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HomeMy WebLinkAbout2026-06-08 Applicant Response to Agency Comments (PL-REZ-2026-000099) Info Given at LPC 6-18-26 Meeting Item #5 Jacqueline Visser, Hanale Visser, and Gilbert Visser (PL-REZ-2026-000099) 2026-06-08 Applicants' Reponses to Agency Comments PO Box 421 Honokaa, HI 96727 (808) 333-3391 June 8, 2026 Mr. Jeffrey W. Darrow, Planning Director Planning Department, County of Hawaiʻi 101 Pauahi Street, Suite 3 Hilo, Hawaiʻi 96720 RE: Agency Comment Response Change of Zone Application (PL-REZ-2026-000099) Applicants: Jacqueline Visser, Hanale Visser, and Gilbert Visser Waimea, South Kohala, Hawaiʻi, TMK: (3) 6-4-018:030 Dear Director Darrow: The following responses are provided to the agency comments received in connection with the above-referenced application. Comments are addressed in the order they were received. 1. U.S. FISH AND WILDLIFE SERVICE (March 23, 2026) Summary of Comment: The U.S. Fish and Wildlife Service (USFWS) provided information on their updated technical assistance process and requested that the applicant obtain an Official Species List (OSL) through the Information for Planning and Consultation (IPaC) online portal at https://ipac.ecosphere.fws.gov/. USFWS also noted that if night construction work is proposed during the seabird fledgling period (September 15 through December 15), outdoor lighting should be fully shielded so that the bulb is visible only from below, and automatic motion sensor switches should be installed or lights turned off when human activity is not occurring in the lighted area. Applicant Response: The applicant acknowledges the USFWS comment. An Official Species List will be obtained through the IPaC portal prior to commencement of development activities. No night construction is anticipated. However, should night construction be proposed, work will be scheduled outside of the seabird fledgling period to the extent practicable. Any outdoor lighting installed will be fully shielded and equipped with automatic motion sensor switches in conformance with USFWS recommendations. 2. DEPARTMENT OF FINANCE, REAL PROPERTY TAX DIVISION (March 25, 2026) Summary of Comment: The Real Property Tax Division indicated no comments from the appraisal section. The collections section noted that real property taxes for TMK (3) 6-4-018:030 are current, paid through June 30, 2026. Applicant Response: The applicant acknowledges the Real Property Tax Division’s response and appreciates their review of the application. The applicant will ensure that all real property taxes remain current. 3. STATE OF HAWAIʻI DEPARTMENT OF HEALTH (March 27, 2026) Summary of Comment: The State Department of Health (DOH) provided standard land use review comments covering multiple branches. The Clean Air Branch requires compliance with Hawaii Administrative Rules (HAR) Chapters 11-59 and 11-60.1, including reasonable control of fugitive dust per HAR §11-60.1-33. The Clean Water Branch requires compliance with HAR Chapters 11-53, 11-54, and 11-55. The Hazard Evaluation and Emergency Response Office recommended that a Phase I Environmental Site Assessment (ESA) and Phase II Site Investigation be conducted given the agricultural land use history of the property. The Indoor and Radiological Health Branch requires compliance with HAR Chapters 11-39, 11-45, 11-46, and 11-501 through 11-504, including compliance with permissible noise levels under HAR Chapter 11-46 during construction. The Safe Drinking Water Branch requires compliance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11-25 regarding public water systems, underground injection control, and groundwater protection. The Solid and Hazardous Waste Branch requires compliance with applicable hazardous waste, solid waste, and underground storage tank regulations under HAR Chapters 11-58.1, 11-280.1, and 11-282. The Wastewater Branch directed that comments be submitted directly to the Branch. The Sanitation section requires that no structure be demolished or cleared without first addressing any rodent presence per HAR §11-26-35. Applicant Response: The applicant acknowledges all standard DOH comments and will comply with all applicable HAR chapters. A dust control management plan will be developed prior to the commencement of grading or construction activities. With respect to the Hazard Evaluation and Emergency Response Office recommendation, the property has a low likelihood of being contaminated with any hazardous substances, so an ESA is not proposed at this time. Wastewater for the proposed lots will be served by individual on-site sewage disposal systems (OSDS) designed in accordance with HAR Chapter 11-62; no new cesspools will be installed. The applicant will obtain all necessary environmental and construction permits prior to commencement of any development activities. 4. COUNTY OF HAWAIʻI DEPARTMENT OF WATER SUPPLY (March 31, 2026) Summary of Comment: DWS provided informational comments noting the existence of a 6-inch waterline within White Road fronting the subject parcel and two existing 5/8-inch water meters (Account Nos. 770-50530 and 770-50550), each limited to one unit of water (400 gallons average daily usage). As conditions of final subdivision approval, DWS requires: (1) construction of fire hydrants spaced no more than 600 feet apart and within 300 feet of the driveway or access for each lot; (2) submission of construction plans prepared by a professional engineer registered in the State of Hawaiʻi showing the required improvements; and (3) conveyance of all water system improvements and necessary easements to the Water Board prior to final subdivision approval, with a registered land surveyor certifying any metes and bounds descriptions. Applicant Response: The applicant acknowledges and appreciates DWS’s informational comments regarding the existing 6-inch waterline and the two existing water meters currently serving the property. The presence of these facilities confirms that adequate water service infrastructure is already in place to serve the two proposed lots. No new waterline extensions, service connections, or other water system improvements are anticipated to be necessary to complete the subdivision. The applicant respectfully requests relief from the requirement to install fire hydrants as a condition of subdivision approval. The applicant offers the following in support of this request. First, a review of White Road indicates that no fire hydrants are currently installed along the entire length of the road. Imposing a fire hydrant installation requirement on this two-lot subdivision would require the applicant to fund infrastructure that does not presently exist anywhere along White Road. Second, the proposed subdivision is minimal in scale. The subject parcel totals 2.397 acres and is being divided into only two lots, each exceeding one (1) acre in area. The applicant has revised the proposed lot layout to ensure both lots exceed the one-acre minimum required under the Family Agricultural-1 Acre (FA-1a) zone. According to Table 100-19 – Fire Flow Requirements of the Department of Water Supply Water System Standards, hydrant spacing requirements only apply to one acre lot size or less. The low-density, rural agricultural character of this subdivision — two large lots in an agricultural district — is not consistent with the level of fire protection infrastructure typically associated with higher-density residential or commercial developments where lots are less than one acre in size. Third, no other water system improvements are required to complete the subdivision. Each proposed lot will have direct frontage on White Road and access to the existing 6-inch waterline. The two existing water meters already assigned to the property are sufficient to serve the proposed lots. Fire hydrant installation would be the sole infrastructure improvement required for this subdivision. Fourth, the cost of installing a fire hydrant along White Road — including excavation, trenching, pipe work, hydrant hardware, engineering, etc.— would represent a financial burden grossly disproportionate to the scale of a two-lot rural agricultural subdivision intended to provide independent housing opportunities for the applicant’s children. No other roadway or infrastructure improvements are otherwise required or anticipated in connection with this project. The applicant respectfully requests to waive or defer the fire hydrant installation requirement, or in the alternative, that the applicant in consultation with the Hawaiʻi County Fire Department identify an approach to fire protection that is proportionate to the rural agricultural character and minimal scale of this subdivision. Typically, water for fire suppression is stored on site in tanks with approved fire department connections. The applicant is committed to working cooperatively with DWS and all applicable agencies. The applicant will comply with all other applicable requirements of the Department’s Rules and Regulations. 5. HAWAIʻI COUNTY POLICE DEPARTMENT (April 17, 2026) Summary of Comment: The Hawaiʻi County Police Department indicated that it has no concerns regarding the proposed Change of Zone application. Applicant Response: The applicant acknowledges the Hawaiʻi County Police Department’s response and appreciates their review of the application. The applicant looks forward to continuing to work with the Planning Department and all commenting agencies to advance this application. Should you have any questions or require additional information, please do not hesitate to contact our office. Sincerely, JOHN PIPAN Planning Consultant Pipan Consulting LLC Lot 11 Lot 13 Lot I 256°13' 579.27 76°09' 579.48 1 6 6 °14 ' 1 8 0 .47 To Ma m a la h o a Hig h w 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 A LL 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 (1.010 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 STALT.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-r2.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: 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 TRUE NORT H SCALE : 1 INCH = 2 0 FEE T 2.396 ACRES LOT 12 (REVISED) (AREA LESS POLE = 1.293 ACRES) (1.386 ACRES) PROPOSED LOT 12-A HANALE P., JACQUELINE U. AND GILBERT H. VISSER (OWNERS) 6. 5. 4. 3. 2. 1. 1/2 Inch Pipe (Set)(s/n 240016405) Water Meter Box 1/2 Inch Pipe (Set) (s/n 240016417) Water Meter Box (s/n 03011122) Water Meter Box 6-4-018:030 (3RD DIVISION) 1427 AND 1449 DECEMBER 8, 2025 19988.1 REZONING EXHIBIT A-40a TO FA-1a ZONING 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 and December 22, 2025. The features, shown hereon, were located by an actual survey Triangulation Station "East Base". Azimuths and coordinates are referred to Government Survey REVISED: APRIL 17, 2026 (CHANGE LOT SIZES) REVISED: APRIL 14, 2026 (CHANGE LOT SIZES)