HomeMy WebLinkAboutCOM 0673.000 2008-2010
William P. Kenoi
Mayor
County of Hawaj'j
891 U]ulani Street . Hila, Hawai'i 96720-3982 . (808) 961-8211 · Fax (808) 96]-6553
KONA: 75-5706 Kuakini Highway, Suite] 03 . Kailua-Kana, Hawai'i 96740
(808) 329-5226 . Fax (808) 326-5663
December 18, 2009
Honorable J Yoshimoto, Chairman
and Members of the County Council
County ofHawai'i
25 Aupuni Street
Hilo, HI 96720
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Dear Chairman Yoshimoto and Members:
Change of Zone Application (REZ 09-000101)
Applicant: Brian Sugai
Request: A-la to CN-20
Tax Map Key: 2-3-37:19
pange of Zone Application (REZ 09-000107)
Applicant: Hawaii Brewery Development Co., Inc.
Request: A-5a to F A-2a
Tax Map Key: 1-6-141 :24
As required by Chapter 4, Sec. 6-4.3(C), Hawai'i County Charter, transmitted herewith for the
County Council's consideration and action are the Planning Commission's letters and enclosures
regarding the above-referenced requests.
Sincerely,
William P. Kenoi
Mayor
Enclosures
cc: Planning Department
< Biu \Q.7)
Comm. No.
Ref. To:
Ref. Date
William T. Takaba
Managing Direc/or
Wally Lan
Depu/y Managing Direc/or
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,JAN 0 R 71i\\L-
County of Hawai'i
PLANNING COMMISSION
Aupuni Cenler . 101 Pauahi Street, Suite 3 . Hilo, Hawai'i %720
Phone (808) 961-8288 . Fax (808) % 1-8742
December 18, 2009
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The Honorable J Yoshimoto, Chairman
and Members of the County Council
County ofHawai'i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Yoshimoto and Council Members:
Applicant: Hawaii Brewery Development Co., Inc.
Change of Zone Application (REZ 09-000107)
Request: A-5a to F A-2a
Tax Map Kev: 1-6-141:24
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The Windward Planning Commission, after a duly held public hearing on December 4, 2009,
voted to recommend for your approval the proposed legislative bill for a Change of Zone from an
Agricultural- 5 acres (A-5a) to a Family Agricultural- 2 acres (FA-2a) district for 7.829 acres of
land. The property is located east of Highway 11 (Volcano Highway) and north of Highway 130
(Kea'au-Pahoa Highway), Kea'au, Puna, Hawai'i.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
The applicant requests a Change of Zone for 7.829 acres ofland from an
Agricultural 5-acre (A-5a) to a Family Agricultural 2-acre (F A-2a) district for
approximately 7.829 acres ofland to subdivide the property into three lots approximately
two acres in size. The project site was part of an approximately 14.5-acre property,
currently the site of a water bottling facility permitted by Special Permit No. 842 to
establish a brewery, water and soft drink bottling facility and related improvements. The
14.5-acre parcel was subdivided into two lots approximately seven acres in size under
Final Subdivision Approval on January 11, 2005. The water bottling facility is
established on one of the subdivided parcels. However, the 7.8-acre parcel appears too
large for the proposed brewery and soft drink bottling facility, and the applicant currently
seeks a change of zone from A-5a to FA-2a to subdivide the 7.8-acre parcel into three
lots. This would potentially allow different operators for the brewery and soft drink
Hawai 'i County is an Equal Opportunity Provider and Employer
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 2
bottling facility. The applicant states that "there is a possibility that the brewery would be
split into two components. One would involve a micro-brewery for beer, and the other
could possibility be a distilled brewery for sake." The applicant has submitted a
concurrent request for a five-year extension of time to amend Condition No.5 of Special
Permit No. 842 approved on May 27, 1993 to establish a brewery, water and soft drink
bottling facility and related 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 also be considered as they may have an impact on similar areas in the
County, but ultimately, on the future development of the entire island.
The proposed change of zone request would conform to the goals, policies,
standards of the Land Use and Economic elements ofthe General Plan. The General
Plan was developed as a policy guide for the coordinated growth and development of all
sectors of the County. It sets forth courses of action to accommodate growth without
congestion, to designate and preserve the lands needed for residential use, commercial
and visitor services, industry, agriculture and open space, and to coordinate these uses
with the County's service and circuiation systems. The proposed request would
complement the Land Use and Economic goals, policies and standards in the General
Plan set forth to physically plan the lands in the County in the best interest of the island's
residents.
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan is a representation of the document's goals, policies, standards and courses of action
to guide the coordinated growth and development of the County. It reflects a graphic
depiction of the spatial relationships among various land uses and the expressed policy
statements of the document itself. The LUP AG Map establishes the basic land use
pattern for areas within the County. Therefore, change of zones and requests for
amendments to the LUP AG Map must be evaluated against applicable goals, policies and
standards of the General Plan.
The General Plan LUP AG map identifies the project site as Low Density Urban,
which is defined as land uses that are "single family residential in character, ancillary
community and public uses, and convenience type commercial uses." Although this
request is not for residential uses, it is support the General Plan LUP AG designation and
would not frustrate the long-term low density goal envisioned in the General Plan. In
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 3
general, the majority of properties surrounding the subject property are zoned A-20a,
except for Shipman Industrial Park located across Highway 11 to the west and several
residential areas located to the south near Kea'au town. Several Special Permits have
been approved in the immediate area, including several processing facilities for papaya,
pickled vegetables, fruit, macadamia nut, etc.
The proposed area is on the fringe of an area identified as Industrial in the General
Plan LUP AG map. This area was considered for industrial expansion as a variety of
industrial uses have been established in the vicinity through the change of zones and the
Special Permit process:
. SPP No. 671 (Hawaii Anthurium Growers Cooperative) in August 1988, on
TMK: 1-6-03 :21 for a processing and floral packing facility.
. SPP No. 686 (HELCO) in November 1988, on TMK: 1-6-03: 93 to operate an
electric power plant previously operated by Puna Sugar Company.
. SPP No. 707 (AMFAC Tropical Products) in June 1989, on TMK: 1-6-03:18 &
23 for a fruit packing and processing plant.
. SPP No. 418 (AMFAC Tropical Products) in March 1979 and expanded in June
1989, on TMK: 1-6-03: portions of 5 and 73 for fruit packing and papaya puree
processing facilities. Special Permits No. 671, 707 and 418, which includes
processing agricultural products grown off site, are now permitted uses.
. SPP No. 925 (Hawaii Christian Camping Association, Inc.) in February 1996, on
TMK: 1-6-03: 17, for a church, school and related improvements.
. SPP No. 931 (Greenhouse Specialists, Inc.) in February 1996, on TMK: 1-6-03:
20, for a greenhouse and nursery supply outlet.
. Ordinance No. 98 060, effective July 2, 1998, TMK: 1-6-141: 101 from A-20a to
FA -1 a.
. Ordinance No. 86 141, effective May 15,1986, TMK: 1-6-3: 121 from A-20a to
A-Sa.
. Ordinance No. 97067, effective May 14, 1997, TMK: 1-6-3: 5 from A-20a to
ML-20.
. SPP No. 08-66, effective October 3,2008, TMK: 1-6-3: Por. 104 for a water and
beverage bottling facility
. Ordinance No. 09 52, effective May 11, 2009, TMK: 1-6-3: 18 and 23, from A-
20a to ML-l a to renovate existing warehouses for use as a water and tropical fruit
beverage bottling plant.
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 4
The project site is situated within close proximity to commercial areas,
employment centers and public safety services. The project site is located less than
one mile from the urban retail and employment area ofKea'au Town Center. Police, fire
and emergency medical services are located in Kea'au, approximately one mile from the
property. Kea'au is centrally located at the junction of two major highways in the Puna
District, Highway 11 and the Kea'au-Pahoa Highway.
All utilities and services are or will be made available to the project site. All
essential utilities are available to the site. Access to the project site will be from the
Kea'au-Pahoa Bypass onto a frontage road, formerly known as the Old Volcano
Highway. The Old Volcano Highway connects to Slaughterhouse Road (a private road),
approximately one mile from the Bypass. Both the Highway and the Road have a
pavement width of20 feet w'ithin a 50-foot wide right-of-way. The Slaughterhouse Road
tapers near the entrance to the project site to a pavement width of20 feet.
According to the applicant, water can be made available from a 6-inch waterline
fronting the site. There is no municipal wastewater system in the area. According to the
applicant, an enhanced septic system meeting with the requirements of the Department of
Health will be required. This will be done by the applicant in conjunction with the
issuance of a building permit for the proposed brewery.
The request is not contrary to Chapter 20SA, Hawai'i Revised Statues,
relating to Coastal Zone Management. The project site is not proximate to the
shoreline and not located in the SMA. There is no record of a designated public access to
the shoreline or mountain areas that traverses the site. According to the applicant, no
valued cultural, historical or natural resources exist on the properties and there is no
evidence of any traditional and customary Native Hawaiian rights being practiced on the
site. Thus, it is not anticipated that the proposed request will have any adverse impact on
cultural or historical resources in the area. Therefore, no action is necessary to protect
these rights.
The property has no severe geological or topographical problems which cannot be
rectified or which would render the land unusable. The project site is located within Zone
"X", area determined to be outside the 500-year floodplain. All development generated
storm run-off shall be disposed of on-site and not allowed onto adjacent properties or
roadways.
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 5
By letter dated October 6, 2003, the DLNR-HPD has determined that no historic
properties will be affected by this project because residential development/urbanization
and previous grubbing/grading has altered the land. No professional surveys were
conducted of the site due to the history of disturbance. No professional flora or fauna
surveys were conducted of the site. The applicant does not believe that rare or
endangered floral or faunal resources are on the site as the project site has been disturbed
and is located within an urban environment close to existing industrial and commercial
uses.
In view of the Hawai'i State Supreme Court's "PASH" and "Ka Pa 'akai 0
Ka 'Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights
must be addressed. These rights must be addressed in terms of the cultural, historical,
and natural resources and the associated traditional and customary practices of the site.
Investigation of valued resources: As the property has been previously disturbed,
no formal archaeological reconnaissance survey, oral history of kamaaina accounts of the
area, historical survey of documentary records, or botanical study was included in the
application.
The valuable cultural, historical, and natural resources found in the project area:
In a letter dated October 6, 2003, the DLNR-HPD states, "no historic properties will be
affected by this undertaking."
Possible adverse effect or impairment of valued resources: As stated by the State
Department of Land and Natural Resources Historic Preservation Division, "no historic
properties will be affected by this undertaking." The site has already been disturbed and
as such, the project should not result in an irreversible commitment of natural or
archaeological resources.
Feasible actions to protect native Hawaiian rights: According to the applicant, the
property is not used for native Hawaiians for the gathering of plants or gathering. In the
unlikely event that legitimate gathering claims are made by native Hawaiians, the
applicant intends to respect and honor such claims and provide the needed access within
the site.
Based on the above findings, this request for a Change of Zone from an
Agricultural (A-Sa) to a Family Agricultural (FA-2a) zoned district would result in
an appropriate land use pattern and further the public convenience, necessity and
general welfare.
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 6
For your favorable consideration, an amendment to Section 25-8-22 (Puna District Zone Map), of
the County Zoning Code is transmitted.
We are enclosing copies of the staff Background and Planning Director's Recommendation as
well as a transcript of the hearing for your information.
Sincerely,
Rell Woodward, Chairman
Windward Planning Commission \
p
Lhawaiibreweryrez09-000 1 07wwpc2
Enclosures
cc: Mr. Sidney Fuke
Mr. Marcus Bender
Department of Public Works
Department of Water Supply J
Department of Land & Natural Resources-HPD
DOT-Highways, Honolulu
Lincoln Ashida, Esq., Corporation Counsel
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BHiBrewREZ.doc-l1/16/09
COUNTY OF HAW AI'I PLANNING DEPARTMENT
BACKGROUND REPORT
HAW An BREWERY DEVELOPMENT CO., INC.
CHANGE OF ZONE APPLICATION (REZ 09-107)
HAW An BREWERY DEVELOPMENT CO., INe. requests a Change of Zone from
an Agricultural 5-acre (A-5a) to a Family Agricultural2-acre (F A-2a) district for approximately
7.829 acres ofland. The property is located east of Highway 11 (Volcano Highway) and north
of Highway 130 (Kea'au-PahoaHighway), Kea'au, Puna, Hawaii, TMK: 1-6-141: 24.
PROPOSED ACTION
1. Request: Change of Zone for 7.829 acres ofland from an Agricultural5-acre (A-5a) to a
Family Agricultural 2-acre (F A-2a) district. (Planning Department Exhibit 1 - Change
of Zone application)
2. Background and Reasons for the Request: The original 14.5-acre parcel was rezoned
from A-20a to A-5a under Ordinance No. 0421, effective February 25,2004. The
applicant proposed to subdivide the site of the water bottling facility from the proposed
brewery and other components ofthe project, and applied for a 2-10t subdivision. Final
Subdivision Approval was granted by the Planning Director on January 11,2005.
However, as the approximately 7.8-acre parcel appears too large for the proposed
brewery and soft drink bottling facility, the applicant currently seeks a change of zone
from A-5a to FA-2a to subdivide the 7.8-acre parcel into 3 lots. This would potentially
allow different operators for the brewery and soft drink bottling facility. The applicant ....
states that "there is a possibility that the brewery would be split into two components.
One would involve a micro-brewery for beer, and the other could possibility be a distilled
brewery for sake." The applicant has submitted a concurrent request for a five-year
extension of time to amend Condition NO.5 of Special Permit No. 842 approved on May
27, 1993 to establish a brewery, water and soft drink bottling facility and related
improvements.
STATE AND COUNTY PLANS
3. State Land Use Designation: Agricultural.
-1-
ATTACH: Comm. 673
Bill 197
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4. General Plan LUPAG Map: Low Density Urban.
5. County Zoning: A-Sa.
6. SMA: The Special Management Area (SMA) is a part of the Coastal Zone Management
Program and regulated by the County. The project site is located over ten miles from the
shoreline and not in the Special Management Area.
DESCRIPTION OF PROPERTY AND SURROUNDING AREAS
7. Subject Property: The site is currently unimproved. The proposed micro-brewery will
include a production building, warehouse structure, laboratory, and administration
facilities, as well as the required improvements to the access roads and parking areas.
Plans for the soft drink bottling and distillery have not been prepared as of yet.
8. Surrounding Zoning and Land Uses: Surrounding properties are zoned A-20a and A-
Sa. Parcell, which the subject parcel was a portion of, is the site ofthe water bottling
facility and zoned A-Sa. The Shipman Industrial Park, zoned MG-20, is located across
Highway 11 to the west. There are residential areas within 500 feet to the south near
Kea' au town. There are various special permits approved in the area, including several
processing facilities for papaya, pickled vegetables, fruit and macadamia nut. Two other
water bottling facilities were approved close to the subject site: 1) across from the Kea'au
HELCO substation (formerly Puna Sugar Company mill) SPP No. 08-66, effective
October 3,2008 on TMK: 1-6-3: Por. 104, and; 2) on the southeast comer of the East
Milo Street ExtensionlRailroad Avenue junction, under Ordinance No. 09 52 effective
May 11, 2009 on TMK: 1-6-3: 18 and 23, from A-20a to ML-1a.
9. ALISH: Unclassified.
10. FIRM: Zone "X" or areas outside the SOO-year flood plain.
11. U.S.D.A. Soil Type: The property is classified as ala' a extremely stony silty clay loam,
o to 20 percent slopes (aID) and Keaukaha extremely rocky muck, 6 to 20 percent slopes
(rKFD). Permeability is rapid, runoffis slow to medium and the erosion hazard is slight.
12. Land Study Bureau Soil Productivity Rating: The western portion of the property is
classified as "D" or "Poor" and the eastern half of the property is classified as "C" or
"Fair".
13. Archaeological/Historical Resources: According to the applicant, as the site has
-2-
..,
already been disturbed, an archaeological inventory survey of the site was not conducted.
When the property was rezoned in 2003, the Department of Land and Natural Resources-
Historic Preservation Division stated that no historic properties will be affected by the
project.
14. Flora/Faunal Resources: Although there were no professional flora or fauna surveys
conducted of the site, the applicant does not believe that rare or endangered floral and
faunal resources are likely to be found within the project site. The site has been
extensively cleared, as it was used formerly for sugar cane and later as a cattle-holding
pen. A good portion of the site has also been developed with structures and other
improvements. The site is not known to be a habitat for any rare or endangered animal
life.
15. Cultural Resources: There is no evidence of any traditional and customary Native
Hawaiian rights being practiced on the site, nor existence of any known valued cultural,
historical or native resources in the area.
16. Public Access: There is no record of a designated public access to the shoreline or
mountain areas traversing the property.
PUBLIC SERVICES AND FACILITIES
17. Access: Access to the project site will be from the Kea'au-Pahoa Bypass onto a frontage
road, formerly known as the Old Volcano Highway. The Old Volcano Highway connects
to Slaughterhouse Road (a private road), approximately one mile from the Bypass. Both
the Highway and the Road have a pavement width of20 feet within a 50-foot wide right-
of-way. Slaughterhouse Road tapers near the entrance to the project site to a pavement
width of 20 feet.
18. Water: According to the applicant, water can be made available from a 6-inch waterline
fronting the site.
19. Wastewater: There is no municipal wastewater system in the area. According to the
applicant, an enhanced septic system meeting with the requirements of the Department of
Health will be required. The system will be constructed in conjunction with the issuance
of a building permit for the proposed brewery.
20. Other Utilities/Services: Electricity and telephone are available to the site. Police, fire
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protection and emergency medical services are located in Kea'au, less than two miles
from the property.
AGENCIES' COMMENTS
21. Department of Public Works: P.D. Exhibit 2 - November 6, 2009 memo
22. Police Department: P.D. Exhibit 3 - October 15, 2009 memo
23. Department of Water Supply: P.D. Exhibit 4 - November 6, 2009 memo
24. Department of Environmental Management: P.D. Exhibit 5 - October 26, 2009
memo
25. Department of Health: P. D. Exhibit 6 - October 9, 2009 memo
AGENCIES' - NO COMMENTS
26. Fire Department
AGENCIES/ORGANIZATIONS - NO RESPONSE
27. DLNR - Land Division, DLNR- HPD, Department of Transportation
APPLICANT'S RESPONSE TO AGENCIES' COMMENTS
28. P. D. Exhibit 7 - October 26, 2009 letter
PUBLIC COMMENTS
29. P.D. Exhibit 8 - October 15, 2009 letter from Rick Hadley
-4-
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APPLICATIONS
FOR
AMENDMENT TO SPECIAL PERMIT
NO. 842
and
COUNTY REZONING
(A-5a to FA-2a)
HAWAII BREWERY DEVELOPMENT CO.
INC.
Keaau, Puna, Hawai'i
TMK: (3) 1-6-141: 024
Prepared For:
Hawaii Brewery Development Co., Inc.
Prepared By:
Sidney M. Fuke, Planning Consultant
September 2009
Planning Dept.
Exhibit /
.,
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: Hawaii Brew
DATE: Sept. 8, 2009
ADDRESS: 1240 Ala Moana Blvd., Suite 315
Honolulu, Hl968l4
LIST APPLICANT'S INTEREST IF NOT OWNER:
LIST PRINCIP AL(S) INCLUDING NAMES OF MAIN OFFICERS: Marcus Bender, President
PHONE:(Bus.) (808) 593-7731
LANDOWNER(S): Hawaii Brewe
LANDOWNER SIGNA TURB(S): ~
(May be by letter)
LANDOWNER(S) ADDRESS: Same as above
(Res.)
(Fax) (808) 593-7751
DATE: Sept 8,2009
REQUEST: A-5a
(Existing zoning)
TAX MAP KEY: 1-6-141: 024
STREET ADDRESS OF PROPERTY: Slaughterhouse Road
TO FA-2a
(proposed Zoning)
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 7.829acres
AGENT: Sidney M. Fuke
ADDRESS: lOO Pauahi Street, Suite 212
Hilo, III 96720
TELEPHONE: (Bus.) (808) 969-1522
(Res. )
(Fax) (808) 969-7996
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Sidney M. Fuke
COPIES: Marcus Bender
(See Instructions on Reverse Side)
I
I
.,
ATTACHMENT
Agricultural Rezoning
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
I .
If your request is approved, do you intend to subdivide the subject
land in accordance with the approved change of zone?
Yes
If yes, please answer the rest of question 1 and then to question 3.
a. How many acres of the requested area do you intend to subdivide?
b. Into what lot sizes?
All
2+ acres
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?
d. Do you intend to build houses on the newly created lots?
1 month
No
If yes, please answer the following questions:
On how many of those lots?
At what approximate price range?
House
Lot
Total
Approximately how long, after approval of the subdivision,
would the first house be available for occupancy?
If you intend to subdivide, please submit a preliminary schematic
subdivision plan together with your change of zone application
form.
2. If you have no firm plans of subdividing the subject area, do you
intend to:
a. Sell or lease the land to someone who has firm plans? Yes
b. Sell or lease the land to someone who has tentative plans? No
c . Sell or lease the land to someone who has no plans? No
d. Keep it? Yes
e.
p n ? r; /QLl
f. If you intend to do either a, b, c, please elaborate on the kind
also . 1 d .
of plans the other party has. Please, ' lnc u e ln your
answer approximately how soon after approval of your rezoning do
you expect to transfer the subject land to another party.
3.
The subdivided lots would be sold/leased to a potential beverage operator.
Do you think that your request and your further plans for the land
will alleviate the local housing situation?
No
How?
4.
Are there any buildings on the subject area?
No
If so, what kind?
What do you intend to do with those buildings if your request is
approved?
5. Is the subject land currently being used for any agricultural activity? No
If so, please list the kinds of products grown and on how many
square feet or acres of land per product.
6.
Was your request to allow for the creation of smaller agricultural
lots?
No
If so, did your plan include the following considerations?
a. Commodity to be produced?
What kinds of commodity?
b. Suitability of the proposed lot-size for that commodity?
C. Sufficient farm size to allow reasonable chance of success in
commercial agriculture?
-2-
d. Agricultural leases or other forms of assurance that potential
buyers or leases would put the subject area into some form of
agricultural use? None
Please state the proposed type of arrangement.
Please submit your agricultural plans for the subject area and
present evidence of consideration of the above requirements together
with your request for a change of zone.
If you do not intend to subdivide the subject land for some sort of
agricultural purpose, please state your other reasons.
7. To your knowledge, has there been any flooding and/or drainage problem
on the subject area? No
If so, please describe the problem.
8.
Please refer to planning and environmental report for this request.
Do you think that the roads leading to the subject area needs
improvements?
If so, what kind?
No
Please refer to planning and environmental report fro this request.
Is the road adequate for the proposed traffic volume or load?
Yes
9. What sort of governmental assistance and/or improvements do you feel will
be needed in the subject area when developed?
Yes
No
a.
Schools
x
b.
Roads
x
c.
Sewer
x
d.
Drainage
x
-3-
Yes
No
e. Police Protection
x
f. Fire Protection
x
9. Recreational Facilities
x
x
h. Public Utilities
x
I.
Other
For those checked "yes", please elaborate what type or kinds of improvements
and/or assistance are needed.
Signature:
/)~~
~
Address: 1240 Ala Moana Boulevard, Suite 315 Honolulu 96814
Telephone: (808) 593-7731
Date: September 8, 2009
-4-
COUNTY ENVIRONMENTAL REPORT
COUNTY REZONING REQUEST (A-5a to FA-2a)
AMENDMENT TO SPECIAL PERMIT NO. 842
HAWAII BREWERY DEVELOPMENT CO. INC.
KEAAU, PUNA, HAWArI
TAX MAP KEY: (3) 1-6-141: 024
I. INTRODUCTION
Hawaii Brewery Development Co. Inc. (hereinafter referred to as either
"applicant" or "HBDe') applied for and received a Special Permit (SPP
842) by the Planning Commission on May 27,1993 to establish a brewery,
water, and soft drink bottling facility and related improvements on 14.5+
acres of land. (Exhibit A) Subsequently, a water bottling facility was
established on 7+ acres of the original acreage.
Because 'the brewery and soft drink bottling components were not
completed, HBDC requested and in a letter, dated December 16; 2003,
received a 5-year time extension from the Planning Commission. (Exhibit
B) In a letter, dated April 18, 2006, Final Plan Approval was secured for
the brewery component from the Planning Director. (Exhibits C and C-1)
As will be explained below, neither the brewery nor the soft drink facility
has been built as of this date, and as such, another 5-year extension is
being requested herein.
The original parcel was also the subject of a rezoning action from A-20a to
A-Sa (Ord. No. 0421) that became effective on February 25; 2004.
(Exhibit D) This was to enable HBDC to subdivide the water bottling
facility from the site of the proposed brewery and other components of this
project. HBDC then applied for a 2-lot subdivision, which was
subsequently approved by the Planning Director on January 11, 2005.
(Exhibit E)
HBDC still wants to proceed with the brewery and soft drink bottling
facility. As such, it is seeking this 5-year time extension. Furthermore, the
7.8+ acre area is too large for proposed brewery and soft drink bottling
facility. HBDC thus wants to have this area subdivided into three lots so
that various components of this project could be on each of those lots. In
so doing, there would be the potential of having different operators for the
brewery and soft drink facility. It should be noted that there is a possibility
that the brewery would be split into two components. One would involve a
micro-brewery (beer) and the other could possibly be a distilled brewery
such as shochu.
1
II. PROJECT LOCATION
The subject area is located generally east of the Volcano Highway and
(Highway 11) and north of the Keaau-Pahoa Bypass Road (Highway 130).
The town of Keaau is located approximately 1 mile to the south. (Figure 1)
Surrounding land uses include a papaya packing plant, the former Keaau
Kim Chee factory, a cabinet shop, and scattered residences. There is a
property less than 1,000 feet from the subject area that was rezoned to
FA-1a.
III. PROPERTY HISTORY
The subject property was originally part of two lots identified by TMK: 1-6-
141: 2 and Portion of 1). One of the conditions of the Special Permit
required the 14.5-acre area to be consolidated and resubdivided prior to
receipt of Final Plan Approval. This was accomplished in 1995, and
subsequently, a new tax map key number (TMK: 1-6-141: 001) was
assigned to the subject property.
After the water bottling company was established, parcel 001 was then
rezoned from A-20a to A-5a and then subdivided so that the bottling plant
could be on one lot and the planned brewery and other components on
the other. Today, the bottling plant is on parcel 001, while the parcel
affecting the planned brewery and related facilities and this application is
parcel 024. (Figure 2)
The Special Permit also allowed the establishment of a brewery and soft
drink bottling facility, including a visitor center. Condition 5 also required
construction of the facility within five (5) years (Le., June 1998). A time
extension was granted to December 13, 2008. This component has not
been developed, and inasmuch as the applicant intends to develop the
remaining components of the approved permit, another 5-year time
extension is being sought.
IV. PROJECT DESCRIPTION
A. Proiect Concept and Components
As noted above, the applicant would like to either develop or lease
a portion of the subject site for a micro-brewery and visitor center,
distilled brewery like shochu, and soft drink bottling plant as
originally envisioned by the Special Permit. To increase the
potential of having different operators for these functions, the
applicant would like to have the property subdivided into three lots.
By being able to sell or lease a portion of the 7+ acre site, it would
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help facilitate the financing and operations of the respective
operators. (Figure 3)
It should be noted that, when initially approved, the entire 14+ acre
site was envisioned for a bottling and brewery facility with
accommodations for a visitor center. This location was sought
because of the excellent natural resource - water - in this area.
That concept has not changed. What has changed, however, is the
creation of lots within the original 14+ acre area to make the project
financially more feasible and operational.
The applicant believes that the proposed 2-acre sized lots would
still provide adequate buffer around the surrounding vacant
properties and the existing bottling plant.
The proposed micro-brewery will include a production building,
warehouse structure, laboratory, and administration facilities
as well as the required improvements to the access roads and
parking areas. (see Exhibit C-1) These structures will be
constructed and operated in a manner consistent with terms of the
Special Permit. Plans for the other facilities (soft drink bottling and
distillery) have not been prepared as of yet.
The applicant understands that the subdivision plan submitted
herein may change prior to receipt of final subdivision approval to
accommodate County subdivision requirements and appropriate
conditions of zoning and, if appropriate, Special Permit approvals.
B. Proiect Timetable and Cost
The applicant hopes to secure the necessary County rezoning
approval as soon as possible and begin the subdivision process
immediately thereafter. Tentatively, plans call for having the land
subdivided by early to mid 2010, and the development of the micro-
brewery in mid 2012.
As all of the essential utilities are in, the cost associated with the
subdivision should be minimal. However, water meter and perhaps
some moderate road improvements may be needed. The applicant
does not anticipate these improvements to exceed $100,000. The
estimated construction cost of the brewery and related facilities,
however, would exceed $3 million.
v. INSTITUTIONAL CONSIDERATIONS
A. State land Use
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Fi2'ure 3
The subject area is designated Agriculture. Based on the size of
the requested area, no State Land Use Commission action is
required. The County of Hawaii can process the rezoning request.
B. County General Plan
The County General Plan Land Use Pattern Allocation Guide
(LUPAG) map designates the most of the site Low Density Urban.
This designation is designed to accommodate land uses that are
"(S)ingle family residential in character, ancillary community and
public uses, and convenience type commercial uses."
Based on the requested Family-Agriculture (FA-2a) designation, the
project would be consistent with the General Plan LUPAG
designation of Low Density Urban, and no amendments would be
required. Such a designation would not frustrate the long-term low
density goal envisioned on the General Plan.
It should be noted that the facility was allowed through the Special
Permit process. The rezoning is designed to accommodate the
uses envisioned by the Special Permit. In the unlikely event the
uses of the Special Permit are not implemented, the properties can
still be utilized for Family-Agricultural uses.
C. Puna Community Development Plan
The CDP was adopted by the County Council on August 27,2008
to serve as a guide for decision-makers. The subject area is
outside of the Kea'au Regional Town Center. A detailed discussion
of the project's relationship to the CDP is found in Chapter IX of this
report.
D. County Zoning
The County zoning of the subject property is Agriculture (A-Sa).
Essentially, the surrounding properties are also zoned A-5a and
20a. There is a Single-family Residential (RS-15) zone further
south, closer to the town of Keaau. Although zoned A-20, there are
lots north of the subject property that vary in size from 1 + to 5+
acres. There is also one parcel that was recently rezoned to FA-1a.
If approved, the site would be subdivided in a manner meeting with
both the Zoning and Subdivision Codes. Further, all uses and
standards consistent with the requested FA-2a zone, except as
may be allowed by the Special Permit, would be adhereq, to.
4
E. Relationship to SMA Obiectives and Policies
The site is not located within the County Special Management Area
(SMA). As such, no SMA Use Permit would be required. However,
as the entire island falls within the State Coastal lone Management
(ClM) Area, some discussion of the request's relationship to the
elM Program follows.
The site is not adjacent to the ocean. It is more than 3 miles from
the shoreline. As such, the proposed action should not have any
adverse impacts on the area's coastal recreational and marine
resources nor have any impacts on beach protection.
The likelihood of this improvement having any impacts to the area's
historic resources is not likely. The site has been extensively
cleared, as it was used formerly for sugar cane and later as a
cattle-holding pen. A good portion of the site has also been
developed with structures and other improvements.
Nonetheless, should there be any inadvertent finds during
construction of this project, work will stop until clearances are
received from the appropriate County and State agencies.
The proposed action will involve the construction of improvements
in a rural/urban setting. Accordingly, there is a potential visual
impact to the area's scenic and open space resources from the
Volcano Highway and Keaau By Pass. However, relative to the
height of the proposed brewery and other structures, they would be
comparable to a residential dwelling (Le., less than 35 feet tall). As
the proposed lots are large (2+ acres), the visual obstruction, if any,
should be minimal. At the same time, beyond the site, the view is
relatively flat with no direct ocean or mountain views. Thus any
visual impact to the near or off shore waters as well as to slopes of
Mauna Kea or Mauna Loa would be absent.
Relative to the Coastal Ecosystems, impacts should be negligible,
if at all, as the site is located well over 3 miles from the ocean.
Notwithstanding the distance, the nature of the project and the
construction of septic wastewater systems are such that potential
coastal ecosystem impacts would usually not be found.
Although the proposed action will not result in creating more active
agricultural use of the land, it will still have economic use. The
existing water bottling plant and soon to be developed micro-
brewery and other planned components of this project will provide
5
employment to area residents. As such, there will be economic
uses of the property.
Because of its distance from the shoreline, the site should not be
subject to coastal hazards.
Relative to the managing development objective, this function is
more applicable to the "authority" or approving agencies. However,
it is noted that the request would operate and be constructed within
the scope of the Zoning Code. The subject site would be zoned
FA-5a, and the requested use through the Special Permit and
design/parameters (parking, height, setback, etc.) would be
consistent with said zoning. In that regard, the project would be
consistent with this policy.
Finally, in terms of the public participation objective, this is
generally a public agency function. This is achieved through the
Marine and Coastal Zone Management Advisory Group
(MACZMAG) and the public hearing process required pursuant to
the Planning Commission's Rules and County Council's meetings
on this application. Notices of this application will be sent by the
applicant to surrounding property owners of the submittal of the
application, and again, prior to the public hearing.
Based on the foregoing, it is concluded that the requested
improvements would be consistent with the objectives, policies and
guidelines of the Coastal Zone Management Policies, as outlined in
Chapter 205-A-23, HRS and Planning Commission Rule No. 9
relating to Special Management Area.
F. Other Permittina Requirements
As noted earlier, other permits would still be required. These would
be of the "ministerial" variety, such as Subdivision Approval, Plan
Approval, building permits, possible Underground Injection Control
(UIC) permit, and the like. .
VI. ENVIRONMENTAL CONSIDERATIONS
A. General Description
The subject parcel is located on the east side of the island of
Hawai'i, approximately 3 miles from the ocean. The parcel is fairly
level with no significant on-site undulations. Its elevation ranges
between 280 feet to 190 feet, above mean sea level. The lowest
6
area of the property is located on the southeastern boundary,
adjacent to the Railroad Avenue right-of-way.
The mean annual rainfall in this area ranges between 125 to 175
inches. The wetter months tend to occur between March through
September. The mean annual temperature is about seventy-five
(75) degrees Fahrenheit, with the warmer months during the
summer. Gentle easterly or trade winds occur during the day, while
westerly or mountain winds are prevalent during the evenings.
The subject site is generally shaped like a flag, although there are
two poles. One of those poles fronts the "Slaughter House Road"
and together with the adjoining lot (parcel 001), forms a 50-foot
wide access. The other pole is located on the east side, south of
the bottling plant lot. The width of that pole is more than 130 feet
and is thus relatively wide and suitable for a residential lot. (See
Figure 3)
The subject site is vacant of any structures. New structures for the
proposed micro brewery and related facilities are planned for the
proposed 2.4+ acre lot. The structures will include a production
building, warehouse structure, laboratory and administration
facilities as well as the required improvements to the access roads
and parking areas. These structures will be constructed and
operated in a manner consistent with terms of the Special Permit.
Plans for the other components of this project have not been
prepared as of this date. However, they will all be consistent with
the zoning requirements relative to height, setback, landscaping,
and the like.
B. Soils and TOPoQraphv
Although the site is fairly level, there is a slight slope running in an
easterly direction.
The US Department of Agriculture Soil Conservation Service Soil
Survey Report classifies the soil to be ofthe O/a 'a (010) and
Keaukaha (KFD) series. The Ola 'a series consist of well-drained,
extremely stony silty clay loams which formed in volcanic ash.
Permeability is rapid, runoff is slow, and the erosion hazard is
slight. Sugar cane use was typical of this soil type in this area.
The Keaukaha series is also well drained and is rapidly permeable.
It is characterized by thin organic soil overlying pahoehoe . lava
bedrock. Runoff is medium, and the erosion hazard is slight.
Although not in this area, most of this soil is found in native forest.
7
The Land Study Bureau Overall Master Productivity RatinQ for the
subject area is essentially Class "C" or fair (C178). This soil is of
the Ola 'a series, where the depth of the soil is moderately deep.
The texture is moderately fine, and the drainage well drained but
moist. It is poorly suited for machine tillability, and this soil type is
typically found in the Puna district.
The State of Hawaii's Aqricultural Lands of Importance to the State
of Hawaii (ALlSH) maps classify the area either "Unique" or "Other
Important Agricultural Land."
c. Natural Hazards
1. Drainaae
The Federal Emergency Management Agency's Flood
Insurance Rate Map (FIRM) designates the project site to be
located in Zone X, areas outside the 500-year flood plain.
2. Tsunami Hazard
As the site is located over 3 miles from the ocean, it is
located outside of the Civil Defense's Tsunami Evacuation
Zone.
3. Volcanic and EarthQuake Hazards
The United States Geological Survey (USGS) classifies the
area as Lava Flow Hazard Zone 3, on a scale of ascending
risk 9 to 1. The populated area of the City of Hilo is also in
the same zone. There is very little that can be done to
mitigate this situation and reflects an ongoing threat to all
residents and businesses in these areas.
The entire island of Hawaii falls within Earthquake Zone 4,
according to the County Building Code. As such, certain
structural requirements will be needed and taken during the
building permit process to address this seismic hazard.
D. Flora/Fauna
Although there were no professional surveys conducted of the floral
or faunal resources of the site, the applicant does not believe that
rare or endangered floral or faunal resources are likely to be found
within the subject site.
8
The site has been used for sugar cane and limited cattle grazing in
the past. In the areas not associated with the former
slaughterhouse, there is evidence of banana, guava, mango,
Iychee, avocado, orange & lime trees. There are also a large
variety of flowering bushes & trees such as plumeria, root plants
such as ginger (white & yellow) & dry land taro, & hibiscus.
A visual inspection of the site confirmed the presence of most of
these non-native species. Some of these included the African Tulip
(Spathodea campanulata) gunpowder (Trema orientalis), king palm
(Archontophoenix alexandre) and monkey pod (Samanea saman)
banyan trees. The weedy grass included fallow sugar cane as well
as the "California" grass. None of the identified plants are listed on
either considered endangered on either the National or State
registers. Thus, floral impacts should be minimal.
The site is not known to be a habitat for any rare or endangered
animal life. Given its elevation, however, it would be possible to
find the Hawaiian Hawk 1'0) and the Hawaiian Owl (Pueo). Further,
the disturbed and quasi-urban nature of the surrounding areas
would make it less likely to find endangered animal life in the area.
E. Historic/Cultural/Archaeolo~lical Resources
As the site has already been disturbed, an archaeological inventory
survey of the subject site was not performed. When the subject
property was considered for the A-5a rezoning, the State
Department of Land and Natural Resources - Historic Preservation
Division in a letter, dated October 6, 2003, affirmed that "no historic
properties will be affected by the undertaking." (Appendix F)
Furthermore, during the course of improving the site, should any
unanticipated archaeological features or sites be uncovered, work
will cease and the applicant will immediately notify the Planning
Department.
F. Valued Cultural Resources
In view of the recent Hawaii State Supreme Court's "PASH" and
"Ka Pa 'akai 0 Ka 'Aina decisions, the issue relative to native
Hawaiian gathering and fishing rights must be addressed.
Specifically, there must be a discussion of the cultural, historical,
and natural resources and associated tradition and customary
practices of this site.
9
In this situation, the subject site is not adjacent and/or proximate to
the shoreline. As such, gathering of marine life and coastal access
is not an issue.
The applicant neither recalls seeing any native Hawaiians using the
subject or immediate surrounding area in the recent past for the
gathering of plants nor learning ,of any information to that effect
from area residents. In the unlikely event that legitimate gathering
claims are made by native Hawaiians, the applicant intends to
respect and honor such claims and provide the needed access
within the site.
Based on the above, it does not appear that the project would have
any potential adverse impact relative to the cultural and historical
resources of the area.
G. Water and Coastal Resources
The subject site is located well over 3 miles from the coastline. As
such, coastal impacts resulting from discharge of wastewater
systems from the site should not be significant. Further, being a
non-coastal property, no coastal access will be affected.
Wastewater for the proposed brewery will be serviced by an
enhanced septic system meeting with the approval of the State
Department of Health. The system will be enhanced to minimize
potential adverse impact of the existing potable well on the site.
Likewise, the other two lots will be either the standard or enhanced
septic system, in deference to the water wells in the area.
H. Noise, Air Quality, and Dust
The "Slaughterhouse" Road will serve as the main access to this
project. The existing ambient traffic level in this area is quite low.
As such, the corresponding noise level is quite low. With the
completion of this project, the noise level is not anticipated to
increase significantly.
There may, however, be short-term noise impacts associated with
the construction of the on-site infrastructure (such as drainage,
water and road systems) for the proposed brewery. Contractors
will be required to comply with appropriate noise and related
mitigation measures of the State Department of Health.
The proposed development should not generate any direct air
quality impacts. The facility will be designed and constructed to
10
meet with appropriate State and National air quality or emission
standards. Then, too, impacts associated with vehicular traffic to
and from the site should not be significant. Given the prevailing
tradewinds, projected low volume of traffic, and higher EPA
standards for automobile air emissions, the air quality impact
should thus not be significant.
As such, with the exception of construction dust in the beginning,
long term dust generated by the project should be minimal.
However, construction dust (like construction noise) will have to
comply with the State Department of Health's regulations.
I. Scenic and Visual Considerations
In the Natural Beauty element of the General Plan, there are sites
or areas listed as being a scenic resource. The subject site is not
listed as a scenic site. However, there were a few examples cited
in the Hilo and/or Puna areas. The most notable are the views of
Mauna Kea and Mauna Loa.
The proposed development would not have any visual impacts on
these natural landmarks. The public views of these natural
landmarks occur from the roads, and these roads are located
mauka of the project site.
Then, too, although the property is located makai of the Volcano
Highway, it is more than 1,000 feet from the Highway. Given the
distance, the distance of the shoreline (3 miles) and the intervening
vegetation, the public views of the ocean should not be affected.
VII. SOCIAL AND RELATED CONSIDJ:RA TIONS
A. Surroundina land Uses
Although the subject site and surrounding areas are zoned A-20a,
the land uses are generally rural/agriculturallquasi-industrial in
nature. There are scattered residences within 500 feet of the
subject site. At the same time, there are abandoned sugar cane
fields, as well as industrial-related activities in the form of a papaya
packing plant, a cabinet shop. Within 1,000 feet of the subject site,
there is also the former Puna Sugar Mill (which generates power), a
papaya treatment facility, and macadamia nut processing plant.
Given the existing and zoned conditions, the proposed
development would not be incongruous with the emerging rural-
agricultural pattern of this area.
11
B. Economic ImpactS
The requested zoning would have some measure of economic
impact, as it would enhance the potential for the subject site to be
more intensively utilized as a brewery and associated uses. It is
currently not used agriculturally, with the exception of periodic cattle
grazing. If not used for the brewery project, the lots could still be
used for Family Agricultural activities, such as the raising of some
backyard crops that would have some, albeit marginal, agricultural
economic impact.
Further, there will be some small short-term construction activity
during the development of the project. There will also be some
mid- to long-term impacts relating to the operation and
maintenance of the facilities on the subject site.
As such, with the added tax revenues, the project could have some
positive influence on the island and area's economy.
c. AQriculturallmpacts
As noted earlier, the site has not been intensively used for
agriculture recently. It has been used more for limited cattle
grazing and has been generally vacant. If successful, the project
would create more rural/agriculturallots while making the brewery
more feasible from a land and financial perspective.
However, in the event the Special Permit is not utilized, the
opportunity for some measure of agricultural activities for the lots
would still exist. As such, the rezoning and subsequent subdivision
does not forfeit the potential agricultural use of the site.
VIII. INFRASTRUCTURE CONSIDERATIONS
A. Road
Access to the project from the Highway would initially be from the
Keaau-Pahoa Bypass onto a frontage road. This frontage road was
formerly the Old Volcano Highway. This Highway then winds its
way to "Slaughterhouse Road", about one mile from the Bypass.
Both the Highway and the Road have a pavement width of 20 feet
within a 50-foot wide right-of-way. The Slaughterhouse Road
begins to taper near the entrance to the subject site. At that point,
the 20-foot wide pavement width continues, as these improvements
were made in conjunction with the initial 2-lot subdivision.
12
The pavement continues to the bottling plant. There is a 25-foot
cross easement on both lots, effectively creating a 50-foot wide
rightof way.
Since the Special Permit was issued, the existing traffic conditions
have improved considerably with the construction of the Keaau -
Pahoa bypass road as well as the realignment of the Old Volcano
Highway, which now serves as a frontage road to this area. At this
time, the bottling company ships product in and out of its plant on a
daily basis. The papaya packing company (Diamond Head Papaya)
located near the entrance to the subject site, also ships finished
product out on a daily basis, as well as receives raw papaya from
many growers in the area. Sihce the opening of the bottling plant
and particularly since the opening of the by-pass, the applicant has
not experienced any traffic problems in this area.
The applicant's projected use will not cause any significant increase
in the projected traffic flow utilizing the existing improved roadways.
It is anticipated that the traffic flow increase will be two to three
additional trucks per day for each of the three components of this
project over an 8 to 10 hour time frame. In addition, on a daily
basis, the applicant anticipates under 10 vehicles will ingress and
egress from each of the three proposed facilities.
B. Water
There is a 6-inch County water line fronting the subject site. This
line will be used to service the proposed lots. It should be noted
that all lots would have access to the existing water well located on
the site of the existing water bottling plant. As such, water for the
proposed subdivision and project would be available.
c. Wastewater
There is no County wastewater system in this area. In that regard,
each user will have an enhanced septic system meeting with the
approval of the Department of Health. This will be constructed by
the applicant or respective operator in conjunction with the
issuance of a building permit for the proposed brewery.
D. Solid Waste
Solid waste will be handled through commercial haulers who will
deposit them in authorized landfill sites.
13
E. Other Government Services
As this area is already part of the Keaau urban area, it is already
being serviced. No extension of government services would be
required. The nearest fire and police stations are located in Keaau,
less than 2 miles away.
In this area, K-12 public schools are available at Keaau, less than 2
miles from the site. County parks are available in Keaau,
Kurtistown, and Hilo.
As such, the project should not result in the extension of any
government services. Further, the required public facilities are
located reasonably proximate to the subject site.
F. Other Utilities
All other utilities such as telephone, cable, and electrical services
are available to the site.
IX. IMPACT SIGNIFICANCE ANALYSIS
A. Relationship Between Local Short-Term Uses of Environment
and Maintenance and Enhancement of Long-Term Productivity
If the request were denied, the short-term use of the site would
probably continue in low level agriculture or lay fallow. The ability
for the applicant to construct or find another suitable developer for
the brewery - and provide an alternative employment base in this
area - would be less possible, as the land for the brewery and
other components of this project would be a little too large and less
financeable.
From a long-term productivity standpoint, then, the proposed 3-lot
subdivision would provide a heightened level of possibility in having
the larid used in a manner consistent with the terms of the Special
Permit. At the same time, if the Special Permit uses are not
implemented, the lots could still be made available for
rural/residential purposes.
B. Irreversible and Irretrievable Commitment of Resources
The subject site is already disturbed. As such, the project should
not result in an irreversible commitment of natural or archaeological
resources.
14
The soil on the parcel has been classified "C" or fair by the Land
Study Bureau, representing fair agricultural potential. This is
evidenced by the former use of the site for sugar cane, as well as
the existing vegetation on the site. However, a Special Permit was
issued for this site, and the requested zoning would enable the
applicant to better implement the Permit as well as create the
potential (in the event the brewery is not developed) up to three
more for potential agricultural and residential uses.
Additionally, the land is not being used agriculturally and is not
classified in the more critical agricultural resource zone of "A" or
"B". Thus, its subdivision and use as a brewery should not
generate significant adverse impact to the area's agricultural
resources.
C. Mitigative Measures
. The applicant intends to make the necessary infrastructure
improvements consistent with the subdivision process. And during
the construction phase of this project, contractors will be obligated
to comply with appropriate State noise and air quality standards.
Should unanticipated archaeological finds be discovered in
conjunction with the development of the site, work will stop (as is
required by the State and County) and clearance secured before
work is resumed.
There is no existing drainage ways on the property. Any and all
required grading or grubbing work will be done in conjunction with
the required permits and/or SCS Agricultural Plan. This is to
assure that the development of this site does not adversely affect
the drainage of surrounding areas.
Finally, there will be no person or businesses to be dislocated by
this project.
D. Alternatives to the Proposed Proiect
1. No Proiect
Under the status quo alternative, the site will continue to
remain in its fallow state or limited agricultural use. It could
also remain a fire hazard, during periods of drought.
15
The site may also not be developed in a manner envisioned
by the Special Permit. In that event, the site would not
provide employment opportunities to area residents.
Given the present mixture of land uses and lot sizes in this
area and proximity to urban areas, the site may not be
utilized to its fullest rural-agricultural potential.
2. Alternative Density
Under this alternative, the applicant could seek a more
intensive zoning, such as FA-1a zoning. All of these zoning
categories would arguably be consistent with the General
Plan LUPAG's designation of Low Density Urban.
Such an approach, however, may not be compatible with the
bottling plant which is more industrial in nature.
3. Evaluation of Alternatives
The project's impacts to the area's social and physical
infrastructure would not appear to be pronounced. Certain
mitigative measures will be taken to address any possible
impacts associated by the development of this project.
Further, the project would be consistent with the land use
objectives sought to be accomplished by the County General
Plan LUPAG map.
In view of the aforementioned, it would appear that none of
the alternatives would be more prudent and beneficial than
the requested FA-2a alternative.
x. REGULATORY ANALYSIS
A. General Plan LUP AG Map
The General Plan provides for the long-range comprehensive
development of the island of Hawaii. It provides direction for
balanced growth in the County.
The County General Plan Land Use Pattern Allocation Guide
(LUPAG) map designates the most of the site Low Density Urban.
This designation is designed to accommodate land uses that are
"(S)ingle family residential in character, ancillary community and
public uses, and convenience type commercial uses."
16
The proposed revision to General Plan does not recommend any
change to this area.
Based on the requested Agriculture (FA-2a) designation, the zoning
would be consistent with the General Plan LUPAG designation, and
no amendments would be required. Such a designation would not
frustrate the long-term low density goal envisioned on the General
Plan. Again, it should be noted that the non residential uses were
approved through a Special Permit and thus created this existing
and potential non-conformity.
B. General Plan Polices
The requested zoning would be consistent with the goals, policies,
and standards of the General Plan document.
For one, it will provide limited short-term and considerable long-
term economic opportunities. In the short-term, there will be
construction work. More importantly, however, longer-term
opportunities would be created largely in the form of the proposed
brewery. In so doing, the resultant project should add revenues to
the County and State coffers.
The project intends to be energy conscious through the use and/or
encouragement of solar energy and design features to take
advantage of wind patterns.
Maintaining and improving the quality of the environment is
important to the success of this project. The General Plan identifies
five (5) areas of environmental concerns - air pollution, water
quality, soil pollution, solid waste disposal, and noise pollution. As
proposed, the project would not be violative of any of those
objectives.
Aside from vehicular transmission, air pollution associated with the
project should be negligible. All wastewater systems would be
consistent with the requirement of the State Department of Health.
An enhanced system is needed to mitigate potential impacts to the
existing well on the site. Given the concern and the DOH's
requirement, any potential groundwater or coastal water impacts
should be minimized.
If required, a solid waste management plan could be prepared and
implemented. The project will also not be a noisy one, except as
may be associated with comparable agricultural operations. Any
noise-generating facility would be carefully placed to minimize their
17
noise impacts to adjoining properties. The agricultural noise
standard will be maintained.
The project area is outside of any floodway. Nonetheless, a
drainage system will be designed in a manner to protect the
property as well as to minimize the volume of surface runoff
generated by t~is development.
The site does not have any known archaeological sites, and the
State Historic Preservation Division concluded that no historic
properties would be affected. The site has been fully improved in
the past. However, if there are any inadvertent finds, work will
cease and resume only after proper clearances from the State
and/or County have been received.
Being partially disturbed and within a quasi rural/urban area, the
prospects of the site serving as a habitat for rare or endangered
plant or animal life appear remote.
As the FA-2a zoning would allow a residence, the project will
indirectly fulfill the objectives of the housing element by creating
additional lot. Again, this would be the fallback option in the event
the brewery and other facilities are not developed.
The Plan also emphasizes that developments be mindful of an
area's natural beauty. In this situation, the project has been 'used in
a manner where it blends with the existing terrain.
As the project site is more than 3 miles from the ocean, the usual
coastal resources concern is not pronounced. There will be no
interference with shoreline access. Then, too, through the use of
septic system or other acceptable form of wastewater system,
impacts to the coastal water will be minimized.
There will be little impact to public facilities. The wastewater
system will be private. The water system will be developed in a
manner meeting with the requirements of the Department of Water
Supply. Road improvements within the site will be constructed by
the applicant. Schools and other public facilities are also located
proximate to the site, most of them being less than 5 miles away.
In terms of the land Use, Economic, and Agricultural elements,
the pertinent goals, policies, and standards of the General Plan
note the following:
18
--
..
. Designate and allocate land uses in appropriate proportions and
mix and in keeping with the social, cultural and physical
environments of the County
. Protect and encourage the intensive utilization of the County's
limited prime agricultural land
. The County shall encourage the development and maintenance
of communities meeting the needs of its residents in balance
with the physical and social environment
. Zoning requests shall be reviewed with respect to General Plan
designation, district goals, regional plans, State Land Use
District, compatibility with adjacent zoned uses, availability of
public services and utilities, access, and public need
. The compatibility of agricultural and non-agricultural uses
should be carefully reviewed and where appropriate, buffers
required
. Rural-style residential-agricultural developments, such as new
small-scale rural communities or extensions of existing rural
communities, shall be encouraged in appropriate locations
. The county shall encourage the development and maintenance
of communities meeting the needs of its residents in balance
with the physical and social environment
. Agricultural land shall be used as one form of open space or
green belt.
. Economic development and improvement shall be in balance
with the physical and social environments of the Island of
Hawaii.
. The County of Hawaii shall strive for diversity and stability in its
economic system.
. The County shall provide an economic environment, which
allows new, expanded, or improved economic opportunities that
are compatible with the County's natural and social
environment.
. The County of Hawaii shall strive for diversification of its
economy by strengthening existing industries and attracting new
endeavors.
19
...
. Industrial activities may be located close to raw materials or key
resources.
In view of the foregoing goals and policies, it is noted that the
requested zoning would be consistent with not only the Extensive
Agriculture and Alternate Urban Area but also the Low Density of
the LUPAG map. It would also be generally compatible with the
surroundinQ area. Although zoned A-5a, there are a number of
lots that are less than 5 acres in the immediate vicinity. There is
also a residential subdivision less than a mile south of the subject
site, and FA-1a zoning of a property less than 1,000 feet to its
north.
Although the soil of the site is classified "C" or fair, it does have
agricultural potential, as evidenced by the past and existing
vegetation on the site. This lot size, while being beneficial to the
applicant, would not compromise the agricultural potential of
surrounding areas.
The property has no severe topographic or geologic problems that
would render the land unusable for the proposed subdivision and
activity .
C. Puna Community Development Plan (COP)
Section 15.1 of the County General Plan called for the development
and eventual County Council adoption of Community Development
Plans. The General Plan states that the COP "will translate the
broad General Plan statements to specific actions as they apply to
specific geographical areas." The General Plan also notes that
should the COP require a General Plan amendment, it could be
considered concurrent with the adoption of the COP. However, "If
there is a direct conflict between the Community Development Plan
and the General Plan, the General Plan shall be controllinQ."
(emphasis added)
Pursuant to the above, the Puna COP was developed and adopted
by the County Council on August 27,2008.
The COP established three (3) major themes:
. Malama I Ka 'Aina which "establishes how the contextual
natural, historic and cultural features of Puna should be
preserved." (emphasis added)
20
. Growth Manaqement which "addresses how the future
pattern.of human settlement and land use should be shaped
to respect that context and support the desired quality of life
for Puna's residents." (emphasis added)
. Transportation which ''focuses on sustainable approaches to
transportation to support the goals of the two above themes."
Relative to the Malama I Ka 'Aina theme, four (4) major elements
were identified and assigned goals, objectives, and actions. These
elements and their relationship to the proposed action follow:
1. Historic, Cultural. and Scenic Resources
As noted earlier, the site - as confirmed by the State Historic
Preservation Division - does not have any historic properties
that would be affected by this proposed action. Furthermore,
neither the General Plan nor the Community Development Plan
identified any scenic or cultural resources on or proximate to the
subject site.
2. Native Forests and Geoloqical Features
Given the location of the property and the geological condition
of the site, the goals and objectives of this element would not be
applicable to the proposed project.
3. AQuifers, Coastal Waters and Storm waters
The project site is proximate to potable wells in this area.
Accordingly, the level of wastewater system to be utilized will be
an enhanced septic or aerobic system for the proposed brewery
and other facilities. These systems are needed to assure
adequate protection of the wells in this area.
All storm water generated by the project would be retained on
site through a system of drywells, if required for the subdivision.
These drywells will require the approval of the State Department
of Health and through the NPDES permitting system, the
objective of not only storm water containment but protection of
groundwater will be fulfilled.
Given the above, combined with the fact that the property is
over seven (7) miles from the ocean, the goals and objectives of
this element would be fulfilled.
21
...
4. Shoreline Area
As the site is not a shoreline or coastal property, this element is
not applicable.
The other theme is Manaqinq Growth. For this, six (6) elements
were identified. These elements and their relationship to the
project follow.
1. Land Use Pattern
One of the goals calls for the retention of the rural character of
this area. Given the proposed 2+ acre sized lots and Family
- Agricultural zoning, that character would be maintained. At the
same time, another goal calls for expansion of economic
opportunity. The proposed brewery and related facilities would
provide such an opportunity.
Notwithstanding the above, the General Plan LUPAG map
designates this area for Low Density Urban. The proposed
Family Agricultural zoning with its 2-acre sized lots would hence
implement not only this but also the goals of the COP. It should
be noted that the requested zoning is intended to help
implement the Special Permit; yet if the uses envisioned by the
Special Permit do not materialize, the lots can be used for
Family Agricultural purposes, which would be in line with the
Plan.
2. Aqriculture and Economic Development
The subject site, while zoned Agriculture, has not been used
intensive agriculture for nearly 50 years. Instead, it has been
left fallow. Nevertheless, the smaller lots - it the brewery and
related uses do not materialize - would enable small scale and
backyard type of farming and other diversified agricultural
opportunities. As such, the proposed rezoning should not have
an adverse impact on the agriculture industry.
3. Social Services and Housinq
As this is not a housing project per se, this section is not really
applicable. Indirectly, however, by providing the potential for
additional lots to be used for Family-Agricultural purposes, there
is potential for an increase in the inventory of lots in this area
and that could help, in a small way, the housing situation.
22
At the same time, by making the proposed brewery and related
facilities more feasible with the smaller lots- should the brewery
develop -, there would be greater employment opportunities in
an area that would be proximate to Keaau and the immediately
surrounding area. That would help reduce commuting time and
expenses. In that regard, it could afford employees and
employers to devote more time to their families and the
community.
4. Public Safety and Sanitation Services
The subject site is located in an area where basic infrastructure
is available. Public cost to extend these needed infrastructures
would thus be minimal, if at all.
5. Parks and Recreation
This section is not really applicable, as the project would have
no direct impacts on parks. Nonetheless, there are existing
park facilities in the village of Kea'au. Furthermore, the site is
not listed for any future trails or park related uses.
6. Enerqy Sustainabilitv
The applicant intends to utilize solar and photovoltaic system to
help with some of its power needs for the proposed brewery and
related facilities. Other means to reduce dependency on the
conventional fuel source is being explored. Additionally, the
structures would be renovated to take advantage of wind and
sun patterns for both heating and cooling.
The third theme is Transportation. This theme consists of five (5)
elements, and their relationship to the project follows.
1. Traffic Demand Manaqement
The project's location would help reduce the flow of both
potential workers for the proposed brewery and related facilities
as well as residents requiring certain services from traveling
outside of the district. In that regard, it would definitely fulfill two
of the major objectives of this theme.
For the brewery, the operator intends to encourage its
employees to consider car-pooling to the extent feasible.
23
2. Mass Transit
This element is not really applicable. Furthermore, unlike other
areas, it would not be feasible to have bus stops at this site,
given its location away from major transit routes.
3. Roadway Network
Likewise, the objectives and policies of this element are not
directly pertinent to the project.
4. Hiohways
None of the objectives or goals is applicable to this project. The
project does not front any of the major highways and the
projected volume of traffic is negligible.
5. Non-Motorized Travel and Scenic Bvways
The subject site is not part of any proposed ~on-motorized
travel area, such as a bikeway. There are also no known trails
within the subject site. Accordingly, the project would not be
incongruous with this element.
Based on the above, it is concluded that the project is consistent
with the Puna CDP as well as the GP LUPAG map.
D. Zonina and Subdivision
The designated zoning of the site is A-5a. Should the FA-2a zoning
be approved, the requirements of the zoning and subdivision codes
would be complied, including use (including the Special Permit) and
related development standards.
E. State land Use Aaricultural Standards
As the requested lots will be more than 1-acre, the request would
not in principle violate the minimum lot size standards of the State
Land Use law. All of the applicable use guidelines of said law
would be adhered to.
24
,
06~09/200J 16:10 FAX
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:', '>'".: ....:f-!!:i;.1!"..'eZ,{L199:a jV:'JvP:fr.$di:,tQ'!.";;}1?,.p:t01!i~ ~rH;.:Ci~al' PeJ:tpi1:: . No. a42,.toe5~ab1..,i,sh. a.'
",", bl:ewe~Yl wai::gr and so:ctdr.,inlc. bpttl~ng fll.cJ,.lJ.ty and ralat~4 ", .
'improVa*~n-~snidt:,..eiPP::r:P~;.iJt\,~t~+:y,.:~.~.,!:5:..a.~:t::'!;!.a o~ .land in t:he stilt,:;e, L~nij..
. Use. 'Agr1ca~tura:rtiist:?:Ic''C~'''''T:fi.e'' .P.'J:;ahhing commiss.ionald6 vot:~d too,. .
:J,,'n:uiilt'Y:""$p'~Qtt'a!l;:.. perm.ltrfq. 450 'Which allowed .the ~sta~lish-nft~l1t:>or';,:a .
slttught4i.rn~~:g,iT).ai: this sit.s. The s i:bc. 1'1101 ud,esthe former. :M:i;kb.Meat>.
$l;au9'J;i.tet'iio~~&'whi'8n."ii:~:, tbd~t~d\E,tppro~ilriateiy. 650 f'eeteasit..:of'the .....
stau9hterh6ttS:'e}j:RCiad":"::V91.:qattoNli:i9h).j~;:'i'.;i;nif:ersec::t:;ion Keaau,. puna rff;:rw~j,j,r:
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Approval or thi~'. ra;q&~~;ir\i'~~ b:a:S~d' on the f'ollowi.nt;t:
:.>."~Tqe gtarrf:'fri~:'\8:frt:h:tt!i!:;~p'~dia.l p~:t~it will p1:0111ote .the . .
. Ei!f,;C;e6e;ivcness~na..:"o:p;Jecti\l'es Df: Chat;>ter205, HaTilta.ii R~vis~
$'t.~~ut:e8.l a~ i1;mende~. The state x,and t;J:;::~ t6.w Rl.d,e~ and
RE:9U.j:at;i:ohs,:;:ara':':i:nt\ih~'lilIct';tq:'p:reserver J;l:t"o'!::eot 1 . atld enoourage' the
d~d'e.lopm~ttt ot :!,.i;'q;~;~::;'J;n:'t~~~:':Rt?t~ .fO,r tho$e' uses to w.l1.tQhth~y'
a;t'~'be's:t.(st1:r'Ced in the' inters~t of' th~ p'Q'/::JliC! health ahd welfare
of the people 'o;:..t4,~,:pt~1:E:!o:f'..Ifawaii.
. . .. '''no .._ ;..... :' I_ A."~. . .
;"',:rnct'hs casa'qf" the .i\grf6ulttlr'ill districts,. the int~nt .of'
~h~'-:Sta-te<rLand Use. L1:lW R,uJ.eSi and Re.gulntions is to prese::rv~ or
keep'lands of h;i.gl1 ~g1;";ttlultural potential in agricultur-a1 uset
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Exhibit A
.
06/09/Z003 16~10 FAX,
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~. Marcus Behde~/ President
aU,ve' 7, , 1993
pags 2
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.. ., . 'i"h~ . land on whiQh "the proposed 1JS~, ,l~'i.';t.6t~E~$:::'j?~".'t;Tisu~b;;d
;E6~a'ljt<ic::uii:.ura).- uses. SC'>ils wit.hin ttte'"<~~fiti~~.t:~i;~'~i;~'~:c,J;assified
as nather Important 1;.g);"il;:llrll1:.ur-allJandl1 according .to tih~ALr,g:a-
. map sYGt'fl1\ and up" 9l'" "poo):"( by tha Lrmq study 'BureaU for
agJ;"i~u+.-e~~al }?;I;"oduct.iv,ity. While. soil~ 'I.T,i;t;hin the proj ect sit:El
ax:.e fa;lrl;Y, ,suital?l~. fpr .,ag:r~i~j.tl.tural uses, the pro~o~ed br~we::?
and bqtt;:l:Lt:'t;1 operi:1t.1o~ W~'}l:'f""foJ;- t.he. most;. pa~ t;.~\J;b..1J.~ec:-e,:dst;1.!1g
str)Jg.f;l'l:F~ >which. w~ra. OqJ,~:t;:;, in 1943. Sevet"al proposed addi,tions
,-eo 1:h'e. .e~;Lating sl6.U9hterhtluse and il{Ej:'1:ahOUSB complexes il1dliide
"#:it~~~,g~~f;;/~~~~i6e~B~~.~~:~~~~1u.~~~:i~~j~~~~~rs~~l.~g~g~ ~ld~tig.
. "T1i~::;.f= i~l?:r;oV$ments yli~,l;:":pl;3~ .1'o;9.!J{~~~;t'w!"~!iJ:'t!,~:tlr~~,prb'j'ect. SJ, te, .
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','~:raughtet"houseope:r:atJ;ons'.""" Theri:rf'ore, it J,;S anticipated thai:,
~~he~,p*o~Q:~~g l,l~e yi:~l.,poi;~,~~X~p',sely impact tl:1e.a9rJ~~lt}l:r;al. ~~nd
'. J,nv~~j~or-YWJ;th;Ln t.l:t~ Cb'QrltY"'~o'f"' fIalolet.ii and m)'t b$oont:r::'a~y to the
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11a qra.. 'an "so:c-a;a_".(.~""':J.ronln!;m''t;.'.''''''''''' .-' ", ",... .".- ,'" ", .
." .," ~:""~h'Q" ()D~ht~"~h;~i~)..~~~$~~~.4~r~'b~i~~~jl~~~;~;~'j~:!':~~~:',:'~ts' .
.econo:mY by. 8'G.~el1srt;h,~n.ing. e?tistJ.pg ind.u.?tl:';i;f;!~.~ai1jj.
attracting" new '.en<;li~vori1f:t1'H;!t'rt .,J,s bQ$,c:~' :(:l;; -;-;;.,",:, .c.' .
.:. '. ,. . ...'.: ~he:'appt:oval of t.',~is.'. '~re, qti.e,s,'.€l';w.,:Bri,':J.. d";:<aJ.~,;~:~):,e::"i::,'~~'ri~,"'is. tent with
, '< . .....>'.".::;" ,th$' Lana Ope policy ~f-the:;:Geria:J!n"1 ;PTan:'::w.:W1:a'lV,\sba-uesf:.'. '
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and l?hYS.Lcal envirQ;n'll1E!fi€~' o~.' the'-: cb'unty-'." "
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I'11.dustria.l deVe~Op1n.~lltshall Pfi!, ).oqa,teq "in areas
ac;1~~ftt~ly s6rved'o:l ,tttHf~I::i6iea'f:iJ[6rt,J)u~j;~-ftltiE;' and
bthe~ ameni tii~'~"~>" .< :?\ jl~~;~:;,:~:;!}~~: ,.~~~':~:~?: ;..::. .:.."'.:, ,~. '" " ,
Ihdust~~al development shall ~ai~t~in 'or i~prove the
qu~lity of the present ~nvironmantc
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Mr. M~rOU5 Bender, prasident
~ "June 7 t 1993
~ page 3
w Inauatria~aqtiviti~s'rnay be locatQ~ Qlose to raw
ma~eri~ls or. key ~~sour~~~.
~ ~uffa~ Zdnes shall be ~stabli~hed p~twe~.n indu~trial
and adjacent noncampatible, uses of la'I1;Cl. '! .
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1\.lthoUg'h industria.). L:n nature', approVal"of~hT~' r~g:Uest at
thi~ ~a~ticular location would also allow for, o~p~~ ~KP~nded
'. ~se.~. of the brewery that may l?e open to th,e Ptlb~':i.,q.. ,~ore' .
" :, Ep~c:~4~is=&ily, tOllrs of ,the 1)!:'op~aedb1!'~~et'y op~r'~p'.i,b(l,S w;i,~l: b~
'ln~q?<; iiyidl~bh~ to thep'I.lb1;i.c. 'J;'he beer. .~!:,!:nut'a.,ctq~:;i>ii'~t:prO;aB'$s:,'::' . . .
satI:p'~~s :q:f'~eBr atld 'l''''s:h~:t:t sal~~ \>f,t~1 'h.s ~i1t?e' aV~~J.;~bJ,\~'" ai;:'th~': .
,!?ljopos~d vi~i for' ,dent.eri . '. '. . :. !,.:<<,..,>" ,~;:l::'. ,".'.:, ""
: . }', " ' '~ .
. '.' .' rrh'e' ,~roPQged use ~ \l{ill not hav.s any i~gnl;f.lc~n~:, ,~~v.F1:r~rr:
e.ffe,cts . on the 5urrout1;llng pro-peJ;'t:-i~s. . 'I'h~p:ri:?l?~o..ft~:~' -~S.~illll.-l;L ',"
, ".' Qqpti~Y:I:/f~r,:th~ most P:ar.t:r."stI;!lctU.~€lS ~Qrn:a:l;~yut::4);,;;L~,~~,~~ ,a., i.' .'
" ,.~ta.9-gJt~~~,~;ouS17~. ~l'H~X1rop~f;Qd. UI';I;1"",i11. l)1herer.rt:.J~y.';:';'be,;t~~S+ ,. .. .
,...;;~ifiE~t~~i~~~Stlf~~~~[~;:i~:i~~i~;~:i!;~i~~~~(t1~~~t~;~~'. .
, viciJ~1 1::y"pftl?ra proJeet -sJ,;'te~" iTJ.c:I.u<1il1~ ak~J11 d't2t!!l. p.~.(:jc€!ssin'1' '
'.' ,"fa,~IJ,.,i~Y:".m~cEi\,d.I':\~~f\.'n~tdr.y!.;~g~11.dl?~6,~i?~$i.f!(l<P1.~t+~);..!!L:n,d!1':, ' !: . .
,.... .. - ....- :'''--c~~~~:~~t~::~t~~~;:~rri~'~;;;~E~~~:~:~~i~,'~~h:"",'.:~~~~i2,'~~.,~:i;::.;~'i:~~':
" ,~,:t,!.9-..E!~~~~~.:. :;ha.t.th~}fi:fopo::n3'd' use :'W:l.ll.natg~ner,I:J.::!:~:: j3.ny"' adw;:rs.t:' ,.
.iz?pi:'P:t-~.~o. surrouhdin.f{:t?J::aP~f'tJ.~'fS'" l-V:lo/.~y~r:,; 'Jct':;e~~~~~~r:h:f?~'" c". :,/., ,;
.mJ.};~gE'!:t:lon. (if any 'i;\d:v(t:.:;-s~, 'I(l,:sual. o;-nq1.se l)J1Pf:\.ct,~:':;WIri-ch:",nt~Y',R'? .
,'g~rt~tait:~dr ""~Pl?ropt'iate' li,1n(J$G~ping and.: P4vea',a,e,c;e~~;~::rid~j)!,1-:~:kft1g,
."a-f~aa.'is' ~e.c,?mi11endeq.. .oa,or gerv~~ated,p:y', th~;p.rdpqs~~,;~s.:~:"J.!:r".':,: ':;
"'~n~.tglp,~ted>t.() p~ r\~ijligf~):~, e~p(:tcia,11'Y \-?he'n',oo.nipa::red.t;~"'6d:6r;g
wl1!cjh:)rt?y haV8' beeii ge.rieratE!':dbY' tne forme.r~l~l,;lgJ;:it~tli9U$~' " :,:>".
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Tl1e proposed use will not ~ub~tant1i31)'y i'ii bi~ . o:t' . ~riahge the
8$.sehtial .character of the land and the present :U.Sii:l,,"}r~r,:;,";,':,
,prev i,qu.e1Y ment i ohed , th ~ f'61:')'ltE!l:"S 4.a~gh tarho~s. ~ 'o1?e:r: ati ori' .:hiad ,: '.- '
bel?r1 irie.XJEd::;l2IiC~ in eXQGSf:; of 40 years;, The i;lpplioantinuenas
to ~t.iJ.:,lze, 'ear the mostptii't, e.xis~.:i.ng sti:"ucbil,"es'::t:ij~' hQt;l$:l:t'i:!:s,
brew~ty' and 'bott;l,i:ng op~;ttaticms. Due to col1ce:~na ;e"~ressed;:
r~9'a~c'{inqt~e operation. of the ,pj-:QPQ~l;!d visitor I!sstiru:it.'idn'"
ce:nte!', . it is''l;''€'icommsnded that thB Plal1i'1in9 pepartmgnt',.;:r..I:ii~t~sess
thepr~pof3ed, V'i$'it~r dest~J:1a~ion c;:enbe~ use 3 ye.at'Ei', from'the .
d~ta of is,suanqe of acertiL'ioate. of oooupanoy fbi~t.l1i.;l. '.Vls;i.t6'i:'
destination o.ente:t" use to ensure its Qonti:nl.icd co;i'1t'brmB'nce,wi-bh
theoriqina1 intentandpui::'posa fer granting of this Sp'odia.l
;J?ermit.
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~~. Marcus aande~1 President
June 7, 1993
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The proposed use wi~l not unreasQnQbly burdan~uhli~
agetteies '1:.0 );It:'ovida roads' ahd str~~tSt :;;eWet"R, wateri" drainage...
sc40ql im~rOVefuQh~s, police .ana tire proteotion. Wastewater
d1~posalwiik be 'acoommodated ~ithin individ~alwastewater
tr8atmBn~ eY5tem(~). Th~ Department of Health w~~l ~nforoe
waste~~t~r d~spas~l regulations. county wate~ ~s available to
the subject prQP.e-rty, whioh will be, auppl'ement~d Py' an' existing
wel;!.. othar eSJ:!:enti.f\l utilities and servic.es, arbjl or will. be .
made ~vaiiab).e.+ . At:-~~:;1s ~J;'?,m. .t::~,~ Volcan~ Hi~~W'ay. ~i:9~,t.~9'e . ;road V
. t() t;ha Bubja?'~ prope't"ty. w1;I.+, };;t~' :via . sla\.]9h-ee:~"ho'lme,.~of:\ClI. a
private :roadw~y h~V'ib~ <:1.. pav~rr;~~~. w1dthot: .~Pl?l:"o}Ci~ai:.~ly'.,.~O.J~~t .
.w,ithiJ'r an .a,ppro.):ima,t~J.Y'. ,:4$~foo.'t:J;j,gh:t:"'bf-Way .wi.:th.._:~,~~gJ~t_..wJ._<I_~ ....., .
gtav.el ~houlders:~ From,SlilQqhi;.e.rhouBe ROfld;'aCi:h~$S'€h,~ri . ' :
prodeea~'-:"ovar'-a Pt'~vatciroad'Way stub owned by W~H~ Shipman)' !nc j
'l'h~8 .ro~dweY'a'tub, . \ih.~chproV"ldf'lS . B:(;oe.et~ . t()-the', *~~au 'Kim Chee
fac1lityan,Cl .the prtn aot ~lta,: has a, paVe1'!le.l'\t:.. w,1dthof '
appt'Qxlina.te;ty!3 to :u:i feet ,within ,a .SO.:..foon ,rigllt:~of-way. '
coneet'ns regardih!i:1 . the ,adegt1~01ofthis' rOclq~~:y st:,lj,b:,. 1;.Q'. '. .
aoi;l.ommodate tqs. prpposed :llSe W'cre3ra.:ised by.: sUr1;'o\lYid.1 hr;f property.
own~r,6.,a1:, the P;J..anrd.n~: qc::i(1!b1i~sJ:onl s. ~pri;r.. lS", l~Q;l rn'?~ting on
the . s~bject appliciati911,f. . At::l.lllsequen:tt. nieeti~qW'iththege' .
i"mdowners r 'tne 'applioant, ~.and affectaq~noi'e~r' rep~egeni:ative8
~esult~d ~n the. c:Lar;fioa,tii:)t\ 0; the' proposed projt;l.c:1; .and. .
._ _""tl~f.in_il:19'___of-5pecif-icLmi-eig:~-ti-v$~m,g,aBure.g,.:-,--,-~...:.:.;H~"-:-;"__~:.o::_ - -...:.-.~,---- _.,-- - - -- -----, - -.
_._____,0 .ti;J.~US_~_~-!1n.--QQ,.a(LQi~-~n.j;,,~'j12o,ri.~-'-the " Vold~_~_,liigh~ay--':'t'J;.Qnt-aste-
road '. found thE\t. 5iuoh q091d~rrt.:io' pocu~ o:urlnlj. ni9ht~f whsTl '. . .
Vi6i~ility ir;;/ low- '':!:'he\reforeiit- ~~~ecGmm~nded'. that. the hOUl;".'>:
of op:erat.i,on.o.1' the.pr9PO$ie.d br~w~rYlpot;t:liIl'g/ yi'sft;or cen~er .
o'peJ;'i'i ti ons bE:! ,J, ilil i ted to ,tne.l1oUt1S t.t;om 7:00 ',8.:rri: . 'to' 6, t 3 Q, p. lU. , .
daily. As with other, regl.lests .fQt Spl:!oial perml'ts:-which "are
nnn~re$identia~/pop~ag~ioultu~~~ 'in nature/the:applicant 5hal~
~n\p:t'Qvl;t,the private':r'q~dw4YS~UP w,ith a.miilimum pa,vemen.t.~.idth.,
wh~ch w~u:J.d allow fortw'o---wny trE;tffit:!, .in a mariner meeting lA!'J.th
the ap~J!"oval or the Depa.~tment of J?Ublic W'o:r-ks." si:rice lTI()st of
thB ca~cerns regarding tra~fic revolv~d aroun~ ~~~ p~QPQsed
vi.~itol" C!errte'r ope~ations,';itj:: us:.t::!:, wi 1'1 . ~e limit~d t.o
d~monstration5 .of the be~r manUfacturing process I sampling of
De~rJ th~ ~~~ail Bale of r~iated'memorabilia, ~n~ a seating
cnpacity not to €x-qaet;'! 250 p~r;>pl8. .
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unusual condii:ionsr trends andne.e.de; h~ve etr:lsen since the
q~st~ict bdUhd~rieg and regulations We~e established~
Agrioultura~ ~ctiviti~s has. wit~essed a decline ove~ they~~r5,
.most evidently with the a16s~nq 6fEn~akua $ugar cofupany. .
Ranching ac~ivities have also t~o~~ similar economic deoline.
Oiv~r~~fioation of the ialandls economy has be~n ~oUgh~ ~s a
bUff~r aqains~ the coneinual deolirte of ~e ~grieultural
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Mr. Marcus Sender, ~resident
wune 7r l~93
paga 5
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inctustry. The applicant wi~bes .to uti~ize water from a~
existing on-site w~ll ~or its brew~ng and wat~~/~oft.drink
operations. w~ile not agriculture in tbe usualsensBr ~e
p~oposed use wil~ utiliz~ an on-eit~ resou~ce for e06no~~o
purposes.
Approval of this request is supj~ot to th~ following conditions:
1. The ap~licantt successorS or assigns sha11 be rssponsibl~
for complying with all of the stated conditions of
app;r:ava L
2. ~he app~ic~ntl its 8Uoces~o~~ or assign~ gh~ll indemnify
and hold the CQunty of H~~a11 and owners of Blnu9ht~rhousa
~oad. (TMK: 1-6-:"'-lAlI22) hal:"mles5 fr6mand.againstany less,
.1:Lab.i:J.i;ty. cJ,.aim or detnand fo-rthl,'il. pl:'opertly' dam.:l\Je;
personalinjur1 and ct~.ath. arising' out. Q:f any acitQr.
.omission of the applicant,' its ~I.\QO~s$Jo;trs. or af!s.ic;InSj
ctficer~, employee$; ~ontractorG and agant6.unde~this
Ve:rmit oi" 'J;"ela-cing t.o Qr connected with the gra.nt.ing of
thi~ permit. ' .
3. cot\eoliaa.tion and reEll\lb~ivis:i,oriof th~ ;<;ni.bj~ct: Pl':>pperl:.ies
al1a.1.1 pa obtain'i!=d p:rior to FihalPlzm Al?prov1;il. . ..
',.
4. ltina,l Plan J\..pprovalof. tne.,breWa:ry tind battling fa~;i,lfty
'sh~11 pe secureCl.. frpm the.l?lanning. .DEip~:r.'tmet1t. . p:).ans shall
i~entify eK1stitJg' ~nd. prt>posed ~tructur:~s/. p8veCl (qancrete
o:t' ~sphalt-concrBte.} driveway and p~;t"k;i1ig area-s assoc~ated
wi th tqe proposed use.j '~P1?I'opriatB: lo:ndsoalJ.:i;n9sha1l be d
l'rov~de~ for. the purpose ci1: miti9'atin9 any. noisa. and.vistia..l.
iEpacts which mqY be9~n~ratea by the tac~lity.
5. Construction/renovation or the pr6po~ed brewe~y and
b.ott~.i.nt1 faeilit,y ~ni:l~e.lated.improY~1J'lentp Pihal1 l::!e
com~let?d. ~nd a oertifioate of OOOU~ahQY is~~ed within rive
year$ f~Oln the: ef.fect.ive date of i::h~a speoial Permit.
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6. Access to the ~ubject prop~rty shall meet with the approVal
of the Oeparbnent'of.publ"ic Work!!.. The f?1Pplicaht shall .
provide pavem~nt improvements within the ent~rB l~ngth of
tl1.a roarjw~y !Stub (TMK~ 1"";6-141.: 24) in a lnanner meeting
1\rl th ,th~ a}ppl:;Qval. 0'[ the I?eJ?artmeJl't Of PUbli~ WorkS, pt"ior
. to thei~s~~noe of a Oe~~~f~o~te of ocaupahcy ~or the
propo~~d development. :
7. The vi~ito~ destination cente~ operatiOhS shall ~~ limited
to tb~ nour~ fro~ 7:00 a.m. tQ S;30 p.m.~ daily.
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M~I g~rcus Bender, P~esident
June' 7, 1;t~3
page. 6
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s. ~he visitor destihation center shall be limitea to
demonstrations of;' b~(l:r :maflufaot.u~in.g, beer sampli:n9 and the
ret&!l Eale of related memorabilia. S~atinq capaoLty of
tbe Q~~tar shall not Q~oBed 250 peO~le.
~. Phe planning Department shall reassess ~ha visito~
de~tination c~nt~r operat1~ns for continued confor~ahDe
a~~ina~ the erigina1 intent and purpose ~qr 9rantifiq the
~pecipl ~ermit three (3). yeats from date of issuance o~ a
certif1cateof oc::cupandY fot the v;Lsieor dii\st:ination
center. AS may be requested ~y the P~~hnin~,Di~a.atorl the,
appliaant 5h~1J. provide 21.1:1.. available informat..ion ne:oesai:lry
for the prop!?:!:' ~ssessment of ths visitor tj~hter operattons,
Which sha12 inclu4e a.detailGd aCCouht of all eomplaints
r~ceived py the applioant an~ ~ts dispositiQn, .vigitor
count/'ll, ei.nr:.'l other relevant information. $pould 'the.
Direotor fihd th~ yisito~ de~ttnationoehter op~ration not
within the o~iq1nal intent. for gr~nting tneS~eci~1 parmit,
the matter $h~llbe,. J:>roug'ht aefore the.Pliimning Co)ltmis~io:o
fo~ redonsid6ra~iqn~ . . ..'
10. Th~ appl~o~n.t shall co~ply~ith app~icabls ~aws; ~u~~~and
r6gulan~cns of t~a atte.cted a~enoiest in~luding ~hqse of
. t~e D~partmant of Health apdthg'DGpa~tmeht of 'LiqUor
OOht~ol. .
11.. upon. coJ'nplianoe w;U:.h' ~11acmdit16hS of apprClval, iv
conjunotion with t.ne. applicatiQnfor i:lce;J;"t.i:eicateof
o09upancy ~nd~ri~~to the open~nq of the.brew~rY/th~
applicant sha~l Rypm~t a final status r~po~tF ih writ~ng,
tq the planning Department. . .
1.2. An e.xtemdon o~ time'!! for the par1"orrnq.no~ ~t:, cond.iti.ons
withJn the permit may be gr~nted. by th~Planni~~ Pir~Gtor
upontl1e following oirtiU1nstaflces: 1) tha l1q.n"'perto~mo.rice is
tht=-. r$~u1.t. Dr. oondit.ions' that CQul<l net have' been' 'foreseen
or are beyom;:tthe aontJ:"ol of the appllcaht, J;luccessors.,or
aB6iqn~ ~nct th~t are:no~ th~ result o~ the~~ fau~t 6r .
nesr;J.igenctia; p). 9lianting of" the time extension would 'nt;it be
contrary ~q the Generai flan or ~oning Ooqe; 0) grahting of
th~ time ext~n~ion ~ould not pe c6htr~ry to tneoriqinal .
.reasons for t~~ ~nting of the p~r~i~; a~d d) the'ti~~
~xtensiQn granted shall p~ for Q period not to e~Oeed the
parioc1 o't"igini;tlly grant;ed for perfOl"rnanoe (i'. e.. , 'a ..
cQnditio~ to be perform~~ within one year may be extended
for up to on~ adqitional year). Further, 8~opld ~nY of the
conditions hOC pe mee or gubs~anti~lly complie~ with in a
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~~~ MakQU~ Bend~rr P~e5ident
Jqpe 7. 1993
Fag61 7
tima~y fashion, the D~~ector ~hal1 initiate proCedUres to
revok~ thi$ ~~rmit.
Thi$ approva~ does nO~1 howevarl sanction the speoific plans
submlt~Bd ~ith the ap'p~iQ~t~on as they m~y besubjed~ to change given
specific code a~d regula~o~y re~irement5of the affeot2d agencies.
Should you have. ~ny questic~Si p~caae~eel free to contact Rodn~y
~~kanQ or Dar~ Arai of the P~Bnninq Department ~t 9$1-~~a8.
s im~erely I
P4~pt(ct/i-:'<L,t.t,'
Donald .L. Mana 111.i, Chairman.
Ph&nnin9 commission
'; fu<N: jdk.
lJl!awaiOa~rl:!
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( .. .xc::~ Hr>uorabl.e Stephen K. 'lZlIntlshira, M~yct'
P~a~nin~ ~i~eqt9r
Mr. Ernest Matsu~ura
nep~rtment of.publid Works
I;)e;part.meni;: of w"ter ~upp)..y .
co~~ty ~e~lProperty r~~ Division
stat~ Land V~~ co~~ission
p;tan ApproVal seotion
$PP 450
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Harry Kim
Mayor
County of Hawaii
PLANNING COMMISSION
101 Pauahi Street, Suite 3 . Hila, Hawaii 96720-3043
(808) 961-8288 · Fax (808) 961-8742
December 16~ 2003
:MI. Sidney Fuke
100 Pauahi Street, Suite 212
Hilo, HI 96720
DeaLMr1uke'
Amendmentto Special Permit No. 842
Applicant: Hawaii Brewery Development Co., Inc.
Request: Time Extension to Conci.itibIi.5 (Construction Timetable)
Tax Map Key: 1-6-141:1 .
The Planning Commission at its duly held public hearing on November 21~ 2003, voted to.
approve the abcwe-referenced requ~s:t fot a tim~ ~xtensiori to ConditionNo~ '5 (constn,lcti6~ .
tiiuetable) of SpecialPealnit No. 842, which allowed the development of a brewery ~d bottling"
facility on 14.587 acres ,ofland situated within the State Land Use Agricultural District. The
property, which inchides the Hawaiian Natural Water Co., Inc.' s water bottling facility?, ~s located
along the. old "Slaughter House Road", approximately 700 feet east ofthe.Highway 11, Keaau,
Puna, Hawaii.
Approval of this request is based on the following:
The applicant is requesting an amendment to Condition No.5 (completion of
construction/renovation of proposed brewery and bottling facility and related
improvements) of Special Permit No. 842 to allow for a five year time extension to
commence and complete construction of the brewery.
Speqial Permit No. 842 was approved on May 27, 1993, to establish a brewery, .
water and soft drink bottling facility and rel~ted improvements on approximately 14.5
acres ofland in the State Land Use Agricultural District. Condition No.5 stated
"construction/renovation of the proposed brewery and bottling facility and related
improvements shall be completed and a certificate of occupancy issued witbii:::t five yeats
from the effective date oftbis Special Permit." Although the water bottling facility was
constructed within the five-year period, the brewery and visitor center has not.
Exhibit B
.
. -
- ,
:Mr. Sidney Fuke
Page 2
The non-performance is the result of conditions that could not have been foreseen
or are beyond the control ofthe applicant, successors or assigns, and that are not the result
of their fault or negligence. The applicant had begun the operation by building the water
bottling facility. The cost in constructing and maintaining the operation of the water
bottling facility took all the monetary resources available to the applicant. The water
bottling facility was constructed within the five-year period as required by Condition
No.5, but because of financial constraints the applicant has not been able to construct the
brewery and visitor center. The applicant is in a better financial position to commence
with the construction of the brewery at this time. The applicant is requesting a five-year
time extension to complete construction of the brewery and visitor center.
Granting of the time extension would not be contrary to the General Plan or
Zoning Code. Since the Special Permit was approved in 1993, there have been no
changes that would prevent the time extension from being approved. Conditions of
approval would require the applicant construct all improvements consistent with the
prevailing Zoning Code standards, such as setback, height, parking, and landscaping.
Although there have been changes to the Zoning Code since 1993, these changes
would not prevent this Special Permit amendment from being approved. .
. ,
Granting of the time extension would not be contrary to the original reasons for
the granting of the permit. In approving the Spycial Permit, the Planning Commission
discussed the project's relationship to the General Plan, zoning ordinance, Special Permit
guidelines, and other policies of the State and County. In summary, the Commission
noted the following regarding the request: . .
The land on which the proposed use is located is unsuited for agricultural uses.
Soils within the property are classified as "Other Important Agricultural Land"
according to the ALISH map system and "D" or "Poor" by the Land Study Bureau for
agricultural productivity. While soils within the project site are fairly suitable for
agriculturalllBes, the proposed brewery and bottling operation will~ for the most part,
utilize existing'structures which were built in 1943. Several proposed additions to the
existing slaughterhouse and warehouse complexes include the construction of a new
machine and equipment building, a visitor center/service building and a water
packaging building. These improvements will be located within the proj ect site, which
has undergone extensive improvement as part ofthe former slaughterhouse operations.
Therefore, it is anticipated that the proposed use will not adversely impact the
agricultural land inventory within the County of Hawaii and not be contrary to the
intent and purpose of the State Land Use Law.
Mr. Sidney Fuke
Page 3
The proposed use will not have any significant adverse effects on the surrounding
properties. The proposed use will occupy, for the most part, structures formerly utilized as
a slaughterhouse. The proposed use will inherently be less noxious in character than the
former slaughterhouse operations, which had been in operation in excess of 40 years.
Other existing industrial-type of uses are located in the immediate vicinityofthe project
site, including a kim chee processing facility, macadamia nut drying and processing plant,
and a papaya packing plant. Given the former use of the project site and similar
industrial-type of uses within the area, it is anticipated that the proposed use will not
generate any adverse impacts to surrounding properties.
The proposed use will not substantially alter or change the essential character of .
the land and the present u.se. As previously mentioned, the former slaughterhouse
operation had been in existence in excess of 40 years.
The proposed use will not unreasonably burden public agencies to provide roads
and streets, sewers, water, drainage, school improvements, police and fire protection.
The ori~al reasons for the approval of the Special permit are still valid today.
Accordingly, approval of this extension request would not be inconsistent with the
original reasons for appr:oving the Special Permit.
Based on the above, the request to amend Condition No.5 of Special Permit No. 842 would not
be contrary to the objectives sought to be accomplished by the State Land Use Law Rules and
Regulations or the original reasons for approving this permit. (Material to be deleted is
bracketed; material to be added is underscored):
The amended condition is listed as follows:
5.
CQnstructi~mjrenovation of the proposed brewery ;:wd, bottling--facility and
related improvements shall be completed and a certificate of occupancy issued
within five years from the effective date of this amendment [Special Permit).
This approval does not; however, sanction the specific plans submitted with the request as they
may be subj ect to change given specific code and regulatory requirements of the affected
. .
agencIes.
. "
:;
Mr. Sidney Fuke
Page 4
Should you have any questions, please contact Norman Hayashi ofthe Planning Department at
961-8288.
Sincerely,
~a1Z~
Fred Galdones, Chairman
Planning Commission
Lhawaiibreweryspp
cc: Departirient of Public Works
Department of Water Supply
County Real Property Tax Division
State Land Use Commission
Plan Approval Section
Harry Kim
Mayor
Christopher J. Yuen
Director
([llunitr nf~ctfuctii
PLANNING DEPARTMENT
101 Pauahi Street, Suite 3 . Hilo, Hawaii 96720-3043
(808) 961-8288 . FAX (808) 961-8742
Brad Kurokawa, ASLA
LEED@AP
Deputy Director
April 18, 2006
Mr. Sidney M. Fuke
. Planning Consultant
100 Pauahi Street, Suite 212
Hilo, HI 96720
Dear Mr. Fuke:
APPLICATION FOR PLAN APPROVAL
Micro Brewery and Visitor Center
TMK: 1-6-141: 024; Kea'au, Puna, Hawaii
We h~~~~evi~wed'theabo~e-d~scribe~:fpl~s for thec~nstfuctionJestabiishment ofthe proposed
Micro Brewery and Visitor Center pursuant to FINAL PLAN APPROVAL. Enclosed is a copy
of the FINAL PLAN APPROVAL dated April 17, 2006, for your files.
Please be aware ofthe conditions of approval that are part ofthis FINAL PLAN APPROVAL for
the subject improvements. These conditions, which are listed on page 2 ofthe FINAL PLAN
APPROVAL document, must be complied with prior to occupancy ofthe proposed Micro
Brewery and Visitor Center.
Should you have any questions, please feel welcome to contact Jonathan Holmes or Daryn Arai
of this Department.
Sincerely,
~~N
Planning Dir~/' YU
JRH:cd
, ,
p: \plan approvals\l \pla-06-000082hawailDrewerydevelopmentcoinc 16141 024letter.doc
Enclosure: P A dated April 17, 2006
xc Hawaii Brewery Development Company, Inc.
Exhibit C
f.lnv,Jni'; rnunh, if.' nn Hnunl nnnnrlllnit-\1 Prl1lJ;r!pr nnrl RrnnlrnJPr
(
COUNTY PLANNING DEPARTMENT
FIN AL
PLAN APPROV AL
APPLICANT:
Hawaii Brewery Development Company, mc.
LOCATION:
Kea 'au, Puna
PARCEL AREA / PROJECT SITE AREA:
7.829 acres / approximately 1 ~ acres
PROPOSED USE:
Brewery and Visitor Center
DATE APPROVED:
April 17,2006
TAX MAP KEY:
1-6-141: 024
ZONING:
A-Sa
As Shown on Plan
Front Yard (East, Railroad Avenue)
Rear Y ard (West)
Side Yard (Slaughterhouse Road)
Side Yard (South)
Ht. of Structure
>1,200'
>60'
>400'
>110'
27' (Maximum)
Access to parking _ ::l:20' and ::l:35' driveways,
and 20' loading access onto ::l:25' paved roadway
(Slaughterhouse Road)
Off-Street Parking 22 total stalls, all standard
including 2 ADA spaces, one of which is van-
accessible (access aisle shown only 60" wide)
Loading.and
Unloading Space one shown
Density
N/A
Fencing and Walls:
Material CMU
Height 3'-0"
Location Retaining wall as required to
accommodate loading dock
Landscaping existing and proposed trees, shrubs
and grasses
Comments
OK, 30'-0" Minimum required
OK, 30'-0" Minimum required
OK, 20'-0" Minimum required
OK, 20'-0" Minimum required
OK, 45' -0" Maximum allowed
OK, Must comply with the requirements of the
Department of Public Works.
OK, 8,600 sq.ft./400 = 22 (21.5) spaces req'd.,
including one ADA van - accessible req' d.
Access aisle must be 96" wide.
(see Condition 3)
OK, 5,000 to 10,0000sq.ft. warehouse/visitor center,
one (1) loading reg' d., drop-off and bus parking (2)
OK, m accordance with PD Rule 17
(see Condition 2) .
. "
F:iual Plan Approval (TMK: 1-6-148: 017)
April 17,2006
Page 2 of2
Others Tax Clearance
I OK, dated March 9, 2006
Conditions of Approval:
1. Approved parking to be paved, striped, and appropriate signage installed prior to issuance of Certificate of
Occupancy.
2. Provide accessible':r>athwayfroIll accessible'stalls to main entrance ofbuildmghavmg a dear width of 36"
and with a slope not to exceed 2% in accordance with Section 25-4-55 of Chapter 25, Hawaii County
Code.
3. Approved landscaping to be installed prior to issuance of the Certificate of Occupancy and shall be
maintained regularly thereafter.
4. ADA access aisle adiacent to ADA spaces shall be 96" wide.
5. Conformance to all stated conditions of SPP 842, as amended, including, but not limited to, submission of a
final status report in coniunction with request for the Certificate of Occupancy
..,
C~r'
Planning Director
Date April 17 , 2005
p:\plan approvals\l \pla-06-000082hawaiibrewerydeve1opementcoinc 16141 024form.doc
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COUNTY OF HAW 3?'{ ;i~:-> o"-i'~~~~STATE OF'HAWAI'I
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BILL NO.
203
ORDINANCE NO. 04 21.
AN ORDINANCE AMENDlNG SECTION 25-8-22 (PUNA DISTRICT ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAW AI'I COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO
AGRICULTURAL (A-5a) AT KEAAU, PUNA, HAW AI'I, COVERED BY TAX MAP
KEY 1-6-141:001. '
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAW AI'I:
SECTION 1. Section 25~8-22, Art~cle 8, Chapter 25 (Zoning Code) ofthe Hawai'i
County Code, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Keaau, Puna, Hawai'i
- - -
shall be Agricultural (A-5a):
Beginning at the northwest comer of this parcel of land, the coordinates of said
point of beginning referred to Government Survey Triarigulation Station "OLAA" being
12962.30 feet North and 5743.85 feet East and running by azimuths measured clockwise
from True South: '
1.
2700 40' 32"
644.86
feet along Lot 9677, Land Court
Application 1053 as shown on Map
559; -
2_
1960 25'
100.00
feet along Lot 9677, Land Court
Application 1053 as shown on Map
559;
3.
2230 19'
56"
218.81
feet along Lot 9677, Land Court '
Application 1053 as shown on Map
559;
-1-
Exhibit D
4.
2360 01'
18"
286.59
feet along Lot 9677, Land Court
Application 1053 as shown on
Map 559;
5. Thencealong Lot 3, Land Court Application 1689, along a curve to the left having
a radius of 1166.28 feet the chord
azimu.th being:
3320
31 '
32"
826.95 feet;
6.
210 00'
71.36
feet along Lot 9187, Land Court
Application 1053 as shown on
Map 515;
7.
900 33'
1439.38
. feet along Lot 9187, Land Court
Ap,plication 1053 as shown on
Map 515;
8.
1830 23'
49"
379.50
feet along Lots A-31-A-4 and
,A-31-A-3, Land Court
Application 1053 as shown on
Map 134 to the point of beginning and
containing an area of 14.587 acres.
All as shown On the n1apattache~ hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. lr1 accordance with Section 25-2-44, Hawai'i Coun,ty Code, the County
Council fmds the' following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly ema...Tlating 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 ofthe need for public service demands created by the
proposed use.
-2-
)
.-
1
j
(
A. The applicant, its successors or assigns shall be responsible for complying with all
ofthe stated conditions of approval.
B. Final Subdivision Approval of the subject property shall be secured within five (5)
years from the effective date of this ordinance,
C. Prior to the issuance ofa water commitment by the Department of Water Supply,
the applicant shall submit the anticipated maximum daily water usage calculations
as recommended by a registered engineer, and a water commitment deposit in
accordance with the "Viater Co'mIIlitment Guidelines Policy"tbthe Department of
Water Supply within ninety days from the effective date of this ordinance.
D. The method of sewage disposal shall meet with the approval of the State
Department of Health.
E. 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 when
it finds that sufficient mitigative measures have been taken.
F. The applicant shall comply with all other applicable laws, rules, regulatioris and
requirements of affected agencies, including the Department of Public Works,
Fire Department and the Department of Health for the development ofthe subject
property.
G. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of enactment of the ordinance. The report shall include, but not
-3-
be limited to, the status of the development and the extent to which the conditions
of approval are being satisfied. This condition shall remain in effect until all of
the conditions of approval have been satisfied and the Planning Director
acknowledges that further reports are not required.
H. 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.
. . .
1. . All.~nitial exten1)ion of time for the performance of conditions within the
. ordinailce may be granted by the Planning Director upon the following
. . .
. . .' . .
cirGumstanyes~
. .
L 'The non-perforniancy is the result of conditions that could not have been
.' .
.' .
foreseen or are beyond the control of the applicants, successors or assigns,
and. that are not the result of their fault or negligence.
2., G:ranting,()ftliy tim.e extension would not be contrary to the General Plan
or Zoning Cody: .
3.G:ri:wti:tlg.gft4yt1m.YHextension would not be contrary to the original.
. reason:;; for the granting of the change of zone.
. . .
4. The tke extension granted shall be for a period not to exceed the period
original!y:grantedforperformance (i.e., a condition to be performed within
one year maybe' extended for up to one additional year).
-4-
)
_../
/
\
(
J. Should any ofthe 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.
SECTION 3. Inthe 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:
Hila
, Hawai'i
Date of Introduction: January 23, 2004
Date of 1st Reading: February 4, 2004
Date of 2nd Reading: February 19, 2004
Effective Date: February 25, 2004
r<fffRENCf: Corom. 443
. ~~.4
-5-
A-20a
A-20a
N
w
E
s
A-20a
AGRICULTURAL (A"20a) TO
.. AGRICULTURAL A-Sa
14.581 ACRES
A-20a
. ,
.. MCX-20.
A-20a
;-'
A-20a
A-20a
A-20a .
725.
,
362.5
725
1,450
2,175.
2,900
3,625
. Feet
. .
. .
AM'ENDMENTTO.T:HE ZO.NING CODE
. . . ;. ' ."' .
,'", "' - -' .
AMENDING Si::CTION 25-8-22 (PUNA DISTRICT ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII GOUNTY CODE, .
BY qHANGING THE DISTRICT CLASSIFICATION
FROMAGRI~ULTURAL (A-20a)
TOAGRICUL TURAL (A-Sa)
AT KEAAU,J~UNA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 1-6-141:001
'EXHIBIT "A"
>
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)
Date: November 10, 2003
(Hawaii Brewery DevelopmentCci., lrie:; 1 114).
(
,
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hila , Hawaii
r) '-~'~" ". ",:, ,'" '
nL \ !',;,;-!)
-. ."", J ./ ,__ ...~_J
2001 FES 25 APl 8 35-
Introduced By: Leningrad Elarionoff
Da.le~Q.J~4t~d: C:J:artkia ry 23, 2004
V UNlv "i_ l:i'\\M^lI '
First eacfing: '," r'~t;'r:l1ary 4, 2004
Published: N / A
REMARKS: January 23, 2004 - Deferred
Second Reading: February 19, 2004
To Mayor: February 20, 2004
Returned: February 25, 2004
Effective: February 25, 2004
Published: March 7, 2004
REMARKS:
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki X
Chung X
Elarionoff X
Holschuh X
Jacobson X
Reynolds X
Safarik X
Tulang X
Tyler X
8 1 0 0
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki X
Chung X
Elarionoff X
Holschuh X
Jacobson X
Reynolds X
Safarik X
Tulang X
Tyler X
6 1 2 0
I DO HEREB Y CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND,LEGALlTY:
~a~
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII
Date
~. ~... 8 ~:. i {)t!4
_~isapproved this
~s~
day
,20 04--
~
MAYOR, COUNTY OF HA WAIl
Bill No.:
203
C-443/PC-71
Reference:
Ord. No.:
04 2~
Harry Kim
Muyor
)
Christopher J. Yuen
Director
Roy R. Takemoto
Deputy Director
([nunf1! nf ~ctfuctii
PLANNING DEPARTMENT
101 Pauahi Street, Suite 3 · Hila, Hawaii 96720-3043
(808) 961-8288 · Fax (808)961-8742
January 11, 2005
Sidney M. Fuke
Planning Consultant
100 Pauahi Street, Suite 212
Hilo, HI 96720
Dear Mr. Fuke:
FINAL PLAT MAP
FINAL SUBDIVISION APPROVAL NO. 7900
SUBDIVIDER: . HAWAII BREWERY DEVELOPEMENT CO., INC.
Land Court Application 1053
Proposed Consolidation of Lot 9678, as shown on Map 559
And Lot A-31-A-3, as shown on Map 134,
And Resubdivision into Lots 9678-A & 9678-B
Keaau, Puna, Island of Hawaii, Hawaii
TMK: 1-6-141:001 & 024 (SUB 2004-0044)
This is to acknowledge receipt of ten (10) copies of the final plat map dated December 22, 2004;
Certification of Staking; and Real Property Tax Clearance for the referenced application.
Please be informed that final subdivision approval for recordation is hereby granted to the final plat map as
attached herewith inasmuch as all requirements of the Subdivision Code, Chapter 23, as modified have
been met.
You and the subdivider may wish to consult an attorney and surveyor for the preparation of the necessary
legal documents and description of the certified final plat map for the purpose of recordation with the
Registrar of the Land Court, State of Hawaii.
By a copy of this letter, we are forwarding a copy of the certified final plat map to the listed officers for their
file.
Hawai'i County is an Equal Opportunity Provider and Employer
Exhibit E
i
I
i
Sidney M. Fuke
Planning Consultant
Page 2
January 11, 2005
Copies of the certified final plat map are enclosed.
Sincerely,
~GL-1
-- CHRI. O~HER J. YUEN
Plan ng Director
ETC:lnm
P:\ WP60\SUBOIVIOocumentS.Subc2005-1120040044HawaiiBreweryFPMFL 7900. doc
Encs. - 3 Certified FPM
xc: Manager, DWS w/Certified FPM
Director, DPW w/Certified FPM
District Environmental Health Program Chief, DOH w/Certified FPM
District Engineer, DOT w/Certified FPM
T ax Maps and Records Supervisor I w/Certified FPM
Real Property Tax Division-Hilo w/Certified FPM
Hawaii Brewery Development Co., Inc;
Island Survey, Inc.
SPP 450,842; PLA 1908(1-6-141 :1); SUB 6497; REZ 103(Ord. 04 21)
,
OCT-27-03 MON 10:45 AM
FAX NO.
P. 13
(
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UN DA LINGU;
cO~Il.NOR Of HA\VA"
PEle'" T. YOUNa
CHAIRPEMON
O'::>ARD OF LAND "'''0 NA TUMl RESO\!I'\G ~$
eOM'-lItsloN ON WAtER RESOtJf<cE l"A'I-'.cEMENT
DAN DAVIDSON
o~PVr1 DIIIECTOR -\.AND
ERNEST Y.W. !.AU
Dr;rUlY OI'lECTOR. WAU;II
J1ii/lrofl11t#
October 6, 2003
F'L/'.:' ,'\.':; ,.' " ',.;.~....\,'.... .
C,.\... .....~.vlfNT
'~'..,. !STATE OF"~WAII
DEPA,irMENT OF LAND AND NATURAL RESOURCES
HISTORIC PRESERVATION DIVISION
KAKUHIHeWA BUilDING, ROOM 555
601 KAMOKIU>. BOULEVARO
KAPOLEI, HAWAII 96707
AQUATIC RESOURc~8
BOAliNG ANOOCMN REeR~TION
BUIl!'.AU OF COIlVEYANCn
c-o/o!MleeIO," ON WATER R..OURCl; W,NAGt'M!NT
CONSERV.... TloN ANt> CDMTAllANDt
CONSEFI'IATIONANO RtSOUROE6 ENr-ORCHo\~l'r
~NOINEEFlINa
PClREsT/ly AND WILDllPe
HISTORIC PP.ESERVATION
lV.HOOLAWC I<llAND RESE~V"E COM/I.lmSION
I.AIlD
STATE PARK.'
HAWAT'I HlSTORTC PRESERVATION
DIVISION REVlEW
LOG NO.: 2003.1883
DOC NO,: 0310JK03
Applicnnt/Agency:
Address:
Hawaii Brewery Development Co" Inc.
1240 Ala Moalla Blvd., Suite 31
Honolulu, HI 96814
'.
<.
Proj eel:
Chapter 6E-42 Review (County) Planning
Change of Zone Application (REZ 03.022). Amendment to Special
Permit No. 842. Request; Time Extension to Condition 5
(Construction Timetable)
Location:
T~~ Map Key:
Keaau, Puna, Hawai'j Island
(3) J .6-]41: 001
1. We believe there are no histodc properties present because:
a. intensive cultivation has altered the land
~X_b, s:-esidential development /urbanization has altered the land
c, previous grubbing/grading has altered land
d. an acceptable archaeological assessment or inventory survey found no
historic properties
~_e. other:
2. This project has already gone tluough the historic preservation review process,
a. mitigation has been completed
b. other:
_X_ Thus, we believe that "no historic properties will be atTected by this undertaking.
() ~
" I r
Signe . /l' '~7i/11 ft/
istoric Preservation Divi
Jeanne M. Knapp
Date /1(,) ~.~ i' -- C ;)
ana
UJ..tZ~~~.t9
G
Exhibit F
DEPARTMENT OF PUBUC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE: November 6,2009
~
TO: BJ Leithead Todd, PlannIng Director
FROM: .fv ~rtment of Public Works
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09-000107)
Applicant: Hawaii Brewery Development Co., Inc.
Request: A-5a to FA-2a
Special Permit No. 842 (Docket No. 93-000003)
Request: Amendment to Condition No.5
Tax Map Key: 1-6-141: 001
We have reviewed the subject application forwarded by your memo dated October 5, 2009
and offer the following comments for your consideration.
The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map
(FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area
determined to be outside the SOD-year- floodplain.
Access to the subject parcel is via the private road named Slaughter House Road,
Identified as tax map key parcel 022.
Questions may be referred to Kelly Gomes at ex!. 8327.
Planning Dept.
Exhibit 2
C('Ullly of Hawaii is an c'lllal Opportunity J>wyidcr l\Ild Employel
....,. +
~':: ~)
William P. Kenoi
Mayor
County of Hawaii
POLICE DEPARTMENT
349 Kapiolani Street . Hilo, Hawaii 96720-3998
(808).935-3311 . Fax (808) 961-8865
October 15, 2009
TO
FROM
SUBJECT:
BJ L~EA . TO D, P .G DIRECTOR
D~~ D. ACHECO, ASSISTANT POLICE CHIEF
AREA I OPERATIONS BUREAU
Harry S. Kubojiri
Police Chief
Paul K. Ferreira
Deputy Police Chief
APPLICANT: HAWAII BREWERY DEVELOPMENT CO., INC.
CHANGE OF ZONE APPLICATION (REZ 09-000107)
REQUEST: A-5A TO FA-2A
TAX MAP KEY: 1-6-141 :24
SPECIAL PERMIT NO. 842 (DOCKET NO. 93-000003)
REQUEST: AMENDMENT TO CONDITION NO.5
TAX MAP KEY: 1-6-141:1
Staff, upon reviewing the provided documents and visiting the proposed site,
does not anticipate any significant impact to traffic and/or other public safety
concerns.
Thank you for allowing us the opportunity to comment.
If you have any questions or concerns, please contact Captain Steven Guillermo
of the Puna District at 966-5835.
SG/lli
Planning Dept.
Exhibit .3
"Hawai'i County is an Equal Opportunity Provider and Employer"
~--......
SCANNED
OCT 2 J 7(l[!q
I tft5 7 412
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DEPARTMENT OF WATER SUPPLY .. COUNTY OF HAWAI'I
345 KEKOANAO'A STREET, SUITE 20 . HILa, HAWAI'I 96720
TELEPHONE (808) 961-8050 . FAX (808) 961-8657
November 6, 2009
TO:
Ms. BJ Leithead- Todd, Planning Director
Planning Department
\...."
\..,.)
FROM: Milton D. Pavao, Manager
SUBJECT: APPLICANT: HAWAII BREWERY DEVELOPMENT CO., INC.
CHANGE OF ZONE APPLICATION (REZ 09-000107)
REQUEST: A-Sa TO FA-2a
TAX MAP KEY 1-6-141:024
SPECIAL PERMIT NO. 842 (DOCKET NO. 93-000003)
REQUEST: AMENDMENT TO CONDITION NO. S
TAX MAP KEY 1-6~141:001
We have reviewed the subject Change of Zone application and Special Permit request and have the
following comments and conditions.
Please be informed that the subject parcels each have four (4) units of water assigned to them through
an existing 2-inch meter (Account No. 020-99100) located at the end of an existing 6-inch waterline
within Slaughterhouse Road fronting the subject parcels. Each unit of water is equal to a maximum
daily usage of 600 gallons.
The Department has no objection to the proposed Change of Zone application and Special Permit
request, subject to the following conditions:
Change of Zone Application (REZ 09-000107), Tax Map Key 1-6-141 :024
1. As Parce124 has four (4) units of water assigned to it and the proposed change of zone will allow
for a 3-lot subdivision, the applicant will be required to designate in writing which lot within the
subdivision will be assigned two (2) units of water. The remaining two (2) lots will each be
assigned one (1) unit of water.
2. Pursuant to Section 4-2 of the Department's Rules and Regulations, a minimum 6-inch water main
must be extended into the subdivision and service laterals must be installed to front each lot.
3. A minimum l5-foot wide easement in favor ofthe Department of Water Supply with a minimum
lO-foot wide all-weather access road must be provided in the area of the required water system
improvements and an appropriate turn-around area must be provided at the end of the \
SCANNEDl
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Bv: _ I
Planning (J,ept.
Exhibi4'
. . . Water.. Our :Jv{ost Precious ~e:50il-) h,: . . . XtJ Wai 5'L '1(iine : .1.
Ms. BJ Leithead- Todd, Planning Director
Page 2
November 6, 2009
to allow for meter reading vehicles. The appropriate documents shall be submitted, properly
prepared and executed, to convey the water system improvements and necessary easements to the
Water Board of the County of Hawai'i prior to final subdivision approval being granted. A
registered surveyor shall stamp and certify the metes and bounds description within the conveyan.ce
documents. Prior to water meter services being granted to the development, or any lots within, the
conveyance documents shall be accepted by the Water Board.
4. The existing service lateral serving the 2-inch meter must be cut and plugged at the main; A new
service lateral for a I-inch meter must be installed for Tax Map Key 1-6-141 :001. The I-inch
meter shall have a reduced pressure type backflow prevention assembly installed within five (5)
feet of the meter; the installation of which must be inspected and approved bythe.Department
before activation of water service.
5. The existing 2-inch meter serving Parcel 24 shall have a reduced pressure type backflow
prevention assembly installed within five (5) feet of the meter on private property as soon as
possible and until final subdivision approval is granted. The backflow prevention assembly
installation must be inspected and approved by our Department.
Special Permit No. 842 (Amendment to Condition No.5), Tax Map Key 1-6-141 :001
We have no objection to the requested amendment to Condition No.5 to allow a 5-year time extension
for the completion of the proposed brewery and soft drink bottling facilities, subject to the following
conditions:
1. It is the Department's understanding that most of the potable water needs for the projects will be
provided by an onsite potable water well. Therefore, the Department requests estimated maximum
daily water usage calculations, prepared by a professional engineer licensed in the State of Hawai'i,
showing the anticipated maximum daily water usage from the Department's water system. It shall
be noted that the two sources of water shall not be interconnected in any way.
Upon receipt and approval of the water usage calculations, the Department will determine if the
existing water allocations are adequate to support the proposed demand. If the proposed demand
exceeds the existing allocations, the Department will determine the water system improvements
needed to support the demand and the facilities charges (which are subject to change) due for the
increased demand.
2. The applicant shall be required to install a reduced pressure type backflow prevention assembly on
private property within five (5) feet of any water meters intended to be used for purposes other than
residential water usage.
As noted in Item No.4 above for Change of Zone Application No. REZ 000107, the existing 2-
inch water meter shall have a reduced pressure type backflow prevention assembly installed within
five (5) feet of the meter on private property as soon as possible and until the proposed brewery
and soft drink bottling facilities are completed, or until final subdivision approval is granted,
Ms. BJ Leithead- Todd, Planning Director
Page 3
November 6,2009
The Department will note that the existing 6-inch waterline within Slaughterhouse Road can provide a
maximum theoretical flow rate of 880 gallons per minute (GPM) for fire protection. The Fire
Department should be consulted for any fire protection requirements or alternatives.
Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning
Branch at 961-8070, extension 255.
(
. Pavao, P.E.
FM:dfg
copy - Hawaii Brewery Development Co., Inc.
Mr. Sidney M. Fuke, Planning Consultant
DWS Customer Service Section (Hilo)
DWS Cross Connection Section
/
William Kenoi
Mayor
c Q~!J~(~. W~JUj':r ': 11
Director
2fOYIvgkk?lri[Jj 2' 50
Devutv Director
QIllunflJ Ilf~afuai~i
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street · Hilo, Hawai'i 96720
(808) 961-8083' Fax (808) 961-8086
http://co.hawaii.hi.us!directory!direnvrnng.htm
MEMORANDUM
JA;
Date October~ 2009
To BJ LEITHEAD TODD, Planning Director
From: LONO A. TYSON, Director ''/.,\
Subject: Applicant: Hawai'i Brewery Development Co., Inc.
Change of Zone Application (REZ 09-000107
Request: A-Sa to FA-2a TMK: 1-06-141:24
Special Permit No. 842 (Docket NO. 93-000003)
Request: Amendment to Condition No.5 TMK: 1-6-141: 1
We have reviewed the subject application and offer the following recommendations:
DEPARTMENT COMMENTS: \2-i?"Pe-fL ',0 C (:,A.A .~/1~TS f:,~(p\)J
W A~EW ATER COMMENTS:
( c1 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:
SOLID WASTE COMMENTS:
( ) No comments
~) Commercial operations, State and Federal agencies, religious entities and non-profit
organizations may not use transfer stations for disposal.
0<;) Aggregates and any other construction/demolition waste should be responsibly reused to
its fullest extent.
GZ) Ample and equal room should be provided for rubbish and recycling.
~) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or
other suitable diversion programs.
(><;) Construction and demolition waste is prohibited at all County Transfer Stations.
(~) Submit Solid Waste Management Plan in accordance with att~ched g~es.
( ) Existing Solid Waste Management Plan is to be f?Howed. Provide update to the departmft (m ~lJrr..eDt status,-__
( ) Other: ~a~n.mg~t. I SCA~~ED .
cc SWD, - Exhibit I; 12!59/ f' ~~tflgUr
1 .,~__
~
William P. Kenoi
Mayor
Lono A. Tyson
Director
Ivan Torigoe
Deputy Director
QInuntlj of ~afuai ~i
DEP ARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street. Hilo, Hawai'i 96720
(808) 961-8083' Fax (808) 961-8086
http://co.hawaii.hi,us/directorv/direnvmng.htm
February 12, 2009
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)
promotes and implement recycling and recycling programs, (2) predict the waste generated by
the proposed development to anticipate the loading on County solid waste management
facilities, and (3) predict the additional vehicular traffic being generated because of waste and
recycling transfers. A qualified consultant shall prepare a suitable solid waste management
plan for review by the Department of Environmental Management.
REPORT
The Solid Waste Management Plan 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 or maintenance phases. Waste types shall include (but not
be limited to):
A. Organics (including food waste and green wastes);
B. Construction and Demolition;
C. Paper (including cardboard);
D. Metal (including ferrous and non-ferrous metals);
E. Plastic;
F. Special (including ash, sludge, treated medical, bulky items, tires);
G. Household Hazardous (including paint, vehicle fluids, oil, batteries); and
H. Glass.
2. Indicate onsite source separation facilities by waste type; i.e. source separation bins of
glass, metal, plastic, cardboard, aluminum, etc. Provide ample' and equal space for
rubbish and recycling.
3. Identification and location of the proposed waste reduction, waste re-use, recycling
faCility or disposal site and associated transportation methods for the various
components of the development's waste management system, including the number of
County ofHawai'j is an Equal Opportunity Provider and Employer.
",'
Solid Waste Management Plan Guidelines
Page 2 of 2
vehicle movements and associated routes that will be used to transport the waste and
recycled materials. .
4. The report will include identification of any impacts to County-operated waste
management facilities, and the appropriate mitigation measures that will be implemented
by the development to minimize these impacts.
5. 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 prepared for all commercial developments, as
defined under the policies of the Department of Environmental Management,Solid
Waste Division.
2. The Department of Environmental Management will require the developer to provide or
resolve all recommendations and mitigation measures as outlined in the solid waste
management plan; besides any conditions placed on the applicant herein.
3. A State of Hawaii licensed engineer will draft and certify in writing the solid waste
management plan as complying with applicable Federal, State and County of Hawai'i
solid waste laws, regulations, and administrative rules.
Should you require additional information, please contact Michael Dworsky, P.E., Solid Waste
Division Chief at 808-961-8515.
CONCUR:
~ A.T~ f-
Lono A. Tyson
DIRECTOR
County of Hawai' i is an Equal Opportunity Provider and EmployeL
LINDA LINGLE
~qO~IWNOR
1 l!
~ ~"i"
? 1
CHIYOME l. FUKINO, M.D.
Director of Health
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
HILa, HAWAII 96721-0916
MEMORANDUM
DATE: October 9,2009
TO: BJ Leithead Todd
Planning Director, County of Hawaii
FROM: Newton Inouye ~
Acting District Environmental Health Program Chief
SUBJECT: Applicant: Hawaii Brewery Development Co., Inc.
Change of Zone Application (REZ 09-000107)
Request: A-Sa to F A-2a
Tax Map Key: 1-6~ 141 :24
Special Permit No. 842 (Docket No. 93-000003)
Request: Amendment to Condition No.5
TMK: 1-6-141:1
The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the
subject document on October 7,2009. The CWB has reviewed the limited information
contained in the subject document and offers the following comments:
1. The Army Corps of Engineers should be contacted at (808) 438-9258 for this
project. Pursuant to Federal Water Pollution Control Act (commonly known as
the "Clean Water Act" (CW A)), Paragraph 401(a)(I), 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 CW A, 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.
Planning Dept.
Exhibit {~
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(it. r~I 1<l\IE D i
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BJ Leithead Todd
Page 2 of 4
October 9, 2009
2. rn 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
ofIntent (NOr) 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. gOV /health! environmental/water/ cleanwater/forms/indi
v-index.html.
b. An Nor 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 NOr is needed for coverage under each NPDES general permit.
The NOr forms may be picked up at our office or downloaded from our
website at:
http://www .hawaii. gOV /health! environmental/water/ cleanwater/forms/ genl
-index.html.
1. 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]
11. Construction activities, including clearing, grading, and
excavation, that result in the disturbance of equal to or greater than
one (1) acre oftotalland 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]
111. 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 hydro testing water. [HAR, Chapter 11-55,
Appendix F]
VI. Discharges of construction dewatering effluent. [HAR, Chapter
11-55, Appendix G]
BJ Leithead Todd
Page 3 of 4
October 9, 2009
Vll. Discharges oftreated effluent from petroleum bulk stations and
terminals. [HAR, Chapter 11-55, Appendix H]
V111. Discharges of treated effluent from well drilling activities. [HAR,
Chapter 11-55, Appendix I]
IX. Discharges oftreated effluent from recycled water distribution
systems. [HAR, Chapter 11-55, Appendix J]
x. Discharges of storm water from a small municipal separate storm
sewer system. [HAR, Chapter 11-55, Appendix K]
Xl. 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 ofthe 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."
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.
b
.,Q."
BJ Leithead Todd
Page 4 of 4
October 9, 2009
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.
Lands formerly used for sugarcane production are now being developed into communities where
residential homes, schools and commercial businesses are being constructed. Chemicals
associated with the sugarcane industry persist in soil today and may be a threat to public health
and the environment. Elevated arsenic levels were discovered in soil at former sugarcane
production areas on the islands. The HEER Office has identified former sugarcane production
areas for assessment throughout the state and plans to work with property owners to conduct
environmental assessments to identify and address elevated soil arsenic levels prior to finalizing
development plans for the properties.
We recommend that you review all ofthe Standard Comments on our website:
http://hawaii. gov /health! environmental! env-planning/landuse/landuse.html. Any comments
specifically applicable to this project should be adhered to.
The proposed brewery and soft drink bottling facilities shall follow the rules and regulations
cited in HRS 328 Food, Drug & Cosmetics; HAR Ch. 11-12 Food Establishment Sanitation; and
HAR Ch. 11-29 Food and Food Products.
The proposed brewery may also fall under the jurisdiction of the Alcohol and Tobacco Tax and
Trade Bureau with the Federal Government. The Bureau should be contacted regarding their
rules and regulations.
If there are any questions or concerns, call (808) 933-0917.
The use of individual wastewater systems is allowed. The type and number of individual
wastewater systems to be used will be determined by the wastewater rules in effect at the time of
building permit application.
WORD:REZ 09-000107/Special Pennit No. 842.at
b
I)'
SidneyFuke, Planning Consultant
PLANNiNG DEPAjrrf:::~ENT
100 Pauahi Street, Suite 212, Hila, Hawaii 96720
Telephone: (808) 969-1522 . Fax: (808) 969-7996
E-mail: sidfuke@hawaiiantel.net
. Planning' Variance' Zoning
. Subdivision. Land Use Permits
. Environmental Reports
October 26 20@9\0 "'''''T ,C} /.. [ii. j'}. C:7
' LtUi UL. Lv t Ct LL" ~
Ms. BJ Leithead Todd, Director
Planning Department
COUNTY OF HAW ArI
101 Pauahi Street
Hilo, HI 96720
Dear Ms. Leithead Todd:
Subject:
Rezoning Application (REZ 09-000107)
Hawaii brewery Development Co., Inc.
TMK: 1-6-041: 024
Thank you for providing me with a copy of agency and public comments to date
regarding the subject application. In response to these comments, we provide the following:
a. The Police Department did "not anticipate impacts to traffic and/or other public safety
concerns. The Fire Department like the State Department of Land and Natural
Resources had no comments to offer. The DLNR noted further that comments from
its Historic Preservation Division would be forthcoming.
b. Relative to the State Department of Health, the requirements, if applicable, relative to
National Pollutant Discharge Elimination System (NPDES) will be complied with
prior to construction of activities requiring discharge into the ground, such as a
drywell. Furthermore, all noise and air quality requirements will be adhered to by the
contractor during the construction phases of this project.
The applicant is also aware of the former use of the surrounding area for sugar
planting. The applicant proposes to use producing potable wells for its project(s). As
these wells currently provide the water for an existing water bottling plant, these
wells are and will continue to be monitored.
c. We also appreciate the favorable comments of the neighbor, Hawaiian Springs.
We trust that the above adequately responded to the comments. If not or if there are
further questions, please let me know. Thank you very much.
Sincerely,
~^~~
Si>~EY M. FUKE
Planning Consultant
Copy - Hawaiian Brewery Development Co., Inc. wi enclosures via email
Planning Dept.
Exhibit 7
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--~~~~=:::~:.:::,:-:-- !
Ms. BJ leithead Todd, Director
Planning Department
County of Hawaii
101 Pauahi Street
Hila, Hi 96720
October 15, 2009
Subject: Proposed Amendment to Special Permit and Rezoning Application
Hawaii Brewery Development Co., TMK: 1-6-041: 024
Dear Ms. leithead Todd:
It is our understanding that Hawaii Brewery Development Co. has
submitted applications to extend the completion date of its proposed brewery
and bottling facility. In conjunction with this application, it has also submitted a
request to rezone the 7+ acre property into 2-acre lots, which, when subdivided"
should facilitate the development of the brewery and bottling facility.
Please be informed that as an adjoining property owner, we support
these applications. The proposed development would be supportive of and
compatible with our existing water bottling facility. All of the required
infrastructure, particularly access, is adequate for the proposed development,
Additionally, the project would be creating much needed jobs in this area.
Thank you very much for giving me this chance to comment on these
applications.
Sincerely,
SCANNED.
By: Deb ~110l2 4
~b.~
{.::eick Hadley
(hairman and (EO
3375 Koapaka Street, Ste. F220-27, Honolulu, HI 96819-1815
Phone: (808) 483-0520 . Fax: (808) 483-0536
Planning Dept.
Exhibit g
RHIBrewREZ.doc-11/16/09
COUNTY OF HAW AI'I PLANNING DEPARTMENT
RECOMMENDATION
HAW All BREWERY DEVELOPMENT CO., INe.
CHANGE OF ZONE APPLICATION (REZ 09-107)
Upon careful review ofthe request; the Planning Director is recommending that a
favorable recommendation for the Change of Zone request from an Agricultural 5-acre (A-
5a) district to a Family Agricultural2-acre (FA-2a) district for approximately 7.829 acres
of land be forwarded to the County Council. This recommendation does not, however,
sanction the specific plans as submitted with the application as they may be subject to change
given the specific code and regulatory requirements of the affected agencies. Since this
recommendation is made without the benefit of public testimony, the Director reserves the right
to modify and/or alter this position based upon additional information presented at the public
hearing. This favorable recommendation is based on the following findings:
The applicant requests a Change of Zone for 7.829 acres ofland from an
Agricultural 5-acre (A-5a) to a Family Agricultural 2-acre (F A-2a) district for
approximately 7.829 acres ofland to subdivide the property into three lots approximately
two acres in size. The project site was part of an approximately 14. 5-acre property,
currently the site of a water bottling facility permitted by Special Permit No. 842 to
establish a brewery, water and soft drink bottling facility and related improvements. The
14.5-acre parcel was subdivided into two lots approximately seven acres in size under
Final Subdivision Approval on January 11, 2005. The water bottling facility is
established on one of the subdivided parcels. However, the 7.8-acre parcel appears too
large for the proposed brewery and soft drink bottling facility, and the applicant currently
seeks a change of zone from A-5a to FA-2a to subdivide the 7.8-acre parcel into three
lots. This would potentially allow different operators for the brewery and soft drink
bottling facility. The applicant states that "there is a possibility that the brewery would
be split into two components. One would involve a micro-brewery for beer, and the other
could possibility be a distilled brewery for sake." The applicant has submitted a
concurrent request for a five-year extension of time to amend Condition No.5 of Special
-1-
Permit No. 842 approved on May 27, 1993 to establish a brewery, water and soft drink
bottling facility and related 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 also be considered as they may have an impact on similar areas in the
County, but ultimately, on the future development of the entire island.
The proposed change of zone request would conform to the goals, policies,
standards of the Land Use and Economic elements of the General Plan. The General
Plan was developed as a policy guide for the coordinated growth and development of all
sectors of the County. It sets forth courses of action to accommodate growth without
congestion, to designate and preserve the lands needed for residential use, commercial
and visitor services, industry, agriculture and open space, and to coordinate these uses
with the County's service and circulation systems. The proposed request would
complement the Land Use and Economic goals, policies and standards in the General
Plan set forth to physically plan the lands in the County in the best interest of the island's
residents.
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan is a representation of the document's goals, policies, standards and courses of action
to guide the coordinated growth and development of the County. It reflects a graphic
depiction of the spatial relationships among various land uses and the expressed policy
statements of the document itself. The LUP AG Map establishes the basic land use
pattern for areas within the County. Therefore, change of zones and requests for
amendments to the LUP AG Map must be evaluated against applicable goals, policies and
standards of the General Plan.
The General Plan LUP AG map identifies the project site as Low Density Urban,
which is defined as land uses that are "single family residential in character, ancillary
community and public uses, and convenience type commercial uses." Although this
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request is not for residential uses, it is support the General Plan LUP AG designation and
would not frustrate the long-term low density goal envisioned in the General Plan. In
general, the majority of properties surrounding the subject property are zoned A-20a,
except for Shipman Industrial Park located across Highway 11 to the west and several
residential areas located to the south near Kea'au town. Several Special Permits have
been approved in the immediate area, including several processing facilities for papaya,
pickled vegetables, fruit, macadamia nut, etc.
The proposed area is on the fringe of an area identified as Industrial in the
General Plan LUP AG map. This area was considered for industrial expansion as a
variety of industrial uses have been established in the vicinity through the change of
zones and the Special Permit process:
o SPP No. 671 (Hawaii Anthurium Growers Cooperative) in August 1988, on
TMK: 1-6-03:21 for a processing and floral packing facility.
o SPP No. 686 (HELCO) in November 1988, on TMK: 1-6-03: 93 to operate an
electric power plant previously operated by Puna Sugar Company.
. SPP No. 707 (AMFAC Tropical Products) in June 1989, on TMK: 1-6-03:18 &
23 for a fruit packing and processing plant.
. SPP No. 418 (AMFAC Tropical Products) in March 1979 and expanded in June
1989, on TMK: 1-6-03: portions of 5 and 73 for fruit packing and papaya puree
processing facilities. Special Permits No, 671, 707 and 418, which includes
processing agricultural products grown off site, are now permitted uses.
. SPP No. 925 (Hawaii Christian Camping Association, Inc.) in February 1996, on
TMK: 1-6-03: 17, for a church, school and related improvements.
. SPP No. 931 (Greenhouse Specialists, Inc.) in February 1996, on TMK: 1-6-03:
20, for a greenhouse and nursery supply outlet.
. Ordinance No. 98060, effective July 2, 1998, TMK: 1-6-141: 101 from A-20a to
FA-la,
. Ordinance No. 86 141, effective May 15, 1986, TMK.: 1-6-3: 121 from A-20a to
A-Sa.
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. Ordinance No. 97067, effective May 14, 1997, TMK: 1-6-3: 5 from A-20a to
ML-20.
o SPP No. 08-66, effective October 3,2008, TMK: 1-6-3: Por. 104 for a water and
beverage bottling facility
e Ordinance No. 0952, effective May 11,2009, TMK: 1-6-3: 18 and 23, from A-
20a to ML-1 a to renovate existing warehouses for use as a water and tropical fruit
beverage bottling plant
The project site is situated within close proximity to commercial areas,
employment centers and public safety services. The project site is located less than
one mile from the urban retail and employment area ofKea'au Town Center. Police, fire
and emergency medical services are located in Kea'au, approximately one mile from the
property. Keaau is centrally located at the junction of two major highways in the Puna
District, Highway 11 and the Kea'au-Pahoa Highway.
All utilities and services are or will be made available to the project site. All
essential utilities are available to the site. Access to the project site will be from the
Kea'au-Pahoa Bypass onto a frontage road, formerly known as the Old Volcano
Highway. The Old Volcano Highway connects to Slaughterhouse Road (a private road),
approximately one mile from the Bypass. Both the Highway and the Road have a
pavement width of20 feet within a 50-foot wide right-of-way. The Slaughterhouse Road
tapers near the entrance to the project site to a pavement width of 20 feet.
According to the applicant, water can be made available from a 6-inch waterline
fronting the site. There is no municipal wastewater system in the area. According to the
applicant, an enhanced septic system meeting with the requirements of the Department of
Health will be required. This will be done by the applicant in conjunction with the
issuance of a building permit for the proposed brewery.
The request is not contrary to Chapter 205A, Hawaii Revised Statues,
relating to Coastal Zone Management. The project site is not proximate to the
shoreline and not located in the SMA. There is no record of a designated public access to
the shoreline or mountain areas that traverses the site. According to the applicant, no
valued cultural, historical or natural resources exist on the properties and there is no
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evidence of any traditional and customary Native Hawaiian rights being practiced on the
site. Thus, it is not anticipated that the proposed request will have any adverse impact on
cultural or historical resources in the area. Therefore, no action is necessary to protect
these rights.
The property has no severe geological or topographical problems which cannot be
rectified or which would render the land unusable. The project site is located within
Zone "X", area determined to be outside the SOO-year floodplain. All development
generated storm run-off shall be disposed of on-site and not allowed onto adjacent
properties or roadways.
By letter dated October 6, 2003 the DLNR-HPD has determined that no historic
properties will be affected by this project because residential development/urbanization
and previous grubbing/grading has altered the land. No professional surveys were
conducted of the site due to the history of disturbance. No professional flora or fauna
surveys were conducted of the site. The applicant does not believe that rare or
endangered floral or faunal resources are on the site as the project site has been disturbed
and is located within an urban environment close to existing industrial and commercial
uses.
In view of the Hawaii State Supreme Court's "P ASH' and "Ka Pa 'akai 0
Ka 'Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights
must be addressed. These rights must be addressed in terms of the cultural, historical,
and natural resources and the associated traditional and customary practices of the site.
Investigation of valued resources: As the property has been previously disturbed,
no formal archaeological reconnaissance survey, oral history of kamaaina accounts of the
area, historical survey of documentary records, or botanical study was included in the
application.
The valuable cultural, historical. and natural resources found in the proiect area:
In a letter dated October 6,2003, the DLNR-HPD states, "no historic properties will be
affected by this undertaking."
Possible adverse effect or impairment of valued resources: As stated by the State
Department of Land and Natural Resources Historic Preservation Division, "no historic
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properties will be affected by this undertaking." The site has already been disturbed and
as such, the project should not result in an irreversible commitment of natural or
archaeological resources.
Feasible actions to protect native Hawaiian rights: According to the applicant, the
property is not used for native Hawaiians for the gathering of plants or gathering. In the
unlikely event that legitimate gathering claims are made by native Hawaiians, the
applicant intends to respect and honor such claims and provide the needed access within
the site.
Based on the above findings, this request for a Change of Zone from an Agricultural
(A-Sa) to a Family Agricultural (F A-2a) zoned district would result in an appropriate land use
pattern and further the public convenience, necessity and general welfare.
The accompanying draft bill to amend Section 25-8-22 (puna District Zone Map) is
provided for your favorable consideration. Please note the proposed conditions of approval
attached to the draft bill.
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CHiBrewREZ.doc-l1/12/09
HAW An BREWERY DEVELOPMENT CO., INe.
CHANGE OF ZONE APPLICATION (REZ 09-107)
CONDITIONS OF APPROVAL
A. The applicant, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. The applicants, successors or assigns shall be responsible for complying with all
requirements of Chapter 205, Hawai'i Revised Statutes, relating to permissible
uses within the State Land Use Agricultural District.
C. The required water commitment payment shall be submitted to the Department of
Water Supply in accordance with its "Water Commitment Guidelines Policy"
within one hundred and eighty (180) days from the effective date of this
ordinance.
D. Final Subdivision Approval of the subject property shall be secured within five
(5) years from the effective date of this ordinance.
E. Restrictive covenants in the deeds of all proposed lots within the property shall
give notice that the terms of the zoning ordinance prohibit the construction of a
second dwelling unit and condominium property regimes on each lot. This
restriction may be removed by amendment of this ordinance by the County
Council. The owner of the property may also, in addition, impose private
covenants restricting the number of dwellings. A copy of the proposed
covenant(s) to be recorded with the State Bureau of Conveyances shall be
submitted to the Planning Director for review and approval prior to the issuance
of Final Subdivision Approval. A copy of the recorded document shall be filed
with the Planning Department upon its receipt from the Bureau of Conveyances.
F. All driveway connections to shall conform to Chapter 22, County Streets, of the
Hawai'i County Code.
G. All development-generated runoff 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 and any required
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H.
1.
drainage improvements shall be constructed, meeting the approval of the
Department of Public Works prior to Final Subdivision Approval.
All earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control of the Hawai'i County Code.
The method of sewage disposal shall meet with the requirements of the
Department of Health.
A Solid Waste Man ement;Z:la shall be sub7ed to the .Dep~ment O~f
nagement or review amyapproval prior t.othe issuance fa
. ((
Certlficate of ccupancy.
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 when it finds that sufficient mitigative measures have been taken.
If the applicant, successors, or assigns develops residential unit,S on the subject
property, the applicant shall make their fair share contribution to mitigate the
potential regional impacts of the property with respect to parks and recreation,
fire, police, solid waste disposal facilities and roads. The fair share contribution
shall become due and payable prior to receipt of Final Subdivision Approval. The
fair share contribution for each lot shall be based on the actual number of
residential units developed. The fair share contribution in a form of cash, land,
facilities or any combination thereof shall be determined by the County Council.
The fair share contribution may be adjusted annually beginning three years after
the effective date of this ordinance, based on the percentage change in the
Honolulu Consumer Price Index (HCPr). The fair share contribution shall have a
combined value of$7,698.11 per multiple family residential unit ($11,996.63 per
single family residential unit). The total amount shall be determined with the
actual number of units according to the calculation and payment provisions set
forth in this condition.
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The fair share contribution per multiple family residential unit (single family
residential unit) shall be allocated as follows:
1. $3,797.26 per multiple family residential unit ($5,784.99 per single family
residential unit) to the County to support park and recreational
improvements and facilities;
2. $120.01 per multiple family residential unit ($279.07 per single family
residential unit) to the County to support police facilities;
3. $369.17 per multiple family residential unit ($551.20 per single family
residential unit) to the County to support fire facilities;
4. $164.54 per multiple family residential unit ($241.32 per single family
residential unit) to the County to support solid waste facilities; and
S. $3,247.12 per multiple family residential unit ($5,140.06 per single family
residential unit) to the County to support road and traffic improvements.
In lieu of paying the fair share contribution, the applicants may contribute land
and/or construct improvements/facilities related to parks and recreation, fire,
police, solid waste disposal facilities and roads within the region impacted by the
proposed development, subject to the review and recommendation of the Planning
Director, upon consultation with the appropriate agencies and approval of the
County Council
M. An annual progress report shall be s mitted to the Planni g Director prior to the
anniversa& date of enactment oft e ordinance. The re rt shall include, but not
be Ii kd ~o, the status of the velopment and the e ent to which the conditions
of proval are being satisfi . This condition sh 1 remain in effect until all of
t e conditions of approva ave been satisfied nd the Planning Director
acknowledges that further reports are not re ired.
N. 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.
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"
O. The applicant shall comply with all other applicable laws, rules, regulations and
requirements of affected agencies for the development of the subject property.
P. An initial extension oftime 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 applicants, 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).
5. If the applicant(s) should require an additional extension of time, the
Planning Department shall submit the applicant's request to the County
Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
manner, the Planning Director may initiate rezoning of the area to its original or
more appropriate designation.
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WINDWARD PLANNING COMMISSION
COUNTY OF HAWAI'I
HEARING TRANSCRIPT
DECEMBER 4, 2009
A regularly advertised hearing on the application of HAWAII BREWERY DEVELOPMENT
CO., INC.'s REZ 09-000107 was called to order at 12:07 p.m. in the County of Hawai'i,
Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai'i, with Chairman Rell
Woodward presiding.
PRESENT:
Rell Woodward
Takashi Domingo
Andrew Iwashita
Zendo Kern
Wallace Ishibashi
Brandon Gonzalez, Deputy Corporation Counsel
BJ Leithead Todd, Planning Director
Warren Lee, Director of Public Works
Norman Hayashi, Planning Program Manager
Phyllis Fujimoto, Staff Planner
Jeff Darrow, Staff Planner
Maija Cottle, Staff Planner
And 15 people from the public in attendance.
APPLICANT: HA WAIl BREWERY DEVELOPMENT CO., INC. (REZ 09-000107)
Change of Zone from an Agricultural 5-acre (A-Sa) to a Family Agricultural 2-acre (F A-2a)
district for 7.829 acres ofland. The property is located east of Highway 11 (Volcano Highway)
and north of Highway 130 (Keaau-Pahoa Highway), Keaau, Puna, Hawai'i, TMK: 1-6-141:24.
WOODWARD: We will go right on to the second part of this. Applicant, Item No.7,
change of zone application.
DARROW: Thank you, Mr. Chairman. In can direct your attention to the
presentation. Again, the applicant is Hawaii Brewery Development Co., Inc. They're requesting
a change of zone from Agricultural 5 acres to Family Agricultural 2 acres for approximately 7.8
acres of land. Again, the location is in the Puna District, Keaau area. This is directly next,
directly south adjoining the parcel that we had just deliberated on under the special permit. And
it is, again, identified with a black outline. I won't go into great detail. Again, sorry, about the
darkness, but this is the particular area. It's undeveloped at this time. It's directly next to the
water bottling facility. This does show the area of access. They're identified with the road line.
1
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The applicant is requesting the change of zone from Agricultural 5 acres to Family Agriculture
2 acres for 7.8 acres of land. The reason for the request is that the parcel is too big for the
proposed brewery and soft drink bottling facility. The applicant is proposing the change of zone
so they could subdivide this into three lots. This would allow different operators for the brewery
and the soft drink bottling facility. They are considering that the brewery could be split into two
components. One would be a micro brewery for beer and the other could possibly be for sake.
The Planning Department is recommending that the Planning Commission send a favorable
recommendation with conditions to the Hawai'i County Council. Are there any questions?
WOODWARD:
Thank you. Any questions for Jeff? No. Seeing none, okay, Mr. Fuke.
FUKE: Mr. Chairman, I guess I've stated it earlier by way of -. My identification,
again, Sidney Fuke, Planning Consultant representing the applicant. My only request is that the
testimony provided in the previous application be applied to this as well because I understand
that the hearing transcript (SEE EXHIBIT 1) gets transmitted to the Council. So in the interest
of brevity I would just not say anything more and just leave it that.
WOODWARD:
It shall be done.
FUKE:
Thank you.
WOODWARD:
And do we have any questions on this issue?
DARROW:
Mr. Chairman?
WOODWARD:
Yes.
DARROW:
conditions.
I'm sorry. Just one matter of clarification. We did send a new set of
WOODWARD:
got it.
Yes, I saw it, cause you had to cross, that's on the other one -. Yeah, we
DARROW:
Thank you.
WOODWARD: Okay. And nobody from the public has signed up, to testify. Do I hear a
motion? Commissioner Domingo.
DOMINGO: Mr. Chairman, regarding Hawaii Brewery Development Co., Inc., Change
of Zone Application 09-000107, I move that we send a favorable recommendation of approval to
the Council with the attached conditions as recommended.
KERN:
Second.
2
WOODWARD: All right. It has been moved and seconded. Any discussion?
Commissioner Iwashita.
IW ASHIT A: Yes. My standard community development plan concerns arise here. And
I guess I'm joining together with the Director's raising the question about, you know, doing the
Industrial change of zone. Because in my mind, you know, this is really what, it's either
Commercial or Industrial, really is what it should be. And, you know, we're basically, I guess as
I see it we're creating this little kind of Commercial/Industrial area here; and then if that's going
to be the case then it should be done in a more proper fashion, I guess. And by that I mean
incorporate with the community, in the community development plan, and that the proper
General Plan changes be made. You know, Mr. Fuke correctly points out that that would be the
process that's necessary in order to get to Commercial or Industrial zoning that would allow
these uses. And, basically by coming in with an over -, in at this point, it appears an overbroad
special permit application getting, you know, the approval for the 17 acres, and then now come
in after-the-fact and subdividing, doing an ag subdivision that allows Commercial/Industrial
use - it doesn't sit well with me in terms of how our planning process is supposed to work. So I
have reservations. Okay, those are my reservations.
And I really think that, you know, we do want to, I do want to encourage good development.
And it should be done, in my mind, in the proper way, so that is my concern. I mean the
business plan sounds great, you know, in terms of dividing this up and getting venture capital to
support these different businesses. It's just that from a public policy perspective in terms of land
use planning this is a sort of a, well, never saw it done this way before. Okay? That's my main
concern. And so that's my caution and reservation. Thank you, Mr. Chair.
WOODWARD: Okay, thank you, Commissioner Iwashita. Any further comments? All
right, seeing none, Jeff, we'll take the vote, please.
DARROW: Thank you, Mr. Chairman. The motion before us is to send a favorable
recommendation to the Hawai'i County Council for this application. With that I'll take the roll.
Commissioner Domingo?
DOMINGO: Aye.
DARROW: Commissioner Kern?
KERN: Aye.
DARROW: Commissioner Ishibashi?
ISHIBASHI: Aye.
DARROW: Commissioner Iwashita?
IW ASHIT A: No.
3
DARROW:
Mr. Chairman?
WOODWARD:
Aye.
DARROW:
The motion passes four to one.
WOODWARD:
All right, thank you.
FUKE:
Thank you.
WOODWARD: We will give a favorable recommendation. You'll receive a letter in the
mail about the other issue, the amendment to your special permit.
FUKE:
Thank you.
The discussion ended at 12:14 p.m.
Respectfully submitted,
cJiQt'--~~ y"\-t ~ Vl~VV\..A---
Sharon M. Nomura, Secretary
Windward Planning Commission
4
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WINDWARD PLANNING COMMISSION
COUNTY OF HAW AI'I
HEARING TRANSCRIPT
DECEMBER 4, 2009
A regularly advertised hearing on the application ofHA W All BREWERY DEVELOPMENT
CO., INC.'s SPP 842 was called to order at 11 :53 a.m. in the County of Hawai 'i, Aupuni Center
Conference Room, 101 Pauahi Street, Hilo, Hawai'i, with Chairman Rell Woodward presiding.
PRESENT:
Rell Woodward
Takashi Domingo
Andrew I washita
Zendo Kern
Shelly Ogata
Wallace Ishibashi
Brandon Gonzalez, Deputy Corporation Counsel
BJ Leithead Todd, Planning Director
Warren Lee, Director of Public Works
Norman Hayashi, Planning Program Manager
Phyllis Fujimoto, Staff Planner
Jeff Darrow, Staff Planner
Maija Cottle, Staff Planner
And 15 people from the public in attendance.
APPLICANT: HA WAil BREWERY DEVELOPMENT CO., INe. (SPP 842)
Amendment to Condition 5 (construction timetable) of Special Permit No. 842, which allowed
the establishment of a brewery, water and soft drink bottling facility on 14.5 acres of land within
the State Land Use Agricultural District. The property is located east of Highway 11 (Volcano
Highway) and north of Highway 130 (Keaau-Pahoa Highway), Keaau, Puna, Hawai'i,
TMK: 1-6-141: 1.
WOODWARD: We're on what is listed as Item Nos. 6 and 7. Applicant is Hawaii
Brewery Development Company. The first is an amendment to Condition 5 of Special Permit
No. 842, which allowed the establishment of a brewery, water and soft: drink bottling facility.
And the second is a Change of Zone, same company, Change of Zone from an Agricultural-5a
(A-5a) to a Family Agricultural2-acre (FA-2a) district for 7.8 acres ofland. Jeff.
DARROW: Thank you, Mr. Chairman. Ifit's okay with you if we could take each of
these individually?
WOODWARD: That's fine.
I
ATTACHMENT
DARROW: Thank you. Our applicantis Hawaii Brewery Development Co. Inc. They
are requesting an amendment to Condition No.5 of Special Permit No. 842. The location of this
application is within the Puna District ofHawai'i, more specifically we're looking at the general
Keaau area. The town center is located in this approximate area on the lower portion of the map.
On the upper right-hand or left-hand portion ofthe map we have Shipman Industrial Park. And
then running through the middle of the map we have the V o1cano Highway. Additionally we
have the Pahoa Bypass that has the main intersection in the middle of the map. The outline of
the property is identified in black. The zoning of the property identified in light green is
Agricultural 5 acres; and the surrounding darker green is Agricultural 20 acres. We do have
several properties in the vicinity that are of different zonings. We have Commercial zoning,
some Residential zoning in yellow, as well as some Family Agricultural zoning, Family Ag 1
acre and Family Ag 3 acres, in these general locations.
I apologize for the darkness ofthe map. This is an aerial photo. We have the V o1cano Highway
and the Pahoa Bypass, and in the center of it we show the location of this special permit. It does
show the existing water bottling facility identified in this area.
The applicant is requesting a five-year time extension to Condition No.5 which is the condition
that requires construction be completed by a certain amount of time for Special Permit No. 842.
It was originally approved in 1993 to allow the development of a brewery, water and soft bottle,
bottling facility, soft drink bottli~g facility, on 14.587 acres of land.
The Planning Department's recommendation is that the Planning Commission approve this with
the amended condition, that this timeframe would be from this second amendment with the five-
year extension. Are there any questions?
WOODWARD: Questions? Do you want to go on with the second one or you want it one
at a time completely separate?
DARROW:
Well, I have two presentations.
WOODWARD: Oh, all right. Okay, well, we'll just do it that way then. Mr. Fuke, I guess
you're in charge of the -. Being the representative, if! can swear you in. Do you swear or affirm
to tell the truth today before the Windward Planning Commission?
FUKE:
I do.
WOODWARD:
Okay, if you'll give us your name and address, and then your testimony,
Sir.
FUKE: Okay, thank you very much. My name is Sidney Fuke, I'm a planning
consultant. I am representing the applicant, Hawaii Brewery Development Corporation. My
business address is 100 Pauahi Street, Suite 212, Hilo, Hawai'i.
Basically, I'd like to just give a general background because as what the Chair had mentioned,
you know, these two applications are definitely related. And so I'd like to give you some general
2
A TT ACHMENT
background, and then maybe it will kind of facilitate your deliberation not only on this
application but the subsequent application.
In summary, the staffs recommendation and the proposed conditions on both applications were
reviewed by the applicant and found them to be acceptable. The applicant, Hawaii Brewery, the
principal is this guy named Marcus Bender. Mr. Bender, you know, he's right now, he
apologizes for his absence, he's in Asia right now. And I'll just give you some background as
far as like what he has done. He was one of the co-founders of the existing water bottling plant
that is currently in operation right now. It's called Hawaiian Springs. He has since sold off that
portion. He also was the developer, one of the co-founders and developer of the now defunct
restaurant brewery in Honolulu. It was called Blue Moon. Finally, after he sold it, then the new
operators, I guess, ran it for about a year; and it just kind of like closed down, maybe given the
market conditions or operational inefficiencies, I don't know the reason.
But the other thing that was kind of interesting, you know, over the last couple of years he went
to Viet Nam and he did this, he's one of the co-founders of this vodka. It's called KAI vodka. If
you see it in the market right now, KAIvodka. So, it's a very good one. It has lychee product
and all that kind of stuff. So he's a very interesting person to know. I found him to be very
interesting. Anyway, so, you know, he started this project. It was like a 14 some odd acre area.
He did the bottling portion; and then subsequently he sold off that portion, you know, he
relinquished his interest. There is a very deep well on the property that services the bottling
plant. And although the well is situated on the site, that's where the bottling plant is, it's kind of
like, you know, it abuts his property, and he reserved also the rights to that same water as well.
So his ultimate plan is, and so the special permit required the complete development of the entire
project, you know, not only the bottling but there was going to be a brewery and the visitor
facility. So he applied for the, a plan approval for the visitor facility and the brewery in, I
believe was in April of 2006, thereabouts. He got the approval. He was getting ready to apply
for the permit. But I think everybody knows over the last two or three years, you know, that the
market kind of fell off. So, and that's the reason why he needed this extension.
The reason why he's going for the change of zone, he wanted to create like 2-acre size
properties, so that his plan is to, of the remaining area that he controls which is like about 7
acres, he eventually wants to have like three different operational entities. One of which would
be, and it started at 10 o'clock, this is full but it's gone now. It's like this Vita-water that you
guys can kind of all see. You know, it's sold at different markets. So that's one of the kinds of
components, you know, vitamin type of water. The other one would be like his really heart, and
that is the standard brewery, the beer brewery, with the visitor facility. And the third one, he is
also thinking about doing the alcoholic beverage portion, which conceivable could be something
like this, you know, with alcohol inside or something along the line of his distillery, like the
vodka or like a sake. So he's looking at all these different options. But as he develops each
component, you know, with other investors, then there is a potential for him to be able to sell off
a portion. And so to be able to do that you need to have the land subdivided. But we can't
subdivide it under the current situation cause it's zoned five acres. With the 2-acre zone that
would make that possible.
3
ATTACHMENT
And we've reviewed also the conditions relative to the proposed change of zone, and the
applicant found them to be acceptable.
WOODWARD: Very good. Thank you, Mr. Fuke. Do we have any questions from
Commissioners? Commissioner Iwashita.
IW ASHIT A: Thank you, Mr. Chair. I'm not real clear on how the subdivision and the
special permit -. Are they supposed to work together?
FUKE:
Oh, okay.
IW ASHIT A:
I don't know -. How is that?
FUKE: See, the special permit was for a 14.5-acre area, and that was for a bottling
facility, a brewery and a distillery. And after the bottling facility was developed and he wanted
to sell off that portion, he came in for the change of zone from Ag-20 to Ag-5 so that, and
created this 5-acre parcel so that he could then sell off that portion. Now he has this remaining
area which is about like 7 acres in size. And his plan is to also do the same, his business plan is
the same way, you know, to co-develop the different components ofthe facility and be able to
sell off portions of it. But the only way you can sell off, you have to have the land subdivided.
You can'tget the subdivision without the change of zone.
IW ASHITA: I guess my question is then based upon your explanation, I still can't
understand like how, and maybe it's just limitation, lack of creativity, but how is it that you can,
will the special permit go with each separate parcel now?
FUKE:
My understanding is the special permit applies to all 14.5 acres ofland.
IWASHITA:
Yeah, but he doesn't own all 14.5 acres ofland.
FUKE: But the new owner is aware of like all' of the restrictions. Fortunately the
restrictions attendant, you know, restrictions imposed by the special permit for the bottling
facility, those conditions have all been comp1ieq with. If you look at the conditions for the
special permit, it kind oflike relate more to the visitors component and -.
IWASHITA: Yeah, I see that. But I guess my, what I'm trying to understand is how, if
you do this subdivision are we approving a special permit to allow all these different uses on,
you know, in the end, on three different parcels ofland?
LEITHEAD TODD: Mr. Chair?
WOODWARD:
Madam Director, yes.
LEITHEAD TODD: Since special permits run with the land it runs with the whole 14.9 acres.
Irrespective of whether you subdivide it out the permit covers all 14.9 acres. I guess the question
I had is -. Jeff, could you go back to the earlier map that shows the zoning ofthe other
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properties? You know I'm just wondering whether there was any analysis made, Mr. Fuke, by
your client given the fact that there was some recent Industrial zoning for, I think, a water
bottling company on that side of the highway, whether that would have been, perhaps, a more
appropriate route to go rather than the FamilyAg 2.
FUKE: That was a consideration. However, that would have required like a
General Plan Amendment and perhaps some amendment to the Puna Community Development
Plan.
The other thing too is that in the, well, unlikely event that the project does not materialize then
having these two acre lots could still be used like Residentially Ag, Family Agricultural, you
know, which would be generally consistent with that area. Cause that area on the General Plan
as I understand is presently designated Low Density Urban.
WOODWARD: All right, any further questions? Okay, we have nobody signed up to
testify. Okay, do we have a motion? Commissioner Iwashita.
IW ASHIT A: With regard to Item No.6 on the Agenda, Hawaii Brewery Development
Co., Inc., SPP 842, amendment to Condition 5 ( construction timetable) of Special Permit No.
842, which allowed the establishment of a brewery, water and soft drink bottling facility on 14.5
acres ofland within the State Land Use Agricultural District, I move that the application be
approved.
WOODWARD:
Okay, thank you.
DOMINGO:
Second.
WOODWARD:
Second?
DOMINGO:
Yes.
WOODWARD:
All right. We have a motion and a second. Any discussion? Okay, Jeff.
DARROW: Thank you, Mr. Chairman. The motion before us is to approve this
amendment request for Special Permit 842. With that I'll take the roll. Commissioner Iwashita?
IWASHITA:
Yes.
DARROW:
Commissioner Domingo?
DOMINGO:
Aye.
DARROW:
Commissioner Ishibashi?
ISHIBASHI:
Aye.
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DARROW:
KERN:
DARROW:
WOODWARD:
DARROW:
WOODWARD:
Commissioner Kern?
Aye.
And Mr. Chairman?
Aye.
The motion passes five to zero.
All right. Thank you.
The discussion ended at 12:06 p.m.
Respectfully submitted,
(~~~\.(VUVo-i \Y-. . V~)~ l~~,---,
Sharon M. Nomura, Secretary
Windward Planning Commission
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