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HomeMy WebLinkAboutCOM 1016.000 1996-1998 William G. Davis Stephen K. Yamashiro Managing Director Mayor Henry Cho % 1i•`` Deputy Managing Director A g'x~ (90unfV of paivall 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808)961.8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 Fax (808) 326-5663 September 29, 1998 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Proposed Street Name (SUB 6975) Keaau High School Subdivision Tax Map Key: 1-6-3:3 Change of Zone Application (REZ 91-16) Applicant: David Matsuura Request: A-20a to A-5a Tax Map Key: 1-7-13:08 Change of Zone Application (REZ 98-16) Applicant: Dr. Douglas H. Yamashita Request: RS-10 to CN-10 Tax Map Key: 2-2-23:09 State Land Use Boundary Amendment Application (SLU 98-5) Request: Agricultural to Urban Change of Zone Application (REZ 98-19) Request: A-la to RS-10 Applicant: Hawaii Island Community Development Corporation (HICDC) Tax Map Key: 1-7-17: Portion of 3 Co vin. Na. LQAV ZNCT t Rate.. 0 11 lyJ3 Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 State Land Use Boundary Amendment Application (SLU 98-4) Request: Agricultural to Urban Change of Zone Application (REZ 98-18) Request: A-la to CN-20 Applicant: Sadamu Tsubota Tax Map Key: 1-5-7:21 Proposed Street Name - Beers Road Kaauhuhu-Kahei Homesteads, North Kohala Tax Map Key: 5-5-2:1 Change of Zone Application (REZ 98-12) / Request: A-5a to CG-20 V Applicant: Hawaiian Development Corporation Tax Man Key: 7-5-3:6 and 7 As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, Stephen K. shiro Mayor LA918.MAY Enclosures cc: Planning Department ptll 31~{ Mtvw~ g Stephen K. Yamashiro May»r ''ae•or."~y~ , ~D1I1'C~~1 II~ ~ti~1TtITt PLANNING COMMISSION 25 Aupuni Saes, Room 109 • Hilo, Ha"ii %720-4252 (808) %1-8288 Fu (808) %1-%15 SEP 2 9 1998 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 98-12) Request: A-5a to CG-20 Applicant: Hawaiian Development Corporation Tax Man Key: 7-5-3:6 and 7 The Planning Commission, after a duly held public hearing on September 18, 1998, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 17.060 acres of land from Agricultural (A-5a) to General Commercial (CG-20). The property is located adjacent to and on the east side of the Crossroads project, approximately 180 feet east of Henry Street, Lanihau 2nd and Moeauoa 2nd, North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County, but ultimately, on the future development of the whole island. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 The proposed change of zone request would further the County's goals of providing an economic environment which allows new or existing businesses to expand and diversify the County's economic base, and thereby also increase the choice of occupations. The proposed request would be consistent with the following goals and policies of the General Plan Economic Element. Economic Element * 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. * The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. * The County of Hawaii shall encourage the development of a visitor industry which is consistent with the social, physical and economic goals of the residents of the County. The applicant's objective recognizes the growing development needs for the region. The applicant seeks to provide the community with further commercial and community service facilities which take advantage of the sites's positive physical and locational attributes. By targeting the project area for commercial development, the Applicant is seeking to meet the urban expansion needs in a manner that is in concert with the long-range community plans as expressed in the County General Plan and Kona Regional Plan. The primary objectives of the Mohala Commercial Center include: • Creation of a high quality commercial and community service center that complements that site and surrounding uses. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 • Development of a project that is sensitive to the cultural, historic and environmental conditions of the site and surrounding area. • Providing for expanded commercial/retail services and employment opportunities for the North Kona area in a manner that improves the economic and social well-being of the community. The Conceptual Development Plan provides for approximately 150,000 square feet of commercial space with larger commercial-retail outlets located near the project entry complemented by smaller retail shops centered on a pedestrian mall. Potential users include large retail outlets, specialty shops, restaurants, offices, theaters, day care center and other community service facilities. It is envisioned that commercial "pads" will be provided for lease or sale according to the Preliminary Subdivision Plan. The plan is organized on a circulation system that provides for efficient ingress and egress to all use areas and relates to the long-range circulation plans for the property. Although specific plans for the applicant's property mauka of the project site have not been developed at this time, future development in the remaining portions of the Mohala project will consist primarily of residential uses. The circulation configuration for the project site is based on a preliminary plan which is expected to be updated over time as more detailed site information and program information of the specific uses are known. The proposed change of zone request would be consistent with the Land Use Element of the General Plan. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. It is also intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall Land Use goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. These state the following: Land Use Element * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 * Zone urban- and rural-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. * Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. * The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. * Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access and public need. The proposed request would also complement the following goals and policies of the Commercial Element. Commercial Development * Provide for commercial developments that maximize convenience to users. * Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities and neighborhoods. * Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers and transportation systems. * Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. * The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. 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 Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The project area is designated High Density Urban Development and Urban Expansion. High Density Urban Development allows for commercial, multiple residential and related services (general and office commercial; multiple residential - up to 87 units per acre), and Urban Expansion allows for a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable. The proposed development may be permitted provided that applicable goals, polices and standards of the General Plan are met. This proposed commercial development will provide the framework of a concentration of urban activities occurring in an orderly manner commensurate with the provision of necessary infrastructure. Therefore, it is determined that the request is consistent with the High Density Urban Development and Urban Expansion form depicted on the LUPAG Map for this area of North Kona. It should be pointed out that the State Land Use Commission approved with conditions a portion, approximately 432.91 acres of land, of the County of Hawaii's petitioned area of 955.78 acres for a State Land Use Boundary Amendment from Agricultural to Urban District. The subject parcels 6 and 7 consisting of a total of 137.91 acres, which includes the project area, is a portion of the reclassified Urban district. The General Plan further states that areas to be considered for rezoning "shall have basic improvements and amenities necessary for immediate use." The applicant will install curb, gutter, and sidewalk improvements meeting with the requirements of the Department of Public Works. All other essential utilities and services can and will be made available to the development, including connection to the Kealakehe Wastewater Treatment System. The Kona Regional Plan Land Use Concept Map designates this area for General Commercial uses. This request is consistent with the urban form depicted on the LUPAG Map for this area of Kona. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 The subject area is not within the boundaries of the Kailua Village Special District. However, lands in the vicinity of the project area are zoned CG-20, A-5a and RS-7.5. The Crossroads development is situated to the west; a single family dwelling, baseyard, and the Queen Liliuokalani Trust lands are to the north; to the southwest is the Lanihau Shopping Center; and to the east and south is a vacant parcel and Malulani Gardens Subdivision. The proposed rezoning and development will complement the land usage within the community and neighborhood it is proposed to be located in. The subject area is located in close proximity to schools, commercial areas, employment centers and public safety services. The subject area would provide continued and additional commercial services for the visitor industry, residents in the Kona district, as well as for the rest of the residents of the island of Hawaii. The project site is located within an area adequately served with essential services and facilities such as water and other utilities. Water is available to the project site through an existing 12-inch waterline along Henry Street. The applicant proposes to tie into the County's Kealakehe Wastewater Treatment Facility. Access to the proposed development would be from an existing 60-foot right-of-way, Road A, which was constructed with curbs, gutter and sidewalk improvements as part of the Crossroads development. Said Road A is located at the intersection with Henry Street and the entrance to Wal-Mart and consist of traffic signalization and turning lanes. Henry Street has an 80-foot right-of-way with curbs, gutter and sidewalk improvements. The applicant proposes to extent Road A with a breach to the Great Wall of Kuakini and through the proposed development with a 36-foot wide right-of-way with curbs, gutters and sidewalks. It should be noted that a breach to the Great Wall of Kuakini was acceptable to the Department of Land Natural Resources-Historic Preservation Division. This two lane road will include a center lane to accommodate left turns into project driveways and parking lots, and will have no on street parking. A Traffic Impact Analysis Study was completed for the proposed project and submitted to the Department of Public Works for review and comment. The applicant will make all improvements recommended by the Traffic Impact Analysis report. The applicant's Environmental Report states in summary that the area is classified as xerophytic grassland consisting of Guinea grass with emergent stands of koa haole and an upper canopy of scattered kiawe trees. The vegetation of the project site is dominated by Guinea grass, which covers approximately 90 percent of the ground. No native plant communities exist on the property. Of the total 70 plant species inventoried during the botanical survey, only six are native, of which two are Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 considered "possibly indigenous, and the remaining four are 'indigenous. All are common lowland species and only two are found in significant numbers within the site. The botanical survey found that native species constitute an inconsequential proportion of the total vegetation and none are considered rare, endangered or threatened. The applicant's Environmental Report states in summary that there is no evidence found that any endemic or endangered species utilize the area, although it is possible that the Hawaiian Hoary Bat may occasionally forage or roost on the property and the Pueo and 'lo may occur at times in this area. 'lo are currently listed as an endangered species and, like most predators, forage over a large area. No nests are known to occur on the project site, thus no impact is likely and no further mitigation measure beyond planned revegetation is necessary. With regard to cave invertebrates, the single cave structure is located mauka of the project site at the approximately 260 foot elevation and measures 16 feet in length with a restricted opening. Development is not expected to impact the cave site or any cave vertebrate that may be present within the structure. The applicant's Environmental Report states in summary that the property was found to be situated within the Kona Field System. Many agricultural features observed on the property include modified outcrops, terraces, a platform, walls, and lithic scatter, two U-shaped walls, and mounds. The Great Wall of Kuakini which extends along the makai boundary of the property is on the Hawaii State Register of Historic Places. A total of 18 archaeological sites, comprised of 151 features, were recorded. All of the 25 sites recorded are potentially significant for information and content, and one site is significant for its traditional cultural value because of a known human burial which is located at the approximately 260 foot elevation, mauka of the project site. Six additional sites were listed as potentially significant because they had been identified as possible burials. The appropriate treatment for the known burial sites would be preservation 'as is' with no further work recommended. Nevertheless, a condition will be included to require the notification of the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) should archaeological sites be encountered during the course of development. The Great Wall of Kuakini has been recommended for inclusion into the National Register of Historic Places. In addition, a condition is included requiring the applicant to comply with the requirements of the DLNR-HPD prior to any land alteration activities. As such, subject to certain mitigative measures, the subject site should not have any significant archaeological impacts. Portions of the property at the southwestern corner are located within the Keopu Drainageway, Zone A, areas inundated by 100-year flood. The remainder of the Honorable James Y. Arakaki, Chairman and Members of the County Council Page 8 property is located within Zone X, area determined to be outside the 500-year flood plain. Flood Zone "AE" affects a portion of the subject parcel as designated by the Flood Insurance Rate Map (FIRM). All site improvements will be designed and implemented pursuant to Chapter 27- Flood Control of the Hawaii County Code (HCC). Based on the above findings, approval of this change of zone request from Agriculture (A-5a) to General Commercial (CG-20) zoned district would result in an appropriate land use pattern that will further the necessity, convenience and welfare of the general public. For your favorable consideration, an amendment to Section 25-8-3, the North Kona Zone Map, of the County Zoning Code is transmitted. We are enclosing a copy of the application, a copy of the staff background, Department of Transportation comments and additional comments by the applicant's consultant for your information. Sincerely, Kevin M. Balog, Chairman Planning Commission LHDC03.PC Enclosures cc: Mr. Joseph H. Whitney Mr. James Leonard R. Ben Tsukazaki, Esq. Department of Public Works Department of Water Supply Kazu Hayashida, Director/DOT-Highways, Honolulu 1 BHawai01.emm/rhy-08112/98 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT HAWAIIAN DEVELOPMENT CORPORATION CHANGE OF ZONE APPLICATION tREZ 98-121 HAWAIIAN DEVELOPMENT CORPORATION has submitted an application for a Change of Zone by changing the district classification from Agricultural (A-5a) to General Commercial (CG-20) for approximately 17.060 acres of land. The property is located adjacent to and on the east side of the Crossroads project, approximately 180 feet east of Henry Street, Lanihau 2nd and Moeauoa 2nd, North Kona, Hawaii, TMK: 7-5-3: Portions of 6 & 7. GENERAL INFORMATION 1. Land Ownership: Hawaiian Development Corporation is the owner of the subject property. 2. June 22, 1998: The State Land Use Commission approved with conditions a portion, approximately 432.91 acres of land, of the County of Hawaii's petitioned area of 955.78 acres for a State Land Use Boundary Amendment from Agricultural to Urban District. The subject parcels 6 and 7, consisting of a total of 137.91 acres, are a portion of the reclassified Urban district. (See Exhibit A - Conditions of Decision and Order) PROPOSED DEVELOPMENT 3. Request: The applicant is proposing a master planned commercial development. 4. Objectives: "The need for urban expansion and further commercial development has been evaluated in the formulation of the proposed project. Recognizing the growing development needs for the region, the Applicant seeks to provide the community with further commercial and community service facilities which take advantage of the site's positive physical and location] attributes. "By targeting the project area for commercial development, the Applicant is seeking to meet the urban expansion needs in a manner that is in concert with the long-range community plans as expressed in the County General Plan and Kona Regional Plan. The primary objectives of the M6hala Commercial Center include: ATTAM. C-1016 (B-314) • Creation of a high quality commercial and community service center that complements that site and surrounding uses. • Development of a project that is sensitive to the cultural, historic and environmental conditions of the site and surrounding area. • Providing for expanded commercial/retail services and employment opportunities for the North Kona area in a manner that improves the economic and social well-being of the community." "The Conceptual Development Plan,... provides for approximately 150,000 square feet of commercial space with larger commercial-retail outlets located near the project entry complemented by smaller retail shops centered on a pedestrian mail. Potential users include large retail outlets, specialty shops, restaurants, offices, theaters, day care center and other community service facilities. It is envisioned that commercial 'pads' will be provided for lease or sale according to the Preliminary Subdivision Plan. "The plan is organized on a circulation system that provides for efficient ingress and egress to all use areas and relates to the long-range circulation plans for the property. Although specific plans for the applicant's property mauka of the project site have not been developed at this time, future development in the remaining portions of the M6hala project will consist primarily of residential uses. The circulation configuration for the project site is based on a preliminary plan which is expected to be updated over time as more detailed site information and program information of the specific uses are known." 5. Supportive Information: The applicant has submitted the following in support of the request: (See Exhibit B - Letter dated July 6, 1998 and Change of Zone Application) STATE AND COUNTY PLANS 6. SLUC: Urban 7. Hawau State Plan Consistency: Economic and Commercial objectives and policies. 8. General Plan Consistency: Economic, Land Use and Commercial elements goals, policies and courses of action for North Kona. -2- 9. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: High Density Urban Development and Urban Expansion. High Density Urban Development allows for commercial, multiple residential and related services (general and office commercial; multiple residential - up to 87 units per acre), and Urban Expansion allows for a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable. 10. Kona Regional Plan: The Kona Regional Plan land use concept map designates the subject area for General Commercial uses. 11. Kailua Village Special District: Not Applicable. 12. Keahole to Kailua Plan: The property is outside the study area of the Keahole to Kailua Development Plan. However, the land use plan does identify the property for Urban Expansion. 13. County Zoning: The property is currently zoned Agricultural-5 acre (A-5a). 14. SMA: The property is not situated within the Special Management Area. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 15. Property: The subject parcels has a total area of approximately 137.91 acres of which 17.060 acres are proposed for rezoning. The property is rectangular shaped. The site is located adjacent to the Crossroads development, mauka of Queen Ka'ahumanu Highway and approximately 180 feet east of Henry Street. The property is vacant of any structures. The Great Wall of Kuakini extends along the western boundary between the project site and the adjacent Crossroads development. 16. Surrounding Zoning/Land Uses: Lands in the vicinity of the project area are zoned CG-20, A-5a and RS-7.5. The Crossroads development is situated to the west; a single family dwelling, baseyard, and the Queen Liliuokalani Trust lands are to the north; to the southwest is the Lanihau Shopping Center; and to the east and south is a vacant parcel and Malulani Gardens Subdivision. 17. FIRM: Portions of the property at the southwestern comer are located within the Keopu Drainageway, Zone A, areas inundated by 100-year flood. The remainder of -3- J the property is located within Zone X, area determined to be outside the 500-year flood plain. 18. ALISH System: Unclassified. 19. USDA Soil Survey Report: The are two types of soils on the subject property: 1) Waiaha extremely stony silt loam (WHC). This consists of shallow, well-drained silt loams that formed in volcanic ash. The surface layer is very dark brown extremely stony silt loam about 4 inches thick. The subsoil is dark brown very stony silt loams about 14 inches thick. The substratum is pahoehoe lava bedrock. Permeability is moderately rapid, runoff is slow, and the erosion hazard is slight. 2) Punaluu extremely rocky peat (rPYD): This consists of well-drained thin organic soils over pahoehoe lava bedrock. The surface layer is black peat about 4 inches thick. It is underlain by pahoehoe lava bedrock. This soil is medium acid. The peat is rapidly permeable, although water moves rapidly through the cracks. Runoff is slow, and the erosion hazard is slight. This soil is used for pasture. 20. Land Study Bureau: The Land Study Bureau's overall master productivity rating for agricultural use is Class "E" or Poor. 21. Flora Resources: The applicant's Environmental Report states in summary that the area is classified as xerophytic grassland consisting of Guinea grass with emergent stands of koa haole and an upper canopy of scattered kiawe trees. The vegetation of the project site is dominated by Guinea grass, which covers approximately 90 percent of the ground. No native plant communities exist on the property. Of the total 70 plant species inventoried during the botanical survey, only six are native, of which two are considered `possibly indigenous, and the remaining four are `indigenous'. All are common lowland species and only two are found in significant numbers within the site. The botanical survey found that native species constitute an inconsequential proportion of the total vegetation and none are considered rare, endangered or threatened. 22. Fauna Resources: The applicant's Environmental Report states in summary that there is no evidence found that any endemic or endangered species utilize the area, although it is possible that the Hawaiian Hoary Bat may occasionally forage or roost on the -4- a property and the Pueo and Jo may occur at times in this area. 'lo are currently listed as an endangered species and, like most predators, forage over a large area. No nests are known to occur on the project site, thus no impact is likely and no further mitigation measure beyond planned revegetation is necessary. With regard to cave invertebrates, the single cave structure is located mauka of the project site at the approximately 260-foot elevation and measures 16 feet in length with a restricted opening. Development is not expected to impact the cave site or any cave vertebrate that may be present within the structure. 23. Archaeological Resources: The applicant's Environmental Report states in summary that the property was found to be situated within the Kona Field System. Many agricultural features observed on the property include modified outcrops, terraces, a platform, walls, and lithic scatter, two U-shaped walls, and mounds. The Great Wall of Kuakini which extends along the makki boundary of the property is on the Hawaii State Register of Historic Places. A total of 18 archaeological sites, comprised of 151 features, were recorded. All of the 25 sites recorded are potentially significant for information and content, and one site is significant for its traditional cultural value because of a known human burial which is located at the approximately 260 foot elevation, mauka of the project site. Six additional sites were listed as potentially significant because they had been identified as possible burials. The appropriate treatment for the known burial sites would be preservation `as is' with no further work recommended. Nevertheless, a condition will be included to require the notification of the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) should archaeological sites be encountered during the course of development. Mitigative measures as recommended by the consulting archaeologist and the DLNR-HPD will be required prior to any land alteration activities. PUBLIC UTILITIES AND SERVICES 24. Access: Access to the proposed development would be from an existing 60-foot right-of-way, Road A, which was constructed with curbs, gutter and sidewalk improvements as part of the Crossroads development. Said Road A is located at the -5- intersection with Henry Street and the entrance to Wal-Mart and consist of traffic signalization and turning lanes. Henry Street has an 80-foot right-of-way with curbs, gutter and sidewalk improvements. The applicant proposes to extent Road A with a breach to the Great Wall of Kuakini and through the proposed development with a 36- foot wide right-of-way with curbs, gutters and sidewalks. It should be noted that a breach to the Great Wall of Kuakini was acceptable to the Department of Land Natural Resources-Historic Preservation Division. This two lane road will include a center lane to accommodate left turns into project driveways and parking lots, and will have no on street parking. A Traffic Impact Analysis Study was completed for the proposed project and submitted to the Department of Public Works for review and comment. The applicant will make all improvements recommended by the Traffic Impact Analysis report. 25. Water: Water is provided by an existing 12- inch water line along Henry Street. 26. Wastewater: The applicant proposes to tie into the County's Kealakehe Wastewater Treatment Facility. 27. Utilities: Electrical and telephone service will be made available to the property. AGENCIES' COMMENTS 28. Real Property Tax Office (June 23, 1998 Letter): "The above referenced parcels have received a preferential agricultural use assessment for least the last ten years and as such are subject to rollback taxes upon rezoning from agricultural to urban or rural or subdivision into parcel sizes of five acres or less." 29. Kona Soil and Water Conservation District (July 19, 1998 Letter): "SLU 98-2/REZ 98-12: As stated portions of this project are located in the Keopu/Hienaloli Flood channels described in the North Kona Flood Plain Management Study document. Care should be taken to avoid the ill defined flood ways in the project vicinity. Additionally, care should be exercised in the design and construction of dry wells to insure their desired function and continued reliability to retain site runoff generated after construction of impervious surfaces. "Soils information contained in the old Soil Conservation Service (now Natural Resources Conservation Service NRCS) Soils Survey Manual that was used to determine percolation -6- rates and runoff curve numbers may not be accurate. A revision of the survey is presently underway using more up to date mapping technology and information. Special site tests should be accomplished by developers to verify information." Applicant's Response - (See Exhibit C - August 7, 1998 Letter) 30. Department of Land and Natural Resources-Land Division (July 21, 1998 Memo): "Thank you for the opportunity to review the State Land Use Boundary Amendment and Change of Zone Application for the subject project. Although we have no comments to offer at this time, please keep us informed of this project." Department of Land and Natural Resources-Land Division: (See Exhibit D - July 24, 1998 Memo, August 10, 1998 Letter; and Applicant's Response - August 7, 1998 Letter) 31. Department of Public Works: (See Exhibit E - July 24, 1998 Memo) 32. Department of Water Supply: (See Exhibit F - June 19, 1998, July 30, 1998; and Applicant's Response - August 7, 1998 Letter) 33. Police Department: (See Exhibit G - June 25, 1998, July 27, 1998 Memos; and Applicant's Response - July 30, 1998 Letter) 34. Fire Department: (See Exhibit H - July 22, 1998 Memo, and Applicant's Response - July 30, 1998 Letter) 35. Land Use Commission: (See Exhibit I - June 22, 1998, July 20, 1998 Letters; and Applicant's Response - July 30, 1998 Letter) 36. Department of Land and Natural Resources-Historic Preservation Division: (See Exhibit J - June 24, 1998 and July 24, 1998 Letters) 37. Department of Health: (See Exhibit K - June 24, 1998 Memo; and Applicant's Response - July 30, 1998 Letter) AGENCIES - NO RESPONSE 38. Department of Transportation, HELCO, and Department of Agriculture PUBLIC COMMENTS 39. The Department has not received any comments or objections from the public or adjacent land owners on the subject application. -7- • 9 R J~l~~r BEFORE THE LAND USE COMMISSION C / pry 1 OF THE STATE OF HAWAII In the Matter of the Petition of ) DOCKET NO. A94-705 COUNTY OF HAWAII ) FINDINGS OF FACT, PLANNING DEPARTMENT ) CONCLUSIONS OF LAW, AND DECISION AND ORDER To Amend the Agricultural Land Use ) District Boundary into the Urban ) Land Use District for Approximately ) 955.78 Acres at Keahuolu through ) is to rertlfy that this Is a true and correct Keauhou, North Kona, Island of ) - ` I t ? °C!s^n c,a Order on file in Me offiC: Hawaii, State of Hawaii, Tax Map ) of Me StateL2acUsL,. !!^^ra!!tH° Key No.: 7-4-08: por. 1; 7-5-03: 6, ) JUN 2 2 1998 b L 7, 23; 7-5-10: 5; 7-5-17: 1, 19; ) Owe by 7-6-13: 9; 7-7-04: por. 2, 56; ) Ei(eCUtiYO 7-7-07: 41; 7-7-08: por. 27, 99, ) 105; 7-8-10: por. 29, and por. 30. ) z y N r - T. Q t~ LZ 0 Lo _ FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION AND ORDER EXHIBIT DECISION AND ORDER IT IS HEREBY ORDERED that a portion of the Petition Area being the subject of this Docket No. A94-705 filed by the county of Hawaii Planning Department, comprised of a total of approximately 432.91 acres situated in the land divisions from Keahuolu to Keauhou, North Kona, Island, County and State of Hawaii, identified as Hawaii Tax Map Key Nos. 7-4-08: portion of 1; 7-5-03: 6, 7; and 7-8-10: portion of 29 and portion of 30, for reclassification from the State Land Use Agricultural District to the State Land Use Urban District, and approximately shown in Exhibit "A" attached hereto and incorporated herein by reference, shall be and is hereby approved, and the State Land Use District Boundaries shall be amended accordingly, subject to the following conditions: 1. Provided that the land uses proposed generate the need for such facilities, Petitioner, developers and/or landowners of the affected properties, on an individual or collective basis, shall provide or cause to provide affordable housing opportunities for low, low-moderate, and gap group income residents of the State of Hawaii to the satisfaction of the County of Hawaii. The location and distribution of the affordable housing or other provisions for affordable housing shall be under such terms as may be mutually agreeable between the developers and/or landowners and the County of Hawaii. 2. Provided that the land uses proposed generate the need for such facilities, Petitioner shall ensure that the developers and landowners of the affected properties and their -50- successors and assigns contribute to the development, funding, and/or construction of public school facilities on a fair share basis as determined by and to the satisfaction of the State Department of Education. Petitioner shall ensure that a written agreement between the affected developers and/or landowners, their successors and assigns, and the Department of Education setting forth the contribution and timing of contributions is on-going as part of the County rezoning process and is fully executed prior to the County issuing any building permits. 3. Provided that the land uses proposed generate the need for such facilities, Petitioner shall ensure that the developers and/or landowners of the affected properties participate in the funding and construction of adequate wastewater transmission and disposal facilities, on a fair share basis, as determined by the County of Hawaii Department of Public Works (DPW) and the State Department of Health (DOH). Developer and/or landowner participation shall also be in compliance with conditions of approval of County zoning or determined prior to applying for County building permits if county rezoning is not required. 4. Petitioner shall ensure that the developers and/or landowners of the affected properties each submit for review by and receive approval from the State Department of Transportation (DOT) and the County of Hawaii DPW a Traffic Impact Analysis Report (TIAR), prior to the County approval of a rezoning application for each affected property or prior to applying for county building permits if rezoning is not required. The TIAR -51- shall identify the traffic impacts attributable to the proposed development and recommend proposed mitigation measures. The report should also reflect the latest planning efforts for transportation (i.e., the conditions, assumptions, and findings for the upcoming Hawaii Land Transportation Plan). Based on an analysis of traffic-related impacts, Petitioner shall ensure that the developers and/or landowners also participate, on a fair share basis, in the funding and construction of local and regional transportation improvements and programs, including dedication of rights-of-way as determined by the State DOT and the County of Hawaii DPW. 5. Petitioner shall ensure that the developers and/or landowners of the affected properties, on a fair share basis, fund and construct adequate civil defense measures as determined by the County and State Civil Defense agencies as part of the development of the affected properties. 6. The findings of the archaeological inventory surveys prepared by the developers and/or landowners of each affected property shall be submitted to the State Department of Land and Natural Resources, State Historic Preservation Division (SHPD) in report format for adequacy review. Prior to making a decision on the County rezoning or permit application for each property, the County agency shall receive in writing from SHPD verification that the survey report is acceptable, that significance evaluations are acceptable, and that the mitigation commitments are acceptable. -52- 7. If significant historic sites, including trails and railroad right-of-ways, are present, the developers and/or landowners of each affected property shall submit a detailed historic preservation mitigation plan for review by SHPD. This plan may include preservation and/or archaeological data recovery subplans (detailed scopes of work). SHPD must approve this plan before any land alteration can occur on the project area. SHPD must also verify in writing to the County agency approving the permit that the plan has been successfully executed, prior to any land alteration. 8. Should any previously unidentified burials, archaeological or historic sites such as artifacts, marine shell concentrations, charcoal deposits, or stone platforms, pavings or walls be found, the developers and/or landowners of the affected properties shall stop work in the immediate vicinity and SHPD shall be notified immediately. Subsequent work shall proceed upon an archaeological clearance from SHPD when it finds that mitigative measures have been implemented to their satisfaction. 9. Petitioner, developers and/or landowners of the affected properties shall notify all prospective buyers of the property of the potential odor, noise and dust pollution if there are any Agricultural District lands surrounding the affected properties. 10. Petitioner, developers and/or landowners of the affected properties shall notify all prospective buyers of property that the Hawaii Right-to-Farm Act, Chapter 165, Hawaii Revised Statutes, limits the circumstances under which -53- pre-existing farm activities may be deemed a nuisance if there are any Agricultural District lands surrounding the affected properties. 11. Provided that the land uses proposed generate the need for such facilities, Petitioner shall ensure that the developers and/or landowners of the affected properties fund on a fair share basis, the design and construction of drainage improvements required as a result of the development of the affected properties to the satisfaction of the appropriate State and County agencies. Petitioner shall ensure that the developers and/or landowners also participate, on a fair share basis, in other drainage improvement programs in the area as determined by the County of Hawaii DPW. 12. Petitioner shall ensure that the developers and/or landowners participate on a fair share basis in the funding and construction of adequate water source, storage, and transmission facilities and improvements to accommodate the proposed project(s). Water transmission facilities and improvements shall be coordinated and approved by appropriate State and County agencies. Petitioner shall transmit to the County of Hawaii DWS any changes in water demand forecasts and in water development plans to supply the proposed projects. 13. Petitioner shall timely provide without any prior notice, annual reports to the Land Use Commission and the Office of Planning, in connection with the status of the affected properties and the developers' and/or landowners' progress in complying with the conditions imposed herein. The annual report -54- shall be submitted in a form prescribed by the Executive Officer of the Commission. 14. The Commission may fully or partially release these conditions provided herein as to all or any portion of the affected properties upon timely motion and upon the provision of adequate assurance of satisfaction of these conditions by the developers and/or landowners of the affected properties. 15. Within seven (7) days of the issuance of the commission's Decision and Order for the subject reclassification, Petitioner shall: (a) record with the State Bureau of Conveyances a statement that the properties are subject to conditions imposed by the Commission in the reclassification of the affected properties; and (b) file a copy of such recorded statement with the Commission. 16. Petitioner, shall ensure that the conditions imposed herein by the Commission are recorded with the Bureau of Conveyances pursuant to Section 15-15-92, Hawaii Administrative Rules. 17. Petitioner, landowner/developer, their successors and assigns shall ensure that development of the reclassified area is in substantial compliance with the representations made before the Land Use Commission. Failure of Petitioner, landowner/developer, their successors and assigns to ensure substantial compliance may result in reversion of the reclassified area to its former land use classification, or change to a more appropriate classification. -55- 18. Petitioner, landowner/developer, their successors and assigns shall give notice to the Land Use commission of any intent to sell, lease, assign, place in trust, or otherwise voluntarily alter the ownership interest in the reclassified area prior to the visible commencement of construction. IT IS HEREBY FURTHER ORDERED that the remainder of the Petition Area, as amended, consisting of approximately 522.87 acres, and identified as Tax Map Key Nos.: 7-5-03: 23; 7-5-10: 5; 7-5-17: 1 & 19; 7-6-13: 9; 7-7-04: portion of 2 & 56; 7-7-07: 41; 7-7-08: portion of 27, 99, and 105, shall remain within the State Land Use Agricultural District. -56- Done at Honolulu, Hawaii, this 22nd day of June 1998, per motion on June 18, 1998. LAND USE COMMISSION STATE OF HAWAII BY UP K. C HUN Chairperson and Commissioner By (opposed) M. CASEY JARMAN Vice Chairperson and Commissioner By LAWRENCE N.C Vice Chairper on and Commissioner By (absent) P. ROY CATALANI Commissioner BY - 2E~~ ISAAC FIESTA, JR. Commissioner By (absent) HERBERT S. KAOPUA, SR. Commissio e'er By A CV44 MERLE K. KELAI Commis 'oner Filed and effective on By _~01. rj-, ~ June 22 1998 JOANN N. MATTSON Commissioner certified by: ) By Executive Officer PETER YUKIMURA Commissioner -57- i saOAWa. 4. z. 1 gAnAlA w2 K"hd. nati ai.m.igw Ha, rrwaa oaavq. c+ - - r Mu O 0 9"uhm l 8+Y 9 N E S A94-705 /COUNTY OF HAWAIll PLANNING DEPARTMENT LOCATION MAP ® Approved Aroa - 7 Map Key No.: 7-408: por.1; 7.5.03: 8.7; T. 7 8 10: por. 29, por. 30 ? Domed Ama - Tax Map Key No.: 7-543: 23; 7-5-10: 5; 7.6-17:1, 19; 71.13: 9; 7-7.04: pot $ 58; 7-7-07.41; 7-7-08: por. 27, 99,105 K dua - Keauhou, South Kona, HawN'i EXHIBIT "A" BEFORE THE LAND USE COMMISSION OF THE STATE OF HAWAII In the Matter of the Petition of ) DOCKET NO. A94-705 COUNTY OF HAWAII ) CERTIFICATE OF SERVICE PLANNING DEPARTMENT ) To Amend the Agricultural Land Use ) District Boundary into the Urban ) Land Use District for Approximately ) 955.78 Acres at Keahuolu through ) Keauhou, North Kona, Island of ) Hawaii, State of Hawaii, Tax Map ) Key No.: 7-4-08: por. 1; 7-5-03: 6, ) 7, 23; 7-5-10: 5; 7-5-17: 1, 19; ) 7-6-13: 9; 7-7-04: por. 2, 56; ) 7-7-07: 41; 7-7-08: por. 27, 99, ) 105; 7-8-10: por. 29, and por. 30. ) CERTIFICATE OF SERVICE I hereby certify that a copy of the Findings of Fact, Conclusions of Law, and Decision and Order was served upon the following by either hand delivery or depositing the same in the U. S. Postal Service by certified mail: RICHARD EGGED, JR., Director DEL. Office of State Planning P. O. Box 2359 Honolulu, Hawaii 96804-2359 VIRGINIA GOLDSTEIN, Planning Director CERT. Planning Department, County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 RICHARD D. WURDEMAN, ESQ. CERT. Office of the Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 BENJAMIN A. KUDO, ESQ. Attorney for Intervenor Liliuokalani Trust CERT. Dwyer Imanaka Schraff Kudo Meyer & Fujimoto 900 Fort Street, Suite 1800 Honolulu, Hawaii 96813 ERIC T. MAEHARA, ESQ. Attorney for Intervenor Hawaiian Development CERT. Corporation Grosvenor Center, Suite 2530 737 Bishop Street Honolulu, Hawaii 96813 STEVEN S.C. LIM, ESQ. Attorney for Intervenor Kamehameha Investment CERT. Corporation Carlsmith Law Firm 121 Waianuenue Avenue Hilo, Hawaii 96720 JUDITH GRAHAM CERT. Representing Intervenor E Mau Na Ala Hele P. 0. Box 6384 Kamuela, Hawaii 96743 DATED: Honolulu, Hawaii, this 22nd day of June 1998. ESTHER UEDA Executive Officer -2- .e z f 'QR AL 7 Pik 1 99 1ASII PLANNING LANDS(APE AR(:n ITECTI'RE IR()NNISTAI. STI DIES I . . i. . LU.nf~ I wl ~~n 11 h\I~ July 6, 1998 Ms. Virginia Goldstein, Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 SUBJECT: AMENDMENT REQUEST CHANGE OF ZONE APPLICATION (REZ 98-2) APPLICANT : HAWAIIAN DEVELOPMENT CORPORATION TAX MAP KEY: 7-5-3:6 & 7 Dear Ms. Goldstein; On behalf of Hawaiian Development Corporation, this is to request an amendment to the previously submitted Change of Zone application for the Mohala Commercial Village Project. With the recent approval by the State Land Use Commission (SLUC) of the County initiated District Boundary Amendment Petition (Docket A94-70fipthe subject property was among those properties reclassified from the Agricultural to Urban District. This action by the SLUC effectively rendered moot the State Land Use District Boundary Amendment Petition which was submitted concurrently with the subject application for an approximately 14.96 acre portion of the property. This petition will be withdrawn shortly pursuant to a letter request which you will receive from Ben Tsukazaki, Attorney for Hawaiian Development Corporation. With the recent urbanization of the full property, the applicant now seeks to amend the previous application by expanding the petition area from 14.96 acres to approximately 17 acres. In that the preliminary engineering and traffic impact analysis reports submitted with the application were prepared on the basis of a maximum potential development of 150,000 square feet of commercial and retail uses, and the expanded development program will remain less than this planning parameter, no additional impacts to the project infrastructure requirements are anticipated beyond those described in the initial application. Additionally, the adjustment to the mauka boundary will not significantly affect the environmental impacts or, conversely, the proposed mitigation measures as described in the Background and Environmental Report submitted with the application. Therefore, the assessment of environmental and technical issues, as addressed in the Report remains unchanged. EXHIBIT I a I- Wtn. Frank Brandt • Thomas S. Witten • R. Stan Duncan • Russell Y.J. Chung f~ .s-~ HONOLULU OFFICE U G33W I(su ISISIIOP Sl REET. PACIFIC'FOH'ER. SUITE 630. HO\OIA'LI. H:\FC.\II WHI:'..'ti'19 TF:LEPHO]E: (HDH) 5°_4B(iSl Eas, UNIHI 52:"409 6Ne11 I blh.m'Aolu. nrl U X11.1 RI OFFICE I IILn OFFICE 2121 ti\OHL SFREFI.\F\ILt' RI'. IIAn'AII 9IiiD3lgui 101 .\11'1SI%I REST. 11110 L%(;00\(:1\'F1R. A' Il' Laln Illlal. HM\1196151.1'176 Ms. Virginia Goldstein, Director RE: AMENDMENT REQUEST CHANGE OF ZONE APPLICATION (REZ 98-2) APPLICANT : HAWAIIAN DEVELOPMENT CORPORATION TAX MAP KEY: 7-5-3:6 & 7 Page 2 We have enclosed for your reference twenty copies of this letter with an updated Location Map, Conceptual Site Plan, and Preliminary Subdivision Plan showing the revised project boundary and site layout. Also enclosed is a revised zoning description for the proposed project from a registered surveyor, including the following: • On (1) original vellum map showing the proposed zoning change (from Agriculture A-5a to General Commercial CG-20) • One (1) full-scale print of the Change of Zone map • Twenty (20) reduced (81/2"X11 prints of the Change of Zone map • A computer diskette with the map description (CADD file) • A computer diskette with the text description (WordPerfect 6.0 format) Also, please note a typographic error in our initial application which identified the applicant as Hawaii Development Corporation. This should be corrected to read: Hawaiian Development Corporation. Should you have any questions or require additional information regarding the subject application or amendment request, please contact either myself (961-3333) or Mr. Ben Tsukazaki at Menezes, Tsukazaki, Yeh and Moore (961-0055). Sincerely, 110 I'l 11 1, J es M. Leonard, AICP anaging Director PBR HAWAII - Hilo Office Enclosures. cc: J. Whitney R.Wheelock B.Tsukazaki F. Brandt KEAHOLE aT y ` •rs T aL 1 t( 11 (`l',~ ly1, - .frti~=a-> 1 I ts. S } 5 1 ( ~4tt i~I I JJ `Iy~ r -3S KEAHOLE AIR T I r? , ; _ _ t 4 f, ' f k!,.1 1 7 44' •Y+L) S d7 . - t . j i, S 1L I . '7l 1111 ~~1~\~\~.~ , F';. U~'•. 1y 1 [p\ 1 1~ I \.f \ 1 F. SAY Whale Property \ 1 \d ,y " PROJECT SITE ht `lltT " KAILUA-KONK(! LIP' I KAIIUA BA . ~ KA UELA 1 ^ I Ni Y~ 1Yl ^"~t,1 5 t ~T i 1 ti 7 AREA 1` i f P d' t pNAA ENLARGED ~t ABOVE KEALWU SAS I ~~r NAALEHU ISLAND OF HAWAII NO SCALE FIGURE 1 Regional Location Map MOHALA COMMERCIAL VILLAGE 0 4000 8000 Source: USGS, 1982 m VIM FEET May 1998® 0 N J 1 ^ !Gy im mc•+:mx U = A3I A n m a y C y a m b 3 o a ni E ~ a x N O m O O O w - N- c p Oi < U o A n~ O a .c L A J y 1 U~ N d • p .p O z y 01 IE m< N Q O . n.. P lF' N O A 0 Y c O c x H N O O~ y 4 0 J N H m a o ZO a ~ y x E u p, o Z * F, M ~ `S g -yyr 9 0 3 F + ..yam. \ it n r `s 1 m z J O ~ / Y vN11 ee. al, y > sp°pbrs0,0 _ W C7 1 ~ m ~ U a L Q m 2 LL p o N V o lJ.l CL Q It U I~ C ' i lL c..) l tlp ` 1 i o W U Q S rt .aa W / / 1 9 N ~ ~1( A ( W 1 ~ •IY ~F ~ r f~ O 4 1 W C o 0' Q E CL \ y / K ,r Q6 ircl- COUNTY OF HAWAII PLANNING DEPARTMENT CHANGE OF ZONE APPLICATION (Type or legibly print the requested information) APPLICANT: Hawaii Dev 1 nt Co1poration APPLICANT'S siGNATuRLQJ_A,_~LX Le DATE: J seph H. they, Its President ADDRESS: 700 BISHOP STREET, SUITE 1000 HONOLULU. HAWAII 96813 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: Jose h H. Whitney (IM rrcv Pa PHONE:(Bus.) (808)599-5720 (Res.) (Fax)~808Z526-9537 LANDOWNER(S): SAME AS APPLICANT LANDOWNER SIGNATURE(S): DATE: (May by letter) LANDOWNER(S) ADDRESS: SAME AS ABOVE REQUEST: Agricultural (A-5a) TO: General Commercial (CG-20) TAX MAP KEY: Portions of (3)7-5-03:06 AND 07 STREET ADDRESS OF PROPERTY: N/A SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONE: 14.96 Acres :f: AGENT: PBR Hawaii - Hilo ADDRESS: Attn: James M. Leonard. AICP 101 A puni Street, Suite 310 Hilo. Hawaii 96720 TELEPHONE: (Bus.) 961-3333 (Res.) (Fax) 961-4989 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Applicant COPIES: 1. James Leonard - PBR Hawaii @ 101 Aupuni Street, Suite 310 Hilo, Hawaii 96720 2. Ben Tsukazaki, Esq. @ 100 Pauahi Street, Suite 204 Milo, Hawaii 96720 ATTACHMENT Commercial, W Resort, & Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE I. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If yes, please answers the rest of question I and then to question 3. a. How may acres of the requested area do you intend to subdivide? 14.96 ± acres b. Into what lot sizes? 20,000 sq/ft + 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? 12 months if you intend to subdivide, please submit a preliminary schematic subdivision plan together with you change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: N/A a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? C. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (Please state) f. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also include in you answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. What specific building plans do you have for the subject land? Include in your answer the following: type of building (apartment, office, launderette, etc.), financing arrangement; timetable for construction; and any other information which you feel might help us in evaluating your request. The applicant anticipates a mix of large commercial, retail and service oriented businesses under lease agreement or pad sale to owner/users. Following the requested regulatory approvals, which are anticipate to take eight to ten months, construction is expected to commence within two years. 4. Have you performed any study which would demonstrate a need for your proposed building and/or development? Yes If so, please elaborate on your findings in the space provide below. The applicants own marketing assessment indicates: 1) there is currently a shortage of suitable commercially-zoned, fee. simple properties in the Kailua-Kona area; and 2) the project site benefits from favorable site locational and regulatory characteristics which make it ideally suited for the proposed use. 5. Have you performed any study which discusses the environmental impacts your request would have on the surrounding area and/or the County? Yes If so, please elaborate on your findings in the space provide below. The enclosed County Environmental Report has been prepared meeting the requirements of Section 25-2-42 of the Hawaii County Code. 6. Are there any buildings on the subject area? No If so what kind? What do you intend to do with those buildings if you request is approved? N/A 7. Is the subject land currently being use for any agricultural activity? Yes If so, please list the lands of products grown and on how many square feet or acres of land per product. The site is used intermittently for cattle grazing. 8. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. Section 2.1.8.6 and Appendix D (Engineering Report) of the attached County Environmental Report provides a detailed description of the existing drainage characteristic of the property and proposed drainage system improvements. 9. Do you think that the roads leading to the subject area needs improvements? No If so, what kind? The extension of Henry Street and Road °A° leading to the project site were recently completed concurrent with the development of the adjacent Crossroads commercial project and are adequate to meet the needs of the proposed project. Is the road adequate for the proposed traffic volume or load? Yes Near term improvements are planned by the State DOT to Queen ICaahumanu Highway and the Henry Street intersection which will mitigate the currently conjested conditions at this intersection. 10. What sort of governmental assistance and /or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools XX b. Roads XX C. Sewer XX d. Drainage XX e. Police Protection XX f. Fire Protection XX g. Recreational Facilities XX h. Public Utilities XX i. Other For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Planning for the project will need to be coordinated with the County to insure that police and fire protective services provided in the area are extended to the project site at the time of development. Extension of public utilities (sewer, water, power, telephone CATV) to the project site. Based on the Engineering Report (Appendix D) prepared for the project, County and public utilities systems in the area appear to adequate to service the project. 11. Have you performed any historic sites study and/or survey of the subject area? If so, what were the results? Please, also, submit a copy of the study together with this change of zone supplement. Yes An Archaeological Inventory Survey Report, which has been reviewed and approved by DLNR Historic Sites Preservation Division, is included as Appendix C to the enclosed County Environmental Report. Signature: Address: qHaii Development Coro. 700 Bishop Street. Suite 100 Honolulu. Hawaii 96813 Telephone: (808) 526-9537 Date: S -K-9 rs I l MOHALA COMMERCIAL VILLAGE BACKGROUND ! SZ ENVIRONMENTAL REPORT Mohaia: To appear clear as a bright light; opening up like a blossom; shining forth) Prepared for: Hawaii Development Corporation Prepared by: PBR Hawaii May 1998 From Place Names of Hawaii. Mary Kawena Pukui, et al. Interpreted by Edith McKensie, Genealogist, and by Margaret Spinney, a kupuna who is the 12th generation of her family from Kalaoa-Kona. j Mohala Environmental Report Outline 1.0 PROJECT DESCRIPTION 2 1.1 Summary of Request 2 1.2 Project Objectives 3 1.3 Development Program 3 1.4 Development Timetable 4 1.5 Estimated Infrastructure Costs 5 2.0 DESCRIPTION OF THE AFFECTED ENVIRONMENT 6 j 2.1 Physical Environment 6 j 2.1.1 Physiography and Climate . 6 2.1.2 Geology and Soils 6 Detailed Land Classification 6 Soil Survey .......................................7 Agriculture Lands of Importance to the State of Hawaii 7 Agriculture .......................................7 2.1.3 Flora and Fauna 7 Flora ............................................7 Fauna ...........................................8 2.1.4 Historic and Archaeological Site 9 ! 2.1.5 Natural Hazards 2.1.6 Air and Noise Quality 12 Air Quality ......................................12 Noise Quality 12 2.1.7 Scenic and Visual Resources 13 2.1.8 Public Services and Engineering Requirements 13 2.1.8.1 Schools 13 2.1.8.2 Parks and Recreation 14 2.1.8.3 Medical Service 14 2.1.8.4 Police/Fire Services 15 Fire Service 15 Police Service 15 2.1.8.5 Water System 15 2.1.8.6 Drainage System 16 2.1.8.7 Sewerage System 17 2.1.8.8 Solid Waste Disposal 17 2.1.8.9 Electrical, Telephone and Cable Services 18 2.1.8.10 Vehicular Circulation/Traffic 19 I 3.0 CONFORMANCE WITH STATE AND COUNTY PLANS 20 3.1 Chapter 205, Hawaii Revised Statues, HRS; Land Use Commission ............................................20 3.2 Hawaii State Plan 23 I 3.3 Chapter 343, Hawaii Revised Statutes, HRS; Environmental Impact Statement Regulations 24 3.4 General Plan for the County of Hawaii 25 3.5 County Zoning ..........................................28 3.6 Hawaii Coastal Zone Management Program 28 3.7 Kona Regional Plan ......................................28 4.0 ENVIRONMENTAL ASSESSMENT AND ANALYSIS 29 4.1 Relationship Between Local Short-term Uses of Environmental And Maintenance And Enhancement of Long-term Productivity 29 4.2 Mitigative Measures Proposed to Avoid, Minimize, Rectify or Reduce Impact ..........................................29 4.3 Alternatives to the Proposed Development 30 4.4 Irreversible and Irretrievable Commitments of Natural Resources { That Would Be Involved If Proposed Action Implemented 32 i 5.0 AGENCIES CONTACTED 33 ' 6.0 REFERENCES 34 1 1 MOI IALA ENVIRONMENTAL REPORT i 1.0 PROJECT DESCRIPTION 1.1 SUMMARY OF REQUEST Hawaii Development Corporation (hereafter referred to as the "Applicant") seeks a Change of Zone from the current Agricultural (A-5a) to Commercial (CG-20) designation for an approximately 14.9 acre site location in the North Kona District, Kailua-Kona, Hawaii. The proposed Change of Zone is being requested to allow for a commercial center which can provide for a mix of retail, commercial and community service facilities to meet the growing needs of the local community. The site is located adjacent to the Crossroads development, mauka of Queen Ka`ahumanu Highway and approximately 2,000 feet south of the intersection of Palani Road and Queen J Ka'ahumanu Highway. Access to the site would be provided by a roadway extending to Henry Street. The Great Wall of Kualdni extends along the makai boundary between the project site and the adjacent Crossroads property. The location and regional context of the project area is shown in Figure 1, and Table 1 shows the land use status of the project lands. TABLE 1: LAND USE STATUS Tax Map Key: Portions of 7-5-3:06 and 07 State Land Use: Agriculture County General Plan (LUPAG) High Density Urban Development 1 Urban Expansion Hawaii County Zoning Agricultural (A-5a) County Special Management Area: N/A The subject property is presently designated for Urban Expansion and High Density Urban uses on the Land Use Pattern Allocation Guide (LUPAG) Map of the County General Plan. As such, an amendment to the County General Plan is not required for the proposed use. In addition, the project site is situated in an area designated for general commercial use on the Kona Regional Plan. The project area is also within the general area centering in Kailua-Kona, that is proposed by the County for urbanization. In that the timing of the County initiated State Land Use Boundary Amendment (SLUBA) Petition, a SLUBA application seeking to designate the approximately 14.96 acre project area as part of the State Land Use Urban District is being submitted to the County concurrent with the Change of Zone Application. SECTION l: Project Description Page 2 KEAHoLE pY _ a .r 7` a 4. VL f yy / - \t+i*r ,.-d..- l, R KEAHOLE AIR I ! J v 4 -~iI 1-17 • _ ~ ~ = '`1'ie iy ~ X11 ~~"Y\~ lSl. ~ NOK r} ,;a ; Yr t~ , ~_.y_ \ ~ • \ ley ~ ~y+~~ i 1. !b l l'- 1 ll ,r Mohela Property r \ ' `..:3 ~ ' \ ~ ~1` ~ i - \ ~ ~ 1 PROJECT SITE _ \ `l~-t 4 , ; •y ` 10 KAILIIA-KO lulc KAILUIA KA AUELA HILD KAILUA AREA r' Y J . r a KONA ENLARGED ,r s ABOVE KEAIkgU ~T 1 1 y - y, \ ~ 1. - Y NAALEHU ISLAND OF HAWAII NO SCALE FIGURE 1 Regional Location Map MOHALA COMNIERCIAL VILLAGE ® o 4000 8000 Souroe: USGS, 1982 FEET May 1998 Mol IALA EWIRONMENTAL REPORT 1.2 PROJECT OBJECTIVES The need for urban expansion and further commercial development has been evaluated in the formulation of the proposed project. Recognizing the growing development needs of the region, the Applicant seeks to provide the community ,.with further commercial and community service facilities which take advantage of the site's positive physical and locational attributes. By targeting the project area for commercial development, the Applicant is seeking to meet the urban expansion needs in a manner that is in concert with the long-range community plans as expressed in the County General Plan and Kona Regional Plan. The primary objectives of the Whala Commercial Center include: • Creation of a high quality commercial and community service center that complements that site and surrounding uses. • Development of a project that is sensitive to the cultural, historic and environmental conditions of the site and surrounding area. • Providing for expanded commercial/retail services and employment opportunities for the North Kona area in a manner that improves the economic and social well- being of the community. 1.3 DEVELOPMENT PROGRAM In response to the existing site features and the adjoining urban development, the project site would be developed as a master-planned commercial center in a manner that is responsive to the site characteristics and surrounding uses. The Conceptual Development Plan, as shown in Figure 2, provides for approximately 150,000 square feet of commercial space with larger commercial-retail outlets located near the project entry complemented by smaller retail shops centered on a pedestrian mall. Potential users include large retail outlets, specialty shops, restaurants, offices, theaters, day care center and other community service facilities. It is envisioned that commercial "pads" will be provided for lease or sale according to the Preliminary Subdivision Plan shown in Figure 3. SECTION l: Project Description Page 3 v - N C m fC c. o L W U1 d G LL J v Cn U 6 N O w a ¢ • ¢ m = U L) D C7 p (U/ LLU yo ~ rr m r ,V C d "~Y O N (t r ill t~\ N LL J Y~ , O o U 0 11 Z' C O co CO 0 w O U ! ~ l v IV ti Q 4N M011AIA FNV'IRONMENFAL RGPORT The plan is organized on a circulation system that provides for the efficient ingress and egress to all use areas and relates to the long-range circulation plans for the property. Although specific plans for the applicants property maulca of the project site have not been developed at this time, future development in the remaining portions of the Mohala property will consist primarily of residential uses. The circulation configuration for the project site is based on a preliminary plan which is expected to be updated over time as more detailed site information and program information of the specific uses are lmow. 1.4 DEVELOPMENT TIMETABLE The Mohala commercial center is expected to be built over a two to four year period, with the specific development timetable being dependent upon market conditions and cyclical fluctuations in market demands. Governmental approvals (SLU Boundary Amendment and Change of Zone) are expected to be completed in approximately 8 to 10 months, with the design and subdivision process requiring an additional 10 to 12 months. On this basis, the applicant expects to begin construction in late 1999. SECTION 1: Project Description Page 4 M01 IALA ENVIIZONNIENTAL REPORT 1.5 ESTIMATED INFRASTRUCTURE COST'S The estimated order of magnitude costs for infrastructure elements which are summarized in Table 2 are estimate to be in excess of $4.7 million. Table 2: Estimated Infrastructure Costs (On and Off-site) Cost Item Estimated Cost Roadway $153,800.00 Water System $121,200.00 (Including storage costs) Sewer System $500,000.00 Drainage System $200,000.00 Electric, Telephone and Cable $400,000.00 Grading/Site Preparation $2,730,000.00 Contingencv (15%) $615.000.00 Estimated Total $4,720,000.00 SECTION l: Project Description Page 5 2.0 DESCRIPTION OF THE AFFECTED ENVIRONMENT MCA IA1.A I:NV'IRON\1ENTAL REPORT 2.0 DESCRIPTION OF THE AFFECTED ENVIRONMENT 2.1 PHYSICAL ENVIRONMENT 2.1.1 Physiography and Climate Located at the foot of the Hualalai mountain overlooking the town of Kailua-Kona, the project area is situated on an a'a lava flow covered by a very thin and rocky laver of organic soil. From the mauka edge of the project site, elevations range from 240 feet MSL to approximately 175 feet MSL near the makai boundary, with an average slope of between five to ten percent. The predominant topographic feature is a drainage gulch which extends into a small portion of the property near the makai boundary. Due to the wind shadow effect caused by Mauna Loa and Hualalai, 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. The average daily temperatures range from a minimum of 61 degrees to a maximum of 79 degrees Fahrenheit. The annual rainfall averages approximately 75 inches, with the summer months receiving the majority of rainfall. 2.1.2 Geology and Soils Nearly the entire Kailua-Kona area rests on volcanic alchilitic basalt, which is highly permeable and well drained. Soils in Hawaii are commonly rated in terms of three classifications systems: 1) Detailed Land Classification, 2) Soil Survey and 3) Agricultural Lands of Importance to the State of Hawaii, which are discussed below. Detailed Land Classification Using a five level productivity rating from A (highest) to E (lowest), the 1967 Detailed Land Classification from the Land Study Bureau categorizes the soils within the project site as "D" and "E" soils, which are considered generally marginally suitable or unsuitable for agricultural purposes. None of the subject lands are categorized as A or B, soils which are considered important to maintain for agricultural purposes under Hawaii Revised Statutes 205-4.5. The Detailed Land Classification is shown in Figure 4. SECTION 2: Description of the Affected Environment Page 6 13 iye. E2 ,"y"~;;788 y~ r wN29~SA Hf. .Y rr}f' •y~ri.. ~~~r fF I 'yT~e../ l Wilt ®~r r-.y~1r y'"i ~'x"Y'•'y(' f ' ~ r i 1 -F ~ ' J Aawl ~f~..~ik... t r9e/ r U a t•{ ^r• ~8~'V'yF 0 Y ! 41 t.)S fyk"m -tJrr! 1 r,r r ? rt '71rjj~' I"~y rr~'.Xr .j: _'3'frt` 13 .:`~1r • ;E233f...i`~.'~ '.1M,, tp; t• . v w,~ : X FIGURE 4 Detailed Land Classification MOHALA COMMERCIAL VILLAGE Sowax Land Study Bureau, Univ. of Hawaii - 0 1000 2000 State of Hawaii, may 1887 VINENOME7 May 1998 ® NIdHAIA EM'IRONNIEN1'AI. REPORT Soil Survev Soils on the site are identified by the Soil Survev of the Island of Hawaii as primarily WHC and RPYD with both the Wahiawa extremely stony silt loam series with slopes of six to twelve percent, and Punalu'u extremely rocky peat series, with slopes of six to twenty percent. There are also limited areas of the RKED and rLW, which are the Kaimu extremely stony peat series, with slopes of six to twenty percent, and a'a flows. These soils are rated "poor" as topsoil due to their rocky character, relatively thin soil depths, and moderate erosion potential. The Soils Survey Map in shown in Figure 5. Agricultural 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: 1) prime; 2) unique; and 3) other important lands. None of the lands within the project site are listed as "prime", "unique" or "other important" agricultural lands. The ALISH Map is shown in Figure 6. Agriculture Due to the generally poor quality of soils within the project site, impacts to the agricultural potential for the project lands are expected to be minimal and insignificant. The proposed development will result in a curtailment of the present limited use of the project lands for grazing purposes, however, this impact is not expected to be significant given the marginal quality of these lands and the extent of other more suitable grazing lands in the region. 2.1.3 Flora and Fauna Flora Based on a botanical survey prepared by Kenneth M. Nagata, the area is classified as xerophytic grassland consisting of Guinea grass with emergent stands of koa haole and an upper canopy of scattered kiawe trees. The vegetation of the project site is dominated largely by Guinea grass, which covers approximately 90 percent of the ground. No native plant communities exist in the property. Of the total of 70 plant species inventoried during the botanical survey for the Mohala property, only six are native, of which two are considered "possibly indigenous" and the remaining four "indigenous". All are common low- land species and only two are found in significant numbers within the site. The botanical survey found that native species constitute an inconsequential proportion of the total vegetation and none are considered rare, endangered or threatened (Appendix A, Botanical Survey). SECTION 2: Description of the Affected Environment Page 7 A ,LV`-- rPYUi; Al r ` rQaV Q I rLW - R .lam .rPkE/ KED REC HVU t , B w~ '.r •1f EC f le 17 o rLV _ ~ r it r ~4 5 , f r • rP~l~-"r t . • u / e FM • ^ rPXE rKED = ,.y• ~LW Wk ~4 \\I Yr / 1^ ~r ..rye ~ i,/~~ 'r'". ~.f~ ~I..°~Y •r .'-s.• I~ HV[ ` -YLW~.. ~ v' ,r r / t f~~'f r./ + .f ./'KED a "'•...•_y •'••,~r 41 M y. l } ~ f 1 a.f •VI I / /~y~ ~T'1-K. " 'C% F ~ -./^:.r F 'Yr' ;i,r ' 't y Jr "i.¢r~ fd.• 3;;s. • K:.c r•I't `pr• r ~A•I i f.' ~ -"~;'j '~'A1~+1 ~ •r/~y`~'J`,~ •j~".t' ~ _r t7~ Tr y~ s.7R ..t'. ~~i~ji .:r?'.S L~,• t•*'~.yF Es~e:1.~ , YES w IIN 1 • T - • f llt Aff n r 0 or ?f r FIGURE 5 Soil Survey Map MOHALA COMMERCIAL VILLAGE Source: U.S. Department of Agriculture, Soil Conservation 0 1000 2000 Service & University of Hawai'i, August 1992 FEET May 1998 J Q 0 Q 4 i 00, Water- PRO SITE ECT 'GE ,•Wa A ~ T\ N a f ~ater0 LINE Kailua -do • - it . w., . ~C. i• ` NOW doom ~ - LINE °o • Wa r FEN E ~Oneb, I ~ ~ ~ i FIGURE 6 LEGEND ALISH Map OTHER IMPORTANT AGRICULTURAL LAND MOHALA COMMERCIAL VILLAGE ® 0 825 1250 Source: Dept of Agriculture - State of Hawaii. Jan. 1977 FEET May 1998 h101IAIA ENViRONi IENTAL REPORT Recent interest has been directed towards identifying potential habitats of the Plutella, or I lawaiian Caper moth, due to its potential listing as a candidate threatened species.' This species is known to breed solely on the Pua Pila plant (Capparis sandivichiana) which, through the botanical survey, was not found to be present on the project site. The earthwork and excavation that would accompany development of the proposed project would change the vegetative character of the project area from a predominantly scrub grassland with stands of koa haole and scattered kiawe trees, to a more formal urban environment. However, because the common native plant species found on the property constitute an insignificant fraction of the total vegetation, the proposed project should not pose a significant threat to Hawaii's native flora. Fauna According to the bird and mammal survey conducted by Phillip L. Bruner, the fauna of the project site consist primarily of introduced bird species, such as the Japanese White eye, Zebra Dove, 'douse Finch, Northern Cardinal, Yellow-fronted Canary, Spotted Dove, Common Myna, Nutmeg Mannikin, Warbling Silverbill, Yellow-billed Cardinal, Black Francolin, and the Saffron Finch. Small Indian Mongoose, cats and pigs were the only mammals noted during the survey. Rats and mice were not seen, but are likely to occur on the property. (Appendix B, Survey of the Avifauna and Feral Mammals). No evidence was found that any endemic or endangered species utilize the area, although it is possible that the Hawaii Hoary Bat may occasionally forage or roost on the property and the Pueo and 'lo may occur at times in this area. 'lo are currently listed as an endangered species and, like most predators, forage over a large area. With regard to cave invertebrates, the only cave structure that is known to exist on the property was identified as a result of an archaeological pedestrian survey which covered the full property. This single cave is located mauka of the project site at the approximately 260-foot elevation and measures approximately 16 feet in length with a restricted opening. In that this cave structure is located outside the project site, development is not expected to impact the cave site or any cave vertebrate that may be present within the structure. 'U.S. Fish and Wildlife Service Briefing Sheet on Hawaiian Candidate Species. SECTION 2: Description of the Affected Environment Page 9 C KN 4AIA E[ IVIRON\IENi'AL REPORT The Hawaiian Caper moth, a potential candidate for threatened species, was not found «ithin the project site and, as noted above, due to the absence of supporting vegetation (Capparis sandivichiana), is not likely to be present. Development of the project site, therefore, is not expected to have any impact on this species. The proposed development will alter the nature of its bird and mammal communities, however, the only native bird species that may be affected by changing the land use in the area would be the 'lo, as they are known to be territorial around their nest. Because no nests are known to occur on the project site, no impact is likely and no further mitigation measure beyond the planned revegetation is necessary. It is also unlikely that the proposed development would affect the pattern of use of the area by the Hawaiian Hoary Bat which is known to adapt to the presence of habitations in the vicinity of its roosting and feeding areas. In general, the replacement of the present grassland habitat by landscaped urban environment may decrease the abundance of some bird species but increase the density and diversity of other birds. 2.1.4 Historic and Archaeological Sites An Archaeological Inventory Survey of the full M6hala property (126 acres±) was conducted by Scientific Consultant Services, Inc (Appendix Q. The survey accomplished three primary objectives: 1) identify and record archaeological sites and features located within the project area; 2) evaluate the potential significance of all identified archaeological remains; and 3) recommend the general scope of any subsequent archaeological work that might be deemed necessary or appropriate. Based on the survey results, the property was found to be situated within the Kona Field System (Site 6,60 1). Many of agricultural features, which are considered to be part of the Kona Field System were observed throughout the property, including modified outcrops, terraces, a platform, walls, a lithic scatter, two U-shaped walls, and mounds. Additional the Great Wall of I' Cualdni extends along the makai boundary of the property. A total of 18 archaeological sites, comprised of 151 features, were recorded. The sites vaned in complexity from single feature sites to multi-component sites, the largest of which consisted of 72 features. Probable functional interpretations include burial locations, agriculture, and habitation. Limited excavation was carried out during the inventory survey, and recovered material included traditional and historical artifacts, marine shell, non-human bone, sea urchin, coral, charcoal, basalt poi pounders, a hammerstone, and an abrader. Historic artifacts included a belt buckle, square nails, a screw, a bullet, lead, and pieces of unidentified metal. Recovered glass items were limited to one bottle and two pieces of broken glass. In addition, one piece of slate and one ceramic fragment were recovered. SECTION 2: Description of the Affected Environment Page 9 MORALA ENVIRONMENTAL REPORT Based on National Register for criteria for evaluation, all of the 25 sites recorded are potentially significant for information content (Criterion D), and one site is significant for its traditional cultural value (Criterion E) because of a known human burial which is located at the approximately 260 foot elevation, mauka of the project site. Sic additional sites were listed as potentially significant under Criterion E because they had been identified as possible burials. Further work has determined that a burial is present at only one of these sites, which is also located outside the project area. For those sites where no burials were found to be present, no further work will be needed. The appropriate treatment for the known burial sites would be preservation "as is" with no further work recommended. Of the 25 sites requiring mitigation, 23 require mitigation through data recovery (detailed recording of sites and features, surface collection, and selected limited excavation), and two sites (Sites 19056 and 19039) which are outside the area proposed for rezoning, are recommended for preservation. Site 19056 is a well preserved post-contact period site in the Kalu'ulu sub-zone. Site 19039 includes a possible burial site and a well preserved habitation feature and trail section. To mitigate potential impacts to the historical and archaeological resources of the project area, the recommendations of the consulting archaeologist in consultation with Department of Land & Natural Resources (DLNR) State Historic Preservation Office (SHPO) «311 be followed by the developer. Additionally, in concurrence with common practice and County grading permit requirements, should any unidentified subsurface cultural remains and/or surface features be uncovered in the course of development, grading will stop and a qualified archaeologist will be consulted to evaluate such features with regard to their potential significance. 2.1.5 Natural Hazards Potential natural hazards to which the subject property could be subjected include flooding, volcanic eruptions and earthquakes. Because the land and soil types are welled drained, floods due to rainwater and surface runoff across the property are unlikely to occur if County regulations pertaining to flood control are adhered too. Volcanic hazards in the area have been studied in detail (Mullineaux, Eddayo 1997). The proposed project site is located on the south-western slope of the Hualilai Volcano. The last volcanic eruption of Hualalai that effected the subject lands occurred in 1800 to 1801. Lava emerged from the north-west volcanic rift zone at about the 1,600 foot elevation (in the vicinity of Puhi-a-Pele cinder cone, just makai of Mamalahoa Highway) creating the flow that entered the ocean north of Keahole Point. SECTION 2: Description of the Affected Environment Page 10 Ncil IAIA ENVIRON\gENTAL RrPOIZT The volcanic and seismic hazards on the Island of Hawaii, prepared by the U.S. Geological Survev divides the Island into zones that are ranked from 1 through 9 based on the probability of lava coverage. The USGS Lava Flow Hazard Maps show the subject land, similar to all of Kailua-Kona and surrounding lands, to be %vithin Lava Flow Hazard Zone 4, which indicates that less then 15% of the land in this zone has been covered with lava in the past 750 years and a 5% lava coverage in the pass 200 years. Although lava flows on Hualalai have typically covered large areas, historic flows have been concentrated on its western flank, The closest flow being the 1800- 1801 flow that entered the ocean north of Keahole Point approximately 7.5 miles northwest of the project site. The project site is located on pre-historic lava flow which is estimated to be more then 10,000 years old. In addition to lava flow hazard zones, Tephra hazard zones (ash fall) have also been established for Hawaii. (Mullineaux, Eddayo 1997). The Mohala lands are located in the Tephra Hazard Zone 2 with indicates tephra falls from lava fountains could be frequent, but thin. Hazard zones for pyrociastic serges are not designated in the project area. The single pyroclastic serge hazard zone on the Island surrounds the Kilauea Caldera and extends to a distance of approximately 10 kilometer from its center. Hazard zones for volcanic acids, are the same for hazard zones for tephra i.e. Hazard Zone 2. The project lands area outside hazard zones for ground fracture and subsidence, however, earthquakes associated with volcanic events, primarily under ground magmatic movement of Hualalai have been reported. Based on historic data, earthquakes have a level of 6.4 Richter Scale magnitude to occur on the average of once every 62 years. The impacts of lava flows on the project site can only be mitigated with the intention of protecting life. Protection of property from lava inundation has proven to be relatively ineffective on a regional scale. Therefore, mitigation of lava flow hazards would be limited to the provision of adequate evacuation routes and civil defense warning systems designed to provide users of the project site with as much advance notice of a threatening lava flow as possible. Mitigation hazards associated with earthquakes include adherence to County Building Code and Standards in order to minimize potential damage to structures. All buildings and structures within the proposed project will be designed and constructed in compliance with applicable Building Codes and Standards. SECTION 2: Description of the Affected Environment Page I I Nb-tl IAIA EM'IRONNENTAL REPORT 2.1.6 Air and Noise Quality Air Oualitv Generally, air quality is affected by regional and local climate, together with the amount and type of 1•uman activity in a given location. Both Federal and State ambient air quality standards have been established which regulate six parameters, including: particulate matter, sulfur dioxide, nitrogen dioxide, carbon monoxide, ozone and lead. There are no State or County air quality monitoring stations in the vicinity of the project sae, however, a monitoring station is planned in the North Kona District near the intersection of Halelci'i Street and Marnalahoa Highway. Although little air quality monitoring data are currently available for the area, it appears that both State and Federal ambient air quality standards are currently being met despite the persistent vog. No large stationery sources of air pollutants and no major industries which would contribute to air pollution are located within the project area. Air quality in the vicinity of the project is presently mostly affected by emissions from natural and vehicular sources. The dominant factor for the past several years has been the volcanic haze (vog) from IGlauea Volcano, which eventually drifts into the Kona area from more than fifty miles away. Other natural sources of air pollution that may affect the air quality of the site include, plants and windblown dust. Although the proposed commercial development would increase traffic in the area, the projected level of project generated traffic at build out is not expected to generate significant levels of air pollutants and those that are generated would be dispersed rapidly by the prevailing wind. There could be short-term air quality impacts due to construction activities, especially during clearing and grubbing operations. However, these impacts can be mitigated through covering transported materials, water spraying, and planting of ground cover as soon as practical. Noise Ouality Existing background ambient noise levels are influenced by the natural sounds of wind, water, foliage, and birds, and are usually estimated at less than 45 Ldn. Manmade noise is generally associated with traffic along Queen Ka'ahumanu Highway. After completion of the project new noise generators are expected to be motor vehicles traveling on roads within the project and on the highway adjacent to the site. Overall, the increased noise level is anticipated to remain well within acceptable levels, i.e., not exceeding 55 Ldn. Noise quality assessments for larger mixed-use commercial projects in the region, such as SECTION 2: Description of the Affected Enviromunent Page 12 NOI IAIA LNV'IRONNILNTAL REPORT the planned Queen Liliuolcalani Trust Project in Kailua-Kona, support this conclusion. In the short term, construction will also contribute to temporary increases in noise levels to the project area. Standards and guidelines established by the State Department of Health, such as limiting construction to daylight hours and requiring emission controls on motorized equipment, would be followed to mitigate the impact on ambient noise levels. Although some new noise would be generated by the increase in traffic and human activity onsite, no significant adverse noise impacts are expected from the proposed development. 2.1.7 Scenic and Visual Resources The project site encompasses approximately 14.9 acres maulca of the Hawaii Belt Highway, %vith elevation ranging from 175 feet above mean sea level (msl) at the malcai edge to about 340 feet msl at the maulca edge. Views across the property are provided primary from along die Hawaii Belt Highway, with the primary visual resource being the distant view to the mountain. The s eject lands are proposed for a mix of commercial and retail facilities. These uses will generally be one and two stories in height and would be limited by the zoning regulations to a height of 45 feet, similar to the existing zoning height limitations for Agricultural and Unplanned Districts. Therefore, the proposed urbanization and planned development .vould not impact existing view to the mountains, beyond,.,-hat may occur under the current agricultural land use designation. However, the character of the views across the property would change from an open scrub vegetation to a primarily landscaped urban character and commercial facilities would be clearly visible from passing motorists, which may be similar in scale to the existing commercial facilities on the adjacent lands. 2.1.8 PUBLIC SERVICES AND ENGINEERING REQUIREMENTS 2.1.8.1 Schools Public schools which serve the area, including the subject property, are considered part of the Konawaena School Complex. These include Konawaena High-Intermediate, Kealalcehe Elementary-Intermediate, Holualoa Elementary, and Kahalcai Elementary School. Because of existing classroom shortages, combined with a projected enrollment growth, three new schools, Konawaena Elementary, Kealalcehe II Elementary, and Kealalcehe High are being planned to alleviate any potential problems stemming from enrollment increases. The proposed mixed-use commercial project, however, is expected to have no direct impact on area schools. It is acknowledged that a project which provides employment opportunities SECTION 2: Description of the Affected Environment Page 13 y MC)I lAIA ENVIRONMENTAL REPORT can influence population growth and, therefore, have an indirect impact on area schools. Due to the relatively small size of the proposed commercial development, though, these impacts are not expected to be significant. 2.1.8.2 Parks and Recreation Existing parks and recreational facilities in the North Kona District include nine County parks and two State parks which provide meeting places, picnic areas, tennis, basketball, playgrounds Nvith s%Nings, pavilions, and lighted fields for soccer, baseball, softball and football. Kailua Park, located at the Old Kona Airport, consists of 14 acres and includes lighted play fields, tennis courts, meeting facilities, restrooms, park offices, and a bike track. County beach parks in North Kona include White Sand Beach (Disappearing Sands), Pahoehoe Beach Park, and Kahaluu Beach Park. Wilderness recreational opportunities are available in the Honuaula Forest Reserve on the upper western slopes of Hualalai, however, no facilities have been developed in the Forest Reserve area and there are no improved public access roads available. The project, being a commercial development, is not expected to impact recreational facilities in the region. 2.1.8.3 Medical Services The nearest available public health facility is the State Department of Health's Kona Hospital at Kealalcekua, %vhich is one of five licensed hospitals operating on the Big Island. The community facility was established in 1975, and expanded in 1981. Presently there are 44 beds, 48 physicians, 119 RNs & LPNs, and a total of 294 employees. Specialty services offered by Kona Hospital include medical; surgical; OB/GYN; ICU; emergency room; chemotherapy; and long-term care. The proposed project, due to it's limited size and commercial use, is not anticipated to add significantly to the demand for emergency or daily medical care facilities in the Kona area. SECTION 2: Description of the Affected Environment Page 14 M01IAVA ENVIRONMENTAL REPORT 2.1.8.4 Police / Fire Services Police Services The project area police services are provided by facilities located in Kealakelle. The main station is staffed by approximately 50 officers including specialized units of detectives, a juvenile aid section, an intelligence unit, and vice officers. The specialized staff operate only during the day shift, .with remaining personnel divided into 3 shifts providing 24 hour coverage with a minimum of 8 officers per 8 hour shift. At present, these facilities appear to be adequate to serve existing area requirements. Fire Protection Services Fire protection facilities are located in Kailua-Kona. The Kailua Station, located at the intersection of Palani and Queen Ka'ahumanu Highway, is the 'I st-in" district station, and staffed by a total of 16 personnel divided into 3 twenty four hours shifts of twelve personnel at any on time providing 24 hour coverage. Each shift is staffed with personnel trained in scuba diving, mountain rescue, ocean search and recovery, and certified lifeguards. Equipment consists a first line truck called a'Quint', which indicates that it is equipped with all 5 fire response mechanisms consisting of a 1500 gallons per minute (GPM) pumper carrying 1000 gallons of water, a ladder, a hose, and personnel; one ladder truck, which is equipped similar to a Quint, along with a 65' aerial tower and an ambulance. The Kailua-Kona station, which is located less than a half a mile north of the project site, also provides rescue and conventional fire protection facilities. Volunteer stations at Hualalai and Kona Village add private support services. Existing police and fire facilities in the Kona region should be able to accommodate the limited demand for additional protective services expected as a result of the proposed commercial project. The close proximity of the Mohala project to the Kailua Fire Station will allow for a rapid emergency response should these services be required. 2.1.8.5 Water System Existing well sources that service the North Kona area include the Kahalu'u wells A, B, C and D, the Holualoa well, the Hualalai well and the Queen Liliuokalani Trust well, which collectively are estimated to have a combined safe yield of 5.4 MGD. In accordance with its Water Master Plan, the State is expected to drill an additional well in the region. SECTION 2: Description of the Affected Environment Page 15 \Iii11A1.A ENVIRONMENTAL RLPORT Recently, the water transmission facilities along Mamalahoa were upgraded from an eight- inch line to a twenty-inch line from Malcalei Plantations to the Palani Road/Queen Ka'ahumanu junction. There is also a twelve inch water line along Queen Ka'ahumanu Highway and an eight-inch water line from Henry Street to the property boundary which will be upgraded to a twelve inch line to serve as the transmission source to the project site. The projected water demand for the proposed mixed-use commercial facility is expected to be approximately 26,000 gallons/day, with an additional fire flow requirement of 2,000 gallons/minute for two hours. Given the water system infrastructure and resources servicing the area, the County ,vater system, with the proposed transmission line upgrade to the project site, is expected to adequately service the project requirements. Currently, the developer is seeldng to acquire water commitments from the Department of Water Sul ::ly for 75 units which would be sufficient to meet the full needs of the proposed commercial development. A more detailed description of the project water and other infrastructure system requirements and improvements are found in the project engineering report. (Appendix D) 2.1.8.6 Drainage System The Federal Emergency Management (FEMA) Flood Insurance Rate Map (FIRM) for the project area has undergone several revisions recently with the completion of the adjacent Crossroads property and the proposed development of the subject property. Portions of the property, especially at the south-western comer are shown to be affected by the floodway. The floodway impacts would be minimized by appropriate floodway improvements in the affected areas and the provisions of additional onsite retention, where appropriate. The Flood Insurance Rate Map is shown in Figure 7. No commercial structures would be located in the floodway or flood fringe area. Onsite drainage will be handled by way of dry wells and associated drainage improvements such that any additional runoff generated from the proposed project will be mitigated onsite and downstream properties are not impacted. All drainage structures and related improvements will be designed in accordance with applicable Hawaii County design criteria and standards. SECTION 2: Description of the Affected Environment Page 16 Mr iICNAI ILOCC INSURANCE PROGRAM N FIRM FLOOD INSURANCE RATE MAP soc o soo MAP LEGEND ~li~! H.4~~'411 COl`1Tl'. ~.~I I''!~II! HA~1'.411 ® Revised 100-Year Floodploin ~.i !III Revised 500-Year Floodploin I rrirM MtiMU,C1111,wfl Di M1. . rt~ r ONE II!Ill i!I e r 5/ ( 1= COMMUNITY-PANEL NUMBER _ 155166 0713 0 / - - - _ MAP REVISED: MAY 16 994 ~gc."~•, ONE X Z Z A - r _ ~I e Drv Mange - % - _Z O E X Culvert / - - - _ - ZONE IS X% ZONEAE _ ZONE ZONE X - o -ZONE X_ _ _ _ LIMROFDETAILED 140 STUDY k'41 - _ _ . 7 8 130 t - - - nN>'ONP SSPEE DETAILED FIGURE 7 Flood Insurance Rate Map MOHALA COMMERCIAL VILLAGE 0 500 1000 Source: National Flood Insurance program, FEMA, Sept 1990 ® FEET May 1998 M(ll IAIA ENVIRONMENTAL RI7PORT 2.1.8.7 Sewerage System The Kealalcehe Wastewater Treatment Facility provides sewer service to the Kailua-Kona area including the project site. The project site is located in Sub-Zone 1 on the Southern Zone Sewer Service Area. This area, which encompasses approximately 713 acres, extends from the southerly boundary of the Queen Liliu'okalani Trust lands to Heinaloli drainageway, and from the Queen Ka'ahumanu Extension maulca to the Old Heinaloi- Kahului Road right-of-way. The Kealakehe Wastewater Treatment Facility currently has a capacity of 4.89 mgd and is expandable to 7.82 mdg. Current flows to the facility are approximately 0.6 mgd which indicates there is ample reserve capacity to meet the expanding needs of the Kailua-Kona area, including the proposed development which will generate an estimated flow of approximately 144,100 gallons per day. Recently, the sewer transmission system was expanded in the area of the project site with the completion of the Crossroads commercial project to the north and the Malulani Garden residential project to the south where 12" sewer lines were extended from Queen Ka'ahumanu Highway (Hawaii Belt Road) to each of these developments. The project site could be served from any of three locations; from Henry Street through the project access road (Road "A"), which includes a 12" sewer line that extends to the project boundary; from the 12" line to Malulani Gardens or from and 8" lateral which connects the adjacent property to Lite south (Kanuha Property) to the 12" line at Mahulani Gardens. Given the existing infrastructure serving the project area and the available capacity of the Kealalcehe Wastewater Treatment Facility, it appears that the limited project demands for wastewater treatment can be readily handled through the existing County, wastewater transmission and treatment system. 2.1.8.8 Solid Waste Disposal Solid waste from the project will be collected by commercial haulers and disposed of at the nev County landfill at Pu'uanahulu, North Kona. The landfill has an estimated life of over 100 years. Currently, the landfill is accepting waste from the entire Island with daily volume of 350 tons per day. Typically, a commercial project of similar scale will generate approximately 10 tons per day (one truck load) or approximately 3,600 tons per year. However, the County through their Integrated Solid Waste Management Plan has identified several measures aimed at reducing the waste stream to the Island's landfills and has an overall goal of a fifty percent waste reduction the landfill by the year 2000. SECTION 2: Description of the Affected Environment Page 17 Mot IAI.% LNV'IROMMLNTAL RLPORT Similar to other commercial developments, the proposed commercial project would be required to develop a Solid Waste Management Plan as a condition of zoning approval. The Plan would address the anticipated waste volume reduction measures, proposed volume reduction measures, proposed disposal and transportation methods and potential impacts to the County Solid Waste Facilities. It is anticipated that the solid waste generated by the project will be disposed of by commercial haulers. These private haulers have source separation options for glass and paper, should these measures be included as part of the project's Solid Waste Management Plan. Solid ,.waste .vould be collected and disposed in compliance with all applicable Federal, State and County piles and regulations. Because the proposed project will not cause a change in the manner of collection and disposal, and because there is ample capacity at the County landfill to accommodate the projected waste generate from the project, the proposed project is not expected to result in any adverse impacts relative to solid waste disposal. 2.1.8.9 Electrical, Telephone and Cable Services Electrical Power Electrical power service would be provided by Hawaii Electric Light Company (HELCO) from substation located off Palani Road and overhead lines that run to the property. Underground service is also available from improvements made to Henry Street extending to the adjacent Cross Roads development. The present capacity of HELCO's generating facilities is approximately 150 megawatts (MW) and HELCO has plans to expand the capacity to 200 MW by the year 2005 with a reserve capacity of approximately 30 percent. Given the limited size of the proposed commercial project and the utility's existing and projected reserved capacity the projected power demands for the proposed project at build out, are not anticipated to have a significant impact on the utilities ability to meet the growing demand of the area. However, coordination with the utility's engineers well in advance of development will insure that the provisions of electrical power are integrated with the planned utility system improvements in the area. SECTION 2: Description of the Affected Environment Page 18 \I~iI INA ENVIRONMEN"FAL luiloRT Telephone/Cable Service Both telephone and C.ATV are also available from the Henry Street extension. There are no offsite development costs associated with power, telephone and CATV for the property as the existing capacity and transmission facilities are more than adequate for this project. 2.1.8.10 Vehicular Circulation/Traffic The proposed development traffic would utilize a new access road, Road "A," to be constructed from the makai project boundary adjacent to the existing Crossroads development and connect to Henry Street across from the entrance to Wal-Mart. The proposed Road "A"access road will consist of a 36-foot wide roadway with curbs, gutters and sidewalks. ,s two lane roadway will include a center lane to accommodate left turns into project dn, cNvays and parking lots, and will have no on street parking. The Traffic Impact Analysis Study completed for the project (Appendix E), which was based on traffic counts taken at the intersection of Henry Street and Road "A" and the Henry Street/Queen ICa'ahumanu Highway intersection, assessed the existing level of service (LOS) and compared future traffic levels without the project to future traffic levels with the project at build-out. The current Level of Service (LOS) at this intersection is LOS B for the AM and PM peak hours. The Traffic Impact Analysis found that following completion of the proposed project the level of service at this intersection would remain at LOS B for both the AM and PM peak hours. With the improvements planned by the State Department of Transportation (DOT) to Queen ICa'ahumanu Highway and the intersection with Henry Street, the level of service, with the project at build-out will be improved from the current LOS F during the PM peak period and LOS C. The State Department of Transportation (DOT) Island of Hawaii Long Range Land Transportation Plan (Draft Final Report, January, 1998)outlines several improvements to the area including the widening of Queen Ka'ahumanu Highway to four lanes, and intersection improvements, initially as far south as Henry Street and eventually extending to ICualdni Highway. The timetable for these improvements, based on initial discussion with the State DOT personnel, would be within five years pending approval of the necessary funding. Implementation of the project related improvements, together with planned improvements by the State DOT to the Queen ICa'ahumanu Highway will result in a maintenance of the current level of service (LOS) at key intersection including the intersection of Henry Street and Queen Ka'ahumanu Highway. SECTION 2: Description of the Affected Environment Page 19 3.0 CONFORMANCE WITH STATE AND COUNTY PLANS .jM01IAVA ENVIRONMENTAL REPORT 3.0 CONFORMANCE WITH STATE AND COUNTY PLANS 3.1 CHAPTER 205, HAWAII REVISED STATUTES (HRS) - LAND USE COMMISSION Currently, the project site is designated within the "Agriculture" district by the State of Hawaii Land Use Commission, as shown in Figure 8. To implement the proposed project, a district boundary amendment conforming to the State of Hawaii Land Use Commission (Hawaii Administrative Rules, Title 15, Subtitle 3, Chapter 15) would need to be approved. The applicant plans to submit to the County the appropriate State Land Use Boundary Amendment Petition for the approximately 14.96 acre project site, concurrent with an application for Change of Zone. The proposed boundary amendment must conform to the Commission's standards for determining Urban District boundaries as contained within Section 15-15-18. The standards are addressed as follows: Standard One (1): It (the Urban District) shall include characterized by "city-like" concentrations of people, structures, streets, urban levels of services, and other related uses. Response: The proposed project represents a local extension to the town of Kailua-Kona. Residential developments are planned to the east of the project site. Immediately adjacent is the recently completed Crossroads commercial project, and further commercial developments are planned directly makai of Queen Ka`ahumanu Highway. The extension of Henry Street provides access from the project site to Queen Ka`ahumanu Highway. These adjacent uses are "city-like" in concentration and the proposed project would expand this general characteristic. Standard Two (2): It (the Urban District) shall take into consideration the following specific factors: (A) Proximity to centers of trading and employment, except where the development would generate new centers of trading and employment. SECTION 3: Conformance with State and County Plans Page 20 MCAIAIA ENVIRONIIEN'1'Al, REI'OIYf Response: The proposed project would be proximate to the trading and employment center of the town of ICailua-bona. (B) Substantiation of economic feasibility by the Petitioner. Response: A preliminary market analysis by the applicant indicates a current shortage of commercially zoned property and a significant demand for fee-simple commercial property in the ICailua-Kona area, especially with the locational and site characteristics of the proposed project. Development costs have been estimated to be comparable to other projects of similar scale, thus substantiating the economic feasibility. (C) Proximity to basic services, such as sewers, water, sanitation, schools, parks and police and fire protection. Response: The Whala project is contiguous to the recently completed Crossroads commercial development. Access to the property would be provided by an extension through the adjacent Crossroads project to Henry Street which extends utilities and County water and sewer service to the project site. Infrastructure will be improved to provide required capacities to serve the project. The long-term entitlement and development time frame will allow for planning and coordination of the development in concert with the expansion of community facilities and services. (D): Sufficient reserve areas for urban growth and appropriate locations based on a ten (10) year projection. Response: The proposed development is located in an appropriate location for urban growth, as indicated on the County's General Plan and the Kona Regional Plan which designate the project area and surrounding lands as being appropriate areas for urban expansion and general commercial use, respectively. The project site is contiguous to existing urban areas and is located adjacent to major transportation corridors. Because of its locational SECTION 3: Conformance with State and County Plans Page 21 $ 'j• wl ~ it .•i U waiu 1 wqp i PR .SECT SI L lAg ~iPi \ 4 Kailua r 13 i1Nt 1 A~ . 1 ...r J ~w1~ = 1 1 nim W 1' 2 _ • ViVf wit., 22!&- 1r _ 0/.b-r1 1,48 01 dt-b * yp' l K A :N AAA i' \ a _ G'n`^\ ~ l al. 1, u LEGEND FIGURE 8 Urban State Land Use Agriculture MOHALA COMMERCIAL VILLAGE mla~ Source: State Lend Use Conwniesion, printed 3/10/94 0 1000 2000 (base dated 1960) ® FEET May 1998 MCA IAIA ENVIRONti1ENTAL REPORT advantages, proximity to major transportation corridors and other regional commercial uses, the Mohala project serves as an appropriate expansion area for the urban growth for Kailua-Kona. Standard Three (3): Lands included (.within the Urban District) shall be those with satisfactory topography and drainage, and reasonably free from danger of floods, tsunamis, unstable soil conditions, and other adverse environmental effects. Response: Having an overall slope of less than ten percent, the topography of the proposed development area is ideal for urban development. Existing drainage would remain intact and additional drainage systems would be installed to meet the project requirements. The Flood Insurance maps show that the project is largely outside the area of the 500-year flood, except for a small portion the south eastern corner which will not be impacted by the proposed commercial structures. Additionally, the U.S. Geological Survey indicates that the project site, similar to the entire Kailua-Kona area, is within the volcanic and seismic hazard Zone 4, indicating a relatively low exposure to volcanic and seismic hazards. Standard Four (4): In determining urban growth for the next ten (10) years or in amending the boundaries, lands contiguous with existing urban areas shall be given more consideration than noncontiguous lands, and particularly when indicated for future urban use on the County General Plan. Response: The petition lands are contiguous to existing urban areas and are indicated for urban expansion and high density urban development on the County General Plan and, therefore, merit more consideration than noncontiguous lands. Standard Five (5): It should include lands in appropriate locations for new urban concentrations and shall give consideration to areas of urban growth, as shown on the State and County General Plans. SECTION 3: Conformance with State and County Plans Page 22 Nc)IIAI.A ENVIRONMENTAL REPORT Response: The proposed development is in concert with the State of Hawaii, West Hawaii Regional Plan, 1989 which encourages the infill of urban areas between Kailua-Kona and I(eauhou. Additionally, the County General Plan designates the area for urban expansion and high density urban development. The site is also adjacent to existing urbanized parcels to the north, south and west. Standard Seven (7): It shall not include lands, the urbanization of which will contribute to scattered spot urban development, necessitating unreasonable investment in public infrastructure or support services. Response: The proposed development does not constitute a scattered or spot development due to the proximity to adjacent urban development. 3.2 HAWAII STATE PLAN The Hawaii State Plan, as set forth in Chapter 226, Hawaii Revised Statutes, consists of a series of long range comprehensive plans, goals and policies which serve as a guide for the growth and future long-range development of the State. Amendments to the Land Use District Boundary must consistent with these plans and policies. The goals of the Hawaii State Plan and their relationship to the proposed project are as follows: 1) Goal: A strong, viable economy characterized by stability, diversity, and growth that enables the fulfillment of the needs and expectations of Hawaii's present and future generations. 2) Goal: A desired physical environment characterized by beauty, cleanliness, quiet, stabile and natural systems, and uniqueness that enhances'the mental and physical well being of the people. 3) Goal: Physical, social and economic well being for individuals and families that nourishes a sense of community responsibility and caring of participation in family life. SECTION 3: Conformance with State and County Plans Page 23 M01IALA ENVIRONf IrNTAL REPORT Response: The proposed project would contribute to the attainment of the three goals, in that the project would provide direct and indirect short and long-term employment opportunities for the present and future residents of North Kona and West Hawaii; the proposed project would generate increased State and County tax revenues; and the project would contribute to the stability, diversity and growth of local and regional economies. The key elements of the proposed project, relative to the above goals, are that the proposed project would provide employment opportunities in a planned setting wherein the design, operation, maintenance and provisions for environmental protection can be effectively, efficiently and economically controlled; and would provide these opportunities close to existing and planned developments such that travel times are minimized and yet would be sufficiently removed from planned and existing residential developments such that activities within the project are not a nuisance to nearby residential communities or other related activities. Further, by providing commercial opportunities within a planned setting with expanded opportunities for employment and community services, the proposed project would enhance a sense of responsibility and community participation. 3.3 CHAPTER 343, HRS, ENVIRONMENTAL IMPACT STATEMENT REGULATIONS An Environmental Impact Statement (EIS), as defined by Chapter 343, Hawaii Revised Statutes, and by the State Environmental Quality Commission Rules and Regulations is not required for the proposed use as none of the following actions apply to the proposed project. No amendments to the County General Plan are required; no Conservation lands are involved; no State moneys are expended; no use of State or County lands is anticipated; no use is proposed within the shoreline area; the proposed use is not within the Waikiki Special District of Oahu or a historic site designated in the National or Hawaii Register; and a helicopter facility is not being planned. SECTION 3: Conformance with State and County Plans Page 24 MCMAIA ENVIRONMENTAL REPORT 3.4 GENERAL PLAN FOR THE COUNTY OF HAWAII The proposed development conforms to the policies of the General Plan for the Countv of Hawaii and the terns of those policies outlined under economic, energy and environmental quality, flood control and drainage, housing, public facilities and utilities, transportation, land use, agriculture, and commercial headings. The General Plan, Land Use Pattern Allocation Guide (LUPAG) designations related to the subject property, which are shown in Figure 9, indicate that the project area is designated for high-density urban development and urban expansion. The development's relationship to relevant General Plan objectives is addressed as follows: • The County of Ha.vaii to assist in expansion of the agricultural industry, especially diversified agriculture through the protection of prime agricultural lands, capital improvements, and other programs, and continued cooperation with State and Federal agencies. Response: The implementation of the proposed project will have no impact on Prime or Unique agricultural lands in the County of Hawaii. Therefore, removal of the property from the Agricultural designation will not adversely affect the availability of lands within the County for diversified agriculture. • The County shall require a study of total significant social and physical impact of large developments prior to approval. Response: As indicated by this environmental report, development of the project area would not negatively impact environmental resources of the area. Implementation of the proposed project will provide commercially zoned property in an appropriate setting to help meet the region's growing commercial needs. 0 The County of Hawaii's land, water, air, sea and people shall be considered essential economic resources for present and future generations and should be protected and enhanced through the use of economic incentives. SECTION 3: Conformance with State and County Plans Page 25 MCA 1A1 A ENVIRONMENTAL REPORT Response: The developer intends to provide a master planned commercial development appropriate to the capacity of the area and in a manner that will add to the economic and social resources the of Kailua-Kona region. • The County of Hawaii shall strive for an economic climate that provides its residents an opportunity for choice of occupation. Response: The proposed development will furnish short-term construction jobs, as well as a range of long-term employment opportunities that are in close proximity to settlements in or around the town of Kailua-Kona. • It is the responsibility of both the government and the private sector to maintain and improve existing drainage systems and to construct new drainage facilities. Response: The proposed project has been designed to minimize drainage impacts. The developer will construct new drainage facilities on the site according to "Storm Drainage Standards", County of Hawaii, 1970, as revised. Such drainage systems will be constructed with consideration to all on and off-site drainage impacts. • Provide utilities and service facilities that minimize total costs to the public and effectively service the needs of the community. Response: Because the proposed project is adjacent to existing utilities and service facilities in the Kailua-Kona area and all onsite improvements will be constructed by the applicant, the total cost to the public is effectively minimized. • All water systems shall be designed and built to the Department of Water Supply standards. SECTION 3: Conformance with State and County Plans Page 26 Oc a +i.OC ' :0000 v CGMC`000~ .jQC 00')00 00 r r oG .o L . :Y - J'am' ~V' I'~l••YfA4 : l•.f~ .j. _i_ r. PROJECT SITE YFY~~,+iry:,r }r'.•1+y~}77LL4,•.v a _ ..i.. --1- _ v - - s - A y rrvL+ } Xv, i.. }''~N'.}A:'•+{:H}'S4!~~r{.iy:;r}':i ~.r'~$ :lr:'., ^:N'•.'~fr::}..., _r. 1 Fi O :•7 •.Y wr ~??ry ':{Y' • y~f. }:+1r .?n''•r:::jy'•xY'., T+ •uu•u rrw.•}~'+• {y:.. f{i y{.:} y"h'i'-l i'1 ~ .tea..: ! f:::;:.. r:v:ter., - w.a L ~.1J Y • ' / ~{y?,'f}LV ;tip:{{.,h• y : BA! '~.ia' • ` , } iA•fr :?::;j{3.''i'.tiyr+ Fe r: yr • fr: x • Y r ~'7{O}'.:rii''++I}ryirY•.. •\vry~4'r•'<•, }r- • r A. {'{}4<.....r:.:?.:y}{<$'i}rt{•~ ryn}~µ{ 11a1 i. GS:Y'7•;}fri;r;j'•..'r~~.i•:~4<?~;}:; r+y\~% a-i-~4- .a» - L~•••• {~+:i'rfr:'r'O rr+ +~}!4{r<::}er4~L:. +~;i{, ~T,», ~ r,`r.. fr6•.+ . . Y LEGEND HIGH DENSITY URBAN oo ORCHARD HDU MEDIUM DENSITY URBAN EXTENSIVE AGRICULTURAL FIGURE 9 MDU k:LA LOW DENSITY URBAN v OPEN AREA Hawaii County General Plan LOU RESORT [j F-A URBAN EXPANSION MOHALA COMMERCIAL VILLAGE Source: Haw" County General Plan, LUPAG Map, ® 0 525 1250 Adopted Nov. 14. 1989 VINJ FEET May 1998 Y ;)j M ~ c µOKAL~LE v 8 4 5 2 ~ Zj ~ o r. n o i A 0 ~ PROJECT SITE / p t~ N 0 U p se=- 1. N 1-4 C of LEGEND C= p Q r.u ..u.r ar rn 9 J A f T Q r.~ ..•at-r rn ~ X's Q r.. ..at..••aI r rn (Q ra rr• a•r r.. ~ (f Q r.r r..•t•r. ur rn..r. 0 r.w•N... . Q .w rs•..r• t~ n. Q) r.. riww•..r• .w. r yyy~~. G • tip. j area r.• rr~•~•/rY ~r r.n ~r•r.Il • i.M.. 4.rI C..~ .-Y ~Y.t t r0 O ..fr. •rf.a...q .r .LYt O ~Y .~Y.r{ ti Q •.t•. WOit.Ylt M.ORt Q .'i ..wYt.... rA Q nt.t...M N • KN m Q + FIGURE 10 Hawaii County Zoning MOHALA COMMERCIAL VILLAGE 0 $25 1250 Saaoa: County of Hawaii Planning Commission, May 24. 1857; n latest source revision June 25. 1991 I Y . CCC. I u.,. goon M(il IAI.A EM'IRONMENTAL REPORT Response: The Applicant will comply with all Department of Water Supply guidelines and standards in the development of the Mohala project. • Private systems shall be installed by the land developers for the major resort and other development along shorelines and sensitive inland areas, except where connection to nearby treatment facilities is feasible and compatible with the County's long-range plans, and in conformance with the State and County requirements. Response: The proposed development will be connected to the existing public wastewater treatment facilities serving the town of Kailua- Kona. Onsite sewerage collection and transmission improvements will be installed by the developer. • Designate and allocate land uses in appropriate proportions and mix, in keeping with the social, cultural, and physical environment of the County. Response: The proposed project is a quality, master planned development designed to provide an appropriate mix of commercial uses in the context of the surrounding area and the urban development of the Kailua-Kona area. In addition, the Mohala project, as shown in this report, meets all the relevant goals for commercial developments, as set forth in the General Plan. These are: to provide for commercial developments that maximize convenience to users, and; to provide commercial developments that complement the overall patten of transportation and land usage within the island's regions, communities, and neighborhoods. SECTION 3: Conformance-with State and County Plans Page 27 M (-)l [ALA ENV1R0Nt%l[NTA1, REPORT 3.5 COUNTY ZONING The current County zoning designation of the subject property is Agricultural (A-5a). Surrounding zoning designations include: Commercial (CG-20) and Agricultural (A-5a) and (A-Ia). The current Hawaii County Zoning is shown in Figure 10. In order to proceed with the proposed development the applicant must obtain a State Land Use Boundary Amendment and Change of Zone designation to allow for the proposed commercial uses. Consequently, the applicant will be submitting to the County the appropriate State Land Use and Change of Zone applications requesting a State Land Use Urban Boundary Amendment to include the project site as part of the State Urban District and a Change of Zoning to change the County zoning designation from the current Agricultural (A-5a) to General Commercial (CG-20). Pending approval of the above regulatory application, the proposed zoning would be consistent with the existing zoning designation of the adjacent property. 3.6 HAWAII COASTAL ZONE MANAGEMENT PROGRAM The objectives of the Hawaii Coastal Zone Management (CZM) Program as set forth in Chapter 205a, Hawaii Revised Statutes, include the protection and maintenance of the State's coastal resources. Accordingly, the Shoreline Management Area (SMA) Map and the Flood Insurance Rate Map (FIRM) are utilized to protect coastal resources. The proposed project, being located maulca of Queen Ka'ahumanu Highway, is significantly outside the SMA area and would not have an impact on coastal resources. 3.7 ICONA REGIONAL PLAN The proposed project is in concert with the Kona Regional Plan which designates the project site and surrounding lands for general commercial use which is consistent with the proposed zoning classification being sought. The goals and policies within the Kona Regional Plan (KRP) for commercial activities are reflective of those listed in the County General Plan, encouraging 1) distribution of commercial areas such as to best meet the neighborhood, community and regional needs, and; 2) distribution of commercial facilities in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. As noted above, the proposed commercial development is ideally situated to meet the regional needs for additional commercial uses and is served by the necessary utilities services. SECTION 3: Conformance with State and County Plans Page 28 4.0 ENVIRONMENTAL ASSESSMENT AND ANALYSIS 3 I t 1 \1(_)I,AIA ENVIRONNIENTAL REPORT 4.0 ENVIRONMENTAL ASSESSMENT AND ANALYSIS 4.1 RELATIONSHIP BETWEEN LOCAL SHORT-TERM USE OF THE ENVIRONMENT AND MAINTENANCE AND ENHANCEMENT OF LONG-TERM PRODUCTIVITY The Ivlohala parcel is currently vacant and used intermittently for cattle grazing. The vegetation of the area is characterized by love-land shrubs dominated by dense stands of lantana, cactus, koa haole, kiawe and exotic grasses. Development of the project site will alter the open space character of the property, however, based on the findings within this report and with appropriate mitigative measures, the project will not result in any significant short- or long-term impacts to the environment. Development of the property will remove these land from pasture use, however, the agricultural productivity of the lands is relatively love and there is an abundance of other lands available in the region which are better suited for such use. The benefits of developing the property for the intended commercial use include the opportunities to provide goods and services to the community in an area that is readily accessible and supported by the necessary public facilities and services. The development would also proceed in manner that is in concert with the long- range County and community plans for the region. Development of the project will also result in socio-economic benefits to the community in the form of increased job opportunities and increased tax revenues. Direct full- and part- time employment opportunities and temporary construction employment will be generated by the project and these, in turn, will have economic benefits that ripple through the regional and Island economy. Public revenues from excise, personal and real property taxes are expected to more than offset the cost for the expansion of public services. 4.2 MITIGATIVE MEASURE PROPOSED TO AVOID, MINIMIZE, RECTIFY OR REDUCE IMPACTS. The mitigation measures that are intended to ensure that potential adverse environmental impacts resulting from establishment of the proposed commercial development are minimized, include two types; generic and specific. Generic mitigation are those measures where standard actions aimed at reducing or eliminating impacts have already been institutionalized through County, State or Federal regulations, codes and ordinances. These types of mitigation usually apply to control of SECTION 4: Environmental Assessment and Analysis Page 29 M ~ c y _ Y Y r ~I ~ r a • PROJECT SITE j n L ~ / dy ~y.~? K 07-, LEGEND e\ I _rr- a i v Q ..M M.•~ W Mgllla d w.r rr.Ar.w {w Ynrw ~ Yr Y•.Y•Iwr \w wNN ~ r.. ~.y. .~.r ....Ywrw. ~ Z Yell-~. \!YN•wf d~ r1 . ww ..w Q w ...a. • w Q .a .rr•.r wr• L7 wiur ww r'7 w.r..r w .aw aar O • r FIGURE 10 Hawaii County Zoning MOHALA COMMERCIAL VILLAGE 0 Its 1250 some! Cauay It Hawaii Planning Cmmmlaalm. May 24. 10ar; ,abet scums reAmm.Mns 25. 1001 roar Mayl"a \lul IA,A ENVIRONMENTAL REPORT temporary of short-term construction impacts of soil loss, noise, air quality effects, etc. Generic mitigation measures are standard, accepted activities appropriate for minimizing temporary or limited environmental impacts. Specific mitigation measures are generally recommended for actions which may have residual or long-term effects, or those for which some form of monitoring or compensation of the environmental effect are required. In terms of the Whala project, the specific and generic mitigation measures that are recommended include: - limiting construction to dry periods to the extent practical; - limiting construction activities to daytime hours; - adherence to all Federal, State and County environmental protection, health, safety and construction rules and regulations; - early construction of drainage features such as berms; - immediate stabilization of any denuded areas through sodding or planting; - application of fertilizers or biocides to landscaped areas only during periods of low raipf,11 to minimize chemical runoff; - cove g of open vehicles carrying soils, gravel or other particulate matter; - controlling dust by watering and use of proper stockpiling procedures; - protection and preservation of archaeological and historical resources in accordance with appropriate, State and County rules and regulations; 4.3 ALTERNATIVES TO THE PROPOSED DEVELOPMENT Known feasible alternatives to the proposed project are limited to those that would meet the objectives of the proposed project while also minimizing potential adverse environmental impacts. The purpose of the proposed project is to provide for a mixed-use commercial development in the North Kona meeting projected market demands of the region. Other possible alternatives to the proposed project have been investigated and rejected for a variety of reasons. Included in the alternatives analysis have been various configurations of the parcels and roadways within the project site; development of the property for other purposes; and the alternative of no action. These alternative have been rejected in part because they do not meet the objectives of the proposed project, i.e., would not provide for effective and efficient use of the property and the properties locational attributes, would have greater environmental impacts than the proposed project, or because they would not SECTION 4: Enviromnental Assessment and Analysis Page 30 Ml _)l WA KNVIRONWNTAI. REPORT be entirely feasible. Development of the project site for residential uses appears feasible, however, such uses would not be in concert with the County's long-range plans, and other portions of the applicant's property, maulca of the project site, appear to be better suited to such uses. Such residential uses, if developed, could be sited to take advantage of the view opportunities in the higher elevations of the applicant's property and to provide an appropriate separation between the higher intensity commercial uses within the project site and planned residential neighborhoods on these maulca lands. Based on the findings of this environmental report, the proposed project, with appropriate mitigative measure, is not expected to result in any significant adverse impacts to the cultural or physical environment and would have beneficial impacts to the social and economic environment. Alternative uses of the project site, such as residential, agricultural or industrial, in addition to not meeting the project objectives, would not afford greater protect to the environment and would not provide the level of potential economic benefit to the property owner, the County and State. The "no-action" or "no-project" alternative would retain the present status of the project lands. Currently, the lands are use intermittently for grazing purposes. As noted in Section 2.1.4 of this report, the agricultural productive of these land are of marginal to poor quality (classified as "D" and "E" by the Land Study Bureau, 1967). The practical use of these lands for similar or alternate agricultural use, therefore, would require substantial additional soil and infrastructural improvements. In that there are other lands in the region better suited for such use, the improvements need to support a viable agricultural use of the project lands would not be economically justifiable. Leaving the property undeveloped will result in the loss of an opportunity to expand employment alternatives and commercial and service facilities in the region. Additionally, leaving the property undeveloped will also result in the loss of potential revenues to the developer, State and County governments. It is noted that the geographic location of the project site, as well as the County General Plan land use designations, are key factors contributing to the economic viability of the proposed project. SECTION 4: Environmental Assessment and Analysis Page 31 + P Moo IAIA ENVIRON,NIFNTAL REPORT 4.4 IRREVERSIBLEAND IRRETRIEVABLE COMMITMENTS OF RESOURCES The development of the proposed project and resultant construction of commercial facilities ,would result in the irreversible and irretrievable commitment of certain natural and fiscal resources. Major resource commitments include the land on which the project is located and on which the facilities would be constructed, as well as money, construction materials, manpower and energy. Tile impacts of using these resources should be weighed against the expected positive socioeconomic benefits to be derived from the project versus the consequences of taking no action or adopting another less beneficial use of the property. The commitment of resources required to accomplish the project includes building materials and labor, both of which are generally non-renewable and irretrievable. Construction of the resultant travel to/from the project by those utilizing the commercial services would require the consumption of petroleum products and petroleum based electrical generation. This too represents an irretrievable commitment of resources. The proposed project does not call for substantial commitment of government supplied services or facilities that would not otherwise be required without the proposed project. The project would add to the commercial facilities and services available to the residents of West Hawaii. Similarly, the project would add to the tax revenues of the County and State. SECTION 4: Environmental Assessment and Analysis Page 32 F ! IAN6 I•I \NNINI: I qP' ICNII.KAPF VU'IIITFI-11'RF ~_7 FlJG 11 PPl 1 6 FN\"IRIINnI',I.U' SIt'III FS L August 7, 1998 Mr. G. Rick Robinson, Chairperson Kona Soil and Water Conservation District P.O. Box 2262 Kealakekua, Hawaii 96750 SUBJECT: CHANGE OF ZONE APPLICATION (REZ 98-12) REQUEST: A-5a TO CG-20 APPLICANT: HAWAIIAN DEVELOPMENT CORPORATION TAX MAP KEY: 7-5-03:6 & 7 Dear Mr. Robinson: This letter is in response to your memorandum of July 17, 1998 to Virginia Goldstein regarding the subject application. As noted in your memorandum, a portion of the project site is affected by the iloodway as defined by the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) Panel 0713E. Please note that the FIRM has undergone several revisions recently. Be assured, however, the lloodways that are present will be taken into consideration and care will be taken to insure that the drainage improvements for the proposed project are designed to fully meet their desired function. hr compliance with Comity requirements drainage improvements will be implemented such that any additional runoff generated by the project will be mitigated and downstream properties are not impacted. Please note that with the recent decision of the Land Use Commission to reclassify the subject property into the Urban district, the State Land Use District Boundary Amendment Petition that was submitted with the subject Change of Zone application was rendered moot and has since been withdrawn. Additionally, the Change of Zone application submitted by HDC has been amended to increase the petition area from 14.96 to approximately 17 acres. This increase to the project area, however, will not significantly alter the development program or permitting requirements of the project. On behalf of Hawaiian Development Corporation, we thank you for your continents and recommendations related to the drainage improvement for the planned commercial project. J ly, s Leonard, AICP, Managing Director I4AWAH - Hilo Office cc: V. Goldstein EXHIBIT J. Whitney I C t R Wheelock B.Tsukazaki F. Brandt Wm. Frank Brandt • Tlunuas S. Witlen • R. Stan Duncan Russell Y. J. Chung HONOLULU OFFICE I(RII 661101' STR FF.I , PACIFIC 1 t WEF, ffi11TE n.st1. 1101,101.11 LU. I IA WAI I !"A 133424 Tr:LFI'110NE: II(nMl utl-SIi:11 FAX: (lo)ft) F•21N62 EMAIL: pLd,iaalaha.nrl WAILUKU OFFICE 1111,0 OF'FICI- 2123 W\(1111 %IRF.F.I. N'AILUKC. E1AVAII 111.74122114 WI AI'PL•NI STREET. IIILO I.\000N CP\'I'ER. SUI'IF IIa. 11110. IIAW\I19672IM276 ....e.... •.•..u~.. 1.1-oa•i •nuw 'FF.LFPIIONE:(MINIINN-:IT"It FAX:(NIIN)'.10411N!I AOVALULTURE DEVELOPMENT ` _ 2, ; !:R PROGRAM ~`•V • AQUATIC RESOURCES F ~ ~,7• , C,~\ .L, BOATING AND OCEAN RECREATION C ` ONSENEERNANO RESOURCES ENFORCEMENT •F„~~ STATE OF HAWAII CONVEYANCES FORESTRY AND WILDLIFE HISTORIC PRESERVATION DEPARTMENT OF LAND AND NATURAL RESOURCES v.ND OIWSVO LAND DIVISION STATE PARKS WATER RESOURCE MANAGEMENT PC BOX 621 HONOLULU. HAWAII 96809 J U L z 4 1996 Ref.:LD-PEM LD Ref.:SLU982.COM Honorable Virginia Goldstein, Planning Director Planning Department County of Hawaii 25 Aupum Street, Room 109 Hilo, Hawaii 96720-8742 Dear Ms. Goldstein: Subject: Request for Comments - State Land Use Boundary Amendment and Change of Zone Application, Mohala Commercial Village, Kailua-Kona, Hawaii, Tax Map Key: 7-5-03:Pors 6 & 7 This is a follow-up to our letter dated July 21, 1998 regarding the subject request. At this time we would like to offer the following comments: Commission on Water Resource Management In general, the CWRM strongly promotes the efficient use of our water resources through conservation measures and use of alternative non-potable water resources whenever available, feasible, and there are no harmful effects to the ecosystem. Also, the CWRM encourages the protection of water recharge areas which are important for the maintenance of streams and the replenishment of aquifers. We recommend coordination with the county government to incorporate this project into the county's Water Use and Development Plan. Thank you for the opportunity to provide additional comments for the State Land Use Boundary Amendment and Change of Zone Application for the subject project. Should you have any questions, please contact Patti Miyashiro of our Land Division in Honolulu at (808) 587-0430. Very truly yours, ~ean Y. Uchida Administrator c: Hawaii Land Board Member Hawaii District Land Office CWRMXIHI~~ 0701i. . P a Ai1G 1 P11i 1 26 1..\911h , 111M l •au n'ul I L \~~usrsr n 1'1\'I911N%II' 1,1. ?it IIIII Coo 4 11 1 q I I,~ I'r f; 1 1 August 7, 1998 Dean Y. Uchida, Administrator State of Hawaii Department of Land and Natural Resources, Land Division Post Office Box 6231 Honolulu, Hawaii 96809 SUBJECT: CHANGE OF ZONE APPLICATION (REZ 98-12) REQUEST: A-5a TO CG-20 APPLICANT: HAWAIIAN DEVELOPMENT CORPORATION TAX MAP KEY: 7-5-03: 6 & 7 Dear Mr. Uchida: This letter is in response to comments from the Commission on Water Resources in your letter of July 24, 1998 to Virginia Goldstein regarding the subject application. Please note that the project will connect to the County's water system for its potable water supply. In a letter dated May 12, 1998 from the County of Hawaii Department of Water Supply indicates that "the Department's existing water system facility is capable of delivering water at adequate pressure and volume under peak-flow and fire-flow conditions within the proposed developed area." Hawaiian Development Corporation will continue to work with the Department of Water Supply to coordinate the proposed commercial development with the County's Waster Use and Development Plan. On behalf of Hawaiian Development Corporation, we thank you for your comments and recommendations related to the subject application. Sin erely, ames Leonard, AICP, Managing Director PBR HAWAII - Hilo Office cc:. V. Goldstein J. Whitney R. Wheelock B. Tsukazaki F. Brant m. Frank Mandl Thomas S. N'iltrn R. Stan Duncan Russell 1'. I. Chung IIONOLULU OFFICE Im11 R1911p1• TIREF'1. 1':\CIFIC'I UNF.R, SUI R: fi5u. I IONOLULU. 11,\\Y,\II !u W I a9l2!1 'FELEPIIONE: (9881 5264831 FAX: (MW) 52r 14112 F: MAIL: ph.WUA,,ha.nrl WAILUKU OFFICE 1111-0 OFFICF. 2121 KA0111 SI'REEL KAILUKU, HAWAII 9671IY22U1 I01 AUTUNI 51RF.E'Lt111A IACOON CtNFER.91'FFE 9I0, 1111.(1, 11:1N'AR t)11721M276 TFI FPIIO:E (0081212-2879 FAX: (NnR)'212-CMI2 TELFPI IONF.: (R(91) INA 333 FAX: 18081 16 1-11199 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE July 24, 1998 Memorandum TO Planning Director FROM Depar(~ o Public Works Engineering Division SUBJECT: Change of Zone Application (REZ 98-12) State Land Use Boundary Amendment (SLU 98-2) Applicant: Hawaii Development Corporation Location: Moeauoa 2nd, North Kona HI TMK: 7-5-3:6 & 7 We have reviewed the subject application and offer the following comments: Buil in 1. Building shall conform to all requirements of code and statutes pertaining to building construction. r ina 2. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. 3. Applicant shall be informed that if drywells are included in the subject improvements, an Underground Injection Control (UIC) permit must be applied for from the Department of Health, State of Hawaii. 4. A drainage study should be prepared and a drainage system should be installed meeting with the approval of DPW. 5. All grading and grubbing activities SXA"Iwith Chapter 10 of the Hawaii County Cade. E 7 O ? u Memo to Planning Director July 24, 1998 Page 2 6, Portions of the project area are within Flood Zone "A" according to the current Flood Insurance Rate Map. Identify the Flood Zone boundaries on all plans. 7. Any improvements within the flood zone area will require a detailed flood study by a licensed civil engineer and compliance with the Federal Emergency Management Agency (FEMA) regulations. Wastewater 8. Sewer lines should be installed to tie in with the Kealakehe Wastewater Treatment Plant. Solid Waste 9. The developer shall prepare a solid waste management plan for the development which is to be administered by the Association of Lot Owners or by the developer if no association is established. 10. The plan shall include an analysis of anticipated solid waste volume and composition expected to be generated from the development. 11. The plan shall include a waste reduction component which analyzes and implements techniques to be employed to achieve a refuse reduction goal consistent with the County's Solid Waste Management Plan. 12. The plan shall include a waste separation component which identifies reusable refuse products, a means of separating reusable products and a means to collect and deliver separated reusable products to an end market. 13. The plan shall mandate curb side collection of both putrid waste for landfilling and clean separated products for recycling. 14. The plan shall include yearly reports identifying quantifiable goals attained in the waste reductiontrecycling component. Roadways 15. In the interests of pedestrian and bicyclist safety, bike lanes should be considered throughout the project. Memo to Planning Director July 24, 1998 Page 3 16. All roadways within the proposed development should follow the guidelines incorporated in the Hawaii Statewide Uniform Design Manual for Streets and Highway§ and A Policy on Geometric Design of Highways and Streets by the American Association of State Highway and Transportation Officials. These roadways should also meet the requirements of DPW. Curb, gutter, and sidewalks should be required. 17. Roadway connections to the adjoining parcels should be provided meeting with the approval of DPW. These roads should be dedicated to the County. It is DPW policy on large subdivisions to recommend that functioning interconnections be made to adjoining parcels. If you have any questions please contact Thomas Pack in our Kona office at 327-3530. TWP:bdc cc'. Engineering - Hilo Engineering - Kona Planning - Kona •1 •~I[I N N DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 00 '~~~i/Mt•~1t yT 25 AUPUNI STREET • HILO, HAWAII 96720 TELEPHONE (808) 961-8660 FAX (808) 961-6657 June 19, 1998 ,n .TO: Planning Department c, FROM: Milton D. Pavao. Manager .v SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION NO. 98-002 3 REQUEST: AGRICULTURAL TO URBAN CHANGE OF ZONE APPLICATION NO, 98-012 CD REQUEST: A-5a TO CG-20 APPLICANT: HAWAII DEVELOPMENT CORPORATION TAX MAP KEY 7-5-003:006 AND 007 We have reviewed the subject applications. Please refer to our letter of May 12, 1998 to Mr. Richard A. Wheelock for our comments and requirements. We are enclosing a copy for your information. Should there be any questions, please call our Water Resources and Planning Branch at 961-8660. M ton D. Pavao. P.E. anage . ms Enc. copy - Hawaiian Development Corp. Mr. James Leonard, PBR Hawaii Witcher & Associates. Inc. r,~ C 5619+ DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII 1 25 AU°U NI STREET HILO. HAWAII 96720 %VLV1 TELE°NOVE 16061 961-8560 FAX (906) 961 865, May 12 1998 Mr Richard A Wheelock. Project Manager Hawaiian Development Corp. 700 Bishop Street. Suite 1000 Honolulu. HI 96813 ,d,ATER AVAILABILITY FOR A PROPOSED CHANGE OF ZONE FROM AGRICULTURAL TO COMMERCIAL TAX MAP KEY 7-5-003.006 AND 007 This is in response to your letter of April 20. 1998. Please be informed that water for the proposed change of zone can be made a4ailable from an existing twelve (12)-inch waterline along Henry Street with a service elevation of 400 feet MSL. Therefore. the Department's existing water system facility is capable of delivering water at adequate pressure and volume under peak-flow and fire-flow conditions within the proposed developed area. However, a water commitment will not be effected until a formal change of zone application has been executed with the Planning Department and forwarded to us for our comments and requirements and the appropriate water commitment deposit remitted. For your information, based on the seventy-three (73) additional units requested in the proposed seventy-five (75)-unit change of zone request. the required water commitment deposit will be $10.950.00. The commitment will be in writing with specific conditions and effective dates stated. Further, the necessary onsite water improvements shall include, but not be limited ~o Water mains capable of delivering water at adequate pressure and volume under peak-flow and Fire-flow conditions: minimum diameter of mains shall be twelve (12) inches. H~ Picrarh A ',1^eelock_ Project Hanager ,y 1%. '~98 2 Service laterals that will accommodate an appropriately sized meter to each complex. ' 3 =ire hydrants spaced not more than 300 feet apart. 4. Submit construction' plans and design calculations prepared by a professional engineer, registered in the State of Hawaii, for review and approval. 5 Convey the water system improvements along with the necessary easements to the '.Dater Commission of the County of Hawaii. Should there be any questions. please call our Water Resources and Planning Branch at 961-6660. 1AV- Nl~~ton D. Pavao. P.E. Manager WA gms copy - Mr. James Leonard. PBR Hawaii Mr. Bruce ',Ditcher. Witcher & Associates. Inc. aa' ~di t 0 ~DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII S 25 AUPUNI STREET HILO, HAWAII 96720 i~4j x•xa,~~ TELEPHONE (808) 961-8660 FAX (808) 961-8657 D July 30. 1998 TO: Planning Department FROM: Milton D. Pavao, Manager Ul SUBJECT: AMENDED CHANGE OF ZONE APPLICATION NO. 98-012 APPLICANT - HAWAIIAN DEVELOPMENT CORPORATION REQUEST: A-5a TO CG-20 AND AMEND AREA FROM 14.96 TO 17.06 ACRES TAX MAP KEY 7-5-003:006 AND 007 We have reviewed the subject request and have the following comments. For our information, we request that a topographic map be submitted to verify that the property is within the Department's service limits. Inasmuch as the applicant in their letter of letter of July 6, 1998 indicated that no additional water is anticipated beyond those described in their initial application, we have no objections to the amendment request. Should there be any questions, please call our Water Resources and Planning Branch at 961-8660. ~Aa- M D. Pavao, P.E. Manager WA:gms copy - Hawaiian Development Corporation Mr. James Leonard. PBR Hawaii Witcher & Associates, Inc. G'73~4 Water brings progiredd G~1 FICu i1. PI'1 1 26 [AND PIANNING 1 L ! \ `1' 1 ! I LANM'ZA :AW111'1"710NL Ul{I 1 ~1 IIr1/1/'111 LN\'INIINMENI'A1. ]IUIN!\ , August 7, 1998 Mr. Milton Pavao Department of Water Supply 25 Aupuni Street Hilo, Hawaii 96720 SUBJECT: CHANGE OF ZONE APPLICATION (REZ 98-12) REQUEST: A-5a TO CG-20 APPLICANT: HAWAIIAN DEVELOPMENT CORPORATION TAX MAP KEY: 7-5-03: 6 & 7 Dear Mr. Pavao: This letter is in follow-up to your July 20, 1998 memorandum to the County of Hawaii Planning Department. As requested a topographic map to verify that the property is within the Department's service limits will be sent to you under separate cover. On behalf of Hawaiian Development Corporation, we thank you for your comments related to the subject application and look forward to working with your department as we move forward in the planning for the proposed Mohala Commercial Village Project. Since ely, Ja es M. Leonard, ACID anaging Director -Hilo Office PBR Hawaii xc: V. Goldstein J. Whitney R. Wheelock B. Tsukazaki F. Brandt 0'7540 \\IU. 14.u I1 @.1n111 16,m." ti. \\111, R \L.. I„u.,.,.. - r,,, 11 t 11..n IIONIII.ULU 1/1/1111 IINI I IMSI101' S"IBEE'1'. 1'ACIF'IC lI l\NEk, till 1'1. I.SU. III 1\1'I l 1 1. I I.U\.\11 +..n 11.1 L!1 I'EI.ENICINE: (MM) 521-8191 FAX. (MM) 52," WJ I>I.V I. PIn 1u41.d,.lln.u,, WAH-LIK11 OFFICE 11111) OFFICE 2 L"3 1(A0I III S'1 REF I, WAI I UXLI, I IAWAI I ! 4MM2'204 101 AUPLI NI SF k11 I, I III I \UUU\ 1.1'.N 11. k. SL 'I S E 3111, 11110, HAM V 1 9672R4276 G ~tY es y Wayne G. Carvalho ' Polwe Chief Stephen K. Yamashiro Mayor r 4P JUN 26 I 1 5es S. Correa e~ • Depu/V Pol ice Chwf coul 1 y OF ~ir1w- Gaunfof Attfunii - POLICE DEPARTMENT 349 Kapiolani Street • Hilo, Hawaii 96720.3998 (808) 9353311 • Fax(808)961-2702 June 25, 1998 TO V/IU INIA GOLDSTEIN, PLANNING DIRECTOR FROM NEWTON S. YMAN, ACTING ASSISTANT POLICE CHIEF, ACTING LICE CHIEF SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 98-2) REQUEST: AGRICULTURE TO URBAN CHANGE OF ZONE APPLICATION (REZ 98-12) REQUEST: A-5A TO CG-20 APPLICANT: HAWAII DEVELOPMENT CORPORATION TAX MAP KEY: 7-5-3:6 & 7 Our staff has reviewed the proposed development by Hawaii Development Corporation for the parcel of land described above. We conclude the project will increase demand on police services in the Kailua-Kona area and increase traffic congestion in the immediate area of the project. The application for the development provided a traffic impact study for the ingress and egress for Henry Street. Their study concludes that traffic will increase in this area. We recommend the following to minimize the congestion on Henry Street: 1. The boundary of the property that adjoins Queen Kaahumanu Highway should have another entrance and exit to the property. 2. The ingress and egress on Queen Kaahumanu Highway would allow north bound traffic entry and north bound traffic exit only. EXHIBIT 5970 Memo to Virginia Goldstein Page 2 June 25, 1998 The Mohala Environmental Report on page 15 states that the present police facility and staffing are adequate to serve the existing area requirements. Other projects are planned in the Kona area, such as the Kaloko Town Center, Oceanside 1250, Retirement Community for the Heritage Development Corporation, and Active Retirement Community by the McClean Honokohau Properties. This project with other projects planned will have a major impact on traffic and police services in the Kona District. Thank you for the opportunity to comment on this project. DAF:kh y J Mtv W N1 ~°.J Wayne G. Carvalho Police Chief Stephen K. Yamashiro Mayor - James S. Correa 'rip, ,••+i Deputy Police Chief I OI M' (9IIUnfg of cttfuttii °A POLICE DEPARTMENT 349 Kapiolani Street Hilo, Hawaii 96720.3998 (808) 9353311 • Fax(808)%1-2702 `•i July 27, 1998 TO VLDS IN, PLANNING DIRECTOR FROM N, ACT ING ASSISTANT POLICE CHIEF, ACTING POL E CHIEF SUBJECT: AMENDED CHANGE OF ZONE APPLICATION (REZ 98-12) APPLICANT: HAWAIIAN DEVELOPMENT CORPORATION REQUEST: A-5a TO CG-20 TAX MAP KEY: 7-5-3:6 & 7 we have reviewed the above-referenced application and do not believe this proposal will adversely affect traffic safety. However, the development will have an impact on police services. With the continued development in the Kona District, more officers are needed to address the growing crime and social problems. DAF:lk Ci i OB9 y V 'Q0. RUG 3 PSI 2 25 IAND IYANNINC IAN83(AIT ARCIIITE7I"0141, I I . ENVIRUNW.NTAI. SI'1141Fx court i 1' i:`I 1fNWAII July 30, 1998 Mr. Newton Lyman, Acting Police Chief County of Hawaii, Police Department 349 Kapiolani Street Hilo, Hawaii 96720-3998 SUBJECT: CHANGE OF ZONE APPLICATION (REZ 98-12) REQUEST: A-5a TO CG-20 APPLICANT: HAWAIIAN DEVELOPMENT CORPORATION TAX MAP KEY: 7-5-03: 6 & 7 Dear Chief Lyman: This letter is in response to your memorandum of June 25, 1998 to Virginia Goldstein regarding the subject application. Regarding your recommendations to minimize the congestion to Henry Street and provide a potential connection directly to Queen Kaahumanu highway, we would like to provide the following observations. Although the makai boundary of the property approaches the Queen Kaahumanu Highway, it does not abut the highway. There is an approximately 30 foot separation between the project boundary and the highway right-of-way, at a point near the deceleration and right turn lane to Henry Street. Therefore, access to the highway at this point would not appear to be feasible nor desirable from a circulation and traffic safety perspective. The planned access from Henry Street provides an appropriate access location at a signalized intersection with a secondary arterial linking to Queen Kaahumanu Highway. With regards to the project's potential traffic impacts, as noted in the Traffic Impact Analysis Report (TIAR), with the State's planned improvements to Queen Kaahumanu Highway, there will be an overall improvement to the Level of Service (LOS) at the Henry Street/ Queen Kaahumanu Highway intersection. The TIAR also concludes that the current LOS at the project access road and Henry Street intersection will remain unchanged (LOS B) during both the morning and evening peak periods. Win. Prank Rr:ualll • "rhunlns S. Witten • It. titan IAuu:ui • Ruurll %.J. Chung HONOI Off WE a7 2089 11x1IBIS] IOl' Si "FI. P,%(:1FI(: 10\1'I.R. SI'I 11'. O6u. it, 1]4 it I I.1 11 \WAII fxin 1::.1,121 'I ELEIN ION E: (K08) 52131/31 E%X: (0.(181 52:"102 1.-\1.\11.. phihluah,ha.n,, WAILUEU OFFICE 1111,0 OFFICE 2123 EA(1HU 51'REEI'. WAILURU, IIAWAR 967932204 101 AUPUNI S I REP.I. I III a) W01 N CLN'I ER. SLII'1'E 319. 111111, 11.4WA1I !K72O4276 r,.. ,.,v+o+o vu., ni unncl .wmuuv.aao+ cav-mnvur.l-wva G Newton Lyman SUBJECT: CHANGE OF ZONE APPLICATION (REZ 98-12); REQUEST: A-5a TO CG-20; APPLICANT: HAWAIIAN DEVELOPMENT CORPORATION; TAX MAP KEY: 7-5-03: 06 & 7 July 30, 1998 Page 2 You note that this project, when considered in conjunction with the other commercial, industrial, and residential projects in the region, will impact the traffic and police services in the Kona District. The Mohala Commercial Village project, however, has been planned in an area that is centrally located and readily accessible, should protective police services be required in this area. As we move forward in the planning for the proposed commercial project, we look forward to working with your department to ensure that the phasing of development is coordinated with a program for protective police services for the area. On behalf of Hawaiian Development Corporation, we thank you for your comments and recommendations related to the subject application. Since ely, J es Leonard, AICP, Managing Director BR HAWAII - Hilo Office cc: JV. Goldstein J. Whitney R. Wheelock B. Tsukazaki F. Brandt To: Virginia Goldstein, Planning Director Page 2 July 22, 1998 113. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire-fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high-piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION; Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all- weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. To: Virginia Goldstein, Planning Director Page 3 July 22, 1998 "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15%) "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with UFC Section 10.301 (150 feet to remote part of structure): "INSTALLATION AND MAINTENANCE OF FIRE-PROTECTION, LIFE-SAFETY SYSTEMS AND APPLIANCES "Installation "Sec. 10.301. (a) Type Required. The chief shall designate the type and number of fire appliances to be installed and maintained in and upon all buildings and premises in the jurisdiction other than private dwellings. This shall be done according to the relative severity of probable fire, including the rapidity with which it may spread. Such appliances shall be of a type suitable for the probable class of fire associated with such building or premises and shall have approval of the chief. "(b) Special Hazards. In occupancies of an especially hazardous nature or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, additional safeguards may be required consisting of additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. Such devices or appliances may consist of automatic fire alarm systems, automatic sprinkler or water spray systems, standpipe and hose, fixed or portable fire extinguishers, suitable asbestos To: Virginia Goldstein, Planning Director Page 4 July 22, 1998 blankets, breathing apparatus, manual or automatic covers, carbon dioxide, foam, halogenated, and dry chemical or other special fire-extinguishing system. Where such systems are installed, they shall be in accordance with the applicable Uniform Fire Code Standards or standards of the National Fire Protection Association when Uniform Fire Code Standards do not apply. "(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. 11(d) Fire Hydrant Markers. When required by the chief, hydrant locations shall be identified by the installation of reflective markers. '1(e) Timing of Installation. When fire protection facilities are to be installed by the developer, such facilities including all surface access roads shall be installed and made serviceable prior to and during the time of construction. When alternate methods of protection, as approved by the chief, are provided, the above may be modified or waived. "(f) All fire alarm systems, fire hydrant systems, fire extinguishing systems (including automatic sprinklers), Class I, II, III (combination standpipe system) and combined systems, basement inlet pipes, and other fire protection systems and appurtenances thereto shall meet the approval of the fire department as to installation and location and shall To: Virginia Goldstein, Planning Director Page 5 July 22, 1998 be subject to periodic tests as required herein. Plans and specifications shall be submitted to the fire department for review and approval prior to installation." Fire Chief NMT/mo 'qR fiUG 3 PPI 2 26 LAND PLANNING IANDtiGPI. AKC.IIII"MM ENVIMIIN'IENI'AL!'(PDI N 1 r i L,,,, • t r_I July 3o, 1998 COUNTY OF ii"'NA'lI Mr. Nelson M. Tsuji, Fire Chief County of Hawaii Fire Department 777 Kilauea Avenue Hilo, Hawaii 96720- 4239 SUBJECT: CHANGE OF ZONE APPLICATION (REZ 98-12) REQUEST: A-5a TO CG-20 APPLICANT: HAWAIIAN DEVELOPMENT CORPORATION TAX MAP KEY: 7-5-03: 6 & 7 Dear Chief Tsuji: This letter is in response to your memorandum of June 17, 1998 to Virginia Goldstein in which you provided comments on the subject application. The references in your memorandum to the applicable provisions of the Uniform Fire Code (UFC), are most helpful. Please be assured that the applicant, Hawaiian Development Corporation will comply with all applicable rules and regulations of the UFC in the design and construction of the planned mixed-use commercial project. Please note that with the recent decision of the Land Use Commission to reclassify the subject area to the Urban district, the State Land Use District Boundary Amendment Petition that was submitted with the subject Change of Zone application, is no longer required and has since been withdrawn. Additionally, the Change of Zone application has been amended to increase the petition area from 14.96 to approximately 17 acres. Although this increase to the project area will provide greater flexibility to respond to the topographic and cultural sensitivities of the site, this is not expected fo alter the development program or permitting requirements of the project. On behalf of Hawaiian Development Corporation, we thank you for your comments and recommendations related to the subject application. Since el , J es Leonard, AICP, Managing Director P R HAWAII - Hilo Office cc: / V. Goldstein J. Whitney R. Wheelock B. Tsukazaki F. Brandt G~,~ \\nl. Iv;ud lilaudl l'L uulr.1. \\ulru I: 11.w l...... .u, IL ..II 1. l g 0"' Z'S I10NOLIJLU OFFIIF. NnN ItI511u1. 11'NEE'i', 1',\1:61tab\CLN, tit I14: GSO, 11( )\4 tl 1 I I 11 W %11 1.11.61 ft1.141 'FF:LEI'110Nh:. 1ltllnl v2l Ltiil FAX: UPIkr 5 31102 1 dl.\II. pln lur.J.L.....I WAIIDKU OFFICE I III.0 "FF"ICE 2123 K.\I-IIIU SIREF.L. W.\ILUKU, IIAWAII W7932204 101 AUPUNI SINL6 I I lH 0I A(:uUM1 CEN I F.R SUI IL 310, IIIt 1). IIAW.\ I M721L1276 BENJAMIN J. CAYETANO GOVERNOR j-~~k pp E%EC'JTi\2 +=_E= STATE OF HAWAII DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT & TOURISM LAND USE COMMISSION P.O. Box 2359 Honolulu. HI 96804-2359 p Telephone: 808-587-3822 y Fax. 808-587-3827 n July 20, 1998 -J Ms. Virginia Goldstein, Director 0 Planning Department County of Hawaii 25 Auo_uni Street - Hilo, Hawaii 96720 _ G CJ Dear Ms. Goldstein: Subject: Amended Change of Zone Application (REZ 98-12) Applicant: Hawaiian Development Corporation TMK• 7-5-03. 6 & 7 We have reviewed the subject Amended Change of Zone Application as transmitted by your memorandum dated July 9, 1998, and confirm that the subject parcel, identified as TMK: 7-5-03: por. 6 & por. 7, and consisting of approximately 17.060 acres, is within the State Land Use Urban District. As noted in our letter dated June 22, 1998, the parcels identified as TMK: 7-5-03: 6 & 7, were a portion of a Petition for Land Use District Boundary Amendment filed by the County of Hawaii Planning Department (LUC Docket No. A94-705). These parcels were a portion of the area reclassified from the Agricultural District to the Urban District pursuant to Findings of Fact, Conclusions of Law, and Decision and Order issued on June 22, 1998. It is our understanding that the initial request for district boundary amendment of approximately 14.96 acres filed with the initial change of zone application will be withdrawn by the applicant. We request that a copy of the applicant's request for withdrawal be forwarded to our office for our files. Thank you for the opportunity to provide comments on the amended change of zone application. If you have any questions in regards to this matter, please feel free to contact me or Leo Asuncion of my staff at 587-3822. sincerely, ESTHER UEDA Executive Officer EU:th VSA'4 '_98 AUG 3 PM 2 26 IANO PI.ANNINII I,L N1l 1:. ^ _ I. LiNDSI APE ARCIi1TWI URI CGUNI 1 LF•I AWAII ENVIRONMINTAL ST1111IEM July 30, 1998 Ms. Esther Ueda, Executive Officer State of Hawaii, Department Business and Economic Development & Tourism Land Use Commission P.O. Box 2359 Honolulu, HI 96804-2359 SUBJECT: CHANGE OF ZONE APPLICATION (REZ 98-12) REQUEST: A-5a TO CG-20 APPLICANT: HAWAIIAN DEVELOPMENT CORPORATION (IIDC) TAX MAP KEY: 7-5-03: 6 & 7 Dear Ms. Ueda: This letter is in response to your memorandum of June 22, 1998 to Virginia Goldstein in which you provided comments on the subject application. As you noted in your memorandum with the recent decision of the Land Use Commission to reclassify the subject property into the Urban district, the State Land Use District Boundary Amendment (SLUDBA) Petition that was submitted with the subject Change of Zone application was rendered moot. The SLUDBA Petition that was submitted with the subject Change of Zone' application has subsequently been withdrawn. We also note that the Change of Zone application submitted by HDC has been amended to increase the petition area from 14.96 to approximately 17 acres. This increase to the project area, although providing greater flexibility to respond to the topographic and cultural features of the site, is not expected to alter the development program or permitting requirements of the project. Also, as you correctly pointed to in your memorandum, the applicant and property owner is the Hawaiian Development Corporation. On behalf of Hawaiian Development Corporation, we thank you for your comments and recommendations related to the subject application. Sinc ely{ J es Leonard, AICP, Managing Director R HAWAII -Hilo Office cc: ,/V. Goldstein J. Whitney R. Wheelock B. Tsukazaki G"r"R,87 F. Brandt \\uI. F,;mk a):uvlI • 'I I... mua S n w" Uuu..... • R."', 11 1 (A .uup HONOLULU OFT•TCE I NII BISHOP STREET. PACIFIC TOWER. SUIT E 650. I IONOLUI.1'. I IANVAII !RVf I %:%{!9 TEUI-11ON IRIWI 5'!1 .5G%I FAX:(W)8)52.}1402 E-MAIL. pLi hi4.JnLA.,wWAILUK11 OFFICE [III-0 OFFICE 2123K.AOIIU SKEET.\\'AILUKU, IIAWAII 967932214 101 AUPUNI 51 'REL I, 1IIIA I_MAHM CFN IER, MITE9111, IIIID, IIAWAII%7M,1276 V. Goldstein Page 2 3. The Hawaii Island Burial Council must approve a Burial Treatment Plan for the burial sites. 4. The State Historic Preservation Division must,approve a Preservation Plan for two sites. At this point in time no ground altering activities should take place in the vicinity of the preserve or burial sites until the appropriate plans have been approved and implemented. If you should have any questions please contact Patrick McCoy (587-0006). 24Ltor State Historic Preservation Division PM:amk L BENJAMIN J. CAYETANO MICHAEL O. VALSOH. CHMAPUUON GOVERNOR OF HAWAII , BOARD OF LANG ANO NATVRAL RESOURCES DEPUTY GILBERT COLOMA AGAAAN S j O JUL AOUACLILTME DEVELOPMENT PROGRAM STATE OF HAWAII AOUAnC RESOVACES (ir. f rF 1 CONSERVAn0F1 AND DEPARTMENT OF LAND AND NATUFtAC FfESOURCES ENVIAONMENTAL AFFAIRS CONSERVATION AND STATE HISTORIC PRESERVATION DIVISION RESOURCES ENFORCEMENT 33 SOUTH KING STREET, 6TH FLOOR CONVEYANCES HONOLULU, HAWAII 96613 FORESTRY AND WU)UFE HISTORIC PRESERVATION DIVISION July 24, 1998 LAND R ;`~E'~ WATER AND LAND DEVELOPMENT Ms. Virginia Goldstein, Director LOG NO: 21825 Planning Department/County of Hawaii DOC NO: 9807PM13 25 Aupuni Street Hilo, Hawaii 96720 Dear Ms. Goldstein: SUBJECT: Amended Change of Zone Application (REZ 98-12) Applicant: Hawaiian Development Corporation Request: A-5a to CG-20 Lanihau 2 and Moeauoa 2, North Kona, Hawaii Island TMK:7-5-3:6 and 7 This is in response to your Memo of July 9, 1998 with a request for our comments on the subject application. The amended application indicates that the petitioner proposes to use17.060 acres rather than 14.96 acres. The larger project area does not change any of the comments in our review of the original application (Hibbard to Goldstein June 24, 1998). Aloha, ON ISBARD, Administrator State Historic Preservation Division PM:amk 67060 .eae k~ (F r. BE NJO MIN J. CAYETANO d LAWRENCE MIKE GOVERNOR ULRECTOR OF HEALTH STATE OF HAWAII '4R JU1'1 2C, Jy DEPARTMENT OF HEALTH I . P.O. Box 978 L- HILO.HAWAII 88721-0918 All MEMORANDUM DATE: June 24, 1998 TO: Virginia Goldstein Planning Director, County of Hawaii FROM: Aaron Ueno A*A District Environmental Health Program Chief SUBJECT: State Land Use Boundary Amendment Application (SLU 98-2) Request: Agricultural to Urban Change of Zone application (REZ 98-12) Request: A-5a to CG-20 Application: Hawaii Development Corporation Tax Man Key: 7-5-3:6 & 7 The applicant should contact the Army Corps of Engineers (COE) to identify whether a Federal permit (including a Department of Army (DA) permit) is required for this project. A Section 401 Water Quality Certification (WQC) is required for "Any applicant for Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters...," pursuant to Section 401(a)(1) of the Federal Water Pollution Act (commonly known as the "Clean Water Act (CWA)"). If the project involves the following activities with discharges into State waters, an NPDES general permit is required for each activity: a. Discharge of storm water runoff associated with construction activities, including clearing, grading, and excavation that result in the disturbance of equal to or greater than five (5) acres of total land area; b. Construction dewatering effluent; C. Non-contact cooling water; t)EkJ90 Virginia Goldstein June 24, 1998 Page 2 d. Hydrotesting water, and e. Treated contaminated groundwater from underground storage tank remedial activity. The application for NPDES general permit coverage should be submitted to the Director at least 30 days prior to the discharge to State waters. If there is any type of process wastewater discharge from the facility into State waters, the applicant may be required to apply for an Individual NPDES permit. The application for an Individual NPDES permit should be submitted to the Director at least 180 days prior to the discharge of process wastewater to State waters. Should you have any further questions regarding this matter, please contact the Engineering Section of the Clean Water Branch in Honolulu at (808) 586-4309. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." a. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. b. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. C, The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933-0917. Underground Injection Systems (Ph. 5864258) which receive wastewater or storm run-offs from the proposed development need to address the requirements of Chapter 23, Hawaii State Department of Health Administrative Rules, Title 11, "Underground Injection Control." The Department of Health would support any sewer requirements made by the County of Hawaii for the proposed project. WP7.0:SLU98-2.mi 'GP. PUG 3 P19 2 26 ~5'' I V( ~'H W HI~ IANIIMZV ARCHITEM URl. C 6U ENVIRONMENTAL. MIMES , July 30, 1998 Mr. Aaron Ueno, District Environmental Health Program Chief State of Hawaii, Department of Health P.O. Box 916 Honolulu, HI 96721-0916 SUBJECT: CHANGE OF ZONE APPLICATION (REZ 98-12) REQUEST: A-5a TO CG-10 APPLICANT: HAWAIIAN DEVELOPMENT CORPORATION TAX MAP KEY: 7-5-03: 6 & 7 Dear Mr. Ueno: This letter is in response to your memorandum of June 24, 1998 to Virginia Goldstein in which you provided comments on the subject application. Per your suggestion, we will be contacting the Army Corps of Engineers to confirm which, if any, Federal permits would be required for the subject development. The developer, Hawaiian Development Corporation, its engineer or representative will also coordinate with your office regarding the requirements for obtaining an NPDES and other environmental permits, as necessary, prior to construction. Please note that with the recent decision of the Land Use Commission to reclassify the subject property into the Urban district, the State Land Use District Boundary Amendment Petition that was submitted with the subject Change of Zone application was rendered moot and has since been withdrawn. Additionally, the Change of Zone application submitted by HDC has been amended to increase the petition area from 14.96 to approximately 17 acres. This increase to the project area, however, will not significantly alter the development program or permitting requirements of the project. On behalf of Hawaiian Development Corporation, we thank you for your comments and recommendations related to the subject application and look forward to working with you and your staff as we proceed further with the planning of the proposed Mohala Village Commercial project. Sinc ely, J res Leonard, AICP, Managing Director R HAWAII -Hilo Office cc: ? V. Goldstein J. Whitney R. Wheelock 88 B. Tsukazalki F. Branq, ,111. Frank Brandt • Thomas S. Witten R. Sian Dnn(m • ILusc 111'. J. Chung HONOLULU OFFICE 11X11 BISHOP STREET, PACIFIC: TOWER, SUITE Ictl), I ION(H.ULU, HAWAII 1NiK)Y4429 TELEPIIONE: (RIN)521-5641 FAX: (KIIK) 5'4-1 Nq h:Al:\IL: yhl Lirtuluha.ucl WAILUKU OFFICE I IILU OFFICE 2123 KAOI III STREFT, W:\ILUKU, I IAWAII 9681&22(H III)AUPUNI SFRIX 1. IIII O I-U:OIIN CLNI'ER.SUITE :4141, 1111.(), HAWAII 96720-4276 BENJAMIN J. CAVETANO o - KAZU HAVASHIDA MVERNOR DIRECTOR DEPUTY DIRECTORS BRIAN K. MIN" ,g GLENN M. OKIMOTO ~'O.e. w?..o~f STATE OF HAWAII IN REPLY REFER TO. DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET STP 8.8744 HONOLULU, HAWAII 96813-5097 August 17, 1998 0 Ms. Virginia Goldstein c~ n Director n; Planning Department County of Hawaii 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 Dear Ms. Goldstein: Subject: Hawaii Development Corporation (Mohala Commercial Village) - Amendment to Zone Change Thank you for your transmittal requesting our review of the subject zone change amendment. The proposed project is anticipated to adversely affect the intersection of Queen Kaahumanu Highway and Henry Street. The traffic report incorrectly assumes that the DOT's Queen Kaahumanu Highway widening project will be able to accommodate the proposal, and does not recommend any mitigation measures. Based on the schedule and scope of the DOT's project, this is a false assumption. The applicant should be responsible for required intersection improvements; and should be advised to coordinate with our Highways Division on the specific requirements and to explore the opportunities for cost share arrangements. Thank you for the opportunity to provide comments. Very truly yours, XU HAYA IDA Director of Transportation i 9P SEP 14 Pt9 1 20 L\NN PIANNING _ L1NpSCAPl: ARCHITECTL Hh- ENN RONAIENTAL STUDIES - 000?ai ~ l.f' rl+Slhil September 10, 1998 Ms. Virginia Goldstein, Director Department of Planning County of Hawaii 25 Aupuni Street, Suite 109 Hilo, Hawaii 96720-4252 CHANGE OF ZONE APPLICATION (REZ 98-12) REQUEST: A-5a TO CG-20 APPLICANT: HAWAIIAN DEVELOPMENT CORPORATION (HDC) TAX MAP KEY: 7-5-3:6 AND 7 Dear Ms. Goldstein: We would like to provide the following comments and corrections to the items listed in the Hawaii Planning Department Background Report for the subject application Item 15, page 3. Based on a recent property survey the area of the total property is 126.253 acres, Item 23, page 5. Based on field research recently undertaken by the project archaeologist, the additional sites listed in the inventory survey as potentially significant as possible burial sites, were found not to contain any burials. Item 23, page 5. As part of the preparation of the burial treatment plan, the single know burial site within the property has been determined to be located within the project site rather than mauka of it, as was stated in the application background report. A recent survey has determined that the burial site is located near the mauka, northeastern comer of the project site at approximately the 230 foot elevation. Treatment of this site will be handled according to the requirements of Section 43 of Chapter 6E, HRS, related to Historic Preservation. The Burial Treatment Plan, which is near completion will be submitted to the DLNR- Historic Site Preservation Division for review and approval, including review by the Hawaii Island Burial Council. p~ V1'1D. hm,k ISruuh fhoD.... S. A1'luoit • K_ 11.1D IluDreD . R'i"' It 1. I. I.hDUq QSCI S IIONOLGLU OFFI('E IUn114111111' ~ I RII I.1'A1JI It 111AIIRV11I1 i-1111iA1g111 IIAAIA11'°x}11 '.1!v ILLI 1'1111AI i. n, " l1 l FVA ~11 2111112 1-%1111 ldiihr, l-- UA11.161 (11111.1 11111.1111111 J{6V11111 1IRIII AI"I161 11AAA.AII ~n- ttJ!nl 1,1 It It AI1IRII 1_I 111111 A1.1viA 111111: till In III,, ItII"II f _ IIIIPIh.11 1.11 llJ J'Tn 1A]1I1.i_I'_ 11 11[II'IIUAI n.., "1 IAA i11 "1L1i I Ms. Virginia Goldstein TIE: CHANGE OF ZONE APPLICATION (REZ 98-12); HAWAIIAN DEVELOPMENT CORPORATION; TMK:7-5-3:6 AND 7 September 10, 1998 Page Two Item 24, page 6. The access road extending form Henry Street to the project boundary (Road A) has a 60 foot right-of-way (ROW). Although a 36 foot roadway with curbs gutters, sidewalks is planned, HDC plans to extend the 60 foot ROW though the project site. In the Department's Background Report a 36 foot ROW is mentioned on page 6. We thank you for the opportunity to pro,4de these additional comments. Sinc rely, es M. Leonard, AICP Manging Director PBR HAWAII-Hilo cc: R. Wheelock B.Tsukasaki J. Whitney 1 - BENJAMIN J. CAYETANO KAZL' HAYASHIDA RECTOR GOVERNOR DIRECTOR es M-_, DEPUTY DIRECTORS ! BRIAN K MINAAI 'q GLENN M. OKIMO KIMOTO ~oQ4 of STATE OF HAWAII IN REPLY REFER TO. DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HWY-PS HONOLULU, HAWAII 96813-5097 2.0962 SEP 18 1998 Ms. Virginia Goldstein f Director Planning Department County of Hawaii 25 Aupuni Street, Room 109 Hilo, Hawaii 96720 Dear Ms. Goldstein: Subject: Hawaiian Development Corporation (HDC) Change of Zone Application (REZ 98-12) Traffic Impact Assessment Report (TIAR) We understand that since HDC's initial filing for a Change of Zoning, the State Land Use Commission (SLUC) approved a petition initiated by the County of Hawaii for a district boundary amendment (Docket No. A94-705) affecting the HDC property and others. We further understand that as a condition of the SLUC approval, the landowners of the affected properties are required to receive approval from the Department of Transportation (DOT) for a TIAR prior to approval of a zoning application. The applicant, in response to our comments to the project TIAR expressed in my letter of August 17, 1998, has met with my staff to discuss our concerns and has prepared a revised TIAR addressing these concerns. Because of the complexities of the transportation issues involved, we will require additional time to analyze and evaluate the revised traffic study. However, in the interest of time, we would not object to the County proceeding with its review of the application. However, HDC must obtain DOT's approval of the revised TIAR prior to receiving final zoning approval. Following our review of the revised TIAR, we will be submitting comments to the County, including recommended roadway improvements needed to mitigate the project generated traffic impacts, including possible cost sharing in regional transportation system improvements. 08861 i Ms. Virginia Goldstein HWY-PS 2.0962 Page 2 SEP 18 1998 Should you have any questions regarding this matter, please contact Ronald Tsuzuki, our Head Planning Engineer, at 587-1830. Very truly yours, KAZU HAYASHIDA Director of Transportation ' qR JUL 7 Pit 1 49 LN'RON :ANII'fE(DI VNVFNO\pl! NTAI. till nII I CON h=ll July 6, 1998 Ms. Virginia Goldstein, Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 SUBJECT: AMENDMENT REQUEST CHANGE OF ZONE APPLICATION (REZ 98-2) APPLICANT : HAWAIIAN DEVELOPMENT CORPORATION TAX MAP KEY: 7-5-3:6 & 7 Dear Ms. Goldstein; On behalf of Hawaiian Development Corporation, this is to request an amendment to the previously submitted Change of Zone application for the Mohala Commercial Village Project. With the recent approval by the State Land Use Commission (SLUC) of the County initiated District Boundary Amendment Petition (Docket A94-7W, the subject property was among those properties reclassified from the Agricultural to Urban District. This action by the SLUC effectively rendered moot the State Land Use District Boundary Amendment Petition which was submitted concurrently with the subject application for an approximately 14.96 acre portion of the property. This petition will be withdrawn shortly pursuant to a letter request which you will receive from Ben Tsukazaki, Attorney for Hawaiian Development Corporation. With the recent urbanization of the full property, the applicant now seeks to amend the previous application by expanding the petition area from 14.96 acres to approximately 17 acres. In that the preliminary engineering and traffic impact analysis reports submitted with the application were prepared on the basis of a maximum potential development of 150,000 square feet of commercial and retail uses, and the expanded development program will remain less than this planning parameter, no additional impacts to the project infrastructure requirements are anticipated beyond those described in the initial application. Additionally, the adjustment to the mauka boundary will not significantly affect the environmental impacts or, conversely, the proposed mitigation measures as described in the Background and Environmental Report submitted with the application. Therefore, the assessment of environmental and technical issues, as addressed in the Report remains unchanged. W ra. Frank Brandt • Thomas S. Witten R. Stan Duncan • Russell Y.J. Chung HONOLULU OFFICE (36330 1001 BISHOP STREET, PACIFIC TONER. SUITE fit,(). HONOLITA HAl1bUl96NIS-3429 TELEPHONE. (XIIX) 5245641 FAS. (NUN) 52'41402 E-MAIL P6rhiv5aloLu.na-1 V1'AllUKi OFFICE HILOOFFICE 1123 KOHL' SFREET \1'AILUKL'. HAu All 9679:42204 101 AUPUNI STREET. IJILO L\fiOON CENTER, SUITE 310, 1411-0. IIANA119672U4276 IELLI-IJUNE: (808) 242' 2878 FAX. (808) 2422902 TELEPHONE. (SOP) 961-9333 FAA- (8118) 9014989 Ms. Virginia Goldstein, Director RE: AMENDMENT REQUEST CHANGE OF ZONE APPLICATION (REZ 98-2) APPLICANT : HAWAIIAN DEVELOPMENT CORPORATION TAX MAP KEY: 7-5-3:6 & 7 Page 2 We have enclosed for your reference twenty copies of this letter with an updated Location Map, Conceptual Site Plan, and Preliminary Subdivision Plan showing the revised project boundary and site layout. Also enclosed is a revised zoning description for the proposed project from a registered surveyor, including the following: • On (1) original vellum map showing the proposed zoning change (from Agriculture A-5a to General Commercial CG-20) • One (1) full-scale print of the Change of Zone map • Twenty (20) reduced (81/2"X11 prints of the Change of Zone map • A computer diskette with the map description (CADD file) • A computer diskette with the text description (WordPerfect 6.0 format) Also, please note a typographic error in our initial application which identified the applicant as Hawaii Development Corporation. This should be corrected to read: Hawaiian Development Corporation. Should you have any questions or require additional information regarding the subject application or amendment request, please contact either myself (961-3333) or Mr. Ben Tsukazaki at Menezes, Tsukazaki, Yeh and Moore (961-0055). Sincerely, Jan s M. Leonard, AICP aging Director PBR HAWAII - Hilo Office Enclosures. cc: J. Whitney R. Wheelock B.Tsukazaki F. Brandt KEAHOLE PT' KEAHOLE AIR vv)' t\T t ,II 1 Ir"I BAY r b. Zn ~ V U ~ r\ ' ~ ' t \ ~ tit Y ~b~•c~. Y ~ ~ S ~ HONCK A \ Mohala Property PROJECT SITE '7:7Tr r Sr' 'KAILUA-KO KJULLIA ,t \ KA UELA n(\ l k ~+I t \ 1 HILD AREA 1 ONAA ENLARGED ABOVE KEAUHOU NAALEHU ISLAND OF HAWAII NO SCALE FIGURE 1 Regional Location Map MOHALA COMMERCIAL VILLAGE 0 4000 8000 Souroe: USGS, 1982 FEET May 1998® 0 N ~ n uu aav :3wa U ~ ~wux rii ~ ~ y w _ C ~ Y Q N E ~ 3 A a _ m E _ a i O _N p o° o~ ti o a a r N ~ \ of a"'_ e °-~~Q \ o E a ~ p g J ~ g f5 \ \ s sit t o to ~ As a GG loz: N M ~1 1 \ V U W J 5 0 9 J N Z J 'S \ `fie \ byO u al t~ O r xt` Y J SPO pbSSOJJ W y a m V_ ~ HH m m ~ U `V" N cn U o o c N .2 r~ o W C Q a: a) V IS I -fo \Vr \ ~ ~G v 1 ASAP i o W C7 m IJ con CO r~ o Y .r " rn i r' E ~ { t LAND I'I INNING I.ANDSCAPF Arsg11TEC1 oILL t NIIRUNMIi\I'AI. 51DDI15 May 27, 1998 Ms. Virginia Goldstein, Planning Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 SUBJECT: CHANGE OF ZONE APPLICATION MOIIALA COMMERCIAL CENTER KAILUA-KONA, HAWAII APPLICANT: HAWAII DEVELOPMENT CORPORATION TMK: (3)7-5-03: PORTIONS OF 6 AND 7 Dear Ms. Goldstein: On behalf of Hawaii Development Corporation, the enclosed application seeks a Change of Zone from the current Agricultural (A-5a) to General Commercial (CG-20) designation for an approximately 14.96 acres parcel located in Kailua-Kona, Hawaii. The project site is directly mauka of Queen Ka`ahumanu Highway, approximately 2,000 feet north of the Queen Ka`ahumanu/Palani road junction and accessed from a roadway extension to Henry Street adjacent to the recently completed Crossroads project. A State Land Use (SLU) Boundary Amendment Petition, seeking to amend the SLU Agricultural District by incorporating the affected area as part of the Urban District, is being filed concurrently with this application. The original and twenty copies of the SLU Boundary Amendment Petition is enclosed with this submittal. To meet the submittal requirements for this Change of Zone application enclosed are the following: 1) A check (Check No. 440-2698344) in the amount of $600.00 ($500.00 processing fee, plus $25.00 per lot [41 or unit proposed by the amendment.) Wm. FIanL 1}Iandl • Ihumas S. Witten • R. Stan Duncan • Russell A'. 1. Chung HONOLULU OFFICE 10111 14151101'S1 RLI I. I' V H R: IbV('I'R, S1'M ;50. IIONOIA LU, IIAWAII (I6KI3 9'29 I FI I'.V I )V 0081 921-61[41 4AX (808) 5211402 E-MAIL: pbduF9zlaLz.n,I N%AD 1'KV OFFIt'I I I I I ( 1 0111 1' 212'3 KA01I1 S I REE I. O' AILCKI I, I I N.N II 9a79 'b 21(11 11)1AIPtNISIRIA1,11110LA(.1ION('.I.NIFR.SI'III VIII. I I I I 0, I IAWAII V69211929b I ELLFI IOV E'. (908) 21228]8 IAA (8118) 292-2.9D2 1 6LEPI ION E(808) 961:9933 1 'AX'. (MIS) 96 1 1989 Ms. Virginia Goldstein RE: CHANGE OF ZONE APPLICATION MOHALA COMMERCIAL CENTER May 27, 1998 Page Two (2) 2) The original and twenty (20) copies of the Change of Zone Application, including a. Location Map of the property. b. Conceptual Site Plan with existing and proposed structures. C. Proposed Zoning Plan (reduced copy). d. List of names, addresses, Tax Map Key Numbers of surround property owners who are to receive notice under Section 25.2-4. e. County Environmental Report prepared for the proposed action according to the County Planning Department Guidelines. 3) One full-size copy proposed zoning plan with legal description of the property in map and written form by metes and bounds, as certified by a surveyor. 4) One full size copy of the Conceptual Site Plan. Should you require an further information or have any questions on the information provided in this application letter, please do not hesitate to contact either myself at 961-3333 or Mr. Ben Tsukazaki Esq. of Menezes, Tsukazaki Yeh and Moore at 961-0055. Sin erely, ~)M= MLE ONARD, AICP ing Director PBR Hawaii-Hilo Office xc: J. Whitney R. Wheelock B. Tsukazaki D. Hulse COUNTY OF HAWAII PLANNING DEPARTMENT CHANGE OF ZONE APPLICATION (Type or legibly print the requested information) APPLICANT: Hawaii Devel ent Corporation APPLICANT'S SIGNATU DATE: 5 -s J seph I I. 'Whitney, Its President ADDRESS: 700 BISHOP STREET. SUITE 1000 HONOLULU HAWAII 96813 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: _Joseph II. itney (rts er si el t,' r_Ms e3- nt, y._d asure PHONE:(Bus.) (808)599-5720 (Res.) (Fax) (808)526-9537 LANDOWNER(S): SAME AS APPLICANT LANDOWNER SIGNATURE(S): DATE: (Maybe by letter) LANDOWNER(S) ADDRESS: SAME AS ABOVE REQUEST: Agricultural (A-5a) TO: General Commercial (CG-20) TAX MAP KEY: Portions of (3)7-5-0306 AND 07 STREET ADDRESS OF PROPERTY: N/A _ SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONE: 14.96 Acres t AGEN'T': PBR Hawaii - Hilo ADDRESS: Attn: James M. Leonard AICP 101 Aupuni Street. Suite 310 Hilo Hawaii 96720 TELEPHONE: (Bus.) 961-3333 (Res.) (Fax) 961-4989 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Applicant COPIES: 1. James Leonard - PBR Hawaii @ 101 Aupuni Street, Suite 310 Hilo, Hawaii 96720 2. Ben Tsukazaki, Esq. @ 100 Pauahi Street, Suite 204 Hilo, Hawaii 96720 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? Yes If yes, please answers the rest of question 1 and then to question 3. a. How may acres of the requested area do you intend to subdivide? 14.96 ± acres b. Into what lot sizes? 20,000 sq/ft + 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? 12 months if you intend to subdivide, please submit a preliminary schematic subdivision plan together with you change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: N/A a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? C. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (Please state) f. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also include in you answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. What specific building plans do you have for the subject land? Include in your answer the following: type of building (apartment, office, launderette, etc.), financing arrangement; timetable for construction; and any other information which you feel might help us in evaluating your request. The applicant anticipates a mix of large commercial, retail and service oriented businesses under lease agreement or pad sale to owner/users. Following the requested regulatory approvals, which arc anticipate to talke eight to ten months, construction is expected to commence widiin two years. 4. Have you performed any study which would demonstrate a need for your proposed building and/or development? Yes If so, please elaborate on your findings in the space provide below. The applicants own marketing assessment indicates: 1) there is currently a shortage of suitable commercially-zoned, fee- simple properties in the Kailua-Kona area; and 2) the project site benefits from favorable site locational and regulatory characteristics which make it ideally suited for the proposed use. 5. Have you performed any study which discusses the environmental impacts your request would have on the surrounding area and/or the County? Yes If so, please elaborate on your findings in the space provide below. The enclosed County Environmental Report has been prepared meeting the requirements of Section 25-2-42 of the Hawaii County Code. 6. Are there any buildings on the subject area? No If so what kind? What do you intend to do with those buildings if you request is approved? N/A 7. Is the subject land currently being use for any agricultural activity? Yes If so, please list the kinds of products grown and on how many square feet or acres of land per product. The site is used intermittently for cattle grazing. 8. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. Section 2.1.8.6 and Appendix D (Engineering Report) of the attached County Environmental Report provides a detailed description of the existing drainage characteristic of the property and proposed drainage system improvements. 9. Do you think that the roads leading to the subject area needs improvements? No If so, what kind? The extension of Henry Street and Road "A" leading to the project site were recently completed concurrent with the development of the adjacent Crossroads commercial project and are adequate to meet the needs of the proposed project. Is the road adequate for the proposed traffic volume or load? Yes Near term improvements are planned by the State DOT to Queen Kaahumanu Highway and the Henry Street intersection which will mitigate the currently conjested conditions at this intersection. 10. What sort of governmental assistance and /or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools XX b. Roads XX C. Sewer XX d. Drainage XX e. Police Protection XX f. Fire Protection XX g. Recreational Facilities XX h. Public Utilities XX i. Other For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Planning for the project will need to be coordinated with the County to insure that police and fire protective services provided in the area are extended to the project site at the time of development. Extension of public utilities (sewer, water, power, telephone CATV) to the project site. Based on the Engineering Report (Appendix D) prepared for the project, County and public utilities systems in the area appear to adequate to service the project. 11. Have you performed any historic sites study and/or survey of the subject area? If so, what were the results? Please, also, submit a copy of the study together with this change of zone supplement. Yes An Archaeological Inventory Survey Report, which has been reviewed and approved by DLNR Historic Sites Preservation Division, is included as Appendix C to the enclosed County Environmental Report. Signature: Address: q7O ai i Develoment Cor 0 Bishop Street, Suite 100 Honolulu. Hawaii 96813 Telephone: (808) 526-9537 Date: S K-9 LOT 6-A LAND SITUATED NORTH OF QUEEN KA'AHUMANU HIGHWAY EXTENSION AND EAST OF CROSSROADS SUBDIVISION ADJOINING LOTS 1 THROUGH 5 AT LANIHAU 2ND AND MOEAUOA 2ND NORTH KONA, HAWAII, HAWAII BEING PORTIONS OF ROYAL PATENT GRANT 1861, APANA 1 TO KAHIAMOE AND ROYAL PATENT 8126 LAND COMMISSION AWARD 9981, APANA 27 TO W. P. LELEIOHOKU Beginning at the Southwesterly corner of this parcel of land, being on the East side of Lot 3, the coordinates of said point of beginning referred to Government Survey Triangulation Station KAILUA (NORTH MERIDIAN) being 511.32 feet North and 2,210.50 feet East and running by azimuths measured clockwise from True South: Thence, along the Great Wall of Kuakini, along the Crossroads Subdivision for the following 27 courses; 1. 1470 02' 00" 126.60 feet along Lot 1 to a point; 2. 1630 43' 00" 40.60 feet along Lot 1 to a point; 3. 1910 45' 00" 4.80 feet along Lot 1 to a point; 4. 1750 26' 00" 41.65 feet along Lot 1 to a point; 5. 1790 32' 00" 62.00 feet along Lot 1 to a point; 6. 1670 59' 00" 8.10 feet along Lot 1 to a point; 7. 1790 25' 00" 34.69 feet along Lot 1 to a point; 8. 1710 57' 00" 54.32 feet along Lot 1 to a point; 9. 1710 57' 00" 7.83 feet along Lot 2 to a point; -Iof4- DON McINTOSH CONSULTING TMK: (3) 7-5-03: Por. 6 & 7 P. 0. Box 58 Kailua-Kona, Hawaii 96745-0058 JOB NO: 2052-97 10. 1720 08' 00" 38.40 feet along Lot 2 to a point; 11. 1790 09' 00" 50.70 feet along Lot 2 to a point; 12. 1720 19' 00" 10.40 feet along Lot 2 to a point; 13. 1740 48' 00" 25.06 feet along Lot 2 to a point; 14. 1740 48' 00" 6.35 feet along Lot 3 to a point; 15. 1820 04' 00" 40.78 feet along Lot 3 to a point; 16. 1740 23' 00" 50.90 feet along Lot 3 to a point; 17. 1700 26' 00" 23.45 feet along Lot 3 to a point; 18. 1700 26' 00" 26.81 feet along the end of a 60-feet wide roadway to a point; 19. 1760 02' 00" 33.27 feet along the end of a 60-feet wide roadway to a point; 20. 1760 02' 00" 1.32 feet along Lot 4 to a point; 21. 1690 10, 00" 56.20 feet along Lot 4 to a point; 22. 1760 00' 00" 39.80 feet along Lot 4 to a point; 23. 1690 01' 00" 45.80 feet along Lot 4 to a point; 24. 1740 07' 00" 48.96 feet along Lot 4 to a point; 25. 1740 07' 00" 10.34 feet along Lot 5 to a point; 26. 1730 34' 00" 33.10 feet along Lot 5 to a point; 27. 1740 13' 00" 49.90 feet along Lot 5 to a point; Thence, along a stonewall, along L. C. Award 8559-6, Apana 11, along Lanihau 1st. for the following four (4) courses; -2OF4- DON McINTOSH CONSULTING TMK: (3) 7-5-03: Por. 6 & 7 P. O. Box 58 Kailua-Kona, Hawaii 96745-0058 JOB NO: 2052-97 v 28. 2560 46' 05" 63.22 feet to a point; 29. 2700 28' 00" 29.75 feet to a point; 30. 2630 08' 10" 191.54 feet to a point; 31. 2630 34' 29" 110.11 feet to a point; Thence, around the archeology site, along the remainder of R. P. Grant 1861, Apana 1 to Kahiamoe for the following five (5) courses; 32. 060 41' 00" 95.78 feet to a point; 33. 3180 43' 00" 65.01 feet to a point; 34. 2470 38' 00" 70.01 feet to a point; 35. 1960 18' 00" 64.81 feet to a point; 36. 1690 31' 00" 71.56 feet to a point; Thence, along a stonewall, along L. C. Award 8559-B, Apana 11, along Lanihau 1st. for the following four (4) courses; 37. 2540 24' 43" 157.32 feet to a point; 38. 2590 06' 00" 42.83 feet to a point; 39. 2620 04' 00" 20.74 feet to a point; 40. 2560 08' 00" 30.00 feet to a point; 41. 3370 57' 47" 617.38 feet along Lot 6-13 to a point; 42. 580 05' 05" 117.80 feet to a point; 43. 570 39' 40" 369.99 feet to a point; 44. 570 53' 10" 251.19 feet to a point; -3of4- DON McINTOSH CONSULTING TMK: (3) 7-5-03: Por. 6 & 7 P. O. Box 58 Kailua-Kona, Hawaii 96745-0058 JOB NO: 2052-97 4 45. 600 56' 18" 213.75 feet to the point of beginning and containing an area of 14.983 acres to a point; ,p C. l440,41/) DON McINTOSH CONSULTING o LICENSED NI 3---/ PROFESSIONAL £LAND � i • URVEYOR * asea Donald C. McIntosh, L. P. L. S. #4968 No.y 'An 6P' Consultant-Planner, Developments Kailua-Kona, Hawaii REVISED May 15, 1998 (replaces Description dated January 15, 1998) NOTE: The above description was written from available recorded maps and descriptions of the described property and adjoining properties. - 4 of 4 - DON McINTOSH CONSULTING TMK: (3) 7-5-03: Por. 6 &7 P. O. Box 58 Kailua-Kona, Hawaii 96745-0058 JOB NO: 2052-97 KEAHOLE PT ' ` /ice Y Rr/ r ,'ll dl is - i~r KEAHOL.E AIR r T~ . 7 ^Y t ~~r' Y I ' l ' IIJ~SI/~ ~1, ~1 Ili Il~dl ~ t •,41 ~ 1 ~ o A-~'V a1~~ III,) ~'y, r ~ ~ ? r `t'r I))IlIF 11 ~ HONOKOHA BAY - I : i Mohala Properly _ \S i \ 1 ('f" '~0' 4j l~°'• \~,la PROJECT SITE " ° ,,1~ ~ ,l KAILUA-KON/C r r'4 , ' h+' KAILUA BAY'S' . 1 1 > 1 y11 ~•%4~ J\ 1}) j i 1 1 t 1 l 1 .17 " KA UELA yl~ 1 INJ~~F y _t~~F tf ~1f ~If`r 1 `II I I 1 I~l i,l HILO (~ln ~ i P~ y, 1 1~. 1 KAILUA AREA r r KONA ENLARGED ABOVE KEAUWUBA k... NAALEHU ISLAND OF HAWAII NO SCALE FIGURE 1 Regional Location Map MOHALA COMMERCIAL VILLAGE 0 4000 8000 Source: USGS, 1982 ® Feet May 1998 F- A W ~ll W H~ T l~ Y~1 F~1 W LL N W ~ O LL Mn ~ Q o a ~ U U co O N d o O W O x ~ v C7 O a LL ` yo ~ u 4 m o 0 o m o 133J 00[•.1 31IJ5 ~ L n ~ rn wnox iwi V rn ~ z ~ o w o c : O L m U o \ o ° n 2'0~ wa - m O Q V m^ N O. ~ e'oo`o has o s o O N a Q O a z U V^` C 0 ~ Cl I~ J Y _ f N o y p m Y C7 N S i O t1 Z d - O r ~ b r O O TN ~ E ~ m o ` o 3 LL rO nO o mEoa+ a ~ \ ~ °~o mac ,n crmo `O \ \ S U O L _O O fb y T n~ .r~ C J i a a O a YCO L O~ L O (\\~\1i , 0 U J V n ; C 'V m t O9 \ n 0 0 0 0 U m o ,b ~ X56 o+t o o ~ Z 9 , NR oda~°c; 6a' ~ ~ ,r; F ~ v E m ; o t m o u t o 3 ti.+~ , ~j d1 \ U W Lj 71 '1 I y $ VIP ,w G 5 l c ! Y' 11~a£^^ eA Y - spoo bssa~~ MOHALA COMMERCIAL VILLAGE CHANGE OF ZONE APPLICATION LIST OF SURROUNDING PROPERTY OWNERS 7-5-3:10 7-5-2:26 7-5-3:27 Clarence Rapoza elal The Salvation Army John C. Rapoza PO Box 1287 PO Box 620 PO Box 4549 Kailua- Kona, III 96745 Honolulu, Hawaii 96809 Kailua-Kona, HI 96745 7-5-3:05 7-5-3:5 7-5-4:06 Caroline K. Smith etal I Ielen Watt David DeLuz/Robert Iwamoto PO Box 1082 PO Box 91 680 Iwilci Rd. #700 Kailua-Kona, HI 96745-1082 Kailua-Kona, HI 96740 Honolulu, HI 96817 7-5-4:06 7-5-4:07 7-5-4:07 Auto Import of Hawaii Inc. KKI Inc. KKI Inc. 811 Kanolehun St. 1418 Kamole Pl. Lanihau Properties LP Hilo, HI 96720 Honolulu, fit 96821 345 Queen St., #400 Honolulu, HI 96813 7-5-4:19 7-5-4:43 7-5-4:54 Maryl Development Inc. Wal-Mart Stores Inc. #2321 Duplicate PO Box 1928 c/o Properly Tax Dept. #8013 TMK 7-5-4:07 Kailua-Kona, 11196745 702 S.W. 8th St. Bentonville, AR 72716-8013 7-5-4:56 7-5-4:56 7-5-4:58 Duplicate Lanihau Center Venture Maryl Development, Inc. TMK 7-5-4:07 345 Queen St. #400 76-6831 AN Dr. Ste. K-15 Honolulu, 11196813 Kailua-Kona, HI 96740 7-5-4:59 7-5-4:60 7-5-4:61 Duplicate Central Pacific Bank Lyontree Equity Exchange TMK 7-5-4:58 220 S. King St., Suite 1501 Mr. A. Duncan King Honolulu, HI 96813 2471 E. Bayshore Rd. #501 Palo Alto, CA 94303 7-5-4:62 7-5-4:63 7-5-4:61 Betty Lau c/o Lau Enterprises County of Hawaii Duplicate 6176 May Way 25 Aupuni Street TMK 7-5-4:58 Honolulu, HI 96821 Hilo, HI 96720 7-5-22:126 7-5-22:127 7-5-22:128 Robert Corsair Business Acument Assoc. Inc. Kona Land Hui 75-5719 Alii Drive 929 Ahana Sir. Ste, 202 2924 Ala Puawa Pl. Kailua-Kona, lit 96740 Honolulu, HI 96814 Honolulu, 111 96818 tip. vt: 7-5-22:129 7-5-22:130 7-5-22:131 Terry Patrick Duplicate Melvin Y. Mabuni 21657 Pacific Coast Highway TMK 7-5-22:126 c/o Kalama Realty Inc. Malibu, Ca 90265 75-183 Kalani St. Kailua-Kona, HI 96740-1838 7-5-22:154 7-5-22:155 7-5-22:156 Damien/Mary Wong Douglas G. Amold Douglas G. Amold/B.L. Stahly 75-5699 Alii Dr. 75-209 Ala Onaona St 75-209 Ala Onaona St Kailua-Kona, HI 96740 Kailua-Kona, HI 96740 Kailua-Kona, 11196740 7-5-22:157 7-5-22:158 7-5-37:01 Okano Family Partners Dave/Ellen Purcell etal Malulani Gardens S/D LLC 524 Kalaniakoa St. 75-205C Ala Onaona St. 78-6980 Kaluna St. #135 Hilo, HI 96720 Kailua-Kona, HI 96740 Kailua-Kona, III 96740 7-5-37:02 7-5-37:03 7-5-37:04 Gregory a./Sharon 1. Clark Duplicate Duplicate Box 4311 TMK 7-5-37:01 TMK 7-5-37:01 Dubai, United Arab Emirates 7-5-37:05 7-5-37:06 7-5-37:07 Duplicate Duplicate Duplicate TMK 7-5-37:01 TMK 7-5-37:01 TMK 7-5-37:01 7-5-37:05 7-5-37:09 7-5-37:10 Derek/Carol Hamada Duplicate Duplicate PO Box 3093 TMK 7-5-37:01 TMK 7-5-37:01 Kailua-Kona, HI 96745-3093 7-5-37:11 7-5-37:12 7-5-37:13 Duplicate Duplicate Duplicate TMK 7-5-37:01 TMK 7.5-37:01 TMK 7-5-37:01 7-5-3:14 7-5-367:15 7-5-37:16 Duplicate Duplicate Patrick K. Greenwell TMK 7-5-37:01 TMK 7-5-37:01 76-6201 Alii Drive Kailua-Kona, 111 96740 7-5-37:17 thru 44 inclusive 7-5-37:45 7-5-37:46 Duplicate Brian R. Cook Development Duplicate TMK 7-5-37:01 78-6980 Kaluna St. #135 TMK 7-5-37:45 Kailua-Kona, HI 96740 7-5-3:03 Duplicate TMK 7-5-37:01