HomeMy WebLinkAboutCOM 0753.000 2008-2010 Miv o \ •,
i .' ej L \• William '1'. Takaba
William P. o1 �. I� :fanaenigLar,v o-rr
Wally Lau
o_'rL't%' -. Depuo. Vmmgurg Director
County of Hawaii
K91 1'lulani Street • Hilo. Ilawai•i 9 10720 -3952 • 18n.1061 -8211 • Fax SOS19(1 -0
February 25, 2010 KONA 75 -5706 Kuakau Ihghway. Save 101 • Aailua -Kona. Hawa'i 90740
(8081329 -5226 • Fax t808) 3 26 -560;
r.,
Honorable J Yoshunoto, Chairman
and Members of the County Council ();
County of I-Iawal'r C 7.'.
25 Aupum Street – L rn
HIlo.111 9672(1 r
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-
Dear Chairman Yoshunoto and Members:
2:
G
/State Land Use Boundary Amendment Application (SLU 09- 000024) r
Request Agricultural to Urban — ry
Change of Zone Application (REZ 09- 000110)
Request: A -20a to MI r20
Applicant: Greenhouse Specialists. Inc
Fax Map Key. 1 -6 -152 18
Change of Zone Application (REZ., 09-000111)
Applicant. William and Glynis Dolan
Request A -la to CN -20
Tax Map Key 2 -3 -37:14
Change oCZonc Application (REZ 09- 000113)
Applicant: (.illhe Jane Silva
Request: A -1 a to CN-20
Fax Map Key: 2 -3 -37:6
Change of Zone Application (REZ 09- 000114)
Applicant: Vincent Tai
Request' RS -7 5 to RM-2 5
Tax Map Kev: 2 -4 -28 09 --....
As required by Chapter 4 Sec. 6- 4.3(C), Hawarr 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.
Suiri �
William P. Keno'
Mayor •
Enclosures
cc: Planning Department
{ 3� �l5 a- So- Comm. no. / C3
�o > Ref. To: r
Ref. Dote MAR 1 5 l�'
t`•R
�,tY O•N�
•
•
•
County of Hawaii
PLANNING COMMISSION
Aupum ern ler • 101 P Street, Sun' 3 • ILIA.. 11a %%v 96720
Phone (8(N) 'b LX -SS • Fax I8Oxr961 -■742
February 25,22010
The Honorable ,1 Yoshimoto, Chairman
and Members of the County Council
County of Flawai'i
25 Aupuni Street
Hilo, 1-11 96720
Dear Chairman Yoshimoto and Council Members:
State Land Use Boundary .Amendment Application (S11 09- 00002})
Request: Agricultural to Urban
Change of Zone Application (REZ 09- 000110)
•
Request: A -20a to ML -20
Applicant: Greenhouse Specialists, Inc.
Tax Map Kev: 1-6-152:18
The Windward Planning Commission at its duly held public hearing on February 5, 2010, wt
to recommend for your approval the proposed legislative bills for a State Land Use Boundary
Amendment from the Agricultural to Urban district and a Change of Zone from an Agricultural —
20 acres IA -2 to Limited Industrial 20,000 square feet (M1.-20) district for 1.646 acres of
land. The property is located on the southeast corner of the Kea'au Bypass Road and Milo Street
intersection, approximately one mile east of the Kea'au Town Center, Kea`au, Puna Hawaii
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the requests:
State Land Use Boundary Amendment
The approval of the reclassification from the State Land Use Agricultural to
the Urban District for approximately 1.640 acres will not be in violation of Section
205 -2, Chapter 205, Hawai`i Revised Statutes, nor will it be inconsistent with the
Land Use Commission Rules, the County General Plan and the Hawaii State Plan. '
Under the Land Use Commission Rules, one of the standards for considering an area for
//au at • z County c\ an Equal Oppa Provider and Employer
•
The 1lonorable .I Yoshimoto, Chairman
and Members of the County Council
Page 2
urban reclassification states that "In determining urban growth for the next ten years. or in
amending the boundary, land contiguous with existing urban areas shall he given more
consideration than non - contiguous land, and particularly when indicated for future urban
use on state or county general plans." Although the properties are not contiguous to
Urban designated lands, the project area lies directly across from an Urban district on the
west (Ulu Pono Town Center) and south, across the Kea'au-PShoa Bypass. The subject
properties have been used as a site for a greenhouse and nursery supply outlet facility and
related uses since 1996 under Special Permit No. 931.
The reclassification action also conforms to the goals, policies and standards of,
among others, the Land Use and Economic Elements of the General Plan. The General
Plan Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is
a representation of the document's goals, policies. standards and courses of action. It is
also a graphic depiction of the physical relationship between the various land uses and
establishes the basic urban and non -urban ibrm for areas within the County The subject
properties are in an area designated Industrial 011 the LUPAG Map. The Industrial
designation includes uses such as manufacturing and processing, wholesaling, large
storage and transportation facilities and light industrial uses. Since 1971, the area of the
old Puna Sugar Mill has been designated as Industrial in the LUPAG. During the 1989
General Plan Comprehensive Review, the Industrial designation was expanded by re-
designating lands in the vicinity from intensive Agricultural and Orchards to industrial.
This area was considered for industrial expansion as a variety of industrial uses were
established in the vicinity through the Special Permit process The County had
determined that the industrial designation would promote and encourage additional
utilization of the area. The applicant requests a concurrent Change of Zone from an
• Agricultural (A -20a) to a Limited Industrial (ML -20) zoned district for 1.646 acres.
The reclassification action would he consistent with the goals, objectives and
policies of the Hawaii State Plan and Puna Community Development Plan by providing
future 'employment opportunities and improved living standards and stimulating the
development and expansion of economic activities.
The Urban classification conforms to the standard that the development is
within reasonable proximity to centers of trading and employment and to basic
services such as schools, police and fire protection, transportation systems and
water. The property is located Tess than one mile from the village retail and employment
center of Kea'au. Schools and medical, police and fire services are also located within
Kea'au. According to the Department of Water Supply. water is available to the site from
an existing 8-inch and 12 -inch waterlines within Milo Street fronting the parcel. There is
no municipal sewer system in the area. There is an existing cesspool for wastewater.
•
The Honorable .1 Yoshimoto, Chairman
and Members of the County Council •
Page 3
which complies with all applicable Department of Health rules and regulations. The
applicant states that upon construction of the retail garden center, a septic wastewater
treatment system meeting the Department of Health and Environmental Protection
Agency standards will be installed.
Urban Districts shall include lands characterized by "city -like" concentration
of people, structures, streets, urban level of services and other related land uses.
Several commercial and industrial uses have been established over the years on
surrounding properties and the subject properties through special permits. Recently large
areas of land north of the Milo Street extension and east of the Kea'au -Pahoa Bypass
have been reclassified from the Agricultural to the Urban district, and rezoned from
agricultural to industrial or mixed commercial-industrial. As industrial and industrial -
commercial uses already exist in the immediate area, the urbanization of the project site
will not contribute towards scattered urban development.
There are no severe geological or topographical problems which cannot be
properly rectified or which would render the land unusable. The U.S. Federal
Emergency Management Agency designates the property as Zone "X areas outside of
the 500 -year flood plain. The property is located over three miles from the shoreline, at
an elevation of about 300 feet above sca level and are fairly level. All project generated
runoff will be disposed of on -site to avoid any negative impact to surrounding properties
Thus, the reclassification meets with the standard which states that the lands included
• within the urban district "....shall he those with satisfactory topography and drainage and
reasonably free from the danger of floods, tsunami and unstable soil conditions and other
adverse environmental effects."
While the property is within the State Land Use Agricultural and County's
Agricultural (A -20a) zoned district, it is not currently being used for active agricultural
purposes. The property is improved with a 4.000 square foot sales otficeiwarchouse and
loading bay, along with a 192 -square loot storage arca. The greenhouse and nursery
supply operation will he relocated to the proposed new 5,000 square foot building. The
existing office and warehouse facility will then he used for the applicant's retail nursery
and garden supply store. The State of l- I.aw:u'i ALISI I Map classifies the subject property
as Prime Agricultural Land. The Land Use Study Bureau's Overall Master Productivity
Rating for the soils in the arca is "C" or "Fair." Surrounding properties to the west and
south are in the State Land Use Urban district and zoned MCX-20 (rezoned in I998).
• ML -20 (rezoned in 2004), and Single - Family Residential across from the Kccau Bypass
Road. Properties to the north and east are in the State Land Use Agricultural district and
zoned .A -20a. The Ulupono Town Center is located across the project site to the west.
The [Hawaii Right to Farm Act, HRS chapter 165, was enacted to protect fanning
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The Honorable .1 Yoshimoto, Chairman
and Members of the County Council
Page 4
operations on land in the State Land Use Agricultural District when adjacent land is
reclassified out of the Agricultural District. A condition of approval will require the
applicant notify prospective purchasers. tenants or lessees of the I lawai'i Right to Farm
Act. Therefore, the reclassification of this 1 646 -acre area from the Agricultural to the
Urban designation will not he detrimental to the reduction of this area from the
agricultural land inventory in the County of I- Iawai'i. Furthermore, an Urban
classification would complement the existing and future land use pattern of the
surrounding area in view of the urban uses already in existence in close proximity to the
property.
Based on the above, the approval of the State Land Use Boundary Amendment
from the Agricultural to the Urban District complements the State Land Use District
Regulations and County General Plan and is supportive of the Hawai`i State Plan.
Change of Zone
The applicant requests a Change of Zone from Agricultural - 20 acres (A -20a) to
Limited Industrial - 20,000 square feet (ML -20) for approximately 1.646 acres of land
The applicant intends to expand the existing greenhouse and nursery supply outlet facility
allowed under Special Permit No. 931 to allow the sale of retail garden supplies, tools,
plants and related nursery supplies. As such, the applicant wishes to reclassify and rezone
the parcel to a more appropriate zoning district rather than seek an amendment to the
Special Nana. Proposed improvements include:
• a new 5,000 square foot storage building with a 20 -foot overhang to provide 2.000
square feet of additional outside covered storage and parking arca
. • additional parking stalls for a total of 17 standard and one handicapped parking
stall
• paving. as required on the site
The applicant has submitted a concurrent request for a State Land Use Boundary
Amendment from an Agricultural to an Urban district.
in order to consider an area for any type o 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
The Honorable .1 1'oshimoto, Chairman
and Members of the County Council
Page 5
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 he considered as they may have an Impact on similar areas in the
County.
The Change of Zone request from A -20a to ML -20 conforms to the goals,
policies and standards of the General Plan and Puna Community Development
Plan. The General .Plan Is Intended to be used as a policy guide for the coordinated
growth and development of all sectors of the County. It sets forth goals, policies,
standards and courses of action to accommodate growth without congestion. to designate
and presen•c the lands needed for residential use. commercial and visitor services,
industry, agriculture and open space, and to coordinate these uses with the County's
service and circulation systems. The overall goals, policies and standards are set forth to
physically plan the lands in the County in the hest interest of the island's residents. The
Puna Community Development Plan translates the broad General Plan statements to
specific actions for the Puna district. The Puna district in general lacks industrial areas
suitable for small -scale Industry. Nearby Shipman Industrial Park contains large lots that
cater more to large-scale industrial uses. The General Plan Course of Action for Puna
states "identify sites suitable for future Industrial activities as the need arises." An action
of the Puna Community Development Plan would be achieved by the proposed project in
that it would provide jobs to Puna residents and support the goals of the Enterprise Zone
program.
The proposed change of zone conforms to the General Plan Land Use Pattern
Allocation Guide (LUPAG) Map. The Land Use Pattern Allocation Guide (LUPAG)
Map component of the General Plan is a representation of the document's goals and
policies to guide the coordinated growth and development of the County. It reflects a
graphic depiction of the physical relationship among the various land uses. The LUPAG
Map establishes the basic urban and non -urban form for areas within the County. The
property is designated industrial, which includes uses such as manufacturing and
processing, Nvholesahng. large storage and transportation facilities, light industrial and
industrial- commercial uses.
• The ALISH Map Identifies the property as Prime Agricultural Land and the Land
Study Bureau's Productivity rating for the site is "C" or "Fair." The property is improved
with a 4,000 square foot sales office /warehouse and loading bay, along with a 192- square
foot storage area. The greenhouse and nursery supply operation will be relocated to the
proposed new 5,000 square foot building. The property has not been in intensive
agricultural use, as it is currently the site of a warehouse and office facility. Surrounding
properties to the west and south are in the State Land Use Urban district and zoned MC \-
The Honorable 1 Yosh,moto, Chairman
and Members of the County Council
Page 6
20 (rezoned in 1998), ML -20 (rezoned in 2004), and Single- Family Residential across
from the Keeau Bypass Road. Properties to the north and east are in the State Land Use
Agricultural district and zoned A -20a. The IJlupono Town Center is located across the
project site to the west. The I lawai'i Right to Farm Act, HRS chapter 165, was enacted
to protect farming operations on land in the State Land Use Agricultural District when
adjacent land is reclassified out of the Agricultural District. A condition of approval will
require the applicant notify prospective purchasers. tenants or lessees of the Hawai`i
Right to Farm Act. Therefore, the requested Limited industrial zoning is consistent with
the I.UPAG Map.
411 utilities and services are available to the site. According to the Department
of Water Supply, water is available from existing 8 -inch and 12 -inch waterlines within
Milo Street fronting the parcel. A condition of approval will be included to submit daily
water usage calculations to the Department of Water Supply 'There is an existing
cesspool for wastewater, which complies with all applicable Department of Health rules
and regulations. The applicant states that upon construction ofthe retail garden center, a
septic wastewater treatment system meeting the Department of l lealth and Environmental
Protection Agency standards will be installed Solid waste will he disposed of at
appropriate sites designated by the Department of Fnvironmental Management.
Electricity and telephone services are available to the site. All essential utilities are
available to the project site. Police and lire services are available a mile from the site, in
Kea'au. Medical services are available at Hilo Medical Center.
Access to the project site is by an existing 27 -foot wide paved driveway off Milo
Street. According to the Department of Public Works, the portion of Milo Street that is
privately owned (TMK: 1 -6 -152: 26) fronting the subject property is currently under
consideration Tor dedication to the County. The existing Milo Street right -of -way width
from Kea'au-Pahoa Road Bypass is 8(1 feet (State owned). then 40 reet (TMK: 1 -6 -152:
26). The DPW recommends improvements to the property's Milo Street frontage
consisting of but not limited to, pavement tt•idening with concrete curb, gutter and
sidewalk, drainage improvements and any required utility relocation meeting the
requirements of the Americans with Disabilities Act. The improvements will he required
to be located within any future road widening setback.
A condition of approval will be added requiring the applicant to construct
roadway improvements along the property's frontage on Milo Street consisting of but not
limited to, pavement widening with concrete curb, gutter and sidewalk, drainage
improvements, and any required utility relocation. A condition is added to require the
applicant to widen the portion of Milo Street fronting the properly ( "FMK: 1 -6 -152: 26) an
additional 40 feet to align with the approximately 80 -foot wide State - owned portion of
The Honorable ,l Yoshimoto, Chairman
and Members of the County Council
Page 7
Milo Street. Additionally, a condition of approval will be added that no home
improvement centers are allowed, to avoid a potential increase in traffic not consistent
with the plans presented in the application 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 ", areas determined to he outside the
500 -year tloodplam. All development generated stone run -off shall be disposed ofon-
site and not allowed onto adjacent properties or roadways.
The request is not contrary to Chapter 205A, fiawai•i Revised Statues,
relating to Coastal Zone Management. The subject property is not in the Special
Management area, located more than three rules from the shoreline and will not be
impacted by coastal hazards or affect beach erosion, coastal ecosystems and marine
resources. There is no record of a designated public access to the shoreline or mountain
areas that traverses the property. According to the applicant, no valued cultural or natural
resources exist on the site and there is no evidence of any traditional and customary
Native I lawaiian rights being practiced on the property. No formal archaeological study
was conducted of the site. By letter dated June 22, 2009, the DLNR -SHPD indicated that
no historic properties will be affected by the proposed project. Thus, the proposed
request is not contrary to Chapter 205A. I lawai'i Revised Statutes.
Rased on the above, approval of this change of zone request from an
Agricultural 20 -acre (A -20a) to a Limited Industrial - 20,000 square feet (M 20)
zoned district would result in an appropriate land use pattern that is consistent with
the General Plan, and will further benefit the general public.
For your favorable consideration, amendments to the State Land Usc Boundaries Maps and
Section 25 -8 -22 (Puna District Zone Map) of the County Zoning Code arc transmitted.
•
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•
•
The Honorable .1 Yoshimoto, Chairman
and Members of the County Council
Page 8
We are enclosing copies of the staflBackground and Planning Director's Recommendation for
your intbrmation
Sincerely..
74,e1
Rell Woodward, Chairman
Windward Planning Commission
1 .green Iiuusespcci ahstsn'_ PC
Enclosures
cc: Thomas L.H. Ych, Esq.
Greenhouse Specialists, Inc.
Department of Public Works
Department of Water Supply
Department ofLand Natural Resources -HPD
DOT - Highways, llonolulu
Lincoln Ashida, Esq., Corporation Counsel
•
BGreenhouseSpc cSLC R EZ doc -I /21 /10
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
GREENHOUSE SPECIALISTS, INC.
STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 09 -24)
CHANGE OF ZONE APPLICATION (REZ 09- 000110)
GREENHOUSE SPECIALISTS, INC. has submitted applications for a State Land Use
Boundary Amendment from Agricultural to Urban and a Change of Zone from Agricultural - 20
acres (A -20a) to Limited Industrial - 20,000 square feet (ML -20) for approximately 1.646 acres
of land. The property is located on the southeast corner of the Kea'au Bypass Road and Milo
Street intersection, approximately one mile east of the Keaau Town Center, Keaau, Puna,
Hawaii, TMK: 1 -6 -152: 18.
PROPOSED ACTION
1. Request: State Land Use Boundary Amendment from Agricultural to Urban and a
Change of Zone from Agricultural - 20 acres (A -20a) to Limited Industrial - 20,000
square feet (ML -20) for approximately 1.646 acres of land. The applicant intends to
expand the existing greenhouse and nursery supply outlet facility allowed under Special
Permit No. 931 to allow the sale of retail garden supplies. tools, plants and related
nursery supplies. As such, the applicant wishes to reclassify and rezone the parcel to a
more appropriate zoning district rather than seek an amendment to the Special Permit.
Proposed improvements include:
• a new 5,000 square foot storage building with a 20 -foot overhang to provide
2,000 square feet of additional outside covered storage and parking area
• additional parking stalls for a total of 17 standard and one handicapped parking
stall
• paving, as required on the site
(Planning Department Exhibit 1 - State Land Use Boundary Amendment and
Change of Zone applications)
2. Construction Timetable and Cost: The project will be developed upon receipt of all
necessary permits. Completion is proposed by mid -2011 at an estimated cost of
ATTACH: Cam. 753
Bills 225 & 226
$188,000 to $250,000.
3. Landowner: Greenhouse Specialists, Inc.
OTHER INFORMATION
4. Special Permit No. 931: Approved on March 8, 1996 to allow the establishment of a
greenhouse and nursery supply outlet.
STATE AND COUNTY PLANS
5. State Land Use Designation: Agricultural
6. GP LUPAG Map: Industrial.
7. County Zoning: A -20a.
8. Puna Community Development Plan: Adopted September 10, 2008 under Ordinance
No. 08 116, the plan identifies Keaau as a regional town center consisting of areas for
community uses and regional uses (north of Highway 11). It also identifies various
opportunities for agricultural and economic development in Puna and actions to achieve
these opportunities. The project site is not specifically identified for any particular land
use in the plan.
9. Special Management Area (SMA): The property is located approximately 3.4 miles
from the coastline and not within the Special Management Area.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
10. Subject Property: The property is improved with a 4,000 square foot sales
office /warehouse and loading bay, along with a 192 - square foot storage area. The
greenhouse and nursery supply operation will be relocated to the proposed new 5,000
square foot building. The existing office and warehouse facility will then be used for the
applicant's retail nursery and garden supply store.
11. Surrounding Zoning/Land Uses: Surrounding properties to the west and south are in
the State Land Use Urban district and zoned MCX -20 (rezoned in 1998), MI; 20 (rezoned
in 2004), and Single- Fancily Residential across from the Keeau Bypass Road. Properties
to the north and east are in the State Land Use Agricultural district and zoned A -20a. The
Ulupono Town Center is located across the project site to the west.
12. ALISH: Prime Agricultural Land.
13. Land Study Bureau's Detailed Land Classification System: "C" or "Fair ".
14. U.S. Soil Survey: The soils on the site are classified as Ola'a Silty Clay Loam (OaC),
-2-
•
which consists of moderately deep , moderately tine soil that has rapid permeability, slow
runoff, and a light erosion hazard. This type of soil was formerly used for cultivating
sugarcane.
15. FEMA: Zone "X ", areas determined to be outside the 500 -year flood plain.
16. Flora /Fauna Resources: No formal flora/fauna study was conducted of the site. As the
property is improved with a greenhouse and nursery supply outlet facility, it is unlikely
that any rare, endangered or threatened floral or faunal species are in the area.
17. Archaeological Resources: No formal archaeological study was conducted of the site.
By letter dated June 22, 2009, the DLNR -SHPD indicated that no historic properties will
be affected by the proposed project.
18. Cultural or Native Gathering Rights: The applicant is not aware of any traditional
and /or customary Native Hawaiian rights being practiced on the site.
19. Public Access: None that traverses the property.
20. Traffic: The applicant included a Traffic Impact Analysis Report (TIAR) for the
proposed project dated September, 2009. The report analyzed impacts of the proposed
project and recommended mitigating measures, if appropriate, and analyzed various
intersections including the Milo Street/Kea`au -Pahoa Bypass and Kea'au -Pahoa Bypass/
Highway 11 intersection. The study concluded that the proposed project will generate "a
small number of new trips — less than 30 per hour — during the morning and afternoon
peak hours. The small volume of trips is not expected to change traffic operations at the
Highway 130/Milo Street and Highway 11/Highway 130 intersections in the year 2014.
This indicates that the proposed project would not have an adverse traffic impact at these
intersections."
PUBLIC UTILITIES AND SERVICES
21. Access: Access to the project site is by an existing 27 -foot wide paved driveway off
Milo Street. According to the Department of Public Works, the portion of Milo Street
that is privately owned (TMK: 1 -6 -152: 26) fronting the subject property is currently
under consideration for dedication to the County. The existing Milo Street right -of -way
width from Kea`au-Pahoa Road Bypass is 80 feet (State owned), then 40 feet (TMK: 1 -6-
152: 26). The DPW recommends improvements to the property's Milo Street frontage
consisting of, but not limited to, pavement widening with concrete curb, gutter and
-3-
sidewalk, drainage improvements and any required utility relocation meeting the
requirements of the Americans with Disabilities Act. The improvements will be required
to be located within any future road widening setback.
22. Water: According to the Department of Water Supply, water is available from existing
8 -inch and 12 -inch waterlines within Milo Street fronting the parcel.
23. Wastewater: There is no municipal sewer system in the area. 'There is an existing
cesspool for wastewater, which complies with all applicable Department of Health rules
and regulations. The applicant states that upon construction of the retail garden center, a
septic wastewater treatment system meeting the Department of Health and Environmental
Protection Agency standards will be installed.
24. Solid Waste: Solid waste will be disposed of at authorized County landfills or transfer
stations by commercial haulers.
25. Essential Utilities and Services: All essential utilities are available to the project site.
Police and fire services are available a mile from the site. in Keaau. Medical services are
available at Hilo Medical Center.
AGENCIES' COMMENTS
26. Department of Public Works: Planning Department Exhibit 2 - December 15, 2009
memo
27. Department of Water Supply: P. D. Exhibit 3 - December 18, 2009
28. Police Department: P. D. Exhibit 4 - November 30, 2009 memo
29. Fire Department: P. D. Exhibit 5 - December 10, 2009 memo
30. Department of Environmental Management: P. D. Exhibit 6 - November 20, 2009
memo
31. Department of Health: P. D. Exhibit 7 - November 24, 2009 memo
32. DLNR Historic Preservation Division: P. D. Exhibit 8 - January 8, 2010 letter
33. DLNR Land Division: P. D. Exhibit 9 - November 23, 2009 letter
34. Department of Transportation: P.D. Exhibit 10 - December 21, 2009 letter
AGENCIES AND ORGANIZATIONS - NO RESPONSES
35. Natural Resources Conservation Services, State Land Use Commission
APPLICANT'S RESPONSE TO AGENCIES' COMMENTS
36. P.D.. Exhibit 11 - January 15, 20101etters
-4-
PUBLIC COMMENTS
37. None as of this writing.
-5-
rr ,,.. ,;
STATE LAND USE DISTRICT
BOUNDARY AMENDMENT
CHANGE OF ZONE REQUEST
AGRICULTURAL TO URBAN
AGRICULTURAL TO LIMITED INDUSTRIAL
TMK No. (3) 1-6-152:018
Keaau, Puna District, Hawaii
Applicant:
Greenhouse Specialists, Inc.
16 -711 Milo Street
Keaau, Hawaii 96749
Prepared By:
Thomas L.H. Yeh
Tsukazaki Yeh & Moore
85 W. Lanikaula Street
Hilo, Hawaii 96720
October 2009
Planning Dept.
ExhibiU __.__—
Greenhouse Specialists, Inc. SLU Boundary Amendment & Change of Zone
CONTENTS
State Land Use District Boundary Amendment & Change of Zone Applications:
State Land Use District Boundary Amendment Application
•
Change of Zone Application
Departmental Zoning Questionnaire
. County Environmental & Background Report
•
Greenhouse Specialists, Inc. SLU Boundary Amendment & Change of "Lone
APPLICATION FOR STATE LAND USE DISTRICT BOUNDARY
AMENDMENT
State Land Use District Boundary Amendment Application Form
1
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• STATE LAND USE BOUNDARY AMENDMENT APPLICATION
(15 ACRES OR LESS)
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
PETITIONER: Greenhouse Specialists, Inc.
0 9
, f DATE: 10 /10124 PETITIONER'S SIGNATURE: v � y �df/- l/�j??�
ADDRESS: 16 -71 1 Milo Street
Kcaau, HI 96749 •
•
PETITIONER'S INTEREST IF NOT OWNER: N/A
TELEPHONE:(Bus.) (808) 982 -6565 (Res.) N/A (Fax) (808) 965 -6560
LANDOWNER(S): Greenhouse Specialists, Inc. In
LANDOWNER SIGNATURE(S): . 6')
n1 f4j. DATE: L0 /Z/ /0 9
(May be by letter)
ADDRESS: 16 -711 Milo Street
Keaau, HI 96749
TAX MAP KEY: (3) 1 -6 -152: 018
STREET ADDRESS OF PROPERTY: 16 -711 Milo Street: Keaau, HI 96749
•
ZONING: A -20a SIZE OF PROPERTY: 1.646 acres
CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural
REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Urban
AGENT Thomas L.H. Yeh, Esq
ADDRESS: Tsukazaki Yeh & Moore
85 W. Lanikaula Street
Hilo, HI 96720 •
TELEPHONE:(Bus.) (808) 961 -0055 (Res) N/A (Fax) (808) 969 -1531
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL Thomas L.H. Yeh, Esq. COPIES: Greenhouse Specialists, Inc.
Greenhouse Specialists, Inc. SLIT Boundary A mendment & Change of Zone
APPLICATION FOR CHANGE OF ZONE
Change of Zone Application Form
•
•
CHANGE OF ZONE APPLICATION
•
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT:Greenhouse Specialists, Inc.
APPLICANT'S SIGNATURE: ; �Jl': -1fll' sj. DATE: /
ADDRESS: 16 -711 Milo Street
Keaau, HI 96749
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LIST APPLICANT'S INTEREST IF NOT OWNER:
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: See Attached
PHONE: (Bus.) (808) 982 -6565 (Res.) N/A (Fax) (808) 965 -6560
. LANDOWNER(S): Greenhouse Specialists, Inc. ,
LANDOWNER SIGNATURE(S): �1�6 %; �t /` %� DATE: 1
(May be by letter)
LANDOWNER(S) ADDRESS: 16 -711 Milo Street
Keaau, HI 96749 •
REQUEST: A -20a TO ML -20
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: (3) 1 -6 -152: 018
STREET ADDRESS OF PROPERTY: 16 -711 Milo Street
Keaau, HI 96749
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 1.646 acres
AGENT: Thomas L.H. Yeh, Esq.
ADDRESS: Tsukazaki Yeh & Moore
•
85 W. Lanikaula Street
Hilo, HI 96720
• TELEPHONE:(Bus.) (808) 961 -0055 (Res.) N/A (Fax) (808) 969 -1531
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Thomas L.H. Yeh COPIES: Greenhouse Specialists, Inc.
GREENHOUSE SPECIALISTS, INC. — OFFICERS
-1. Donald Seaton: President
Secretary
Treasurer
2. Scott Seaton: Vice President
Director
3. Thomas Seaton: Director
4. Julie Inginan: Director
5. Donna Smith: Director
6. Phillip Seaton: Director
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Greenhouse Specialists, Inc. .SLU Boundary .4mardnrent& ChangetfZone
APPLICATION FOR CHANGE OF ZONE
Departmental Zoning Questionnaire
ATTACi iMIENT
Commercial, RIy1, Resort & industrial
PLANNING DEPARTMENT
COUNTY OF HAWAII
• APPLICATION FOR CHANGE OF ZONE
1 If your request is approved, do you intend to subdivide the subject land in accordance
with the approved change of zone?
No
If yes, please answer the rest of question 1 and then to question 3
• a. I low many acres of the requested area do you intend to subdivide?
h. into what lot size;'
c. If your request to subdivide. approximately how long after the date of approval
do you expect to subnut your subdivision plans to the Planning Department for
preliminary approval?
If you intend to subdivide, please submit a preliminary schematic subdivision plan
together with your change of zone application form.
2. If you have no firm plans of subdividing the subject area. do you intend to:
a. Sell or lease the land to someone who has finn plans?
b. Sell or lease the land to someone who has tentative plans'
c. Sell or lease the land to someone who has no plant
• d Keep it? Yes
c Other (please state)
f. if you intend to do either a , b, or c. please elaborate on the kind of plans the
other party has Please. also, include m your answer approximately how soon
after approval of your rezoning do you expect to transfer the subject land to
• another party
3 What specific building plans do you have for the subject land? include in your answer
the following type of building (apartment, office, launderette. etc.); financing
arrangement, timetable for construction; and any other information which you feel might
• help us in evaluating your request.
Applicant intends to expand its existing greenhouse and nursery simply outlet facility allowed
under Special Permit No. 931 to include the ability to sell retail garden supplies. tools and plants
and related accessory uses. proposed include a 5.000 square foot storage
building with a 20 -foot overhang to provide 2,000 square feet of additional outside covered
storagc_and parking area: additional parking stalls. which will bring the total to 17 regular parking
stalls and one handicapped parking stall; and additional paving throughout the Site.
4. I lave you perforned any study which would demonstrate a need for your proposed building .
and/or development?
No
If so, please elaborate on your findings in the space provided below.
5. Have you performed any study which discusses the environmental Impacts your request
would have on the surrounding area and/or the County?
No
If so, please elaborate on your findings in the space provided below.
• 6. Are there any buildings on the subject area? _ Yes .
•
If so. what kind?
Current improvements Include a 4.000 square foot sales office /warehouse and loading
bay. along with a 192 square foot storage area. Upon completion of the 5,000 square foot
improvements. the Applicant's greenhouse and nursery supply operation will he relocated
to that building. •
What do you intend to do with those buildings if your request is approved''
• The existing office and warehouse facility will then he used for the Applicants retail
• nursery and garden supply store.
7 Is the subject currently being used for any agricultural activity? . No
If so, please list the kinds of products grown on and how many square feet or acres of
land per product
8. To your knowledge, has there been any flooding ancVor drainage problem on the subject
area?
No
If so. please describe the problem.
9 Do you think the roads leading to the subject area need Improvement? • No
If so, what knd9
Is the road adequate for the proposed traffic volume or load? Yes
10. What sort of govenunental assistance and/or improvements do you feel will he needed in
the subject area when developed?
NO YES
a. Schools No
b. Roads No
c. Sewer • No
d. Drainage No
e. Police Protection No
Fire Protection No
g. Recreational Facilities No
For those checked "yes ", please elaborate what type or kinds of improvements and/or assistance
are needed.
11. Have you performed any historic sites study and/or survey of the subject area? If so,
what were the results? Please, also, submit a copy of the study together with this change
of zone supplement
No study or survey was conducted However. the subject property has been extensively
developed and used for commercial purposes for some tune. Prior to its current use. it
was used for ar_•nculturat purposes By letter dated June 22, 2009, the Department of
Land and Natural Resources — Historic Preservation Division has determined that the
proposed State land use reclassification and associated change of zone will have no effect
on any histonc site or property. Please see Exhibit 2 of the subiect applications.
Signature: � ids ii .42,-
Address: _ I K 7] I._ p S ._-
I in e t 03
Telephone. - 1 h 2-405
Date: . . ...
Greenhouse Specialists, Inc. SLU Boundary Amendment & Change of Zone
APPLICATION FOR CHANCE OF ZONE
County Environmental & Background Report
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• Greenhouse Specialists, Inc. SL D' Boundary Amendment Orange of Zone
County Environmental & Background Report
DETAILS OF PROPOSED USE /DEVELOPMENT:
Project Description
The applicant, Greenhouse Specialists, Inc. ( "Applicant "), requests a State land use
district boundary amendment from the State land use agricultural district ( "Agricultural
District ") to the State land use urban district ("Urban District ") and an associated change
of zone from the Agricultural - 20 acre ( "A -20a ") zoning district to the Limited
Industrial - 20,000 square foot ( "ML -20 ") zoning district for an approximately 71,874 -
square foot (1.646 -acre) parcel. Applicant intends to expand its existing greenhouse and
nursery supply outlet facility allowed under Special Permit No. 931 ( "SP931 ") to include
the ability to sell retail garden supplies, tools and plants and related accessory uses
( "Project "). As such, Applicant wishes to reclassify and rezone the parcel to a more
appropriate zoning district rather than seek an amendment to the Special Permit each
time. Given the recent zoning and district boundary amendments in the vicinity and
• General Plan designation of the property, it also makes sense to make the zoning of the
properly consistent with the surrounding areas.
• The subject parcel is on the eastern side of the Keaau Bypass Road, located at the
southeast corner of the Keaau Bypass Road /Milo Street intersection. A Location Map is
attached as Figure 1. The parcel is more specifically identified as Tax Map Key
• ( "TMK ") No. (3) 1- 6- 152:018 ( "Property" or "Site "). The Property has been improved
• with a greenhouse and nursery supply outlet facility and related uses, as allowed under
SP931, approved by the Hawaii County Planning Commission in 1996. Access to the
Site would he via the existing 27 -foot wide driveway access on the northern end of the
Property's Milo Street frontage. The Site Plan is attached as Figure 2.
The Applicant intends to expand its current wholesale nursery supply operation to
• Include retail nursery and garden tools and supplies, as well as an onsite plant nursery for
plant sales. Current improvements include a 4,000 square foot sales office /warehouse
and loading bay, along with a 192 square foot storage area.
Upon completion of the 5,000 square foot improvements, the Applicant's greenhouse and
• nursery supply operation will be relocated to that building. The existing office and
warehouse facility will then be used for the Applicant's retail nursery and garden supply
store.
2. Statement of Objectives and Reasons for the Request •
Applicant's reason for requesting the State land use district boundary amendment and
associated change of zone is to allow the expansion of its existing operations to include
retail garden and nursery supplies without having to seek amendment to SP931. The Site
is appropriate for the requested classifications as all necessary utilities are presently
1
Greenhouse Specialists, Inc. SLU Boundary Amendment & Change of Zone
available; it is situated off of a major thoroughfare; and it is located within proximate to
other areas situated within the Urban District with zoning similar to the requested ML -20
zoning.
Applicant's objectives are as follows:
• To undertake the proposed expansion and develop the proposed improvements in
conformance with all applicable plans. policies and controls;
• To change the State land use district from the Agricultural District to the Urban
District and the zoning from A -20a to ML -20 to allow the expansion of
Applicant's existing operations; and
• • To construct additional improvements and related accessory uses suitable to meet
the needs of the proposed expansion.
3. Number of Acres /Square Feet
The Property is approximately 71,874 square feet in area, or 1.646 acres.
4. Proposed Units /Lots /Floor Area of Proposed Building Envelope
The proposed improvements include a 5,000 square foot storage building with a 20 -foot
overhang to provide 2,000 square feet of additional outside covered storage and parking
area; additional parking stalls, which will bring the total to 17 regular parking stalls and
one handicapped parking stall; and additional paving throughout the Site.
5. Timeframe and Cost
Construction is anticipated to begin upon completion of the receipt of plan approval and
other necessary construction related permits. Circumstances permitting, the Applicant
wishes to commence construction by late 2010, with completion by mid-2011. The
estimated cost of developing the proposed facility is between $188,000 and $250.000.
6. Membership Size/Number of Employees and Clientele •
The Applicant currently has 5 full time employees and 1 part time employee and expects
to hire an additional 4 employees in connection with the expansion. The hours of
operation relating to the proposed facility will not change from the current hours, which
are from 8:00 a.m. to 4:30 p.m., Monday through Friday.
•
7. Parking Arrangement
The existing facility has approximately 10 parking stalls. The proposed improvements
• include 8 new parking stalls, one which will be handicapped and 5 of which will be
covered.
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e Figure 1
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t /! ` STUDY Traffic Impact Analysis Report
/ INTERSECTIONS Greenhouse Specialists, Inc , Expansion TIAR
. z `� September 2009
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5
Greenhouse Specialists, Inc. St U Roundary Autenthnettt & Change of Zone
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6
Greenhouse Specialists, Inc. S/_U Boundary - 1n,eudtaeut & Change o17_one
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Greenhouse Specialists, Inc. SLU Boundary Amendment & Change of Zone
8. Traffic Impacts
The Property is well situated, and takes access from Milo Street. The Keaau Bypass
Road/Milo Street intersection is signalized, allowing safe and efficient movement of
vehicles through the area. Milo Street has a right of way of 60 feet from its intersection
with the Kcaau Bypass Road to Ulupono Center, to the east of the Project Site, where it
decreases to 40 feet. The pavement width of Milo Street is generally 24 feet.
A TiAR was prepared by AECOM Pacific, Inc. The findings of the TZAR are
summarized below. Please see Exhibit 1 for the complete TiAR.
Existing Roadways •
State Highway 130 (Keaau -Pahoa Road) is the major northwest - southeast arterial passing
through Puna. It extends from Keaau in the northwest to Pahoa in the southeast. The
northwest portion of Highway 130 is the Keaau -Pahoa Bypass Road that was completed
in the late 1990s on an alignment north of Keaau town. The bypass road intersects the
original Keaau -Pahoa Road alignment in the vicinity of "Roadway B" at the Keaau iligh
School. Highway 130 is a four -lane highway with separate left turn, acceleration, and
deceleration lanes at major intersections along this route. The major intersections at Milo
Street, Kukula Street, and "Roadway 13" are signalized. The posted speed limit on the
highway is 45 miles per hour (mph). The highway reduces to a two -lanc alignment
southwest of the intersection with "Roadway B." Highway 130 generally runs on a north -
south alignment from "Roadway B" to north of Milo Street, and then turns to an east-
. west alignment to intersect Highway 11 (Volcano Road).
State Highway 11 (Volcano Road) is a four -lane State highway generally running north-
south through the project area. This roadway is also known as the Hawaii Belt Road and
provides a southern route between Hilo and Kona. The posted speed limit is 45 mph. The
intersection of Highways 11 and 130 is signalized and channelized. There are two left
turn lanes from southbound Highway 11 to Highway 130. The two right turn lanes from
westbound Highway 130 to Highway 11 are not controlled by stop /yield signs or traffic
signals. They merge directly with the two northbound through lanes, crcating four
northbound lanes on Highway 11 that eventually merge into two through lanes.
Project Generated Tragic •
The project proposes to expand from a building area of 4,000 square feet to an area of
11,000 square feet, including 2,000 square feet of storage area beneath an overhang. The
overhang area is included in the trip generation forecasts as a conservative estimate. The
number of trips generated in the morning is forecast to increase from 5 to 14 vehicles per
hour (vph) due to the proposed project, resulting in a net increase of 9 trips per hour.
• Likewise, the number of afternoon peak hour trips is forecast to increase from 15 to 42, a
net increase of 27 trips. The gross volume of trips forecast to be generated by the project
expansion will be less than 50 vph.
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Greenhouse Specialists, Inc. SL U Boundary Amendment mendment & Change of Zone
Level of Service
The highway 130 /Milo Street intersection is currently operating at level of service A in
both of the peak hours with school traffic; although the Highway 130 southbound left
turn lane is operating at a minimally acceptable level of service D in the morning peak.
• The intersection is forecast to operate at level of service B for the 2014 ambient morning
peak hour and at level of service A for the afternoon peak hour. The left turn lanes on the
Milo Street approach and the Highway 130 southbound are forecast to operate at a
minimally acceptable level of service D in both peak hours in 2014. The additional traffic
generated by the proposed project is not expected to change these results. This result
indicates that the proposed project would not have an adverse traffic impact at this
intersection.
The additional traflic generated by the proposed project will be minimal and is not
expected to change these results in both peak hours. Moreover, providing the proposed
retain garden supply service /store in this area should help to reduce some of the
increasing traflic burden of the area.
Conclusion
The proposed nursery expansion project is forecast to generate a small number of
additional (new) trips (less than 30 per hour) during the morning and afternoon peak
hours. The small intersection volume of trips is not expected to change traffic operations
at the Highway 130 /Milo Street and may serve to reduce traffic level at Highway
11 /Highway 130 intersection in the year 2014. The proposed project would not have an
adverse traffic impact at these intersections. As such, the TZAR does not include any
. recommendations for mitigation measures.
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9. Proposed On -Site and Off -Site Infrastructure
The Site is already well served by all necessary utilities via overhead lines on Milo
Street. It has an existing 27 -fbot driveway that is sufficient to accommodate the
proposed Project.
11. CONFORMANCE WITH STATE /COUNTY PLANS
10. State Land Use Designation
The State Land Use District Classification for the Property is Agricultural. A State land
use district boundary amendment from the Agricultural District to the Urban District is
part of the subject request.
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Greenhouse Specialists, Inc. SL 11 Boundary Amendment & Change of lone
Relationship to State Land Use Urban District Standards
Section 15 -15 -18 of the State Land Use Commission's Rules provides standards for
determining the Urban District boundaries. The Project's conformance with such rules
follows below: •
A. it shall include lands characterized by "city- like" concentrations of
people, structures, streets, urban level of services and other related land
uses;
Although the Property is somewhat removed from the listed "City- Like"
characteristics, the general area, including Keaau Village, is characterized by
a concentration of people, strictures, streets, and rural /urban level of services.
Keaau Village is less than 0.5 miles from the subject arca and has a variety of
existing land uses, including single and multi- family residential and
commercial.
B. It shall take into consideration the following specific factors: 1) Proximity
to centers of trading and employment except where the development
would generate new centers of trading and employment; 2) Availability of
• basic services such as schools, parks, wastewater systems, solid waste
disposal, drainage, water, transportation systems, public utilities, and
police and fire protection; and 3) Sufficient reserve areas for foreseeable
urban growth.
The Sitc is proximate to centers of trading and employment. it is within an
area where there are existing commercial or industrial uses. Keaau Village is
the regional town center for a large portion of the Puna District, and, as such,
is a center of trading and employment. Basic services, including schools,
parks. water, transportation systems, public utilities and police and fire
protection are all available within and around Keaau Village. There is no
municipal sewer system currently serving Keaau Village. The Keaau Transfer
Station is located approximately 1.8 miles to the south of the Site; however.
the Applicant acknowledges that industrial waste is prohibited from being
disposed of at County transfer stations. The subject request for
reclassification will not create any new reserve area for urban growth as it is
intended for use only by the Applicant and the expansion of Applicant's
current operations. However, there are existing Urban District classified lands
across Milo Street from the Property that are zoned Limited Industrial and
Industrial- Commercial Mixed Use that have not yet been developed and are
•
available.
• C. it shall include lands with satisfactory topography, drainage, and
reasonably free from the danger of any flood, tsunami, unstable soil
condition, and other adverse environmental effects.
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Greenhouse Specialists, Inc. SLU Boundary Amendment & Change of Zone
The topography of the Site is relatively flat, due to previous development.
The Property is impacted by the presence of a drainage culvert that goes under
Highway 130 and abuts the western boundary of the Property. The existing
parking lot fronting Milo Street and the existing warehouse /office has been
designed to channel discharge from the culvert to an open drainage sump on
the Site that is located approximately in the center of the its Milo Street
frontage. The Site is situated within Flood Zone "X" and since the Property's
• development by Applicant, flooding has never been an issue. As the Site is
• located approximately 3.4 miles from the coast, it is reasonably free from the
threat of tsunami. Applicant has not witnessed any instance of unstable soil
•
condition or other adverse environmental effects.
D. Land contiguous with existing urban areas shall be given more
consideration than non - contiguous land, and particularly when indicated
for future urban use on state or county general plans.
• The Property is contiguous to other Urban District lands to the north, directly
across Milo Street, and to the west, directly across the Keaau Bypass Road.
The General Plan has designated the Property as well as lands to the north and
northeast as Industrial; lands surrounding the Property to the south and west
as Low Density Urban; lands in and directly around the Keaau Village Core
as Medium Density Urban; and lands to the west and north of the Village
Core as Urban Expansion. Lands to the east of the Property have been
designated as Important Agricultural Lands.
E. It shall include lands in appropriate locations for new urban
concentrations and shall give consideration to areas of urban growth as
shown on the state and county general plans.
The requested reclassification will not create a new urban concentration as the
Property is being used and will continue to be used by the Applicant in
relation to its existing nursery supply outlet and proposed expansion.
However, there are lands to the north that are presently situated within the
Urban District that are vacant and have been designated by the General Plan
as Industrial.
F. It shall not include lands, the urbanization of which will contribute
toward scattered spot urban development, necessitating unreasonable
investment in public infrastructure or support services.
The proposed urbanization of the Property will not contribute to scattered spot
urban development, as the Property is contiguous to existing Urban District
lands. Also, all necessary public infrastructure and support services are
• readily available to the Site.
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G. It may include lands with a general slope of twenty percent or more if the
commission finds that those lands are desirable and suitable for urban
purposes and that the design and construction controls, as adopted by
any federal, state, or county agency, are adequate to protect the public
health, welfare and safety, and the public's interests in the aesthetic
quality of the landscape.
The Property does not include lands with a slope of twenty percent. The Site
is relatively flat due to previous development.
11. Coastal Zone Management
The proposed Project is not contrary to the policies and objectives of Chapter 205A,
Coastal Zone Management Program. It is not a shorefront parcel and is located over 3.4
miles from the coast. The proposed Project will have no effect on public access to the
shoreline. It is not expected to significantly impact the scenic resources of the area
somewhat as the Property will be cleared and landscaped, potentially improving views of
Mauna Kea and Mauna Loa from the Property as well as surrounding areas. There is no
view ot'the coast from the Property. The Project is not expected to have any effect on
coastal ecosystems.
12. Hawaii State Plan
The ilaw•aii State Plan is intended to serve as a guide for the growth and future long -
range development of the State. Chapter 226, Hawaii Revised Statutes, provides the long
term goals and policies of the Hawaii State Plan. A discussion of the Project's
conformance to the applicable policies and goals of the ilawaii State Plan follows below.
Policies & Goals
• A strong, viable economy characterized by stability, diversity and growth that
enables the fulfillment of the needs and expectations of Hawaii's present and
future generations.
• A desired physical environment characterized by beauty, cleanliness, quite, stable
•
and natural systems, and uniqueness that enhances the mental and physical well-
being of the people.
• Physical, social and economic well -being for individuals and families that
• nourishes a sense of conununity responsibility and caring of participation in
family life.
•
Discussion
The proposed Project is in general conformance with these goals. If the requested
reclassification and change of zone are approved, the Project will contribute to the
County's overall tax base and increase both County and State revenues, as well as
complement and support other economic uses and thus contribute to the stability,
• diversity and growth of the local and regional econornics.
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The Project is not expected to have any significant adverse impact to environmental
resources and will not impact any site listed as a site or area of natural beauty. in the
General Plan. There arc not expected to be any significant impacts to surrounding
properties. All necessary infrastructure is readily available to the Site.
13. Hawaii County General Plan
The Property is presently designated as `Industrial" by the Hawaii County General Plan's
Land Use Pattern Allocation Guide ( "LUPAG ") Map. See July 14, 2008 letter from
Planning Department confirming this designation, Exhibit 2. This Industrial designation
is intended for uses such as manufacturing and processing, wholesaling, large storage and
• transportation facilities, light industrial and industrial- commercial uses. Adjacent
• LUPAG designations are Low Density Urban and important Agricultural Lands.
The proposed rezoning conforms with the following goals, policies and standards of the
Economic and Land Use Elements of the General Plan.
Economic Element:
Goals
(a) Provide residents with opportunities to improve their quality of life through
•
economic development that enhances the County's natural and social
environments.
(b) Economic development and improvement shall be in balance with the physical,
social, and cultural environs of the island of Hawaii.
(c) Strive for diversity and stability in the economic system.
(d) Provide an economic environment that allows new, expanded, or
improved economic opportunities that are compatible with the County's cultural,
natural and social environment.
(e) Strive for an economic climate that provides its residents an opportunity
for the choice of occupation.
• (t) Strive for diversification of the economy by strengthening existing
industries and attracting new endeavors.
Policies
(p) Identify the needs of the business community and take actions that are necessary
to improve the business climate.
•
Discussion:
•
• • The proposed rezoning furthers the County's goals of providing an economic
environment which allows new or existing businesses to expand and diversify the
County's economic base, and thereby also increase the choice of occupations. The
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Greenhouse Specialists, Inc. • SLU Boundary Amendment d Change of Zone
design of the proposed storage facility and related uses will make it compatible with the
• surrounding residential area, minimizing any potential social impacts.
• Flooding and Other Natural hazards:
Goals
• (a) Protect human life.
(b) Prevent damage to man -made improvements.
(c) Control pollution.
(d) Prevent damage from inundation.
(e) Reduce surface water and sediment runoff.
Policies
(a) Enact restrictive land use and building structure regulations in areas vulnerable to
severe damage due to the impact of wave action. Only uses that cannot he located
elsewhere due to public necessity and character, such as maritime activities and
the necessary public facilities and utilities, shall be allowed in these areas.
(b) Review land use policy as it relates to flood plain, high surf. and tsunami hazard
areas.
(c) Update and improve the Flood Insurance Rate Maps and other flood maps in •
compliance with the National Flood Insurance Program (NFIP) as needed.
(d) Any development within the Federal Emergency Management Agency designated
flood plain must be in compliance with Chapter 27.
(g) Development-generated runoff shall be disposed of in a manner acceptable to the
Department of Public Works and in compliance with all State and Federal laws.
(j) The County and the private sector shall be responsible for maintaining and
improving existing drainage systems and constructing new drainage facilities.
(q) Consider natural hazards in all land use planning and permitting.
(r) Discourage intensive development in areas of high volcanic hazard.
Dzscussion:
The Property is situated within Flood Zone "X", which includes areas that have been
determined to be outside of the 500 -year flood plain. As far as Applicant is aware,
flooding has not been an issue in the past. it is not a coastal property and is outside of the
SMA. The Property is situated within Volcano Hazard Zone 3 and has a relatively low
risk of inundation by lava flows. All surface water and sediment runoff generated by the
proposed improvements will be disposed of on -site, in compliance with all applicable
State and County rules and regulations. The proposed facility will be designed in
compliance with all applicable provisions of the flood code (chapter 27, Hawaii County
Code) and the Building Code (chapter 5, Hawaii County Code).
• 14
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Greenhouse Specialists, Inc. SL U Boundary , l mendment & Change of Lone
Natural Beauty: •
•
Discussion:
The Site is not listed as or proximate to other properties listed as sites of natural beauty.
The proposed Project will not interfere with any coastal vicwplanes. The proposed
improvements will be properly landscaped in order to minimize any potential impacts to
scenic resources.
Natural Resources and the Shoreline:
• Goals
(a) Protect and conserve the natural resources from undue exploitation. encroachment
and damage.
(c) Protect and promote the prudent use of Hawaii's unique, fragile, and significant
environmental and natural resources.
• (d) Protect rare or endangered species and habitats native to Hawaii.
Policies
(1) Encourage an overall conservation ethic in the use of Hawaii's resources by
protecting, preserving, and conserving the critical and significant natural
resources of the County..of Hawaii.
•
Discussion
The Property is not a coastal property and the proposed improvements will not have any
significant impact on shoreline resources. The Site is not likely to be a habitat for any
federally or State listed, candidate or proposed threatened or endangered plant or animal
• species due to a history of agricultural and commercial use and related disturbance. The
Site contains very limited natural resources. As it has been being used for commercial
purposes for quite some time, the requested reclassification from the Agricultural District
to the Urban District and the requested change of zone from A -20a to ML -20 will have a
• very limited impact on existing natural resources.
Land Use Element:
Goals
(a) Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
Policies
•
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Greenhouse Specialists, Inc. SL U Boundary Amendment & Change of Zone
(a) Zone urban -types of uses in areas with ease of access to community services and
employment centers and with adequate public utilities and facilities.
(b) Allocate appropriate requested zoning in accordance with the existing or
projected needs of neighborhood. community, region and County.
(f) Encourage the development and maintenance of communities meeting the needs
of its residents in balance with the physical and social environment.
Land Use — Industrial Development:
Goals
(a) Designate and allocate industrial areas in appropriate proportions and in keeping
with the social, cultural, and physical environments of the County.
(b) Promote and encourage the rehabilitation of industrial areas that are serviced by
basic community facilities and utilities.
Policies
•
(b) Achieve a broader diversification of local industries by providing opportunities
for new industries and strengthening existing industries.
(e) industrial development shall be located in areas adequately served by
transportation. utilities, and other essential infrastructure.
Standards
(c) Topography of industrial land shall be reasonably level.
Discussion:
The Site is an appropriate location for industrial use for the following reasons: it is
proximate to existing industrially -zoned areas and uses such as fruit and flower
packaging and processing plants. a quarry, a power plant (all approved by special permit)
and, if approved, a water bottling plant: it is fronted by the Keaau Bypass Road and has
good access via Milo Street. Existing water system facilities presently have adequate
• capacity to service the proposed storage facility The proposed change of zone is
supported by the General Plan as the Site is designated Industrial on the LUPAG snap.
The Applicant wishes to expand its current business to include retail garden and nursery
• supplies, as well as a nursery for plant sales.
14. County Zoning
The property is presently zoned A -20a. Surrounding zoning is primarily Agricultural, but
also includes Limited Industrial, industrial - Commercial Mixed Use and Residential. The
Planning Department previously opined that designation of the Property for limited
industrial was more appropriate than a designation to mixed commercial industrial. The
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Greenhouse Specialists, inc. S Boundart .l mendment & Change of Zone
Applicant is not insistent on limited industrial, and a mixed commercial industrial
designation would also suit its intended uses of the Property.
Although the immediately surrounding areas are agricultural, as mentioned above, the
Property is proximate to more Limited Industrial and Industrial- Commercial Mixed Use
Zoning. as well as several industrial -type uses currently allowed under special permit.
Figure 3: Zoning Map
< \ .•�wy p x ,r�A `
4
'i Y 3 , i 4 � F yy ,, L / _
1<r� ., Y,r -
\ -. -___
4
eft
v
S
Legend
Dark Grcen: A -20a
Light Green' A -5a
Gray: VII_ 20
Light Blue MCX -20
Beige RS -15
Light Yellow: RS -10
15. Community Development Plan
The Puna Community Development Plan ( "CDP ") was adopted by the County Council
on August 27, 2008. The Puna CDP established three armor themes and within each
theme, several additional elements, as discussed below.
• Malama I Ka 'Aina
This theme establishes how the contextual natural, historic and cultural features
of Puna should be proposed. Four major elements are identified and assigned
goals, objectives and actions, which are discussed below in relation to the request.
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I. historic, Cultural and Scenic Resources
There are no strictures on the Property that are historically significant. Due'
to the previous use and development of the Property, it is unlikely that there
are any subsurface historical remains. however, if any archaeological
resources are encountered during construction of the proposed structures,
SIPD will be contacted immediately and all work in the area shall cease until
clearance is obtained. Scenic resources are not expected to be significantly
impacted.
2. Native Forests and Geological Features
Given the location of the Property and the present Site conditions, this
clement is not applicable to the proposed Project.
3. Aquifers, Coastal Waters and Stormwaters
The proposed structure would be served by the existing wastewater disposal
facilities, which have been constructed in compliance with all applicable rules
and regulations. Coastal waters are not expected to be impacted given that the
Property is approximately 3.4 miles from the coast. All storm water and
surface runoff generated by the Project will continue to be disposed of onsite.
4. Shoreline Area
The Property is not a shoreline or coastal property.
• Growth Management
This theme 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. Four major elements are identified and assigned goals,
objectives and actions, which are discussed below in relation to the request.
1. Land Use Pattern
The proposed Projcct will serve the needs of the residents of Keaau Village,
as well as a larger population. The existing facility is a support service for the
agricultural industry as a whole and the proposed Project will assist in
diversifying the existing operation to serve the gardening and nursery supply
needs of those who may not he commercial or large scale farmers or flower
growers. The Site is contiguous to other Urban uses, including residential and
industrial uses.
2. Agriculture and Economic Development
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Greenhouse Specialists, Inc. SLIT Boundary Amendment & C /zange of Zone
The Property, although presently zoned A -20a, has not been used for
agricultural purposes for quite some time. It has been used as a nursery
supply outlet since 1996. when SP931 was approved. The requested
reclassification and change of zone will not have an adverse impact on
agriculture. Instead, it will allow an agricultural support business to expand
and diversify.
3. Social Services and 'lousing
• The Project is not a residential housing project, and as such, this section is not
•
applicable.
4. Public Safety and Sanitation Services
• The Site is located in an area where basic infrastructure is available.
5. Parks and Recreation
The Project is not expected to have any direct impact on any park or other
recreational resource.
6. Energy Sustainability
• Applicant is considering the possibility of including a solar water heater to its
present operations to address hot water needs in the restrootn and employee
break room. Applicant is also considering including a photo - voltaic system in
the proposed building; however. based on current efficiency levels, it may he
cost prohibitive.
• Transportation
• This theme focuses on sustainable approaches to transportation to support the
goals of the two above themes. Five major elements are identified and assigned
goals, objectives and actions. which are discussed below in relation to the request.
1. Traffic Demand Management
Based on Applicant's TZAR, the proposed project is forecast to generate a
small number of additional (new) trips (less than 30 per hour) during the
morning and afternoon peak hours. The small volume of trips is not expected
to change traffic operations at the Highway 130 /Milo Street and Highway
11 /Highway 130 intersections.
2. Mass Transit
There is a Hele On bus stop in Kcaau along the Hilo to Pahoai'Pohoiki route.
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3. Roadway Network
The Property is situated in a very convenient location and well served by the
Keaau Bypass Road and Milo Street.
4. Highways
The Keaau Bypass Road/Milo Street intersection is fully channelized and
signalized and the existing improvements conform to this element.
5. Non - Motorized Travel and Scenic Byways
The Property is not part of any proposed non - motorized travel area, trail
system or bike path network. There are no know trails crossing the Site.
Discussion
Although the Site is not specifically identified for any particular land use on the Puna
CDP Keaau Regional Town Center Map, the Puna CDP does not contain any specific
prohibition against the requested use in this area. Due to the presence of the existing
Limited Industrial and Industrial - Commercial Mixed Use zoning and the other
urban/industrial type uses in the area, Applicant concludes that the request is reasonable
and generally consistent with the applicable goals and objectives of the Puna CDP and to
the actual existing conditions of the area. The proposed Project is also consistent with
the LUPAG map and the General Plan.
16. Special Management Area
The Site is located approximately 3.4 miles from the coast and is not situated within the
County's Special Management Area.
111. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING
17. Description of Property
17.1 Property Location
The Property is located on the eastern side of the Keaau Bypass Road (Highway
130), located at the southeast corner of the Keaau Bypass Road/Milo Street
intersection. The parcel is more specifically identified as TMK No. (3) 1 -6-
152:018. The Property's southwestern boundary follows along Highway 130,
which is the major northwest- southeast arterial passing through the Puna District.
Prior to the Applicant's ownership, the area had been used for agricultural-
industrial related purposes by the Puna Sugar Company, which ceased operations
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• in 1984, and the I -IELCO power plant, which is still in operation. There are also
{ several industrial -type uses in the vicinity that have been approved by special
permit. including a flower processing and packing facility, several fruit packing
and processing facilities, a quarry and the previously referenced power plant.
Additional surrounding uses include a private school and a credit union. Across
Milo Street is the recently rezoned Ulupono Center, consisting of approximately
14.234 acres zoned MCX or mixed industrial- conunercial use and ML. Also in
the vicinity of the Property, the Hawaii County Council unanimously approved
Hawaiian Rainforest LLC's State land use district boundary amendment and.
associated change of zone applications for TMK Nos.: (3) 1 -6 -003: 018 and 023.
17.2 Climate
Located on the windward side of the Big island, the mean annual rainfall is
approximately 120 to 160 inches. Generally, the wet months occur from October
Through April. The mean annual temperature is approximately 73 degrees
Fahrenheit. Wind patterns are diurnal with dominant easterly tradewinds
prevailing during the day and cooler westerly winds sweeping down the slopes of
Mauna Loa and Mauna Kea in the evening.
17.3 Topography
The topography of the Site is relatively flat. due to previous development. The
majority ofthc Site is level and filled with a grade change along the eastern
quarter of the Property that drops the elevation from approximately 251 feet
above mean sea level ( "ms1 ") to approximately 244 msl. A drainage culvert is
located on the western edge of the Property that directs drainage from the
Highway 130 location to a drainage sump located on the Property located along
the northern boundary of.the Property.
18. Lava and Earthquake Hazard Zones
• The United States Geologic Survey C'USGS ") classifies the arca as Lava Flow Hazard
Zone 3, on a scale of ascending risk, 9 being the lowest risk and 1 being the highest. The
Building Code designates the entire Island of Hawaii in Earthquake Zone 3 and contains
certain structural requirements to address the relative seismic hazards.
•
19. Distance from Shoreline •
As mentioned above, the Property is situated approximately 3.4 miles from the coast.
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20. Agricultural Lands of Importance to the State of Hawaii .
The Property is classified by the Agricultural Lands of Importance to the State of Hawaii
system as Prime, which includes land best suited for the production of food, feed, lbrage
and fiber crops that has the soil quality, growing season, and moisture supply needed to
produce sustained high yields of crops economically when treated and managed
according to modern farming methods. However, much of the surface of the Property is
covered with gravel, rocks and fill material.
21. USDA Natural Resources Conservation Services Soil Service Report Soil Type
The U.S. Department of Agriculture Soil Conservation Service Soil Survey Report
classifies the soil as Ola'a Series (OID), which is extremely stony silty clay loam, 0 to
20% slopes. This soil has a very dark brown extremely stony silty clay loam surface
layer that is approximately nine inches thick. It is underlain by 'A'a lava. It dehydrates
irreversibly into gravel -size aggregates. It has a medium acid surface layer and a slightly
acid subsoil. Permeability is rapid, runoff is slow, and the erosion hazard is slight.
22. Land Study Bureau Rating
The Site is classified by the Land Study Bureau as Class C or Fair.
23. Flood insurance Rate Map Designation
The Flood Insurance Rate Map designation of the Project Site is Zone "X ", which means
that it is situated outside the 500 -year flood plain.
24. Existing Drainageways or Improvements
There is an existing drainage culvert that goes under Highway 130 and abuts the western
boundary of the Property and existing improvements have been designed to channel all
discharge into an existing open drainage sump located approximately in the middle of the
Property's Milo Street frontage. The Site is also outside the Civil Defense Tsunami
Evacuation Zone and is located over 3.4 miles inland from the coast:
The proposed Project is expected to generate some increase in runoff. However, all
runoff will he disposed of onsite via the existing open drainage sump on the Site that is
located approximately in the center of its Milo Street frontage. If necessary, an
additional drywell can be placed on the Property. Drainage improvements will be
sufficient to dispose of all surface runoff onsite.
• Greenhouse Specialists, Inc. .S/ U Boundary Amendment & Change ofZone
25. Air /NoiseAVatcr Quality
Air Ounlitr
Air quality in the study area is generally good, although some pollution derived from
motor vehicles, industry and natural sources is present. Volcanic emissions of sulfur
dioxide (SO from Kilauea Volcano convert into particulate sulfate, forming a volcanic
haze, locally called vog. In addition, manmade air pollution sources include oil -fired
power plants, which emit 50', nitrogen oxides (NO and particulate matter (PM), and
motor vehicles, which emit carbon monoxide (CO), NO,, and hydrocarbons (an ozone
precursor), as well as small amounts of other pollutants.
The air quality of the Property and surrounding areas is not expected to be significantly
impacted by the development of the Project. Minor short-term impacts, capable of
mitigation to very low levels, will occur during construction. Potential impacts from
clearing, grading and construction activities include the transport of fugitive dust in the
air beyond the boundaries of the Property, and noise disturbances to nearby residents.
Site- specific Best Management Practices ("BMPs") will be developed as part of the
Project's design to address these impacts in coinpliance with applicable with applicable
State and County regulations and requirements.
Noise
Because of the Site's proximity to a major intersection (Keaau Bypass Road Milo Street)
and a major thoroughfare (Keaau Bypass Road), the ambient noise level from traffic can
be quite high during peak traffic. This area has been historically used for agricultural
based industrial -type purposes by the Puna Sugar Mill, which ceased operations in 1984,
and the HELLO power plant, which is currently in operation. There are also several
industrial -type uses in the vicinity that have been approved by special permit, including a
flower processing and packing facility, several fruit packing and processing facilities, a
• quarry and the previously referenced power plant.
In Tight of surrounding uses and zoning, the proposed Project is not expected to
significantly impact noise levels in the arca. The construction phase will likely entail
grading, compressors, vehicle and equipment engine operation, and construction of the
facility and related infrastructure. These activities may generate noise exceeding 95
decibels at times, potentially impacting nearby areas. In eases where construction noise
is expected to exceed the Department of Health's ( "DOH") maximum permissible
property -line noise levels, contractors will obtain a permit in conformance with Title 11,
Chapter 46, Hawaii Administrative Rules (Community Noise Control) prior to
construction. DOH will review the proposed activity, location, equipment, project •
purpose, and timetable in order to decide upon conditions and mitigation measures, such
as restriction of equipment type, maintenance requirements, restricted hours, and portable
noise barriers.
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Greenhouse Specialists, Inc. St U Boundary A l mendmient & Change of Zone
!Voter Quality
There are no streams or watercourses located on or near the Project Site. However, there
is an existing drainage culvert that goes under Flighway 130 and abuts the western
boundary of the Property and existing improvements have been designed to channel all
discharge into an existing open drainage sump located approximately in the middle of the
Property's Milo Street frontage. The proposed storage facility and related improvements
are not expected to significantly impact water resources, as the proposed structures will
comply with all applicable rules and regulations relating to the containment and disposal
of storm runoff on site. Additionally, any fertilizers used in connection with the
proposed nursery operation will not differ from substances allowed for agricultural use in
the existing zoning district.
Groundwater contamination from substances used in the construction and normal
operation of retail /office use and associated activities can be limited to minimal levels
through adherence to applicable Taws and regulations and implementation of appropriate
BMPs.
26. Existing Archaeological, Cultural or Historic Sites on National or State Register
Due to the history of extensive surface disturbance, the existence of any surface or
subsurface archaeological remains is extremely unlikely. By letter dated June 22, 2009,
the Department of Land and Natural Resources -- Historic Preservation Division
( "SHPD ") has determined that no historic properties will be affected by the proposed
project because intensive cultivation, urbanization and previous grubbing /grading has
already affected the land. Please see Exhibit 3 for SHPD's "No Effect" determination.
27. Existing Flora /Fauna Resources
The Site has previously been used for agricultural purposes, and more recently, for
commercial purposes. Presently, the western half has been extensively improved. There
are several existing structures on the Property, including a 4,000 square foot
office /warehouse, a 192 - square foot storage container, temporary covered storage, paving
and drainage improvements. The remainder of the Property is cleared and has invasive
vegetation growing on the surface.
•
Due to the history of intensive use and extensive disturbance, the Property does not
contain any habitat for any federally or State listed, candidate or proposed threatened or
endangered plant or animal species.
28. Scenic or Coastal Resources
The Hawaii County General Plan designates certain sites and areas as areas of natural
beauty and scenic resources. The Site is not listed as one of these designated areas:
however, a few of these sites are located within the Keaau area. These areas include the
palms fronting Keaau Middle School and the views of M.auna Loa and Mauna Kea.
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Greenhouse Specialists, Inc. .SI U I3oundary Aniendment & Change of Zone
The Property has been developed and is being used as a nursery supply outlet. It is
{ improved with several existing buildings, including a warehouse /office structure. It is
immediately bordered to the east and north by industrial -type uses and zoning. In the
vicinity are various agricultural and orchard uses, such as papaya and macadamia nut
orchards. The HELCO power plant is also in the vicinity of the Property. The Property
is not a coastal property and there is no immediate view of the actual coast, although the
ocean can be seen in the distance. The proposed structures are located on the inakai side
of the Keaau Bypass Road and will not affect any views of Mauna Loa and Mauna Kea
from any County or State roadway. The proposed Project is not expected to significantly
impact the view planes of any surrounding property owners.
29. Valued Cultural Resources
It is not likely that there are any traditional and customary native Hawaiian rights
exercised in the arca as it has been used for agricultural, pasture and commercial
purposes for quite some time.
•
• 30. Public Access
There is no existing public access to and along the shoreline or to mountain areas through
or proximate to the Property.
31. Social Settlement Pattern for the Area
Although primarily situated in the Agricultural District and zoned agricultural, several
industrial -type uses have been approved on the Property and surrounding areas via
special permit. Such uses have been described above. Additionally, as described above,
• Ulupono Center was recently reclassified to the Urban District and rezoned to ML and
MCX and the reclassification and change of zone applications for TMK Nos.: (3) 1 -6-
003: 018 and 023 were unanimously approved. To the northwest. across Highway 130,
there is residential zoning and to the north, along the old Keaau -Pahoa Road alignment, is
the Keaau Village Core, which is designated Medium Density Urban on the LUPAG
Map.
The LUPAG Map of the General Plan designates the Property and surrounding areas as
Industrial, which indicates that industrial uses have been foreseen and generally planned
for in the area. As such, the requested actions are reasonable and consistent with the
Puna CDP, the General Plan and the LUPAG Map.
32. Economic Resources of the Area
Surrounding lands are primarily in agricultural use, including papaya and macadamia nut
orchards. The Keaau Village Core is situated north of the Property. This area is situated
•
in the Urban District. Several commercial support uses have been established, including
a gas station and convenience store, several restaurants, a grocery store, a drug store, a
laundry mat, a credit union, a farmer's market and a hardware store. The Keaau
25
•
•
Greenhouse Specialists, Inc. SL U Boundary Amendment & Change of Zone
Elementary, Intermediate and High School Complexes are also located along the Old
Keaau -Pahoa Road alignment.
33. Land Values
According to the Hawaii County Real Property Tax Website, land values of
agriculturally -zoned parcels in the immediate areas range from $93,000 to S749,000. It
is important to note that the comparison parcels were all much larger than the Property.
34. Land Use and Zoning of Surrounding Lands
As described above, although the area is still primarily situated within the Agricultural
District with agricultural zoning, there are Urban District lands with ML and MCX
zoning across Milo Street. Across Highway 130 there are Urban District lands with
residential and various commercial zoning associated with the Keaau Village Core. The
reclassification and associated change of zone requests relating to TMK Nos.: (3) 1 -6-
003: 018 and 023 to the west were unanimously approved by the County Council.
IV. PUBLIC FACILITIES AND SERVICES
35. Description of Access
The Property is served by an existing 27 -foot wide paved driveway off of Milo Street.
The existing driveway has adequate capacity to accommodate the proposed business
expansion.
36. Availability of Water
The current facilities are serviced by the County water system via an 8 -inch water line
along Milo Street. Preliminary discussions with Department of Water Supply ( "DWS ")
staff indicated that the existing system had adequate capacity to service the proposed
expansion.
Based on DWS' Water System Standards Domestic Consumption Guidelines, the average
daily demand for industrial operations is 4,000 gallons /acre. The Site is approximately
71,874 square feet. or 1.646 acres, which would equal an average daily demand of
approximately 6,584 gallons /day. Based on these numbers, the maximum daily demand
would be approximately 9,876 gallons/day and the peak hour demand would be
approximately 32,920 gallons /day.
37. Sewage Disposal
•
•
The Property is not located within the service limits of the municipal sewer system.
•
• There is existing cesspool for wastewater, which currently complies with all applicable
DOH rules and regulations. Upon construction of the retail garden center, Applicant will
install a septic wastewater treatment system to meet DOH and EPA standards.
26
Greenhouse Specialists, Inc. SL U Boundary Amendment & Change of Zone
38. Solid Waste
Applicant currently disposes of office waste by taking it to the Hilo Landfill
approximately once a week. Applicant acknowledges that construction waste is not to be
disposed of at any transfer station and will ensure that the contractor properly disposes of
any such waste. Once the expansion is completed, Applicant is prepared to contract with
a commercial hauler if it becomes necessary.
39. Police and Fire Protection
The Site is located within the service areas of the Keaau Fire and Police Stations,
approximately 1.6 miles away.
• 40. Schools
The Keaau Elementary, intermediate and High School Complexes are located in the town
of Keaau, between approximately 400 feet and 1.5 miles from the Property. They are not
expected to be impacted by the requested change of zone as the request does not involve
any subdivision, creation of new lots, br residential construction.
41. Parks
The closest park to tlrc Property is Shipman Park, located approximately 1.4 miles to the
west of the Site. Recreational resources are not expected to be impacted by the requested
change of zone as the request does not involve any subdivision, creation of new lots, or
residential construction.
•
42. Utilities and Services
All necessary utilities are available to the Site via overhead lines on Milo Street.
V. ENVIRONMENTAL ASSESSMENT AND ANALYSIS
43. Relationship between Local Short Term Uses of Environment and Maintenance and
Enhancement of Long Term Productivity
•
The Applicant is presently utilizing the Property for a nursery supply outlet facility and
related uses. The requested reclassification and change of zone would conform the
Property's land use designations with the present use, which is allowed by SP931. It
• would also allow Applicant to expand its current operations to include retail nursery and
garden supplies and nursery plants. It has been used for its current purpose sine the
approval of SP931 in 1996. The requested reclassification and change of zone would
allow an expansion of a productive use of the Property and allow Applicant to diversify
its business operations.
27
Greenhouse Specialists, Inc. SL U Boundary Amendment & C'hange of Zone
44. Mitigative Measures Proposed to Avoid, Minimize, Rectify or Reduce Impact
Significant adverse effects relating to the requested reclassification and change of zone
have not been identified. The proposed structures would be located on a previously
developed parcel that is currently being used as a nursery supply outlet facility.
However, BM Ps will be implemented during construction in order to mitigate any
potential adverse impacts to air quality. If construction noise is expected to exceed
DOi-I's maximum permissible property -line noise levels, the contractors will obtain a
penmit in conformance with Title 11, Chapter 46. HAR (Community Noise Control) prior
to construction. Groundwater contamination from substances used in the construction
and nonnal operation of retail/office use and associated activities can be limited to
minimal levels through adherence to applicable laws and regulations and implementation
of appropriate BMPs.
45. Alternatives to the Proposed Development
Alternatives to the proposed development include the following:
1. Not reclassifying or rezoning the Property;
2. Rezoning to a different zoning designation; or
3. Developing the Project at another site.
If the Applicant were to leave the Property as is, the present uses would continue as they
are allowed under SP931. However, if the Property is not reclassified or rezoned, then
the Applicant would need to amend SP931 or apply for a new special permit to allow the
expansion. This approach is not preferable to the Applicant as it would involve a
piecemeal amendment and rezoning would be consistent with the character of
surrounding uses. It may be possible to reclassify to the Urban District and request a
change of zone to a Commercial or Industrial - Commercial Mixed Use zone; however, the
Planning Department has recommended a change of zone to Limited Industrial in order
• to conform to the LUPAG map. It is also not financially viable for the Applicant to seek
a separate location to operate the garden center when it already owns the subject
Property. The proposed alternative is the most viable option for the Applicant's needs.
46. Irreversible and Irretrievable Commitments of Natural Resources that would be
Involved if the Proposed Action is Implemented:
The Project does not involve any irreversible or irretrievable commitments of natural
resources. As discussed above, the Site has been previously developed and has been used
for its present purpose since the approval of SP931 in 1996. Duc to the past use, it is
highly unlikely that the Property serves as a habitat for any federally or State listed,
candidate or proposed threatened or endangered plant or animal species. Water resources
are not expected to be impacted.
28
•
Greenhouse Specialists, Inc. SLU Boundary Amendment & Change of Zone
EXHIBITS
Exhibit 1: Traffic Itnpact Analysis Report •
. Exhibit 2: LUPAG Designation Detcnnination Letter
Exhibit 3: SHPD No Effect Detcnnination
•
29
ii
Traffic Impact Analysis Report
for
Greenhouse Specialists, Inc. Expansion
Kea'au, Island of Hawaii, Hawaii
Tax Map Key Number (1)1 -6 -152: 018
SEPTEMBER 2009
Prepared for:
Greenhouse Specialists, Inc.
c/o Tom Yeh, Tsukazaki Yeh & Moore
85 W. Lanikaula Street
Hilo, Hawaii 96720
Prepared by:
AECOM Pacific, Inc.
Davies Pacific Center, 841 Bishop Street
Suite 1900, Honolulu, Hawai'i 96813
FXHIRIT 1
Greenhouse Specialists Expansion TRAFFIC IMPACT ANALYSIS REPORT
GREENHOUSE SPECIALISTS, INC., EXPANSION
Kea'au, Island of Hawai'i, Hawai'i
Traffic Impact Analysis Report
TMK: (3)1 -6 -152: 018
September 2009
;.4 1. t
! / LICENSED \ \ C\A
I PROFESSIONAL
I 1 ENGINEER /1
t. * \ NO 3893... C / *
/
• \t 11. V
Expiration Date:
April 30, 2010
This work was prepared by me or under my direct supervision.
/
'23 5 /
Signature Date
AECOM Pacifi , Inc
AECOM
•
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EXHIBIT 1
Greenhouse Specialists Expansion TRAFFIC IMPACT ANALYSIS REPORT
Table of Contents
SECTION PAGE
Engineer's Stamp and Signature •
Table of Contents
List of Figures
List of Tables
Project Description 1
Existing Conditions 2
Existing Roadways 2
Traffic Volumes 3
• Proposed Roadway Improvements 6
Traffic Forecasts 7
Ambient Traffic Forecast 7
Project Generated Traffic 11
Level of Service Analysis 12
Conclusions 15
References
Figures
Tables
Appendices
Appendix A: Traffic Turning Movement Counts
Appendix B: Intersection Level of Service (LOS) Calculations
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Greenhouse Specialists Expansion TRAFFIC IMPACT ANALYSIS REPORT
List of Figures
FIGURE
NUMBER TITLE
Figure 1 Location Map
Figure 2 Existing (2008) Peak Hour Traffic Volumes
A. June 2008 Counts without School Traffic
B. 2008 Volumes with 350 Student School Traffic
Figure 3 Historical Trend in Daily Traffic Volumes: Highway 11 (Volcano Road) at
Highway 130 (Kea'au -Pahoa Bypass Road)
Figure 4 Hourly Traffic Volumes on Highways 11 and 130
Figure 5 Components of Ambient Traffic Forecast
A. 22.5% Regional Traffic Growth (2008 -2014)
B. School Traffic with 400 Student Enrollment
C. Ulupono Town Center Commercial Component
D. Ulupono Town Center Industrial Component
E. Shipman Commercial /Industrial Center Forecast
F. Kea'au Warehouse Traffic Forecast
G. Combined Ambient Traffic Forecast
Figure 6 Project Generated Traffic Assignments
Figure 7 Total with Project Traffic Forecasts
List of Tables
TABLE
NUMBER TITLE
Table 1 Trip Generation Analysis
Table 2 Trip Distribution Analysis
Table 3 Level of Service Analysis
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EXHIBIT 1
Greenhouse Specialists Expansion TRAFFIC IMPACT ANALYSIS REPORT
TRAFFIC IMPACT ANALYSIS REPORT
for the
GREENHOUSE SPECIALISTS, INC., EXPANSION
Greenhouse Specialists, Inc., is proposing to expand their operations in Kea'au,
Hawaii, to include a retail garden supply store. This report documents a study that was
conducted to identify the traffic impacts of the proposed project and to recommend any
mitigating measures.
PROJECT DESCRIPTION
Greenhouse Specialists, Inc., currently operates a wholesale garden supply store on a
1.646± acre parcel identified as TMK (3)1 -6 -152: 018, located in Kea'au, Hawaii, in the
vicinity of the former Puna Sugar Mill, as shown on Figure 1. Current improvements
include a 4,000 square foot (sf) warehouse with loading bay and 192 sf of storage area.
They would like to expand their current greenhouse supply outlet to include retail
gardening supplies. They propose to construct a new 5,000 sf storage building with a
20 -foot overhang to create an additional 2,000 sf of covered storage space. The current
warehouse would be converted into retail space. This action would require a State
Land Use District Boundary amendment (Ag to Urban) and a change of zoning (Ag to
Limited Industrial). The expansion process is expected to take about five years with
completion scheduled for 2014.
Local access to the proposed project site is via Milo Street from Highway 130, the
Kea'au -Pahoa Bypass Road. Milo Street also provides access for other existing and
proposed land uses. Highway 130 then connects with Highway 11, also referred to as
Volcano Road, which provides access between Volcano and Hilo. The two
intersections of these three roadways: Milo Street, Highway 130, and Highway 11, were
analyzed in this study and are identified on Figure 1.
Other existing land uses along Milo Street include the Christian Liberty School, a credit
union, a plant nursery, and a juice bottling plant. The Ulupono Town Center and Kea'au
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warehouses are approved proposed land uses. The Christian Liberty School currently
has 350 students in grades Kindergarten to 12. Classes at the school begin at 8:00 AM
and end at 2:35 PM. Their special use permit allows up to 400 students. The Ulupono
Town Center is a proposed industrial /commercial subdivision located alongside
Highway 130. This development will be served by a 60 -foot wide roadway that
intersects Milo Street. The project has twelve undeveloped lots totaling 9.55 acres that
are zoned MCX (Industrial - commercial mixed use). Long's Drugs has purchased a 2.4
acre parcel within the development. The Ulupono Town Center website mentions a 17
acre Phase 4 parcel proposed for rezoning. However, the rezoning application has not
been submitted; therefore, the Phase 4 parcel was not included in this analysis. The
credit union and another undeveloped lot share the Ulupono Town Center roadway but
are not part of it. The County also recently approved rezoning for a 60,000 sf
warehouse facility further makai of the school.
EXISTING CONDITIONS
A survey of existing roadway and traffic conditions was made in June 2008.
Existing Roadways
State Highway 130 (Kea'au -Pahoa Road) is the major northwest- southeast arterial
passing through Puna. It extends from Kea'au in the northwest to Pahoa in the
southeast. The northwest portion of Highway 130 is the Kea'au -Pahoa Bypass Road
that was completed in the late 1990's on an alignment north of Kea'au town. The
bypass road intersects the original Kea'au -Pahoa Road alignment in the vicinity of
"Roadway B" at the Kea'au High School. Highway 130 is a four -lane highway with
separate left turn, acceleration, and deceleration lanes at major intersections along this
route. The major intersections at Milo Street, Kukula Street, and "Roadway B" are
signalized. The posted speed limit on the highway is 45 miles per hour (mph). The
highway reduces to a two -lane alignment southwest of the intersection with "Roadway
B." Highway 130 generally runs on a north -south alignment from "Roadway B" to north
of Milo Street, and then turns to an east -west alignment to intersect Highway 11
(Volcano Road).
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State Highway 11 (Volcano Road) is a four -lane State highway generally running north -
south through the project area. This roadway is also known as the Hawaii Belt Road
and provides a southern route between Hilo and Kona. The posted speed limit is
45 mph. The intersection of Highways 11 and 130 is signalized and channelized.
There are two left turn lanes from southbound Highway 11 to Highway 130. The two
•
right turn lanes from westbound Highway 130 to Highway 11 are not controlled by
stop /yield signs or traffic signals. They merge directly with the two northbound through
lanes, creating four northbound lanes on Highway 11 that eventually merge into two
through lanes.
Traffic Volumes
Traffic turning movement counts were taken at the two study intersections on Tuesday,
June 3, 2008, to determine existing traffic conditions. Traffic counts were taken during
the morning peak period (6:00 -8:30 AM) and the afternoon peak period (3:00 -5:30 PM).
Traffic turning movement counts require a traffic surveyor to observe traffic flow and
record the movements of each vehicle crossing the intersection as through or turning
movements by 15 minute intervals. The worksheets for these traffic counts are included
in Appendix A.
The current traffic volumes for the morning and afternoon peak hours are shown on the
top figure of Figure 2A, "June 2008 Counts without School Traffic," with volumes
rounded to the nearest five vehicles per hour (vph). These counts would include traffic
generated by the existing land uses on Milo Street; however, the Christian Liberty
School was not in session on the day the traffic count was taken. Therefore, the current
traffic that would be generated by the school was forecast using the traditional three-
step process of trip generation, trip distribution, and trip assignment. The trip
generation step forecasts the number of new trips that would be produced in each of the
two study periods. The trip distribution step allocates these new trips by direction of
travel. Finally, the trip assignment step assigns the trips to the specific turning
movements at the study intersections.
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The trip generation analysis for the current enrollment of 350 students is summarized on
Table 1. The trip generation step forecasts the volume of vehicle trips that would be
generated by the private school during the morning and afternoon peak periods. The
Institute of Transportation Engineers' Trip Generation (Seventh Edition, 2003) report
has trip generation equations and rates to calculate the number of morning and
afternoon peak hour trips that would be generated by various land uses. The report
shows trip generation rates for private schools with grades K -12 (Land Use 536) of 0.79
and 0.17 trips per student during the morning and afternoon peak hours of traffic,
respectively. The current school enrollment of 350 students is calculated to generate
277 morning and 60 afternoon peak hour trips.
The Trip Generation report also provides the percentage of inbound and outbound trips
for each land use in each peak hour. The number of generated trips was divided into
inbound and outbound trips based on the information from the report, as shown on
Table 1. The private school currently generates 108 outbound and 169 inbound trips in
the morning peak hour, and 26 inbound and 34 outbound trips in the afternoon
peak hour.
The project generated trips were then distributed by direction of travel to and from the
project site. The distribution of trips was based from the distribution factors provided in
the 1995 Traffic Impact Analysis Report for the school, which school officials indicated
were still applicable. Separate factors were used for the inbound and outbound
directions of travel, and were reversed for the morning and afternoon peak hours
of travel.
Percentage of Travel
Origin/ AM Peak PM Peak
Destination Inbound Outbound Inbound Outbound
Hilo 15 70 70 15
Volcano 20 5 5 20
Pahoa • 65 25 25 65
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The trip distribution analysis is shown on Table 2. The volumes may not add up to the
total number of generated trips due to rounding. These trips were then assigned to the
study network and added to the counted volumes shown at the top of Figure 2. The
results are shown on the bottom figure of Figure 2B, "2008 Volumes with 350 Student
School Traffic," with volumes rounded to the nearest five vph.
The school officials indicated that a large proportion of parents drop their children at
school and continue on their commute to work in the morning, then pick up their children
'• on their afternoon commuter trip home. This would indicate that a large proportion of
trips are pass -by and diverted trips. Pass -by trips are defined as trips attracted from
traffic passing the site on an adjacent roadway and have direct access to the
destination. These trips do not add to the through volumes on the roadway; however,
they do add to the turning movements, and are subtracted from the through movements
where they turn off to access the destination. Diverted trips are attracted from the
roadways in the vicinity of but not adjacent to the destination. They require a diversion
from that roadway and add traffic to streets adjacent to the site. Half of the school trips
from Pahoa were assumed to be pass -by trips from Highway 130, and half the school
trips from Volcano were assumed to be diverted from Highway 11. A similar adjustment
was made for the afternoon peak hour. The results of these adjustments are reflected
in Figure 2B. The current traffic operations at the two study intersections are discussed
in the Level of Service Analysis section of this report.
The State of Hawaii Department of Transportation (State DOT) used to take traffic
counts every two years at selected roadway sections on Hawaii. One of these count
stations was at the intersection of Highway 11 (Volcano Road) and Highway 130
(Kea'au -Pahoa Bypass Road), one of the study intersections. Three daily traffic
volumes were available for the four year period from 2000 to 2004, when the last count
• was taken. The data which is graphically shown on Figure 3 shows the historical trend
of daily two -way traffic for the three legs of the intersection for the four year period.
Traffic counts were taken for two consecutive weeks in June 2000 with the counts taken
in the second week consistently lower than the first week's counts. Both data points are
shown on Figure 3 and described in the following discussion. Daily two -way traffic
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volumes on the north leg of Highway 11 increased 6% or 18% between 2000 and 2004
while volumes on the south leg decreased 7% to 24 %. The Highway 130 leg showed
the highest difference between the two 2000 counts with the second week's count 45%
lower than the previous week. This leg showed a 19% decrease or 46% increase from
2000 to 2004, depending on which June 2000 count is used as the basis.
The State DOT took more recent traffic counts in 2006 at different locations from the
above count stations. The station on Highway 11 (Volcano Road) is between the Old
Kea'au -Pahoa Road and Old Volcano Road intersections in Kea'au town, south of the
study intersection. The station on Highway 130 is in the vicinity of the high school.
Figure 4 shows the pattern of hourly traffic, volumes on these two highways.
Northbound traffic to Hilo peaks on Highway 11 in the morning peak. During the
afternoon peak, the northbound traffic volumes are equal to the southbound volumes.
The westbound traffic to Hilo on Highway 130 peaks in the morning while the eastbound
traffic to Pahoa peaks in the afternoon at a lower level.
PROPOSED ROADWAY IMPROVEMENTS,
The State DOT has several proposed projects on the Kea'au -Pahoa Road listed in the
FY 2008 -2011 Statewide Transportation Improvement Program, (Approved Revision #8
effective August 11, 2009), including:
• Kea'au -Pahoa Road Improvements, Kea'au to Pahoa, with design
programmed in FY 2012. •
• Kea'au -Pahoa Road, shoulder lane conversion, Kea'au Bypass Road to
Shower Drive, with Right -of -Way acquisition programmed in FY 2010 and
construction programmed in FY 2010.
• Kea'au -Pahoa Road, Intersection Improvements at Paradise Drive, with
design programmed in FY 2009 and construction in FY 2010.
• Kea'au -Pahoa Road, Intersection Improvements at Kahakai Boulevard, with
design programmed in FY 2009 and construction in FY 2010.
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All of these projects would occur east of the intersection of the Kea'au -Pahoa Bypass
Road and the old Kea'au -Pahoa Road and would not affect traffic operations on the
bypass roadway. They would not have any impact on the two study intersections.
TRAFFIC FORECASTS
•
The proposed project is expected to be fully occupied in approximately five years
(2014). During this period, ambient traffic on the area roadways can be expected to
increase due to regional growth and new projects in the area. The traffic that would be
generated from the proposed project was added to the ambient traffic forecast to obtain
the total with project traffic forecast.
Ambient Traffic Forecast
Ambient traffic on the two study roadways can be expected to increase due to regional
growth and new projects in the area. Rapid regional growth is occurring from infilling of
the development areas served by Highway 130, despite the decrease in volume shown
( on Figure 3. Three proposed projects along Milo Street include the Christian Liberty
School expansion, the Ulupono Town Center, and the Kea'au warehouses. The
Shipman Gateway Center is another major project slated to open on Highway 11, west
of the Highway 11 /Highway 130 intersection.
The current long range highway plan for Hawaii County does not include traffic
forecasts. In lieu of official traffic forecasts, the peak hour traffic volumes on Highways
11 and 130 were assumed to increase in proportion to the population growth. The
existing traffic volumes are for 2008, and the proposed project expansion is expected to
be completed in 2014. The current population forecast for Puna from the County of
Hawai'i General Plan was interpolated for 2008 and 2014, and five- and six -year growth
rates were calculated as shown in the following table.
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Year Population 5- / 6 -Year
Forecast Growth Rate
2005 36,351
2008* 39,471
2010 42,591 17.2%
2014* 48,359 22.5 % **
2015 49,801 16.9%
2020 58,246 17.0%
*Interpolated "6-year growth rate
The Puna district is forecast to experience a rapid 22.5% growth rate for the six -year
period ending 2014. The peak hour traffic volumes at the top of Figure 2 were
increased by 22.5% and the results are shown on Figure 5A, "22.5% Ambient Traffic
Growth," with traffic volumes rounded to the nearest five vph.
The Christian Liberty School currently has 350 students in grades Kindergarten to 12.
Their special use permit allows expansion up to 400 students. The three step process
of trip generation, trip distribution, and trip assignment was used to forecast the number
of trips which would be generated by the increased enrollment. The trip generation
analysis is shown on Table 1, the trip distribution analysis on Table 2, and the trip
assignment results are shown on Figure 5B, "School Traffic with 400 Student
Enrollment ". As with the traffic forecast for current conditions, half of the school trips
from Pahoa were assumed to be pass -by trips from Highway 130, and half the school
trips from Volcano were assumed to be diverted from Highway 11. The traffic
assignment volumes for this component are not rounded.
The Ulupono Town Center is a MCX -zoned (Industrial - commercial mixed -use)
subdivision that includes twelve undeveloped lots totaling 9.55 acres. An updated TIAR
for the Ulupono Town Center was not required since the original 1998 TIAR for the 15-
acre site was deemed applicable.
•
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As the original site was larger than the current site, the following assumptions were
used to develop new traffic forecasts for the Ulupono Town Center: •
1. There would be an average of 12,000 sf gross leasable building area per
acre, consistent with the 1998 study.
2. One -third of the acreage would be in commercial uses, and the remaining .
two - thirds would be in industrial use, consistent with the 1998 study. This
resulted in 38,000 square feet of commercial space and 77,000 square feet of
industrial space.
3. Shopping Center (Land Use 820) trip generation rates were applied to the
commercial space while industrial park (Land Use 130) trip generation rates
were applied to the industrial use. This is consistent with the 1998 study.
The trips generated by each of the two land uses were then combined to
obtain the forecast trips for the Ulupono Town Center. The trip generation
analysis is summarized on Table 1. It is possible that the trips generated by
the commercial uses could be lower than that for a shopping center. Many
( MCX- permitted commercial uses (such as car sales or nightclubs) have lower
trip generation rates than a shopping center.
4. Separate trip distribution factors were used for the commercial and industrial
uses. For each land use, separate factors were used for the inbound and
outbound directions of travel and were reversed for the morning and
afternoon peak hours. The trip distribution analysis is summarized on
Table 2.
5. Half of the afternoon peak hour commercial trips going to Pahoa and Volcano
were assumed to be pass -by and diverted trips, respectively. The results of
the trip assignment analysis are shown on Figure 5C, "Ulupono Town Center
Commercial Component," and Figure 5D "Ulupono Town Center Industrial
Component."
6. As a conservative estimate, the Ulupono Town Center was assumed to be
fully occupied by 2014 for the purposes of this study. Realistically, however,
the project would take longer than five years to develop.
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The Shipman Gateway Center, a commercial center, is proposed on the western edge
of the intersection of Highway 11 and Highway 130. This project is currently in the
approval process, however its traffic mitigating measures have not yet been approved
by the Hawaii Department of Transportation. Since the site is already approved for a
commercial /light industrial development, it was included in this analysis as an approved
proposed land use. The traffic forecast from the "Traffic Impact Analysis Report W.H.
Shipman Kea'au Master Plan Increment 1 of Area D" was utilized for this study and is
shown on Figure 5E, "Shipman Commercial /Industrial Center Forecast ". The report
recommended the following traffic mitigation measures at the intersection of Highway 11
and Highway 130 which were included in this study:
1. An exclusive right turn lane on southbound approach of Volcano Road.
2. An exclusive left turn lane on northbound approach of Volcano Road.
3. A through lane on the westbound approach of Highway 130.
4. An exclusive left turn lane, through lane and exclusive right turn lane on
the approach from the commercial center.
The County Council recently approved rezoning to allow 60,000 sf of warehouse at the
makai end of Milo Street. Although the Kea'au warehouses are expected to be
completed by 2018, they were assumed to be completed by 2014 as a conservative
estimate for the purposes of this study. The trip generation and distribution analyses for
the year 2018 are summarized on Tables 1 and 2, respectively. The approved
warehouses are forecast to generate 27 and 28 vph in the morning and afternoon peak
hours, respectively. The traffic assignment of trips in each peak hour is shown on
Figure 5F, "Kea'au Warehouse Traffic Forecast ". 1
The above six ambient traffic components were combined to develop the ambient traffic
forecast shown on Figure 5G, "Combined Ambient Traffic Forecast ", with volumes
rounded to the nearest five vph. It can be argued that the traffic forecasts for the
Ulupono Town Center and Shipman Gateway Center are part of the 22.5% increase
forecast previously discussed, since commercial /industrial projects would have to be
built to accommodate the expected population growth. However, this study added
traffic from the two land uses as additions to the general population growth. The traffic
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September 2009 Greenhouse Specialists Expansion TIAR
EXHIBIT 1
Greenhouse Specialists Expansion TRAFFIC IMPACT ANALYSIS REPORT
operations for the ambient forecast conditions at the two study intersections are
discussed in the Level of Service Analysis section of this report.
Project Generated Traffic
The traditional three -step process of trip generation, trip distribution, and trip
assignment was used to forecast future traffic that would be generated by the proposed
nursery supply expansion project.
The trip generation and distribution analyses for the year 2014 are summarized on
Tables 1 and 2, respectively. The trip generation step forecasts the volume of vehicle
trips that would be generated by the proposed project during the morning and afternoon
peak periods. The Trip Generation report has trip generation rates for garden nurseries
(LU 817) based on square footage to calculate the number of morning and afternoon
peak hour trips as follows:
Direction of Trips
Period Rate Entering Leaving
AM Peak Hour 1.31 75% 25%
PM Peak Hour 3.80 25% 75%
The report does not provide information on the proportion of inbound /outbound trips in
each peak hour. Based on the owner's estimates, 75% of the traffic is expected to enter
during the morning peak period when employees arrive and 75% of the traffic is
expected to leave during the afternoon when employees leave.
The project proposes to expand from a building area of 4,000 sf to an area of 11,000 sf,
including 2,000 sf of storage area beneath an overhang. The overhang area is included
in the trip generation forecasts as a conservative estimate. The number of trips
generated in the morning is forecast to increase from 5 to 14 vph due to the proposed
project, resulting in a net increase of 9 trips per hour. Likewise, the number of afternoon
peak hour trips is forecast to increase from 15 to 42, a net increase of 27 trips. The
gross volume of trips forecast to be generated by the project expansion will be less than
50 vph.
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EXHIBIT 1
Greenhouse Specialists Expansion TRAFFIC IMPACT ANALYSIS REPORT
The traffic assignment of these additional trips in each peak hour is shown on Figure 6.
Although many of the commercial trips could be considered pass -by trips that do not
• increase traffic volumes on the highway, this study did not assume pass -by trips as a
conservative estimate. These additional nursery- generated traffic volumes were added
to the ambient traffic forecast volumes from Figure 5G to obtain the total with project
traffic forecasts shown on Figure 7, with volumes rounded to the nearest five vph. The
traffic operations for the total with project traffic forecast conditions at the two study
intersections are discussed in the Level of Service Analysis section of this report.
LEVEL OF SERVICE ANALYSIS
The concept of level of service is used to quantify the quality of traffic flow on roadway
facilities. The Transportation Research Board (TRB) has developed procedures to
calculate level of service value(s) by measuring traffic volumes against the capacities of
different types of roadway facilities. Their Highway Capacity Manual 2000 (HCM2000)
describes the various procedures developed for freeways, highways, signalized and
unsignalized intersections, etc.
Both study intersections are currently signalized. The methodology for analyzing
signalized intersections calculates the levels of service for individual movements,
• approaches, and the intersection as a whole based on the average stopped delay per •
vehicle. The results range from level of service A (best with average delays less than
ten seconds) to F (worst with average delays longer than 80 seconds), as described in
the following table.
LEVEL OF CONTROL DELAY PER
• SERVICE VEHICLE
(SecondsNehicle)
A < 10.0
B 10.1 to 20.0
C 20.1 to 35.0
D 35.1 to 55.0
E 55.1 to 80.0
F > 80.1
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• September 2009 Greenhouse Specialists Expansion TIAR
•
EXHIBIT I
Greenhouse Specialists Expansion TRAFFIC IMPACT ANALYSIS REPORT
Table 3 summarizes the level of service analyses conducted for the existing (2008) and
forecast year (2014) when the proposed nursery expansion is expected to be
completed. The existing year analysis includes traffic conditions without and with the
current school traffic from Figures 2A and 2B, respectively. The forecast year analysis
includes ambient and total with project traffic forecasts from Figures 5G and 7,
respectively. The level of service (LOS), delay (DEL), and volume /capacity ratio (V /C)
results are shown for each scenario. The worksheets for the level of service
calculations are provided in Appendix B.
I l The County of Hawai'i considers levels of service A to D as acceptable for signalized
intersections, with levels of service E and F indicating the need for mitigating measures.
The results for the intersection as a whole and for each approach are shown for both
intersections. For the Highway 130 /Milo Street intersection, the left turn lane on the
Milo Street approach and the left turn lane and through movements on the Highway 130
southbound approach are also shown. For the Highway 11 /Highway 130 intersection,
the left turn lane and through movements on the Highway 11 southbound approach are
also shown.
The Highway 130 /Milo Street intersection is currently operating at level of service A in
both of the peak hours with school traffic; although the Highway 130 southbound left
turn lane is operating at a minimally acceptable level of service D in the morning peak.
The intersection is forecast to operate at level of service B for the 2014 ambient
morning peak hour and at level of service A for the afternoon peak hour. The left turn
lanes on the Milo Street approach and the Highway 130 southbound are forecast to
operate at a minimally acceptable level of service D in both peak hours. The additional
traffic generated by the proposed project is not 'expected to change these results. This
result indicates that the proposed project would not have an adverse traffic impact at
this intersection.
The Highway 11 /Highway 130 intersection is currently operating at acceptable levels of
service B and C in the morning and afternoon peak hours, respectively, although the
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September 2009 Greenhouse Specialists Expansion TZAR
EXHIBIT 1
Greenhouse Specialists Expansion TRAFFIC IMPACT ANALYSIS REPORT
northbound approach of Highway 11 is operating at minimally acceptable level of
service D in the morning peak hour.
The intersection is forecast to operate at an acceptable level of service C during the
ambient forecast morning peak hour although several approaches and movements
would be at minimally acceptable /unacceptable levels. The northbound approach of
Highway 11 would continue to operate at minimally acceptable level of service D. The
eastbound approach from the Shipman Center would be at level of service F and the left
turn lane of the southbound approach would be at level of service E.
The intersection is forecast to operate at a minimally acceptable level of service D in the
2014 afternoon peak hour, with the Highway 11 northbound approach and the
southbound left turn lanes operating at unacceptable level of service E.
The additional traffic generated by the proposed project would be very small and is not
expected to change these results in both peak hours, indicating that the proposed
project would not have an adverse traffic impact at this intersection.
The driveway to the project site is located on the east side of Milo Street between
Highway 130 and the Ulupono Town Center driveway. Vehicles leaving the project site
and making a left turn onto Milo Street to get to Highway 130 are not expected to be
blocked by outbound traffic queues on Milo Street. The level of service worksheets for
the morning and afternoon peak hour total with project forecasts in Appendix B show
that the 90% queue lengths on Milo Street would be 4 vehicles in both peak hours. The
project site driveway is longer than 120 feet (approximately 4 vehicle lengths) from Milo
Street, and therefore should not be blocked by outbound traffic queues.
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September 2009 Greenhouse Specialists Expansion TIAR
F,XHiRIT 1
Greenhouse Specialists Expansion TRAFFIC IMPACT ANALYSIS REPORT
CONCLUSIONS
The proposed nursery expansion project is forecast to generate a small number of
additional (new) trips (less than 30 per hour) during the morning and afternoon peak
hours. The small volume of trips is not expected to change traffic operations at the
Highway 130 /Milo Street and Highway 11 /Highway 130 intersections in the year 2014.
This indicates that the proposed project would not have an adverse traffic impact at
these intersections.
i
r
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September 2009 Greenhouse Specialists Expansion TIAR
EXHIBIT 1
References
•
EXHIBIT 1
Greenhouse Specialists Expansion TRAFFIC IMPACT ANALYSIS REPORT
References
1
1. Trip Generation Report, Seventh Edition, Institute of Transportation Engineers,
2003.
2. Trip Generation Handbook, Second Edition, Institute of Transportation Engineers,
2004.
1
3. Traffic Impact Assessment Report, Christian Liberty School, Kea'au, Island of
Hawaii, Hawaii, Parsons, Brinckerhoff Quade and Douglas, Inc., 1995.
4. FY 2008 -2011 Statewide Transportation Improvement Program, revised April 14,
2008.
5. County of Hawaii General Plan (amended Feb. 2005), Table 2.2.
6. Ulupono Town Center Website, http: / /www /uluponocenter.com
7. Addendum, Traffic Impact Analysis Report, Kea'au Industrial Subdivision, M &E
Pacific, Inc., 1998.
8. Traffic Impact Analysis Report for the Proposed W.H. Shipman Kea'au Master Plan
Increment 1 of Area D, The Traffic Management Consultant, 1999.
9. Traffic Impact Analysis Report for Kea'au Warehouses, M &E Pacific, Inc., 2008.
10. Highway Capacity Manual, Transportation Research Board, National Research
Council, Washington, D.C., 2000 Edition.
11. Highway Capacity Analysis Program, Version 1, Catalina Engineering, Inc., 2000.
12. Hawaii Long Range Land Transportation Plan, Frederic R. Harris, Inc., 1998.
•
AECOM PACIFIC, INC PAGE Ref -1 60102230 00300
September 2009 Greenhouse Specialists Expansion TIAR
EXHIBIT 1
Figures
EXHIBIT 1
1
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p 1 `.. ./ INTERSECTIONS Greenhouse Specialists. Inc, Expansion TIAR
September 2009
EXHIBIT 1
N
TO VOLCANO TO HILO TO VOLCANO TO HILO
Highway 11 Highway 11
420 -- 1155
I 375 r 1155
1345 -4 -, r 655 4, r
301 • 401
0 r M 1 )
F 4—
TO PAHOA -- 325 TOPAHOA 4- 1150
r 25 r 30
1555 -4 -, r Highway 130 510 -4 -, r Highway 130 ,
i 30 1 40 1
0 0 u) 0
N N 0) CO
M ilo Sreet Milo Sreet
Project Site Project Site
AM PEAK HOUR PM PEAK HOUR
A. JUNE 2008 COUNTS WITHOUT SCHOOL TRAFFIC
Source TIAR for the Kea'au Warehouses, prepared by M&E Pacific, Inc. (September 2008)
N
4—
TO VOLCANO TO HILO TO VOLCANO TO HILO
Highway 11 Highway 11
4- 420 4- 1155
r 400 r 1175
1345 -- - r 655 -4 -, r
30 1 N 40 1 0
LO 0 CO
N r V u)
4— 4—
TO PAHOA -- 325 TO PAHOA " 1150
r 85 r 50
1555 -4 -, r Highway 130 510 -4 -, r Highway 130
140 1 0 45 1
v) 0 u) 0
r u) v
Milo Sreet Milo Sreet
Project Site Project Site
AM PEAK HOUR PM PEAK HOUR
B. 2008 VOLUMES WITH 350 STUDENT SCHOOL TRAFFIC
Source TIAR for the Kea'au Warehouses, prepared by M&E Pacific, Inc. (September 2008)
FIGURE 2
EXISTING (2008) PEAK HOUR TRAFFIC VOLUMES
EXHIBIT 1
r
Highway 11- Volcano Road Highway 130 -
YEAR North Leg South Leg Keaau -Pahoa
ADT(1) ADT(2) ADT(1) ADT(2) ADT(1) ADT(2)
2000 36,139 32,545 22,308 ' 18,153 24,381 13,429
2002 35,158 19,915 18,066
2004 38,447 16,954 19,692
Source State of Hawaii Department of Transportation, Station No 2 -K
DAILY TRAFFIC VOLUMES
0 45,000 -
W
2 40,000
O 35,000 —
> 30,000 - -
V
ii 25,000 - -• • -- - — --- - - - - --
LL •
20,000 —... -_ • - • •
15,000 •
j „r 10,000 —
= 5,000 - 1
1 N 2000 2002 2004
YEAR
1 11 North Leg (1) -4-Hwy 11 North Leg (2)
-U-Hwy 11 South Leg (1) -44--Hwy 11 South Leg (2) •
-4t -KP Bypass (1) tKP Bypass (2)
FIGURE 3
• HISTORICAL TREND IN DAILY TRAFFIC VOLUMES
HIGHWAY 11 (VOLCANO ROAD) AT
HIGHWAY 130 (KEAAU -PAHOA BYPASS ROAD)
•
EXHIBIT 1
Hourly Traffic Volumes
Hour Highway 130 Highway 11 Hourly Traffic Volumes on Highways 11 and 130
Starting To , To To I To 1,800
at Keaau Pahoa Volcano Hilo w 1,600
5:00 AM 523 51 90 308 1,400
6:00 AM 1,3031 267 250 847 0
7:00 AM 1,690 598 540 1,320 > 1,200
U
8:00 AM 986 447 301 702 u. 1,000 i - — -
9:00 AM 879 489 2851 520 800
10.00 AM 699 496 407 484 1-
11:00 AM 628 556 425 467 600 — -
12:00 PM 629 617 457, 456 D 400 --
1:00 PM 726 706 481 479 m 200 1 - - -
2:00 PM 776 845 699 547 w�
3:00 PM 650 999 707 723 0 T
4:00 PM 551 1,203 631 528 e- P P P P P P Q 4 Q 2 Q 4 Q 4 ' Q 2 Q 4 "
5:00 PM 401i 1,347 695 458 0 •0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 00 00
(j. O. 1. 9 o ^ O . ^^. ^ r y . ^. ry. 0 . p,. y. 0.
6:00 PM 259; 802 566 392
Source. Hawaii State Department HOUR STARTING AT
of Transportation _
— 4-H130 to Keaau —M—H130 to Pahoa - - -H11 to Volcano —x—H11 to Hilo
Dates: Hwy 130- May 1, 2006
Hwy 11- Oct. 24, 2006
• FIGURE 4
HOURLY TRAFFIC VOLUMES ON HIGHWAYS 11 AND 130
rV,1iff r 1
N
ti
TO VOLCANO TO HILO TO VOLCANO TO HILO
Highway 11 Highway 11
•- 515 •- 1415
r 460 r 1415
1650 •, r 800 -4 •-, r
40 1 - 50 1
CO
+ n N- 0
N ct t`
4 F
I TO PAHOA -- 395 TO PAHOA 4- 1410
r 30 r 40
1905 -1 r Highway 130 620 -' 4 , r Highway 130
35 1 45 1
to u) u) 0
N N R V
Milo Sreet Milo Sreet
Project Site Project Site
AM PEAK HOUR PM PEAK HOUR
A. 22.5% AMBIENT TRAFFIC GROWTH (2008 -2014)
N
4— —110.
TO VOLCANO TO HILO TO VOLCANO TO HILO
( Highway 11 Highway 11
• 4- -4
r 29 r 10
-20 -4 '-1 r ', r
397 1 1
4d-
0 N CO CO
( F 411--
TO PAHOA TO PAHOA 4- -10
r 68 r 21
-62 -4 -, r Highway 130 4-1 r Highway 130
1251 71
N LL)
C7 Q) N
Milo Sreet Milo Sreet
Project Site Project Site
AM PEAK HOUR PM PEAK HOUR
B. SCHOOL TRAFFIC WITH 400 STUDENT ENROLLMENT
Source. TIAR for the Kea'au Warehouses, prepared by M &E Pacific, Inc (September 2008)
FIGURE 5
COMPONENTS OF AMBIENT TRAFFIC FORECAST
• EXHIBIT 1
N
4— —10 4— —110
TO VOLCANO TO HILO TO VOLCANO TO HILO ,
Highway 11 Highway 11
I- -8
r 4 r 24
• r •, r
51 31
u)
TOPAHOA TOPAHOA I -24
' r 9 r 51
r Highway 130 '-, r Highway 130
16 7 17 1
r ,. CO N
Milo Sreet Milo Sreet
Project Site Project Site
AM PEAK HOUR PM PEAK HOUR
C. ULUPONO TOWN CENTER COMMERCIAL COMPONENT
Source TIAR for the Kea'au Warehouses, prepared by M &E Pacific, Inc. (September 2008)
N
—
4— ---►
TO VOLCANO TO HILO TO VOLCANO TO HILO
Highway 11 Highway 11
r 27 r 8
11
m
n � N
4 — F
TO PAHOA TO PAHOA
r 28
-, r Highway 130 •, r Highway 130
267 51
up N-
u" N- N N •
Milo Sreet Milo Sreet
Project Site Project Site
f -. AM PEAK HOUR PM PEAK HOUR
D. ULUPONO TOWN CENTER INDUSTRIAL COMPONENT
• Source TIAR for the Kea'au Warehouses, prepared by M&E Pacific, Inc (September 2008)
FIGURE 5
COMPONENTS OF AMBIENT TRAFFIC FORECAST
EXHIBIT 1
Shipman N Shipman
4-- Center Center
TO VOLCANO TO HILO TO VOLCANO TO HILO
t 84 rn ^ C t 263
115 1 1 A 78 1 t
TOPAHOA 1- 12 TOPAHOA 4- 135
89 — Highway 130 58 —. Highway 130
Milo Sreet Milo Sreet
( Project Site Project Site
AM PEAK HOUR PM PEAK HOUR
E. SHIPMAN COMMERCIAL /INDUSTRIAL CENTER FORECAST
Source: TIAR for the Proposed W.H. Shipman Keaau Master Plan Increment 1 of Area D prepared
The Traffic Management Consultant (September 1999)
N
Shipman — 4— Shipman
TO VOLCANO Center TO HILO TO VOLCANO Center TO HILO
r 11 r 4
i •, r
co
4— F
TO PAHOA TO PAHOA
r 11 r 4
r Highway 130 r Highway 130
• 11 1 3 1
o r
N M
Milo Sreet Milo Sreet
Project Site Project Site
AM PEAK HOUR PM PEAK HOUR
F. KEA'AU WAREHOUSE TRAFFIC FORECAST
Source TIAR for the Kea'au Warehouses, prepared by M &E Pacific, Inc. (September 2008)
FIGURE 5
COMPONENTS OF AMBIENT TRAFFIC FORECAST
EXHIBIT 1
Shipman N ti Shipman
- Center 4- Center —�
TO VOLCANO TO HILO TO VOLCANO TO HILO
0 0, t 85 u'' ,n o f 265
1- 515 m '- '- 1405
1 '- t 535 .- 1 I- t 1465
115 1 -1 T r' 80 1 -, T r
1630 in 0 800 0
to
85 1 r' °' ' . 50 1 ° c°
- 4 —
TO PAHOA 1- 410 TO PAHOA — 1510
t 150 t 115
1930 , r Highway 130 680 -- -, r Highway 130
210 1 0 80 1 0
Milo Sreet Milo Srect
Project Site Project Site
AM PEAK HOUR PM PEAK HOUR
G. COMBINED AMBIENT TRAFFIC FORECAST
FIGURE 5
COMPONENTS OF AMBIENT TRAFFIC FORECAST
FXNIRIT 1
N
-- --I.
TO VOLCANO TO HILO TO VOLCANO TO HILO
Highway 11 Highway 11
r 2 r 4
F. -, r
1 1
N CO
4- F
TO PAHOA TO PAHOA
i r 3 r 4
-, r Highway 130 -T r Highway 130
i 41 31
N
r CO
Milo Sreet Milo Sreet
Project Site Project Site
•
AM PEAK HOUR PM PEAK HOUR
I
FIGURE 6
PROJECT GENERATED TRAFFIC ASSIGNMENTS
Shipman N ti Shipman
{ 4- Center �-- Center —4. l TO VOLCANO TO HILO TO VOLCANO TO HILO
O O 1n L 85 to in O L 265
co + I' 4- 515 r r .- 1405
• 1 1 1 - r 535 Highway 11 4-1 1 '-» r 1465
115 1 -, T r 80 1 -, 1 r
1630 -, O 800 - m
85 1 M °�' aD 50 1 CID `O N-
i
4— 4—
I TOPAHOA - 410 TO PAHOA 1510
! r 150 r 120
1930 - -, r -. -
Highway 130 680 , r Highway 130
1 215 1 0
o C 80 1 0 LO
0 N
I
Milo Sreet Milo Sreet
Project Site Project Site
I AM PEAK HOUR PM PEAK HOUR
FIGURE 7
i TOTAL WITH PROJECT TRAFFIC FORECASTS
4
. EXHIBIT 1
Tables
EXHIBIT 1
TABLE 1
, TRIP GENERATION ANALYSIS
TIME PERIOD Cumulative Trip Number Direction Number •
Generation Percent
( Land Use Units Rates of Trips of Travel of Trips
WEEKDAY AM PEAK HOUR
Private School (K -12) 350 students 0.79 277 Enter 61% 169
Leave 39% 108
Private School (K -12) 400 students 0.79 316 Enter 61% 193
Leave 39% 123
Mixed -Use (Shop Center) 38 ksf GLA 1.03 39 Enter 61 % 24
l Leave 39% 15
Mixed -Use (Industrial Park) 77 ksf GLA 0 84 65 Enter 82% 53
Leave 18% 12
( Ulupono Town Center Mixed- 115 ksf GLA Sum of 104 Enter 77
Use Comm. & Industrial Mixed - Uses Leave 27
Warehouse 60 ksf GLA 0.45 27 Enter 82% 22
Leave 18% 5
Nursery, Proposed 11 ksf GLA 1 31 14 Enter 75% 11
Leave 25% 4
Nursery, Existing 4 ksf GLA 1.31 5 Enter 75% 4
Leave 25% 1
Net Increase 9 Enter 7
Leave 2
WEEKDAY PM PEAK HOUR
Private School (K -12) 350 students 0.17 60 Enter 43% 26
Leave 57% 34
Private School (K -12) 400 students 0.17 68 Enter 43% 29
Leave 57% 39
Mixed -Use (Shop Center) 38 ksf GLA 3.75 143 Enter 48% 68
Leave 52% 74
Mixed -Use (Industrial Park) 77 ksf GLA 0.86 66 Enter 21% 14
Leave 79% 52
Ulupono Town Center Mixed- 115 ksf GLA Sum of 209 Enter 82
Use Comm. & Industrial Mixed - Uses Leave 126
Warehouse 60 ksf GLA 0 47 28 Enter 25% 7
Leave 75% 21
Nursery, Proposed 11 ksf GLA 3.8 42 Enter 25% 10
Leave 75% 31
Nursery, Existing 4 ksf GLA 3 8 15 Enter 25% 4
Leave 75% 11
Net Increase 27 Enter 7
Leave 20
EXHIBIT 1
i -
TABLE 2
I TRIP DISTRIBUTION ANALYSIS
1
HILO VOLCANO PAHOA
( TIME PERIOD Direction No. o f
No. of No. of No. of
Land Use of Travel Trips %
Trips Trips Trips
i WEEKDAY AM PEAK HOUR
Private School (K -12) 350 Students Enter 169 15% 25 20% 34 65% 110
(Current enrollment) Leave 108 70% 76 5% 5 25% 27
Private School (K -12) 400 Students Enter 193 15% 29 20% 39 65% 125
{ (2018 forecast) Leave 123 70% 86 5% 6 25% 31
Ulupono Town Center Enter 24 15% 4 20% 5 65% 16
(Mixed -Use Commercial) Leave 15 70% 11 5% 1 25% 4
Ulupono Town Center Enter 53 50% 27 1% 1 49% 26
(Mixed -Use Industrial) Leave 12 60% 7 1% 0 39% 5
I Ulupono Town Center Enter 77 30 5 42
(Mixed -Use Combined) Leave 27 18 1 8
Warehouse Enter 22 50% 11 1% 0 49% 11
I Leave 5 60% 3 1% 0 39% 2
Nursery Expansion Enter 7 30% 2 10% 1 60% 4
I Leave 2 50% 1 5% 0 45% 1
WEEKDAY PM PEAK HOUR
I Private School (K -12) 350 Students Enter 26 70% 18 5% 1 25% 7
1 (Current enrollment) Leave 34 15% 5 20% 7 65% 22
Private School (K -12) 400 Students Enter 29 70% 20 5% 1 25% 7
I (2018 forecast) Leave 39 15% 6 20% 8 65% 25
Ulupono Town Center Enter 68 70% 48 5% 3 25% 17
(Mixed -Use Commercial) Leave 74 15% 11 20% , 15 65% 48
I Ulupono Town Center Enter 14 60% 8 1% 0 39% 5
(Mixed -Use Industrial) Leave 52 50% 26 1% 1 49% 25
Ulupono Town Center Enter 82 56 4 22
(Mixed -Use Combined) Leave 126 37 15 74
Warehouse Enter 7 60% 4 1% 0 39% 3
Leave 21 50% 11 1% 0 49% 10
t Nursery Expansion Enter 7 50% 4 5% 0 45% 3
Leave 20 30% 6 10% 2 60% 12
I.
I
EXHIBIT 1
TABLE 3
LEVEL OF SERVICE ANALYSIS
INTERSECTION 2008 (EXISTING) 2014
PEAK HR/Approach WIO SCHOOL W/ SCHOOL AMBIENT TOTAL
MOVEMENT LOS DEL IV /C LOS :DEL V/C LOS : DEL IV /C LOS DEL IV /C
HIGHWAY 130 (KEAAU -PAHOA BYPASS ROAD) / MILO STREET
AM PEAK HOUR
Intersection A : 4.9. 0.60 A 7.1 0 69 B ! 17.6' 0.85 B 17.8 0.86
Milo Street WB Approach C 25.9 C 27 0 D 45.9 D 46.3
Left Turn Lane C 25.9 0.09 C 26.3 0.19 D 40.3 0.36 D ; 40.3 0.35
Highway 130 NB Approach A I 4.3' A 4 1 B 15 61 B ' 15 81
Highway 130 SB Approach A 5 3 B 13 2 B ' 15.8! B 16.01
Left Turn Lane C 30 5 0.21 D 50.6 0.73 D 51.0 0.71 D 51.4 0.71
( Through Lane A 3 4' 0.14 A 3.4 0.14 A 3.0 0.16 A , 3.0 0.16
PM PEAK HOUR
Intersection A ; 4.8 0.40 A 5.4 ,0.41 A 9.1, 0.59 A 9 7; 0 60
Milo Street WB Approach C ' 26.1 C 26.3 C 33 41 D 35 8
Left Turn Lane C 26.1 0.15 C 26.5 0 24 D 35.6 0.66 D 38.9 0.71
Highway 130 NB Approach A 0.8. A 0.8 A ' 1.4 A 1.4,
Highway 130 SB Approach A • 5.6' A 6.1 A 8.9 A 9.2'
Left Turn Lane C 30 6 0.26 C 32.1 0.43 D 45.3 0 72 D 48.0 0.75
Through Lane A 1 5 0 0 50 A 5 0 0 50 A 6.2' 0 65 A 6.2 0 65
1 '
HIGHWAY 11 (VOLCANO RD) / HIGHWAY 130 (KEAAU -PAHOA BYPASS RD)
r AM PEAK HOUR
Intersection B ' 17.4' B 17 2 C 26 7 C' ! 26.8,
Shipman Cntr EB Approach F 96.7. • F 96.7
Highway 130 WB Approach A i 1.0 A 1.3 A 6.4 A 6 4
Highway 11 NB Approach D 35.2' D 35.2 D 37.2 D 37 2
Highway 11 SB Approach B , 16.7 B 17.0 D 38.6 D 38.8
Left Turn Lane C 24.3 0.34 C 24 5 0 36 E 69 9 0.76 E 70.0 0.76
Through Lane A 9 9, 0 22 A 9.9 0.22 A 10.0' 0.23 A 10.0' 0.23
PM PEAK HOUR
Intersection C ; 20.4 0.62 C 20.9 0 63 D 38 4 0.92 D 38 7 0.92
Shipman Cntr EB aproach D 45 1 : D 45 1
Highway 130 WB Approach A 4.6 A 5 2 A 6.1' A 6.1
Highway 11 NB Approach C 25.7 C 25.7 E 69 9 E . 69.9,
Highway 11 SB Approach C , 23.0, C 23.6 D 37.4 D 37.8'
Left Turn Lane C 32.8 0.86 C 33.8 0.87 E : 57.9! 1 03 E 58 8 1 03
Through Lane B 13.2 0.59 B 13.2 0.59 B 16.1 0.73 B 16.1 0.73
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EXHIBIT 1
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TRAFFIC TURNING MOVEMENT COUNT
KEAAU WAREHOUSE
i
LOCATION: Keaau -Pahoa Bypass Road /Milo Street
I DATE: Tuesday, June 3, 2008 TO PAHOA TO HILO
TIME: 6.00a -8.30a / 3 OOp -5:30p KEAAU -PAHOA BYPASS ROAD
WEATHER: 1 I- 6
RECORDER: 2 1 f 5
4 T r
3 4
MILO STREET
l TIME MOVEMENT NUMBER
PERIOD 1 2 3 4 5 6 TOTAL
6 00 -6 15a 202 9 3 3 9 43 269
1 615 -6.30a 264 7 1 5 4 36 317
6 30 -6 45a 385 7 4 6 6 43 451
6 45 -7 00a 334 11 6 3 7 67 428
I 7 00- 410 5 5 3 7 89 519
• 7 15 -7 30a 426 5 6 9 6 125 577
7 30 -7 45a 307 7 3 6 6 86 415
I 7 45 -8:00a 299 13 2 . 5 11 94 424
8'00 -815a 249 7 7 12 13 69 357
8 15 -8 30a 204 9 4 2 4 52 275
6 -8 3080 80 41 54 73 704 4032
1 6 30 -7 30a 1555 28 21 21 26 324 1975
PHF 0.918 0 668
I
TIME MOVEMENT NUMBER
PERIOD 1 2 3 4 5 6 TOTAL
3 00 -3 15p 157 8 9 7 13 198 392
3'15 -3 30p 138 8 5 16 10 207 384
1. 3 30 -3 45p 148 5 16 19 9 251 448
3.45 -4.00p 137 20 10 10 6 248 431
• 4 00 -4.15p 132 7 8 8 11 327 493
4.15 -4 30p 93 6 6 8 7 236 356
I 4 -4 45p 146 5 11 6 8 340 516
4.45 -5 00p 105 9 11 8 10 288 431
5'00 -5 99 1 11 8 10 268 397
I. 5 15 -5 30p 109 0 5 2 8 257 381
300 -5 30p 1264 69 92 92 92 2620 4229
3.45 -4.45p 508 38. 35 32 32 1151 1796
1 PHF 0 904 0 85
I.
EXHIBIT 1
TRAFFIC TURNING MOVEMENT COUNT
KEAAU WAREHOUSE
I
LOCATION: Hawaii Belt Road (aka Volcano Highway) /
Keaau -Pahoa Bypass Road —i
DATE: Tuesday, June 3, 2008 TO VOLCANO TO HILO
TIME: 6 OOa -8 30a / 3 00p-5 HAWAII BELT ROAD (aka VOLCANO HIGHWAY)
WEATHER: 1 -' I — 6
RECORDER: 2 1 r 5
�, r
I- 3 4
• KEAAU -PAHOA BYPASS ROAD
I TIME MOVEMENT NUMBER
PERIOD 1 2 3 4 5 6 TOTAL
6 00 -6 146 7 2 187 47 61 450
6.15 -6 30a 217 4 8 248 44 63 584
- 6:30 -6 45a 285 6 4 352 45 75 767
6 45 -7 00a 352 10 5 361 86 106 920
1 .
7 00 -7.15a 317 9 4 352 81 86 849
715 -7 365 7 6 363 115 111 967
7.30 -7 45a 311 6 6 364 95 119 901
7 45 -8 00a 263 6 9 283 110 113 784
( 8 00 -8.15a 217 8 10 207 83 102 627
8 -8 217 3 2 232 83 118 655
I 6.00 -8 30a 2690 66 56 2949 789 954 7504
6 45 -7.45a 1345 32 21 1440 377 422 3637
PHF 0 925 0 987 0 884
I 6 30 -7 30a 1319 32 19 1428 327 378 3503
TIME MOVEMENT NUMBER
PERIOD 1 2 3 4 5 6 TOTAL
I . 3 00 -3 15p 182 13 3 151 209 202 760
3 15 -3 30p 176 11 18 152 211 232 800
3 -3 45p 171 6 25 156 222 254 834
I 3 45 -4 00p 193 6 14 160 252 245 870
4 00 -4 15p 149 6 8 127 270 253 813
4 -4:30p 135 10 6 113 265 289 818
4 -4 45p 176 17 5 174 370 369 1111
4 45 -5 00p 111 5 . 10 96 232 210 664
5 00 -5.15p 107 13 13 117 301 342 893
5 -5 135 13 12 106 236 259 761
3:00 -530p 1535 100 114 1352 2568 2655 8324
3.45 -4:45p 653 39 33 574 1157 1156 3612
PHF 0 896 0 848 0.782
4 -5 30p 529 48 40 493 1139 1180 3429 •
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Harry Kim : ,• •?:'vy •,I Christopher J. Yuen
Mayor : 1 ' D,rectnr
''+ Brad Kurokawa, ASLA
•
LEED®AP
(flaunty of txfurxii Deputy Director
PLANNING DEPARTMENT
101 Pauahi Street, Suite 3 • Hilo. Hawaii 967204224
(808)961 -8288 • FAX (808) 961-8742
July 14, 2008
Thomas L.H. Yeh, Esq.
Tsukazaki Yell & Moore •
85 W I.anikaula Street
Hilo, HI 96720 -4199 •
Dear Mr. Yeh: •
SUBJECT: LUPAG Determination
TMK: (3) 1 -6- 003 -020; Keattu, Puna District, Hawaii
i . This is in response your May 30, 2005, letter requesting the Planning Director's
determination that the General Plan Land Use Pattern Allocation Guide (LUPAG) map
designation of Tax May Key (TMK) (3) 1- 6- 003:020 is Industrial.
i..
As you noted in your letter, Special Permit No. 931 and Planning Department background
reports for ordinances that reclassified and rezoned nearby parcels consistently identify the
subject parcel as being designated Industrial by the LUPAG map. With that precedent in
mind, we agree that the General Plan Land Use Patten Allocation Guide (LUPAG) map
designation of TMK (3) 1- 6- 003.020 is Industrial.
In your letter, you also noted that your client is contemplating the submittal of a Change of
Zone application from Agricultural (A -20a) to Industnal- Commercial Mixed Zoning (MCX).
When considering such an application, the Planning Department, the Planning Commission,
and the County Council will consider both the General Plan and the Puna Community
Development Plan (CDP), among other factors.
The General Plan (section 14.4.1, p. 14 -34) identifies the following areas for MCX zoning:
Keaau (Gateway Center), Hawaiian Paradise Park, Hilo Iron Works, Waiakea Houselots,
Kona Industrial Subdivision and the adjacent arca to the north, and Honokohau (south of the
existing Kaloko Industrial Subdivision). With that in mind, a change of zone to Limited
Industrial (ML) rather than ,MCX would be more appropriate for the subject parcel.
Hawaii County is an Equal Opportunity Provider and Employer.
EXHIBIT 2
Thomas 1_..H. Ych, Esq.
Tsukazaki Yeh & Moore
Page 2
July 14, 2008
•
Community Development Plans translate the broad General Plan statements to specific
actions as they apply to specific geographical areas. The Puna CDP is currently under
consideration by the County Council (see http:i/www.hcre.info/community-
- planningicommumty- development -plans /puna). Though the CDP will not guide decision
making until it is adopted, your client may wish to consider the draft CDP when weighing
options.
In a letter to the County Council dated June 26, 2008, we made a number of
recommendations related to the Puna CDP, some of which relate to the subject property, so
we've attached a copy for your reference. Please note the following:
• On page 4, we recommend that Section 5.2.1 of the CDP limit industrial zoning
within designated "regional centers" to MCX zoning, as opposed to ML or General
Industrial (MG) zoning.
• On page 12, we recommend that the regional center maps be revised for clarity. The
l original and revised maps for the Keaau regional center are attached. Note that
neither the original nor the revised map includes the subject parcel within the Keaau
regional center boundaries.
• On pages 9 -11, we recommend that section 5.2.4 be added to the CDP to identify
additional areas for industrial development. Note that on page 11, we recommend
that further Industrial development should occur on sites currently designated in the
General Plan LUPAG map and that sites proposed for industnal development in the
CDP that are not in the LUPAG should be ML rather than MG or MCX. The intent
is to concentrate commercial uses in regional centers, to allow only light industrial
activity near residential and agricultural areas, and to segregate heavy industry from
residential and agricultural areas.
•
Bearing those recommendations in mind, our current planning direction for this area would
�_._. he more consistent with a change of zonc to ML rather than MCX for the subject parcel.
I..
EXHIBIT 2 -- - ..
Thomas L.II. Yeh, Esq.
Tsukazaki Yeh & Moore
Page 3
July 14, 2008
Should you have questions, please contact Ron Whitmore or Alice Kawaha of my staff at
961 -8288.
•
Smcerel
CHRISTOPHE . YUEN
Planning Director
RW:cs
1' lu pwm60`ANhrtmore{General Plan `d)ctcnninunons`:rirccnhouse Specialists 3-1-6-003m20 Arc
Enclosures
I..
xc: Long Range Planning Division
Planning Division
Planning Cominittce
SPP 931
•
•
•
EXHIBIT 2 ... .
•
•
��, Kim ;I•:4 4J!: Christopher 3. Yuen
: r r• f / Director
• ;
ti :;r:
Sri a ; Brad Kurokawe, ASLA
LEED ®AP
anuntg of 314abniii Deputy Director
PLANNING DEPARTMENT
101 Peuahi Street, Suite 3 • Hilo, Hawaii 967204224
(808) 961-8288 • FAX(808)961 -8742
June 26, 2008
Honorable K. Angel Pilago, Chair
and Members of the Committee on Planning • . -
HAWAII COUNTY COUNCIL
333 Kilauea Avenue, Second Floor •
1 • Hilo, HI 96720
1 Dear Chair Pilago and Members of the Committee on Planning
SUBJECT: PUNA COMMUNITY DEVELOPMENT PLAN
1 During the course of public hearings on the Puna Community Development Plan by the
planning commission, a number of concerns came up that should be addressed, and were
not covered by either the planning director's initial recommendation to the planning
commission, or by the planning commission's proposed amendments. The planning
director is suggesting that the council make certain amendments to the CDP as a result of
these hearings.
Zoning Process for Regional, Village, and Neighborhood Centers (sec.
5.2.1)
The process for making the necessary land use changes for the village and regional
centers caused some concern. Most of these areas are currently in the state land use
agricultural district and are in county agricultural zoning. To become a village or
regional center, these sites would need an amendment to the General Plan LUPAG map
(except when they are currently consistent with the LUPAG), a state land use boundary
amendment to urban, which can be done by the county council for areas of 15 acres or
less, and county rezoning. The CDP does not rezone land in itself; it is a guide to future
zoning. The draft CDP proposed a "floating zone" concept, which creates additional
questions because this concept currently does not exist in the zoning code, and an
optional "purchase of development rights" procedure, which also does not exist in the
zoning code. In order to simplify the process, the Planning Director proposes eliminating
the references to "floating zone" and purchase or transfer of development rights. Sec.
5.2.1 would then read as follows (ramseyered from current CDP draft):
' I
Hawaii County is an Equal Opportunity Provider and Employer
EXHIBIT 2
Honorable K. Angel Pilago, Chair
and Members of the Committee on Planning
HAWAII COUNTY COUNCIL
Page2
June 26, 2008
"5.2 VILLAGE /TOWN CENTER FORMATION
i
5.2.1 Zoning Designations
Village and town centers are expected to include a mix
of uses, including small -lot and higher density •
residential, retail and office commercial, service -type -
light industrial, and public and quasi - public facilities,
such as schools, churches and parks.
Some of the proposed centers already contain many of
these "urban" uses, and even a limited amount of zoned area
to accommodate expansion of these uses. Other proposed
village centers - namely, those within most of the
nonconforming subdivisions - have no urban -type zoning and
little or no existing commercial activity or public
facilities. Most of the larger subdivisions, however,
contain community -owned lots that have been designated for
community uses. While these lots provide a potential
location for a Village center of suitable size, they lack
the zoning - and usually the infrastructure - to fulfill
this potential.
[Because the formation of village and town centers is
a keystone of the Puna Community Development Plan's growth
management ,theme, and many of the proposed village centers
require land assembly and significant infrastructure
improvements, the maps defining the location of the village
centers are not meant to imply that the landowner(s) of the
affected area may apply directly for re- zoning in the
conventional way. Instead, the following approaches will
• be used for the zoning of village /town centers:
• All commercial, light industrial, residential and
quasi - public uses within village centers shall be
authorized under the "floating zone ", method; i.e.,
where the village center zoning district is defined
in zoning code, but is not applied to a specific
parcel or group of parcels until an application is
made for approval of the zoning map by the County.
EXHIBIT 2_
Honorable K. Angel Pilago, Chair
and Members of the Committee on Planning
HAWAII COUNTY COUNCIL
Page 3
f
June 2G, 2008
• The village /town center floating zone may supersede
existing zoning designations, provided that the uses
are located within the areas designated as village
center.
• The floating zone may also allow mixed use within a
building and establish special, place- appropriate
development and design standards, including for
public facilities.
• If the village center site is on land that is owned
by an entity that owns at least 50 acres of land
elsewhere in Puna, the intensity of uses in the
village /town center may be augmented by the amount
of development potential that is transferred from
nearby agricultural -zoned and residential -zoned
properties that lie outside of the designated
village center. Development potential will be
measured by "Potential Dwelling Units" (PDUs); i.e.,
:he number of dwelling units that could be developed
on the agricultural -zoned or residential -zoned land
under its zoning classification, as determined by
minimum allowable lot area, assuming one dwelling
per lot.
• More intensive residential development, including
multi- family dwellings, within and in the immediate
vicinity of village /town centers may be allowed by
the transfer of development rights from other areas
using a variety of mechanisms, including the process
described above, land pooling, planned unit
development and development agreements.
• Public and quasi- public uses, such as schools,
churches and community centers, may be developed
within village centers without the transfer of PDUs.
The development of such uses outside of a village
center by Special Permit will be discouraged, unless
there is a compelling reason to locate the facility
in an outlying area due to its particular
characteristics or circumstances.
EXH1BLT.2 .........._ -.... - .... .
•
•
Honorable K. Angel Pilago, Chair
and Members of the Committee on Planning
HAWAII COUNTY COUNCIL
Page4
June 26, 2008
• Existing buildings with existing commercial,
industrial and residential zones in village /town
( centers may be repaired, replaced or expanded
without a floating zone review procedure. However,
vacant parcels and new buildings within these zoning
• districts will require review for compliance with
the applicable floatinc zone standards.]
Future zone changes and state land use boundary amendments
for the regional town centers and community village centers
at Kea'au, Pahoa, and Hawaiian Paradise Park shall be based
on a master plan that sets out a specific land use pattern,
street la out, infrastructure develo ment •lan and design
standards. For neighborhood village centers, a master plan
is not required. The County Council shall review and
approve the master elan along with the rezoning.
The master •lan should be •re.ared through an inclusive,
community -based process that involves major stakeholders,
including landowners, community representatives, and public
agencies.
Under the current zoning code, the most appropriate zoning
classification for village and town centers is CV, village
commercial. The rezoning ordinance for a village or town
center may contain overall density and development limits,
as well as restrictions on uses, to tailor CV zoning to the
specific needs of the regional or village center.
Residential areas may be zoned RS, RCX, or RM. The county
may also amend the zoning code to create new zoning
classifications more suited to the town or regional
centers. Any industrial zoning within regional centers, to
i .. the extent not allowed under CV zoning, should be limited
to MCX zoning. Other industrially -zoned areas, outside of
the regional town centers, should be located as described
in Section 5.2.4."
I•
Honorable K. Angel Pilago, Chair
and Members of the Committee on Planning
HAWAII COUNTY COUNCIL
Page 5
June 26, 2008
.Table 5 -1, Town Center Criteria
Concerns were also expressed over Table 5 -1, which gives "General Use and Design
Criteria" for the various types of commercial centers. Specifically, there was an
objection to the reference to a maximum of 250,000 square feet of commercial area for a
regional town center, the limits on size of tenant spaces, including 50,000 square feet as
the maximum in a regional town center, and the reference to "vernacular architecture."
After further review, the planning director recommends eliminating these provisions.
The ultimate extent of commercial development within a regional town center should be
limited by market forces. Limits on the size of individual tenants, if desired, can be left
to the master plan for a regional center for areas not currently zoned. There should not be
a blanket restriction on large stores in regional centers. The consumer can make this
decision, or, if desired by the council, it can be imposed at the time of rezoning.
"Vernacular architecture" is too vague a concept to provide guidance for a developer or a
basis for regulations, and again, for a town or village center, the master plan should
specify design guidelines.
For consistency with the recommended amendments to Sections 5.2.1 the following
additional amendments are also recommended by the Planning Director:
• On page 2 -3, amend the second to last paragraph as follows (ramseyered from current
CDP draft):
"Puna's history is also evident in the architecture of
its older towns and villages; namely, Kea'au, the
Kurtistown- Mountain View corridor, Pahoa, and Volcano.
Each of these places has a distinctive design character
that reflects its history and location. Volcano presently
has a small, legally recognized historic district, but
otherwise there are no special design controls to preserve
the design character of these towns. Of the four towns,
Volcano and Pahoa have the greatest potential for
designation as Special Design Districts, based on their
existing fabric. Design controls for Kea' au and
Kurtistown- Mountain View can be woven into the ( "floating
zone "]master plan /rezoning approvals for the village center
designations for those places, which is discussed further
in Chapters 3 and 5."
1
— -- EXHIBIT..2.. -._.. ._ .....
•
Honorable K. Angel Pilago, Chair
and Members of the Committee on Planning
HAWAII COUNTY COUNCIL
Page 6
June 26, 2008
• On page 3 -5, delete the first bullet item under Section 3.1.3.b.
• On page 3 -7, amend Section 3.1.3.e. as follows ( ramseyered from current CDP draft):
"Creating a [ "floating zone "]master plan for [new] each
[village /town] regional town center [with] as prescribed in
Section5.2.1 [pre- determined development standards based on
village /town center type that can be applied to the
village /town center once ittth location has been determined] ;
and
• On page 5 -5, amend the last paragraph of Section 5.2.2 (ramseyered from current
CDP draft):
"The maps shown in this chapter are not meant to be
precise or strictly interpreted, but rather as guidelines
in the preparati.on of regional town center master plans and
for reviewing [the requests for ]village center [floating
zone] rezoning [designation] requests, at which time the
boundaries will be fixed."
• On page 5 -5. amend the first paragraph of Section 5.2.3 ( ramseyered from current
CDP draft):
"Land uses, design themes and architectural and site
desian standards for each village /town center will be
determined through the [floating zone] preparation of each
regional town center master plan and the rezoning [site]
approval process. Table 5 - 1 provides guidance on the
scale, uses, and general site and design characteristics
for three types of town /village centers."
• On page 5 -19. delete the first bullet item under Section 3.1.3(B):
• On page 5 -19. delete the first bullet item under Section 3.1.3(13):
Table 5 -1 would then read as follows (this is not ramseyered from the CDP draft; it is the
replacement):
i 1
I
Honorable K. Angel Pilago, Chair
and Members of the Committee on Planning
HAWAII COUNTY COUNCIL
Page 7
I June 26, 2008
General Use and Design Criteria by Village /Town Center Type
Regional Town Community Village Neighborhood
I Center Center Village Center
Service
Area 20,000 to 50,000 7,000 to 3,000 to 6,000
Population residents . . • 15,G00residents residents
Commercial
Land Area More than 30 acres 10 -30 acres Up to 10 acres
More than 40
tenant spaces for
full range of 5 to 15 small
retail and tenant spaces for
personal services, 20 to 40 small convenience retail
repair shops and tenant spaces for and personal
other light retail and personal services;
industrial uses; services, repair neighborhood park,
regional park; shops; community elementary school,
I schools (all park, elementary or multi - purpose
grades); community middle school, meeting room or
hall, theater; community center (minimum) place to
Typical outdoor events and outdoor events congregate or post
i Components area; bed -and- area; bed -and- community notices;
breakfast homes breakfast homes and outdoor events area
and small inns; small inns; elderly (e.g., barbecues
elderly or other or other special and farmer's
j special needs needs housing; markets); small
! housing; transit transit stop; bed - and - breakfast
hub; medical medical clinic; homes; transit (or
facility with walking and . paratransit) stop;
1 emergency room; bicycling paths. connections to
police and fire walking and
station; walking bicycling paths.
C and bicycling
1 paths.
Access to one or Access to one or Access to a paved
more paved roads; more paved roads; road, except that
commercial or there should be no •
commercial or
( public uses public uses without direct access or
Access without direct ;direct driveway visibility from
driveway access to access to Highway either Highway 11
Highway 11 or 11 or Highway 130; or Highway 130i no
Highway 130. no "drive -thru" °drive -thru"
commercial use. commercial use.
( .
1
I -
_.... • - - - -. .._. — — EXH�BLT_2_..-
I f Honorable K. Angel Pilago, Chair
and Members of the Committee on Planning
HAWAII COUNTY COUNCIL
Page 8
I June 26, 2008
Kea'au Town Center
A concern was also expressed that the CDP unnecessarily limits the future expansion of
Kea'au, particularly as expressed in sec. 3.2.3(c): "Rescind the Urban Expansion Area
designations in the County of Hawai'i General Plan LUPAG, except where they
correspond to the recommended Village Center boundaries for Kea'au and Pahoa, as
illustrated in Chap. 5." (p. 3 -10). The LUPAG does have a very large "altemate urban •
expansion" area for Kea'au, much larger than any realistic expansion of the town in the
time frame of the CDP or General Plan: On the other hand, the CDP should not rule out
some expansion of the town for residential and associated neighborhood services, as
shown in the Kea'au Town Conceptual Master Plan initiated by W.H. Shipman, Ltd.,
with community input. The regional center boundaries should be the limits for regional
commercial development. The planning director recommends that this action item be
reworded as follows, ramseyered from the current CDP:
"c. Rescind the Urban Expansion Area designations in the
County of Hawai'i General Plan LUPAG for Pahoa, except
where they correspond to the recommended [Village]Regional
Town Center and industrial boundaries [for Kea'au and
Pahoa], as illustrated in Chap. 5.]"
At the same tune, p. 5 -8 should be amended to read as follows (ramseyered from the
current CDP draft):
"Kea`au Regional Town Center
The Kea'au Town Center consists of two parts. The
area bounded by Highway 11 and the Highway 130 By -Pass,
including the original plantation village, for uses that
are oriented primarily to residents of the Kea'au community
itself. The exceptions are the middle and high school and
the post office next to Kea'au Shopping Center, which are
region- serving facilities. Most uses of a regional
orientation - e.g., Shipman Park, the areas already zoned
for commercial and light industrial uses, and proposed new
police, fire, transit, and medical facilities - are to be
located north of Highway 11 to provide convenient vehicular
access.
,I
— ..__.. _. EXHIBIT.2
Honorable K. Angel Pilago, Chair
and Members of the Committee on Planning
HAWAII COUNTY COUNCIL
Page9
June 26, 2008
The area designated for community - oriented use is 597
�. - acres, approximately 24% of which has been zoned and /or
developed for commercial, residential and public /quasi-
public use. The area for region- oriented uses covers 331
acres, approximately 50% of which is now zoned or developed
for commercial, industrial or public use. Nearly all of
the designated village center is within the State Urban . •
District.
[There is no community -based plan for Kea`au, but the
principal landowner, Shipman Estate, has a master plan] The
principal landowner, W.H.Shipman, Ltd., has developed a
(
master plan with community participation that indicates not
only the development of the area within the designated
village center, but, in the long -term, much of their land
beyond. Control of most of the land by a single owner
facilitates the planning and development of the proposed
1 village center.
Commercial development that serves regional uses
$ should be limited to the "regional town center" boundaries
as illustrated. Rezoning for residential development at
higher densities, along with zoning for associated
neighborhood- oriented services, can occur within the LUPAG
"alternate urban expansion areas ", provided that such
zoning proce in phases outward from the designated
regional town center."
New Industrial Development
There was also a comment that the CDP should have additional areas for industrial
development. The planning director recommends that a new section be added to the text
of the CDP, immediately after sec. 5.2.3, on p. 5 -16:
l
"5.2.4 Industrial Zoning
As indicated in Table 5 -1, Regional Town Centers would
accommodate onl "re air shops and other light industrial
•
— — - EXHIBIT 2_ ........ . ... —
Honorable K. Angel Pilago, Chair
and Members of the Committee on Plarmrng
HAWAII COUNTY COUNCIL
Page 10
June 26,2008
_ uses" that would fit compatibly within a mixed-use, r "walkable" community that includes schools, parks and
higher density residential neighborhoods. Generally, light
industrial uses may not be compatible with some of the
village centers, which are mostly located within existing
subdivision neighborhoods, although the Hwy. 11 site makai
of Volcano Village might be a suitable site for such uses
serving upper Puna.
Puna does, however, need more sites for service -type
light industrial uses that might not be compatible with the
mixed use nature of the Regional Town Centers. These
service -type uses include self - storage facilities, sites
for small businesses, and trucking and contractor
baseyards. Currently, the only industrially -zoned areas in
Puna are the Shipman Business Park, consisting of 487
acres, of which perhaps 40% has been developed and
subdivided, about 25 acres near Milo St. and the former
Puna Sugar Mill (current HELCO power plant in Kea'au, and
a 1 acre site in Mountain View used by Verizon. There are
also MCX (mixed industrial- commercial) zones at Gateway and
Ulupono Center in Kea'au, but these are likely to be
developed more for commercial uses.
Although the undeveloped area within the Shipman
Business Park is very large, it is at some distance from
j emerging population centers in Hawaiian Paradise
Park /Orchidland /Ainaloa and upper Puna, and there has been
a demand for light industrial sites closer to these
population centers. This has resulted in special permit
applications creatin. li -ht industrial uses scattered among
residential and agricultural lots, rather than planned
development.
i.
The 2005 General Plan's LUPAG Map added a proposed
industrial area on Kaloli Dr. between 13` and 15 Ave. in
Hawaiian Paradise Park, which has not been developed.
- -- . _... EXHIBIT 2- - ..__ ._ ......... .
I
I Honorable K. Angel Pilago, Chair
j and Members of the Committee on Planning
HAWAII COUNTY COUNCIL
Pagel] 1 June 26, 2008
The Community Development Plan proposes that further
industrial development should occur on the sites currently
r designated in the General Plan LUPAG map, plus the
� following:
(1) a 100 acre site on DHHL property, makai of the new
1 county fire station (see Fiq.5 -2); •
(2) an area generally mauka of Malama Market (Fig. 5 -2
) ;
(3) an area along 33 St. in Hawaiian Paradise Park,
from Maku'u, going toward Kea'au (Fig.5 -3), where several
businesses have special permits. This area, which consists
of 46 lots of 0.5 to 1.0 acres, should become a light
industrial area only if the survey currently being
conducted by the Planning Department shows that lot owners
want this change and are willing to fund the infrastructure
improvements necessary to create a light industrial area:
.road improvements, water, and thick landscaping to shield
the site from Hwy. 130 and the residential lots abutting
the site.
i
Industrial development for those sites proposed in the
community development plan that are not in the LUPAG should
I be _preceded by LUPAG map amendment, proper zoning, and
infrastructure development: adequate road access, water,
and landsca•in• to limit visibilit from the hi•hwa s. The
zoning of these sites should be ML (limited industrial)
rather than MG (heavy industrial), to emphasize that these
sites are to provide services to the residential and
agricultural communities, and not MCX, because that zoning
also allows most commercial uses. All industrial sites
should have an alternate access to the main highway, and no
lots should have direct highway access. For the DHHL site,
this alternate access could be from Kahakai Blvd., through
one of the adjacent farm lots. For the site mauka of
Malama Market, this could be via an extension of Kahakai
i Blvd.
. _... __ F.XHiBIT�
Honorable K. Angel Pilago, Chair
and Members of the Committee on Planning
HAWAII COUNTY COUNCIL
Page 12
June 26, 2008
Map Revisions
• It was also suggested by the planning commission that the regional, village, and
neighborhood center maps be revised. In particular, the maps were not clear that the
zoning designations given were existing rather than proposed. These map revisions are
currently being prepared and will be given to the council in a separate letter prior to the
July 1, 2008 planning committee meeting. They will clearly label "existing zoning", add
the industrial areas mentioned above, and make a few other revisions. -
Adoption by Resolution •
There was some public testimony in favor of adopting the Puna CDP by resolution rather
than by ordinance. This change should not be implemented. The 2005 General Plan, p.
15 -2, says that the council is supposed to adopt the CDP by ordinance. That alone should
end any debate on this point. The public has consistently been told that that CDP's will
be enacted by ordinance. What that means in legal and practical tenns is not a simple
issue. The council should refer to the Planning Director's May 1, 2008, letter to the
Steering Committees, for a detailed discussion of this point. Although this letter was also
copied to the council, it is attached to this letter for the convenience of the
I... councilmembers. Many of the policies and actions proposed in the CDP's will not be
legally binding, even though it is adopted by ordinance, just as many of the policies and
actions proposed in the General Plan are not legally binding, even though it is also
adopted by ordinance.
The planning director respectfully requests that the council amend the Puna CDP to
include these changes, as well as those recommended by the director in the letter from the
planning commission transmitting the CDP. Any substantive amendments made by
council, including the above, will have to go back to the CDP steering committee and to
the planning commission for their comment before final action is taken on the CDP by
the council.
Smcerel ,
CHR TOPHER J. %tJ1;N
Planning Director
CJYpak
Wpwin60/CMs 08 — Pilago — Puna CDP June 25 Amendments
Attachments
VYHIRIT 7
•
Honorable K. Angel Pilago, Chair
and Members of the Committee on Planning
HAWAII COUNTY COUNCIL •
Page 13
June 26, 2008
cc: Mr. John Whalen, Pan Pacific
Mr. Jon Olson, Chair — Puna CDP
Mr. Larry Brown
Mr. Rodney Watanabe, Chair and Members of the Planning Commission
•
I I
4
— — .EXHIBIT 2 ........._...._........._ .
it
Harry Kim oo. °•�C• .,;.
Mayor , Christopher J. Yuen
+t (��% w�rf, ' Director
.
. s' Brad Kurokawa, ASIA, Luzon
• oxi? Deputy Director
County of Hawaii
PLANNING DEPARTMENT
May 1, 2008 Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
Phone(808)961 -8288 • Fax(808)961 -8742
Mr. Kenneth M. Melrose, Chair
Kona Community Development Plan Steering Connnittee
81 -950 Onouli Road
Kealakekua, HI 96750
Mr. Jon A. Olson, Chair
Puna Community Development Plan Steering Committee
13 -631 Leilani Avenue
Pahoa, HI 96778
Ms. Fem White, Chair •
- 1 North Kohala Community Development Plan Steering Committee
PO Box 22
( Hawi, Iii 96719
South Kohala Community Development Plan Steering Committee
c/o County of Hawaii, Planning Department
•
101 Pauahi Street, Suite 3
Hilo, HI 96720
1 ,
Dear Messrs. Melrose and Olson, Ms. White, and South Kohala Community
Development Plan Steering Committee:
�.. SUBJECT: COMMUNITY DEVELOPMENT PLAN LEGAL EFFECT
A number of questions have been asked by CDP steering committee members, other
citizens, and county staff about the legal effect of the CDP's once they are enacted. So
this letter, although addressed to the chairs of the steering committees, is really for the
• information of the broader community involved in the CDP process, including the county
council and planning commission.
Sec. 15.1 of the 2005 General Plan requires that the CDP's be enacted by ordinance. The
question is what the actual effects are of enacting a CDP by ordinance.
•
t �
EXHIBIT 2 -
Mr. Kenneth M. Melrose, Chair
Kona Community Development Plan Steering Committee
Mr. Jon A. Olson, Chair
•
Puna Community Development Plan Steering Committee
Ms. Fem White, Chair
North Kohala Community Development Plan Steering Committee
South Kohala Community Development Plan Steering Committee
( c/o County of Hawaii, Planning Department
Page 2
May 1, 2008
The answer is not simple, and it depends upon the specific wording or the provisions of
the CDP and upon the type of follow -up action. A plan, like a CDP, is a guide to future
actions. A plan exists to create a long -range framework and direction for specific
decisions. It is not self - implementing, and it is not the action itself. A CDP, for example,
may direct that rezoning in the CDP area follow certain criteria, but it does not in itself
rezone land.
The question of the legal effect of the CDP is really part of the broader question of how
the CDP's are to be implemented. In thinking about the implementation of a plan, it is
very helpful to think about the type of action that would implement it. Chap. 15 of the
General Plan has a good description o the types of implementing actions. In particular,
there are implementing actions that are regulatory. This is common in the land use area,
and includes things like rezoning and subdivision approvals. Or there are implementing
actions that require funding, like the construction of a park. To make the point that the
CDP's are not "self-implementing" by other examples: none of the provisions in the
CDP's directly regulate conduct by the general public like ordinances that set a speed
limit in an area, or that prohibits smoking in certain places, or that prohibit construction
in setbacks, or that prohibit some kinds of land uses in certain zoning districts. For these
types of ordinances, the county government can cite the violator based directly on the
ordinance in question. The CDP's and the General Plan are not directly regulatory in this
sense: you will not be able to cite a member of the general public for violating some
provision of CDP. Their regulatory effect is that they guide, and in some cases mandate,
how other regulatory programs are handled.
In this letter, whenever it says that a provision in the CDP is "legally binding", or
"mandatory", it means that a court could enforce the CDP to overturn a decision that had
been made by the county council, planning commission, or other county decision - making
body, based on language in the CDP. Or, that because of language in the CDP, a court
could order the county to take certain actions. In practical terms, this is the real meaning
of the CDP being legally binding or mandatory. As discussed below, because the CDP is
-- - - -... EXHIBIT 2 ................._._......._... -
I I
I. !
Mr. Kenneth M. Chair
I Kona Community Development Plan Steering Committee
Mr. Jon A. Olson, Chair
Puna Community Development Plan Steering Committee
Ms. Fern White, Chair
North Kohala Community Development Plan Steering Committee
South Kohala Community Development Plan Steering Committee
c/o County of Hawaii, Planning Department
` Page 3
May 1, 2008
enacted as a law of the county, the county council, mayor, and other county officials like
the department heads are supposed to implement the CDP in good faith, but in many
instances, reasonable people may differ on how to implement the CDP in a particular
situation, and a court's role in overturning decisions made by the legislative and
executive branches of government, within their spheres of authority, is limited.
It is perhaps easiest to give some examples, mostly in the land use area, of how some
( CDP provisions would be legally binding, or mandatory, because this is the primary
focus of the planning department and because this is where the question is most likely to •
come up in the future. For those interested in reading how the Hawai'i Supreme Court •
has handled this question, GATRI v. Blanc, 88 Haw. 108 (1998) discusses this issue of
when a land use plan is legally binding on a later decisions.
To start with an example of a mandatory provision from the County General Plan, which
is also enacted by ordinance: the General Plan says, on p. 14 -4, that rezoning must be
consistent with the General Plan, including the Land Use Pattern Allocation Guide
( ( LUPAG) map. Thus, any rezoning ordinance must be consistent with the General Plan.
Suppose a landowner submitted a rezoning application to change an area to a "V"
(visitor) zoning that would allow 1500 hotel rooms, in an area that was "extensive
agricultural" on the LUPAG map, and not listed as a resort area on Table 14-5 of the
General Plan. This rezoning would be what the General Plan calls an "intermediate
resort", and it would clearly be inconsistent with the General Plan. It would, therefore, •
be illegal for the comity council to rezone the area as requested, unless it first amended
1... the General Plan. The General Plan will sometimes prohibit certain zoning in an area,
but it will rarely if ever mandate it because zoning also depends upon site- specific issues,
like flooding, infrastructure, traffic, and historic sites, that are not fully analyzed at the
General Plan LUPAG map level, and it is also subject to the tuning of development: an
r .
area may be designated urban on the General Plan but it may be that it shouldn't be
deve!oped until infrastructure has been improved, or other areas are developed first.
g
ail
- -- EXHI.RIT 2
Mr. Kenneth M. Melrose, Chair
Kona Community Development Plan Steering Committee
Mr. Jon A. Olson, Chair
Puna Community Development Plan Steering Committee
I.
Ms. Fern White, Chair .
I North Kohala Community Development Plan Steering Committee
1 . .
South Kohala Community Development Plan Steering Committee
c/o County of Hawaii, Planning Department
Page 4
May 1, 2008 •
A land use plan like the General Plan or CDP typically functions as a guide to other land
use decisions, such as rezoning, although not always with mandatory language. So a
CDP can have a policy that is worded in away that is clearly mandatory and limits the
range of decisions that can be made in the future. For example, the North Kohala Public
Review Draft, on p. 23, says "private lands currently zoned A -5a and A -20a that are
outside of the LUPAG `Low Density Urban' designation shall retain their current zoning.
Exceptions can be made for affordable housing, ag cluster subdivisions, and small -scale
rezonings that may assist families in allowing their children to obtain individual
properties." This is mandatory wording. Now, there is some leeway because the size of
a "small -scale rezoning" is not exactly specified, but, for example, a rezoning of 500
acres from A -20a to A -5a would clearly violate this policy and be illegal without first
amending the CDP.
To take other examples, the draft Kona CDP has a number of requirements for "transit
onented development" in certain areas. It is mandatory that development in these areas
conform to this model of development. There is considerable leeway in how it is actually
done, but the basic model has to be followed. There are also a number of road connection
requirements that are mandatory at the subdivision level, such as "new subdivisions shall
incorporate and continue all collector streets, and selected local streets to adjoining
property."
In contrast to such policies that are worded in a binding manner, and are relatively
specific, the draft CDP's have a great number of policies and goals that are not legally
binding: they do not mandate or prohibit certain decisions. These are what the GAM'
court called "hortatory": they are general statements about goals and policies, but are
broad and open to interpretation. For example, the South Kohala draft (4/18/08 version)
has a policy that "Malama 'Aina, `care for the land', shall be an overarching land use
policy...'.' This is fine as a statement of pnnciples, but faced with a controversy over a
particular rezoning, pro or con, reasonable people can disagree over whether the decision
is consistent with this policy, and a court should not overturn a decision made by the
— EX .... __ .............._..............
Mr. Kenneth M. Melrose, Chair
Kona Community Development Plan Steering Committee
Mr. Jon A. Olson, Chair
Puna Community Development Plan Steering Committee
Ms. Fem White, Chair
1 North Kohala Community Development Plan Steering Committee
South Kohala Community Development Plan Steering Committee
c/o County of Hawaii, Planning Department
Page 5
May 1, 2008
council because it feels that the decision is inconsistent with this policy.
Broad policies like the one mentioned above are important. They set out the principles
that should underly decisions, so that they are not made on the whim of the moment. But
I the implementation of these kinds of broad policies in the CDP's depends upon the good
1 faith of future decisionmakers, like the county council, mayor, planning commission,
J department heads, and others, to follow them. Despite being contained in an ordinance,
they are not legally binding in the sense that a court should someday order the
government to follow them and overturn decisions it thinks may be contrary to the stated
policy.
Very often, policies point in different directions. For example, an affordable housing
project, favored by one policy, may conflict with open space, favored by another policy.
In such, cases, the decisionmaker must decide where the balance lies. The CDP will not.
mandate the decision one way or the other.
•
Typically, the planning department will make a recommendation on any zoning or other
land use request that goes to the council or planning commission, and try to analyze it
against the goals and policies of the General Plan. The planning department should try to
do the same using the CDP's once they are enacted.
Another type of policy that is not legally binding is one that calls for further follow -up
action. A CDP may call for the planning department and council to revise the
subdivision code, for example, with some suggestions about changes, but those changes
do not go into effect unless and until the subdivision code is amended by another
ordinance.
None of the policies, goals, or courses of action in the CDP's that require future funding •
can legally mandate that the council appropriate those funds. The CDP's collectively call
i for actions that would cost much more than the current budget of the county. The county •
1
I
EXHIBIT 2
Mr. Kenneth M. Melrose, Chair
Kona Community Development Plan Steering Committee
I '
Mr. Jon A. Olson, Chair
Puna Community Development Plan Steering Committee
I_.
Ms. Fern White, Chair
North Kohala Community Development Plan Steering Committee
South Kohala Community Development Plan Steering Committee
c/o County of Hawaii, Planning Department
Page 6
May I, 2008
must have a balanced budget. To do this, the mayor and council have to decide among
competing priorities. The CDP's do not make those priority decisions. The CDP's also
tend to take the normal operations of the county for granted. They do not, for example,
r state that the containers at the transfer stations shall be hauled away when full or that •
1 grass shall be kept mowed at county parks. They tend to add duties to those that are
already being done, but we can't assume that the CDP's mean that these new duties
should be given priority over the current ones. There simply isn't enough money to fund
I all of the proposals. And as one CDP Steering Committee member noted, there is no
CDP policy that says "property taxes shall be raised to the level necessary to fund all
proposed actions."
The majority of the policies, goals, and various other statements in the CDP's that have
been passed by the steering committees so far, or which are in public review form, are not
legal mandates under the standards discussed above. Again, that does not mean that they
are unimportant. They are extremely important, if future decisionmakers take them
seriously as an overall framework and guide to their decisions.
I would be happy to discuss specifics about what provisions in the various draft CDP's
are and are not legal mandates at future meetings considering them.
Sincere
CHRISTOPHER . YUEN •
•
Planning Director .
CJY•pak
Wpwm60 /Chris 06— CDP Legal Effect
Il 11
-- —.. . EXHIRIT.2 .
Mr. Kenneth M. Melrose, Chair
Kona Community Development Plan Steerng Committee
Mr. Jon A. Olson, Chair
Puna Community Development Plan Steering Committee
Ms. Fem White, Chair
North Kohala Community Development Plan Steering Committee
South Kohala Community Development Plan Steering Committee
c/o County of Hawaii, Planning Deparbnent
Page 7
May 1, 2008
cc: Mayor Harry Kim
( County Council
Cozporation Counsel
CDP Steering Committee Members
( -) Planning Commission
Mr. Brad Kurokawa
Planning Program Managers
Planners
Ms. Nancy Pisicchio
Mr. John Whalen, Pan Pacific
Mr. Bruce Tsuchida, Townscape
Mr. Roy Takemoto
Wilson Okamoto Corporation
R&D Resource Center
1
_EXHIBIT 2 .. ... -
' ,1r t it0 IMPLEMENTATION
Kea'au Regional Town Center
The Kea'au Town Center consists of two parts. The area hounded by Highway 11 and
the Highway 130 By -Pass, including the original plantation village, for uses that are oriented
primarily to residents of the Kea'au community itself. The exceptions are the middle and high
school and the post office next to Kea'au Shopping Center, which are region- serving facilities.
Most uses of a regional orientation — e.g., Shipman Park, the areas already zoned for commercial
and light industrial uses, and proposed new police, fire, transit, and medical facilities — are to be
located north of Highway I 1 to provide convenient vehicular access.
The area designated for community- oriented use is 597 acres, approximately 24% of
which has been zoned and /or developed for commercial, residential and public /quasi - public use.
I. The area for region- oriented uses covers 331 acres, approximately 50% of which is now zoned or
developed for commercial, industrial or public use. Nearly all of the designated village center is
within the State Urban District.
i .
` There is no community -based plan for Kea'au, but the principal landowner, Shipman
Estate, has a master plan that indicates not only the development of the area within the
designated village center, but, in the long - term, much of their land beyond. Control of most of
I the land by a single owner facilitates the planning and development of the proposed village
center.
y + •
1 : 1
♦ +
\ ; +
Keaau Regional VC • •; +�
• �i. "" t l
• • • • � ♦•11 ♦,0, . Rep Regional uses ♦ -. �i?: .'�" S;.: o. •••• 1
I . .. 1 � . .- • ; r . .z.: i., - . :� .. . - -- -- -
'ti' ': ' - +' � ♦ :1
�}� Li* n r - : �- � :..- \�� Ems Commercial ommercral lame
� . _ r :..:. .: `1 _ F % s• - IS industrial Zone
+s Lomrnuntiy `4ses - .__Resrden[ial Zone
' n. 1 -•' , Other Zone
.- �1 su: Urban
z).„-- r______, •"' TMK Parcels
( .
5 -8
r
EXHIBIT 2 ..._ . .....
: .
Figure 5-1: Keaau Regional Town Center
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STATE OF HAWAII .444 IR \,:X1N.,IR,YFMN!X1N.X „MIM
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„,.a,�,. DEPARTMENT OF LAND AND NATURAL RESOURCES i t;.
4,11'4.1 ,U, 1 N X4 N,i I .NMI , V:1N
1, ,
STA f HISTORIC' PRESERVATION DIVISION ,1.,, X.,
601 KAMOKILA BOULEVARD, ROOM 555
KAPOLEL HAWAII 96707
June 22, 2009
Thomas L.H. Yeh , Esquire LOG NO. 2009.2459
- Tsukazaki Yeh & Moore DOC NO: 0906MD28
85 W. Lamkaula Street Archaeology
Ililo, Hawaii 96720
Dear Mr Yeh:
SUBJECT: Chapter 6E-42 Historic Preservation Review -
Request for Comment on a State Land Use District Reclassification and
Change of Zone Application
Kea'au Ahupua'a, Puna District, Island of Hawaii
TMK: (3) 1- 6- 152:018
Thank you for the opportunity to comment on the aforementioned project, which we received on June 19,
( 2009. This change in designation is being requested on behalf of the Greenhouse Specialists, Inc , who
intends to expand the existing greenhouse supply business on this property. We determine that no
historic properties will be affected by this project because:
Intensive cultivation has altered the land
Residential development/urbanization has altered the land
Previous grubbing/grading has altered the land
❑ An accepted archaeological inventory survey (AIS) found no histonc properties
❑ SHPD previously reviewed this project and mitigation has been completed
❑ Other:
In the event that histonc resources, including human skeletal remains, cultural matenals, lava tubes, and
lava blisters/bubbles are identified during the construction activities, all work needs to cease in the
immediate vicinity of the find, the find needs to be protected from additional disturbance, and the State
Historic Preservation Division, Hawaii Island Section, needs to be contacted immediately at (808) 933-
7653. If you have questions about this letter please contact Morgan Davis at (808) 933 -7650.
Aloha,
Nancy McMahon, Deputy SHPO /State Archaeologist
and Histonc Preservation Manager
l State Historic Preservation Division
•
- :- • •
•
L
EXHIBIT 3 :._. .
DEPARTMENT OF PUBLIC WORKS K.k.ii".'-: l u '.`', `.." 7.0
COUNTY OF HAWAII "'` "
HILO, HAWAII
2(09 DEC i 6 MI I: CO
DATE: December 15, 2009
Wiefigfnaleat
TO: BJ Todd, Planning Director
FROM 40f Department of Public Works
SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APP. (SLU 09- 000024)
Request: Agricultural to Urban
CHANGE OF ZONE APPLICATION (REZ 09- 000110)
Request: A -20a to ML -20 and Agricultural to Urban
Applicant: Greenhouse Specialist, Inc.
Tax Map Key: 1 -6 -152: 018 (formerly 1 -6 -003: 020)
We have reviewed the subject application forwarded by your memo dated November 12,
2009 and offer the following comments for your consideration.
All development - generated runoff shall be disposed of on site and not directed toward any
adjacent properties A drainage study shall be prepared and the recommended drainage
system shall be constructed meeting the approval of the Department of Public Works.
The subject parcel is in an area that is not mapped by the Federal Emergency
Management Agency (FEMA) and is designated as Zone X - an area determined to be
outside the 500 -year floodplain.
The portion of Milo Street (1 -6- 03:026) fronting the subject parcel that is privately owned
is currently under consideration for dedication to the County. The existing Milo Street right -
of -way width from Keaau -Pahoa Road Bypass is 80' (State), then 40' (TMK: 1 -6- 152.026).
Based on the proposed zoning, we recommend the applicant provide improvements to the
subject property's Milo Street frontage consisting of, but not limited to, pavement widening
with concrete curb, gutter and sidewalk, drainage improvements, and any required utility
relocation, meeting the requirements of the Americans with Disabilities Act. The
improvements shall be located within any future road widening setback as may be
established by the Planning Department.
Install streetlights and traffic control devices as may be required by the Traffic Division,
Department of Public Works. The applicant shall be responsible for the design, purchase,
and installation of such devices.
Questions may be referred to Kelly Gomes t ext. $327 A. �� !)
P anning Dept. �, 5 1 ".••' 5
Exhibit
County of nuau is an Equal OpponuntlY Pnnmcr and r.mUiovcr
' WFi @� - ,
•
i• f .1
{191 )49
• DEPARTMENT OF WATER SUPPLY • t •- COUNTY:QF HAWAII
345 KEKUANAO'A STREET, SUITE '20 • HILO, HAWAII 96720
.. ".�`f. TELEPHONE (808) 961 -8050 • FAX (808) 961 -8657
December 18, 2009
TO: Ms. BJ I,eithead -Todd, Planning Director
Planning Department
FROM: Milton D. Pavao, Manager
SUBJECT: STATE LAND USE BOUNDARY AMENDMENT (SLU 09- 000024)
REQUEST: AGRICULTURAL TO URBAN
CIIANGE OF ZONF, APPLICATION (REZ 09- 000110)
REQUEST: A -20a TO ML -20
APPLICANT: GREENHOUSE SPECIALISTS, INC.
TAX MAP KEY 1- 6- 152:018
We have reviewed the subject applications and have the following comments and conditions.
Water is available from existing 8 -inch and 12 -inch waterlines within Milo Street, both fronting the
subject parcel. The subject parcel is currently served by a 5/8 -inch meter (Account No. 020- 45450),
which is limited to a maximum daily usage of 600 gallons.
The Department has no objection to the proposed applications, subject to the following conditions:
1. Prior to effecting a water commitment for the proposed project, the Department requests estimated
maximum daily water usage calculations, prepared by a professional engineer licensed in the State
of I Iawai`i, for review and approval. The water usage calculations should include the estimated
peak flow in gallons per minute (GPM) and the total maximum daily water use in gallons per day.
Based on the water usage calculations provided, a larger or additional meter may need to be
installed and remittance of the prevailing facilities charge, which is subject to change, will be
required.
2. The existing 12 -inch waterline fronting the property is adequate to provide 2,000 GPM of flow for
tire protection, as required per our Water System Standards for the proposed type of land use. The
applicant should contact the Fire Department to determine their fire protection requirements.
3. There is an existing reduced pressure type backflow prevention assembly installed after the
existing meter; therefore, the applicant has already fulfilled this requirement. however, should a
larger or additional meter be required, a reduced pressure type backflow prevention assembly must
be installed within five (5) feet of the meter on private property and must be inspected by the
Department before water service can be activated.
Planning Dept. 1 SCANNED
,,.Water, Our 9ifostTrecious W 4: Kane. lr u�4�( 4�9
The Deoartment of Water S 'JDDIV is an Fa.ial (1nnrr,.nity n'nnrlar nnrl amnin.,n,
•
•
Ms. BJ Leithcad -Todd, Plannine Director
Page 2 •
December 18, 2009 •
4. Subject to other agencies' requirements to construct improvements within the road right -of -way
fronting the property affected by the proposed development, the applicant shall be responsible for
the relocation and adjustment of the Department's affected water system facilities, should they be
necessary.
Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning
Branch at 961 -8070, extension 255.
Sincerely yours,
Milton D. Pavao, P.E.
Manager
FM:dfg
copy — Greenhouse Specialists, Inc.
Tsukazaki Yeh & Moore
•
•
•
•
jV Of \•
l•%
William Y. Kcnoi r . r ±� j
•' % a,.. Harry S. Kubojiri
;Alayur
Cluef
l '' Paul K. Ferreira
Deputy Police Chief
County of Hawaii
POLICE DEPARTMENT
349 Kaptol:mt Street • 1111o. Hawaii 96720 -3998
(8081935 -3311 • Fax (808) 961 -8565
November 30, 2009
TO : BJ LE - EAD TOOri PLANNING DIRECTOR
FROM : 1. P • ' CO, ASSISTANT POLICE CHIEF
AREA I OPERATIONS
SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION
(SLU 09- 000024); REQUEST: AGRICULTURAL TO URBAN
CHANGE OF ZONE APPLICATION (REZ 09- 000110);
APPLICANT: GREENHOUSE SPECIALISTS, INC.
TAX MAP KEY: 1 -6- 152:18
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,
Commander of the Puna District at 966 -5835.
SG /Ili
SCAN?± `t+,a)
•
•
Planning 5 8 8 6 8 Dept. 6 6 8 E
Exhibit 9
"Hawaii County is an Equal Opportunity Provider and Employer"
,.fV CrN 11
William P. Kenoi Darryl J. Oliveira
:7falnr is tire Onef
•
�'n•; + ?= Glen P. I. Honda
....._
Deputy Fire Chief
County of )ella i`i
HAWAI'I FIRE DEPARTMENT
25 Aupuni Street • Suite 2501 • Ilrlo, Itawai't 96720
(808) 932-2900 • Fax (808) 932 -2928
1:;
r �
December 10, 2009 ta;
;.� a
TO: B.J LEITHEAD TODD, PLANNING DIRECTOR
o-
FROM: DARRYL OLIVEIRA, FIRE CHIEF
SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 09- 000024)
REQUEST: AGRICULTURAL TO URBAN
CHANGE OF ZONE APPLICATION (RF,Z 09- 000110)
REQUEST: A -20a to ML-20
APPLICANT: GREENHOUSE SPECIALISTS, INC.
TAX MAP KEY: 1 -6- 152:18
In regards to the above - mentioned State Land Use Boundary Amendment and Change of Zone applications,
the following shall be in accordance:
Fire apparatus access roads shall be in accordance with UFC Section 10.207:
"Fire Apparatus Access Roads
"Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in
accordance with the provisions of this section.
"(b) Where Required. Fire apparatus access roads shall be required for every building hereafter
constructed when any portion of an exterior wall of the first story is located more than 150 feet
front fire department vehicle access as measured by an unobstructed route around the exterior of the
building.
"EXCEPTIONS: 1. When buildings are completely protected with an approved
automatic fire sprinkler system, the provisions of this section may be modified.
"2. When access roadways cannot be installed due to topography, waterways,
nonnegotiable grades or other similar conditions, the chief may require additio;,
protection as specified in Section 10.301 (b).
SCA � ( ' 1 ANN r� I,r,A
ty ,�l Ei
Planning Dept. 6'
DEC 1 5 2009 Exhibit S ` t ;.; 5
- -- SS Ilv ---- - J ` `►q
:nnr5 t
Hn County rs an Equal Opportunity FrnpQlyer " -
•
BJ I.,eithead Todd
December 10, 2009
Page 2
"3. When there are not more than two Group R, Division 3 or Group M Occupancies, the
requirements of this section may be modified, provided, in the opinion of the chief, fire-
fighting or rescue operations would not be impaired.
"More than one fire apparatus road may be required when it is determined by the chief that access
by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or
other factors that could limit access.
"For high -piled combustible storage, see Section 81.109.
•
"(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of
the appropriate county jurisdiction.
"(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance
of not less than 13 feet 6 inches.
"EXCEPTION: Upon approval vertical clearance may be reduced, provided such
reduction does not impair access by fire apparatus and approved signs are installed and
maintained indicating the established vertical clearance.
"(e) Permissible Modifications. Vertical clearances or widths required by this section may be
increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide
fire apparatus access.
"(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed
loads of fire apparatus and shall be provided with a surface so as to provide all weather driving
capabilities." (20 tons)
•
"(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by
the chief." (45 feet)
"(h) Turnarounds. All dead -end fire apparatus access roads in excess of 150 feet in length shall
be provided with approved provisions for the turning around of fire apparatus.
"(1) Bridges. When a bridge is required to be used as access under this section, it shall be
•
constructed and maintained in accordance with the applicable sections of the Building Code and
using designed live loading sufficient to carry the imposed loads of fire apparatus.
"(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved
by the chief." (15%)
BJ Leithead Todd
December 10, 2009
Page 3
"(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in
any manner, including parking of vehicles. Minimum required widths and clearances established
under this section shall be maintained at all times.
. "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be
provided and maintained for fire apparatus access roads to identify such roads and prohibit the
obstruction thereof or both."
Water supply shall be in accordance with UPC Section 10.301(c):
"(c) Water Supply. An approved water supply capable of supplying required fire flow for fire
protection shall be provided to all prcmises upon which buildings or portions of buildings are
hereafter constructed, in accordance with the respective county water requirements. There shall be
provided, when required by the chief, on -site fire hydrants and mains capable of supplying the
required fire flow.
"Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed
systems capable of providing the required fire flow.
•
"The location, number and type of fire hydrants connected to a water supply capable of delivering
the required fire flow shall be protected as set forth by the respective county water requirements.
All hydrants shall be accessible to the fire department apparatus by roadways meeting the
requirements of Section 10.207.
ARR OLIVEIRA
Fire Chief
GA:Ipc
i' i Cllr'.';'( r
•
•
William P. Kenoi lei ;`� . t r,::• ( A TY
Mayor .i , _ _: - ..',,. . !r . Director
William T. Takaba \ '•a wig! 21112 ore - _Ivan M.Torigoe
, !6' v
Managing Director D fq
(Count of!ahxa t
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street • Hilo, Hawaf i 96720
(808)961 -8083 • Fax (808) 961 -8086
p: / /co.liawai i.hi.us/directory/dir envmng,htm
MEMORANDUM
Date : November 20, 2009
To . BJ LEITHEAD TODD, Planning Director
From: LONO A. TYSON, Director L\
Subject: State Land Use Boundary Amendment Application (SLU 09- 000024)
Request: Agricultural to Urban
Change of Zone Application (REZ 09- 000100)
Request A -20a to ML-20
Applicant: Greenhouse Specialists, Inc.
TMK: 1 -6- 152:18
We have reviewed the subject application and offer the following recommendations:
DEPARTMENT COMMENTS: RF -r`R TO CO M.M,t 'k5 6E 4'•
WASTEWATER COMMENTS:
(y) 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 Hawai i
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 Hawai' i County Code.
( ) Other:
SOLID WASTE COMMENTS:
( ) No comments
(sC) Commercial operations, State and Federal agencies, religious entities and non -profit
organizations may not use transfer stations for disposal. •
(-)c) Aggregates and any other construction/demolition waste should be responsibly reused to
its fullest extent.
�Q Ample and equal room should be provided for rubbish and recycling.
(3) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or
other suitable diversion programs.
(X) Construction and demolition waste is prohibited at all County Transfer Stations.
(gyp Submit Solid Waste Management Plan in accordance with attache ,guidelines.
( ) Existing Solid Waste Management Plan is to be followed. 'Provide update to the department on current status.
( ) Other:
cc: SWD, WWD Planning Dept. 12 24 •-
Exhibit 6, 05870
County of Hawaii 'S an Equal Oppommny Provider and Employer
d am'
William P. Kenos .!4 .; 9'• Lano A. Tyson
Mayor . _ __ : • I Director
Ivan Torlgoe
--�M►� Deputy Director
Count of afu
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
• 25 Aupunl Street • Hilo, Hawaii 96720
(808) 961 -8083 • Fax (808) 961 -8086
httn : / /co.hawaii.hi.us/directorv/dir envmmt.hgp
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 of Hamlet is an Equal Opportunity Prouder 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'l
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:
%,ee 4. T y #1. �^
Lono A. Tyson
DIRECTOR
County of Hewer! is an Equal Oppottnuy Provider and Employer.
LINDA LINGLE ' CHIYOME L FUKINO, M.D.
GOVERN( t, f i C)>;;;; Director of Hna ;th
STATE OF HAWAII
DEPARTMENT OF HEALTH
P 0 BOX 916
HILO, HAWAII 96721 -0916
MEMORANDUM
DATE: November 24, 2009
TO: Bobby Jean Leithead Todd
Planning Director, County of Hawaii
FROM: Newton Inouye (\--
Acting District Environmental Health Program Chief
SUBJECT: State Land Use Boundary Amendment Application (SLU 09- 000024)
Request: Agricultural to Urban
Change of Zone Appliation (REZ 09- 000110)
Request: A -20a to ML -20
Applicant: Greenhouse Specialists, Inc.
Tax Man Key: 1 -6- 152:18
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.
We recommend that you review all of the Standard Comments on our website:
htto hawau .kov /heal env- planning/landuseilandusc.html. Any comments
specifically applicable to this project should be adhered to.
The same website also features a Healthy Community Design Smart Growth Checklist
(Checklist) created by Built Environment Working Group (BEWG) of the llawaii State
Department of Health. The BEWG recommends that state and county planning departments,
developers, planners, engineers and other interested parties apply the healthy built environment
principles in the Checklist whenever they plan or review new developments or redevelopments
projects. We also ask you to share this list with others to increase community awareness on
healthy community design.
WORD:SLU 09- 000024 my
i , 'rP;- f N IN � D .,
Planning Dept. o-y4i 5
Exhibit 7
•
1.11 :11.111 1MU. N
LINDA1.1\( :I.I: •. ..'tit HO rq + .� 1 11
e • \ J L 9 . .. .: 9 rr \. AYII :I ; . ' .` Irn�V • :n,Nl nl l r' :.! - I:!,
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�antl arltl,y . t �. 1 i 3:: .. ,zj ;
-- . : �p� • ' . iii i YRdt)i d •.. • AI.n'i Arn1\ if
4 l 1 ; . _
COWr':,IIVn .„.,114.,(11$. '.! \In.•iMl.,
STATE OF HAWAII
- .z1e,,;H,0 DEPARTMENT OF LAND AND NATURAL RESOURCES Mt !MK l'IR.>I V,..,IT:,
. NM
STATE InsTome PRESERVATION DIVISION :I S ri n +.a
601 KAMOKILA BOULEVARD, ROOM 555
KAPOI El. HAWAII 96707
January 8, 2010
Bobby Jean Lcithead -Todd, Planning Director LOG NO: 2009.4149
Attention: Norman Hayashi DOC NO: 1001TD07
County of Hawaii Planning Department Archaeology
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720 -4224
Dear Ms. Lcithead -Todd:
SUBJECT: Chapter 6E -42 Historic Preservation Review —
State Land Use Boundary Amendment Application (SLU 09 -00024) and
Change of Zone Application (REZ 09-00110) for Greenhouse Specialists, Inc.
Kea - au Ahupua'a, Puna District, Island of Hawaii
T 'IK: (3) 1 -6 -152: 18
Thank you for requesting our comments pertaining to the subject zoning changes, which was received in
our office November 25, 2009. The applicant proposes ro expand an existing greenhouse and nursery
supply outlet facility to include the sale of garden supplies, tools and plants. improvements will include a
5.000 -square foot building, additional covered outdoor areas. and additional parking. We have previously
commented on this application and a copy of our letter is included as exhibit 3 (Log 2009 2459, Doc.
0906MD28) We have received no new information regarding the condition of the proposed expansion
area and we believe that our determination of June22, 2009 is still current.
We determine that no historic properties will be affected by this project because:
Grubbing/grading has altered the land
[) Development /urbanization has altered the land
❑ An accepted archaeological field inspection found no historic properties
f SHP.D previously reviewed this project and determined that no histo ric properties would be
affected
In the event that historic resources, including human skeletal remains, lava tubes, and lava
blisters/bubbles are identified during the activities. all work should cease in the immediate vicinity of the
find, the find should be protected from additional disturbance, and the State Historic Preservation
Division, Hawaii Island Section, should be contacted immediately. Please contact Theresa Donham at
(808) 933 -7653 if you have any questions or concerns regarding this letter.
Aloha,
i !.:
T eresa K. Donham. Lead Archaeologist
Hawc'i Island Section SCANNED
State Historic Preservation Division Planning Dept. •
Exhibit
ers By° ^ Gil 4 ... i•
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epS E,. \ ■KL„ I.AI!INN TIIIlLF.N
GO`V: P NOR OF HAWAII p "::� '..'. \ C01:: 1' t:; Jt' 4' t4'. I: "i.IF.�:P.:`.'•.I.:I:A:I \li lli
eLLti
( pand and
4.4�nLJv. f
a
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I 4 •. , g STATE OF HAWAII
° _ ' DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
st °re of Ha POST OFFICE BOX 621
HONOL.ULU, I IA W All 96809
E3
November 23, 2009
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County of Hawaii J =.;
Planning Department 7 :
101 Pauahi Street Suite 3 =a
Hilo, Hawaii 96720
Attention: Mr. Norman Hayashi
Ladies and Gentlemen:
Subject: State Land Use Boundary Amendment Application (SLU 09- 000024) ire.t,It
Special Permit Application (SPP 09- 000095) '• r
Thank you for the opportunity to review and cotnment on the subject matter. The
Department of Land and Natural Resources' (DI,NR) has no other comments to offer on the
subject matter. Historic Preservation will be responding through a separate cover letter. Should
you have any questions, please feel free to call our office at 587 -0433. Thank you.
Sincerely,
it Morris M. Atta
Administrator
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NOV � 1 i.)li;l
Planning Dept. l ° �'� G
Exhibit 7
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6.
LINCA LINGLE �. sa N BRENNON T M110RIOKA
GOVERNOR '+! \i %•; \�
r > ‘ ,ty O:RECTOR
e: l• • t.- •. Deputyarec:crs
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MICHAEL D FORMBY
•'}r -. _. -, „. +( FRANCIS PAUL KEENO
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BRIAN H SEKIGUCHI
!' STATE OF HAWAII JIRO S ADA
DEPARTMENT OF TRANSPORTATION IN REPLY REFER TO
869 PUNCHBOWL STREET
HONOLULU, HAWAII 96813 -5097 HWY -PS
24135
December 21, 2009
Ms. B.J. Leithead -Todd, Director
County of Hawaii
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Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720 -4224
Dear Ms. Leithead -Todd:
Subject: State Land Use Boundary Amendment Application (SLU 09- 000024)
Request: Agricultural to Urban
Change of Zone Application (REZ 09- 000110)
Request: A -20a to ML -20
Applicant: Greenhouse Specialists, Inc.
Location: Keaau, Puna District, Island of Hawaii
TMK: (3) 1- 6- 152:018
Thank you for consulting us on the subject special permit request. We have the following
comments:
1. The proposed nursery expansion project will not adversely impact our State highway
facilities.
2. The grading of the new storage warehouse should not result in additional diversion of
surface water run -off onto Keaau -Pahoa By -Pass Road.
3. The nursery parking lot should be situated and designed in such a way that thcre shall be
no vehicle backups onto Keaau -Pahoa 13y -Pass Road.
4. Applicant should coordinate the subject project with our Keaau -Pahoa Road Widening
and Short-Term Safety Improvement projects.
5. Construction plans must be submitted to Highways Division, llawaii District for review
and approval.
Planning Dept. SCAN ED ^ '
Exhibit /4
By ___�
Ms. B.I. Leithead-Todd, Director HWY -PS
Page 2 2.4135
6. We suggest the County (a) monitor closely the increase of piecemeal development, land
use changes and re- subdivision of agricultural lots in the area and (b) consider imposing a
plan requiring applicants, developers and homeowners to participate in cost - sharing
arrangements regarding necessary roadway mitigation measures in our State highway
facilities.
If there are any questions, please contact Ken Tatsuguchi, Head Planning Engineer, Highways
Division, at (808) 587 -1830.
Very truly yours,
r
B
pr
T. MORIOKA, Ph.D., P.E.
Director of Transportation
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Law Offices of Yeh & Moore 'n10 \lAS 1 H YEH tl. ;naa a nci
A L,maed Liabihn 1.j‘: l ompan\
MIC IIAFI W MOORE
1;5 W Lm'nl:mda tibdc1 lido. Hawaii en720 -4109 nnonce.fid:wa nc1
Telephone lS'') %I 4.1155 FAX 150I:19n9 -1531
•
January 1 5. 2010
Mfr. Kelly Comes, P E
Engineering Division
Department of Public Works
County of Hawaii •
101 Paunhi Si ret
I I i l0. 111 96720
Re. State Land Use District Boundary Amendment (SI,U 09- 000024)
Change of Zone (REZ 09- 000110)
Applicant: Greenhouse Specialists. Inc..
lMK No. (3) 1- 6- 152.018
Keaau. Puna District. Hawaii
Dear Mr. Domes.
On behalf of our client, Greenhouse Specialists, Inc ( "Applicant ''), this is to respond to
comments dated December 15, 2009, received from your office regarding the above- referenced
State land use district boundary amendment from the Agricultural District to the Urban District
and associated change of zone from Agricultural (A -20a) to Limited Industrial (ML 20). Our
responses to the continents f below
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The portion of Milo Street fronting the subject property is paved all the way up to
Applicant's existing gate The right -of -way along the western half of the subject property's Milo
Street frontage is 80 feet, and then decreases to 40 feet. There is a low occurrence of pedestrian
traffic in this particular area and Applicant does not feel that, given the relatively low Increase in
vehicular traffic and insignificant impact that the proposed improvements would have on any •
projected increase in pedestrian traffic, the full improvement of a proposed future road widening
setback is appropriate.
.4s discussed in Applicant's Traffic impact Analysis Report r I'[AR'), prepared by
AI('OM Pacific. Inc , in September of 2009, which included the analysis of existing and
planned developments and proposed roadway improvements, the TIAR concluded that proposed
project would not adversely impact existing roadways, and as such, no mitigation measures were
proposed. The peak hour queue on Milo Street is approximately tour cars, or 120 feet. The
distance from Applicants existing driveway to the intersection is more than 120 feet, and thus
entrance to and exit from the proposed project would not be blocked by peak hour traffic at the •
Milo Street %Keaau Bypass Intersection •
Planning Dept.
Exhibit //
Law Ofliees of Yeh & Moore -
i 1 u n ed 1 :.,6,bic I an 'ur 7ar*
Mr. Kelly Domes,
•
Engineering Division
Department of Public Works
County of Hawaii
January 15, 2010
Page 2
The TIAR did not conclude that any mitigation measures were \varrantcd and Applicant
does not see the nerd for additional traffic control devices, such as sniping or creation of
additional lanes, to serve the proposed project. The TZAR projected an increase of 9 trips per
hour during the morning peak and 27 trips pet hour during the afternoon peak Neither peak
period would see the increase of 50 or more vehicles per hour, which is the threshold for the
concurrency requirements, as contained in section 25- 2- 46(d)(1) of the Hawaii County Zoning
Code.
•
Please do not hesitate to contact me should you have any questions or require any
additional information
Very truly votes,
LAW OFFICES 0E YEI-I L: MORE
wesit
THOMAS
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cc. Robby Jean Leithead -Todd, Planning Director
Greenhouse Specialists
FLY /nib
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Law Offices of Yeh & Moore IUnnt.AS 1, 11 MFil
tly rndj.a nrt
A Limited I ubltt) Law Compmny
\ili•IIAFI. W MOORF
S5 W I.anikaula Street Hilo. I lawa.t o!,'To - 190 rnmumneln.6na net
lelephore!Hli IOcI :liij FAX iRU■I ^i't - nil
•
January 15, 2010
\•lr Brennon Morioka. Ph D., P li., Director
Department of Transportation
State of Hawaii
869 Punchbowl Street
Honolulu, 1 -11 961;13-5097
Re State Land Use District Boundary Amendment (S LO 09- 000024)
Change of 'Zone (REZ 09- 000110) •
Applicant. Greenhouse Specialists, Inc
TMK No. (3) 1-6-152
Keaau Puna District, Hawaii
Dear Mr. Morioka.
On behalf of our client, Greenhouse Specialists, Inc. ( this is to respond to
comments dated December 21, 2009, received from your office regarding the above- referenced
State Land Use District Boundary Amendment from the Agricultural District to the Urban
District and associated change of zone from Agricultural (A 20a) to Limited Industrial (ML -20)
Our responses to the comments follow below.
'fhc grading related to the construction of the proposed storage warehouse will not result
in additional diversion of surface water run -of f onto the Kcaau Bypass Road The protect site is
situated somewhat below the roadway and any surface runoff from the property onto the Bypass
road is extremely unlikely
The present configuration of the parking area and the proposed number of stalls. in
combination with the projected number of trips generated to and from the property are not
expected to create any vehicle backup onto the Keaau l3vpass Road
According to DOT's website, there arc several projects planned for the Puna District.
including the following in the vicinity of the property'
• C1-206 - Keaau -Pahoa Road Shoulder Lane Conversion. Keaau Bvpass Road to Shower
Drive, and
• S2 -202 -- Keaau -Pahoa Road Safety Improvements. vicinity of Volcano Road to Pahoa -
Kapoho Road.
•
Law Offices of Yeti & Moore
Al rsnr,l a,r f.:•r: •;.:n..
Mr. Brennon Morioka, Ph D., PI , Director
Department of Transportation
State of i- lawaii
ianuary 15. 2010
Page 2
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The comment letter recommends the coordination of the project with DOT's Keaau -Pahoa Road
\Vidcning and Short-Term Safety improvement Projects. The Applicant has no objection to the
concept of coordination of efforts regarding any necessary and appropriate roadway
Improvements.
I lowever. as discussed in Applicant's Traffic Impact Analysis Report ('IIAR"), prepared
by AECOM Pacific, Inc., in September of 2009, all proposed projects which occur cast of the
Keaau Bypass Road.`Kcaau -Pahoa Road intersecti would not affect traffic operations on the
Bypass Road. Additionally, Applicant's TZAR projected a net increase of 9 trips per hour during
the morning pea•and a net increase of 27 trips per hour during the afternoon, falling below the
50 vehicle per hour threshold provided in section 25- 2- 46(d)(1) of the Hawaii County Zoning
Code. Based on the analysis of existing and planned development and proposed roadway
improvements, the TIM( concluded that proposed project would not adversely impact State
highway facilities. As such no mitigation measures will be necessitated by the proposed use.
Regarding any additional requirement for applicants to participate in "cost - sharing
arrangements regarding necessary roadway mitigation measures on State highway facilities."' the
County imposes conditions which require the applicant to either participate in a unttied impact
fee ordinance which may be adopted, or in other lair share assessments, at the change of zone
level. Additional exactions unposed under another County plan ler the same purpose would be
unnecessary. and the concurrency requirements contained in the 7.ontng Code (above - referenced
section 25-2-46) already serve this purpose.
Finally, the Applicant will provide construction plans to your department for review. hut
we interpret the request that such plans require your department's approval to relate to •
improvements to the Keaau -Pahoa Bypass Road, should any be made by the Applicant. •
Please do not hesitate to contact me should you require any additional mlirrmauou •
• \`ery truly yours, •
LAW OFFICES OF Y'Ell & MOORE
'1'I I(..)MAS L.H. Y'EI
cc: B,I Leithead Todd, Planning Director
Greenhouse Specialists
ll_Y /mb
ROreenhouseSpccSf.1I doc- 1 /19 /10
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
GREENHOUSE SPECIALISTS, INC.
STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 09 -24)
tipon careful review of the request, the Planning Director is recommending that a
favorable recommendation for the State Land Use Boundary Amendment be forwarded to the
County Council. Since this recommendation is made without the benefit of public testimony, the
Director reserves the right to modify and/or alter this position based upon additional information
presented at the public hearing. The favorable recommendation is based on the following
findings:
The approval of the reclassification from the State Land Use Agricultural to
the Urban District for approximately 1.646 acres will not be in violation of Section
205 -2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the
Land Use Commission Rules, the County General Plan and the Hawaii State Plan.
Under the Land Use Commission Rules, one of the standards for considering an area for
urban reclassification states that "In determining urban growth for the next ten years, or
in amending the boundary, land contiguous with existing urban areas shall be given more
consideration than non - contiguous land, and particularly when indicated for future urban
use on state or county general plans." Although the properties are not contiguous to
Urban designated lands, the project area lies directly across from an Urban district on the
west (Ulu Pono Town Center) and south, across the Kea`au -Pahoa Bypass. The subject
properties have been used as a site for a greenhouse and nursery supply outlet facility and
related uses since 1996 under Special Permit No. 931.
The reclassification action also conforms to the goals, policies and standards of,
among others, the Land Use and Economic Elements of the General Plan. The General
Plan Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan
is a representation of the document's goals, policies, standards and courses of action. It is
also a graphic depiction of the physical relationship between the various land uses and
-1-
establishes the basic urban and non - urban form for areas within the County. The subject
properties are in an area designated industrial on the LUPAG Map. The Industrial
designation includes uses such as manufacturing and processing, wholesaling, large
storage and transportation facilities and light industrial uses. Since 1971. the area of the
old Puna Sugar Mill has been designated as Industrial in the LUPAG. During the 1989
General Plan Comprehensive Review, the Industrial designation was expanded by re-
designating lands in the vicinity from Intensive Agricultural and Orchards to Industrial.
This area was considered for industrial expansion as a variety of industrial uses were
established in the vicinity through the Special Permit process. The County had
detcnnined that the industrial designation would promote and encourage additional
utilization of the arca. The applicant requests a concurrent Change of Zone from an
Agricultural (A -20a) to a Limited Industrial (ML -20) zoned district for 1.646 acres.
The reclassification action would be consistent with the goals, objectives and
policies of the Ilawaii State Plan and Puna Community Development Plan by providing
future employment opportunities and improved living standards and stimulating the
development and expansion of economic activities.
The Urban classification conforms to the standard that the development is
within reasonable proximity to centers of trading and employment and to basic
services such as schools, police and fire protection, transportation systems and
water. The property is located less than one mile from the village retail and employment
center of Kea`au. Schools and medical, police and fire services are also located within
Kea`au. According to the Department of Water Supply, water is available to the site
from an existing 8 -inch and 12 -inch waterlines within Milo Street fronting the parcel.
There is no municipal sewer system in the area. There is an existing cesspool fir
wastewater, which complies with all applicable Department of Health rules and
regulations. The applicant states that upon construction of the retail garden center, a
septic wastewater treatment system meeting the Department of Health and Environmental
Protection Agency standards will be installed.
Urban Districts shall include lands characterized by "city- like" concentration
of people, structures, streets, urban level of services and other related land uses.
-2-
Several commercial and industrial uses have been established over the years on
surrounding properties and the subject properties through special permits. Recently large
areas of land north of the Milo Street extension and east of the Kea'au-Pahoa Bypass
have been reclassified from the Agricultural to the Urban district, and rezoned from
agricultural to industrial or nixed commercial - industrial. As industrial and industrial -
commercial uses already exist in the immediate area, the urbanization of the project site
will not contribute towards scattered urban development.
There are no severe geological or topographical problems which cannot be
properly rectified or which would render the land unusable. The U.S. Federal
Emergency Management Agency designates the property as Zone "X ", areas outside of
the 500 -year flood plain. The property is located over three miles from the shoreline, at
an elevation of about 300 feet above sea level and are fairly level. All project generated
runoff will be disposed of on -site to avoid any negative impact to surrounding properties.
Thus, the reclassification meets with the standard which states that the lands included
within the urban district "....shall be those with satisfactory topography and drainage and
reasonably tree from the danger of floods, tsunami and unstable soil conditions and other
adverse environmental effects."
While the property is within the State Land Use Agricultural and County's
Agricultural (A -20a) zoned district, it is not currently being used for active agricultural
purposes. The property is improved with a 4,000 square foot sales office /warehouse and
loading bay, along with a 192- square foot storage area. The greenhouse and nursery
supply operation will be relocated to the proposed new 5,000 square foot building. The
existing office and warehouse facility will then be used for the applicant's retail nursery
and garden supply store. The State of Ilawaii ALISH Map classifies the subject property
as Prime Agricultural Land. The Land Use Study Bureau's Overall Master Productivity
Rating for the soils in the area is "C" or "Fair ". Surrounding properties to the west and
south are in the State Land Use Urban district and zoned MCX -20 (rezoned in 1998),
ML -20 (rezoned in 2004), and Single - Family Residential across from the Keeau Bypass
Road. Properties to the north and east are in the State Land Use Agricultural district and
zoned A -20a. The Ulupono Town Center is located across the project site to the west.
-3-
The Hawaii Right to Farm Act, HRS chapter 165, was enacted to protect farming
operations on land in the State Land IJse Agricultural District when adjacent land is
reclassified out of the Agricultural District. A condition of approval will require the
applicant notify prospective purchasers, tenants or lessees of the Hawaii Right to Farm
Act. Therefore, the reclassification of this 1.646 -acre arca from the Agricultural to the
Urban designation will not he detrimental to the reduction of this area from the
agricultural land inventory in the County of Hawaii. Furthermore, an Urban
classification would complement the existing and future land use pattern of the
surrounding area in view of the urban uses already in existence in close proximity to the
property.
Based on the above, the approval of the State Land Use Boundary Amendment from the
Agricultural to the Urban District complements the State Land Use District Regulations and
County General Plan and is supportive of the Hawaii State Plan.
The accompanying draft bill to amend the State Land Use Boundaries Map is provided
for your favorable consideration. In addition, conditions of approval are recommended as
follows:
A. The applicant shall notify prospective purchasers, tenants, or lessees of the subject
properties that farming operations and practices on adjacent or contiguous in
the State Land Use Agricultural District are protected under I lawaii Revised
Statutes chapter 165, the Hawaii Right to Farm Act. This notice shall be included
in any disclosure required for the sale or transfer of the subject properties.
B. Any action that would interfere with or restrain farming operations on adjacent or
contiguous properties shall be prohibited; provided the farming operations are
conducted in a manner consistent with generally accepted agricultural and
management practices on adjacent or contiguous lands in the agricultural district.
-4-
COUNTY OF HAWAII �= Hi STATE OF HAWAII
' Nl�'•
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING Tim STATE LAND USE BOUNDARIES MAPS FOR THE
COUNTY OF FIAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE
AGRICULTURAL TO TIIE URBAN DISTRICT AT KEA`AU, PUNA DISTRICT, IIAWAI`I,
COVERED BY TAX MAP KEY: 1- 6- 152:018.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The State Land Use Boundaries Maps for the County of Hawai`i arc
amended to change the district classilication of property described hereinafter as follows:
The district classification of the following area situated at Kea'au, Puna District,
I- lawai`i, shall be Urban
Beginning at the northeast corner o this parcel of land and running by azimuths treasured
clockwise from True South
1 312° 37' 191.62 feet along Lot 26 of Land Court Application
1053 (Map 6);
2. 58° 10' 410.74 feet along Lot 1151 -B -1 of Land Court
Application 1053 (Map 168);
3. 158' 00' 169.25 feet along Lot 24 -B of Land Court
Application 1053 (Map 545);
4. Thence along Lot 24 -B of Land Court Application 1053 (Map 545), along a curve
to the right having a radius of 50.00 feet ,
the chord azimuth and distance being:
• 203 00' 70.71 feet;
5. 248 00' 150.00 feet along Lot 24 -B of Land Court
Application 1053 (Map 545);
6. 158° 00' 22.50 feet along Lot 24 -8 of Land Court
Application 1053 (Map 545);
•
7. 247' 17' 12255 feet along Lot 26 of Land Court Application
1053 (Map 545) to the point of beginning
and containing an area of 1 646 acres. •
All as shown on the map attached hereto, marked .Exhibit "A and by reference
1
niacte a part hereof.
SECTION 2. in the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
• SECTION 3. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COT.TNCiL MEMBER, COUN'T'Y OF HAWAII
.Hilo, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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TMK (3)1 -6 -152 018
AGRICULTURAL URBAN
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1696 ACRES
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0 250 500 1,000 1,500 2,000
AMENDMENT TO THE STATE LAND USE
BOUNDARIES MAPS
AMENDING THE STATE LAND USE BOUNDARIES MAP
FOR THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION
FROM THE AGRICULTURAL TO THE URBAN DISTRICT
AT KEA'AU, PUNA, HAWAII
MAP PREPARED BY:
TMK (3)1-6-152 018 COUNTY OF HAWAII. PLANNING DEPARTMENT DATE Nov 6.2009
EXHIBIT "A„ Greenhouse Specialists. Inc
Map 09 -175
RGreenhouseSpeel(EZ doc- 1r20n0
COUNTY OF HAWA.I`I PLANNING DEPARTMENT
RECOMMENDATION
GREENHOUSE SPECIALISTS, INC
CHANGE OF ZONE APPLICATION (REZ 09 -110)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendation of the Change of
Zone request be forwarded to the County Council. Since this recommendation is made
without the benefit of public testimony, the Planning Director reserves the right to modify and /or
alter this recommendation 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 from Agricultural - 20 acres (A -20a) to
Limited Industrial - 20,000 square feet (ML -20) for approximately 1.646 acres of land.
'the applicant intends to expand the existing greenhouse and nursery supply outlet facility
allowed under Special Permit No. 931 to allow the sale of retail garden supplies, tools,
plants and related nursery supplies. As such, the applicant wishes to reclassify and
rezone the parcel to a more appropriate zoning district rather than seek an amendment to
the Special Permit. Proposed improvements include:
• a new 5,000 square foot storage building with a 20 -foot overhang to provide
2,000 square feet of additional outside covered storage and parking area
• additional parking stalls for a total of 17 standard and one handicapped parking
stall
• paving, as required on the site
The applicant has submitted a concurrent request for a State Land Use Boundary
Amendment from an Agricultural to an Urban district.
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.
The Change of Zone request from A -20a to ML -20 conforms to the goals,
policies and standards of the General Plan and Puna Community Development
Plan. The General Plan is intended to be used as a policy guide for the coordinated
growth and development of all sectors of the County. It sets forth goals, policies,
standards and courses of action to accommodate growth without congestion, to designate
and preserve the lands needed for residential use, commercial and visitor services,
industry, agriculture and open space, and to coordinate these uses with the County's
service and circulation systems. The overall goals, policies and standards are set forth to
physically plan the lands in the County in the best interest of the island's residents. The
Puna Community Development Plan translates the broad General Plan statements to
specific actions for the Puna district. The Puna district in general lacks industrial areas
suitable for small -scale industry. Nearby Shipman Industrial Park contains large lots that
cater more to large -scale industrial uses. The General Plan Course of Action for Puna
states "identify sites suitable for future industrial activities as the need arises." An action
of the Puna Community Development Plan would be achieved by the proposed project in
that it would provide jobs to Puna residents and support the goals of the Enterprise Zone
program.
The proposed change of zone conforms to the General Plan Land Use Pattern
Allocation Guide (LUPAG) Map. The Land Use Pattern Allocation Guide ( LUPAG)
Map component of the General Plan is a representation of the document's goals and
policies to guide the coordinated growth and development of the County. It reflects a
graphic depiction of the physical relationship among the various land uses. The LUPAG
Map establishes the basic urban and non -urban form for areas within the County. The
property is designated Industrial, which includes uses such as manufacturing and
processing, wholesaling, large storage and transportation facilities, light industrial and
industrial - commercial uses.
The ALISH Map identifies the property as Prime Agricultural Land and the Land
Study Bureau's Productivity rating for the site is "C" or "Fair ". The property is improved
with a 4,000 square foot sales office /warehouse and loading bay, along with a 192- square
-2-
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viol storage area. The greenhouse and nursery supply operation will be relocated to the
proposed new 5,000 square foot building. The property has not been in intensive
agricultural use, as it is currently the site of a warehouse and office facility. Surrounding
properties to the west and south are in the State Land Use Urban district and zoned MCX-
20 (rezoned in 1998), ML -20 (rezoned in 2004), and Single - Family Residential across
from the Keeau Bypass Road. Properties to the north and east are in the State Land Use
Agricultural district and zoned A -20a. The Ulupono Town Center is located across the
project site to the west. The Hawaii Right to Farm Act, 1IRS chapter 165, was enacted to
protect farming operations on land in the State Land Use Agricultural District when
adjacent land is reclassified out of the Agricultural District. A condition of approval will
require the applicant notify prospective purchasers, tenants or lessees of the Hawaii Right
to Farni Act. Therefore, the requested Limited Industrial zoning is consistent with the
LUPAG Map.
All utilities and services are available to the site. According to the Department
of Water Supply, water is available from existing 8 -inch and 12 -inch waterlines within
Milo Street fronting the parcel. A condition of approval will be included to submit daily
water usage calculations to the Department of Water Supply. There is an existing
cesspool for wastewater, which complies with all applicable Department of Health rules
and regulations. The applicant states that upon construction of the retail garden center, a
septic wastewater treatment system meeting the Department of Health and Environmental
Protection Agency standards will he installed. Solid waste will be disposed of at
appropriate sites designated by the Department of Environmental Management.
Electricity and telephone services are available to the site. All essential utilities are
available to the project site. Police and fire services are available a mile from the site, in
Kea'au. Medical services are available at Hilo Medical Center.
Access to the project site is by an existing 27 -foot wide paved driveway off Milo
Street. According to the Department of Public Works, the portion of Milo Street that is
privately owned (TMK: 1 -6 -152: 26) fronting the subject property is currently under
consideration for dedication to the County. The existing Milo Street right -of -way width
from Kea`au -Pahoa Road Bypass is 80 feet (State owned), then 40 feet (TMK: 1 -6 -152:
-3-
26). The DPW recommends improvements to the property's Milo Street frontage
consisting of, but not limited to, pavement widening with concrete club, gutter and
sidewalk, drainage improvements and any required utility relocation meeting the
requirements of the Americans with Disabilities Act. The improvements will be required
to be located within any future road widening setback.
A condition of approval will be added requiring the applicant to construct
roadway improvements along the property's frontage on Milo Street consisting of, but
not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage
improvements, and any required utility relocation. A condition is added to require the
applicant to widen the portion of Milo Street fronting the property (TMK: 1- 6- 152: 26) an
additional 40 feet to align with the approximately 80 -foot wide State -owned portion of
Milo Street. Additionally, a condition of approval will be added that no home
improvement centers are allowed, to avoid a potential increase in traffic not consistent
with the plans presented in the application. 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 ", areas 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 request is not contrary to Chapter 205A, Hawaii Revised Statues,
relating to Coastal Zone Management. The subject property is not in the Special
Management area, located more than three miles from the shoreline and will not be
impacted by coastal hazards or affect beach erosion, coastal ecosystems and marine
resources. There is no record of a designated public access to the shoreline or mountain
arcas that traverses the property. According to the applicant, no valued cultural or natural
resources exist on the site and there is no evidence of any traditional and customary
Native I lawaiian rights being practiced on the property. No formal archaeological study
was conducted of the site. By letter dated June 22, 2009, the DLNR -SIIPD indicated that
no historic properties will be affected by the proposed project. Thus, the proposed
request is not contrary to Chapter 205A, Hawaii Revised Statutes.
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Based on the above, approval of this change of zone request from an
Agricultural 20 -acre (A -20a) to a Limited Industrial - 20,000 square feet (ML -20)
zoned district would result in an appropriate land use pattern that is consistent with
the General Plan, and will further benefit the general public.
The accompanying draft bill to amend Section 25 -8 -22 (Puna District Zone Map),
Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is
provided fbr your favorable consideration. Please note the proposed conditions of
•
approval attached to the draft hill.
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,4 oJNt' T o� y � hi\•
COUNTY OF HAWAII (€ ;�' =''/ ' STATE OF HAWAII
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25 -8 -22 (PIJNA DISTRICT ZONE MAP),
ARTICLE 8, CIIAPTER. 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), BY CTLANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL -• 20 ACRES 1A-20a) 7'O LIMITED INDUSTRIAL - 20,000 SQUARE
FEET (MI,-20) AT KEA`AIJ, PIJNA DISTRICT, HAWAII COVERED BY TAX MAP KEY:
1 -6- 152:018.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25 -8 -22, Article 8, Chapter 25 (Zoning Code) of the Hawai`i
County Code 1983 (2005 Edition), is amended to change the district classification of property
described hereinafter as follows:
The district classification of the following area situated at Kea'au, Puna District,
Hawai`i, shall be Limited Industrial - 20,000 square feet (ML -20):
Beginning at the northeast comer of this parcel of land and running by azimuths measured
clockwise from Tmc South:
1. 31T 37' 191.62 feet along Lot 26 of Land Court Application
1053 (Map 6);
2. 53° 10' 410.74 feet along Lot 1151 -B -1 of Land Court
Application 1053 (Map 168),
3. 158` 00' 169.25 feet along I,ot 24 -B of Land Court
Application 1053 (Map 545);
4. Thence along Lot 24 -B of Land Court Application 1053 (Map 545), along a curve
to the right having a radius of 50.00 feet ,
the chord azimuth and distance being
203 00' 70.71 feet;
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5. 248` 00' 150.00 feet along Lot 24 -B o[Land Court
Application 1053 (Map 545),
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6. 158' 00' 22.50 feet along Lit 24 -13 of Land Court
Application 1053 (Map 545),
7. 247' 17' 122.58 feet along Lot 26 of Land Court Application
1053 (Map 545) to the point of bcgiruung
and containing an area of 1.646 acres
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
. SECTION 2. In accordance with Section 25 -2 -44, Hawai`i County Code 1983 (2005
Edition), the County Council finds the following conditions are:
Necessary to prevent circumstances which may be adverse to the public health, safety
and welfare; or
(1) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
, (A) Protection of the public front the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACKED CONDITIONS
SECTION 3. Iii the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance
•
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SECTION 4 This ordinance shall take effect upon its approval.
INTRODUCED BY.
COUNCIL MEMBER, COUNTY OF TTAWAI'I
. ITawai `i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date.
•
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25 -8 -22 (PUNA DISTRICT ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL - TWENTY ACRES (A -20a)
TO LIMITED INDUSTRIAL - 20,000 SQUARE FEET (ML -20)
AT KEA'AU, PUNA DISTRICT, HAWAII
MAP PREPARED BY: '
TMK (8)1 -6- 152 018 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE Nov 8, 2009
EXHIBIT "A" Greenhouse Specia sls, Inc
C'Greenhousctip cRL•Z do - l/20:10
• GREENiHOUSE SPECIALISTS, INC.
CHANCE OF ZONE APPLICATION (REZ 09 -110)
CONDITIONS OF APPROVAL
A. '[he applicant, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. Prior to the issuance of a water commitment by the Department of Water Supply,
the applicant shall submit the anticipated maximum daily water usage calculations
as recommended by a professional engineer licensed in the State of Hawaii, and a
water commitment deposit in accordance with the "Water Cotmnitment
Guidelines Policy" to the Department of Water Supply within 180 days from the
effective date of this ordinance. Based upon the calculations, if required, the
applicant shall install a larger or additional meter, and remit the prevailing
facilities charge to the Department of Water Supply.
C. Final Plan Approval for the proposed development shall be obtained within five
(5) years from the effective date of this ordinance in accordance with Section 25-
2-70, Chapter 25 (Zoning Code), i iawaii County Code.
D. No Home improvement Centers shall be constructed on the property.
E. The portion of Milo Street fronting the property (TMK: 1 -6 -152: 26) shall be
widened an additional 40 feet to align with the approximately 80 -foot wide State -
owned portion of Milo Street.
F. The applicant shall provide improvements to the property's Milo Street frontage
consisting of, but not limited to, pavement widening with concrete curb, gutter
and sidewalk, drainage improvements, and any required utility relocation, meeting
the requirements of the Department of Public Works. The improvements shall be
located within any future road widening setback.
G. Should the applicant develop a land use that will generate significantly more trips
than was described in the Traffic Impact Analysis Report (TZAR) dated
• September 2009, a revised TIAR shall be submitted for review and approval by
the Department of Public Works. The applicant shall implement, at no cost to the
County, any roadway improvements deemed necessary by the Department of
Public Works.
H. All development - generated runoff shall he disposed of on site and shall not be
directed toward any adjacent properties. A drainage study shall be prepared by a
licensed civil engineer and submitted to the Department of Public Works prior to
• Final Plan Approval. Any drainage improvements, if required, shall be
constructed meeting with the approval of the Department of Public Works prior to
the issuance of a Certificate of Occupancy.
A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to the issuance of Final
Plan Approval.
J. The applicant shall install a wastewater system meeting with the requirements of
the State Department of 1 lealth.
K. 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 DI,NR -SHPD shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from DLNR-
HPD when it finds that sufficient mitigation measures have been taken.
L. The applicant shall notify prospective purchasers, tenants, or lessees of the subject
property that farming operations and practices on adjacent or contiguous land in
the State Land Use Agricultural District are protected under I•lawaii Revised
Statutes chapter 165, the l lawaii Right to Fame Act. This notice shall be included
in any disclosure required for the sale or transfer of the subject properties.
M. Any action that would interfere with or restrain farming operations on adjacent or
contiguous properties shall he prohibited; provided the farming operations are
conducted in a manner consistent with generally accepted agricultural and
management practices on adjacent or contiguous lands in the agricultural district.
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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0. The applicant shall comply with all applicable County, State and Federal laws.
rules, regulations and requirements.
P. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. The non - performance is the result of conditions that could not have been
foreseen or are beyond the control of the 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 he extended for up to one additional year).
5. If the applicant should require an additional extension of time, the
Planning Department shall submit the applicant's request to the Planning
Commission and the County Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the area to its original or
more appropriate designation.
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