HomeMy WebLinkAboutCOM 0370.000 2002-2004 M.r o. e~ Dixie Kaetsu
I-Larry Kim ,q•.~- •.!r,,
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COUI~ITY OF HAWAII cour,~
25 Au uni Street, Room 215 Hflq Hawaii 96720-4252 808 961-82ll • Fa 3~ ~
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KONA- 75-5706 Kuakini Highway, Suite 103 Kailua-Kona, Hawaii 96740
(808)329-5226 Fax (808)326-5663
October 3, 2003
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawai `i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
State Land Use Boundary Amendment Application (SLU 03-001)
Request: Agricultural to Urban
Change of Zone Application (REZ 03-001)
Request: Agricultural (A-20a) to Limited Industrial (ML-20) and
Agricultural (A-Sa)
Applicant: Puna Sugar Mill, LLC
Tax Mau Key: 1-6-3:99
As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action are the Planning Commission's letters and enclosures
regarding the above-referenced requests.
S~ rely
arry Ktm
Mayor
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Enclosures
cc: Planning Department 3~~
~ ~ / / S / S `I I F; Comm. No.
Ref. To: 'jnn3
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Harry Kim L6i~'
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Mayor
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County of Hawaii
PLANNING COMMISSION
101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043
(808)961-8288 • Fax(808)961-8742
pCT 0 '3
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
State Land Use Boundary Amendment Application (SLU 03-001)
Request: Agricultural to Urban
Change of Zone Application (REZ 03-001)
Request: Agricultural (A-20a) to Limited Industrial (ML-20) and
Agricultural (A-Sa)
Applicant: Puna Sugar Mill, LLC
Tax Map Key~ I-6-3:99
The Planning Commission, after a duly held public hearing on September 22, 2003, voted to
recommend for your approval the proposed legislative bills to change the State Land Use district
from Agricultural to Urban for approximately 14.901 acres of land and the district classification
from Agricultura120 acres (A-20a) to Limited Industrial 20,000 square feet (ML-20) for
approximately 14.901 acres of land and Agricultural 5 acres (A-Sa) for approximately 8.724
acres of land. The property is the former Puna Sugar Company Mill site situated on the north
side of the Milo Street extension, and bordering the McCully's MCX Subdivision, Keaau, Puna.
The Commission concurs with the following findings as recommended by the Planning Director:
State Land Use Boundary Amendment
The approval of the reclassification from the State Land Use Agricultural to the
Urban District for approximately 14.901 acres will not be violative of Section 205-2,
Chapter 205, Hawaii Revised Statutes, nor will the reclassification actions be inconsistent
with the Hawaii Land Use Commission Rules, the Hawaii State Plan and the County
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
General Plan. The applicant is also requesting a concurrent change of zone from an
Agricultural (A-20a) to Limited Industrial (ML-20) for 14.901 acres and Agricultural
(A-20a) to Agricultural (A-Sa) for approximately 8.725 acres. According to the Hawaii
Land Use Commission Rules, one of the standards for considering an area for urban
reclassification states that "In determining urban growth for the next ten years, or in
amending the boundary, lands contiguous with existing urban areas shall be given more
consideration than non-contiguous lands, and particularly when indicated for future urban
use on State or County General Plans." The subject property conforms to this standazd as
it is surrounded by existing Urban designated lands. The reclassification action would
also complement the goals, objectives and/or policies azticulated in the Hawaii State Plan
by providing future employment opportunities and improved living standards and
stimulating the development and expansion of economic activities. The request conforms
to the Economic and Land Use goals and policies of the General Plan.
The request also conforms to the General Plan Land Use Pattern Allocation Guide
(LUPAG) Map which designates the azea as Industrial. The LUPAG Map component of
the General Plan is a representation of the document's goals, policies, standards and
courses of action. It is also a graphic depiction of the physical relationship between the
various land uses. The LUPAG Map establishes the basic urban and non-urban form for
areas within the County. The Industrial designation includes uses such as manufacturing
and processing, wholesaling, large storage and transportation facilities and light industrial
uses. The azea under consideration is consistent with the urban form established for this
area, as the adjacent property is in industrial use. Since 1971, the area of the old Puna
Sugaz Mill has been designated as Industrial Area. During the 1989 General Plan
Comprehensive Review, the Industrial Area designation was expanded by redesignating
lands in the vicinity from Intensive Agricultural and Orchazds to Industrial. This azea was
considered for industrial expansion as a variety of industrial uses were established in the
vicinity through the Special Permit process. The County had determined that the
industrial designation would promote and encourage additional utilization of the azea.
The State Land Use Commission has expressed a concern that the State Land Use
Law maybe circumvented by allowing the 14.901-acre portion of the parcel to be
redesignated in the Urban district with the possibility of the remaining 8.725-acre portion
to be redesignated Urban in the future. As such, a condition of approval will be included
in the concurrent rezoning request to require the applicant to include a restrictive
covenant in the deed which states that the approximately 8-acre portion of the property in
the State Land Use Agricultural district shall not be reclassified into the Urban district for
5 years, unless the state ]and use law is amended to change the rule that amendments of
more than I S acres must be approved by the Land Use Commission.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
The urban classification also conforms to the standard that the development is
within reasonable proximity to centers of trading and employment and to basic services
such as schools, police and fire protection, transportation systems and water. The subject
property is located less than one mile from the urban retail and employment center of
Keaau, and thereby conforms with the Land Use Commission Rules which encourages
urban developments inclose proximity to existing developments in close proximity to
existing services and facilities. Access to the property is from the Milo Street extension.
The portion of the Milo Street extension fronting the subject property is privately owned
by W.H. Shipman, Ltd. It is paved to a width of approximately 28 feet from the Keaau-
Pahoa Bypass Road up to TMK: 1-6-03: 21, fronting the subject property. By letter dated
July 17, 2003, W.H. Shipman, Ltd. has granted an easement over their private roadways.
Emergency services are available in Keeau.
There is no municipal wastewater system in the area. A cesspool or a septic
system meeting with the requirements of the Department of Health will be installed.
According to the Department of Health, a portion of the property is located within 1,000
feet of a drinking water well. Therefore, no cesspool or septic system, except for an air
aerobic package treatment system would be allowed within the 1,000-foot radius of the
water well. The applicant has stated that an aerobic treatment unit may be an alternative,
should one be necessary or required. All other utilities and services are available to the
site.
The property has no severe geological or topographical problems which cannot be
properly rectified or which would render the land unusable. The U.S. Corps of Engineers
Flood Insurance Rate Map (FIRM) designates the property as Zone "X", azeas outside the
500-yeaz flood plain. The property is fairly level and vacant. According to the applicant,
there are no existing drainageways on the site. The property is located approximately ten
(10) miles from the coastline. Thus, the reclassification meets with the standazd which
states that the lands included within the urban district shall be those with satisfactory
topography and drainage and reasonably free from the danger of floods, tsunami and
unstable soil conditions and other adverse environmental effects."
Urban Districts shall include lands chazacterized by "city-like" concentrations of
people, structures, streets, urban level of services and other related land uses.
Surrounding properties are in industrial or mixed commercial-industrial type uses.
Properties to the east and south are zoned A-20a. Surrounding properties consist mainly
of formerly cultivated sugar cane lands, the Hawaii Electric Light Company, Inc.
(HELLO) power plant (MG-l0a), vacant lands and small agricultural operations. To the
northeast of the subject property is the AMFAC Tropical Products fruit packing and
papaya puree processing facilities. Across the Milo Street extension to the south and
southeast is the site of the Greenhouse Specialists' operation and Pacific Floral Exchange.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 4
Adjacent to and east of Pacific Floral Exchange is the Christian Liberty School. The
McCully Subdivision (MCX-20) is located adjacent to the subject property to the west.
As industrial and industrial-commercial uses already exist in the immediate azea, the
urbanization of the subject property will not contribute towards scattered urban
development.
While the subject property is within the State Land Use Agricultural and County's
Agricultural (A-20a) zoned districts, it is not currently being used for active agricultural
purposes. A number of structures aze present on the site, including an office building
occupied by Hawaii Tropical Products and New Hope Church fronting the Milo Street
extension. An auto salvage business on the site was recently terminated, and there is a
sawmill/wood dealer occupying the warehouse to the rear of the property. There is also
an undeveloped area formerly used for mill wash, as well as an aerator and an irrigation
well on the portion of the property of the requested A-Sa zoning. The State of Hawaii
ALISH Map classifies the subject property as Prime Agricultural Lands and Unclassified.
The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area
is "C" or "Fair." While the potential for agricultural uses may exist, the soil conditions
within the site and surrounding azea would preclude such agricultural activities from
being conducted. Therefore, the reclassification of this 14.901-acre azea from the
Agricultural to the Urban designation will not be detrimental to the reduction of this area
from the agricultural land inventory in the County of Hawaii. Furthermore, an Urban
classification would conform with the standazd which states that lands within the urban
district "...shall be those with satisfactory topography and drainage and reasonably free
from the danger of floods, tsunami and unstable soil conditions and other adverse
environmental effects."
Based on the above, the approval of the State Land Use Boundary Amendment
from Agricultural to the Urban District complements the State Land Use District
Regulations and is supportive of the State of Hawaii Plan and the General Plan.
Therefore, the Planning Director recommends a favorable consideration of the State Land Use
Boundazy Amendment. The accompanying draft bill to amend the State Land Use Boundaries
Map, H-66 for the County of Hawaii is included for your review and approval. In addition, a
condition of approval is recommended as follows:
A. The approximately 8-acre portion of the property in the State Land Use
Agricultural district shall not be reclassifed into the Urban district for 5 years,
unless the state land use law is amended to change the rule that amendments of
more than 15 acres must be approved by the Land Use Commission. The
applicant shall include a restrictive covenant in the deed which states that.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 5
Change of Zone
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similaz azeas in the
County, but ultimately, on the future development of the entire island.
The applicant is requesting a change of zone from Agricultural (A-20a) to Light
Industrial (ML-20) for approximately 14.901 acres and Agricultural (A-20a) to
Agricultural (A-Sa) for approximately 8.725 acres. The applicant has submitted a
concurrent State Land Use Boundary Amendment from Agricultural to Urban for the
14.901-acre portion of the 23.626-acre site. The requested ML-20 area is proposed to be
subdivided into two lots to allow the renovation and use of the existing structures for
limited industrial and related uses. The requested A-Sa zoned area will be reserved for
agricultural related uses and remain within the State Land Use Agricultural District. A
number of structures are present on the site, including an office building occupied by
Hawaii Tropical Products and New Hope Church fronting the Milo Street extension. An
auto salvage business on the site was recently terminated, and there is a sawmill/wood
dealer occupying the wazehouse to the rear of the property. There is an undeveloped azea
formerly used for mill wash, as well as an aerator and an irrigation well on the portion of
the property of the requested A-Sa zoning.
The proposed change of zone request would be consistent with the Land Use and
Economic elements of the General Plan. The General Plan was developed to serve as a
policy guide for the coordinated growth and development of al] sectors of the County. It
sets forth goals, policies, standards and courses of action to accommodate growth without
congestion, to designate and preserve the lands needed for residential use, commercial
and visitor services, industry, agriculture and open space, and to coordinate these uses
with the County's service and circulation systems. The overall Land Use goals, policies
and standards are set forth to physically plan the lands in the County in the best interest of
the island's residents. The proposed request would also complement the goals and
policies of the Industrial sub-element of the General Plan.
The surrounding properties consist of a mix of industrial and agricultural uses
which were granted Special Permits for such uses. Surrounding properties are zoned
A-l0a and MG-l0a and consist mainly of formerly cultivated sugaz cane lands, the
HELLO power plant, vacant lands and small agricultural operations. To the northeast of
the subject property is the AMFAC Tropical Products fruit packing and papaya puree
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 6
processing facility. Across the Milo Street extension to the south and southeast is the
Greenhouse Specialists' operation and Pacific Floral Exchange. Adjacent to and east of
Pacific Floral Exchange is the Christian Liberty School. The McCully Subdivision,
zoned MCX-2Q is located on TMK: 1-6-3: Por. S,immediately adjacent to and west of
the subject property. Lands further west and southwest are primarily in residential uses.
Keaau Town Center is located less than one mile from the site.
The only existing industrial zoned lands in the Puna District aze located off
Highway 11 at the Shipman Industrial Park, approximately .7 miles from the subject
property. Effective August 19, 1986, the County Council approved the General
Industrial (MG-20) zoned district for approximately 488+_ acres of land for the
development of Shipman Industrial Park. A portion of the Shipman Industrial Pazk has
been subdivided into increments between 1987 - 1991. There are 88 lots with average lot
size ranging from one half acre to three acres. According to Real Property Tax records,
approximatelytwo-thirds of the lots have been sold in fee. The existing uses in the area
include heavy equipment construction base yazds, building supplies base yards,
distributor wazehousing, supermarket warehousing, industrial/manufacturing base yards
and other uses. For the East Hawaii azea, industrial zoned lands and activities are
primarily located in Hilo at the Hilo harbor, airport and Kanoelehua Industrial areas.
Industrial expansion since 1970 has lazgely occurred through the expansion and in-filling
of these areas.
The General Plan further identifies a Course of Action for industrial development
within the Puna District, that "The County shall identify sites suitable for future industrial
activities." This request would be consistent with the urban form depicted for Puna in
that it would add industrial uses serving the Keaau area and the immediate Puna region in
close proximity to other industrial zoned districts and activities.
The reclassification action also conforms to the LUPAG Map which designates
the azea for Industrial Area. The Land Use Pattern Allocation Guide (LUPAG) Map
component of the General Plan is a representation of the document's goals, policies,
standards and courses of action to guide the coordinated growth and development of the
County. It reflects a graphic depiction of the spatial relationships among various land
uses and the expressed policy statements of the document itself. The LUPAG Map
establishes the basic land use pattern for areas within the County. Therefore, changes and
requests for amendments to the LUPAG Map must be evaluated against applicable goals,
policies and standards of the General Plan. The Industrial Area designation includes uses
such as manufacturing and processing, wholesaling, large storage and transportation
facilities and light industrial uses. The requested zoning reclassification would be a
reasonable expansion of industrial activities associated with the Industrial designation and
the existing industrial uses in the area, including the HELCO power plant and agricultural
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 7
processing facilities. However, although the Planning Director agrees with the applicant
that a Limited Industrial (ML) zoning is appropriate for the area, the ML zoning uses also
allows home improvement centers to be constructed on the site. Home improvement
centers can potentially create higher traffic in the area, and is ahigh-intensity retail use.
Other uses allowed in the ML zoned district are usually not high traffic generators. The
applicant did not submit a traffic analysis report, and the Planning Director is opposed to
allowing a high traffic generator such as a home improvement center on the side of the
bypass highway because it would encourage traffic to cross the bypass and thus defeats
the purpose of having a bypass. For this reason, the Planning Director and the
Department of Transportation recommended against the McCully (MCX) zoning request
on the adjacent property. Therefore, a condition will be included to prohibit a home
improvement center on the site.
Since 1971, this area has been designated as an Industrial Area. During the 1989
General Plan Comprehensive Review, the Industrial Area designation was expanded by
redesignating lands in the vicinity from Intensive Agricultural and Orchards to Industrial.
The County had determined that the industrial designation would promote and encourage
additional utilization of the area. This area was considered for industrial expansion as a
variety of industrial uses have been established in the vicinity through the Special Permit
process:
• SPP No. 671 (Hawaii Anthurium Growers Cooperative) in August 1988, on
TMK: 1-6-03:21 for a processing and a floral packing facility.
• SPP No. 686 (HELLO) in November 1988, on TMK: 1-6-03: 93 to operate an
electric power plant previously operated by Puna Sugar Company.
• SPP No. 707 (AMFAC Tropical Products) in June 1989, on TMK: 1-6-03:18 &
23 for a fruit packing and processing plant.
• SPP No. 418 (AMFAC Tropical Products) in March 1979 and expanded in June
1989, on TMK: 1-6-03: portions of 5 and 73 for fruit packing and papaya puree
processing facilities. Special Permits No. 671, 707 and 418, which include
processing agricultural products grown off site, are now permitted uses.
• SPP No. 925 (Hawaii Christian Camping Association, Inc.) in February 1996, on
TMK: 1-6-03:17, for a church, school and related improvements.
• SPP No. 931 (Greenhouse Specialists, Inc.) in February 1996, on TMK: 1-6-
03:20, for a greenhouse and nursery supply outlet.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 8
An amendment to the State Land Use Boundary Map from an Agricultural to
Urban District is being concurrently processed for the proposed industrial development.
Upon the adoption of this amendment, the proposed change of zone request will be
consistent with the proposed Urban District designation.
The project site is situated within close proximity to schools, commercial areas,
employment centers and public safety services. The project site is located less than one
mile from the urban retail and employment azea of Keaau Town Center and the Keaau
Elementary School. Police, fire and emergency medical services are located in Keaau,
approximately one mile from the subject property. Keaau is centrally located at the
junction of two major highways in the Puna District, Highway 11 and the Keaau-Pahoa
Highway.
All utilities and services aze or will be made available to the project site which are
essential to accommodate urban development. Access to the subject property is from the
Milo Street extension, a private roadway. The portion of the Milo Street extension
fronting the subject property is privately owned by W.H. Shipman, Ltd. It is paved to a
width of approximately 28 feet from the Keaau-Pahoa Bypass Road up to TMK: 1-6-03:
21, fronting the subject property. By letter dated July 17, 2003, W.H. Shipman, Ltd. has
granted an easement over their private roadways. Due to the potential impact to existing
infrastructure, a condition of approval will be included to prohibit the commencement of
uses permitted under the Limited Industrial zoned district (except those allowed under the
existing Agricultural zoned district), until the completion of construction of the required
roadway, water and wastewater improvements. The applicant will also be required to
comply with the standards outlined in Standard Details for Public Works Construction R-
34 (revised) and provide improvements to the Limited Industrial zoned frontage of the
property including the % section of the roadway frontage with shoulders and continued
berm treatment. According to the Deparhnent of Water Supply, water is available from
the end of an existing 12-inch waterline along Milo Street approximately 300 feet west of
the subject property. In addition, there are three existing meters servicing the property,
including one 3-inch and two 1 %2-inch meters. There is no municipal wastewater
treatment facility within the azea and the wastewater system would be required to meet
the approval of the Department of Health. According to the Department of Health, the
subject property is located within 1,000 feet of a drinking water well. Therefore, no
cesspool or septic system, except for air aerobic package treatment system, would be
allowed to be installed within the 1,000-foot radius of the water well. The applicant has
stated that an aerobic treatment unit may be an alternative, should one be necessary or
required.
The project area has no severe geological or topographical problems which cannot
be properly rectified or which would render the land unusable. The subject property is
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 9
relatively level with a slight grade. According to the Flood Insurance Rate Map (FIRM),
the project area is within Zone "X", areas determined to be outside the 500-year flood
plain. The project area is also located outside of any tsunami inundation area. Any new
construction or improvements to the project area must comply with Chapter 27 of the
County Code relating to Flood Hazard Control. The subject property was formerly
cultivated in sugar cane and therefore, no endangered or threatened species of floral or
fauna or any archaeological sites aze anticipated to be found on the subject property.
There is no record of a designated public access to the shoreline or mountain areas
traversing the property. The State of Hawaii ALISH Map classifies portions of the azea
near the Milo Street extension as Prime Agricultural Lands and the northern portion of
the property is Unclassified. The Land Use Study Bureau's Overall Master Productivity
Rating for the soils in the azea is "C" or "Fair." An 8.725-acre portion of the 23.626-acre
property would continue to be available for further agriculture uses. Therefore, the
change of zone for this azea will not be detrimental to the reduction of this azea from the
agricultural land inventory in the County of Hawaii. The State Land Use Commission
has expressed a concern that the State Land Use Law may be circumvented by allowing
the 14.901-acre portion of the pazcel to be redesignated in the Urban district with the
possibility of the remaining 8.725-acre portion to be redesignated Urban in the future. As
such, a condition of approval will be included to require the applicant to include a
restrictive covenant in the deed which states that the approximately 8-acre portion of the
property in the State Land Use Agricultural district shall not be reclassified into the Urban
district for 5 yeazs, unless the state land use law is amended to change the rule that
amendments of more than 15 acres must be approved by the Land Use Commission.
Based on the above findings, this request for a Change of Zone from an
Agricultural (A-20a) to a Light Industrial (ML-20) and Agricultural (A-Sa) zoned district
would result in an appropriate land use pattern and further the public convenience,
necessity and general welfaze.
The accompanying draft bill to amend Section 25-8-22 (Puna District Zone Map) is provided for
your favorable consideration.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 10
We are also enclosing a copy of the staff background and Planning Director's Recommendation
for your information.
Sincere
Fred Galdones, Chairman
Planning Commission
LpunasugarOlpc
Enclosures
cc: Mr. Sidney Fuke
Puna Sugar Mill, LLC
Deparhnent of Water Supply
Department of Public Works
Rodney Haraga/DOT-Highways,Honolulu
State Land Use Commission
BPunaSugarSLIJRF,Z.doo-9/9/03
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
PUNA SUGAR MILL, LLC
STATE LAND USE BOUNDARY AMENDMENT (SLU 03-001)
CHANGE OF ZONE APPLICATION (REZ 03-001)
PUNA SUGAR MILL, LLC is requesting a State Land Use Boundary Amendment from
Agricultural to Urban for approximately 14.901 acres of land and a Change of Zone from
Agricultural (A-20a) to Limited Industrial (ML-20) for approximately 14.901 acres and
Agricultural (A-Sa) for approximately 8.725 acres of land. The property is the former Puna
Sugaz Company Mill site, on the north side of the Milo Street extension, bordering McCully's
MCX Subdivision, Keaau, Puna, Hawaii, TMK: 1-6-3: 99.
APPLICANT'S REQUEST
1. Request: The applicant is requesting a State Land Use Boundary Amendment from
Agricultural to Urban fora 14.901-acre portion of a 23.626-acre site to be subsequently
rezoned from Agricultural (A-20a) to Light Industrial (ML-20). The remaining 8.725
acres, which includes the proposed road, is proposed to be rezoned from A-20a to A-Sa.
The requested ML-20 azea is proposed to be subdivided into two lots to allow the
renovation and use of the existing structures for limited industrial and related uses. The
requested A-Sa zoned azea will be reserved for agricultural related uses. The landowner
of the subject property is Puna Sugaz Mill, LLC. (See Exhibit A -State Land Use
Boundary Amendment and Change of Zone Applications)
STATE AND COUNTY PLANS
2. State Land Use Designation: Agricultural.
3. GP LUPAG Map: Industrial Area. Since 1971, the area of the old Puna Sugaz Mill has
been designated as Industrial Area. During the 1989 Genera] Plan Comprehensive
Review, the Industrial Area designation was expanded by redesignating lands in the
vicinity from Intensive Agricultural and Orchazds to Industrial. This azea was considered
for industrial expansion as a variety of industrial uses were established in the vicinity
-1-
c - 3 70 Cr3 ;//s is9 " iho~ PC
through the Special Permit process.
4. County Zoning: Agricultural - 20 acres (A-20a).
5. Chapter 205A, HRS, Coastal Zone Management Program: The entire state of Hawaii
lies within the Coastal Zone Management Area. The intent of the Coastal Zone
Management Program is to guide and regulate public and private uses in the coastal zone
management azea with respect to recreational resources, historic resources, scenic and
open space resources, coastal ecosystems, economic uses, coastal hazards, managing
development, public participation, and beach protection. The property is located
approximately ten miles from the coastline.
6. SMA: The Special Management Area is a part of the Coastal Zone Maziagement
Program and regulated by the County. The subject property is not located in the Special
Management Area.
DESCRIPTION OF PROPERTY AND SURROUNDING AREAS
7. Subject Property: The subject property is atrapezoidal-shaped comer lot approximately
23.626 acres in size, and is the site of the former Puna Sugaz Company Mill site in Keaau.
The property has approximately a 1,000 feet of frontage along the Milo Street extension
and a 40-foot wide paved easement forming the eastern boundazy. The property slopes
slightly in an easterly direction, with a grade of less than five percent. A number of
structures aze present on the site, including an office building occupied by Tropical
Hawaii Products and New Hope Church fronting the Milo Street extension. An auto
salvage business on the site was recently terminated, and there is a sawmilUwood dealer
occupying the wazehouse to the reaz of the property. There is also an undeveloped azea
formerly used for mill wash, as well as an aerator and an irrigation well on the portion of
the property of the requested A-Sa zoning.
8. Surrounding Zoning and Land Uses: Properties surrounding the subject pazcel to the
east and south are zoned A-20a. Surrounding properties consist mainly of formerly
cultivated sugaz cane lands, the Hawaii Electric Light Company, Inc. (HELLO) power
plant (MG-l0a), vacant lands and small agricultural operations. To the northeast of the
subject property is the AMFAC Tropical Products fruit packing and papaya puree
-2-
processing facilities. Across the Milo Street extension to the south and southeast is the
site of the Greenhouse Specialists' operation and the Pacific Floral Exchange. To the east
of Pacific Floral Exchange is the Christian Liberty School. The McCully Subdivision
zoned MCX-20 on TMK: 1-6-3: Por. 5 is located adjacent to the subject property to the
west.
9. ALISH: Prime Agricultural Lands towazds the Milo Street extension, and Unclassified
to the north.
10. FIRM: Zone "X" or areas outside the 500-year flood plain.
11. U.S.D.A. Soil Type: Olaa Silty Clay Loam (OaC), which consists of dazk brown
extremely stony silty clay loam about 16 inches thick with a dazk-brown subsoil that is
extremely stony silty clay loam about 9 inches thick and underlain by Aa lava. This soil
has a medium acid surface layer and a slightly acid subsoil. Permeability is rapid, runoff
is slow and the erosion hazard is slight. This soil is mainly used for sugazcane.
12. Laud Study Bureau Soil Rating: "C" or "Fair".
13. Drainage: There are no existing drainageways on the site. If required, drainage
measures will be addressed in conjunction with the subdivision process and/or the
construction of structures on the subdivided lots.
14. Floral/Fauual and Archaeological Resources: Although no floral and faunal surveys
were conducted, the site has previously been cleazed and developed. Due to the urban-
like setting of the property and surrounding azea, impacts to endangered faunal species
should be negligible. Similarly, it is highly unlikely that any archaeological remains
would be present on the site.
15. Historical and Cultural Resources: No archaeological studies were conducted on the
subject area. However, as the property was the site of a former sugar mill, it is unlikely
that archaeological remains are present on the property. Given its past sugaz processing
use for over a century, it is unlikely that the azea was ever used for the gathering of plants
by native Hawaiians. In its letter dated May 2, 2003, the State Department of Land and
Natural Resources Historic Preservation Division stated that "no historic properties will
be affected by this undertaking, as urbanization has altered the land."
_3_
16. Coastal Resources: The property is located over ten miles from the coastline. As such,
fishing and/or coastal access is not an issue.
17. Public Access: There is no record of a designated public access to the shoreline or
mountain azeas traversing the property.
18. Special Permits in the Area:
• SPP No. 671 (Hawaii Anthurium Growers Cooperative) in August 1988, on
TMK: 1-6-03:21 for a processing and a floral packing facility.
• SPP No. 686 (HELLO) in November 1988, on TMK: 1-6-03: 93 to operate an
electric power plant previously operated by Puna Sugar Company.
• SPP No. 707 (AMFAC Tropical Products) in June 1989, on TMK: 1-6-03:18 &
23 for a fruit packing and processing plant.
• SPP No. 418 (AMFAC Tropical Products) in March 1979 and expanded in June
1989, on TMK: 1-6-03: portions of 5 and 73 for fruit packing and papaya puree
processing facilities. Special Permits No. 671, 707 and 418, which include
processing agricultural products grown off site, are now permitted uses.
• SPP No. 925 (Hawaii Christian Camping Association, Inc.) in February 1996, on
TMK: 1-6-03:17, for a church, school and related improvements.
• SPP No. 931 (Greenhouse Specialists, Inc.) in February 1996, on TMK: 1-6-
03:20, for a greenhouse and nursery supply outlet.
19. Existing Industrial Zoned Lands: The only existing industrial zoned lands in the Puna
District aze located off Highway 11 at the Shipman Industrial Pazk, approximately .7
miles from the subject property. Effective August 19, 1986, the County Council
approved the General Industrial (MG-20) zoned district for approximately 488 acres of
land for the development of Shipman Industrial Park. A portion of the Shipman
Industrial Pazk has been subdivided in increments between 1987 - 1991. There aze 88
lots with average lot size ranging from one half acre to 3 acres. According to Real
Property Tax records, approximately two-thirds of the lots have been sold in fee. The
existing uses in the azea include heavy equipment construction base yazds, building
supplies base yard, paving construction base yazds, distributor wazehousing, supermazket
-4-
wazehousing, industrial/manufacturing base yazds, quarry operation and other uses.
PUBLIC SERVICES AND FACILITIES
20. Access: Access to the subject property is from the Milo Street extension. The portion of
the Milo Street extension fronting the subject property is privately owned by W.H.
Shipman, Ltd. It is paved to a width of approximately 28 feet from the Keaau-Pahoa
Bypass Road up to TMK: 1-6-03: 21, fronting the subject property. By letter dated July
17, 2003, W.H. Shipman, Ltd. has granted an easement over their private roadways. (See
Exhibit B -July 17, 2003 and August 14, 2003 Letters)
21. Water: Water is available to the site from an existing 12-inch waterline along Milo
Street approximately 300 feet from the property. In addition, there aze three existing
meters servicing the property that include one 3-inch and two 1 %z-inch meters.
22. Wastewater: There is no municipal wastewater system in the area. A cesspool or a
septic system meeting with the requirements of the Department of Health will be
installed. According to the Department of Health, a portion of the subject property is
located within 1,000 feet of a drinking water well. Therefore, no cesspool or septic
system, except for air aerobic package treatment system, would be allowed within the
1,000-foot radius of the water well. The applicant has stated that an aerobic treatment
unit may be an alternative, should one be necessary or required.
23. Other Utilities/Services: Electricity and telephone are available to the site. Police, fire
protection and emergency medical services are located in Keaau, less than one mile from
the subject property.
AGENCIES' COMMENTS
24. State Department of Transportation (March 19, 2003 Letter):
"The proposed zoning is not anticipated to have a significant impact on the Keaau Bypass
Road, our State facility."
25. Department of Public Works: (See Exhibit C -March 3, 2003 Memo and
Applicant's Response Letter dated Apri12, 2003)
26. Department of Water Supply: (See Exhibit D - Apri124, 2003 Memo)
27. Fire Department: (See Exhibit E -February 13, 2003 Memo)
-5-
28. State Land Use Commission: (See Exhibit F -February 13, 2003 Letter)
29. Department of Land and Natural Resources Historic Preservation Division: (See
Exhibit G -May 2, 2003 Memo)
30. Department of Health: (See Exhibit H -February 18, 2003 Memo)
31. Hawaii Electric Light Company, Inc.: (See Exhibit I - Apri12, 2003 Letter)
APPLICANT'S RESPONSE
32. See Exhibit J -Applicant's response to Fire Department, Health Department and
State Land Use Commission
AGENCIES - NO COMMENTS
33. Department of Environmental Management, Real Property Tax Office, Police
Department, Department of Land and Natural Resources Land Division
AGENCIES/ORGANIZATIONS - NO RESPONSE
34. Department of Agriculture, Natural Resources Conservation Service
PUBLIC COMMENTS
35. The Department has not received any comments or objections to the request.
_6_
APPLICATIONS FOR
STATE LAND USE BOUNDARY AMENDMENT
(Agricultural to Urban)
and
COUNTY REZONING
(A-20a to ML-20 and A-5a)
PUNA SUGAR MILL, LLC
KEAAU, PUMA, HAWAII
TAX MAP KEY: (3)1-6-003: 099
Prepared For•.
Puna Sugar Mill, LLC
Prepared By:
Sidney M. Fnke, Planning Consultant
January 2003
EXHIBIT
STATE LAND USE BOUNDARY AMENDMENT APPLICATION
(15 ACRES OR LESS)
COUNTY OF HAWA~~3 ~ 6 P."1 1 29
PLANNING DEPARTME~'I'
a , ~ =NT
(Type or legibly print the requested information)
PETITIONER: Puna Sugar Mill; LLC
PETITIONER'S SIGNATURE: DATE: 1/14/03
ADDRESS: 36 Poko Place
Hilo, HI 96720
PETITIONER'S INTEREST IF NOT OWNER:
TELEPHONE:(Bus.) 960-4343 (Res.) 969-3076 (Fax) 969-7046
LANDOWNER(S): >Rina Sugar:1~i11, LLC
LANDOWNER SIGNATURE(S): ~ DATE: 1/lit/03
ADDRESS: Same as petitioner (May be by letter)
TAX MAP KEY: 1-6-003: 099
STREET ADDRESS OF PROPERTY: Md'~:o Street
ZONING: A-20a SIZE OF PROPERTY: 23.626 ac (requested area::14.901 ac
CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agriculture
REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Urban
AGENT: Sidney M. Fuke Planning Consultant
ADDRESS: l00 Pauahi Street, Suite 212
Hilo, HI 96720
TELEPHONE:(Bus.) 969-1522 (Res.) 961-6909 (Fax) 969-7996
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Sidnev M. F`uke COPIES: Puna Sugar, LLC
(See Instructions on Reverse Side)
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: Puna Sugar Mill, LLC
APPLICANT'S SIGNATURE: ~,~i~'~-- DATE: 1 14 03
ADDRESS: 36 Poko Place
- Hilo, HI 96720
LIST APPLICANT'S INTEREST IF NOT OWNER:
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.) 960-4343 (Res.) 969-3076 (F~) 969-7046
LANDOWNER(S): Puna Sugar Mill, LLC
LANDOWNER SIGNATURE(S): ~ DATE: 1/14/03
(May be by letter)
LANDOWNER(S) ADDRESS: S as applicant
REQUEST: A-20a TO MC-20 and A-Sa
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: 1-6-003: 099
STREET ADDRESS OF PROPERTY: Milo Street
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 14.901 ac - MC-20
AGENT: Sidney M. Fuke, Planning Consultant 8.725 ac - A-5a
ADDRESS: 100 Pauahi Street, Suite 212
Hilo, HI 96720
TELEPHONE: (Bus.) 969-1522 (Res.) 961-6909 (F~) 969-7996
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Sidney M. Flake COPIES: Puna Sugar Mill, LLC
I
(See Instructions on Reverse Side)
I
ATTACHMENT
Commercial, RM, Resort, & Industrial
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
I, if your request is approved, do you intend to subdivide
the subject land in accordance with the approved change
of zone? Yes
If Yes, please answer the rest of question I and then to
question 3.
a• How many acres of the requested area do you intend to
subdivide? All
b. Into what lot sizes? 9.E3 ac 5+ ac, and 5+ ac.
c. if your request is approved, approximately how long
after the date of approval do you expect to submit
your subdivision plans to the Planning Department Immediatel
for preliminary approval? 9
If you intend to subdivide, please submit a preliminary
schematic subdivision plan together with your change of
zone application form.
2. If you nave no firm plans of subdividing the subject area,
do you intend to:
a. Sell or lease the land to someone who has firm
plans?
b. Sell or lease the land to someone who has tentative
plans?
c- Sell or lease the land to someone who has no plans?
d- Keep it?
e. other (please state)
f. If you intend to do either a, b, or c, please elaborate
on the kind of plans the other party has. Please, also,
include in your answer approximately how soon after
approval of your rezoning do you expect to transfer the
subject land to another party.
3. What specific building plans do you have for the subject land?
Include in your answer the following: type of building
(apartment, office, launderette, etc.); financing arrangement;
timetable for construction; and any other informaticr. whicr. you
feel might help us in evaluating your request.
Please refer to environmental and planning report. Thea,plan
basically is toz'r0tain the existing structures and convert
them into limited industrial and office uses.
9. Have you performed any study which would demonstrate a need for
your proposed building and/or development? No
if so, please elaborate on your findings in the space provided
below.
I
i
I
i
-2- j',
5• Have you performed any study which discusses the
environmental impacts your request would nave on the
surrounding area and/or the County? Yes
If so, please elaborate on your findings in the space
provided below.
Please refer to planning and environmental report.
Yes
6. Are there any buildings on the subject area?
If so, what kind?
Fox*mer sugar mill structures, warehouses, and office buildings
What do you intend to do with those buildings if your
request is approved?
Continue to utilize them for limited industrial and office uses.
Is the subject land currently being used for any
agricultural activity? N~
if so, please list the kinds of products grown on and
how many square feet or acres of land per product?
-3-
8• To your knowledge, has there been any flooding and/or N6,.;
drainage problem on the subject area?
If so, please describe the problem.
9. Do you think that the roads leading to the subject area
needs improvement? No
If so, what kind?
Is the road adequate for the proposed traffic volume
or load? vow
10. What sort of governmental assistance and/or improvements
do you feel will be needed in the subject area when
developed?
yes wo
a. Schools X
b, Roads X i
c. Sewer X I
d. Drainage X j
X
e. Police Protection
X
f. Fire Protection
b
X
g, Recreational Facilities
h. Recreational Facilities X
i.
-4-
For those checked "yes," please elaborate what type or kinds of
improvements and/or assistance are needed.
11. Have you performed any historic sites study and/or survey of the
subject area? If so, what were the results? Please, also,
submit a copy of the study together with this change of zone
supplement.
Please refer to planning and environmental report.
Signature: ,4_
Address: 36 Poko Place Hilo, HI 96720
Telephone: 960-4343
Date: Jan. 14, 2003
-5-
FZ~Aa/~na
COUNTY ENVIRONMENTAL REPORT
STATE LAND USE AND COUNTY REZONING REQUEST
PUNA SUGAR MILL, LLC
TAX MAP KEY: (3)1-6-003: 099
KEAAU, PUNA, HAWAII
L INTRODUCTION
The applicant, Puna Sugaz Mill, LLC, is requesting to have a 14.901-acre portion of a
23.626 acre site redesignated from the State Land Use Agriculture to Urban district
and subsequently rezoned from the County Agriculture (A-20a) to Lirnited lndustrial
(ML-20) zone. At the same time, the balance (8.725 acres) of the 23.626-acre site is
proposed to be rezoned from Agriculture (A-20a) to Agriculture (A-Sa).
The property is the site of the former Puna Sugaz Company Mill site, located in
Keaau, Puna, Hawaii, TMK: 1-6-003: 099.
If approved, the applicant intends to subdivide the subject property based on the
requested zoning. The requested ML-20 azea would be further subdivided into two
(2) or three (3) lots. The intent is to enable individuals and/or companies to renovate
and use the existing structures into limited industrial and related uses. The requested
A-Sa zoned azea, consisting of 8.725 acres and includes the proposed road, is
presently vacant of any structures and/or improvements. This azea would be reserved
for agriculturally related uses. It should be noted that this A-Sa zoning is also
necessitated because its resultant area would be less than the required azea
requirements for the current A-20a zoning.
II. PROJECT LOCATION
The subject area is the site of the former Puna Sugar mill in Keaau. Specifically, it is
located on the north side of the Milo Street Extension, approximately 450 feet east of
the Keaau By-Pass Road. (Figure 1) There is a greenhouse material supply house
located diagonally across of the subject property, a use allowed by a Special Permit
(SPP 96-3). Other surrounding uses include a floral packing plant, a church and
school complex (Liberty Christian School) directly across (south) of the subject site.
There is also a packing plant on the east side of the subject site. The eight and one-
halfmile camp is also located in this general area. Ta the west of the subject
property is an undeveloped subdivision, zoned MCX-20. (Figure 2)
The primary access to the site will be from the Milo Street extension. There is also a
paved easement that runs along the entire eastern end of the subject site and
eventually intersects with the Keaau By-Pass, approximately 1 mile north of the Milo
Street intersection. (Figure 2)
1
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Y
.Shr an U~. ~ s
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~ ~ ~ _
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a el ~ i
e~ a ~ Iaughterhn e t~ , i - - - ` ` - ~ _
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Sug
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/Nanomil - - ~ 8 I/Z Mile ? \ I /
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~ - ' Palk ~ ~ k lic Lbae)' ~ iy,~C' <p If l
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's
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a '4' tdd c 3ahool i -
4~~ro ~~a ~ mom 130
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Y `
o PROJECT i ~ _
LOCATION
- I
Figure 1
A-SO.
- - _ - A - 2 0: A - S C
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d` ~
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~ -
A-10•
A-10.
A-10
i
7A-Da}
a' -Z.
A-10~
~ i
S CT SI
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Q
- - McCully's
C.Q CX Sub'n
~ ~
Q• • - 1a. ristian
~ A - ~ n. Liberty
c
r Scb
£c Flo
:e-. M 1. , _ ge ! i
~ - _ ouse A . ia.
S - A € LSRbsts ~ . .
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o ~ c3-as ~ ` - ~ ~
~ti _ Y]H1UH4 - ,r ~ 1/2 Mll V
111 Jj
~ . Csmp ~ II
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l3-I! m \ ~j
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- h: -
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A-20a A-20.
- v ~ ~
Fi¢ure 2
III. PROJECT DESCRIPTION
A. Proiect Conceat and Components
As noted eazlier, the site is the former Puna Sugar Mill complex. All of the
improvements on the site, however, were not necessarily directly devoted to
sugar processing. There is an office building fronting Milo Street, which is
now used to house various offices. There is also an undeveloped area that
was formerly used for mill wash.
The applicant vrshes to subdivide the subject properly and make it more
useable and accessible to small businesses. In that regazd, the applicant
wishes to subdivide the requested ML-20a area into two lots. One lot would
consist of the mill and the other, the office azea.
There presently are some tenants (auto repair and storage) using the mill site.
This lot would tentatively consist of 9.895 acres. The other lot, consisting of
5.006 acres, would continue to be used as a commercial/industrial office.
There also aze some tenants occupying this building.
The remaining 8.725-acre azea (which is the site of the requested A-Sa zoned
azea and includes the proposed road) would be used for agricultural pursuits.
There is an aerator and an irrigation well on this site. Furthermore, as this
area was used as a mill wash, arable topsoil is fairly abundant. (Figure 3)
B. Proiect Timetable and Cost
The applicant hopes to begin subdividing the property within the year.
The estimated cost of the subdivision improvements, which will be primarily
the installation of a water line, is estimated at $100,000.
IV. INSTITUTIONAL CONSIDERATIONS
A. State Land Use
The subject azea is designated Agriculture. As such, the azea (14.901 acres)
of the requested limited industrial area (ML-20) requires a State Land Use
Urban district. As the requested azea is less than 15 acres, the County has the
jurisdiction to act on the requested Urban reclassification.
The balance of the site would be retained for agricultural use, and no
boundary or reclassification acfion would be required to effectuate the
requested A-Sa zoning.
2
I~
I\
I ~
0
A (CULTURAL LOT sr
I - - (\.599 ACRES 'pF~
~ ~ ~ F}~F
_ y`r~o
ti
lI COMMERCIAL/LIGHT INDUSTRIAL LOT
14.9C1 ACRES(
ROADo1-92)
PAHOA No. 13oB
KE BA PASS ROAD) (pROJ
(KEAAU
PLAN SHOWING
THE PROPOSED SUBDIVISION OF LOT 3
INTO LOTS 3-A, 3-B, 3-C AND ROAD LOT s
FOR REZONING PURPOSES o
BEING PORTIONS OF THE FOLLOWING:
1. R.P. 7223, L.C.AW. 8559-B APANA 16 TO WM. C. LUNALILO m
2. LOT 3-B, LAND COURT APPLICATION 1689
3. LOT 34.D, LAND COURT APPLICATION 1053
KEAAU, PUNA, ISLAND OF HAWAII, HAWAII
Figure 3 ~
Plan by Island Survey, Inc.
P.O. Box 4215, Hilo, Hawaii 96720
Navember 13, 2002 ~
B. County General Plan
The County General Plan Land Use Pattern Allocation Guide (LUPAG) map
designates the site Industrial. The requested zoning would be consistent
with this designation.
C. County Zoning
The County zoning of the subject area is A-20x. The requested ML-20 zoning
would allow a variety of limited industrial and commercial uses of existing
infrastructure, wile not generating a negative impact on surrounding
properties. The requested A-Sa zoning would also put into production lands
that aze quite arable, while reserving future options of limited industrial uses.
It should be noted that the map submitted herein is only tentative, and it may
change to accommodate various conditions of approval and the applicant's
requirements. In either case, if approved, the site would be subdivided in a
manner meeting with both the Zoning and Subdivision Codes. Further, all
uses and standazds consistent with the ML-20 and A-Sa zones would be
adhered to.
D. Other Permitting Considerations
The site is not located within the County Special Management Area (SMA).
As such, no SMA Use Permit would be required.
However, as noted earlier, other permits would still be required. These would
be of the "ministerial" variety, such as Plan Approval and Building Permit.
V. ENVIRONMENTAL CONSIDERATIONS
A. General Description
The elevation of the site is approximately three hundred (300) feet above
mean sea level. The site is fairly level with no significant on-site undulations.
The mean annual rainfall in this azea ranges between 125 to 175 inches. The
wetter months tend to occur between October through April. The mean
annual temperature is about seventy-three (73) degrees Fahrenheit. Wind
patterns are generally tradewinds (easterly) during the day, and westerly
during the evenings.
The site is a corner lot, with the Milo Street Extension forming its southern
boundary and a 40-foot wide paved easement fornung the eastern boundary.
3
i
The trapezoidal-shaped lot has about a thousand feet of frontage along the
Milo Street Extension and the 40-foot easement. As noted eazlier, the site has
a number of structures on it. Most of the structures are part of the former
sugaz mill. There is also an office building fronting the Milo Street
extension.
B. Soils and Tonoeraahy
The topography of the site slopes slightly in a west to east direction. The
grade, however, is less than 5 percent.
The US Department of Agriculture Soil Conservation Service Soil Survey
Report classifies the soil to be of the Olaa series, specifically, the Olaa Silty
Clay Loam (OaC). This series is characterized by moderately deep,
moderately fine soil. Permeability is rapid, runoff is slow, and the erosion
hazard slight. This type of soil was formerly used mainly for sugarcane.
The Land Study Bureau Overall Master Productivity Rating for the subject
area is Class "C" or fair. This suggests the site does have good productivity
potential for orchazd or pasture use.
C. Natural Hazards
1. Drainaee
The US Corps of Engineers' Flood Insurance Rate Man (FIRM)
designates the site in Zone X, azeas outside the 500-year flood plain.
There aze no existing drainageways on the site.
Should drainage measures be required to accommodate the
development, they will be done in conjunction with the subdivision
approval process and/or the construction of structures on the resultant
subdivided lots.
2. Tsunami Hazard
As the site is located over 10 miles from the ocean, it is located
outside of the Civil Defense's Tsunami Evacuation Zone.
3. Volcanic and Earthquake Hazards
The United States Geological Survey (USGS) classifies the area as
Lava Flow Hazazd Zone 3, on a scale of ascending risk 9 to 1. The
I
4 1
I
entire City of Hilo and the town of Keaau fall in this category. There
is very little that can be done to mitigate this situation and reflects an
ongoing threat to all residents and businesses in these azeas.
The entire island of Hawaii falls within Earthquake Zone 4, according
to the County Building Code. As such, certain structural requirements
will be needed and taken during the building permit process to address
this seismic hazard.
D. Flora/Fauna
Although there were no professional surveys conducted of the floral or faunal
resources of the site, the applicant does not believe that rare or endangered
floral or faunal resources aze likely to be found within the subject site.
The site has already been cleared and developed. In the area of the former
mill waste water area, there "California" and "Guinea" grass can be observed.
Thus, floral impacts should be minimal.
Further, the quasi-urban setting of the site and immediately surrounding
areas, combined with the extent of the former use of the site, impacts to any
endangered faunal species should be negligible.
E. Historic/Archaeolo¢ical Resources
No azchaeological inventory survey was conducted of the subject azea.
However, given its former sugaz mill use, it is highly unlikely that
azchaeological remains would be found on the subject site.
Nonetheless, during the course of developing the subdivision, should any
unanticipated archaeological features or sites be uncovered, work will cease
and the applicant will immediately notify the Planning Department.
F. Valued Cultural Resources
In view of the recent Hawaii State Supreme Court's "PASH" and "Ka
Pa ~akai O Ka Aina"decisions, the issue relative to native Hawaiian gathering
and fishing rights must be addressed. Specifically, there must be a discussion
of the cultural, historical, and natural resources and associated traditional and
customary practices of this site.
In this situation, the subject site is not adjacent and/or proximate to the
shoreline. As such, fishing and/or coastal access is not an issue.
5
Given its past sugaz processing use of this area for over 100 yeazs, it is
extremely doubtful whether the subject or immediate surrounding area was
ever used for the gathering of plants by native Hawaiians. Furthermore, the
site has been and continues to be cleared and somewhat dominated by
introduced plant species, it would appeaz very unlikely that the site
would serve such purpose today and/or in the recent past.
There are also no known archaeological features on the subject property.
Based on the above, it does not appear that the project would have any
potential adverse impact relating to the cultural and historical resources of
this area.
F. Water and Coastal Resources
The subject site is located well over ten (10) miles from the coastline. As such, j
coastal impacts resulting from discharge of wastewater systems from the site should
not be significant. Further, being anon-wastal property, no coastal access will be
affected.
The azea is underlain by basal groundwater. There is, however, a potable County
well in the immediate vicinity. As the wastewater from the project will be
serviced by sewer system meeting with the approval of the Department of Health,
there should be adequate protection of these wells. Cesspools will not be allowed,
and individual systems such as septic tank or higher level will be installed in
conjunction with the actual development of the respective lots.
G. Noise, Air Quality, and Dust
The extension of Milo Street will serve as the major thoroughfare in this azea.
It connects to the Keaau By-Pass and serves as the principal access of other I
commerciaUagricultural, a church school complex, and some residences.
i
The existing ambient traffic level in this azea is quite low. As such, the
corresponding noise level is quite low. With the completion of the by-pass,
however, the noise level has increased somewhat.
While the proposed development will add to the traffic, and in turn, affect the
ambient noise level, the impact should not be as pronounced as the by-pass '
traffic.
Further, with the requested zonings, the traffic is expected to be a diurnal and
not nocturnal one. The impacts to residences, thus, should be less. i
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The proposed development should not generate any direct air ualit impacts.
The only discernible air quality impact could be associated with the vehicular
traffic to and from the site. While there will be an impact to the ambient air
quality, the impact should not be significant. With higher EPA standards for
automobile air emissions, the air quality impact should thus hopefully not be
significant.
All of the required pazking area within the project site must be paved with an
all-weather, dust free surface. Landscaping will also be required as part of
the Plan Approval requirement. As such, with the exception of construction
dust in the beginning, long Term dust generated by the project should be
minimal.
13. Scenic and Visual Considerations
In the Natural Beauty element of the General Plan, there are sites or azeas
listed as being a scenic resource. The subject site is not listed as a scenic site.
However, there were a few examples cited within the Keaau area. These
included the royal palms fronting Keaau School and the views of Mauna Kea
and Mauna Loa from major roadways.
The proposed development would not have any visual impacts on those and
other listed scenic resources in the azea. The site is located makai of the
Keaau By-Pass, and as such, will not affect any of the views to the two
mountains.
VI. SOCIAL AND RELATED CONSIDERATIONS
A. Surroundin¢ Land Uses
The mixture of land uses in this area suggests an area in transition. The
transition is from a former mill and sugar cane site to some residential, light
industrial, and commercial uses.
Within a mile of the site, there aze an existing former plantation camp and
residences along Milo Street; flower packing and storage facility; retail store
dealing with agricultural products; and a church and educational facility.
The proposed development would thus not be incompatible with the existing
and approved uses for this area. Although the project could have some
impacts on the existing residential uses along the mauka or west side of the
By-Pass, the By-Pass essentially serves as an effective buffer from the subject
7
i
site. Then, too, the other residential azea is a former plantation camp located
about a mile from the site.
Given the above, the mixture of uses suggests an area in transition, and the
proposed development would not be incongruous with that pattern.
B. Economic Impacts
The requested zoning would have some measure of economic impact, as it
would make fee simple properties available for either limited industrial or
commercial uses. New businesses could be started, and some nay even
decide to relocate here. In so doing, it could strengthen the entire town of
Keaau.
There could be some real property tax consequences for surrounding
properties. As the assessed valuation of the subject property rises due to the
higher commercial use, there could be some fallout to neighboring properties.
Nonetheless, for homeowners intent on keeping their property for residential
uses, there are tax provisions that allow the homeowner to "freeze" the
valuation of one's property for a certain period of time.
C. A¢riculturalImuacts
The site has not had any recent agricultural activities. Because of the quality
of soIl in the vicinity of the former mill wash azea, the portion of the site,
could be used agriculturally. Thus, the proposed plan utilizes the azea's
resources - i.e., industrial uses would be reserved for the developed azeas,
while potential agricultural uses could occur where the soil is somewhat
fertile.
Given the above, the requested uses and zoning should not militate against
the State and County's long-term agricultural objectives.
VII. IlVFRASTRUCTURE CONSIDERATIONS
A. Road
With the completion of the Keaau By-Pass, the subject site has two direct
accesses to a major cross-town thoroughfare. One of these accesses -Milo
Street Extension - is signalized, thus affording safe and efficient vehiculaz
movements in this azea.
8
The Milo Street Extension is a private road. The subject property has
easement rights over this road, as well as to the road leading to the other
access at the Hilo-end of the Keaau By-Pass. Both of these easements have a
right-of--way of 40 feet, up to the area of the so-called "McCully" MCX
subdivision, west of the subject site. In that azea, the right-of--way is 60-feet.
For the most part, the width of the pavement within these rights-of--way is at
least 24 feet.
B. Water
There is a 12-inch County water line up to the end of the "McCully"
Subdivision, approximately 200 feet to the west. There is also a 10-inch line
running along the western edge of the subject property. This line provides
water from the wells located proximate to and/or on the subject site to the
Olaa-Mt. View System's Station No. 3. It also provides service to the parcel
adjacent and to the east of the subject site.
While the location of the line does not inhibit the development of the site, the
applicant will attempt to have the line relocated. This will be done in
coordination with the Department of Water Supply.
The existing 12-inch line along the will probably have to be extended to the
subject site, approximately 200 feet. This will be done in conjunction with
the subdivision approval process.
C. Wastewater
There is no County wastewater system in this area. As such, only cesspools
or septic tank system meeting with the approval of the Department of Health
will be allowed. However, as a portion of the site is located within a 1,000
feet of a water well, air aerobic package treatment system will be required for
those affected lots.
D. Solid Waste
Solid waste will be handled through a commercial hauler into authorized
landfill sites. With the requested ML-20 zoning, the potential for uses with
toxic or related chemical waste would be minimal, if at all.
9
E. Other Government Services
As this area is aheady part of the Keaau urban area, it is aready being
serviced. No extension of government services would be required. The
Police and Fire Stations and emergency medical services are located about
one (1) mile away.
This project should have little or no direct impacts to schools, pazks, and
other related facilities.
F. Other Utilities
All other utilities such as telephone and electrical services aze available to the
site.
VIII. IMPACT SIGNIFICANCE ANALYSIS
A. Relationshiu Between Local Short-Term Uses of Environment and
Maintenance and Enhancement of LOIIE-Term Productivity
The short-term use of the site would probably continue to be limited office
and limited industrial uses. However, its expansion and/or improvements
would not be possible, as the site is zoned Agriculture. If the rezoning
request were approved, the applicant would proceed with the industrial
subdivision. The actual development of the respective lots, however, would
be a function of demand. And when developed, certain uses could create
more of positive impact, rather than letting the structures continue to
deteriorate.
B. Irreversible and Irretrievable Commitment of Resources
The subject site is already disturbed. As such, the commitment of natural or
other resources (such as azchaeological) would not appeaz to be an issue.
C. Mifleative Measures
As the pazlung azea will be paved with anall-weather, dust free surface, there
may be some drainage considerations. If there are drainage issues, this will
be done in conjunction with the permitting and permit implementation phases
of this project, both at the subdivision level and secondarily, at the Plan
Approval and/or building permit phases.
10
I
The proximity of potable wells also provides a development challenge.
Nonetheless, all uses will have to comply with appropriate State Department
of Health wastewater standards and/or requirements. This could be enforced
only in conjunction with the zoning and subsequent building permit process.
Otherwise, the non-conformity of uses could continue unabated and without
any upgrades.
Although there aze some existing tenants, these tenants will be allowed to
continue, pending the subdivision and possible sale of the respective lots. It
should be noted that some of the potential tenants may be the purchaser of the
proposed lots.
D. Alternatives to the Proposed Proiect
1. No Proiect
Under this status quo alternative, the site remains in its present
condition. The applicant would continue to lease the structures out as
non-conforming uses. Being "grandfathered", improvements to the'
structures would be somewhat limited.
This alternative would result in possible deterioration of the
environment, as there would be no little or no incentive to make any
infrastructure improvements.
Then, too, the site would not be utilized to its fullest land use
potential, as outlined in the County General Plan.
2. Alternative Mixed IndustriaUCommerciallv-zoned Site
An MCX zoning would be possible. However, as the existing
infrastructure is more oriented to uses more appropriate for Limited
Industrial uses, an MCX zoning may require the removal of much of
this infrastructure. Furthermore, there is undeveloped MCX zoning
adjoining and west of the subject site that could be utilized to serve
this need.
3. Alternative Heaw Industrial Uses
As in the past, the site could be utilized for heavy industrial uses.
Given the proximity of the water well and some habitable activities
(residences and schooUchurch complex) within a mile of the subject
site, those uses may not be readily compatible.
11
i
4. Evaluation of Alternatives
The project's impacts to the area's social and physical infrastructure
would not appear to be pronounced. Certain mitigative measures will
be taken to address any possible impacts associated by the
development of this project. Further, the project would be consistent
with the land use objectives sought to be accomplished by the County
General Plan LUPAG map.
The requested A-Sa zoning would not frustrate the long-term
industrial objecgve of the General Plan. `vVhen and if there is further
demand for industrial activities, this area could be rezoned and
utilized for said uses. During the interim, an agricultural activity
would provide some reasonable transition to the agricultural/urban
uses in this area.
Finally, as noted above, a heavy industrial zoning -given the
proximity of potable wells and habitable uses -may not be suitable.
In view of the aforementioned, it would appear that none of the altematives
would be more prudent and beneficial than the requested ML and A-Sa
alternatives.
IX. REGULATORY ANALYSIS
A. I3awai i State Plan
One of the goals of the State Plan calls for the assurance of the availability of
agriculturally suitable lands with adequate water to accommodate present and
future needs. This request, while removing some agriculturally zoned lands,
would still make small scale agricultural pursuits possible with the balance of ~
the site. The agricultural lot would be serviced with water, thus making it
more possible for agricultural activities.
At the same time, the requested industrial area -while zoned agricultural -
has been used for some form of industrial use in the recent past. As such, the
requested rezoning would not result in the removal of any active agricultural
lands.
The Plan also calls for the orderly development of urban azeas while being
sensitive to community needs. In this situation, the site is functionally
contiguous to an urban area. It will also provide some land uses (industrial
12
i
and small-scale agricultural lot) that are not readily available proximate to
Keaau.
The area will also be provided with sufficient infrastructure so as not to
burden existing government services. All on-site infrastructure would be
provided by the applicant.
B. General Plan LUPAG Man
The LUPAG map designates the site Industrial, a designation that allows the
requested nIL-i0 zoning. At the sanxe time, the A-Sa zoning would be
possible, as its use would still not frustrate the long-term land use objectives
sought to be accomplished by the General Plan. The A-Sa zoned area could
still be rezoned and used for industrial uses. During the interim, it would also
not be incompatible with uses allowed within the ML-20 zone.
C. General Plan Polices
The requested zoning would be consistent with the goals, policies, and
standards of the Economic and Land Use Elements of the General Plan.
Specifically, the more pertinent ones follow:
1. Economic Element
Goals
• Provide residents with opportunities to improve their quality of
life.
• Economic development and improvement shall be in balance with
the physical and social environments of the island of Hawaii.
• The County of Hawaii shall strive for diversity and stability in its
economic system.
Policies
• The County shall provide an economic environment which allows
new, expanded, or improved economic opportunities that are
compatible with the County's natural and social environment.
• The County shall strive for an economic climate which provides
its residents an opportunity for choice of occupation.
• The County shall strive for diversification of its economy by
strengthening existing industries and attracting new endeavors:
13
i
Discussion
The request would provide opportunities for existing and new limited
industrial businesses to establish themselves in an area that is served
by a good transportation system. Relatedly, all of the required
infrastructure will be provided by the applicant without taxing
government's servicing ability.
Further, the azea is located proximate to other urban type of uses.
These uses include some habitable type of activities (residences and
school/church complex}, hardware store, MCX zoned uses, and
agricultural support (such as packing and storage facilities).
Through the principle of agglomeration economies, development of
this site could also facilitate the development of the other uses.
At the same time, the site is located in an area where impacts to
surrounding areas would not be adversely affected. Residences along
the west side of Milo Street will not be affected, as the road
terminates at the By-Pass. The other residential community (a former
plantation camp) is located well over 1,000 feet from the azea, and
there would be sufficient buffer.
2. Land Use Element Qndustrial)
Goals
• designate and allocate land uses in appropriate proportions and
mix and in keeping with the social, cultural, and physical
environments of the County. (Land Use Element)
• designate and allocate industrial areas in appropriate proportions
and in keeping with the social, cultural, and physical environments
of the County. (Industrial Sub-element)
• promote and encourage the rehabilitation of industrial areas which
are serviced by basic community facilities and utilities. (Industrial
Sub-element)
Policies
• zone urban- and rural-type of uses in areas with ease of access to
community services and employment centers and with adequate
public utilities and facilities. (Land Use Element)
14
• allocate appropriate requested zoning in accordance with the
existing or projected needs of neighborhood, community, region
and County. (Land Use Element)
• encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and
social environments.(Land Use Element)
• achieve a broader diversification of local industries by providing
opportunities for new industries and strengthening existing
industries.(Industrial Sub-element)
• Locate industrial areas convenient to transportation facilities and
provide a variety of industriai zoned districts and tot sizes,
depending on the needs of the industries and communities.
(Industrial Sub-element)
Improve the aesthetic quality of industrial sites and protect
amenities of adjacent areas by requiring landscaping, open spaces,
buffer zones, and design guidelines. (Industrial Sub-element)
• Locate industrial azeas adequately served by transportation,
utilities, and other amenities. (Industrial Sub-element)
Standards (Industrial)
• Industrial development shall maintain or improve the quality of
the present environment.
• Industrial activities may be located close to raw materials or key
resources.
Topography of industrial land shall be reasonably level.
• Industrial development shall be conveniently located to its labor
resource.
• Buffer zones shall be established between industrial and adjacent
non-compatible uses of land.
• The du•ection of wind patterns and the absence of tradewinds shall
be considered in located industrial designations.
Discussion
As Keaau and its surrounding azea continues to grow, there will be a
need for more industrial and commercially-zoned lands. This is
evident by on-going commercial developments within Keaau. This
request also reflects this demand.
The subject site, in addition to attempting to meet this need, also
fulfills other policies and standazds articulated in the General Plan.
15
The site is already serviced by adequate infrastructure. County water
line will be extended to the subject site. Police and fire protective
services are available within one mile of the site. Wastewater system
will be the obligation of the respective lot owners, and all other
utilities are available to the site. As such, this development should
not require additional public services to be provided. ~
The site does not have any on-site developmental constraints. The
land is relatively level, and there are no flood or other hazardous
condition that would render the site a developmental problem and
pose a burden to public agencies.
Being previously intensively used, the prospects of the site serving as
a habitat for raze or endangered plant or animal life appeaz remote.
Likewise, surface and subsurface archaeological remains do not
appear to be likely on this site.
The use is also compatible with the surrounding area. Although there
aze residences in the area, there are natural buffers. The By-Pass
provides some measure of screening to residents along the western
end of Milo Street. Then, too, the other plantation camp is located ~
i
about a 1000 feet away, separated by other uses. Accordingly, the
requested zoning would not be incongruous with existing and
projected uses for this area. 'I
Further, there aze other uses of an industrial nature in this area, such
as tropical fruit processing plants. Thus, the requested zoning would
not be incompatible with those activities.
D. Zonine
If the request is approved, all of the requirements relative to height, setback,
]andscaping, and parking, and the like would be complied with. No variances i
from the Code aze anticipated. As noted above, the plans submitted in
conjunction with this application are prelimii~azy. The applicant is aware that ~
I
modifications will have to be made to accommodate the standazds and j
requirements of the rezoning conditions and the subdivision, zoning and
related development codes. ~
I
E. State Land Use Urban Standards
As the requested area covers less than fifteen (15) acres, the County can
process the request. Pursuant to the Planning Commission Rule No. 13, the I
16
request must meet certain standards. These standazds and their justification
follow:
1. Conformity to the General Plan
The project's relationship and conformity aze demonstrated in Chapter
1X A, B above.
2. Relationship to State Land Use Urban District Standards
The State Land Use Com-nission's Rules provide the standazds for
determining the Urban district boundaries (Section 15-15-18). Their
relationship to this request are noted as follows:
a. "Gifu-Like" Characterisfics
A concentration of people, structures, streets, and urban level
of services characterize this azea. Within a mile of the subject
area, there aze urban uses in this area, including habitable
activities (residences and achurch/school complex),
greenhouse store, and amixed-industriaUcommercial
subdivision.
b. Factors of Urban Characteristics
The site is proximate to centers of trading and
employment. It is less than a mile from major sources of
employment -these being Keaau Town. Given its non-
conforming industrial and office use, the site is ironically a
source of employment.
All of the related urban amenities and services such as
school, pazks, and protective services are also located less than
a mile from the site. As such, basic governmental and utility
services are readily available to this azea.
This reclassification will not necessazily result in providing a
sufficient urban reserve area for growth, as the applicant
intends to develop the property immediately.
17
c. Natural Hazards
Topographically, the site is suitable for development. It does
not have slopes in excess of 30 degree. The site has no known
unstable soil condition.
It is outside of the tsunami zone and is not located within the I
high volcanic hazard area. Although within Zone 4 of the
earthquake hazazds, this is a category that applies islandwide.
d. Continuous to Urban Areas
As noted earlier, the site is contiguous to an urban azea. The
"McCully" MCX subdivision is located adjacent and to the
west ofthe subject site. That sit is designated Urban.
e. Relationship to Countv Growth Plans
This site does not represent the creation of a new urban
concentration, as the surrounding area is already an urban like
environment. As such, this standard is not really applicable.
However, it is noted that the site and surrounding areas are
designated for expansion and growth on the appropriate county
glans and documents.
f. "Scatterization" Impact
As the site does conform to the standazds described earlier,
standazd 6 does not apply.
I
Standazd 7 relates to the potential creation of a "spot" zoning ~I
and thereby increasing the need to extend public services at I
considerable taxpayers' expense. In this situation, the area is I
already developed and the subject site represents an expansion.
However, because the appropriate infrastructure is aready
present, its development should not result in the expansion or
extension of government services.
g. Slope of Property
The slope of the site is less than ten (10) percent. As such,
development of this site would not be violative of these i
criteria. '
~I
18
-~~3 i;~L rim 1 ~2
W,;H~r SHIPMAN, LIMITED
L~,_; i ~ =;11 KEAAU
HAWAII ISLAND
July 17, 2003
Mr. Christopher Yuen, Director
Planning Department
County of Hawaii
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Yuen:
Re: SLU and Rezoning Requests-Puna Sugar Mill, LLC
Keaau, HI, TMK 1-6-03:99. REZ 03-001, SLU 03-001
We have granted the applicant, Puna Sugar Mill, LLC an easement
over the appropriate private roadways owned by W. H. Shipman,
Limited. These access easements will allow the parcel in question
access to a government road. The easement has been signed by all
parties and is in the process of being recorded.
You should note that the following language is part of this easement
document: "Should Grantee [Puna Sugar Mill, LLC], at any time,
desire to re-zone or seek a Special Permit for all or a portion of the
Property.......Grantee agrees, as part of the application for the re-
zoning or Special Permit, to upgrade and improve those portions of
the roadways......that abut the Property, to the current County
standard appropriate for that zoning and use".
Sincerely, iw~~~, y -
~9a`s' p,
Robert E. Cooper /3 ry
President
EXHIBIT
P.O. Box 950 "A Kamaaina Company Contributing to [he Planned Grourth of Hawaii" Phone: (8Gfi) 966-9325
Keaau, Hawaii 96749 Established 1923 ~ Fax: (808) 966-8522
SidneyFuke, Planning Consultant
100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning
Telephone: (808) 969-1522 • Fax: (808) 969-7996 • Subdivision • Land Use Permits
• Environmental Reports
~3 A! ~6 14 :9,~} 10 1 g
August 14, 2003
PI
G~ t
".-ENT
Mr. Christopher Yuen, Director {`t Aid
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Yuen:
Subject: SLU and Rezoning Requests -Puna Sugar Mill, LLC
Keaau Hawaii. TMK: 1-6-03: 099
This is in response your letter of August 12 regarding the subject matter.
Please be informed that the applicant signed and is a party to the Grant of Easement that
contains the provision noted in both Mr. Robert E. Cooper's letter, dated July 17, 2003.
As such, the applicant is obligated and willing to comply with the terms of the easement
as noted therein.
I trust that this sufficiently addresses your letter. If not or if there aze fiirther
comments or questions on this matter, please feel free to contact me. Thank you very
much.
Sincerely,
4 Vv, ~VVY v
SIDNEY M. FUKE
Planning Consultant
Copy -Puna Sugaz Mill, LLC w/ enclosure via FAX
uEPARTMENT OF PUBLIC WORreS
COUNTY OF HAWAII
HILO, HAWAII
DATE: March 3, 2003
iFR y N(9 10 36
TO: Christopher J. Yuen, Planning DirectorC~,~ v1'.' C.i ~,~,~;-^;J
FROM: ~Y Dep
rt ent of Public Works
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 03-001)
STATE LAND USE BOUNDARY AMENDMENT APP. (SLU 03-001)
Applicant: Puna Sugar Mill, LLC
Request: A-20a to ML-20 and A-5a
TMK: 1-6-03: 099
We have reviewed the subject application forwarded by your memo dated February 4,
2003 and offer the following comments for your consideration.
1. All development-generated runoff shall be disposed of on site and shall not be directed
toward any adjacent properties.
A drainage report shall be prepared, and the recommended drainage system shall be
constructed meeting with the approval of the DPW.
2. The subject parcel is in an area designated as Zone X by the Federal Emergency
Management Agency (FEMA). Zone X is an area determined to be outside the 500-
year floodplain.
3. All earthwork activity, including grading and grubbing, shall conform to Chapter 10,
Erosion and Sedimentation Control, of the Hawaii County Code.
4. Access to the subject property is through private roads identified by tax map parcels
1-6-03: 15, 22, & 26. Based on the proposed zoning, the DPW recommends the
applicant provide full improvements to the property's entire road frontage consisting
of pavement widening with concrete curb, gutter and sidewalk including any required
drainage improvement and utility relocation. The applicant should provide a future
road widening setback equal to at least one-half the difference between the existing
right-of-way and 50 feet.
5. Streetlights and traffic control devices shall be installed as required by the Traffic
Division, Department of Public Works. The applicant shall be responsible for the
design, purchase, and installation of such devices. The Traffic Division may be
contacted at phone number 961-8341.
Questions may be referred to Kelly Gomes ofE ~ H ginB
~
Tng Division at ext. 8327.
KG GII
i
SidneyFuke, Planning Consultant _ -
100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning
Telephone: (808) 969-1522 • Faz: (808) 969-7996 • Subdivision • Land Use Permits
• Environmental Reports
April 2, 2003 rt. ~ ~ Pal 8 52
- , r- i
Fq.~t ;~1Nif~_I(_a iiLi r~~,,:~~i,..~.T
Mr. Christopher Yuen, Director CUiJN f'(~ `"I-~:~~A~l
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Yuen:
Subject: SLU and Rezoning Requests -Puna Sugar Mill, LLC
Keaau Hawaii, TMK: 1-6-03: 099
This is in response to the Departrnent of Public Works' comments regarding the
subject matter. Please be informed that:
a. In conjunction with an application to subdivide the subject property, a
drainage plan and/or report - if needed -will be prepared to address water
generated by the proposed improvements. The applicant is aware that all
on-site generated water must be contained on the property. Improvements
to assure this mandate will be made in conjunction with the subdivision
and/or building permit approval processes.
b. The appropriate grading and/or grubbing permit will be secured by the
respective developer prior to any land disturbance activity.
c. The applicant has no objections to setting aside a future road widening
setback along the entire frontage of subject property. It is the applicant's
understanding that the desired right-of--way is 60 feet. With the existing
50-foot right-of--way, the additional setback would be 5 feet, with the
remaining 5 feet coming from the property situated on the opposite side of
the right-of--way.
d. Relative to the request to construct curb, gutter, sidewalk along the entire
frontage of the subject property, the applicant respectfully requests that
this not be made a condition. For one thing, if the rezoning were to be
approved, over 7.5 acres would still be in the agricultural zone. The
proposed agricultural zone encompasses more than half of the entire
frontage.
Then, too, given the industrial nature ofthis project and being situated in a
relatively remote area, improved shoulders (such as those found in the
Mr. Christopher Yuen
Apri12, 2003
Page 2
Kaloko and Hilo Industrial areas) fronting the requested industrial area
may be sufficient.
e. The applicant intends to install streetlight and traffic control devices, as
may be required by the Department of Public Works, Traffic Division, in
conjunction with the subdivision approval process.
I trust that this sufficiently addresses the comments of the Department of Public
Works. If not or if there aze further comments or questions on this matter, please feel
free to contact me. Thank you very much.
incerely,
SIDNEY . FUKE
Planning Consultant
Copy -DPW -Engineering
Puna Sugar Mill, LLC w/ enclosure
c~ wareR
0~~, JBPq'a
DEPARTPflENT OF WATER SUPPLY COUNTY OF' FiAWAf 9
o
e 345 KEKUANAOA STREET SUITE 20 HILO, HAWAII 96720
y~`~~xaw>~~ a° TELEPHONE (808) 961-8050 FAX (808) 961-8657
6a
April 24, 2003 (~y~j~}~+~'y/~~''~}~+.t(t~ t°j~~~
(1Cp~~
TO: Mr. Christopher J. Yuen, Planning Director
Planning Department
FROM: Milton D. Pavao, Manager
SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 03-001)
REQUEST: AGRICULTURAL TO URBAN
CHANGE OF ZONE APPLICATION (REZ 03-001)
REQUEST: AGRICULTURAL (A-20A) TO LIMITED
INDUSTRIAL (ML-20) AND AGRICULTURAL (A-SA)
APPLICANT - PUNA SUGAR MILL, LLC
TAX MAP KEY 1-6-3:99
We have reviewed the subject application for the proposed Land Use Boundary Amendment and
Change of Zone and have the following comments.
Water can be made available from the end of an existing 12-inch waterline along Milo Street
approximately 300 feet west of the property. In addition, there are three existing meters servicing the
property that include one 3-inch, and two 1'/z-inch meters.
As such, and as a condition of these applications, the applicant must submit anticipated maximum daily
water usage, as recommended by a registered engineer, to the Department for review and approval.
The Department reserves the right to make a final determination. Based on this and the existing
meters, a water commitment deposit of $150.00 per unit (600 gallons per day) may be required to
secure a water commitment as required for tentative subdivision approval.
Further, should the subject applications be approved and a subdivision application be processed, final
approval will be subject to the following requirements:
1. Construct necessary water system improvements, which shall include, but not be limited to:
a. approximately 300 feet of 12-inch waterline from the end of the existing waterline along
Milo Street to the interior road,
b. waterline within the subdivision capable of delivering water at adequate pressure and
volume under both peak-flow and fire-flow conditions; minimum di~(~f~Ta~i3ts shall
be 12 inches, ~ 1l
I/i/a~er ~rinc~6 ~ro~r¢9~...
Mr. Christopher J. Yuen, Planning Director
Page 2
April 24, 2003
c. service laterals that will accommodate an appropriately sized meter to each lot, and
d. fire hydrants spaced no more than 300 feet apart.
Submit installation plans prepared by a professional engineer, architect, or land surveyor,
registered in the State of Hawaii, for review and approval.
2. For all commercially zoned parcels, install a backflow preventer (reduced pressure type) by a
licensed contractor on the applicant's property just after the meter. The installation and
assembly of the backflow preventer must be inspected and approved by the Department. The
backflow preventer shall be operated and maintained by the customer. A copy of our backflow
preventer handout is being forwarded to the applicant to help them understand this requirement.
3. Remit the prevailing facilities charge, which is subject to change, as needed. This would be
due and payable upon completion of the construction of the water system improvements and
prior to final subdivision approval being granted.
Finally, for the applicant's information, the proposed development is within 1,000 feet upgradient of
Olaa Wells No. 1 and 2. Should the applicant intend to install individual wastewater systems, it may
have an ad~~erse impact on source water quality. As such, the Wastewater Branch of the State
Department of Health should be consulted.
Should there be any questions, the applicant may contact our Water Resources and Planning Branch at
961-8070.
Sincerely yours,
~ Mil on . Pavao, P.E.
M age
GGA:dms
copy - (w/enc.) Puna Sugar Mill, LLC
(w/o enc.) Mr. Sidney Fuke
(w/o enc.) DWS Water Quality Assurance and Control Branch
`~yxv,ar yq~
mil' t
Harry Kim ' " ~ Darryl J. Oliveira
Mayor Fire Chief
; Desmond K. Wery
•~e .°i.N ~r> Devury Fire Chief
2.03 F~EB 1~ fy(~ 10 0
~ountp of ~~bnaf `i
FI /=f~~ll`d!iJU C~I'~~'~~-"v`~i-~,11 FIRE DEPARTMENT
.
CCJ~iP~I I ' '~'25 Aupuni Street • Suite 103 • Hilo, Hawaii 96720
(808)961-8297 • Fax (SOR) 961-8296
February 13, 2003
TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR
FROM DARRYL OLIVEIRA, FIRE CHIEF
SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 03-
001)
REQUEST: AGRICULTURAL TO URBAN
CHANGE OF ZONE APPLICATION (REZ 03-001)
REQUEST: AGRICULTURAL (A-20a) TO LIMITED INDUSTRIAL (ML-20)
AND AGRICULTURAL (A-5a)
APPLICANT: PUNA SUGAR MILL, LLC
TAX MAP KEY: 1-6-3:99
Fire apparatus access roads shall be in accordance with UFC Section 10.207:
"Fire Apparatus Access Roads
"Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and
maintained in accordance with the provisions of this section.
"(b) Where Required. Fire apparatus access roads shall be required for every
building hereafter constructed when any portion of an exterior wall of the first story
is located more than 150 feet from fire department vehicle access as measured by
an unobstructed route around the exterior of the building.
"EXCEPTIONS: 1. When buildings are completely protected with an
approved automatic fire sprinkler system, the provisions of this section may
be modified.
EXHaBIT
E ~REDE~
Christopher J. Yuen, Planning Director
Page 2
February 13, 2003
"2. When access roadways cannot be installed due to topography,
waterways, nonnegotiable grades or other similar conditions, the chief may
require additional fire protection as specified in Section 10.301 (b).
"3. When there are not more than two Group R, Division 3 or Group M
Occupancies, the requirements of this section may be modified, provided, in
the opinion of the chief, fire-fighting or rescue operations would not be
impaired.
"More than one fire apparatus road may be required when it is determined by the
chief that access by a single road may be impaired by vehicle congestion,
condition of terrain, climatic conditions or other factors that could limit access.
"For high-piled combustible storage, see Section 81.109.
"(c) Width. The unobstructed width of a fire apparatus access road shall meet the
requirements of the appropriate countyjurisdiction.
"(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed
vertical clearance of not less than 13 feet 6 inches.
"EXCEPTION: Upon approval vertical clearance may be reduced, provided
such reduction does not impair access by fire apparatus and approved
signs are installed and maintained indicating the established vertical
clearance.
"(e) Permissible Modifications. Vertical clearances or widths required by this
section may be increased when, in the opinion of the chief, vertical clearances or
widths are not adequate to provide fire apparatus access.
"(f) Surface. Fire apparatus access roads shall be designed and maintained to
support the imposed loads of fire apparatus and shall be provided with a surtace
so as to provide all-weather driving capabilities." (20 tons)
"(g) Turning Radius. The turning radius of a fire apparatus access road shall be
as approved by the chief." (45 feet)
"(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150
feet in length shall be provided with approved provisions for the turning around of
fire apparatus.
Christopher J. Yuen, Planning Director
Page 3
February 13, 2003
"(i) Bridges. When a bridge is required to be used as access under this section, it
shall be constructed and maintained in accordance with the applicable sections of
the Building Code and using designed live loading sufficient to carry the imposed
loads of fire apparatus.
"Q) Grade. The gradient for a fire apparatus access road shall not exceed the
maximum approved by the chief." (15%)
"(k) Obstruction. The required width of any fire apparatus access road shall not
be obstructed in any manner, including parking of vehicles. Minimum required
widths and clearances established under this section shall be maintained at all
times.
"(I) Signs. When required by the fire chief, approved signs or other approved
notices shall be provided and maintained for fire apparatus access roads to
identify such roads and prohibit the obstruction thereof or both."
Water supply shall be in accordance with UFC Section 10.301:
"(c) Water Supply. An approved water supply capable of supplying required fire
flow for fire protection shall be provided to all premises upon which buildings or
portions of buildings are hereafter constructed, in accordance with the respective
county water requirements. There shall be provided, when required by the chief,
on-site fire hydrants and mains capable of supplying the required fire flow.
"Water supply may consist of reservoirs, pressure tanks, elevated tanks, water
mains or other fixed systems capable of providing the required fire flow.
"The location, number and type of fire hydrants connected to a water supply
capable of delivering the required fire flow shall be protected as set forth by the
respective county water requirements. All hydrants shall be accessible to the fire
department apparatus by roadways meeting the requirements of Section 10.207."
AR YL OLIVEIRA
Fire Chief
RK:Ik
t6 O N
A~~,B 6p 1~
b
LINDA LINGLE
BENJAMINJ.-GAYETANO e• ANTHONY J.H. CHING
EXEGOTIVE OFFICER
GOVEflMOR 5
STATE OF HAWAII , _
~NI~~'I~ ~.rn„
DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPM $ 7~11R1$f~L! /tr i p/'; [11f-('
LAND USE COMMISSION ~ ~U`_ll~l l ' CF I I ~ ~.'PII
P.O. Box 2359 ~Fa.
Honolulu, HI 96804-2359
Telephone: 808-587-3822
Fax: 808-587-3827
February 13, 2003
Mr. Christopher J. Yuen, Director
Planning Department
County of Hawaii
Aupuni Center
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Dear `:1r. Yu^n:
Subject: State Land Use Boixndary Amendment Application (SLU 03-001)
Agricultural to Urban
Change of Zone Application (REZ 03-001)
Agricultural (A-20a) to Limited Industrial (ML-20j and Agricultural (A-5a)
Puna Sugar Mill, LLC
TMK No: 1-6-03:99
We have reviewed the subject application forwarded by your memorandum dated
February 4, 2003, and have the following comments:
1) We confirm that the subject parcel is designated within the boundary of the
State Land Use Agricultural District.
2) We continue to be concerned with projects that appear to be parceled into
15 acres or less to avoid consideration by the Land Use Commission. In this
case, given that the project site is 14.901 acres, the applicant should clarify
whether there were site constraints, market considerations, or other factors
beyond the applicant's control that specifically limited the project's acreage to
EXHIBIT
Mr. Christopher J. Yuen, Director
February 13, 2003
Page 2
under 15 acres. Has there been a metes and bounds map prepared of the
project site to confirm its acreage?
3) Under the subject applications, the applicant proposes to set aside the
remaining 8.725 acres of the subject parcel for "agriculturally related uses."
Given these plans, we suggest that the County consider a condition providing
for an agricultural conservation easement or other similar mechanism to
ensure that this vacant area is, in fact, reserved solely for agricultural
pursuits.
Given the location, scope, and nature of the proposed activity, the State Land Use
Commission defers to the judgment of the County of Hawaii regarding other matters in
the application. We have no further comments to offer at this time.
Thank you for the opportunity to comment on the subject application. Please feel free
to contact Bert Saruwatari of my office at 587-3822, should you require clarification or
any further assistance.
Sincerely,
ANTHONY J. H. G
Executive Officer
SE.~F Nq
LINDA LINGLE PETER T. YOUNG
GOVERNOR OF HAWAII ) CHAIRPEfl50N
ROARO OF LANG ANO NATURAL RESOURCES
I g' 1~ COMMISSION ON WATER RESOURCE MANAGEMENT
U~
DAN DAVIDSDN
DEPUTY DIRECTOR-LAND
o- "4i, ERNEST V.W. LAU
p^~ OEPUTY DIRECTOR -WATER
` STATE OF HAWAII COMMISSION ON WATER RESOURCE MANAGEMENT
tV '+G
t.:.~ +~j`j D~PAF;2'~M E~IT OJF~LAND AND NATURAL RESOURCES Eonnrac nNOl ocenrv
RecaEnrloN
9UREAU OF CONJEYANCES
HISTORIC PRESERVATION DIVISION CONSERVATION ANO RESOURCES ENFORCEMENT
KAKUHIHEWA BUILDING, ROOM 555 FoaesiRr
neEO waouFE
cr y,;•,rews;` /sC! R 601 KAMOKILA 80ULEVARD HISTORIC PRESERVATION
f?~'~~GI~~~F KAPOLEI, HAWAII 96707 KAHOOLAWEISWJD RNOSERVE COMMISSION
„ (~f HAWA(F,' STATE PARKS
1, nJ I1'I~G li4E WATER RESOURCE MANAGEMENT
YU.
May 2, 2003
HAWAII HISTORIC PRESERVATION LOG NO.: 2003.0402
DIVISION REVIEW DOC NO.: 0304JK02
Applicant/Agency: Puna Sugar Mill. LLC
Address: 36 Poko Place
Hilo, HI 96720
Project: Chapter 6E-42 Review (County) Planning (SLU 03-001)
Agricultural to Urban, Change of Zone Application (REZ 03-001)
Agricultural (A-20a) to Limited Industrial (ML-20) and
Agricultural (A-Sa)
Location: Keaau, Puna, Island of Hawaii
Tax Map Key: (3) 1-6-003: 099
1. We believe there are no historic properties present because:
a. intensive cultivation has altered the land
X b. residential development /urbanization has altered the land
c. previous grubbing/grading has altered land
d. an acceptable archaeological assessment or inventory survey found no
historic properties
2. This project has already gone through the historic preservation review process.
a. mitigation has been completed
X_ Thus, we believe that "no historic properties will be affected by this undertaking.
j
I ~1(/' .~"r! `..:,'_~''~?L;{, -`)Y'T Date ~ ~
Signed
istoric Preservation Divisib ona ~i
Jeanne M. Knapp ~
EXHIBIT
G
M1P4 0i „9w
.INUA LINGLE x CHIYOME L. FUKINO, M.D.
GOVERNOR s DIRECTOR OF HEALTH
I. it y
~ d
PP
vn i~~
n,~w
,.i f~fB j2 5$ STATE OF HAWAII
~ I~ DEPARTMENT OF HEALTH
F~.f~~f~-h1l~.~-; v~-~'~,, ~ ~~1'ENT P.o. eox sis
C~JUN~i 1' GF ; -;'~:;~JAII HiLO, HAwan ssrz~-osts
MEMORANDUM
DATE: February 18, 2003
TO: Christopher J. Yuen
Planning Director, C//o~~unty of Hawaii
FROM: Aaron A. Ueno 1S"
District Environmental Health Program Chief
SUBJECT: State Land Use Boundary Amendment Application (SLU 03-001)
Request: Agricultural to Urban
Change of Zone Application (REZ 03-001)
Request: Agricultural (A-20a) to Limited Industrial (ML-20)
and Agricultural (A-Sa)
Applicant: Puna Sugar Mill, LLC
Tax Map Key: 1-6-3:99
The use of individual wastewater systems is allowed. The type and number of individual
wastewater systems to be used on each lot will be determined by the wastewater rules in effect at
the time of building permit application.
Flows to the proposed new cesspool exceed 1000 gallons per day or has the capacity to serve
more than 20 persons per day and is therefore not considered an individual wastewater system
and is no longer allowed under federal regulations. Please have your engineer submit revised
wastewater plans to our office.
The subdivision is located within 1000 feet of a public drinking water source. WWB does not
concur with the subdivision unless the subdivision connects to the public sewer system or uses
aerobic treatment unit.
WORD:SLU03-001 REZ03-OOl.mi
EXHIBIT
N
Hawaii Electric Ligh4 Company, Inc. • PO Box 1027 • Hilo, HI 96721-1027
April 2, 2003
'i~C3 A?R y °(R 1 19
FL.^^;~~'I~i! Cif i~;F;-~'~iEN l
Fred Galdones, Chairman ~%~-<<~i~! i i" ~~;',`~'^,I~
Planning Commission
County of Hawaii
25 Aupuni Street Rm 109
Hilo, Hawaii 96720-4252
Dear Chairman Galdones:
Subject: Change of Zone Application (REZ 03-001)
Applicant: Puna Sugar Mill, LLC
TMK (3) ]-6-03:99
Puna Sugar Mill, LLC has filed applications with the Planning Department to reclassify a
14.901 acre portion of TMK (3) 1-6-03:99 at Keaau, Puna from Agriculture to Urban and to
rezone the 14.901 acres from A-20a to ML-20. The remaining 8.725 acres of parcel 99 will be
rezoned from A-20a to A-Sa.
The subject property is adjacent to HCLCO's Puna Power Plant. This plant operates 24
hours a day, 365 days a year, and produces varying degrees of stack emissions, plant noise and
vehicular movement in and around the facility. We are operating the facility in strict compliance
witlf applicable permits obtained from federal, state and county regulatory agencies. However,
occupants of surrounding properties may not be aware of this fact and unnecessarily complain
about air and/or noise quality and their effects on personal health and property.
HELCO is not opposed to the reclassification and rezoning. We are simply concerned
that future owners and tenants of the applicant's development may have unrealistic expectations
about our power plant operations. In a similar al:~plication a few years ago involving another
property next to our plant, we worked with the applicant to include language in his conveyance
documents to disclose the existence of our power plant. We will gladly work with the current
applicant to develop similar language.
We urge that the foregoing be taken into consideration in your final approval and that
future development be undertaken with the knowledge that the HELCO power plant operates in
the immediate vicinity.
As you know, HELCO's power plant property and the Puna Sugar Mill property were
one large parcel when Pura Sugar Company was still operating. When HELCO acquired the
power plant from Amfac, the parcel was cut in two with the dividing line running between the
power plant and the mill. As a result, we remain tied to a cesspool located on the applicant's
EXHIBIT
Z
Mr. Fred Galdones
Apri12, 2003
Page 2
property. At the same time, the applicant is still hooked up to our water source. This mutually
beneficial arrangement was worked out with the former owner of the mill property.
Current regulations require discontinuation of such industrial cesspools in a few years
and we have plans to install a new septic system on our property. We understand that should this
application be approved and the applicant proceeds to develop his parcel, we will expedite our
plans to construct our septic system. Conversely, the applicant should disconnect from our water
source after our septic system is installed, or when he begins developing his parcel, whichever
occurs first.
f .the nnprti_.nit.• t t ,C.l! nirl . i, on.. n~ocfi.~ng
Thank y0'..E. G: C~_r .O C•m ~._,cn_. o_.._ h:: e y riei ir%~ tv
contact me at the address above, or call me at 969-0261.
Yours truly,
c_
Mark K. Gushiken
Administrator, Land
cc: Mr. Sidney Fuke
SidneyFuke, Planning Consultant
100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning
Telephone: (808) 969-1522 • Fax: (808) 969-7996 • Subdivision • Land Use Permits
• Environmental Repods
February 28, 2003 ~n~3 Iftfl 3 1 Zy
Mr. Christo her Yuen, Director F~i_~;'~'Nli~!G D ~Ph-nTPfiENT
P CUUNT`i t~~ I-~~,,.r1!i
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Yuen:
Subject: Rezoning and SLU Requests -Puna Sugar Mill, LLC.
Keaau Hawa? i• TMK: 1-6-03: 99
Thank you very much for providing me with agency comments to date regarding
the subject matter. In response to these comments, please note the following:
Fire Department
The applicant intends to comply with the requirements of the Fire Department
during the subdivision and/or building permit process, as the case may be- These include
fire access, water pressure/hydrants, and building code requirements. All building
permits must be also approved by the Fire Department, at which time many of these
issues will be addressed and tended to.
Denartment of Health
As the site falls within the 1,000-foot radius of a public drinking water source, the
applicant is aware of and will comply with the more stringent wastewater requirements of
the Deparment of Health. Inasmuch as there is no public sewer system in this area, the
alternative may be an aerobic treatment unit, should one be necessary and/or required.
Land Use Commission
The applicant's intent is to be able to immediately utilize the areas encompassing
the existing mill and office building. The balance of the parcel, because of its
undeveloped, non-structural state, was felt by the applicant to still be suitable for
agricultural activities. Furthermore, the applicant had no specific development plans for
this area and was aware of time performance conditions that may be imposed by the State
and/or County. As such, the applicant felt it best to leave that azea in the Agricultural
District for the moment.
Metes and bounds descriptions of the respective areas (i.e., Urban and
Agricultural) have already been provided to your office.
EXHIBIT
J
Mr. Christopher Yuen, Director
February 28, 2003
Page 2
Finally, the applicant does not believe that agricultural conservation easements
would be appropriate in this instance. For one, the land -from an agricultural resource
perspective - is not deemed essential, unlike properties classified "A" or "B" by the Land
Study Bureau. The subject site has a "C" classification. Additionally, this area has been
earmarked for urban-industrial type of uses on the County General Plan. If this azea were
deemed appropriate for long-term conservation or agricultural uses on the General Plan,
then, the conservation easement concept may have some merit.
I trust that the foregoing responses adequately addressed the agency comments. If
not or if there are more, please feel free to contact me. Thank you very much.
Sincerely
SI~ 5' M. FUKE
Planning Consultant
Copy -Chief Darryl Oliveira, County Fire Department
Mr. Aazon Ueno, State Depaztment of Health
Mr. Tony Ching, State LUC
Puna Sugaz Mill, LLC
RPunaSugarS LU. doc-9/9/03
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
PUNA SUGAR MILL, LLC
STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 03-001)
Upon cazeful review of the request, the Planning Director is recommending that a
favorable recommendation for the State Land Use Boundary Amendment application be
forwazded to the County Council. This recommendation does not, however, sanction the specific
plans submitted with the application as they may be subject to change given the specific code and
regulatory requirements of the affected agencies. 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 approval of the reclassification from the State Land Use Agricultural to
the Urban District for approximately 14.901 acres will not be violative of Section
205-2, Chapter 205, Hawaii Revised Statutes, nor will the reclassification actions be
inconsistent with the Hawaii Land Use Commission Rules, the Hawaii State Plan
and the County General Plan. The applicant is also requesting a concurrent change of
zone from an Agricultural (A-20a) to Limited Industrial (MI: 20) for 14.901 acres and
Agricultural (A-20a) to Agricultural (A-Sa) for approximately 8.725 acres. According to
the Hawaii Land Use Commission Rules, one of the standazds for considering an area for
urban reclassification states that "In determining urban growth for the next ten yeazs, or in
amending the boundary, lands contiguous with existing urban areas shall be given more
consideration than non-contiguous lands, and particulazly when indicated for future urban
use on State or County General Plans." The subject property conforms to this standazd as
it is surrounded by existing Urban designated lands. The reclassification action would
also complement the goals, objectives and/or policies articulated in the Hawaii State Plan
-t-
~_3-7oCr~~lls ~Sy~~t;~P~
by providing future employment opportunities and improved living standards and
stimulating the development and expansion of economic activities. The request conforms
to the Economic and Land Use goals and policies of the General Plan.
The request also conforms to the General Plan Land Use Pattern Allocation Guide
(LUPAG) Map which designates the azea as Industrial. The LUPAG Map component of
the General Plan is a representation of the document's goals, policies, standards and
courses of action. It is also a graphic depiction of the physical relationship between the
various land uses. The LUPAG Map establishes the basic urban and non-urban form for
areas within the County. The Industrial designation includes uses such as manufacturing
and processing, wholesaling, lazge storage and transportation facilities and light industrial
uses. The area under consideration is consistent with the urban form established for this
azea, as the adjacent property is in industrial use. Since 1971, the azea of the old Puna
Sugaz Mill has been designated as Industrial Area. During the 1989 General Plan
Comprehensive Review, the Industrial Area designation was expanded by redesignating
lands in the vicinity from Intensive Agricultural and Orchazds to Industrial. This azea was
considered for industrial expansion as a variety of industrial uses were established in the
vicinity through the Special Permit process. The County had determined that the
industrial designation would promote and encourage additional utilization of the azea.
The State Land Use Commission has expressed a concern that the State Land Use
Law may be circumvented by allowing the 14.901-acre portion of the pazcel to be
redesignated in the Urban district with the possibility of the remaining 8.725-acre portion
to be redesignated Urban in the future. As such, a condition of approval will be included
in the concurrent rezoning request to require the applicant to include a restrictive
covenant in the deed which states that the approximately 8-acre portion of the property in
the State Land Use Agricultural district shall not be reclassified into the Urban district for
5 years, unless the state land use law is amended to change the rule that amendments of
more than 15 acres must be approved by the Land Use Commission.
The urban classification also conforms to the standard that the development
is within reasonable proximity to centers of trading and employment and to basic
-2-
services such as schools, police and fire protection, transportation systems and
water. The subject property is located less than one mile from the urban retail and
employment center of Keaau, and thereby conforms with the Land Use Commission
Rules which encourages urban developments in close proximity to existing developments
in close proximity to existing services and facilities. Access to the property is from the
Milo Street extension. The portion of the Milo Street extension fronting the subject
property is privately owned by W.H. Shipman, Ltd. It is paved to a width of
approximately 28 feet from the Keaau-Pahoa Bypass Road up to TMK: 1-6-03: 21,
fronting the subject property. By letter dated July 17, 2003, W.H. Shipman, Ltd. has
granted an easement over their private roadways. Emergency services aze available in
Keeau.
There is no municipal wastewater system in the area. A cesspool or a septic
system meeting with the requirements of the Department of Health will be installed.
According to the Department of Health, a portion of the property is located within 1,000
feet of a drinking water well. Therefore, no cesspool or septic system, except for an air
aerobic package treatment system would be allowed within the 1,000-foot radius of the
water well. The applicant has stated that an aerobic treatment unit may be an alternative,
should one be necessary or required. All other utilities and services aze available to the
site.
The property has no severe geological or topographical problems which
cannot be properly rectified or which would render the land unusable. The U.S.
Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property as
Zone "X", areas outside the 500-yeaz flood plain. The property is fairly level and vacant.
According to the applicant, there are no existing drainageways on the site. The property
is located approximately ten (10) miles from the coastline. Thus, the reclassification
meets with the standard which states that the lands included within the urban district
shall be those with satisfactory topography and drainage and reasonably free from the
danger of floods, tsunami and unstable soil conditions and other adverse environmental
effects."
-3-
Urban Districts shall include lands characterized by "city-like"
concentrations of people, structures, streets, urban level of services and other
related land uses. Surrounding properties are in industrial or mixed commercial-
industrial type uses. Properties to the east and south are zoned A-20a. Sunrounding
properties consist mainly of formerly cultivated sugar cane lands, the Hawaii Electric
Light Company, Ina (HELLO) power plant (MG-l0a), vacant lands and small
agricultural operations. To the northeast of the subject property is the AMFAC Tropical
Products fruit packing and papaya puree processing facilities. Across the Milo Street
extension to the south and southeast is the site of the Greenhouse Specialists' operation
and Pacific Floral Exchange. Adjacent to and east of Pacific Floral Exchange is the
Christian Liberty School. The McCully Subdivision (MCX-20) is located adjacent to the
subject property to the west. As industrial and industrial-commercial uses already exist in
the immediate azea, the urbanization of the subject property will not contribute towazds
scattered urban development.
While the subject property is within the State Land Use Agricultural and
County's Agricultural (A-20a) zoned districts, it is not currently being used for
active agricultural purposes. A number of structures are present on the site, including
an office building occupied by Hawaii Tropical Products and New Hope Church fronting
the Milo Street extension. An auto salvage business on the site was recently terminated,
and there is a sawmill/wood dealer occupying the wazehouse to the reaz of the property.
There is also an undeveloped azea formerly used for mill wash, as well as an aerator and
an irrigation well on the portion of the property of the requested A-Sa zoning. The State
of Hawaii ALISH Map classifies the subject property as Prime Agricultural Lands and
Unclassified. The Land Use Study Bureau's Overall Master Productivity Rating for the
soils in the area is "C" or "Fair". While the potential for agricultural uses may exist, the
soil conditions within the site and surrounding azea would preclude such agricultural
activities from being conducted. Therefore, the reclassification of this 14.901-acre area
from the Agricultural to the Urban designation will not be detrimental to the reduction of
this azea from the agricultural land inventory in the County of Hawaii. Furthermore, an
-4-
Urban classification would conform with the standazd which states that lands within the
urban district "...shall be those with satisfactory topography and drainage and reasonably
free from the danger of floods, tsunami and unstable soil conditions and other adverse
environmental effects."
Based on the above, the approval of the State Land Use Boundary Amendment from
Agricultural to the Urban District complements the State Land Use District Regulations and is
supportive of the State of Hawaii Plan and the General Plan.
Therefore, the Planning Director recommends a favorable consideration of the State
Land Use Boundary Amendment. The accompanying draft bill to amend the State Land Use
Boundaries Map, H-66 for the County of Hawaii is included for your review and approval. In
addition, a condition of approval is recommended as follows:
* I
A. The approximately 8-acre portion of the property in the State Land Use
I Agricultural district shall not be reclassifed into the Urban district for 5 yeazs,
rP'~Jl:;~~
unless the state land use law is amended to change the rule that amendments of
Du,
more than 15 acres must be approved by the Land Use Commission. The
i~~ i
applicant shall include a restrictive covenant in the deed which states that.
-5-
COUI`~1TY OF I~A~AI`I STA'L'E ~F ~-IAWAI`~
BILL NO.
(PLANNING DEPARTMENT)
ORDINANCE NO.
AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAP, H-66 FOR
THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM
THE AGRICULTi_1RAL TO THE URBAN DISTRICT AT KEAAU, PUMA, HAWAII,
COVERED BY TAX MAP KEY 1-6-3:POR. 99.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The State Land Use Boundaries Map, H-66 for the County of Hawaii, is
amended to change the district classification of property described hereinafter as follows:
The district classification of the following area situated at Keaau, Puna, Hawaii,
shall be Urban:
Beginning at the northwest corner of this parcel of ]and, the coordinates of said
point of beginning referred to Government Survey Triangulation Station "OLAA" being
11,305.27 feet North and 8,061.53 feet East and running by azimuths measured clockwise
from True South:
1. 262° 22' 464.04 feet along Lot 2;
2. 172° 22' 40.00 feet along Lot 2;
3. 227° 58' 140.26 feet along Lot 2;
4. 172° 40' 145.13 feet along Lot 2;
5. 262° 31' 149.55 feet along Lot 1;
6. 343° 15' 40" 275.27 feet Lot 34-E, Land Court
Application 1053, and Lot 3-A, Land
Court Application 1689;
7. Thence along Lot 3-A, Land Court Application 1689, along a curve to the left
having a radius of 530.00 feet, the chord
azimuth and distance being:
338° 34' 20" 86.65 feet;
8. 333° 53' 130.00 feet along Lot 3-A, Land Court
Application 1689;
9. 77° 44' 240.00 feet;
10. 12° 16' 136.69 feet;
11. 77° 44' 175.83 feet;
12. 347° 44' 840.00 feet;
13. 39° 48' 170.13 feet along the north side of Milo Street
Extension;
14. 48° 09' 239.90 feet along the north side of Milo Street
Extension;
15. 167° 44' 1469.43 feet to the point of beginning and
containing an area of 14.901 acres.
SUBJECT, However to Easements A-2 (Being a Portion of Easement A) and B to install,
maintain, operate, repair, remove and replace any and all pipes of other structures in,
over, and across the said easements in favor of the Water Commission of the County of
Hawaii as shown on map dated May 9, 1990 prepared by Mr. Nobuchika Santo, Land
Surveyor No. 1360.
ALSO, Subject, However to Easements G and 4, a perpetual, non-exclusive easement
appurtenant to the Power Plant Site far purposes of access to ingress and egress, over and
along the said easement in favor of Hawaii Electric Light Company, Inc. as shown on
map dated May 9, 1990 prepared by Mr. Nobuchika Santo, Land Surveyor No. 1360.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 3. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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AMENDMENT TO STATE LAND USE
BOUNDARIES USE MAP
AMENDING THE STATE LAND USE BOUNDARIES MAP, H-66 FOR THE
COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM
THE AGRICULTURAL TO THE URBAN DISTRICT
AT KEAAU, PUNA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 1-fi-003:Por. 099 Date: April 24, 2003
EXHIBIT rrArr (Puna Sugar Mill, LLC:03-131)
RPunaSugarREZ.doc - 9/9/03
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
PUNA SUGAR MILL, LLC
CHANGE OF ZONE APPLICATION (REZ 03-001)
Upon cazeful review of the request, the Planning Director is recommending that a
favorable recommendation for the Change of Zone request be forwazded to the County
Council. This recommendation does not, however, sanction the specific plans as submitted with
the application as they may be subject to change given the specific code and regulatory
requirements of the affected agencies. Since this recommendation is made without the benefit of
public testimony, the Director reserves the right to modify and/or alter this posifion based upon
additional information presented at the public heazing. This favorable recommendation is based
on the following findings:
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar azeas in the
County, but ultimately, on the future development of the entire island.
The applicant is requesting a change of zone from Agricultural (A-20a) to Light
Industrial (ML-20) for approximately 14.901 acres and Agricultural (A-20a) to
Agricultural (A-Sa) for approximately 8.725 acres. The applicant has submitted a
concurrent State Land Use Boundary Amendment from Agricultural to Urban for the
14.901-acre portion of the 23.626-acre site. The requested ML-20 azea is proposed to be
subdivided into two lots to allow the renovation and use of the existing structures for
limited industrial and related uses. The requested A-Sa zoned azea will be reserved for
agricultural related uses and remain within the State Land Use Agricultural District. A
number of structures aze present on the site, including an office building occupied by
Hawaii Tropical Products and New Hope Church fronting the Milo Street extension. An
auto salvage business on the site was recently terminated, and there is a sawmill/wood
dealer occupying the wazehouse to the rear of the property. There is an undeveloped azea
formerly used for mill wash, as well as an aerator and an irrigation well on the portion of
the property of the requested A-Sa zoning.
The proposed change of zone request would be consistent with the Land Use
and Economic elements of the General Plan. The General Plan was developed to serve
as a policy guide for the coordinated growth and development of all sectors of the
County. It sets forth goals, policies, standards and courses of action to accommodate
growth without congestion, to designate and preserve the lands needed for residential use,
commercial and visitor services, industry, agriculture and open space, and to coordinate
these uses with the County's service and circulation systems. The overall Land Use goals,
policies and standards aze set forth to physically plan the lands in the County in the best
interest of the island's residents. The proposed request would also complement the goals
and policies of the Industrial sub-element of the General Plan.
The surrounding properties consist of a mix of industrial and agricultural uses
which were granted Special Permits for such uses. Surrounding properties are zoned
A-l0a and MG-l0a and consist mainly of formerly cultivated sugaz cane lands, the
HELCO power plant, vacant lands and small agricultural operations. To the northeast of
the subject property is the AMFAC Tropical Products fruit packing and papaya puree
processing facility. Across the Milo Street extension to the south and southeast is the
Greenhouse Specialists' operation and Pacific Floral Exchange. Adjacent to and east of
Pacific Floral Exchange is the Christian Liberty School. The McCully Subdivision,
zoned MCX-20, is located on TMK: 1-6-3: Por. S,immediately adjacent to and west of
the subject property. Lands further west and southwest aze primarily in residential uses.
Keaau Town Center is located less than one mile from the site.
The only existing industrial zoned lands in the Puna District aze located off
Highway 11 at the Shipman Industrial Park, approximately .7 miles from the subject
property. Effective August 19, 1986, the County Council approved the General
-2-
Industrial (MG-20) zoned district for approximately 488+ acres of land for the
development of Shipman Industrial Pazk. A portion of the Shipman Industrial Pazk has
been subdivided into increments between 1987 - 1991. There aze 881ots with average lot
size ranging from one half acre to three acres. According to Real Property Tax records,
approximately two-thirds of the lots have been sold in fee. The existing uses in the area
include heavy equipment construction base yards, building supplies base yards,
distributor warehousing, supennazket warehousing, industrial/manufacturing base yazds
and other uses. For the East Hawaii area, industrial zoned lands and activities are
primarily located in Hilo at the Hilo harbor, airport and Kanoelehua Industrial areas.
Industrial expansion since 1970 has largely occurred through the expansion and in-filling
of these areas.
The General Plan further identifies a Course of Action for industrial development
within the Puna District, that "The County shall identify sites suitable for future industrial
activities." This request would be consistent with the urban form depicted for Puna in
that it would add industrial uses serving the Keaau azea and the immediate Puna region in
close proximity to other industrial zoned districts and activities.
The reclassification action also conforms to the LUPAG Map which
designates the area for Industrial Area. The Land Use Pattern Allocation Guide
(LUPAG) Map component of the General Plan is a representation of the document's
goals, policies, standards and courses of action to guide the coordinated growth and
development of the County. It reflects a graphic depiction of the spatial relationships
among various land uses and the expressed policy statements of the document itself. The
LUPAG Map establishes the basic land use pattern for azeas within the County.
Therefore, changes and requests for amendments to the LUPAG Map must be evaluated
against applicable goals, policies and standards of the General Plan. The Industrial Area
designation includes uses such as manufacturing and processing, wholesaling, lazge
storage and transportation facilities and light industrial uses. The requested zoning
reclassification would be a reasonable expansion of industrial activities associated with
the Industrial designation and the existing industrial uses in the azea, including the
_3_
HELCO power plant and agricultural processing facilities. However, although the
Planning Director agrees with the applicant that a Limited Industrial (ML) zoning is
appropriate for the azea, the ML zoning uses also allows home improvement centers to be
constructed on the site. Home improvement centers can potentially create higher traffic
in the azea, and is ahigh-intensity retail use. Other uses allowed in the ML zoned district
are usually not high traffic generators. The applicant did not submit a traffic analysis
report, and the Planning Director is opposed to allowing a high traffic generator such as a
home improvement center on the side of the bypass highway because it would encourage
traffic to cross the bypass and thus defeats the purpose of having a bypass. For this
reason, the Planning Director and the Department of Transportation recommended against
the McCully (MCX) zoning request on the adjacent property. Therefore, a condition will
be included to prohibit a home improvement center on the site.
Since 1971, this area has been designated as an Industrial Area. During the 1989
General Plan Comprehensive Review, the Industrial Area designation was expanded by
redesignating lands in the vicinity from Intensive Agricultural and Orchards to Industrial.
The County had determined that the industrial designation would promote and encourage
additional utilization of the azea. This azea was considered for industrial expansion as a
variety of industrial uses have been established in the vicinity through the Special Permit
process:
• SPP No. 671 (Hawaii Anthurium Growers Cooperative) in August 1988, on
TMK: 1-6-03:21 for a processing and a floral packing facility.
• SPP No. 686 (HELLO) in November 1988, on TMK: 1-6-03: 93 to operate an
electric power plant previously operated by Puna Sugaz Company.
• SPP No. 707 (AMFAC Tropical Products) in June 1989, on TMK: 1-6-03:18 &
23 for a fruit packing and processing plant.
• SPP No. 418 (AMFAC Tropical Products) in March 1979 and expanded in June
1989, on TMK: 1-6-03: portions of 5 and 73 for fruit packing and papaya puree
processing facilities. Special Pennits No. 671, 707 and 418, which include
processing agricultural products grown off site, are now pernutted uses.
-4-
• SPP No. 925 (Hawaii Christian Camping Association, Inc.) in February 1996, on
TMK: 1-6-03:17, for a church, school and related improvements.
• SPP No. 931 (Greenhouse Specialists, Inc.) in February 1996, on TMK: 1-6-
03:20, for a greenhouse and nursery supply outlet.
An amendment to the State Land Use Boundary Map from an Agricultural to
Urban District is being concurrently processed for the proposed industrial development.
Upon the adoption of this amendment, the proposed change of zone request will be
consistent with the proposed Urban District designation.
The project site is situated within close proximity to schools, commercial
areas, employment centers and public safety services. The project site is located less
than one mile from the urban retail and employment azea of Keaau Town Center and the
Keaau Elementary School. Police, fire and emergency medical services aze located in
Keaau, approximately one mile from the subject properly. Keaau is centrally located at
the junction of two major highways in the Puna District, Highway 11 and the Keaau-
Pahoa Highway.
All utilities and services are or will be made available to the project site
which are essential to accommodate urban development. Access to the subject
property is from the Milo Street extension, a private roadway. The portion of the Milo
Street extension fronting the subject property is privately owned by W.H. Shipman, Ltd.
It is paved to a width of approximately 28 feet from the Keaau-Pahoa Bypass Road up to
TMK: 1-6-03: 21, fronting the subject property. By letter dated July 17, 2003, W.H.
Shipman, Ltd. has granted an easement over their private roadways. Due to the potential
impact to existing infrastructure, a condition of approval will be included to prohibit the
commencement of uses permitted under the Limited Industrial zoned district (except
those allowed under the existing Agricultural zoned district), until the completion of
construction of the required roadway, water and wastewater improvements. The
applicant will also be required to comply with the standazds outlined in Standard Details
for Public Works Construction R-34 (revised) and provide improvements to the Limited
Industrial zoned frontage of the property including the %Z section of the roadway frontage
-5-
with shoulders and continued berm treatment. According to the Depaztment of Water
Supply, water is available from the end of an existing 12-inch waterline along Milo Street
approximately 300 feet west of the subject property. In addition, there are three existing
meters servicing the property, including one 3-inch and two 1 %z-inch meters. There is no
municipal wastewater treatment facility within the azea and the wastewater system would
be required to meet the approval of the Department of Health. According to the
Department of Health, the subject property is located within 1,000 feet of a drinking
water well. Therefore, no cesspool or septic system, except for air aerobic package
treatment system, would be allowed to be installed within the 1,000-foot radius of the
water well. The applicant has stated that an aerobic treatment unit may be an alternative,
should one be necessary or required.
The project area has no severe geological or topographical problems which
cannot be properly rectified or which would render the land unusable. The subject
property is relatively level with a slight grade. According to the Flood Insurance Rate
Map (FIRM), the project azea is within Zone "X", azeas determined to be outside the
500-yeaz flood plain. The project azea is also located outside of any tsunami inundation
azea. Any new construction or improvements to the project azea must comply with
Chapter 27 of the County Code relating to Flood Hazazd Control. The subject property
was formerly cultivated in sugar cane and therefore, no endangered or threatened species
of floral or fauna or any azchaeological sites are anticipated to be found on the subject
property. There is no record of a designated public access to the shoreline or mountain
azeas traversing the property. The State of Hawaii ALISH Map classifies portions of the
azea neaz the Milo Street extension as Prime Agricultural Lands and the northern portion
of the property is Unclassified. The Land Use Study Bureau's Overall Master
Productivity Rating for the soils in the azea is "C" or "Fair". An 8.725-acre portion of the
23.626-acre property would continue to be available for further agriculture uses.
Therefore, the change of zone for this area will not be detrimental to the reduction of this
area from the agricultural land inventory in the County of Hawaii. The State Land Use
Commission has expressed a concern that the State Land Use Law may be circumvented
-6-
by allowing the 14.901-acre portion of the pazcel to be redesignated in the Urban district
with the possibility of the remaining 8.725-acre portion to be redesignated Urban in the
future. As such, a condition of approval will be included to require the applicant to
include a restrictive covenant in the deed which states that the approximately 8-acre
portion of the property in the State Land Use Agricultural district shall not be reclassified
into the Urban district for 5 years, unless the state land use law is amended to change the
mle that amendments of more than 15 acres must be approved by the Land Use
Commission.
Based on the above findings, this request for a Change of Zone from an Agricultural
(A-20a) to a Light Industrial (NIL-20) and Agricultural (A-Sa) zoned district would result in an
appropriate land use pattern and further the public convenience, necessity and general welfaze.
The accompanying draft bill to amend Section 25-8-22 (Puna District Zone Map) is
provided for your favorable consideration. Please note the proposed conditions of approval
attached to the draft bill.
~OUNT~' OF HA~AI`I STATE OF I-~A~VA_I`I
BILL NO. _
(PLANNING DEPARTMENT)
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-22 (PUNA DISTRICT ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO
LIMITED INDUSTRIAL (ML-20) AND AGRICULTURAL (A-Sa) AT KEAAU, PUNA,
HAWAII, COVERED BY TAX MAP KEY 1-6-3:99.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-22, Article 8, Chapter 25 (Zoning Code) of the Hawaii
County Code, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Keaau, Puna, H1wai'i,
shall be Limited Industrial (ML-20):
Parcel A:
Beginning at the northwest corner of this parcel of land, the coordinates of said
point of beginning referred to Government Survey Triangulation Station "OLAA" being
11,305.27 feet North and 8,061.53 feet East and running by azimuths measured clockwise
from True South:
1. 262° 22' 464.04 feet along Lot 2;
2. 172° 22' 40.00 feet along Lot 2;
3. 227° 58' 140.26 feet along Lot 2;
4. 172° 40' 145.13 feet along Lot 2;
5. 262° 31' 149.55 feet along Lot 1;
6. 343° 15' 40" 275.27 feet Lot 34-E, Land Court
Application 1053, and Lot 3-A, Land
Court Application 1689;
1
7. Thence along Lot 3-A, Land Court Application 1689, along a curve to the left
having a radius of 530.00 feet, the chord
azimuth and distance being:
338° 34' 20" 86.65 feet;
8. 333° 53' 130.00 feet along Lot 3-A, Land Court
Application 1689;
9. 77° 44' 240.00 feet;
10. 12° 16' 136.69 feet;
11. 77° 44' 175.83 feet;
12. 347° 44' 840.00 feet;
13. 39° 48' 170.13 feet along the north side of Milo Street
Extension;
14. 48° 09' 239.90 feet along the north side of Milo Street
Extension;
15. 167° 44' 1469.43 feet to the point of beginning and
containing an area of 14.901 acres.
SUBJECT, However to Easements A-2 (Being a Portion of Easement A) and B to install,
maintain, operate, repair, remove and replace any and all pipes of other structures in,
over, and across the said easements in favor of the Water Commission of the County of
Hawaii as shown on map dated May 9, 1990 prepared by Mr. Nobuchika Santo, Land
Surveyor No. 1360.
ALSO, Subject, However to Easements G and 4, a perpetual, non-exclusive easement
appurtenant to the Power Plant Site for purposes of access to ingress and egress, over and
along the said easement in favor of Hawaii Electric Light Company, Inc. as shown on
map dated May 9, 1990 prepared by Mr. Nobuchika Santo, Land Surveyor No. 1360.
PARCEL B:
Beginning at the northeast corner of this parcel of land, the coordinates of said
point of beginning referred to Government Survey Triangulation Station "OLAA" being
11,202.89 feet North and 8,918.24 feet East and running by azimuths measured clockwise
from True South:
1. 333° 53' 529.40 feet along Lot 3-A, Land Court
Application 1689;
2. 42° 33' 502.30 feet along the north side of Milo Street
Extension;
3. 35° 10' 133.60 feet along the north side of Milo Street
Extension;
4. 39° 48' 114.77 feet along the north side of Milo Street
Extension;
5. 167° 44' 840.00 feet;
6. 257° 44' 175.83 feet;
7. 192° 16' 136.69 feet;
8. 257° 44' 240.00 feet to the point of beginning and
containing an area of 8.724 acres.
SUBJECT, However to Easements C to install, maintain, operate, repair, remove and
replace any and all pipes of other structures in, over, and across the said easement in
favor of the Water Commission of the County of Hawaii as shown on map dated May 9,
1990 prepared by Mr. Nobuchika Santo, Land Surveyor No. 1360.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code, the County
Council finds the following conditions are:
(1) Necessary to prevent circumstances which maybe 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.
3
SEE ATTACHED CONDITIONS
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
-4-
C Pu naS ugarM i I I-9/9/03
PUNA SUGAR MILL, LLC
CHANGE OF ZONE APPLICATION (REZ 03-001)
CONDITIONS OF APPROVAL
A. The applicant, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. Final Subdivision Approval of the subject property shall be secured within five (5)
years from the effective date of this ordinance.
C. Prior to the issuance of a water commitment by the Department of Water Supply,
the applicant shall submit the anticipated maximum daily water usage calculations
as recommended by a registered engineer, and a water commitment deposit in
accordance with the "Water Commitment Guidelines Policy" to the Department of
Water Supply within ninety days from the effective date of this ordinance.
The applicant shall include a restrictive covenant in the deed which states that the
approximately 8-acre portion of the property in the State Land Use Agricultural
~~I~~~ district shall not be reclassified into the Urban district for 5 years, unless the state
u ~ ??~r land use law is amended to change the rule that amendments of more than 15
acres must be approved by the Land Use Commission.
E. No Home Improvement Centers may be constructed on the Limited Industrial-
zoned portion of the property.
F. Commencement of uses permitted under the Limited Industrial zoned district
except those allowed under the existing Agricultural zoned district is prohibited
until the completion of construction of the required roadway, water and
wastewater improvements.
G. Landscaping shall be provided in accordance with the requirements of Planning
Department's Rule No. 17 (Landscaping Requirements).
H. Access to the subject property shall be from the Milo Street extension under the
easement agreement as agreed to by the applicant and W.H. Shipman, Ltd.
I. The applicant shall comply with the standazds outlined in Standard Details for
-1-
A-20a - A-2Oa
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11305.27 N ~ nnG- I oa AREA= 14.901 ACRES
8 61.53E A-zOa
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-22 (PUNA DISTRICT ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A-20a)
TO LIMITED INDUSTRIAL (ML-20) AND AGRICULTURAL (A-5a)
AT KEAAU, PUNA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 1-6-OU3:099 Date: April 24, 2003
EXHIBIT "A" (Puna Sugar Mill, LLC.:1093)