HomeMy WebLinkAboutCOM 1075.000 2018-2020Harry Kim
Mayor
Roy Takemoto
Managing Director
Barbara J. Kossow
Deputy Managing Director
CounfV of (.abxal"i
WTurr of fhr AaVor
25 Aupuni Street, Suite 2603 • Hilo, Hawaii 96720 • (808) 961-8211 • Fax (808) 961-6553
KONA: 74-5044 Ane Keohokalole Hwy., Bldg. C • Kailua-Kona, Hawaii 96740
(808) 323-4444 Fax (808) 323-4440
September 9 2020
+4r„
Aaron S. Y. Chung, Council Chair
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chair Chung and Members:
SUBJECT: VState Land Use Boundary Amendment (SLU 20-000053)
Request: Agricultural to Urban
Change of Zone Application (REZ 20-000241)
Request: O & RA -la to CV -10
Applicant; Danny Julkowski (Pua Melia LLC)
Tax Map Ivey: 6-8-002:057
As required by Chapter 7, Sec. 6-7.5 (a), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action are the Leeward Planning Commission's letter and
enclosures regarding the above -referenced requests.
Sincerely,
L
HARRY KIM
Mayor
TCouncilPuaMeliaSLU20-053REZ20-241
Enclosures Comm. No. 1015
Ref. To:
cc: Planning Department Ref. tate SEP 1 8 2020
biits and 1clo
County of Hawaii is. an Equal Opportunity Provider and Employer.
Harry Kim
Mayor
Roy Takemoto
Managing Director
SEP — 9 2020
County of Hawaii
LEEWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
Phone (808) 961-8288 • Fax (808) 961-8742
Aaron S.Y. Chung, Council Chair
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chair Chung and Council Members:
SUBJECT: State Land Use Boundary Amendment (SLU 20-000053)
Request: Agricultural to Urban
Change of Zone Application (REZ 20-000241)
Request: O & RA -la to CV -10
Applicant; Danny Julkowski (Pua Melia LLC)
Tax Map Key: 6-8-002:057
Nancy Carr Smith, Chair
Perry Kealoha, Vice -Chair
Scott Church
Mark Van Pernis
Michael Vitousek
Faith "Faye" Yates
The Leeward Planning Commission, at its continued meeting on August 20, 2020, considered the
above -referenced request for a State. Land Use Boundary Amendment from Agricultural to Urban
and a Change of Zone from an Open (0) and Residential and Agricultural 1 -acre (RA -la) to a
Village Commercial -10,000 square feet, (CV -10) zoning district. The property is located south of
Waikoloa Road, approximately 0.3 miles east of the intersection of Pua Melia Street and Waikoloa
Road at Waikoloa, South Kohala, Hawaii.
The Commission voted to send an unfavorable recommendation to the County Council, ultimately
adopting the Planning Director's reasons for the unfavorable recommendation as follows:
State Land Use Boundary Amendment
The applicant, Danny Julkowski (Pua Melia LLC), is requesting a State Land Use Boundary
Amendment from Agricultural to Urban for 11.707 acres of land to create a nine (9) lot subdivision
with commercial and residential components. This request is submitted concurrently with a Change
of Zone application from Open (0) and Residential and Agriculture 1 -acre (RA -1 a) to a Village
Commercial (CV -10) zoning district for the 11.707 -acre parcel to allow the following commercial
and residential development on the subject property:
Hawai `i County is an Equal Opportunity Provider and Employer
Aaron S.Y. Chung, Council Chair
and Members of the County Council
County of Hawaii
Page 2
One (1) 4.299 -acre lot situated on the western side of the subject parcel for a proposed
affordable housing development to include 36 "units" in seven (7) quad-plex and four (4)
duplex buildings. According to the applicant, 60% to 80% of the units will be affordable
to households with incomes at or below 140% of the median income.
Three (3) lots situated on the eastern side of the subject property totaling 5.971 acres
which are slated for commercial development, including the possible future development
of a hardware store.
Five (5) commercial lots situated on the southern side of the subject property, each with a
minimum land area of approximately 12,840 square feet (total 1.437 acres) to be sold to
various commercial developers; and
One (1) road lot, consisting of an entrance to Waikoloa Road, a cul-de-sac, and access
road to the largest (residential) lot.
Tentative plans call for securing subdivision approval by the end of 2020. Thereafter, the
applicant will construct the necessary improvements within the subdivision. The estimated
timeframe to complete the infrastructure improvements and obtain final subdivision approval is
approximately 24 months. The estimated cost of improvements for this proposed project is
$4001000.
Based on Chapter 28 of the Hawaii County Code and Planning Commission Rule 13, the
approval for the reclassification of the State Land Use District Boundary Amendment requires that
the proposed reclassification conforms to the applicable goals, policies, standards, and courses of
action of the General Plan and implementing ordinances, plans and documents. No amendment shall
be approved unless it conforms to the General Plan. However, a proposed amendment may be
combined with a request to amend the General Plan.
The request to reclassify the property to the State Land Use Urban District would be
inconsistent with the General Plan Land Use Pattern Allocation Guide (LUPAG) map for this
area, which is designated as Open and Rural. The Land Use Pattern Allocation Guide (LUPAG)
Map component of the General Plan (GP) is a representation of the document's goals and policies to
guide the coordinated growth and development of the County. The LUPAG map reflects a graphic
depiction of the physical relationship among the various land uses and establishes the basic urban
and non -urban form for areas within the County.
This proposed request to reclassify the district boundary from Agricultural to Urban, along
with the change the zoning of the subject parcel to CV -10, does not conform with the General Plan
LUPAG map which designates most of the property as open (o) and a smaller portion as rural (rur).
Aaron S.Y. Chung, Council Chair
and Members of the County Council
County of Hawaii
Page 3
The proposed request to reclassify the district boundary from Agricultural to Urban and to change
the zoning to a CV -10 zoning district would allow for numerous permitted uses that are inconsistent
with uses commonly associated with the open and rural LUPAG designations. It is also evident that
the LUPAG designations for the previous Waikoloa Highlands project indicate there is a cogent
relationship between the rural and open zoning designations with that of the current Residential and
Agricultural 1 -acre (RA -la) and Open (0) County zoning of the subject parcels where a clear
consistent intent in land use design is represented.
The applicant has claimed that given the broad -brush nature of the General Plan LUPAG
map designations, the subject parcel should be considered consistent with the medium density urban
(mdu) zoning designation, which is located across Pua Melia Street, approximately 360 feet west of
the of the most western tip of the subject parcel. The Planning Department provided a determination
on the GP LUPAG designation for the proposed property by letter dated June 3, 2019, stating the
General Plan LUPAG map specifically identifies the subject property as being within the open (ope)
and rural (rur) designations, which follows the County zoning for the property. The adjoining
property to the west and the area north of the property across Waikoloa Road are situated within the
extensive agriculture (ea) GP LUPAG map designation. The nearest area within the medium density
urban (mdu) GP LUPAG Map designation is located further west across Pua Malia Street, which is
over one thousand (1,000) feet away along Waikoloa Road, where access would occur. Even though
the GP LUPAG map boundaries are broad brush, the property cannot be interpreted to be within the
medium density urban designation given its distant location. As mentioned above, since the request
is inconsistent with the General Plan, the applicant could submit a proposed amendment request to
amend the General Plan LUPAG map for this property.
The request to reclassify the property to the State Land Use Urban District would be
inconsistent with the to the following goals, policies, and standards of the Land Use -General
and Land Use -Commercial Elements of the General Plan. In addition to assessing the proposed
project's consistency with the General Plan LUPAG map designation for the area, the proposed
request is also assessed in relationship to its consistency with the goals, policies, and standards of the
General Plan. The General Plan is the policy guide for the coordinated growth and development of
all sectors of the County. It sets forth goals, policies, standards, and courses of action to
accommodate growth without congestion, to designate and preserve the lands needed for residential
use, commercial and visitor services, industry, agriculture and open space, and to coordinate these
uses with the County's service and infrastructure systems. The overall goals, policies and standards
are set forth to physically plan the lands in the County in the best interest of the island's residents.
Land Use is one of the principal focal points of public concern and policy. The Land Use Element of
the General Plan provides the primary basis for direct control and guidance of publicly and privately
owned resources. The following outlines how the proposed request to reclassify the district boundary
from Agricultural to Urban, which is submitted along with a request to change the zoning to CV -10,
is not consistent with the listed goals, policies, and actions of the Land Use — General and Land Use
— Commercial elements of the General Plan:
Aaron S.Y. Chung, Council Chair
and Members of the County Council
County of Hawaii
Page 4
Land Use — General 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.
As discussed previously, the proposed boundary amendment and change of zoning to CV -10
does not comply with the General Plan LUPAG map designations of the property, which are open
and rural. As discussed below, the proposed boundary amendment and change of zoning to CV -10 is
also inconsistent with the General Plan districts goals or the regional plan for this area (the South
Kohala CDP). Additionally, the availability of public services, utilities (infrastructure) and access to
this property are currently lacking to support this project.
District Goals: For the South Kohala district, one of the Courses of Action in the General
Plan Land Use Commercial Element states the following:
• Continue the concentration of commercial uses in Waimea, Kawaihae, Waikoloa Village,
and in the resort areas. Do not allow strip or spot commercial development on highways
outside of these primary commercial areas.
The proposed project is inconsistent with this Course of Action in the General Plan as it is
not located with the concentrated commercial area of Waikoloa Village and is creating a spot
commercial development along Waikoloa Road outside of the primary commercial area.
Infrastructure: The subject property is not served with the required infrastructure, utilities,
and transportation facilities to support the proposed boundary amendment from Agricultural to
Urban, as well as the change to CV -10, and will require significant infrastructure improvements to
establish the proposed commercial and residential uses for the property.
Land Use — Commercial Element
• Commercial facilities shall be developed in areas adequately served by necessary services,
such as water, utilities, sewers, and transportation systems.
As mentioned previously, the subject property of the proposed boundary amendment on
which the applicant has proposed commercial development is not served with the required
infrastructure, utilities, and transportation facilities to support the proposed boundary amendment
from Agricultural to Urban, as well as the change to CV -10, and will require significant
infrastructure improvements to establish the proposed commercial and residential uses.
Aaron S.Y. Chung, Council Chair
and Members of the County Council
County of Hawaii
Page 5
The request to reclassify the property to the State Land Use Urban District would be
inconsistent with the to the Waikoloa Village Conceptual Plan and to the policies and strategies
for Waikoloa Village in the South Kohala Community Development Plan. Regional and/or
Community Development Plans are intended to implement the broad goals within the General Plan
on a regional basis. They serve to designate and coordinate detailed development patterns and
infrastructure needs throughout the County. The plans detail land use policies and infrastructure
priorities, transportation, recreation, and other major land use policies within each area and must be
developed with participation by the affected communities and adopted by ordinance by the County
Council. The proposed boundary amendment and accompanying change of zone request is not
consistent with the policies and strategies of the South Kohala Community Development Plan
(SKCDP), which was adopted by the Hawaii County Council, Ordinance 08 159 on November 20,
2008.
The SKCDP was divided up into four (4) different "plans" addressing each of the four areas
with the South Kohala District. These four (4) plans were the Waimea Town Plan, the Waikoloa
Village Plan, the Kawaihae Plan and the Puako Community Plan. The Waikoloa Plan included a
Waikoloa Village Conceptual Plan that presents in graphic and narrative form general policies and
strategies for the long-range — 20+ year look -ahead — future of Waikoloa Village. The Waikoloa
Village Conceptual Plan identifies detailed development patterns and infrastructure needs for this
specific area. The proposed development does not conform with the Waikoloa Village Conceptual
Plan, which identifies the subject property and immediate area as the No. 1 alternative for a
community center and park. The location of the proposed development is not identified for
commercial uses for the future of this area in the plan.
Additionally, the Waikoloa Village Plan has four (4) main policies, which each policy has a
number of strategies for implementation of these policies. These four (4) main policies are with an
emphasis on 1) Provide Needed Infrastructure and Community Facilities for a Growing Community,
2) Environmental Stewardship, Sense of Place, Open Space, 3) Provide Transportation and
Circulation Improvements in a Timely manner, and 4) Encourage Affordable Housing and Smart
Growth. The proposed development does not conform to the following policies and strategies of the
SKCDP:
Policy 1. Provide Needed Infrastructure and Community Facilities for a Growing
Community.
Strategy 1.1 Plan, Fund, and Construct a Community Center and Community Park.
There has been considerable discussion within the Waikoloa community regarding the need
for a Community Center and a Community Park. In January 2007, a "Community Center Planning
Committee" was formed, consisting of a number of Waikoloa Village residents. Through a series of
Aaron S.Y. Chung, Council Chair
and Members of the County Council
County of Hawaii
Page 6
meetings and discussions, including extensive input from the Waikoloa community, the committee
identified five alternative sites for a community center. As mentioned previously, the Waikoloa
Village Conceptual Plan identifies the subject property and immediate area as the No. 1 alternative
site for a community center and park. The location of the proposed development is not identified for
commercial uses for the future of this area in the plan. The proposed development does not align
with Strategy 1.1.
Strategy 1.4 Develop a Major Commercial Center for Waikoloa Village with shops, stores,
and small business opportunities.
The SKCDP expounded in detail regarding the construction of the commercially zoned 45 -
acre parcel, which is the location of the proposed Waikoloa Plaza. The plan concluded that given the
proposed square footage of the retail commercial space, it appears that the 45 -acre commercial
center at Waikoloa Village can provide for the population's local retail commercial needs for the
next 15 to 20 years. Given that this proposed major commercial center will provide the commercial
needs of the community for a given period of time upon its completion, the request to rezone another
property to commercial, which is located outside of the identified commercial area for Waikoloa
Village, would be untimely and inconsistent with Strategy 1.4.
Policy 3. Provide Transportation and Circulation Improvements in a Timely manner.
Strategy 3.6 Implement traffic safety improvements along Waikoloa Road.
Portions of the two-lane Waikoloa Road are very hazardous. There are parts of the road that
are curvy and steep. Furthermore, there are stretches of roadway with little or no paved shoulders, let
alone any room on the roadway for bicyclists or pedestrians. Several suggested traffic safety
improvements for Waikoloa Road include: 1) Construct paved shoulders that are of a safe width, 2)
Construct separated bicycle and walking paths along the roadway, and 3) Construct truck runaway
ramps in appropriate locations along the roadway. As mentioned previously, this proposal does not
incorporate any traffic, intersection, pedestrian, or bicycling improvements to connect this
development to the nearby Waikoloa Village and future Waikoloa Plaza.
In summary, when reviewing the overall direction of the SKCDP, we observed a clear
direction of the plan to discourage further development of urban development, including commercial
lots, east of Paniolo Road and Pua Melia Road as those lands provide a buffer between the Waikoloa
Village (one of the fastest growing communities in the County) and the more rural/agricultural lands
to the east. It should be noted that outreach during the formation of the SKCDP found that parks and
outdoor recreation were one of the highest community needs as well as the inclusion of smaller
playgrounds and community parks in the region. Adjacent to the future commercial center
(Waikoloa Plaza) there is an established U.S. Post Office and County Fire Station — it is in this area
the community desires to concentrate the commercial and more "urban" uses and zoning.
Aaron S.Y. Chung, Council Chair
and Members of the County Council
County of Hawaii
Page 7
The applicant's proposal to construct housing in the rear of the subject parcel would necessitate an
approximately 3,500 -foot walk from the proposed residences to the Post Office; the walk to
Waikoloa Plaza would be even further and would require crossing the busy Pua Melia/Waikoloa
Road intersection.
As discussed above, the proposed request to reclassify the district boundary and to change the
zoning for the subject property 1) is not consistent with the General Plan LUPAG map for this area,
2) is not consistent with the General Plan goals, policies and standards of the Land Use -General and
Land Use -Commercial Elements of the General Plan, which includes not meeting the minimum
concurrency standards for traffic, water, and wastewater for this commercial and residential
development, and lastly, 3) does not conform to the Waikoloa Village Conceptual Plan nor does it
conform to the policies and strategies for Waikoloa Village in the South Kohala Community
Development Plan.
Urban Districts shall include lands characterized by "city -like" concentrations of
people, structures, streets, urban level of services and other related land uses. The project site
is located on an undeveloped and barren area completely set away from the larger commercial center
of Waikoloa Plaza/Waikoloa Village. There are no established utilities at this site without substantial
improvements and State agency approvals. The roadway improvements necessary to accommodate
an additional commercial center east of Waikoloa Plaza and the Paniolo Rd/Waikoloa Road
intersection are extensive and have been established as a priority for the community prior to
permitting additional zoning or development changes. The proposed reclassification, without any
specific details regarding traffic, wastewater, and types of commercial uses, places a large burden on
the community to wait for a developer to conduct necessary and warranted infrastructure and utility
improvements in rural and open space areas.
Based on the above, the Planning Director is recommending that the Leeward Planning
Commission send an unfavorable recommendation for the proposed district boundary amendment
request to the Hawaii County Council.
CHANGE OF ZONE
The applicant is requesting a Change of Zone from Open (0) and Residential and Agriculture
1 -acre (RA -1 a) to a Village Commercial (CV -10) zoning district for the entire 11.707 -acre parcel.
If the requested land use entitlement changes are approved, the applicant's current proposed
project includes plans to subdivide the 11.707 -acre parcel into nine (9) buildable lots and one (1)
road lot, including:
One (1) 4.299 -acre lot situated on the western side of the subject parcel for a proposed
affordable housing development to include 36 "units" in seven (7) quad-plex and four (4)
Aaron S.Y. Chung, Council Chair
and Members of the County Council
County of Hawaii
Page 8
duplex buildings. According to the applicant, 60% to 80% of the units will be affordable
to households with incomes at or below 140% of the median income.
Three (3) lots situated on the eastern side of the subject property totaling 5.971 acres
which are slated for commercial development, including the possible future development
of a hardware store.
Five (5) commercial lots situated on the southern side of the subject property, each with a
minimum land area of approximately 12,840 square feet (total 1.437 acres) to
be sold to various commercial developers; and
One (1) road lot, consisting of an entrance to Waikoloa Road, a cul-de-sac, and access
road to the largest (residential) lot.
Tentative plans call for securing subdivision approval by the end of 2020. Thereafter, the
applicant will construct the necessary improvements within the subdivision. The estimated
timeframe to complete the infrastructure improvements and obtain final subdivision approval is
approximately 24 months. The estimated cost of improvements for this proposed project is
$4005000.
In considering a zoning amendment initiated by a property owner or other person which
proposes to change the district classification of any property, the Planning Director shall consider the
purposes of the existing and proposed district and the purposes of the Zoning Code (Chapter 25 of
the Hawaii County Code) and shall recommend a change in a district boundary only where it will
result in a more appropriate land use pattern that will further the public necessity and
convenience and the general welfare, and be consistent with the goals, policies and standards of
the General Plan.
In order to consider an area for any type of zoning designation, the applicable goals, policies
and standards of the General Plan must be adequately addressed. It is only through such a
comprehensive policy analysis approach that evaluations and decisions can be made to better time
and stage developments to achieve growth determined by the General Plan, Community
Development Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar areas in the County. Based
on these criterion, the primary factors for this unfavorable recommendation are: 1) the proposed
request for Village Commercial (CV) zoning is not consistent with the goals, policies, and actions of
the General Plan (GP), and 2) the proposed request is not consistent with the goals, objectives and
actions of and South Kohala Community Development Plan (SKCDP), nor would it further the
public necessity or result in an appropriate land use pattern in this region; therefore, the existing
Open (0) and Residential and Agricultural (RA -1 a) zoning district should be retained.
Aaron S.Y. Chung, Council Chair
and Members of the County Council
County of Hawaii
Page 9
The Change of Zone Request from an Open (0) and Residential and Agriculture 1 -acre
(RA -la) to a Village Commercial (CV -10) zoning district does not conform the General Plan
Land Use Pattern Allocation Guide (LUPAG) map for this area, which is designated as Open
and Rural.
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan (GP)
is a representation of the document's goals and policies to guide the coordinated growth and
development of the County. The LUPAG map reflects a graphic depiction of the physical
relationship among the various land uses and establishes the basic urban and non -urban form for
areas within the County.
This proposed request to change the zoning of the subject parcel to CV -10 does not conform
with the General Plan LUPAG map, which designates most of the property as open (o) and a smaller
portion as rural (rur). While the open designation is typically reserved for parks and other
recreational areas, historic sites, and open shoreline areas, the rural designation includes existing
subdivisions that have a significant residential component. These subdivisions may contain small
farms, wooded areas, and open fields as well as residences. Allowable uses within the rural zoning
district may include commercial facilities that serve the residential and agricultural uses in the area,
along with community and public facilities. The rural zoning designation does not necessarily mean
that these areas should be further subdivided into smaller lots as most lack the basic infrastructure
(i.e., water, sewer) necessary to allow further subdivision. The proposed request to change the parcel
to a CV -10 zoning district would allow for numerous permitted uses that are inconsistent with uses
commonly associated with the open and rural LUPAG designations. It is also evident that the
LUPAG designations for the previous Waikoloa Highlands project indicate there is a cogent
relationship between the rural and open zoning designations with that of the current Residential and
Agricultural 1 -acre (RA -la) and Open (0) County zoning of the subject parcels where a clear
consistent intent in land use design is represented.
The applicant has claimed that given the broad -brush nature of the General Plan LUPAG
map designations, the subject parcel should be considered consistent with the medium density urban
(mdu) zoning designation, which is located across Pua Melia Street approximately 360 feet west of
the of the most western tip of the subject parcel. The Planning Department provided a determination
on the GP LUPAG designation for the proposed property by letter dated June 3, 2019, stating the
General Plan LUPAG map specifically identifies the subject property as being within the open (ope)
and rural (rur) designations, which follows the County zoning for the property. The adjoining
property to the west and the area north of the property across Waikoloa Road are situated within the
extensive agriculture (ea) GP LUPAG map designation. The nearest area within the medium density
urban (mdu) GP LUPAG Map designation is located further west across Pua Malia Street, which is
over one thousand (1,000) feet away along Waikoloa Road, where access from the proposed
subdivision would occur. Even though the GP LUPAG map boundaries are broad brush, the property
cannot be interpreted to be within the medium density urban designation given its distant location.
Aaron S.Y. Chung, Council Chair
and Members of the County Council
County of Hawaii
Page 10
The Change of Zone Request from an Open (0) and Residential and Agriculture 1 -acre
(RA -la) to a Village Commercial (CV -10) zoning district does not conform to the following
goals, policies, and standards of the Land Use -General and Land Use -Commercial Elements of
the General Plan.
In addition to assessing the proposed project's consistency with the LUPAG map designation
for the area, the proposed request is also assessed in relationship to its consistency with the goals,
policies, and standards of the General Plan. The GP is the policy guide for the coordinated growth
and development of all sectors of the County. It sets forth goals, policies, standards, and courses of
action to accommodate growth without congestion, to designate and preserve the lands needed for
residential use, commercial and visitor services, industry, agriculture and open space, and to
coordinate these uses with the County's service and infrastructure systems. The overall goals,
policies and standards are set forth to physically plan the lands in the County in the best interest of
the island's residents. Land Use is one of the principal focal points of public concern and policy. The
Land Use Element of the General Plan provides the primary basis for direct control and guidance of
publicly and privately owned resources. The following outlines how the proposed request to change
the zoning to CV -10 is not consistent with the listed goals, policies, and actions of the Land Use —
General and Land Use — Commercial elements of the General Plan:
Land Use — General 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.
As discussed previously, the proposed change to CV -10 zoning does not comply with the
General Plan LUPAG map designations of the property, which are open and rural. As discussed
below, the proposed change of zone request is also inconsistent with the General Plan districts goals,
the regional plan for this area (the South Kohala CDP), and it is not compatible with the adjacent
zoned areas, which are zoned Open, RA -1a, and A -5a. Additionally, the availability of public
services, utilities (infrastructure) and access to this property are currently lacking to support this
project. Lastly, the public need for this project is minimal as there is a large commercial area
currently being constructed to the west, which is proposing a hardware store to provide support for
this area.
District Goals: For the South Kohala district, one of the Courses of Action in the General
Plan Land Use - Commercial Element states the following:
• Continue the concentration of commercial uses in Waimea, Kawaihae, Waikoloa Village,
and in the resort areas. Do not allow strip or spot commercial development on highways
outside of these primary commercial areas.
Aaron S.Y. Chung, Council Chair
and Members of the County Council
County of Hawaii
Page 11
The proposed project is inconsistent with this Course of Action as it is not located with the
concentrated commercial area of Waikoloa Village and is creating a spot commercial development
along Waikoloa Road outside of the primary commercial area.
There are several commercial developments within the Waikoloa area. For a number of
years, the main commercial area for Waikoloa Village has been the Waikoloa Highlands Center,
which consists of a large market, restaurants, offices, personal service uses, gas station and other
related establishments. This is located at the northwestern corner of the Paniolo Avenue/Pua Melia
intersection. There is a new large commercial area called Waikoloa Plaza that is currently under
construction, which is located southwest of the Paniolo Avenue/Pua Melia intersection and south of
Waikoloa Village. Access by motor vehicles to the plaza will include two major entrances, one on
Waikoloa Road and another on Pua Melia Street. The 130,000 -square foot shopping center will
encompass 19 acres, with 35 retail stores filling spaces from 800 to 35,000 square feet. The retail
stores of Waikoloa Plaza will include a gas station, hardware store, food, health and fitness, and
other retail establishments to serve the region. Additionally, this project is proposed to provide
several hundred affordable rental units (the Lofts) upon completed.
Infrastructure: The subject property is not served with the required infrastructure, utilities,
and transportation facilities to support the proposed CV -10 zoning and will require significant
infrastructure improvements to establish the proposed commercial and residential uses.
Public Need: The public need for this project has been greatly diminished with the
development of the Waikoloa Plaza, which is currently under construction. Waikoloa Plaza has a
lease for a hardware store and is proposing to build several hundred affordable housing units.
Land Use — Commercial Element
• Commercial facilities shall be developed in areas adequately served by necessary services,
such as water, utilities, sewers, and transportation systems.
As mentioned previously, the subject property proposing the commercial development is not
served with the required infrastructure, utilities, and transportation facilities to support the
proposed CV -10 zoning and will require significant infrastructure improvements to establish the
proposed commercial and residential uses. The following discussion highlights these issues:
Water: Water services for Waikoloa Village are supplied by the West Hawaii Water
Company (WHWC), a privately -owned and managed utility certified by the Public Utilities
Commission of the State of Hawaii (PUC). According to WHWC, the subject parcel is within the
existing service territory and water is available subject to the issuance of a "will serve" letter and in
accordance with WHWC's rules and regulations and associated infrastructure improvements.
Aaron S.Y. Chung, Council Chair
and Members of the County Council
County of Hawaii
Page 12
Despite the initial availability determination, water service for the project is not secured until such
time as an Extension Agreement is executed and Contribution in Aid of Construction is paid. Any
connections to WHWC systems are the responsibility of the developer/landowner. To date, the
applicant has not provided evidence that they have taken any of the steps outlined above to secure
water service for the proposed project.
Wastewater: Sewer connection is proposed to be provided by the West Hawaii Sewer
Company (WHSC), a privately -owned and managed utility certified by the Public Utilities
Commission of the State of Hawai `i, however, wastewater infrastructure is not currently available to
the project area. Prior to the proposed subdivision connecting to wastewater utility lines, the WHWC
will be required to obtain PUC approval to expand their service area as the proposed subdivision is
not currently within the WHWC service area. If PUC approval is granted the applicant or other entity
will be required to construct the appropriate utility connection along Waikoloa Road meeting design
standards approved by other State and County agencies. Staff notes the construction of a private
utility within the County ROW may trigger the need for an Environmental Assessment (EA) prior to
development. The applicant has not provided any indication the PUC is willing to approve the
increase in distribution area for wastewater service nor has the applicant provided any alternative
wastewater treatment plan should the PUC fail to support expanding the WHWC service area to this
proposed project site.
Transportation Systems: This application presents aproposal to create one (1) egress/ingress
into the proposed mixed-use development located on the subject parcel. To date, no Traffic Impact
Analysis Report (TIAR) was submitted as part of the application, and the applicant merely states that
the proposed development of 36 residential units and nine (9) commercial lots will not generate the
trips necessary to trigger a TIAR. The transportation facilities within Waikoloa Road, especially in
the vicinity of the Paniolo Drive intersection are becoming increasingly inadequate to support the
current and expected traffic conditions. Despite the applicant's proposed nine (9) -lot subdivision, the
requested CV -10 zoning designation (with a minimum lot size of 10,000 square feet) would permit a
maximum density of fifty (5 0) lots (excluding land area to be set aside for roads, sidewalks, etc.) and
would allow high intensity commercial uses beyond what is currently proposed. For this reason, the
Planning Department indicated in writing to the applicant that, "...the proposed uses trigger the need
for a Traffic Impact Analysis Report (TIAR) per Section 25-2-46 (d) of Hawaii County Code
(Zoning Code)." If the change of zone were approved, the permitted level of development of the CV -
10 zoning designation would necessitate the need for a TIAR. Additionally, the applicant has
provided limited details on the specific type/style of commercial development and therefore requires
that the maximum zoning use of the subject parcel be considered during regulatory review. The
requirement of the TIAR is not triggered by the construction of the housing units exclusively, but by
the change of zone application itself. Pursuant to Hawaii County Code (HCC) 25-2-46(d(1), when
the number of trips depends upon the exact future uses of the site, and those uses are unknown at the
time of zoning amendment (e.g., types of commercial uses), the determination shall be based upon a
typical mix of uses found in that zoning type in the community. Furthermore, the Department of
Aaron S.Y. Chung, Council Chair
and Members of the County Council
County of Hawaii
Page 13
Public Works (DPW) — Engineering Division commented that a TIAR may be required and DPW -
Traffic Division commented that the applicant, "shall construct the roundabout improvements to the
intersection of Waikoloa Road and Paniolo Avenue, meeting with the approval of the DPW. The
roundabout improvements shall be completed prior to the issuance of any Certificate of Occupancy
for the subject property."
Additionally, this proposal does not incorporate any traffic, intersection, pedestrian, or
bicycling improvements to connect this development to the nearby Waikoloa Village and future
Waikoloa Plaza. Community strategies focus on implementing traffic safety improvements along
Waikoloa Road as portions of the two-lane Waikoloa Road is considered hazardous. Several
community driven recommended traffic safety improvements for Waikoloa Road have been
presented, more specifically, to construct paved shoulders for safe access, and to construct separated
bicycle and walking paths along the roadway (i.e., Waikoloa Road).
Lastly, the applicant's request brings to light an issue that was highlighted by the South
Kohala Community Development Plan Action Committee (AC) in a report titled "Paniolo Avenue-
Waikoloa Road Intersection". In that report the AC states that the intersection of Waikoloa Road,
Paniolo Avenue and Pua Melia Street at Waikoloa Village has become increasingly dangerous and
needs safety improvements. The intersection is also steadily becoming busier, and certain routes
necessitate a comprehensive review of the acceptable level of service (LOS) for this type of
intersection when planning for future growth. The AC report further states that allowing
development density to increase without proper traffic studies and built solutions would be a
negligible permitting practice unless proper conditions or assurances are in place, and "...the
requirement of the TIAR is not triggered by the construction of the housing units exclusively, but by
the change of zone application itself." Options for developing improvements to the intersection have
been considered in the past and added as developer obligations, but those have not resulted in
producing the needed safety improvements. The AC believes that the project will certainly increase
the amount of traffic on Waikoloa Road and congestion at the intersection. It heightens the urgency
to address safety issues at the intersection via a traffic light or roundabout and provide another
access road to the village. Therefore, the applicant's proposed project of nine (9) commercial lots
with no specific tenants or commercial types, which is sited across the aforementioned busy
intersection, appears to not have taken the Waikoloa Plaza development into account when
submitting this proposed change of zone. Despite the preceding, the applicant has deferred the
pursuit of the TIAR and implementation of required traffic mitigation to the future if/when the
commercial uses are developed.
The proposed change of zone from an Open (0) and Residential and Agriculture 1 -acre
(RA -1a) to a Village Commercial (CV -10) zoning district does not conform to the Waikoloa
Village Conceptual Plan nor does it conform to the policies and strategies for Waikoloa Village
in the South Kohala Community Development Plan. Regional and/or Community Development
Plans are intended to implement the broad goals within the General Plan on a regional basis. They
Aaron S.Y. Chung, Council Chair
and Members of the County Council
County of Hawaii
Page 14
serve to designate and coordinate detailed development patterns and infrastructure needs throughout
the County. The plans detail land use policies and infrastructure priorities, transportation, recreation,
and other major land use policies within each area and must be developed with participation by the
affected communities and adopted by ordinance by the County Council. The proposed change of
zone request is not consistent with the policies and strategies of the South Kohala Community
Development Plan (SKCDP), which was adopted by the Hawaii County Council, Ordinance 08 159
on November 20, 2008.
The SKCDP was divided up into four (4) different "plans" addressing each of the four areas
with the South Kohala District. These four (4) plans were the Waimea Town Plan, the Waikoloa
Village Plan, the Kawaihae Plan, and the Puako Com ImInity Plan. The Waikoloa Plan included a
Waikoloa Village Conceptual Plan that presents in graphic and narrative form general policies and
strategies for the long-range — 20+ year look -ahead — future of Waikoloa Village. The Waikoloa
Village Conceptual Plan identifies detailed development patterns and infrastructure needs for this
specific area. The proposed development does not conform with the Waikoloa Village Conceptual
Plan, which identifies the subject property and immediate area as the No. 1 alternative for a
community center and park. The location of the proposed development is not identified for
commercial uses for the future of this area in the plan.
Additionally, the Waikoloa Village Plan has four (4) main policies, which each policy has a
number of strategies for implementation of these policies. These four (4) main policies are with an
emphasis on 1) Provide Needed Infrastructure and Community Facilities for a Growing Community,
2) Environmental Stewardship, Sense of Place, Open Space, 3) Provide Transportation and
Circulation Improvements in a Timely manner, and 4) Encourage Affordable Housing and Smart
Growth. The proposed development does not conform to the following policies and strategies of the
SKCDP:
Policy 1. Provide Needed Infrastructure and Community Facilities for a Growing
Community.
Strategy 1.1 Plan, Fund, and Construct a Community Center and Community Park.
There has been considerable discussion within the Waikoloa community regarding the need
for a Community Center and a Community Park. In January 2007, a "Community Center Planning
Committee" was formed, consisting of a number of Waikoloa Village residents. Through a series of
meetings and discussions, including extensive input from the Waikoloa community, the committee
identified five alternative sites for a community center. As mentioned previously, the Waikoloa
Village Conceptual Plan identifies the subject property and immediate area as the No. 1 alternative
site for a community center and park. The location of the proposed development is not identified for
commercial uses for the future of this area in the plan. The proposed development does not align
with Strategy 1.1.
Aaron S.Y. Chung, Council Chair
and Members of the County Council
County of Hawaii
Page 15
Strategy 1.4 Develop a Major Commercial Center for Waikoloa Village with shops, stores,
and small business opportunities.
The SKCDP expounded in detail regarding the construction of the commercially zoned 45 -
acre parcel, which is the location of the proposed Waikoloa Plaza. The plan concluded that given the
proposed square footage of the retail commercial space, it appears that the 45 -acre commercial
center at Waikoloa Village can provide for the population's local retail commercial needs for the
next 15 to 20 years. Given that this proposed major commercial center will provide the commercial
needs of the community for a given period of time upon its completion, the request to rezone another
property to commercial, which is located outside of the identified commercial area for Waikoloa
Village, would be untimely and inconsistent with Strategy 1.4.
Policy 3. Provide Transportation and Circulation Improvements in a Timely manner.
Strategy 3.6 Implement traffic safety improvements along Waikoloa Road.
Portions of the two-lane Waikoloa Road are very hazardous. There are parts of the road that
are curvy and steep. Furthermore, there are stretches of roadway with little or no paved shoulders, let
alone any room on the roadway for bicyclists or pedestrians. Several suggested traffic safety
improvements for Waikoloa Road include: 1) Construct paved shoulders that are of a safe width, 2)
Construct separated bicycle and walking paths along the roadway, and 3) Construct truck runaway
ramps in appropriate locations along the roadway. As mentioned previously, this proposal does not
incorporate any traffic, intersection, pedestrian, or bicycling improvements to connect this
development to the nearby Waikoloa Village and future Waikoloa Plaza.
In summary, when reviewing the overall direction of the SKCDP, we observed a clear
direction of the plan to discourage further development of commercial lots east of Paniolo Road and
Pua Melia Road as those lands provide a buffer between the Waikoloa Village (one of the fastest
growing communities in the County) and the more rural/agricultural lands to the east. It should be
noted that outreach during the formation of the SKCDP found that parks and outdoor recreation were
one of the highest community needs as well as the inclusion of smaller playgrounds and community
parks in the region. Adjacent to the future commercial center (Waikoloa Plaza) there is an
established U.S. Post Office and County Fire Station — it is in this area the community desires to
concentrate the commercial and more "urban" uses and zoning. The applicant's proposal to construct
housing in the rear of the subject parcel would necessitate an approximately 3,500 -foot walk from
the proposed residences to the Post Office; the walk to Waikoloa Plaza would be even further and
would require crossing the busy Pua Melia/Waikoloa Road intersection.
As discussed above, the proposed request to change the zoning district of the subject parcel
from Open (0) and Residential and Agriculture 1 -acre (RA -1 a) to a Village Commercial (CV -10)
zoning district 1) is not consistent with the General Plan LUPAG map for this area, 2) is not
Aaron S.Y. Chung, Council Chair
and Members of the County Council
County of Hawaii
Page 16
consistent with the General Plan goals, policies and standards of the Land Use -General and Land
Use -Commercial Elements of the General Plan, which includes not meeting the minimum
concurrency standards for traffic, water, and wastewater for this commercial and residential
development, and lastly, 3) does not conform to the Waikoloa Village Conceptual Plan nor does it
conform to the policies and strategies for Waikoloa Village, in the South Kohala Community
Development Plan.
Based on the preceding discussion, the Planning Director is recommending that the Leeward
Planning Commission send an unfavorable recommendation for the proposed change of zone request
to the Hawaii County Council.
As required by the County Council, the draft bills amending the State Land Use Boundaries Maps
for the County of Hawai `i changing the district classification from Agricultural District to the Urban
District and amending Section 25-8-7 (North & South Kohala District Zone Map), Article 8, Chapter
25 (Zoning) of the Hawaii County Code are attached. Please note that due to the unfavorable
recommendation, there are no conditions attached to the draft bill.
We are enclosing copies of the staff Background, Planning Director's Recommendation, the Power
point presentation and a draft transcript of the hearing will be provided under separate cover for your
information.
Sincerely,
C� �'ei5� Sept. 7, 2020
Nancy Carr Smith, Chair
Leeward Planning Commission
UulkowskiSLU20-053REZ20-24I Ipc2
Enclosures
cc: Mr. Zendo Kern
Danny Julkowski, Pua Melia LLC
Department of Public Works
Department of Water Supply
John Mukai Esq., Corporation Counsel
BJulkowskiREz SLU 6/22/20
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
DANNY JULKOWSKI
STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 20-000053)
CHANGE OF ZONE APPLICATION (REZ 20-000241)
DANNY JULKOWSKI has submitted applications for a State Land Use Boundary Amendment
from Agricultural to Urban for 11.707 acres of land, and a Change of Zone from an Open (0)
and Residential and Agriculture I -acre (RA -la) to a Village Commercial (CV -10) zoning district
for 11.707 acres of land. The subject property is located south of Waikoloa Road,, approximately
0.3 miles east of the intersection of Pua Melia Street and Waikoloa Road at Waikoloa, South
Kohala District, Island of Hawaii, TMK: (3) 6-8-002:057.
PROPOSED ACTION
1. Applicant's Request: 1) A State Land Use Boundary Amendment from Agricultural to
Urban for 11.707 acres of land, ' and 2) a Change of Zone from an Open (0) and
Residential and Agriculture 1 -acre (RA -la) to a Village Commercial (CV -10) zoning
district for the entire subject parcel (11.707 -acres). The CV -10 zoning district, with a
minimum lot size of 10,000 square feet, would allow a maximum density of fifty (50) lots
(excluding land area to be set aside for roads, sidewalks, etc.) although the applicant is
proposing nine (9) buildable lots plus one (1) road lot. According to the Zoning Code, the --
Village Commercial zoning district provides for a broad range or variety of commercial
and light industrial uses that are necessary to serve the population in rural areas where the
supplementary support of the general business uses and activities of a central commercial
district is not readily available. Requirements for establishing a land use in the CV
district, including a list of the variety of permitted uses, are shown in Section 25-5-122 to
25-5-128 of the Zoning Code. (Planning Department Exhibit 1- Zoning Code
Requirements for Village -Commercial Districts).
2. Objectives of the Requests: If the requested land use entitlement changes are approved,
the applicant's current proposed project includes plans to subdivide the 11.707 -acre
parcel into nine (9) buildable lots and one (1) road lot, including:
■ One (1) 4.299 -acre lot situated on the western side of the subject parcel for a
proposed affordable housing development to include 36 "units" in seven (7) quad-
plex and four (4) duplex buildings. According to the applicant, 60% to 80% of the
units will be affordable to households with incomes at or below 140% of the median
income.
■ Three (3) lots situated on the eastern side of the subject property totaling 5.971 acres
which are slated for commercial development, including the possible future
development of a hardware store.
■ Five (5) commercial lots situated on the southern side of the subject property, each
with a minimum land area of approximately 12,840 square feet (total 1.437 acres)
proposed to be sold to commercial developers; and
■ One (1) road lot, consisting of an entrance to Waikoloa Road, a cul-de-sac and
driveway/roadway to the largest lot.
The applicant notes that except for the affordable housing component, plans for the
remaining eight (8) non -road lots are tentative and subject to change.
3. Construction Timetable and Cost: Plans call for securing tentative subdivision
approval by the end of 2020. Thereafter, the applicant will construct the necessary
infrastructure improvements within the subdivision. The estimated timeframe to complete
the infrastructure improvements and obtain final subdivision approval is approximately
24 -months. The estimated cost of improvements for this proposed project is $4,000,000.
4. Landowner: Pua Melia LLC
(Planning Department Exhibit 2 - State Land Use Boundary Amendment dated
04/07/2020 and Planning Department Exhibit 3 - Change of Zone Application dated
04/07/2020)
STATE AND COUNTY PLANS
5. State Land Use Designation: Agricultural. According to the Land Use Commission
(LUC), the subject property and surrounding property was reclassified from SLU
Agriculture to the SLU Rural District in June 2008 under Docket No. A06-767. The LUC
subsequently reverted the Rural designation of the petition area back to the Agricultural
District as the LUC determined that the landowner (Waikoloa Highlands, Inc.) had failed
to perform several conditions imposed by the LUC in obtaining the reclassification of the
petition area.
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6. Project Area Regulatory History:
Rezone Ordinance No. 90-160 — December 27, 1990: Ordinance amending Section
25-95A and 25-95H, Article 3, Chapter 25 of the Hawaii County Code by changing the
district classification from "Unplanned" (U) and Multiple -Family Residential (RM-1.5)-
to
RM-1.5) to Open (0) and Residential -Agriculture (RA -1 a).
Rezone Ordinance No. 95-51— March 21, 1995: Amendment of Ordinance No. 90-160;
amending Condition B (Incremental Subdivision Plans) and Condition C (Off-site
Roadway Improvements).
Rezone Ordinance No. 05-157 — December 15, 2005: Amendment of Ordinance
No. 95-51, amending Condition B (Timing of Final Subdivision Approval), Condition C
(TIAR Requirement), Condition D (Affordable Housing Requirements), as well as
including requiring the applicant to change the State Land Use classification from
Agricultural to Rural (Condition H) and Fair Share requirements (Condition I).
Rezone Ordinance No. 07-127 - September 20, 2007: Amendment of Ordinance
No. 05 157; amending Condition B (Final Subdivision Approval timing), Condition C
(Access Improvements); Condition F (Solid Waste Management Plan), Condition G
(Water System Improvements) and Condition I (updated Fair Share requirements).
State Land Use Boundary, Amendment Docket No. A06-767 — June 10, 2008: Amend
the Agricultural State Land Use district boundaries into the Rural State Land Use district
for approximately 731.581 acres; includes the subject parcel area.
Rezone Ordinance No. 13-29 — March 13, 2013: Amendment of Ordinance No. 07-127;
amending Condition B (timing of Final Subdivision Approval), Condition C (Access
Improvements), Condition D (Pedestrian and Bicycle Right -of -Way Improvements),
Condition J (Park and Open Space requirements), and Condition K (updated Fair Share
contribution costs).
SUB -17-001716 — May 15, 2017: Subdivision approved to create subject parcel.
State Land Use Boundary Amendment Docket No. A06-767 — November 29, 2019:
The petition area (731.581 acres) was reverted by the LUC to the State Land Use
Agricultural district, and the cancellation and release of all conditions imposed by the
011111111,12
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7. General Plan LUPAG Map Designation: Rural (rur) and Open (ope). For reference the
Rural designation includes: existing subdivisions in the State Land Use Agricultural and
Rural Districts that have a significant residential component. These subdivisions may
contain small farms, wooded areas, and open fields as well as residences. Allowable uses
within these areas, with appropriate zoning, may include commercial facilities that serve
the residential and agricultural uses in the area, and community and public facilities. The
rural designation does not necessarily mean that these areas should -be further
subdivided to smaller lots. Most lack the infrastructure necessary to allow further
subdivision. The Open designation includes parks and other recreational areas, historic
sites, and .open shoreline areas.
8. County Zoning: Residential and Agricultural -1 Acre (RA -1 a) and Open (0).
9. Special Management Area (SMA): The property is not situated within the Special
Management Area as it is 4.5 miles from the nearest coastline.
DESCRIPTION OF PROPERTIES AND SURROUNDING AREA
10. Subject Property: The subject parcel is irregularly shaped and is accessed via Waikoloa
Road. Currently, there are no structures or improvements on the parcel. The site is r,
situated between 1,000 to 1,100 -foot elevation. The site slopes down from east to west
with the highest point being at the south eastern end of the parcel, however it is
considered generally flat. The parcel is generally barren, with typical scrub/brush type
vegetation, old paths, 4 -wheel drive ruts and some exposed bedrock. There is a drainage
ditch that cuts across the entire parcel, approximately parallel to Waikoloa Road.
11. Surrounding Zoning/Land Uses: The project site is bounded to the south and east by
Open and RA -1a zoned parcels. There are no existing structures or development other
than an electrical substation located in this area. To the west, the parcel is bounded by an
11 -acre Agricultural 5 -acre (A -5a) zoned parcel, which is presently undeveloped and
unkept land. Further west, across Pua Malia Street is the Waikoloa Plaza, which is a large
commercial development on property zoned Village Commercial (CV -10). Directly north
across Waikoloa Road are properties zoned A -5a, which includes the Waikoloa Stables
facility. Additionally, there is an undeveloped parcel zoned Village Commercial (CV -20)
adjacent to the stables. To the northwest across Paniolo Drive and Waikoloa Road is the
Waikoloa Highlands Shopping Center, which zoned CV -10.
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12. ALISH: Unclassified.
13. Land Study Bureau's Detailed Land Classification System: "E" or Very Poor.
14. U.S. Soil Survey: The soils on the site are classified as Hapuna-Waikui-Lalamilo
complex, extremely cobbly medial silt loam, with 0 to 20% slopes. This soil is well
drained with a varied runoff classification; the erosion hazard is slight.
15. FEMA: Zone "X", which is determined to be an "Area of Minimal Flood Hazard."
According to DPW -Engineering. It is recommended that the applicant submit a flood
study, meeting the approval of DPW, to address off-site drainage and supporting data for
the areas indicated as "Flood Route 1" on Fig. 1 of the application.
16. Flora/Fauna Resources: According to the applicant, a botanical survey was conducted
in 1988, as well as a review of the site as part of the Waikoloa Highlands Environmental
Inventory Survey (EIS). The study found no threatened or endangered plants on the
project site. Some common native plants can be found mixed in with the invasive grasses
and shrubs that dominate the area. Surveys conducted for the Waikoloa Highlands EIS
found nine (9) species that frequented the project area; however, all are considered
introduced species. The Hawaiian short -eared owl (Pueo) can be found in the grasslands
of South Kohala surrounding Waikoloa. No threatened or endangered birds were detected
in surveys, and the threatened Newell's shearwater can overfly the area between the
months of May to November. Additionally, the surveys recorded only common,
introduced mammals within the project area. Although not detected during the survey, it
is likely the Hawaiian Hoary Bat occasionally overflies the area. However, as there is
limited to no suitable vegetation for bat roosting, it is unlikely that the proposed
development would impact the species. The site has remained undeveloped and is
overgrown; the applicant states the site has been browsed by feral goats and donkeys for
years and as such the predominant plant species is fountain grass.
17. Archaeological, Historic, Cultural Resources: According to the applicant, three (3)
archeological studies have been, conducted in the project area and are detailed in the
Waikoloa Highlands EIS. More recently in 2006, a "survey was unable to relocate a
previously identified site in the larger Waikoloa Highlands area, and it was presumed
destroyed or located outside the EIS project area. The EIS went on to conclude that no
further archeological study was warranted. However, � if needed, an archeological
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a
monitoring plan can be prepared and implemented in conjunction with further land
clearing activities. The applicant states the project site is not adjacent and/or proximate to
the shoreline, as such, gathering of marine life or coastal access is not an issue. It is not
known whether the subject parcel or immediate area was used in the recent past for
gathering of plants by native Hawaiians. The applicants have not observed any native
Hawaiians gathering plants on the site or the adjoining properties, therefore it seems
unlikely there would be such resources. If legitimate gathering claims are made by native.
Hawaiians, the applicants intend to respect and honor such claims and provide the legal
and necessary access within the site. Planning Staff has submitted a request for HRS
Chapter 6E review of the proposed project. The Planning Department has not received a
response from SHPD at the time of this writing.
18. Public Access: There is no known public access to the mountain or shoreline that
L
traverses through the subject properties.
19. Traffic: According to the applicant, a Traffic Impact Analysis has not yet been
performed. Based on the planned addition of 36 residential units, the applicant believes
that fewer than 50 peak hourly trips would likely be generated. At the time that further
development of the commercial lots is planned traffic impacts studies will be performed
and the required mitigation implemented. In June 2019, a subcommittee of the South
Kohala CDP Action Committee (AC) produced a report speaking to the need for Paniolo
Road/Waikoloa Road intersection improvements. The AC states that "allowing
development density to increase without proper traffic studies and built solutions would
be a negligible permitting practice unless proper conditions or -assurances are in place".
Additionally, the AC further states: "the requirement of the TIAR is not triggered by the
construction of the housing units exclusively, but by the change of zone application itse r'
(Planning Department Exhibit 4 — SKCDP Action Committee Report). Staff notes
that by letter dated September 24, 2019, the Planning Department stated: The proposed
uses trigger the need for a Traffic Impact Analysis Report (TIAR) per Section 25-2-46 (d)
of Hawaii County Code (Zoning Code). Please provide a TIAR meeting the requirements
of the Zoning Code." To date the applicant has not submitted a TIAR or similar traffic
impact study. (Planning Department Exhibit 5 — September 24, 2019 better).
Similarly, the Department of Public Works (DPW) — Engineering Division states Traffic
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Impact Analysis Report (TIAR) may be required by the Traffic division. ' DPW also
l
commented that the applicant shall construct the roundabout improvements to the
intersection of Waikoloa Road and Paniolo Avenue, meeting with the approval of the
DPW. The roundabout improvements shall be completed prior to the issuance of any
Certificate of Occupancy for the subject property.
PUBLIC UTILITIES AND SERVICES
20. Access: Access to the subject parcel would be from Waikoloa Road, approximately
1000 -feet east of the Waikoloa Road/Pua Melia intersection. Waikoloa Road is a County
owned and maintained roadway with a right-of-way (ROW) width of 120 feet and a
pavement width of generally 40 feet in the immediate area. All the proposed lots will be
served by access from Waikoloa Road and no other access points are proposed. The
Department of Public Works — Engineering Division (DPW) commented that access to
Waikoloa Road may include the provision for channelization within the ROW with
dedicated right and left turn lanes. The DPW also recommends that the applicant provide
improvements to the subject property's Waikoloa Road frontage consisting of, but not
limited to, pavement widening with concrete curb, gutter, and sidewalk, drainage
improvements, and driveway and sidewalk rehabilitation meeting the requirements of the
Americans with Disabilities Act and the approval of the Department of Public Works.
21. Water: Waikoloa Village is supplied water by the Hawaii Water Service (HWS). There
is a HWS 20 -inch water line fronting Waikoloa Road. According to the applicant there is
adequate water available for the proposed development and fire protection. Based on a
letter from the HWS the project site is within the existing service territory if the West
Hawaii Water Company (WHWC) and, therefore, can be served by the WHWC subject
to the issuance of a will serve letter and in accordance with WHWC's rules and
regulations. WHWC can confirm the availability of water for the project although it is not
secured until such time as an Extension Agreement is executed and Contribution in Aid
of Construction is paid. Any connections to the WHWC system are the responsibility of
the developer/landowner. According to the Department of Water Supply (DWS) the
following minimum requirements must be complied with for subdivision approval:
1) Provide a water system designed to deliver water at adequate pressure and volume
under - peak -flow and fire -flow conditions in accordance with the Water System
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Standards. The water system shall include, but not be limited to, the installation of the
necessary distribution pipeline, fire hydrants, and service laterals, 2) Submit construction
plans to the Department for review and approval, and 3) Pay a fee of four -tenths of one
(1) percent of the estimated costs for the construction of the water system, but not less
than $50.00, to cover the costs for plan review, testing, and inspection.
22. Wastewater: The applicant states the HWS operates the private sewer in Waikoloa and
is willing to service the project site via the West Hawaii Sewer Company (WHSC).
According to the WHSC the project site is not currently within the existing service
territory of WHSC but WHSC is more than willing to serve the project site as long as
PUC grants approval to expand the WHSC service territory to include the project site.
While WHSC is the only service provider in this area, territory expansion must be
approved by the PUC prior to development. The applicant did not provide any alternative
to wastewater treatment if PUC fails to approve the expansion.
23. Solid Waste: According to the applicant, solid waste will be handled through
commercial haulers or the individual homeowners into authorized landfill sites or transfer
stations.
24. Essential Utilities and Services: All essential utilities are available to the project site.
Police and fire services are available within two (2) miles of the project site. It should be
noted that there is no adequate coverage of warning sirens for Civil Defense, therefore
the applicant intends to install a new Civil Defense Siren and integrate it into the Hawai'i
Civil Defense system.
AGENCIES' COMMENTS
25. Department of Public Works - Engineering: (Planning Department Exhibit 6 —
June 5, 2020 Memo).
26. Department of Water Supply: (Planning Department Exhibit 7 — June 1, 2020
Letter)
27. Department of Environmental Management: (Planning Department Exhibit 8 —
May 18, 2020 Memo)
28. Fire Department: (Planning Department Exhibit 9 — May 14, 2020 Memo)
29. State Department of Health: (Planning Department Exhibit 10 — June 5, 2020
Memo)
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J
30. DLNR-DOFAW: (Planning Department Exhibit 11— June 3, 2020 Memo)
31. DLNR - Engineering: (Planning Department Exhibit 12 —May 26, 2020 Memo)
32. State Land Use Commission: (Planning Department Exhibit 13 — May 28, 2020
Letter)
AGENCIES AND ORGANIZATIONS — NO COMMENT
33. State Department of Transportation; DLNR — Land Division and Police.
AGENCIES AND ORGANIZATIONS - NO RESPONSE
34. DPW- Traffic, DPW - Building, DLNR-State Historic Preservation Commission and
HELCO.
APPLICANT'S RESPONSE TO AGENCIES' COMMENTS
35. The applicant has submitted the following in response to agency comments: (Planning
Department Exhibit 14 — April 6, 2020 Letter from Applicant)
PUBLIC COMMENTS
36. To date no public comments have been submitted to the Planning Department.
0
ZONING
§ 25-5-115
Section 25-5-115. Minimum building site average width.
Each building site in the CG district shall have a minimum building site average
width of sixty feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-116. Minimum yards.
The minimum yards in the CG district shall be as follows:
(1) Front or rear yards, fifteen feet; and
(2) Side yards, none, except where the adjoining building site is in an RS, RD, RM
or RCX district. Where the side yard adjoins the side yard of a building site in
an RS, RD, RM or RCX district, there shall be a side yard which conforms to
the side yard requirements for dwelling use of the adjoining district.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-117. Landscaping of yards.
(a) All front yards in the CG- district shall be landscaped, except for necessary access
drives and walkways, and except for the construction of one single-family dwelling
and accessory buildings per lot.
(b) Where any required side or rear yard'in the CG district adjoins a building site in an
RS, RD, RM or RCX district, the side or rear yard shall be landscaped with a
screening hedge not less than forty-two inches in height, within five feet of the
property line, except for necessary drives and walkways, and except for the
construction of one single-family dwelling and accessory buildings per lot.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 12.)
Section 25-5-118. Other regulations.
(a) Plan approval ,shall be required for all new structures and additions to existing
structures in the CG district, except for construction of one single-family dwelling
and any accessory buildings per lot.
(b) Exceptions to the regulations for the CG district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 13; am 2015,
ord 15-33, sec 4.) -
Division 12. CV, Village Commercial Districts.
Section 25-5-120. Purpose and applicability.
The CV (village commercial) district provides for a broad range or variety of
commercial and light industrial uses that are necessary to serve the population in rural
areas where the supplementary support of the general business uses and activities of a
central commercial district is not readily available.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
25-107 Planning Dept.
Exhibit,. r
25-5-121 HAWAII COUNTY CODE
Section 25-5-121. Designation of CV districts.
Each CV (village commercial) district shall be designated by the symbol "CV'
followed by a number which indicates the minimum land area, in number of thousands
of square feet, required for each building site.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-122. Permitted uses.
(a) The following uses shall be permitted in the CV district:
(1) Adult day care homes.
(2) Amusement and recreation facilities, indoor.
(3) Art galleries, museums.
(4) Automobile sales and rentals.
(5) Automobile service stations.
(6) Bars.
(7) Bed and breakfast establishments, as permitted under section 25-4-7.
(8) Boarding facilities, rooming, or lodging houses, provided that the maximum
density shall be one thousand two hundred fifty square feet of land area per,
rentable unit or dwelling unit.
(9) Business services.
(10) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(11) Churches, temples and synagogues.
(12) Commercial parking lots and garages.
(13) Community buildings,_ as permitted under section 25-4-11.
(14) Convenience stores.
(15) Crematoriums, funeral homes, funeral services, and mortuaries.
(16) Crop production.
(17) Day care centers.
(18) Dwellings, double -family or duplex, provided that the maximum density shall
be one thousand two hundred fifty square feet of land area per rentable unit or
dwelling unit.
(19) Dwellings, multiple -family, provided that the maximum density shall be one
thousand two hundred fifty square feet of land area per rentable unit or
dwelling unit.
(20) Dwellings, single-family.
(21) Family child care homes.
(22) Farmers markets. When the vending activity in a farmers market -involves
more than just the sale of local fresh and/or raw produce, plant life, fish and
local homegrown and homemade products for more than two days a week, the
director, at the time of plan approval, shall restrict the hours of use,
maintenance and operations and may require improvements as determined
appropriate to ensure its compatibility with the existing character of the
surrounding area.
(23) Financial institutions.
25-108
ZONING
§ 25-5-122
(24) Group living facilities.
(25) Home occupations, as permitted under section 25-4-13.
(26) Hospitals, sanitariums, old age, convalescent, nursing and rest homes and
other similar uses.
(27) Hotels, when the design and use conform to the character of the area, as
approved by the director.
(28) Laboratories, medical and research.
(29) Lodges.
(30) Manufacturing, processing and packaging light and general, except for
concrete or asphalt products, where the products are distributed to retail
establishments located in the immediate community, as approved by the
director.
(31) Medical clinics.
(32) Meeting facilities.
(33) Model homes, as permitted under section 25-4-8.
(34) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(35) Offices.
(36) Personal services.
(37) Photography studios.
(38) Public uses and structures, as permitted under section 25-4-11.
(39) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating
shops, which are designed to primarily serve the local area.
(40) Repair establishments, major, when there are not more than five employees,
as approved by the director.
(41) Repair establishments, minor.
(42) Restaurants.
(43) Retail establishments.
(44) Schools.
(45) Short-term vacation rentals.
(46) Telecommunication antennas, as permitted under section 25-4-12.
(47) Temporary real estate offices, as permitted under section 25-4-8.
(48) Theaters.
(49) Utility substations, as permitted under section 25-4-11.
(b) In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the CV district, provided that a use permit is issued for each
use:
(1) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses, provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the state land use agricultural district
unless approved by the County before July 1, 2005.
(2) Major outdoor amusement and recreation facilities.
(3) Yacht harbors and boating facilities.
25-109
UNOFFICIAL ADVANCE SHEET — Updated on April 1, 2019.
Contains sec(s) affected since publication of Supp. 5 (1-2019). Official revision to be published in Supp. 6 (7-2019).
25-5-122 HAWAII COUNTY CODE
(c) Residential uses in connection with the operation of any permitted uses shall be
permitted in the CV district.
(d) Buildings and uses similar to the permitted uses listed in subsection (a) above shall
be permitted in the CV district, as approved by the director.
(e) Buildings and uses normally considered accessory to the uses permitted in this
section shall also be permitted in the CV district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 14; am 2014, ord
14-86, sec 12; am 2018, ord 18-114, sec 12.)
Section 25-5-123. Height limit.
The height limit in the CV district shall be thirty feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-124. Minimum building site area.
The minimum building site area in the CV district shall be seven thousand five
hundred square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-125. Minimum building site average width. -
Each building site in the CV district shall have a minimum building site average
width of sixty feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-126. Minimum yards.
The minimum yards in the CV district shall be as follows:
(1) Front or rear yards, fifteen feet; and
(2) Side yards, none, except where the adjoining building site is in an RS, RD, RM
or RCX district. Where the side yard adjoins the side yard of a building site in
an RS, RD, RM or RCX district, there shall be a side yard which conforms to
the side yard requirements for dwelling use of the adjoining district.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-127. Landscaping of yards.
(a) All front yards in the CV district shall be landscaped, except for necessary access
drives and walkways, and except for the construction of one single-family dwelling
and accessory buildings per lot.
(b) Where any required side or rear yard in the CV district adjoins a building site in an
RS, RD, RM or RCX district, the side or rear yard shall be landscaped with a
screening hedge not less than forty-two inches in height, within five feet of the
property line, except for necessary drives and walkways, and except for the
construction of one single-family dwelling and accessory buildings per lot.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 14.)
25-110
UNOFFICIAL ADVANCE SHEET — Updated on April 1, 2019.
Contains sec(s) affected since publication of Supp. 5 (1-2019). Official revision to be published in Supp. 6 (7-2019).
ZONING
§ 25-5-128
Section 25-5-128. Other regulations.
(a) Plan approval shall be required for all new structures and additions to existing
structures in the CV district, except for construction of one single-family dwelling
and any accessory buildings per lot.
(b) Exceptions to the regulations for the CV district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 15; am 2015,
ord 15-33, sec 4.)
Division 13. MCX, Industrial -Commercial Mixed Districts.
Section 25-5-130. Purpose and applicability.
The purpose of the MCX (industrial -commercial mixed use) district is to allow
mixing of some industrial uses with commercial uses. The intent of this district is to
provide for areas of diversified businesses and employment opportunities by permitting
a broad range of uses, without exposing nonindustrial uses to unsafe and unhealthy
environments. This district is intended to promote and maintain a viable mix of light
industrial and commercial uses.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-131. Designation of MCX districts.
Each MCX (industrial -commercial mixed use) district shall be designated by the
symbol "MCX" followed by a number which indicates the minimum land area, in
number of thousands of square feet, required for each building site.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-132. Permitted uses.
(a) The following uses shall be permitted in the MCX district:
(1) Agricultural products processing, minor.
(2) Amusement and recreation facilities, indoor.
(3) Art galleries, museums.
(4) Art studios.
(5) Automobile sales and rentals.
(6) Automobile service stations.
(7) Bars, nightclubs and cabarets.
(8) Broadcasting stations.
(9) Business services.
(10) Car washing.
(11) Catering establishments.
(12) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(13) Churches, temples and synagogues.
25-111
PETITIONER'S SIGNATTE:
ADDRESS: 730 Highway 169, Tower '95/9'0-8232 rV1
A,
PETITIONER'S INTEREST IF NOT OWNER: Manager
TELEPHONE:(Bus.) (218) 410-0284 (Res.)
LANDOWNER(S): Pua elia LLC ,
LANDOWNER SIGNATUR/.
(If(Ifj be y 1 tter)
ADDRESS: 730 HiQhwav 169, Tower IVIN 55790-8232
TAX MAP KEY: (3) 6-8-002:057
(Fax) w ...`
-
17
I -;A :
Q
STREET ADDRESS OF PROPERTY: 68-1845 Waikoloa Rd #104, Waikoloa Villaae, HI 96738
ZONING: Open and RA -1 a SIZE OF PROPERTY: 11.707 ac
CURRENT STATE LAND USE DISTRICT CLASSIFICATION: - _ I/� r i moi.-E-u,r�
REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Urban
AGENT: ZENDO KERN PLANNING CONSULTANT LLC
ADDRESS: - 194 Wiwoole St, Hilo HI 96720
TELEPHONE: (Bus.). (808)333-3393 (Res.)
(Fax)
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Agent COPIES: Applicant
(See Instructions on Reverse Side) Planning De -Ph
Exhibit L-
R
STATE LAND USE BOUNDARY AMEN' ;IENT�A'P ICATION
7 2020
(15 ACRES OR -LE
4
E D
COUNTY OF HAWAIIIR
-'-.
uhTf
PLANNING DEPARTMENTIDEV.
Y '1-3
(Type or legibly print thereque formation)
PETITIONER: Dannv Julkow-
ki r,
PETITIONER'S SIGNATTE:
ADDRESS: 730 Highway 169, Tower '95/9'0-8232 rV1
A,
PETITIONER'S INTEREST IF NOT OWNER: Manager
TELEPHONE:(Bus.) (218) 410-0284 (Res.)
LANDOWNER(S): Pua elia LLC ,
LANDOWNER SIGNATUR/.
(If(Ifj be y 1 tter)
ADDRESS: 730 HiQhwav 169, Tower IVIN 55790-8232
TAX MAP KEY: (3) 6-8-002:057
(Fax) w ...`
-
17
I -;A :
Q
STREET ADDRESS OF PROPERTY: 68-1845 Waikoloa Rd #104, Waikoloa Villaae, HI 96738
ZONING: Open and RA -1 a SIZE OF PROPERTY: 11.707 ac
CURRENT STATE LAND USE DISTRICT CLASSIFICATION: - _ I/� r i moi.-E-u,r�
REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Urban
AGENT: ZENDO KERN PLANNING CONSULTANT LLC
ADDRESS: - 194 Wiwoole St, Hilo HI 96720
TELEPHONE: (Bus.). (808)333-3393 (Res.)
(Fax)
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Agent COPIES: Applicant
(See Instructions on Reverse Side) Planning De -Ph
Exhibit L-
COUNTY BACKGROUND INFORMATION
STATE LAND USE BOUNDARY AMMENDMENT APPLICATION
DANNY JULKOWSKI
WAIKOLOA SOUTH KOHALA, HI 96738
TMK: (3) 6-8-002:057
I. INTRODUCTION
Danny Julkowski ("applicant") is requesting the rezoning of a 11.707 -acre
parcel of land in Waikoloa, Hawaii from Open (0) and Residential and
Agriculture (RA -1a) to Village Commercial (CV -10), concurrently with this
application. The subject property is designated Agricultural. The applicant is
requesting a State Land Use Boundary Amendment to reclassify the subject
property to the Urban district. The property is located off Waikoloa Road
approximately 0.3 miles east of its intersection with Pua Melia Road / Paniolo
Avenue. (Figure 1).
If approved, the applicant intends to subdivide the 11.707 -acre parcel into
nine (9) lots, consisting of a minimum of 12,840 square feet each. The
applicant wishes to affordable housing project on one of the lots and offer
other parcels for fee simple sale. The applicant may also build a hardware
sore on one of the parcels at a later date.
II. PROJECT LOCATION
As noted earlier, the subject property is located off Waikoloa Road
approximately 0.3 miles east of its intersection with Pua Melia Road / Paniolo
Avenue. (Figure 1).
111. PROJECT DESCRIPTION
A. Prosect Concept and Components
The subject site consists of 11.707 -acres and is currently vacant of
any structures. The applicant wishes to subdivide the subject property
into nine (9) lots, building an affordable housing project on the largest
lot (3.75 acres), possibly eventually building a hardware store on
another, and offering the remaining lots for)sale. If approved, the
proposed lots would consist of a minimum of 12,840 square feet in
size. As proposed, access to the newly created lots would be by a
new road meeting County dedicable standards (Figure 2).
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The affordable housing development will consist of 36 units in seven
quad-plex and four duplex buildings as shown in Figure 3 a -e. 60% to
80% of the units will be affordable to households with incomes at or
below 140% of median income.
All lots will have water supplied by Hawaii Water Service. The
subdivision will have fire hydrants per the County Code requirement,
as well as,overhead utility lines for power, phone and cable services.
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.
B. Prosect Timetable and Cost
The applicant hopes to secure the Boundary Amendment and County
rezoning approval as soon as possible and begin the subdivision
process immediately thereafter.
Tentatively, plans call for securing subdivision approval by the end
2020. There after the applicant will construct the necessary
improvements within the subdivision. The estimated timeframe to
complete the infrastructure improvements and obtain final subdivision
approval is approximately 24 months. The estimated cost of
improvements for this project will be $4,000,000.
IV. INSTITUTIONAL CONSIDERATIONS
A. State Land Use
The subject site is designated State Land Use Agricultural.
Concurrently with this rezoning request a State Land Use Boundary
Amendment Application is being submitted to make the property fall
exclusively within the Urban State Land Use classification. Based on
the proposed lot size, no State Land Use"Commission action is
required. The County of Hawaii can process the Boundary
Amendment request.
4
B. County General Plan
The County General Plan Land Use Pattern Allocation Guide
("LUPAG") map designates the subject site as Open and Rural. This
designation does not support the change of zone to CV -10 however
the LUPAG map is a guide and not "set in stone". The LUPAG map
designation of Medium Density Urban which would support such a
request is approximately 360 feet to the west of the subject property.
Further the property located directly across Waikoloa Road is zoned
CV -10. Therefore, the request would be generally consistent with the
surrounding uses and LUPAG map. Additionally, the affordable
housing component is needed in this area and should further
underscore the viability of this request and the need for a small
amount of latitude with respect to the LUPAG map designation.
C. South Kohala Community Development Plan
The South Kohala Community Development Plan (KCDP) attempts to
further define the General Plan and serves as a guide for decision -
makers. The SKCDP further designates the subject parcel in the
Waikoloa Village Conceptual Plan as part of the now defunct Waikoloa
Highlands Development. The applicant purchased the subject property
in 2018 and is in no way related to Waikoloa Highlands / Waikoloa
Mauka, LLC., and this request for rezoning should be considered
independently. Adjacent areas, on the other side of Pua Melia Rd.
(approximately 360 -feet from the subject property), are planned for
commercial center development, and just to the south of that is
planned for urban expansion and industrial.
Waikoloa Policy 1. Provide Infrastructure and Facilities for a
Growing Community shall be an overarching planning policy for
Waikoloa Village. The County shall work closely with the Waikoloa
Village Community and area developers such that funding for
important infrastructure projects and community facilities is provided
Waikoloa Policy 2. Environmental Stewardship, Sense of Place
Open Space shall be an overarching land use policy for Waikoloa
Village. Land use decisions shall be based on sustainable
management of the open grass lands and natural resources of the
Waikoloa area.
Waikoloa Policy 4. Encourage Affordable Housing and Smart
Growth by concentrating development in areas that are already zoned
for Resort, Residential, Commercial, and Industrial growth or areas
3
that are otherwise appropriate for businesses that address the needs
of this community. (emphasis added)
D. ' County Zoning
The County zoning of the subject property is Open (0) and Residential
and Agriculture (RA -1 a). The majority of the surrounding properties
are zoned CV -20, CV -10, RA -1 a and Open. The lot to the north on the
opposite side of Waikoloa Road from the subject property was
previously rezoned from A -5a to CV -20 in accordance with Ordinance
No. 13-28 on March 13, 2013.
If approved, the site 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 (CV -10) zone would be adhered to.
E. Relationship to SMA Obiectives and Policies
The site is located 4.5 miles from the coast, outside of 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 4.5 miles
from the shoreline at an elevation of approximately 1,000 to 1,100
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.
The likelihood of this improvement having any impacts on the area's
historic resources is not high. However, in the event any
archaeological features are found during any 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.
The proposed action may eventually involve the construction of
improvements (particularly commercial and residential units) in a
village commercial setting. Accordingly, there is a potential visual
4
impact to the area's scenic and open space resources. However,
the project would involve the construction of, at most, 11.7 -acres of
commercial buildings. This would be in line with the current and
planned development occurring along Pua Melia St. just to the west of
the subject property: Furthermore, there are no notable scenic vistas
or residences nearby that will be impacted by the proposed project.
Relative to the Coastal Ecosystems, impacts should be negligible, if
at all, as the site is located approximately 4.5 miles from the ocean
with a 1,000+ foot elevation. All storm water runoff generated by the
development would be retained on site and managed by approved
structures (dry wells or similar).
The proposed action will result in creating the potential for commercial
development near the Village center. This should provide additional
opportunities for employment and economic development. In so doing,
the project could aid 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. 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 CV -10, and the requested use and
design/parameters (parking, height, 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 and Planning Commission Rule No. 9 relating
to Special Management Area.
A
F. Other Permitting Requirements
As noted earlier, other 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 parcel is irregularly shaped and is accessed via Waikoloa Road,
which is a County owned and maintained paved access road.
Currently there are no structures on the site.
The site is situated at the 1,000 to 1,100 -foot elevation level. The site
slopes downward from east to west and has a slight slope from south
to north, with the highest point being at the south eastern end of the
property. There appears to be no major topographic constraint to
development.
The annual median rainfall for this area is approximately 13 inches.
The average daily temperature is 71 degrees and ranges from a
minimum of 63 degrees to 81 degrees Fahrenheit. Wind patterns are
generally westerly during the day and easterly during the evenings.
B. Soils and Topography
According to the Natural Resource Conservation Service's Land Study
Bureau Overall Master Productivity Rating, the site appears to have a
designation of "E" or "very poor."
The soil for the subject site is of the Hapuna-Waikui-Lalamilo complex
extremely cobbly medial silt loam, with 0 to 20 percent slopes. It is
well drained with a runoff class of low or high (Waikui vs Hapuna) and
the erosion hazard is slight.
According to the Agricultural Lands of Importance to the State of
Hawaii (ALISH) classification system the subject property is
"unclassified."
As noted earlier, the topography of the site slopes in an east to west
direction, with the lower portion being at the west end. The slope
across the subject property is approximately 5 percent.
0
C. Natural Hazards
1. Drainage
The Federal Emergency Management Agency (FEMA) Flood
Insurance Rate map (FIRM) identifies the project area as Zone
"X" (areas outside of the 500 -year flood). There is one small
drainage that crosses the site roughly parallel to Waikoloa Rd
approximately 150 to 200 ft from the property frontage. This
drainage is identified in the Waikoloa Highlands EIS as "Flood
Route 1". Studies were done to delimit the flood plains and
flood control plans for the EIS area by R.M. Towill Corporation
in 2006. Information from these reports will be used to design
culverts for the proposed road satisfying permit requirements.
The applicant has not observed any significant runoff or erosion
in the recent past on the subject site. Pursuant to County
drainage requirements, appropriate drywell and/or similar
means to capture runoff from any 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 9 to 1. All of Mauna Kea except for
high elevation and summit areas fall in the Zone 8 category.
The Building Code designates the entire island of Hawai'i
Earthquake Zone "D" and contains certain structural
requirements to address the relative seismic hazard. All
structures would have to comply with this standard.
3. Tsunami Hazard
As the site is located 4.5 miles from the ocean and sits at the
1,000 foot +/- elevation, it is located outside of the Civil
Defense's Tsunami Evacuation Zone.
D. Flora/Fauna
Botanical surveys conducted by Char and Associates in 1988 and
reviewed in the Waikoloa Highlands EIS found no Threatened or
7
Endangered plants on the project area. Some common native plants
can be found mixed in with the invasive grasses and shrubs but the
impacts to those plants will be minimal, as they are hardy and will
quickly re-establish on disturbed areas.
Surveys conducted by Rana Productions for the Waikoloa Highlands
EIS found nine species, all introduced, of birds using the project area,
including Black Francolins, Sky Larks and African Silverbills. The
Hawaiian Short -eared Owl, Pueo, can frequently be found in the
grasslands of South Kohala surrounding Waikoloa. No threatened or
endangered birds were detected in surveys, it is possible that the
endangered endemic Hawaiian Petrel and the threatened Newell's
Shearwater overfly the project area between the months of May and
November. Any exterior lighting will be shielded from shining upward,
in conformance with Hawai'i County Code § 14 — 50 et seq., to
minimize the potential for disorientation of seabirds.
Surveys found only common introduced mammals (dogs, cats, rats,
mongoose, and goats) in the project area. Although not detected
during surveys, it is likely the endangered Hawaiian hoary bat
occasionally over -flies the area. As there is not suitable vegetation on
the site for bat roosting, it is unlikely that the proposed development
will have negative impacts on this species.
The site has not been cleared or farmed in the recent past. However,
the site has been browsed by feral goats and donkeys for years. The
site's vegetation is mostly dominated by invasive fountain grass thus,
impacts on native species should be minimal.
E. Historic/Cultural/Archaeological Resources
Three archaeological studies have been conducted in the project area
and are detailed in the Waikoloa Highlands EIS. Most recently in
2006, Cultural Surveys Hawai'i undertook a survey and was unable to
relocate a previously identified site in the larger Waikoloa Highlands
area (Site 22), and it was presumed destroyed or located outside the
EIS project area. The EIS went on to conclude that no further
archaeological study was warranted. However, if needed, an
archaeological monitoring plan can be prepared and implemented in
conjunction with further land clearing activity.
Furthermore, in the event any inadvertent discoveries are made during.
any land disturbance activity relating to this project, work will cease
and the applicants will immediately notify the Planning Department
and the State DLNR and secure their clearances before proceeding
further.
G. 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 tradition and customary practices of this site.
In this situation, the subject site is not adjacent and/or proximate to the
shoreline. As such, gathering of marine life and coastal access is not
an issue.
It is not known whether the subject or immediate surrounding area
was used in the recent past for the gathering of plants by Native
Hawaiians. The applicants have not observed any Native Hawaiians
gathering plants on the site or the adjoining properties. Thus, it would
appear unlikely that the site would serve such purpose today.
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.
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.
H. Water andtoastal Resources
The subject site is located approximately 4.5 miles from the coastline
and sits at approximately 1,000 to 1,100 -foot elevation. The
remoteness from the coast combined with integration to the Hawaii
Water Service sewer system, impacts to coastal water quality should
not be significant. Further, being a non -coastal property, no coastal
access will be affected.
I. Noise, Air Qualitv, and Dust
A newly built road meeting all County regulations will serve as the
main access to the proposed lots. A slight increase in traffic will in turn
marginally increase the road noise in the area. Additionally, the
general area is a village commercial mix of uses. As such, the
9
corresponding noise level is comparable to the other existing uses in
the area.
There may, however, be short-term noise impacts associated with the
construction of infrastructure. In that event, contractors will be required
to comply with appropriate noise and related mitigation measures of
the State Department of Health.
j
The proposed development should not generate any direct air quality
impacts. The only discernible air quality impact could be associated
with the vehicular traffic to and from the site. While there will be an
impact to the ambient air quality, the impact should not be significant.
Especially considering higher EPA standards for automobile air
emissions, the air quality impact should be negligible.
All of the required parking areas within the project site must be paved
with an all-weather, dust free surface. As such, with the exception of
construction dust in the beginning, long term dust generated by the
project should be minimal.
J. 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, nor will the proposed rezoning and subdivision action
affect any of the scenic resources outlined in the General Plan.
VI. SOCIAL AND RELATED CONSIDERATIONS
A. Surrounding Land Uses
The land use in this area is generally suburban in nature with single-
family dwellings, condos, and supporting businesses. There are
parcels ranging in size from 3 -acres to several hundred acres or more
along Waikoloa Road. To date, all the residential development in
Waikoloa has been on the north side of Waikoloa Rd. There is a A -5a
10.8 -acre parcel to the west of the subject site. Also, there is a CV -20
14.6 -acre parcel to the north, across Waikoloa Rd. To the south and
east of the subject is the 716 -acre defunct Waikoloa Highlands
development zoned Open and RA -1 a. Several CV -10 parcels along
Pua Melia Rd lie approximately 360 -feet west of the subject property.
10
Given the existing and zoned conditions, the proposed boundary
amendment, rezoning and subdivision would not be incongruous with
the existing suburban nature of this area.
Further, the adjacent property to the north of the subject site was
rezoned in 2013 from A -5a to CV -20 in accordance with the Change of
Zone Application REZ 2012-000157.
B. Economic Impacts
The requested boundary amendment and zoning would have some
measure of economic impact, as it would make eight (8) additional fee
simple lots available. The applicant also intends to build an affordable
housing development and possibly eventually a hardware store on two
of the parcels. This could eventually provide more employment
opportunities to area residents. The project will also support
construction jobs and purchases from local suppliers.
C. Agricultural Impacts
The site has a LUPAG designation of Agricultural and has not had any
recent agricultural activities. The lot size, soil quality, and climate of
Waikoloa make it unsuited to intensive commercial agriculture. Given,
the nearby land use combined with the difficulty of the parcel for
agriculture, an Urban land use designation and village commercial
zoning would be consistent with land uses and zonings in the adjacent
areas.
VII. INFRASTRUCTURAL CONSIDERATIONS
A. Road
Access to the project would be from Waikoloa Rd. Waikoloa Road is a
County owned and maintained roadway with a right-of-way of 120 -
feet. The pavement width is generally 40 feet in the immediate area.
All new lots will be served by a new proposed road.
Traffic Impact Analysis has not yet been performed. Based on the
planned addition of 36 residential units, fewer than 50 peak hourly
trips would likely be generated. At the time that further development of
the commercial lots is planned (for the hardware store for instance),
traffic impact studies will be performed and required mitigation
implemented.
11
B. Water
Waikoloa Village is supplied by Hawaii Water Service. There is a
Hawaii Water Service 20 -inch water line fronting Waikoloa Road.
Adequate water is available for the proposed development and fire
protection. See attached "will serve" letter from Hawaii Water Service
(Exhibit 1)
C. Wastewater
Hawaii Water Service operates the private sewer in Waikoloa and is
willing to service the project subject to approval by the PUC. All newly
created lots are proposed to be served by Hawaii Water Service'/
S
West Hawaii Sewer Company.
D. Solid Waste
Solid waste will be handled through commercial haulers into
authorized landfill sites or transfer stations. With the requested CV -10
zoning, the potential for uses with toxic or related chemical waste
would be minimal, if at all.
E. Other Government Services
As this area is part of the Waikoloa Village area, it is already being
serviced. Based on the creation and impact of eight (8) additional lots,
no extension of government services would be required. There is a
Fire Station, Library and public school all located within 2 miles of the
subject site. The nearest police station is located in Waimea, 18 miles
away. In addition, there are recreation facilities in the general area as
well.
However, Hawaii County Code Section 25-2-46 (0)(3), relating to
Concurrency requirements states Any combination of residential units,
commercial space and industrial space equal or greater than thirty-five
thousand square feet of gross floor area; unless existing civil defense
sirens, as determined by the State Civil Defense, are available to
provide adequate warning coverage across the entire project site or
that the provision of civil defense sirens to provide such coverage is
integrated as part of the zoning amendment or application for
extension of time to perform a condition of zoning amendment. As
such the applicant intends to install a new Civil Defense siren and
integrate it to the Hawaii Civil Defense System.
12
As such, the project should not result in the extension of any other
government services. Further, the required public facilities are located
reasonably proximate to the subject site.
F. Other Utilities
All other utilities such as telephone and electrical services are
available to the site.
VIII. IMPACT SIGNIFICANCE ANALYSIS
A. Relationship Between Local Short -Term Uses of Environment
and Maintenance and Enhancement of Long -Term Productivity
If the request were denied, the short-term use of the area of the
proposed boundary amendment and rezoning would probably
continue in an idle state. The applicants would not have an opportunity
to create an affordable housing development and more potential for
commercial development to serve the community.
From a long-term productivity standpoint, the proposed additional
eight (8) lots could provide a heightened level of possibility in having
the land used for more valuable and productive purposes.
B. Irreversible and Irretrievable Commitment of Resources
As the site has been relatively disturbed in the past, it is not likely that
its development would result in an irreversible commitment of natural
or archaeological resources.
The soil on the parcel has a classification of "E" or very poor by the
Land Study Bureau. Given the poor quality of soil and climate of the
area the site is unlikely to be used successfully for commercial
agriculture.
Further, studies have concluded that it is not likely that the site has
any significant archaeological features. Again, if needed, a monitoring
program can be conducted during any land disturbance activity.
C. Mitigative Measures
The applicant intends to make improvements, if required, generally
consistent with the subdivision process. Also, if there is any
13
construction activity, contractors will be obligated to comply with
appropriate State noise and air quality standards.
Should unanticipated archaeological finds be discovered in
conjunction with any further development of the site, work will stop (as
is required by the State and County) and clearance willrbe secured
before work is resumed.
There is one small drainage that crosses the site roughly parallel to
Waikoloa Rd approximately 150 to 200 ft from the property frontage.
This drainage is identified in the Waikoloa Highlands EIS as "Flood
Route 1 ". Studies were done to delimit the flood plains and flood
control plans for the EIS area by R.M. Towill Corporation in 2006. Any
and all required grading or grubbing work"would be done in
conjunction with the required grading permits. 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 dislocated by this
project.
D. Alternatives to the Proposed Project
1. No Protect
Under the status quo alternative, the site could continue in its
idle state, overrun by invasive fountain grass and browsed by
feral goats. The potential for economic development would
largely be lost.
2. Evaluation of Alternatives
The project's impacts to the area's social and physical
infrastructure would not be pronounced. Certain mitigative
measures could be taken to address any possible impacts
associated by the development of this project.
In view of the aforementioned, it would appear that none of the
alternatives would be more prudent and beneficial than the
requested Urban designation and CV -10 zoning.
14
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 Open and
Rural. This designation does not support the change of zone to CV -10
however the LUPAG map is a guide and not "set in stone". The
LUPAG map designation of Medium Density Urban which would
support such a request is approximately 360 feet to the west of the
subject property. Further the property located directly across Waikoloa
Road is zoned CV -10. Therefore, the request would be generally
consistent with the surrounding uses and LUPAG map. Additionally,
the affordable housing component is needed in this area and should
further underscore the viability of this request and the need for a small
amount of latitude with respect to the LUPAG map designation.
B. General Plan Polices
The requested designation would be consistent with the goals,
policies, and standards of the General Plan document.
For one, it may provide economic opportunities, from increased
employment options and through the construction of any
improvements required for the subdivision. More importantly, however,
longer-term opportunities would be created largely in the added
amenities and resources available in Waikoloa Village. In so doing,
the resultant project should add revenues to the County and State
coffers.
The project intends to be energy conscious through the use and/or
encouragement of solar energy and design features to take advantage
of the sun and wind patterns.
Maintaining and improving the quality of the environment is important
to the success of this project. The General Plan identifies five (5)
areas of environmental concerns - air pollution, water quality, soil
pollution, solid waste disposal, and noise pollution. As proposed, the
project would not violate any of those objectives.
Aside from the very limited vehicular transmission, air pollution
associated with the project should be negligible. All wastewater would
be handled by the Hawaii Water Service sewer system. This should
15
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 the general commercial use. Any noise -generating
facility, such as air conditioners, would be carefully placed to minimize
their noise impacts to adjoining properties.
The vast majority of the project site is outside the boundaries of a
flood way. Nonetheless, if required, a drainage system will be
designed and constructed (especially in conjunction with the
subdivision approval process) in a manner to protect the property as
well as to minimize the volume of surface runoff generated by this
development.
The site does not appear to have historic sites according to studies
undertaken on and around the site. Nonetheless, work will cease if
unanticipated archaeological remains are discovered during the
development of this project. Work will resume only after proper
clearances from the State and/or County have been received.
While there has been sightings of the Hawaiian short -eared owl
(Pueo), this area is not their primary habitat. As such, the subject
project should not have any significant impacts on rare or endangered
plant or animal life in this area.
The proposed urban designation will help fulfil the objectives of the
housing element by creating eight (8) more lots, including a 36 unit
affordable housing development. 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 4.5 miles from the ocean and has
an elevation of 1,000 +/- feet, the usual coastal resources concern is
not pronounced. There will be no interference with shoreline access.
Further, through the use of Hawaii Water Service's sewer system,
impacts to the coastal water will be minimized.
There will be marginal impact to public facilities. The wastewater
system will integrate with the private sewer system, and the Hawaii
Water Service water line exists to the site. Vehicular access to the site
16
will be fully improved to County dedicable standards and the site is
accessible by emergency vehicles. Schools and other public facilities
are also located proximate to the site, most of them being less than 3
miles away.
Finally, in terms of the Land Use, Housing and Commercial
Development 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)
• Encourage a volume of construction and rehabilitation of housing
sufficient to meet growth needs and correct existing deficiencies.
(Housing Element)
• Encourage corporations and nonprofit organizations to participate
in Federal, State and private programs to provide new and
rehabilitated housing for low and moderate -income families.
(Housing Element)
• Continue to review codes and ordinances for overly stringent
restrictions that may impose unnecessary hardship and adopt
amendments if warranted. (Housing Element)
• Ensure that adequate infrastructure is available in appropriate
locations to support the timely development of affordable housing.
(Housing Element)
• Work with, encourage and support private sector efforts in the
provision of affordable housing. (Housing Element)
• Aid and encourage the development of a wide variety of housing to
achieve a diversity of socio-economic housing mix (Housing
Element)
• Provide for commercial developments that maximize convenience
to users. (Commercial Development Element)
• Provide commercial developments that complement the overall
pattern of transportation and land usage within the island's regions,
communities, and neighborhoods. (Commercial Development
`Element)
17
• 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)
• Encourage the concentration of commercial uses within and
surrounding a central core area. (Commercial Development
Element)
• The development of commercial facilities should be designed to fit
into the locale with minimal intrusion while providing the desired
services. Appropriate infrastructure and design concerns shall be
incorporated into the review of such developments. (Commercial
Development 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
ni--qr:ijssinn
In view of the foregoing goals and policies, it is noted that the
requested boundary amendmentWouldbe generally compatible with
the 'surrou6ding area. The LUPAG map designation of Medium
Density Urban which would support such a request is approximately
360 feet to the west of the subject property.
As Waikoloa Village and its surrounding area continues to grow, there
will be a need for more village commercial zoned lands. This request
also reflects this demand. The subject project, in addition to
attempting to meet this need, also, fulfills other policies and standards
articulated in the General Plan. The site is already serviced by
adequate infrastructure — a 20 -inch water line already exists at the
site, police and fire protective services are available nearby, adequate
sewer system capacity exists at the site, and all other utilities are
available to the site. As such, this development should not require
additional public services to be provided.
The_ soil of the- site is classified "E" or very poor by the Land Study
Bureau and the climate of Waikoloa is generally not conducive to
commercial agriculture.
The property has no severe topographic or geologic problems that
would render the land unusable for the proposed subdivision and
activity. The prospects of the site serving as a habitat for rare or
endangered plant or animal -life appear remote. Likewise, surface and
subsurface archaeological remains do not appear to be likely on site.
C. South Kohala Community Development Plan --
As noted earlier, the South Kohala Community Development Plan
(SKCDP), specifically the Waikoloa Village Plan section, 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 goals and policies outlined in the SKCDP:
Waikoloa Policy 1. Provide Infrastructure and Facilities for a
Growing Community shall be an overarching planning policy for
Waikoloa Village. The County shall work closely with the Waikoloa
Village Community and area developers such that funding for
important infrastructure projects and community facilities is provided
Waikoloa Policy 2. Environmental Stewardship, Sense of Place
Open Space shall be an overarching land use policy for Waikoloa
Village. Land use decisions shall be based on sustainable
management of the open grass lands and natural resources of the
Waikoloa area.
Waikoloa Policy 4. Encourage Affordable Housing and Smart
Growth by concentrating development in areas that are already zoned
for Resort, Residential, Commercial, and Industrial growth or areas
that are otherwise appropriate for businesses that address the needs
of this community. (emphasis added)
Strategy 1.4 Develop a Major Commercial Center for Waikoloa
Village with shops, stores and small business opportunities...
There is no set timetable for any of these (Pua Melia and Waikoloa
Heights) "commercial" locations to be developed and there is no
certainty that they will in fact be developed for commercial services, or
for what types of businesses they may be developed. For this reason,
the community should give consideration to allow for additional
commercial locations where small to medium-sized businesses could
19
be established that serve the needs of the Waikoloa community. If
appropriately located, these businesses would add to the sense of
community and would reduce the amount of traffic to Waimea and
Kona.
D. Zoning and Subdivision
The designated zoning of the site'is RA -1a and Open. Should the CV -
10 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, however the State
Land use Boundary Amendment Application submitted concurrently
with this report requests a State Land Use Designation of Urban. The
requested rezoning to CV -10 should not be contrary to the requested
State Land Use Urban Standards. Further the very poor soils of the
subject site make it unsuitable for commercial agriculture.
F. Conformance to Urban District Standards
The proposed State Land Use Boundary Amendment conforms to
Hawai'i Revised Statutes Chapter 15-15 Section 18 as amended
October 11, 2013 in the following ways:
It shall include lands characterized by "city -like" concentrations of
people, structures, streets, urban level of services and other related
land uses;
It shall take into consideration the following specific factors:
• Proximity to centers of trading and employment except where the
development would generate new centers of trading and
employment.
The subject property is proximate to Waikoloa Village
(approximately 'Amile to the. main intersection of Waikoloa Road
and Paniolo Ave). The subject property is also reasonably close
(within 10 to 20 miles) of area resorts which are major employment
centers.
20
• Availability of basic services such as schools, parks, wastewater
systems, solid waste disposal, drainage, water transportation
systems, public utilities, and police and fire protection; and
sufficient reserve areas for foreseeable urban growth.
As this area is part of the Waikoloa Village area, it is already being
serviced. There is a Fire Station, Library, Post Office and public
school all located within 2 miles of the subject site. The nearest
police station is located in Waimea, 18 miles away. In addition,
there are recreation facilities in the general area as well.
Major urban expansion projects are planned and/or underway in
the Waikoloa area and there are hundreds of acres of land with
residential zoning that could be developed in coming years.
• It shall include lands with satisfactory topography, drainage, and
reasonably free from the danger of any flood, tsunami unstable soil
condition, and other adverse environmental effects
There are no seriou's topographic conditions making the property
unsuitable to urban development. There is one small drainage way
that crosses a portion of the parcel. The hydrology of this drainage
has been detailed in previous studies and poses no significant
hazard to potential development on the property with properly
designed and constructed road crossings.
• Land contiguous with existing urban areas shall be given more
consideration than non-contiguous land, particularly when
indicated for future urban use on state or county general plans or
county community plans or development plans.
The South Kohala Community Development Plan identified the
area including the subject parcel as an area of potential urban
development. Also, lands identified in the General Plan LUPAG
Map as Medium Density Urban are found approximately 360 feet
to the West of the subject property.
It shall include lands in appropriate locations for new urban
concentrations and shall give consideration to areas of urban
growth as shown'on the state and county community plans or
development plans.
21
As previously stated, the South Kohala Community Development
Plan identified the area including the subject parcel as an area of
potential urban development. Also, Lands identified in the General
Plan LUPAG Map as Medium Density Urban are found
approximately 360 feet to the West of the subject property.
• It may include lands which do not conform _to the standards in
paragraphs (1) to (5):
When surrounded by or adjacent to existing urban development;
and only when those lands represent a minor portion of this district
Though the subject parcel substantially conforms to above criteria,
the subject parcel is adjacent to existing urban development and
would represent a minor portion of this district.
• It shall not include lands, the urbanization of which will contribute
toward scattered spot urban development, necessitating
unreasonable investment in public infrastructure or support
services.
The subject parcel is proximate to the urban center of Waikoloa
Village and will not contribute to scattered spot urban
development.
It may include lands with a general slope of twenty percent of more
if the commission finds that those lands are desirable and suitable
for urban purposes and that the design and construction controls,
as adopted by any federal, state, or county agency, are adequate
to protect the public health, welfare and safety, and the public's
interests in the aesthetic quality of the landscape.
This criterion does not apply as the subject property has generally
5 to 15 % slope.
X. CONCLUSION
Based on the consistency of the proposed District Boundary Amendment
request with the County's land use policies, approval of this request would be
logical and reasonable.
In addition, the request will help fulfil the need for additional housing options
and help generate additional property tax revenue for the County during a
time of an impending budget crises.
22
Lastly, the requested density is consistent with the surrounding area and
properties. The alternative of leaving the land in an Agricultural designation
would not be a reasonable option and would greatly limit its potential land
use. While other zonings of an agricultural nature could be achieved, the
requested State Land Use designation of Urban is the most sensible.
23
HAWAII WATER SER irE
B
0
` ��`` ( Walkoloa, HI ?6738 Tel (877) 886-7784 i_ofi-h e
John Pipall
Land Use Aclm1t11s[raloi
Zendo Kern PIIIi1111111 (_ 011>Ultant LLC
January 6, 2020
Re- Proposed Project in Waikoloa Village: TMK (3)-6-8-002-057
Dear Mr. Pipan:
West Hawaii Water Company (`WHWC") and West Hawaii Sewer Company ("WHSC") are
certified by the Public Utilities Commission of the State of Hawaii ("Commission's) to provide
water and wastewater services to the Waikoloa area of Hawaii Island. State of Hawaii. You have
requested availability of water and sewer service for your project at TMK (3) 6-8-002-057 ("the
project").
The Project is within the existing service territory of WHVVC and, therefore, can be served by
WHWC subject to the issuance of a will serve letter and in accordance with WHWC's Rules and
Regulations. WHWC can confirm the availability of water for the Project although it is not
secured until such time as an Extension Agreementis executed and Contribution In Aid of
Construction is paid.
The Project is not currently within the existing service 'territory of WHSC but WHSC is more than
willing and able to serve the project with PUC approval of the expansion 'bf WHSC service
territory. As WHSC is the only operator of record in the Waikoloa area there is no foreseen
issues with obtaining service territory expansion However, it is ultimately left to the PUC to
decide.
This only letter only confirms the willingness to serve the Project. Any connections to our
systems is the responsibility of the developer.
Please feel free to contact us should you have any further questions or concerns.
Sincerely,
Robert Stout
Accounting Manager
UL IVOIGI.
hawaiiweater-gerv ic.,Exom
L fi
r
Exhibit
F
CHANGE OF ZONE!!A1 LICA JON
ED
of vipffi
I W
cru COUNTY OF H All
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: Danny Jul�ftski
APPLICANT'S SIGNA
ATE:
AD , DRESS: 730 Highway 169, Tower 1I X5760-8232
? CLQ
-5!
LIST APPLICANT'S INTEREST IF NOT OVINER-. Man
er- Pua Melia LLC
V
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS-
-
(218) 410-0284
PHONE:(Bus.) (Res.) (Fax)
LANDOWNER(S):
LANDOWNER SI(
LANDOWNER(S)
REQUEST- Open and RA -1 a TO CV -10
(Existing zoning) (Proposed Zoning
TAX MAP KEY- (3) 6-8-002:057
STREET ADDRESS OF PROPERTY: 68-1845 Waikoloa Rd #104, Waikoloa Village, HI 96738
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED
AGENT- ZENDO KERN PLANNING CONSULTANT LLC
ADDRESS: 194 Wiwoole St, Hilo Hi 96720
TELEPHONE: (Bus.) (808)333-3393 _(Res.)
11.707 ac
(Fax)
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL. Agent COPIES- Applicant
�rI
Planning Dept.
Exhib"I't 5
ATTACHMENT
C om m emia], RM , R esoLl,- & Industzal
PLANNING DEPARTMENT
COUNTY 0 F HAW AIT
APPLEATDN FOR CHANGE OF ZONE
ifyourmquestis approved, do you intend tD subdis de
the subj�cthnd ii accordance with the approved change
ofzone?
yes
Ifyes,paase answerthe restofquesthn Land then to
ques on 3.
a. How many acres of the requested area do you iitend to
subdivb.e?
11.7 ac,
Tnb whatbtsizes?
4.3, 5.9 acres
7 x 12,000+ SF
C. if youriequestis approved, appm_ in ately how bng
a$erthe date ofappmvaldo you e Ypectto submit
yoursubdisrisbn plans to the P lann:hg D epartrn ent
brpre]in nary approval
within 2 years
Ifyou intend to subdiT ie, please subm to pre]in:hary
schem at% subdivision phn togethe rw 1h your change of
zone app]-at:bn firm .
=. Ifyou nave no frri plans ofsubdirh:hg the subjE�ctama,
do you Mend to :
}. S eLorbase the land to som eone who has frn
pons?
b. SeLor lease the land -b som eone who has tentatkre
plans?
C. S e11or base the land to som eone who has no plans?
CI _ Keep iL2
e. other (phase state;
L Ifyou Mend tD do eith.era, b, or c, please elaborate
on the kind ofphns the otherparr.-y has. P -base, also,
ilcbde iz youranswerappm_�h at ly how soon after
appmvalofyourmzonizg do you e_pectto transferthe
subj:�ct- nd to anotherpaty.
3. W hatspec bu�ing plans do you have forthe sub�ctland?
1zcbde h youransw erthe fDIbw hg: type ofbuihing
(apahm ent� ofte, hundemtte, eta.); fnanciig'anangem ent;
ttn eiabla brconstructhn; and any otherizbm athn w h -h you
feelm ightheip us in evabathg yourmquest
Proposed Affordable Housing project on 4.3 ac lot, consisting of
36 units in seven quad-plex and four duplex building.
AwlUt "P*UJ h4l,*"
4 .
Have you perfD n ed any st-idy w high w ou-b dem onstrate a need fDr
yourpmposed bu:ling and/ordevebpm ent2 Yes
ifso, please elaborate on yourfrrd:hgs in the space pmvEed
bebw. .
See Attached Report
-2-
`!. Have you pero- nn ed any study which discusses the
env�onm entalin pacts yourrequestw ould nave on the
surmundiig ama and/orthe County? yes
If so, phase elaborate on your findings h the space
provided bebw. .
Environmental considerations were' detailed in the change of zone application.
All impacts were determined to be insignificant.
n. Are there anybu:l-bgs on the subjE�ctama? no
If so, w hatk nd?
W hatdo you intend iD do with those bui`b: gs ifyour
mquestis approved?
Is the subj�cthnd currently being used fDrany
agricu�tur�lact�rr? N o
ifso, phase Tstthe kinds ofpmducts gmwn on and
how m any square feetoracros of land perpmduct?
8. To yourknowbdge,has there been any fbodn.g and/or
dranage pmbbm on the subj�ctama? No
If so, phase descrbe the pmbbm .
u,
Do you thnk thatthe reads bac3-hg t( the subj�ctama
needs in pmvem enf
No
Ifso, whatknd?
Ts the mad adequate fDrthe pmposed traffic volim e
orbad?
Yes
10. W hatsortofgovemm entalassistance andbrin pmvem ents
do you belwillbe needed in the subjE�ctama when
devebped?
yes
NO
. S chooh
x
b. R oads
x
., Sewer
x
�. D mnage
x
\
e Pi -ole P mtectbn
x
f. Fjie P mtecthn
x
RecmatbnalFacilhes
x
h. R ecmat hnalFaciltaes
x
0 ther
-4-
Forthose checked'yles,"phase elaborate whattype orkilds of
mpmvem encs and/or assistance are needed.
11. H ave you perforin ed any httori-- sues stady and/orsurvey ofthe
subj�ctarea? if so, whatwere the resuts? P base, also,
subm -ta copy ofthe study mgeiherw th this change of zone
supphm ent
Studies were performed along with nearby EIS, and are detailed in report.
In short no historic sites were found in project area.
S jjnatum :
Address:
Telaphone:
D ate:
-5-
6338A/50A
P .D . 5/84
COUNTY ENVIRONMENTAL REPORT
COUNTY REZONING REQUEST (Open/RA-1 a to CV -10)
DANNY JULKOWSKI
WAIKOLOA, SOUTH KOHALA, HI 96738
TMK: (3) 6-8-002:057
I. INTRODUCTION
Danny Julkowski ("applicant") is requesting the rezoning of a 11.707 -acre
parcel of land in Waikoloa, Hawaii from Open (0) and Residential and
Agriculture (RA -1a) to Village Commercial (CV -10). The property is located
off Waikoloa Road approximately 0.3 miles east of its intersection with Pua
Melia Road / Paniolo Avenue. (Figure 1).
If approved, the applicant intends to subdivide the 11.707 -acre parcel into
nine (9) lots, consisting of a minimum of 12,840 square feet each. The
applicant wishes to build an affordable housing project on one of the lots and
offer other parcels for fee simple sale. The applicant may also build a
hardware store on one of the parcels at a later date.
II. PROJECT LOCATION
As noted earlier, the subject property is located off Waikoloa Road
approximately 0.3 miles east of its intersection with Pua Melia Road / Paniolo
Avenue. (Figure 1). J
III. PROJECT DESCRIPTION
A. Project Concept and Components
The subject site consists of 11.707 -acres and is currently vacant of
any structures. The applicant wishes to subdivide the subject property
into nine (9) lots, building an affordable housing project on the largest
lot (3.75 acres respectively), possibly eventually building a hardware
store on the other large lot (2.96 acres), and offering the other lots for
sale. If approved, the proposed lots would consist of a minimum of
12,840 square feet in size. As proposed, access to the newly created
lots would be by a new road meeting County dedicable standards
(Figure 2).
The affordable housing development will consist of 36 units in seven
quad-plex and four duplex buildings as shown in Figure 3 a -e. 60% to
in
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80% of the units will be affordable to households with incomes at or
below 140% of median income.
All lots will have water supplied by Hawaii Water Service. The
subdivision will have fire hydrants per the County Code requirement,
as -well as overhead utility lines for power, phone and cable services.
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.
B. Proiect Timetable and Cost
The applicant hopes to secure a State Land Use Boundary
Amendment and County rezoning approval as soon as possible and
begin the subdivision process immediately thereafter.
Tentatively, plans call for securing subdivision approval by the end of
2020. There after the applicant will construct the necessary
improvements within the subdivision. The estimated timeframe to
complete the infrastructure improvements and obtain final subdivision
approval is approximately 24 months. The estimated cost of
improvements for this project will be $4,000,000.
IV. INSTITUTIONAL CONSIDERATIONS
A. State Land Use
The subject site is currently designated Agricultural. Concurrently with
this rezoning request a State Land Use Boundary Amendment
Application is being submitted to make the property fall exclusively
within the Urban State Land Use classification. Based on the
proposed lot size, no State Land Use Commission action is required.
The County of Hawai'i can process the rezoning request.
B. County General Plan
The County General Plan Land Use Pattern Allocation Guide
("LUPAG") map designates the subject site as Open and Rural. This
designation does not support the change of zone to CV -10 however
the LUPAG map is a guide and not "set in.stone". The LUPAG map
designation of Medium Density Urban which would support such a
request is approximately 360 feet to the west of the subject property.
2
request is approximately 360 feet to the west of the subject property.
Further the property located directly across Waikoloa Road is zoned
CV -10. Therefore, the request would be generally consistent with the
surrounding uses and LUPAG map. Additiona'l'ly, the affordable
housing component is needed in this area and should further
underscore the viability of this request and the need for a small
amount of latitude with respect to the LUPAG map designation.
C. South Kohala Community Development Plan
The South Kohala Community Development Plan (KCDP) attempts to
further define the General Plan and serves as a guide for decision -
makers. The SKCDP further designates the subject parcel in the
Waikoloa Village Conceptual Plan as part of the now defunct Waikoloa
Highlands Development. The applicant purchased the subject property
in 2018 and is in no way related to Waikoloa Highlands / Waikoloa
Mauka, LLC., and this request for rezoning should be considered
independently. Adjacent areas, on the other side of Pua Melia Rd.
(approximately 360 -feet from the subject property), are planned for
commercial center development, and just to the south of that is
planned for urban expansion and industrial.
Waikoloa Policy 1. Provide Infrastructure and Facilities for a
Growing Community shall be an overarching planning policy for
Waikoloa Village. The County shall work closely with the Waikoloa
Village Community and area developers such that funding for
important infrastructure projects and community facilities is provided
Waikoloa Policy 2. Environmental Stewardship, Sense of Place
Open Space shall be an overarching land use policy for Waikoloa
Village. Land use decisions shall be based on sustainable
management of the open grass lands and natural resources of the
Waikoloa area.
Waikoloa Policy 4. Encourage Affordable Housing and Smart
Growth by concentrating development in areas that are already zoned
for Resort, Residential, Commercial, and Industrial growth or areas
that are otherwise appropriate for businesses that address the needs
of this community. (emphasis added)
D. County Zoning
The County zoning of the subject property is Open (0) and Residential
and Agriculture (RA -1 a). The majority of the surrounding properties
3
are zoned CV -20, CV -10, RA -1 a and Open. The lot to the north on the
opposite side of Waikoloa Road from the subject property was
previously rezoned from A -5a to CV -20 in accordance with Ordinance
No. 13-28 on March 13, 2013.
If approved, the site 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 (CV -10) zone would be adhered to.
E. Relationship to SMA Obiectives and Policies
The site is located 4.5 miles from the coast, outside of 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 4.5 miles
from the shoreline at an elevation of approximately 1,000 to 1,100
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.
The likelihood of this improvement having any impacts on the area's
historic resources is not high. However, in the event any
archaeological features are found during any 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.
The proposed action may eventually involve the construction of
improvements (particularly commercial and residential units) in a
village commercial setting. Accordingly, there is a potential visual
impact to the area's scenic and open space resources. However,
the project would involve the construction of, at most, 11.7 -acres of
commercial buildings. This would be in line with the current and
planned development occurring along Pua Melia St. just to the west of
the subject property. Furthermore, there are no notable scenic vistas
or residences nearby that will be impacted by the proposed project.
12
Relative to the Coastal Ecosystems, impacts should be negligible, if
at all, as the site is located approximately 4.5 miles from the ocean
with a 1,000+ foot; elevation. All storm water runoff generated by the
development would be retained on site and managed by approved
structures (dry wells or similar).
The proposed action will result in creating the potential for commercial
development near the Village center. This should provide additional
opportunities for employment and economic development. In so doing,
the project could aid 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. 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 CV -10, and the requested use and
design/parameters (parking, height, 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 and Planning Commission Rule No. 9 relating
to Special Management Area.
F. Other Permitting Requirements
As noted earlier, other permits would still be required. These would be
of the "ministerial" variety, such as Subdivision Approval, Building
Permits, etc.
9
V. ENVIRONMENTAL CONSIDERATIONS
A. General Description
The parcel is irregularly shaped and is accessed via Waikoloa Road,
which is a County owned and maintained paved access road.
Currently there are no structures on the site.
The site is situated at the 1,000 to 1,100 -foot elevation level. The site
slopes downward from east to west and has a slight slope from south
to, north, with the highest point being at the south eastern end of the
property. There appears to be no major topographic constraint to
development.
The annual median rainfall for this area is approximately 13 inches.
The average daily temperature is 71 degrees and ranges from a
minimum of 63 degrees to 81 degrees Fahrenheit. Wind patterns are
generally westerly during the day and easterly during the evenings.
B. Soils and Topography
According to the Natural Resource Conservation Service's Land Study
Bureau Overall Master Productivity Rating, the site appears to have a
designation of "E" or "very poor."
The soil for the subject site is of the Hapuna-Waikui-Lalamilo complex
extremely cobbly medial silt loam, with 0 to 20 percent slopes. It is
well drained with a runoff class of low or high (Waikui vs Hapuna) and
the erosion hazard is slight.
According to the Agricultural Lands of Importance to the State of
Hawaii (ALISH) classification system the subject property is
"unclassified."
As noted earlier, the topography of the site slopes in an east to west
direction, with the lower portion being at the west end. The slope
across the subject property is approximately 5 percent.
C. Natural Hazards
1. Drainage
The Federal Emergency Management Agency (FEMA) Flood
Insurance Rate map (FIRM) identifies the project area as Zone
Con
"X" (areas outside of the 500 -year flood). There is one small
drainage that crosses the site roughly parallel to Waikoloa Rd
approximately 150 to 200 ft from the property frontage. This
drainage is identified in the Waikoloa Highlands EIS as "Flood
Route 1". Studies were done to delimit the flood plains and
flood control plans for the EIS area by R.M. Towill Corporation
in 2006. Information from these reports will be used to design
culverts for the proposed road satisfying permit requirements.
The applicant has not observed any significant runoff or erosion
in the recent past on the subject site. Pursuant to County
drainage requirements, appropriate drywell and/or similar
means to capture runoff from any 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 9 to 1. All of Mauna Kea except for
high elevation and summit areas fall in the Zone 8 category.
The Building Code designates the entire island of Hawai'i
Earthquake Zone "D" and contains certain structural
requirements to address the relative seismic hazard. All
structures would have to comply with this standard.
3. Tsunami Hazard
As the site is located 4.5 miles from the ocean and sits at the
1,000 foot +/- elevation, it is located outside of the Civil
Defense's Tsunami Evacuation Zone.
D. Flora/Fauna
Botanical surveys conducted by Char and Associates in 1988 and
reviewed in the Waikoloa Highlands EIS found no Threatened or
Endangered plants on the project area. Some common native plants
can be found mixed in with the invasive grasses and shrubs but the
impacts to those plants will be minimal, as they are hardy and will
quickly re-establish on disturbed areas.
U
Surveys conducted by Rana Productions for the Waikoloa Highlands
7
EIS found nine species, all introduced, of birds using the project area,
including Black Francolins, Sky Larks and African Silverbills. The
Hawaiian Short -eared Owl, Pueo, can frequently be found in the
grasslands of South Kohala surrounding Waikoloa. No threatened or
endangered birds were detected in surveys, it is possible that the
endangered endemic Hawaiian Petrel and the threatened Newell's
Shearwater overfly the project area between the months of May and
November. Any exterior lighting will be shielded from shining upward,
in conformance with Hawai'i County Code § 14 — 50 et seq., to
minimize the potential for disorientation of seabirds.
Surveys found only common introduced mammals (dogs, cats, rats,
mongoose, and goats) in the project area. Although not detected
during surveys, it is likely the endangered Hawaiian hoary bat
occasionally over -flies the area. As there is not suitable vegetation on
the site for bat roosting, it is unlikely that the proposed development
will have negative impacts on this species.
The site has not been cleared or farmed in the recent past. However,
the site has been browsed by feral goats and donkeys for years. The
site's vegetation is mostly dominated by invasive fountain grass thus,
impacts on native species should be minimal.
E. Historic/Cultural/Archaeological Resources
Three archaeological studies have been conducted in the project area
and are detailed in the Waikoloa Highlands EIS. Most recently in
2006, Cultural Surveys Hawai'i undertook a survey and was unable to
relocate a previously identified site in the larger Waikoloa Highlands
area (Site 22), and it was presumed destroyed or located outside the
EIS project area. The EIS went on to conclude that no further
archaeological study was warranted. However, if needed, an
archaeological monitoring plan can be prepared and implemented in
conjunction with further land clearing activity.
Furthermore, in the event any inadvertent discoveries are made during
any land disturbance activity relating to this project, work will cease
and the applicants will immediately notify the Planning Department
and the State DLNR and secure their clearances before proceeding
further.
E'II
G. 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 tradition and customary practices of this site.
In this situation, the subject site is not adjacent and/or proximate to the
shoreline. As such, gathering of marine life and coastal access is not
an issue.
It is not known whether the subject or immediate surrounding area
was used in the recent past for the gathering of plants by Native
Hawaiians. The applicants have not observed any Native Hawaiians
gathering plants on the site or the adjoining properties. Thus, it would
appear unlikely that the site would serve such purpose today.
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.
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.
H. Water and Coastal Resources
The subject site is located approximately 4.5 miles from the coastline
and sits at approximately 1,000 to 1,100 -foot elevation. The
remoteness from the coast combined with integration to the Hawaii
Water Service sewer system, impacts to coastal water quality should
not be significant. Further, being a non -coastal property, no coastal
access will be affected.
I. Noise, Air Quality, and Dust
A newly built road meeting all County regulations will serve as the
main access to the proposed lots. A slight increase in traffic will in turn
marginally increase the road noise in the area. Additionally, the
general area is a village commercial mix of uses. As such, the
corresponding noise level is comparable to the other existing uses in
the area.
9
There may, however, be short-term noise impacts associated with the
construction of infrastructure. 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 air quality
impacts. The only discernible air quality impact could be associated
with the vehicular traffic to and from the site. While there will be an
impact to the ambient air quality, the impact should not be significant.
Especially considering higher EPA standards for automobile air
emissions, the air quality impact should be negligible.
All of the required parking areas within the project site must be paved
with an all-weather, dust free surface. As such, with the exception of
construction dust in the beginning, long term dust generated by the
project should be minimal.
J. 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, nor will the proposed rezoning and subdivision action
affect any of the scenic resources outlined in the General Plan.
VI. SOCIAL AND RELATED CONSIDERATIONS
A. Surrounding Land Uses
The land use in this area is generally suburban in nature with single-
family dwellings, condos, and supporting businesses. There are
parcels ranging in size from 3 -acres to several hundred acres or more
along Waikoloa Road. To date, all the residential development in
Waikoloa has been on the north side of Waikoloa Rd. There is a A -5a
10.8 -acre parcel to the west of the subject site. Also, there is a CV -20
14.6 -acre parcel to the north, across Waikoloa Rd. To the south and
east of the subject is the 716 -acre defunct Waikoloa Highlands
development zoned Open and RA -1 a. Several CV -10 parcels along
Pua Melia Rd lie approximately 360 -feet west of the subject property.
Given the existing and zoned conditions, the proposed rezoning and
subdivision would not be incongruous with the existing suburban
nature of this area.
10
Further, the adjacent property to the north of the subject site was
rezoned in 2013 from A -5a to CV -20 in accordance with the Change of
Zone Application REZ 2012-000157.
B. Economic Impacts
The requested zoning would have some measure of economic impact,
as it would make eight (8) additional fee simple lots available. The
applicant also intends to build and an affordable housing development
and possibly eventually a hardware store on two of the parcels. This
could_ eventually provide more employment opportunities to area
residents. The project will also support construction jobs and
purchases from local suppliers.
C. Agricultural Impacts
The site has a LUPAG designation of Agricultural and has not had any
recent agricultural activities. The lot size, soil quality, and climate of
Waikoloa make it unsuited to intensive commercial agriculture. As
stated before, a State Land Use Boundary Amendment Application is
being submitted concurrently with this application to allow a Urban
land use designation. Given the nearby land use combined with the
difficulty of the parcel for agriculture, a village commercial zoning
would be consistent with the sought land use designation and other
zonings in the adjacent area.
VII. INFRASTRUCTURAL CONSIDERATIONS
A. Road
Access to the project would be from. Waikoloa Rd. Waikoloa Road is a
County owned and maintained roadway with a right-of-way of 120 -
feet. The pavement width is generally 40 feet in the immediate area.
All hew lots will be served by a new proposed road.
Traffic Impact Analysis has not yet been performed. Based on the
planned addition of 36 residential units, fewer than 50 peak hourly
trips would likely be generated. At the time that further development of
the commercial lots is planned (for the hardware store for instance),
traffic impact studies will be performed and required mitigation
implemented.
11
B. Water
Waikoloa Village is supplied by Hawaii Water Service. There is a
Hawaii Water Service 20 -inch water line fronting Waikoloa Road.
Adequate water is available for the proposed development and fire
protection. See Hawaii Water Service "will serve letter" Exhibit 1.
C. Wastewater
Hawaii Water Service operates the private sewer in Waikoloa and is
willing to service the project subject to approval by the PUC. All newly
created lots are proposed to be served by Hawaii Water Service /
West Hawaii Sewer Company.
D. Solid Waste
Solid waste will be handled through commercial haulers into
authorized landfill sites or transfer stations. With the requested CV -10
zoning, the potential for uses with toxic or related chemical waste
would be minimal, if at all.
E. Other Government Services
As this area is part of the Waikoloa Village area, it is already being
serviced. Based on the creation and impact of eight (8) additional lots,
no extension of government services would be required. There is a
Fire Station, Library and public school all located within 2 miles of the
subject site. The nearest police station is located in Waimea, 18 miles
away. In addition, there are recreation facilities in the general area as
well.
However, Hawaii County Code Section 25-2-46 (0)(3), relating to
Concurrency requirements states: Any combination of residential
units, commercial space and industrial space equal or greater than
thirty-five thousand square feet of gross floor area, unless existing civil
defense sirens, as determined by the State Civil Defense, are
available to provide adequate warning coverage across the entire
project site or that the provision of civil defense sirens to provide such
coverage is integrated as part of the zoning amendment or application
for extension of time to -perform a condition of zoning amendment. As
such the applicant intends to install a new Civil Defense siren and
integrate it to the Hawaii Civil Defense System.
12
As such, the project should not result in the extension of any other
government services. Further, the required public facilities are located
reasonably proximate to the subject site.
F. Other Utilities
All other utilities such as telephone and electrical services are
available to the site.
VIII. IMPACT SIGNIFICANCE ANALYSIS
A. Relationship Between Local Short -Term Uses of Environment
and Maintenance and Enhancement of Long -Term Productivity
If the request were denied, the short-term use of the area of the
proposed district boundary amendment and rezoning would probably
continue in an idle state. The applicants would not'have an opportunity
to create an affordable housing development and more potential for
commercial development to serve the community.
From a long-term productivity standpoint, the proposed additional
eight (8) lots could provide a heightened level of possibility in having
the land used for more valuable and productive purposes.
B. Irreversible and Irretrievable Commitment of Resources
As the site has been relatively disturbed in the past, it is not likely that
its development would result in an irreversible commitment of natural
or archaeological resources.
The soil on the parcel ha's a classification of "E" or very poor by the
Land Study Bureau. Given the poor quality of soil and climate of the
area the site is unlikely to be used successfully for commercial
agriculture.
Further, studies have concluded that it is not likely that the site has
any significant archaeological features. Again, if needed, a monitoring
program can be conducted during any land disturbance activity.
C. Mitigative Measures
The applicant intends to make improvements, if required, generally
consistent with the subdivision process. Also, if there is any
13
construction activity, contractors will be obligated to comply with
appropriate State noise and air quality standards.
Should unanticipated archaeological finds be discovered in
conjunction with any further development of the site, work will stop (as
is required by the State and County) and clearance will be secured
before work is resumed.
There is one small drainage that crosses the site roughly parallel to
Waikoloa Rd approximately -150 to 200 ft from the property frontage.
This drainage is identified in the Waikoloa Highlands EIS as "Flood
Route 1". Studies were done to delimit the flood plains and flood
control plans for the EIS area by R.M. Towill Corporation in 2006. Any
and all required grading or grubbing work would be done in
conjunction with the required grading permits. 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 dislocated by this
project.
D. Alternatives to the Proposed Project
1. No Prosect
Under the status quo alternative, the site could continue in its
idle state, overrun by invasive fountain grass and browsed by
feral goats. The potential for economic development would
largely be lost.
2. Alternative Density
Under this alternative, the applicant could seek a less
intensive zoning, such as CV -20. This zoning category would
arguably be consistent with some of the surrounding zonings.
Such an approach, however, may be contrary to the policy of
trying to concentrate commercial uses within and surrounding a
central core area, as a lower density zoning would lead to a
more sprawling form of development as opposed to a more
concentrated, higher density development. Given the nature of
the area, the requested density of CV -10 would be consistent
with the overall make-up and development trends of the
community.
14
3. Evaluation of Alternatives
The project's impacts to the area's social and physical
infrastructure would not be pronounced. Certain mitigative
measures could be taken to address any possible impacts
associated by the development of this project.
In view of the aforementioned, it would appear that none of the
alternatives would be more prudent and beneficial than the
requested CV -10 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 Open and
Rural. This designation does not support the change of zone to CV -10
however the LUPAG map is a guide and not "set in stone". The
LUPAG map designation of Medium Density Urban which would
support such a request is approximately 360 feet to the west of the
subject property. Further the property located directly across Waikoloa
Road is zoned CV -10. Therefore, the request would be generally
consistent with the surrounding uses and LUPAG map. Additionally,
the affordable housing component is needed in this area and should
further underscore the viability of this request and the need for a small
amount of latitude with respect to the LUPAG map designation.
B. General Plan Polices
The requested zoning would be consistent with the goals, policies,
and standards of the General Plan document.
For one, it may provide economic opportunities, from increased
employment options and through the construction of any
improvements required for the subdivision. More importantly, however,
longer-term opportunities would be created largely in the added
amenities and resources available in Waikoloa Village. In so doing,
the resultant project should add revenues to the County and State
coffers.
15
The project intends to be energy conscious through the use and/or
encouragement of solar energy and design features to take advantage
of the sun and wind patterns.
Maintaining and improving the quality of the environment is important
to the success of this project. The General Plan identifies five (5)
areas of environmental concerns - air pollution, water quality, soil
pollution, solid waste disposal, and noise pollution. As proposed, the
project would not violate any of those objectives.
Aside from the very limited vehicular transmission, air pollution
associated with the project should be negligible. All wastewater would
be handled by the Hawaii Water Service sewer system. 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 the general commercial use. Any noise -generating
facility, such as air conditioners, would be carefully placed to minimize
their noise impacts to adjoining properties.
The vast majority of the -project site is outside the boundaries of a
flood way. Nonetheless, if required, a drainage system will be
designed and constructed (especially in conjunction with the
subdivision approval process) in a manner to protect the property as
well as to minimize the volume of surface runoff generated by this
development.
The site does not appear to have historic sites according to studies
undertaken on and around the site. Nonetheless, work will cease if
unanticipated archaeological remains are discovered during the
development of this project. Work will resume only after proper
clearances from the State and/or County have been received.
While there has been sightings of the Hawaiian short -eared owl
(Pueo), this area is not their primary habitat. As such, the subject
project should not have any significant impacts on rare or endangered
plant or animal life in this area.
The proposed' CV -10 zoning will help fulfil the objectives of the
housing element by creating eight (8) more lots, including a 36 -unit
affordable housing development. The Plan also emphasizes that
16
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 4.5 miles from the ocean and has
an elevation of 1,000 +/- feet, the usual coastal resources concern is
not pronounced. There will be no interference with shoreline access.
Further, through the use of Hawaii Water Service's sewer system,
impacts to the coastal water will be minimized.
There will be marginal impact to public facilities. The wastewater
system will integrate with the private sewer system, and the Hawaii
Water Service water line exists to the site. Vehicular access to the site
will be fully improved to County dedicable standards and the site is
accessible by emergency vehicles. Schools and other public facilities
are also located proximate to the site, most of them being less than 3
miles away.
Finally, in terms of the Land Use, Housing and Commercial
Development 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)
• Encourage a volume of construction and rehabilitation of housing
sufficient to meet growth needs and correct existing deficiencies.
(Housing Element)
• Encourage corporations and nonprofit organizations to participate
in Federal, State and private programs to provide new and
rehabilitated housing for low and moderate -income families.
(Housing Element)
• Continue to review codes and ordinances for overly stringent
restrictions that may impose unnecessary hardship and adopt
amendments if warranted. (Housing Element)
• Ensure that adequate infrastructure is available in appropriate
locations to support the timely development of affordable housing.
(Housing Element)
17
• Work with, encourage and support private sector efforts in the
provision of affordable housing. (Housing Element)
• Aid and encourage the development of a wide variety of housing to
achieve a diversity of socio-economic housing mix (Housing
Element)
• Provide for commercial developments that maximize convenience
to users. (Commercial Development Element)
• Provide commercial developments that complement the overall
pattern of transportation and land usage within the island's regions,
communities, and neighborhoods. (Commercial Development
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)
• Encourage the concentration of commercial uses within and
surrounding a central core area. (Commercial Development
Element)
• The development of commercial facilities should be designed to fit
into the locale with minimal intrusion while providing the desired
services. Appropriate infrastructure and design concerns shall be
incorporated into the review of such developments. (Commercial
Development 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
Discussion
In view of the foregoing goals and policies, it is noted that the
requested zoning would be generally compatible with the surrounding
18
area. There are many CV -10 zoned lots nearby and makai of the
subject site.
As Waikoloa Village and its surrounding area continues to grow, there
will be a need for more village commercial zoned lands. This request
also reflects this demand. The subject project, in addition to
attempting to meet this need, also fulfills other policies and standards
articulated in the General Plan. The site is already serviced by
adequate infrastructure — a 20 -inch water line already exists at the
site, police and fire protective services are available nearby, adequate
sewer system capacity exists at the site, and all other utilities are
available to the site. As such, this development should not require
additional public services to be provided.
The soil of the site is classified "E" or very poor by the Land Study
Bureau and the climate of Waikoloa is generally not conducive to
commercial agriculture.
The property has no severe topographic or geologic problems that
would render the land unusable for the proposed subdivision and
activity. The prospects of the site serving as a habitat for rare or
endangered plant or animal life appear remote. Likewise, surface and
subsurface archaeological remains do not appear to be likely on this
site.
C. South Kohala Community Development Plan
As noted earlier, the South Kohala Community Development Plan
(SKCDP), specifically the Waikoloa Village Plan section, 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 goals and policies outlined in the SKCDP:
Waikoloa Policy 1. Provide Infrastructure and Facilities for a
Growing Community shall be an overarching planning policy for
Waikoloa Village. The County shall work closely with the Waikoloa
Village Community and area developers such that funding for
important infrastructure projects and community facilities is provided
Waikoloa Policy 2. Environmental Stewardship, Sense of Place
Open Space shall be an overarching land use policy for Waikoloa
Village. Land use decisions shall be based on sustainable
management of the open grass lands and natural resources of the
Waikoloa area.
19
Waikoloa Policy 4. Encourage Affordable Housing and Smart
Growth by concentrating development in areas that are already zoned
for Resort, Residential, Commercial, and Industrial growth or areas
that are otherwise appropriate for businesses that address the needs
of this community. (emphasis added)
Strategy 1.4 Develop a Major Commercial Center for Waikoloa
Village with shops, stores and small business opportunities...
There is no set timetable for any of these (Pua Melia and Waikoloa
Heights) "commercial" locations to be developed and there is no
certainty that they will in fact be developed for commercial services, or
for what types of businesses they may be developed. For this reason,
the community should give consideration to allow for additional
commercial locations where 'Small to medium-sized businesses could
be established that serve the needs of the Waikoloa community. If
appropriately located, these businesses would add to the sense of
community and would reduce the amount of traffic to Waimea and
Kona.
D. Zoning and Subdivision
The designated zoning of the site is RA -1a and Open. Should the CV -
10 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, however the State
Land use Boundary Amendment Application submitted concurrently
with this report requests a State Land Use Designation of Urban. The
requested rezoning to CV -10 should not be contrary to the requested
State Land Use Urban 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.
20
In addition, the request will help fulfil the need`for additional housing options
and help generate additional property tax revenue for the County during a
time of an impending budget crise-s.
Lastly, the requested density is consistent with the surrounding area and
properties. The alternative of leaving the land in Open and Residential and
Agricultural zoning would not be a reasonable option and would greatly limit
its potential land use. While other zonings of an agricultural nature could be
achieved, the requested CV -10 zoning is the most sensible.
21
%\ AWa rr
HAWAII WATER SEEVICE
P.O. Box '33=1-80 -91
`may �,��' Waikoloa, HI 96738 Tel: (8??) 88E�-?784 toll rre
,tA svio
John Pipan
Land Use /W ill illislraLor
Zendo Kern PkIllilin'.2 C OJISI-Iltani LA -C'
January 6: 2020
Re- Proposed Project in Waikoioa Village: TMK (3)-6-8002-057
Dear Mr. Pipan:
West Hawaii Water Company ("WHWC") and West Hawaii Sewer Company ("WHSC"11 are
certified by the Public Utilities Commission of the State of Hawaii ("Commission") to provide
water and wastewater services to the Waikoloa area of Hawaii Island. State of Hawaii. YOU have
requested availability of water and sewer service for your project at TMK (3) 6-8-002-057 ("the
project').
The Project is within the existing service territory of WHWC and, therefore, can be served by
WHWC subject to the issuance of a Will serve letter and in accordance with 1AJHWC's Rules and
Regulations. WHWC can confirm the availability of water for the Project although it is not
secured until such time as an Extension Agreement is executed and Contribution In Aid of
Construction is paid.
The Project is not currently within the existing service territory of WHSC, but WHSC is more than
willing and able to serve the project with PUC approval of the expansion of WHSC service
territory. As WHSC is the only operator of record in the Waikoloa area there is no foreseen
issues with obtaining service territory expansion. However, it is ultimately left to the PUC to
decide.
This only letter only confirms the willingness to serge the Project. Any connections to our
systems is the responsibility of the developer.
Please feel free to contact us should you have any further questions or concerns.
Sincerely,
!' --v, Vv✓
Robert Stout
Accounting Manager
Quality. -S,--rvice. Vd/ue.
hawaiiwa -erservic2.com
Communication No. 2019-10
Waikoloa Subconnnittee :s Waikoloa Rocrc- Paniolo Avenue Intersection Report
South Kohala Community Development Plan (SKCDP) Action Committee
Waikoloa Subcommittee Report:
Panlolo Avenue-Waikoloa Road Intersection
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Preface: June 2019 Update
As this report was being prepared by the Waikoloa Subcommittee, Council Member Tim
Richards moved ahead with a CIP proposal at a special meeting of the County Council on June 5,
2019. The amendment was Communication 118.11 for Bill 31, the 2019-2020 budget bill, and
specified, "... to add the Waikoloa Road/Paniolo Avenue/Pua Melia Street Intersection
Improvement project in the amount of 4.5 million to the Department of Public Works." The
amendment was passed unanimously by the Council and Bill 31 was "AMENDED TO DRAFT 4
AND PASSED 2ND AND FINAL READING."
As of this report date (June 18), the County budget process is not yet complete and the final
budget has not been approved by the Mayor, but the addition of this CIP is an important and
meaningful step forward towards addressing issues with this intersection.
Ane 18, 2019 !Planning Dept. Pcige 1 of 17
E.hibit- +".NOW~
Communication No. 2019-10
Waikoloa .Subcon-unittee 's Waikoloa -Roac- Paniolo Avenue Intersection Report
The subcommittee recommends supporting the CIP with communications to the Department of
Public Works, the Traffic and Engineering Divisions within the Department of Public Works,
and the Mayor. If the SKCDP Action Committee can assist with public input or other activities
with the scope of the Action Committee, the subcommittee recommends providing that
assistance.
1. Executive Summary
Based on community feedback and observations, the intersection of Waikoloa Road, Paniolo
Avenue, and Pua Melia Street at Waikoloa Village in South Kohala has become increasingly
dangerous and is in need of safety improvements. The intersection is also steadily becoming
busier and certain routes, such as left turns from Paniolo Avenue onto Waikoloa Road during
morning commute hours, appear to be below the acceptable level of service for this type of
intersection. Furthermore, the Wailcoloa Village area is growing quickly, including new
affordable housing development and new shopping center development, and any problems with
the intersection are likely to become worse in the near future.
Options for developing improvements to the intersection have been considered in the past and
developer obligations were added on some rezoning and subdivision approvals decades ago, but
these have not resulted in producing the needed safety and capacity improvements. In fact, it
appears that this path will not succeed, as there are no signs of progress from any of the
developers, and it is time for the County to take action regarding the intersection.
The South Kohala Community Development Plan (SKCDP) includes multiple Policies and
Strategies relating to improving safety and circulation of the South Kohala and Waikoloa Village
roadways, and also references the 2005 Hawaii County General Plan which specifically lists
provicling traffic signals to the, Waikoloa Road-Paniolo Avenue intersection as one of the
"Courses of Action" for South Kohala.
The intersection could be improved in various ways, but this subcommittee suggests having the
intersection studied by traffic professionals to recommend the necessary and best improvements
and then proceeding on those recommendations.
The improvements could be funded by the County through a project initiated with the CIP
process or through a project initiated at the Department of Public Works. In either case, the
subcommittee recommends requesting the Traffic Division at DPW to perfonn a traffic count
and analysis to begin the process.
June 18, 2019 Page 2 of 17
Communication No. 2019-10
bd'ailcoloa SilbCO177 "littee's Wailtioloa Road- Paniolo Avenue Intersection Report
2. Introduction
The large majority of Waikoloa Village ("Village") is connected to the rest of Hawaii island by a
single road, Paniolo Avenue. Paniolo Avenue intersects with Waikoloa Road about 6 miles
mauka of the Queen Ka'ahumanu Highway and about 7 miles makai of the Mamalahoa
Highway. Paniolo Avenue also continues across Waikoloa Road as Pua Melia Street.
Commuters, students, tourists, and others travel in and out of the Village on Paniolo Avenue
every day, passing through the intersection with commuters, tourists, trucks, military convoys,
and other traffic traveling up and down Waikoloa Road.
The Paniolo Avenue-Waikoloa Road intersection has become a busy intersection in the last 15
years. There are stop signs on Paniolo Avenue and Pua Melia Street, and left turn lanes on
Waikoloa Road in both directions. There are crosswalks across all roads. However, there are no
other traffic control devices installed at the intersection.
For several years now, Village residents have raised concerns about vehicle and pedestrian safety
at this intersection and various factors, such as increased tricking, have changed the composition
of the traffic. Multiple landowners near the intersection were obligated by the County to making
capacity and safety improvements to the intersection, but none of these improvements have
started.
The Waikoloa Subcommittee was asked to investigate and report back to the Action Committee
on the reported issues with the intersection, the status of various plans and commitments to
improve the intersection, and recommendations on next steps or other actions that can be taken to
move forward improvements for the intersection.
For brevity, the intersection will be referred to below as the Waikoloa-Paniolo intersection, or
just "[the] intersection".
3. Population/Housing/Growth
To understand the change in use of the intersection and the future trends, the
subcommittee is providing the following analysis of Waikoloa Village population growth
and various developments around the Waikoloa Village area.
There has been steady growth in population, housing, and commerce in Waikoloa, as anticipated
in the SKCDP Pages 89. [Appen`ibc CDP 2.]
3.1. Population Growth in Waikoloa & South Kohala
The 2020 US Census is less than one year away, so accurate data on Waikoloa Village's
population is not available; however, prior Census data shows that the Village's population grew
substantially over the past twenty years, and that the trend continues. July 2017 US Census
estimates indicate an 8% increase in Hawaii County's population to 200,381, up from 185,079 in
the official 2010 Census. Conservative estimates are that the Village has grown into a town of
over 7,000 people.
Ane 18, 2019 Page 3 of 17
Communication No. 2019-10
M ailcoloa Subeon-unittee's Maikoloa RoadPaniolo Avenue Intersection Report
Year
Big Island Waikoloa
Population Population
% of
Waikoloa Growth
(actual or estimated)
1990
2,248
N/A
2000
1481677 41806
113%
2010
185,079 1 6,362
1 32%
2020 estimated
200,381 1 7,000+
1 8%-10% or more
Source: July 2017 US C'ensits estiawtes
Information from the State Data Book (updated November 2018, Appendix D-1) provides data
on the Resident Population growth by State.and Counties (Appendix D-2, Populations by State
& Counties, raw numbers) shows that the Big Island's increases are consistently higher vs. the
State as a whole and any other county.
ANNUAL GROWTH RATE by STATE & COUNTIES
Date STATE total City/Co. Hawaii Co. Kauai Co. Maui Co.
Oahu
2005-2010 1.1 0.8 2.0 1.3 1.6
2010-2017 0.7 0.5 1.1 1 1.0 1 1.0
Source: State Data Book 2018. Resident Population growth by State and Counties, Table]. 07.
[Appendix D-3]
Additional information from the State Data Book (2018) data breaks down the Resident
Population of Hawaii County by District by decades from 1990-2010 and from to 2012-
2016. (See modified table below.)
('NANGF. R ATF. RV TTaxvnii Cminty DI.STRTCTS
Source of information in WHITE columns: State Data Book 2018. on Percentage C.'hange of
Resident Populations by County: 2000-2017 (Table 1.12)
*Columns in YELLOW were added for this analysis. [Appendix D-4]
June 18, 2019 Page 4 of 17
1990
2000
2010
2012-16
Increase
1990-
2016
Change
2010-
2016
Hawaii COL111ty
120,317
148,677
185,079
193,680
61%
5%
Pima
20,781
31,335
45,326
45,517
119%
0%i
South Hilo
44,639
47,386
50,927
52,487
18%
3%
North Hilo
1,541
1,720
2,041
1,676
9%
-18%
Hamakua
5,545
6,108
6,513
7,463
35%
15%
North Kohala
4,291
6,038
6,322
6,441
50%
2%
South Kohala
9,140
13,131
17,627
18,71
105%
6%
North Kona
22,284
28,543
37,875
41,662
87%
10%
South Kona
7,658
8,589
9,997
11,277
47%
13%
Kau
4,438
5,827
8,451
8,406
89%
-1%
Source of information in WHITE columns: State Data Book 2018. on Percentage C.'hange of
Resident Populations by County: 2000-2017 (Table 1.12)
*Columns in YELLOW were added for this analysis. [Appendix D-4]
June 18, 2019 Page 4 of 17
Communication No. 2019-10
Waikoloa Subcotninittee's Wailtoloa Rood-Poniolo Avenue Intersection Report
Between 1990-2016, every Hawaii County District grew, especially Puna and South Kohala.-
however,
ohala;however, between 2010-2016, some Districts leveled off (i.e, Puna), others Districts declined (N.
Hilo, Kau), and the remaining Districts continued to grow, especially in Kona and Hamakua.
South Kohala also grew by 6% during that period.
"Population" in a locale that is popular world-wide with tourists must include the impact of those
visitors on matters related to infrastructure. Valuable data on de facto population comes from
The 2017 State ofHai4wii DATA BOOK, A Statistical Abstract, updated in November 2018. De
facto population is defined as the number of persons physically present in an area, of military
status or usual place of residence. It includes visitor present but excludes residents temporarily
absent, both calculated on an Avenuedaily census. Table 1.04 Resident and De Facto
Population, by Residence Status: 2000 to 2017 [Appendix D-5]. r
The significant take -away from this data is that in every year, the de facto population exceeds the
resident population.
The Waikoloa Plaa developer Meridian Pacific presents related data in their prospectus
regarding visitors/tourists, as follows:
• There are 1,191,470 tourists that visit the west side of Hawaii (Kohala Coast) each year.
• Average stay in Kohala/Kona resorts is 7 days.
• By dividing the number of tourists by the Average stay, the outcome should be the
number of static tourists that are in the Kona/Kohala Coast per week on Avenuerage:
22,912 people/week.
Number of tourists on an Average/week at 100% occupancy:
o Mauna Lani or North: 7,102
o Waikoloa Village or South: 8,248
Conclusion: Population growth has occurred as predicted and continues in Waikoloa. All
indications are that growth will continue and exceed that of other parts of the State and Hawaii
Island.
3.2. Housing growth and developments in Waikoloa
The number of Waikoloa housing units also increased, as did population density per square mile.
Year Density/Sq. Mile Density/House Housing Units
2000 251 107 2057
2010 356 170 3042
Source, U.S. Censits
June 18, 2019 Page 5 of 17
Communication No. 2019-10 -
Tl aikoloa Subcoynmittee's Waikoloa Road-Paniolo Avenue Intersection Report
A list of housing developments includes:
SUBDIVISION NAME
UNITS
Kaiaulu `O Waikoloa (affordable)
63
Kamakoa Nui (HI Co. Workforce Housing)
11200
Kilohana Kei Phase I
127
Kilohana Kei Phase II
50
Pua Malia (affordable, formerly Waikoloa Highlands land)
60
Sunset Ridge (Makai)
120
Sunset Ridge (Makai Vistas)
31
Waikoloa Mauka (Waikoloa Road/Mamalahoa Hwy.)
96
Wehilani (Castle & Cooke)
756
Subtotal of Active Housing Projects
2,50�3�
'EI 3i'}i} £> '#€f EI3= ;j?:
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�`E'?i�ii�'•�Ftf�}f t• 4 r WB
' 3 ti>;.`;y}>;'!�yy,
Y!1t,a ` <y}014
� 4LMr`41 ` s}'y�',.ta #E'�,3 t #'j�j Ed J;t%;�,Y }5{# w OWN,
t{EY£;#E#:Yd:#�n"C€iti';yjtt�r'33t�{'B& . i..)Tai}£Fii`Y�f�:�3i Af:'' AYkL7}7€k'..,'
i;, ➢ �i', 't<}y..,st gb, ,<;z�,,y
.ii3e:i�'3X��1�Y;L#?i*fl3r3Eb��:$i
Aina Lea. See notes *A & *B
2,406
Walk-oloa Heights See note *A
2, 400
Waikoloa Mauka (RA -1) See note *A
398
Subtotal of Planned Build -out (from CDP)
5,204
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79707
Note*] This correlates ivith but is LARGER than SKCDP projections of- -:� [7160]
`Note A. These TMK parcels have received the necessary entitlements to develop, but have not
progressed.
tn
*Note B. These TMK parcels are designated by the County LU.PAG for Urban Expansion, but
have not progressed_
3.3. Commercial developments in Waikoloa
BioEneray Hawaii LLC, a Kailua-Kona-based developer of waste -treatment and alternative -
energy systems, plans to start construction on its $50 million resource -recovery and energy -
conversion facility on the Big Island. BioEnergy Hawaii plans to lease about 15 acres of land on
a portion of the property now known as the Waikoloa West Hawaii Concrete Quarry and operate
an integrated resource -recovery facility to divert municipal solid waste from the West Hawaii
Sanitary Landfill and elsewhere.
It will be processing about 200 tons of incoming municipal solid waste per day, which is
collected by local waste haulers, along with a variety of other waste materials. The facility could
June 18, 2019 Page 6 of 17
Communication No. 2019-10
i T''aikoloa Subcolnnfittee 's Waikoloa Road Prnriolo Al -071W Intersection Retort
expand to allow for a capacity of 400 tons per day of waste. Of this volume, about 70 percent
would be suitable for energy -conversion operations and the remaining 30 percent would consist
of waste material that would be disposed at West Hawaii Sanitary Landfill, which registers at
more than 500 tons per day. In March, 2017, Hawaii County Planning Department gAvenue its
stamp of approval to the developer.
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Conclusion: This project is likely to increase the amount of traffic on Waikoloa Road, and it will
likely decrease the speed of traffic flowing through Waikoloa from the Mamalahoa Highway to
near the Queen Ka'ahumana Highway.
WAIKOLOA PLAZA is being developed by Meridian Pacific, Ltd. in Waikoloa located in the
southwest corner of the main Village intersection. Its promotional materials state that "Waikoloa
Plaza will have a distinctive blend of tenants to provide [residents and] visitors needed daily
services, speciality shopping, entertainment and eateries in the continuously growing Waikoloa
Village community."
Access by motor vehicles to the Plaza will include two major entrances, one on Waikoloa Road
and another on Pua Melia, about 1,000 feet makai of the post office. A thiRoad entrance would
be across from the lower entrance to Waikoloa Highlands Shopping Center on Waikoloa Road.
The 130,000 -square -foot $40 million shopping center will encompass 19 square acres, with 35
retail stores filling spaces ranging from 800 to 35,000 square feet.
Eighty-five percent of Waikoloa Plaza has been leased with tenants including Aloha Petroleum,
Ace Hardware, Foodland, Fitness Forever, Family Health and Wellness, CrossFit AllStar, and
dining outlets such as Balimo's Pizza, Chef TK, L&L Hawaiian BBQ, Strato's New York
Ane 18, 2019 Page 7 q/1 7
Communication No. 2019-10
W aikoloa Sithconnniftee's Waikoloa RoadPaniolo ventre Intersection Rep. orl
Pizzeria, SushHi and Bodhi Tree Juicery. The developer is also in talks with Nail Salon, Island
Holistic Healing, Verizon, Longs Drugs, Maui Taco's, Dunkin' Donuts, Denny's, The UPS Store
and McDonald's, among others.
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Avenuenue. The VPO (Vehicle Per Day) is 16,600, accoRoading to the Plaza's Prospectus.
A proposed 150 -room hotel is another unique aspect that Meridian Pacific Owner Gary Pinkston
hopes to add to the shopping center. The decision for a hotel was also based on the seat count
into the Big Island being up from 600,000 five years ago to 1.3 million in 2018. At the same
time, the Hilton and others have taken 700 guestrooms out of service for condos.
April 30, 2019, Meridian Pacific broke ground at the site. This site, zoned for commercial
development has been a Iona -awaited improvement to the area, and is welcomed by most. This
heightens the infrastructure needs in Waikoloa. Community members express concerns that the
shopping center will exacerbate traffic issues on the only road and at the major intersection.
"This shopping center is what we were looking for in our county, and with economic
development will come prosperity for the community," District 9 Councilman Tim RichaRoads
said. RichaRoads is working to address the congestion at the intersection with a traffic signal or a
round -about, depending on the findings of experts in the field.
Conclusion: This project will certainly increase the amount of traffic on Waikoloa Road and
congestion at the intersection at Paniolo Drive. It heightens the urgency to address safety issues
at the intersection via a traffic light or a round -about, and provide another access road to the
Village.
June 18, 2019 Pcige 8 of 17
Communication No. 2019-10
liaikoloa Subcorrmrittee's Waikoloa Road- Paniolo Avenue Intersection Report
3.4. State development in Waikoloa: PUBLIC LIBRARY for WAIKOLOA
REGION.
The 2018 legislature authorized the purchase of land in Waikoloa to build a public library. On
April 25, 2019 Governor David lge released S1.9 million in Capital Improvement Project fiends
to buy a 1.750 -acre parcel for the new Waikoloa Public Library. The library is to be located on
one of the parcels in the future Waikoloa Plaza shopping center, near the intersection of
Waikoloa Road and Paniolo Avenuenue. (See above.) The library site would be just past the
existing Post Office building on Pua Melia Street.
Once the parcel is purchased by the state, the Department of Land and Natural Resources is
required to prepare an Environmental Assessment for the project and the public will have the
opportunity to submit comments. After that, the project will start its design phase during which
the community can provide their advice about what should be included in the facility.
Friends of the Library of Waikoloa Region (FLWR) has worked diligently for over a decade to
procure a Public Library for the Waikoloa Region residents and visitors. They are hopeful that
the library will be completed and accessible in 2022.
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3.5. State development in Waikoloa: Waikoloa School (K -S), Building J
Waikoloa Elementary School opened in September of 1994 with 325 students (K-5). The
Elementary school's population grew to @560. In 2007, the BoaRoad of Education authorized
the expansion of the school to incorporate Middle School students. With that, Waikoloa
School's student population has grown to cc 825 students and @ 130 staff members. Building J is
a two-story 10 classroom building and is the final phase of the original school plan's build -out. It
is currently under construction in 2019.
4. Traffic, Pedestrians, and Bicycles in the Intersection
June 18, 2019 Pcige 9 oJ'17
Communication No. 2019-10
Yiaikoloa Subcommittee's IVaikoloa Road-Paniolo Avenue Intersection Report
The subcommittee investigated traffic, pedestrian, and bicycle usage of the intersection, as well
as industry best practices for evaluating and addressing safety and capacity concerns with
intersection.
The image above shoot's the TFaikoloa Road - Paniolo Avenue intei-section tivilh tl'C�c markings
Visible as it is in 2019. Pie image is fi-oin Apple Maps and includes vehicles lined zip in the left -
turn lane on l'Vaikoloa Road, tinning onto Paniolo Avenue, and a truck in the process of making
a let turn. Labels have been added.
4.1. Traffic Review
Vehicular traffic at the Waikoloa-Paniolo intersection has the following traffic patterns, as
indicated by past traffic surveys and observation (Highlands 2005, various traffic counts, casual
observations).
The peak times are morning and afternoon, as is typical. In the morning, traffic leaves Waikoloa
Village via Paniolo Avenue and turns right or left onto Waikoloa Road, e.g. for commuting to
work or school in Waimea, Kona, Hilo, or down to the resorts, or tourists heading out for
activities for the day. There is also traffic up and down Waikoloa Road passing through the
intersection but not turning, e.g. trucking, commuters from Waimea or Hilo down to the resort
areas, tourists coming up from the resort areas heading to other parts of the island.
In the afternoon, the flow is reversed as people return home. The through -traffic on 'A'aikoloa
Road also continues.
June 18, 2019 Page 10 of 17
Communication No. 2019-10
ff-adkoloa Subcotnndttee's Yyaikoloa Roca' Pattiolo .4i eytcte Ititerseetion Report
During the day, there is a moderate flow of tricks and other traffic traveling up and down
Waikoloa Road and a lesser flow of traffic in and out of Waikoloa Village. There is an increase
in traffic in and out of Waikoloa Village around lunchtime.
The traffic onto Pua Melia Street is significantly less than onto Paniolo Avenue, primarily driven
by the U -S. Post Office located on Pua Melia Street.
Pedestrians using the intersection are primarily residents from Waikoloa Village walking to and
from the Post Office, but also include people exercising along Waikoloa Road and Pua Melia
Street. Cyclists are often observed riding up and down Waikoloa Road.
These patterns are likely to change significantly in the future, especially vehicular and pedestrian
use of Pua Melia Street, due to the new shopping center and affordable housing that are being
developed there. Vehicle traffic through the Waikoloa-Paniolo intersection is also going to
change due to increased tricking activity, such as for trucking waste from the windward side of
the island to the leeward landfill, but will likely be reduced if the DKI extension is constricted
from the Mamalahoa Highway down to the Queen Ka'ahumanu Highway.
4.2. Intersection Safety
The primary risks at the Waikoloa-Paniolo intersection are vehicular accidents, particularly
involving traffic turning into or out of Paniolo Avenue and Pua Melia Street, and vehicles hitting
pedestrians crossing Waikoloa Road. These risks are likely exacerbated due to the lack of any
traffic control at the intersection and the frequency of people misunderstanding the traffic rules at
the intersection, especially non-residents, which results in unexpected behavior, such as stopping
as if there were stop signs on Waikoloa Road.
4.3. Intersection Traffic Load and Capacity
Various U.S. state departments of transportation and highway design experts have developed
guidelines for how to determine if an intersection needs to have signalization or other traffic
controls added. This takes out the subjectivity that is common when soliciting feedback on
whether an intersection needs traffic controls, e.g. due to safety concerns or long traffic delays at
peals travel times.
In many states, the state department of transportation will conduct intersection traffic surveys
when appropriate requests are made by individuals or organizations. These surveys will include
traffic flow counts, pedestrian and bicycle counts, analysis of at least three years of accident or
traffic violation data, sight lines and distances at the intersection, and other case-by-case data.
The data is assembled into a traffic analysis report which compares the intersection data vs
industry -standard metrics, to advise if traffic controls, such as traffic signals or stop signs, are
justified. One of the more common metrics that is evaluated is the "Level of Service" of the
intersection, defined in the Highway Ccipacity Manual, which evaluates the number of seconds a
vehicle is delayed when traveling through or turning at the intersection.
A study of this nature was conducted for the Waikoloa-Paniolo intersection back in 2005 as part
of an EIS for a nearby subdivision, the Waikoloa Highlands. This report includes projections for
future traffic at the intersection, but it makes some assumptions about future developments at the
time, such as the Auwaiakeakuia Gulch in Waikoloa Village having a bridge and road to
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Wailkoloa Subcomfnittee's Waikoloa Road-Paniolo Avenue Intersection Report
Waikoloa Road built by 2010, which has not happened as of 2019_ Nevertheless, the report
recommended adding a traffic signal to the intersection based on the 2005 analysis and 2010
projections, primarily to address "Level of Service" issues with left turns from Paniolo Avenue
onto Waikoloa Road. (PVHTIA, p. 25)
Traffic on Paniolo Avenue and Waikoloa Road were counted in separate activities in 2016 and
2018, although the data was collected in different locations and not incorporated into a formal
traffic analysis report. Traffic at the intersection has also been estimated currently at 16,600
vehicles per day by the Waikoloa Plaza development team, Meridian Pacific (per leasing
brochure, 2018)_
4.4. Near-term Pedestrian Usage Increases
Pedestrian and bicycle usage is very likely to increase in the future, within the next two years,
due to the constriction of a large shopping center on the south side of Waikoloa Road. This will
drive pedestrian and bicycle traffic from Waikoloa Village (on the north side of Waikoloa Road)
across the intersection to and from the shopping center.
There is also an affordable housing development planned on Pua Melia Street that will have
around 60 units which will also increase pedestrian traffic at the Waikoloa-Paniolo intersection,
as people from that development walls across the intersection to the existing shopping center on
the northwest corner of Waikoloa Road and Paniolo Road, and possibly children walking or
cycling to school at Waikoloa Elementary & Middle School.
4.5. Near-term Traffic Increases
Waikoloa Road is currently used as the main thoroughfare between the Mamalahoa Highway and
the Queek Ka'ahumanu Highway. This results in many tricks traveling through the Waikoloa-
Paniolo intersection. Military convoys also use this route and occasionally slow down traffic, but
this is not typically a daily occurrence.
Industrial use and construction projects along Waikoloa Road, such as the West Hawaii Concrete
quarry, the BioEnergy Hawaii plant, West Hawaii Concrete's planned asphalt plant, AES
Distributed Energy's planned solar power plant, the planned trucking of waste from East Hawaii
to the West Hawaii Sanitary Landfill in Puuanahulu, and others, add (or will soon add) to the
daily heavy vehicle traffic.
4.6. Intersection Recommendation
After reviewing the available data, it seems to the members of the subcommittee preparing this
report that the Waikoloa-Paniolo intersection needs to have traffic controls added, such as a
traffic signal or a roundabout. However, it is difficult to draw a firm conclusion without having
professionals review current traffic data for the intersection.
Fortunately, intersection traffic control is an extrememly well -studied area with established
standards and procedures for determining how to address intersection traffic and safety. This
would typically consist of a traffic study (or traffic count) performed by the Hawaii County
Traffic Division for the Waikoloa-Paniolo intersection.
June 18, 2019 Page 12 of '17
Communication No. 2019-10
Maikoloa Subcon-unittee's Waikoloa Road-Paniolo Avenue Intersection Report
The subcommittee therefore recommends requesting that the Traffic Division perform a
traffic count at the intersection and then evaluate the results using their tools and expertise
to determine what improvements, if any, are warranted at this time. The subcommittee also
recommends requesting that the traffic count be repeated every three years to identify farther
improvements or changes necessary in the fature as the Waikoloa Village area continues to
grow.
In support of this recommendation, it is worth noting that the County of Hawaii has also
recognized the need for improvements to the intersection by adding obligations for developers to
improve the intersection if they proceed with developments on three lots near the intersection,
however, as explained in Section 7 below, this has not resulted in any improvements and does
not appear to be a viable plan for improvements to the intersection in the timeframe they will be
needed.
5. Community Input/Feedback
The members of the subcommittee live in Waikoloa Village and regularly speak with other
residents of the Village. It is hard to produce statistics from these discussions, but it is notable
that in every discussion about the Waikoloa-Paniolo intersection, residents always agree that the
intersection is dangerous and needs improvement. Village residents have varying opinions about
what kind of improvement should be made, generally preferring either a traffic signal or a
roundabout, but none of the subcommittee members have experienced a Village resident arguing
that safety improvements are not needed.
One informal survey was conducted on the website "Nextdoor" on their Waikoloa Village
community page. This survey received 76 replies from about 25 Waikoloa Village residents.
There were various opinions about how to improve the safety of the intersection, ranging from
more informative signage and adding stop signs to traffic signals and roundabouts, but everyone
agreed that the intersection needs safety improvements.
Safety of the intersection is also a frequent topic raised at Waikoloa Village Association (WVA)
meetings. The WVA membership consists of over 3000 homes in Waikoloa Village, which the
subcommittee estimates to include at least 2/3 of the Village population. The WVA is asked
regularly, many times each year, if the WVA can improve the safety of the intersection. The
WVA has provided feedback to the County in the past regarding safety improvements being
needed at the intersection.
6. CDP support for Intersection Improvements
In the South Kohala Community Development Plan (SKCDP), a Second Access Road for
ingress and egress for Waikoloa was the top priority, along with overall infrastructure
improvements. In 2008 when the SKCDP was submitted, the Waikoloa-Panioto
intersection itself was not a "hot topic". Since then, the population of Waikoloa Village
has grown from 4,800 to 7,000 people, a 46% increase.
June 18, 2019 Page 13 of'17
Communication No. 2019-10
Waikoloa Subcoi nniittee's Maikoloa Road-Paniolo Avenue Intersection Report
Below are the relevant sections of the SKCDP that relate to the intersection_
General Policy 2 of the SKCDP relates to transportation, with sub -policy 2.3 specifically
being `Build safe roads." Kawaihae Road and Waikoloa Road are identified as being
considered dangerous, with the example of not having truck runaway ramps.
In the Waikoloa Policies and Strategies in the SKCDP,
• Policy 3 addresses Transportation & Circulation (Appendix CDP -S)
• Strategy 3.5 recommends the Development of a Master Circulation Plan for
Waikoloa Village. (Appendix CDP --8)
Had. a Master Circulation Plan been developed, it would undoubtably have
addressed the Intersection issues with traffic congestion.
• Strategy 3.6 recommends implementing traffic safety improvements along
Waikoloa Road. (Appendix CDP -8)
Improvements to the Waikoloa Road-Paniolo Avenue intersection are not
specifically mentioned, but this Strategy was intended to address ally safety issues
related to travel on Waikoloa Road.
The SKCDP also established a Monitoring Plan for South Kohala:
• The Monitoring Plan is a way to track and assess the progress of Policies.
(App endL— CDP -10)
• The specific Monitoring Plan for Waikoloa regarding infrastnicture is 9.3.3
"Provide Transportation and Circulation Improvements in a Timely Manner" by
looking at County and State CIP allocations for infrastructure and the number of
public/private partnerships formed to provide for roadways. (Appenrlix CDP -11)
No Master Circulation Plan has been developed
The SKCDP also referenced the 2005 Hawaii County General Plan and County Codes:
• SKCDP Appendix D is from the County's General Plan (2005) "Courses of
Action" for the District of South Kohala. (Appendix CDP -12).
Under the Transportation: Roadways section, item "j" is: (Appendix CDP-13).-
Provide
DP-13):Provide traffic signals at the Waikoloa Road-Paniolo Drive
intersection.
• In SKCDP Appendix E, Referenced County Codes were listed.
• Concurrency Requirements: This section creates standards for road and
water supply in change of zoning actions. Definitions are provided,
including:
• Acceptable levels of service
• Approved development
• Critical road area
• Immediate vicinity of a project
• Level of Service (LOS)
• Local mitigation
• Area mitigation
(Appendix CDP -14)
7. Developer Obligations
June 18, 2019 Page 14 of 17
Communication No. 2019-10
Waikoloa Subcoi3nnittee S Walk-oloa Road-Paniolo AveMte Intersection Report
The County recognized decades ago that the Waikoloa-Paniolo intersection would need safety
and capacity improvements. To support this, the County and the LUC added requirements to
three lots near the intersection when the respective owners of those lots, Waikoloa Highlands,
Waikoloa Mauka, and Hawaiian Riverbend, applied for rezoning or subdivision, as early as 1990
(in Ordinance 1990-160, requiring signalization of the intersection, based on a Traffic Impact
Analysis Report (TIAR) from 1989).
Unfortunately, none of the owners have engaged in any substantial development of those
properties and their various requirements to build intersection improvements remain unfulfilled.
In fact, one of the owners, Waikoloa Highlands, has recently had their rezoning revoked due to
inactivity. The owners of the other lots do not show any signs of engaging in development of
their respective properties, resulting in the intersection being unimproved for far longer than the
County envisioned when the requirements were added. For example, Ordinance 1995-051
amended the earlier 1990-160 to require the signalization of the intersection by June 30, 1996.
This deadline was among many missed by the respective developers.
In 2005, the County passed Ordinance 2005-1.57 which amended the requirement further to
specify a roundabout, and the developer did contract with an engineering firm to create plans for
this improvement, which was noted in a 2016 annual report from Waikoloa Highlands as
"constriction plans for the roundabout at the Waikoloa Road/Paniolo Avenue intersection have
been completed." However, the plans were apparently not paid for by the developer and were
never approved -or acted upon.
As Waikoloa Highlands was the only developer that had even taken any steps, and they are the
developer that has lost their rezoning due to inactivity, it appears that the reliance on developers
to make the needed safety and capacity improvements to the intersection has failed, and the
improvements are now overdue. It is time for the County to create a new plan that does not rely
on developers, or to find a way to get contributions from developers regardless of their
development progress so that the community involved is not harmed simply because developers
decided not to develop their properties.
8. Improvement/solution Options
As part of researching the Waikoloa Road - Paniolo Avenue intersection, the subcommittee
received some feedback from the community and reviewed some documentation that suggested
adding a traffic signal or a roundabout to the intersection as a solution to the apparent safety and
capacity problems. The subcommittee spent some time to evaluate if one or the other solution, or
even a different solution, would be better for the intersection.
Ultimately, however, it is the responsibility of professionals in traffic design to determine the
correct type(s) of improvement(s) for the intersection, so the subcommittee is providing this very
brief synopsis for information only.
Research into the topic of traffic signals vs. roundabouts revealed that roundabouts are generally
considered safer than traffic signals, as any accidents that occur in a roundabout are typically at a
lower speed than at a traffic signal (or unsignalized intersection), resulting in fever and less
Jime 18, 2019 Pccge 15 of'17
Communication No. 2019-10
ff''cxikolou Subcommittee's IVaikoloa Road-Paniolo Avenue Intersection Report
severe injuries to any people involved. Roundabouts sometimes result in fewer total accidents of
all types, but occasionally result in a slight increase in total accidents, though with fewer and less
serious personal injuries. The main drawback of roundabouts is that it is more difficult for
pedestrians with vision disabilities to cross the road at a roundabout.
Other options, such as adding stop signs on Waikoloa Road or adding a pedestrian crossing
signal, could be considered, but the subcommittee advises again that the detennination of what
improvements should be made should be the responsibility of professionals in the field.
9. Funding/Development Options
There are various funding options for making the needed Waikoloa-Paniolo intersection
improvements. The main options are, in no particular order:
1. County CIP process
2. Department of Public Works, Traffic Division
3. Developer obligations related to rezoning, subdivision, or building plan approvals
The option with the least cost to the County is the developer obligation option, but this has not
worked in this case. The property owners that were given a requirement to make improvements
have not developed their properties, and do not appear that they will do so any time soon, so this
option cannot be pursued unless a new developer enters the picture. See section 7 above for more
details on the current (unsuccessful) developer obligations.
The option that appears to have the shortest path to development is to work with the Department
of Public Works (DPW), specifically starting with the Traffic Division. The Traffic Division
could perfonn a traffic count at the intersection and then evaluate the data collected using their
expertise and tools. This would result in specific recommendations for improvements that would
address the issues revealed, by the Traffic Division's evaluation. The recommendations would
then be passed to the Engineering Division at DPW for further analysis and planning. The
Engineering Division would be able to create a specific plan and request funding via CIP or via a
direct request to the County Council to appropriate fiends for the needed improvements. The
improvement project could then proceed as planned by the Engineering Division.
The County CIP process is well-known and follows an annual review and approval process as
part of the County budget. This method of proposing a Waikoloa-Paniolo intersection
improvement project is suggested if the DPW is unable to move forward on the project directly,
or if an opportunity arises to submit a CIP with support from Council Members in the current
budget approval cycle.
10. Conclusion/Recommendations
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Communication No. 2019-10
tiYaikoloa Subcommittee's TVaikoloa Road-Paniolo Avenue Intersection Report
After considering all of the information in this report and numerous source materials (see
References), the members of the Waikoloa Subcommittee believe the Waikoloa-Paniolo
intersection needs to have traffic controls added, such as a traffic signal or a roundabout.
Reiterating the recommendation from Section 4, the subcommittee recommends requesting that
the Traffic Division perform a traffic count at the intersection and then evaluate the results using
their tools and expertise to determine what improvements, if any, are warranted for the
intersection at this time. The subcommittee also recommends requesting that the traffic count be
repeated every three years to identify fiirther improvements or changes necessary in the firttire as
the Waikoloa Village area continues to grow.
After the Traffic Division completes the traffic count and analysis, and based on the
recommendations the Traffic Division produces, the subcommittee recommends following up
with the Engineering Division, the Department of Public Works, and the County Council to
support the intersection improvements. If needed, the subcommittee also then recommends
submitting a CIP for the intersection improvements.
11. References
Apple Maps copyright infonnation: https://gspe2I-ssl.ls.apple.com/html/attribution-136.html
Other sources, c1.tcitlons, card references to be updated in additional document.
June 18, 2019 Pcige 17 of 17
Harry Kim
Mayor
Wil Okabe
Managing Director
West Hawaii Office
74-5044 Ane Keohokalole Hwy
Kailua-Kona, Hawaii 96740
Phone (808) 3234770
Fax (808) 327-3563
September 24, 2019
Mr. Zendo Kern
Planning Consultant
194 Wiwoole Street
Hilo, HI 96720
Dear Mr. Kern:
OF•p
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County of Hawaii
PLANNING DEPARTMENT
Michael Yee
Director
Duane Kanuha
Deputy Director
East Hawaii Office
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Phone (808) 961-8288
Fax (808) 961-8742
SUBEJCT: State Land Use Boundary Amendment and Change of Zone Applications
Applicant: Danny Julkowski
Request: Agricultural to Urban State Land Use District and Open & RA -1 to
CV -10 Zoning
Tax Mau Kev: (3) 6-5-002:057: Waikoloa. South Kohala, Hawaii
We are returning the above referenced applications. Please address the following concerns and
re -submit the applications.
State Land Use Boundary Amendment Application
1. Please identify any natural drainage ways existing on the property.
2. Explain how the proposed boundary amendment to the Urban District conforms to the
district boundary standards found in HAR Chapter 15-15, Subchapter 2.
Change of Zone Application
1. The proposed uses trigger the need for a Traffic Impact Analysis Report (TIAR) per
Section 25-2-46 (d) of Hawaii County Code (Zoning Code). Please provide a TIAR
meeting the requirements of the Zoning Code.
2. The application should address the need for a civil defense siren on the property per HCC
Section 25-2-46(o) (Concurrency Standards) since more than 25 residential uses are
proposed and there are currently no civil defense sirens that cover the property.
www.hiplanningdgpt.com Hawal'i County is an Equal Opportunity Provider and Employer planningAhawaiicounty..Qov
Planning Dept. SEP 2 62019-
Exhib"tt 5
Mr. Zendo Kern
Planning Consultant
Page 2
September 24, 2019
3. Provide a letter from Hawaii Water Service indicating they can provide potable water
and dispose of wastewater for the property.
4. Please identify any natural drainage ways existing on the property.
Please re -submit the requested information with the original and 20 copies. We will continue to
hold the $500 and $700 filing fees for the resubmitted state land use boundary amendment and
change of zone applications, respectively.
If you have any questions, please feel free to contact Maija Jackson at (808) 961-8159.
Sincerely,
?�ffvo --*� �
j�;c MICHAEL YEE
Planning Director
MJJ:mads
P\wpwin60\Maija\Letters\Returned Apps\LKern forJulkowski-RETSLU&REZ.doc
Enclosures: Original and 20 Copies of Application
Receipt No. 041610 for $500 filing fee for SLUBA
Receipt No. 041609 for $700 filing fee REZONE
cc: Planning Department- West Hawaii Division
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
H I LO, HAWAII
TO: Michael Yee, Planning Director
hand dek-fr4
DATE: June 5, 2020
FROM: fd F' Department of Public Works, Engineering Division -0 -
SUBJECT: STATE LAND USE BOUNDARY AMENDMENT (SLU 20-000053)
CHANGE OF ZONE APPLICATION (REZ 20-00241)
Request: O & RA -1 a to CV -10
Applicant: Danny Julkowski
TMK: 6-8-002:057
We have reviewed the subject application forwarded by your memo dated May 6, 2020
and offer the following comments for your consideration:
1. All earthwork activities including grading, grubbing, and stockpiling shall conform
to Chapter 10, Erosion and Sedimentary Control, of the Hawaii County Code.
2. All driveway connections and construction within the-Waikoloa Road Right -of -Way
shall conform to Chapter 22, County Streets, of the Hawaii County Code. Waikoloa
Road, in the section fronting the subject property, is a 120 -foot wide Right -of -Way
with one through lane in each direction.
3. Access to Waikoloa Road, including the provision of adequate sight distances, and
where applicable, the channelization within the Right -of -Way with dedicated left
and right turn deceleration and acceleration lanes, shall meet with the approval of
the Department of Public Works.
4. Based on the proposed zoning, we recommend that the applicant provide
improvements to subject property's Waikoloa Road frontage consisting of, but not
limited to, pavement widening with concrete curb, gutter and sidewalk, drainage
improvements, signs and markings, streetlights, and any relocation of utilities,
meeting the requirements of the Americans with Disabilities Act and the approval
of the Department of Public Works.
Planning Dept.
Exhibit- �o
S CAi�T� �
-- JUN 1 7 20 cl
County of Hawaii is an Equal Opportunity Provider and Employer
-- t
5. It is recommended that the applicant shall construct the roundabout
improvements to the intersection of Waikoloa Road and Paniolo Avenue, meeting
with the approval of the Department of Public Works. The roundabout
improvements shall be completed, prior to the issuance of any Certificate of
Occupancy for the subject property.
6. Install streetlights and traffic control devices as may be required by the Traffic
Division, Department of Public Works. The applicant shall be responsible for the
design, purchase, and installation of such devices.
7. A Traffic Impact Analysis Report (TZAR) as may be required by the Traffic Division,
Department of Public Works.
8. All development -generated runoff shall be disposed , of on site and not directed
toward any adjacent properties. A drainage study shall be prepared by a licensed
civil engineer and submitted to the Department of Public Works prior to the
issuance of a construction permit. Any recommended drainage improvements, if
required, shall be constructed meeting with the approval of the Department of
Public Works prior to the construction of any proposed structures on the property.
9. It is recommended that the applicant submit a flood study, meeting the approval of
Public Works, to address off-site drainage and as supporting data for the areas
indicated as "Flood Route 1" on Figure 1 of the application.
10. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate
Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is
an area determined to be outside the 500 -year floodplain.
Questions may be referred to Bryce Harada at 961-8042.
County of Hawaii is an Equal Opportunity Provider and Employer
DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII
345 KEKUANAO`A STREET, SUITE 20 HILO, HAWAII 96720
TELEPHONE (808) 961-8050 • FAX (808) 961-8657
June 1, 2020
�- ra m _--
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TO:- " - -L f
TO: Mr: Michael Yee, Director
Planning Department
FROM: Keith K. Okamoto, Manager -Chief Engineer
SUBJECT: State Land Use Boundary Amendment (SLU 20-000053)
Request: Agricultural to Urban
Change of Zone Application (REZ 20-000241)
Request: O and RA -la to CV -10
Applicant: Danny Julkowski
Tax Map Key 6-8-002:057
We have reviewed the subject applications and have the following comments.
Please be informed that the water system in the area is privately owned and operated. Water
availability and necessary off-site water system improvements should be determined from Hawaii
Water Service.
Pursuant to Section 23-84 of the Hawaii County Code regulating subdivisions, the following
minimum requirements must be complied with for subdivision approval:
1. Provide a water system designed to deliver water at adequate pressure and volume under peak -flow
and fire -flow conditions in accordance with the Water System Standards, State of Hawaii, and the
Rules and Regulations of the Department of Water Supply. The water system shall include, but not
be limited to, the installation of the necessary distribution pipeline, fire hydrants, and service
laterals.
2. Submit construction plans to the Department for review and approval.
3. Pay a fee of four -tenths of one (1) percent of the estimated cost for the construction of the water
system, but not less than $50.00, to cover the costs for plan review, testing, and inspection.
Planning Dept.
Exhibit SCANNED
.SUN 9 20 koo-A 12 .14 91
... Nater, Our Most precious Resource ... Xa WaiA Xane .
:
The Department of Water Supply is an Equal Opportunity provider and employer. r✓ �-
Mtn Michael Yee, Director
Page 2
June 1, 2020
Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and
Planning Branch at 961-8070, extension 256.
Sincerely yours,
wtm*
Keith K. Okamoto, P.E.
Manager -Chief Engineer
RQ : dfg
copy — Mr. Danny Julkowski
Pua Melia LLC
Mr. Zendo Kern, Planning Consultant LLC
Harry Kim
Mayor
Roy Takemoto
Managing Director
MEMORANDUM
County of Hawai"i
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekuanao'a Street, Suite 41 • Hilo, Hawaii 96720
Ph: (808) 961-8083 9 Fax: (808) 961-8086
Email: cohdem@hawaiicounty.gov
T0: Michael Yee, Director
Planning Depa met Ott' ---
FROM: William A. Ku harsk, Director
Environmental Management Department
DATE: - May 18, 2020
SUBJECT: State Land Use Boundary Amendment (SLU 20-000053)
Request: Agricultural to Urban
Change of Zone Application (REZ 20-000241)
Request: 0 & RA -1a to CV -10
Applicant: Danny Julkowski
Tax Map Key: (3) 6-8-002:057
William A. Kucharski
Director
Diane A. Noda
Deputy Director
PV
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The Solid Waste Division has reviewed the subject application and offers the following
comments and/or recommendations (contact the Solid Waste Division for details):
( ) No comments.
(X) Commercial operations, State and Federal agencies, religious entities and non-profit
organization may not use transfer stations for disposal.
(X) Aggregates and any other construction/demolition waste should be responsibly
reused to its fullest extent.
(X) Ample and equal room should be provided for rubbish and recycling.
(X) Green waste may be transported to the green waste sites located at the West Hawaii
Organics Facility and East Hawai'i Organics Facility, or other suitable diversion
programs.
Construction and demolition waste is prohibited at all County Transfer Stations.
Submit Solid Waste Management Plan in accordance with attached guidelines.
Existing Solid Waste Management Plan is to be followed. Provide update to the
department on current status.
Planning Dept.
Exhibit 8
County of Hawai'i is an Equal Opportunity Provider and Employer
SCANTED
JUN 0 l J020
Mr. Michael Yee, Director
May 18, 2020
Page 2
( ) Other:
The Wastewater Division has reviewed the subject application and offers the following
comments and/or recommendations (contact the Wastewater Division for details):
(X) No comments.
( ) Require connection of existing and/or proposed structures to the public sewer in
accordance with Section 21-5 of the Hawaii County Code.
( ) Require Council Resolution to approve sewer extension in accordance with Section 21-
26.1 of the Hawaii County Code. Complete Sewer Extension Application.
( ) Require extension of the sewer system to service the proposed subdivision in
accordance with Section 23-85 of the Hawaii County Code.
( ) Check or line out as applicable: [ ] If required by the Director of the Department of
Environmental Management ("Director of DEM"), [ ] applicant shall conduct a sewer
study in accordance with the then applicable wastewater system design standards prior
to approval to connect to the County sewer system. Applicant shall provide such sewer
line or other facility improvements as the Director of DEM may reasonably require,
which the sewer study may indicate are advisable for mitigation of impacts of the
proposed project. Contact Wastewater Division Chief for details.
( ) Other:
WK:mef
1
N`Y of hq Darren J. Rosario
Harry Kim coJv`-',9,,
Mayor ��!�'��- Fire Chief
Lance S. Uchida
.P%� Deputy Fire Chief
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Countp d 30atuat' 1 Y
HAWAII FIRE DEPARTMENT _
25 Aupuni Street • Suite 2501 • Hilo Hawaii 96720= -_ ' P_ = ``= _: Fri =P
(808) 932-2900 • Fax (808) 932-2928
May 14 2020
� ��° [1� Fes•'; .�°,-'SE ak.:i
TO: MICHAEL YEE, PLANNING DIRECTOR
FROM: DARREN J. ROSARIO, FIRE CHIEF
SUBJECT: State Land Use Boundary Amendment (SLU 20-0000053)
Request: Agricultural to Uran
Change of Zone Application (REZ 20-000241)
Request: O & RA -la to CV -10
Applicant: Danny Julkowski
Tax Map Key: 6-8-002:057
In regards to the above-mentioned State Land Use Boundary Amendment and Change of Zone
application, the following shall be in accordance:
NFPA 1, UNIFORM FIRE CODE, 2006 EDITION
Note: Hawai `i State Fire Code, National Fire Protection Association 2006 version, with Coitnty
of Hawai `i amendments. Cotinty amendments are identified with a preceding "C-•" of the
reference code.
Chapter 18 Fire Department Access and Water Supply
18.1 General. Fire department access and water supplies shall comply with this chapter.
For occupancies of an especially hazardous nature, or where special hazards exist in addition to
the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or
areas where there is an inadequate fire flow, or inadequate fire hydrant spacing, and the AHJ
may require additional safeguards including, but not limited to, additional fire appliance units,
more than one type of appliance, or special systems suitable for the protection of the hazard
involved.
18.1.1 Plans.
18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to
the fire department for review and approval prior to construction.
Planning Dept ANN
Ex
I
hibi 9 MAS to '201
Haivai'i County is an Equal Opporhinity Provider and Employer.
Michael Yee
May 14, 2020
Page 2
18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrant systems shall be
submitted to the fire department for review and approval prior to construction.
C— 18.1.1.2.1 Fire Hydrant use and Restrictions. No unauthorized person shall use or operate
any Fire hydrant unless such person first secures permission or a permit from the owner or
representative of the department, or company that owns or governs that water supply or system.
Exception: Fire Department personnel conducting firefighting operations, hydrant testing, and/or
maintenance, and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau
personnel.
18.2 Fire Department Access.
18.2.1 Fire department access and fire department access roads shall be provided and maintained
in accordance with Section 18.2.
18.2.2' Access to Structures or Areas.
18.2.2.1 Access Box(es). The AHJ shall have the authority to require an access box(es) to be
installed in an accessible location where access to or within a structure or area is difficult
because of security.
18.2.2.2 Access to Gated Subdivisions or Developments. The AHJ shall have the authority to
require fire department access be provided to gated subdivisions or developments through the
use of an approved device or system.
18.2.2.3 Access Maintenance. The owner or occupant of a structure or area, with required fire
department access as specified in 18.2.2.1 or 18.2.2.2, shall notify the AHJ when the access is
modified in a manner that could prevent fire department access.
18.2.3 Fire Department Access Roads. (*may be referred as FDAR)
18.2.3.1 Required Access.
18.2.3.1.1 Approved fire department access roads shall be provided for every facility, building,
or portion of a building hereafter constructed or relocated.
18.2.3.1.2 Fire Department access roads shall consist of roadways, fire lanes, parking lots lanes,
or a combination thereof.
18.2.3.1.3* When not more than two 'one- and two-family dwellings or private garages, carports,
sheds, agricultural buildings, and detached buildings or structures 400ft2 (37 m2) or less are
present, the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the
AHJ.
Michael Yee
May 14, 2020
Page 3
18.2.3.1.4 When fire department access roads cannot be installed due to location on property,
topography, waterways, nonnegotiable grades, or other similar conditions, the AHJ shall be
authorized to require additional fire protection features.
18.2.3.2 Access to Building.
18.2.3.2.1 A fire department access road shall extend to within in 50 ft (15 m) of at least one
exterior door that can be opened from the outside that provides access to the interior of the
building. Exception: 1 and 2 single-family dwellings.
18.2.3.2.1.1 When buildings are protected throughout with an approved automatic sprinkler
system that is installed in accordance with NFPA 13, NFPA 13D, or NFPA 13R, the distance in
18.2.3.2.1 shall be permitted to be increased to 300 feet.
18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or
any portion of an exterior wall of the first story of the building is located not more than 150 ft
(46 m) from \fire department access roads as measured by an approved route around the exterior
of the building or facility.
18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler
system that is installed in accordance with NFPA 13, NFPA 13D, or NFPA 13R, the distance in
18.2.3.2.2 shall be permitted to be increased to 450 ft (137 m).
18.2.3.3 Multiple Access Roads. More than one fire department access road shall be provided
when it is determined by the AHJ that access by a single road could be impaired by vehicle
congestion, condition of terrain, climatic conditions, or other factors that could limit access.
18.2.3.4 Specifications.
18.2.3.4.1 Dimensions.
C— 18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an approved
turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family
dwellings shall have an unobstructed width of not less than 15 feet, with an area of not less than
20 feet wide within 150 feet of the structure being protected. An approved turnaround area shall
be provided if the FDAR exceeds 250 feet.
C— 18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13 ft 6 in.
CN 18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHJ, provided such
increase or reduction does not impair access by the fire apparatus, and approved signs are
installed and maintained indicating such approved changes.
Michael Yee
May 14, 2020
Page 4
18.2.3.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are not
adequate to accommodate fire apparatus.
C— 18.2.3.4.2 Surface. Fire department access roads and bridges shall be designed and
maintained to support the imposed loads (25 Tons) of the fire apparatus. Such FDAR and shall
be comprised of an all-weather driving surface.
18.2.3.4.3 Turning Radius.
C— 18.2.3.4.3.1 Fire department access roads shall have a minimum inside turning radius of 30
feet, and a minimum outside turning radius of 60 feet.
18.2.3.4.3.2 Turns in fire department access road shall maintain the minimum road width.
18.2.3.4.4 Dead Ends. Dead-end fire department access roads in excess of 150 ft (46 m) in
length shall be provided with approved provisions for the fire apparatus to turn around.
18.2.3.4.5 Bridges.
18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road, it shall
be constructed and maintained in accordance with county requirements.
18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of
fire apparatus.
18.2.3.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by
the AHJ.
18.2.3.4.6 Grade.
C— 18.2.3.4.6.1The maximum gradient of a Fire department access road shall not exceed 12
percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a
Fire apparatus would connect to a Fire hydrant or Fire Department Connection, the maximum
gradient of such area(s) shall not exceed 10 percent.
18.2.3.4.6.2* The angle of approach and departure for any means of fire department access road
shall not exceed 1 ft drop in 20 ft (0.3 m drop in 6 m) or the design limitations of the fire
apparatus of the fire department, and shall be subject to approval by the AHJ.
18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb
cuts extending at least 2 ft (0.61 m) beyond each edge of the fire lane.
Michael Yee
May 14, 2020
Page 5
18.2.3.4.7 Traffic Calming Devices. The design and use of traffic calming devices shall be
approved the AHJ.
18.2.3.5 Marking of Fire Apparatus Access Road.
18.2.3.5.1 Where required by the AHJ, approved signs or other approved notices shall be
provided and maintained to identify fire department access roads or to prohibit the obstruction
thereof of both.
18.2.3.5.2 A marked fire apparatus access road shall also be known as a fire lane.
18.2.4* Obstruction and Control of Fire Department Access Road.
18.2.4.1 General.
18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any
manner, including by the parking of vehicles.
18.2.4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be
maintained at all times.
18.2.4.1.3* Facilities and structures shall be maintained in a manner that does not impair or
impede accessibility for fire department operations.
18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and
barriers in accordance with 18.2.4.2.1 shall not be obstructed by parked vehicles.
18.2.4.2 Closure of Accessways.
18.2.4.2.1 The AHJ shall be authorized to require the installation and maintenance of gates or
other approved barricades across roads, trails, or other accessways not including public streets,
alleys, or highways.
18.2.4.2.2 Where required, gates and barricades shall be secured in an approved manner.
18.2.4.2.3 Roads, trails, and other access ways that have been closed and obstructed in the
manner prescribed by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the
owner and the AHJ.
18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted
property identified in 18.2.4.2.1.
Michael Yee
May 14, 2020
Page 6
18.2.4.2.5 Locks, gates, doors, barricades, chains, enclosures, signs, tags, or seals that have been
installed by the fire department or by its order or under its control shall not be removed,
unlocked, destroyed, tampered with, or otherwise vandalized in any manner.
18.3 Water Supplies and Fire Hydrants
18.3.1* A water supply approved by the county, capable of supplying the required fire flow for
fire protection shall be provided to all premises upon which facilities or buildings, or portions
thereof, are hereafter constructed, or moved into or within the county. When any portion of the
facility or building is in excess of 150 feet (45 720 mm) from a water supply on a fire apparatus
access road, as measured by an approved route around the exterior of the facility or building, on-
site fire hydrants and mains capable of supplying the required fire flow shall be provided when
required by the AHJ. For on-site fire hydrant requirements see section 18.3.3.
EXCEPTIONS:
1. When facilities or buildings, or portions thereof, are completely protected with an
approved automatic fire sprinkler system the provisions of section 18.3.1 may be
modified by the AHJ.
2. When water supply requirements cannot be installed due to topography or other
conditions, the AHJ may require additional fire protection as specified in section 18.3.2
as amended in the code.
3. When there are not more than two .dwellings, or two private garage, carports, sheds and
agricultural. Occupancies, the requirements of section 18.3.1 may be modified by AHJ.
18.3.2* Where no adequate or reliable water distribution system exists, approved reservoirs,
pressure tanks, elevated tanks, fire department tanker shuttles, or other approved systems capable
of providing the required fire flow shall be permitted.
18.3.3* The location, number and type of fire hydrants connected to a water supply capable of
delivering the required fire flow shall be provided on a fire apparatus access road on the site of
the premises or both, in accordance with the appropriate county water requirements.
18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the
fire department.
18.3.5 Private water supply systems shall be tested and maintained in accordance with NFPA 25
or county requirements as determined by the AHJ.
18.3.6 Where required by the AHJ, fire hydrants subject to vehicular damage shall be protected
unless located within a public right of way.
Michael Yee
May 14, 2020
Page 7
18.3.7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned
to service. Owners of private property required to have hydrants shall maintain hydrant records
of approval, testing, and maintenance, in accordance with the respective county water
requirements. Records shall be made available for review by the AHJ upon request.
C~ 18.3.8 Minimum water supply for buildings that do not meet the minimum County water
standards:
Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for
Firefighting.
Buildings 2001- 3000 square feet, shall have a minimum of 6,000 gallons of water available for
Firefighting.
Buildings, 3001- 6000 square feet, shall have a minimum of 12,000 gallons of water available for
Firefighting.
Buildings, greater than 6000 square feet, shall meet the minimum County water and fire flow
requirements.
Multiple story buildings shall multiply the square feet by the amount of stories when determining
the minimum water supply.
Commercial buildings requiring a minimum fire flow of 2000gpm per the Department of Water
standards shall double the minimum water supply reserved for firefighting.
Fire Department Connections (FDC) to alternative water supplies shall comply with 18.3.8 (1)-
(6) of this code.
NOTE: In that water catchment systems are being used as a means of water supply for
firefighting, such systems shall meet the following requirements:
1) In that a single water tank is used for both domestic and firefighting water, the water for
domestic use shall not be capable of being drawn from the water reserved for firefighting;
2) Minimum pipe diameter sizes from the water supply to the Fire Department Connection
(FDC) shall be as follows:
a) 4"'for C900 PVC pipe;
b) 4" for C906 PE pipe;
c) 3" for ductile Iron;
d) 3' for galvanized steel.
Michael Yee
May 14, 2020
Page 8
3) The Fire Department Connection (FDC) shall:
a) be made of galvanized steel;
b) have a gated valve with 2-1/2 inch, National Standard Thread male fitting and cap;
c) be located between 8 ft and 16 ft from the Fire department access. The location shall be
approved by the AHJ;
d) not be located less than 24 inches, and no higher than 36 inches from finish grade, as
measured from the center of the FDC orifice;
e) be secure and ,capable of withstanding drafting. operations. Engineered stamped plans
may be required;
f) not be located more than 150 feet of the most remote part, but not less than 20 feet, of the
structure being protected;
g) also comply with section 13.1.3 and 18.2.3.4.6.1 of this code.
4) Commercial buildings requiring a fire flow of 2000gpm shall be provided with a second
FDC. Each FDC shall be independent of each other, with each FDC being capable of flowing
500gpm by engineered design standards. The second FDC shall be located in an area
approved by the AHJ with the idea of multiple Fire apparatus'conducting drafting operations
at once, in mind.
5) Inspection and maintenance shall be in accordance to NFPA 25.
6) The owner or lessee of the property shall be responsible for maintaining the water level,
quality, and appurtenances of the system.
EXCEPTIONS TO SECTION 18.3.8:
1) Agricultural buildings, storage sheds, and shade houses with no combustible or equipment
storage.
2) Buildings less than 800 square feet in size that meets. the minimum Fire Department Access
Road requirements.
3) For one and two family dwellings, agricultural buildings, storage sheds, and detached
garages 800 to 2000 square feet in size, and meets the minimum Fire Department Access
Road requirements, the distance to the Fire Department Connection may be increased to 1000
feet.
4) For one and two family dwellings, agricultural buildings, and storage sheds greater than
2000square feet, but less than 3000 square feet and meets the minimum Fire Department
Access Road requirements, the distance to the Fire Department Connection may be increased
to 500 feet.
p
Michael Yee
May 14, 2020
Page 9
5) For buildings with an approved automatic sprinkler system, the minimum water supply
required may be modified.
If there are any questions regarding these requirements, please contact the Fire Prevention
Bureau at (808) 932-2911.
DARREN J. ROSARIO
Fire Chief .
:4
DAVID Y. IGE
GOVERNOR OF HAWAII
MEMORANDUM
DATE: June 5, 2020
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
HILO, HAWAII 96721-0916
TO: Mr. Michael Yee
Planning Director, County of Hawaii
FROM: Eric Honda_
District Environmental Health Program Chief
BRUCE S. ANDERSON PhD.
DIRECTOR OF HEALTH
SUBJECT: STATE LAND USE BOUNDARY AMENDMENT (SLU-20-000053)
Request: Agriculture to Urban
Change of Zone Application (REZ 20-000241)
Request: O & RA -1 a to CV -10
Applicant: Danny Julkowski
TMK: 6-5-002:057
The applicant would need to meet the requirements of our Department of Health Air Pollution
Rules, Chapter 60. 1, Title 11, State of Hawaii for fugitive dust control. If there is need,to discuss
these requirements, please contact our Clean Air Branch staff at Ph. 933-0401.
The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the
subject document on May 06, 2020. The CWB has reviewed the limited information contained
in the subject document and offers the following comments: ,
I
Permit Issuance
Any project and its potential impacts to State waters must meet the State's:
1) Antidegradation policy, which requires that the existing uses and the level
_
of water quality necessary to protect the existing uses of the receiving
State water be maintained and protected;
2) Designated uses, as determined by the classification of the receiving StateI
waters; and
3) Water quality criteria [Hawaii Administrative Rules (HAR), Chapter 11-54],
* A Section 401 Water quality Certification (WQC) is required if your
project/activity: S%."NNT)i�
- Requires a federal permit, license, certificate, approval, registration, or JUN 17 goo,
4#21=.6 6 K"O"
U N 18 2020
Yee
V14tichael
June 5, 2020
V Page 2 of 4
Statutory exemption; and
- C4,) May result in a discharge into State waters. The term "discharge" is
defined in Clean Water Act, Subsections 502(16), 502(12), and 502(6).
ss Examples of "discharge" include, but are not limited to, allowing the
following pollutants to enter State waters from the surface or in -water:
solid waste, rock/sand/dirt, heat, sewage, construction debris, any
underwater work, chemicals, fugitive dust/spray/paint, agricultural wastes,
biological materials, industrial wastes, concrete/sealant/epoxy, and
washing/cleaning effluent.
Determine if your project/activity requires a federal permit, license, certificate,
approval, registration, or statutory exemption by contacting the appropriate
federal agencies (e.g. Department of the Army (DA), U.S. Army Corps of
Engineers (COE), Pacific Ocean Division Honolulu District Office (POH) Tel:
808-835-4303; U.S. Environmental Protection Agency Tel: 415-947-8021;
Federal Energy Regulatory Commission Tel: 866-208-3372; U.S. Coast Guard
Office of Bridge Programs Tel: 202-372-1511) .
To request a Section 401 WQC, you must complete and submit the Section 401
WQC application. This application is available on the e -Permitting Portal website
located at: https://eha-cloud.doh.hawa"ti.gov/epei-i.nit/. 1, ,
Please see HAR, chapter 11-54 for the State' Water Quality Standards and for
more information on the Section 401 WQC. HAR; Chapter 11-54 is available on
the CWB website at: http://healtl-i.l-iawaii.`ov/cwb/.
National Pollutant Discharge Elimination System (NPDES) permit coverage is
required for:
-Storm water associated with construction activities for land disturbances of
one (1) acre or more. Land disturbance includes, but is not limited to,
clearing, grading, grubbing, excavation, demolition, .uprooting of vegetation,
equipment staging, and storage areas.
-Storm water associated with industrial activities for facilities with Standard
Industrial Classification Codes regulated in 40 CFR 122.26(b)(14)(i) through
(ix) and (xi).
-Storm water and certain non -storm water from a small Municipal Separate
Storm Sewer System.
-Discharges of water pollutants into State surface waters. Examples of these
discharges include, but are not limited to, cooling water, hydrotesting waters,
dewatering effluent, and process wastewater.
-Discharges from the application of pesticides (including pesticides,
herbicides, fungicides,. rodenticides, and various other substances to control
pest) to State waters.
r rt
Michael Yee
June 5, 2020
Page 3of4
An application for an NPDES individual permit must be submitted at least 180
calendar days before the commencement of the discharge or start of construction
activities. To request and NPDES individual permit, you must complete and
submit the NPDES individual permit application. This application is available on
the e -Permitting Portal website located at:
https:Heha-el.oud.dob.hawaii.gov/epermit/.
A Notice of Intent (NOI) for coverage under a specific NPDES general permit
must be submitted at least 30 calendar days before the commencement of the
discharge or start of construction activities. To request NPDES general permit
coverage, you must complete and submit the NOI. The NOI is available on the
e -Permitting Portal website located at:
https://eha-cloud.doh.hawaii.gov/eperm.it/.
Please see HAR, Chapter 11-55 for more information on the NPDES individual
permit and NPDES general permits. The specific NPDES general permits
located in HAR, Chapter 11-55, Appendices B through M. HAR, Chapter 11-55
and HAR, Chapter 11-55, Appendices B through M are available on the CWB
website at: http :Hhealth.hawai.i.gov/cwb/.
• According to State law, all discharges related to the project construction or
operation activities, whether or not NPDES permit coverage and/or Section 401
WQC are required, must comply with the State's Water Quality Standards.
Monitoring
• Effluent discharge and/or receiving water monitoring may be required as
conditions of Section 401 Water Quality Certifications and NPDES General and
Individual permits.
Enforcement
Noncompliance with water quality requirements contained in HAR, Chapter 11-54
and/or permitting requirements specified in HAR, Chapter 11-55 may be subject
to penalties of $25,000 per day per violation.
• Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative,
civil and criminal penalties for such violations.
Polluted Runoff Control
Manage projects identified in watershed -based plans that reduce polluted runoff
and educate the public about nonpoint source pollution. Projects are selected
through an annual request for proposals. Funding is provided by the EPA
through the Clean Water Act. For more information on projects and funding
opportunities, please visit: www.hawaii.gov/doh/pollutedrunoft'coiitrol.
Michael Yee
June 5, 2020
Page 4 of 4
Construction activities must comply with the provisions of Hawaii Administrative Rules,
Chapter 11-46, "Community Noise Control."
1. The contractor must obtain a noise permit if the noise levels from the construction
activities are expected to exceed the allowable levels of the rules.
2. Construction equipment and on-site vehicles requiring an exhaust of gas or air
must be equipped with mufflers.
3. The contractor must comply with the requirements pertaining to construction
activities as specified in the rules and the condition's issued with the permit.
Should there be any questions on this matter, please contact the Department of Health at 933-
0917.
We recommend that you review all of the Standard Comments on our website:
ht[L):Hhawaii..uov/health/enviroii.m.ental/env-pl_anniiig/lan_du5c/i al?duse.htjnil. Any comments
specifically applicable to this project should be adhered to.
The same website also features a Healthy Community Design Smart Growth Checklist
(Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State
Department of Health. The BEWG recommends that state and county planning departments,
developers, planners, engineers and other interested parties apply the healthy built environment
principles in the Checklist whenever they plan or review new developments or redevelopments
projects. We also ask you to share this list with others to increase community awareness on
healthy community design.
4b
�¢ 0- F.4 S UZANNE D. CAS E
, ossa CHAIRPERSON
A, DAVID Y.IGE P'a 4
GOVERNOR OF HAWAII h - " BOARD OF LANG AND NATURAL RESOURCES
COAIMISStON ON WATER RMURCE
MANAGEMENT
VC4 -d
STATE OF HAWAII
sr eot DEPARTMENT OF LAND AND NATURAL RESOURCES
LAID DIVISION
POST OFFICE BOX 621
HONOLULU, HAWAII 96809
May 26, 2020
MEMORANDUM
TO: DLNR Agencies:
_Div. of Aquatic Resources
_Div. of Boating & Ocean Recreation
X Engineering Division (DLNR.ENGCa)hawaii.aov)
X' -Di V". of `F`orestry & I/Vild:lifie (r::ubyrosa,.rAerr'.66 hav4i.ggov).
Div. of State Parks
X Commission on Water Resource Management (DLNR.CWRM a@hawaii.c
Office of Conservation & Coastal Lands
X Land Division---4Aeoi District (gordon.c.heit&hawaii.gov)
X Historic Preservation (DLNR.Intake.SHPD(c-bhawaii.gov)
FROM: Russell Y. Tsuji, Land AdministratorRus.sel/ 75gi
SUBJECT: State Land Use Boundary Amendment (SLU 20-000053) — Request to
Reclassify from Agricultural to Urban; & Change of Zone Application
(REZ 20-000241) — Request to Change from O & RA -1a to CV -10
LOCATION: 68-1845 Waikoloa Road, #104, Waikoloa Village, Island of Hawaii;
TMK: (3) 6-8-002:057
APPLICANT: County of Hawaii on behalf of Danny Julkowski
Transmitted for your review and comment is information on the above -referenced
subject matter. Please submit comments by June 3, 2020.
If no response is received by this date, we will assume your agency has no comments.
If you have any questions about this request, please contact Darlene Nakamura at 587-0417 or
by email at dariene.k.nakamurae-hawaii.gov. Thank you,
( ) We have no objections.
We have no comments.
Commentsre ahed.
I
Signed:
Print Name: DAVID G. SMITH, Administrator
Date: Jun 3, 2020
Attachments
cc: Central Files
Planning. Daete
SUZANNE D. CASE
CILAIRPERSON
DAVID Y.IGE '� r'••••••"--q(y-: BOARD (}FLAND AND !v\TT;IL\LRFSUURCL'S
UOVERNOR OF I1,%WAII Pe. 14 5 9 e'•tiQ; CULLMSSION ON WATER RESOURCE NM RAGE\RNF
ROBERT K. NIASUDA
Yom; f FIRST DEPUTY
p ' `•y, i ;:`.! INL KALEO.NIANUEL
��}` c f�fi >•.''•..rr'j., DUVITDIRECTOR .WATER
f
AC[A\TEC RESOURCES
I-X)ATING AND OCF IN MCRF 1TION
BURM=A[! OF CONVEYANCES
CO.M11S51ONO N P%ATTR S ER VA T 10 RESOURCE %tAMGL-IiFN;
STATE OF HAWAII ERVATIONANDRF OLIRCE'SI.L„A
4tgsly�ll CONSERVATION AND RESOURCES F.:NFORCE\p.TJT
ENGIIDEPARTMENT OF LAND AND NATURAL RESOURCES FORESTRY .ANDRtiILDLIFE
tASTORIC PRESERVATION
DIVISION OF FORESTRY AND WILDLIFE KA11001- VP ISSLAN13 RESEERVE M."MUSSION
1151 PUNCHBOWL STREE"r, ROOM 325 LAND
STATE PARKS
HONOLULU, HAWAII 96813
June 3, 2020
Log no. 2653
MEMORANDUM
TO: RLISSell Y. Tsuji, Administrator
Land Division
FROM: David G. Smith, Administrator
SUBJECT: Division of Forestry and Wildlife Comments for Proposed State Land Use
'Boundary Amendme-nt from Agriculture to Urban in Waikoloa, Hawaii
The Department of Land and Natural Resources, Division of Forestry and Wildlife (DOFAW) has
received your inquiry regarding a State land use boundary amendment request to rezone open,
residential and agriculture land to village commercial in Waikoloa on the island of Hawaii, TMK:
(3) 6-8-002:057. The proposed project consists of subdividing an 11.707 -acre parcel of
undeveloped land into nine lots to build affordable housing, a hardware store, and offer other
parcels for fee simple sale. Proposed work also would include the installation of overhead utility
lines.
We note that artificial lighting can adversely impact seabirds that may pass through the area at
night by causing disorientation. This disorientation can result in collision with manmade artifacts
or grounding of birds. We appreciate that the application states all permanent nighttime lighting at
the site would be frilly shielded to minimize impacts. Nighttime work that requires outdoor lighting
should be avoided during the seabird fledging season from September 15 through December 15.
This is the period when young seabirds take their maiden voyage to the open sea.
The State listed Blackburn's Sphinx Moth (BSM; Manduca blackburni) has a historic range that
encompasses the project area. Larvae of BSM feed on many nonnative hostplants that include tree
tobacco (Nicotiana glauca) which grows in disturbed soil. We recommend contacting our Hawai `i
Island DOFAW office at (808) 974-4221 for further information about where BSM may be present
and whether a vegetation survey should be conducted to determine the presence of plants preferred
by BSM. To avoid harm to BSM, DOFAW recommends removing plants less than one meter in
height or during the dry time of the year. If you remove tree tobacco over one meter in height or
disturb the ground around or within several meters of these plants they must be checked thoroughly
for the presence of eggs and larvae.
State listed waterbirds such as the Hawaiian Stilt (Himantopcs mexicanus knudseni), Hawaiian
Common Coot (Fulica alai) and Hawaiian Goose or Nene (Branta sandvicensis) have the potential
to occur in the vicinity of the proposed project site. It is against State law to harm or harass these
species. If any of these species are present during construction activities, then all activities within
100 feet (30 meters) should cease, and the bird should not be approached. Work may continue
after the bird leaves the area of its own accord. If a nest is discovered at any point, please contact
the Hawaii Island DOFAW office. DOFAW is concerned about attracting vulnerable birds to
areas that may host nonnative predators such as cats, rodents, and mongoose. Additionally, the
construction site likely to increase human activity in the area and attract these predators. We
recommend taking action to minimize predator presence; remove cats, place bait stations for
rodents and mongoose, and provide covered trash receptacles.
The State listed Hawaiian Hoary Bat or 'Ope`ape'a (Lashirus cineteus semotzcs) has the potential
to occur in the vicinity of the project area and may roost in nearby tree's. If any site clearing is
required this should be timed to avoid disturbance during the bat birthing and pup rearing season
(June 1 through September 15). If this cannot be avoided, woody plants greater than 15 feet (4.6
meters) tall should not be disturbed, removed, or trimmed without consulting DOFAW. Barbed
wire should be avoided for any construction because bat mortalities have been documented as a
result of becoming ensnared by barbed wire during flight.
DOFAW recommends minimizing the movement of plant or soil material between worksites, such
as in fill. Soil and plant material may contain invasive fungal pathogens (e.g. Rapid 'Ohi'a Death),
vertebrate and invertebrate pests (e.g. Little Fire Ants) or invasive plant parts that could harm
native species and ecosystems. We recommend consulting the Big Island Invasive Species
Committee at (808) 933-3340 in planning, design, and construction of the project to learn of any
high-risk invasive species in the area and ways to mitigate spread. All equipment, materials, and
personnel should clean excess soil and debris to minimize the risk of spreading invasive species.
DOFAW recommends using native plant species for landscaping that are appropriate for the area
(i.e. suitable climate conditions, historically occurred there, etc.). Please do not plant invasive
species. DOFAW recommends consulting the Hawaii -Pacific Weed Risk Assessment website to
determine the potential invasiveness of plants proposed for use in the project
(https://sites.google.corn/site/weedriskassessment/home). We recommend that you refer to
wwtiv.plantpono.org for guidance on selection and evaluation for landscaping plants.
We appreciate your efforts to work with our office for the conservation of our native species.
Should it become apparent that threatened or endangered species may be impacted, please contact
our staff as soon as possible. If you have any questions, please contact Lauren Taylor, Protected
Species Habitat Conservation Planning Coordinator at (808) 587-0010 or
Iauren.taylor nwhawaii.gov.
Sincerely,
I Dgs
DAVID G._ SMITH
Administrator
f
6 0.F„hq SUZANNE D. CASE
DAVID Y.IGE c? t93g '~y CHAIRPERSON
GOVERMOROF HAWA11 ''�;' _ a ••� BOARD OF LAND AA'D \ATURALRESOURCES
COMMISSION ONWATER RESOURCE
? s MANAGEMENT
,qui and Irl
STATE OF HAWAII
Sat�+ofF 'i, DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
POST OFFICE BOX 621
HONOLULU, HAWAII 96309
May 26, 2020
FROM: MEMORANDUM
DLNR Agencies:
_Div. of Aquatic Resources
Div. of Boating & Ocean Recreation
X:�Ert'gmeerng��SC�Vsioi���(DLNR.ENG(a�hawaii.gov)
X Div. of Forestry & Wildlife(rubyrosa•r.terrago(a)-hawaii.gov)
_Div. of State Parks
X Commission on Water Resource Management (DLNR.CWRM cD_hawaii.gov)
Office of Conservation & Coastal Lands
X Land Division -.*mi District (gordon.c.heito_hawaii.gov)
X Historic Preservation (DLNR.Intake.SHPDahawaii.gov)
TO:
Russell Y. Tsuji, Land AdministratorRusse// Tsuji
SUBJECT: State Land Use Boundary Amendment (SLU 20-000053) — Request to
Reclassify from Agricultural to Urban; & Change of Zone Application
(REZ 20-000241) — Request to Change from O & RA -1 a to CV -10
LOCATION: 68-1845 Waikoioa Road, #104, Waikoloa Village, Island of Hawaii;
TMK: (3) 6-8-002:057
APPLICANT: County of Hawaii on behalf of Danny Julkowski
Transmitted for your review and comment is information on the above -referenced
subject matter, Please submit comments by June 3, 2020.
If no response is received by this date, we will assume your agency has no comments.
If you have any questions about this request, please contact Darlene Nakamura at 587-0417 or
by email at darlene.k.nakamura aPhawaii.gov. Thank you.
Attachments
cc: Central Files
( ) We have no objections.
( ) We have no comments.
(V) Comments are attached.
Signed:
Print Name: Carty S. Chang, Chief Engineer
Date: May 26, 2020
Planning Duro
x'nii f I E
DEPARTMENT OF LAND AND NATURAL RESOURCES
ENGINEERING DIVISION
LD/Russell Y. Tsuji
Ref: State Land Use Boundary Amendment (SLU 20-000053) — Request to
Reclassify from Agricultural to Urban; & Change of Zone Application (REZ
20-000241) — Request to Change from O & RA -1a to CV -10
TMK(s): (3) 6-8-002:057
Location: 68-1845 Waikoloa Road, #104, Waikoloa Village, Island of Hawaii
Applicant: County of Hawaii on behalf of Danny Julkowski
COMMENTS
The rules and regulations of the National Flood Insurance Program (NFIP), Title 44 of
the Code of Federal Regulations (44CFR), are in effect when development falls within a
Special Flood Hazard Area,(high risk areas). State projects are required to comply with
44CFR regulations as stipulated in Section 60.12. Be advised that 44CFR reflects the
minimum standards as set forth by the NFIP. Local community flood ordinances may
Stipulate higher standards that can be more restrictive and would take precedence over the
minimum NFIP standards.
The owner of the project property and/or their representative is responsible to research
the Flood Hazard Zone designation for the project. Flood Hazard Zones are designated
on FEMA's Flood Insurance Rate Maps (FIRM), which can be viewed on our Flood
Hazard Assessment Tool (FHAT) (http://gis.hawaiinfip.org/FHAT).
If there are questions regarding the local flood ordinances, please contact the applicable
County NFIP coordinating agency below:
o Oahu: City and County of Honolulu, Department of Planning and Permitting
(808) 768-8098.
o Hawaii Island: County of Hawaii, Department of Public Works (808) 961-8327.
o Maui/Molokai/Lanai County of Maui, Department of Planning (808) 270-7253.
o Kauai: County of Kauai, Department of Public Works (808) 241-4896.
Signed:
ci
CARTY S. CHANG, CHIEF ENGINEER
Date: May 26, 2020
r % .
Executive Officer
Dep.artnieiit of Business, Economic Developnient & Tourism
State of flawail
i
May A.-°$, 2020
Mr. Michael Yee, )irecto:r
l'la.luzing Department
County of Hawaii
101.Pauahi Street; Mute 3
i -filo, .Hawai'i 96720
Dear Mr. Yee:
SubJect: State Land 'Use Boundary Amendment Application (S ,U 20-0000153)
Request: Agricultural to Urban.
Change of Zone Application (.REZ 20-000241.)
Request: 0 &- bzk-1a to Cir -10
Applicant: Dam-ty Julkowski
Tax Map Key: 6-5-002: 0;)-7
We axe .in receipt of your nlemora- dum dated May 6, 2020, foci-�;,arding the subject
applications.
Based on our review of -the applications, iti-e understand that the Applicant proposes
to .reclassify the subject .1 arct�l, consisting of approximately 11.7/07/ acres, from tlic
State Ladd Use Agricultural District to the State Land Use Urban. District. Upon
approval of the boundary amendment, the Applicant i.1ltends to subdivide the parcel
into ni:rie lots, consisting of a M nirnum of 12.840 square feet each. The largest lot
will be developed for affordable housing, while another lot may be used for a
hardware store. Theremaining .Lots will be offered. for sale.
We co.n.firrn that the subject parcel is desio-nated within the agricultural District. .S.-
you may know, the [...and. Use Commission ("LUC") reclassified the subject parcel as
well as the surrounding lands collectively totaling approximately 731.0581 acres from
the A.giicultural. District to the Rural District in fw-ie 2008 under rocket No. r' 06-
767/`VVa.ik(,)loa Mau:ka, :LI C. The LUC subsequ,en.tly reverted the 'ural designation t).f
the Petition Areia, including the subject parcel, to the Agricultural District as the
Z.,-[..sC determined. that Waikoloa Highlands, Inc., successor -in -interest to � IN
T H REPt'r� r L S-rRFE- o 5U.1 r 406 f3c ;ti{ �C.. i[.t3, l � ti <1:i`I 96813 � ".f�EL:.(808) : -3182 � FAX-,- (SM)
C,41M U d bedt..IL.OS f'bd@hc1Ti pII.g()V
N.1, 1ING� ADDRESS- P. o. Pox 2351.-Hofi6tiiu.. Hawlii'.i 96804
.f
x
C. LU
0 9 2920
.33462
Mr. Midiael Yee., Director
May 28,2020
d .. �
Page 2
,Petitioner WaikoloalVlauka, LLC, ha(i failed to perform accord-ing to Several of the
conditions imposed and to the representations arid commitinent.s., inade to the LUC
in 6btairvirLg the reclassif i1cation of the Petition A -tea.
Given the description of -the projecin the applications, vve belierve that the proposed
connection to County.roads trigger. the requir emi(_-111-ts'under the enVironmental
revievvr process of Hawai'i Revised Statutes ("I-IRS"j chapter 343. As stich, a formal.
enviro.nrrte� n*tal assessmeiat ("'EA") should be prepared to fully destfibe, -the impacts
of the project tipo.n the Surrounding envirokunent. We- find the Cozai(�i Environniental
Ret)ort ("CU") accompanvincr, the applica.tions to be inadeqtiato in this, re0ard as it
fails to conAprehen,5ively describe the impacts to, among other things., the
transportation. (the Applicant admits that there has been no traffic impact analysis
perfornied. to dale) and drainage infra -structure. We understand that the drainage
issue alone was of sufficient concern to the County of I-Iawai'i during its affordab1c,
housing negotiatio.ns with the Petitioner for it to I -Lot accept the site for such use.
Additionally, we note that the discussion on wastewater does not address any
alternatives in the event the Public Utilities Como-nis,,.,)ion does not approve the
expansion of the `West Hawaii Sewer Company service territory.
We would also likle to point out that absent the preparation of a Culturai Impact
Assessment ("CIA"), the conclusion th-at "[t]he applicants have not observed any
Ncatiue -1-la-waiia.i.-is gathering plants on the site or the radjoining proper -ties. Thils, it
would appear unlikely that the site would serve such purpose today" is based sulc!ly
on the observabons of the Applicant and without the benefit of any meaningful
analysis -to comply Nvith the Hawai'i Supreme Court decision in Ka 11a'akai 0 Ka
'.AJ. is v.Land Use Cori-Ujiissioti, 94 Hawaii 3-1, 71."M 1068 (2000). 111 this end, we
strongly support the preparation of a CIA.
The CER further neglects to sufficiently describe the socio-economic, noise, and. air
quality impacts, of the project as well as the impacts upon. school facilities. Finally,
we note that the analyses of flora and fauna as -welt as archaeological resources rely
on information from a 1.988 Environmental Impact Statement. At annii imun, the
botanical and faunal surveys referenced in the applications should be updated given
the amount of time that has passed. We also recomniend that the Applicant contact
the State Histofic Preservation Division to determine�whether the previous
archaeological studies �hocdd be shnitarly updated to .meet the Ka Pa'akai
requirements.
j
I'V1:r. Michaid Yee., Director
May 219, ?020
'age 3
It is our position that only an. EA that is properly Netted through the public wad
agency review process afforded by HRS chapter 343 will disclose all passible
impacts and mitigation measures in accordance tiATith the spirit and intent cif HR5
chapter 205.
We have no further comments to offer at this time. Should you have any questions
or require .further clari:fi.catioxn, please call our office at 587-3322.
Sincerely,
C99D---�-
Daniel E. Orodenker
Executive Officer
KERN
& ASSOCIATES
April 6, 2020
Mr. Michael Yee, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Yee:
194 Wiwoole St. Hilo, HI 96720
Phone: 808-333-4734
_Email: info@zendokern.com
Subject: Land Use Boundary Amendment and Change of Zone Applications
Applicant: Danny Julkowski (Pua Melia LLC)
Waikoloa, South Kohala, Hawaii TMK: (3) 6-8-002: 057
In response to the Planning Departments request for additional information, please see the
following:
1. The PD requests that the applicant discuss how the LUPAG designation is
inappropriate, ill-advised, and/or impossible to follow and therefore requires the
proposed change of zone.
In Section 2.3 Land Use, the SKCDP discusses the LUPAG designations a5 follows:
The Land Use Pattern Allocation Guide (LUPAG) of the County is a graphic
expression of the General Plan, particularly those elements of the General Plan
relating to land use. However, the L UPAG is not the entire General Plan. It is not a
zoning map; rather the LUPAG estimates the future acreage allocation for a
particular land Iuse and is meant to serve as a land use guide for the County.
Generally, future developments must be consistent with the L UPAG map.
This passage is a general background statement, not identified as a policy' within the,
SKCDP. The Hawaii County General Plan Describes the Proposed Land Use Pattern
(LUPAG), and the land use designations in question in the following way:
A well-balanced land us pattern capable of meeting the future needs of the County is
an essential part of the General Plan.
Rural: This category includes existing subdivisions in the State Land Use
Agricultural and Rural Districts that have a significant residential component.
Typical lot sizes vary from 9, 000 -square feet to two acres. These subdivisions may
contain small farms, wooded areas, and open fields as well as residences. Allowable
uses within these areas, with appropriate zoning, may include commercial facilities
that serve the residential and agricultural uses in the area, and community and
public facilities. The Rural designation does not necessarily mean that these areas
should be further subdivided into smaller lots. Most lack the infrastructure necessary
to allow further subdivision.
Mg Dept.
EA. 'l ,
KEk;
& ASSOCIATES
194 Wiwoole St. Hilo, HI 96720
Phone: 808-333-4734
Email: info@zendokerii.com
Open: Parks and other recreational areas, historic sites, and open shoreline areas
Medium Density (Urban): Village and neighborhood commercial and single family
and multiple family residential and related functions (multiple family residential — up
to 35 units per acre).
There are no universal standards for determining the amount of land needed in the
future for each land use or activity located within an area. Estimates can be made,
however, of the future land use acreage allocation for each use. The land use pattern
is a broad, flexible design intended to guide the direction and quality of future
developments in a coordinated and rational manner. The General Plan Land Use
Pattern Allocation Guide (L UPA0 Map indicates the general location of various
land uses in relation to each other.
The LUPAG map designates the site Open and Rural. The LUPAG map designation
of Medium Density Urban which would support such a request is approximately 360
feet to the west of the subject property.
The Rural LUPAG designation (a minor component of the subject property) is
inappropriate due to the proximity of the parcel to the central urban core of
Waikoloa. Further, Rural lands include areas in the State Land Use Agriculture and
Rural Districts with a significant residential component. Though a proposed use of
the subject parcel would include a residential component in the form of an affordable
housing development. Also, with the requested State Land Use Boundary
Amendment to Urban (with discussion following on why that SLU designation is
appropriate), Rural LUPAG designation would not be possible or appropriate.
Though parcels of 2 -acres to 9,000 square -feet could be created from the subject
property, this would be an inefficient and illogical use of the land, when growth is
guided to occur in areas appropriate for businesses that address the needs of the
community (Waikoloa Policy 4). Strategy 1.4 of the Waikoloa Village Plan is to
Develop a Major Commercial Center for Waikoloa Village with shops, stores, and
small business opportunities. Much of the strategy discussion relates to the
development slated for the main are of Pua Melia Road, however the strategy also
notes that properties in the vicinity (formerly Waikoloa Mauka LLC), and "These
additional sites'could provide for still more retail commercial facilities."
The Open LUPAG designation is inappropriate for several reasons. Open
designations are intended for parks and other recreational areas, historic sites and
open shoreline areas. South Kohala has the highest acreage allocation of any District
for open area lands with 14,704 acres. Strategy 4.3 of the SKCDP states "The
visually and environmentally important open grasslands in the Waikoloa area should
be protected from development that would have negative environmental impacts"(
Emphasis added). The strategy then goes on to detail the approximately 10,000 -acre
irregularly shaped "buffer" of open lands owned by the Waikoloa Village
Association. To apply standards for preservation of such extensive tracts of land to
KERN
&ASSOCIATES
194 Wiwoole St. Hilo, HI 96720
Phone: 808-333-4734
Email: info@zendokern.com
an 11.7 -acre parcel is illogical as the proposed project will not have significant
environmental impacts (as detailed in the County Environmental Report).
The subject property has no identified. historic sites and is not an open shoreline area.
The area of the.subject property (Then part of the larger planned Waikoloa
Highlands Development) was identified as a potential community center and park.
However, in the years since the SKCDP development the Waikoloa Highlands
Development has been stopped and the development of a community park without
development of the community is not reasonable or possible.
Further, analysis of the subject property's suitability for urban land use classification
supports the argument for interpretation of the LUPAG map to be more appropriate
as nearby Medium Density Urban lands. Section IX — of the submitted State Land
Use Boundary Amendment Application details the proposed project's conformance
to Urban District Standards.
The proposed State Land Use Boundary Amendment conforms to Hawai'i
Revised Statutes Chapter 15-15 Section 18 as amended October 11, 2013 in
the following ways:
It shall include lands characterized by "city -like" concentrations of people,
structures, streets, urban level of services and other related land uses;
It shall take into consideration the following specific factors:
Proximity to centers of trading and employment except where the
development would generate new centers of trading and employment.
The subject property is proximate to Waikoloa Village (approximately 1/4
mile to the main intersection of Waikoloa Road and Paniolo Ave). The
subject property is also reasonably close (within 10 to 20 miles) of area
resorts which are major employment centers.
• Availability of basic services such as schools, parks; wastewater systems,
solid waste disposal, drainage, water transportation systems, public
utilities, and police and fire protection; and sufficient reserve areas for
foreseeable urban growth.
As this area is part of the Waikoloa Village area, it is already being
serviced. There is a Fire Station, Library, Post Office and public school
all located within 2 miles of the subject site. The nearest police station is
located in Waimea, 18 miles away. In addition, there are recreation
facilities in the general area as well.
Major urban expansion projects are planned and/or underway in the
Waikoloa area and there are hundreds of acres of land with residential
zoning that could be developed in coming years.
KERN
&ASSOCIATES
194 Wiwoole St. Hilo, HI 96720
Phone: 808-333-4734
Email: info@zendokem.com
• It shall include lands with satisfactory topography, drainage, and
reasonably free from the danger of any flood, tsunami unstable soil
condition, and other adverse environmental effects
There are no serious topographic conditions making the property
unsuitable to urban development. There is one small drainage way that
crosses a portion of the parcel. The hydrology of this drainage has been
detailed in previous studies and poses no significant hazard to potential
development on the property with properly designed and constructed road
crossings.
Land contiguous with existing urban areas shall be given more
consideration than non-contiguous land, particularly when indicated for
future urban use on state or county general plans or county community
plans or development plans.
The South Kohala Community Development Plan identified the area
including the subject parcel as an area of potential urban development.
Also, lands identified in the General Plan LUPAG Map as Medium
Density Urban are found approximately 360 feet to the West of the
subject property.
• It shall include lands in appropriate locations for new urban
concentrations and shall give consideration to areas of urban growth as
shown on the state and county community plans or development plans.
As previously stated, the South Kohala Community Development Plan
identified the area including the subject parcel as an area of potential
urban development. Also, Lands identified in the General -Plan LUPAG
Map as Medium Density Urban are found approximately 360 feet to the
West of the subject property.
`� • It may include lands which do not conform to the standards in paragraphs
(1) to (5):
When surrounded by or adjacent to existing urban development; and only
when those lands represent a minor portion of this district
Though the subject parcel substantially conforms to above criteria, the
subject parcel is adjacent to existing urban development and would
represent a minor portion of this district.
It shall not include lands, the urbanization of which will contribute L_
toward scattered spot urban development, necessitating unreasonable
investment in public infrastructure or support services.
& ASSOCLATES
194 Wiwoole St. Hilo, HI 96720
Phone: 808-333-4734
Email: info@zendokern.com
The subject parcel is proximate to the urban center of Waikoloa Village
and will not contribute to scattered spot urban development.
• It may include lands with a general slope of twenty percent of more if the
commission finds that those lands are desirable and suitable for urban
purposes and that the design and construction controls, as adopted by any
federal, state, or county agency, are adequate to protect the public health,
welfare and safety, and the public's interests in the aesthetic quality of the
landscape.
This criterion does not apply as the subject property has generally 5 to 15
% slope.
2. At this time, the PD is requesting a more consistent description of the proposed
project, including a discussion of the proposed hardware store and a description of
the type of commercial institutions the applicant will target with the development
of a multi -lot commercial subdivision.
The applicant wishes to subdivide the subject property into nine (9) lots, building an
affordable housing project on the largest lot (3.75 acres), possibly eventually
building a hardware store on another, and offering the remaining lots for sale. If
approved, the proposed lots would consist of a minimum of 12,840 square feet in
size.
First and foremost, the applicant's plans for the subdivision include an affordable
housing development. The affordable housing development will consist of 36 units
in seven quad-plex and four duplex buildings as shown in Figure 3 a -e of the
Environmental Report. 60% to 80% of the units will be affordable to households
with incomes at or below 140% of median income.
The applicant's plans for the remaining eight (8) lots are tentative and subject to
change. The applicant may eventually build a hardware store on one of the other lots.
The remaining lots are intended to be sold to various commercial developers and
may include a number of services needed in the Waikoloa area including restaurants,
offices, entertainment venues etc.
At the time that further development of the commercial lots is planned (for the
hardware store, or other commercial lots for instance), traffic impact studies will be
performed and required mitigation implemented.
6
.KEk
lit
194 Wiwoole St. Hilo, HI 96720
Phone: 808-333-4734
■-� & ASSOCIATES Email: info@zendokem.com
We trust that everything is in order for your acceptance and processing of this application.
If not or if there are questions relating to this matter, please feel free to direct them to me.
Thank you very much.
Sincerely,
ZENDO KERN J
Planning Consultant
Enclosures
Copy — Danny Julkowski (Pua Melia LLC)
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COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
DANNY JULKOWSKI
STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 20-000053)
Upon careful review of the request, the Planning Director recommends that an
unfavorable recommendation for the State Land Use Boundary Amendment be forwarded to
the County Council. Since this recommendation is made without the benefit of public testimony,
the Director reserves the right to modify and/or alter this position based upon additional
information presented at the public hearing. The unfavorable recommendation is based on the
following findings:
The applicant, Danny Julkowski (Pua Melia LLC), is requesting a State Land Use
Boundary Amendment from Agricultural to Urban for 11.707 acres of land to create a nine (9)
lot subdivision with commercial and residential components. This request is submitted
concurrently with a Change of Zone application from Open (0) and Residential and Agriculture
1 -acre (RA -la) to a Village Commercial (CV -10) zoning district for the 11.707 -acre parcel to
allow the following commercial and residential development on the subject property:
■ One (1) 4.299 -acre lot situated on the western side of the subject parcel for a
proposed affordable housing development to include 36 "units" in seven (7) quad-
plex and four (4) duplex buildings. According to the applicant, 60% to 80% of the
units will be affordable to households with incomes at or below 140% of the median
income.
■ Three (3) lots situated on the eastern side of the subject property totaling 5.971 acres
which are slated for commercial development, including the possible future
development of a hardware store.
■ Five (5) commercial lots situated on the southern side of the subject property, each
with a minimum land area of approximately 12,840 square feet (total 1.437 acres) to
be sold to various commercial developers; and
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■ One (1) road lot, consisting of an entrance to Waikoloa Road, a cul-de-sac, and access
road to the largest (residential) lot.
Tentative plans call for securing subdivision approval by the end of 2020. Thereafter, the
applicant will construct the necessary improvements within the subdivision. The estimated
timeframe to complete the infrastructure improvements and obtain final subdivision approval is
approximately 24 months. The estimated cost of improvements for this proposed project is
$4,0005000.
Based oil Chapter 28 of the Hawaii County Code and Planning Commission Rule 13, the
approval for the reclassification of the State Land Use District Boundary Amendment requires
that the -proposed reclassification conforms to the applicable goals, policies, standards, and
courses of action of the General Plan and implementing ordinances, plans and documents. No
amendment shall be approved unless it conforms to the General Plan. However, a proposed
amendment may be combined with a request to amend the General Plan.
The request to reclassify the property to the State Land Use Urban District would
be inconsistent with the General Plan Land Use Pattern Allocation Guide (LUPAG) map
for this area, which is designated as Open and Rural. The Land Use Pattern Allocation Guide
(LUPAG) Map component of the General Plan (GP) is a representation of the document's goals
and policies to guide the coordinated growth and development of the County. The LUPAG map
reflects a graphic depiction of the physical relationship among the various land uses and
establishes the basic urban and non -urban form for areas within the County.
This proposed request to reclassify the district boundary from Agricultural to Urban,
along with the change the zoning of the subject parcel to CV -10, does not conform with the
General Plan LUPAG map which designates most of the property as open (o) and a smaller
portion as rural (rur). The proposed request to reclassify the district boundary from Agricultural
to Urban and to change the zoning to a CV -10 zoning district would allow for numerous
J
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permitted uses that are inconsistent with uses commonly associated with the open and rural
LUPAG designations. It is also evident that the LUPAG designations for the previous Waikoloa
Highlands project indicate there is a cogent relationship between the rural and open zoning
designations with that of the current Residential and Agricultural 1 -acre (RA -la) and Open (0)
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County zoning of the subject parcels where a clear consistent intent in land use design is
represented.
The applicant has claimed that given the broad -brush nature of the General Plan LUPAG
map designations, the subject parcel should be considered consistent with the medium density
urban (mdu) zoning designation, which is located across Pua Melia Street, approximately 360
feet west of the of the most western tip of the subject parcel. The Planning Department provided
a determination on the GP LUPAG designation for the proposed property by letter dated
June 3, 2019, stating the General Plan LUPAG map specifically identifies the subject property as
being within the open (ope) and rural (rur) designations, which follows the County zoning for the
property. The adjoining property to the west and the area north of the property across Waikoloa
Road are situated within the extensive agriculture (ea) GP LUPAG map designation. The nearest
area within the medium density urban (mdu) GP LUPAG Map designation is located further west
across Pua Malia Street, which is over one thousand (1,000) feet away along Waikoloa Road,
where access would occur. Even though the GP LUPAG map boundaries are broad brush, the
property cannot. be interpreted to be within the medium density urban designation given its
distant location. As mentioned above, since the request is inconsistent with the General Plan, the
applicant could submit a proposed amendment request to amend the General Plan LUPAG map
for this property.
The request to reclassify the property to the State Land Use Urban District would
be inconsistent with the to the following goals, policies, and standards of the Land Use -
General 'and Land Use -Commercial Elements of the General Plan. In .addition to assessing
the proposed project's consistency with the General Plan LUPAG map designation for the area,
the proposed request is also assessed in relationship to its consistency with the goals, policies,
and standards of the General Plan. The General Plan is the policy guide for the coordinated
growth and development of all sectors of the County. It sets forth goals, policies, standards, and
courses of action to accommodate growth without congestion, to designate and preserve the
lands needed for residential use, commercial and visitor services, industry, agriculture and open
space, and to coordinate these uses with the County's service and infrastructure systems. The
overall goals, policies and standards are set forth to physically plan the lands in the County in the
best interest of the island's residents. Land Use is one of the principal focal points of public
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concern and policy. The Land Use Element of the General Plan provides the primary basis for
direct control and guidance of publicly and privately owned resources. The following outlines
how the proposed request to reclassify the district boundary from Agricultural to Urban, which is
submitted along with a request to change the zoning to CV -10, is not consistent with the listed
goals, policies, and actions of the Land Use — General and Land Use — Commercial elements of
the General Plan:
Land Use — General 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.
As discussed previously, the proposed boundary amendment and change of zoning to
CV -10 does not comply with the General Plan LUPAG map designations of the property, which
are open and rural. As discussed below, the proposed boundary amendment and change of
zoning to CV -10 is also inconsistent with the General Plan districts goals or the regional plan for
this area (the South Kohala CDP). Additionally, the availability of public services, utilities
(infrastructure) and access to this property are currently lacking to support this project.
District Goals: For the South Kohala district, one of the Courses of Action in the General
Plan Land Use Commercial Element states the following:
• Continue the concentration of commercial uses in Waimea, Kawaihae, Waikoloa Village,
and in the resort areas. Do not allow strip or spot commercial development on highways
outside of these primary commercial areas.
The proposed project is inconsistent with this Course of Action in the General Plan as it
is not located with the concentrated commercial area of Waikoloa Village and is creating a spot
commercial development along Waikoloa Road outside of the primary commercial area.
Infrastructure: The subject property is not served with the required infrastructure,
utilities, and transportation facilities to support the proposed boundary amendment from
Agricultural to Urban, as well as the change to CV -10, and will require significant infrastructure
improvements to establish the proposed commercial and residential uses for the property.
I"
Land Use — Commercial Element
• Commercial facilities shall be developed in areas adequately served by necessary
services, such as water, utilities, sewers, and transportation systems.
As mentioned previously, the subject property of the proposed boundary amendment on
which the applicant has proposed commercial development is not served with the required
infrastructure, utilities, and transportation facilities to support the proposed boundary amendment
from Agricultural to Urban, as well as the change to � CV -10, and will require significant
infrastructure improvements to establish the proposed commercial and residential uses.
The request to reclassify the property to the State Land Use Urban District would
be inconsistent with the to the Waikoloa Village Conceptual Plan and to the policies and
strategies for Waikoloa Village in the South Kohala Community Development Plan.
Regional and/or Community Development Plans are intended to implement the broad goals
within the General Plan on a regional basis. They serve to designate and coordinate detailed
development patterns and infrastructure needs throughout the County. The plans detail land use
policies and infrastructure priorities, transportation, recreation, and other major land use policies
within each area and must be developed with participation by the affected communities and
adopted by ordinance by the County Council. The proposed boundary amendment and
accompanying change of zone request is not consistent with the policies and strategies of the
South Kohala Community Development Plan (SKCDP), which was adopted by the Hawaii
County Council, Ordinance 08 159 on November 20, 2008.
The SKCDP was divided up into four (4) different "plans" addressing each of the four
areas with the South Kohala District. These four (4) plans were the Waimea Town Plan, the
Waikoloa Village Plan, the Kawaihae Plan and the Puako Community Plan. The Waikoloa Plan
included a Waikoloa Village Conceptual Plan that presents in graphic and narrative form general
policies and strategies for the long-range — 20+ year look -ahead — future of Waikoloa Village.
The Waikoloa Village Conceptual Plan identifies detailed development patterns and
infrastructure needs for this specific area The proposed development does not conform with the
Waikoloa Village Conceptual Plan, which identifies the subject property and immediate area as
the No. 1 alternative for a community center and park. The location of the proposed development
is not identified for commercial uses for the future of this area in the plan.
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Additionally, the Waikoloa Village Plan has four (4) main policies, which each policy
has a number of strategies for implementation of these policies. These four (4) main policies are
with an emphasis on 1) Provide Needed Infrastructure and Community Facilities for a Growing
Community, 2) ' Environmental Stewardship, Sense of Place, Open Space, 3) Provide
Transportation and Circulation Improvements in a Timely manner, and 4) Encourage Affordable
Housing and Smart Growth. The proposed development does not conform to the following
policies and strategies of the SKCDP:
Policy 1. Provide Needed Infrastructure and Community Facilities for a Growing
Community.
Strategy 1.1 Plan, Fund, and Construct a Community Center and Community Park.
There has been considerable discussion within the Waikoloa community regarding the
need for a Community Center and a Community Park. In January 2007, a "Community Center
Planning Committee" was formed, consisting of a number of Waikoloa Village residents.
Through a series of meetings and discussions, including extensive input from the Waikoloa
community, the committee identified five alternative sites for a community center. As mentioned
previously, the Waikoloa Village Conceptual Plan identifies the subject property and immediate
area as the No. 1 alternative site for a community center and park. The location of the proposed
development is not identified for commercial uses for the future of this area in the plan. The
proposed development does not align with Strategy 1.1.
Strategy 1.4 Develop a Major Commercial Center for Waikoloa Village with shops,
stores, and small business opportunities.
The SKCDP expounded in detail regarding the construction of the commercially zoned
45 -acre parcel, which is the location of the proposed Waikoloa Plaza. The plan concluded that
given the proposed square footage of the retail commercial space, it appears that the 45 -acre
commercial center at Waikoloa Village can provide for the population's local retail commercial
needs for the next 15 to 20 years. Given that this proposed major commercial center will provide
the commercial needs of the community for a given period of time upon its completion, the
request to rezone another property to commercial, which is located outside of the identified
commercial area for Waikoloa Village, would be untimely and inconsistent with Strategy 1.4.
Policy 3. Provide Transportation and Circulation Improvements in a Timely manner.
Strategy 3.6 Implement traffic safety improvements along Waikoloa Road.
Portions of the two-lane Waikoloa Road are very hazardous. There are parts of the road
that are curvy and steep. Furthermore, there are stretches of roadway with little or no paved
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shoulders, let alone any room on the roadway for bicyclists or pedestrians. Several. suggested
traffic safety improvements for Waikoloa Road include: 1) Construct paved shoulders that are of
a safe width, 2) Construct separated bicycle and walking paths along the roadway, and 3)
Construct truck runaway ramps in appropriate locations along the roadway. As mentioned
previously, this proposal does not incorporate any traffic, intersection, pedestrian, or bicycling
improvements to connect this development to the nearby Waikoloa Village and future Waikoloa
Plaza.
In summary, when reviewing the overall direction of the SKCDP, we observed a clear
direction of the plan to discourage further development of urban development, including
commercial lots, east of Paniolo Road and Pua Melia Road as those lands provide a buffer
between the Waikoloa Village (one of the fastest growing communities in the County) and the
more rural/agricultural lands to the east. It should be noted'that outreach during the formation of
the SKCDP found that parks and outdoor recreation were one of the highest community needs as
well as the inclusion of smaller playgrounds and community parks in the region. Adjacent to the
future commercial center (Waikoloa Plaza) there is an established U.S. Post Office and County
Fire Station — it is in this area the community desires to concentrate the commercial and more
"urban" uses and zoning. The applicant's proposal to construct housing in the rear of the subject
parcel would necessitate an approximately 3,500 -foot walk from the proposed residences to the
Post Office; the walk to Waikoloa Plaza would be even further and would require crossing the
busy Pua Melia/Waikoloa Road intersection.
As discussed above, the proposed request to reclassify the district boundary and to
change the zoning for the subject property 1) is not consistent with the General Plan LUPAG
map for this area, 2) isnot consistent with the General Plan goals, policies and standards of the
Land Use -General and Land Use -Commercial Elements of the General Plan, which includes not
meeting the minimum concurrency standards for traffic, water, and wastewater for this
commercial and residential development, and lastly, 3) does not conform to the Waikoloa
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Village Conceptual Plan nor does it conform to the policies and strategies for Waikoloa Village
in the South Kohala Community Development Plan.
Urban Districts shall include lands characterized by "city -like" concentrations of
people, structures, streets, urban level of services and other related land uses. The project
site is located on an undeveloped and barren area completely set away from the larger
commercial center of Waikoloa Plaza/Waikoloa Village. There are no established utilities at this
site without substantial improvements and State agency approvals. The roadway improvements
necessary to accommodate an additional commercial center east of Waikoloa Plaza and the
Paniolo Rd/Waikoloa Road intersection are extensive and have been established as a priority for
the community prior to permitting additional zoning or development changes. The proposed
reclassification, without any, specific details regarding traffic, wastewater, and types of
commercial uses, places a large burden on the community to wait for a developer to conduct
necessary and warranted infrastructure and utility improvements in rural and open space areas.
Based on the above, the Planning Director is recommending that the Leeward Planning
Commission send an unfavorable recommendation for the proposed district boundary
amendment request to the Hawaii County Council.
COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO.
(RANA 0.0 1P
AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE
COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE
AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT WAIKOLOA, SOUTH
KOHALA, HAWAII (TAX MAP KEY: 6-8-002:057). f
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The State Land Use Boundaries Maps for the County of Hawaii are
amended to change the district classification of property described hereinafter as follows:
The district classification of the following area situated at Waikoloa, South
Kohala, Hawaii, shall be Urban:
Beginning at the Northwesterly corner of this parcel of land, being also the
Northeasterly corner of Lot 2 -B -2-A of this subdivision and being a point on the
Southerly side of Waikoloa Road, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUU HINAI" being 8,326.80 feet North and
1,688.99 feet West and running by azimuths measured clockwise from True South:
1. 2910 44' 07" 455.27 feet along the Southerly side of Waikoloa
` Road to a point;
2. 210 44' 07" 565.00 feet along Lot 2 -B -2-C of this subdivision
and along the remainders of Lot 2-B-2 and
Royal Patent 5671, Land Commission
Award 8521-B, Apana 1 to G. D. Hueu to a
point;
3. 1110 44' 07" 105.29 feet along Lot 2 -B -2-C of this subdivision
and along the remainders of Lot 2-B-2 and
Royal Patent 5671, Land Commission
Award 8521-B, Apana 1 to G. D. Hueu to a
point;
4. 259" 46' 854.64 feet along Lot 2-B-1 and along the reminder
of Royal Patent 5671, Land Commission
Award 8521-B, Apana 1 to G. D. Hueu to a
point;
Thence, for the next four (4) courses following along -Lot 2 -B -2-A of this
subdivision and along the remainders of Lot 2-b-2 and Royal Patent 5671, Land
Commission Award 8521-B, Apana 1 to G. D. Hueu:
5. 210 44' 07" 244.00 feet to a point;
6. 291 ° 44' 07" 405.00 feet to a point;
Thence, following on a curve to the left with a radius of 2 0. 00 feet, -the chord
azimuth and distance being:
7. 2460.44' 07" 28.28 feet to a point;
8. 2010 44' 07" 336.51 feet to the point of beginning and containing
an area of 11.707 Acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. This change in district classification is conditioned upon the following:
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
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SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
Hilo, Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
COUNCIL MEMBER, COUNTY OF HAWAII
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AGRICULTURAL
AGRICULTURAL
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AMENDMENT TO THE STATE LAND USE.
BOUNDARIES MAPS
AMENDING THE STATE LAND USE BOUNDARIES MAP
FOR THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION
FROM THE AGRICULTURAL DISTRICT TO THE URBAN DISTRICT
AT WAIKOLOA, SOUTH KOHALA, HAWAII
MAP PREPARED BY:
TMK: (3) 6-8-002:057 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE: May 6, 2020
KHIBIT "A" Pua Melia LLC
Map 19-201
RJulkowskiREz UNFAV 6/22/2020
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
DANNY JULKOWSKI
CHANGE OF ZONE APPLICATION (REZ 20-000241)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that an unfavorable recommendation for a Change of
Zone request from an Open (0) and Residential and Agriculture 1 -acre (RA -la) to a
Village Commercial (CV -10) zoning district be forwarded to the County Council. Since this
recommendation is made without the benefit of public testimony, the Director reserves the right
to modify and/or alter this position based upon additional information presented at the public
hearing. This unfavorable recommendation is based on the following findings:
The applicant is requesting a Change of Zone from Open (0) and Residential and
Agriculture 1 -acre (RA -la) to a Village Commercial (CV -10) zoning district for the entire
11.707 -acre parcel.
If the requested land use entitlement changes are approved, the applicant's current
proposed project includes plans to subdivide the 11.707 -acre parcel into nine (9) buildable lots
and one (1) road lot, including:
■ One (1) 4.299 -acre lot situated on the western side of the subject parcel for a
proposed affordable housing development to include 36 "units" in seven (7) quad-
plex and four (4) duplex buildings. According to the applicant, 60% to 80% of the
units will be affordable to households with incomes at or below 140% of the median
income.
■ Three (3) lots situated on the eastern side of the subject property totaling 5.971 acres
Which are slated for commercial development, including the possible future
development of a hardware store.
Five (5) commercial lots situated on the southern side of the subject property, each
with a minimum land area of approximately 12,840 square feet (total 1.437 acres) to
be sold to various commercial developers; and
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■ One (1) road lot, consisting of an entrance to Waikoloa Road, a cul-de-sac, and access
road to the largest (residential) lot.
Tentative plans call for securing subdivision approval by the end of 2020. Thereafter, the
applicant will construct the necessary improvements within the subdivision. The estimated
timeframe to complete the infrastructure improvements and obtain final subdivision approval is
approximately 24 months. The estimated cost of improvements for this proposed project is
$4,000,000.
In considering a zoning amendment initiated by a property owner or other person which
proposes to change the district classification of any property, the Planning Director shall consider
the purposes of the existing and proposed district and the purposes of the Zoning Code (Chapter
25 of the Hawaii County Code) and shall recommend a change in a district boundary only
where it will result in a more appropriate land use pattern that will further the public
necessity and convenience and the general welfare, and be consistent with the goals, policies
and standards of the General Plan.
In order to consider an area for any type of zoning designation, the applicable goals,
policies and standards of the General Plan must be adequately addressed. It is only through such
a comprehensive policy analysis approach that evaluations and decisions can be made to better
time and stage developments to achieve growth determined by the General Plan, Community
Development Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar areas in the County.
Based on these criterion, the primary factors for this unfavorable recommendation are: 1) the
proposed request for Village Commercial (CV) zoning is not consistent with the goals, policies,
and actions of the General Plan (GP), and 2) the proposed request is not consistent with the
goals, objectives and actions of and South Kohala Community Development Plan (SKCDP), nor
would it further the public necessity or result in -an appropriate land use pattern in this region;
therefore, the existing Open (0) and Residential and Agricultural (RA -1 a) zoning district should
be retained.
The Change of Zone Request from an Open (0) and Residential and Agriculture
1 -acre (RA -la) to a Village Commercial (CV -10) zoning district does not conform the
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General Plan Land Use Pattern Allocation Guide (LUPAG) map for this area, which is
designated as Open and Rural.
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan
(GP) is a representation of the document's goals and policies to' guide the coordinated growth and
development of the County. The LUPAG map reflects a graphic depiction of the physical
relationship among the various land uses and establishes the basic urban and non -urban form for
areas within the County.
This proposed request to change the zoning of the subject parcel to CV -10 does not
conform with the General Plan LUPAG map, which designates most of the property as open (o)
and a smaller portion as rural (rur). While the open designation is typically reserved for parks
and other recreational areas, historic sites, and open shoreline areas, the rural designation
includes existing subdivisions that have a significant residential component. These subdivisions
may contain small farms, wooded areas, and open fields as well as residences. Allowable uses
within the rural zoning district may include commercial facilities that serve the residential and
agricultural uses in the area, along with community and public facilities. The rural zoning
designation does not necessarily mean that these areas should be further subdivided into smaller
lots as most lack the basic infrastructure (i.e., water, sewer) necessary to allow further
subdivision. The proposed request to change the parcel to a CV -10 zoning district would allow
for numerous permitted uses that are inconsistent with uses commonly -associated with the open
and rural LUPAG designations. It is also evident that the LUPAG designations for the previous
Waikoloa Highlands project indicate there is a cogent relationship between the rural and open
zoning designations with that of the current Residential and Agricultural 1 -acre (RA -la) and
Open (0) County zoning of the subject parcels where a clear consistent intent in land use design
is represented.
The applicant has claimed that given the broad -brush nature of the General Plan LUPAG
map designations, the subject parcel should be considered consistent with the medium density
urban (mdu) zoning designation, which is located across Pua Melia Street approximately 360 feet
west of the of the most western tip of the subject parcel. The Planning Department provided a
determination on the GP LUPAG designation for the proposed property by letter dated
i
June 3, 2019, stating the General Plan LUPAG map specifically identifies the subject property as
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being within the open (ope) and rural (rur) designations, which follows the County zoning for the
property. The adjoining property to the west and the area north of the property across Waikoloa
Road are situated within the extensive agriculture (ea) GP LUPAG map designation. The nearest
area within the medium density urban (mdu) GP LUPAG Map designation is located further west
across Pua Malia Street, which is over one thousand (1,000) feet away along Waikoloa Road,
where access from the proposed subdivision would occur. Even though the GP LUPAG map
boundaries are broad brush, the property cannot be interpreted to be within the medium density
urban designation given its distant location.
The Change of Zone Request from an Open (0) and Residential and Agriculture
1 -acre (RA -la) to a Village Commercial (CV -10) zoning district does not conform to the
following goals, policies, and standards of the Land Use -General and Land Use -
Commercial Elements of the General Plan.
In addition to assessing the proposed project's consistency with the LUPAG map
designation for the area, the proposed request is also assessed in relationship to its consistency
with the goals, policies, and standards of the General Plan. The GP is the policy guide for the
coordinated growth and development of all sectors of the County. It sets forth goals, policies,
standards, and courses of action to accommodate growth without congestion, to designate and
preserve the lands needed for residential use, commercial and visitor services, industry,
agriculture and open space, and to coordinate these uses with the County's service and
infrastructure systems. The overall goals, policies and standards are set forth to physically plan
the lands in the County in the best interest of the island's residents. Land Use is one of the
principal focal points of public concern and policy. The Land Use Element of the General Plan
provides the primary basis for direct control and guidance of publicly and privately owned
resources. The following outlines how the proposed request to change the zoning to CV -10 is not
consistent with the listed goals, policies, and actions of the Land Use — General and Land Use —
Commercial elements of the General Plan:
Land Use — General 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.
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As discussed previously, the proposed change to CV -10 zoning does not comply with the
General Plan LUPAG map designations of the property, which are open and rural. As discussed
below, the proposed change of zone request is also inconsistent with the General Plan districts
goals, the regional plan for this area (the South Kohala CDP), and it is not compatible with the
adjacent zoned areas, which are zoned Open, RA -la, and A-5 a. Additionally, the availability of
public services, utilities (infrastructure) and access to this property are currently lacking to
support this project. Lastly, the public need for this project is minimal as there is a large
commercial area currently being constructed to the west, which is proposing a hardware store to
provide support for this area.
District Goals: For the South Kohala district, one of the Courses of Action in the General
Plan Land Use - Commercial Element states the following:
• Continue the concentration of commercial uses in Waimea, Kawaihae, Waikoloa Village,
and in the resort areas. Do not allow strip or spot commercial development on highways
outside of these primary commercial areas.
The proposed project is inconsistent with this Course of Action as it is not located with
the concentrated commercial area of Waikoloa Village and is creating a spot commercial'
development along Waikoloa Road outside of the primary commercial area.
There are several commercial developments within the Waikoloa area. For a number of
years, the main commercial area for Waikoloa Village has been the Waikoloa Highlands Center,
which consists of a large market, restaurants, offices, personal service uses, gas station and other
related establishments. This is located at the northwestern corner of the Paniolo Avenue/Pua
Melia intersection. There is a new large commercial area called Waikoloa Plaza that is currently
under construction, which is located southwest of the Paniolo Avenue/Pua Melia intersection and
south of Waikoloa Village. Access by motor vehicles to the plaza will include two major
entrances, one on Waikoloa Road and another on Pua Melia Street. The 130,000 -square foot
shopping center will encompass 19 acres, with 35 retail stores filling spaces from 800 to 35,000
square feet. The retail stores of Waikoloa Plaza will include a gas station, hardware store, food,
health and fitness, and other retail establishments to serve the region. Additionally, this project is
proposed to provide several hundred affordable rental units (the Lofts) upon completed.
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Infrastructure: The subject property is not served with the required infrastructure,
utilities, and transportation facilities to support the proposed CV -10 zoning and will require
significant infrastructure improvements to establish the proposed 'commercial and residential
uses.
Public Need: The public need for this project has been greatly diminished with the -
development of the Waikoloa Plaza, which is currently under construction. Waikoloa Plaza has
a lease for a hardware store and is proposing to build several hundred affordable housing units.
Land Use — Commercial Element
• Commercial facilities shall be developed in areas adequately served by necessary
services, such as water, utilities, sewers, and transportation systems.
As mentioned previously, the subject property proposing the commercial development is
not served with the required infrastructure, utilities, and transportation facilities to support the
proposed CV -10 zoning and will require significant infrastructure improvements to establish the
proposed commercial and residential uses. The following discussion highlights these issues: 1
Water: Water services for Waikoloa Village are supplied by the West Hawaii Water
Company (WHWC), a privately -owned and managed utility certified by the Public Utilities
Commission of the State of Hawaii (PUC). According to WHWC, the subject parcel is within
the existing service territory and water is available subject to the issuance of a "will serve", letter
and in accordance with WHWC's rules and regulations and associated infrastructure
improvements. Despite the initial availability determination, water service for the project is not
secured until such time as an Extension Agreement is executed and Contribution in Aid of
Construction is paid. Any connections to WHWC systems are the responsibility of the
developer/landowner. To date, the applicant has not provided evidence that they have taken any
of the steps outlined above to secure water service for the proposed project.
Wastewater: Sewer connection is proposed to be provided by the West Hawaii Sewer
Company (WHSC), a privately -owned and managed utility certified by -the Public Utilities
Commission of the State of Hawaii, however, wastewater infrastructure is not currently
available to the project area. Prior to the proposed subdivision connecting to wastewater utility
lines, the WHWC will be required to obtain PUC approval to expand their service area as the
proposed subdivision is not currently within the WHWC service area. If PUC approval is granted
Ell
the applicant or other entity will be required to construct the appropriate utility connection along
Waikoloa Road .meeting design standards approved by other State and County agencies. Staff
notes the construction of a private utility within the County ROW may trigger the need for an
Environmental Assessment (EA) prior to development. The applicant has not provided any
indication the PUC is willing to approve the increase in distribution area for wastewater service
nor has the applicant provided any alternative wastewater treatment plan should the PUC fail to
support expanding the WHWC service area to this proposed project site.
Transportation Systems: This application presents a proposal to create one (1)
egress/ingress into the proposed mixed-use development located on the subject parcel. To date,
no Traffic Impact Analysis Report (TIAR) was submitted as part of the application, and the
applicant merely states that the proposed development of.36 residential units and nine (9)
commercial lots will not generate the trips necessary to trigger a TIAR. The transportation
facilities within Waikoloa Road, especially in the vicinity of the Paniolo Drive intersection are
becoming increasingly inadequate to support the current and expected traffic conditions. Despite
the applicant's proposed nine (9) -lot subdivision, the requested CV -10 zoning designation (with
a minimum lot size of 10,000 square feet) would permit a maximum density of fifty (50) lots
(excluding land area to be set aside for roads, sidewalks, etc.) and would allow high intensity
commercial uses beyond what is currently proposed. For this reason, the Planning Department
indicated in writing to the applicant that, "...the proposed uses trigger the need for a Traffic
Impact Analysis Report (TIAR) per Section 25-2-46 (d) of Hawaii County Code (Zoning
Code)." If the change of zone were approved, the permitted level of development of the CV -10
zoning designation would necessitate the need for a TIAR. Additionally, the applicant has
provided limited details on the specific type/style of commercial development and therefore
requires that the maximum zoning use of the subject parcel be considered during regulatory
review. The requirement of the TIAR is not triggered by the construction of the housing units
exclusively, but by the change of zone application itself. Pursuant to Hawaii County Code (HCC)
25-2-46(d(1), when the number of trips depends upon the exact future uses of the site, and those
uses are unknown at the time of zoning amendment (e.g., types of commercial uses), the
determination shall be based upon a typical mix of uses found in that zoning type in the
community. Furthermore, the Department of Public Works (DPW) — Engineering Division
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commented that a TIAR may be required and DPW -Traffic Division commented that the
applicant, "shall construct the roundabout improvements to the intersection of Waikoloa Road
and Paniolo Avenue, meeting with the approval of the DPW. The roundabout improvements
shall be completed prior to the issuance of any Certificate of Occupancy for the subject
property."
Additionally, this proposal does not incorporate any traffic, intersection, pedestrian, or
bicycling improvements to connect this development to the nearby Waikoloa Village and future
Waikoloa Plaza. Community strategies focus on implementing traffic safety improvements along
Waikoloa Road as portions of the two-lane Waikoloa Road is considered hazardous. Several
community driven recommended traffic safety improvements for Waikoloa Road have been
presented, more specifically, to construct paved shoulders for safe access, and to construct
separated bicycle and walking paths along the roadway (i.e., Waikoloa Road).
Lastly, the applicant's request brings to light an issue that was highlighted by the South
Kohala Community Development Plan Action Committee (AC) in a report titled "Paniolo
Avenue-Waikoloa Road Intersection". In that report the AC states that the intersection of
Waikoloa Road, Paniolo Avenue and Pua Melia Street at Waikoloa Village has become
increasingly dangerous and needs safety improvements. The intersection is also steadily
becoming busier, and certain routes necessitate a comprehensive review of the acceptable level
of service (LOS) for this type of intersection when planning for future growth. The AC report
further states that allowing development density to increase without proper traffic studies and
built solutions would be a negligible permitting practice unless proper conditions or assurances
are in place, and "...the requirement of the TIAR is not triggered by the construction of the
housing- units exclusively, but by the change of zone application itself." Options for developing
improvements to the intersection have been considered in the past and added as developer
obligations, but those have not resulted in producing the needed safety improvements. The AC
believes that the project will certainly increase the amount of traffic on Waikoloa Road and
congestion at the intersection. It heightens the urgency to address safety issues at the intersection
via a traffic light or roundabout and provide another access road to the village. Therefore, the
applicant's proposed project of nine (9) commercial lots with no specific tenants or commercial
types, which is sited across the aforementioned busy intersection, appears to not have taken the
Waikoloa Plaza development into account when submitting this proposed change of zone.
Despite the preceding, the applicant has deferred the pursuit of the TIAR and implementation of
required traffic mitigation to the future if/when the commercial uses are developed.
The proposed change of zone from an Open (0) and Residential and Agriculture
1-acre (RA-la) to a Village Commercial (CV-10) zoning district does not conform to the
Waikoloa Village Conceptual Plan nor does it conform to the policies and strategies for
Waikoloa Village in the South Kohala Community Development Plan. Regional and/or
Community Development Plans are intended to implement the broad goals within the General
Plan on a regional basis. They serve to designate and coordinate detailed development patterns
and infrastructure needs throughout the County. The plans detail land use policies and
infrastructure priorities, transportation, recreation, and other major land use policies within each
area and must be developed with participation by the affected communities and adopted by
ordinance by the County Council. The proposed change of zone request is not consistent with the
policies and strategies of the South Kohala Community Development Plan (SKCDP), which was
adopted by the Hawaii County Council, Ordinance 08 159 on November 20, 2008.
The SKCDP was divided up into four (4) different "plans" addressing each of the four
areas with the South Kohala District. These four (4) plans were the Waimea Town Plan, the
Waikoloa Village Plan, the Kawaihae Plan, and the Puako Community Plan. The Waikoloa Plan
included a Waikoloa Village Conceptual Plan that presents in graphic and narrative form general
policies and strategies for the long-range — 20+ year look-ahead — future of_ Waikoloa Village.
The Waikoloa Village Conceptual Plan identifies detailed development patterns and
infrastructure needs for this specific area The proposed development does not conform with the
Waikoloa Village Conceptual Plan, which identifies the subject property and immediate area as
the No. 1 alternative for a community center and park. The location of the proposed development
is not identified for commercial uses for the future of this area in the plan.
Additionally, the Waikoloa Village Plan has four (4) main policies, which each policy
has a number of strategies for implementation of these policies. These four (4) main policies are
with an emphasis on 1) Provide Needed Infrastructure and Community Facilities for a Growing
Community, 2) Environmental Stewardship, Sense of Place, Open Space, 3) Provide
Transportation and Circulation Improvements in a Timely manner, and 4) Encourage Affordable
M
Housing and Smart Growth. The proposed development does not conform to the following
policies and strategies of the SKCDP:
Policy 1. Provide Needed Infrastructure and Community Facilities for a Growing
Community.
Strategy 1.1 Plan, Fund, and Construct a Community Center and Community Park.
There has been considerable discussion within the Waikoloa community regarding the
need for a Community Center and a Community Park. In January 2007, a "Community Center
Planning Committee" was formed, consisting of a number of Waikoloa Village residents.
Through a series of meetings and discussions, including extensive input from the Waikoloa
community, the committee identified five alternative sites for a community center. As mentioned
previously, the Waikoloa Village Conceptual Plan identifies the subject property and immediate
area as the No. 1 alternative site for a community center and park. The location of the proposed
development is not identified for commercial uses for the future of this area in the plan. The
proposed development does not align with Strategy 1.1.
Strategy 1.4 Develop a Major Commercial Center for Waikoloa Village with shops,
stores, and small business opportunities.
The SKCDP expounded in detail regarding the construction of the commercially zoned
45 -acre parcel, which is the location of the proposed Waikoloa Plaza. The plan concluded that
given the proposed square footage of the retail commercial space, it appears that the 45 -acre
commercial center at Waikoloa' Village can provide for the population's local retail commercial
needs for the next 15 to 20 years. Given that this proposed major commercial center will provide
the commercial needs of the community for a given period of time upon its completion, the
request to rezone another property to commercial, which is located outside of the identified
commercial area for Waikoloa Village, would be untimely and inconsistent with Strategy 1.4.
Policy 3. Provide Transportation and Circulation Improvements in a Timely manner.
Strategy 3.6 Implement traffic safety improvements along Waikoloa Road.
Portions of the two-lane Waikoloa Road are very hazardous. There are parts of the road
that are curvy and steep. Furthermore, there are stretches of roadway with little or no paved
shoulders, let alone any room on the roadway for bicyclists or pedestrians. Several suggested
traffic safety improvements for Waikoloa Road include: 1) Construct paved shoulders that are of
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a safe width, 2) Construct separated bicycle and walking paths along the roadway, and 3)
Construct truck runaway ramps in appropriate locations along the roadway. As mentioned
previously, this proposal does not incorporate any traffic, intersection, pedestrian, or bicycling
improvements to connect this development to the nearby Waikoloa Village and future Waikoloa
Plaza.
In summary, when reviewing the overall direction of the SKCDP, we observed a clear
direction of the plan to discourage further development of commercial lots east of Paniolo Road
and Pua Melia Road as those lands provide a buffer between. the Waikoloa Village (one of the
fastest growing communities in the County) and the more rural/agricultural lands to the east. It
should be noted that outreach during the formation of the SKCDP found that parks and outdoor
recreation were one of the highest community needs as well as the inclusion of smaller
playgrounds and community parks in the region. Adjacent to the future commercial center
(Waikoloa Plaza) there is an established U.S. Post Office and County Fire Station — it is in this
area the community desires to concentrate the commercial and more "urban" uses and zoning.
The applicant's proposal to construct housing in the rear of the subject parcel would necessitate
an approximately 3,500 -foot walk from the proposed residences to the Post Office; the walk to
Waikoloa Plaza would be even further and would require crossing the busy Pua Melia/Waikoloa
Road intersection.
As discussed above, the proposed request to change the zoning district of the subject
parcel from Open (0) and Residential and Agriculture 1 -acre (RA -la) to a Village Commercial
(CV -10) zoning district 1) is not consistent with the General Plan LUPAG map for this area, 2) is
not consistent with the General Plan goals, policies and standards of the Land Use -General and
Land Use -Commercial Elements of the General Plan, which includes not meeting the minimum
concurrency standards for traffic, water, and wastewater for this commercial and residential
,development, and lastly, 3) does not conform to the Waikoloa Village Conceptual Plan nor does
it conform to the policies and strategies for Waikoloa Village in the South Kohala Community
Development Plan.
Based on the preceding discussion, the Planning Director is recommending that the
Leeward Planning Commission send an unfavorable recommendation for the proposed change of
zone request to the Hawaii County Council.
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COUNTY OF HAWAI `I
ORDINANCE NO.
STATE OF HAWAII
BILL NO.
�r�W�Nb
AW
t::1'X
AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH & SOUTH KOHALA DISTRICT
ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE
1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT
CLASSIFICATION FROM OPEN (0) AND RESIDENTIAL & AGRICULTURAL — ONE
ACRE (RA -1 a) TO VILLAGE COMMERCIAL —10,000 S QUARE FEET (CV -10) AT
WAIKOLOA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-8-002:057.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-7, Article 8, Chapter 25 (Zoning Code) of the Hawaii County
Code 1983 (2016 Edition, as amended) is amended to change the district classification of
property described hereinafter as follows:
The district classification of the following area situated at Waikoloa, South
Kohala, Hawaii, shall be Village Commercial — 10,000 square feet (CV -10):
PARCEL A
Beginning at the Southeasterly corner of this parcel of land, being also a point on
the Southerly boundary of Lot 2 -B -2-B and a point on the Northerly boundary of Lot 2-
B -2-C, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "PUU HINAI" being 7,972.66 feet North and 2,326.87 feet West
and running by azimuths measured clockwise from True South:
Thence, for the next five (5) courses following along the remainder of Royal
Patent 5671, Land Commission Award 8521-B. Apana 1 to G. D. Hueu:
1. 1110
44' 07"
688.57
feet along Lot 2 -B -2-C to a point;
2. 259°
46'
854.64
feet along Lot 2 -B -1 -to a point;
3. 210
44' 07"
244.00
feet along Lot 2 -B -2-A to a point;
4. 2910
44' 07"
259.09
feet along Lot 2 -B -2-A to a point;
-1-
5. 76° 32' 361.68 feet along the remainder of Lot 2 -B-
2 -B to the point of beginning and
containing an area of 4.299 Acres.
PARCEL B
Beginning at the Southwesterly corner of this parcel of land, being also a point
on the Southerly boundary of Lot 2 -B -2-B and a point on the Northerly boundary of Lot
2-B-2-05 the coordinates of said point of beginning referred to Government Survey
Triangulation Station "PUU HINAI" being 7,972.66 feet North and 2,326.87 feet West
and running by azimuths measured clockwise from True South:
Thence, for the next three (3) courses following along the reminder of Royal
Patent 5671, Land Commission Award 8521-B, Apana 1 to G. D. Hueu:
1. 2560 32' 361.68 feet along the remainder of Lot
2 -B -2-B to a point;
2. 2910 44' 07" 145.84 feet along Lot 2 -B -2-A to a point;
3. 180 03' 09" 208.92 feet along the remainder of Lot
2 -B -2-B to a point;
4. 1110 44' 07" 454.80 feet along Lot 2 -B -2-A to the point
of beginning and containing an area
of 1.437 Acres.
Beginning at the Northwesterly corner of this parcel of land, being also the
Northeasterly corner of Lot 2 -B -2-A and being a point on the Southerly side of
Waikoloa Road, the coordinates of said point of beginning referred to Government
Survey Triangulation Station "PUU HINAI" being 8,326.80 feet North and 1,688.99 feet
West and running by azimuths measured clockwise from True South;
1. 291' 44' 07" 455.27 feet along the Southerly side of
Waikoloa Road to a point;
Thence, for the next six (6) courses following along the -remainder of Royal
Patent 5671, Land Commission Award 8521-B, Apana 1 to G. D. Hueu:
2. 210 44' 07"
3. 1110 44' 07"
565.00 feet along Lot 2 -B -2-C to a point;
461.92 feet along Lot 2 -B -2-C to a point;
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4. 1980 03' 09" 208.92 feet along the remainder of Lot
2 -B -2-B to a point;
5. 291' 44' 07" 0.07 feet along Lot 2 -B -2-A to a point;
Thence, from a tangent azimuth of 291' 44' 07" following along Lot 2 -B -2-A
on a curve to the left with a radius of
20.00 feet, the chord azimuth and
distance being:
6. 246° 44' 07" 28.28 ' feet to a point;
7. 201° 44' 07" 336.51 feet along Lot 2 -B -2-A to the point
of beginning and containing an area
of 5.971 Acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2016
Edition, as amended), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the -
proposed use.
' J
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
-3-
SECTION 4. This ordinance shall take effect upon its approval.
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
IN
m
M-3 R -2.5 A -5a - - - OPEN
OPEN '
A -5a
CV -10
i�
A -5a
CV -10 A -5a
T zO
4 PARCEL B
0 RESIDENTIAL & AGRICULTURAL ONE ACRE (RA -1a) TO
= VILLAGE COMMERCIAL -10,000 SQUARE FEET (CV -10)
Q� 1.437 ACRES
CV -20
CV -10
A -5a ko`O
q R� A -5a
vrcivKn-1 /
CV -1 . -
RM 1.5
RA -la
i
PARCEL C
i
/ OPEN (0) TO VILLAGE COMMERCIAL -
OPEN 10,000 SQUARE FEET (CV -10)
RA -la
5.971 ACRES
RA -la
/ OPEN
i
Feet
0 500 1,000 1,500 2,000
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-7 (NORTH & SOUTH KOHALA DISTRICT ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
OPEN (0) AND RESIDENTIAL & AGRICULTURAL - ONE ACRE (RA -1a) TO
VILLAGE COMMERCIAL - 10,000 SQUARE FEET (CV -1 0)
AT WAIKOLOA, SOUTH KOHALA, HAWAII
MAP PREPARED BY:
TMK: (3) 6-8-002:057 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE: May 6, 2020
EXHIBIT "A„ Pua Melia LLC
Map: 1415