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COM 0199.000 2006-2008
MZY os M~ Harry Kim Dixie Kaetsu Mnyor Mnnnging Director Barbara Kossow h'o: Deputy Managing Drector County of Hawaii 25 Aupuni Street, Room 215 Hilo, Hawaii 96720-4252 • (808) 961211 • Fax (808) 961 b553 KONA: 75-5706 Kuakini Highway, Sui[e 103 • Kailua-Kona, Hawaii 96740 (808) 3295226 • Fax (808) 3265663 February 16, 2007 Honorable Pete Hoffmann, Chairman and Members of the County Council County of Hawaii ~ ~'T~, 333 Kilauea Avenue ? a' Hilo, HI 96720 ~ o Dear Chairman Hoffmann and Members: Change of Zone Application (REZ 06-000054) ~ ' ~n Applicant: Big Island Ventures, LLC Request: RS-7.5 to CV-7.5 Tax Map Key: 9-5-24:8 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 letter and enclosures regarding the above-referenced request. Sincerely, Kim azTY `1 Mayor Enclosures cc: Planning Department ~l> Comm. No. 1~ Rwf. To• Reef, Uate FEB 2 0 2001 ~Y W County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 Fax (808) 961-8742 c~ ...a February 16, 2007 `C_7~ cp N 'Z7 Pete Hoffinann, Chairman ~ u and Members of the County Council - County of Hawaii 333 Kilauea Avenue, 2"d Floor Hilo, HI 96720 Dear Chairman Hoffinann and Council Members: Change of Zone Application (REZ 06-000054) Applicant: Big Island Ventures, LLC Request: RS-7.5 to CV-7.5 Tax May Key: 9-5-24:8 The Planning Commission, after a duly held public hearing on February 2, 2007, voted to recommend for your approval the proposed legislative bill to change the district classification from a Single Family Residential - 7,500 square foot (RS-7.5) to a Village Commercial - 7,500 square foot (CV) district for 17,382 square feet of land. The property is located at the northeast corner of the Highway 11 (Mamalahoa Highway) and Kukui Road intersection, across from the Naalehu Park, Naalehu Subdivision 3ra Series, Poupouwela and Kawala, Ka`u, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant is requesting a Change of Zone from RS-7.5 to CV-7.5 to allow office uses within an existing single-family dwelling. The applicant intends to develop the property to allow for a business office to meet the growing demand for commercial use in the Naalehu Town area. The applicant states, "the project offers the advantage of being adjacent to existing infrastructure and supportive public facilities." Minimal site changes are planned, as the proposed use will be contained within the existing structure. Hawaii County is an Equal Opportunity Provider and Employer i r~ Pete Hoffinann, Chairman and Members of the County Council Page 2 Because it is the applicant's statement that the existing home will be used, the proposed conditions will make this a requirement. The home is an attractive asset in this area and adjacent properties are all physically developed with residential structures. In order to consider an azea 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. The proposed request for a change of zone from RS-7.5 to CV-7.5 conforms to the goals, policies and standazds of Land Use (Commercial) and Economic Elements of the General Plan. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The requested Village Commercial zoning is consistent with the Medium Density Urban designation on the LUPAG Map for this area of Naalehu. Such designation may allow village commercial uses, including office uses. Recent commercial rezonings in the area include: • TMK: 9-5-24: 76 (adjacent property to the east), Ordinance No. 90 131 effective October 20, 1990 for a change of zone from RS-7.5 to CV-7.5. • TMK: 9-5-24: 77, Ordinance No. 90 129 effective October 20, 1990 for a change of zone from RS-7.5 to CV-7.5. Surrounding uses are a mix of residential and commercial uses and zoned RS-7.5, CV-7.5 (adjacent property to the east) and CV-10 (across Highway 11). The Ka'u Family Health Center is located across the highway to the east and zoned CV-10. Naalehu School is located east of the Kau Family Health Center. Keoki's Cafe and a Union 6 service station are located to the south across Highway 11. Access to the property is proposed from Highway 11, a state-owned highway with an approximately 50-foot right-of--way with a 40-foot wide pavement. There is an existing roadway easement within the property which gains access to Highway 11. L Pete Hoffmann, Chairman and Members of the County Council Page 3 Curbs, gutters and sidewalks have been constructed along the south side of Highway 11 fronting the Ka'u Family Health Center to Naalehu School. The Department of Public Works recommends that the applicant provide improvements to the entire frontage along Kukui Road consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation. Because the conditions of the zoning limit development to the current home, the Director is not recommending curb, gutter and sidewalk improvements. These would not connect with any other sidewalks and would have limited usefulness. According to the Department of Water Supply, County water is available from an existing 8-inch waterline within Highway 11 or an existing 6-inch waterline within Kukui Street, both fronting the subject parcel. The County police station is located less than two miles from the property. Ka'u Hospital is located approximately 12.5 miles from the site. All utilities are available to the property. The request would complement a policy of the General Plan in which "Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems....." The Flood Insurance Rate Maps (FIRM) indicate that the area is located in Zone "X," areas determined to be outside of the 500-yeaz flood plain. There are no significant drainage ways that adversely affect the project site. While there are no indications of surface water flow on-site, the applicant will be required to abide by all applicable County guidelines for run-off that maybe generated by the project. The entire site has been grubbed and graded as a dwelling site. Given the scope of work previously conducted on the site, the presence of any known rare, threatened, or endangered floral and fauna species is remote. Likewise, the existence of archaeological sites within the property is unlikely. By letter dated November 6, 2006, the applicant has requested a letter of "no effect" from the State Department of Land and Natural Resources Historic Preservation Division. The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management. The property is not located in the Special Management Area. The site is not proximate to the shoreline and therefore will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access that traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultura] or historical resources in the area. . Pete Hoffrnann, Chairman and Members of the County Council Page 4 Based on the above findings, the request to reclassify the property from aSingle- Family Residentia17,500 squaze feet (RS-7.5} to a Village Commercial 7,500 square feet (CV-7.5) district would result in an appropriate land use pattern and further benefit the general public. For your favorable consideration, an amendment to Section 25-8-30 (Naalehu Zone Map), of the County Zoning Code is transmitted. We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, tam Graham, Chai an Planning Commission Lbigisleventures02PC Enclosures cc: Steven S. C. Lim, Esq. Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD/Kona DOT-Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel RBigIsleVentRF.Z.doc - 1/26/07 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION BIG ISLAND VENTURES, LLC CHANGE OF ZONE APPLICATION (REZ 06-0000541 Upon careful review of the request, the Planning Director is recommending that a favorable recommendation of the request for a Change of Zone from Single-Family Residential 7,500 square feet (RS-7.5) to Village Commercia17,500 square feet (CV-7.~ be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Duector reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a Change of Zone from RS-7.5 to CV-7.5 to allow office uses within an existing single-family dwelling. The applicant intends to develop the property to allow for a business office to meet the growing demand for commercial use in the Naalehu Town area. The applicant states, "the project offers the advantage of being adjacent to existing infrastructure and supportive public facilities." Minimal site changes are planned, as the proposed use will be contained within the existing structure. Because it is the applicant's statement that the existing home will be used, the proposed conditions will make this a requirement. The home is an attractive asset in this area and adjacent properties are all physically developed with residential structures. 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 areas in the County. The proposed request for a change of zone from RS-7.5 to CV-7.5 conforms to the goals, policies and standazds of Land Use (Commercial) and Economic Elements of the General Plan. The Land Use Pattern Allocation Guide (I,UPAG) Map component of ATTACH: Cann. 199 Bi11 62 the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The requested Village Commercial zoning is consistent with the Medium Density Urban designation on the LUPAG Map for this area of Naalehu. Such designation may allow village commercial uses, including office uses. Recent commercial rezonings in the azea include: • TMK: 9-5-24: 76 (adjacent property to the east), Ordinance No. 90 131 effective October 20, 1990 for a change of zone from RS-7.5 to CV-7.5. • TMK: 9-5-24: 77, Ordinance No. 90 129 effective October 20, 1990 for a change of zone from RS-7.5 to CV-7.5. Surrounding uses aze a mix of residential and commercial uses and zoned RS-7.5, CV-7.5 (adjacent property to the east) and CV-10 (across Highway 11). The Ka'u Family Health Center is located across the highway to the east and zoned CV-10. Naalehu School is located east of the Kau Family Health Center. Keoki's Cafe and a Union 6 service station are located to the south across Highway 11. Access to the property is proposed from Highway 11, a state-owned highway with an approximately 50-foot right-of--way with a 40-foot wide pavement. There is an existing roadway easement within the property which gains access to Highway 11. Curbs, gutters and sidewalks have been constructed along the south side of Highway 11 fronting the Ka'u Family Health Center to Naalehu School. The Department of Public Works recommends that the applicant provide improvements to the entire frontage along Kukui Road consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation. Because the conditions of the zoning limit development to the current home, the Director is not recommending curb, gutter and sidewalk improvements. These would not connect with any other sidewalks and would have limited usefulness. According to the Department of Water Supply, County water is available from an existing 8-inch waterline within Highway 11 or an existing 6-inch waterline within Kukui Street, both fronting the subject parcel. The County police station is located less than two -2- miles from the property. Ka'u Hospital is located approximately 12.5 miles from the site. All utilities are available to the property. The request would complement a policy of the General Plan in which "Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems....." The Flood Insurance Rate Maps (FIRM) indicate that the azea is located in Zone "X," azeas determined to be outside of the 500-year flood plain. There are no significant drainage ways that adversely affect the project site. While there aze no indications of surface water flow on-site, the applicant will be required to abide by all applicable County guidelines for run-off that may be generated by the project. The entire site has been grubbed and graded as a dwelling site. Given the scope of work previously conducted on the site, the presence of any known rare, threatened, or endangered floral and fauna species is remote. Likewise, the existence of archaeological sites within the property is unlikely. By letter dated November 6, 2006, the applicant has requested a letter of"no effect" from the State Department of Land and Natural Resources Historic Preservation Division. The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management. The property is not located in the Special Management Area. The site is not proximate to the shoreline and therefore will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access that traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Based on the above findings, the request to reclassify the property from aSingle- Family Residential 7,500 square feet (RS-7.5) to a Village Commercia17,500 square feet (CV-7.5) district would result in an appropriate land use pattern and further benefit the general public. -3- The accompanying draft bill to amend Section 25-8-30 (Naalehu Zone Map), Article 8, Chapter 25 (Zoning Code) is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -4- CBigtsle V e~RREZ.doo- 3 /26/07 BIG ISLAND VENTURES, LLC CHANGE OF ZONE APPLICATION (REZ 06-000054) CONDITIONS OF APPROVAL A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Plans for conversion of the single-family dwelling shall be submitted for Plan Approval from the Planning Director within one (1) year from the effective date of this ordinance. Plans shall identify fire protection measures, access roadway, driveway and parking stalls. Landscaping shall be indicated on the plans for the purpose of mitigating any potential adverse noise or visual impacts to adjoining parcels. Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements), Chapter 25 (Zoning Code), Hawaii County Code. C. Access to the property from Highway 11 shall meet with the approval of the Department of Transportation. D. The commercial development shall utilize the existing dwelling. Renovations and improvements which are generally consistent with the current appeazance of the existing home shall be allowed. E. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. F. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. G. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. H. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources -Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an azchaeological clearance from the DLNR-HPD when it finds that sufficient mitigation measures have been taken. I. If the applicant, successors or assigns develops residential units on the property, the applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to pazks and recreation, fire, police, solid waste disposal facilities and roads. The fair shaze contribution shall become due and payable prior to receipt of Final Plan Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair shaze contribution in the form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution maybe adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (RCPT). The fair shaze contribution shall have a maximum combined value of $6,653.40 per multiple family residential unit ($10,368.57 per single family residential unit). The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair shaze contribution per multiple family residential unit (single family residential unit) shall be allocated as follows: 1. $3,281.93 per multiple family residential unit ($4,999.91 per single family residential unit) to the County to support pazk and recreational improvements and facilities; 2. $103.73 per multiple family residential unit ($241.20 per single family residential unit) to the County to support police facilities; 3. $319.07 per multiple family residential unit ($476.39 per single family residential unit) to the County to support fire facilities; 4. $142.21 per multiple family residential unit ($208.57 per single family residential unit) to the County to support solid waste facilities; and 5. $2,806.46 per multiple family residential unit ($4,442.50 per single family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may contribute land -2- and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. J. To ensure that the goals and policies of the Housing Element of the General Plan are implemented, if required, the applicant shall comply with the requirements of Chapter I1, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Plan Approval. K. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. L. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. M. An initial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year maybe extended for up to one additional year). -3- 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. I Ii -a- 4°J~YY °i N,~ L i COUNTY OF HAWAII STATE OF HAWAII fit[ pj ~M~~' BILL NO. ORDINANCE NO. (PLANNING DEPT) AN ORDINANCE AMENDING SECTION 25-8-30 (NAALEHU ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL - 7,500 SQUARE FEET (RS-7.5) TO VILLAGE COMMERCIAL - 7,500 SQUARE FEET (CV-7.5) AT POUPOUWELA AND KOWALA, KAU, HAWAII, COVERED BY TAX MAP KEY 9-5-024:008. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Poupouwela and Kowala, Kau, Hawaii, shall be Village Commercial - 7,500 square feet (CV-7.5): Beginning at a spike at the Southeast corner of this pazcel of land, and on the Northwesterly side of the Mamalahoa Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "STEIN 2" being 247.09 feet North and 2,368.31 feet West, and running by azimuths measured clockwise from true Sauth: 1. 77° 26' 11" 49.15 feet along the Northwesterly side of the Mamalahoa Highway to a pipe; Thence along Kukui Street along a curve to the right having a radius of 55.00 feet, the chord azimuth and distance being: 2. 119° 25' OS" 73.58 feet to a pipe; 3. 161 ° 24' 101.94 feet along the Easterly side of Kukui Road to a nail; -1- Thence along the Easterly side of Kukui Road along a curve to the left having a radius of 620.00 feet, the chord azimuth and distance being: 4. 160° 49' 20" 12.50 feet to a nail (found); 5. 257° 15' 45" 81.64 feet along Lot 171, Naalehu Subdivision, Third Series to a pipe; 6. 163° 53' 30" 10.00 feet along Lot 171, Naalehu Subdivision, Third Series to a pipe; 7. 253° 53' 30" 35.05 feet along Lot 171 and Lot 173, Naalehu Subdivision, Third Series to a pipe; 8. 347° 26' 11" 175.40 feet along Lot 170-B to the point of beginning and containing an area of 17,382 square feet, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made 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 may be adverse to the public health, safety and welfaze; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -2- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- LoKELARi sr Nr.-zo Rs-r.s W ~ °9 E RS-T.5 KILIKA ST S ~.-20 RS-T.5 RS•25 7z OPUKEA ST R545 o SINGL -F LY RESI ENTIA -7,500 SQ. FT. (RS-7 a LLA CONMq RCIAL- 500 SQ. FT. CV•7. 1 362 SQ. FT. i Rsas j i U ~ ?K~Cf i ~ 3' f. -75 RS-75 R575 CV-f0 lAAfMLAKOA HWY 247.09 N 1ts-fo 1,368.31 ~ Rs-fo V-75 "STEIN 2" R&1o ~ cv-fo c -fo OPEN RSfO ~U1 ST CV-f0 R 10 RS-f0 RS10 RS-fo RS10 230 115 U 230 460 fi90 _ 920 t.t~paet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-30 (NAALEHU ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM 51NGLE-FAMILY RESIDENTIAL-7,500 SQ. FT. (RS-7.5) TO VILLAGE COMMERCIAL-7,500 SQ. FT. (CV-7.5) AT POUPOUWELA AND KOWALA, KAU, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII K &5-024:8 Oate: November 75, 2008 EXHIBIT "A" (Big Isle Ventures, LLC:1218) BBiglsle Ve~riRFZ-1M6/W COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT BIG ISLE VENTURES, LLC CHANGE OF ZONE APPLICATION (REZ 06-000054) BIG ISLE VENTURES, LLC has submitted an application for a Change of Zone by changing the district classification from Single-Family Residentia17,500 squaze feet (RS-7.5) to Village Commercial 7,500 squaze feet (CV-7.5) for 17,382 squaze feet of land. The property is located on the northeast corner of the Highway 11 (Mamalahoa Highway) and Kukui Road intersection, across from Naalehu Pazk, Naalehu Subdivision 3'" Series, Poupouwela and Kawala, Ka'u, Hawaii, TMK: 9-5-24: 008. PROPOSED DEVELOPMENT 1. Request: Change of zone from RS-7.5 to CV-7.5 to allow office uses within an existing single-family dwelling. 2. Reasons for the request: The applicant intends to develop the property to allow for a business office to meet the growing demand for commercial use in the Naalehu Town azea. The applicant states, "the project offers the advantage of being adjacent to existing infrastructure and supportive public facilities." Minimal site changes are planned, as the proposed use will be contained within the existing structure. (Exhibit 1-Change of Zone application) 3. Landowner: Phillip A. Kenner. GENERAL INFORMATION 4. Proposed Village Commercial Zoning: • Height limit - 30 feet • Minimum building site azea - 7,500 squaze feet • Setback -front and reaz 15 feet; side yazds none, except where the adjoining building site is in a RS, RD, RM or RCX district. Where the side yazd adjoins the side yard of a building site in these districts, the side yazd must conform to the side yazd requirements for dwelling use of the adjoining district. -1- STATE AND COUNTY PLANS 5. SLU Designation: Urban. 6. GP LUPAG Map: Medium Density Urban. 7. County Zoning: RS-7.5. 8. Coastal Zone Management, Chapter 205A, HRS: The entire State of Hawaii lies within the Coastal Zone Management Area. The property is not proximate to the shoreline, and will not be impacted by coastal and beach erosion. 9. Special Management Area: The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is not situated within the Special Management Area. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 10. Subject Property: The property is an approximately 17,382-squaze foot parcel with an existing single-family dwelling. The property is relatively flat and landscaped. 11. Surrounding Land Uses/Zoning: Surrounding uses aze a mix of residential and commercial uses and zoned RS-7.5, CV-7.5 (adjacent property to the east) and CV-10 (across Highway 11). The Kau Family Health Center is located across Highway 11 to the east and zoned CV-10. Naalehu School is located east of the Kau Family Health Center. Keoki's Cafe and a Union 6 service station are located to the south across Highway 11. 12. Commercial rezonings in the area: • TMK: 9-5-24: 76 (adjacent property to the east), Ordinance No. 90 131 effective October 20, 1990 for a change of zone from RS-7.5 to C V-7.5. • TMK: 9-5-24: 77, Ordinance No. 90 129 effective October 20, 1990 for a change of zone from RS-7.5 to CV-7.5. 13. U.S.D.A. Soil Type: NaC, Naalehu Series which consists ofwell-drained silty clay loams that formed in volcanic ash, with slopes of 0 to 10 percent. Runoff is slow and the erosion hazard is slight. 14. Land Study Bureau's Productivity Rating: Unclassified. 15. ALISH: Unclassified. 16. FIRM: Zone "X", an azea located outside of the 500-yeaz flood plain. -z- 17. Flora/Fauna: No botanical or fauna survey was prepazed, as the entire lot has been fully developed with a single family dwelling. No known raze, threatened, or endangered species are known to inhabit the parcel or are expected to be discovered on the site. Likewise, no species listed as threatened or endangered, proposed, or a candidate species are found on the site. 18. ArchaeologicaVCulturaUHistorical Resources: No azchaeological inventory survey has been prepazed, as the property is improved as a dwelling site. Similarly, no valued cultural or historical resources exist on the site. No traditional and customary native Hawaiian rights are exercised on the site. By letter dated November 6, 2006, the applicant has requested a letter of "no effect" from the State Department of Land and Natural Resowces Historic Preservation Division. 19. RecreationaWisual Resources: The proposed use of the property will not impact recreational resources and visual resources to or from the shoreline. No scenic or open space resources to the shoreline coastal view plane or coastal ecosystem will be impacted by the proposed action. 20. Public Access: There is no public access to the mountains or the shoreline that traverses the property. 21. Traffic: The proposed project will not significantly add to current noise levels. UTILITIES AND SERVICES 22. Access: Access to the property is from Highway 11, a state-owned highway with an approximately 50-foot right-of--way with a 40-foot wide pavement. There is an existing roadway easement within the property which gains access to Highway 11. Curbs, gutters and sidewalks have been constructed along the south side of Highway 11 fronting the Ka'u Family Health Center to Naalehu School. 23. Water: County water is available to the site. 24. Wastewater: Wastewater will be handled by individual wastewater systems, in compliance with the State Department of Health. 25. Utilities and Services: The County police station is located less than two miles from the property. Ka'u Hospital is located approximately 12.5 miles from the site. All utilities aze -3- available to the site. AGENCIES' COMMENTS 26. Department of Public Works: Exhibit 2 -November 30, 2006 memo 27. Department of Water Supply: Exhibit 3 -December 13, 2006 memo 28. Department of Environmental Management: Exhibit 4 -November 20, 2006 memo 29. Department of Transportation: Exhibit 5 -December 22, 20061etter AGENCIES - NO COMMENTS OR OBJECTIONS 30. Police Department, Fire Department, Department of Health, DLNR Land Division AGENCIES - NO RESPONSE 31. DLNR Historic Preservation Division, Natural Resources Conservation Service APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 32. Exhibit 6 -January 17, 20071etter PUBLIC COMMENTS 33. None as of this writing. -4- i~ i~ ' County Environmental2Zeport ' Change of Zone .application - ~ ~ ~ _ , , _ - ' A,_ ' Big IsCe~Ventures, LLC ' T.M~C ~3~9-5-24:08 t t November 2006 EXHIBIT 1 1 I ~ Change of Zone .2lppCication ~ dorm 1 I I I I 1 1 1 1 I 1 1 i~ CHANGE OF ZONE APPLICATION ' COUNTY OF HAWAII PLANNING DEPARTMENT ' (Type or legibly print the requested information) APPLICANT: Bie Isle Ventures, LLC APPLICANT'S SIGNATURE: see attached authorization DATE: ' ADDRESS: c/o Steven S.C. Lim, Carlsmith Ball LLP 121 Waianuenue Avenue Hilo Hawaii 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: Manaeer ' LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: Phillip A. Kenner ' PHONE:(Bus.) 935-6644 (Res.) (Fax) LANDOWNER(S): ' LANDOWNER SIGNATURE(S): see attached letter DATE: (May be by letter) LANDOWNER(S) ADDRESS: c/o 121 Waianuenue Avenue. Hilo, Hawaii 96720 ' REQUEST: RS-7.5 TO CV-7.5 (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3)9-5-24:08 ' STREET ADDRESS OF PROPERTY: ' SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 17,382 sa. ft. AGENT: Steven S.C. Lim. Esg, ADDRESS: 121 Waianuenue Avenue Hilo, Hawaii 96720 ' TELEPHONE:(Bus.) 935-6644 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. f ORIGINAL: Steven S.C. Lim COPIES: Bie Isle Ventures. LLC ATTACHMENT Commercial, RM, Resort, & Industrial PLANNING DEPARTMENT COUNTY OF HAWAII ' APPLICATION FOR CHANGE OF ZONE ' 1. if your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? No Ifs, please answer the rest of question I and then to question 3. ' a• How many acres of the requested area do you intend to subdivide? ' b. Into what lot sizes? c. if your request is approved, approximately how long ' after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? ' If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of ' zone application form. 2. If you nave no firm plans of subdividing the subject area, do you intend to: ' a. Sell or lease the land to someone who has firm plans? No t b. Sell or lease the land to someone who has tentative plans? No c. Sell or lease the land to someone who has no plans? No d• Keep it? Yes ' e. other (please state) 1 i~ t~ f. If you intend to do either a, b, or c, please elaborate I on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the I subject land to another party. I 3. What specific building plans do you have for the subject land? Include in your answer the following: type of building (apartment, office, launderette, etc.); financing arrangement; I timetable for construction; and any other information which you feel might help us in evaluating your request. The property is intended to be used as office space. I i I 9. Have you performed any study which would demonstrate a need for your proposed building and/or development? No ' if so, please elaborate on your findings in the space provided below. ' There is a need in the Naalehu area for office space. 1 I 1 -2- 5• Have you performed any study which discusses the ' environmental impacts your request would nave on the surrounding area and/or the County? Yes If so, please elaborate on your findings in the space provided below. The required County environmental report has been prepared for the ' subject application. Please see the attached report for the discussion on environmental impacts. 6. Are there any buildings on the subject area? Yes t If so, what kind? A single family residence. ' What do you intend to do with those buildings if your request is approved? ' Use it as an office space. ' I• Is the subject land currently being used for any agricultural activity? No ' if so, please list the kinds of products grown on and how many square feet or acres of land per product? 1 -3- i• t 8• To your knowledge, has there been any flooding and/or ' drainage problem on the subject area? No If so, please describe the problem. 9. Do you think that the roads leading to the subject area ' needs improvement? No If so, what kind? I Is the road adequate for the proposed traffic volume ' or load? Yea 10. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? yes ~ ' a. Schools g b, Roads X c. Sewer X X ' d. Drainage e. Police Protection x X f. Fire Protection X g, Recreational Facilities ' h. Recreational Facilities X ' i. -9- i~ i~ For those checked "yes," please elaborate what type or kinds of ' improvements and/or assistance are needed. 11. Have you performed any historic sites study and/or survey of the I subject area? If so, what were the results? Please, also, submit a copy of the study together with this change of zone supplement. I No study has been done. The prior use of the subject property and single-family residence since 1931 makes it highly unlikely that any archaeological resources are present on the property. 1 ' Signature: see authorization letter Address: Telephone: ' Date: 1 -5- ' 6338A/SOA P. D. 5/84 i~ i i i ~ ,~'ee Owner's fetter of f .~lut(orization I 1 i r i i i • tlar OS 06 05:42p 480 P•1 mal w w ur:arp eti Ix.e vtNttNttS 80B 929 45b5 P~ ¦ FEE OWNER'S LETTER OP A11T1liORiZAT70N Tate Map ]Key: (3) 9-5-Z4:~ Por, efKatarmano Hamesteadt, Diatria of Kau, Lslaud of Hawaii ' The tttdtrsiyted is the tee owner of the real property abavo-idauiSed, and hereby acthoriaes Ca:lstr:ith Hall LLY, to apply far, e><eeute and proeeaa any and all County, State and ' Federal Roverttmaatal permit applicauats, acrd to paRidpste is pmcaedu:ga telmed to said real proF~Y• ' A photostatic or tltesiora'1e copy oC Oueesesceud aWtorizadm shall also be cooridered ss effective »Id valid as the origjoal. 9IG [SI.E rSN1iJRES, LLC PLcGp A. Irs Maea~x NRISTNE MYRICN - HOARY PUBIX.CAUFORNUI „ Aydresa; da CarEsRtith Btll LLP IOt ANGELESCOUMY ~ l2l Waianaenue Aveaee confnassioN r ta6lbrE - ~ I4a]o, Hawaii 9ti729 NY camlxF~RES~Artnsiooe Subeerihed sad wwm m before ma this 9 say of (Y?a rch zoos Nan ~t.•e ~ r Notary Public, Strte oC ~ Q, My Comreission expires: a /-13 - 2ct! ~a17.SIf67~561 _ vN ~Li CN p1QfM Aa.n~in nw i~ i i i ~ Plot Plan o f Property 1 1 1 1 1 1 1 1 1 1 1 w~. i s 1 1 p`o q t/ O ti 1 Cl ~1 C1 `s~ it t i c a l°Jl ~ y... r. Y " ~.w! rr~^>•..-+ ~ s. .rte r,,,~ ' Od A t... { o ~ 4ro%w ~ iM ti O~ r w,~,i' ~ P pw v? J ~ ~ o ow r"•. o 3 N ~ ' ~ t~ ~ t"-' .i i . ~ 4 ~,re ~ 8 A. c. Pavemon~ _ ~ fi " W rt.. W D ~ ~1,~-r' O~ p .n ' ~ v ~ P Ufl Cy N O en (P ~ 'I W iIl O L, .gas°to' i , lei:ot y . _ D .`i n ' ..t " ~ w f" ~ ~ ~ i~ i o ',1 b i ~ ~ ~ A, ~P 1 ~ ; t ' 94'1'2GP11" C~w-- 1$x.'3'1 I 1~~. ~ fir.. ..J i.. _ 1.... I - ~ r p 9n6~~.. _ 0 ~ ~ . -..JAM[' e..-... _'~Y i ~ Q a" ~ ! ~ c i i gn ~ S O ~ •3 N_ 0 ~ + i- i i i ~ Metes and-Bounds Description I I I I I 1 1 I 1 I 1 1 L I All of That certain parcel of land (being a portion of the land dcscribcd in and covered by Royal Patent Number 732G, Land Commission Award Number 7314 to Ku), being LOT 170-r1 of the "NAALFIiU ' SUDDIVISION. THIRD SGRIBS", situate, lying and being at I'oupouwela and Kotvala, District of Ka'u, Island and County of Hawaii, State crf~ Hawaii, and more particularly dcscribcd as fiillows: ' f3ebinning at a spike at the Southeast wmcr of this parcel of land, and on the Northwesterly >idc of the Mmnalahoa Highway, the coordinates of said point of beginning referred to Govenunenl Survey Triangulation Station "STEIN 2" being 247.(1`) feet Notch and 2,308.31 feet ~'+'cst, and raining by azimutii> measured clockwise from true South: 77° 2G' 1 I " 49.15 feet along the Northwesterly side of the Mamalahoa ' Highway to a pipe; Thence along Ktilcui Stteet along a curve to the right having a radius of 55.00 feet, the chord azimuth ' and distance being: 2. 119° 25' OS" 73.58 teet to a pipe; ' 3. 161 ° 24' 101.94 feet along the Easterly side of Kukui Road to a nail; ' Thence along the Easterly side of Kukui Road along a curve to the left having a radius of 620.00 feet, the chord azimuth and distance being: ' 4. 160° 49' 20" 12.50 feet to a nail (found); 5. 257° I S' 45" 81.64 feet along Lot 171, Naalehu Subdivision, Third Series to ' a pipe; 6. l63° 53' 30" 10.00 feet along Lot 171, Naalehu Subdivision, Third Series to ' a ptpe, 7. 253° 53' 3U" 35.05 feet along Lot 171 and Lot 173. Naaleltu Subdivision, ' Third Series to a pipe; 8. 347° 2(i I I" 175.40 feet along Lot 170-B to the point of beginning and ' containing an arcs of 17,382 square feet, more car Iess. 1 7 ~ EXHIBIT A ~ ~ J• I ~ TOGETHER 1VITH a nonexclusive road c:)xment a(~ross Lot 170-B. to be used in common ith others. an(I ' dtscribrd as foYlo(vs: Beginning at a spike at the Southeast carnrr o this parcel OI land. and al ihl ,\prl~l(1 CSICI'I\ sldc of ' the Mamalahoa 1{ighway, the coordinat(~s of said poitkt of beginning referred to Got ennncnt Sure c~ Triangulation Station "STEIN 2" being 247.09 feet North and 2,368.31 feet ~\~cst, and mm~ing by aiunuths measured clockw•tse from true South: ` 1. IG7° 3G' I1" 18.47 fc~t; ' 2. 2S7° 26' ll" 20.14 fe~t; 3. 350° O1' 20'~ 158.63 fe~t to a point at the Northwesterly side of the ' M malahoa Highway, 4, 77° 26' 11" 13.98 f t along the Northwesterly side of the Mamalahoa ' Hi way to the point of begimiing and containing an area of 2,623 square feet, more or less. ' Being all of the land conveyed by: WARRANTY DEED ' Grantor: John S. Allen and Colleen R. Alt ~ ,husband and wife Grantee: Geeta A. Malliclc, single, as Ten in Severalty ' Dated: October 24, 2004 Document No.: 2004-220627 II SUBJECT, HOWEVER, TO: t II ' Reservation in favor of the State of Hawaii of al~ mineral and metallic mines. A S-foot setback for future road widening, adja nt to courses 2 and 3 over said L.ot 170-A, as shown on Plan attached to Deed dated April 13, 1978 r corded in the Bureau of Conveyances of the State of Hawaii in Book 12858 at Page 713. 1 ~ t ~I ' S . ~ ~ i ' Pole Line Easement as shown on Tax Map. A nonexclusive road easement to be used in common with others entitled and containing an area of ' 1,512 square feet, more or less. GRANT ' In Favor of: Hawaii Electric Light Company, Inc., a Hawaii corporation, and Hawaiian Telephone Company, a Hawaii corporation, now known as Verizon Hawaii I Inc. Dated: Apri122, 1966 Book: 5339 ' Page: 16 Purpose: Easement for utility pole line purposes over, under, across and through the land herein described. I Covenants, conditions, restrictions, reservations, agreements, obligations and other provisions as ' contained in: DEED ' Dated: April 13, 1978 Book: 12858 Page: 713 to which reference is hereby made, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c) 9 9 I I I I ~ fist of Surrounding Property ~ Otivners I I I 1 1 I I 1 i i 1 1 List of Tax Map Key's of Surrounding Property Owners within 300 Feet ' State Land Use District Boundary Amendment Application Change of Zoae Application Applicant: Big Island Ventures, LLC ' Agent: Steven S.C. Lim, Esq., Carlsmith Ball LLP Request: Tax Map Key: (319-5-24:08 ' The following tax map keys are within the 300 feet from the perimeter of the subject property. Attached is a list of the TAX MAP KEY, LANDOWNER AND MAILING ADDRESS of the ' above listed properties on file with the Department of Finance, Real Property Tax Division as required by Section 25-2-4(c). 9-5-08:01 9-5-21:23 9-5-24:16 9-5-25:03 ' 9-5-09:01 9-5-24:07 9-5-24:17 9-5-25:04 9-5-09:03 9-5-24:08 9-5-24:18 9-5-25:05 ' 9-5-09:04 9-5-24:09 9-5-24:33 9-5-25:06 ' 4-5-09:14 4-5-24:10 4-5-24:34 4-5-25:07 9-5-09:17 9-5-24:11 9-5-24:35 9-5-25:08 ' 9-5-09:18 9-5-24:12 9-5-24:76 9-5-25:35 ' 9-5-09:26 9-5-24:13 9-5-24:77 9-5-25:36 9-5-21:02 9-5-24:14 9-5-24:78 ' 9-5-21:21 9-5-24:15 9-5-25:02 ' x839-9752-7041.1 1 ' LIST OF SURROUNDING PROPERTY OWNERS 300 FEET FROM TMK: (3) 9-5-24:08 BIG ISLAND VENTURES, LLC ' TMK Owner Mailing Address ' 9-5-08:01 EWM Investments LLC 2116 Redbird Drive Las Ve as, NV 89134 ' 9-5-09:01 L A Services Inc., etal c/o Alonzo Benjamin P.O. Box 335 Keaau, Hawaii 96749 9-5-09:03 The Bay Clinic Inc. Attn: D Delos Santos 331 Kalanianaole Avenue Hilo, Hawaii 96720 ' 9-5-09:04 Hugh Murakawa Trust, etal 87-711 Kaukama Rd Waianae, Hawaii 96792 9-5-09:04 Sheny Chang, etal 1145 3rd Avenue Honolulu, Hawaii 96816 9-5-09:14 Steve Oyama, etal P.O. Box 211 Naalehu, Hawaii 96772 ' 9-5-09:17 Diego Family Trust c/o Monika Mallick 469 N. Doheny Drive Beverl Hills, CA 90210 t 9-5-09:18 Laura Wong P.O. Box 205 Sausalito, CA 94966 ' 9-5-09:26 Various Owners No address available 9-5-21:02 Steve Oyama, etal P.O. Box 211 Naalehu, Hawaii 96772 ' 9-5-21:21 County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 9-5-21:23 Mauna Kea Agribusiness Co. c/o Sea Brewer & Co. LTD P.O. Box 1826 Pa aikou, Hawaii 96781 9-5-21:23 County of Hawaii 25 Aupuni Street ' Hilo, Hawaii 96720 9-5-24:07 Geeta Mallick 469 N. Doheny Drive Beverl Hills, CA 90210 ' 9-5-24:08 Philip Kenner 10105 East Cactus Road Scottsdale, AZ 85259 9-5-24:09 Mildred Andrade, etal P.O. Box 12 ' Naalehu, Hawaii 96772 9-5-24:10 Tina Edmunds P.O. Box 1008 Naalehu, Hawaii 96772 ' aaas-»ss-szoi.~ i~ i~ i i i ~ R.eal Property fax Clearance ~ ,Form I I 1 i I I I 1 1 I 1 Harry Kim ,a;r,?!,M~ William Takaba • Mayor Finance Director Nancy E Crawford Deputy ~•1 Oi~M•~' ' County of Hawaii I DEPARTMENT OF FINANCE -REAL PROPERTY TAX 101 Pauahi Street, Suitc 4 • Hilo, Hawaii 96720-4224 Fax (808) 961-8415 Appraisers (808) 961-8354 Clerical (808) 961-8201 • Collections (808) 961-8282 75.5706 Kuakini Highway • Suite 112 • Kailua•Kona, Hawaii 96740 Fax (808) 327-3538 Appraisers (808) 327-3542 Clerical (808) 327-3540 ' REAL PROPERTY TAX CLEARANCE (rev. 07/99) I November 6, 2006 ' TMK(s): (3) 9-5-024-008 (Owner -Philip A. Kenner) This is to certify that the real property taxes due to the County of Hawaii on the ' parcel(s) listed above have been paid up to and including December 31, 2006. This clearance was requested on behalf of Carlsmith Ball for the County Planning ' Department and is issued for this/these parcel(s) only. By Alma Yano, Tax Collecti6n'Asst. REAL PROPERTY TAX DIVISION 1 ' Hawaii County is an Equal Opportunity Employer and Provider I I I I Request of "No effect" I Letter to State DL.TI'R 3-fistoric Preservation Division I I I I I CARLSMITH BALL LLP A LI`.I(TEO LIA8IUTY LAW PARTNERSFSIP 121 4V ~4ANCENCE AVE~iCE P.O. Box 686 HILO, HAWAII 967.1-0636 TELECFi(1YE 806.935.664.4 FAr 808.935.7975 N W LV.CARLShI1T1-LCOht ' SllMd•CARLSMITH.COM OCR REFERENCE NO.: 05850)-Ol ' November 6, 200b { Ms. Melanie A. Chinen, Administrator State Historic Preservation Division ' 601 Kamokila Blvd. #SSS Kapolei, Hawaii 9b707 Re: Request for No Effect" determination for a Change of Zone Application Applicant: Big Isle Ventures, LLC Tax May Kev: f319-5-24:08 Dear Ms. Chinen: On behalf of Big Isle Ventures, LLC, the ("Applicant") we are requesting a "No Effect" determination letter for the above-mentioned parcel. The Applicant will be submitting a Change of Zone application from Single Family Residential (RS-7.5) to Commercial Village (CV-7.5) to allow for a business office. The property is a fully developed (single-family residence and accessory uses) 17,382 square-foot property located at the comer of Kukui Road and Mamalahoa Highway in Naalehu Town in the Kau District and identified by Tax Map Key No. (3) 9-5-24:08. Based on our preliminary research, the Property is not listed on the Federal and State Register of Historic Sites nor is the Property listed in the County of Hawaii General Plan Historical Elements. Since the property is fully developed and has been in residential use since 1931 with an existing single-family residence, there are no observable traditional and customary native Hawaiian practices being exercised on the Property. In addition, no valued cultural, historical or natLtral resources were found or being practiced on the Property and these rights will not be affected or impaired by the proposed use. HONOLULO ~ K:FPOLEI HILO ~ KONA ~ MAUI ~ GUA.N SAIPAN LOS .\NGELCS Ms. Melanie A. Chinen, Administrator I November 6, 2006 Page 2 Based on the foregoing, we believe that a determination of "no historic properties affected" is appropriate for the proposed project. Should you have any questions regarding this matter, please do not hesitate to call our office at 935-6644. Thank you for your assistance in this matter. Respectfillly submitted, ' Steven S<C. m SSL/slkl I cc: Big Isle Ventures, LLC 4848.5061-7601.1.058504-00001 i 1 1 t i i 1 I County Environmental Report ' CHANGE OF ZONE APPLICATION Portion of Naalehu Subdivision, 3rd Series, Poupouwela & Kawala ' District of Kau, County of Hawaii, Island of Hawaii TMK:(3) 9-5-24:08 I ' Prepared for: BIG ISLE VENTURES, LLC 1 Prepared by: ' Steven S.C. Lim, Esq. Carlsmith Ball LLP 121 Waianuenue Avenue ' Hilo, Hawaii 96720 Telephone: 808.935.6644 ' NOVEMBER 2006 1 ' TABLE OF CONTENTS Page I 1. INTRODUCTION - 1 - ' 1.1 SUMMARY OF REQUEST - 1 - 1.2 PROJECT LOCATION - 1 - I 1.3 PROJECT OBJECTIVE - 1 - 1.4 EXISTING LAND USE - 2 - I 1.5 PROJECT TIMETABLE - 2 - 2. REGULATORY CONSIDERATIONS - 3 - 2.1 Existing Land Use Designations - 3 - 2.2 Conformance with Land Use Designations - 3 - ' 2.2.1 State Land Use - 3 - 2.2.2 County General Plan - 3 - 2.2.3 County Zoning - 3 - 2.2.4 Special Management Area - 3 - 3. ENVIRONMENTAL CONSIDERATION, CHARACTERISTICS AND 1 ANTICIPATED IMPACTS OF THE PROPOSED PROJECT - 4 - ' 3.1 GENERAL DESCRIPTION - 4 - 3.2 PHYSICAL ENVIRONMENT - 4 - I 3.2.1 Geology, Physiography and Climate - 4 - 3.2.2 Soils and Agricultural Potential - 4 - 3.2.3 Flora and Fauna - 5 - 3.2.4 Air and Noise Quality - 5 - 3.2.5 Scenic and Visual Resources - 6 - 3.3 INFRASTRUCTURE CONSIDERATIONS - 6 - I 3.3.1 Vehicular Circulation/Traffic - 6 - 3.3.2 Schools - 6 - ' 3.3.3 Parks and Recreation - 7 - 3.3.4 Medical Services - 7 - ' 3.3.5 Police and Fire Protection Services - 7 - 3.3.6 Water System - 7 - ' 3.3.7 Drainage - 7 - -i- I i~ ' TABLE OF CONTENTS (continued) Page 3.3.8 Sewerage System - 8 - I 3.3.9 Solid Waste Disposal - 8 - 3.3.10 Electrical, Telephone, and Cable Services - 8 - I 3.4 CULTURAL RESOURCES - 8 - 3.4.1 Ka Pa'akai O Ka'aina Issues - 8 - I 3.4.2 Historic and Archaeological Site - 9 - 4. ENVIRONMENTAL ASSESSMENT AND ANALYSIS - 10 - I 4.1 RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES OF THE ENVIRONMENT AND THE MAINTENANCE AND I ENHANCEMENT OF LONG-TERM PRODUCTIVITY - 10 - 4.2 Irreversible and Irretrievable Commitment of Resources - 10 - 4.3 Mitigative Measures - 10 - 4.4 Alternative to the Proposed Project - 11 - I 4.4.1 No Action Alternative - 11 - 4.4.2 Alternative Use - 11 - ' 4.4.3 Evaluation of Alternatives - 11 - 5. REGULATORY ANALYSIS - 12 - I 5.1 General Plan LUPAG Map - 12 - 5.2 General Plan Polices - 12 - 6. DISCUSSION AND CONCLUSION - 14 - I 6.1 Zoning - 14 - 6.2 Hawaii State Plan - 14 - 6.3 Hawaii Coastal Zone Management Program - 15 - I I I -ii- I ~ Section 1 I I I I i I I I I i~ . Big Isle Ventures, LLC Environmental Report -Change of Zone Application 1. INTRODUCTION 1.1 SUMMARY OF REQUEST I Big Isle Ventures, LLC, hereinafter referred to as the "Applicant" is seeking a Change of Zone from Single Family Residential (RS-7.5) to Commercial Village (CV-7.5) to allow for a business office hereinafter I referred to as the "Project". Philip A. Kenner is the fee owner of the Property. A Letter of Authorization from the Owner is attached to the Application to allow Carlsmith Ball LLP to represent the Applicant on this Change of Zone Application. A copy of the deed recorded with the Bureau of ' Conveyances on September 23, 2005 as Document No. 2005-193259 showing ownership has also been included as part of this Application and is attached as Exhibit 1. ' 1.2 PROJECT LOCATION ' The subject property is a 17,382 squaze-foot property located at the corner of Kukui Road and Mamalahoa Highway in Naalehu Town in the Kau District and further identified as Tax Map Key No. (3) 9-5-24:008, ' hereinafter referred to as the "Property." A Site Location Map and Tax Map Key Map aze shown in Exhibits 2 and 3. Site photographs of the I existing structure on the property, property access and roadway frontage are shown in Exhibits 4, 5 and 6. 1.3 PROJECT OBJECTIVE I The Applicant intends to develop the Property to allow for a business office which is intended to help meet the growing demand for commercial ' use in the Naalehu Town azea. The Project offers the advantage of being adjacent to existing ' infrastructure and supportive public facilities. The Applicant plans minimal site changes and intends to use the existing structure for a I business office. The current structure and its landscaping are consistent with the surrounding properties and the visual nature of the Kau area and the Naalehu Town. In addition, the planned use is consistent with various land use regulation and the adjacent and surrounding properties and will be I further discussed in Section 2.2 of this report. I ' -1- Big Isle Ventures, LLC Environmental Report -Change of Zone Application This County Environmental Report has been prepared according to the ' requirements of Section 25-2-42 of the Hawaii County Code, and has been prepared in support of the Change of Zone Application for the Project. ' 1.4 EXISTING LAND USE I There is an existing single-family dwelling on the Property, shown in Exhibits 4, 5 and 6. Land uses in the immediate azea consists of residential (RS-7.5) and commercial village (CV-7.5 and CV-10). Located adjacent to the east of the Property are two commercial village properties zoned CV-7.5. Situated to the east and across Mamalahoa Highway is ' the Kau Family Health Center, zoned CV-10 and shown in Exhibit 7, also located adjacent to the east of the Kau Family Health Center is Naalehu School. To the South and directly across Mamalahoa Highway is Keoki's Cafe and a Union 76 gas service station which is shown in Exhibits 8 and 9 respectively. These properties are zoned CV-10. Located adjacent to the west and north are residential properties zoned RS-7.5. 1.5 PROJECT TIMETABLE ' As noted in Section 1.3 of this report, the Applicant intends to use the existing structure located on the Property to meet the growing demands for commercial uses in the Naalehu area. The Applicant intends to make ' building renovations to the extent necessary and required to begin operations within two (2) months of the approved application. I ' -2- I I I I 1 Section 2 I I I 1 1 I I 1 I I 1 I I Big Isle Ventures, LLC Environmental Report -Change of Zone Application 2. REGULATORY CONSIDERATIONS ' 2.1 EXISTING LAND USE DESIGNATIONS State Land Use Urban District Hawaii County General Plan Medium Density Urban Hawaii County Zoning Residential (RS-7.5) Special Management Area Outside SMA area 2.2 CONFORMANCE WITH LAND USE DESIGNATIONS ' 2.2.1 State Land Use The subject property is designated Urban. The proposed change of zone from RS-7.5 to CV-7.5 is consistent with the Urban district designation and a State Land Use Map is shown as Exhibit 10. ' 2.2.2 County General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the site as Medium Density Urban. The proposed change of zone from RS-7.5 to CV-7.5 is consistent with ' the LUPAG map and is shown as Exhibit 11. 2.2.3 County Zoning The County zoning of the requested area is RS-7.5. Assuming the requested CV-7.5 is approved, all related land use and ' development codes such as parking, landscaping, fire, ADA and the like would be adhered to by the Applicant. A County Zoning Map is shown as Exhibit 12. 2.2.4 Special Management Area ' The site is not located within the County Special Management Area. No SMA Use Permit is required. ' -3- i ~ Section 3 1 t 1 1 I r i i t i ' Big Isle Ventures, LLC ' Environmental Report -Change of Zone Application 3. ENVIRONMENTAL CONSIDERATION, CHARACTERISTICS AND ' ANTICIPATED IMPACTS OF THE PROPOSED PROJECT 3.1 GENERAL DESCRIPTION The property is a square shaped 17,382 square-foot parcel located at the corner of Kukui Road and Mamalahoa Highway in Naalehu and further identified by TMK (3)9-5-24:008. The parcel is flat with an existing ' structure and mature landscaping. A photograph of the property is shown in Exhibit 4. ' 3.2 PHYSICAL ENVIRONMENT ' 3.2.1 Geology, Physiography and Climate The Property is located at approximately 700-foot elevation above mean sea level, with no noticeable slope. Winds in the area are often light and variable, dominated by local land-sea breezes. However, Kona storms in the winter season can bring very strong ' winds from the south or southwest for brief periods. Average daily temperatures range from a minimum of 61 degrees Fahrenheit to a maximum of 79 degrees Fahrenheit. Annual rainfall averages approximately 45-50 inches. 3.2.2 Soils and Agricultural Potential ' Soils in Hawaii are commonly rated in terms of three classifications systems: (1) Detailed Land Classifications, (2) Soil Survey, and (3) ' Agricultural Lands of Importance to the State of Hawaii, which systems are discussed below. f Detailed Land Classification. Based on the productivity rating system from the Land Study Bureau's 1967 Detailed Land Classifications, Island of Hawaii (Baker et. a1.1965), where "B" ' represents the highest rating and "E" the lowest, the soils within the Project site consist of "U" (Urban classification) soils. None of the subject lands are categorized as "A", or "B" soils, which are ' considered important for agricultural purposes under Hawaii Revised Statutes Chapter 205 (State Land Use Law). ' Soil Survey. Soils on the site are identified by the Soil Survey of the Island of Hawaii (USDA-SCS 1973) as Naalehu silty clay loam, as described below. ' NaC Naalehu silty clay loam, with 0 to 10 percent slopes. This soil is similar to Naalehu silty clay loam, 10 to 20 percent ' slopes, except that the slopes are less steep. Runoff is slow, ' -4- ' Big Isle Ventures, LLC ' Environmental Report -Change of Zone Application and the erosion hazard is slight. Included in mapping are ' small areas that have steep slopes. This soil is used mostly for sugarcane. Small areas are used for pasture. ' A¢ricultural Lands of Importance to the State of Hawaii. The Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system identifies three types of agricultural lands, ' based on characteristics such as soil quality, growing season and moisture supply. The three classifications used are prime, unique, and other important lands. None of the land within the Project site 1 is designated as "prime° or "unique" or "other important" agricultural lands, by the ALISH classification system. ' Agriculture Potential. Due to small size of the project site and the existing use of the property as a residential site, the agricultural potential of the Property is expected to be insignificant. ' Development of the Property will result in maintaining the current structures located on the parcel and allow the underlying zoning to conform to its proposed use of a commercial project. The parcel is ' not significant for any agriculture potential and the surrounding properties and urban uses would not allow significant agricultural use. In addition, current land use regulatory guides designates the ' area as urban use. 3.2.3 Flora and Fauna Flora. No formal flora and fauna surveys were conducted on the Property as the Property has been cleared with an existing ' single-family residential dwelling. No plant species listed by the U.S. Fish & Wildlife Services as threatened or endangered, proposed, or a candidate species or "species of concern" occur on ' the Project site or immediate vicinity. Fauna. Known fauna within the Project site consists predominantly of lowland urban birds such as common mynah, house sparrow, and house finch. None of the species are rare or endangered. 3.2.4 Air and Noise Quality Air Quality. Generally, air quality is affected by regional and local climates, together with the amount and type of human activity in a given location. No large, stationery sources of air pollutants and ' no major industries that would contribute to air pollution are proposed or planned within the Project area. ' -5- • Big Isle Ventures, LLC Environmental Report -Change of Zone Application ' Air quality in the Project vicinity is most affected by emissions from ' natural and vehicular sources. The dominant factor for the past several years has been the volcanic haze (vog) from Kilauea Volcano. Another natural source of air pollution that may affect the air-quality at the site is windblown dust. Although there is little air quality monitoring data currently available for the area, it appears that both State and Federal ambient air quality standards ' are currently being met, despite the persistent vog. The proposed Project will not significantly add to current air quality levels. ' Noise Quality. Because there is residential development and commercial uses adjacent to and in the vicinity of the Project area, existing background ambient noise levels within the Project site aze ' similar to levels in other residential areas of the Naalehu Town and surrounding area. Noise levels in the Project azea are primarily influenced by the traffic on Mamalahoa Highway. The gas station ' located directly across the Project Site and shown in Exhibit 8 is a constant contributor to significant noise pollution between the hours of 5:00 a.m. and 10:00 p.m., and significant light pollution in the twilight operating hours. The adjacent gift shop and restaurant shown in Exhibit 9 are also contributors to local commercial activity. The proposed project will not significantly add to current noise levels. 3.2.5 Scenic and Visual Resources ' In the Natural Beauty element of the General Plan, there are sites or areas listed as scenic resources. The subject site is not listed as a scenic site and the proposed action will have no adverse effect on the existing scenic and visual resources of the Naalehu Town area. 3.3 INFRASTRUCTURE CONSIDERATIONS 3.3.1 Vehicular Circulation/Traffic ' The major roadways serving Naalehu Town azea include the Mamalahoa Highway. Access to the Project will be from Mamalahoa Highway. Access to the Property is shown in Exhibit 5 and 6 and no closure or rerouting of existing public traffic lanes aze anticipated. 3.3.2 Schools ' Naalehu School is to the east and across the street from the Project area. The Project will have no effect on the demand for education services in the region. ' -6- ¦ Big Isle Ventures, LLC ' Environmental Report -Change of Zone Application 3.3.3 Parks and Recreation ' County park facilities in the area includes Naalehu Park which is located across the street and to the west from the Project site. Approximately five miles to the east from the Project area is Honuapo Park and Whittington Beach County Park. There is no need for additional park and recreational facilities in the area. The ' project will have no impact to the park facilities in the area. 3.3.4 Medical Services The nearest hospital is the Ka'u Hospital which is approximately 12.5 miles from the Project azea. The proposed project is not ' anticipated to have impact on the medical services in the area. 3.3.5 Police and Fire Protection Services ' The main police station for the Naalehu Town azea is located less than two miles from the Project area. The proposed project is not anticipated to have significant impact on the current Police and Fire protection services in the area. 3.3.6 Water System ' The existing County water system is located on Mamalahoa Highway, fronting the property along the highway. The existing structure currently receives water services and the proposed Project will not require additional water commitments or ' anticipated to have significant impact on the current water system in the area. 3.3.7 Drainage The Project area is within the County Department of Public Works, FEMA designation of "Zone X". Additionally, no natural drainage ' features aze found on site. Because the land and soil are well drained, floods due to rainwater and surface runoff across the ' property are unlikely to occur if County regulations pertaining to drainage and flood control are adhered to. There aze no other year-round streams, major drainage ways, or other surface water ' features on the property. As stated previously, the predominant soil type is highly permeable and allows much of the rainfall to percolate into the ground; thus surface runoff is negligible. The ' proposed Project is not anticipated to increase surface runoff and all Project generated runoff will continue its natural course so as not to impact makai properties. -7- Big Isle Ventures, LLC ' Environmental Report -Change of Zone Application 3.3.8 Sewerage System The Project is currently equipped with its own individual wastewater systems for the property that complies with the State Department of Health requirements. 3.3.9 Solid Waste Disposal I The proposed Project will generate solid waste, which will be collected by commercial haulers and disposed of at the County landfill at Waiohinu. Because the Project will not cause a change in the amount and manner of collection and disposal, and because there is ample capacity at the County landfill to accommodate the projected waste generated from the Project, no adverse impacts are expected relative to solid waste disposal. 3.3.10 Electrical, Telephone, and Cable Services Electrical Power. The Project site is currently receiving electrical power service by Hawaii Electric Light Company (HELLO). Given the limited size of the Project development and the utility's existing and projected reserve capacity, the projected power demands for the Project will not have an impact on the utility's ability to meet the growing demands in the area. Teleohone and Cable Service. Hawaiian Telcom provides telephone and other telecommunication services to the Naalehu Town area and the rest of the island. As with electrical demands, given the limited size of the Project development and the utility's existing and projected capacity, the projected demands for telecommunications services for the Project will not have an impact on the utility's ability to meet the growing demands in the area. 3.4 CULTURAL RESOURCES 3.4.1 Ka Pa'akai O Ka'aina Issues I Based on the findings of the historical record of the Property, the Applicant presents the following statements in response with the requirements of the Hawaii State Supreme Court's criteria in the ' Ka Pa'akai O Ka'aina case. (a) The identity and scope of "valued cultural, historical, or natural ' resources" in the petition area, including the extent to which traditional and customary native Hawaiian rights are exercised in the petition area: I -8- I Big Isle Ventures, LLC ' Environmental Report -Change of Zone Application Discussion: There are no historical sites listed on the Federal and State Register of Historic Sites nor are any historical sites listed in the County of Hawaii General Plan Historical Element. Since the Property is fully developed with the existing single-family residence, there are no observable traditional and customary native Hawaiian practices being exercised on the Property. ' (b) The extent to which those resources -including traditional and customary native Hawaiian rights -will be affected or impaired by the proposed action; and Discussion: As no valued cultural, historical or natural resources and no traditional and customary native Hawaiian rights were ' found or being practiced in the Project site, these rights will not be affected or impaired by the proposed use. ' (c) The feasible action, if any, to be taken by the Planning Commission to reasonably protect native Hawaiian rights if they are found to exist. I Discussion: There is no feasible action to be taken by the Planning Commission other than to require that if in the future, I any valued cultural, historical, natural resources and/or traditional and customary native Hawaiian rights are discovered in the Project site, the Applicant will report the discovery to the State ' of Hawaii, Department of Land and Natural Resources, Historic Preservation Division for review. 3.4.2 Historic and Archaeological Sites As the site has been cleared and in residential use, no ' commissioned archaeological survey of the site was conducted. The former use makes it less likely to find any archaeological features on the site. Nonetheless, during the course of improving the site, should any unanticipated archaeological features or sites be uncovered, work will cease and the Applicant will immediately notify the Planning Department. I I -9- i~ i i i i ~ Section 4 I f I I I f I I I I I I Big Isle Ventures, LLC I Environmental Report -Change of Zone Application 4. ENVIRONMENTAL ASSESSMENT AND ANALYSIS I 4.1 RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES OF THE ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT I OF LONG-TERM PRODUCTIVITY The short-term residential use of the site will continue until the proposed I change of zone is approved. The use of the site will transition into commercial use upon approval of the application. I This project should not result in any significantly adverse short or long- term impacts that cannot be properly mitigated. There will be direct and indirect 'economic benefits resulting from the implementation of this I project. The project will generate increased tax revenues that can supplement the State and County's fiscal resources. I Because of its location, this project will provide a service that can be made reasonably accessible relatively quickly to the immediate area. 4.2 IRREVERSIBLE AND IRRETRIEVABLE COMMITMENT OF RESOURCES I Due to the existing use of the Property and its current use, the commitment of natural or other resources (such as botanical and avifaunal) would appear to be insignificant. Other irreversible and ' irretrievable commitment of resources has already been institutionalized through County, State and Federal regulations, codes, laws and ordinances. ' 4.3 MITIGATIVE MEASURES ' As noted in Section 1.3, the applicant has the advantage of being adjacent to existing infrastructure and supportive public facilities. The Applicant plans minimal site changes and intends to use the existing structure for a business office. This measure will insure minimal adverse impacts to traffic, environmental concerns and surrounding properties. The current structure and its landscaping are consistent I with the surrounding properties and the visual nature of the Kau area and the Naalehu Town. I If any inadvertent archaeological discoveries are made during any phase of this project, the Planning Department will be notified and appropriate mitigation will be taken before work is resumed. I 4.4 Alternative to the Proposed Project I -10- i= . Big Isle Ventures, LLC ' Environmental Report -Change of Zone Application An exploration and evaluation of the environmental impacts of all ' reasonable alternative actions, particularly those that might enhance environmental quality, avoid or reduce adverse environmental impacts, costs and risks, was performed in order to assess option that might ' enhance environmental quality and cause fewer detrimental effects. A discussion of these alternatives follows: 4.4.1 No Action Alternative The "no action" alternative will result in no physical change to the Property. The land will remain unaltered. This alternative will not allow the objectives of the regional plan to be achieved and would deny the public the soci-economic benefits associated with the ' Project. There is a growing demand for commercial spaces in Naalehu area and under the "no action" alternative; the commercial and business uses that would be provided through the I Project will not be available. No sources of income will be brought to the owner and consequently no increase in government revenues from higher property taxes will be realized. ¦ 4.4.2 Alternative Use The current zoning for the property is Single-Family Residential (RS-7.5). The Project, based on its location and proximity to other t commercial areas is not well suited for residential use. f Another alternative would be to utilize this site for a denser residential project. While that would still be consistent with the General Plan LUPAG's map Medium Density designation, it may not be feasible, given the need for off-site infrastructure improvements, such as road and wastewater. ' 4.4.3 Evauuaion of Alternatives ' Leaving the property in its current state would not allow the applicant to realize increase income. There would also be diminished tax revenues and less services to the public in the I Naalehu area. This request is consistent with the State Land Use designation and ' the County General Plan LUPAG Map. I -11- I ~ Section 5 I I 1 f 1 I 1 I I 1 1 1 I Big Isle Ventures, LLC I Environmental Report -Change of Zone Application 5. REGULATORY ANALYSIS I 5.1 GENERAL PLAN LUPAG MAP I The General Plan provides for the long-range comprehensive development of the Island of Hawaii. It provides direction for balanced growth in the County. ' The LUPAG map designated the site Medium Density, a designation that allows the requested CV-7.5 zoning. Accordingly, this request would be ' consistent with the LUPAG Map. 5.2 GENERAL PLAN POLICES ' The requested zoning would be consistent with the goals, policies and standards of the Economic and Land Use Elements of the General Plan. ' Specifically, the more pertinent ones follow: Economic Element ' Goals ' Provide residents with opportunities to improve their quality of life. * Economic development and improvement shall be in balance with ' the physical and social environments of the Island of Hawaii. * The County of Hawaii shall strive for diversity and stability in its ' economic system. * The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are ' compatible with the County's natural and social environment. Policies ' The County shall strive for an economic climate which provides its residents an opportunity for choice of occupation. ' The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. ' Land Use Element (Commercial) ' Goals * Provide for commercial developments that maximize convenience to it users. ' -12- I Big Isle Ventures, LLC I Environmental Report -Change of Zone Application * Provide commercial developments that complement the overall I pattern of transportation and land usage within the island's regions, communities, and neighborhoods. Policies * Commercial facilities shall be developed in areas adequately served I by necessary services, such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a I localized program of public and private capital improvements to meet the expected increased needs. I Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. * The development of commercial facilities should be designed to fit into the locale with minimum intrusion while providing the desired services. Appropriate infrastructure and design controls shall be incorporated into the review of such development. Standards * Commercial development shall be located in areas adequately served by transportation, utilities, and amenities. Commercial I developments shall provide for adequate internal circulation amongst commercial facilities in the area. I Off-street parking and loading facilities shall be provided. * Commercial development shall maintain or improve the quality of I the present environment through the consideration of visual, access, landscaping, and other design elements in their development. I Preference shall be given to commercial lands with a reasonably level topography. I I 1 ' -13- i~ i i i ~ Section 6 1 I I I I 1 I I I 1 I ' Big Isle Ventures, LLC Environmental Report -Change of Zone Application 6. DISCUSSION AND CONCLUSION ' If approved, the project would provide needed commercial opportunities in Naalehu Town and the Kau district. Its location is ideal to service the ' community and is adjacent to ongoing commercial uses. All required infrastructure is in place and would require minimal ' modification and if development of infrastructure is required it would be provided by the applicant without taxing government's servicing ability. ' The site has limited on-site developmental constraints. As the corner pazcel, the subject site has defined boundaries on two of the four sides of the parcel. Due to its current residential use, archaeological, floral, or ' faunal concerns should be insignificant. Although there may be a potential for some endemic birds to visit this area, the development of this site would not remove a critical habitat and due to its current residential use alternative azeas would be more suitable for any habitats. ' Furthermore, if there are inadvertent archaeological features found on the site, work will stop and the State DLNR and County Planning ' Department will be consulted before further activities occur within the affected azea. ' 6.1 ZONING Assuming this request is approved, the site would be use for office use. ' If required, all structures and improvements would be developed consistent with the Zoning and Building Code. No variance from the Code is anticipated. ' 6.2 HAWAII STATE PLAN ' Chapter 226, Hawaii Revised Statutes, outlines the long-range goals and policies of the Hawaii State Plan. The Plan is intended to serve as a guide for the growth and future long-range development of the State. ' Pursuant to the Plan, a discussion of the pertinent policies and goals and the project's relationship follows: ' Goals ' 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 generation; ' -14- Big Isle Ventures, LLC ' ~ Environmental Report -Change of Zone Application A desired physical environment characterized by beauty, I cleanliness, quiet, stable and natural systems, and uniqueness that enhances the mental and physical well-being of the people Physical, social and economic well-being for individuals and families that nourishes a sense of community responsibility and caring of participation in family life. I Discussion ' The proposed project would achieve these goals and would provide both direct and indirect employment opportunities for current and future residents of the island; contribute to the island's overall tax base thereby ' increasing both State and County revenues; and complementing and supporting other economic uses and in turn, contributing to the stability, diversity, and growth of local and regional economies. I This employment opportunity would come without adversely affecting the environment. There is no know wildlife or plant life listed as either ' endangered or threatened on the subject site. Due to it current use the likelihood of finding archaeological features on the site is remote. Impacts to the surrounding azeas would be insignificant. All required infrastructure is in place including traffic improvements, wastewater and potable water system. Any required improvements will be undertaken by ' the applicant at no cost to tax payers. Furthermore, the retention of the landscape existing on the property ' would be maintained. 6.3 HAWAII COASTAL ZONE MANAGEMENT PROGRAM ' The objectives of the Hawaii Coastal Zone Management (CZMJ Program are outline in Chapter 205a, Hawaii Revised Statutes. The principal goal ' is to assure the protection and maintenance of the State's coastal resources. Although the entire State falls within the CZM area, the permitting process is geazed for those areas proximate to the coast and ' identified by the County as the Special Management Area. Nonetheless, a general review of a project's consistency to the CZM policies - regardless of its location -must still be made. t In that regard, please note the following: I As discussed in Sections 3, 4 and 5 of this report, the proposed project will not have any substantial adverse environmental or ecological effect. 1 -15- . Big Isle Ventures, LLC I Environmental Report -Change of Zone Application The proposed project would be consistent with the objectives of the ' CZM program, specifically: - There would be no impact to the area's recreational resources. This is not a shoreline property; - Because of it historical agricultural use, the project site should ' not have any remaining historical resources. As discussed in Section 3.4.2 of this report no archaeological features are present and any findings would be appropriately mitigated; ' -The project will not affect any scenic and open space resources; ' -The coastal ecosystem will not be impacted; - There will be more employment opportunities, and furthering the economic use of the site; - The site is more than a mile from the shoreline and there would ' be no coastal hazard or beach erosion or mazine resource impacts. - Public pazticipation will be achieved through the hearings on this ' request. * The proposed development is consistent with the State Land Use, ' County General Plan and other appropriate regulatory tools, such as the Zoning Code. 1 ' 4847-4712-7041.1.058504-00001 ' -16- ~ ~x~ii6its I i 1 I 1 1 1 I 1 I 1 I I , a~ it I R-879 STATE OF HAWAII I ~ ~ BUREAU OF CONVEYANCES RECORDED SEP 23, 2005 08:02 AM Doe No(a)2005.193259 f~'ryI rypII II 'p1 IIII I Y I ~III,I~III~~III~~I~Il~I1~IlA~ RE01 TRAR OF CONVEYANCES 11119999 II1111118H99991 flflflfl 11111'1111 CTax(t0):5450.00 20 213 Z2 i AFTER RECORDATION, RETURN BY: MAIL PICK UP ( ) L~S~ ~"+II LIP t~- p r~.tr ~ 4/(~700A- ?o os ~ ORIGINAL ~~c.~ z~3a 55i C~~~[/ T' ~ g~s9 TOTAL PAGES: 9 TITLE OF DOCUMENT: WARRANTY DEED PARTIES TO DOCUMENT: I GRANTOR: Geeta A. Mallick, single, P. O. Box 47, Papaikou, Hawaii 96781 I GRANTEE: Philip A. Kenner, a married man, as tenant in severalty, ~ ~e70s 1`'~fi4s East Cactus Road, Scottsdale, Arizona 85259 PROPERTY DESCRIPTION: I Lot 170-A, area 17,382 square feet, LIBER/PAGE: Naalehu Subdivision, Third Series, DOCUMENT NO.: 2004-220627 I Poupouwela and Kowala, District TRANSFER CERTIFICATE of Ka'u, Island and County of Hawaii, OF TITLE NO.: State of Hawaii I TMK: (3) 9-5-024-008 I I I EXHIBIT 1 i. i' ~ I WARRANTY DEED I KNOW ALL MEN BY THESE PRESENTS: That GEETA A. MALLICK, single, whose mailing address is P. O. ' Box 47, Papaikou, Hawaii 96781, hereinafter called the "GRANTOR", for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable I consideration to the Grantor paid by PHILIP A. KENNER, a married man, whose I residence and mailing address is 10105 East Cactus Road, Scottsdale, Arizona 85259, hereinaftner called the "GRANTEE", to Chicago Deferred Exchange I Corporation, a c~.I; {-vrn~a. corporation. in connection with an exchange by the Grantor under Section 1031 of the Internal Revenue Code, does hereby grant, bargain, sell and convey unto the Grantee, by direct conveyance pursuant to an Exchange Agreement with said Chicago Deferred Exchange Corporation, all of I that certain real property more particularly described in Exhibit A attached hereto and made a part hereof, subject to the encumbrances noted therein. I TOGETHER WITH all and singular the buildings, improvements, I rights, tenements, hereditaments, easements, privileges, and appurtenances thereunto belonging or appertaining or held and enjoyed in connection therewith. I TO HAVE AND TO HOLD the same unto the said Grantee, as tenant in severalty, his assigns and his heirs, devisees, personal representatives and assigns, in fee simple forever. 2 I ~ CARLSMITH BALL LLP A LIMITED LIABILITY L.\W PART~ER$H/P t21 4VAIdNL'E~CE AVE~'L'E P.O. BOx 686 HILO, HAWAII 96721-0696 'rELEPt1C1NE 808.935.6694 FA't 908.935.7975 LV4VIV.CARLShIITH.COM 5Ll'~(d~'CARLSMITH.COM OL'R REFERENCE. NO.: U3850d-01 November 6, 2006 Ms. Melanie A. Chinen, Administrator State Historic Preservation Division 601 Kamokila Blvd. #555 Kapolei, Hawaii 96707 Re: Request for No Effect" determination for a Change of Zone Application Applicant: Big Isle Ventures, LLC Tax Man Kev: (3) 9-5-24:08 Dear Ms. Chinen: Ott behalf of Big Isle Ventures, LLC, the ("Applicant") we aze requesting a "No Effect" determination letter for the above-mentioned parcel. The Applicant will be submitting a Change of Zone application from Single Family Residential (RS-7.5) to Commercial Village (CV-7.5) to allow for a business office. The property is a fully developed (single-family residence and accessory uses) 17,382 squaze-foot property located at the corner of Kukui Road and Mamalahoa Highway in Naalehu Town in the Kau District and identified by Tax Map Key No. (3) 9-5-24:08. Based on our preliminary reseazch, the Property is not listed on the Federal and State Register of Historic Sites nor is the Property listed in the County of Hawaii General Plan Historical Elements. Since the property is fully developed and has been in residential use since 1931 with an existing single-family residence, there aze no observable traditional and customary native Hawaiian practices being exercised on the Property. In addition, no valued cultural, historical or natural resources were found or being practiced on the Property and these rights will not be affected or impaired by the proposed use. HONOLULU ~ K:\POLEI ~ HILO ~ KONA ~ MAUI ~ GUAM ~ $AIP.4N ~ LOS ANOELCS •Ms. !?telanie A. Chinen, Administrator November 6, 2006 Page 2 Based on the foregoing, we believe that a determination of "no historic properties affected" is appropriate for the proposed project. Should you have any questions regarding this matter, please do not hesitate to call our office at 935-6644. Thank you for your assistance in this matter. Respectfiil~ly submitted, ' , Steven SIC. m SSLlslkl cc: Big Isle Ventures, LLC 4848.506 I -7 601.1.05 B 504-00001 1 I~ I I AND the sajd Grantor does hereby covenant with the Grantee that ' the Grantor is lawfully seised in fee simple of said granted premises and that the said premises are free and clear of a(I encumbrances, except as aforesaid. And ' the said Grantor further covenants and agrees that the Grantor has good right to sell and convey the said premises in the manner aforesaid; that the Grantor wil! ' WARRANT AND DEFEND the same unto the Grantee against the lawful Flaims of all persons, except as aforesaid. AND Grantee acknowledges that the property is being sold in "as is" I condition as provided in that certain DROA between the parties with a reference date of ,luly 5, 2005, the terms of which are incorporated herein. IT IS MUTUALLY AGREED that the terms "Grantor" and "Grantee" as and when used hereinabove or hereinbelow shall mean and include the ' masculine or feminine, the singular or plural number, individuals, associations, trustees, or corporations, and their and each of their respective successors in I interest, heirs, executors, personal representatives, administrators, and permitted ' assigns, according to the context thereof, and that if these presents shall be signed by two or more grantors, all covenants of such parties shall be and for all purposes deemed to be joint and several. ' This Warranty Deed may be executed in one document signed by all parties or in separate counterparts which shall be counterparts hereof. If ' 3 ' 3 I r I executed in separate counterparts, all of such counterparts taken together shall I constitute one and the same document. IN WITNESS WHEREOF the Grantor and Grantee have hereunto set their hands on this o2 ~ sr day of sce't"~rn ~c v . aoy5 GEETA A. MALLICK B h~ y MONIKA MALLICK Her Attorney-in-Fact ' GRANTOR I~ HILIP A ENNER I GRANTEE P~proved Form l ~ /'9~~31as RAYMOND K. HAS GA~~ WA Attomey at Law 1 ' 4 1 i~ i STATE OF HAWAII j SS: COUNTY OF HAWAII ) Z ~ On this o20~' day of S ~ °p I before me appeared MONIKA MALLICK, to me known, who, being by me duly I sworn, did say that she is the Attorney- in-Fact for GEETA A. MALLICK, duly appointed under Power of Attomey dated January 10, 2005, recorded in the I Bureau of Conveyances, State of Hawaii, as Document No. 2 ~ ~ 5 -/93aSS that the foregoing instrument was executed in the name and behalf of said GEETA A. MALLICK by said MONIKA MALLICK as her Attomey-in-Fact; and said MONIKA MALLICK acknowledged said instrument to be the free act and deed of I said GEETA A. MALLICK. Print Name: EWPIE K. YAMA I Notary Public, State of Hawaii My CommissioGn~expires: x' Y~'tltC ' JZUOb wJ N07ARY n 2 * runic I J ~ l7 'F of ~ ' 5 I v 1 I STATE OF µ,4R~9A4A- ) ~r'E~ GT`i } ) SS: COUNTY OF fkatou-U.~t{ ) I On this 21 ~ day of 4st~Ti~113Ea- , before me personally appeared PHILIP A. KENNER, to me known to be the ` person described in and who executed the foregoing instrument, and acknowledged to me that he executed the same as his free act and deed. • '~~sit~ ~ rI~T Name: k-~z1~i G. s~~J r+~g ~•~`a NotaryPubiic,StateofRrizerra a?•?w•.t! ',,~71 • bra. ''~~i F OF 1'1~' pp\• 111/!MINI IIIIIU\\\` My Commission expires: jg H l.ri. 7.mD$ I I 6 I G i-. i I All of that ccriuin parcel of land (being a portion oC the land dcscribcd in and cu~~cred by Koval Patent Number 7326, lamd Commisxion Anard Number 7314 to Ku), being LOT 170-A of the "NAALEIiU Y SUDDIVISION, TIi112D SGRIES", situate. tying and being at Poupauwela and Kowala, Disttic( of Ka'u, I Island and County of Hawaii, State af' Hawaii, and more pxtticularty dcscribcd as f~~thn~•s: I Beginning at a spike at the Southeast comer of this parcel of land, and on the horthwcstcrly .idc of the Mamalahoa Higlraay, the coordinates of said point of beginning referred to Goy enuaent Sure ey Triangulation Station "STEIN 2" being 247.09 feet North and 2,3GR.31 feet «'cst, and running by azin:utl~, measured clockwise from hue South: 1. 77° 2G' 1 I " 49.15 feet along the Northwesterly side of the Mamalahou Highway to a pipe; Thence along Kttkui Strcet along a curve to the tight having a radius of 55.00 feet, the chord azimuth and distance being: 2. 119° 25' OS" 73.58 feet to a pipe; ` 3. 161° 24' 101.94 feet along the Easterly side of Kukui Road to a nail; Thence along the Easterly side of Kukui Road along a curve to the left having a radius of 620.00 feet, the chord azimuth and distance being: r 4. 160° 49' 20" 12.50 feet to a nail (found); 5. 257° IS' 45" 81,64 feet along Lot 171, Naalehu Subdivision, Third Series to ' a pipe; 6, 163° 53' 30" 10.00 feet along Lot 171, Naalehu Subdivision, Third Series to ' a ptPe; 7. 253° 53' 3U" 35.05 feet along Lot 171 and Lot 173, Naalehu Subdtvision, ' Third Series to a pipe; 8. 347° 2Ci l I ° 175.40 feet along Lot 170-13 to the point of begimting and ' containing an arcs of 17,382 syuarc feet, more or Icss. 7 ~ EXHIBIT A ~ ~ i . ¦ TOGETHER \VITH a noncxclusivc rood casement across Lot 170-B. to be used in conunon ilh others, ;uu~ described as follows: BC~!111111n~ at a 5~11(C al tI1C $OUQIC;ISt Ctll'nCl' (lt tlrls h;ll'CCI 01 I:In(I, and aI ilre \urtha cstcrl) >idc uC the Mamalahoa Highway, the coordinates al'said point ol'bcginnine rclcrrc(i to Go~rnuncnt Survc\ I Triangulation Station "STEIN being 247.09 feet North and 2,3G8.31 Fcct \Vcst< and nnuiing by aiunuths measured clockwise from tole South: ' 1. 167° ?(i 11" 111±.47 feet; 2 2?7° 2G' i l" 20.14 feet; ' 3. 350° Ol' 20" 153.(13 feet to a point at the Northwesterly side of the I Mamalahoa Highway; 4. 77° 2li 1 I" 12.98 feet along the Northwesterly side of the Mamalahoa ' Highway to the point of begimring and containing an area of 2,623 square feet, more or less. ' Being all of the land conveyed by: WARRANTY DEED Grantor: John S. Allen and Colleen R. Allen, husband and wife Grantee: Geeta A. Mallick, single, as Tenant in Severalty Dated: October 24, 2004 Document No.: 2004-220627 I SUBJECT, HOWEVER, TO: ' Reservation itt favor of the State of Hawaii of all mineral and metallic mines. ' A 5-foot setback for future road widening, adjacent to courses 2 and 3 over said Lot ! 70-A, as shown on Plan attached to Deed dated April 13, 1978 recorded in the Bureau of Conveyances of the State of Hawaii in Book 12858 at Page 713. 8 g ~ . ~ ~ . I ' Pole Line Easement as shown on Tax Map. A nonexclusive road easement to be used in common with others entitled and containing an area of ' 1,512 square feet, more or less. GRANT In Favor of: Hawaii Electric Light Company, lnc., a Hawaii corporation, and Hawaiian Telephone Company, a Hawaii corporation, now known as Verizon Hawaii ' [nc. Dated; Apti122, 1966 Book: 5339 ' Page: 16 Purpose: Easement for utility pole line purposes over, under, across and through the land herein described. ' Covenants, conditions, restrictions, reservations, agreements, obligations and other provisions as contained in: DEED ' Dated: April 13, 1978 Book: !2858 Page: 713 to which reference is hereby made, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent ` such covenants, conditions or restrictions violate 42 USC 3604(c) 9 9 I A B C p NA'ALEHU t See Page 67 ~ Page 66 - "m,;q to - ~ 11 ,c " ~ • - OrfnidlenF HONUAP70 u 'a a• ~c . ~f..f BC L 2 1 Homrercede - _ , y~_ r , _ _ 1 _ _ r ,°'0 3 Tlgj! 11 2 1_ - ~ f_'_____ ~ WFIMlepoe &aN Aomestead~° (a9no.Pe e.rr) vuRhb'ln.e _ NQ Bale < ~ yD n ~ .e' ~ d Yy _ _ __r_~______ ° Q _ _ _ _ ~ s Hinee. ~l _c.~___'' d aaa"fie 01 3 - ~A4ak1_ R °nFe`' nefrBe°e ~q91 © 3 ~ _ ^ Ma s Q6 U l 95-5800 1 MILE e' e Y ~~Pe'D ~ e~ z ~Z to NedrFue .g rpllQ 'Fl OS a ~ Wlger vl~ C PS C 6 Rc ~ g ~ a NA'ALEHU 4 i 1 ~ _ ~ ' - _ PROJECT LOCATION NA'ALEHU 5 r ne.lrBe 5 Mal:ino Rd ~ phei Rd O ' ~ ~ y Pakalana a O may. LokelBni R~ ~O' o gilika ~a., ' [9ielie ~ I I to =e g Be N ~ ~ ` Hw79 malah 3 N1jlyd ~9. M A `SrbW/ S Rawaii Belt~Rd ( 2_ 6 6 \ IJ ,~f/, Nerlehu m B yr ~ ~ ~ I ParA 9 noe/rAua 15lfegr ' c ~ ~ (NeefeBu .Sbd) • \ ~ S 'A QOhB 6C 6C ' A B c p EXHIBIT 2 I ' ~ i4ag~''~; I "T'~ i ....,.r`."t"`..~.,,, ~ s8t'r. `-y jt,,- iii ~ t1t k~ ~ ' `l ~ f _ O a a y ~ $ ~~(7) tTS~ p ~i ~ ? ?>V tp ~ r! `F, , fF 7 f tSt. 61~ ~k 3'2~ i..+' jf t ~R. ~ {f~l y did b P • Y~ ~ :d d. ~ [ .1r 76 ~ a ,A t I (tL. }(t;~'~~~ it ~ F i~ ~ A Ai}~e~ F + i ~ R ~ 1 it ~ I a ° j T. ~ J 1i ~ \T ~h ~ a ' t~slh1x CJ tlfe © ~ i . t} ~a ~a d a u,, . t a ~ A R ~l~~ A: , F, j ~~e : i Ili- iip ~ ; ~ I tG' OtnF m}s.~ ~ j y j , T ~ SA T} it ? 'il i 3 1 3 i <-i•^:',..'~, u Te. L f~ ~ e s I ~ t ~ ~ e lc I ~F a A t I~~j II i a ~ ' i Qb~' t ~ _ A. ~ u [ I E ~t t ~ ii A s« ; .iii tltA ~ i3 5 t I tQkt pit ©t ~ 7 ; ~ a .:f~, ~ T. _ - (k?t M ~ ~ t t to O1~ pp F?- p ;e 7 7~t~~A t~l •`A F+~~A. ih .a~~ ..I OT t ~ a I ~ i P jT t 4 M ~ ~ ~Y , ' ` _ ~ Y ~ a ~ ~o t EXHIBIT 3 i ~x, w ~ ~ ~s~,~ ~,Ats.~a _ _ 1 ~ a "~i m ~~'r~ v. T °-~~.t o~ } 1 t EXHIBIT 4 i ~ s~ ~4. _ I~y l r ~ pa . i _ ~ 1~. ~i) i® = 4 - - ~ 1 1 EXHIBIT 5 e r ~ 1r>^ 4 ~ 1R y 4 11~ '{y~ fui ~ ~1. ~ ~ ~ s R`Yq ~ V 'i ~ i _ X t~ ~ „ 4+~ ~ ~ v _ x. ,t C s e 'i ii a: ~ _ r ~,a.• whs. ~ ,w t-~ ~ ~ s. - +w~...~„ ~ ` _ _,~_~r_ - - ~---.4-- -e. _ - ` ` - .u, F a ~ _ ~ r ~ ~ 6 ~ ti~ I~ ti .g{. ~ C ~ lp l ey^; ~1 gpri/~f ' lt+f 4F ~ ~ ~ ~~y. a w, ~ T ~ ~ Sys 4 V g ~ h~ya. 1 ,y., , - ~ y ~ _ ~ s _ _4 i ~ t ; Y t j i I 1c i~~~g ~`r k{'"~" ~f ~~I fl ~ ~ ~ a^ ~ ~ ~ ~ " ? I 1 1 ' EXHIBIT 7 I ' ~t P~\ . u, t>~~ ~~a r'„. ~ a~' is .5.,,.,~,~ ~ 3 f7 c 1 s' ~ ~f t ~!N .r EXHIBIT 8 ` ¢°",'""'r'- Wye ~ ~,o-~i¢4~ i/ ~ u r~-a ti ~ t : ~ Are . * p ~ Y ' 3 I ~t~, t$ retL^ 4 b~ J g ^-S~d f ~ EXHIBIT 9 0 N I Q N N W d ~ c c N p o ' ~ U ~ ~ U ? U a ~ Q U¢ 7 M C I ~Z I I N C ' J N O ' CV L _0 K W V Q N ' W EXHIBIT 1( i~ i 0 N i d N ~ ~ ~ C C N J I ~ U N U ~ C > > N C U n °o a v a`°i t c a E o `o n 2>> o> I m f 1 j ' __-~i ':i ~L i ~ '-1 I - _4 ~4 _ ~ ~5 ~ _ i 'S ~ ~ l~ I, i sti _ _ 1 ' Q J i ~ ~ ,i 1. a ~ L ~f I ~ ~ i -4 l i ~ N ~ i ' y4 L _0 II x ` i w ' ' ' L - I '~A. 4 VJ ' W EXHIBIT I I i~ i 0 N i a N I N N ~ N N O ' N l11 ~ N N N t0 O ~ ~ U Z ~ O T C y ~ O f6 O O H l6 ~O N O O (6 O N O O N N N N N M M a 10 u'1 ~ h CO c0 U a N ~ v a a~~ Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q ' m ~ k N X _ _ t___ _ , L_~- r- - _ _ _ - c ''i _ _ O _'i N s - _ ~ _ i # _ t ~t I C , ~ t i - ' L r ~ :~-i ! It x 1, ~ ~ ~ ~ a `~A~ ~ ' EXHIBIT l2 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAV~fE~~ .,.,r, - , z_,, HILO, HAWAII ~~,,yy~~ _ DATE: N:oyerr~6er 3Q 2006 %LeIl~O~~~II~~iN. TO: Christopher J. Yuen, Planning Director FROM: D~ rtment of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 06-000054) Applicant: Big Island Ventures, LLC Request: RS-7.5 to CV-7.5 Tax Map Key: 9-5-24: 008 We have reviewed the subject application forwarded by your memo dated November 16, 2006 and offer the following comments for your consideration. All development-generated runoff shall be disposed of on 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 designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. Kukui Road is a County right-of-way of 40 feet width. The Mamalahoa Highway is under the jurisdiction of the Hawaii Department of Transportation. Based on the intended zoning, we recommend the applicant provide improvements to the entire frontage along Kukui Road consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting the approval of the Department of Public Works. The improvements shall be located within any proposed future road widening setback as established by the Planning Department. Streetlights and traffic control devices shall be installed as may be required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. Questions may be referred to Kelly Gomes of the Engineering Division at ext. 8327. EXHIBIT County of Hawaii is an Equal Opportunity Provider and Employer « R~Try !lrn B t• •p _ _ t o, DEPA1~7`IVI~NT OF.~,1{1~'~R SUPPLY COUNTY OF HAWAII fro/MpNA~~'a' 345 KEKGA NAO'A STREET, SUITE 20 HILO, HAWAI'1 96720 TELEPHONE (608) 861-8060 FAX (806) 961-6867 December 13, 2006 TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 06-000054) APPLICANT -BIG ISLAND VENTURES, LLC REQUEST: RS-7.5 TO CV-7.5 TAX MAP KEY 9-5-024:008 We have reviewed the subject application and have the following comments and conditions. Water is available from an existing 8-inch waterline within Mamalahoa Highway or from an existing 6-inch waterline within Kukui Street, both fronting the subject parcel. There is an existing 5/a-inch meter serving the subject pazcel, which is limited to a maximum daily usage of 600 gallons. Water availability in the azea, which is subject to change without notice, allows for a maximum of seven (7) units of water, at a maximum of 600 gallons per day, per unit, for each existing lot of record. As the subject pazcel was created through a previous subdivision (Subdivision Application No. 76-31), which created four (4) lots, there are currently only three (3) additional units of water available. The Department has no objection to the proposed change of zone application subject to the applicant understanding and accepting the following conditions: 1. The Department requests that the applicant submit estimated maximum daily water usage calculations, prepazed by a professional engineer licensed in the State of Hawaii, for review and approval. The water usage calculations should include the estimated peak flow in gallons per minute and the total estimated maximum daily water usage in gallons per day. Based on the water usage calculations provided above, if the existing S/N-inch meter cannot m accommodate the estimated demand, a lazger or additional meter will need to be installed and remittance of the prevailing facilities change, which is subject to change, will be required. If a = M 5/8-inch meter can accommodate the estimated demand, then the applicant may continue to utilize the existing meter. LaJ 2. The proposed zoning will require the installation of a reduced pressure type backflow prevention assembly by a licensed contractor, within five (5) feet of the meter on private property. If a lazger or additional meter is required, a back/flow prevention assembly will also be required for that ~ UUater drirc~5 rror~re~~... 0?~~9~i? The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint of discrimination, write: USDA, Director, ONice of Civil Rights, Room 326-W, Whitten Builtling, 14th and Intlependence Avenue, SW, Washington DC 20250-9410.Or call (202) 720-5964 (voice and TDD) Mr. Christopher J. Yuen, Planning Director Page 2 December 13, 2006 meter. The installation of the backflow prevention assembly(s) must be inspected and approved by the Department before water commencement of water service. 3. Subject to other agencies' requirements to construct improvements within the road right-of--way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours, ilton D. Pavao, P.E. Manager FM:sco copy- Big Island Ventures, LLC Carlsmith Ball LLP Ma~11ai1 n•IIIY r Iiul~1 nMN - - ~ OOptV Or Nq~1 4; 1~i7c ~'~~.l ~f ~ r (',n Harry Kim ~ - - - BarbS~ Bell '4 vx--+ •j'rr°'":+'' `--~ii,:,~; .',IVelson'Ho "Depu(y director (~,r~nfg n£ ~tt~uttii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 210 • Nilo, Hawaii 96720-0252 (808) 961-8083 • Fax (808) 9111-8086 MEMORANDUM Date : November 20, 2006 To : CHRISTOPHER YUEN, Planning erector From: BARBARA BELL, Directo Subject: Change of Zone Applicati n (REZ 06-000054) Applicant: Big Island Ventures, LLC Request: RS-7.5 to CV-7.5 TMK: 9-5-24:8 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WASTEWATER COMMENTS: N/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 SERVIC~E,S COMMENTS: (ly~w~.G rr~ ~2 e-I~'1.2~Y1~L~ ~A~~t', ~'~~e+&/ -~lacs~w+cc~l5 i2{,~t°~~~~ I'~6 ~~e~u~-~~er{ ~c/h~C~S64~1~ R.~/t~`I" ' ~.~,~!-C SOLID WASTECOMMENTS: f ~Vh,l ~'t?- _t ( ) No comments ( )Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. ( )Aggregates and any other constlvction/demolition waste should be responsibly reused to its fullest extent. ( )Ample and equal room should be provided for rubbish and recycling. ( ) 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. UQ 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: cc: SWD, TSS s927 Hawaii County is an equal opportunity provider and employer. EXHIBIT ~a° !F a ~,,e"~'~~F, y Barbara Bell Director Harry Kim Mayor Michael Dworslry P.E Solid Waste Division Chief ~,a x? County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aapaoi 81ree4 Roma 210 • H11o, Hawal'i %720~2s (808) %1~808i • Faz (HOS) %1-0086 June 6, 2006 SOLID WASTE MANAGEMENT PLAN Guidelines INTENT AND PURPOSE This is to establish guidelines for reviewing solid waste management plans, for which special conditions are placid on developments. The solid waste management plan will be used to: (1) encourage recyding and recyding programs, (2) predict the waste generated by the proposed development to anticipate the loading on County transfer stations, landfills and recycling fadlities, and (3) predict the additional traffic being generated because of waste and recycling transfers. REPORT The consultants report will contain the following: 1. Description of the project and the potential waste it may be generating: i.e. anatysis of antidpated waste volume and composition. This indudes waste generated during the consUvction and operational phases. Greenwastes will be included in this report for both construction grubbing and future operational landscape maintenance. 2. Description and logtion of the possible sites for waste disposal or recycling. We will not allow the use of the County transfer stations for any commercial development; commerdal development as defined under the potides of the Department of Environmental Management, Solid Waste Division. 3. Since the Department of Environmental Management promotes recyding, indicate onsite source separation facilities by waste stream; i.e. source separation bins of glass, metal, plastic, cardboard, aluminum, etc. Provide ample and equal space for rubbish and recyding. 4. Identification of the proposed disposal site and transportation methods for the various components of the waste disposal and recyding system, including the number of truck traffic and the route that trade will be using to transport the waste and recycled materials. Solid Waste Management Plan Guidelines Page 2 of 2 5. The report will include any impacts to County waste and recycling faalities, and the appropriate mitigation measures. All recommendations and mitigation measures will be addressed. 6, Description of the waste reduction component that analyzes techniques to be employed to achieve a reduction goal. 7. Analysis will be based on the highest potential use or inning of the development. REQUIREMENTS AND CONDITIONS 1. A solid waste management plan will be done for all commercial developments, as defined under the policies of the Department of Environmental Management, Solid Waste Division. 2. We will require the developer to provide or resolve all re~mmendations and mitigation measures as outlined in the report: besides any conditions placed on the applicant by the Department of Environmental Management. 3. A licensed environmental or avil engineer will draft and certify the solid waste management plan. CONCUR: j~%Y~N Barbara Bell DIRECTOR 10/13/03 Revised 06/06/06 Hawal'I County is en EqualOppoRunilyProvlder and Employer. ,r ~ LINDA LINGLE is ~'rrgti RODNEY K. HARAGA ROVE^..:^R A~~asa ? DIRECTOR tt~~^+ a - OaPUy Diredars , yl PRANGS PAUL KEENO a a BARRY FUKUNAOA ~~~1~ ~ ~ ,i ~yp~<p BRENNON T. MORIOKA ' ~ ~ ' r'~ - a~ BRIAN H. SEKIOUCHI STATE OF HAWAII IN REPLY REFER TO: DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET STP 8.2364 HONOLULU, HAWAII 96813-5097 December 22, 2006 Mr. Christopher J. Yuen Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Deaz Mr. Yuen: Subject: Big Island Ventures, LLC Change of Zone Application (REZ 06-000054) TMK: 9-5-24: 8 Thank you for requesting our review of the subject application for a change of zone from Single Family Residential (RS-7.5) to Commercial Village (CV-7.5) to allow a business office to operate out of an existing single-family dwelling. Our comments aze as follows: 1. The application seeks to convert the use of the premises from residential to commercial. The applicant will need to coordinate and submit documentation certifying that the subject driveway access to Mamalahoa Highway will meet State highway standazds for commercial operations to our Highways Hawaii District Office for our review and approval. A separate written request for a change in use of the driveway access to Mamalahoa Highway must also be submitted to the Highways Rights of Way Branch. 2. The applicant will also need to provide information on the expected business activity and discuss the impact the project generated traffic can have on Mamalahoa Highway, for our review and approval. A site plan should be provided to show the driveway configuration and the pazking area and stalls for employees and visitors. 3. Our Highways staff has requested that the County consider having the applicant pursue an access from Kukui Road instead of Mamalahoa Highway. 4. No parking will be allowed on the State highway right-of--way. All pazking accommodations for customers and employees, including ADA accessibility, should be provided on the premises. EXHIBIT Mr. Christopher J. Yuen STP 8.2364 Page 2 December 22, _2006 5. Na additional storm water dischazge from the project will be allowed onto the highway right- of-way. 6. Construction plans for any work within, adjoining or affecting the State highway must be in accordance with Hawaii State highway and AASHTO standazds, including ADA requirements, and be submitted to our Highways Division, through the Hawaii District Office, for review and approval. This shall include appropriate construction and environmental permits, e.g. NPDES, including any applicable permits from our Highways Division. Highway improvements required for this application shall be provided at no cost to the State. We appreciate the opportunity to provide comments. Very truly yours,,o ~/«rf~Go T~/ din RODNEY K. HARAGA Director of Transportation r r. ~ ^ CARLSMITH BALL LLP - - A LIMITED LIABILITY LAW PARTNERSHIP ' ~ - - ~ 121 WAIANDENUE AVENUE P.O. Box 686 HILO, HAWAII 96721-0686 TELEPHONE 808.935.6644 Fax 808.935.7975 W W W.CARLSMTTH.COM SLIM~~CARLSMITH.COM OUR REFERENCE NO.: 058504-07 January 17, 2007 HAND DELIVEEY Mr. Christopher J. Yuen, Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Re: Change of Zone Application (REZ 06-000054) Applicant: Big Isle Ventures, LLC Request: RS-7.5 to CV-7.5 Tax Man Key: (3) 9-5-24:08 Dear Mr. Yuen: This is in response to the Department of Environmental Management, Fire Department, Police Department, Department of Public Works -Engineering Division, Department or Water Supply, State Department of Health, State Department of Land and Natural Resources, and State Department of Transportation's comments relative to the above-reference application. County of Hawaii Fire Department, Police Department, State Department's of Land and Natural Resources and Department of Health These agencies have no comments to offer at this time, however, should there be a need, the Applicant will work with these agencies and adhere to any applicable rules and/or regulations required. Department of Environmental Management The proposed Project will adhere to all County and State rules and regulations during development of the Project and will, at the appropriate time, prepare and submit a Solid Was[e Management Plan in accordance with the Solid Waste Guidelines. The Applicant is currently HONOLULU KAPOLEI ~ HILO ~ KONEXHf/gIBIT GUAM1I ~ SAIPAN ~ LOS ANGELESy~ Mr. Christopher J. Yuen, Director January 17, 2007 Page 2 coordinating with the Department of Environmental Management on an necessary wastewater connections for the Project. Department of Public Works - En ineering Division All development generated runoff shall be disposed of on-site and will conform to applicable State and County regulations. All earthwork activity, including grading and grubbing of the proposed Project will conform to Chapter 10 Erosion and Sedimentation Control of the Hawaii County Code. As noted, Kukui Road is 40-foot County right-of-way, at the appropriate time and if required, the Applicant will work with the Department of Public Works to address improvements at or along Kukui Road. The Department of Public Works proposal to require curb, gutter and sidewalk improvements is not necessary at this time, as the Applicant intends to utilize the existing dwelling on the Property. Additionally, curb, gutter and sidewalk improvements would result in a loss of an existing rockwall and large trees along Kukui Road and these landscape features are recognized and known as part of the rural character that is well established in Naalehu Town. State of Hawaii Department of Transportation Upon approval of this Change of Zone request, the Applicant will its submit written request for change in use of the driveway access at Mamalahoa Highway to the State Department of Transportation and any other requirements to meet State highway standards. The DOT proposal to relocate the access to the Project to Kukui Road is not feasible. The Property, as evidenced in the metes and bound description, maintains a nonexclusive road easement for access at Mamamlahoa Highway. This access has been maintained since the structure was built in 1931. In addition, the Applicant will be unable to construct an access at Kukui Road meeting the requirements of the Hawaii County Code, Division 3, Driveway Approach Standazds, Section 22-4.9B, which states that no portion of the driveway shall be constructed within seventy-five feet of [he intersection of property lines. The Applicant will maintain its established access at Mamalahoa Highway and as mentioned above, upon approval of this Change of Zone request, the Applicant will submit its written request of change in use of the driveway to the State Department of Transportation. Department of Water Supply The Applicant will work with project engineers to submit estimated maximum daily water usage calculations and if required by the Department of Water Supply, install vazious assemblies to meet the Department's water requirements for the proposed Project. f btr. Christopher J. Yuen, Director January 17, 2007 Page 3 Thank you for allowing me to provide a response to comments received for this Projec[ and I appreciate your attention and consideration given in this matter. Respectfully submitted, Steven S.C. m SSUslkl 4834-6591-0785.1.058504-00001