HomeMy WebLinkAboutPD Background Report - Ernest and Elizabeth Young (PL-REZ-2025-000087)-1-
BYoungREZAmend.9.9.2025
COUNTY OF HAWAI‘I PLANNING DEPARTMENT
BACKGROUND REPORT
ERNEST AND ELIZABETH YOUNG
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 21-40
(PL-REZ-2025-000087/ AMEND REZ 1059)
ERNEST AND ELIZABETH YOUNG have submitted an application for a 5-year time
extension to Condition C (Time to Secure Final Subdivision Approval) and to delete Condition H
(Prohibition of Second Dwelling) of Change of Zone Ordinance No. 21-40, which amended
Change of Zone Ordinance No. 04-149, which rezoned 1.8629 acres of land from Agricultural-5
acres (A-5a) to Single Family Residential-20,000 square feet (RS-20). The subject property is
located at the southwest corner of the intersection of Mahilani Drive and Māmalahoa Highway,
Kalaoa 1st & 2nd, North Kona, Hawaiʽi, TMK: (3) 7-3-011:068.
Applicants’ Request
1. Applicants’ Request: The applicants are requesting the following amendments to
Change of Zone Ordinance No. 21-40:
▪ A 5-year time extension to Condition C (Time to Secure Final Subdivision
Approval) from the effective date of the requested amendment.
▪ The deletion of Condition H (Prohibition of Second Dwelling).
Following is the existing condition language:
Condition C:
Final subdivision approval shall be secured within five (5) years from the
effective date of this amended ordinance.
Condition H:
Restrictive covenants in the deeds of all proposed residential lots shall prohibit
the construction of a second dwelling unit and condominium property regimes
and any further subdivision of each lot. This restriction may be removed by
amendment of this ordinance by the County Council. The owners of the property
may also impose private covenants restricting the number of dwellings. A copy of
the proposed covenant(s)to be recorded with the Bureau of Conveyances shall be
submitted to the Planning Director for review and approval prior to the issuance
of Final Subdivision Approval. A copy of the approved covenant(s) shall be
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recited in an instrument executed by the applicant and the County and recorded
with the Bureau of Conveyances for any portion of the subject property. A copy of
the recorded document shall be filed with the Planning Department upon its
receipt from the Bureau of Conveyances.
2. Applicants’ Reasons for the Request: The applicants purchased the property in 2016
and have been working toward complying with conditions of the change of zone
ordinance and tentative approval for a 3-lot subdivision. However, as the applicants will
need more time to complete the remaining conditions, they are requesting a 5-year time
extension to Condition C. Regarding the request to delete Condition H, following the
passage of County Council Bill 123, which allows the development of up to 3 accessory
dwelling units (ADUs) per lot in the RS zoned district, the applicants would like to
remove the prohibition of the construction of a second dwelling in order to build ADUs
on the proposed lots and offer them for rent.
3. Landowner: Ernest and Elizabeth Young.
4. Supportive Information: The applicants have submitted the attached in support of the
request. (Planning Department Exhibit 1 – Change of Zone Amendment Request
dated July 23, 2025).
LAND USE PERMITTING CHRONOLOGY
5. December 8, 2004: Effective date of Change of Zone Ordinance No. 04-149, approved
by the County Council, which reclassified 1.8628 acres of land from an Agricultural 5-
acre (A-5a) to Single Family Residential 20,000 square feet (RS-20) zoning district.
6. April 1, 2005: The previous landowner submitted a subdivision application to comply
with Condition C (see Figure 4 of the Application).
7. September 19, 2005: The Planning Department issued tentative approval for a 3-lot
subdivision of the subject property (SUB-05-000056).
8. June 18, 2007 through December 3, 2021: The Planning Department issued time
extensions ten times for completion of the tentative subdivision approval.
STATE AND COUNTY PLANS
9. State Land Use Designation: Urban
10. County Zoning: Single Family Residential-20,000 square feet (RS-20)
11. General Plan LUPAG Map: Low Density Urban (ldu)
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12. Kona Community Development Plan (CDP): The Kona CDP, adopted by the Hawaiʻi
County Council by Ordinance No. 08-131 on September 25, 2008, identifies the area as
situated within the "Kona Urban Area."
13. Special Management Area (SMA): The Special Management Area is a part of the
Coastal Zone Management Program and regulated by the County. The subject property is
located approximately 5.3 miles from the nearest shoreline and is not situated within the
SMA.
DESCRIPTION OF SUBJECT PROPERTIES AND SURROUNDING AREA
14. Subject Property: The subject, rectangular shaped property is improved with a 1,712-
square foot single-family dwelling, a storage building and two small sheds.
15. Surrounding Zoning/Land Uses: Lands to the south, west and east are zoned
agricultural (A-1a, A-5a, A-20a), with properties to the north zoned residential (RS-10).
Surrounding land uses are predominantly residential and include the residential
subdivisions Kona Highlands, Kona Coastview, Kona Wonderview, Kalaoa View and
Keahole View.
16. FEMA FIRM MAP: The subject property is in an area designated as Zone “X” on the
Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency, an
area determined to be outside the 500-year flood plain.
17. Floral/Faunal Resources: A botanical study was conducted by Ron Terry, Ph.
D. and Layne Yoshida, B.A. of Geometrician Associates, LLC in March 2004. The report
concluded that, “no rare, threatened or endangered species as listed by the U.S. Fish and
Wildlife Service were observed on or near the property, as the property was already
graded and developed for residential use.”
18. Archaeological/Historic/Cultural Resources: No professional archaeological and
cultural study was conducted as the subject property has been cleared and impacted by
residential development. By letter dated February 9, 2021, the Department of Land and
Natural Resources – State Historic Preservation Division (SHPD) indicated no objection
to the proposed time extension, citing the extensive grading and existing residential
development of the parcel.
19. Public Access: There is no record of a designated public access to the shoreline or
mountain areas that traverses the subject property.
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PUBLIC UTILITIES AND SERVICES
20. Access/Traffic: The subject parcel currently has two driveway accesses, one from
Mahilani Drive, a County-owned and maintained street with 25-foot wide pavement, and
a second from Māmalahoa Highway, a State-owned and maintained highway. Condition
D of Ordinance 21-40 requires that access to proposed lots be taken from Mahilani Drive,
meeting with the requirements of the Department of Public Works. Pursuant to State
Department of Transportation (DOT) requirements, the applicants shall remove the
existing driveway onto Māmalahoa Highway, prior to issuance of Final Subdivision
Approval. Additionally, per condition E of Ordinance 21-40, the applicants are required
to delineate a 10-foot-wide planting screen easement along all lots fronting Māmalahoa
Highway.
21. Water: According to the Department of Water Supply (DWS), the applicants have
secured 3 units of water and maintained water commitment payments and an existing 12-
inch waterline fronts the subject property within Māmalahoa Highway. DWS has no
objection to the applicants’ amendment request, subject to the understanding that the total
allocation of water for the subject property is limited to 3 units of water. If any additional
dwellings are built as accessory dwelling units (ADUs), DWS cannot support additional
water units. In response to DWS comments, the applicants note that they understand and
accept such limitations, and that water catchment systems will be utilized to provide
water for any ADUs.
22. Wastewater: The Department of Environmental Management notes that as the proposed
subdivision is approximately 4 miles from the nearest county sewer line, the applicants
shall comply with Department of Health (DOH) requirements. According to the
applicants, wastewater will be disposed of via individual wastewater treatment systems
approved by DOH.
23. Essential Utilities and Services: All essential utilities and services are available to the
project site. The area is served by police and fire stations in Kailua-Kona, approximately
8 miles from the subject property, while emergency medical services are available at the
Kona Hospital in Kealakekua.
AGENCIES’ AND ORGANIZATIONS’ COMMENTS
24. State Department of Health (Planning Department Exhibit 2 – August 21, 2025
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Memo)
25. State Department of Transportation (Planning Department Exhibit 3 – September
12, 2025 Letter)
26. Department of Water Supply (Planning Department Exhibit 4 – August 4, 2025
Letter and September 11, 2025 Letter)
27. Department of Environmental Management - Wastewater Division (Planning
Department Exhibit 5 – September 2, 2025 Memo)
AGENCIES - NO COMMENTS OR OBJECTIONS
28. Department of Environmental Management – Solid Waste Division.
AGENCIES - NO RESPONSES
29. Department of Public Works – Engineering Division; Fire Department.
PUBLIC COMMENTS
30. No public comments have been received as of the date of the writing of this report.
JOSH GREEN, M.D. KENNETH S. FINK, M.D, MGA, MPH GOVERNOR OF HAWAII DIRECTOR OF HEALTH KE KIA’AINA O KA MOKU’AINA O HAWAI’I KA LUNA HO’OKELE
STATE OF HAWAII DEPARTMENT OF HEALTH
P.O. BOX 916 HILO, HAWAII 96721-0916
MEMORANDUM
DATE: August 21, 2025
TO: Mr. Jeffrey W. Darrow Planning Director, County of Hawaii
FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Change of Zone Amendment Application (PL-REZ-2025-000087) Applicant: Ernest and Elizabeth Young
Request: Amendment to Delete Condition H (Prohibition of Second Dwelling) and Provide a Time Extension to Condition C (Secure Final Subdivision Approval) Tax Map Key: (3) 7-3-011:068; Kalaoa 1st and 2nd, North Kona, Hawaiʻi
In most cases, the District Health Office will no longer provide individual comments to agencies or project owners to expedite the land use review and process.
Agencies, project owners, and their agents should apply Department of Health “Standard
Comments” regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: https://health.hawaii.gov/epo/landuse/. Contact information for each Branch/Office is available on that website.
Note: Agencies and project owners are responsible for adhering to all applicable standard comments and obtaining proper and necessary permits before the commencement of any work.
General summary comments have been included for your convenience. However, these comments are not all-inclusive and do not substitute for review of and compliance with all
applicable standard comments for the various DOH individual programs.
Clean Air Branch
1. All project activities shall comply with the Hawaii Administrative Rules (HAR),
Jeffrey W. Darrow August 21, 2025
Page 2 of 4
Chapters 11-59 and 11-60.1.
2. Control of Fugitive Dust: You must reasonably control the generation of all
airborne, visible fugitive dust and comply with the fugitive dust provisions of
HAR §11-60.1-33. Note that activities that occur near existing residences,
businesses, public areas, and major thoroughfares exacerbate potential dust
concerns. It is recommended that a dust control management plan be developed
which identifies and mitigates all activities that may generate airborne and visible
fugitive dust and that buffer zones be established wherever possible.
3. Standard comments for the Clean Air Branch
are at: https://health.hawaii.gov/epo/landuse/
Clean Water Branch
1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55.
1. The following Clean Water Branch website contains
information for agencies and/or project owners who are
seeking comments regarding environmental compliance for
their projects with HAR, Chapters 11-53, 11-54, and 11-55:
https://health.hawaii.gov/cwb/clean-water-branch-home-
page/cwb- standard-comments/.
Hazard Evaluation & Emergency Response Office
1. A Phase I Environmental Site Assessment (ESA) and Phase II Site Investigation
should be conducted for projects wherever current or former activities on site may
have resulted in releases of hazardous substances, including oil or chemicals.
Areas of concern include current and former industrial areas, harbors, airports,
and formerly and currently zoned agricultural lands used for growing sugar,
pineapple or other agricultural products.
2. Standard comments for the Hazard Evaluation & Emergency Response Office
are at: https://health.hawaii.gov/epo/landuse/.
Indoor and Radiological Health Branch
1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11-502,
11-503, and 11-504.
2. Noise may be generated during demolition and/or construction. The
applicable maximum permissible sound levels, as stated in Title 11, HAR,
Chapter 11-46, “Community Noise Control,” shall not be exceeded unless a
noise permit is obtained from the Department of Health.
3. Construction/Demolition Involving Asbestos: If the proposed project includes
renovation/demolition activities that may involve asbestos, the applicant should
contact the Asbestos and Lead Section of the Branch at
https://health.hawaii.gov/irhb/asbestos/.
Safe Drinking Water Branch
Jeffrey W. Darrow August 21, 2025
Page 3 of 4
1. Agencies and/or project owners are responsible for ensuring environmental
compliance for their projects in the areas of 1) Public Water Systems; 2)
Underground Injection Control; and 3) Groundwater and Source Water Protection
in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11-
25. They may be responsible for fulfilling additional requirements related to the
Safe Drinking Water program: https://health.hawaii.gov/sdwb/.
2. Standard comments for the Safe Drinking Water Branch can be
found at: https://health.hawaii.gov/epo/landuse/.
Solid & Hazardous Waste Branch
1. Hazardous Waste Program - The state regulations for hazardous waste and used
oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the
identification, handling, transportation, storage, and disposal of regulated
hazardous waste and used oil.
2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters
339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282.
Generators and handlers of solid waste shall ensure proper recycling or disposal
at DOH-permitted solid waste management facilities. If possible, waste
prevention, reuse, and recycling are preferred options over disposal. The Office
of Solid Waste Management also oversees the electronic device recycling and
recovery law, the glass advanced disposal fee program, and the deposit beverage
container program.
3. Underground Storage Tank Program – The state regulations for underground
storage tanks are in HAR Chapter 11-280.1. These rules apply to the design,
operation, closure, and release response requirements for underground storage
tank systems, including unknown underground tanks identified during
construction.
4. Standard comments for the Solid & Hazardous Waste Branch can be
found at: https://health.hawaii.gov/epo/landuse/.
Wastewater Branch
For comments, please email the Wastewater Branch at doh.wwb@doh.hawaii.gov.
Sanitation / Local DOH Comments:
1. According to HAR §11-26-35, No person, firm, or corporation shall demolish or
clear any structure without first ascertaining the presence or absence of rodents
that may endanger public health by dispersal from such premises. Should any
such inspection reveal the presence of rodents, the rodents shall be eradicated
before demolishing or clearing the structure. A demolition permit is required prior
to demolition.
Jeffrey W. Darrow August 21, 2025
Page 4 of 4
Other
1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit
recommends that state and county planning departments, developers, planners,
engineers, and other interested parties apply these principles when planning or
reviewing new developments or redevelopment projects.
2. If new information is found or changes are made to your submittal, DOH reserves
the right to implement appropriate environmental health restrictions as required.
Should there be any questions on this matter, please contact the Department of
Health, Hawaii District Health Office, at (808) 933-0917.
JOSH GREEN,M.D. EDWIN H.SNIFFEN
GOVERNOR DIRECTOR
KE KIA'AINA s ¢r .
KA LUNA HO'OKELE
Deputy Directors
Na Hope Luna Ho'okele
n,
DREANALEE K.KALILI
r TAMMY L.LEE
CURTT.OTAGURO
ROBIN K.SHISHIDO
STATE OF HAWAVI KA MOKU`AINA`O HAWAVI IN REPLY REFER TO:
DEPARTMENT OF TRANSPORTATION I KA`OIHANA ALAKAU
869 PUNCHBOWL STREET
HONOLULU, HAWAII 96813-5097 STP 0086825
STP 8.3971
September 12,2025
VIA EMAIL: planning@hawaiicounty.gov
Mr. Jeffrey W. Darrow
Director
County of Hawaii
Planning Department
101 Pauahi Street, Suite 3
Hilo,Hawaii 96720
Dear Mr. Darrow:
Subject: Change of Zone Amendment Application(PL-REZ-2025-000087)
Ernest and Elizabeth Young (Applicants)
North Kona,Hawaii
Tax Map Key: (3) 7-3-011: 068
Thank you for your letter,dated August 18, 2025, requesting the Hawaii Department of
Transportation's (HDOT)review and comments on the subject Change of Zone Amendment Application.
The HDOT understands that the Applicants are requesting an amendment to delete Condition H,which
prohibits a second dwelling, and a time extension of five years to comply with Condition C.
The HDOT has reviewed the application materials and has no objections to the requested amendments;
however, it has the following comments:
1. The subject property is approximately 3.40 miles from the property boundary of Ellison Onizuka
Kona International Airport at Keahole (KOA). All projects within 5 miles of Hawaii state
airports are advised to read the Technical Assistance Memorandum (TAM) for guidance with
development and activities that may require further review and permits. The TAM can be viewed
at this link: http://files.hawaii.gov/dbedt/op/docs/TAM-FAA-DOT-AiMorts_08-01-2016.pdf
2. Federal Aviation Administration (FAA)regulation requires the submittal of FAA Form 7460-1
Notice of Proposed Construction or Alteration pursuant to the Code of Federal Regulations, Title
14,Part 77.9, if the construction or alteration is within 20,000 feet of a public use or military
airport which exceeds a 100:1 surface from any point on the runway of each airport with its
longest runway more than 3,200 feet. Construction equipment and staging area heights, including
heights of temporary construction cranes, shall be included in the submittal.
Mr. Jeffrey W. Darrow STP 8.3971
September 12,2025
Page 2
The form and submission criteria can be found at the following website:
htips://oeaaa.faa.gov/oeaaa/extemal/portal.jssp. Please provide a copy of the FAA response to the
Part 77 analysis to the HDOT Airport Planning Section.
3. Due to the proximity to KOA, the applicant should be aware of potential noise from aircraft
operations. There is also potential for fumes, smoke,vibrations,odors, etc.,resulting from
occasional aircraft flight operations over or near the project location. These impacts may increase
or decrease over time and are dependent on airport operations.
4. If a solar energy photovoltaic (PV) system is going to be installed,be aware that PV systems
located in or near the approach path of aircraft can create a hazardous condition for pilots due to
possible glint and glare reflected from the PV panel array. If glint or glare from the PV array
creates a hazardous condition for pilots, the owner of the PV system shall be prepared to
immediately mitigate the hazard upon notification by the HDOT and/or FAA.
The FAA requires a glint and glare analysis for all solar energy PV systems near airports. The
www.sandia.gov/glare website has information and guidance on the preparation of a glint and
glare analysis. A separate FAA Form 7460-1 will be necessary for the solar energy PV system.
After the FAA determination of the Form 7460-1 glint and glare analysis, a copy shall be
provided to the HDOT Airport Planning Section by the owner of the solar energy PV system.
Solar energy PV systems have also been known to emit radio frequency
interference (RFI)to aviation-dedicated radio signals, thereby disrupting the reliability of air-to-
ground communications.Again,the owner of the solar energy PV system shall be prepared to
immediately mitigate the RFI hazard upon notification by the HDOT and/or FAA.
Please submit any subsequent land use entitlement-related requests for review or correspondence to the
HDOT Land Use Intake email address at DOT.LandUse@hawaii.gov.
If there are any questions, please contact Mr. Blayne Nikaido, Planner, Land Use Section of the HDOT
Statewide Transportation Planning Office at(808) 831-7979 or via email at
blayne.h.nikaido@hawaii.gov.
Sincerely,
EDWIN H. SNIFFEN
Director of Transportation
DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAl'I
345 KEKUANAO'ASTREET, SUITE 20 • HILO, HAWAl'l 96720
TELEPHONE (808) 961-8050 • FAX (808) 961-8657
Mr. Ernest and Ms. Elizabeth Young 73-1236 Mahilani DriveKailua-Kona, HI 96740
Dear Mr. and Ms. Young:
August 4, 2025
Subject: Water Commitment Time Extension Subdivision Application (SUB 05-00056) Change of Zone Ordinance No. 04-149 (REZ 1059) Applicant -Ernest Young and Elizabeth Young
Tax Map Key 7-3-011:068
This is to acknowledge receipt of the required $150.00 water commitment deposit for a commitment time extension for the proposed development. We are enclosing Receipt No. 5852155 for your files.
Pursuant to Rule 5 of the Department's Rules and Regulations, a water commitment time extension for the proposed 3-Iot development in the amount of 400 gallons per day, or one (1) additional unit of
water, is hereby granted until January 31, 2026, with the following conditions:
1.Construct necessary water system improvements, which shall include, but not be limited to:
a.service laterals that will accommodate 5/8-inch meters to front each lot,
b.subject to other agencies' requirements to construct improvements within the road
right-of-way fronting the property affected by the proposed development, the applicant
shall be responsible for the relocation and adjustment of the Department's affected
water system facilities, should they be necessary.
Submit construction plans, prepared by a professional engineer licensed in the State of Hawai 'i, for review and approval.
2.Remit the prevailing facilities charge balance which is subject to change as shown below:
FACILITIES CHARGE (FC):2 units of water previously paid 1 additional unit@ $6,095.00/unit
Total FC
... Water, Our 'Most Precious <R_gsource ... 1(,a Wai )I 'l(Jine ...
The Department of Water Supply is an Equal Opportunity provider and employer.
Paid $6,095.00 $6,095.00
F WATERS
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DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
oFNAw , 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAI'1 96720
TELEPHONE (808) 961-8050 • FAX (808) 961-8657
September 11, 2025 CNA PLANNING DFPT
SEP 15 2025 PH2:24
REC'D HAND DE1DELIVERED
TO: Mr. Jeffrey Darrow, Director
Planning Department
FROM: Keith K. Okamoto, Manager-Chief Engineer
SUBJECT: Change of Zone Amendment Application (PL-REZ-2025-000087)
Applicant: Ernest and Elizabeth Young
Request: Amendment to Delete Condition H (Prohibition of Second Dwelling) and
Provide a Time Extension to Condition C (Secure Final Subdivision Approval)
Tax Map Key 7- 3-011:068
We have reviewed the subject application and have the following comments and conditions.
Please be informed that there is an existing 12-inch waterline within Hawai`i Belt Road fronting the
subject parcel. There is an existing 5/8-inch meter which is limited to one (1)unit of water. For your
information, one (1)unit of water is equal to an average daily usage of 400 gallons.
We have no objection to the subject time extension request, subject to the applicant understanding and
accepting that the Department can only support the total allocation of water, which is currently three
3)units of water based on the current RS-20 zoning. Allowing for a second dwelling for each lot
would require six(6)units of water with the current RS-20 zoning, which does not meet the
requirements of the Department's Water System Standards.
Should there be any questions, please contact Ms. Robyn Matsumoto of our Water Resources and
Planning Branch at(808) 961-8070, extension 255.
Sincerely yours,
cli)
Keith K. Okamoto, P.E.
Manager-Chief Engineer
RM:dfg
copy— Ernest and Elizabeth Young
Water, Our 1?vtost Precious Resource. . . 7(a Wai A ?Cane. . .
The Department of Water Supply is an Equal Opportunity provider and employer.