HomeMy WebLinkAboutCommunication No. 2024-19 Final Memo To Jeff Darrow 12.12.24Memo To Jeff Darrow, Hawaii County Acting Planning Director
From Ka’ū CDP Action Committee
Re: Na’alehu Hills Subdivision
December 22, 2024
On December 11, 2024, the Ka’ū Action Committee met to discuss the subject application
and to take testimony from the community. We understand our role is to be advisory to the
Planning Department as stewards of the implementation of the Ka’ū CDP. In that role, we
are forwarding our requests to you following our analysis of the application for compliance
with the CDP policies and objectives. We realize that the County Code only requires the
Planning Director to get input from the Department of Water Supply (DWS) and the
Department of Public Works (DPW), but the code does state that the Planning Director may
require necessary improvements to further the public welfare and safety. Based on our
analysis of the CDP and the testimony from the community, we are asking that the Planning
Director take other factors into consideration before making a final decision.
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 patterns, 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.
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.
Communication No. 2024-19
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.
Requests from The Action Committee
1. 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. As you explained in your memo of December 11, 2024, you
will be adding a condition within the Tentative Approval requiring that all lots be at least one
acre in size with the statement meeting the CDP policy.
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 applicant is proposing 39
lots, seventeen of which will be smaller than five acres. The Action Committee requests
that the Planning Director add a condition within the Tentative Approval that parcels can be
no smaller than five acres, unless the applicant can prove that smaller parcels can be
economically viable farming units.
Note Section 23-114 of the Hawaii County Code that supports our request: “Restrictions,
requirements, and standards for farm subdivision: The planning director may approve farm
subdivisions under the following conditions: (a) The minimum leasable area within a farm
subdivision shall be five (5) acres, irrespective of the minimum lot size of the applicable
zoning ordinance.”
3. Applicant should identify any archeological and historic sites and historic buildings that
are to be preserved. We see that you have included this recommendation in your memo of
December 11, 2024.
4. Based on testimony from the community, we advocate that this application be sent to
the Hawaii State Historic Division and the Hawaii County Cultural Resources Commission.
In addition to possible existing cultural assets, many community members expressed
concern about historic ownership of the land and the concern over clouded titles.
5. At the Action Committee meeting on December 11, the Chair of the Ka’ū Soil and Water
Conservation District (SWCD) expressed concerns about how this development will impact
existing water flow patterns and conservation ditches. The Action Committee is requesting
that the Planning Director add a condition to the Tentative Approval that the water flows be
managed appropriately. The applicant should be required to work with Natural Resources
Conservation Service and Ka’ū SWCD to preserve existing water flow patterns, ditches,
streams, gulches, and other drainage patterns, and during construction they should be
required to follow Best Management Practices to mitigate erosion. This is consistent with
the strategies found in CDP Appendix 8A, Section 4.4; specifically, Community Action 5:
“Develop and implement site-specific management plans for high-priority areas and
resources.”
6. We are also requesting that the existing extreme deterioration of Ka’alaiki Road be
addressed. This is the only road connecting the subject site with the highway, and a 30’
section is missing after being washed out in recent major rainfalls. The Action Committee
is requesting that the Planning Director require the appropriate agency or department to
analyze Ka’alaiki Road prior to approval of the subdivision and any development to address
public safety concerns regarding traffic circulation.
7. The Action Committee suggests that the Planning Director review the input from the
community on December 11, 2024. Attached are the minutes from that meeting and a link
to the YouTube recording.
Thank you for consideration of our concerns and the concerns of the Ka’ū community.
cc:
Mayor Kimo Alameda
Councilperson Michelle Galimba