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HomeMy WebLinkAboutPD Background Report (PL-REZ-2026-000099)1 BVisserREZ – 4.17.2026 COUNTY OF HAWAIʻI PLANNING DEPARTMENT BACKGROUND REPORT JACQUELINE VISSER, HANALE VISSER AND GILBERT VISSER CHANGE OF ZONE APPLICATION (PL-REZ-2026-000099) JACQUELINE VISSER, HANALE VISSER AND GILBERT VISSER have submitted an application for a change of zone from an Agricultural 40-acres to a Family Agricultural-1 acre zoning district for 2.397 acres of land. The subject property is located at 64-5091 White Road, approximately 0.4 miles south of its intersection with Māmalahoa Highway, Puʻukapu, South Kohala, Hawaiʻi, TMK: (3) 6-4-018:030. PROPOSED ACTION 1. Applicant’s Request: A change of zone from an Agricultural-40 acres (A-40a) to a Family Agricultural-1 acre (FA-1a) zoning district for 2.397 acres of land to create a two (2)-lot subdivision. The parcel is currently undeveloped. Requirements for establishing a land use in the FA zoning district, including a list of the variety of permitted land uses, are shown in Section 25-5-60 to 62 of the Zoning Code. (Planning Department Exhibit 1 – Zoning Code Requirements for Family Agricultural Districts). 2. Proposed Development: If the requested land use entitlement change is approved, the applicants propose to subdivide the subject parcel into two (2) lots, consisting of a minimum of one (1) acre each, allowing two family members to construct a single-family farm dwelling on their respective lots. 3. Construction Timeframe: According to the applicants, a subdivision application would be filed immediately after the granting of the change of zone. The applicants anticipate having the property subdivided by 2026 and cost of the project will be minimal. 4. Supportive Information: The applicant has submitted the attached in support of the request (Planning Department Exhibit 2 – Change of Zone Application dated February 18, 2026). 2 5. Landowners: Jacqueline Visser, Hanale Visser, and Gilbert Visser. STATE, COUNTY & COMMUNITY PLANS 6. State Land Use District: Agricultural. 7. General Plan LUPAG Map Designation: Important Agricultural Land (ial), which include lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. 8. County Zoning: Agricultural-40 acres (A-40a). 9. South Kohala Community Development Plan (SKCDP): The SKCDP was adopted by Ordinance No. 08 159 on December 1, 2008. The property is located in an area designated for urban uses within the “Waimea Conceptual Plan”. 10. Special Management Area (SMA): The subject property is not situated within the SMA and is located 6.5 miles away from the coastline. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 11. Subject Property: The subject property consists of approximately 2.397 acres and is generally rectangular in shape. The site has been mostly cleared, fenced, and remains vacant of structures or other improvements. The subject parcel is primarily landscaped with grass, with a few trees located along the road frontage and portions of the perimeter fencing. The site sits at an elevation of approximately 2,900 feet and exhibits a gentle slope descending from mauka to makai. 12. Surrounding Zoning/Land Uses: Properties within the area are similarly zoned A-40a, although the majority are similar in size to the subject property. Other properties just outside of the immediate surrounding area are zoned A-1a, A-3a, and A-5a and are primarily residential and agricultural in nature. There are also larger Department of Hawaiian Homeland (DHHL) parcels located to the south the subject property. Pursuant to Ordinance No. 24-87 and Section 25-2-42 (c)(4) of Hawaiʻi County Code, a report on surrounding properties is attached to this document (Planning Department Exhibit 3). 13. U.S.D.A. Soil Survey: The soils underlying the subject property consist of Kikoni medial silt loam (0 to 3 percent slopes) and Honokaʻa highly organic hydrous silty clay loam (0 to 10 percent slopes), as identified by the U.S. Department of Agriculture Soil Survey. 3 14. Agricultural Lands of Importance to the State of Hawaiʻi: The subject property is classified as Prime Agricultural Land, which is best suited for the production of food, feed, forage, and fiber crops. These lands possess the soil quality, growing season, and moisture supply necessary to support economically viable, high crop yields when properly managed, including appropriate water management and modern agricultural practices. 15. Land Study Bureau Soil Productivity Rating: The soil condition within the subject property is classified as mostly “C” or “Fair Soils” and a small portion to the northwestern corner in “B” or “good” soils. 16. Flood Insurance Rate Map (FIRM): The subject property is situated within Zone “X” on the Flood Insurance Rate Map (FIRM) by FEMA, an area determined to be an area of minimal flood hazard. 17. Flora/Faunal Resources: No formal floral or faunal surveys were conducted for the subject property, the site has been previously cleared and is currently characterized primarily by introduced grasses and a limited number of non-native trees. Common introduced bird species in the area may include dove, Japanese white-eye, house finch, and common myna, while domestic and non-native animals such as cats, dogs, rats, and mongoose are also common within the surrounding residential and agricultural environment. The Hawaiian Hawk (‘Io), Hawaiian Owl (Pueo), and Hawaiian Hoary Bat (‘Ope‘ape‘a) may occasionally utilize the broader area. As a precaution, Best Management Practices (BMPs) will be implemented during any future land clearing or construction activities, including minimizing unnecessary vegetation removal, limiting disturbance during sensitive breeding periods where practicable, minimizing nighttime lighting, avoiding barbed wire fencing where feasible, and implementing standard construction controls to reduce excessive noise, dust, and disturbance. Based on the disturbed condition of the site, the relatively small scale of the proposed project, and implementation of these BMPs, no significant adverse impacts to floral or faunal resources are anticipated. 4 18. Archaeological/Cultural/Historical Resources: No formal archaeological or cultural studies were conducted on the subject property as the subject property has been completely cleared. In the event that archaeological resources are encountered during operations, work would cease and the Department of Land and Natural Resources, State Historic Preservation Division (DLNR-SHPD), would be contacted. As of the application date, a no-effect determination had been requested from SHPD, but no response had been received. 19. Public Access: There is no designated public access to the mountains or the shoreline that runs through the property. PUBLIC UTILITIES AND SERVICE 20. Vehicular Access/Traffic: Access to the project is provided via White Road, a County-owned and maintained roadway with an approximately 9-foot-wide pavement within an approximately 40-foot-wide right-of-way. A Traffic Impact Analysis Report (TIAR) has not been prepared for the proposed change of zone, as the project would result in only one additional lot and is not anticipated to generate a significant increase in traffic. The subject parcel’s frontage is currently unimproved, as are the surrounding properties. 21. Water: According to the Department of Water Supply (DWS), water service is available from an existing 6-inch water line located within White Road fronting the subject parcel. The property is currently served by two (2) existing 5/8-inch meters, which are limited to an average usage of 400 gallons per day. DWS indicates that the applicant will be required to construct necessary minimum water system improvements, including, but not limited to, the installation of a fire hydrant spaced no more than 600 feet apart and located within 300 feet of the driveway or access to the lot. Subject to the requirements of other agencies for improvements within the road right-of-way fronting the property, the applicant shall also be responsible for the relocation and adjustment of DWS water system facilities, if necessary. In addition, the applicant shall dedicate water system improvements and pay all required facilities charges prior to the receipt of additional water service. 5 22. Wastewater: There is no County sewer in the area. The new dwellings will have a septic system installed in accordance with the requirements of the State Department of Health. 23. Solid Waste: There is no municipal waste collection services in the County. According to the application, solid waste will be handled by commercial haulers or individual homeowners, who will dispose of the refuse at authorized transfer stations or landfill sites. Additionally, all agricultural waste will be retained and utilized on the property. 24. Utilities and Services: All essential utilities and services are available to the property. Police services, fire services, and medical services are available in Waimea, approximately five (5) miles from the subject property. AGENCIES’ COMMENTS 25. County Department of Water Supply (Planning Department Exhibit 4 – Memo dated March 31, 2026) 26. State Department of Health (Planning Department Exhibit 5 – Memo dated March 27, 2026) AGENCIES’ – NO COMMENTS 27. Police Department. AGENCIES’ – NO RESPONSE 28. County Department of Public Works – Engineering Division; County Department of Environmental Management; Fire Department; State Department of Land and Natural Resources – Historic Preservation Division; State Department of Land and Natural Resources – Land Division; State Department of Land and Natural Resources – Engineering Division; Waimea Community Association. COMMENTS FROM THE PUBLIC 29. At the time of this writing, the Department has not received any comments or objections from the public or adjacent landowners. 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) COUNTY ENVIRONMENTAL REPORT REQUEST FOR CHANGE OF ZONE FROM AGRICULTURAL-40 ACRES (A-40a) to FAMILY AGRIUCLTURAL-1 ACRE (FA-1a) JACQUELINE VISSER, HANALE VISSER, GILBERT VISSER PUUKAPU HOMESTEADS, WAIMEA, SOUTH KOHALA, HI TMK: (3) 6-4-018:030 1 Table of Contents I. INTRODUCTION 4 II. PROJECT LOCATION 4 III. PROJECT DESCRIPTION 4 A. Project Concept and Components................................................................................... 4 B. Project Timetable and Cost ............................................................................................. 8 IV. INSTITUTIONAL CONSIDERATIONS 8 A. State Land Use ................................................................................................................ 8 B. County General Plan ....................................................................................................... 8 C. South Kohala Community Development Plan .............................................................. 13 D. County Zoning .............................................................................................................. 14 E. Relationship to SMA Objectives and Policies .............................................................. 16 F. Other Permitting Requirements .................................................................................... 20 V. ENVIRONMENTAL CONSIDERATIONS 20 A. General Description ...................................................................................................... 20 B. Soils and Topography ................................................................................................... 20 C. Natural Hazards ............................................................................................................ 23 D. Flora/Fauna ................................................................................................................... 23 E. Historic/Cultural/Archaeological Resources ................................................................ 27 F. Valued Cultural Resources ........................................................................................... 27 G. Water and Coastal Resources........................................................................................ 28 H. Noise, Air Quality, and Dust......................................................................................... 28 I. Scenic and Visual Considerations................................................................................. 29 VI. SOCIAL AND RELATED CONSIDERATIONS 29 A. Surrounding Land Uses................................................................................................. 29 B. Economic Impacts......................................................................................................... 29 C. Agricultural Impacts ..................................................................................................... 29 VII. INFRASTRUCTURAL CONSIDERATIONS 30 A. Road .............................................................................................................................. 30 B. Water............................................................................................................................. 30 C. Wastewater.................................................................................................................... 30 D. Solid Waste ................................................................................................................... 30 E. Other Government Services .......................................................................................... 30 F. Other Utilities................................................................................................................ 30 2 VIII.IMPACT SIGNIFICANCE ANALYSIS 31 A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-Term Productivity ................................................................................ 31 B. Irreversible and Irretrievable Commitment of Resources............................................. 31 C. Mitigative Measures...................................................................................................... 32 D. Alternatives to the Proposed Project............................................................................. 32 IX. REGULATORY ANALYSIS 33 A. General Plan LUPAG Map ........................................................................................... 33 B. General Plan Polices ..................................................................................................... 33 C. South Kohala Community Development Plan .............................................................. 36 D. Zoning and Subdivision ................................................................................................ 36 E. State Land Use Agricultural Standards......................................................................... 36 X. CONCLUSION 36 Figures 1. Location Map……………………………..……………………………..……………………...5 2. Rezone Exhibit Map....……………………………………………..….…………………….....6 3. Zoning Map………………………………………………………………………………..…...7 4. State Land Use Map…………………………………………………………………………....9 5. LUPAG Map………………………………………………………………………………….10 6. Draft 2045 LUPAG Map……………………………………………………………………...11 7. Waimea Town Conceptual Plan………………………………………………………….…...15 8. Aerial Photo …………………………………………..………………………………………17 9. Agriculture Agricultural Land Use Map………………………………………………………18 10. Land Study Bureau Map……………………………………………………………………..21 11. USDA Soil Classification…………………………………………………...……………….22 12. ALISH Map………………………………………………………………………………….24 13. Flood Hazard Map………………………………………………………………………..….25 14. Volcano Hazard Zone Map…………………………………………………………………..26 Exhibits Exhibit A: Rezone Exhibit and Metes & Bounds Description 3 I. INTRODUCTION Jacqueline Visser, Hanale Visser, and Gilbert Visser, (“applicants”) are requesting to change the zoning of a 2.397-acre parcel identified by Tax Map Key (3) 6-4-018:030 from Agricultural-40 acres (A-40a) to Family Agricultural-1 acre (FA-1a) for the purpose of subdividing the property into two (2) lots. The property is located on the west side of White Road, approximately 0.4 miles south of its intersection with Mamalahoa Highway in Waimea, South Kohala, Hawaii (Figure 1). If approved, the applicants intend to subdivide the 2.397-acre parcel into two (2) lots, consisting of a minimum of 1-acre each (Figure 2). The parcel is currently undeveloped and the applicants intend to subdivide the parcel in two so that the land can be distributed among two family members who each plan to construct a single-family farm dwelling on their respective parcel. II. PROJECT LOCATION As noted earlier, the subject property is located on the west side of White Road, approximately 0.4 miles south of its intersection with Mamalahoa Highway in Waimea, South Kohala, Hawaii (Figure 1). III. PROJECT DESCRIPTION A. Project Concept and Components The subject site consists of 2.397-acres of land and is zoned A-40a (Figure 3). The parcel is rectangular in shape and is currently vacant of any structures or uses. The applicants propose to rezone the parcel from the A-40a designation to FA-1a in order to pursue a two (2) lot subdivision. Each of the newly created parcels would contain a minimum of one acre. The purpose of the subdivision would be to distribute the property between the applicants’ family members so that they can construct a dwelling on their respective parcel. As proposed, access to the newly created lots would be from White Road. The proposed subdivision layout is attached as Figure 2. Upon completion of the proposed change of zone and 2-lot subdivision, the applicants’ family will maintain small-scale family agricultural activities on the property. It is understood that the subdivision plan submitted herein may have to be adjusted prior to receipt of final subdivision approval to accommodate County subdivision requirements and appropriate conditions of approval. 4 Figure 1: Location MapTMK: (3) 6-4-018:030 Lot 11 Lot 13 Lot I 256°13' 579.27 76°09' 579.48 1 66 °14 ' 1 8 0.47 To Ma m a la h oa Hig hw ay 3 4 6 °1 0 ' 1 7 9 . 8 0 (L O T 1 0 6) ( L O T 1 0 4 ) P U U K A P U W H ITE R O A D 1,487.35 4,255.16 Ft. East Ft. North MAR S H ALL WR IGH T S U B D IVIS ION Gr a n t 8 3 8 0 to Ka h a u n a n i Ca m pb e ll Be ll 3 4 6 °1 3 ' 1 8 2 .0 5 (PROPOSED A-40a TO FA-1a ZONING) oo oo 1 1/4 Inch Pipe (Found)1 1/4 Inch Pipe (Found) WAIMEA SU M MER LOTS Grant 8270 to Jam es S. Lem on 1 1/4 Inch Pipe (Found)1 1/4 Inch Pipe (Found) 1 1/4 Inch Pipe (Found) 0 20 40 602010 SCALE IN FEET (1.000 ACRE) PROPOSED LOT 12-B 1 1/4 Inch Pipe (Found) 346°10' 721.50 1 1/4 Inch Pipe (Found) 346°10' 180.44 1 1/4 Inch Pipe (Found) 346°10' 721.32 NOTES: CHR Y STAL T. Y AMAS A K I LICENSED PROFESSIONAL LAND SURVEYOR No.4331 H AWAII, U.S.A. WES THOMAS ASSOCIATES Land Surveyors Expiration Date: April 2026 State of Hawaii Certificate Number LS-4331 Licensed Professional Land Surveyor CHRYSTAL THOMAS YAMASAKI under my direct supervision. This work was prepared by me or TAX MAP KEY: FIELD BOOK NO.: DATE: PROJECT NO.: .... .. .......... .... P:\19500-19999\19988.1\DGN\199881z.dgn WES THOMAS ASSOCIATES FAX (808) 329-5334 EMAIL surveys@wtahawaii.com TEL. (808) 329-2353 Kailua-Kona, Hawaii 96740-1817 75-5749 Kalawa Street, Suite 201 -- Land Surveyors -- Prepared By: Prepared For: REZONING EXHIBIT Island and County of Hawaii, State of Hawaii At Puukapu, Waimea, South Kohala (H.T.S. Plat 402) and Lot 106 of Puukapu Homesteads (Second Series) Being Portions of Grant 8270 to James S. Lemon OF WAIMEA SUMMER LOTS LOT 12 (REVISED) MAP SHOWING Kailua-Kona, Hawaii 96740 73-1069 Ahikawa Street 6-4-018:030 (3RD DIVISION) 1427 DECEMBER 8, 2025 19988.1 TRUE NORT H SCALE: 1 INCH = 2 0 FEET 2.396 ACRES LOT 12 (REVISED) (AREA LESS POLE = 1.30 ACRES) (1.396 ACRES) PROPOSED LOT 12-A Water Meter Box HANALE P., JACQUELINE U. AND GILBERT H. VISSER (OWNERS) Existing Use = Vacant farm dwellings. Agricultural Zoned Parcels may be used for agricultural activities and/or Zoning designation of Subject and Adjoining Parcels = A-40a Community-Panel Number 155166 0225F, revised September 29, 2017. the 0.2% annual chance floodplain) as per Flood Insurance Rate Map (F.I.R.M.) Subject Parcel is located in Zone X (areas determined to be outside on the ground done on November 2, 2023. The features, shown hereon, were located by an actual survey Triangulation Station "East Base". Azimuths and coordinates are referred to Government Survey 6. 5. 4. 3. 2. 1. Figure 2: Rezone Map TMK: (3) 6-4-018:030 Figure 3: Hawaii County Zoning TMK: (3) 6-4-018:030 B. Project Timetable and Cost The applicants hope 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 subject parcel is served by the Department of Water Supply with two existing water meters. As the parcel is already accessible from White Road and already contains two (2) water meters, no new infrastructure will be necessary to effectuate the project and the estimated cost of this project will be modest. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject site is designated as State Land Use Agriculture (Figure 4). The proposed zoning would comply with the State Land Use designation of the parcel. The County of Hawai`i can process the rezoning request. B. County General Plan The County General Plan is the policy document for the long-range comprehensive development of the island of Hawaiʻi. It serves to guide the pattern of future development in Hawaiʻi County based on long-term goals. The current General Plan was approved in 2005 and the Draft 2045 General Plan is currently under review. The current General Plan’s Land Use Pattern Allocation Guide (“LUPAG”) map designates the subject site as Important Agricultural Land (Figure 5). The Important Agricultural Land designation is intended those agricultural lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. While the soils on the property are adequate for agricultural uses, the relatively small size of the parcel limits its potential for sustained high agricultural yields. The Draft 2045 General Plan acknowledges that the Important Agricultural Land designation is not the most appropriate LUPAG designation for this parcel by changing its LUPAG to Rural (Figure 6). The Draft 2045 General Plan identifies Rural lands as areas situated outside of Urban Growth Areas, which retain their rural character with low-density residential development, supporting small-scale commercial development, and agricultural land uses. The requested FA-1a zoning would be consistent with the property’s LUPAG designations and no General Plan amendment would be required to effectuate this project. While the subject request to rezone the parcel to FA-1a is consistent with the current General Plan’s identification of the parcel as Important Agricultural Land as it will allow the parcel to retain its Agricultural State land use designation and thus agricultural potential, the proposed FA-1a zoning is perhaps more consistent with future guidance provided by the Draft 2045 General Plan’s Rural 8 Figure 4: State Land Use MapTMK: (3) 6-4-018:030 Figure 5: Land Use Pattern Allocation GuideTMK: (3) 6-4-018:030 Figure 6: Draft 2045 LUPAG Map TMK: (3) 6-4-018:030 designation for this parcel, which better aligns with the parcel’s relatively small size and rural surroundings including other similar sized lots to the proposed. Under the proposed FA-1a zoning, the land could continue to be used for smaller- scale agricultural and residential type uses consistent with the surrounding area and thus, approval of the proposed FA-1a zoning would be in keeping with the General Plan guidance for future development. Additionally, the following is a discussion of the project’s consistency with specific relevant goals, policies and standards of the General Plan: Economic Elements 2.2 Goals • Provide residents with opportunities to improve their quality of life 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 of the Island of Hawaiʻi. • Provide an economic environment that allows new, expanded, or improved economic opportunities that area compatible with the County’s cultural, natural and social environment. Environmental 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 of life and an environment in which the natural resources of the island are viable and sustainable. Land Use Elements 14.1.2 Goals • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. 14.1.3 Policies • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region, and County. • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. 14.1.4 Standards • Zoning request 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. 12 Discussion: The FA designation is intended for small-scale agricultural operations associated with residential activities and is thus an appropriate designation for this parcel given its size and rural surroundings. Although the subject parcel and surrounding area are zoned A-40a, these parcels are generally below 3-acres in size. Other smaller properties in the general area are primarily zoned A-1a. Thus, the proposed rezoning would be appropriate in this area of Waimea and compatible with surrounding land uses. Additionally, as the purpose of the rezone is to subdivide the parcel among family members, the requested increase in density will provide for fee simple ownership, housing and small-scale farming opportunities to the applicants’ family. County water is available to support the request 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 is in alignment 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 South Kohala Community Development Plan. C. South Kohala Community Development Plan The South Kohala Community Development Plan (SKCDP) attempts to further define the General Plan and serves as a guide for decision-makers. The proposed change of zone request is conducive to the following policies outlined in the SKCDP: Waimea Policy 1: Preservation of Waimea’s Sense of Place shall be the principal, overarching land use policy for Waimea. This policy shall be implemented through measures for responsible growth, and through the preservation and protection of important lands and resources, including important cultural and historic sites and structures, important agricultural lands, and visually and environmentally important open space areas in Waimea Town. Waimea Policy 2: “Responsible Growth” shall be an overarching land use policy for Waimea. Adequate infrastructure, including roads, water supply, electrical power, drainage structures, schools, and parks, shall be provided by public and/or private entities before any large-scale new residential or commercial projects can be considered for approval by the County. Strategy 2.1 The County should carefully evaluate and condition, as appropriate, any rezoning that would negatively impact important agricultural lands or culturally, visually and environmentally important open spaces or resources in Waimea — Time will be needed to implement a number of important open space preservation tools and programs, including acquisition of fee interest or conservation easements for important puʻu and some of the East Waimea farm and ranch lots. While 13 these tools and programs are being put into place, private lands that are currently zoned A-5a, A-10a, A-20a, or A-40a should retain their current zoning. Exceptions can be made for affordable housing, agricultural cluster subdivisions, and small-scale rezonings of 4 lots or less that may assist families in allowing their children to obtain individual properties. Waimea Policy 3: Environmental Stewardship shall be an overarching land use policy for Waimea. Land use decisions shall be based on wise management practices for forests, watersheds, natural drainage ways and streams, native ecosystems, and important agricultural lands. Strategy 3.1 Protect Important Agricultural Lands — The Hawaiʻi County General Plan defines “Important Agricultural Lands” (IAL) as “those (lands) with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors.” The LUPAG maps for South Kohala show IAL in a broad band about 1.2 miles wide north and south of the first 1+ mile of Kohala Mountain road, in a broad area that includes most of the DHHL Puʻukapu lands, and in the southeastern sector of the South Kohala District in the vicinity of the Saddle Road/Mamalahoa Highway junction. These lands should be used for extensive and intensive farming and ranching and should not be rezoned for urban or suburban-type land uses. Discussion: The subject property is located within an agricultural and residential area to the east of Waimea and thus is in an appropriate area for the proposed use in accordance with the SKCDP. Further, the proposed Change of Zone is consistent with the property LUPAG designation of Important Agricultural Lands as it will allow for a slight increase in density for the purpose of transferring lots to family members, while still preserving the small-scale agricultural potential of the land. While the property is within a primarily agricultural area, it is not defined within the Small Farms and Ranches Preservation Program in the Waimea Town Conceptual Plan outlined in the SKCDP (Figure 7). The FA-1a zoning would fit in with the surrounding area being a mix of residential subdivisions and the larger agricultural properties in the area. The proposed zoning would enhance the land by offering housing and small-scale agricultural opportunities to the applicants’ family. Such residential and small-scale agricultural operations would be cohesive with the surrounding uses. The rezoning request is consistent with the exception in Strategy 2.1 that allows for small-scale rezonings of 4 lots or less that may assist families in allowing their children to obtain individual properties. D. County Zoning The County zoning of the subject property is Agricultural-40 acres (A-40a) (Figure 3). Adjacent properties are all generally zoned A-40a, although the majority are similar in size to the subject property and contain single-family 14 SUBJECT PROPERTY Figure 7: Waimea Town Conceptual PlanTMK: (3) 6-4-018:030 dwellings. Other properties just outside of the immediate surrounding area are zoned A-1a, A-3a, and A-5a. Those parcels range in size from approximately 0.2 to 7 acres. There are also larger DHHL parcels located to the south of the subdivision containing the subject property. 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 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-1a zoning and subsequent 2-lot subdivision request would provide an appropriate designation. Further, the requested FA-1a zoning would be consistent with the smaller size of the property and provide family agricultural lots to be used as housing and for agriculture by the applicants’ family members. 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-1a zone would be adhered to. E. Relationship to SMA Objectives and Policies The site is located approximately 6.5 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 6.5 miles from the shoreline at an elevation of approximately 2,900 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, it is not expected that any archaeological sites are present given the historical use of the property for agriculture. As depicted in the aerial photo from 1965 provided as Figure 8, the property was completely cleared prior to 1965 for pastoral and residential development. The State Department of Agriculture Agricultural Land Use Map shows that the property was within an area of cleared pastoral land (Figure 9). 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 16 Figure 8: 1965 Aerial PhotoTMK: (3) 6-4-018:030 Figure 9: State Agricultural Land Use Map TMK: (3) 6-4-018:030 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. If needed, an archaeological monitoring program can be instituted during any land clearing activity. The proposed action will eventually result in the construction of improvements (particularly farm dwellings) in an agricultural setting. However, improvements on the subject property would create virtually no visual impact to the area's scenic and open space resources. Additionally, the property is similar in size and use to adjacent properties and will remain consistent with the environment of the surrounding area. Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located approximately 6.5 miles from the ocean with an elevation of approximately 2,900 feet. Notwithstanding the distance, the nature of the project – family agricultural – and the potential construction of private wastewater systems are 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 an additional opportunity for small-scale farming and construction of a farm dwelling on the proposed second lot. 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. 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-1a, 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. 19 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, Building Permits, etc. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The subject site consists of 2.397-acres of land and is rectangular in shape. The parcel is accessed via White Road, which is a County owned and maintained paved access road with a 40-foot right-of-way width. The property is located approximately 2,300 feet south of the intersection of White Road and Hawaii Belt Road. The property is vacant of structures. It has been cleared and landscaped and is primarily vegetated with grass. There are a few trees along the road frontage and in some areas along the perimeter fencing. The site is situated approximately at the 2,900 -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 two (2) 1-acre + lots. The annual median rainfall for this area is approximately 50-inches. The average daily temperature ranges from 55 degrees to 77 degrees Fahrenheit. Wind patterns are generally driven by trade winds. B. Soils and Topography According to the Natural Resource Conservation Service’s Land Study Bureau Overall Master Productivity Rating, the site is classified as C. A small area at the northwest corner of the property is classified as B (Figure 10). The soil for the subject site is primarily (96.9%) Kikoni medial silt loam with 0 to 3 percent slopes (2llwf) (Figure 11). The soil consists of medial silt loam formed from ash fields on ʻaʻa lava flows. This soil type is considered well drained with a very low runoff class and is classified as prime farmland if irrigated. The remainder of the property (3.1%) is classified as Honokaʻa highly organic hydrous silty clay loam with 0 to 10 percent slopes (2nb3l). This soil type consists of highly organic hydrous silty clay loam formed from ash fields on lava flows. It is considered prime farmland and is well drained with a medium runoff class. 20 Figure 10: Land Study Bureau Map TMK: (3) 6-4-018:030 15 5 ° 3 7 ' 1 9 ' ' W Soil Map—Island of Hawaii Area, Hawaii (TMK: (3) 6-4-018:030) 225720 225740 225760 225780 225800 225820 225840 225860 225880 225900 225920 15 5 ° 3 7 ' 1 1 ' ' W 20° 1'52'' N 20° 1' 52'' N 20° 1'48'' N 22 1 6 9 8 0 22 1 7 0 0 0 22 1 7 0 2 0 22 1 7 0 4 0 22 1 7 0 6 0 22 1 7 0 8 0 22 1 7 1 0 0 22 1 6 9 6 0 22 1 6 9 8 0 22 1 7 0 0 0 22 1 7 0 2 0 22 1 7 0 4 0 22 1 7 0 6 0 22 1 7 0 8 0 22 1 7 1 0 0 Soil Map may not be valid at this scale. 225700 225720 225740 225760 225780 225800 225820 225840 225860 225880 225900 225920 20° 1' 48'' N 15 5 ° 3 7 ' 1 9 ' ' W Natural Resources Web Soil Survey National Cooperative Soil Survey Map Unit /egend Map Unit S\Pbol Map Unit NaPe Acres in A2,3ercent of A2, .iNoni medial silt loam  to  peUcent slopes .. +onoNaa hiJhly oUJanic hydUoXs silty clay loam  to  peUcent .. Totals for Area of ,nterest 2.4 100.010/21/2025 Conservation Service Page 1 of 3 15 5 ° 3 7 ' 1 1 ' ' W MapScale:1:1,020ifprintedonAlandscape(11"x8.5")sheet. Meters N 0 15 30 60 90 Feet 0 45 90 180 270 Mapprojection:WebMercator Cornercoordinates:WGS84 Edgetics:UTMZone5NWGS84 Figure 11 According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the site is classified as “Prime” (Figure 12). As noted earlier, the topography of the site slopes slightly downward in the mauka to makai direction. C. Natural Hazards 1. Drainage The Federal Emergency Management Agency (FEMA) Flood Insurance Rate map (FIRM) (Figure 13) identifies the project area as Zone “X” (areas outside of the 500-year flood). There are no identified existing drainage ways on the site. The applicants have 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 8, on a scale of ascending risks from 9 to 1 (Figure 14). The Building Code designates the entire island of Hawai’i Earthquake Zone “D” and contains certain structural requirements to address the relative seismic hazard. All structures would have to comply with this standard. The subject site is located at approximately 2,900 feet elevation and is outside of the Civil Defense's Tsunami Evacuation Zone. D. Flora/Fauna Although there were no professional surveys conducted of the floral or faunal resources of the site, the applicants do not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. The property was previously cleared and the current vegetation includes primarily introduced grasses and a few non-native trees. Further, the 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 (I’o), Hawaiian Owl (Pueo), and the Hawaiian Hoary Bat on site. Best management practices will be employed to 23 Figure 12: ALISH Map TMK: (3) 6-4-018:030 Figure 13: Flood Hazard MapTMK: (3) 6-4-018:030 Figure 14: Volcano Hazard Zone MapTMK: (3) 6-4-018:030 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. In addition, introduced bird species (such as dove, Japanese White-eye, house finch, myna) are common in this area. Domestic animals such as cats and dogs, and other animals like rats and mongoose are also common. These are all common and not endangered. As such, it is unlikely that the proposed rezone of the subject property 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, historic aerial imagery shows that the subject property was completely cleared prior to 1965 (Figure 8). Therefore, the likelihood of this action having any impacts on the area's historic resources is not high. While no ground disturbance is planned in conjunction with the proposed rezoning, approval of this request will enable the applicants’ family members to pursue constructing a new single-family dwelling on each of the two proposed lots. 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 SHPD and County Planning Department will be secured before work resumes. If needed, an archaeological monitoring program can be instituted during any land clearing activity. F. Valued Cultural Resources In view of the recent Hawaii State Supreme Court’s “PASH” and “Ka Pa`akai O 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 6.5 miles from the nearest coastline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject property or immediate surrounding area was used in the recent past for the gathering of plants by Native Hawaiians. The applicants have not observed any gathering on the site or the adjoining properties. The property is largely clear aside from grass and does not appear to contain any 27 plants that would be of value for gathering. Thus, it would appear unlikely that the site would serve such a purpose today. 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. However, in the event that legitimate gathering claims are made by Native Hawaiians, the applicants intend to respect and honor such claims and provide the legal and needed access within the site. G. Water and Coastal Resources The subject site is located approximately 6.5-miles from the coastline and sits at approximately 2,900 -feet in 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 new construction will be served by Individual Wastewater Systems meeting with the approval of the State Department of Health. 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 1 parcel. Traffic noise from Hawaii Belt Road, approximately 2,300 feet north 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 the 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 EPA standards for automobile emissions, the air quality impact should be negligible. As such, with the exception of short-term construction dust associated with any potential development of the properties, long term dust generated by the project should be minimal. 28 I. 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. Additionally, views from neighboring properties will not change significantly from their present state. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The general area is primarily residential and agricultural. Adjacent properties are all generally zoned A-40a, although the majority are similar in size to the subject property and contain single-family dwellings. Other properties just outside of the immediate surrounding area are zoned A-1a, A-3a, and A-5a. Those parcels range in size from approximately 0.2 to 7 acres. There are also larger DHHL parcels located to the south of the subdivision containing the subject property. Given the existing and zoned conditions, the proposed rezoning, resulting in the potential to create one additional lot 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 one additional fee-simple parcel to be distributed to a family member 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 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. C. Agricultural Impacts The site has a LUPAG designation of Important Agricultural Land and has not had any recent intensive agricultural uses. While the soil quality of the site is sufficient for agricultural operations, the small size of the property makes it unsuited to most intensive commercial agriculture. However, these factors should not preclude use of the proposed parcels for small-scale family agricultural pursuits. Further, under the requested FA-1a zoning, the parcel would remain agricultural while also conforming with the existing nearby land uses. 29 VII. INFRASTRUCTURAL CONSIDERATIONS A. Road Access to the project would be from White Road, a County owned and maintained paved roadway with a 40-foot right-of-way width. A Traffic Impact Analysis has not been performed for the planned subdivision. However, the project proposes an increase of only one additional. Thus, traffic impacts should be negligible and minimal access improvements would be required for the proposed project. B. Water County water service is available, and the subject property contains two water meters. 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 lot owners and disposed of at transfer stations. With the requested FA-1a zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. E. Other Government Services As this property is located nearby to the town center of Waimea, 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 and gas stations all located within 5 miles of the subject site. In addition, there are recreation facilities in the general area as well. As such, the project should not result in the extension of any government services. F. Other Utilities All other utilities such as telephone and electrical services are available to the site. 30 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 proposed rezoning would probably continue in its current largely unused condition. The applicants would be able to construct one farm dwelling on the property but would not be able to subdivide the land to provide family members with the same land ownership and housing opportunities, making an equitable distribution of the land among family members impossible. From a long-term productivity standpoint, the proposed additional lot would provide greater opportunities for the family, allowing two houses to be constructed and create individual responsibility for the care and agricultural use of the land. 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, historic aerial imagery shows that the subject property was completely cleared prior to 1965. Therefore, the likelihood of this action having any impact on the area's historic resources is not high. However, in the event any historic, archaeological, or cultural features are discovered during any future construction, 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. Finally, the soil of the site is classified primarily as “C”, or fair, by the Land Study Bureau and is not ideally conducive to intensive commercial agriculture. Most intensive commercial agriculture is also generally unfeasible due to the small size of the property. Therefore, a change from A-40a to FA-1a zoning would not result in an irreversible commitment of resources but rather allow the land to be divided amongst its family members for more productive small-scale family agricultural use. 31 C. Mitigative Measures Should the requested rezone be approved, the applicants intend to make improvements, if required, generally consistent with the subdivision process. Additionally, once subdivided, it will be possible for the applicants’ family members to pursue construction of a single-family farm dwelling on each of the two 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. Finally, there will be no person or businesses to be relocated by this project. D. Alternatives to the Proposed Project 1. No Project Under the status quo alternative, the site would likely continue in its present state. The landowner would not be able to divide the property and the applicants’ family members would not be able to build their own homes on the land, making equitable distribution of the property among family members difficult. 2. Alternative Density Given that the property is designated as important agricultural land and within a historically agricultural area, the applicants are not able to seek a denser residential zoning, such RA-0.5a or RS-20 zoning. These zoning designations would allow for the proposed subdivision into two individual lots but are not consistent with the general character of the surrounding area. Additionally, such a zoning would require taking the property out of its Agricultural designation and amending the State Land Use Boundary designation to Urban. As the applicants propose the subdivision with the intention of dividing the lots between family members, the FA designation is most appropriate. 32 3. Evaluation of Alternatives The necessary infrastructure and services are available to support the proposed FA-1a rezoning and subsequent 2-lot subdivision and the project’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 family, allowing them the possibility to remain on their family land and build their own family homes. Certain mitigative measures can be taken to address any possible impacts associated by 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 FA­1a 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 Important Agricultural Land (Figure 5). This designation allows the requested FA-1a 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 own and build on a portion of their property. 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, the project is likely to increase the land’s value, increasing property taxes. In so doing, the 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. 33 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 initial construction of potential farm dwellings. The project site is outside the boundaries of a flood way. No significant changes in the surface runoff are anticipated. A formal archaeological study was not performed on the subject parcel. However, the applicants do not believe that any archaeological sites are present. Throughout the years, the majority of property has been cleared during historic agricultural use. Therefore, the likelihood of this action having any impact on the area's historic resources is not high. 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. 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 (I’o), 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 avoiding trimming and removal of certain vegetation during bat and hawk breeding seasons. The proposed FA-1a zoning will help fulfil the objectives of the housing element by creating an additional lot with the potential for construction of a farm dwelling, allowing the applicants’ family members the opportunity to live on their family land. The 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 6.5 miles from the ocean and at an elevation of 2,900 feet, the usual coastal resources concern is not pronounced. There will 34 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. County water is available to the site through the two existing water meters on the property. Additionally, vehicular access to the site is via White Road, a County owned and maintained roadway with sufficient access for emergency vehicles. Schools and other public facilities are also located nearby in Waimea, most of them being less than 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) ● Encourage the development and maintenance of communities meeting the needs of its 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. Within the area of east Waimea with many smaller agricultural properties, there is a need for more family agriculture zoned lands to promote the ability of local families to live and build on their family land. The subject request reflects this demand. The purpose of the rezone is to create an additional parcel to provide fee simple ownership, housing and small-scale farming opportunities to the applicants’ family. Additionally, the FA-1a designation is intended for small-scale agricultural operations associated with residential activities and is thus appropriate for this parcel’s Important Agricultural Lands LUPAG designation. Furthermore, the subject property is already adjacent to neighborhoods with small agricultural properties, making the proposed rezoning appropriate in this area and compatible with surrounding land uses. 35 Further, this request is in alignment with the parcel’s State Land Use Agricultural designation and, as is elaborated on in Section IV.C of this report, the request is also in alignment with the South Kohala Community Development Plan. C. South Kohala Community Development Plan The South Kohala Community Development Plan (SKCDP) attempts to further define the General Plan and serves as a guide for decision-makers. Due to the site location within an area characterized by small farms, the proposed FA-1a zoning would provide an appropriate transition between Waimea town to the west and the larger agricultural uses to the east of the subject site. Additional information pertaining to how this application conforms to the policies and standards of the SKCDP is provided in Section IV.C of this report. D. Zoning and Subdivision The designated zoning of the site is A-40a. Should the FA-1a 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. E. State Land Use Agricultural Standards The State Land Use Designation is Agricultural. The requested rezoning to FA-1a 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’ family and help generate additional property tax revenue 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 the ideal option, would limit its highest and best use and would make it impossible to divide the land among family members so that they may each build their own single-family farm dwelling. While other zonings of an agricultural nature could be achieved, the requested FA-1a zoning is the most sensible. 36 Lot 11 Lot 13 Lot I 256°13' 579.27 76°09' 579.48 1 66 °14 ' 1 8 0.47 To Ma m a la h oa Hig hw ay 3 4 6 °1 0 ' 1 7 9 . 8 0 (L O T 1 0 6) ( L O T 1 0 4 ) P U U K A P U W H ITE R O A D 1,487.35 4,255.16 Ft. East Ft. North MAR S H ALL WR IGH T S U B D IVIS ION Gr a n t 8 3 8 0 to Ka h a u n a n i Ca m pb e ll Be ll 3 4 6 °1 3 ' 1 8 2 .0 5 (PROPOSED A-40a TO FA-1a ZONING) oo oo 1 1/4 Inch Pipe (Found)1 1/4 Inch Pipe (Found) WAIMEA SU M MER LOTS Grant 8270 to Jam es S. Lem on 1 1/4 Inch Pipe (Found)1 1/4 Inch Pipe (Found) 1 1/4 Inch Pipe (Found) 0 20 40 602010 SCALE IN FEET (1.000 ACRE) PROPOSED LOT 12-B 1 1/4 Inch Pipe (Found) 346°10' 721.50 1 1/4 Inch Pipe (Found) 346°10' 180.44 1 1/4 Inch Pipe (Found) 346°10' 721.32 NOTES: CHR Y STAL T. Y AMAS A K I LICENSED PROFESSIONAL LAND SURVEYOR No.4331 H AWAII, U.S.A. WES THOMAS ASSOCIATES Land Surveyors Expiration Date: April 2026 State of Hawaii Certificate Number LS-4331 Licensed Professional Land Surveyor CHRYSTAL THOMAS YAMASAKI under my direct supervision. This work was prepared by me or TAX MAP KEY: FIELD BOOK NO.: DATE: PROJECT NO.: .... .. .......... .... P:\19500-19999\19988.1\DGN\199881z.dgn WES THOMAS ASSOCIATES FAX (808) 329-5334 EMAIL surveys@wtahawaii.com TEL. (808) 329-2353 Kailua-Kona, Hawaii 96740-1817 75-5749 Kalawa Street, Suite 201 -- Land Surveyors -- Prepared By: Prepared For: REZONING EXHIBIT Island and County of Hawaii, State of Hawaii At Puukapu, Waimea, South Kohala (H.T.S. Plat 402) and Lot 106 of Puukapu Homesteads (Second Series) Being Portions of Grant 8270 to James S. Lemon OF WAIMEA SUMMER LOTS LOT 12 (REVISED) MAP SHOWING Kailua-Kona, Hawaii 96740 73-1069 Ahikawa Street 6-4-018:030 (3RD DIVISION) 1427 DECEMBER 8, 2025 19988.1 TRUE NORT H SCALE: 1 INCH = 2 0 FEET 2.396 ACRES LOT 12 (REVISED) (AREA LESS POLE = 1.30 ACRES) (1.396 ACRES) PROPOSED LOT 12-A Water Meter Box HANALE P., JACQUELINE U. AND GILBERT H. VISSER (OWNERS) Existing Use = Vacant farm dwellings. Agricultural Zoned Parcels may be used for agricultural activities and/or Zoning designation of Subject and Adjoining Parcels = A-40a Community-Panel Number 155166 0225F, revised September 29, 2017. the 0.2% annual chance floodplain) as per Flood Insurance Rate Map (F.I.R.M.) Subject Parcel is located in Zone X (areas determined to be outside on the ground done on November 2, 2023. The features, shown hereon, were located by an actual survey Triangulation Station "East Base". Azimuths and coordinates are referred to Government Survey 6. 5. 4. 3. 2. 1. EXHIBIT A 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 640180010000 A-40a 278,348 No N/A N/A N/A N/A 640180020000 A-40a 261,360 No N/A N/A N/A N/A 640180030000 A-40a 261,360 No N/A N/A N/A N/A 640180040000 A-40a 435,600 No N/A N/A N/A N/A 640180070000 A-40a 526,858 No N/A N/A N/A N/A 640180140000 A-40a 43,560 No N/A N/A N/A N/A 640180150000 A-40a 43,560 No N/A N/A N/A N/A 640180160000 A-40a 43,560 No N/A N/A N/A N/A 640180170000 A-40a 61,195 No N/A N/A N/A N/A 640180180000 A-40a 87,120 No N/A N/A N/A N/A 640180360000 A-40a 104,413 No N/A N/A N/A N/A 640040200000 A-40a 5,109,370 Yes 2 N/A N/A N/A 640180190000 A-40a 88,253 No N/A N/A N/A N/A 640180220000 A-40a 130,680 No N/A N/A N/A N/A 640180250000 A-40a 130,680 No N/A N/A N/A N/A 640180260000 A-40a 97,881 No N/A N/A N/A N/A 640180270000 A-40a 97,875 No N/A N/A N/A N/A 640180280000 A-40a 104,400 No N/A N/A N/A N/A 640180290000 A-40a 104,413 No N/A N/A N/A N/A 640180550000 A-40a 1,861,319 No N/A N/A N/A N/A 640180300000 A-40a 104,413 No N/A N/A N/A N/A 640180310000 A-40a 104,413 No N/A N/A N/A N/A 640180320000 A-40a 105,110 No N/A N/A N/A N/A 640180330000 A-40a 103,680 No N/A N/A N/A N/A 640180340000 A-40a 104,400 No N/A N/A N/A N/A 640180350000 A-40a 104,400 No N/A N/A N/A N/A 640180790000 A-40a 171,583 No N/A N/A N/A N/A 640180450000 A-40a 130,680 No N/A N/A N/A N/A 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 640180460000 A-40a 304,920 No N/A N/A N/A N/A 640180470000 A-40a 622,472 No N/A N/A N/A N/A 640180480000 ROADWAY 46,958 No N/A N/A N/A N/A 640180490000 A-40a 91,476 No N/A N/A N/A N/A 640180560000 A-40a 2,614 No N/A N/A N/A N/A 640180150001 A-40a 32,856 No N/A N/A N/A N/A 640180150002 A-40a 10,704 No N/A N/A N/A N/A 640180160001 A-40a 21,780 No N/A N/A N/A N/A 640180160002 A-40a 21,780 No N/A N/A N/A N/A 640180310001 A-40a 82,764 No N/A N/A N/A N/A 640180310002 A-40a 21,780 No N/A N/A N/A N/A 640180470001 A-40a 435,600 No N/A N/A N/A N/A 640180470002 A-40a 186,872 No N/A N/A N/A N/A 640180490001 A-40a 69,696 No N/A N/A N/A N/A 640180490002 A-40a 21,780 No N/A N/A N/A N/A 640180790001 A-40a 93,218 No N/A N/A N/A N/A 640180790002 A-40a 23,958 No N/A N/A N/A N/A 640180790003 A-40a 54,406 No N/A N/A N/A N/A TO: DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAl'I 345 KEKUANAO'ASTREET, SUITE 20 • HILO, HAWAl'l 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 Mr. Jeffrey Darrow, Director Planning Department March 3 I, 2026 COH PLANNING DEPTAPR 2 2026 PM2:38 REC'D HAND DELIVERED FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Change of Zone Application (PL-REZ-2026-000099) Applicant: Jacqueline Visser, Hanale Visser and Gilbert Visser Request: Agricultural-40 Acres (A-40a) to Family Agriculture-I Acre (FA-la) Tax Map Key (3) 6-4-018:030 We have reviewed the subject application and have the following comments and conditions. Please be informed that there is an existing 6-inch waterline within White Road fronting the subject parcel. There are two (2) existing 5/8-inch meters (Acct. No. 770-50530, Meter No. 240016405 and Acct. No.770-50550, Meter No. 240016417). Each meter is limited to one (1) unit of water, for your information, one ( l) unit of water is equal to an average daily usage of 400 gallons. 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.fire hydrants spaced no more than 600 feet apart and within 300 feet of the driveway oraccess for each lot. On dead-end streets, the last fire hydrant shall be located at one-half thedistance from the last house, or unit, fronting the property line, or to the driveway or access for the property, and b.subject to other agencies' requirements to construct improvements within the road right-of­way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water systemfacilities, 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. ... Water, Our <Jvtost Precious (}?_§source ... 1(p, Wai}l 'l(ane ... The Department of Water Supply is an Equal Opportunity provider and employer. Mr. Jeffrey Darrow, Director Page 2 March 31,2026 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. 2.Comply with all other applicable policies and requirements ofthe 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, Vtilavvv\o\: . Keith K. Okamoto, P.E. Manager-Chief Engineer MM:dfg copy— Jacqueline Visser, Hanale Visser,Gilbert Visser Pipan Consulting LLC 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: March 27, 2026 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-2026-000099) Applicants: Jacqueline Visser, Hanale Visser and Gilbert Visser Request: Agricultural-40 Acres (A-40a) to Family Agricultural-1 Acre (FA-1a) TMK: 6-4-018:030, Waimea, South Kohala, 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 March 27, 2026 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 March 27, 2026 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 March 27, 2026 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.