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HomeMy WebLinkAboutCOM 0903.000 2008-2010 k N,1 William T. Takaba William P. Kenoi 1 ` , ' i . * g g Mayor I Managing Director a..4 Wally Lau 're - O;-;4 � Deputy Managing Director County of Hawaii 25 Aupuni Street • Hilo, Hawai`i 96720 • (808) 961 -8211 • Fax (808) 961 -6553 KONA: 75 -5722 Hanama Place, Suite 102 • Kailua -Kona, Hawai'i 96740 (808) 327 -3602 • Fax (808) 326 -5663 July 28, 2010 t Honorable J Yoshimoto, Chairman 11� and Members of the County Council ' County of Hawai`i 25 Aupuni Street —' Hilo, HI 96720 Dear Chairman Yoshimoto and Members: Change of Zone Application (REZ 10- 000121) Applicant: Stephanie Dullum Request: A -40a to A -10a Tax Map Key: 4 -6 -11:39 v(hange of Zone (REZ 698) Applicant: HNMP, LLC (Paul Ogasawara, Manager) Request: Five -Year Time Extension to Comply With Condition B (Complete Construction) of Change of Zone Ordinance No. 03 -111 Tax Map Key: 1 -5 -7:20 As required by Chapter 4, Sec. 6- 4.3(C), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Leeward Planning Commission's letters and enclosures regarding the above - referenced requests. Sincerely, William P. Kenoi Mayor Enclosures cc: Planning Department Comaa. No, 903 71 L l� 3 Ref. To; L Ref. Dora L 3 0 2011___, 7 JMr os h County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawai`i 96720 Phone (808) 961 -8288 • Fax (808) 961 -8742 July 28, 2010 The Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: Change of Zone (REZ 698) Applicant: HNMP, LLC (Paul Ogasawara, Manager) Request: Five -Year Time Extension to Comply With Condition B (Complete Construction) of Change of Zone Ordinance No. 03 -111 Tax Map Key: 1 -5 -7:20 The Windward Planning Commission, after a duly held public hearing on July 8, 2010, voted to recommend for your approval the proposed legislative bill for an amendment to Condition B of Change of Zone Ordinance No. 03 -111 (REZ 698) which rezoned 4.901 acres of land from an Agricultural 1 acre (A -1a) to a Neighborhood Commercial (CN -20) zoned district. The request is for a 5 -year time extension to complete construction of the proposed Woodland Center commercial development. The subject property is located at the junction of the Pahoa Bypass Road and the Keaau -Pahoa Road bordering Kahakai Boulevard, Keonepoko Iki Homesteads, Pahoa, Puna, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant requests a five (5) -year time extension to Condition B (Completion of Construction) of Ordinance No. 03 111. Condition B states: "Construction of any development on the subject property shall be completed within five (5) years from the effective date of this amendment. In the event substantial construction has occurred, but not completed within the five -year period, the Planning Director may grant an extension of not more than one year. Prior to commencing construction, Final Hawai`i County is an Equal Opportunity Provider and Employer The Honorable J Yoshimoto, Chairman and Members of the County Council Page 2 Plan Approval shall be secured from the Planning Director in accordance with Chapter 25 -2 -72, 25 -2 -73, and 25 -4 -7 of the Zoning Code......" This condition required that construction be completed by July 9, 2008. In 2008, a one -year administrative time extension to July 9, 2009 was granted. Since 2008 the applicant secured plan approval and building permits and began construction of the Woodland Center project, which include a Longs Drugs store and KFC and Burger King restaurants. According to the applicant, construction of the Woodland Center is 75% complete and the parking lot has been paved for the project. The non - performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant(s), successors or assigns, and are not the result of their fault or negligence. The applicant states "Review and approval of plan designs and off -site improvements plans took unusually long to complete and numerous changes and conditions were sought by approving agencies. Due to the time involved in getting necessary approvals and permits, the construction of all improvements could not be completed by July 9, 2009." For example, conditions of the change of zone ordinance required that the applicant construct improvements within the State and County road right -of -ways. On April 6, 2010 the Department of Transportation granted conditional approval to allow the applicant to construct off -site improvements within the State road right -of -ways. Granting of the time extension would not be contrary to the General Plan or Zoning Code. The General Plan LUPAG Map designation has not changed since the property was originally rezoned in 1991. The request continues to be consistent with the Urban Expansion designation which allows for a mix of high density, medium density, low density, industrial, industrial - commercial and /or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. According to the Puna Community Development Plan, which was adopted through ordinance on September 10, 2008, the 4.901 -acre property is situated within a portion of the Pahoa Regional Town Center that is specifically intended for regional uses and services. The proposed uses are consistent with the Puna CDP, as similar restaurants and retail establishments (Longs Drugs, Burger King, KFC) are likewise located in the regional town centers of Hilo and Kea'au. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 3 The property is Neighborhood Commercial — 20,000 square feet (CN -20), which allows for commercial activities such as a compact shopping center which supplies goods and services to a residential or working population on a frequent need or convenience basis. The proposed retail establishment, restaurants, convenience store and automotive service station are permitted uses within the CN zoning district. Thus, the request continues to be consistent with the Zoning Code. The Department of Transportation (DOT), in consultation with the County and applicant, has identified additional roadway improvements that are needed to address concerns regarding traffic circulation and safety in the vicinity of the Woodland Center project. DOT recommends reconnecting the Kahakai Boulevard intersection at Highway 130 to allow right -turn in and right -turn out movements only, as well as a dual - purpose auxiliary lane beginning at Pahoa Village Road and ending at Kahakai Boulevard to serve as an acceleration for vehicles turning right onto Highway 130 from Pahoa Village Road, a merge lane for vehicles traveling southbound past Kahakai Boulevard, and a deceleration lane for vehicles turning right into the reopened Kahakai Boulevard. An acceleration lane with a paved striped island is also recommended for vehicles turning right out of Kahakai Boulevard onto southbound Highway 130. The Planning Department and Department of Public Works concurs with the need for these roadway improvements. Thus, Condition E has been modified to reflect these recommendations. Additionally, since the applicant has already secured final plan approval for the proposed development, this requirement has been removed from Condition B. Compliance with all other conditions of Ordinance No. 03 111 is still required. Based on the above findings, the proposed amendment to Condition B of Ordinance No. 03 111 is not contrary to the original reasons for approving the Change of Zone. For your favorable consideration, an amendment to Ordinance No. 03 -111 is transmitted. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 4 We are also enclosing copies of the staff Background, Planning Director's Recommendation, transcript of the hearing, Traffic Impact Analysis Report, and a letter dated July 6, 2010, from Councilmember Emile I. Naeole- Beason for your information. Sincerely, R( zr___O-/ge CA} a---e7--e4 ell Woodward, Chairman Windward Planning Commission Lgbnokkc92rez698PC Enclosures cc: Mr. Jon McElvaney Department of Public Works Department of Water Supply Department of Land & Natural Resources -HPD DOT - Highways, Honolulu Amy Self, Esq., Corporation Counsel BHNMPAmendREZ. doc- 6/23/10 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT 1 HNMP, LLC (PAUL OGASAWARA, MANAGER) CHANGE OF ZONE ORDINANCE NO. 03 111 (REZ 698) AMENDMENT TO CONDITION B HNMP, LLC (PAUL OGASAWARA, MANAGER) has submitted a request to amend Condition B of Ordinance No. 03 111, which amended Ordinance No. 00 128, which reclassified 4.901 acres of land from the Agricultural — 1 acre (A -1 a) to Neighborhood Commercial — 20,000 square feet (CN -20) zoned district. The request is for a 5 -year time extension to complete construction of the proposed Woodland Center commercial development. The property is located at the junction of the Pahoa Bypass Road and Keaau -Pahoa Road bordering Kahakai Boulevard, Keonepoko Iki Homesteads, Pahoa, Puna, Hawaii, TMK: 1 -5- 07:20. PROPOSED ACTION 1. Request: The applicant requests an amendment to Condition B of Ordinance No. 03 111 to allow a five (5) year time extension to complete the construction of a commercial center known as the "Woodland Center" project. Condition B states: "Construction of any development on the subject property shall be completed within five (5) years from the effective date of this amendment. In the event substantial construction has occurred, but not completed within the five -year period, the Planning Director may grant an extension of not more than one year. Prior to commencing construction, Final Plan Approval shall be secured from the Planning Director in accordance with Chapter 25 -2 -72, 25 -2 -73, and 25 -4 -7 of the Zoning Code......" 2. Reasons for Request: According to the applicant the time extension is being sought because the review and approval of plan designs and off -site improvement plans took unusually long to complete and numerous unanticipated changes and conditions were sought by approving agencies. (Planning Department Exhibit 1 - Applicant's letter dated April 16, 2010 and attachments) BACKGROUND INFORMATION 3. Environmental Review: Hawai`i Revised Statutes, Chapter 343 requires that environmental review be conducted for actions that occur on County or State lands or that ATTACH: Coma. 903 Bill 283 use County or State funds. Some of the traffic improvements required for the Woodland Center project will occur within the State and County road right -of -ways but have been determined to be exempt from environmental review pursuant to HRS, Chapter 343 -6. (P.D. Exhibits 2 and 3 - Letter dated August 6, 2007 from Planning Department to Jon E. McElvaney and letter dated March 4, 2010 from State Department of Transportation to Jerel Yamamoto). CHRONOLOGY 4. December 2, 1991: Effective date of Ordinance No. 91 116 which changed the district classification of the subject property from A -la to CN -20. The applicant requested the change of zone to establish a supermarket on the site. The property was also the subject of a State Land Use Boundary Amendment from Agricultural to Urban. 5. November 25, 1992: One -year administrative extension of time to December 2, 1993 granted to comply with Condition B (secure Final Plan Approval). 6. November 26, 1993: Final Plan Approval No. 2902 granted. Pursuant to Condition C, construction of the proposed supermarket should have commenced within one year from the date of Final Plan Approval. 7. October 31, 1994: Applicant requests extension of time to commence construction. 8. December 28, 1994: Letter to applicant that Ordinance No. 91 116 does not allow the Planning Director to grant another administrative extension of time, and any requests for a time extension must be considered by the Planning Commission and County Council. 9. November 26, 1995: Expiration date of FPA No. 2902 since plans were not utilized within two years from Final Plan Approval. 10. August 30, 1996: Landowner /applicant informed that the Planning Department will initiate downzoning of the parcel due to non - compliance with the conditions of approval. 11. September 13, 1996: Applicant requests that downzoning not be initiated, as potential lessees are being sought. 12. February 15, 2000: County Council requests Planning Director to downzone the property to its original designation of A -la. 13. June 12, 2000: Applicant requests amendment to Conditions B and C of Ordinance No. 91 116 for an additional five years to complete construction of the proposed project. -2- Applicant states that development plans were stalled due to the economic downturn since the rezoning was approved. The applicant reports that he has relinquished the development rights of this property to another entity in 1994. That entity was subsequently unable to proceed with the project, and the development rights were returned to the applicant. 14. November 24, 2000: Effective date of Ordinance No. 00 128 amending Condition B (secure Final Plan Approval) and deleting Condition C (commence construction) of Ordinance No. 91 116. 15. January 6, 2003: Applicant requests an amendment to Conditions C and D of Ordinance 00 128 to allow the construction of a service station and convenience store while deferring the required curb, gutter and sidewalk and intersection improvements, consistent with the findings of an October 21, 2002 Traffic Assessment Report prepared by The Traffic Management Consultant. 16. July 9, 2003: Effective date of Ordinance No. 03 111 amending Conditions C (curbs, gutters, sidewalks) and D (intersection improvements) of Ordinance No. 00 128. (Exhibit 4 - Change of Zone Ordinance No. 03 111) 17. January 6, 2005: Final Plan Approval granted for construction of a convenience store and fuel gas station. 18. March 28, 2005: Building Permit No. B2005 -0738H issued for a convenience store and fuel gas station. This permit was finalized on December 13, 2006. 19. March 9, 2007: Final Plan Approval No. 07- 000211 granted for construction of the Woodland Center project (retail /commercial /restaurant complex). The applicant submitted revised plans for plan approval in 2009 for a different site plan layout. 20. April 14, 2008: Applicant requests extension of time to complete construction of the Woodland Center project. 21. June 9, 2008: One -year administrative time extension, to July 9, 2009, granted to complete construction of the Woodland Center project. 22. February 5, 2009: Final Plan Approval No. 08- 000481 granted for construction of the Woodland Center project to include Longs Drugs, Burger King and KFC. (Exhibit 5 - Plan Approval No. 08- 000841) -3- 23. August 26, 2009: Building Permit No. B2009 -1448H issued for a retail store (lessee: Longs Drugs). 24. September 16, 2009: Building Permit No. B2009 -1584H issued for a restaurant (lessee: Burger King). 25. September 22, 2009: Building Permit No. 2009 -1620H issued for a restaurant (lessee: KFC). AGENCIES' COMMENTS 26. Department of Water Supply: P.D. Exhibit 6 — June 16, 2010 memo 27. Department of Public Works: P.D. Exhibit 7 — June 9, 2010 memo 28. Department of Environmental Management: P.D. Exhibits 8 and 9 — May 13, 2010 memo and June 10, 2010 letter to Yen Wen Fang, P.E. 29. Police Department: P.D. Exhibit 10 — May 20, 2010 memo 30. Department of Transportation: P.D. Exhibit 11 — June 22, 2010 letter AGENCIES - NO COMMENTS /CONCERNS 31. Fire Department, Department of Health, Department of Land and Natural Resources - Land Division. PUBLIC COMMENTS 32. None as of this writing. -4- AftiP oHoMa 0hg.Wao REALTY CORPORATION April 16, 2010 Planning Department 101 Pa uahi Street, Suite Hilo, Hawaii 96720 Re: Time Extension of Change of Zone For Condition B of Ordinance No. 03-111 TMK (3) 1-5-007 -020 4.901 Acres of land Rezoned Lands from Agricultural (A-la) to Neighborhood Commerical (CN -20) Dear Sir or Madam: Applicant: HNMP LLC, Paul Ogasawara, Manager (previous Paul Ogasawara) Ownership: The subject property is owned by HNMP, LLC, a Hawaii limited liability company. Location: The subject property is bound by the Pahoa Bypass road, the old Keaau Road and Kahakai Boulevard being property located in Keonepoko Iki Homestead, Pahoa, District of Puna, County and State of Hawaii. Planning Dept. Exhibit M P.O. Box 4338 101 Aupuni Street, Suite 1001 Telephone: (808) 935 -2995 Hilo, Hawai'i 96720 -4338 Hilo, Hawaii 96720 -4259 Fax: (808) 935 -8269 Size: The subject real property contains 4.901 acres of land, more or less. Request: On behalf of the owner, HNMP LLC, (Paul Ogasawara, Manager) this letter requests an amendment to Condition B of Ordinance No. 03111, to allow a five (5) year extension of time to July 9, 2014 to complete the construction of a commercial center in Pahoa, Hawaii. Granting the time extension will not be contrary to the original reasons for granting the change of zone, or the General Plan, Zoning Code or the Puna Community Development Plan. Background/Facts: On June 9, 2008, the Planning Department approved an extension of time to complete the project for one year to July 9, 2009. A service station and convenience store was previously approved and completion of this was done by July 8, 2008. Presently, the remainder of the commercial center is 75% complete. The parking lot for the project has been paved and building shells with roofs and other improvements have been constructed. The buildings for each of the tenants is 75% complete. The following are the tenants of the project: Longs Drugs Store, Burger King and KFC. The tenants expect to employ 115 or people. Plan approval was originally granted for the service station on July 9, 2003. Plan approval for the second phase of the development (PLA 07-000211) was granted on March 21, 2007. Because of a new tenant mix, a revised plan was submitted and was approved on February 6, 2009 (PLA 08-000481) by the Planning Department. County building permits were issued on April 15, 2009. Conditional approval was finally given by the State Department of Transportation Highways Division on April 6, 2010, to perform off-site improvements within the State and County right of way. Reasons for Amendment: a. The center was not completed within the time frame of the ordinance. It was not due to the fault or negligence of the owner. The non-performance was due to conditions that could not have been foreseen or were beyond the control of the applicant, its successors or assigns. Review and approval of plan designs and off-site improvements plans took unusually long to complete. Numerous changes and conditions were sought by approving agencies. b. Due to the time involved in getting necessary approvals and permits, the construction of all improvements could not be completed by July 9, 2009. Based on the foregoing, we respectfully request approval of an extension of time to complete construction and obtain the necessary certificates of occupancy for the stores in the Woodland Center complex. Enclosed please find the following: a. Check for $250.00 filing fee; b. Original and 20 sets of the completed application form. If you need any additional information, please feel free to contact me at 938-2033. Sincerely, 4 HNMP, LLC C By: Jon McElvaney, Owner's Representative Project Development Consultant Enclosures Cc: HNMP, LLC w/ encl. Jerel Yamamoto, Esq. w/ encl. FIGURES: 1. Copy of Ordinance No. 03 -111 (REZ No. 698) 2. Historic Preservation Review 3. Location Map 4. Final Plan Approval received March 21, 2007 5. Final Plan Approval received February 6, 2009 6. Extension of Time granted June 9, 2008 thru July 9, 2009 7. Pictures of Woodland Center Development 8. Permit to work in the State ROW 3 COUNT' OF H ; AW _ - . :: STATE OF HAWA. `J BILL NO. 112 ORDINANCE NO. 0 3 1.11 AN ORDINANCE AMENDING ORDINANCE NO. 00 128 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL (A -1 a) TO NEIGHBORHOOD COMMERCIAL (CN -20) AT KEONEPOKO, PUNA, HAWAII, COVERED BY TAX MAP KEY 1 -5- 07:20. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 00 128 is amended as follows: "SECTION 1. Section 25 -8 -26, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Keonepoko, Puna, Hawaii, shall be Neighborhood Commercial (CN -20): Beginning at a point at the southeast corner of this parcel of land and on the northerly side of Kahakai Boulevard, the coordinates of said point of beginning referred to Govemrnent Survey Triangulation Station "olaa" being 34,554.85 feet South and 35,137.78 feet East and running by azimuths measured clockwise from true South: 1. 70° 34' 732.05 feet along the northerly side of Kahakai Boulevard to a point at the easterly side of the Keaau - Pahoa Road (F.A.S.P. No. S -0130 (8)) thence along the easterly side of the Keaau -Pahoa Road (F.A.S.P. No. S -0130 (8)) for the next three (3) courses along a curve to the left having a radius of 2,904.79 feet, the chord azimuths and distances being: 2. 152° 15' 29.2" 216.99 feet; 3. 149° 43' 03.4" 40.56 feet; 4. 149 01' 01.7" 30.47 feet; -1- 5. 148° 43' 49.91 feet along the easterly side of the Keaau- Pahoa Road (F.A.S.P. No. S0130 (8)); 6. 238° 43' 10.00 feet along a jog in the Keaau -Pahoa Road Project No. RS -0130 (18); thence along the easterly side of the Keaau -Pahoa Road Project No. RS -0130 (18) along a curve to the right having a radius of 180.00 feet, the chord azimuth and distance being: 7. 177° 40' 35" 174.31 feet; thence along the Keaau -Pahoa Road Project No. RS -0130 (18) along a curve to the right having a radius of 39.87 feet, the chord azimuth and distance being: 8. 249° 48' 32" 54.56 feet; thence along the southerly side of the Keaau -Pahoa Road Project No. RS -0130 (18) along a curve to the left having a radius of 1,370.00 feet, the chord azimuth and distance being: 9. 289° 59' 27" 142.96 feet; 10. 287° 00' 353.36 feet along the southerly side of the Keaau- Pahoa Road Project No. RS -0130 (18); 11. 197° 00' 10.00 feet along a jog in the Keaau -Pahoa Road Project No. RS -0130 (18); 12. 287° 00' 298.51 feet along the southerly side of the Keaau- Pahoa Road Project No. RS -0130 (18); thence along the southerly side of the Keaau -Pahoa Road Project No. RS -0130 (18) along a curve to the right having a radius of 1,940.00 feet, the chord azimuth and distance being: 13. 287° 31' 43.5" 35.81 feet; -2- 14. 328° 50' 11.43 feet along a jog in the Keaau -Pahoa Road Project No. RS -0130 (18) to the point of beginning and containing an area off4.901 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: (A) the applicant, its successors or assigns shall comply with all stated conditions of approval; (B) construction of any development on the subject property shall be completed within five (5) years from the effective date of this amendment. In the event substantial construction has occurred, but not completed within the five -year period, the Planning Director may grant an extension of not more than one year. Prior to commencing construction, Final Plan Approval shall be secured from the Planning Director in accordance with Chapter 25 -2 -72, 25 -2 -73, and 25 -4 -7 of the Zoning Code. Plans shall identify the proposed structures, landscaping, fire protection measures, paved driveway and parking stalls associated with the proposed uses. Landscaping shall be indicated on the plans and be provided for the purpose of mitigating any adverse noise or visual impacts to adjacent properties; (CO curbs, gutters, sidewalk and avement improvements shall be provided within the Kahakai Boulevard extension right -of -way fronting the property meeting with the approval of the Department of Public Works prior to receipt of a certificate of occupancy for any portion of the development other than the proposed service station and convenience center as described in the Traffic Assessment dated October 21 2002. Further, a -3- ( ,_, 1 radius shall be rovided at the Kahakai Boulevard-Pahoa d- P r Pahoa Road intersection. In order to construct the commercial standard road, utilities — Th shall be relocated, if necessary; (D) access to the property shall meet with the approval of the Department of Public Works. Direct access to the property shall be limited only to the Kahakai Boulevard extension. Improvements at the intersection of Kahakai Boulevard and Pahoa Road, which shall include the provision of ` 3 left- and right -turn lanes on Kahakai Boulevard extension, and a left -tum lane on Pahoa Road, shall be installed as required by the [Department of Public Works] Department of Transportation prior to receipt of a certificate of occupancy for any portions of the development other than the proposed service station and convenience center as described in the Traffic Assessment dated October 21, 2002; C y)E) improvements, if any, to the Pahoa By -Pass Road, which may inch ,dg_ extending the left -turn storage ge lane leading to the connector road, shall be installed as required by the State Department of Transportation-Highways Division, prior to receipt of a certificate of occupancy for any portion of the development; (F) a drainage system shall be installed meeting with the approval of the Cc 1 Department of Public Works; (G) should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walks be encountered, work in the immediate area shall cease and the Planning Department shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning -4- ,) Department when it finds that sufficient mitigative measures have been • taken; (H) all other laws, rules, regulations and requirements of State and County agencies shall be complied with; (I) should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein may, at the developer's election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; (J) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of this change of zone. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. • This condition shall remain in effect until all of the conditions of approval have been complied and the Planning Director acknowledges that further reports are not required; and, (K) [an 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 be foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence; -5- 2) granting of the time extension would not be contrary to the general plan or zoning code; 3) granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; 4) the time extension granted shall be for a period not to exceed the • - • period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year); and 5)] if the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation." SECTION 2. Material to be deleted is bracketed. New material is underscored. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: C s d CIL MEMBER, COUNTY OF HAWAII Hilo , Hawai`i Date of Introduction: June 18, 2003 Date of 1st Reading: June 18, 2003 Date of 2nd Reading: July 2, 2003 Effective Date: July 9 , 2003 kili ("Cling 251 • -6- • LINDA LINGL£ It G K !ti;4 = .� LAURA CHAIRPERSON ERSON F.ti GOVERMOR OF HAWAII f ' • .„ ', BOARD ON RESOURCE MANAGEMENT ANAGE t . 1 rQ - -. 5 9 ••.L� COMM . ISSI`7 ON WATEMANAGEMENT RUSSELL Y. 7SUJ7 7 f � ; _; I I FIRST DErUTv �� and r . T ' . 3a c c 0/ 'I � ' , ` ier � , • i . / r } KEN C. ICAWAHARA 4 ♦ 4 /l J 4 DEPUTY ' DIRECTOR -WATER • I t -4ill l `� i '.', ' ` �� AQUATIC RESOURCES 'Z'f �� BOATING AND OCEAN RECREATION � if R BUREAU OFCONVEYANCES ` yY. �- COW- USSR:MON WATER RESOURCE MANAGEMEIN �� COMSERVATIOHANDCOASTALLANDS + STATE OF HAWAII CONSERVATION RSG�NEER RESOURCES ENFORCEMENT FORESTRY AND WILDLIFE •kam ' DEPARTMENT OF LAND AND NATURAL RESOURCES HISTORIC PRESERVATION RAROOLAW E ISLAND RESERVE COMMISSION STATE HISTORIC PRESERVATION DIVISION STA PARKS 601 KAMOKILA BOULEVARD, ROOM 555 KAPOLEI, HAWAII 96707 February 24, 2009 Mark Grant, Designer LOG NO: 2009.0724 Engineering Partners, Inc. DOC NO: 0902MD36 PO Box 4159 Archaeology Hilo, Hawaii 96720 Dear Mr. Grant: SUBJECT: Chapter 6E -42 historic Preservation Review — Request for Comment on a Grading Permit Application for the Proposed Site Development for the Woodland Center Keonepoko -Iki Ahupua'a, Puna District, Island of Hawaii TMK: (3) 1 -5- 007:020 Thank you for the opportunity to comment on the aforementioned project, which we received on December I, 2008. The Woodland Center proposes to construct a Longs, Burger King and KFC with parking lots. The existing gasoline station will remain in operation. 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 ►1 An accepted archaeological inventory survey (AIS) found no historic properties ❑ SHPD previously reviewed this project and mitigation has been completed ® Other: An archaeological assessment conducted in 1991, prior to the development of the gas station, found no historic properties (PHRI 792 - 020591) and SHPD has subsequently determined no historic properties will be affected for a grading permit for this parcel (Doc No. 0410MM06) and an NPDES for this development (Log No. 2008.5057, Doc No. 0812MD12) . In the event that historic resources, including human skeletal remains, cultural materials, 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, „ a 7)7-4,6,,, •..-- Nancy McMahon, Deputy SHPO /State Archaeologist and Historic Preservation Manager State Historic Preservation Division FOR REFERENCE ONLY : T� C�� . �Z 1 sA -® • A sa r ������,� dyer I't 4 Acap-A . as.I077a IN A -. TT A le .' p z____ .- A I .•.���. At i .CVLrw/ p U `Ra' L (A -ico T® NEIGH ®® Rrlo ®® 1 CoP mien cI ." L (cl, - �®) , . Alta i J .. .. . , . . _ L_ IaO PRI -tOA - F°A� OA A -1a Ke APU A la _ I • le A - le A-a0a AMENDMENT T THE ZONING ANI ENDING 5ETT /ON `25 -107 (PAHOA ZONE MAF) 1 ArR-ri cam a, CHAlicr '2 emeN t N G Corm.) o f TH E HA A11 COUNT 7. C •m s`3° CHANcet1 G THM C ST PR1CT Cl...o®s.'s tF1 °°1e) , ,' F IRO rvit AG R1 C U LT U RA L. (:. ' °1 =) TO NeIGHS H; Cyr, C 1, rErRC L (Cry --2 ,) sk , - KEeNcepO c), Pt_Jr :t„ H, Ile • .. - is ----- • ,." • . , Harry Kim T.);,7# Christopher Yuen Mayor 0- w e ir . . Director . Brad Kurokaiva ASLA LEEDP AP griltittU Pafttaii Deputy Director • PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808) 961-8288 • FAX (808) 961-8742 March 9, 2007 Durant Media Five 557 Nfanond Street Hilo, Hawaii 96720 Dear Mr. Stark: FINAL PLAN APPROVAL (PLA "Woodland Center" Retail(Corturiercial/Restaurant Complex TMK: 1-5-007:020; Kdonenoko Homesteads, Pahoa, Puna, Havirai'i We have reviewed the above-described plans for the establishment of the proposed "Woodland Center" pursuant to FINAL PLAN APPROVAL. Enclosed is a copy of the FINAL PLAN APPROVAL for your files. We apologize for the delay in processing your submittal. Please be aware of the conditions of approval that are part of this FINAL PLAN APPROVAL for the subject improvements These conditions, which are listed on page 2 of the FINAL PLAN APPROVAL document, must be complied with prior to the establishment arid occupancy of the retail/comatercial/restaurant complex. Should you have any questions, please feel-welcome to contact Jonathan Holmes or Dap. Arai of this Department. Sincerely, • EQICIVED /HIZISTOPFIER J. YUEN ) 14001/e tJ 11 MAR 2 i 2007 ..„, planning Director I 1 /40 7 • JRI-Led Purrant — Media Five 0:Tian Approvals\ 1 \PLA-07-000211WoodiandCeriterl5007020Letter.doc j\rt‘k '!/O IA &if(ct ral 2007 Encl PLA-07-000211 ftirm,d0c • 61 OCC 5 I ` 14.1414/w'll( Ce*tIcitiAlv SF A-0'■ xc Planning Commission Division (R 698, SLU 794) LO 1 -; VAJ f 7 Old °dui bo 9_ tio),-4// et ,k1) Le-6's Te 6 -0 z Hawai'l County is an Equal Opportunity PnoVider and Employer • COUNTY PLANNING DEPARTMENT FINAL PLAN APPROVAL (PLA -07- 000209) • APPLICANT: DATE APPROVED:. Durant Media Five March.9, 2007 LOCATION: TAX MAP KEY: Keonepoko Homesteads, Pahoa, Puna 1 -5- 007:020 PARCEL AREA / PROJECT SITE AREA: ZONING: 4.901 acres / ±4 acres CN -20' PROPOSED USE: "Woodland Center" Retail/Commercial/Restaurant Complex As Shown on Plan Comments Front Yard (Pahoa Bypass Road) >30' (varies) OK, 15' -0" Minimum required Front Yard (Pahoa.Village Road) >70' OK, 15' -0" Minimum required Front Yard (Kahakai Boulavard) >80' OK, 15' -0" Minimum required Side Yard N/A N/A Ht. of Structure 32' -8" OK, 40' -0" Maximum allowed Access to parking Three 24' wide paved accesses OK, Must meet with the requirements of the from Kahakai Boulevard Department of Public Works (DPW). Off - Street Parking 125 spaces, 6 of which are OK, 32,900 sq.ft. gross floor area / 300 =110 ADA accessible 1 ADA van- accessible). (109.667) spaces req'd., 5 ADA accessible spaces req'd. (includes 1 ADA van- accessible) (see conditions 1 & 2) Loading and Unloading Parking: 3 total, 2 Q10' x 22'and OK, 30,001 to 40,000 sq.ft. = 4 req'd. Section 1 @ 12' x 50'. 25- 4 -57(c) allows a reduction up to 50 %. Density N/A Fencing and Walls: None proposed OK Material Height Location • Landscaping Prepared by Leonard T. Bisel, OK, Complies with PD Rule 17 (see condition 3) Licensed Proffessional Landscape Architect. • !ham P. Kenoi �P'.• . ,.. • BJ Leithead Todd Mayor r Acting Deputy Planning Director County of Hawaii • PLANNING DEPARTMENT Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 • Phone (808) 961 -8288 • Fax (808) 961 -8742 February 5, 2009 Engineering Partners, Inc. 455 E. Lanikaula Street • Hilo, Hawaii 96720 Dear: Mr. Yang Wen Fang FINAL PLAN APPROVAL (PLA -08- 000481) "Woodland Center" (Long's Drugs, Burger King & KFC Complexes) TMK: 1- 5- 007:020: Keonepoko Homesteads, Pahoa, Puna, Hawaii We have reviewed the above - described plans for the establishment of the proposed "Woodland Center" pursuant to FINAL PLAN APPROVAL. Enclosed is a copy of the FINAL PLAN APPROVAL for your files. We apologize for the delay in processing your submittal. Please be aware of the conditions of approval that are part of this FINAL PLAN APPROVAL for the subject improvements. These conditions, which are listed on page 2 of the FINAL PLAN APPROVAL document, must be complied with prior to the establishment and occupancy of the retail/commercial/restaurant complex. Should you have any questions, please feel welcome to contact Larry Nakayama or Daryn Arai . of this Department. Sincerely, • 0 •=41,4 ,¢ BJ LEIT EAD TODD (1 Acting Deputy Planning Director LHN:jlh O:\Plan Approvals\ I \PLA-08-000481 WoodlandCenterl5007020Letter.doc Encl: PLA -08- 000481... form.doc Sr A xc: Planning Commission Division (REZ 698, SLU 794) t Hawaii County is an Equal Opportunity Provider and Employer Vs;; • Final Plan Approval (TMK: 1 -5- 007:020) February 5, 2009 Page 2 of 2 Others Tax Clearance; REZ 698, SLU 794 OK, Dated November 21, 2008; Complies Drainage Study OK. Approved October 29, 2008 (See Attached Letter from DPW). Business Signage Subject to DPW requirements. Conditions of Approval: 1. A..roved . arkin to be . aved and stri . ed and a. . ro .hate si u a. e installed . rior to the issuance of the Certificate of Occupancy. 2. Provide an accessible pathway, from accessible stalls to the entrances of all tenant spaces, with a slope not to exceed 2% in accordance with Section 25 -4 -55 of Chapter 25, Hawaii County Code. 3. Approved landscaping shall be installed in good condition prior to the issuance of the Certificate of Occupancy and shall be maintained in good health and with no accumulation of plant debris or litter thereafter. 3. A. .licant its successors or assi y shall com.1 with all stated conditions of a. 'royal of Chan_e of Zone Ordinance No 03 -111 and any amendments thereof, including, but not necessarily limited to, improvements as required by the DPW, DWS and DOT, prior to the issuance of the Certificate of Occupancy. 1. Provide curb, gutter, sidewalk and pavement improvements along the Kahakai Boulevard extension right -of- way fronting the subject property in a manner meeting with the approval of the Department of Public Works prior to the issuance of a certificate of occupancy for any portion of the proposed development, as required by Condition C of Ordinance No. 03 -111. L. The applicant shall ensure that extra measures will be taken to prevent any signage, banners & advertisement that might be in full view from the Keaau -Pahoa By Pass Road. Aonlicant shall comply with all other applicable laws, rules, regulations and requirements of Hawai'i County. , icting Deputy Planning Director ■ate: February 5, 2009. :\Plan Approvals \ 1\ pLA -08- 000481 WoodlandCenter15007020form.doc • Harry Kim .:74‘Z;. t�a�5 / Ch Mayor s 'Christopher J. Yuen o � o��� Director ►e °i " "� Brad I�urok .. - awa • ,ASLA LEEID ®AP Clunk of paftraii Deputy Director PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 -4224 (808) 961 -8288 • FAX (808) 961 -8742 June 9, 2008 Mr. Jon E. McElvaney Project Manager Inoue- Hawaii Realty Corporation P.O. Box 4338 Hilo, HI 96720 -4338 Dear Mr. McElvaney: Change of Zone Ordinance No. 03 -111 (REZ No. 698) Applicant: Paul Ogasawara Request: Extension of Time to Condition B (complete construction) TMK: 1 -5 -007: 020; Keonopoko Homesteads, Pahoa, Puna, Hawaii We are in receipt of your letter dated April 14, 2008, requesting an extension of time by which to complete construction of the proposed Woodland Center, as required by Condition B of Change of Zone Ordinance No. 03 -111. For the reasons as discussed below, we hereby issue an extension of time until July 9, 2009, by which to complete construction of the Woodland Center project as required by Condition B. In our April 16, 2008 meeting and in your letter, you detail the diligent efforts of the applicant to complete this project that includes the preparation of a traffic impact analysis report, soil reports, project design and engineering and working with prospective tenants of the project. Condition B requires completion of the project on or before July 9, 2008. Final Plan Approval for the gas station and convenience center was issued on January 6, 2005, which completion of the facility in early 2007. Final Plan Approval for the remainder of the Woodland Center complex was issued on March 9, 2007. Condition B states, in part, that "construction of any development on the subject property shall be completed within five (5) years from the effective date of this amendment. In the event substantial construction has occurred, but not completed within the five-year period, the Planning Director may grant an extension of not more than one year." f`I Hawai `i County is an Equal Opportunity Provider and Employer. Mr. Jon E. McElvaney Project Manager Inoue- Hawaii Realty Corporation Page 2 June 9, 2008 Based on the discussion above, we believe that substantial construction and effort has occurred towards the completion of the Woodland Center project and that an extension of one year to complete the project is warranted. Please be informed that I cannot grant any further administrative time extensions. Should such further extensions be required, a written request, accompanied by a $250 filing fee, shall be submitted to this office for consideration by the Planning Commission and the County Council. Please do not hesitate to contact this office should you have any further questions or need for assistance. Sincerely, CHRISTOPHER . YUEN Planning Director DSA:cs P: \wpwin 2008 \LOgasawaraREZ698TECondB.doc xc w /ltr: TMK file (1 -5 -007: 020) DOT 4 -222 PERMIT TO PERFORM WORK UPON STATE HIGHWAYS (HWY -CM r10 /98) Application Date 1 1 0 ' 1 4°,ii -i V i µ. 44 - } , Pursuant to the provisions of Chapter 264, Hawaii Revised Statues as amended, Application is hereby made to perform the followirr work upon the State Highway and at the location(s) specified below and at no other place. 1. Name of Highway , r r # : ar t: „., t A t' ' f ; a . ? • ' ` t f a Route No. /Section ' 2. Locations or limits on said highway ' ) _ ' fl u .!. f , i 4 t _ .' S f t S r i P i f f + 7 i 'A 710 ' 1 . tr T r 1 x e i " f f 4 aF K +� "� ' `f i izk i° s �..� s i Z4 ' !�au.AA) . 3 ¢ 'ss ° i 4 ,.s� 4 •y g. } S S T „*�' - k � a A lax ° ),,!Sts.., 4: +2 f� . t) 4 25 : K? 1 't h 3. work to b e perfor ed: per attached plans approved by -- =- P ` '� k '' a a , ; R V.). date :1 � ; ! • O Access connection O Utility O Drainage Improvement (') Other 2, ,i ' - r " s / ? 3” 7,_ E k f'; d r ,r, - : - r . C U•r r s, c. . *,z t t n 4. Dates between which work will be performed: " " ;� . , , 1 = C to - - `'4 j " r 5. - Ge Notes for Construction s a. All lanes shall be open to traffic during the ,hours from 6 :00 AM to 8:30 AM," during the of 3:00 ;PM to 6:00 PM, an when no work is being done under this permit. Only one lane of traffic shall be closed at any other time unless otherwis( approved in writing by the District Engineer. b. When trenching in pavement areas, safe, non -skid bridging material adequate; to handle all vehicular traffic shall b( placed and securely anchored over the trench. • c. Longitudinal drainage along the shall be Maintained. d. Ductlines shall have 3-feet minimum cover if no other depth is shown .oh-:.the approved .plan. e. No material andlor.equipment shall be stockpiled and /or. stored within the State Highway • right- of - way except at location: approved in writing by the District Engineer or those shown on the approved. plans. - f. All regulatory, guide and construction signs and barricades shall be of high. intensity reflective sheeting. 6. Submittals required - a. Initial and date utility clearances as checked below. Contractor to also. check with all . companies etc. for verificatior of all other utility lines. () Electric Co. O Water Supply (. ),Gas . Co. . () GTE - HAWN () Sewers O "Cable `TV ()AT&T O b. Proof of State Indemnity O Certificate of Insurance .naming the: State :of Hawaii as an additional Insure havin respecttve minimum "coverages for Bodily Injury of Death Per Person; Bodily lnjury or Death Per Accident and Property barrages.. Per Accident:of: () $ 100,000; $ 300,000 $: 50 000 () $ 250,000; $ 500,000 $•• 100000, 3Q day notice of ( $ $ $ cancellation ;to the State. required. ,. ,, 435 _ ;: y '. ' ' a fill tt` ?' P� {v " 4tTM r�l i 3. : () Federal Non Liability Clause (See Item 13 on of the back this permit,") c. $ c . - Fee(Make check payable to the Rept of, Transportation; State of Hawaii) Computed as follows $1.0.00 +'$0.10 x (Quantity in e of first 20 sq yd and/or ll;real feet) _ $10:00 $0....10:* ( ' 4 ' t'! sq yd and /or lineal feet) d. Performance: Bond: ( ?) $ w . : By Bond.No F o,.. r -- r () Letter of Guarantee on file () Waived The applicant hereby agrees that any agreement heretofore made ;or hereafter to be made, and the covenants and conditions, stated or the reverse side hereof shall be binding upon the applicant the:.applicant heirs personal represenfatives, successors;; contractors and assign: The applicant acknowledges that the applicant has read the completed form u nderstands its. provisions ' and agrees to it's, terms and conditions CONTRACTOR: t .. ,. APPLICANT , t kr { ,, f ADDRESS: ppiiean€w.riether mdividuaf fiat, partnership, meof corporafio 80 emm agency, etc,) � y n I .. . u3 * \fir A t ! H F • �! § E�• 1 - - I ' L • i Jr ' " ,,, : , •:'' ' 4,'' ' . ' . g / 7 F .ir 1,. il I -',-''''',;',';'..: ." '; - ' -• . ' - — - - - --- i ' II y il,§ 1 Ii = p " � ' #` to ! .. { C� • -4., ' : • iit V• i ��3 t ‘ I i \- i i t 1- 1 1 I { , 1 _ . .I,�•j I d d . k .jj :c 3 i i� s q r , , Harry Kim Christopher J. Yuen Mayor _' i Director • •, . OFM Brad Kurokawa, ASLA LEED®AP Tourtiv rrf Pafinxii Deputy Director PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 -3043 (808) 961 -8288 • FAX (808) 961 -8742 August 6, 2007 Mr. Jon E. McElvaney Project Co- Coordinator, Woodland Center Inoue Hawaii Realty Corporation 101 Aupuni Street Suite 1001 Hilo, HI 96720 Dear Mr. McElvaney: Change of Zone Ordinance No. 03 111, which amended Ordinance No. 00 128, which amended Ordinance No. 91 116 (REZ 698) Applicant: Paul Ogasawara Request: A -la to CN -20 Subject: Response to Letter Dated June 26, 2007 Tax Map Key: 1 -5 -007: 20 This is sent in response to your letter dated June 26, 2007 requesting information regarding compliance with Chapter 343, HRS, for the above referenced change of zone application. We apologize for the delay in responding. In 1990, the Planning Department received a request for a State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone from Agricultural (A -1 a) to Neighborhood Commercial (CN -20) for the above referenced property. Change of Zone Ordinance No. 91 116 was approved by the Hawaii County Council, effective on December 2, 1991, which reclassified approximately 4.901 acres from an Agricultural (A -la) to a Neighborhood Commercial (CN -20) zoned district. Additionally, there were two amendments to Conditions C and D, resulting in Ordinance No. 00 128 and Ordinance No. 03 111. The applicant submitted a County Environmental Report as part of the Change of Zone request. The original requests and the amendment requests did not trigger the need for an Environmental Assessment (EA) or an Environmental Impact Statement (EIS). Planning Dept. Exhibit 2 Hawai `i County is an Equal Opportunity Provider and Employer AtG Mr. Jon E. McElvaney Project Co- Coordinator, Woodland Center Inoue Hawaii Realty Corporation Page 2 August 6, 2007 If you have any questions or are in need of additional information, please feel free to contact Jeff Darrow at 961 -8288, ext 259. Sincerely, C ' I' T HER J. YUEN Planning Director JWD: smn P: \public \wpwin60 \Jeff\Letters\P C \LMcElvaney- Response -REZ69 8. doc LINDA LINGLE _ ' �...................... BRENNON T. MORIOKA P GOVERNOR F _ _ - _ - %h �!� ; . 9 ` DIRECTOR g r ���{' � *�� • Deputy Directors `Ns. MICHAEL D. FORMBY b FRANCIS PAUL KEENO t ` • -� �-' } `4 Q�' ®rJp•p °' BRIAN H. SEKIGUCHI JIRO A. SUMADA STATE OF HAWAII DEPARTMENT OF TRANSPORTATION HIGHWAYS DIVISION IN REPLY REFER TO: HAWAII DISTRICT HWY -H 10- 2.0083 50 MAKAALA STREET HILO, HAWAII 96720 TELEPHONE: (808) 933 -8866 • FAX: (808) 933 -8869 March 4, 2010 Mr. Jerel Yamamoto Nakamoto, Okamoto & Yamamoto Attorneys At Law, A Law Corporation 187 Kapiolani Street Hilo, Hawaii 96720 Dear Mr. Yamamoto: SUBJECT: Woodland Center - Pahoa, TMK: (3) 1 -5 -07: 20 Old Pahoa Road /Kahakai Boulevard, Project No. S- 0130(9) Based on your representations that no discretionary approvals are required for the Woodland Center development outside the State highway right -of -way, we will not require preparation of an environmental assessment for proposed intersection improvements within the State right -of -way. Should you have any questions regarding this decision, please call me or Mr. Robert Taira at telephone number 933 -8866. Very truly yours, Iv 5 ANLEY M. TAMU' • Hawaii District Engineer cc: County of Hawaii Planning Department Planning Dept. Exhibit __� COUNTY OF HAWAII STATE OF HAWAII BILL NO. 112 ORDINANCE NO. 33 111 AN ORDINANCE AMENDING ORDINANCE NO. 00 128 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL (A -1 a) TO NEIGHBORHOOD COMMERCIAL (CN -20) AT KEONEPOKO, PUNA, HAWAII, COVERED BY TAX MAP KEY 1 -5- 07:20. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: SECTION 1. Ordinance No. 00 128 is amended as follows: "SECTION 1. Section 25 -8 -26, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Keonepoko, Puna, Hawai`i, shall be Neighborhood Commercial (CN -20): Beginning at a point at the southeast corner of this parcel of land and on the northerly side of Kahakai Boulevard, the coordinates of said point of beginning referred to Government Survey Triangulation Station "olaa" being 34,554.85 feet South and 35,137.78 feet East and running by azimuths measured clockwise from true South: 1. 70° 34' 732.05 feet along the northerly side of Kahakai Boulevard to a point at the easterly side of the Keaau -Pahoa Road (F.A.S.P. No. S -0130 (8)) thence along the easterly side of the Keaau -Pahoa Road (F.A.S.P. No. S -0130 (8)) for the next three (3) courses along a curve to the left having a radius of 2,904.79 feet, the chord azimuths and distances being: 2. 152° 15' 29.2" 216.99 feet; 3. 149° 43' 03.4" 40.56 feet; 4. 149° 01' 01.7" 30.47 feet; -1- Planning Dept. Exhibit q 5. 148° 43' 49.91 feet along the easterly side of the Keaau- Pahoa Road (F.A.S.P. No. S0130 (8)); 6. 238° 43' 10.00 feet along a jog in the Keaau -Pahoa Road Project No. RS -0130 (18); thence along the easterly side of the Keaau -Pahoa Road Project No. RS -0130 (18) along a curve to the right having a radius of 180.00 feet, the chord azimuth and distance being: 7. 177° 40' 35" 174.31 feet; thence along the Keaau -Pahoa Road Project No. RS -0130 (18) along a curve to the right having a radius of 39.87 feet, the chord azimuth and distance being: 8. 249° 48' 32" 54.56 feet; thence along the southerly side of the Keaau -Pahoa Road Project No. RS -0130 (18) along a curve to the left having a radius of 1,370.00 feet, the chord azimuth and distance being: 9. 289° 59' 27" 142.96 feet; 10. 287° 00' 353.36 feet along the southerly side of the Keaau- Pahoa Road Project No. RS -0130 (18); 11. 197° 00' 10.00 feet along a jog in the Keaau -Pahoa Road Project No. RS -0130 (18); 12. 287° 00' 298.51 feet along the southerly side of the Keaau- Pahoa Road Project No. RS -0130 (18); thence along the southerly side of the Keaau -Pahoa Road Project No. RS -0130 (18) along a curve to the right having a radius of 1,940.00 feet, the chord azimuth and distance being: 13. 287° 31' 43.5" 35.81 feet; -2- 14. 328° 50' 11.43 feet along a jog in the Keaau -Pahoa Road Project No. RS -0130 (18) to the point of beginning and containing an area of 4.901 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: (A) the applicant, its successors or assigns shall comply with all stated conditions of approval; (B) construction of any development on the subject property shall be completed within five (5) years from the effective date of this amendment. In the event substantial construction has occurred, but not completed within the five -year period, the Planning Director may grant an extension of not more than one year. Prior to commencing construction, Final Plan Approval shall be secured from the Planning Director in accordance with Chapter 25 -2 -72, 25 -2 -73, and 25 -4 -7 of the Zoning Code. Plans shall identify the proposed structures, landscaping, fire protection measures, paved driveway and parking stalls associated with the proposed uses. Landscaping shall be indicated on the plans and be provided for the purpose of mitigating any adverse noise or visual impacts to adjacent properties; (C) curbs, gutters, sidewalk and pavement improvements shall be provided within the Kahakai Boulevard extension right -of -way fronting the property meeting with the approval of the Department of Public Works prior to receipt of a certificate of occupancy for any portion of the development other than the proposed service station and convenience center as described in the Traffic Assessment dated October 21. 2002. Further, a -3- 25 -foot radius shall be provided at the Kahakai Boulevard -Pahoa Road intersection. In order to construct the commercial standard road, utilities shall be relocated, if necessary; (D) access to the property shall meet with the approval of the Department of Public Works. Direct access to the property shall be limited only to the Kahakai Boulevard extension. Improvements at the intersection of Kahakai Boulevard and Pahoa Road, which shall include the provision of left- and right -turn lanes on Kahakai Boulevard extension, and a left -turn lane on Pahoa Road, shall be installed as required by the [Department of Public Works] Department of Transportation prior to receipt of a certificate of occupancy for any portions of the development other than the proposed service station and convenience center as described in the Traffic Assessment dated October 21, 2002; (E) improvements, if any, to the Pahoa By -Pass Road, which may include extending the left -turn storage lane leading to the connector road, shall be installed as required by the State Department of Transportation- Highways Division, prior to receipt of a certificate of occupancy for any portion of the development; (F) a drainage system shall be installed meeting with the approval of the Department of Public Works; (G) should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walks be encountered, work in the immediate area shall cease and the Planning Department shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning -4- Department when it finds that sufficient mitigative measures have been taken; (H) all other laws, rules, regulations and requirements of State and County agencies shall be complied with; (I) should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein may, at the developer's election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; (J) an annual progress report shall be submitted to the PIanning Director prior to the anniversary date of the effective date of this change of zone. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. This condition shall remain in effect until all of the conditions of approval have been complied and the Planning Director acknowledges that further reports are not required; and, (K) [an 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 be foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence; -5- 2) granting of the time extension would not be contrary to the general plan or zoning code; 3) granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; 4) the time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year); and 5)] if the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation." SECTION 2. Material to be deleted is bracketed. New material is underscored. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: � C cd l;e4/ CIL MEMBER, COUNTY OF HAWAI`I Hilo Hawai`i Date of Introduction: June 18, 2003 Date of 1st Reading: June 18, 2003 Date of 2nd Reading: July 2, 2003 Effective Date: July 9 , 2003 hLr rRENC,Ea Comfit': 251 -6- FOR REFERENCE ONLY ...,_ _ -i=,..„....... _ _ -------- .. P"-1--, ■;:, CI f.. oe•A-.i . I 0 I. - 0 1 l 7 . A 5ct V ....'" 0 41. %:',.'"-------------------------- ----- - . e . tit--r .1 , 'aW.11717171% . t • y c,;aNt - ie' Pn r.,- .. f .. , ../.... _ .. 0 - . .e. I ...,1,.. . . . . . ,----------1 A l e. . . . • , • .,•.• _ ' '...,,'. AEIRIcuuTur-Rdott_ (x1/4-10) TO NEISHE30MHIC5ColD C 0 WI Ng Er4C1 iet L.., ( 4 - , _---- ‘ , --- . Pt 11R Eolth ": 4.. e• I AVC 'E 5 ----- \ . • . - - ' . - ..., 1 ow 1 I 1 - , s • . •. • . , . , la la - - T ••■ C,^132 . .... tcri:N1 NOW •a'F'NFNIJ rC• A la , . . . . ' . .. . I 1 :-: WI. .. i .... - , .1 . : . AMENDMENT TO THE ZONING CODE • : . • Aavier.440tNIG Tforq . 7.2.-107 (pAto-fe" ze)NE r i g.,1---rict_e ,, cfriptic -,-2 (2.01-40-40 corpm) cF Me' H,AtyNAll Co 1...m.rr - , e'..,f0F:-_ sy CHAN011 - n---te! ... 0 t.z5-1-- r•R 1 cr cl...."--- is F- i c ( c 1 rw NI ASR1CULMULs. t !I () To NEIGHocr?Ho.et c, (CN i :,==:), : . r' :c-z "": r - 1 q-.I--. 'f,,I - . ; , , 's 7 ,:riC-r -- e r-r1 i"-^". --rr A . RECEIVtIA • OFFICE OF THE COUNTY CLERK tlms m:- gy.. County of Hawaii Doti Hilo . Hawaii county Council ROLL CALI, VOTE Introduced By: Bobby Jean Leithead —Todd AYES NOES ABS EX Date Introduced: June 18 , 2003 Arakaki X First Reading: June 18, 2003 Chung X Published: iv /A Elarionoff X Holschuh X REMARKS: Jacobson X Leithead -Todd X Reynolds X Safarik X Tyler X 7 0 2 0 Second Reading: July 2, 2003 ROLL CALL VOTE To Mayor: July 8, 2003 AYES NOES ABS EX Returned: July 9, 2003 Arakaki 1+ 11 Effective: July 9 , 2003 Chung Published: July 20, 2003 Elarionoff 1L Holschuh x REMARKS: Jacobson x Leithead -Todd X Reynolds X Safarik X Tyler y 5 1 3 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by e County Council published as indicated above. 4 / ��W APPROVED AS TO /� � FARM AND LEGALITY: t J \ C'OUNC'IL CHAIRMAN DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII C'(OUNTY CLERK Date �,�l�� Bill No.: 112 f1� Reference: C- 251/PC -43 pprove Disapproved this day Ord No.: 03 111 oJ' J , 20 03 . MAYOCOUNTY OF HAWAII • William P. Kenoi ®" � s ` • ' <, BJ Leithead Todd Mayor = \ � il .r ' S'i� ; Acting Depu�}.� Planning Director m 11 r4 /.` o „ Tg GF _N' County of Hawaii PLANNING DEPARTMENT Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961 -8288 • Fax (808) 961 -8742 February 5, 2009 Engineering Partners, Inc. 455 E. Lanikaula Street Hilo, Hawaii 96720 Dear: Mr. Yang Wen Fang FINAL PLAN APPROVAL (PLA -08- 000481) "Woodland Center" (Long's Drugs, Burger King & KFC Complexes) TMK: 1 -5- 007:020; Keonepoko Homesteads, Pahoa, Puna, Hawaii We have reviewed the above - described plans for the establishment of the proposed "Woodland Center" pursuant to FINAL PLAN APPROVAL. Enclosed is a copy of the FINAL PLAN APPROVAL for your files. We apologize for the delay in processing your submittal. Please be aware of the conditions of approval that are part of this FINAL PLAN APPROVAL for the subject improvements. These conditions, which are listed on page 2 of the FINAL PLAN APPROVAL document, must be complied with prior to the establishment and occupancy of the retail /commercial /restaurant complex. Should you have any questions, please feel welcome to contact Larry Nakayama or Daryn Arai of this Department. Sincerely, -4 4, BJ LEIT EAD TODD (� Acting Deputy Planning Director Planning Dept. LHN:jlh Exhibit 5 • O:\Plan Approvals\ 1 \PLA-08-000481 WoodlandCenter15007020Letter.doc Encl: PLA -08- 000481... form.doc xc: Planning Commission Division (REZ 698, SLU 794) Hawai `i County is an Equal Opportunity Provider and Employer trd COUNTY PLANNING DEPARTMENT FINAL PLAN APPROVAL (PLA -08- 000481) APPLICANT: DATE APPROVED: Engineering Partners, Inc. February 5, 2009 LOCATION: TAX MAP KEY: Keonepoko Homesteads, Pahoa, Puna 1 -5- 007:020 PARCEL AREA / PROJECT SITE AREA: ZONING: 4.901 acres/ ±4 acres Commercial Neighborhood — 20,000 Sq. Ft. (CN -20) PROPOSED USE: "Woodland Center" (Proposed Long's Drugs, Burger King & KFC) As Shown on Plan Comments Front Yard (Pahoa Bypass Road) >30' (varies) OK, 15' -0" Minimum required Front Yard (Pahoa Village Road) >70' OK, 15' -0" Minimum required Front Yard (Kahakai Boulevard) >80' OK, 15' -0" Minimum required Side Yard N/A N/A Ht. of Structure 32' -8" OK, 40' -0" Maximum allowed Access to parking Three 24' wide paved accesses OK, Must meet with the requirements of the from Kahakai Boulevard Department of Public Works (DPW). Off - Street Parking 147 spaces, 6 of which are OK, 34.444 sq.ft. gross floor area / 300 = 115 ADA accessible (4 ADA van - accessible). (114.813) spaces req'd., 5 ADA accessible space req'd. (includes 3 ADA van - accessible) (see conditions 1 & 2) Loading and Unloading Parking 3 total, 2 @ 10' x 22'and OK, 30,001 to 40,000 sq.ft. = 4 req'd. Section 1 @a, 12' x 70'. 25- 4 -57(c) allows a reduction up to 50 %. Density N/A Fencing and Walls: None proposed OK Material Height Location Landscaping Prepared by Leonard T. Bisel, OK, Complies with PD Rule 17 (see condition 3) Licensed Professional Landscape Architect. Final Plan Approval (TMK: 1 -5- 007:020) February 5, 2009 Page 2 of 2 Others Tax Clearance; REZ 698, SLU 794 OK, Dated November 21, 2008; Complies Drainage Study OK. Approved October 29, 2008 (See Attached Letter from DPW). Business Signage Subject to DPW requirements. Conditions of Approval: 1. Approved parking to be paved and striped and appropriate signage installed prior to the issuance of the Certificate of Occupancy. 2. Provide an accessible pathway, from accessible stalls to the entrances of all tenant spaces, with a slope not to exceed 2% in accordance with Section 25 -4 -55 of Chapter 25, Hawai'i County Code. 3. Approved landscaping shall be installed in good condition prior to the issuance of the Certificate of Occupancy and shall be maintained in good health and with no accumulation of plant debris or litter thereafter. 3. Applicant, its successors or assigns shall comply with all stated conditions of approval of Change of Zone Ordinance No. 03 -111 and any amendments thereof, including, but not necessarily limited to, improvements as required by the DPW, DWS and DOT, prior to the issuance of the Certificate of Occupancy. 4. Provide curb, gutter, sidewalk and pavement improvements along the Kahakai Boulevard extension right -of- way fronting the subject property in a manner meeting with the approval of the Department of Public Works prior to the issuance of a certificate of occupancy for anyportion of the proposed development, as required by Condition C of Ordinance No. 03 -111. 5. The applicant shall ensure that extra measures will be taken to prevent any signage, banners & advertisement that might be in full view from the Keaau -Pahoa By Pass Road. 6. Applicant shall com.1 with all other a..licable laws rules re _ulations and re. uirements of Hawaii County. OCao0 r Acting Deputy Planning Director Date: February 5, 2009. O:\Plan Approvals 1\ pLA -08- 000481 WoodlandCenter15007020form.doc ' r wn , o.o axw=omn= r le OZO L00 - S - 1 (L) 'WW1 VN'1 V A38 �/ A38 o itsc -cis Nos) 11113 G ` i IIVMVH 'IIVMVH 10 ONV151 'YNfld "SOISNIH 0N0d3NO3N 032 D V S 030 o oosc - irs (Bog) , =.0,1d '0' _ ; 'tfa '7 �y��� 030 BOOL '038113A00 3100 , 651b Od siaaui6u36u,�1�nauoJ b 3^ - && g i . /430 CJI\Y M1 OOM o Z 'OQ i Q uura.. j'6i ,IISil.iaII� ' 3 r " i 4 g ,IM 6 0000 -zLos N'did 3.11S .w 601 NVId 1N3I0d013A30 3115 0 350d08 ON aor '^ / !,___ 1 p / N 1 1�N il a° - Z ccG / ' c JUco Y _ G / I cco 0I 0 11 -0 1-Z 8 . / z a 9g 8 e as ; 54 ; ;0 / / a . x o c, 1 G Y G / h / h . tie -� r I A IIIW 'til u_ .ore, — A, o t �P d F,. \. v.. •311Mi•11 5 Q °0 l 0, r 6 Q s` p I 1 e 11 ,..' 4111V O Q' 4, . 2 , Ir al n All .n O. • .. � e R o ;iJ3 • • TTT ® 00 ` � 44 p 0 O ; ' ri 1 1 1 1 I I IM • u `. d� I 1 EN E I. ® �� _ _ _ —�H � 4 .„.,,4%,,„, ., / (5--- .., 71 /7 ,; F' a 4 # # 6- d'''' -e f IF, • U ©v z Aar_ _ _ O ■ ..... ______-- \ --95 i Q� DF OD � �tWi - 151'}}'27' `.. 28 1 .(ri__ '1 \\ 49 9 1 � O A __0 /-7 / _ iii pE WATER S 1 49g • DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII o Gy r �oF HAwp�� ?PP 3 4 5 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961 -8050 • FAX (808) 961 -8657 June 16, 2010 TO Ms. BJ Leithead -Todd, Planning Director Planning Department »» FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE (REZ 698) is" • APPLICANT — HNMP, LLC (PAUL OGASAWARA, MANAGER) _ . REQUEST: FIVE -YEAR TIME EXTENSION TO COMPLY WITH CONDITION B (COMPLETE CONSTRUCTION) OF CHANGE OF ZONE ORDINANCE NO. 03-111 TAX MAP KEY 1 -5- 007:020 We have reviewed the subject request and have no objection to the requested 5 -year time extension as the applicant has completed the necessary water system improvements for the development. Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning Branch at 961 -8070, extension 255. Si • er: y yours, ■ ill. D. Pavao, P.E. I an. _er FM:dfg copy — HNMP, LLC Inoue Hawaii Realty Corporation Planning Dept. SCA I Exhibit L_ ' �i 4 � __ . � . „Water, Our Jvfost Precious Resource ... 7Nai pane .. . Tha hanartmant of Water Sunnlv is an Eaual Opportunity Provider and employer DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII H I LO, HAWAII DATE: June 9, 2010 Nefianelfeetaiit. TO: BJ Leithead Todd, Planning Director FROM: Department of Public Works orks SUBJECT: CHANGE OF ZONE (REZ 698) Applicant: HNMP, LLC (Paul Ogasawara, Manager) Request: Five -Year Time Extension to Comply with Condition B (Complete Construction) of Change of Zone Ordinance 03 -111 Tax Map Key: 1 -5 -07: 020 We have reviewed the subject request forwarded by your memo dated May 12, 2010 and offer the following comments for your consideration. The State DOT and the DPW are concerned about the anticipated heavy volume of traffic in and out of the Kahakai Boulevard due to the Woodland Center project. Therefore, we recommend the applicant construct a connection (right in, right out) between Kahakai Boulevard and the Pahoa Bypass Highway meeting the approval of the State DOT and the DPW within a specified time constraint. Questions may be referred to Kelly Gomes at ext. 8327. JUN 7010 Planning Dept. By:1 7 3 Exhibit "] LLC County of Hawaii is an Equal Opportunity Provider and Employer 4 �J otY QF k 4, William P. Kenoi ` * i` ,� t Lono A.Tyson Mayor 3 -�e�+t Director William T. Takaba � rE o F• Mi '' y 1 : „pv � M. Torigoe • Managing Director r •F 1 $puts Director iinxtfu. of inat DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawai i 96720 (808) 961 - 8083 Fax (808) 961 -8086 http: / /co.hawaii.hi.us /directory /dir envmng.htm MEMORANDUM Date : May 13, 2010 To BJ LEITHEAD TODD, Planning Director From : LONO A. TYSON, Director r- Subject: Change of Zone (REZ 698) App scant: GMP, LLC (Paul Ogasawara, Manager) Request: Five Year Time Extension to Comply with Condition B (Complete Construction) of Change of Zone Ordinance No. 03 -111 TMK: 1- 5-7:20 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: RzCC (Z, Cpitt,,W WASTEWATER COMMENTS: (Contact Wastewater Division for details.) ( No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21 -5 of the Hawai'i 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. ( ) If required by the Director of the Department of Environmental Management ( "Director of DEM "), applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. ( ) Other: SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.) ( ) No comments (;4) Commercial operations, State and Federal agencies, religious entities and non - profit organizations may not use transfer stations for disposal. (4r) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. (A/ ) Ample and equal room should be provided for rubbish and recycling. () Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. ( _;) Construction and demolition waste is prohibited at all County Transfer Stations. (-°<" Submit Solid Waste Management Plan in accordance with attached C guidelines. am ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: Planning Dept. c C cc: SWD, Exhibit 8 , 12628 ' i e # z! County of Hawaii is an Equal Opportunity Provider and Employer _' •••O,r 0i k y.',. �.'� % /�' William P. Kenoi % *'� r .:• % Lono A. Tyson Mayor Director 4I ; r;•�►`�•' Ivan Torigoe E of M� Deputy Director GlinfU ii fil DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawa► i 96720 (808) 961 -8083 • Fax (808) 961 -8086 http: / /co.hawaii.hi.us /directory/dir envmng.htm February 12, 2009 SOLID WASTE MANAGEMENT PLAN Guidelines INTENT AND PURPOSE This is to establish guidelines for reviewing solid waste management plans, for which special conditions are placed on developments. The solid waste management plan will be used to: (1) promotes and implement recycling and recycling programs, (2) predict the waste generated by the proposed development to anticipate the loading on County solid waste management facilities, and (3) predict the additional vehicular traffic being generated because of waste and recycling transfers. A qualified consultant shall prepare a suitable solid waste management plan for review by the Department of Environmental Management. REPORT The Solid Waste Management Plan will contain the following: 1. Description of the project and the potential waste it may be generating: i.e. analysis of anticipated waste volume and composition. This includes waste generated during the construction and operational or maintenance phases. Waste types shall include (but not be limited to): A. Organics (including food waste and green wastes); B. Construction and Demolition; C. Paper (including cardboard); D. Metal (including ferrous and non - ferrous metals); E. Plastic; F. Special (including ash, sludge, treated medical, bulky items, tires); G. Household Hazardous (including paint, vehicle fluids, oil, batteries); and H. Glass. 2. Indicate onsite source separation facilities by waste type; i.e. source separation bins of glass, metal, plastic, cardboard, aluminum, etc. Provide ample and equal space for rubbish and recycling. 3. Identification and location of the proposed waste reduction, waste re -use, recycling facility or disposal site and associated transportation methods for the various components of the development's waste management system, including the number of County of Hawaii is an Equal Opportunity Provider and Employer. • • Solid Waste Managemeh, Plan Guidelines Page 2 of 2 vehicle movements and associated routes that will be used to transport the waste and recycled materials. 4. The report will include identification of any impacts to County- operated waste management facilities, and the appropriate mitigation measures that will be implemented by the development to minimize these impacts. 5. Analysis will be based on the highest potential use or zoning of the development. REQUIREMENTS AND CONDITIONS 1. A solid waste management plan will be prepared for all commercial developments, as defined under the policies of the Department of Environmental Management, Solid Waste Division. 2. The Department of Environmental Management will require the developer to provide or resolve all recommendations and mitigation measures as outlined in the solid waste management plan; besides any conditions placed on the applicant herein. 3. A State of Hawaii licensed engineer will draft and certify in writing the solid waste management plan as complying with applicable Federal, State and County of Hawai'i solid waste laws, regulations, and administrative rules. Should you require additional information, please contact Michael Dworsky, P.E., Solid Waste Division Chief at 808 - 961 -8515. CONCUR: A.I Lono A. Tyson DIRECTOR County of Hawai' i is an Equal Opportunity Provider and Employer. ,1 n SOLID WASTE DIVISION „-(% of 4 4^: DEPARTMENT OF ENVIRONMENTAL MANAGEMENT d�c • — — COUNTY OF HAWAII - 108 RAILROAD AVENUE - HILO, HI 96720 0 ra HILO (808) 961 -8514 WAIMEA (808) 887 -3018 KONA (808) 327 -3507 et °'� 45 OF N Fax: 961 -8553 887 -3025 327 -3506 �vf `ttie? June 10, 2010 Yen Wen Fang, P.E. Principal Engineering Partners, Inc P.O. Box 4159 Hilo, HI 96720 Subject: Proposed Site Development for Woodland Center TMK: 1 -5- 007:020 Dear Yen Wen Fang, On behalf of the County of Hawaii, Department of Environmental Management, we take no exception to the Solid Waste Management Plan submitted June 9, 2010. Should you have any questions or require additional information, please contact me at (808) 961 -8515. Sincere) , Michael Dworsky, P.E. Chief, Solid Waste Division cc: Bobby Jean Leithead Todd, Director, County of Hawaii Planning Department File - SWM plans, Solid Waste Division Planning Dept. Exhibit 3#0"8 1 8 Hawai`i County is an equal opportunity provider and employer. William P Kenoi i t „% : ��, ,0 * Harry S. Kubojiri Mayor_ -_ _ = Police Chief •!•'�: w: roa:'et Paul K. Ferreira Deputy Police Chief County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • Hilo, Hawaii 96720 -3998 (808) 935-3311 • Fax (808) 961 -8865 May 20, 2010 TO : BJ HEAD To DD, PLANNING DIRECTOR FROM EREK D. PACHECO ASSISTA ” 'OLICE CHIEF AREA I OPERATIONS SUBJECT: CHANGE OF ZONE REQUEST (REZ 698) APPLICANT: HNMP, LLC (PAUL OGASAWARA, MANAGER) REQUEST: FIVE -YEAR TIME EXTENSION TO COMPLY WITH CONDITION B (COMPLETE CONSTRUCTION) OF CHANGE OF ZONE ORDINANCE NO. 03 -111; TAX MAP KEY: 1 -5 -7:20 Staff, upon reviewing the provided documents associated with the requested Five -Year Time Extension, 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 r FJ oe3611.._ . Planning Dept• Exhibit .. JP .., . "Hawai'i County is an Equal Opportunity Provider and Employer" y s,_ 1939 91 LINDA LINGLE t 1 fr BRENNON T. MORIOKA GOVERNOR j DIRECTOR Deputy Directors MICHAEL D. FORMBY FRANCIS PAUL KEENO H. STATE OF HAWAII BR J I IROASUMADA HI DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET IN REPLY REFER TO: HONOLULU, HAWAII 96813 -5097 HWY -PS 2.5860 June 22, 2010 Ms. BJ Leithead Todd Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Ms. Leithead Todd: Subject: Change of Zone (REZ 698) Applicant: HNMP, LLC (Paul Ogaawara, Manager Request: Five -Year Time Extension to Comply with Condition B (Complete Construction) of Change of Zone Ordinance No. 03 -111 Location: Hawaii, Puna District, Pahoa, TMK: (3) 9-2-4:06 1- 5 - : -2_o Thank you for the opportunity to review the proposed five -year time extension for the subject project, Woodland Center, which will add a Longs Drugs, Burger King, and Kentucky Fried Chicken (KFC) to the existing service station and convenience store. We have the following comments: 1. We understand that the applicant was unable to complete all construction of the project and associated road improvements by July 9, 2009, when the one -year time extension expired. 2. The applicant's representatives have worked closely with us in attempts to provide highway improvements to mitigate the traffic impacts of the Woodland Center project. 3. We recently held meetings with staff from the County Department of Public Works and the Planning Department and with the applicant and the applicant's representatives to resolve some remaining traffic issues. Planning Dept. Exhibit Ms. BJ Leithead Todd HWY -PS June 22, 2010 2.5860 Page 2 4. Our Keaau -Pahoa Road Improvement project will improve traffic flow and safety on State Route 130 from Keaau to Pahoa, including the road segment adjacent to Woodland Center. However, the project is still in the planning stage, with completion of construction projected from 2017 to 2020. 5. To address present concerns regarding traffic circulation and safety in the vicinity of Woodland Center, the applicant has agreed to provide additional improvements that can be quickly implemented, as follows: The applicant will provide access improvements to southeast bound Route 130 from Pahoa Village Road to Kahakai Boulevard by constructing an auxiliary lane that includes right - in/right -out access onto Highway 130 to improve safety and traffic circulation. As all work will be done within the existing State and County rights -of -way, design and construction should be completed quickly. 6. Existing authority to require the applicant to provide the intersection improvements on Route 130 is found in Condition E of both Ordinances 00 128 and 03 111, which states, "improvements, if any, to the Pahoa By -Pass Road, which may include extending the left -turn storage lane leading to the connector road, shall be installed as required by the State Department of Transportation- Highways Division, prior to receipt of a certificate of occupancy for any portion of the development." 7. The applicant and DOT agreed last week on reopening access from Kahakai Boulevard to Route 130. It would be almost impossible for the applicant to install the improvements prior to the projected time of receipt of a certificate of occupancy for any portion of the development. Recognizing that the applicant will fund the entire access improvements to solve a pre - existing traffic concern, we prefer to allow the Woodland project to open as planned with a completion date for the Route 130 improvements by January 2011. We recommend that the County impose the following conditions of approval for the five -year time extension: 1. Improvements to Route 130 shall include reconnecting Kahakai Boulevard to the southeast -bound Route 130 with a right - turn -in, right -turn -out configuration and providing a dual - purpose auxiliary lane on southeast -bound Route 130 from Pahoa Village Road to Kahakai Boulevard. This dual purpose auxiliary lane will be an acceleration lane for vehicles turning right on Route 130 from Pahoa Village Road, a merge lane for vehicles traveling past Kahakai Boulevard, and a deceleration lane for vehicles turning right into the reopened Kahakai Boulevard. The right -turn -out from Kahakai Boulevard shall be a channelized acceleration lane with a paved striped island. Ms. BJ Leithead Todd HWY -PS June 22, 2010 2.5860 Page 3 2. All improvements within the State highway right -of -way must be planned, designed and constructed to AASHTO standards and current State requirements and provided at no cost to the State. 3. Amend Condition E of Ordinance 03 111 to read as follows: "improvements, if any, to the Pahoa By -Pass Road, which may include extending the left-turn storage lane leading to the connector road, shall be installed as required by the State Department of Transportation- Highways Division, [prior to receipt of a certificate of occupancy for any portion of the development] by January 2011." If you have any questions, please contact Ken Tatsuguchi, Head Planning Engineer, Highways Division, (808) 587 -1830. ` Ve trul yours, BRENNON T. MORIOKA, Ph.D, P.E. Director of Transportation RHNM PAmend. doc- 6/24/ 10 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION HNMP, LLC (PAUL OGASAWARA, MANAGER) CHANGE OF ZONE ORDINANCE NO. 03 111 AMENDMENT TO CONDITION B Upon review of the request, the Planning Director recommends that a favorable recommendation to amend Condition B (Completion of Construction) of Ordinance No. 03 111 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. This favorable recommendation is based on the following findings: The applicant requests a five (5) -year time extension to Condition B (Completion of Construction) of Ordinance No. 03 111. Condition B states: "Construction of any development on the subject property shall be completed within five (5) years from the effective date of this amendment. In the event substantial construction has occurred, but not completed within the five -year period, the Planning Director may grant an extension of not more than one year. Prior to commencing construction, Final Plan Approval shall be secured from the Planning Director in accordance with Chapter 25 -2 -72, 25 -2 -73, and 25 -4 -7 of the Zoning Code......" This condition required that construction be completed by July 9, 2008. In 2008, a one -year administrative time extension to July 9, 2009 was granted. Since 2008 the applicant secured plan approval and building permits and began construction of the Woodland Center project, which include a Longs Drugs store and KFC and Burger King restaurants. According to the applicant, construction of the Woodland Center is 75% complete and the parking lot has been paved for the project. The non - performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant(s), successors or assigns, and are not the result of their fault or negligence. The applicant states "Review and approval -1- of plan designs and off -site improvements plans took unusually long to complete and 1 numerous changes and conditions were sought by approving agencies. Due to the time involved in getting necessary approvals and permits, the construction of all improvements could not be completed by July 9, 2009." For example, conditions of the change of zone ordinance required that the applicant construct improvements within the State and County road right -of -ways. On April 6, 2010 the Department of Transportation granted conditional approval to allow the applicant to construct off -site improvements within the State road right -of -ways. Granting of the time extension would not be contrary to the General Plan or Zoning Code. The General Plan LUPAG Map designation has not changed since the property was originally rezoned in 1991. The request continues to be consistent with the Urban Expansion designation which allows for a mix of high density, medium density, low density, industrial, industrial - commercial and /or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. According to the Puna Community Development Plan, which was adopted through ordinance on September 10, 2008, the 4.901 -acre property is situated within a portion of the Pahoa Regional Town Center that is specifically intended for regional uses and services. The proposed uses are consistent with the Puna CDP, as similar restaurants and retail establishments (Longs Drugs, Burger King, KFC) are likewise located in the regional town centers of Hilo and Kea'au. The property is Neighborhood Commercial — 20,000 square feet (CN -20), which allows for commercial activities such as a compact shopping center which supplies goods and services to a residential or working population on a frequent need or convenience basis. The proposed retail establishment, restaurants, convenience store and automotive service station are permitted uses within the CN zoning district. Thus, the request continues to be consistent with the Zoning Code. The Department of Transportation (DOT), in consultation with the County and applicant, has identified additional roadway improvements that are needed to address concerns regarding traffic circulation and safety in the vicinity of the Woodland Center -2- project. DOT recommends reconnecting the Kahakai Boulevard intersection at Highway 130 to allow right -turn in and right -turn out movements only, as well as a dual - purpose auxiliary lane beginning at Pahoa Village Road and ending at Kahakai Blvd to serve as an acceleration for vehicles turning right onto Hwy 130 from Pahoa Village Road, a merge lane for vehicles traveling southbound past Kahakai Blvd, and a deceleration lane for vehicles turning right into the reopened Kahakai Blvd. An acceleration lane with a paved striped island is also recommended for vehicles turning right out of Kahakai Blvd onto southbound Hwy 130. The Planning Department and Department of Public Works concurs with the need for these roadway improvements. Thus, Condition E has been modified to reflect these recommendations. Additionally, since the applicant has already secured final plan approval for the proposed development, this requirement has been removed from Condition B. Compliance with all other conditions of Ordinance No. 03 111 is still required. Based on the above findings, the proposed amendment to Condition B of Ordinance No. 03 111 is not contrary to the original reasons for approving the Change of Zone. It is recommended that a favorable recommendation be forwarded to the County Council with the following changes (material to be deleted is bracketed and struck through; material to be added is underscored): -3- COUNTY OF HAWAII'!_• STATE OF HAWAII BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 03 111, WHICH AMENDED ORDINANCE NO. 00 128, WHICH AMENDED ORDINANCE NO. 91 -116, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL — 1 ACRE (A -1 a) TO NEIGHBORHOOD COMMERCIAL — 20,000 SQUARE FEET (CN -20) AT KEONEPOKO, PUNA, HAWAII, COVERED BY TAX MAP KEY 1 -5- 007:020. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 03 111 is amended as follows: "SECTION 1. Section 25 -8 -26, 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 Keonepoko, Puna, Hawai`i, shall be Neighborhood Commercial — 20,000 square feet (CN -20): SECTION 2. [This changc in district classification is conditioned upon the ( "^wing:] In accordance with Section 25 -2 -44, Hawaii County Code 1983 (2005 Edition) the County Council finds the following conditions are: LU Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or Fulfillment of the need for public service demands created by the proposed use. -1- SEE ATTACHED CONDITIONS SECTION 2. Material to be deleted is bracketed and stricken. New material is underscored. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI`I Hilo, Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- CHNMPAmendREZ698.doc -6/23/ 10 HNMP, LLC (PAUL OGASAWARA, MANAGER) AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 03 111 (REZ 698) AMENDED CONDITIONS OF APPROVAL 1 (A) the applicant, its successors or assigns shall comply with all stated conditions of approval; (B) construction of any development on the subject property shall be completed within five (5) years from the effective date of this amendment. [In -the event substantial construction has occurred, but not c— i— within the five year period, the Planning - - • • - an extension of net mere than one year. Prior to commencing .. - - - . . .. . - . . •: .. - - - - - • . . - . • . . . . impacts to adjacent properties]; (C) curbs, gutters, sidewalk and pavement improvements shall be provided within the Kahakai Boulevard extension right -of -way fronting the property meeting with the approval of the Department of Public Works prior to receipt of a certificate of occupancy for any portion of the development other than the proposed service station and convenience center as described in the Traffic Assessment dated October 21, 2002. Further, a 25 -foot radius shall be provided at the Kahakai Boulevard -Pahoa Road intersection. In order to construct the commercial standard road, utilities shall be relocated, if necessary; (D) access to the property shall meet with the approval of the Department of Public Works. Direct access to the property shall be limited only to the Kahakai Boulevard extension. Improvements at the intersection of Kahakai Boulevard and Pahoa Road, which shall include the provision of left- and right -turn lanes on Kahakai Boulevard extension, and a left -turn lane on Pahoa Road, shall be installed as required by the Department of Transportation prior to receipt of a certificate of occupancy for any portions of the development other than the proposed service station and convenience center as described in the Traffic Assessment dated October 21, 2002; (E) improvements, if any, to the Pahoa By -Pass Road, which may include extending the left - turn storage lane leading to the connector road, shall be installed as required by the State { Department of Transportation- Highways Division, [pr-ior to receipt of a certificate of • ... . - development] by January 2011. The applicant shall construct improvements required by the Department of Transportation to reconnect Kahakai Boulevard with Highway 130 to provide right -turn in and right -turn out movements, including but not limited to, acceleration and deceleration lanes and a paved striped island to prevent left -turns; (F) a drainage system shall be installed meeting with the approval of the Department of Public Works; (G) should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walks be encountered, work in the immediate area shall cease and the Planning Department shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken; (H) all other laws, rules, regulations and requirements of State and County agencies shall be complied with; (I) should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein may, at the developer's election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; (J) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of this change of zone. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. This condition shall remain in effect until all of the conditions of approval have been complied and the Planning Director acknowledges that further reports are not required; and, (K) if the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely -2- fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation. -3- iiwk F,_5q 0-9 REZ 698 HNMP, LLC ` � c� U ,, / ��� FOR REFERENCE ONLY A -5 \ Sc �t T�Y A-5.1 •� o o7 .. x < m, , to 3 i �f A -5 a Y �V A-5 0 1 O A 5 ea D Q l- --roreP1-' J' A-5q G P,r„1 0 3 9154 - /5,13778 E A 5a / "OLAA' 6 A 5a ' ', nn K A -fa C� A :a A 1a AGRICULTURAL. (A -10) 0 • TO NEIGHBORHOOD • COMMEnCIAL CON--2-0) • AREA = 4 -901 ACRE S 0 A -la l pAHOA --1.- to A �10 i• "., A BOA = r KS PPU A to A -1 a . 0111 s_ A-la .------------ .4 CI A - - a o a AMENDMENT TO THE ZONING CODE AMENDING SECTION 25 -107 (PAHOA ZONE MA1°) ARTICLE 3, CHA•TER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE By CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A -1a) TO NEIGHISORHOO• COMMERCIAL (CN-2o) AT KEONI r oKo, PUNA, t- -IAWA11- 1'REPATR1 =D BY : PLANNING 17ePATR.Trvi — 1` - r COUNT c>t= HAW A11 `T"h-1K = 1 -5 - z 20 AUG- 22, t EXHIBIT " cr<RNE I-1 fro ANC sofvs t✓N- 1'-Mprzf =s� 4 7) (4 vx I e"--. C (f) , IA v►n 1 SS 1 1181ft TRAFFIC IMPACT ANALYSIS REPORT WITH TRAFFIC SIGNAL WARRANT STUDY for Woodland Center Prepared for: Mr. Paul Ogasawara " V Prepared By SSFM INTERNATIONAL, INC. Project Managers, Planners, & Engineers 99 Aupuni Street, Suite 202 Hilo, Hawai`i 96720 Phone: (808) 933 -2727 Fax: (866) 887 -8885 December 2008 Email: contact_us@ssfm.com I N T E R N A T I O N A L TRAFFIC IMPACT ANALYSIS REPORT WITH TRAFFIC SIGNAL WARRANT STUDY FOR Woodland Center PAROA, HAWAN December 2008 PREPARED FOR: Mr. Paul Ogasawara c/o Inoue Hawaii Reality Corporation 101 Aupuni Street, Suite 1001 Hilo, HI 96720 PREPARED BY: NEM - INTERNATIONAL ------ SSFM International Inc. 99 Aupuni Street, Suite 202 11110, Hawaii 96720 This work was prepared by 0 ,,P, 1 4(.41* tooOe me or under my supervision 0 , 4 ,1 * f P ;" SIONA • 0 r , GiNEE ( 5 Expires: .,„,,,,,,,'0. 123174 i 00 .0? 1, , ., c...- Rog D. Dyar Licensed Professional Engineer i Certificate Number 12317-C April 2010 a 44 b 9 ' 1 Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center TABLE OF CONTENTS SECTION PAGE I. SITE DESCRIPTION 1 II. STUDY METHODOLOGY 6 III. EXISTING CONDITIONS 8 A. ROADWAYS 8 B. ORDINANCES AND MITIGATION 9 C. TRAFFIC VOLUMES 10 D. SIGHT DISTANCE AT INTERSECTION OF OLD KEA'AU-PAHOA ROAD AT OLD KEA`AU- PAHOA ROAD SPUR 10 E. PEDESTRIAN AND BICYCLE NEEDS 13 IV. TRAFFIC FORECASTS 18 A. BACKGROUND TRAFFIC FORECAST 18 B. PROJECT GENERATED TRAFFIC 21 C. TRAFFIC ADDED OR DIVERTED IN STREET NETWORK 25 D. TRAFFIC VOLUMES WITH PROJECT IN PLACE IN 2012 26 V. ANALYSIS OF FUTURE CONDITIONS 27 A. LEVEL OF SERVICE ANALYSIS 27 B. ROAD DESIGN CONSIDERATIONS 29 C. TRAFFIC SIGNAL WARRANTS 33 D. RECOMMENDATIONS 37 APPENDICES APPENDIX APPENDIX A Traffic Count Data APPENDIX B Trip Generation APPENDIX C Existing and Predicted Traffic Volumes APPENDIX D Wintass Information APPENDIX E Synchro Total APPENDIX F Traffic Signal Warrants from MUTCD APPENDIX G Warrant Study Information APPENDIX H County ofHawai`i Ordinances No. 00 -128 and No. 03 -111 SSFM International, Inc. -i- December 2008 Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center LIST OF FIGURES FIGURE PAGE Figure 1 Project Location Map 2 Figure 2 Study Area for Traffic Impact Map 3 Figure 3 Conceptual Site Plan 5 Figure 4 Sight Distance 11 Figure 5 Morning and Afternoon Peak Hour Traffic Volumes 14 Figure 6 Levels of Service for Existing Conditions for A.M. and P.M. Peak Hours 17 Figure 7 Future Year 2012 Peak Hour Traffic Volumes Without the Woodland Center Project 19 Figure 8 Trip Distribution for A.M. and P.M. Peak Hours 24 Figure 9 Added Volumes at Full Buildout in A.M. and P.M. Peak Hours 25 Figure 10 Future 2012 Traffic Volumes at Full Buildout for A.M. and P.M. Peak Hours 26 Figure 11 AASHTO Criteria for Left Turn Lanes Applied to Old Kea'au-Pahoa Road at Kahakai Boulevard 30 Figure 12 Criteria for Addition of Right Turn Lanes Applied to Old Kea'au -Pahoa Road at Kahakai Boulevard 31 Figure 13 Guidelines for Right Turn Lanes from Harmelink Curves 32 Figure 14 Guideline for Right Turn Lanes from haremlink Curves Applied to Intersection of Old Kea'au-Pahoa Road at Kahakai Boulevward 33 LIST OF TABLES TABLE PAGE Table 1 General Land Use for Woodland Center Project 4 Table 2 Levels of Service for Intersections 7 Table 3 LOS and Other Measures for Existing Conditions for A.M. and P.M. Peak Hours 16 Table 4 LOS and Other Measures for Future 2012 No Build Conditions for A.M. and P.M. Peak Hours 20 Table 5 Trip Generation Summary for Woodland Center Site 23 Table 6 LOS and Other Measures for Future 2012 Build Conditions for A.M. and P M. Peak Hours 28 Table 7 Signal Warrants for Old Kea'au-Pahoa Road at Kahakai Boulevard at Existing Conditions in 2007, No Reduction 35 Table 8 Signal Warrants for Old Kea`au -Pahoa Road at Kahakai Boulevard at Full Buildout in 2012, No Reduction Factor 36 Table 9 Summary of Signal Warrants as Applied to Old Kea'au-Pahoa Road at Kahakai at Full Buildout 37 Table 10 LOS and Other Measures for Future 2012 Build Conditions for A.M. and P M. Peak Hour with Mitigations in Place 38 SSFM International, Inc. -ii- December 2008 . Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center I. SITE DESCRIPTION The Woodland Center consists of the further development of a five -acre triangular shaped site, identified as Tax Map Key 3 -1 -5- 07:020, in the town of Pahoa, Hawai`i. Currently, a service station exists on the site, which opened for business in February 2007. The proposed development includes three additional commercial buildings and associated parking areas. The existing service station is accessed only from Kahakai Boulevard by way of Old Kea'au-Pahoa Road. Kahakai Boulevard dead ends at Highway 130 (otherwise known as Pahoa Bypass), a two -lane arterial highway that bypasses the town of Pahoa. Prior to the installation of the dead -end barricade, the Kahakai Boulevard formerly extended to intersect with Highway 130. The site is currently undeveloped, except for the existing service station. Single family homes exist on the opposing side of Kahakai Boulevard. The site location is shown in Figure 1. Highway 130 and the segment of Old Kea'au-Pahoa Road between Highway 130 and Kahakai Blvd. are maintained by the Hawai`i Department of Transportation (HDOT). The intersection located about 200 feet south of the intersection of Highway 130 at Old Kea'au-Pahoa Road that serves as access to the Malama Market is also maintained by HDOT. This road segment is referred to as the Spur (Figure 2). Old Kea'au-Pahoa Road from its intersection at Kahakai Blvd. southward is maintained by the County of Hawai` i (COH). The remaining portion of Kahakai Blvd. from its intersection at Old Kea'au- Pahoa Road to its dead end is maintained by the State of Hawai` i. SSFM International, Inc. -1- December 2008 r . M 4 ■ j .l O . $ G/ \ R at III t3 1 ■ a f It t (/ a IP N S 4 * [1 ' No c e j . Asks,. r 0 1 \ 0 r , E \] /XNArwA , \ , 1 EPOKO WI / ECNPf.KO R r d a NA ALE HOMESTEADS r ■„■ m _KE0 7EPOK : '- e LPIi! . �nLA� 1 }y��+y - x +rt,, N illr ,. R r S 1 00 0 - . r M r • 0 250 500' Pahoa • • r • R h r s.s • • r Gl ■ '•... • • P ■ r •� s.: r 0.... 1 rr rw • / . . :C7 may R : • ` 3, q;'.?. ,:. .; s " • , Cast - • K � W itt l • I % ,,,, # \ tr) )1) 1 '11,1( ,,. ;.11n11 . ' r\ 1 HAWAII ISLAND t► PROJECT LOCATION MAP Figure 1 Source: 2004 USGS , Digital Raster Graphics ,.,.a..,,. Woodland Center Scale: 1: 1/,000 s lz- a- 0 d d , d c, %o df • 0 Police and J Fire Station A ° (Not to scale) m 0 Kea'au -Pahoa Road at \ 0, Old Keaau -Pahoa Road ' \\,,scP \\,,,,,,, Pahoa Market Place �L.. ` it,: ---7 r, with Malama Market `\ i • 1 t • a y (Not to scale) � �� ' . X30 (Pah \ ` ' "st . a eY . ..Woodland Center 4 � h paSSRo a Road segment on ahak ` �. Old Kea'au -Pahoa Road O S. Old Kea'au -Pahoa Road d. at Kahakai Blvd. ° c -o S I), 1 °' ‘, 4 1 N W E e S STUDY AREA FOR TRAFFIC IMPACT Figure 2 Source: SSFMInternational, Inc. ,� and Google Map J � Scale: 1:6,000 Woodland Center Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center Project Description The proposed Woodland Center will have a total of 23,400 square feet of retail space and two restaurants each having 2,500 square feet for a total of 28,400 square feet of commercial space, as indicated in Table 1. Table 1 General Land Use for Woodland Center Project Land Use Description Square Footage Retail (1) Individual unit 23,400 Restaurants (2) Assume high- turnover fast -food 2,500 (2 ea) Service Station Existing facility NA Total New Land Use: 28,400 Sq. Ft. The proposed conceptual site plan is given in Figure 3. Access is proposed to be from Kahakai Boulevard only. The existing access for the gasoline service station will be relocated slightly. Two additional access points will be provided as shown in Figure 3. One of the access points will serve the retail sites as well as the first restaurant. The second access point will serve the service station and the first restaurant. The third access point will serve the service station, retail site, and second restaurant. It was assumed that the restaurants would be high- turnover restaurants with drive - through windows. The retail sites were assumed to be of the general shopping type with one tenant. No large anchor tenant is expected or possible, given the size of the center. It was assumed that the retail and restaurants would generally have potential operational hours of 6:00 A.M. to 10:00 P.M., with the retail units not generally open until 8:00 A.M. It was assumed the service station would be a 24 -hour facility. SSFM International, Inc. -4- December 2008 _ ° e I l CO 5 ∎ ¢ w s o I o E �p _ a o g � I z o I U-) I r7 I 4., .✓ 3 b,' ., Z°, ' n ....: , ,,,,„ 4 .,, , ,„ Iiii , t. „ , ,,,, , cr. . 1.1,1 –.1 1 : :'..!.."-,,• . / \ \' V .4'. ° v-- d II 4e i5 #. - — �i1 f 4 , ,a, a ` � V a . s _ r1 g I liy y \tt e ® A ® OP _ - t z 'a Ems\ g / ,i. Pa - s y 4 I . \ %. -------,--- _ - ,''' ' I ;ai O oL ter. Io; S I t i j 1 g -, e i .' , , W 1 Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center The purpose of this study was to determine the predicted impacts to traffic flow on the study network which consisted of the following: • Old Kea'au-Pahoa Road at Kahakai Boulevard • The connector road between Highway 130 and the Old Kea`au -Pahoa Road • The segment of Old Kea`au -Pahoa Road between Highway 130 and Kahakai Boulevard • The segment of Old Kea`au -Pahoa Road that leads to the Pahoa Hardware / Malama Marketplace (Spur Road) In addition, the study included a signal warrant analysis to determine if a traffic signal might be warranted at the intersection of Old Kea`au -Pahoa Road at Kahakai Boulevard. II. STUDY METHODOLOGY This study was conducted in conformance with the Institute of Transportation Engineers (ITE) publication "Access and Impact Studies for Site Development." The guidelines in this manual are generally accepted by HDOT and COH as the preferred method for preparing traffic studies for land development projects. The approach consisted of assessing existing conditions, predicting background traffic growth, and assessing traffic conditions in the year of full buildout of the project for both the no -build and build conditions. It was determined that the project should be fully built and occupied by the year 2012. Therefore, the study made assessments of traffic conditions in the year 2007 and in the year 2012 with and without the development in place. Predicted traffic volumes resulting from the generation of traffic created by the site development were added to existing plus background growth to derive future traffic volumes with the site fully developed. The "Highway Capacity Manual" (HCM) was used to assess traffic conditions and level of service (LOS) for the intersections in the study area. The Synchro software was used to apply the HCM methods. The primary measure of traffic flow quality for the study used the concept of Level of Service (LOS) as defined by the HCM. Generally, for intersections the concept of LOS relates the quality of traffic flow to the delay time experienced by drivers. The HCM provides guidance on the use of the concept of level of service for streets and intersections. A tiered system has been established to describe traffic flow and congestion as related to observed and measured or predicted operational values. For intersections, the measure is stopped time delay. The following figure provides the HCM criteria for LOS for intersections. As noted, the LOS varies from "A" to "F ", with the quality of traffic service declining as the levels move from "A" towards "F ". With declining LOS, the ability to travel at the desired speed is inhibited by other vehicles either adjacent, opposite or in front of a driver. Generally, in urban areas and growing rural areas transitioning to urban areas, it is expected that LOS D will be prevalent and be accepted SSFM International, Inc. -6- December 2008 Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center in the morning and afternoon peak hours. Moreover, any traffic movements with LOS E or worse would need to be reviewed closely to determine if any changes or improvements could be made to move the LOS to an acceptable level. Table 2 indicates LOS and the thresholds of delay for signalized and non - signalized intersections: Table 2 Levels of Service for Intersections* Signalized Non - signalized Intersections Intersections Level of Service Vehicular Delay Vehicular Delay (Seconds) (Seconds) A < 10 <10 B 10 - 20 10- 15 C 20 -35 15 -25 D 35 — 55 25 - 35 E 55 — 80 35 - 50 F >80 >50 *From Highway Capacity Manual, 2000 Edition, Transportation Research Board. Level of service on roadway segments are graded from A to F to indicate increasing congestion, longer delays and greater limitation in mobility to drivers. Normally, level of service D is considered acceptable at intersections in an urban area. This means that if average delays are less than 55 seconds per vehicle for a particular approach at a traffic signal, then the level of service is considered acceptable. Similar statements can be made for non - signalized intersections, for example that LOS is C if the average delay is less than 25 seconds. Level of service E is generally considered to be "capacity." Level of service F indicates a condition where the capacity has been exceeded and long traffic queues develop. The volume to capacity ratio (V /C ratio) is another measure of traffic flow which is used in assessment of traffic conditions. V/C ratios over 1.0 indicate flows exceeding capacity, while values less than 1.0 indicate the proportion of capacity being used by a particular movement or approach or an intersection as a whole. V/C ratio may vary across the range of a particular LOS designation. Normally, lower V/C ratios correspond to lesser congestion and higher values to greater levels of congestion. Analysis of the potential need for signalization was made using the standards and guidelines of the "Manual on Uniform Traffic Control Devices" (MUTCD). This manual was developed by the Federal Highway Administration (FHWA) and has been adopted by HDOT as the guide for application of traffic control devices in the state of Hawai`i. In order to apply the signal warrants contained in the MUTCD, it was necessary to collect SSFM International, Inc. -7- December 2008 Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center traffic data for 12 hours at the intersection of Old Kea'au-Pahoa Road at Kahakai Boulevard. Likewise, it was necessary to predict traffic volumes for not only the peak hours, but also the same 12 hours that were counted, that would be generated by the project. Additional data available from ITE in the "Trip Generation Handbook" was used for this purpose. It was assumed that the existing gasoline station would remain in place and that its traffic generation would essentially remain the same with the development in place. It was assumed that there would be a 5 percent internal capture of trips to and from the gasoline station and the newly developed commercial units on the site. III. EXISTING CONDITIONS A. Roadways The Woodland Center site is located in a triangular- shaped parcel bordered by Highway 130 at the Pahoa Bypass portion of the highway, Kahakai Boulevard, and the Old Kea'au-Pahoa Road in the Puna District of the Island of Hawai`i. Highway 130 is a major arterial road serving and providing a connection between the communities of Kea'au and Pahoa and communities located further south and east. It is primarily a two - lane road with turn lanes at major intersections along its route. Recent detail hourly volumes and speeds for each direction of travel were obtained for the analysis of traffic conditions along the Highway 130 corridor. Data from these analysis are included in Appendix A, and provides current volumes and operating speeds for the section of Highway 130 approaching the intersection of the Pahoa Bypass and Old Kea'au-Pahoa Road. The current posted speed limit on Highway 130 is 45 mph. Paved shoulders averaging eight -feet wide are in place. There is no curb and gutter in place on the route, which is basically flat and on a tangent section at its intersection with Old Kea'au-Pahoa Road. The estimated annual average daily traffic (AADT) for Highway 130 was approximately 12,500 in 2004 (see AADT data from HDOT in Appendix A). There is very limited commercial development along the road in the vicinity of its intersection with Old Kea' au-Pahoa Road. Old Kea'au Road is a two - lane collector road that serves the Pahoa Village. It was formerly on the main route from Kea'au but assumed a much lesser role when the bypass was constructed. The road has two lanes with earthen shoulders and a posted speed limit of 30 mph. The AADT was approximately 4,700 in 2004 (see AADT data from HDOT in the Appendix A). The intersection of Highway 130 and Old Kea'au-Pahoa Road is controlled by stop signs on the Old Kea'au-Pahoa Road approach. There is a turn lane for left turns into Pahoa Village from the Pahoa Bypass direction (northbound). On the southbound approach traveling towards Pahoa along Highway 130, there is a right turn lane and a painted channelizing island for right turn traffic onto Old Kea'au-Pahoa Road. On the northern approach from Pahoa Village towards Highway 130, there are two lanes with a painted channelizing island for right turns onto Highway 130 southbound. This right turn is SSFM International, Inc. -8- December 2008 Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center essentially free -flow with an acceleration lane to allow drivers to reach highway speed before merging with the southbound traffic into a single lane. B. Ordinances and Mitigation Ordinance no. 00 128 was amended as Ordinance no. 03 111. The ordinance governs the reclassification of lands from Agricultural (A -1a) to Neighborhood Commercial (CN -20) at Keonepoko, Puna, Hawai`i, covered by Tax Map Key 1 -5- 07:20. With the change in classification, the applicant, its successors or assigns shall comply with the following conditions of approval relevant to traffic movement: Condition C: Curbs, gutters, sidewalk, and pavement improvements to be provided within the Kahakai Boulevard extension right -of -way fronting the property. A 25 -foot radius provided at the intersection of Kahakai Boulevard and Old Kea`au -Pahoa Road. Condition D: Access to the property will only be through Kahakai Boulevard. Intersection improvements include left and right turn lanes on Kahakai Boulevard and a left -turn lane on Old Kea'au-Pahoa Road. Condition E: Extension of the left-turn storage lane leading to the connector road on Pahoa Bypass Road. The following table presents a summary of the mitigations considered in conformance to the County of Hawai` i ordinances and the results of this study. Nutmber Road On Item Construgcted? Comments Old Kea`au- Southbound left Per ordinances, 1 Pahoa Road turn into Kahakai Yes verified by study Blvd. 2 Kahakai Blvd. Two approach Yes Per ordinances, lanes verified by study Curb & gutter 3 Kahakai Blvd. and sidewalks on Yes Per ordinance one side of street Not shown as Northbound right being warranted 4 Old Kea`au- turn lane at Yes by the study but Pahoa Road Kahakai Blvd. will be built as required by HDOT Old Kea'au- Not shown as 5 Pahoa Road at Traffic signal No being warranted Kahakai Blvd. by the study SSFM International, Inc. -9- December 2008 Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center C. Traffic Volumes The traffic volumes for the turning movements at the two intersections in the study area are shown in Figure 3. These numbers represent the morning and afternoon peak hours of 7:00 to 8:00 A.M. and 4:00 to 5:00 P.M. Truck counts were not made at the Old Kea'au- Pahoa Road at Kahakai Road intersection, but were estimated using the data from the November 2006 count. Pedestrian counts were not made due to the very low existing level of pedestrian activity at the study intersections and the expectation that the proposed development would not create significant volumes of pedestrian traffic. D. Sight Distance at Intersection of Old Kea`au -Pahoa Road at Old Kea`au -Pahoa Road Spur A review was made of the sight distance available at the existing access to the Malama Market at the intersection of Old Kea`au -Pahoa Road at the spur of the Old Kea`au -Pahoa Road. A measurement was made of sight distance looking to the left and right for drivers exiting the access point. As indicated in the figure below, there is 175 feet of sight distance available looking to the left towards the intersection of Highway 130 at Old Kea`au -Pahoa Road. There is 600 feet of sight distance available looking to the right from the access point as indicated in Figure 4. SSFM International, Inc. -10- December 2008 / / / , \ g y O lr O 0 \ 7 O 15 O ' od d J � Sight Disnce = 175ft.� � ..„ ta . i ghw ay '30 P "•. ..,,w .... whoa B , . �! ' ypass Road a • Woodland Center �} Sight distance survey •• or r. %l .� conducted here E •. �� �� Sight Distance = 600ft CS . 0 %o d 0 d N W +E a S SIGHT DISTANCE Figure 4 Source: SSFMInternational, Inc. warm and Google Map Woodland Center Scale: 1:4.000 Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center The general formula for sight distance, taken from the AASHTO Green Book is as follows: + Major Road. 1 h length of the sight triangle leg or I$D along the m ajor road is determined using the following equation ISLE = 1 47 x Vmajor x tg Lquation 7.1 Where: ISD = length of sight triangle leg along major road (ft) Vmajor = design speed of major road (mph) tg = gap acceptance time for entering the major roan (sec) The gap acceptance time (tg) varies according to the design vehicle. the maneuver type, the grade on the minor road approach, the number of lanes on the major roadway. the type of operation.. and the intersection skew. In our case, tg would be set at 7.5 seconds. Since the sight distance was measured at 175 feet looking to the left, this means that the design speed would be 175 / 7.5 / 1.47 = 15.87, or approximately 16 mph. This would imply a sight distance available for left turns out of the site provided that speeds do not exceed 16 mph, looking to the left. Looking to the right, a similar calculation indicates a speed of about 50 mph. So, there is no sight distance issue looking to the right for exiting traffic from the old roadway spur. Looking to the left, the measurements indicate that the sight distance is restricted so that drivers exiting may have difficulties if speeds are above 16 mph. Drivers exiting the Malama Market looking to the left would be attempting to find a gap and cross or enter the traffic stream for vehicles that had turned from Highway 130 onto Old Pahoa Road. Generally, the roadway geometry would accommodate right turns and left turns off of Highway 130 at speeds of about 15 to 20 mph. The amount of acceleration between the turn and the location of the Malama Market access would determine the speeds of vehicles at the access point. The posted speed limit is 30 mph. From the standpoint of access management, the location of an access point some 175 feet from an intersection would normally be considered acceptable. Approval of an access point at such a location would then be determined by the regulations of the approving agency. This access has been in place for a number of years and has apparently operated acceptably. The addition of traffic resulting from the Woodland Center project would have no impact on the sight distance at this intersection. The current 175 feet of sight distance looking to the left is a pre- existing condition that is beyond the purview of the Woodland Center project in terms of responsibility for improvement. In the future, it might be desirable for the HDOT to review this access if and when changes may be considered to the Old Kea`au -Pahoa Road and the intersections of Highway 130 and Kahakai Blvd. Also, it may be advisable to install a warning sign advising drivers of the access, however, the close proximity of the intersection of Highway 130 at Old Pahoa Road may make this difficult. SSFM International, Inc. -12- December 2008 Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center E. Pedestrian and Bicycle Needs Traffic counts made by SSFM and in a previous traffic study indicate virtually no pedestrian or bicycle activity at the site or at the access point to the existing Malama Market. It is expected the site development will not generate a large number of trips that come from within a reasonable walking or biking distance of the site. It is always possible that there is some latent demand for facility additions or improvements for bicycle and pedestrian needs, however the provision of these facilities off -site would represent a community -based need that over - arches this particular commercial project. Nonetheless, the developer will be installing sidewalks with appropriate ADA curb ramps along the frontage of the project on Kahakai Blvd. Traffic counts made for a previous traffic study, as well as for the Woodland Center project indicate almost no pedestrian or bicycle activity in the immediate area of the Malama Market or the current commercial area at the Woodland Center site. However, should there develop a significant amount of pedestrian or bicycle activity, it may be advisable to install a pedestrian crossing at the intersection of Old Kea`au -Pahoa Road at Kahakai Boulevard. This crosswalk would include striping in compliance with the Manual on Uniform Traffic Control Devices as well as signing both in advance of and at the actual crosswalk location. This crosswalk would be of assistance for pedestrians and possibly bicyclists crossing Old Kea`au -Pahoa Road to travel to and from the Malama Market and the Woodland Center. It would be most effective on the north side of Kahakai Boulevard. The approval for installation of this crosswalk would need to come from the HDOT. Location of the crosswalk would be much more preferable at this intersection as opposed to the intersection of Highway 130 at the Old Kea`au -Pahoa Road connector. Placement of a crosswalk at this intersection to accommodate the Malama Market and the Woodland Center would not be feasible, as it would require additional walking and backtracking for its use by pedestrians traveling to both locations. In addition, the geometry of the intersection of Highway 130 at Old Kea`au -Pahoa Road does not lend itself to a marked . crosswalk on the south side of the intersection because of the eastbound right turn movement design and its close proximity to the access to the Malama Market. However, location of the crosswalk at this location would indicate the need for any sidewalk. along Old Kea`au -Pahoa Road to be on the west side of the road to connect to the Malama Market access. Further review of the site would be necessary to establish the exact location of the crossing and the warning signs. The crosswalk could be striped with a "zebra" or "ladder" pattern as per the MUTCD and standard HDOT specifications and the location should have crosswalk and advance pedestrian warning signs on each approach along Old Kea`au -Pahoa Road. SSFM International, Inc. -13- December 2008 Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center Figure 5 Existing 2007 Morning and Afternoon Peak Hour Traffic Volumes Fire/ DMV Access ■••■ 603 (280) 129 (112) dt `■•■ 0 (0) Highway 130 808 (509) (383) 373 •"› (0) 0 (295) 243 ••■)/ r i > (678) 616" 205 48 (186) (221) 109 263 (229) (129) Market Access (Old T Pahoa Spur) (152) 92 (102) 62 68 0 (106) (22066 ) (296) (27) t 47 (48) 227 36 Kahakai c 15 (31) Blvd. 172 28 (264) (27) AM(PM) NORTH Volumes Old Keaau- Not to Scale Pahoa Road SSFM International, Inc. -14- December 2008 Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center The peak hour factors for each movement along with estimated truck percentages are available in Appendix A. The HCM was used to assess the congestion and LOS of the study intersections for the existing conditions using the Synchro software and its SimTraffic simulation module. The results of the Synchro /HCM analysis are given below in Table 3 and Figure 4. The printouts from Synchro and SimTraffic for the existing conditions analysis are provided in Appendix E. As seen in Table 3 and Figure 4, the existing LOS for the left turn and right turn movements from Old Kea'au-Pahoa Road to Highway 130 are very poor at this time with F and E for the morning and afternoon peak hours. This is owing to the high volume of traffic on Highway 130 at these peak hours, along with the speeds of that traffic and the difficulty in finding gaps to enter the traffic stream. The estimated queues from this stop sign controlled intersection extend to a point relatively close to the intersection of Old Kea'au-Pahoa Road at Kahakai Boulevard. The V/C ratio for the morning peak hours for the left turn off Old Kea'au-Pahoa Road onto Highway 130 exceeds indicating the movement is essentially over - capacity. The afternoon peak hours V/C ratio is quite high as well at 0.86. All other movements in the study network have good LOS and very reasonable delays. It is interesting to note that the traffic assessment report previously completed for the existing service station' predicted traffic volumes close to the current peak hour volumes for traffic into and out of Kahakai Boulevard. Ogasawara Service Station Traffic Assessment Report prepared by The Traffic Management Consultant, Randall Okaneku, P.E. October 21, 2002. SSFM International, Inc. -15- December 2008 Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center Table 3 LOS and Other Measures for Existing Conditions for A.M. and P.M. Peak Hours A.M. Peak Hour P.M. Peak Hour Intersection Movement Delay V/C LOS Max Delay V/C LOS Max (Sec.) Ratio Queue (Sec.) Ratio Queue Highway EBd 0 .39 NC 0 0 .43 NC 0 130 at Fire WBd 0 .52 NC 0 0 .33 NC 0 Station/DM SBd 0 0 NC 0 0 0 NC 0 V Site Total ICU* 0 0.50 A NA 0 f . , 42 A NA NBd Left 96.2 1.00 F 256 60.2 0.93 F 260 Highway NBd Right 96.2 1.00 F 256 60.2 0.93 F 260 130 at Old EBd Thru 0 0.24 NC 0 0 .27 NC 0 Kea'au- EBd Right 0 0.16 NC 0 0 .19 NC 0 Pahoa WBd Left 9.6 0.15 A 13 9.8 .14 A 12 Road WBd Thru 0 0.39 NC 0 0 .21 NC 0 Tota -1 ICU* 1`6.0 0.57 ' 'A A ° NA ° 15 9 '*1Y ' ",,t1 NA Old EBd Left 16.3 0.35 C 38 30.3 .68 D 121 Kea'au- EBd Right 16.3 0.35 C 38 30.3 .68 D 121 Pahoa NBd Left 3.0 0.06 A 5 3.6 .10 A 9 Road at NBd Thru 3.0 0.06 A 5 3.6 .10 A 9 Malama SBd Left 0 0.24 NC 0 0 .26 NC 0 Market SBd Thru 0 0.24 NC 0 0 .26 NC 0 Access (Spur) , 4 �/ °�' , , 'A5 � t� � Old WBdLeft 10.5 0.09 B 8 12.7 .15 B 14 Kea'au- WBd Right 10.5 0.09 B 8 12.7 .15 B 14 Pahoa NBd Thru 0 0.13 NC 0 0 .19 A 0 Road at NBd Right 0 0.13 NC 0 0 .19 A 0 Kahakai SBd Thru 1.3 0.03 A 2 0.9 .02 A 2 Boulevard SBd Left 1.3 0.03 A 2 0.9 .02 A 2 Total/ICU * fi . 0.41 !VW , NA fl' 1I 1 ; , ' ,' NBd is northbound, e.g. NC - Not calculated by software. NA - Not applicable or not available from software. * ICU is Intersection Capacity Utilization calculation from Synchro for non - signalized intersections. The ICU provides a measure of overall operations for non - signalized intersections not currently available through HCM methods. See Appendix E for details. SSFM International, Inc. -16- December 2008 Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center Figure 6 Levels of Service for Existing 2007 Conditions for A.M. and P.M. Peak Hours Fire /DMV Access 4 .— NC (NC) dLa• B (B) NC (NC) Highway 130 NC (NC) (NC) NC -9 (NC) NC (NC) NC --)„ r > (NC) NC F F (NC) (NC) NC NC (F) (F) Market d I Access (Old 44) T Pahoa _ 4 Spur) (D) C (D) C �V NC NC v (NC) (NC) (A) (A) 1t A A l ` B (B) Kahakai B (B) Blvd. T LOS AM(PM) NC NC Peak Hours (NC) (NC) NC - Not NORTH Old Keaau- Calculated by Not to Scale Pahoa Road HCM SSFM International, Inc. -17- December 2008 Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center IV. TRAFFIC FORECASTS A. Background Traffic Forecast Daily traffic volumes for the years 1996 through 2004 were obtained from HDOT for their count station located at the intersection of Highway 130 at Old Kea'au-Pahoa Road. This count data is provided in Appendix A. In reviewing this data, it was determined that the traffic volume along Highway 130 and at the intersection with Old Kea'au-Pahoa Road had grown less than one percent per year on average between 1996 and 2004 using a straight -line method. At the direction of HDOT, data from the work done by Wilbur Smith Associates (WSA) for the planning for future improvements for Highway 130 was used to estimate future traffic volume growth. This report was not available in late 2007 when the original TIAR effort was started. However, the completed report is now available. As indicated in the WSA report, traffic volumes will grow over the next 30 years substantially. The predicted traffic volumes for the morning and afternoon peak hours for the year 2012 were derived by reviewing the WSA report. The predicted turning movement counts for the year 2018, developed by WSA were compared to the existing base year counts from 2002 in the WSA report. This data was compared to the counts made in 2006 to predict the growth rates of through movements and turning movements at the four study intersections for the year 2012. Traffic increases were not shown for the exits from the Fire /DMV facility, the Malama Market or for Kahakai Blvd. It was assumed these volumes would not increase in the background, in absence of the Woodland Center project. Figures from the WSA report that were used in developing the predicted increases for the major movements on Highway 130 and Old Pahoa Road are included in Appendix A. The traffic increases were assumed to be straight -line based on the increases shown in the WSA report between 2002 and 2018, applied in reverse to the year 2012. The annual traffic increase was taken to be a summation or straight -line for the years 2007 to 2012. In general, the increases are approximately 10.9% total from 2007 to 2012 for the major movements on Highway 130 and just over 5% for Old Pahoa Road. An effort was made to smooth numbers where necessary to show no gain or add of vehicles into or from the system where it was known there were no intervening access points. See also the Wintass printouts in Appendix D which contain existing and future turning movements. The growth factors discussed above were applied to the existing morning and afternoon peak hour volumes from Figure 3 to give the future traffic volumes in the build -out year of 2012 as seen in Figure 5. A proposed new facility, now under construction, will consist of a fire station and an office of the Department of Motor Vehicles. The access to this site will be located to the west of the intersection of Highway 130 at Old Kea'au-Pahoa Road. A study of this project was conducted in 2006 by M &E Pacific, Inc. ) The predicted traffic volumes from this report were included in this study. The volumes were not included in the existing conditions review but were included in the reviews for the year 2012 for the no build and build scenarios. 2) Traffic Impact Analysis Report, Pahoa Complex Offsite Improvements, M &E Pacific, Inc., December, 2006, Warren M. Yamamoto, P.E. SS FM International, Inc. -18- December 2008 Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center Figure 7 Future Year 2012 Peak Hour Traffic Volumes Without the Woodland Center Project Fire /DMV Access (11) (6) ■•••■• 669 (311) 11 6 132 (118) dL) 6 (4) Highway 130 8 73 (552) C .1". (425) 414 "•""•4 (8) 11 inoo (302) 249 r i > (721) 657 210 49 (186) (234) 109 270 (235) (132) Market Access (Old 4. ) T Pahoa Spur) (152) 92 (102) 62 `I 165 (100 6) (215) (309) (27) 47 (48) 233 36 Kahakai /r 15 (31) Blvd. 176 28 (273) (27) AM(PM) NORTH Volumes Old Keaau- Not to Scale Pahoa Road SSFM International, Inc. -19- December 2008 Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center Table 4 LOS and Other Measures for Future 2012 No Build Conditions for A.M. and P.M. Peak Hours A.M. Peak Hour P.M. Peak Hour Intersection Movement Delay V/C LOS Max Delay V/C LOS Max (Sec.) Ratio Queue (Sec.) Ratio Queue (ft.) (ft.) Highway EBd 10.1 .42 B 1 8.7 .45 A 1 130 at Fire WBd 0 .56 NC 0 0 .35 NC 0 Station/DM SBd 36.5 .14 E 12 23.7 .09 C 7 V Site 'cltalICU*' 0,3 .60 " II ; . " `,NA' 0.4 A NA NBd Left 145 1.14 F 319 75.9 0.99 F 297 Highway NBd Right 145 1.14 F 319 75.9 0.99 F 297 130 at Old EBd Thru 0 0.27 NC 0 0 .27 NC 0 Kea'au- EBd Right 0 0.16 NC 0 0 .19 NC 0 Pahoa WBd Left 9.9 0.16 A 15 10.8 .15 B 13 Road WBd Thru 0 0.43 NC 0 0 .19 NC 0 Old EBd Left 16.7 0.35 C 39 29.8 .67 D 117 Kea'au- EBd Right 16.7 0.35 C 39 29.8 .67 D 117 Pahoa NBd Left 2.9 0.06 A 5 3.5 .10 A 8 Road at NBd Thru 2.9 0.06 A 5 3.5 .10 A 8 Market SBd Thru 0 0.24 NC 0 0 .26 NC 0 Access /Old SBd Right 0 0.24 NC 0 0 .26 NC 0 �'ti ^: e , six . �. ;Intl! in's , � 7' ,� . ��; Pahoa Spur ,�x��: -,�.. . o �; . y , Old WBdLeft 10.6 0.09 B 8 12.7 .15 B 13 WBd Right 10.6 0.09 B 8 12.7 .15 B 13 Kea'au- NBd Thru 0 0.13 NC 0 0 .19 NC 0 Pahoa NBd Right 0 0.13 NC 0 0 .19 NC 0 Road at SBd Thru 1.3 0.03 A 2 0.9 .02 A 2 Kahakai Boulevard SBd Left 1.3 0.03 A 2 0 9 .02 A 2 a a �. " X r w x ' r „. , z a A i ,} 4? NBd is northbound, e.g. NC - Not calculated by software. NA - Not applicable or not available from software. * ICU is Intersection Capacity Utilization calculation from Synchro for non - signalized intersections. The ICU provides a measure of overall operations for non - signalized intersections not currently available through HCM methods. See Appendix E for details. SSFM International, Inc. -20- December 2008 Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center B. Project Generated Traffic The prediction of project generated traffic was made using the ITE guidelines in "Trip Generation" 7 Edition, and the "Trip Generation Handbook." It was assumed that the service station would remain in place and that its current rate of total trip generation would not change as a result of the addition of the retail sites. It was also assumed that there would be some trips to and from the various new retail sites and the existing service station. Based on experience with similar situations elsewhere, an internal capture rate of 5 percent was used to account for this phenomenon. So, a reduction factor of 0.95 was applied to all the trip generation data. Trips created by the new retail spaces were then added to the existing traffic generation of the site to arrive at the future total trip generation. An adjustment was made for passby trips in accordance with the ITE "Trip Generation Handbook ". Since the locale of the site is in some ways remote, a decision was made to use slightly lower passby rates than given as averages in the ITE "Trip Generation Handbook." For the retail space, a passby rate of 25 percent was used and a rate of 34 percent passbys was used for the two proposed restaurants. The ITE land use code for Shopping Center, 820, was used for the retail space while the code 834 was used for the restaurants, assuming these are high- turnover, fast -food type facilities. As further detail of exact tenants might become available, a more detailed estimate could be made. At this point, with the limited knowledge of potential tenants, the use of the these two land use codes would help to provide a conservative estimate of traffic impacts by using trip generation rates and passby rates that result in estimates on the higher end of the scale. With the lack of detail information about specific site occupants this provides for a safer assessment of traffic impacts. Trip generation calculations were made for a general shopping center. Since that time, the store has become known to be Longs Drug Store which would have a lower trip generation rate. Given this, the trip generation numbers can be considered conservative and impacts from the Longs store would be less than shown. The ITE "Trip Generation 7th Edition" and the "Trip Generation Handbook" were used to develop the predicted trip generation for the site (see Table 4). An internal capture of 5 percent was used. It was assumed that the service station would continue to generate the same volumes of traffic. An assumption was made that 50 percent of the service station traffic was new and 50 percent passby. Because actual traffic count data were used, there was no effect on the development of new trips and that information is shown for completeness of the table. It was assumed that the service station had 10 percent of its traffic in the afternoon peak hour. Furthermore, this assumption has no practical effect on the analysis. The new and passby trips indicated in Table 5 for the morning and afternoon peak hours were used as part of the input to the Wintass program to develop assignments to the traffic network. The Wintass program requires trip distribution percentages of total traffic. For this project, it was assumed that the trip distribution matched the current distribution of traffic in the study network for the A.M. and P.M. peak periods. To derive SSFM International, Inc. -21- December 2008 Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center this distribution a review was made of traffic volumes approaching the site from Old Kea'au-Pahoa Road and Highway 130. Based on a review of the existing traffic volumes, the distribution of trips is predicted as indicated in Figure 6. SSFM International, Inc. -.22- December 2008 Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center Table 5 Trip Generation Summary for Woodland Center Site Land Use Retail Restaurants Service Station ITE Code 820 834 853 Units Square feet Square feet Gas Pumps Totals Number 23,400 5000 total in two 8 In Out Total In Out Total In Out Total In Out Total Total Daily 790 790 1580 Trips 1338 1338 2676 1220 1220 2440 (est) (est) (est) 3348 3348 6696 Total A.M. Peak Hour 14 10 24 110 106 216 64 62 126 193 197 390 Trips Total P.M. Peak 115 125 240 86 80 166 79 79 158 280 284 564 Hour Trips Internal 5% 5% 5% 5% 5% 5% Use existing count 5% 5% 5% Capture* % New 75% 75% 75% 66% 66% 66% Use existing count See left columns. Passby 25% 25% 25% 34% 34% 34% Use existing count See left columns. New Use existing Total 10 8 18 69 67 136 counts Assume 111 106 217 External 50% new A.M. Pass- Use existing Peak by 4 2 6 36 34 70 counts Assume 72 67 139 Hour 50% new Trips Use existing Total 14 10 24 105 101 206 counts Assume 183 173 356 50% new Use existing Total New 82 89 171 54 50 104 counts Assume 176 178 354 External 50% new P.M. Pass- Use existing Peak by 27 30 57 28 26 54 counts Assume 95 95 190 Hour 50% new Trips Use existing Total 109 119 228 82 76 158 counts Assume 271 273 544 50% new SSFM International, Inc. -23- December 2008 Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center Figure 8 Trip Distribution for A.M. and P.M. Peak Hours Fire /DMV Access 4 -- 0 (0) 47% (30%) 0 (0) Highway 130 40% (52 %) (0) 0 1 > (0) 0 (52 %) 40% r> (52)40 (0) (82 %) 40% 47% 0 87% (52 %) (30 %) Market Access (OId Pahoa _� Spur) (0) 0 4.) -� 0 87% (0) 0 I (0) (82 %) (0) (82 %) 87% (82 %) 0 87% Kahakai c 13% (18 %) Blvd. 0 13% (0) (18 %) AM(PM) NORTH % of Trips OId Keaau- Not to Scale Pahoa Road SSFM International, Inc. -24- December 2008 • Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center C. Traffic Added or Diverted in Street Network Using the Wintass program with the trip generation data from Table 5 and the trip distribution data from Figure 6, the added trips to the street network are as shown in Figure 7. This figure includes background growth. Figure 9 Added Volumes at Full Buildout in A.M. and P.M. Peak Hours in 2012 Fire /DMV Access ( ( 0 ( -5) 0 0 43 (57) 0 (0) Highway 130 36 (72) VVV��� ( -25) -5 ''") (0) 0 (100) 28 •■■■), 4 ( 0) (100) 32 31 36 (0) (157) 0 71 (72) (42) Market Access J (Old Pahoa _ Spur) (0) 0 4 4) T (0) o -4/ 0 67 (0) (114) ( -7) (157) -34 104 71 (114) Kahakai 1 � 41 (71) Blvd. T 4 16 AM(PM) ( -10) (34) Volumes NORTH Added Old Keaau- Not to Scale Pahoa Road SSFM International, Inc. -25- December 2008 Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center D. Traffic Volumes with Project in Place in 2012 Using the existing 2007 volumes and adding the background growth and new trips generated by the project at full buildout, the predicted traffic volumes are as shown in Figure 8. Figure 10 Future 2012 Traffic Volumes at Full Buildout for A.M. and P.M. Peak Hours Fire /DMV Access (11) (6) 4.•■NN 669 (306) 11 6 175 (175) 6 (4) Highway 130 905 (609) coo. (400) 419 (8) 11 (402) 282 r> (796) 715 241 85 (186) (384) 109 350 (307) (174) Market Access (Old Pahoa T Spur) (152) 92 (102) 62 68 232 (106) (329) (302) (184) 272 140 118 (172) Kahakai c 56 (102) Blvd. T (' 182 44 (263) (61) AM(PM) Volumes NORTH Old Keaau- Not to Scale Pahoa Road SSFM International, Inc. -26- December 2008 Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center V. ANALYSIS OF FUTURE CONDITIONS A. Level of Service Analysis The street network was analyzed for the year 2012 with the predicted traffic volumes from Figure 8. The Synchro outputs are included in Appendix E. A summary of the results of the HCM analysis is given in Table 6. SSFM International, Inc. -27- December 2008 Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center Table 6 LOS and Other Measures for Future 2012 Build Conditions for A.M. and P.M. Peak Hours A.M. Peak Hour P.M. Peak Hour Intersection Movement Delay V/C LOS Max Delay V/C LOS Q Q Max (Sec.) Ratio ft) a (Sec.) Ratio ( ne Highway EBd 10.2 .46 B 1 8.9 .50 A 1 130 at Fire WBd 0 .58 NC 0 0 .38 NC 0 Station/DM SBd 41.5 .16 E 13 27.9 .10 D 8 V Site Total/ICU* 5 .62 B NA .4 .55 A NA NBd Left 317.2 1.57 F 554 260.1 1.48 F 692 NBd Right 317.2 1.57 F 554 260.1 1.48 F 692 Highway EBd Thru 0 0.27 NC 0 0 .25 NC 0 130 at Old EBd Right 0 0.18 NC 0 0 .25 NC 0 Kea`au- WBd Left 10.5 .22 B 35 11.0 .24 NC 23 Pahoa Road WBd Thru 0 0.43 NC 0 0 .19 NC 0 T`($ Q tQJ* 56.Z :65 B NA 72 .72 " C EBd Left 21 0.43 C 52 81.6 .95 F 232 Old Kea'au- EBd Right 21 0.43 C 52 81.6 .95 F 232 Pahoa Road NBd Left 2.5 0.07 A 6 3.3 .12 A 10 at Market NBd Thru 2.5 0.07 A 6 3.3 .12 A 10 Access /Old SBd Thru 0 0.29 NC 0 0 .36 NC 0 Pahoa Spur SBd Right 0 0.29 NC 0 0 .3 NC 0 . {� ✓ r x '17 1•^ '[- ,.• `,i ,. tn"" h� , 4. 4 WBd Left 15.7 .36 C 41 38.4 .76 E 154 Old Kea'au- WBd Right 15.7 .36 C 41 38.4 .76 E 154 Pahoa Road NBd Thru 0 .15 A 0 0 .20 NC 0 at Kahakai NBd Right 5 .15 A 0 0 .20 NC 0 Boulevard SBd Left 0 .12 NC 10 5.2 .17 A 15 SBd Thru 0 .12 NC 10 5.2 .17 A 15 r, mmr f ;: x . 71 - XMEMA" : < ' ` t C' ,t N .i `. NBd is northbound, e.g. NC - Not calculated by software. NA - Not applicable or not available from software. * ICU is Intersection Capacity Utilization calculation from Synchro for non - signalized intersections. The ICU provides a measure of overall operations for non - signalized intersections not currently available through HCM methods. See Appendix E for details. As seen above in Table 6, it is predicted that there will be significant congestion and delay problems with the full buildout of the project for the following movements: SSFM International, Inc. -28- December 2008 Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center 1. Highway 130 at Old Kea'au-Pahoa Road left turns and right turns onto Kea'au- Pahoa Road, as indicated by the LOS F with very high delay estimates and V/C ratios exceeding 1.0. The HCM methodology for calculating delay tends to overestimate when the V/C ratio exceeds 1.0, so the values shown for delay are probably higher than would be expected to occur. However, the values do indicate that there is likely to be significant congestion and delay at this intersection at full buildout of the project. It should be noted that there are significant delays and congestion without the project in place in 2012, so the problems are not solely related to the new project. 2. For the intersection of Old Kea'au-Pahoa Road at Kahakai Boulevard the Synchro program also shows significant delay for the exits from Kahakai Boulevard onto Old Kea'au-Pahoa Road for the P.M. peak hour. As noted above the single exit lane onto Old Kea'au-Pahoa Road is expected to be over - capacity with an LOS F. B. Road Design Considerations In addition to the analysis using LOS and delay criteria, a review was also made of design considerations for the two intersections that may not necessarily be evident in looking only at HCM analysis made through Synchro. The issue of the need to improve the intersection of Old Kea'au-Pahoa Road at Kahakai Boulevard by adding turn lanes was reviewed. Criteria for the addition of left and right turns are available from AASHTO and have been adopted in some form by most state DOT's. These criteria use the combination of advancing and opposing volumes along with speed limit and number of lanes to arrive at a recommendation as to whether turn lanes are needed. The AASHTO criteria for addition of a left turn lane on an existing two -lane road with a speed of 40 mph are given in Figure 9. This figure is used by entering the advancing volume and opposing volume and reading the required minimum percentage of left turns within the advancing volume. If the actual percentage of left turns exceeds this value, then a left turn lane is warranted. Figure 9 shows the warrant criteria applied to predicted morning and afternoon peak hour data. As seen in Figure 9, the location does meet the AASHTO criteria for addition of a left turn lane southbound on Old Kea'au-Pahoa Road at Kahakai Boulevard. A review was also made to determine whether a right turn lane is needed to accommodate the predicted volumes at the Old Kea'au-Pahoa Road at Kahakai Boulevard. The criteria for addition of right turn lanes presented in the "National Cooperative Highway Research Program report number 279" are generally accepted as a reasonable starting point. These criteria have been adopted and are used by many DOT's and other agencies. Figure 10 shows the application of the warrants for right turn lanes applied to the intersection of Old Kea'au-Pahoa Road at Kahakai Boulevard. As seen in Figure 10, the location would meet the warrant for the afternoon peak hour but only for a taper and not a full right turn lane. Another warrant analysis process utilizes graphs developed in the Highway Research Record 211 with the so- called Harmelink curves. This method is shown graphically in Figure 11. Applying the predicted traffic volumes from this study results in Figure 12. SSFM International, Inc. -29- December 2008 Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center Figure 11 AASHTO Criteria for Left Turn Lanes Applied to Old Kea'au-Pahoa Road at Kahakai Boulevard aLu I - .4 «S+ MINIM r t rurm I. n ■ Ir<II< u' 9 € to zF «w,+ z r'■ , e <� m Yh S rk ..f1,�., � , I voimoc >w 10 1111, L Inc Imo: t1I1 ■\ AN creala Mowele, es°Merle le net F A1 air:.en le, so cLllerT mer F VOLUME GUIDELINES FOR LEFT -TT URN LANES AT UNSIGNALIZED INTERSECTIONS ON TWO-LANE HIGHWAYS 40 MPH) Figure 15.50 SSFM International, Inc. -30- December 2008 Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center Figure 12 Criteria for Addition of Right Turn Lanes Applied to Old Kea'au-Pahoa Road at Kahakai Boulevard 120 110 2 -Lane Highways 100 90 Full Width Right Turn Lane 80 a • 70 Taper Only Y • 60- 4, a_ 50 'h•A H • 40 AM 30 20 Radius 10 0 1 1 1 1 1 1 1 1 1 1 100 200 300 400 500 600 700 Total Peak Hour Approach Volume (vph) SSFM International, Inc. -31- December 2008 Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center Figure 13 Guideline for Right Turn Lanes from Harmelink Curves tsoo Warrant for Left and Right -Turn Lanes '\. \ ■M■ ■ AT GRACIE, UNTOGNAUIEO INTERSECTIONS 0\■■■■■ ieoo 'VANIMISM • flight Urn Storage lengths Ili \mN \el Sly ■ an based on IP\\�WOOM■■ ■NIMOI ■■M■■■ of 100 VPH MINIMUM) opposing velum o M1\lV I\ K \ 1■ S'M ■■ ■■■■ r■■■ S= ITORAC E LENGTH ROOUIRED t 11ismacivemiim■a■m ■ ■■■m mmavoumwzmommummilmmummis to ut•WIOSUG\ QONNENMMNMMNNMMMOM■■■SIM■ 1 ^ weiliMM UMWe n\■ ■■a■M■a■■■u■■au■ao■a■■■aM■a■a■n H MUL E\ W\►\\\`►` O■■■ ■ ■ ■1■■ ■i■ ■■■■■ ■ ■ ■■ ■t ■■ ■aa■■ ■UMM W X111\!■■MORMA M OM U ■■ ■a■■■■■■■■■■■■■■■O■■■■■■ ■u■■■ c * ■ mumwasum►►roomm■■a milu a m...■■■■■■u■■■■.■■ 3 innam►■■► s■■ os ■■■■■■■■■■■■■■ ■■■■■■n■■■■■■■■■■ 9 g ■ aanaaammawaiox•amass >.■aaa■aaar.waa■■■■■■■■■mum 4 i •111110 • IL IL .11 n••• 1.1111.111.01111. •••• ME MMMMMM liEil g ga aaa ■■11■LII■MOLIMM \\ a\\ \OCIMI■MIIMME■u ■■ ■ ■ura..a ■ ■MMOM $ ■IONIMMUSINIKuN\\a\■ 010001!■■a■■■M■a■■M■ ■u ■■u■■■■■ o so , ICI ■ LINNMM NaitgCSUINN\T►\�� M O ■■■■ } I M e►yam aM►\■OM\■ \`■■O SMMM OhM► ■a■■ U■ ■OOMME M ■ ■u ■ ■a■ It■ 11■ a■■ l\■■MOWOM O\■■ ►\► Vi ■11 ■i1.u1\ ■m\ eau ■\ ■\u \`■■MIMMIXONS Eu■ ■ ■■ ■ ■ ■ ■■■■ ■a■ua a 4 .• I1■\'■■\ m■\\■■ C■■\ a\ ■\S ■ \ \\s■C\MI► \M ■ ■a ■ ■ ■a.■ ■■aiaa ■ ■■ \ ■■ummum \ ■a\■\r� ummi\■ews\mammu■■■■m■■■ ■■ ■■ a■ Va ■ uM ■ j ■u , u v o � 4414§ m u■ a � ■�����■■ ■■■ ■•ummune Iraa■a■■ elm ■■ ■ ■ ■■■. ■..■■■■lea k ■■■■■■■■■■■■■■■■ ■■ ■■ ■■■■■■ ■■■■ ■■ ■U■■ ■ ■■ ■■■ ■ ■ ■ ■■ 0 so 1ao too 000 550 300 760 400 450 500 550 too ti a VILIFY 1ONMM1 VOLUME WPM Note: Where adlaoant eigneli stlon may provide opportunities for V TURNING VOLUME 1VTet1 E7pe In the traffic wean • reduction In the above atomise values can be considered on • ease try ass hula. SSFM International, Inc. -32- December 2008 Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center Figure 14 Guideline for Right Turn Lanes from Harmelink Curves Applied to Intersection of Old Kea'au-Pahoa Road at Kahakai Boulevard Warrant for Left and Right -Turn Lanes \•! ■ ■!■ AT GRADE, UNSIONAUZED IMeRGEC71m ?Y 1 ■!■!• u kcv,v. 1200 IL m, N.'E■.■ ■ • are b Turn on ° ape ng volume Lengths of WO VPH (MI.IMYM► 1111' \` \ \ \A�. ■!!. ■ ■!! ■■■ GAMMA= WARM REOUIREO VT 1 „1Ii1I \AbNC \\ ■M■ ■.•■ ■11 ■M■ 111111\` 1\119\ \!M ■ ■■•■ ■MM.■ ■• M1■.M.•■■ H Ifl&llt\% \ON1•1111M.11•■.•1..1!1.1•■ 11111 MI► TI\► 00 N.■ 11111111 11111 1 ■.■/...■.M.■■.....■1....■...1 1-11 .MmaiminweOmilMallimummEmmimmomummilmummarnimill 11118& I litiM ►\M•■•MM•I MMl11.11MM.M.11■.11 ■ ■MMMMM!•M. f. 1I1117Mm►\► \ ►w \\.\`O•■■ ■M.■■ ■M■ ■MM.■ ■.M ■M•■ ■.•■■1111 44 rI11MM1 IW NI\\\/\\`.■MMuu.uu■MM.....M..■ /..•11!1111•. F 3 . \.` ■ \ M\ \ \ ► \ \ \! ■!. ■.11.11 ■• ■. ■ ■.M ■.. ■!MM ■!!M ■!■ 9 BE MMMiOOio►�ii isII : 9 . 13 z ° 0O M. 111 MU LIII.••► n/•• ∎•V�•11•M.■MM.MI.MM•. ■•.MMMMMM■■ ■. l 11 ■ l`■\ M!u.. i11MM■ !►`►•1M11.•...■...M■..!.•M.■.■■■ in urn 111 i. . iMl•. •l�MM.c .•!!.M/l■ . ►••■t■••••••■M z so . n...�s.EEI...� •..:...�.. mum ■ 11•i•i mamma M m w• ►•ia.•.allsma■.■M1.■..■■UMuuu■na 11.11 ■••• ∎3••∎ •∎•∎ ••••• 0••• 001101 1■■.M■M. ■11• •11!• •■•• 1111 i t.■ OM ►• \`u.►u►`11IIM•►1.M..■.uu•.u••u uu■ llama' Imo min CMM \masa immix \a•CiV' .■.. ■ /.l..a...■ E ■.t• ■.1■.VI..LT.. \•1 ∎.111 \1,.Gi90M MAINE ■.MM•■!\\.!\•M!\MOMMI M.►` ■ \:IM►W1\\►. ■■M■ ■M■!■!■ Ell U• .• ■ \• •11\\•►Mlbx1111w1Ma`l•: N1111.fa.•l.!!a.M 200 ■■ \• I: iM 1 �■ �.. 1 \al'��lt, ' immummEmmummossm on no • or 11 milmmkoMmiskom• an a so +eo +w aeon em UM 850 400 450 000 ISO 000 .. �. viLEFT TURINNa VIXYaIE lush! Elota: When Idiom* alpnaysatisn may provide oppo tanftiq for yiwarT TIM MS VOLUME NM WP in the traffic swan a reducdon M the above storage values an he =widened on a ow by eau basis. As seen in Figure 12, the curves when read for the peak hours using the predicted 2012 traffic volumes at full buildout show that 35 feet are needed for the morning and 55 feet for the afternoon. So, the need for a right turn lane using these criteria is very marginal. Based on application of both sets of criteria, it does not appear that a right turn lane is required at the Old Kea'au-Pahoa Road/Kahakai Boulevard intersection. C. Traffic Signal Warrants A review was made to determine if the intersection of Old Kea'au-Pahoa Road at Kahakai Boulevard would warrant a traffic signal at full buildout of the project. This analysis was done by comparing future traffic volumes to the traffic signal warrants contained in the MUTCD. The traffic signal warrants in the MUTCD provide for several ways in which a location may merit further consideration of a traffic signal. Some of the warrants require criteria SSFM International, Inc. -33- December 2008 Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center to be met for at least 8 hours of a typical weekday, while others require certain thresholds to be exceeded for 4 hours or even one single hour. The text of the signal warrants from the MUTCD is included in the appendices. This location will be analyzed as a two -lane major street with a two -lane side street. This is in recognition of the need for two exit lanes on Kahakai Boulevard as indicated earlier in this report. Future traffic volumes were developed by taking the trip generation data and applying time of day factors. The ITE "Trip Generation" 7th Edition generally provides only morning and afternoon peak hour trip generation and does not provide data for other times of the day. In order to properly apply the signal warrants it is necessary to have traffic data for a full day so as to make sure the busiest 8 hours have been accounted for. The ITE "Trip Generation Handbook" does provide a breakdown of trips into and out of shopping centers by time of day. This data is provided in Appendix B. The time of day data from ITE was used along with the peak hour trip generation to develop a table indicating the percentage of traffic expected for each hour of the day from 7:00 A.M. to 6:00 P.M., corresponding to the hours of our field traffic counts. This table was used to estimate future traffic volume created at full buildout of the project. This traffic was added to existing and background growth traffic to arrive at the predicted traffic volumes for the intersection for each hour of the day with the Woodland project in place. The distribution of trips to and from the proposed retail areas and the existing service station may not match exactly the predicted distribution from the ITE for shopping centers, but it does give a guide to estimate the entries and exits from the Woodland project. Otherwise, only the two peak hours could be reviewed and many DOT's do not consider a review of peak hours as being sufficient to make a determination if a location will meet signal warrants. The only obvious alternative is to wait until the center is completed and operational and then do counts and a full analysis. The following Table 7 shows the traffic signal warrants for the Old Kea'au-Pahoa Road at Kahakai Boulevard intersection for a typical weekday for existing conditions without the 70 percent reduction factor applied. Application of the signal warrants for the future buildout results in Tables 8, showing which of the warrants would be met, based on the future estimated traffic volumes without the 70 percent reduction factor applied. SSFM International, Inc. -34- December 2008 Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center Table 7 Signal Warrants for Old Kea'au-Pahoa Road at Kahakai Boulevard at Existing Conditions in 2007, No Reduction WARRANT 1A IB 1COMBO 2 3 REQD. MAIN 500 750 400 600 SEE SEE BEGIN OLD REQD. SIDE 150 75 120 60 FIG 4C -2 FIG 4C -4 HOUR PAHOA KAHAKAI 1A 1B COMBO TOTAL BOULEVARD 700 322 53 NO NO NO NO NO NO NO 800 428 62 NO NO NO NO NO NO NO 900 404 41 NO NO NO NO NO NO NO 1000 487 88 NO NO NO NO NO NO NO 1100 478 59 NO NO NO NO NO NO NO 1200 510 59 NO NO NO NO NO NO NO 1300 567 72 NO NO NO NO NO NO NO 1400 493 71 NO NO NO NO NO NO NO 1500 497 45 NO NO NO NO NO NO NO 1600 573 79 NO NO NO NO NO NO NO 1700 446 70 NO NO NO NO NO NO NO HRS. SATISFIED 0 0 0 0 0 NUMBER REQD 8 8 8 4 1 WARRANT MET? NO NO NO NO NO S SFM International, Inc. -35- December 2008 Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center Table 8 Signal Warrants for Old Kea'au-Pahoa Road at Kahakai Boulevard at Full Buildout in 2012, No Reduction Factor WARRANT 1A 1B 1COMBO 2 3 BEGIN OLD REQ MAIN 500 750 400 600 SEE SEE HOUR PAHOA REQ SIDE FIG FIG 200 100 160 80 4C -1 4C -3 1A 1B COMBO KAHAKAI TOTAL APPROACH 700 477 99 NO NO NO NO NO NO NO 800 520 71 NO NO NO NO NO NO NO 900 552 83 NO NO NO NO NO NO NO 1000 687 122 NO NO NO YES NO NO NO 1100 704 114 NO NO NO YES NO NO NO 1200 759 132 NO YES NO YES NO NO NO 1300 800 148 NO YES NO YES NO NO NO 1400 716 161 NO NO YES YES YES NO NO 1500 702 127 NO NO NO YES NO NO NO 1600 795 163 NO YES YES YES YES NO NO 1700 668 151 NO NO NO YES NO NO NO HRS. SATISFIED 0 3 2 0 0 NUMBER REQD 8 8 8 4 1 WARRANT MET? NO NO NO NO NO SSFM International, Inc. -36- December 2008 Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center A summary of the application of the signal warrants is given below in Table 9. Table 9 Summary of Signal Warrants as Applied to Old Kea'au-Pahoa Road at Kahakai for Existing and Full Buildout WARRANT DESCRIPTION EXISTING BUILD (2007) (2012) 1A TOTAL VOLUME NO NO 1B INTERRUPTION OF TRAFFIC NO NO 1COMBO COMBINATION NO NO 2 4 -HR VOLUME NO NO 3 PEAK HOUR VOLUME NO NO As seen in Table 11, at full buildout of the project, none of the warrants are met for the intersection of Old Kea'au-Pahoa Road at Kahakai Blvd. As per the traffic signal warrant analysis and discussions with HDOT, a traffic signal is not warranted or proposed at the intersection of Old Pahoa Road at Kahakai Blvd. D. Recommendations As a result of the analysis of the data collected and the predicted traffic conditions, the following recommendations are made: The following mitigations are recommended at full buildout of the project: 1. Widening of the Kahakai Boulevard approach to Old Kea'au-Pahoa Road to provide for two exit lanes, one each for left and right turns. 2. Widening of the approach to Highway 130 on Old Kea'au-Pahoa Road to provide stacking for the right turn movement. This turn lane would have 75 feet of full width storage as indicated on the project site plan. 3. Widening of Old Kea'au-Pahoa Road to provide a left turn lane for traffic entering Kahakai Boulevard. This turn lane would have 125 feet of full width storage as indicated on the site plan. 4. Widening of Old Pahoa Road at Kahakai Blvd. to add a right turn lane northbound into Kahakai Blvd as required by HDOT. This lane would have 125 feet of full width storage as indicated on the site plan. Additional analysis was made of the future conditions in the year 2012 with the project built and with the recommended mitigations listed above. Traffic signals are NOT included for any intersections and all will continue to have stop sign control on the side streets. The results of this analysis are shown in Table 10. SSFM International, Inc. -37- December 2008 Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center Table 10 LOS and Other Measures for Future 2012 Build Conditions for A.M. and P.M. Peak Hours with Mitigations in Place A.M. Peak Hour P.M. Peak Hour Intersection Movement Delay V/C LOS Max Delay V/C LOS Max (Sec.) Ratio Queue (Sec.) Ratio Queue (ft.) (ft.) Highway EBd 8.9 .51 A 1 8.8 .49 A 1 130 at Fire WBd 0 .39 A 0 0 .36 A 0 Station/DM SBd 29.1 .11 D 12 26.3 .10 D 8 V Site To aT *; .4' .56 A NA .4 . 4" A NA NBd Left 174.5 1.24 F 564 141.8 1.16 F 359 Highway NBd Right 13.6 .31 B 22 13.1 .30 B 31 130 at Old EBd Thru 0 0.26 NC 0 0 .24 NC 0 Kea'au- EBd Right 0 0.26 NC 0 0 .26 NC 0 Pahoa WBd Left 11.2 .0.25 B 33 10.9 .23 NC 23 Road WBd Thru 0 0.20 NC 0 0 .18 NC 0 ,6 4_ . W* n A ;'= Old EBd Left 96.4 1.01 F 257 88.4 .98 F 241 Kea'au- EBd Right 96.4 1.01 F 257 88.4 .98 F 241 Pahoa NBd Left 9.3 0.12 A 10 9.3 .10 A 10 Road at NBd Thru 0 0.21 A 0 0 .21 A 10 Market SBd Thru 0 0.36 NC 0 0 .37 NC 0 Access /Old SBd Right 0 0.36 NC 0 0 .37 NC 0 Pahoa Spur x x 'dm r> '104' . a �. ....t '" = c r' S �: awe " °c . .. Old WBd Left 22.2 .35 C 38 20.4 .32 C 34 WBd Right 11.4 .25 B 24 10.9 .23 B 22 Kea'au- NBd Thru 0 .17 A 0 0 .15 A 0 Pahoa NBd Right 0 .04 A 0 0 .04 NC 0 Road at SBd Left 8.7 .17 A 18 8.5 .16 A 14 Kahakai SBd Thru 0 .19 NC 0 0 .18 NC 0 Boulevard NBd is northbound, e.g. NC - Not calculated by software. NA - Not applicable or not available from software. * ICU is Intersection Capacity Utilization calculation from Synchro for non - signalized intersections. The ICU provides a measure of overall operations for non - signalized intersections not currently available through HCM methods. See Appendix E for details. The mitigations are as per the County of Hawai`i ordinances referenced earlier. Despite the analysis indicated previously in this report, the ordinances require widening of Kahakai Blvd. to provide a left turn lane and a right turn lane for exits from the SSFM International, Inc. -38- December 2008 Traffic Impact Analysis Report With Traffic Signal Warrant Study Woodland Center Woodland Center. The ordinances also require a left turn lane for southbound traffic on Old Kea'au-Pahoa Road and that turn lane has been included in the analysis. The analysis indicated a right turn lane northbound into Kahakai Blvd. was not necessary but it was included as per HDOT. The mitigations do include widening of the approach of Highway 130 at Old Kea'au-Pahoa Road to allow for separate left and right turn lanes. As shown in Table 10, with the mitigations in place, the intersection of Old Kea'au- Pahoa Road at Kahakai Blvd. will operate acceptably at the morning and afternoon peak hours without a traffic signal in place. The LOS for left turns is shown as C for both the morning and afternoon peak hours. The LOS for right turns from Kahakai Blvd. onto Old Pahoa Road is shown as a B for both the morning and afternoon peak hours. The longest queue of either peak hour for the Kahakai Blvd. approach is shown to be just 38 feet. This indicates that the location of the first access to the Woodland Center need only be far enough away from Old Pahoa Road so as to accommodate a queue of two vehicles or a minimum of 50 feet. As indicated in Table 10, it is expected that the left turn movement from Old Kea'au- Pahoa Road onto Highway 130 will still experience delays and congestion, as indicated by the LOS F and the V/C ratio exceeding 1.0. However, in reviewing Table 4, it is evident that these conditions will occur even without the Woodland Center project in the year 2012. As shown in Table 4, the left turn from Old Kea'au-Pahoa Road onto Highway 130 will already have an LOS worse than D and a V/C ratio above 1.0 in the year 2012 without the Woodland Center project being built. As seen in comparing Tables 4 and 10, the LOS and delays for the right turn movement from Old Pahoa Road onto Highway 130 will be acceptable with the mitigation adding the 75 -foot right turn lane. It should be noted that delay values predicted by the Synchro model using the Highway Capacity Manual are not precise and are not reliable after V/C ratios exceed 1.0. Therefore direct comparisons of delays for oversaturated conditions (V /C exceeding 1.0) are not reliable. It can most generally be said that the calculated delays may not accurately reflect real world conditions when the V/C ratio exceeds 1.0. So, it can be said that the left turn from Old Kea'au-Pahoa Road onto Highway 130 will experience congestion and queues resulting from the demand exceeding the capacity of a stop sign controlled approach in the year 2012 even without the Woodland Center project. With this in mind, it is suggested that this project need not be expected to mitigate all future traffic impacts. It is suggested that HDOT and COH may need to review the traffic control at this intersection for possible consideration of a traffic signal or a roundabout. SSFM International, Inc. -39- December 2008 EMILY L NAEOLE- BEASOh ..... Phone. (808) 965 -2712 Vice Chair ,t 151 N.� Fax. (808) 965 -2707 Council District - ^ \ld Email. enaeole @co.hawaii.hi.us Mailing ddress: g It � <' �_'; � .'', Business Address: 25 Aupuni Street t ' ` ° ° ', ? r - f��� 15-2662 Pahoa - Village Road Hilo, Hawai `i 96720 • • oF; N� - Pahoa Marketplace, Room 304 Pahoa, Hawai `i 96778 Hawai `i County Council County of Hawai July 6, 2010 Windward Planning Commission County of Hawaii Aupuni Center Conference Room Hilo, HI 96720 Aloha Commission, I am writing to offer my support for Paul Ogasawara's, Manager of HNMP, LLC request for a 5 year time extension to complete construction of proposed Woodland Center commercial development. It has been explained to me that the extension is needed as it expired about nine months ago. Lau lima, i ht 4 4.1 4 04144 n Emily I. Naeole- Beason Councilmember 5 District Council Vice Chair SCANNED Serving the Interests of the People of Our Island a. Hawai `i County is an Equal Opportunity Provider and Employer _ d � • WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JULY 8, 2010 A regularly advertised hearing on the application of HNMP, LLC — PAUL OGASAWARA, MANAGER (REZ 698)was called to order at 9:10 a.m. in the County of Hawai`i, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai`i, with Chairman Rell Woodward presiding. COMMISSIONERS PRESENT: Rell Woodward, Dean Au, Takashi Domingo, Zendo Kern, and Wallace Ishibashi. STAFF PRESENT: Brandon Gonzalez (Deputy Corporation Counsel), Warren Lee (Director of Public Works), BJ Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner) and Maija Cottle (Staff Planner). And approximately 12 people from the public in attendance. APPLICANT: HNMP, LLC — PAUL OGASAWARA, MANAGER (REZ 698) Amendment to Condition B of Change of Zone Ordinance No. 03 -111 (REZ 698), which rezoned 4.901 acres of land from an Agricultural -1 acre (A -la) to a Neighborhood Commercial (CN -20) zoned district. The request is for a 5 -year time extension to complete construction of the proposed Woodland Center commercial development. The subject property is located at the junction of the Pahoa Bypass Road and the Kea`au -Pahoa Road bordering Kahakai Boulevard, Keonepoko Iki Homesteads, Pahoa, Puna, Hawai`i, TMK: 1 -5 -07: 20. Ms. Cottle oriented the Commission and public of the subject and surrounding properties on the location map and site plan, summarized the request and noted the Planning Director recommended a favorable recommendation to the County Council, with conditions. She added to Condition E that "additional improvements at the Kahakai Boulevard -130 intersection," and removed that "those improvements need to be completed prior to receipt of occupancy," and underlining the words "by January 2011." She noted for the record correspondence has been received from Tom Yeh dated June 29, 2010 with photographs as well as a site plan and some portions of the Zoning Code. WOODWARD: Any questions for staff? Okay, seeing none, if we could have the applicant and /or representative come forward. Good morning. YAMAMOTO: Good morning. MCELVANEY: Morning. 1 WOODWARD: If I can swear you in. If you'll raise your right hand. Do you swear or affirm to tell the truth today before the Windward Planning Commission? YAMAMOTO: I do. MCELVANEY: I do. WOODWARD: Okay, very good. If you'll use the microphone. And before you begin your testimony please give us your name and address. And, sir, would you like to begin? YAMAMOTO: My name is Jerel Yamamoto. My office address is 187 Kapiolani Street, Hilo. I am the attorney for HNMP. WOODWARD: Okay. You may begin, if you'd like. YAMAMOTO: Basically we're here asking the Commission to approve the conditions, or approve the request for a 5 -year extension with the conditions as recommended by the Planning Department. As indicated by the staff, the project is, at least the construction of the project is almost done. The additional time will allow completion of the site improvements. The offsite improvements are basically done except for additional things that are being worked on with the Department of Transportation and the Department of Public Works. We ask that this project be approved without any additional things being added on because basically the project is bringing jobs to the Puna area, it's bringing construction to the Puna area, it's providing needed retail and food service providers to the Puna area that doesn't already exist. It will allow Puna residents the opportunity of avoiding having to travel to Hilo or to Kea'au to get similar services; and the developer has been cooperating and working with required government agencies, has put in appropriate mitigative measures, and has been very sensitive to issues in the community. So we hope that the Commission will favorably act on the recommendation. It's our hope that the stores will open by the end of the year. WOODWARD: Very good. Do we have any questions for Mr. Yamamoto. I have one. You have, I assume you've received this recommendation and reviewed the conditions? YAMAMOTO: Yes. WOODWARD: Okay. Are the conditions as stated acceptable to you? YAMAMOTO: I believe they are. WOODWARD: Okay. All right, sir, if you'll give us your name and address, and you may begin your testimony. MCELVANEY: Yes, yes. I'm John McElvaney. My office address is 101 Aupuni Street, Suite 1001. I'm the owner's representative and the project management consultant. As such, I've been completely in touch with everything that has gone on from 2007 when we first began till now. 2 WOODWARD: All right, do we have any questions? Okay, no, seeing none, thank you gentlemen. You may be seated. Okay, we do have eight people from the public signed up to testify. We would like to give everybody a chance to testify and still get through the agenda. So please limit your testimony to three minutes. And if you run significantly beyond, I will politely ask you to summarize. We have four seats up here, so let me call the first four who have signed up to testify. Thomas Yeh, Myke Metcalf, Brady Metcalf and James Weatherford, if you'll come up and have a seat. All right, good morning. If I can get you to raise your right hand. Do you swear or affirm to tell the truth today before the Windward Planning Commission? TESTIFIERS: I do. WOODWARD: Very good. Okay. And we ask that you give your name and address as you begin your testimony. And, Mr. Yeh, you signed up first so, Tom, you've got it. YEH: Thank you, Mr. Chairman. And good morning, Mr. Chairman and Members of the Commission. You know, I often come before this Commission seeking a balance of traffic related conditions, on the basis that sometimes what's suggested is more than what's required of the circumstances. In this event, this particular application really presents a perfect traffic storm that's going to arise if the Commission and the Council do not require concurrency of some of these traffic improvements that have been, at least are still being worked out between DOT and the applicant. I want to make clear that the Metcalf Family Limited Partnership on whose behalf I'm speaking is not opposed to this project. If we had been opposed to this project back in July, back in December '09 when we pointed out to the applicant that they had exceeded the time conditions because of the situation of jobs and those kinds of issues, the word state, given the economy -. All that the Metcalf family is doing is asking that you consider before approving this particular extension request, imposing reasonable conditions that are directly tied to the traffic impacts that are related to this project. A lot has happened since 1991 since this zoning was first started. Now the Metcalf family has been operating Pahoa Auto Parts since 1987. They have a first driveway -. Now what I've provided to you was kind of a pictorial exhibit that shows where their first driveway is. Mr. Metcalf, Myke Metcalf will show you some photographs later. But basically there are three things that we're saying should be dealt with here. One there's a concurrency ordinance in place which the County adopted. And the reason I provided to you a copy of the pertinent provisions of the Hawai`i County Code is if you take a look in Section 25 -2 -44, what it talks about is the Council's ability to impose conditions on the use of the property. And then if you look at Subsection b, it says changes or alterations of conditions of any change of zone ordinance shall be processed in the same manner as the zone change. You then look at Section 25 -2 -46 which has these concurrency requirements that we've raised. And what it states there is that on Subsection B again, this section applies to any application for change of zoning district or for any extension of time to perform a condition of zoning, which is before this Commission now. So if you read those two sections together, they are exactly designed to fit the situation that we have before you, which is changed circumstances, greatly increase traffic conditions, Pahoa Market place having come in and adding traffic to a currently bad situation. The intersection of 3 Highway 130 and Old Pahoa Road has now the highest traffic accident rate in the State of Hawai`i. What we have here before you is a t- intersection, if you take a look at that diagram, with a stop sign. The problem for the Metcalf's is you're going to have traffic coming in, a stream of traffic, major conflicts existing. The fact that the applicant is now working with DOT to go put together this opening to the Bypass is good thing. But let's look at the reasons why they are requesting an extension of time after the opening to put this in. In July of '09 when this project was supposed to have been completed there was nothing on the ground. Those photos that you've seen depict that. In December of '09 when we sent the letter to the applicant telling them you passed the time condition, we sent a copy to the County, noting happened. Between then and April when the applicant finally submitted this extension request, they did, they worked hard to go put the improvements in. And now they're standing before you saying, gee, give us a break, we want to be able to open this project and create a big traffic mess and have until January 1 l to go fix that. What's going to happen in between? And I can guarantee you that when this project opens and the public gets into accidents and there's a major issue, and give me about another minute, please, the public is going to be asking the County, and the Council, and Public Works what happened here? So really the question before you is given the standards and the requirements of the concurrency ordinance, given the condition that we have there, what should this County do? Fine, provide the time extension, but let's look at what kind of mitigation measures are required, and let's implement it concurrently. If you look at Conditions C and D of the existing ordinance, it talks about requiring that sidewalks, curbs, gutters, and other improvements be done prior to the certificate of occupancy. Are those really the major issues that we have here? And if those were required prior to certificate of occupancy, why not this opening to the Bypass? That's basically our position on this thing. Thank you. WOODWARD: Okay, thank you, Mr. Yeh. Do we have any questions for Mr. Yeh? Okay, seeing none, Mr. Myke Metcalf, you're next. If you'll give us your name and address, please. M. METCALF: Myke Metcalf, PO Box 1301, Palma. My brother and I own the Auto Parts Store directly across the street from this project. We've been there for 12, 13 years. We've watched that intersection from its inception. It is the worst intersection in the State of Hawai`i. And by the County's own traffic impact analysis in 2006 it's rated 2 %2, 3 %2 times the minimum requirement for an LOS F rating. That was three or four years ago. There's pretty close to an accident a day there. I mean before the Long's building went up, we could see them, we could hear them. And that's bad enough. But three weeks ago to the day at 5 o'clock in the afternoon, I got to feel it. Tourist, his wife, two daughters from Montana cleaned me out at 50 miles an hour, after I had already cleared the intersection. If my passenger hadn't screamed and I hadn't moved forward six feel she would have died in my truck. You would have had six people in that intersection. You've got one ambulance 1300 yards up the road, the next one is ten miles up the road, the next one is in Hilo. You have six people in a -. I mean this is not an "if' thing. This is "when." You're going to have the accident. I mean nobody wants to see tourists spread all over the highway. And I know that intersection better than anybody. I go through it multiple times a day; and I still got hit, and I was clear out of the intersection. He had a choice of taking a head -on from a car that was 4 engaged in the intersection behind me or taking out the back end of my truck. He hit me so hard he did $15,000 worth of damage to the back of my Toyota. If an accurate traffic assessment had been done for this project, every intersection in this project area would have an LOS F rating. We did four years ago, they do now. I appreciate the mitigation on opening up the bottom of Kahakai. But, I mean, that is not, as Mr. Morioka said in his letter to the Commission or the Director, that's not solving the problem. That's keeping the intersection at its present state which is poor, unacceptable. I mean if you don't do that, you're sending people out into that intersection by force, into an intersection that can't handle the volume that it has right now. If you look at the pictures here, they said 85 percent of this construction is complete. One hundred percent of that construction was after their permit expired last July. They had not even broken ground yet. You have the photos in front of you. You can see the traffic in, towards the back there. I mean I'm not trying - but it shows what the traffic is going to be like. They back clear up into the intersection. They back out into the intersection. When the tsunami alert was that Saturday morning, no work traffic, no school traffic, they had two accidents in four hours at the top of Kahakai Boulevard, in that short morning period on a weekend. That's going to be an everyday occurrence all day long. There's no way in, there's no way out. Malama Market Place will be the landlocked. If you have one accident anywhere in that project, you've got gridlock. You've got no way in, no way out, even for emergency vehicles. Okay, I'm sorry. Thank you. WOODWARD: All right, thank you. Any questions for Mr. Metcalf? LEE: Mr. Metcalf. WOODWARD: Yes. LEE: Just a little clarification for the record. When you refer to the intersection what is that intersection? M. METCALF: Old Pahoa Road and Highway 130. LEE: Thank you. WOODWARD: Thank you, Director Lee. Any further questions? No? Okay, Mr. Brady Metcalf. B. METCALF: Good morning. My name is Brady Metcalf. My residence address is 15 -2707 Old Pahoa Village Road. I live about 150 yards from this intersection of Kahakai Boulevard and Old Pahoa Village Road. I have made numerous 911 calls because of accidents in that intersection, both during business hours from my business, which is right next door, the auto parts, and from my home at night. It's a dangerous intersection already. And when we experienced the opening of the Malama Market Place and the Subway Sandwich Shop they have 5 there, we had traffic backed up literally to the Highway from the parking lot. People don't wind up into the parking lot. They lined, backed them up, back out to the Highway. There's no reason to assume that Long's Drugs with their drive -thru and Burger King and Kentucky Fried Chicken with their driveway -thrus are going to generate less traffic than a Subway Sandwich. And this already dangerous intersection or series of intersections are overtaxed as it is with the traffic burden on there. And I'm just trying to prevent unnecessary damage to property and injury that will occur if these improvements are not implemented before the certificate of occupancy is given. I don't see how there's not going to be an increase -. Since 1991 we've had a huge increase in lower Puna of population. So whatever studies were done before that time, our population has gone up. It's the fastest growing area in the State. We have a traffic mess that they've modified several times going into Malama Market. And this other intersection I'd say it's like 150 yards away, with turn lanes, there's no traffic light, there's no, people drive crazy anyway. I mean they're just, they don't do the common sense thing. When they get backed up to the traffic they do crazy things. And I've seen it. I've seen the accidents, I've seen the results. And I don't want to see any more property damage or injuries on my front door step. If we can avoid it, you know, that's all I'm saying here. I mean Long's Drugs will open, and it will be a good thing for the community. But I think that these improvements to the roads should be implemented before they are allowed to open their doors because they are going to generate a huge amount of traffic. And the first month will be insane; and every month after that. I mean, Long's drugs, CVS, they know how much traffic comes through one of their stores. They could tell you. I don't. I don't have those statistics. But, I mean, if you took the average of Long's Drugs Stores from the State of Hawai`i, and their traffic, you took the Burger Kings and the KFCs and averaged out their, you know, island -wide operations; and, you know, you can get a good idea of what kind of traffic is going to go through these places. And it fits on paper and it's going to be a good thing; but without proper traffic mitigation my concern is that there will be unnecessary injury and property damage. We've already had one man lost a leg at the intersection over there by Malama Market and Kea'au. But, and I thank you for letting me speak this morning. WOODWARD: Thank you, Mr. Metcalf. Any questions? All right, seeing -. Commissioner Domingo? DOMINGO: Thank you, Mr. Chairman. Let's see here. Comments from the Department of Transportation, State of Hawai`i, it's stated that, "We recommend that the County impose the following conditions of approval for the 5 -year time extension," and it goes on to read, "Improvements to Route 130 shall include reconnecting Kahakai Boulevard to the southeast bound Route 130 with a right -turn in/right -turn out configuration and providing a dual purpose auxiliary lane on southeast bound Route 130 from Pahoa Village to Kahakai Boulevard. This dual purpose auxiliary lane will be an acceleration lane for vehicles turning right on Route 130 from Pahoa Village Road, a merge lane for vehicles traveling past Kahakai Boulevard, and a deceleration lane for vehicles turning right into the reopened Kahakai Boulevard. The right -turn 6 out from Kahakai Boulevard shall be a channelized acceleration lane with a paved striped island." You guys feel that this would perhaps address the concerns you have? YEH: Mr. Domingo, if I can kind of respond to that. You know, part of the comments that we made was that it is good that the DOT has now recommenced that. We were, never saw that up until about a month ago. One of the issues that we've raised is that the concurrency requirement says that when you have this kind of an issue come before you with these changed circumstances, you really need to have a pretty good traffic impact analysis that provides not only assessment of what the conditions are now or will be, say, five or ten years from now, but also a presentation of what alternative mitigation measures might be. Now it sounds pretty good to us that that's the case. But in the absence of a proper TIAR it's very difficult for us to be able to talk in a vacuum. But I will say this, is that even assuming that, you know, we come to the conclusion that that is the best option at this point in time, it still behooves the Commission and the Council to say, okay, that sounds really good, but you've got to do it now. DOMINGO: I think this rezoning was acted upon in 1991, that's a long time ago. And certainly within that time until the present many changes have taken place; and the entire picture or major part of the picture has changed from 1991. So what you're saying is that a traffic impact analysis should be done, a study should be done, and that the concurrency requirements as provided for in that ordinance be applied to this application so that all the concerns that you folks have expressed can be addressed? Is that what you guys are saying? YEH: That's correct. And that's, if you take a look at the purpose section of the concurrency ordinance, that's exactly the spirit and intent because it specifically and expressly applies to extension requests. DOMINGO: I can understand also, you've mentioned that as you read the ordinance should there had not be an application for extension then all of this wouldn't come into the picture. And if they had then built the project and completed the project and met all the conditions, all the deadlines, then they wouldn't have been saddled with this whole requirement. YEH: Perhaps. Except I suspect that by, as a result of whatever they needed to do or whatever they needed to do that deal with traffic impact kind of issues, they would have had to talk to the Planning, to Public Works, as well as DOT. Part of the reason that we submitted that letter was to require them to come before this body and the Council, to be able to provide the kind of scrutiny or level of scrutiny that was required given the fact that they had already gone past basically two extensions. Cause if the Commission recalls, this ordinance was adopted in 1991. There was, I believe, another extension in 2000, and then subsequently another extension in 2003. And so the Council in recognizing that when you have these changes and circumstances you then need to reassess what the then thing existing conditions are. And that's why it's good that we're now before you having this opportunity to be able to raise these issues. Because if we hadn't done that, where would we have been at that time? DOMINGO: Well, as I look at it, if the project was already completed and built and now we're faced with this, with this situation, then I would assume the County or the State would have to step in and then through tax payers' dollars put in those improvements. 7 YEH: I'm not sure about that assumption. Because even on the plan approval which had an expressed condition that tied that plan approval to compliance with this Ordinance 03, that time condition expired there. The time conditions that apply to the construction of the roadway improvements on Kahakai expired a year ago. Not until the Metcalf family said, hey, wait a minute you guys gotta take another fresh look at this ting. We would have a big mess if we weren't here, sitting here today and looking at these issues. I guess that's my point. And then the question is should the County and the State have been saddled with those kinds of costs that are triggered as a result of this particular application? WOODWARD: Okay, thank you. Mr. Weatherford, your turn. WEATHERFORD: Thank you. My name is James Weatherford. I reside at 15 -1886 6` Avenue in Hawaiian Paradise Park, Kea'au. And I have a farm in Pahoa, also, and travel through this area at least once a day. As a member of the community, the first question I have to ask — have the previous conditions been adhered to? And, of course, as it's clear they have not, I have to ask why? And it brings to my mind a question as to whether the project has been conducted in good faith with the laws and regulations that our community depends on. This extension request has come late, it has come very late. And, again, it's an issue of credibility. And I take issue with the comment by the attorney earlier that this development -- although 1 don't oppose development per se but just another question of credibility -- it was said that residents will have to drive, would have to drive beyond Pahoa to get the services provided there. That's not true. There's a pharmacy in Pahoa, and there are food service establishments in Pahoa. So, again, I have to wonder about acting in good faith. The result we see now is there is a real impending calamity of traffic snarl there. I don't know if any of you have ever experienced this, but it is really, really quite shocking. It's an issue of safety. And in my understanding it has already impacted the Metcalf s business because when the trucks and the cars were jammed up in the construction area there, their customers simply cannot get to their store. If a customer can't get to your store they're not going to buy something. And if they don't buy something you won't have a store pretty soon. I'm asking as a member of this community that the Planning Commission do the right thing. You have an opportunity to partially redress the problem. We need conditions here, and at the expense of the developer by the way, for taking care of the traffic problem that will occur. And this needs to be done, of course, prior to the certificate of occupancy, prior to the opening of the commercial development. I look forward to patronizing Long's Drugs myself if I need to, and that is not the issue. The issue is that this has not been done right. You have a chance now to redress at least some of it. Please do that. Thank you. WOODWARD: Thank you. Any questions for Mr. Weatherford? Commissioner Domingo. DOMINGO: Mr. Chairman, just for information, the Police Department, or what I'm hearing here now is totally different from what the Police Department has said in response to the request. It said, "Staff upon reviewing the provided documents associated with the requested 5 -year time 8 extension does not anticipate any significant impact to traffic and /or other public concerns." You know, that's totally different from what I'm hearing today. WOODWARD: All right, any further questions? KERN: Mr. Chaiiinan? WOODWARD: Yes, Commissioner Kern. KERN: Yes. So I guess we're faced, I've heard that you want the improvements made before certificate of occupancy; and then I've also heard that potentially a TIAR report, a new one. I guess that's kind of a brass tax -. Like what's the real, I know traffic is an issue there, obviously, and that's the concern. So is it if the conditions were fulfilled prior to the certificate of occupancy would everybody be happy? YEH: I think that would go a long way towards solving or resolving an issue. The reason we point out the TIAR issue is because, you know, if you look at the Ordinance, that's what it requires. I think our position is that, okay, if you're not going to require that but recognizing the DOT and after say Public Works did submit comments also saying that traffic mitigation requirements are required, it's going to be a big mess. If you're at least going to take that position, then require this concurrency. That's just a given. It's a common sense issue. WOODWARD: Okay. Let me ask a question, and really maybe anyone can answer, but maybe Mr. Yeh you may know more about this. We do actually have a traffic impact analysis report from 2008. What are your comments about that? And I've looked through the, we just got it this morning, I guess. YEH: Right. Well, my comments are that, is this, is under the concurrency ordinance the TIAR is supposed to be no older than six months as of the time the application. No. 2, the 2008 report was based on 2006 traffic counts. No. 3, there was no presumption or assumption in that 2008 TIAR that there was going to be a drive -thru at Long's, there was no information then existing that there was going to be a KFC and a Burger King. So now knowing what we have there, and the fact that we do in fact have changed conditions between 2006 and 2007, that's kind of my response to why that 2008 TIAR may not be a valid assessment, nor did it provide what we consider to be full -blown set of mitigational alternatives as required under the ordinance, which has a certain set of standards for those kind of reports and assessments. WOODWARD: Well, they had basically four recommendations here for mitigation: One is widening of Kahakai Boulevard approach to Old Kea`au -Pahoa Road. Two, widening of the approach to Highway 130 on Old Kea`au -Pahoa Road. Three, widening of Old Kea`au -Pahoa Road to provide a left -turn lane for traffic entering Kahakai Boulevard. Widening of Old Pahoa Road at Kahakai Boulevard, to add a right -turn lane. That's what they said. YEH: And it didn't include the opening into the Bypass. So just an example of being able to take a really hard look at what all those alternatives are. 9 WOODWARD: Okay. Any further questions? All; right, you gentlemen may be seated. We'll call the next group of testifiers. We have four more, Gregory Smith, Joyce Folena, I guess it's J. O. Sumida, and Jiro Sumada, sorry if I butchered your names but -. Oh, we have one person entered twice. They just spelled the name differently. Okay. All right, if you all will raise your right hand. Do you swear or affirm to tell the truth today before the Windward Planning Commission? TESTIFIERS: I do. WOODWARD: Very good. Okay, Mr. Smith, you signed up first. If you'll give us your name and address, and then you may begin. SMITH: Yes, sir. My name is Gregory T. Smith. I live in the Pahoa area, past Pahoa, south of Mile Marker 10. My mailing address is Post Office Box 2005, Pahoa, Hawai`i. As a citizen, I have a real question about this development, particularly when it comes to the road infrastructure. Now being just the normal citizen, I assumed infrastructure meant road infrastructure. And the problem with this development is not the businesses or the fact that Mr. Ogasawara worked really hard and wanted to develop his property. I have no problem with that or the businesses whatsoever. I do have a problem when my safety is impacted by a development, I'm very concerned. Because on that same intersection, the intersection of Old Pahoa Road and Highway 130, we were in two near accidents, my partner and I, Joyce, coming within inches of being hit. All right? Now being the dummy that I am, the dumb citizen that I am, I assumed that my County and my state officials will look out after our interests, primarily one being of safety; and roads are safety. The point of the matter is that these, the whole area, the Highway 130 intersection, the Malama Market intersection, and the Kahakai -Old Pahoa Road intersection right in front of the, adjacent to both the Longs and Pahoa Auto Parts, are extremely unsafe intersections. On the morning of the tsunami, we had to wait 5minutes. We were thinking like everybody else, oh, we're going to run down, get some fuel in case, you know, in case we can't get fuel. And we had to wait five minutes to get to that intersection. It was jammed up as the photographs from the Metcalf's point out, all the way in to Old Pahoa Road down into the Ogasawara's gas station. And, according, and we checked it out, yes, there were two accidents that morning on, you know, that morning in four hours, two. So the point of the matter is I've, you know, I've lived in many different states and there is always a contingency clause in any development and that means, and particularly where I came from in California, you don't lay, you don't even build the first building unless the road infrastructure is in first. I mean the concrete is laid, there's no promise -. It's there before you start your construction, period. And it has been that way ever since, other states. I've lived in eight different states, just to buy that. Okay. This is a disaster ready to happen. And we do, you know, I really appreciate the Ogasawara's opening up, you know, Highway 130 to Kahakai. That's a help. But that is only a little bit of the medication. That just might make the road workable, possibly. But if one accident happens at any one of those intersections, that whole place is gridlocked, period, end of conversation. And if you have serious injury, how the heck are you going to get your emergency vehicles in? Anyway, thank you so much. 10 WOODWARD: All right. Thank you, Mr. Smith. Do we have any questions for Mr. Smith? Okay, seeing none, Joyce Folena, you're next. FOLENA: Thank you, sir. My name is Joyce Folena. I've been a resident of Hawai`i for 26 plus years. My Post Office Box 2046, Pahoa, Hawai`i, 96778. I live south of Pahoa. I've been there for, gee, almost 11 years. I thank you for the opportunity to speak. The folks that have spoken before me, including the attorneys and the representatives of various business establishments, have been very clear in what they said. And I'm going to add to their testimony with what I feel as a community member and the fact that there is no other route except Highway 130, the Bypass, or Highway 130 at Mile Post 10 entering Pahoa Village Road going through Pahoa. We have no other routes. We have no other choices. I would like to say I demand something but I have to say I'd ask for it. But as the citizen of the United States and of the State of Hawai`i and the County of Hawai`i, I have an assumption that the first priority is public safety over development profit. And I don't have any feelings of animosity towards Long's Drugs Store, or Burger King, or Kentucky Fried Chicken, or the developer, or Mr. McElvaney. What I do have terrible, terrible fears about is that if that development opens before Kahakai Boulevard is opened to the Bypass we're going to have serious traffic problems augmenting an already seriously hazardous traffic area because of Mile Post 10 receiving that F LOS (level of service) way back in 2006. Because of Malama Market intersection, which I believe is called the Kea`au -Pahoa Old Road intersection with Pahoa Village Road, that is an extremely dangerous intersection. In my untrained and civilian attitude Kahakai Boulevard reaching Pahoa Village Road, the improvements there are deficient. We need a signal light. There are no additional turn lanes from Kahakai Boulevard mapped into, or completed, or constructed to Pahoa Village Road. That's a kind of a little intersection to handle the additional traffic that absolutely will be generated when Long's Drive -in window capacity and foot traffic opens, when Kentucky Fried Chicken opens and when Burger King opens. We have to make allowances for the additional traffic that will be generated by this development when this development opens. If they open in November to take advantage of the Christmas and holiday rush, and people make a lot of money, people make tons of money at Christmas, before Kahakai Boulevard is open, I dare say that the liability to the County, the State, and the developer are extremely high. May I have 30 seconds, sir? WOODWARD: All right, sure. FOLENA: Thank you. The guard rail is not in place with an elevation drop with 12 to 13 feet between the border of Pahoa Village Road and Woodland Center's property. I've spoken to DOT's representatives about that, and they've assured me that that is going to be mitigated -- I hope that's what Jiro was talking about in that brief phone call -- and that the guard rail will be in place before they get their certificate of occupancy. That's a distance from Kahakai Boulevard - Pahoa Village Road intersection for approximately, I don't know, a few hundred feet, almost half way in my untrained eye, to Mile Post 10. Thank you. WOODWARD: All right, thank you. Do we have any questions? Okay, no. Seeing none, okay, Mr., is it Sumida or Sumada? You were spelled two different ways here. 11 SUMADA: Sumada. WOODWARD: Sumada. Okay, if you'll give us your name and address; and then you may begin, sir. SUMADA: My name is Jiro Sumada. I'm the Deputy Director for the Department of Transportation, Highways Division. Address is 86, 869 Punchbowl Street in Honolulu. I'm here today to provide testimony in favor of the time extension for this development. I also have staff with me here too in case there are questions that come up; and I'll probably ask our Highways Administrator to come up for those questions. Again, the Department supports the time extension request. We also ask the Planning Commission to include the requirement, additional requirement, for the developer to construct a right -in and right -out. Before I address the issue of concurrency, what I'd like to do is just to provide the Commission some history. The traffic conditions surrounding the development for our State Highways -- namely the Malama Market intersection as it's commonly referred to, but we classify it as Old Government Road intersection with Highway 130 -- in addition to that intersection, and the County intersection roadways in this development area, there are traffic problems existing right now. Before Mr. Ogasawara initiated his development, they have traffic problems. We know about them. We have projects on the books that are geared at least for State Highways to try and mitigate those traffic concerns. When we were presented with this time extension request I received calls from members of the community, namely Joyce Folena and Greg, expressing their concern that once the Woodland Center opens the existing traffic problems will get worse. And I tend to agree with that, that the traffic concerns will increase. About a month ago, based on some of these phone calls, and it wasn't just from Joyce and Greg but from others in the community, we called a meeting. Knowing the timeline that we had for our projects on State Highways to mitigate some of the traffic concerns, we called a meeting and we met with the County Public Works Department. We brought together our traffic experts from State Highways, the State Highway Traffic Engineer, and also the County Public Works Traffic Engineer. We kind of all sat around in the Public Works Conference Room and we said when the Woodland Center project opens the existing traffic problems are going to get worse. What are some solutions that we can come up with? Forget who owns the road, forget who has to fund the project, what are some solutions? And we came up with one. And that was the right -in /right -out that is going to be constructed by the developer. To provide a right- in/right -out at Kahakai intersection, create an intersection at Kahakai and 130; and I have a drawing that's available for the Commissioners. Once I got agreement from both the County Traffic Engineer and the State Highway Traffic Engineer that the best solution, most immediate solution for this situation was the right -in and right -out at Kahakai, then the issue came up of who's going to do it. Now if, because it's a pre- existing condition, the traffic problems in this genera area, we recognized that any improvement on the State Highway should be initiated by us. And like I said, we do have projects on the books that deal with traffic concerns in the area. Those projects at this particular time didn't address connecting Kahakai to 130. Okay? But when we met with the State and County Traffic 12 Engineers, their proposal was to create this right - in/right -out at Kahakai, to connect Kahakai on the mauka side to 130, okay, to address the immediate concerns. Again, so the issue became who was going to fund it and who is going to construct it. If we, State Highways, initiated a project to do that, we anticipate it will take us anywhere from eighteen months to two years to do it. So that's how long our process is of going through design and procurement process to hire a contractor to do the work. Eighteen months to two years, if we had to do it. Then we turned our attention to the developer to see if they would be willing to do it; and if they did it, they'd fund it on their own dime, and they'd fund the whole thing. No contribution from the State because if we got involved then we'd enter into a memorandum of agreement, and that would take time also. So the concern about the urgency of the thing drove us to approach the developer, and we met with them a few weeks ago. And they agreed to do this, knowing full well that their responsibility to mitigate the traffic is only for the incremental increase in traffic created by the development. They're not responsible to fix the pre- existing traffic problem which we know about in State Highways. But they were willing to do this as their contribution to their community. It also helps them as a business because it provides this direct access from the Highway. But, regardless, they were not responsible to pay for the entire thing on their own nickel. Okay? But working with them, they agreed to do it, which we were very appreciative of. Then became the question of how fast can you do it. And the main issue came up that we wanted it done before Long's Drugs opened. So then it became, well, how fast can they design it, get it permitted, and start construction. Now we met in June a few weeks ago and at that time the issue was, okay, well, you know what, Jiro, give us six months at least, you know, even if they told the design engineers stay up all night and put double shifts on your draftsman or cad operator and get it done. Okay, fine, but then now State Highways has to review it, County Public Works has to review the plans. Okay, so we're going, we're working with them right now to quench down that schedule of our review time needed to get the plans approved. So then again it turns out to be, okay, how soon can they get this done. Now we initially when we met with them, we told them we want it done before Long's Drugs opened. Go back and forth about what's reasonable, what can be anticipated as far as how fast they can get bids from three different contractors, to make the whole project work for them. Anyway, they came up with, okay, fine, how about January 2011? That's how that January date got inputted into the condition. Okay, while all our efforts that we're going to do on behalf of State Highways to make sure what our role, we're going to turn this project around as fast as we can as far as the design review, and as far as permitting. The goal is still to finish it before Long's Drugs opens, this right - in/right -out. Just to be safe to meet the developer's request, that's how the January 2011 was put in. So our recommendation is that the Planning Commission recognizes a reasonable construction time to deliver this right -in /right -out that's going to be paid for by the developer to be included in the condition. That's our recommendation to the Commission. And that's a little history. I'm sorry for, Mr. Chairman, for exceeding my three minutes but -. WOODWARD: That is okay, Mr. Sumada. Do we have any questions? I'd like to make one state. First of all, thank you for two things that we rarely see in government. That is thinking outside the box and problem solving. And I think you have worked to do both; and I applaud you for that. That really makes a difference. It wasn't well, no, we can't do it, or it's going to 13 take us two years. It's how can we get around all this stuff. Well done. Any questions? Commissioner Domingo. DOMINGO: Thank you, Mr. Chairman. Mr. Sumada, what about the pre- existing conditions that exists today? SUMADA: As previous testifiers had mentioned, the intersection at Government Road and Highway 130 is a major concern for the State Highways. It is a site of a lot of crashes. Due to the way we count these crashes the close proximity of the Malama Market intersection is kind of like counted in that total. The projects that we have on the books in the future are going to look at not just that intersection but they're going to look at the whole four intersection locations all at once to try and figure out what's the long -term solution to make this whole area operate safer and more efficiently, recognizing the businesses and the type of activities that are going on there. So we do have in our plans an effort to makes those types of improvements. And in actuality that's how a lot of the community provided input to me and how members like Joyce and Greg have gotten my cell phone number that they call me about twice a month to remind me that I better hurry up and start making these projects happen. And so, well, we recognize the community's concerns and we are making efforts to accelerate those projects. DOMINGO: There's no timetable? SUMADA: There actually is a time -. I don't have all the different projects that we have. There's actually about five of them that we have programmed between now -. And I think the first one comes on line maybe 2012; and then the major one that we're working with the community on is the Kea`au -Pahoa improvement project. That major project is programmed to be finished in 2018. So we think between 2012 and 2018 there would be about five safety and capacity projects that State Highways will be undertaking. It's just the concern about the Woodland Center Development opening created this urgency that we needed to do something now before 2012. DOMINGO: So these are anticipated improvements that would go far beyond into the future, and taking into consideration the potential growth that's taking place right there? SUMADA: Yes. DOMINGO: And the whole Puna area? SUMADA: Yes. And, in fact, when we analyzed this, if you look at the drawing that I have, the green shaded roadways are the, they're both State and County roads. We didn't distinguish them; and we didn't have time to differentiate the two. But when you look at it, there are basically four intersections that we're dealing with. Okay, the highlighted blue one, that's the new construction that the developer is going to undertake for the right -in /right -out to connect Kahakai to Highway 130, because that connection doesn't exist right now. It's a deadend. When we looked at these four intersections to look at the longer improvements, we're also going to come up with not only what we're going to do on State right -of -ways, thus the Kea' - Pahoa Highway 130, but we're also going to make recommendations on what the County can do on 14 their intersections. Now the timing when they can make those improvements, you know, it's up to their budget and their CIP Program. But at least there will be a total picture of what needs to be done. WOODWARD: Okay. Any further questions? Commissioner Au. AU: I just have a quick question. And I just want to know what's the projected cost for the developer cause you guys are speeding this up. So I'm just wondering what the projected cost is, if you guys even have a number. SUMADA: Well, right now, the ballpark figure that we have in talking to their consultant is between $360,000 and $400,000. WOODWARD: Okay. Director Lee. LEE: Mr. Sumada, Ms. Joyce mentioned a conversation with you about putting up a guard rail. Is that, she mentioned that that will be done before the certificate of occupancy is issued. So is this in relationship to the January 2011 date that you referred to have this completed by? SUMADA: You know, I know Joyce mentioned that to me, and I was meaning to get back to her about finding out exactly where this guard rail that she's concerned about is located. And we can have our staff look at it. It's off of Old Pahoa Village Road? FOLENA: May I speak? WOODWARD: Yes. FOLENA: The absence of the guard rail is from Kahakai Boulevard intersection with Pahoa Village Road. From that corner, sir, all the way a few hundred feet, almost half way, a good 1/3 of the way, between 1/3 and 1/2 to Mile Post 10 mile marker. This section here, Jiro. And there is a notation on the plans of the development in proof, as well as a site, of a difference of elevation, from the side of Pahoa Village Road and the parking lot floor of Woodland Center, a difference of elevation of 12 to 13 feet. My point is that traffic is now traversing using Pahoa Village Road, and it's a very dangerous situation with no guard rail in place. We'd like to know if the developer has plans to put it there. Was that part of the contingency of the developer paying for improvements to that portion of our roadways? And if not, is State going to do it, and when are they going to do it? Because, Mr. Sumada, whom I respect greatly, is involved with this, because that's a State portion of the road, Pahoa Village Road. SUMADA: So in response to Mr. Lee's question, we can meet with Joyce later and find out exactly what's going to be done, either by the developer or us. LEE: Thank you. WOODWARD: All right, thank you. Do we have any further questions? Okay. All right, these are the people that have signed up to testify. I just want to make sure everybody who wanted to 15 testify has had a chance. Okay, we could have the applicant come back if they wanted to respond to any of these statement. Okay, you've already been sworn in so -. YAMAMOTO: This is Jerel Yamamoto again. I'd just like the record to reflect that HNMP did not pick up the property until I think about 2000 or thereabout. Prior to that it was owned by, I think, the Kaneshiro family who was the prior owner of Food Fair Super Market. And it was always the original intent, I think, when they went in for the rezoning to put in essence a super market on that spot. And basically the concept of the development hasn't really changed since 1991. A supermarket in Puna, a Long's in Puna basically, I mean in terms of relative scale it's not that much different. And basically the other thing, part of the reason for the TIAR it's, we've been working with DOT and Department of Public Works; and I believe that was a requirement of the Department of Transportation to prepare the TIAR back in 2008. And I believe it underwent amendments along the way to address concerns that they wanted. And the four conditions or mitigative measures that the Chairman pointed out were, in fact, the conditions that were originally required of us, and have been done by us already on site or off the property, but basically in terms of Kahakai or Pahoa Road, fixing up the intersection a little bit. But basically we've done everything that has been required of us by DOT, except for the right -turn in/right- turn out. So, and in terms of the size of the property, you know, 1 think it needs to be not looked in a vacuum but basically the commercial space -. Basically from the time of the original plan approval in, I believe, 2008, it hasn't really changed with the advent of the Longs. Basically it was going to be a village shopping center that had the amount of size that the three building that comprised the Long's, the Burger King, and the Kentucky Fried Chicken would be. So in terms of, for a traffic analysis and traffic mitigation basically that's what they look at, you know, in terms of size of commercial space, not who's going in necessarily. It's the size of the commercial space. And, you know, those things were being specifically addressed in the traffic impact analysis report done by the developer in conjunction with review by DOT and Department of Public Works. So it's, a lot of what has being done has not been done in a vacuum. I mean we've been working with the government agencies to try and address the needs and concerns of traffic and, you know -. So basically, you know, we've been trying to work with everybody to try to address the concerns. A lot of what exists there pre- existed us. You know, part of the dime is the responsibility of the County and the State; and as Mr. Sumada accurately points out, you know, I think when you folks impose conditions it's basically for incremental increases. I believe HNMP is willing to, you know, carry their, take their dime and, you know, carry it even further. WOODWARD: All right, thank you. Any questions? Okay. MCELVANEY: Just to add to that, the TIAR was the first thing that we did in 2008; and the population, and they base those things on population, the amount of traffic and the retail square footage, size. And the retail square footage size at that time, contrary to what we heard, had Burger King and KFC all along in the plan. The only square footage that changed was the Village Center which ended up being Long's. So the TIAR reflected, based on the standards of population and traffic, that's how we worked it out with SSFM. We submitted that to the DOT. They came back with 47 markups. We corrected all of those things that they asked for and then 16 it went back to the DOT. So that has always been in the process; and it was always the first thing we considered. I wanted to add also that the developer, you know, if you look at the ordinance it says access to this property will be from Kahakai Boulevard. The DOT at that time didn't make any recommendations for that ordinance. All that was said was that there will be a left -turn out of Kahakai on the Old Pahoa Road, and a right turn. So that sounded really simple. So our first projection on that intersection was about $350,000. Then it said we should have a 50 -foot right turn going on to Old Pahoa Road. So we needed to extend that right turn. We'll, we've extended it to a hundred feet; and not only that, we added a full left -turn lane. If you look at that Malama Market intersection, we added a full -right turn, long right -turn lane, that is not there now, well, it's there now cause we constructed it already, and then we added a long left -turn lane going out. We widened the Malama Market intersection which is going to help Malama Market but also all the traffic there. Then we added a left — now this is all in addition to the DOT asking for improvements; and we're agreeing for those improvements. We added a left -turn lane going into Malama Market which isn't there. It wasn't there. We widened the Old Pahoa Road and the Kahakai Boulevard Road, and added more lanes. This is all done by the developer. The price keeps going up and up. But we've done everything that DOT asked us to do. And in the review process, it took way too long, which is part of the reason that we're here now. We could have finished this six months earlier, at least six months earlier. So I just wanted to add those things. And we are totally in support of the Puna Development Plan. We agree that the, all the work that DOT is doing now. We recognize the fact that they could not get back to us on their reviews because they were overloaded with all kinds of airport work and big projects on Oahu and Maui; and our project, you know, sometimes was not the most important thing on the menu. But we do support the community. We do support all of the things that need to be done. We're not arguing with any of it. Long's has been another, it was kind of hard getting them all together, but they are actually almost ready for occupancy now. So I'm thinking that possibly to alleviate this problem maybe we can open this intersection incrementally so we don't open all of the stores at the same time. Something like that we can maybe work out. But thank you. WOODWARD: All right, thank you. Commissioner Ishibashi. ISHIBASHI: Thank you, Mr. Chair. And we appreciate developer's cooperation with the public and State and County. But try address that guard rail, if you recognize the location and how we're going mitigate that? MCELVANEY: I, you know, we have to rely on the engineers and the traffic engineers. And that never had, that hadn't come up at all. And maybe because this is only a 30 -mile an hour speed limit in here. So there's not a high speed problem. But neither the DOT, or County, or SSFM, or EIP, no one had mentioned that. So I, this is the first time I have heard about it. WOODWARD: Director Lee. LEE: Regarding the guard rail situation. So, Mr. McElvaney, as the owner's rep, would you be okay with using the model that Mr. Sumada described earlier on working on that intersection? That will at least address if there is a guard rail problem or, and if there's a guard rail solution. 17 MCELVANEY: The way I understand it guard rails are extremely expensive. I know that when there's a wreck, like there has been several times on the corner, sometimes the guard rail gets knocked out, the DOT always puts it in, puts a new one in. But it just keeps on adding up, the expenses. We're going to do $400,000 of improvements that we volunteered to do even though the DOT said they would do it. We recognize if they get overloaded again that two years could go on to four years. So it's better for the developer to do it for the community's sake, rather than wait for the DOT to do it. But now adding, I mean, it just goes on and on, the expense keeps adding up. You know, we're like this -. I would have to talk with our people and the DOT on that. LEE: The question wasn't meant to allude that the owner would be responsible for the cost, but just as a matter of working together as a team to resolve the issue, if there is an issue. WOODWARD: Okay. Any further questions? Okay, thank you, gentlemen. You may be seated. All right, would somebody like to make a motion? Commissioner Domingo, you're reaching for the microphone. DOMINGO: Okay, thank you. Mr. Chairman, with regards to the Rezoning Bill 698, Paul Ogasawara, amendment to the condition of the Change of zone Ordinance, I move that we send a favorable recommendation to the County Council with the proposed amendments attached to it, submitted by the Planning Director. WOODWARD: Very good. Do we have a second? ISHIBASHI: Second. WOODWARD: Okay discussion? Commissioner Kern. KERN: Yeah, point of clarification. Taka, is that including the DOT recommendation? DOMINGO: The right -turn and left -? KERN: Out of -. WOODWARD: That's Condition E. DOMINGO: I think it's already included in their recommendation. KERN: It's all in there, right. Okay. DOMINGO: Yeah. KERN: And you're leaving it at that, at the July 11 deadline? WOODWARD: January, January 11 18 KERN: Excuse me, January 11 deadline, yeah. Born and raised Big Island, grew up most of my life in Puna, I've been watching that intersection grow for many years. I know who Paul is since I was a little kid, my father used to know him as well. I got great respect for Paul and him doing that development there. I think that needs to be done. Honestly, the whole situation of Puna and development makes me a little bit sad because people want to do things there and it's hard to do it because of lack of infrastructure, primarily due to the State Highway. It's a big challenge there. And to think that it's going to take another four years for that to occur is disheartening. 1 have, I mean, I'm pro development. I've been involved in development. Any good developer knows that the, it's crucial to know your details, to have a greater understanding on where you stand with the ordinances, with your conditions, with your timetables and with your time frames. I also know that the tenants of most developments would love to get in there prior to the Christmas season. And then you put human life in there, and how that affects their -. And I had a great friend, lose their life at that intersection. And the problem existed there prior to this development going. But I think it's going to increase the problem there. And personally I have a hard time putting off the improvements until, excuse me, allowing certificate of occupancy to occur prior to having the improvements in place. That's a challenging one for me, and I have a hard time going against that. Because during that timeframe what happens if some people make or what happens if it gets pushed out? I mean what's the recourse of that January l l deadline not occurring? Not a lot. What's the recourse of people dying there? More so. And I just think there's, you know, there's the cart and the horse and you want to get the horse in front of the cart. And it's a challenging one, cause I totally support it. I think it's a great thing. I drive in that intersection. It scares the crap out of me. It's a very, very scary intersection; and we need those improvements there. So I have a hard time supporting the measure with allowing occupancy prior to those conditions being met. Thank you. WOODWARD: Okay, thank you. Anybody else? Commissioner Au? AU: Thank you, Mr. Chair. I have to agree with Commissioner Kern. I believe the developer is trying, from the very start they have been trying. And, you know, just a little bit of history for the Commissioners on this particular project. They've gone through a lot from the very start of this project with the Department, with the DOT. And back in January they actually had a death on the job at Long's Drugs. So, you know, this developer has gone through a lot and they are trying to work with the community, with the State and the County. So I just want to remind the Commissioners before we take a vote. WOODWARD: Okay, anybody else? All right, I'll throw in my two cents worth here. One thing I'm certainly, I certainly understand where Commissioner Kern and Commissioner Au are coming from. And the only thing is that this has been a problem that has been there for years; and it's a problem that's going to continue. And it's a matter of probably minor degrees that it's going to change between now and the time that that the remediation is done between 2012 and 2018. The one thing, as I said, I was very impressed that Mr. Sumada had actually gotten involved actively in this and has been using some innovative thinking and has actually adopted problem solving rather than just passing the buck around. And I think the compromise that they've come up with is imminently reasonable. And I think the only thing that's going to make 19 a difference in the long tenn is this significant change in that whole highway system that's going to occur over a six -year period between 2012 and 2018. It sounds like the Department of Transportation is convinced, is happy that the ameliorations and the mitigating factors that have been proposed and that have been agreed to by the developer are going to take care of any incremental change in traffic. And as we've said, you can't expect the developers to fix the problem that pre - existed. All you can ask for is them not to make it worse. And I think they've done everything they can. And evidently Mr. Sumada, the Department of Transportation is comfortable with that, that is in fact the case. So I think this one of those situations where there really has been a good faith effort to make this work for the community and also to make the community as safe as possible, and to think down the road in the long term as far as amelioration in the timeframe of 2012 to 2018. And that's really the only thing that's going to solve the problem. Anything else is just tinkering around the edges, to be honest. So I think they've done a good job. I think they've done as good a job as possible; and I commend Mr. Sumada for his efforts in this. I think they've done the best job they could, given the situation, and to do the best they can to protect the public safety, at least to make sure that the incremental change in traffic does not have an adverse effect. So that would be my take. Any other discussion? KERN: Mr. -. WOODWARD: Commissioner Kern. KERN: Yeah. A quick question. I'm not sure exactly who to point this to. But what happens if the improvements are not made to the Kahakai intersection as of January l l if this gets passed and approved and is moving forward? COTTLE: The ordinance states that the applicant would be required to request an additional time extension from the County Council. WOODWARD: Oh, my. KERN: That's my point. I mean I support everything about it. But it's saying here, you go for it, and we'll see you back here in a while. Cause I know construction a little bit. It's a critical path. Critical path means you take care of everything that's critical to get to the end of it, and all the rest of the stuff you kind of tidy up, you know, punch list as you get there. That's my sticking point. I'm not sure if we can do something about that or if any of the Commissioners have any opinion on that. But, really, that's my sticking point right there. It's like I agree with everything but how long does this point out, go down the road? And then we've got to submit for a time extension that's got to be processed by the County, which is efficient but then it still takes time, and then we've get back to here? It's a process. And meanwhile everything is happening. And, yeah, that's my point; and it's a hard one. WOODWARD: Any suggestions, Madam Director? LEITHEAD TODD: Yeah, this is the Commission's call. You have existing conditions which have been in the ordinance which basically state that most of the work has to be done prior to receipt of certificate of occupancy for any portion of the development, other than the proposed 20 service station and convenience center. So as originally envisioned in the Ordinance 03 -111 the service station would be able to get a certificate of occupancy and the convenience center, those are the two things that are there. Anything beyond that cannot get a certificate of occupancy. So if the Commission wants to make amendments, it has to make amendments to those sections. WOODWARD: So you're saying that the Long's Drugs could not get a certificate of occupancy until this other condition is met? LEITHEAD TODD: I believe the Long's Drugs is the convenience center. Mr. McElvaney? MCELVANEY: No. LEITHEAD TODD: No. Okay, then Long's, if it's not the convenience center, then they cannot get a certificate of occupancy until all the other improvements are done. Because under the current conditions only the proposed service station and convenience center can get a certificate of occupancy. KERN: So, Planning Director, so when it's, on Condition E here where it says, slashed out, that "prior to receipt of certificate of occupancy for any portion of the development" is out or gone. And it's "by January 2011" is put in there? LEITHEAD TODD: Yeah, but you have to look at Conditions C and D, which the language is not being changed. Yeah? KERN: Uh huh. So how does this language change in Condition E really -. LEITHEAD TODD: Unless you want to take that language and add to E to kind of reflect what you have in C and D. KERN: And I guess maybe my understanding this is wrong. I mean to me it says through Condition E that they can get certificate of occupancy as long as these other improvements are made by January 11 tl '. LEITHEAD TODD: The other improvements, yeah. This one only refers to the right- turn /right- out on Kahakai. KERN: Just on the Kahakai Boulevard. LEITHEAD TODD: So if you want to have that type of a condition there, then you would need to mirror the language that's in C and D. KERN: Got ya. WOODWARD: All right. PUBLIC: May I -. 21 WOODWARD: I'm sorry. We're deliberating on the motion so we can't take your testimony. Any further discussion by the Commissioners? Okay, let's take a vote. COTTLE: Thank you, Mr. Chairman. The motion before you is to send a favorable recommendation to the County Council as recommended by the Planning Director. Commissioner Domingo? DOMINGO: Aye. COTTLE: Commissioner Ishibashi? ISHIBASHI: Aye. COTTLE: Commissioner Au? AU: Aye. COTTLE: Commissioner Kern? KERN: Kanalua. COTTLE: Mr. Chair? WOODWARD: Aye. COTTLE: And Commissioner Kern? KERN: Kanalua. COTTLE: Okay, the motion passes five -zero. WOODWARD: All right, thank you. I think we had a very good discussion. And your request will be forwarded with a favorable recommendation to County Council. The discussion ended at 10:47 p.m. Respectfully submitted, su t Sharon M. Nomura, Secretary 22