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HomeMy WebLinkAboutCOM 0207.000 2008-2010 0. as w~wt William T. Takaba William P. Kenm elonaging Dl, ecror Mayor Wally Lan E nr•a~ Depuip dAanaoing Direcmr County of Hawaii 891 Ulidani Street • I-lily I lmwai'1 96720-3982 • (808) 961-8211 Fax (808) 961-6553 KONA', 755706 Kuakini IlighrPag Suite 103 • Kailua-Kona, I-laeai'i 96740 (808) 3295226 • Pax(808)326-5663 0 era i) 7 3=D March 9, 2009 C ro _7. Honorable J Yoshimoto, Chairman T'. T 1i v C' and Members of the County Council ' f. County of Hawaii - ca 333 Kilauea Avenue Hilo, HI 96720 Dear Chairman Yoshimoto and Members: Change of Zone Application (REZ 08-000089) Applicant: William and Dixie Minson Request: ML-la to MCX-la Tax May Key: 7-3-51:65 As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action is the Planning Commission's letter and enclosures regarding the above-referenced request. Sincerely, William P. Kenoi Mayor Enclosures cc: Planning Department Comm. No. e~ Ref. To: L Ref. L)We fGiR 2 4 2009 J,ttr os 14K William P. Kenoi ~di'{ BJ Leithead Todd :Vasa, Planing Direclor 'r~rt or H~'MJ County of Hawaii PLANNING DEPARTMENT lwpuni Center • 101 Panahi Street, Suite 3 • IIiIo_ I-luwai'i 96720 Phone (808) 961-8288 Pas (808) 961-8742 March 9, 2009 u MEMORANDUM r TO: The Honorable William P. Kenoi, Mayor FROM: ~ Bl Leithead Todd, Planning Director - SUBJECT: Change of Zone Application (REZ 08-000089) N Applicant: William and Dixie Minson Request: ML-la toMCX-la Tax Map Key: 7-3-51:65 As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, submitted herewith for your transmittal to the County Council for their consideration and action is the Planning Commission's letter and enclosures regarding the above-captioned application. Enclosed for your signature is the cover letter to the County Council. After your review, please forward same to the County Council along with the Commission's letter and enclosures. Should you have any questions, please feel free to contact me. Enclosures 31au ai'i Counn, is an Equal Opportuni0, Provider and Employer 01511 'rtF pf'N~~ County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo. Hawaii 96720 Phone(808)961-8288 • Fax(808)96[-8742 March 9, 2009 a cu t) The Honorable J Yoshimoto, Chairman -.t and Members of the County Council " County of Hawaii 333 Kilauea Avenue, 2nd Floor su Hilo, HI 96720 cn ra Dear Chairman Yoshimoto and Council Members: Change of Zone Application (REZ 08-000089) Applicant: William and Dixie Minson Request: ML- I a to MCX-1 a Tax Map Key: 7-3-51:65 The Planning Commission, after a duly held public hearing on February 19, 2009, voted to recommend for your approval the proposed legislative bill for a change of zone from Limited Industrial - 1 acre (ML-la) to Industrial Commercial Mixed - I acre (MCX-I a) for approximately 1.3698 acres of land. The property is located between Hina Lani Street and Olowalu Street, bounded on the east by Kamanu Street, Kaloko Light Industrial Subdivision, North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant is requesting a change of zone from Limited Industrial - 1 acre (ML-la) to Industrial-Commercial Mixed - 1 acre (MCX-la) for approximately 1.37 acres (59,669 square feet) to allow a variety of industrial and commercial uses within a two-story, approximately 37,000 square-foot building. The building "shell" will be constructed by the applicant in three phases, and interior improvements to the building will be made by each tenant. Construction of Phase I has been completed and consists of approximately 7,983 square feet of space that is currently being leased for industrial and warehouse uses. Upon completion of Phases II and II the "shell" building will accommodate approximately 29,322 square feet of space that will be leased for commercial and industrial uses. The height of the structure will be less than 45 feet. Hawaii County is an Equal Opportunit's Provider and Employer The Honorable J Yoshimoto, Chairman and Members of the County Council Page 2 Eighty three (83) parking stalls are also proposed to comply with off-street parking requirements in the Zoning Code. Related site infrastructure improvements include landscaping, aerobic wastewater treatment systems and drywells to accommodate on-site drainage. The project is scheduled for completion in late 2011 at a cost of approximately $1.24 million, excluding interior/tenant improvements. 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. The change of zone request will conform to, among others, the Land Use and Economic elements of the General Plan and the Kona Community Development Plan. This proposed change of zone request is consistent with the Land Use and Economic elements of the General Plan in that the proposed development will provide additional and expanded employment opportunities for the residents of the area as well as the entire island. The employment opportunities from the proposed development as a result of this zoning request will generate both short-term (construction) and long-term (operational) employment. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The project area is designated Industrial. The Industrial designation allows for uses such as manufacturing and processing, wholesaling, large storage and transportation facilities and light industrial uses. The proposed zoning will allow a mix of uses in an area already established with industrial uses. Properties in the Kaloko Industrial Park are zoned ML-la, and include various industrial and retail uses, including Home Depot (located directly south of the subject property) and Costco. As a result, the area has become a regional destination for shopping and there is a growing tenant demand for commercially zoned properties in the area. In response to this demand some nearby properties have been rezoned from ML-I a to MCX-I a, including the property mauka of the project site (Kaloko Industrial Park Phases III and 1V), which was rezoned to MCX- I a in 2002. Therefore, a favorable recommendation of this change of zone request will be consistent with the land use pattern being established within this portion of North Kona. c The Honorable J Yoshimoto, Chairman and Members of the County Council Page 3 The Kona Community Development Plan (CDP) translates the broad General Plan statements to specific actions for the North and South districts. The subject property is located within the CDP's Kona Urban Area. The proposed zoning is consistent with the rezoning requirements of the CDP as it is consistent with the LUPAG and is considered "infill" development within an existing industrial area. All essential utilities and services essential to accommodate urban development are available to the site. County water is available to the site. Wastewater from the proposed development will be disposed of in an existing cesspool that has been approved by the Environmental Protection Agency (EPA). In addition, two separate 1,500-gallon Aerobic Treatment Plants (ATP), which have been approved by the Department of Health will be installed by the applicant. Solid waste will be disposed of by a private contractor at the County's Pu`uanahulu landfill. Electricity and telephone services are available to the site. The subject property is surrounded on three sides by Hina Lani Street, Kamanu Street and Olowalu Street which are County owned and maintained roadways. Access to the property is via two existing driveways on Olowalu Street and one existing driveway on Kamanu Street. Hina Lani Street runs along the north border of the property; however, the Department of Public Works (DPW) has prohibited access to this roadway. The Department of Public Works recommends access to the driveway on Kamanu Street be limited to right-turn in and out movements only. At the request of the DPW, the Planning Director recommended that the applicant provide a 10-foot wide future road widening setback easement along the entire Kamanu Street frontage and dedicate it to the County, upon request, at no cost to the County, for future widening of Kamanu Street. The current right-of-way width of Kamanu Street fronting the property is 60 feet and along the mauka side of Kamanu Street there is a 20-fool wide road lot that is currently owned by TSA Corporation, but is required by Ordnance No. 02 1 14 to be dedicated to the County. Upon dedication of this road lot, Kamanu Street will have a right-of-way width of 80 feet in this area, which is the same right-of-way width recommended in the Keahole to Kailua Development Plan (K to K Plan). However, according to DPW this 20-foot wide road lot was created to allow for a future double left turn lane with signal and right turn lane as identified in the traffic impact analysis report prepared for the Kaloko Industrial Park Phases III and IV development. DPW and the Planning Director recommend that the applicant provide a 10-foot wide future road widening setback because Kamanu Street may need an additional southbound through lane on the makai side (adjacent to the applicant's property) in the future if Kamanu Street becomes a through street north of Hina Lani Street as shown in the Kona CDP. The Planning Commission, however, does not agree that the 10-foot wide future road widening setback is necessary and, therefore, deleted this condition from its recommendation. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 4 Additionally, the existing mauka driveway on Olowalu Street, which the applicant had planned to use as the primary access to the site, is located less than 75 feet from the Kamanu Street intersection, and does not conform to Chapter 22, Hawaii County Code. To remedy this situation, DPW is recommending left-turn movements to and from this driveway be.prevented by the applicant either closing the driveway or installing a median barrier within Olowalu Street. The Planning Department advises against this recommendation because Chapter 22, Hawaii County Code was revised after the applicant constructed the driveway, so although the driveway is non-conforming now, at the time it was constructed it met the requirements of Chapter 22, Hawaii County Code. This driveway serves as the primary access to the development and therefore it would be unreasonably expensive to require the applicant to close off the driveway and re-design a different primary access for the development. The Department of Public Works is also recommending that the applicant provide sight distance easements along Olowalu Street and Kamanu Street. This recommendation will be included as a condition of the change of zone. The Kealakehe Police Station is located approximately two miles from the subject property, and fire protection is provided by the Kailua-Kona Fire Station located less than five miles from the property. The Kona Medical Center is located in Kealakekua, approximately ten miles from the property. Essential services and infrastructure, which include electricity, sewer, water, and roads, are available to the area. Thus, the granting of this change of zone would not unreasonably burden public agencies to provide roads and streets, sewer, water, drainage improvements and police and fire protection to accommodate the development of this property. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management Area. The subject property is located mauka of the Queen Ka`ahumanu Highway approximately two miles from the shoreline and is not in the Special Management Area. Thus, the property will not be affected by coastal hazards and beach erosion. There are no identified recreational resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources on the subject property. In a letter dated November 3, 2008, the State Department of Land and Natural Resources Historic Preservation Division (SHPD) stated that "no historic properties will be affected by this undertaking because development/urbanization and previous grubbing/grading has altered the land, and SHPD previously reviewed this project area and no mitigation was needed at that time." A condition of the change of zone will require that the applicant cease work and notify the Planning Department should any unanticipated archaeological features or sites be uncovered during the course of development. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 5 As the property is located in an urban area and cleared of any vegetation, no professional floral or faunal surveys were conducted. The applicant believes that no rare, threatened or endangered species occur on the property. There is no evidence of any traditional and customary Native Hawaiian rights being practiced.on the property, nor existence of any valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural, natural or historical resources in the area. Based on the above findings, approval of this change of zone request from Limited Industrial I-acre (ML-la) to an Industrial Commercial Mixed 1-acre (MCX-la) zoned district would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, an amendment to Section 25-8-3 (North Kona Zone Map), of the County Zoning Code is transmitted. We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, Rodney Watanabe, Chairman Planning Commission Lminson02PC Enclosures cc: William and Dixie Minson Department of Public Works Department of Water Supply Planning Department - Kona Department of Land & Natural Resources-HPD DOT-Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel ,•e BM insonRHZmj c-2/4/09 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT WILLIAM AND DIXIE MINSON CHANGE OF ZONE APPLICATION (REZ 08-89) WILLIAM AND DIXIE MINSON have submitted an application for a Change of Zone from Limited Industrial - 1 acre (ML-1 a) to Industrial-Commercial Mixed - I acre (MCX-1a) for approximately 1.37 acres (59,669 square feet) to allow a variety of industrial/commercial uses. The property is located between Hina Lani Street and Olowalu Street, bounded on the east by Kamanu Street, Kaloko Light Industrial Subdivision, North Kona, Hawaii, TMK: 7-3-51:65. PROPOSED DEVELOPMENT 1. Request: Change of zone from ML-la to MCX-1 a for approximately 1.37 acres to allow the development of a variety of industrial and commercial uses within a two-story building. The applicant intends on developing the property by constructing an approximately 37,000 square-foot, two-story "shell" of a building, in three phases. Construction of Phase I has been completed and consists of approximately 7,983 square feet of space and parking. This space is currently being leased to multiple tenants for industrial/ warehouse uses. Upon completion of phases II and III the "shell" building will accommodate approximately 29,322 square feet of space to be leased for commercial and industrial uses, approximately eighty-three (83) parking stalls, landscaping, and related site infrastructure including aerobic wastewater treatment systems and drywells to accommodate on-site drainage. Interior improvements to the building will be made by each tenant. (Planning Department Exhibit 1 - Change of Zone application) 2. Reason for Request: The applicant is requesting a change of zone to provide leased space for diversified business and employment opportunities by permitting a broad range of uses, including commercial uses. The applicant believes the location of the property, being visible from three roadways, is ideal for a mix of industrial and commercial uses. 3. Project Timetable: Phase I was completed in March 2008. Phases II and II are estimated to be completed by late 2011. -I- ATTACH: Cann. 207 Bill 54 4. Cost of Construction: Total construction costs will be approximately $1.24 million, excluding interior/tenant improvements. BACKGROUND 5. October 26, 1983: Effective date of Ordinance No. 83 38, which rezoned 126.828-acres from an Open (O) to a Limited Industrial - 1 acre (ML-1 a) zoned district for the Kaloko Industrial Park - Phases I and II consisting of 85 parcels. 6. November 13, 1998: Effective date of Final Subdivision Approval for the Kaloko Industrial Park Phase II project. 7. June 6, 2007: Effective date of Final Plan Approval for an industrial/ warehouse building on the subject property. SIMILAR REZONINGS IN THE AREA 8. Ordinance No. 03 20: Effective February 20, 2003, this ordinance changed the zoning of TMK's 7-3-51:66, 67, 68, and 69 from Limited Industrial - 1 acre (ML-I a) to Industrial-Commercial Mixed - 1 acre (MCX-Ia). These properties are adjacent to the subject property along its west border. 9. Ordinance No. 07 11: Effective February 21, 2007, this ordinance changed the zoning of TMK 7-3-51:96 from Limited Industrial - 1 acre (ML-I a) to Industrial-Commercial Mixed - 1 acre (MCX-1 a). This property is located approximately 1,500 feet south of the subject property, at the southeast comer of Maiau Street and Kamanu Street. STATE AND COUNTY PLANS 10. State Land Use Designation: Urban. 11. General Plan LUPAG Map: Industrial. 12. CountyZoning: ML-la. 13. Proposed MCX Zoning: The purpose of the MCX (industrial-commercial mixed use) district is to allow mixing of some industrial uses with commercial uses. The intent of this district is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing non-industrial uses to unsafe and unhealthy environments. This district is intended to promote and maintain a viable mix of light industrial and commercial uses. -2- • Height limit - 45 feet. • Minimum yards - front yards 20 feet, side and rear yards, none, except where the adjoining building site is in a RS, RD, RM or RCX zoned district. Where the side or rear property line adjoins the side or rear yard of a building site in a RS, RD, RM or RCX zoned district, side or rear yard must conform to the side or rear yard requirements for dwelling use of the adjoining district. 14. Kona Community Development Plan (adopted by ordinance on September 25, 2008): According to this plan, the project site is located within the Kona Urban Area. The primary land use strategy of the plan directs future growth to the Kona Urban Area through the creation of compact villages along proposed transit routes or through infill development. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 15. Subject Property: The property known as Aloha Plaza is an approximately 1.37-acre parcel in the Kaloko Business Park. It is relatively level and rectangular in shape. A partially constructed two-story, approximately 7,983 square feet building is on the property. Some of the footings and a retaining wall for Phases II and III have also been completed. The property includes a 10-foot wide planting screen easement along its frontage with Hina Lani Street. 16. Surrounding Zoning and Land Uses: Properties in the Kaloko Business Park are zoned ML-Ia and MCX-1 a, and include various industrial, warehouse and commercial uses. Immediately to the west of the property is the Hawaii Community Federal Credit Union on land zoned MCX-1 a. Home Depot is located south of the property across Olowalu Street on land zoned ML-la. There is vacant land to the east (mauka) of Kamanu Street zoned MCX-1 a and vacant land across Hina Lani Street to the north zoned Open. 17. U.S.D.A. Soil Type: Pahoehoe Lava Flows (rLW). This type of lava flow typically has no soil covering and is bare of vegetation except for mosses, lichens, ferns and a few scattered `6hi`a trees. 18. ALISH: Unclassified. 19. Land Study Bureau's Productivity Rating: Unclassified. -3- G 20. FIRM: Zone 'W', an area outside of the 500-year flood plain. 21. Coastal Hazards: The property is located approximately one mile from the shoreline, is not an oceanfront parcel, and will not affect, or be affected by shoreline processes. 22. Air/ Noise Quality: The proposed development should not generate any direct air or noise quality impacts. Fugitive dust during construction can be mitigated by compliance with the regulations of the Department of Health. There will be a temporary increase in noise during construction, however long term noise impacts are not anticipated as the surrounding area is industrial. 23. Scenic Resources: Views towards the ocean will not be diminished because the project will not exceed the maximum height limit of 45 feet and lands mauka of the property are at a higher elevation. Additionally, as views towards the mountains in this area are of the existing Kaloko Business Park, the proposed change of zone will not significantly affect scenic resources. 24. Flora/Fauna: As the project site is located in an urban area and disturbed, no professional surveys were conducted of the site. The applicant believes that no rare, threatened or endangered species occur on the site. 25. Archaeological/Historical Resources: A professional survey was not conducted for the subject property, as the site has been disturbed. In a letter dated November 3, 2008, the State Department of Land and Natural Resources Historic Preservation Division (SHPD) has stated that "no historic properties will be affected by this undertaking because development/urbanization and previous grubbing/grading has altered the land, and SHPD previously reviewed this project area and no mitigation was needed at that time." 26. Cultural or Native Gathering Rights: As the property is partially developed, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any valued cultural, historical or native resources in the area. 27. Traffic: The applicant states that "traffic impact should be minimal; road improvements are currently under construction on Hina Lani, Kamanu and Olowalu Streets in order to improve the flow of traffic in and out of the Kaloko Industrial area." 28. Public Access: There is no record of a public access to the mountains or shoreline areas -4- that traverses the site. PUBLIC UTILITIES AND SERVICES 29. Access: Primary access to the property is from Olowalu Street, which has two through lanes within a 60-foot wide right-of-way. There are two existing driveways from the property onto Olowalu Street. A secondary access is available to the property via an existing driveway at Kamanu Street, which also has two through lanes within a 60-foot right-of-way along the property frontage. The Department of Public Works (DPW) has restricted access at the Kamanu Street driveway to allow only right turn in and out movements. The DPW has also prohibited access to Hina Lam Street which runs along the property's north border. All three of these roadways are County owned and maintained. Planning Department Exhibit 2, Traffic Circulation and Roadway Improvement Plan for the Kaloko Industrial Park Subdivision Phase III and IV shows the layout of these roadways in relation to the subject property. 30. Water: County water is available to the site. 31. Wastewater: The property has a cesspool that has been approved by the Environmental Protection Agency (EPA). In addition, two separate 1,500-gallon Aerobic Treatment Plants (ATP) were approved by the Department of Health on July 10, 2007. According to the applicant, one ATP is awaiting final hook-up and the absorption beds for both systems have been installed and approved. The second ATP will be installed during the construction of Phase II. 32. Solid Waste: Solid waste will be handled by a private contractor. 33. Essential Utilities and Services: Electricity and telephone services are available to the site. The Kealakehe Police Station is located approximately two miles from the project site, and fire protection is provided by the Kailua-Kona Fire Station located less than 5 miles from the property. The Kona Medical Center is located in Kealakekua, approximately ten miles from the site. AGENCIES' AND ORGANIZATIONS' COMMENTS 34. Department of Public Works: Planning Dept. Exhibit 3 -December 24, 2008 memo 35. Department of Water Supply: Planning Dept. Exhibit 4 - December 19, 2008 memo -5- 36. Department of Environmental Management: Planning Dept. Exhibit 5 - December 4, 2008 memo 37. Police Department: Planning Dept. Exhibit 6 - December 5, 2008 memo 38. Fire Department: Planning Dept. Exhibit 7 - December 12, 2008 memo 39. DLNR Historic Preservation Division: Planning Dept. Exhibit 8 - December 22, 2008 letter 40. Department of Health: Planning Dept. Exhibit 9 - December 18, 2008 memo AGENCIES - NO COMMENTS/CONCERNS 41. Department of Land and Natural Resources- Land Division. AGENCIES-NO RESPONSE 42. Office of Housing and Community Development, Department of Transportation, Kona Traffic Safety Committee, Natural Resources Conservation Service. PUBLIC COMMENTS 43. None as of this writing. -6- ~L,P tii4 t' PIRRE IT CHANGE OF ZONE APPLICATIONII OF Il€':4rtAil P1 If: 04 COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: iam. CL r APPLICANT'S SIGNATURE: iv~sow DATE: 1 1 -12-0 $ ADDRESS: r13 5~o I 01r\wg 1 S+r e t Su i +t A i{aiIu.o. Kszimct H:1 Q(07`I0 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.) (Fax) LANDOWNER(S): W i t i arv-.- n x e (n i n 5 o r LANDOWNER SIGNATURE(S): ihSo~ DATE: I 1 - 12 -p8 (Ma be by letter) LANDOWNER(S) ADDRESS: -7 3- 5 (o I 3 /U l o w S t r e e A 1{0- kor-%a. HZ 96-740 REQUEST: M TO N G X- 14 (Existing zoning) (Proposed Zoning) TAX MAP KEY: 3) 7- 3- 051- 0 6, 5 STREET ADDRESS OF PROPERTY: -13 - 5 6 11 O 1 o w e I s& S t-r ee'l', Suite A IC ai l ua- Korica H2 9 Ely 0 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: . f t . AGENT: h e- r ADDRESS: '13 -5(nl~ OODwQ~u S~ree.+ Sri Jr- A K o-i lue.- Inn 4, Hl- 9 6 ^710 TELEPHONE:(Bus.) j 808) 4g -1- 9 71 9 (Res.) NO?) 9 g7' 971 9 (Fax) (808 33 4 - 1 9S 6 Please indicate to whom original correspondence and copies should be sent. t \ (J') I h 50 r.~ ORIGINAL: I I i I I i aryl. UI t° COPIES: Planning Dept. Exhibit v qpl u Will iam Taka [arryKim ba Mayor Finance DKOCtpr fem. + Nancy E. Crawford Deputy Director . Orr-ui•N~'~'* County of Hawn" DEPARTMENT OF FINANCE - REAL PROPERTY TAX 101 Pauahi street • Suite 4 • Hilo, Hawaii 96tO4679 • Fax (808) 961-8415 Appraisers(908)961-9354 • Clerical (808) 961-8201 • CDUections (808) 961-8282 • - 75-5706 Kuakini Highway • Suite 112 • Kailua-Kona, Hawaii 96740 • Fax (808) 327-3538 . Appraisers (808) 327-3542 • Clerical (808) 327-3540 REAL PROPERTY TAX CLEARANCE Date- /0 -90-09' TW/Parcel I.D. No. (3) - 3 O 571-06S- (3) (3) This is to certify that in x s tY) i ti/5a~ (Owner's of record) has paid the County of Hawaii for the real property taxes due for the parcel (s) listed above upto and including G/ vu i3Ea2 3 t. OC 9L bda e Real Property Tax Clerk Hawaii County is an Equal Opportunity Provider and Employer. To: County of Hawaii Planning Department Re: Change of Zone Application From ML-1 a to MCX-1 a For: William and Dixie Minson dba Aloha Plaza 73-5613 Olowalu Street, Suite A Kailua-Kona, HI 96740, TMK: (3) 7-3-051-065 Date: November 12, 2008 Contact Information: Name: Willie Minson Phone: 987-9719 Fax: 334-1956 ATTACHMENT Commercial, RM, Resort, & Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. if your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? NO If yes, please answer the rest of question I and then to question 3. a. How many acres of the requested area do you intend to subdivide? - b. Into what lot sizes? C. if your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you nave no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? N 0 C. Sell or lease the land to someone who has no plans? O d- Keep it? Y F- 5 e. other (please state) f. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. N/A 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. ?he bual(iinc~ ~ler+s are ;or o. %-S+or.~ oo«,c.re.*e. bk. lACU w n~ it~+ Mi%ecL tenancy. -Tht SubJect prope.ri bordexe b~ 3 Stree~$ (Nina Loni~ KO.mart%A., C~IOwo.lui5 ver~ % ~ovoroblE an& destra6ie- for MC-)C - 10.. -xOnin4. ?he Sub,eCt ~co~ecF , if rezoned from ML-10- to MC-Y,- 10.., Co..\d- provide. more dlrs\fied b.+siness o~po~tun~ties b.l ~ermit+~h~ O- ~.+i+hO~+.t exPoJinq won- iduS}°io.1 .1 uses to broud ror e- O~ u5e5, n uc%5064C ZA ~+h~ea\+?~yy env\ronrnerr~~is. JI~\t~ouQ` h pregentl~\ oohed ML- 10- the ptv++5 wire degigne(~. to inGOr b?rO.}e }he "mor E stria er~i rec1vireMer~tS of mCy.- to, zo~ia- ApproY:krnate% 113 o +he ~o ec} has been COn,p?G}G d vn O-wo v ecl b y CON. -The bo.\ance~0+ the proper}-A has been is uc~de.r cons}ruc..tiorl. ComP1e}io'^ Of +he F mC.i+t teC~ o~i,c IS C5t1.~nate.d foc tote 2.011. 4. Have you performed any study which would demonstrate a need for your proposed building and/or development? if so, please elaborate on your findings in the space provided below. However, rncxecL use. zones 0. c e. Q,??TQprid'te- o re.oS O~c ecor-,oM~G fr0.r~5i ftOr , %`c'r-% 0"5 I~q~nt dus*r\a\ O.re-o.S V, e- Ko\oko ~hCauStt.iOA >aJcu ~hQt ace.r demor.d as sates for eoMrv%e.rC.ia\ uSe-S. -I'\ne Sib;Cc--t_ ~coperk- bora'c.CeC~. b~ 3 S}ree.'rs CHir,a La.r~~~ \lo~mo..n.•, 4 O1ow~\u,, ~S -qm b~\5\cseSSeS tuna-t wo..,\d 11K-e Je.r~ ~o:.?oco..b\e }tie rr.ixed-use 0?tic," ir% o. hitti\) exposed to ca~io~n. -2- 5. Have you performed any study which discusses the environmental impacts your request would nave on the surrounding area and/or.the County? --ROL If so, please elaborate on your findings in the space provided below. S~,,b~ect P~oPert S wo.s ~teviousk"A roi-L graded. o.r%CL 5ubdN;ded. ~r1or t0 Our f~ure%r%O.Se. 04 ttie d`'. 6. Are there any buildings on the subject area? Y E f' If so; what kind? There .S a a Stor~ ton crP- te What do you intend to do with those buildings if your request is approved? --i he exlStir,q bui Id;n~ w i i1 6@ ;orrn%.Aka}ed. Witti tt+e er,t;re e- -to o.etamo,&o.te MCX OCC%.A.Po.v\C•t . 7• Is the subject land currently being used for any agricultural activity? NQ if so, please list the kinds of products grown on and how many square feet or acres of land per product? -3- 8. To your knowledge, has there been any flooding and/or drainage problem on the subject area? If so, please describe the problem. 9. Do you think that the roads leading to the subject area needs improvement? If so, what kind? roads aye Cucre vlr\%.~ unde-'r Cor~S}euc}\Or. -Tr+\5 w'%\\ deq%V'i+eA1 - crn~rOVC. i\~~. \Ow O F -tco,.~qgcC. 1r\ and pert © ~ 2 ~0.\OK-O ~ndv~S}cCa.\ 0.cCQ.. Is the road adequate for the proposed traffic volume or load? 10. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? yes ao a. Schools b. Roads C. Sewer X d. Drainage ~X e. Police Protection ^ f. Fire Protection g. Recreational Facilities h. Recreational Facilities i. -4- For those checked "yes," please elaborate what type or kinds of .improvements and/or assistance are needed. 11. Have you performed any historic sites study and/or survey of the subject area? If so, what were the results? Please, also, submit a copy of the study together with this change of zone supplement. NO Signature: rn1t"~~~ t3- 6?3 OtowplLL Street, 5, rte. Address: Kni1u0.- Kona H1 Ctu:340 Telephone: (SO q'&1 - g1 i 9 Date: tt-t2-08 -5- 6338A/50A P. D. 5/84 BACKGROUND AND COUNTY ENVIRONMENTAL REPORT William and Dixie Minson, dba Aloha Plaza TMK (3) 7-3-051-065 CHANGE OF ZONE REQUEST/APPLICATION A. SUBJECT REQUEST William and Dixie Minson,_dba Aloha Plaza are requesting a Change of Zone from Limited Industrial, with a minimum lot size of one acre (ML-la) to Industrial-Commercial Mixed (MCX-1a) for the subject property consisting of Lot B-1 located at Kaloko Business Park, North Kona, Hawaii, Tax Map Key (3) 7-3-051-065 to allow the development of an industrial- commercial mixed use building with approximately 29,322 square feet of space to be occupied. We believe this zoning is the appropriate designation for the present uses that take place in the Kaloko Business Park. 1. Details of Proposed Use/Development: a. Project Description Aloha Plaza will be a 2 story concrete and steel structure built on an existing graded sub-divided lot (B-1) in the Kaloko Business Park. b. Reasons for the request of rezoning We are requesting a change of zoning from ML-1a to MCX-la in order to provide for areas of diversified business and employment opportunities by permitting a broad range of uses, without exposing non industrial uses to unsafe and unhealthy environments. Mixed use light industrial and commercial, zones may include, but are not limited to wholesale, retail, office uses and personal and business services. Mixed use zones are appropriate in areas of economic transition, such as light industrial areas like Kaloko Industrial Park that are in demand as sites for commercial uses. We feel that the location of the subject property is very favorable for businesses that would like the mixed-use option. c. Property size Aloha Plaza is situated on approximately 1.3698 acres or 59,669 square feet of land. d. Proposed Building 1 The proposed building will be 2 levels with approximately 29,322 square feet of space to be occupied. e. Time frame and cost Phase I was completed and accepted by COH in March, 2008. Phase II and Phase III are both permitted by COH. The project is estimated to be completed by late 2011 at a total cost of approximately $1,241,300. f. Membership size, employees, and clientele This will be based on tenancy. g. Parking arrangement Parking will be provided on the property and will be consistent with County Codes. Allocation to be determined by tenancy. h. Traffic Impact Traffic impact should be minimal. Road improvements are currently under construction on Hina Lani, Kamanu, and Olowalu Streets in order to improve the flow of traffic in and out of the Kaloko Industrial area i. Other related information The adjacent property makai (Hawaii Community Federal Credit Union) containing the consolidation of Lot B-2 and Lot B-3 into Lot M was re-zoned to MCX-la in February of 2003. j. Proposed on-site and off-site infrastructure The infrastructure including the construction of roads, drainage structures, water transmission facilities, overhead electrical, telephone lines, poles and accessory equipment of the Kaloko Business Park was complete when Lot B-2 was purchased in 2001. The owners of each lot are responsible for installation of Individual Wastewater Treatment Systems. In addition to drywells for water drainage, the project plans include the installation of two Aerobic Sewage Treatment Plants. Phase I is currently being served by a single cesspool which has been approved by EPA. The approval letter has been included for your information. 2 a` 'so Sri ' uric r-aotE~~o 5 HaTil'..esrjn -ro JZSW~'d San *NO5-09C~S! May 12, 2008 William and Dixie Minson 73-4840 Kanalani St Kailua Kona„ HI 96740 RE. Self-Certification for Cesspool at Aloha Plaza, 73-5613 Olowalu St, Kailua-Kona (Hawaii), TMK 3-7-3-051-065 Dear Mr. and Mrs. Minson: % EPA has received your self-certification letter of May 5, 2008 regarding the cesspool at the above referenced property and TMK. The EPA's large capacity cesspool ban and closure requirements regulate any cesspool that serves multiple dwellings on residential property or that has the capacity to serve 20 or more persons per day on non-residential property. Based on the information provided, the cesspool at this non-residential facility does not serve 20 or more persons in a single 24-hour period and therefore is not subject to EPA's Underground Injection Control regulations. We have updated our records to indicate that this cesspool is not a large capacity cesspool. Thank you for providing this information. If there are any changes to the operations or status of the cesspool at this facility, you are required to notify EPA. If there are any questions, please feel free to contact me at (415) 972- 3538 or tuden.rebeccaQeya.gov. Sincerely, Rebecca Tuden Large Capacity Cesspool Coordinator Cc: Tomas See, DOH Chauncey Hew, DOH 1H07110602RO Printed an Recycled Paper B. CONFORMANCE WITH STATE/COUNTY PLANS 2. State Land Use designation: The subject property is designated Urban by the State Land Use Commission. 3. How the proposed use is not contrary to Chapter 205A, Coastal Zone Management: The subject property does not apply to Coastal Zone Management policies. 4. Applicable goals/policies and objectives of the General Plan: The requested zoning would be consistent with the goals, policies, and standards of the General Plan which states Industrial-Commercial Mixed- Use district may be provided in appropriate locations. 5. General Plan designation (LUPAG Map): The General Plan calls for Industrial uses in the area. MCX zoning is permitted within Industrial zoning and the property directly makai has already been rezoned to MCX and the next phase of the Industrial Park directly mauka of Kaloko Business Park is also zoned MCX. 6. Zoning: Kaloko Business Park is zoned Limited Industrial, with a minimum lot size of one acre (ML-1a). 7. Community Development Plan: Rezoning to MCX is consistent with Working Group: Land Use and Planning of the Kona Community Development Plan which suggest adjusting the zoning codes in order to accommodate a growing population within the Urban Expansion Area. They state as a goal to review and update the zoning code to permit and encourage a variety of mixed use development patterns. 8. Special Management Area: The Kaloko Business Park is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA Physical Characteristics/Environmental Setting: 3 9. Description of subject property: Aloha Plaza is located in Kaloko Business Park, North Kona, Hawaii, Tax Map Key (3) 7-3-051-065 at 73-5613 Olowalu Street, Kailua-Kona, HI 96740. Phase I building is completed. The building is rectangular and is 2 levels, with each floor 79'10" x 50'. The total completed area is 7983.334 square feet. Part of the footers and retaining wall for Phase II and Phase RI have also been completed. The climate in the area is warm and humid. Temperatures range from the 70's in the winter to the 90's in the summer. The land is reasonably level. The soil is classified as being Aa lava flows (rLV). This type of soil is usually located at an elevation ranging near sea level to 13,000 feet and receives from 10" to 250" of rainfall annually. 10. Lava Hazard Zone: The property's Lava Hazard Zone is Zone 4. 11. Distance from coastline: Kaloko Business Park is approximately 4000 feet inland or mauka from the shoreline, and at its lowest elevation is 170 feet above mean sea level. Based on this elevation and distance from the shoreline, the Subdivision is not subject to the threat of tsunami inundation. 12. Agricultural Lands of Importance in the State of Hawaii (ALISH) designation: None of the land within this Subdivision has been identified as "Important Agricultural Land" under the ALISH system. 13. U.S.D.A. Natural Resources Conservation Service Report soil type: The soils within the Subdivision are classified by the U.S. Department of Agriculture Soil Conservation Service, in its Soil Survey of the Island of Hawaii, as being Aa lava flows (rLV). This lava has practically no soil covering and is bare of vegetation except for mosses, lichens, ferns and a few small ohia trees. 14. Land Study Bureau soil rating: The soil rating in the Kaloko Business Park has been classified as "E" or very poorly suited for agricultural productivity. 4 15. Flood Insurance Rate Map (FIRM) designation: The Flood Insurance Rate Map, prepared by the U.S. Army Corps of Engineers designates the Subdivision as being located within Zone X or an area that is outside of the 500-year flood plain. 16. Existing drainage ways or improvements: There are no known drainage problems within the Subdivision. Drainage structures have been constructed within the Kaloko Business Park in order to dispose of any surface water runoff. 17. Air/noise/water/quality: Air quality in the Kona area is adversely impacted by the frequent volcanic eruptions at Kilauea. Visibility has decreased and concentrations of sulfur dioxide has increased due to volcanic eruptions. Ambient noise in the vicinity of the Subdivision is predominantly attributed to vehicular traffic along nearby streets. Presently there is also construction noise from road improvements to Hina Lani, Kamanu, and Olowalu, as well as noise from the mauka industrial expansion (Phase III) above Kaloko Business Park. Concerning water quality in the area, tap water has met all U.S. Environmental Protection Agency (EPA) and State drinking water health standards. Historic Resources: 18. Existing archaeological, cultural or historic sites on National Register or Hawaii Register: This property is not deemed to be significant to warrant inclusion on the State or National Register of Historic Sites. As the site has been previously disturbed (during rough grading and sub-dividing the lots), it is very unlikely that surface and subsurface remains would be found on the site. Natural Resources: 19. Existing floral / faunal resources: Since the property had been previously excavated and leveled, the only vegetation on the site are introduced landscape plants. The probability of discovering rare or endangered plant life on the site appears to be remote. Further, as the site has been disturbed, it is very unlikely that the site would currently serve as a habitat for rare or endangered animal species. 5 20. Scenic or coastal resources: There are no significant impacts affecting scenic or coastal resources. Valued Cultural Resources: 21. Identify any traditional and customary native Hawaiian rights that are exercised in the area; the extent in which the proposed development will affect these rights; and feasible action to be taken to protect native Hawaiian rights if they exist. N/A Public Access: 22. Existing public access to and along the shoreline or to mountain areas and knowledge of public access being used: This property does not interfere with shoreline or mountain access. Social-Economic Characteristics: 23. Social settlement pattern for the area: The Kaloko Industrial Park is primarily zoned Limited Industrial. The apparent trend in the Park has been towards an industrial-commercial mix. 24. Economic resources of the area: Mixed use zones are appropriate in areas of economic transition, such as light industrial areas like Kaloko Industrial Park that are in demand as sites for commercial uses. 25. Land values: COH assessed the land value of the subject property at $1,193,400 for 2008. Surrounding lands: 26. Land use: The surrounding areas are classified Urban and Conservation. 27. Zoning: 6 On the west side of the subject property is HCFCU which is zoned MCX-l a. On the east side across Kamanu Street is an undeveloped lot currently zoned MCX. On the south side is Home Depot zoned ML-la. On the north side across Hina Lani is undeveloped Conservation Land. D. PUBLIC FACILITIES AND SERVICES: 28. Description of access: Access to the Subdivision is currently provided by 24-foot wide paved roadways within 60-foot wide right of way, owned and maintained by the County of Hawaii. Road improvements are currently underway for Hina Land, Kamanu, and Olowalu Streets bordering the subject property. 29. Availability of water: Water is supplied by the County Department of Water Supply. 30. Sewage disposal: The property currently has an EPA approved cesspool. There will be two separate 1500 gallon Aerobic Treatment Plants installed that were approved by the Department of Health on July 10, 2007 by Harold Yee. One Aerobic Treatment Plant is in ground awaiting final hook-ups. The absorption beds for both systems have been installed and approved by Stephen Herbert, P.E. The second Aerobic Treatment Plant will be installed as part of Phase 11 construction. 31. Solid waste: A private rubbish contractor, such as PFI or Superior Sanitation will be contracted for solid waste pick-up. 32. Police & fire protection: Police and fire protection are supplied by the County of Hawaii. The Kailua- Kona police station is located approximately 2 miles south of the Subdivision, and the Kailua-Kona fire station is located approximately 3 miles south of the Subdivision. Fire hydrants are installed in the Subdivision pursuant to the requirements of the County of Hawaii. 33. Schools: There are no schools located in the Subdivision. Kealakehe High School, 7 Kealakehe Intermediate School and Kealakehe Elementary School are located within 3 miles of Kaloko Business Park. 34. Parks: There are no parks located in the Subdivision. The Old Airport is the closest park to the Kaloko Business Park. 35. Other utilities and services (telephone/electricity): Overhead electrical, cable, and telephone lines have been installed in the Kaloko Business Park. The electrical power is provided by Hawaii Electric Light Company, the cable by Oceanic Time Warner Cable Company, and the telephone lines by GTE Hawaiian Telephone Company. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 36. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: Property will be improved as permitted by County of Hawaii. 37. Mitigative measures proposed to avoid, minimize, rectify, or reduce impact: MCX zoning would require us to maintain a higher quality appearance for the subject property. 38. Alternatives to the proposed development: Alternatives would be that the property would remain zoned ML-la. 39. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action implemented: None 8 l~ UPOLU HAFI ' /'tj~+rn POINT ~>s. KAPAAU ~~l.ll"1 M~AAKAPALA KOHAI1 ~X KU~UTAELE xfiHkl Ar '~~~CAWAIHAS a ~ - - I{AFAIHAE . r Y ' KUKUI VILLAGE " NIU VILLAGE BAY, PUAKO R K Af ` & IfUKU POINT r q I 6 W4 y FSL6HAt KIHOLO BAY POINT ~ibxxz'- c s t~ ice.. 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HINA LANI STREET 3 w V A awda olnd _ . awda olnd 0 a T W Q -C y - CD z C, m 0 a 'm l m ^ m r I o M ° D m o ° y u Z n Z -COI j Sr e - - 3m a or2 n u3 n. m W m' N3 o O G < F(D m' c a o G] m I I/ n ' co V - o N m' _ N .w a) 0 m, :0 1 D R(T 0. (1 J- x m o i~ d cnj m m D m N X b m ~Ch d N °c 'v J o a o ? 'O x fn B v ~ m m 133a1S mvMOlO 133His n IVMOlO r n CD N m O 9 0 0 5 m _ > S ALOHA PLAZA m m ; ':ZONE CHANGE REQUEST From ML-1a to MCX- 1a _ s.le im Oct 31 08 04:48p KONA SURVEYORS 25U25 JGJ-CC4U P. Don McIntosh .i KONA SURVEYORS, INC. Licensed Professional Land Sun( t P_ O. Box 58, Kailua-Kona • Hawaii 96745-0058 Res. (808) 329-8830 Fax (808) 329-8840 Email:dclintinc@yahoo.com MEMORANDUM TO: V// 4 t. / '78 7- DATE: TAKi p AJ ri12 RE: F~V I I/Slfa0AI ~ ~i2JPTian/ ~yf}s OR. mF 6 / Aw T~t~ SU t3 D/1/~ S io ~PPo Yff -'f 19 1 AJ ~it~ 'S To 7"ffF //PW ~oTS Donald C. IVICIntosh, L. P. L. S. #4968 Consultant-Planner, Developments Enclosure(s): E V /S Et> ~scie /P7~o.~ W/7/~ /elZ - G x'€19 TM Vt.t JI VV"JY.Wp nUIVH 0UKVCTUKLA 808-329-8840 p.2 LOT B-1 LAND SITUATED BETWEEN RNA LANI STREET AND OLOWALU STREET ON THE EAST SIDE OF EXISTING KALOKO LIGHT INDUSTRIAL SUBDIVISION AT KALOKO, NORTH KONA, HAWAII, HAWAII BEING LOT B-1 OF THE KALOKO BUSINESS PARK A PORTION OF LOT B, A PORTION OF ROYAL PATENT 8214 LAND COMMISSION AWARD 7715, APANA 1 I TO LOTA KANUMANIEHA. Beginning at the Northwest comer of this parcel of land, being the Northeast comer of Lot B-2 on the South side of Ilina Lani Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 16,816.57 feet South and 22,135.74 feet West and running by azimuth measured clockwise from True South: Thence, along the Southerly side of Hina Lani Street, along a curve to the right having a radius of 2,460.00 feet, the chord azimuth and distancebeing; 1. 260° 08' 18" 140.64 feet to a point; Thence, along the West side of Kamanu Street, along a curve to the right having a radius of 30.00 feet, the chord azimuth and distance being; 2. 3050 19' 29" 41.34 feet to a point; 3. 348° 52' 24" 293.26 feet along Kaman Street to a point; Thence, along Olowalu Street along a curve to the right having a radius of 30.00 feet, the chord azimuth and distance being, 4. 33° 52' 24" 4243 feet to a point; 5_ 78° 52' 24" 139.18 feet along the Northerly side of Olowalu street to a point; 6. 168° 53' 19" 356.33 feet along Lot B-2 to the point of beginning and containing an area of -loft- DON McINTOSH CONSULTING TMK: (3) 7-3-51:Por. 61 P. O. Box 58 NEW TMK: (3) 7-3-57:65 Kailua-Kona, Hawaii 96745-0058 JOB NO: 2370-98 r vu of wo U-m+ap NINA SUKVLYVKS 808-329$840, p.3 59,669 square feet. DON MCINTOSH CONSULTING d A Donald C. McIntosh, L. P. L. S. #4968 Consultant-Planner, Developments Kailua-Kona, Hawaii ~O C• MC December 26,1998 14 To LICENSED lp REVISED 10-31-2008 o ppoFE581oNAL New TMK: (3) 7-3-51-65 * LAND SURVEYOR a~3f• No. 4968 d C- McIntosh, L. P. L. S. #4968 p tact Planner, Developments yq l'l'A E1,115 -2of2- AON McINTOSH CONSULTING ThM (3) 7-3-51:Por. 61 P. O. Boat 58 NEW TMIC (3) 7.3-57--65 Kaitua-Kona, Hawaii 96745-0058 JOB NO: 2370-98 NAMES ADDRESSES & TMK OF SURROUNDING PROPERTIES 1. Hawaii Community Federal Credit Union 73-5611 Olowalu Street Kailua-Kona, HI 96740 TMK: (3) 7-3-051-067 2. Home Depot 73-5598 Olowalu Street Kailua-Kona, HI 96740 TMK: (3) 7-3-051-071 Owner Address: Home Depot USA Inc. Property Tax Dept. RE# 1704 PO Box 105842 Atlanta, GA 30348 3. Hale Ku'i Partners, LLC 73-4976 Kamanu Street Kailua-Kona, HI 96740 TMK: (3) 7-3-051-092 LAURA M THIELM LINDA LINGLE `c:Q2 6 mWRPMON GOV MOROFHAWAII Pt'u 1959 9~', BOAllI)OI'LAh9 <OW. ANUNANW.L NI:SOURC[S A ! 9SSION ON WATER RRCOMCE NANTGEMEW y; 1-T 7f YY RUS ULY.T UJI fk~ 1 F10.1'llLPIRY KENC- r K ANA OFPVIY OIAF.C70RTOH gnTER ~':Ttr~ Y„ ` nMailc RGSOUrzGEs !lv.'~~Jj~/ `-WAl1~`OANOIX'FANgEC.YFA TION / CO V WAOFCO OMCSCES _ hP9S51GNONWATER RESOVRCEMANAGEh1EM W - MVAIJVATIOMOMAS«~R,,H« TIMORC t STATE OF HAWAII ON R,`AT,WaNDRG,GGH NT ING06FRING SWr, - DEPARTMENT OF LAND AND NATURAL RESOURCES M owc PRRVVA o of NJ~"`~ Hn 1 xJw.n wE IsLnNO Rcsrxw mNnnssloN STATE HISTORIC PRESEERVATION DIVISION STAIE PARY.S 601 KAMOKILA BOULEVARD, ROOM 555 KAPOLEI, HAWAII 96707 November 3, 2008 Mr. William Minson LOG NO: 2008.4050 73-5613 Olowalu Street DOCNO: 0811TD01 Kailua-Kona, Hawaii 96720 Archaeology Dear Mr. Minson: SUBJECT: Chapter 6E-42 Historic Preservation Review- Change in Zoning Application for a Parcel in the Kaloko Business Park Kaloko Ahupua'a, North Kona District, Island of Hawaii TMK: (3) 7-3-51: 65 Thank you for the opportunity to comment on this change in zoning application, which was requested via telephone on October 30, 2008. The project is located within the Kaloko Business Park and encompasses approximately 1.3 acres. Associated construction will include additions to an existing two-story business structure. Our office has previously reviewed two grading permits for this property (2001, 2002) and at that time, determined that no historic sites are present. We determine that no historic properties will be affected by this project because: Intensive cultivation has altered the land ® Development/urbanization has altered the land ® Previous grubbing/grading has altered the land ? An accepted archaeological inventory survey (AIS) found no historic properties in this project area SHPD previously reviewed this project area and no mitigation was needed at that time Other: In the event that historic resources, including human skeletal remains, lava tubes, and lava blisters/bubbles are identified during the construction activities, all work should cease in the immediate vicinity of the find, the find should be protected from additional disturbance, and the State Historic Preservation Division, Hawaii Island Section, should be contacted immediately at (808) 933-7653. Please contact Theresa K. Donham at (808) 933-7653 if you have any questions or concerns regarding this letter. Aloha, Nancy McMahon, Deputy SHPO/State Archaeologist and Historic Preservation Manager I I HAWAII BELT R ~ w E SIGNAL SYSTEM M TO BE VI INSTALLED y~~ I Wilson Okamoto C 0 R P 0 R A T 10 N .ry.y~~ g V/ ENGINEERS 0.5Vl PLANNERS NN n,, c KALOKO INDUSTRIAL C7 X PARK SUBDMSION PHASE III AND IV I W WAY I OV~~ l NOT TO SCALE 5 a IW F - S 5 SKAMAN ST l- I 1V o I NOT TO SCALE INSET A (EXISTING) NOT T, I Q pEN$Igl DALE 910Yµ _ bOA ~~~REZ F~va ~ \ 5< cewsxEB ev: eup[pNBEn aN a O O \1 I n I oe.- T: G1ECRd B1: LEI KALOKO \ \ w - INDUSTRIAL PARK \ 1 _ SUBDIVISION ly ~ PHASE III AND IV 3 ' g TMK: 7-3-51 : 60 TRAFFIC CIRCULATION AND ROADWAY IMPROVEMENT N ~i - PLAN .DNF: $tIBBt no. ?HIC SCALE IN FEET AS NOTED 6351-10 NOT TO SCALE INSET B (EXISTING) NOT TO SCALD JDAM ANUARY 2004 2 01 2 sots. 1'=200' DEPARTMENT OF PUBLIC WORKS. COUNTY OF HAWAII HILO, HAWAII DATE: December 24, 2008 Memorandum N TO Daryn Arai, Acting Planning Director-. Planning Department FROM Galen M. Kuba, Division Chie ,?-Engineering Division LL SUBJECT Change of Zone Application (REZ 08-000089) Applicant: William and Dixie Minson Location: Kaloko, N. Kona, HI TMK: 317-3-051:065 o ry We reviewed the subject application and our comments are as follows: ¢ a BUILDING o x H U it Buildings shall conform to all requirements of code and statutes pertaining to building construction. A building permit may be required for the change of use. Different code sections and standards on building construction may apply. DRA/NAGE All development generated runoff shall be disposed of on-slte and shall not be directed toward any adjacent properties. 2. The applicants shall be informed that if they include drywells in the subject development, an Underground Injection Control (UIC) permit may be required from the Department of Health, State of Hawaii. RO-A- D WAYS 1- Olowalu Street, fronting the subject property, is a County street with two through lanes and a 60-ft. Wide right-of-way. The mauka driveway approach to Olowalu Street does not conform to the current Hawaii County Code Chapter 22 as it is less than 75 feet from the intersection of Olowalu Street and Kamanu Street rights-of-way tangents. We recommend the following as a condition of apK occupancy under the proposed zoning: Left turns to and from Of w Planning Dept. ® ,ado ~ Exhibit 3 Memorandum to PD December 23, 2008 Page 2 of 2 shall be prohibited within 75 feet of the intersection of Olowalu Street and Kamanu Street right-of-way tangents. To prevent left turns, the applicants shall either close off the approach or install a median barrier within Olowalu Street, meeting with the approval of DPW, at no cost to the County. A sight distance easement shall be provided and recorded and any sight distance obstructions shall be removed, within the subject property, to establish and maintain adequate stopping sight distance for right-turn movements meeting with the approval of DPW. 2. Kamanu Street fronting the subject property, is a County street with two through lanes and a 60-ft. wide right-of-way. Reference is made to the Keahole to Kailua Development Plan (K to K Plan) as adopted by Council Resolution 296-91, and the County General Plan as adopted by Council Ordinance 05-25. The K to K Plan called for the north-south collector Main Street, to be an 80-foot wide right- of-way to accommodate four through lanes. We understand that Kamanu Street is to function as the K to K Plan Main Street. Kamanu Street is also shown as a major collector street in the Kona Community Development Plan. We recommend the following condition: The applicants shall provide a 10-foot wide future road widening setback along the entire Kamanu Street frontage and dedicate it to the County upon request at no cost to the County for future widening of Kamanu Street. Access to Kamanu Street shall be limited to right-in and right-out movements only. In addition, the recent Kaloko Light Industrial Subdivision Phase 3 improvements to Kamanu Street, has relocated the edge of traveled way closer to the applicant's property line. Therefore we recommend the following additional condition* To allow for adequate distance to the /eft from their Kamanu Street approach, the applicants shall provide, record and maintain a 5-foot wide sight distance easement along the Kamanu Street frontage to Hina Lani Street from the Kamanu Street approach, allowing no obstructions within the easement, between the heights of 3 and 8 feet above finished grade. 3. Direct access to Hina Lani Street shall not be permitted. TRAFFIC The applicants should be fairly assessed for regional traffic improvements. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 327-3530. KE copy: ENG-HILO/KONA PLNG-KONA of WATER • p Cy 9 49 o a DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII[ G4,lyOF HAW ptl.`P~ 345 KEKUANAO`A STREET, SUITE 20 HI LO HAWAN 9020 TELEPHONE (808) 961-8050 • FAX(808)961-8657 I December 19, 2008 TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 08-000089) APPLICANT - WILLIAM AND DIXIE MINSON REQUEST: ML-IA TO MCX-IA TAX MAP KEY 7-3-051:065 We have reviewed the subject application and have the following comments and conditions. Water is available from an existing 12-inch waterline within Kamanu Street and an existing 8-inch waterline within Oluwalu Street, both fronting the subject parcel. There is an existing 1-inch meter servicing the subject parcel, which is limited to two (2) units of water, with a maximum of 600 gallons per day (GPD) per unit, or a total of 1,200 GPD. Should the applicant require additional water beyond two (2) units of water, or a maximum daily usage of 1,200 GPD, the applicant will be required to submit estimated maximum daily water usage calculations, prepared by a professional engineer licensed in the State of Hawaii, for review and approval. Please also note that the existing meter has a reduced pressure type backflow prevention assembly installed within five (5) feet of the meter on private property, as required for the existing and proposed type of land use. Should there be any questions, you may contact Mr. Finn McCall of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours, Milton D. Pavao, P.E. Manager FM:dfg copy- Mr. William and Mrs. Dixie Minson Planning Dept. Exhibit `l Water drinVj progw,fi... =By: The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint of discrimination, write: USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington DC 20250-9410. Or call (202) 720-5964 (voice and Too) ~v Of V ' b6i4t; William Kenoi S. Bobby Jean ,Leithead Todd Acting Director Mayor tt - r... 1. ,1 3: it 7 / ~r • O! 04* GI11TUN laf CAUfuni'T DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street Hilo, Hawaii 96720 (808) 961-8083 Fax (808) 961-8086 - http'//co.hawaii.bi.us/directory/dir envmn¢ htm MEMORANDUM ;,lw 4 i Date : Decembers , 2008 To DARYN ARAI, Acting Planning Director From: BOBBY JEAN LEITHEAD TODD, Acting Director Subject: Change of Zone Application (REZ 08-000089) Applicant: William and Dixie Minson Request: ML-la to MCX-la TMK: 7-3-51:65 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WASTEWATER COMMENTS: ( ) No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code. Complete D.E.M. Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( ) Other: ,TECHNICAL SERVICES COMMENTS: l iiv" ?i oL~c . t s z e t 7rrt c t t ~j- `-i SOLID WASTE COMMENTS: Nu,Qt.1 14 Jo< ID tn?~,>*~. ( ) No comments c^- Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. ( k,) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( S~) Ample and equal room should be provided for rubbish and recycling. ( )G) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. (x } Construction and demolition waste is prohibited at all County Transfer Stations. O Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update-'to the department on current status; ( ) Other: cc: SWD, WWD Planning Dept. 11320 ~ 0 4 8 Exhibit County of Hawaii is an Equal Opportunity Provider and Employer. JN~Y OF M o.• Bobby Jean Leithead-Todd Director Harry Kim• Mayor Nelson Ho DepuNDirector 1rE OF'Nr~ C aunfv of Pafuall DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street F Hilo, Hawaii 967204252 (808) 961-8083 F Fax (808) 961-8086 September 14, 2007 SOLID WASTE MANAGEMENT PLAN Guidelines INTENT AND PURPOSE This is to establish guidelines for reviewing solid waste management plans, for which special conditions are placed on developments. The solid waste management plan will be used to: (1) encourage recycling and recycling programs, (2) predict the waste generated by the proposed development to anticipate the loading on County transfer stations, landfills and recycling facilities, and (3) predict the additional traffic being generated because of waste and recycling transfers. REPORT The consultant's report will contain the following: 1. Description of the project and the potential waste it may be generating: i.e. analysis of anticipated waste volume and composition. This includes waste generated during the construction and operational phases. Greenwastes will be included in this report for both construction grubbing and future operational landscape maintenance. 2. Description and location of the possible sites for waste disposal or recycling. We will not allow the use of the County transfer stations for any commercial development; commercial development as defined under the policies of the Department of Environmental Management Solid Waste Division. 3. Since the Department of Environmental Management promotes recycling, indicate onsite source separation facilities by waste stream; i.e. source separation bins of glass, metal, plastic, cardboard, aluminum, etc. Provide ample and equal space for rubbish and recycling. 4. Identification of the proposed disposal site and transportation methods for the various components of the waste disposal and recycling system, including the number of truck traffic and the route that truck will be using to transport the waste and recycled materials. Solid Waste Management Plan Guidelines Page 2 of 2 5. The report will include any impacts to County waste and recycling facilities, and the appropriate mitigation measures. All recommendations and mitigation measures will be addressed. 6. Description of the waste reduction component that analyzes techniques to be employed to achieve a reduction goal. 7. Analysis will be based on the highest potential use or zoning of the development. REQUIREMENTS AND CONDITIONS 1. A solid waste management plan will be done for all commercial developments, as defined under the policies of the Department of Environmental Management, Solid Waste Division. 2. We will require the developer to provide or resolve all recommendations and mitigation measures as outlined in the report; besides any conditions placed on the applicant by the Department of Environmental Management. 3. A licensed environmental or civil engineer will draft and certify the solid waste management plan. If you have need additional information, please contact Michael Dworsky, P.E., Solid Waste Division Chief at 808-961-8515. CONCUR: ~~pp ~ Bobby Jean Leithead-Todd DIRECTOR 10/13/03 Revised 09/14/07 Hawaii County is an Equal Opportunity Provider and Employer. J~<r os x1 o~.•' Lawrence K. Malmna William P. Kenoi Mayor Police. Chief ;e Harry S. Kubojiri Deputy Police Chief County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street . Hilo, Hawaii 96720-3998 (808)935-3311 • Fax(808)961-2389 December 5, 2008 TO CHRIST PHER J. YU N, PLANNING DIRECTOR FROM HENlYl TAVARES ASSISTANT CHIEF, ARE ] OPERATIO r, SUBJECT: Change of Zone Application (REZ 08-000089) Applicant: William and Dixie Minson Request: ML-1 a to MCX-1 a Tax Map Key: 7-3-51:65 Staff has reviewed the above-referenced application and recommends against permitting a driveway on Kamanu Street due to its proximity to the Hina-Lani Street intersection. Ingress and egress to the property should be accomplished via its existing driveway on Olowalu Street. Should you have any questions, please contact Captain Chad Basque, Commander of Kona Patrol, at 326-4646, extension 249. Planning Dept. Exhibit =W d 48409 "Hawai'i County is an Equal Opportunity Provider and Employer" ' svo ~ William P. Kenoi ' - Darryl J. Oliveira Mayor - - Fve Chief Glen P I. Honda h OI NI Deputy Fve Chief } 1 Countp of 7awaF`i _ HAWAII FIRE DEPARTMENT 25 Aupuni Street • Suite 103 • Hilo, Hawaii 96720 (808) 981-8394 • Fax(808)981-2037 ?December 12, 2008 TO: CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 08-000089) APPLICANT: WILLIAM AND DIXIE MINSON REQUEST: ML-latoMCX-la TAX MAP KEY: 7-3-51:65 In regards to the above-mentioned Change of Zone application, the following shall be in accordance: Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). Planning Dept. Exhibit - ~pWAri SCANNED[ JAN ooo 20p Hamai'i County is an Equal Opportunity Pru ider and Empla r.~,p c O 13 } f Christopher J. Yuen December 12, 2008 Page 2 "3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire-fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high-piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire 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. "(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%) Christopher J. Yuen December 12, 2008 Page 3 "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with UFC Section 10.301(c): "(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings 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. A OLIVEfltA Fire Chief GN:lpc LAIIItA N TNIELEN LEVDA LDVGLE C Ov " CMI1 EPSON fAVER1.gROFHNWrW4f5 41L BG4N OFLANDAN[I N4i1M4L RESOVRCES \959 ^a,q S COAfa115510N ONt4'APER RESOVRfE AtiNAGEp1ENT I 4 EUSSELLY.TSUA RSi DF?VTl 04~~ aEly,Yar 3 It. i KENC.KAXV4 4 $C W~c - ~ S~ f.. 1t DEPVi\DIRECPOR-1V.4TER k ru ABU4nc RESDImcEs g y,/ ROiTMG VJ000EAN PECRE4TION BVREAV OE OATM ANCEs CONT.I.SE N RM RESQU 50V ST, CONSERVATIO MRCS STATE M 40EAlENT . s OF HAWAII fUN5ERt4T10N.4NOMSGURCM Rf5UVRCES ENfO0.CEA1ENi ( C ENOINEEPMG DEPARTMENT OF LAND AND NATURAL RESOURCES NISTOxICP'MUE VON ~St@~N~aW K4MOOLAt 15LA RESERVE COMEIISSION STATE HISTORIC PRESERVATION DIVISION ITATP 601 KAMOKILA BOULEVARD, ROOM 555 KAPOLEI, HAWAII 96707 December 22, 2008 Christopher Yuen, Planning Director LOG NO: 2008.5059 County of Hawaii Planning Department DOC NO: 0812TD 16 101 Pauahi Street, Suite 3 Archaeology Hilo, Hawaii 96720-4224 Dear Mr. Yuen: SUBJECT: Chapter 6E-42 Historic Preservation Review - (REZ 08-000089) Change of Zone Application for a 1.3-Acre Parcel in the Kaloko Business Park Kaloko Ahupua'a, North Kona District, Island of Hawaii TMK: (3) 7-3-51: 65 Thank you for requesting comments on the proposed change of zoning application. Proposed improvements include additions to an existing two-story business building. We have recently reviewed this proposed action and our comments are included in the information packet for the application (Log No. 2008.4050, Doc No. 0811TD01). We have also reviewed two prior grading permits for this property in 2001 and 2002. Our prior reviews have indicated that no historic properties are present. We determine that no historic properties will be affected by this project because: ? Intensive cultivation has altered the land ® Development/urbanization has altered the land ? Previous grubbing/grading has altered the land ® An accepted archaeological inventory survey (AIS) found no historic properties in this project area ? SHPD previously reviewed this project area and no mitigation was needed at that time 'In the event that historic resources, including human skeletal remains, lava tubes, and lava blistersibubbles are identified during the construction activities, all work should cease in the immediate vicinity of the find, the find should be protected from additional disturbance, and the State Historic Preservation Division, Hawaii Island Section, should be contacted immediately at (808) 933-7653. Please contact Theresa K. Donham at (808) 933-7653 if you have any questions or concerns regarding this letter. Aloha, Nancy McMahon, Deputy SHPO/State Archaeologist and Historic Preservation Manager State Historic Preservation Division Planning annirlg Dept. S~'f~e1NN INED Exhibit A%Mll LINDA LINGLE 4E a F ~;q CHIYOME L. FUKINO, M.D. GOVERNOR ,Ap,r~g ss e' ~i Director of Health N i STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: December 18, 2008 TO: Planning Director, County of Hawaii FROM: Newton Inouye Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 08-000089) Applicant: William and Dixie Minson .Request: ML-latoMCX-la Tax Map Key: 7-3-51:65 The Department of Health's Safe Drinking Water Branch authority on drinking water quality is .based on the definition of a "public water system." A "public water system" means a system which provides water for human consumption through pipe or other constructed conveyance if ! such system has fifteen (15) service connections or regularly serves an average of at least twenty-five (25) individuals daily at least sixty (60) days out of the year. All public water systems are regulated by the Department of Health and shall be in compliance with the Hawaii Administrative Rules, Title 11, Chapter 20. Recommend the subdivision lots be connected to an existing public water system. Concerns on water quality for lead, copper, algae and microbiological and chemical contaminations in private water systems have identified the need for self monitoring. The Department of Health does not support the use of these private rain catchment systems for drinking purposes since the quality may not meet potable water standards. The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on December 2, 2008. The CWB has reviewed the limited information contained in the subject document and offers the following comments: Planning Dept, Exhibit _~1 0485371 Christopher J. Yuen Page 2 of 4 December 18, 2008 1. The Army Corps of Engineers should be contacted at (808) 438-9258 for this project. Pursuant to Federal Water Pollution Control Act (commonly known as the "Clean Water Act" (CWA)), Paragraph 401(a)(1), a Section 401 Water Quality Certification (WQC) is required for "[a]ny applicant for Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters...". The term "discharge" is defined in CWA, Subsections 502(16), 502(12), and 502(6); Title 40, Code of Federal Regulations, Section 122.2, and Hawaii Administrative Rules (HAR), Chapter 11-54. 2. In accordance with HAR, Sections 11-55-04 and 11-55-34.05, the Director of Health may require the submittal of an individual permit application or a Notice of Intent (NOI) for general permit coverage authorized under the National Pollutant Discharge Elimination System (NPDES). a. An application for an NPDES individual permit is to be submitted at least 180 days before the commencement of the respective activities. The NPDES application forms may also be picked up at our office or downloaded from our website at: http://www hawaii Qov/health/environmental/water/cleanwater/forms/indi v-index.html. b. An NOI to be covered by an NPDES general permit is to be submitted at least 30 days before the commencement of the respective activity. A separate NOI is needed for coverage under each NPDES general permit. The NOI forms may be picked up at our office or downloaded from our website at: http•//www.hawaii gov/health/environmental/water/cleanwater/forms/ enl -index.html. i. Storm water associated with industrial activities, as defined in Title 40, Code of Federal Regulations, Sections 122.26(b)(14)(i) through 122.26(b)(14)(ix) and 122.26(b)(14)(xi). [HAR, Chapter 11-55, Appendix B] ii. Construction activities, including clearing, grading, and excavation, that result in the disturbance of equal to or greater than one (1) acre of total land area. The total land area includes a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under a larger common plan of development or sale. An NPDES permit is required before the commencement of the construction activities. [HAR, Chapter 11-55, Appendix C] Christopher J. Yuen Page 3 of 4 December 18, 2008 iii. Discharges of treated effluent from leaking underground storage tank remedial activities. [HAR, Chapter 11-55, Appendix D] iv. Discharges of once through cooling water less than one (1) million gallons per day. [HAR, Chapter 11-55, Appendix E] V. Discharges of hydrotesting water. [HAR, Chapter 11-55, Appendix F] vi. Discharges of construction dewatering effluent. [HAR, Chapter 11-55, Appendix G] vii. Discharges of treated effluent from petroleum bulk stations and terminals. [HAR, Chapter 11-55, Appendix H] viii: Discharges of treated effluent from well drilling activities. [HAR, Chapter 11-55, Appendix I] ix. Discharges of treated effluent from recycled water distribution systems. [HAR, Chapter 11-55, Appendix J] X. Discharges of storm water from a small municipal separate stone sewer system. [HAR, Chapter 11-55, Appendix K] xi. Discharges of circulation water from decorative ponds or tanks. [HAR, Chapter 11-55, Appendix L] 2. In accordance with HAR, Section 11-55-38, the applicant for an NPDES permit is required to either submit a copy of the new NOI or NPDES permit application to the State Department of Land and Natural Resources, State Historic Preservation Division (SHPD), or demonstrate to the satisfaction of the DOH that the project, activity, or site covered by the NOI or application has been or is being reviewed by SHPD. If applicable, please submit a copy of the request for review by SHPD or SHPD's determination letter for the project. 3. Any discharges related to project construction or operation activities, with or without a Section 401 WQC or NPDES permit coverage, shall comply with the applicable State Water Quality Standards as specified in HAR, Chapter 11-54. Hawaii Revised Statutes, Subsection 342D-50(a) requires that "[n]o person, including any public body, shall discharge any water pollutants into state waters, or cause or allow any water pollutant to enter state waters except in compliance with this chapter, rules adopted pursuant to this chapter, or a permit or variance issued by the director." Christopher J. Yuen Page 4 of 4 December 18, 2008 If you have any questions, please contact Mr. Alec Wong, Supervisor of the Engineering Section, CWB, at (808) 586-4309. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." 1. 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. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. 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. We recommend that you review all of the Standard Comments on our website: http://hawaii.gov/health/environmental/env-planninWIanduse/landuse html. Any comments specifically applicable to this project should be adhered to. WORD: REZ 08-000089.at RMiwonREZ.mj c-2/4/09 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION WILLIAM AND DIXIE MINSON CHANGE OF ZONE APPLICATION (REZ 08-89) Upon careful review of the request, the Planning Director is recommending that a favorable recommendation for a change of zone be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based on additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a change of zone from Limited Industrial - 1 acre (ML-1 a) to Industrial-Commercial Mixed - 1 acre (MCX-1a) for approximately 1.37 acres (59,669 square feet) to allow a variety of industrial and commercial uses within a two-story, approximately 37,000 square-foot building. The building "shell" will be constructed by the applicant in three phases, and interior improvements to the building will be made by each tenant. Construction of Phase I has been completed and consists of approximately 7,983 square feet of space that is currently being leased for industrial and warehouse uses. Upon completion of Phases II and II the "shell" building will accommodate approximately 29,322 square feet of space that will be leased for commercial and industrial uses. The height of the structure will be less than 45 feet. Eighty three (83) parking stalls are also proposed to comply with off-street parking requirements in the Zoning Code. Related site infrastructure improvements include landscaping, aerobic wastewater treatment systems and drywells to accommodate on-site drainage. The project is scheduled for completion in late 2011 at a cost of approximately $1.24 million, excluding interior/tenant improvements. 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. The change of zone request will conform to, among others, the Land Use and Economic elements of the General Plan and the Kona Community Development Plan. This proposed change of zone request is consistent with the Land Use and Economic elements of the General Plan in that the proposed development will provide additional and expanded employment opportunities for the residents of the area as well as the entire island. The employment opportunities from the proposed development as a result of this zoning request will generate both short-term (construction) and long-term (operational) employment. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The project area is designated Industrial. The Industrial designation allows for uses such as manufacturing and processing, wholesaling, large storage and transportation facilities and light industrial uses. The proposed zoning will allow a mix of uses in an area already established with industrial uses. Properties in the Kaloko Industrial Park are zoned ML-1 a, and include various industrial and retail uses, including Home Depot (located directly south of the subject property) and Costco. As a result, the area has become a regional destination for shopping and there is a growing tenant demand for commercially zoned properties in the area. In response to this demand some nearby properties have been rezoned from ML- 1 a to MCX-1 a, including the property mauka of the project site (Kaloko Industrial Park Phases III and IV), which was rezoned to MCX-1 a in 2002. Therefore, a -2- favorable recommendation of this change of zone request will be consistent with the land use pattern being established within this portion of North Kona. The Kona Community Development Plan (CDP) translates the broad General Plan statements to specific actions for the North and South districts. The subject property is located within the CDP's Kona Urban Area. The proposed zoning is consistent with the rezoning requirements of the CDP as it is consistent with the LUPAG and is considered "infill" development within an existing industrial area. All essential utilities and services essential to accommodate urban development are available to the site. County water is available to the site. Wastewater from the proposed development will be disposed of in an existing cesspool that has been approved by the Environmental Protection Agency (EPA). In addition, two separate 1,500-gallon Aerobic Treatment Plants (ATP), which have been approved by the Department of Health will be installed by the applicant. Solid waste will be disposed of by a private contractor at the County's Pu`uanahulu landfill. Electricity and telephone services are available to the site. The subject property is surrounded on three sides by Hina Lam Street, Kamanu Street and Olowalu Street which are County owned and maintained roadways. Access to the property is via two existing driveways on Olowalu Street and one existing driveway on Kamanu Street. Hina Lani Street runs along the north border of the property; however, the Department of Public Works (DPW) has prohibited access to this roadway. The Department of Public Works recommends access to the driveway on Kamanu Street be limited to right-tum in and out movements only. DPW is also recommending the applicant provide a 10- foot wide future road widening setback easement along the entire Kamanu Street frontage and dedicate it to the County, upon request, at no cost to the County, for. future widening of Kamanu Street. The current right-of-way width of Kamanu Street fronting the property is 60 feet and along the mauka side of Kamanu Street there is a 20-foot wide road lot that is currently owned by TSA Corporation, but is required by Ordnance No. 02 114 to be dedicated to the County. Upon dedication of this road lot, Kamanu Street will have a right-of-way width of 80 feet in this 3 area, which is the same right-of-way width recommended in the Keahole to Kailua Development Plan (K to K Plan). However, according to DPW this 20- foot wide road lot was created to allow for a future double left turn lane with signal and right turn lane as identified in the traffic impact analysis report prepared for the Kaloko Industrial Park Phases III and IV development. DPW is recommending the applicant provide a 10-foot wide future road widening setback because Kamanu Street may need an additional southbound through lane on the makai side (adjacent to the applicant's property) in the future if Kamanu Street becomes a through street north of Hina Lam Street as shown in the Kona CDP. The Planning Department concurs with the reasons for this recommendation. Therefore, these recommendations will be included as conditions of the change of zone. Additionally, the existing mauka driveway on Olowalu Street, which the applicant had planned to use as the primary access to the site, is located less than 75 feet from the Kamanu Street intersection, and does not conform to Chapter 22, Hawaii County Code. To remedy this situation, DPW is recommending left-turn movements to and from this driveway be prevented by the applicant either closing the driveway or installing a median barrier within Olowalu Street. The Planning Department advises against this recommendation because Chapter 22, Hawaii County Code was revised after the applicant constructed the driveway, so although the driveway is non-conforming now, at the time it was constructed it met the requirements of Chapter 22, Hawaii County Code. This driveway serves as the primary access to the development and therefore it would be unreasonably expensive to require the applicant to close off the driveway and re-design a different primary access for the development. The Department of Public Works is also recommending that the applicant provide sight distance easements along Olowalu Street and Kamanu Street. This recommendation will be included as a condition of the change of zone. The Kealakehe Police Station is located approximately two miles from the subject property, and fire protection is provided by the Kailua-Kona Fire Station -4- located less than five miles from the property. The Kona Medical Center is located in Kealakekua, approximately ten miles from the property. Essential services and infrastructure, which include electricity, sewer, water, and roads, are available to the area. Thus, the granting of this change of zone would not unreasonably burden public agencies to provide roads and streets, sewer, water, drainage improvements and police and fire protection to accommodate the development of this property. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management Area. The subject property is located mauka of the Queen Ka`ahumanu Highway approximately two miles from the shoreline and is not in the Special Management Area. Thus, the property will not be affected by coastal hazards and beach erosion. There are no identified recreational resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources on the subject property. In a letter dated November 3, 2008, the State Department of Land and Natural Resources Historic Preservation Division (SHPD) stated that "no historic properties will be affected by this undertaking because development/urbanization and previous grubbing/grading has altered the land, and SHPD previously reviewed this project area and no mitigation was needed at that time." A condition of the change of zone will require that the applicant cease work and notify the Planning Department should any unanticipated archaeological features or sites be uncovered during the course of development. As the property is located in an urban area and cleared of any vegetation, no professional floral or faunal surveys were conducted. The applicant believes that no rare, threatened or endangered species occur on the property. There is no evidence of any traditional and customary Native Hawaiian rights being practiced on the property, nor existence of any valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural, natural or historical resources in the area. -5- Based on the above findings, approval of this change of zone request from Limited Industrial 1-acre (ML-I a) to an Industrial Commercial Mixed 1-acre (MCX-I a) zoned district would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-3 (North Kona Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -6- CMimonREZ. mj c-2/4/09 WILLIAM AND DIXIE MINSON CHANGE OF ZONE APPLICATION (REZ 08-89) CONDITIONS OF APPROVAL A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Should the applicant require additional water beyond the committed two (2) units of water (maximum daily usage of 1,200 gallons per day), the applicant shall submit estimated daily water usage calculations, prepared by a licensed engineer for review and approval by the Department of Water Supply. C. Construction of the proposed development shall be completed within five (5) years from the effective date of this ordinance. D. Final Plan Approval for the proposed industrial-commercial development and its related improvements shall be secured from the Planning Director in accordance with the Zoning Code, Section 25-2-71 prior to the alteration or extension of the existing building, or the construction of any additional structures, or the establishment of any use on the subject property. Plans shall identify existing and proposed structures, fire protection measures, access driveway(s), parking area(s) and landscaping associated with the proposed development. E. Plans submitted for Final Plan Approval review shall contain a detailed landscaping plan prepared in accordance with the requirements of Planning Department Rule No. 17 relating to Landscaping and the Design Manual for Kaloko Light Industrial Park. F. Direct access to Hina Lam Street shall be prohibited. G. A sight distance easement meeting with the approval of the Department of Public Works shall be provided and recorded along the property frontage with Olowalu Street and any sight distance obstructions shall be removed, within the subject property, to establish and maintain adequate stopping sight distance for right-turn movements. H. A 10-foot wide future road widening setback shall be provided along the entire -1- Kamanu Street frontage and be dedicated to the county, if required by the Department of Public Works, at no cost to the County, for the future widening of Kamanu Street. Access to Kamanu Street shall be limited to right-turn in and out movements only. In addition, the applicant shall provide, record and maintain a 5-foot wide sight distance easement along the Kamanu Street frontage from the Kamanu Street driveway to Hina Lam Street, allowing no obstructions within the easement between the heights of three (3) and eight (8) feet above finished grade. I. All new driveway connections to the property from Olowalu Street and Kamanu Street shall conform to Chapter 22, County Streets, of the Hawaii County Code. J. All development generated run-off shall be disposed of on-site and shall not be directed toward any adjacent properties. If required, a drainage study shall be prepared and submitted to the Department of Public Works prior to the issuance of Final Plan Approval.. Any drainage improvements, if required, shall be constructed, meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. K. The applicant shall obtain an Underground Injection Control (UIC) permit from the State Department of Health prior to installing drywells on the subject property. L. The applicant shall comply with the applicable requirements of Chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department of Health that may require an NPDES permit for certain construction activities. M. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of Final Plan Approval. N. Should any remains of historic sites such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources- Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR- HPD after sufficient mitigation measures have been taken. 2 O. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. P. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. Q. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. -3- <I OF J COUNTY OF HAWAII STATE OF HAWAII •FF pfM••' BILL NO. ORDINANCE NO. PLANNING DEPARTMENT AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM LIMITED INDUSTRIAL - I ACRE (ML-1a) TO INDUSTRIAL-COMMERCIAL MIXED - 1 ACRE (MCX-1 a) AT KALOKO, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-3-051:065. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kaloko, North Kona, Hawaii, shall be Industrial-Commercial Mixed- 1 acre (MCX-1 a): Beginning at the Northwest corner of this parcel of land, being the Northeast corner of Lot B-2 on the South side of Hina Lani Street, the coordinates of said point of begirming referred to Government Survey Triangulation Station "MOANUTAHEA" being 16,816.57 feet South and 22,135.74 feet West and running by azimuth measured clockwise from True South: Thence, along the Southerly side of Hina Lani Street, along a curve to the right with a radius of 2,460.00 feet, the chord azimuth and distance being: 1. 260° 08' 18" 140.64 feet to a point; Thence, along the West side of Kamanu Street, along a curve to the right having a radius of 30.00 feet, -1- the chord azimuth and distance being: 2. 305° 19' 29" 41.34 feet to a point; 3. 348° 52' 24" 293.26 feet along Kamanu Street to a point; Thence, along Olowalu Street along a curve to the right having a radius of 30.00 feet, the chord azimuth and distance being: 4. 33° 52' 24" 42.43 feet to a point; 5. 78° 52' 24" 139.18 feet along the Northerly side of Olowalu street to a point; 6. 168° 53' 19" 356.33 feet along Lot B-2 to the point of beginning and containing an area of 59,669 square feet. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to- (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS -2- SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: i -3- A-20a MCX-la A ZCVL MCX-1a LIMITED INDUSTRIAL - 1 ACRE (ML-1a) TO INDUSTRIAL-COMMERCIAL MIXED - 1 ACRE (MCX-1 a) MCX-la 59,669 SQ.FT. MCX-la ML-la ML-la ML-la U) KAMANU ST A-20o UU) J Z ML-la J ' 3 Q ML-la Q J Z MCX-la O 16,816.575 U) 22,135.74 W Q "MOANUTAHEA' J 0 MCX-la ML-la A-20a ML-la 0 250 500 1,000 1,500 2,000 ML-1a Feet I i AMENDMENT TO THE ZONING CODE - AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM LIMITED INDUSTRIAL - 1 ACRE (ML-1a) TO INDUSTRIAL-COMMERCIAL MIXED - 1 ACRE (MCX-1a) AT KALOKO, NORTH KONA, HAWAI'I MAP PREPARED BY. COUNTY OF HAWAII, PLANNING DEPARTMENT TMK: 7-3-051065 DATE: November 24, 2008 (William & Dixie Minson EXHIBIT "A" Map 1257)