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HomeMy WebLinkAboutCOM 0066.000 2012-2012William P. Kenoi Mayor County of Hawai`i Office of the Mayor Walter K.M. Lau Managing Director Randall M. Kurohara Deputy Managing Director 25 Aupuni Street, Suite 2603 • Hilo, Hawai`i 96720 • (808) 961 -8211 • Fax (808) 961 -6553 KONA: 74 -5044 Ane Keohokalole Hwy., Bldg. C • Kailua -Kona, Hawai`i 96740 (808) 323 -4444 • Fax (808) 323 -4440 December 14, 2012 Honorable J Yoshimoto, Council Chair and Members of the County Council County of Hawai` i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Members: State Land Use Boundary Amendment Application (SLU 12- 000035) Request: Agricultural to Urban Change of Zone Application (REZ 12- 000157) Request: A -5a to CV -20 Applicant: Hawaiian Riverbend, LLC Tax Map Key: 6- 8- 002:portion 021 Change of Zone Ordinance No. 07 127 (REZ 678, Docket No. 90- 000012) Applicant: Waikoloa Mauka, LLC Request: Time Extension to Condition B (Final Subdivision Approval) Tax Map Key: 6 -8- 002:016 Change of Zone Ordinance No. 07 106 (REZ 655, Docket No. 89- 000009) Applicant: Elwin F. Hussey (Keanahalululu) Request: 5 -Year Time Extension to Condition C (Time to Secure Final Subdivision Approval) Tax Map Key: 5 -9- 007:007 As required by Chapter 7, Sec. 6 -7.5 (a), Hawai` i County Charter, transmitted herewith for the County Council's consideration and action are the Leeward Planning Commission's letters and enclosures regarding the above - referenced requests. William P. Kenai Mayor Enclosures cc.: Planning Department <st\s Ii-2c,> County of Hawaii fs an Equal Oppo ten 'rnvidei and Ernli! Comm. No. C4 Ref. To: Ro£ Date JA v Z 11113 1 4 N County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawai`i 96720 Phone (808) 961 -8288 • Fax (808) 961 -8742 The Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: State Land Use Boundary Amendment Application (SLU 12- 000035) Request: Agricultural to Urban Change of Zone Application (REZ 12- 000157) Request: A -5a to CV -20 Applicant: Hawaiian Riverbend, LLC Tax Map Key: 6- 8- 002:portion 021 The Leeward Planning Commission, after a duly held public hearing on November 15, 2012, voted to recommend for your approval the proposed legislative bills to change the State Land Use district from Agricultural to Urban and a Change of Zone from Agricultural — 5 acres (A -5a) to Village Commercial — 20,000 square feet (CV -20) for approximately 14.622 acres of land. The property is located on the northeastern intersection of Waikoloa Road and Paniolo Avenue, makai of the Waikoloa Stables and east of the Waikoloa Village Highlands Shopping Center, Waikoloa, South Kohala, Hawai`i. The Commission concurs with the following findings as recommended by the Planning Director: State Land Use Boundary Amendment The approval of the reclassification 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 and the County General Plan. According to the Land Use Commission Rules, one of the standards for considering an area for urban reclassification states that "In determining Hawai`i County is an Equal Opportunity Provider and Employe/ The Honorable J Yoshimoto, Chairman and Members of the County Council Page 2 urban growth for the next ten years, or in amending the boundary, land contiguous with existing urban areas shall be given more consideration than non - contiguous land, and particularly when indicated for future urban use on state or county general plans." The project area conforms to this standard as it is situated adjacent to existing Urban- designated lands to the east and south. The applicant's request to designate 14.622 acres into the Urban District reflects the infilling of Agricultural -lands within this section of Waikoloa, South Kohala, currently surrounded by Urban - designated lands. The applicant requests a concurrent Change of Zone from Agricultural (A -5a) to Village Commercial (CV -20) to develop a commercial shopping complex approximately 170,700 square foot in size. Proposed are three major anchors consisting of 20,000 square feet at the north end and two 15,000 square -foot anchors at the south end. There will be other smaller retail and /or office establishments. Although not finalized, the applicant has been in discussions with a major drug store and a hardware store. The proposed structures will be no higher than two stories, and less than 30 feet in height. The Urban District request would be consistent with the goals and polices of the Land Use element of the General Plan. The LUPAG Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses and establishes the basic urban and non -urban form for areas within the County. The project conforms to the guidelines under the Land Use element of the General Plan: • Continue the concentration of commercial uses in Waimea, Kawaihae, Waikoloa Village, and in the resort areas.... (Land Use /South Kohala/14.3.5.6.2c, Courses of Action) • Provide for commercial development that maximizes convenience to users • Encourage the concentration of commercial uses within and surrounding a central core area • Zone urban 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. The Urban District request conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map, which the Director interprets as Medium Density Urban given the existing surroundings, long - established commercial businesses, and expanding residential component. The MDU designation includes village and neighborhood The Honorable J Yoshimoto, Chairman and Members of the County Council Page 3 commercial, single- family and multiple - family residential and related functions. The project site is located in an urban -like setting adequately served by transportation, utilities, commercial establishments and other amenities to support the proposed use. The urban classification also conforms to the standard that the development is within reasonable proximity to centers of trading and employment and basic services such as schools, police and fire protection, transportation systems and water. The project site is located near the Waikoloa Village urban area, and thus conforms to the Land Use Commission Rules that encourages urban development in close proximity to existing developments, services and facilities. The project site fronts both Paniolo Avenue and Waikoloa Road. Paniolo Avenue is a County collector road with an 80 -foot right -of -way with two through -lanes in each direction fronting the property. Paniolo Avenue is improved with a planter strip, sidewalk and streetlights. Waikoloa Road is an arterial street with a 120 -foot wide right - of -way with one through -lane in each direction. There is no sidewalk along Waikoloa road fronting the property. The DPW recommends that accesses to both Paniolo Avenue and Waikoloa Road be improved and channelized within the County right -of -way, including left turn lanes and right turn/deceleration lanes and left turn refuge lanes and traffic control measures, meeting with the approval of the DPW, prior to the issuance of a certificate of occupancy. The project is also consistent with the Hawai`i State Plan, a guide for the long - range development of the State. The Plan identifies goals, objectives, policies and priorities for the State and provides a basis for the determination of policies and allocation of limited resources. The project is consistent with the plan which encourages urban developments in close proximity to existing services and facilities. Urban Districts shall include lands characterized by "city- like" concentrations of people, structures, streets, urban level of services and other related land uses. The project site is located near urban -type uses, including various retail establishments within a shopping complex, a post office, multiple - family residential areas, and a golf course. This project will expand the already established Waikoloa mauka village residential /commercial area. Water can be made available to the site. Police and fire protective services are within close proximity to the project site, as well as in Waimea. All essential utilities can be made available to the property. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. According to the Department of Public Works, the project site is located in Zone "X ", an area outside of the 500 -year flood plain. The reclassification meets the standard which states that the The Honorable J Yoshimoto, Chairman and Members of the County Council Page 4 lands included within the urban district "... shall be those with satisfactory topography and drainage and reasonably free from the danger of floods, tsunami and unstable soil conditions and other adverse environmental effects." While the project site is situated within the State Land Use Agricultural and County's Agricultural (A -5a) zoned district, it is not currently being used for active agricultural purposes. The property is unclassified under the State of Hawaii's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map and is not in agricultural use. The project site is vacant. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or "Very Poor ". Based on the above, the reclassification of 14.622 acres 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 of Hawai`i. Thus, the approval of the State Land Use Boundary Amendment from the Agricultural to the Urban District complements the State Land Use District Regulations and is supportive of the Hawai`i State Plan. The accompanying draft bill to amend the State Land Use Boundaries Maps is provided for your favorable consideration. Change of Zone The applicant requests a Change of Zone from A -5a to CV -20 to develop a commercial shopping complex approximately 170,700 square foot in size. Proposed are three major anchors consisting of 20,000 square feet at the north end and two 15,000 square -foot anchors at the south end. There will be other smaller retail and /or office establishments. Although not finalized, the applicant has been in discussions with a major drug store and a hardware store. The proposed structures will be no higher than two stories, and less than 30 feet in height. The applicant also requests a concurrent processing of a State Land Use Boundary Amendment from Agricultural to Urban. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 5 The Change of Zone request from an A -5a to a CV -20 zoned district conforms to the goals, policies and standards of the General Plan Land Use element. The property is zoned A -5a and the State Land Use designation is Agricultural. 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 and establishes the basic urban and non -urban form for areas within the County. The project conforms to the guidelines under the Land Use element of the General Plan: • Continue the concentration of commercial uses in Waimea, Kawaihae, Waikoloa Village, and in the resort areas.... (Land Use /South Kohala/14.3.5.6.2c, Courses of Action) • Provide for commercial development that maximizes convenience to users • Encourage the concentration of commercial uses within and surrounding a central core area • Zone urban 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. While the property is designated Extensive Agricultural on the General Plan LUPAG map, in this particular situation, given the existing surroundings, long - established commercial businesses, and expanding residential component, the Planning Director interprets the project site as Medium Density Urban (MDU). The MDU designation includes village and neighborhood commercial, single- family and multiple - family residential and related functions. As clearly articulated in the General Plan Land Use Element 14.1.4 (a) Standards, the boundaries identified in the LUPAG map are not meant to be exact or serve as specific boundaries between two separate LUPAG designations. The LUPAG map is not intended to be used as a tool for parcel- specific delineation of proposed land uses, and not scaled to provide such a precise degree of accuracy. As such, no street names, roads, or highways are identified on the map. In considering the merits of a request, the property's LUPAG map designation should not automatically foreclose a favorable recommendation of a change of zone, if the request conforms to, and implements the applicable policies of the General Plan. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 6 Serving as a general guide to development, the LUPAG Map is a broad brush document that identifies the uses in that particular area and is not intended to be interpreted with precision accuracy and exactness. In most cases, the LUPAG maps show the general location of a particular use, and the boundaries are not meant to be precisely scaled. For example, the LUPAG map identifying a commercial use corresponding to an existing location is not determined by scaling the map location from fixed points such as a street intersection or shoreline. The LUPAG map is not meant to depict absolute boundaries. This means that it is possible to reasonably interpret an area as being in a certain designation, as the Planning Director has determined in this particular situation. The General Plan states that the line is general, broad and flexible in its application. In some cases, the General Plan LUPAG designations are inherently imprecise. For example, an area of Low Density Urban or Urban Expansion surrounding existing towns indicates the possibility of an area expanding in a general direction, but does not indicate a fixed, rigid boundary for the potential expansion. Shoreline properties designated Open along the shoreline setback area do not delineate an exact width of the area designated Open. Islandwide, there are other situations where a particular zoning is not precisely consistent with the LUPAG map if the properties were precisely scaled. For example, the Kona Industrial Subdivision is partially in the HDU core although industrial uses are not permitted within the High Density Urban designation. Similarly, the Fairmont Hotel (at Mauna Lani), although proximate to a LUPAG Resort designation, is partially located in an area designated Open by the LUPAG map. The Waikoloa Village Conceptual Plan in the South Kohala Community Development Plan (SKCDP) adopted by Ordinance No. 08 159 identifies the project area as "Maintain Ag Zoning ", and a possible site for a community center and park. Although the subject request includes a park site, this area is partially bisected by an identified floodway. Table 5.2 of the Conceptual Plan (Planned Buildout and Potential Future Buildout in Waikoloa Area) does not recognize this parcel as planned for future development. Likewise, the SKCDP specifically states that "rezoning of any of these parcels (lands east and south of the Waikoloa Village area proposed for future development), should not be approved unless and until concurrency requirements have been met and until the land owner(s) can demonstrate in detail at least the following: (1) availability of adequate potable water sources, (2) mitigation of adverse traffic impacts, (3) mitigation of adverse visual impacts and night time light pollution, (4) positive benefits to the community, including providing parks and shopping facilities, and construction of affordable housing. Based on the above, the request is not consistent with the SKCDP. However, although the request is inconsistent with the conceptual plan, the project meets Waikoloa Policy 1 in the SKCDP, which states, "Provide Infrastructure and The Honorable J Yoshimoto, Chairman and Members of the County Council Page 7 Facilities for a Growing Community ", and identified as an "overarching planning policy for Waikoloa Village ", and thus, one of the most critical areas that need to be addressed for this growing community. Currently under review is a request by Waikoloa Mauka, LLC for an extension of time to construct a roundabout at the corner of Waikoloa Road and Paniolo Avenue. The construction of the roundabout would mitigate potential traffic problems at this intersection should this request be approved. This project would provide much needed infrastructure improvements in the immediate area while retaining the sense of community and providing the much needed convenience to residents in and around Waikoloa Village. Furthermore, in a letter dated September 24, 2012, the South Kohala Traffic Safety Committee has indicated their conditional support of the project, recommending that infrastructure be completed prior to the issuance of a Final Subdivision Approval and /or Certificate of Occupancy. Conditions of approval will include the committee's concerns, which also reflect the Department of Public Works' recommendations. Surrounding properties are zoned Agricultural (A -5a), Open, Multiple Family Residential (RM -2.5) and Village Commercial (CV -10). The Waikoloa Stables is located mauka of the project site, and the Waikoloa Village Highlands Shopping Center is located west of the site across Paniolo Avenue. The Waikoloa Hills Condominiums are located immediately north of the property. The proposed Waikoloa Highlands subdivision will be located to the south across Waikoloa Road, and the Waikoloa Village Post Office is located diagonally across the property. The proposed development would be in harmony with the character of the existing surrounding neighborhood and result in an intensity of land utilization no higher than as permitted or as otherwise specified for the district in which this proposed development occurs. Therefore, a favorable recommendation of this change of zone request will be consistent with the existing land uses within this portion of South Kohala. The Federal Emergency Management Agency designates the property as Zone "X ", an area determined to be outside of the 500 -year flood plain. The property is unclassified by the Agricultural Lands of Importance to the State of Hawai`i (ALISH) System and is not currently being used for any agricultural activities. Soils within the property and surrounding area are classified as "E" or "Very Poor" for agricultural productivity by the Land Study Bureau's Detailed Land Classification System. Pursuant to Section 25 -2 -46, Concurrency Requirements of the Zoning Code, a Traffic Impact Analysis Report is required of all major developments within six months before the submission of a change of zone that can generate 50 or more peak hour trips. The applicant submitted a TIAR conducted by Witcher Engineering, LLP dated July, The Honorable J Yoshimoto, Chairman and Members of the County Council Page 8 2012. Various alternatives were considered (pages 13 and 14 of the application and Appendix C, TIAR), with the recommendation of a roundabout at the corner of Paniolo Avenue and Waikoloa Road. Access to the project site is proposed from Waikoloa Road and Paniolo Avenue. Paniolo Avenue is an 80 -foot wide County collector roadway with two through lanes in each direction fronting the property, and improved with a planter strip, sidewalk and streetlights. Waikoloa Road, a County arterial roadway, has a 120 -foot wide right -of -way with one through lane in each direction. There is no sidewalk along Waikoloa Road fronting the property. The Department of Public Works has offered the following recommendations for roadway improvements (summarized): • Accesses to Waikoloa Road and Paniolo Avenue shall be channelized within the County right -of -way, including, where applicable, left turn lanes and right turn/deceleration lanes and left turn refuge lanes and traffic control measures • Prior to Plan Approval, submit a multi -modal Roadway and Traffic Circulation plan prepared by a licensed civil engineer which addresses the combined access and internal circulation details on plans drawn to scale, for approval by the Planning Director in consultation with the Department of Public Works • Construct, coordinate and cooperate with required roundabout improvements to the intersection of Waikoloa Road with Paniolo Avenue • Any necessary additional right -of -way for improvements to the intersection shall be subdivided from the subject property and dedicated to the County, at no cost to the County, upon request, prior to the issuance of any Certificate of Occupancy • Provide improvements along the frontage of Waikoloa Road similar to the improvements makai of the intersection with Paniolo Avenue fronting Highlands Center, to include pavement widening with concrete curb, gutter and sidewalk, drainage improvements, signs and markings, street lights, and any relocation of utilities, prior to the issuance of a Certificate of Occupancy • Improve the Park Access Road (identified as Easement AE -1) to dedicable standards with concrete curb, gutter and sidewalk, drainage improvements, streetlights, signs and markings and utilities, prior to the issuance of a Certificate of Occupancy The Honorable J Yoshimoto, Chairman and Members of the County Council Page 9 • With regard to construction vehicle traffic, access to the property shall be limited to Waikoloa Road and restricted to right -in right -out movements only on Paniolo Avenue until the required improvements are made to Paniolo Avenue for left turning traffic. For Waikoloa Road access, an eastbound left -turn lane and refuge storage lane on Waikoloa Road shall be installed prior to the issuance of on -site construction permits. In addition, the Department of Public Works provided several comments regarding information in the TIAR for access to County roads (summarized): • Proposed Driveway 1, located between two full- movement access approaches to Waikoloa Highlands Shopping Center on the other side of Paniolo Avenue, creates a very limited space within Paniolo Avenue for a dedicated southbound left turn lane and a refuge pocket to facilitate left turns from Driveway 1. The approach also has limited sight distance due to a vertical curve on Paniolo Avenue. • The sight distance left from proposed Driveway 1 is limited by the distance to the Waikoloa Road intersection and proposed roundabout which will have a large radius -free right turn upon completion of the roundabout • Proposed Driveway 5 is only 100 feet from the existing full- movement access approach to the Waikoloa Stables from Waikoloa Road. The close spacing of full movement intersection on an arterial street should not be permitted due to safety reasons. The approach should be combined for a desirable left -turn refuge lane for two -stage left-turn movements onto Waikoloa Road from Driveway 5. The Department of Public Works also recommends that issues regarding internal circulation on the master plan with proposed driveways be resolved prior to any plan approval for the development: • As only 50 feet is provided between the curb line and the nearest parking lot intersection at proposed Driveways 2 - 5, the internal traffic circulation pattern should be reconfigured to omit left turn conflicts within 100 feet of the County street • As the internal roads on the southern western sides of the soccer field are not on the proposed park parcel, the roads could be gated, eliminating access to the park frontage and continuity from Driveway 1 with no turnaround at the end of the cul -de -sac • Consider roadway connections to adjoining parcels; in particular, parcel 20 mauka of the project site. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 10 As part of a condition of approval for the rezoning of the Waikoloa Highlands project, the developer is required to improve the Paniolo Avenue /Waikoloa Road intersection with a roundabout system prior to Final Subdivision Approval of any portion of the project. As Final Subdivision Approval is pending, the roundabout and related improvements have not been constructed. In a separate request from this proposed rezoning, Waikoloa Mauka, LLC has requested an amendment to Condition B of Change of Zone Ordinance No. 07 127 for a five (5) year extension of time to secure Final Plan Approval for fifty (50) lots, provided that Final Subdivision Approval for the entire project be secured within ten (10) years from the new amendment. No action has been taken on this request as of this writing. It is anticipated that upon completion of the roundabout as required under conditions of approval for the Waikoloa Highlands rezoning, the Level of Service (LOS) for the Waikoloa Road /Paniolo Avenue intersection should improve from LOS "B" (short traffic delays) in the morning hours and LOS "C" (average traffic delays) and "D" (long traffic delays) in the afternoon, to LOS "A" (little or no traffic delays). Various conditions of approval will be included as recommended by the Department of Public Works. All utilities and services are available to the site. There is no public water system in this area. The applicant will secure service from the privately owned and operated Hawai`i Water Service Co. Police and emergency services are available in Waimea, and fire services are available on lower Pua Melia Street, approximately a half mile from the project site. The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is located five miles east or mauka of the Queen Ka`ahumanu Highway and not within the Special Management Area. As such, the project site will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, public access to the shoreline or mountain areas, designated scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the immediate project area. Thus, the proposed request and use of the property will not adversely impact those resources. A draft Archaeological Assessment Report dated July, 2010 prepared by Haun and Associates did not identify any archaeological features or sites within the subject site. In a letter dated October 11, 2012, the DLNR Historic Preservation Division has stated that the survey was accepted by SHPD and no historic properties will be affected by this proj ect. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 11 In view of the Hawai`i State Supreme Court's "PASH" and "Ka Pa'akai 0 Ka'Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. These rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site. Investigation of valued resources: The archaeological assessment report has been accepted by the DLNR; no historic properties will be affected by this project. The valuable cultural, historical, and natural resources found in the area: The archaeological assessment conducted on the project site revealed no endangered species. A standard condition will be included to require the applicant to cease work and notify the DLNR -HPD should any remains be discovered on the site, until given clearance to proceed by the DLNR -HPD. Possible adverse effects or impairment of valued resources: Native vegetation may be destroyed by ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. The applicant believes that there are no endangered or threatened species on the site. Feasible actions to protect native Hawaiian rights: The applicant has stated that there is no evidence of any traditional or customary Native Hawaiian rights being practiced on the project site, nor existence of any known valued cultural, historical or native resources in the area. Thus, it is believed that the project would have no adverse impact relative to the cultural and historical resources in the area. To the extent to which traditional and customary Native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights. Based on the above findings, the approval of the Change of Zone request from an Agricultural (A -5a) to a Village Commercial (CV -20) zoned district would result in an appropriate land use pattern that will further benefit the public. The accompanying draft bill to amend Section 25 -8 -7 (South Kohala Zone Map) of Chapter 25, Zoning Code, of the Hawai`i County Code, is provided for your favorable consideration. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 12 We are enclosing a copy of the staff background, Planning Director's Recommendation, Powerpoint presentation, and transcript of the hearing for your information. Sincerely, Geraldine Giffin, Chairman Leeward Planning Commission Lhawaiianriverbendlpc2 Enclosures cc: Mr. Sidney Fuke Mr. Michael Miroyan Department of Water Supply Department of Public Works State Land Use Commission Planning Department - Kona William Brilhante, Esq. BHawRivtSLUREZ. do c -11 /7/ 12 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND I.2EPORT HAWAIIAN RIVERBEND, LLC STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 12 -035) CHANGE OF ZONE APPLICATION (REZ 12 -157) HAWAIIAN RIVERBENp, LLC has submitted applications for a State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone from Agricultural 5- acres (A -5a) to Village Commercial 20,000 square feet (CV -20) for approximately 14.622 acres of land. The property is located on the northeastern intersection of Waikoloa Road and Paniolo Avenue, makai of the Waikoloa Stables and east of the Waikoloa Village Highlands Shopping Center, Waikoloa, South Kohala, Hawai`i, TMK: 6 -8 -002: por 21. PROPOSED ACTION 1. Request: State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone from A -5a to CV -20 for approximately 14.622 acres of land to develop a commercial shopping complex approximately 170,700 square foot in size. Proposed are three major anchors consisting of 20,000 square feet at the north end and two 15,000 square -foot anchors at the south end. There will be other smaller retail and /or office establishments. Although not finalized, the applicant has been in discussions with a major drug store and a hardware store. The proposed structures will be no higher than two stories, and less than 30 feet in height. (Exhibit 1 - State Land Use Boundary Amendment and Change of Zone applications) 2. Project Schedule: Construction of the infrastructure is proposed to be completed in 2013, with scheduled completion of the initial phase within three years from the approval of the change of zone. 3. Cost: Approximately $30 million. 4. Landowner: Hawaiian Riverbend, LLC. STATE AND COUNTY PLANS 5. State Land Use Designation: Agricultural. 6. GP LUPAG Map: Extensive Agricultural. Attachment to: Carm. 66 Bills 19 & 20 7. County Zoning: A -5a. 8. Community Development Plan: The proposed action is consistent with the policies in the South Kohala Community Development Plan (KCDP) adopted by Ordinance No. 08 159 effective November 20, 2008. 9. Special Management Area (SMA): The property is not situated within the Special Management Area. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 10. Project Site: The 14.622 -acre project site is a portion of a vacant 31.322 -acre parcel, currently being subdivided into three parcels (5.95 acres, 10.75 acres, and the subject parcel, 14.622 acres) under Subdivision No. 11 -1060. Final Subdivision Approval is pending as of this writing. The commercial development is proposed on the subject property, and the 10.75 -acre site will be conveyed to the County of Hawai`i for a community recreation area to fulfill all or a portion of the fair share park and recreational obligation of the proposed 390 -acre one -acre lot subdivision (Waikoloa Highlands) located on the south side of Waikoloa Road across from the Waikoloa rodeo arena. The use of the 5.95 -acre site is undetermined at this time. 11. Surrounding Zoning/Land Uses: Surrounding properties are zoned Agricultural (A- 5a), Open, Multiple Family Residential (RM -2.5) and Village Commercial (CV -10). The Waikoloa Stables is located mauka of the project site, and the Waikoloa Village Highlands Shopping Center is located west of the site across Paniolo Avenue. The Waikoloa Hills Condominiums are located immediately north of the property. The proposed Waikoloa Highlands subdivision will be located to the south across Waikoloa Road, and the Waikoloa Village Post Office is located diagonally across the property. 12. ALISH: Unclassified. 13. Land Study Bureau's Detailed Land Classification System: "E" or "Very Poor ". 14. U.S. Soil Survey: KNC, Kawaihae soil series, which consists of excessively drained, extremely stony soils formed in volcanic ash. This soil has moderate permeability, medium runoff, and moderate erosion hazard. 15. FEMA: Zone "X ", areas determined to be outside the 500 -year flood plain. 16. Flora/Fauna: No formal studies were conducted of the site. Vegetation on the site includes kiawe, koa haole, and ilima. The applicant believes that there are no endangered -2- or threatened species on the site. 17. Archaeological/Cultural Resources: A draft Archaeological Assessment Report dated July, 2010 prepared by Haun and Associates did not identify any archaeological features or sites within the subject site. In a letter dated October 11, 2012, the DLNR Historic Preservation Division has stated that the survey was accepted by SHPD and no historic properties will be affected by this project. 18. Air Quality: The proposed project is not expected to impact air quality in the area. 19. Scenic/Visual Resources: As the property is located at approximately the 1,000 foot elevation and five miles mauka of the coastline, views to the shoreline should not be impacted. 20. Public Access: None that traverses the property. 21. Traffic: Pursuant to Section 25 -2 -46, Concurrency Requirements of the Zoning Code, a Traffic Impact Analysis Report is required of all major developments within six months before the submission of a change of zone that can generate 50 or more peak hour trips. The applicant submitted a TIAR conducted by Witcher Engineering, LLP dated July, 2012. Various alternatives were considered (pages 13 and 14 of the application and Appendix C, TIAR), with the recommendation of a roundabout at the corner of Paniolo Avenue and Waikoloa Road. PUBLIC UTILITIES AND SERVICES 22. Access: The project site fronts both Paniolo Avenue and Waikoloa Road. Paniolo Avenue is a County collector road with an 80 -foot right -of -way with two through -lanes in each direction fronting the property. Paniolo Avenue is improved with a planter strip, sidewalk and streetlights. Waikoloa Road is an arterial street with a 120 -foot wide right - of -way with one through -lane in each direction. There is no sidewalk along Waikoloa road fronting the property. The DPW recommends that accesses to both Paniolo Avenue and Waikoloa Road be improved be channelized within the County right -of -way, including left turn lanes and right turn/deceleration lanes and left turn refuge lanes and traffic control measures, meeting with the approval of the DPW, prior to the issuance of a certificate of occupancy. (See Exhibit 2, Department of Public Works' memo dated October 4, 2012 for detailed recommendations) As part of a condition of approval for the rezoning of the Waikoloa Highlands -3- project, the developer is required to improve the Paniolo Avenue /Waikoloa Road intersection with a roundabout system prior to Final Subdivision Approval of any portion of the project. As Final Subdivision Approval is pending, the roundabout and related improvements have not been constructed. In a separate request from this proposed rezoning, Waikoloa Mauka, LLC has requested an amendment to Condition B of Change of Zone Ordinance No. 07 127 for a five (5) year extension of time to secure Final Plan Approval for fifty (50) lots, provided that Final Subdivision Approval for the entire project be secured within ten (10) years from the new amendment. No action has been taken on this request as of this writing. 23. Water: There is no public water system in this area. Potable water will be provided through a private water system owned and operated by Hawai`i Water Service Co. (West Hawai`i Utility Company). 24. Wastewater: The applicant will secure service from the privately owned and operated Hawai`i Water Service Co. 25. Solid Waste: Solid waste will be disposed of at the Puuanahulu landfill. 26. Essential Utilities and Services: All essential utilities are available to the project site. The North Kohala Community Hospital, as well as police and fire services, are located in Waimea. AGENCIES' AND ORGANIZATION'S COMMENTS 27. Department of Public Works: P. D. Exhibit 2 - October 4, 2012 memo 28. Department of Water Supply: P.D. Exhibit 3 - September 28, 2012 memo 29. Police Department: P.D. Exhibit 4 - September 14, 2012 memo 30. Fire Department: P.D. Exhibit 5 - September 17, 2012 memo 31. Department of Environmental Management: P.D. Exhibit 6 - August 31, 2012 memo 32. DLNR Historic Preservation Division: P.D. Exhibit 7 - October 11, 2012 memo 33. DLNR Land Division: P.D. Exhibit 8 - September 24, 2012 letter 34. Department of Health: P.D. Exhibit 9 - September 21, 2012 memo 35. South Kohala Traffic Safety Committee: P.D. Exhibit 10 - September 24, 2012 letter AGENCIES AND ORGANIZATIONS - NO RESPONSES 36. Land Use Commission, Waikoloa Village Community Association -4- APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 37. P.D. Exhibit 11 - Letters dated October 12, 2012, October 15, 2012 and October 22, 2012. PUBLIC COMMENTS 38. P.D. Exhibit 12 - letter (via email) from Vivian Green and Steve Jarvis 39. P.D. Exhibit 13 - October 29, 2012 email from Frank M. Penwell APPLICATIONS FOR STATE LAND USE BOUNDARY AMENDMENT (Agricultural to Urban) and COUNTY REZONING (A-5a TO CV -20) HAWAIIAN RIVERBEND, LLC Waikoloa, South Kohala, Hawaii TMK: (3) 6 -8 -002: 021 (Por) Prepared For: Hawaiian Riverbend, LLC Prepared By: Sidney M. Fuke, Planning Consultant July 2012 Planning Dept. Exhibit / AfTE- LAND USE BOUNDARY AMENDMENT APPLICATION (15 ACRES OR LESS) AM O. pn mil (3- COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) PETITIONER: Hawaii Riverbend, LLC (Michael Miroyan, Managing Member) PETITIONER'S SIGNATURE; ADDRESS: P.O. Box 3181 DATE: Feb. 7, 2012 Saratoga, CA 95070 PETITIONER'S INTEREST IF NOT OWNER: TELEPHONE:(Bus.) (408) 613-0328 (Res,) LANDOWNER(S): Hawaii Riverbend, LLC (Fax) LANDOWNER SIGNATURE(S): " r DATE: Feb. 7, 2012 (May be b tter) ADDRESS: P.O. Box 3181 Saratoga, CA 95070 TAX MAP KEY: 6-8-002: 021 portion STREET ADDRESS OF PROPERTY: Waikoloa Road ZONING: A-5a SIZE OF PROPERTY: 14.622 acres CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: AGENT: Sidney M. Fuke Urban ADDRESS: 100 Pauahi Street, Suite 212 Hilo, HI 96720 TELEPHONE:(Bus.) 969-1522 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney N. Fuke COPIES: Michael Miroyan (See Instructions on Reverse Side) h 02/0612012 17:19 office 'AX)4083548040 13.0011014 CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or Legibly print the requested information) APPLICANT: Hawaiian Riverb , LLC (Michael Miroyan, Managing Member) 11 DATE: e .D APPLICANT'S SIGNATURE: ADDRESS: P.O, Box 3181 Saratoga, CA 95070 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPALS) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 408 613 -0238 (Res,) LANDOWNER(S): Hawaiian '. .s bend, LLC LANDOWNER SIGNATURE(S): (Fax) 408 613 -0238 Y'/r" /(May be b4letter) LANDOWNER(S) ADDRESS: P.O. Box 3181 Saratoga, CA 95070 DATE: :7-F9-4):2-0/2- REQUEST: A -5a (Existing zoning) TAX MAP KEY: TO 6 -8 -002: 021 . ortion CV-16' o (Proposed Zoning) STREET ADDRESS OF PROPERTY:, Corner of Waikoloa Road and Paniolo Avenue SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 14.622 acres AGENT: Sidney M. Fuke, Planning. Consultant ADDRESS: 100 Pauahi Street, Suite 212 X10, HI 96720 TELEPHONE:(Bus.) 969 -1522 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney Fuke COPIES: Michael Miroyau 02106/2012 17:20 Office (F"4083548040 P.01O1O14 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? If yes, please answer the rest of question L and then to question 3. a. How many acres of the requested area do you intend to subdivide? b. Into what lot sizes? c. if your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you nave no firm plans of subdividing the subject area, do you intend to: b. c. d. e. Sell or lease the land to someone who has firm plans? Sell or lease the land to someone who has plans? Sell or lease the land to someone who has Keep it? other (please state) tentative No No no plans? No Yes 02/06/2012 17:20 Office AX)4083548040 P.0111014 f, If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. What specific building plans do you have for the subject land? Include in your answer the following: type of building (apartment, office, launderette, etc.); financing arrangement; timetable for construction; and any other information which you feel might help us in evaluating your request. Construct a shopping complex. See Envirornmental Report for detailed response. dditional 4. Have you performed any study which would demonstrate a need for your proposed building and /or development? No if so, please elaborate on your findings in the space provided below. 02/06/2012 17:20 Office 7, 5, W083546040 P.O12/014 Have you performed any study which discusses the environmental impacts your request would nave on the Surrounding area and /or the County? If so, please elaborate on your findings in the space provided below. Please refer to attached planning and environmental report Yes 6. Are there any buildings on the subject area? No if so, what kind? What do you intend to do with those buildings if your request is approved? Is the subject land currently being used for any agricultural activity? if so, please list the kinds of products grown on and how many square feet or acres of land per product? No 0210612012 17:20 Office 8, AX)4083548040 P.0131014 To your knowledge, has there been any flooding and/or drainage problem on the subject area? If so, please describe the problem. 9. Do you think that the roads leading to the subject area needs improvement? If so, what kind? 10, No Yes Some improvements at the Walkoloa Road/Paniolo Avenue intersection - see report Is the road adequate for the proposed traffic volume or load? What sort of governmental assistance and /or improvements do you feel will be needed in the subject area when developed? yes a. Schools b, Roads c. Sewer d. Drainage e. Police Protection f. Fire Protection g, Recreational Facilities h. Recreational Facilities 1. NO X Yes X X x X X X 02/06/2012 17:21 Office 14083548040 P.014/014 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. Yes; please refer to environmental report. 6338A/50A P. D. 5/84 Signature: Address: P.O. Box 3181 Saratoga, CA 95070 Telephone : 408 613 -0238 Date: L11)12— -5- COUNTY ENVIRONMENTAL REPORT APPLICATIONS FOR A STATE LAND USE (AGRICULTURE TO URBAN) AND COUNTY REZONING (A -5a to CV -20) HAWAIIAN RIVERBEND, LLC WAIKOLOA, SOUTH KOHALA, HAWAII TAX MAP KEY: (3) 6 -8 -002: 021 Por 1. INTRODUCTION The applicant, Hawaiian Riverbend, LLC, proposes to develop a shopping complex on a 14.622 acre portion of a 31.322 acre parcel. As such, the applicant is requesting a State Land Use boundary amendment from Agriculture to Urban and concurrently, a County rezoning from Agriculture (A -5a) to Village Commercial (CV -20) of the 14.622 acre area. The subject area is located on the northeastern corner of Waikoloa Road and Paniolo Avenue. The Waikoloa stables and rodeo arena are located immediately mauka of the subject area. II. PROJECT LOCATION The subject area, consisting of 14.622 acres, is a portion of a 31.322 acre parcel identified by TMK: 6 -8 -002: 021 in Waikoloa, South Kohala, Hawaii. More specifically, it is located on the northeastern corner of Waikoloa Road and Paniolo Avenue in the village of Waikoloa. The Waikoloa stables and rodeo arena are located immediately mauka of the subject area. On the makai side and across of Paniolo Avenue is the Waikoloa Village Highlands Shopping Center. (Figures 1 and 2) III. PROJECT DESCRIPTION A. Proiect Background The 31.322 acre parcel is in the process of being subdivided into three (3) Tots, and the file number of this subdivision application is SUB 11- 001060. (Figure 2) As of this writing, the application has either been granted or nearing receipt of final approval. The proposed 10+ acre lot is intended to be conveyed to the County of Hawai'i for a community recreation area. If accepted, the land would be used to fulfill all or a portion of the fair share park and recreational obligation of the proposed 390+ 1 -acre lot rural subdivision called Waikoloa Highlands located on the south side of Waikoloa Road and generally across of the Waikoloa rodeo arena. This proposed dedication arrangement was agreed to between the applicant and 1 w 1MILE -OP° A` aSt gipona A' 14 iIs 49714211:.:313: • o • Pheasant W Ridge Hulu . r r r �- - P r - -' - -- i .`�+ Wm1'aloa Heights ---- -,x -,t l Ha r)1 1� 1 - -- - - -' Af Lew - - - - --- Baena vs- A A—`oa ro paniolo Est Eleele P1 Kalani Estates Waikoloa Elem. ScL X{oiuiva Pun - Auhili Puwalu • Sansd• '� G V Ridge rt, v d 'e ate WAIKOLQA �j�a, VILLAGE _ k"ebe fa pl Ebako P! Kawika P1 Waikoloa lviahiiia P1 Waikoloa Kilns �eya Wa1Tcblda —,' Village Waikoloa • Go1f Rest Fairways gc Offic Poniolo • Greens The Greens • at Waikoloa • Fairway Terrace • Weal'1 ayf 84 E.KauPaPar paniolo Pl ikatoa 1<llage SUBJECT SITE • Lani • Zua Kula Elime Lani Waikoloa Iflls • : Poniolo Waikoloa Club Highlands CV Ctr. Waikoloa Stables Waikoloa 11 Highlands Golf Est C'a4 -Pub.. Ayks< 9 XCairieSazn Preschool water tank Waikoloa Utility • Baseyard cc NoNaLBna • ` ` r 1 Hance O Waikoloa ` 1 r 1 / • 1 1' / .- 1 r 1 1 1 r r r 1 t I r 1 r r , I. 1 i r r r 1 r Figure 1 I) r\ 1 2880'07 -- 7004.37 471.10 (21015'27 30.831 t 1 7` 254034" —17106 P''c I3 ��7'Ir --tom `1 619'59' --5L77 `7 deonk/le774, 001011 LOT 9-A 5.450 ACRES 013011$ -7172.0 16773770 —105:01 I'3534' LOT 9-8 10,750 ACRES 777744'07 — 8030 • .,t . ', • S—.. Zt.,...i 1`l� 1:ri: - 76 81' .. ..._ ^^ 6d.` =1 oV N 72'5 'yi' -81, 8619'57 20.83 17732'27 — 15 77731.19' — 60.09 79003'00 — 175 qe la I- - 4'i I 2531'17 \\ 1 254"5534 — 101.81 � 1,6n7, 7' m 266'17177'— N" <IO -FeOk 03.n T.1oon. ]ne. 214/ ,lkelo. 8717.1 1) 77 r44'2F — 447.04 Hawaii Riverbed, LLC Attn: Micheal Miroyan . PA, Box 3181 Saratoga, Ca, 95070 (owner) 291'4707' — 755.00 15732'40' — 27.71 Q a llama and 07,ton,,e be„ en 067.6 and mow Information end 0.1.6 le 2, n0. 003 my T.len .ielokn .,(1.1en ' PPUU 1.o 06.14 :.n, 1010., from`1,om171a,n10 010,. 71.04 017,2. xnb• ?omi 1.'1.1 MMin Z. , ■n e.l,m .4 le to 'WWd. E770µ$01 Dodd 03 1 R".� 4 0101 0ND7707 730)..)6 IH00 A 0.01..£ 4419 2, 9 4 2'000 --- 35237 ibl!".raSAnn�, 776,006.4 .1001. 71004.00 750. P,6 3'. 2012 M70. 77144'07— 1260.73 W A I K O L O A (130 7•T WIDE) PUN .SHOWING Proposal Subdlrls7on of Lot 5, of Walkoloa D.Yalopmml, 0.705 a portion of R. P. 5971, L. O. Aw. 5321 -8, Apana 1 10 0. 9. Hueu, Into Lots 8 A 9 -8 and'9 -0, Walkoloa, Sloulh Kabala, I :land et Hawaii, Hawa4 7170 (3) 75 -5 -002; 021 R O A D .0'1 070, 10Si- 10-001 'Engineering.rartnera, Inc 0.0. eox 4129 TN1 7256) 052 -7 00 To.I `600) 933 -3532 uw6:gToyoB.eam oenla la.P8e.e9sem Waikoloa Mauka, LLC., the former owner of the subject site and the developer of the Waikoloa Highlands project. There have been active discussions with the community and the County regarding the proposed dedication of this area over the past few years. Given the absence of available sites, it was the applicant and Waikoloa Mauka, LLC's understanding that this site was considered to be a reasonable alternative by the community. As such, they, through their representative, worked with the County, particularly its Department of Parks and Recreation in developing an overall conceptual land use plan to understand access implications and to see how the proposed park site related to other potential uses of the overall 31+ acre site. The result of this exercise is now reflected in the overall conceptual plan found in Figure 3. Letters of support of this concept from the area Councilmember (Mr. Pete Hoffmann) and the Department of Parks and Recreation (Mr. Robert Fitzgerald) are found in Appendix A. In addition to the park site, one of the Tots would be set aside for a commercial development, which is the subject of these land use applications. The use of the third and last lot is still undetermined at this time, although there have been expressed interest by a church. B. Project Concept As depicted in Figure 3, the applicant is proposing to develop the site into a shopping complex to provide retail opportunities and /or alternatives for the Waikoloa Community. In so doing, the project would be serving the community and minimize unnecessary commutes to areas outside of the Village. The proposed concept reflects a shopping complex that would consist of approximately 170,700 square feet. There would be three major anchors consisting of 20,000 square feet at the north end and two 15,000 square foot anchors at the south end. The other structures would be set aside for smaller retail and /or office establishments. While nothing has been consummated as of this date, the applicant has been in discussions with a major drug store as well as a hardware store. The developer of the proposed hardware store has expressed interest for the area adjacent to Waikoloa Road, immediately south or "Kona- side" of the existing equestrian facility. These structures are proposed to be no higher than two (2) stories in height, not exceeding thirty (30) feet. Although the concept plans does 2 1 0' 50' 100' 200' Scale 1`.100• 1.21.11 M■11lr•1117 Badlg Footprints x 170,700 SF Commercial Residenlial Uncleleaned FIoodplaln Boundary it/County of Hawaii cray Mixed -Use Master Planned Development - for - Hawaiian f iverbend LLC - Mickael Mirogan Managing Member Walla.. 11. 1 ACaaala.j SQUARE FOOTAGE ; TAX MAP KEY "MK (3) 8.5002:021 AREA OF SITE 31.22 00002 06104 nwensiod PLANNERS ARCHITECTS not delineate the number of parking stalls, the minimum conventional and handicapped parking stalls, as required for by the Zoning Code, would be provided throughout the site. Based on 170,700 square feet, the minimum number of stalls would be 569. The developer is considering, but has not yet committed to, making some of the parking available for certain county activities on the adjoining planned county park. The details — such as number of stalls, time of use, security, etc. - of the "shared parking concept" still has to be worked out. Although the proposed concept plan shows two accesses from Waikoloa Road and one from Paniolo Avenue, they may have to be adjusted to accommodate conditions of zone change approval. In either event, for overall circulatory purposes, the project will be designed to enable internal access to both major roads. C. Project Timetable and Cost Because projects of this nature are reliant on the strength of the overall economy and demand, it is intended to be developed in phases. The applicant's goal is to have one of the major anchors plus another building for smaller businesses developed in the initial phase. This will include the primary infrastructure from Paniolo Avenue, as that is needed to make the proposed site available. The applicant intends to secure the balance of the required permits and begin making the appropriate improvements immediately upon securing all development permits. Hopefully, this can be done by the middle to ending part of next year, with completion of the initial phase within three (3) years of the approval of the zoning change. The second phase could be completed within 3 years of the initial phase, subject to market demand. . The applicant estimates the cost of the entire project to exceed $30 million. The initial phase, because of the high off -site infrastructural improvements, is estimated to exceed $9 million. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject property is designated Agriculture. As such, a County - processed State Land Use boundary amendment is required and being requested in conjunction with the proposed CV -20 zoning request. 3 B. County General Plan The General Plan is basically a policy document with a map component to help guide land use. Together, they provide for the long - range comprehensive and balanced development of the island of Hawai'i. According to the Land Use Concept section of the General Plan, the map component is called the Land Use Pattern Allocation Guide ( "LUPAG ") map. The LUPAG map "indicates the general location of various land uses in relation to each other document." It is a "broad, flexible design intended to guide the direction and quality of future developments in a coordinated and rational manner." (Emphasis added). One of the standards of the General Plan document states that "The broad -brush boundaries indicated are graphic expressions of the General Plan policies, particularly relating to land uses. They are long - range guides to general location...." Hence, the LUPAG map was not designed to be specifically measurable. As such, in the context of the broad -brush boundary approach, the subject site is interpreted to be Medium Density, a designation that allows the requested CV -20 zoning. Accordingly, this request would be generally consistent with the LUPAG map. Relative to the Medium Density designation, the General Plan allows consideration for "Village and neighborhood commercial and residential and related functions (3 -story commercial; residential - up to 35 units per acre." The requested State Land Use and County zoning and planned uses would be consistent with the uses envisioned within the Medium Density area. C. South Kohala Community Development Plan ( "CDP ") Relative to the South Kohala CDP, Section 15.1 of the County General Plan called for the development and eventual County Council adoption of Community Development Plans. The General Plan states that the CDP "will translate the broad General Plan statements to specific actions as they apply to specific geographical areas." The General Plan also notes that should the CDP require a General Plan amendment, it could be considered concurrent with the adoption of the CDP. However, "If there is a direct conflict between the Community Development Plan and the General Plan, the General Plan shall be controlling." 4 Pursuant to the above, the South Kohala CDP was developed and subsequently adopted by the County Council on November 20, 2008 (Ordinance No. 2008 -159). As it relates to Waikoloa Village, the CDP's Waikoloa Village Conceptual Plan identifies the subject area Agriculture and as a "Community Center and Park Alternative #2." The plan also notes that the subject area is proximate to existing commercial areas and "These additional sites could provide for still more retail commercial facilities." D. County Zoning The County zoning of the requested area is Agriculture (A -5a). If the requested Village Commercial (CV -20) request were approved, all related land use and development codes such as Plan Approval, parking, landscaping, fire, ADA, and the like would be complied with by the applicant and /or the respective developer of portions of the project. E. Other Permitting Considerations The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as noted earlier, other construction- related permits would still be required. These would be of the "ministerial" variety, such as Plan Approval, grading permit, building permit, Department of Health clearances, and the like. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The 14+ acre site irregular in shape. It resembles somewhat of a flag lot, with its pole portion fronting Waikoloa Road. The site has two frontages, one along Waikoloa Road extending 1,280 feet, and the other along Paniolo Avenue extending over 300 feet. (See Figure 2) The land gradually slopes in an easterly to westerly (mauka to makai) with an average grade difference of approximately less than 10 %. The mauka elevation is about 1,030 feet, while the makai section is about 1,000 feet. The site is vacant of any structures B. Climate, Soil and Topography The site is located on the leeward side of the island in the ahupua'a of Waikoloa. The overall area is located within the "rain shadow" of 5 Mauna Kea, a region that is pretty arid with marginal rainfall. The average annual rainfall ranges between 10 -15 inches, with much of the rainfall occurring during the winter months. The daily highs generally range between 77 to 85 degrees and daily lows from 65 to 70 degrees Fahrenheit. Wind patterns in the area are often moderate to heavy, as the normal trade winds (easterly) moves through the saddle portion of the Big Island. According to the US Department of Agricultural Soil Conservation Service (now Natural Resource Conservation Service), the land is classified to be part of the Kawaihae Soil series ( "KNC "). This series consists of somewhat excessively drained, extremely stony soils that formed in volcanic ash. These soils have a very thin surface layer of fine sandy loam over silt loam and loam. This soil has moderate permeability, a medium runoff and a moderate erosion hazard and is classified as suitable for pasture, wildlife habitat and recreation. According to this author's interpretation of the Land Study Bureau Overall Master Productivity Rating map, this site is classified "E" or Very Poor. This means that the site is only marginally suitable for agricultural use. Under the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, it appears that the site is "unclassified" or not rated according to the ALISH land categories. C. Natural Hazards 1. Drainage The Federal Flood Insurance Rate Map (FIRM) identifies the subject area to be within Zone X (areas outside of 500 -year flood). As there will be an added level of impervious surface resulting from the proposed development, there may be an issue relating to potential increased run -off. In that event, drywell(s) or similar type of accommodations will be implemented, subject to the review and approval of the Department of Public Works and State Department of Health via the Underground Injection Control (UIC) permit process. With the proposed on -site drainage improvements, all potential drainage and /or flooding issues could be reasonably addressed and mitigated. 6 2. Tsunami Hazard Given its elevation (1,000 +) and distance from the nearest shoreline (5± miles), it is located outside of the Civil Defense's Tsunami Evacuation Zone. Thus, there should be little or no threat from high waves. 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies the subject site as Lava Flow Hazard Zone 3, on a scale of ascending risk, 9 to 1. There is very little that can be done to protect structures and improvements on the site. Relative to protection of life, however, this would be achieved through the evacuation routes and warning systems provided by the County Civil Defense agency. Such notices could be prominently placed within existing structures. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. The applicant understands and accepts that all structures must be constructed to meet with the more restrictive seismic hazard structural requirements of the Building Code. 4. Unexploded Military Ordnance ( "UXO ") The site is part of over 130,000 acres of land that was used by the U.S. military for training exercises from 1943 to 1953. The Department of Defense did some cleanup activities, UXO have been discovered in various areas, including near homes in Waikoloa Village. The military has since developed the Formerly Used Defense Sites ( "FUDS ") program to address these potential risks within the 130,000+ acre area. The subject site, as is the rest of Waikoloa Village, falls within the "high risk" area. As such, prior to land disturbance activity, the applicant intends to contact the Army Corps of Engineers for UXO support in the detecting and removal of any UXO. D. Fauna Resources Although there was no professional survey conducted of the faunal resources of the site, the applicant does not believe that rare or endangered faunal resources are likely to be found within or proximate to the subject site. This belief is supported by the Environmental Impact Statement ( "EIS ") prepared and approved in May 2007 for the Waikoloa Highlands rural - residential project located immediately south of the subject site. The faunal resources should be somewhat typical of other developed properties in this general area. One may thus find bird species such as the Black Francolin, Sky Lark, African Silverbill, Spotted Dove, Japanese White -eye, House Finch, Common Myna, and the like. Domestic animals such as cats and dogs, and other animals like rats and mongoose are also common. Other animals include occasionally feral goats and pigs. None of these are endangered animals. As such, it is unlikely that the development of this property would cause any adverse faunal impacts. E. Flora Resources As with the description of the site's faunal resources, no professional botanical survey was done of the subject area. In historical times, the site was used for cattle grazing. In an Archaeological Assessment prepared by Haun and Associates for this project (Appendix B), the site's botanical resources was described as follows: "Vegetation within the area consists of low grass with scattered kiawe (Prosopis pallid), koa haole (Leucaena glauca), and Ilima (Sida fallax Walp.)" None of these are listed as endangered or threatened. Accordingly, the botanical or floral impacts should be negligible. F. Historic /Cultural /Archaeological Resources As noted earlier, an archaeological assessment was prepared by Haun and Associates for this site. The assessment, prepared in July 2010, did not identify any archaeological features or sites within the subject site. It added that "The absence of archaeological sites within the parcel is likely attributable to the rugged and and conditions within the area." The assessment then concluded that "No further archaeological work is recommended..." (Appendix B). Nonetheless, during the course of improving the site, should any unanticipated archaeological features or sites be uncovered, work will cease and the applicant and /or developer will immediately notify the 8 Planning Department and State Department of Land and Natural Resources, Historic Preservation Division. G. Valued Cultural Resources The recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina" decisions require decision - makers to consider a project's impact to native Hawaiian gathering and fishing rights. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated traditional and customary practices of this site and the impact of this project to these resources and practices. In this situation, the subject site is not adjacent and /or proximate to the shoreline. As such, fishing and coastal access is not an issue. Furthermore, there are no known endemic or threatened plants on the site. The archaeological assessment also did not identify any archaeological sites or features on the site. Based on the above, it does not appear that the project would have any potential adverse impacts relating to native Hawaiian cultural and historical resources and /or practices. H. Water and Coastal Resources The subject site is located over 5 miles from the coastline. Being a non - coastal property, no coastal access will be affected. Furthermore, coastal impacts resulting from discharge of drainage systems from the site should not be significant. Prior to the installation or use of any drywells on the site to address on -site drainage concerns, the appropriate UIC permit from the State will be taken. At that time, impacts to water and coastal resources will be carefully examined. The proposed development will require a wastewater system. As such, the applicant will provide its own wastewater system or connect to the private system currently owned and operated by Hawaii Water Service Co. aka Waikoloa Sanitary Sewer Cpmpany. Should the developer elect to develop its own wastewater system, the system will have to meet with the requirements and approval of the State Department of Health. The standards and guidelines of the State now provide greater protection of the groundwater and coastal resources in this area. 9 I. Noise, Air Quality, and Dust The existing background ambient noise level is associated with the wind, foliage, birds, and the like. Collectively, that type of noise level would be relatively low, averaging less than 45 Ldn. Manmade noise in this area, however, is heavily influenced by the traffic along the Waikoloa Road and Paniolo Drive. This project will introduce additional vehicular traffic to this area, and there may be some noise impacts resulting from these vehicles. To mitigate these impacts, the applicant intends to install appropriate landscaping within and along the perimeter boundaries of the project area. Then, too, the bulk of the vehicular activity will be during the daylight hours, when the noise level is higher due to the existing traffic along the Waikoloa Road. There will also be short-term noise impacts during the construction phase. To mitigate this impact, the development of this project — particularly the site work - will be limited to daylight hours and on weekdays. Contractors will also be required to comply with established State Department of Health guidelines and standards relating to noise and emission controls. The proposed development should not generate any direct air quality impacts. As the project itself is not expected to have uses that generate adverse air pollutants, the only discernible air quality impact would be associated with vehicular traffic to and from the site. While the added traffic will have an impact to the ambient air quality, the impact should not be significant. This is due in part to the higher EPA standards for vehicular air emissions and the prevailing trade winds. All of the required parking area within the project site will be paved with an all- weather, dust free surface. Landscaping will also be required as part of the Plan Approval requirement. As such, with the exception of minimal construction dust in the beginning, long term dust generated by the project should be insignificant. J. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as scenic resources. The subject site is not listed as a scenic site. However, the views of the general coastline (Kawaihae Bay and Harbor area to Anaeoho'omalu Bay), Kohala Mountains, and the Queen Ka'ahumanu Highway are noted. 10 From a view plane perspective, the subject site is situated north of Waikoloa Road and mauka of Paniolo Drive. As such, the project — in relation to those public roads — should not significantly, if at all, impede the existing coastal views. The project is situated between Waikoloa Road and the Kohala Mountains. However, because the Mountain is located at a distance and the project will have structures less than 30 feet tall — which is less than the existing Zoning Code's 35 -foot height requirement for the Agricultural zone — that view plane should not be significantly affected. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The surrounding land uses in this area include a mixture of commercial, residential, and rural agricultural activities. A shopping center called Waikoloa Highlands Center is located immediately makai or west of the subject site. There is a multiple family residential complex (Waikoloa Hills Condominium) located immediately north of the subject property and within 500 feet of the proposed site. There is a equestrian center located immediately mauka or east of the subject site, while the proposed Rural- Residential subdivision called Waikoloa Highlands is located to its south, directly across of Waikoloa Road. Diagonally across of the subject site is the village's post office and other commercial activities. The requested zoning would thus be consistent with the existing and evolving mixture of commercial and residential land use pattern in this area. Nonetheless, because there are some residential developments proximate to the subject area, mitigative measures will be taken. These measures deal principally with landscaping, lighting, and access. B. Economic, Impacts The requested zoning would have some measure of economic impact, as it would provide short-term employment opportunities for those in the construction and related industries. At the same time, there would be longer term economic impacts, as the site would provide opportunities for. more commercial uses to be established in an area proximate and convenient to a growing community. 11 Workers would be needed to staff the various retail and office uses within the project. Using a ratio of 1 job for every 1,000 square feet, the projected number of direct jobs would be over 600. However, it should be emphasized that this would be over time, as that total is predicated upon full build out, and the rate of commercial growth will largely be dictated and /or tempered by demand. A commercial rezoning would also increase the tax revenues to the County, both in terms of the real estate and structures. Further, other tax benefits would come in the form of the excise taxes. Understandably, there could be some real property tax consequences for the nearby agriculturally zoned properties. As the assessed valuation of the subject property rises due to the higher commercial use, there could be some fallout to neighboring properties. However, landowner who is intent on keeping its property for residential or agricultural uses would have the option of dedicating its land for residential or agricultural uses. C. Agricultural Impacts Aside from intermittent cattle grazing, the subject site does not have a history of being used for active commercial agricultural purposes. With the exception of the equestrian facility east of the subject site, the surrounding areas consist of a mixture of commercial and residential uses. Further, the soil classification system of the Land Study Bureau designates the site as Class E or "Very Poor ". While it does have agricultural potential, it is not unique from an agricultural resource perspective. Thus, its removal from potential agricultural use should not compromise the agricultural objectives of the County. Given the above, the agricultural impacts resulting from this rezoning should be negligible, if at all. VII. INFRASTRUCTURE CONSIDERATIONS A. Road and Traffic The site fronts both Waikoloa Road and Paniolo Drive. Waikoloa Road is essentially a 2 -lane, 24 -foot wide paved road that extends 13 miles from the Queen Ka'ahumanu Highway to the Mamalahoa Highway (Hawai'i Belt Highway). In this area near the Paniolo Drive intersection, however, there is a median with room sufficient for 2 lanes in each direction. For the moment, however, the makai bound lanes 12 are divided into a dedicated left and through /right lane; the mauka bound lanes is designed to safely accommodate left turn movements from Paniolo Drive and right -turn movements from Pua Melia Street. There is no sidewalk fronting the subject site. Paniolo Drive has an 80 -foot wide right -of -way. There are 4 traveling lanes fronting the site - 2 outbound or heading south and 2 heading north into the Village core. There are also 2 dedicated left turn lanes — one for mauka bound traffic from Paniolo Drive and the other for makai movements heading into the Waikoloa Highlands Center. There are sidewalks on both sides of the street in this area. As part of a condition of rezoning of the Waikoloa Highlands rural - residential project, the developer is obligated to improve the Paniolo Drive/Waikoloa Road intersection with a roundabout system. This must be done prior to receipt of final subdivision approval of any portion of that project. As final subdivision approval has not occurred, the required improvements have not been constructed to date. An updated traffic impact analysis report (TIAR) was prepared for this project and is found in its entirety in Appendix C. The study examined the project's impacts to the Paniolo Drive/Waikoloa Road intersection. It should also be noted that the study a) took into account the possible urban use of the remaining 5 -acre portion of the subject parcel (which is NOT part of this application) and the proposed park; b) the proposed 5 driveway accesses; and c) 2 -way stop (existing) and also roundabout improvements at the Paniolo Drive/Waikoloa Road intersection. The study noted that there are 6 levels of operational conditions. They were defined as: Level of Service A Level of Service B Level of Service C Level of Service D Level of Service E Level of Service F Little or no traffic delays Short traffic delays Average traffic delays Long traffic delays Very long traffic delays Extreme traffic delays The study noted that the intersection with its 2 -way stop currently operates at Level of Service ( "LOS ") B in the AM peak period. This would continue on to LOS "B" and "C" to the year 2030 for the southbound and northbound, respectively. For the PM peak, however, the southbound and northbound movements currently operate at LOS "C" and "D", respectively. By the year 2030, all movements would operate at LOS "F ". Assuming the completion of a roundabout, the LOS for both the AM and PM peaks would operate a LOS "A" in 2015 (the anticipated completion date) and up to 2030. The LOS "A" with a roundabout configuration is predicated upon several assumptions, which were then converted to recommendations. These were: a. Construct the roundabout as currently planned; b. Limit only one full - movement driveway at Paniolo Drive and one at Waikoloa Road furthest from the intersection. The other three proposed driveways, due particularly to their proximity to the intersection should have some measure of restriction, such as right in /right out movements only; c. For the proposed full - movement intersection at Paniolo Drive, ensure that there are 2 northbound and 2 westbound lanes; d. For the proposed full movement intersection at Waikoloa Road, ensure that there are 2 westbound (makai) lanes at Waikoloa Road and 2 eastbound (mauka) lanes, one of which would be a dedicated left-turn lane; and e. If possible, have a separate southbound (makai) right -turn lane from Waikoloa Road that would enable vehicles to bypass the roundabout altogether. B. Water The County Department of Water Supply does not have a water system in this area. Potable water in this area is provided through a private water system owned and operated by Hawaii Water Service Co. aka West Hawai'i Utility Company. The applicant intends to secure its water through this private utility company. Appropriate fees for the construction of the needed infrastructure will also have to be tendered to the utility company. All required water system will be completed prior to issuance of occupancy permit for any portion of the subject area. C. Wastewater Like the area's water system, the wastewater system is also privately owned and operated by Hawai'i Water Service Co. The applicant intends to secure service from this private operator. 14 D. Solid Waste Solid waste will be handled by commercial haulers who will dispose of the refuse at the county landfill at Pu'uanahulu. During the course of preparing the land for this project, the applicant intends to retain as much of the material on the property. This should thus minimize disposal at approved disposal sites. This and other waste reduction methods will be reflected in the required solid waste management plan to help address this situation. E. Other Government Services As this area is already part of an urban area, it already has access to a number of services. All of the required police, fire, and related services are available. Police protective services are provided from the Waimea station, approximately 10 miles away. There is, however, a small substation in Waikoloa located near the golf course. The Fire Station, where emergency medical and paramedical services are also provided, is located on lower Pua Melia Street, located Tess than a 1/2 mile from the subject site. Secondary response can be provided by the South Kohala Fire station located near Mauna Lani. The major medical facility serving this region is the North Hawai'i Community Hospital located in Waimea. It is a full - service, acute care hospital. As this project is a commercial one, it should have little or no direct impacts to schools, parks, and other related facilities. As the project may indirectly generate a school demand, it should be noted that the site is proximate to Waikoloa Elementary School. Students then attend Kealakehe School. Relative to parks, there are plans for a park at the County's Kamakoa workforce housing project. As part of the concept of this application, a 10+ acre site is intended to be provided to the County for a future park and community center as part of Waikoloa Mauka LLC's fair share park and recreation obligation for its planned Waikoloa Highlands subdivision. Essentially, though, considering the nature (commercial versus residential) of this project and its location within an urban village, no extension of government services is really required. Should there be a need or any extension and /or improvements of these infrastructures, they v► ill be done by the applicant. 15 F. Other Utilities All other utilities such as telephone and electrical services are or can be readily made available to the site. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short -Term Uses of Environment and Maintenance and Enhancement of Long-Term Productivity The short -term use of the site would probably be the same as the current use, which is "de facto" open space. This will continue until the proposed improvements are made, which will hopefully begin before the middle part of next year. This project should not result in any significantly adverse short or long- term impacts that cannot be properly mitigated. There will be direct and indirect economic benefits resulting from the construction and implementation of this project. There will be construction jobs created in the short-term and at least 600 full -time equivalent positions created upon full build out. Relatedly, the project will generate increased tax revenues that can supplement the State and County's fiscal resources. Because of its location, this project will provide a service that can be made reasonably accessible to the Waikoloa Community. The required infrastructures will be implemented by the applicant to mitigate potential impacts of this project. B. Irreversible and Irretrievable Commitment of Resources The area of the requested rezoning has already been disturbed due to its prior cattle grazing use. The site also has a paucity of botanical resources. An archaeological survey also did not reveal any sites. As such, the commitment of natural or other resources (such as botanical, avifaunal, and archaeological) would not appear to be significant. However, if there are inadvertent finds, they will be treated pursuant to acceptable practices and policies of the State. C. Mitigative Measures The applicant intends to provide any required off and on -site infrastructure in conjunction with the development of this project. These will include on -site drainage system, landscaping, water, and wastewater improvements. All of these will be done in conjunction with the permitting and permit implementation phases of this project. Off- 16 site traffic - related improvements along Paniolo Avenue and Waikoloa Road will also be provided. If any inadvertent cultural or archaeological discoveries are made during any phase of this project, the Planning Department and State Historic Preservation Division will be notified and appropriate mitigation will be taken before work is resumed. Landscaping will also be incorporated within the project site, as well as along the boundaries adjacent to residential properties. The landscaping would be consistent with the Planning Department's landscaping rules. D. Alternatives to the Proposed Project 1. No Project Under the status quo alternative, the site would remain in its de facto present vacant, cleared use. The opportunity to support the planned dedication of a county park site would also be diminished. Under this scenario, the site would not be utilized to its highest and best use, as envisioned by the General Plan and the commercial growth of the general area. 2. Development Based on Existing A -5a Zoning Under this alternative, the area of the requested zoning may still not be utilized in a manner that helps the broader community. The site would probably be subdivided into 3 Tots. While rural- residential lots would still be useful, their use would preclude uses that would be supportive of the area's growing commercial and park and recreational needs. 3. Rural Residential Rezoning Another option could be to utilize this site for a rural - residential project. While that would still be consistent with the General LUPAG's map Medium Density designation, this option may not be really desirable from a noise perspective, given its proximity to the Highway. Furthermore, there is a dearth of undeveloped lots in this area, while park and recreational and commercial uses appear to be wanting. 17 4. Evaluation of Alternatives Leaving the property in its current state would not maximize the use of the land. The land could be subdivided for rural - residential uses, but their use would preclude providing an opportunity to better address the park and recreational and commercial needs of the community. There would also be diminished tax revenues and fewer services to the public. While alternative residential densities are possible, those uses may not be really desirable, given its proximity to the Highway. Neither of the above alternatives could deliver some relief to the traffic condition as would the requested commercial project. The proposed project would make improvements along Paniolo Drive and Waikoloa Road and, if needed, their intersection. Then, too, the use would provide opportunities for much needed commercial and park and recreational uses within Waikoloa Village. In that regard, the project in totality would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested CV -20 zoning alternative. IX. REGULATORY ANALYSIS - County and State Land Use Policies A. General Plan LUPAG Map The General Plan provides for the long -range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. A broad brush interpretation of the LUPAG map suggests that a Medium Density designation. It is a designation that allows the requested CV -20 zoning. Accordingly, this request would generally be consistent with the LUPAG map. B. General Plan Policies The requested zoning would be consistent with the goals, policies, and standards of the Economic and Land Use Elements of the General Plan. Specifically, the more pertinent ones follow: 18 Economic Element Goals • Provide residents with opportunities to improve their quality of life. • Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. • The County of Hawaii shall strive for diversity and stability in its economic system. • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Policies • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. • The County shall strive for an economic climate which provides its residents an opportunity for choice of occupation. • The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. • The County shall encourage the development of a visitor industry which is consistent with the social, physical, and economic goals of the residents of the County. Land Use Element (Commercial) Goals • Provide for commercial developments that maximize convenience to its users. • Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. Policies • 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. • Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. • The development of commercial facilities should be designed to fit into the locale with minimum intrusion while providing the desired services. Appropriate infrastructure and design controls shall be incorporated into the review of such developments Standards • Commercial developments shall be located in areas adequately served by transportation, utilities, and amenities. Commercial developments shall provide for adequate internal circulation amongst commercial facilities in the area. • Off - street parking and loading facilities shall be provided. • Commercial development shall maintain or improve the quality of the present environment through the consideration of visual, access, landscaping, and other design elements in their development. • Preference shall be given to commercial lands with a reasonably level topography. Discussion If approved, the project would provide needed services to Waikoloa Village and indirectly, the region. Its location is ideal to service the surrounding commercial and residential uses in this area. Its location is very accessible to the community from a vehicular and pedestrian perspective. Relatedly, all required infrastructures are there or, if not, will be provided by the applicant without taxing government's servicing ability. Further, while the site has some on -site developmental constraints, they are not insurmountable. The site is designated "X" on the FIRM map, and as such flood issues are generally nonexistent or one that can be accommodated through normal county requirements. There are also no known archaeological or cultural features on the property that would be adversely impacted. If there are inadvertent archaeological features found on the site, work will stop and the State DLNR and County Planning Department will be consulted before further activities occur within the affected area. Although there may be a potential for some endemic birds to visit this area, the development of this site would not remove a critical habitat. Then, too, there are alternative areas that would be more suitable for any habitats. Finally, all structures will be built to comply with the Zoning Code standards, such as parking, setback, height, landscaping, and so forth. C. South Kohala Community Development Plan ( "CDP ") Relative to the South Kohala CDP, Section 15.1 of the County General Plan called for the development and eventual County Council adoption of Community Development Plans. The General Plan states that the CDP "will translate the broad General Plan statements to specific actions as they apply to specific geographical areas." Pursuant to the above, the South Kohala CDP was developed and subsequently adopted by the County Council on November 20, 2008 (Ordinance No. 2008 -159). The CDP outlined five (5) general policies and a varying number of sub - policies within each general policy for the South Kohala District. The relationship of the proposed rezoning with the general and applicable sub - policies is described below. 1. Preserve the culture and sense of place of South Kohala communities While there are no known archaeological or cultural features or sites on the subject site, the project — indirectly — will be providing an opportunity for much needed park and recreational space. A 10+ acre of the 31 -acre parcel is planned to be eventually dedicated to the County as part of Waikoloa Mauka, LLC's fair share obligation for its planned 390+ lot Waikoloa Highlands rural - residential project. The proposed rezoning would facilitate the development of the needed infrastructure to service this proposed park site. 21 2. Provide for the transportation and circulation needs of the South Kohala community and for commuters to /from South Kohala Within the project site, accommodations for bike paths and transit stations can be made. Cross access within the project between Waikoloa Road and Paniolo Drive will also be provided to improve overall traffic and pedestrian circulation in this area. 3. Provide affordable and workforce housing resources for low and moderate income individuals, families, and for those residents of South Kohala with special needs. As this is a commercial project, this policy is not specifically applicable. However, it will provide employment opportunities and making more people gainfully employed. In so doing, these opportunities could then indirectly help minimize the need of transitional homes. 4. Develop programs and standards that will protect the South Kohala community from natural hazards, including major storms, flooding, tsunami, lava flows, and wildfires. As outlined in one of the sub - policies, "firewise landscaping principles" could be applied within the project area, including fire and drought tolerant plants and native plants. Further, the proposed park site would be more than sufficient to accommodate a gymnasium, a facility that conceivably could be used as an emergency shelter. 5. Develop guidelines and programs that promote environmental stewardship and the concept of sustainability Water conservation measures could be developed and implemented in conjunction with the development of this project. These could come in the form of xeriscape landscaping, use of recycled water, use of solar, design measures to accommodate wind and sun patterns. To assure protection of the groundwater, the project will be hooked up to the private wastewater system, a system that is approved and monitored by the State Department of Health. As it relates to Waikoloa Village, the CDP's Waikoloa Village Conceptual Plan identifies the subject area Agriculture and as a "Community Center and Park Alternative #2." The plan also notes that the subject area is proximate to existing commercial areas and "These additional sites could provide for still more retail commercial facilities." 22 The CDP also articulated four (4) policies for Waikoloa. A discussion of these policies and pertinent strategies as they might relate to the proposed project is discussed below. 1. Provide needed infrastructure and community facilities for a growing community As noted earlier, the project will result in facilitating the dedication of 10 acres of land to the County for use as a park and possibly community center. This area has been identified as one of those areas suitable for such use. None of the other alternative sites are available, making this the only realistic option, one without requiring its cash acquisition through the use of public funds. The development of the proposed commercial area will also provide the needed and /or basic infrastructure to the proposed park site. Further, the site would make possible the development of a gym, which could also be used for an emergency shelter. One of the other strategies (Strategy 1.4) called for the development of a commercial center with shops, stores, and small business opportunities. While there is a commercially zoned area below the post office (formally owned by Metric Holdings), nothing has materialized. The proposed development already has had strong interests from a bona fide drug store and hardware store. Having these uses on the proposed site would be consistent with this strategy. 2. Environmental stewardship, sense of place, open space As intimated earlier, the project intends to implement, wherever feasible, the principles of energy conservation and sustainability through its design and landscaping. Alternative ways to supplement the project's power needs, such as through the use of solar or wind power, will also be investigated and, if feasible, implemented. 3. Provide transportation and circulation improvements in a timely manner The proposed project will incorporate bikeways throughout its project. In making any mandated off -site road improvements, bikeways could also be designed and implemented. 4. Encourage affordable housing and smart growth As this is a commercial project, this policy is not directly applicable. 23 D. Zoning If the request were approved, the site would be developed into a village commercial center that would provide spaces for small businesses as well. All structures and improvements would be developed consistent with the Zoning Code. No variances from the Code are anticipated. E. Hawaii State Plan Chapter 226, Hawaii Revised Statutes, outlines the long -range goals and policies of the Hawaii State Plan. Said Plan is intended to serve as a guide for the growth and future long -range development of the State. Pursuant to said requirement, a discussion of the pertinent policies and goals and the project's relationship follows: Goals • A strong, viable economy characterized by stability, diversity, and growth that enables the fulfillment of the needs and expectations of Hawaii's present and future generations • A desired physical environment characterized by beauty, cleanliness, quiet, stable and natural systems, and uniqueness that enhances the mental and physical well -being of the people • Physical, social and economic welt -being for individuals and families that nourishes a sense of community responsibility and caring of participation in family life. Discussion The proposed retail complex would achieve these goals. It would provide both direct and indirect employment opportunities for current and future residents of the island; contribute to the island's overall tax base and hence, increase both State and County revenues; and complement and support other economic uses — particularly the proposed park and community center - and, in turn, contribute to the stability, diversity, and growth of local and regional economies. This employment opportunity would come without adversely affecting the environment. There is no known wildlife or plant life listed as either endangered or threatened on the subject site. Then, too, there are no known archaeological or cultural features on the site. If there are inadvertent finds, appropriate mitigative protocols will be taken. 24 Impacts to the surrounding areas would also not be significantly adverse. All required infrastructures will be in place by the applicant prior to occupancy of any portion of the project. These include traffic improvements, and the wastewater and water systems. Furthermore, the provision and /or retention of natural landscaped buffers around the perimeter of and selected portions within the project site would also help mitigate any adverse visual and noise impacts to neighboring residential or agricultural properties. F. Hawaii Coastal Zone Management Program The objectives of the Hawaii Coastal Zone Management (CZM) Program are outlined in Chapter 205a, Hawaii Revised Statutes. The principal goal is to assure the protection and maintenance of the State's coastal resources. Although the entire State falls within the CZM area, the permitting process is geared for those areas proximate to the coast and identified by the County as the Special Management Area. Nonetheless, a general review of a project's consistency to the CZM policies - regardless of its location - must still be made. In that regard, please note the following: • The proposed project will not have any substantial adverse environmental or ecological effect. (Please refer to discussions in Chapters V, VI, and VII). Any effect that may result will be minimized to the extent practicable and will be clearly outweighed by public interest. • The proposed development would be consistent with the objectives of the CZM program. Specifically: • there would be no impact to the area's recreational resources. This is not a shoreline property; • there are no known historical or cultural features on the property. • the project will not affect any scenic and open space resources; • the coastal ecosystem will not be impacted; • there will be more employment opportunities, and hence furthering the economic uses of the site; 25 • the site is more than five (5) miles from the shoreline, and thus there would be no coastal hazard or beach erosion or marine resource impacts; and • public participation will be achieved through the hearings on this request. • The proposed development is consistent with the County General Plan, South Kohala Community Development Plan, and other appropriate regulatory tools, such as the Zoning Code. H. State Land Use Urban Standards As the requested area covers less than fifteen (15) acres, the County can process the request. Pursuant to the Planning Commission Rule No. 13, the request must meet certain standards. These standards and their justification follow. 1. Conformity to the General Plan The project's relationship and conformity are demonstrated in Chapter IX, A and B above. 2. Relationship to State Land Use Urban District Standards The State Land Use Commission's Rules provide the standards for determining the Urban district boundaries (Section 15- 15 -18). Their relationship to this request is noted as follows: a. "City- Like" Characteristics A concentration of people, structures, streets, and rural /urban level of services characterize this area. There are residences in this area; a neighborhood commercial center, post office, and other urban type of uses adjoining and /or proximate to the subject site. b. Factors of Urban Characteristics The site is proximate to centers of trading and employment. It is within an area where there are existing commercial and residential uses and intended to serve as one of future employment center for Waikoloa Village. All of the related urban amenities and services are located within the village. Some of these services — like medical — are located at least 7 miles away in Waimea. Nevertheless, it is maintained that 26 basic governmental and utility services are readily available to this area. This reclassification will not necessarily result in providing a sufficient urban reserve area for growth, as the applicant intends to develop at least portions of the property immediately. Further, the site represents more of an "in- filling ", as the area surrounding the site is owned by the Waikoloa Village Association and is intended to be kept open. c. Natural Hazards Topographically, the site is suitable for development. It does not have slopes in excess of 20 degrees. The site has no known unstable soil condition. Although there is a gulch that bisects a portion of the subject property, it does not directly affect the area of the proposed rezoning and /or reclassification. The subject area is designated Zone X on the FIRM map. It is outside of the tsunami zone and is not located within the high volcanic hazard area. It is located within Zone 3, comparable to other parts of South Kohala. Although within the highest seismic zone (Zone 4), all improvements will be designed to meet with the prevailing building code. The applicable code is predicated on zone 4. d. Contiguous to Urban Areas e. Although the site is not physically contiguous to an urban area, it is functionally contiguous. There are urban uses just across the street of the subject site, less than 80 feet away. Relationship to County Growth Plans This site does not represent the creation of a new urban concentration, as the surrounding area is already an urban -like environment. The subject site is designated on the General Plan LUPAG map for Medium Density Urban uses. The requested Commercial - Village zone is thus consistent with the General Plan, especially its policies. f. "Scatterization" Impact As the site does conform to the standards described earlier, this standard really does not apply. This applies to a situation where an 27 amendment creates a potential "spot" zoning and thereby increasing the need to extend public services at considerable taxpayers' expense. In this situation, the general area is already urban in character, and the subject site is contiguous to this developing area. Its development should thus not result in the expansion or extension of government services. g. Slope of Property There is a benign slope running in a mauka / makai direction. However, the difference is less than 10 percent. The slope would not render the site undevelopable or pose an extraordinary development risk. Accordingly, the development of this site would not be violative of the "more than 20% slope" standard. ® APPENDIX A Letter — Pete Hoffmann, Councilman Letter- Robert Fitzgerald, Parks.and Recreation Director PETE HOFFMANN Councilrnember District 9 — North & South Kohala Mr. Sidney Fuke 100 Pauahi Street, Suite 212 Hilo, HI 96720 Dear Mr. Fuke: Hawai `i County Council County of Hawai Holonzua Center 64 -1067 Wnzalahoa Highway, Suite C -6 Kamuela, Hawaii 96743 Phone: (808) 887 -2043 (Waimea) (808) 961 -8273 (Hilo) Fax: (808) 887 -2072 Email: phoffmann @co.hawaii.hi.us Subject: Proposed W ailrm. loa..Viliage-.Par1t/C.ommunity. C.ezi:ter.Site• TMK: 6.8 -00.2: 021 January 27, 2010 I recognize that you, on behalf of the owner of the subject parcel - Waikoloa Mauka, .LLC — has had numerous meetings with, appropriate County agencies, members of the Waikoloa community and myself regarding a possible 1p acre park/community site. While a number of sites were investigated, it appears now that the discussion �h s been narrowed down to a 10 acre portion of a 31-+ acre site located generally at the noftheast corner of Waikoloa Road and Paniolo Drive. If accepted, this site is intended to help fulfil some of Wakilo�a`.1VCa`� ka; LLC's entitlernent obligation (particularly its recreational fair share obligation for a proposed 390 + 1 -acre lot subdivision). While the County still needs to pin down the exact configuration and location of this 10 -acre area within the 31+ acre .parcel, please be informed that absent any other reasonable alternative sites, I strongly support a park/community center at this location. My sense is that most of the residents of Waikoloa community share my position. I am aware of the landowner's intent to commercialize much of the remaining area. Hopefully, an overall site plan can be. developed that would incorporate the park site and 'the landowner's plans and consequently, result in a "win /win" for all parties. In. that regard, I look forward `to meeting with you again in the very near-future to help finalize the location and other terms of this effort and hopefully bring this project to fruition as soon as possible. Please keep me inforrned. Thank you very much. Pete Hbifln. ri Councilman District .9 North & South '_ :;' :.a • PH /mka Serving the Interests -- ;Tc;� o; uur Isiand Hawaii County is an Equal Opportunity Provider and Employer William P. Kenoi Mayor County of atuae t DEPARTMENT OF PARKS AND RECREATION 101 Pauahi Street, Suite 6 • Hilo, Hawai'i 96720 (808) 961 -8311 • Fax (808) 961 -8411 January 27, 2010 Mr. Sidney Fuke 100 Pauahi Street, Suite 212 Hilo, HI 96720 Dear Mr. Fuke: Robert A. Fitzgerald Director Subject: Proposed Waikoloa Village Park/Community Center Site TMK: 6 -8- 002: 021 Clayton S. Houma Deputy Director It is my understanding that you, on behalf of the owner of the subject parcel - Waikoloa Mauka, LLC — have had numerous meetings with my office, other appropriate County agencies, Council Member Pete Hoffmann, and members of the Waikoloa community regarding a possible 10 acre park/community site. The proposed site is a portion of a 31+ acre site located generally at the northeastern corner of Waikoloa Road and Paniolo Drive. If accepted, this site is intended to help fulfill some of Waikoloa Mauka; LLC's entitlement obligation (particularly its recreational fair share obligation for a proposed 390 + 1 -acre lot subdivision). While we still need to finalize the exact configuration and location of this 10 -acre area within the 31+ acre parcel, please be informed that we are in support of a park/community center at this location.' As such, at our meeting of December 4th, we asked you to preliminarily identify the proposed 10 acres. Knowing the landowner's intent to commercialize much of the remaining area, we would hope to see a layout that can be a beneficial for all affected parties. In that regard, we are anxious to meet again in the very near future to finalize the location and other terms of this effort and hopefully bring this project to fruition. Please keep me informed. Sincerely, Robert A. Fitzgerald Director cc: Bobby Jean Leithead -Todd, Planning Director Nancy Crawford, Finance Director My Documents \Park Projects \Waikoloa Community Prk — Sidney Fuke — 1- 28- 10.doc County of Hawaii is an Equal Opportunity Provider and Employer. APPENDIX B Archaeological Assessment Report Haun and Associates July 2010 Haun & Associates Archaeological, Cultural, and Historical Resource Management Services 73 -1168 Kahuna A`o Road, Kailua -Kona, Hawai`i 96740 Phone: 982 -7755 Fax: 325 -1520 July 27, 2010 Project 759 Pua Aiu, PhD., SHPD Administrator State Historic Preservation Division Department of Land and Natural Resources 601 Kamokila Boulevard, Suite 555 Kapolei, Hawaii 96707 Subject: Draft Archaeological Assessment TMK: (3) 6- 8- 02:021, Land of Waikoloa South kohala District, Island of Hawaii Dear Ms. Aiu: As requested in the Division's May 4, 2010 Memorandum, the subject draft report was submitted Hawaii Island SHPD office along with a copy of this letter and the attached submittal sheet. Also enclosed is a check for the review fee (Check No. 103321; $50.00). If you have any questions, or require additional information, please contact me at (808) 982 -7755. Sincer y an E. HCun,�Ph.D. Principal Investigator Encl. Report (cover), Submittal Sheet, Check cc: Theresa Donham, SHPD Hawai`i Island Lead Archaeologist Hawaii Rainforest, LLC Report 759 - 072210 ARCHAEOLOGICAL ASSESSMENT PORTION OF TM:K: (3) 6 -8- 02:021 LAND OF WAIKOLOA SOUTH KOHALA DISTRICT ISLAND OF HAWAII ed for: verbend, Box 3181 Saratoga, California 95070 July 2010 Haun &Associates Archaeological, Cultural, and Historical Resource Management Services 73 -1168 Kahuna A`o Road, Kailua -Kona Hawaii 96740 Phone: 325 -2402 Fax: 325 -1520 Introduction At the request of Hawaiian Riverbend, LLC, Haun & Associates prepared this archaeological assessment for TMK: (3) 6 -8- 02:21, a 31.322 -acre parcel located in Waikoloa Ahupua`a, South Kohala District, Island of Hawai`i (Figures 1 and 2). The objective of the assessment is to satisfy historic preservation regulatory review requirements of the Department of Land and Natural Resources - Historic Preservation Division (DLNR - SHPD), as contained within Hawaii Administrative Rules, Title 13, DLNR, Subtitle 13, State Historic Preservation Rules (2003). No archaeological sites or features were identified during the assessment survey, therefore the project is documented as an archaeological assessment pursuant to Chapter 13- 284- 5(5A). As required, this report contains a description of the project area, background and field methods. Project Area Description The project area consists of a rectangular - shaped parcel of undeveloped land with a linear projection along the southern side. The parcel is situated on the northeast side of the intersection of Waikoloa Road and Paniolo Avenue, adjacent to Waikoloa Village (Figure 3). Waikoloa Road extends along the southwest boundary and Paniolo Road and a row of condominiums extend along the northwest side. An existing stable facility is located on the east side of the parcel and undeveloped land borders the north and northeast sides. A branch of Auwaiakewakua Stream extends through the northern portion of the parcel in an inland- seaward direction (Figure 4). The elevation ranges from approximately 990 ft to 1,045 ft. Two soil types are present within the project area. The majority of the parcel, located south of Auwaiakewakua Stream, consists of Kawaihae Extremely Stony Very Fine Sandy Loam on 6 -12% slopes. This soil type consists of approximately 2 inches of a dark reddish brown sandy loam over a subsoil of a dark reddish brown to dusky -red silt loam above pahoehoe bedrock (Sato et al. 1983:26). This soil has moderate permeability, a medium runoff and a moderate erosion hazard and is classified as suitable for pasture, wildlife habitat and recreation. The soil type on the north side of the stream is Very Stony Land, which is described by Sato et al. (1973:52) as "...a miscellaneous land type consisting of very shallow soil material and a high proportion of Aa lava outcrops ". This soil exhibits a slight erosion hazard and is classified as suitable for pasture, watershed and wildlife habitat. According to Wolfe and Morris, the lava flows in the area were deposited during the Pleistocene from Hamakua Volcano with the flows consisting of "aa and pahoehoe from vents widely distributed over the subaerial flanks of the volcano" (2001:52). Vegetation within the area consists of low grass with scattered kiawe (Prosopis pallida), koa haole (Leucaena glauca), and llima (Sida fallax Waip.) Rainfall in the vicinity of the project area averages less than 10 inches per year (Juvik and Juvik 1998:57). An overview of the project area is presented in Figure 5. Methods The survey fieldwork was conducted by Project Supervisors Juliana Kailihiwa, B.A. and Solomon Kailihiwa, B.A. under the direction of Dr. Alan Haun on July 16, 2010. Approximately 10 person hours were required to complete the fieldwork portion of the project. The archaeological investigation consisted of a 100% surface examination with the surveyors spaced at 10 -meter intervals. Ground surface visibility throughout the project area was excellent. No subsurface testing was conducted and no cultural remains were recovered for analysis. 1 1 Figure 1. Portion of USGS Anaehoomalu Quadrangle showing Project Area 2 W 16 7L v. t�...•. Project Area INSET G' SRALC. 11 H. • ZOO FL. y'AIA. Q4 WI)ASI. W. * ASI•sSI'M A■nr1 u TAX MAPSAMUNCM NCH RTAX MAP 1 TASATION CIO C7 POO WAIKOLOA, SOUTH KONALA, . NAWA11,. (newly ;'OM..6 8 Ol Figure 2. Tax Map Key 6 -8 -02 Showiing Project Area FOR PROPERTY 4SSUSS.MINT'116RPOSI SYSTICT•TO CNANOR ,. Figure 3. Aerial View of Project Area (from Google Earth) Figure 4. Auwaiakewakua Stream Drainage, view to north Figure 5. Project Area Overview, view to north Background Historical Documentary Research Haun et al. (2003), Welch (1989) and Barrere (1971, 1983) discuss the traditional land divisions of Waikoloa and the adjacent lands of Kalahuipua`a, and `Anaeho`omalu. Their research focused on Land Commission Award (LCA) testimony, Boundary Commission testimony, and other historic documents. In earlier times, Waimea was a sub - district of Kohala that included all of the land in the district south of Waikoloa Stream. Waimea was composed of eight subdivisions with the majority of the district being composed of the `ili of Waikoloa and Pu'ukapu. The remainder consisted of the `ili of Wai`aka, Lalamilo, `Anaeho`omalu, Kalahuipua`a, Puako, and Ouli. At the Mahele, Waikoloa was deemed Crown Land, of which Isaac Davis received a large portion. Waikoloa (LCA 8521 -B) was sometimes referred to as "Waikoloa Nui" and "Waikoloa Iki ", differentiating between Davis' land and Crown Land, respectively (Figure 6). The Crown Land portion later became known as Lalamilo and Davis' portion as simply Waikoloa. The coastal lands of `Anaeho`omalu and Kalahuipua'a were retained by the Crown as `ili kupono. Kamehameha III gave these lands to his wife Ka lama (LCA 4452). `Anaeho`omalu was claimed by Kahenehene (LCA 4100), but she relinquished it (Maly 2000:19). Traditional and legendary references to `Anaeho`omalu, located seaward of the project area, are presented in detail by Maly (2000) and Barrere (1971) and are summarized here. According to legendary accounts in about the thirteenth century, Kama`iole, a cruel chief, was killed in a battle at `Anaeho`omalu. During the same period, fishing and salt making are described. In the sixteenth century, the Hawai`i Island ruler Lono -i -ka- makahiki, the grandson of `Umi- a- Liloa, put down a revolt by a group of rebel chiefs who were encamped at `Anaeho`omalu. Lono -i -ka- makahiki erected an altar, Ke -Ahu -a Lono, on the boundary between Kona and Kohala at `Anaeho`omalu to consecrate a cooperative covenant between the chief and his trusted advisor, Kapaihiahilina, who had been slandered. The altar was built at the time Lono- i- ka- makahiki was preparing to battle the invading forces of the Maui king Kama - lala -walu. Early historic accounts from Cook's voyage in 1779 and Arago in 1819 describe the general vicinity as desolate and sparsely inhabited based on observations made from the ships (Maly 2000). Ellis traveled from Kawaihae to Kailua by canoe in 1823 stopping at Puako and at Kapalaoa, a small settlement a short distance south of `Anaeho`omalu. Kahenehene's (LCA 4100) 1848 claim testimony for a parcel at `Anaeho`omalu describes kou and coconut trees and salt making ponds (Maly 2000). The claim included four houses that were enclosed. Boundary Commission testimony from 1873 describes a small heiau called Hiakalaihi at the coast on the boundary between `Anaeho`omalu and Puuanahulu. Ke -Ahu -a Lono was situated inland of the heiau. A large rock called Pohakuloa at the coast was described as marking the boundary between `Anaeho`omalu and Kalahuipua`a. John Palmer Parker settled in Hawai`i in 1815 and became a renowned bullock hunter (Haun et al. 2003). He became friends with John Young and spent much of his early years at Kealakekua, where Kamehameha held court. After the death of Kamehameha in 1819, Parker moved to Waiapuka in Kohala with his ali `i wife, Kipikane and their new -born daughter (Wellmon 1970: 20 -26). In 1850, John Parker purchased 640 acres of land at Mana from the Hawaiian Government. The following year, Parker purchased an additional 1,000 acres. In 1852, Kamehameha III granted a lease to Parker for the lands of Waikoloa, giving Parker the competitive edge to control the developing ranching industry (Wellmon 1970:75). Parker's grandson, Samuel Parker, purchased `Anaeho`omalu and Kalahuipua'a from the estate of Charles Kanaina, Queen Kalama's uncle, in 1878 (Barrere 1971). These lands were used by the ranch for recreation, fishing, and aquaculture. 6 LALAMILO Wong Smith — — Puako ) (2009) Bay y Moore et al. (2001) Moore and Kennedy (2003) �HELCO Easement (Moore et aL 2001and Haun et al. 2010a) .(---- Bank (19813) 4141141111111111111101 KALAHUIPUA'A LCA 4452 to H. Kalama ANA GHOOMALU t\ LCA 4452 to H. Kalama " y Anaehoomalu Bay 0 s Schilz and Shun (1992) Haun et al.(2010a) Potable Water Easement (Haun et al. 2010a, 2010b) It—Project Area WAIKOLOA (LCA 8512B to Hueu) (Royal Patent Grant 5671) PUUKAPU PAULAMA IIOIIOAINA P UK AI.AN1 / / ■ L_ / \ / PUUAN.AHULU \ / PAAUHAU \ / \ / \ \\ / KAHOE3 0 KAHOE4 1 000ft \ •-, \ 4000- \ — — — — — Ahupua'a Boundary N. KA HOE 5 Figure 6. Ahupua'a Boundaries, Land Commission Awards and Previous Archaeological Studies In the early 1900s, the Parker family acquired Waikoloa and Ouli in fee - simple, giving them 100,000 acres of grazing land (Wellmon 1970: 75). Alfred W. Carter, guardian of Thelma Parker and manager of Parker Ranch, did much to aid ranching by improving cattle stock, conserve tree -less ranch lands by planting new and better grasses, and organizing the Hawai`i Meat Company to provide ranchers an outlet to market their beef and beef products (Brundage 1971:59,28). The ranch sold Kalahuipua`a and `Anaeho`omalu to Francis I`i Brown in 1936 (Maly 1999:126). Mr. Carter managed Parker Ranch until 1937 when his son, Hartwell Carter took over the position of ranch manager and remained in that capacity for the next twenty -five years. As a major supplier, Parker Ranch played a pivotal role in providing beef and mutton to the Aimed Forces in Hawai`i during both WWI and WWII. The Waikoloa Maneuver Area, an area of 91,000 acres, was acquired by the U.S. Navy in December 1943 through a license agreement with Richard Smart of Parker Ranch for the sum of $1.00 (Brundage 1971: 109). The training area extended from the ocean to the Pohakuloa Training Area, and from the Waimea - Kawaihae Road to south of the Waikoloa Road. The area was used for military exercises including the use of live ammunition and other explosives. The land was returned to Parker Ranch in September 1946. Previous Archaeological Work Several archaeological studies have been conducted in the vicinity of the project area. The locations of these investigations are depicted in Figure 6. Bonk (1988) conducted a reconnaissance survey of c. 580 acres just north of Waikoloa Village. This survey identified numerous WWII era military shrapnel fragments although no archaeological sites or features were designated. A survey of c. 3,000 -acres of Waikoloa located seaward of the project area was undertaken by Schilz and Shun (1992). This survey identified 13 sites with 34 features; however, only one site was assigned a SIHP site designation. The designated site consists of a burial cave located c. 1,300 m south - southwest of the project area at c. 580 ft elevation. The 12 remaining sites were designated as modern military features consisting of cairns, walled shelters, rock mounds and C- shaped enclosures. According to the authors, the paucity of archaeological sites was not surprising as the terrain was, "too rugged and inhospitable for human use and habitation" (1992:21). Wong -Smith (2009) conducted a survey of an historic cattle trail in Waikoloa, inland of the Queen Ka`ahumanu Highway within the Schilz and Shun (1992) project area. A subsequent archaeological inventory survey of a c. 1000 -acre portion of the Schilz and Shun (1992) study area and a 50 ft wide HELCO easement was conducted by Archaeological Consultants of the Pacific (Moore et al. 2001). This survey identified ten sites with 15 features consisting of a hearth, a trail segment leading to a small stone quarry, three ahu (cairns) along a jeep trail, several C- shaped walls with associated ahu, a rock shelter, a large ahu and a modern fire pit. These features are all located in the seaward portion of the study area, below c. 400 ft elevation. The survey of the HELCO easement noted shrapnel and a piece of unexploded ordnance, none of which were assigned site numbers. Data Recovery excavations were subsequently undertaken at one of the ten sites noted within the 1000 -acre survey area (Moore and Kennedy 2003). The excavations at the rock shelter yielded food remains and stone tools along with a large number of seabird remains. The amount of seabird remains recovered suggested that this shelter was associated with the harvesting of seabirds in the immediate area, and that the C- shapes with associated ahu noted during the inventory survey could have served as hunting blinds for those involved in seabird catching activities. Radiocarbon dating indicates utilization of this site as early as the 1300s AD. Haun et al. (2010a, 2010b) conducted an archaeological assessment of ten locations within the Moore et al. (2001) study area in conjunction with the preparation of a Cultural Impact Assessment (CIA). The ten locations consisted of a proposed potable water easement, a portion of an existing HELCO easement, seven stream crossings and a portion of `Auwaiakeakua Stream Gulch. No archaeological sites or features were identified. 8 In aggregate, these archaeological studies surveyed a total of 3,580 -acres within the vicinity of the present project area; however, only 11 sites with 15 features were identified. These findings indicate that an extremely low site density of one site per 325 acres or 0.003 sites per acre characterizes this area of Waikoloa Ahupua`a. Findings No archaeological sites or features were identified within the project area. Two stacked stones were identified in the central portion of the project area (see Figure 3). The stack consists of two small weathered basalt boulders stacked one on top of the other on top of a low outcrop (Figure 7). The stack is 0.55 by 0.47 m wide at the base, 0.39 by 0.3 m wide at the top and 0.67 m in height. A small piece of faded orange and white striped flagging tape is lodged between the two stacked stones. The stones are loose and not very stable suggesting recent placement to form marker. The flagging tape fragment potentially supports this interpretation. Figure 7. Stacked Stones, view to east - northeast The absence of archaeological sites within the parcel is likely attributable to the rugged and arid conditions within the area. As discussed above, the extremely low density of archaeological remains in this area is well documented by previous studies and the negative fmdings from the present project are not unexpected. No further archaeological work is recommended, based on the survey results. 9 i i 1 1 1 i i i i References Barrere, D. 1971 Anaeho `omalu — A Reconstruction of Its History. Appendix A. in "Anaehoomalu: A Hawaiian Oasis. Preliminary Report of Salvage Research in South Kohala, Hawaii". Pacific Anthropological Records No. 15. Department of Anthropology, B.P. Bishop Museum, Honolulu 1983 "Notes on the Lands of Waimea and Kawaihae." In, Jeffrey T. Clark and Patrick V. Kirch Archaeological Investigations of the Mudlane- Waimea - Kawaihae Road Corridor, Island of Hawai`i.- An Interdisciplinary Study of an Environmental Transect, pp. 25 -38. Department of Anthropology, Bernice Pauahi Bishop Museum. Honolulu, Hawai`i. Bonk, W. 1988 An Archaeological Reconnaissance Survey at Waikoloa Village, South Kohala, Hawaii. Prepared for Belt, Collins & Associates. Brundage, L. 1971 Alfred W Carter Hawai `i's Dean of Cattlemen and Notes on Hawaiian Livestock. Privately printed, Kamuela, Hawai`i. DLNR (Department of Land and Natural Resources) 2003 Hawaii Administrative Rules, Title 13, Department of Land and Natural Resources, State Historic Preservation Division. Haun, A., D. Henry and K. McGuire 2003 Archaeological Inventory Survey, DHHL Residential Development at Lalamilo, South Kohala District, Island of Hawaii (TMK: 6 -6- 01:10, 54 and 77, 6 -6- 04:12 -17). Haun & Associates Report 116-071203 prepared for PBR Hawaii, Hilo. Haun, A., D. Henry and S. Kailihiwa 2010a Addendum to Cultural Impact Assessment, For DW `Aina Lea Development, Land of Waikoloa, South Kohala District, Island of Hawaii. Haun & Associates Report 712 prepared for DW `Aina Le'a Development. 2010b Archaeological Assessment, Portion of TMK: (3) 6 -8- 02:19, Land of Waikoloa, South Kohala District, Island of Hawaii. Haun & Associates Report 712 prepared for DW `Aina Lea Development. Juvik, S.P. and J.O. Juvik (editors) 1998 Atlas of Hawaii, Third Edition. University of Hawaii Press. Honolulu. Maly, K. 1999 Na `ala Hele Ma Kai 0 Kohala Hema (The Coastal Trails of South Kohala), Archival- Historical Documentary Research, Oral History- Consultation Study and Limited Site Preservation Plan, Kawaihae- Anaeho`omalu Trail Section. Lands of Kawaihae 2, Ouli, Lalamilo, Waikoloa, Puako, Waima, Kalahuipua'a and Anaeho`omalu, District of Kohala, Island of Hawaii (TMK: Overview Sheets: 6 -2, 6 -8 & 6 -9). Kumu Pono Associates report prepared for Na Ala Hele Program (Hawaii Island), State Division of Forestry and Wildlife. 2000 A Historical Overview: Ka 71i Aina 0 Anaeho`omalu Ma Waimea, Kohala Hema (The Land of `Anaeho`omalu at Waimea, South Kohala), Island of Hawaii (TMK: 6 -9- 07:15). Kumu Pono Associates report prepared for Sidney Fuke Planning Consultant, Hilo. Moore, J.R., B. Ostroff, and J. Kennedy 2001 An Archaeological Inventory Survey Report for the Bridge `Aina Lea Residential Golf Community Development Located at TMK: 6 -8 -01: 25, 36, 37, 38, 39 & 40 (Pors.), in the Ahupua`a of 10 Waikoloa, District of South Kohala, Island of Hawai`i , January 2001. Prepared for Bridge Capitol, Inc. Moore, J.R. and J. Kennedy 2003 An Archaeological Data Recovery Report for the Bridge `Aina Lea Residential Golf Community Development Located at TMK: 6 -8- 01:25, 36, 37, 38, 39 & 40, in the Ahupua`a of Waikoloa, District of South Kohala, Island of Hawai`i March 2003. Prepared for Mr Tom Yamamoto, Bridge `Aina Le'a. Sato, H.H., E.W. Ikeda, R. Paeth, R. Smythe and M. Takehiro Jr. 1973 Soil Survey of the Island of Hawaii. U.S. Dept. of Agriculture, Soil Conservation Service and University of Hawaii Agricultural Experiment Station.. Washington D.C. Government Printing Office prepared for Transcontinental Development Company. Schilz, A. and K. Shun 1992 Final report: Archaeological Survey and Evaluation, Puako Residential Golf Community, South Kohala, Hawaii Island, Golf Course Portion, Ogden Environmental and Energy Services report prepared for Puako Hawaii Properties, Kamuela, Hawaii. Welch, D. 1989 Archaeological Investigations at Pauoa Bay (Ritz- Carlton Mauna Lani Resort) South Kohala, Hawaii. International Archaeological Research Institute, Inc. report prepared for Belt, Collins & Associates, Honolulu. Wellmon, B. B. 1970 The Parker Ranch: A History. UMI Dissertation Services, Ann Arbor, Michigan. Wolfe, E. and J. Morris 2001 Geological Map of the Island of Hawaii. U.S. Department of the Interior. U.S Geological Survey. Wong - Smith, H. 2007 Cultural Impact Assessment for `Aina Lea. Prepared for Bridge `Aina Lea, LLC. 2009 Addendum to Cultural Impact Assessment for DW `Aina Lea Development LLC, Waikoloa, Hawaii Island. TMK Nos. 6 -8- 01:25, 36, 37, 38, 39 and 40. Prepared for Makani Resources. 11 P.DA ZD TRAFFIC IMPACT ANALYSIS FOR IIAWAILAiI'+t RIVERBEND LIa C USE l' ASTER PLANNED DEVELOPMENT WAIJCOLOA, HAWAII 111W1( (3)6.8eU0Q21 3ULY, 2012 PREPARED FOR: l IAWAIIAN RIVERBEND LLC SY ay. u11 [[N1 tt cL : ) PPOFh'.F.:: sTo' FZL. ENGINEER LIC. > ; <P 4;3044 * NO. 8522 -C PREPARED 13Y: WITCHER ENGINEERING LLP P.Q. 130X 348 }IOLUALOA, HAWAII 96725 (808)334.0322 (808)324 -0327 Fax TRAFFIC IMPACT ANALYSIS REPORT FOR HAWAIIAN RIVERBEND LLC A MIXED -USE MASTER PLANNED DEVELOPMENT WAIKOLOA, HAWAII TMK (3)6- 8- 002 :021 UPDATED JUNE, 2012 PROJECT DESCRIPTION Hawaiian Riverbend Li,C wishes to develop a mixed -use master planned development on the referenced parcel in a shopping center complex containing 178,000 ft2. Future plans include a 10 -acre park and possibly 60 units of multi - family dwellings. The proposed project is located at the northeast corner of the intersection of Waikoloa Road and Paniolo Drive. The project is to be served from both streets. For the purpose of showing that the developer is looking ahead, the park and multi- family projects are included in this report. I.1. EXISTING CONDITION Currently the project area is undeveloped with a shopping center at the northwest corner of Waikoloa Road and Paniolo Drive and multi-family dwellings to the north. The unsignalized intersection is set up so that all lefthand movements have left turn lanes. To the southeast is undeveloped land. However, this area may be developing soon. The southwest is partially developed and has the local post office in this area. 111, TRAFFIC VOLUMES On May 8, 2012, traffic counts were taken at the intersection of Waikoloa Road and Paniolo Street. These counts were performed at 15- minute intervals from 6 :00 AM to 9 :00 AM and 3 :00 PM to 6:00 PM at this location. The peak hours were determined from this and found to be from 7:15 AM to 8:15 AM for i.he AM peak hour and 3:30 PM to 4:30 PM for the PM peak hour. Table 1 shows the peak hour and vehicles per hour (vph). TABLE PEAK 1 iWOURS OF TRAFFIC FLOW Location Time '- VPH Waikoloa Road & Paniolo Drive 7:15 AM -8:15 AM 940 Waikoloa Road & Paniolc Driv e 3:30 PM -4:30 PM 927 Page 1 of 10 Table 2 shows vehicles per hour for the turning movements and compares this with the traffic counts of July 27, 2010, TABLE 2 INTERSECTION MODEL OF WAIKOLOA R Direction AM PM 2010 2012 2010 2012 Eastbound Left (EJ3L) 91 102 252 320 Eastbound Through (EBT) 28 41 80 52 Eastbound Right (EBR) 5 9 32 24 Westbound Left (WBL) 7 13 9 5 Westbound Through (WBT) 51 75 39 37 Westbound Right (WBR) 60 67 103 102 Northbound Left (NBL) 6 19 17 11 Northbound Through (NBT) 11 25 82 54 Northbound Right (NBR) 8 11 6 3 Southbound Left (SBL) 125 163 92 88 Southbound Through (SBT) 22 50 42 36 Southbound Right (SBR) 344 365 173 177 IV. LEVEL OF SERVICE Level of service is defined as "a qualitative measure describing operational conditions within a traffic stream; generally described in terms of such factors as speed and travel time, freedom to maneuver, traffic interruptions, comfort and convenience, and safety." There are six levels of operational conditions defined as follows: Level of Service A Level of Service B Level of Service C Level of Service D Level of Service E Level of Service F Little or no traffic delays Short traffic delays Average traffic delays Long traffic delays Very long traffic delays Extreme traffic delays Levels of service were determined for the various turning movements for the intersection of Waikoloa Road and Paniolo Drive for the existing conditions. Calculations were performed Page 2 of 10 in accordance with the analysis laid out in the Highway Capacity Manual, Special Report 209,2"a Edition of the Transportation Research Board, 1992 and the Highway Capacity software from the Federal Highway Administration and McTrans, University of Florida, Gainseville, FL (HCS 2010). Y. PROJECTED TRAFFIC A. Methodology The trip generation methodology used in this report is based upon applications developed by the Institute of Transportation Engineers (1'1'E) and published in Trip Generation, 8' Edition, 2011. Trip generations have been developed fora variety of land uses (or facility types) which correlated trips with dwelling units, area, population, vehicle ownership, and intensity of use. Each facility type has a catalog number of identification purposes. The land use codes are shown below. Multi - family residential 221 County park 412 Shopping center 820 13. Trip Generation As stated above, the developer wishes to construct a shopping center, however is factoring in a county park and 60 multi- family units adjacent to the development. TABLE 3 TRIP GENERA' Facility Landscape Corte Units or Area 10002 Trip Generator % Enter % Exit Entering Exiting AM Multi - family 221 60 uts 0.46 21 79 .6 22 County park 412 10.01 ac 0.52 71 29 4 2 Shopping center 820 178,000 f12 1.00 61 39 108 69 Pass-by Traffic at 31 %* Shopping Cei :ter only (33) (21) Total 85 72 Multi- family 221 60 uts 0.58 65 .. 35 23 12 County park 41 ?, 10,f ! ac 0.59 35 65 3 4 Shopping center 82.0 1 !8,( 10 #e 3.73 49 51 325 338 Page 3 of 10 Facility Landscape Code Units or Area 1000' Trip Generator % Enter % Exit Entering Exiting Pass -by Traffic at 31 %* Shopping Center only (101) (105) Total 250 249 *Table V1I1 -2, ITE Trip Generation C. Traffic Distribution Assumptions Traffic Counts were taken at the intersection of Waikoloa Road and Paniolo Drive to ascertain not only the volume, but the direction of travel. Using this information, the following assumptions were made: 1. After build -out of the project, the flow of traffic in any direction is proportional to the counts of May 8, 2012. 2. Driveways are numbered 1 through 5 from the northernmost driveway on Paniolo Drive being #1 and the furthest eastern driveway on Waikoloa Road being #5. 3. Driveways #1 and #5 will be the only driveways allowed left turns in and left turns out. 4. Driveways #2, #3, and #4 will be right turn in and right turn out only and do not affect the traffic flow where located. 5. 71% of the apartments, 60% of the shopping center and all of the park traffic will use Driveway #1 on Paniolo Drive. 6. 29% of the apartments and 30% ofthe shopping center will use Driveway 115 on Waikoloa Road, 7. All other driveways, if more than one is allowed, will take care of 10% ofthe shopping center. As stated in the previous report, plans are being considered to construct a roundabout at the intersection) of Waikoloa Road and Paniolo Drive by the developer of the property in the southeast quadrant of the intersection. In performing a two -way stop control analysis, it became apparent that a roundabout was a good choice. This information is included in this report. The following table shows the Traffic distribution. TABLE 4 TURNING MOVEMENTS AND TRAFFIC DISTRIBUTION, WAIKOLOA RD. & PANIOLO DR. Movement Peak flour AM Peak Hour PM Year Year 2010 2012 110 5 Y 10 Y 20 Y 2010 2012 110 5 Y 10 .Y 20 Y EBL 91 102 108 116 124 143 320 252 303 322 303 390 Page4of 10 Movement Peak Hour AM Peak Hour PM Year Year 2010 2012 130 5Y 10Y 20Y 2010 2012 BO 5Y 10Y 20Y BBT 28 41 45 48 52 59 52 80 100 106 113 128 13138 5 9 9 10 10 12 24 32 32 34 37 43 WBL 7 13 13 14 15 18 5 9 12 13 13 15 WBT 51 75 80 86 92 106 37 39 54 57 60 67 WBR 60 67 71 76 82 94 102 103 123 131 140 159 NBL 6 19 19 20 22 ' 26 11 17 17 18 20 23 NBT 11 25 27 29 31 36 54 82 98 104 111 126 NBR 8 11 13 14 15 17 3 6 8 8 9 10 Sz3L 125 163 ' 180 143 206 237 88 92 100 107 115 132 SBT 22 50 52 56 60 69 36 42 46 49 53 61 SBR 334 365 383 411 441 510 177 173 189 202 217 249 With the above trip distribution having been determined, level of service calculations were performed for the intersection, This was done in accordance with the two -way stop criteria and then analyzed as a roundabout. The following tables show this relationship. TABLE. 5 STREET LEYEI, OF SERVICE, TWO-WAY STOP WAIKOLAA RD, & PANIOLD DR. Movement Peak Hour AM Peak .dour PM Year Year Page 5 of 10 2012 BO 5Y 10Y 20Y 2012 BO 5Y 10Y 20Y 1313L A A A A A A A A A A JBT A A A A A A A A A A EBR A A A A A A A A A A WBL A A A A A A A A A A WBT A A A A A A A A A A WBR A A A A A A A .. A A A N13L C C D D F D 1? 1? F F NBT C C D D F D 13 is F F Page 5 of 10 Movement Peak Hour AM Peak Hour PM Year Year 2012 BO 5Y 10 1' 20Y 2012 BO 5Y 10Y 20Y NBR 13 13 13 13 13 E III= F SI3L C C C C D D F F F F SBT B 13 13 13 C C D D D F SBR 13 B 13 13 13 A A A B B NB Approach Delay 15.3 15.8 17,2 19,2 26.7 23.2 35.3 44.0 59.4 256.7 N13 Approach LOS C C C C D C E E F F S13 Approach Delay 22.5 13.2 14.1 15.3 19,8 18.0 37.1 85.3 262.4 - S13 Approach LOS 13 B B C C C E F F - TABLE 6 LEVEL OE SERVICE, ROUNDABOUT, WAIKOLOA ROAD & PANIOLO DRIVE Movement AM PM 130 2017 2022 2032 BO 2017 2022 2032 EASTBOUND Lt Lane Control Delay 5.7 6.0 6.2 6.9 7.9 8.5 9.0 10.5 Rt Lane Control Delay 5.0 5.2 5.3 5.7 , 5.4 5.6 5.8 6.3 Lt Lane LOS A A A A A A A A Rt Lane LOS A A A A A A A A Approach Delay 5.49 5.71 5.94 6.54 7.14 7.54 8.01 9.25 Approach LOS A A A A A A A A WESTBOUND Lt Lane Control Delay 4.0 4.1 4.2 4.3 5.4,, 5.6 5.8 6.3 Rt Lane Control Delay 5.6 5.8 6.1 6.7 8.7 9.3 10.1 12.2 Li Lane LOS A A A A A A A A Page 6 of 10 Movement AM PM BO 2017 2022 2032 BO 2017 2022 2032 Rt Lane LOS A A A A A A B B Approach Delay 5.50 5.70 5.96 6.54 8.47 9.05 9.80 11.81 Approach LOS A A A A A A A B NORTHBOUND Lt Lane Control Delay 5.0 5.2 5.4 5.8 6.1 6.3 6.6 7.4 Rt Lane Control Delay 5.4 5.5 5.8 6.3 8.0 8.5 9.1 10.8 Lt Lane LOS A A A A A A A A Rt Lane LOS A A A A A A A B Approach Delay 5.25 5.44 5.64 6.12 7.73 8.19 8.79 10.30 Approach LOS A A A A A A A B SOUTHBOUND Lt Lane Control Delay 5.7 5.9 6.1 6.8 4.6 4.7 4.8 5.1 Rt Lane Control Delay 4.2 4.3 4.4 4.6 4.0 4.1 4.2 4,3 Lt Lane LOS A A A A A A A A Rt Lane LOS A A A A A A A A Approach Delay 2.02 2.09 2.16 2.35 1.92 1.97 2.0 2.11 Approach LOS , A A A A A A A A Intersection Delay 3.34 3.47 3.60 3.94 5.82 6.15 6.53 7.56 D. Driveways As Mated previously, driveways 111 and #5 should be the only two driveways with left turns allowed. This is dt e to the proximity of Driveways #2, #3 and ##4 to the intersection roundabout; (only one of these three driveways may be allowed). if left turns were allowed, it ; )ule cause serious backups for traffic entering and exiting the roundabout. however, the 1. ject does need to have left turns in and out at some locations, The followi rig tables show the breakdown of traffic movements for these driveways. Page 7 of 10 TABLE 7 TRAFFIC MOVEMENTS AT PROPOSED DRIVEWAY #1 AN Movement Peak Hour AM Peak Hour PM Year Year BO 2017, 2022 2032 BO 2017 2022 2032 Driveway #1 onto Paniolo Drive Westbound Left 45 45 45 45 89 89 89 89 Westbound Right 15 15 15 15 127 127 127 127 Northbound Through 188 203 218 253 398 429 462 a 536 Northbound Right 18 18 18 18 126 126 126 126 Southbound Left 55 55 55 55 88 88 88 88 Southbound Through 570 491 533 629 246 265 285 331 Driveway #5 onto Waikoloa Road Eastbound Left 20 20 20 20 44 44 44 44 Eastbound Through 219 236 254 295 164 177 190 221 Westbound "through 159 171 185 214 129 139 150 174 Westbound Right 14 14 14 14 54 54 54 54 Southbound Left 16 16 16 16 49 49 49 49 Southbound Right 12 12 12 12 59 59 59 59 Levels of service for these driveways is based upon the assumptions that Waikoloa Road and Paniolo Drive will be configured as follows: 1. Waikoloa Road will have two lanes eastbound and a left-turn lane eastbound. 2. Waikoloa Road will have two lanes westbound, one of which will be a shared right -turn lane. 3. Paniolo Drive will have two lanes northbound, one of which will be a shared right -turn lane. 4, Paniolo Drive will have two lanes southbound and one left -turn lane southbound. Page 8 of 10 TABLE 8 LEVELS 01? SE Movement Peak Hour AM Peak Hour PM Year Year 130 2017 2022 2032 BO 2017 2022 2032 Driveway #1 onto Paniolo Drive Westbound Left B C C C C C C D Westbound Right A A A A B B B B Southbound Left A A A A A A A A Approach Delay , 13,1 13.5 14.0 15.4 14.7 15.4 16.2 18,3 Approach LOS B 13 B C B C C C Driveway #5 onto Waiikoloa Road Eastbound Left A A A A A A A A Southbound Left B B B B B B B 13 Southbound Right A A A A A A A A Approach Delay 10.4 10,5 10.7 11.2 10,2 10.3 10.5 10.8 Approach LOS 13 B 13 B B B 13 B VI. CONCLUSION A. Intersection It can be seen from the traffic counts and level of service computations for the intersection of Waikoloa Road and Paniolo Drive that during the PM peak hours, the intersection is already impacted, By calculating the impact ofthe development, it can be seen that, if the intersef ;tian is left as a two -way stop, it will have completely failed by the year 2022. This is unacceptable, The intersection needs to be signalized now or ot. ,r mitigating measur es need to be taken, The developer for the proje;.t which lies south and east of this intersection is being requi red to construct a roundabout at this intersection as part of the developmental requi °ements. This report a. alyzes the use of a roundabout and finds that this mitig ding measure definitely %rill help the situation, In fact, over a 20 -year period, the `E vel of service only approaches a level of service "B ", being "A" throughout, Page9of 10 This is assuming that the trip generation for this development is the increase caused by this development and that the annual increase in background traffic covers other developments in the area, including the one that constructed the roundabout. It should be noted that the analysis of this intersection was performed using the lates software and methodology by McTrans at the University ofFIorida who produces th( HCS software, Currently HCS 2010 is the latest version in roundabout analysis. B. Driveways In computing the level of service of the driveways, it could be seen that if traffic n a4 the intersection was allowed to make left turns in and out of the project, an; mitigating measures taken at the intersection would be a waste of time. Therefore, we feel that only two of the driveways, #1 and #5, should be able to accommodate the left -turn movements. These two are the furthest away from the intersection. If they are constructed with lanes as recommended, there should be little impact on future traffic. RECOMMENDATIONS The following are recommendations, that, if implemented, will greatly add to the feasibility of this project. 1. Construct the roundabout as currently planned. 2. Insure that there are two lanes northbound at Driveway #1. 3. Also at Driveway #1, insure that there are two lanes westbound. 4. At Driveway #5, insure that there are two Janes westbound. 5. At Driveway #5 there should be an eastbound left -turn lane and at least one eastbound through lane. 6. If possible, the roundabout should have a separate right -turn lane southbound which bypasses the roundabout altogether due to the high volume of traffic counted in this movement. Page 10 of 10 APPENDIX A LOCATION MAP, TAX MAP KEY MAP AND PROPOSED SITE PLAN 6 8 02 3RD. DIST. c a07.e4AA. tt x2.47,14. A,+ 731.57p !7a/. LBi!A 4907. a o4 A.F. I e Wafke/.. viMq. A..Wa //., p Q/ /7.2 P'�'P/YT 1747.07.A4.. .Acv' RANON m.M. Pat P06. WA /KOLOAI SOUTH KOHALA, HAWAII, (Formerly por. 6 8 0/I RT�pAP ✓ 4. 'gale N.Ta:'aro. /e 4.r iTasa:r arol./.J•. r.7.: 1��n Ara I,L2•e[1•4, 1. C2•7 a [i a J .1%;1.iis.ri•• F PF FOR PROPERTY ASSESSMENT PURPOSES SUNECT TO CHANGE OLFAXTNilM Of TAXATION P TNOVOCAL OPTIC! TAX MAPS BRANCH STAY• w NAWNI TAX MAP THIRD TAXATION DISTRICT ZONE SEC PUT 8 02 SCALE, 1 M. m 2000 FT. / HA I ;0 NORTH KOH • A ��l � KAWAI-UE Cj© NORTH KONA KNLUA \I _ _ _ — _?, i J OUTH/ KONA, / l l m HONOKAA 1yWEA SOUTH , KOHALA I / \ PROJECT LOCATION /'NORTH HILO HAMAKUA I• 1 % J / ,/ SOUTH HILO KAU NAALEHU SiVh WITCHER ENGINEERING LLP awls immemmolmoili=11■10•011111".11.1.1. P.O. Box 348 Consulting Civil Engineers Holualoa, HI 96725 Construction Managers (808) 334 -0322 m / • LOCATION MAP F #LO PUNA PN -10A , Master Plan I I I 0' SO' 100. 200' ale l• .100. 9 2.10 EFtVats COnrl eJdenhiI t=li" ALree424:0.ffastep- 0 Wit 4oku..'44.., A d. Couwy[1:9reiwuzi Z72" 14 iC:;,knty of Hawaii rls00 PLANNERS ARCHITECT APPENDIX B LEVEL OF SERVICE CRITERIA LEVEL OF SERVICE CRITERIA AVERAGE TOTAL LEVEL OF EXPECTED DELAY TO DELAY (Seconds/Vehicle) SERVICE MINOR STREET TRAFFIC 5 A Little or no delay 5.1 to 10.0 B Short traffic delays 10.1 to 20.0 C Average traffic delays 20.1 to 30.0 D Long traffic delays 30.1 to 45.0 E Very long traffic delays >45 F Extreme traffic delays Appendix B APPENDIX C LEVEL OF SERVICE TWO -WAY STOP WAIKOLOA ROAD & PANIOLO DRIVE UNSIGNALIZED INTERSECTION AM & PM PEAK HOUR i i 1 Two -Way Stop Control Page 1 of 1 TWO -WAY STOP CONTROL SUMMARY General Information Site Information Analyst BEW Intersection WAIKOLOA/PANIOLO Agency /Co. HAWAIIAN RIVERBEND Jurisdiction HAWAII COUNTY Date Performed 7/30/2010 Analysis Year 2010 Analysis Time Period AM EXISTING Project Description HAWAIIAN RIVERBEND JOB #592 -01 -10 HRBWPAM2010 East/West Street: WAIKOLOA RD North /South Street: PANIOLO DR Intersection Orientation: East-West Study Period (hrs): 1.00 ehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R olume (veh /h) 91 28 5 7 51 60 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh /h) 91 28 5 7 51 60 Percent Heavy Vehicles 0 -- - 0 - - Median Type Undivided RT Channelized 0 0 Lanes 1 1 0 1 1 0 Configuration L TR L TR Upstream Signal - 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R olume (veh /h) 6 11 8 125 22 344 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh /h) 6 11 8 125 22 344 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade ( %) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 1 1 1 1 Configuration LT R L T R Delay, Queue Length, and Level of Service ■ pproach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L LT R L T R (veh /h) 91 7 17 8 125 22 344 C (m) (veh /h) 1492 1592 421 1050 594 568 985 vlc 0.06 0.00 0.04 0.01 0.21 0.04 0.35 95% queue length 0.19 0.01 0.13 0.02 0.80 0.12 1.60 Control Delay (s /veh) 7.6 7.3 13.9 8.5 12.7 11.6 10.6 LOS A A B A B B B `pproach Delay (s /veh) -- -- 12.2 11.2 ` pproach LOS -- - B B Copyright © 2008 University of Florida, All Rights Reserved HCS +TM Version 5.4 Generated: 8/10/2010 3:01 PM Two -Way Stop Control Page 1 of 1 TWO -WAY STOP CONTROL SUMMARY General Information Site Information Analyst BEW Intersection WAIKOLOA/PANIOLO Jurisdiction HAWAII COUNTY Agency /Co. HAWAIIAN RIVERBEND Analysis Year 2010 Date Performed 7/30/2010 Aralysis Time Period PM EXISTING Project Description HAWAII RIVERBEND JOB #592 -01 -10 HRBWPPM2010 East/West Street: WAIKOLOA RD North /South Street: PANIOLO DR Intersection Orientation: East -West Study Period (hrs): 1.00 Vehicle Volumes and Adjustments. Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume (veh /h) 320 52 24 5 37 102 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh /h) 320 52 24 5 37 102 Percent Heavy Vehicles 0 - -- 0 - - Median Type Undivided RT Channelized 0 0 Lanes 1 1 0 1 1 0 Configuration L TR L TR Upstream Signal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh /h) 11 54 3 88 36 177 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh /h) 11 54 3 88 36 177 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade ( %) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 1 1 1 1 Configuration LT R L T R Delay, Queue Length, and Level of Service Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L LT R L T R v (veh /h) 320 5 65 3 88 36 177 C (m) (veh /h) 1457 1536 215 1006 200 245 976 vlc 0.22 0.00 0.30 • 0.00 0.44 0.15 0.18 95% queue length 0.84 0.01 1.28 0.01 2.27 0.51 0.66 Control Delay (s /veh) 8.2 7.4 29.0 8.6 36.9 22.2 9.5 LOS A A D A E C A Approach Delay (s /veh) -- -- 28.1 19.0 Approach LOS - - D C Copyright © 2008 University of Florida, All Rights Reserved HCS +TM Version 5.4 Generated: 7/20/2011 11:26 AM APPENDIX D LEVEL OF SERVICE DRIVEWAY #1 UNSIGNALIZED INTERSECTION AM & PM PEAK HOUR Two -Way Stop Control Page 1 of 1 TWO -WAY STOP CONTROL SUMMARY General Information Site Information Analyst BEW Intersection DRIVEWAY #1 Jurisdiction HAWAII CO Agency /Co. HAWAIIAN RIVERBEND Analysis Year 2015 Date Performed 9/1/2010 Analysis Time Period AM BUILDOUT, 2015 Project Description HAWIIAN RIVERBEND JOB# 592 -01 -10 HRBDW1AM2015 East/West.Street: DRIVEWAY North /South Street: PANIOLO Intersection Orientation: North -South Study Period (hrs): 1.00 ehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume (veh /h) 162 9 26 491 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh /h) 0 162 9 26 491 0 Percent Heavy Vehicles 0 — -- 0 -- -- Median Type Undivided RT Channelized 0 0 Lanes 0 2 0 1 2 0 Configuration T TR L T Upstream Signal 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R olume (veh /h) 17 6 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh /h) 0 0 0 17 0 6 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade ( %) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 1 0 1 Configuration L R Delay, Queue Length, and Level of Service `pproach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L R v (veh /h) 26 17 6 C (m) (veh /h) 1418 523 978 v/c 0.02 0.03 0.01 95% queue length 0.06 0.10 0.02 Control Delay (s /veh) 7.6 12.1 8.7 LOS A B A Approach Delay (s /veh) -- — 11.2 Approach LOS -- -- B Copyright © 2008 University of Florida, All Rights Reserved HCS +n^ Version 5.4 Generated: 9/2/2010 3:59 PM m \ rl1 A T i.._ Two -Way Stop Control Page 1 of 1 TWO -WAY STOP CONTROL SUMMARY General Information Site Information Analyst BEW Intersection DRIVEWAY #1 Agency /Co. HAWAIIAN RIVERBEND Jurisdiction HAWAII CO Date Performed 9/1/2010 Analysis Year 2015 Analysis Time Period PM BUILDOUT, 2015 Project Description HAWIIAN RIVERBEND JOB# 592 -01 -10 HRBDW1PM2015 East/West Street: DRIVEWAY North /South Street: PANIOLO Intersection Orientation: North -South Study Period (hrs): 1.00 . ehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R olume (veh /h) 492 52 51 285 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh /h) 0 492 52 51 285 0 Percent Heavy Vehicles 0 — -- 0 — — Median Type Undivided RT Channelized 0 0 Lanes 0 2 0 1 2 0 Configuration T TR L T Upstream Signal 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R olume (veh /h) 52 52 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh /h) 0 0 0 52 0 52 Percent Heavy Vehicles 0 0 _ 0 0 0 0 Percent Grade ( %) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 1 0 1 Configuration L R Delay, Queue Length, and Level of Service Approach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L R v (veh /h) 51 52 52 C (m) (veh /h) 1035 328 772 vlc 0.05 0.16 0.07 95% queue length 0.16 0.56 0.22 Control Delay (s /veh) 8.7 18.0 10.0 LOS A C A Approach Delay (s /veh) -- -- 14.0 Approach LOS — -- B Copyright © 2008 University of Florida, All Rights Reserved HCS +rn+ Version 5.4 Generated: 9/2/2010 4:01 PM Two -Way Stop Control Page 1 of 1 TWO -WAY STOP CONTROL SUMMARY General Information Site Information Analyst BEW Intersection DRIVEWAY #1 Jurisdiction HAWAII CO Agency /Co. HAWAIIAN RIVERBEND Analysis Year 2020 Date Performed 9/1/2010 Analysis Time Period AM, 2020 Project Description HAWIIAN RIVERBEND JOB# 592 -01 -10 HRBDW1AM2020 East/West Street: DRIVEWAY North /South Street: PANIOLO Intersection Orientation: North -South Study Period (hrs): 1.00 ehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume (veh /h) 176 9 26 533 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh /h) 0 176 9 26 533 0 Percent Heavy Vehicles 0 — — 0 — -- Median Type Undivided RT Channelized 0 0 Lanes 0 2 0 1 2 0 Configuration T TR L T Upstream Signal _ 0 0 • _ Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh /h) 17 16 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh /h) 0 0 0 17 0 16 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade ( %) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 1 0 1 Configuration L R Delay, Queue Length, and Level of Service ■ pproach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L R v (veh /h) . 26 17 16 C (m) (veh /h) 1402 498 971 v/c 0.02 0.03 0.02 95% queue length 0.06 0.11 0.05 Control Delay (s /veh) 7.6 12.5 8.8 LOS A B A • pproach Delay (s /veh) -- -- 10.7 • pproach LOS -- — B Copyright © 2008 University of Florida, All Rights Reserved HCS +' Version 5.4 Generated: 9/2/2010 4:00 PM i Two -Way Stop Control Page 1 of 1 TWO -WAY STOP CONTROL SUMMARY General Information Site Information Analyst BEW Intersection DRIVEWAY #1 Agency /Co. HAWAIIAN RIVERBEND Jurisdiction HAWAII CO Date Performed 9/1/2010 Analysis Year 2020 Analysis Time Period PM, 2020 Project Description HAWIIAN RIVERBEND JOB# 592 -01 -10 HRBDW1PM2020 East/West Street: DRIVEWAY North /South Street: PANIOLO Intersection Orientation: North -South Study Period (hrs): 1.00 ehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 • L T R L T R Volume (veh /h) 534 52 51 . 310 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HER (veh /h) 0 534 52 51 310 0 Percent Heavy Vehicles 0 — — 0 -- — Median Type Undivided RT Channelized 0 0 Lanes 0 2 0 1 2 0 Configuration T TR L T Upstream Signal _ 0 - 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh /h) 52 52 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh /h) 0 0 0 52 0 52 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade ( %) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 1 0 1 Configuration L R Delay, Queue Length, and Level of Service ' pproach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L R v (veh /h) 51 52 52 C (m) (veh /h) 999 303 751 vlc 0.05 0.17 0.07 95% queue length 0.16 0.62 0.22 Control Delay (s /veh) 8.8 19.3 10.2 LOS A C B ' pproach Delay (s /veh) -- -- 14.7 `pproach LOS -- -- B Copyright © 2008 University of Florida, All Rights Reserved HCS +° Version 5.4 Generated: 9/2/2010 4:01 PM Two -Way Stop Control Page 1 of 1 TWO -WAY STOP CONTROL SUMMARY General Information Site Information Analyst BEW Intersection DRIVEWAY #1 Jurisdiction HAWAII CO Agency /Co. HAWAIIAN RIVERBEND Analysis Year 2030 Date Performed 9/1/2010 Analysis Time Period AM, 2030 Project Description HAWAIIAN RIVERBEND JOB# 592 -01 -10 HRBDW1AM2030 East/West Street: DRIVEWAY North /South Street: PANIOLO Intersection Orientation: North -South Study Period (hrs): 1.00 ehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume (veh /h) 208 9 26 629 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh /h) 0 208 9 26 629 0 Percent Heavy Vehicles 0 — — 0 -- -- Median Type Undivided RT Channelized 0 0 Lanes 0 2 0 1 2 0 Configuration T TR L T Upstream Signal 0 . 0 Minor Street Eastbound Westbound Movement 7 8 • 9 10 11 12 L T R L T R Volume (veh /h) 17 6 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 , Hourly Flow Rate, HFR (veh /h) 0 0 0 17 0 6 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade ( %) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 1 0 1 Corifiguration L R Delay, Queue Length, and Level of Service A pproach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L R v (veh /h) 26 17 6 C (m) (veh /h) 1365 442 951 vie 0.02 0.04 0.01 95% queue length 0.06 0.12 0.02 Control Delay (s /veh) 7.7 13.5 8.8 LOS A B A A pproach Delay (s /veh) -- -- 12.3 a pproach LOS -- -- B Copyright © 2008 University of Florida, All Rights Reserved HCS +TM Version 5.4 Generated: 9/2/2010 4:00 PM i Two -Way Stop Control Page 1 of 1 TWO -WAY STOP CONTROL SUMMARY General Information Site Information Analyst BEW Intersection DRIVEWAY #1 Jurisdiction HAWAII CO Agency /Co. HAWAIIAN RIVERBEND Analysis Year 2030 Date Performed 9/1/2010 Analysis Time Period PM, 2030 Project Description HAWIIAN RIVERBEND JOB# 592 -01 -10 HRBDW1PM2030 East/West Street: DRIVEWAY North /South Street: PANIOLO Intersection Orientation: North -South Study Period (hrs): 1.00 ehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume (veh /h) 630 52 51 365 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh /h) 0 630 52 51 365 0 Percent Heavy Vehicles 0 — -- 0 -- — Median Type Undivided RT Channelized 0 0 Lanes 0 2 0 1 2 0 Configuration T TR L T Upstream Signal 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh /h) 52 52 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh /h) 0 0 0 52 0 52 Percent Heavy Vehicles 0 0 0 0 .0 0 Percent Grade ( %) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 1 0 1 Configuration L R Delay, Queue Length, and Level of Service ■ pproach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L R v (veh /h) 51 52 52 C (m) (veh /h) 920 251 706 v/c 0.06 0.21 0.07 95% queue length 0.18 0.78 0.24 Control Delay (s /veh) 9.1 23.1 10.5 LOS A C B pproach Delay (s /veh) -- -- 16.8 ■ pproach LOS -- -- C Copyright © 2008 University of Florida, All Rights Reserved HCS +TM Version 5.4 Generated: 9/2/2010 4:02 PM APPENDIX E LEVEL OF SERVICE DRIVEWAY #5 UNSIGNALIZED INTERSECTION AM & PM PEAK HOUR 1 i 1 Two -Way Stop Control Page 1 of 1 TWO -WAY STOP CONTROL SUMMARY General Information Site Information Analyst BEW Intersection DRIVEWAY #5 Jurisdiction HAWAII CO Agency /Co. HAWAIIAN RIVERBEND Analysis Year 2030 Date Performed 9/1/2010 Analysis Time Period PM2030 Project Description HAWAIIAN RIVERBEND JOB #592 -01 -10 HRBDW5PM2030 East/West Street: WAIKOLOA RD North /South Street: DRIVEWAY #5 Intersection Orientation: East -West Study Period (hrs): 1.00 ehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume•(veh /h) 51 163 165 52 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh /h) 51 163 0 0 165 52 Percent Heavy Vehicles 0 — — 0 — -- Median Type Undivided RT Channelized 0 0 Lanes 1 2 0 0 2 0 Configuration L T T TR Upstream Signal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R olume (veh /h) 52 52 Peak -Hour Factor, PHF' 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh /h) 0 0 0 52 0 52 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade ( %) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 1 0 1 Configuration L R Delay, Queue Length, and Level of Service • pproach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L R v (veh /h) 51 52 52 C (m) (veh /h) 1365 582 951 /c 0.04 0.09 0.05 95% queue length 0.12 0.29 0.17 Control Delay (s /veh) 7.7 11.8 9.0 LOS A B A • pproach Delay (s /veh) - -- 10.4 • pproach LOS -- -- B Copyright © 2008 University of Florida, All Rights Reserved HCS +TM Version 5.4 Generated: 9/2/2010 4:06 PM Two -Way Stop Control Page 1 of 1 TWO -WAY STOP CONTROL SUMMARY General Information Site Information Analyst BEW Intersection DRIVEWAY #5 Jurisdiction HAWAII CO Agency /Co. HAWAIIAN RIVERBEND Analysis Year 2030 Date Performed 9/1/2010 Analysis Time Period AM 2030 Project Description HAWAIIAN RIVERBEND JOB #592 -01 -10 HRBDW5AM2030 East/West Street: WAIKOLOA RD North /South Street: DRIVEWAY #5 Intersection Orientation: East -West Study Period (hrs): 1.00 ehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R olume (veh /h) 20 215 172 15 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh /h) 20 215 0 0 172 15 Percent Heavy Vehicles 0 — -- 0 — -- Median Type Undivided RT Channelized 0 0 Lanes 1 2 0 0 2 0 Configuration L T T TR Upstream Signal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh /h) 13 10 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh /h) 0 0 0 13 0 10 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade ( %) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 1 0 1 Configuration _ L R Delay, Queue Length, and Level of Service • pproach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L R v (veh /h) 20 13 10 C (m) (veh /h) 1399 638 968 v/c 0.01 0.02 0.01 95% queue length 0.04 0.06 0.03 Control Delay (s /veh) 7.6 10.8 8.8 LOS A B A `pproach Delay (s /veh) -- -- 9.9 A pproach LOS -- -- A Copyright © 2008 University of Florida, All Rights Reserved HCS+Tm Version 5.4 Generated: 9/2/2010 4: Two -Way Stop Control Page 1 of 1 TWO -WAY STOP CONTROL SUMMARY General Information Site Information Analyst BEW Intersection DRIVEWAY #5 Agency /Co. HAWAIIAN RIVERBEND Jurisdiction HAWAII CO Date Performed 9/1/2010 Analysis Year 2015 Analysis Time Period AM BUILDOUT 2015 Project Description HAWAIIAN RIVERBEND JOB #592 -01 -10 HRBDW5AM2015 East/West Street: WAIKOLOA RD North /South Street: DRIVEWAY #5 Intersection Orientation: East -West Study Period (hrs): 1.00 ehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R olume (veh /h) 20 168 134 15 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh /h) 20 168 . 0 0 134 15 Percent Heavy Vehicles 0 — -- 0 -- — Median Type Undivided RT Channelized 0 0 Lanes 1 2 0 0 2 0 Configuration L T T TR Upstream Signal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh /h) 13 10 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh /h) 0 0 0 13 0 10 Percent Heavy Vehicles 0 0 0 0 0 _ 0 Percent Grade ( %) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 1 0 1 Configuration L R Delay, Queue Length, and Level of Service ■ pproach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L R v (veh /h) 20 13 10 C (m) (veh /h) 1445 696 993 vic 0.01 0.02 0.01 95% queue length 0.04 0.06 0.03 Control Delay (s /veh) 7.5 10.3 8.7 LOS A B A pproach Delay (s /veh) -- -- 9.6 pproach LOS -- -- A Copyright © 2008 University of Florida, All Rights Reserved HCS +TM Version 5.4 Generates: eizlzui u e: Two -Way Stop Control Page 1 of 1 TWO -WAY STOP CONTROL SUMMARY General Information Site Information Analyst BEW Intersection DRIVEWAY #5 Jurisdiction HAWAII CO Agency /Co. HAWAIIAN RIVERBEND Analysis Year 2015 Date Performed 9/1/2010 Analysis Time Period PM BUILDOUT 2015 Project Description HAWAIIAN RIVERBEND JOB #592 -01 -10 HRBDW5PM2015 East/West Street: WAIKOLOA RD North /South Street: DRIVEWAY #5 Intersection Orientation: East -West Study Period (hrs): 1.00 ehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R olume (veh /h) 51 127 129 52 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh /h) 51 127 0 0 129 52 Percent Heavy Vehicles 0 — -- 0 -- _ — Median Type Undivided RT Channelized 0 0 Lanes 1 2 0 0 2 0 Configuration L T T TR Upstream Signal 0 - 0 _ Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh /h) 52 52 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh /h) 0 0 0 52 0 52 Percent Heavy Vehicles 0 0 • 0 0 0 _ 0 Percent Grade ( %) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 1 0 1 Configuration L R Delay, Queue Length, and Level of Service • pproach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L R (veh /h) 51 52 52 C (m) (veh /h) 1407 630 973 v/c 0.04 0.08 0.05 95% queue length 0.11 0.27 0.17 Control Delay (s /veh) 7.7 11.2 8.9 LOS A B A pproach Delay (s /veh) — -- 10.1 • pproach LOS -- -- B Copyright 0 2008 University of Florida, All Rights Reserved HCS +Tm Version 5.4 Generated: 9/2/2010 4:05 PM i Two -Way Stop Control Page 1 of 1 TWO -WAY STOP CONTROL SUMMARY General Information Site Information Analyst BEW Intersection DRIVEWAY #5 Agency /Co. HAWAIIAN RIVERBEND Jurisdiction HAWAII CO Date Performed 9/1/2010 Analysis Year 2020 Analysis Time Period AM 2020 Project Description HAWAIIAN RIVERBEND JOB #592 -01 -10 HRBDW5AM2020 East/West Street: WAIKOLOA RD North /South Street: DRIVEWAY #5 Intersection Orientation: East -West Study Period (hrs): 1.00 ehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume (veh /h) 20 183 146 15 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh /h) 20 183 0 0 146 15 Percent Heavy Vehicles 0 — — 0 — _ — Median Type Undivided RT Channelized 0 0 Lanes 1 2 0 0 2 0 Configuration L T T TR Upstream Signal - 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh /h) 13 10 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh /h) 0 0 0 13 0 10 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade ( %) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 1 0 1 Configuration L R Delay, Queue Length, and Level of Service • pproach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L R v (veh /h) 20 13 10 C (m) (veh /h) 1430 677 986 v/c 0.01 0.02 0.01 95% queue length 0.04 0.06 0.03 Control Delay (s /veh) 7.6 10.4 8.7 LOS A 8 A • pproach Delay (s /veh) -- -- 9.7 • pproach LOS -- — A Copyright © 2008 University of Florida, All Rights Reserved HCS +' Version 5.4 Generated: 9/2/2010 4:03 PM Two -Way Stop Control Page 1 of 1 Copyright © 2008 University of Florida, All Rights Reserved HCS +TM Version 5.4 cd. 9121 1 . TWO -WAY STOP CONTROL SUMMARY General Information Site Information Analyst Agency /Co. Date Performed Analysis Time Period BEW HAWAIIAN RIVERBEND 9/1/2010 PM2020 Intersection DRIVEWAY #5 Jurisdiction HAWAII CO Analysis Year 2020 Project Description HAWAIIAN RIVERBEND JOB #592 -01 -10 HRBDW5PM2020 East/West Street: WAIKOLOA RD North /South Street: DRIVEWAY #5 Intersection Orientation: East -West Study Period (hrs): 1.00 ehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume (veh /h) 51 138 140 52 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh /h) 51 138 0 0 140 52 Percent Heavy Vehicles 0 -- — 0 — Median Type _ Undivided RT Channelized 0 0 Lanes 1 2 0 0 2 0 Configuration L T T TR Upstream Signal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R olume (veh /h) 52 52 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh /h) .. 0 0 0 52 0 52 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade ( %) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 1 0 1 Configuration L _ R Delay, Queue Length, and Level of Service • pproach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L R (veh /h) 51 52 52 C (m) (veh /h) 1394 615 966 /c 0.04 0.08 0.05 95% queue length 0.11 0.28 0.1-7 Control Delay (s /veh) 7.7 11.4 8.9 LOS A B A • pproach Delay (s /veh) -- -- 10.2 • pproach LOS — -- B ^ 20 0 4_nC OR) Copyright © 2008 University of Florida, All Rights Reserved HCS +TM Version 5.4 cd. 9121 1 . APPENDIX F LEVEL OF SERVICE ROUNDABOUT UNSIGNALIZED INTERSECTION AM. & PM PEAK HOUR Roundabouts - Unsignalized Intl .,ections Worksheet Page l of l ROUNDABOUTS - UNSIGNALIZED INTERSECTIONS WORKSHEET General Information Site Information nalyst BEW gency /Co. HAWAIIAN RIVERBEND Date Performed 8/25/2010 ime Period AM 2015 Intersection WAIKOLOA/PANIOLO Jurisdiction HAWAII CO Analysis Year 2015 Project Description HAWAIIAN RIVERBEND JOB #592 -01- 10 HRBWPAM2015R olume Adjustments EB WB NB SB LT Traffic Volume, veh /h 98 8 7 130 PHF 1.00 1.00 1.00 1.00 Flow rate, veh /h 98 8 7 130 TH Traffic Volume, veh /h 63 62 12 23 PHF 1.00 1.00 1.00 1.00 Flow rate, veh /h 63 62 12 23 RT Traffic Volume, veh /h 6 64 9 346 PHF 1.00 1.00 1.00 1.00 Flow rate, veh /h 6 64 9 346 pproach Flow Computation Approach Flow (veh /h) Va (veh /h) Vae 167 Vaw 134 .. Van 28 Vas 499 Circulating Flow Computation Approach Flow (veh /h) Vc (veh /h) Vice 161 Vcw 117 Vcn 291 Vcs 77 Capacity Computation EB WB NB SB Capacity • Upper bound 1220 1263 1102 1303 Lower bound 1012 1051 905 1087 v/c Ratio Upper bound 0.14 0.11 0.03 0.38 Lower bound 0.17 0.13 0.03 0.46 Copyright © 2008 University of Florida, All Rights Reserved HCS +TM Version 5.4 Roundabouts - Unsignalizect Intersections Worksheet Page 1 of 1 ROUNDABOUTS - UNSIGNALIZED INTERSECTIONS WORKSHEET General Information Site Information Analyst BEW Agency/Co. HAWAIIAN RIVERBEND Date Performed 8/25/2010 Time Period PM 2015 Intersection WAIKOLOA/PANIOLO Jurisdiction HAWAII CO Analysis Year 2015 Project Description HAWAIIAN RIVERBEND JOB #592 -01- 10 HRBWPPM2015R Volume Adjustments EB WB NB SB LT Traffic Volume, veh /h 372 6 12 99 PHF 1.00 1.00 1.00 1.00 Flow rate, veh /h 372 6 12 99 TH Traffic Volume, veh /h 76 57 63 40 PHF . 1.00 1.00 1.00 1.00 Flow rate, veh /h 76 57 63 40 RT Traffic Volume, veh /h 25 118 4 198 PHF : 1.00 1.00 1.00 1.00 Flow rate, veh /h 25 118 _ 4 198 Approach Flow Computation Approach Flow (veh /h) Va (veh /h) Vae 473 Vaw 181 Van 79 Vas 337 Circulating Flow Computation Approach Flow (veh /h) Vc (veh /h) Vice 145 Vcw 447 Vcn 547 Vcs 75 Capacity Computation EB WB NB SB Capacity Upper bound 1236 973 898 1305 Lower bound 1026 790 723 1089 v/c Ratio Upper bound 0.38 0.19 0.09 0.26 Lower bound 0.46 0.23 0.11 0.31 Copyright © 2008 University of Florida, All Rights Reserved HCS +TM Version 5.4 Generated: 8!2612070 9: Roundabouts - Unsignalized _sections Worksheet Page 1 of 1 ROUNDABOUTS - UNSIGNALIZED INTERSECTIONS WORKSHEET General Information Site Information Analyst BEW Agency /Co. HAWAIIAN RIVERBEND Date Performed 8/25/2010 Time Period AM 2020 Intersection WAIKOLOA/PANIOLO Jurisdiction HAWAII CO Analysis Year 2020 Project Description HAWAIIAN RIVERBEND JOB #592 -01- 10 HRBWPAM202OR Volume Adjustments EB WB NB SB LT Traffic Volume, veh /h 108 10 8 146 PHF 1.00 1.00 1.00 1.00 Flow rate, veh /h 108 10 6 146 TH Traffic Volume, veh /h 66 68 13 25 PHF • 1.00 1.00 1.00 1.00 Flow rate, veh /h 66 68 13 25 RT Traffic Volume, veh /h 7 72 10 395 PHF 1.00 1.00 1.00 1.00 Flow rate, veh /h 7 72 10 395 Approach Flow Computation Approach Flow (veh /h) Va (veh /h) Vae 181 • - Vaw 150 Van 31 Vas 566 Circulating Flow Computation Approach Flow: (veh /h) Vc (veh /h) Vice 181 Vcw 129 Val 320 Vcs 86 Capacity Computation EB WB NB SB Capacity Upper bound 1201 1251 1077 1294 - Lower- bound. 995 1040 -__._ . 882 _ . _ 1079 v/c Ratio Upper bound 0.15 0.12 0.03 0.44 Lower bound 0.18 0.14 0.04 0.52 Copyright © 2008 University of Florida, All Rights Reserved HCS +TM Version 5.4 ene aced: 8/25/2010 4:18 i Roundabouts - Unsignalized intersections Worksheet Page 1 of 1 ROUNDABOUTS - UNSIGNALIZED INTERSECTIONS WORKSHEET General Information Site Information • nalyst BEW • gency /Co. HAWAIIAN RIVERBEND Date Performed 8/25/2010 ime Period PM 2020 Intersection WAIKOLOA/PANIOLO Jurisdiction HAWAII CO Analysis Year 2020 Project Description HAWAIIAN RIVERBEND JOB #592 -01- 10 HRBWPPM202OR olume Adjustments EB WB NB SB LT Traffic Volume, veh /h 406 7 13 109 PHF 1.00 1.00 1.00 1.00 Flow rate, veh /h 406 7 13 109 TH Traffic Volume, veh /h 82 61 • 69 44 PHF 1.00 1.00 1.00 1.00 Flow rate, veh /h 82 61 69 44 RT Traffic Volume, veh /h 28 129 4 ' 217 PHF 1.00 1.00 1.00 1.00 Flow rate, veh /h 28 129 4 217 • pproach Flow Computation Approach Flow (veh /h) Va (veh /h) Vae 516 Vaw 197 Van 86 Vas 370 Circulating Flow Computation Approach Flow (veh /h) Vc veh /h) Vice 160 Vcw 488 Vcn 597 Vcs 81 Capacity Computation EB WB NB SB Capacity Upper bound 1221 942 863 1299 Lower bound 1013 762 692 1084 v/c Ratio Upper bound 0.42 0.21 0.10 0.28 Lower bound 0.51 0.26 0.12 0.34 Copyright © 2008 University of Florida, All Rights Reserved HCS +Tm Version 5.4 ene aced: 8/2b/2010 9: Roundabouts - Unsignalized In,_ sections Worksheet Page 1 of 1 ROUNDABOUTS - UNSIGNALIZED INTERSECTIONS WORKSHEET General Information Site Information Analyst BEW Agency /Co. HAWAIIAN RIVERBEND Date Performed 8/25/2010 Time Period AM 2030 Intersection WAIKOLOA/PANIOLO Jurisdiction HAWAII CO Analysis Year 2030 Project Description HAWAIIAN RIVERBEND JOB #592 -01- 10 HRBWPAM203OR Volume Adjustments EB WB NB SB LT Traffic Volume, veh /h 120 10 8 160 PHF 1.00 1.00 1.00 1.00 Flow rate, veh/h 120 10 8 160 TH Traffic Volume, veh /h 70 74 15 28 PHF 1.00 1.00 1.00 1.00 Flow rate, veh /h 70 74 15 28 RT Traffic Volume, veh /h 7 78 11 437 PHF 1.00 1.00 1.00 1.00 Flow rate, veh /h 7 78 11 437 A . • roach Flow Com • utation Approach Flow (veh /h) Va (veh /h) Vae 197 Vaw 162. Van 34 Vas 625 Circulating Flow Computation Approach Flow (veh /h) Vc (veh /h) Vice 198 Vcw 143 Vcn 350 Vcs 92 Capacity Computation EB WB NB SB Capacity Upper bound 1185 1238 1051 1288 Lower bound 980 1028 860 1073 v/c Ratio Upper bound 0.17 0.13 0.03 0.49 Lower bound 0.20 0.16 0.04 0.58 Copyright © 2008 University of Florida, All Rights Reserved HCS +Tm Version 5.4 enerated: 8/25/2010 4: Roundabouts - Unsignalized intersections Worksheet Page 1 of 1 ROUNDABOUTS - UNSIGNALIZED INTERSECTIONS WORKSHEET General Information Site Information ' nalyst BEW • gency /Co. HAWAIIAN RIVERBEND Date Performed 8/25/2010 ime Period PM 2030 Intersection WAIKOLOA/PANIOLO Jurisdiction HAWAII CO Analysis Year 2030 Project Description HAWAIIAN RIVERBEND JOB #592 -01- 10 HRBWPPM2030R olume Adjustments EB WB NB SB LT Traffic Volume, veh /h 448 7 15 119 PHF 1.00 1.00 1.00 1.00 Flow rate, veh /h 448 7 15 119 TH Traffic Volume, veh /h 88 66 76 49 PHF 1.00 1.00 1.00 1.00 Flow rate, veh /h 88 66 76 49 RT Traffic Volume, veh /h 31 142 5 240 PHF 1.00 1.00 1.00 1.00 Flow rate, veh /h 31 142 5 240 ' pproach Flow Computation Approach Flow (veh /h) Va (veh /h) Vae 567 Vaw 215 Van 96 Vas 408 Circulating Flow Computation Approach Flow (veh /h) Vc (veh /h) Vice 175 Vcw 539 Vcn 655 Vcs 88 Capacity Computation EB WB NB SB Capacity Upper bound 1207 904 824 1292 Lower bound 1000 729 657 1077 v/c Ratio Upper bound 0.47 0.24 0.12 0.32 Lower bound 0.57 0.29 0.15 0.38 Copyright © 2008 University of Florida, All Rights Reserved HCS +TM Version 5.4 APPENDIX G TRAFFIC MOVEMENT DIAGRAMS TWO -WAY STOP WAIKOLOA ROAD & PANIOLO DRIVE UNSIGNALIZED INTERSECTION AM & PM PEAK HOURS Hawaiian Riverbend LLC Mixed -use Master Planned Development Existing Conditions AM Peak Hour - 7:15 AM to 8:15 AM 344 1 51 6 91 124 28 5 WAIKOLOA 491 162 '..�..1 f"'/`""1 344 22 125 91 11 60 0 ROAD 5 22 7 34 6 11 8 25 60 51 118 7 125 28 161 8 Hawaiian Riverbend LLC Mixed -use Master Planned Development Existing Conditions PM Peak Hour - 4:15 PM to 5:15 PM 177 165 37 11- 320 396 56 24 WAIKOLOA 301 476 177 36 88 320 54 102 1 1 ROAD 102 37 144 5 88 52 143 3 APPENDIX 11 TRAFFIC MOVEMENT DIAGRAMS DRIVEWAY #1 UNSIGNALIZED INTERSECTION AM & PM PEAK HOURS Hawaiian Riverbend LLC Mixed -use Master Planned Development Driveway #1 Traffic Movement - Projected 5 Years AM Peak Hour -7:15 AMto8:15AM 517 168 491 26 162 w 0 J O Z d 6 491 17 162 9 DRIVEWAY #1 116"INemill 1"4,1"1 508 171 P.O. Box 348 Holualoa, Hl 96725 (808)334 -0322 23 17 111111100.— 26 35 9 WITCHER ENGINEERING LLP Consulting Civil Engineers Construction Managers Hawaiian Riverbend LLC Mixed -use Master Planned Development Driveway #1 Traffic Movement - Projected 5 Years PM Peak Hour - 4:15 PM to 5:15 PM 336 554 285 • 51 492 52 1 w 5! 0 O 0 z a DRIVEWAY #1 52 104 52 1111111i— 51 103 285 52 492 52 337 554 JN 592 -01 -10 7/27/10 P.O. Box 348 Holualoa, HI 96725 (808)334 -0322 52 WITCHER ENGINEERING LLP Consulting Civil Engineers Construction Managers } Hawaiian Riverbend LLC Mixed -use Master Planned Development Driveway #1 Traffic Movement - Projected 10 Years AM Peak Hour - 7:15 AM to 8:15 AM 559 182 dirmaikank 533 26 176 w 0 1 6 DRIVEWAY #1 O J 0 z a 533 17 176 9 16m1fluj 41".1,1"° 550 171 P.O. Box 348 Holualoa, HI 96725 (808)334 -0322 23 P— 26 35 9 WITCHER ENGINEERING LLP Consulting Civil Engineers Construction Managers Hawaiian Riverbend LLC Mixed -use Master Planned Development Driveway #1 Traffic Movement - Projected 10 Years PM Peak Hour - 4:15 PM to 5:15 PM 361 586 ro•Aank rm./11m% 310 51 534 52 310 52 w 0 0 0 z 534 362 586 JN 592 -01 -10 7/27/10 52 P.O. Box 348 Holualoa, HI 98725 (808)334-0322 52 104 52 51 103 52 WITCHER ENGINEERING LLP Consulting Civil Engineers Construction Managers Hawaiian Riverbend LLC Mixed -use Master Planned Development Driveway #1 Traffic Movement - Projected 20 Years AM Peak Hour - 7 :15 AM to 8 :15 AM 655 214 grmANIN 629 26 208 6 w 0 0 0 Z a 1 DRIVEWAY #1 629 17 208 9 646 217 P.O. Box 348 Holualoa, HI 96725 (808)3340322 23 17 26 35 9 WITCHER ENGINEERING LLP Consulting Civil Engineers Construction Managers Hawaiian Riverbend LLC Mixed -use Master Planned Development Driveway #1 Traffic Movement - Projected 20Years PM Peak Hour - 4:15 PM to 5:15 PM 416 682 365 51 630 52 in > ce 0 0 —J 0 z a 1 DRIVEWAY #1 365 52 630 52 417 682 JN 592 -01 -10 7/27/10 P.O. Box 348 Holualoa, HI 96725 (808)334 -0322 52 104 52 -►- 51 103 52 WITCHER ENGINEERING LLP Consulting Civil Engineers Construction Managers APPENDIX I TRAFFIC MOVEMENT DIAGRAMS DRIVEWAY #5 UNSIGNALIZED INTERSECTION AM & PM PEAK HOURS 144 188 10 134 20 168 Hawaiian Riverbend LLC Mixed -use Master Planned Development Traffic Movement - Projected 5Years AM Peak Hour -7:15 AM to 8:15 AM 23 35 10 13 20 15 DRIVEWAY #5 WAIKOLOA ROAD 15 149 134 �•— 13 181 111111w-- 168 JN 592 -01 -10 7/27/10 S`VIg WITCHER ENGINEERING LLP P.O. Box 348 Hoknba, Hl 96725 (808)334 -0322 Consulting Civil Engineers Construction Managers 181 178 52 129 51 127 Hawaiian Riverbend LLC Mixed -use Master Planned Development Traffic Movement - Projected 5Years PM Peak Hour - 4:15 PM to 5:15 PM 104 103 52 52 51 52 52 181 129 52 179 127 JN 592 -01 -10 7/27/10 P.O. Box 348 Ho108k0, HI 96725 (808)3340322 WITCHER ENGINEERING LLP Consulting Civil Engineers Construction Managers 156 10 146 20 203 183 Hawaiian Riverbend LLC Mixed -use Master Planned Development Traffic Movement - Projected 10Years AM Peak Hour -7:15 AMto8:15AM 23 35 10 13 20 15 15 161 146 13 196 183 JN 592 -01 -10 7/27/10 P.O. Pat 348 Hduelos, HI 96775 (808)334 -0322 WITCHER ENGINEERING LLP Consulting Civil Engineers Construction Managers 189 52 146 51 138 Hawaiian Riverbend LLC Mixed -use Master Planned Development Traffic Movement - Projected 10Years PM Peak Hour - 4:15 PM to 5:15 PM 104 103 grogrArlii r..0116.9, 52 52 51 52 ' DRIVEWAY #5 WAIKOLOA ROAD 52 192 140 52 190 138 JN 592 -01 -10 7/27/10 P.O. Box 348 Hokoba, 81 95775 (808)334 -0322 WITCHER ENGINEERING LLP Consulting Civil Engineers Construction Managers 182 235 10 172 20 215 Hawaiian Riverbend LLC Mixed -use Master Planned Development Traffic Movement - Projected 20Years AM Peak Hour - 7:15 AM to 8 :15 AM 23 35 10 13 20 15 DRIVEWAY #5 WAIKOLOA ROAD 15 187 172 13 228 IMBIND.-- 215 JN 592 -0140 7/27/10 P.O.9az 348 HdNaha, HI 96725 (808)334-0322 WITCHER ENGINEERING LLP Consulting Civil Engineers Construction Managers 217 214 52 165 51 163 Hawaiian Riverbend LLC Mixed -use Master Planned Development Traffic Movement - Projected 20Years PM Peak Hour - 4:15 PM to 5:15 PM 104 103 rwidlhoomlk 52 52 51 52 DRIVEWAY #5 WAIKOLOA ROAD 52 217 165 �.— 52 215 ®1f -163 JN 592 -01 -10 7/27/10 P.O. Box 348 Hahaloa, HI 96725 (808)334 -0322 WITCHER ENGINEERING LLP Consulting Civil Engineers Construction Managers APPENDIX J TRAFFIC MOVEMENT DIAGRAMS ROUNDABOUT UNSIGNALIZED INTERSECTION AM & PM PEAK HOUR _1 Proposed Mixed Use Master Planned Development Waikoloa Road and Paniolo Drive Traffic Movement - 5 -Year Conditions 202 WAIKOLOA AM Peak Hour 7:15 AM to 8:15 AM 167 JN 592 -01 -10 7/27/10 499 w 0 174 37 O J O z 0 28 P.O Box 348 Holualoa, Hawaii 96725 (808) 334-0322 ROAD 134 423 WITCHER ENGINEERING LLP Consulting Civil Engineers Construction Managers 267 Proposed Mixed Use Master Planned Development Waikoloa Road and Paniolo Drive Traffic Movement - 5 -Year Conditions PM Peak Hour 4:15 PM to 5:15 PM WAI KOLOA 473 JN 592 -01 -10 7/27/10 337 w 0 553 71 0 J 0 z 79 ROAD 181 179 WITCHER ENGINEERING LLP P.O Box 348 Holualoa, Hawaii 96725 (808) 334-0322 Consulting Civil Engineers Construction Managers Proposed Mixed Use Master Planned Development Waikoloa Road and Paniolo Drive Traffic Movement - 10-Year Conditions 222 WAI KO LOA AM Peak Hour 7:15 AM to 8 :15 AM 181 JN 592 -01 -10 7/27/10 566 w 0 192 42 0 J _0 z 0 31 ROAD 150 471 WITCHER ENGINEERING LLP P.O Box 348 Holualoa, Hawaii 96725 (808) 334 -0322 Consulting Civil Engineers Construction Managers Proposed Mixed Use Master Planned Development Waikoloa Road and Paniolo Drive Traffic Movement - 10-Year Conditions 219 WAIKOLOA PM Peak Hour 4:15 PM to 5:15 PM 519 JN 592 -01 -10 7/27/10 370 w 0 604 79 O J z 86 P.O Box 348 Holualoa, Hawaii 96725 (808) 334 -0322 ROAD 197 195 WITCHER ENGINEERING LLP Consulting Civil Engineers Construction Managers Proposed Mixed Use Master Planned Development Waikoloa Road and Paniolo Drive Traffic Movement - 20 -Year Conditions 241 WAIKOLOA AM Peak Hour 7:15 AM to 8:15 AM 162 JN 592 -01 -10 7/27/10 625 w c 0 213 45 0 J O Z d 34 ROAD 197 519 WITCHER ENGINEERING LLP P.O Box 348 Holualoa, Hawaii 96725 (808) 334 -0322 Consulting Civil Engineers Construction Managers i l 1 1 l I 1 1 I 321 I I 567 1 1 1 1 1 1 1 1 JN 592 -01 -10 7/27/10 Proposed Mixed Use Master Planned Development Waikoloa Road and Paniolo Drive Traffic Movement - 20 -Year Conditions PM Peak Hour 4:15 PM to 5:15 PM WAIKOLOA 408 w 0 666 87 0 J O 2 Q 96 If ROAD 215 212 WITCHER ENGINEERING LLP P.O Box 348 Holualoa, Hawaii 96725 (808) 334 -0322 Consulting Civil Engineers Construction Managers DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII Memorandum TO FROM SUBJECT 000035) DATE: October 4, 2012 B.J. Leithead -Todd, Planning Director Planning Department Ben Ishii, Division Chie ,engineering Division Change of Zone Application (REZ 12- 000157) State Land Use Boundary Amendment Application (SLU 12- Applicant: Hawaiian Riverbend LLC Location: Waikoloa, S. Kohala, HI T M K: 316 -8 -002: portion 021 We reviewed the subject application and have the following comments to the request: DRAINAGE 1. 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, and the recommended drainage system shall be constructed meeting with the approval of DPW. 2. The applicant shall be informed that if they include drywelis in the subject development, an Underground Injection Control (UIC) permit may be required from the Department of Health, State of Hawaii. 3. The applicant should be required to submit a flood study to DPW as supporting data for the areas indicated as a "floodway" on the Master Plan (Figure 3) and "approximate areas of flood inundation" on the proposed final plat for subdivision 11 -1060 (Figure 2). The subdivision has not been given final subdivision approval to date. Although currently not designated a Special Flood Hazard Area on the Flood Insurance Rate Map, neither has a flood insurance study been conducted for this area. No detailed flood study is on file with the County. Planning Dept. Exhibit A. Memo to PD- REZ 1 2- 000157 October 4, 2012 p. 2 of 4 EARTHWORK 1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 2. The applicant shall comply with chapter 11 -55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires an NPDES permit for certain construction activity. ROADWAYS Waikoloa Road / Paniolo Drive Intersection - The Traffic Impact Analysis Report, updated June 2012 expects the northbound and southbound approaches of the intersection of Waikoloa Road with Paniolo Drive to operate at unacceptable LOS E at build -out. Waikoloa Mauka LLC, the owner of the property southeast and abutting the intersection is required to improve or bond improvements for the intersection of Waikoloa Road with Paniolo Drive as a condition of final subdivision approval. However they recently submitted a request for a 5 -year time extension to comply with the requirement to secure such approval. If the extension request is approved, it could be more than 5 years before the intersection improvements are begun. As a condition of plan approval, the subject property owner shall construct or coordinate and cooperate with required roundabout improvements to the intersection of Waikoloa Road and Paniolo Drive, meeting with the approval of DPW. Any necessary additional right -of -way for such improvements shall be subdivided from the subject property and dedicated to the County, at no cost to the County, upon request. The required improvements shall be completed prior to issuance of any Certificate of Occupancy for the subject property. Paniolo Drive- Paniolo Drive, fronting the subject property is a County Road classified as a collector street in the County General Plan. It has an 80 -foot right of way with two through lanes in each direction fronting the subject property and is improved to subject property line, including an existing planter strip, sidewalk and streetlights. Waikoloa Road- Waikoloa Road fronting the subject property is a County Road, classified as an arterial street on the County General Plan. It has a 120 -foot wide right -of -way with one through lane in each direction. There is no sidewalk along Waikoloa Road fronting the subject property. It is DPW's policy to recommend improvements along the frontage of such proposed commercial developments, such as provided makai of the intersection with Paniolo Drive, fronting Highlands Center. The applicant shall provide full improvements to the entire frontage along Waikoloa Road consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, signs and markings, street lights, and any relocation of utilities; meeting with the approval of the DPW. The applicant shall Hawaii County is an equal Opportunity Provider and Employer Memo to PD- REZ 1 2- 000157 October 4, 2012 p. 3 of 4 construct all improvements at no cost to the County, prior to the issuance of any certificate of occupancy for the subject property. Park Access Road- Easement AE -1 on the final plat and proposed Driveway 1 in the TIAR is a subdivision access road on the proposed park parcel, serving the proposed commercial parcel and the two other parcels of SUB 11- 001060. The applicant should be required to improve Easement AE -1 to dedicable standards with concrete curb gutter and sidewalk, drainage improvements, streetlights signs and markings and utilities, meeting with the approval of DPW, prior to the issuance of any certificate of occupancy for the subject property. Access to County Roads- Access to County Roads, including the provision of adequate sight distances, shall meet with the approval of DPW. All sight distances shall meet AASHTO Guidelines. We note the following issues with regard to the proposed approaches shown as numbered in the TIAR site plan which must be thoroughly examined for conflicts and safe ingress and egress prior to any plan approval for the proposed development: 1. Proposed Driveway 1 is located between two full- movement access approaches to Waikoloa Highlands Shopping Center on the other side of Paniolo Drive, creating very limited or inadequate space within Paniolo Drive for a dedicated southbound left turn lane and a refuge pocket to facilitate left turns from Driveway 1. This approach also has limited sight distance due to a vertical curve on Paniolo Drive. 2. The sight distance left from proposed Driveway 2 is limited by the distance to the Waikoloa Road intersection and proposed roundabout which will have a large radius free right turn when the roundabout is installed. 3. Proposed Driveway 5 is only 100 feet away from the existing full- movement access approach to Waikoloa Stables from Waikoloa Road. Such close spacing of full movement intersections on an arterial street should not be permitted as it limits safe alternatives and contributes to driver apprehension, confusion and error. The approaches should be combined to allow for a desirable left turn refuge lane for two -stage Left turn movements onto Waikoloa Road from Driveway 5. Internal Circulation We note the following issues with regard to the proposed internal circulation shown on the master plan with proposed driveways numbered in the TIAR which should be resolved prior to any plan approval for the development: 1. Only 50 feet is provided between the curb line and the nearest parking lot intersection at proposed driveways 2, 3, 4 and 5. The applicant should be required to reconfigure the internal traffic circulation pattern to omit left turn conflicts within 100 feet of the County street. Hawaii County is an equal Opportunity Provider and Employer Memo to FD- REZ 1 2- 000157 October 4, 2012 p. 4 of 4 2. The internal roads shown on the southern western sides of the soccer field are not on the proposed park parcel. These internal roads could be gated, eliminating access to the park frontage and continuity from Driveway 1 with no turnaround at the end of the cul -de -sac. 3. In the interest of continuity, roadway connections to adjoining parcels should be considered. Whether or not the park parcel is turned over to the County, a connection to adjoining parcel 20 should be considered. Accesses to Waikoloa Road and Paniolo Drive shall be channelized within the County right -of -way, including, where applicable, left turn lanes and right turn /deceleration lanes and left turn refuge lanes, and traffic control measures, meeting with the approval of the Department of Public Works at no cost to the County, prior to the issuance of a certificate of occupancy. Pavement widening and transitions, signs and markings, signals, streetlights, drainage improvements, and relocation of utilities may be required. Prior to any Plan Approval, we recommend the applicant be required to submit a multi - modal Roadway and Traffic Circulation Plan prepared by a licensed civil engineer which addresses the combined access and internal circulation details on plans drawn to scale. The plan shall show project phasing and all lanes and movements (including the proposed roundabout), turning lanes, movement allowances and traffic control. An engineering study shall be submitted to support the plans for access to and channelization of Waikoloa Road and Paniolo Drive, based on anticipated traffic volumes, design speeds and design vehicles, verifying sight distances, geometry, turn lane lengths and transitions as recommended by AASHTO and the Guidelines for Driveway Location and Design by the Institute of Transportation Engineers. The required Roadway and Traffic Circulation Plan and supporting engineering study shall be submitted for approval by the Planning Director in consultation with Department of Public Works. Construction Vehicle Traffic- Until required improvements are made to Paniolo Drive for left turning traffic, access to the subject property for construction traffic shall be limited to Waikoloa Road and restricted to right —in right -out movements only on Paniolo Drive. For Waikoloa Road access, if required by DPW, an eastbound left turn lane and refuge storage lane on Waikoloa Road shall be installed prior to the issuance of on -site construction permits. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 327 -3530. KE copy: ENG- HILO /KONA TRF Hawaii County is an equal Opportunity Provider and Employer DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 3 4 5 KEKUANAO`A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961 -8050 • FAX (808) 961 -8657 September 28, 2012 TO: Ms. BJ Leithead Todd, Director Planning Department FROM: Quirino Antonio, Jr., Manager -Chief Engineer SUBJECT: STATE LAND USE BOUNDARY AMENDMENT (SLU 12- 000035) REQUEST: AGRICULTURAL TO URBAN CHANGE OF ZONE APPLICATION (REZ 12- 000157) REQUEST: A -5a TO CV -10 APPLICANT — HAWAIIAN RIVERBEND, LLC TAX MAP KEY 6- 8- 002:021 (POR) We have reviewed the subject applications and have the following comments. Please be informed that the water system in the area is privately owned and operated. Water availability and improvements should be determined from the private water purveyor that operates and maintains the water system. Pursuant to Section 23 -84 of the Hawaii County Code regulating subdivisions, the following minimum requirements must be complied with for subdivision approval: 1. Provide a water system designed to deliver water at adequate pressure and volume under peak -flow and fire - flow conditions in accordance with the Water System Standards 2002, State of Hawai`i, and the Rules and Regulations of the Department of Water Supply. The water system shall include, but not be limited to, the installation of the necessary distribution pipelines, fire hydrants, and service laterals. 2. Submit construction plans to the Department for review and approval. 3. Pay a fee of four - tenths of one percent of the estimated cost for the construction of the water system, but not less than $50.00, to cover the costs for plan review, testing, and inspection. Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning Branch at 961 -8070, extension 255. FM:dfg copy — Hawaiian Riverbend, LLC Sidney M. Fuke, Planning Consultant 110 yours, Quiri i Antonio, Jr., P.E. Man r -Chief Engineer Nizip,V; Planning Dept. _3 Exhibit 3 # , Q.SJ.- `�_.0___. .`lister, Our Most 'Precious Resource ... ' rz ;Wa.i iron .. . The Dersartenent 'in atet Surieiv is an Ec Ob vectuni . cT ,k ,r and emritav r- William P. Keniiij 4 4; Mayor Z17l7 J jl9 September 14, 2012 County of Hawaii POLICE DEPARTMENT 349 Kapi'olani Street • Hilo, Hawai`i 96720 -3998 (808) 935 -3311 • Fax(808)961 -2389 TO : BJ LEITHEAD TODD, PLANNING DIRECTOR Foy� FROM C/ P�4 JL H. KEALOHA JR., ASSISTANT CHIEF, AREA II OPERATIONS SUBJECT : State Land Use Boundary Amendment Application (SLU 12- 00035) Request: Agricultural to Urban Change of Zone Application (REZ 12- 000157) Request: A -5a to CV -20 Applicant: Hawaiian Riverbend, LLC Tax Map Key: 6- 8- 002:portion 021 The above - referenced application has been reviewed, and we have no comments or objections to offer at this time. Harry S. Kubojiri Police Chief Paul K. Ferreira Deputy Police Chief Should you have any questions, please contact Captain Aimee Wana, Commander of the South Kohala District, at (808) 887 -3080. AW RS120541 Planning Dept. Exhibit If "Hawai`i County is an Equal Opportunity Provider and Employer" SCANNED !.7 '1{Jd William P. Kenoi Mayor September 17, 2012 17 OCT - I p QCountp of Ti9etivail I AWAI'I FIRE DEPARTMENT 25 Aupuni Street • Room 2501 • Hilo, Hawaii 96720 (808) 932 -2900 • Fax (808) 932 -2928 TO : BJ LEITHEAD TODD, PLANNING DIRECTOR FROM . SUBJECT: DARREN J. ROSARIO, FIRE CHIEF T Darren J. Rosario Fin Chief Renwick. J. Victorino 46 Deputy Fire Chief STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 12- 000035) REQUEST: AGRICULTURAL TO URBAN CHANGE OF ZONE APPLICATION (REZ 12- 000157) REQUEST: A5a to CV &0 APPLICANT: HAWAIIAN RIVERBEND, LLC TAX MAP KEY: 6- 8- 002:PORTION 021 We have no comments to offer at this time in reference to the above - mentioned State Land Use Boundary Amendment and Change of Zone application. aff„-- DARREN J. ROSARIO Fire Chief TG:lpc Planning Dept. Exhibit 5' Hawaii County is an Equal Opportunity Provider and Employer. 3 William P. Kenoi Mayor William T. Takaba Managing Director Dora Beck, P.E. Acting Director Count of Agua 1 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 : August 31, 2012 To : BJ LEITHEAD TODD, Planning Director From: DORA BECK, P.E., Acting Director ,613 Subject: State Land Use Boundary Amendment Application (SLU 12- 000035) Request: Agricultural to Urban Change of Zone Application (REZ 12- 000157) Request: A -5a to CV 7..1( Applicant: Hawaiian Riverbend, LLC TMK: 6- 8- 002:portion 021 SEP102012 RECEIVED COUNTY OF HAWAII PLANNING DEPT. The Solid Waste Division has reviewed the subject application and offers the following recommendations (Please note Wastewater Division's comments will submitted separately): DEPARTMENT COMMENTS: ( ) Wastewater Division had no comment as this area is not a sewered and there are no immediate plans for sewering of the area. ( ) Other SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.) (y) No comments ( ) Commercial operations, State and Federal agencies, religious entities and non - profit organizations may not use transfer stations for disposal. ( ) 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. ) 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 department on current status. ) Other: ( ( ( ( ( ( Planning Dept. Exhibit County of Hawai`i is an Equal Opportunity Provider and Employer. SCANNED By: Ai §2j1) NEIL ABERCROMBIE GOVERNOR OF HAWAII root` October 11, 2012 MEMORANDUM To: STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESERVATION DIVISION 601 KAMOKILA BOULEVARD, ROOM 555 KAPOLEI, HAWAII 96707 Russell Tsuji Land Division PO Box 621 Honolulu, HI 96809 FROM: Mike Vitousek, Lead Archaeologist Hawaii Island Section WILLIAM J. AILA, JR. CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT PAUL J. CONROY INTERIM FIRST DEPUTY WILLIAM M. TAM DEPUTY DIRECTOR - WATER AQUATIC RESOURCES BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING FORESTRY.AND WILDLIFE HISTORIC PRESERVATION KAIIOULAWE ISLAND RESERVE COMMISSION LAND STATE PARKS LOG NO: 2012.2623 DOC NO: 1210MV14 Archaeology SUBJECT: Chapter 6E -42 Historic Preservation Review — State land Use Boundary Amendment Application (SLU 12- 000035) and Change of Zone Application (REZ 12- 000157) for the Hawaiian Riverbend LLC Project Waikoloa Ahupua`a, South Kohala District, Island of Hawaii TMK: (3) 6 -8- 0052:021 Thank you for the opportunity to review the subject application that was received by our office on September 6, 2012. We apologize for the delayed review and thank you for your patience. According to the application, the applicant proposes to amend the state land use boundary from agricultural to urban and change the county zoning from A -5a to CV -20 in order to develop a shopping complex on 14.622 acres of the 31.322 acre parcel area. A review of our records indicates that an archeological survey of this parcel was conducted by Haun and Henry (2010). There were no historic properties recorded during this survey, and as a result the survey was presented as an Archaeological Assessment (AA) that was accepted by SHPD via correspondence LOG NO 2010.2807 DOC NO 1111TD30. Because there were no archaeological sites recorded in this project area, and no further work is recommended in the approved AA, the State Historic Preservation Division believes that no historic properties will be affected by this project. However, in the event that historic resources, including human skeletal remains, structural remains, sand deposits, midden deposits, or lava tubes are identified during construction activities, please cease work in the immediate vicinity of the find, protect the find from additional disturbance, and contact the State Historic Preservation Division at (808) 933 -7653. Please contact Mike Vitousek at (808) 652 -1510 or Michael.Vitousek(aalawaii.gov if you have any questions or concerns regarding this letter. CC'Bobby Jean Leithead -Todd Planning Director County of Hawaii 101 Pauahi Street Suite 3 Hilo, HI 96720 Planning Dept. Exhibit 7 ..9 S 1' 61 NFIL 111ERCR(MIBIF C.AVI MNI>K 1* HAW/111 STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION 1>OS 1 OFFICI= 130X 621 11ON01 Ul U. IIAWAII 968119 September 24, 2012 County of Hawaii Planning Department Attention: Mr. Jeff Darrow 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Darrow: T WILLIAAII. tit..., JII, CnMMw Ma1N IK lAKI/ iq� lJWN ANI> N 111 MM KEXtl11MC E :11 . !/MI \ N. 51 M RivKKIAN1 IM FNl via email: idarrow@co.hawaii.hi.us SUBJECT: State Land Use Boundary Amendment Application (SLU 12- 000035), Hawaiian Riverbend, LLC, Applicant, Waikoloa, South Kohala, Hawaii; TMK: (3) 6 -8- 002:021 por. 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 comments. At this time, enclosed are comments from (i) the Engineering Division, (ii) the Hawaii District Land Office and (iii) Division of Forestry & Wildlife on the subject matter. Should you have any questions, please feel free to call Kevin Moore at 587 -0426. Thank you. Enclosure(s) Sincerely, Russell Y. Tsuji Land Administrator Planning Dept. Exhibit .1` 17 08 1 j NEIL ABERCROMBIE GOVERNOR 7117 1" 1 8: 52 MEMORANDUM DATE: TO: FROM: SUBJECT: September 21, 2012 STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721 -0916 Bobby Jean Leithead Todd Planning Director, County of Hawaii LORETTAJ. FUDDY, A.C.S.W., M.P.H. Director of Health Newton Inouye t4 District Environmental Health Program Chief State Land Use Boundary Amendment Application (SLU 12- 000035) Request: Agricultural to Urban Change of Zone Application (REZ 12- 000157) Request: A -5a to CV -0 Applicant: Hawaiian Riverbend, LLC Tax Map Key: 6- 8- 002:portion 021 The subject project is located within the Waikoloa (Hawaii Water Service Co.) wastewater sewer system. All wastewater generated shall be disposed into the Waikoloa (Hawaii Water Service Co.) sewer system. Underground Injection Systems (Ph. 586 -4258) which receive wastewater or storm runoffs from the proposed development need to address the requirements of Chapter 23, Hawaii State Department of Health Administrative Rules, Title 11, "Underground Injection Control." 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 (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on August 31, 2012. 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 "[ajny 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 na a -- ..�. -..,.. L. TSCANNFD 0;81 .235 0) cu CLi 0 -c X CL LLi BJ Leithead Todd September 24, 2012 Page 2 of 4 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 /environmentaUwater /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 /gent - index.html. Storm water associated with industrial activities, as defined in Title 40, Code of Federal Regulations, Sections 122.26(b)(14)(i) through 122.26(b)(14)(ix) and 122.26(b)(14)(xi). [HAR, Chapter 11 -55, Appendix B] ii. Construction activities, including clearing, grading, and excavation, that result in the disturbance of equal to or greater than one (1) acre of total land area. The total land area includes a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under a larger common plan of development or sale. An NPDES permit is required before the commencement of the construction activities. [HAR, Chapter 11 -55, Appendix C] 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] BJ Leithead Todd September 24, 2012 Page 3 of 4 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] 3. 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. 4. Any discharges related to project construction or operation activities, with or without a Section 401 WQC or NPDES permit coverage, shall comply with the applicable State Water Quality Standards as specified in HAR, Chapter 11 -54. Hawaii Revised Statutes, Subsection 342D -50(a) requires that "[n]o person, including any public body, shall discharge any water pollutants into state waters, or cause or allow any water pollutant to enter state waters except in compliance with this chapter, rules adopted pursuant to this chapter, or a permit or variance issued by the director." If you have any questions, please contact Mr. Alec Wong, Supervisor of the Engineering Section, CWB, at (808) 586 -4309. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11 -46, "Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on -site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933 -0917. BJ Leithead Todd September 24, 2012 Page 4 of 4 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 12- 000035 REZ 12- 000157.my NEIL AtIEN('IIOM01E Id IVI•PM ti 01 HAWAII STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POS C OI ;PICT: liOX 621 1 ION() LI 11. (J.1 I A W A I 1 96800 September 4, 2012 MEMORANDUM TO: DLNR Agencies: _ _Div. of Aquatic Resources Div. of Boating & Ocean Recreation X Div. of Forestry & Wildlife __Div. of State Parks _Commission on Water Resource Management Office of Conservation & CoastaI Lands X Land Division - Hawaii District X I Iistoric Preservation FROM: SUBJECT: LOCATION: APPLICANT: WILLIAM .1 AILA.JN. t IIAMM Mon 1.1W11. 1 1 11.11 .V41• N4lt'.wnl 1MuNMII NI I it,' WAIT 11111 NM1t11 f.WI ldd MI tt 1 riuggi-V. Tsuji, Land Adn ff is r-- State Land Use Boundary Amendment Application (SLU 12- 000035) Waikoloa, South Kohala, Hawaii; TMK: (3) 6 -8 -002: 021 por. Hawaiian Riverbend, 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 September 24, 2012. 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 Kevin Moore at 587 -0426. Thank you. Attachments ( ) We have no objections. ( ) We have no comments. ( -L) Comments are attached. Signed: Print Nam Date: cc: Central Files 081231 DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD /KevinMoore REF.: StateLand UseAmendmen tWaikoloa Hawaii.581 COMMENTS We confirm that the project site, according to the Flood Insurance Rate Map (FIRM), is located in Zone X. The National Flood Insurance Program does not have any regulations for developments within Zone X. Please take note that the project site, according to the Flood Insurance Rate Map (FIRM), is located in Zone _ _ 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 NF1P Coordinators below: () Mr. Mario Siu Li at (808) 768 -8098 or Ms. Ardis Shaw -Kim at (808) 768 -8296 of the City and County of Honolulu, Department of Planning and Permitting.. () Mr. Frank DeMarco at (808) 961 -8042 of the County of Hawaii, Department of Public Works. () Mr. Francis Cerizo at (808) 270 -7771 of the County of Maui, Department of Planning. () Ms. Wynne Ushigome at (808) 241 -4890 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. he applicant should provide the water demands and calculations to the Engineering Division so it can be included in the State Water Projects Plan Update Additional Comments: Other: Should you have any questions, please call Ms. Suzie S. Agraan of the Planning Branch at 587 -0258. Signed: CARTfl $. CI CHIEF ENGINEER Date: r.EP 12012 081231 NFJLABERCROM DIE GOVERNOR Of HAWAII TO: FROM: SUBJECT: LOCATION: APPLICANT: STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE. 130X 621 IIONOI.UI U, IIAWAII 96809 September 4, 2012 MEMORANDUM DLNR Agencies: Div. of Aquatic Resources Div. of Boating & Ocean Recreation X Engineering Division X Div. of Forestry & Wildlife Div. of State Parks Commission on Water Resource Management Office of Conservation & Coastal Lands band lDly g1on Hdikrai,District X Historic Preservation WILLIAM J. MIA. JR WIMP'HhIY: IN IANIMIW: Mi11 AM. r «1 ii IIA1 {I W $'UU . / 14.IMItiAi1 X11 M1 WAII N NI VA WI MANA.4 MINI 2012 SEP -5 P 2: 10 RECE1V':_ o LAM) DIVISION HILO. HAWAII (--"iisfrell7. Tsuji, Land Adminlstrat State Land Use Boundary Amendment Application (SLU 12- 000035) Waikoloa, South Kohala, Hawaii; TMK: (3) 6 -8 -002: 021 por. Hawaiian Riverbend, 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 °September 24, 2012. 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 Kevin Moore at 587 -0426. Thank you. Attachments cc: Central Files ( ) We have no objections. ( We have no comments. ( ) Comments are attas,hed. Signe Print Name: Gcle- 71vr. h-- Date: /47/;20.7.--- 08 1 23 NEO. AlHERN9lOM HIE * iVIlI)1(IN (IF unwMl TO: FROM: SUBJECT: S LOCATION: APPLICANT: aw.nr STATE OF HAWAII DEPARTMENT OP LAND AND NATURAL RESOURCES LAND DIVISION POST OPI Icli 110X 621 110N01.111.11. 11A WAI 1 96111)0 September 4, 2012 MEMORANDUM DLNR Agencies: _Div. of Aquatic Resources Div. of Boating & Ocean Recreation X Engineering Division X D d F i°es i1diife __Div. of State Parks ___Commission on Water Resource Management Office of Conservation & Coastal Lands X Land Division — Hawaii District X I listoric Preservation (711§§-----ell Y. Tsuji, Land Adminlstrat tate Land Use Boundary Amendment Application (SLU 12- 000035) Waikoloa, South Kohala, Hawaii; TMK: (3) 6 -8 -002: 021 por. Hawaiian Riverbend, LLC WILL IAAIJ. A/I.A.JR 11 11NM AVM I, IWI/ 111.,1 Vito,,rt. i 11MIAIlAHMM It WAIIN MIt1N1N1 1 MAt1I 1 MI N1 Transmitted for your review and comment on the above referenced document. We would appreciate your comments on this document. Please submit any comments by September 24, 2012. 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 Kevin Moore at 587 -0426. Thank you. Attachments cc: Central Files ( ) We have no objections. (x4) We have no comments. ( ) Comments are attached. Signed: Print Name: QI,)s,, lye, Date: gis 081231 South Kohala Traffic Safety Committee P.O. Box 383375 Waikoloa, HI Ms. Bobby Jean Leithead -Todd - Director Hawaii County Planning Department Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 808 961 -8288 Fax plannincf(2co.hawaii.hi.us September 24, 2012 T 3: 33 Ref: Hawaiian Riverbend LLC Change of Zone (REZ 12- 000157) TMK# 6 -8- 002:021 Request A -5a to CV -20, Planning Department Comment Aloha Director Leithead -Todd, I am Michael Price and reside at 68 -1794 Auhili Loop in Waikoloa Village, HI 96738. I am representing South Kohala Traffic Safety Committee (SKTSC) as its Chairperson. Previous documentation submitted verifies I am authorized to represent South Kohala Traffic Safety Committee as its Chairman. Thank you for the opportunity to provide written comment regarding this application. South Kohala Traffic Safety Committee can only comment on the traffic safety portion of this Application. South Kohala Traffic Safety Committee approved Conditional Support for this change request from A -5a to CV -20 on September 11, 2012. The Committee's support is based on the following conditions being met: 1. First restrict construction traffic entering and existing this proposed development to Waikoloa Road driveways preferably with turn lane and protection pocket. Paniolo Avenue is the only entrance and exit to Waikoloa Village. Heavy equipment and construction traffic will cause further congestion and damage to the already deteriorated asphalt surface. 2. The time extension request by Waikoloa Mauka LLC (REZ 678, Docket No. 90- 000012) may delay the required installation of the Waikoloa Road /Paniolo Avenue (Drive) /Puu Melia Street Roundabout and project channelized entrance on Waikoloa Road installation beyond 2015. The Waikoloa Mauka LLC submitted Traffic Impact Analysis Report (TIAR) dated August 2012 and prepared by Witcher Engineering LLP indicates the Level of Service at the current 2 way stop intersection will reach Level of Service (LOS) D and E by 2015. These are unacceptable LOS per Hawaii County Standards. The South Kohala Traffic Safety Committee requests the Roundabout be installed before any LOS decline below Level C. The Occupancy Permit for the Hawaiian Riverbend LLC development needs to be withheld until Waikoloa Mauka LLC or others install and dedicate to the County the intersectional improvements required in Condition C prior to receipt of Final Subdivision Approval or sooner in the event the warrants for such installation are justified by the Director of Public Works and /or County Ordinance. 3. Proposed driveways on Paniolo Avenue design must meet sight distance requirements before approval of this REZ 12- 000157 request. This is an area of heavy traffic and limited sight distances. It would appear that proposed driveways #1 - #4 may not meet Page 1 of 2 Planning Dept. Exhibit f 081219 the sight distance requirement and need to be restricted to right turn entry from the County Road and right turn exit to the same. 4. Driveways, street striping, barriers and other infrastructure improvements are mentioned on page 16 of this application under Section VIII. Impact Significance Analysis, C. Mitigative Measures: "Off -site traffic - related improvements along Paniolo Avenue and Waikoloa Road will also be provided ". These improvements in addition to the Roundabout intersection, by others, need to be completed and dedicated to the County prior to issue of the Occupancy Permit. The justification for the requests listed above are the additional financial liability the County taxpayer takes on if the LOS of the Waikoloa Road /Paniolo Avenue (drive) /Puu Melia Street intersection declines resulting in longer delays resulting in increased aggressive driving accidents. Furthermore the "free" left turn Eastbound into the Village remains as a high risk for T- Bone collisions and pedestrian fatalities. Paniolo Avenue is the only entrance and exit of Waikoloa Village. We agree that the proposed roundabout improvement will increase safe traffic flow and reduce delays during a fire evacuation, saving lives. Increased traffic from the workforce housing development and this Hawaiian Riverbend LLC development impacts traffic in the near future and mitigation is needed before the 2015 loss of LOS at the intersection. The Waikoloa Road /Paniolo Avenue (Drive) /Puu Melia Street intersection is adjacent to high density housing, an existing commercial center and a future proposed County Park. SKTSC is very concerned about exposing all transportation users (vehicle operators, bicyclists and pedestrians) to addition traffic safety risk impacts that this development presents The past problems with deferred improvements and litigation surrounding the Hukulia, Aina Lea, Castle & Cook Makani Kai and Weilani Developments, and this development property provide the need to guarantee the installation of infrastructure improvements required by new development. Strong language and conditions are warrantied to protect the public and County taxpayers. The administration's procedure of following past practices, favoring certain developments with waivers and then expecting a different result (fair and timely infrastructure improvements) is unacceptable and only adds to the public distrust of the County government. SKTSC notes the developer's commitment on page 22 under IX Regulatory Analysis — County and State Land Use Policies, C. South Kohala Community Development Plan (CDP), 2. "Within the project site, accommodations for bike paths and transit stations can be made. Cross access within the project between Waikoloa Road and Paniolo Drive (Avenue) will also be provided to improve overall traffic and pedestrian circulation in this area." These commitments will only be workable if safe intermodal transportation interfaces are in place on adjacent property and County Roads. I can be contacted at 883 -2918 or whao(ciihawaii.rr.com . Again thank you for this opportunity for the SKTSC membership to comment. Sincerely, Mike Price -Chair South Kohala Traffic Safety Committee CC: SKTSC Councilman Pete Hoffmann — Hawaii County Council Page 2 of 2 SidneyFuke, Planning Consultant. 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 Telephone: (808) 969 -1522 • Fax: (808) 969 -7996 E -mail: sidfuke @hawaiiantel.net October 12, 2012 Ms. BJ Leithead Todd, Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street Hilo, HI 96720 Dear Ms. Leithead Todd: 2012 OCT �$ TPlanning • Variance • Zoning s Subdivision • Land Use Permits • Environmental Reports 2: 21 Subject: SLU (12- 000035) and Rezoning (12- 000157) Requests APPLICANT - Hawaiian Riverbend, LLC Waikoloa, South Kohala, Hawai'i, TMK: 6-8-002: 022 Por Thank you for providing me agency comments to date regarding the subject matter. In response to those comments, we respond as follows: a. The Fire Department and the Department of Environmental Management (Solid Waste and Wastewater) had no comments and/or objections to the requests. b. Relative to the Department of Water Supply's comments, the applicant is aware that the system in this area is serviced and operated by a PUC- approved private water company. As such, the applicant intends to secure its water through this private water company, while assuring that the system standards meet with the approval of the Department of Water Supply. c. In response to the South Kohala Traffic Safety Committee's comments, the applicant appreciates its endorsement of the requests, albeit conditional. As to limiting construction traffic only from Waikoloa Road, that could be done with certain understandings. This limitation would apply for the on- site development and not necessarily the construction of the utility infrastructure, especially the main road leading into the project as well as to the future County park and/or community center. Further, there construction vehicles may be approaching the site from the Village. To compel them to make negotiate the Waikoloa Road/Paniolo Avenue intersection and again, another left turn at Waikoloa Road may not be prudent. It is also understood that unless and until the improvements at the Waikoloa Road/Paniolo Avenue intersection are improved, occupancy permits shall not be issued. As such, should this project proceed earlier than Waikoloa Mauka, LLC's proposed subdivision, it will have to arrange for the intersection to be completed. Planning Dept. Exhibit l/ Ms. BJ Leithead Todd, Director October 12, 2012 Page 2 The applicant accepts and understands the all driveways have to meet with the required sight distance requirements of the County. We trust that these adequately address the comments to date. If not or should there be additional comments, please feel free to direct them to me. Thank you very much. incerely, i a SIDNEY M. FUKE Planning Consultant Copy - Hawaiian Riverbend, LLC w/ enclosures SidneyFuke Pia{ ining Consultant 100 Pauahi Street, Suite 212 Hilo, Hawaii 96720 Telephone: (808) 969 - 1522' - Fax: (808) 969 -7996 E -mail: sidfuke@hawaiiantel.net October 15, 2012 Ms.-13j , Leithead Todd, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear'1VIs. Leithead Todd: PLAN II If E.�Sij41 2012 OCT l' ENT 15 Pr3 ? 36 • Planning • Variance '• Zoning • Subdivision • Land Use Permits • Environmental Reports Subject: SLU (12- 000035) and Rezoning (12- 000157) Requests APPLICANT Hawaiian Riverbend, LLC Waikoloa, South Kohala, Hawai'i, TMK: 6 -8 -002: 022 Por Thank you for providing me with a copy of the Department of Public Works' ( "DPW ") comments regarding the subject matter. In response to those comments, we respond as follows: DRAINAGE Prior to developing the project, a conceptual and subsequently, detailed drainage and/or flood mitigation plan will be submitted to address the requirements of the DPW. The conceptual, DPW - approved drainage plan will be submitted, as required by law, in conjunction with the Plan Approval process. The detailed plan will be submitted for the review and approval of DPW prior to or in conjunction with any land development permit. These plans will reflect the on -site disposal of all development generated runoff through a system of drywells or other drainage mitigation measures. These approved systems will be in place prior to issuance of any occupancy permit for the project. Further, the require construction permits, including the NPDES and UIC, will be applied for and secured prior to their construction. 2. EARTHWORK The appropriate construction permits — such as grading, grubbing, NPDES - will be applied for and secured prior to any land disturbance activity. ROADWAYS The applicant understands that based on the Traffic Impact Analysis Report, its project will necessitate completion of the roundabout at the Waikoloa Road/Paniolo Drive intersection. While this is an obligation on the part of another project (Waikoloa Mauka, LLC), the applicant understands and accepts that these improvements will have to be in place prior to issuance of Planning Dept. Exhibit Ms. BJ Leithead Todd, Director October 15, 2012 Page 2 any occupancy permit. As such, the proposed, condition recommended by DPW is appropriate and acceptable. Further, the applicant understands and accepts that the property frontage along Waikoloa. Road rust also be improved with a curb, gutter, and sidewalk section. This will be completed by the applicant prior to issuance of any occupancy permit. Likewise, as the proposed access to the future' County park/comnunity'center lot will also provide access to the subject project, the applicant understands and accepts that this road access must also be improved` prior to issuance of any occupancy permit. The proposed condition recommended by DPW is thus acceptable. The applicant is also prepared to submit detailed traffic analysis in conjunction with the Plan Approval project to comport with sight distance an d related requirements for both Paniolo Avenue and Waikoloa Road. At that time, the location and number of accesses, particularly along Waikoloa Road, can be addressed. It should be noted that the applicant is currently in discussions with the Waikoloa Village Association regarding the possibility of having a shared access in the vicinity of the stables and a potential future library site. The proposed project is only in its conceptual stages. This will have to be adjusted to accommodate market, sight distance, and related issues. When final plans are submitted for consideration during the Plan Approval process, the matter of internal and cross property circulation will be finalized in a manner meeting with the approval of DPW. Thus, the recommendation of DPW relative to a multi -modal Roadway and Traffic Circulation Plan prior to receipt of Plan Approval is acceptable. Finally, relative to construction vehicle traffic, the recommendations of DPW are acceptable. We trust that these adequately address DPW's comments. If not or should there be additional comments, please feel free to direct them to me. Thank you very much. here SIDNEY M. FUKE Planning Consultant Copy - Hawaiian Riverbend, LLC w /enclosures SidneyFuke,'. ,nning Consultant - 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 Telephone: (808) 969 -1522 • Fax: (808) 969 -7996 E -mail: sidfuke@hawaiiantel.net Ms. BJ Leithead Todd, Director Planning Department COUNTY OF HAWAI` 1 101 Pauahi Street Hilo, HI 96720 Dear Ms. Leithead. Todd: • ,I sf.,tt '1 • • <..AN 11, _., i, II 1,! rr316 ti °1 7:31 October 15, 2012 • Planning • Variance • Zoning • Subdivision • Land Use Permits • Environmental Reports Subject: SLU (12- 000035) and Rezoning (12-000157) Requests APPLICANT — Hawaiian Riverbend, LLC Waikoloa, South Kohala, Hawaii, TMK: 6 -8- 002: 022 Por n the planning and environmental report prepared for the subject applications, there were discussions of the project's consistency with the County General Plan and the South Kohala Community Development Plan. I would like to use this means to supplement and further address the consistency issue. GENERAL PLAN ( "GP ") As noted in the introductory section of the General Plan (Ordinance No. 05 25), the County GP "is the policy document for the long range comprehensive development of the island of Hawai'i. " (Underscore added). There are thirteen (13) elements ranging from Economy to Land Use where policies, standards, and courses of action are outlined. These are then broken down by the various political districts of the County. Relative to the Land Use element, in addition to the policies, standards, and courses of action, there is also reference to a Land Use. Pattern Allocation Guide ( "LUPAG ") map. The GP notes that this. map "indicates the general location of various land use in relation to each other. " It goes on to note that "The land use pattern is a broad, flexible design intended to guide the direction and quality of future developments in a coordinated and rational manner. " (Underscores added) Furthermore, in the Standards portion of the Land Use element, there is a description of how this LUPAG map is-to be used as well as how zoning requests should be evaluated. Specifically, pertinent portions of the Standards state: "The designated land uses will be delineated on the General Plan Land Use Pattern Allocation Guide Map. The broad -brush boundaries indicated are graphic expressions of the General Plan policies, particularly those relating to land uses. They are long -range guides to general location... " (Underscore added). Ms. BJ Leithead Todd, Director October 15, 2012 Page 2 "The establishment of urban -type zoning may include additional acreages to account for acreages utilized for public benefit, such as historic sites, public access and parks." Based on the above, the LUPAG map was never designed to be specifically measurable. It is intended to depict "broad-brush boundaries" and represents long -range guides to general location. True to its description - Land Use Pattern Allocation Guide -, the map is intended to serve as a "guide" and not be applied in the same way as a zoning map, where its deviation would necessitate an amendment. If the LUPAG map were to be applied and used in the same way as a zoning map, it would not be possible for many previously- approved Special Permits — such as an auto repair facility - to be approved in areas interpreted to be in the Extensive Agricultural, Orchard, or Intensive Agriculture Land category. The point here is that the GP is basically a policy document and the LUPAG map is a corollary guide that helps with the evaluation of a land use request relative to these policies. In the end, a case must be made to demonstrate how a request addresses the policies of the GP and not necessarily the LUPAG map. This is supported by the attached May 15, 2001 opinion by the Office of the Corporation Counsel wherein it concluded: because the general plan and LUPAG map are intended to flexibly establish only the general location of different types of uses in relation to each other, the property's LUPAG map location should not automatically foreclose consideration for rezoning_ The significance of the LUPAG map location should be considered in light of the advice of the Planning Director and the recommendations of the Planning Commission regarding this rezoning.. " (Underscored added). SOUTH KOHALA COMMUNITY DEVELOPMENT PLAN The Plan Implementation section of the GP also discusses the role and function of Community Development Plans ( "CDP "). It notes that the CDP "translates the broad General Plan statements to specific actions as they apply to specific geographical areas." Among other matters, the GP states that the CDP "should direct physical development and public improvements within a specific area and may "contain detailed land use and zoning guide maps, plans for roadways,.... " (Underscore added). The South Kohala CDP ( "SKCDP ") became legally effective on November 20, 2008 (Ord. No. 2008 -159). "Conceptual" land use plans for various areas within the South Kohala District are included in the SKCDP. These plans were developed for Waimea Town, Waikoloa Village, Kawaihae, and Puako. Ms BJ Leithead Todd, Director October 15, 2012 Page 3 Relative to Waikoloa Village, the conceptual plan identifies the subject properties as "Maintain Ag Zoning" and "Community Center and Park Alt. #2". In that regard, we would like to make the following observations: 1 By definition, the plan is "conceptual" and serves as a "zoning guide map As such, when evaluating future land use proposals, the plan should be reviewed in the context of the GP and SKCDP policies and not be summarily dismissed by virtue of what is stated on the "conceptual" land use guide plan. This policy approach was taken in the evaluation of the proposed rezoning and State Land Use applications. 2. There are current discussions with the Waikoloa Village Association over the possible urbanization of areas adjacent to the stables and the subject properties to accommodate other public or quasi - public facilities like a library or medical facility. If the "hard line" approach were taken relative to the applicability of this conceptual guide plan for Waikoloa Village, it could frustrate those other erstwhile public objectives, short of having the CDP and possibly the GP amended. 3 Finally, the discussion of the community center /park site with the community predated the adoption of the SKCDP. It occurred with the understanding of having some sort of urban uses adjacent to it to a) help underwrite the cost of the needed infrastructure to support the development of the park site; and b) provide a land use synergy between both uses, particularly in: the area of shared access and parking. SUMMARY In sum, the LUPAG map and the Waikoloa Village Conceptual Plan are an important component of the General Plan and South Kohala Community Development Plan, respectively. However, unlike the zoning map, they cannot be independently used to decide what uses can or cannot be permitted for a proposed land use request. That can only be done through a detailed and thoughtful policy analysis of those documents — the GP and SKCDP. To do anything less would render the GP and CDP as one dictated by a map and not policies. And that would be contrary to the intent of the County Charter which describes the GP as a policy and not necessarily a map document. Accordingly, the analysis contained in the planning and environmental report prepared for these applications was done with the above in mind. While being mindful of the map and/or plan of the GP and SKCDP, the analysis weighted heavily on the policies of those documents. The report addressed all essential goals, policies, and standards of the General Plan. It also addressed the more detailed policies and sub- policies contained in the SKCDP. After reviewing the report, we trust that, in the end, you will agree with the conclusion offered therein that the requests are consistent with the policies of the GP and SKCDP. Ms. BJ Leithead Todd, Director October 15, 2012 Page 4 Should you have further questions on this matter, please feel free to contact me. Thank you very much for your attention to this matter. Sincerel n. SIDNEY M. FUKE Planning Consultant Enclosure Copy Hawaiian Riverbend, LLC wI enclosure Harry 1�bn Mayor D• Jl•• OFFICE OF THE CORPORATION COUNSEL 101 Aupnnl Street. Suite 323 • Hilo. Hawaii 106720.4262 • (808 'Ili 1 g I • PAX (808) (if i 1622 May 15, 2001 Ms. Bobby Jean Leithead -Todd Planning Committee Chair Hawai`i County Council 25 A.upuni Street ITilo, Hawaii 96720 Dear Ms. Leithead -Todd; RB, Communication 60 /Bill 17 Change of Zone Application, RS 40 to CC; 20 TMK: 2 -2 -40;14 and 69 Matsuno Enterprises, Ltd. (Our Entry No, 287) l -1i caln S.'I +shida Coon) r?lOISC/ Gc -ft Id'1 ime A N mud This is in response to your letter dated April 3, 2001, in which you ,il;ked for a legal opinion as to what is the General Plan Land Use Pattern Application i iuicic (LUPAG) Map designation of the subject property. This Lit testier) arises in ';ontcx t Of the owner's application for upzoning, and the Charter Section .3 -15 (b) requirement that no zoning ordinance "shall bo initiated or adopted unless the amc conforms to and implements the general plan." We have reviewed various historical documents regarding the disc.,ion of whether this property was interpreted as being within the lrigh density area. I:s former PIanning Director Albert Lyman: It appears that Mr. Lyman did in 1987 gi \, yrhe � Planning Commission his opinion that this property is "already- included" reflected" in the high density designation. Hearing Transci i pt 1 1 'ready 15, By letter of Novenxhcr 4, 1988 the owners neverthclesN ;Isis d tliesCou 1 i j 7 1). 14 specifically- includo the property in the high � � I sp cifi Domingo asked Y gh density area, I; trlu'II to g a ked the Council to include this request In tih�tLUPAG2tn. � changes )�.r� c.hitrtges Ms. Bobby Jean Leithead -Todd May 15, 2001 Page 2 to be rcconirnended to the Commission, On February 15, 1989, the Council appears to have forwarded the request to the new Planning Director, 1)uanc iKanuh j_ However, the request does not appear to have been included in the final changes to thy:. 1. t,PAG limp. Prior amendments placing the Prince Kuhio Pla7,11 arca into high density ident.ifiet Puainako Street as the boundary, All concerned concede that the LUPA,(_; map was not formally changed to include the subject property in the high density area, You have essentially asked whether Planning Director Lyman's interpretive stateracttts have ti-.e legal effect Of including the subject property in the high density arca, and i fso, under what authority. The short but somewhat superficial answer is "no," Mr. Lyman' g' interpretation does not change the LUPAG map. The LUPAG asap, consistent with gem ral plan history, graphically seems to show Puainako street as the boundary betwot!u the Prince Ktthio Plaza high density area and the subject Lower density area. I f you u:,surnc the foregoing, accorditig to the LUPAG map the subject property was and r'einnains on the lower density side of Puainako Street. As Councilman Tyler aptly noted, ' you could giv this to a grade school person and they could tell you exactly whore this property is." April 3, 2001 minutes, pp. 9 -10, However, does this necessarily mean that an upzcming of this property could riot "conform to and implement the general plan" as required by Charter Sec ti cat 3- 15(c)' Not necessarily, That is a decision as to which the Plana i ng•Director may .tdvise the Council, and which the Council must ultimately make. This is because the LUPAG map was not meant to describe in fine :etail what specifc lots wero immutably predestined to specific designations. The General Plan p,79 under "Proposed Land Use Pattern" states; "There are no universal standards for determining the amount oriand needed in the future for each land use or activity located within art t..reu, Estinratea can be made, however, of the future land use acreage allocation for each use. The land use pattern is a broad, flexible design intendi'd to guide the direction and quality of future developments in a coordinated and rational manner. The General Plan Land Use Pattern Allocation Guide Map indiel Ics the ger1er(1 irocation of various land uses in relation to each other. Ms. Bobby Jean Leithead -Todd May 15, 2001 Page 3 Land uses are designated generally on the map in reference to the followin categories: , .." (Italics added) The General Plan goes on to list the various Urban. find Rural De: :ir nations. But 1 its own terms, the land use pattern and the LU1?AG map is intended to show a "broad, flexible design," indicating only the "general location of various land us C':i in relation to each other," Uses are only designated "generally" on the neap by category. The ',UP/V. inap clearly is not intended for use as a parcel -by- parcel delineation of use limitations. It can be argued that where streets are used as boundaries, this should provide precise use limitations for adjacent properties. However, it is apparent ilia t the map :s no scaled to provide that degree of accuracy. Indeed, the stn ets are not even marked or idcntiiied, The current Planning Director, Mr. Christopher J. Yuen, in 1 :os A.pri] 27, 200 letter to Corporation Counsel Lincoln Ashida, notes that "there are many ittstances her zoning has been allowed that is not precisely .cansistent.\vi th the LUPA(;l, f you try to precisely scale the map." This includes area such as parts ofthc Kona Industrial subdivision and the Ritz- Carlton Hotel. If the asap is not scaled for this lc;yel oE'accurac} then even the accuracy of the supposed streets is in question. Even if one ',vented to use the map for parcel -by- pared categorization, it simply is not sealed to do so, It can be argued that the History of the Plaza specifically ica11y identifies PuitinEmko as the boundary between areas, However, if the purpose of. the: 1.f-1PAG snap is. to show the "general" location of various intended land uses, and not ,specific parcel Itlatus, then it should be used in a general way, especially regarding lots which are on the boundary lines. This parcel is definitely on the boundary line. Puainako Street may Iell you were the line is, but the general plait says the line is still general, broad and fle :K ible m its application. For parcels such as this, it would be convenient but probably a mi;.�a:,e of the LUPAG snap to simplistically say, "can't even consider it, would not con (him to and implement the general plan." The General Plan and LUPAG map actually .;,how this lot adjacent to the very edge of the generally shown high density area. In suet a situation. it falls to the Planning Director to advise the Council on whether upzoning Of this particular parcel would conform to the general plan, as expressed by the general ou, :(iryes of'the designated use areas. Ms. Bobby Jean Lcithead- -Todd May 15, 2001 Page 4 Before the 1998 Charter amendments, the Planning Director was, a along other things, to: to: (a) Servo as the chief planning officer of the county and lh►.: t'x:Itnical advisor to the mayor, planning commission, and council on all planning and related matters. (b) Prepare a general plan and amendments thereto to t u;th, the development of the county district or districts. (c) Prepare proposed zoning and subdivision ordinances, zcrung maps an( regulations.ancl any amendments or modifications thereto... . * (g) Receive, process and recommend to tl►.' planning Comrttisuiort appropriate action regarding rezoning applications . , After the 1998 Charter amendments, the Planning >i rector is, ama►►,; other things, (a) Advise the mayor, planning Cotnmission, and council ott all planning and land use mattem (h) Prepare a general plan, implementation likin , and any to ilf'ndrnents thereto in accordance with Section 3 -15. (c) Prepare proposed zoning and subdivision ordinances, wooing maps and regulations and any amendments thereto, .. , * (g) Make recommendations on rezoning applications, ... . Thus, it has been and remains the Planning Director's duty to advise; the CQmniissioll and the Council on rezoning and planning, Doing the o h drafter nI the gf`•rlCrill rte- Ms. Bobby Jean Leithead -Todd May 15, 2001 Page 5 plan and amendments, the Director clearly speaks with some authority roT;ardirt 7 the intent and implementation of the General Plan and the 1. t /PAO snap. If :rn ottc:lin the is authorized to advise the Council regarding y 1 �e conforms to and implements the general plan, t would be the. Planning tDirector. g Perhaps this is what Mr. Lyman was in substance saying; that this )property need not be specifically included by amendment because it is (n) the edge of the gene }ra] high density boundary of Puainako street. It would be within the Planning Director's a g to advise the Commission and Council that an upzoning c�fsuch border( irtc' property ttt }tori( would conform to and implement the general plan, if he reasonably believ�.�d thus u all the circumstances. under To summarize, the subject property appears to be just outside of i high density LUPAG map area bounded by Puainako Street. However, 1;�:;. uise the to th, general plan and LU,PAG.map are intended to flexibly e;;lrtblish only the general the of diffieront types of uses in relation to each other, the property's /LUPACi rna should not automatically foreclose consideration of rez Y, y 1. nt.ral location LUPAG map location should be considered in light p Itrcttti��n ontnf,, :1, }1e si�Tnifi�:an�,e• of the and the recommendations aI`tlro Planrkzt, 13ht of advice of the I'l�tnning; Dire,ctot Council should consider all applicable general Commission regarding this rent' ins-. The rezoning would conform to and implement the general 1plan as well nine G21tesua considered. in weighing the merits of a rezoning request, well as of t, i .usual fac:ot s WO hope this has been of help, Please contact the undersigned if y ot.t • 1eClt12CC further assistance: 1MT:ch Sincerely, IVAN M. TORT OE Deputy Corporation Counsel mise2: a /CourrcliChangeZon elVia tsunoEn t4rprise, t tr SidneyFuke,`Itogning Consultant' 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 Telephone: (808) 969 -1522 • Fax: (808) 969 -7996 E-mail: sidfuke @hawaiiantel.net October 22, 2012 Ms. BJ Leithead Todd, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street' Hilo, HI 96720 A EP,4,R § e €ENT T 2 2 1 2. 17 • Planning • Variance • Zoning • Subdivision •Land Use Permits • Environmental Reports Dear Ms. Leithead Todd: Subject: SLU (12- 000035) and Rezoning (12- 000157) Requests APPLICANT Hawaiian Riverbend, LLC Waikoloa, South Kohala, Hawaii, TMK: 6 -8 -002: 022 Pot. Thank you for providing me with a copy of the email comments from Vivian Green and Steve Jarvis regarding the subject matter. In response to their questions, we respond as follows: DEMAND Admittedly, the existing Highlands Center is not fully occupied. However, the applicant's request is pegged to come on line within the next few years. It is, all hoped that there will be a rebound in the market. If so, to initiate the entitlement process at that time may not be economically prudent, and/or responsive to the fluctuating consumer needs of a community. It would be analogous to rezoning more land for residential purposes only when the last vacant lot is built upon. Furthermore, this project would foster much needed competition for commercial uses resulting in more competitive prices for lessees and, in turn, the consumer. 2. PARK DEDICATION It should be noted that the dedication of the proposed 10 -acre park site is tied in with the development schedule and obligation of another project (Waikoloa Mauka, LLC). However, its availability could be more immediately realized with the provision of much- needed off and on -site infrastructure to service this proposed park site. The provision of this infrastructure can only be done AND mandated through conditions of zone change approval with the development of this proposed commercial project. 3. HEARING LOCATION The location of the hearing is beyond the control of the applicant. Howe is prepared to meet wherever you deem appropriate. Ms. BJ Leithead Todd, Director October 22, 2012 Page 2 4. TRAFFIC CONTROLS AND IMPROVEMENTS A Traffic Impact Analysis Report ( "TIAR ") was prepared for this project. The report was reviewed thoroughly by the South Kohala Traffic Committee and the Department of Public Works and certain mitigations were recommended to address vehicular movement and pedestrian safety along the project's Waikoloa Road and Paniolo Avenue frontages. These also include the provision of sidewalks along those frontages. Then, too, provisions for an internal sidewalk system within the project will also be made. Plans for the roundabout have been prepared and submitted to the Department of Public Works for review and approval. The plans will provide for pedestrian movements across of the roundabouts. Generally, these crosswalks would be situated away from the roundabout. A copy of this plan can be provided upon request. EDUCATIONAL, POLICE, AND FIRE FACILITIES As a policy, fair share assessments relating to education, police, and fire are applied to residential and not commercial projects. The applicant does not believe that this policy has changed. However, relative to police service, the project will have its own security system, which should help. 6. SEWER AND WATER SYS'T'EMS The sewer and water systems in the area are privately operated by the Waikoloa Sanitary Co. and Waikoloa Water Co., respectively. Both companies are owned by Hawaii Water Service Co. The applicant intends to have its wastewater and water needs provided by those private utility companies, paying its appropriate assessment and Contribution-In-Aid-Of- Construction ("CIAC") fees. 7. DRAINAGE Inasmuch as the area of the proposed rezoning will not be affected by the dry stream bed, only a preliminary drainage analysis was done for the submittal. However, a more detailed one will be done and required prior to or in conjunction with the subsequent plan approval process. All required drainage improvements will be made prior to issuance of any occupancy permit for the project. ASSISTED LIVING At this time, the applicant has no plans of using any of the proposed commercial area for an assisted living project. However, there is a 5+ acre Ms. 13.1 Leithead Todd, Director October 22, 2012 Page 3 site adjacent to the proposed park and commercial area that could be developed for such a use. That type of use would be.very compatible with the proposed park and commercial areas. Iu that regard, if you or anyone are aware of such a developer, the applicant would be very interested in discussing it with them. We trust that the responses adequately addressed the comments. If not or should there be additional comments, please feel free to direct them to me. Thank you very much. in„cerely, SIDNEY M. FUKE Planning Consultant Copy — Hawaiian Riverbend, LLC From: vivian green Sent: Wednesday, September 26, 2012 2:34 PM Cc: Sen. Malama Solomon Subject: Hawaiian Riverbend, LLC, TMK: 3/6 -8 -02: 021 Portion Date: September 26, 2012 To: B. J. Leithead -Todd Planning Director From: Vivian Green and Steve Jarvis Surrounding Property Owners Re: Notice of Submittal of Applications and Planning Commission Hearing State Land Use Boundary Amendment (Agricultural to Urban) and County Rezoning Request (A5a to CV -20) Hawaiian Riverbend, LLC, TMK: 3/6 -8 -02: 021 Portion We object to the reclassification from the State Land Use Agricultural to Urban district and for the rezoning from County Agricultural (A -5a ) to Commercial - Village (CV -20) district for the following reasons. 1. The retail complex of Waikoloa Highlands Center is filled with empty unrented retail spaces already, why add more? Waikoloa Workforce housing is being constructed currently, with affordable housing priced higher that foreclosed and short sales of existing housing in Waikoloa Village, why add more? 2. The history of Hawai'i County and developers with offers such as "10+ acre area which is planned to be dedicated to the County for a park/community center" is dismal at best, why believe this would happen? 3. Will the hearing be held in Waikoloa Village, since that is where the land is, and not Kona and not Waimea and not Hilo, because that is where the land isn't? A Community Room, the Elementary and Middle School cafeteria, and the fellowship hall of a church are possible meeting sites in Waikoloa Village. 4. How would the traffic safely flow to the Waikoloa Highlands Center, to the Elementary and Middle School, to Paniolo Drive, and to Waikoloa Road? Planning Dept. Exhibit /02--- The intersections of Paniolo Drive and Waikoloa Road along with Paniolo Drive and Lua Kula (on the far side of Waikoloa Highlands Center) are already highly impacted and unpatrolled. Traffic often does not stop on Lua Kula turning right onto Paniolo Drive. Drivers often do not stop for pedestrians at either intersection. Traffic speed at the first intersection is usually 45 mph rather than the 35mph speed limit, and at the second, 35mph rather than the 25mph speed limit, how are pedestrians to cross those streets in a livable (which includes walkable) community? 5. How will a roundabout be constructed at the intersection of Paniolo Drive and Waikoloa Road, given that Waikoloa Highlands Center is so close to the Northwest corner of that intersection? How will pedestrians cross those two roads at that intersection? 6. How are elementary and middle school rooms being provided before the development occurs? How is a new high school being provided before the development occurs? 7. Have provisions been made for increased police protection, such as it is, for the increased population? 8. Have provisions been made for increased fire protection, given that Waikoloa Village is located in a fire prone desert (there have been two major fires here in the last seven years)? 9. Will all entryways to a commercial retail complex be provided with pedestrian walkways, unlike Waikoloa Highlands Center, which has only one pedestrian walkway and three entryways (so pedestrians have to walk down the road cars and drivers are on)? Are sidewalks planned to Waikoloa Road and to Paniolo Road and on Panioloa Road? 10. Have water issues been addressed? 11. Have sewage issues been addressed? 12. Has the dry stream bed issue been addressed? 13. Will the Commercial Retail Complex or the Waikoloa Highlands subdivision allow for the construction and operation of an Assisted Living Facility, which Waikoloa Village definitely needs? From: Frank M Penwell Sent: Monday, October 29, 2012 2:27 PM To: sidfuke @hawaiiantel.net Subject: Waikoloa Village Rezoning Request We support your Rezoning Request. Frank Penwell, Unit 229 Paniolo Club, and unit 1202 Waikoloa Hills. Planning Dept. Exhibit /3 r 1 RHawRivS LU. doc-1 1 /7/12 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION HAWAIIAN RIVERBEND, INC. STATE LAND USE BOUNDARY AMENDMENT (SLU 12 -35) Upon careful review of the request, the Planning Director recommends that a favorable recommendation for the State Land Use Boundary Amendment application be forwarded to the County Council. This recommendation does not, however, sanction the specific plans submitted with the application as they may be subject to change given the specific code and regulatory requirements of the affected agencies. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. The favorable recommendation is based on the following findings: The approval of the reclassification 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 and the County General Plan. According to the Land Use Commission Rules, one of the standards for considering an area for urban reclassification states that "In determining urban growth for the next ten years, or in amending the boundary, land contiguous with existing urban areas shall be given more consideration than non - contiguous land, and particularly when indicated for future urban use on state or county general plans." The project area conforms to this standard as it is situated adjacent to existing Urban - designated lands to the east and south. The applicant's request to designate 14.622 acres into the Urban District reflects the infilling of Agricultural -lands within this section of Waikoloa, South Kohala, currently surrounded by Urban- designated lands. The applicant requests a concurrent Change of Zone from Agricultural (A -5a) to Village Commercial (CV -20) to develop a commercial shopping complex approximately 170,700 square foot in size. Proposed are three major anchors consisting of 20,000 square feet at the north end and two 15,000 square -foot anchors at the south end. There will be other smaller retail and/or office establishments. Although not finalized, the applicant has been in discussions with a major drug store and a hardware store. The proposed structures will be no higher than two stories, and less than 30 feet in height. The Urban District request would be consistent with the goals and polices of the Land Use element of the General Plan. The LUPAG Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses and establishes the basic urban and non -urban form for areas within the County. The project conforms to the guidelines under the Land Use element of the General Plan: • Continue the concentration of commercial uses in Waimea, Kawaihae, Waikoloa Village, and in the resort areas.... (Land Use /South Kohala/14.3.5.6.2c, Courses of Action) • Provide for commercial development that maximizes convenience to users • Encourage the concentration of commercial uses within and surrounding a central core area • Zone urban 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 The Urban District request conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map, which the Director interprets as Medium Density Urban given the existing surroundings, long - established commercial businesses, and expanding residential component. The MDU designation includes village and neighborhood commercial, single - family and multiple - family residential and related functions. The project site is located in an urban-like setting adequately served by transportation, utilities, commercial establishments and other amenities to support the proposed use. -2- The urban classification also conforms to the standard that the development is within reasonable proximity to centers of trading and employment and basic services such as schools, police and fire protection, transportation systems and water. The project site is located near the Waikoloa Village urban area, and thus conforms to the Land Use Commission Rules that encourages urban development in close proximity to existing developments, services and facilities. The project site fronts both Paniolo Avenue and Waikoloa Road. Paniolo Avenue is a County collector road with an 80 -foot right -of -way with two through -lanes in each direction fronting the property. Paniolo Avenue is improved with a planter strip, sidewalk and streetlights. Waikoloa Road is an arterial street with a 120 -foot wide right - of -way with one through -lane in each direction. There is no sidewalk along Waikoloa road fronting the property. The DPW recommends that accesses to both Paniolo Avenue and Waikoloa Road be improved and channelized within the County right -of -way, including left turn lanes and right turn/deceleration lanes and left turn refuge lanes and traffic control measures, meeting with the approval of the DPW, prior to the issuance of a certificate of occupancy. The project is also consistent with the Hawai`i State Plan, a guide for the long - range development of the State. The Plan identifies goals, objectives, policies and priorities for the State and provides a basis for the determination of policies and allocation of limited resources. The project is consistent with the plan which encourages urban developments in close proximity to existing services and facilities Urban Districts shall include lands characterized by "city- like" concentrations of people, structures, streets, urban level of services and other related land uses. The project site is located near urban-type uses, including various retail establishments within a shopping complex, a post office, multiple - family residential areas, and a golf course. This project will expand the already established Waikoloa mauka village residential /commercial area. Water can be made available to the site. Police and fire protective services are within close proximity to the project site, as well as in Waimea. All essential utilities can be made available to the property. -3- The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. According to the Department of Public Works, the project site is located in Zone "X ", an area outside of the 500 -year flood plain. The reclassification meets the standard which states that the lands included within the urban district "... shall be those with satisfactory topography and drainage and reasonably free from the danger of floods, tsunami and unstable soil conditions and other adverse environmental effects." While the project site is situated within the State Land Use Agricultural and County's Agricultural (A -5a) zoned district, it is not currently being used for active agricultural purposes. The property is unclassified under the State of Hawaii's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map and is not in agricultural use. The project site is vacant. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or "Very Poor ". Based on the above, the reclassification of 14.622 acres 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 of Hawai`i. Thus, the approval of the State Land Use Boundary Amendment from the Agricultural to the Urban District complements the State Land Use District Regulations and is supportive of the Hawai`i State Plan. The accompanying draft bill to amend the State Land Use Boundaries map is provided for your favorable consideration. COUNTY OF HAWAII 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 WAIKOLOA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6 -8- 002:021 (POR). 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 Waikoloa, South Kohala, Hawai`i, shall be Urban: Beginning at the southeast corner of this parcel of land, being also along the north side of Waikoloa Road and the southwest corner of Lot 8, Waikoloa Development, File Plan 1172, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 8,393.08 feet North and 1,531.27 feet West and running by azimuths measured clockwise from True South: 1. 111° 44' 07" 1280.73 feet along the north side of Waikoloa Road; 2. 113° 41' 56" 352.57 feet along the same; Thence along the intersection of Waikoloa Road and Paniolo Avenue on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 3. 157° 32' 49" 27.71 feet; 4. 201' 23' 42" 304.78 feet along Paniolo Avenue; Thence, along the same on a curve to the left with a radius of 540.00 feet, the chord azimuth and distance being; 5. 192' 03 ' 09" 175.29 feet: 6. 266° 19' 57" 24.17 feet along Lot 9 -B; Thence, along the same on a curve to the left with a radius of 265.00 feet, the chord azimuth and distance being; 7. 254° 55' 34" 104.81 feet; 8. 243° 31' 12" 102.13 feet along the same; Thence, along the same on a curve to the right with a radius of 191.00 feet, the chord azimuth and distance being: 9. 26T 37' 40" 156.03 feet; 10. 291° 44' 07" 164.63 feet along the same; 11. 21° 44' 07" 279.00 feet along the same; 12. 291° 44' 07" 447.84 feet along the same; 13. 21° 44' 07" 263.57 feet along Lot 8, Waikoloa Development, File Plan 1172; 14. 291° 44' 07" 755.00 feet along the same; 15. 21° 44' 07" 180.00 feet along the same to the point of beginning and containing an area of 14.622 acres, more or less. 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. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: AGRICULTURAL AGRICULTURAL URBAN URBAN AGRICULTURAL URBAN TMK: (3)6• 8-002:021 (par.) AGRICULTURAL TO URBAN 14.622 ACRES TOTAL URBAN URBAN AGRICULTURAL URBAN RURAL AGR URAL RURAL 500 1,000 2,000 AMENDMENT TO THE STATE LAND USE BOUNDARIES MAPS AMENDING THE STATE LAND USE BOUNDARIES MAP FOR THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT WAIKOLOA, SOUTH KOHALA, HAWAI'I MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TAAK: t<si 6-8- Of2:021 ;pax.) £ ,TE: {)CT 18. 2012 EXHIBIT "A° Ha Ilan Riverbend, LLC Map: 12.185 RHawRivREZ.doc -11 /7/12 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION HAWAIIAN RIVERBEND, LLC CHANGE OF ZONE APPLICATION (REZ 12 -157) Upon review of the request for a Change of Zone from Agricultural 5 -acres (A -5a) to Village Commercial 20,000 square feet (CV -20) on approximately 14.6228 acres of land against the guidelines for granting a change of zone, the Planning Director recommends that a favorable recommendation for a Change of Zone request be forwarded to the County Council. This recommendation does not, however, sanction the specific plans submitted with the application as they may be subject to change given the specific code and regulatory requirements of the affected agencies. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant requests a Change of Zone from A -5a to CV -20 to develop a commercial shopping complex approximately 170,700 square foot in size. Proposed are three major anchors consisting of 20,000 square feet at the north end and two 15,000 square -foot anchors at the south end. There will be other smaller retail and/or office establishments. Although not finalized, the applicant has been in discussions with a major drug store and a hardware store. The proposed structures will be no higher than two stories, and less than 30 feet in height. The applicant also requests a concurrent processing of a State Land Use Boundary Amendment from Agricultural to Urban. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The Change of Zone request from an A -5a to a CV -20 zoned district conforms to the goals, policies and standards of the General Plan Land Use element. The property is zoned A -5a and the State Land Use designation is Agricultural. 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 and establishes the basic urban and non -urban form for areas within the County. The project conforms to the guidelines under the Land Use element of the General Plan: • Continue the concentration of commercial uses in Waimea, Kawaihae, Waikoloa Village, and in the resort areas.... (Land Use /South Kohala/14.3.5.6.2c, Courses of Action) • Provide for commercial development that maximizes convenience to users • Encourage the concentration of commercial uses within and surrounding a central core area • Zone urban 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 While the property is designated Extensive Agricultural on the General Plan LUPAG map, in this particular situation, given the existing surroundings, long - established commercial businesses, and expanding residential component, the Planning Director interprets the project site as Medium Density Urban (MDU). The MDU designation includes village and neighborhood commercial, single- family and multiple - family residential and related functions. As clearly articulated in the General Plan Land Use Element 14.1.4 (a) Standards, the boundaries identified in the LUPAG map are not meant to be exact or serve as specific boundaries between two separate LUPAG designations. The LUPAG map is not intended to be used as a tool for parcel - specific delineation of proposed land uses, and not -2- scaled to provide such a precise degree of accuracy. As such, no street names, roads, or highways are identified on the map. In considering the merits of a request, the property's LUPAG map designation should not automatically foreclose a favorable recommendation of a change of zone, if the request conforms to, and implements the applicable policies of the General Plan. Serving as a general guide to development, the LUPAG Map is a broad brush document that identifies the uses in that particular area and is not intended to be interpreted with precision accuracy and exactness. In most cases, the LUPAG maps show the general location of a particular use, and the boundaries are not meant to be precisely scaled. For example, the LUPAG map identifying a commercial use corresponding to an existing location is not determined by scaling the map location from fixed points such as a street intersection or shoreline. The LUPAG map is not meant to depict absolute boundaries. This means that it is possible to reasonably interpret an area as being in a certain designation, as the Planning Director has determined in this particular situation. The General Plan states that the line is general, broad and flexible in its application. In some cases, the General Plan LUPAG designations are inherently imprecise. For example, an area of Low Density Urban or Urban Expansion surrounding existing towns indicates the possibility of an area expanding in a general direction, but does not indicate a fixed, rigid boundary for the potential expansion. Shoreline properties designated Open along the shoreline setback area do not delineate an exact width of the area designated Open. Islandwide, there are other situations where a particular zoning is not precisely consistent with the LUPAG map if the properties were precisely scaled. For example, the Kona Industrial Subdivision is partially in the HDU core although industrial uses are not permitted within the High Density Urban designation. Similarly, the Fairmont Hotel (at Mauna Lani), although proximate to a LUPAG Resort designation, is partially located in an area designated Open by the LUPAG map. The Waikoloa Village Conceptual Plan in the South Kohala Community Development Plan (SKCDP) adopted by Ordinance No. 08 159 identifies the project area as "Maintain Ag Zoning ", and a possible site for a community center and park. Although the subject request includes a park site, this area is partially bisected by an identified -3- floodway. Table 5.2 of the Conceptual Plan (Planned Buildout and Potential Future Buildout in Waikoloa Area) does not recognize this parcel as planned for future development. Likewise, the SKCDP specifically states that "rezoning of any of these parcels (lands east and south of the Waikoloa Village area proposed for future development), should not be approved unless and until concurrency requirements have been met and until the land owner(s) can demonstrate in detail at least the following: (1) availability of adequate potable water sources, (2) mitigation of adverse traffic impacts, (3) mitigation of adverse visual impacts and night time light pollution, (4) positive benefits to the community, including providing parks and shopping facilities, and construction of affordable housing. Based on the above, the request is not consistent with the SKCDP. However, although the request is inconsistent with the conceptual plan, the project meets Waikoloa Policy 1 in the SKCDP, which states, "Provide Infrastructure and Facilities for a Growing Community ", and identified as an "overarching planning policy for Waikoloa Village ", and thus, one of the most critical areas that need to be addressed for this growing community. Currently under review is a request by Waikoloa Mauka, LLC for an extension of time to construct a roundabout at the corner of Waikoloa Road and Paniolo Avenue. The construction of the roundabout would mitigate potential traffic problems at this intersection should this request be approved. This project would provide much needed infrastructure improvements in the immediate area while retaining the sense of community and providing the much needed convenience to residents in and around Waikoloa Village. Furthermore, in a letter dated September 24, 2012, the South Kohala Traffic Safety Committee has indicated their conditional support of the project, recommending that infrastructure be completed prior to the issuance of a Final Subdivision Approval and/or Certificate of Occupancy. Conditions of approval will include the committee's concerns, which also reflect the Department of Public Works' recommendations. Surrounding properties are zoned Agricultural (A -5a), Open, Multiple Family Residential (RM -2.5) and Village Commercial (CV -10). The Waikoloa Stables is located mauka of the project site, and the Waikoloa Village Highlands Shopping Center is located west of the site across Paniolo Avenue. The Waikoloa Hills Condominiums are -4- located immediately north of the property. The proposed Waikoloa Highlands subdivision will be located to the south across Waikoloa Road, and the Waikoloa Village Post Office is located diagonally across the property. The proposed development would be in harmony with the character of the existing surrounding neighborhood and result in an intensity of land utilization no higher than as permitted or as otherwise specified for the district in which this proposed development occurs. Therefore, a favorable recommendation of this change of zone request will be consistent with the existing land uses within this portion of South Kohala. The Federal Emergency Management Agency designates the property as Zone "X ", an area determined to be outside of the 500 -year flood plain. The property is unclassified by the Agricultural Lands of Importance to the State of Hawai`i (ALISH) System and is not currently being used for any agricultural activities. Soils within the property and surrounding area are classified as "E" or "Very Poor" for agricultural productivity by the Land Study Bureau's Detailed Land Classification System. Pursuant to Section 25 -2 -46, Concurrency Requirements of the Zoning Code, a Traffic Impact Analysis Report is required of all major developments within six months before the submission of a change of zone that can generate 50 or more peak hour trips. The applicant submitted a TIAR conducted by Witcher Engineering, LLP dated July, 2012. Various alternatives were considered (pages 13 and 14 of the application and Appendix C, TIAR), with the recommendation of a roundabout at the corner of Paniolo Avenue and Waikoloa Road. Access to the project site is proposed from Waikoloa Road and Paniolo Avenue. Paniolo Avenue is an 80 -foot wide County collector roadway with two through lanes in each direction fronting the property, and improved with a planter strip, sidewalk and streetlights. Waikoloa Road, a County arterial roadway, has a 120 -foot wide right -of- way with one through lane in each direction. There is no sidewalk along Waikoloa Road fronting the property. The Department of Public Works has offered the following recommendations for roadway improvements (summarized): • Accesses to Waikoloa Road and Paniolo Avenue shall be channelized within the County right -of -way, including, where applicable, left turn lanes and right -5- turn/deceleration lanes and left turn refuge lanes and traffic control measures • Prior to Plan Approval, submit a multi -modal Roadway and Traffic Circulation plan prepared by a licensed civil engineer which addresses the combined access and internal circulation details on plans drawn to scale, for approval by the Planning Director in consultation with the Department of Public Works • Construct, coordinate and cooperate with required roundabout improvements to the intersection of Waikoloa Road with Paniolo Avenue • Any necessary additional right -of -way for improvements to the intersection shall be subdivided from the subject property and dedicated to the County, at no cost to the County, upon request, prior to the issuance of any Certificate of Occupancy • Provide improvements along the frontage of Waikoloa Road similar to the improvements makai of the intersection with Paniolo Avenue fronting Highlands Center, to include pavement widening with concrete curb, gutter and sidewalk, drainage improvements, signs and markings, street lights, and any relocation of utilities, prior to the issuance of a Certificate of Occupancy • Improve the Park Access Road (identified as Easement AE -1) to dedicable standards with concrete curb, gutter and sidewalk, drainage improvements, streetlights, signs and markings and utilities, prior to the issuance of a Certificate of Occupancy • With regard to construction vehicle traffic, access to the property shall be limited to Waikoloa Road and restricted to right -in right -out movements only on Paniolo Avenue until the required improvements are made to Paniolo Avenue for left turning traffic. For Waikoloa Road access, an eastbound left -turn lane and refuge storage lane on Waikoloa Road shall be installed prior to the issuance of on -site construction permits In addition, the Department of Public Works provided several comments regarding information in the TIAR for access to County roads (summarized): • Proposed Driveway 1, located between two full- movement access approaches to Waikoloa Highlands Shopping Center on the other side of Paniolo Avenue, creates a very limited space within Paniolo Avenue for a dedicated southbound -6- left turn lane and a refuge pocket to facilitate left turns from Driveway 1. The approach also has limited sight distance due to a vertical curve on Paniolo Avenue. • The sight distance left from proposed Driveway 1 is limited by the distance to the Waikoloa Road intersection and proposed roundabout which will have a large radius -free right turn upon completion of the roundabout • Proposed Driveway 5 is only 100 feet from the existing full- movement access approach to the Waikoloa Stables from Waikoloa Road. The close spacing of full movement intersection on an arterial street should not be permitted due to safety reasons. The approach should be combined for a desirable left-turn refuge lane for two -stage left -turn movements onto Waikoloa Road from Driveway 5. The Department of Public Works also recommends that issues regarding internal circulation on the master plan with proposed driveways be resolved prior to any plan approval for the development: • As only 50 feet is provided between the curb line and the nearest parking lot intersection at proposed Driveways 2 - 5, the internal traffic circulation pattern should be reconfigured to omit left turn conflicts within 100 feet of the County street • As the internal roads on the southern western sides of the soccer field are not on the proposed park parcel, the roads could be gated, eliminating access to the park frontage and continuity from Driveway 1 with no turnaround at the end of the cul -de -sac • Consider roadway connections to adjoining parcels; in particular, parcel 20 mauka of the project site, As part of a condition of approval for the rezoning of the Waikoloa Highlands project, the developer is required to improve the Paniolo Avenue /Waikoloa Road intersection with a roundabout system prior to Final Subdivision Approval of any portion of the project. As Final Subdivision Approval is pending, the roundabout and related improvements have not been constructed. In a separate request from this proposed rezoning, Waikoloa Mauka, LLC has requested an amendment to Condition B of Change of Zone Ordinance No. 07 127 for a five (5) year extension of time to secure Final Plan -7- Approval for fifty (50) lots, provided that Final Subdivision Approval for the entire project be secured within ten (10) years from the new amendment. No action has been taken on this request as of this writing. It is anticipated that upon completion of the roundabout as required under conditions of approval for the Waikoloa Highlands rezoning, the Level of Service (LOS) for the Waikoloa Road/Paniolo Avenue intersection should improve from LOS "B" (short traffic delays) in the morning hours and LOS "C" (average traffic delays) and "D" (long traffic delays) in the afternoon, to LOS "A" (little or no traffic delays). Various conditions of approval will be included as recommended by the Department of Public Works. All utilities and services are available to the site. There is no public water system in this area. The applicant will secure service from the privately owned and operated Hawai`i Water Service Co. Police and emergency services are available in Waimea, and fire services are available on lower Pua Melia Street, approximately a half mile from the project site. The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is located five miles east or mauka of the Queen Ka`ahumanu Highway and not within the Special Management Area. As such, the project site will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, public access to the shoreline or mountain areas, designated scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the immediate project area. Thus, the proposed request and use of the property will not adversely impact those resources. A draft Archaeological Assessment Report dated July, 2010 prepared by Haun and Associates did not identify any archaeological features or sites within the subject site. In a letter dated October 11, 2012, the DLNR Historic Preservation Division has stated that the survey was accepted by SHPD and no historic properties will be affected by this project. 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 -8- must be addressed. These rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site. Investigation of valued resources: The archaeological assessment report has been accepted by the DLNR; no historic properties will be affected by this project. The valuable cultural, historical, and natural resources found in the area: The archaeological assessment conducted on the project site revealed no endangered species. A standard condition will be included to require the applicant to cease work and notify the DLNR -HPD should any remains be discovered on the site, until given clearance to proceed by the DLNR -HPD. Possible adverse effects or impairment of valued resources: Native vegetation may be destroyed by ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. The applicant believes that there are no endangered or threatened species on the site. Feasible actions to protect native Hawaiian rights: The applicant has stated that there is no evidence of any traditional or customary Native Hawaiian rights being practiced on the project site, nor existence of any known valued cultural, historical or native resources in the area. Thus, it is believed that the project would have no adverse impact relative to the cultural and historical resources in the area. To the extent to which traditional and customary Native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights. Based on the above findings, the approval of the Change of Zone request from an Agricultural (A -5a) to a Village Commercial (CV -20) zoned district would result in an appropriate land use pattern that will further benefit the public. The accompanying draft bill to amend Section 25 -8 -7 (South Kohala Zone Map) of Chapter 25, Zoning Code, of the Hawai`i County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25 -8 -7 (NORTH AND SOUTH KOHALA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL — FIVE ACRES (A -5a) TO VILLAGE COMMERCIAL — 20,000 SQUARE FEET (CV -20) AT WAIKOLOA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6 -8- 002:021 (POR). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25 -8 -7, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waikoloa, South Kohala, Hawai`i, shall be Village Commercial — 20,000 square feet (CV -20): Beginning at the southeast corner of this parcel of land, being also along the north side of Waikoloa Road and the southwest corner of Lot 8, Waikoloa Development, File Plan 1172, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 8,393.08 feet North and 1,531.27 feet West and running by azimuths measured clockwise from True South: 1. 111° 44' 07" 1280.73 feet along the north side of Waikoloa Road; 2. 113° 41' 56" 352.57 feet along the same; Thence along the intersection of Waikoloa Road and Paniolo Avenue on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 3. 157° 32' 49" 27.71 feet; 4. 201° 23' 42" 304.78 feet along Paniolo Avenue; Thence, along the same on a curve to the left with a radius of 540.00 feet, the chord azimuth and distance being; 5. 192° 03' 09" 175.29 feet; 6. 266° 19' 57" 24.17 feet along Lot 9 -B; Thence, along the same on a curve to the left with a radius of 265.00 feet, the chord azimuth and distance being; 7. 254° 55' 34" 104.81 feet; 8. 243° 31' 12" 102.13 feet along the same; Thence, along the same on a curve to the right with a radius of 191.00 feet, the chord azimuth and distance being: 9. 267° 37' 40" 156.03 feet; 10. 291° 44' 07" 164.63 feet along the same; 11. 21° 44' 07" 279.00 feet along the same; 12. 291° 44' 07" 447.84 feet along the same; 13. 21° 44' 07" 263.57 feet along Lot 8, Waikoloa Development, File Plan 1172; 14. 291° 44' 07" 755.00 feet along the same; 15. 21° 44' 07" 180.00 feet along the same to the point of beginning and containing an area of 14.622 acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. -7- SECTION 2. In accordance with Section 25 -2 -44, Hawai`i County Code 1983 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public 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: CHawRivREZ. doc -11 /7/ 12 HAWAIIAN RIVERBEND, LLC CHANGE OF ZONE APPLICATION (REZ 12 -157) CONDITIONS OF APPROVAL A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Construction of the proposed development shall be completed within five (5) years from the effective date of 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), Hawai`i County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawai`i County Code. C. The applicant, along with the landowner of TMK: 6 -8- 002:016 and TMK: 6 -8- 003: 032 shall construct the required roundabout improvements to the intersection of Waikoloa Road and Paniolo Avenue, meeting with the approval of the Department of Public Works. Any additional right -of -way for such improvements shall be subdivided from the subject property and dedicated at no cost to the County, upon request. The required improvements shall be completed, prior to the issuance of any Certificate of Occupancy for the subject property. D. Access to the property from Waikoloa Road and Paniolo Avenue, including the provision of sight distances, channelization within the County right -of -way, and where applicable, left turn lanes and right turn/deceleration lanes and left turn refuge lanes and traffic control measures, shall meet with the approval of the Department of Public Works. E. The applicant shall provide full improvements to the entire frontage along Waikoloa Road, consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, signs and markings, streetlights, and any relocation of utilities, meeting with the approval of the Department of Public Works, at no cost to the County, prior to the issuance of a Certificate of Occupancy. F. The applicant shall improve Easement AE -1 to dedicable standards with concrete curb, gutter and sidewalk, drainage improvements, street lights, signs, and markings and utilities, meeting with the approval of the Department of Public Works, prior to the issuance of a Certificate of Occupancy. G. The applicant shall submit a detailed traffic analysis to comply with sight distances and related requirements for Waikoloa Road and Paniolo Avenue as recommended in the Department of Public Works' memo dated October 4, 2012, prior to the issuance of Final Plan Approval. H. The applicant shall submit a multi -modal Roadway and Traffic Circulation Plan prepared by a licensed civil engineer prior to Final Plan Approval, meeting with the approval of the Department of Public Works, as recommended in the Department of Public Works' memo dated October 4, 2012. I. Access to the property for construction traffic shall be limited to Waikoloa Road and restricted to right - in/right -out movements on Paniolo Avenue until the required improvements are made to Paniolo Avenue for left- turning traffic. J. A Flood Study shall be submitted, meeting with the approval of the Department of Public Works, prior to receipt of Final Plan Approval. K. The applicants, successors, or assigns shall implement any improvements required by the Fire Department and/or Department of Water Supply to ensure that fire protection requirements can be met for commercial zoning. L. The applicant shall comply with Chapter 11 -55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires an NPDES permit for certain construction activity. M. All development - generated runoff shall be disposed of on -site and shall not be directed toward any adjacent properties. -2- N. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawai`i County Code. 0. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources - Historic Preservation Division (DLNR -HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR- HPD when it fords that sufficient mitigation measures have been taken. P. If the applicant, successors or assigns develop residential units on the property, the applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in the form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of $8,196.06 per multiple family residential unit ($12,772.64 per single family residential unit). The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit (single family residential unit) shall be allocated as follows: 1. $4,042.89 per multiple family residential unit ($6.159.19 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $127.78 per multiple family residential unit ($297.12 per single family residential unit) to the County to support police facilities; 3. $393.05 per multiple family residential unit ($586.85 per single family -3- residential unit) to the County to support fire facilities; 4. $175.19 per multiple family residential unit ($256.93 per single family residential unit) to the County to support solid waste facilities; and 5. $3,457.16 per multiple family residential unit ($5.472.55 per single family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements /facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. Q. To ensure that the goals and policies of the Housing Element of the General Plan are implemented, if required, 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. R. 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. S. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. T. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non - performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. -4- 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 should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. AGRICULTURAL - FIVE ACRES (A -5a) TO VILLAGE COMMERCIAL - 20,000 SQFT (CV -20) 14.622 ACRES TOTAL RM -1.5 0 500 1,000 2,000 Feet 3,000 AMENDMENTTOTHE ZONING CODE AMENDING SECTION 25 -8 -7 (NORTH AND SOUTH KOHALA DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - FIVE ACRES (A -5a) TO VILLAGE COMMERCIAL - 20,000 SOFT (CV -20), AT WAIKOLOA, SOUTH KOHALA, HAWAII MAP PREPARED BY: COUNTY OF HAWAI `f, PLANNING DEPARTMENT EXE"t4BEt " A GATE' ©CT 'A. 2012 Hawaiian RiverUend, LLC Man 1327 ci Z ut A 0 .0 Z 'N* 44 c4 E''' 4t Z "4 CD U p Wain wZ v��'o c'z zi W 0 a 2. ER* "4 E°:44 Z W �U :1:1 W Up. �z a W 4t cn 4f Location Map with Zoning =1. Owi 0,111101—millimilf la tgliArYS 11' is IA $1113 Olt General Plan LUPAG Map Extensive Agriculture South Kohala CDP Map for Waikoloa Village AIK,a0A HIG44, 744 ACM5 8 um-r5 WAIKOLOA ROAD - PANIOLO AVENUE INTERSECTION Applicant's Request • STATE LAND USE BOUNDARY AMENDMENT FROM AGRICULTURAL TO URBAN CHANGE OF ZONE FROM AGRICULTURAL - 5 ACRES (A-a) TO VILLAGE COMMERCIAL - 20,00o SQ FT (CV -2o) APPLICANT IS PROPOSING TO DEVELOP A COMMERCIAL SHOPPING COMPLEX APPROXIMATELY 170,700 SQ FT IN SIZE Applicant's Master Plan A- I s • 4 I Mater Plan .aa 111111110 Fantraas I 170.700 COranr,41 F:rtv of No* s.„ • I t A Mixed Use iaster Planned Development for - Hawaiian Riverhend LLC - Michael Mirogan Managing Member W.st. r VIEW OF PROPERTY ON RIGHT- PANIOLO AVE IS IN BACKGROUND VIEW OF PROPERTY - WAIKOLOA RD IS IN FOREGROUND State Land Use Boundary Amendment from Agriculture to Urban - Favorable Recommendation Change of Zone from A -5a to CV -2o - Favorable Recommendation PLANNING DIRECTOR'S RECOMMENDATION LEEWARD PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT NOVEMBER 15, 2012 A regularly advertised hearing on the applications of HAWAIIAN RIVERBEND, LLC (SLU 12- 035/REZ 12 -157) was called to order at 9:43 a.m. in the West Hawaii Civic Center, Community Center, Building G, 74 -5044 Ane Keohokalole Highway, Kailua -Kona, Hawai `i, with Chair Geraldine Giffin presiding. COMMISSIONERS PRESENT: Geraldine Giffin, Lani Bowman, Brandi Beaudet, Thomas Hickcox, Richard Nelson, III and Thomas Whittemore ABSENT AND EXCUSED: Wayne Iokepa ALSO PRESENT: Ivan Torigoe (Deputy Corporation Counsel), BJ Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Planner), Maija Cottle (Planner), Kiran Emler (Department of Public Works, Engineering Division) and Noriko Sauer (Commission Secretary) And approximately 22 people from the public in attendance. APPLICANT: HAWAIIAN RIVERBEND, LLC (SLU 12- 035/REZ 12 -157) Applications for a State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone from Agricultural 5 -acres (A -5a) to Village Commercial - 20,000 square feet (CV -20) for approximately 14.622 acres of land. The property is located on the northeastern intersection of Waikoloa Road and Paniolo Avenue, makai of the Waikoloa Stables and east of the Waikoloa Village Highlands Shopping Center, Waikoloa, South Kohala, Hawaii, TMK: 6 -8 -002: por 021. GIFFIN: We are going to move on to Agenda Item No. 1. The applicant is Hawaiian Riverbend, LLC. They are asking for a State Land Use boundary amendment application and also a change of zone application. They have submitted two applications, as I just said, and one is for the State Land Use boundary amendment from Ag to Urban, and a change of zone from Ag -5 acres, A -5a, to Village Commercial- 20,000 square feet for approximately 14.622 acres of land. The property is located on the northeastern intersection of WaikoIoa Road and Paniolo Avenue, makai of the Waikoloa Stables and east of the Waikoloa Village Highlands Shopping Center. Daryn? ARAI: Thank you, Madam Chairwoman. Good morning, Commissioners, and happy holidays. If I may direct your attention to the presentation screen. The subject property is located just mauka, or east, of Waikoloa Village, and the subject property here is outlined in red. The subject property is situated on lands designated Agricultural -5 acres by the County Zoning Code, as well as State Land Use Agriculture. The project site is located just makai of the Waikoloa Stables, which is located in this vicinity here, and the Highlands Shopping Center, which is located across Paniolo Avenue in that location. Just for points of reference, this white line running basically left to right of the screen is Waikoloa Road, with Palani Road (sic) in this location here, I'm sorry, Paniolo Avenue, my apologies, extending from the top to the bottom of the site plan. I should back it up, I apologize. Zoning in the surrounding area includes Open designated lands indicated by this dark green color here, Agricultural -5 acres lands designated by the light green. You have Residential Agricultural -1 1 acre zoning located across the street, which is also the subject of your next agenda item, and commercially zoned land indicated by the pink color. This is a depiction of the General Plan Land Use Pattern Allocation Guide Map, which roughly designates the project area and surrounding lands as for Extensive Agricultural Uses, Open designated lands indicated by green here, Medium Density Urban, which could accommodate commercial and multiple - family residential use indicated by orange, and Low Density indicated by the yellow color. I should note that the General Plan is a broad -brush document that defines the land use policy direction for the County of Hawaii. This is a depiction of the South Kohala Community Development Plan. The project site is located right where this little icon is situated. Again, Waikoloa Road is in this vicinity here, with Paniolo Avenue in the proximity. The CDP map does identify the project site as a potential community center and park site, as well as it does identify that the project site and immediately surrounding lands maintain an Agricultural zoning designation. And I can clarify that further on in the presentation. This is an aerial photo of the subject property, with Waikoloa Road running left to right at the bottom of the site plan, I mean, the aerial photo, and Paniolo Avenue extending to the top of the map. The project site is located in this vicinity here. Off to your right is the Waikoloa Stables, and the Highlands Shopping Center is across Paniolo Avenue in this vicinity here. This is a further close -up of the intersection of Waikoloa Avenue running left to right and Paniolo Avenue extending to the north. The project site is located in the upper right hand corner. Again, the applicant's request before you today is a State Land Use boundary amendment from Agricultural to Urban for approximately 14.622 acres of land within a larger roughly 31 -acre property. Also accompanying the request is a change of zone application from Agricultural -5 acres to Village Commercial- 20,000 square feet. The applicant is proposing to develop a commercial shopping complex whose concept reflects approximately 170,000 square feet of commercial floor area. This is a concept map of the applicant's master plan. Again, Waikoloa Road at the bottom here, Paniolo Avenue extending to the north, and the project site itself is shown in this mustard color that comprises approximately 14.6 acres within the larger 31 -acre property. Off to the right hand in the area colored green is roughly 10.5 -acre site that is currently undergoing subdivision, and the applicant intends to provide the parcel to the County of Hawaii for development into the park site consistent with one of the policy recommendations within the South Kohala Community Development Plan. There is a pending subdivision currently before the Planning Department, which would parcel out this 14.6 -acre project site, as well as the park site, with the remaining five, almost six -acre remainder parcel located in the upper left corner. This is a photograph from Waikoloa Road, looking makai at the Highlands Shopping Center, with the project site off to your left, or right, sorry — feel free to correct me throughout the presentation, my apologies. This is looking at Waikoloa Road from across the street to the south, looking directly at the project site. The Planning Director is recommending favorable consideration of both the State Land Use boundary amendment from Agricultural to Urban, as well as the change of zone request to Village Commercial - 20,000 square feet zoning designation. I would like at this time to supplement the Director's recommendation report. We have distributed to you this morning a sheet of paper, which references "Item No. 1— Hawaiian Riverbend, LLC," and you have before you two proposed amendments to the Director's recommendation and the conditions of approval therein. Condition I: We ask that that be amended with the additional language highlighted in yellow. And what that 2 amendment is attempting to do is to provide clarity in what type of traffic would be restricted prior to the installation of necessary improvements along Paniolo Avenue to accommodate left -turn movements into the project site. Below that, you'll see a new Condition J; that condition is to address, or at least ensure, that potable water necessary to support the commercial development will be provided by the applicant prior to issuance of a certificate of occupancy for any commercial use on the property. We apologize, we inadvertently left this condition out, and it's just to provide reassurance that water will be provided to support the project in adherence to the County concurrency requirements. One last item: We did receive an email from Mary Wills Schulherr, if I pronounced that correctly, dated November 9, 2012, and her comments have been, copies of which have been provided to all of the Commissioners. So with that, I believe I can stand ready to answer any questions that you may have. GIFFIN: Commissioners, do you have any questions of Daryn. Lani. BOWMAN: I do. Could you go back to the site plan, I think? So the park is in the green, and you talked about the extra leftover land, the purple. ARAI: The remainder roughly six -acre parcel is indicated in purple. BOWMAN: And that would be just left in open? ARAI: The applicant can clarify if there is any future intended use of that reminder six -acre parcel, but as of right now I'm personally not familiar. BOWMAN: Okay. And one more question, and I apologize; I did look this over, but I may have missed it. The designated park area, does Parks and Recreation need to accept it as a viable park area? Do you know? ARAI: The applicant, well, the lands are intended to be dedicated to the County, and the County Council must accept the dedication. So this matter will be brought before the County Council. The applicant has been in discussion with representatives of the County, as well as the councilman for this particular district, Councilman Hoffmann, for a number of years already. In your background report — and I don't, hopefully I can — there is actually letters from both the Councilman Hoffmann and Parks and Recreation Director supporting the park. BOWMAN: Okay, even though it looks like there is that floodway going through the middle of it. ARAI: Right. I should note that it's designated as a drainage way, but it is not technically a floodway; my information holds that this project is outside of the 500 -year floodway. BOWMAN: Okay. And I apologize, I guess I overlooked the Parks and Recreation. Thank you. GIFFIN: Lani, I'm glad you brought that up, because I had some questions, too, Daryn, about the park designation. It looks as if the parcel is landlocked in terms of getting onto Paniolo or getting onto Waikoloa Road. And is it too premature right now to even discuss that kind of thing, because it looks like it would be landlocked. ARAI: Well, during the subdivision process, access to all individual properties are being assessed at this point in time, and I believe the applicant is getting close to receiving final subdivision approval. I should mention that the project site, or specifically to your question, there is like an access easement that's running in this particular location here that will provide access to the park site. GIFFIN: Thank you. ARAI: And then there are other designated access points, and — I'm sorry, I forgot my glasses at home, so I can barely see this — but there are access points on Paniolo Avenue and on Waikoloa Avenue as well that will support the commercial component. GIFFIN: That's right. Any other questions? Tom. WHI'I'IEMORE: Daryn, could you just spot for me where that roundabout is going to be? I wasn't real clear on that. ARAI: Sure. My apologies, I should have mentioned it. WHITTEMORE: No. You don't have your glasses. ARAI: The roundabout will be located here at the intersection of Waikoloa Road and Paniolo Avenue. And I should note that there is a specific condition in an ordinance that is associated with the parcel on the opposite side of the street, which is the subject of your next agenda item. But in the Director's proposed conditions, there is also an obligation for the applicant to construct the roundabout in coordination with the other landowner, should they wish to develop this commercial site prior to the other development installing the roundabout; so either way there will be obligations for the construction of the roundabout. GIFFIN: Thank you. Brandi. BEAUDET: Daryn, why a roundabout, not signalization? ARAI: The simple answer is because it's already in the conditions of approval. The more technical response, I'll probably defer to the Department of Public Works, if he is willing to respond. GIFFIN: Ki. EMLER: Well, I think I'm going to have the same response as Daryn; because it's already a condition for the Waikoloa Mauka, LLC project, and so we assumed that it was going in as a requirement by the County Council, it's already a condition by Iaw. And so we just wanted to make sure that this project would not only cooperate with it, but it seems like it would be better if these folks, if they came first, would construct it. BEAUDET: So I guess my question as to the benefit of having a roundabout relative to signalization from a traffic control standpoint cannot be answered. EMLER: I'm going to say that I personally am not qualified to make the determination or make a recommendation one way or another. It's what has been, I think, requested by the folks in the 4 community, and also by resolution Public Works was instructed to consider roundabout for intersections for new developments. So there is some expertise in our Department that could answer your questions better, but they are not, they don't have to be here, our Traffic Division. So I would defer to them with regard to the question. They have made a determination I'm sure that it is an acceptable design, and it is in use in many areas, so -. We already have one that we've approved in another location on this side of the island that hasn't been constructed yet. So it is considered an acceptable type of intersection design, and we are looking forward to using it in certain conditions. GIFFIN: Ki, did I hear you say that this was also something that the community had requested? EMLER: I believe the South Kohala Traffic Safety Committee was pushing for it, and -. GIFFIN: Okay. EMLER: Okay? GIFFIN: Yeah, thank you. Any other questions of staff? Lani. BOWMAN: I just have a quick comment. Looking at, I know it's private, but looking at the roundabout at Mauna Lani, it seems to work very efficiently. And I don't know, it would be interesting to see, you know, the traffic, the volume of traffic there versus Waikoloa. Just a comment. Thank you. GIFFIN: Ki. EMLER: I do have a couple of comments that is it does keep traffic moving; that is well -known that it keeps traffic moving, especially if you have kind of an equal distribution of traffic on all legs. And the other thing is that it does prevent T -bone type accidents because you don't have the type of conflicting traffic movements that can be a problem for side T -bone type of accidents — I think that's the right way to describe it. BOWMAN: Can I ask a quick question? I haven't driven down the road lately. But are there, coming mauka down to Waikoloa, are there like little bumps — I don't know what you call them — to slow people down? GIFFIN: No. BOWMAN: Well, not speed bumps, but the little — I call them little turtles. EMLER: Rumble strips? BOWMAN: Rumble strips. EMLER: On Waikoloa Road? BOWMAN: Yeah, coming down before the intersection. No? GIFFIN: To the best of my knowledge, no. 5 BOWMAN: Because, would that be something to consider? Only because people go very fast on that road, and I'm comparing that roundabout to other roundabouts where the, I know, the speed limit is less. EMLER: Well, on the approach to a roundabout, you have a constriction and some curvature in the alignment that requires people to slow down; that's one of the reasons why it's also desirable in some cases. BOWMAN: Okay, thank you. GIFFIN: I'm, Lani, I'm not an expert on this kind of thing like Ki is, but I do recall last month when we were speaking of what is today's Agenda Item No. 5, and it seemed to me that the Department referred to roundabouts as a calming element. And in comparison to what you were talking about at Mauna Lani, I think the traffic is a whole lot greater in Waikoloa than it is at Mauna Lani. ARAI: Madam -? GIFFIN: Daryn. ARAI: Just a final note on the comment that Commissioner Bowman was indicating: The rumble strips, or the rumble, the bumps, that you see on the roads, there was another project where I did speak to Ron Thiel, who is the Traffic Division chief, and he actually indicated that the County is actually removing those from its roadways, and while there is some benefit to it, it actually generated a lot of complaints. When you go over them, I'm sure you hear how loud they are; it actually generates complaints of neighbors and the immediate vicinity who have to constantly deal with the noise. So my understanding is they are actually removing it. GIFFIN: Any other questions of staff? HICKCOX: Yeah, I have one. GIFFIN: Commissioner. HICKCOX: I'm not sure as to the design of the particular roundabout, but how is it, was any thought given to the handling of truckers? Because that particular area is heavily used by, and eventually will be used by truckers to get in and out of the subject project. LEITHEAD TODD: The -. GIFFIN: Director. LEITHEAD TODD: The input that we've had is that truckers would prefer a roundabout to a signalized intersection, and that's because when a signalized intersection coming up, you've got to go hit your brakes and come to a stop and then, you know, you are at a grade. And so, there is a couple things: It creates more noise for the community, but it also requires the truckers to get, to stop as oppose to just slowing. And so the input that we've heard is that they would prefer something where they can continue to go slowly through the intersection as oppose to having to come to a complete stop. And it's the same thing coming down because you are coming down and 6 so it's more wear and tear on the brakes, it's noisier. And so that's the input that we've had. I don't know whether how scientific that is, but that's what we've been informed. GIFFIN: Okay. Any other questions of staff? Hearing none, may I have the applicant or the applicant's representative? Good morning, Sid. FUKE: Do I need to be sworn in? GIFFIN: You know the drill. Yes. Do you swear or affirm to tell the truth on this matter now before the Leeward Hawai `i County Planning Commission? FUKE: Yes, I do. GIFFIN: Please state your name. FUKE: Sure. Good morning, Madam Chair, Members of the Commission. My name is Sidney Fuke. I'm a planning consultant assisting on this project. Regrettably, the principal is not here; he is from Saratoga, California, and was not able to be here. I can answer a lot of the questions, but I think that I might need to kind of preface it a lot by just showing the relationship between this particular project and the project that you are going to hear next, and so like -. GIFFIN: That's really good. Thank you. FUKE: So you all understand that I think there can be like, the testimony given today can probably apply to the other one. Back in 2005, this group called Waikoloa Mauka purchased almost all of Waikoloa Land's properties in the Waikoloa area, the ending part of 2005. And since that time what they did was focus on — this is the so- called Highlands project area — and so at that time the former owners, Waikoloa Land, they were going in with the County Council for an extension to complete their subdivision, and, of course, their plans reflected the construction of an 18-hole gold course. So in 2005, the ending part, and finally in 2006, I believe, the County Council approved the time extension and — oops, anyway — they approved the time extension. And there were like several conditions, you know, 2006 or 2007, there were several conditions: One was that they had required the applicant to go to the Land Use Commission to have the property reclassified from the Agricultural to the Rural district. And so they had to do that, you know, pay big bucks to do the environmental impact statement and all that stuff, and they finally got that done in 2008. Relatedly, the other conditions called for, if you are going to do a golf course, then make sure that you let the community know that you are going to do a golf course, because I think at that point in time there were concerns raised by the Waikoloa Village Association who owns and maintains the golf course that, you know, you are going to have another golf course, it's going to provide competition, what's going to do to us, so on and so forth. And so it didn't say that you can't do the golf course but, you know, just give the Village Association or the community some ideas as far as whether it was going to be built or not. Along the way the developer just said no, they are not going to do a golf course because, you know, obviously it didn't pencil out and -. They still kept the open space area; they are going to be using that as drainage way and natural walkways, you know, so on and so forth. The last item relates to the question that everybody has been talking about, the roundabout. There was a condition that originally required the intersection to be signalized. Then when we went in to, 7 going for the time extension, we had suggested that, to give the Department of Public Works the option and not necessarily mandate a roundabout, but instead to say like, well, traffic signalized and in the alternative, if the Department of Public Works determine that the roundabout is more efficient, then they should do the roundabout. Well, when the matter was heard before the County Council, the Council made it explicit that they wanted to have a roundabout, and it was largely by the area councilmember, Councilman Hoffmann. And his rationale is generally along the lines of what's been kind of expressed, one of which was that, you know, for traffic moving, especially like the trucks, you know, going mauka, and having to stop at the intersection periodically would create more of a problem rather than just having the assurance of just kind of going through that intersection; it will be not the fastest but, you know, you are going to go through that area. And so that was why the requirement was made to have a roundabout. Since that time the developers, you know, Waikoloa Mauka, they had to provide construction plans, so they did provide, they did prepare the construction plans for a roundabout and it was submitted to the County Public Works Department. I think it's nearing final approval. So, you know, along the way there were question raised as far as like, you know, when you have a roundabout, and if you looked at like the Mauna Lani situation, you know, how do people cross from one area to another, you know, like, where is the crosswalk? And generally, the design is that the crosswalks are usually outside of the roundabout area. And so the plans do reflect — and I have a copy of a concept plan that shows how people can get access from the north to the south area or from east to west, whatever have you — so there are provisions for crosswalk accommodations. Again, back in 2005 one of the, one of the minority partners is a guy named Michael Miroyan; he had some interest in the land, he had some interest in the, you know, the Waikoloa Mauka property. And so as we were proceeding, you know, working with the community, trying to find out, you know, as good neighbors, trying to work with the community to identify what their needs are, and it became kind of paramount; one of the critical needs was trying to find a community park site, you know, for that area. And if you are familiar with the land ownership like, you know, a lot of this land is, these lands here are owned by the Village Association, you know, all surrounding the Waikoloa Village, and there is very few other privately owned parcels in that area. So there was like a number of committees formed just trying to identify all these potential park sites, and it finally, you know, they kind of like settled on to a property area like this, you know, right below in the area of the Stables, you know — this is the Stables and this is just kind of below this area. So, you know, we were in discussions with the community, and finally back in 2010 we were working with the Department of Public Works and also at the time the area councilman to say like, "Well, we'll develop a concept plan to see like how we can fit." And that concept plan is, that concept plan came something like, you know, something along this line. So this whole area that's kind of shaded, it consists of 31 acres. So the area that's being proposed for commercial area zoning is like about, it's about a half of it, like about 14.5 or 6. And this is the area, the proposed park site. The reason why we had to do that was to help underwrite a lot of the improvement cost associated with the park, you know, especially the offsite improvement and the onsite improvement. There was a need to have some use of this area. So Hawaiian Riverbend, which consists of the principal, this guy Michael Miroyan, he then said that, "Well, you can buy out my interest and then just give me this property here, and then I'll start to work on a commercialized development." So that was how it was arrived. GIFFIN: So he is no longer principal in the group that is Agenda Item No. 2? FUKE: Correct. So his interest was, you know, his interest in Waikoloa Mauka, the second application, was relinquished by virtue of like his getting this property. But the conveyance of this 8 property was subject to this area being conveyed to the County of Hawaii. And in so doing, then this area when it gets conveyed to the County of Hawaii, the fair share obligation on Waikoloa Mauka's 380 Highlands subdivision would be credited against that land. So, but because of, like, you know, there is that kind of a depression, you know, over here, we had to kind of work it out with the Parks Department to see like, "Well, what is it that you would want, and then can it fit ?" Because in a perfect world they probably would have wanted Iike this area here, you know, but then they were saying, "Well, you know, we need to get some funds to help develop the rest of the infrastructure." So when this plan was developed, it showed like, you know, a gymnasium, basketball court over here and a ball field over here. So the discussions that's currently ongoing with the Parks Department right now is that, okay, this site can work, but what they would want to see is that there be like a bridge connecting from this area to this area, which would have to be built by either this developer or Waikoloa Mauka. GIFFIN: Across the street. FUKE: Yeah. And then this bridge, however, would essentially be only for pedestrian and maintenance vehicles only; it would not be for, you know, just normal, I guess, consumer type of vehicle. The other thing that we had to work with, we were working with, is that to see — it's not really working, anyway, the laser doesn't work — but what we were working with the Parks Department also is to see whether we can do some co- sharing of the parking area, because if you are going to have like a lot of activity at the park area and especially if it's like night, and then the commercial facility is closed, for example, then we would like to kind of make that available. So that's, all of that stuff still has to be memorialized and then, you know, an agreement has to be struck before the County would actually accept the land. The other thing that the County is asking for is that, and then which is embodied in your condition, is that this roadway, you can see the small little flag that leads to the proposed parkway, has to be fully improved with curb, gutter and sidewalk before it gets conveyed. So that's how you get the access. So that access, you know, that access would come from Paniolo Drive leading to the park site. But, you know, this design is kind of relatively preliminary, and what Public Works had recommended, and which is also embodied in as a proposed condition, is that we have to develop, the proposed commercial area has to be developed in a way that provides for connections between all of, you know, this interior properties and Waikoloa Road and Paniolo Drive, you know, so that if you are traveling on, going makai on Waikoloa Road, for example, and you want to go to the park, then you don't necessarily have to go through the roundabout and go on Paniolo Avenue, but rather you can just kind of find your way through the proposed commercial shopping center area, and likewise if you want to get out. So that's how the circulation system would be developed. The other thing, too, is like, you know, this is kind of really preliminary; but then although — you see the narrow portion just right fronting the Stables, you know, that width is about like 180, 200 feet wide, but then there is like a break, you know, between that long narrow building and like another building, the break is because there is an existing easement that's a utility easement — that right now we are working with the Waikoloa Village Association to see possibly, you know, whether that can serve as a common access to not only this proposed complex but to the Village Association's Stables. And in the back adjacent to the Stables is an area that the Village Association is working with the State right now to have their new library. It's right around here that they are considering. So you can see very faintly, you know, this thing over here. So the thought is possibly what we are working on now, you know, maybe to convey this portion to the Village Association so they'll have much more usable area, and in turn, you know, maybe have some 9 additional land from the Village Association. But that's all like work in progress. But in concept that's how it is right now. Your proposed, the staff's proposed condition is fine, you know, in relative to how we are going to handle the road access condition; we do have to do like a sight distance study and construct curb, gutter and sidewalk along over here, and likewise, over here, maybe make improvements to the existing sidewalk pavement over here. Let's see, what else -. I think I've answered for the most part all of the questions; but if you have more, then I'll be more than happy to answer. GIFFIN: Commissioners, any questions of Sidney? Tom. WHrrrEMORE: I think there was some mention, I don't know if you, Sidney, or Daryn mentioned that the County is currently, Planning Department is looking at subdividing this application, subdivide this property? FUKE: Yeah, actually, there is right now a pending subdivision, three -lot subdivision. WHITTEMORE: Okay, that was my question. Was it a three -lot or a two -lot? FUKE: It's a three -lot. WHITTEMORE: Okay, so the remaining unimproved property will remain in the ownership of -. FUKE: Okay, the remaining unimproved area is this parcel over here. The reason why it's like five acres is that the zoning of this area and the park area, you know, if everything is approved, will still remain in the Ag -5 zone. So the park area would meet the minimum area with the requirement of having like ten -plus acres, and then the balance would have five -plus acres. Just for your added information, there had been some interest by, expressed to Hawaiian Riverbend from a church, as well as like a possible like a senior housing kind of project; but then again those are all in the discussion phases. I think a lot will hinge upon what happens to, you know, like their proposed, you know, rezoning this commercial there, because with the commercial zoning then it makes a lot of things possible because of the enhanced value and then — well, you are a former banker, so you understand that — so you can underwrite a lot of the much - needed infrastructure cost. BOWMAN: May I ask -? GIFFIN: Lani. BOWMAN: So the undeveloped area is still, what is the zoning going to be, or what are you asking for the subdivision? FUKE: We are not asking for any zoning; the only zoning that we are asking for is the 1 5-acre that encompasses the commercial area. The proposed park site and the balance of the five -acre lot, no zoning is being requested; it's existing zoning. BOWMAN: Which is Open, right? 10 FUKE: No, Ag -5. BOWMAN: Ag -5. FUKE: Yes. BOWMAN: Okay. And the three lots that -. Are those the three different lots with your subdivision? Sorry, I'm not familiar with the subdivision. FUKE: Yeah -. BOWMAN: Okay. FUKE: It would be three Lots: The first lot would consist of the proposed commercial area, second one would be the ten -acre park, and then you the remnant, which is five acres. BOWMAN: Okay, thank you. GIFFIN: Any other questions of Sidney? Commissioners, just for your information, part of the background information for Agenda Item No. 2 on Page 3 speaks of what Sidney was speaking to; the September 20, 2007, Condition C required for the construction of a roundabout. Any other questions of Sidney? Commissioner Hickcox. HICKCOX: This is kind of off the wall. But for the commercial project site that's coming up, are there going to be any height limitations on those things? FUKE: There is a maximum height limit within the CV zone; I believe it's about 30 feet. HICKCOX: Thirty feet. FUKE: Yes. HICKCOX: Thank you. FUKE: But for all intents and purposes they are still looking at like a single -story structure. The other thing I forgot to mention was that there have been considerable discussions with a potential hardware store for this particular area right now. GIFFIN: Yeah, I think that came out in the background report, too. Any other questions? Hearing none, Sid, if you step back for a minute. We have six people who have signed up to testify, and we have accommodations for four at a time, so I'm going to ask the first four to come up: Robert Green, Bette Green, Richard Schulherr, and if I mispronounced your name, I apologize, Mary Wills Schulherr. Would the four of you please come forward. I only see three, oh, there is the fourth, okay. Perfect. There are microphones readily accessible, so when you testify, I would appreciate it if you speak into the mike. Will you please raise your right hands. Do you swear or affirm to tell the truth on this matter now before the Leeward Hawaii County Planning Commission? TESTIFIERS: I do. 11 GIFFIN: Thank you. Sir, let's begin with you. Will you please state your name. R. GREEN: Okay. My name is Robert Green. I'm here as a private citizen. I'm a kama`aina; I was born in Hilo and raised in Puna. I'm pro -growth and pro - development; so don't get me wrong when I start throwing rocks at you, because I'm pro -growth and pro - development. And I have a, I'm an engineer with advanced degrees in industrial engineering and business administration. Okay. Now, why am I here is, well, I was looking at this item, and there were three concerns that I had. And the first concern was why are we here, because both these projects are basically at Waikoloa. And the citizen of Waikoloa need to be making these presentations, but here at 9:30 in the morning they are working. So I was very concerned that we had this presentation on these projects specific to Waikoloa here. The next thing that I was concerned about is basically the presentations; you know, I don't think that they were representatives. As an example, the pictures that he showed were really nice pictures, but he never got down to the gully, and took pictures of the terrain and the gully, which where the problems are. Now, what I think the major issue in my opinion is traffic, and this is going to be a problem. And if you look at the diagram, let's see, we are going to come down from Paniolo Avenue, and then the first road that you find is Lua Kula, okay? Right across the street is a condominium with a road there; so right there we have another road that's not listed on this, okay? You go further on the bend and you come to the right, and you have the most, the busiest intersection in Waikoloa that goes to the commercial center that we have now; that's not listed. Now, then you go up to the, take the turn on the bend, and now you have that road that they're talking about, going to the park. And you go on, then it's going to be another exit to the commercial zone, and then you come to another intersection on the other side of the street that's not shown. So, you know, it's very, very difficult to make decisions with half the information. I think all of those should be shown. And then we have another exit. You know, that's only, that's only Paniolo. Now, let's go up Waikoloa Road. As we see Waikoloa Road, we find that south of that road, or south of the Waikoloa Road, there's going to be a 400 -house lot housing area, okay. And what that housing area is going to have two roads, exits: One is going by the post office, and the other is going on the other side of further east of the Stables road. So now you have those two thousand people living in that area, and those traffic concerns are not listed, as I see it, and I think this is something that should be considered. Now, we go back to the Waikoloa Stables. Well, that area has the library. It's supposed to have the medical complex. They are talking about having a Marine Corps museum there in that area. So we've got all this traffic. And all these things are really not pointed out and considered. So I think what the, I think what we need to do right now is basically have Hawaiian Riverbend go back to the drawing board and come back and provide you with all the potential problems that we'll be having, so you can make the proper decision; because if you make a decision only with the information you have now, I think it'll come back and bite you. And I also think that the Planning Department, when they show some of these pictures, you know, they are showing you only the good pictures. I think maybe they ought to go back and show you the bad pictures. And so I guess that's what I'm talking about. The next thing, area I was concerned with would be with poor planning, and I'll cover that when we talk about the development to the south. Thank you. GIP-TN: You're welcome. Commissioners, any questions of Mr. Green? Hearing none, ma'am? 12 B. GREEN: My name is Bette Green, and I'm a resident of Waikoloa Village. And my concern is the fact that you were given all this paperwork and none of the existing roads on the other side by the grocery store and the commercial center showed up. And so if you haven't been out there and you haven't driven those roads, you don't know what a mess this is going to make when they start exiting from the Riverbend side when we already have one, two, three roads on the other side by the commercial center and by the golf course. That's my concern. Thank you. GIFFIN: Thank you. Hang on just a minute. Commissioners, any questions of Bette Green? BOWMAN: I have a question. GIFMN: Lani. BOWMAN: Would you — I'm just going to throw this out — would you think it would be hypothetically better traffic -wise, if the development was located to the south? B. GREEN: I'm sorry, say that again? BOWMAN: Would you hypothetically where the, our next application is, would the traffic be better, less, if it was located across the street? You are talking about all the roads. And I'm not saying that it's going to be; but just, the traffic would be less, if it was not, that development was not in that area but, say, to the — what is that, south — where the next development, where the next applicant is. B. GREEN: The next applicant is over across from Waikoloa Road. And what you are asking me is if their roads, exits, or whatever, went out on — what is it, Melia or, Melia, yeah — on Melia by the post office side as oppose to going out on Waikoloa Road? It might relieve something, but still the concern is with the commercial center that's already over there, and Riverbend coming out on that same -. Paniolo is just not that wide. BOWMAN: Okay, thank you. GIFFIN: Any other questions, Commissioners? Hearing none — she has a mike — will you please state your name. M. SCHULHERR: Mary Wills Schulherr. I am the person who wrote the rather passionate request that the application to have the rezoning be denied. There were some lovely pictures provided. However -. Can we please go to the -? That photo. I don't know. Do you have the pointer? If you look at where that first V is — exactly — just north of that, two buildings up is my property — one over, yeah, thank you — that's my property. I have a photo. I'm trying to overlay where this commercial development will be, because on the wonderful diagram of the master plan there are a couple of scattered buildings, which do not indicate where my property and my lanai will overlook. Right there. See the purple area is — if you wouldn't mind walking over to point out where our property is now — I'm right there. So the idea of me buying my property in a residential area and having the property adjacent to it, which is Agricultural, being switched on over to Commercial, so that instead of having greenery to look at, I will hear the traffic of the trucks arriving early in the morning, the trucks getting all of the garbage. Can you go to the master plan? And there is a rather large anchor building; that would be in my line of sight from my bedroom window, from my lanai and all of my windows facing Mauka Kea. 13 There are a number of entrances and exits to the commercial site that's already existing. Right where you have the proposed road below the purple area, you have — stay on the diagram, okay, that will work, too — right where — may I have the, oh, good — right there is the entrance to the Chevron station. Further north, excuse me, further south, near the white building, that's a major entrance to the Waikoloa Highlands. The biggest building there is a grocery store. There is a number of vacant buildings in the area directly adjacent to Waikoloa Road, and nonetheless there is another entrance right there into that commercial area. When we had the master plan diagram, there is no accommodation at all for any roads, any inch, for there to be a viable roundabout. Where is that land going to be taken from? If it's going to mean that the building is going to be pushed further north, that would again bring more of my neighbors in Waikoloa Hills directly adjacent to the rear end of commercial area. The Makau (sic) development has this tradeoff, oh, well, there will be a park as part of this commercial area. There will be no way for children to get on a bicycle and go to this park without risking major damage. It's not quite safe to walk along the, those are four lanes, onto Paniolo Avenue, which is the sole access for at least 4,000 people who live in Waikoloa Village. There is a very undeveloped road, which is our -. It's not on that map. We had a major fire in 2005; part of the recommendations in this FEMA document say, well, we really need a secondary egress, we need another way to get out of Waikoloa Village. We have a dirt, excuse me, an unimproved road in Waikoloa Village. The very idea of -. Excuse me, if I may, while we are on the General Plan, the building where my home is doesn't even exist on the, in the triangle, because that told me Phase 1, I live in Phase 2 Waikoloa Hills; it's not even represented on the General Plan, which is paperwork submitted to you by the developer saying, oh, here we go, here is a nice picture. My home doesn't exist there; believe me, I know it does, I live there. So I'm very concerned about traffic. I'm very concerned that even during construction the major in and out for the about 4,000 or more people who live in Waikoloa Village, we won't be able to get in and out during construction. You are concerned about tax revenue; more and more people will be moving out of Waikoloa Village because they just are tired of the hassle getting in and out of their homes. I'm very concerned about the kids not being able to get into this park; the park is a tradeoff to have, well, we need the commercial tax base, therefore we'll give you a park that children will not be able to get to. You will have overtaxed soccer moms having to get into their cars to drive the kids to this area because it's not safe to walk there. I walk to the post office, which is across Waikoloa Road. We currently have, it used to be you just walk and cars should have slowed down, now we have orange flags to say, hello, l really need to cross the road. The idea that trucks do not want to slow down at this intersection makes me concerned. I will not be able to safely cross the street. The crosswalk will be moved away from the traffic circle. But if I choose to cross the street to walk to the post office, the trucks are going to have to stop. So the idea that we do not want to upset truckers (there will be so many more trucks coming into the area), I'm sorry to make them have to slow down and stop, but I would like to be able to cross the street to go to the post office. The other concern that I have, no one is mentioning elevation. At that intersection it's 1,000 feet, and that's the highest part of the surrounding area; at least that it is on my topographical map. I started long and hard before I purchased where we bought our condo. And there is talk about, oh, don't worry, we'll remove that hill and use all of the dirt; well, if you remove the hill, instead of 14 looking at the hill, I'm going to be looking directly into the back of a commercial area. I'm a little passionate because this is my home, so forgive me. I'm very concerned about access in and out of Waikoloa Hills. I'm very concerned about access in and out of this proposed commercial area. If we do indeed have existing commercial area, could the people who are planning this development have at least look at the existing commercial areas, rather than build where it is not zoned commercial? I imagine that would ever there was a Planning Commission coming up with a plan as to what should be commercial, there was at least an idea that we don't want at the top of our hill at the highest elevation to Waikoloa Village, looking at a big gigantic store. GIFFIN: Ma'am -. M. SCHULHERR: Do you have -? GIFFIN: Are you through? M. SCHULHERR: I believe so. GIFFIN: Okay, great. Commissioners, do you have any questions? All right. Hearing none, thank you very much. Sir? R. SCHULHERR: Yes, ma'am. GIFFIN: Your name, please. R. SCHULHERR: Richard Schulherr. I'm a homeowner at Waikoloa Hills in the Village. I'm a resident of New York City. I'm a licensed pyrotechnist; I've worked with the Fire Department for 30 years in New York City. I've driven through thousands of roundabouts in probably ten countries. I have several concerns about this project. One, I don't know why somebody wants to build a strip mall; I don't really understand that. I've lived around a lot of strip malls; they are ugly, they are disgusting, they generally do not end up filled up, and they become ugly rusting hulks, a blight on the landscape. This is the entrance to our village. I'd like to stress the term "village." It's a village. It's not a town; it's not a city; it's a village. So -. HeIlo? I don't need this. So -. SAUER: You need to use the microphone, sir, I'm sorry. GIFFIN: Yes, you do. R. SCHULHERR: I'll be happy to. So my concern is that for some reason somebody thinks it's a great idea to put in a strip mall. There is some devil's deal here that we are going to swap this piece of land and swap this piece of land, we are going to build something over here, and we are going to take care of everything, it's going to be beautiful, don't worry about it. This is kind of like the Republican ticket at the last election; we are going to fix everything; it will be beautiful, just trust us, even though we have no record of fixing things well or making them beautiful. Now, all of the information that's been provided this project, as the gentleman who first testified said, is filled with sins of omission. There is no reason in this day and age to have 30 -year old drawings that only show the first phase construction of the Waikoloa Hills, and not show the second phase of 15 construction, except that you are trying to spin reality, you know, leaving out inconvenient buildings; you are leaving out inconvenient roads. Now (inaudible) -. ARAI: Sir -. GIFFIN: Sir, excuse me, you do need to speak into the mike because you are being recorded. R. SCHULHERR: Okay, I'm very sorry. So the problem here is that there's all these roads that are not seen. I take my life in my hands every time I cross from Waikoloa Vill -, Waikoloa Hills — can we go back to the, either the master plan or, that's fine — to the Highlands Center. You go cross that road, the cars come streaming around Paniolo Avenue and they are on their way. There is no enforcement happening there. There is a sign that tells you how fast you are going; people really don't care. We are going to start putting flags up like we live in Berkeley for the love of God, or we can just have piles of rocks at each corner so when you want to cross the street, like in Africa or certain European countries, you pick up the rock and waive at the car so they don't run you down. I don't think that's a good idea. I don't think that's a good way to have our village depicted that it's a place that's not walking friendly, which isn't somewhat right now. We are going to have all sorts of entrances and exits out this thing. The traffic is already really bad. If you turn off Waikoloa Road onto Paniolo Avenue, people are crazy, people start, they want to speed up to 35, 40 miles an hour because they want to get to where they are going. And, you know, then you have exits out of the gas station, and right after that is the entrance on the right side to Waikoloa Hills, and then there is an entrance to the people who live over the golf course area. And it's a curve. And, by the way, it's a big hill, which you can't see from any of these drawings. When you make the turn into Waikoloa Hills, you are on a hill, and you are headed down. As you head down there, people are coming up. It's already, it's already difficult to see people exiting from the Highlands Shopping Center, which exists, onto Paniolo Avenue, as you are exiting the village. And there's continual enforcement problems along the stretch of Waikoloa Road going out of the village; no one goes 35 miles an hour and they drive right up your tail, if you try to. There is going to be a need for increased police presence in this neighborhood, which was addressed in the, I guess, the FEIS on the No. 2 agenda issue. But nobody seems to have really thought this out. They haven't presented their documents and their drawings in a legitimate and truthful way. There has been continuing omissions and obfuscations in all the materials, which have been presented, and I just don't see -. I also would like to point out: As far as I know, this is the only place, certainly in the Village and maybe (inaudible) and first we're going to have the strip mall and we're going to put urban setting right next to residences. Where else do we do that? Excuse me, commercial, commercial, commercial urban setting right next to residences. Do we do that somewhere else in the area here that I'm unaware of? I mean, yeah, we do it up like in a town like Kamuela. But, again, this is not a town; it's supposed to be a village. I'd also like to bring, one last thing, and I'm sorry for going for so long, but I'm really concerned about fire. The Village several years ago came very close to burning down. And if not for the heroic efforts of the — sorry I can't remember their names — but the people, the federal people and the state people who deal with the fire situations, we came real close to losing Waikoloa Hills and maybe large lots of Waikoloa Village. I don't see any big fire break going on there. People keep telling me there is; oh, I see, it is an electric access road, which is going to apparently become right next to a street. There is an emergency exit supposedly from Waikoloa Village. I have not gone down. It is a very unimproved road, which feeds out onto the highway. So you've got 5,000 people in Waikoloa Village, there is a fire, everybody wants to get out. They stop for the roundabout? I'm 16 not saying the roundabout is a bad thing but, you know, this fiction that people don't have to stop for a roundabout is kind of insane, because you have to have rules in a roundabout. And I've driven in every one of them; sometimes the people who are driving parallel to the ocean have the right of way, and everyone in the roundabout has to defer to them; sometimes people in the roundabout have the right of way; sometimes people entering the roundabout have the right of way. So to say that a roundabout means nobody has to stop is quite an oversimplification. And I thank you for your time. GIFFIN: You're welcome. Commissioners? Hearing none, thank you. If you would please step back, I'm going to call on the last two who signed up to testify. Chris Nordby and Jana Collier, will you please come forward. Thank you. Could you please raise your right hands. Do you swear or affirm to tell the truth on this matter now before the Leeward Hawaii County Planning Commission? TESTIFIERS: I do. GIFFIN: Thank you. Will you please start with you, sir, and state your name. NORDBY: My name is Chris Nordby. I am a condominium owner in Waikoloa Hills. I think you've heard a lot about traffic concerns, so I won't go into detail; I do echo the sentiments of the Greens and the Schulherrs on the matter. But I do think, I do want to say that it's, I think it's more of an issue of safety. Those two proposed entry ways to Paniolo are, as everyone has said, are in and of the vicinity that already has many ingresses and exits from an existing shopping center. As you all know, there is only one way in and out of the village, so that's a very congested corner. And I think that it's very realistic to say that it could be very much a safety hazard, and I wish reconsider this design at least and get rid of those two access ways. My main concern is the process that's going on here; this is a fair share park that's being, it's part of Waikoloa Mauka, and yet it seems to be tied to a development. It's like, why are they doing for filling their fair share on their property across the road there, across Waikoloa? I don't see why it has to be located on another piece of property when it has to be tied to a development. It doesn't seem to me that be the intent of the law of fair share; I will give you a park, only if you give me a shopping center. So I don't understand that process. Maybe you could explain it to me. But I don't see why this developer, Waikoloa Mauka, can't develop on their, the fair share park on their own property. That's all I have to say. GIFFIN: Commissioners, any questions? Hearing none, thank you very much. Ma'am? COLLIER: My name is Jana Collier, and I've been a resident of Waikoloa Hills for eight years now, and I've seen a Iot of changes. And I would like to have a library; I'm a big reader of books. And the Stables, you know, might be a great place to have the library and the community center. But I also am very concerned about the access to a commercial development at the corner of Paniolo and Waikoloa Road being that that is the only access to the community at this time, and that there is extensive commercialization on the north side of the village; so we are getting a lot of other development besides the ones in this area. I just hope that you Commissioners and Members of the Planning Commission will really examine this site and vote it down, because for commercial development I think it is the wrong thing for the Village. GIFFN: Thank you. Any other questions of this testifier? Hearing none, thank you very much. Thank you, Sid. I'm sure you, like we, have heard all of the concerns that were just voiced, and I would like you to please spend some time addressing those concerns, particularly traffic. 17 FUKE: If there are specific technical questions on the traffic, fortunately, we do have the traffic engineer, Bruce Witcher, who prepared the traffic studies for both this project, as well as the next one that's going to come up before you. I'd like to just kind of preface by saying that first of all in terms of the park site selection, I mean, you know this has been going on for like five or six years, and the community at that time was really like at a loss, you know, trying to find where would be the appropriate location for a park site. And quite frankly, Councilmember Hoffmann had some heartburns about this area because one of the, expressing the same kind of concern that one of the testifiers stated, specifically how can children, you know, riding their bicycles or walking to that area, you know, safely come to that area. But I think that after they looked at all of the available properties in that area, I think the decision was like, it's really like no choice, you know; if you want a park, that's probably, and given the landowners and landownership tenure in that area, that's probably like the only location. So it's not like the ideal location but, you know, given the situation, that probably might be the only option. Waikoloa Mauka, you know, the owners of the property on the south side of Waikoloa Road, they said that they were willing to also provide land because they own land like above of the Stables, and then the community said, well, it's a little bit too far because we want it close to the community, etc. etc., and so finally, long story being short, I'm repeating myself, it was kind of like that area. It was kind of too bad that some of the testifiers, you know, did not necessarily participate, you know, like in those discussions; but if you talk to other people, then regrettably they are not here but, you know, some of the participants at that time would probably, you know, kind of attest what I'm sharing with you right now. I do have an article that was published in the North Hawaii News, and it appeared in July 2011, and it was a presentation of this plan here, you know, with the community. And so it, you know, and this plan was prepared only after a number of, like, after trying to figure out where the park is going to be and how we are going to fund it and so on and so forth, and so then we came up with this master plan. So prior to submittal, you know, we kind of like had it vetted by whoever was attending, you know, with the community at that time, and overall the community, the sense I got, and I'll make a copy of this article for you, it showed that they were relatively supportive of the overall concept. The other thing related to traffic, too, is like, you know, in addition to the traffic study being done, this project was also vetted from a traffic standpoint by the South Kohala Traffic Committee, and if you'll notice, their comment, they said that they conditionally supported the application; the condition being making sure that, you know, there are certain things that are taken care of, and a lot of the things, a lot, I think almost all of the recommendations or the conditions suggested by the South Kohala Traffic Committee are embodies in one form or another as part of your conditions. The last point I'd like to make is, maybe this is really like a question to be directed to Mr. Emler, but there is this condition that states that access to the property from Waikoloa Road and Paniolo Avenue, including the provision of sight distance, channelization, etc., etc. shall meet with the approval of the Department of Public Works; my question is like when you look at sight distance requirement, do you necessarily look at like where the proposed intersection is going to exit to Paniolo Avenue and Waikoloa Road, or do you also take into consideration existing driveways like existing accesses prior to telling the applicant this is where, you know, this is where it's acceptable. GIFFIN: Ki, will you come up to the lectern and address that? EMLER: Well, we, too, had quite a concern about this development because of the existing accesses for Waikoloa Highlands Shopping Center across the street; they've already got two full movement accesses there on Paniolo Drive. They've got two, or they've got one full movement on Waikoloa Road as well and then one right - in/right -out on Waikoloa Road; so there is some relief for 18 the shopping center on that side. But, yes, this is a very tight situation with this development. And that's why in my review I -. By the way, I had to draft up my own illustration of where, to scale, of where those entrances are to try to figure out whether I thought there was going to be any feasibility at all of this working out. And that's why I recommended a traffic circulation plan that showed all of this on one plan where you also considered what the necessary length of turn lanes and so forth and whether they could fit within the area. And this is definitely going to take some in -depth consideration for traffic movements and whether such movements can be made across two lanes of traffic without a signal. And it does require additional sight distance for making those additional in- width movements. So, yes, those things are taken into consideration, but it has to be something that the consultant presents in depth. And that's why you either do it before this thing gets approved, in which case Department of Public Works has a chance to review that and vet that or -. That's why we put it in as a condition of approval, and the Planning Director did insert it as a condition. FUKE: That's your proposed, that's the Director's proposed Condition H, which basically reads that the applicant shall submit a multi -modal road and traffic circulation plan prepared by a licensed civil engineer prior to final plan approval. Is that the one? EMLER: Yeah. GIFFIN: Okay. Sid, are you pau, or did you want to say anything else? FUKE: Basically I'm done. I just got -. The reason why -. I think that Ki's comments are very pertinent and -. GIFFIN: Yeah, I do, too. FUKE: The community's, too. So I just wanted to, you know, have placed on the record that there is an opportunity that when, you know, what was shown there is all in concept, and so obviously, prior to their finalizing the plans, a lot of these additional technical studies would have to be done and vetted by the Department of Public Works, and Public Works in turn will take into account all of the existing driveways before sanctioning where would be the most appropriate location for a driveway on Paniolo Avenue would be. GIFFIN: Okay. Commissioners, any questions of Mr. Fuke? Lani. BOWMAN: I do. Just a quick question. You mentioned that the landowners discussed about the park above, they had land above the Stables. FUKE: Yes. BOWMAN: Would be, you know — oops, now where is the picture, yeah — so -. FUKE: Yeah, you can see the Stables. And so above of the, they own properties on the mauka side of that. BOWMAN: Okay, so mauka. And, you probably don't know, but, is that like a, is that a roadway that runs right next to the place where the people live? What is, yeah, what is that? Is it a roadway? PUBLIC: Utility. Fire break. 19 BOWMAN: Fire break. Okay, it's a fire break, utility road. Okay, thank you. GIFFIN: Commissioners? Sid, in addition to what you said regarding the community support of this project, Commissioners, I turn to Appendix A in your background report, the letter from Pete Hoffmann, saying in the second paragraph, "please be informed that absent any other reasonable alternative sites, I strongly support a park/community center at this location. My sense is that most of the residents of Waikoloa community share my position." And so, in conjunction with what the representative has just said, the local councilman has also reiterated those same sentiments. Any other questions or comments that, Commissioners, you would like to make? Oh, I know, I had one more question. Daryn, could you go back to the map that shows the applicant's — no, no, yeah. Sid, correct me, if I'm wrong; there is no stated plan for the lavender area, correct? FUKE: That's correct. GIFFIN: And that is currently still Ag. FUKE: Correct. And so, if for, you know, although there have been discussions like with the church group and also like a person that may be interested in doing some kind of like senior housing, in the event that that land is sold to one of that type of developer, they would have to come in for the required entitlements, be it a use permit or change of zone. So the development right now is essentially only the shaded area, I mean, the yellow shaded area. GIFFIN: Right, so just the mustard colored area is what is before us for Agenda Item No. 1. FUKE: Correct. GIFFIN: Okay. And now, we had testifiers that reside in the Highlands condo area and — yes — and testified to the fact that the commercial property would abut their condo. FUKE: I think that what was stated, if I remember correctly, is that this master plan, you know, showing adjoining, what's happening on the adjoining property is not necessarily accurate, because since that time there have been some condo development adjacent to the purple colored area. GIFFIN: Okay, but that is still not our Agenda Item No. 1; Agenda Item No. 1 is only the mustard color -. FUKE: Mustard colored area, correct. GIFFIN: Okay. And the lavender area is still Ag, correct? FUKE: Correct. GIFFIN: Daryn, did you want to add something? ARAI: Well, the aerial photo here does show a more recent depiction of the extent of the build -out of the condominium complex, the Hills project, right adjacent to, well, I wouldn't say right adjacent, but in proximity to the project site, which is concentrated more at the intersection of Paniolo and Waikoloa Road. I want to make absolutely clear that the request before the 20 Commission today is the change — I hope I'm going the right way, one moment — is a change of zone that affects approximately 14.6 acres, which is the mustard colored area. While I did, we did make reference and have been speaking about the proposed park that could be dedicated to the County of Hawaii, as well as possible discussions with the church for the use of those properties, that is really distinct and separate from the request that is currently before you. They are not tied in together, meaning that approval of this change of zone is, or dedication of the park site is not subject to getting an approval for the change of zone; it is independent. So I just wanted to make sure that's clear. GIFFIN: Commissioners, any questions? Lani. BOWMAN: I do. I'm sorry again, because I seem to be a little confused. I know the testifier testified that their condominium was in the V on that road. So what I'd like to know is, where is the south, about, the south boundary of the whole lot? Is that depression, the floodway that we were talking about, so it actually is more to the north? Where is the northern boundary about? ARAI: The northern boundary I think is somewhere in this vicinity here. BOWMAN: Okay, okay, so somewhere there. So basically, the top of the developed area would kind be by the V. FUKE: Actually, as shown on, you know, that map -. BOWMAN: Right. FUKE: The proposed access would probably be close to where the existing project, or existing condominiums are -. BOWMAN: Okay. FUKE: Maybe if you can go back again to the visual, the photograph rather. They are right there. BOWMAN: Okay. So that would be the existing -. And then the park would be -. FUKE: The park would be like on the right hand quadrant of that map. BOWMAN: Okay, that's, thank you for the visual. Thanks. GIFFIN: Anyone else have questions of Mr. Fuke? Hearing none, thanks, Sidney. Daryn, did you want to go over the amendment to the Planning Director's recommendation, I and J? ARAI: Sure. Let me summarize the amendment. The amendment to proposed Condition I, the area, or the language highlighted specifically in yellow and underscored is the new language that we wish to include in the currently constructed proposed condition. And the purpose of that is to make it absolutely clear that the restrictions to movements onto the subject property from Paniolo Avenue is not only limited or restricted to construction vehicles; it shall also apply to regular vehicles, like, for example, once the development is complete and the public can visit the property, it will be restricted to right -in and right -out movements only until such time a specific left -turn lane is 21 installed by the applicant in Paniolo Avenue. And only at that point when it's constructed, will the condition then allow left-turn movements into the subject property. GIFFIN: So if I understand this proposed condition, it is only for right- iniright -out movement. ARAI: For, right, it is only for right -in and right -out movements during the period prior to the installation of a dedicated left -turn lane. GIFFIN: Okay, thank you. Commissioners, do you have that in front of you, and do you have any questions? Hearing none, Daryn, would you go on to the proposed new Condition J? ARAI: Sure. Now water system that services all of Waikoloa Village is a private water system; it is not a system that's supported or managed by the County Department of Water Supply. That being said, the new Condition J is to make it absolutely clear that the applicant will be obligated to work with this private water company to make sure that the water system and possibly even sources in the area are adequate to support the proposed commercial development. And the condition provides that assurance, as well as identifies three distinct requirements that were identified by the Department of Water Supply in its memorandum in response to this application. And again, those three items include designing and constructing a water system that meets their requirements — and I'm sorry, I'm paraphrasing — No. 2, to submit construction plans for their review and approval, and to pay basically an inspection fee. GIFFIN: Commissioners, any questions of Daryn regarding the new proposed Condition J? So, is it, Daryn, is it in lieu of what was presented, or is it in addition to J? ARAI: It is a new Condition J, with all subsequent conditions to be re- alphabetized. GIFFIN: Any other questions of staff? Daryn. ARAI: I just was consulting with the Department of Public Works representative. If you were to refer to your recommendation report Condition, the existing Condition J, which speaks directly to, "A Flood Study shall be submitted, meeting with the approval of the Department of Public Works, prior to receipt of Final Plan Approval "; he is asking that a similar language as contained within the existing Condition H where at the very end of Condition H it says, "as recommended in the Department of Public Works' memo dated October 4, 2012," he would like the same passage attached to the current Condition J regarding the flood study. So, again, I'll read the language as he is recommending: "A Flood Study shall be submitted, meeting with the approval of the Department of Public Works, prior to receipt of Final Plan Approval, as recommended in the Department of Public Works' memo dated October 4, 2012." I will at this point ask for the Director if she has any objections or concerns regarding the proposal. With that being said, we would recommend that that revision be included in the current Condition J, which, if you adopt the proposed amendment we proposed earlier, it would be the new Condition K. GIFFIN: Okay, Commissioners, we've heard from six testifiers today, generally residents that are from Waikoloa. We've heard from Department of Public Works and, of course, our staff. In addition to all of that, we've heard from the applicant. Do you have any questions of any of these people? I'm happy to call back any of the public testifiers, if you would like to hear from them again. If there is anyone from the public who didn't have an opportunity to sign up earlier, I'm happy to accommodate you. If not, Commissioners, any questions? And remember we have two 22 issues before us — let me just get my folder, I'll straighten it out here. Excuse me? Yeah, the first one is a State Land Use boundary amendment and then also there is the change of zone, okay? So there are two issues and, of course, we will take motions on them separately. Lani. BOWMAN: I have a comment. Could you go to the General Plan map? There. Back. Is that, I'm sorry, maybe the Community Development Plan map. Okay. And I'm also looking, well, first of all, I am sorry that residents with children are not here; I know there is an existing park, and I would really, you know, would have liked to hear people — so that's just my comment. My other one is we have existing CV -10 zoning for, I don't know my, what is it, south -. GIFFIN: Where are you looking at, Lani? BOWMAN: There. Okay, southwest, that's existing CV -10 zoning, correct? ARAI: Let me bring, this is the current zone district map for the area. The project site is indicated, or outlined in red, and this pink color here represents the existing Village Commercial zoning district. BOWMAN: And basically, all the south of the road is not developed yet, correct? ARAI: No, there is a shopping center here. Down here, I believe, is the fire station. BOWMAN: Shopping center by the post office? ARAI: Oh, not a shopping center, I'm sorry, the post office. BOWMAN: Post office, okay. But that is existing CV -10 zoned. ARAI: That is correct. BOWMAN: Thank you. GIFFIN: Any other comments or questions? All right. Then I think I would like to entertain a motion for the State Land Use boundary amendment application, SLU 12 -035. Do I hear a motion? Brandi? And remember that this would be a recommendation to the State Land Use, County Council, I'm sorry, this would jut be a recommendation, either favorable or unfavorable, to the County Council. So in this regard, this agenda item, the State Land Use boundary amendment is a recommendation. ARAI: And while we are waiting for a motion, I just want to clarify: Are we going to take it in steps, the State Land Use boundary amendment first and rezoning second? GIFFIN: Correct. ARAI: Okay, thank you. GIFFIN: I think that's clearer. Do I hear a motion? Brandi, you have a question? 23 BEAUDET: I'm a little confused as to what is indicated on the agenda as rezoning application 12- 157 and SLU 12 -35. GIFFIN: SLU 12 -035 is what I'm talking about right now; it's a State Land Use boundary amendment and it would be a recommendation, either favorable or unfavorable, to the County Council. The change of zone, which is not what I'm entertaining at this minute, is something that we would be — hang on. BEAUDET: So we are not combining both applications then. GIFFIN: No, no. It's been my understanding that we always took these separately, correct? Director? LEITHEAD TODD: Yes, we always vote on these separately, because they are basically two different items: One is a State Land Use classification, and the other is County zoning. And as with all of these types of matters, the Commission makes a recommendation. And whether the recommendation is favorable or unfavorable, the matters advance to the County Council with the recommendation at which point the County Council then determines whether they will approve or not approve both of these applications. ARAI: Madam Chairwoman. And maybe I can clarify. I think the reason Commissioner Beaudet may be confused is because I realized that I failed to put the docket No. for this application on the agenda, and my apologies for that. Because I think he is trying to make a motion and he is trying to make reference to a particular docket. The docket for the SLU is 12 -35 just for reference. GIFFIN: Right, right. So -. BEAUDET: So with that -. GIFFIN: Thank you, Brandi. BEAUDET: In regard to State Land Use Boundary amendment, SLU 12 -35, I move to forward a favorable recommendation for the State Land Use boundary amendment application to be forwarded to the County Council. GIFFIN: Do I hear a second? HICKCOX: Second. GIFFIN: It's been moved by Commissioner Beaudet and seconded by Commissioner Hickcox that we send a favorable recommendation for the State Land Use boundary amendment, SLU 12 -35, to the County Council. Discussion? Director. LEITHEAD TODD: Could I get a clarification from corporation counsel as to the agenda as posted? Item No. 1 references REZ 12 -157; it does not specifically reference SLU 12 -35. However, the description under that of that agenda item does note that these are "applications for a State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone from Agricultural 5 -acres (A -5a) to Village Commercial - 20,000 square feet (CV -20) for approximately 24 14.622 acres." And I guess I just want to make sure and clarify that the description, which describes the two actions, is sufficient for purposes of this agenda item. GIFFIN: Mr. Torigoe? TORIGOE: Thank you, Madam Chairwoman. As the Planning Director noted, I think there is an issue, and, you know, I cannot tell you with one hundred percent certainty that this would not be something that a court would consider a defect. I think when you look at what is written here, it clearly does state that there is a State Land Use boundary amendment; so if anyone were to look at this agenda item in the public and notice that — but it does identify the particular property, it does identify that there is a State Land Use boundary amendment here, and it identifies the applicant, etc. — so if someone in the public were to look at this agenda item, they would certainly be on notice that there is at least a rezoning that is an issue, and if they continued reading, then they would notice that there is a State Land Use boundary amendment here. So I think more likely than not it's okay; but there is an issue. GIFFIN: Director. LEITHEAD TODD: Mr. Torigoe, I was also thinking that because this is basically a recommendation that -. If this was a final action like an SMA and we neglected to have the SMA in the title, I would be more concerned because it would be a final action. But since this is essentially a recommendation and there are at least three more opportunities for the public to appear in front of the County Council and testify as to these matters, I'm less concerned about the failure to specifically reference the SLU 12 -35, and especially since it is described. But I just wanted to have that discussion on the record and point it out, because it is an issue, the fact that it was not in the title of that agenda item. GIFFIN: Mr. Torigoe. TORIGOE: Right, well, so yeah, that issue is certainly on the record now. I think if there is any more particular concerns or pros and cons or, you know, potential for this to be considered to be defective, then that should be done in executive session. GIFFIN: So, is there any motion by the Commissioners to go into executive session at this point to further discuss this issue? Or do you feel comfortable? BOWMAN: I'm fine. GIFFIN: Fine. Hearing none, let me reiterate: It's been moved by Commissioner Beaudet and seconded by Commissioner Hickcox that we send a favorable recommendation for the State Land Use boundary amendment, the application No. is SLU 12 -35, to the County Council. Any discussion further? Hearing none, Daryn? ARAI: Commissioner Beaudet? BEAUDET: Aye. ARAI: I'm sorry, Madam Chair, I lost track of who made the second. 25 GIFFIN: Hickcox. ARAI: I'm sorry. My apologies. Commissioner Hickcox? HICKCOX: Aye. ARAI: Commissioner Bowman? BOWMAN: No. ARAI: Commissioner Nelson? NELSON: Aye. ARAI: Commissioner Whittemore? WHr1- 1EMORE: Aye. ARAI: Madam Chairwoman? GIFFIN: Aye. ARAI: Madam Chairwoman, motion carries with five aye votes, one nay. GIFFIN: Thank you. So that was in reference to the State Land Use boundary amendment, SLU 12 -35. Also, the second matter on this agenda item is a change of zone application, 12 -157. I would like to hear a motion regarding this application. And remember this one is a whole a lot more complex in terms of the conditions of approval. Any discussion? Commissioner Beaudet. BEAUDET: For change of zone application, REZ 12 -157, I would like, I move for a favorable recommendation for change of zone request be forwarded to the County Council along with the conditions as stated in addition to revised Condition I and new Condition J, along with a new Condition K for changes recommended by Department of Public Works. GIPPIN: Okay, I'll rephrase that slightly. But do I hear a second? NELSON: Second. GIFFIN: It's been moved by Commissioner Beaudet and seconded by Commissioner Nelson that a favorable recommendation for the Change of Zone request, 12 -157, a favorable request be forwarded to the County Council, along with the conditions as stated by the Planning Director that include in addition to a new Condition I, a new Condition J, and in J, which would then become Condition K, and then subsequently re- alphabetized from there, to include also, as recommended in the Department of Public Works' memo dated October 4, 2012. Daryn, I think I got them all, I'm not sure. ARAI: Okay, yeah, just, I believe you did, just to clarify, it is an amendment to the existing Condition I as originally recommended by the Director, and a new Condition J as proposed by the 26 Director, and an amendment to the new re- alphabetized Condition K regarding the flood study. So with that, I'm ready for the roll. GIFFIN: Okay. ARAI: Commissioner Beaudet? BEAUDET: Aye. ARAI: Commissioner Nelson? NELSON: Aye. ARAI: Commissioner Bowman? BOWMAN: No. ARAI: Commissioner Hickcox? HICKCOX: Aye. ARAI: Commissioner Whittemore? WHTITEMORE: Aye. ARAI: Madam Chairwoman? GIFFIN: Aye. ARAI: Madam Chairwoman, motion carries with five aye votes, one nay. GIFFIN: Thank you. And thank you, members of the public. The discussion ended at 11:25 a.m. Respectfully submitted, 27 Noriko Sauer, Secre ary Leeward Planning Commission