Loading...
HomeMy WebLinkAboutPD Background Report Benjamin and Olimpia Love (PL-REZ-2025-000093)BLoveREZ.1.5.26 COUNTY OF HAWAIʻI PLANNING DEPARTMENT BACKGROUND REPORT BENJAMIN AND OLIMPIA LOVE CHANGE OF ZONE APPLICATION NO. PL-REZ-2025-000093 BENJAMIN AND OLIMPIA LOVE have submitted an application for a Change of Zone from an Agricultural-20 Acres (A-20a) zoning district to a Family Agricultural-1 Acre (FA-1a) zoning district for 5.79 acres of land. The subject property is located at 17-4050 Kuaʻāina Road, approximately 1,106 feet northwest of its intersection with Volcano Road (Highway 11), Keaʻau, Puna, Hawaiʻi, TMK: (3) 1-7-016:010. PROPOSED ACTION 1. Applicants’ Request: The applicants are requesting a Change of Zone from an Agricultural-20 Acres (A-20a) zoning district to a Family Agricultural–1 Acre (FA-1a) zoning district for 5.79 acres of land. The FA-1a district has a minimum lot size of one (1) acre and would allow a maximum density of five (5) building sites (lots). The Family Agricultural (FA) zoning district is intended to provide for a blend of small-scale agricultural operations associated with residential activities and may be characterized by farm estates, small-acreage farms, or subsistence lots. The FA district is intended for areas within the State Land Use Agricultural District where public services and infrastructure are appropriate to support the very-low-density residential needs of a rural community; where a substantial number of parcels are less than five (5) acres in size; and where a mix of uses will not conflict with, or be detrimental to, existing agricultural uses in the surrounding area. In addition, the FA district is intended to be primarily composed of agricultural lands less than five (5) acres in area that are not classified as A or B lands under the Land Study Bureau’s Master Productivity Rating, nor classified as prime, unique, or other important agricultural lands. However, the district may include lands with these classifications if the lands are situated within an urban 2 expansion or other urban designation under the General Plan Land Use Pattern Allocation Guide (LUPAG) map. Standards and permitted uses applicable to the FA zoning district are set forth in Sections 25-5-60 through 25-5-67 of the Hawaiʻi County Code. (Planning Department Exhibit 1 - Zoning Code Requirements for Family Agricultural Districts) 2. Reason for the Request: The request is intended to enable a five-lot subdivision consistent with the one (1) acre minimum lot size of the proposed FA-1a district. The subject property includes an existing single-family dwelling, which is currently occupied by the applicants. The applicants state they would retain two (2) lots for family use (including the lot with the existing dwelling) and would sell three (3) lots for estate planning purposes. 3. Construction Timetable and Cost: Following approval of the rezoning, the applicants intend to proceed with the subdivision process as soon as practicable. The subdivision is tentatively anticipated to be completed by the end of 2026. The estimated cost of infrastructure improvements associated with the subdivision is approximately $100,000, depending on final design and County requirements. 4. Landowner: Benjamin C. Love Trust and the Olimpia A. Love Trust. 5. Supporting Information: The applicants have submitted the attached in support of the request. (Planning Department Exhibit 2 - Change of Zone Application and Supplemental Information dated October 14, 2025) STATE & COUNTY PLANS 6. State Land Use District: Agricultural. 7. General Plan Land Use Pattern Allocation Guide (LUPAG) MAP: Low Density Urban (LDU), with a small portion of the southeastern corner designated as Urban Expansion (UE). The Low Density Urban designation allows for residential uses, along with ancillary community and public uses, at an overall residential density of up to six units per acre. The Urban Expansion designation allows for a mix of urban uses in areas identified for potential future development where specific settlement patterns have not yet been 3 determined. 8. County Zoning: Agricultural–20 Acres (A-20a). 9. Puna Community Development Plan (PCDP): The subject parcel is covered by the PCDP which was adopted by the Hawaiʻi County Council by Ordinance No. 08-116 on September 10, 2008, and amended on November 4, 2010, by Ordinance No. 10-104; on June 8, 2011, by Ordinance Nos. 11-51, 11-52, & 11-53; and on December 6, 2011, by Ordinance Nos. 11-117 & 11-118. The subject parcel is not situated within any designated town, village, or neighborhood center. 10. 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 not located within the Special Management Area and is situated approximately 5 miles from the nearest coastline. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 11. Subject Property: The subject property consists of approximately 5.79 acres and is generally trapezoid/irregular in shape. The parcel is developed with one existing single- family dwelling constructed in 1991. The remainder of the site is predominantly undeveloped and includes previously cleared areas that are now overgrown, as well as areas planted with fruit trees by the landowners. No additional structures or site improvements are present. Topography across the site is relatively level, with a maximum slope of approximately 3.5 percent. 12. Surrounding Zoning/Land Uses: The surrounding area includes a mix of Agricultural–20 acres (A-20a) and Single-Family Residential–20,000 square feet (RS-20) zoning. Parcels to the south and east are zoned RS-20 and generally range from approximately 1 acre to 4.5 acres; the 5-acre ‘Kurtistown Village’ parcel is an exception and has been divided into ten (10) CPR units ranging from approximately 16,000 to 37,000 square feet. The RS-20 zoned parcels are predominantly developed with single-family dwellings but also include the site of the Hilo Korean Christian Church on the parcel immediately east of the subject property. Parcels to the west are zoned A-20a, typically ranging from 4 approximately 2 to 10 acres, and support a mix of agricultural and residential uses. The Iwasaki Village subdivision (created in the 1930s) is located about 500 feet west of the subject parcel and includes lots of ranging from 4,700 to 10,000 square feet. To the north is the approximately 302-acre Kamehameha Schools campus parcel, zoned A-20a. Pursuant to Ordinance No. 24-87 and Section 25-2-42(c)(4) of the Hawaiʻi County Code, a detailed surrounding properties report is attached to this document. (Planning Department Exhibit 3). 13. U.S.D.A. Soil Survey: The subject property is classified as Panaewa very cobbly hydrous loam, 2 to 10 percent slopes. The soil is moderately well drained, runoff is high, and permeability is low to moderately low. 14. Agricultural Lands of Importance to the State of Hawaiʻi: Prime Agricultural Land, which is land best suited for the production of food, feed, forage and fiber crops. These lands have the soil quality, growing season, and moisture supply needed to support economically viable, high crop yields when properly treated and managed—including appropriate water management—using modern farming methods. 15. Land Study Bureau Soil Productivity Rating: The soil condition within the subject property is classified as “C” or “Fair Soils” and “D” or “Poor” soils for agricultural productivity. 16. Flood Insurance Rate Map (FIRM)/Drainage: The subject parcel is in an area designated as flood zone “X” on the Flood Insurance Rate Map (FIRM). Zone “X” is an area determined by FEMA to be “within an area of minimal flood hazard. 17. Flora/Fauna Resources: No professional floral or faunal surveys were conducted on the subject parcel. The property is predominantly surrounded by single-family residential uses. Based on these conditions, the applicants do not anticipate the presence of rare or endangered plant or animal species, nor the existence of suitable habitat for such species within the property. 18. Archaeological/Cultural/Historical Resources: The subject property has been previously cleared, and a portion is used as a homesite; therefore, no archaeological survey was 5 conducted. The subject property has been previously cleared and historically used for sugar cane cultivation, a land use typically associated with substantial ground disturbance and disruption of any surface cultural resources. The subject site is not adjacent to or in proximity to the shoreline; therefore, coastal access and the gathering of marine resources are not anticipated to be affected. It is not known whether the subject property or the surrounding area was used in the recent past for the gathering of plants by Native Hawaiians; however, the applicants report that they have not observed Native Hawaiian plant gathering on the subject property or adjacent properties. By letter dated November 19, 2025 , the Department of Land and Natural Resources, State Historic Preservation Division (SHPD) issued a project effect determination of “No historic properties affected.” In the event archaeological materials, lava tube openings, or human skeletal remains are inadvertently discovered during grubbing, grading, or other ground-disturbing activities, work shall cease in the immediate vicinity of the find, the find shall be protected from further disturbance, and SHPD shall be contacted before work resumes. 19. Public Access: There is no designated public access to the mountains or shoreline through the property. PUBLIC UTILITIES AND SERVICES 20. Vehicular Access/Traffic: Vehicular access to the subject parcel is provided via Kuaʻāina Road, a County-owned and maintained paved roadway along the southern boundary of the property. Kuaʻāina Road has an approximate 32-foot-wide right-of-way and approximately 18 feet of pavement width and connects to Volcano Road (State Highway 11) approximately 1,100 feet east of the subject parcel. North Road borders the northern portion of the property; however, it is a privately owned and maintained roadway and is not proposed to serve as access for the project. North Road generally consists of a gravel surface (approximately 12–15 feet wide) and also connects to Volcano Road approximately 1,300 feet east of the subject parcel. North Road’s roadway configuration in this area is associated with Subdivision 5521 (approved in 6 1987). Available records indicate that the portion of North Road located within the subject parcel was not conveyed as part of the private road lot and portions of North Road remains within TMK (3) 1-7-016:010, subject to a access and utility easement. The access and utility easement was originally granted in 1983 as a 30-foot-wide access and utility easement (Planning Department Exhibit 4 – Bureau of Conveyances Document 83-131084 Recorded November 21, 1983) and subsequently corrected in 1986 (Planning Department Exhibit 5 – Bureau of Conveyances Document 86-45263 Recorded April 23, 1986 ). The corrected easement description identified the access and utility easement with varying widths of approximately 39.06 feet and 37.79 feet. In 1995, Puna Sugar conveyed easement rights to Dillow Group. There is an existing driveway from the single-family dwelling to Kuaʻāina Road, which will be removed once the new road lot es established. For the proposed rezoning and anticipated subdivision, access to the new lots would be provided by a new private roadway lot connecting to Kuaʻāina Road. The proposed roadway would consist of a 20-foot-wide right-of-way with a minimum 16-foot-wide pavement and would be designed to meet applicable Hawaiʻi County subdivision requirements and Department of Public Works roadway standards. 21. Water: The subject parcel is served by the Department of Water Supply (DWS) through an existing 5/8-inch water meter. DWS indicates the existing meter is limited to an average daily usage of 400 gallons and is suitable for one (1) dwelling. DWS indicates that additional water service for the proposed subdivision may be available from the end of an existing 6-inch waterline within Kuaʻāina Road fronting the parcel; however, any additional service is subject to DWS water availability conditions and system requirements. A water commitment, if applicable, may be issued pursuant to DWS Rule 5. For final subdivision approval, DWS indicates the applicants shall be required to construct water system improvements to provide adequate domestic service and fire protection, which may include extension of existing water mains, installation/relocation of service laterals and meters to serve the proposed lots, and installation of fire hydrants in accordance with DWS requirements. The applicants will also be required to 7 remit applicable facilities charges and, upon completion, convey required improvements and easements to the Water Board/DWS, as applicable. 22. Wastewater: The project is not proposed to connect to a public sewer system; wastewater disposal is expected to be handled through individual wastewater systems, subject to State Department of Health approvals prior to issuance of building permits. 23. Solid Waste: The applicants state that solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. 24. Essential Utilities and Services: Police, fire and medical services are available nearby in Keaʻau . All other essential utilities are available to the property. AGENCY COMMENTS 25. Department of Water Supply (Planning Department Exhibit 6 – November 26, 2025 Memo) 26. Department of Public Works (Planning Department Exhibit 7 – September 15, 2025 Email) 27. Department of Public Works (Planning Department Exhibit 8 – January 29, 2026 Email) 28. Police Department (Planning Department Exhibit 9 – November 5, 2025 Memo) 29. State Department of Health (Planning Department Exhibit 10 – October 24, 2025 Memo) 30. State Department of Transportation (Planning Department Exhibit 11 – November 17, 2025 Memo) 31. State Department of Land and Natural Resources-State Historic Preservation Division (Planning Department Exhibit 12 – November 19, 2025 Letter) AGENCIES – NO RESPONSE 32. Department of Public Works – Engineering Division; Department of Public Works – Traffic Division; Department of Environmental Management; Fire Department; Department of Land and Natural Resources-Engineering and Land Divisions; and U.S. Fish and Wildlife Service. APPLICANTS’ RESPONSE TO AGENCY COMMENTS 8 33. Letter from Applicants Responding to Agency Comments (Planning Department Exhibit 13 – January 16, 2026) 34. Email from Applicants Responding to Agency Comments (Planning Department Exhibit 14 – January 28, 2026) PUBLIC COMMENTS 35. As of the date of this writing, the Planning Department has received no public comments on this application. ZONING §25-5-57Section 25-5-57. Other regulations. (a)If any legal building site in the RA district has an area less than one-half acre, thenthe yard and height requirements for the building site shall be the same as theyard requirements for the RS district.(b)Plan approval shall be required prior to the construction or installation of any newstructure or development, or of any addition to an existing structure ordevelopment which is used for minor agricultural products processing.(c)An accessory dwelling unit may be located on any building site in the RA district,as permitted under article 6, division 3 of this chapter.(d)Exceptions to the regulations for the RA district regarding heights, building siteareas, building site average widths and yards, may be approved by the commissionwithin a planned unit development pursuant to article 6, division 1 of this chapter.(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4; am 2024, ord 24-70, sec 8.)Division 6. FA, Family Agricultural Districts. Section 25-5-60. Purpose and applicability. The FA (family agricultural) district provides for a blend of small-scale agricultural operations associated with residential activities and which may be characterized by farm estates, small acreage farms, or subsistence lots. The FA district is intended to be in areas designated as being within the State land use agricultural district, where public services and infrastructure are appropriate to support the very low density residential needs of a rural community and where substantial number of parcels are less than five acres in size, and where a mix of uses will not conflict with or be detrimental to existing agricultural uses in the surrounding area. In addition, this district is intended to be primarily comprised of agricultural lands less than five acres in area, which are not classified as A or B lands under the land study bureau's master productivity rating, or classified as prime, unique, or other important agricultural lands. Provided, that this district may include lands so classified if the lands are situated within an urban expansion or other urban designation under the general plan land use pattern allocation guide (LUPAG) map. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-61. Designation of FA districts. Each FA (family agricultural) district shall be designated on the zoning map by the symbol "FA'' followed by a number and the lower case letter "a" which indicates the required number of acres for each building site. For example, FA-la means a family agricultural district with a minimum building site area of one acre. (1996, ord 96-160, sec 2; ratified April 6, 1999.) 25-87 SUPP. 17 (1-2025) LAND"••�� PLANNING. HAWAII LLC Mr. Jeffrey Darrow, Director Planning Department COUNTY OF HAW All IO I Pauahi Street Hilo, HI 96720 Dear Mr. Darrow: October 14, 2025 Subject: Attn: Tracie-Lee Camero 194 Wiwoole St. Hilo, HI 96720 808 333-3393 Submission of Change of Zone Application (PL-REZ-2025-000093) Applicant: Benjamin and Olimpia Love Kea'au, Puna, Hawaii, TMK: (3) 1-7-016:010 The subject application was submitted to your department on August 26, 2025. The applicants propose to rezone the subject property from A-20a to FA-la in order to subdivide the 5. 79-acre parcel into five (5) lots, each consisting of a minimum of I-acre. The intention of the subdivision would be to provide housing opportunities for the applicants' family as well as for estate planning purposes. The applicants would retain two of the proposed parcels for their family and continue living on one of those parcels. Your office has requested the following additional information: I. Roadways and Access•Provide a discussion on the two proposed roadways identified, North Road and KuaainaRoad, and how they connect to the main highway.•Clarify whether North Road is currently in use, whether it will be used for access to thesubject property, and the jurisdiction/maintenance status of North Road Please alsoindicate whether North Road is paved and its width.•Based on the survey map and your report, approximately 30 feet of Kuaaina Road appears to be paved However, according to the proposed subdivision map, it may bepart of a larger right-of-way. Please indicate the total width of Kuaaina Road North Road runs along the northern boundary of the parcel. According to Real PropertyTax records, it is a privately owned and maintained roadway owned by Dillow Group LLC. The majority of the roadway contains a 60-foot right-of-way, with approximately12-15 feet of gravel roadway width. The portion of the road fronting the subject parcelcontains an approximately 22-foot right-of-way. North Road connects directly to VolcanoRoad, a state-owned highway, approximately 1,300 feet east of the subject property. Theentrance to North Road from the highway is gated. Right and left hand turns onto the highway from North Road are controlled with a stop sign. The subject parcel and the proposed subdivision will be accessed from Kuaaina Road and not from North Road. Kuaaina Road is used to access the subject parcel and is proposed for access to the proposed subdivision. It runs along the southern boundary of the parcel. According to Real Property Tax and survey records, it is a County -owned roadway with an approximately 32-foot right-of-way and 18 feet of pavement width and is in good condition. Kuaaina Road connects directly to Volcano Road, approximately 1,100 feet east of the subject property. Right and left hand turns onto the highway from Kuaaina Road are controlled with a stop sign. Provide a discussion on the existing driveway serving the dwelling and how access will be addressed and mitigated with the proposedfive -lot subdivision. Especially since the driveway looks to be crossing another proposed lot. The applicant plans to keep proposed Lot 4, on which his dwelling is located, as well as proposed Lot 5 for his family's use. Currently, the dwelling located on proposed Lot 4 is accessed via an existing driveway from Kuaaina Road. In conjunction with the subdivision process, the landowner intends to create a new driveway to his parcel from the new roadway lot proposed to run along the western side of the parcel. The existing driveway will cease to be used and the new driveway will take its place. Clarify whether accessfor the new lots will be provided via individual driveways, a shared easement, or a roadway lot. Ifaccess will be by shared easement or roadway lot, please indicate the proposed width, design, and construction material ofthe access. As shown on the rezone exhibit map, the applicant intends to create a new 20-foot wide private roadway which will provide access to the proposed parcels from Kuaaina Road. The new roadway lot will contain a 20-foot-wide right-of-way with a minimum of 16-feet of pavement width and will comply with Hawaii County Code, Chapter 23, Subdivision standards as well as the Department of Public Works standard details pertaining to non- dedicable street construction (Std. Det. R-25). It is understood that the subdivision plan submitted herein may need be adjusted prior to receipt of final subdivision approval to accommodate County subdivision requirements and appropriate conditions of approval. Since both North Road and Kuaaina Road connect to the State Highway, please address the existing roadway conditions and the status oftheir intersections with the highway. Also discuss whether any additional traffic measures may be required at these intersections. The existing condition of North Road and Kuaaina Road are noted above. Right and left hand turns onto the highway from both roads are controlled with a stop sign and both intersections have adequate site distance in all directions. Due to the very low additional traffic volume expected to be generated by the project, it is not anticipated that any additional traffic measures will be required at these intersections in order to effectuate the proposed project. Note that the Director may require, as a condition ofapproval, that a portion of the parcel closest to North Road be dedicated to the Countyforfuture expansion ofNorth Road. Please check with the applicant to ensure they are aware of this potential requirement. The applicant is aware of this potential requirement. 2. Traffic Provide a discussion oftraffic impacts associated with the proposed subdivision, even if minimal. Include a general trip generation estimate and whether any roadway improvements (widening, striping, sight distance) are needed. The applicant proposes to rezone the subject parcel to FA -la in order to pursue a 5-lot subdivision, each with the potential to contain a single-family dwelling. One of the proposed lots already contains a single-family dwelling and thus it is anticipated that the project may eventually result in the construction of four (4) new single-family dwellings. According to the Institute of Traffic Engineers Trip General Manual, 1 1th Edition, such an increase in housing is anticipated to generate an additional 2.28 PM peak hour trips. Such a minimal increase in traffic is not anticipated to require any new roadway improvements. We trust that everything is in order for your acceptance and processing of this application. If not, or if there are questions relating to this matter, please feel free to direct them to me. Thank you very much. Sincerely, JOHN PIPAN Planning Administrator PLANNING HAWAII LLC August 26, 2025 Mr. Jeffrey Darrow, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Darrow: Subject: Submission of Change of Zone Application Applicant: Benjamin and Olimpia Love Kea'au, Puna, Hawaii, TMK: (3) 1-7-016:010 194 Wiwoole St. Hilo, HI 96720 808) 333-3393 Transmitted here for your review and processing is the submittal of an application requesting a change of zone from the Agricultural 20-acre (A-20a) zoning district to the Family Agricultural 1-acre (FA -la) zoning district for the subject parcel. The parcel is located at 17-4050 Kuaaina Road, approximately 1,250 feet west of its intersection with Volcano Road, in Kea'au, Puna, Hawaii. If approved, the applicants intend to subdivide the subject 5.79-acre parcel into five (5) lots, each consisting of a minimum of 1-acre. The intention of the subdivision would be to provide housing opportunities for their children as well as for estate planning purposes. The applicants would retain two of the parcels for their family and continue living on the parcel containing their dwelling. This electronic transmittal includes a) the application package including the application form, departmental questionnaire, background and environmental report and the rezone exhibit map; b) the written metes and bounds description of the area of the proposed rezoning; c) a letter of authorization allowing our office to file the application on the landowners' behalf; and d) a list of surrounding property owners within one thousand (1,000) feet of the subject parcel. Further, payment for the County filing fee will be paid via electronic check upon submittal of the application. We trust that everything is in order for your acceptance and processing of this application. If not, or if there are questions relating to this matter, please feel free to direct them to me. Thank you very much. Sincerely, S - JOHN PIPAN Planning Administrator TO WHOM IT MAY CONCERN: As landowner of the parcel identified by TMK: (3) 1-7-016:010, I hereby consent and authorize Land Planning Hawaii LLC to file and process a Change of Zone Application on my behalf. Benjamin C Love Trust Benjamin Lo Olimpia A Love T Olimpi Love, Trustee D te ate CHANGE OF ZONE APPLICATION COUNTY OF HAWAN PLANNING COMMISSION Type or legibly print the requested information APPLICANT(S): Benjamin Love and Olimpia Love APPLICANT'S SIGNATURE4. ZV DAIE: ADDRESS: PO Box 45, Kurtis o n, HI 96760 LIST APPLICANT'S INTEREST (if not owner): Trustees PHONE: ( Bus.) (Res.) 510-847-2137 (Email) ticwgi@yahoo. A-20a TO FA-1 a Existing Zoning) TAX MAP KEY(S): (3) 1-7-016:010 Proposed Zoning) SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.79 acres LANDOWNER( S): Benjamin C Love Trust and Olimpia A Love Trust FEE SIMPLE LANDOWNER(S) WRITTEN AUTHORIZATION may be rovided by letter with the below statement included): AGENT: Land Planning Hawaii LLC - John Pipan AGENT ADDRESS: 194 Wiwoole St, Hilo, HI 96720 PHONE: ( Bus.) 808-333-3393 (Res.) (Email) info@landplanninghawaii. indicate to whom original correspondence and copies should be sent. ORIGINAL: Agent COPIES: Applicant ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE I. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? If yes, please answer the rest of question I and then to question 3. a. How many acres of the requested area do you intend to subdivide? b. Into what lot sizes? c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? d. Do you intend to build houses on the newly created lots? If yes, please answer the following questions: On how many of those lots? At what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) The applicant plans to keep two lots for his family and sell the other three lots. yes 5.79 1+ acre 6 months no P.D.2 5/84 1 f. If you intend to do either a, b or c, please elaborate on the kind of plans the other party has. Please also include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? yes How? It will allow the applicants to sell 3 fee simple parcels which could be developed with farm dwellings and keep two of the parcels for his family, who may eventually build another dwelling. 4. Are there any buildings on the subject area? If so, what kind? The applicants' dwelling yes What do you intend to do with those buildings if your request is approved? The applicants will continue to reside in their dwelling. 5. Is the subject land currently being used for any agricultural activity? If so, please list the kinds of products grown and on how many square feet or acres of land per product. The applicants have planted a small area of the proposed Lot 4 with avocado, oranges, mountain apple and lime trees. 6. Was your request to allow for the creation of small agricultural lots? If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? Agricultural plans will be decided by future landowners yes no b. Suitability of the proposed lot -size for that commodity? c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? 2 yes yes d. Agricultural leases or other forms of assurance that potential buyers or leases will would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. no Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of Agricultural purpose, please state your other reasons. The applicants plan to keep two of the proposed parcels for their family - one will continue to serve as their family home and will be planted with additional fruit trees and the other may eventually be developed for one of their children. The other three parcels will be sold for estate planning purposes. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? If so, please describe the problem. no 8. Do you think that the roads leading up to the subject area needs improvements? If so, what kind? no Is the road adequate for the proposed traffic volume or bad? 9. What sort of government assistance and/or improvements do you feel will be needed in the subject area when developed? a. Schools b. Roads c. Sewer d. Drainage Yes 3 No X X X X yes e. Police Protection f. Fire Protection g. Recreational Facilities h. Public Utilities i. Other X X X For those checked "yes", phase elaborate what type or kinds of improvements and/or assistance are needed. Signature: Address: Telephone: Date: 194 Wiwoole St, Hilo, HI 96720 808-333-3393 08/26/2025 4 COUNTY ENVIRONMENTAL REPORT REQUEST FOR CHANGE OF ZONE FROM A-20A to FA -la BENJAMIN AND OLIMPIA LOVE KEA'AU, PUNA, HI TMK: (3) 1-7-016:010 1 Contents I. INTRODUCTION 4 II. PROJECT LOCATION 4 III. PROJECT DESCRIPTION 4 A. Project Concept and Components 4 B. Project Timetable and Cost 5 IV. INSTITUTIONAL CONSIDERATIONS 8 A. State Land Use 8 B. County General Plan 8 C. Puna Community Development Plan 12 D. County Zoning 13 E. Relationship to SMA Objectives and Policies 14 F. Other Permitting Requirements 15 V. ENVIRONMENTAL CONSIDERATIONS 18 A. General Description 18 B. Soils and Topography 18 C. Natural Hazards 20 D. Flora/Fauna 20 E. Historic/Cultural/Archaeological Resources 22 F. Valued Cultural Resources 22 G. Water and Coastal Resources 23 H. Noise, Air Quality, and Dust 23 I. Scenic and Visual Considerations 24 VI. SOCIAL AND RELATED CONSIDERATIONS 24 A. Surrounding Land Uses 24 B. Economic Impacts 24 C. Agricultural Impacts 25 VII. INFRASTRUCTURAL CONSIDERATIONS 25 A. Road 25 B. Water 25 C. Wastewater 25 D. Solid Waste 25 2 E. Other Government Services 25 F. Other Utilities 26 VIII. IMPACT SIGNIFICANCE ANALYSIS 26 A. Relationship Between Local Short -Term Uses of Environment and Maintenance and Enhancement of Long -Term Productivity 26 B. Irreversible and Irretrievable Commitment of Resources 26 C. Mitigative Measures 27 D. Alternatives to the Proposed Project 27 IX. REGULATORY ANALYSIS 28 A. General Plan LUPAG Map 28 B. General Plan Polices 29 C. Puna Community Development Plan 31 D. Zoning and Subdivision 31 E. State Land Use Agricultural Standards 32 X. CONCLUSION 32 Figures 1. Location Map 5 2. Zoning Map 6 3. Rezone Exhibit Map 7 4. State Land Use Map 9 5. LUPAG Map 10 6. ALISH Map 16 7. Historic Aerial Map 17 8. Land Study Bureau Map 19 9. Flood Hazard Map 21 3 I. INTRODUCTION Benjamin and Olimpia Love ("applicants") are requesting the rezoning of the parcel identified by Tax Map Key (3) 1-7-016:010 from Agricultural-20 acres (A-20a) to Family Agricultural 1-acre (FA -la) for the purpose of subdividing the property into five (5) lots. The property is located at 17-4050 Kuaaina Road, approximately 1,200 feet west of its intersection with Volcano Road (Highway 11) in Kea'au, Puna, Hawaii (Figure 1). If approved, the applicants intend to subdivide the 5.79-acre parcel into five (5) lots, each consisting of a minimum of 1-acre (Figure 2). The property currently contains one single-family dwelling in which the applicants reside. The intention of the subdivision would be to provide housing opportunities for their children as well as for estate planning purposes. The applicants would retain two of the parcels for their family and continue living on the parcel containing their dwelling. II. PROJECT LOCATION As noted earlier, the subject property is located at 17-4050 Kuaaina Road, approximately 1,200 feet west of its intersection with Volcano Road (Highway 11) in Kea'au, Puna, Hawaii (Figure 1). III. PROJECT DESCRIPTION A. Project Concept and Components The subject site consists of 5.79-acres of land zoned A-20a (Figure 2) and contains one (1) single-family farm dwelling in which the applicants reside. According to Real Property Tax Records, the dwelling consists of 1,480 square feet and contains three (3) bedrooms and two (2) bathrooms and was constructed in 1991 under Building Permit No. 901935. The remainder of the property is vacant of any structures. The applicant proposes to rezone the parcel from the A-20a designation to FA -la in order to pursue a five (5) lot subdivision which will allow for small-scale agricultural and residential uses. If approved, each of the newly created parcels would contain a minimum of one acre. The applicant intends to keep two of the proposed parcels for himself and his family, continuing to live on the lot containing his existing dwelling, and sell the remaining parcels for estate planning purposes. As proposed, access to the newly created lots would be via a new private roadway lot connecting to Kuaaina Road. The rezone exhibit map with the proposed subdivision layout is attached as Figure 3. It is understood that the subdivision plan submitted herein may be adjusted prior to receipt of final subdivision approval to accommodate County subdivision requirements and appropriate conditions of approval. 4 BY vox/ cn inn' 16 3RD. DIST. PLAT 01 Por. of KEAAU, PUNA, HAWAII 10 PLAT 31 SUBJECT PROPERTY PLAT 27 KEAAU AGRICULTURAL F. P. dee, erecordedonamivtocoopPr'Mcoo/ not be cement Please refer lo computercurrent Mowners. aM1 h la FOR PROPERTY ASSESSMENT PURPOSES — SUBJECT TO CHANGE Figure 1: Location TMK (3) 1-7-016:010 1 8 6 0 LOTS" MAPPING BRANCH TAX MAP COUNTY OF HAWAII ZONE SECTION PLAT 7 16 SCALE: 1 IN = 10D N. PRINTED. Hawai'i County Zoning: TMK (3) 1-7-016:010 Hawaii Statewide GIS Program County of Hawaii OpenStreetMap 0 250 500 ft I I I Figure 2 Legend Subject Property n Parcels TMK County Zoning road) A-10a A -la A-20a A-5a OPEN RS-10 RS-15 RS-20 OSM Standard Figure 3 ZONELOT 8992-CA— 2 0 a LOT 28 Z 0 Project J2025-194 LOT 29 2 Z 0 N E R S 2 0LOT1-C WI -7-031-037 REF NORTH ROAD MANUAL ARAUJO. ET AL LOT A CHRISTIAN CHURCH O LOT B KURTISTOWN VILLAGE ow — TO aoso N ooi o Ra. tD-oio Land Use Zone State DesIgraflon: Agricultural Mop no p nea)61175F 9 BOU .0, courses are record per Doc No. A-87040952 PROPOSED MANONG SUBDIVISION LOT 0 EA (Cc.) 1.0991.190 011. 60R. 12011. Site Map of o Proposed Lond Use Rezone And Subdivision. 0f a Portion of R.P. Growl 7223, L.C.Aw. 5500-B Apana 16 10 William C. Lunalilo Situated at Koolau, Puna, Island and County of Hawaii, Hawaii TIAK(s) 1-7-016-o10 VICINITY MAP No scam) DESCRIPTION OF TAX MAP KEY (3) 1-7-016-010 ALL or THAT alrAIN PARCEL OF LAND SITUATE APPROXIMAMY 1,300 FEET WESTER, Of VOLCANO ROAD AT KIAAU. PUNA. ISLAND TO WILLIAM C. LUNALILO, BEING MORE PARTICULARLY DESCRIBED AS OVITNNNInAt7CEAL 14 I0AH PIPEe(IUEALSo OF AN EYISTINO ROAD RESERVE AND POINT OF THE SOUTHER, SIDE OF NORTH ROAD. THE COORDINATES OF SAID POINT OF BEGINNING I. I/O NCH PIPE (SET) 15.ATHENCEN EXISTING ROAD RESERVE to A ALONG EXISTING ROAD RESERVE TO A2INCH PIPE (SET).THENCE: 4. 294 46. 256.15 HP ALONG THE SOUTHERLY SIDE OF NORTH 1Z.,,P,011,014 NOIIIINXD AND CONTAINING AN AREA dib & Associates B. Project Timetable and Cost The applicant hopes to secure County rezoning approval as soon as possible and begin the subdivision process immediately thereafter. Tentatively, plans call for having the land subdivided by the end of 2026. The estimated cost of improvements for this project will be based on the infrastructure required and is estimated to be approximately $100,000.00. The subject parcel is served by the Department of Water Supply with one existing water meter. Consultation with the Department of Water Supply has indicated that additional County water is available to support the four (4) additional lots proposed. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject site is designated as State Land Use Agricultural (Figure 4). The proposed zoning would comply with the State Land Use designation of the parcel. The County of Hawaii can process the rezoning request. B. County General Plan The County General Plan Land Use Pattern Allocation Guide ("LUPAG") map designates the parcel as primarily Low Density Urban (Figure 5). This designation allows for residential, with ancillary community and public uses, and neighborhood and convenience -type commercial uses with an overall residential density of up to six units per acre. This designation is consistent with the proposed FA -la zoning. While the Low Density Urban designation could also be consistent with a higher density, residential zoning, the parcel has adequate soils for agricultural use and thus the proposed Family Agricultural (FA -la) rezoning and subsequent five (5)-lot subdivision would allow for a slightly higher density while still allowing the parcel to remain in the Agricultural State land use district so that it may maintain its agricultural potential. Additionally, it is noted that a small portion of the southeastern corner of the parcel is designated as Urban Expansion. The Urban Expansion designation allows for a mix of high density, medium density, low density, industrial, industrial -commercial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. The proposed project is appropriate within the Urban Expansion designation. Thus, the requested FA -la zoning would be consistent with the property's LUPAG designations and no General Plan amendment would be required to effectuate this project. A discussion of the project's consistency with specific relevant goals, policies and standards of the General Plan follows: 8 State Land Use (SLU) Classification: TMK (3) 1-7-016:010 Hawaii Statewide GIS Program County of Hawaii OpenStreetMap 0 500 1,000 ft I I I Figure 4 Legend Subject Property n Parcels TMK SLU Agricultural Rural Urban 1 OSM Standard Land Use Pattern Allocation Guide (LUPAG): TMK (3) 1-7-016:010 Hawaii Statewide GIS Program County of Hawaii OpenStreetMap 500 1,000 ft I I I Figure 5 Legend Subject Property Parcels TMK LUPAG Important Ag. Lands Extensive Agriculture n Rural Urban Expansion Low Density Urban n Medium Denisty Urban n OSM Standard Economic Elements: 2.2 Goals Provide residents with opportunities to improve their quality oflife through economic development that enhances the County's natural and social environments; Economic development and improvements shall be in balance with the physical, social, and cultural environments ofthe Island ofHawai Environmental Quality Elements: 4.2 Goals Define the most desirable use of land within the County that achieves an ecological balance providing residents and visitors the quality oflife and an environment in which the natural resources of the island are viable and sustainable. Housing Elements: 9.2 Goals Encourage and expand home ownership opportunitiesfor residents. Land Use Elements: 14.1.2 Goals Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, andphysical environments of the County. 14.1.3 Policies Allocate appropriate requested zoning in accordance with the existing or projected needs ofneighborhood, community, region, and County. Encourage the development and maintenance of communities meeting the needs of its residents in balance with thephysical and social environment. 14.1.4 Goals Zoning requests shall be reviewed with respect to General Plan designation, district goals, regionalplans, State Land Use District, compatibility with adjacent zoned uses, availability ofpublic services and utilities, access, andpublic need. 14.2.2 Standards Preserve the agricultural character ofthe island Preserve and enhance opportunitiesfor the expansion ofHawaii's Agricultural Industry. 11 Discussion: The FA -la designation is intended for small-scale agricultural operations associated with residential activities and is thus appropriate for this parcel's Low Density Urban LUPAG designation. While this property is supported by the necessary infrastructure for a higher density urban development, the parcel is within the Agricultural State land use district and the soils on the property are designated by the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system as "Prime" (Figure 6). Thus, the requested FA -la zoning is an appropriate compromise between the General Plan's identification of this property for Low Density Urban use, and the General Plan's goals to preserve agricultural lands and support agricultural industries. Additionally, as the purpose of the rezone is to subdivide the parcel into five (5) parcels, the requested increase in density will provide additional fee simple ownership, housing and small-scale farming opportunities to the applicants' family and to the general public. Additionally, County water is available to support the request from an existing water line and no other extension of utilities would be required to achieve the proposed subdivision. Thus, the project would aid the overall economic use of the area without burdening County or State agencies. Further, this request aligns with the parcel's State Land Use Agricultural designation and, as will be elaborated on in Section C of this report, the request is also in alignment with the Puna Community Development Plan. C. Puna Community Development Plan Community Development Plans are designed to translate and implement the goals, policies, and standards of the General Plan as they apply to specific communities and districts. Additionally, they serve as an important framework for a community's intended outcome and vision and are often used as a forum for community input in terms of land -use, availability of public resources, and overall development. The Puna Community Development Plan (PCDP) was developed through the implementation of the 2005 County of Hawai`i General Plan with a vision for the residents of Puna to "live in harmony with the land, while promoting a sustainable vibrant local economy, healthy community, and a viable transportation system that is accessible, friendly and safe for now and future generations." The proposed change of zone request is also conducive to the following relevant goals outlined in the PCDP: 3.1 Managing Growth Land Use Pattern The quality oflife improves and economic opportunity expands for Puna's residents. 12 Inappropriate and disproportionate County zoning can be adjusted in order to maintain and increase the quality oflife and to preserve valued natural and cultural resources in the district. 3.2 Managing Growth Agriculture and Economic Development Lands for agricultural use are preserved. Quality agricultural land is dedicated to agricultural use in perpetuity. Opportunitiesfor diversified agriculture increase. Puna's agricultural production emphasizes environmentally friendly methods. Discussion: As the majority of the land is currently unused, the proposed zoning would enhance the land by allowing the applicant's the ability to subdivide the parcel and sell the portions of the parcel which they are not using. In so doing, the project will create new housing and small-scale agricultural opportunities. The proposed FA -la zoning would allow for residential and small-scale agricultural operations and would provide an appropriate transition from the residentially (RS- 20) zoned parcels to the south and east and the Agriculturally (A-20a) zoned parcels to the north and west. While the General Plan's Low Density Urban LUPAG designation of the parcel could align with a higher density residential zoning, rezoning the parcel from A-20a to FA -la would keep it within the County's Agricultural district. Additionally, the requested FA -la zoning would allow the parcel to remain in the State Agricultural district and would not require a State Land Use Boundary amendment, thereby maintaining the parcel's potential for small-scale agriculture. D. County Zoning The County zoning of the subject property is Agricultural-20 acres (A-20a) Figure 2). Parcels to the south and east are zoned RS-20. These parcels range in size from approximately 1-acre to approximately 4.5-acres, with the exception of the 5-acre Kurtistown Village parcel which has been divided into 10 CPR units ranging in size from 16,000 square feet to 37,000 square feet. These parcels are primarily developed with single-family dwellings, with one of the parcels immediately east containing the Hilo Korean Christian Church. Parcels to the west are zoned A-20a and primarily range in size from approximately 2-10 acres and contain a mix of agricultural and residential uses. The A-20a zoned Iwasaki Village subdivision, which was developed in the 1930s and contains several 4,700 10,000 square foot residentially developed parcels, is approximately 500 feet west of the subject parcel. To the north is the 302-acre, A-20a zoned Kamehameha School campus parcel. The requested Family Agricultural zoning district provides for a blend of small- scale agricultural operations associated with residential activities and which may be characterized by farm estates, small acreage farms, or subsistence lots. The FA 13 district is intended for areas within the State land Use Agricultural district, where public services and infrastructure are appropriate to support the very low -density residential needs of a rural community and where a substantial number of parcels are less than five acres in size and where a mix of uses will not conflict with or be detrimental to existing agricultural uses in the surrounding area. Thus, the requested FA -la zoning and subsequent 5-lot subdivision request would provide an appropriate transition between the higher density residentially zoned parcels to the east of the subject site and the A-20a-zoned parcels to the west. Further, the requested FA-1 a zoning would be consistent with the parcel's current Agricultural State land use designation and would thus retain the parcel's agricultural potential while also providing additional fee simple family agricultural lots and housing opportunities. If approved, the property would be subdivided in a manner generally meeting with both the Zoning and Subdivision Codes. Notwithstanding the subdivision requirements, all uses and standards consistent with the requested FA -la zone would be adhered to. E. Relationship to SMA Objectives and Policies The site is located approximately 5 miles from the coastline and outside the County Special Management Area (SMA). The entire island falls within the Coastal Zone Management (CZM) Area. Thus, a discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean. It sits approximately 5 miles from the shoreline at an elevation of approximately 600-700 feet. As such, the proposed action should not have any adverse impacts on the area's coastal recreational and marine resources nor have any impacts on beach protection. A formal archaeological study of the property has not been performed. However, the entire parcel has been previously cleared and used for sugar cane cultivation as depicted in an aerial photo of the area taken in 1965 and sugarcane land utilization records, attached here as Figure 7. Sugar cane cultivation is normally associated with extensive disruption of the land and the destruction of any resident historical, floral and faunal resources. Therefore, the likelihood of this action having any impacts on the area's historic resources is very low. Nevertheless, in the event any archaeological features are found during any future earth work, work will stop within the affected area and appropriate clearances from the State DLNR-SHPD and County Planning Department will be secured before work resumes. It is possible that the proposed action may eventually result in the construction of improvements (particularly farm dwellings) in an agricultural setting. However, such development would be consistent with the surrounding area and would not 14 pose any visual impacts to the area's scenic and open space resources. Additionally, due to the site's natural topography, development of the parcel would not interfere with views of Mauna Kea and Mauna Loa. Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located approximately 5 miles from the ocean with an elevation of approximately 600-700 feet. Notwithstanding the distance, the family agricultural nature of the project with the potential creation of only four (4) new parcels is such that any potential coastal ecosystem impacts should be negligible. The proposed action would create the potential for small-scale family agricultural lots in this area. This will provide additional opportunities for small-scale farming and construction of farm dwellings. In so doing, the project could aid the agricultural economy and the overall economic use of this site and the area in general. Because of its distance from the shoreline, the site should not be subject to coastal hazards and the property is located outside of the tsunami evacuation zone. Relative to the managing development objective, this function is more applicable to the "authority" or approving agencies. However, it is noted that the request would operate and be constructed within the scope of the Zoning Code. The subject site would be zoned FA -la, and the requested use and design/parameters (setback, etc.) would be consistent with said zoning. In that regard, the project would be consistent with this policy. Finally, in terms of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the public hearing process required pursuant to the Planning Commission's Rules and County Council's meetings on this application. Notices of this application will become available through the posting of a sign on the property, as well as sending two (2) notices to surrounding property owners, one at the time the application is filed and again, prior to the public hearing. Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205-A-23, HRS. F. Other Permitting Requirements As noted earlier, other approvals and permits would still be required. These would be of the "ministerial" variety, such as Subdivision approval and construction permits. 15 Agricultural Lands of Importance to the State of Hawaii (ALISH): TMK (3) 1-7-016:010 Hawaii Statewide GIS Program County of Hawaii OpenStreetMap 500 1,000 ft I I I Legend Subject Property Parcels TMK ALISH Unclassified 0 Prime Other OSM Standard 1111111111111111111111 Figure 6 Historic Sugarcane Production: TMK (3) 1-7-016:010 Previous sugarcane cultivation on the subject property as demonstrated by a USGS historical aerial photo taken in 1965 and Hawaii State Department of Health sugarcane land utilization records for 1900, 1920, and 1937. Legend Subject Property Historic Sugarcane Lands 1937 1920 1900 OSM Standard jSstiifi?::-: 0 0.5 1 mi Hawaii Statewide GIS Program County of Hawaii OpenStreetMap Figure 7 United States Geological Survey (USGS) United States Department of Agriculture (USDA) National Oceanic and Atmospheric Administration (NOAA) V. ENVIRONMENTAL CONSIDERATIONS A. General Description The subject property is a trapezoid shape and consists of 5.79-acres of land. It is accessed from Kuaaina Road, a County owned and maintained paved roadway with a 30-foot right-of-way. The existing driveway to the property is from Kuaaina Road, approximately 1,250 feet west of its intersection with Volcano Road. The parcel contains one (1) single-family dwelling in which the applicant resides. According to Real Property Tax Records, the dwelling consists of 1,480 square feet and contains three (3) bedrooms and two (2) bathrooms and was constructed in 1991 under Building Permit Nos 901935. The majority of the remaining property has been previously cleared but is currently overgrown, with the exception of the area around the existing dwelling, which the landowners have planted with a variety of fruit trees. The site is situated at the 600-700 foot elevation level with a gradually declining elevation in a mauka to makai direction. There does not appear to be any topographic constraint in developing and utilizing the site for five (5) 1-acre parcels. The annual median rainfall for this area is approximately 160-190 inches. The average daily temperature is approximately 75 degrees Fahrenheit. In general, prevailing winds blow from the east. B. Soils and Topography According to the Natural Resource Conservation Service's Land Study Bureau Overall Master Productivity Rating, the site is classified as approximately half D", or "poor", soils and approximately half "C", or "fair", soils (Figure 8). The soil for the subject site is classified by the USDA Natural Resources Conservation Service as Panaewa very cobbly hydrous loam with 2 to 10 percent slopes. The soil is derived from ash fields on pahoehoe lava flows. It is considered moderately well drained with a high runoff class. The soil on site is not considered prime farmland by the NRCS. However, according to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the site is classified as "Prime" (Figure 6). As noted earlier, the topography of the site slopes slightly downward in south to north direction. 18 Land Study Bureau Overall Master Productivity Rating: TMK (3) 1-7-016:010 Hawaii Statewide GIS Program County of Hawaii OpenStreetMap 500 1,000 ft I I I Figure 8 Legend Subject Property Parcels TMK LSB Soil Classification Very Poor Poor Fair OSM Standard C. Natural Hazards 1. Drainage The Federal Emergency Management Agency (FEMA) Flood Insurance Rate map (FIRM) identifies the project area as Zone "X" (areas outside of the 500-year flood) (Figure 9). There are no identified existing drainage ways on the site. The applicant has not observed any significant runoff or erosion in the recent past on the subject site. Pursuant to County drainage requirements, appropriate drywell and/or similar means to capture runoff from any future improvements will be built, if necessary, in conjunction with the appropriate permitting process. 2. Volcanic, Earthquake and Tsunami Hazards According to the United States Geological Survey maps, the project site is located within Lava Flow Hazard Zone 3, on a scale of ascending risks 9 to 1. All of Keaau and Mountain View fall within the Zone 3 category. The Building Code designates the entire island of Hawai'i Earthquake Zone "D" and contains certain structural requirements to address the relative seismic hazard. Any future structures would have to comply with these standards. The subject site is located at 600-700 feet of elevation and is outside of the Civil Defense's Tsunami Evacuation Zone. D. Flora/Fauna Although there were no professional surveys conducted ofthe floral or faunal resources of the site, the applicant does not believe that rare or endangered floral or faunal resources are likely to be found within the subject site given its prior use for sugar cane cultivation. In addition to the fruit trees planted on the property, vegetation on the property includes albizia, gunpowder tree, Strawberry guava, philodendron, elephant grass, torch ginger, and other introduced shrubs and grasses. Further, the suburban nature of the surrounding areas would make it less likely to find endangered animal life in this area. It would be possible, however, to find the Island -wide ranging Hawaiian Hawk (Po), Hawaiian Owl (Pueo), and the Hawaiian Hoary Bat on site. Best management practices will be employed to avoid adverse effects to these species such as not using barbed wire fencing and avoiding trimming and removal of certain vegetation during bat and hawk breeding seasons. 20 National Flood Hazard Zone: TMK (3) 1-7-016:010 Hawaii Statewide GIS Program County of Hawaii OpenStreetMap 0 500 1,000 ft I I I Figure 9 Legend Subject Property Parcels TMK Flood Hazard X OSM Standard In addition, introduced bird species (such as dove, Japanese White -eye, house finch, myna) are commonly found in this area. As are domestic animals such as cats and dogs, and other animals like pigs, rats and mongoose. These are all common and not endangered. As such, it is unlikely that the proposed change of zone would cause any adverse floral or faunal impacts. Proper timing of any future land clearing will mitigate any potential impacts to sensitive native fauna. E. Historic/Cultural/Archaeological Resources A formal archaeological study of the property has not been performed. However, the entire parcel has been previously cleared and used for sugar cane cultivation as depicted in an aerial photo of the area taken in 1965 and sugarcane land utilization records, attached here as Figure 7. Sugar cane cultivation is normally associated with extensive disruption of the land and the destruction of any resident historical, floral and faunal resources. Therefore, the likelihood of this parcel containing any historic or archaeological resources is low. While no ground disturbance is planned in conjunction with the proposed rezoning, approval of this request will allow the applicant to pursue subdividing the property which will require infrastructure improvements (i.e. roads, water lines, etc.). Additionally, should the rezone and subdivision be successful, future property owners may eventually pursue construction of a new single-family farm dwelling on the newly created lots. In the unlikely event that any archaeological features are found during any future earth disturbance activity, work will stop within the affected area and appropriate clearances from the State DLNR-HPD and County Planning Department will be secured before work resumes. F. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0 Ka Aina decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion on the cultural, historical and natural resources, as well as the associated traditional and customary practices of this site. In this situation, the subject site is not adjacent to the shoreline. The subject parcel is approximately 5-miles from the nearest coastline. As such, gathering of marine life and coastal access is not an issue. As mentioned previously, the subject property is across North Road from the 302- acre Kamehameha Schools campus. The mission of Kamehameha Schools is to create educational opportunities in perpetuity to improve the capability and well- being of people of Hawaiian ancestry. The proposed change of zone will not impact the ongoing school operations. 22 It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by Native Hawaiians. This area has a long history ofuse for sugar cane cultivation and the applicant has not observed any Native Hawaiian gathering plants in the area. Thus, it would appear unlikely that the site would serve such a purpose today. In the event that legitimate gathering claims are made by Native Hawaiians, the applicant intends to respect and honor such claims and provide the legal and needed access within the site. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. G. Water and Coastal Resources The subject site is located approximately 5-miles from the coastline and sits at an approximately 600-700-foot elevation. As such, coastal impacts resulting from the discharge of wastewater systems from the site should not be significant. Further, being a non -coastal property, no coastal access will be affected. Any potential future dwellings will be served by Individual Wastewater Systems meeting with the approval of the State Department of Health. Increased impervious areas from driveways and structures will potentially contribute to a modest increase of runoff from the subject property. County drainage requirements, appropriate drywell and/or similar means to capture runoff from any improvements will be built, if necessary, in conjunction with the appropriate permitting process. H. Noise, Air Quality, and Dust The existing ambient traffic level in this area will not be significantly impacted with the addition of 4 parcels. Traffic noise from Volcano Road, approximately 1,250 feet east of the property will remain the dominant source of traffic noise. As such, the corresponding noise level should remain the same. There may, however, be short-term noise and air quality impacts associated with necessary infrastructure improvements as well as the possibility of eventual construction of farm dwellings. In that event, contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Health. The proposed development should not generate any direct long-term air quality impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site. While there may be an impact to the ambient air quality, the impact should not be significant. Especially considering higher 23 EPA standards for automobile air emissions, the air quality impact should be negligible. As such, with the exception of construction dust associated with any potential development of the properties, long term dust generated by the project should be minimal. L Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site and the proposed action will not affect any of the scenic resources outlined in the General Plan and will not impact view planes of Mauna Loa or Mauna Kea from Volcano Road. Additionally, views from neighboring properties will not change significantly from their present state. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses With the exception of Kamehameha Schools to the north and a church to the east, use of the general area is primarily residential and agricultural and parcels in the area range in size from approximately 4,700 square feet to 10 acres. Adjacent properties to the north and west are zoned A-20a and adjacent parcels to the south and east are zoned RS-20. Given the existing and zoned conditions, the proposed rezoning, resulting in the potential to create four (4) additional approximately 1-acre lots, each with the potential to house a farm dwelling, would be consistent with the existing residential/agricultural nature of this area. B. Economic Impacts The requested zoning would have some measure of economic impact as it would result in the addition of four (4) new fee -simple parcels and would thus increase housing options and increase the possibility for small-scale agricultural pursuits. Additionally, the project has the potential to create some short-term economic benefits during construction of infrastructure and other potential site improvements which would result in construction jobs and purchases from local suppliers (i.e. gas stations, convenience stores, area businesses, etc). Thus, the project could aid the general economy and the overall economic use of the site and the surrounding area. 24 C. Agricultural Impacts The site has a primary LUPAG designation of Low Density Urban with a small portion designated as Urban Expansion. The parcel has not had any recent intensive agricultural uses. Although a higher residential -type zoning could be achieved under the LUPAG designation, the soil quality of the site is appropriate for agricultural uses, and thus the proposed FA -la zoning will provide for a slightly increased density while still maintaining the property's agricultural potential for small-scale family agricultural pursuits. VII. INFRASTRUCTURAL CONSIDERATIONS A. Road Access to the project would be from Kuaaina Road, a County owned and maintained paved roadway with 30-foot right-of-way. A Traffic Impact Analysis has not been performed in conjunction with this request. However, the project proposes an increase of only for (4) lots. Thus, traffic impacts should be negligible. B. Water Consultation with the Department of Water Supply confirmed that there is currently water service available to the subject property provided by a 5/8" meter and that County water service is available to support the proposed subdivision. C. Wastewater Any future dwellings will be served by individual wastewater systems approved by the Department of Health. D. Solid Waste Solid waste will be handled by the individual lot owners and disposed of at transfer stations. With the requested FA -la zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. E. Other Government Services All necessary public facilities are located reasonably proximate to the subject site and no extension of government services would be required. There is a Fire Station, Police Station, Public Schools, Library, health clinic and gas stations all located within 2 - 2.5 miles of the subject site. As such, the project should not result in the extension of any government services. 25 F. Other Utilities All other utilities such as telephone and electrical services are available to the site. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short -Term Uses of Environment and Maintenance and Enhancement of Long -Term Productivity If the request were denied, the short-term use of the area of the parcel would probably continue in its current largely unused condition. The applicants might continue to live in the existing dwelling, but properly caring for or utilizing the remainder of the property as they age would be a challenge. Additionally, they would not be able to give a portion of the property to their children or sell portions of the property to meet their estate planning needs. From a long-term productivity standpoint, the proposed change of zone and subsequent subdivision would provide a heightened level of possibility for the applicants, allowing them to retain a portion of the property for their family and continue to live in their dwelling. Additionally, the opportunity to create and sell portions ofthe property as fee -simple lots would allow the applicants to more comfortably manage their estate while also providing others with small-scale agricultural and residential opportunities. B. Irreversible and Irretrievable Commitment of Resources The proposed action will not involve an irrevocable commitment, loss, or destruction of any natural, cultural, or historic resources. Any future earthwork will closely follow all mitigating measures and Best Management Practices to minimize impacts to natural resources. As mentioned previously, a formal archaeological study of the property has not been performed. However, the entire parcel has been previously cleared and used for sugar cane cultivation as depicted in Figure 7. Sugar cane cultivation is normally associated with extensive disruption of the land and the destruction of any resident historical, floral and faunal resources. Therefore, the likelihood of this action having any impacts on the area's historic resources is very low. Nevertheless, in the event any archaeological features are found during any future earth work, work will stop within the affected area and appropriate clearances from the State DLNR-SHPD and County Planning Department will be secured before work resumes. Further, the subject property is not a shoreline parcel and will therefore have no impact on public access to or along the shoreline. 26 Finally, while the change of zone request will allow for the proposed 5-lot subdivision, the request will maintain the Agricultural designation of the parcel and retain its agricultural potential for small-scale agricultural uses which are consistent with nearby residential and agricultural uses. Therefore, a change from A-20a to FA -la zoning would not result in an irreversible commitment of resources, but rather allow for a small-scale subdivision which will provide additional opportunity for more productive small-scale family agricultural uses. C. Mitigative Measures Upon approval of the rezone, the applicants intend to make improvements, if required, generally consistent with the subdivision process. Additionally, once subdivided, it will be possible for the individual lot owners to pursue construction of a single-family farm dwelling on the newly created lots. During any construction phases, contractors will be obligated to comply with appropriate State noise and air quality standards as well as adhere to Best Management Practices. In the event any archaeological features are found during any future earth disturbance activity, work will stop within the affected area and appropriate clearances from the State DLNR-HPD and County Planning Department will be secured before work resumes. If needed, an archaeological monitoring program can be instituted during any land clearing activity. There is no existing drainage way on the property. Any and all required grading or grubbing work would be done in accordance with applicable regulations. This is to assure that the development of this site does not adversely affect the drainage of surrounding properties. Additionally, pursuant to county drainage requirements, appropriate drywell and/or similar means to capture runoff from any improvements will be built, if necessary, in conjunction with the appropriate permitting process. Finally, there will be no person or businesses to be relocated by this project. D. Alternatives to the Proposed Project 1. No Proiect Under the status quo alternative, the site would likely continue in its present state. The landowners would not be able to divide the property to provide additional housing opportunities to their children, as well as the general public, and the applicants would have a difficult time managing the entirety of the property as they age. 27 2. Alternative Density Given that the property is designated as Low Density Urban on the County's LUPAG map, the applicants could seek a denser residential zoning, such as RS-20. Such zoning would be consistent with the Low Density Urban designation, adjacent RS-20 zoning and surrounding residential uses. However, this alternative would require a State Land Use Boundary amendment to reclassify the parcel from Agricultural to Urban. This would not be ideal given that the property contains adequate soils for agricultural use. Thus, the requested FA -la zoning would be more reasonable as it will allow for an increase in density while still maintaining the land for small- scale agricultural uses. A lower density FA-2a zoning could also be sought. However, such zoning would only permit the creation of one (1) additional lot. Given that the purpose of the proposed subdivision is to keep some of the parcels for their family and to sell some of the parcels for estate planning purposes, and that the existing infrastructure is adequate to support the proposed five 5) lot subdivision, FA-2a zoning would not be ideal. 3. Evaluation of Alternatives The necessary infrastructure and services are available to support the proposed FA -la rezoning and subsequent 5-lot subdivision and the proj ect's impact to the area's social and physical infrastructure would not be pronounced. Rather, approval of the request will enable the applicants to share the property with their family as well as to sell some of the parcels, allowing them the possibility to comfortably remain in their home. Certain mitigative measures can be taken to address any possible impacts associated with the development of this project. Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. In view of the aforementioned, it would appear that none of the alternatives would be more sensible and beneficial than the requested FA - la alternative. IX. REGULATORY ANALYSIS A. General Plan LUPAG Map The General Plan provides for the long-range comprehensive development of the island of Hawai'i. It provides direction for balanced growth in the County. The LUPAG map designates the site as primarily Low -Density Urban with some 28 Urban Expansion (Figure 5). These designations allow the requested FA -la zoning without a General Plan amendment. B. General Plan Polices The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. For one, it will provide an economic opportunity for a local family to remain in their dwelling, provide an opportunity for their children to construct their own farm dwellings, and to sell some of the land in order to properly manage their estate in retirement. Additional economic opportunities are also likely from increased employment options created by construction of any improvements required by the subdivision and later construction of farm dwellings. Further, through payment of fair share contributions and increased property taxes the resultant project should add revenues to the County and State coffers. The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of the sun and wind patterns. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) areas of environmental concerns - air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not violate any of those objectives. Aside from the very limited vehicular transmission, air pollution associated with the project should be negligible. All wastewater would be handled by Department of Health approved Individual Wastewater Systems. This should be sufficient to address any potential groundwater or coastal water impacts. If required, while not necessary for a project of this nature and size, a solid waste management plan could be prepared and implemented. The project will also be minimal in noise, except what may be associated with construction ofthe necessary infrastructure and initial construction of potential farm dwellings. The project site is outside the boundaries of a flood way. No significant changes in the surface runoff generated by this development are anticipated. A formal archaeological study of the property has not been performed. However, the entire parcel has been previously cleared and used for sugar cane cultivation as depicted in an aerial photo of the area taken in 1965, attached here as Figure 7. Sugar cane cultivation is normally associated with extensive disruption of the land and the destruction of any resident historical, floral and faunal resources. Therefore, the likelihood of this action having any impacts on the area's historic 29 resources is very low. Nevertheless, in the event any archaeological features are found during any future earth work, work will stop within the affected area and appropriate clearances from the State DLNR-SHPD and County Planning Department will be secured before work resumes. Further, the suburban nature of the surrounding areas would make it less likely to find endangered animal life in this area. It would be possible, however, to find the Island -wide ranging Hawaiian Hawk (Po), Hawaiian Owl (Pueo), and the Hawaiian Hoary Bat on site. Best management practices will be employed to avoid adverse effects to these species such as not using barbed wire fencing and avoiding trimming and removal of certain vegetation during bat and hawk breeding seasons. The proposed FA -la zoning will help fulfill the objectives of the housing element by creating four (4) additional lots, each with the potential for construction of a farm dwelling. The General Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project — with the protective conditions — will be used in a manner where it blends with the existing terrain. As the project site is approximately 5 miles from the ocean and at an elevation of 600-700 feet, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Further, through the use of DOH approved Individual Wastewater Systems, impacts to the coastal water will be minimized. There will be minimal impact to public facilities. The Department of Water Supply water line exists to the site and additional water can be made available with limited improvements. Additionally, vehicular access to the site is via Kuaaina Road, a County owned and maintained roadway with sufficient access for emergency vehicles. Schools and other public facilities are also located proximate to the site, most of them being less than 2.5 miles away. Finally, in terms of the Land Use and Housing elements, the pertinent goals, policies, and standards of the General Plan note the following: Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County Land Use Element) Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region, and County. (Land Use Element) 30 Encourage the development and maintenance of communities meeting the needs ofits residents in balance with the physical and social environment. Land Use Element) Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. In view of the foregoing goals and policies, it is noted that the requested zoning would be generally compatible with the surrounding area. As the cost of living continues to rise, there is a need for more family agriculture zoned lands to promote the ability of local families to remain and build on their family land. The subject request reflects this demand. The purpose of the rezone is to create additional parcels, with the intent of retaining two of the parcels for the applicants' family and selling the other parcels as fee simple lots which will provide additional housing and small-scale farming opportunities to the future owners. Additionally, the FA -la designation is intended for small-scale agricultural operations associated with residential activities and is thus appropriate for this parcel's Low Density Urban and Urban Expansion LUPAG designations. Furthermore, the subject property is already adjacent to several other 1 to 2-acre parcels, making the proposed rezoning appropriate in this area of Kea'au and compatible with surrounding land uses. Further, this request is in alignment with the parcel's State Land Use Agricultural designation and. C. Puna Community Development Plan The Puna Community Development Plan (PCDP) attempts to further define the General Plan and serves as a guide for decision -makers. The proposed FA -la zoning would provide an appropriate transition between the smaller residential zoning to the south and east of the subject parcel and the larger agricultural zoning to the north and west of the subject parcel. Additional information pertaining to how this application conforms to the policies and standards of the PCDP is provided in Section IV.0 of this report. D. Zoning and Subdivision The current zoning of the site is A-20a. Should the FA -la zoning be approved, the requirements of the zoning and subdivision codes would generally be complied with, including use and related development standards. These include the possible incorporation of appropriate restrictive covenants relating to density, use, and design restrictions. 31 E. State Land Use Agricultural Standards The State Land Use Designation is Agricultural. The requested rezoning to FA -la would not be contrary to the State Land Use Standards. X. CONCLUSION Based on the consistency of the proposed change of zone request with the County's land use policies, approval of this request would be logical and reasonable. In addition, the request will provide land ownership and housing opportunities to the applicants and their children, assist them with estate planning and help generate additional property tax revenue and fair share contributions for the County. Lastly, the requested density is consistent with the surrounding area and properties. The alternative of leaving the land in its present zoning would not be a reasonable option and would limit its highest and best use. While other zonings of a residential and/or agricultural nature could be achieved, the requested FA -la zoning is the most sensible. 32 TMK # Zoning Parcel Size (Square Feet) Can the Lot be Subdivided? # of Lots that can be Created by Subdivision Rezone Ordinance # Condition Status- Active/Expired Time Remaining to Perform Condition 170160100000 A-20a 252,212 Square Feet No N/A N/A N/A N/A 170310160000 A-20a 201,857 Square Feet No N/A N/A N/A N/A 170310170000 A-20a 435,600 Square Feet No N/A N/A N/A N/A 170310390000 RS-20 39,988 Square Feet No N/A N/A N/A N/A 170310400000 RS-20 126,977 Square Feet Yes 6 N/A N/A N/A 170310410000 RS-20 160,257 Square Feet Yes 8 N/A N/A N/A 170160370000 RS-20 42,297 Square Feet Yes 2 N/A N/A N/A 170160480000 RS-20 95,048 Square Feet Yes 4 N/A N/A N/A 170280200000 A-20a 9,068 Square Feet No N/A N/A N/A N/A 170280210000 A-20a 5,044 Square Feet No N/A N/A N/A N/A 170280220000 A-20a 5,044 Square Feet No N/A N/A N/A N/A 170280230000 A-20a 9,099 Square Feet No N/A N/A N/A N/A 170280240000 A-20a 9,068 Square Feet No N/A N/A N/A N/A 170280250000 A-20a 5,044 Square Feet No N/A N/A N/A N/A 170280260000 A-20a 5,044 Square Feet No N/A N/A N/A N/A 170280080000 A-20a 3,833 Square Feet No N/A N/A N/A N/A 170310290000 A-20a 80,586 Square Feet No N/A N/A N/A N/A 170310300000 A-20a 80,586 Square Feet No N/A N/A N/A N/A 170310320000 A-20a 131,290 Square Feet No N/A N/A N/A N/A 170310330000 A-20a 134,165 Square Feet No N/A N/A N/A N/A 170310350000 RS-20 91,679 Square Feet Yes 4 N/A N/A N/A 170310360000 RS-20 42,031 Square Feet Yes 2 N/A N/A N/A 170310370000 RS-20 40,568 Square Feet Yes 2 N/A N/A N/A 170310380000 RS-20 43,560 Square Feet Yes 2 N/A N/A N/A 170310030000 A-20a 269,636 Square Feet No N/A N/A N/A N/A 170280370000 A-20a 5,308 Square Feet No N/A N/A N/A N/A 170280170000 A-20a 4,700 Square Feet No N/A N/A N/A N/A 170280050000 A-20a 8,351 Square Feet No N/A N/A N/A N/A 170280110000 A-20a 4,700 Square Feet No N/A N/A N/A N/A 170280120000 A-20a 4,700 Square Feet No N/A N/A N/A N/A 170280130000 A-20a 4,652 Sqaure Feet No N/A N/A N/A N/A 170280140000 A-20a 7,498 Square Feet No N/A N/A N/A N/A 170280150000 A-20a 5,761 Square Feet No N/A N/A N/A N/A 170280160000 A-20a 4,700 Square Feet No N/A N/A N/A N/A 170310020000 A-20a 217,844 Square Feet No N/A N/A N/A N/A 170280090000 A-20a 4,700 Square Feet No N/A N/A N/A N/A 170280100000 A-20a 4,700 Square Feet No N/A N/A N/A N/A 170280410000 A-20a 6,214 Square Feet No N/A N/A N/A N/A 170280420000 A-20a 5,308 Square Feet No N/A N/A N/A N/A 170280430000 A-20a 6,213 Square Feet No N/A N/A N/A N/A 170160150000 RS-20 16,366 Square Feet No N/A N/A N/A N/A 170160160000 RS-20 20,073 Square Feet No N/A N/A N/A N/A 170280380000 A-20a 5,308 Square Feet No N/A N/A N/A N/A 170280390000 A-20a 5,308 Square Feet No N/A N/A N/A N/A 170280400000 A-20a 5,308 Square Feet No N/A N/A N/A N/A 170160040000 RS-20 42,576 Square Feet Yes 2 N/A N/A N/A 170160050000 ROADWAY 6,098 Square Feet No N/A N/A N/A N/A 170160540000 RS-20 18,951 Square Feet No N/A N/A N/A N/A 170160080000 RS-20 218,105 Square Feet Yes 10 N/A N/A N/A 170160120000 RS-20 39,473 Square Feet No N/A N/A N/A N/A 170160130000 RS-20 18,318 Square Feet No N/A N/A N/A N/A 170160140000 RS-20 16,253 Square Feet No N/A N/A N/A N/A 170310280000 A-20a 427,411 Square Feet No N/A N/A N/A N/A 170310010000 A-20a 217,844 Square Feet No N/A N/A N/A N/A 170280440000 A-20a 5,308 Square Feet No N/A N/A N/A N/A 170280450000 A-20a 4,632 Square Feet No N/A N/A N/A N/A 170280460000 A-20a 7,501 Square Feet No N/A N/A N/A N/A 170280470000 A-20a 4,680 Square Feet No N/A N/A N/A N/A 170280480000 A-20a 30,690 Square Feet No N/A N/A N/A N/A 170280060000 A-20a 8,764 Square Feet No N/A N/A N/A N/A 170280070000 A-20a 10,276 Square Feet No N/A N/A N/A N/A 170160060000 RS-20 18,952 Square Feet No N/A N/A N/A N/A 170280010000 A-20a 8,323 Square Feet No N/A N/A N/A N/A 170280180000 A-20a 4,652 Square Feet No N/A N/A N/A N/A 170280190000 A-20a 9,071 Square Feet No N/A N/A N/A N/A 170160520000 RS-20 21,957 Square Feet No N/A N/A N/A N/A 170160530000 RS-20 43,562 Square Feet Yes 2 N/A N/A N/A 170171540000 ROADWAY 310,147 Square Feet No N/A N/A N/A N/A 170280320000 A-20a 5,308 Square Feet No N/A N/A N/A N/A 170280340000 A-20a 5,308 Square Feet No N/A N/A N/A N/A 170280350000 A-20a 5,308 Square Feet No N/A N/A N/A N/A 170280360000 A-20a 10,615 Square Feet No N/A N/A N/A N/A 170160330000 RS-20 92,652 Square Feet Yes 4 N/A N/A N/A 170160560000 RS-20 133,555 Square Feet Yes 6 N/A N/A N/A 170171550000 ROADWAY 102,105 Square Feet No N/A N/A N/A N/A 170160090000 RS-20 160,954 Square Feet Yes 8 N/A N/A N/A 170310310000 A-20a 420,354 Square Feet No N/A N/A N/A N/A 170160410000 RS-20 193,319 Square Feet Yes 9 N/A N/A N/A 160030120000 A-20a 13,155,120 Square Feet Yes 15 N/A N/A N/A 170160360000 RS-20 97,531 Square Feet Yes 4 N/A N/A N/A 170160080001 RS-20 218,105 Square Feet Yes 10 N/A N/A N/A 170160080002 RS-20 218,105 Square Feet Yes 10 N/A N/A N/A 170160080003 RS-20 218,105 Square Feet Yes 10 N/A N/A N/A 170160080004 RS-20 218,105 Square Feet Yes 10 N/A N/A N/A 170160080005 RS-20 218,105 Square Feet Yes 10 N/A N/A N/A 170160080006 RS-20 218,105 Square Feet Yes 10 N/A N/A N/A 170160080007 RS-20 218,105 Square Feet Yes 10 N/A N/A N/A 170160080008 RS-20 218,105 Square Feet Yes 10 N/A N/A N/A 170160080009 RS-20 218,105 Square Feet Yes 10 N/A N/A N/A RECORDATION REQUESTED BY: AFTER RECORDATION, RETURN TO: Carllmllh, Carllfflfth, Wichman & Case P.O.lkl&881 HUo. Hawaii 1872() RETURN BY: MAIL ( I) PICKUP ( C-tep 83-131084 • .. •. : • ht,'li f,l! � /.·: ·.: ·:.:.:-:· ·11,'l1.,[S ·�·.,.OH OED 83NuVi\ A\O: 4817466 710 SPACE ABOVE THIS LINE FOR REGISTRAR'S USE GRANT OF EASEMENT KNOW ALL MEN BY THESE PRESENTS: That HILDA YOEMAN, Guardian of CARLOS BARROZA, married, hereinafter called the "Granter", in consideration of the sum of One Dollar ($1.00) and other valuable consideration paid to her by PUNA SUGAR COMPANY, LIMITED, a Hawaii corporation, whose principal place of business is 700 Bishop Street, Honolulu, Hawaii 96813, and whose post office address is P. o. Box 3230, Honolulu, Hawaii 96801, hereinafter called the "Grantee", the receipt of which is hereby acknowledged, does hereby grant and convey unto the Grantee, its successors and assigns, a nonexclusive easement for access and utility purposes over, across, along and upon that certain parcel of land, as more fully described in Exhibit "A" attached hereto and made a part hereof, being a portion of the land designated in the Third Taxation Division of the State of Hawaii by Tax Map Key No. 1-7-16-10; with the right to enter upon the Property for the purpose of installing utility lines and pipelines, an6 constructing, maintainin� and repairing a road or street thereon, and to dig below the surface of the Property for these purposes, and to otherwise fully utilize the Property for access and utility purposes. RECORDATION REQUESTED BY: AFTER RECORDATION, RETURN TO: All',/,. fo...t.• -t--kwcu.i.-' , �w.- -C1,-ttv, : M� �eOllJl\1 .• '?4'?-�lll RETURN BY: MAIL ( ) PICKUP ( ) CORRECTION.GRANT OF EASEMENT ·KNOW.ALL MEN BY THESE'PRE_5ENTS: WHEREAS, by Grant of.Easement dated November 14, 1983, Hilda Yoeman, Guardian of Carlos Barroza, married, granted and _con_veyed unto PUNA SUGAR COMPANY, LIMITED, a Hawaii corporation, •'!±at certain nonexclusive easement for. access and • utility purposes over, across·, along and upon that certain parcel of land as more particularly described in Exhibit "A0 attached thereto, �ecorded in the Bureau of Conveyances of the State of Hawaii-in­ Liber 17466, Page 710i and WHEREAS, on February 21, 1984, Hilda Yoeman, Guardian over the property of Carlos Barraza, executed and delivered to WILLIAM E. SMITH and· RHODA MAY SMITH, husband and wife, hereinafter called nsmiths", a Warranty Deed covering a parcel of land located in Keaau, Puna, Hawaii, subject to the aforesaid grant of easement in favor of PUNA SUGAR COMPANY, LIMITED, hereinafter called 0Puna Sugar0 , recorded in said Bureau in Liber 17685 , Page 518 i and WHEREAS, a survey now discloses that the area set forth in the Grant of Easement dated November 14, 1983, recorded in said Bureau in Liber 17466, Page 710, and as mentioned in the Warranty Deed dated February 21, 1984, recorded in said Bureau in Liber 17685 , Page 518 , is in error, and that the correct TO: FROM: DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAl'I 345 KEKLJANAO'A STREET, SUITE 20 • HILO, HAWAl'I 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 Mr. Jeffrey Darrow, Director Planning Department November 26, 2025 Keith K. Okamoto, Manager-Chief Engineer GOH PLANNING [�tJJT DEC 2 2025 Ar-?:5� SUBJECT: Change of Zone Application (PL-REZ-2025-000093) Applicant: Benjamin and Olimpia Love Request: Agricultural-20 Acres (A-20a) to Family Agriculture-I Acre (FA-la) for a 5. 79 Acre Parcel Tax Map Key (3) 1-7-016:010 We have reviewed the subject application and have the following comments and conditions. Please be informed there is an existing 5/8-inch meter serving the subject parcel, which is limited to an average daily usage of 400 gallons and suitable for only one (1) single-family dwelling. Water can be made available from the end of an existing 6-inch waterline within Kuaaina Road, fronting the subject parcel, in accordance with the Department's existing water availability conditions, which are subject to change without notice. Therefore, pursuant to Rule 5 of the Department's Rules and Regulations, a copy of which is being forwarded to the applicant, a water commitment may be issued. Based on the additional four (4) units of water requested in the proposed 5-lot development, the required water commitment deposit is $600.00. Remittance by the applicant of the deposit is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially issued, water availability is subject to change without notice, depending on the water situation. For the applicant's information, final subdivision approval will be subject to compliance with the following requirements: 1.Construct necessary water system improvements, which shall include, but not be limited to: a.installation of approximately 670 lineal feet of 6-inch waterline along the proposed road lot from the6-inch waterline within Kuaaina Road to front the proposed lot 1. The 6-inch waterline is required forboth domestic water service and fire protection, b.existing service laterals must be cut and plugged at the main and relocated to the appropriate lot, c.installation of service laterals that will accommodate a 5/8-inch meter to front each additional lot, d.fire hydrants spaced no more than 600 feet apart and within 300 feet of the driveway or access foreach lot. On dead-end streets, the last fire hydrant shall be located at one-half the distance from thelast house, or unit, fronting the property line, or to the driveway or access for the property, and ... Water, Our ?vlost Precious 1?.§source ... 1(a Wai)l 1(ane ... The Department of Water Supply is an Equal Opportunity provider and employer. Mr. Jeffrey Darrow,Director Page 2 November 26,2025 e. 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,registered in the State of Hawai`i, showing the above improvements for review and approval. 2.Remit the prevailing facilities charge,which is subject to change,as shown below: FACILITIES CHARGE(FC): 1 existing service 0.00 4 additional units(a, $6,095.00/unit 24,380.00 Total FC 24,380.00 This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. For your information,water commitment deposits are credited towards the final facilities requirement for the development. Note that the amount of water commitment deposit may exceed the prevailing facilities charge amount;for example,when requests for time extensions continue and are approved.Until the development is finally completed,these are separate and unrelated items.In the event that water commitment deposits exceed the facilities charge,no refunds are applicable. 3.Submit the appropriate documents,properly prepared and executed,to convey the water system improvements and necessary easements to the Water Board of the County of Hawai`i prior to final subdivision approval being granted.A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents.However,prior to water meter services being granted to the development,or any lots within,the conveyance documents shall be accepted by the Water Board. 4.Comply with all other applicable policies and requirements of the Department's Rules and Regulations. Noncompliance may be cause for voiding this water commitment,at which time availability will be subject to change in accordance with prevailing water system conditions,policies,and Rules and Regulations. Should there be any questions,please contact Mr.Michael Mori of our Water Resources and Planning Branch at 808)961-8070,extension 257. Sincerely yours, IMAPAA4AkD Keith K.Okamoto, P.E. Manager-Chief Engineer MM:dfg copy— Mr. Benjamin and Ms.Olimpia Love Mr.John Pipan,Land Planning Hawaii LLC From:Cook, Amy A To:Camero, Tracie-Lee Cc:Jackson, Maija; Kay, ChristianSubject:Re: Road Status Confirmation – TMK (3) 1-7-016:010 Date:Monday, September 15, 2025 8:24:39 AM Attachments:image001.png Aloha Tracie-Lee, This section of Kuaaina is county maintained. It becomes private at the intersection with Iwasaki Camp Road. North Road is entirely privately owned. The connection shown between North Road and Kuaaina shown appears to be an undeveloped county ROW. -Amy From: Camero, Tracie-Lee <Tracie-Lee.Camero@hawaiicounty.gov> Sent: Tuesday, September 9, 2025 11:27 AM To: Cook, Amy A <AmyA.Cook@hawaiicounty.gov> Cc: Jackson, Maija <Maija.Jackson@hawaiicounty.gov>; Kay, Christian <Christian.Kay@hawaiicounty.gov> Subject: Road Status Confirmation – TMK (3) 1-7-016:010 Hi Amy, I am currently reviewing a Change of Zone application for TMK (3) 1-7-016:010. The applicant is proposing access for a proposed five lot subdivision once the change of zone is approved, from Kuaaina Road; however, I also noticed that North Road appears on the map to the north of the subject property. Could you please confirm whether Kuaaina Road and North Road are County- maintained roads or are they Roadways in Limbo? Thank you for your assistance, Sincerely, Tracie-Lee Camero Planner V County of Hawaii Planning Department Phone: (808) 961-8166 1/30/26, 7:30 AM FW: Road Status Confirmation -TMK (3) 1-7-016:010 -Camero, Tracie-Lee -Outlook Outlook FW: Road Status Confirmation - TMK (3) 1-7-016:010 From Cook, Amy A <AmyA.Cook@hawaiicounty.gov> Date Thu 1/29/2026 12:14 PM To Camero, Tracie-Lee <Tracie-Lee.Camero@hawaiicounty.gov> Aloha Tracie-Lee, The "paper'' road lot in question does not appear to be a public ROW. It may have been set aside with that intent at the time but ownership was never transferred to the county. Because the owner listed on the deed no longer exists, it's unclear who the current owner, if any, is. Thank you to you and to Jeff for your patience. Mel and I have discussed if there is a way to better clarify which road lots are confirmed to be county or state owned in our GIS because the RPT boundaries are sometimes unclear. It's an ongoing discussion and I'm sure we'll follow up with you before we set Scott to it. -Amy From: Dameg, Randy <Randy.Dameg@hawaiicounty.gov> Sent: Thursday, January 29, 2026 10:52 AM To: Cook, Amy A <AmyA.Cook@hawaiicounty.gov> Cc: DPW Eng <dpweng@hawaiicounty.gov> Subject: RE: Road Status Confirmation -TMK (3) 1-7-016:010 Hi Amy, Sorry for the delay in getting back to you. I've checked the land deed for the parcels that front the roadway in question. The deed descriptions note a "Road Reserve," which we've seen on another roadway and determined to be a right-of-way that was set aside with the intent of possibly being dedicated to a government or private entity at some point. Another parcel description also mentions land "along the east boundary of a 20-foot-wide reserved by the Ola'a Sugar Company," which further suggests that the right-of-way was set aside by the Sugar Company. That said, I wasn't able to find any road dedication documents or related files for this road. Based on the deed language and the lack of dedication records, I would consider this to be a private road, even though the Sugar Company has since closed and no longer exists. Thanks, Randy From: Cook, Amy A <Amv.A.Cook@hawaiicounty"gov> Sent: Tuesday, January 27, 2026 11:34 AM To: Dameg, Randy <Randv..Dameg@hawaiicounty"gov> Subject: FW: Road Status Confirmation -TMK (3) 1-7-016:010 Hi Randy, Is this paper road county owned? Thanks, Amy From: Camero, Tracie-Lee <Tracie-Lee.Camero@hawaiicounty"gov> Sent: Tuesday, January 27, 2026 7:38 AM To: Cook, Amy A <Amv.A.Cook@hawaiicounty"gov>; Darrow, Jeffrey W. <Jeff.Darrow@hawaiicounty"gov> Cc: Jackson, Maija <Maija.Jackson@hawaiicounty.gov>; Kay, Christian <Christian.Kay..@hawaiicounty"gov> Subject: RE: Road Status Confirmation -TMK (3) 1-7-016:010 Hi Amy, about:blank?windowld=SecondaryReadingPane3 1/6 C.Kimo Alameda, Ph.D.Mayor William V. Brilhante, Jr. Managing Director November 5, 2025 County of Hawai' i POLICE DEPARTMENT 349 Kapi•oJani Street • Hilo, Hawai'i 96720-3998 (808) 935-3311 • Fax (808) 961-2389 Reed K. Mahuna Interim Chief of Police C:OH PLANNING DFPTNOU -b� 202c ,..,:;-,.-;;;,,;... '-'.. '-:J !"r-;,J,,0 { D•l'''0 H"'"'D DE. ••.Cv HN I LIVEREDTO FROM '--'""'"� NT POLICE CHIEF EAU SUBJECT: CHANGE OF ZONE APPLICATION (PL-REZ-2025-000093) APPLICANT: BENJAMIN AND OLIMPIA LOVE REQEUST: AGRICULTURAL -20 ACRES (A-20A) TO FAMILY AGRICULTURAL-1 ACRE (FA-lA) FOR A 5.79 ACRE PARCEL TAX MAP KEY: (3) 1-7-0, KEA'AU, PUNA, HAWAI'I Staff, upon reviewing the provided documents, does not anticipate any significant impact to traffic and/or public safety concerns. Thank you for allowing us the opportunity to comment. If you have any questions, please contact Captain Todd Pataray, Puna Patrol, at 965- 2716 or via email at Todd.Pataray@hawaiipolice.gov. "Hawai'i County is an Equal Opportunity Provider and Employer'· 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: October 24, 2025 TO: Mr. Jeffrey W. Darrow Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Change of Zone Application (PL-REZ-2025-000093) Applicant: Benjamin and Olimpia Love Request: Agricultural-20 Acres (A-20a) to Family Agricultural-1 Acre (FA-1a) for a 5.79 Acre Parcel Tax Map Key: (3) 1-7-016:010; Kurtistown, Puna, 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), Chapters 11-59 and 11-60.1. Jeffrey W. Darrow October 24, 2025 Page 2 of 4 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 October 24, 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 October 24, 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. GOVERNOR KE KIA'AINA ���� .A -•-...._1,. A� �OliJi -, .,, ,,,, .. ■ . � I: ,. i i I \if 1 ,, "--.-..-.- STATE OF HAWAl'I I KA MOK U'AINA 'O HAWAl'I DEPARTMEN T OF TRANSP ORTAT ION I KA 'OIHANAALAKAU 869 PUNCHBOWL STREET Mr. Jeffrey Darrow, Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Attention: Ms. Tracie-Lee Camero Dear Mr. Darrow: Subject: Request for Comments HONOLULU, HAWAII 96813-5097 November 17, 2025 Change of Zone Application (PL-REZ-2025-000093) Applicants -Benjamin and Olimpia Love Keaau, Puna, Hawaii Tax Map Key No. (3) 1-7-016: 010 EDWIN H. SNIFFEN DIRECTOR KA LUNA HO'OKELE Deputy Directors Na Hope Luna Ho'okele DREANALEE K. KALILI TAMMY L. LEE CURT T. OTAGURO ROBIN K. SHISHIDO IN REPLY REFER TO: STP 000924.25 HWY-PL 25-2.35153 Thank you for your letter dated October 23, 2025 requesting our comments for the above-referenced application. The applicants are seeking approval to rezone their 5.79-acre parcel to subdivide 5 separate parcels for their own private residential uses. The application request is to allow a designated zoning change from Agricultural District (I-acre) to Family Agricultural District (20-acre ). We have reviewed the submitted applications and provided our comments in the attachment. If you have any questions, please contact Jeyan Thirugnanam, Land Use Planning Engineer, Planning Branch at (808) 587-6336 or by email at jeyan.thirugnanam@hawaii.gov. Please reference file review number PL 2025-061. Sincerely, �hr EDWIN H. SNIFFEN Director of Transportation Attachment PO Box 421 Honokaa, HI 96727 January 16, 2026 Mr. Jeffrey Darrow, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Darrow: Subject: Attn: Tracie-Lee Camero Agency Comment Response Change of Zone Application (PL-REZ-2025-000093) Applicant: Benjamin and Olimpia Love Keaʻau, Puna, Hawaii, TMK: (3) 1-7-016:010 We are in receipt of agency comments on the subject application. The following will serve as a response to comments received to date. State Historic Preservation Division (comments dated November 19, 2025) The State Historic Preservation Division (SHPD) noted in their comments that the subject project area has been impacted by previous land-clearing, agricultural (sugarcane) activities, and the development of the existing residential structure. Based on the information provided, SHPD’s project effect determination is “No historic properties affected.” SHPD also notes the standard protective condition relating to archaeological finds: If historic properties such as lava tube openings, concentrations of artifacts, structural remains or human skeletal remains are found during construction activities please cease work in the immediate vicinity of the find, protect the find from additional disturbance, and contact the State Historic Preservation Division at (808)933-7653. The applicant acknowledges and will comply with this condition. Hawaii Department of Health (comments dated October 24, 2025) The standard Department of Health (DOH) comment letter serves as a reference to all-inclusive rules and regulations, some of which are relevant to the proposed project. DOH regulations regarding Clean Air and the control of fugitive dust detailed in HAR§11-60.1- 33 will be followed by the applicant. Regarding wastewater, any dwellings eventually built on the newly created lots would be served by individual wastewater systems approved by DOH. Police Department (comments dated November 5, 2025) The applicant acknowledges that the Police department does not anticipate any significant impact to traffic and/or public safety concerns. Hawaii Department of Transportation (comments dated November 17, 2025) The applicant acknowledges that the Hawaii Department of Transportation (HDOT) does not have any objections to the Change of Zone and that the proposed residential uses of the parcels is not expected to have any significant impacts on the nearby state highway facilities. Further the applicant appreciates the recommendations from HDOT relating to reducing carbon emissions from the project and will promote their implementation. Department of Water Supply (comments dated November 26, 2025) The applicant acknowledges that water can be made available for the proposed Change of Zone from an existing 6-inch waterline fronting subject parcel. Further the Department of Water Supply (DWS) offers, for the applicant’s information, final subdivision approval will be subject to compliance with requirements relating to installation of a new 6-inch waterline along the proposed new road lot with standard spacing of fire hydrants and service laterals fronting each lot. As shown on the rezone exhibit map, the applicant intends to create a new 20-foot wide private roadway which will provide access to the proposed parcels from Kuaaina Road. The new roadway lot would consist of a 20-foot-wide right-of-way with a minimum of 16-feet of pavement width and will comply with Hawaii County Code, Chapter 23, Subdivision standards as well as the Department of Public Works standard details pertaining to non-dedicable street construction (Std. Det. R-25). It is understood that the subdivision plan submitted herein may need be adjusted prior to receipt of final subdivision approval to accommodate County subdivision requirements and appropriate conditions of approval. Additionally, we recognize that the subdivision plan may need to be adjusted due to value engineering considerations. For example a shorter private road would still be consistent with subdivision regulations and would be less expensive to build. Therefore, the applicant agrees to comply with the requirements of DWS based on the final subdivision plan. Department of Public Works Engineering (emailed comments dated September 15, 2025) The applicant acknowledges that DPW confirmed that Kuaaina Road is County maintained at the subject property, that North Road is entirely privately owned, and that the connection between North Road and Kuaaina Road appears to be an undeveloped County ROW. Planning Department asked by email January 9, 2026, whether there is a specific reason the proposed subdivision’s 20-foot wide access is shown on the west side of the subject parcel rather than along the east side. At this point we are still trying to ascertain the applicants reasons for depicting the access on the west side of the property rather than the east side. As previously stated, it is understood that the subdivision plan submitted herein may need be adjusted prior to receipt of final subdivision approval to accommodate County subdivision requirements and appropriate conditions of approval. Additionally, we recognize that the subdivision plan may need to be adjusted due to value engineering considerations. We trust that everything is in order for your continued processing of this application. If not, or if there are questions relating to this matter, please feel free to direct them to me. Thank you very much. Sincerely, JOHN PIPAN Planning Consultant