HomeMy WebLinkAboutPD Background Report Church & Totah (PL-SMA-2025-080)B_ChruchTotah_SMA_2025
COUNTY OF HAWAI‘I PLANNING DEPARTMENT
BACKGROUND REPORT
SCOTT F. CHURCH & JOHN TOTAH
SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION
(PL-SMA-2025-000080)_________________________________________________________
HALE PACIFICA, LLC has submitted the following application for a Special
Management Area Use Permit No. PL-SMA-2025-000080 to construct a two (2) story, five (5)
bedroom, five (5) bathroom single-family residence with a three (3) car garage, swimming pool
and related improvements on a 15,203 square foot (sf) shoreline parcel within the Special
Management Area. The subject property is located on the makai side of Ali’i Drive, approximately
0.25 miles south of Lunapule Road, Kahului 1st & 2nd, North Kona, Hawaiʻi Island, TMK: (3) 7-
5-019:030.
APPLICANTS’ REQUEST
1.Proposed Use: The proposed use entails the construction of a single-family residential
development on a 15,203-sf parcel located at 75-5994 Ali‘i Drive in North Kona, Hawai‘i.
Specifically, the applicant proposes the development of a two-story, 3,870-sf single-family
residence consisting of five (5) bedrooms, five (5) five bathrooms, a 936-sf three (3) car
garage, a pool situated on the makai side of the structure and related improvements. The
residential structure will be approximately 28 1/2 feet tall. The subject property is accessed
via access easements on TMK (3) 7-5-019:012, which is owned by the applicants and TMK
(3)7-5-021:037 which is a privately owned parcel consisting entirely of an access easement
located directly off Ali’i Drive. Utilities including water, sewer, electricity, and
telecommunications will be connected through existing County and public systems.
Overall, the proposed project reflects a reduction in the intensity of use from previously
approved but unexecuted plans to construct a 4-unit multi-family structure (from SMA Use
Permit No. 03-000007 as amended) to a single-family residence.
2.Reason for the Request: This project represents an opportunity to renew stewardship of
an unused property.
3.Supportive Information: The applicant has submitted the attached in support of the
request: (Planning Department Exhibit 1 – SMA Use Permit Application dated
May 20, 2025).
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4. Landowner: HALE PACIFICA, LLC
STATE AND COUNTY PLANS
5. State Land Use District: Urban.
6. County Zoning: Resort-Hotel 1,250 square feet (V-1.25).
7. General Plan Land Use Pattern Allocation Guide (LUPAG) Map Designation:
Medium Density Urban (mdu) and Open (ope).
8. Kona Community Development Plan (KCDP): The KCDP was adopted by Ordinance
No. 08-131, which became effective on September 25, 2008, as amended by Ordinance 19
091, effective September 18, 2019. The property is within the boundary of the Kona Urban
Area.
9. Special Management Area (SMA): The subject property is within the Special
Management Area and is considered a “shoreline” property. A new shoreline survey was
certified by the Department of Land and Natural Resources (DLNR) on January 29, 2025,
and was included with the application.
10. Background Information:
June 17, 2005 - SMA Use Permit No. 03-000007 was approved for the
development of a 12-unit condominium and related movements within a three and
a half (3 ½) -story structure.
January 18, 2018 – SMA Use Permit No. 03-000007 was amended to change
Condition No. 3 which required a 20-foot-wide access easement for a 12-unit
condominium to a 16-foot-wide access easement by reducing the number of units
to 4. A request to revoke SMA No. 03-000007, as amended, was submitted with
this current application in order to pursue the new SMA Use Permit for a single-
family structure.
DESCRIPTION OF PROPERTY AND SURROUNDING AREAS
11. Description of Property: The subject property is located on the makai side of Ali‘i Drive
in North Kona, Hawai‘i, between a private, single-family residence to the north and the
Sea Village Condominium complex to the south, approximately 0.25 miles south of
Lunapule Road. Covering 15,203-sf, the parcel is primarily rectangular in shape and is
relatively level on the eastern side due to previous grading and decreases approximately
eight (8) to ten (10) feet in elevation toward the makai side. The subject property contains
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some overgrown vegetation but is predominantly clear. The shoreline area is comprised
primarily of large rocks and does not contain any sandy areas.
12. Land Area: As shown in the Certified Shoreline Map, the subject parcel contains 15,203
square feet (sf) of land. However, approximately 965 sf, or 6.3% of the subject parcel has
been lost to shoreline erosion. The new calculated land area of the parcel is 14,238 sf.
13. Surrounding Zoning/Land Uses: The area surrounding the subject property is
characterized primarily by residential and resort uses. Immediately adjacent to the north is
a single-family home. To the south, the 131-unit Sea Village Condominium complex is on
a 4.5-acre parcel abutting the subject parcel. On the mauka side of Ali‘i Drive are two,
approximately 12-acre parcels, one of which is vacant and the other containing the Kona
Sea Ridge Condominium Complex consisting of approximately 137-units. In terms of
zoning, areas to the north and south along the makai side of Ali‘i Drive are zoned v-1.25
(Resort Hotel District). The mauka side of Ali‘i is zoned RM-4 (Multiple-Family
Residential).
14. Flood Zone: According to the application, the Federal Emergency Management Agency
(FEMA) Flood Insurance Rate Map (FIRM) identifies a portion of the parcel is within
Flood Zone VE (areas subject to a 1% annual chance of inundation by a 100-year flood
event with additional hazards of storm induced wave action) and in Flood Zone X, which
is outside the 500-year floodplain.
15. Flora/Faunal Resources: The subject property is located in a highly urbanized and
previously disturbed area and does not contain any unique ecological systems or habitats
for endangered plant or animal species. The vegetation on the parcel is mostly nominal
with a portion of the property containing overgrown coastal vegetation. As for faunal
resources, it is noted that although the property itself does not serve as critical habitat, some
native Hawaiian species may pass through or utilize nearby areas. Notably, the Hawaiian
Hawk (I‘o) (Buteo solitarius) and the Hawaiian Owl (Pueo) (Asio flammeus
sandwichensis) may occur in the vicinity. The endangered Hawaiian petrel (Pterodroma
sandwichensis) and the threatened Newell’s Shearwater (Puffinus auricularis newelli) have
been recorded flying over the area. Additionally, the shoreline allows for the possibility of
finding Hawksbill (Eretmochelys imbricata) and Hawaiian Green sea turtle (Chelonia
mydas) and the Hawaiian Monk Seal (Monachus schauinslandi) within the area. There are
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no known seabird nesting sites on the property.
16. Archaeological/Cultural/Historical Resources: An Archaeological Inventory Survey
(AIS) was conducted for the project site by Dr. Robert Reichman. (Reichman Consulting,
LLC) on March 4, 2003. The survey, which involved fieldwork, aimed to identify
archaeological resources within the approximately 15,000-sf Kahului 2nd Development
Parcel in North Kona. During the survey, no archaeological features were discovered on
the site, therefore it is anticipated that no historic properties would be affected by this
proposed project.
17. Public Access: Public shoreline access can be found at Kona Makai Condominiums,
approximately 800-feet south of the subject parcel. Lateral access will not be impacted by
the proposed development and the project proposes no changes to the existing shoreline
access routes.
18. Coastal Resources: Fishing and gathering rights along the shoreline is a traditional right.
However, there is no evidence of any traditional or customary Native Hawaiian rights being
exercised within the subject area and there is no evidence of the property being used for
coastal access or customary rights.
19. Recreational Resources: The lateral public shoreline access provides recreational access
which will remain in its current state throughout construction and use of the parcel. No
other changes to the site are proposed.
20. Scenic and Open Space Resources: The proposed project is situated within the Kona
Urban Area along Ali‘i Drive and is surrounded by existing condominium and single-
family residential developments. As such, the project area does not contain any unique or
designated valued scenic resources identified in the County General Plan. The proposed
development will conform to the existing visual character of the surrounding area and
maintain compatibility with the current urbanized coastal environment. Public views to and
along the shoreline will not be significantly altered by the project. In terms of open space,
the project will preserve shoreline open space resources by adhering to the required 40-
foot shoreline setback. This ensures a buffer area along the coast that remains free from
structures and maintains a natural, undeveloped coastal corridor. Mitigating measures will
be implemented to minimize visual impacts, including controls on artificial lighting to
protect night sky visibility and avoid negative effects on the shoreline environment.
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Furthermore, the project is expected to have negligible visual impacts when viewed from
Kuakini Highway, the nearest state highway to the project site.
PUBLIC SERVICES AND FACILITIES
21. Roadway Access: The project parcel will be accessed via two easements on TMK (3) 7-5-
021:037 and TMK (3) 7-5-019:030 directly from Ali‘i Drive, a County-owned and
maintained two-lane collector roadway with a 50-foot right-of-way and an average
pavement width of 40 to 50 feet.
22. Water: One unit of County water is available for a single-family residence on the site from
the Department of Water Supply (DWS).
23. Wastewater: The proposed project will dispose of wastewater by connecting to the
existing County of Hawai‘i wastewater system that runs along Ali‘i Drive. The County
system has sufficient capacity to accommodate the project's needs. The applicant will
ensure compliance with Department of Environmental Management standards, including
obtaining all necessary approvals prior to the issuance of a Certificate of Occupancy.
24. Other Essential Utilities and Services: Telephone and electrical power service is
currently available along the Alii Drive frontage on the property. Police, fire and medical
services are available in Kailua-Kona.
AGENCIES’ COMMENTS
25. State Department of Health: (Planning Department Exhibit 2 – June 10, 2025, Memo)
26. State Office of Planning & Sustainable Development (Planning Department Exhibit
3 – June 26, 2025, Letter)
27. Police Department: (Planning Department Exhibit 4 – June 23, 2025, Letter)
28. Department of Planning Long Range Division: (Exhibit 5-June 26, 2025, Letter)
29. Department of Land and Natural Resources State Historic Preservation Division
(SHPD): (Planning Department Exhibit 6-June 30, 1015, Letter)
30. Department of Finance, Real Property Tax (Planning Department Exhibit 7-June 23,
2025, Memo)
31. Department of Land and Natural Resources – Engineering Division: (Planning
Department Exhibit 8 – June 9, 2025, Memo)
32. Department of Land and Natural Resources – Land Division – Hawaii District:
(Planning Department Exhibit 9 – June 9, 2025, Memo)
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33. Department of Water Supply (Planning Department Exhibit 10 – July 8, 2025, Letter)
AGENCIES – NO RESPONSE
34. OCCL, Fire, Dept. of Environmental Management (DEM); Dept. of Public Works –
Engineering and Building Divisions, Dept, of Land and Natural Resources Office of
Conservation and Coastal Lands.
PUBLIC COMMENTS
No public comments were received by the Planning Department.
C.Kimo Alameda, Ph.D.Mayor
William V. Brilhante Jr. Managing Director
County of Hawai' i
POLICE DEPARTMENT
Benjamin T. Moszkowicz Police Chief
Reed K. Mahuna Deputy Police Chief
JUNE 23, 2025 349 Kapi'olani Street • Hilo, Hawai'i 96720-3998 (808) 935-3311 • Fax (808) 961-2389 COH PLANNING DEPT JUN 26 2025 AMll:22
TO
FROM
REC'D HAND DELIVERED
N�'f DIRECTOR
CHAD u,.,._���':;c::::.-1';._ HIEF, AREA II OPERATIONS
SUBJECT : SPECIAL MA"���� A USE PERMIT APPLICATION
(PL-SPP-2025-000080) REVOCATION OF SPECIAL MANAGEMENT AREA
USE PERMIT SMA 03-000007APPLICANTS: SCOTT F. CHURCH AND JOHN TOTAH
REQUEST: REVOCATION OF SPECIAL MANAGEMENT AREA USE PERMITSMA 03-000007 AND TO CONSTRUCT A NEW SINGLE-FAMILY
DWELLING AND ASSOCIATED IMPROVEMENTS
TAX MAP KEY: (3) 7-5-019:030, KAILUA-KONA, NORTH KONA, HAWAI'I
This is in response to your memorandum dated June 5, 2025 regarding Special
Management Area Use Permit Application PL-SPP-2025-000080 for Revocation of SpecialManagement Area Use Permit SMA 03-000007, and to construct a new single-family
dwelling and associated improvements.
Our staff has reviewed the application and has no comments or objections to offer at this
time.
Should you have any questions or concerns, please contact Captain Calvin Delaries, Jr.,
Commander of the Kona District, at (808) 326-4646, ext. 299, or via email atcalvin.delaries@hawaiicounty.gov.
CB/cd2SHQ0S27 "Hawai'i County is an Equal Opportunity Provider and Employer"
JOSH GREEN, M.D. GOVERNOR I l<E KIA'AINA
SYLVIA LUKE LIEUTENANT GOVERNOR I l<A HOPE KJA'AINA
TO:
FROM: SUBJECT:
LOCATION: APPLICANT:
DAWN N. S. CHANG CHAIRP£RSON 80AAO OF LANO ANO NATURAL RESOURCES COMMISSION ON WATER �.ESOURCE MANAGEMENT
STATE OF HAWAl'I I KA MOKU'AINA '0 HAWAl'I
DEPARTMENT OF LAND AND NATURAL RESOURCES
KA 'OIHANA KUMUWAIWAI 'A.INA
DLNR Agencies:
LAND Dl\'ISIOi\'
P.O. BOX 621
HONOLULU, HAWAII 96809
June 9, 2025
MEMORANDUM
_Div. of Aquatic Resources (kendall.l.tucker@hawaii.gov) _Div. of Boating & Ocean Recreation richard.t.howard@hawaii.gov) XEngineering Division (DLNR.ENGR@hawaii.gov) XDiv. of Forestry & Wildlife (rubyrosa.t.terraqo@hawaii.gov) _Div. of State Parks (curt.a.cottrell@hawaii.gov) XCommission on Water Resource Management (DLNR.CWRM@hawaii.gov) XOffice of Conservation & Coastal Lands (sharleen.k.kuba@hawaii.gov) XLand Division -Hawaii District (candace.m.martin@hawaii.gov) XAha Moku Advisory Committee (leimana.k.damate@hawaii.gov)
Ian C. Hirokawa, Acting Land Administrator -..SJ_')..{,l_ Special Management Area (SMA) Use Permit (PL-SMA-2025-000080) request for new Single Family Dwelling in Kailua-Kona, Island of Hawaii Kaloko Mauka Kana, Hawaii; TMK: (3) 7-5-019:030 (por.) John Pipan of Land Planning Hawaii LLC, Consultant on Behalf of Scott F. Church and John Totah, applicant and landowner
Transmitted for your review and comment is information on the above-referenced subject matter. Please submit comments by July 7, 2025. If no response is received by the above date, we will assume your agency has no comments. Should you have any questions about this request, please contact Raymond Severn at raymond.severn@hawaii.gov. Thank you.
BRIEF COMMENTS:
Attachments cc: Central Files
( ) We have no objections.
(¼ We have no comments. r ) We have no additio I comments. ( ) Comment • lar.:!Qel'JJattached. <Signed:
Print Name: Candace Martin
Division: L_a_n_d_-_H_D_L_O _________ _
Date: July 7, 2025