HomeMy WebLinkAboutCOM 0680.000 2004-2006 Ott os N~
Dixie Kaetsu
f]arYy Klm hlanagfng Dlr¢cfor
Mayor
Barbara Koslow
~~+s'ci'wi'~~ Depvry Managing D~recmr
County of Hawaii
25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 (808) 961-8211 Fax (808) 961-6553
KONA-. 75-5706 Kuakini Highway, Sui[e 103 Kailua-Kona, Hawa~'i 96740
(808)329-5226 Fax (808)326-5663
January 24, 2006
Honorable Stacy Higa, Chairman
and Members of the County Council
County of Hawai' i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Higa and Members:
Change of Zone Application (REZ OS-016)
Applicant: Janice Oshiro
Request: RS-10 to CG-10
Tax Map Key: 2-2-28:30, 32, 33
Mate Land Use Boundary Amendment Application (SLU OS-006)
Request: Agricultural to Urban
Change of Zone Application (REZ OS-020)
Request: A-latoMCX-la
Applicant: Timothy Lynn Gardner
Tax Map Key: 1-5-7:53
Repeal of Change of Zone Ordinance No. 487
Initiator: Planning Director
Tax MaRKey~ ~-3-36~I8. 2-3-37:6 8-20 (formerly 2-3-36:18 & 2-3-37:61
As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action are the Planning Commission's letters and enclosures
regarding the above-referenced requests.
Sincerely,
Harr/,
Mayor
Enclosures Comm. No. d
ec: Planning Department Ref. To:
~ e3Jc4D Sao + ~ Ref. 6ata
1lmvai'i County is an Equal Opportunity Provider and F'mploycr
.xv or
t¢''~..
q:
County of Hawaii
PLANNING COMMISSION
Aupuni Center • 101 Pauahi S[reet, Sui[e 3 • Hilo, Hawaii 96720
Phone (808) 961-8288 Fax (808) 961-8742
Sanuary 24, 2006
Stacy Higa, Chairman
and Members of the County Council
County of Hawai `i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Higa and Council Members:
State Land Use Boundary Amendment Application (SLU OS-006)
Request: Agricultural to Urban
Change of Zone Application (REZ OS-020)
Request: A-la to MCX-la
Applicant: Timothy Lynn Gardner
Tax Map Key~ 1-5-7.53
The Planning Commission at its duly advertised public hearing on January 6, 2006, considered
the above-referenced requests for a State Land Use Boundary Amendment from the Agricultural
to the Urban District and a Change of Zone from an Agricultural 1-acre (A-la) to an Industrial-
Commercial Mixed 1-acre (MCX-la) district for 3.319 acres of land. The property is located
along the northeast side of the Keaau-Pahoa Road (Highway 130), approximately 1,500 feet
north of the Pahoa Village Market complex, Keonepoko Homesteads, Puna, Hawaii.
The Planning Commission voted to send an unfavorable recommendation to the County Council,
and concurs with the Planning Director's reasons for the unfavorable recommendation as follows:
State Land Use Boundary Ameudment
The approval of the reclassification from the State Land Use Agricultural to the
Urban District for approximately 3.319 acres will not conform to Section 205-2, Chapter
205, Hawaii Revised Statutes, nor will the reclassification action be consistent with the
Hawaii Land Use Commission Rules, the Hawaii State Plan and the County General Plan.
The applicant is requesting a State Land Use Boundary Amendment from Agricultural to
the Urban district. The applicant is also requesting a concurrent change of zone from an
Hawai `i County is an Equal Opportunity Provider and Employer
Stacy Higa, Chairman
and Members of the County Council
Page 2
Agricultural (A-la) to Industrial-Commercial Mixed (MCX 1-a) for 3.319 acres to
develop a self storage facility on the property. The entire 3.319-acre parcel will be
utilized for the proposed facility. Proposed are the following;
• Nine (9) single-story steel buildings which will be divided into individual self
storage units with individual steel doors.
Approximately 56,200 square feet under roof including an office approximately
200 square feet in size.
One full time and one part time employee will be on the site. Office hours will be
8:00 a.m. to 4:30 p.m., and storage hours will be from 6:00 a.m. to 8:00 p.m. daily. The
applicant intends to address the demand for self-storage facilities in lower Puna and
Pahoa. According to the applicant, there are no existing self storage facilities serving
Pahoa with the nearest facilities in Keaau and Hilo operating at capacity. The facility will
be managed by A-American Self Storage management Co., Inc. which currently manages
over 100 self storage facilities nationwide include nine facilities in the State and two
facilities on the Big Island. Construction will be completed within 12 months at an
estimated cost of $2.5 to $3 million.
The Hawaii Land Use Commission Rules states several standards for considering
an area for urban reclassification. The proposed use does not meet the following
standards which state:
In determining urban growth for the next ten years, or in amending the boundary,
lands contiguous with existing urban areas shall be given more consideration than
non-contiguous lands, and particularly when indicated for future urban use on
State or County General Plans.
It shall not include lands, the urbanization of which will contribute toward
scattered spot urban development, necessitating unreasonable investment in public
infrastructure or support services.
The property is surrounded by lands designated State Land Use Agricultural and is
not contiguous to urban designated lands. The closest urban-designated lands are located
approximately 1,800 feet across the Keaau-Pahoa Highway to the southwest, site of The
Pahoa Market Place. Pahoa Town, with a variety of urban uses, is located approximately
one mile from the site.
Stacy Higa, Chairman
and Members of the County Council
Page 3
The General Plan Land Use Pattern Allocation Guide (LUPAG) Map component
of the General Plan is a representation of the document's goals, policies, standards and
courses of action. It is also a graphic depiction of the physical relationship between the
various land uses. The LUPAG Map establishes the basic urban and non-urban form for
areas within the County. The LUPAG Map designates the area as Urban Expansion Area.
As such, the designation would allow for the proposed use as well as residential uses.
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
lands for residential use, commercial and visitor services, industry, agriculture and open
space. Land Use is one of the principle focal points of public concern and policy. The
Land Use element, which also includes a Commercial and Industrial sub-element,
provides the basis for control and guidance of public and private resources.
The request is not consistent with the Land Use -Commercial Development goals
and policies of the General Plan, which state:
• Encourage the concentration of commercial uses within and surrounding a central
core area.
• Provide commercial developments that complement the overall pattern of
transportation and land usage within the island's regions, communities, and
neighborhoods.
In addition, a course of action for the Puna District states:
• Centralization of commercial activities in Pahoa Town, rather than along the
Pahoa By-Pass, to serve the residents of Lower Puna shall be encouraged.
In addition, the proposed use is not consistent with the Land Use -Industrial
(Puna) course of action which state:
• Industrial-commercial mixed use districts maybe provided in appropriate
locations.
As the property is located northeast of the Keaau-Pahoa Highway, the project
would not be a complementary extension of the commercial azea of Pahoa. All
commercial establishments aze cunently located west of the Keaau-Pahoa Highway, and
the extension of commercial azeas across of, or east of the Keaau-Pahoa Highway, would
create a spot or scattered development along both sides of the highway. To allow the
Stacy Higa, Chairman
and Members of the County Council
Page 4
establishment of the proposed use would set a precedent for an undesirable land use
pattern that would be contrary to the State Land Use Law and the General Plan. From a
land use standpoint, industrial/commercial areas should be established in close proximity
to existing MCX-zoned areas. In keeping with these goals, policies and standards, new
industrial/commercial areas shall be developed and established in keeping with the social,
cultural and physical environment of the County. To establish the proposed self-storage
facility and related uses in this area would be contrary to the goals, policies and standards
of the General Plan. The proposed project would be more appropriate in an area where
other similar industrial/commercial uses are established.
Urban Districts shall include lands characterized by "city-like" concentrations of
people, structures, streets, urban level of services and other related land uses. Lands to
the north are zoned Agricultural (A-la). The adjacent property to the north is vacant, and
properties to the east are zoned A-Sa and in agricultural use. The adjacent property to the
south/southeast is zoned A-1 a and is the site of a proposed County fire station. Properties
to the west across the Keeau-Pahoa Road are improved with dwellings and greenhouses.
The land uses in the area are a mix of agricultural and residential uses. The urban area,
with its mix of industrial/commercial mixed uses, is located to the south and southwest of
the project area and is not in close proximity to the project site.
While the property is within the State Land Use Agricultural and County's
Agricultural (A-1 a) zoned district, it is not currently being used for active agricultural
purposes. According to the applicant, there is a 63-year old single-family dwelling on the
property. The dwelling will be moved or demolished prior to the start of construction.
Although the pazcel will not displace existing or potential agricultural activity on the
land, the proposed use is industrial/commercial in nature. The existing
industrial/commercial area is located southwest of the Keaau-Pahoa Highway (The Pahoa
Market Place). Therefore, although the proposed use will not have an adverse effect on
the County's agricultural land inventory, it would create a separate, non-contiguous urban
area with industrial/commercial uses.
The Hawaii State Plan serves as a guide for the future long-range development of
the State and provides a basis for determining priorities and allocating limited resources
such as public funds, services, land, energy, water and other resources. A Land
Resources Priority Guideline states "Encourage urban growth primarily to existing urban
areas where adequate public facilities are already available or can be provided...." The
proposed action to designate lands from the State Land Use Agricultural to the Urban
District would be contrary to this stated guideline.
Stacy Higa, Chairman
and Members of the County Council
Page 5
Based on the above, a State Land Use Boundary Amendment from Agricultural to
the Urban District does not complement the State Land Use District Regulations and is
not supportive of the State of Hawaii Plan and the County General Plan. Therefore, it is
recommended that this request be denied.
Change of Zone
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must be also considered as they may have an impact on similar areas in the
County, but ultimately, on the future development of the whole island.
The applicant is requesting a Change of Zone from Agricultural 1-acre (A-la) to
Industrial-Commercial Mixed 1-acre (MCX-la) to develop a self storage facility on the
property. The applicant is also requesting a State Land Use Boundary Amendment from
Agricultural to Urban to allow the proposed uses.
The entire 3.319-acre parcel will be utilized for the proposed facility. The project
consists of the following:
• Nine (9) single-story steel buildings divided into individual self storage units with
individual steel doors.
• Approximately 56,200 square feet under room including an office approximately
200 square feet in size.
The applicant states that he "will contribute the property to a new LLC to be formed
(tentatively Pahoa Storage Partners, LLC)", of which the applicant will be apart-owner.
The applicant intends to address the demand for self-storage facilities in lower Puna and
Pahoa and states that "there are no existing self storage facilities serving Pahoa, with the
nearest Facilities in Keaau and Hilo operating at capacity." There will be one full-time
and one part-time employee on the site. Office hours will be 8:00 a.m. to 4:30 p.m.;
storage hours will be 6:00 a.m. to 8:00 p.m. daily. The facility will be managed by A-
American Self Storage Management Co., Inc. which currently manages over 100 self
storage facilities nationwide include nine facilities in the State and two facilities on the
Big Island. The applicant anticipates that construction will be completed within 12
months at an estimated cost of $2.5 to $3 million.
Stacy Higa, Chairman
and Members of the County Council
Page 6
Surrounding properties to the northwest and south are zoned A-1 a, and properties
to the east aze zoned A-Sa. The area is chazacterized by a mix ofresidential, agricultural
and commercial uses. The adjacent pazcel to the southeast (TMK: 1-5-7: l7) was granted
a Special Permit on September 2, 2005 for the establishment of a fire station. The Pahoa
Agricultural Park, Phase II is located south east of the property and includes a mix of
residential and agricultural uses. The Pahoa Market Place, which includes a mix of
commercial and industrial uses, is located approximately 1,800 feet southwest of the
property on the western side of the Keaau-Pahoa Highway. This property, identified as
TMK: 1-5-7: 80, was redesignated from an Agricultural to the Urban district and rezoned
from A-1 a to MCX-20 by Ordinance No. 00 77 effective July 18, 2000.
The General Plan Land Use Pattern Allocation Guide (LUPAG) Map component
of the General Plan is a graphic representation of the document's goals, policies, standards
and courses of action and depicts the physical relationship between the various land uses.
The LUPAG Map establishes the basic urban and non-urban form for areas within the
County. The LUPAG Map designates the area as Urban Expansion Area, and
immediately surrounding this areas is the Extensive Agriculture designation. The Urban
Expansion Area designation would allow for the proposed use, as well as residential uses.
However, the LUPAG designation does not mandate that a specific zoning be granted. It
is still necessazy to do asite-specific analysis. The LUPAG is a broad-brush guide to land
use patterns. This property is at the outer fringe of a large urban expansion azea.
The request is contrary to the Land Use goals and policies of the General Plan.
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, standazds and
courses of action to accommodate growth without congestion, to designate and preserve
lands for residential use, commercial and visitor services, industry, agriculture and open
space. Land Use is one of the principle focal points of public concern and policy. The
Land Use element, which also includes a Commercial and Industrial sub-element,
provides the basis for control and guidance of public and private resources.
The request is not consistent with the Land Use -Commercial Development goals
and policies of the General Plan, which state:
• Encourage the concentration of commercial uses within and sunrounding a central
core area.
Stacy Higa, Chairman
and Members of the County Council
Page 7
• Provide commercial developments that complement the overall pattern of
transportation and land usage within the island's regions, communities, and
neighborhoods.
In addition, a course of action for the Puna District states:
• Centralization of commercial activities in Pahoa Town, rather than along the
Pahoa By-Pass, to serve the residents of Lower Puna shall be encouraged.
The proposed use is also not consistent with the Land Use -Industrial (Puna)
course of action which states:
• Industrial-commercial mixed use districts may be provided in appropriate
locations.
As the property is located northeast of the Keaau-Pahoa Highway, the project
would not be a complementary extension of the commercial area of Pahoa. All
commercial establishments are currently located west of the Keaau-Pahoa Highway, and
the extension of commercial areas across of, or east of the Keaau-Pahoa Highway, would
create a spot or scattered development along both sides of the highway. Because the
property has access only from the highway, all users would have to turn directly in and
out from the highway. Basic access management principles discourage direct access to
commercial sites from busy high-speed through-highways. Any users coming from the
Keaau direction would have to make a lefr-turn into the property. For this reason, the
State Department of Transportation has requested left-turn channelization, avery
expensive improvement. Although there is an existing legal access, the proposed
rezoning would greatly increase the potential traffic. To allow the establishment of the
proposed use would set a precedent for an undesirable land use pattern that would be
contrary to the State Land Use Law and the General Plan. From a land use standpoint,
industrial/commercial areas should be established in close proximity to existing MCX-
zoned areas. In keeping with these goals, policies and standards, new
industrial/commercial areas shall be developed and established in keeping with the social,
cultural and physical environment of the County. To establish the proposed self-storage
facility and related uses in this area would be contrary to the goals, policies and standards
of the General Plan. The proposed project would be more appropriate in an azea where
other similaz industrial/commercial uses are established.
The Land Use and Commercial Elements requires that a change of zone request be evaluated
for a particular area in relationship to the following goals, policies, standards and course of
action:
Stacy Higa, Chairman
and Members of the County Council
Page 8
Land Use
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.
• Encourage the development and maintenance of communities meeting the needs
of its residents in balance with the physical and social environment.
Zoning request 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.
Commercial Develoyment
• 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, uti]ities, sewers, and transportation systems.
• Distribution of commercial areas shall be such as to best meet the demands of
neighborhood, commercial and regional needs.
Encourage the concentration of commercial uses within and surrounding a central
core area.
Industrial
• Designate and allocate industrial areas in appropriate proportions and in keeping
with the social, cultural, and physical environments of the County.
Stacy Higa, Chairman
and Members of the County Council
Page 9
• Industrial-commercial mixed use districts shall be provided in appropriate
locations.
Based on the above, the appropriateness of the request for a particular location
must be evaluated using the above guidelines. Although the applicant specifically plans a
self-storage facility, the proposed change of zone request from Agricultural (A-la) to
Industrial-Commercial Mixed (MCX-1 a) would allow a wide range of commercial uses to
be established on the site, such as gas stations, supermarkets, other retail establishments,
convenience stores, medical clinics, theaters and others. This is not a situation where a
few potential uses might cause problems. Abroad range of uses allowed in the MCX
district could potentially generate substantial traffic. Existing commercial zoned lands
are already centered in Pahoa Town approximately one mile from the subject property,
where commercial uses and traffic patterns have already been established.
Existing zoning would allow self-storage facilities in the Shipman Business Park
and on Milo Street. The Planning Commission also recently voted to allow the expansion
of an existing self-storage facility under a Special Permit in Hawaiian Paradise Park.
Existing infrastructure cannot support commercial development in this area east of
the Keaau-Pahoa Highway. Industrial-commercial uses at this location would create an
increase in cross-highway movement and traffic congestion. The Department of
Transportation (DOT) has requested a Traffic Impact Analysis Report for their review
and approval, and has recommended the channelization of the access intersection, street
lighting at the driveway intersection, highway improvements provided at no cost to the
State, and a left turn channelization lane. In addition, the DOT has recommended that the
applicant participate in a prorata share of future highway impacts and improvements and
the installation of guardrails providing protection from highway traffic. Thus, extensive
improvements would be required prior to the establishment of the proposed uses.
At this time, industrial-commercial uses could be more appropriately established
in closer proximity to Pahoa Town on the western side ofKeaau-Pahoa Highway where
such uses are already in existence. Therefore, from a land use perspective, to allow
further higher density industrial-commercial uses through the MCX zoning in this area
would be inappropriate at this time
Allowing this change of zone would undoubtedly serve as a precedent for future
rezonings for commercial and light industrial uses on the Keaau-Pahoa Highway in the
LUPAG Urban Expansion areas. The area designated Urban Expansion Area is over two
miles long.
Stacy Higa, Chairman
and Members of the County Council
Page 10
Based on the above, aMCX-la zoning is not appropriate for this property. The
request for a Change of Zone from an Agricultural (A-1 a) to Industrial-Commercial
Mixed (MCX-la) zoned district would not result in an appropriate land use pattern and
would not further the public convenience, necessity and general welfare. Therefore, it is
recommended that this request be denied.
As required by the County Council, draft bills to amend the State Land Use Boundaries Map and
Section 25-8-22 (Puna District Zone Map) of Chapter 25, Zoning Code are attached. Please note
that due to the denial recommendation, there are no conditions attached to the draft bills. We
have also enclosed copies of the Planning Department's Background and Recommendation
Reports as well as a transcript of the hearing.
Should you have any questions on this matter, please contact Norman Hayashi of the Planning
Department at 961-8288.
Sincerely,
C. Kimo Alameda, Chairman
Planning Commission
Lgardnerslu05-006rea05-020pc1
Enclosures
cc: Department of Public Works
Department of Water Supply
Corporation Counsel
PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
JANUARY 6, 2005
A regularly advertised heazing on the application of TIMOTHY LYNN GARDNER
{SLU OS-006/REZ OS-020) was called to order at 10:35 a.m. in the County Building,
Councilroom -Room 201, 25 Aupuni Street, Hilo, Hawaii, with Chairman C. Kimo Alameda
presiding.
PRESENT: C. Kimo Alameda ABSENT & EXCUSED: Jeffrey McCall
Fred Galdones Allen Salavea
Bill Graham Hannah Springer
Andrew Iwashita Rodney Watanabe
Rene' Siracusa
Ivan Torigoe, Deputy Corporation Counsel
Christopher J. Yuen, Planning Director
Norman Hayashi, Planning Program Manager
Phyllis Fujimoto, Staff Planner
Jeff Darrow, Staff Planner
And approximately 12 people from the public in attendance.
APPLICANT: TIMOTHY LYNN GARDNER (SLU 05-006/REZ OS-020)
a. State Land Use boundary amendment for 3.319 acres of land from the Agricultural to the
Urban district.
b. Change of Zone for 3.319 acres of land from an Agricultural ] -acre {A-1 a) to an
Industrial-Commercial Mixed 1-acre (MCX-la) district.
The property is located along the northeast side of the Keaau -Pahoa Road (Highway
130), approximately 1,500 feet north of the Pahoa Village Market complex, Keonepoko
Homesteads, Puna, Hawaii, TMK: 1-5-7:53.
ALAMEDA: What we have before us is Timothy Lynn Gardner (SLU OS-006 and
REZ OS-020). This is a State Land Use boundary amendment for 3.319 acres of land from the
Agricultural to the Urban district; also a Change of Zone for 3.319 acres of land from an
Agricultural 1-acre (A-1 a) to an Industrial-Commercial Mixed 1-acre (MCX-la) district. The
property is located along the northeast side of the Keaau -Pahoa Road, approximately 1,500 feet
north of the Pahoa Village Market complex, Keonepoko Homesteads, Puna, Hawaii. Staff?
HAYASHI: Thank you, Mr. Chair, Members of the Commission. The subject property
is indicated by this blue dot. It is a 3.3 acre property. It is situated along the northeast side of the
Keaau-Pahoa Road or also referred to as Highway 130. This is the Keaau-Pahoa going towards
Keaau; and this would be in the Kapoho direction. This would be the Pahoa Bypass Road. The
Highway 130 -Pahoa Village Road intersection is at this particular location. The Pahoa Village
ATTACH: Come. 680
Bills 220 & 221
Market Place is located in this location indicated by this blue shaded area; and it's approximately
1500 to 1600 feet from the subject property. We also have some neighborhood commercial
zoned properties at the corner of the Highway 130-Pahoa Village Road intersection. This is the
property that was previously owned and rezoned by Kaneshiro and Sons back in 1991. And the
property is currently owned by Paul Ogasawara; and Mr. Ogasawara intends to construct a gas
station, in the first increment construct a gas station as well as a convenience store. And plans
have been reviewed for plan approval by our Planning Department. Also at this particular
property a rezoning request, another small portion at the Kahakai Extension and Pahoa Village
Road corner is a commercially zoned property that was zoned back in approximately 1997 to
Sadamu Tsubota; and that particular property is used for an auto supply shop. I believe it's
called Napa.
SIRACUSA: It's not Napa, it's Pahoa Auto Supply.
HAYASHL Okay, Pahoa Auto Supply, I'm sorry. I stand corrected. And that's
located at this particular location.
The Planning Commission recently reviewed a special permit application for a fire station
site,and that is located adjacent and to the southeast of the subject property; and that would be
this particulaz property here. Now going to the site plan provided by the applicant, the applicant
intends to construct a self storage facility on the property. The proposal is to construct these
buildings, well, self storage buildings, consisting of approximately 56,000 square feet in total
size. We also have a proposed office For the self storage facility. The facility will be maintained
by one full-time employee and one part-time employee. The hours of operation for the storage
would be 6:00 a.m. to 8:00 p.m. daily; and the office would be from 8 a.m. ti114:30 p.m. The
development cost of the project would be approximately $2.5 to $3 million dollazs.
If you look at this proposed site plan, the access to the property off of Highway 130 would be at
the southeast portion of the property; and that would be in this particular location.
Commissioners will also recall the fire station site that was reviewed by the Planning
Commission; and the access for the fire station site would be approximately 120 feet from the
applicant's property.
The General Plan for this area is Urban Expansion. And if you look at your exhibit, I believe it
was Exhibit B, the General Plan designations are noted on that exhibit. The shaded areas is the
Pahoa Village core; and that would be this particular location. Around Che village core on the
General Plan map, there are white shaded areas; and those are the areas that are designated low
density on the General Plan. The urban expansion area extends approximately 2 miles from this
particular location north of the subject property to and including the Pahoa School as well as
slightly beyond that location.
We had received letters in opposition from the Main Street Pahoa Association; and that's
identified as your Exhibit L that was provided to you. We also received a letter dated
January 6`h, and that's today, and that was circulated to all of you this morning; and that was
from Mr. and Mrs. Wilfred Nahooikaika. They are adjacent property owners to the north and
reside on that property, and they also submitted that letter in opposition to the request.
2
The Planning Director after reviewing the application is recommending denial of both the State
Land Use Boundary Amendment from Agriculture to Urban, as well as the rezoning application
from Agricultural 1-acre to industrial commercial zoning. And basically the recommendation
indicated that we would not like to see higher density commercial type uses or industrial uses on
the makai side of the Highway 130; and that should be concentrated in this particular area, as
well as the Pahoa Village Center. We also indicated that although the applicant is requesting the
rezoning for a self storage facility, the MCX zoning also allows varied uses that ranges from
higher density type of commercial as well as industrial uses. We also indicated that from a
traffic standpoint a rezoning of this particular property along the makai side may create an
increase in cross-high movement from mauka and makai commercial activities. And, finally, as
far as the MCX zoning, because of the distance of the urban expansion area, we felt that by
rezoning this particular area for industrial-commercial zoning then it will create these types of
activities along both sides of the Keaau-Pahoa Highway or Highway 130 and it could also extend
for a distance of over two miles. So on that basis we are recommending approval (sic) of both
applications.
ALAMBDA: Thank you, Norman. Commissioner Siracusa, question?
SIRACUSA: Yes. There is a business on the same side of the Highway as the applicant
called Athena's Barbeque Chicken, something like that, and it used to be an anthurium packing
place, Likeke's I believe, which would have been an allowable use under the State Land Use;
and then now recently somebody is doing something else there. It's a very sort of danger ['ve
Never gone down into that property, simply because the thought of negotiating that blind
driveway is rather scary to me. I'm wondering where on the map that would be in relation to
this.
HAYASHI: Okay, that would be First of all, I stand corrected, we are
recommending denial, not approval of this particular request, on both requests. The property you
had indicated or the facility you had indicated is situated approximately three lots away from the
subject property. And that previously used to be owned by the Taira's; and they had their
roadside flower shop to sell for those agricultural products that were grown on the premises. So
I'll just stop at that.
SIRACUSA: Yes, yes. And I remember that. So, okay. And now I understand that
there's a post office in the planning somewhere in the future. Could you show us where that
parcel is?
HAYASHL Sure. The post office is situated adjacent to the Pahoa Village Market
Place; and that would be this particular property mauka of the Keaau-Pahoa Road.
SIRACUSA: And would the entrance be from the highway?
HAYASHI: Well, it seems that the only access would be from the highway.
SIRACUSA: And not from the Malama Market Place?
HAYASHI: Unless they have an easement through that particular property.
3
SIRACUSA: Okay. So I'm trying to see how much we're looking at in terms of action
onto the highway, which is a high-speed highway. State Department of Transportation has
refused to put in a traffic light there. We were discussing it at the meetings about the Fire
Department and the Police Station and, because there are a lot of accidents that happen right at
the intersection of Kahakai with the Bypass. Would you point to that, please. Thank you. Right
there. And now some of the traffic going into Malama Market and out of it is pretty hellacious;
and it's only because people are being really careful that nothing has happened there yet. So I'm
very concerned about putting something else
I have, on page 1 of the background report, Norman, No. 2, reasons for the request, it says
"According to the applicant, there are no existing self storage facilities serving Pahoa with the
nearest facilities in Keaau and Hilo operating at capacity." Was this written prior to the approval
of J&J's?
HAYASHI: No. This was written after, the application came in after the self storage
facility was, the first phase of the self storage facility was established. So the self storage facility
was in place when this application came in. Just to let you
SIRACUSA: Okay, so this is not an accurate statement?
HAYASHI: Well, yeah, this is what the applicant had provided to us.
SIRACUSA: Right. So the Commissioners should be aware that that is not an accurate
statement because not only was there the first increment of J&J Self Storage facility in Paradise
Park, but we have recently approved an additional increment of that self storage facility. So
And I have another question here; and we've never seen something like this, not since I've been
on the Commission. The applicant, under proposed development, No. 1, second bullet on page
1, just above the boldface type of that Exhibit A, it says, "The applicant states that he `will
contribute the property to a new LLC to be formed (tentatively Pahoa Storage Partners, Limited
Liablity Company)', of which the applicant will be a part owner." I've never, it's interesting to
me, you know, like contribute aprofit-making business or I'm wondering, for a while there
was a sign on that property that said "Blue Rock Storage," and I'm wondering if this is the same
thing, if these are the same people involved Who are these people going to be or, I mean, who
will these other part owners be?
HAYASHI: May I defer that question to the applicant's representative when he
appears?
SII2ACUSA: You may indeed. Thank you, Norman.
ALAMEDA: There's no further questions for Commissioner Graham, go ahead.
GRAHAM: I have one further question for Norman. This is in regard to Exhibit L
from the Pahoa Main Street. And the next to the last paragraph where Mr. Tucker indicates,
"The County of Hawaii at the time the bypasses were planned and developed provided
4
assurances to the Pahoa and Keaau business communities that commercial development would
not be allowed on the Highway i 30." I'm just wondering if you can verify this or give me some
idea of what kind of assurances he's referring to.
HAYASH: Well, I don't know if there were any kind of written assurance, but there
may have been discussions back in the past when the bypass road was being proposed. The
intent of a bypass road at that time was to Well, we do have the commercial core in the
village, so I think the intent was to, you know, because of the congestion in this area and the
narrowness of the road, the intent was to create this bypass road. And normally what you don't
want to do is create commercial, from a planning standpoint, commercial activities along a road
that you created so you can alleviate some of the problems within the existing commercial core.
I think that's the simplest stated.
GRAHAM: Right. And the only kind of fine point to that that strikes me is always that
this property is not on the bypass road, right? It's on the main road going to
HAYASHI: Yeah. But we're basically looking at the, I guess, the whole Keaau/Pahoa
corridor.
GRAHAM: Okay. Thank you.
ALAMEDA: Thank you, Commissioner Graham, for pointing that out. Commissioner
Siracusa.
SIRACUSA: Well, I just wanted to mention to Mr. Graham that I remember when those
assurances were made to the Pahoa community; and it came from the previous Planning
Director.
ALAMEDA: So noted. Other questions, Commissioners? Will the applicant, thank
you, Norman. Will the applicant please come forward, or its representative. Aloha.
NISHIMURA: Good morning.
ALAMEDA: Could you please raise your right hand. Do you affirm or swear to tell the
truth now before the Hawaii County Planning Commission?
NISHIMURA: I do.
ALAMEDA: Could you please state your name and address for the record, and you may
proceed.
NISHIMURA: Brian Nishimura, 1174 Awiki Place in Hilo.
ALAMEDA: Okay, did you get a chance to look at the Department's recommendation
and the feedback?
NISHIMURA: Yes, I did.
5
ALAMEDA: Do you have any comments?
NISHIMURA: Yes, I do. And before I get to my comments, I'll try to address
Commissioner Siracusa's question. That sign that you referred to, Blue Rock Construction and,
Blue Rock Self Storage, Ibelieve
SIRACUSA: Yes.
NIRHISMURA: Is on the same property that the chicken sale thing is on. It's not this
particular property.
SIRACUSA: Okay. So that means that the people who put up that sign are not the same
people who are involved in this new LLC?
NISHIMURA: That's correct. And the people that will manage the storage facility is "A-
American Self Storage Management Company," which does manage other self storage facilities,
2 on the Big Island, over 100 self storage facilities on the mainland.
SIRACUSA: So then the Pahoa Storage Partners will consist of Mr. Gardner and
A-American Self Storage Management Company?
NISHIMURA: That's correct.
SIRACUSA: Thank you. So, I just
ALAMEDA: Commissioner Siracusa.
SIRACUSA: I just want to follow up for ultimate clarification. So Mr. Paul Billings
who was the person whose phone number on the Blue Rock storage sign is not involved with
this?
NISHIMURA: Not at all.
SIRACUSA: Thank you.
ALAMEDA: Thank you, Commissioner Siracusa. You may proceed.
NISHIMURA: I'd like to begin by indicating that you know, we believe that there is a
tremendous need in the lower Puna District for industrial zoned property. That Pahoa area is
dramatically underserved. There is only one parcel zoned with any kind of industrial zoning in
the Pahoa area, which is the location of the Pahoa Market Place; and that is an 8-acre site. Based
on the population figures for the lower Puna District which numbered in the neighborhood of
10,000 people, there should be approximately 67 acres of industrial lands servicing that amount
of population. And, as I indicated, there are no other industrial zoned properties other than the
Pahoa Market Place. And the owner and the people from A-American Self Storage has seen a
6
need for this type of facility serving Pahoa, have looked for property in the area, and, you know,
has identified Chis particular location as something that they feel suits their needs.
The Planning Department has indicated that the, you know, the property is not situated adjacent
to urban designated lands, but in reality with the development of the adjacent 19-acre site by the
County, initially as a fire station but also planned are a major recreational complex as well as a
police substation, you know, the character of that particular area is going to change. The
recreational facility will include ball fields, as well as, a gymnasium has been mention as one of
the potential uses. So there will be an urban character introduced into the area by the
development of the adjacent property.
So although the present State Land Use Designation is agriculture, our contention is that the
character of the area is about to change and will change quickly. The Department has also
indicated concerns regarding traffic problems. We want to indicate that although the MCX
zoning is being requested, you know, the specific use being proposed is a self storage facility
which is one of the lowest traffic impact uses of any type of industrial activity. Surveys done
nationally for this type of use have indicated that a facility of this size would generate
approximately 20 vehicles per day. And if you were to look at the potential alternative uses for
this property, in its present zoning designation which is Ag-1, the owner could subdivide the
property into three lots with three dwellings, well, with one dwelling on each lot, generating
traffic that I believe would be comparable if not exceed the 20 vehicles per day.
It was mentioned that, in the Planning Department's recommendation, that there are other
existing self storage facilities, particularly in the Shipman Industrial Park and potentially at Milo
Street which are in the Keaau area and at least ten miles away from the subject property.
SIRACUSA: If I may
ALAMEDA: Sure, Commissioner Siracusa.
SIRACUSA: Intervene. Paradise Park, 13~h Street.
NISHIMURA: That maybe correct; however, if you were to drive to that location, it's
approximately 7 miles from this particular location, deep within the Paradise Park Subdivision.
And if I'm not mistaken, the original intent of that development was to serve the immediate area
only, and so it was developed as a small-scale facility. I think that if you look at, you know, the
alternatives or options available to people looking for self storage facilities, they're basically
looking at Keaau as the primary alternative. And, again, regardless of whether it happens here or
some place else, you know, there is, additional industrial zoned land will have to be provided for
servicing the lower Puna district. There really isn't any other options available right now.
I want to emphasize that, you know, the comments from the Main Street organization really
relate to a commercial type of facility that I agree that commercial enterprises should be
concentrated in the village core area of Pahoa. But industrial types of uses like the self storage
facilities are traditionally located on the fringe of urban areas. If you look at the self storage
facility serving the Waimea area, it's located right across of the Waimea Airport, it's on the
outskirts of Waimea town or Kamuela; and there are no urban designated areas surrounding that
7
facility. I mean, the urban designation I believe is a 50-acre location intended for an industrial
park. But, again, it was specifically cited on the fringe of the Kamuela urban area. So, like I
said, traditionally, I believe these types of urban industrial uses are not located within a core
commercial area but rather on the fringe areas of urban development. I think that's basically
what we have.
ALAMEDA: Thank you, Mr. Nishimura. This is an opportunity for us as
Commissioners to ask questions and try to refrain from making statements. We'll have time for
that too. So any questions for our applicant's representative? Commissioner Siracusa.
SIRACUSA: Yes. Mr. Nishimura, you and I met at some community meetings where
you were representing the Fire and Police proposals to move those facilities to the outskirts of
Pahoa town.
NISHIMURA: Yes.
SIRACUSA: And there were a lot of people there and we were talking, including people
from the Fire Department as you will recall, and the Police Department, and we were talking
about traffic problems.
NISHIMURA: Yes.
SIRACUSA: And you will recall that there was some mention of the high accident rate
at the intersection of the bypass and Kahakai and questions about will the Fire and Police have a,
will State Department of Transportation put a traffic light at that area where everything is
coming together, the Fire and Police on one side, the Malama Market on the other side. Do you
recall that?
NISHIMURA: Yes.
SIRACUSA: You informed us, or maybe it was the Fire Department that said that they
wouldn't need a light there. They had a thing where they could, within their vehicles change the
light, if there was a light, so that they could get out rapidly and not have to wait for a light to
change. Do you remember who it was who was telling us about that?
NISHIMUI2A: Well, the plan, and I believe what was indicated at that meeting, was that
in constructing the fire station they had planned to install flashing lights on signs that would be
placed, I believe, approximately 300 feet on either side of the fire station which would be
activated as needed when the fire engine would be leaving, or returning, to the facility to make
the motorists on the highway aware that, you know, the fire truck is leaving the facility. And
that was their, I guess, response to try to address the safety issue with regard to the fire station
itself. I believe in terms of the traffic signal, we felt that that was a matter that the State
Department of Transportation would have to address and, you know, we didn't feel like the Fire
Department would be, you know, have any control over whether or not a traffic signal was
placed there or not. You know, if there is an on-going, or a need for that, I believe that as the
community grows, as the population grows, you know, the traffic situation will not remain the
same and additional traffic improvements will have to be made. I believe that right now the area
8
perhaps should he downgraded to a 45 mile-an-hour speed limit rather than 55 as you approach
that intersection, just because, you know, people are going to be slowing down to make those
turns. And this property is within a quarter mile of that intersection; and I believe it would be
appropriate to have a reduced speed fronting that area.
SIRACUSA: Thank you. I agree with you on that. I also agree with you on the fact that
we do need industrial zoning. I'm just not sure that this is the place to put it. However, I did
want to address the access. The Fire Department would be accessing from that parcel right onto
the highway. And I believe the Police Department as well when they put their, for the same
reasons?
NISHIMURA: Well
SIRACUSA: Would they be using the same access road?
NISHIMURA: Initially that is what was anticipated, that the Police Department would
have their own separate access point. However, I cannot speak for them at this time; and it may
be that with the development of the recreational facilities the whole access for the park as well as
the police substation may be combined or may be altered in some way. At this point I don't
believe the plans have progressed to the point where a definitive answer can be given.
SIItACUSA: It's my understanding that the police development would precede any
development from Parks and Recreation, which might possibly decide instead of going right to
the highway to ease up some of the traffic there by going From the back road. But I'm still, you
know, I look at that, I drive that practically every day and it's already a nightmare. If we have to
wait for State Department of Transportation to make improvements, then I'm really concerned
because we've been waiting, since the bypass was built we've been waiting for more than six
years to get a stupid little school crossing sign on the road from DOT. And that doesn't give me
a great amount of faith.
ALAMEDA: Any other questions for our applicant? Commissioner Siracusa?
SIRACUSA: I was asking him questions.
ALAMEDA: You have any additional?
SIRACUSA: Not right now.
ALAMEDA: Okay. Other Commissioners, any questions? Okay. Any other comments
before I ask you to sit down?
NISHIMURA: I guess I should address the letter that was submitted by the Nahooikaikas.
And, you know, one of their concerns was to have people coming to the property and being able
to see their property and, I guess, invade their privacy. It is the intent of the developer to
completely fence and landscape the perimeter boundaries of the property so that as best as they
can screen their use from the adjoining properties; and, again, this is a very low impact type of
use. There is not, it's not a high volume or high traffic generator. People store their belongings
9
for long periods of time and do not make frequent visits to the facility, and so it is not anticipated
to have a high volume of people coming and going on a daily basis.
ALAMEDA: Thank you, Mr. Nishimura. Did that trigger any questions for our
Commissioners? Okay, thank you. You may be seated. There is public testimony on this
matter. We have three individuals. Could I ask Mr. Rob Tucker and Mr. Wilfred Nahooikaika
and Mrs. Clara Nahooikaikai to please come forward. I believe there's enough chairs for all of
you.
I'm going to swear all of you in at once, if you don't mind. Could you all please raise your right
hand. Do you swear or affirm to tell the truth now before the Hawaii County Planning
Commission?
TESTIFIERS: I do.
ALAMEDA: Okay. Could we please start with my left; and please state your name and
address for the record, and then you may proceed with your testimony.
TUCKER: Robert Tucker, my mailing address is PO Box 6097, Hilo.
ALAMEDA: Okay, you can proceed.
TUCKER: Okay. I am Vice-President of Main Street Pahoa Association; and I'm the
author of the letter which I believe is your Exhibit L. Our interests in this application are kind of
both specific and general. And I'd like to address the general issues, first of all, and to the
degree that Commissioner Iwashita has mentioned, the need for developed zoning in our
communities. We feel very strongly that this is also so. And I also want to express our gratitude
for the, what we've seen to be consistent efforts by the Planning Department and the
Commission to attend to these issues along our area and comdor rather effectively.
S[RACUSA: Excuse me, could you just push that (microphone) closer to you. Thank
you.
RUCKER: A little closer to me, okay, okay, what we feel as rather effectively
addressing these issue. Main Street Pahoa Association is Nonprofit 504(c)(6) which is a
business nonprofit. Our mission statement is for the social and economic well being of Pahoa.
With a little broader viewpoint, we look to lower Puna as our area that we live in and enjoy and
we care about.
The history of the creation of the bypass may have or may not have documented written
assurances that were provided about to the business communities of Pahoa and Keaau with their
bypass creations. But from what I have received from the business community, these assurances
were made at some point by someone and they may or may not be binding. However, we are in
a point of times, such as the applicant mentions, when things are changing. And the view we
need to take on these changes as they're applied for on a spot basis is a long-term view, what are
going to be the effects of this. We recognize, Main Street recognizes that there could be a very
real and sincere need for self storage facilities such as this applicant represents and other things
10
in the area. And that need will be driving our desire to participate with the County to further
develop the commercial zoning to, you know, address these needs as the future grows. We also
feel that at this moment in time, a very interesting moment in time, 2006 as we enter it, the forces
for development that are occurring along this corridor from Keaau to Pahoa aze very similar to
the forces of development that guided the development of places such as the San Fernando
Valley. And we see this application, in a general way, as the opportunity for a precedent to
allow commercial development along our corridor from Keaau to Hilo and that that precedent
once granted would enhance other applications to the development 10, 20, 30 yeazs from now of
what would be, could be, I couldn't say would be, but could be, you know, a sea of strip malls,
you know, and flashing lights, you know, running up and down the highways. We've seen this
before in other places. I have been fortunate in my life personally to live in places that had very
long-term strategic planning in place, in Europe, for example; and the differences can be really
startling.
Now we have an agricultural district which by decisions made decades ago have endowed it with
a lot of lots which will be developed. And the concerns of traffic and the commercial needs, how
to create appropriate commercial development are all issues that we all have to pay attention to,
and Main Street is going to be paying attention to.
We think that some of the commercial development we've seen in the areas such as Orchidland
taking place off of the highway is very appropriate. And we're not here to oppose development
for opposition sake. With the applicant, which we don't know personally at all, indicating a 2 to
3 million dollar commitment for a self storage facility, we think that that's a very high level of
commitment to a business which we suspect will be very successfirl; and we think that that
commitment should and would appropriately be best placed with more of a commitment to a
better location.
So our opposition is actually general to the whole comdor ofKeaau-Pahoa. We think that the
bypass when it was created redefined the nature of Pahoa Village which we now look at as from
bypass point to the high school, rather than just a narrow little section of the old town. And we
think that with the proper energies put forth for zoning within that loop of the town for light
industrial or urban, commercial growth, that the Village of Pahoa would be enhanced. Now the
traffic issues we're very concerned about as well as the applicant is on a curve. We're also
concerned about the adjacent property which we feel is a nonconforming illegal use and is
representing hazards that should not be allowed to continue. We're not here to address that here
at this application.
And that would basically be my statement.
ALAMEDA: Thank you. And this is, just to make note that we cannot backtrack on
testimonies, so if you have anything else to say now is the time, unless our Commissioners have
questions later on.
TUCKER: I'm finished with mine. Thank you.
ALAMEDA: Okay. Any questions for our testifier? Commissioner Galdones.
11
GALDONES: Thank you, Mr. Chair. Mr. Tucker, I support the interests of the Main
Street Pahoa Association to try to develop the community as they want it to and situate the
businesses where they believe is in the best interest of the community. In this particular case, is
there any other area that this venture may be properly located that would be acceptable by Main
Street?
TUCKER: Well, the simplest answer to that would probably be yes I am not a
realtor sufficiently knowledgeable about al] real estate opportunities in the area to identify one
for them at this moment. However, with the example of J&J Seif storage on 13`h Street in
Paradise Park, it maybe that under some similar type of use permission, a similar development
could be placed in some other subdivision off Highway I do see the potential for a self storage
facility to be relatively low impact for an area. If it was deemed to be appropriate off of Kaloli
and 23th Street, who knows, it might be deemed to be appropriate in some other location that I
couldn't identify right now.
I could also see that there's potential in my mind for properties of developments of this sort
within the area of the Pahoa Loop. Now the Pahoa is now encompassed by a bypass which
encompasses, if I could get up and point
ALAMEDA: Sure, go ahead. Use the mike, please.
TUCKER: This bypass that was created, and well created, thank you very much,
incorporates a number of agriculturally zoned properties which I would suggest in the Future of
the next 20 to 30 years is going to be reducing in its agricultural impact and is very prime for
rezoning it to commercial or residential uses through these areas here; and that would be
maintaining our commercial corridor through town. Now I'm not here to discourage agricultural
uses in these areas, but I think that the timeline of these specific properties, and there are a
number of them, is on a short timeline for an agricultural future and would be appropriate for
rezonings. I don't own them, I wish I did.
ALAMEDA: Thank you. Commissioner Galdones, any follow up to that?
GALDONES: Yes, Mr. Chair, thank you.
ALAMEDA: Sure.
GALDONES: Mr. Tucker, you had mentioned some other places that it might be
suitable, like you mentioned Kaloli. Are those also residential areas?
TUCKER: Well, Kaloli to the best of my knowledge is agriculturally zoned for 1
acre; and it has some type of a zoning approval, which I'm not aware of, that allowed a self
storage facility to be applied.
GALDONES: Are there other businesses within that area on Kaloli?
TUCKER: Not to my personal knowledge.
12
GALDONES: Mostly a lot of homes, they have residential
TUCKER: Yes. But the question you ask is a good one because as I tried to answer it
looking at J&J Self storage on Kaloli, what I'm grappling with is a precedent. Now a precedent
has been made in an agriculturally zoned largely residential area where a self storage facility was
permitted. And it's with that same viewpoint that I'm looking at the potentials for a precedent of
commercial development on 130. Because 2 or 3 yeazs from now we won't be looking at just
one or two more applications, there will be many for such, you know, conversions.
GALDONES: So is it the Main Street's objection is you don't want anything on
Highway 130, any businesses being developed along 130, Highway 130?
TUCKER: Commercial businesses, that would be basically our flat position. We
would probably support well-thought public uses, such as Fire Department and Police. We
understand that there's talk about a new post office along that route, too; and we have to take a
look at that, its plans and intentions. We believe that the town azeas or village areas of Keaau
and the village areas of Pahoa are approximate enough to be able to reach half way toward each
other and provide commercial opportunity without creating massive more traffic into Hilo every
day for every little thing. So we think it would be logical and practical for the County to look at
Keaau Village and Pahoa Village for its primary development of commercial and light industrial
uses; and we need the jobs and we need, you know, we need the business. But wejust don't
need it spread, you know, from edge to edge, which is what we think this would open the door
to.
GALDONES: How active is this Main Street Pahoa Association?
TUCKER: Well, it meets actively once a month. It has annual meetings. We have a
membership of approximately 80 plus on the town. We have just promoted and put on the Pahoa
Christmas Pazade, for example. It was just held last month. We have some other activities we're
involved with. We've been involved highly in the past couple years on the acquisition of the 56-
acre pazcel for Pahoa district park use; and that was aten-year effort on Main Street's part. And
so we have the ability to function over a long period of time on these views; and we're taking the
long view here. This is the long view.
GALDONES: And the Association has taken this subject matter that's before us right
now and has established the position that you had articulated in your letter?
TUCKER: Yes, sir. Approximately 18 months ago we were approached by a private
developer from Bakersville, California who was interested in acquiring some agricultural ?and
and was looking for our support for an application, and he was a little discouraged.
Unfortunately, for him, it wasn't personal, but when we examined the issue and we looked at it,
we had to just write a letter of lack of support for his project. And it wasn't personal. And, in
fact, at the same time 18 months ago we felt that the town could probably use a self storage
facility in the area. But for the same issues I've enumerated here, we took a vote on that; and
when we took the vote on that issue, we took it rather broadly that we weren't just opposing that
project and that development. In that sense we were taking the opposition in a more general
sense, which is what I'm expressing here at this moment.
13
GALDONES: Thank you.
TUCKER: Sure.
ALAMEDA: Commissioner Siracusa.
SIRACUSA: For Mr. Galdones's information, Main Street Pahoa Association is also a
signatory member to the Pahoa Weed and Seed program which has its own economic
development committee. And they're on the same page regarding that kind of development on
the Highway.
Would you consider, Mr. Tucker, a parcel, say, in the area of the Pahoa Transfer Station as being
an appropriate location for a facility such as being proposed today?
TUCKER: Well, I appreciate the question. It's kind of just directed to me personally.
You know, I'm not on the Planning Commission; and I don't want to be the person who wants to
give these investors and these business people advice on how to run their lives and make their
business decisions. My position would be that there are other properties that could be well worth
considering in that area.
SIRACUSA: I was just trying to follow up on Mr. Galdones's, Commissioner
Galdones's question about if there are any appropriate parcels in the area.
ALAMEDA: Any other questions for our testifier before we proceed? Commissioner
Graham.
GRAHAM: I'd just like to thank you for taking the energy and the effort to come
before us today and be forthright and answer all our questions. It seems like it's all volunteered
time and I feel like it's very valuable what you're doing, so thank you.
TUCKER: You're very welcomed. Thank you, sir.
ALAMEDA: Thank you. Seeing no more question, we can proceed to our next testifier,
Ms. Clara Nohooikaika. If you can state your name, full name, and address for the record; and
then you may proceed.
C. NAHOOIKAIKA: Good morning. My name is Clara Nahooikaika. I'm a resident of
15-2591, Keaau-Pahoa Highway.
ALAMEDA: Thank you. We did receive your letter. And are there any highlights from
that letter you'd like to share with us or
C. NAHOOIKAIKA: I actually want to read it because then I can really illustrate my emotion ad
passion about my opposition to this, if you don't mind.
ALAMEDA: Sure.
14
C. NAHOOIKAIKA: Okay. We, Wilfred, is my husband, and myself, we relocated to the Big
Island in September of 2001. It was a major transition for us, for me from Oahu. But home was
Kailua and I thought, wow, I found a new home that I could really grow to love, which I did,
which we both did. We looked at over 50 properties when we first came over here, most of them
in Hilo, before settling on 15-2591 Keaau-Pahoa Highway. We were attracted to this green,
lush environment. It was set away from, you know, it didn't have neighbors immediately next to
me like we did on Oahu. So it was spacious, it had privacy, it was country living. It was
affordable, it was on county water, and it had lots of character and not exceedingly remote to put
this city girl, you know, a little bit out of place.
Our appeal today to the Commission is to deny this application for a zone change. When we
purchased our property it was going to be our life-long home for our children and grandchildren
to enjoy. If we wanted to live in an industrious area we would have stayed on Oahu. I mean, can
you understand that? We would have stayed on Oahu. There's certainly enough places on Oahu
and a good share of them in Kona and in Hilo. There are needs in every community; and there
may be a need for a storage facility. I just don't believe that it needs to be here. We chose this
property and we don't want to see zoning changes. Mr. Gardner never resided here, like we
have. So he doesn't really have an appreciation of the locale as we've developed. It's a business
opportunity, that's his choice.
The property, Mr. Gardner's property changed ownership three times in the short period of time
that we were there. When we first got there, the first owner sold it without us even knowing it
was being sold. The second owner sold it again, and we still didn't know it was being sold. The
sellers probably profited, and that's okay. That's not expected, I mean, that's not unexpected.
But let's try to keep it residential. When we learned that Mr. Gardner had purchased this
property my husband contacted him, informing him that we were interested in acquiring it. We
were genuinely serious about trying to preserve our home and our neighborhood and the appeal
that it offers. There are just not enough places in Hawaii or anywhere else that has this, that I've
come to appreciate about Pahoa.
Keaau-Pahoa Highway has exceeded its capacity, we all agree on that. Puna's growth and the
new Pahoa Market Place make it an extremely busy stretch of road. To allow more cars to enter
and exit this busy road is irresponsible in my opinion. But I've listened to some of the testimony
this morning and I understand the survey being where the volume would only increase about 20
cars per day. That maybe. That's 20 cars. I know because often when I have to exit our
property it's a lengthy wait in order to do it safely. It is difficult to turn into our property, that
would be a left turn coming from Hilo, because cars come so fast on that road, or they try to pass
on the shoulders. So it presents some pretty serious hazards, potential hazards. I can speak first
hand because I had a very close call one day trying to come out of my driveway where the
people across the street had their blinker to make a left turn, they were facing Hilo and I was well
inside the approach of my driveway, when a truck overtook this car on the right and nearly
creamed me. He was going fast and blasting his horn as if I was doing something wrong. But it
happens. There are just too many impatient and inconsiderate and reckless drivers out there. It's
scary to think of the potential hazards that a zoning change could bring.
15
One may ask why then didn't we object when the County announced plans for emergency
service facilities on the south side of our property, of Mr. Gardner's property. We believe and
we support these facilities in every community. Pahoa is growing, we do need to have the proper
safety and emergency services. They're essential. A self storage facility or any other
commercial entity in this area is not.
My husband retired from Honolulu Fire Department, and we had a lot of good discussion when
Mr. Nishimura's letter arrived. The proposed location for the new emergency services we agreed
made sense, it was suitable. It afforded accessibility and a much quicker response time for all
who need them. I hear the sirens from our house; and what bothers me is did they get out there
soon enough. They're coming from Pahoa Village, you know, and it's not very accessible. The
Highway would be a suitable place. And I know that for a park the planners will take into
account, they would plan accordingly in order to avoid the cars coming onto the highway or
entering the park from the highway. In my mind I'm thinking only the emergency equipment
need to exit their quarters from the main road. We can make alternatives for the other stuff, you
know.
We have lots of concerns, and I do not want to ramble, or take too much of your time. We just
want to ask that you seriously consider the existing traffic conditions and the timeline, if any,
that the County or the State has for road improvements to meet the great demands of growth in
this area.
I believe that our family, we both believe, would be the most impacted if this is approved. I'm
very familiar with the Blue Rock Self storage sign that hung in front of the property north of
ours, it was right next to us. I saw that one day and I went, "oh, my gosh," you know. And I
hadn't heard anything until I saw this big sign; and it stayed up there for a few months. And then
all of a sudden the sign was gone.
If the Commission were to approve this application that's presently on the table, my concern is
the precedent, like Mr. Tucker said, that it will set; and my family, the result would be a storage
facility on one side and possibly another storage facility on the other side. That's not what we
moved to Puna for. A 2 %2 to 3 million dollar complex is very significant. I'm thinking big
buildings. You know, I'm just thinking big. I am concerned about that. I believe that there is
going to be loss of our privacy and my sense of safety in my own home. Strangers will be
coming through the property adjacent to me. There are strangers that will go to the park, too.
But, you know, I'm thinking people coming very close to my property and being able to see into
my garage and my coming and going, and my cars. And it's uncomfortable; I think, even if it's
20 people, to be sitting on a lanai or having a family barbeque with storage warehouses and a
bunch of strangers in such close proximity.
I just want to thank you for your time. My husband would like to say some things. So, I guess,
if anyone has any questions forme first and
ALAMEDA: Sure. Questions? Commissioner Siracusa?
SIRACUSA: Yes. Clara, are you still post-mistress at Pahoa?
16
C. NAHOOIKAIKA: I am.
SIRACUSA: Do you have any indication about when they pan to put in the new office?
C. NAHOOIKAIKA: I can't wait for them to write something in blood, but they don't. I
understand that there's a, you know, we had a public meeting at Pahoa High School and the
representative that came from the Postal Service said that it could go into planning as early as
2007; but l couldn't say for sure when that will really happen.
SIRACUSA: Yeah. At this point, the Pahoa Post Office, would you say that it is over-
exceeding its capacity?
C. NAHOOIKAIKA: Yes, Ma'am.
SIRACUSA: And how about the parking lot?
C. HOOIKAIKA: Yes, Ma'am.
SIRACUSA: I agree with you. It would create a lot of traffic once it's out in the new
location because of the growing
C. NAHOOIKAIKA: Yes, I figured that.
SIRACUSA: And so we have to consider not only the existing traffic now in that area
but how much additional traffic there would be once the post office is there, once the recreation
is there, once the police department is there, etc., and take that into consideration.
C. NAHOOIKAIKA: Yes.
SIRACUSA: Do you have any thoughts on that matter you'd like to elaborate for us?
C. NAHOOIKAIKA: I do. At the public meeting that we had with the US Postal Service
Representative from the Pacific area, that was one of my biggest things; and others expressed
about the parking situation and, you know, the accessibility going into the post office and leaving
it. I asked him who was going to look at this because I know that that area is very congested and
safety was paramount in my eyes. I saw how Malama had become so busy. I understand the
Postal Service purchased this property about 1 S years ago and, you know, still they haven't built;
and we definitely need a new postal facility. But I don't know how the traffic patterns would be.
That was one of my questions to the representative from Facilities at the area.
SIRACUSA: Could you give us a sort of a, just a stab in the dazk as to how many cars
pull into the current post office in a day, just so we can get a feeling for amount of traffic? I
mean the storage facility is talking about 20 cars in a day. Let's look at cumulative impacts is
why I'm asking you.
C. NAHOOIKAIKA: Probably, I mean, just a stab in the dark, we have 17 marked stalls. There
are periods in the day that they are all full, other times not so. Easily, I would think, no less than
17
100. They also park on the street and next to the building. So though you've kind of sparked a
thought in my mind, I should perfonn a survey and see I know how many transactions come
through the window in an hour, but I don't know how many cars are coming through.
SIRACUSA: Yeah, some people walk to the post office
C. NAHOOIKAIKA: Yeah.
SIRACUSA: So you can't separate that. I'm just looking at cumulative impacts and
wondering, you know, down the line, what are we looking at in terms of traffic exiting onto the
highway. Thank you, Mrs. Nahooikaika.
C. NAHOOIKAIKA: You're welcome.
ALAMEDA: I appreciate the question, Commissioner Siracusa. As you know,
Mrs. Nahooikaika, this is your chance. Do you have any other statements to make regarding this
particular application before we proceed?
C. NAHOOIKAIKA: No.
ALAMEDA: Okay. Any other questions?
SIRACUSA: Can I ask for afive-minute recess?
ALAMEDA: I'm wondering if it would be best to do it after our final Certifier. I would
like to proceed since Mr. Nahooikaika is patiently waiting; and then we could probably take a
break after that.
W. NAHOOIKAIKA: My name is Wilfred Nahooikaika, and I also reside at 15-2591 Keaau-
Pahoa Highway. Clara and I, we moved here September, like she said, about 5 years ago. And
when we bought our property it was country, it was agricultural homestead lots, and we thought
about farming also. So it took us a while, but the Christmas weekend I had two acres of my
property excavated; and the purpose for this was I have intentions of growing puakinikini trees.
So I really feel that we did the right thing by buying this property because this is what we
wanted; and being in the country, this is also what we wanted.
When I found out that we missed purchasing Mr. Gardener's property two times, I called
Mr. Gardner and asked him that if he had any intentions of selling his property would he
consider selling it to me at a fair market price. So he said, oh, sure. So several two to three years
passed and he called me to tell me that he wanted to rezone his property because he didn't think
he was going to reside there being that his property next to him, south of his property, were being
developed for emergency facilities, which is the Fire Deparhnent, and Police, and recreational
facilities also. So he decided that he didn't want to live there so he intended to change his
property into urban/commercial for this self storage facility. Anyway, I don't want to repeat
what Clara had already said but I feel strongly about the vandalism that's been happening in
Pahoa. And I feel uncomfortable all the time knowing this in the back of my mind that maybe
one day I will be the subject of some very fortunate thieves. But we have valuable household
18
goods, personal properties that we really care about. So I think by having this self storage
facility, it's just opening the door to vandalism and robberies. Cause these guys that do this, they
are good, they are good at what they do. So I'm kind of concerned about that issue.
And I want to thank you for your time.
ALAMEDA: Thank you very much, Mr. Nahooikaika. Any questions for Wilfred?
Commissioner Iwashita.
IWASHITA: Mr. Nahooikaika, when you talked to Mr. Gardner about, when he told
you that he wanted to do this rezoning, did you tell him now what you're telling us, that you
didn't think it was good idea or not?
W. NAHOOIKAIKA: He asked me and at the time I thought, well, I have no problem, you know.
But I really didn't give it some serious consideration. But then I started to think about oh, my,
you know, then Sometimes my judgments and ideas are not very quick to it, you know. But I
gave it some reconsideration and I feel that opposing Mr. Gardner's idea -it's inappropriate at
this time.
IWASHITA: Mrs., I'd like to ask your wife some questions. You folks received a
notice about this application, right? Did
C. NAHOOIKAIKA: The one that was dated December 19`h?
IWASHITA: Or even before when, the notices that get sent out
W. NAHOOIKAIKA:I've got the one December 19`h and then also the one in August about the
Fire Department plans.
IWASHITA: Okay. And since receiving that, after you got that, did you have any direct
contact with the applicant or the applicant's representative, Mr. Gardner or Mr. Nishimura? Did
you
C. NAHOOIKAIKA: Only, this morning is the first time we ever seen or met Mr. Gardner or
seen Mr. Nishimura. But I called him yesterday because I didn't know the procedure that was
required as far as, you know, could we testify, did I need to register in advance, and so forth. So
we did have just a couple of things to clear up yesterday. But prior to that, no.
IWASHITA: Okay, thank you.
ALAMEDA: I want to acknowledge our request for a break. So if there's no other
questions for our testifiers, I'd like to take five, and then come back and proceed. Are there any
objections to that?
Again, thank you very much for your public testify. We really appreciate it.
W. NAHOOIKAIKA: Thank you, Mr. Chairman.
l9
RECESSED The Chair called a short recess at 11:45 a.m.
RECONVENED The meeting reconvened at 11:51 a.m.
ALAMEDA: Okay, will the Hawaii County Planning Commission now come back to
order. All right, fellow Commissioners, we'vejust heard testimony. I'd like to invite the
applicant back or his representative, to the table. Okay, testimony, do you have any additional
comments you'd like to present?
NISHIMURA: The only comment I think that I'd like to make is given the location of the
facility in relation to other self storage facilities, the operator anticipates that the vast majority of
their customers would be coming from the southerly direction to serve the lower Puna area. I
believe that those people that reside north of the property, the vast majority of them, would
probably choose to go to Keaau for this type of service. And that being the case, we would
anticipate that most of the traffic would be coming from the southerly direction making right
turns into the property. So wejust wanted to add that as a clarifying point.
ALAMEDA: All right. Fellow Commissioners, are there any other clarifications you
need to move to the next level?
GALDONES: Mr. Chairman?
ALAMEDA: Commissioner Galdones.
GALDONES: Thank you, Mr. Chair. Mr. Nishimura, did Main Street have a meeting
with your client and did Main Street inform your client of their objection to the location?
NISHIMURA: We received the letter that was made part of the record, but we did not
have a meeting with them specifically. So we received the letter and we responded to them in
writing.
GALDONES: During the planning process there was no discussion with Main Street that
your client had the intention of building this and asking for the support of Main Street
Association?
NISHIMiJRA: No.
GALDONES: He was aware that there was an Association?
NISHIMiJRA: Well, we were aware of, like I said, the letter that came in; and so we
prepared a response to that letter, yes.
GALDONES: Thank you.
ALAMEDA: Other questions, Commissioners, you might have before we move into
deliberations for our applicant's representative? I have one for Mr. Hayashi, if you don't mind,
20
we have two sort of applications before us, and one has to precede the other. Could you share a
little bit how that works?
HAYASHI: Yes. You should vote on the State Land Use Boundary Amendment
request first, and then depends on what happens to that
ALAMEDA: Okay. Okay, fellow Commissioners, what's your pleasure?
Commissioner Siracusa.
SIRACUSA: I would like to make a motion once the applicant's representative steps
down.
ALAMEDA: Okay. No further questions for our applicant? All right, thank you. You
may sit down. This recommendation does come with the Department's actually unfavorable
recommendation before us. Commissioner Siracusa?
SIRACUSA: I move that an unfavorable recommendation be forwarded to the County
Council on the application for a State Land Use Boundary Amendment, Docket No. SLU
OS-006, based on the Planning Director's recommendation.
ALAMEDA: There's a motion made by Commissioner Siracusa, is there a second?
GRAHAM: Second.
ALAMEDA: Seconded by Commissioner Graham. Discussion?
GALDONES: Mr. Chairman?
ALAMEDA: Commissioner Galdones.
GALDONES: Thank you, Mr. Chairman. Question of Norman. On the recommendation
for the State Land Use Boundary Amendment application, on page 2 it mentions the Hawaii
Land Use Commission Rules and mentions that it does not meet the following standards. Could
you elaborate on that, the two bullet points.
HAYASHI: Well, basically, what it states is, that first bullet states that it should be
contiguous to existing urban designated areas. In this particular case, the property is not adjacent
to any existing urban designated areas.
And the second bullet basically talks about not to have the so-called urban designation all over
the place, so, in other words, to spot it from one location to the other, to another location. So
basically we felt that in this, at this particular time the reclassification ofthe property to an urban
district would not be consistent with that criteria as established by the State Land Use Law.
GALDONES_ So it's just the location that does not meet these two bullet points that you
mentioned?
21
HAYASHI: That is correct, yes.
GALDONES: Thank you.
HAYASHI: Any additional questions for staff or for each other? This is the time to
discuss. Seeing none, staff. Commissioner Siracusa?
SIRACUSA: Aye.
HAYASHI: Commissioner Graham?
GRAHAM: Aye.
HAYASHI: Commissioner Iwashita?
IWASHITA: Aye.
HAYASHI: Commissioner Galdones?
GALDONES: Aye.
HAYASHI: Chair Alameda?
ALAMEDA: Aye.
HAYASHI: Mr. Chairman, motion carries to deny the request as recommended by the
Planning Director.
ALAMEDA: Thank you. Should we invite the applicant back or what's the protocol?
How do we move to the next step? Should we entertain a motion for this? Let me ask our Corp.
Counsel, Mr. Torigoe?
TORIGOE: Yeah, well, you have two items. You have the Change of Zone
Application as well as the State Land Use Boundary Application. I think for the record you
should have disposition of both cause this has to go to the County Council,
ALAMEDA: Okay, so noted. Commissioner Siracusa?
SII2ACUSA: I move that an unfavorable recommendation be forwarded to the County
Council on the application for Change of Zone Docket Number REZ OS-020 based on the
Planning Director's recommendation.
ALAMEDA: Motion was made by Commissioner Siracusa. Is there a second?
GRAHAM: Second.
22
ALAMEDA: Second was made by Commissioner Graham. Discussion? Seeing none,
staff.
HAYASHI: Thank you. Commissioner Siracusa?
SIRACUSA: Aye.
HAYASHI: Commissioner Graham?
GRAHAM: Aye.
HAYASHI: Commissioner Iwashita?
IWASHITA: Aye.
HAYASHI: Commissioner Galdones?
GALDONES: Aye.
HAYASHI: Chair Alameda?
ALAMEDA: Aye.
HAYASHI: Mr. Chairman, motion carries.
ALAMEDA: Thank you. The applicant's representative will be informed in writing of
this decision. And thank you again the public for your presence and for your testimony.
The discussion ended at 12 noon.
Respectfully submitted,
Sharon M. Nomura
East Hawaii Secretary
23
ac,~.a~ors~uaez.ao~- i zrzoros
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
TIMOTHY LYNN GARDNER
STATE LAND USE BOUNDARY AMENDMENT (SLU OS-006)
CHANGE OF ZONE APPLICATION (REZ OS-020)
TIMOTHY LYNN GARDNER has submitted applications for a State Land Use
Boundary Amendment from Agricultural to Urban, and a Change of Zone from Agricultural 1-
acre (A-la) to Industrial-Commercial Mixed 1-acre (MCX-la) for approximately 3.319 acres of
land. The property is located along the northeast side of the Keaau-Pahoa Road (Highway 130),
approximately 1,900 feet north of the Highway 130 - Pahoa Village Road junction, Puna, Hawaii,
TMK: 1-5-7: 53.
PROPOSED DEVELOPMENT
1. Request: State Land Use Boundary Amendment from Agricultural to Urban and Change
of zone from Agricultural 1-acre (A-la) to Industrial-Commercial Mixed 1-acre (MCX-
1 a) to develop a self storage facility on the property. The entire 3.319-acre parcel will be
utilized for the proposed facility. The project consists of the following:
• Nine (9) single-story steel buildings divided into individual self storage units with
individual steel doors.
• Approximately 56,200 square feet under roof including an office approximately 200
square feet in size.
The applicant states that he "will contribute the property to a new LLC to be formed
(tentatively Pahoa Storage Partners, LLC)", of which the applicant will be apart-owner.
(Exhibit A -State Land Use Boundary Amendment and Change of Zone
application)
2. Reasons for the request: The applicant intends to address the demand for self-storage
facilities in lower Puna and Pahoa. According to the applicant, there are no existing self
storage facilities serving Pahoa with the nearest facilities in Keaau and Hilo operating at
capacity.
-1-
3. Employees: One fiill time and one part time employee on the site.
4. Hours of Operation: Office hours will be 8:00 a.m. to 4:30 p.m.; storage hours will be
from 6:00 a.m. to 8:00 p.m. daily.
5. Management of facility: The facility will be managed by A-American Self Storage
Management Co., Inc. which currently manages over 100 self storage facilities
nationwide include nine facilities in the State and two facilities on the Big Island.
6. Timeframe and Cost: The applicant anticipates that construction will be completed
within 12 months at an estimated cost of $2.5 to $3 million.
7. Landowner: Timothy Lynn Gazdner.
STATE AND COUNTY PLANS
8. State Land Use Designation: Agricultural.
9. General Plan LUPAG Map: Urban Expansion Area. Allows for a mix of high density,
medium density, low density, industrial, industrial-commercial and/or open designations
in azeas where new settlements may be desirable, but where the specific settlement
pattern and mix of uses have not yet been determined. (Exhibit B - GP LUPAG map
for Pahoa)
10. County Zoning: Agricultural 1-acre (A-la).
11. Proposed MCX Zoning: The purpose of the MCX (indushial-commercial mixed use)
district is to allow mixing of some industrial uses with commercial uses. The intent of
this district is to provide for azeas 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. The height limit in the MCX district is QS feet.
The minimum yazds in the MCX district aze front yards 20 feet, side and reaz yards, none,
except where the adjoining building site is in a RS, RD, RM or RCX zoned district.
Where the side or reaz property line adjoins the side or reaz yard of a building site in a RS,
RD, RM or RCX zoned district, side or reaz yazd must conform to the side or reaz yazd
requirements for dwelling use of the adjoining district. (Exhibit C -Hawaii County
Zoning Code, Chapter 25, Article 5, Division 13, MCX district)
_Z_
12. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies
within the Coastal Zone Management azea. The property is not an oceanfront parcel and
will not be impacted by coastal hazazd and beach erosion.
13. Special Management Area: The SMA is a part of the Coastal Zone Management
Program regulated by the County. The property is not located in the SMA.
14. Notification: On November 14, 2005, a sign was posted on the property in accordance
with Chapter 25, Article 2, Division 1, Section 25-2-12, Hawaii County Code (2005
Edition).
DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA
15. Subject Property: The property is an approximately 3319-acre vacant gazcel located on
the north side of the Keaau-Pahoa Highway. There is a 63-year old single-family
dwelling on the property. The dwelling will be moved or demolished prior to the start of
construction. The entire pazcel has been cleazed and graded. Vegetation consists
primarily of low lying grass and landscaping for the dwelling.
16. Surrounding Zoning and Land Uses: Surrounding properties to the northwest and
south aze zoned A-la, and properties to the east aze zoned A-Sa. The azea is
characterized by a mix of residential, agricultural and commercial uses. The adjacent
pazcel to the southeast (TMK: 1-5-7: 17) was granted a Special Permit on September 2,
2005 for the establishment of a fire station. The Pahoa Agricultural Pazk, Phase II is
located south east of the property and includes a mix of residential and agricultural uses.
The Pahoa Mazket Place, which includes a mix of commercial and industrial uses, is
located approximately 1,800 feet southwest of the property. This property, identified as
TMK: 1-5-7: 80, was redesignated from an Agricultural to the Urban district and rezoned
from A-la to MCX-20 by Ordinance No. 00 77 effective July 18, 2000.
17. U.S.D.A. Soil Type: rLW, Pahoehoe lava flows. Pahoehoe lava has no soil covering and
is typically bare of vegetation except for mosses and lichens.
18. ALISH: Unclassified.
19. Land Study Bureau's Productivity Rating: "E" or "Very Poor"
20. Noise Impacts: Short-term noise impacts associated with the project aze temporary, and
-3-
all applicable State rules governing construction noise abatement will be observed.
21. Air Quality: The proposed project should not directly impact air quality in the area.
Fugitive dust during construction can be mitigated by compliance with the Department of
Health's regulations.
22. FIRM: Zone "X", an azea outside of the 500-yeaz flood plain.
23. Coastal Hazards: The property is not an oceanfront pazcel, and will not affect, or be
affected by shoreline processes.
24. Recreational Resources: The proposed development will not reduce the size of the
coastline or other azeas used for public recreational uses.
25. Visual Resources: The proposed project will not affect the line-of--sight towazd the
ocean.
26. Flora/Fauna: No professional surveys were conducted of the site. The applicant does
not believe that rare or endangered floral or faunal resources aze on the site, as the entire
parcel has been previously cleazed and graded for single-family residential use since
1442.
27. Archaeological/Historical Resources: According to the applicant, Rechtman
Consulting, LLC conducted a field inspection of the property and concluded that "there
were no archaeological resources observed on the surface of the pazcel and the likelihood
of encountering subsurface resource is extremely remote given the prior development
activities and the scope of the proposed activities. By letter dated August 12, 2005,
Rechtman Consulting, LLC has requested a letter of "no effect" from the DLNR-SHPD.
28. Cultural or Native Gathering Rights: There is no evidence of any traditional and
customary Native Hawaiian rights being practiced on the site, nor existence of any known
valued cultural, historical or native resources in the azea.
29. Public Access: There is no record of a designated public access to the shoreline or
mountain azeas that traverses the property.
30. Traffic: According to the applicant, "traffic impact generated by the proposed self
storage facility is expected to be minimal. Experience obtained from the management of
over 100 self storage facilities nationwide indicates that such facilities aze very low traffic
-4-
generators. Nationwide surveys indicate that an average facility draws approximately 20
vehicles per day. Possessions aze stored for long periods of time and visits to the facility
aze quite infrequent."
PUBLIC UTILITIES AND SERVICES
31. Access: Access to the property is from the Keaau-Pahoa Road, a state highway with an
approximately 80-foot right-of--way.
32. Water: Water is available to the site.
33. Wastewater: The proposed project will utilize a septic system meeting with the approval
of the Department of Health.
34. Solid Waste: Solid waste will be disposed of at appropriate sites designated by the
Department of Environmental Management.
35. Essential Utilities aad Services: Electricity and telephone services are available to the
site. Police and Fire services are available in Pahoa.
AGENCIES' AND ORGANIZATIONS' COMMENTS
36. Department of Public Works: Exhibit D -November 18, 2005 memo
37. Department of Water Supply: Exhibit E -December 6, 2005 memo
38. Department of Environmental Management: Exhibit F -November 7, 2005 memo
39. Police Department: Exhibit G -November 18, 2005 memo
40. Fire Department: Exhibit H -November 23, 2005 memo
41. Civil Defense Agency: Exhibit I -November 28, 2005 memo
42. Department of Health: Exhibit J -December 1, 2005 memo
43. Department of Transportation: Exhibit K -November 17, 2005 memo
AGENCIES - NO RESPONSE
44. Department of Parks and Recreation, DLNR Land and Historic Preservation
Division, State Land Use Commission, Puna Traffic Safety Committee
PUBLIC COMMENTS
45. Exhibit L -November 15, 2005 letter from Rob Tucker, Vice President of the
Mainstreet Pahoa Association
-5-
APPLICANT'S RESPONSE TO AGENCIES' COMMENTS
46. Exhibit M -December 14, 20051etters
-6-
STATE LAND USE BOUNDARY AMENDMENT APPLICATION
(15 ACRES OR LESS
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
PETITIONER: dTt"/ L ti7 /V G l9 ~~/V
PETITIONER'S SIGNATURE DATE: A+,~y~ 9- ~.OO6'
ADDRESS: P ~ . ~dX I ~1
MflKfltJufiO ~ l-~'.z 9b7~Fs'
PETITIONER'S INTEREST IF NOT OWNER: OWA3F-ems
TELEPEIONE:(Bus.) gOg S7a'~3~L (Res.) Sf°8 ~-jL-)ZJO (Fay) ~6 ~ ~7b ~ J(~~
LANDOWNER(S): lHO7?7 L N 6AKta/U
LANDOWNERSIGNATURE(S)~^ -DATE: ~v~vr~" ~7, 2-~"
(M y by leer)
ADDRESS: ~ O . 13 ox l a! ~
MRxtrw/to Hs. gb'76 ~
TAX MAPKEY:~a! ~-~--OG7 -oS3 -OOGlQ
STREET ADDRESS OF PROPERTY: /5 - a~`36' KEA /~u.- PAWoR RD , Pfl/#2A
ZONING: /theIGULj(J~F}t~'~R,SIZEOFPROPERTY: ,3-31~! i4caa~ 46?~8
CURRENT STATE LAND USE DISTRICT CLASSIFICATION: /~'6R.IGl1LT(/ RR L
REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: U R $14/?
AGENT: $~IRII~ f. IUISNtMUQI~ 1 PLANJJIIV6 GowSULTA,~
ADDRESS: l O I A UPU N! ~ T-. S y ~T f Z 17
TELEPHONE:(Bus J R 3S- `9 L (Res.> {Fax) 9 35- 6~ Z b
Please indicate w whom original correspondence and copies should be sent-
ORIGINAL: Ra6N! COpIFS; owNSI~
(See Instructions on Reverse Side)
EXHIBIT
A
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNIIVG DEPARTMENT
(Type or.legibIy print the requested information)
APPLICANT: b L N N G R P
APPLICANT'S SIGNATURE: r~ DATE: 1'7 2o4s'
ADDRESS: • 4 - O X l
M A?cAul ft-~ , 9.67b~
LIST APPLICANT'S INTEREST IF NOT OWNER: O[.~ NE2
LIST' PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFSCERS:
PHONE:(Bus.)Q~a 5~,-a•S~L (Res.)~og 876-1218 (Fax) tl76 ~ /623
LANDOWNER(S): nno-rit L N ~ 2oN r~
LANDOWNER SIGNATURE(S): ~ DATE: yr ?"7, 1 Cr~
ay by kmer)
LANDOWNER(S) ADDRESS: P•O - i3o~ r
Mpr?tFfu,~rol ~ 96'16
_l I
REQUEST: /46RaG1.cLTUR+~,I~-f ~ TO Z'a ~ vCTR.I,v L -'Gor+rr ertC,irL ~ntgp ~H G~
(Eus~g coning) (Proposed Toaing)
TAX MAP KEY:1~~ OD7 - 6 33 -do0
STREET ADDRESS OF PROPERTY: /S 2S9S' KEA,F)1~,-P>9rt~8 Ra .
ptrr/o~ , Ms ~1b778
SIZE OF PROPERTY OR AFFECTED AREA(S7 TO BE REZONED: a ~ 9 ~2~
AGENT: ~RIPrAI T. /V1StfIHoZA i ALH+JOVJN6 GotA.ltrsc.JHtU'T
ADDRESS: ~ ~ ( PtU.6'y of l ~j', 5 yiJ$ ~.)~7
I r? o ~ Ni 967ao - 4a t
• TELEPHONE:(BnsJ 933 - '769 (Rest (Fax) `~'3S' 6/2G
Please indicate to whom original correspondence and copies should be seat.
ORIGINAL: J°r6E^~T COPIES: Otwi017~~.
CHANGE OF ZONE AND STATE LAND USE DISTRICT BOUNDARY AMENDMENT
APPLICATION (fifteen acres or less)
BACKGROUND AND COUNTY ENVIRONMENTAL REPORT
APPLICANT: TIMOTHY LYNN GARDNER
REQUEST: State Land Use Agriculture to Urban and Agricultural one-acre (A-la) to
Industrial-Commercial Mixed one-acre (MCX-la)
TAX MAP KEY: (3) i-5-7: 53
A) SUBJECT REQUEST
1) Details of the Proposed Development:
a) Project description: Timothy Lynn Gardner is requesting a State Land Use
District Boundary amendment and Change of Zone for approximately 3.3 acres of
land. The State Land Use District Boundary amendment request is from the
Agricultural to the iJrban district and the Change of Zone is from an Agricultural
one-acre (A-la) to aIndustrial-Commercial Mixed one-acre (MCX-la) caned
district. The property is located in Keonepoko-Nui and Keonepoko-lki, Puna,
Island of Hawaii and identified as Tax Map Key: (3) 1-5-7: 53. The subject
property is situated on the northeast side of Keaau-Pahoa Road (State Highway
130), approximately 1,900 feet northwest of the intersection of the Pahoa By-Pass
Road and the Pahoa Village Road.
The applicant is proposing to develop a self storage facility on the subject
property. The entire parcel will be utilized for the proposed facility which will
include 9 single story steel buildings which will be divided into individual self
storage units with individual steel doors. There will be approximately 56,200
square feet under roof including an office of approximately 200 square feet.
The facility will be managed by A-American Self Storage Management Co., Inc.
which currently manages over 100 self storage facilities nationwide including 9
facilities in the State of Hawaii and 2 facilities on the Big Island. The Pahoa
facility will employ one full time and one part time employee on site. The hours
of operation for the office will be 8:00 a.m. to 4:30 p.m. and tenants will have
access to their units from 6:00 a.m. to 8:00 p.m. daily.
b) Statement of objeMives and reasons for the request: The applicant intends to
address the existing demand for self storage facilities is lower Puna and the Pahoa
area in particular. There are no existing self storage facilities serving Pahoa with
the nearest facilities in Keaau and Hilo which ate operating at 100% of capacity.
c) Timeframe and cost: The applicant anticipates that construction of the project
will be completed within l2 months of approval with an estimated cost of $2.5 to
$3 million.
d) Traffic impacts: The traffic impact generated by the proposed self storage
facility is expected to be minimal. Experience obtained from the management of
over 100 self storage facilities nationwide indicates that such facilities are very
low traffic generators. Nationwide surveys indicate that an average facility draws
1
approximately 20 vehicles per day. Possessions are stored for long periods of
time and visits to the facility aze quite infrequent.
B} CONFORMANCE WITH STATEJCOUNTY PLANS
1) State Land Use designation: The subject propetty is situated within the State Land
Use Agricultural district. The proposed State Land Use boundary amendment from
the Agricultural to the Urban district is in conformance with the proposed use. The
proposed reclassification conforms to the following standards for determining the
Urban district boundaries:
• The project area is in close proximity to centers of trading and employment.
• The project area is served by basic services including schools, pazks, solid waste
disposal. drainage, water, transportation systems, public utilities and police and
fire protection.
• The project azea includes lands with satisfactory topography and drainage, is
reasonably free from the danger of any flood, tsunami, unstable soil condition and
other adverse environmental effects.
• The project area is in an appropriate location for new.urban concentrations as
evidenced by the County General Plan Land Use Pattern Allocation Guide
(LUPAG) Map designation as an Urban Expansion Area.
• Approval of the proposed reclassification will not result in spot urban
development necessitating unreasonable investment in public infrastructure or
support services.
2) Applicable goalslpolicies and objectives of the General Plan: The proposed
project is consistent with the following goals, policies, and objectives of the General
Plan.
Economic Element
• Provide residents with opportunities to improve their quality of life through
economic development that enhances the Uounty's natural and social
environments.
• Economic development and improvement shall be in balance with the physical,
social and cultural environments of the island of Hawaii.
• Strive for diversity and stability in its economic system.
• Provide an economic environment that allows new, expanded, or improved
economic opportunities that are compatible with the County's cultural, natural
and social environment.
• Strive for diversification of the economy by strengthening existing industries and
attracting new endeavors.
Land Use Element .
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
2
• 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.
• ,411ocate appropriate requested zoning in accordance with the existing or protected
needs of neighborhood. cottununiry, region and Counh .
• Encourage the development and maintenance of communities meeting the needs
of its residents in balance with the physical and social environment:
• Zoning requests shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Land Use District, compatibility with adjacent
zoned uses, availabiliri of public services and utilities. access and public need.
Industrial Element
• Designate and allocate industrial areas in appropriate proportions and mix and in
keeping with the social, cultural, and physical em~ironments of the County.
• 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 communities.
• Industrial development shall be located in areas adequately served by
transportation, utilities and other essential infrastructure.
3) General Plan designation: The General Plan Land Use Pattern Allocation Guide
(LUPAG) Map designation for this section of the Puna District is Urban Expansion
Area which allows for a mix of high density, medium density, low density, industrial,
industrial-commercial andfor open designations.
4) Applicable goals/policies objectives and priority guidelines of the Hawaii State
Plan: The proposed project is consistent with the following goals, policies,
objectives and priority guidelines of the Hawaii State Plan.
Goal (to achieve)
• A strong, viable economy, characterized by stability, diversity, and growth, that
enables the fulfillment of the needs and expectations of Hawaii's present and
future generations.
Obiectives and Polices for the Economy
• A steadily growing and diversified economic base that is not overly dependent on
a few industries, and includes the development and expansion of industries on the
neighbor islands.
• Expand existing markets and penetrate new markets for Hawaii's products and
services.
• Foster a business climate in Hawaii-including attitudes, tax and regulatory
policies, and fmancial and technical assistance programs-that is conducive to the
expansion of existing enterprises and the creation and attraction of new businesses
and enterprises.
Economic Priority Guidelines
3
• Priority guidelines to stimulate economic growth and encourage business
expansion and development to provide needed jobs for Hawaii's people and
achieve a stable and diversified economy:
• Seek a variety of means to increase the availability of investment capital for new
and expanding enterprises.
(A) Encourage investments which:
(i) Reflect long term commitments to the State:
(ii) Rely on economic linkages within the local economy:
(iii) Diversify the economy;
(iv) Reinvest in the local economy:
(v} Are sensitive to community needs and priorities; and
(vi) Demonstrate a commitment to provide management opportunities to
Hawaii residents.
Population Growth and Land Resources Priority Guidelines
• Priority guidelines for regional growth distribution and land resource utilization:
• Encourage urban growth primarily to existing urban areas where adequate public
facilities aze already available or can be provided with reasonable public
expenditures, and away from areas where other important benefits are present,
such as protection of important agricultural land or preservation of lifestyles.
• Make available mazginal or nonessential agricultural lands for appropriate urban
uses while maintaining agricultural lands of importance in the agricultural district.
• Utilize Hawaii's limited land resources wisely, providing adequate land to
accommodate projected population and economic growth needs while ensuring
the protection of the environment and the availability of the shoreline,
conservation lands, and other limited resources for future generations.
5) Zoning: The zoning designation for the subject property is Agricultural one acre (A-
I a).
6) Community Development Plan: The Puna Community Development Plan, does not
recommend any change in the land use designation fot the subject area.
~ Special Management Area (SMA): The subject property is not situated within the
SMA boundary.
C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE
PROPERTY AND SURROUNDING AREA
i) Description of the subject property: The subject property has an area of 3.3 acres
of land and is situated on the northeast side of Keaau-Pahoa Road (State Highway
130), approximately 1,900 feet northwest of the intersection of the Pahoa By-Pass
Road and the Pahoa Village Road. There is an existing single family dwelling on the
subject property which was constructed in 1942. The owner intends to move the
4
dwelling to another propem~ or have it demolished prior to the start of construction
for the self storaee facilih. The entire parcel has previously been subjected to
mechanical clearing and grading with vegetation consisting primarily of low lying
grass and landscaping associated with the dwelling.
2} Lava Hazard Zone: The volcanic hazard as assessed by the united States
Geological Survey for the project area is " 2" on a scale of ascending risks 9 to 1
(Heliker 1990). Zone "2"includes the areas that are adjacent to and downslope from
the east rifr zone. The•subject property is situated north of the lower east rifr zone,
which includes Pahoa is also in Zone 2 where the land slopes away to the north as
well as the south and flows can advance in either direction.
3) Distance from the coastline: The coastline is situated approximately 6 miles east of
the subject property.
4) Agricultural Lands of Importance to the State of Hawaii (ALISH) designation:
The project site does not include prime, unique, or other important agricultural land
of statewide or local importance.
5) D.S.D.A. Natural Resources Conservation Services Soil Service Report soil type:
The soils of the project azea aze classified as pahoehoe lava flows (rLV~ which is
characterized as having a billowy, glassy surface.that is relatively smooth. In some
areas, however, the surface may be rough and broken. The Agricultural Capability
Subclass rating for pahoehoe lava flows is VIIIs, nonirrigated, which includes "soils
and landforms with limitations that preclude their use for commercial plants and
restrict their use to recreation, wildlife, or water supply, or to esthetic purposes."
(U.S. Soil Conservation Service 1973)
6) Land Study Bureau soil rating: The overall master productivity rating for the soils
of the subject property is Class E or very poor.
7) Existing drainage ways or improvements: There are no existing drainage ways or
improvements in the vicinity of the subject property.
8) Air/noise/water quality: The air quality of the subject property is primarily affected
by pollutants derived from the volcanic emissions from the ongoing Kilauea eruption.
The only other source of air pollution affecting the project site is vehicle exhaust
emissions from the Keaau-Pahoa Road (State Highway 130). 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" azea by the State Depaztment of
Health, Clean Air Branch.
Existing noise levels in the vicinity of the subject property are typical of a rural
residential azea. Based on general observations at the project site, the site is not
subject to current or projected noise levels that exceed 65 DNL (day-night average
sound level, in decibels).
The closest water body to the project area is the Pacific Ocean, approximately 6 miles
east of the project site. As such, the proposed change of zone is not anticipated to
have any impact on water quality.
5
9) Existing archaeological, cultural or historic sites oo National Register or Hawaii
Register: Rechtman Consulting. LLC conducted a field inspection of the subject
property and indicated thai. "There were no azchaeological resources observed on the
surface of the parcel and the likelihood of encountering subsurface resources is
extremely remote given the prior development activities and the scope of the
proposed activities. Based on these findings, Rechtman Consulting. LLC submitted a
letter dated August 12, 200. to the State Historic Preservation Division requesting a
determination of "no historic properties affected' associated v<7th the subject
application. No response from the State Historic Preservation Division has been
received to date.
10} Existing tloraUfaunal resources (any native or exotic plants; any listed or
candidate for endangered species): The entire pazcel has been previously cleazed
and graded and developed for single family residential use since 1942. In addition to
the single family dwelling and landscaping, the primary vegetation on the property is
low lying grass. 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
residential 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. There is no habitat that would appeaz valuable for native terrestrial or aquatic
species. The prior ground disturbance and residential use of the site make it poorly
suited as habitat for any listed or candidate for endangered species.
11} Scenic or coastal resources: The predominant scenic views in the vicinity of the
project area aze of Mauna Kea and Mauna Loa. These views will not be adversely
affected by the proposed rezoning. There are no coastal resources in the immediate
vicinity of the subject property.
12) Social settlement pattern for the area: The project area is situated in an area wiUt
mixed residential, agricultural and industriaUcommercial.uses. There aze single
family dwellings on pazcels in the immediate vicinity of the subject property. These
include the adjacent property to the north of the subject property as well as parcels
across the street (Keaau-Pahoa Highway). The Pahoa Agricultural Park, Phase II is
situated southeast of the subject property and includes a mix of residential and
agricultural uses. The Pahoa Market Place includes a mix of commercial and
industrial uses and is situated approximately 1,800 feet southwest of the subject
property. The property immediately adjacent and to the south of the subject property
is currently vacant but is intended for public safety, recreation and other public
purposes. The Hawaii County Fire Department has secured a Special Permit to
construct a Fire Station on the adjacent property.
13) Economic resources of the area: The Puna District is the fastest growing district on
the island and has gone from a population of 5,154 in 1970 to a population of 31,335
in 2000. This tremendous population growth has continued into the new ceatury with
the 2004 district population estimated at 37,911. The lower Puna district (comprised
of those communities in census block 211-Hawaiian Beaches/Shores,
6
Ikapoho;Nanawale. Pahoa and Kalapana/Leilani) had an estimated population of
4,? in 2004. Pahoa town is the focal point of employment. shopping. schools.
churches. public and private service providers in this section of lower Puna.
14} Land values: Land values in the lower Puna district. as is the case in all the districts
of the County, have been on the rise reflecting a tight housing and residential land
mazket as well as a strong demand for commercial and industrial property. The
services necessary to address the needs of the tremendous growth in population has
not kept pace with demand.
According to the recently released Draft Puna Regional Circulation Plan, the existing
land use pattern reflects an emphasis on a regional center where "at least 75°l0 of the
land use demands are fulfilled in the regional center of Hilo." "Approximately 20
percent of demand is located in commercial service centers at Kea'au and Pahoa."
The result of the existing land use pattern is that the residents of the lower Puna
District must travel long distances (greater than 30 miles) for jobs, goods and
services.
Based on a standard of 300 square feet per person, the Draft Puna Regional
Circulation Plan estimated the demand for Industrial zoned acreage for the Puna
District. The estimated demand for Industrial zoned land in the lower Puna District
(census block 211) in 2004 was 67 acres. The existing Industrial zoned acreage in
census block 211 is 8.3966 acres which is a single parcel utilized by the recently
opened Pahoa Market Place which has aIndustrial-Commercial Mixed Use
designation (MCX). Cleazly, the demand for Industrial zoned land in the lower Puna
District greatly exceeds what is available. As such, land values for these commercial
and industrial properties reflect an upwazd trend.
15) Land use: The State Land Use designation of the project area is predominantly
agriculture. Nevertheless there are a wrde variety of land uses within a'/z mile radius
of the subject property including residential, agriculture, gas station, hazdwaze store
and fast food outlet. In addition, the County has plans to establish a public safety and
recreational complex on the adjacent property to the south which will include a fire
station, police substation, gymnasium and ball fields.
16) Zoning: All of the parcels immediately adjacent to the subject property are situated
within the State Land Use Agricultural district and are primarily zoned Agricultural
one acre (A-la). The adjacent property to the east is zoned Agricultural five acres
(A-Sa). The Pahoa Mazket Place, situated approximately 1,800 feet southwest of the
subject property, is within the State Land Use Urban district and is zoned Industrial
Commercial Mixed 1 acre (MCX-la).
D) PUBLIC FACILITIES AND SERVICES
1) Description of access: Access to the subject property is provided by the ICeaau-
Pahoa Road (State Highway 130), fronting along the western border of the subject
property. The highway is a two-way, two-lane roadway with aright-of--way width of
SO feet. The pavement width is 22 feet wide with 8 foot wide shoulders. This
highway is the primary transportation link between lower Puna and destinations
within and beyond the Puna district.
7
2) AvailabiBh' of water: County water is available from an existing 12-inch waterline
along the Keaau-Pahoa Road. '
3} Sewage disposal: The project area is not situated within the service limits of the
Count} ~ s wastewater disposal system. The existing single family dwelling utilizes a
cesspool for sewage disposal. The proposed project will utilize a septic system
meeting with the approval of the Department of Health.
4) Solid waste: There is no municipal collection system for solid waste in the County
of Hawaii. All waste generated by the proposed project will be disposed at
appropriate sites designated by the Department of Environmental Management.
Sj. Police and fire protection: The existing police substation and fire station aze
situated approximately 1 mile southwest of the project site in Pahoa town. As stated
previously, however, the County plans to construct a new fire station and police
substation on the adjacent parcel immediately south of the subject property.
fi) Schools: The project azea is served by Keonepoko Elementary School, Pahoa High
and Intermediate School.
7} Parks: School playfields and ballfields are utilized in Pahoa and a 50-meter
Olympic-size swimming pool is included in the Pahoa Neighborhood Center.
8) Other utilities and'services (telephone/electricity): The subject property is served
by electrical and telephone lines along the Keaau-Pahoa Road (State Highway 130).
E) ENVIRONMENTAL ASSESSMENT AND ANALYSIS
1) Relationship between local short term uses of environment and maintenance and
enhancement of long term productivity: The project azea has been utilized for
single family residential use since 1942. Approval of the subject State Land Use
Boundary amendment and change of zone application will allow a more intensive use
of the property which will result in a more efficient utilization of the land.
2) Mitigative measures proposed to avoid, minimize, rectify or reduce impact:
Impacts resulting from the proposed State Land Use Boundary amendment and
change of zone are expected to be minimal. Any potential impacts can be mitigated
by complying with all applicable code requirements.
3) Alternatives to the proposed development: In the event that the State Land Use
Boundary Amendment and change of zone application are denied, the Agricultural
designation and A-1 a zoning will remain in place. The subject property could be
subdivided into three parcels and utilized in a similaz fashion to the other small
agricultural lots in the Puna district.
4) Irreversible and irretrievable commitments of natural resources that would be
involved if the proposed action is implemented: The subject property does not
contain any natural resources of significant value and has been utilized for single
family residential use for over 60 years. As such, the proposed State Land Use
Boundary amendment and change of zone will not result in a irreversible or
irretrievable commitment of natural resources.
8
ATTACHMENT
C om m erE; E N: , e so rt, & b~dus~=
Pi,AtvNNG DEFARTM.ENT
COUNTY OF "r,AW F.II
APPLEATDN FOR CHANGE OF ZONE
~yourrecnrests appmved,do you intend >D subdnTiie
the subectbnd n accordance w$tr the apnmved change
ofzone? b
Ifyes~base answerttre restofqueston Iand then m
wesmn 3.
a. H ow m any acres ofLhe reques>Ed ama do you b>Pnd m
subdi~iie?
b. ~rto whatbtsrzes?
c ~youriPquests approved, appmxm atey how bng
a9erthe date ofappmvaldo you exoectto subm rt
yoursubdi~spn pgns io the Phnnbg Department
forprehr; nary appmcaP
Ifyou blend to subda~be,pbase subm ba prebn irary
schem a~ subda~sbn phn iagetherwpkr yourchange of
zone app]raTbn fan .
Z• Ifyou nave no f~tn pins ofsubdfi~ilirg the subectarea,
do you biPnd >n:
a. 5 eIlorbase the bnd iri som eone who has fin ,'n
pbns?
b. SeIlorbase the bnd m som eone who has tentata~e
pbns? ~ O
c . SeIlorbase the bnd to som eone who has no pbns? ~uI ~6
d Keep
e. other ukase stateY W 1 ~l osn'~ rRi ~ e'~$ ~vG~CY`~
'b a, aw L L C -~-o ~ ~7»?te~ +~7t~n'!-a.~i .~11
PR ~ 0 0. 5 f~Y,a S}G PO ~jy?P~YS~ L C?1 . O tu'~?~Y`~Y' O L
L 1-G. w i l1 (>2.. /v..~ 6d"F ~T?MeThy 1Mr~f 6ff-+ta~upZ ~ 3a 7e
o bo~tf H, o 8 G, o
~ti~p~ olsa~v * y~?o
~ 7e
yK MR, 0%0+~ is ~o owr~r d/xae<~
a err+ d MFG , .~t +ri K64c~ 4,.1 ~ev~q,
xyou nand ~ do eifnera,b,orc,pbase ei'~bo~~
o-, the knd cfpans'~e otherparty has. Pease, aisc,
nci:de n youransweranpmxm aie~~row soon after
appmvaiofyourrezonng do you expectiD vans~reie
sub~ectbnd n anofr~erpam~.
h hatspeci`r buil9nc pbns do you have 1Drthe subecthad?
mclider. youranswerihe folbwng:~pe or"bu~Hng
~apaxan eny offre, ~unde~etlE, eti;.); fnancng armngem ent
do elabb ~rconshuction; and any otherniDan amn whrh you
feeur, tahthe~ us n evaliatng yourrequest
a.D Ah^ Pt -]q,MnQ.Nicoln 52! ~ - S a~ ~ ~
.-~1,~~¢ .,~n,~. ~,-}y will Gm...sis~- o f U ScvPr~ l NcwS
a'~ S'~eal ~~,~d ,r1s , eaa,. 6d;/al,•~ cev~a,»•r~
/v~~1~~~)2 Jro~jvl0~vd~ Se/~-'S~o~ vc~7,-'1~
-~,,Q„~ w;11 alsa 6 e a~ s ,fie. ed~'e-~ c,,..,~
dv~ S 1 ~Q, ~Jd r~~ n ~ G o~.~G3~'~/ive.~a.,r~ LJic, GOwiw~a.nr~
W 1'f'~~ ~ ~ ,I1nr~~`I'~t Y -I
y , Have you peffinn ed any swdy w hrh w ouYl dem onsUa>P a need ~r
yourpmposed buffing andbrdevebpm ent~
~so,pbase e~bora>E on yourfndngs n the space pmviied
bebw. /
'~It~ tt M o S"~-Std?o ~ll~ I.r~J
rah, ~ ~ r ~x PQn~.CQ ~ r ~a~pQ. Gi.'Y~0. , / yL-
A" AYnB'~'vG~'n~ ~T'~ Iv q ~ l~+~G4Q.Gl ~ Q '6 A~-•
JS o~or~'y4 y,G cif' e,,,~pcz~ ~j Q gyn.( .:e ih
.~Q ~vacJe.~ l ~ .2JC ~JQM~fo'V'V1 J~
2-
u ave you perIDm; ed any studywhrn dsczsses the
envnDntr enrix; paces yourmauesto-: c i1i nave or. die
sanoundnq area and,br~e ~ oun y: ~L~S
~fsc,ppase e~bore>E or, yourfhdnesr, ti7e space
pmviled bebw .
• L=-st ~ ieR ~a,.~o E #n S c„g S1~,o u+' -l~Ino 3
~JMR SClYYDU'hG ~-V/VN'D`/1 :iv.n.~..~I' , ~R~C t~ ~'.~t^~~
/ tS may.:~iL~`~ . ~1 ~'~l, ea/O_ti/~e,( C/G~4~~ .
sey~Ve-~~..~ l°~WVlrav~ltiv.~~ cSLN~ ~P.ICC CJ~7'1+s2Q
I~~AGB'V1~ ~,0 y~y~ A'?~CC Y`^'Q- (j ~/O ~O.fPC~
2 (~J u
~v7+~r c~),%C. deli Gcv...~~2X .
6. Are them any bungs on the subectarea?
Ifsc, whatknd? Sln~).e Ffi+.l~~y ~Gl7 4MC~
g6 oL g~irore
Q~~~d- )q'-!a
W hatdo you mend iD do w>fh those bu~7inas ifyour
requests approved? Q u t ~ 6 < ~yN pv~E~ ~ oval er.
~~c~aer~ o.r w ~l! ~e devv~e1r~cl+e~`
7. Is the subect~nd cuffint2ybeng used ~rany
agrr;uYuialac~iLy? ~Q
ffsc,p~ase ]stthe knds ofpmducts grown on and
how m any square feetoracres of~nd perpmduct~
-3-
E. Tc yourknow bdge, has fiere been any fbodiic andhr _
d~T,age ombbm, on Lne sub2ctazea? ~0
~sc,pbase descr~e the ombhr.~ .
c. D e you thnk ihacthe roads padba >o the subectama
needs m pmvem ent'%
Lsc,whatknd?
L= fhe mad adequalE iDrthe proposed ffif~ voi~m e
or bad? d86 ~RSF.
? 0. W hatsoitofgovemm entalassa~nce and,bra pmvem ents
do you feelw ~.be needed n the sub~ctama when
devebped?
a. Schoob
b, Roads ?
Sewer
d. Dnnage
e. Poke Pmtecticn
f, Fse Pmtec>an
g, Recxeati~nalFac~s
h. Recsa>DnalFac~s
i 0 they
/VoNF
_ = orthose :necked 'ties,"phase ehbora~ whatnjpe cricnds of
s pmvem en>r and,brassismnce a~ needed.
1. H ave you pe~mm ed any his>flrb sees study aad,brsurvey ofthe
sub~cta~a? Ifso,whatwere the xesuYs? Phase,also,
subm~a copyofthe study>ngetherw~ this change ofzone
supp~m ent
`~~s . P)~.~c ire. ~'O~
t2 200_
~2 a-~,,-~ rr~7 ~ G o asu > L~
Si3nature: p / c/_ O
Add>PSS: Pa• Qcx l ~ ( Mp~{~fj0 [(7~
Tedphone:
Date:
3-
6338A/SOA
P.D.5/BS
O.H.H.L (O,yner)
Cron) 5-75,!58 to Deperhmnt et Hevailan Heme larMe
328 ° 48' 200.00 ~ T
N 2e
o~
o
a
e
Y
rn. O
y~
ry~
/7• O/~.
• `b ~'i. Project
Location
a
0
0
S
O
6
I
0
y' O 4
C ~ Y 'ppp
pap
Grant 13,450 fo ~ Kumalehi Kavrazoe let A o CS
Counly of Ho°e9
(Ownr)
T.Y.K.: 3rd Div.
t 1-5-07: 17
Lot 1l-C-1 Publb S~aMy
Nohoet4alke Fanny Tr. LO ~ - - and Peerea9onol
~0'"°r) 3. 1 Are
T.M.K.: 3rd Olv. 1-5-07: 79 S ~ T M. 3r iv. S
~ 1--7:3 ~
N -?n
oa
VI~ dq°
Vicinity Map
Not to Scab
32,729.04 S
33,198.74 E
Aaoa~ 'Oleo ~
/3P 24
° pt' 06.d'. 2t.OZN ~ ~
Aw t~ N
N' ° to Pahoa
io' eoau-Pahoa Road~l tl8
~._ro Kwau ~NI F•5~50'P30(g) ~I °t~o+l
No. a I
t Rezone~Map
(Proposed Pahoa Self Storage Facility)
Land situated at Keonepoko Nui, Puna
laland of Hawaii, Hawaii.
Being a portion of Grant 13,450 to Kumaichi Kawazoe.
Being alao Lot 18-A-2
Tax Yap Kq: 3rd DN. i-5-07: 53 S°planMr 27, 2005
Job Numb~r:OS-99
0
0
N
O
y N
0
l0 _
n ~ N
g ~ N
g
o U
N
1 w~
Z
t t ,
~
m
~ti
Sm
`;i W
4~
d
i
t_+
c~
L
t.. ,
.
w -
N~ A
~ s i
`N~
O
Q
K
W
V
Q
W
Division 13. MCX. Industrial-Commercial Mixed Districts
Section 25-5-130. Purpose and applicability. The purpose of the MCX (industrial-
commercial mixed use) district is to allow mixing of some industrial uses with commercial uses.
The intent of this district is to provide for azeas 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 25-5-131. Designation of MCX districts. Each MCX (industrial-commercial
mixed use) district shall be designated by the symbol "MCX" followed by a number which
indicates the minimum land azea, in number of thousands of square feet, required for each
building site.
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) Bazs and nightclubs.
(7) Broadcasting stations.
(8) Business services.
(9) Caz washing.
! (10) Catering establishments.
(1 l) 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 hydrocazbons in a sealed unit as
the cleaning agent.
(14) Commercial pazking lots and gazages.
(15) Community buildings, as permitted under section 25-4-11.
(16) Convenience stores.
(17) Data processing facilities.
(18) Day-caze 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 25-4-1 1. EXHIBIT
G
79
(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 25-4-1 l .
(46) Veterinary establishments in sound-attenuated buildings.
(47) Wazehousing.
(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:
(I) Crematoriums.
(2) Major outdoor amusement and recreation facilities.
(3) Yacht hazbors 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.
Section 25-~-133. Height limit. The height limit in the MCX district shall be forty-five
fee[.
Section 25-5-134. Minimum building site area. The minimum building site area in the
MCX district shall be twenty thousand squaze feet.
Section 25-5-135. Minimum building site average width. Each building site in the
MCX district shall have a minimum building site average width of ninety feet.
Section 25-5-136. Minimum yards. The minimum yazds in the MCX district shall be
as follows:
(1) Front yazds, twenty feet; and
(2) Side and reaz yazds, none, except where the adjoining building site is in a RS,
RD, RM or RCX district. Where the side or reaz property line adjoins the side or reaz yazd of a
building site in an RS, RD, RM or RCX zoned district, there shall be a side or reaz yazd which
conforms to the side or rear yazd requirements for dwelling use of the adjoining district.
Section 25-5-137. Landscaping of yards.
(a) All front yards in the MCX district shall be landscaped, except for necessary access
drives and walkways.
(b) Any required side or reaz yazd in the MCX district adjoining a building site in an RS,
RD, RM or RCX district, shall be landscaped with a screening hedge not less than
forty-two inches in height, within five feet of the property line, except for necessary drives and
walkways.
80
Section 25-~-138. Otfier regulations. ,
(a) Plan approval shall be required for all new structures and additions to existing
structures in the MCX district.
(b) Exceptions to the regulations for the MCX district regazding heights, building site
areas, building site average widths and yazds, may be approved by the director within a planned
unit development.
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
yy~~~~ ~ , ^ DATE: November 18, 2005
TO: Christopher J. Yuen, Planning Director
FROM: D
partments of Public Works
SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APP. (SLU 05-006)
CHANGE OF ZONE APPLICATION (REZ 05-020)
Applicant: Timothy Lynn Gardner
Request: A-1a to MCX-1a
Tax Map Key: 1-5-07: 053
We have reviewed the subject application forwarded by your memo dated November 2,
2005 and offer the following comments for your consideration.
All development-generated runoff shall be disposed of on a site and shall not be directed
toward any adjacent properties. A drainage study shall be prepared and the recommended
drainage system shall be constructed meeting the approval of the Department of Public
Works.
The subject parcel is in an area that is not mapped by the Federal Emergency
Management Agency (FEMA) and is designated as Zone X - an area determined to be
outside the 500-year floodplain (may include areas with unknown flood hazards).
All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion
and Sedimentation Control, of the Hawaii County Code.
Questions may be referred to Kelly Gomes of our Engineering Division at ext. 8327.
KG
EXHIBIT
D
County of Hawaii is an Equal Opportunity Provider and Employer
MAIFt
19 ~ 19
"o DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII
6~~0799'N>1t 345 KEKOAN A6'A STREET, SUITE 20 HILO, HAW AI'I 96720
TELEPHONE (608) 961-8050 FAX (808) 961-8657
December 6, 2005
C
TO: Mr. Christopher J. Yuen, Planning Director
Planning Department
FROM: Milton D. Pavao, Manager
SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU OS-006)
REQUEST: AGRICULTURAL TO URBAN
CHANGE OF ZONE APPLICATION (REZ OS-020)
REQUEST: A-lA TO MCX-lA
APPLICANT -TIMOTHY LYNN GARDNER
TAX MAP KEY 1-5-007:053
We have reviewed the proposed State Land Use Boundary Amendment and Change of Zone
applications and have the following comments.
The subject pazcel has a 1-inch service lateral fora 5/8-inch meter with the Department. Based upon
the prevailing water availability conditions in the azea, water can be made available from the 12-inch
waterline along Keaau-Pahoa Road fronting the subject pazcel. The connection size will be subject to
review and approval during the constmction design phase of the proposed development. Fire flow is
available from the 12-inch waterline with a fire hydrant also fronting the subject parcel.
However, prior to issuing a water commitment to the proposed development, the following aze
required:
1. 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.
2. In accordance with Rule 5 of the Department's Rules and Regulations, 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 No. 1.
Upon completion of the above requirements, an official water commitment will be effected in
accordance with Rule 5 of the Department's Rules and Regulations. The commitment will be in
writing with specific conditions and effective dates stated.
EXHIBIT
~ ~ ~~3~~~
~aEer 6rir2~c6 ~roc~ree~...
The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint of tliscrimination, write: USDA, Director, Office of CiNI
Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington DC 20250-9410. Or call (202) 720-5964 (voice and TDD)
Mr. Christopher J. Yuen, Planning Director
Page 2
December 6, 2005
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.
Lastly, should the Change of Zone request be granted, prior to the construction of the proposed
development, the applicant must furnish proof that there is a departmentally approved backflow
preventer (reduced pressure type) on the subject property just after the meter. If they do not have a
backflow preventer, then they must have one installed by a licensed contractor. The installation and
assembly of the backflow preventer must be inspected and approved by the Department. The backflow
preventer shall be operated and maintained by the customer. A copy of our backflow preventer
handout is being forwarded to the applicant to help them understand this requirement.
Should there be any questions, please call Ms. Shari Komata of our Water Resources and Planning
Branch at 961-8070, extension 252.
Sincerely yours,
ilton D. Pavao, P.E.
Manager
SHK:dms
copy - (w/enc.) Mr. Timothy L. Gazdner
(w/enc.) Mr. Brian T. Nishimura
JMfV o• N,~
aJ
4,
Harry Kim ~ • Barbara Bell
Mayor , . Director
err oi~x~'~ Nelson Ho
Deputy Director
~~1~'~ ~OA~ ` ti 15 ~rrixtl~~r >rf ~ttfirttii
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
- 25 Aupuoi Street, Room 210 • Hilo, Hawaii 967204252
(808) 961-6083 • Fax (SOS) 961-8086
MEMORANDUM
Date : November 7, 2005
To CHRISTOPHER YUEN, Planning Director
Fram: BARBARA BELL, Directo~/6~~,~`r
Subject: State Land Use Boundaty Amendment Application (SLU OS-006)
Request: Agricultural to Urban
Change of Zone application (REZ OS-020)
Request: A-la to MCX-lA
Applicant: Timothy Lynn Gardner
TMK: 1-5-7:53
We have reviewed the subject application and offer the following recommendations:
DEPARTMENT COMMENTS:
/V/A~
( ) No comments
( )Require connection of existing and/or proposed structures to the public sewer in accordance with
Section 21-5 of the Hawaii County Code.
( )Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the
Hawaii County Code. Complete D.E.M. Sewer Extension Application.
( )Require extension of the sewer system to service the proposed subdivision in accordance with
Section 23-85 of the Hawaii County Code.
( )Other:
TECHNICAL SERVICES COMMENTS: 1`t0 Sr,.J srv~- i ~ yr,,t,~[ ~-srj
' SOLID WASTE COMMENTS:
( ) No comments
~1) Commercial operations, State and Federal agencies, religious entities and non-profit
organizations may not use transfer stations for disposal.
Aggregates and any other construction/demolition waste should be responsibly reused to
its fullest extent.
( x,) Ample room should be provided for implementation of a recycling program.
( )C) Greenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer
stations, or other suitable diversion programs.
Construction and demolition waste is prohibited at all County Transfer Stations.
( )Submit Solid Waste Management Plan in accordance with attached guidelines.
( )Existing Solid Waste Management Plan is to be followed. Provide update to the department on
current status.
( )Other: ,.7eJ~
cc: SWD, TSS ~ 7
~t~ a•
Harry Kim Lawrence K. Mahuna
t~~`
Mayor Police Ckiej
_ Harry S. Kubojiri
J ~ ~ h Deputy Police Chief
County of Hawaii
POLICE DEPARTMENT
-349 Kapiolani Street • Hilo, Hawaii 96720.3998
(608)935-3311 Fax (808)961-8869
November 18, 2005
TO TOPHER J. YUEN, PLANNING DIRECTOR
FROM MES M. DAY, ASSISTANT POLICE CHIEF, AREA I OPERATIONS
SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 05-
006); REQUEST: AGRICULTURAL TO URBAN
CHANGE OF ZONE APPLICATION (REZ 05-020)
REQUEST: A-1a to MCX-1a
APPLICANT: TIMOTHY LYNN GARDNER
TAX MAP KEY: 1-5-7:53
Staff, upon reviewing the provided documents and visiting the proposed site, does not
anticipate any adverse traffic and public safety concerns at this time.
Thank you for allowing us the opportunity to comment.
SG:IIi
EXHIBIT
C
"Hawai'i County is an Equal Opportunity Provider and Employer'
~p~NTV 01 ~4
~•f ICY ~ Y.4
Harry Kim Darryl J. OHvelra
Mayor - Fire Chief
4~1,o1,M~yi` Desmond K. Wery
Deputy Fire Chief
. ~ CCvuntp of ~aYuai`i
FIRE DEPARTMENT
35 Aupuni S[ree[ • Suite 103 • Hilo, Hawaii 96720
(808)961-8297 • Fax (SOS) 961-8296
November 23, 2005
TO: CHRISTOPHER J. YUEN, PLANNING DIRECTOR
FROM: DARRYL OLIVEIRA, FIRE CHIEF
SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU OS-006)
REQUEST: AGRICULTURAL TO URBAN
CHANGE OF ZONE APPLICATION (REZ OS-020)
REQUEST: A-lato MCX-la
APPLICANT: TIMOTHY LYNN GARDNER
TAX MAP KEY: 1-5-7:53
In regards to the above-mentioned State Land Use Boundary Amendment and Change of Zone, the
following shall be in accordance:
Fire apparatus access roads shall be in accordance with UFC Section 10.207:
"Fire Apparatus Access Roads
"Sec. 10.207. (a) General Fire apparatus access roads shall be provided and maintained in
accordance with the provisions of this section.
"(b) Where Required. Fire apparatus access roads shall be required for every building
hereafter constructed when any portion of an exterior wall of the fast story is located more
than 150 feet from fire department vehicle access as measured by an unobstructed route around
the exterior of the building.
"EXCEPTIONS: 1. When buildings are completely protected with an approved
automatic fire sprinkler system, the provisions of this section maybe modified.
" 2. When access roadways cannot be installed due to topography, waterways,
nonnegotiable grades or other similar conditions, the chief may require additional fire
protection as specified in Section 10.301 (b).
EXHIBIT ~'~ic~`y
~ ®'7,~~9
Hnwai'i Counh~ is an Equnl Opportunity Provider and Employer.
Christopher J. Yuen
November 23, 2005
Page 2
" 3. When there are not more than two Group R, Division 3 or Group M Occupancies,
the requirements of this section may be modified, provided, in the opinion of the chief,
fire-fighting or rescue operations would not be impaired.
"More than one fire apparatus road may be required when it is determined by the chief that
access by a single road may be impaired by vehicle congestion, condition of terrain, climatic
conditions or other factors that could limit access.
"For high-piled combustible storage, see Section 81.109.
"(c) Width. The unobstructed width of a fire appazatus access road shall meet the
requirements of the appropriate county jurisdiction.
"(d) Vertical Clearance. Fire appazatus access roads shall have an unobstructed vertical
clearance of not less than 13 feet 6 inches.
"EXCEPTION: Upon approval vertical cleazance may be reduced, provided such
reduction does not impair access by fire appazatus and approved signs aze installed and
maintained indicating the established vertical cleazance.
"(e) Permissible Modifications. Vertical clearances or widths required by this section maybe
increased when, in the opinion of the chief, vertical clearances or widths are not adequate to
provide fire apparatus access.
"(f) Surface. Fire appazatus access roads shall be designed and maintained to support the
imposed loads of fire appazatus and shall be provided with a surface so as to provide all-
weather driving capabilities." (20 tons)
"(g) Turning Radius. The fuming radius of a fire apparatus access road shall be as approved
by the chief." (45 feet)
"(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length
shall be provided with approved provisions for the taming around of fire apparatus.
"(i) Bridges. When a bridge is required to be used as access under this section, it shall be
constructed and maintained in accordance with the applicable sections of the Building Code
and using designed live loading sufficient to cony the imposed loads of fire appazatus.
"(j) Grade. The gradient for a fire appazatus access road shall not exceed the maximum
approved by the chief." (15%)
Christopher J. Yuen
November 23, 2005
Page 3
"(k) Obstruction. The required width of any fire apparatus access road shall not be
obstructed in any manner, including parking of vehicles. Minimum required widths and
clearances established under this section shall be maintained at all times.
"(1) Signs. When required by the fire chief, approved signs or other approved notices shall be
provided and maintained for fire apparatus access roads to identify such roads and prohibit the
obstmction thereof or both."
Water supply shall be in accordance with UFC Section 10.301(c):
"(c) Water Supply. An approved water supply capable of supplying required fire flow for fire
protection shall be provided to all premises upon which buildings or portions of buildings aze
herea@er constructed, in accordance with the respective county water requirerr~nts. There
shall be provided, when required by the chief, on-site fire hydrants and mains capable of
supplying the required fire flow.
"Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other
fixed systems capable of providing the required fire flow.
"The location, number and type of fire hydrants connected to a water supply capable of
delivering the required fire flow shall be protected as set forth by the respective county water
requireineirts. All hydrants shall be accessible to the fire department apparatus by roadways
meeting the requirements of Section 10.207.
OLIVEIRA
Fire Chief
JCPapc
ySV O/ N
J~.•::•..4y''
~~0.•
Troy ?~4. Kindred
Harry Ktm Adrninislrnlor
Mayor
. Lanny T. Nakano
~'~ri o: •w'~,r Arsisrnnr Administrnror
V-II1tYCf~J II! ~t~lttiti
CIVIL DEFENSE AGF,NCY
920 Ulul•!ni Btrcrt Hilo, Ha~cai'i 96720-3958
(808) 935-0031 Fax (808) 935-6460
TO: Christopher Yuen, Director, Department of Planning
Attention: Norman Hayashi
FROM: Lanny T. Nakano, Acting Civil Defense Administrator /r"~i • fr.
DATE: November 28, 2005
SUBJECT: State Land Use Boundary Amendment Application (SLU OS-006)
Request: Agricultural to Urban
Change of Zone Application (REZ OS-020)
Applicant: Timothy Lynn Gardner
Request: A-la to MCX-la
Tax Map Key: 1-5-7:53
We have reviewed the above application in regards to hazards and wish to transmit the
following comment:
• The proposed project lies within Zone 2 of the Hazards Zones for Lava Flows and
the property is located less than three (3) miles from the southeast rift zone of
Kilauea volcano.
If you have any questions, please call Neil Gyotoku or me at 961-8229
EX OBIT
<D
Hawui'i County is ar, equal eppormnity provider and employer
t 6 O F h9
A~ ,YlY.• Ki
LINDA LINGLE a CHIVOME LEINAALA FUgNO, M.D.
GOVERNOR $ ~ DIRECTOR OF HEALTH
~ ~yObl A.~'~
- -
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 816
HILO, HAWAII 96721-0916
MEMORANDUM
DATE: December I, 2005
TO: Christopher J. Yuen
Planning Director, County of Hawaii
FROM: Larry K. Shiro
Acting District Environmental Health Program Chief
SUBJECT: State Land Use Boundary Amendment Application (SLU OS-006)
Request: Agricultural to Urban
Change of Zone Application (REZ OS-020)
Request: A-la to MCX-la
Application: Timothy Lynn Gardner
Tax Map Key: 1-5-7:53
The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the
subject document on November 8, 2005. The CWB has reviewed the limited information
contained in the subject document and offers the following comments:
1. The Army Corps of Engineers should be contacted at (808) 438-9258 for this
project. Pursuant to Federal Water Pollution Control Act (commonly known as
the "Clean Water Act" (CWA)), Paragraph 401(a)(1), a Section 401 Water
Quality Certification (WQC) is required for "[a]ny applicant for Federal license or
permit to conduct any activity including, but not limited to, the construction or
operation of facilities, which may result in any discharge into the navigable
waters...". The term "discharge" is defined in CWA, Subsections 502(16),
502(12), and 502(6); Title 40, Code of Federal Regulations, Section 122.2, and
Hawaii Administrative Rules (HAR), Chapter 11-54.
2. In accordance with HAR, Sections 11-55-04 and 11-55-34.05, the Director of
Health may require the submittal of an individual permit application or a Notice
of Intent (NOI) For general permit coverage authorized under the National
Pollutant Discharge Elimination System (NPDES).
EXHIBIT ~'~'~h"~
T
Christopher J. Yuen
Page 2
December 1, 2005
a. An application for an NPDES individual permit is to be submitted at least 180
days before the commencement of the respective activities. The NPDES
application forms may also be picked up at our office or downloaded from our
website at
htto://www.hawaii.gov/health/environmental/water/cleanwater/fornis/indiv-
index.html.
b. An NOI to be covered by an NPDES general permit is to be submitted at least
30 days before the commencement of the respective activity. A separate NOI
is needed for coverage under each NPDES general permit. The NOI forms
maybe picked up at our office or downloaded from our website at:
htty'//www hawaii.gov/health/environmental/water/cleanwater/forms/genl-
index.html.
i. Storm water associated with industrial activities, as defined in Title
40, Code of Federal Regulations, Sections 122.26(b)(14)(i) through
122.26(b)(14)(ix) and 122.26(b)(14)(xi). [HAR, Chapter 11-55,
Appendix B]
ii. Construction activities, including clearing, grading, and
excavation, that result in the disturbance of equal to or greater than
one (1) acre of total land area. The total land area includes a
contiguous area where multiple separate and distinct construction
activities maybe taking place at different times on different
schedules under a larger common plan of development or sale. An
NPDES permit is required before the commencement of the
construction activities. [HAR, Chapter 11-55, Appendix C]
iii. Discharges of treated effluent from leaking underground storage
tank remedial activities. [HAR, Chapter 11-55, Appendix D]
iv. Discharges of once through cooling water less than one (1) million
gallons per day. [HAR, Chapter 11-55, Appendix E]
v. Discharges of hydrotesting water. [HAR, Chapter 11-55,
Appendix F]
Christopher J. Yuen
Page 3
December 1, 2005
vi. Discharges of construction dewatering effluent. [HAR, Chapter
11-55, Appendix G]
vii. Discharges of treated effluent from petroleum bulk stations and
terminals. [HAR, Chapter 11-55, Appendix H]
viii. Discharges of treated effluent from well drilling activities. [HAR,
Chapter 11-55, Appendix I]
ix. Discharges of treated effluent from recycled water distribution
systems. [HAR, Chapter 11-55, Appendix J]
x. Discharges of storm water from a small municipal separate storm
sewer system. [HAR, Chapter I 1-55, Appendix K]
xi. Dischazges of circulation water from decorative ponds or tanks.
[HAR, Chapter 11-55, Appendix L]
3. In accordance with HAR, Section 11-55-38, the applicant for an NPDES permit is
required to either submit a copy of the new NOI or NPDES permit application to
the State Department of Land and Natural Resources, State Historic Preservation
Division (SHPD), or demonstrate to the satisfaction of the DOH that the project,
activity, or site covered by the NOI or application has been or is being reviewed
by SHPD. If applicable, please submit a copy of the request for review by SHPD
or SHPD's determination letter for the project.
4. Any dischazges related to project construction or operation activities, with or
without a Section 401 WQC or NPDES permit coverage, shall comply with the
applicable State Water Quality Standazds as specified in HAR, Chapter 11-54.
Hawaii Revised Statutes, Subsection 342D-50(a) requires that "[n]o person, including
any public body, shall dischazge any water pollutants into state waters, or cause or allow
any water pollutant to enter state waters except in compliance with this chapter, rules
adopted pursuant to this chapter, or a permit or variance issued by the director."
If you have any questions, please contact Mr. Alec Wong, Supervisor of the Engineering
Section, CWB, at (808) 586-4309.
Christopher J. Yuen
Page 4
December 1, 2005
As a demolition and renovation activity, the Federal Register, 40 CFR Part 61, National
Emission Standard for Hazazdous Air Pollutants, Asbestos NESHAP Revision; Final Rule,
November 20, 1990, requires the ownerloperator to inspect the affected areas to determine
whether asbestos is present.
Under the Asbestos School Hazard Abatement Response Act (ASHARA), all persons who
conduct inspections (i.e. perform sampling and assessment of suspected asbestos-containing
material) in schools or public and commercial buildings must have an active Asbestos Hazard
Emergency Response (AHERA) certificate-of-training from an accredited training provider.
Under NESHAP's regulation, the owner/operator would be required to file with the Department
of Health, Noise, Radiation and Indoor Air Quality Branch, an Asbestos Demolition/Renovation
notification 10 working days prior to demolition of each building or the disturbance of regulated
asbestos-containing material. All regulated quantities and types of asbestos-containing materials
would be subject to emission controls, proper collection, containerizing, and disposal at a
permitted landfill.
Under a renovation project, if the amount of friable or non-friable material rendered friable is
less than 160 square feet, the project would not be subject to the NESHAP requirements.
However, the persons who conduct activities related to abatement and/or disturbances to friable
material greater than three square feet or three linear feet, must have an active AHERA
certificate of training from an accredited provider for that specific discipline (i.e., project
designer, abatement supervisor and worker).
If you have any further questions, please feel free to contact the Noise, Radiation and Indoor Air
Quality Branch at (808) 586-5800.
WORD:SLU OS-006.my
Department of Transportation
Highways Division
Hawaii District
50 Maka'ala Street DIR LOG No. 2083
Hilo, Hawaii 96720 November 17, 2005 HWY-H 05-2.1317
TO: HWY-P, RONALD TSUZUKI
I I~ 1 ',+,r i 9 ~j
c_
ATTN: ANTONIE WURSTER
FROM: ~ STANLEY TAMURA, HAWAII DISTRICT ENGINEER. ,
SUBJECT: Subdivision _ Use _ SMA
_ Variance X SLU OS-006 _ Special Permit
_ PUD _ Consolidation X Rezoning 05-020
Memorandum 8 Comments TMK. No. 1-5-007:053
Transmitted as follows:
We have no objections to this application.
Not applicable to State Highway System.
Comments of Letter No. HWY-H dated will stand.
For review and comment to County of Hawaii, Planning Department.
X With comments shown below.
MORE INFORMATION NEEDED
X Drainage and flood patterns at existing drainage structures on State highway.
X Drawings showing existing driveways with dimensions.
X Construction plans (for review and approval).
X Drainage plans and calculations.
X Traffic Impact Analysis and Report (for review and approval).
X NPDES Permit or DOH Letter of Determination.
ACCESS COMMENTSICONDITIONS:
X Channelization of access intersection.
Traffic Signalization at
X Street Lighting at Driveway intersection with Keaau-Pahoa Road.
No vehicle access, 10-ft. planting screen easement other than at access points.
Common access driveways for lots.
X Highway Improvements required from this application shall be provided at no cost to the State and shall conform
to Hawaii Statewide Uniform Desion Manual for Streets and Highways and the Specifications for Installation of
Miscellaneous Improvements within State Highways.
X Defer comments to County of Hawaii Department of Public Works on interior roads & structures.
Utility Easement(s) required.
X Left Turn Channelization lane on highways where speed limit is 45 mph or greater.
OTHER COMMENTS/CONDITIONS:
X No additional storm discharge shall be allowed onto the State's right-of-way.
Metes and bounds discrepancy, contact State Highways.
Future highway corridor will affect lots:
Show control of access along highway.
X Shall participate in their prorata share of future highway impacts and improvements.
X Guardrails for all lots (lower ones) that require protection from highway traffic.
X Applicant shall comply with the National Pollutant Discharge Elimination System (NPDES) permit requirements.
for construction activity disturbing one (1) or more acres of total land area.
X ADA Accessible Improvements.
X On site employee parking required - No parking on state highway.
ABOVE CONDITIONS EFFECTIVE FOR 2 YEARS FROM DATE SHOWN.
Contact Person: Clinton M. Yamada (808) 933-8866
State Highway Project No.: S-0130(8) ~'~'~~~3(j&
EXHIBIT
rev. 6/16/04
t
*^.,,y_ _
~ ¦
:x
P.O. Box 1189, Pahoa, HI 96778
~:r
Nov. 15, 2005 r? " `
Chris Yuen
Norman Hayashi
Aupuni Center
101 Pauahi Street, Suite 3,
Hilo, HI 96720
Re: TMK 1-5-007-053
Dear Sirs,
The owner of the above mentioned property, A. Timothy Gardiner, has
made application for a change of zoning from ag use to commercialnight
industrial.
We are writing to express our strong opposition to this intended use.
Our opposition is based on the following:
Any commercial development on the Route 130 would impact negatively
on the Pahoa Village business community.
We oppose the precedent of allowing any commercial development along
Hwy. 130. We want to preserve this route as an agricultural corridor and
avoid the creation of California style strip malls which would destroy the
charactor of the district..
The Country of Hawaii, at the time the by-passes were planned and
developed provided assurances to the Pahoa and Keaau business
communities that commercial development would not be allowed on Hwy.
130. These assurances should be maintained.
The access to the location is difficult and dangerous, especially for trucks
entering and exiting the highway.
~i0781~
Mahalo, ' ch~--~
Rob Tucker, Vice President
Mainstreet Pahoa Association EXHIBIT
BRIAN T. NISHIMURA, PLANNING CONSULTANT
101 Aupuni Street, Suite 217
Hilo, Hawaii 96720-4221
Phone: (808) 935-7692 Fax: (808) 935-6126 E-mail: btnishi@verizon.net
December 14, 2005
Mr. Christopher J. Yuen, Director
County of Hawaii
Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720-3043
Subject: State Land Use Boundary Amendment (SLU OS-006)
Change of Zone Application (REZ OS-020)
Applicant: Timothy Lynn Gardner
Request: Agriculture to Urban/A-la to MCX-la
TMK: (3) 1-5-7: 53
Deaz Mr. Yuen:
This is in response to comments received from Mr. Rob Tucker, Vice President of the Mainstreet
Pahoa Association regarding the subject application. The applicant understands the concern
being raised regazding commercial development on State Highway 130 and the potential for
negative impacts on the Pahoa Village business community. Please note, however, that the
applicant is proposing to establish an industrial use (self storage facility) on the subject property
which will not divert traffic from entering Pahoa Village. Self-storage facilities are very low
traffic generators and does not compete with services and facilities provided in Pahoa.
Should you have any questions regarding this matter, please do not hesitate to contact me.
Sincerely,
(lam • ~
Brian T. Nishimura, Planning Consultant
c. Mr. Rob Tucker, Vice President, Mainstreet Pahoa Association
EXHIBIT
M
BRIAN T. NISHIMURA, PLANNING CONSULTANT
101 Aupuni Street, Suite 217
Hilo, Hawaii 96720-4221
Phone: (808) 935-7692 Fax: (808) 935-6126 E-mail: btnishi@verizon.net
December 14, 2005
Mr. Christopher J. Yuen, Director
County of Hawaii
Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720-3043
Subject: State Land Use Boundary Amendment (SLU OS-006)
Change of Zone Application (REZ OS-020)
Applicant: Timothy Lynn Gardner
Request: Agriculture to Urban/A-la to MCX-la
TMK: (3) 1-5-7: 53
Deaz Mr. Yuen:
This is in response to comments received from the Civil Defense Agency regarding the subject
application. The applicant understands that the project site is situated within Lava Hazard Zone
2. Unfortunately, the entire community of Pahoa is situated within Zone 2 and alternative sites
serving this community will all be within the same Lava Hazard Zone.
Should you have any questions regazding this matter, please do not hesitate to contact me.
Sincerely, ~
Brian T. Nishimura, Planning Consultant
c. Mr. Lanny T. Nakano, Acting Administrator, Civil Defense Agency
BRIAN T. NISHIMURA, PLANNING CONSULTANT
101 Aupuni Street, Suite 217
Hilo, Hawaii 96720-4221
Phone: (808) 935-7692 Fax: (808) 935-6126 E-mail: btnishiQverizon.net
December 14, 2005
Mr. Christopher J. Yuen, Director
County of Hawaii
Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720-3043
Subject: State Land Use Boundary Amendment (SLU OS-006)
Change of Zone Application (REZ OS-020)
Applicant: Timothy Lynn Gardner
Request: Agriculture to Urban/A-la to MCX-la
TMK: (3) 1-5-7: 53
Dear Mr. Yuen:
This is in response to comments received from the Department of Water Supply regarding the
subject application. The applicant has reviewed the comments and will comply with all stated
requirements.
Should you have any questions regarding this matter, please do not hesitate to contact me.
Sincerely,
G~--~ - ~G~.~_
Brian T. Nishimura, Planning Consultant
c. Mr. Milton Pavao, Manager, Department of Water Supply
BRIAN T. NISHIMLTI2A, PLANNING CONSULTANT
101 Aupuni Street, Suite 217
Hilo, Hawaii 96720.4221
Phone: (808) 935-7692 Fax: (808) 935-6126 E-mail: btnishi@verizon.net
December 14, 2005
Mr. Christopher J. Yuen, Director
County of Hawaii
Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720-3043
Subject: State Land Use Boundary Amendment (SLU OS-006)
Change of Zone Application (REZ OS-020)
Applicant: Timothy Lynn Gazdner
Request: Agriculture to Urban/A-la to MCX-la
TMK: (3) 1-5-7: 53
Deaz Mr. Yuen:
This is in response to comments forwazded by your office from the Fire Department regazding
the subject application. The applicant has reviewed the comments and will comply with all
stated requirements.
Should you have any questions regazding this matter, please do not hesitate to contact me.
Sincerely, .p
Brian T. Nishimura, Planning Consultant
c. Fire Chief, Dazryl Oliveira, County of Hawaii, Fire Department
BRIAN T. NISHIMURA, PLANNING CONSULTANT
101 Aupuni Street, Suite 217
Hilo, Hawaii 96720-4221
Phone: (808) 935-7692 Fax: (808) 935-6126 E-mail: btnishi@veriwn.net
December 14, 2005
Mr. Christopher J. Yuen, Director
County of Hawaii
Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720-3043
Subject: State Land Use Boundary Amendment (SLU OS-006)
Change of Zone Application (REZ OS-020)
Applicant: Timothy Lynn Gardner
Request: Agriculture to Urban/A-la to MCX-la
TMK: (3) 1-5-7: 53
Deaz Mr. Yuen:
This is in response to comments forwazded by your office from the Department of Environmental
Management regazding the subject application. The applicant has reviewed the comments and
will comply with all stated requirements.
Should you have any questions regazding this matter, please do not hesitate to contact me.
Sincerely,
Brian T. Nishimura, Planning Consultant
c. Ms. Bazbaza Bell, Director, Department of Environmental Management
BRIAN T. NISHIMURA, PLANNING CONSULTANT
101 Aupuni Street, Suite 217
Hilo, Hawaii 96720-4221
Phone: (808) 935-7692 Fax: (808) 935-6126 E-mail: btnishi@verizon.net
December 14, 2005
Mr. Christopher J. Yuen, Director
County of Hawaii
Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720-3043
Subject: State Land Use Boundary Amendment (SLU OS-006)
Change of Zone Application (REZ OS-020)
Applicant: Timothy Lynn Gardner
Request: Agriculture to Urban/A-la to MCX-la
TMK: (3) 1-5-7: 53
Deaz Mr. Yuen:
This is in response to comments forwazded by your office from the Department of Health
regazding the subject application. The applicant has reviewed the comments and will comply
with the rules and regulations indicated at the time of building permit application.
Should you have any questions regarding this matter, please do not hesitate to contact me.
Sincerely,
Brian T. Nishimura, Planning Consultant
c. Mr. Larry K. Shiro, Acting District Environmental Health Program Chief, State of Hawaii,
Department of Health
RGnrdnerREZI -1220/05
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
TIMOTHY LYNN GARDNER
CHANGE OF ZONE APPLICATION (REZ 05-020)
Upon cazeful review of the request, the Planning Director is recommending that an
unfavorable recommendation for the Change of Zone request be forwazded to the County
Council. Since this recommendation is made without the benefit of public testimony, the
Director reserves the right to modify and/or alter this position based upon additional information
presented at the public hearing. This unfavorable recommendation is based on the following
findings:
In order to consider an azea for any type of zoning designation, the applicable
goals, policies and standazds 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 be also considered as they may have an impact on similaz azeas in the
County, but ultimately, on the future development of the whole island.
The applicant is requesting a Change of Zone from Agricultural 1-acre (A-la) to
Industrial-Commercial Mixed 1-acre (MCX-la) to develop a self storage facility on the
property. The applicant is also requesting a State Land Use Boundary Amendment from
Agricultural to Urban to allow the proposed uses.
The entire 3.319-acre parcel will be utilized for the proposed facility. The project
consists of the following:
• Nine (9) single-story steel buildings divided into individual self storage units with
individual steel doors.
• Approximately 56,200 square feet under room including an office approximately 200
square feet in size.
The applicant states that he "will contribute the property to a new LLC to be formed
(tentatively Pahoa Storage Partners, LLC)", of which the applicant will be apart-owner.
The applicant intends to address the demand for self-storage facilities in lower Puna and
Pahoa and states that "there aze no existing self storage facilities serving Pahoa, with the
nearest facilities in Keaau and Hilo operating at capacity." There will be one full-time
and one part-time employee on the site. Office hours will be 8:00 a.m. to 4:30 p.m.;
storage hours will be 6:00 a.m. to 8:00 p.m. daily. The facility will be managed by A-
American Self Storage Management Co., Inc. which currently manages over 100 self
storage facilities nationwide include nine facilities in the State and two facilities on the
Big Island. The applicant anticipates that construction will be completed within 12
months at an estimated cost of $2.5 to $3 million.
Surrounding properties to the northwest and south are zoned A-1 a, and properties
to the east are zoned A-Sa. The azea is characterized by a mix of residential, agricultural
and commercial uses. The adjacent parcel to the southeast (TMK: 1-5-7: 17) was granted
a Special Permit on September 2, 2005 for the establishment of a fire station. The Pahoa
Agricultural Pazk, Phase II is located south east of the property and includes a mix of
residential and agricultural uses. The Pahoa Mazket Place, which includes a mix of
commercial and industrial uses, is located approximately 1,800 feet southwest of the
property on the western side of the Keaau-Pahoa Highway. This properly, identified as
TMK: 1-5-7: 80, was redesignated from an Agricultural to the Urban district and rezoned
from A-la to MCX-20 by Ordinance No. 00 77 effective July 18, 2000.
The General Plan Land Use Pattern Allocation Guide (LUPAG) Map component
of the General Plan is a graphic representation of the document's goals, policies, standards
and courses of action and depicts the physical relationship between the various land uses.
The LUPAG Map establishes the basic urban and non-urban form for areas within the
County. The LUPAG Map designates the area as Urban Expansion Area, and
immediately surrounding this areas is the Extensive Agriculture designation. The Urban
Expansion Area designation would allow for the proposed use, as well as residential uses.
However, the LUPAG designation does not mandate that a specific zoning be granted. It
is still necessary to do asite-specific analysis. The LUPAG is a broad-brush guide to land
use patterns. This property is at the outer fringe of a lazge urban expansion azea.
-2-
The request is contrary to the Land Use goals and policies of the General Plan.
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
lands for residential use, commercial and visitor services, industry, agriculture and open
space. Land Use is one of the principle focal points of public concern and policy. The
Land Use element, which also includes a Commercial and Industrial sub-element,
provides the basis for control and guidance of public and private resources.
The request is not consistent with the Land Use -Commercial Development goals
and policies of the General Plan, which state:
• Encourage the concentration of commercial uses within and surrounding a central
core area.
• Provide commercial developments that complement the overall pattern of
transportation and land usage within the island's regions, communities, and
neighborhoods.
)n addition, a course of action for the Puna District states:
• Centralization of commercial activities in Pahoa Town, rather than along the
Pahoa By-Pass, to serve the residents of Lower Puna shall be encouraged.
The proposed use is also not consistent with the Land Use -Industrial (Puna)
course of action which states:
• Industrial-commercial mixed use districts may be provided in appropriate
locations.
As the property is located northeast of the Keaau-Pahoa Highway, the project
would not be a complementary extension of the commercial area of Pahoa. All
commercial establishments are currently located west of the Keaau-Pahoa Highway, and
the extension of commercial areas across of, or east of the Keaau-Pahoa Highway, would
create a spot or scattered development along both sides of the highway. Because the
property has access only from the highway, all users would have to turn directly in and
out from the highway. Basic access management principles discourage direct access to
-3-
commercial sites from busy high-speed through-highways. Any users coming from the
Keaau direction would have to make alert-turn into the property. For this reason, the
State Department of Transportation has requested left-turn channelization, avery
expensive improvement. Although there is an existing legal access, the proposed
rezoning would greatly increase the potential traffic. To allow the establishment of the
proposed use would set a precedent for an undesirable land use pattern that would be
contrary to the State Land Use Law and the General Plan. From a land use standpoint,
industrial/commercial azeas should be established in close proximity to existing MCX-
zoned areas. In keeping with these goals, policies and standards, new
industriaUcommercial areas shall be developed and established in keeping with the social,
cultural and physical environment of the County. To establish the proposed self-storage
facility and related uses in this azea would be contrary to the goals, policies and standazds
of the General Plan. The proposed project would be more appropriate in an azea where
other similar industriallcommercial uses aze established.
The Land Use and Commercial Elements requires that a change of zone request be
evaluated for a particulaz azea in relationship to the following goals, policies, standards
and course of action:
Land Use
• 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.
• Encourage the development and maintenance of communities meeting the needs
of its residents in balance with the physical and social environment.
• Zoning request 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.
-4-
Commercial Development
• 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 azeas adequately served by necessary
services, such as water, utilities, sewers, and transportation systems.
Distribution of commercial azeas shall be such as to best meet the demands of
neighborhood, commercial and regional needs.
• Encourage the concentration of commercial uses within and surrounding a central
core azea.
Industrial
• Designate and allocate industrial areas in appropriate proportions and in keeping
with the social, cultural, and physical environments of the County.
• Industrial-commercial mixed use districts shall be provided in appropriate
locations.
Based on the above, the appropriateness of the request for a particulaz location
must be evaluated using the above guidelines. Although the applicant specifically plans a
self-storage facility, the proposed change of zone request from Agricultural (A-la) to
Industrial-Commercial Mixed (MCX-la) would allow a wide range of commercial uses to
be established on the site, such as gas stations, supennazkets, other retail establishments,
convenience stores, medical clinics, theaters and others. This is not a situation where a
few potential uses might cause problems. Abroad range of uses allowed in the MCX
district could potentially generate substantial traffic. Existing commercial zoned lands
aze already centered in Pahoa Town approximately one mile from the subject property,
where commercial uses and traffic patterns have already been established.
Existing zoning would allow self-storage facilities in the Shipman Business Pazk
and on Milo Street. The Planning Commission also recently voted to allow the expansion
of an existing self-storage facility under a Special Permit in Hawaiian Pazadise Pazk.
-5-
Existing infrastructure cannot support commercial development in this area east of
the Keaau-Pahoa Highway. Industrial-commercial uses at this location would create an
increase in cross-highway movement and traffic congestion. The Department of
Transportation (DOT) has requested a Traffic Impact Analysis Report for their review
and approval, and has recommended the chazmelization of the access intersection, street
lighting at the driveway intersection, highway improvements provided at no cost to the
State, and a left turn channelization lane. In addition, the DOT has recommended that the
applicant participate in a prorata shaze of future highway impacts and improvements and
the installation of guazdrails providing protection from highway traffic Thus, extensive
improvements would be required prior to the establishment of the proposed uses.
At this time, industrial-commercial uses could be more appropriately established
in closer proximity to Pahoa Town on the western side of Keaau-Pahoa Highway where
such uses are already in existence. Therefore, from a land use perspective, to allow
further higher density industrial-commercial uses through the MCX zoning in this area
would be inappropriate at this time
Allowing this change of zone would undoubtedly serve as a precedent for future
rezonings for commercial and light industrial uses on the Keaau-Pahoa Highway in the
LUPAG Urban Expansion azeas. The area designated Urban Expansion Area is over two
miles long.
Based on the above, aMCX-1 a zoning is not appropriate for this property. The request
for a Change of Zone from a Agricultural (A-la) to Industrial-Commercial Mixed (MCX-la)
zoned district would not result in an appropriate land use pattern and would not further the public
convenience, necessity and general welfaze. Therefore, it is recommended that this request be
denied. A draft bill to amend Section 25-8-22 {Puna District Zone Map) of Chapter 25, Zoning
Code is provided for your information. Please note that due to the denial recommendation, there
aze no conditions attached to the draft bill.
-6-
~rrwM
COUNTY OF HAWAII STATE OF HAWAII
OI M'
BILL NO.
ORDINANCE NO.
(PLANNING DEPT)
AN ORDINANCE AMENDING SECTION 25-8-26 (PAHOA ZONE MAP), ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-la) TO
INDUSTRIAL-COMMERCIAL MDCED (MCX-la) AT KEONEPOKO, PUNA, HAWAII,
COVERED BY TAX MAP KEY 1-5-7:53.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-26, Article 8, Chapter 25 (Zoning Code) of the Hawaii
County Code 1983 (2005 Edition), is amended to change the district classification of property
described hereinafter as follows:
The district classification of the following azea situated at Keonepoko, Puna,
Hawaii, shall be Industrial-Commercial Mixed (MCX-la):
Beginning at the south comer of this parcel of land, being also the west comer of
Lot A and on the northeasterly side of Keaau-Pahoa Road, F.A.S.P. No. 5-0130(8), the
coordinates of said point of beginning referred to Government Survey Triangulation
Station "OLAA", being 32,729.04 feet South and 33,198.14 feet East, thence running by
azimuths measured clockwise from true South:
1. Along Keaau-Pahoa Road, F.A.S.P. No. S-0130(8) on a curve to the left with a
radius of 2,904.79 feet, the chord azimuth and
distance being: 143° Ol' 06.4" 201.02 feet;
2. 238° 48' 733.69 feet along the remainder of Grant 13,450 to
Kamaichi Kawazoe (Lot 18-C-1);
3. 328° 48' 200.00 feet along Grant 5-15,858 to Department of
Hawaiian Home Lands;
4. 58° 48' 713.44 feet along Lot A to the point of beginning and
containing an area of 3.317 Acres.
-1-
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005
Edition), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which maybe adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
SECTION 3. In the event that any portion of this ordinance is declazed invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of lst Reading:
Date of 2nd Reading:
Effective Date:
-2-
a ~ ~
~A fa ~ A Sa - P`~~~a~
A-
AGRICULTURAY' IA-1a) TO
INDUSTRIAL-COMMERCI MIXED (MC a)
3.317 ACR ~
t
A-ta G;p ~p
6 po`O D~dQ
d s,,
O' A-fa -;M i;
Cr :i '
~
V~~ ~ \
2,72 S A-1a A-5a A-Sa~
A-z0a 3 , 98.14
"OLAA"-'
a
~a ~ ~~A
A-z0a ~ ~ ,Fa a 5a
A-la
A-1a
N ASa ~
CX-20 \
CN-20 atg~V ,
w E A-fa Kahak A-5a
A- a
CN-20
A-20a S -d A-ta
A 1a/ w~
~ i ~ ~
, A- A
A.,fa / 'Q ~ dh0
d A-Sa
9 ByA
~ d't3~t
A-fa a
A-ia
-1
920 460 0 920 1840 2760 3680 4600~t
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-26 (PAHOA ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE
1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A-1 a)
TO INDUSTRIAL-COMMERCIAL MIXED (MCX-1 a)
AT KEONEPOKO, PUNA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
MK'. 1-5-007:053 Date: NOVEMBER 2, 200
EXHIBIT "A" (Timothy Lynn Gardner:it79)
RGerdnerSLU.doc-12/ 19/05
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
TIMOTHY LYNN GARDNER
STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU OS-006)
Upon cazeful review of the request, the Planning Duector is recommending that an
unfavorable recommendation for the State Land Use Boundary Amendment application be
forwazded to the County Council. Since this recommendation is made without the benefit of
public testimony, the Director reserves the right to modify and/or alter this position based upon
additional information presented at the public hearing. This recommendation is based on the
following findings:
The approval of the reclassification from the State Land Use Agricultural to
the Urban District for approximately 3.319 acres will not conform to Section 205-2,
Chapter 205, Hawau Revised Statutes, nor will the reclassification action be
consistent with the Hawaii Land Use Commission Rules, the Hawaii State Plan and
the County General Plan. The applicant is requesting a State Land Use Boundary
Amendment from Agricultural to the Urban district. The applicant is also requesting a
concurrent change of zone from an Agricultural (A-la) to Industrial-Commercial Mixed
(MCX 1-a) for 3.319 acres to develop a self storage facility on the property. The entire
3.319-acre parcel will be utilized for the proposed facility. Proposed are the following:
• Nine (9) single-story steel buildings which will be divided into individual self storage
units with individual steel doors.
• Approximately 56,200 squaze feet under roof including an office approximately 200
squaze feet in size.
One full time and one part time employee will be on the site. Office hours will be
8:00 a.m. to 4:30 p.m., and storage hours will be from 6:00 a.m. to 8:00 p.m. daily. The
applicant intends to address the demand for self-storage facilities in lower Puna and
Pahoa, According to the applicant, there aze no existing self storage facilities serving
-t-
Pahoa with the neazest facilities in Keaau and Hilo operating at capacity. The facility will
be managed by A-American Self Storage management Co., Inc. which currently manages
over 100 self storage facilities nationwide include nine facilities in the State and two
facilities on the Big Island. Construction will be completed within 12 months at an
estimated cost of $2.5 to $3 million.
The Hawaii Land Use Commission Rules states several standazds for considering
an azea for urban reclassification. The proposed use does not meet the following
standazds which state:
In determining urban growth for the next ten years, or in amending the
boundary, lands contiguous with existing urban areas shall be given more
consideration than non-contiguous lands, and particulazly when indicated for
future urban use on State or County General Plans.
• It shall not include lands, the urbanization of which will contribute towazd
scattered spot urban development, necessitating unreasonable investment in
public infrastructure or support services.
The property is surrounded by lands designated State Land Use Agricultural and is
not contiguous to urban designated lands. The closest urban-designated lands are located
approximately 1,800 feet across the Keaau-Pahoa Highway to the southwest, site of The
Pahoa Mazket Place. Pahoa Town, with a variety of urban uses, is located approximately
one mile from the site.
The General Plan Land Use Pattern Allocation Guide (LUPAG) Map component
of the General Plan is a representation of the document's goals, policies, standazds and
courses of action. It is also a graphic depiction of the physical relationship between the
various land uses. The LUPAG Map establishes the basic urban and non-urban form for
azeas within the County. The LUPAG Map designates the area as Urban Expansion Area.
As such, the designation would allow for the proposed use as well as residential uses.
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, standazds and
courses of action to accommodate growth without congestion, to designate and preserve
-2-
lands for residential use, commercial and visitor services, industry, agriculture and open
space. Land Use is one of the principle focal points of public concern and policy. The
Land Use element, which also includes a Commercial and Industrial sub-element,
provides the basis for control and guidance of public and private resources.
The request is not consistent with the Land Use -Commercial Development goals
and policies of the General Plan, which state:
• Encourage the concentration of commercial uses within and surrounding a
central core azea.
• Provide commercial developments that complement the overall pattern of
transportation and land usage within the island's regions, communities, and
neighborhoods.
In addition, a course of action for the Puna District states:
• Centralization of commercial activities in Pahoa Town, rather than along the
Pahoa By-Pass, to serve the residents of Lower Puna shall be encouraged.
In addition, the proposed use is not consistent with the Land Use -Industrial
(Puna) course of action which state:
• Industrial-commercial mixed use districts may be provided in appropriate
locations.
As the property is located northeast of the Keaau-Pahoa Highway, the project
would not be a complementary extension of the commercial azea of Pahoa. All
commercial establishments aze currently located west of the Keaau-Pahoa Highway, and
the extension of commercial azeas across of, or east of the Keaau-Pahoa Highway, would
create a spot or scattered development along both sides of the highway. To allow the
establishment of the proposed use would set a precedent for an undesirable land use
pattern that would be contrary to the State Land Use Law and the General Plan. From a
land use standpoint, industrial/commercial azeas should be established in close proximity
to existing MCX-zoned areas. In keeping with these goals, policies and standazds, new
industrial/commercial azeas shall be developed and established in keeping with the social,
cultural and physical environment of the County. To establish the proposed self-storage
-3-
facility and related uses in this azea would be contrary to the goals, policies and standazds
of the General Plan. The proposed project would be more appropriate in an azea where
other similaz industriaUcommercial uses aze established.
Urban Districts shall include lands characterized by "city-like" _
concentrations of people, structures, streets, urban level of services and other
related land uses. Lands to the north aze zoned Agricultural (A-la). The adjacent
property to the north is vacant, and properties to the east aze zoned A-Sa and in
agricultural use. The adjacent property to the south/southeast is zoned A-la and is the
site of a proposed County fire station. Properties to the west across the Keeau-Pahoa
Road aze improved with dwellings and greenhouses. The land uses in the azea aze a mix
of agricultural and residential uses. The urban azea, with its mix of industriaUcommereial
mixed uses, is located to the south and southwest of the project azea and is not in close
proximity to the project site.
While the property is within the State Land Use Agricultural and County's
Agricultural (A-la) zoned distriM, it is not currently being used for active
agricultural purposes. According to the applicant, there is a 63-yeaz old single-family
dwelling on the property. The dwelling will be moved or demolished prior to the stazt of
construction. Although the pazcel will not displace existing or potential agricultural
activity on the land, the proposed use is industriaUcommercial in nature. The existing
industrial/commercial azea is located southwest of the Keaau-Pahoa Highway (The Pahoa
Mazket Place). Therefore, although the proposed use will not have an adverse effect on
the County's agricultural land inventory, it would create a sepazate, non-contiguous urban
area with industriaUcommercial uses.
The Hawaii State Plan serves as a guide for the future long-range development of
the State and provides a basis for determining priorities and allocating limited resources
such as public funds, services, land, energy, water and other resources. A Land
Resources Priority Guideline states "Encourage urban growth primarily to existing urban
azeas where adequate public facilities aze already available or can be provided...." The
proposed action to designate lands from the State Land Use Agricultural to the Urban
-4-
District would be contrary to this stated guideline.
Based on the above, a State Land Use Boundary Amendment from Agricultural to the
Urban District does not complement the State Land Use District Regulations and is not
supportive of the State of Hawaii Plan and the County General Plan. Therefore, it is
recommended that this request be denied. Please note that due to the denial recommendation,
there are no conditions attached to the draft bill.
-5-
~v,or
~L~ .L
COUNTY OF HAWAII STATE OF HAWAII
•~Of ~M~~
BILL NO.
ORDINANCE NO.
(PLANNING DEPT)
AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE
COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE
AGRICULTURAL TO THE URBAN DISTRICT AT KEONEPOKO, PUNA, HAWAII,
COVERED BY TAX MAP KEY 1-5-7:53.
BE ft ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The State Land Use Boundaries Maps for the County of Hawai `i is
amended to change the district classification of property described hereinafter as follows:
The district classification of the following azea situated at Keonepoko, Puna,
Hawaii, shall be Urban:
Beginning at the south comer of this pazcel of land, being also the west comer of
Lot A and on the northeasterly side of Keaau-Pahoa Road, F.A.S.P. No. 5-0130(8), the
coordinates of said point of beginning referred to Government Survey Triangulation
Station "OLAA", being 32,729.04 feet South and 33,198.14 feet East, thence running by
azimuths measured clockwise from true South:
1. Along Keaau-Pahoa Road, F.A.S.P. No. S-0130(8) on a curve to the left with a
radius of 2,904.79 feet, the chord azimuth and
distance being: 143° O1' 06.4" 201.02 feet;
2. 238° 48' 733.69 feet along the remainder of Grant 13,450 to
Kamaichi Kawazoe (Lot 18-C-1);
3. 328° 48' 200.00 feet along Grant 5-15,858 to Department of
Hawaiian Home Lands;
4. 58° 48' 713.44 feet along Lot A to the point ofbeginning
and containing an area of 3.317 Acres.
Al] as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 3. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
-2-
ricultural
A ~ ultural Agricultural \ a5~
J~O
-P
AGRICULTURAL
TO URBAN
3.317 ACRES ~
5
GA6 o~°a ~~d
d Agric ral _p d~f
' ultural O'
i $,r..
3 9.04
33,19.4E Agricultural
AA'" Agricul al
~a
~ ~ ~ ~ ~a~~
lcultuwl A 'c el ~ ~aZ Agric oral
Agri wal
Agri oral
N \
ban
Urban
W Asultural KybaKa\~\v AgricuUural
Urba ral
S ~
i nc
t
ral d?
A "cu al
p
`O d~dd
~ , eyA
dSs
tural RQ"
Agricultural Agnculfural
A ral
910 455 0 910 1.820 2730 3640 4.55~0~1
AMENDMENT TO STATE LAND USE
BOUNDARIES MAP
AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE
COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM
THE AGRICULTURAL TO THE URBAN DISTRICT
AT KEONEPOKO, PUNA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
MK: 1-5-007:053 Date: NOVEMBER 2, 200
EXHIBIT ~~A~~ (Timothy Lynn Gardner:05-157)