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HomeMy WebLinkAboutCommunication No. 2025-11 Olson Trust CDP RationaleEdmund C. Olson Trust No. 2 We envision Hawaiʻi, where the land and people thrive together. olsontrust.com | P.O. Box 446 27-256 | Old Māmalahoa Hwy | Pāpaʻikou, Hawaiʻi 96781 November 12, 2025 To: Jason Masters, Ka’u CDP Action Committee, Chairman Members of the Ka’u CDP Action Committee From: John C. Cross, Sr. Land Manager, Edmund C. Olson Trust No.2 Brenda Iokepa-Moses, Community & Government Liaison, ECOT2 Dear Jason and Members of the Ka’u CDP Action Committee, This letter was developed to answer those questions that were raised at our last action plan committee meeting held in Pahala. Basically, asking how the Trust’s development plan for the Pahala Center on Highway 11, meets with the recommendations within the CDP document. Further, identifying those Objectives or Policy Controls where the Trust is asking variance from. Overview of the Trust’s planned development at the parcel: The Trust is proposing to develop a CoVee Shop, Convenience Store, Fuel Station , and will include public restrooms along Highway 11 just North of the Kamani Street entrance to Pahala at TMK 9-6-012-012. The development will require a modification of the General Plan LUPAG to Medium Density Urban (mdu)designation and then a re-zoning of a portion of this parcel to Village Commercial (CV-10). The area would connect to the existing (mdu) just south of Pa’au’au Stream. The LUPAG and CV-10 would not be a pocket or node, it would be a contiguous strip along H-11 to Kamani Street. The current State Land Use for the entire parcel is URBAN. This designation has been in place for many decades and was designed as being the expansion area for the Pahala town settlement. The General Plan LUPAG for the parcel is currently low density urban (ldu) which would allow for residential lots. The Trust purchased the property knowing these entitlements were in place and have not released or retracted these land use designations Communication No. 2025-11 since it acquired the property. The CDP’s recommendation that this area be re-designated as Important Agricultural lands and the proposed CDP LUPAG removing the (ldu) designation was not shared with the Trust. The CDP recommendations cannot usurp the State Land Use designation. The Trust was never consulted or noticed of these proposed changes. If eVected, these changes could constitute a violation of HRS 205 to redistrict a parcel without our consent. Imposition of the district changes would also violate the Fifth and Fourteenth Amendments of the U.S. Constitution and Hawaii State Constitution’s takings and damages clauses. Lets not go in that direction, but work together with the community for a project that many in Pahala and the district of Ka’u sincerely want to happen. Alignment with the CDP Section 3 Preferred Conservation and Settlement Patterns Section 3.1 Preferred Settlement Pattern Maximizing the use of existing and planned infrastructure: The project will encompass approximately 3 acres of land. There are no existing commercial zoned areas within the Pahala town settlement area that meet that area size. The proposed parcel for Olson’s Pahala Center meets the “planned infrastructure” recited, placing the development in lands that were previously designated for Urban type land uses. Preserving viable agricultural lands, open spaces, and viewscapes: The project will use lands that are currently designated as ALISH 3 (poor) and Land Study Bureau “Undesignated”,as the lands are SLU Urban and not designated for Ag ranking. That being said , the surrounding lands are ranked as “C” and “D”. LSB rankings are from A to E with A being Prime and E being Poor. C and D rankings could be designated as being “fair to poor”. The project will retain the agricultural uses surrounding the development area with irrigated coVee plantings and Monkey Pod trees. Agricultural use of the parcel requires irrigation, as the natural rainfall in this region cannot support successful crop production. Viewscapes of the mountain slopes above Pahala town are envisioned to be enhanced at the project site with interpretive signage of the Pu’u names and ahupua’as above the center. Preserving historic sites and buildings and encouraging the construction of new buildings in character with Ka’u’s architectural distinctiveness and rural sense of place: The project will be designed to keep it open with Plantation style architecture and landscaping. Colors will be natural tones matching those of plantation houses and buildings in Pahala. Interior work will be wood panels and floors. Wall space will be designated for historic maps and educational panels on the history of the Ka’u district and Pahala town. Native Hawaiian land use as well as the modern transformation uses for Ranching, Sugarcane, and Macadamia Nut production will be highlighted. Many of the large majestic Monkey Pod trees will be preserved to provide a link to the rest of the parcel. If any tree(s) needing to be removed the wood from those trees will be utilized within the buildings as bench or shelf tops honoring the beauty of the wood and the gift of the tree. Section 3.2 General Plan Alignment The existing low density designation aligns with it being an urban center. The proposed change to medium density is not aligned with the proposed LUPAG within the CDP document. The Trust respectfully asks that the CDP Action Committee concur that a change is needed and recommended based on the comments from the Community. The Trust has held many community meetings and the general tone from the community members who have attended and commented is they are supportive of the project and would want it to happen. Further to that, the community wants it to happen sooner than later. The CDP document on page 38 states, “The creation of new urban and rural centers should be initiated only when it is in the public interest and must be accompanied by commitments from both government and the private sector for the development of basic community and public facilities and services. Infrastructure costs less when [residential] areas are located near existing highways, water and sewer lines, and employment centers.” (bold emphasis added; bracketed [residential] could also reference “urban and commercial” areas are located near….) Section 3.3 Community Objectives Four Objectives are recited: Objective 1 “Encourage future settlement patterns that are safe, sustainable and connected…” The project will be approximately 0.6miles northeast of the Pahala/Kamani Street intersection. While it is not within the historic town center it is connected by way of Urban expansion zoning. The community can safely access the Pahala Center from H-11 and utilize the expansive parking areas planned for both residential vehicles and larger trucks, buses and trailers. The proposed change in speed limit to 35mph will allow for safer entry/exit from Kamani Street and to the Project itself. Objective 2 “Preserve prime and other viable agricultural lands and preserve and enhance viewscapes…” The project will keep irrigated coVee in production on the parcel as part of its educational experience. Additionally, landscaping will be introduced using native plants including connections to the districts’ agricultural heritage of ranching, sugarcane and macadamia nuts. As stated earlier the Pahala Center layout will try to display the mountain slopes and Pu’u above Pahala with interpretive signage as to the significance of these Pu’u and ahupua’a’s. Objective 4: “Protect, restore and enhance Ka’u’s unique cultural assets including historic sites…” The project buildings will also include historical displays of the Ka’u district and its importance to Hawaiian culture. From the arrival of the first Polynesian discoverers, to the Chiefs who ruled Ka’u, to the fierce independent nature of the Ka’u residents, the Ka’u district and community will be highlighted within the bounds of the Center. Objective 12: “Establish or expand retail, service, dining, and entertainment centers…” The community members who have attended our information gathering sessions have all welcomed hearing that our project will expand all of the above recited activities. Pahala lacks a hot food service center, our convenience store will fill that gap. Pahala lacks a fully serviced fuel station with gasoline, diesel, (on-highway and oV- highway), and EV recharging stations. Future service into alternate fuels such as Hydrogen will be explored. Propane canister exchange will also be on site. Much needed access to public restrooms will also be available. Section 3.4 Land Use Policy Policy 1: “Rehabilitate and develop within existing zoned urban areas already served by basic infrastructure…” The project is placed within already SLU designated URBAN. Infrastructure includes adjoining State DOT highway 11, the location of three phase electric powerlines, and an 8” DWS water service main on the property. Policy 2: “Concentrate commercial uses within and surrounding central core areas in Pahala, Naalehu, and Ocean View and do not allow strip or spot commercial development outside of the designated urban areas” The central core of Pahala town does not have the area required to support the designed facility we are envisioning. The project TMK is appropriately zoned State Land Use URBAN. Policy 3: “Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems….” (See answer stated in Policy 1) Further, a shuttle service may be employed to transport community members to the Project site. Waste water is yet to be designed, and could include a package STP or contained Septic system. Policy 4, 5 and 6 (as recited on page 39) Do not apply to the Project. Land Use Policy Map Policy 7: Refers to adoption of the CDP maps on pages 43 through 48… The Trust believes this Policy statement is overly broad. Further only the County Council or State Land Use Commission can make these type of land use changes. The 2025 County of Hawaii General Plan currently is before the County Council for approval. The County Council has not yet voted to accept the General Plan in its current form. The Trust would like to see a change in the mapping designations to accept the Land Use and Zoning changes needed for the Project. Policy 8: Refers to Low Density Urban (ldu) on the CDP maps only be allowed a change of zone to RS, RM , RCX, or Open… The Trust would like to have a portion of TMK 9-6-012- 012 designated as LUPAG Medium Density Urban (mdu) to allow for rezoning to Village Commercial. A favorable recommendation from the Action Plan committee is requested. Policy 9: Does not apply to the Project Land Use Permitting Policy 10: “The Planning Director shall o]er favorable recommendations to the Planning Commissions, subject to appropriate conditions, only for those proposed code amendments that would further the intent and ensure consistency with the objectives and policies of the Ka’u CDP…” The Trust believes that the Project would support several of the objectives and policies within the CDP. With broad community support, the project would allow for enhanced services to the community and to visitors. The project would not clutter the core town center. The enhanced fuel services, convenience store with hot food, and CoVee Shop visitor center would be on Highway 11 only a short distance away from the Kamani street intersection. A favorable recommendation from the Action Plan committee to the Planning Director to allow for the required GP and zoning changes is requested. Policy 11: Refers to Variances… Does not apply to the Project. Policy 12: “Outstanding natural or cultural features, such as scenic spots, water courses, fine groves of trees, heiau’s, and historical sites shall be preserved during [subdivision]. Although not a ‘subdivision’, the Project will preserve and enhance the features upon the land that has become a landmark of Pahala. The large Monkey Pod trees scattered through the project area will be preserved to keep the scenic view intact. A walkway is planned for the project area to allow visitors to meander through the trees, view the mountain slopes, the Pu’u’s above Pahala, and learn cultural aspects of the Ka’u district through the planned Hawaiian “canoe plant” garden. Policy 13: Refers to waivers to zoning and subdivision chapters regarding Consolidation and Resubdivsion (PC&R)actions…This does not apply to the Project Policy 14: Refers to Plan Approval and related conditions…The Pahala project will likely require Plan Approval after rezoning is appropriated. The Project will gladly consider conditions of Plan Approval to enhance viewscapes, areas of natural beauty, proper landscaping, and provide for historic and cultural education experiences in the Projects’ buildings and grounds. Section 3.5 County Action Policy 15: “Amend the General Plan LUPAG and as needed, State Land use boundaries, to conform with the o]icial Ka’u CDP Land use Policy Map” The Trust respectfully requests that the Ka’u CDP Action Plan Committee recommend that the General Plan LUPAG maps within the CDP be amended to reflect appropriate LUPAG designation (Medium Density Urban,(mdu))for a band width across the Highway 11 frontage of TMK 9-6- 012-012 from the existing (mdu) area at Kamani Street near the Ka’u Hospital. Further we ask that the Action Plan Committee recommend to the Planning Director and County Council to consider approving requested Change of Zone from Ag-20 to Village Commercial 10. The CV10 zoning at TMK 9-6-012-012 will connect to the existing CV-10 zoning at Kamani Street near the Ka’u Hospital. Sincerely, John C. Cross Sr. Land Manager Edmund C. Olson Trust No. 2 Brenda Iokepa-Moses Community & Government Liaison Edmund C. Olson Trust No. 2