Loading...
HomeMy WebLinkAboutCOM 0026.000 2010-2012 „ H William T. Takaba William P. KCIIOI : p.� •d, ",` • Managing Director Mayor . .. :. Wally Lau Deputy Managing Director County of Hawaii 25 Aupuni Street • Hilo, Hawaii 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 December 10, 2010 Honorable Dominic Yagong, Chairman and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yagong and Members: f�J Change of Zone Application (REZ 10- 000130) Applicant: Gerald Kodama Trust Request: A -3a to RA -la Tax Map Key: 2 -2 -51:15 VAtate Land Use Boundary Amendment Application (SLU 09- 000023) Request: Agricultural to Urban Change of Zone Application (REZ 09- 000109) Request: A -la to MCX -3a Applicant: Pua Mauka Development, LLC Tax Map Key: 9 -2 -82:2 Change of Zone Application (REZ 10- 000131) Applicant: Concept Construction, Inc. Request: RS -10 to CN -20 Tax Map Key: 2 -2 -25:22 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 Windward Planning Commission's letters and enclosures regarding the above - referenced requests. Sincerel William P. Kenoi Mayor Enclosures cc: Planning Department < lk S `♦ Hawaii County is an Equal Opportunity Provider and Employer C omm• '1 �7 � No. �V Ref. To: PG Ref. Dote 0 201 J�tv • 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 DEC 1 0 7010 `V� 9 The Honorable J Yoshimoto, Chairman and Members of the County Council - °' County of Hawai`i 25 Aupuni Street Hilo, HI 96720 w' Dear Chairman Yoshimoto and Council Members: State Land Use Boundary Amendment Application (SLU 09- 000023) Request: Agricultural to Urban Change of Zone Application (REZ 09- 000109) Request: A-la to MCX -3a Applicant: Pua Mauka Development, LLC Tax Map Key: 9 -2 -82:2 The Windward Planning Commission, after a duly held public hearing on November 10, 2010, voted to recommend for your approval the proposed legislative bills for an amendment to the State Land Use Boundary Maps from an Agricultural to an Urban district and a Change of Zone from an Agricultural — 1 acre (A -1a) to an Industrial- Commercial Mixed — 3 acre (MCX -3a) zoned district for 3.183 acres of land. The property is located in the Hawaiian Ocean View Estates Subdivision on the northwest side of the Hawai`i Belt Road and Hawai`i Boulevard intersection at Kahuku, Ka`u, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the requests: State Land Use Boundary Amendment In the 1960's, the County approved the subdivision of Hawaiian Ocean View Estates and Hawaiian Ranchos. Hawaiian Ocean View Estates consists of about 11,000 lots, and Hawaiian Ranchos consists of about 1,200 lots. The population of these areas is Hawai`i County is an Equal Opportunity Provider and Employer The Honorable J Yoshimoto, Chairman and Members of the County Council Page 2 growing rapidly. In the 2000 census, the Hawaiian Ocean View Census Designated Place had a population of 2178. It had more than doubled since 1990. The population within HOVE continues to grow. In 2005 -2006, building permits for 435 new homes were issued in this general area. This is more than the number of building permits for new homes issued in the districts of North Hilo, Hamakua, North Kohala, and South Kona combined in that time period. The County Planning Department favors the development of a light industrial - commercial area nearby to serve population of this area. This will give people an opportunity to have services located closer to their homes, and provide a location for service- oriented businesses. The closest town with industrial /commercial areas is Na`alehu, which is about 14 miles away by road. A number of commercial and industrial -type enterprises have been approved on Highway 11, in the vicinity of HOVE on both sides of the highway. To date, all of these have been permitted through the issuance of Special Permits by the Planning Commission. All of the land in the area is within the State Land Use Agricultural District. The nearest land in the State Land Use Urban District is located in Wai`ohinu, which is about 12 miles away by road. The Special Permit route is available to the applicant, and only requires Planning Commission action, not approved by the County Council. It is not the proper use of the State Land Use law to utilize Special Permits to gradually establish a town center, permit by permit. The Special Permit is a procedure meant to accommodate unique and unusual situations that may arise in the agricultural district. It creates some flexibility in the Agricultural district, which is otherwise subject to rather limited, agricultural- related uses under the state law. But urban areas, like a commercial center, should be in the State Land Use Urban District and should be properly zoned by the county. The 2005 General Plan update expanded the urban center in this area, centered around the existing Special Permit areas. The applicant's request is consistent with the General Plan LUPAG map designation for this area, which is identified as Urban Expansion Area and the applicant is also requesting a concurrent Change of Zone from A -la to MCX -3a to develop a mini storage facility. The approval of the reclassification of the subject property from the State Land Use Agricultural to the Urban District will not be violative of Section 205 -2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use The Honorable J Yoshimoto, Chairman and Members of the County Council Page 3 Commission Rules, the County General Plan and the Hawaii State Plan. Under the Land Use Commission Rules, one of the standards for considering an area for urban reclassification states that "It shall include lands in appropriate locations for new urban concentrations and shall give consideration to areas of urban growth as shown on the state and county general plans." The property conforms to this standard as it is situated in the area designated for urban expansion in the General Plan. Additionally, there are three large commercial and /or light industrial projects, which are within 1,600 feet of this project. Lastly, the project site is situated in the Hawaiian Ocean View Estates subdivision and across from the Hawaiian Ranchos subdivision, areas that have seen a significant growth in population over the past couple of decades. Lastly, the reclassification action conforms to the goals, objectives and /or policies articulated in the Hawai`i State Plan including the objective to "encourage an increase in economic activities and employment opportunities on the neighbor islands consistent with community needs and desires." The reclassification action also conforms to the following goals, policies and standards of the Land Use and Economic General Plan Elements and the General Plan LUPAG Map: The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The proposed request conforms to the LUPAG Map, which designates the property as Urban Expansion Area, 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. The reclassification request would further the County's goals of providing an economic environment which allows new or existing businesses to expand and diversify the County's economic base, and also increase choice of occupations. The proposed use would be consistent with the following goals, policies and standards of the Economic, Land Use, Commercial and Industrial Elements of the General Plan. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 4 Economic Element: • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. • Economic development and improvement shall be in balance with the physical, social and cultural environments of the island of Hawai`i. • Strive for diversity and stability in its economic system. • Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. • Strive for an economic climate that provides its residents an opportunity for choice of occupation. • Strive for diversification of the economy by strengthening existing industries and attracting new endeavors. Land Use Element: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zone urban- and rural -types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access and public need. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 5 Commercial Element: • Provide for commercial developments that maximize convenience to users. • Urban renewal, rehabilitation, and/or redevelopment programs shall be undertaken in cooperation with communities, businesses and governmental agencies. • Distribution of commercial areas shall meet the demands of neighborhood, community and regional needs. • The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. Industrial Element: • Designate and allocate industrial areas in appropriate proportions and in keeping with the social, cultural, and physical environments of the County. • Provide flexibility within the Zoning Code to accommodate emerging new industries. • Industrial- commercial mixed use districts shall be provided in appropriate locations. The applicant's request will be providing residents who live in the Hawaiian Ocean View Estates and Hawaiian Ranchos subdivisions and surrounding subdivisions more opportunities for services and employment, which will be located closer to their residence than traveling to Kona, Hilo or other towns for these services. The Urban classification conforms to the standard that the development is within reasonable proximity to centers of trading and employment except where the development would generate new centers of trading and employment. The property is in close proximity of three commercial centers previously approved by Special Permits, which provide employment and offers services to residents in the area, and conforms with the Land Use Commission Rules which encourages urban developments in close proximity to existing developments and in close proximity to existing services and The Honorable J Yoshimoto, Chairman and Members of the County Council Page 6 facilities. Additionally, the proposed development would create a needed service and employment in this area. All utilities are or will be made available to the project site. Access to the property will be from Hawai`i Boulevard, which is a two -lane, private road that has an approximate 20 -foot wide asphalt pavement within a 60 -foot right -of -way. Hawai`i Boulevard is accessed directly from the Hawai`i Belt Road. A condition of approval will be added restricting access to the property from the Hawai`i Belt Road. Water requirements necessary for sanitation and firefighting will be provided by adequate storage facilities on -site. The applicant is proposing to store approximately 18,500 gallons of water tank to meet these requirements. Solid waste will be handled through a commercial hauler. Sewage connection is proposed to be via a septic system. Utilities, including telephone and electrical services, are available to the site. The closest police and fire station is located in Na`alehu, approximately twelve (12) miles from the property. Police and fire substations are available in the immediate area. While the property is within the State Land Use Agricultural and County's Agricultural (A -la) zoned district, it is not currently being used for active agricultural purposes. The project site is currently vacant and has been previously bulldozed. The property is unclassified by the State Department of Agriculture's Agricultural Lands of Importance to the State of Hawai`i (ALISH) Map and the Land Study Bureau's Overall Master Productivity Rating is "E" or "Very Poor ". Thus, the reclassification of this 3 -acre area from the Agricultural to the Urban designation will not be detrimental to the reduction of this area from the agricultural land inventory in the County. An Urban classification would complement the existing and future land use patterns of the surrounding properties in view of the nearby commercial /light industrial projects and the Hawaiian Ocean View Estates and Hawaiian Ranchos subdivisions. The Urban classification conforms to the standard to include lands with satisfactory topography, drainage, and reasonably free from the danger of any flood, tsunami, unstable soil condition, and other adverse environmental effects. The Flood Insurance Rate Map (FIRM) designates the property as Zone "X ", areas outside the 500 -year flood plain. The property is located approximately 6 miles mauka of the shoreline. All project generated runoff will be disposed of on -site. Based on the above, the approval of the State Land Use Boundary Amendment from the Agricultural to the Urban District complements the State Land Use District Regulations and County General Plan and is supportive of the Hawai`i State Plan. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 7 Change of Zone In the 1960's, the County approved the subdivision of Hawaiian Ocean View Estates and Hawaiian Ranchos. Hawaiian Ocean View Estates consists of about 11,000 lots, and Hawaiian Ranchos consists of about 1,200 lots. The population of these areas is growing rapidly. In the 2000 census, the Hawaiian Ocean View Census Designated Place had a population of 2178. It had more than doubled since 1990. The population within HOVE continues to grow. In 2005 -2006, building permits for 435 new homes were issued in this general area. This is more than the number of building permits for new homes issued in the districts of North Hilo, Hamakua, North Kohala, and South Kona combined in that time period. The County Planning Department favors the development of a light industrial - commercial area nearby to serve population of this area. This will give people an opportunity to have services located closer to their homes, and provide a location for service- oriented businesses. The closest town with industrial /commercial areas is Na`alehu, which is about 14 miles away by road. A number of commercial and industrial -type enterprises have been approved on Highway 11, in the vicinity of HOVE on both sides of the highway. To date, all of these have been permitted through the issuance of Special Permits by the Planning Commission. All of the land in the area is within the State Land Use Agricultural District. The nearest land in the State Land Use Urban District is located in Wai`ohinu, which is about 12 miles away by road. The Special Permit route is available to the applicant, and only requires Planning Commission action, not approved by the County Council. It is not the proper use of the State Land Use law to utilize Special Permits to gradually establish a town center, permit by permit. The Special Permit is a procedure meant to accommodate unique and unusual situations that may arise in the agricultural district. It creates some flexibility in the Agricultural district, which is otherwise subject to rather limited, agricultural - related uses under the state law. But urban areas, like a commercial center, should be in the State Land Use Urban District and should be properly zoned by the county. The 2005 General Plan update expanded the urban center in this area, centered around the existing Special Permit areas. The applicant's request is consistent with the General Plan LUPAG map designation for this area, which is identified as Urban Expansion Area and the applicant is also requesting a concurrent Change of Zone from A -1 a to MCX -3a to develop a mini storage facility. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 8 The applicant is requesting a Change of Zone from an Agricultural 1 -acre (A -la) to an Industrial- Commercial Mixed -three acre (MCX -3a) zoned district for 3.183 acres of land. The applicant is also requesting a State Land Use Boundary Amendment from the Agricultural to the Urban District. The applicant proposes to develop three (3) mini storage structures totaling 7,800 square feet in size. The proposed development includes: • Three (3) one -story structures, one (1) approximately 2,000 square feet in size, one (1) approximately 2,800 square feet in size and one (1) approximately 3,000 square feet in size. There will be a total of sixty (60) storage units available. • 30 parking stalls, including handicap and loading stalls. • Private water system. The water will have to be trucked in from another area. The construction cost is approximately 1 million dollars with the completion date approximately one (1) year after all development permits are secured. In the past, the trend in the area of the Hawaiian Ocean View Estates and Hawaiian Ranchos Subdivisions has been to issue Special Permits for urban type uses in appropriate locations. These established uses include, but are not limited to, a general store, gas station, post office, hardware store, restaurants, and other types of commercial and industrial uses on both sides of the Hawai`i Belt Road (Highway 11) within these two subdivisions. Additionally, there have been several Special Permits approved in the vicinity of the proposed request. These include LUC Permit No. 6, which allowed the establishment of a restaurant & bar and realty office located on the property to the east across Hawai`i Boulevard. Additionally, Special Permit No. 637 was approved to allow the establishment of a new hardware store, postal facility and commercial building on approximately 2 acres of land (Ocean View Town Center), which is along the highway within Hawaiian Ocean View Estates, approximately 1,600 feet east of the location of the subject property. Lastly, Special Permit No. 653 was approved to allow a variety of commercial and industrial uses, including an open storage facility, a farmer's market and all uses permitted within the Industrial- Commercial Mixed Use (MCX) zoned district (Pohue Plaza), which is along the highway within Hawaiian Ranchos, approximately 1,400 feet east of the location of the subject property. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 9 The Hawai`i County Council has adopted Ordinance No. 07 -99, which amended Chapter 25 (Zoning Code), Article 2, Division 4, Hawai`i County Code 1983 (2005 Edition, as amended) by adding a new section relating to concurrency conditions. The council added requirements relating to traffic impacts and water supply relative to the approval of rezonings. To determine whether road conditions are adequate in an area, the ordinance requires some rezoning applications to be accompanied by a traffic impact analysis report (TIAR). The ordinance also requires evidence that water is available for the new rezonings. If these requirements are not met, then the rezoning should not be approved or should not take effect unless improvements to traffic and water occur before the occupancy of the project. In Ordinance 07 -99, the Council addressed the issue of water in rural areas where there is no reasonable prospect of a public water system, but where the county may wish to allow some commercial and possibly light industrial rezonings to serve the growing rural population, such as the Hawaiian Ocean View Estates and Hawaiian Ranchos area. The Council added Section 25- 2- 46(n), which states "to facilitate the development of village centers in rural areas that are not currently served by a public water system, the council may waive the water supply requirements for rezonings for commercial or light industrial uses in areas that do not currently have a public water system, and where the department of water supply has no plans to build a public water system, and which are (1) designated as an "urban or rural center" or "industrial area" on Table 14 -5 of the General Plan and (2) designated for urban use on the Land Use Pattern Allocation Guide Map of the General Plan; provided that conditions of zoning shall require water supply consistent with public health and safety needs such as sanitation and firefighting." The water supply necessary for sanitation and firefighting, in these circumstances, can be handled by requiring adequate storage facilities through conditions of the rezoning. As required by Section 25- 2- 46(n), the proposed request is designated as a "urban or rural center" and "industrial area" on Table 14 -5 of the General Plan and is designated for urban use on the Land Use Pattern Allocation Guide Map of the General Plan (urban expansion area/rural). The proposed Change of Zone from an Agricultural (A -1 a) to an Industrial - Commercial Mixed -three acre (MCX -3a) zoned district will conform to, among others, the following goals, policies and standards of the Land Use and Economic General Plan Elements and the General Plan LUPAG Map: In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related The Honorable J Yoshimoto, Chairman and Members of the County Council Page 10 planning documents. The implication of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. In a General Plan amendment, the Land Use Pattern Allocation Guide (LUPAG) Map was amended for the Hawaiian Ocean View Estates and Hawaiian Ranchos Subdivisions area. Hawaiian Ocean View Estates was amended from Extensive Agriculture and Orchards to Rural to recognize its residential - agricultural character. A portion of the Hawaiian Ocean View Estates and Hawaiian Ranchos Subdivisions was amended along the highway from Extensive Agriculture to Urban Expansion Area to allow additional lands to accommodate future industrial, commercial, and higher density residential uses within these locations. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The proposed request conforms to the LUPAG Map, which designates the property as Urban Expansion Area, 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. The proposed change of zone request from A -la to MCX -3a would further the County's goals of providing an economic environment which allows new or existing businesses to expand and diversify the County's economic base, and also increase choice of occupations. The proposed use would be consistent with the following goals, policies and standards of the Economic, Land Use, Commercial and Industrial Elements of the General Plan: Economic Element: • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. • Economic development and improvement shall be in balance with the physical, social and cultural environments of the island of Hawai`i. • Strive for diversity and stability in its economic system. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 11 • Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. • Strive for an economic climate that provides its residents an opportunity for choice of occupation. • Strive for diversification of the economy by strengthening existing industries and attracting new endeavors. Land Use Element: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zone urban- and rural -types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access and public need. Commercial Element: • Provide for commercial developments that maximize convenience to users. • Urban renewal, rehabilitation, and /or redevelopment programs shall be undertaken in cooperation with communities, businesses and governmental agencies. • Distribution of commercial areas shall meet the demands of neighborhood, community and regional needs. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 12 • The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. The proposed request is also consistent with the following courses of action for commercial development in the Ka`u District: • Centralization of commercial activity in the communities of Pahala, Na`alehu and Ocean View and the area of the Volcanoes National Park shall be encouraged. • Do not allow strip or spot commercial development on the highway outside of the designated urban areas. Industrial Element: • Designate and allocate industrial areas in appropriate proportions and in keeping with the social, cultural, and physical environments of the County. • Provide flexibility within the Zoning Code to accommodate emerging new industries. • Industrial - commercial mixed use districts shall be provided in appropriate locations. The applicant will be providing residents who live in the Hawaiian Ocean View Estates and Hawaiian Ranchos subdivisions and surrounding subdivisions more opportunities for services and employment, which will be located closer to their residence than traveling to Kona or Hilo for these services. The change of zone from an A-1 a to a MCX -3a zoned district will not result in a substantial adverse impact upon the surrounding area, community or region. The property is located on the mauka side of the Hawaii Belt Road at the corner of Hawai`i Boulevard and the Hawaii Belt Road. The property is approximately 3 acres in size within the Hawaiian Ocean View Estates Subdivision. The property is generally rectangular in shape and is currently vacant of any structures or uses. Surrounding properties within the Hawaiian Ocean View Estates Subdivision are approximately one acre in size and zoned Agricultural (A -la) by the County. Lands The Honorable J Yoshimoto, Chairman and Members of the County Council Page 13 makai of Hawai`i Belt Road within the Hawaiian Ranchos Subdivision that vary in size, which are zoned Agricultural (A -3a). Both subdivisions are primarily in scattered residential uses or vacant lands. The nearest dwelling is located on the adjacent property to the north on TMK: 9 -2 -82:1. Mister Bell's restaurant & bar and H. McKee Realty office are located on the property to the east across Hawai`i Boulevard. The project is well situated within the urban core for this area as designated by the General Plan. There are three (3) large commercial and /or light industrial projects that have been approved through the Special Permit process in the general area of this project. This is the central location for residents to travel for these services within this area of Ka`u. Development of commercial and /or light industrial services in this area should continue to alleviate overall traffic congestion because many employees and residents who live in this area currently commute to places as far away as Kona and Hilo for work and services. All utilities are or will be made available to the project site. Access to the property will be from Hawai`i Boulevard, which is a two -lane, private road that has an approximate 20 -foot wide asphalt pavement within a 60 -foot right -of -way. Hawaii Boulevard is accessed directly from the Hawai`i Belt Road. A condition of approval will be added restricting access to the property from the Hawai`i Belt Road. Based on the requirements of Ordinance 07 -99, the applicant has been required to submit a traffic report. A condition of approval will be added requiring the applicant to construct any improvements as recommended by the Department of Transportation prior to the issuance of a Certificate of Occupancy. Additionally, based on Ordinance 07 -99 the applicant is proposing to meet water requirements necessary for sanitation and firefighting by providing adequate storage facilities on -site. The applicant is proposing to store approximately 18,500 gallons of water tank to meet these requirements. A condition of approval will be added allowing the storage of water on -site meeting with the approval of the Department of Health for sanitation purposes and meeting with the approval of the Fire Department's fire -flow requirements. Additionally, a condition of approval will be added requiring the applicant to submit a Traffic Impact Analysis Report (TIAR) if any additional uses are proposed other than the mini storage facility. The applicant will submit the TIAR for review and approval by the DOT and construct any improvements as recommended by the DOT review of the TIAR. The applicant will be required to submit a solid waste management plan to the Department of Environmental Management to handle solid waste generated from the development. Sewage connection is proposed to be via a septic system. Utilities, The Honorable J Yoshimoto, Chairman and Members of the County Council Page 14 including telephone and electrical services, are available to the site. The closest police and fire station is located in Naalehu, approximately twelve (12) miles from the property. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The Flood Insurance Rate Map (FIRM) designates the property as Zone "X ", areas outside the 500 - year flood plain. The property is located approximately 6 miles mauka of the shoreline. All project generated runoff will be disposed of on -site. The property has is relatively flat and has previously been bulldozed. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The site is located mauka of the Hawai`i Belt Road, is not an oceanfront property, and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access that traverses the property. No valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawai`i State Supreme Court's "PASH" and "Ka Pa'akai 0 Ka Aina " decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: An archaeological field inspection of the property was conducted by Scientific Consultant Services, Inc. in September of 2005. No formal flora or fauna surveys were submitted with the application. The valuable cultural, historical, and natural resources found in the permit area: The field inspection of the property concluded that no significant historic sites were identified within the project area. In letters dated March 18, 2008 and November 5, 2009 from the Department of Land and Natural Resources - Historic Preservation Division (DLNR - SHPD), they believe no historic properties will be affected by this undertaking based on the results of the field inspection. Possible adverse effect or impairment of valued resources: Established standards and controls to manage potential negative effects should effectively limit and mitigate The Honorable J Yoshimoto, Chairman and Members of the County Council Page 15 foreseeable long -term impacts. The property does not abut the shoreline, therefore Hawaiian gathering and fishing rights is not an issue. Feasible actions to protect native Hawaiian rights. To the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights and no action is necessary to protect these rights. A condition of approval will be included to require the applicant to notify the DLNR -SHPD should any unidentified sites or remains be encountered, and proceed only upon an archaeological clearance from the DLNR -SHPD. Based on the above findings, the change of zone from Agricultural -1 acre (A- la) to Industrial - Commercial Mixed -three acre (MCX -3a) would result in an appropriate land use pattern and further benefit the general public. For your favorable consideration, amendments to the State Land Use Boundaries Maps and Section 25 -8 -28 (Ka`u District Zone Map), Article 8, Chapter 25 (Zoning Code) are provided for your favorable consideration. We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, Rell Woodward, Chairman Windward Planning Commission Lpuamaukawwpc2 Enclosures cc: Mr. Bennet Baldwin/Pua Mauka Development, LLC Department of Public Works Department of Water Supply Department of Land & Natural Resources -HPD DOT - Highways, Honolulu Amy Self, Esq., Corporation Counsel BPuaMauka- SLUREZ.jwd 10 -22 -10 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT PUA MAUKA DEVELOPMENT LLC STATE LAND USE BOUNDARY AMENDMENT (SLU 09- 000023) CHANGE OF ZONE APPLICATION (REZ 09- 000109) PUA MAUKA DEVELOPMENT LLC has submitted an application for a State Land Use Boundary amendment for 3.183 acres of land from an Agricultural to an Urban district and a Change of Zone for 3.183 acres of land from an Agricultural -one acre (A -1a) to an Industrial - Commercial Mixed -three acre (MCX -3a) zoned district. The property is located in the Hawaiian Ocean View Estates Subdivision on the northwest side of the Hawaii Belt Road and Hawai`i Boulevard intersection at Kahuku, Ka`u, Hawai`i, TMK: 9 -2 -082: 002. PROPOSED ACTION 1. Request: • State Land Use Boundary Amendment from the Agricultural to the Urban District for 3.183 acres; (Planning Department Exhibit 1— State Land Use Boundary Amendment Application) and • Change of Zone from A -la to MCX -3a for 3.183 acres (Planning Department Exhibit 2 — Change of Zone Application). The applicant proposes to develop three (3) mini storage structures totaling 7,800 square feet in size. The proposed development includes: • Three (3) one -story structures, one (1) approximately 2,000 square feet in size, one (1) approximately 2,800 square feet in size and one (1) approximately 3,000 square feet in size. There will be a total of sixty (60) storage units available. • 30 parking stalls, including handicap and loading stalls. • Private water system, which is proposed to store about 18,500 gallons of water. The water will have to be trucked in from another area. 2. Cost: The cost of the development will be approximately $1 million. 3. Project timetable: The estimated construction completion date is approximately one (1) year after all development permits are secured. 4. Landowner: The landowner of the property is the applicant, Pua Mauka Development ATTACH: Comm. 26 Bills 4 & 5 LLC. BACKGROUND INFORMATION 5. Special Permit No. 781: On July 30, 1991, the Planning Commission approved Special Permit No. 781 to allow the establishment of a commercial office building, which would contain real estate, legal, business consulting, accounting/financial, engineering/drafting, insurance and medical/dental services on the subject property. 6. Revocation of Special Permit No. 781: On September 19, 1996, the Planning Commission voted to revoke Special Permit No. 781 based on a request from the applicant because they were not going to pursue the development. STATE AND COUNTY PLANS 7. State Land Use Designation: Agricultural. 8. GP LUPAG Map: Urban Expansion Area. 9. County Zoning: A -la. 10. Ordinance No. 07 -99: On June 25, 2007, the Hawaii County Council adopted Ordinance No. 07 -99, which amended Chapter 25 (Zoning Code), Article 2, Division 4, Hawaii County Code 1983 (2005 Edition, as amended) by adding a new section related to concurrency conditions. The council found that because of road congestion in Hawaii County, it is necessary to assess the traffic impacts of major developments, and if they will add traffic to roads that are now congested, or will foreseeably be congested in the future, that the rezoning should not take effect unless improvements to the traffic situation occur before the occupancy of the project. At the same time, the council recognized that the lack of affordable housing near employment centers is one of the factors that creates traffic problems, by forcing workers to commute long distances, and does not want to inhibit the supply of affordable housing. In addition there are situations where commercial or light industrial rezoning may be desirable to reduce traffic. For example, thousands of homes are being built in rural subdivisions approved in the 1950's and 1960's, mostly in Puna and Kau. These generally have no areas zoned for commercial and light industrial uses, and development of these necessary services has not kept pace with the movement of population to these areas. The council also found that it is desirable to have standard expectations for water supply for new rezonings. In some rural areas, however, there is no reasonable prospect of a public water system, but the -2- county may wish to allow some commercial and possibly light industrial rezoning to serve the growing rural population. The water supply necessary for sanitation and firefighting, in these circumstances, can be handled by requiring adequate on -site storage facilities. 11. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is approximately 6 miles from the nearest coastline and is not located within the Special Management Area. SIMILAR USE APPROVED IN THE AREA 12. Special Permit No. 998: On April 17, 1998, the Planning Commission approved Special Permit No. 998 for Reba -Mae Silva to allow the establishment of a self - storage facility and related improvements on one (1) acre of land (TMK: 9 -2- 150:51). The property is located within the Hawaiian Ranchos Subdivision along the Hawai`i Belt Road approximately one mile to the west of the subject property. 13. Amendment to Special Permit No. 998: On April 4, 2008, the Planning Commission approved an amendment to Special Permit No. 998 for Minipro Construction, Inc. to allow a 5 -year time extension to comply with Condition No. 2 (complete construction), to increase the area of the permit from 1 acre to 3 acres and to increase the number of storage units and storage structures. The structures included two (2) one -story buildings containing areas of approximately 13,050 square feet (Building A) and 8,100 square feet (Building B) and one (1) two -story containing an area of 58,100 square feet for a total of 798 storage units of various dimensions. Also requested was a two -story manager's building containing approximately 2,431 square feet for a manager's dwelling unit, a reception area, waiting area, work stations, manager's office and ADA restroom. The facility has not been constructed as of the date of this writing. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 14. Subject Property: The property is located on the northwest side of the Hawai`i Belt Road and Hawai`i Boulevard intersection. The property is 3.183 acres in size located within the Hawaiian Ocean View Estates Subdivision. The property is roughly rectangular in shape. It is currently vacant of any structures or uses except for rock walls. -3- 15. Surrounding Zoning /Land Uses: Surrounding properties within the Hawaiian Ocean View Estates Subdivision are approximately one acre in size and zoned Agricultural (A -la) by the County. Lands makai of Hawaii Belt Road within the Hawaiian Ranchos Subdivision that vary in size, which are zoned Agricultural (A -3a). Both subdivisions consist primarily of scattered residential uses or vacant lands. The nearest dwelling is located on the adjacent property to the north on TMK: 9 -2 -82:1. Mister Bell's restaurant & bar and H. McKee Realty office are located on the property to the east across Hawai`i Boulevard, which were approved by LUC Permit No. 6. 16. ALISH: Unclassified. 17. Land Study Bureau's Detailed Land Classification System: "E" or "Very Poor ". 18. U.S. Soil Survey: Lava Flows, Aa (rLV). 19. FIRM: Zone "X ", area determined to be outside the 500 -year flood plain. 20. Flora /Fauna Resources: No formal flora or fauna surveys were submitted with the application. According to the applicant, the property has been previously bulldozed. No listed, candidate or proposed endangered animal or plant species are found on the property. 21. ArchaeologicaUHistorical/Cultural Resources: A field inspection of the property was conducted by Scientific Consultant Services, Inc. in September of 2005, which concluded that no significant historic sites were identified within the project area. In letters dated March 18, 2008 and November 5, 2009 from the Department of Land and Natural Resources- Historic Preservation Division (DLNR - SHPD), they believe no historic properties will be affected by this undertaking based on the results of the field inspection. 22. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. PUBLIC UTILITIES AND SERVICES 23. Access: Although the project site borders the Hawai`i Belt Road, access to the property will be from Hawaii Boulevard, which is a two -lane, private road that has an approximately 20 -foot wide asphalt pavement within a 60 -foot right -of -way. Hawai`i Boulevard is accessed directly from the Hawaii Belt Road. 24. Traffic Study: The applicant submitted a Traffic Study conducted by Stephen J. Herbert P.E. along with the application (Exhibit 10 in the applicant's Change of Zone -4- application). The study concluded that it in Mr. Herbert's opinion, no provision has to be made for acceleration, deceleration, or safe harbor turning lanes to serve this project. The study was submitted to the State Department of Transportation (DOT) for review. Comments dated December 4, 2009 from the DOT requested that the applicant submit a short traffic assessment report analyzing and discussing the existing and future conditions at the intersection of Hawai`i Boulevard with Hawai`i Belt Road including adjacent intersections along Hawai`i Belt Road. A supplemental traffic study was conducted by Stephen J. Herbert P.E. addressing the concerns of the DOT. A follow -up comment letter from the DOT dated August 11, 2010 stated that the traffic assessment for Phase I is satisfactory in addressing their concerns. The applicant submitted a letter dated September 1, 2010 confirming that there will be no Phase II and that no further development of the property is planned or requested at this time. 25. Water: According to the applicant, water will be available by catchment and water tank storage, which will be trucked to the property. The water will be provided to meet the requirements and recommendations of the County of Hawaii Fire Department and the State Department of Health. The applicant proposes to construct a 50,000 gallon water tank or a series of tanks of similar total capacity to meet these requirements. The nearest Department of Water Supply water system facility is located in Waiohinu, approximately 10 miles east of the subject property. 26. Solid Waste: According to the applicant, solid waste will be disposed of by commercial haulers to the Pu'uanahulu waste facility. The applicant will be required to submit a solid waste management plan to the Department of Environmental Management to handle solid waste generated from the development. 27. Wastewater: The applicant is proposing to dispose of wastewater via a septic system. 28. Essential Utilities and Services: Utilities, including telephone and electrical services, are available to the site. The closest police and fire station is located in Naalehu, approximately twelve (12) miles from the property. AGENCY AND ORGANIZATION COMMENTS 29. Department of Public Works: (Planning Department Exhibit 3 — November 30, 2009 Memo) 30. Department of Water Supply: (Planning Department Exhibit 4 - -5- November 24, 2009 Memo) 31. Department of Environmental Management: (Planning Department Exhibit 5 — November 5, 2009 Memo) 32. Police Department: (Planning Department Exhibit 6 — November 12, 2009 Memo) 33. Fire Department: (Planning Department Exhibit 7 — November 9, 2009 Memo) 34. Department of Land and Natural Resources -State Historic Preservation Division: (Planning Department Exhibit 8 — November 5, 2009 Letter 35. Department of Land and Natural Resources -Land Division: (Planning Department Exhibit 9 — November 30, 2009 Letter) 36. Department of Health: (Planning Department Exhibit 10 — November 23, 2009 Memo) 37. Department of Transportation (Planning Department Exhibit 11 — December 4 2009 and August 11, 2010 Letters) AGENCIES - NO RESPONSE 38. Parks and Recreation, HOVE Community Association, Land Use Commission and Office of Planning. APPLICANT'S SUBMITTAL 39. The applicant has submitted the following information regarding the proposed request. (Planning Department Exhibit 12 — Letter dated December 15, 2009 with attached Solid Waste Management Plan, Letter dated December 16, 2009, Supplemental Traffic Study dated February 22, 2010, and Letter dated September 1, 2010) PUBLIC COMMENTS 40. The Planning Department received a letter from Leonard, Elba and Susan Smith: (Planning Department Exhibit 13 — Letter dated November 16, 2009). -6- STATE LAND USE BOUNDARY AMENDMENT APPLI =PAS: T tE T—K (15 ACRES OR LESS) C Cif #',<i OF HAWAII COUNTY OF HAWAII ot r; PLANNING • DEPARTMENT ` FIL'i: V OCT 2 2 (Type or legibly print the requested information) PETITIONER: Pua Mauka Development LLC PETITIONER'S SIGNATURE: DATE: 6/22/2009 ADDRESS: c/o James Sogi, 75 -170 Hualalai Rd D120 Kailua Kona HI 96740 PETITIONER'S INTEREST IF NOT OWNER: see attached form TELEPHONE:(Bus.) 808 329 -5672 (Res.) (Fax) LANDOWNER(S): Pua Mauka Development LLC LANDOWNER SIGNATURE(S): see attached form DATE: 6/22/2009 (May be by letter) ADDRESS: co James Sogi 75 -170 Hualalai Rd. D120 Kailua Kona HI 96740 TAX MAP KEY: 9 -2 -82:2 STREET ADDRESS OF PROPERTY: 1 Hawaii Blvd, Ocean View, HI 96737 ZONING: Ag 1 SIZE OF PROPERTY: 3 ac CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Urban AGENT: James Sogi ADDRESS: 75-170 Hualalai Rd D120, Kailua -Kona, HI 96740 TELEPHONE:(Bus.) 808 -329 -5672 (Res.) (Fax) Please indicate to whore original correspondence and copies should be sent. ORIGINAL: James SOgi COPIES: 20 Planning Dept. (See Instructions on Reverse Side) Exhibit 1 STATE LAND USE BOUNDARY AMENDMENT �,i , `6 ',NT (15 ACRES OR LESS) ��ttf��; ' � . v,rt { PLA DEPARTMENT 21 . (Type or legibly print the requested information) PETITIONER: Pua Mauka Development LLC PETITIONER'S SIGNATURE: (A*26€„40- DATE: Z- 7,U8 ADDRESS: coo James Sogi 75 -170 Hualalai Rd., D120 Kailua Kona HI 96740 PETITIONER'S INTEREST IF NOT OWNER: % l .4 TELEPHONE:(Bus.) So 8 9Z1SSi4 (Res.) &S s I,3 (Fax) is' 8'572 - 03cf7 LANDOWNER(S): same LANDOWNER SIGNATURE(S): - DATE: 472.2- Z ,Ma be by letter) rr ADDRESS: / " 5,77c 4 /09Pr. • U741 PU A t''lAl) I A IS vG L tGn) TAX MAP KEY: 9 -2 -82:2 STREET ADDRESS OF PROPE;. 1 lawaii Blv( Ocean View Hawaii ZONING: AG 1 _ SIZE OF PRA";» R.TY: 3 ac c2. PTENT STATE LAN TI 5: I` -_ QI- SiFIC, 1I:0nf. Agriculture-1i REQUESTED STATE . :_AND USE DISTRICT CLASSIFICATION: Urban AGENT: James Sogi ADDRESS: -75 -17 Hualalai Rd D120 Kailua Kona HI 9 -140 TELEPHONE:(Bus.) 808 329 -5672 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: James Sogi COPIES: (See Instructions on Reverse Side) Pua Mauka S.L.U.B Amendment Application Attachments 1. Attachment 2. Location Map 3. Map of Proposed Development 4. Metes and Bounds Description 5. Addresses of Surrounding Lands. 6. Archaeology Report 7. SHPD No Effect Letter 8. Warranty Deed 9. Real Property Tax Clearance Letter 10. Traffic Study 11. Water Study 12. Water Supply Agreement 13. Planning Commission Special Permit August 8 1991 . 14. Letters in Support Project e a Attachment to State Land Use Boundary Amendment Application of Pua Mauka Development LLC TMK 9 -2- 082 :002. Background information. 3. Details of Proposed Use /Development. A. Project Description and objectives. The proposed development will be 3 mini self storage units totaling 7800 sf. Two of buildings will be 20 feet x 100 feet. The third unit will be 30 feet x 100 feet. A plot plan is attached as Exhibit 3. There will be 20, 24 and 16 storage units in the 3 buildings totalling 60 storage units. Three buildings are proposed in the mauka eastern portion of the lot covering approximately 1/6 of the land area. There will be access by paved and gravel 20 foot wide driveways to the storage and associated parking. There will be rock walls retaining the drive and building pad sides. There will be two water storage tanks 10,000 gallons and 8500 gallons and pump for water storage and collection. Timetable for construction is 1 year. Cost is $1,000,000. Financing will be by cash, funding or loan. Statement of Objectives and Reason for Request. Change from Agricultural designation to Urban to develop 3 self storage units. Parcel was previously approved for Special Use permit 781 for commercial and office use in 1991. B. Description of land . The land is located in Ocean View on the mauka north east corner of Hawaii Blvd. and Hawaii Belt Road in Ocean View. Tax Map Key is (3) 9 -2- 082:002. The land is located in the Kahuku, District of Kau, County and State of Hawaii, Lot 21 -C -1 Block 67 Hawaiian Ocean View Estates, File Plan No. 738 being portions of lots 21 -B and 21 -C of Block 67 and Grant 2791 to C.C. Harris. 3.183 Acres located at 1 Hawaii Blvd, Ocean View, County of Hawaii. C. State /County Plans affecting the subject request: County Zoning is A -la. State Land Use Designation: Agricultural. County General Plan Designation: Urban Expansion Area. The land is not in the Special Management area, but in the Coastal Zone Management area. The Ka'u Community Development Plan is currently being prepared with a charrette for the area scheduled for November. D. Surrounding Zoning: TMK (3) 9 -2- 083 -021 across Hawaii Blvd to the south is classified as property class commercial and has buildings classified as COMMERCIAL C -2 (WD) and single family. It is zoned Ag-la but has special use permit for commercial use including a restaurant, bar known as Mister Bell's Restaurant and a commercial real estate office of H. McKee Realty. The area mauka of the subject lot is Hawaiian Ocean View Estates and is generally Ag -1 and single family residential and vacant lots. The area across the highway on the makai side is Hawaiian Ocean View Ranchos and is Ag 3 with single family residential and vacant lots. � 5 E + j 9 -2- 082 -001 is zoned Ag-la and is single family residential in use 1 acre. This is the only dwelling structure in the land surrounding the proposed development. 9 -2- 082 -003 is zoned Ag-la and is vacant land. 9 -2- 082 -005 is zoned Ag-la and is vacant land. 9 -2- 082 -009 is zoned Ag-la and is vacant land. Mamalahoa Highway borders the western edge of the land. E. Flood Insurance Map designation. The Flood Insurance Map designation is Zone X. F. Archaeological resources. None. A field study attached as Exhibit 6 was performed and no archaeological resources were found. The letter was submitted to the SHPD, and they issued a No effect" letter attached as Exhibit 7. G. Floral and Faunal Resources. The site, which forms part of the Kipuka Waiahuli, formerly contained a sparse forest on recent a'a corresponding to the Lowland Dry/Montane Dry Forests zones as defined by biographers (Gagne and Cuddihy 1990). Recent bulldozing has eliminated most of the original vegetation. The dominant native tree in the pre- modern, natural vegetation of the site (as evidenced by vegetation communities in and adjacent to the kipuka) was probably the 'ohi'a (Metrosideros polymorpha). Sub - dominants included several natives: mamane (Sophora chrysophylla), alahe'e (Canthium odoratum) and a'ali'i (Dodonea viscosa). There are a number of alien trees and shrubs, the most common being lantana (Lantana camara) and sourbush (Pluchea odorata) . The present vegetation consists of one half acre that includes several small 'ohi'a trees . The remainder of the site is dominated by alien species or bare bulldozed lava. The site does not appear to have significant habitat potential for native fauna, although several native birds do probably make occasional use of the general area. The native raptors, 'io (Buteo solitarius) and the Hawaiian owl or pueo (Asio flammeus sandwichensis) are extremely adaptable and may make occasional use of the area. No impact upon these species would be likely from this project. The Hawaiian hoary bat, (Lasiurus cinereus semotus), is also known to be present in the general area, as it is common in many lowland forest on the island of Hawaii. No impact on bat habitat is anticipated. No listed, candidate or proposed endangered animal or plant species are found on the property. In terms of conservation value, no botanical or zoological resources requiring special protection are present. H. No valued cultural resources. Exhibit 6 archaeological report showing no valued cultural resources. I. Public Access. There are no public access routes, paths, or trails to the mountains or to the sea that cross the property. J. Description of access. The access is from Hawaii Blvd. which adjoins the property and is a 60 foot wide right of way with 16 foot wide pavement surfaced with macadam in good condition. It is maintained by the H.O.V.E. Road Maintenance Corporation. The H.O.V.E. road system { is a private road system in which applicant own an undivided interest and has the right of access as shown by the undivided interest in the roadway lot attached as Exhibit 8. Hawaii Blvd leads directly into Mamalahoa Highway Route 11 which is a State highway. K . Traffic. Stephen J. Herbert P.E. did a traffic study which is attached as Exhibit 10. The access is the 60 foot wide access to Hawaiian Ocean View Estates subdivision road Hawaii Boulevard from Hawaii Belt Road Route 11. There is a 1000 foot line of sight in either direction. The posted speed limit is 55 mph. The anticipated traffic flow for this development is very low. For the 7800 sf. storage there will be 21 vehicles per day, or only one repetitive turn per hour. At such usage levels, no acceleration, deceleration or turning lanes will be needed. The study was submitted to the State Highways Department, but in their August 18, 2009 letter attached as part of Exhibit 10 they asked to see the entire application first, and noted that normally the entire complete application is submitted for review, rather than prior to the submission of a complete boundary amendment request and application, but had no specific objections to the manner the study was prepared and the sufficiency of the information contained therein. L. Availability of Utilities: Helco power is on site. Sewage is septic tank. Water is available by catchment and water tank storage and trucked water. According to the report of Engineer Stephen J. Herbert, P.E. attached as Ex. 11 regarding water requirements, the annual rainfall in the area is 9 inches and 6.75 inches collectable. For an average daily and annual demand of 288 /day and 103,680 gallon per year, the collection area required is 28,321 square feet. The collection area proposed is 5,505 square feet. Additional gallons of water may and be and will purchased in the amount of 6710 gallons a month, and a water provider has attached their letter attached as Exhibit 12 attesting to supply the water. According to the engineering study, A 10,000 gallon tank will satisfy the 34 day supply. A larger tank is not recommended due to algae in the standing water. Trucking water will supply any additional water needed. County water is not available in the Ocean View area so catchment and trucking is the only viable alternative. According to the Ka'u to South Kona Water Master Plan Draft Report County of Hawaiyi March 2004 there is no existing County water system from Wai'ohinu to Ho'okena. Individual water systems are catchment. However, some large landowners have developed small private water systems. Most families rely on water hauling to supplement catchment water. Several commercial water haulers regularly deliver water to homes and businesses. Sources in the area indicate a hauling cost of $100 to $200 per 4,000 gallons, depending on the location of delivery. Commercial water haulers have temporary water meters off fire hydrants in Na'alehu. The community is also allowed to take water from spigots in Wai'ohinu and Ho'okena for noncommercial use. The applicant has an agreement with a water carrier to provide water in excess of the the catchment capacity if needed. A copy of the letter from Kahuku Trucking to provide water is attached as Exhibit 12. According to the above Water Master Plan, Ten thousand gallons of total storage, priced from $5,000 to $10,000, is the recommended size for most of the region. This size will accommodate both rainfall catchment water and hauled water. Investing in a much � s larger tank will only grant increased storage capacity for hauled water, given the area's rainfall. Hauling must be used to supplement any deficit and is generally not delivered in quantities less than 3,000 gallons. Sanitary drinking water can be supplied using off -the- shelf components, such as particle filter, charcoal filter, and ultra - violet (UV) treatment or chlorination using household bleach. A typical cost for providing this treatment (with UV) is about $1,300. The diminished rainfall exacerbates any inadequacies and forces increased hauling. The Hawaii County Water Department said they have no specific requirement for catchment where they do not provide water. They said there are no known moratoriums on hauling water and public spigot , though the number of haulers is limited. The Fire Department guidelines require an 8500gallon tank for the 70,000 cubic feet of building, and an 8,500 - 10,000 gallon tank will be built for that purpose. Helco provides electric service to the lot. 4.A. State Land Use designation: Agricultural. The land is all pahoehoe rock and not suitable for any type of agricultural use. The proposed use is not contrary to Chapter 205A, and will satisfy the goals and policies of the Coastal Zone Management Act. Coastal Zone Management Act. HRS Chapter 205A Coastal zone management program; objectives and policies will be satisfied by this development proposal. (1) Recreational resources; This property is located over 6 miles away from the coast, so there will be no negative impacts on coastal recreation directly. The storage will provide the nearest storage of recreational equipment which can be transported to the coastal area such as boats, thrill craft, surfboards, fishing equipment and supplies, and as the nearest storage to the coastal area it will provide support for recreational activities, boating, and other forms of recreation. (2) Historic resources; The Historic resources will not be affected as no historical sites or resources exist on the property as shown by the Scientific Consultant Services archeological study and SHPD no impact statements attached as Exhibit 6 and 7. (3) Scenic and open space resources will not be affected on the coast as the project is 5 miles from the coast. The project is low and will not impact view planes, and is located mauka of Highway 11. (4) Coastal ecosystems will not be affected as they are 6 miles away. (5) Economic uses will be enhanced by providing private facilities and improvements important to the State's economy in suitable locations for storage. This will aid the Ocean. View population from having to drive to Kona for storage. It will provide additional employment opportunity during construction and while operating. It will provide important storage for construction in the area and for Local businesses. p A (6) Coastal hazards will not be affected. (7) Beach protection; By putting development 6 miles away from the beach it will reduce development pressure for industrial uses near coastal recreational areas of scenic beauty. (8) Scenic and open space resources will be preserved by the low rise design of the proposed construction. The existing fauna will be retained. The development is not coastally dependent and is appropriately located inland so satisfing the CZMA policies. and reduces development pressures seaward of the shoreline. (10) Marine resources will not be affected as the ocean is 6 miles away. 4.B. General Plan goals will be satisfied by the proposed Land Use Boundary Amendments. State Land Use designation: Agricultural. The land is all pahoehoe rock and not suitable for any type of agricultural use. Soil quality is very poor. Applicable goals /policies and objectives of the General Plan for the Ka'u area are satisfied by the project. "2.2 Goals. (e) Strive for an economic climate that provides its residents an opportunity for choice of occupation." The mini storage facility will provide additional continuous full time employment in K'au near the population center without long commutes and now required. Despite large growth in the area, little additional employment opportunity has arisen in the area. Additional employment will be created during construction, and when completed, managers, maintenance, and professional, office, retail, and other employment will be created. There is no properly zoning or planned lands suitable in the area so the use must be done on agricultural land. However the land is totally unsuitable and unusable for any agriculture leaving and economic vacuum for the area. The Hawaii County General Plan for Commercial uses states the following goals and policies. "14.3.2 Goals (a) Provide for commercial developments that maximize convenience to users. (b) Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods." The proposed project with further the goals by providing self storage near to the residents of HOVE which is much more convenient that having to drive to Kona or getting their things stolen off their lands. The transportation of stored goods by HOVE residents will be served by having a storage facility in the subdivision rather than 30 miles away. The storage will provide facilities for agriculture and fishing equipment, boats, and products nearby. The Hawaii County General Plan states the following policies for Commercial development. "14.3.3 Policies (a) Urban renewal, rehabilitation, and /or redevelopment programs shall be undertaken in cooperation with communities, businesses and governmental agencies. (b) Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. (c) Distribution of commercial areas shall meet the demands of neighborhood, community and regional needs. (d) Existing strip development shall be converted to more appropriate uses when and where it is feasible. (e) Encourage the concentration of commercial uses within and surrounding a central core area." The proposed development furthers these policies. The development will be located where there is existing electricity, adequate roads and access, and is convenient for any government services located right on Mamalahoa Hwy. The commercial services are needed in the HOVE area in the same area as other commercial and industrial uses adjacent to the subject and along the same central core corridor along Highway 19 which is convenient and appropriate for this development. The region and community needs self storage The Hawaii County General Plan profile for K'au Commerical planning states, "There are various commercial establishments, including general stores, restaurants, service station, Laundromat and offices in Ocean View along both sides of Highway 19." The proposed development will be in the same area, along Highway 19, and fits squarely in with the General Plan profile for Commercial use in the Ocean View area as set forth in the plan. Specifically the General Plan Course of Action for Commercial use in the Ka'u area encourages the type of use and location of the proposed development. "14.3.5.9.2 Courses of Action (a) Centralization of commercial activity in the communities of Pahala, Naalehu and Ocean View and the area of the Volcanoes National Park shall be encouraged. (b) Do not allow strip or spot commercial development on the highway outside of the designated urban areas." The proposed development falls directly within the encouraged course of action of the General Plan for the Ocean View area by centralizing the commercial development in the community of Ocean View along the existing central core corridor of commercial activity and development. The proposed development is right next to the centralized commercial activity in Ocean View. The labor source is from 1 the HOVE subdivision and is close. The area is adequately served by infrastructure appropriate for the low intensity use, near good roads. The proposed self storage use is appropriately located in the core commercial industrial center of HOVE on either side of Highway 19 along the road near the subject and across the street from the subject where the restaurant and commercial offices are located. 5. Site Plan. Exhibit 3 includes the building plan, existing walls, with topography. 6. 2x3 Map showing proposed development. Attached . 7. Legal Description. Ex. 4 is the legal description. 8. List of names and TMKs for notice are listed on Ex. 5 9. Additional information. Letters of support of project. Ex. 14. 1 -ocean view hawaii - Google Maps http: / /maps.google.com /maps ?f= s &utm_campaign= en &utm_sourc t Gooie Address maps . �� Bay g f t . . I 2; S + x.: } ° ry 5 $ tAl t,, F, j L i 5 r- i y j . a { ti s �t? � � � ^r � ��.,+, ' � ` , � t : + i .e, sr <; l F�QP.St �.l;.si;4'4+0 -. �� ,�, '`55.1 � / k4;; e f S s l'sr .'. a z ��x*f� a. es .:,i1:4';'''''' i � z. • ..,-:4.';!..;:'',-.:,'',''':. t 'fi5; Kil7 di a o ,,z, - ;•:•: ^s i l : 3 �' L • i "'+ f36iural Riisi.i a F ", ' 5 hrU rC7r -.t *14;.:,::1::.i.:-,,,,: Y a I i . 1 , • .,: a 'i l ! •.xl ..r . i3 7 Y 4 -i A w ^('^ ` f 6 't b � 1i Le r �irki Y l , . -- ta i r p € fi. . 'T'n . i Wj .. f�a aX8?iHn. !j a r. 1 . . y % sti . . . ' 'tarw3clfl View ��,,±± {{��__� " ij o�� "i d1j Bolt R�:: '11 7 ,1- i�� r .y K T�c.,.� . }� y .' ° R iAS°ixY 3 Y ;r 5t - nk , 'R:tw ° � � � �s f • •.•• {iirq Ya 5 3 'x , x a te , � . ,� �� s: t c �1 g er s L LIIana fi t ? F j t ' , T °` £� t " s 3 , �r `a'k 1} } / T,kt -�+y r, 4 a ' y [ -;',',z:',. s t 4 4 Y t. € s 'lI^RL s) to 'Y A` --; «Yt �,�z'. CY^ r ".� L j 4 '.'...ii i 4 -. l r , - t � . '." < § ,'� z 5'''a ' •_. ''.,, , x t , + 4 C . « t i Y i,3 `� z3Fi'` S R - " � A �� '^` 7 � - t, r � e r , � a i . . fir " t " �� k E s �i !t. J i ^' G$ aH s / ': ''''j.1;''''::::"172'4-1, 's"j:41:;14:' -' ....4°'''' '" `.vt . ' — '� i�. • • E • . r 11 /A /n AAA 1A.1 (1 AT O �� me v >yv ao :1!:! ° m I .7,..4,: m o >G �p Co ¢ ¢ O oyov' °m a' ry t0 Q=r r0n M\ o N m` mw a ` °�n M E " W Ij A , o °ms =x ilm ■� 6' mad° _� ■\ Thy`T. :- d E 0 C H _ Y rn SD ' ,:.',--• l o o n o m \ 5� 'N \. b. °' ' -» m h < \. x"' - Y , p m N . g m m O Q el a 7 m o ' 2 e -. £ a o` Em a zN °d :67se � d 3 o E° v 'U tILL i a L t .a * 0 -6• `:.I� �' - .° m oo � 6� J y ► -z-sr Z i` r i 1�� !!-----..-91111/ ' ` � 5 t11S $2g\ Z f o zk , 101 ; -I, mo o I I. i m ' I. 1 I l � S O �= ;. Z 0 ce al �° / Nip \ n ce N I, I� U � b�, p mco '\,.!0a /,// rU / r, Q m /ri !a/ N Q i J N Q f / i O C1p Z N U fl2 i � � ` °/Q I� - b s o Bo, ,1 M ram ,, I N o z 9 g . % o g ; / Q \ I r . t - --, / i o i O . �";t \ Qr'li y / ■ / >M Z 0 o J F n 2 ` . N / -' � : / _ -- - ,/ M me a •• � vk W N W W Q¢ as t. co i \ } 49B /� y o _ Y. W Hh :mH ri N..: I Wpb /: `�6 r i a ♦ �+ i•� CCC ���.'�. y " ...„:":2-- l ! Z D Z 0 01X-..4 b / 1 � /'� ; / I I I J p A r ,. . I A r/ /I 2 . / . Y ID •• " ` - z o b ve,' p i ' •--, \ �1 Gy t izt? 01 t. j N - y. i' 1/4 1 7 4" b — � `�J l Z' N .. �/ .\ �l / I , �Q' i s•.. l - . a l Q -N• i - �. �11 m I I 5 0. (% g - ., I y861, -:`,\--.-71-i• ,/ Q CI`o 0 U 2 70 " - � ;o ,/r1 ' S in � O s / 9/ \ � \ i i 0 Z N v O, T 10 N ` ; o ��, & 1 8L6y j m ,..t. t , c - 2 I QCV W UtJ 3 NN � ; , , '9 j- - -' ' Z � m v mco m � gg B EE g v Q N.t2fO , `h e `d ' y m a' 1-, m € �i o - 2 8° -- t 0 •- c <ZZ� CV O sei�Kyj —/ � Q°a o O t ° L i ; ¢9` ° � E }-Z . cy v 3 / ( m o �n mo g5 �`= '�Wm =O 00'66sfy E.smEE ,r k °g W U r6� o ' 6614// «m m 222O m mc°i- E wo n la! Q 'r. O 6 ,� omc a- cEmm��' s° ®u p` 7T3� / o cao° „ ,,,,,- 2 a £� o..Z Z,_,mY C- z z� � q!'" 3o E 6 'Q�. t0 O w • ' m 2'a c � m ca tO c m 2 `°� c ® O ON•� n I-- ‘1* aN � mE o aQ mW CmUn {�_ Q �^ O� c c�a °O � �.cm�Oc�E` C — = l O 0+. Ch • 2v` 5El� c � LL o 3 to Q +.'�Q 511 -, omm �� mE g 4 s ,c , =•O /jHmI- _eF3mw0 -qI, ' sX V... E F W S m 0 € @ O m`b . 5Eu z .- N m to rn a to m n m m g3 • O le V ill! �) Z o lam!' • ` d 1 Hawaii County http:// www. hawaiipropertytax .com /Map.asp ?Cmd= Pin &mnu =PSe: ?PQWERED 8pVIKANDA HELP CONTACT US H AVV A 1 1 COUNTY c au:roty :T *t;“,. , at..= 61are u ut .onueyanc REAL PRIDPERTY TAX EQFFICE Home Property Search RECORD DETAILS Address Parcel Number Advanced Parcel Data 920820020000 Sales NA PUA MAUKA DEVELOPMENT LLC Permits CURRENT RECORD Land N 1 of 1`YI Residential * I (l;.y 1101 1 ; + I . Return To Search Results Commercial Det. Structures 20 201 ' 020820 r C 9208 9Z 291 . 1 Sketch 2 _ ' t 8200 �, 5 8105 Values 8200 P rint This Map - \-- -- Tax Details 2008 `' _ 82000 . © Email This Tax Details 2007 5201 \0320 0 ! ' ' r . 200 - 92081051 92 8201 1 9 Tax Details 2006 Tax Details 2005 f 9205 1030 Tax Details 2004 �� '�. 92082002 92052001 Tax Details 2003 1 ` - -- v � , / / 2 083021 T ___ _ 12130011 9 150010 II. , t Th1111.111111.111 9 1'0001 Data Copyright Hawaii County [Disclaimer] Last Updated: 10/24/2008 Site Design Copyright 1999 -2004 Akanda Group LLC. All rights reserved. 5(.-3 I ocean view hawaii - Google Maps http: / /maps.google.com/ maps ?f =s &utm_campaign= en &utm_sourc v Address Goog maps F • r • { z. a �?r31 : : j � ? t s i . oC "X a Yn e , ' fit r. , ; + } a; ., 94t d r,. �.3s aj " -ed . `' L $ °' *x'^ k Fr 'C y.. 'f',.:4.1 3 as �5, , : P C:a ' + i -�a �' � r • s ue?, - ' r N r rc. i sr f a��� f"r g ` , R.„.r, {,, si . r •. te a. , r Ya 1 r ,r �" 7t . � 9 Ki Z`k QN cr" d 4vf 'a t'z 1,?4,t ` a f .' I L '- S • la • C w . t e# a te • ` 4,:...14,.;11;147i. ,7 r K s... r w ; .Gn, ' +" sn �. •�.. . Ri m r 'Yre r i VYN A • • ,, � § s �> r � a fix' t S'L� � + {3'. a C � y�;w.y .: y �` as L��t i& >Q rr� x * � .� ic : '�tf!. ; `F { t if 7' s Z, ,. rL S' P•s:; �� 4 'k - jl f t'• 7 . p• r 4n C; • ' o t yc 4 3 Ft 4 # t s s� ' s t .. ... k i ,�€', I � !� :4 t h„.,,, , rj0 co • • : c, xA. E < � 4 y.�� yy , • j �yy • • s E "' � v Ocean Nhgw • a (� • 1:11; • � u � . `� _ '4 • K ;' ,.. • �"'a c. • b r' u • • FO #11750 Page 1 of 2 I LOT 21 -C -1 BLOCK 67 HAWAIIAN OCEAN VIEW ESTATES Land situated on the Northerly side of Hawaii Belt Road and on the Westerly side of Hawaii Boulevard at Kahuku, Ka'u, Island and Count Hawaii, State of Hawaii. County of Being portions of: Lots 21 -B and 21 -C of Block 67 of Hawaiian Ocean View Estates; and Grant 2791 to C. C. Harris. Beginning at the Northeasterly corner of this parcel of land, bein g also the Southeasterly corner of Lot 21 -B -1 of this subdivision and being a point on the Westerly side of Hawaii Boulevard, the coordinates of said point of beginning referred to Government Survey Triangulation Statio n "PUU 0 KAMAOA" being 2,932.66 feet North and 7,267.55 feet West and run azimuths measured clockwise from True South: running by 1. 19 34' 52" 222.90 feet along the Westerly side of Hawaii Boulevard to a point; Thence, following along the Westerly side of Hawaii Boulevard on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance 2. 6 4 ° 34' 52" being: 28.28 feet to a point; 3. 109 34' 52" 655.00 feet along the Northerly side of Hawaii Belt Road to a point; 11 Page 1 of 2 WES THOMAS & ASSOCIATES, INC. 0 #11750 Lot 21 -C -1 Page 2 of 2 Thence, following along the Northerly side of Hawaii Belt Road on a curve to the right with a radius of 11,960.00 feet, the chord azimuth and distance being: 4. 109 36' 02" 8.12 feet to a point; Thence, for the next six (6) courses following along the remainder of Grant 2791 to C. C. Harris: 5. 199 35' 117.89 feet along Lot 13 of Block 67 of Hawaiian Ocean View Estates (File Plan 738) to a point; 6. 251 01' 30" 303.00 feet along Lot 17 of Block 67 of Hawaiian Ocean View Estates (File Plan 738) to a point; 7. 341 01' 30" 140.00 feet along Lot 21 -A of Block 67 of Hawaiian Ocean, View Estates to a point; 8. 312 41' 30" 50.00 feet along Lot 21 -B -1 of this subdivision to a point; 9. 294 00' 179.21 feet along Lot 21 -B -1 of this subdivision and along the remainders of Lots 21 -B and 21 -C to a point; 10. 259 05' 155.79 feet along Lot 21 -B -1 of this subdivision and along the remainder of Lot 21 -C to the point of beginning and containing an r Y ; , �` area o f 3.183 Acres. ''`�` WES THOMAS & ASSOCIATES, INC. !xi, kl "4', i u {S w F,:?. ' f * - / 4 Chrystai Thomas Yamasa Registered Professional Surveyor State of Hawaii Certificate No. LS4331 75 -5722 Kalawa Street Ka -Kona, Hawaii 96740 TMK: 9 -2 -82: Portions 01 and 02 (3rd Division) September 17, 1990 Page 2 of 2 WES THOMAS & ASSOCIATES, INC. LAND SURVEYORS r1(. 4 920820010000 WICKS,KENNETH R /DARLENE M TR P 0 BOX 6842 OCEAN VIEW 920820030000 CORRY,RICHARD 01 913 RIDGECREST DR HOUSTONTX77055 5, HECKERZ,THOMPSONPO BOX 1 976 KAMUELAHI96743 6, ACOSTA,LOUIS61 9 AIPO STREET HONOLULUH196825ACOSTA,JANET 7, ROSENBLOOMJESSE WPO BOX 6132 OCEAN VIEWHI L 8, ROSENBLOOMJESSE WPO BOX 6132 OCEAN VIEWHI L 9, HOUGH,GRAYSON9238 DEL MONTE AVE YUCCA VALLEYCA92284HOUGH,SARAH 10, HOUGH,GRAYSON9238 DEL MONTE AVE YUCCA VALLEYCA92284H000H,SARAH 11, FAMILY TRUST IWANAGAJAMES Y /MARY 2141 EL RANCHO VISTA FULLERTONCA92833 12, TAFISI,SELA TP 0 BOX 6367 OCEAN VIEWHI96737 13SMITH,LEONARD WM1462 G LONGARRY RD PASADENACA91 105 SMITH,ELBA N SMITH,SUSAN E 14FORTINI,WILLIAM JR P 0 BOX 6187 OCEAN VIEW 1 5TIMM,DAVID EP 0 BOX 2601 KAILUA KONAH196745 9208201 60000 SHEPHERD,AURA MP 0 BOX 3250 KAILUA KONAHI96745 9208201 70000 SHEPHERD,EUGENE EJR P 0 BOX 36 920820180000 ROSS,VERNON S TRUST5389 NO NAME HILL DR WASILLAAK99654 ROSS,SYLVIA C TRUST 9208201 90000 VALDOVINOS,ARNULF083 -5443 MAMALAHOA HWY CAPTAIN COOKHI96704 920820210000 MC GOWEN,KIMBERLY570 NORTH ROSSMORE AVE #205 LOS ANGELESCA90004 92083018 VEICO PRODUCTS INC 34710 92083020 WAILUKU TIRE CENTER LLC762 LOWER MAIN ST WAILUKUHI96793 92083020 ITO,HIROSHIPO BOX 416 RUNNING SPRINGSCA92382ITO,FUJIKO G 92083021 H MC KEE FOUNDATION INCP 0 BOX 6002 OCEAN VIEWHI96737 92081048 H MC KEE FOUNDATION INCP 0 BOX 6002 OCEAN VIEWHI96737 48, 92081 049 H MC KEE FOUNDATION INCP 0 BOX 6002 OCEAN VIEWHI96737 92081050 H MC KEE FOUNDATION INCP 0 BOX 6002 OCEAN VIEWHI96737 92081051 H MC KEE FOUNDATION INCP 0 BOX 6002 OCEAN VIEWHI96737 92081052 H MC KEE FOUNDATION INCP 0 BOX 6002 OCEAN VIEWHI96737 53, H MC KEE FOUNDATION INCP 0 BOX 6002 OCEAN VIEWHI96737 54, H MC KEE FOUNDATION INCP 0 BOX 6002 OCEAN VIEWHI96737 55, OZIMEC,MARC STEPHENC /O LANDMARK HAWAII INC P 0 BOX 1206 KEALAKEKUAHI96750 56, LANDMARK HAWAII INCP 0 BOX 1206 KEALAKEKUAHI96750 57, OZIMEC,ANDREW CC /0 LANDMARK HAWAII INC P 0 BOX 1 206 KEALAKEKUAHI96750 58, TITENSOR,BARRY R THE TITENSOR FAMILY TR7057 MOLOKAI DR PARADISECA95969TITENSOR,VI 61 HINDMAN,RAY /YONG TRUST3306 PTARMIGAN DR #4A WALNUT CREEKCA94595 9- 2- 150 -001, OGUSS,CARL FP 0 BOX 11430 HILOHI96721 _ o • 074, FOSS,STEVEN L FOSS STEVEN L /CARRIE R7006 141ST STREET CT E PUYALLUPWA98373FOSS,CAR 010, OGUSS,CARL FP 0 BOX 11430 HILOH196721 011, CALVERT,MARLENE E TRUST A20733 RANCHO LOS CERRITOS COVINACA91 724 20 CALVERT,MARLENE E TRUST B20733 RANCHO LOS CERRITOS COVINACA91 724 9- 2- 002 -001 UTILITIES LLC PO BOX 390399 KEAUHOU HI 96739 l SCS Project Number 615 -1 A FIELD INSPECTION LETTER REPORT COVERING APPROX. 3.18 ACRES FOR THE PAU MAUKA PROJECT IN OCEANVIEW ISLAND OF HAWAI'I, HAWAI'I [TMK 9 -2 -82:21 Prepared by: Tyler Paikuli- Campbell, B.A. and Robert L. Spear, Ph.D. December 2005 Prepared for: Rick Elhard P.O. Box 6313 Oceanview, HI 96737 S CIENTIFIC C ONSULTANT S ERVICES Inc. N AV/ All 711 Kapiotani Blvd. Suite 975 Honolulu, Hawaii 96813 Copyright © Scientific Consultant Services, Inc. 2005. All rights reserved SCIENTIFIC CONSULTANT SERVICES, Inc. b:_ weer »ac Z• a :� ems._ re,�, Y - .. Rick Elhard 711 Kapiolani Blvd., Suite 975 Honolulu, Hawaii 96813 P.O. Box 6313 Oceanview, HI. 96737 11/8/05 Dear Rick; At your request, Scientific Consultant Services, Inc. (SCS) conducted a Field Inspection of your approximately 3.18 acre Pau Mauka Project in Oceanview, Island of Hawaii (TMK:9 -2- 82:2) (Figure 1). This Field Inspection was conducted by Tyler Paikuli - Campbell in September, 2005, under the supervision of Robert L. Spear, Ph.D. The entire 3.18 acre area was covered by the surface inspection and there was good visibility throughout the project area (Figure 2). This field inspection determined that somewhat more than half of the property had been bulldozed sometime in the past, but that a large section of Ohia Forest was still present in the western half of the project area. Modern features, including rock terracing, rock walls, and landscape plants were observed in the parcel and photo - recorded. No surface architecture, except modern features, were observed and no lava tubes or rockshelters were encountered. In addition, there was no indication of possible subsurface deposits which might require testing. In sum, no significant historic sites were identified within the project area. It is our opinion that no significant historic sites are present within the project area and that no additional archaeological work is necessary for this parcel. With Regards, ■■■ Robert L. Spear, Ph.D. President Scientific Consultant Services, Inc. Ph: 808 - 597 -1182,2 SCS... sERvu c ALL YOUR ARCHAEOLOGICAL NEEDS ? 808 - 597 -1193 LINDA LINGLE "-'"'��t ' "-� LAURA H. THIELEN GOVERNOR OF HAF! 411 CHABYERSON 3 ..- ,• ` 5; .. BOARD OF LAND AND NATURAL RESOURCES 16"-S. COMMISSION ON WATER RESOURCE MANAGEMENT 1 �a�d and /� c , °' f, RUSSELL Y. TSUJI pE dry^ YI' " 'C,tl v 1 FIRST DEPUTY t I zC d / Its _I �T4 :� , 9N s * � 7 r ' KEN C. KAWAHARA DEPUTYD ,� f •- 1 }? v ;�,_ 1 S AQUATIC RECTOR - WATER O j '^ .1 :-. : ..;. - :.:; " BOATING ANDO OCEAN RECREATION �''/ �`� - - BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMENT '`:','• / CONSERVATION AND COASTAL LANDS L y . ; -.q K QZ 7 A ST CONSERVATION A ND RESOURCES ENFORCEMENT STM -' fy T+,� AWYAH ENGINEERING STRY AND 'fore or HaN 5`t DEPAP>rMEINT OF LAM AN NATURAL RESOURCES HIS KAHOOLAWE ISLAND RESERVE COMMISSION STATE HISTORIC r iZES'.:2VA "I' ?ON DIVISION LAND STATE PARKS 601 KAMOKILA BOUT ,:YARD- ROOM 555 KAPOLL1. HA`:''AII 96707 March 18, 2008 J. Jaynes Sogi, Attorney at Law Law 1? ;awai 1, LL L,, LOG NO: 2008.0619 75-170 fivalalai Road Suite D-120 DOC NO: 0803TS18 Kailua -Kona, Hl 9t'�t `i• Archaeology Dear Mr. Sogi : SUBJECT: Chapter 6E-42 Historic Presei-v�?rt;;' Review— Request for '`No Effect" Letter ,'r;r• . 18 Acres in Hawaiian Ocean View Estates iahuku Ahupua`a, Ka'u Disttrs.c , 'ifs. and ofHawai`i T11 (3) 9-2-082:002 Thank you for your correspondence with the SHP, ' w`;:ch we received on February 4, 2008. We determine that no historic properties will be at1 : :'1 serf because: 0 Intensive cultivation has _altered the land ❑ Residential development/urbanization has altc.m.:1 ne land ❑ Previous grubbing/grading has altered the Tar,:. fl An accepted Archaeological Assessment feu::cl r:. 'l istoric properties n SHPD previcusIv reviewed this proiect and - ig; 'on has been completed ® Other The SI12: j) accept., the 'Field Inspec. on . etter Report Covering Approx. 3.18 Acres for the Pau :vlar, Aa Project in Oceanview "'L, -,: !lc Consultant Services, Inc.; Paikuli- Cambell and Spe« , D cernber 2005) which state,; rl? , there are no significant historic sites within the parcel. In the event that historic resources, includirg nntan skeletal remains, lava tubes, and lava blisters /bubbles are Identified during the constr4c_,o.n .I ctivities, all work needs to cease in the immediate vicinity of the find . he find needs to be protect ' .,_;m additional disturbance, and the State Historic Preservation Divisic— needs to be co :tacted nnl e:1 '2'f'. . Please contact ` istant ' 1a wai: island A. r*. logist, Tim Scheffler ((808) 981 -2979 or, timothy.e.scheffler(c awaii.gov) if you have any ns or concerns regarding this letter. Aloha, 7 Nancy McMahon. . -eing Archaeology Branch Cl State Hi uric Pres r anon Division TS O BP ...�° ' i ;4 - y R -155 STATE OF HAWAII m ' i 6 '*' +;-, BUREAU OF CONVEYANCES MAR 07 20 RECORDED OS )i ` - i� ' 1 4.1 08:01 AM 4 111464,--- � 1 ,>"'+ Doc No(s) 2005 - 044110 1111111111111111INNIII /s/ CARL T. WATANABE R EGISTRAR OF CONV CONVEYANCES 20 1/1 Z6 CONVEYANCE TAX: $300.00 LAND COURT SYSTEM REGULAR SYSTEM Return by Mail (x) Pickup ( ) TO: F.-l) U PUA MAUKA DEVELOPMENT, LLC. Escrow No. 803092 -LJ P.O. Box 880507 Lee Joumigan Pukalani, HI 96788 ,- Total Number of Page : AFFECTS TAX MAP KEY (3)9 -2- 082 -002 WARRANTY DEED SELLER: MERLE MARTIN, 'husband of E. Maui Chong - Martin, whose mailing address is P.O. Box 6236, Ocean View, HI 96737 BUYER: PUA MAUKA DEVELOPMENT, LLC., a Hawaii limited liability company, whose mailing address is P.O. Box 880507, Pukalani, HI 96788 DESCRIPTION OF PROPERTY: The property covered by this Warranty Deed is described in Exhibit "A ", attached to this document. SALE AND TRANSFER OF PROPERTY: 4 In return for the Buyer's payment of the purchase price as agreed between Seller and Buyer, the Seller sells and transfers the property described in Exhibit "A" to the Buyer. SALE AND TRANSFER OF OTHER RIGHTS: Seller also sells and transfers to the Buyer the following: (A) All improvements located on the property; (B) All rights the Seller has in other property because of the Seller's ownership rs ro p of the property being sold (these rights are known as "easements and appurtenances "); (C) All rents or royalties from the property; (D) Any mineral and metallic rights owned by the Seller in the property; and (E) All other rights or privileges that the Seller owns because of the Seller's ownership of the property. BUYER'S TENANCY: The Buyer will take and own the property as TENANT IN SEVERALTY. The Buyer will also own the other rights described above in the same tenancy. SELLERS WARRANTIES: By signing this Warranty Deed, Seller gives Buyer a general warranty of title. This means that Seller guarantees: (A) That the Seller lawfully owns the property and other rights being sold to Buyer; (B) That the Seller has the right to sell and transfer the property and other rights described in Exhibit "A" and this Deed; (C) That there are no other claims by any person against the property or the other rights being sold and no other person has any rights in the property unless those claims or rights are described in Exhibit "A" under the title "SUBJECT TO"; and (D) That if any other person makes any lawful claim against the property or the other rights being sold, or has any rights in the property, and those claims or rights are not described in Exhibit "A" under the title "SUBJECT TO ", then the Seller will defend the Buyer's ownership against those lawful claims and rights. The Seller does not have any obligation to 2 defend the Buyer's ownership against any claims or rights described in Exhibit "A ". DEFINITIONS: The word "person" includes natural persons, business organizations and any other entity the law allows to own property or conduct business; The words "Seller" and "Buyer" include the persons named in this Deed and those who take over or succeed to that person's rights or interest, whether by purchase, inheritance, operation of law or otherwise. DATE: This Deed is being signed by the Seller on the` 7day of 4ek, 2005. "SELLER" )214/LnTi, MERLE MARTIN APPROVED AS TO FORM: PACIFIC STATES LEGAL GROUP Prepared by Pacific States Legal Group, 75 -5995 Kuakini Hwy, Suite 441, Kailua -Kona, Hawaii /(808) 329 -2076 C: \Shared\ KATY \Forms \CONVDOC. FRM\FIDELITY\ 2005\ February \PuaMaukaDev803092. wpd12 /10/05 3 1 STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this \ day of {zZ.nCctci( � , 2005 before me personally appeared MERLE MARTIN, to me known or satisfactorily proven to be the person described in and who executed the foregoing instrument and who acknowledged that he executed the same as his free act and deed. °$ [Print name of Notary Public] 3 '$ Notary Public, State of Hawaii '•.,��� My Commission Expires: o- C) Niteftss 41/6/— F ®F HP 4 EXHIBIT "A" All of that certain parcel of land situate at Kahuku, District of Kau, Island and County of Hawaii, State of Hawaii , situated on the Northerly side of Hawaii Belt Road and on the Westerly side of Hawaii Boulevard, being Lot 21 -C -1, Block 67, of the "Hawaiian Ocean View Estates ", as shown on File Plan No. 738, being portions of lots 21 -B and 21 -C of Block 67 of Hawaiian Ocean View Estates, and Grant 2791 to C.C. Harris, more particularly described as follows: Beginning at the Northeasterly corner of this parcel of land, being also the Southeasterly corner of Lot 21 -B -1 of this subdivision and being a point on the Westerly side of Hawaii Boulevard, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU 0 KAMAOA" being 2,932.66 feet North and 7,267.55 feet West and running by azimuths measured clockwise from True South: 1. 19 ° 34' 52' 222.90 feet along the Westerly side of Hawaii Boulevard to a point; Thence, following along the Westerly side of Hawaii Boulevard on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 2. 64 ° 34' 52" 28.28 feet to a point; 3. 109 ° 34' 52" 655.00 feet along the Northerly side of Hawaii Belt Road to a point; Thence following along the Northerly side of Hawaii Belt Road on a curve to the right with a radius of 11,960.00 feet, the chord azimuth and distance being: 4. 109 ° 366' 02" 8.12 feet to a point; Thence, for the next six (6) courses following along the remainder of Grant 2791 to C.C. Harris: 5. 199 ° 35' 117.89 feet along Lot 13 of Block 67 of Hawaiian Ocean View Estates ( File Plan No. 738) to a point; 6. 251 ° 01' 30" 303.00 feet along Lot 17 of Block 67 of Hawaiian Ocean View Estates ( File Plan No. 738) to a point; 7. 341 ° 01' 30" 140.00 feet along Lot 21 -A of Block 67 of Hawaiian FLB i I Ocean View Estates to a point; 8. 312 ° 41 � 30" 50.00 feet alon 9 294 ° 00' g Lot 21 -B -1 of this subdivision to a 179 21 point; feet along Lot 21 -B -1 of this subdivision and alon g the remainders of Lots 21 -B and 21 -C to a point; 10. 259 ° 05' 155.79 feet alon g Lot 21 -B_1 of this subdivision and along the remainder of Lot 21-C the poin of beginning and containin an areaoof 3.183 acres , more or less. s HE TOGETR WITH an undivided interest in and to al above mentioned Subdivision, together common with all other owners from troe wto ith im 1 roadways located easement-of-way the perpetual lands therein, in ov over, und a of ways u time of lands therein, in, over, under and a all of said roadways, for all ingress, egress and utility event it shall at any future time be deemed desirable by the COMMITTEE purposes; PROVIDED; HOWEVER, f the Escrow Fund heretofore established to convey the said avog control or the Road Maintenance portion of them to any proper governmental authority �,�, p f said roadways, the proper the maintenance n any ownership and easements herein set forth shall, to the undertake the extent necenance be forthwith terminated, and the said Grantee herein COMMITTEE and its e and the his said Grantee fa extent appoint does hereby irrevocably appoint said a ttorney-in-fact to make such conveyances. Being all of the property conveyed by the following: Deed g Grantor: Glenn N. Kimura, duly Representativ of the Estate of AI Coed and dualified Grantee: Merle Martin, husband of E. Cory, appointed Ancillary Personal Dated: November 27 Maui Chong - Martin, as Tenant in Severalty Recorded: December 27' 1989 1989, in the Bureau of Conveyances, State of Hawaii 24047 December 542. Book Warranty Deed Grantor: Kaye Cory ry Baker, a married woman Merle Martin, a married man, as Tenant in Several Dated: October 4, 1990 De Recorded: -- cember 4, 1990, in the Bureau of Conveyances St No. 90_184937 State of Hawaii, Document SUBJECT, HOWE TO: NM i I 1 1. Reservation in favor of State of Hawaii of all mineral and metallic mines. 2. Rights of Native Tenants as contained in Royal Patent Grant No. 2791. 3. Covenants, conditions and restrictions (deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex handicap, familial status or national origin) as set forth in the following: Deed Dated: June 14, 1963 Recorded: in the Bureau of Conveyances, State of Hawaii, Book 4571, Page 438. 4. Covenants, conditions and restrictions (deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex handicap, familial status or national origin) as set forth in the following: Deed Dated: October 4, 1965 Recorded: in the Bureau of Conveyances, State of Hawaii, Book 5154, Page 479. 5. Covenants, conditions and restrictions (deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex handicap, familial status or national origin) as set forth in the following: Deed Dated: July 12, 1966 Recorded: in the Bureau of Conveyances, State of Hawaii, Book 5385, Page 47. 6. AS TO THE UNDIVIDED 1/11,500 FEE SIMPLE INTEREST: A) Grant dated November 21, 1977, recorded in the Bureau of Conveyances, State of Hawaii in Book 12602, Page 765. B) Grant dated March 27, 1980, recorded in the Bureau of Conveyances, State of Hawaii in Book 14674, Page 177. C) Grant dated June 23, 1980, recorded in the Bureau of Conveyances, State of Hawaii in Book 15145, Page 72. Ex -k • D) Grant dated January 6, 1981, recorded in the Bureau of Conveyances, State of Hawaii in Book 15357, Page 233. E) Grant dated July 6, 1981, recorded in the Bureau of Conveyances, State of Hawaii in Book 15735, Page 105. 7. Terms and provisions of that certain H.O.V.E. ROAD MAINTENANCE CORPORATION (By- Laws), recorded in the Bureau of Conveyances, State of Hawaii in Book 23185 at Page 164. 8. Order Approving Stipulated Settlement and Final Judgment- Civil No. 89 -232- Third Circuit Court Plaintiff: H.O.V.E. Road Maintenance Corporation, a Hawaii non - profit corporation Dated: April 10, 1992 Document No. 92- 081679 RE: Subjecting every lot owner within the Hawaiian Ocean View Estates Subdivision to the Settlement Agreement between Plaintiff and Defendant, the Amended and Restated Articles of Incorporation of H.O.V.E. Road Maintenance Corporation and By -Laws of H.O.V.E. Road Maintenance Corporation END OF EXHIBIT "A "' Harry Kim - .` 114 , William Takaba Mayor ; ; � al , i;� Finance Director • __ ,t1* Nancy E. Crawforc Deputy Director County of Hawaii DEPARTMENT OF FINANCE - REAL PROPERTY TAX 101 Pauahi Street • Suite 4 • Hilo, Hawaii 96720 -4679 • Fax (808) 961 -8415 Appraisers (808) 961 -8354 • Clerical (808) 961 -8201 • Collections (808) 961 -8282 75 -5706 Kuakini Highway • Suite 112 • Kailua -Kona, Hawaii 96740 • Fax (808) 327 -3538 Appraisers (808) 327 -3542 • Clerical (808) 327 -3540 REAL PROPERTY TAX CLEARANCE • Date j'aN1. aop g TMK/Parcel I.D. No. (3) 4 4- ma- OO?-- (3) ( This is to certify that tiA War-N 3el 1M'31 (Owner's of record) has paid the County of Hawaii for the real property taxes due for the parcel (s) listed above upto and including IG 30 i by ea Property Tax Clerk Hawai 'i County is an Equal Opportunity Provider and Employer. Ev I MI Stephen J. Herbert P.E., Inc. 74 -5606 Pawai Place, Ste 203 • Kailua -Kona, HI 96740 Ph (808) 329 -5272 • Fax (808) 331 -2744 • sherbert @hawaii.rr.com May 8, 2008 • State of Hawaii, Dept of Transportation Highways Division 50 Maka'ala Street Hilo, HI 96720 Attn: Mr. Stanley Tamura Subject: Traffic Study — Self Storage Facility Hawaii Belt Highway (FAP No. F- 011 -1(2) TMK (3) 9 -2 -082: 002 The Owner of the above parcel has applied'to the County of Hawaii, Planning Department for rezoning in order to construct a seven thousand square foot self storage facility on the3.183 acre lot. The site fronts the Hawaii Belt Highway between the intersections of Leilani Parkway (Sta. 580 +35 ±) and Hawaii Boulevard (Sta. 592 +90 ±) that are access roads to the Hawaiian Ocean View Estates Subdivision. The closest Mile Marker is marked "79 Mile" and has Station Number Sta. 527 +00. Access to the site will be from the sixty foot wide access road on the South side of the property, which will be improved to the County Standard for a minor roadway having a pavement width of 16 feet. The line of sight to the left and right of the intersection of the roadway and the Belt Highway is in excess of 1,000 feet. The posted speed limit on the highway is 55 miles per hour. The anticipated traffic flow generated by this facility is very low. From the Institute of Traffic Engineers, Land Use Code 151, the traffic generator count for mini - warehouses is 2.61 vehicles per 1000 square feet. For this 7,800 sf facility, the weekday traffic count would be 20.35 vehicles per day. Using the ITE formulas for peak hour flow of 0.17 vehicles per hour in the morning and 0.26 vehicles per hour for afternoons, the peak flows calculate to 1.32 vehicles per hour in the mornings and 2.03 vehicles per hour in the afternoon. Using the ITE formulas for Saturday traffio, the vehicles per day rate is reduced to 18.17 vehicles, however the peak hour flow increases to 3.12 vehicles per hour. Assuming a worst case scenario of 4 vehicles per hour with fifty per cent of the vehicles entering the access road and fifty per cent leaving the access road, and assuming further, that each of these movements will turn left fifty per cent of the time and right fifty per cent of the time, it is estimated that only one repetitive turn will be made each hour. Based on the foregoing, it is my opinion that no provision has to be made for acceleration, deceleration, or safe harbor turning lanes to serve this project. Should you have questions concerning the calculations presented or the opinion made, please feel free to contact me at any time. Sincerely, or 1 / Ste• en . '` -n -rt P. . Hawaii Civil Engineer PE - 1978 Alaska Civil Engineer PE -1589 Hawaii Contractor ABC -4423 ( ) 0 CI Stephen J. Herbert P. P.E. P.O.Box 4481 Kailua -Kona, HI 96745 Ph (808) 329 -5272 o Fax (808) 325 -7966 :• sherbert @hawaii.rr.com August 24, 2009 Pua Mauka Development LLC Atn: Mr. Clifford Harrell P.O.Box 880507 Pukalani, HI 96788 Dear Clifford: Please find attached copy of the State of Hawaii, Dept of Transportation, Highways Division letter prepared in my reply to the Traffic Study prepare for your proposed Self Storage Facility. The Highways Division basically did not take any action on the Traffic Study as the submittal did not come through the normal Plan Approval process of the County Planning Dept. Hopefully, your Architect is preparing the Plan Approval drawings. These drawings may require Civil Engineering designs for Grading and Drainage Plans plus wastewater systems. We can help on these items, but need to know what the Planning Dept will be asking for. Mr. Tamura also has asked for supplemental information including a traffic count at the highway and adjacent roads. Hopefully, this can be avoided when his Department reviews the plan approval submittal. A traffic count requires on -site observation of traffic over several days of the week and then entering the information into a computer program to chart current and future traffic loads. In the past, Traffic Engineers have not had to prepare traffic counts, traffic reports and traffic studies in this area due to low travel volumes. Mr. Tamura also commented that the study should comply with HAR 16- 115 -9, which outlines the format of the Engineer's certification statement. I have attached a corrected version of the original traffic study, so that Mr. Sogi will have a complying format, should he chooses to use it in the Plan Approval submittal. My apologies for the confusion created by our endless bureaucracies. Yours truly, "64- Stephen J erbert P.E. cc: Mr. James Sogi Hawaii Civil Engineer PE -1978 Alaska Civil Engineer PE -1589 Hawaii Contractor ABC -4423 @( i . , Stephen J. Herbert P.E. P.O.Box 4481 ':• Kail ua -Kona, HI 96745 Ph (808) 3 29 -5272 •:• Fax (808) 325 -7966 sherbert @hawaii.rr.corn August 24, 2009 State of Hawaii, Dept of Transportation Highways Division 50 Maka'ala Street Hilo, HI 96720 Attn: Mr. Stanley Tamura Subject: Traffic Study — Self Storage Facility Hawaii Belt Highway (FAP No. F- 011 -1(2) TMK (3) 9 -2 -082: 002 The Owner of the above parcel has applied to the County of Hawaii, Planning Department for r order to construct a seven thousand square foot self storage facility on a 3.183 acre lot. The site the Hawaii Belt Highway between the intersections of Leilani Parkway (Sta. 580 +35± rezoning in Boulevard (Sta. 592+90±) fronts Hawaii that are access roads to the Hawaiian Ocean View Estates Subdivision. The closest Mile Marker is marked "79 Mile" and has Station Number Sta. 527 +00. Access to the site will be from the sixty foot wide access road on the South side of the property, which will be improved to the County Standard for a minor roadway having a pavement width of 16 feet. T sight to the left and right of the intersection of the roadway and the Belt Highway is in excess of 1,000 feet. The posted speed limit on the highway is 55 miles per hour. The line of The anticipated traffic flow generated by this facility is very low. From the Institute of Traffic En in Land Use Code 151, the traffic generator count for mini - warehouses is 2.61 vehicles per 1000 s feet. For this 7,800 sf facility, the weekday traffic count would be 20.35 vehicles per day. Using theers, formulas for peak hour flow of 0.17 vehicles per hour in the morning and 0.26 vehicles per hour for afternoons, the peak flows calculate to 1.32 vehicles per hour in the mornings and 2.03 vehicles the I in the afternoon. r per hour Using the ITE formulas for Saturday traffic, the vehicles per day rate is reduced to 18.1 however the peak hour flow increases to 3.12 vehicles per hour. Assuming a worst case scenario vehicles per hour with fifty 7 vehicles, access road, and assuming further, that each of these will tu left ifift ti 4 and right Y per cent leaving the 9 fifty per cent of the time, it is estimated that only one repetitive turn will be made each hour.. ht ift Based on the foregoing, it is my opinion that no provision has to be made for acceleration, deceleration, or safe harbor turning lanes to serve this project. Respectfully submitted. q \ H FR THIS WORK WAS PREPARED BY ME OR UNDER MY SUPERVISION. � � LICENSED PROFESSIONAL ENGINEER NO. 1978 -C f Stephen /J. Herbe „,,,,,,N, / ' U 5 ¢' "v a* i Expiration Date of License Oa Hawaii Civil Engineer PE -1978 Alaska Civil Engineer PE -1589 Hawaii Contractor ABC -4423 LINf'A-PNGLE .S pv GOVERNOR �P "; 9e ; , BRENNON T. MORIOKA y% DIRECTOR *lb a, �' 1 • Deputy Directors MICHAEL D. FORMBY Cam '' "' fFw FRANCIS PAUL KEENO BRIAN H. SEKIGUCHI STATE OF HAWAII JIRO A..SUMADA DEPARTMENT OF TRANSPORTATION HIGHWAYS DIVISION IN REPLY REFER TO: HAWAII DISTRICT HWY -H 09- 2.0674 50 MAKAALA STREET HILO, HAWAII 96720 TELEPHONE (808) 933 -8866 e FAX: (808) 933 -8869 August 18, 2009 Mr. Stephen J. Herbert, P.E. Kona Wai Engineering, LLC P.O. Box 4481 Kailua -Kona, Hawai `i 96745 Dear Mr. Herbert: SUBJECT: Traffic Study - Self Storage Facility Pending County of Hawaii Planning Department Rezoning Hawaii Belt Highway (FAP No. F- 011 -1(2) T.M.K. 9 -2 -082: 002 Por. H.O.V.E., Kahuku, Kau, Hawai'i We wish to acknowledge receipt of your letter transmittal and study dated August 11, 2009. • Generally, the - County Planning Department will provide copies to our Department for review and comment. The Department will then further distribute the copies to the appropriate divisions and branches at which time we will review the complete application and attachments. After all comments are received and coordinated, a response from the director will be sent to the County Planning Department. Please note that at this time we will only be able to provide general comments without pre- empting the departmental response. Please note that it is more difficult to review a study without the supplemental information which provides the context for the development such as the existing pavement conditions and traffic counts on the highway and adjacent roads. A conceptual layout plan depicting the buildings, parking area, utility connections and driveway locations relative to the state highway would be helpful. The study submittal for review should comply with HAR 16 -115 -9 (see attached). • Stephen Herbert August 19, 2009 HWY -H 09- 2.0674 Page 2 If you have any questions please call Mr. Clinton Yamada at 933 -1951. Very truly yours, P k / M. TAMURA Hawai`i District Engineer d d Stephen J. Herbert .E., Inc. 74 -5606 Pawai Place, Ste 203 •:• Kailua -Kona, HI 96740 Ph (808) 329 -5272 4. Fax (808) 331 -2744 sherbert @hawaii.rr.com August 27, 2008 Pua Mauka Development LLC Attn: Mr. Clifford Harrell P.O.Box 880507 Pukalani, HI 96788 Re: Water Storage at the Ocean View Project TMK (3) 9 -2 -082: 002 Below are calculations and recommendations for water storage and collection areas required to support the Water Consumption Estimate prepared for your Ocean View Storage Units project. Annual Rainfall at Kahuku Ranch - 9 inches (source NOAA) Collection Efficiency - 75% Collectable Annual Rainfall - 635 inches (.56ft) Phase 1- Average Daily Demand - 288 gal /day Phase 1— Annual Demand - 103,680 gal / 13,680 cf Collection Area Required - 28,321 sf Proposed Collection Area - 5,505 sf Phase 2 — Average Daily Demand - 1,000 gal /day Phase 2 — Annual Demand - 360,000 gal / 48,128 cf Collection Area Required - 185,092 sf Proposed Collection Area - 10,000 sf The following additional gallons of water will have to be purchased from outside sources and delivered as needed each month: Phase I: .6,710 gallons / month Phase II: 26,494 gallons / month With respect to recommended storage capacity, a thirty to sixty day supply is normally recommended. For Phase 1, I recommend that a 10,000 gallon tank be installed, which would work out to a 34 day supply. For Phase 2, a 20,000 gallon tank is recommended, however this would only provide a 20 day supply. Larger tanks are available, but not very practical due to much higher costs, plus the longer retention times increase the likelihood of algae and other contaminants forming in the standing water. Hawaii Civil Engineer PE -1978 Alaska Civil Engineer PE -1589 Hawaii Contractor ABC -4423 3 4 8/27/2008 Page 2 of 2 From the above information, it is clear that water conservation is an important economic decision. The Water Consumption Estimate included allowances for landscape irrigation, however if "xeroscopic" type plantings are installed, total water demand could be reduced 20 to 40 percent. Again, thank you for this opportunity to be of service. Sincerely, Stephen J. Herbert P.E. cc: Mr. James Sogi, Esq. Hawaii Civil Engineer PE -1978 Alaska Civil Engineer PE -1589 Hawaii Contractor ABC -4423 3 8 N V (0 op 7 c0 S E N a) a ' ® ._ems . a c0 CO N 0) O LO N- N N 0 N- C) C) O R E d T 0 T i p . rn R 0 ) C R a 0 C ' - CO N O CI) 1.0 00 N N R VI N E r a) O m T v CD 0 0 0 co Q • i a • co co 0 T 0 C A °�. co 0 M R 2 < N E N o d W 0) 0 C F- O T O N Z a) H o 0 0 0 0 o CO CLa w N N N N N W • d g �o to 0 C > m 7 g N Q O ,, N R C 0. O a C o ur O 0 v 0 N m A 0 00 O M CD o � E N N V" N i. ! y U ILI I Q 2 A o • O d F- - i CO u 0 U) I a 0 W L A Z -) E m O 0 0 1 — a. F 0 u) D d Y ca ii o) o rn A o Z co 00 O 0 0 y O °' E � u> U O c V O O O a) a) ( n rti _ a) CA m W d N N N N c) 0 e N i E 0 Q E a) a) . a) • Q 5 a) a) 0. d N . y am p . >-, N O N CO p E N m c C C a C E a ' -R ' y R N E CO ✓ V NW a) a)W c•-) wW0 ch = 4) H CA ...• co .� Cr) w , w ' o (1) CU O R O R 0 C 0.S 0 0 C N _ >s O E co E o E o O E E ° Tz 0 N N C Z 2. Z Z = t m G) r- 'O N V 07 "O al R o 0 c 0 m CO P m co . m - V N N d Q) RI CO * C R C R C CO v) D +' E E 'O 10 O W � E •E a E v w ._ ._ o )- ), J 7 N O N 5 si) C N 0 V) y N I— c i Q Co (1) 03 CO c o w 13 N LL WW J . ° 4) R m �, a L m iii 0 ' " -- _.. - -- - ------ _._.. - -' - - -' -- -- - -- d m 0 Z El If Kahuku Trucking Unlimited Dba, Pure Hawaiian Water, Inc. P.O. Boa 1042 Naalehu, Hawaii 96772 808- 929 -8333 August 3, 2008 Fed. I.D. 30- 0287292 PUC 5130 -C Re. Water supply for One Hawaii Blvd. Ocean View Hawaii 96737 To: County Console Board of Directors, Dear Board, My company can and will supply the property at One Hawaii Blvd. Ocean View Estates, Ocean View Hawaii with the water supply needs that are set forth by the county of Hawaii. We are capable of handling the requirements of this property as proposed by the water survey done for this property, and will be there if more water is needed as the property grows in the future. If you have any questions pertaining to our capacity or mode of operations please feel free to contact us at the above number. Mahalo and Aloha, c iitr f Casey Santana Owner .6x 2- Lorraine R. Inouye • , ,�_ Planning Commiss •: yet:. Mayor 25 Aupuni Street, Rm. 109 • Hilo, Hawaii 96720 • (808) 961 -8288 i • �1�\ `O F - µ 'SP _ CERTIFIED MAIL August 8, 1991 Mr. Bruce Kawamura BK, Inc. 675 Kinoole Street Hilo, HI 96720 Dear Mr. Kawamura: Special Permit Application Applicant: BK, Inc. Commercial Office Building Tax Map Key: 9 -2 -82:02 The Planning Commission at its duly held public hearing on July 30, 1991, voted to approve your application, Special Permit Permit No. 781, to allow the establishment of a commercial office building, which would contain real estate, legal, business consulting, accounting /financial, engineering /drafting, insurance and medical /dental services, on 3.183 acres of land situated within the State Land Use Agricultural District. The property is located on the northwest corner (Kona side) of the Hawaii Belt Road - Hawaii Boulevard intersection, Hawaiian Ocean. View Estates, Kahuku, Ka'u, Hawaii. Approval of this request is subject to the following conditions: 1. The applicant, its successors, or assigns shall be responsible for complying with all stated conditions of approval. 2. Final Plan Approval for the first phase of the office complex shall be secured from the Planning Department within one year from the effective date of this permit. To assure adequate time for plan approval review and in accordance with Chapter 25 -244 (Zoning Code), plans shall be submitted a minimum of forty -five days prior to the date ek Mr. Bruce Kawamura August 8, 1991 Page 2 by which plan approval must be secured. Plans shall identify structures, landscaping, and parking stalls associated with the office complex. Landscaping shall provide a buffer between structures /parking areas and property boundaries. Parking shall comply with the requirements of Chapter 25 (Zoning Code). No variance from the Code shall be applied Pgrantg ied for or granted. 3. Construction of the first phase of the office complex and related improvements shall commence within one year from the date of receipt of Final Plan Approval and shall be completed within two years thereafter. 4. Final Plan Approval for the second phase shall be secured from the Planning Department within one year from the issuance of a certificate of occupancy for the first phase. Plans shall be prepared and submitted in accordance with Condition No. 2 above. 5. Construction of the second phase of the office complex and related improvements shall commence within one year from the date of receipt of Final Plan Approval and shall be completed within two years thereafter. 6. Access and drainage improvements shall meet with the approval of the Department of Public Works. 7. Comply with all other applicable laws, rules, regulations, and requirements including those of the Department of Health, the Fire Department, and the Department of Public Works. 8. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the approval of the permit. 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 with and the Planning Director acknowledges that further reports are not required. 9. An extension of time for the performance of conditions within the permit may be granted by the Planning Director upon the following circumstances: a) the non - performance is Ev.13 --s i N , Mr. Bruce Kawamura August 8, 1991 Page 3 the result of conditions that could not have been foreseen or are beyond the control of the a p assigns and that are not the resultof c their sfaultsor , or negligence; b) granting of the time extension would not be contrary to the general plan or zoning code; c)granting of the time extension would not be contrary to the original reasons for the granting of the permit; and d) the time extension granted shall i be for a period originally granted Period not to exceed the pondiion to` be for performance (i.e., a for up to toe edperformed Within o year may a nteof ed conditions not be met or substant ially e complied d with in ahe timely fashion, the Director shall initiate o revoke the permit. Procedures to This approval does not, however, sanction the specific submitted with the application as they may be subject to change given specific code and regulatory requirements of the affected plans agencies. g Please feel free to contact the Planning Department if there are any questions on this matter. Sincerely, - 7:) ) / / :/ / / 4/ . // ltA Mike Luce, Chairman Planning Commission 6568d jdk xc: Department of Public Works Department of Water Supply County Real Property Tax Division West Hawaii Office State Land Use Commission tee: Man approval Secffon mr -y'yp �� off` Anuenue Natural Foods. Deli 8 Bakery Ocean View Town Center 808 929-755( Mailing: P.O. Box 750 FAX. 808 939-755C Ilaalehu. HI 96772 Email: anuenuenaturalfoods@msncorr Hawaii County Planning Commission 75 -5706 Kuakini Highway, Suite 109 Kailua -Kona, Hawaii 96745 May 12, 2006 Dear Planning Commission: As an Ocean View business owner, I urge the Hawaii County Planning Commission to approve the Pua Mauka Development Project. The Ocean View population has boomed in the last two years, but almost no new businesses have been opened to accomodate this larger population. The severe shortage of commercial rentals in Ocean View prevents the needed new businesses from being established. Consequently Ka'u residents must drive 1 1/2 hours to Kona or Hilo even for everyday needs. Not only does this inconvenience those who live in Ka'u, it also adds to traffic problems and gas consumption. The Pua Mauka Development project would provide commercial rental space for new businesses and the expansion of existing businesses that would improve the standard of living for local residents. Please help all of us who live in Ka'u by approving this much needed project. Sincerely, 9 Linda Morgan Owner Iwo r. vs en r Kum : ra;; haw Hawaii L -LC TO: 9298575 PAGE: 002 OF 002 To: Chris Yuen and the Planning Commission Re: Pua Mauka Development Project on One Hawaii Blvd. Dear Sir, I am a resident of the HOVE area in Kau and support the proposed Pua Mauka development project for professional and commercial space, restaurant and storage. The HOVE and Kau area needs space for commercial activities, such as shops and offices, a restaurant and storage. Additional services available locally would lessen the need for HOVE residents to drive to Kona or Naalehu and save on gas and traffic and will provide employment opportunity. We urge you to approve the project. Dated: 5 EY.t4 To: Chris Yuen and the Planning Commission Re: Pua Mauka Development Project on One Hawaii Blvd. Dear Sir, I am a resident of the HOVE area in Kau and support the proposed Pua Mauka development project for professional and commercial space, restaurant and storage_ The HOVE and Kau area needs space for commercial activities, such as shops and offices, a restaurant and storage. Additional services available locally would lessen the need for HOVE residents to drive to Kona or Naalehu and save on gas and traffic and will provide employment opportunity. We urge you to approve the project. Dated: 24 S7( .,. Cg` 14 1 r To: Chris Yuen and the Planning Commission Re: Pua Mauka Development Project on One Hawaii Blvd. Dear Sir, I am a resident of the HOVE area in Kau and support the proposed Pua Mauka development project for professional and commercial space, restaurant and storage. The HOVE and Kau area needs space for commercial activities, such as shops and offices, a restaurant and storage. Additional services available locally would lessen the need for HOVE residents to drive to Kona or Naalehu and save on gas and traffic and will provide employment opportunity. We urge you to approve the project. Dated: 0 m J `) (p 4 L5OL YR 1 FV -14 1 To: Chris Yuen and the Planning Commission Re: Pua Mauka Development Project on One Hawaii Blvd. Dear Sir, .. I am a resident of the HOVE area in Kau and support the proposed Pua Mauka development project for professional and commercial space, restaurant and storage. The HOVE and Kau area needs space for commercial activities, such as shops and offices, a restaurant and storage. Additional services available locally would lessen the need for HOVE residents to drive to Kona or Naalehu and save on gas and traffic and will provide employment opportunity. We urge you to approve the project. Dated: 1 / 6C- c 6 s To: Chris Yuen and the Planning Commission Re: Pua Mauka Development Project on One Hawaii Blvd. Dear Sir, I am a resident of the HOVE area in Kau and support the proposed Pua Mauka development project for professional and commercial space, restaurant and storage. The HOVE and Kau area needs space for commercial activities, such as shops and offices, a restaurant and storage. Additional services available Locally would lessen the need for HOVE residents to drive to Kona or Naalehu and save on gas and traffic and will provide employment opportunity_ We urge you to approve the project. Dated: EX. (4- To: Chris Yuen and the Planning Commission Re: Pua Mauka Development Project on One Hawaii Blvd. Dear Sir, .. I am a resident of the HOVE area in Kau and support the proposed Pua Mauka development project for professional and commercial space, restaurant and storage. The HOVE and Kau area needs space for commercial activities, such as shops and offices, a restaurant and storage. Additional services available locally would lessen the need for HOVE residents to drive to Kona or Naalehu and save on gas and traffic and will provide employment opportunity. We urge you to approve the project. Dated: d e l .511/e) 6, To: Chris Yuen and the Planning Commission Re: Pua Mauka Development Project on One Hawaii Blvd. Dear Sir, I am a resident of the HOVE area in Kau and support the proposed Pua Mauka development project for professional and commercial space, restaurant and storage. The HOVE and Kau area needs space for commercial activities, such as shops and offices, a restaurant and storage. Additional services available locally would lessen the need for HOVE residents to drive to Kona or Naalehu and save on gas and traffic and will provide employment opportunity_ We urge you to approve the project. Dated: T , , ") 3 l`'< 4 t. ) Ex.11 To: Chris Yuen and the Planning Commission Re: Pua Mauka Development Project on One Hawaii Blvd. Dear Sir, I am a resident of the HOVE area in Kau and support the proposed Pua Mauka development project for professional and commercial space, restaurant and storage. The HOVE and Kau area needs space for commercial activities, such as shops and offices, a restaurant and storage. Additional services available locally would lessen the need for HOVE residents to drive to Kona or Naalehu and save on gas and traffic and will provide employment opportunity. We urge you to approve the project. Dated: 5 -11 _a go" 0 0170 F 14 CHANGE OF ZONE APPLICATION j _ ; 7 RI 2: a COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) V I APPLICANT: _B___ Mauka Develo me LLC APPLICANT'S SIGNATURE: Gf/ T - /04-47°1r I ADDRESS: c/o James Sogi, 75 -170 Hualalai Rd. D120, Kailua- g Kona,96740. LIST APPLICANT'S INTEREST IF NOT OWNER: `A t LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:Clifford Har , 7C Manager PHONE: (Bus.)808- 3295672 (Res.) (Fax)_ LANDOWNERS) :Pua Mauka, LLC 1(1)44/141-1"€-- LANDOWNER SIGNATURE(S): �DATE: //4C/ 8' (May be by LANDOWNER(S) ADDRESS:PO Box 880507, Pukalani HI 9678 REQUEST: AG1a to (Existing zoning) to MCX3c.(Proposed Zoning) TAX MAP KEY:9- 2 -82 -2 STREET ADDRESS OF PROPERTY:One Hawaii Blvd., Ocean View, HI. SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 3 ac. AGENT: Cliff Harrell ADDRESS:PO Box 880507, Pukalani HI 96788 TELEPHONE:(Bus.)c /o James Sogi 808 - 329 -5672 (Res.) (Fax)_ Please indicate to whom original correspondence and copies should be sent. ORIGINAL:James Sogi, 75 -170 Hualalai Rd. D120 Kailua Kona HI 96740 COPIES:same Planning Dept. Exhibit Z Pua Mauka Change of Zone Application Attachments 1. Application Change of Zone Questionnaire; Attachment Background and County Environmental Report 2. Location Map 3. Map of Proposed Development 4. Metes and Bounds Description 5. Addresses of Surrounding Lands. 6. Archaeology Report 7. SHPD No Effect Letter 8. Warranty Deed 9. Real Property Tax Clearance Letter 10. Traffic Study • 11. Water Study 12. Water Supply Agreement 13. Planning Commission Special Permit August 8 1991 14. Letters in Support Project ATTACHMENT Commercial, RM, Resort, & Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? NO 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? No b. Sell or lease the land to someone who has tentative plans? No c. Sell or lease the land to someone who has no plans? No. d. Keep it? Yes. e. other (please state) 3. What specific building plans do you have for the subject land? The proposed development will be 3 mini storage units. Three buildings are proposed in the Eastern portion of the lot covering approximately 1/5 of the land area. The remainder of the lot will remain open. There will be water storage tanks and associated pumps. Two building will be 20 feet x 100 feet. The third unit will be 30 feet x 100 feet. A plot plan is attached as Exhibit 3. There will be 20, 24 and 16 storage units in each building. Timetable for construction is 1 year. Cost is $1,000,000. Financing will be by cash, funding or loan. 4. Have you performed any study which would demonstrate a need for your proposed building and /or development? if so, please elaborate on your findings in the space provided below. Prior application for Special Use Permit 781 was previously granted in 1991 for similar commercial project and uses was granted based on public testimony on the need for commercial professional services in the area. Applicant has surveyed residents and businesses in the area and all are in favor of the development. Letters, both recent and prior, of support are attached. ��1 Soil Conservation Service Soil Survey (1972) identifies the soils as A'a lava (rLV). The Land Study Bureau Ovrall Productivity Rating of E258 indicates little or no agricultural value for the proposed site. 5. Have you performed any study which discusses the environmental impacts your request would have on the surrounding area and /or the County? If so, please elaborate on your findings in the space provided below. Scientific Consultant Services Inc., Field inspection attached dated 11/8/05 attached to application as Exhibit 6 showed no evidence of archaeological sites, no lava tubes or historic sites were present, We canvassed area neighbors and residents and businesses and all are in favor of the project. A shallow drainage ditch on the west side of the property collects on and off site runoff and passes the flow beneath Belt Road via a 24 inch culvert. 6. Are there any buildings on the subject area ? No 7 . Is the subject land currently being used for any agricultural activity ? NO 8. To your knowledge, has there been any flooding and /or drainage problem on the subject area ? NO. 9. Do you think that the roads leading to the subject area need improvement? No. If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes. 10. What sort of governmental assistance or improvements do you feel will be needed in the subject area when developed? Schools No Roads No Sewer No Drainage No Police Protection Yes, same as for surrounding community. Fire Protection Yes, same as for surrounding community. Recreational Facilities No For those checked "yes," please elaborate what type or kinds of improvements and /or assistance are needed. Roads in HOVE are privately owned and maintained so no burden on government roads are being created. Applicant will bear burden of driveways, septic systems, water. Water will be state of the art in large quantities for commercial use, and can be supplemented by hauling if drought. Parking will be constructed with drainage pits on site. 11. Have you performed any historic sites study and /or survey of the subject area? Yes. If so, what were the results? No historical site are present. Please, also, submit a copy of the study together with this change of zone supplement. See attached Scientific Consultant Services Inc., Field inspection attached dated 11/8/05 attached as Exhibit 6 and no effect letter from SHPD. Signature:Pua Muaka Development LLC, by Address : P.O. Box 880507, Pukalani HI 9788 Telephone:808- 929 -8514 Date: FROM : FAX NO. : Apr. 15 2006 02:23PM P2 a/12/2006 3:50 PH FROM: Fax LAw 118Waii LLC T: 9298575 PAGE: 006 OF 006 For those checked "yes," please elaborate what type or kinds of improvements and /or assistance: are needed. 11, Have you performed any historic sites study and /or survey of the subject area? If so, what were the results? Please, also, submit a copy of the study together with this change of zone supplement. } 5 , . • -s tzd , �. i Ci signature: .e"4 -11 d Address: . r / ,�o M) 7 / t4 %+¢ ,t' Tail J Telephone: 508.. 9 � 9' EX Date: ,W,t1 d 9 2—ac, 4 -5- 6338A/50A P. D. 5/81 • BACKGROUND AND COUNTY ENVIRONMENTAL REPORT (Attachment to Change of Zone Application of Pua Mauka Development LLC) TMK (3) 9 -2- 082:002 A. Subject request. 1. Details of Proposed Use /Development. a. Project Description. The proposed development will be 3 mini self storage units totaling 7800 sf. Two buildings will be 2000 square feet each. The third unit will be 3000 square feet. A plot plan is attached as Exhibit 3. There will be 20, 24 and 16 storage units in the 3 buildings for a total of 60 storage units. Three buildings are proposed in the eastern portion of the lot covering approximately 1/6 of the land area. There will be access by paved and gravel 20 foot wide driveways to the storage and associated parking. There will be rock walls retaining the drive and building pad sides. There will be two water storage tanks 10,000 gallons and 8500 gallons and pump for water storage and collection. b. Statement of Objectives and Reason for request. Change zone from Ag- l a to Industrial commercial mixed MCX3a to develop a mini - storage facility. The parcel was previously approved for Special Use permit 781 for commercial use in 1991. The area needs ministorage and there is no facility near K'au for mini storage. c. Number of acres /square feet. 3.183 Acres. d. Proposed units /floor area. 3 Buildings total 7,800 sq. ft. e. Time frame and cost. One year. $1,000,000.00 estimated budget. f. Number of employees and clients. 2 -3 managers and 2 -3 maintenance workers. 60 clients. g. Parking arrangement. 30 parking spaces or additional as required by zoning. As shown on the map attached as Exhibit 3, the parking spaces will be directly in front of the respective storage units. h. Traffic impacts. Stephen J. Herbert P.E. did a traffic study which is attached as Exhibit 10. The access is the 60 foot wide access to Hawaiian Ocean View Estates subdivision road Hawaii Boulevard from Hawaii Belt Road route 11. The speed limit for Ocean Blvd. is 25 miles per hour. There is a 1000 foot line of sight in either direction. The posted speed limit is 55 mph on Mamalahoa Highway. The anticipated traffic flow for this development is very low. For the 7800 sf. storage there will be 21 vehicles per day, or only one repetitive turn per hour. At such usage levels, no acceleration, deceleration or turning lanes will be needed. The study was submitted to the State Highways Department, and had no specific objections but asked to see the entire application first, and noted that normally the entire complete application is submitted for review, rather than prior to the submission of a complete boundary amendment request and application, but had no specific objections to the manner the study was prepared and the sufficiency of the information contained therein. Their response letter dated August 18, 2009, is attached as part of Exhibit 10. j. Proposed on -site and off -site infrastructure. Parking, per code with on site drainage. Septic tank will serve sanitary facilities, water storage for water supply. Utility areas for propane, solid waste and trash are planned. State of the art water catchment systems will be installed with excess capacity for commercial use. Helco electricity serves the location. The Fire Department access requirements attached as Exhibit 15 will be implemented as part of the development. B. Conformance with State /County Plans. 2. State Land Use designation: Agricultural. A request to amend the State Land Use Boundary designation from Agricultural to Urban is being processed together with the change of zoning application. 3. Coastal Zone Management Act. HRS Chapter 205A Coastal zone management program; objectives and policies will be satisfied by this development proposal. (1) Recreational resources; This property is located 6 miles away from the coast, so there will be no negative impacts on coastal recreation directly. The storage will provide the nearest storage of recreational equipment which can be transported to the coastal area such as boats, thrill craft, surfboards, fishing eouipment and supplies, and as the nearest storage to the coastal area it will provide support for recreational activities, boating, and other forms of recreation. (2) Historic resources; The Historic resources will not be affected as no historical sites or resources exist on the property as shown by the Scientific Consultant Services archaeological study and SHPD no impact statements attached as Exhibit 6 and 7. (3) Scenic and open space resources will not be affected on the coast as the project is 6 miles from the coast. The project is low and will not impact view planes, and is located adjacent to and mauka of Highway 11. The proposed structures are low rise one story on a gently sloping lot. (4) Coastal ecosystems will not be affected as they are 6 miles away. (5) Economic uses will be enhanced by providing private facilities and improvements important to the State's economy in suitable locations for storage. This will aid the Ocean View population from having to drive to Kona for storage. It will provide additional employment opportunity during construction and while operating. It will provide important storage for construction in the area and for local businesses. (6) Coastal hazards will not be affected. (7) Beach protection; Putting development 6 miles away from the beach it will reduce development pressure for industrial uses near coastal recreational areas of scenic beauty. (8) Scenic and open space resources will be preserved by the low rise design of the proposed construction. The existing plants will be retained where possible and landscaping will compliment local flora. The development is not coastally dependent and is appropriately located inland so satisfying the CZMA policies. and - reduces development pressures seaward of the shoreline. (10) Marine resources will not be affected as the ocean is 6 miles away. 4.B. General Plan goals will be satisfied by the proposed rezoning and Land Use Boundary Amendments. Applicable goals /policies and objectives of the General Plan for the Ka'u area are satisfied by the project. "2.2 Goals. (e) Strive for an economic climate that provides its residents an opportunity for choice of occupation." The storage provides employment in K'au near the population center without long commutes and now required. Despite large population growth of 31% in the area, little additional employment opportunity has arisen in the area. Additional employment will be created during construction, and when completed, managers, maintenance, and professional, office, service, repair, and other employment will be created. There is no properly zoning or planned lands suitable in the area so the use must be done on currently zoned agricultural land. However the land is totally unsuitable and unusable for any agriculture leaving and economic vacuum for the area. "2.4.9.1 Courses of Action for Kau. (a) Balance development with the social and physical environment of the area. Provisions for orderly development, housing, and pollution controls shall be implemented." Provision for services and employment near HOVE is critical to avoid traffic and provide needed services near to the community in light of residency growth in HOVE and employment growth far to the North with attendant traffic. This proposed development will reduce traffic in the congested Kona area by provided services and employment near the residential area in Kau. The reduced traffic will lower pollution in more dense North Kona where the other storage facilities are located. Orderly development of housing requires some sort of safe storage for equipment and building supplies and to prevent theft of such supplies. Many people commute from Ka'u to Kona creates traffic congestion. The project will alleviate traffic. The Hawaii County General Plan for Commercial uses states the following goals and policies. "14.3.2 Goals (a) Provide for commercial developments that maximize convenience to users. (b) Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods." The proposed project will further the General Plan goals by providing self storage near.to the residents of HOVE which is much more convenient that having to drive to Kona or getting their things stolen off their lands. The transportation of stored goods by HOVE residents will be served by having a storage facility in the subdivision rather than 30 miles away. The Hawaii County General Plan profile for K'au Commerical planning states, "There are various commercial establishments, including general stores, restaurants, service station, laundromat and offices in Ocean View along both sides of Highway 19." The proposed development will be in the same area, along Highway 19, and fits squarely in with the General Plan profile for Commercial use in the Ocean View area as set forth in the plan. Specifically the General Plan Course of Action for Commercial use in the Ka'u area encourages the type of use and location of the proposed development. The Hawaii County General Plan states the following policies for Commercial development. "14.3.3 Policies (a) Urban renewal, rehabilitation, and/or redevelopment programs shall be undertaken in cooperation with communities, businesses and governmental agencies. (b) Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. (c) Distribution of commercial areas shall meet the demands of neighborhood, community and regional needs. (d) Existing strip development shall be converted to more appropriate uses when and where it is feasible. (e) Encourage the concentration of commercial uses within and surrounding a central core area." The proposed development furthers these policies. The development will be located in the Ocean View core area where there is existing electricity, adequate roads and access, and is convenient for any government services located right on Mamalahoa Hwy along the core commercial zone along the Highway for the Ocean View Community. The use will be near the planned expansion of water and other utility services. The commercial services are needed in the HOVE area in the same area as other commercial and industrial uses adjacent to the subject and along the same central core corridor along Mamalahoa Hwy. which is convenient and appropriate for this development. The region and community needs self storage The Hawaii County General Plan for Commercial use states: "14.3.2 Goals (a) Provide for commercial developments that maximize convenience to users. (b) Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods." The proposed development furthers these goals by providing convenient self storage to 11,500 Ocean view lots where there is non except in Kona or Hilo. The transportation pattern will be complimented by reducing traffic over dangerous roads to Kona from Ocean View and concentrate it in the commercial core of Ocean View. "14.3.5.9.2 Courses of Action (a) Centralization of commercial activity in the communities of Pahala, Naalehu and Ocean View and the area of the Volcanoes National Park shall be encouraged. (b) Do not allow strip or spot commercial development on the highway outside of the designated urban areas." The proposed development falls directly within the encouraged course of action of the General Plan for the Ocean View area by centralizing the commercial development in the community of Ocean View along the existing central core corridor of commercial activity and development. The proposed development is within the existing urban expansion zone. It is within the existing commercial core corridor along the Belt road near the other commercial developments for Ocean View. The proposed self storage use is appropriately located in the core commercial industrial center of HOVE on either side of Highway 19 along the road next to the subject and adjacent to the subject where the restaurant and commercial offices are located. 5. General Plan Designation. General Plan Designation(Lupag) designates the Hawaii Ocean View Estate subdivision area mauka of the Mamalahoa Hwy. at Hawaii Blvd. as an Urban Expansion Area. As an Urban Expansion Area, the requested rezoning is in conformance with such designation. The County of Hawaii General plan and website notes Lupag map I -2a Initiation: Extensive Agriculture to Urban Expansion Location: Ocean View, mauka side of the Hawaii Belt Road across from I -2. 6. Zoning. The current zoning is Agricultural A -la. However, the land is not suited for agriculture of any kind being rocky pahoehoe and dry land. A Special Use Permit 781 was granted on the land on August 8, 1991 as shown by Exhibit 13 to permit a commercial office building. The permit expired by expiration of time since then. 7. Community Development plans. At the current time there is no completed Community Development plan for the K'au area. The planning process is ongoing however, and community meetings and a charette seeking community input is scheduled for November in Naalehu and will discuss possible commercial /industrial development plans. 8. Special Management Area. The land is not within the Special Management Area and is located in excess of five miles from the coast and ocean. C. Physical Characteristics and Environmental setting of the Property and Surrounding Area. 9. Description of Property, location, climate topography, slope, soils. The property is 3.18 acres located on the Mauka side of Highway 11 in the Hawaiian Ocean View Estates subdivision in Kahuku, District of K'au, County and State of Hawaii being Lot 21 -C -1 of Block 67 Grant 2791, TMK (3) 9 -2 -82:2. The lot has 600 feet fronting Highway 11 and 180 feet long. The area is at an elevation of approximately 1800 feet above sea level. The ground surface is graded or exposed a `a and pahoehoe that emanated from Mauna Loa between 750 -1,500 years ago. There is little to no soil development. The vegetation within about 1/4 of the project area has several `Ohi`a trees. The res -t was previously bulldozed. The climate is dry and tropical. There are no structures on the property, but there are some rock walls, The topography of the subject lot is a gentle slope, and generally flat as shown by the topography map attached as Exhibit 15. The topography of the area slopes southward from an elevation of over 13,000 feet to sea level at the coastal boundary. The average slope is 10 percent. Average annual precipitation on the site is approximately 50 inches per year (Giambelucca et al 1986) with a slight but distinct summer maximum. The 2,000 -foot elevation bestows a temperature regime that is cooler by approximately 6 degrees Fahrenheit than adjacent sea level stations. Thus, summer highs average about 80 degrees and winter lows about 60 degrees (UHM -DG 1983). The soil is poor quality. 10. The Lava Hazard Zone is zone 2. 11. The distance from the Coastline is 5 miles as the crow flies. 12. Agricultural land of Importance in the State of Hawaii designation is not designated or classified as Prime, Unique or Other. AGTYPE is 0. 13. U.S.D.A Natural Resources Conservation Services Soil Service Report soil type. According to the U.S. Department of Agriculture Soil Conservation Service Soils Report (1973), there are approximately 60 soil types found in the area. Major soils series include: Alapa'i, Hanipoe, Honaunau, Honuaulu, Kama'oa, Kapapala, Manalau, Moa'ula, Naalehu, Waiaha, and a'a lava. However on the subject property there is little soil. Mostly it is exposed pahoehoe lava, or crushed cinder from bulldozing. The U.S. Soil Conservation Service classifies the land as. rVS (Very Stony Land). There is a small amount of soil on a surface with a'a outcrops. Between outcrops and in cracks are some accumulations of soil as deep as 5 inches. Runoff is rapid and erosion hazard essentially non - existent 14. Land Study Bureau soil rating. Rating: E Very Poor. 15. Flood Insurance Map designation. The Flood Insurance Map desigation is Zone X. 16. Existing drainage ways or improvements. There are no existing drainage ways on the subject property. There is a swale built along the side of Highway 11 which fronts the subject lot. There are several small crm retaining walls along the mauka boundary and at the entrance. There are no other improvements. 17. Air Quality, Noise The entire district of Ka'u is virtually free of human induced air pollution. However, volcanic emissions ( "vog ") from Kilauea Volcano are blown over Ka'u and into the stagnant mauka -makai air circulation regime that prevails in Kona. No serious health hazards are associated with typical levels of vog, but elevated amounts may trigger island -wide alerts calling for reduced physical- activity, particularly for those with respiratory problems. Since vog is distributed region -wide, there are no site alternatives with more favorable air conditions. Because of the low density of homes and other activities in Hawaiian Ocean View Estates, noise is generally absent or insignificant in the project area. The proposed self storage is not expected to produce any but nominal noise levels above existing and less than the restaurant and bar across the street. Historic Resources 18. Existing archaeological, cultural or historic sites on National Register or Hawaii Register: None. Natural Resources 19. Existing Flora. Fauna and Ecosystems The site, which forms part of the Kipuka Waiahuli, formerly contained a sparse forest on recent a'a corresponding to the Lowland Dry/Montane Dry Forests zones as defined by biographers (Gagne and Cuddihy 1990). Recent bulldozing has eliminated most of the original vegetation. The dominant native tree in the pre- modern, natural vegetation of the site (as evidenced by vegetation communities in and adjacent to the kipuka) was probably the 'ohi'a (Metrosideros polymorpha). Sub- dominants included several natives: mamane (Sophora chrysophylla), alahe'e (Canthium odoratum) and a'ali'i (Dodonea viscosa). There are a number of alien trees and shrubs, the most common being lantana (Lantana camara) and sourbush (Pluchea odorata) . The present vegetation consists of one half acre that includes several small ' ohi'a trees . The remainder of the site is dominated by alien species or bare bulldozed lava. The site does not appear to have significant habitat potential for native fauna, although several native birds do probably make occasional use of the general area. The native raptors, 'io (Buteo solitarius) and the Hawaiian owl or pueo (Asio flammeus sandwichensis) are extremely adaptable and may make occasional use of the area. No impact upon these species would be likely from this project. The Hawaiian hoary bat, (Lasiurus cinereus semotus), is also known to be present in the general area, as it is common in many lowland forest on the island of Hawaii. No impact on bat habitat is anticipated. No listed, candidate or proposed endangered animal or plant species are found on the property. In terms of conservation value, no botanical or zoological resources requiring special protection are present. 20 .Scenic or Coastal Resources The land is 6 miles from the coast and will not affect coastal resources. The property fronts Highway 11 and there is a ocean view from the lot. The proposed structures will be low rise, one story, and will not block significant viewplanes from other lots which slope up above and look down on the subject lot. The view plane to the south is of Hawaii Blvd, and the restaurant and bar and real estate offices. There are vacant lots and one residence above. 21. Valued Cultural Resources. Identify any traditional and customary native Hawaiian rights that are exercised in the area. There are no historical or archaeological sites of significance as detailed by the archaeological study performed by Tyler Paikuli- Campbell, B.A. and Robert L. Spear Ph.D. a copy of which is attached as Exhibit 6 in which they discovered no evidence of significant historical sites on the subject plot. There has been no evidence of exercise of any native Hawaiian rights in the last two decades the current and prior owner have owned the lot. The SHPD has issued a no impact letter a copy of which is attached as Exhibit 7. 22. Existing Public Access to and along the shoreline or to mountain areas and knowledge of public access being used. There is no public access on the subject lot to the shoreline or mountain areas, nor does the owner or developer have knowledge of such use. 23. Social. Cultural and Economic Setting Existing Land Use in Project Vicinity Nearby structures include one restaurant and bar, a real estate office, and one residence. The commercial uses were under Special Use Permits. A Special Use Permit 781 was granted for the subject lot August 8, 1991. Additional core commercial and industrial uses exist along the corridor defined by Highway 11. Social Settlement Pattern for the area. Hawaiian Ocean View Estates is a sparsely settled subdivision encompassing 11,500 one -acre lots. The zoned Ag, there is virtually no agricultural use due to the dry climate and lack of soil. Approximately 1.0 percent of these lots now contain single - family residences. A genuine community has slowly developed over the last three decades, despite the scattered settlement and great distance from jobs or services. In response to requests received by business developers and the Community, several lots along the Hawaii Belt Road have been granted Special Use Permits for commercial activities. More than two dozen businesses, including grocery stores, a gas station, real estate offices, a hair salon and a restaurant have been established. A postal sub - station is also present, but there are no schools, parks, or other government offices. Hawaiian Ocean View Estates is identified by the U.S. Census Bureau as a Census Designated Place (COP). Published data from the 1990 Census of Population (1991) provide an objective characterization of the population. The population grew 31 per cent from 1990 through 2000 census, and anecdotally the population continues to grow rapidly in the area. According to the 2000 U.S. Census, the Ka'u population was 5,827 and the South Kona population was 5,535. The project area grew by about 4,000 people from 1980 to 2000. There are over 4,000 households in Ka'u and South Kona combined. The average household size is 2.63 in Kayu and 2.84 in South Kona. The district of Ka'u has historically been an isolated independent district. In 2000, there were 16,945 parcels in the district of Ka'u. The parcel inventory has continued to increase since 1969. According to the County of Hawai'i Real Property Tax Office, there was a total of 5,099 dwelling units in the Kona and Kau districts in 2002. Since 1986, each district grew by over 700 units. The majority of homes are single - family dwellings. According to the U.S. Census (2000), there were 5,152 housing units in the region, of which 998 were vacant. 24. Economic Resources for the Area. The region's main economic base is agriculture. Crops are varied and include vegetables, citrus fruits, macadamia nuts, coffee, and ornamental flowers. Cattle ranching is also a significant economic activity, with several active ranches in the region. Tourism is a growth industry in the region as tourists visit during travel to Hawai'i Volcanoes National Park and West Hawai'i. The region has several parks, natural area reserves, and other places of interest. The largest employer in the area is Mac Farms Hawai'i. H.O.V.E. Road Maintenance Corporation is an employer in there area. A large number of residents are also self - employed through cottage - based industries. Commercial "urban core" areas exist in Na'alehu and Ocean View. Services provided include gas stations, feed store, garden supply, grocery, hardware, auto parts, hair salon, convenience store, clothing, tool rental, electronics, computer store, alternative energy supplies, U.S. Post Office, and restaurants. 25. Land Values. Land costs in the area vary from $3,000 to $20,000 per acre, depending on accessibility to the highway, utilities, and coastal and ocean views. Homes in the region range from luxurious estates with modern amenities to simple cabins with alternative energy systems. Current sales prices for homes range from $35,000 to over $300,000. Land values have fallen over the past two years as a result of the economic downturn. 26 and 27. SURROUNDING LANDS. Land use and zoning. TMK (3) 9 -2- 083 -021 across Hawaii Blvd to the south is classified as property class commercial and has buildings classified as COMMERCIAL C -2 (WD) and single family. It is zoned Ag-la but has special use permit for commercial use including a restaurant, bar and office known as Mister Bell's Restaurant and H. McKee Realty. The area mauka is Hawaiian Ocean View Estates and is generally Ag -1 single family residential and vacant lots. The area across the highway on the makai side is Hawaiian Ocean View Ranchos and is Ag 3 with single family residential and vacant lots. 9 -2- 082 -001 is zoned Ag -la and is single family residential in use 1 acre. This is the only dwelling structure in the land surrounding the proposed development and is to the east and mauka of subject. 9 -2- 082 -003 is zoned Ag -la and is vacant land. 9 -2- 082 -005 is zoned Ag-la and is vacant land. 9- 2- 082 -009 is zoned Ag -la and is vacant land. Mamalahoa Highway borders the western edge of the land. D. Public Facilities and Services 28. Description of access. The access to the property is from Hawaii Blvd. which adjoins the property and is a 60 foot wide right of way with 16 foot wide pavement surfaced with macadam in good condition. It is maintained by the H.O.V.E. Road Maintenance Corporation. The H.O.V.E. road system is Private road system in which applicant own an undivided interest and has the right of access. Hawaii Blvd leads directly into Mamalahoa Highway Route 11 which is a State highway. The legal right to use the private roadway is shown in the deed to the property as a 1 /11500th undivided interest in the roadway lot as shown on Exhibit 8. 29. Availability of Water. 29. Availability of Water. The Fire Department has a fire prevention guideline by cubic feet and they require a tank of 8500 gallons for the total 70000 cubic foot buildings. This tank will be in addition to the 10,000 water tank for commercial use below. Water is available by catchment and water tank storage and trucked water. According to the report of Engineer Stephen J. Herbert, P.E. attached as Ex. 11 regarding water requirements, the annual rainfall in the area is 9 inches and 6.75 inches collectable. For an average daily and annual demand of 288 /day and 103,680 gallon per year for the proposed self storage use, the collection area required is 28,321 square feet. The collection area proposed is 5,505 square feet. Additional gallons of water may be purchased in the amount of 6710 gallons a month from a commercial water trucking company. The water provider has attached their letter attached as Exhibit 12 attesting to supply the water and the ability to truck the water to the site to satisfy the use needs. According to the engineering study, A 10,000 gallon tank will satisfy the 34 day supply. A larger tank is not recommended due to algae in the standing water. Trucking water will supply in additional water needed. Helco power is on site. Sewage is septic tank. There is no public sewage treatment or disposal. County water is not available in the Ocean View area so catchment and trucking is the only viable alternative. The County of Hawaii Water department said in a telephone call that they do not have any specific requirements for water catchment for the proposed use. There are no current moratoriums on the use of the public spigots. According to the Ka'u to South Kona Water Master Plan Draft Report County of Hawaii March 2004 there is no existing County water system from Wai'ohinu to Ho'okena. Individual water systems are catchment. However, some large landowners have developed small private water systems. Most families rely on water hauling to supplement catchment water. Several commercial water haulers regularly deliver water to homes and businesses. Sources in the area indicate a hauling cost of $100 to $200 per 4,000 gallons, depending on the location of delivery. Commercial water haulers have temporary water meters off fire hydrants in Na'alehu. DWS has issued a moratorium on additional meters for water hauling on the entire island. The community is also allowed to take water from spigots in Wai'ohinu and Ho'okena for noncommercial use. The applicant has an agreement with a water carrier to provide water in excess of the the catchment capacity if needed. A copy of the letter from Kahuku Trucking to provide water is attached as Exhibit 12. According to the above Water Master Plan, Ten thousand gallons of total storage, priced from $5,000 to $10,000, is the recommended size for most of the region. This size will accommodate both rainfall catchment water and hauled water. Investing in a much larger tank will only grant increased storage capacity for hauled water, given the area's rainfall. Hauling must be used to supplement any deficit and is generally not delivered in quantities less than 3,000 gallons. Sanitary drinking water can be supplied using off -the- shelf components, such as particle filter, charcoal filter, and ultra- violet (UV) treatment or chlorination using household bleach. A typical cost for providing this treatment (with UV) is about $1,300. The diminished rainfall exacerbates any inadequacies and forces increased hauling. 30 Sewage Disposal. There is not public sewage disposal utility available at the site. The low volume of sewage can be treated by septic tank. 31. Solid Waste. Solid waste will be disposed by commercial haulers to the Puuanhulu waste facility. No waste will be deposited in transfer stations in Pahala and Wai'ohinu. The self storage use will not generate a large volume of solid waste. No municipal solid waste collection system is in place in the County of Hawaii. It is the responsibility of all solid waste generators, including private homes, businesses, and public facilities to arrange for transfer of solid waste to either the county landfills in Hilo and Kona or one of the transfer stations located throughout the island. 32. Police and fire protection. County funded and staffed fire stations, with emergency medical service, are located in Na'alehu and Pahala. The community operates a Volunteer Fire Station in Ocean View. The station does not have an ambulance and, overall, is not equipped to provide emergency medical services. There is a new police station in Na'alehu and a district substation at Ocean View. Police stations often experience a shortage of police manpower with only one or two officers on duty at a time for the entire region. Hospitals are located in Pahala and Kealakekua. There is also a medical clinic in Na'alehu. 33. Parks. Kahuku Park is located on property owned by the County of Hawai'i. Kahuku Park is a community - established facility, developed with volunteers, grants, and donations. The four acres of park land include a pavilion, restrooms, playground, ball field, and basketball courts. The community has developed this park with volunteers and donations. Manuka State Park is a wayside area for the touring public to stop, rest, and picnic. The park is located on Mamalahoa Highway, 19 miles west of Na'alehu. The park has a nature trail and is best known for its collection of plants, including rare and endangered species. Native birds including the 'amakihi, 'io, 'elepaio, and 'apapane are found in the park. There is no drinking water available at the park. Miloli'i Beach Park is located on the site of an ancient fishing village along a rocky shoreline. This County of Hawai'i Park has no potable water or electricity. Ho'okena Beach Park is located along sandy shoreline in South Kona 34. Other Utilities and telephone /electricity. Telephone and electricity are available at the subject lot. 35. Environmental Assessment and Analysis Relationship between short term uses of environment and maintenance and enhancement of log term productivity. Short Term Impacts Construction Impacts: Short term impacts will result (have resulted) from landclearing and construction activities. The impacts will consist of temporary noise, dust and exhaust from machinery and heavy equipment. Mitigation: The applicant will restrict further grading /construction activity on the site to daylight hours to the greatest extent feasible and use dust mitigation measures. Long Term Impacts No adverse long -term impacts are expected as a result of the development of the self storage unit. Noise and traffic will undergo nominal increases but this is not expected to impose a burden on any public or private interests. The net impact of the proposed self storage will be substantially positive in its provision of much - needed storage needs of residents and businesses in the area. 36. Alternatives to proposed development. The two alternatives are do nothing, or build a residence to current zoning. The current lot is zoned Ag -1 a, and a single family residence could be built. However, due to its location along Highway 11 where the speed limit is 55 mph, and the attendant street noise, residential use is not preferred. It is located across the street from an restaurant and bar and commercial uses and again, residential use would not be the preferred use, and not many would really want a residence there. It is within the core commercial corridor of commercial development of Hawaiian Ocean View Estates, and the commercial industrial use is preferred and should be favored. Doing nothing will not further the economic goals of the general plan encouraging economic development and providing jobs and employment or to meet community and regional demand for such services such as self storage.. 37. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action implemented. The proposed project will not involve an commitment or loss or destruction of any natural resources. ocean view hawaii - Google Maps http: / /maps.google.com /maps ?f= s &utm_campaign= en &utm sour? Gous :. Address t±s9p s u ms i1 t � _ L?C: .Kona', ... e 1. r�r,stt G eto 3 . 'a i }ti7�? t' dL 6' .. Fi ij a ,fit: � .. 7 A X -4 y M S. .61-0, i� Kl � , t Mate P+k ,‘, f1 ti,-...4a fa pan sr •�l ■ z x ' ° � ' ' X a {�}:�5s BC.)!' ri _ .... Naa (�" i- ; ■ 3 'xz " r K d £ z "mod} S z : ,,�,, �, + .- ' a , . r x i » r r t' �x 111Ia'r 4." a ", ,. 41.x, Uzi T k-' • �, BERY , s ... � k �3 a 4 z i u .�'. •z x .i,. EIx•2 1 of 1 11/4/2008 10:38 AN 0 ro, N o s c:4 Z \ o o m o_ E.! Foan i:a m O wo - g Q a o y 2 .0 to 7-' zo p \ m '7 my"'m -m 2� x W , - . - + 3 � .: � _ � � m � C � � = ° te a' `l .2- m� d a = ` E- w ii a II o 'a= m t . o 0 : LL w • N �\ .� vi = � .- a, G F.- 3 Y g7 �J TT . 6 3o o o . 7. - p co 1/ aEo �o •.- C O O J y o N n C7 0 D. O ` b M m ( J a" J, a s X `-• y O 0 O Q W O Q, m t • k a O. m Ll y o - � L . - •s & yo st/b� 3 o v g•5 Uut¢ ? / • w:" *°-6* '-.��s =� li , ` �'w � � °moo' \\/,....,......b 1 � y ��C /,,,T Z �/o . a i 4 -Ei' N h ''a: , � <b O s ° £ - N I) , `, \ l ` 5 t e W i i �� v; � - it i4 I ^ , / /� s 0 ,. . ; � .�1t � ,� � � y °, � fn t / N Q J — .... . ,, 10%) / / / / / Z 2 H; 6 ,4;6 /A. 7 / ' Z co / o' 7 / - O co O . -To 4,-- i : ::oiroi \\ O oi . / ..,/ 7 I - J 67 .44.!", o / / / v; , i � O Q y v Q tr *� �" /. \ / Z 0 o 1<g RA % \ \ \ zu m / J d $ i% . /„.,,,,,..„) Q(' / / > 0 O z �� 7g a' '' r �_ gy m ° � a ,�, W p O w aLL °�' �O• / i �✓ ^� 4984 / a fl W,, W a W I 0 0 K 6 Z.. i O O , � ai 1 t t�. ` o , r, m i 0 5 pR u3 Y U � O J Q �m < / iu iii / °� � I-Z 1- HW- � . � f p s 6 / \ , 0, . / ,� 11 � z� z�e� z O / // , 4 j . I O 01 !� P .ter ._ / / f / N . 'S' a • i- Vim_ " ---. � �/ �y O j t0 i- - a; mf r �fY g H W _ ;ti z •••-- c,, ----.0. 9 / \� \ __� a/ a "ter R d Co > cr il! >. v 3 ✓ ; 9 =_ ,� _ � , j.1./ � "9 � 9 �- 0 / :- oI /‘,46 ' ' " H \ $ V Q m C V N N W \ \ \ �.�� �� / :` �� �6b `.� c �s = z O N eel o . a m I £ O 71nN l l -. . s` -\ .� � s my a G o W ii i �� jj tt c > ° Q Or v OCuN. _� �2f rn !?'� dd 0 .Q Q - E d z > 'LS L)'�- • 08 _ / m .... w L a fo g c �m V i" 04m •O N i eS c ro� �v PP V S O N . It E O W J k. N C Q v- C q 6 s t /d im . $ 7 v (9 m N n Y 3iC2 0 � c E Q. mNV , �' K a ' O Qu.., 7 N � ZO I- E'a` m � 'c �i � O c m a 1111 ON '- O� Yay r.-¢ v On aici O g C.t"Y N _I� �� �mE�_ _ _ 0 jOc > E Q F x v. = 0 ¢ a m m o 2 o g g a c LL 0 E 1. s v -El = H�m1 O 5$ O O zc - n m mop a u1m i:: m m • O U rig. • Hawaii County http:// www. hawaiipropertytax .com /Map.asp ?Cmd= Pin &mnu =PSc PdtJEREL 8Y DJ1 HELP CONTACT US HAWAII U N Y ?:o, -,iy a utsr< 'tG 8ur <,a u of Conv i(anc .s REAL PROPERTY TAX OFFICE Home Property Search -- — RECORD DETAILS Address Parcel Number Advanced Parcel Data Sales 920820020000 NA PUA MAUKA DEVELOPMENT LLC Permits CURRENT RECORD Land 11 4 1 of 1 I )' led K T[ Residential led -Q' fit. rs co - g+ ITteturn To Search Results • Commercial Det. Structures 2 920 ; 201 "20 ' 201 920820 !' 75 ,rt �, Sketch " • I 5200 � f_* 18105 t : es Tax Details 2008 5201 � 5200 c ------ � Email This Tax Details 2007 9 •0820 0 200 92081051 Tax Details 2006 92 32019 92082003 • 11 __--- Tax Details 2005 Tax Details 2004 `� 9208200 92 082001 9208 1030 Tax Details 2003 �` 6 004; e6r_ / 9208302- 12150011 •2D8: 9 150010 ' , 9'1`0001 Data Copyright Hawaii County (Disclaimer) Last Updated: 10/24/2008 Site Design Copyright 1999 -2004 Akanda Group LLC. All rights reserved. 6x -3 1 of 1 11/4/2008 10:13 A; ocean view hawaii - Google Maps http://maps.google.com/maps?f=s&utm_campaign—en&utm_sour Address ,--- i: ' (..) -e ,.: „ ... c*to ..i 8 • Pila.ps ... ...- f.".■ :, 1,;.. 4.0'. . Op& ‘4 r:., , . A ',• ',"•:',',.......,..... ,.......,.. .... , , , . ' . ....' -' . - ' - ;''' ''- • ' . ' . ' ' . . - ". 4'4" FO.:4,3 c; . •;;... ' ; :''''' .' .. .,,,...,... ... z, s ,:::,:,.. ....;.,,,,,...,,,.. . :.: , ,,, . , • '',.....:•0,3",t,,,,;P : i.$ ' ::A. 4.'f'... i ielF ,T, 'E'...‘q;..?;<„,: - ..:;)::.•'..':':::,.',...,•.;;;... ; •.5 . , '.5,:-..i.,•......,-.....••••:,',:.,...:4-....1.;.:37.........,.-.V.Yig.i.":::.....4...,;:...,,....,'",.,:-::::'.`"',:-....',-•."..: ''. :'' - '' ''• • ' ••• ••••• • ' ....:1k.n0.4.,,,s4.......,,z,,..: 1 . ..,....,, .,..-,; ,..;, ; : fi' , :i.' . .. : •:"....:..!:ji: - '., - :4 - ; , :',.•?.:4 , ..;.::: ::: -..,...,.; . . *. .... ... . .. ...,;,_ - • . . .... ..: .. „ „ - er•,,--''' TA % , N , • ...=,','-':•; '..' :•,•,•••!..-=.,•.; -.•,:,.:,. ... -:::: :. . , .:„....: ,, . ,....::34..4 _ ,, ,•,'.',''-' ' -.--,. • , ,',T;,,4:::::::::-.:;..,',i',.,..:;:1"-ii.'•ii..::,:;:;:i'i.,-.,..,•..,11.: .•;-....:•.,-, ,...... ..,.,,, ,',:.'-`1,6„ . -, ': i tAti : ' , Ir , ' ,,- ;... , .6. , I .- 4.ii. , . , :; . . , ;:y.,.;....:::14,, ,, :..;. , : ...:...,: ; : . `-,:. ; . ; -- : , : ,. • .: . 0 ' ' '' ' '.1i. ' k4i i i i i Y n, E0. 1'.. ;: :: ' -i .ga - P - {Att. 1 1'' , .;;'.".;;.:,.., , , , .'. • i .,, : .., . , :::.......,,:, :. , ?; :-..:: ... e" ',' eet ,.'....',.'..: •,, "..'".'-; =:.::::,..: ' :,... • zt..., ....t*Ii' : ........-..'-• : '.. f. :... . "F5 ,, 0,:,r),y;it‘-'); ,..,.,:,.)6 ..... "..:'....';'.'-...•-- ..`•-•:::.•.. '. .'. :. '• : . - , ;11, • ... -`.; • ::?::',:i.::',:::::::',:.•f'.:•:•ii-,:::: '-': ' ' .-.5: ,,,,-, ., , , A.: Q.*. Iti :=',';:;:..2',',-;?:::::1;,,'"i111.;;;;-:,.;;::i::;:c:;,1;i:,;::::„;,:',...,,,,,, - •,...' '',.... S• ....;:, `.a. ''''.. ./1., A. . c zfsil . .p...f - tv -, ,:i.::!.: , . , -- , . ''. '..? ; % ,...... , , ',..i',,,I.S4.,,,,;,,,,,,.:..,„,..1-7.,,,,.„eti-r.:.•-.,:,,,,',A:..,.;'), .. .1.;.- , ,.,., .s. - - .. ...;:i'i-:,-.:,:.",41-.Y..,..':..,,,,,,,-„,,,,..,,,•,.:::::f-,z,,,-,,..;., •• - 41 .:. ,..., ::,..:,..•;.:,:::..'..y.::.,:'..?;,,...,::.' - ' ';','. 4 ' /'.if.ii;\ • cyt .., ... . . ., .., .. ra .••• .2::::::.,,' , .-... , . , .;.:,. ‘,. 111 ,...... • k,2,/ . .. ,..., .. „. . . . .,..... .. „. .., . . . . : '2:. - ..: : :.';.:...... , :',.:::--•.:„;4. - - - '. : '., ,.... .,,, ' A '4'1*''. • - ' 1-lawalian .-..,,,,,,,]..,...,:::::.,,,,,,..::',.:::,:y. •-...,- •11..-.1. • 0.e;:,, ,,,,:r.:.. .., .. . , .:''', i;:: .r .4 . . . . . ...::. ,-., . .,... .. • ..r. ,,,1 ..,... . ,...• . ::: ... .„ , • : . • r:..:; 46 , . ,-..,.... ' . < • .,,t.Y CA;03,,,,_ .v. . . . ,. .,.. • , e' - °.' -.. 0-.''' ,/ 0 .., 1:i? .,...t... r :: ,•':. -fe ' -,.• 4:- i • .vi.t. - i f 4. R- 1 of 1 11/4/2008 10:39 A lk #11750 Page 1 of 2 LOT 21 -C -1 BLOCK 67 HAWAIIAN OCEAN VIEW ESTATES Land situated on the Northerly side of Hawaii Belt Road and on the Westerly side of Hawaii Boulevard at Kahuku, Ka'u, Island and County of Hawaii, State of Hawaii. Being portions of: Lots 21 -B and 21 -C of Block 67 of Hawaiian Ocean View Estates; and Grant 2791 to C. C. Harris. Beginning at the Northeasterly corner of this parcel of land, being also the Southeasterly corner of Lot 21 -B -1 of this subdivision and being a point on the Westerly side of Hawaii Boulevard, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU 0 KAMAOA" being 2,932.66 feet North and 7,267.55 feet West and running by azimuths measured clockwise from True South: 1. 19 34' 52" 222.90 feet along the Westerly side of Hawaii Boulevard to a point; Thence, following along the Westerly side of Hawaii Boulevard on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 2. 64 34' 52" 28.28 feet to a point; 3. 109 34' 52" 655.00 feet along the Northerly side of Hawaii Belt Road to a point; Page 1 of 2 WES THOMAS & ASSOCIATES, INC. LAND SURVEYORS 75 -5722 Kalawa Street. Kailiia -Kona. Hawaii 96740 Ex .¢ #11750 Lot 21 -C -1 Page 2 of 2 Thence, following along the Northerly side of Hawaii Belt Road on a curve to the right with a radius of 11,960.00 feet, the chord azimuth and distance being: 4. 109 36' 02" 8.12 feet to a point; Thence, for the next six (6) courses following along the remainder of Grant 2791 to C. C. Harris: 5. 199 35' 117.89 feet along Lot 13 of Block 67 of Hawaiian Ocean View Estates (File Plan 738) to a point; 6. 251 01' 30" 303.00 feet along Lot 17 of Block 67 of Hawaiian Ocean View Estates (File Plan 738) to a point; 7. 341 01' 30" 140.00 feet along Lot 21 -A of Block 67 of Hawaiian Ocean View Estates to a point; 8. 312 41' 30" 50.00 feet along Lot 21 -B -1 of this subdivision to a point; 9. 294 00' 179.21 feet along Lot 21 -B -1 of this subdivision and along the remainders of Lots 21 -B and 21 -C to a point; 10. 259 05' 155.79 feet along Lot 21 -B -1 of this subdivision and along the remainder of Lot 21 -C to the point of beginning and containing an i '.. � i- y�, � area of 3.183 Acres. `, ,,> . - , WES THOMAS & ASSOCIATES, INC. I 0 i slitvf ,;?Y. s * '-k, .331..9 /, / ,"" i l '.• , .1 Chrystal Thomas Yamasa i `"' Registered Professional Surveyor State of Hawaii Certificate No. LS4331 75 -5722 Kalawa Street Kailua -Kona, Hawaii 96740 TMK: 9 -2 -82: Portions 01 and 02 (3rd Division) September 17, 1990 Page 2 of 2 WES THOMAS & ASSOCIATES, INC. LAND SURVEYORS 75 -5722 Kalawa Street. Kailua -Kona. Hawaii 9h74(1 fix- 1i 920820010000 WICKS,KENNETH R /DARLENE M TR P 0 BOX 6842 OCEAN VIEW 920820030000 CORRY,RICHARD 01 913 RIDGECREST DR HOUSTONTX77055 5, HECKERZ,THOMPSONPO BOX 1 976 I<AMUELAHI96743 6, ACOSTA,LOUIS61 9 AIPO STREET HONOLULUHI96825ACOSTAJANET 7, ROSENBLOOMJESSE WPO BOX 6132 OCEAN VIEWHI L 8, ROSENBLOOMJESSE WPO BOX 6132 OCEAN VIEWHI96737ROSENBLOOM,MAUDIE L 9, HOUGH,GRAYSON9238 DEL MONTE AVE YUCCA VALLEYCA92284HOUGH,SARAH 10, HOUGH,GRAYSON9238 DEL MONTE AVE YUCCA VALLEYCA92284HOUGH,SARAH 11, FAMILY TRUST IWANAGAJAMES Y /MARY 2141 EL RANCHO VISTA FULLERTONCA92833 12, TAFISI,SELA TP O BOX 6367 OCEAN VIEWHI96737 13SMITH,LEONARD WM1462 G LONGARRY RD PASADENACA91105 SMITH,ELBA N SMITH,SUSAN E 14FORTINI,WILLIAM JR P 0 BOX 6187 OCEAN VIEW 1 5TIMM,DAVID EP 0 BOX 2601 KAILUA KONAH196745 9208201 60000 SHEPHERD,AURA MP 0 BOX 3250 KAILUA KONAH196745 9208201 70000 SHEPHERD,EUGENE EJR P 0 BOX 36 920820180000 ROSS,VERNON S TRUST5389 NO NAME HILL DR WASILLAAK99654 ROSS,SYLVIA C TRUST 9208201 90000 VALDOVINOS,ARNULF083 -5443 MAMALAHOA HWY CAPTAIN COOKHI96704 92082021 0000 MC GOWEN,KIMBERLY570 NORTH ROSSMORE AVE #205 LOS ANGELESCA90004 92083018 VEICO PRODUCTS INC 34710 92083020 WAILUKU TIRE CENTER LLC762 LOWER MAIN ST WAILUKUHI96793 92083020 ITO,HIROSHIPO BOX 416 RUNNING SPRINGSCA92382ITO,FUJIKO G 92083021 H MC KEE FOUNDATION INCP 0 BOX 6002 OCEAN VIEWHI96737 92081048 H MC KEE FOUNDATION INCP 0 BOX 6002 OCEAN VIEWHI96737 48, 92081049 H MC KEE FOUNDATION INCP 0 BOX 6002 OCEAN VIEWHI96737 92081050 H MC KEE FOUNDATION INCP 0 BOX 6002 OCEAN VIEWHI96737 92081051 H MC KEE FOUNDATION INCP 0 BOX 6002 OCEAN VIEWHI96737 92081 052 H MC KEE FOUNDATION INCP 0 BOX 6002 OCEAN VIEWHI96737 53, H MC KEE FOUNDATION INCP 0 BOX 6002 OCEAN VIEWHI96737 54, 1-1 MC KEE FOUNDATION INCP 0 BOX 6002 OCEAN VIEWHI96737 55, OZIMEC,MARC STEPHENC /O LANDMARK HAWAII INC P 0 BOX 1206 KEALAKEKUAHI96750 56, LANDMARK HAWAII INCP 0 BOX 1206 KEALAKEKUAHI96750 57, OZIMEC,ANDREW CC /0 LANDMARK HAWAII INC P 0 BOX 1206 KEALAKEKUAHI96750 58, TITENSOR,BARRY R THE TITENSOR FAMILY TR7057 MOLOKAI DR PARADISECA95969TITENSOR,VI 61 HINDMAN,RAY /YONG TRUST3306 PTARMIGAN DR #4A WALNUT CREEKCA94595 9 -2 -150 -001, OGUSS,CARL FP 0 BOX 11430 HILOH196721 074, FOSS,STEVEN L FOSS STEVEN L /CARRIE R7006 141ST STREET CT E PUYALLUPWA98373FOSS,CAR 010, OGUSS,CARL FP 0 BOX 11430 HILOH196721 011, CALVERT,MARLENE E TRUST A20733 RANCHO LOS CERRITOS COVINACA91 724 20 CALVERT,MARLENE E TRUST B20733 RANCHO LOS CERRITOS COVINACA91 724 9- 2- 002-001 UTILITIES LLC PO BOX 390399 KEAUHOU HI 96739 • SCS Project Number 615 -1 A FIELD INSPECTION LETTER REPORT COVERING APPROX. 3.18 ACRES FOR THE PAU MAUKA PROJECT IN OCEANVIEW ISLAND OF HAWAI'I, HAWAI'I [TMK 9 -2 -82:2] Prepared by: Tyler Paikuli- Campbell, B.A. and Robert L. Spear, Ph.D. December 2005 Prepared for: Rick Elhard P.O. Box 6313 Oceanview, HI 96737 SCIENTIFIC CONSULTANT S ERVICES Inc. 4W ° .° :W a ..�7,: -�::` .;�..... .4o1. .. ..«..�.:��� .«..a: ;�:,, CC �::i ^ C^ . iti. . ' . " . `w'.�.�6i „ �i:G t °.^C.o...... kW . �[::�^:::: :: :::��' HAWAII 711 Kapiolani Blvd. Suite 975 Honolulu, Hawaii 96813 Copyright © Scientific Consultant Services, Inc. 2005. All rights reserved Ea '°t:. . SCIENTIFIC CONSULTANT SERVICES, Inc. e c :ems c To •ecisEac °°°�.:�1.mt , C^tlwm .....ei°i:iac9 +r � �r cr.:.w N -; fir• _ �......,.. � :;ev5 � ........:: .: 4; M ":gs:i:x:"r..ee,,:ei eemeERN EE NEWT. 'ri :•a mit ve n ••e • „al e�� . -..® • ••_. . °:.. m ^ f V �:::. fees.• x• ie•° �teE�: s: s :: w�..... ; .... �,ae°- .°^ --:.e :. ...° .. . .. °. ......: •• e:. • :e:... —. a :• \ �:: " "~ aiee.e:E -'i "em r iea� .eE :� ��. ..ce.•�:::� ::� i �• e . i t�•••� ....° a j Y :R.7Jr a ig f — E . '-...�.° s :... y ... ...L. ���•t::.. ....t� �LC�C°`....•'°•••"�' :.�.i:m'.�G.°�..�C:i.' ' 4 . uy . Cu �- �3�...�i::n� �"::r.°c'•9°•' � °id^° e:a9�Kr.: ro � ^..:�i:::.•-�: ° . ��:.�.:�' NAVAII Rick Elhard 711 Kapiolani Blvd., Suite 975 Honolulu, Hawaf i 96813 P.O. Box 6313 Oceanview, HI. 96737 11/8/05 Dear Rick; At your request, Scientific Consultant Services, Inc. (SCS) conducted a Field Inspection of your approximately 3.18 acre Pau Mauka Project in Oceanview, Island of Hawaii (TMK:9 -2- 82:2) (Figure 1). This Field Inspection was conducted by Tyler Paikuli - Campbell in September, 2005, under the supervision of Robert L. Spear, Ph.D. The entire 3.18 acre area was covered by the surface inspection and there was good visibility throughout the project area (Figure 2). This field inspection determined that somewhat more than half of the property had been bulldozed sometime in the past, but that a large section of Ohia Forest was still present in the western half of the project area. Modern features, including rock terracing, rock walls, and landscape plants were observed in the parcel and photo - recorded. No surface architecture, except modem features, were observed and no lava tubes or rockshelters were encountered. In addition, there was no indication of possible subsurface deposits which might require testing. In sum, no significant historic sites were identified within the project area. It is our opinion that no significant historic sites are present within the project area and that no additional archaeological work is necessary for this parcel. With Regards, Robert L. Spear, Ph.D. President Scientific Consultant Services, Inc. Ph: 808 -597 - 1182,2 SCS... SERVING ALL YOUR ARCHAEOLOGICAL NEEDS Fax: 808 -597 -1193 Neighbor Island Offices • Hawaii Island • Maui • Kana / -z= LAURA H. THIELEN • =c F CHAIRPERSON LINDA LING L E •� , BOARD OF LAND AND NATURAL RESOURCES GOVERNOR OF HAWAII +'' P "� 5 ` •'t' fJ ' ' S a = • 9 COMMISSION ON WATER RESOURCE MANAGEMENT s � ' • • RUSSELL Y. TSUTI 5 � � 1 �rs� FIRST DEP UTY �andand /y at y, Y;q1 t x % k KEN C. KAWAHARA . ° �- �d -� piQ , � t • s A s��aC IXECTOR - WATER o ' 1, DEPUTYD y AQUATIC RESOURCES }. BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES • • COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION COASTAL STA x � �� ION N RESOURSOURC E SENFORCE MENT 'y � ,l CON SERVATION A ND RESOURCES NFORCE ♦ STATE r FORESTRY AND WILDLIFE 3- tote of Re,^0 DEPARTMENT OF LANs AN NATURAL RESOURCES HISTORIC PRESERVATION KAHOOLAWE ISLAND RESERVE COMMISSION STATE HISTORIC' •'R[SI..3VATION DIVISION STATE PARKS 601 KAMOKILA BOUl. ROOM 555 KAPOLEI. HAW`.AII 96707 March 18, 2008 J. James Sogi, Attorney at Law LOG NO: 2008.0619 Law Hawai'l, LLLC DOC NO: 0803TS18 75-170 Hualalai Road. Suite D -120 Archaeology Kailua -Kona, HI 9670 Dear Mr. Sogi: SUBJECT: Chapter 6E..42 Historic Presery uoar Review — !?fezitcrest for "No Effect" Letter for .'.:Q8 Acres in Hawaiian Ocean View Estates Kahuku Phuupuaa`a, Ka'uu Distaffs:, ?s:l;and of Hawaii z MY : (3) 9-.2-082:002 _.._...F.........4._� Thank you for your correspondence with the SHP D, w'l ich we received on February 4, 2008. We determine that no historic properties will be a['i'e;:sed because: rJ Intensive cultivation has a.lterled the land (1 Residential development/urbanization has altered ,he land ❑ Previous grubbing/grading has altered the laic Pi An accepted Archaeological Assessment fou:Id I; • historic properties ❑ SHPD previousiv reviewed this project and .,lisr..ion has been completed ® Other: The Sit I' Z) accepts the ``Field Inspectiofii .: Letter Report Covering Approx. 3.18 Acres for the Pau .vLi to Project in Oceanview " (Scion .,Fic Consultant Services, Inc.; Paikuli- Cambell and Spew-, D ceinbe3 2005) which states that there are no significant historic sites within the parcel. In the event that historic resources, includir ;_,•man skeletal remains, lava tubes, and lava blisters /bubbles are identified during the construuc_ ion activities, all work needs to cease in the immediate vicinity of the find. the find deeds to be protect: d fr>>m additional disturbance, and the State Historic Preservation Division needs to be co tacted imrnef:'a °e:.. Please contact :;:::.istant Hawaii Island :H,.a .:iogist, Tim Scheffler ((808) 981 -2979 or, timothy.e.scheffler(: ^awaii.gov) if you have any _;r, ;Ls or concerns regarding this letter. Aloha, Nancy McMahon..:` cling Archaeology Branch C1 State Historic Preservation Division • TS x z, "1 OF y q - R -155 STATE OF HAWAII 1 ,1 5 BUREAU OF CONVEYANCES RECORDED • MAR 07, 20 05 08 :01 AM ', � y� 1h � ` —(` { Doc No(s) 2 s 005- 044110 I ls! CARL T. WATANABE REGISTRAR OF CONVEYANCES 20 1/1 Z6 CONVEYANCE TAX: $300.00 LAND COURT SYSTEM REGULAR SYSTEM Return by Mail (x) Pickup ( ) TO: -TI e PUA MAUKA DEVELOPMENT, LLC. Escrow No. 803092 -LJ P.O. Box 880507 Lee Joumigan Pukalani, HI 96788 - Total Number of Page : AFFECTS TAX MAP KEY (3)9 -2- 082 -002 • WARRANTY DEED SELLER: MERLE MARTIN, 'husband of E. Maui Chong - Martin, whose mailing address is P.O. Box 6236, Ocean View, HI 96737 BUYER: PUA MAUKA DEVELOPMENT, LLC. a Hawaii limited liability company, whose mailing address is P.O. Box 880507, Pukalani, HI 96788 DESCRIPTION OF PROPERTY: The property covered by this Warranty Deed is described in Exhibit "A ", attached to this document. SALE AND TRANSFER OF PROPERTY: In return for the Buyer's payment of the purchase price as agreed between Seller and Buyer, the Seller sells and transfers the property described in Exhibit "A" to the Buyer. SALE AND TRANSFER OF OTHER RIGHTS: Seller also sells and transfers to the Buyer the following: (A) All improvements located on the property; (B) All rights the Seller has in other property because of the Seller's ownership of the property being sold (these rights are known as "easements and appurtenances "); (C) All rents or royalties from the property; (D) Any mineral and metallic rights owned by the Seller in the property; and (E) All other rights or privileges that the Seller owns because of the Seller's ownership of the property. BUYER'S TENANCY: The Buyer will take and own the property as TENANT IN SEVERALTY. The Buyer will also own the other rights described above in the same tenancy. SELLER'S WARRANTIES: By signing this Warranty Deed, Seller gives Buyer a general warranty of title. This means that Seller guarantees: (A) That the Seller lawfully owns the property and other rights being sold to Buyer; (B) That the Seller has the right to sell and transfer the property and other rights described in Exhibit "A" and this Deed; (C) That there are no other claims by any person against the properly or the other rights being sold and no other person has any rights in the property unless those claims or rights are described in Exhibit "A" under the title "SUBJECT TO"; and (D) That if any other person makes any lawful claim against the property or the other rights being sold, or has any rights in the property, and those claims or rights are not described in Exhibit "A" under the title "SUBJECT TO ", then the Seller will defend the Buyer's ownership against those lawful claims and rights. The Seller does not have any obligation to 2 defend the Buyer's ownership against any claims or rights described in Exhibit "A ". DEFINITIONS: The word "person" includes natural persons, business organizations and any other entity the law allows to own property or conduct business; The words "Seller" and "Buyer" include the persons named in this Deed and those who take over or succeed to that person's rights or interests, whether by purchase, inheritance, operation of law or otherwise. DATE: This Deed is being signed by the Seller on the 7day of r� , 2005. "SELLER" 1)116/ .2)1 (21"---7 MERLE MARTIN s APPROVED AS TO FORM: PACIFIC STATES LEGAL GROUP Prepared by Pacific States Legal Group, 75 -5995 Kuakini Hwy, Suite 441, Kailua -Kona, Hawaii /(808) 329 -2076 C:\ Shared\ KATY\ Forms \CONVDOC. FRIv1tFIDELITY\ 2005\ February \PuaMaukaDev803092.wpd\2 /10/05 3 STATE OF HAWAII SS. COUNTY OF HAWAII ) jJ On this \.‘6 day of F L,) , 2005 before me personally appeared MERLE MARTIN, to me known or satisfactorily proven to be the person described in and who executed the foregoing instrument and who acknowledged that he executed the same as his free act and deed. .70"• , .K. flaw 4 Il J: °N a`E l Csse 1 [Print name of Notary Public] i Notary Public, State of Hawaii ' s Isl. c A� •N 61� My Commission Expires: (0 - (20 q I., ••N . 0 OF t{ 4 EXHIBIT "A" All of that certain parcel of land situate at Kahuku, District of Kau, Island and County of Hawaii, State of Hawaii , situated on the Northerly side of Hawaii Belt Road and on the Westerly side of Hawaii Boulevard, being Lot 21 -C -1, Block 67, of the "Hawaiian Ocean View Estates ", as shown on File Plan No. 738, being portions of lots 21 -B and 21 -C of Block 67 of Hawaiian Ocean View Estates, and Grant 2791 to C.C. Harris, more particularly described as follows: Beginning at the Northeasterly corner of this parcel of land, being also the Southeasterly corner of Lot 21 -B -1 of this subdivision and being a point on the Westerly side of Hawaii Boulevard, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU 0 KAMAOA" being 2,932.66 feet North and 7,267.55 feet West and running by azimuths measured clockwise from True South: 1. 19 ° 34' 52' 222.90 feet along the Westerly side of Hawaii Boulevard to a point; Thence, following along the Westerly side of Hawaii Boulevard on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 2. 64 ° 34' 52" 28.28 feet to a point; 3. 109 ° 34' 52" 655.00 feet along the Northerly side of Hawaii Belt Road to a point; Thence following along the Northerly side of Hawaii Belt Road on a curve to the right with a radius of 11,960.00 feet, the chord azimuth and distance being: 4. 109 ° 366' 02" 8.12 feet to a point; Thence, for the next six (6) courses following along the remainder of Grant 2791 to C.C. Harris: 5. 199 ° 35' 117.89 feet along Lot 13 of Block 67 of Hawaiian Ocean View Estates ( File Plan No. 738) to a point; 6. 251 ° 01' 30" 303.00 feet along Lot 17 of Block 67 of Hawaiian Ocean View Estates ( File Plan No. 738) to a point; 7. 341 ° 01' 30" 140.00 feet along Lot 21 -A of Block 67 of Hawaiian Ocean View Estates to a point; 8. 312 ° 41' 30" 50.00 feet along Lot 21 -B -1 of this subdivision to a point; 9. 294 ° 00' 179.21 feet along Lot 21 -B -1 of this subdivision and along the remainders of Lots 21 -B and 21 -C to a point; 10. 259 ° 05' 155.79 feet along Lot 21 -B -1 of this subdivision and along the remainder of Lot 21 -C to the point of beginning and containing an area of 3.183 acres, more or less. TOGETHER WITH an undivided interest in and to all roadways located within the above - mentioned Subdivision, together with a perpetual non - exclusive easement -of -way in common with all other owners from time to time of lands therein, in, over, under and across all of said roadways, for all ingress, egress and utility purposes; PROVIDED, HOWEVER, in the event it shall at any future time be deemed desirable by the COMMITTEE having control of the Road Maintenance Escrow Fund heretofore established to convey the said roadways or any portion of them to any proper governmental authority which shall undertake the maintenance of said roadways, the ownership and easements herein set forth shall, to the extent necessary, be forthwith terminated, and the said Grantee herein does hereby irrevocably appoint said COMMITTEE and its successors his attorney -in -fact to make such conveyances. Being all of the property conveyed by the following: Deed Grantor: Glenn _ N. Kimura, duly appointed and qualified Ancillary Personal Representative of the Estate of Al Cory, deceased Grantee: Merle Martin, husband of E. Maui Chong - Martin, as Tenant in Severalty Dated: November 27, 1989 Recorded: December 27, 1989, in the Bureau of Conveyances, State of Hawaii, Book 24047 Page 542. Warranty Deed Grantor: Kaye Cory Baker, a married woman Grantee: Merle Martin, a married man, as Tenant in Severalty Dated: October 4, 1990 Recorded: December 4, 1990, in the Bureau of Conveyances, State of Hawaii, Document No. 90- 184937. SUBJECT, HOWEVER, TO: h 1. Reservation in favor of State of Hawaii of all mineral and metallic mines. 2. Rights of Native Tenants as contained in Royal Patent Grant No. 2791. 3. Covenants, conditions and restrictions (deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex handicap, familial status or national origin) as set forth in the following: Deed Dated: June 14, 1963 Recorded: in the Bureau of Conveyances, State of Hawaii, Book 4571, Page 438. 4. Covenants, conditions and restrictions (deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex handicap, familial status or national origin) as set forth in the following: Deed Dated: October 4, 1965 Recorded: in the Bureau of Conveyances, State of Hawaii, Book 5154, Page 479. 5. Covenants, conditions and restrictions (deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex handicap, familial status or national origin) as set forth in the following: Deed Dated: July 12, 1966 Recorded: in the Bureau of Conveyances, State of Hawaii, Book 5385, Page 47. 6. AS TO THE UNDIVIDED 1/11,500 FEE SIMPLE INTEREST: A) Grant dated November 21, 1977, recorded in the Bureau of Conveyances, State of Hawaii in Book 12602, Page 765. B) Grant dated March 27, 1980, recorded in the Bureau of Conveyances, State of Hawaii in Book 14674, Page 177. C) Grant dated June 23, 1980, recorded in the Bureau of Conveyances, State of Hawaii in Book 15145, Page 72. Ex • D) Grant dated January 6, 1981, recorded in the Bureau of Conveyances, State of Hawaii in Book 15357, Page 233. E) Grant dated July 6, 1981, recorded in the Bureau of Conveyances, State of Hawaii in Book 15735, Page 105. 7. Terms and provisions of that certain H.O.V.E. ROAD MAINTENANCE CORPORATION (By- Laws), recorded in the Bureau of Conveyances, State of Hawaii in Book 23185 at Page 164. 8. Order Approving Stipulated Settlement and Final Judgment- Civil No. 89 -232- Third Circuit Court Plaintiff: H.O.V.E. Road Maintenance Corporation, a Hawaii non- profit corporation Dated: April 10, 1992 Document No. 92- 081679 RE: Subjecting every lot owner within the Hawaiian Ocean View Estates Subdivision to the Settlement Agreement between Plaintiff and Defendant, the Amended and Restated Articles of Incorporation of H.O.V.E. Road Maintenance Corporation and By -Laws of H.O.V.E. Road Maintenance Corporation END OF EXHIBIT "A "' Cke 9 Harry Kim ;N tvl °F "•,,: William Takaba Mayor • s Finance Director • +''� " . � , " Nancy E. Crawforc . , • - -- Deputy Director 114E O4.M'.N County of Hawaii DEPARTMENT OF FINANCE - REAL PROPERTY TAX 101 Pauahi Street • Suite 4 • Hilo, Hawaii 96720 -4679 • Fax (808) 961 -8415 Appraisers (808) 961 -8354 • Clerical (808) 961 -8201 • Collections (808) 961 -8282 75 -5706 Kuakini Highway • Suite 112 • Kailua -Kona, Hawaii 96740 • Fax (808) 327 -3538 Appraisers (808) 327 -3542 • Clerical (808) 327 -3540 REAL PROPERTY TAX CLEARANCE Date .161MG al o2DD TMK/Parcel I.D. No. (3) 4-2.0 Os 01' D0p,- (3) (3) This is to certify that PU'P WidA 1 'ev 1 p N • . (Owner's of record) has paid the County of Hawaii for the real property taxes due for the parcel (s) listed above upto and including 11 -136 3D�a(�D$ • by tia* 111")14)- • ea Property Tax Clerk Hawaii County is an Equal Opportunity Provider and Employer. KIN Stephen J. Herbert P.E. 9 Inc. on 74 -5606 Pawai Place, Ste 203 Kailua -Kona, HI 96740 Ph (808) 329 -5272 Fax (808) 331 -2744 sherbert@hawaii.rr.com May 8, 2008 State of Hawaii, Dept of Transportation Highways Division 50 Maka'ala Street Hilo, HI 96720 Attn: Mr. Stanley Tamura Subject: Traffic Study — Self Storage Facility Hawaii Belt Highway (FAP No. F- 011 -1(2) TMK (3) 9 -2 -082: 002 The Owner of the above parcel has applied'to the County of Hawaii, Planning Department for rezoning in order to construct a seven thousand square foot self storage facility on the3.183 acre lot. The site fronts the Hawaii Belt Highway between the intersections of Leilani Parkway (Sta. 580 +35 ±) and Hawaii Boulevard (Sta. 592 +90 ±) that are access roads to the Hawaiian Ocean View Estates Subdivision. The closest Mile Marker is marked "79 Mile" and has Station Number Sta. 527 +00. Access to the site will be from the sixty foot wide access road on the South side of the property, which will be improved to the County Standard for a minor roadway having a pavement width of 16 feet. The line of sight to the left and right of the intersection of the roadway and the Belt Highway is in excess of 1,000 feet. The posted speed limit on the highway is 55 miles per hour. The anticipated traffic flow generated by this facility is very low. From the Institute of Traffic Engineers, Land Use Code 151, the traffic generator count for mini - warehouses is 2.61 vehicles per 1000 square feet. For this 7,800 sf facility, the weekday traffic count would be 20.35 vehicles per day. Using the ITE formulas for peak hour flow of 0.17 vehicles per hour in the morning and 0.26 vehicles per hour for afternoons, the peak flows calculate to 1.32 vehicles per hour in the mornings and 2.03 vehicles per hour in the afternoon. Using the ITE formulas for Saturday traffid, the vehicles per day rate is reduced to 18.17 vehicles, however the peak hour flow increases to 3.12 vehicles per hour. Assuming a worst case scenario of 4 vehicles per hour with fifty per cent of the vehicles entering the access road and fifty per cent leaving the access road, and assuming further, that each of these movements will turn left fifty per cent of the time and right fifty per cent of the time, it is estimated that only one repetitive turn will be made each hour. Based on the foregoing, it is my opinion that no provision has to be made for acceleration, deceleration, or safe harbor turning lanes to serve this project. Should you have questions concerning the calculations presented or the opinion made, please feel free to contact me at any time. Sincerely, f / j 1 r // '/ / Ste,• en . '-re --ft . Hawaii Civil Engineer PE -1978 Alaska Civil Engineer PE -1589 Hawaii Contractor ABC -4423 i: 1/ 10 Stephen J. Herbert P.E• P.O.Box 4481 Kailua -Kona, HI 96745 Ph (808) 329 -5272 s• Fax (808) 325 -7966 s• sherbert @hawaii.rr.com • August 24, 2009 Pua Mauka Development LLC Atn: Mr. Clifford Harrell P.O.Box 880507 Pukalani, HI 96788 Dear Clifford: Please find attached copy of the State of Hawaii, Dept of Transportation, Highways Division letter prepared in my reply to the Traffic Study prepare for your proposed Self Storage Facility. The Highways Division basically did not take any action on the Traffic Study as the submittal did not come through the normal Plan Approval process of the County Planning Dept. Hopefully, your Architect is preparing the Plan Approval drawings. These drawings may require Civil Engineering designs for Grading and Drainage Plans plus wastewater systems. We can help on these items, but need to know what the Planning Dept will be asking for. Mr. Tamura also has asked for supplemental information including a traffic count at the highway and adjacent roads. Hopefully, this can be avoided when his Department reviews the plan approval submittal. A traffic count requires on -site observation of traffic over several days of the week and then entering the information into a computer program to chart current and future traffic loads. In the past, Traffic Engineers have not had to prepare traffic counts, traffic reports and traffic studies in this area due to low travel volumes. Mr. Tamura also commented that the study should comply with HAR 16- 115 -9, which outlines the format of the Engineer's certification statement. I have attached a corrected version of the original traffic study, so that Mr. Sogi will have a complying format, should he chooses to use it in the Plan Approval submittal. My apologies for the confusion created by our endless bureaucracies. Yours truly, Stephen J Herbert P.E. cc: Mr. James Sogi Hawaii Civil Engineer PE -1978 Alaska Civil Engineer PE -1589 Hawaii Contractor ABC -4423 Stephen J. Herbert P.E. P.O.Box 4481 Kailua -Kona, HI 96745 Ph (808) 329 -5272 Fax (808) 325 -7966 •: sherbert @hawaii.rr.com August 24, 2009 State of Hawaii, Dept of Transportation Highways Division 50 Maka'ala Street Hilo, HI 96720 Attn: Mr. Stanley Tamura Subject: Traffic Study - Self Storage Facility Hawaii Belt Highway (FAP No. F- 011 -1(2) TMK (3) 9 -2 -082: 002 The Owner of the above parcel has applied to the County of Hawaii, Planning Department for rezoning in order to construct a seven thousand square foot self storage facility on a 3.183 acre lot. The site fronts the Hawaii Belt Highway between the intersections of Leilani Parkway (Sta. 580 +35 ±) and Hawaii Boulevard (Sta. 592 +90 ±) that are access roads to the Hawaiian Ocean View Estates Subdivision. The closest Mile Marker is marked "79 Mile" and has Station Number Sta. 527 +00. Access to the site will be from the sixty foot wide access road on the South side of the property, which will be improved to the County Standard for a minor roadway having a pavement width of 16 feet. The line of sight to the left and right of the intersection of the roadway and the Belt Highway is in excess of 1,000 feet. The posted speed limit on the highway is 55 miles per hour. The anticipated traffic flow generated by this facility is very low. From the Institute of Traffic Engineers, Land Use Code 151, the traffic generator count for mini - warehouses is 2.61 vehicles per 1000 square feet. For this 7,800 sf facility, the weekday traffic count would be 20.35 vehicles per day. Using the ITE formulas for peak hour flow of 0.17 vehicles per hour in the morning and 0.26 vehicles per hour for afternoons, the peak flows calculate to 1.32 vehicles per hour in the mornings and 2.03 vehicles per hour in the afternoon. Using the ITE formulas for Saturday traffic, the vehicles per day rate is reduced to 18.17 vehicles, however the peak hour flow increases to 3.12 vehicles per hour. Assuming a worst case scenario of 4 vehicles per hour with fifty per cent of the vehicles entering the access road and fifty per cent leaving the access road, and assuming further, that each of these movements will turn left fifty per cent of the time and right fifty per cent of the time, it is estimated that only one repetitive turn will be made each hour. Based on the foregoing, it is my opinion that no provision has to be made for acceleration, deceleration, or safe harbor turning lanes to serve this project. `� -NJ. 1-1E-,96, Respectfully submitted. THIS WORK WAS PREPARED BY ME OR UNDER MY SUPERVISION. LICENSED PROFESSIONAL ENGINEER NO. 1978 -C 1 y� • v Q Stephen J. Herberi Expiration Date of License Hawaii Civil Engineer PE -1978 Alaska Civil Engineer PE -1589 Hawaii Contractor ABC -4423 LINDA. ANGLE o c GOVERNOR A ?' - i s ........ s BRENNON C. MORIOKP i DIRECTOR Deputy Directors MICHAEL D. FORMBY � `�:_p:u: + FRANCIS PAUL KEENO BRIAN H. SEKIGUCHI STATE OF HAWAII JIRO A. SUMADA DEPARTMENT OF TRANSPORTATION HIGHWAYS DIVISION IN REPLY REFER TO: HAWAII DISTRICT HWY -H 09- 2.0674 • 50 MAKAALA STREET HAWAII TELEPHONE: (808) 933-8866 e FAX: (808) 933 -8869 August 18, 2009 Mr. Stephen J. Herbert, P.E. Kona Wai Engineering, LLC P.O. Box 4481 Kailua -Kona, Hawai`i 96745 Dear Mr. Herbert: SUBJECT: Traffic Study — Self Storage Facility Pending County of Hawaii Planning Department Rezoning Hawaii Belt Highway (FAP No. F- 011 -1(2) T.M.K. 9 -2 -082: 002 • Por. H.O.V.E., Kahuku, Kau, Hawai'i We wish to acknowledge receipt of your letter transmittal and study dated August 11, 2009. Generally, the County Planning Department will provide copies to our Department for review and comment. The Department will then further distribute the copies to the appropriate divisions and branches at which time we will review the complete application and attachments. After all comments are received and coordinated, a response from the director will be sent to the County Planning Department. Please note that at this time we will only be able to provide general comments without pre- empting the departmental response. Please note that it is more difficult to review a study without the supplemental information which ' provides the context for the development such as the existing pavement conditions and traffic counts on the highway and adjacent roads. A conceptual layout plan depicting the buildings, parking area, utility connections and driveway locations relative to the state highway would be helpful. The study submittal for review should comply with HAR 16 -115 -9 (see attached). Stephen Herbert August 19, 2009 HWY -H 09- 2.0674 Page 2 If you have any questions please call Mr. Clinton Yamada at 933 -1951. Very truly yours, IP ifi i 'i TANLEY M. TAMURA Hawai`i District Engineer ni I Stephen J. Herbert P.E., Inc. woo 74-5606 Pawai Place, Ste 203 ❖ Kailua-Kona, HI 96740 Ph (808) 329 -5272 Fax (808) 331 -2744 •:• sherbert @hawaii.rr.com August 27, 2008 Pua Mauka Development LLC Attn: Mr. Clifford Harrell P.O.Box 880507 Pukalani, HI 96788 Re: Water Storage at the Ocean View Project TMK (3) 9 -2 -082: 002 Below are calculations and recommendations for water storage and collection areas required to support the Water Consumption Estimate prepared for your Ocean View Storage Units project. Annual Rainfall at Kahuku Ranch - 9 inches (source NOAA) Collection Efficiency - 75% Collectable Annual Rainfall - 6.75 inches (.56ft) Phase 1- Average Daily Demand - 288 gal /day Phase 1— Annual Demand - 103,680 gal / 13,680 cf Collection Area Required - 28,321 sf Proposed Collection Area - 5,505 sf Phase 2 — Average Daily Demand - 1,000 gal /day Phase 2 — Annual Demand - 360,000 gal / 48,128 cf Collection Area Required - 185,092 sf Proposed Collection Area - 10,000 sf The following additional gallons of water will have to be purchased from outside sources and delivered as needed each month: Phase I: .6,710 gallons / month Phase II: 26,494 gallons / month With respect to recommended storage capacity, a thirty to sixty day supply is normally recommended. For Phase 1, I recommend that a 10,000 gallon tank be installed, which would work out to a 34 day supply. For Phase 2, a 20,000 gallon tank is recommended, however this would only provide a 20 day supply. Larger tanks are available, but not very practical due to much higher costs, plus the longer retention times increase the likelihood of algae and other contaminants forming in the standing water. Hawaii Civil Engineer PE -1978 Alaska Civil Engineer PE -1589 Hawaii Contractor ABC -4423 it i ) 8/27/2008 Page 2 of 2 From the above information, it is clear that water conservation is an important economic decision. The Water Consumption Estimate included allowances for landscape irrigation, however if "xeroscopic" type plantings are installed, total water demand could be reduced 20 to 40 percent. Again, thank you for this opportunity to be of service. Sincerely, Stephen J. Herbert P.E. cc: Mr. James Sogi, Esq. Hawaii Civil Engineer PE -1978 Alaska Civil Engineer PE -1589 Hawaii Contractor ABC -4423 .mod 11 • N L co 7 =O E co Y W co N O. •o co co 0 CD 0 LO CV C r-- co co a) E 0 T ❑ 0 a , rn to ❑ X (0 E co C '� co (N4 O l (00 b LO N N N E 0 ❑ m T v ^ 0 ❑ 0 03 > y Q 07 0) 0 T 0 C 0 00 ` co 0 M CV E N 0 41 m ° O) ca C f0 T 0 O F- ❑ a N es W ,n w, co 0 N N N O N to O N C 2 n o o C O O c) a 3 01 U) > (V c 3 W y E Y N = N N •V N O d E Z as 7 N CO U I Qom` F O a t- s CO U a o W W m e- Z d O G C a C a 0 H G U N $ L D m rn O 0) gi co a o O °' M c o H m E • 0 c0 E n W d .2 a 0 F' E N N y C m . d N N ; n 0 0 o co >, T T • a 7 0) E y q . •O O O ._- O >. m p m c C C c C c L2 c a as 'lp a . R E (0 o > > D a) E = a m E V E E E a �W dW dW co QWU c') = o O () 20 mo ES c otSoo c m = n uJ o ` 6 o8 ` om o a)yy 2 >, G U ) d (.0 .o (/) -O ., j.O iII . •O p E co (nE m oEE 9 ° a O • N 7 (y 7 t 7 7 m m 0 -= N z z - L O 0 . c . c , Z N 'O M "O 0) c -O v CI) .2 Q) . 0) . ' co 3 0 o c0 � It C C ( a . E 0 f6 6 N o ca R N ( D > W o f � E a E E E v a > J = y 7 U) C N 7 fA . y f I- 0 'm CO co 00W COW 03W m yLLWW J ° ° o hi F a m o a m N Z EX. 11 Kahuku Trucking Unlimited Dba, Pure Hawaiian Water, Inc. P.O. Box 1042 Naalehu, Hawaii 96772 808- 929 -8333 August 3, 2008 Fed. I.D. 30- 0287292 PUC 5130 -C Re. Water supply for One Hawaii Blvd. Ocean View Hawaii 96737 To: County Console Board of Directors, Dear Board, My company can and will supply the property at One Hawaii Blvd. Ocean View Estates, Ocean View Hawaii with the water supply needs that are set forth by the county of Hawaii. We are capable of handling the requirements of this property as proposed by the water survey done for this property, and will be there if more water is needed as the property grows in the future. If you have any questions pertaining to our capacity or mode of operations please feel free to contact us at the above number. Mahalo and Aloha, (PA-005 Casey Santana Owner - :o OF N,TY • Planning Commission Lorraine R. Inouye •: �: ":. ��' Mayor 25 Aupuni Street, Rm. 109 • Hilo, .Hawaii 96720 • (808) 961 -8288 CERTIFIED MAIL August 8, 1991 Mr. Bruce Kawamura BK, Inc. 675 Kinoole Street Hilo, HI 96720 Dear Mr. Kawamura: Special Permit Application Applicant: BK, Inc. Commercial Office Building Tax Map Key: 9 -2 -82:02 The Planning Commission at its duly held public hearing on July 30, 1991, voted to approve your application, Special Permit Permit No. 781, to allow the establishment of a commercial office building, which would contain real estate, legal, business consulting, accounting /financial, engineering /drafting, insurance and medical /dental services, on 3.183 acres of land situated within the State Land Use Agricultural District. The property is located on the northwest corner (Kona side) of the Hawaii Belt Road - Hawaii Boulevard intersection, Hawaiian Ocean View Estates, Kahuku, Ka'u, Hawaii. Approval of this request is subject to the following conditions: 1. The applicant, its successors, or assigns shall be responsible for complying with all stated conditions of approval. 2. Final Plan Approval for the first phase of the office complex shall be secured from the Planning Department within one year from the effective date of this permit. To assure adequate time for plan approval review and in accordance with Chapter 25 -244 (Zoning Code), plans shall • be submitted a minimum of forty -five days prior to the date e . t3 4 411 410 } Mr. Bruce Kawamura August 8, 1991 Page 2 by which plan approval must be secured. Plans shall identify structures, landscaping, and parking stalls associated with the office complex. Landscaping shall provide a buffer between structures /parking areas and property boundaries. Parking shall comply with the requirements of Chapter 25 (Zoning Code). No parking variance from the Code shall be applied for or granted. 3. Construction of the first phase of the office complex and related improvements shall commence within one year from the date of receipt of Final Plan ,Approval and shall be completed within two years thereafter 4. Final Plan Approval for the second phase shall be secured from the Planning Department within one year from the. issuance of a certificate of occupancy for the first phase. Plans shall be prepared and submitted in accordance with Condition No. 2 above. 5. Construction of the second phase of the office complex and related improvements shall commence within one year from the date of receipt of Final Plan Approval and shall be completed within two years thereafter. 6. Access and drainage improvements shall meet with the approval of the Department of Public Works. 7. Comply with all other applicable laws, rules, regulations, and requirements including those of the Department of Health, the Fire Department, and the Department of Public Works. 8. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the approval of the permit. 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 with and the Planning Director acknowledges that further reports are not required. 9. An extension of time for the performance of conditions within the permit may be granted by the Planning Director upon the following circumstances: a) the non - performance is `x•13 Mr. Bruce Kawamura August 8, 1991 Page 3 the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors, or assigns and that are not the result of their fault or negligence; b) granting;of the time extension would not be contrary to . the general;plan or zoning code; c)granting of the time extension would not be contrary to the original reasons for the granting of the permit; and d) 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). Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate procedures to revoke the permit. This approval does not, however, sanction the specific plans submitted with the application as they may be subject to change given specific code and regulatory requirements of the affected agencies. Please feel free to contact the Planning Department if there are any questions on this matter. Sincerely, � ". a / Mike Luce, Chairman Planning Commission 6568d jdk xc: Department of Public Works Department of Water Supply County Real Property Tax Division West Hawaii Office State Land Use Commission 1 Sc' c: Flan Wpprovai Section _ • Anuenue natural Foods. Deli 8 Bakery 808 929-75E Ocean View Town Center FAX, 808 939-75.5 Mailing: P.0. box 750 Email: anuenuenaturalfoods@msn.co naalehu. HI 96772 Hawaii County Planning Commission 7 5 -5 706 Kuakini Highway, Suite 109 Kailua -Kona, Hawaii 96745 May 12, 2006 Dear Planning Commission: As an Ocean View business owner, I urge the Hawaii County Planning Commission to approve the Pua Mauka Development Project. The Ocean View population has boomed in the last two years, but almost no new businesses have been opened to accomodate this larger population. The severe shortage of commercial rentals in Ocean View prevents the needed new businesses from being established. Consequently Ka'u residents must drive 1 1/2 hours to Kona or Hilo even for everyday needs. Not only does this inconvenience those who live in Ka'u, it also adds to traffic problems and gas consumption. The Pua Mauka Development project would provide commercial rental space for new businesses and the expansion of existing businesses that would improve the standard of living for local residents. Please help all of us who live in Ka'u by approving this much needed project. Sincerely, > /i/ , /z"ei c . d iAt4 / 4._ Linda Morgan Owner 5/9/2006 3:45 PM FROM: Fax Law Hawaii LLC TO 9298575 PAGE: 002 OF 002 To: Chris Yuen and the Planning Commission Re: Pua Mauka Development Project on One Hawaii Blvd. Dear Sir, I am a resident of the HOVE area in Kau and support the proposed Pua Mauka development project for professional and commercial space, restaurant and storage. The HOVE and Kau area needs space for commercial activities, such as shops and offices, a restaurant and storage. Additional services available locally would lessen the need for HOVE residents to drive to Kona or Naalehu and save on gas and traffic and will provide employment opportunity. We urge you to approve the project. Dated: 51/0/® To: Chris Yuen and the Planning Commission Re: Pua Mauka Development Project on One Hawaii Blvd. Dear Sir, l am a resident of the HOVE area in Kau and supportthe proposed Pua Mauka development project for professional and commercial space, restaurant and storage. The HOVE and Kau area needs space for commercial activities, such as shops and offices, a restaurant and storage. Additional services available locally would lessen the need for HOVE residents to drive to Kona or Naalehu and save on gas andtraffic and will provide employment opportunity. We urge you to approve the project. Dated: 57 1 / 0 / , Pe l� .i .......s -.••••• �.-. rnvrs: rax :.aw Hawaii LLI. 7v: JL9115 ! PAGE: 001 OF UUZ To: Chris Yuen and the Planning Commission Re: Pua Mauka Development Project on One Hawaii Blvd. Dear Sir, I am a resident of the HOVE area in Kau and supportthe proposed Pua Mauka development project for professional and commercial space, restaurant and storage. The HOVE and Kau area needs space for commercial activities, such as shops and offices, a restaurant and storage. Additional services available locally would lessen the need for HOVE residents to drive to Kona or Naalehu and save on gas and traffic and will provide employment opportunity. We urge you to approve the project. Dated: ) (p Ad 4 C)(-1` a( ( 1Uo _]:9D rm rm m: ram Law namaii LLC TO: 9298575 PAGE: 002 OF 002 To: Chris Yuen and the Planning Commission Re: Pua Mauka Development Project on One Hawaii Blvd. Dear Sir, I am a resident of the HOVE area in Kau and support the proposed Pua Mauka development project for professional and commercial space, restaurant and storage. The HOVE and Kau area needs space for commercial activities, such as shops and offices, a restaurant and storage. Additional services available locally would lessen the need for HOVE residents to drive to Kona or Naalehu and save on gas and traffic and will provide employment opportunity. We urge you to approve the project. Dated: • 6(14- To: Chris Yuen and the Planning Commission Re: Pua Mauka Development Project on One Hawaii Blvd. Dear Sir, I am a resident of the HOVE area in Kau and support the proposed Pua Mauka development project for professional and commercial space, restaurant and storage. The HOVE and Kau area needs space for commercial activities, such as shops and offices, a restaurant and storage. Additional services available locally would lessen the need for HOVE residents to drive to Kona or Naalehu and save on gas andtraffiic and will provide employment opportunity. We urge you to approve the project. Dated: 96 7x Fx.1•9 . -. �.+.+ -.•-.� _., rnvr.: eeu a.nw nnmd3.i F.Q.A. w: 7L 7S rAGG_ UUC OE UUz To: Chris Yuen and the Planning Commission Re: Pua Mauka Development Project on One Hawaii Blvd. Dear Sir, I am a resident of the HOVE area in Kau and support the proposed Pua Mauka development project for professional and commercial space, restaurant and storage. The HOVE and Kau area needs space for commercial activities, such as shops and offices, a restaurant and storage. Additional services available locally would lessen the need for HOVE residents to drive to Kona or Naalehu and save on gas and traffic and will provide employment opportunity. We urge you to approve the project. Dated: 5 -o 6 go" 1lLL! - I _� J � • F 14 To: Chris Yuen and the Planning Commission Re: Pua Mauka Development Project on One Hawaii Blvd. Dear Sir, I am a resident of the HOVE area in Kau and support the proposed Pua Mauka development project for professional and commercial space, restaurant and storage. The HOVE and Kau area needs space for commercial activities, such as shops and offices, a restaurant and storage. Additional services available locally would lessen the need for HOVE residents to drive to Kona or Naalehu and save on gas and traffic and will provide employment opportunity. We urge you to approve the project. Dated: Age S lr a ,6 E (. . o /I /4u0a 4:45 PH FROM: Fax Law Hawaii LLC TO: 9299575 PAGE; 002 OF 002 To: Chris Yuen and the Planning Commission Re: Pua Mauka Development Project on One Hawaii Blvd. • Dear Sir, I am a resident of the HOVE area in Kau and support the proposed Pua Mauka development project for professional and commercial space, restaurant and storage. The HOVE and Kau area needs space for commercial activities, such as shops and offices, a restaurant and storage. Additional services available locally would lessen the need for HOVE residents to drive to Kona or Naalehu and save on gas and traffic and will provide employment opportunity. We urge you to approve the project. Dated: �, / _ of o Cp P DEPARTMENT OF PUBLIC WORKS 2 D w ['_i .: 48 COUNTY OF HAWAII HILO, HAWAII DATE: November 30, 2009 Nefig0 TO: BJ Leithead Todd, Planning Director j a c k FROM: 4- Department of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09- 000109) Request: A -1 a to MCX -3a STATE LAND USE BOUNDARY AMENDMENT APP. (SLU 09- 000023) Request: Agricultural to Urban Applicant: Pua Mauka Development, LLC Tax Map Key: 9 -2 -82: 002 We have reviewed the subject applications forwarded by your memo dated October 30, 2009 and offer the following comments for your consideration. All development - generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works. The subject parcel is in an area that is not mapped by the Federal Emergency Management Agency (FEMA) and is identified as an area of "minimal tsunami inundation." VVe designate such parcels as Zone X - areas determined to be outside the 500 -year floodplain. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. Access to the subject property is via Hawaii Boulevard, a private street. Questions may be referred to Kelly Gomes at ext. 8327. Planning Dept. I SCANNED Exhibit 3 F : web County of Hawaii is an Equal Opportunity Provider and Employer } of WATfR s • • 19. 49 y P �� ' DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII - T y °F '„, O 345 KEKANAO`A STREET, SUITE 20 • HILO, HAWAI'1 96720 TELEPHONE (808) 961 -8050 • FAX (808) 961 -8657 November 24, 2009 TO Ms. BJ Leithead -Todd, Planning Director Planning Department ' , "` vl ,fi :l FROM Milton D. Pavao, Manager -�a SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 09- 00002 , -- ° -,A REQUEST: AGRICULTURAL TO URBAN ""' CHANGE OF ZONE APPLICATION (REZ 07- 000069) REQUEST: A -la TO MCX -3a APPLICANT — PUA MAUKA DEVELOPMENT, LLC . TAX MAP KEY 9 -2- 082:002 We have reviewed the subject applications and have the following comments. Please be informed that there are no Department of Water Supply facilities in the area. The nearest water system facility is located in Wai`ohinu, approximately 10.5 miles east of the subject parcel. The Department will note that the Hawaii Water System Standards require that there be 2,000 gallons per minute of flow available at the site for fire protection for commercial land uses. We recommend that the Fire Department be consulted for any fire protection requirements or alternatives. Should there be any questions, you may contact Mr. Finn McCall of our Water Resources and Planning Branch at 961 -8070, extension 255. Since yours, ( L Mil • D. Pavao, P.E. Ma -r . Planning Dept. FM:dfg Exhibit q copy - Pua Mauka Development, LLC Mr. James Sogi 1 0 ... Water, Our Most Precious Resource ... Ka Wai A pane .. . The honarfmont of Ulator Si mnly is an Pni ml flnnnrh ,nit , nrnvirtcr and cmnlnvcr ••�� °�` us �1J• \ W ill ► Kega€ r .t r 4 ■• *i Rr p � % ft , ;.: Lono A. Tyson tl' ' �- -`�'€_ Director E.o;.;4 Ivan M. Torigoe j pc in: 7 Deouty Director ii unfi Uf Pafilail 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 : November 5, 2009 To BJ LEITHEAD TODD, Planning Director From: LONO A. TYSON, Director Subject: State Land Use Boundary Amendment Application (SLU 09- 000023) Request: Agricultural to Urban Change of Zone Application (REZ 09- 000109) Request A -la to MCX -3a Applicant: Pua Mauka Development, LLC TMK: 9 -2 -82:2 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: REFek ja C.UM/ 13ELAN : WASTEWATER COMMENTS: ( /) 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 Hawaii County Code. Complete D.E.M. Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23 -85 of the Hawaii County Code. ( ) Other: SOLID WASTE COMMENTS: Planning Dept. No comments (V Commercial operations, State and Federal agencies, religious entities and non - profit Exhibit 5 organizations may not use transfer stations for disposal. ( )0) Aggregates and any other construction /demolition waste should be responsibly reused to its fullest extent. ( -) 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. ( 'v) Construction and demolition waste is prohibited at all County Transfer Stations. ( ) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the departurentsr N ( ) Other: cc: SWD, Vat County of Hawaii is an Equal Opportunity Provider and Employer. By:_ 400 * of \�dh<c • ' - n • William P. Kenoi •i �•'��;��;. Lono A. Tyson Mayor - � �'s Director .,T OF ' N ► ` Ivan Torigoe Deputy Director L.>fifr 7.4afuni`i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawai'i 96720 (808) 961 -8083 • Fax (808) 961 -8086 http: / /co.hawaii.hi.us /directory /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 Hawai`i is an Equal Opportunity Provider and Employer. Solid Waste Management Plan Guidelines Page2of2 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., Soljd Waste Division Chief at 808 -961 -8515. CONCUR: -08.0- . Tr k Lono A. Tyson DIRECTOR County of Hawai'i is an Equal Opportunity Provider and Employer. k ,. William P. Kenoi .... , ;:? 1,57,,-,7 ' - ^ ,\ � al�;p . ' i - € a t t: ' z; Harry S Kubojiri Mayor ; f �' Police Chief ' +r. ;+' - " ;; i iflit 1 s . n Paul K. Ferreira • Deputy Police Chief County of Hawaii POLICE DEPARTMENT 349 Kapi'olani Street • Hilo, Hawai`i 96720 -3998 (808) 935 -3311 • Fax (808) 961 -2389 November 12, 2009 TO : BJ LEIT EAD TODD, "LANNING DIRECTOR FROM EINRY TAVA4 ' . ASSISTANT CHIEF, AREA II OPERATIONS SUBJECT : State Land Use Bo # ary Amendment Application (SLU 09- 000023) Request: Agricultural to Urban Change of Zone Application (REZ 09- 000109) Request: A -la to MCX -3a Applicant: Pua Mauka Development, LLC Tax Map Key: 9 -2 -82:2 Staff has reviewed the above - referenced application and has no comments or objections at this time. Should you or your staff have any questions, please contact Captain Andrew Burian, Commander of the Ka'u District, at (808) 939 -2520. AB RS0900979 Planning Dept. Exhibit (0 '° N E "Hawai`i County is an Equal Opportunity Provider and Employer" r 6 ri ,4 6 5 ;G,`f' \I . 9f ''� 1 11 lL 9 % 1 William P. Kenoi Darryl J. Oliveira Mayor I :N; ✓a a ; Fire Chief % ;qT NP . ..�;> : Glen P. I. Honda ! O! `\\ = Deputy Fire Chief County of R)athat HAWAII FIRE DEPARTMENT 25 Aupuni Street • Suite 103 • Hilo, Hawaii 96720 (808) 981 -8394 • Fax (808) 981 -2037 December 9, 2009 TO: BJ LEITHEAD TODD, PLANNING DIRECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 09- 000023) REQUEST: AGRICULTURAL TO URBAN CHANGE OF ZONE APPLICATION (REZ 09- 000109) REQUEST: A -la to MCX -3a APPLICANT: PUA MAUKA DEVELOPMENT, LLC. TAX MAP KEY: 9 -2 -82:2 In regards to the above - mentioned State Land Use Boundary Amendment and Change of Zone application, the following shall be in accordance: Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building .hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). Planning D pt. Exhibit J „; 4 DEC 1 6 2009 F ` Hawai County is an Equal Opportunihj Provider and Employer. * N 1 r 1 1�1 0 5 9 . 3 BJ Leithead Todd December 9, 2009 Page 2 "3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire- ' fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high -piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all- weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead -end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15 %) y f� BJ Leithead Todd December 9, 2009 Page 3 "(k) Obstruction. The required width of any fire a any manner, including parking of vehicles. pparatus access road shall not be obstructed in under this section shall be maintained at all times imum required widths and clearances established "(1) Signs. When required by the fire chief, approved signs or provided and maintained for fire a � other approved notices shall be obstruction thereof or both." apparatus access roads to identify such roads and prohibit the Water supply shall be in accordance with UFC Section 10.301(c): °(c) Water Supply. An approved water supply capable of supplying required protection shall be provided to all premises upon which buildings or portions of hereafter constructed, in accordance with the respective county water requirements. d fire flow for fire provided, when required by the chief, on -site fire hydrants and mains ca able buildings are required fire flow. There shall be p le of supplying the "Water supply may consist of reservoirs, pressure tanks, elevated systems capable of providing the required fire flow. tanks, water mains or other fixed "The location, number and type of fire hydrants connected to a water supply ca the required fire flow shall be protected as set forth b y the respective All hydrants reall be all i tc the fire de pp Y gae of t s county requirements of Section 10.207. department apparatus by roadwways ays requirements. m eeeing e meeting the 4 Fire Chief GA:lpc rlr a T U A I LINDA LI \GLL s _ ,.� u p c }(q LAURA 11. 11111 t f [I ('OVI.'D", OEH HAWAII I IA,I<I'I:R,OI, , 7 ,4;j(: . ... .( 1959 9% IR:IARO OF !AND , \ n 9 I1E0 UNAI OURCI. M Rf I:S elf 7) _ I IIMMISSION ON ER RE.SA \A r4 : . _� ¢ 6 RURSI;I q - I : n ( r3- { 0 Russ,,,,, . I•. •rsU.11 ` okva nd a 4,,,, 4,,,, k ! - I . 5 is _ Sti o p � 1 ,.- - -,s14 - '1�+Ff mt,l rn,rvlr ,�, �, ar gill: KEN C: FAIL AIIAILI a s ` DI:PUIY UIRR4IOR • \\'91'1:11 p _ N t O AOl /nll('NI�SOIINf.I V74;:;:•!.•••• IR)A I'INC; AND OCEAN RI(7(I \PION '1:7:7'. DUI I WOI CONVI1 h(IS (()9111 ,ION ON\\A IIRRI,(U, (r „ANA(I.MRNI Y :. ` (Y)NSI.R\ \7101 AND ..( \ , I AI LANDS STATE OF HAWAII Oh,l fl \, \'[,ON AND RESOURCE, 1 L9,(7P( I.N(.INI:CR W( S idreofHav , r 0 DEPARTMENT OF LAND AND NATURAL RESOURCES [•UI °:11xYA. ON IlrtiIO DI I'111SE1: D RAIIOOI ANI NAND RRER\'I:('OMMISSIf9N STATE HISTORIC P ES I?RVATION DIVISION SIMI PARKS 601 KAMOKILA B ROOM 555 KAPOLEI HAWAII 96707 November 5, 2009 Bobby Jean Leithead -Todd, Planning Director Attention: Norman Hayashi LOG NO: 2009.4066 County of Hawaii Planning Department DOC NO: 0911TD06 101 Pauahi Street, Suite 3 Archaeology Hilo, Hawaii 96720 -4224 Dear Ms. Leithead -Todd: SUBJECT: Chapter 6E -42 Historic Preservation Review — Change of Zone Application (REZ 09- 000109) & Land Use Boundary Amendment Application (SLU 09- 000023) for a 3.18 -Acre Parcel Kahuku Ahupua'a, Ka'u District, Island of Hawaii TMK: (3) 9-2-82: 002 Thank you for requesting our comments pertaining to the subject change in zone and land use boundary amendment application, which was received in our office November 2, 2009. The applicant proposes to change zoning from Agricultural to Urban in order to allow for the construction of mini self- storage units. An archaeological field inspection of the property was conducted in 2005, and our office accepted the results of the inspection report, which found that no historic properties were present within the parcel (Log 2008.0619, Doc 0803TS18). We determine that no historic properties will be affected by this project because: ® Grubbing/grading has altered the land El Development /urbanization has altered the land ® ® An accepted archaeological field inspection found no historic properties SHPD previously reviewed this project and determined that no historic properties would be affected In the event that historic resources, including human skeletal remains, lava tubes, and lava blisters /bubbles are identified during the activities, all work should cease in the immediate vicinity of the find, the find should be protected from additional disturbance, and the State Historic Preservation Division, Hawaii Island Section, should be contacted immediately. Please contact Theresa Donham at (808) 933 -7653 if you have any questions or concerns regarding this letter. Aloha, ,Zi.,_7.,,.; , Theresa K. Donham, Lead Archaeologist SCANNED Hawaii Island Section g b 9 State Historic Preservation Division Planning p t. • • Exhibit • OF t S E H q _ LAURA H. THIELEN LINDA LING{.E - i - �z l �P 1 . s 9 `' v CHAIRPERSON i : V/ /i BOARD OF LAND AND NATURAL RESOURCES GOVERNOR OF ti A1144 0d wb� A � / � t •� COMMISSION ON WATER RESOURCE MANAGEMENT �tif ,[ll M S 0 � 1 _ 19: 54 "& \' 3!riv ;' h and and 4i' S w u^, co o t __wet o � lr STATE OF HAWAII ri® DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION St ate of POST OFFICE BOX 621 HONOLULU, HAWAII 96809 November 30, 2009 County of Hawaii Planning Department 101 Pauahi Street Suite 3 Hilo, Hawaii 96720 Attention: Mr. Norman Hayashi Ladies and Gentlemen: Subject: State Land Use Boundary Amendment Application (SLU 09- 000023) Change of Zone Application (REZ 09- 000109) Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR), Land Division distributed or made available a copy of your report pertaining to the subject matter to DLNR Divisions for their review and comment. Other than the comments from Engineering Division, the Department of Land and Natural Resources has no other comments to offer on the subject matter. Historic Preservation will be submitting comments through a separate letter. Should you have any questions, please feel free to call our office at 587 -0433. Thank you. Sincerely, etta-ePAS2 0/ orris M. Atta Administrator Planning ept. FSHC .A 1 - Exhibit DEC `i 4 , t 6 • „� F„ "M LAURA H. THIELEN P,.•' '•+ y- CHAIRPERSON LINDA LINGLE .,/ �\Illllii9 ° ' • 9 .. nm BO ARD Or LAND AND NA AL RESOURCES GOVERNOR OF HAWAII � WVY�/ \ l COMMISSION ON WATER RESOURCE MANAGEMENT TRx'\ .la` ��i1' I ff.` ...- . o f h and and A, c�rsrxiiipQ e c*. d ,, rrill -a 7- STATE OF HAWAII o � �°.� DEPARTMENT OF LAND AND NATURAL RESOURCES j� LAND DIVISION St ate ofHav+i POST OFFICE BOX 621 HONOLULU, HAWAII 96809 I November 3, 2009 MEMORANDUM r„ > TO DLNR Agencies: e ra '` Q olo x Div. of Aquatic Resources - ,3 ; Hid: ooating &"aeRecreation > > :; Engineering Division r ,: ;v : o � Biro° Fo try &wildlife =c)po CD Div. of State Parks co , , x Commission on Water Resource Management — r Office of Conservation & Coastal Lands rcl LI Land Division — n; * AgLea ;:-. FROM: , 4 ' orris M. Atta SUBJECT: State Land Use Boundary Amendment and Change of Zone Application LOCATION: Island of Hawaii APPLICANT: Pua Mauka Development, LLC Transmitted for your review and comment on the above referenced document. We would appreciate your comments on this document. Please submit any comments by November 25, 2009. If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request, please contact my office at 587 -0433. Thank you. Attachments ( ) We have no objections. ( ) We have no comments. ( )‹ ) Comments are attached. Signed: 1 Date: j M,1 e' fi e DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/MorrisAtta Ref.: ChangeZoneAg2Urban Hawaii.459 COMMENTS () We confirm that the project site, according to the Flood Insurance Rate Map (FIRM), is located in Flood Zone (X) Please take note that the project site, according to the Flood Insurance Rate Map (FIRM), is located in an area of Minimal Tsunami Inundation (Panel No. 1551661800C, Not Printed, Firin Index Date: April 2, 2004). The National Flood Insurance Program does not have any regulations for developments within the Minimal Tsunami Inundation areas. () Please note that the correct Flood Zone Designation for the project site according to the Flood Insurance Rate Map (FIRM) is . () Please note that the project must comply with the rules and regulations of the National Flood Insurance Program (NFIP) presented in Title 44 of the Code of Federal Regulations (44CFR), whenever development within a Special Flood Hazard Area is undertaken. If there are any questions, please contact the State NFIP Coordinator, Ms. Carol Tyau -Beam, of the Department of Land and Natural Resources, Engineering Division at (808) 587 -0267. Please be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your Community's local flood ordinance may prove to be more restrictive and thus take precedence over the minimum NFIP standards. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP Coordinators below: () Mr. Robert Sumitomo at (808) 768 -8097 or Mr. Mario Siu Li at (808) 768 -8098 of the City and County of Honolulu, Department of Planning and Permitting. () Mr. Kelly Gomes at (808) 961 -8327 (Hilo) or Mr. Kiran Emler at (808) 327 -3530 (Kona) of the County of Hawaii, Department of Public Works. () Mr. Francis Cerizo at (808) 270 -7771 of the County of Maui, Department of Planning. () Mr. Mario Antonio at (808) 241 -6620 of the County of Kauai, Department of Public Works. () The applicant should include water demands and infrastructure required to meet project needs. Please note that projects within State lands requiring water service from the Honolulu Board of Water Supply system will be required to pay a resource development charge, in addition to Water Facilities Charges for transmission and daily storage. () The applicant should provide the water demands and calculations to the Engineering Division so it can be included in the State Water Projects Plan Update. (X) Additional Comments: We do not have any objections to the request to change Zoning from Agriculture to Urban for TMK: (3) 9- 2- 082:002. () Other: Should you have any questions, please call Ms. Suzie S. Agraan of the Planning Branch at 587 -0258. 1 Signed: /:A 1 CAR J HAN/ CTING CHIEF ENGINEER Date: 1 E. OF LAURA H. THIELEN CHAIRPERSON c ' 5 s 4 ; LINDA LINGLE 9 p }'° 0 1I/ p \, , , `` BOARD OF LAND AND NATURAL RESOURCES GMT; "5ROF HAWAII `II t ;' , ; (lf , y Ire I / ^ W /,/ ` y ` ' CObf iLSS IONON WATER RESOURCE MANAGEMENT tii4TROV �,'� 'te / t i of v eld and Nary fc a . :I }' { � ` 9 4u�r STATE OF HAWAII rY DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION st ate of NaN POST OFFICE BOX 621 HONOLULU, HAWAII 96809 December 4, 2009 County of Hawaii Planning Department 101 Pauahi Street Suite 3 Hilo, Hawaii 96720 Attention: Mr. Norman Hayashi Ladies and Gentlemen: Subject: State land Use Boundary Amendment Application (SLU 09- 000023) Change of Zone Application (REZ 09- 000109) Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR), Land Division distributed or made available a copy of your report pertaining to the subject matter to Division of Aquatic Resources for their review and comment. The Department of Land and Natural Resources has no other comments to offer on the subject matter. Should you have any questions, please feel free to call our office at 587 -0433. Thank you. Sincerely, (A orris M. Atta dministrator r P <E .,'- LAURA H. THIELEN A • °F.hq_ CHAIRPERSON LINDA LINGLE rl9 ` ` ` \ \IIIII/i .' ' BOARD OF LAND AND NATURAL RESOURCES COVE':' i,R OF HAWAII / Wig COMMISSION ON WATER RESOURCE MANAGGN¢Ni' 4 2. . AQUATIC ] ',.4 I - vf: U tz RESOURCES: 7 7 o` �3Dd and H atp , '� � 4 ®'pp•bs " DIRECTOR — tc`a� F rc, FISH , COMM . . i /1-vii `; STATE OF HAWAII AQ RES /ENV , - _ DEPARTMENT OF LAND AND NATURAL RESOURCES AQ REC 11 LAND DIVISION PLANNER STAFF SVCS ' St ate ofHasi" POST OFFICE BOX 621 RCUH/UH Ii HONOLULU, HAWAII 96809 I STATISTICS November 3, 2009 EDUCATION AID EDUCATION SECRETARY MEMORANDUM OFFICE SVCS TECH ASST 1 - R les: �`° qua �`� '�� ` ' genc x Div. of Atic Resources _ Return to: _Div. of Boating &- coati Recreation No. Copies t x E ngi neering Division Dueler Date: NOV 4 . tj Due Date: Div. of Forestry & Wildlife Q Cl _Div. of State Parks i'v It,/ 4 , ii x Commission on Water Resource Management _Office of Conservation & Coastal Lands z CA v r- _ Land Division - —4= OaalkiL, r c) , , 4.% ■; FROM: , '� + orris M. Attar - SUBJECT: State Land Use Boundary Amendment and Change of Zone atio i.:13 PI LOCATION: Island of Hawaii =m 2 APPLICANT: Pua Mauka Development, LLC re o to Transmitted for your review and comment on the above referenced document. We would appreciate your comments on this document. Please submit any comments by November 25, 2009. If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request, please contact my office at 587 -0433. Thank you. Attachments () We have no objections. - We have no comments. ( ) Comments are attached. e Signed: ,I , Gt„�t1.� Date: 2_ : 100U Z ^� LINDA LINGLE CHIYOME L. FUKINO, M.D. GOVERNOR i ti ` Director of Health i.� {1969 1 �- Pt fii i F , i 1t � s 075R-f-4` i ®! c V DEC « 1 Ali >O: 06 STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721 -0916 MEMORANDUM DATE: November 23, 2009 TO: Bobby Jean Leithead Todd Planning Director, County of Hawaii FROM: Newton Inouye '- Acting District Environmental Health Program Chief SUBJECT: State Land Use Boundary Amendment Application (SLU 09- 000023) Request: Agricultural to Urban Change of Zone Application (REZ 09- 000109) Request: A -la to MCX -3a Applicant: Pua Mauka Development, LLC Tax Map Key: 9 -2 -82:2 The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements, please contact our Clean Air Branch staff at Ph. 933 -0401. The Department of Health's Safe Drinking Water Branch authority on drinking water quality is based on the definition of a "public water system." A "public water system" means a system which provides water for human consumption through pipe or other constructed conveyance if such system has fifteen (15) service connections or regularly serves an average of at least twenty -five (25) individuals daily at least sixty (60) days out of the year. All public water systems are regulated by the Department of Health and shall be in compliance with the Hawaii Administrative Rules, Title 11, Chapter 20. Recommend the subdivision lots be connected to an existing public water system. Concerns on water quality for lead, copper, algae and microbiological and chemical contaminations in private water systems have identified the need for self monitoring. The Department of Health does not support the use of these private rain catchment systems for drinking purposes since the quality may not meet potable water standards. SCANNED IR 0 1. 2009 Planning Dept. 5 8 5 5 8 ------- Exhibit /0 • { BJ Leithead Todd Page 2 of 4 November 23, 2009 The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on November 2, 2009. The CWB has reviewed the limited information contained in the subject document and offers the following comments: 1. The Army Corps of Engineers should be contacted at (808) 438 -9258 for this project. Pursuant to Federal Water Pollution Control Act (commonly known as the "Clean Water Act" (CWA)), Paragraph 401(a)(1), a Section 401 Water Quality Certification (WQC) is required for "rainy applicant for Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters... ". The term "discharge" is defined in CWA, Subsections 502(16), 502(12), and 502(6); Title 40, Code of Federal Regulations, Section 122.2, and Hawaii Administrative Rules (HAR), Chapter 11 -54. 2. In accordance with HAR, Sections 11 -55 -04 and 11 -55- 34.05, the Director of Health may require the submittal of an individual permit application or a Notice of Intent (NOI) for general permit coverage authorized under the National Pollutant Discharge Elimination System ( NPDES). a. An application for an NPDES individual permit is to be submitted at least 180 days before the commencement of the respective activities. The NPDES application forms may also be picked up at our office or downloaded from our website at: http:// www. hawaii.gov/health/environmental /water /cleanwater /forms /indi v- index.html. b. An NOI to be covered by an NPDES general permit is to be submitted at least 30 days before the commencement of the respective activity. A separate NOI is needed for coverage under each NPDES general permit. The NOI forms may be picked up at our office or downloaded from our website at: http:// www. hawaii.gov /health/environmental /water /cleanwater /forms /genl -index.html. i. Storm water associated with industrial activities, as defined in Title 40, Code of Federal Regulations, Sections 122.26(b)(14)(i) through 122.26(b)(14)(ix) and 122.26(b)(14)(xi). [HAR, Chapter 11 -55, Appendix B] ii. Construction activities, including clearing, grading, and excavation, that result in the disturbance of equal to or greater than one (1) acre of total land area. The total land area includes a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under a larger common plan of development or sale. An BJ Leithead Todd Page 3 of 4 November 23, 2009 NPDES permit is required before the commencement of the construction activities. [HAR, Chapter 11 -55, Appendix C] iii. Discharges of treated effluent from leaking underground storage tank remedial activities. [HAR, Chapter 11 -55, Appendix D] iv. Discharges of once through cooling water less than one (1) million gallons per day. [HAR, Chapter 11 -55, Appendix E] v. Discharges of hydrotesting water. [HAR, Chapter 11 -55, Appendix F] vi. Discharges of construction dewatering effluent. [HAR, Chapter 11 -55, Appendix G] vii. Discharges of treated effluent from petroleum bulk stations and terminals. [HAR, Chapter 11 -55, Appendix H] viii. Discharges of treated effluent from well drilling activities. [HAR, Chapter 11 -55, Appendix I] ix. Discharges of treated effluent from recycled water distribution systems. [HAR, Chapter 11 -55, Appendix J] x. Discharges of storm water from a small municipal separate storm sewer system. [HAR, Chapter 11 -55, Appendix K] xi. Discharges of circulation water from decorative ponds or tanks. [HAR, Chapter 11 -55, Appendix L] 2. In accordance with HAR, Section 11- 55 -38, the applicant for an NPDES permit is required to either submit a copy of the new NOI or NPDES permit application to the State Department of Land and Natural Resources, State Historic Preservation Division (SHPD), or demonstrate to the satisfaction of the DOH that the project, activity, or site covered by the NOI or application has been or is being reviewed by SHPD. If applicable, please submit a copy of the request for review by SHPD or SHPD's determination letter for the project. 3: Any discharges related to project construction or operation activities, with or without a Section 401 WQC or NPDES permit coverage, shall comply with the applicable State Water Quality Standards as specified in HAR, Chapter 11 -54. Hawaii Revised Statutes, Subsection 342D -50(a) requires that "[n]o person, including any public body, shall discharge any water pollutants into state waters, or cause or allow any water pollutant BJ Leithead Todd Page 4 of 4 November 23, 2009 to enter state waters except in compliance with this chapter, rules adopted pursuant to this chapter, or a permit or variance issued by the director." If you have any questions, please contact Ms. Joanna Seto, Supervisor of the Engineering Section, CWB, at (808) 586 -4309. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11 -46, "Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on -site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Depaitnient of Health at 933 -0917. The Department of Health does not have any objections to the proposed change in land uses. However, existing or planned land use activities adjacent to the proposed residential area should be compatible with a residential neighborhood. We recommend that you review all of the Standard Comments on our website: http:// hawaii .gov /health/environmental/env- planning /landuse /landuse.html. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers, planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. WORD:SLU 09- 000023.my O F LINDA LINGLE PEE ?w= GOVERNOR . e;' 95 g .• BRENNON T. MORIOKA t i �i t,. `•: :` DIRECTOR f f 7 '� p Deputy Directors L7 c t •�•;• ,� � ; p , MICHAEL D. FORMBY n *' �' o- Q`"'••- -• "'' `' FRANCIS PAUL KEENO 70 T ' ' ° ( f i U BRIAN H. SEKIGUCHI STATE OF HAWAII JIROA. SUMADA DEPARTMENT OF TRANSPORTATION IN REPLY REFER TO: 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813 -5097 HWY - 2.3985 December 4, 2009 Ms. B.J. Leithead -Todd, Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 -4224 Dear Ms. Leithead -Todd: Subject: State Land Use Boundary Amendment Application (SLU 09- 000023) Request: Agricultural to Urban Change of Zone Application (REZ 09- 000109) Request: A-la to MCX-3a Applicant: Pua Mauka Development, LLC TMK: (3) 9 -2 -82:2 Location: Kahuku, District of Kau, Island of Hawaii Thank you for consulting with us on the subject application request. We have the following comments: 1. The proposed development consisting of three (3) mini self storage warehouse buildings in itself will not adversely impact our State highway facilities. We have no objections to the applicant's request subject to the following conditions: Applicant needs to submit a short traffic assessment report analyzing and discussing the existing and future conditions at the intersection of Hawaii Boulevard with Hawaii Belt Road including adjacent intersections along Hawaii Belt Road. The traffic report should also analyze and discuss whether or not the largest vehicle that will be utilizing the storage warehouse will be able to satisfactorily maneuver in and out at the Hawaii Boulevard/ Hawaii Belt Road intersection. Pertinent roadway mitigation measures (if necessary) at the Hawaii Boulevard/Hawaii Belt Road intersection should also be incorporated to the traffic assessment report. Planning Dept. Exhibit r,.rNr.�,,,., Ms. B.J. Leithead -Todd, Director HWY -PS Page 2 2.3985 2. We suggest that the County (a) monitor the increase of piecemeal development, land use changes and re- subdivision of agricultural lots in the area (b) consider developing a plan and requiring applicants /developers and homeowners to participate in cost for implementing necessary roadway mitigation measures to our State highway facilities. If there are any questions, please contact Ken Tatsuguchi, Head Planning Engineer, Highways Division, at (808) 587 -1830. Ve t yours, BRENNON T. MORIOKA, Ph.D., P.E. Director of Transportation • IN L LINDA GLE ,.E q 3 IN R �n 9 59 BRENNON T. MORIOKA e: M t r bi DIRECTOR 3 s . I Deputy Directors !!! =� \•.' < r p MICHAEL D. FORMBY 4 �Pe_p:G�;p a c�� ! it FRANCIS PAUL KEENO BRIAN H. SERIGUCHI STATE OF HAWAII JIROA.suMADA DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET IN REPLY REFER TO; HONOLULU, HAWAII 96813 -5097 HWY -PS 2.6148 August 11, 2010 II sl it Ms. BJ Leithead Todd, Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 -4224 Dear Ms. Leithead Todd: Subject: State Land Use (SLU) 09- 000023, Change of Zone REZ 09- 000109 Traffic Assessment, New Storage Facility, Pua Mauka Development, LLC Hawaiian Ocean View Estates, Kahuku, Kau, Hawaii, TMK: (3) 9 -2- 082:002 We understand that the proposed storage facility will consist of 3 buildings containing 63 storage units and one office with a total floor area of 7,500 square feet representing phase 1. A second phase tentatively scheduled for 2015 or later would construct a 10,000 square foot warehouse /retail building. The facility will access Hawaii Boulevard which then accesses Hawaii Belt Road. The assessment (dated February 11, 2010) does not propose any improvements. For Phase 1, the traffic assessment is satisfactory in satisfying our concerns. For Phase 2, the assessment is not satisfactory due to the lack of information regarding assumptions and calculations to support the conclusion. However, if Phase 2 is solely a warehouse similar to Phase 1 in purpose, we will accept the assessment as written. We anticipate that the development will not significantly impact the Hawaii Belt Road and Hawaii Boulevard intersection or Hawaii Belt Road, our State facility. Unanticipated traffic problems attributable to the facility's operation, if any occur, must be remedied in a timely manner at the request of the Highways Division, Hawaii District Engineer, at the developer's expense. SCANNED AUG 121010 : Jj4551 3 g 1 Ms. BJ Leithead Todd Page 2 HWY -PS 2.6148 1I I I If there are any questions, please 1 I (808) 587-1830. Please reference e review number 09-442 u1 Head Planning Engineer, at regarding these comments. mall contacts and correspondence 1 I Very truly yours, !� ( 1 ' ii I BRENNON T. MORIOKA, Ph.D., P.E. Director of Transportation c: James Sogi, Law Hawaii, LLC q t KONA WAI ENGINEERING, LLC Wastewater Design ♦ Civil Engineering • Project Management f,: E T P.0.8ox 4481 Kailua -Kona HI 96745 Ph (808) 329 -5272 Fax (808) 325 -7966 steve @konawaiengineerind . ) . v December 15, 2009 Planning Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, HI 96720 Re: Change of Zone Application ( REZ 09- 000109) Applicant: Pua Mauka Development, LLC TMK: 9 -2 -082: 002 Please find attached Solid Waste Management Plan prepared by this office at the request of Mr. Clifford Harrell, Managing Member of Pua Mauka Development LLC. Preparation of this Plan is in response to the Department of Environmental Management Memorandum dated November 5, 2009 that requests the preparation of a Solid Waste Management Plan as a condition of the Change of Zone Application. Should your office or the Department of Environmental Management have any questions regarding this submittal, please feel free to contact this office at anytime. Sincerely, f ,/►fir ;I 6 Planning Dept. Exhibit /2 . encl. M: cc: Mr. Clifford Harrell ,, f A r ; , 0 5 al 44 Hawaii Contractor ABC-4423 1 Hawaii Civil Engineer CE -1978 1 Alaska Civil Engineer PE -1589 SOLID WASTE MANAGEMENT PLAN SELF STORAGE FACILTY FOR PUA MAUKA DEVELOPMENT AT HAWAIIAN OCEAN VIEW ESTATES KAU, HAWAII COUNTY OF HAWAII (3) 9 -2 -082: 02 co LICENSED PROFESSIONAL ENGINEER NO. 1978 -C THIS WORK HAS BEEN PREPARED BY ME OR UNDER MY SUPERVISION, AND CONSTRUCTION OF THIS PROJECT WILL BE UNDER MY OBSERVATION. _ L DATE: 4C4 I. 200 STEPHEN J. HERBERT, P.E. KONA WAI ENGINEERING, LLC P.O. BOX 4481 KAILUA -KONA, HI 96745 SOLID WASTE MANAGEMENT PLAN FOR SELF STORAGE FACILITY AND WAREHOUSE TMK (3) 9 -2 -082: 002 A. PROJECT DESCRIPTION Pua Mauka Development plans for Phase 1 of this property consist of three self storage buildings with a total of 63 rental units and one office space for a total floor area of 7,500 square feet.. Phase 2 will consist of a warehouse /retail building with a total floor area of 10,000 square feet. B. WASTE STREAM DESCRIPTION The two categories of solid waste to be generated at this facility are Construction Waste and Operational Waste. 1. Construction Waste — Waste generated by construction will be minimal as all of the buildings will be of prefabricated steel components erected on concrete slabs on grade. The principal components of waste will be the disposal of crating and pallet materials used in delivery of the steel components and a small amount of lumber cut too short to be reused as form material on other projects. A small amount of insulation cut -off material will also be disposed. The Developer's construction consultant estimates the total construction waste at 3 tons for Phase 1 and 5 tons for Phase 2. 2. Operational Waste — Waste generated from operations will consist of items disposed of by Rental Unit tenants and the hourly and management employees on the site. The probable number of employees at build out of Phase 1 is eight persons. The probable number of employees at build out of Phase 2 is twenty five persons. a According to the Final Environmental Impact Statement — Construction and Operation of the West Hawaii Regional Sort Station, County of Hawaii, February, 2004, "...the average person generates approximately 6.2 Ibs of waste per person per day of solid waste ". For this project it is reasonable to assume that an employee in an office or retail space would not generate more than two pounds of operational solid waste per day, or 30% of the Environmental Impact daily quantity. Based on this assumption, the total solid waste generated by thirty three employees would be 66 Ibs per day, or 5 tons per year based on 150 working days per year. 2. Operational Waste — continued b. Managers of other self storage facilities in West Hawaii report that waste generated by Rental Unit tenants is collected by commercial trash haulers, except for bottle and can re -cycle containers that are maintained by the management. On average, a 6 cubic yard trash bin, hauled out once a month, meets the disposal requirements of 300 self storage units, with an occasional "surprise" when a tenant's lease is cancelled. The estimated unit weight of disposed materials in a self storage facility is 20 Ibs per cubic foot. A 6 cubic yard trash bin would collect 3,200 pounds over a thirty day period from 300 self storage units, or roughly 0.35 pounds per rental unit per day. Based on the foregoing, the operational waste from 63 rental units would be 22 pounds per day, or 3.3 tons per year based on 300 days of operation per year. c. The total operational waste generated at build out is 8.5 tons per year. C. MAKE UP OF WASTE STREAM Solid waste from this facility will fall into the following broad categories: Waste % of Product Waste Stream Paper 35 yo Cardboard 10 % Food Waste 1 % Plastic (beverage containers)* 2 % Metals (beverage cans)* 2 % Glass (bottles) 10 % Organic waste 1 % Inorganic waste 39 % Total 100 % * Assumes effective recycling by site management Note: Green waste is not considered because of the very low rainfall in the HOVE / Kau area. C. MAKE OF WASTE STREAM (cont.) The following table lists the amount of waste by category, percentage of Waste stream and Tons of waste per year: Waste % of Tons of Waste Product _ Waste Stream per Year _ Paper 35 % 2.975 Cardboard 10 % 0.850 Food Waste 1 % 0.085 Plastics 2 % 0.170 Metals 2 % 0.170 Glass 10 % 0.850 Organic 1 % 0.085 Inorganic 39 % 3.300 Total 100 % 8.500 E. SOLID WASTE REDUCTION The rental unit tenants will be encouraged to reduce solid waste disposal as a matter of economics and convenience. From the economic approach, tenants will be advised that a portion of their rent includes rubbish haul out. If the system is abused, their rent will be increased, or their rental contract could be terminated. From a convenience approach, trash drums will be readily accessible to tenants. Site management will transfer the contents of the trash drums to commercial rubbish haul off containers. Receptacles for recyclable beverage and metal containers will be placed at the entries to each building. F. TRANSPORTATION Transportation of solid waste will be by contract with commercial rubbish contractors who will dispose of the waste at County of Hawaii landfill sites. Recyclable containers will be taken to the recycling center on Pawaii Place in Kona by contract carriers. G. CONCLUSION The Pua Mauka project is estimated to generate approximately 8.5 tons per year of solid waste. However, it is the intention of the developer and management to reduce this estimate to less than 5 tons per year through vigorous recycling efforts and effective security of the premises. Pua l /Iauka Development :I'' 1'�.. of HAWAII 211,19 fiFf 17 1 3: 13 , P O.Box 880507 Pukalani, "HI 96788. December ,16,.2009 ( . Bobby�Jean Lerthead Todd `-- ' - Planning Director - County ofHawaii' 101 Paliihi Street, Suite 3� 'Hi1o,1lawaii 96720. _ ' Re Change of Zone Application (RE / TMK'9 -2- 082:002 I wisbi to acknowledge receipt of the State -of Hawaii, Department of Iealth letter. of. , I ' NovenberT23, 2009, subject above: , , ' proposed activities related to the Change of Zone: Application ,wilI be done iii -- - 1 ' - nfor a.rice with the requi errients listed the Clean Air. Branch, the Safe Drinking Water - Branch and the Clean Water ,Branch. ! With respect to proposed water systems, catchments will provide irrigation an d . f i re protection Water only. Potabtle water for employees and customers will be available in the manages ent offices, With respect to the Clean Water act, the site development will he less than one acre an ' not subject to an NPDES permit. Should you have any questions regarding the above, please feel; free to contact me at anyriih e F Thank you for your assistance in processing;tlns Application. fford VV. are ll °- - _- Managing Member S . Phone: 808- 929 -851 - a Cell: 808-443-6206 Fax: 808-929-ii )7J puamacka@msn.com - pLAV:!!,3 cf:113N pf James Sogi, Attorney at Law rig FER 5 1: 28 TRANSMITTAL To Hawaii County Planning Dept Attn: Jeff Re Pua Mauka Development LLC SLU 09-000023 REZ 09-000109 Date: February 22, 2010 Message: Jeff, Enclosed is the supplemental traffic study you requested. If this is sufficient, please set the matter for public hearing. Thanks. James Sogi From the desk of... James Sogi SCANNED I 75-170 Hualalai Rd D120 Kailua Kona HI 96740 mid 6 l 1 (808) 329-5672 Isogi@hawaiisr.com By: -) 1 11 4 } { pm 3 . r TRAFFIC ASSESSMENT REPORT RELATED TO CHANGE OF ZONE APPLICATION (REZ 09- 000109) i AND NEW SELF STORAGE FACILITY j IN H.O.V.E. SUBDIVISION KAHUKU, KAU, HAWAII COUNTY OF HAWAII (3) 9 -2 -082: 002 C �N J 11 ,1-`:\ � a L ? �'I /1 V THIS WORK HAS BEEN PREPARED BY ME OR UNDER MY SUPERVISION, AND CONSTRUCTION OF THIS PROJECT WILL BE UNDER MY OBSERVATION. a ,I ,� ` .. +. .:,./ AL.( lir DATE: Pte-R) l 2 6 ( O . STEPHEN J. HERBERT, P.E. KONA WAI ENGINEERING, LLC P.O.BOX 4481 KAILUA -KONA, HI 96745 IE TRAFFIC ASSESSMENT REPORT Purpose The purpose of this report is to analyze the effect that a new storage facility and warehouse at the intersection of Hawaii Boulevard and the Hawaii Belt Road in Kau may have on traffic on each roadway and adjacent intersections. Additionally, this report will address the adequacy of the project entrance to accommodate maneuvering of the largest vehicles anticipated to access the site. Proposed Development 1. Protect Description - Phase 1 of this project will consist of three self storage buildings with a total of 63 rental units and one office space for a total floor area of 7,500 square feet. The estimated construction date for Phase 1 is the first quarter of 2011. Phase 2 will consist of a warehouse /retail building with a floor area of 10,000 square feet. The Phase 2 construction is not scheduled until 2015. 2. Site Description - The 3.18 acre site was cleared, grassed and fenced with stone walls by a former owner and has been well maintained. The South property line adjoins the Hawaii Belt Road for a distance of 813 feet. The East property line adjoins Hawaii Boulevard at the intersection with Hawaii Belt Road. See Tax Map — Exhibit A. 3. Roadways - Hawaii Boulevard is fully paved at the vertical stub of the intersection with the Hawaii Belt Road. The pavement is 22 wide. See Site Photos 1 & 2 — Exhibit C 4. Access — The proposed paved driveway into the site will be as shown on the Site Plan. See Exhibit B. The driveway will have a 25 foot radius at the edge of paving that will tie to a 16 foot wide gravel roadway at the stone entry columns. The driveway will accommodate single axle commercial vehicles with an A.A.S.H.T.O. designation S.U. The self storage facility will feature a one way drive thru system so that maneuvering of vehicles will not be required. The remainder of the lot exceeds two acres with a single 10,000 sf warehouse proposed for Phase 2. Again maneuvering of vehicles should not present any problems. Effect on Traffic 1. Local Traffic on Weekdays — The anticipated traffic flow generated by this facility is very low. From the Institute of Traffic Engineers (ITE), Land Use Code 151, the traffic generator count for mini - warehouses is 2.61 vehicles per 1000 square feet. For this 7,500 sf facility, the weekday traffic count would be 20 vehicles per day with a probable distribution of 8 vehicles in the mornings and 12 vehicles in the afternoons. The peak flow in the mornings is estimated at 2 vehicles per hour, while the peak flow in the afternoons is estimated at 4 vehicles per hour. 1 i 2. Local Traffic on Weekends — Using the ITE formulas for Saturday traffic, the vehicles per day rate is reduced to 19 vehicles, however the peak hour afternoon flow increases to 5 vehicles per hour. Assuming a worst case scenario of 6 vehicles per hour with fifty percent of the vehicles entering the access road and fifty per cent leaving the access road, and assuming further, that each of these movements will turn left fifty percent of the time and right fifty percent of the time, it is estimated that only two repetitive turns on the Hawaii Belt Road will be made each hour 3. Traffic Effect of Future Warehouse — The construction of the 10,000 sf. warehouse to be built in 2015 will add to the traffic flow on Hawaii Boulevard and the Hawaii Belt Road.. The estimated effect on traffic at Hawaii Belt Road will be an increase from two repetitive turns per hour to five repetitive turns per hour. Roadway Mitigation 1. The photo exhibits show that the paving on Hawaii Boulevard is in good condition with appropriate signage and striping. The stop bar and edge of paving white line show some wear and tear and should be repaired by the State of Hawaii Transportation Department back to the property line, but do not now pose a hazard to traffic. The line of sight to the left and right of the Hawaii Boulevard intersection exceeds 800 feet. Executive Summary The Pua Mauka mini and standard warehouse development project will have a minor effect on traffic at the intersection of Hawaii Boulevard and the Hawaii Belt Road. The increased traffic will have no effect on adjacent intersections that are located more than 1000 feet from Hawaii Boulevard. It is my opinion that no provision has to made for acceleration, deceleration or safe harbor turning lines. THIS WORK WAS PREPARED BY ME OR UNDER MY SUPERVISION N Q� � J. HF�<P U LICENSED 2 . \ PROFESSIONAL ENGINEER NO. 1978 -C / d S ep % e n . r bert P.E. License Expiration 4/30/10 Encl. Exhibits 2 LIST OF EXHIBITS EXHIBIT A - TAX MAP EXHIBIT B - SITE PLAN EXHIBIT C - SITE PHOTOS 1 - 3 i • • • A'1- .1 T e„7 \ LiIAU / [OR /VE l v ss• ).F•. .. .A.. ., r " J >r W.... q" " a.a..Y :A. O a O O " O O " p r.., M d ;aA t a 1 . r i ZZ t +a SCR Ys 13 3 404. . Y Y. 1+ • 44..... to dw es AA c hne// 1t ' . l `� a 0 d y h rish.p -H/. A L R.b. N.r.. * . v 0 Z ..r . . ..x.nsi.,. c -.vr O + t b y b fi • k E y 1 Y • t N 1 - ` e °` ; d U i S p 21 9at • \ y • • 1 0. • ' Hei6xd !tl Bar VA. C t = j 1 • •ice . �4 ••w. 1 •.• • • t ` e b r }0. • mama 0 4:51 KV ✓'. Jr r ' • ✓,.,, •• 1 ... X4.0. w \ t • i i. . _AA,. N. - .....1 s .. 41 4 O ,,.• Ti's /r '" t _ .. - ...... © Ai', • t ^ •• Aw•aaM At 4ar7.M r re0..A4v 0..yr M 1' : Y Y i r0 6 O = e • 0 o "s a 43.04,/ "' 4403 ?I C Ar s rr/YI 3arJhri• / &VP' IS . Q • .= r • ' Max B. IC, 1 O; - " M x e. Kae.M / 7 4. OM.. 4J.OIO,r y . ....ee D.p00 • � N / - . $41444 Martin, • ' . Al Cory .A..d ®�� • -, • • e x .• f a. /yc G arks. • •y . `J ! SUBJECT PROPERTY ` ° °°° °it. -1 %. o f 0 1.J63A... YY ' t • NN 1 r O. P e '= t • 00,71001' Cl W M104 TAXATION MAPS MAIM SIM OF HAWAII T AX MAP TIIIRO 7.471010 DIY100 * ... .. Zee 9L RAT POR. HAWAIIAN OCEAN VIEW ESTATES, GA. 279!, KANU/KV, KAU, HAWAII. 'R A 730 (Formerly 9- 2- 01 -5/) 9 2 8 2 V SAN, I Ilt -NO FT. ` . EXHIBIT A Obt ly4 0 0 2 6u * A,,, bM � y g ;. 1.1_51._ � 1 ti 1, ;,: Q '• '' ; // ----------_,-) . . ,D Wig : ■ , N ¢ gS 1 % 1 ', j • y U Z o 1 1 U f 1 H • p G r Q . .. O r 1 N / . J /! ;� O N • i/ l f i Z co . 0 °G H.-- ti 46 ,ii IN _1 F g� t' €a .J ; a Q II !?a s /% y W cs RIME S , s / ,q a ,_b, N oa V 1 ° w *F, z N O C v � X 590 ct b 0 p • ' 03 A� VN a 1 . 1 v z ` � a� hP �� a 41 m ley G.. ° \t:04 P \ 00 0 vi it 1 a m x 3s gal a w • `, Z a v.% ; i % z • < ° ■ 29. i a w , 4' in w' ° ..; Z w ' s 0 Her .e ^¢ o v • • SITE PHOTOS SHEETS 1,2 &3 EXHIBIT C Hawaii Blvd towards Hwy 11 '+, x Property is right side of rock wall fi KONA WAI ENGINEERING, LLC SITE PHOTOS STEPHEN J. HERBERT, P.E. Pua Mauka Development PO BOX 4481 KAILUA -KONA, HI 96745 Cliff Harrell TELEPHONE 808. 329.5272 FAX 808.325.7966 3 -9 -2 -002: 082 4 " Looking South on Hwy 11— property on left t A s 'J +LLB j 3 y t 4 Hwy 11- front; Hawaii Blvd — corner of property d KONA WAI ENGINEERING, LLC SITE PHOTOS STEPHEN J. HERBERT, P.E. Pua Mauka Development 2 PO BOX 4481 KAILUA -KONA, 1i196745 Cliff Harrell TELEPHONE 808. 329.5272 FAX 808.325.7966 3 -9 -2 -002: 082 a 6 - r y ' ' - ____ G - 7 T �."s _. ?°- , - $" x ir 7 .,, . - :::-:-.,,,'=:.- `.: ',x ` '` ' _, i - s z h :- " / Y 1 f North on Hwy 11— Property on Right, past Hawaii Blvd right t urn KONA WAI ENGINEERING, LLC SITE PHOTOS STEPHEN J. HE RBERT, P.E. Pua Mau Development 3 P BOX 4481 KAILUA -KONA, HI 96745 Cliff Harrell TELEPHONE 808. 34u. FAX 808.32 5.7966 3 -9 -2 -002: 082 J. James Sogi Attorney at Law Law Hawaii, LLLC "t °. . -75-170 Hualalai Road, Suite D -120 • Kailua -Kona, Hawaii 96740 • • Phone (808) 329 -5672 • Fax (808) 326 -2222 • jsogi @hawaii.rr.com • September 1, 2010 County of Hawaii Planning Department 101 Pauahi St. Ste 3 Hilo, HI 96720 Re: Re Zoning Change and State Land Use Boundary Amendment SLU 09 -23 Agricultural to Urban REZ 09 -109 A -la to MCX -3a TMK: 3- 9- 2 -82 -2 Applicant: Pua Mauka Development, LLC Dear Director, At this time there is no plan to extend use beyond the current application for self storage. There will be no Phase 1I and no further development is planned or requested at this time. 1 hope that answers your letter of August 25, 2010 and the DOT comment that the supplemental traffic study is sufficient for warehouse use. I trust that you may now proceed to the public hearing. Thank you. Yours truly, mes Sogi cc: Pua Mauka Development SCANNED sFii6 7 6 5 77 1 BY: couriY i // g jjpp 2tB7 NOV 20 PM 3: Planning Department November 16, 2009 County of Hawaii 101 Pauahi St., Hilo, Hawaii 96720 Dear Officers: We are in receipt of a notification from James Sogi, Esq., regarding zoning request From Agricultural to Urban One Hawaii Blvd., Ocean View, Hawaii. We own Lot 92082013. While we are in favor of progress, we are concerned about upcoming traffic Problems and problems related to security of homes in the area. We would Appreciate you giving these two issues serious consideration when deciding On this zoning request. If possible, we would appreciate knowing of your decision in the case. With a preciation, L o usaan th 1462 Glengarry Road Pasadena, CA 91105 Planning Dept. Exhibit / 3 SCANNED NOV 24 2009 • RPuaMauka- SLU.jwd 10 -22 -10 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION PUA MAUKA DEVELOPMENT, LLC STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 09- 000023) Upon careful review of the request, the Planning Director is recommending that a favorable recommendation for the State Land Use Boundary Amendment be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. The favorable recommendation is based on the following general comments and specific findings: In the 1960's, the County approved the subdivision of Hawaiian Ocean View Estates and Hawaiian Ranchos. Hawaiian Ocean View Estates consists of about 11,000 lots, and Hawaiian Ranchos consists of about 1,200 lots. The population of these areas is growing rapidly. In the 2000 census, the Hawaiian Ocean View Census Designated Place had a population of 2178. It had more than doubled since 1990. The population within HOVE continues to grow. In 2005 -2006, building permits for 435 new homes were issued in this general area. This is more than the number of building permits for new homes issued in the districts of North Hilo, Hamakua, North Kohala, and South Kona combined in that time period. The County Planning Department favors the development of a light industrial- commercial area nearby to serve population of this area. This will give people an opportunity to have services located closer to their homes, and provide a location for service- oriented businesses. The closest town with industrial/commercial areas is Na` alehu, which is about 14 miles away by road. A number of commercial and industrial -type enterprises have been approved on Highway 11, in the vicinity of HOVE on both sides of the highway. To date, all of these have been permitted through the issuance of Special Permits by the Planning Commission. All of the land in the area is within the State Land Use Agricultural District. The nearest land in the State Land Use Urban District is located in Wai`ohinu, -1- which is about 12 miles away by road. The Special Permit route is available to the applicant, and only requires Planning Commission action, not approved by the County Council. It is not the proper use of the State Land Use law to utilize Special Permits to gradually establish a town center, permit by permit. The Special Permit is a procedure meant to accommodate unique and unusual situations that may arise in the agricultural district. It creates some flexibility in the Agricultural district, which is otherwise subject to rather limited, agricultural- related uses under the state law. But urban areas, like a commercial center, should be in the State Land Use Urban District and should be properly zoned by the county. The 2005 General Plan update expanded the urban center in this area, centered around the existing Special Permit areas. The applicant's request is consistent with the General Plan LUPAG map designation for this area, which is identified as Urban Expansion Area and the applicant is also requesting a concurrent Change of Zone from A -la to MCX -3a to develop a mini storage facility. The approval of the reclassification of the subject property from the State Land Use Agricultural to the Urban District will not be violative of Section 205 -2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. Under the Land Use Commission Rules, one of the standards for considering an area for urban reclassification states that "It shall include lands in appropriate locations for new urban concentrations and shall give consideration to areas of urban growth as shown on the state and county general plans." The property conforms to this standard as it is situated in the area designated for urban expansion in the General Plan. Additionally, there are three large commercial and/or light industrial projects, which are within 1,600 feet of this project. Lastly, the project site is situated in the Hawaiian Ocean View Estates subdivision and across from the Hawaiian Ranchos subdivision, areas that have seen a significant growth in population over the past couple of decades. Lastly, the reclassification action conforms to the goals, objectives and /or policies articulated in the Hawaii State Plan including the objective to "encourage an increase in -2- economic activities and employment opportunities on the neighbor islands consistent with community needs and desires." The reclassification action also conforms to the following goals, policies and standards of the Land Use and Economic General Plan Elements and the General Plan LUPAG Map: The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The proposed request conforms to the LUPAG Map, which designates the property as Urban Expansion Area, 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. The reclassification request would further the County's goals of providing an economic environment which allows new or existing businesses to expand and diversify the County's economic base, and also increase choice of occupations. The proposed use would be consistent with the following goals, policies and standards of the Economic, Land Use, Commercial and Industrial Elements of the General Plan. Economic Element: • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. • Economic development and improvement shall be in balance with the physical, social and cultural environments of the island of Hawaii. • Strive for diversity and stability in its economic system. • Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. -3- • Strive for an economic climate that provides its residents an opportunity for choice of occupation. • Strive for diversification of the economy by strengthening existing industries and attracting new endeavors. Land Use Element • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zone urban- and rural -types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access and public need. Commercial Element: • Provide for commercial developments that maximize convenience to users. • Urban renewal, rehabilitation, and/or redevelopment programs shall be undertaken in cooperation with communities, businesses and governmental agencies. • Distribution of commercial areas shall meet the demands of neighborhood, community and regional needs. • The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. Industrial Element: • Designate and allocate industrial areas in appropriate proportions and in keeping with the social, cultural, and physical environments of the County. -4- • Provide flexibility within the Zoning Code to accommodate emerging new industries. • Industrial - commercial mixed use districts shall be provided in appropriate locations. The applicant's request will be providing residents who live in the Hawaiian Ocean View Estates and Hawaiian Ranchos subdivisions and surrounding subdivisions more opportunities for services and employment, which will be located closer to their residence than traveling to Kona, Hilo or other towns for these services. The Urban classification conforms to the standard that the development is within reasonable proximity to centers of trading and employment except where the development would generate new centers of trading and employment. The property is in close proximity of three commercial centers previously approved by Special Permits, which provide employment and offers services to residents in the area, and conforms with the Land Use Commission Rules which encourages urban developments in close proximity to existing developments and in close proximity to existing services and facilities. Additionally, the proposed development would create a needed service and employment in this area. All utilities are or will be made available to the project site. Access to the property will be from Hawai`i Boulevard, which is a two -lane, private road that has an approximate 20 -foot wide asphalt pavement within a 60 -foot right -of -way. Hawai`i Boulevard is accessed directly from the Hawaii Belt Road. A condition of approval will be added restricting access to the property from the Hawai`i Belt Road. Water requirements necessary for sanitation and firefighting will be provided by adequate storage facilities on -site. The applicant is proposing to store approximately 18,500 gallons of water tank to meet these requirements. Solid waste will be handled through a commercial hauler. Sewage connection is proposed to be via a septic system. Utilities, including telephone and electrical services, are available to the site. The closest police and fire station is located in Na`alehu, approximately twelve (12) miles from the property. Police and fire substations are available in the immediate area. -5- While the property is within the State Land Use Agricultural and County's Agricultural (A -la) zoned district, it is not currently being used for active agricultural purposes. The project site is currently vacant and has been previously bulldozed. The property is unclassified by the State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map and the Land Study Bureau's Overall Master Productivity Rating is "E" or "Very Poor ". Thus, the reclassification of this 3 -acre area from the Agricultural to the Urban designation will not be detrimental to the reduction of this area from the agricultural land inventory in the County. An Urban classification would complement the existing and future land use patterns of the surrounding properties in view of the nearby commercial /light industrial projects and the Hawaiian Ocean View Estates and Hawaiian Ranchos subdivisions. The Urban classification conforms to the standard to include lands with satisfactory topography, drainage, and reasonably free from the danger of any flood, tsunami, unstable soil condition, and other adverse environmental effects. The Flood Insurance Rate Map (FIRM) designates the property as Zone "X ", areas outside the 500 -year flood plain. The property is located approximately 6 miles mauka of the shoreline. All project generated runoff will be disposed of on -site. Based on the above, the approval of the State Land Use Boundary Amendment from the Agricultural to the Urban District complements the State Land Use District Regulations and County General Plan and is supportive of the Hawaii State Plan. The accompanying draft bill to amend the State Land Use Boundaries Map is provided for your favorable consideration. -6- F Y • COUNTY OF HAWAII 1 .16.S�j/i•- STATE OF HAWAII BILL NO. } ORDINANCE NO. AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT KAHUKU, KA`U, HAWAII, COVERED BY TAX MAP KEY: 9 -2- 082:002. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The State Land Use Boundaries Maps for the County of Hawai`i are amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kahuku, Ka`u, Hawai`i, shall be Urban: Beginning at the Northeasterly corner of this parcel of land, being also the Southeasterly comer of Lot 21 -B -1 of this subdivision and being a point on the Westerly side of Hawaii Boulevard, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU 0 KAMAOA" being 2,932.66 feet North and 7,267.55 feet West and running by azimuths measured clockwise from True South: 1. 19° 34' 52" 222.90 feet along the Westerly side of Hawaii Boulevard to a point; Thence, following along the Westerly side of Hawaii Boulevard on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 2. 64° 34' 52" 28.28 feet to a point; 3. 109° 34' 52" 655.00 feet along the Northerly side of Hawaii Belt Road to a point; Thence, following along the Northerly side of Hawaii Belt Road on a curve to the right with a radius of 11,960.00 feet, the chord azimuth and distance being: 4. 109° 36' 02" 8.12 feet to a point; Thence, for the next six (6) courses following along the remainder of Grant 2791 to C. C. Harris: 5. 199° 35' . 117.89 feet along Lot 13 of Block 67 of Hawaiian Ocean View Estates (File Plan 738) to a point; 6. 251° 01' 30" 303.00 feet along Lot 17 of Block 67 of Hawaiian Ocean View Estates (File Plan 738) to a point; 7. 341° 01' 30" 140.00 feet along Lot 21 -A of Block 67 of Hawaiian Ocean View Estates to a point; 8. 312° 41' 30" 50.00 feet along Lot 21 -B -1 of this subdivision to a point; 9. 294° 00' 179.21 feet along Lot 21 -B -1 of this subdivision and along the remainders of Lots 21 -B and 21 -C to a point; 10. 259° 05' 155.79 feet along Lot 21 -B -1 of this subdivision and along the remainder of Lot 21 -C to the point of beginning and containing an area of 3.183 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -2- SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Il i Hilo, Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- , s , p 1 .P viss. A_'_ .00P � a 0 f N 3 10 . . N� r (P o State Land Use Classification for,'.... C � r t the full extent of this map, surrounding the l N � � , subject property, is AGRICULTURAL C, ok I. • '3 00 a ro w" 1110110 N O • 2,932.66 N CilliI 7,26 7.55W y • .-4%,---kg,,,,,,,„,• i,..e.,,,,,\. "PU'U 0 KAMA'OA" vO 9., _ 100.., 1 r ---- 4 1 Mq,I4, l et T 41 0 .4kt ` LOT 21-C -1 ^.6r AGRICULTURAL TO URBAN 3.1828 ACRES * 411111 111111p . O Alli■.. / 1 1 114 I Feet 0 500 1,000 1,500 2,000 2,500 3,000 AMENDMENT TO THE STATE LAND USE BOUNDARIES MAPS AMENDING THE STATE LAND USE BOUNDARIES MAP FOR THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT KAHUKU, KA`U, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK: 9 -2 -82:02 DATE: Aug. 3, 2009 EXHIBIT "A" RPuaMauka- REZ.jwd 10 -22 -10 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION PUA MAUKA DEVELOPMENT, LLC CHANGE OF ZONE APPLICATION (REZ 09- 000109) Upon careful review of the request, the Planning Director recommends that a favorable recommendation of the request for a Change of Zone be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: In the 1960's, the County approved the subdivision of Hawaiian Ocean View Estates and Hawaiian Ranchos. Hawaiian Ocean View Estates consists of about 11,000 lots, and Hawaiian Ranchos consists of about 1,200 lots. The population of these areas is growing rapidly. In the 2000 census, the Hawaiian Ocean View Census Designated Place had a population of 2178. It had more than doubled since 1990. The population within HOVE continues to grow. In 2005 -2006, building permits for 435 new homes were issued in this general area. This is more than the number of building permits for new homes issued in the districts of North Hilo, Hamakua, North Kohala, and South Kona combined in that time period. The County Planning Department favors the development of a light industrial - commercial area nearby to serve population of this area. This will give people an opportunity to have services located closer to their homes, and provide a location for service- oriented businesses. The closest town with industrial/commercial areas is Na`alehu, which is about 14 miles away by road. A number of commercial and industrial -type enterprises have been approved on Highway 11, in the vicinity of HOVE on both sides of the highway. To date, all of these have been permitted through the issuance of Special Permits by the Planning Commission. All of the land in the area is within the State Land Use Agricultural District. The nearest land in the State Land Use Urban District is located in Wai`ohinu, which is about 12 miles away by road. The Special Permit route is available to the A applicant, and only requires Planning Commission action, not approved by the County Council. It is not the proper use of the State Land Use law to utilize Special Permits to gradually establish a town center, permit by permit. The Special Permit is a procedure meant to accommodate unique and unusual situations that may arise in the agricultural district. It creates some flexibility in the Agricultural district, which is otherwise subject to rather limited, agricultural- related uses under the state law. But urban areas, like a commercial center, should be in the State Land Use Urban District and should be properly zoned by the county. The 2005 General Plan update expanded the urban center in this area, centered around the existing Special Permit areas. The applicant's request is consistent with the General Plan LUPAG map designation for this area, which is identified as Urban Expansion Area and the applicant is also requesting a concurrent Change of Zone from A-la to MCX-3a to develop a mini storage facility. The applicant is requesting a Change of Zone from an Agricultural 1 -acre (A -1 a) to an Industrial- Commercial Mixed -three acre (MCX -3a) zoned district for 3.183 acres of land. The applicant is also requesting a State Land Use Boundary Amendment from the Agricultural to the Urban District. The applicant proposes to develop three (3) mini storage structures totaling 7,800 square feet in size. The proposed development includes: • Three (3) one -story structures, one (1) approximately 2,000 square feet in size, one (1) approximately 2,800 square feet in size and one (1) approximately 3,000 square feet in size. There will be a total of sixty (60) storage units available. • 30 parking stalls, including handicap and loading stalls. • Private water system. The water will have to be trucked in from another area. The construction cost is approximately 1 million dollars with the completion date approximately one (1) year after all development permits are secured. In the past, the trend in the area of the Hawaiian Ocean View Estates and Hawaiian Ranchos Subdivisions has been to issue Special Permits for urban type uses in appropriate locations. These established uses include, but are not limited to, a general store, gas station, post office, hardware store, restaurants, and other types of commercial 2 and industrial uses on both sides of the Hawaii Belt Road (Highway 11) within these two subdivisions. Additionally, there have been several Special Permits approved in the vicinity of the proposed request. These include LUC Permit No. 6, which allowed the establishment of a restaurant & bar and realty office located on the property to the east across Hawaii Boulevard. Additionally, Special Permit No. 637 was approved to allow the establishment of a new hardware store, postal facility and commercial building on approximately 2 acres of land (Ocean View Town Center), which is along the highway within Hawaiian Ocean View Estates, approximately 1,600 feet east of the location of the subject property. Lastly, Special Permit No. 653 was approved to allow a variety of commercial and industrial uses, including an open storage facility, a farmer's market and all uses permitted within the Industrial- Commercial Mixed Use (MCX) zoned district (Pohue Plaza), which is along the highway within Hawaiian Ranchos, approximately 1,400 feet east of the location of the subject property. The Hawaii County Council has adopted Ordinance No. 07 -99, which amended Chapter 25 (Zoning Code), Article 2, Division 4, Hawaii County Code 1983 (2005 Edition, as amended) by adding a new section relating to concurrency conditions. The council added requirements relating to traffic impacts and water supply relative to the approval of rezonings. To determine whether road conditions are adequate in an area, the ordinance requires some rezoning applications to be accompanied by a traffic impact analysis report (TIAR). The ordinance also requires evidence that water is available for the new rezonings. If these requirements are not met, then the rezoning should not be approved or should not take effect unless improvements to traffic and water occur before the occupancy of the project. In Ordinance 07 -99, the Council addressed the issue of water in rural areas where there is no reasonable prospect of a public water system, but where the county may wish to allow some commercial and possibly light industrial rezonings to serve the growing rural population, such as the Hawaiian Ocean View Estates and Hawaiian Ranchos area. The Council added Section 25- 2- 46(n), which states "to facilitate the development of village centers in rural areas that are not currently served by a public water system, the council may waive the water supply requirements for rezonings for commercial or light 3 industrial uses in areas that do not currently have a public water system, and where the department of water supply has no plans to build a public water system, and which are (1) designated as an "urban or rural center" or "industrial area" on Table 14 -5 of the General Plan and (2) designated for urban use on the Land Use Pattern Allocation Guide Map of the General Plan; provided that conditions of zoning shall require water supply consistent with public health and safety needs such as sanitation and firefighting." The water supply necessary for sanitation and firefighting, in these circumstances, can be handled by requiring adequate storage facilities through conditions of the rezoning. As required by Section 25- 2- 46(n), the proposed request is designated as a "urban or rural center" and "industrial area" on Table 14 -5 of the General Plan and is designated for urban use on the Land Use Pattern Allocation Guide Map of the General Plan (urban expansion area/rural). The proposed Change of Zone from an Agricultural (A -la) to an Industrial - Commercial Mixed -three acre (MCX -3a) zoned district will conform to, among others, the following goals, policies and standards of the Land Use and Economic General Plan Elements and the General Plan LUPAG Map: In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implication of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. In a General Plan amendment, the Land Use Pattern Allocation Guide (LUPAG) Map was amended for the Hawaiian Ocean View Estates and Hawaiian Ranchos Subdivisions area. Hawaiian Ocean View Estates was amended from Extensive Agriculture and Orchards to Rural to recognize its residential - agricultural character. A portion of the Hawaiian Ocean View Estates and Hawaiian Ranchos Subdivisions was amended along the highway from Extensive Agriculture to Urban Expansion Area to allow additional lands to accommodate future industrial, commercial, and higher density residential uses within these locations. 4 The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The proposed request conforms to the LUPAG Map, which designates the property as Urban Expansion Area, 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. The proposed change of zone request from A -la to MCX -3a would further the County's goals of providing an economic environment which allows new or existing businesses to expand and diversify the County's economic base, and also increase choice of occupations. The proposed use would be consistent with the following goals, policies and standards of the Economic, Land Use, Commercial and Industrial Elements of the General Plan: Economic Element: • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. • Economic development and improvement shall be in balance with the physical, social and cultural environments of the island of Hawaii. • Strive for diversity and stability in its economic system. • Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. • Strive for an economic climate that provides its residents an opportunity for choice of occupation. • Strive for diversification of the economy by strengthening existing industries and attracting new endeavors. 5 • Land Use Element • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zone urban- and rural -types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access and public need. Commercial Element: • Provide for commercial developments that maximize convenience to users. • Urban renewal, rehabilitation, and/or redevelopment programs shall be undertaken in cooperation with communities, businesses and governmental agencies. • Distribution of commercial areas shall meet the demands of neighborhood, community and regional needs. • The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. The proposed request is also consistent with the following courses of action for commercial development in the Ka`u District: • Centralization of commercial activity in the communities of Pahala, Na`alehu and Ocean View and the area of the Volcanoes National Park shall be encouraged. • Do not allow strip or spot commercial development on the highway outside of the designated urban areas. 6 Industrial Element: • Designate and allocate industrial areas in appropriate proportions and in keeping with the social, cultural, and physical environments of the County. • Provide flexibility within the Zoning Code to accommodate emerging new industries. • Industrial- commercial mixed use districts shall be provided in appropriate locations. The applicant will be providing residents who live in the Hawaiian Ocean View Estates and Hawaiian Ranchos subdivisions and surrounding subdivisions more opportunities for services and employment, which will be located closer to their residence than traveling to Kona or Hilo for these services. The change of zone from an A -la to a MCX -3a zoned district will not result in a substantial adverse impact upon the surrounding area, community or region. The property is located on the mauka side of the Hawaii Belt Road at the corner of Hawai`i Boulevard and the Hawaii Belt Road. The property is approximately 3 acres in size within the Hawaiian Ocean View Estates Subdivision. The property is generally rectangular in shape and is currently vacant of any structures or uses. Surrounding properties within the Hawaiian Ocean View Estates Subdivision are approximately one acre in size and zoned Agricultural (A -la) by the County. Lands makai of Hawaii Belt Road within the Hawaiian Ranchos Subdivision that vary in size, which are zoned Agricultural (A -3a). Both subdivisions are primarily in scattered residential uses or vacant lands. The nearest dwelling is located on the adjacent property to the north on TMK: 9 -2 -82:1. Mister Bell's restaurant & bar and H. McKee Realty office are located on the property to the east across Hawai`i Boulevard. The project is well situated within the urban core for this area as designated by the General Plan. There are three (3) large commercial and/or light industrial projects that have been approved through the Special Permit process in the general area of this project. This is the central location for residents to travel for these services within this area of 7 Ka`u. Development of commercial and/or light industrial services in this area should continue to alleviate overall traffic congestion because many employees and residents who live in this area currently commute to places as far away as Kona and Hilo for work and services. All utilities are or will be made available to the project site. Access to the property will be from Hawaii Boulevard, which is a two -lane, private road that has an approximate 20 -foot wide asphalt pavement within a 60 -foot right -of -way. Hawai`i Boulevard is accessed directly from the Hawaii Belt Road. A condition of approval will be added restricting access to the property from the Hawai`i Belt Road. Based on the requirements of Ordinance 07 -99, the applicant has been required to submit a traffic report. A condition of approval will be added requiring the applicant to construct any improvements as recommended by the Department of Transportation prior to the issuance of a Certificate of Occupancy. Additionally, based on Ordinance 07 -99 the applicant is proposing to meet water requirements necessary for sanitation and firefighting by providing adequate storage facilities on -site. The applicant is proposing to store approximately 18,500 gallons of water tank to meet these requirements. A condition of approval will be added allowing the storage of water on -site meeting with the approval of the Department of Health for sanitation purposes and meeting with the approval of the Fire Department's fire -flow requirements. Additionally, a condition of approval will be added requiring the applicant to submit a Traffic Impact Analysis Report (TIAR) if any additional uses are proposed other than the mini storage facility. The applicant will submit the TIAR for review and approval by the DOT and construct any improvements as recommended by the DOT review of the TIAR. The applicant will be required to submit a solid waste management plan to the Department of Environmental Management to handle solid waste generated from the development. Sewage connection is proposed to be via a septic system. Utilities, including telephone and electrical services, are available to the site. The closest police and fire station is located in Naalehu, approximately twelve (12) miles from the property. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The Flood 8 Insurance Rate Map (FIRM) designates the property as Zone "X ", areas outside the 500 - year flood plain. The property is located approximately 6 miles mauka of the shoreline. All project generated runoff will be disposed of on -site. The property has is relatively flat and has previously been bulldozed. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The site is located mauka of the Hawaii Belt Road, is not an oceanfront property, and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access that traverses the property. No valued cultural, historical or natural resources exist on the property and there is no evidence of . any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0 Ka'Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: An archaeological field inspection of the property was conducted by Scientific Consultant Services, Inc. in September of 2005. No formal flora or fauna surveys were submitted with the application. The valuable cultural, historical, and natural resources found in the permit area: The field inspection of the property concluded that no significant historic sites were identified within the project area. In letters dated March 18, 2008 and November 5, 2009 from the Department of Land and Natural Resources - Historic Preservation Division (DLNR - SHPD), they believe no historic properties will be affected by this undertaking based on the results of the field inspection. Possible adverse effect or impairment of valued resources: Established standards and controls to manage potential negative effects should effectively limit and mitigate 9 foreseeable long -term impacts. The property does not abut the shoreline, therefore Hawaiian gathering and fishing rights is not an issue. Feasible actions to protect native Hawaiian rights. To the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights and no action is necessary to protect these rights. A condition of approval will be included to require the applicant to notify the DLNR -SHPD should any unidentified sites or remains be encountered, and proceed only upon an archaeological clearance from the DLNR -SHPD. Based on the above findings, the change of zone from Agricultural -1 acre (A- la) to Industrial - Commercial Mixed -three acre (MCX -3a) would result in an appropriate land use pattern and further benefit the general public. The accompanying draft bill to amend Section 25 -8 -28 (Ka`u District Zone Map), Article 8, Chapter 25 (Zoning Code) is provided for your favorable consideration. The proposed conditions of approval are attached to the draft bill. 10 COUNTY OF HAWAII .'= -.'� /_• ° > STATE OF HAWAII • O • BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25 -8 -28 (KA`U DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL — ONE ACRE (A -1 a) TO INDUSTRIAL- COMMERCIAL MIXED — 3 ACRES (MCX -3a) AT KAHUKU, KA`U, HAWAII, COVERED BY TAX MAP KEY: 9 -2- 082:002. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25 -8 -28, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kahuku, Ka`u, Hawai`i, shall be Industrial- Commercial Mixed — 3 acres (MCX -3a): Beginning at the Northeasterly corner of this parcel of land, being also the Southeasterly corner of Lot 21 -B -1 of this subdivision and being a point on the Westerly side of Hawaii Boulevard, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU 0 KAMAOA" being 2,932.66 feet North and 7,267.55 feet West and running by azimuths measured clockwise from True South: 1. 19° 34' 52" 222.90 feet along the Westerly side of Hawaii Boulevard to a point; Thence, following along the Westerly side of Hawaii Boulevard on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 2. 64° 34' 52" 28.28 feet to a point; -1- 3. 109° 34' 52" 655.00 feet along the Northerly side of Hawaii Belt Road to a point; Thence, following along the Northerly side of Hawaii Belt Road on a curve to the right with a radius of 11,960.00 feet, the chord azimuth and distance being: 4. 109° 36' 02" 8.12 feet to a point; Thence, for the next six (6) courses following along the remainder of Grant 2791 to C. C. Harris: 5. 199° 35' 117.89 feet along Lot 13 of Block 67 of Hawaiian Ocean View Estates (File Plan 738) to a point; 6. 251° 01' 30" 303.00 feet along Lot 17 of Block 67 of Hawaiian Ocean View Estates (File Plan 738) to a point; 7. 341° 01' 30" 140.00 feet along Lot 21 -A of Block 67 of Hawaiian Ocean View Estates to a point; 8. 312° 41' 30" 50.00 feet along Lot 21 -B -1 of this subdivision to a point; 9. 294° 00' 179.21 feet along Lot 21 -B -1 of this subdivision and along the remainders of Lots 21 -B and 21 -C to a point; 10. 259° 05' 155.79 feet along Lot 21 -B -1 of this subdivision and along the remainder of Lot 21 -C to the point of beginning and containing an area of 3.183 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25 -2 -44, Hawai`i County Code 1983 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or -2- (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- ,. r . � - �- �. .�o� N `O� Q �' • 1 .. O O O %leg OP c1 0 Ili 10 0 ,011 0 9 A -la 1 r f #410 11/01111111111111 O : ON iol 2 932 N i 7,26Z55W Z P "PU' O KAMA'OA" \10 P� • 01111111111111 111111111111111111 , ,i.,# 111 Ili T a` I A- MgMaC 10 Q q. o . CC ,? 11111111111111111114 LOT 21-C -1 * AGRICULTURAL -1 ACRE (A -1a) TOINDUSTRIAL- COMMERCIAL MIXED - 3 ACRES (MCX -3a) O 3.1828 ACRES �O CB �O J� U� a 2 1/P e00Gq /NV/4� 4e M9 i� FqO. F Feet 0 500 1,000 1,500 2,000 2,500 3,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25 -8 -28 (KAIU DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - ONE ACRE (A - 1a) TO INDUSTRIAL- COMMERCIAL MIXED - THREE ACRES (MCX - 3a) AT KAHUKU, KA`U, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK: 9 -2 -82:02 DATE: July 31, 2009 CVI.11 PfIT 11A11 ,n..,, . 1,_. CPuaMauka- SLUREZ.jwd 10 -22 -10 PUA MAUKA DEVELOPMENT, LLC CHANGE OF ZONE APPLICATION (REZ 09- 000109) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns, shall be responsible for complying with all of the stated conditions of approval. B. The applicant shall develop sufficient water storage to meet the requirements of the Department of Health and the Fire Department for sanitation and firefighting purposes for the proposed development. The water storage facility shall be completed prior to Certificate of Occupancy and kept filled with enough water to meet the applicable Department of Health and Fire Department requirements. C. Construction of the proposed development shall be completed within five (5) years from the effective date this ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25 -2 -70, Chapter 25 (Zoning Code), Hawaii County Code. D. A Traffic Impact Analysis Report (TIAR) shall be required if any additional uses are proposed other than the mini storage facility consisting of three (3) structures totaling approximately 7,800 square feet in size. The applicant will submit the TZAR for review and approval by the DOT. The applicant shall construct any improvements as recommended by the DOT review of the TZAR. The TIAR may be waived if the DOT determines that the additional uses do not warrant a TIAR. E. Access to the subject property shall be restricted to Hawai`i Boulevard. Direct access to and from the Hawai`i Belt Highway to the subject property shall be prohibited. F. The applicant shall construct all recommended improvements to the Hawai`i Belt Highway at the intersection of Hawai`i Boulevard if required by the State Department of Transportation prior to the issuance of a Certificate of Occupancy for any portion of the proposed development. G. All development - generated runoff shall be disposed of on -site and shall not be directed toward any adjacent properties. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to issuance of a construction permit. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. H. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Final Plan Approval. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources - Historic Preservation Division (DLNR -SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR -SHPD when it finds that sufficient mitigative measures have been taken. J. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawai`i County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to final plan approval for any new residential structures. K. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. L. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. M. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of enactment of the ordinance. The report shall include, but not 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 with and the Planning Director 2 acknowledges that further reports are not required. N. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non - performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant(s), its successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant(s) should require an additional extension of time, the Planning Director shall submit the applicant's request to the Planning Commission and County Council for appropriate action. T. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. 3