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HomeMy WebLinkAboutCOM 0415.000 2002-2004Harry Kim Mayor COUNTY OF HAWAII 25 Aupunt Street, Room 215 . Hilo, Hawaii 96720-4252 . (808) 961-8211 . Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 . Kailua-Kona, Hawat'i 96740 (808) 329-5226 . Fax (808) 326-5663 November 6, 2003 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: Change of Zone Application (REZ 03-016) Applicant: State of Hawaii, Department of Land and Natural Resources Request: RS -10 to MCX-20 Tax May Key: 2-2-37:41 O z Cn c z c o Dixie Kaetsu Managing Director 71 As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action is the Planning Commission's letter and enclosures regarding the above -referenced request. Sincerely, )Ka� Harry Kim G/ Mayor L101703may Enclosures cc: Planning Department ai15 Comm. No. Ref. Toe Ref. Date 3 y . ca CJS As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action is the Planning Commission's letter and enclosures regarding the above -referenced request. Sincerely, )Ka� Harry Kim G/ Mayor L101703may Enclosures cc: Planning Department ai15 Comm. No. Ref. Toe Ref. Date Harry Kim mayor November 6, 2003 County of Hawaii PLANNING COMMISSION 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808)961-8288 • Fax(808)961-8742 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: Change of Zone Application (REZ 03-016) Applicant: State of Hawaii, Department of Land and Natural Resources Request: RS -10 to MCX-20 Tax Map Key: 2-2-37:41 The Planning Commission, after a duly held public hearing on October 17, 2003, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 2.847 acres of land from Single Family Residential (RS -10) to an Industrial - Commercial Mixed (MCX-20) zoned district. The property is located at the southwest corner of Kanoelehua Avenue and Kekuanaoa Avenue, Waiakea, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant is requesting a change of zone for 2.847 acres of land from a Single Family Residential (RS -10) to an Industrial — Commercial Mixed (MCX-20) district. The new zoning district would allow for light industrial or mixed commercial/industrial uses. The intent is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing non -industrial uses to unsafe and unhealthy environments. The subject property has remained vacant since 1978. Since that time, the State has received a number of inquiries for utilizing the property for a variety of uses including a car sales lot, gas station/retail center, a mixed use center with a restaurant, gas station, retail and industrial uses. According to the applicant, DLNR intends to offer a long-term lease or leases over this site. However, because public land Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 laws (HRS §171-13) require that the leases be sold by public auction and awarded to the highest bidder, the specific use or uses of the site cannot be determined until after the lease(s) are auctioned and awarded. 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 areas in the County. The Change of Zone request from a Single Family Residential (RS -10) to Mixed Industrial -Commercial (MCX-20) zoned district will conform to the following goals, policies and standards of the General Plan Economic and Land Use Elements. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The General Plan is intended to be used 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 goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. These state the following: LAND USE — GENERAL • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Zone urban- and rural -types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. LAND USE — COMMERCIAL Provide for commercial developments that maximize convenience to users. Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. Commercial facilities shall be developed in areas adequately served by necessary services such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. Commercial development shall be located in areas adequately served by transportation, utilities, and other amenities. Commercial developments shall provide for adequate internal circulation amongst commercial facilities in the area. LAND USE - INDUSTRIAL Designate and allocate industrial areas in appropriate proportions and in keeping with the social, cultural and physical environments of the County. It shall be the policy of the County to achieve a broader diversification of local industries by providing opportunities for new industries and strengthening existing industries. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 Through its zoning powers, the County shall locate industrial areas convenient to transportation facilities, and provide a variety of industrial zoned districts and lot sizes, depending on the needs of the industries and the communities. • Industrial development shall be located in areas adequately served by transportation, utilities and other amenities. Redeveloping or newly developing areas shall be developed in concert with programmed public and privately funded infrastructure to meet the expected needs. • 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 County shall identify sites suitable for future industrial activities. ECONOMIC 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 diversification of its economy by strengthening existing industries and attracting new endeavors. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The project area is designated Industrial on the LUPAG Map. This industrial designation includes uses such as manufacturing and processing, wholesaling, large storage and transportation facilities and light industrial uses. The MCX zoning would be consistent with the Industrial designation on the LUPAG Map for this area of Hilo. The applicant proposes a mixture of light industrial and commercial uses, which would be suitable in this area. The State Land Use designation for the subject property is Urban. The Hilo Community Development Plan (CDP) adopted in 1975 designates the area for residential Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 uses. However, this area is transitioning to commercial and light industrial uses. The advantage of this area is its location in close proximity to water, air transportation terminals, harbor facilities and the residential population of Hilo. The proposed change of zone would complement the existing industrial and commercial land uses that already exist in this area and will provide for an orderly development of the area. The current revisions to the General Plan LUPAG Map propose to redesignate a portion of the Waiakea House Lots to Industrial as the area is transitioning to industrial - commercial in character. The area bordered by Laukapu Street-Piilani Street-Hualani Street is proposed for redesignation from Low Density Urban to Industrial Area. The area bordered by Lanikaula Street-Laukapu Street-Hualani Street-Kalanikoa Street is proposed for redesignation from Low Density Urban to Industrial Area. The area bordered by Lanikaula Street-Mililani Street-Hualani Street-Laukapu Street is proposed for redesignation from Low Density Urban to Medium Density Urban for higher density residential uses and commercial activities. The MCX zoning areas that were approved or pending with the County Council are primarily along the west side of Kanoelehua Avenue. The proposed MCX zoning for the project area will complement the current General Plan LUPAG Map as well as the current revisions to the General Plan LUPAG Map. The MCX zoning designation was created when the Zoning Code was amended in 1996. In accordance with Section 25-5-130, Hawaii County Zoning Code, this district would allow a mix of light industrial and commercial uses. The intent is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing non -industrial uses to unsafe and unhealthy environments. The property is vacant and is considered public lands, As such, the applicant is required by law to sell the lease(s) by public auction and award the lease(s) to the highest bidder. Until such time, the specific use or uses of the site cannot be determined until the lease(s) are awarded. Surrounding uses are a mix of residential, light industrial and commercial uses. The immediate adjacent property to the south and west are lands zoned RS -10 and in residential uses. The immediate adjacent property to the north, on the comer of Kanoelehua and Kekuanaoa Avenue is the site of Aloha Petroleum self -serve station on ML -20 zoned lands. To the east across Kanoelehua Avenue is the Hilo International Airport on lands zoned ML -20 - Conditions of approval will be added to mitigate and minimize potential impacts to surrounding properties. As a condition of approval, the applicant would be required to comply with the requirements of minimum yards as set forth by Section 25-5-136 Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 (Minimum Yards in MCX District) of the Zoning Code, which has a minimum setback of twenty feet along front yards. This property is situated on a corner and consists of two front yards, one along Kekuanaoa Avenue and one along Kanoelehua Avenue. The applicant would be required to conform to side or rear yard requirements of the adjoining RS -10 lots that border the west and south boundaries. Further, as a condition of approval the applicant would be required to landscape the property in compliance with the Planning Department's Rule 17, regarding landscaping, to mitigate any possible impacts to surrounding residential properties and with Section 25-5-137 (Landscaping of Yards in MCX District), which states that all front yards in the MCX district shall be landscaped, except for necessary access drives and walkways. It also requires that any required side or rear yard in the MCX district adjoining a building site in an RS district be landscaped with a screening hedge not less then forty-two inches in height, within five feet of the property line, except for necessary access drives and walkways. The two remaining side yard boundaries border lots designated RS -10 and will require landscaping with a screening hedge. Comments from the Department of Public Works state that access to the subject property should be from Kanoelehua Avenue, which is under the jurisdiction of the State of Hawaii, Department of Transportation. Comments from the Department of Transportation to Brian T. Nishimura dated March 19, 2003 state that a right turn in only could be allowed from Kekuanaoa and that either one right turn in, right turn out access or one right turn in and one separate right turn out would be allowed on Kanoelehua Avenue. As a condition of approval, the applicant will be required to comply with requirements of DPW and DOT regarding driveway access, curb, gutter and sidewalk improvements. Comments for the State Department of Transportation state that their Airports Division Master Plan for Hilo International Airport recommends that the Division acquire the subject parcel of land as part of the runway protection zone for Runway 3. The applicant is aware that if the Airports Division cannot acquire the land, the Airport Division will pursue obtaining an avigation easement. As a condition of approval, the applicant will be required to comply with all applicable laws, rules, regulations and requirements of the Department of Transportation, as well as other affected agencies. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The property is located within Zone X, area determined to be outside the 500 -year floodplain. Based on comments from the Department of Public Works, all development generated storm runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. The Department of Public Works has requested a drainage study, which shall be included as a condition of Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 approval, along with any drainage improvements as required. Due to the fact that the property had been previously graded in the past, no rare or endangered plants or animals nor any archaeological sites are anticipated to be found on the subject property. Since no valued cultural, historical or native resources nor any traditional and customary Native Hawaiian rights were practiced in the area, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. There is also no public access to the mountains or the shoreline that run through the property. It is not located within the Special Management Area (SMA) and is over 1 mile from the nearest coastline. All utilities and services are available to the site. According to comments from the Department of Water Supply, the parcel currently does not have water service but water can be made available from the existing 12 -inch waterline along Kanoelehua Avenue. DWS will also require that a backflow preventer be installed. The applicant would be required to comply with this requirement. According to the applicant, the project area is within the service limits of the County wastewater disposal system. All wastewater generated will be disposed into the County sewer system. All other utilities and services are available to the subject property. Based on the above findings, approval of this change of zone request from Single Family Residential (RS -10) to Industrial -Commercial Mixed Use (MCX-20) zoned district would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, an amendment to Section 25-8-33 (City of Hilo Zone Map), of the County Zoning Code is transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 8 We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, Fred Galdones, Chairman Planning Commission Lstatedlnuez03-016#2 Enclosures cc: Peter T. Young, Director/State DLNR Mr. Brian Nishimura Department of Public Works Department of Water Supply Rodney Haraga, Director/DOT-Highways, Honolulu BState-DLNR-REZ03-016.Iwd 10-01-03 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT STATE OF HAWAII, DEPARTMENT OF LAND AND NATURAL RESOURCES -LAND DIVISION CHANGE OF ZONE APPLICATION NO. 03-016 STATE OF HAWAII, DEPARTMENT OF LAND AND NATURAL RESOURCES -LAND DIVISION has submitted an application for a change of zone for 2.847 acres of land from a Single Family Residential (RS -I0) to an Industrial — Commercial Mixed (MCX-20) district. The property is located at the southwest corner of Kanoelehua Avenue and Kekuanaoa Avenue, Waiakea, South Hilo, Hawaii, TMK: 2-2- 37:41. APPLICANT'S REQUEST Request: The applicant is requesting a change of zone for 2.847 acres of land from a Single -Family Residential (RS -10) to an Industrial— Commercial Mixed (MCX-20) district. The new zoning district would allow for light industrial or mixed commercial/industrial uses, which is consistent with the Industrial designation in the County General Plan. The intent is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing non -industrial uses to unsafe and unhealthy environments (Section 25-5-130, Zoning Code, Hawaii County Code). The subject property has remained vacant since 1978. Since that time, the State has received a number of inquiries for utilizing the property for a variety of uses including a car sales lot, gas station/retail center, a mixed use center with a restaurant, gas station, retail and industrial uses. According to the applicant, c-N�SCB,yI l I?q) Pc DLNR intends offer a long-term lease or leases over this site. However, because public land laws (HRS §171-13) require that the leases be sold by public auction and awarded to the highest bidder, the specific use or uses of the site cannot be determined until after the lease(s) are auctioned and awarded. The landowner is the State of Hawaii. The applicant has submitted the attached is support of the request. (See Exhibit A — Change of Zone Application) 2. Construction Timeframe and Cost: As stated above, by law the lease(s) must be sold by public auction and awarded to the highest bid. Until such time, the specific use or uses of the site cannot be determined until the lease(s) are awarded. GENERAL INFORMATION 3. Chapter 343, HRS: The proposed improvements are subject to the requirements of Chapter 343, Hawaii Revised Statutes, regarding Environmental Impact Statements. A Finding of No Significant Impact (FONSI) declaration was published in the June 10, 2003 bulletin of the Office of Environmental Quality Control. STATE AND COUNTY PLANS 4. State Land Use Designation: Urban. 5. General Plan LUPAG Map: Industrial (IND). 6. County Zoning: Single -Family Residential (RS -10). 7. Hilo Community Development Plan: The Hilo CDP adopted by Resolution in 1975 by the Planning Commission designates the area as RS -10. 2 8. Department of Transportation-Airports Division Master Plan: According to comments received from the Department of Transportation, the Airports Division Master Plan for Hilo International Airport recommends that the Division acquire the subject parcel of land as part of the runway protection zone for Runway 3. DLNR is aware that if the Airports Division cannot acquire the land, the Division will pursue obtaining an avigation easement. 9. Coastal Zone Management, FIRS, Chapter 205A: 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 area with respect to recreational resources, historic resources, public access to the shoreline, scenic and open space resources, coastal ecosystems, marine resources, economic uses, coastal hazards, managing development, public participation, and beach protection. The property is located approximately I mile from the nearest coastline and therefore, will not be impacted by coastal hazard and beach erosion. 10. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is not located within the Special Management Area. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 11. Subject Property: The subject property is rectangular in shape and approximately 2.847 acres in size. The property is currently vacant and zoned for single family residential use with a minimum lot size requirement of ten thousand square feet (RS -10). The property has been previously cleared and graded for the growing of orchids between 1957 and 1978. 12. Surrounding Zoning/Land Uses: To the north of the property is Kekuanaoa Avenue. Directly across Kekuanaoa Avenue is the Aloha Petroleum self-service station. Lots to the north along the Kanoelehua Avenue are zoned Limited Industial (ML -20) and Single -Family Residential (RS -10). To the west are lots bordering the subject property zoned Single -Family Residential (RS -10). To the south is a lot zoned Single -Family Residential (RS -10) and a lot zoned Limited Industrial (ML -20). To the east is the Hilo International Airport, which is zoned Limited Industrial (ML -20). 13. Land Study Bureau's Detailed Land Classification System: Urban development. 14. U.S. Soil Survey: The soils of the project area are classified as Keaukaha extremely rocky muck with 6 to 20 percent slopes (rKFD) and Papai extremely stony muck, 3 to 25 percent slopes (rPAE) by the U.S. Department of Agricultural Soil Conservation Service Soil Survey. The Keaukaha soil series consists of well drained, thin organic soils over pahoehoe lava bedrock. The Papai soil series consists of well -drained, thin, extremely stony organic soils over fragmented A'a lava. 15. FIRM: Zone "X", area determined to be outside the 500 -year flood plain. 0 16. Flora/Fauna Resources: According to the applicant, the entire property has been previously cleared and graded. The property has remained vacant since 1978. The vegetation that is presently on the site consists primarily of a mixture of grasses and weeds. No candidate, proposed, or listed threatened or endangered species as set forth in the Endangered Species Act of 1973, as amended are known to this area and given the extent of prior disturbance by earthmoving equipment and agricultural use, it is highly unlikely that any are present on the subject property. 17. Archaeological/Historical/Cultural Resources: The entire property has been previously cleared and graded. Given the extent of prior modification by earthmoving equipment, it is highly unlikely that any historic sites or buried cultural deposits remain on the property. The Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD) submitted a comment stating that they believe that previous grubbing/grading has altered the land and they believe that "no historic properties will be affected' by this undertaking. 18. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. 19. Commercial/Industrial Rezonings in the Vicinity: Along Kanoelehua Avenue, within the immediate vicinity, the following rezonings have been approved: A. TNM: 2-2-35:64: Ordinance No. 857 (REZ 428) effective 3/16/83 from RS -10 to ML -20 for Rainbow Petroleum Co., presently the site of the Aloha Petroleum self-service station. B. TMK: 2-2-35:62: Ordinance No. 85-10 (REZ 486) effective 2/25/85 from RS -10 to ML -20 for Tracy Lewis, presently the site of the Tracy Lewis Building. C. TMK: 2-2-37:48: Ordinance No. 78-397 (REZ 312) effective 11/21/78 from RS -10 to ML -20 for Hawaii Petroleum Distributors, Inc., presently the site for Minit Stop self service station. PUBLIC UTILITIES AND SERVICES 20. Traffic: Kanoelehua Avenue is a two-way, six -lane, divided State roadway that fronts the eastern boundary of the subject property. Kekuanaoa Avenue is a two- way, two-lane County roadway that fronts the northern boundary of the subject property. Kekuanaoa Avenue also has a right tum lane and left turn lane at the intersection. A traffic impact report measured the existing traffic levels for the Kanoelehua Avenue and Kekuanaoa Avenue intersection. This report was prepared for the Draft Environmental Assessment, Hilo International Airport Project No. AH1011-03 by Wilson, Okamoto & Associates in September 2001. According to the applicant, the proposed use of the subject 2.847 acre parcel for industrial/commercial purposes is not anticipated to have any adverse impact on the roads and traffic circulation in the area. Any potential impacts may be mitigated by complying with the requirements of the County Department of Public Works and the State Department of Transportation. 21. Access: Access to the subject property will be from Kanoelehua Avenue and/or Kekuanaoa Avenue. Curb, gutter and sidewalk improvements have been constructed along Kanoelehua Avenue. 22. Water: According to comments from the Department of Water Supply, the parcel currently does not have water service but can be made available from the existing 12 -inch waterline along Kanoelehua Avenue. 23. Wastewater: According to the applicant, the project area is within the service limits of the County wastewater disposal system. All wastewater generated will be disposed into the County sewer system. 24. Drainage: According to comments from the Department of Public Works, the subject parcel is in an area designated as Zone X, an area determined to outside the 500 -year flood plain. 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 the approval of the Department of Public Works. 25. Essential Utilities and Services: Electric, telephone and cable are available to the project site. The nearest Fire Station is located approximately one mile away on Kea'a Street. The main Police Station is located approximately 1.5 miles away. Hilo Hospital is located approximately 3.1 miles away. AGENCIES' COMMENTS 26. Department of Land and Natural Resources -Historic Preservation Division (August 4, 2003 Memo): "We believe that there are no historic properties present — previous grubbing/grading has altered the land. Thus, we believe that "no historic properties will be affected" by this undertaking." 27. Police Department (July 23, 2003 Memo): 7 "Staff has reviewed the above -referenced application and has no objection to the project. However, based on the location of the subject parcel, access should only be from Kanoelehua Avenue." 28. Department of Public Works (See Exhibit B — August 11, 2003 Memo) 29. Department of Water Supply (See Exhibit C — August 11, 2003 Memo) 30. Civil Defense Agency (See Exhibit D— August 6, 2003 Memo) 31. Department of Transportation (See Exhibit E — August 19, 2003 Letter) AGENCIES - NO COMMENTS 32. Department of Environmental Management and Fire Department. AGENCIES - NO RESPONSES 33. Real Property Tax Office and Department of Health. APPLICANT'S RESPONSE 34. The applicant has submitted a response letter to comments received from the Department of Public Works, Police Department, Department of Water Supply, Civil Defense Agency and the State Department of Transportation. (See Exhibit F — Letter Dated October 2, 2003) PUBLIC COMMENTS 35. The Planning Department has not received any written comments or objections from the general public or adjacent landowners on the subject applications BRIAN T. NISHIMURA, PLANNING CONSULTANT 101 Aupuni St., Ste. 217 Hilo, HI. 96720-4221 Phone: (808) 935.7692 Fax: (808) 935-6126 e-mail: btnishi@interpac.net r"T '� I I Is To: Mr. Christopher J. Yuen, Director County of Hawaii Planning Department CC: Keith Chun, DLNR, Land Division From: Brian T. Nishimura Date: July 14, 2003 '603 JU6 15 A(6 J 1 08 Re: Change of Zone Application for the State of Hawaii, Department of Land and Natural Resources, Land Division TMK (3) 2-2-37:41 Attached for your review and processing is a Change of Zone Application for the State of Hawaii, Department of Land and Natural Resources, Land Division for TMK: (3) 2-2-37:41. This submittal includes the following: 1. The original and twenty copies of the completed application form and appropriate zoning questionnaire. The required "Background and County Environmental Report' information is included in the enclosed Final Environmental Assessment and Finding of No Significant Impact. (See item no. 2 below) 2. The original and twenty copies of a Final Environmental Assessment and Finding of No Significant Impact which was filed with the Office of Environmental Quality Control on June 10, 2003, in compliance with the requirements of Chapter 343, Hawaii Revised Statutes. The Final Environmental Assessment also includes the required background information and location map. 3. The original and twenty copies of a scale drawn Survey Map of the subject property in lieu of a plot plan of the property. (This is because there are no existing or proposed structures or improvements on the property at this time.) 4. One copy of a full-size (2'x 3') Survey Map in lieu of a plot plan. 5. A list of names, addresses and tax map key numbers of all surrounding property owners who are required to be notified. EX IBI'6�'f 6. A legal description of the property in map and written form by metes and bounds certified by a surveyor. 7. A State of Hawaii Requisition and Purchase Order for $500.00 to cover the filing fee. Thank you for your assistance In processing this application. Should you have any questions regarding this transmittal, please do not hesitate to contact me. e Page 2 STATE O NAu REQUISITION & PURCHASE ORDER IEPARTMENT OF LAND AND NATURAL RESOURCES DI Q- I_D ORGANIZATION FUNCTION AND ACTIVITY NOTICE TO VENDORS Conditions of purchase are listed on the back side of this purchase order. Please read carefully. Payments may be delayed if all steps are not followed. COUNTY DIRECTOR OF FINANCE 25 Aupuni Street Room 118 Hilo, Hawaii 96720 The State of Hawaii is an EQUAL EMPLOYMENT OPPORTUNITY and AFFIRMATIVE ACTION employer. We encourage the mdieieation of women and minorities in all phases of employment. DUAN. I UNIT DESCRIPTION PSF# 02HD-503 E ORDEt. rt0. C00528 �- 070803 Deliver Before DELIVERY ADDRESS BILLING ADDRESS Filing fee for application to rezone approximately 2.847 acres of State-owned lands in Waiakea, South Hilo, Hawaii from RS-10(residential) to MCX-20 (r.,ixed inidustrii commercial) ( State pays) Dierdre S. K., u:; )026-0 1 VOUCHER NUMBER PRICE I I AUTH TIG Kare M tsunaga �AUTHORIZED SIGNATURE FOR DEPARTMENT USE ONLY AMOUNT $500_00 K TC F VR APP D OBJECT CC PROJ NO. PH ACT ESTIMATED COST ACTUAL COST M R OPT DEPT DATA C XXX X XX XXX XX X X X X X X X X X X X X X X X X X X X XX X X X X X X X XX; XX XX X X X X X X X X X;XX X XXXXXXXXXXXX L 621 S 318 C 7180 0520 000000 0 050 $500.00 STATE ACCOUNTING FORM C-03 maru se nsq A7f2Nin1 ) CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested i>Fe7gm1 #ort}1 i 1 6 APPLICANT: State APPLICANT'S SIGNATURE ADDRESS: Attention: Keith Chun, Development M< LIST APPLICANT'S INTEREST IF NOT OWNER: Natural Resources DATE: 7/,j /0 3 ivision, P.O. Box 621, Honolulu, Hawaii 96809 LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: Peter T. Young, Chairperson PHONE:(Bus.) (808) 587-0405 (Res.) LAN-DOWNER(S): State of Hawaii, De qirjtment of LANDOWNER SIGNATURE(S): ` (May be b, LAN-DOW\TER(S) ADDRESS: Land Division. P.O. (Fax) (808)587-0390 DATE: 717 / 0.3 REQUEST: RS -10 To MCX-20 (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 2-2-37:41 STREET ADDRESS OF PROPERTY: None SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 2.847 Acres AGENT: Brian T. Nishimura, Planning Consultant ADDRESS: 101 Aupuni Street. Suite 217, Hilo, Hawaii 96720 TELEPHONE: (Bus.) (808) 935-7692 (Res.) (808) 935-7486 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Applicant COPIES: (See Instructions on Reverse Side) (Fax) (808)935-6126 ATTAr9M7KT Commercial, RM, Resort, & Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE if your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? No 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 _o subdivide? _Tnto what lot sizes? C if your request is approved, appro:iimately how long after the date of approval do you e_�pect to submit vour subdivision plans to the Planning Department for preliminary approval? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 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? Cl- Keep it? e. other (please state) The subject lands are "public lands" and is subject to Chapter 171, Hawaii Revised Statutes (HRS). Upon approval of the change of zone request, the Applicant intends to offer a long—term lease or leases over this site. However, HRS 171-13 requires that the leases of public lands be sold by public auction and awarded to the highest bidder. Therefore, the specific use or uses of the site cannot be determined until after the lease(s) are auctioned and awarded. 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 lard to another party. 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 information which you feel might help us in evaluating your request. Please see the response to question 2e. 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. Although a specific study has not been performed for the subject property, the State has received a number of inquiries for utilizing the property. The proposed uses have included a car sales lot, gas station/retail center, a mixed use center with a restaurant, gas station, retail and industrial uses. Based on the number and types of inquiries received, the State believes that there is sufficient demand to support the change of zone request to the industrial—commercial mixed use district for the subject property. -9- 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. A Final Environmental Assessment/Finding of No Significant Impact (FONSI) for the proposed action was published in the June 23, 2003 edition of "The Environmental Notice". Short term impacts anticipated from the proposed action include increased noise levels, dust and exhaust from machinery involved in the installation of the project improvements. The lessee(s) of the property will be required to comply with all applicable state and County requirements including the. State Department of Health regulations and any requirements to utilize best management practices to minimize impacts. Potential long term impacts include drainage, road- ways and traffic issues which will be addressed through the compliance with requirements of the Department of Public Works and the State Department of Transportation. a. Are there any buildings on the subject area? No if so, what kind? What do you intend to do with those buildings if your request is approved? Is the subject land currently being used for any agricultural activity? No if so, please list the kinds of products grown on and how many square feet or acres of land per product? -3- 3 To your knowledge, has there been any flooding and;or drainage problem on the subject area? No If so, please describe the problem. ?. Do you think that the roads leading to the sub-ect area needs improvement? *As explained in the response to question 2e, the specific use(s) of -TWE -site If so, ,ahat kind? will not be determined until after the lease(s) are auctioned and awarded. The County Department of Public Works (DPW) and State Department of Transportation (DOT) have provided comments that certain improvements may be required, which comments are included in the Final Environmental Assessment. The lessee(s) of the property will be required to comply with all applicable DPW and DOT requirements. Is the road adequate for the proposed traffic volume or load- Yes What sort of governmental assistance and/or i-provements do you `eel will be needed in the subject area when developed? yes No a. Schools X Roads See response to question 9. -4- Sewer A d. Drainage X X e. Police Protection X f. Fire Protection X Recreational Facilities g X h. Recreational Facilities -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 sub-'ect area? If so, what were the results? Please, also, submit a copy of the study together with this change of zone supplement. No specific historic sites study has been performed for the subject property. Commenting on a previous proposal for the subject property, the State Historic Preservation Division provided the following comments in a letter dated November 5, 1991: "This parcel is an existing subdivision and probably has had its land surface disturbed. This area of Hilo vas once forest, with few historic sites. Surveys in nearby areas have found no historic sites. Given these factors, we expect the project to have o effect' on significant historic sites." r Signature: ) Dept De of Lan an ' -Natural Resources Address: pBOZ 96809 Telephone: (808) 587=040 Date: -7 Co 3 -5- ME KANOELEHUA-KEKUANAOA PROTECT Waiakea, South Hilo, Hawaii JUNE, 2003 13:7071190D ;Ii7:; STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL LAND DIVISION P.O. Box 621 Honolulu, Hawainif 96809-0621 rOff'00-97-M BRIAN T. NISHIMURA, PLANNING CONSULTANT 101 AUPUNI STREET SUITE 217 HILA, HAWAII 967204221 TABLE OF CONTENTS 1. INTRODUCTION .................... ....................................................................................................................... 1 1.1 Purpose...........................................................................................................................................................1 1.2 Identification of Proposing Agency......................................................... ...... _.......................................... _... 1 1.3 Identification of Approving Agency ................................... ........................................................................... 1 1.4 Technical Description................................................................................._.......................».........................1 1.5 Project Background ..................... _.............................................. ................................................................... 4 1.5.1 Need for the Project................................................................................................................................. 4 1.5.2 Land Use Designations ....................... _.................................................................................................... 4 1.5.3 Listing of Permits and Approvals ............................ ............. _................................................................. 4 1.6 Agency and Public Consultation.................................................................................................................... 5 2. ENVIRONMENTAL SETTING ........... ............................................................... ............... _.......................... 6 2.1 Physical Environment ................................ :...................................... _............ ».............. ............. _................. 6 2.1.1 Geology and Hazards _.......... »................................................................................................................. 6 2.1.2 Soils..........................................................................................................................................................6 2.1.3 Climate..............................................»..................................................................................................... 7 2.1.4 Hydrology and Drainage.......................................................................................................................... 7 2.1.5 Water Quality .......................................................................................................................................... 8 2.1.6 Flora and Fauna ........................................................ _..... _...................................................................... 8 2.1.7 Air Quality ............................................................................................................................................... 9 2. 1.8 Noise......................................................................................................................................................... 9 2.1.9 Scenic Resources....................................................................................................................................10 2.2 Social, Cultural and Economic Setting......................................................................................................... I0 2.2.1 Socio -Economic Characteristics............................................................................................................ 10 2.2.2 Adjacent Land Uses............................................................................................................................... 11 2.3 Public Facilities and Services.......................................................................................................................11 2.3.1 Roads ... ..................................................... _...................... ...................................................................... 11 2.3.2 Water System.........................................................................................................................................12 2.3.3 Protective Services................................................................................................................................. 13 2.3.4 Schools....................................................................................................................................................13 2.3.5 Power and Communication Systems..................................................................................................... 13 2.3.6 Wastewater............................................................................................................................................ 13 2.3.7 Solid Waste............................................................................................................................................ 14 2.4 Archaeology, Historic and Cultural Resources ................ _................................ ......................................... 14 3. SUMMARY OF POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS AND PROPOSED MITIGATION MEASURES...................................................................................................16 3.1 Overview....................................................................................................................................................... 16 3.2 Short Term Impacts.....................................................................................................................................16 3.J.J49Jlg.1fxM.1MPAA...........................................................................................................................1.A 4. ALTERNATIVES.............................................................................................................18 4.1 No Action Alternative..................................................................................................................................18 4.2 Alternative Uses............................................................................................................................................ 18 5. DETERMINATION, FINDINGS AND REASONS FOR SUPPORTING DETERMINATION ..............19 5.1 Significance Criteria..................................................................................................................................... 19 5.2 Findings........................................................................................................................................................21 5.3 Reasons Supporting Determination............................................................................................................21 1. Introduction 1.1 Purpose The State of Hawaii, Department of Land and Natural Resources (DLNR), is the owner of approximately 2.847 acres of land in Waiakea, South Hilo, Hawaii, Tax Map Key: (3) 2-2-37: 41. The subject property is currently vacant and DLNR intends to offer a long-term lease or leases over the property by public auction. DLNR will submit a change of zone application to the Hawaii County Planning Department to allow for light industrial or mixed commercial/industrial uses. The purpose of this Environmental Assessment is to comply with the requirements of Chapter 34 3, Hawaii Revised Statutes (HRS) which are triggered by the use of State land. 1.2 Identification of Proposing Agency W. Peter Young is the Chairperson of the Board of Land and Natural Resources. The mailing address for the Department of Land and Natural Resources is P.O. Box 621, Honolulu, Hawaii 96809. 13 Identification of Approving Agency In accordance with Chapter 343, HRS, the Department of Land and Natural Resources is also the appropriate accepting authority of the Environmental Assessment. 1.4 Technical Description Tax Map Key No. (3) 2-2-37: 41 consists of six separate lots which total approximately 2.847 acres of land situated on the southwest corner of Kanoelehua Avenue and Kekuanaoa Avenue, Waiakea, South Hilo, Island of Hawaii. The six lots include the remainder of lot 2 as well as lots 4, 6, 8, 10 and 12, Block 30, of the Waiakea House Lots, I' Series. (Please see the attached location map and tax plat map) The subject property is currently vacant and zoned for single family residential use with a minimum lot size requirement often thousand square feet (RS -10). DLNR will submit a change of zone application to the Hawaii County PlanningDepartmentto allow for light industrial or mixed commercial/industrial uses (i.e., MCX zoning district) which is consistent with the Industrial designation in the County General Plan. Upon approval of the change of zone request, DLNR intends to offer a long-term lease or leases over the property by public auction. The industrial -commercial mixed use district (MCX) is intended to "provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing non -industrial uses to unsafe and unhealthy environments. This district is intended to promote and maintain a viable mix of light industrial and commercial uses." (Section 25-5-130, Chapter 25, Zoning Code, Hawaii County Code) A complete list of uses permitted in the MCX district is provided in Appendix A. K 1L0 4 13 Aa L B ICult:'a 4I 2.000 1.000 0 2,000 4.000 NarTM APPROXIMATE SCALE IN FEET PREPARED BY: C. BROWN FIGURE 1 — LOCATION MAP PROJECT NUMBER: 2320—OOF DATE: June 2002 Source: Edward K Node and Associates, Inc. 2002 pN° Edward K. Nada and Asso6ateq Inc. ! KEK!/ANA OA AVEMY. o' li;� t OI:,' xl i levy x Z 13 } �.;' a Fi _ � g g � • Ir Kar•f •� ! .i:33 f <•..s o awew N 6n /nrCr I� $ � � CNMI Sh.MI. er=oaj eueef s � M •N Jnr• ter'• � � •.yt .rw. pNea/•J'�, ; y "]^ <l r•/sor 1.110 \ 4nif• K Ir Owyr i u � 2r �„$ py I a PROJECT LOCATION A 0 S�. u=./ g s �_ >a� ��t j® _...___ �, i:.,IN � <O i � .z _g c • a � S ` � < .t a it � ; �' fy.w••e•. it �;+ �, ' < ` _ f o- • Or ora T4s f Ib 2 G p���ff=® 6.. /I% ,Gi ' 1 Q � i �( • i •�..%l�rq.py ; ^ tc'...•,'4�`=•_.ri .r 'C,= rr..•. r'p C ,n L �M Y �\ 1 r O..pp y a /•rr= P! • Gwr. /orf/ a{cye/t n o j_ i.l' _.h Z Far;xl o,�I •_ i ; THIRD TAXATION DISTRICT PWT 2 2 37 41 4 400 200 0 400 800 namri APPROXIMATE SCALE IN FEET FIGURE 2 - TMK LOCATION MAP REFERENCE: Hawaii County, Real Property Tax Division, Tax Maps For TMK: (3) 2-2-37: 41; (02000, Experian Information Solutions, Inc. PREPARED BY: C. BROWN PROJECT NUMBER: 2320—OOF DATE: June 2002 Edward K. Noda I and Associates, Ina Source: Edward K Node and Associates, Inc. 2002 ki t OI:,' xl i S�. u=./ g s �_ >a� ��t j® _...___ �, i:.,IN � <O i � .z _g c • a � S ` � < .t a it � ; �' fy.w••e•. it �;+ �, ' < ` _ f o- • Or ora T4s f Ib 2 G p���ff=® 6.. /I% ,Gi ' 1 Q � i �( • i •�..%l�rq.py ; ^ tc'...•,'4�`=•_.ri .r 'C,= rr..•. r'p C ,n L �M Y �\ 1 r O..pp y a /•rr= P! • Gwr. /orf/ a{cye/t n o j_ i.l' _.h Z Far;xl o,�I •_ i ; THIRD TAXATION DISTRICT PWT 2 2 37 41 4 400 200 0 400 800 namri APPROXIMATE SCALE IN FEET FIGURE 2 - TMK LOCATION MAP REFERENCE: Hawaii County, Real Property Tax Division, Tax Maps For TMK: (3) 2-2-37: 41; (02000, Experian Information Solutions, Inc. PREPARED BY: C. BROWN PROJECT NUMBER: 2320—OOF DATE: June 2002 Edward K. Noda I and Associates, Ina Source: Edward K Node and Associates, Inc. 2002 ki 1.5 Project Background 1.5.1 Need for the Project The subject property has remained vacant since 1978 when a lease to Oda Orchards, Inc. was discontinued. Since that time, the State has received a number of inquiries for utilizing the property for a variety of uses including a car sales lot, gas station/retail center, a mixed use center with a restaurant, gas station, retail and industrial uses. These potential developers have been stymied by the uncertainty and length of time involved in completing an environmental assessment and change of zone application before the property can be developed for industrial or mixed commercial/industrial uses. DLNR continues to receive inquiries for parcels suitable for industrial or mixed commercial/industrial uses and believes that the subject property will be ideal for these uses. To address these concerns and allow the site to be put to productive use, DLNR will submit a change of zone application to the Hawaii County Planning Department to allow for light industrial or mixed commercial/industrial uses, i.e., MCX zoning district. Upon approval of the change of zone request, DLNR intends to offer a long-term lease or leases over this site. t However, because public land laws (HRS §171-13) require that the leases be sold by public auction and awarded to the highest bidder, the specific use or uses of the site cannot be determined until after the lease(s) are auctioned and awarded. Therefore, the impacts discussed in this Environmental Assessment are discussed in general terms based on potential impacts that could result from any of the uses permitted in the MCX zoning district. 1.5.2 Land Use Designations The subject property is situated within the State Land Use Urban District. The County General Plan Land Use Pattern Allocation Guide Map (LUP AG) designation for most of the project area is Industrial. The County zoning designation for the property is Single Family Residential 10,000 (RS -10). The project area is not situated within the County's Special Management Area (SMA). 1.5.3 Listing of Permits and Approvals Federal None State of Hawaii Department of Health Department of Transportation County of Hawaii County Council Department of Public Works Underground Injection Control Approval of Drywells Approval of Driveway Connection(s) Approval of Change of Zone Request Approval of Project Construction Plans 1 The subject property currently consists of six lots, which may be consolidated and resubdivided in the future. Department of Water Supply Planning Department 1.6 Agency and Public Consultation Approval of Project Construction Plans Plan Approval Approval of Project Construction Plans The following public and private organizations and individuals were consulted during the preparation of this environmental assessment: United States Fish and Wildlife Services, Division of Ecological Services State of Hawaii, Department of Land and Natural Resources, Historic Preservation Division State of Hawaii, Dept. of Land and Natural Resources, Division of Forestry and Wildlife State of Hawaii, Department of Health State of Hawaii, Department of Transportation State of Hawaii, Office of Hawaiian Affairs State of Hawaii, Department of Hawaiian Home Lands County of Hawaii, Planning Department County of Hawaii, Department of Public Works County of Hawaii, Department of Environmental Management County of Hawaii, Department of Water Supply County of Hawaii, Police Department County of Hawaii, Fire Department Mr. Keith Akiyama, President — Kanoelehua Industrial Area Association Mr. Bernard A. Kratky — adjacent property owner, TMK: (3) 2-2-37:34 Robert & Sharon Alapai — adjacent property owner, TMK: (3) 2-2-37: 35 Shigeko Okumura Trust — adjacent property owner, TMK: (3) 2-2-37: 36 Shoko Nagasawa & Jun Ishimine - adjacent property owner, TMK: (3) 2-2-37: 37 Joshua Bryant & Lisa Anderson - adjacent property owner, TMK: (3) 2-2-37: 38 Yvonne K. Kaneshiro - adjacent property owner, TMK: (3) 2-2-37: 39 Kavana Homes, Inc. c/o Peter Vana - adjacent property owner, TMK: (3) 2-2-37: 40 Frank S. Fujimoto Family TR. - adjacent property owner, TMK: (3) 2-2-37: 47 Aloha Petroleum Ltd. — property owner across Kekuanaoa Ave., TMK (3) 2-2-35 64 2. ENVIRONMENTAL SETTING 2.1 Physical Environment 2.1.1 Geology and Hazards Environmental Setting The project area is located on the lower northeastern slopes of Mauna Loa and consists of the Kau volcanic series (Stems and Macdonald, 1946). The Kau volcanic series consists mainly of basaltic lava flows. The volcanic hazard as assessed by the United States Geological Survey for the project area is "3" on a scale of ascending risk 9 to 1 (Heliker 1990). Zone "3" includes the lower slopes of Mauna Loa- which are "gradationally less hazardous than Zone 2 because of greater distance from recently active vents and/or because the topography makes it less likely that flows will cover these areas." The island of Hawaii is one of the most seismically active areas in the world and has experienced more than twenty large earthquakes (magnitude 6 or larger) over the past 166 years. (Wyss and Koyanagi, 1992) Magnitude 6 earthquakes can be expected to cause structural damage to non -reinforced buildings. The Building Code rating for the entire island of Hawaii is seismic Zone 4 which has the highest risk for seismic activity. Impacts and Mitigation Measures The proposed industrial or mixed commercial/ industrial use of the subject property will not expose the lessee(s) or the general public to any additional hazard risk that does not already exist for the entire city of Hilo. The volcanic hazard risk is relatively low and the same as any other alternative site that could be utilized for the same purpose in the city of Hilo. The Hawaii County Building Code requires that all new structures be designed to resist forces to seismic Zone 4 standards. 2.1.2 Soils Environmental Setting The soils of the project area are classified as Keaukaha extremely rocky muck with 6 to 20 percent slopes (rKFD) and Papai extremely stony muck, 3 to 25 percent slopes (rPAE) by the U.S. Department of Agriculture Soil Conservation Service (SCS) Soil Survey. (U.S. Soil Conservation Service 1973) The Keaukaha soil series consists of well drained, thin organic soils over pahoehoe lava bedrock. The Papai soil series consists of well -drained, thin, extremely stony organic soils over fragmented A'a lava. The Agricultural Capability Subclass rating for both soils is VIIs which includes soils having very severe limitations that make them unsuited for cultivation and that restrict their use largely to pasture or range, woodland, or wildlife. Impacts and Mitigation Measures The project area has been previously graded and is relatively flat. As such, the potential for soil erosion is negligible. In addition, all construction activities will comply with the applicable requirements of the State Department of Health and the Department of Public Works. 2.13 Climate Environmental Setting Hawaii's climate is generally characterized as mild with uniform temperatures, moderate humidity, and two identifiable seasons. The "summer" season, between May and October is generally warmer and drier. The "winter" season, between October and April is cooler and wetter. The project area is situated along the "windward" side of the Island of Hawaii which is exposed to northeasterly trade winds that causes relatively high rainfall (over 150 inches annually). The average monthly minimum temperature in Hilo ranges from the mid 60's to 70 degrees Fahrenheit while the average monthly maximum temperature ranges from the high 70's to the high 80's. (University of Hawaii Press, 1983) Impacts The climatic conditions of the project area will not have a significant impact on the proposed project. 2.1.4 Hydrology and Drainage Environmental Setting The project area is within the Hilo aquifer system which has a sustainable yield of approximately 347 million gallons per day. In fiscal year 1993-94 daily withdrawals from the Hilo aquifer system averaged approximately 90.8 million gallons per day. (This figure includes large amounts of water used for hydroelectric and steam power generation plants as well as for industrial cooling,) According to the Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency dated September 16, 1988, the project area is situated within Flood Zone "X" (areas determined to be outside the 500 year flood plain). Impacts and Mitigation Measures The proposed use of the subject 2.847 acre parcel for industrial/commercial purposes is not anticipated to have any significant adverse impact on hydrology and drainage. Any potential impacts may be mitigated by complying with State and County regulations. The Department of Public Works provided the following comments regarding drainage: • "All development -generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage report shalt be prepared, and the recommended drainage system shall be constructed meeting with the approval of the Department of Public Works." The State Department of Health commented that, "Underground Injection Systems (Ph. 586- 4258) which receive wastewater or storm run-offs from the proposed development need to address the requirements of Chapter 23, Hawaii State Department of Health Administrative Rules, Title 11, `Underground Injection Control'." 2.1.5 Water Quality Environmental Setting The Waiakea Pond is the closest water body to the project area and is situated approximately 3/4 of a mile northwest of the subject property. The nearest coastal waters are situated approximately 7/8 of a mile northwest of the project site. Impacts The proposed project is not expected to have any direct impact on any streams or marine waters. 2.1.6 Flora and Fauna Environmental Setting The entire property has been previously cleared and graded for the growing of orchids between 1957 and 1978. The property has remained vacant since 1978 except for a brief period in 1997-1998 when the property was utilized as a contractor's base yard for two roadway improvement projects. The vegetation that is presently on the site consists primarily of a mixture of grasses and weeds including Hilo grass Paspalum conjugatum Berg., Natal redtop Rhynchelytrum repens (Willd.) Hubb., Molasses grass Melinis minutiJlora P. Beauv., California grass Brachiaria mutica, Guinea grass Panicum maximum Jacq. and sensitive plant Mimosa pudica L. There are a few trees and shrubs including African tulip Spathodea campanulata, gun powder Trema orientalis (L.) Blume, Melochia umbellate (Houtt.) Stapf and Coconut palm Cocos mucifera L. No candidate, proposed, or listed threatened or endangered species as set forth in the Endangered Species Act of 1973, as amended are known from this area and given the extent of prior disturbance by earthmoving equipment and agricultural use, it is highly unlikely that any are present on the subject property. Although a faunal survey was not conducted, it is highly unlikely that any candidate, proposed, or listed threatened or endangered species would be found on the project site. This is due to the extensive prior disturbance of the project site by earthmoving equipment and the extensive urban development surrounding the project site including major streets, residences, commercial and industrial businesses. Impacts Based on the extensive prior disturbance of the project site, it is highly unlikely that any candidate, proposed, or listed threatened or endangered species as set forth in the Endangered Species Act of 1973 as amended are present on the subject property. As such, the proposed project will not have any significant impact on any protected or native plant or animal species. 2.1.7 Air Quality Environmental Setting The air quality of the subject area is affected by pollutants derived from the volcanic emissions from the ongoing Kilauea emption. Other sources of air pollutants to a limited degree include vehicle exhaust emissions along the neighboring streets. In general, however, the ambient air quality of the project area meets all federal and state standards as evidenced by its designation as an "attainment' area by the State Department of Health, Clean Air Branch. Impacts and Mitigation Measures Short tem impacts will result from the construction activity involved with developing the subject property including dust and exhaust from machinery and vehicles. Given the temporary nature of the construction time period, the potential impacts of these construction activities should be minimal. In addition, the lessee(s) of the property will be required to comply with all applicable state and County requirements, including the requirements to utilize best management practices to minimise dust impact and comply with provisions of Hawaii Administrative Rules, Chapter 11-60.1, "Air Pollution Control," and Section 11-60.1- 33, Fugitive Dust. In addition, the uses allowed in the Industrial -Commercial Mixed District (MCX) are limited to those which will not expose non -industrial uses to unsafe and unhealthy environments. As such, the proposed action will not have a significant long term impact on the air quality of the surrounding area. 2.1.8 Noise Environmental Setting Existing noise levels at the project site are typical of a commercial/industrial district fronting on a major thoroughfare. Existing noise levels were estimated by a noise study prepared for the Draft Environmental Assessment, Hilo International Airport Project No. AHI 011-03 by Y. Ebisu & Associates in September, 2001. Two noise level estimates were provided for two different locations on the subject property and indicated noise levels of 58.3 DNL and 58.8 DNL, respectively. These noise levels were influenced by aircraft operating at the nearby airport as well as traffic on the highway. (The noise descriptor currently used by federal agencies to assess environmental noise and is the "Day -Night Average Sound Level' or DNL.) These noise levels are considered to be "moderate exposures" by federal standards and well within guidelines for commercial, industrial and other non -noise sensitive land uses. Impacts and Mitigation Measures Temporary noise impacts will occur from construction activities for the development of the property and are unavoidable. Mitigation measures can be taken, however, to minimize noise impacts including the use of mufflers and implementing construction curfew periods. All project activities must comply with the Administrative Rules of the Department of Health, Chapter 11-46, on "Community Noise Control'. 2.1.9 Scenic Resources Environmental Setting The predominant scenic views in the vicinity of the project area are of Mauna Kea and Mauna Loa. These views will not be adversely affected by the development of the project site for industrial/commercial uses. Impacts The open space and scenic resources in the vicinity of the project area will not be adversely affected by the development of the project site for industrial/commercial uses. 2.2 Social, Cultural and Economic Setting 2.2.1 Socio -Economic Characteristics Setting Hawaii County's population increased by more than 56,000 persons between 1980 and 2000. Between 1980 and 1990, Hawaii Island's population increased by 30.7 percent, and increased by 23.6 percent between 1990 and 2000. The April 1, 2000 population figure for Hawaii County was 148,677 according to census figures compiled by the County of Hawaii, Department of Research and Development. The South Hilo district had a population of 47,386 in 2000 which represented approximately 32 percent of the total population for Hawaii Island. The City of Hilo is the largest population center on the island with the main offices of the county government, branch offices of federal and state agencies located there. The island's major deep draft harbor and international airport are also located in Hilo. In addition to industrial, commercial and social service activities, the University of Hawaii at Hilo and Hawaii Community College and affiliated research programs play an important role in Hilo's economy. Hilo and the rest of the east Hawaii communities are adjusting to the loss of the sugar industry in the mid 1990's. Industrial activities that remain include quarrying, construction material manufacturing and fabrication, storage, wholesaling facilities, garment manufacturing, processing and packaging of agricultural products and supportive services to businesses. Although the district enjoys some economic benefit from tourism, much of it is indirect through the spin-offs from the primary tourism activity in West Hawaii. Impacts The proposed change of zone and subsequent availability of the subject property for industrial/commercial uses will help address a small portion of the demand for industrial/commercial parcels on the island of Hawaii and in particular, this section of the South Hilo district. The DLNR has received numerous inquiries for utilizing the subject property but that interest has been stymied by the uncertainty and length of time involved in completing an environmental assessment and change of zone application before the property can be developed for industrial or mixed commercial/industrial uses. The proposed action, in and of itself, will not generate growth, but provides the necessary support to sustain a growing population and economy in the region. 10 2.2.2 Adjacent Land Uses Existing Setting The project area was previously predominantly residential in character but is now in transition to mixed industrial and commercial uses. The subject property is one of the few properties in the vicinity fronting Kanoelehua Avenue that is not currently being used for industrial or commercial use. All of the immediately adjoining parcels except for TMK 2-2-37: 40 are being utilized for single family residential purposes but only one parcel (Parcel 47) fronts Kanoeleua Avenue. Parcel 40 has an existing chiropractic office as well as a model home for a building contractor. Other land uses in the immediate vicinity include an animal hospital and the Hilo International Airport immediately across Kanoelehua Avenue, an Aloha Gas Station immediately across Kekuanaoa Avenue and a Minit Stop Gas Station situated one lot over from the single family dwelling along the southern boundary of the subject property. Other land uses within %4 mile of the subject property include two restaurants, a used car lot, office supply store, a printing company, an auto parts store, areal estate office and a number of other businesses. Impacts and Mitigation Measures The proposed change of zone to allow the property to be leased for industrial/commercial uses will be in character with the majority of the land uses currently existing along Kanoelehua Avenue and is consistent with the County's long-range plans for the area as set forth in the County's General Plan. In the four block section between Piilani Street and Lanikaula Street, 17 of the 25 parcels on the west side of Kanoelehua Ave. are already zoned Industrial or Industrial -Commercial Mixed Use. Only 8 of these parcels, including the subject property, are zoned single family residential. Any impacts on the surrounding properties due to noise and other disturbances caused by the proposed zoning change will be mitigated through careful construction management practices and compliance with federal, state and county regulations. 2.3 Public Facilities and Services 2.3.1 Roads Existing Setting Kanoelehua Avenue, fronting along the eastern border of the project site, is a two-way, six - lane, divided State roadway. Kekuanaoa Avenue, fronting along the northern border of the project site is a two-way, two-lane County of Hawaii roadway. The intersection of Kanoelehua Avenue and Kekuanaoa Avenue is a signalized intersection and serves as the entrance to the Hilo International Airport. Existing traffic levels for the Kanoelehua Avenue and Kekuanaoa Avenue intersection were measured by a traffic impact report prepared for the Draft Environmental Assessment, Hilo International Airport Project No. AH1011-03 by Wilson, Okamoto & Associates in September, 2001. Field investigations conducted on August 28 and 29, 2001 indicated the following: 11 "At the intersection of Kanoelehua Avenue and Kekuanaoa Avenue, Kanoelehua Avenue carries 1,543 vehicles northbound and 841 vehicles southbound during the AM peak period. During the PM peak hour, the total traffic volume is heavier with 1,463 vehicles traveling northbound and 1,149 vehicles traveling southbound. Both approaches of Kanoelehua Avenue operate adequately at LOS "C" during the AM and PM peak hours. "Kekuanaoa Avenue carries 218 vehicles westbound and 281 vehicles eastbound during the AM peak hour of traffic. During the PM peak hour, traffic volumes are heavier with 531 vehicles traveling westbound and 485 vehicles traveling eastbound. Both approaches of Kekuanaoa Avenue operate adequately at LOS "C" during the AM and PM peak hours." (Wilson Okamoto & Associates, 2001) Impacts and Mitigation Measures The proposed use of the subject 2.847 acre parcel for industriaVcUmmercial purposes is not anticipated to have any significant adverse impact on the roads and traffic circulation in the area. Any potential impacts may be mitigated by complying with the requirements of the County Department of Public Works and the State Department of Transportation. The Department of Public Works has provided the following comments relative to the roadways serving the subject property: • "Based on the intended change of zone, the Department of Public Works will recommend the applicant provide full improvements to the entire frontage along Kekuanaoa Avenue consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required relocation of utilities." • "Access to the subject parcel should be from Kanoelehua Avenue which is under the jurisdiction of the State of Hawaii, Department of Transportation." • "Streetlights and traffic control devices may be required by the Traffic Division, Department of Public Works. The applicant/developer shall be responsible for the design, purchase, and installation of such devices." The State Department of Transportation has provided the following comments relative to the roadways serving the subject property: • "A right turn in only could be allowed from Kekuanaoa Street." • "Either one right tum in, right turn out access or one right tum in and one separate right turn out would be allowed on Kanoelehua Street (Route 11)." • "A traffic assessment may be required." 2.3.2 Water System Existing Setting Water is available from an existing 12 -inch waterline along Kanoelehua Avenue. The Department of Water Supply has indicated that, "The meter connection size will be determined by the anticipated maximum daily water usage recommended by a registered 12 engineer and will be subject to review and approval during the construction design phase of development." Impacts The proposed project will not have a significant adverse impact on the existing Department of Water Supply system serving the subject location. 2.3.3 Protective Services Existing Setting The closest County fire station is situated approximately one mile northeast of the project site on Kea'a Street. The police station is situated approximately I.5 miles away and the hospital is situated approximately 3.1 miles away. Impacts The proposed project will not create an additional burden on the existing service providers. 2.3.4 Schools Existing Setting The project area is served by Kapiolani Elementary School, Hilo Intermediate School and Hilo High School. The enrollment level at all three schools are currently below their operating capacity. Impacts The proposed action, in and of itself, will not generate growth, but provides the necessary support to sustain a growing population and economy in the region. As such, the proposed use of the subject property for industrial/commercial uses will not have a significant adverse impact on the public schools serving the project area. 2.3.5 Power and Communication Systems Setting The project area is served by Hawaii Electric Light Company's (HELCO) power lines from existing roadways fronting the property. Telephone and cable T.V. service is also available to the project site. Impacts The proposed action will not have any significant adverse impact on the power and communication systems serving the region. 2.3.6 Wastewater Setting 13 The project area is within the service limits of the County wastewater disposal system All wastewater generated will be disposed into the County sewer system Impacts The proposed action will not have any significant adverse impact on the County sewer system 2.3.7 Solid Waste Setting There is no municipal collection system for solid waste in the County of Hawaii. Businesses rely on private firms to collect and dispose of waste at the County's Hilo landfill which is situated approximately 0.5 mile east of the project site. Impacts The proposed action will not have any significant adverse impact regarding solid waste. 2.4 Archaeology, Historic and Cultural Resources Setting The entire property has been previously cleared and graded for the growing of orchids between 1957 and 1978. Given the extent of prior modification by earthmoving equipment, it is highly unlikely that any historic sites or buried cultural deposits remain on the property. In a letter to the Hawaii District Land Agent dated November 6, 1991, the State Historic Preservation Division provided the following comments regarding a previous request to utilize the subject property: "This parcel is an existing subdivision and probably has had its land surface disturbed. This area of Hilo was once forest, with few historic sites. Surveys in nearby areas have found no historic sites. Given these factors, we expect the project to have `no effect' on significant historic sites." A Cultural Impact Assessment was prepared for the Draft Environmental Assessment, Hilo International Airport Project No. AH 1011-03 by Wilson, Okamoto & Associates in February, 2002. The Cultural Impact Assessment provides a historical perspective of the natural landscape and traditional land use patterns of the ahupua'a of Waiakea which includes the project site. The ahupua'a is over 95,000 acres in size and extends along the coast from the west side of Hilo Bay to the Puna district boundary and inland to approximately the 6,000 foot elevation. In describing the ahupua'a of Waiakea, the Cultural Impact Assessment states the following: "The lands of Waiakea were productive, and the resources of the different environmental and ecological zones were utilized to support the native population. Along the coast, fishponds were constructedtoraise and harvest fish, an important source of protein. Inland the decomposed lava and consistent rainfall created fertile lands for growing kalo and other food crops. Hala groves provided an abundance of lau hala for weaving and house thatching. The forest, which extended within a few miles of the coast, provided timber, an array of occupational and medicinal trees and plants, as well as a number of bird species." 14 An Archaeological Inventory Survey was also prepared for the Draft Environmental Assessment, Hilo Airport Project No. AH1011-03 by Haun & Associates in August, 2001. In describing the prehistoric and early historic use of the project area and vicinity, the Archaeological Survey stated, in part, the following: "Prehistoric to early historic use of the project area was probably limited because the focus of settlement was along the coast and the lower reaches of the Wailoa River. The only evidence of Traditional Hawaiian use reported for the project area vicinity consists of an agricultural depression and several mounds of stone (ahu) marking the Puna Trail, which extended through Survey Area 3. The area is intermediate between McEldowny's (1979) Coastal Settlement Zone and her Upland Agricultural Zone because it is greater than 0.5 miles inland and less than 50 ft. in elevation. The very rocky nature of the terrain probably limited traditional use to gathering floral and faunal resources, transit through the area, and limited agricultural activity. Historic use was probably limited to cattle grazing because the terrain is too rocky for sugar cane cultivation." Impacts Any valued archaeological, floral or faunal resources that may have existed on the subject property was removed by the complete clearing and grading of the property for the growing of orchids over 40 years ago. As such, the proposed action is anticipated to have "no effect" on significant historic sites or cultural activities. 15 3. SUMMARY OF POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS AND PROPOSED MITIGATION MEASURES 3.1 Overview As previously mentioned, DLNR intends to offer a long-term lease or leases over the subject property. However, because public land laws (HRS § 171-13) require that the leases be sold by public auction and awarded to the highest bidder, the specific use or uses of the site cannot be determined until after the lease(s) are auctioned and awarded. Therefore, the impacts discussed in this Environmental Assessment are discussed in general terms based on potential impacts that could result from any of the uses permitted in the MCX zoning district. 3.2 Short Term Impacts Construction Activity Impacts: Short term impacts will result from the proposed construction activity related to developing the property for industrial(commercial uses including increased noise levels, dust and exhaust from machinery. Mitigation: Given the relative short construction time period involved in developing a relatively small (2.8 acre) site, the potential impacts of the construction activities should be minimal. In addition, the lessee(s) of the property will be required to comply with all applicable state and Couity requirements including the State Department of Health regulations and any requirements to utilize best management practices to minimize impacts. 3.3 Long Term Impacts Drainage: Impacts: County requirements stipulate that, all development generated runoff be disposed on site and cannot be directed toward any adjacent properties. Mitigation: The lessee(s) of the property will be required to prepare a drainage report and any recommended drainage system will be_ constructed with the approval of the Department of Public Works. The lessee(s) will be responsible for obtaining all necessary permits to comply with all drainage requirements, including any requirements to utilize best management practices to minimize any potential impacts. Roadways and Traffic: Impacts: The proposed use of the subject 2.847 acre parcel for industrial/commerciai purposes is not anticipated to have any significant adverse impact on the roads and traffic circulation in the area. Any potential impacts may be mitigated by complying with the requirements of the County Department of Public Works (DPW) and the State Department of Transportation (DOT). Mitigation: The DPW has indicated that a number of conditions regarding roadway and traffic will likely be included as part of the change of zone approval. These may include requirements 16 for full improvements to the frontage of Kekuanaoa Street, streetlights and traffic control devices as well as limitations on access points. 17 4. ALTERNATIVES 4.1 No Action Alternative The no action alternative would restrict the potential use of the subject property to single family residential uses as permitted by the existing zoning designation. Since the last lease for the property terminated in 1978, there have been a number of inquiries from private businesses for utilizing the property, however, none of these have been for residential purposes. All of the interested parties were proposing industrial or commercial uses which is consistent with the County General Plan designation as well as the existing industrial and commercial uses established along Kanoelehua Avenue. These potential developers have been stymied by the uncertainty and length of time involved in completing an environmental assessment and change of zone application before the property can be developed for industrial or mixed commerciallindustrial uses. As such, the property may remain vacant for an undetermined number of years unless the proposed action to complete the Environmental Assessment and change of zone process is completed Based on the foregoing, the no action alternative would prevent the property from being utilized for its highest and best use (industrial or mixed commercial/industrial uses) and would likely keep the property vacant and underutilized. 4.2 Alternative Uses The Draft Environmental Assessment, Hilo Airport Project No. AH1011-03 prepared for the Department of Transportation identifies the subject parcel for acquisition. The stated purpose for the proposed acquisition is to provide the State Department of Transportation — Airports Division (DOT -A) with the greatest control of areas within the Runway Protection Zone (RPZ), beneath the approach path for their runways. The DOT -A has established a policy to proceed with such acquisitions only with the concurrence of the land owner, or at such time that the land otherwise becomes available. In areas where acquisition is precluded by cost or existing uses, FAA safety regulations require the obtainment of avigation easements over the RPZs. Whether under DOT -A or DLNR ownership, the highest and best use of the property will remain industrial or mixed commercial/industrial uses. Any other uses of the site would mean that the site is underutilized. M 5. DETERMINATION, FINDINGS AND REASONS FOR SUPPORTING DETERMINATION 5.1 Significance Criteria According to the Department of Health Rules (11-200-12), an applicant or agency must determine whether an action may have a significant impact on the environment, including all phases of the project, its expected consequences both primary and secondary, its cumulative impact with other projects, and its short and long-term effects. In making the determination, the Rules establish "Significance Criteria" to be used as a basis for identifying whether significant environmental impact on the environment if it meets anyone of the following thirteen criteria. 1. Involves an irrevocable commitment to loss or destruction of any natural or cultural resources. The proposed project involves the change of zone of a 2.847 acre parcel from single family residential to industrial -commercial mixed use to allow the property to be utilized for industrial or mixed commercial/industrial uses. The property has been previously cleared and graded for use as an orchid farm. As such, the subject property does not contain any existing natural or cultural resources that will be destroyed or irrevocably lost by the proposed action. 2. Curtails the range of beneficial uses of the environment. The project site has been previously cleared and graded the existing vegetation is primarily composed of alien species. The development of the subject site for industrial/commercial uses is consistent with the other land uses already established along Kanoelehua Avenue. 3. Conflicts with the State's long-term environmental policies or goals and guidelines as expressed in Chapter 344, HRS; and any revisions thereof and amendments thereto, court decisions, or executive orders. The proposed action is consistent with the Environmental Policies established in Chapter 344, HRS, and the -National Environmental Policy Act. - 4. Substantially affects the economic or social welfare of the community or state. The proposed action will have a positive impact on the economic and social welfare of the community. The availability of the 2.847 acre parcel for industrial/commercial development will address a portion of thedemand for such uses as evidenced by the continuing interest in the property. The proposed action, in and of itself, will not generate growth, but provides necessary support to sustain a growing population and economy in the region. 5. Substantially affects public health. 19 The proposed action will not have any substantial impact on public health_ Potential noise, air, water and drainage impacts will be addressed through careful construction management practices and compliance with federal, state and County requirements. 6. Involves substantial secondary impacts, such as population changes or effects on public facilities. The proposed project will not have any substantial secondary impacts because it is not a generator of growth. Rather, the proposed action will support and sustain a growing population and economy in the region. 7. Involves a substantial degradation of environmental quality. The proposed industria lcommercial uses will be developed to standards similar to the existing industriallcommercial properties along Kanoelehua Avenue and will not involve a substantial degradation of environmental quality. S. Is individually limited but cumulatively has considerable effect on the environment, or involves a commitment for larger actions. As stated previously, the proposed action will not have any substantial secondary impacts and is consistent with the County's long range plans for the area. The proposed action does not involve a commitment for larger actions and will not induce other actions having a cumulative effect on the environment. 9. Substantially affects a rare, threatened or endangered species or its habitat. The project site has been extensively disturbed by earthmoving equipment and does not have any candidate, proposed, or listed threatened or endangered species on the property. As such, the proposed action will not have any substantial adverse effect on any rare— threatened or endangered species or its habitat. 10. Detrimentally affects air or water quality or ambient noise levels. Short term impacts will result from the proposed action including increased noise levels, dust and exhaust from machinery involved in the construction of project improvements. Given the relative short construction time period the potential impacts of these construction activities should be minimal. The lessee(s) of the property will be required to comply with all applicable federal, state and County requirements, including complying with State Department of Health regulations and any requirements to utilize best management practices to minimize all impacts. 11. Affects or is likely to suffer damage by being located in an environmentally sensitive area, such as a flood plain, tsunami zone, beach, erosion -prone area, geologically hazardous land, estuary, freshwater, or coastal waters. The project site is not situated in an environmentally sensitive area such as a flood plain, tsunami zone, beach, erosion -prone area, geologically hazardous land, estuary, freshwater, or coastal waters. 20 12. Substantially affects scenic vistas and view planes identified in county or state plans or studies. The proposed action involves a change of zone to allow industrial/commercial uses in an area that has been extensively developed with similar uses. As such, any impacts to the scenic vistas of the area will be similar to what already exists. 13. Requires substantial energy consumption. The proposed project will not require substantial energy consumption, 5.2 Findings Based on the foregoing information presented, it is determined that the proposed action to allow industrial/commercial uses on the project site will not have a significant effect. As such, a determination of a Finding of No Significant Impact for the proposed action is appropriate. 5.3 Reasons Supporting Determination The nature and scale of the proposed action is such that no significant environmental effects are anticipated. Potential impacts, if any, can be mitigated through careful construction management practices and compliance with all governmental requirements including those of the State Department of Health and the County Department of Public Works. 21 Edward K. Noda and Associates, Inc. 2002. Phase I Environmental Site Assessment, State Land at Kanoelehua and Kekuanaoa Avenues, Waiakea, South Hilo, Hawaii, TMK.• (3) 2-2-037: 041. Honolulu. Haun & Associates. 2001. Archaeological Inventory Survey, Hilo International Airport Improvements, Land of Waiakea, South Hilo District, Island ofHawai I (TMK• 2-1-12: Par. 9) Keaau, Hawaii. Hawaii County Code. 1996, Ord. No. 96-160, sec. 2; ratified April 6 1999. Section 25-5-130, Chapter 25, Zoning Code, Hilo. Heliker, C. 1990. Volcano and Seismic Hazards on the Island of Hawaii. Washington: GPO University of Hawaii Department of Geography. 1983. Atlas of Hawaii. University of Hawaii Press, Honolulu. U.S. Soil Conservation Service. 1973. Soil Survey of the Island of Hawaii, State of Hawaii. Washington: U.S.D. A. Stearns, H.T. and Macdonald G.A. 1946. Geology and Ground -Water Resources of the Island of Hawaii. Bulletin 9, Hawaii Division of Hydrography. Advertiser Publishing Co., Ltd. Honolulu. Wilson Okamoto & Associates, Inc. 2002. Hilo International Airport Draft Environmental Assessment, State of Hawaii, Department of Transportation, Airports Division. Honolulu. Wilson Okamoto & Associates, Inc. 2002. Cultural Impact Assessment, Hilo International Airport Improvements. Honolulu. Wilson Okamoto & Associates, Inc. 2001. Traffic Impact Report For The Hilo International Airport Improvements. Honolulu. Y. Ebisu & Associates. 2001. Acoustic Study For The Proposed New Tour Helicopter Facilities at Hilo International Airport, Hilo, Hawaii. Honolulu. APPENDIX A PERMITTED USES IN THE MCX ZONED DISTRICT (Section 25-5-130, Chapter 25, Zoning Code, Hawaii County Code) Section 25-5-132. Permitted uses. (a) The following uses shall be permitted in the MCX district: 1) Agricultural products processing, minor. 2) Amusement and recreation facilities, indoor. 3) Art galleries, museums. 4) Automobile sales and rentals. 5) Automobile service stations. 6) Bars and nightclubs. 7) Broadcasting stations. 8) Business services. 9) Car washing. 10) Catering establishments. 11) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this code. 12) Churches, temples and synagogues. 13) Cleaning plants using only non-flammable hydrocarbons in a sealed unit as the cleaning agent. 14) Commercial parking lots and garages. 15) Community buildings, as permitted under section 254-11. 16) Convenience stores. 17) Data processing facilities. 18) Day-care centers. 19) Financial institutions. 20) Food manufacturing and processing. 21) Home improvement centers. 22) Kennels in sound attenuated buildings. 23) Laboratories, medical and research. 24) Manufacturing, processing and packaging establishments, light. 25) Medical clinics. 26) Meeting facilities. 27) Motion picture and television production studios. 28) Offices. 29) Photographic processing. 30) Photography studios. 31) Plant nurseries. 32) Public uses and structures, as permitted under section 25-4-11. 33) Publishing plants for newspapers, books and magazines, printing shops, cartographing, and duplicating processes such as blueprinting or photostating shops. 34) Repair establishments, minor. 35) Restaurants. 36) Retail establishments. 37) Sales and service of machinery used in agricultural production. 38) Schools, business. 39) Schools, photography, art, music and dance. 40) Schools, vocational. 41) Self -storage facilities. 42) Telecommunications antennas, as permitted under section 25-4-12. 43) Temporary real estate offices, as permitted under section 25-4-8. 44) Theaters. 45) Utility substations, as permitted under section 25-4-11. 46) Veterinary establishments in sound -attenuated buildings. 47) Warehousing. 48) Wholesaling and distribution operations. (b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the MCX district, provided that a use permit is issued for each use: 1) Crematoriums. 2) Major outdoor amusement and recreation facilities. 3) Yacht harbors and boating facilities. (c) Buildings and uses normally considered directly accessory to the uses permitted in this section shall also be permitted in the MCX district. APPENDIX B — REPRODUCTION OF COMMENTS MADE DURING THE PRE- ASSESSMENT CONSULTATION PERIOD State of Hawaii, Department of Land and Natural Resources, Division of Forestry and Wildlife, January 9, 2003. 2. State of Hawaii, Department of Health, District Environmental Health Program Chie% January 10, 2003. 3. State of Hawaii, Department of Transportation, Director of Transportation, March 19, 2003. 4. County of Hawaii, Police Department, January 24, 2003. 5. County of Hawaii, Department of Water Supply, February 5, 2003. 6. County of Hawaii, Department of Public Works, Engineering Division, February 10, 2003 7. County of Hawaii, Department of Environmental Management, February 12, 2003. 8. County of Hawaii, Fire Department, February 13, 2003. 9. County of Hawaii, Planning Department, April 3, 2003. LINDA 11NOLEi pOVEMpR OF HAWAII Y h'AiF�a' STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES DIVISION OF FORESTRY AND WILDLIFE 1151 PUNCHBOWL STREET HONOLULU. HAWAII 96519 January 9, 2003 Mr. Brian T. Nishimura Planning Consultant 101 Aupuni Street, Suite 217 Hilo, Hawaii 96720 Dear Mr. Nishimura: ERIC T. HSUNO ACTMO CIWRPER5 S OOPIANDANGNATURALRE90MCE4 AQUACULTURE DEVELOPMEM PROQR AAUATIC REEOMCES SOA ANDOCEANRECREATON CONRERVATIQN AND BMORNLE XAPFNRS CONSERVAT " RESCL C ENFQRCeA FORECONEY MO We "WORIRYAHD WR MN MSTOINC PREEERVATON LANDLIANAOEMEHT STATEPM" WATER MO IMOOEYELOPMEM VMTE0. R ESOURCE$ 1MNAOEANM Subject: Request for Comments: Pre -Environmental Assessment, State of Hawaii, Department of Land and Natural Resources - Proposed Lease of State Land for Industrial or Commercial/Industrial Uses, Waiakea, South Hilo, Island of Hawaii TMK (3) 2-2-37: 41. We have reviewed your cover letter to us dated January 7, 2003 for the subject project description and provide no comments to your request. We need no further notification or consultation for this project. Thank you for the opportunity to comment. Sincerely yours, Michael G. Buck Administrator Copy: DOFAW, Hawaii Branch LINDA LINGLE ;overnor of Hawaii January 10, 2003 Mr. Brian T. Nishimura Planning Consultant 101 Aupuni Street, Suite 217 Hilo, Hawaii 96720-4221 STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 918 HILO. HAWAII 9M1 -MIG CHIYOME LEINAALA POBINO, M.A. Director of Health Subject: Pre -Environmental Assessment Consultation State of Hawaii, Department of Land 7 Natural Resources Proposed Lease of State Land for Industrial or Commercial/Industrial Uses Tax Map Key: (3) 2-2-37:41 Waiakea, South Hilo, Island of Hawaii The subject project is located within or near proximity to the County sewer system. All wastewater generated shall be disposed into the County sewer system. Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm run- offs from the proposed development need to address the requirements of Chapter 23, Hawaii State Department of Health Administrative Rules, Title 11, "Underground Injection Control." The Department of Health will defer comments for building permit application on the subject property. Sincerely, Aaron A. Ueno District Environmental Health Program Chief LINDA LINGLE sc 0I a, RODNEY K. HARAGA GOVERNOR DIRECTOR Acting Deputy arectm �g GLENN M. OKIMOTO STATE OF HAWAII IN REPLY REFER To: DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HWY-PS HONOLULU, HAWAII 96813-5097 2.9599 MAR 1. 9 2003 Mr. Brian T. Nishimura Planning Consultant 101 Aupuni Street, Street 217 Hilo, Hawaii 96720-4221 Dear Mr. Nishimura: Subject: Pre -Environmental Assessment Consultation, State of Hawaii, Department of Land and Natural Resources, Proposed Lease of State Land for Industrial or CommerciaDhdustrial Uses, Waiakea, South Hilo, Hawaii, TMK: (3) 2-2-;7:41 Thank you for the opportunity to review the proposed lease. We have the following comments: 1. A right tum in only could be allowed from Kekuanaoa Street. 2. Either one right tum in, right tum out access or one right turn in and one separate right turn out would be allowed on Kanoelehua Street (Route 11). 3. The Environmental Assessment should clarify whether DLNR's intent is to "offer the property for sale" as stated in paragraph 2 of your letter or to lease it. 4. Because the tax map does not show Kekuanaoa Street east of Route 11 and incorrectly reversed the directional designations on Kanoelehua Avenue, a more accurate map should be provided. 5. A traffic assessment may be required. 6. The Draft environmental Assessment should be sent to the State Highways Hawaii District Office for review. Mr. Brian T. Nishimura Page 2 HWY-PS 2.9599 ff you have any questions, please contact Ronald Tsuzuki, Head Planning Engineer, Highways Division, at 587-1830. Very truly yours, ROD,NErY K. HARA 'A Director of Transportation Harry Kim Mayor County of Hawaii POLICE DEPARTMENT 349 Kapiolmi Street • Hilo, Hawaii 96720-3998 (808)935-3311 • Fn(808)961-8869 January 24, 2003 Mr. Brian T. Nishimura. Planning Consultant 101 Aupuni Street, Suite 217 Hilo, Hawaii 96720 Dear Mr. Nishimura SUBJECT: PRE -ENVIRONMENTAL ASSESSMENT CONSULTATION STATE OF HAWAII, DLNR, PROPOSED LEASE OF STATE LAND FOR INDUSTRIAL OR COMMERCIAL/INDUSTRIAL USES TAX MAP KEY (3) 2-2-37:41 WAIAKEA, SOUTH HILO, ISLAND OF HAWAII Lawrence K. Mahun Police Chief Harry S. Kubojirl Deputy Police Chief Our staff has reviewed Department of Land and Natural Resources' proposed use of the subject property and has no comments or objections to offer at this time. Thank you for the opportunity to comment. Sincerely, LAWRENCE K. MAHUNA POLICE CHIEF RN:IIi DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII Mr. Brian T. Nishimura 101 Aupuni Street, Suite 217 Hilo, HI 96720-4221 345 KEKUANAOA STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX(808)961-8657 February 5, 2003 PRE -ENVIRONMENTAL ASSESSMENT CONSULTATION STATE OF HAWAII, DEPARTMENT OF LAND & NATURAL RESOURCES — PROPOSED LEASE OF STATE LAND FOR INDUSTRIAL OR COMMERCIAL/INDUSTRIAL USES TAX MAP KEY 2-2-037:041 We have reviewed your letter dated January 7, 2003, and our comments are as follows. Currently, this parcel does not have water service with the Department. Water service will be subject to compliance with the Department's Rules and Regulations and Water System Standards. With a change of zone application for industrial or mixed commercial/industrial uses, the prevailing water availability in the area is such that water can be made available from the 12 -inch waterline along Kanoelehua Avenue. The meter connection size will be determined by the anticipated maximum daily water usage recommended by a registered engineer and will be subject to review and approval during the construction design phase of development. The Department will also require that a backflow preventer be installed just after the meter on the customer's side. Should there be any questions, please call our Water Resources and Planning Branch at 961-8070, extension 1. SHK:sco Sincerely yours, Milton D. Pavao, P.E. Manager ... Water brings rrotgreil... Harry Kim Mayor February 10, 2003 gautifV IIf 2I�iT�TTT DEPARTMENT OF PUBLIC WORKS Aupuni Center 101 Pauahi Street, Suite 7 • Hilo, Hawaii 96720-4224 (808) 961-8321 • Fax (808) 961-8630 Brian T. Nishimura Planning Consultant 101 Aupuni Street, Suite 217 Hilo, Hawaii 96720-4221 SUBJECT: PRE -ENVIRONMENTAL ASSESSMENT CONSULTATION Proposed Lease for Industrial or Commercial/Industrial Uses TMK: 2-2-37:041 Bruce C. McClure Director Ronald K. Takahashi Deputy Director We have reviewed the subject assessment forwarded by your letter dated January 7, 2003 and have the following comments. 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 Department of Public Works. - 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. Based on the intended change of zone, the Department of Public Works will recommend the applicant provide full improvements to the entire frontage along Kekuanaoa Avenue consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required relocation of utilities. Access to the subject parcel should be from Kanoelehua Avenue which is under the jurisdiction of the State of Hawaii, Department of Transportation. Letter to Brian Nishimura Page 2 February 10, 2003 6. Streetlights and traffic control devices may be required by the Traffic Division, Department of Public Works. The applicant/developer shall be responsible for the design, purchase, and installation of such devices. Should you have any questions or concerns, please contact Mr. Kelly Gomes of our Engineering Division at 961-8327. l ' vt-, jvv'GALEN . KUBA, Division Chief Engineering Division IM Harry Kim Mayor Barbara Bell Director II1tTCt IIf P �1#*afu ff DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 208 • Hilo, Hawaii 967204252 (808) 961-8083 9 Fax (808) 961-8086 _ February 12, 2003 Mr. Brian T. Nishimura Planning Consultant 101 Aupuni Street, Suite 217 Hilo, Hawaii 96720-4221 SUBJECT: Pre -Environmental Assessment Consultation State of Hawaii, Department of Land & Natural Resources — Proposed Lease of State Land for Industrial or Commercial/Industrial Uses TMK: (3) 2-2-37:41 Waiakea, South Hilo, Island of Hawaii We have reviewed the subject request and have the following comments to offer: • Commercial operations may not use transfer stations for disposal. • Aggregates and any other construction/demolition waste should be reused to its fullest extent. • Ample room should be provided for recycling. • Greenwaste may be disposed of only at the drop sites located at the Kailua and Hilo Transfer Stations. Barbara Bell DIRECTOR cc: SWD WWD Planning Department Harry Kim Maw February 13, 2003 Countp Df'wR1tiat`t FIRE DEPARTMENT 25 Aupuai Street r Suite 103 r Hilo, Hawaii 96720 (808) 961-8297 a Fax (808) 961-8296 Mr. Brian T. Nishimura Planning Consultant 101 Aupuni Street, Suite 217 Hilo, HI 96720-4221 Dear Mr. Nishimura: Darryl J. Oliveira Fie Ckief Desmond & Wary Depaq Fir Ckktf RE: PRE -ENVIRONMENTAL ASSESSMENT CONSULTATION STATE OF HAWAII, DEPARTMENT OF LAND & NATURAL RESOURCES PROPOSED LEASE OF STATE LAND FOR INDUSTRIAL OR COMM ERCIAUINDUSTRIAL USES TAX MAP KEY: (3) 2-2-37: 41 WAIAKEA, SOUTH HILO, ISLAND OF HAWAII This responds to your request for comments on the above -referenced pre -environmental assessment consultation. We have no comments to offer at this time regarding the project. Thank you for the opportunity to comment. Sincerely, 114LOLIVEIRA Fire Chief RK:lk Harry Kim Mayor April 3, 2003 PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawau 96720-3043 (808)961-8288 • Fax(808)961-8742 Brian Nishimura, Planning Consultant 101 Aupuni Street, Suite 217 Hilo, HI 96720-4221 Dear Mr. Nishimura: Christopher J. Yuen DIrcoor Roy R. Takemoto Drpwy Dln , SUBJECT: Request for Comments: Your Letter (January 07, 2003) Pre -Environmental Assessment (EA) Consultation State of Hawaii Department of Land & Natural Resources (DLNR) Proposal Lease of State Land for Industrial or Commercial -Industrial Uses @ Kekuanaoa & Kanoelehua Ave., Waiakea House Lots, Hilo, Hawaii Island TMK: 2-2-37:41 (2.8747 acres.) We received the above letter on DLNR's proposal to offer parcel 41 at public auction for sale with a long-term lease or leases. The parcel is presently vacant and unimproved. DLNR intends to apply to the County to rezone the lot from its current residential land use to industrial, a zoning consistent with the parcel's General Plan Industrial land use designation. The remainder of this letter will respond to the request for comments concerning parcel 41. Land Use. The land use or zoning information cited in your letter on parcel 41 is correct. To confirm its validity that and other related land use information is listed below. County Zoning: Single Family Residential (RS -10) State Land Use: Urban SMA Status: N/A - (parcel 41 is not located in the County's Special Management Area) Brian Nishimura, Planning Consultant Page 2 April 3, 2003 General Plan Land Use Designation: Industrial --. GP Natural Beauty Element: Parcel 41 is not listed as a site example of natural beauty in the South Hilo – Wajakea district Future Road Widening: Although you may be aware of this development, please note that the department's zoning tax map shows a futureroad widening is planned for along parcel 41's road frontage ofKekuanaoa Avenue. Please consult with the County Department of Public Works – Engineering Division concerning width dimension, time table, potential road improvements, if any, etc. No further notification or consultation is required on this proposed project. Sincerely. 5� -— CHRISTOPHER J. IN Planning Director EML:mad P:\Wp Win60\Ch343\2003\LPmEADLNR2-2-37-4 t.dm ai CI f �) �I G,J la;l �'I LL1 Grant 11368Grant 11733 ctt to Carrie Jelinx to Henry Y. Kodani ��� KEKUANAOA AVENUE ----- 270'00`- 180.50, .I �M315'00' 42.43-- -4`:. Grant 12806 R=30.00 to Takayoshi Oda � r.) I Grant 11297 to q M. Ikawa and T.F. Ikawa ' <p I:: 0 Grant 10971 0, 6 -a W to George W. Mckaeo C, c 0 U) N J W I"I CV c r f o ; Grant 10839 , :dl 8 Q to (Miss) B.K.N. Chock N g Grant 11497 DO E 11'1 E to John B. and 0 Alice V. De Mello c:, 'o rt:I Grant 12602 to Charles A. Peralto and Bernice S. Perolto 90'00' — 210.50 0 m N 1843.00 S 11,062.50 E "HAL -Al" p LLJ d Q •o a_ o = C J ^a' LL N O Z < �t o Y m wLT v �NJ k\ LICENSED Q� PROFESSIONAL k `AND SURVEYOR '$• No. 7278 Q.• 9kq I 1 V/ 14 Grant 11373 Grant 12626 ,yq to Hideo Yoshiyama to Shigeo Fujimoto �rcJ This work was prepared by ma —I}— or under my direct supervision License Expires: 4/30/04 PORTION OF THE GOVERNMENT (CROWN) LAND OF WAIAKEA PARCEL A Waiakea, South Hilo, Island of Hawaii, Hawaii JOB H-301(02) Scale: 1 inch = 100 feet C. BK. TAX MAP 2-2-37:41 SURVEY DIVISION DEPARTMENT OF ACCOUNTING AND GENERAL. SERVICES GJK Nov. i2. 2002 DEPARTMENT OF PUBLIC WORKo COUNTY OF HAWAII HILO, HAWAII DATE: August 11, 2003 ,igd3 f]!iG J j p TO: Christopher J. Yuen, Planning Director paFROM: AoYDeparrtment of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 03-016) Applicant: DLNR, State of Hawaii Request: RS -10 to MG -20 TMK: 2-2-37:041 We have reviewed the subject application forwarded by your memo dated July 18, 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 the approval of the Department of Public Works. 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 flood plain. 3. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. 4. Based on the intended change of zone, we recommend the applicant provide full improvements to the entire frontage along Kekuanaoa Avenue consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation. 5. Access to the subject parcel should be from Kanoelehua Avenue which is under the jurisdiction of the State of Hawaii, Department of Transportation. 6. Streetlights and traffic control devices may be required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. Questions may be referred to Kelly Gomes of our Engineering Division at ext. 8327. KG EX BIT DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 345 KEKUANAOA STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • rx 808)961-8657 3 c,nr -- �M y2 August 11, 2003 F" TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 03-016) APPLICANT — STATE OF HAWAII, DEPARTMENT OF LAND AND NATURAL RESOURCES REQUEST: RS -10 TO MG -20 TAX MAP KEY 2-2-037:041 We have reviewed the subject application for a Change of Zone and have the following comments and conditions. The parcel currently does not have water service with the Department. Based on the prevailing water situation in the area, water can be made available from the 12 -inch waterline along Kanoelehua Avenue with a meter connection size subject to review and approval during the construction design phase of your proposed development. The Department will also require that a backflow preventer be installed just after the meter on the customer's side. However, prior to issuing a water commitment to the proposed development, the following are required: I The anticipated maximum daily water usage, as recommended by a registered engineer, must be submitted. The Department reserves the right to make a final determination. In accordance with the Department's "Water Commitment Guidelines Policy;" a copy of which is being forwarded to the applicant, a water commitment deposit must be remitted. The applicant will be informed of the deposit amount upon final determination of the submittal required in Item 1. Upon completion of the above requirements, an official water commitment will be effected in accordance with the enclosed policy. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change depending on the water situation. Water / / EX B � �• ... UUater brinc�� rroc�re5i... l Mr. Christopher J. Yuen, Planning Director Page 2 August 11, 2003 Should there be any questions, please call Ms. Shari Komata of our Water Resources and Planning Branch at 961-8070, extension 1. Sincerely yours, Milton D. Pavao, P.E. Manager SHK:sco copy - (w/enc.) Mr. Keith Chun, State of Hawaii, Department of Land and Natural Resources (w/enc.) Mr. Brian T. Nishimura Harry Kim Mayor '?03 N1;G 7 pal 2 06 TO: FROM: DATE: SUBJECT: (9cuufla ni'afunii CIVIL DEFENSE AGENCY 920 Ululani Street • Hilo, Hawaii 96720-3958 (808) 935-0031 • Fax(808)935-6460 Christopher Yuen, Director, Planning Department Troy M. Kindred, Administrator August 6, 2003 Troy A Kindred Administrator Change of Zone Application (REZ 03-016) Applicant: State of Hawaii, Department of Land and Natural Resources Request: RS -10 to MG -20 Tax Map Key: 2-2-37:41 Proposed site is adjacent to the tsunami inundation zone, and threat from a tsunami while unlikely, is possible. Proposed site is in the lava threat area 3, and threat from lava flow (volcanic damage) is possible. Site is in the semi immediate flight path for Hilo International Airport's Runway "03". While most aircraft traffic utilizing this runway is of a light plane or helicopter type, the commercial carriers use this runway when prevailing winds dictate. Threat from a significant aircraft accident is possible. In addition, the possible types of usage of the site could aggravate this situation. tV7 r e LINDA LINGLE GOVERNOR 25o- „.1 STATE OF HAWAII 1QEPARTMENT OF TRANSPORTATION L� 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 August 19, 2003 Mr. Christopher Yuen Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Dear Mr. Yuen: Subject: Change of Zone Application (REZ 03-016) State of Hawaii, Department of Land and Natural Resources TMK: 2-2-37:41 RODNEY K. HARAGA DIRECTOR Deputy Director Bruce Y. Matsui IN REPLY REFER TO: STP 8.0859 Thank you for seeking our comments on the subject application by the Department of Land and Natural Resources (DLNR). Our comments are as follows: Our Airports Division Master Plan for Hilo International Airport recommends that the Division acquire the subject parcel of land as part of the runway protection zone for Runway 3. 2. Our Airports Division has had previous correspondence with DLNR regarding the subject parcel of land. DLNR is aware that if the Airports Division camiot acquire the land, the Division will pursue obtaining an avigation easement. 3. The Airports Division recommends that DLNR submit Federal Aviation Administration (FAA) Form 7460-1, Notice of Proposed Construction or Alteration, to the FAA District Office for the FAA's review, and that DLNR provide a copy of its submission to the Airports Division. 4. Prospective tenants for the site should be made aware that although the area falls within the compatible land use area for noise, they will be subject to single event noise occurrences, and as such, a development of the site should include measures for noise attenuation. Our Highways Division is in the process of finalizing its comments for the subject application and we will provide those comments under separate cover as soon as they are available. EXHIBIT I' Mr. Christopher Yuen Page 2 August 19, 2003 We appreciate the opportunity to provide comments. Very truly yours, ROD HIGA Director of Transportation STP 8.0859 BRIAN T. NISHIMURA, PLANNING CONSULTANT 101 Aupuni Street, Suite 217 Hilo, Hawaii 96720-4221 6 Dfi Phone: (808) 935-7692 Fax: (808) 935-6126 E-mail: btnishi@interpac.net pt/,. October 2, 2003i/;�r Mr. Christopher J. Yuen, Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Subject: Change of Zone Application (REZ 03-016) Applicant: State of Hawaii, Department of Land and Natural Resources TMK: (3) 2-2-37: 041 Dear Mr. Yuen: Thank you for providing me with a copy of agency comments received to date for the subject application. You have requested written responses to these comments which are provided as follows: Department of Public Works and Police - The applicant acknowledges the development requirements under the jurisdiction of the Department of Public Works and will inform prospective lessees that they will be responsible for obtaining all necessary permits and complying with these requirements. The applicant believes that the Department of Public Works and the Police Department were both envisioning problems with a right turn and left turn access from Kekuanaoa Street in making their comments that access should be from Kalanianaole. As such, the applicant would like to preserve the possibility of having a right turn in only from Kekuanaoa Street as mentioned in the State Department of Transportation's comments in the Environmental Assessment dated March 19, 2003. 2. Department of Water Supply - The applicant understands the requirements for obtaining a water commitment for the subject property. Prospective lessees will be informed of these requirements and will be required to comply. 3. Civil Defense Agency - The applicant is aware of the site's proximity to the tsunami inundation zone, the Hilo International Airport's Runway "03" and the lava hazard designation. This information will be provided to all prospective lessees for their consideration. 4. State of Hawaii. Department of Transportation — The applicant will work with the Department of Transportation, Airports Division regarding its comments, which may include providing an avigation easement or establishing a building height limitation for EXHI IT < kR the subject property. Prospective lessees will be made aware of the issues regarding the height limits, noise and access to the subject property. None of the other agencies had any comments or objections to the change of zone application. We believe that the comments have been adequately addressed. If not, or if there are other questions, please feel free to contact me. Sincerely, Brian Nishimura, Planning Consultant Copy — Department of Public Works, Engineering Division Department of Water Supply Civil Defense Agency Police Department State of Hawaii, Department of Transportation State of Hawaii, Department of Land and Natural Resources, Land Division RState-DLNR-REZ03-016.jwd 10-0I-03 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION STATE OF HAWAII, DEPARTMENT OF LAND AND NATURAL RESOURCES - LAND DIVISION CHANGE OF ZONE APPLICATION (REZ 03-016) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone request from a Single Family Residential (RS -10) to Industrial -Commercial Mixed Use (MCX-20) zoned district be forwarded 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 recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a change of zone for 2.847 acres of land from a Single Family Residential (RS -10) to an Industrial — Commercial Mixed (MCX-20) district. The new zoning district would allow for light industrial or mixed commercial/industrial uses. The intent is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing non -industrial uses to unsafe and unhealthy environments. The subject property has remained vacant since 1978. Since that time, the State has received a number of inquiries for utilizing the property for a variety of uses including a car sales lot, gas station/retail center, a mixed use center with a restaurant, gas station, retail and industrial uses. According to the applicant, DLNR intends to offer a long-term lease or leases over this site. However, because public land laws (HRS §171-13) require that the leases be sold by public auction and awarded to the highest bidder, the specific use or uses of the site cannot be determined until after the lease(s) are auctioned and awarded. 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 G- Ltis C a; rl/S'-f) PC 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 areas in the County. The Change of Zone request from a Single Family Residential (RS -10) to Mixed Industrial -Commercial (MCX-20) zoned district will conform to the following goals, policies and standards of the General Plan Economic and Land Use Elements. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The General Plan is intended to be used 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 goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. These state the following: LAND USE — GENERAL • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Zone urban- and rural -types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. -2- Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. LAND USE — COMMERCIAL • Provide for commercial developments that maximize convenience to users. Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. Commercial facilities shall be developed in areas adequately served by necessary services such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. • Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. • The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. • Commercial development shall be located in areas adequately served by transportation, utilities, and other amenities. Commercial developments shall provide for adequate internal circulation amongst commercial facilities in the area. LAND USE - INDUSTRIAL Designate and allocate industrial areas in appropriate proportions and in keeping with the social, cultural and physical environments of the County. It shall be the policy of the County to achieve a broader diversification of local industries by providing opportunities for new industries and strengthening existing industries. Through its zoning powers, the County shall locate industrial areas convenient to transportation facilities, and provide a variety of industrial zoned districts and lot sizes, depending on the needs of the industries and the communities. -3- Industrial development shall be located in areas adequately served by transportation, utilities and other amenities. Redeveloping or newly developing areas shall be developed in concert with programmed public and privately funded infrastructure to meet the expected needs. 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 County shall identify sites suitable for future industrial activities. ECONOMIC 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 diversification of its economy by strengthening existing industries and attracting new endeavors. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The project area is designated Industrial on the LUPAG Map. This industrial designation includes uses such as manufacturing and processing, wholesaling, large storage and transportation facilities and light industrial uses. The MCX zoning would be consistent with the Industrial designation on the LUPAG Map for this area of Hilo. The applicant proposes a mixture of light industrial and commercial uses, which would be suitable in this area. The State Land Use designation for the subject property is Urban. The Hilo Community Development Plan (CDP) adopted in 1975 designates the area for residential uses. However, this area is transitioning to commercial and light industrial uses. The advantage of this area is its location in close proximity to water, air transportation 13 terminals, harbor facilities and the residential population of Hilo. The proposed change of zone would complement the existing industrial and commercial land uses that already exist in this area and will provide for an orderly development of the area. The current revisions to the General Plan LUPAG Map propose to redesignate a portion of the Waiakea House Lots to Industrial as the area is transitioning to industrial - commercial in character. The area bordered by Laukapu Street-Piilani Street-Hualani Street is proposed for redesignation from Low Density Urban to Industrial Area. The area bordered by Lanikaula Street-Laukapu Street-Hualani Street-Kalanikoa Street is proposed for redesignation from Low Density Urban to Industrial Area. The area bordered by Lanikaula Street-Mililani Street-Hualani Street-Laukapu Street is proposed for redesignation from Low Density Urban to Medium Density Urban for higher density residential uses and commercial activities. The MCX zoning areas that were approved or pending with the County Council are primarily along the west side of Kanoelehua Avenue. The proposed MCX zoning for the project area will complement the current General Plan LUPAG Map as well as the current revisions to the General Plan LUPAG Map. The MCX zoning designation was created when the Zoning Code was amended in 1996. In accordance with Section 25-5-130, Hawaii County Zoning Code, this district would allow a mix of light industrial and commercial uses. The intent is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing non -industrial uses to unsafe and unhealthy environments. The property is vacant and is considered public lands. As such, the applicant is required by law to sell the lease(s) by public auction and award the lease(s) to the highest bidder. Until such time, the specific use or uses of the site cannot be determined until the lease(s) are awarded. Surrounding uses are a mix of residential, light industrial and commercial uses. The immediate adjacent property to the south and west are lands zoned RS -10 and in residential uses. The immediate adjacent property to the north, on the corner of Kanoelehua and Kekuanaoa Avenue is the site of Aloha Petroleum self -serve station on -5- ML -20 zoned lands. To the east across Kanoelehua Avenue is the Hilo International Airport on lands zoned ML -20. Conditions of approval will be added to mitigate and minimize potential impacts to surrounding properties. As a condition of approval, the applicant would be required to comply with the requirements of minimum yards as set forth by Section 25-5-136 (Minimum Yards in MCX District) of the Zoning Code, which has a minimum setback of twenty feet along front yards. This property is situated on a corner and consists of two front yards, one along Kekuanaoa Avenue and one along Kanoelehua Avenue. The applicant would be required to conform to side or rear yard requirements of the adjoining RS -10 lots that border the west and south boundaries. Further, as a condition of approval the applicant would be required to landscape the property in compliance with the Planning Department's Rule 17, regarding landscaping, to mitigate any possible impacts to surrounding residential properties and with Section 25-5-137 (Landscaping of Yards in MCX District), which states that all front yards in the MCX district shall be landscaped, except for necessary access drives and walkways. It also requires that any required side or rear yard in the MCX district adjoining a building site in an RS district be landscaped with a screening hedge not less then forty-two inches in height, within five feet of the property line, except for necessary access drives and walkways. The two remaining side yard boundaries border lots designated RS -10 and will require landscaping with a screening hedge. Comments from the Department of Public Works state that access to the subject property should be from Kanoelehua Avenue, which is under the jurisdiction of the State of Hawaii, Department of Transportation. Comments from the Department of Transportation to Brian T. Nishimura dated March 19, 2003 state that a right turn in only could be allowed from Kekuanaoa and that either one right turn in, right turn out access or one right turn in and one separate right tum out would be allowed on Kanoelehua Avenue. As a condition of approval, the applicant will be required to comply with requirements of DPW and DOT regarding driveway access, curb, gutter and sidewalk improvements. 'Lel Comments for the State Department of Transportation state that their Airports Division Master Plan for Hilo International Airport recommends that the Division acquire the subject parcel of land as part of the runway protection zone for Runway 3. The applicant is aware that if the Airports Division cannot acquire the land, the Airport Division will pursue obtaining an avigation easement. As a condition of approval, the applicant will be required to comply with all applicable laws, rules, regulations and requirements of the Department of Transportation, as well as other affected agencies. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The property is located within Zone X, area determined to be outside the 500 -year floodplain. Based on comments from the Department of Public Works, all development generated storm runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. The Department of Public Works has requested a drainage study, which shall be included as a condition of approval, along with any drainage improvements as required. Due to the fact that the property had been previously graded in the past, no rare or endangered plants or animals nor any archaeological sites are anticipated to be found on the subject property. Since no valued cultural, historical or native resources nor any traditional and customary Native Hawaiian rights were practiced in the area, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. There is also no public access to the mountains or the shoreline that run through the property. It is not located within the Special Management Area (SMA) and is over 1 mile from the nearest coastline All utilities and services are available to the site. According to comments from the Department of Water Supply, the parcel currently does not have water service but water can be made available from the existing 12 -inch waterline along Kanoelehua Avenue. DWS will also require that a backflow preventer be installed. The applicant would be required to comply with this requirement. According to the applicant, the project area is within the service limits of the County wastewater disposal system. All wastewater generated will be disposed into the County sewer system. All other utilities and services are available to the subject property. -7- Based on the above findings, approval of this change of zone request from Single Family Residential (RS -10) to Industrial -Commercial Mixed Use (MCX-20) zoned district would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. ORDINANCE NO. STATE OF HAWAN BILL NO. (Planning Department) AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS -10) TO INDUSTRIAL -COMMERCIAL MIXED (MCX-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-37:41. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, 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 Waiakea, South Hilo, Hawaii, shall be Industrial -Commercial Mixed (MCX-20): Beginning at the northeast comer of this parcel of land and at the southwest corner of the intersection of Kekuanaoa Avenue and Kanoelehua Avenue, Federal Aid Secondary Project S-18(1), the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM" being 1843.00 feet South and 11,062.50 feet East, thence running by azimuths measured clockwise from True South: 1. 3600 00' 560.00 feet along the west side of Kanoelehua Avenue, Federal Aid Secondary Project S-18(1); 2. 90" 00' 210.50 feet along Grant 12626 to Shigeo Fujimoto; 3. 1800 00' 590.00 feet along Grant 12602 to Charles A. Peralto and Bernice S. Peralto, Grant 11497 to John B. and Alice V. De Mello, Grant 10839 to (Miss) B. K. N. Chock, Grant 10971 to George W. Makaea, Grant 11297 to M. Ikawa and T. F. Ikawa, and Grant 12806 to Takayoshi Oda; 4. 2700 00' 180.50 feet along the south side of Kekuanaoa Avenue; Thence along the south side of Kekuanaoa Avenue on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being: 3150 00' 42.43 feet to the point of beginning and containing an AREA OF 124,002 SQUARE FEET. 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 may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. 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. Hawai `i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII -2- CState-DLNR-REZ03-016.jwd 10-01-03 STATE OF HAWAII, DEPARTMENT OF LAND AND NATURAL RESOURCES - LAND DIVISION CHANGE OF ZONE APPLICATION (REZ 03-016) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this ordinance. Prior to this payment, water calculations with anticipated maximum daily water usage as recommended by a registered engineer shall be submitted to the Department of Water Supply. The applicant shall install a backflow preventer (reduced pressure type) meeting with the approval of the Department of Water Supply prior to the issuance of the certificate of occupancy. C. Development of the property shall be completed within five (5) years from the effective date of this ordinance. Prior to the start of construction, Final Plan Approval for the proposed development shall be secured from the Planning Director in accordance with the Zoning Code. Plans shall identify proposed structures, fire protection measures, paved driveway and parking stalls, and other improvements associated with the proposed development. Landscaping shall be indicated on the plans for the purpose of mitigating any potential adverse noise or visual impacts to adjoining parcels. The landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements) and with Section 25-5-137 (Landscaping of Yards in MCX District). D. Access to the property shall be from Kanoelehua Avenue meeting with the approval of the State Department of Transportation. No access shall be permitted from Kekuanaoa Avenue. E. Improvements shall be constructed along the entire frontage of Kekuanaoa Avenue consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required relocation of utilities meeting with the approval of the Department of Public Works. F. Install streetlights, traffic control devices, signs, and markings meeting with the approval of the Department of Public Works, Traffic Division. G. A drainage study shall be prepared and any drainage improvements shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of a certificate of occupancy. H. The applicant shall connect to the existing County sewer lateral prior to the issuance of a certificate of occupancy. I. The applicant shall comply with all applicable laws, rules, regulations and requirements of the affected agencies for the proposed development including, but not limited to, the Department of Public Works, the Department of Water Supply and the State Department of Transportation. J. A final status report shall be submitted to the Planning Director upon compliance with all conditions of approval of this change of zone. K. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: I. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. L. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject area to its original or more appropriate designation. -2- K5_10RS-IO K5-10 KS -10 ML -20 U) io N m 0 ML -20 4) OPEN M O � m Q m J RS 10 Y RS 10 ML -20 L W E d CD K5-10 a S Y PAKekuanaoa P5_10 P5-101 ML -20 _1,843.00S ML -20 11,062.50 E St. "HALAI"A K5_ 10 CN_125.10 SINGLE-FAMILY RESIDENTIAL (RS -10) P15_ 10 TO INDUSTRIAL -COMMERCIAL MIXED MCX-20 124,002 SQ. FT. Rs -Io 10 ML -20 ML -20 RS- O MG-) a MG- I RS -10 RS -10 RS -10 RS -10 ML -20 y MG -la 7 Leilani St. Leilani St. Q MG -la RS -0 RS -10 RS- t 0 RS- I O ML -20 t6 G- l a MG- I a 7 � t N 77O K5- 1 O ML -20 C c J P5-10 R5- I O Y Rs- 10 R5-) 0 ML -20 Y MG- I a MG -la J MG la 250 125 0 250 500 150 1000 1,250 Fee( AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL (RS -10) TO INDUSTRIAL -COMMERCIAL MIXED (MCX-20) AT WAIAKEA, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 2-2-037:041 EXHIBIT "A" Date: October 8, 20031 (State of Hawaii. DLNR:11081