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HomeMy WebLinkAboutCOM 0575.000 2020-2022 J�4V OF. 4 Lee E.Lord �tiilfir; Managing Director Mitchell D.Roth Mayor _ Robert H.Command ej�rM,°•"�i>� Deputy Managing Director f pf q► Gunfv D f('7%1 Raaf (offtxr of fhic' nvor 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 December 28, 2021 Maile David, Council Chair and Members of the County Council County of Hawaii , 25 Aupuni Street $� Hilo, HI 96720 Dear Chair David and Members: SUBJECT: Amendment to Change of Zone Ordinance No. 18 115 (REZ 1049) Applicant: West Hawaii Business Park, LLC Request: Amendment to Condition J (Delete Language Related to Alternative Financing and Phasing of the Construction of Kamanu Street Extension and Adding Reference to Conditions N and O as Exceptions to the Requirement),Add New Condition N (Roadway/Driveway Requirements Related to Development of Parcel 77), and Add New Condition O (Ownership Transfer and Development of Parcel 90) Tax Map Key: (3) 7-4-008:013, 030, 074, 076-078, 084, 085 & 090-100 As required by Chapter 7, Sec. 6-7.5 (a)(3), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Leeward Planning Commission's letter and enclosure regarding the above-referenced request. Sincerely, MITCHELL D. ROTH Mayor nsauer\Documents\PC\2021 COR\2021-12-16\WHBP Amend REZ 1049\TCouncilWHBPAmendREZ10491pc Enclosure "J cc: Planning Department Comm. No. Ref, To: Ref. Fate C ® -7County of Hawaii is an Equal Opportunity Provider and Employer. t meaty-.° H�!w Mitchell D.Roth Michael Vitousek,Chair Mavor ,dd„ Barbara DeFranco,Vice Chair i' Clement"0"Kanuha III Lee E.Lord Mahina Paishon-Duarte Managing Director ���r•".` � Faith"Faye"Yates County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 141 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 December 27, 2021 Maile David, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair David and Council Members: SUBJECT: Amendment to Change of Zone Ordinance No. 18 115 (REZ 1049) Applicant: West Hawaii Business Park, LLC Request: Amendment to Condition J (Delete Language Related to Alternative Financing and Phasing of the Construction of Kamanu Street Extension and Adding Reference to Conditions N and O as Exceptions to the Requirement), Add New Condition N (Roadway/Driveway Requirements Related to Development of Parcel 77), and Add New Condition O (Ownership Transfer and Development of Parcel 90) Tax Map Key: (3) 7-4-008:013, 030, 074, 076-078, 084, 085 & 090-100 The Leeward Planning Commission, at its duly held public hearing on December 16, 2021, considered the proposed legislative bill for an amendment to Change of Zone Ordinance No. 18 115. The subject properties are located along the east (mauka) side of Queen Ka`ahumanu Highway(State Highway 19), Honok6hau 1st and 2nd,North Kona, Hawaii. The Commission voted to forward a favorable recommendation to the County Council for an amendment to Change of Zone Ordinance No. 18 115 with the following condition changes: Condition N (roadway/driveway requirements related to the development of TMK 7-4-008:077): The Commission added language requiring that the internal, private driveway traversing Parcel 77 be open to the public during normal business hours. Hcnvai`i County is an Equal Opportunity Provider and Employer Maile David, Council Chair and Members of the County Council County of Flawai`i December 27, 2021 Page 2 • Condition N (roadway/driveway requirements related to the development of TMK 7-4-008:077): The Commission replaced the trigger for completing construction of the Kamanu Street Extension from, "...prior to issuance of Certificate of Occupancy on any structure within the area" to, "prior to Final Subdivision Approval" should Parcel 77 be further subdivided. • The Commission allowed staff to correct non-substantive clerical errors in the proposed conditions, including the Ramseyer underlining of new Conditions N and O. The ordinance conditions attached to this letter reflect the Commission changes discussed above. The Commission concurs with the following Planning Director's reasons for recommending a favorable consideration of the request: The applicant is requesting to amend Condition J (Kamanu Street construction timing) of Ordinance No. 18 115 to delete language related to alternative financing for and phasing of the construction of the Kamanu Street Extension and adding reference to two (2) new conditions (Condition N and Condition O) as exceptions to the requirement to complete construction of Kamanu Street prior to Certificate of Occupancy (CO). The requested amendment language is as follows. Material to be deleted is bracketed and struck through; new material is underlined: J. Prior to the issuance of a Certificate of Occupancy of any structure within the project area, except as provided in Conditions K, L, fes] M N, and O, below, Kamanu Street Extension shall be constructed and available for use across the entire project area. The applicant shall construct Kamanu Street extending from the north property boundary to the south property boundary except as provided in Condition N, below, meeting with the approval of the Department of Public Works. [ vehieulal b b b c Maile David, Council Chair and Members of the County Council County of Hawaii December 27, 2021 Page 3 to the ff area-s*.] The applicant further requests to amend the subject ordinance to add new Condition N (roadway/driveway requirements related to the development of TMK 7-4- 008:077) and new Condition O (ownership transfer and development of TMK 7-4- 008:090). The proposed condition language is as follows (please note Condition N was amended from what was represented in the application based on consultation between the Planning Department and applicant): N. Provided that there is no further subdivision of Tax Map Kev (7W: 7-4-008:077 (Parcel 77),prior to the issuance of a Certificate of Occupancy for any structure within Parcel 77, the Applicant shall construct the following roadwavlaccess improvements: the Kamanu Street Extension from the existing pavement with TMK: 7-4-020:024 to the southern boundary of TMK: 7-4-008:078 to dedicable standards; and internal access improvements with a minimum 20-foot pavement width, meeting with approval of the Department of Public Works, connecting the terminus of Kanalani Street at the northern boundary of Tax Map Kev: 7-4-008:078 to the Kamanu Street right-of-way. Should Parcel 77 be filrther subdivided, prior to issuance of Certi rcate of Occupancy on anv structure within the area, Kamanu Street Extension shall be constructed and available for use across the entire project area as required by Condition J; and O. Upon transfer of ownership to the Countv of Hawaii, development and issuance of a Certificate of Occupancy within TMK: 7-4-008:090 shall not require anv improvements pursuant to Condition J, above. Malle David, Council Chair and Members of the County Council County of Hawaii December 27, 2021 Page 4 In 2018, the County Council approved Ordinance No. 18 115 to exempt the development of a 48.4-acre portion of the West Hawaii Business Park (WHBP) (hereinafter initial development area) from the requirement to construct the Kamanu Street Extension through the entire rezone area between Kalok-o Industrial area and Honok6hau industrial area (otherwise called 'project area' in the ordinance conditions). Since then, the applicant has secured Final Subdivision Approval of the initial development area and entered into a road construction agreement with Isemoto Contracting Company, Ltd. to provide the following roadway improvements: 1) the extension of Kanalani Street between the northern boundary of the project area to the northern boundary of Parcel 78; and 2) construction of the portions of North Access Road (now Kaula'ili Street) and the South Access Road (now Kimo Drive) between Kanalani Street and Queen Ka'ahumanu Highway (see Exhibit 2 of the application). Once the road sections are complete and dedicated to the County, final occupancy permits can be granted to properties within the initial development area for commercial, retail, and light industrial uses without triggering the required construction of Kamanu Street. Concurrent with this timeline, the following prospective developments have been proposed for two (2)parcels outside of the initial development area: 1. The applicant has entered into an agreement with an interested party for the acquisition of a 31.145-acre portion of the WHBP identified as TNIK 7-4-008:077 (Parcel 77) to establish a single use under single ownership. Based on this single- ownership and use, the property will not require subdivision into smaller lots as initially anticipated by the applicant. Therefore, the prospective buyer would like to provide access to Parcel 77 from the Kamanu Street Extension, which will be partially constructed from its existing pavement within TNM:7-4-020:013 to the southern boundary of TMK: 7-4-008:078 (Parcel 78) to County dedicable standards, including the provision of curb, gutter, and sidewalks as required by DPW in the approved Kamanu Street construction plans. Once complete, this section of Kamanu Street will connect from the mauka end of the project, through Parcel 77 to the southern terminus of the Kanalani Street Extension currently under construction at the makai portion of the property via a 20-foot wide, private internal driveway meeting with the requirements of the County of Hawaii Department of Public Works (see Exhibit 4 of the application). This would be done in lieu of the construction and dedication of County dedicable roadways within the property, as would be required by the approved circulation plan in the case of the property being subdivided. Based on consultation with the Planning Department, the applicant amended their original proposal for Condition N to require the completion of the Kamanu Street Extension through the rezone area prior to issuance of a CO should this current proposal not be realized, and Parcel 77 be further subdivided. Maile David, Council Chair and Members of the County Council County of Hawaii December 27, 2021 Page 5 2. The applicant is in the process of dedicating a 2.596-acre site, identified as TMK: 7-4-008:090 (Parcel 90), to the County for development of a regional sewer pump station (SPS) by the Department of Environmental Management. This SPS is part of the sewer infrastructure necessary to connect the existing sewer lines within Queen Ka`ahumanu Highway between Hina Lani Street and Kealakehe Parkway to the Kealakehe Wastewater Treatment Plant. The acceptance of the dedication deed is currently in process by the Hawaii County Council. As both of these parcels are situated outside of the initial development area, no occupancy permits can be issued without triggering the completion of the entire Kamanu Street Extension across the rezone area, which would be cost prohibitive for these uses. Therefore, in order to facilitate the development and occupancy of structures and uses on these two (2) properties, the requested amendments to Ordinance No. 18 115 are necessary. Finally, the applicant is also requesting deletion of a section of Condition J that provides the ability to develop the Kamanu Street Extension in phases as well as providing for alternative funding options (e.g., Improvement Districts or Community Facilities Districts) for its construction. The applicant has determined that these options are not viable for the development of Kamanu Street and will instead utilize proceeds from the sale of properties within the WHBP to privately finance Kamanu Steet extension construction. If the requested amendments are approved, Condition J would still require the completion of the remainder of the Kamanu Street Extension before any further development/occupancy can occur in the remaining portions of the WHBP, including 85 acres of MCX zoned lands and 85 acres of MG zoned lands. Approval of this amendment request would not be contrary to the General Plan, Kona Community Development Plan or Zoning Code nor the original reasons for granting the Change of Zone. Prior to the 2005 General Plan (GP) update, the project area was designated Industrial and Urban Expansion on the LUPAG Map, however, the 2005 update transitioned the entire project area into the LUPAG Industrial designation and there have been no changes to the LUPAG since. The General Industrial (MG-1) and Industrial-Commercial Mixed (MCX-20) zoning is consistent with the LUPAG Industrial designation. Additionally, GP policies encourage the acquisition of sites for sewerage pump stations and require major developments to connect to existing sewer treatment facilities. The proposed amendments facilitate compliance with these policies. The Kona Community Development Plan (CDP) was adopted by Ordinance No. 08-131 on September 25, 2008, by the Hawaii County Council. The project site is situated within the Kona Urban Area (KUA) and a portion of the project area is situated Maile David, Council Chair and Members of the County Council County of Hawaii December 27, 2021 Page 6 within the Honok6hau Village Regional Center TOD. The Kona CDP Transportation Network map identifies Kamanu Street Extension through the project site as a Major Collector Road and identifies Kanalani Street Extension through the project site as a Minor Collector Road. Construction and dedication of the proposed roadway alignments and the proposed internal driveway through Parcel 77 will support and implement the Kona CDP's general objective of increasing street inter-connectivity within the Kona Urban Area. The change of zone was originally approved in 2004 to allow the development of Phase 1 of the West Hawaii Business Park to include commercial, light industrial and industrial uses. The project area is situated between two existing industrial areas, Kaloko Industrial Park to the north and Honok6hau Industrial area to the south. The project area includes an existing quarry and related uses and has since been developed with the Kaiser Permanente Medical Office on Parcel 3. The approval of the General Industrial and Industrial-Commercial Mixed zoning was and remains consistent with the existing uses within the project site and surrounding areas and will allow the development of a new, single use within Parcel 77 and SPS on Parcel 90 as permitted uses. Moreover, the reasons for approval of the change of zone still apply, namely, conformance to the General Plan LUPAG industrial designation and associated land use and economic policies and meeting the demand for additional, industrial zoned lands in an area that has few physical constraints to development and is adequately served by essential utilities and services. The proposed request will not unreasonably burden public agencies to provide infrastructure and utilities to the property. Access to the initial development area is currently taken from Queen Ka`ahumanu Highway via two (2) roadways, Kimo Drive (formerly known as the South Access Road), a signalized, four-legged intersection and Kaula`ili Street (formerly known as North Access Road), which is limited to right- in/right-out movements. The applicant has secured construction plan approval and entered into a road construction contract to complete the roadway segments to County dedicable standards as currently required by Condition K of the subject ordinance (the remainder of Kimo Street and Kaula`ili Street between the highway and the Kanalani Street Extension and Kanalani Street from its existing terminus in the Kaloko Light Industrial area south to Kimo Street). While not required under Condition H, the approved roadway construction plans, and road construction contract include the further extension of Kanalani Street between Kimo Street and the northern property boundary of Parcel 78. Additionally, new Condition N will require the applicant to extend Kamanu Street from its existing pavement within TMK: 7-4-020:013 (please note, the applicant inadvertently identified this as TMK 7-4-020:024, thus the Director is recommending to i I Maile David, Council Chair and Members of the County Council County of Hawaii December 27, 2021 Page 7 3 i i 3 amend the condition correcting this) to the southern boundary of Parcel 78 to County dedicable standards (which include the provision of curb, gutter, and sidewalks as required by DPW in the approved Kamanu Street Extension construction plans) and 3 construct an internal driveway with a minimum 20-foot pavement width, meeting with approval of the Department of Public Works. According to the applicant, this driveway will provide an internal connection between Kanalani Street and Kamanu Street that will be open and accessible to the public during normal business hours of the proposed single use on the property, thus providing an alternate route between Hina Lani Street and Kealakehe Parkway. i County water is available to the project site and required water system improvements for the Phase 1 project area are subject to various Well Site and Off-Site Improvement Agreements between the applicant and the Department and Board of Water Supply. Maintenance of water commitments remain a condition of approval. 3 According to the State Department of Transportation, the proposed amendments and roadway improvements are consistent with the approved Roadway Circulation Plan meeting with the requirements of Condition I of the subject ordinance and would have no significant, direct impacts to State highways, thus no additional traffic studies are required to support the proposed amendments. There are currently no County sewer lines serving the project site, however, conditions of the State Land Use Boundary Amendment (SLUBA) Docket No. A00-730 articulate requirements and limitations on enhanced individual wastewater systems in the near term and require projects in the petition area to be developed with dry sewer lines to eventually connect to the Kealakehe Wastewater Treatment Plan (WWTP) when a connection is available. The applicant has and will continue to comply with these conditions. To assist with the eventual connection of the project to the WWTP, the applicant has dedicated Parcel 90 to the County for the construction of a regional sewer pump station. Solid waste will be disposed of at the County's Pu`uanahulu landfill, approximately 18 miles north of the site and the applicant will comply with their approved Solid Waste Management Plan. The proposed development is not expected to have a significant negative impact on botanical resources, nor is it considered to be an essential habitat for any native terrestrial vertebrate species and there is no federally designated critical habitat for birds in or near the site. Maile David, Council Chair and Members of the County Council County of Hawaii December 27, 2021 Page 8 Condition Q of the current ordinance (to be re-lettered to Condition S if the amendments are approved) requires compliance provisions of the SHPD approved Archeological Inventory Survey, Archaeological Preservation Plan and Burial Treatment Plans that address five (5) burial sites, seven (7) non-burial sites in the project area. Those sites and associated buffers and treatment will be preserved within an interpretive preservation complex within in Parcel 78. Remnants of two (2) trails are situated within Parcel 78, the Mamalahoa Trail (Site 00002) which runs parallel to Queen Ka`ahumanu Highway and whose interest was sold to Lanihau Partners in 1973 and the Honok6hau Historic Trail (Site 18099), which runs in a mauka-makai direction from Kaloko Mauka to the Aimakapa`a Fishpond and intermittently traverses the center of the Parcel 78 preserve as a kerbstone trail. The approved preservation plan allows for a breach of the Honok6hau Historic trail to extend Kanalani Street into Parcel 77. According to a 2006 abstract memo from the Na Ala Hele Statewide Trails and Access Program (Na Ala Hele)this trail is subject to the Highway's Act of 1892 and thus eligible to be claimed by the State. However, consultation with Na Ala Hele's trail specialist at the time indicated that since the state sold sections of the Mamalahoa Trail to the applicant, Na Ala Hele was not interested in the mattka-makai remnants of the Honok6hau Historic Trail for programmatic purposes (e.g., hiking trail), nor did the trail have linear recreation or access value. However, a revised abstract memo, dated July 14, 2021, was issued clarifying statements on the disposition of the trail from the first memo and confirming that while the trail remnant did not serve a Na Ala Hele program purpose at the time, the trail is still owned in fee simple by the State pursuant to the State Highway's act of 1892 and HRS 264-1(b). Thus, according to Na Ala Hele, any breach of the trail would require the purchase of an easement from DLNR Land Division subject to the approval of the Board of Land and Natural Resources. Despite this claim, the applicant has been in communication with the State to determine if an alternative agreement can be reached to permit the crossing of the trail. Based on the preceding, the Director is recommending amending new Condition S to require either the previously mentioned easement or an alternative agreement prior to the breach of the trail. Condition No. 12 of LUC Docket No. A00-073 requires the installation of a solar powered siren in a central location as determined by the County of Hawaii and State Civil Defense agencies. The applicant will install the siren as required by these agencies. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable County, State and Federal governmental requirements in connection with the approved use, prior to and during its commencement or establishment upon the subject properties. Additional governmental i Maile David, Council Chair and Members of the County Council County of Hawaii December 27, 2021 Page 9 requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), compliance with State Health Department environmental/sanitation/health related regulations, drainage plan, among many others. Compliance with all applicable governmental requirements is a condition of this approval, and failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the preceding, the Planning Director recommends that a favorable recommendation be forwarded to the County Council to amend Ordinance No. 18115. In addition, the Planning Director recommends clarifying revisions to Conditions J and K to replace `property boundary' with `project boundary' as the previously referenced property has been subdivided, clarifying amendments to proposed Condition O, and other non-substantive amendments to existing conditions in the ordinance to reflect current standard language for conditions of approval. The accompanying draft bill to amend Ordinance No. 18 115 is provided for your consideration. Please note the proposed conditions of approval attached to the draft bill. Material to be deleted is bracketed and struck through; new material is underscored. We are enclosing copies of the Planning Department's Background and Recommendation, and the PowerPoint presentation. A draft transcript of the hearing will be provided under separate cover. Sincerely, &ha2� � d Gkmmr_.r Michael Vitousek, Chairman Leeward Planning Commission \\COH01\planning\public\wp60\PC\PCC2021-4\LWHB PAinendREZ I0441pe I Enclosure: Planning Department Background Report Planning Department Recommendation PowerPoint Presentation cc via email w/out encl.: Mr. William Moore Mr. Riley Smith Department of Public Works Department of Water Supply Deputy Corporation Counsel Jean Campbell BWHBPLLCAmendUZ2021.crk.11.3021 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT WEST HAWAII BUSINESS PARD, LLC AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 18 115 (REZ 1049) WEST HAWAII BUSINESS PARD,LLC has submitted an application to amend Condition J (Kamanu Street construction timing) of Ordinance No. 18 115 to delete language related to alternative financing for and phasing of the construction of Kamanu Street extension and adding reference to new conditions (Condition N and Condition O) as exceptions to the requirement to complete construction of Kamanu Street prior to Certificate of Occupancy. The applicant further requests to amend Ordinance No. 18 115 to add new Condition N (roadway/driveway requirements related to the development of TMK 7-4-008:077 and new Condition O (ownership transfer and development of TMK 7-4-008:090). The subject properties located along the east (mauka) side of Queen Ka`ahumanu Highway (State Highway 19), Honok6hau 1st and 2°d,North Kona, Hawaii, TMKs (3) 7-4-008:013, 030, 074, 076-78 inclusive, 084, 085 and 090-100. APPLICANT'S REQUEST 1. Applicant's Request: The applicant is requesting to amend Condition J (Kamanu Street construction timing) of Ordinance No. 18 115 to delete language related to alternative financing for and phasing of the construction of the Kamanu Street Extension and adding reference to two (2) new conditions (Condition N and Condition O) as exceptions to the requirement to complete construction of Kamanu Street prior to Certificate of Occupancy (CO). The requested amendment language is as follows. Material to be deleted is bracketed and struck-through; new material is underlined: J Prior to the issuance of a Certificate of Occupancy of any structure within the project area, except as provided in Conditions K, L, [and] i , orea only.] The applicant further requests to amend the subject ordinance to add new Condition N (roadway/driveway requirements related to the development of TMK 7-4-008:077) and new Condition O (ownership transfer and development of TMK 7-4-008:090). The proposed condition language is as follows (please note Condition N was amended from -2- I what was represented in the application based on consultation between the Planning Department and applicant): N. Provided that there is no further subdivision of Tax Map Key (TMK): 7-4-008.-077 (Parcel 77),prior to the issuance of a Certi icate of Occupancy for any structure within Parcel 77, the Applicant shall construct the following roadwavlaccess improvements: the Kamanu Street Extensionfromthe existing pavement within TMK: 7-4-020:013 to the southern boundary of TMK: 7-4-008:078 to dedicable standards; and internal access improvements with a minimum 20-foot pavement width, meeting withapproval of the Department of Public Works, connecting the terminus of Kanalani Street at the northern boundary of Tax Map Key: 7-4-008:078 to the Kamanu Street right-of-way. Should Parcel 77 be further subdivided,prior to issuance of Certificate of Occupancy on any structure within the area, Kamanu Street Extension shall be constructed and available for use spa across the entire project area as required by Condition J and O. Upon transfer of ownership to the Countv of Hawaii, development and issuance of a Certi icate of Occupancy within TMK: 7-4-008:090 shall not require anv improvements pursuant to Condition J, above. 2. Reasons for the Request: In 2018,the County Council approved Ordinance No. 18 115 to exempt the development of a 48.4-acre portion of the West Hawaii Business Park (WHBP) (hereinafter initial development area) from the requirement to construct the Kamanu Street Extension through the entire rezone area between the Kaloko Industrial area and Honokohau industrial area. Since then,the applicant has secured Final Subdivision Approval of the initial development area and entered into a road construction agreement with Isemoto Contracting Company, Ltd. to provide the following roadway improvements: 1) the extension of Kanalani Street between the northern boundary of the project area to the northern boundary of Parcel 78; and 2) construction of the portions of North Access Road (now Kaula`ili Street) and the South Access Road (now Kimo Drive) between Kanalani Street and Queen Ka`ahumanu Highway(see Exhibit 2 of the -3- application). Once the road sections are complete and dedicated to the County, final occupancy permits can be granted to properties within the initial development area for commercial, retail, and light industrial uses without triggering the required construction of Kamanu Street. Concurrent with this timeline, the following prospective developments have been proposed for two (2)parcels outside of the initial development area: 1. The applicant has entered into an agreement with an interested party for the acquisition of a 31.145-acre portion of the WHBP identified as TMK 7-4-008:077 (Parcel 77)to establish a single use under single ownership. Based on this single- ownership and use, the property will not require subdivision into smaller lots as initially anticipated by the applicant. Therefore, the prospective buyer would like to provide access to Parcel 77 from the Kamanu Street Extension, which will be i partially constructed from its existing pavement within TMK:7-4-020:013 to the southern boundary of TMK: 7-4-008:078 (Parcel 78)to County dedicable standards, including the provision of curb, gutter, and sidewalks as required by DPW in the approved Kamanu Street construction plans. Once complete,this section of Kamanu Street will connect from the mauka end of the project,through Parcel 77 to the southern terminus of the Kanalani Street Extension currently under construction at the makai portion of the property via a 20-foot wide, private internal driveway meeting with the requirements of the County of Hawaii Department of Public Works (see Exhibit 4 of the application). This would be done in lieu of the construction and dedication of County dedicable roadways within the property, as would be required by the approved circulation plan in the case of the property being subdivided. Based on consultation with the Planning Department,the applicant amended their original proposal for Condition N to require the completion of the Kamanu Street Extension through the rezone area prior to issuance of a CO should this current proposal not be realized, and Parcel 77 be further subdivided. 2. The applicant is in the process of dedicating a 2.596-acre site, identified as TMK: 7-4-008:090 (Parcel 90), to the County for development of a regional sewer pump i station (SPS) by the Department of Environmental Management. This SPS is part I -4- i i I i i of the sewer infrastructure necessary to connect the existing sewer lines within a Queen Ka`ahumanu Highway between Hina Lani Street and Kealakehe Parkway to the Kealakehe Wastewater Treatment Plant. The acceptance of the dedication deed is currently in process by the Hawaii County Council. I As both of these parcels are situated outside of the initial development area, no occupancy permits can be issued without triggering the completion of the entire Kamanu Street Extension across the rezone area, which would be cost prohibitive for these uses. Therefore, in order to facilitate the development and occupancy of structures and uses on these two (2)properties, the requested amendments to Ordinance No. 18 115 are necessary. Finally, the applicant is also requesting deletion of a section of Condition J that provides the ability to develop the Kamanu Street Extension in phases as well as providing for alternative funding options (e.g., Improvement Districts or Community Facilities Districts) for its construction. The applicant has determined that these options are not viable for the development of Kamanu Street and will instead utilize proceeds from the sale of properties within the WHBP to privately finance Kamanu Steet extension construction. If the requested amendments are approved, Condition J would still require the completion of the remainder of the Kamanu Street Extension before any further development/occupancy can occur in the remaining portions of the WHBP, including 85 acres of MCX zoned lands and 85 acres of MG zoned lands. 3. Supportive Information: The applicant has submitted the attached in support of the request(Planning Department Exhibit 1 —Change of Zone amendment request dated July 15,2021, and Planning Department Exhibit 2—Additional Information addendum dated July 26, 2021.) 4. Landowners: West Hawaii Business Park, LLC, Kaiser Foundation Health Plan, Inc., Bluroc Properties, LLC; Jas Glover Holdings Co, Ltd., WHBP Leasing, LLC, and WHBP Investment, LLC. -5- i BACKGROUND INFORMATION 5. State Land Use Commission Docket A00-730: On September 18, 2003,the State Land Use Commission approved Docket No. A00-730 to reclassify 336.984 acres of land from the State Land Use Conservation District to the Urban District. 6. Change of Zone Ordinance No. 04 110: Change of Zone Ordinance No. 04-110 which rezoned approximately 186.733 acres from Open (0)to Industrial-Commercial Mixed (MCX-20) and 85.733 acres from Open(0)to General Industrial (MG-1a) became effective on October 12, 2004. 7. Change of Zone Ordinance No. 18 115: Amendment to conditions of Change of Zone Ordinance No. 04-110 to increase the area allowed for development prior to triggering the construction of Kamanu Street from ten(10) acres to 48.4 acres. The subject Change of Zone ordinance became effective on December 5, 2018. (Planning Department Exhibit 3 - Ordinance No. 18 115) STATE AND COUNTY PLANS 6. State Land Use District: Urban. 7. General Plan LUPAG Map Designation: Industrial,which includes uses that may not be compatible with commercial areas (such as manufacturing and processing, wholesaling, large storage and transportation facilities,power plants, and government base yards) as well as other industrial, manufacturing or wholesaling uses. 8. County Zoning: General Industrial-I Acre (MG-la) and Industrial-Commercial Mixed - 20,000 square foot minimum lot size (MCX-20). 9. Kona Community Development Plan (CDP): The Kona CDP, was adopted by Ordinance 08-131 on September 25, 2008 by the Hawaii County Council. The project site is situated within the Kona Urban Area(KUA) and a portion of the project area is situated within the Honokohau Village Regional Center TOD. The Kona CDP Transportation Network map identifies Kamanu Street Extension through the project site as a Major Collector Road. It also identifies Kanalani Street Extension through the project site as a Minor Collector Road. I -6- { I .......E i r i I i DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 10. Subject Properties: The project area is located approximately halfway between the Ellison Onizuka Kona International Airport at Keahole and Kailua-Kona, between the Kaloko Industrial area to the north and the Honok6hau industrial area to the south. The project area was originally rezoned as three (3) separate parcels, with Parcel 1 consisting of 186.733 acres rezoned from Open to MCX-20, Parcel 2 consisting of 85.733 acres rezoned from Open to MG-la, and Parcel 3 consisting of 9.901 acres rezoned from Open to MCX-20. Through subsequent subdivision actions,the project area now consists of 17 separate parcels. There are existing quarry operations, concrete batching and a pre-cast operation and related uses covering approximately 100 acres of the West Hawaii Business Park, primarily on Parcel 2 and a portion of Parcel 1. The quarry and related uses were approved by Conservation District Use Permit HA-6616112-35 and have been in existence in this area since 1967. Appropriate buffers will be provided between existing quarry uses and the proposed and existing industrial and commercial mixed uses. Excavated areas no longer yielding aggregate materials will be appropriately smoothed to allow for future development. Parcel 3 is the site of the Kaiser Permanente Kona Medical Office, which was built in 2014. 11. Surrounding Zoning and Land Uses: The adjacent properties to the north are zoned Limited Industrial I-acre (ML-la) and Industrial-Commercial Mixed 1-acre (MCX-la) and are the site of the Kaloko Light Industrial area. Properties to the east(mauka) are zoned Open and Agricultural 5-acre (A-5a) and intermittently used for cattle grazing. Properties to the south are zoned Limited Industrial 1-acre (ML-la), Limited Industrial 3- acre (ML-3a), and General Industrial-5 acre (MG-5a) and are the site of the Honokohau Business Park. The Kaloko-Honokohau National Historical Park is located directly across or makai of the Queen Ka`ahumanu Highway to the west. 12. Flood Zone: Zone "X", areas determined to be outside the 500-year flood plain. 13. Archaeological/Historical/Cultural Resources: According to correspondences from the Department of Land and Natural Resources-State Historic Preservation Division (SHPD), an Archeological Inventory Survey was accepted on February 12, 2001, that identified 70 historic sites in the project area. 30 sites were recommended for data recovery, a burial -7- E I treatment plan was recommended for five (5) burial sites, seven (7) non-burial sites were recommended for preservation (including a portion of the Mamalahoa Trail (King's Highway), the Honok6hau Historic Trail (Mauka-Makai Trail),petroglyphs, an enclosure, a trail marker mound, a cave, and a terrace complex), and the remaining 28 sites were designated for no further work. SHPD accepted an archaeological data recovery report(ADR) on July 19, 2004, and a burial treatment plan was accepted by the Hawaii Island Burial Council (HIBC), which concurred with the preservation of five (5) burials in place. Finally, on August 12, 2003, SHPD accepted an archaeological Preservation Plan(PP), which proposed the establishment of an interpretive preservation complex containing the seven (7) sites and associated buffer zones, maintenance, signage, consultation, access and ownership/management requirements. This complex is designated as TMK 7-4-008:078 (Parcel 78) of the project area. Remnants of two (2)trails are situated within Parcel 78, the Mamalahoa Trail (Site 00002) which runs parallel to Queen Ka`ahumanu Highway and whose interest was sold to L,anihau Partners in 1973 and the Honok6hau Historic Trail (Site 18099), which runs in a mauka-makai direction from Kaloko Mauka to the Aimakapa`a Fishpond and intermittently traverses the center of the Parcel 78 preserve as a kerbstone trail. The approved preservation plan allows for a breach of the Honok6hau Historic trail to extend Kanalani Street into Parcel 77. Under this amendment request, this proposed breach will now include a portion of the proposed 20-foot-wide internal driveway connecting Kanalani Street to Kamanu Street. According to a 2006 abstract memo from the Na Ala Hele Statewide Trails and Access Program (Na Ala Hele) (included as Attachment 5 of Planning Department Exhibit 2), this trail is subject to the Highway's Act of 1892 and thus eligible to be claimed by the State. However, consultation with Na Ala Hele's trail specialist at the time indicated that since the state sold sections of the Mamalahoa Trail to the applicant,Na Ala Hele was not interested in the mauka-makai remnants of the Honok6hau Historic Trail for programmatic purposes (e.g., hiking trail), nor did the trail have linear recreation or access value. However, a revised abstract memo, dated July 14, 2021,was issued clarifying statements on the disposition of the trail from the first memo and confirming -8- k i i I that while the trail remnant did not serve a Na Ala Hele program purpose at the time,the trail is still owned in fee simple by the State pursuant to the State Highway's Act of 1892 and HRS 264-1(b). Thus, any breach of the trail would require the purchase of an easement from DLNR Land Division subject to the approval of the Board of Land and Natural Resources. (Planning Department Exhibit 4—July 14,2021 Revised Abstract j f Memo from Na Ala Vele Statewide Trails and Access Program) 14. Floral/Faunal Resources: The Final Environmental Impact Statement(FEIS) dated April 2003 stated that the proposed development is not expected to have a significant negative impact on the botanical resources since the site is dominated by introduced or alien species. Additionally,the project site is not considered to be an essential habitat for any native terrestrial vertebrate species, and there is no federally designated critical habitat for birds in or near the site. The FEIS states that no direct adverse impacts to native or otherwise important fauna would occur, as the area is almost entirely composed of alien species. 15. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the project area. 1.6. Civil Defense Sirens: There is an existing Civil Defense Siren located at Honokohau Harbor that covers a small portion of the subject properties in its coverage area. Condition No. 12 of LUC Docket No. A00-073 requires the installation of a solar powered siren in a central location as determined by the County of Hawaii and State Civil Defense agencies. The applicant will install the siren as required by these agencies. PUBLIC UTILITIES AND SERVICES 17. Access/Traffic Impacts: Access to the project area is currently taken from Queen Ka`ahumanu Highway via three (3) roadways: 1) Honokohau Street which provides access to the Kaiser Permanente Kona Medical Office along the southern boundary of the project site; 2)Kimo Drive, a signalized, four-legged intersection (formerly known as the South Access Road); and 3) Kaula`ili Street,which is limited to right-in/right-out movements (formerly known as North Access Road). As previously mentioned, the applicant has secured construction plan approval and entered into a road construction contract to complete the roadway segments to County dedicable standards as currently -9- required by Condition K of the subject ordinance (the remainder of Kimo Street and Kaula`ili Street between the highway and the Kanalani Street extension and Kanalani Street from its existing terminus in the Kaloko Light Industrial area south to Kimo Street, to County dedicable standards). While not required under Condition H,the approved roadway construction plans, and road construction contract include the further extension of Kanalani Street between Kimo Street and the northern property boundary of Parcel 78. For access to the mauka portion of Parcel 77,the applicant proposes to extend Kamanu Street from its existing pavement within TMK: 7-4-020:013 to the southern boundary of Parcel 78 to County-dedicable standards and construct an internal driveway with a minimum 20-foot pavement width, meeting with approval of the Department of Public Works, connecting the terminus of Kanalani Street at the northern boundary of Parcel 78 to the Kamanu Street right-of-way.According to the applicant, these access improvements will provide an internal connection between Kanalani Street and Kamanu Street that will be open and accessible to the public during normal business hours of the proposed single use on the property, thus providing an alternate route between Hina Lani Street and Kealakehe Parkway. In support of the request, the applicant submitted a letter from Wilson Okamoto Corporation (WOC) indicating that the proposed amendments would not result in a significant impact on traffic in the area, stating that, "With the implementation of the recommendations, traffic operations at the study intersections are generally expected to continue operating at levels of service similar to those as identified in the WHBP Traffic Impact Report(TIR). Therefore, it is expected that the recommendations and general conclusions provided in the WHBP TIR should continue to be valid and implemented. "In their August 2021 comment letter, the State Department of Transportation (DOT) concurred with WOCs findings, indicating that no additional traffic studies are required to support the proposed amendments. Furthermore, DOT i indicated that the proposed amendments and roadway improvements were consistent with the approved Roadway Circulation Plan required in Condition I of the subject ordinance and that the proposed amendments would have no significant, direct impacts to State highways. -to- 17. Water: According to the 2019 Annual Report, the applicant secured 2,291 water units in exchange for the completion and dedication of the Palani Well and related improvements to the Department of Water Supply (DWS) in 2015. During the 2018 amendment to the rezone, DWS indicated that pursuant to the Well Site Development Agreement dated April 12, 2007, between the applicant, other parties, and the Water Board, the applicant has a water commitment for the proposed development. The parties to the Agreement have also executed an Off-Site Improvement Agreement dated August 12, 2009; First Supplemental Well Site Development Agreement dated August 12, 2009; and Second Amendment to Well Site Development Agreement dated July 27, 2015. Required water system improvements for the project area are subject to the above mentioned agreements. 18. Wastewater: The project area is located approximately two (2) miles from the Kealakehe Wastewater Treatment Plan (WWTP), however there are currently no sewer lines serving the site. It is expected that County sewer lines will extend to the project area in the future. Conditions of the LUC Decision & Order Docket No. A00-730 require the petition area to be developed with dry sewer lines, eventually connecting to the Kealakehe WWTP when a connection is available and requires lot owners in the project area to participate in an improvement district to fund connection to the WWTP and pay a fair share of the cost to fund a connection.Additional conditions require tenants to utilize individual wastewater systems (IWS) with an enhanced treatment system meeting with the requirements of the State Department of Health in the interim and limits the project to a maximum of 40 lots to be improved and occupied before requiring connection to the County's WWTP,provided that they install and maintain the previously mentioned IWS with enhanced treatment systems. Currently,there are two lots that have been developed using an enhanced IWS, leaving balance of 38 lots still eligible. A final condition requires the petitioner and lot owners to develop and participate in a Wastewater System Maintenance Agreement to ensure that the enhanced IWS systems are regularly inspected, maintained, repaired, and certified to be in proper operating order. In their latest Annual Report to the State Land Use Commission the applicant confirmed that they do and will continue to comply with these requirements. As previously mentioned, the applicant is in the process of dedicating Parcel 90 to the -11- County of Hawai`i for the development of a regional sewer pump station(SPS) by DEM to connect the existing sewer lines within Queen Ka`ahumanu Highway between Hina Lani Street and Kealakehe Parkway to the Kealakehe WWTP. 19. Solid Waste: There are no municipal waste collection services in the County. All solid waste generated by the development will be disposed of at the County's Pu`uanahulu landfill, approximately 18 miles north of the site. The applicant prepared a Solid Waste Management Plan as required by Condition No. 13 of LUC Docket No. A00-073. The plan was subsequently accepted by the Department of Environmental Management— Solid Waste Division on August 21, 2006. 20. Essential Utilities and Services: Electricity and telephone services are available to the site. The Kealakehe Police Station is located about 1.5 miles south of the project site, and fire protection is provided by the Kailua-Kona Fire Station located approximately three miles south of the property. The Kona Hospital is located in Kealakekua, approximately ten (10) miles from the site. AGENCIES' COMMENTS 21. Department of Public Works-Engineering Division (Planning Department Exhibit 5 —September 7, 2021 memo 22. Department of Environmental Management (Planning Department Exhibit 6— September 24,2021 memo) 23. State Department of Health: (Planning Department Exhibit 7—August 8,2021 memo and February 23,2018 memo) 24. Department of Land and Natural Resources - Engineering Division: (Planning Department Exhibit 8—August 10,2021 memo) 25. State Department of Transportation: (Planning Department Exhibit 9—August 27, 2021 letter) AGENCIES -NO COMMENTS OR CONCERNS 26. Fire Department, Police Department, DLNR- Land Division. AGENCIES -NO RESPONSE 27. Department of Water Supply, Civil Defense Agency, State Land Use Commission and National Park Service. i -12- i i APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 28. Planning Department Exhibit 10: Letter from William L.Moore Planning, Inc. i dated October 15,2021 responding to Department of Public Works comments. 29. Planning Department Exhibit 11: Letter from William L. Moore Planning,Inc. dated October 15,2021 responding to State Department of Health comments. 30. Planning Department Exhibit 12: Letter from William L. Moore Planning,Inc. 3 dated October 15,2021 responding to Department of Land and Natural Resources - Engineering Division comments. i 31. Planning Department Exhibit 13: Letter from William L. Moore Planning,Inc. dated October 15,2021 responding to State Department of Transportation comments. a PUBLIC COMMENTS 3 i 32. As of this writing,the Planning Department has not received any written comments or objections from the general public or adjacent landowners on the subject application. i I i I I I i I I I 1 -13- 3 I i _# ' ' r { I i I July 15, 2021 i 3 I Zendo Kern, Director County of Hawaii Planning Department 3 101 Pauahi Street, Suite 3 I Hilo, Hawaii 96720-3043 3 3 3 Dear Mr. Kern: '3 3 I Fie; Voest Hawaii Business Park LLC Proposed Amendment to Change of Zane Ord. 18-115 Conditions, i Honokohau 1 and 2, North Kana, Hawaii Island Tax Flap Key: (3) 7-4-008: 013, 030, 074, 076-078, 084„ 085 & 90-100 West Hawaii Business Park LLC (WHBP LLC) is a wholly owned subsidiary of Lanihau Properties. LLC (LP). Effective November 2, 2018, the County of Hawaii approved i change of Zone Ordinance No. 18-115 which amended the conditions of approval for the 186.733 acres of industrial-Commercial Mixed (MCX-20) and 85.733 acres of j General Industrial (MG-1 a) that were rezoned pursuant to Ordinance No. 04-110. The I project area is shown on E=xhibit 1 and is known as West Hawaii Business Park (WHSP). WHBP LLC through its Managing Member, Lanihau Properties LLC, is requesting an amendment to Condition J of Ordinance 18-115 and new conditions `O" and "P" and the renumbering of the remaining conditions. More specifically, LP is requesting that Condition J be amended as follows, J. Prier to the issuance of a Certificate of Occupancy of any structure within the project area, except as provided in Condition K, L, [and] M, N, and 0 below, KamanU Street E=xtension shall be constructed and available for use across the entire project area. The applicant shall construct Kamanu Street ex,-ending from i the north property boundary to the south property boundary except as provided in Condition N, below, meeting with the approval of the Department of Public I Works [4t .`+ts ac, ._censtt=uet—Inat� S#ree E xtens<iron­--in- &tai e v—t"e—fir t f i e-#-s l fl.-e ansi eT k+raa i+a r} veto� r nnncc 1�' nnrninr+f+car r{��i r-3ar{ st a ir}r eetir w+t t# e 't# aid r n enzer�ts li t e r � r a.,+ of Pub4c-- l*s-suitable ff t#raugla u r travel `Oc�r str do �Ee first-stake smolt- --p�i�r-�--the-iss�a� -cif tf�e<� aty'�-}s�3 ;ec e#-a--� ife�te 3, t. af --a��y-prtia--of tk� s�b}e �-o� ��-��c-apt-ar-o�+acfe��l--het-ei The se—eend +ata 1& alga4--ceRs4t--Gf_-+ "3£fa i i ii i 1 s West Hawaii Business Park, LLC Request to Amend Ord. No. 18-115 l July 15, 2021 Page No. 2 did a tandards--+n ing -gtt s--ar c Iks r eetf , ,+ a #—tie---Departr r ,- a r+s�te is c + k��n l it}gat -#er- !---ds- 1h r� I }{ -F m-e4�'—4aof-is!-rUGted iRiT�..rt–.c ge,__.nvnE�� -iu 'e--1 tri..,,. . r kiRde-r its—to -th v r t tth a Ka m a u c+r�t_i 1---C�R4Gted--with -G-GUf G 4caf- -t-o-t-he-CGrrt at 3f t3 flF fd -�{ E m g r��rh. g-�tta�-_and-sff:ewatk-s-, pry t--t1 -ua nee of a C erti f;G ,+a # dee-per" n e3 wavided in a Qf- d i t i e-R-1 (�c, '- ra,"'-rc Jnr B re i R—i n thri sey-E t,fK4 --�the -tots_ 49 itiRg K@ 'treet;- t-he+-#ia44 bulk Or, '--R:e4,R4ef-4ots7 the appliGaRt - ei purse s'Ffa4-0'6.rUr within } n t t 14 such t-:�,-1 -E n within ears c# stt+c 4 t e# t# ? east a# �4a stx #+or�-_-e#_a►�afna�a n--e�ss-ef tt�o-se 4'��cs � -#£3F a Cc34t d2£f£able tt?erv^���rt Proposed neve Conditions are as follows: N. Prior to the issuance of a Certificate of Occupancy for development within Tax Map Key (TMK): 7-4-008: 077, the applicant. successors or assigns shall construct the following roadwaylaccess improvements: the Kamanu Street Extension from the existing pavement with TMK: 7-4-020: 024 to the southern boundary of TMK: 7-4-008 078 to dedicable standards; and internal access improvements with a minimum 20-foot pavement width, meeting with approval of the Department of Public Works, connecting the terminus of Kanalani Street at the northern boundary of Tax Map Key. 7-4- 00& 078 to the Kamanu Street right-of-way. O) Upon transfer of ownership to the County of Hawaii, development and issuance of a Certificate of Occupancy within TMK: 7-4-008: O90 shall not require any improvements pursuant to Condition J, above. Background information In February 2004, WHBP was reclassified by the State Land Use Commission (LUC) from Conservation to Urban pursuant to LUC Docket No. AOO-073. In October 2004, the area was rezoned for industrial uses pursuant to Ordinance No, 04-110. Since that time, LP has been proceeding with the entitlement and development of WHBP, including: West Hawaii Business Park, LLC Request to Amend Ord. No. 18-115 July 15, 2021 Page No. 3 Implementing the required elements of the Archaeological Preservation Plan which was approved by the State Historic Preservation Division (SHED) on September 23, 2008. Implemented the required elements of the Archaeological Mitigation Plan which was approved by SHPD on August 12, 2003. The Mitigation Report was submitted to SHPD in 2004. Implementing the required elements of the Burial Treatment Plan which was approved by SHPD on January 20, 2008. Developed the necessary environmental compliance documents that were required by the LUC. conditions, including the Pollution Prevention Plan, Design Guidelines and the WHBP Covenants, Conditions and Restrictions. Secured the necessary water units for the full development of WHBP with the completion and dedication of the Palani Well improvements and land to the County Department of Water Supply (DWS) at a cost of more than $8 million. Dedication of the well to DWS was finalized in July 2015. Acquired development and access rights for the portions of Kamanu Street Extension within Kaloko Industrial (TSA Corporation) and Honokohau industrial properties (TotahlWilton and McClean). Completed design of the Kar-nanu Street Extension improvements be,-ween Kaloko Industrial area and Honokohau industrial area; approved by DPUU in l January 2015. Secured grading permits for the mass grading of building pads and read i alignments within a portion of the MCX-20 areas with the material being used for the Queen Kaahumanu Highway widening project. l Coordinated with the State Department of Transportation to allow the relocation of the main entrance to WHBP to coincide with the existing driveway to the Kaloko-Honokohau National Historical Park on Queen Kaahumanu Highway via Klmo Drive (South Access Road) as well as the construction of a neve access road within Kaula'ili Street (North Access Road) with right-inlright-out movements only. In 2018 the County approved the requested amendment to Condition K pursuant to Ordinance No. 18-115. This amendment exempted the development of a 48.4 acre portion of WHBP (see Exhibit No. 2) from the requirements to construct 'Karnanu Street extension provided that road irnproveillerlts WeVe constructed including: ji West Hawaii Business Park. LLC Request to Amend Ord. No. 18-115 July 15. 2021 G Page No. 4 Extending Kanalani Street to the South Access Road (Kimo Drive) and construction the portions of North Access Road (Kaula'ili Street and South Access Road (Kimo Drive) between Kanalani Street and Queen Kaahumanu Highway- Since the adoption of Ordinance No, 18-115, LP has undertaken the following activities: I Secured Final Subdivision Approval (Sub No. 19-001890) for the 48.-1> acre portion of WHBP and remainder lots. (Exhibit No. 3) i Entered into a construction contract with Isemoto Contracting to construct the required road improvements, including the extension of Kanalani Street to Kimo Drive and the improvement of the portions of Kaula`i!i Street and Kimo Drive between Kanalani Street and Queen Kaahumanu Highway. These improvements are expected to be completed by late 2022. The road sections under construction are shown in Exhibit No. 2. Upon dedication of these road improvements to the County, Final Occupancy permits for buildings within this area can be issued.. Submitted a Dedicated Deed for the 2.596 acre site, identified as TMK: 7-4008; 090 (Parcel 90), to the County of Hawaii for development of a regional sewer Pump station (SPS) by the Department of Environmental Management. This SPS is part of the sewer infrastructure necessary to connect the existing sewer lines within Queen Kaahumanu Highway between Hina Lani Street and Kealakehe Parkway to the Kealakehe Wastewater Treatment Plant, The acceptance of the Dedication Deed is currently in process by the Hawaii County Council. While the land has been secured for the Kamanu Street extension right-of-way and final design approved by the County, LP does not have a development schedule for the construction of the road improvements. These improvements are necessary prior to the occupancy of the remainder of WHBP except for quarry related activities allowed under Condition L of Ordinance No. 18-115, Request Since the adoption of Ord. No. 18-115 and securing of Final Subdivision Approval No. 19-001890 for its initial 48+ acre development area, Lanihau Properties has been approached by a prospective buyer regarding the purchase of a 31.145 acre portion of VVHBP. The area under discussion for purchase by this buyer is identified as TMK' 7-4- 008: 077 (Parcel 77). Accordirig to discussions willh the prospective buyer, ti-leir ii-iteral is 'to estab-li.rl a single use on the property, Based on this single use and ownership, the prospective buyer I I 3 West Hawaii Business Park, LLC Request to Amend Card. No. 18-115 July 15, 2021 Page No. 5 3 would not require the subdivision of the area into smaller lots. Therefore, access is intended to be for internal driveways connecting to Kanalani Street and Karrranu Street as required by the County Departments of Public Works and Planning- l Parcel 77 is not part of the 48.4 acre area that was approved for development pursuant to Condition J of Ordinance No 18-115. Accordingly, under the current conditions, the Kamanu Street extension improvements, required by Condition J, would need to be completed prior to occupancy of any buildings within this area. i In addition, LP is in the process of dedicating Parcel 90 to the County of Hawaii for development as a regional sewer pump station as part of DEM's wastewater master plan for Kona. This area is also outside of the 48+ acre area that can be developed pursuant to Condition J. As in the case of Parcel 77, the Kamanu Street extension improvements must be completed prior to occupancy of any structures within this area under the current zoning conditions. In order to allow the development of Parcels 77 and 90 without triggering the requirement to construct the Kamanu Street improvements are constructed and available for use prior to occupancy of any structure, LP is requesting an amendment to Condition and new conditions O and N to allow occupancy subject to the following requirements. The proposed amendment to Ordinance No. 18-115 conditions of approval include. J. Prior to the issuance of a Certificate of Occupancy of any structure within the project area, except as provided in Condition K, L, [and) M, N, arnd 0, below, Kamanu Street Extension shall be constructed and available for use across the entire project area. The applicant shall construct Kamanu Street expending from the north property boundary to the south property boundary except as provided in Condition N, below, meeting with the approval of the Department of Public Works, [At- its- ale-�eti�t�-tlie-��p#+oar�t-r�ra�-y et-.Kana+ greet �nsio�r-_in atagec,-tl�e-first--o€- ick--�;r • s€--.pre"I+ r+ �y--ve# ar woes 4 eirrafter- #f d s r i o r r dedica e staf rd-?,�eti-Rg- 'th the safety and de-s'; R4-eq-{::rr#-�m� eRts of the t-of Pl+o � rrla+aa.trar -C �r3strct+e - f::.tf ! firs s-hll-t -- ap1ete4-pr-G"-&-#less-SUaR ffha Ge--Rft,_ ii rice-ef--a Gel-tif Gate 8 �c� f�tpx�RGy fBr c 1f rtt}r $ tt o ri h;art r r Zr arty cav apt aS- 3r ?>.N`d �in- GTS T The s e }s gti n to 4e4icaable--stan.dards inialudingg-ct rL s-g ters a a€I l s- t+ wft tlae appraval of e_Deparfrrmel-t P+{b-I r b d - -` eriatr++e4 rf ot+ea-t i h it { 4+vis+e -A-ppr al-�--a-ny--ta-r+€fs-al�k , ray t ave. ge; xcl�rd=rrrg-fa���;�tT-or=-r�r�at-r��er g44VeFRFneRt t amenu Strran_t I I West Hawaii Business Park. LLC Request to Amend Ord. No. 18-115 July 16, 2021 Page No. 6 Faigh apd._the Kane --Street #rev;-, s-r rte;; be imps sidewalks, p £ r-tG thy-4S6-Uar1;e of a Gertifnate o-f Cl-r-r-= ROY- wt„rthe , n I nn 1 htl_ � r R r to +hc3 e�c�p#.a� p r�>���ed-ir �+er�-��-�,�-�-,�, #�rerr�-:---I�-tl<�--e�e-n�--�,-�-z-�-�„V. la-vii -of QtiR--t{.reimr Jau� se-or— rt ..to thea ro"ate10rnve 3d f1hafratett s ,all eo raµof ensu # n. re;;m me t +s rykIy'y 'YLT -pa'1YrSm'�e RtS SLUJ-'l YI�Y1'CSX.rY`YriQY�t & �„hef'.1 J +[7Z-fTs�-�T4�C�p �T�'IT4�4TT�' T„Tiwi�.iT_T Eei�stF' -ilf3t f � 3e arty GGSt n S -er'virr the pFGj ,nf arn-5 r r y Proposed new Conditions are as follows: N. Prior to the issuance of a Certificate of Occupancy for development within Tax Map Key (TMK): 7-4-008: 077, the applicant. .successors or assigns shall construct the following roadway/access improvements: the Kamanu Street Extension from the existing pavement with TMK 7-4-020: 024 to the southern boundary of TMK: 7-4-008: 078 to dedicable standards; and internal access improvements with a minimum 20 font pavement width, meeting with approval of the Department of Public Works, connecting the terminus of Kanalani Street at the northern boundary of Tax Map Key: 7-4- 008: 078 to the Kamanu Street right-of-way. 0. Upon transfer of ownership to the County of Hawaii development and issuance of a Certificate of Occupancy within TMK: 7-4-008: 090 shall not require any improvements pursuant to Condition J, above, If approved, the amendment to Condition J. and proposed Condition N will allow for the development of Parcel 77 without triggering the requirement to fully construct the Kamanu Street improvernents across the entire property. At the same time, proposed Condition N Would require the construction of a portion of Kamanu Street to connect to the existing improvements to the south of WHBP as well as internal access improvements within Parcel 77 meeting with the approval of the Department of Public Works connecting the Kanalani Street improvements to the Kamanu Street improvements. The proposed access improvements are shown on Exhibit No. 4. Proposed Condition O. would exempt DEM's proposed regional sewer pump station site from the requirement that Kamanu Street improvements be completed and open for use prior to occupancy of any structure on the site. This will allow the development of this site by the County to proceed on its own schedule and not one tied to the Kamanu Street improvements. a ,r i r i West Hawaii Business Park, LLC Request to Amend Ord. No. 18-115 i July 15, 2021 I Page No. 7 i At the same time, the condition related to requiring the Kamanu Street extension improvements (Condition Jj will retain the requirement that prier to development of any portion of the remaining areas', other than for quarrying and related uses, the unimproved portion of Kamanu Street must be completed and available for use prior to occupancy of any structures. In addition to the amendments to allow the development of Parcels 77 and 00, LP is proposing to delete the section of Condition J that provides the ability to development Kamanu Street in phases as well as providing for alternative funding options for its construction. LP has determined that these options are not viable development alternatives and is therefore requesting that they be deleted from the condition. Justification for requesting amendment: LP believes that the requested amendment to Condition J and proposed new Conditions N. and O. of Ordinance 18-115 are reasonable and justified based on the following. Completion of the Ane Keohokalole Highway improvements from Hina Lani Street to Palani Road (completed in 2014) provides regional interconnectivity that was to be provided in part by the Kamanu Street Extension through WHBP. When the WHBP Change of Zone ordinance was originally approved, there was no road interconnecting Kealakehe Parkway and Hina Lani Street. Accordingly, the Kamanu Street Extension improvements were envisioned as providing an intra-regional connection_ The requirement to construct the Kamanu Street extension improvements was intended to provide a solution to the regional traffic circulation needs in the vicinity of Kaloko Light Industrial and Kealakehe Parkway and not necessarily to address the traffic impacts of West Hawaii Business Park. Since that time, Ane Keohokalole Highway between Palani Road and Hina Lani Street has been completed providing the necessary inter regional road connection. As such, the improvement of Kamanu Street extension is no longer necessary to provide a solution to the regional traffic circulation needs. L The Queen Kaahumanu widening project, completed in fall 2018, provides improved regional capacity. These improvements include construction of a new signalized intersection at the Kaloko-Honokohau National Historical Park entrance. In addition, the existing driveway to the WHBP quarry area CheSe t arta nirt <areas eXClUde the 48+ acre area allowed for dei°elopMCIIL put'SUMIt to Condition Is and Parcels 77 and Q0 purstaant to proposed Condition,0. and N, i I West Hawaii Business Park, LLC Request to Amend Ord, No. 18-115 July 15. 2521 Page No. 8 was relocated to this intersection via Kimo [give (South Access Road) as part of the widening project. The provision of traffic signals at the Queen Kaahumanu Highway/Kimo Drive (South Access Road) intersection and completion of Kanalani Street, Kaula'ili Street and Kimo Drive improvements provide safe access to tenants and customers at VVHBP and those transiting through, to get to Kaloko Light Industrial (Home Depot/Costco). These improvements will allow a second access to the area thereby reducing congestio,1 at the Kanalani Street/Hina Lani Street, the Kamanu Street/Hina Lani Street and the Queen Kaahumanu Highway/Hina Lani Street intersections. I ne existing permitted driveway access from the VVHBP Warry, mauka to Ane Keohokalole Highway provides an alternative access for tractor trailers and large equipment, thereby avoiding Queen Kaahumanu Highway; Existing access improvements from the quarry area to the Queen Kaahumanu Highway/Kimo Drive (South Access Road) intersection has been constructed by VVHBP LLC, allowing its use even if the Kamanu Street Extension improvements ,are not fully completed. This driveway will provide direct access to Queen Kaahumanu Highway/Kimo Drive {South Access Road) signalized intersection from this area. Upfront improvement requirements of Kamanu Street Extension are cost prohibitive to effectively market/develop the Parcel 77 by itself The proposed amendment would provide for the safe/development of this parcel. In this regard, the prospective buyer and LP have entered into an agreement for the acquisition of this property, This condition will ensure that costs related to providing access to this area are reasonable and can be provided on the prospective buyer's development schedule. Access improvements to Parcel 77 and portion of Kamanu street will provide an internal connection between Kanalani Street and K: nnanu Street providing an alternate route between Hina Lani Street and Kealakehe Parkway. Eliminates the requirement that Kamanu Street improvements be completed prior to occupancy of the County's regional sewer pump station site. This will allow development of these improvements to proceed on its own schedule. The requirements of Condition L would iequi-e thy; completion of the remainder of the Kamanu Street improvements before any further West Hawaii Business Park, LLC Request to Amend Card, No, 18-115 July 15, 2021 Page No. 9 develop mentlaccupancy of the rernaining portions of WHBP (except for the quarry related activities). This remaining area includes a total of 85 acres within the MCX zoned lands and all 85 acres of land within the MG zoned area, This a significant portion of the WHBP, which would then provide financial resources for the construction of the remaining section of the required Kamanu Street Extension improvements. These areas are shown in Exhibit 5. As part of this application, LP is also requested the deletion of the portion of Existing Condition J that allows the Kamanu Street extension improvements to be developed in increments as well as providing alternative funding options. LP has explorers this possible action and have determined they are not viable options for developing/financing the Kamanu Street improvements. Based on this, LP is requesting that these provisions be deleted as part of this request. Consistency of General Plan The project area is designated as an Industrial Area and Urban Expansion Area by the County's General Plan Land Use Pattern Allocation Guide (LUPAG) map. As part of the review of the original Change of Zone application In 2004, the Planning Department stuff report found that: This proposed development is consistent with the Land Use and Ecolomic elements of the General Plan in that the proposed development will provide additional and expanded employment opportunities for the residents of the area as well as the entire island The Staff Recommendation further determined that the project is consistent with the General Plan's Land Use Pattern Allocation Guide (LUPAG) map which is a representation of the General Plan's goals and policies in the guidance of the coordinated growth and development of the County, More specifically, the ;Staff Report determined that: The proposed change of zone is consistent with the General Plan land use pattern for this area of Kona and the applicable goals, policies and standards of the General Plan. Since the adoption of the VVHBP zoning in 2004, there has been no change to the General Plan and/or the LUPAG reap designation relating to the project site. Accordingly, the proposed development is consistent with the General Plan. Kona CDP r�s;st�:R�cy with I I West Hawaii Business Park, LLC Request to Amend Ord. No 18-115 July 15, 2021 Page No. 10 The Kona Community Development (CDP) was adopted by Ordinance, effective September 25, 2008. The purpose of the CDP is to guide regional development in accordance with the Kona resident's vision for the planning area. The Kona CDP "Official Land Use Map': identifies the project site as part of t-le Kona Urban Area. A small portion of the WHBP is situated within the Honokohau Tillage Regional Center. The Kona CDP Transportation Network identifies Kamanu Street Extension 'within WHBP as a Major Collector Road. It also identifies Kanalani Street Extension the project area as a Minor Collector Road. The improvement of the Kamanu S#reet extension is required as a condition of Ordinance No. 04-110 while the improvement of the Kanalani Street Extension through the project area is included as part of the overall circulation plan. With respect to the requirements of the Kona CDP, Land Use section 4.2.2 states in part The legally binding polices in this section as defined in 4.0 Goals, Ohjectives, Policies and Actions. do not override or invalidate existing zoning. Such legally binding policies, however, shall be implemented with new change of zone, time extensions on existing zoning requiring County Council action, state lend use boundary amendments and Special Management Area (SMA) permits, when applicable. The V`JHBP Project is being developed in accordance with the existing zoning that was established prior to the adoption of the Kona Community Development Plan (:;CDP"). While amendments Ordinance No. 18-115 is being proposed, these aniendrients do not involve a new change of zone nor a time extension to an existing zoning. Based on the above, the development of the WHBP project is in accordance with the existing conditions of approval and the proposed amendment Condition J of Ord. No. 18-115 and proposed new conditions "N" and "O" are consistent with the requirements and intent of the lona CDP related to existing zoned areas- Chapter 25-2-46 Concurrency Requirements :Section 25-2-46 of the Hawaii County Zoning Code established certain concurrency requirements for any zoning amendment application related to standards for roads, water supply and civil defense sirens. In compliance with the Zoning Code's concurrency requirements, WHBP contracted wiTn Wilson Okarno`Lo Corpora,,lion (�IJOCj Fol the preparation of a Traffic Impact Report (TIR) prepared in accordance with the requirement of Hawaii County Code (HCC) 25- West Hawaii Business Park LLC Request to Amend Ord. No. 18-115 July 15, 2021 Page No. 11 2-46{d'}. On July 12, 2021, tl OC provided a letter confirming that "with the implementation of the recommendations, traffic operations at the study intersections are generally expected to continue operating at levels of service similar to without project conditions. Therefore, the recommendations and conclusions of the TIR co-1tinue to be valid and implemented A copy of the WOC letter is included as Exhibit 6, The TIAR determined that with the proposed phased improvements, the proposed development will result in acceptable levels of service as defined by HCC §25-2-46. WHBP LLC will continue to comply with the TIAR's recommendations for improvements within the VVHBP project area as it proceeds with the development of the property, With respect to water. DWS has determined that there is sufficient water to support the deveiopment of the VVi- BP. fhese requirements were imposed as Condition G of Ordinance 04-110. With respect to a civil defense siren, Condition 12 of LUC Docket No. A00-013 requires the installation of a solar powered siren in a central location as determined by the County of Hawaii and State Civil Defense agencies. WHBP LLC will install the siren as required by these agencies. Based on the above, the existing project and proposed amendment is consi,tent with the Zoning Code Concurrency Requirements as contained in HCC §25-2-46, Consistency with original determinations by the Planning Department in recommending approval of Ordinance No. 04-110 In its review of the WHBP's change of Zone request in 2004, the Planning Department's staff report determined the following: 1. The request will not result in a substantial adverse impact upon the surrounding area. The project area is situated between two existing industrial areas, Kaloko Industrial Park to the north and Honokohau Industrial area to the south. The project area includes an existing quarry and related uses. The approval of the industrial zoning is consistent with the existing uses within the project site and surrounding areas. 2. All essential utilities are available to the site. Water, electrical, cable and telephone serve is available to the projec'r area. While no sewer service is currently available. However, until such a connection is prov'icled, tenants 1,"withiri VIVi"`IBP are required i i-ltiiize individual wastewater systems {WS} with an enhanced treatment system. Pursuant to the LUC I i West Hawaii Business Park, LLC Request to Amend Ord. No. 18-115 July 15; 2021 Page No. 12 r conditions of approval, a maximum of 40 IWS are allowed before connection to the County's Kealakehe Wastewater Treatment Plant (V'JINTP). The proposed subdivision improvements include "dry' sewer lines which will connect to the County's Kealakehe Wastewater Treatment Pian upon completion of sewer improvements connecting the existing sewer lines within Queen Kaahumanu Highway to the WV1JTP. 8. The request is not contrary to Chapter 205A, HRS relating to Coastal Zone Management Area. The project site is situated mauka of Queen Kaahumanu Highway and is not within the County's Special Management Area. Accordingly, there will be no impact on coastal areas or resources. Ali archaeological reviews anc. approvals have been secured for the project area, including: Archaeological Inventory Survey Archaeological Data Recovery Plan Archaeological Preservation Plan Burial Treatment Plan, Based on the biological surveys, there are no endangered species of plants or anirrials within the project area. Recommended mitigation measures include compliance with the County's Outdoor Fighting Code to minimize potential impact on endemic seabirds which may overfly the area. Eased on the cultural impact assessment and other related studies, the review of the proposed development determined that the project will have no adverse impact relative to cultural and historical resources in the area. In this regard, the PIS prepared for this project, stated that: No cultural practices or beliefs will be adversely impacted by the project, and no valuable natural, cultural or historical resource will be substantially afffected, given implementation of mitigation measUres to prevent adverse impacts to culturally important view planes and water quality of culturally important ponds and marine waters downslope of the project. Proper treatment of historic sites with cultural values will prevent adverse cumulative impact. The necessary mitigation measures have been included as conditions of approval of the Land Use Commission Decision and Order and Ordinance 04-110 as amended by Ordinance No. 18-115. No changes to these conditions are proposed, Accordingly, the overall reasons/justifications for the rezoning of the WHBP are still applicable. West Hawaii Business Park, LLC Request to Amend Ord. No. 18-115 .duly 15, 2021 Page No. 13 Based on the above. WHBP LLC is requesting your favorable consideration of the proposed amendment to Condition J of Ordinance No. 18115 and proposed new conditions "N" and "O". Please call me, or our planning consultant, Bill Moore (8018.987.7336), if you have any questions on this matter. Sincerely, Riley Smith. P,B. presijent cc: William L. Moore Planning, Inc. I I t 1 , —"' RS c t ata 4 ! I ou a ry0J CCt Jt , 1 ri1EUS.RIA! fMG,Ilz3 1' E5.73141cs, Jt t P r-F . xr ty_ r t �4 , i .t J i' " tF 1rt is rJ i �ti —__ Ott Ja — t-- c Ir a t J �s { 32 ,391, E iF,IC SYSTEt,I t,)I,lF f�. 3t',G J.E J1 </ 320 034 8 F �' �'�nE,G' kot�b4`rk1tF'�Ah�COO;?Lf"t.A7E 1 .n � � C-Pt.7%SYS,FP! ci?E Y' tJPFS 0 k PSr4. Y ; 1 OPEIN tt �YF¢ v.t.0 ii fhLUJIRIAL-CONI;YERCIAL 166,733 ACS AME ')\J_DME1NjTTO THE ZONIN (-j'° CLUE" A ';'tENF 1 G K 1 ,.IN 25-8 7 � i' c I K0 iA L7.1�N1= 'y,Ri'I -;T_F }, C;N��,tTPR `'.'> E _)�a NG C0DEL) � f= Tt_�P HA� All CCk�l�t1 £`r t:C�CiL. BY THE'_ DISTRICT CLASSIFICA-TION FROM ()PEN O) TO INDUSTRIAL-COMMERCIAL NMXED (MCX.,2 ) AND GENERAL INDUS'F RIAL (MG-i ) 1 AT f- ONOKOHAU 1 st, NORTH KONA, I IAWAII I PRER 'iRECr BY: PLANNING DERARTMEN - COUNTY OF I-IA',A All TF;9k I pa r t' F, eta,Jure 7.<.t.;i —:. x f, iy - r ' ill 1 r r c _ 2 Gl m { i 0 w 1 (' 1 J �J 1� vi 4 ------------------- r tti x i y3 _ � E 1 I �v 1 t IJ^ l�f I t I F si , jjt n -- r It _ti ; | � � | ` ' ^ - v � -z: i- I �} � -I _ �.� � �� . � f ,t -. � .- .. - � -` i `. i d I i ._ ,- -� �; -^,____. f,� -, r .. .,-. - ,/, � ' _.� r i 1 � �i x 1� �� 1 cv � t � � _ .. � 1 ' �n i � i `� mi � `' y l,,{ y � _ ._ -_ �� �� �`�, �� ,^+ �� _ „,., 1 �, �` i " R u. i / R`{j �yy' , 6'i{ � 1y, ti �,. � �_� x ;, � - ,j �y T _ I� +.`.�'� 1. ' � � .may 5 � ri �' ^ �.� - �,� _ - 1 s� _ _ �--_ _ _- �. : 10,1354 .Iuly' 12. "02I Mr. Riley W. Smith. P.E. President/CLO) Lanilnau Properties, [,t,(' P.O. Box 9032 Kailua-Kona, Hawaii 96745 Subiect: Response to your letter dated July 9. 2102 1. regarding Nest Hawaii Business Park Proposed Amendment to Change of`Zone Ord. 18-115 Conditions of Approval. Flranokohau i and 2,North Kona, llavvaii Island Tax Map Key: (3;) 7-4-008. 013, 030, 074, 076-0178, 084, 085,and 090-100 Dear ,,,Mr. Smith: This is in response to your SLIjest letter requesting our assessment of the anticipated impacts of the proposed amendments to Ordinance No. 18-115 on the findings, recommendations and conclusions of the Traffic: Impact Report (TIR) for West Hawaii Business Park (WH13P) dated November?{117. In reviewing this reque-st. and eased on the analysis and irnfor-enation provided in the November 20117 WHBP TIR, we anticipate that the proposed amendments will not result in a significant impact to the assumptionsand information of which the analysis in tine document was teased cern. Furthermore,tine proposed West Ilawaii Business Park entails a unix of industrial and c:ornnmerciallretail uses and is expected to be implemented in three phrases over a span oF20 years. In conjunction with each phase of development, a network of nem internal roadways is planned to he cornstruc:ted to provide connectivity, access, distribution. and circulation through _– and within the prt3ject area. — With the irnpicnrentation of the recommendations, traffic operations at the study intersections are generally expcctcd to continue operating at levels of service similar to these as identified in the l-JBP TIR. Therefore, it is expected that the recommendations and general conclusions provided in the 44'HBP TIR should continue to be valid and implemented. 1907 S.Beiretania Streets Suite 400 a Honolulu,Hawaii•96826.(808)9+46-2277 Bxhibit67 I.Cticr to \4r. Kilex 1 `. SIttill I. II.E.. 1111"e 2 .ILI1! I2, 2 021 Should _you have any questions, please do not hesitate to contact me at (808) 946-2277. Sincerely, Pete G. Pascua. P.L. Senior Vice President, Director- Traffic PP/1111 Lanihau (Properties, LLC VA), li(o 902 A�ad'u a W OoT45 V ,1111N 9. 201-1 Pete Pascua, P.L., Vice President and Director Wil,on Okamoto Corporation 1907 South Beretania Street, Suite 400 171011011110. 1 lawali 96826 Subject: West Hawaii Business Park LLC Proposed Amendment to Change of Zone Ord. 18-115 Conditions of Approval. Honokohau I and 2, North Kona, Hawaii Island Tax Map Key: (3) 7-4-008: 013,030,074,076-078,084, 085,and 090-100 Lanihau Properties(Lanihau), through its subsidiary, West Hawaii Business Park, LLC is the owvncrMeveloper of West Hawaii Business Park (WHBP) situated in flonokohau,North Kona. This 282-acre development was zoned to allow Mixed Commercial (MCX-20) and General Industrial (MCI-1 a)zoning districts Pursuant to Ordinance 04-110 in 2004. This Ordinance was subsequently amendment by Ordinance No. .18-115,effective as of December 4. 2 118. As part of the background information supporting the amendment, Your firm prepared the Supplemental Traffic Impact Analysis for the West Hawaii Business Park dated Julie 2018. Since your firm's preparation of the supplemental analysis to the Traffic Impact Report (TIR) and tile adoption of Ord. No. 18-115, Lanihau has secured Fin.al Subdivision Approval No, 119-00189:0 for its initial 48-acre development area, Lanihau has initiated the construction of the required improvements. including a portion of Kanalani Street as well as portions of Kimo Drive(South Access Road) and Kaula'ili Street (North Access Road)between Queen Kaahunianu Hiehway and Kanalanl Street. A map of these road improvements is included as Exhibit No. 2. At this time, Lanihau is proposing to apply for all amendment to Condition J of Ordinance No. IS-1147" and creation of new conditions"N" and "0"as follows, J. F`Tioi- to the issuance of Certificate of Occupancy of any structure within the project area, except as provided in Condition K. L. [and] M, N. and 0, below, Kaniantl Street Extension shall be constructed and available for use across the entire project area. The applicant shall construct Kainanu Street extending From the north property boundary to the South property, boundary except as provided in Condition N, below, meeting ,,vith the approval of the Department ofPublic Works. Proposed new Conditions are as follows: N. Prior to the issuance of a Certificate of OccuRancv for development within Tax Mat) Key JTMK): 7-4-008: 077, theapl2licant. successor-, or assigns shall construct the followint roadwav/access imRrovernents: the Karnanu Street Extension from the existin2 1pavement N%ithin FNIK: 7-4-020: 024 to tire southern boundary of TNIK: 7-4-008: 078 to dedicable standards; and internal access iniprovenients within a minimum 20-foot pavement Width, ineeting N%ith approval of the Departnient of Public V►`orl s< connecting (lie tertninus of Kanalani Street a t Ilav Kev: 7-4-008: 078 to the Karrianu Street t the northern boundary of Tax Ui2lJt-Of--*A',M 0. U13on transfer of o-kvnership to the Countv of Hawaii. development and issuance 21' a Certificate of Occupancv -within JAIK, 74-008: 090 shall not require :inti inilwovements pursuant to Condition J,above. Since the i1doptloll of Or([- No- 18-115 andwetu-Ing offinal Subdivision Appio-val No. 19- 001890 for]is Initial 48- acre dew elopuient area, Lainhau Propertle,,has been approached by .regarding the Purchase of a ;1.14', acre portion of WHBP. Pie areatuiMiMersWcuMionPor purchase*by= is identified as TNIK: 7-4-008: 077 (parcel 711, s A,r-4,cordut to discussions WithIII their Intent i,�to "o With MOW t his property wit pin t ie oreseeable futwumure. ase Is sIng M on t s s ng e use fault owners" P, will riot require the subdivision of the area into s It I Therefore, 7, ss Ps intenon nveni. driveways connecting to itialler lots. Therefore,access is ed to be f6i I ql dj' Kanalarn Street and Katuanu Street as required by the Cotuit-y Departments of Public Works ind Plulning. hi addition, Lainhan has agreed to dedicate TNIK.- 7-4-008: 090(Parcel 90) to the County of Hawaii foo- the constniction ofa regional sewer pump station as part of the Depailutent of Environmental Management's sewer collection system for the Kealakehe Wastewater Treatment Plant, Under the entTent conditions, KamanuStreel extension wouht need to be completed across the entire length of VVHBP park before occupancy of any improvenieuts within these properties. The proposed amendments to Ordinance No. 18-115 are intended to allow the developluent of Parcel 90 by the County without triggmg any further road improvements and to allow the developmew of Parcel 77 with limited improvements to Kamamj Street. More specifically, the development of Parcel 77 would require the unprovettlent of a portion of Kaill.,uni Street to connect to the existing improvements to the south as well as an internal access toad with a nihilinurit 20' pavement connecting the Kaltalaiti Street teninittis with the Kamaulu Street improveinents. As we proceed with the reqnesi for the proposed itnendinents-, We are seeking your c oilln lei i Is assessaiielrl with respect to the validity of the findings, recoinniendatioils and conclusions of tyre Supplemental Traffic Analysis for the %VI-IBP, with respect to the impacts of the proposed antendinews Pleasc Contact 83 loo&. EmdeyiMaa/a2Consultant, orme />ouhave ar, gC«Gnaor wg32 my \Rk rdGr 26n3oder to I)rogcle uwwith four Swamemonthis &gu«L ynQw6y Riley Smith. P G%dent T O «tl1CBmcma I/%12 . « c R¢ Moore, William L, Qooe Han/n2lncl . . . Lanihau ftoperties LLC ,P 0, -13o 06),1' Aanmeltj—hl 9o"4.) July 26, 2021 Zendo Kern, Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Dear Mr, Kern: Re: West Hawaii Business Park LLC Addendum to Proposed Amendment to Change of Zone Ord. 18-115 Conditions of Approval. Honokohau I and 2, North Kona, Hawaii Island Tax Map Key: (3) 7-4-008: 013, 030, 074, 076-078, 084, 085 & 90-100 This Addendum is to supplement West Hawaii Business Park (WHBP), LLC's application to revise Change of Zone Ordinance No. 18-115 by amending Condition J of Ordinance 18-115 and adding new conditions "0" and "P" and the renumbering of the remaining conditions. This Addendum was prepared in response to the request to provide additional information to supplement the application submitted on July 15, 2021 and includes: I Original and 20 copies of revised Exhibit 5 which corrects a typographical error in exhibit. 2. Original and 20 copies of revised Exhibit 6 which updates the letter from Wilson Okamoto Corporation to include an engineees stamp certifying that the letter was prepared by a Professional Engineer, 1 Original and 20 copies of a new Exhibit 7 which discusses the archaeological approvals in more detail and includes copies of the State Department of Natural Resource's State Historical Preservation Division's (SHPD) approval of the required archaeological plans, This Addendum also provides additional information with respect to WHBP, LLC's ability to construct the Kamanu Street extension improvements as required by Condition J as follows: WHBP, LLC does not intend to construct the road improvements in phases or utilize government financing tools such as Improvement District (ID) or Community Facilities District (CFD) funding as currently allowed by Condition J, Planning Dept. Exhibit 2 Addendum to West Hawaii Business Park, LLC Request to Amend Ord. No. 18-115 July 26, 2021 Page No. 2 In this regard, WHBP. LLC will utilize proceeds from the sale of subdivided properties within WHBP to finance the construction of Kamanu Street extension as required by Condition J of Ordinance 18-115. More specifically, it intends to fund the portion of Kamanu Street that is identified in proposed new Condition N' from the net proceeds (after taxes) from the sale of Parcel 77. Funding for the remaining portion of Kamanu Street will be from net proceeds of the sale of existing parcels created by SUB No. 19-001890 (Exhibit 3) or from future lots that will created by the subdivision of all or portions of the remaining areas within WHBp2. Please call me, or our planning consultant, Bill Moore (808,987,7336), if you have any questions on this matter. Sincerely, Riley Smith, P.E, President cc: William L. Moore Planning, Inc. Attachments Proposed Condition N required the construction and dedication of the portion of Kamanu Street extending from the existing pavement within TMK: 7-4-020: 024 to the southern boundary of INK: 7- 4-008: 078. Subdivision of this areas,which includes TMK: 7-4-008: 043,074,084, 085 and 100, will be subject to the condition that Kamanu Street be constructed and dedicated to the County,prior to occupancy of any structure as required by Condition J of Ordinance 18-1 i5 or as may be revised by the requested amendment. —`-✓ � s. _,.._. _.--''rte\. i -; ` � `� ... I l 1 1 ' L 1 II _ -J• - WILSON mwo'ro C 0 R P 0 R A T i 0 N k A T C S A N S h F i H I, 1023-5-(13 July 12, 21021 Mr, Riley W. Smith, P.E. Prcs1dent./CEO Lanihau Properties, LLC P.O. Box 9032 Kailua-Kona, flaNvaii 961-145 Subject: Response to your letter dated July 9 2021,regarding West Hawaii Business Park Proposed Amendment to Change of Zone Ord. 18-115 Conditions of Approval. Honokohau I and 2, North Kona, Hawaii Island Tax Map Key: (3) 7-4-008: 013, 030, 074, 076-078, 084, 085, and 090-100 Dear Mr. Smith~ This is in response to your subject letter requesting our assessment of the anticipated impacts of the proposed amendments to Ordinance No. 18-115 on the findings,recominCrIdations and conclusions of the Traffic Impact Report (TIR) for West Hawaii Business Park (WH'BP)dated November 2017. In reviewinc, this request, and based on the analysis and information provided in the November 2017 WHBP TIR, we anticipate that the proposed amendments will not result in a significant impact to the -assumptions and inf6rination of which the analysis in the document was based on. Furthermore, the proposed West Hawaii Business Park entails a mix of industrial and commercial/retail uses and is expected to be implemented in three phases over a span of 20 Years. Iti conjunction with each phase of development, a network of new internal roadways is planned to be constructed to provide connectivity, access,distribution, and circulation through and within the project area— With the implementation of the recommendations, traffic operations at the Study intersections are generally expected to continue operating at levels of service similar to those as identified in the 7z WHBP TIR, Therefore, it is expected that the recommendations and general conCIUSiOD-S provided in the WHBP TLR should continue to be valid and implemented. Exhibit 6 (ro'istd 7/26/27021) 1907 S.Beretania Street Suite 400-Honolulu, Hawaii -96826 o 1808)946-2277 10235-031 Rw to yERHeykV, Smith, %y paw 2 }/Y 132)0-2 1 Should you haNe any g§CiGon% please d0 not hesitate to contact mo at {\Oq 946-22'7? Sincerely, Pete G. Pascg% Ry a Senior V\\President, Director- Traffic y ' fp ® " Ru�E&SEo J o£ESSmAL \ \ ENGINEER ! ) \ '\, N.' 7263± Z Z \ '��\ ' 4 July 1), 2021 Pete Pascua, P.E., lice President and Director Wilson Okamoto Corporation 1907 South Beretania Street, Suite 400 Honolulu, Hawaii 96826 Subject: West Hawaii Business Park LLC Proposed Amendment to Change of Zone Ord. 18-115 Conditions of Approval. Honokohau I and 2,North Kona, Havvaii Island Tax Map Key: (3) 7-4-008: 013, 030, 074, 076-078, 084, 085, and 090-100 Lanihau Properties (Lanihau), through its subsidiary, West Hawaii Business Park, LLC is the owner/developer of West Hawaii Business Park, (WHBP) situated in Honokollau,North Kona. This 282-acre development was zoned to allow Mixed Commercial (MCX-20) and General Industrial (MG-1a) zoning districts pursuant to Ordinance 04-110 In 2004. This 0rditLance was subsequently amendment by Ordinance No. 18-115, effective as of December 4,2018, As part of the background information supporting the amendment,your firm prepared the Supplemental Traffic Impact Analysis for the West Hawaii Business Park dated June 2018, Since your firm's preparation of the supplemental analysis to the Traffic Impact Report(TIR) and the adoption of Ord, No. l 8-115, Lanihau has secured Final Subdivision Approval No. 119-001890 for its initial 48-acre development area. Lanihau has initiated the construction of the required improvements, including a portion of Kanalanl Street as well as portions of Kimo Drive(South Access Road) and Kaula'lll Street(,North Access Road)between Queen Kaa-humarru Highway and Kanalani Street, A map of these road improvements is included as Exhibit No. 2. At this tinie, Lanihau is proposing to apply for an amendment to Condition J of Ordinance 'o. 18-115 and creation of new conditions "N' and "0"as follows: I Prior to the-issuance of a Certificate of Occupancy of any structure wh-hin the project area, except as provided in Condition K, L, [and] 1,Vl,,N, and 0,below, Karnanu Street Extension shall be Constructed and available for use across the entire project area. The applicant shall construct Kamanu Street extending frown the north property boundary to the south property boundary except as provided in Condition N, below, meeting with the approval of the Department of Public Works, Proposed new Conditions.are as follows: N. Prior to the issuance of a Certificate of Occupancy for development within Tax Map Key NW),7-41-008: 077, the applicant. successors or assigns shall construct the following roadwavlaccess imRrove.ments: the Kamanu Street Extension from the existinLy Pavement within TMK: 7-4-020: 024 to the southern boundary of T'\IK: 7-4-008: 078 to dedicable standards,• and internal access improvements within a minimum 20-foot pavement-,width, nieetinL3with approi-al of the Department of Public Works, connectin2 the terminus of Kanalani Street at the northern boundary of 'Tax Alar) KeN!: 7-4-008: 078 to the Kamanu Street 62ht-of-way. O. Upon transfer of ownership to the County of Hawaii, development and issuance of a Certificate of Occupancv within T-'\IK: 7-4-008: 090 shall not require an improvements pursuant to Condition,I, above. Since the adoption of Ord, No_ 18-115 and securing of Final Subdivision Approval No. 19- 001890 for its initial 48+ acre development area. Laiuliau Properties has been approached by , regarding the purchase of a 31.145 acre portion ofWHBP. ie area un er iscussion for purcliase6M is identified as TMK: 7-4-008: 077 (Parcel 77). Accordin to discussions With their intent is to establish a���� arn discussions 'or* s'17v will not require the subdivision of the area into c oil this property within the foreseeable future. Based *Ont is singe Muse Ran( Rner"hip,� smaller lots. Therefore, access is intended to be for internal drive-ways connecting to Kanalaill Street and Kanianu Street as required by the County Departments of Public Works and Planning. In addition, Lanihau has agreed to dedicate TNIK: 7-4-008: 090 (Parcel 90) to the County of Hawaii for the construction of a regional sewer pinup station as part of the Department of Environmental Management's sewer collection system for the Kealakehe Wastewater Treatment Plant. Under the current conditions, Kamanu Street extension would need to be completed across the entire length of IXIHBP park before occupancy of any improvements within these properties. The proposed amenchrients to Ordinance No. 18-115 are intended to allow the development of Parcel 90 by the County without trigging any further road improvements and to allow the development of Parcel 77 with li-nutedunprovenients to Kamanu Street. More specifically, the development of Parcel 77 would require the improvement of a portion of Kamanu Street to connect to the existing improvements to the south as well as ail internal access road with a minimum 20'pavement connecting the Kanalam Street ter nimus with the Kaniaini Street improvements. As we proceed with the request for the-proposed amendments, we are seeking your comments/assessuierit with respect to the validity of the findina.s,recommendations and conclusions of the Supplemental Traffic Analysis for the W-HBP,, with respect to the impacts of the proposed amendments. Please contad Bill Moore, Lajijhau'& Planimw Consultant, 01- HIC il"9OLI ham anY gem ti0fVS Of- rcquire any further MR)rniatfon in order to I)rOVidC US v,'ith VOLtr lassessilient oil this recluesI. Rilev Smith, President."CE0 Attachments Exhibit 2 C: By Moore, William £. M m Planning Inc. Exhibit 7 West Hawaii Business Pari;. LLC Amcnciment toOrdinance I S-1 15. C hronorlo Fv_-of Honokohau Trail Archaeolo ictal Review --- — w , Date Document �- Comments Jrrn 200f) Revised AIS E'tec0itt nend preservation ofintaLt sections of lionoWflzw`-rail in i proximity to other sites. lltese sections Shall be identi ied in the Final Preservation Plan tl~PP)(Attachment 1) r 8 `8� 20(31 SHI'D l etter Approved Revised AIS. Acknowledged there was a good faith effort to consult oil the AIS including with Na.Ala He:1<-, Program. {Attachment 2) Jan 2001 Interim I Provided that an intact section of llonokohau 'Bail wiV be preserved I Preservation Pian wrt11 one possible road br,ectionittachrnent 3) ---- 8/12/2003 SHDP Accepted Interim Preservation Plan(Attachment 4) ?/14?2006 Na Ala Hele Memo trorn Doris Moana Rowland to Curt Cottrell,Na Ala Hele Program Manager regarding disposition of trails within WHRP. j Findings/conclusion with respect to Honokohau Trail included: I. 1888 government-man delineated a:mauk-a-rrrakai trail through � the subjectlands. However,due to lack of detail and the scale of the map,it is not possible to determine the exact location of the trail on current maps. 2. AIS identified remnants of the rnauka-rnakai trail that runs intermittently across the central portion of the project. i 3. Upon discovery of the trail, Lanihau contact Na Ala Hele. 4. Na Ala I-lele responded"since the State sold sections of the Marnalahoa trail,Na Ala Hele was not interested in the mauka- makai remnants. 5The mauka-makai trail qualifies as being subject to the 1 Highways Act of 11192. 6, in 2001,Na Ala Hele determined that the trail slid not serve.aNa Ala Hele programmatic purpose or had linear recreation or access value due to the fact that the government bad relinquished S its interest in the Mamalahoa Trail that this feature had once I _ connected to. Attachment 5 7/24/2006 Lanihau —_ In an entail to Curt Cottrell,Na Ala Hele Program Manager, Lanihau will proceed with the development of the WHBP,including G ; preservation of portions of Marnalahoa Trail and Honokohau Trail j as approved by SHPD as well as continuing of current quarry foperation to the southerly=end of the existing MG zoned area. E (Attachment 6) Sept 2008 Final Preservation A portion of the Honokohau Trail can be breached Por the 1 Plan construction ofKanalani Street provided consultation with SHPD will be carried out regarding data recovery requirements. FPP — i included summary of consultations including: I The Na Ala Hele Statewjde Trails and Access Program vvas consulted regarding the trail components, and the response indicated that it has no interest in the Mamalahoa Trail(Na Ala 1 Hele letter of June 7,2001,SHPD letter of August 28,2001)and s no interest in the rnauka-rnakai trail (Site 18099)(Na Ala Hele letter ofJuly 14,2006). Attachment? 9/23/2008 SHPD App roved Final Preservation Plan Attachment 8) 1 } AN ARCHAEOLOGICAL I2MMORY"SURVEY OF AN APPRU)OMATELY''803-ACRE SUBJECT PARCEL IN THE Ab upuA A. 6F SUNoRmAU I AND II, NORTH RONA DISTRICT, ISLAND OF HAWAII ('I'MR 74-08: por. 5, 1.8, 30,36) VOLUME h BACKGROUND STUDIES AND SITE ANALYSES by Jennifer J. Robins, BA Joy Coffins, BA. Rodney Chiogioji,BA. Ingrid Carlson,B.A. Ian Masterson Victoria 8, Creed,Ph.D. Douglaa F.Borthwick,B.A. and Hallett H. Rammatt,Ph.D. t Prepared for LANIHAU PARTNERS L.P. CULTURAL SURVE'Y'S HAWA11 APRIL 1993 Revised June 1.995 Wised March 1999 Revised Jfmuary 2000 lAttachment lis nokohau MS January 2020 Preservation of other sites with habitation components below 550 ft. a.m.s.l. include'jour complexes centered around lava tubes. The lava tubes contain burials but also evidence use as habitation features. Sites 16032 and 18116 also have surface components, including habitation,agricultural and recreational (i.e.papam,7)functional types. Thus, these preserve sites include a range of functional site/feature types not just burials, as part of their preservation in the low (lower elevation)portion of the project area. All of the burial sites in the project area are recon mended for preservation and should be 1 protected from any potential adverse impact. Two of the burial cave sites (sites 50-10-27- 18116 and 50-10-28-18185)also include habitation components and petroglyphs. Final treatment of the burial sites and any other inadvertent burial finds on the property will be reviewed and ultimately determined by the Hawaii Island Burial Council. This work will be done in accordance with a Burial Treatment Plan,which will be reviewed and subject to approval by the Department of Land and Natural Resources(DLNR) and the Hawaii Burial Council. Portions of two nkaiuka-makai ahupua'a trails(site 6-50-10-27/8-13006 and -18099)and a portion of the Mimalahoa Trail(50-10-27-02)are recommeaded for pz*servation. Both mauka-mahai trails have sections which are excellent examples of trails that once extended between the coastal and upland settlements of Honok6hau I and U ahupua'a. However, both mauka-mahai trails are in fair to poor condition be use they are in a state of disrepair and have been breached in numerous places by roaming cattle,pasture improvements, possible alteration by Japanese homesteaders and major construction near Queen Kaahumanu Highway, The parts of these trails that remain in fair condition are in the upland part of the prcject area and no longer are contiguous with parts of the trail that used to wrist at lower elevations. The Mimalahos,Trail is a non-traditional Ift, -wntury trail altered for use as a jeep trail during the 20th century, Similar to the condition of the two mauha-mahai trails in the project area,the Mimataboa Trall bas been breached along its course in the Kekaba region, as well as along its course in the present study area.la the project area the major land changes that have altered or obliterated portions of the trail include the Queen Ka'ahumanu Highway and a culvert undeMsa.Additionally in Honokobsu and adjacent Kealakehe, the Kealakehe Parkway and Queen Ka'ahumanu interchange,a Chevron gas station and the HonokAhau Industrial Park and accew road have also obliterated the trail. The Mimalaboa Trail section in the present study area(also referred to as the"King's Highway")is also privately owned by Lanihau Partners(see Appendix C). The realignment of the Mimalahoo trail would need to take into account continued major construction activities within Honok6hau,Xeakkebe and Kealuolu- Recently,dam recovery work (Hammett, Sludeler and Pre; laky 19-9-9-)related to the less of 200 it.,on the Mimalahoa Trail within Honokoh- au was undertaken in advance of the widening of Queen Ka'ahumanu Highway and the presently-under-constructirm Kaloko-Ilonokahau National Historic Park entrance,thus,another major breach in the trail within Honok6bau. Based on the major breaches- within and adjacent to the project area, the poor remnant .151 N malahoa Trail is Site o2 Trail is Site mo99 condition of the trail, and private ownership of the trail within the project area, preservation of only a representative ample appears warranted. The two-upland-seaward trails,-13006 and -18099 have large sections which are no longer extant. Site-13006 has been obliterated below the approximately 300 ft. a.111.51 due, at least in part, to the development of TMKs 7-4-08:30, 33, and 28. Therefore,no access to the coastal area is envisioned. Site-18099 has a section at approximately the 75-160 A. a.m.s.l. range and then there is a large gap(ca. 4000 ft.)to approximately the 400 ft. elevation. Similar to trail site-13006 no mauka/makai access is planned for Site-18099. The preservation aims for the two trails are to have examples of their site type, using well- preserved sections of the trails along with an interpretive program as appropriate. Based on the poor structural integrity of these three trails{cites-13006,-18099 and -02),it is suggested that only certain,intart sections be preserved,specifically those trail sections in proximity to other preserved Hawaiian sites.The decision as to which trail sections provide the greatest degree of interpretative possibilities and thus,warrant preservation treatment-will be identified during future work in the project area and presented in the Preservation Plan. Kaloko-Hou*k6hau National Park The archaeological resources within the prcject area document traditional Hawaiian land use over a good portion of the landseapes of the two ahupua'a and,cohesively, contribute to a better understanding of the ahupaa'a as an integrated entity.Thus,we suggest that coordination between the Lanihau Partners(LLC)and the Xaloko-Honak6hau National Historic Park he facilitated in the future. One step may be to set up an exhibit at the National Park where the artifacts collected fmm this mauka project area,in addition to these artifacts collected&om within the magi National Park area of Honokiahau I and 11 can be displayed. Long-term storage and curation,of non-exhibit quality materials could also be addressed with the National Park's staff. 162 "V\ MVERWA OF MAWAX bOAOC Of L,40 ANU*A TtMAL M-90LWA= CCOALAIM%Ck CW WATO 10090(WT ULAftA44*f*W jam``' -K? 0tPV,1E5 M19410" STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL FiESOURCES AOU,471C RESOURCES SOA1144 AND OCEAN W-RFA'noh 41STORIC PWSURVAMN DN&ON COMMISSOU ON WA'M RZSOUFCZ KkL"'hewa BuAdir4,Pwm 566 WAAAGERENT $01 Kam da BoLkvve CON2EAVA-104 AND AES*Ur4CC!5 KapqW,H*wag 96'707 fNrQMCtMENT REF,-E1P-AATK CONWYANCES FORESTRY AMC VALOUPE MISTOMC?9ESERVA77oN LAND AlVC, e 2-90f Mn Do &las Borthwick LOG NO: 28061 U Cultural Surveys Hawaii DOC NQ-. 0 1 08RC24 7')3 N, Kalaheo Avenue Kailua, NawaE 967'3-1 Dear Mr. 13 ortlivAck- SU13JECT: Final Approval of Archaeological Inventory Survey forffonokobau 803 Acre Parcel(Lanihau Partners), Honokohau,North Kona, Hawaii ID&K: 7-4-8: or. 5. 13, 30. 36 This letter responds to your letter of August 8, 2001 (received August 15th) and your fax of August 21, which submitted consultation docunentation on this survey regarding the proposed Tnitigation measures. We also called Stan Bond, the Archaeologist at Kaloko-Honokohau park and spoke with him about National Park Service concerns, as you noted that the National Park Service had not responded to your consultation request. This consultation was requested in our letter of February 12, 2001 (4,og: 26,972; Doc: 0 1 02RC 15)- Your doculnentation indicates a good faith effort for consultation, Only two individuals responded. Mr, Rodney Oshiro of DLNR's Na Ala Hele program indicated that his program had no interest in the sections of the Maxnadahoa Trad. Mr. David ROY ('resident of Na Kokua Kalako-Honokohau) expressed some concerns about possible threats to groundwater pollution, presumably that would affect the ponds and oceanwithinthe National Park seaward of the project area, Our conversations with Wr Stan Bond indicated that the Park Service also had these groundwater pollution concerns, but he found the mitigation proposals for historic sites vithin the project area acceptable, with some concerns about the Mamalahoa Trail. He saw the most important part of this trail being the intact portions from the park-to Keahole Airport. Given these comments, we can now agree with the mitigation Proposals for the significant historic sites within, the project area, - Attachment 2 1. 98 sites needed no initiganon work and no lFurther protection, because they were significant solely for their information content and a reasonable and adequate amount of this information was -ecordeairecovered during the survey. 17 historic- sites are to be preserve,-.' These include all the burial sites, sections of the two inland-- heading trails, the existing part of the Marnalahoa Trail, the 2 religious stndctures, and 2 excellent examples of permanent house sites. One multi-acre piece of land will preserve many of these sites wIld-L a small landscape as a historic preserve. Most of these sites will be preserved with the intent of public interpretation, Our office's larger goals for interpretive preservation in northern Kona supports 'interpretation linked to the Kaloko-Honokohau ahupua'a settlement patterns - with the park lands and the sites in this and other private-parcels as an interpretive package. We believe that the Kaloko-Honokohau National historic Park staff should have input on the interpretive planning and perhaps might be able to help in site management, 1 169 historic sites (as itemized in Table 22 of the report) stili contain significant information on the past and merit archaeological data recovery prior to their destruction. Again, when the data recovery plan is prepared, please coordinate with the Kaloko-Honokohau National Historic Park staff as well as our office on major research questions meriting study and the possibility of archiving archaeological materials (food remains, broken tools, soil samples, etc,) at Kaloko-Honokobau. Note- The proposed burial treatments (preservation,) will need to be submitted to the Hawaii Island Burial Council for vote (if this has not already been done). Please contact our Burials Pro r. Ka'iana Marked (587-0008), for infbrmation that the Council will need and to be placed on their agenda. Last, clearly there is the concern that developments inland of the National I-fisto-ric Park could pollute the groundwater and adversely affect the significant historic sites in the park (such as fishponds). When the development applications are submitted to the County permitting agencies, these impacts will need to be addressed and acceptable mitigation measures developed, These again are the major concerns raised by the Park Service and Mr. Roy. And they have recently Been. raised for a Land Use Commission petition fbr a new phase of the Kaloko Industrial Park. We agree that these are important concerns. I The next steps in the historic preservation review process wilt be the preparation of the detailed preservation plan and the data recovery plan. These can be attached as conditions to approved devetopment, permits, with the typical clause that our office needs to approve these plans and needs to verify in writing to the County that they are acceptably executed - prior to any land alteration, If you have any questions, please feel ftee to contact our office, Ross Cordy, our. Branch Chief fbr .kc° aeclogy (692-81025), or Pat 'ck McCoy, our Hawaii Island Archaeolo �ist (692-.8029) are our contacts for this project Aloha, LY, GILBERT COLO'NLA-AGARAIN Stare UsToric Preservation Officer RC:am.k c. David Roy, Na Kokua Kalak-o-Honokohau [78-6822 Kuakini I-Eghway, Kailua Kana M, 3674 J' Stan Bond, Kaloko-Honokohau National Historic Park Planning Dept,, County of Hawaii lames Greenwell, Lanihau Properties [fax 732-2788] Ka'iana Markeil, DL NR Burials Program INTERIM ARCHAEOLOGICAL,PRESERVATION PLAN ITS THE AHUPUA'A OF HONOKOIIAU I AND II North Kona, Hawaii (7-5-08;05, 13,30&36) International Archaeological Research Institute,Inc. Januwy 2003 Attach en 3 Interim Presen ation°Ian January 21063 1?vTERPRETIti E SATE C(}IIPLEX '1 he mauLs-inakai trail (Site 18099) intersects the MAmalahoa Trail near the petroglyph Site 18081 set aside for preservation (Fig. 10). This clustering lends itself to the formation of a preservation complex,which is proposed as one focus for interpretation. The inland extension of trail Site 18099 passes two sites that are functionally related to the trail,a habitation complex(Site 18098) and an uhu(18100). Site 18098 is prescatly categorized as roquiring data recovery and Site 18100 as requiring no further work (see Appendix A), but it is recommended that these be placed in the preservation category and included as part of the interpretive complex tied together by a portion of trail Site 18099(Table 3), forming a second focus. The SHPD draft HAIL (613-277-4) require details (such as a buffer zone) for each preservation site. In the present case, because the non-burial preservation sites in the project area form a complex, the complex--rattler than individual sites—is treated as the presenation unit for which planning details(including buffer zone)are provided. Table 3. Sitss in the Proposed Interpretive Complex. Site 1)cscrir tion° _ Fll"e tin Cav Ii te orecouantendation 00002 Mi rnalahota'rrail,kerbstone,vanablc Trai(� Preservation Preserved section as shown condition _ 18081 Petro lv hs Sv.vbolic Preservation — 18099 Trail,rnauka makai,variable condition Trail Preservation Preserved sacdon as shown, — including one bisection _ 18098 Temace witb low wall,and raved area I Hahitadon. Data recovery Chsrrt;e catriory to presc.vation crrttaacnt 18100 Anu Mrukec No fiuthcr work Chan c catcgory totescrY2tl tiff 3 18188 Lava tube I Habitation, Data recovery* Excovaton:or data recovery and \� ` permanent int active infurnation l 8189 Habitation, Data recovery* Exceeatiuu:or aura recovery and crtnauent islcrpretivc iufonuadoa 'see discussion of these siu:t in the uiwrpretive planning section,below. _ STI"i;DESCRIPTIONS AhT3 ROLE IN INTERPRETIVE.CONfPLEX DEVELOPMENT The following are the descriptions of each site in the interpretive complex, including proposed soctions of each site to be preserved and the general contribution of the site to the interproti�c complex. The Interpretive Plan,below,pro-ides more detail on site contributions. site 00002 Site 00002. the Macualahoa Trail, originally crossed the southwestern edge of the project area. The inventory survey report describes it as "a straight, cobble-lined pathway...3.2 m (10.5 ft) wide...and discontin.!uus"(Robins et al. 2000:11:1). It was not mapped during the survey,but current field inspection indicates that the southern section is badly deteriorated and that tate northern section was destroyed, apparently during the widening of the Ka'ahumanu Highway after the inventory survey(see Walsh and Hammatt 1995). Further, the original continuation of the trail to the south of the project ,areas has also been destroyed by modern development (Boat Park Road and a Chevron 14 station). Thus only an intact portion of the site will be recorded in detail,preserved,and included in the interpretation(see Fig, 10).' 1 Site 18081 Site 16081 is a set of petroglyphs on the nearly vertical sides of two pahochoe outcrops. The 1 petrogl,phs were not completely drawn during the inventory survey (src Robins et al. 2000:I11:1), JField inspection indicated that one of the figures is a "square head" forth that is found in the coastal Kaloko-fionok6hau area (cf. Stasack and Stasa,�k 2001'13-11), as well a, upland it ffonokohau (Robins et at. 2000:11:203), and thus provides an element to consider in the interpretation relating to the overall ahuPua`a. The petroglyphs will be recorded,preserved,and included in the interpretation. "There are also newly identified petroglyphs in the area that will be. recorded and included in the interpretation(see Site 18099,below). Site 18098 Siw 18098 is a set of two features associated with the mauka-rnakai trail Site 18099. One feature is a paved area and the other is an enclosure (Robins et al. 2000:11.20). During the inventory survey the site was sket.cbed and tested. The. site,presently categorized for data recovery,is recommended for preservation rather than data recovery, to be included as part of the interpretive complex. It will be recorded to provide the details necessary for interpretation and long-Lenn preservation., but no additional excavation will be conducted untie; thy: ditto recovery or preservation plans except for completion of excavation of a hearth that was tested during the inventory survey. Site 18099 Si.e 18099 is a kerbstone trail that runs rnauka-makai. As do cribui in the inventory.s rvey (Rohins 2000:II:23), it runs "intermittently across the central portion" of the survey area (that is, the l,t�*,�nt projcct area, as shown in F+t 8). Two trail seodons connecting 18099 with upland areas "are i.o longer intact.—sine: r it_her were. oh.cn,ed" (Robins et al. 2000:1:86). Further, "it is usualiv characterized by a pebble pavement bound by parallel cobble and boulder alignments...[«ith] an average width of 3.3 m"(Robins ct al.200(1:11:23). It was not mapped in detail during the survey, but current field inspection indicates that it t- in vt iable condition, with extensive bulldozing along the northern side(see Figs. 7 and 8). It is proposed to preserve the section of the trail that ties together two site complexes,that is, the makni complex (the Mfunalahoa trail, Site 00002; a set of petroglyphs, Site-18101; and newly identified petroglyphs, see below)and the mauka complex(a habitation site, 18098,and an ahu, Site 18I00). Further, Site 18099 originally crossed the Mamalahoa Trail and extended into the area that is now Kaloko-Honokohau National Historical Park. The makai complex thus affords the opportunity to make an interpretive connection with the park Na Ala fide ha,, :ndicaate d that it has no interest in this t^ail(sec Ct,nsr ltation,below). 15 i lr?terim Preservation Plan As shown in Figure 10,an intact section of=the trail will be recorded in detail,preserved(with "y one possible road corridor bisection),and included in the interpretation, Site 18100 Sire 18100 is an ahu that "likely served as a marker for Site 18099 trail" (Robins et at. 2000:11:23). The site is categorized as requiring no further work, but it is recommended for preservation as part of the interpretive complex because of its association with the trail. Site 18188 Site 18188 is a habitation cave with a disturbed cultural deposit (Robins et at. 2000.II:131). It is categorized as a data recovery site, and data recovery excavation will be conducted that will provide information for use in development of the interpretive complex. Site 18189 Site 18189 is a set of three small habitation terraces (Robins ct al. 2000:11:134)• it is categorized as a data recovery site, and data recovery,excavation wi11 be conducted that will provide i i-Formatioo for use Ln developrncnt of the interpretive complex. Newly Identified Petroglyphs Recent field inspection indicates that there are previously unrecorded petroglyphs on the pahoehoe flats near the junction of the mauka-makai trail (Site 18099) and the Manralahoa trail. These petroglyphs fall witUri the proposed interpretive complex and will be recorded,preserved, and included in ffie interpretation. BIJFFF.R ZONFs The buffers for the interpretive complex are shown in Figure 10. but in any case shall be a minimum of 40.Feet from the edge of any feature. Per HAA §13-277-5 (c): "Buffer zones shall be marked on overall project maps,and physical markers shall be placed on the grotuid delimiting the buffers." Specific actions are described under Short-Terra Protection Measures. SHORT-TERM PROTECTION MhAsu s 1. As part of the planning process (and before any land-altering activities), all corners of the interpretive complex (that is, the buffer boundary :is agreed upon with the SHPD)will be identified'by an archaeologist in the field. These corners are tentatively shown in Figure 10 as points cohere the boundary turns. 16 Background: 1114T RPRETWE COMPLEX concept road and lot layout (buffer line;mauka end at planned Road C) Road G M ,e ,.o 0 9d AM _ --- 1D.Upper focus: ,. i.4 Aim Upper segment of trail site 18099 Am o Acs. 1.5 ACIL ts n" .$Am a.d Ap. ,.e acs. 11.Central foG11£>; ' f.aAm Sites 18098, .18100,and central segment of trail site 18099 f a 4-0 Am. A _. ROAD`8' 1.Lower focus: Sites 18081, 18188, 1818,9.a section of 2.7 �-- Mdmalahoa Trail(00002), lower segment of trail site 18099, and newly identified petroglyphs Trail 18099 l imalahos Trail EMRPRETNE COMPLEX (buffer line:makni end at Ka°ahumanu Hwy) Figure 10. luterpretive sits complex, with proposed buffer (shown as the complex boundary) and proposed alterations. Note that the Dml buffer will depend on agreement by SHPD as to bui`Pe3r width, and on final detailed mapping of the location of each preservation site within the complex. vl-HP Interim Preservation Plan 1ARII - Janu2003 h L010A Uh41LE 10M00 LM01MRJ1111WX AMLOW �aorcaaw�w �atwarre�pc► wwsaor.�r OM DAMON d �� oEPlttrtVHGi01S-yYAtER WAtWA TMM 4tL STATE O HAWAII cx�uwauat tw, " � Cd1 RttTMA1VMAVALtAMX DEPARTMEWT OF LAND AND KATURAL RESOURCES c AmN ✓�oc�+r�rt HISTORIC PRESERVATION DIVISION +wra csr+��sv� �+ordH+ KAKUHIHE-NA 81JWNGs ROOM 555 xAre�auvuE snLr�Kxr 601 KAME`11EtLA BOULEVARD S7ArarAAAJ� August 12,2003 KAMLEI,HAWAII W707 J. Stephen Athea`ns,Ph..D. MRH 2081 Young Street LOG NO:2003.1503 Honolulu,Hawaii 96825 DOC NO: 0308F716 Dear Dr. Athens: SI.TBMCT; Chapter 611-42 Historic Preservation Review-Submittal of Interim Arckaeolovial Preservation Plan for an Area in the AhuptWa of Honolaohaau I and AKenn District,Viand of Hawaii{Previoudy TK: 7-4-8:13 [Portion)and 30 Undergoing ikao} "i r 0 Tbyou for your response dated Ja wary 14,2003 to our early comments for revisions to the pr at on plan for Nihau Parbior„Htanokohau I&11, You prided a revised,boot n Amhaeokgka1PrgwrvWon Pimfor Lara Ama in LW AhWwa of EonaWhm I a ndf Kara Distrk,4 Mand of Hawdl(T'nw! Ba- 7-4-8.13[Pmiim]and 30 , going R ij'on), Tuggle&Tuggle, Tataaa i y 2003, on la mmq 14 2003. The revised plan adequately addresses our earlier comments and we will glace the revised interim plan in our library when it will be available for publ o uses. Should you have,any questions,please feel free to call Pant McCoy at 692.8029. Aloha, P.Holly McEldowney, Acting Administrator State Historic Preservation Diviskan EJ:aak Att chment 4� r. NA ALA HELE HaNvai`i Trail &.Access Systan July 14, 2006 j Ref: H06;33 Honokohau 1St TO; Curt Cottrell, Program Manager FROM: Doris Moana Rowland, abstracter AlrK qq I SUBJECT: Disposition of Trails through Tax Map Key: 7-4-8-13 and 30 being land situate at Honokohau 1 rt and Honokohau 2""owned by Lanlhau Partners Research has been completed In response to a request for Information regarding any trails that may pass through the West Hawaii Business Park{WHBP) that was formerly known as the Katoko-Honokohau Business Park, The`WVHBP is situate within two ahupuaa known as Honokohau let(Honokohau Nul—parcel 13) and Honokohau 2""(Honokohau illi.-parcel 30). Early maps disclose two trails that passed through the subject lands;the Mamalahoa trail (also known as the"King's Highway") and a rnauka-rnakal trail that began In Kaldko rnauka and terminated at the Almakapaa fishpond. Records disclose the government released Its Interest In portions of both trails that passed through the '+1WHBP. This memorandum will explain how the goverment released its Interest in the trails. THE MAMMUOA IRAIL also k vin as the,, 's dlgbw ' The Mamala.hoa Trail Is a rugged lava roam buift between 1836 and 1866 and is still visible throughout many areas of North Kona, This trail rare parallel to the coastline and was one of the main government roads. Today sections of the trail have been covered over by the present Queen Kaahumanu Highway, In 1968 the State of Hawaii determined portions of the trail that crossed the subject lands were abandoned and no longer required for road purposes. The State sold those sections to Lanlhau Corporation In 1973 pursuant to Section 171-62, Hawaii Revised Statutes. ttachment 5� 1 pWon or Forestry&witdttte + [hep,of Land&Natural R"ources • list Pumbboivi Street,Room 224 * HonoMu.Hawd 96813 HMO HonokoNu t"and 2m THE MAUKA-MAKAI TRAM A government map prepared in 1888 delineated a mauka-makai trail through the subject lands, however due to a lack of detail and the scale of the map it Is not possible to determine the exact location of the trail on current maps, This is the only map found that delineates a trail running in a mauka-makai direction from Kaloko mauka to the Almakapaa Fishpond in Honokohau lot. An archaeological Inventory survey completed In 2001 for Lanlhau Properties Identified remnants of the mauka-makal trail as a kerbstone trail that runs intermittently across the central portion of the project, . . Upon discovery of the trail remnants, representatives of LanihaLf Properties contacted Rodney Oshlro for his comments. Rodney's reply Indicated that since the State sold sections of the Mamalahoa trail, Na Ala Hele was not Interested In the mauka-makal remnants, A copy of Rodney's reply Is attached for your refe ren ce. CONCLUSION The mauka-makai trail qualifies as being subject to the Highways Act of 1892, and therefore ellgible to be clalmed by the State. However, in 2001 Mr. Oshlro determined that the trail did not serve a Na Ala Hele programmatic purpose, or had [!near recreation or access value. This was due to the fact that the government had previously relinquished Its interest In the Mamalahoa Trail that this feature had once connected to. Nonetheless, those remnants and other sites have been stated for preservation and will be included as part of an interpretive complex, According to Julle Taomia of the Kona Branch of the State Historic Preservation division, the preservation plan has been reviewed and approved, o:Irving Kawashlma,NAH Bob mlyasata,Development-Strategies s James . Greonwell J. From: James S.Greenwell sgreenwell@lanihau.net] Seat: Monday, July 24,2006 5:40 PM To; Curt Cottrell(curt@dofaw.net) Cc; Bob Mlyasato(Bob@ds-hawaii.com) Subject: Na Ata hide Determination of Non-Interest in Trails in 7-4-08,13 and 30 AttAchmen# , Na Ala Hein July 14-061-tr.pdf Aloha Curt, t I appreciate Your having teat Bob Miyasato a copy of the attached memo dated July 14,2006 from Coria Moana Rowland to yoi1.»d upon the conclusions drawn in that memo,we will proceed as previously planned with the development of our ptoject on subject TIVIKs 7.4-08.13 and 30. Sliee[ficsIly on parol 13,this will include the preservation of a representative section of both the Marnaiahoa Trail and the mauka-makai#call wrthin a Trail{reservation Corridor as already apptovedd by Sl;PD.It also includes our continuing our current quarrying operation to the soutimiyr and of the existing MG zoned area as conbamplatad under our zoning application. Thank you for Na Ala.Heals assistance to researching and clarifying the appropriate disposition of these trails so that we can move forward with our plans, Regards, Jimmy No virus fthd in this mtgaing memp. Checked by AVG Five Bdihm V i '7.1.3941 Vines base:268.10.4/396-Releme Dees.7/24/2006 a k 3 s i i Attachment 6 8/17120116 - FINAL The Honok6hau Historic Frail: An Archaeological preservation Flan for a Complex of Sites in the Ahupua`a of Honok6hau I and II, o' na District., Island of I Ia:wai`i (TMK 7-4-08: 13, 30, 74, 76, 77, 78, AND D 79; FORMERLY TMK 7-4-08;13 AND 7-4-08:30) Prepared by. I� David Tuggle NU Tomonari-Tugkle Prepared for; West Hcnwii Business Park. ILC ;34,65 1 'aialae Avenue, Suite 260 Honolulu, Sawai`l 068j6 SEPrF4leER 2008 Attchraent 7 Im=a lPreservation vation Man September 2008 ffbnok6hau I and 11, Kona District, Island of Havvai'i (Previously TMK 7-4-8.-13 [portion] and X Undergoing Revision)(Tuggle and Tomonari-Tuggle,20031)). The January 2003 report was accepted as the Interim Preservation Plan by S14PD (letter of August 12, 2003, from P. Holly MeEldowney, Acting Administrator, SHPD to J. Stephen Athens, IARII, Log, No. 2003,1501, Doe. No. 030SE-JI6), The SHPD-accepted Interim Preservation Platt includes: • the sites to be preserved (Sites 00002-portion [Mfimalahoa Trail], 18081, 18098, 18099- portion, 18100, 18188,and 18189)(Fig. 3;Appendix A,Category 'P") • the site interpretive preservation treatment • the site protective buffers • interim preservation plans 0 general long-term preservation plans * specification for completion of a final interpretive plan. The present draft Final Archaeological Pi-eservalion Plan is a revision and update of the Inlerim Preset-vation Plan (per specifications in Tuggle and Tornonari-Tuggle 2003b.18). The changes include, * incorporation of new archaeological information. After the Interim Archamlogical Preservation Plan was accepted by SHPD,data collection was conducted at Some of the sites in the preservation area, information from this work has been incorporated into the present plan. This work was reported in Tuggle(2004), which was approved by SHPD in 2004,a final version of this report was subsequently submitted as Tuggle(200,6). * details of hang-term preservation and interpretation(the Final interpretive plan) * updating of revisions of various details reflecting change of trail conditions,as rioted in text, The preparers of the preservation plan specify that they meet the professional requirements required in MAR§13-x:'88-3. Completion of Historic Prtservation Review Process The acceptance of this Final Preservation Plan and completion of appropriate actions of the plan are believed to constitute the final steps of the historic preservation and mitigation process for WHBR as identified under HAR§+3=275-9 and 10, and request to this effect will be initiated at the appropriate time 4 Final Presen,ation Plan September 2008 The entrance to the Site 18188 cave is a collapsed section of blister roof', it has one small main chamber with usable floor space of about 15 sq in, However, this is not a comfortable living area: headroom is limited,there is no air flow,and cracks in the cave roof allow water to drip through when it rains, The cave had a cultural deposit, but most of it has been destroyed by hooters, presumably scarching for fishhooks and adzes, There are two backdirt piles outside the cave and others on the floor of the cave. Fxcavation for the mitigation plan identified a section of intact deposit (ca 6 to 10 cm thick), indicating that there had been a dense, but shallow midden with a few pre-contact artifacts. Site 18189 was mapped and test excavated as part of the mitigation plan research. It is a complicated set of ten contiguous features built on the edge of a sinall depression in the pahoehoe. This is in effect a single architectural unit created by filling in cracks in the pahochoe, building low retaining walls, and paving to form level areas. The excavations indicated that thew were single phase construction and that the activity associated with them was limited. A small amount of midden and a few pre-contact artifacts were located(Appendix C-2), The location appears to be a short-term activity area, probably serving as a way-point along the 19th century trail. However, there is no evidence from the set of features that they were used in associated with the adjacent trail. There are no post-contact artifacts or other evidence of 19th/early 20th century use,and the two radiocarbon dates obtained from charcoal in the cave are consistent with a pre-contact occupation (Appendix C-2). The conclusion is that the activity in this area was associated with the intersection of the two nearby trails (18099, wauka-makai trail, and 00002, Mamalahoa Trail) before they were historically modified from pre-contact trails to 19th/early 20th century horse trails. Given the proximity of the petroglyphs of Site 18081, it is probable that they are associated with the activity area,marking it as an important pre-contact trail junction, SITE CLUSTERS (LOWER,MIDDLE,AND UPPER) jI The focus of the preservation complex Is the Honokohau Historic TWI.Associated with the trail are a number of sites that are pan of the preserved area and are grouped into clusters for management and interpretive purposes(see Table I and Fig.3). The Lower Cluster consists of Sites OM2, 18081, 18188,and 18189. The Middle Cluster consists of Sites 18098 and 18100. The Upper Cluster is the inauka end of the Honok6hau Historic Trail and includes features of data recovery Site 181.12 that are all within the preservation buffer zone. ADJACENTS11TES (NOT PART OF THE HONOK6HAu HISTOR]c TRAIL COMPLEX) At the mauka end of the trail are two burial sites(181 16 and 18117)that are protected within an area that is designated as the Cultural Preservation Area(see Fig.3), Within this protected area are some segments of data recovery Site 18112(Tuggle 2006), 13 Final Preservation Plan September 2009 • As indicated under long-term protection measures(see below),the permanent markers will be left in place, and the edge of the buffer zone will also be marked by landscaping and bordering elements(w above). SHORT-TERM(INTERIn PROTECTION MEASURES Per HAR §13-277-3(3) and §13-277-5, short-term interim protection measures will be implemented to protect the preservation sites and buffer zones during construction activities. The interim orotection measures(as approved by SHPD, letter of August 12,2003)are the following: As part of the planning process(and before any land-altering activities take place),all corners of the interpretive complex(that is,the buffer boundary as agreed upon with the SHPD)will be identified by an archaeologist in the field. This action has been,completed. The comers will be marked in a durable manner(,e.g.,metal stakes in concrete)and reeorded by OPS and/or by professional land survey. This action has been completed. For the short-term, these points will also be marked with white PVC pipes (or similar material). These marked points will be maintained in a visible fashion until interpretive development is completed,so that there will be no inadvertent intrusions into the preservation area. The location of these points will be placed on development maps and any future specific project maps. These marked points will be used to define the boundary for the interpretive development of the complex, If land-altering activities in the vicinity are to take place before interpretive development, fencing will be placed around the complex using the marked buffer points to define the boundary. Construction project managers will be notified. In addition, prior to any land- altering activities in the vicinity,the SHPD will be notified that fencing has been installed and will be asked to make a site visit to verify Haat the interim fencing iscorrrvtly in place. Per SHPD agreement in the approval of the Werim Preservaiion Plqn, a portion of the jnai4a-makai trail can be breached for the construction of Kanalani Street,and when this is planned, consultation with SHPD will be carried out regarding preparation of a data recovery plan for section of the trail to be breached. LONG-TERM PRESERVATION MEASURES Per HAR §13-277-3(5)and;13-2'77-6,and standards for historic preservation established by the Secretary of the Interior (Appendix E), the following section describes long-term preservation measures for the Honok6hau Historic Trail, 15 Final Preservation Plan ,September 2009 CONSULTATION Per HAR §13-277-3(4)and 13-277-5, the following measures have been and will be taken to ensure that consultation has occurred. Consultation concerning sites in the project area was carried out in various phases of this general WHBP project (archaeological inventory, burial treatment planning, interim preservation phase,and trail interpretive planning),with the following resulm • Correspondence with various native Hawaiian organizations(including 014A)concerning the inventory survey produced no specific concerns for any of the archaeological sites in the project area (Cultural Surveys Hawaii letter of August 8,2001; SHPD letter of August 28, 2001), • The Na Ala Hele Statewide Trails and Access Program was consulted regarding the trail rornponenats, and the response indicated that it has no interest in the Nlftalahoa Trail (Na Ala Hele letter of June 7, 2001, SHPD letter of August 28, 2001) and no interest in the niouka-mokai trail(Site 180+4)(Na Ala Hele letter of July 14,2006). • Various cultural consultants were interviewed as pari of an oral history project for the project area; interviews indicate that the consultants "concurred with the preservation of sites with—sections of the old ntauka-makai trail,and other sites as recommended as a result of [inventory]fieldwork"(Maly 200 .iv). • During the preparation of a burial treatment plan for the WHBP project area,the interpretive trail complex was included on the maps of the burial areas,9 and the general interpretive plan was discussed with the recognized cultural descendants, who informally indicated that this plan was consistent with their concern for preservation of sections ofthe trail(as indicated in the interviews notes above,in Maly 2000). • A copy of the present draft Final of rhe Honok6hav Hisloric Trail was submitted to Hawaiian cultural descendants(identified in the burial treatment process) in April 2008 (via Mr, Isaac Harp,a cultural descendant and a cultural coordinator for the WHBP project),with a request for review and comment. One of the cultural descendants is also the Kona representative of OHA,and thus the review copy was intended for local OHA representative review as well as descendant review. No comments have been received in either oral or written form 'From any cultural descendant or from descendants representing, any Hawaiian organizations. However, contact will be maintained with the cultural descendants, through the cultural coordinator,during implementation ofthe trail plan. • Staff archaeologists at Kaloko-Honokitthau National Historical Park were consulted regarding trail components and the response indicated no interest in the portion of the MAmaishos Trail in the WHBP area (SHPD letter of August 28, 2001), However,there has been additional discussion and contact regarding the interpretive trail complex. (1)discussion was carried out in 2002 with then staff archaeologist Dr. Stanley Bond during preparation_of the hoerlm, Preservation Photo and he indicated his support for the general proposal to develop the interpretive trail cGmplex, subsequently, another archaeologist (Dr. Richard Boston) has taken the staff position held by Dr. Bond,and informal contact was continued. (2)A copy of the draft Final of rhe Honok5lwu Histo4c nwi/ was formally provided to Ka)oko- Honok6hau National Historical Park for comit-rient on April 28, 2008, but no response has There are no burials in the historic trail preservation area.but there are hurials preserved in place in adjacent areas (w addressed in the approved Burial Treatment Plan), 18 lattrtc� t (>1�ttutc:cl) 93 ■ ' Upper Cluster P It Mauka-makai trail (Site 1w9g) (O},,( K.may( AU 'FRAIL (huf'fer. reel ling) �a Edge of c Y . Middle C'Iwster Sites 19098 and 19100 f xt1 r Uiwer Cluster Sites 18081, 1 1 i3, 18189, and 0002 Section) � k TN ktlt} loot Figure 3, Sites in the Ht}11t k6bau Historic Trail preservation complex. The reel lime marks the SIP-approved 40 foot buffer. WBBP Final Preservation Plan 43 I - Sept. 2008 WHBP HONOKIIIAO 110NDKTHAL! N�r' iK1 Historic Sites rnd Burial Sites ti' 4!J 1-131 SITES .,,Jif �18127 Presnw•xtlon (w/o burial! t 2 40A 7 Dow i i cm ort, PRESERVATION AREAS 116 1n11) I 1>a1 IYN7 xe ?Iilil.' 4 DW4.1 IIro %. .IM14 31 A A sit*, INO)i 419111 IN + Lsasp N101 U9 H* mitt'4 I Hot;4 6.16186 W NY I I tinjl.':Jvc'lit)hubilm itll i jabil,'mou,peuitianent,open ILINI:1114m,pernialwill,cive Figure 10. Distribution of all arch�ieological sites in the protect area. identified by flinction and mitigation treatment category. All sites are pre-contact, or have a pre-contact cornponent. except for the cattle walls. 50 Final Preservation IARTI - an e ten e X008 Preservation BOUnclary 18189 TN Terraces � s 4 sR 18188 cogs 1809,9 Trail 18181 P"OglYphs t, r'1 0002 10,5 alat)0o Trail Figure i1, Lower Cluster of thnOrrnkvlr a Historic Trail Preservation cvrrtplex. 51 is �J Ftt'7¢f91ktU6t1 d4 �=n x"e d RAr H'Lit! rat +'k.l Al _ t _.2 t .EGliiE6M3Rt.GY Zj- i'mq'Y;t tLk I li _. STATS.OF 11A�§'!%A11 OF DEPART'iIPIM',17 OF LAND ANTI t44`A1"[TRAL.RESOURCES v t t.:�scr xs ifer�a e r Fk}_:,Tfu:7 R•.irx,,IirE3f�R..7.C'E3fCrlt 5'f r1S E.MS'000 P#U--1;V tVA'I ION DIVISION Cilli K AMOKILA 13OULE YARD,WOM 55S September 3, CGS ec.�POUA,HAWAII 9e�rrla 7 ? x�aLr'pilp:x J.Stephen Athens,Ph.D. LOG NO: 2008,2897 International Archaeological Research Institute, Inc. DOC NO: 0809TD30 2081 Young Street Archaeology Honolulu,IV 96826-2231 Lear Dr.Athens: SUBJECT: Chapter 6E42 historic preservation Review of an Archaeological Preservation Plan For Seven Sites within the West HaFval"t Business Park Honokohau 1"and 2"Ahupua`a,North Kona District,Island of Hawal`i TIVIK._(317-4-08. 13,3Q,24,76,,_7'7 78 and 79 Thank you for submitting, for review the draft final preservation plats entitled Tdre Honakohau historic Trail.-An Ar-chaeological Preservation Plan fw'a Complex of`&les in lite Ahupua a of Honokohan I&Il, Dana District,Island of Hawaii(711M 7-4-08; 13,30, 74, 746, 77, 78 and 79,fornierly TjVX 7-4-08: 13 and 7-4-08, 30), H.D, Tuggle and MJ. Tuggle 2008. We apologize for the delay in responding to this submittal,which was received in ow-Hilo office July 18 200$. The plait details interpretive preservation for seven sites,including a portion of the,Mamalaboa Trail(Site 002), the H000kohiu Historic Trail(Site 18099),pet.ruglyphs (Site 18081),an enclosure(Site 18098),a trail marker mound(Site 18100),a cave(Site 18188)and a terrace codex(Site 18189). All elements listed in ffAR 13-279 for acceptable log-term preservation are addressed in the plan,These elerrrents include descriptions of sites to be preserved, penitancat buffer zones, maintenance, signage, consultation,access and ownershiplmanagement. We find that all of these elements have been adequately addressed,and that the accompanying maps and graphics are excellent. Wc would like to acknowledge bulleted itc a 6 on page 1$ of the plan, which States that if land-altering activities take ;place in the vicinity prior to interpretive development, fencing will be placed along the marked buffer zoite, and SHPD will be notified and asked to made a site visit to verily that the interim fencing is correctly in place. We would also like to be notified in the event that the interpretive development is completed prior to land alteration. The plata is accepted as final with no revisions requested,Please submit one hard copy of the plait,clearly marked as"final",along with a copy of this acceptance letter and a digital copy(.pdt)of the plan on a CD to the 4polei officer if you have any questions or cornments,please contact There&i Donharn at (808) 841-2979. Aloha, Nancy McMahon,Deputy SHPO/State Archaeologist and Historic Preservation Matlager State Historic Preservation Division Attachmr 11t , COUNTY OF HAWAF1 STATE OF HAWAII ILL NO. 200 ORDINANCE NO. 1-8 110� (DRAFT 2) AN ORDINANCE AMENDING ORDINANCE NO. 04 110 WHICH RECLASSIFIED LANDS FROM OPEN(0)TO INDUSTRIAL-COMMERCIAL MIXED (MCX-20) AND GENERAL INDUSTRIAL(MG-la)AT HONOKOHAU 11T AND 2ND,NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-4-008:013 & 030. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 2 of Ordinance No. 04 110 is amended as follows: "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. A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant shall comply with all conditions of approval of the State Land Use Commission's Decision and Order(Docket No. A00-730)dated September 26,2003. Planning Dept'. Exhibit---!— C. -,the appliean�shall s4fflit the antieipated maximum daily water-usage ealettlati - - feeenHnended by a r-egistefed engineer-, and a watef eenffnitment Eleposit in aeeer-danee with the"Walef Commitment Guidelines Pahey"to the DepaftfflefA, of Ala ef Supply YY ithin ninety days fiem the effeetive date e this or-dinanee.] The applicant successors or assigns shall maintain valid water commitments to support the proposed development until such time that the required water facilities charges are paid in full. Moreover,the applicant, successors or assigns shall construct the necessary water system improvements as required by the agreements between Lanihau Properties, other parties and the Water Board, D. The subject area shall be zoned in multiple increments: I The first increment shall consist of Parcel 2 (MG zoned area) and Parcel 3 (9.9- acre MCX zoned area) whose zoning [sha4l be] was effective upon adoption of [this efdinan Ordinance No. 04 110 on October 12, 2004. 2. Zoning increments within Parcel 1 (186.7-acre MCX zoned area) shall be identified by the applicant as part of future subdivision applications. The effective date of these future zoning increments shall be upon completion of construction or acceptance of financial assurance thereof,by bond or other means,meeting with the approval of the Planning Director, whichever occurs first, for the portion of road improvements as shown on the approved circulation plan within each increment. The incremental zoning boundaries shall be identified on the subdivision maps and shall be along the portions of the roads proposed to be improved and shall not include large lots, as described in Section 23-28, Chapter 23, Hawai'i County Code, or any remainder lot that is designated by the applicant on its subdivision plans. -2- E. Prior to construction on the proposed lots,the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts,to adjacent properties in accordance with the requirements of[PI—afl-ming DepaAment's Ri No. 17 (Landseaping Requirements)]the Landscaping Master Plan approved by the Planning Department on December 1, 2009 and/or any approved amendments thereto. F. An over-all landseaping master-plan, includkig a minimum 50 feet wide landseapin buffer-along the pfepefty's frontage on Queen Ka�� Highway sha4l be submitte to and appfeved by the Planning Depai4ment prior-to the isstianee of Final-Plan appr-eval- for-any developmefA,-A,ithin Lots 1 and 3. The Landseaping Master-Plan shall r-efieet t pfoposed landseaping eeneept depieted ift Figure 4 4g of the petitioner's Fi E-Hvifonmental NApaet StatefnefAi dated April 2003 afld shall inelttde,but not neeessai4l) limited to, plant species list, idenlifieation of view corrider-s ffem within and outside of the pr-ejeet area and maintenanee pr-ogrem-.4 The applicant, successors or assigns shall implement landscaping_improvements as required by the Landscaping Master Plan approved by the Planning Department on December 1, 2009 and/or any approved amendments thereto. The required landscaping improvements shall be installed in conjunction with the development of immediate surrounding areas. G. An updated Traffic Impact Analysis Report(TIAR) certified by a licensed engineer shall be submitted for review and approval to the Planning Director [and] in consultation with the Department of Public Works and the State Department of Transportation, if warranted by a significant change in circumstances or if required by the Department of Public Works during the design and review of construction plans for future road segments. Iffiref to r-eeeipt of Final Stibdivision A-ppreval. TheTIAR shall be updated to inelude the -3- SetAh Aeeess Read and Henek6hatt Stfeet. The revised Th�.R shall also evalume impaets to the Kamantt Street and Kealakehe Parkway ] The improvements identified in the updated TIAR shall be provided in an appropriate design year or phased in with the needed right-of-way provided. Mitigation measures called for in the revised TZAR that are reasonably related to [the] project impacts shall be implemented [meeting] in a mariner that meets with the approval of the Planning Director in consultation with the Department of Public Works and the State Department of Transportation." H. [ Ka'ahumantt Highway sha4l bee eanstfueted meeting with all the fe"ir-ements and appreval of the State DepaAment e Tr-anspe t4a4ien] Access to Parcel 1 from Queen Ka`ahumanu Highway shall be limited to the North Access Road and [, after^ nstr etio„ of the Na4ie„„4 Park Sefyiee4„„;h (Seu4 ^eeess Read)] the South Access Road signalized intersection [� to the Nat Park Serviee�Laaihau(South Aeeess Read)inter-seetion and to the Nei4h Aeeess Read L ] under such terms and conditions required by the Department of Transportation. 1. [Prior-to the gr-anting of Ten�afive Subdivision Approval for-a*y lot v�4thin the subjee e the applicant shay' prepafe a ] The applicant, successors or assigns shall implement the approved overall Roadway Circulation Plan submitted as Figure 2 with the November 2017 TIAR.showing the major road corridors within the project area. [for-review aria 1f] Driveways within the North and South Access Roads between Queen Ka`ahumanu Highway and Kanalani Street shall meet with the approval of the Department of Public Works in consultation with the State Department of Transportation. J. Prior to the issuance of a Certificate of Occupancy of any structure within the project area, except as provided in Conditions K,L and M below, Kamanu Street Extension shall be constructed and available for use across the entire project area. The applicant shall -4- construct Kamanu Street extending from the north property boundary to the south property boundary meeting with the approval of the Department of Public Works. At its sole discretion,the applicant may construct Kamanu Street Extension in stages, the first of which shall consist of preliminary vehicular access(hereinafter defined as road improvements constructed to non-dedicable standards)meeting with the safety and design requirements of the Department of Public Works, suitable for through-vehicular travel. Construction of the first stage shall be completed prior to the [issiia-aee of County's issuance of a Certificate of Occupancy for any portion of the subject property, except as provided herein. The second stage shall consist of upgrading the preliminary vehicular access to dedicable standards including curbs, gutters and sidewalks, meeting with the approval of the Department of Public Works,which shall be constructed in conjunction with Final Subdivision Approval for any lands along the roadway improvements constructed in the first stage, excluding large lots or remainder lots. In the event that Kamanu Street is constructed with County or other government funding or financing,the applicant shall dedicate the Kamanu Street right-of-way to the County at no cost, and the Kamanu Street improvements shall be improved to County dedicable standards, including curb, gutter and sidewalks,prior to the issuance of a Certificate of Occupancy within the subject property, except as provided in Conditions K, L and M herein. In this event,prior to the granting of Final Subdivision approval for lots fronting Kamanu Street, other than bulk or remainder lots, the applicant shall reimburse or otherwise contribute to the appropriate agency for the cost of construction. Provided that reimbursement shall occur within five years of completion of construction, or if reimbursement is by way of the applicant taking over bond payments, such repayment shall begin within four years of completion of construction. Reimbursement of the cost of construction of Kamanu Street shall not include any costs in excess of those necessary for a County-dedicable road serving the project area only. K. [Prief to the issuanee ef a Ceftifieate of Oeeupaaey fef impr-ovements w4him approximately 10 aefe pef:tiea of Par-eel 1 aleffg Kanalaf±i Street Extension between th -5- nefth pr-epefty boundavy afld Nof4h Aeeess Read,Kanalani Stfeet Extension ffem the north pfepeft�,betifidafy to the Nefth Aecess Read and the eenstfuetieft of impfevemea4s -within the Nai4h Aeeess Rea&Queen Kaahumanu Highway inter-seetieft end No#h Aeeess Read, as provided in the TIAR, shall be eempleted to County dedi stand] Prior to the issuance of a Certificate of Occupancy for development within an approximately 48.4-acre portion of parcel I (Initial Project Area, as indicated in Exhibit 3a of the November 22, 2017 amendment application),the applicant, successors or assigns shall construct the following roadway improvements to County dedicable standards: the Kanalani Street Extension from the north property boundary to the South Access Road, and the North and South Access Roads between Queen Ka'ahumanu Highway and the Kanalani Street Extension. L. Prior to the issuance of a Certificate of Occupancy for improvements within Parcel 2 other than for uses or improvements permitted or allowed as part of the on-going quarry and related activities, Kamanu Street Extension shall be constructed and available for use across the entire project area as provided in Condition J above. M. Prior to the issuance of a Certificate of Occupancy within Parcel 3,the applicant shall improve the north side of Honokahau Street, meeting with the approval of the Department of Public Works. N. Street lights, traffic signals and applicable traffic control devices shall be installed as required by the Department of Public Works as warranted pursuant to the Manual on Uniform Traffic Control Devices. O. In order to address and mitigate potential impacts from non-point source pollutants, the applicant shall participate with the County of Hawaii in a pilot storm drainage program for roadways within the Kaloko-Honok6hau region. This pilot program may potentially include other developments within the County and apply to all other government and -6- private developments. The applicant shall participate by constructing all roadways within the proposed industrial-commercial park to County dedicable standards with paved swales. The drainage system within the road rights-of-way shall, if required by the County of Hawaii, include storm drain filtration devices which meet with the approval of the Department of Public Works,in consultation with the National Park Service, and the applicable permitting requirements of the Underground Injection Control (UIC) of the Federal Safe Drinking Water Action and the National Pollutant Discharge Elimination System of the Federal Clean Water Act. The roadway and related improvements covered herein shall be considered eligible for dedication to the County of Hawaii. P. An Emergency Response Plan shall be submitted to the Civil Defense Agency for review and approval prior to the issuance of a Certificate of Occupancy. Q. An Afehaeolegieal Pr-esen,atiea and Burial Treatment Plan shall be submiaed fef the feview and appr-evai of the Planning Dir-eeter, in eensultation v4th the DepaAffient e Land and Nalufal Resetifees State Histerie Pr-esefvation Division(DL-NR SHPD). Proposed mitigation tfeatment fef the btifial sites Arithin the subj eet pfepefty shall be appr-eved by the S14PD's 14awai'i island Bu" Getineil befefe detailed mitigation plan afe finalized fef these sites.A eepy of the appy-eved Final Arehaeolegieal Preservatie and BufW T-featment Plan shall be stibmitted to the Plawning Direetef-for-its files prior-te submitting pians fer-Final Plan Appfaval, Final Subdivision review of prior-t issuaffee of any lan4 alter-ation pefmit, whiehever-eafnes first.] The applicant, successors or assigns shall fully comply with the provisions stipulated in the Department of Land and Natural Resources-State Historic Preservation Division(DLNR-SHPD)approved Archaeological Preservation Plan and Burial Treatment Plan. R. Should any unidentified sites or-femains sueh as ai4ifaets, she!!,bone, or-ehar-eeal deposits,human btifials,r-aek or-eeral aligpiients,pm,ings or-walls be eneounter-ed, wed.E. in the immediate area shall eease and the Depaftmeal of Land and Natiafa4 Reseufees -7- ,,,,,a 4iat suffieietA mitigation n, s have 1,e 1—kea] In the unlikely event that surface or subsurface historic resources, including human skeletal remains, structural remains e.g. rock walls,terraces,platforms, etc.), cultural deposits,marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work, cease work in the immediate vicinity of the find,protect the find from additional disturbance and contact the State Historic Preservation Division at(808) 933- 7651. S. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented,the applicant shall comply with the requirements of Chapter 11,Article 1, Hawaii County Code,relating to Affordable Housing Policy. T. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. U. Comply with all other applicable laws,rules,regulations and requirements of other affected agencies. V. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the enactment of[the] this amended ordinance. The report shall include,but not be limited to,the status of the development and the extent to which the conditions of approval are being satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Director, acknowledges that further reports are not required. -8- W. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1 The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance(i.e., a condition to be performed within one year may be extended for up to one additional year). X. Should any of the conditions not be met or substantially complied with in a timely fashion,the Planning Director may initiate rezoning of the area to its original or more appropriate designation. SECTION 2. Material to be repealed is bracketed and stricken. New material is underscored. 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. -9- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Kona ,Hawaii Date of Introduction: November 2,. 2018 Date of 1 st Reading: November 2, 2018 Date of 2nd Reading: ' November 20, 2018 Effective Date: December 5, 2018 REFERENCE Comm. 1098.2 -10- RS T.5 1 RS.7.5 A- I.__ - -- -- - ) A- a Y` RS�fO a I A-5a RM-3 RS-TO ' lmattaw lela RS-13 OPEN j 1 - - i A-Sa i ( 1jla ` ,St. A-la I i _ :� r II A-5a A-50 #-" ,,A,5a + i A-5a d --- ------- -- td?'�� A 5a PARCEL II2 I " I OPEN(0)TO ENERALlNOUSTRIAL MG-1 A-&a f 85.733 ACS. _ pFEN A-5a !' I RS.7.5 - OQ�N \ OPEN 9 - F A-5a .. ._ ' 't 1310,52,x.3$N PEN 322,3 3. t E OPEN I OPEN PARCEL13 I "HA4}IAII PLANE COORDJNATE Q- OPEN(0) O 1 GRIDS STEMZONEI" Ai Safvy ; + � WDUi STRIAL-C CME CIAL MCX-fa MIXED Y •20 !~ :, ., k 1'ly:(•,:i; - 9.9011 r ML laIL OPEN OPEN IML-la ;;;,:°:�=o=;;;°r'..�n;=�':�•`,. ..t:. � u .y'd l:t+d`.v>r. 'r:+•rn�y y.t,•e. 1 ",; .i i e I. MCX-fa ML-fa ML-Ta ',,;i QUe l\ OPEN �rt::i�la�y'`•�t.:i,.;7`Guc}� 7=::'=I:J4'1iSS'y3j" \�: OPEN i' rad- r _["_. N..��;:�;:Kas�,�.a .;:.�;���,�!; •.,•� � ��� i !--- — 5�rv,;r ;;:y�,:in+c:r?:i`•i4..-r i`x j "off-- j � Y do ;^'-_x'm»ti F``•fi'''•car.=c.� W OPEN i 306,466.91 N c ueen�a OPEN I 321,393.14E 0 "NAWAIJ PLANE CORD ATEI 1 GRID SYSTEMZO E i" 310,073.83 N -- OPENI 320.034.85.E =;' .,... OPEN "HAl+FVgf LA NECI?ORDJNATE ,,,d*0,St'STEM ONE V Nonokohau OPEN f \ \RS-10j Bay t ; .RS-10, i / \ ,Rg 3I OPEN 1 ARCEL 1 \/OPENOPEN(0)TO I OPEN RS-10 v-1.251 INDUSTRIAL-COMMERCIAL I MIXES -24) t . R-M-3 ;! cv-10 186.733 ACS. 2,540 1,250 0 2.500 5,000 7,500 10,000 12.500 Feei AMENDMENT TCS THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (0) TO INDUSTRIAL-COMMERCIAL MIXED (MCX-20) AND GENERAL INDUSTRIAL (MG-1 a) AT HONOKOHAU 1st, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 7-4-8:Por. 13&30 Date:June 7,2004 EXHIBIT "A" FOR REFERENCE ONLY (West Hawaii Business Park,LLC:1127) OFFICE OF THE COUNTY CLERK COUNTY CLERK County of Hawaii COUNTY OF HAWAH Kona Hawaii(Draft 2) 2018 NEC -6 AM 9- 00 Introduced By: Karen Eoff (B/R) ROLL CALL VOTE Date Introduced: November 2, 2018 AYES NOES ABS EX First Reading: November 2, 2018 Chung X Published: November 10, 2018 David X Eoff X REAL4RKS.- Kanuha X Lee Loy X O'Hara X Poindexter X Richards X Ruggles X Second Reading: November 20, 2018 6 0 3 0 To Mayor: November 29, 2018 Returned: — Der-ember 6, 2018 ROLL CALL VOTE Effective: — Der-ember 5, 2018 AYES NOES ABS EX Published: _ ppcember 19, 201,q Chung X David X REMARKS: Eoff X Kanuha Lee Loy X O'Hara X Poindexter X Richards X Ruggles X I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. COUN CHAIRPERSON rove this �TM day q D&P— ipey' Py V, f 0 20 CTTYCLERK Bill No,: 200 (Draft 2) MAYOR, COUNTYOFHAWAI'lReference: C-1098 .2/PC-75 Ord No.: is 11 Hawafi Tram 6 Access System July 14, 2021 Ref: H06:03 TO: Jackson Bauer FROM: D. Moana Rowland, Abstractor SUBJECT: Disposition of the Honokohau mauka-makai trail situate within the Honokohau Historic Trail Preservation Complex designated as Tax Map Key: 7-4-08- 078 at Honokohau 1st, North Kona, Island and County of Hawaii On July 14, 2006, 1 wrote a memo to former Na Ala Hele Program Manager Curt Cottrell regarding the disposition of portions of the Mamalahoa Trail and the Honokohau mauka- makai trail. A full copy of this memo is attached for your reference. In this memo I made statements that led others to infer the government no longer had an interest in the Honokohau mauka-makai trail. This letter serves to restate and clarify the disposition of the Honokohau mauka-makai trail. The second paragraph of my 2006 memo states: Records disclose the government released its interest in portions of both trails that passed through the WHBP. This memorandum will explain how the govemment released its interest in the trails. I based this statement on the opinion written by Rodney Oshiro, the former Trails Specialist for the island of Hawaii, on June 19, 2001, in which he wrote to William L. Moore regarding the Mamalahoa Trail: Na Ala Hele is primarily interested in public trails and roads. Since remnants of the Mamalahoa Trail were sold to Lanihau Corporation, we have no further interest in the respective sections of the trail. Planning Dept, Exhibit 4 Division of Forestry and Wildlife Department of land and Natural Resources 1151 Punchbowl,Suite 325,Honolulu,HI 96813 The statements made by me and Mr. Oshiro do not and cannot in any way release or relinquish the government's ownership in the Honokohau mauka-makai trail. No one person or staff member has the authority to divest the government of its interest in the trail. This historic trail is owned in fee simple by the State of Hawaii through its Board of Land and Natural Resources pursuant to Hawaii Revised Statutes Chapter 264 which states in part: (b) all trails, and other non-vehicular rights-of-way in the State declared to be public rights-of-way by the highways act of 1892, or opened, laid out, or built by the government or otherwise created or vested as nonvehicular public rights-of- way at any time thereafter, or in the future, are declared to be public trails. A public trail is under the jurisdiction of the state board of land and natural resources unless it was created or dedicated to a particular county, in which case it shall be under the jurisdiction of that county. While the ownership of the trail is defined in Chapter 264, any sale of a public trail is made pursuant to Section 171-52, Hawaii Revised Statutes. It was this section of law that allowed Lanihau Corporation to purchase remnants of the Mamalahoa Trail by way of a Land Patent Grant issued by the State of Hawaii through its Board of .and and Natural Resources. The second page of the 2006 memo under the heading The Mauka-Makai Trail I state: A government map prepared in 1888 delineated a mauka-makai trail through the subject lands, however due to a lack of detail and the scale of the map it is not possible to determine the exact location of the trail on current maps. This is the only map found that delineates a trail running in a mauka-makai direction from Kaloko mauka to the Aimakapaa Fishpond in Honokohau 1st. An archaeological inventory survey completed in 2001 for Lanihau Properties identified remnants of the mauka-makai trail as a kerbstone trail that runs intermittently across the central portion of the project. The location of the Honokohau mauka-makai trail is no longer in doubt. Since the archaeological survey was done 62001, other surveys done in 2003 and 2008 have been able to definitively identify the alignment of the Honokohau mauka makai trail. In recognition of its historic and cultural value, this feature was recommended for preservation within what is now known as the Honokohau Historic Trail preservation complex. The last paragraph of my 2006 memo under the heading Conclusion I wrote: The mauka-makai trail qualifies as being subject to the Highways Act of 1892, and therefore eligible to be claimed by the State. However, in 2001 Mr. Oshiro determined that the trail did not serve. a Na Ala Hele programmatic purpose, or had linear recreation or access value. This was due to the fact that the government had previously relinquished its interest in the Mamalahoa Trail that this feature connected to. Nonetheless, those remnants and other sites have been slated for preservation and will be included as part of an interpretive complex. According to Julie Taomia of the Kona Branch of the State Historic Preservation Division, the preservation plan has been reviewed and approved. It should be noted that Mr.Oshiro's comments were relating to the trail's Na Ala Hele programmatic purposes (i.e recreational hiking trails) of the Wmalahoa Trail, and did not address government ownership. The government continues to own the mauka-makai trail, as was concluded in this 2006 memo, Records fail to disclose any surrender of ownership of the mauka-makai trail by the government as prescribed by law. DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: September 7, 2021 TO: Zendo Kern, Planning Director FROM: Department of Public Works, Engineering Divisio�/ SUBJECT: AMENDMENT TO CHANGE OF ZONE ORD. NO. 18-115(REZ 1049) Applicant: West Hawaii Business Park, LLC Request: Amendment to Condition J (Delete Language Related to Alternative Financing and Phasing of the Construction of Kamanu Street Extension and Adding Reference to Conditions N and 0 as Exceptions to the Requirement), Add New Condition N (Roadway/Driveway Requirements Related to Development of Parcel 78), and Add New Condition 0 (Ownership Transfer and Development of Parcel 90) TMK: 7-4-008:013, 030, 074, 076-078, 084, 085& 099-100 We have reviewed the subject request forwarded by your memo dated August 5,2021 and provide the following: Condition J: We have no objection to: • Allowing the issuance of a Certificate of Occupancy for TMK 7-4-008:077 with the newly proposed Condition N, • Eliminating the phased construction approach for Kamanu Street, and • Constructing the remainder of Kamanu Street (less section identified in proposed Condition N and 0) to a dedicable standard to include but not limited to curbs, gutters, and sidewalks prior to the issuance of Certificate of Occupancy of any structure within the project area minus TMK 7-4-008:077. Condition N: We have no objection to the newly proposed Condition N. Condition 0: We have no objection to the newly proposed Condition N. Questions may be referred to Robyn Matsumoto at 961-8924. Planning Dept. Exhibit 5 County of Hawaii is an Equal Opportunity Provider and Employer Mitchell D,Roth Mayor Rarnzi I.Mansour Director Lee E.Lord Managing Director Brenda D.lokepa-Moses D8puty Director County of Hawail DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kek0an5o'a Street,Suite 41-Hilo,Hawai'i 96720 Ph:(808)961-8083*Fax:(808)961-8086 Email: cohdem@hawaiicounty.gov MEMORANDUM TO, Zendo Kern,Director Planning Department FROM. Ramzi 1. Mansour, Director 6kk A�v�' Department of Environmental Management DATE: September 24, 2021 SUBJECT: Amendment to Change of Zone Ordinance No. 18-115 (REZ 1049) Applicant: West Hawaii Business Park,LLC Request: Amendment to Condition J(Delete Language Related to Alternative Financing and Phasing of the Construction of Kamanu Street Extension and Adding Reference to Conditions N and 0 as Exceptions to the Requirement), Add New Condition N(Roadway/Driveway Requirements Related to Development of Parcel 78), and Add New Condition 0 (Ownership Transfer and Development of Parcel 90) Tax Map Key: (3) 7-4-008: 013, 030, 074, 076- 078, 084, 085 & 094-100 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. Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. Ample and equal room should be provided for rubbish and recycling. 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. Other: Planning Dept. County of Hawai'i is an Equal Opportunity Provider and Employer Exhibit 6 Ramzi 1. Mansour, Director September 24, 2021 Page 2 The Wastewater Division has reviewed the subject.application and offers the following comments and/or recommendations (contact the Wastewater Division for details): No comments. Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawai'i County Code. Require Council Resolution to approve sewer extension in accordance with Section 21- 26.1 1-26.1 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(is 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. Proposed activity may be subject to existing or future federal, state,or county regulation under Title 40 CFR 403.5,prohibiting discharge of certain pollutants into publicly owned treatment works..Contact the Hawaii Department of Health for information regarding pretreatment standards. Applicant shall follow Department of Health regulations. (X) Other: Applicant intends to install dry sewer lines and will connect to County sewer system once it becomes accessible. Mph V DAVID Y.IGE Or N'ro VIRGINIA PRESSLER,M.D. DIRECTOR OF HEALTH GOVERNOR OF HAWAII STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO,HAWAII 96721-0916 MEMORANDUM 0 DATE: February 23,2018 TO: Mr.Michael Yee Planning Director,County of Hawaii FROM: Eric Honda Cr>r\3 District EnviroLental Health Program Chief SUBJECT: Amendment to Change of Zone Ordinance No. 04-110(REZ 1049) Applicant: West Hawaii Business Park LLC Request: Amendment to Condition K to Enlarge the Acreage Allowed to be Development Prior to the Completion Of the Kamanu Street Extension from 10 Acres to 48.4 Acres and Changes to the Location/Extent of Roadway Improvements of Ordinance No .04-110 TMK: 7-4-008:013,030,074, 076-078 inclusive, 084& 085 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 January 23,2018. The CWB has reviewed the limited information contained in the subject document and offers the following comments: 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 State 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: 116977 Planning Depts. Exhibit 7 r -}`' Michael Yee February 23,2018 Page 2 of 4 - Requires a federal permit,license,certificate,approval,registration,or Statutory exemption;and - 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). 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:ht!ps:Heha-cloud.doh,haAaii.gov/evermit/. Please see HAIZ,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://health.hawaii.gov/cNvb/. 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. Michael Yee February 23,2018 Page 3 of 4 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://eha-cloud.doh.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 NOL The NOI is available on the e-Permitting Portal website located at: littt)s://elia-cloud.doh.hawaii.gov/epermit/. 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://health.hawaii.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:NN-ww.hawaii.-gov/doh/pollutedrunoffcontrol. Michael Yee February 23,2018 Page 4 of 4 If you have any questions,please contact Ms.Joanne Seto, Supervisor of the Engineering Section, CWB,at(808)586-4309. 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 conditions 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: h Itp:Hlia,,vaii.gov/health/environmental/env-planning/landu e/landuse.btml. 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. DAVID Y.IGE . F H ELIZABETH A.CHAR,M.D. GOVERNOR OF HAWAII �i:'a 959 y DIRECTOR OF HEALTH f '+ i STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO,HAWAII 96721-0916 MEMORANDUM DATE: August 18, 2021 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Amendment to Change of Zone Ordinance No. 18-115 (REZ 1049) Applicant: West Hawaii Business Park, LLC Request: Amendment to Condition J, Add New Condition N and Add New Condition O TMK: 7-4-008:013 030 074 076-078 084 085 &090-100 This office has no additional comments to those made previously. Reference is made to February 23, 2018 letter to the Planning Director. Planning Dept. Exhibit 7 DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell Y. Tsuji Ref: Amendment to Change of Zone Ordinance 18-115(REZ 1049) Conditions Location: Honokohau I and 2,North Kona, Island of Hawaii TNIK(s): (3)7-4-008: 013, 030, 074,076-078, 084, 085, & 090-100 Applicant: County of Hawaii on behalf of West Hawaii Business Park LLC 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. a 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: �7 ARTY S. rHANG, CHIEF ENGINEER Date: Aug 10,2021 Planning Dept. Exhibit 8 DAVID Y.IGE � a;� JADE T.BUTAY GOVERNOR DIRECTOR } Deputy Directors LYNN A.S.ARAKI-REGAN DEREK J.CHOW ROSS M.HIGASHI EDWIN H.SNIFFEN STATE OF HAWAII IN REPLY REFER TO: DEPARTMENT OF TRANSPORTATION DIR 0773 869 PUNCHBOWL STREET STP 8.3246 HONOLULU, HAWAII 96813-5097 August 27, 2021 VIA EMAIL: planning@hawaiicounty.gov hawaiicounty.gov Mr. Zendo Kern Planning Director County of Hawaii Planning Department East Hawaii Office 101 Pauahi Street, Suite 3 Hilo,Hawaii 96720 Attention: Christian Kay Dear Mr. Kern: Subject: Amendment to Change of Zone Ordinance No. 18-115 (REZ 1049) West Hawaii Business Park, LLC (WHBP LLC) Honokohau I and 2,North Kona, Hawaii Island Tax Map Key (TMK): (3) 7-4-008: 013, 030, 074, 076-078, 084, 085 &90-100 Thank you for the memorandum dated August 5, 2021 requesting the State of Hawaii Department of Transportation's (HDOT)review and comments on the proposed amendment application. HDOT understands that WHBP LLC through its Managing Member, Lanihau Properties, LLC, is requesting to amend Condition J of Ordinance 18-115 and add new conditions"N" and"O"to allow for phased construction of the Kamanu Street Extension. HDOT has the following comments: Airports Division (HDOT-A) The West Hawaii Business Park is approximately 3.4 miles from the end of Runway 35 at Ellison Onizuka Kona International Airport at Keahole. All projects within 5 miles from Hawaii State airports are advised to read the Technical Assistance Memorandum (TAM)for guidance with development and activities that may require further review and permits. The TAM can be viewed at this link: http://files.hawaii.gov/dbedt/op/docs/TAM-FAA-DOT-Airports_08-01- 2016.pdf- Highways Division(HDOT-HWY) 1. The HDOT reviewed and accepted the 2017 Traffic Impact Report(TIR) in a comment Planning Dept. letter(STP 8.2386, April 10,2018) on the previous request for amendment. Exhibit Mr. Zendo Kern STP 8.3246 August 27, 2021 Page 2 2. The HDOT reviewed the June 2018 Supplemental Traffic Assessment(TA) that assessed the potential for queuing at the two WHBP intersections with Queen Kaahumanu Highway and assessed a range of Phase I land use intensities greater than the 2017 TIR assumption of 20 percent(%)Floor Area Ratio. 3. The HDOT concurs with the Wilson Okamoto Corporation's July 12, 2021 letter in the application, affirming the findings, conclusions, and recommendations of the November 2017 TIR and the June 2018 Supplemental TA continue to be valid and no additional traffic studies are required to support the proposed amendment. 4. The HDOT comment letter(STP 8.2386,April 10, 2018) stated the Roadway Circulation Plan (Figure 2 of the 2017 TIR)met the requirements of Condition I. Implementation of the Roadway Circulation Plan is pending. 5. The proposed amendments and related roadway improvements are consistent with the Overall Circulation Plan. The phasing and timing of the development will coincide with roadway improvements. Therefore, the proposed amendments would have no significant direct impact to State highways. 6. The LUC Docket Number A00-730 Condition 6a, as follows, is relevant to State highways: "The Petitioner shall contribute its fair share and reasonable pro-rata funding and construction of regional transportation improvements and programs for the Petition area to the satisfaction of the HDOT." There has been no action on this Condition. We recommend the Petitioner initiate discussions with HDOT-HWY to discuss compliance with this condition, in consideration of financial commitments that are specified in the conditions for Ordinance Number 18-115. If there are any questions,please contact Mr. Blayne Nikaido of the HDOT Statewide Transportation Planning Office at(808) 831-7979 or via email at blayiie.h.nikaido@hawaii.gov. Sincerely JADE T. BUTAY Director of Transportation WILLIAM L 1V MORE I''LANNINC, INC. 159 HALM STREET 11tt,tt, 14ANpQ;tttjj 96721) (80808-7-7336 �� wtrnoor•ofc"outh-wk.coni October I5. 2021 /e»do Kern, Dircclor Count} Plannin<x Department 101 Pauahi Street. Suits 3 f ilo, l lawaii 9672(}-3043' Dear Director Kern: Subiect: Amendment to Chan e of/one Ordinance No, 18-115 (R,FZ 101 9) West Hawaii Business Park, LI-C Honokohau Iand?, North Kona, Hawaii Island `I'ak Map Ked. (7'MK): (3) 7-4-008: 013, 030, 0171, 0176-078, 084, 085 & 9()-100 This is to acknowledge receipt of a copy oi`the memorandum dated September 7, 2021 from the I lau aii County Department of Public Works, Engineering Division regarding West Hawaii Business Park I_LC's (WI-1BP) proposed amendment to Ordinance No. 18-1 1.5 by arnending Condition J and adding proposed new Conditions N and 0. WHBP appreciates DPW's`s confirmation that it has no objections to the proposed amendment to Condition J and the proposed ne),v Conditions 0 and N. Should you have any questions concerning this matter,. please do not hesitate to call me at (808) 987-7336. Sincerely, t4 William L. Moore President Xc: Riley Smith, WFIBIII/Lanihau Properties Robyn l Iatsurnoto DPW Engineering Division Planning pep►, Exhibit 10 WILLI.am L. MOORE? PLANNING, INC:. 159 HALAI stat FA' I11t,tr,E4ANN Ott 96720 {8()8)98--7336 �r`l�t�oorc'iz%o€it ook com October 15, 20 1 Zendo Kern. Director County of I hman Plannin- Det),irtraaCtat 10 1 P acaalii Street, Suite Hilo, Hawaii 96720-3043 Dear Director Kern: Sul ect: Amendment to Ch,,inge of Zone Ordinance No. 18-115 (RKI3 tl 9) Fest 1-lawaii Business Park, LLC Honokohau I=12, Forth Kona,Hawaii Island TaX Map Key (TMK}: (3) 7-4-008: 0113, 030, 074, 076-178, 084, 085 & 90-tOO This is to acknowledge receipt of a copy of the memorandum dated august 19,2021 from the State Department of Iic:alth's District environmental Health Programa Chiel' regarding West Hawaii Business Park LLC's tWHBP)proposed amendment to Ordinance No. 18-115 ba amending Condition .1 and adding proposed new Conditions N and 0. This memorandum referenced its previous comments dated February 23, 2011 S regarding a prior amendment request from WHBP that the proposed development would need to cornpl, with the applicable DOH requirements. Fest Hawaii Business Park LI-C, its successors or assigns, will ensure that all development activities are in compliance with the required DOT l requirements. In this.regard. CC&Rs as well as a Pollution Prevention Plan has been adopted ler the development area which requires all development activities to be in compliance with applicable laws and regulations. Should you have any questions c-oncer-ning this matter,please do not hesitate to call me at (808) 987-7336. Sincerely., William L. Moore President c: Riley Smith., W11BP1Lanihau Properties Eric Honda,Chief, DOT District Environmental Health Prograin Planning Dept. WILLIAm L. MOORF PLANNING, INC. 159 11ALA1 S'J REL I- 1]ii,o,HA'vNA11 96720 (808)987-7336 whnoore4uptiflook.com October 1 -){}-"1 /elicit) Kern. Director Count% Of I kl,Naii DOW-01101t 101 Pauahi Stfe4!, Suite Hilo. Hawaii 96720-3043 Dear Director Kern: Subject: Amendment to Change of/one Ordinance No. 18-115 West Flawail. Business Park. U.0 Honokohau I and2, North Kona, Hawaii Island Tax Map Key JMK): (3) 7-4-008: 013, 030, 074, 076-078, 084, 085 & 90-100 This is to acknowledge receipt.of a copy of the letter dated September 7, 2021 from the State of Hawaii Department of Land and Natural Resources (DLNR) regardirl, Westf-lawaii Business Park L LLUs(WHBP) proposed amendment to Ordinance No. 18-115 by amending Condition J and adding, proposed new Conditions N and 0. This is letter included comments troth the DLNR Enoincerinc, Division regarding the National C z:1 Flood Insurance Prograrn (NFIP) requirements within high risk areas. The West Haovaii Business Park is Situated inauka(cast) of Queen Kaahurnanu Highway and is 1: I over one-halUmile from the shoreline. Furthermore, there are no drainageways or water courses situated within the project area. Accordingly, the DLNR Flood Hazard Assessment., the entire Project area is within lone*'X" and therefore the NFIP requirements within high risk- areas do not apply to the development area. Should you have any questions concerning this matter, please do not hesitate to call me at(808) 987-7336 Sincerely, William L. Moore President X c.- Riley Smith, WIMP/Lanihau Properties Carty S. Chang, Chief Engineer, DLNR Engineering Division Planning Dept. Exhibit 12 WILLI,' m L. MoolizE PLANNING, INC. 159 IIALhl STREEIT HIE...(), H:ttN'vEt 96720 (808)987-7330 }i i nl oo l'c:tl io tJ ttoo ki.co[fir Octoh T- i 7" 2021 /.endo Kern, Director Count= of l lawaii Planning Department 101 Pauahi `street. Suite 1-lrlo. Hawaii 96720-3013 Dear Director Kern: Subject: Amendment to ('ham_,c of Zone Ordinance No. l 8-11 5 (R U Z1019) Fest Hawaii Business Park, LLC' I lonokohau land-), North trona, Hawaii Island Tax Map Key (TMK): (3) 7-4-001 : 013. 030, 074, 076-071 . 084. 085 & 90-100 This is to acknowledge receipt ol'a copy of the letter dated August 27, 2021 from the State Department of'ITransportation (DOT) regarding the West Ilawaii Business Park LLC"s(i 1413P) proposed amendment to Ordinance No. 18-115 by amending Condition J and adding proposed new Conditions N and O. With respect to the comments provided by the Airports Division, WARP, its successor or assigns, wil l comply with all applicable Federal Aviation Admin'stnwion fFAA) re luir �rtent lregulatic rt:. Information on the FAA requirements will be provided to future developers within the West Hawaii Business Park. The following are the responses to the comments provided by the DO I' llighvvays Division. Comment 1. `Ilae HDOT reviewed and accepted the 2017`l raftic. linpact Report (TIR) in a comment letter(STP8.2386, April 10. 2018)on the previous request for amendment, liesponse: WHBP appreciates DOT's confirmation that 2017 TIR has been reviewed and accepted. Comment 2 and 3. The I-IDOT reviewed the .Tune 20185 Supplemental Traffic Assessment (TA) that assessed the potential for queuing at the. two WHBP intersections with Queen Kaahurnanu Highway and assessed a range of Phrase 1 land use intensities greater than the 20 17 TIS assumption of 20 percent (%) Floor Area Ratio. Planning tet. Exhibit 13 Planning Director t)ctoher IS, 20-11 Page No2 File 111)0,1 concurs Evith t1ie Wilson OUrnoto Corporati€rn'sJuly 12_ 2021 letter in the application. al'iirn1i11�r tale findings, concl r ions, and recommendations ol'the Noxernber '017 I W and tlhe Junc 2018 .+Upplenhental FA continue to he k alid and no additional trallic studies are required to support tike proposed, kill hendmen1. Response: \.Vl HIP appreciates DOT's confirmation that it affirms the lindinos. conclusions and recommendations oFthe 2()t8 Supplemental Traffic Assessment and that no additional traffic studies are required for the proposed amendment, Comment 4. The IMOT comment Ietter(STP 8.2386. April 10, 2018) stated the Roadway C,irctilation Plan (Fio ure 2 ofthe 201 7 TIR) met the requirements of Condition I. Imple entaton of the roadway Circulation Plan is pending. Response: WHBP is continuing to implement the approved West 1-IaNvaii Business Park Circulation Plan as it builds out the industrial proiect. Comment 5. The proposed amendments and related roadway improvements are, consistent with the Overall Circulation Plan. The phasing and timing of the development will coincide with roadway improvements. Tlheref'ore,the proposed amendments would have no significant direct impact to State highways. Response: W_,Fl13P appreciates DOT's confirmation that proposed project and related improvements are consistent with the approved Circulation flan and the development will have no significant impact to State highways. Comment 6, I'he LUC Docket Number AOO-730 Condition 6a, as:Follows, is relevant to State highways: "Tile Petitioner shall contribute its fair share and reasonable pro-rata Funding and constriction of regional transportation improvements and programs for the Petition area to the satislaction of'the 1JD01'." There has been no action on this Condition, We recommend tile, Petitioner initiate discussions with FIDOT-HIN'Y° to discuss compliance with this condition, in consideration of financial commitments that are specified in the cothdifions for Ordinance Number 18-115. Response: Since the approval of LUC Docket No. AOO-720 in 2000, WLIBP has ackno5vledgcd that it will comply with this condition as required by, the DOT. To date, WIIBP has not received any direction or information on the establishment of'a prograrn/process that would identify the project's"fair share and reasonable pro-rata Planning, Director October 15. 2021 Page No. 3 I'indi ig ofregiomd (rads},ortat-ion inyrotemms. In rcclx)nse to this L2,ttcr. %VEIL has inUhacd dimusAms m th I JIM] regarding compliance %idi this condition. Should you have an) questions concerning this ni�ittsr, please do not hesitate to call nye at (808) 987-7336. Sincerely. ' illiarn L. Moore President Xc. Riley Smith, WHBP/Lanihau Properties Jade T. Butay, Director, State of Hawaii Department of'frartsportation Blayne Nikaido. DOT Statewide Transportation Planning Office. BWHBPLLCAmendREZ202 I.crk.11.30.21 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION WEST HAWAII BUSINESS PARK,LLC AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 18 115 (REZ 1049) Upon careful review of the request,the Planning Director recommends that a favorable recommendation of the request to amend Change of Zone Ordinance No. 18 115 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 favorable recommendation is based on the following findings: The applicant is requesting to amend Condition J(Kamanu Street construction timing) of Ordinance No. 18 115 to delete language related to alternative financing for and phasing of the construction of the Kamanu Street Extension and adding reference to two (2)new conditions (Condition N and Condition 0) as exceptions to the requirement to complete construction of Kamanu Street prior to Certificate of Occupancy (CO). The requested amendment language is as follows. Material to be deleted is bracketed and struck through; new material is underlined: J Prior to the issuance of a Certificate of Occupancy of any structure within the project area, except as provided in Conditions K, L, [and]M, X and 0, below, Kamanu Street Extension shall be constructed and available for use across the entire project area. The applicant shall construct Kamanu Street extending from the north property boundary to the south property boundary except as provided in Condition N, below, meeting with the approval of the Department of Public Works. [14 its soke d4ei-e6ei*, Me qppkeamt may eenzytpuet Kamanu Stree4 AW-ension in stages-, thefir-st of whieh shag eensist of-preliminary,vehi aeeess *i-einoer deftned as read imppevemetms eenstyue�ed to non dedie-able standards) meeting it,ith the safto,and design requii-ement-s of the Dejwwtment Publie WeF4, suitablefer thi-effgh vehieulap tpavel. Gens-ii-iietien of Aefir-s stage shall be eempletedprior to the Geunty,!s issuanee of a Gertoeate of OeempaRej,,Ar at#,peptien ef Me subjeet prepepo�, e:K-eept as pwevided hepein. The etieH with F4nal any lands oieng the , , prior to the aftilt'. The applicant further requests to amend the subject ordinance to add new Condition N(roadway/driveway requirements related to the development of TMK 7-4-008:077) and new Condition O (ownership transfer and development of TMK 7-4-008:090). The proposed condition language is as follows (please note Condition N was amended from what was represented in the application based on consultation between the Planning Department and applicant): N. Provided that there is no further subdivision of Tax Map Key (TMK): 7-4-008:077 (Parcel 77),prior to the issuance of a Certificate of Occupancy for any structure within Parcel 77, the Applicant shall construct the following roadway/access improvements: the Kamanu Street Extension from the existing pavement with TMK: 7-4-020:024 to the southern boundary of TMK: 7-4-00&078 to dedicable -2- standards; and internal access improvements with a minimum 20-foot pavement width, meeting with approval of the Department of Public Works, connecting the terminus of Kanalani Street at the northern boundaly of Tax Map Key: 7-4-008:078 to the Kamanu Street right-ol4ay. Should Parcel 77 be further subdivided, prior to issuance of Certificate of Occupancy on anv structure within the area, Kamanu Street Extension shall be constructed and available for use across the entire project area as required by Condition I and O. U pon transfer of ownership to the County ofHawai'i, development and issuance of a Certificate of Occupancy within TMK.- 7-4-008:090 shall not require any improvements pursuant to Condition J, above. In 2018,the County Council approved Ordinance No. 18 115 to exempt the development of a 48.4-acre portion of the West Hawaii Business Park(WHBP) (hereinafter initial development area)from the requirement to construct the Kamanu Street Extension through the entire rezone area between Kaloko Industrial area and Honokahau industrial area(otherwise called 'project area' in the ordinance conditions). Since then,the applicant has secured Final Subdivision Approval of the initial development area and entered into a road construction agreement with I§emoto Contracting Company, Ltd. to provide the following roadway improvements: 1)the extension of Kanalani Street between the northern boundary of the project area to the ,northern boundary of Parcel 78; and 2) construction of the portions of North Access Road (now Kaula'i1i Street) and the South Access Road (now Kimo Drive) between Kanalani Street and Queen Ka'ahumanu Highway (see Exhibit 2 of the application). Once the road sections are complete and dedicated to the County, final occupancy permits can be granted to properties within the initial development area for commercial, retail, and light industrial uses without triggering the required construction of Kamanu Street. Concurrent with this timeline,the,following prospective developments have been proposed for two (2)parcels outside of the initial development area: 1. The applicant has entered into an agreement with an interested party for the acquisition of a 31.145-acre portion of the WHBP identified as TMK 7-4-008:077 (Parcel 77)to establish a single use under single ownership. Based on this single- -3- ownership and use,the property will not require subdivision into smaller lots as initially anticipated by the applicant. Therefore,the prospective buyer would like to provide access to Parcel 77 from the Kamanu Street Extension,which will be partially constructed from its existing pavement within TMK:7-4-020:013 to the southern boundary of TMK: 7-4-008:078 (Parcel 78)to County dedicable standards, including the provision of curb, gutter, and sidewalks as required by DPW in the approved Kamanu Street construction plans. Once complete, this section of Kamanu Street will connect from the mauka end of the project,through Parcel 77 to the southern terminus of the Kanalani Street Extension currently under construction at the makai portion of the property via a 20-foot wide,private internal driveway meeting with the requirements of the County of Hawaii Department of Public Works (see Exhibit 4 of the application). This would be done in lieu of the construction and dedication of County dedicable roadways within the property, as would be required by the approved circulation plan in the case of the property being subdivided. Based on consultation with the Planning Department,the applicant amended their original proposal for Condition N to require the completion of the Kamanu Street Extension through the rezone area prior to issuance of a CO should this current proposal not be realized, and Parcel 77 be further subdivided. 2. The applicant is in the process of dedicating a 2.596-acre site, identified as TMK: 7-4-008:090 (Parcel 90), to the County for development of a regional sewer pump station (SPS)by the Department of Environmental Management. This SPS is part of the sewer infrastructure necessary to connect the existing sewer lines within Queen Ka'ahumanu Highway between Hina Lani Street and Kealakehe Parkway to the Kealakehe Wastewater Treatment Plant. The acceptance of the dedication deed is currently in process by the Hawaii County Council. As both of these parcels are situated outside of the initial development area, no occupancy permits can be issued without triggering the completion of the entire Kamanu Street Extension across the rezone area, which would be cost prohibitive for these uses. Therefore, in order to facilitate the development and occupancy of structures and uses on -4- these two (2)properties, the requested amendments to Ordinance No. 18 115 are necessary. Finally,the applicant is also requesting deletion of a section of Condition J that provides the ability to develop the Kamanu Street Extension in phases as well as providing for alternative funding options (e.g., Improvement Districts or Community Facilities Districts)for its construction. The applicant has determined that these options are not viable for the development of Kamanu Street and will instead utilize proceeds from the sale of properties within the WHBP to privately finance Kamanu Steet extension construction. If the requested amendments are approved, Condition J would still require the completion of the remainder of the Kamanu Street Extension before any further development/occupancy can occur in the remaining portions of the WHBP, including 85 acres of MCX zoned lands and 85 acres of MG zoned lands. Approval of this amendment request would not be contrary to the General Plan,Kona Community Development Plan or Zoning Code nor the original reasons for granting the Change of Zone. Prior to the 2005 General Plan(GP) update,the project area was designated Industrial and Urban Expansion on the LUPAG Map, however,the 2005 update transitioned the entire project area into the LUPAG Industrial designation and there have been no changes to the LUPAG since. The General Industrial (MG-1) and Industrial-Commercial Mixed(MCX-20)zoning is consistent with the LUPAG Industrial designation. Additionally, GP policies encourage the acquisition of sites for sewerage pump stations and require major developments to connect to existing sewer treatment facilities. The proposed amendments facilitate compliance with these policies. The Kona Community Development Plan (CDP)was adopted by Ordinance No. 08-131 on September 25, 2008, by the Hawaii County Council. The project site is situated within the Kona Urban Area(KUA) and a portion of the project area is situated within the Honokahau Village Regional Center TOD. The Kona CDP Transportation Network map identifies Kamanu Street Extension through the project site as a Major Collector Road and identifies Kanalani Street Extension through the project site as a Minor Collector Road. Construction and dedication of the proposed roadway alignments and the proposed internal driveway through Parcel 77 will support and implement the -5- Kona CDP's general objective of increasing street inter-connectivity within the Kona Urban Area. The change of zone was originally approved in 2004 to allow the development of Phase I of the West Hawai'i Business Park to include commercial, light industrial and industrial uses. The project area is situated between two existing industrial areas, Kaloko Industrial Park to the north and Honokahau Industrial area to the south. The project area includes an existing quarry and related uses and has since been developed with the Kaiser Permanente Medical Office on Parcel 3. The approval of the General Industrial and Industrial-Commercial Mixed zoning was and remains consistent with the existing uses within the project site and surrounding areas and will allow the development of a new, single use within Parcel 77 and SPS on Parcel 90 as permitted uses. Moreover,the reasons for approval of the change of zone still apply, namely, conformance to the General Plan LUPAG industrial designation and associated land use and economic policies and meeting the demand for additional, industrial zoned lands in an area that has few physical constraints to development and is adequately served by essential utilities and services. The proposed request will not unreasonably burden public agencies to provide infrastructure and utilities to the property.Access to the initial development area is currently taken from Queen Ka'ahumanu Highway via two (2) roadways, Kimo Drive (formerly known as the South Access Road), a signalized, four-legged intersection and Kaula'ili Street(formerly known as North Access Road), which is limited to right- in/right-out movements. The applicant has secured construction plan approval and entered into a road construction contract to complete the roadway segments to County dedicable standards as currently required by Condition K of the subject ordinance (the remainder of Kimo Street and Kaula'ili Street between the highway and the Kanalani Street Extension and Kanalani Street from its existing terminus in the Kaloko Light Industrial area south to Kimo Street). While not required under Condition H,the approved roadway construction plans, and road construction contract include the further extension of Kanalani Street between Kimo Street and the northern property boundary of Parcel 78. -6- Additionally, new Condition N will require the applicant to extend Kamanu Street from its existing pavement within TMK: 7-4-020:013 (please note,the applicant inadvertently identified this as TMK 7-4-020:024, thus the Director is recommending to amend the condition correcting this)to the southern boundary of Parcel 78 to County dedicable standards (which include the provision of curb, gutter, and sidewalks as required by DPW in the approved Kamanu Street Extension construction plans) and construct an internal driveway with a minimum 20-foot pavement width, meeting with approval of the Department of Public Works.According to the applicant,this driveway will provide an internal connection between Kanalani Street and Kamanu Street that will be open and accessible to the public during normal business hours of the proposed single use on the property,thus providing an alternate route between Hina Lani Street and Kealakehe Parkway. County water is available to the project site and required water system improvements for the Phase I project area are subject to various Well Site and Off-Site Improvement Agreements between the applicant and the Department and Board of Water Supply. Maintenance of water commitments remain a condition of approval. According to the State Department of Transportation,the proposed amendments and roadway improvements are consistent with the approved Roadway Circulation Plan meeting with the requirements of Condition I of the subject ordinance and would have no significant, direct impacts to State highways,thus no additional traffic,studies are required to support the proposed amendments. There are currently no County sewer lines serving the project site,however, conditions of the State Land Use Boundary Amendment(SLUBA) Docket No. A00-730 articulate requirements and limitations on enhanced individual wastewater systems in the near term and require projects in the petition area to be developed with dry sewer lines to eventually connect to the Kealakehe Wastewater Treatment Plan(WWTP)when a connection is available. The applicant has and will continue to comply with these conditions. To assist with the eventual connection of the project to the WWTP,the applicant has dedicated Parcel 90 to the County for the construction of a regional sewer pump station. -7- Solid waste will be disposed of at the County's Pu'uanahulu landfill, approximately 18 miles north of the site and the applicant will comply with their approved Solid Waste Management Plan. The proposed development is not expected to have a,significant negative impact on botanical resources, nor is it considered to be an essential habitat for any native terrestrial vertebrate species and there is no federally designated critical habitat for birds in or near the site. Condition Q of the current ordinance (to be re-lettered to Condition S if the amendments are approved)requires compliance provisions of the SHPD approved Archeological Inventory Survey, Archaeological Preservation Plan and Burial Treatment Plans that address five (5) burial sites, seven(7)non-burial sites in the project area. Those sites and associated buffers and treatment will be preserved within an interpretive preservation complex within in Parcel 78. Remnants of two (2)trails are situated within Parcel 78,the Mdmalahoa Trail (Site 00002)which runs parallel to Queen Ka'ahumanu Highway and whose interest was sold to Lanihau Partners in 1973 and the Honok6hau Historic Trail (Site 18099), which runs in a mauka-makai direction from Kaloko Mauka to the Aimakapa'a Fishpond and intermittently traverses the center of the Parcel 78 preserve as a kerbstone trail. The approved preservation plan allows for a breach of the Honok6hau Historic trail to extend Kanalani Street into Parcel 77. According to a 2006 abstract memo from the Na Ala Hele Statewide Trails and Access Program (Na Ala Hele)this trail is subject to the Highway's Act of 1892 and thus eligible to be claimed by the State. However, consultation with Na Ala Hele's trail specialist at the time indicated that since the state sold sections of the Mzimalahoa Trail to the applicant,Na Ala Hele was not interested in the mauka-makai remnants of the Honok6hau Historic Trail for programmatic purposes (e.g.,hiking trail), nor did the trail have linear recreation or access value. However, a revised abstract memo, dated July 14, 2021,was issued clarifying statements on the disposition of the trail from the first memo and confirming that while the trail remnant did not serve a Na Ala Hele program purpose at the time,the trail is still owned in fee simple by the State pursuant to the State Highway's act of 1892 and HRS 264-1(b). Thus, according to Na Ala Hele, any breach of -8- the trail would require the purchase of an easement from DLNR Land Division subject to the approval of the Board of Land and Natural Resources. Despite this claim, the applicant has been in communication with the State to determine if an alternative agreement can be reached to permit the crossing of the trail. Based on the preceding,the Director is recommending amending new Condition S to require either the previously mentioned easement or an alternative agreement prior to the breach of the trail. Condition No. 12 of LUC Docket No. A00-073 requires the installation of a solar powered siren in a central location as determined by the County of Hawaii and State Civil Defense agencies. The applicant will install the siren as required by these agencies. Lastly,this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable County, State and Federal governmental requirements in connection with the approved use,prior to and during its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits,the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act(ADA), compliance with State Health Department env ironmental/sanitation/health related regulations, drainage plan, among many others. Compliance with all applicable governmental requirements is a condition of this approval, and failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the preceding,the Planning Director recommends that a favorable recommendation be forwarded to the County Council to amend Ordinance No. 18 115. In addition,the Planning Director recommends clarifying revisions to Conditions J and K to replace `property boundary' with 'project boundary' as the previously referenced property has been subdivided, clarifying amendments to proposed Condition 0, and other non-substantive amendments to existing conditions in the ordinance to reflect current standard language for conditions of approval. The accompanying draft bill reflects these recommendations and changes. Material to be deleted is bracketed and struck-through; new material is underlined. -9- COUNTY OF HAWAII STATE OF HAWAII E pp j{♦ BILL NO. ORDINANCE NO. (Planning Dept.) AN ORDINANCE AMENDING ORDINANCE NO. 18 115 WHICH RECLASSIFIED LANDS FROM OPEN(0) TO INDUSTRIAL-COMMERCIAL MIXED (MCX-20)AND GENERAL INDUSTRIAL (MG-la) AT HONOKOHAU IST AND 2ND,NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-4-008:013 & 030. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 2 of Ordinance No. 18 115 is amended as follows: SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 19832( 016 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. INSERT CONDITIONS SECTION 3. Material to be deleted is bracketed and stricken. New material is underscored. -1- SECTION 4. 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. SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of I st Reading: Date of 2nd Reading: Effective Date: -2- CWH13PLLCAmendUZ.crk.11.1 9.21 WEST HAWAII BUSINESS PARK,LLC AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 18 115 (REZ 1049) CONDITIONS OF APPROVAL A. The applicant, successors.,or assigns(Applicant)shall be responsible for complying with all of the stated conditions of approval. B. The [appliean ]Applicant shall comply with all conditions of approval of the State Land Use Commission's Decision and Order(Docket No. A00-730) dated September 26, 2003. C. The [applieafit, sueeessefs of aRsigft7F,]Applicant shall maintain valid water commitments to support the proposed development until such time that the required water facilities charges are paid in full. Moreover,the [applieafft, sueeessefs of assigffs]Applicant shall construct the necessary water system improvements as required by the agreements between Lanihau Properties, other parties.,and the Water Board. D. The subject area shall be zoned in multiple increments: 1. The first increment shall consist of Parcel 2 (MG zoned area) and Parcel 3 (9.9- acre MCX zoned area)whose zoning was effective upon adoption of Ordinance No. 04 110 on October 12, 2004. 2. Zoning increments within Parcel I (186.7-acre MCX zoned area) shall be identified by the [applic-a�]Applicant as part of future subdivision applications. The effective date of these future zoning increments shall be upon completion of construction or acceptance of financial assurance thereof, by bond or other means, meeting with the approval of the Planning Director,whichever occurs first,for the portion of road improvements as shown on the approved circulation plan within each increment. The incremental zoning boundaries shall be identified on the subdivision maps and shall be along the portions of the roads proposed to be improved and shall not include large lots, as described in Section 23-28, Chapter 23, Hawai'i County Code, or any remainder lot that is designated by the [appy afft]Applicant on its subdivision plans. E. Prior to construction on the proposed lots,the [applioant, sueeessafs or aSSig41-5]Applicant shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code),Hawaii County Code. Plans shall identify all existing and/or proposed structures,paved driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of the Landscaping Master Plan approved by the Planning Department on December 1, 2009.,and/or any approved amendments thereto. F. The [applieat4 sue igns]Applicant shall implement landscaping improvements as required by the Landscaping Master Plan approved by the Planning Department on December 1, 2009.,and/or any approved amendments thereto. The required landscaping improvements shall be installed in conjunction with the development of immediate surrounding areas. G. An updated Traffic Impact Analysis Report (TIAR) certified by a licensed engineer shall be submitted for review and approval by the Planning Director in consultation with the Department of Public Works and the State Department of Transportation, if warranted by a significant change in circumstances or as may be required by the Department of Public Works during the design and review of construction plans for future road segments. The improvements identified in the updated TIAR shall be provided in an appropriate design year or phased in with the needed right-of-way provided. Mitigation measures called for in the revised TIAR that are reasonably related to project impacts shall be implemented in a manner that meets with the approval of the Planning Director in consultation with the Department of Public Works and the State Department of Transportation. H. Access to Parcel I from Queen Ka'ahumanu Highway shall be limited to the North Access Road and the South Access Road signalized intersection under such terms and conditions required by the Department of Transportation. I. The [applieai4 sue igns]Applicant shall implement the approved overall Roadway Circulation Plan submitted as Figure 2 with the November 2017 TIAR showing the major road corridors within the project area. Driveways within the North and South Access Roads between Queen Ka'ahumanu Highway and Kanalani Street shall meet with the approval of the Department of Public Works in consultation with the State Department of Transportation. J. Prior to the issuance of a Certificate of Occupancy of any structure within the project area, except as provided in Conditions K, L., [and] M,N, and 0, below, Kamanu Street Extension shall be constructed and available for use across the entire project area. The [applieant]Applicant shall construct Kamanu Street extending from the north [pro-pefty] ro'ect boundary to the south [property] rp oject boundary except as provided in Condition N below, meeting with the approval of the Department of Public Works. [At its sole diser-etion,the applicant may eenstruet Kama-au Street Extension in stages,the fifst stage, e�ielttding large lets or-r-em-a ifideff I ots. In the event thcA Kamanu Stfeet is > h and M hefein. in this event, graf4ing of Final Subdivi i I fef lets ffefAing Kamanu Stfeet, othef than bulk of ageney&f the east of eanstfuetion. PFevided that reimbursement shall 06ruf withifl fiVe evef bond payments, sueh fepayfnefft shall begin within fout:-years of eampletiEffi E) ent of the eest of eenstfuetien of Ka S" eet shall not K. Prior to the issuance of a Certificate of Occupancy for development within an approximately 48.4-acre portion of[pafM]Parcel I {Initial Project Area, as indicated in Exhibit 3a of the November 22, 2017 amendment application),the [applicant successors ef--as�]Applicant shall construct the following roadway improvements to County dedicable standards: the Kanalani Street Extension from the north [pfepe"] project boundary to the South Access Road; and the North and South Access Roads between Queen Ka'ahumanu Highway and the Kanalani Street Extension. L. Prior to the issuance of a Certificate of Occupancy for improvements within Parcel 2 other than for uses or improvements permitted or allowed as part of the on-going quarry and related activities, Kamanu Street Extension shall be constructed and available for use across the entire project area as provided in Condition J above. M. Prior to the issuance of a Certificate of Occupancy within Parcel 3,the [applieafA] Applicant shall improve the north side of Honok6hau Street, meeting with the approval of the Department of Public Works. N. Provided that there is no further subdivision of TMK: 7-4-008:077 (Parcel 77).prior to the issuance of a Certificate of Occupancy for any structure within Parcel 77,the Applicant shall construct the following roadway/access improvements: the Kamanu Street Extension from the existing pavement within TMK: 7-4-020:013 to the southern boundary of TMK: 7-4-008:078 to County dedicable standards; and internal access improvements with a minimum 20-foot pavement width, meeting with approval of the Department of Public Works, connecting the terminus of Kanalani Street at the northern boundary of Tax Map Key: 7-4-008:078 to the Kamanu Street right-of-way. Should Parcel 77 be further subdivided, prior to issuance of Certificate of Occupancy for any structure within the area, Kamanu Street Extension shall be constructed and available for use across the entire project area as required by Condition J. O. Upon transfer of ownership to the County of Hawaii by the Applicant, development and issuance of a Certificate of Occupancy within TMK: 7-4-008:090 shall not require any improvements to Kamanu Street pursuant to Condition J. above. [N-.] P. Street lights,traffic signals and applicable traffic control devices shall be installed as required by the Department of Public Works as warranted pursuant to the Manual on Uniform Traffic Control Devices. [0-.] Q. In order to address and mitigate potential impacts from non-point source pollutants,the [appIieM]Applicant shall participate with the County of Hawai'i in a pilot storm drainage program for roadways within the Kaloko-Honok6hau region. This pilot program may potentially include other developments within the County and apply to all other government and private developments. The [app4eartt]Applicant shall participate by constructing all roadways within the proposed industrial-commercial park to County dedicable standards with paved swales. The drainage system within the road rights-of- way shall, if required by the County of Hawaii, include storm drain filtration devices which meet with the approval of the Department of Public Works, in consultation with the National Park Service, and the applicable permitting requirements of the Underground Injection Control (UIC) of the Federal Safe Drinking Water Action and the National Pollutant Discharge Elimination System of the Federal Clean Water Act. The roadway and related improvements covered herein shall be considered eligible for dedication to the County of Hawai'i. P-. R. An Emergency Response Plan shall be submitted to the Civil Defense Agency for review and approval prior to the issuance of a Certificate of Occupancy. S. The [applieant sueeessefs or-as Applicant shall fully comply with the provisions stipulated in the Department of Land and Natural Resources-State Historic Preservation Division(DLNR-SHPD) approved Archaeological Preservation Plan and Burial Treatment Plan. Prior to crossing the Honok6hau Trail, for which the State of Hawaii has made a claim of ownership, the Applicant shall enter into an agreement with the State as to such crossing, or secure a perpetual, non-exclusive access easement from the DLNR-Land Division with approval from the State Board of Land and Natural Resources. [R-.] L In the [tialikely event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g..,rock walls,terraces, platforms, etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work,the Applicant shall cease work in the immediate vicinity of the find,protect the find from additional disturbance and contact the State Historic Preservation Division at(808) 933-7651. [8-.] U. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented,the [applicant successors or assigns]Applicant shall comply with the requirements of Chapter 11, Article 1,Hawaii County Code, relating to Affordable Housing Policy. T—.] V. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. [U-.] W. Comply with all other applicable laws, rules, regulations and requirements of other affected agencies. [VL.] X. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the enactment of this amended ordinance. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval are being satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Director, acknowledges that further reports are not required. W—. Y. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the [applieant stie iigns]Applicant, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the,General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). [X—.] Z. Should any of the conditions not be met or substantially complied with in a timely fashion,the Planning Director may initiate rezoning of the area to its original or more appropriate designation. A-5a +._- A_ a v' RS 10 A-5a RM-3 � i ''� -� Ii?lah;aw to}a ( OPEN i . RS•f5 - I A-5a A fa ' A-5a A 5a A•54 d, i A-5. I A 5a kRCEL 2 " OPEN(0)TO ENERALlNdUSTR1AL MG-1 A-Sa 3 5a 85.733 ACS. OpE A - RS-7.5 'OP��J OPEN PEN r310,52P.3$N 322,3 3.41 E ~�--� OPEN j_ op£�! PARCELj3 '1+ "HAl AII,CPLANE COORDINATE OPENI ;iz OPEN O 0 I GRIq SYSTEM ZONE 1" ;; ; . •:yii;",''•. : ' '=.j -- �, INDUSTRIAL- ME C1AL 1 MCX-la L _ ... -�- .7 ;:eai=t< <-0,""•-,�"r,':;t:=�ti k9���:�:s;: #.3'a�F``! OPEN t � , OPEN ! j r;,}.>v;.u-,..w.°�;t'i:- °i •z.4re; u .;ii';t�.;=rd .; ML 1a ;art,.: ,.°'._ g-;.k ( a 1?m MCX-1a hJL fa e< till„1,• ,fl. OPEN OPEN _- __ — — —_ Vii' _-�,{,;:r;E`:�='`y^rI1L"'•,,,;iii '' Ahl 4- OPEN I �i 306,466.81 N Quee� a OPEN 321,393.14E "NAWAN PLANE CC�ORD Alb? GRID SYSTEMZO E 1" 310,073.83 N OPEN f�1 320.034.85.iF t r OPEN "HAWAIOLANE COORDINATE /f 1 CiFi(D''•S�STEMyO1�E f” J Honokohau OPEN QRS-10 , / I 1 Say 1 y ,'RM-3' OPEN i ARCEL 1 tiIOPEN1 f OPEN(0)TO I OPEN RS-10f y.1.2511 INDUSTRIAL-COMMERCIAL _ MIXED(MCX-20) _ RM-s';' Cv 10 186.733 ACS. 2.500 1,250 0 2.500 5,000 7,500 10,000 12.500 Feet. AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (0) TO INDUSTRIAL-COMMERCIAL MIXED (MCX-20) AND GENERAL INDUSTRIAL (MG-1a) AT HONOKOHAU 1st, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 7-4-8:Por. 13&30 Date:June 7,2004 EXHIBIT "A" FOR REFERENCE ONLY (West Hawaii Business Park,LLC:1127) _ � � s �` ,, ' J'' y: D fi T. ;`� 5 �r r. 1.� e 3' .,.' nC) ����� N`• :1��.. 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