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HomeMy WebLinkAbout2025-03-19 LPC Recommendation Letter for General Plan Review County of Hawai‘i LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawai‘i 96720 Phone (808) 961-8288 • Fax (808) 961-8742 Hawai`i County is an Equal Opportunity Provider and Employer C. Kimo Alameda, Ph.D. Mayor William V. Brilhante Jr. Managing Director Dean Au, Chair Donna Kinuko Noborikawa, Vice Chair Barbara DeFranco Mahina Paishon-Duarte Michael Dela Cruz Clement “CJ” Kanuha III Armando Rodriguez Dr. Holeka Goro Inaba, Council Chair and Members of the County Council County of Hawaiʻi 25 Aupuni Street Hilo, Hawaiʻi 96720 Dear Chair Dr. Holeka Goro Inaba and Council Members: SUBJECT: Leeward Planning Commission Review of the County of Hawaiʻi General Plan 2045, Final Recommended Draft dated July 2024 (PL-PDI-2024-000011) The Leeward Planning Commission (Commission) received the County of Hawaiʻi General Plan 2045, Final Recommended Draft dated July 2024 (“Draft Plan”) from the Planning Director on October 25, 2024. The current 2005 General Plan requires that the Commission review the Draft Plan and “recommend approval of the proposed amendments, in whole or in part, recommend changes, or recommend the rejection of the proposal for changes to the General Plan” within 150 days from the date of receipt of the proposed amendments from the Planning Director (by March 24, 2025). The Commission held public hearings on November 21, 2024, November 22, 2024, December 19, 2024, January 16, 2025, February 20, 2025, and February 24, 2025, to review the Draft Plan. At its meeting on February 24, 2025, the Commission voted to forward a favorable recommendation to the County Council to amend the County of Hawaiʻi General Plan 2005 by adopting the County of Hawaiʻi General Plan 2045, Final Recommended Draft dated July 2024, inclusive of all subsidiary motions (amendments to the main motion) made by the Leeward Planning Commission. March 19, 2025 Dr. Holeka Goro Inaba, Council Chair and Members of the County Council County of Hawaiʻi Page 2 The Commission recommended making the following additions, deletions, and amendments to the Draft Plan: 1. Include the amendments recommended by the Planning Director in his enclosed memorandum to the Commission dated February 18, 2025. 2. Add the language related to public access, trails, recreation and scenic resources that were present in the Draft General Plan released by the Planning Department in 2019 as suggested by the Hawaiʻi Island Na Ala Hele Advisory Council in their enclosed letter to the Commission dated February 18, 2025. 3. Add a definition for “Loʻi” to the Glossary to read:“Loʻi is a traditional Hawaiian taro patch, designed specifically for cultivating taro (kalo) in wetland environments. These patches are often found in valleys or along streambanks, where they can be irrigated and flooded to create optimal growing conditions.” 4. Add a definition for “Loko Iʻa”, to the Glossary to read: “Loko Iʻa is an ancestral hawaiian fishpond that is a unique aquaculture system that optimizes natural patterns of watersheds, nutrient cycles, and fish biology. Loko Iʻa feed and connect communities.” 5. Page 9, Glossary, amend the definition for Ahupuaʻa, to read: “Ahupuaʻa is a Native Hawaiian comprehensive and holistic system of careship of biocultural and socio-political systems and resources that are inclusive of wao or horizontal bioregions.” 6. Page 9, Glossary, amend the definition for ʻĀina to read: “ʻĀina is a Hawaiian term that means land or earth that sustains and feeds the ecosystems and its communities.” 7. Page 14, Glossary, delete the term “hosted” from the definitions. 8. Page 19, Glossary, amend the definition for Stakeholder to read: “Stakeholder is any Hawaiʻi County residents, individual, group, or organization that has an interest or concern in a particular project, decision, or activity and can be affected by its outcomes. They can influence or be influenced by the objectives, policies, and performance of an organization or project. Effective stakeholder engagement and management are crucial for the success and sustainability of any initiative, as it helps ensure that diverse perspectives and interests are considered.” March 19, 2025 Dr. Holeka Goro Inaba, Council Chair and Members of the County Council County of Hawaiʻi Page 3 9. Page 21, Glossary, amend the definition for Wahi Pana to read: “Wahi Pana means living space and place of ecological, cultural and/or historical significance. Wahi Pana may also mean legendary place.” 10. Page 26, under section titled ‘Navigating Growth on Hawaiʻi Island’, amend the last sentence to read: “Careful consideration of these factors are intended to result in successful long-range planning and the application of Native Hawaiian ahupuaʻa framework in all planning and development analyses. This section should articulate the critical importance of the Native Hawaiian ahupua’a framework in all planning and development analyses.” 11. Page 35, first sentence under ‘Sustainable Development and Resilient Communities’, and any other sections of the plan where the goal is referenced, amend to read: “We strategically apply progressive land use strategies incorporating indigenous and contemporary knowledge and place-based practices to direct and manage growth for the health, safety, and emergency response and preparedness services for our communities.” 12. Page 42, Policy 1.17, amend to read: “Allow the redevelopment of existing waterfront commercial structures consistent with the community character to preserve overwater views where sea levels rise and/or coastal erosion will have no impact on the property.” 13. Page 42, amend action 1.h to become action 1.a and renumber the other actions accordingly. 14. Page 42, add new action 1.f, to read: “Develop a regulatory list of invasive species for Hawai‘i County.”, and place after action 1.e “Revise floodplain management requirements to require consideration of nature-based solutions as alternatives for all projects that have the potential to affect floodplains or wetlands.” 15. Page 44, Objective 2, and any other reference of that objective in the plan, amend to read: “Apply the Native Hawaiian ahupuaʻa framework to preserve and enhance the health and function of watersheds to promote water recharge, improve water quality, and reduce runoff.” 16. Page 45, Action 2.g, amend to read: “Amend the Special Management Area (SMA) to include wetlands, riparian areas, and adjacent buffer areas.” March 19, 2025 Dr. Holeka Goro Inaba, Council Chair and Members of the County Council County of Hawaiʻi Page 4 17. Page 47, Policy 4.3, amend to read: “Public access to significant historic sites and objects shall be determined on a case-by-case basis in consultation with lineal descendants, those with kuleana to that site or object, or other local sources such as cultural or historic groups.” 18. Page 47, Policy 4.4, amend to read: “Encourage the restoration of significant sites on a case-by-case basis in consultation with lineal descendants, those with kuleana to that site or object, or other local sources such as cultural or historic groups.” 19. Page 48, Action 4.k, amend to read: “Educate and encourage property owners, historical societies, preservation organizations, lineal decendants, and others with close connections to nominate structures and sites to the State and National Register of Historic Places. Encourage collaboration among interested entities.” 20. Page 52, Table 7, amend by deleting two lines: “Indian Banyan trees at Chalon International of Hawaiʻi’s office in Hāwī”, and “Ironwood trees along Kohala Mountain Road.” 21. Page 64, Table 12, under ‘Natural Disasters & Climate Vulnerability’, amend to read: “Susceptibility to natural disasters such as hurricanes, tsunamis, wildfires, and volcanic activity can disrupt energy infrastructure and impede mitigation efforts.” 22. Page 69, Objective 7, amend to read: “Reduce the County government’s carbon footprint to net zero emissions by 2045.” 23. Page 71, Policy 8.5, amend to read: “Climate change adaptation strategies shall be considered in County budgetary, land use, water stewardship, fire mitigation, and other decision-making processes.” 24. Page 79, Policy 9.4, amend to read: “Support mechanisms, such as PUD and Cluster Plan Development (CPD), that group parcel density to preserve open space, recreational areas, scenic viewsheds, or cultural or historic sites.” 25. Page 80, Objective 10, amend to read: “Increase the integration of natural systems planning including the Native Hawaiian ahupua’a framework.” March 19, 2025 Dr. Holeka Goro Inaba, Council Chair and Members of the County Council County of Hawaiʻi Page 5 26. Page 111, Policy 17.1, amend to read: “Ensure Native Hawaiian access rights are clearly expressed in County code, policies, and procedures, while also protecting sacred sites and burials in accordance with applicable state laws and state historic preservation laws.” 27. Page 159, remove Action 32.h and 32.k and add to policies on page 158, starting at 32.20 and renumbering the remaining, and add “prioritize to” at the beginning of each policy. Action 32.h would become new Policy 32.20, to read: “Prioritize to establish, map, and maintain alternative and emergency evacuation routes in each high-risk hazard area.”. Action 32.k would become new Policy 32.21, to read: “Prioritize to develop and/or improve secondary access roads for those communities with only one means of ingress/egress.” 28. Page 159, Action 32.q, amend to read: “Seek funding and support continued scientific research relating to hazards (e.g., research on erosion rates, slumping rates, slope stability studies, sea level rise rates, tsunami inundation mapping, coastal stream flood mapping, fire and wildfire, etc.).”, and review the General Plan to include “fire and wildfire” in any list of natural disasters or hazards. 29. Page 159, Action 32.v, amend to read: “Adopt incentives, such as tax deductions, to encourage retrofitting of existing structures for resilience against earthquakes, hurricanes, tsunamis, floods, and fire and wildfire.” 30. Page 190, under Objective 42, add new Policy 42.5 to read: “Research and develop an ʻĀina Kupuna program that would exempt 100% of real property taxes of qualifying kuleana landowners as referenced by the Kuleana Act of 1850.” 31. Page 205, Policy 46.9, amend to read: “Support and invest in regenerative agricultural practices and restoration involving traditional ecological knowledge systems and practices through revitalization of the Ahupuaʻa system, restoration of ancient Loʻi, Loko Iʻa, traditional agricultural field and water systems, with decision-making through leadership of culturally informed land stewards, agriculturalists, scientists, etc., to advance and perpetuate cultural practices and food security.” 32. Page 206, add new Action 46.s, to read: “Support and invest in all cultural food programs, including food preservation.” March 19, 2025 Dr. Holeka Goro Inaba, Council Chair and Members of the County Council County of Hawaiʻi Page 6 33. Page 212, Action 48.c, amend to read: “Update and maintain the Hawaiʻi Island Tourism Strategic Plan through collaboration between community and industry leaders, inclusive of the Hawaiʻi Tourism Authority.” 34. Page 213, Objective 49, amend to read: “Increase authentic Hawaiʻi Island visitor experiences by developing community engagement strategies that are informed by community subject matter experts.” 35. Page 217, under ‘Community Development Plan Framework’, the second purpose, amend to read: “Improve and advance communities and community resilience through the acknowledgement and development of community capacity and in support of Native Hawaiian ahupuaʻa frameworks.” 36. Page 218, Section 6.2.1, under ‘5. Programs and Community Actions’, amend to read: “Community Development Plans shall be prioritized, adequately resourced, and shall identify desired programs and the community’s role in planning and implementing the programs.” 37. Page 223, under the ‘5-year Implementation Status Report’ section, amend the second sentence to read: “This status report shall include the status of any urban development plans, functional plans, special area plans, master plans, community development plans, and related priority implementation actions.” The following information was reviewed by the Commission and is available at the following Laserfiche WebLink address: https://records.hawaiicounty.gov/weblink/Browse.aspx?dbid=1&startid=143381. • Information Provided to the Commission by the Planning Director o Memorandum dated October 25, 2024, from former Planning Director Zendo Kern to the Commission transmitting the following: ▪ County of Hawaiʻi General Plan 2045, Final Recommended Draft dated July 2024 ▪ Draft Ordinance to Adopt General Plan 2045 ▪ County Council Resolutions and Planning Department Responses ▪ General Plan 2045 Policy Rationale dated July 2024 ▪ Public Comments received by the Planning Department from July 28, 2024 through October 24, 2024 o February 18, 2025 Amendments to Draft Plan including Land Use Maps o PowerPoint Presentations of the Draft Plan March 19, 2025 Dr. Holeka Goro Inaba, Council Chair and Members of the County Council County of Hawaiʻi Page 7 • Written Public Testimony received by the Leeward Planning Commission • Meeting Agendas • Meeting Actions and Minutes Enclosed for your favorable consideration is the draft bill adopting the County of Hawaiʻi General Plan 2045. Should you have any questions, please contact Maija Jackson of this department at (808) 961-8159 or by email at Maija.Jackson@hawaiicounty.gov. Sincerely, Dean Au, Chairperson Leeward Planning Commission PDInitiatedPL-PDI-2024-011lpc Enclosures: Draft Bill Planning Director’s Memo dated February 18, 2025 Hawaiʻi Island Na Ala Hele Advisory Council Memo dated February 18, 2025 cc via email w/out enclosures: Leeward Planning Commission Jeffrey W. Darrow, Planning Director Jean Campbell, Esq., Deputy Corporation Counsel Suzanna Tiapula, Esq., Deputy Corporation Counsel Dean Au (Mar 19, 2025 01:55 PDT) March 19, 2025 -1- COUNTY OF HAWAI‘I STATE OF HAWAI‘I BILL NO. ORDINANCE NO. AN ORDINANCE ADOPTING THE COUNTY OF HAWAIʻI GENERAL PLAN 2045 AND REPEALING ORDINANCE NO. 05-025, AS AMENDED. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I: SECTION 1. The purpose of this ordinance is to adopt a General Plan in compliance with Section 3-15, Hawaiʻi County Charter and to repeal the 2005 General Plan adopted by Ordinance No. 05-025, as amended. SECTION 2. The attached document identified as Appendix A, which also includes the General Plan Land Use Maps and the Facilities Maps, is hereby adopted as the Hawaiʻi County General Plan. SECTION 3. Ordinance No. 05-025 (2005 General Plan) and subsequent amending Ordinance Nos. 06-153, 07-070, 09-161, and 14-087 are hereby repealed. SECTION 4. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. -2- SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI‘I , Hawai‘i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: C.Kimo Alameda,Ph.D. 4o sYAos h{`Y,, Jeffrey W. Darrow Mayor Director William V. Brilhante,Jr.Michelle S.Alm Managing Director e- —;;• Deputy Director f pp•HI• West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 TO: Hawai'i County Leeward and Windward Planning Commissions FROM: Planning Director Jeffrey Darrow 7eFF e W Wow Jeffrey arrw F'N202508:44 HST) DATE: February 18, 2025 SUBJECT: Director Darrow Recommended Amendments to Final Recommended Draft General Plan 2045 Thank you for your time, energy, and thoughtful deliberation of the Final Recommended Draft General Plan 2045. After listening to the public testimony and the deliberation from commissioners, I hereby transmit my recommended amendments to the Final Recommended Draft General Plan 2045. The recommended amendments include substantive and non-substantive edits. The non-substantive edits include: 1. Updating the glossary to remove terms not used in Final Recommended Draft General Plan 2045 a. Biomass b. Blighted Areas c. Daily Census d. Digital Divide e. Digital Equity f. Digital Inclusion g. High Hazard Areas h. Inclusionary Zoning i. Metes and Bounds 2. Updating the following definitions within the glossary a. Accessory Dwelling Unit-means a structure or portion thereof designed and used for single-family residential purposes and which can be detached from or attached to an existing residence,to be used for single-family occupancy and containing one kitchen. b. Agricultural-Based Commercial Operations- are allowed on lands within the State Land Use Agricultural District and includes a roadside stand,retail activities,retail food establishment, farmers' market, and food hub (in accordance with HRS 205- 2(d)(15)). www.plannina.hawaiicounty.aov Hawaii County is an Equal Opportunity Provider and Employer plannina(u),hawaiicounty.aov c. Natural Hazards- are dangerous natural events that can threaten life and property. Examples include wildfires, earthquakes,volcanic eruptions, floods, landslides, and tsunamis. d. Tax Increment Financing- a public funding method that uses future property tax increases to pay for community improvements. 3. Updating the glossary to add the following definitions a. Transient Accommodation-means the furnishing of a room, apartment, suite, single family dwelling, or the like to a transient for a designated period of time that provides living, sleeping, or housekeeping accommodations. b. Watershed-is an area of land that collects rainwater and directs it to a common outlet, such as a stream, lake, or ocean. 4. Adding Goal labels throughout Final Recommended Draft General Plan 2045. 5. Replacing"CO"with"CG" in Table 30: Public Access Spacing Standards on page 112. The substantive edits include: 1. Changing the name of the Urban Character Guidelines and Rural Character Guidelines to Standard Guidelines. These are found in the Introduction of the plan and found in the Character Design tables found on pages 91-94 and 99. 2. Removing Form-Based Code from glossary and Action 13.a 3. Replacing"resort nodes"with"resort areas" in policies 13.50 and 13.51 on page 89. 4. Changing the name of the Housing Character Guidelines to Affordable Housing Guidelines Standard on page 185. 5. Removing action 15.e regarding annual reporting for additional farm dwellings. 6. Adding in scenic corridor actions to the Transportation Access&Mobility Section. a. "Utilize the Scenic Corridor Program for Alii Dr between Keauhou and Captain Cook,with limited access and without commercial development." b. "Utilize the Scenic Corridor Program for Akom Pule Hwy between Kawaihae and Puakea,with limited access and without commercial development." 7. Adding action to Establish a public-private partnership, including financing strategies, for maintaining public access trails. Also included in my recommendations are edits to the Final Recommended Draft General Plan 2045 Land Use Map. These recommendations also include a list of corrections based on mapping errors that were reviewed and have already been included in the live mapping application. Please consider these recommendations as you deliberate and make your recommendation to the Hawaii County Council for adoption by ordinance of the Final Recommended Draft General Plan 2045. This package transmits the following electronically unless otherwise noted below: 1. Word document including in-line recommended edits shown as track changes to the original Final Recommended Draft General Plan 2045 document. 2. Slide presentation of Director recommended land use map edits (hard copy included). www.ylanning.hawaiicounty.gov Hawaii County is an Equal Opportunity Provider and Employer planning(dbawaiicounty.gov Director Darrow Recommended Amendments to Final Recommended Draft General Plan 2045 (02-18-2025) 1 2.2 2.2 Biocultural Stewardship Goal, Objectives, Policies, and Actions Page 48. New actions: Utilize the Scenic Corridor Program for Alii Drive (Mamalahoa Bypass Highway) between Keauhou and Captain Cook, with limited access and without commercial development. Utilize the Scenic Corridor Program for Akoni Pule Hwy between Kawaihae and Puakea, with limited access and without commercial development. Director Darrow Recommended Amendments to Final Recommended Draft General Plan 2045 (02-18-2025) 2 4.1 LAND USE - 4.1.3 Overview of Land Use Designations and Maps Page 84. Table 19: General Plan Land Use Designations and Maps “High Density Urban (HDU)” General commercial, [light] industrial-commercial mixed, multiple-family residential, and related services including Transit Oriented Developments (TOD)[ and light industrial]. Confined to Urban Growth Areas (UGA). [Dwelling density up to 87 units per acre.]Compatible Zoning may include CG, MCX, PD, RM, CDH. “Medium Density Urban (MDU)” Village and neighborhood commercial, light service industrial, and single-family and multiple-family residential and related functions including TODs or Traditional Neighborhood Development (TND). Confined to UGAs. [Dwelling density up to 35 units per acre.] Compatible Zoning may include CV, CN, PD, RM, RD, RS “Low Density Urban (LDU)” Residential, with ancillary community and public uses, and [neighborhood and ]convenience-type commercial uses, [and light industrial-commercial mixed use, ]including TND. [Dwelling density up to 12 units per acre.] Compatible Zoning may include RS, RCX, RA “Urban Expansion (UE)” Allows for a mix of high-density, medium-density, low-density, industrial-commercial mix, and/or natural designations in areas where growth may be desirable, but where specific settlement and infrastructure have not yet been determined. Compatible Zoning may include RS, RD, RM, RCX, CN, CG, CV, CN, MCX, PD, CDH, OPEN. “Light/Service Industrial (LI)” Uses include but are not limited to business parks, research and development centers, product assembly, distribution centers, laboratories, cottage industries, and light service industrial uses. Compatible Zoning may include ML, MCX. “Heavy Industrial (HI)” Uses include but are not limited to landfills, quarries, chemical plants, heavy equipment base yards, towing yards, and other uses with the potential to create public nuisance conditions (e.g., noise, environmental impacts). Compatible Zoning may include MG, ML, MCX. Director Darrow Recommended Amendments to Final Recommended Draft General Plan 2045 (02-18-2025) 3 “University (UNI)” Public university, including ancillary public uses, residential, and support commercial uses. Compatible Zoning may include UNV. “Resort (RES)” Uses include a mix of visitor-related uses such as hotels, condominium hotels (condominiums developed and/or operated as hotels), single-family and multiple-family residential units, golf courses and other typical resort recreational facilities, resort commercial complexes, and other support services. Compatible Zoning may include V. “Rural (RU)” Situated outside of UGAs. Except where noted, these areas should retain their rural character with low-density residential development, supporting small-scale commercial development, and agricultural land uses. Rural areas should not be targeted with the development of major public infrastructure or the extension of public sewer service except where a documented health, safety, and/or welfare condition warrants such an expansion. [Dwelling density up to 4 units per acre.] Compatible Zoning may include RA, FA, A, OPEN. “Productive Agriculture (PA)” Lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. (5-acre minimum lot size) Productive agricultural lands were determined by including the following lands: • Lands outside of UGAs identified as “Important Agricultural Lands” on the 2005 General Plan Land Use Pattern Allocation Guide maps. • Lands outside of UGAs identified in the Agricultural Lands of Importance to the State of Hawaiʻi (ALISH) classification system as “Prime” or “Unique”. • Lands outside of UGAs classified by the Land Study Bureau’s Soil Survey Report as Class B “Good” soils. (There are no Class A lands on the Island of Hawaiʻi) Lands classified as at least “fair” for two or more crops, on an irrigated basis, by the USDA Natural Resource Conservation Service’s study of suitability for various crops. • In North and South Kona, the “coffee belt”, is a continuous band defined by elevation, according to input from area farmers and the 2020 Update to the Hawaiʻi Statewide Agricultural Land Use Baseline Report. • State agricultural parks. [Dwelling density up to 1 unit per 5 acres, although additional may be allow with permitted additional farm dwellings.] Compatible Zoning may include FA, A. Director Darrow Recommended Amendments to Final Recommended Draft General Plan 2045 (02-18-2025) 4 “Extensive Agriculture (EA)” 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, tillable by machine, and climate. These lands are better suited for other less intensive agricultural uses such as grazing and pasture and can support additional residential densities when situated near UGAs. [Dwelling density up to 1 unit per acre, although additional may be allow with permitted additional farm dwellings.] Compatible Zoning may include RA, FA, A. “Natural (NAT)” Lands to be kept in a largely natural state with minimal facilities consistent with open space uses along with agricultural land uses. Includes areas vulnerable to natural hazards, steep slopes, lava fields, and areas set aside for cultural and/or natural resource preservation purposes that are not necessarily under active management. [Dwelling density on agriculture zoning up to 1 unit per acre.] Compatible Zoning may include RA, FA, A, OPEN. “Recreation (REC)” Parks, open space, and other recreational areas, such as golf courses, and shoreline setback areas not already in SLU Conservation. Compatible Zoning may include OPEN and adjoining Zonings. “Conservation (CON)” Forest and water reserves, natural and scientific preserves, areas in active management for conservation purposes, areas to be kept in a largely natural state with minimal facilities consistent with open space uses, such as picnic pavilions and comfort stations, and lands within the SLU Conservation District. Compatible Zoning may include OPEN. Director Darrow Recommended Amendments to Final Recommended Draft General Plan 2045 (02-18-2025) 5 4.1 LAND USE - 4.1.4 Urban Growth Areas Page 89. Policies 13.50 Encourage the addition of workforce housing opportunities within existing and proposed resort nodes areas. 13.51 Incorporate open and natural spaces within existing and future resort nodes areas. Director Darrow Recommended Amendments to Final Recommended Draft General Plan 2045 (02-18-2025) 6 4.1 LAND USE - 4.1.4 Urban Growth Areas Page 90. Actions 13.a Incorporate innovations such as [form-based code] “mixed-use zones” into the Zoning Code. Director Darrow Recommended Amendments to Final Recommended Draft General Plan 2045 (02-18-2025) 7 4.1 LAND USE - 4.1.4 Urban Growth Areas Page 91. Table 20: Transit-Oriented Development (TOD) Character Guidelines Urban Character Standard Guidelines Table 20: Transit-Oriented Development (TOD) Character Standard Guidelines Service Area Population 20,000 – 50,000 residents (approx. radius of ¼ to ½ mile) Approximate Commercial Land Area 15 acres Example Locations Downtown Hilo, Kailua Village, Waimea, Waikoloa GP Land Use Medium or High-Density Urban Optimal Residential Density 13 – 60 DU/Acre Number of Commercial Establishments 40+ Typical Uses Mixed uses and higher density residential, multi-family residential, retail, commercial, light industrial uses, regional shopping centers with full-size department stores and a full range of merchandise and services; theater; outdoor events area. Compatible Zoning RD, RM, V, CG, CV, MCX, ML, PD, CDH Access Access to one or more paved roads; commercial or public uses without direct driveway access to highway; complete streets, multimodal transport, active living corridors; transit hub; walkable Range of Possible Services District park, regional park; schools (all grades); community hall elderly or other special needs housing; medical facility with emergency room; police and fire station Character • Vernacular architecture that respects the historic context and scale of the community, usually subject to design criteria • Urban Grid Street Network • Limited driveway access • On-street parking • Public off-street parking • Landscaping (including street trees) commensurate with environment/water availability. • Sidewalks and/or walking or bike paths. Director Darrow Recommended Amendments to Final Recommended Draft General Plan 2045 (02-18-2025) 8 4.1 LAND USE - 4.1.4 Urban Growth Areas Page 92. Table 21: Traditional Neighborhood Development (TND) Character Guidelines Table 21: Traditional Neighborhood Development (TND) Character Standard Guidelines Service Area Population 10,000 – 20,000 residents Example Locations Volcano Village, Laupāhoehoe, Hāwī, Captain Cook, Pahala Approximate Commercial Land Area 10 – 15 acres GP Land Use Medium Density Urban Optimal Residential Density 13-35 DU/Acre Number of Commercial Establishments 20-40 Typical Uses Neighborhood-oriented retail uses and mixed uses; variety or junior department stores; convenience goods, “soft line” items (e.g., clothing), “hard line” items (e.g., hardware and small appliances); outdoor events area; bed-and-breakfast homes and small inns. Compatible Zoning RS, RD, RM, CN, V, CG, CV, PD, UNV Access Access to one or more paved roads; commercial or public uses without direct driveway access to a highway where feasible; walking and bicycling paths; transit stop Range of Possible Services District park, community park, elementary or middle school, child and adult care facilities, community center, elderly or other special needs housing, medical clinic Character • Informal, vernacular architecture that utilizes natural exterior material and earth-toned colors • Limited driveway access • On-street parking • Public off-street parking • Landscaping (including street trees) commensurate with environment/water availability • Sidewalks and/or walking or bike paths Director Darrow Recommended Amendments to Final Recommended Draft General Plan 2045 (02-18-2025) 9 4.1 LAND USE - 4.1.4 Urban Growth Areas Page 93. Table 22: Urban Neighborhood Center Character Guidelines Table 22: Urban Neighborhood Center Character Standard Guidelines Service Area Population 3,000 – 10,000 residents Approximate Commercial Land Area Up to 10 acres Example Locations Kaumana, Wainaku, Keauhou, Hawaiian Ocean View Estates, Hawaiian Paradise Park GP Land Use Low or Medium Density Urban Optimal Residential Density 3 – 12 DU/Acre Number of Commercial Establishments 5 – 20 Typical Uses Neighborhood and convenience-type retail and personal services Possible Compatible Zoning RS, RD, RM, RCX, V, CN, CV, RA Access Access to one or more paved roads; commercial or public uses without direct driveway access to a highway where feasible; connections to walking and bicycling paths; transit (or paratransit) stops Range of Possible Services Community park, neighborhood park, elementary school, multi- purpose meeting room or (minimum) place to congregate or post community notices, outdoor events area (e.g., barbeques and farmer’s markets) Character • Informal, vernacular architecture that is small in scale and reflects a residence ambiance, utilizes natural exterior material and earth- toned colors • Limited driveway access • On-street parking • Landscaping (including street trees) commensurate with environment/water availability • Sidewalks and/or walking or bike paths Director Darrow Recommended Amendments to Final Recommended Draft General Plan 2045 (02-18-2025) 10 4.1 LAND USE - 4.1.5 Rural Page 99. Table 26: Rural Neighborhood Character Guidelines Table 26: Rural Neighborhood Character Standard Guidelines Service Area Population Up to 3,000 residents Approximate Land Area 1 – 5 acres GP Land Use Low-Density Urban, Rural Example Locations Kurtistown, Holualoa, Hokulia, Hawaiian Ocean View Estates, Volcano Village, Hawaiian Paradise Park, Kaumana City Optimal Residential Density 1 – 12 DU/Acre Number of Commercial Establishments 1 – 5 Typical Uses Primarily low-density residential. Limited neighborhood-serving businesses may be allowed to provide goods and services for daily needs and community gathering spots. Civic uses (e.g., fire stations, schools, churches, etc.) and additional dwelling units may also be allowed provided such uses are oriented toward serving the needs of rural, low- density neighborhoods. Compatible Zoning RS, RM, RCX, CV, CN, RA, FA Access Access to one or more paved roads; commercial or public uses without direct driveway access to a highway where feasible; connections to walking and bicycling paths; transit (or paratransit) stops. Range of Possible Services Typical services may include retail and personal services, neighborhood park, elementary school, multi-purpose meeting room or (minimum) place to congregate or post community notices, and outdoor events area (e.g., barbeques and farmer’s markets). Character • Informal, vernacular architecture that is small in scale and reflects a residence ambiance, utilizes natural exterior material and earth-toned colors • Limited driveway access, on-street parking, public off-street parking • Landscaping (including street trees) commensurate with environment/water availability • Sidewalks and/or walking or bike paths Director Darrow Recommended Amendments to Final Recommended Draft General Plan 2045 (02-18-2025) 11 4.1 LAND USE - 4.1.6 Agriculture Page 101. [15.e Amend the County Code and associated Planning Department Rules to establish annual reporting for additional farm dwellings.] Director Darrow Recommended Amendments to Final Recommended Draft General Plan 2045 (02-18-2025) 12 4.2 TRANSPORTATION ACCESS AND MOBILITY - 4.2.3 Acting Living Corridors and Public Access Page 111. New action: Establish a public-private partnership, including financing strategies, for maintaining public access trails. Page 112. Minor correction to GP Land Use Designation Table 33: Public Access Spacing Standards RESOURCE TYPE GP LAND USE DESIGNATION DESIRED SPACING Shoreline For lands in the RS, RD, RM, V, CO CG, CN, and CV districts 800 to 1,000 feet apart For lands within a destination resort community or a major, intermediate, or minor resort area as defined in the general plan and determined by the director, regardless of the zone district designation(s) 1,000 to 2,000 feet apart, provided that the planning commission may extend the spacing to a maximum of 2,500 feet where deemed warranted by site conditions For lands within the A districts 1,000 to 2,500 feet apart for A-1a, 1,500 to 2,500 feet apart for all other zoned districts For lands in the O and U districts 2,000 to 2,500 feet apart High Cliff 2,000 to 2,500 feet apart unless a resource needs additional access Mountain For all zone districts As determined by the director to provide reasonable means to access public trail sections and public facilities Director Darrow Recommended Amendments to Final Recommended Draft General Plan 2045 (02-18-2025) 13 4.5.2 Housing Goal, Objectives, Policies, and Actions Page 185. Table 48: Affordable Housing Character Standard Guidelines Affordable housing developments should provide a minimum of the following: Health and Safety Viable, safe, and sanitary housing communities with quality living environments. Equity Opportunities for families of various socio-economic levels. Household Types A mix of housing types when possible, such as multifamily, duplex, townhomes, etc. Additional Infrastructure Provide adequate broadband. Recreational Amenities • Open space and outdoor recreational amenities, such as playgrounds, courts, pavilion, etc. • Indoor community spaces, such as community kitchens, gathering areas, etc. Location • Ideally located in proximity to and integrated into existing and proposed urban and rural centers, to ensure easy access to necessary goods and services, employment centers, recreation, and other quality of life amenities. Planning Director’s Recommended Amendments to Final Recommended Draft General Plan Land Use (GPLU) Map Rationale: The Planning Director’s proposed changes to the GPLU Map were based on State Land Use, County zoning, and the Community Development Plans (CDPs). Index 1: Puna District 1a: Pāhoa 1b: Near Leilani Estates 1c: Hawaiian Paradise Park 1d: Orchidland Estates 1e: Mountain View 1f: Mauna Loa Estates, Volcano 1g: Volcano Golf Course 1h: Lehuanani St., Glenwood 1i: Kaimū 2: South Hilo District 2a: Waiākea House Lots 2b: Rainbow Drive 3: North Hilo District –no proposed changes 4: Hāmākua –no proposed changes Index 5: North Kohala 5a: Hāwī-Honomakau 5b: Kapaʻau & Halaula 5c: Māhukona 5d: Kohala Ranch (mauka) 5e: Kohala Ranch (makai) 6: South Kohala 6a: Waikōloa Resort 6b: Waikōloa Village 6c: Waikōloa Quarry 6d: Puakō 7: North Kona 7a: Kainaliu 7b: Honalo 7c: Holualoa 7d: Pualani Estates 7e: Kaloko Heights 7f: Aliʻi Drive 7g: Kailua-Kona 7h: Kaiminani 7i: Makalei Estates 8: South Kona 8a: Kona Paradise 8b: Kealakekua 8c: Hokuliʻa (mauka) 8d: Hokuliʻa (makai) 8e: Hokuliʻa Golf Course 9: Kaʻū 9a: Hawaiian Ocean View Estates Land Use Map Legend 1. PUNA DISTRICT MDU LDU 1a: Pāhoa •Proposed change from Urban Expansion (UE) to Low Density Urban (LDU). •Proposed change from LDU to Medium Density Urban (MDU)along Village Rd. (like LUPAG) •Rationale: To align with 2005 GP and Puna CDP, and provide greater density along Village Rd. Final Recommended Draft GP Proposed Change Zoning Pāhoa Current LUPAG (2005) UE MDU LDU EA RUR IAL Pāhoa Puna CDP 1b: Near Leilani Estates Rationale: Proposed change from Productive Agriculture (PA) to Extensive Agriculture (EA) due to LSB soil classification C & D. There is also an existing permitted quarry with plans to expand. EA Final Recommended Draft GP Proposed Change PA 1c: Hawaiian Paradise Park Rationale: Proposed change from Rural (RU) to Heavy Industrial (HI) due to the existing uses and number of special permits along the strip between the highway and 33rd Avenue. The Puna CDP also reflects the proposed industrial designation. Final Recommended Draft GP Proposed Change HI 1d: Orchidland Estates Rationale: Proposed change from LDU to MDU to be consistent with Puna CDP, which identifies the Orchidland Neighborhood Village Center to be located along Orchidland Drive from Highway 130 to halfway between 34th and 35th Avenues. MDU Final Recommended Draft GP Proposed Change LDU 1e: Mountain View Rationale: Proposed change from RU/LDU to MDU. The Puna CDP identifies the Mountain View Community Village Center, which is focused on the existing core of a commercial-zoned area of more than 3 acres. The MDU designation is more suitable to support Village Commercial. MDU (Revert to 2005 LUPAG MDU node) Final Recommended Draft GP Proposed Change LDU Mountain View Zoning 2005 LUPAG 1f: Mauna Loa Estates, Volcano Rationale: Proposed change from RU to LDU to align with the zoning and lot sizes. NAT RU MDU REC Final Recommended Draft GP Proposed Change LDU Mauna Loa Estates, Volcano RS-10 RS-20 CV-10 CV-20 RU LDU MDU Zoning 2005 LUPAG 1g: Volcano Golf Course Rationale: Proposed change from RU to LDU to be consistent with existing zoning. LDU Final Recommended Draft GP Zoning Proposed Change RS-15 1h: Lehuanani St., Glenwood Rationale: Proposed change from MDU to RU to be consistent with the State Land Use, Zoning, and 2005 LUPAG. SLU – Ag Zoning – A1-a LUPAG – rural RU Final Recommended Draft GP Proposed Change 1i: Kaimū Rationale: Proposed change from RU to MDU to align with existing Resort and Residential zoning. Final Recommended Draft GP Proposed Change Kaimū Zoning 2. SOUTH HILO DISTRICT 2.a: Waiākea House Lots Rationale: •Proposed change from REC to MDU to be consistent with CN zoning. •Proposed change from MDU to HDU to be consistent with CG zoning. •Proposed change from MDU to LI due to GP amendment approved in 1991 from MDU to Ind. Also consistent with ML zoning. MDU HDU L I Final Recommended Draft GP Proposed Change Waiākea House Lots Zoning •CN-10 •CG-7.5 •ML-20 2b: Rainbow Drive Rationale: Proposed change from NAT to LDU to align with SLU Urban and zoning. Final Recommended Draft GP Proposed Change Zoning LDU 3. NORTH HILO DISTRICT No proposed changes 4. HĀMĀKUA DISTRICT No proposed changes 5. NORTH KOHALA DISTRICT 5a: Hāwī- Honomakau LDU PA PARationale: •Proposed change from LDU to PA to be more consistent with SLU Urban, North Kohala CDP, and multiple requests from community and the North Kohala Advisory Group. Final Recommended Draft GP Proposed Change 5b: Kapaʻau & Halaula PA PA RU Rationale: Proposed changes are intended to be consistent with SLU Urban, North Kohala CDP, and multiple requests from community and the North Kohala Advisory Group. 5c: Māhukona Rationale: •Proposed change from CON to EA to consistent with purchase agreement and landowner’s plans for agriculture and restoration for community and place-based education. •Proposed change from CON to REC due to County park site. REC EA Final Recommended Draft GP Proposed Change 5d: Kohala Ranch (mauka) Rationale: Proposed change from RU to EA to be consistent with the zoning and use. EA EA Final Recommended Draft GP Proposed Change 5e: Kohala Ranch (makai) Rationale: Proposed change from LDU to EA to be consistent with adjacent uses and to decrease potential density along the shoreline. EAFinal Recommended Draft GP Proposed Change 6. SOUTH KOHALA DISTRICT 6a: Waikōloa Resort Rationale: Proposed change from NAT to RES to be consistent with surrounding resort development. Final Recommended Draft GP Proposed Change 6b: Waikōloa Village Rationale: •Proposed change from LI to HI to be consistent with existing and planned uses. •Proposed change to expand LI to be consistent with MCX zoning and to provide future opportunity for adjacent LI uses. HI LI Final Recommended Draft GP Proposed Change 6c: Waikōloa Quarry Rationale: Proposed change from UE to HI to be consistent with approved quarry operation by Special Permit. HI 6d: Puakō Rationale: Proposed change from LDU to MDU to be consistent with Resort zoning and existing development. Current LUPAG (2005) has MDU node in this area. MDU Final Recommended Draft GP Proposed Change Zoning 7. NORTH KONA DISTRICT 7a: Kainaliu Rationale: Proposed change from LDU to MDU to be consistent with existing Village Commercial zoning. MDU Final Recommended Draft GP Proposed Change Zoning 7b: Honalo Rationale: Proposed change from RU to MDU to be consistent with existing Village Commercial zoning. MDU Final Recommended Draft GP Proposed Change Zoning 7c: Holualoa MDU Rationale: Proposed change from RU to MDU to be consistent with Village Commercial and Resort zoning. Final Recommended Draft GP Proposed Change Zoning 7d: Pualani Estates MDU LDU Final Recommended Draft GP Proposed Change ZoningRationale: •Proposed change from MDU to LDU to be consistent with zoning. •Proposed change from UE to MDU to match the overall change to MDU to the south. 7e: Kaloko Heights LDU Rationale: Proposed change from MDU to LDU to be consistent with the zoning. Final Recommended Draft GP Proposed Change Zoning MDU 7f: Aliʻi Drive Rationale: •Proposed change from RU to MDU to support existing and future developments for the area. •Proposed change from NAT/MDU to LDU to be consistent with zoning. MDU LDU RU LDU Aliʻi Dr 2005 LUPAGZoning 7g: Kailua-Kona Rationale: Proposed change from MDU to HDU to be consistent with General Commercial zoning HDU Final Recommended Draft GP Proposed Change Zoning 7h: Kaiminani Rationale: •Proposed change from NAT to LDU and MDU to be more consistent with SLU Urban, adjacent development, and future affordable housing projects on government lands. •Also better supports the future extension of Ane Keohokalole Hwy. MDU LDU LDU Kaiminani Current LUPAG (2005) 7i: Makalei Estates Rationale: Proposed change from RU to EA to be consistent with existing 3-acre lot size and zoning. Proposed change from PA to LDU to be consistent with current use. LDU EA Final Recommended Draft GP Proposed Change 8. SOUTH KONA DISTRICT 8a: Kona Paradise Rationale: Proposed change from EA to RU to be consistent with lot size (average 7500 sq ft.) RU Final Recommended Draft GP Proposed Change Kona Paradise Zoning •A-5a 8b: Kealakekua Rationale: •Proposed change from NAT (in SLU Urban) to LDU to be consistent with SLU Urban and adjacent development. •Proposed change from NAT (in SLU Ag) to PA. •Keep Rec as-is. Final Recommended Draft GP Proposed Change LDU PA PA Zoning Hokuliʻa Proposed Land Use Changes 8c: Hokuliʻa (mauka) LDU MDU Rationale: •The proposed LDU and MDU match existing and surrounding uses. •The proposed change from RU to EA is consistent with the 2005 GP and zoning. CON CON CON EA EA 8d: Hokuliʻa (makai) Rationale: •Proposed change from Nat to Rec (see top triangle). Part of golf course and trail. •Proposed change from Nat to Ext Ag (see bottom triangle). •Proposed change from Nat to Cons due to historic sites. •For all other Rural, revert to Ext Ag to be consistent with 2005 GP & zoning. Nat  Rec Rec Ext Ag Final Recommended Draft GP Proposed Change Ext Ag 8e: Hokuliʻa Golf Club Rationale: •Proposed changed from NAT to REC (golf course and club house) to be consistent with the use. •All other rural to convert back to EA. REC REC EA Final Recommended Draft GP Proposed Change 9. KAʻŪ DISTRICT 9a: Hawaiian Ocean View Ranchos Rationale: Proposed change from RU to EA to be consistent with A-3a zoning. EA Final Recommended Draft GP Proposed Change Hawaiian Ocean View Ranchos Zoning •A-3a From: Bauer,Jackson M To: WPCtestimonv; LPCtestimonv Cc: Terrence Noda;Chuck Flaherty Subject: Testimony for General Plan comprehensive review Date:Tuesday, February 18, 2025 2:33:31 PM Attachments: NAH AC FINAL Letter re General Plan.odf Aloha Windward and Leeward Planning Commissions, On behalf of the Hawaii Island Na Ala Hele Advisory Council, attached please find written testimony in regards to the comprehensive review of the General Plan. Jackson M. Bauer Hawaii Island Na Ala Hele Trails and Access Specialist, Division of Forestry and Wildlife, Department of Land and Natural Resources 19 East Kawili Street Hilo, Hawai?i 96720 808-657-8041 iackson.m.bauerrcDhawaii.gov y ALA E0E Hawail Trail 6 Access System February 18,3O25 To: County ofHavvai'i Windward Planning Commission c/o Hilo Planning Department Office 101 Pauahi Street,Suite 3 Hilo, HI 96720 Leeward Planning Commission c/o Kona Planning Department Office West Havvai'i Civic Center 74-5U44/\neKeohok5|o|eHighway, Building E, 2 u" Floor Kai|ua-Kona, H| 96740 From: Terrence Noda, Chair Haxvai'i Island N5 Ala He|a Advisory Council c/o Division of Forestry and Wildlife 19 E. Kavxi|i5treet Hilo, HI 96720 Re.: Testimony on the Havvai1 County Draft General Plan Aloha Chairs DeFranco and Daniele and members of the Leeward and Windward Planning Commissions, The Hawaii Island N5 Ala Hele Advisory Council (Advisory Council)would like to express its appreciation for the volunteer service each ofthe Commissioners provides toHaxvai'i Island. |n response toLeeward and Windward Planning Commissions request for further public advice and assistance during their General Plan comprehensive review process,the Advisory Council would like to assist the county Planning Commissioners by providing the following comments and recommended amendments. About the N5 Ala Hele Advisory Council The N5 Ala Hele Advisory Councils were established by Hawai'i Revised Statute 198D to provide advice and assistance to the Department of Land and Natural Resources in implementing the N5 Ala Hele Program. In addition, Havvai'i Revised Statutes§198O-9, "Other powers and duties of department [Department of Land and Natural Resources]", provides further guidance: "The department: Division of Forestry and Wildlife phnne:uo*yn4-«2z1 ss.xawm Street,Hilo,*l narzu Department o,Land and Natural Resources pax: 808974-4226 sman:jacksvn.m.uaue,@xawao.co, 4)Shall coordinate its activities under this chapter, including its compilation of the inventories and classifications of trails and accesses,with other public agencies; 5)Shall advise and,when able,assist other public agencies in the development,construction, operation, maintenance,and regulation of trails and accesses under the other agencies'jurisdiction;...... Related Hawaii County Code Chapter 34-4(b): The location ofpublic shoreline and mountain areas and existing shoreline,coastal and public mountain trails shall be determined by the [Planning Department] director in consultation with the State department of land and natural resources and the department of parks and recreation and shall be established by rule pursuant to chapter 91, Hawai'i Revised Statutes.The director shall solicit such information from such agencies upon adoption of the ordinance codified in this chapter and from time to time thereafter.Such rules shall include maps depicting the public-owned areas and the approximate location of the existing public trails, and may provide for supplementation of listed areas and trails upon publication of notice in lieu of rule amendment. Provided,that the rules shall be amended not less than every five years to incorporate any supplemental changes made since prior rule adoption and toallow public comments on practices and procedures established under such rules." The Island N5 Ala Hele Advisory s Review of the Hawail County General Plans At its February 12,2025 meeting,the Advisory.Council reviewed language related to public access,trails, recreation, and scenic resources inthe: 1) current county General Plan adopted in2OO5 (current GP), 2) draft General Plan 2040 released by the county Planning Department in 2019 (dGP2040),and 3> current draft General Plan 2045 released by the Planning Department in 2023 (dGP2045). For your easy reference and comparison,we have excerpted the relevant Objective, Policies,and Actions and provided then in this letter the specific language reviewed in each of these plans as follows: 1) Appendix 4, dGP2D4O 2\ Appendix 8, dGP2O45 3) Appendix C, current GP We have also included excerpts from the Ala Kahakai National Trail Memorandum of Understanding as the MOU directly relates tm the county of Hawaii in Appendix D. During its review,the Advisory Council noted that both the dGP2040 and dGP2045 are complete rewrites of the current GP. Because of this, one focus of our review was to determine the extent to which the dGP2040 and dGP2045 effectively include the Policies and Actions contained within the current GP. The Advisory Council found that the dGP2040 effectively includes all Policies and Actions related to public access, trails, recreation,and scenic resources in the current GP,while the dGP2045 does not. Another focus was to compare the language within dGP2040 and dGP2045 related to public access, trails, recreation, and scenic resources. The Advisory Council found that the dGP2040 contains 23 Policies,26 Actions, and 6 Agency Actions related to public access,trails, recreation, and scenic resources,which are presented in a straight- forward,comprehensive, easy-to-understand,and organized manner. However,the dGP2045 contains only 10 Policies and 3 Actions related to public access,trails, recreation, and scenic resources. Because of the lack of organization of these within the plan,the only practical means to find these was to: 1)go online to access the private contractor Konveio's, online website and software, and 2) learn how to use the software and key word searches. We found the Policies and Actions are scattered throughout dGP2045, making it nearly impossible for a member of the public or professional planner to assess the extent to which public access,trails, recreation, and scenic resources are addressed, much less how to integrate existing laws, rules, regulations, and programs,when compared to the rationale and actions contained in dGP2040." Hawaii Island Na Ala Hele Advisory Councils Recommendations After its review,the Advisory Council finds that the Objectives, Polices and Actions related to public access,trails, recreation,and scenic resources contained within dGP2040 are far more comprehensive, complete,and actionable as compared to the dGP2045. In addition,the Advisory Council finds that the Policies and Actions in dGP2040: 1) better identify relevant laws,rules,regulations,public involvement,and collaboration between the county and other agencies,including the Advisory Council,as they relate to public access,trails, recreation,and scenic resources, 2) better assure implementation of the General Plan as it relates to public access,trails, recreation,and scenic resources,and 3) contain the Scenic Resources Protection Programs and Strategies resulting from the Hawaii County Scenic Resources Inventory and Mapping Project,which was specifically prepared and completed for the General Plan comprehensive review, For instance,the following Actions in dGP2040 are not listed in dGP2045: 1) Action 4.52,"Actively implement the Ala Kahakai National Historic Trail Memorandum of Understanding" (document attached), 2) Action 4.56,"Establish a County of Hawaii Public Access and Trail Program with sufficient staff and resources. Staff will be required to consult/consider recommendations of this program in all permit reviews." The dGP2040 further lists the specific recommended elements of this program,and 3) Action 4.93, "Establish a Scenic Resources Protection Program to identify, inventory,and protect areas of significant beauty." The dGP2040 further lists the specific recommended elements of this program. We noted that the Scenic Resources Protection Programs and Strategies are not contained within dGP2045, but are contained within dGP2040. Therefore,dGP2045 is not nearly as actionable as is dGP2040. In Conclusion The Advisory Council believes these recommendations represent a more comprehensive and rational approach to the subject of public access and trails. They are more actionable and better address the serious implementation concerns that members of public continue expressed since dGP3O45was first released in September 3O%3. As such,the Advisory Council urges the Commissions to consider our recommendations for amending dGP2O45 during your decision-making process. Maha|o for this opportunity tocomment. APPENDIX A Recommended Amendments to Draft General Plan 2045 (Released in 2023), as Excerpted from Draft General Plan 2040 (Released in 2019) PROMOTING ACTIVE LIVING THROUGH RECREATION, TRAILS, & PUBLIC ACCESS Public Access& Trails SUSTAINABILITY OBJECTIVE Number of public access sites created through acquisition or easement or enhanced with assistance from CZM funding or staff. POLICY 404. The County of Hawai'i shall establish: public access to and along the shoreline to significant historic sites, public transit along the top of cliff, streams and other natural water courses, mauka trails, facilities, and access to sites for gathering, hunting, and other recreational purposes and in accordance with Hawai'i County Code Chapter 34. Rationale: Based on existing County Code 34, General Plan Policy 12.3 (I, m), Ka'u CDP Policy 81, and Hamakua CDP Policy 48] 405. Subdividers of six or more lots, parcels, units, or interests shall be required to dedicate land for public access for pedestrian travel from a public highway or street to the land below the high-water mark on any coastal shoreline or to areas in the mountains where there are existing facilities for hiking, hunting, fruit-picking, ti leaf sliding, and other recreational purposes, and where there are existing mountain trails. Rationale: Based on existing HRS 46-6.5 and HCC 34-4(c)).] 406. Prior to disposing of, leasing, or transferring public lands, including public roads or trails, public access potentials shall be assessed, documented and protected if public access use is in the public's interest. Rationale: Based on existing HRS Section 46-1.5, Hamakua CDP Policy 50, and General Plan 12.3 (n).] 407. Ensure that publicly owned historic trails and roads are properly identified, and consultation occurs to protect the public's interests. Rationale: Based on the Highways Act of 1892, Hamakua CDP Policy 50, and the General Plan 12.3 (n).] 408. Alignment of coastal trails shall consider flexibility for realignment for sea level rise and other dynamic shoreline changes. [Climate Change] Rationale: Based on current status of some impacted coastal areas and research relating to projected sea level rise impacts on coastal assets. See also California Coastal Commission Sea Level Rise Policy Guidance.] 409. Determine the location and ownership of historic trails and roads as early as possible in the land use application process. Rationale: Based on identified challenges with ownership of historic trails and roads and the subsequent legal implications. See also General Plan Policy 13.2.3 (q)] 410. Where a subdivision is traversed by a natural water course, drainage way, channel, or stream, the Planning Director should require a pedestrian, equestrian, and/or bicycle path when the opportunity exists to connect to existing or future drainage or trail corridors. 411. Trails may also be used as emergency access routes, where appropriate. 412. Support the development of a Rails to Trails type program to facilitate the conversion of old railway segments to a public trail network. 413. Seek private-public partnerships to manage and maintain public access to the shoreline, public trails, hunting areas, scenic places and vistas, and significant historic sites, buildings, and objects of public interest. [Public Access] 414. Explore options and collaborate with community groups to increase access to former sugar cane roads to be used as non-motorized trails where feasible and appropriate. ACTION 4.49 Amend code to require bicycle and walking path easements be developed in urban areas to increase walkability and multimodal transportation options. [Code] 4.50 Work with the State and adjacent landowners in establishing old railroad right-of- ways as pedestrian and bicycle trails. 4.51 Identify by GPS coordinates all existing historic trail alignments that (a) have been recommended for preservation by SHPD, (b) appear on historic maps and/or are known by oral tradition, and incorporate these into the County GIS database. 4.52 Actively implement the Ala Kahakai National Historic Trail Memorandum of Understanding. 4.53 Appropriate, finance, allot, and encumber Capital Improvement Projects in support of trail development as part of a regional trail system. 4.54 Add public access requirements as listed in Hawai'i County Code Chapter 34 Public Access to apply to Chapter 23 Subdivision Code, SMA review, zoning code, special permits, etc. [Code] 4.55 Develop and implement a public-private program to establish and manage specific access points and trails. SUSTAINABILITY OBJECTIVE Develop and maintain a public access program that integrates recreation, subsistence, and cultural access priorities. POLICY 415. Integrate Public Access into County department priorities in the following ways: a) Incorporate public access and development into a program overseen by the Planning Department as per Chapter 34. b) Integrate PONC property management and maintenance into the Parks and Recreation code in Chapter 2: Article 11 and Chapter 15: Parks and Recreation. c) Develop adequate staff to carry out the provisions of Chapter 2 Article 42, relating to the PONC maintenance fund (as per: Section 2-214.2 (b). Pursuant to section 10-16(c) of the Charter, the maintenance fund shall be administered and managed by the department of parks and recreation. Adequate staff to carry out the provisions of this article and section 10-16 of the Charter shall be provided in the department of parks and recreation. Rationale: Based on identified gaps in addressing or applying public access regulations and procedures consistently between the various County Departments. The County lacks capacity to fulfill its existing public access objectives without increasing staff capacity, maintenance capacity, and without having clearer directives between the various departments to implement a cohesive public access program.] 416. Integrate County public access priorities in all aspects of land use decisions and permit reviews. 417. Consistently integrate public access development and maintenance into Parks and Recreation department priorities. 418. Support facility development for access management at access points and along trail corridors. ACTION 4.56 Establish a County of Hawai'i Public Access and Trail Program with sufficient staff and resources. Staff will be required to consult/consider recommendations of this program in all permit reviews. Elements of this program may include: a) A comprehensive access inventory; b) A public access rating system to help with prioritization; c) Comprehensive reviews of projects (on public or private lands) that will affect public accesses and trails; d) Inventory of ancient trails, cart roads, and old government roads in coordination with appropriate State agencies. e) Public outreach and coordination element. f) Identify agencies/groups to develop, administer, and maintain public accesses, including developing County capacity for this purpose; g) Identify funding sources to purchase and manage public access easement to priority areas; h) When public access goals will involve several landowners, acquire the public access incrementally as opportunities arise to do so; i) Public accesses that cross private land will be acquired and held until appropriate management of the accesses is in place; j) Collaborate with State and Federal agencies on public accesses that require multi- agency involvement; k) Develop a standardized template to promote consistency and comprehensiveness in the public access plans required by landowners; 1) Partner with community organizations capable of assisting with public access management; m) Work with State agencies (particularly with DOFAW) to coordinate, survey, develop, and manage public trails and roads leading to forest reserves; n) In co-sponsorship with the State when possible, acquire land for public access to historic sites and objects and to the shoreline where safe transit does not already exist; o) Reinstitute a Public Access Wayfinding program managed by the Planning Department to assist interested community groups in maintaining appropriate signage at public access points; p) Provide cultural and safety information at trailheads; q) Provide for substantive community input to the County Planning Department and the County Council in order to finalize and accept priority access. Include community input in program policy. r) Whenever the County assumes the responsibility for posting and maintaining signage and maintaining public accesses and other public infrastructure, a specific County agency will be identified and assigned the aforementioned responsibilities. [Code, Public Access] 4.57 Amend the subdivision code to better address public access issues in the following ways: a) Revise/Develop enforcement protocols for public access violations, including fines for noncompliance and mechanisms to remove private obstructions from public accesses; b) Review Hawai'i County Code Chapter 34 requirements for public access standards, including design that fits into surrounding community, environment, and conditions. Establish parameters for requiring appropriate right-of-way, parking, and comfort stations for various types of public accesses/trails and incorporate these into Chapter 34; c) Amend Hawai'i County Code Chapter 34 to develop a clear methodology to modify public access routes in order to adapt to sea level rise, landslides and erosion, and other impacts related to environmental impacts and climate change; d) Amend Hawai'i County Code Chapter 34, Rule 21, Chapter 23, and Chapter25 CA 1.1.1 to ensure access and trail rights-of-way during subdivision. [County Code] 4.58 Complete an inventory and database of significant natural resource areas with recreational and trail connectivity value. 4.59 Adopt an on-going program of identification, designation, and acquisition of areas with existing or potential recreational resources, such as land with sandy beaches and other prime areas for shoreline recreation in cooperation with appropriate governmental agencies. 4.60 Develop procedural rules and templates for public access agreements and Grant of Easement (GOE) to facilitate consistency and to provide mechanisms for tracking, follow- through, and geographic information system (GIS) identification in County of Hawai'i systems, etc. 4.61 Develop procedural guidelines for renegotiating access agreements. 4.62 Renegotiate public accesses that were developed prior to Chapter 34 to be consistent with Chapter 34. 4.63 Evaluate and initiate Charter & code amendments related to Public Access, Open Space and Natural Resource Preservation (PONC). These may include: a) Clearly distinguish categories of PONC property, such as active or passive use, conservation, restoration, natural buffer areas, access uses, etc. (for AGENCY ACTION 4.67 Coordinate with State agencies to improve access and access/trail management resources (including policies, conditions, identification, cataloguing, enforcement, maintenance, etc.). 4.68 Consider establishing a working group with surrounding land owners and the user- community to educate users and manage ATV use to ensure that non-pedestrian allowances are not permitted within sections of modern trails that overlap, are congruent, or correspond to ancient or historic trails and its associated features. 4.69 Coordinate with hunting associations and other land stewards, to establish clear hunting policies and disseminate education regarding these policies. 4.70 To facilitate greater public access to and along the shoreline and elsewhere, amend Hawai'i Revised Statutes 520, Hawai'i's Recreational Use Statute (RUS), to make it less ambiguous and to discourage frivolous lawsuits. SUSTAINABILITY OBJECTIVE Increase participation in scenic preservation programs (Heritage Corridors, Scenic Byways, Scenic Corridors and Exceptional Trees) POLICY 447. Hawaii County shall use the following place types as guidelines for designating sites and viewsheds that shall be protected: a) Distinctive and identifiable landforms distinguished as landmarks and/or cultural landscapes, e. g. Mauna Kea, Waipi'o Valley. b) Coastline areas of striking contrast, e. g. Laupahoehoe Point c) Vistas of distinctive features d) Natural or native vegetation attractive to a particular area. e) Landscapes that are harmoniously developed, enhanced by man while maintaining their natural appearance, e.g. Pu'ukohola, 'Akaka Falls. f) Lands with a general slope of 20 percent or more that provide open space amenities or possess unusual scenic qualities. Rationale: Based on the Standards from General Plan 7.4 (a-e) and 8.4 (c).] 448. Visual impact assessments shall include photo simulations or balloon tests with views from various vantage points to show visual impact of a proposed project. Rationale: Creating visual modeling through photo simulations or balloon tests are common strategies used in visual impact assessments in other municipalities. These visual impact assessment tools would help achieve General Plan 7.2 Goals and policies 7.3 ( b, e, h, i).] 449. Prioritize maintaining the views at scenic overlooks with a frequently maintained vegetation management program which includes eradication of invasive species. Coordinate this work with regular roadway vegetation management maintenance program. Rationale: Based on identified challenges with vegetative management of existing scenic overlook and the prevalence of the views being obstructed by invasive species or other vegetation. See also Hamakua CDP 38, Kokua Action 9, and General Plan 7.2 (b), 7.3 (a, b, c, f).] 450. Maintain a continuing program to identify and inventory exceptional trees, forest areas, or groves/stands of trees. Rationale: Based on Standards from General Plan 7.3 (g) and policies 7.4 (a-e) 8. 3 (j, k, m.] 451. Maintain the Exceptional Tree Program for the recognition and protection of trees with significant or unique historical, ecological, cultural and/or aesthetic significance. Rationale: Based on General Plan policy 7.3 (g).] 452. No variance shall be granted unless appropriate conditions are imposed to minimize adverse impacts on public views to, from, and along the shoreline. Rationale: Based on Hamakua CDP Policy 17, General Plan goals 7.2 (a-c), and policies 7.3 (b), 8.3 (c, d). See also HRS 205A. 453. Do not allow incompatible development in areas of natural beauty that have been identified through the Scenic Resources Protection Program. Rationale: Based on an identified need to identify natural beauty areas through a scenic resource protection program and restrict development appropriately to ensure scenic resources are not lost to development. Based also on General Plan policies 7.3 (h, i).] Mapping] 454. Applications for Special Permits and environmental assessment reports for proposed changes of zone on property that may impact open space, viewsheds, and areas of natural beauty shall include visual impact assessments and propose conditions to mitigate scenic impacts. Rationale: Based on identified needs to protect scenic resources, open space and natural beauty in the special permit process. Also based on Hamakua CDP policy 33 and ACTION 4.88 Develop and establish viewshed regulations to preserve and protect from obstruction scenic resources, vistas, viewsheds, open space, prominent landscapes, and areas of natural beauty identified in the General Plan. 4.89 Develop and maintain a program to identify, inventory, preserve, acquire, and develop (where appropriate) viewing sites on the island. [Transportation] 4.90 Collaborate with the State to modify zoning on publicly-owned parcels that have been identified as having special cultural and/or scenic value. [Land Use] 4.91 Identify valued scenic resources in the Coastal Zone Management area. [Land Use, Mapping] 4.92 Identify and develop scenic lookouts along highways to ensure important views coastal, mountain, and waterfall) are preserved from development, create various opportunities to view these scenic resources, and develop a vegetation maintenance program. 4.93 Establish a Scenic Resources Protection Program to identify, inventory, and protect areas of significant beauty. The program would include: a) Rate viewsheds and roadway corridors documented in the Scenic Resources b) Inventory and Mapping Project (June, 2016) c) Develop scenic resource and viewshed corridor maps d) Develop administrative rules to implement Hawai'i County Code section 25-6-60 e) Develop Scenic Corridor Management Plan(s) for specific corridors identified. Scenic Corridor Management Plan(s) should include permit conditions, such as design guidelines, landscaping, screening, or structural setbacks from major thoroughfares and highways, to mitigate any visual impacts from development. f) Prepare Urban Design and Scenic Resource Protection Guidelines g) Staff and Planning Commission Training; h) Set Guidelines for Development Compatibility Standards. [Program] 4.94 Develop, maintain, and implement design standards to protect important viewsheds and ensure structural setbacks from major thoroughfares and highways. 4.95 Develop Scenic Corridor Management Plans. 4.96 Adopt administrative rules to implement Hawai'i County Code for Scenic Corridors. 4.97 Perform a feasibility study on developing a scenic route from Waipi'o Valley Lookout extending mauka to connect Mud Lane at the entrance of Waimea and a scenic park with a viewing area of Hi'ilawe Falls. 4.98 Coordinate with the State to upgrade the viewing site from the rim of Pololu Valley. AGENCY ACTION 4.99 Encourage the State to develop and maintain scenic lookouts along highways where appropriate to ensure ocean, mountain, pastoral, and waterfall views are preserved from development, and coordinate a regular roadway vegetation maintenance program. 4.100 Consider adding/improving viewing locations and interpretive signage near the scenic bridges for safe parking and views of the areas' waterfalls and coastline and along Saddle Road (Route 200) for views of the summit. APPENDIX B Relevant Objectives, Policies, and Actions from Draft General Plan 2045 Note:All Objectives, Policies, and Actions related to public access, trails, recreation, and scenic resources ore included in Appendix 8 in order for the Commissions to easily understand the contrasts between dGP2040 and dG2045. The Advisory Council determined that public access, trails, recreation, and scenic resources ore not presented in on organized manner and that dGP2045 is clearly insufficient os compared to dGP2040. dGP2040 is far more comprehensive and actionable. 2. Collaborative Biocultural Stewardship Goal, Objectives, Policies, and Actions Objective 2 Preserve and enhance the health and function of watersheds to promote water recharge, improve water quality, and reduce runoff. Policy 2.5 Watershed management planning should recognize the ecosystem service value of watersheds and open space to protect scenic vistas and aesthetic values; water recharge; carbon sequestration; oxygen production; habitat enhancement and preservation; fire suppression and fuel load management; soil conservation; preservation of cultural values; and the potential for additional public access and recreational opportunities. Objective 4 The historical integrity, character, scenic assets, and open spaces of our communities are protected, restored, and treated as unique assets with significant social and economic value and managed in perpetuity. Policy4.2 Increase public access opportunities to scenic places and vistas. Policy4.3 Public access to significant historic sites and objects should be acquired, where appropriate. 4. Land Use, 1.4 Urban Growth Areas Objective 13 Increase the use of Smart Growth principles to focus development within designated urban centers. Policy 13.6 The establishment of urban types of zoning may include additional acreages to account for acreages utilized for public benefits, such as historic sites, public access, parks, and open space. Policy 13.43 Coastal resort developments shall provide public access to and public parking for beach and shoreline areas. Policy 13.44 The development or designation of new resort areas should complement the character of the area; protect the environment and natural beauty; respect existing lifestyles, cultural practices, and cultural resources; and provide shoreline public access. 4.2.3 Active Living Corridors and Public Access Objective 17 Increase transportation connectivity. Policy 17.5 Ensure that existing active living corridors that are publicly owned or available by easement are properly identified and that their access elements are secured and documented. a) Primary examples include but are not limited to historic trails and roads, roads-in- limbo, 'paper roads', former sugar cane roads, train infrastructure remnants (Rails to Trails), and pedestrian and bicycling paths. b) "Acceptance" by the County of the responsibilities detailed in the grant of easements should require County Council action and a dedicated funding source. Policy 17.6 Provide public pedestrian access opportunities to scenic places and vistas. Policy 17.7 Establish public access to historic and modern active living corridors and facilities that provide an island-wide route and connect to major destinations. Action 17.a Develop and adopt a program to establish public access to historic and modern active living corridors and facilities that provide an island-wide route and connect to major destinations. 4. Public Facilities and Services;4.6 Recreation Objective 35 Park facilities are located within a 10-minute walk in urban areas and a 10-minute drive in rural communities. Policy 35.19 Prioritize park acquisition and improvements that involve under-represented open recreation and healthy living activities (outside the scope of organized sports), such as: a) Walking and biking trails Action 35.d Partner with government, private and nonprofit agencies, and other stakeholders to initiate joint agreements for funding, management, and maintenance for recreation, shared use spaces, hardened shelters, and public access priorities. Action 35.cc Expand active open recreational opportunities at the Pana'ewa Rainforest Zoo and Equestrian Center properties such as bike/walking trails, horse trails, dog- friendly trails, and other outdoor recreation that would complement the Pana'ewa complex. 5.0 Thriving, Diverse, and Regenerative Economy; , 4.1 Visitor Industry Goal, Objectives, Policies, and Actions Objective 48 Support the visitor industry investment in its connection with communities, the 'aina, and our historic and multicultural heritage. Policy48.6 Support the coordination, collaboration, and improvement of public access to natural and cultural resources with State agencies and landowners while balancing the need for protection of these areas. APPENDIX C Relevant Language Excerpts from current General Plan adopted in 2005, as amended Note: The elements,formatting, organization, and language in the current General Plan were completely replaced by dGP2040. dGP2045 has completely replaced the elements,formatting, organization and language ofboth. The Advisory Council determined that dGP2040 was inclusive of the current GP's Objective, Policies, and Action, while dGP2045 does not. We also noted that the county Charter lists standards"in the elements to be contained within any General Plan. However, both dGP2040 and dGP2045 do not contain the Standards in the current GP. The Advisory Council will defer to the Commissions to determine whether or not dGP45 should contain Standards. HISTORIC SITES 6. 3 POLICIES a) Agencies and organizations, either public or private, pursuing knowledge about historic sites should keep the public apprised of projects. b) Amend appropriate ordinances to incorporate the stewardship and protection of historic sites, buildings and objects. c) Require both public and private developers of land to provide historical and archaeological surveys and cultural assessments, where appropriate, prior to the clearing or development of land when there are indications that the land under consideration has historical significance. d) Public access to significant historic sites and objects shall be acquired,where appropriate. e) Embark on a program of restoring significant historic sites on County lands. Assure the protection and restoration of sites on other public lands through a joint effort with the State. f) Encourage the restoration of significant sites on private lands. g) Collect and distribute historic sites information of public interest and keep an inventory of sites. h) Aid in the development of a program of public education concerning historic sites. i) Signs explaining historic sites, buildings and objects shall be in keeping with the character of the area or the cultural aspects of the feature. j) Develop a continuing program to evaluate the significance of historic sites. k) Develop policies to protect Hawaiian rights as identified under judicial decisions. 1) Support the establishment of Hawaiian Heritage Corridors. m) All new historic sites placed on the State or Federal Register after the adoption of the general plan shall be included in the General Plan. n) Consider requiring Cultural Assessments for certain developments as part of the rezoning process. o) Recognize the importance of certain natural features in Hawaiian culture by incorporating the concept of"cultural landscapes" in land use planning. 6.4 STANDARDS a) The evaluation of the importance of specific historic sites is necessary for future action.The following standards establish a framework for evaluating sites. b) Importance in the life or activities of a major historic person. c) Associated with a major group or organization in the history of the island or community. d) Associated with a major historic event (cultural, economic, military, social, or political). e) Associated with a major recurring event in the history of the community (such as annual celebrations). f) Associated with a past or continuing institution that has contributed substantially to the life of the community. g) Unique example of a particular style or period. h) One of the few of its age remaining. i) Original materials and/or workmanship that can be valued in themselves. j) Sites with a preponderance of original materials in context and complexes rather than single isolated sites unless they are of great significance. k) Sites of traditional and cultural significance. 6. 5 DISTRICTS Note: All Courses for Action in all nine districts include: Support the establishment of Hawaiian Heritage Corridors." Tables 6-1 through 6-8 list "Historic Sites"for each district. NATURAL BEAUTY 7.3 POLICIES a) Increase public pedestrian access opportunities to scenic places and vistas. b) Develop and establish view plane regulations to preserve and enhance views of scenic or prominent landscapes from specific locations, and coastal aesthetic values. c) Maintain a continuing program to identify, acquire and develop viewing sites on the island. d) Access easement to public or private lands that have natural or scenic value shall be provided or acquired for the public. e) Develop standard criteria for natural and scenic beauty as part of design plans. f) Consider structural setback from major thoroughfares and highways and establish development and design guidelines to protect important viewplanes. g) Maintain a continuing program to identify exceptional trees or tree masses. h) Protect the views of areas endowed with natural beauty by carefully considering the effects of proposed construction during all land use reviews. i) Do not allow incompatible construction in areas of natural beauty. 7.4 STANDARDS The following standards provide guidelines for designating sites and vistas of extraordinary natural beauty that shall be protected. a) Distinctive and identifiable landforms distinguished as landmarks, e. g. Mauna Kea, Waipio Valley. b) Coastline areas of striking contrast, e.g. Laupahoehoe Point. c) Vistas of distinctive features. d) Natural or native vegetation attractive to a particular area. e) Areas that are harmoniously developed and enhanced by man to appear natural. Note:Tables 7-1 through 7-16 list"Natural Beauty Sites" and "Exceptional Trees" for each district. NATURAL RESOURCES AND SHORELINE 8. 3 POLICIES e) Coordinate programs to protect natural resources with other government agencies. q) Develop policies by which native Hawaiian gathering rights will be protected as identified under judicial decisions. r) Ensure public access is provided to the shoreline, public trails and hunting areas, including free public parking where appropriate. s) Establish a system of pedestrian access trails to places of scenic, historic, cultural, natural, or recreational values. RECREATION 12.3 POLICIES 1) Public access to the shoreline shall be provided in accordance with an adopted program of the County of Hawaii. m) Develop a network of pedestrian access trails to places of scenic, historic, natural or recreational values.This system of trails shall provide, at a minimum, an islandwide route connecting major parks and destinations. n) Establish a program to inventory ancient trails, cart roads and old government roads on the island in coordination with appropriate State agencies. o) Develop facilities and safe pathway systems for walking,jogging, and biking activities. APPENDIX D Excerpted Language from the Ala Kahakai National Historic Trail Memorandum of Understanding Note: It is critical that dGP2045 contain specific reference and compliance requirement within the Alo Kohokoi National Historic Troil Memorandum of Understanding. The MOU requires the parties to the MOU to meet in September 2025 to discuss whether or not any terms of the MOU should be updated or amended MEMORANDUM OF UNDERSTANDING BETWEEN THE NATIONAL PARK SERVICE, UNITED STATES DEPARTMENT OF THE INTERIOR, STATE OF HAWAII,AND THE COUNTY OF HAWAII FOR THE IMPLEMENTATION, MANAGEMENT, PROTECTION AND PUBLIC USE OF ALA KAHAKAI NATIONAL HISTORIC TRAIL This Memorandum of Understanding ("MOU") is entered into, by and between the United States Department ofthe Interior National Park Service, ("NPS") the State of Hawaii,by Its Department of Land and Natural Resources, ("DLNR") and the County of Hawaii ("County")for the purpose of managing the Ala Kahakai Natk:>nal Historic Trail(Trail). ARTICLE II:AUTHORITY A. National Trails System Act of 1968, as amended ("the Act")(16 USC 1241-1252), B. Hawaii Constitution Art. IX, section 8,Art. XI, sections 1, 2 and 9,Art. XII, section 7; Hawaii Revised Statutes (HRS)Chapters 6E, 115, 171,183C, 184, 198D, 205A, sections 1- 1, 7-1, 46-6.5, 46-12, 226- 11, 264-1; Hawaii Administrative Rules (HAR) Chapters 13-130, 13-146, 13-221, 13-275 to 13-284, and 13-360; as may be applicable C. Hawaii County Code, Chapters 25 and 34 ARTICLE III:STATEMENT OF WORK D. The appropriate County Departments agree to: 1. Through the County Planning Department: a. Continue to enforce county and state laws requiring public access to and along the shoreline as a condition of land use approvals and coastal zone management issues. These trails may become official components of the Trail. b. Require that permit applbants identify any historic trails and routes that will be required to be preserved as part of the land use permitting process and that may become part of the Trail. Such geospatial information and supplemental documentation shall be in formats utilizing current industry standards for collection, compilation, processing, analysis and archiving including Federal Geographic Data Committee [FGDC]compliant metadata). This data and information may be made available by the County for incorporation into official Trail records and documentation. c. Encourage private landowners who have publb access requirements as conditions of a land use approval to execute an agreement with the NPS to include these areas in the Trai, where appropriate. d. Work with the NPS to identify public access easements with potential incorporation inthe Trail. e. Work with the NPS to develop a system whereby project applications determined to have potential impacts on historic trails within the Ala Kahakai corridor are sent to the Ala Kahakai NHT administration for review and comment. The notification system will provide approving agencies and applicants clear guidelines on when the Ala Kahakai NHT should be included in the review process. Such applbations include Subdivisions, Special Management Area Assessments and Use Permits, Special Permits, Grading, Project Districts, Rezoning, State Land Use District Boundary Amendments, Leases of State-owned lands, Environmental Assessments, and Environmental Impact Statements. The County agrees to contact the NPS regarding thes reviews i1 a timely manner. 2. Through the County Parks and Recreation Department Upon notification by NPS, allow NPS access to County Beach Parks for the purpose of identifying and documenting existing ancient, historic and contemporary trail routes to be included in Trail design and interpretation; Research, survey, document and assess other cultural and natural resources for preservation, planning, interpretation, and the determination of future potential impacts. a. Work with the NPS to identify traisegments through county parks for incorporation into the Trail. b. Consider feasibility of permitting NPS led community based management of sections of the Trail within County Beach Parks. c. Provide management of the Trail consistent with the NPS Comprehensive Management Planwhere ittraverses County Beach Parks. e. Collaborate onthe design of specific signage that identifies the route ofthe Trail, particularly where ittraverses County Beach Parks. 3. Through the County Department of Finance - Property Management Division a. Upon notification by NPS, allow NPS access to County lands purchased through Public Access, Open Space and Natural Resources Preservation Commission {PONC)for the purpose of identifying and documenting existing ancient, historic and contemporary trail routes to be included in Trail design and interpretation; Research, survey, document and assess other cultural and natural resources for preservation, planning, interpretation, and the determination of future potential impacts. b. Work with the NPS to identify traH segments through County PONC Lands for incorporation into the Trail. c. Consider feasibility of permitting NPS led community based management of sections of the Trail within County PONC Lands. d. Collaborate on the design of specific signage that identifies the route of the Trail, particularly where it traverses County PONC Lands. e. Provide management of the Trail consistent with the NPS Comprehensive Management Plan where it traverses County PONC Lands. ARTICLE IV: TERM OF MOU This MOU will remain in effect for ten years, beginning on the date of the last signature below. A meeting at five years from the date of the last signature will be conducted to consider whether any of the terms of this agreement need to be updated or amended. This MOU may be renewed upon mutual agreement between the Parties. ARTICLE V: KEY OFFICIALS A . Key officials are essential to ensure maximum coordination and communication between the parties and the work being performed. They are: For the NPS AricArakaki, Superintendent Ala Kahakai National Historic Trail 73-4786 Kanalani Street, 14. Kailua-Kona, HI96740 Telephone: {808)326-6012 e-mail: aric_arakaki@nps.gov For DLNR Moana Rowland Acting Statewide NaAlaHele Program Manager Department of Land and Natural Resources 1151 Punchbowl Street, Kalanimoku Building Honolulu, HI 96813 Telephone: (808) 587-4175 e-mail: Moana.Rowland@hawaii.gov For the County Michael Yee, Planning Director Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 Telephone: (808) 961-8288 e-mail: planning@hawaiicounty.gov Roxcie Waltjen Director of Parks and Recreation Aupuni Center, 101 Pauahi Street, Suite 6 Hilo, HI 96720 Telephone: (808) 961-8311 e-mail: parks recreation@hawaiicounty.gov Deanna Sako Director of Department Of Finance 25 Aupuni Street, Suite 2103 Hilo, HI96720 Telephone: (808) 961-8234 e-mail: Deanna.Sako@hawaiicounty.gov