 92-7, Hawaiʻi Revised Statutes (HRS). This meeting will be held in-person at the location listed in this notice and by Interactive Conference Technology (ICT) through Zoom. DATE: Wednesday, December 11, 2024 TIME: 5:00 P.M. IN PERSON LOCATION: Planning Department Conference Room 101 Pauahi Street Suite 3 Hilo, HI 96720 ONLINE/ZOOM: https://www.zoomgov.com/meeting/register/vJIscOCrrjgtE-8di_2HF3APS6OP2h4cHo4 NOTICE REGARDING PUBLIC TESTIMONY: The public may provide oral testimony at the meeting by joining Zoom or attending in-person at the physical location listed above. Although not required, to register in advance for oral testimony please contact staff at cdp@hawaiicounty.gov or (808) 961-8288. Pursuant to §92-3, HRS, interested persons who want to provide oral testimony may do so either at the time the committee takes public statements on the agenda, or at the time the specific agenda item is called. Please note that public testimony may be limited to three (3) minutes in length per agenda item. In addition, although not required, to ensure timely delivery of written testimony to committee members, it is requested that written testimony be submitted by 4:30 p.m. at least two business days prior to the meeting via email to cdp@hawaiicounty.gov or in person at the Hilo or Kona Planning Department. When submitting written testimony, please specify for which agenda item written testimony is being submitted. All written testimony will be a part of the public record. NOTICE REGARDING INTERACTIVE CONFERENCE TECHNOLOGY (ICT): A meeting held by ICT shall be automatically recessed for up to 30 minutes to restore communication when audiovisual communication cannot be maintained with all members participating in the meeting or with the in-person location identified in this notice. The meeting may reconvene when either audiovisual communication is restored, or audio-only communication is established after an unsuccessful attempt to restore audiovisual communication. If it is not possible to reconvene the meeting as provided in this subsection within 30 minutes after an interruption to communication, the meeting will be automatically terminated. AGENDA I. CALL TO ORDER & ROLL CALL II. APPROVAL OF THE MINUTES: The Committee will consider approving the draft minutes from November 20, 2024. III. PUBLIC TESTIMONY ON AGENDA ITEMS: Pursuant to §92-3, HRS, interested persons who want to provide oral testimony may do so now, or at the time the specific agenda item is called. Public testimony may be limited to three (3) minutes in length per agenda item. IV. BUSINESS: 1. Letter to Agencies Regarding Nāʻālehu Hill Subdivision – Phase 1 (PL-SUB-2024-000279) – Discussion and potential action on providing comment to relevant agencies regarding the pending consolidation and re-subdivision application (TMK: (3) 9-5-008:001). V. NEW BUSINESS: Action Committee members will discuss potential agenda items for the next meeting, including revisiting topics from meetings that did not have a quorum. VI. ANNOUNCEMENTS: • The Planning Department is currently seeking applicants for the Kaʻū CDP Action Committee and is requesting assistance to get the word out to interested community members. The application can be found on the Mayor’s office website at: https://www.hawaiicounty.gov/our-county/boards-commissions-application VII. ADJOURNMENT This agenda and all related documents are available in the Planning Department’s Kaʻū Community Development Plan Action Committee folder via the County of Hawaiʻi Public Documents Repository: https://records.hawaiicounty.gov/WebLink/Browse.aspx?dbid=1&startid=88959 These documents may also be requested from the Planning Department by calling (808) 961-8288 or emailing cdp@hawaiicounty.gov. NOTICE: The purpose of the public hearings is to afford all interested persons a reasonable opportunity to be heard on the above items. A person desiring to submit oral or written testimony shall indicate their name and whether the testimony is on their behalf or as a representative of an organization or individual. Written testimony can be submitted via email or hard copy. Hard copies should include an original and nine copies and be submitted no later than 4:30 p.m. two business days prior to the meeting. Anyone who requires an auxiliary aid or service, other reasonable modification, or language interpretation to access this meeting please contact the Planning Department at (808) 961-8288 or cdp@hawaiicounty.gov as soon as possible, but no later than five business days prior to the meeting date, to arrange for accommodations. If a response is received after the five-business days deadline, we will try to obtain the auxiliary aid/service or accommodation, but we cannot guarantee that the request will be fulfilled. “Other reasonable modification” refers to communication methods or devices for people with disabilities who are mentally and/or physically challenged. Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy. If you are a lobbyist, you must register with the Hawai‘i County Clerk within five days of becoming a lobbyist. (Article 15, Section 2-91.3(b), Hawai‘i County Code). A lobbyist means, “any individual engaged for pay or other consideration who spends more than five hours in any month or $275 in any six-month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials.” (Article 15, Section 2-91.3(a)(6), Hawai‘i County Code). Registration forms and expenditure report documents are available at the Office of the County Clerk-Council, 25 Aupuni Street, Hilo, Hawai‘i 96720. KAʻŪ CDP ACTION COMMITTEE KAʻŪ COMMUNITY DEVELOPMENT PLAN 1 ACTION COMMITTEE 2 COUNTY OF HAWAIʻI 3 DRAFT MINUTES 4 November 20, 2024 5 CALL TO ORDER 6 Chair Masters called the Kaʻū Community Development Plan (CDP) Action Committee (AC) 7 meeting to order at 5:16 p.m. A quorum was established with five members in attendance. This 8 meeting was held in person at the Kaʻū District Gym Multi-Purpose Room and online via the Zoom 9 platform. 10 The full YouTube video of this meeting can be found here: 11 https://www.youtube.com/watch?v=RQh6tZSM6rA 12 ROLL CALL 13 Members Present (in person): Jason Masters (Chair), Kaʻohinani Mokuhaliʻi, Kaweni Ibarra, 14 Babette Morrow, and Leinaʻala Enos 15 Members Present (via Zoom): None 16 Members Absent: Pernell Hanoa, Jesse Ke, and Catherine Williams 17 From the County (in person): Maryam Palma and Kawelo Kalili 18 There were approximately ten members of the public in attendance (8) in person and (2) via Zoom. 19 APPROVAL OF MINUTES [SEE YOUTUBE TIMESTAMP 3:07] 20 Committee member Kaweni Ibarra motioned to approve the draft minutes from the October 16, 21 2024, seconded by committee member Morrow. The motion passed unanimously. 22 PUBLIC COMMENT ON AGENDA ITEMS: [SEE YOUTUBE TIMESTAMP 4:29] 23 None. 24 BUSINESS 25 1. Waiʻōhinu Transfer Station – Discussion and action on drafted letter to Department of 26 Environmental Management to open the transfer station to 7 days a week. 27 This item was called to order at 5:21 p.m. [SEE YOUTUBE TIMESTAMP 5:40] 28 Gary Davis testimony [SEE YOUTUBE TIMESTAMP 6:20] 29 The AC discussed and unanimously approved submitting a finalized letter to the Department of 30 Environmental Management (DEM) requesting the Waiohinu Transfer Station be open seven days 31 a week. The letter will include: 32 • 267 petition signatures from community member Gary Davis in support of the proposal. 33 • A note that Kaʻū is the only district on the island without a transfer station open daily. 34 KAʻŪ CDP ACTION COMMITTEE Minutes of November 20, 2024 2 • Descriptions of attached photos highlighting issues like illegal dumping caused by limited 35 access. 36 • A reference to Section 4.6 of the Kaʻū CDP, emphasizing the protection and enhancement 37 of ecosystems. 38 • A mention of the millions spent renovating the transfer station to underline the need for 39 full utilization. 40 The letter will be sent to DEM and copied to the Planning Director, Governor, Mayor, and the 41 County Council. Chair Masters moved that the AC finalize and submit the letter with the discussed 42 changes. The motion passed unanimously. 43 This item closed at 5:55 p.m. 44 2. Pāhala Water Bottling Facility Update – Discussion and potential action on findings 45 regarding the Pāhala Water Bottling Facility. 46 This item was called to order at 5:55 p.m. [SEE YOUTUBE TIMESTAMP 44:00] 47 Chair Masters made a motion to defer this item to the next meeting, seconded by committee 48 member Mokuhaliʻi. Motion passed unanimously. 49 This item closed at 5:57 p.m. 50 3. Egress and Ingress at Green Sands Subdivision Permitted Interaction Group Report – 51 The Permitted Interaction Group will present their report to the committee. The committee may 52 ask clarifying questions, but no discussion or action may be made on the item at this meeting. 53 This item was called to order at 5:57 p.m. [SEE YOUTUBE TIMESTAMP 42:00] 54 Volunteer Fire Captain, Robert Ebert provided a report on the egress and ingress challenges at 55 Green Sands Subdivision, emphasizing two key fire safety concerns: fires move faster uphill and 56 spread rapidly with wind, creating sparks that increase risk. He highlighted public safety issues, 57 including traffic on narrow roads and the difficulties of accessing water for firefighting, which 58 exacerbate congestion. 59 Since the goal of the current Permitted Interaction Group (PIG) was to meet with fire chiefs about 60 evacuation and mitigation routes for Green Sands, Chair Masters moved to dissolve the PIG. 61 Committee member Mokuhali‘i seconded the motion, and it passed unanimously. Chair Masters 62 will conduct fact finding independently. 63 This item closed at 6:27 p.m. 64 4. Proposed Transient Accommodations Rental Code Amendment (TAR Bill) – Discussion 65 and potential decision-making on providing testimony to County Council’s TAR Bill package 66 (Bill 121 and 122). Bill 123 was signed into law on October 8, 2024. For more information: 67 https://www.hawaiicountytar.com/ 68 This item was called to order at 6:28 p.m. Due to a technical issue, the Zoom recording for this 69 portion of the meeting was disrupted. We sincerely apologize for any inconvenience this may have 70 caused and appreciate your understanding. 71 The AC noted that the County Council has temporarily put the TAR Bill on hold and will revisit it 72 for discussion once it is reopened. 73 KAʻŪ CDP ACTION COMMITTEE Minutes of November 20, 2024 3 This item closed at 6:29 p.m. 74 5. Nāʻālehu Hill Subdivision – Phase 1 (PL-SUB-2024-000279) – Discussion and potential 75 action on providing comment to relevant agencies regarding the pending consolidation and re-76 subdivision application (TMK: (3) 9-5-008:001). 77 This item was called to order at 6:29 p.m. [SEE YOUTUBE TIMESTAMP 1:16:44] 78 Committee member Morrow inquired how the subdivision parcel could be divided into so many 79 lots despite being zoned as Agricultural 20 acres (A-20a), to which Planning clarified that many 80 of the lots have exceptions to the current code. Morrow referenced policies from the Kaʻū CDP 81 relevant to the subdivision application as the AC discussed their findings and understanding of the 82 matter. Planning explained an option for the AC to provide comments to the agencies reviewing 83 the applicant’s plat map and suggested designating 1-2 members to research the application and 84 consult with the assigned Planner. 85 This item closed at 6:55 p.m. 86 PROPOSED BUSINESS FOR NEXT MEETING [SEE YOUTUBE TIMESTAMP 1:42:18] 87 1. Nāʻālehu Hill Subdivision application 88 2. Pāhala Water Bottling Facility 89 ANNOUNCEMENTS [SEE YOUTUBE TIMESTAMP 1:47:35] 90 • Leinaʻala Enos will be resigning from the committee at the end of 2024. Mahalo to her 91 for all her time and dedication to the Kaʻū CDP Action Committee over the years. 92 • The Planning Department is currently seeking applicants for the Kaʻū CDP Action 93 Committee and is requesting assistance to get the word out to interested community 94 members. The application can be found on the Mayor’s office website at: 95 https://www.hawaiicounty.gov/our-county/boards-and-commissions/boards-and-96 commissions-application 97 • The Cultural Resource Commission currently has vacancies, and interested individuals 98 can apply through the County's website: https://www.hawaiicounty.gov/our-99 county/boards-and-commissions/boards-and-commissions-application 100 ADJOURNMENT 101 Chair Masters adjourned this meeting at 7:07 p.m. 102 These minutes and all related documents are available in the Planning Department’s Kaʻū 103 Community Development Plan Action Committee folder via the County of Hawaiʻi Public 104 Documents Repository. These documents may also be requested from the Planning Department 105 by calling (808) 961-8288 or emailing cdp@hawaiicounty.gov. 106 County of Hawai‘i Planning Department Website: www.planning.hawaiicounty.gov · Email: planning@hawaiicounty.gov East Hawai‘i Office · 101 Pauahi Street, Suite 3 · Hilo, Hawai‘i 96720 Phone (808) 961-8288 · Fax (808) 961-8742 West Hawai‘i Office · 74-5044 Ane Keohokālole Hwy · Kailua-Kona, Hawai‘i 96740 Phone (808) 323-4770 · Fax (808) 327-3563 SUBDIVISION AND/OR CONSOLIDATION APPLICATION SUBDIVIDER: SIGNATURE(S): DATE: ADDRESS: PHONE NUMBER: EMAIL: SUBDIVIDER’S INTEREST: (If not the recorded owner) Any entity acting on behalf of recorded landowner must also provide written authorization. RECORDED OWNER(S): SIGNATURE(S): DATE: (All recorded owners must sign. Attach additional pages if necessary.) DATE: DATE: ADDRESS: PHONE NUMBER: EMAIL: ENGINEER / SURVEYOR: Authorization letter attached? ☐Yes ☐No ADDRESS: PHONE NUMBER: EMAIL: DESCRIPTION OF SUBDIVISION: TAX MAP KEY(S): NO. OF LOTS: AVE. SIZE LOTS: ZONING: TOTAL ACRES: THIS APPLICATION MUST BE ACCOMPANIED BY: 1.Preliminary map drawn to scale, stamped, signed by a licensed surveyor, and prepared in accordance with Article 4, Divisions 1 and 2, Chapter 23, Subdivision Control Code of the County of Hawai‘i. This also includes a vicinity map. The Planning Director requests an additional copy of the Final Plat Map to be submitted as a “.dwg” or “.dxf” file prepared by CAD software. 2.Filing fee based on $250.00 plus $25.00 per lot resulting from the subdivision and/or consolidation action, exclusive of roadway or easement parcels. 3.Letter of transmittal and completed application form. 4.Written authorization from landowner(s) authorizing an engineer, surveyor, or other agent to act on their behalf, if applicable. WITHIN TEN (10) DAYS OF FILING THIS APPLICATION, THE APPLICANT SHALL POST A SIGN NOTIFYING THE PUBLIC OF THE SUBDIVISION/CONSOLIDATION APPLICATION (see reverse). Kau Royal Hawaiian Coffee & Tea LP Kau Royal Hawaiian Coffee & Tea LP Engineering Partners, Inc. 455 E. Lanikaula Street, Hilo, HI 96720 (808) 933-7900 Info@epinc.pro (3) 9-5-008:001 (por.) This consolidation/resubdivision action is in agreement with Section 23-7 33 6.697 ac.261.17+A-20 of the Hawaii Count Code - SEE "EXHIBIT A" Fee Owner Communication No. 2024-13 “EXHIBIT A" PRELI M INARY NA’ALEHU HILL SUBDIVISION MAP PHASE 1 C ONSOLIDATION AND RESUBDIVISION OF Portion of R.P. Grant No. 1377 to D.F. Sanford, Portion of R.P. No. 6216, L.C. AW. No. 9084, AP 1 to Keliiwaaole, Portion of R.P. No. 3204, L.C. AW. No. 8787-B, AP. 3 to Kupele, Portion of R.P. No. (None), L.C. AW. No. 9258. AP. 1 to K alik i, Portion of R.P. No. (None), L.C. AW. No. 10338, AP. 1 to Naeole, Portion of R.P. Grant No. 1741 to Kalaikoa, Portion of R.P. No. 3205, L.C. AW. No. 7629-B, AP. 1 To Kailimakule, Portion of R.P. No. 7403, L.C. AW. No. 9228 to Kukalohe, Portion of R.P. No. 6832, L.C. AW. No. 9250 to Kawaha, Portion of R.P. No. 7686, L.C. AW. No. 7629 to Kalimapaahana, Portion of R.P. No. 6660, L.C. AW. No. 10304, AP. 2 to Nauka, Portion of R.P. No. (None), L.C. AW. No. 8787-D to Kauka, Royal Patent Grant No. 2152, AP. 1 to Kalimapahana, Royal Patent Grant No. 2052. AP. 2 to Hailama, Royal Patent No. (None), L.C. AW. No. 87 54-D to Naonoaina, Royal Patent No. (None), L.C. AW. No. 110344, AP. 1 to Napumaia, Royal Patent No. 3210, L.C. AW. No. 7552, AP. 2 to Kukui, Portion of L.P. Grant No. 8668-A to Hutchinson Sugar Plantation Co., Portion of L.P. Gant No. 8668-B to Hutchinson Sugar Plantation Co., Portion of L.P. Grant No. 8668-C to Hutchinson Sugar Plantation Co., Portion of L.P. Grant No. 8668-D to Hutchinson Sugar Plantation Co., Land Patent Grant No. 5863 to Bertha Taylor, Portion of R.P Grant No. 2463, AP.1 to Puhi, Royal Patent No. (None), L.C. AW. No. 8754-G to Opukoa, Portion of R.P. No. 6906, L.C. AW. No. 8754-F to Pahupu, Portion of R.P. No. 6466, L.C. AW. No. 108867 AP. 1 to Palea, Royal Patent 7327, L.C. AW. No 10170 to Meheula, Royal Patent No. 4169, L.C. AW. No. 9112, AP. 2 to Kahana, Portion of R.P. No. 6455, L.C. AW. 10886 to Nuinuimakua, Portion of R.P. No. 6660, L.C. AW. No. 10304, AP. 1 to Nauka, Portion of R.P. No. 6822, L.C. AW. No. 9098 to Kikoopua, and Portion of R.P. No. 7971, L.C. AW. No. 9225-B to Keawe. and Resubdivision into Lots: Z1- 1 to Z1-3, Z2- 1 to Z2-33, Z3-1 to Z3-3, Inclusive, Road Lots A to G and Designation of Easements 1 to 5 Situate at Kahilipali & Kaunamano, Ka’u, ISLAND AND COUNTY OF HAWAI'I, HAWA1' I TMK : (3 RD DIV.) 9-5-008:001 P o rt ion County of Hawai‘i PLANNING DEPARTMENT www.planning.hawaiicounty.gov Hawai‘i County is an Equal Opportunity Provider and Employer planning@hawaiicounty.gov Zendo Kern Director Jeffrey W. Darrow Deputy Director Mitchell D. Roth Mayor Deanna S. Sako Managing Director East Hawai‘i Office 101 Pauahi Street, Suite 3 Hilo, Hawai‘i 96720 Phone (808) 961-8288 Fax (808) 961-8742 West Hawai‘i Office 74-5044 Ane Keohokālole Hwy Kailua-Kona, Hawai‘i 96740 Phone (808) 323-4770 Fax (808) 327-3563 October 11, 2024 Cres Rambayon Engineering Partners, Inc. 455 E. Lanikāula Street Hilo, HI 96720 Dear Cres Rambayon: PRELIMINARY PLAT MAP & DEFER ACTION SUBDIVIDERS: Kau Royal Hawaiian Coffee & Tea LP Proposed Consolidation of Multiple Grants, And Land Commission Awards (See attached Supplemental Sheet) “Nā‘ālehu Hill Subdivision – Phase I” And Resubdivision Into Lots Z1-1, Z1-2, Z1-3, Lots Z2-1 through Z2-33, Inclusive, Lots Z3-1, Z3-2, Z3-3, Road Lots A through G, Inclusive, Designation of Easements 1 through 5, Inclusive, And Remainder Kāhilipali & Kaunāmano, Kāʻu, Island of Hawaii, Hawaiʻi TMK: (3) 9-5-008:001 _ (PL-SUB-2024-000279)___ This is to acknowledge receipt of your completed application on August 29, 2024, consisting of the preliminary plat map dated August 30, 2024; Affidavit of Sign Posting; and filing fee of $1,225.00 for the referenced application for thirty-nine (39) lots, seven (7) road lots, designation of five (5) easements, and a remainder. By a copy of this letter, we are forwarding the application and preliminary plat map to the listed officers for their review and comments. Please be advised that we are deferring action on the referenced application until all listed officers’ comments are received. Communication No. 2024-14 Cres Rambayon Engineering Partners, Inc. Preliminary Plat Map & Deferral PL-SUB-2024-000279 October 11, 2024 Page 2 Please note that although we are accepting this application, we are requesting minor corrections to the preliminary plat map in compliance with Hawai‘i County Code requirements. Please see the following: 1. Please label any exclusions (other parcels) to the proposed subdivision. 2. Provide information on the remainder size calculations. 3. Please label the owner’s name on the Preliminary Plat Map. 4. Please provide a consistent date for any future map submittals. 5. There are thirty-nine (39) proposed lots and a remainder. Only thirty-seven (37) Grants/Land Commission Awards were listed as being used for the proposed consolidation/resubdivision action. Please include two (2) more Grants/Land Commission Awards that you will be using from the remaining pre-existing lots listed on the Revised Pre-Existing Lot of Record Determination letter dated October 8, 2014, and additional Information letter dated September 15, 2015. We assume that Grant 5917 will be one of those land titles being used to account for a portion of land located within proposed Lot Z2-28. 6. Please provide discussion as to the layout of Lots Z1-2 & Z1-3 with respect to the government right-of-way that was used to determine pre-existing lots. 7. Clearly define existing government rights-of-way and new road lots created to account for meandering of the physical roadways. 8. Please correct typographical errors in your supplemental list of Grants and Land Commission Awards. 9. There is a remaining processing fee of $25 required for the remainder that was not included with the application. Please submit the remaining balance of $25 at your earliest convenience. 10. Please note that there may be additional clarification questions and modifications requested as necessary. Should you have any questions, please feel free to contact Hans Santiago at hans.santiago@hawaiicounty.gov or Jaslyn Nathaniel at jaslyn.nathaniel@hawaiicounty.gov. Sincerely, ZENDO KERN Planning Director for Jeffrey W. Darrow (Oct 25, 2024 09:12 HST) Jeffrey W. Darrow Cres Rambayon Engineering Partners, Inc. Preliminary Plat Map & Deferral PL-SUB-2024-000279 October 11, 2024 Page 3 JYN:cn \\hawaiicounty.gov\depts\PL\PL\planning\public\Admin Permits Division\Subdivision\2024\2024-4\PL-SUB-2024-000279 Kona Royal Hawaiian Coffee & Tea LP PPMDEF 10-11-24.doc Encl.: Application, Supplemental Sheet, & PPM (08/30/24) cc: Manager, DWS Director, DPW District Environmental Health Program Chief, DOH Director, DEM Jason Knable, Carlsmith Ball LLP Program Manager, Nā Ala Hele Trails Eugene Harrell, Engineering Partners Kāʻu Royal Hawaiian Coffee & Tea LP Cres Rambayon Engineering Partners, Inc. Preliminary Plat Map & Deferral PL-SUB-2024-000279 October 11, 2024 Page 4 Supplemental “ Nā‘ālehu Hill Subdivision - Phase 1” Proposed Consolidation of: Portion of R.P. Grant No. 1377 to D.F. Sanford, Portion of R.P. No. 6216, L.C. AW. No. 9084, AP 1 to Keliiwaaole, Portion of R.P. No. 3204, L.C. AW. No. 8787-B, AP. 3 to Kupele, Portion of R.P. No. (None), L.C. AW. No. 9258. AP. 1 to Kaliki, Portion of R.P. No. (None), L.C. AW. No. 10338, AP. 1 to Naeole, Portion of R.P. Grant No. 1741 to Kalaikoa, Portion of R.P. No. 3205, L.C. AW. No. 7629-B, AP. 1 To Kailimakule, Portion of R.P. No. 7403, L.C. AW. No. 9228 to Kukalohe, Portion of R.P. No. 6832, L.C. AW. No. 9250 to Kawaha, Portion of R.P. No. 7686, L.C. AW. No. 7629 to Kalimapaahana, Portion of R.P. No. 6660, L.C. AW. No. 10304, AP. 2 to Nauka, Portion of R.P. No. (None), L.C. AW. No. 8787-D to Kauka, Royal Patent Grant No. 2152, AP. 1 to Kalimapahana, Royal Patent Grant No. 2052. AP. 2 to Hailama, Royal Patent No. (None), L.C. AW. No. 8754-D to Naonoaina, 2 Portions of Royal Patent No. (None), L.C. AW. No. 10344, AP. 1 to Napumaia, 2 Portions of Royal Patent No. 3210, L.C. AW. No. 7552, AP. 2 to Kukui, Portion of L.P. Grant No. 8668-A to Hutchinson Sugar Plantation Co., Portion of L.P. Gant No. 8668-B to Hutchinson Sugar Plantation Co., Portion of L.P. Grant No. 8668-C to Hutchinson Sugar Plantation Co., 2 Portions of L.P. Grant No. 8668-D to Hutchinson Sugar Plantation Co., 2 Portions of Land Patent Grant No. 5863 to Bertha Taylor, Portion of Land Patent Grant No 5917, to Lily K. Auld, 2 Portions of R.P Grant No. 2643, AP.1 to Puhi, Royal Patent No. (None), L.C. AW. No. 8754-G to Opukoa, Portion of R.P. No. 6906, L.C. AW. No. 8754-F to Pahupu, Portion of R.P. No. 6466, L.C. AW. No. 10887 AP. 1 to Palea, Royal Patent 7327, L.C. AW. No 10170 to Meheula, Royal Patent No. 4169, L.C. AW. No. 9112, AP. 2 to Kahana, Portion of R.P. No. 6455, L.C. AW. 10886 to Nuinuimakua, Portion of R.P. No. 6660, L.C. AW. No. 10304, AP. 1 to Nauka, Portion of R.P. No. 6822, L.C. AW. No. 9098 to Kikoopua, and Portion of R.P. No. 7971, L.C. AW. No. 9225-B to Keawe. and Resubdivision into Lots: Z1- 1, Z1-2, Z1-3, Z2- 1 to Z2-33, Inclusive, Z3-1, Z3-2, Z3-3, Road Lots A, B, C, D, E, F, G, Designation of Easements 1 to 5, Inclusive, And Remainder Kāhilipali & Kaunāmano, Kāʻu ,Island of Hawaiʻi, Hawaiʻi Location Map Date: 09/01/2020 Assisted By: Meghan Mulley Agency: SWCD Field Office: HILO SERVICE CENTER 0 5,000 10,000 15,000 20,000 25,000 Feet ¯ Legend TMK395008001 Prepared with assistance from USDA-Natural Resources Conservation Service Soil Water and Conservation Districts Program Client: Kau Valley Farm TMK (3)9-5-008:001 Approximate Acres: 1600 District: KA`U SOIL & WATER CONSERVATION DISTRICT 95-1178 Kaalaiki Rd Naalehu,HI 96772 Communication No. 2024-15 1700180016001100 1900 1500 140013001200 10002000900 21 0 0 80022002300 700 24002500 900 2100Topographic Map Date: 09/01/2020 Assisted By: Meghan Mulley Agency: SWCD Field Office: HILO SERVICE CENTER 0 2,000 4,000 6,000 8,000 10,000 Feet ¯ Legend TMK395008001 Streams/Rivers Elevation (ft.) Prepared with assistance from USDA-Natural Resources Conservation Service Soil Water and Conservation Districts Program Client: Kau Valley Farm TMK (3)9-5-008:001 Approximate Acres: 1600 District: KA`U SOIL & WATER CONSERVATION DISTRICT Aerial Imagery Date: 09/01/2020 Assisted By: Meghan Mulley Agency: SWCD Field Office: HILO SERVICE CENTER 0 2,000 4,000 6,000 8,000 10,000 Feet ¯ Legend Streams/Rivers TMK395008001 Prepared with assistance from USDA-Natural Resources Conservation Service Soil Water and Conservation Districts Program Client: Kau Valley Farm TMK (3)9-5-008:001 Approximate Acres: 1600 District: KA`U SOIL & WATER CONSERVATION DISTRICT Precipitation Map Date: 09/01/2020 Assisted By: Meghan Mulley Agency: SWCD Field Office: HILO SERVICE CENTER 0 2,000 4,000 6,000 8,000 10,000 Feet ¯ Legend TMK395008001 Avg. Annual Inch 40.0" to 44.9" 45.0" to 49.9" 50.0" to 54.9" 55.0" to 59.9" 60.0" to 64.9" 65.0" to 69.9" 70.0" to 74.9" 75.0" to 79.9" Prepared with assistance from USDA-Natural Resources Conservation Service Soil Water and Conservation Districts Program Client: Kau Valley Farm TMK (3)9-5-008:001 Approximate Acres: 1600 District: KA`U SOIL & WATER CONSERVATION DISTRICT 516 517 529 522 532 528 538 523 529 516 513 527 522 517 521 528 518 538 521 538 528 516 517 521 532 516 538 520 518 527 538 517 527 529517 528 538 518 522 517 527 517 520 516 521518 528 516 518 521 516 516516 527 523 517 521 528 520 538 539 521 734 521 Soils Map Date: 09/01/2020 Assisted By: Meghan Mulley Agency: SWCD Field Office: HILO SERVICE CENTER 0 3,000 6,000 9,000 12,000 15,000 Feet ¯ Legend TMK395008001 Soils 513:Hilea hydrous silty clay loam, 10 to 20 percent slopes 516:Alapai hydrous silty clay loam, 3 to 10 percent slopes 517:Alapai hydrous silty clay loam, 10 to 20 percent slopes 518:Alapai hydrous silty clay loam, 20 to 35 percent slopes 520:Naalehu medial silty clay loam, 35 to 70 percent slopes 521:Naalehu medial silty clay loam, 3 to 10 percent slopes 522:Naalehu medial silty clay loam, 10 to 20 percent slopes 523:Naalehu medial silty clay loam, 20 to 35 percent slopes 527:Alapai hydrous silty clay loam, 35 to 70 percent slopes 528:Alapai hydrous silty clay loam, 0 to 3 percent slopes 529:Honuapo-Hilea complex, 10 to 20 percent slopes 532:Honuapo hydrous silt loam, 3 to 10 percent slopes 538:Naalehu medial silt loam, 0 to 3 percent slopes 539:Kanohina-Lava flows complex, 10 to 20 percent slopes 734:Kanohina-Lava flows complex, 2 to 10 percent slopes Prepared with assistance from USDA-Natural Resources Conservation Service Soil Water and Conservation Districts Program Client: Kau Valley Farm TMK (3)9-5-008:001 Approximate Acres: 1600 District: KA`U SOIL & WATER CONSERVATION DISTRICT Map Unit Description (Brief, Generated) Island of Hawaii Area, Hawaii [Minor map unit components are excluded from this report] 513 - Hilea hydrous silty clay loam, 10 to 20 percent slopesMap unit: Component:Hilea (100%) The Hilea component makes up 100 percent of the map unit. Slopes are 10 to 20 percent. This component is on ash fields on pahoehoe lava flows on Mauna Loa shield volcanoes on Hawaii islands. The parent material consists of basic volcanic ash over pahoehoe lava. Depth to a root restrictive layer, bedrock, lithic, is 8 to 20 inches. The natural drainage class is well drained. Water movement in the most restrictive layer is low. Available water to a depth of 60 inches (or restricted depth) is low. Shrink-swell potential is low. This soil is not flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 30 percent. Below this thin organic horizon the organic matter content is about 20 percent. This component is in the F159BY500HI Udic Forest ecological site. Nonirrigated land capability classification is 4e. Irrigated land capability classification is 4e. This soil does not meet hydric criteria. 516 - Alapai hydrous silty clay loam, 3 to 10 percent slopesMap unit: Component:Alapai (100%) The Alapai component makes up 100 percent of the map unit. Slopes are 3 to 10 percent. This component is on ash fields on lava flows on Mauna Loa shield volcanoes on Hawaii islands. The parent material consists of basic volcanic ash over basalt. Depth to a root restrictive layer is greater than 60 inches. The natural drainage class is well drained. Water movement in the most restrictive layer is moderately high. Available water to a depth of 60 inches (or restricted depth) is very high. Shrink-swell potential is low. This soil is not flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 13 percent. This component is in the F159BY500HI Udic Forest ecological site. Nonirrigated land capability classification is 3e. Irrigated land capability classification is 3e. This soil does not meet hydric criteria. 517 - Alapai hydrous silty clay loam, 10 to 20 percent slopesMap unit: Component:Alapai (100%) The Alapai component makes up 100 percent of the map unit. Slopes are 10 to 20 percent. This component is on ash fields on lava flows on Mauna Loa shield volcanoes on Hawaii islands. The parent material consists of basic volcanic ash over basalt. Depth to a root restrictive layer is greater than 60 inches. The natural drainage class is well drained. Water movement in the most restrictive layer is moderately high. Available water to a depth of 60 inches (or restricted depth) is very high. Shrink-swell potential is low. This soil is not flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 13 percent. This component is in the F159BY500HI Udic Forest ecological site. Nonirrigated land capability classification is 4e. Irrigated land capability classification is 4e. This soil does not meet hydric criteria. Page 1 Survey Area Version: 9 Survey Area Version Date: 09/20/2016 Map Unit Description (Brief, Generated) Island of Hawaii Area, Hawaii 518 - Alapai hydrous silty clay loam, 20 to 35 percent slopesMap unit: Component:Alapai (100%) The Alapai component makes up 100 percent of the map unit. Slopes are 20 to 35 percent. This component is on ash fields on lava flows on Mauna Loa shield volcanoes on Hawaii islands. The parent material consists of basic volcanic ash over basalt. Depth to a root restrictive layer is greater than 60 inches. The natural drainage class is well drained. Water movement in the most restrictive layer is moderately high. Available water to a depth of 60 inches (or restricted depth) is very high. Shrink-swell potential is low. This soil is not flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 13 percent. This component is in the F159BY500HI Udic Forest ecological site. Nonirrigated land capability classification is 6e. Irrigated land capability classification is 6e. This soil does not meet hydric criteria. 520 - Naalehu medial silty clay loam, 35 to 70 percent slopesMap unit: Component:Naalehu (100%) The Naalehu component makes up 100 percent of the map unit. Slopes are 40 to 70 percent. This component is on ash fields on pahoehoe lava flows on Mauna Loa shield volcanoes on Hawaii islands. The parent material consists of basic volcanic ash over pahoehoe lava. Depth to a root restrictive layer is greater than 60 inches. The natural drainage class is well drained. Water movement in the most restrictive layer is moderately high. Available water to a depth of 60 inches (or restricted depth) is very high. Shrink-swell potential is low. This soil is not flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 4 percent. This component is in the F161BY501HI Kona Weather Ustic Forest ecological site. Nonirrigated land capability classification is 7e. Irrigated land capability classification is 7e. This soil does not meet hydric criteria. 521 - Naalehu medial silty clay loam, 3 to 10 percent slopesMap unit: Component:Naalehu (100%) The Naalehu component makes up 100 percent of the map unit. Slopes are 3 to 10 percent. This component is on ash fields on pahoehoe lava flows on Mauna Loa shield volcanoes on Hawaii islands. The parent material consists of basic volcanic ash over pahoehoe lava. Depth to a root restrictive layer is greater than 60 inches. The natural drainage class is well drained. Water movement in the most restrictive layer is moderately high. Available water to a depth of 60 inches (or restricted depth) is very high. Shrink-swell potential is low. This soil is not flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 4 percent. This component is in the F161BY501HI Kona Weather Ustic Forest ecological site. Nonirrigated land capability classification is 3e. Irrigated land capability classification is 3e. This soil does not meet hydric criteria. Page 2 Survey Area Version: 9 Survey Area Version Date: 09/20/2016 Map Unit Description (Brief, Generated) Island of Hawaii Area, Hawaii 522 - Naalehu medial silty clay loam, 10 to 20 percent slopesMap unit: Component:Naalehu (100%) The Naalehu component makes up 100 percent of the map unit. Slopes are 10 to 20 percent. This component is on ash fields on pahoehoe lava flows on Mauna Loa shield volcanoes on Hawaii islands. The parent material consists of basic volcanic ash over pahoehoe lava. Depth to a root restrictive layer is greater than 60 inches. The natural drainage class is well drained. Water movement in the most restrictive layer is moderately high. Available water to a depth of 60 inches (or restricted depth) is very high. Shrink-swell potential is low. This soil is not flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 4 percent. This component is in the F161BY501HI Kona Weather Ustic Forest ecological site. Nonirrigated land capability classification is 4e. Irrigated land capability classification is 4e. This soil does not meet hydric criteria. 523 - Naalehu medial silty clay loam, 20 to 35 percent slopesMap unit: Component:Naalehu (100%) The Naalehu component makes up 100 percent of the map unit. Slopes are 20 to 40 percent. This component is on ash fields on pahoehoe lava flows on Mauna Loa shield volcanoes on Hawaii islands. The parent material consists of basic volcanic ash over pahoehoe lava. Depth to a root restrictive layer is greater than 60 inches. The natural drainage class is well drained. Water movement in the most restrictive layer is moderately high. Available water to a depth of 60 inches (or restricted depth) is very high. Shrink-swell potential is low. This soil is not flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 4 percent. This component is in the F161BY501HI Kona Weather Ustic Forest ecological site. Nonirrigated land capability classification is 6e. Irrigated land capability classification is 6e. This soil does not meet hydric criteria. 527 - Alapai hydrous silty clay loam, 35 to 70 percent slopesMap unit: Component:Alapai, lower precipitation (100%) The Alapai, lower precipitation component makes up 100 percent of the map unit. Slopes are 35 to 70 percent. This component is on ash fields on lava flows on Mauna Loa shield volcanoes on Hawaii islands. The parent material consists of basic volcanic ash. Depth to a root restrictive layer is greater than 60 inches. The natural drainage class is well drained. Water movement in the most restrictive layer is moderately high. Available water to a depth of 60 inches (or restricted depth) is very high. Shrink-swell potential is low. This soil is not flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 10 percent. This component is in the F159BY500HI Udic Forest ecological site. Nonirrigated land capability classification is 7e. Irrigated land capability classification is 7e. This soil does not meet hydric criteria. Page 3 Survey Area Version: 9 Survey Area Version Date: 09/20/2016 Map Unit Description (Brief, Generated) Island of Hawaii Area, Hawaii 528 - Alapai hydrous silty clay loam, 0 to 3 percent slopesMap unit: Component:Alapai (100%) The Alapai component makes up 100 percent of the map unit. Slopes are 0 to 3 percent. This component is on ash fields on pahoehoe lava flows on Mauna Loa shield volcanoes on Hawaii islands. The parent material consists of basic volcanic ash over basalt. Depth to a root restrictive layer is greater than 60 inches. The natural drainage class is well drained. Water movement in the most restrictive layer is moderately high. Available water to a depth of 60 inches (or restricted depth) is very high. Shrink-swell potential is low. This soil is not flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 13 percent. This component is in the F159BY500HI Udic Forest ecological site. Nonirrigated land capability classification is 1. Irrigated land capability classification is 1 This soil does not meet hydric criteria. 529 - Honuapo-Hilea complex, 10 to 20 percent slopesMap unit: Component:Honuapo (70%) The Honuapo component makes up 70 percent of the map unit. Slopes are 10 to 20 percent. This component is on ash fields on pahoehoe lava flows on Mauna Loa shield volcanoes on Hawaii islands. The parent material consists of basic volcanic ash over pahoehoe lava. Depth to a root restrictive layer, bedrock, lithic, is 20 to 40 inches. The natural drainage class is well drained. Water movement in the most restrictive layer is low. Available water to a depth of 60 inches (or restricted depth) is moderate. Shrink-swell potential is low. This soil is occasionally flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 13 percent. This component is in the F159BY500HI Udic Forest ecological site. Nonirrigated land capability classification is 4e. Irrigated land capability classification is 4e. This soil does not meet hydric criteria. Component:Hilea (30%) The Hilea component makes up 30 percent of the map unit. Slopes are 10 to 20 percent. This component is on ash fields on pahoehoe lava flows on Mauna Loa shield volcanoes on Hawaii islands. The parent material consists of basic volcanic ash over pahoehoe lava. Depth to a root restrictive layer, bedrock, lithic, is 8 to 20 inches. The natural drainage class is well drained. Water movement in the most restrictive layer is low. Available water to a depth of 60 inches (or restricted depth) is low. Shrink-swell potential is low. This soil is not flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 30 percent. Below this thin organic horizon the organic matter content is about 20 percent. This component is in the F159BY500HI Udic Forest ecological site. Nonirrigated land capability classification is 4e. Irrigated land capability classification is 4e. This soil does not meet hydric criteria. Page 4 Survey Area Version: 9 Survey Area Version Date: 09/20/2016 Map Unit Description (Brief, Generated) Island of Hawaii Area, Hawaii 532 - Honuapo hydrous silt loam, 3 to 10 percent slopesMap unit: Component:Honuapo (100%) The Honuapo component makes up 100 percent of the map unit. Slopes are 3 to 10 percent. This component is on ash fields on pahoehoe lava flows on Mauna Loa shield volcanoes on Hawaii islands. The parent material consists of basic volcanic ash over pahoehoe lava. Depth to a root restrictive layer, bedrock, lithic, is 20 to 40 inches. The natural drainage class is well drained. Water movement in the most restrictive layer is low. Available water to a depth of 60 inches (or restricted depth) is moderate. Shrink-swell potential is low. This soil is occasionally flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 13 percent. This component is in the F159BY500HI Udic Forest ecological site. Nonirrigated land capability classification is 3e. Irrigated land capability classification is 3e. This soil does not meet hydric criteria. 538 - Naalehu medial silt loam, 0 to 3 percent slopesMap unit: Component:Naalehu (100%) The Naalehu component makes up 100 percent of the map unit. Slopes are 0 to 3 percent. This component is on ash fields on pahoehoe lava flows on Mauna Loa shield volcanoes on Hawaii islands. The parent material consists of basic volcanic ash over pahoehoe lava. Depth to a root restrictive layer is greater than 60 inches. The natural drainage class is well drained. Water movement in the most restrictive layer is moderately high. Available water to a depth of 60 inches (or restricted depth) is very high. Shrink-swell potential is low. This soil is not flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 4 percent. This component is in the F161BY501HI Kona Weather Ustic Forest ecological site. Nonirrigated land capability classification is 1. Irrigated land capability classification is 1 This soil does not meet hydric criteria. 539 - Kanohina-Lava flows complex, 10 to 20 percent slopesMap unit: Component:Kanohina, cobbly (70%) The Kanohina, cobbly component makes up 70 percent of the map unit. Slopes are 10 to 20 percent. This component is on ash fields on pahoehoe lava flows on Mauna Loa shield volcanoes on Hawaii islands. The parent material consists of basic volcanic ash over pahoehoe lava. Depth to a root restrictive layer, bedrock, lithic, is 2 to 20 inches. The natural drainage class is well drained. Water movement in the most restrictive layer is low. Available water to a depth of 60 inches (or restricted depth) is very low. Shrink-swell potential is low. This soil is not flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 8 percent. This component is in the F161BY501HI Kona Weather Ustic Forest ecological site. Nonirrigated land capability classification is 7s. Irrigated land capability classification is 7s. This soil does not meet hydric criteria. Component:Lava flows, pahoehoe (30%) Generated brief soil descriptions are created for major soil components. The Lava flows is a miscellaneous area. Page 5 Survey Area Version: 9 Survey Area Version Date: 09/20/2016 Map Unit Description (Brief, Generated) Island of Hawaii Area, Hawaii 734 - Kanohina-Lava flows complex, 2 to 10 percent slopesMap unit: Component:Kanohina (60%) The Kanohina component makes up 60 percent of the map unit. Slopes are 2 to 10 percent. This component is on ash fields, pahoehoe lava flows on Kilauea shield volcanoes on Hawaii islands. The parent material consists of basaltic volcanic ash over pahoehoe lava. Depth to a root restrictive layer, bedrock, lithic, is 2 to 20 inches. The natural drainage class is well drained. Water movement in the most restrictive layer is low. Available water to a depth of 60 inches (or restricted depth) is very low. Shrink-swell potential is low. This soil is not flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 4 percent. This component is in the R157XY006HI Ustic Naturalized Grassland ecological site. Nonirrigated land capability classification is 7s. Irrigated land capability classification is 7s. This soil does not meet hydric criteria. Component:Lava flows, pahoehoe (30%) Generated brief soil descriptions are created for major soil components. The Lava flows is a miscellaneous area. Page 6 Survey Area Version: 9 Survey Area Version Date: 09/20/2016 Ag Land Classification Map Date: 09/01/2020 Assisted By: Meghan Mulley Agency: SWCD Field Office: HILO SERVICE CENTER 0 2,000 4,000 6,000 8,000 10,000 Feet ¯ Legend TMK395008001 AGTYPE Unclassified Prime Ag Land Other Important Ag Land Prepared with assistance from USDA-Natural Resources Conservation Service Soil Water and Conservation Districts Program Client: Kau Valley Farm TMK (3)9-5-008:001 Approximate Acres: 1600 District: KA`U SOIL & WATER CONSERVATION DISTRICT Wai'ohinu Kawala Kahilipali-nui Kaunamano, †Napauku Kï'oloku Honu'apo Kahilipali-iki, †KahKiolaka'a, Pu'maka'a Ahupuaa Map Da te: 09/01/2020 Assisted By: Meg ha n Mulley Ag ency: SW CD Field Office: HILO SERVICE CENTER 0 2,000 4,000 6,000 8,000 10,000 Feet ¯ Legend TMK395008001 AHUPUAA Honu'a po Ka hilipa li-iki, †Ka h Ka hilipa li-nui Ka una m a no, †Na pa uku Ka wa la Kiola ka 'a , P u'm a ka 'a Kï'oloku W a i'ohinu P repa red with a ssista nce from USDA-Na tura l Resources Conserv a tion Serv ice Soil W a ter a nd Conserv a tion Districts P rog ra m Client: Kau Valley Farm T MK (3)9-5-008:001 Approximate Acres: 1600District: KAU SOIL & WATER CONSERVATION DISTRICT Memo to Ka’ū CDP Action Committee RE: Na’alehu Hills Subdivision From Babette Morrow December 8, 2024 On November 25, Jason and I met with Maryam Palma and Jaslyn Nathaniel from County Planning and found the following: -- all land subdivisions and reconsolidations are administrative, meaning they are approved by the Planning Director and there are no public hearings. However, the Planning Director must get input from the department of water supply (DWS) and the department of public works (DPW) and may require necessary improvements to further the public welfare and safety. -- In addition to DPW and DWS, Planning staff sent the application to Department of Health environmental health program chief, Nā Al Hele Trails, and the Director of Department of Environmental Management. The Action Committee can recommend additional referral agencies. -- the pre-existing lots can continue even though they are smaller than the minimum lot size in the A-20 zone. They are not “non-conforming”; they are pre-existing because they were created by land grants. -- the Planning Director is to uphold the rights of the owners holding original land grants. Jazlyn has researched land grants in the application. -- The applicant needs to prove that all the lots in the application are pre-existing by identifying land grant numbers for all the lots, and they have so far identified 37 of the proposed 39 lots. Ka’ū CDP Policies and Objectives Section 3.1, Preferred Settlement Pattern. The preferred settlement pattern in the Ka’ū CDP planning area is based on a CDP Steering Committee-driven analysis of the region’s settlement pattersn, build-out capacity relative to population projections, related General Plan policies, and alternative future patterns for growth. That preferred pattern is to: --prioritize infill residential and commercial development in Pāhala, Punalu’u, Nā’ālehu, Discovery Harbour, and Ocean View, •Maximizing the use of existing and planned infrastructure, •Preserving viable agricultural lands, open space, and viewscapes, allowing only agriculture, ranching, and related economic infrastructure and rural development in rural lands. Section 3.3 Community Objectives Objective 1: Encourage future settlement patterns that are safe, sustainable, and connected. They should protect people and community facilities from natural hazards, and they should honor the best of Ka’ū’s historic precedents: concentrating new commercial and residential development in compact walkable, mixed-use town/village centers, allowing rural development in the rural lands and limiting development on the shorelines. Communication No. 2024-16 Objective 2: Preserve prime and other viable agricultural lands and preserve and enhance viewscapes that exemplify Ka’ū’s rural character. Objective 4: Protect, restore, and enhance Ka’ū’s unique cultural assets, including archeological and historic sites and historic buildings. Section 3.4 Land Use Policy Policy 7. With the adoption of the Ka’ū CDP, Figures 2, 3, 4, 5, 6, and 7 on pages 43 through 48 are adopted as the official Land Use Policy Map for the Ka’ū CDP planning area. The land use category definitions are identical to those used in the General Plan LUPAG map (and included in the Glossary). Future land use decisions in the Ka’ū CDP planning area shall be consistent with the Land Use Policy Map boundaries, designations, and policies herein, unless the CDP and the General Plan are in direct conflict. Note that the subject area is shown as “Important Ag Lands” on the Land Use Policy Map for Na’alehu. Section 4.3.1 Community Objectives to Protect Agricultural Lands and Open Space Objective 1: Encourage future settlement patterns that are safe, sustainable, and connected. They should protect people and community facilities from natural hazards, and they should honor the best of Ka’ū’s historic precedents: concentrating new commercial and residential development in compact walkable, mixed-use town/village centers, allowing rural development in the rural lands and limiting development on the shorelines. Objective 2: Preserve prime and other viable agricultural lands and preserve and enhance viewscapes that exemplify Ka’ū’s rural character. Section 4.3.2 Land Use Policy to Protect Agricultural Lands and Open Space Policy 32: Conserve and protect agricultural lands. Policy 35: Limit development of agricultural land to agricultural uses, discouraging speculative residential development and urban encroachment. Policy 36: Agricultural lands shall not be rezoned to parcels too small to support economically viable farming units. Policy 38: To reinforce existing protections, the official Ka’ū CDP Land Use Policy Map designates agricultural lands in Ka’ū as areas to be preserved for agriculture and open space. Development and construction in “Important Agricultural Land” and “Extensive Agriculture” areas shall be limited to agriculture, related economic infrastructure and cottage industries, renewable energy, open area recreational uses, and community facilities unless otherwise permitted by law. Policy 42: Landowners interested in subdivision of agricultural land in the Ka’ū CDP planning area shall be encouraged to subdivide pursuant to HCC section 23-112 related to farm subdivisions. Policy 43: When considering applications to consolidate and resubdivide pre-existing lots of record, the Director of Planning shall only permit lots less than one acre in size in the State Land Use Agricultural district if the applicant clearly demonstrates that an unreasonable economic hardship cannot otherwise be prevented or land utilization is improved relative to the objectives and policies of the CDP. Recommendations from Action Committee It is the responsibility of the Action Committee to review applications for compliance with the CDP and to make recommendations to the Planning Director. 1. This is not an application for a rezone. Ag20 zoning and uses to remain. However, Ag20 zoning requires a minimum of 20 acres per lot, and the application shows lots as small as .92 acres and an average lot size of 6.697 acres. CDP Policy states that the Director of Planning shall only permit lots less than one acre if the applicant clearly demonstrates that an unreasonable economic hardship cannot otherwise be prevented or if land utilization is improved. 2. The subject area is shown as “Important Ag Lands” on the CDP Land Use Policy Map. CDP Policies recommend preserving prime and viable agricultural lands and maintaining parcels that can support economically viable farming units. The Action Committee recommends that parcels be no smaller than five acres to be economically viable, unless the applicant can prove that smaller parcels meet this standard. 3.Applicant should identify any archeological and historic sites and historic buildings that are to be preserved. 4. Referral to other agencies: •Hawaii State Historic Division •Hawaii County Department of Research and Development, Agriculture and Food Systems Division •Hawaii County Cultural Resources Commission County of Hawai‘i PLANNING DEPARTMENT www.planning.hawaiicounty.gov Hawai‘i County is an Equal Opportunity Provider and Employer planning@hawaiicounty.gov Jeffrey W. Darrow Acting Director Michelle S. Ahn Acting Deputy Director C. Kimo Alameda, Ph.D. Mayor William V. Brilhante, Jr. Managing Director East Hawai‘i Office 101 Pauahi Street, Suite 3 Hilo, Hawai‘i 96720 Phone (808) 961-8288 Fax (808) 961-8742 West Hawai‘i Office 74-5044 Ane Keohokālole Hwy Kailua-Kona, Hawai‘i 96740 Phone (808) 323-4770 Fax (808) 327-3563 December 10, 2024 MEMORANDUM TO: Office of the Corporation Counsel Office of the Mayor Planning Department Staff County Council FROM: Jeffrey Darrow, Acting Planning Director SUBJECT: Kaʻū CDP Action Committee Tentative Meeting Schedule for 2025 The tentative 2025 meeting dates for the Kaʻū Community Development Plan (CDP) Action Committee are listed below. Please be informed that the dates and venue of the meetings are subject to change. January 28th (Tuesday) March 25th (Tuesday) May 27th (Tuesday) July 22nd (Tuesday) September 23rd (Tuesday) November 18th (Tuesday) Communication No. 2024-17 County of Hawai‘i PLANNING DEPARTMENT www.planning.hawaiicounty.gov Hawai‘i County is an Equal Opportunity Provider and Employer planning@hawaiicounty.gov Jeffrey W. Darrow Acting Director Michelle S. Ahn Acting Deputy Director C. Kimo Alameda, Ph.D. Mayor William V. Brilhante Jr. Managing Director East Hawai‘i Office 101 Pauahi Street, Suite 3 Hilo, Hawai‘i 96720 Phone (808) 961-8288 Fax (808) 961-8742 West Hawai‘i Office 74-5044 Ane Keohokālole Hwy Kailua-Kona, Hawai‘i 96740 Phone (808) 323-4770 Fax (808) 327-3563 December 11, 2024 MEMORANDUM TO: Kaʻū Community Development Plan Action Committee FROM: Jeffrey W. Darrow Acting Planning Director SUBJECT: Nāʻālehu Hill Subdivision (PL-SUB-2024-00279) Tax Map Key: (3) 9-5-008: Portion of 001 Aloha Members of the Kaʻū Community Development Plan (CDP) Action Committee, This memorandum is to provide information to the Action Committee Members regarding the proposed Nāʻālehu Hill Subdivision. Proposed Project The subdivision application was submitted to the Planning Department on August 29, 2024, the applicant being Kau Royal Hawaiian Coffee & Tea LP. The subject property initially contained a total of 99 “pre-existing lots of record” (PELOR). In the proposed subdivision application, the subdivider is requesting to consolidate 39 pre-existing lots and resubdivide into 39 reconfigured lots. Pre-Existing Lots Within the Subdivision Code A pre-existing lot is defined in the Subdivision Code (HCC Chapter 23) as follows: “Pre-existing lot” means a specific area of land that will be treated as a legal lot of record based on criteria set forth in this chapter. Within the Subdivision Code, Article 11 (Pre-Existing Lots), Sections 23-117 to 23-119 provides information for pre-existing lots in relation to a proposed subdivision and/or consolidation. Communication No. 2024-18 Kaʻū Community Development Plan Action Committee December 11, 2024 Page 2 These sections are as follows: Section 23-117. Purpose. The purpose of this article is to specify the criteria by which a pre-existing lot may be recognized and to state how certain uses will be accounted for during a consolidation/resubdivision action. (2002, ord 02-110, sec 3.)23-117 Section 23-118. Criteria to determine a pre-existing lot. The director shall certify that a lot is pre-existing if the lot meets one of the following criteria: (a) The lot was created and recorded prior to November 22, 1944 or the lot was created through court order (e.g. partition) prior to July 1, 1973, and the lot had never been legally consolidated, provided that no pre-existing lot shall be recognized based upon a lease except for a lease which complied with all other applicable laws when made, including Territorial statutes regulating the sale or lease of property by lot number or block number, and on September 25, 2002, the proposed lot contains a legal dwelling, or has been continuously leased since January 8, 1948, as a separate unit. (b) The lot was created prior to December 21, 1966, as an agricultural lot in excess of twenty acres pursuant to County ordinance. (c) The lot was created through evidence of a properly prepared deed and/or subdivision plat for fee simple ownership of such lot to a grantee other than the grantor or a grantor’s trust which deed was recorded at the State of Hawai‘i Bureau of Conveyances or with the Registrar of the Land Court prior to May 1, 1999, and was subsequently depicted on a County of Hawai‘i Tax Map, was issued a tax map parcel number therefor, and was individually assessed for real property taxation purposes. (2002, ord 02-110, sec 3; am 2018, ord 18-12, sec 1.)2 Section 23-119. Proof. The owner of property seeking certification as a pre-existing lot shall provide reasonable evidence to meet the criteria set forth therein, provided that recognition of a lot based on a lease shall be supported by evidence that a valid lease was in existence on January 8, 1948, which specifies the boundaries of the claimed lot with reasonable certainty. (2002, ord 02-110, sec 3.)2 Pertinent Information The subject property is 1,610.496 acres in size. It is situated mainly within the State Land Use Agricultural district with a small portion within the Urban district. Additionally, the County zoning for the property is mainly Agricultural (A-20a) with a small portion in the Limited Industrial (ML-20) zoning district. As mentioned above, there have been 99 pre-existing lots determined to be located on the subject property. Kaʻū Community Development Plan Action Committee December 11, 2024 Page 2 The following is a summary of the status of the 99 pre-existing lots: Pre-Existing Lots previously determined 99 Pre-existing Lots already having separate TMK’s - 9 Remaining 90 Pre-existing Lots already used in SUB 13-001263 -15 Pre-existing Lots Remaining 75 Pre-existing Lots proposed in PL-SUB-2024-000279 -39 (2 PELORs to be identified in the map title block per preliminary plat map & deferral letter) Lots Still Remaining for Future Subdivision 36 When a Consolidation/Resubdivision application is submitted to the Planning Department that will result in the same or fewer lots, including pre-existing lots, the typical requirements and standards of the Subdivision Code do not apply, unless there are unsafe conditions that would require some improvements for public welfare and safety. This is based on Section 23-7, which states the following: Section 23-7. Applicability to consolidation or resubdivision action. The requirements and standards of this chapter shall not apply to consolidation and resubdivision action resulting in the creation of the same or fewer number of lots than that which existed prior to the consolidation/resubdivision action; provided that the director, upon conferring with the director of public works and manager-chief engineer of the department of water supply, may require necessary improvements to further the public welfare and safety. (1983 CC, c 23, art 2, sec 23-7; am 2001, ord 01-108, sec 1; am 2011, ord 11-103, sec 8.) Recommendations from the Action Committee We have received and reviewed the Memo to the Kaʻū CDP Action Committee dated December 8, 2024. We appreciate the time and effort that was put into this Memorandum. We also appreciate the recommendations provided within the Memo. We have reviewed the four (4) recommendations and will as we consider the Tentative Approval letter for the proposed subdivision. We have the following responses to the four (4) recommendations: 1. There are two (2) lots within the proposed subdivision that are less than 1 acre in size. Based on Policy 43 within the Kaʻū Community Development Plan, we will be adding a condition within the Tentative Approval requiring that all lots be at least one acre is size unless the applicant can clearly demonstrate that an unreasonable economic hardship cannot otherwise be prevented, or land utilization is improved relative to the objectives and policies of the Kaʻū Community Development Plan. Kaʻū Community Development Plan Action Committee December 11, 2024 Page 2 2. As mentioned in the Memo, the average lot size is for the proposed subdivision is 6.697 acres. Although the Action Committee is requesting that each lot be no smaller than 5 acres, we believe in this case, the layout of the lots was directed to the existing roadways to provide access to each of the newly created lots. The range of the size of the lots vary, which will also provide opportunities for purchasers who may want to own agricultural land for smaller agricultural opportunities but cannot afford or utilize five (5) or more acres. This applicant should be treated fairly like other applicants that have submitted similar types of consol/resub applications that will result in the same or fewer number of lots. 3. The Tentative Approval letter will require the applicant to identify any known archaeological sites, historic sites, and/or historic buildings to be preserved. 4. Section 23-7 of the Subdivision code only requires comments from the Department of Water Supply and the Department of Public Works. Additional agencies like the Department of Land and Natural Resources-State Historic Preservation Division (DLNR- SHPD) are sent requests for comments at the discretion of the Planning Department when the consolidation and resubdivision action results in the same or fewer lots. As part of our preliminary plat map and deferral letter, we sent a request for comments to the Department of Land and Natural Resources-Nā Ala Hele Trails and Access Program. Thank you for the opportunity to provide information to the Members of the Kaʻū Community Development Plan Action Committee.