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HomeMy WebLinkAboutCOM 0064.000 2014-2016William P. Kenoi Mayor County of H awa i i Walter K.M. Lau Managing Director Randall M. Kurohara Deputy Managing Director Office of the Mayor 25 Aupuni Street, Suite 2603 • Hilo, Hawaii 96720 • (808) 961 -8211 • Fax (808) 961 -6553 KONA: 74 -5044 Ane Keohokalole Hwy., Bldg. C • Kailua -Kona, Hawaii 96740 (808) 323-4444 • Fax(808)323 -4440 December 11, 2014 Dru Kanuha, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Kanuha and Members: SUBJECT: Change of Zone Application (REZ 14- 000179) Applicant: Orchid Isle Auto Center Request: A -la to CV -10 for a 1.002 -Acre Parcel Tax Map Key: 7- 6- 013:017 COUNTY CLERK COUNTY OF HAWAIII RECEIVED Time By By Date , As required by Chapter 7, Sec. 6 -7.5 (a), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Leeward Planning Commission's letter and enclosures regarding the above - referenced request. William P. Kenoi Mayor Enclosures cc: Planning Department MTransCouncilOrchidisleautocenterREZ 14 -179 County of Hawaii is an Equal Opportunity Provider and Employer Comm. No. 4 Ref. To: Ref. Date -DEC 3 o 7Fl14 County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961 -8288 • Fax (808) 961 -8742 December 11, 2014 Dru Kanuha, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Kanuha and Council Members: Change of Zone Application (REZ 14- 000179) Applicant: Orchid Isle Auto Center Request: A -la to CV -10 for a 1.002 -Acre Parcel Tax Map Key: 7- 6- 013:017 The Leeward Planning Commission, at its duly held public hearing on November 20, 2014, recommended for your approval the proposed legislative bill for a Change of Zone from an Agricultural 1 -acre (A -1 a) to Village Commercial- 10,000 square feet (CV -10) for approximately 1.002 acre of land located immediately adjacent to the north of the Orchid Isle Auto Center that is located at the northeastern corner of Kuakini Highway and Lako Street intersection, Holualoa 1St and 2nd, North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant is requesting a change of zone from an Agricultural 1 -acre (A -la) to a Village Commercial - 10,000 square foot (CV -10) zoning district in order in order to develop automobile storage and employee parking to support the existing auto sales known as Orchid Isle Auto Center situated on the adjoining property to the south. There have been modest paving improvements to the grounds, which has periodically been Hawai `i County is an Equal Opportunity Provider and Employer Dru Kanuha, Council Chair and Members of the County Council Page 2 utilized for parking and interim auto storage use. The applicant plans to make further non - structural improvements to the site, including some landscaping if required, which are estimated to cost less than $50,000. 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 -la to a CV -10 zoning district would result in a more appropriate land use pattern that that will further the public necessity and convenience and general welfare, is consistent with the applicable goals, policies and standards of the General Plan, and is consistent with the Kona Community Development Plan. The request to change the zoning district from agricultural to commercial would result in a more appropriate land use pattern for the property as it will provide support to the existing Orchid Isle Auto Center business by providing a much needed employee parking area as well as increased automobile storage area. The property is located within the Kona Urban Area (KUA) in Holualoa near the intersection of Kuakini Highway and Lako Street and is approximately one acre in size. It is adjacent to the Orchid Isle Auto Center property, which is zoned CV -10. The property is also located within the State Land Use Urban District. The land uses in the area are mainly residential but there are commercial uses directly south of the subject property, including the Orchid Isle Auto Center property and other commercial properties further south across Lako Street. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. Dru Kanuha, Council Chair and Members of the County Council Page 3 The request conforms to the goals, policies and standards of the General Plan in that the proposed development will be developed in an area adequately served by necessary services such as transportation systems, water and utilities, and is located in an area identified for commercial uses. The Land Use Pattern Allocation Guide ( LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The request to change the zoning to a CV -10 district conforms to the LUPAG Map, which has been determined to be within the Medium Density Urban designation. Such designation allows village and neighborhood commercial uses and single - family and multiple - family residential uses and related functions, up to 35 units per acre. In addition to being consistent with the LUPAG Map, the request would also support the following goals and policies of the General Plan Land Use and Economic elements: • Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. • Encourage the concentration of commercial uses within and surrounding a central core area. • The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. The Kona Community Development Plan was adopted by the Hawaii County Council by Ordinance No. 08 -131 on September 25, 2008. The property falls within the Kona Urban Area (KUA) but not within a Transit- Oriented Development (TOD) or Concurrency Zone as identified within the Kona Community Development Plan. The proposed request is consistent with Policy LU -2.8 (Development Outside Transit - Oriented Developments (TODs), but within the Kona Urban Area) as an infill rezoning project. Policy LU -2.8 2 ii (Rezoning Infill) states that "Rezonings that promote infill are encouraged. The concept of infill is to connect two or more pre- existing developments. Infill is usually associated with small scale developments of 20 acres or less that have been leapfrogged by the surrounding or adjacent developments. Infill rezonings should be conditioned to ensure connectivity to the surrounding Dru Kanuha, Council Chair and Members of the County Council Page 4 developments..." This rezoning request is to support the existing development to the south (Orchid Isle Auto Center). A condition of approval will be added requiring the applicant to consolidate the property with the existing adjoining commercial Orchid Isle Auto Center property to further ensure connectivity. Based on the above discussion, it has been determined that the proposed change of zone request from an A -la to a CV -10 zoning district would result in a more appropriate land use pattern that that will further the public necessity and convenience and general welfare, that the request is consistent with the applicable goals, policies and standards of the General Plan, and is consistent with the Kona Community Development Plan. For your favorable consideration, an amendment to Section 25 -8 -3 (North Kona District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code is transmitted. We are enclosing copies of the staff Background, Planning Director's Recommendation, Powerpoint presentation and the transcript of the hearing for your information. Sincerely, Brandi K. Beaudet, Chairman Leeward Planning Commission LOrchidisleautorez 14- 1791pc2 Enclosures cc: Orchid Isle Auto Center Sidney M. Fuke, Planning Consultant Department of Public Works Department of Water Supply Department of Land & Natural Resources -HPD William Brilhante, Esq., Corporation Counsel Planning Department - Kona B0rchid1s1eAutoREZ.jwd 11/13/14 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT ORCHID ISLE AUTO CENTER CHANGE OF ZONE APPLICATION (REZ 14- 000179) ORCHID ISLE AUTO CENTER has submitted an application for a Change of Zone from Agricultural 1 -acre (A -la) to Village Commercial- 10,000 square feet (CV -10) for approximately 1.002 acre of land. The property is situated immediately adjacent to the north of the Orchid Isle Auto Center property that is located at the northeastern corner of Kuakini Highway and Lako Street intersection, Holualoa 1St and 2nd, North Kona, Hawaii, TMK: 7 -6 -013: 017. PROPOSED ACTION 1. Applicant's Request: The applicant is requesting a change of zone from A -la to CV -10 for approximately 1.002 acres of land. (Planning Department Exhibit 1- Change of Zone Application) 2. Proposed Development: The applicant is requesting a change of zone in order to develop automobile storage and employee parking to support the existing auto sales known as Orchid Isle Auto Center situated on the adjoining property to the south. 3. Project Costs: According to the applicant, there have been modest improvements to the grounds and the property has been periodically utilized for parking and interim auto storage use. If the rezoning is approved, the applicant plans to make further non- structural improvements to the site, including some landscaping if required. Costs are estimated at less than $50,000. 4. Final Environmental Assessment: The property was originally acquired by the County as a site for the Kailua Fire Station. Kailua Fire Station was built instead on Palani Road in 1973. In July of 2005, the County Council approved a resolution authorizing the sale of the subject property as it was no longer needed for a fire station. The applicant subsequently purchased the subject site at a public auction in June of 2007. Prior to the sale of the property, an environmental assessment was conducted by Geometrician Associates LLC for the County of Hawaii Department of Finance as required by HRS Chapter 343 for the sale (use) of County Land. Landowner: Inter Pacific Motors, Inc. Re: Bill 18 /Comm. 64 STATE AND COUNTY PLANS 6. State Land Use District: Urban. 7. General Plan Designation: Medium Density Urban. The applicant submitted a request for a General Plan LUPAG designation. After a thorough review, the Planning Director determined that the subject property is located within the medium density urban designation. (Planning Department Exhibit 2 Applicant's Letter Dated July 21, 2014 and Planning Department's Response Letter Dated August 5, 2014) 8. County Zoning: Agricultural —1 acre (A -la). 9. Kona Community Development Plan (CDP): The Kona Community Development Plan, adopted by the Hawaii County Council by Ordinance No. 08 -131 on September 25, 2008, identifies the property within the "Kona Urban Area" and outside of the identified Concurrency Zones. 10. Special Management Area: The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is not located within the Special Management Area. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 11. Subject Property: The subject property is roughly triangular in shape and is approximately 1 acre in size. The property has approximately 285 feet of frontage along Kuakini Highway but because of the steep topography, there is no direct access to the highway. Currently, a majority of the property has been paved and has been used mainly for parking for employees of Orchid Isle Auto Center, which is the adjoining property to the south. There are no structures on the property. 12. Surrounding Zoning/Land Uses: Surrounding properties are zoned Village Commercial (CV -10), Single- Family Residential (RS -10 and RS -15) and Agricultural (A -5a). Land uses to the east, west and south consist mainly of single - family dwellings within the Kilohana Kai, Kona Vistas, Kulani Sunset and Kona Sea View Subdivisions. To the north is a larger vacant property zoned A -5a. The adjoining property to the south is the Orchid Isle Auto Center. Further south across Lako Street is a gas station and a car dealership. 13. Land Study Bureau Soil Rating: "E" or Very Poor. -2- 14. Agricultural Lands of Importance to the State of Hawaii (ALISH) Map: Unclassified. 15. Flood Zone: The subject property is located in an area designated Zone 'W', an area determined by FEMA to be outside the 500 -year flood plain. 16. Flora/Faunal Resources: A flora and faunal survey was previously conducted in preparation of the environmental assessment (EA) for the sale of the property. Based on the information provided within the EA, it was unlikely that any endangered or threatened flora and faunal resources were present on the property. 17. Historical/Archaeological Resources: An archaeological survey and cultural review was previously conducted in preparation of the environmental assessment (EA) for the sale of the property. The archaeological survey identified three (3) archaeological sites, which were determined to be important for their information content only and were recorded. Once they were recorded, they were no longer deemed significant. The Department of Land and Natural Resources — State Historic Preservation Division (DLNR -SHPD) concurred and concluded that no further archaeological work or review was necessary. Additionally, DLNR -SHPD submitted a letter dated September 2, 2014 stating the "no historic properties will be affected by this proposed project." 18. Valued Cultural Resources: The EA for the sale of the property also reviewed possible cultural impacts and concluded "As no resources or practices of potential traditional nature (i.e., landform, vegetation, etc.) appear to be present on or near the sale property, and there is no evidence of any traditional gathering uses or other cultural practices, it appears likely that the ... use of the property would not have adverse cultural impacts." 19. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. PUBLIC UTILITIES AND SERVICES 20. Access: The legal access to the subject property is from Walua Road, which is County- owned but not constructed or maintained in this area. If the change of zone request is approved, access will continue through the adjoining Orchid Isle Auto Center property. According to the applicant, if needed, a formal access through the auto center can be provided. Additionally, if direct access from Walua Road is desired, the needed portion of Walua Road would be improved. -3- 21. Water: County water is available to the property from an existing 12 -inch waterline fronting Kuakini Highway or from an existing 8 -inch waterline along Lako Street. According to the applicant, there is no need for potable water for the parking lot. 22. Wastewater: According to the applicant, there is no wastewater demand currently for the use of the subject site. In the future if a wastewater system is needed, the applicant will comply with the requirements of the Department of Health. 23. Solid Waste: Solid waste will be disposed of at an authorized landfill by commercial haulers. 24. Essential Utilities and Services: Telephone, electrical services and emergency services are available to the property. AGENCIES' AND ORGANIZATIONS' COMMENTS 25. Department of Public Works: (P.D. Exhibit 3 — August 28, 2014 Memo) 26. Department of Water Supply: (P.D. Exhibit 4 — September 3, 2014 Memo) 27. Department of Environmental Management: (P.D. Exhibit 5 — August 4 & 14, 2014 Memos) 28. Police Department: (P.D. Exhibit 6 — August 21, 2014 Memo) 29. Department of Land and Natural Resources - State Historic Preservation Division: (P.D. Exhibit 7 — September 2, 2014 Letter) 30. Department of Land and Natural Resources (DLNR)- Land Division: (P.D. Exhibit 8 — September 3, 2014 Letter) 31. Department of Health: (P.D. Exhibit 9 — August 26, 2014 Memo) 32. Department of Transportation: (P.D. Exhibit 10 — September 10, 2014 Letter) AGENCIES - NO RESPONSE 33. Fire Department. APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 34. The applicant has submitted several letters in response to governmental agency comments. (P.D. Exhibit 11— August 26, September 4 & 8, 2014 Letters) PUBLIC COMMENTS 35. As of the date of this writing, the Planning Department has not received any objections from the general public or adjacent landowners on the subject application. -4- APPLICATION FOR COUNTY REZONING (A -la TO CV -10) ORCHID ISLE AUTO CENTER Holualoa lst and 2nd, North Kona, Hawaii TMK: (3) 7 -6 -013: 017 Prepared For: Orchid Isle Auto Center Prepared By: Sidney M. Fuke, Planning Consultant July 2014 Planning ept. Exhibit *�1. CHANGE OF ZONE APPLICATION APPLICANT: APPLICANT'S SIGNA' ADDRESS: P.O. COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) DATE:7/5/14 LIST APPLICANT'S INTEREST IF NOT OWNER: Owner of Orchid Isle Auto Center LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: Joseph Hanley, Jr. PHONE:(Bus.) (808) 935 -1191 (Res.) (Fax) LANDOWNER(S): Inter Pacific M-olors. Inc. LANDOWNER SIGNATURE(S): DATE: /7/5/14 (May b y letter) LANDOWNER(S) ADDRESS: P.O. Box 4397 Hil HI 96720 REQUEST: A -la5 TO CV -10 (Existing zoning) (Proposed Zoning) TAX MAP KEY: 7 -6 -013: 017 STREET ADDRESS OF PROPERTY: 76 -6321 Kuakini Hi ]way SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 1.002 acres AGENT: Sidney M Fuke Planning Consultant 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 Fuke COPIES: Joseph Hanley, Jr. I Commercial, RM, Resort, & Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1, if your request is approved, do you intend to subdivide the subject land in accordance with the approved change of .zone? No If yes, please answer the rest of question I 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: a. Sell or lease the land to someone who has firm plans? Nos b. Sell or lease the land to someone who has tentative plans? No C. Sell or lease the land to someone who has no plans? No Cl- Keep it? Yes e. other (please state) Consolidate subject parcel with adjoining parcel 0 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. The applicant intends to use the site for employee parldng and auto storage area 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. . Please refer to planning and environmental report. 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. -2- 5. Have you performed any study which discusses the environmental impacts your request would nave on the surrounding area and /or the County? Yes If so, please elaborate on your findings in the space provided below. Please refer to accompanying planning and environmental report 6. Are there any buildings on the subject area? No 7. If so, what kind? The land is vacant. 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? No if so, please list the kinds of products grown on and how many square feet or acres of land per product? -3- 8. 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? Is the road adequate for the proposed traffic volume or load? 10. What sort of governmental assistance and /or improvements do you feel will be needed in the subject area when developed? a. Schools b. Roads C . Sewer d. Drainage e. Police Protection f. Fire Protection g, Recreational Facilities h. Recreational Facilities i. -4- yes No LM Yes x NO x x x x x x x x 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 see environmental report. . 6338A/50A P n IPA Signature: Address: P.O. Box 4397 1h1o, 96720 Telephone: 935 -1191 Date: July 6, 2014 -5- COUNTY ENVIRONMENTAL REPORT APPLICATION FOR COUNTY REZONING (A -1a to CV -10) ORCHID ISLE AUTO CENTER HOLUALOA 1ST and 2 "d, NORTH KONA, HAWAII TAX MAP KEY: (3) 7 -6 -013: 017 I. INTRODUCTION Orchid Isle Auto Center ( "Applicant ") wishes to rezone a 1.002 acre land, identified by TMK: (3) 7 -6 -013: 017, into the Village Commercial (CV -10) district. The purpose of this request is to use this area for automobile storage and employee parking to support the existing auto sales known as Orchid Isle Auto Center situated on an adjoining property. I1. PROJECT LOCATION The subject area, consisting of approximately 1.0 acre, is located on the mauka side of Kuakini Highway, north of its intersection with Lako Street The Applicant's auto dealership (Orchid Isle Auto Center) is situated adjacent and south of the subject site. It is situated in the land division of Holualoa 1St and 2nd in North Kona and is identified by TMK: (3) 7 -6 -013: 017. (Figures 1 and 2). Ill. PROJECT DESCRIPTION A. Project Concept In July 2005, the County Council approved a resolution authorizing the sale of the subject site, as it was no longer needed for a fire station site. The Applicant subsequently purchased the subject site at a public auction in June 2007. As an adjoining property owner, the Applicant sought to integrate the subject site with its existing auto sales operation. Specifically, it would be used for the temporary storage of new and used vehicles as well as to accommodate the parking needs of its employees and, on limited occasions, customers. (Figure 3) While legal access is available from Walua Road, for the purpose of the Applicant's needs, access would be from its existing auto center situated on TMK: 7 -6 -013: 035. Should the subject site be used in a manner that would be independent of the auto center, either the appropriate access easement document can be developed or a small ' a Keop "i uXeights aN'G�dO d KAILUA -KONA °jam VG ing Ctr rl Mohala a bd ° e_ Pillage �S o 5 0 kaP elar" i$ � � lan'DT 0 Nlafu(ani ea b Gardens l ti' %.. Heights 2�, ` rd ti t a E• eaa V. alma `� �. zW Ana $�` ate. Dr K r . Y. plop. gaWeDa yl ICa1c hagon w� 4 a` . • d o Sava �y ,y l _ Oha i ai Est. . auea Christ_ u gtgtt'c9 at SG o. oe i r . c - ailna ! � : O � c�.•d " 'dr Pl 49.•0 • ° '�Lr ��� aD o 7e a rani Z '' w ` o-i lr�L;y9i plohaK °n e� g c^ A w -° . �zc w d w p �P Hualalai LC*a WY w: - .. 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''G ¢oy,G jla•y �e try' •. .biil' a Ig.Seatiew P4lms rr, O %aniana I�r �@ Sao ° s e X9. Kona Sunset YIIas \. i Trees 20. BaliNanea . 'S. .• .tl 37,p1 'a1: Ff' °��` c y �' �V"• -.��. r�, �tcd°. .napalms . •aiaeE d ^off. o _� O rte, S tS w $eaVlOW 10 aWODa -L��ch '�• 41 - �y � �, �. co. W _-� �S•, ' R' P: Soria' y1 _ SKeakealaniwaltint o i iz Y3. �' 73 >C Aloha. �- , `>0n> o ff; `. Complex Site (historic) d oe nl G states at d i OT C eP r m Y4.Y5. Set ' et . olualoa 'PI . 'j{J�' ��,. - - - . w•¢ del,Po! � ''`�(tt`Dt on Ooh �o cAdlarc Kona 19181716. l� o 4� Y� rF 78 -6348 Sea Kew Ciicle o• �Ci r f .,' . G� CoKaa w� r o � . � a°%• a � 2 Y O �� uh Ha'omalu on AaTPit Kala ni 1N1 0 �1 c-0 The Pins 0 5o"° Vyy S. n +, Fizure 1 ` ` /- /� Subject Prop. At4l Op. 9fU Zfp1 II \ �5 i O o0 9 6 J Z� �N N w� ,b Fimure 3 r1 0 0 t v N � y' 1 1 r } n L m g Y x portion of Walua Road could be improved, as access is not permitted from Kuakini Highway. B. Proiect Timetable and Cost It should be noted that the Applicant has already made modest improvements to the grounds and have periodically utilized the area for the proposed parking and interim auto storage use. However, should this rezoning be approved by early 2015, the Applicant plans to make further non - structural improvements to the site, including some landscaping, if required. The cost of these improvements is estimated at less than $50, 000. IV. ENVIRONMENTAL CONSIDERATIONS A. General Description The subject site is slightly triangular in shape, with its longest sides fronting Kuakini Highway (399 +/- feet) and Walua Road (367 + /- feet) and the shortest (275+ feet) adjacent*to the Applicant's property to the south. The site slopes slightly in an easterly (mauka) to westerly makai direction with no significant undulations. The site is vacant of any structures. It has been used in the past for pastoral purposes until its acquisition, where the Applicant has used it periodically for employee and on certain occasions customer parking and interim, overflow storage of new and used vehicles. B. Climate, Soil and Topography. At approximately the 320 -foot elevation level, the site is located about 2 miles from the ocean. The average annual rainfall is 45 inches. The average annual temperature ranges between 74 to 84 degrees Fahrenheit, with occasional higher and lower ranges during certain periods such as summer or winter months. The prevailing wind patterns in the area are often light and variable, dominated by tradewinds (easterly) during the day and westerly or mountain winds during the evenings. The Natural Resources Conservation Service (formerly Soil Conservation Service) classified the soil as Punalu'u extremely rocky peat, characterized by thin organic soil over pahoehoe. This type of soil is rapidly permeable, with slow runoff and slight erosion hazard. This type of soil is suitable for woodland, pasture, range or wildlife. The Land Study Bureau Overall Master Productivity Rating of this area is E (E285) or very poor. The soil series is described as Pakini and Waiaha over pahoehoe. This type of soil has very poor potential for intensive agricultu,al activity. It is characterized by shallow, medium - textured soil. It is well drained and unsuited for machine tillability. The project site is unclassified under the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system. This classification does not recognize this site as being agriculturally important. C. Natural Hazards 1. Drainage The Federal Flood Insurance Rate Map (FIRM) identifies the subject site to be within Zone X (areas outside of 500 -year flood). There are no existing drainage ways on the site. 2. Tsunami Hazard Given its elevation (320 + /- feet) and distance from the nearest shoreline (2 +/- 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 According to the United States Geological Survey maps, the project site is located within Lava Flow Hazard Zone 4, on a scale of ascending risks 9 to 1. The entire City of Hilo falls in the Zone 3 category. There is very little that can be done to protect structures and improvements on the site from lava flows. Like all residents, the reliance would be on the evacuation system provided by the County. The Building Code designates the entire island of Hawaii with a Seismic Probability Rating (Earthquake) Zone 4 and contains certain structural requirements to address the relative seismic hazard. Should there be any structures constructed on the site, they will be built in compliance with the prevailing code. D. Flora Resources In conjunction with the sale of the subject property, a Chapter 343 Environmental Assessment ( "EA ") was prepared in 2006. The EA included a walk- through biological survey of the site. The survey observed alien species such as the kiawe (Prosopis pallid), koa haole (Leucaena leucocephala), guinea grass (Panicum maximum), and pigweed (Portulaca oleracea). All of these are alien or introduced plants which can also be found in similar areas in the Kona area. None of these were considered threatened or endangered by the US Fish and Wildlife Service. Thus, it can be reasonably argued that development of this area is not expected to have a significant negative impact on the botanical resources. E. Faunal Resources Due the relatively developed state of this area, the faunal resources should be wide- ranging aliens that are typical of this area. This includes bird species such as the Spotted Dove, Japanese White -eye, 'House Finch, Cardinal, Common Myna, and the like. Domestic animals such as cats and dogs, and other animals like rats and mongoose are also common. None of these are endangered animals. The EA did note that endangered Hawaiian Hawk or'l'o may hunt in the Kailua -Kona area, as well as certain native seabirds may fly over the site. It added that "it is unlikely that any with threatened or endangered status would find the site suitable habitat." Given the above, the EA concluded that "no adverse impacts to biological resources would occur as a result of clearing and improvements ... of the properly." F. Archaeological Resources An archaeological study was done by Rechtman Consulting, Inc. in conjunction with the EA. This study identified 3 archaeological sites. All of these were core - filled walls built either in the early or mid- 1900's. These sites were determined important for their information content only and since they were recorded, no longer deemed significant. The State Historic Preservation Division in a letter, dated September 28, 2006, concurred and concluded that "no further archaeological work or review" was necessary. Notwithstanding the above, during the course of further improvements to the site, should any unanticipated archaeological features or sites be uncovered, work will cease and the applicant will immediately notify the Planning Department. 4 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, as noted in the floral and faunal analysis, there are no known rare or endangered plants or animal life. The Applicant has not observed any native Hawaiians gathering plants within or proximate to the subject site. As such, it would appear very unlikely that the site would serve such purpose today and /or in the recent past. Nonetheless, if legitimate claims are made, the Applicant will make the appropriate access accommodations. Furthermore, in the event inadvertent discoveries are made while improving the site, appropriate protocols will be taken. These include stopping work and making contacts and determining appropriate courses of action with the State Historic Preservation Division. The EA made similar conclusions. Specifically, it concluded that "As no resources or practices of potential traditional cultural nature (i.e., landform, vegetation, etc.) appear to be present on or near the sale property, and there is no evidence of any traditional gathering uses or other cultural practices, it appears likely that the ... use of the property would not have adverse cultural impacts." 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 about 2 miles from the coastline. As such, coastal impacts resulting from discharge of drainage systems from the site should not be significant. Being a non - coastal property, no coastal access will be affected. Any expanded use of the property will comply with the requirements of the State Department of Health relative to wastewater systems. This may include the installation of a septic system. In that event, there should be further protection of the groundwater or nearshore water impacts resulting from this project. I. Noise, Air Quality, and Dust Generally, air quality is affected by regional and local climates as well as the amount and type of human activity in a given location. No large, stationery sources of air pollutants and no major industries are located within the project area. Air quality in the vicinity is most affected by emissions from natural and vehicular sources. Existing ambient noise in this area includes wind, foliage and traffic along the existing streets, particularly Kuakini Highway. Although the project may slightly increase traffic in the area, it is not expected to generate significant levels of air pollutants as only discernible air quality would be associated with traffic to and from the site. The proposed development should not generate any direct air impacts. As the project itself is not expected to generate adverse air pollutants, the only 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. Relative to any new structural construction (which at this point in time the Applicant has none), there may be short-term noise impacts during the construction phase. To mitigate this impact, all construction activity will be limited to daylight hours and weekdays. Contractors will be required to comply with established State Department of Health guidelines and standards relating to noise and emission controls. Given the existing ambient noise and existing urban environment, the proposed request would not have a significant noise impact to surrounding properties. 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 coast and Hualalai Mountain are indirectly referenced. From a viewplane perspective, the subject site is situated mauka of the Kuakini Highway and thus somewhat visible from that Road. As such, any development of the site will generate some measure of visual impact. However, there are some mitigating factors. The views of Hualalai Mountain would not be adversely impacted from Kuakini Highway, as the site is already elevated from the Highway, thus making it difficult to see the flat of the property. Furthermore, the views of Hualalai are more at a distance rather than up close. Notwithstanding those circumstances, the height of any proposed structures will be no taller than 25 feet, which is less than the maximum of 45 feet allowed within the current A -1 a zone. As such, while any new structure will be visible, its visual impact should not be overly pronounced. V. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The surrounding land uses in this area are a mixture of low to moderately dense residential and commercial uses. There are residential subdivisions located generally makai and mauka of the Kuakini Highway. These include residential subdivisions such as Kahakai Estates on the makai of Kuakini Highway as well as the Kona Vista Subdivision on the mauka side. Much of the residential uses occurred subsequent to the establishment of the auto center. There are commercial activities such as the Applicant's auto dealership as well as other uses south of Lako Street. Although the auto center indirectly services the agricultural community, there is no active agricultural activity on the property or even on the adjoining properties. Given the existing and zoned conditions, the proposed CV zoning would not be incongruous with the existing and evolving mixture of commercial /residential pattern of this area. B. Economic Impacts The requested zoning would have some measure of direct economic impact. From a short-term standpoint, there would be some modest construction impact for improvements to the property. More so and from a long -term impact, it would provide much needed supportive use for the auto dealership., In so doing, it would help stabilize the Applicant's business activity. The proposed commercial zoning would also increase the tax revenues to the County, as opposed to the current agricultural zoning. C. Agricultural Impacts As noted earlier, the site and surrounding area have not been intensively used for agriculture in the recent past. Given its soil classification of "E ", intensive agricultural activity may be absent here. This type of soil condition is common in this area and the development should not result in the removal of significant agricultural properties. VI. INFRASTRUCTURE CONSIDERATIONS A. Road The legal access to the subject site is from the County -owned but not maintained Walua Road. This road is relatively unimproved and has no vehicular use. If anything, it has been used infrequently as a walking trail. If this request is approved, the Applicant intends to continue with the current means of access. This is through the auto center. A formal access easement may also be provided. In the event direct access from Walua Road is desired, that needed portion of Walua Road would be improved. Given the projected use of this site (employee and customer parking and interim or temporary vehicular storage), the traffic generation should be no different than what it is today. The intended use of this site is to make the existing operation more efficient and comfortable and not inherently expand it. It would also eliminate the use of parking along Lako Street by some of its employees. As such, it is concluded that the traffic impacts will be the same and definitely less than the 50 peak day movement threshold required for a TZAR. B. Water For the Applicant's immediate purpose, there is no need for potable water. However, please note that there is an existing County water line fronting the adjoining property owned by the Applicant. While unlikely, if additional water is needed to service this site, the water line can be extended along Walua Road. Alternatively, an easement can be secured through the Applicant's site and the appropriate "out of bounds" agreement executed with the Department of Water Supply. C. Wastewater Likewise, there should be no wastewater demand for the use of the subject site. Nevertheless, if one is needed, a septic system can be installed meeting with the requirements of the State Department of Health. D. Solid Waste Solid waste, as is currently being done for the Applicant's business, will be handled by commercial haulers who will dispose of the refuse at the County approved landfill at Pu'uanahulu. Again, given the proposed parking lot use, there should be little, if any, waste generation. 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 stations at Kealakehe located less than 3 miles from the site.and Captain Cook in South Kona. Within 5 miles from the site, there are 3 fire stations. These would be at Kailua -Kona, Kealakehe, and Pu'uloa. There is also another station at Captain Cook. Emergency medical and paramedical services are also provided from these stations. The Kona Community Hospital at Kealakekua is located approximately 7 miles from the site and is managed by the West Hawaii Regional Board of the State Health System Corporation. This facility is one of 5 licensed hospitals on the island. As this is a commercial project designed to support an existing business, there should be no demand for school or park system. Notwithstanding that fact, it is noted that the site is proximate to the Kealakehe (K -12) School complex. There is also the Kahakai Elementary School ocated within 2 miles of the subject side. There is also a public park within the Pualani Estates Subdivision; there are also public parks within a 3 -mile radius. Additionally, the applicant intends to have about a 1.25 -acre of passive park area within the project that would also serve as a drainageway. Given the project location, no extension of government services would be required. Further, the existing facilities should be sufficient to accommodate any, if at all, demand expected from this project F. Other Utilities All other utilities such as telephone, cable, and electrical services are available to the site. VII. INSTITUTIONAL AND REGULATORY CONSIDERATIONS A. State Land Use The subject property is designated Urban. As such, a State Land Use boundary amendment to cover the requested CV -10 zone would not be required. B. 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 well -being for individuals and families that nourishes a sense of community responsibility and caring of participation in family life. Discussion The proposed rezoning and parking and interim auto storage use would achieve these goals. It would enable an existing enterprise to accommodate its current needs in a more economical and efficient manner, thus providing the enterprise with a more prolonged operational stability. Such stability can increase opportunity for sustained employment. Additionally, with a stronger company and sustained employment, it would contribute to the island's overall tax base and hence, increase 10 both State and County revenues; and complement and support other economic uses — particularly the surrounding and evolving mixture of uses - and, in turn, contribute to the stability, diversity, and growth of local and regional economies. This maintenance of 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. Impacts to the surrounding areas would also not be significantly adverse. All required infrastructures are or will be in place by the applicant prior to occupancy of any portion of the project. These include a private wastewater and possibly upgraded 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 commercial properties. C. County General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the subject site and surrounding area Medium Density. Based on this 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 County zoning and planned uses would be consistent with the uses envisioned within the Medium Density area. As such, no General Plan amendment would be required to effectuate this project. The request would also be consistent with the General Plan goals, policies and objective. Specifically, the more pertinent ones follow: Economic Element Goals • Provide residents with opportunities to improve their quality of life. 11 • 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 12 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 d- velopments 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 As the residential areas of North Kona continue to grow, there will be a need to accommodate the various communities' commercial retail and office needs. The proposed zoning is adjacent to an existing and well - established auto sales establishment. The rezoning is intended to supplement the employee parking needs and interim auto storage needs of the establishment. The subject site also fulfills other policies and standards articulated in the General Plan. The site is already and will be serviced by adequate infrastructure. The County water line is or can be readily made available. Fire protective services are available within two miles of the site. Wastewater system meeting with the standards of 13 the State Department of Health can be provided if necessary by the Applicant in conjunction with the development of the project. All other utilities are available to the site. As such, this development should not require additional public services to be provided. The site does not have any on -site developmental constraints. The land is relatively level, and there are no flood (Zone X) or other hazardous condition that would render the site a developmental problem and pose a burden to public agencies. Further, given the non - noxious type of use associated with an employee parking lot and interim auto storage lot, pollution concerns typically associated with heavy industry would be minimal, if at all. As the land has been cleared, the prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. Most of the subject area is devoid of its original vegetation. Then, too, while there may be a potential for some endemic birds to visit this area, the development of this site would not remove a critical habitat. At the same time, there are alternative areas that would be more suitable for any habitats. Likewise, due to the developed physical nature of this site, it is very unlikely that there may be any archaeological features left on the site. A survey was done and it has already been determined by the State SHPD that the site has no significant historic properties. Further, in the event there are some inadvertent archaeological finds, work will stop and the State DLNR and County Planning Department will be consulted before further activities occur within the affected area. The use is also compatible with the surrounding are Far the most part, properties adjacent to the subject site are residential and commercial. If needed, additional landscaping can be provided to help mitigate potential visual impacts of the project. As such, while the location of the requested area is proximate to a few residences, appropriate mitigation measures, if needed, can be taken. Finally, all additional structures built on the site will comply with the standards outlined in the Zoning Code — such as parking, loading zone, setback, height, etc. in conjunction with any structural improvements to the site. 14 D. Kona Community Development Plan (CDP) Section 15.1 of the County General Plan called for the development and eventual County Council adoption of CDPs. 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." (emphasis added) Pursuant to the above, the Kona CDP was developed and adopted by the County Council during the latter part of the year 2008. The CDP identified its vision to be "A more sustainable Kona characterized by a deep respect for the culture and the environment...." The subject property falls within the Kona Urban Area ( "UA ") as outlined in Figure 4 -7 of Kona Land Use Map of the CDP. It is also not within any existing or planned Transit - Oriented Development ( "TOD ") area. According to Figure 4 -3 of the CDP's Official Concurrency Map, the subject site is not identified as being within any Concurrency zone. However, Concurrency Policy TRA -6.1 notes that "Any rezoning outside of a designated TOD within the Kona UA approved prior to completion of the Queen Ka'ahumanu Highway widening the Airport shall restrict occupancy until this widening project is completed." To date, the Highway widening project has not been completed. As noted earlier, this request is not designed to expand but to make an existing auto dealership operate more efficiently and safely. This would be done through the use of this area for employee parking and interim storage of vehicles. Aside from ground improvements, no additional improvements are being contemplated at this time. As such, under that basis, there should be no intensification of land use or traffic - generation associated by this request. In the event new structures or uses other than those being represented herein where there would be the more traffic generation and land use intensification, then their "occupancy" could be deferred pending completion of the Highway widening project. Appropriate rezoning condition could be placed to achieve that objective. The CDP identified several principles related to this "vision." These principles and their relationship to the proposed rezoning follow. 15 a. Protect Kona's natural resources and culture. The subject site does not have any critical natural resources, having been already cleared. The site is designated "X" on the Federal Emergency Management Agency's Flood Insurance Rate Map. This is areas outside of the 100 -year storm. Appropriate on- site mitigation to accommodate project- generated drainage — if 'needed - will be addressed and implemented during any construction of the site. Furthermore, the SHPD has already acknowledged that the site has no significant archaeological or cultural features that are worth preserving. b. Provide connectivity and transportation choices. The area of this proposed rezoning is not identified as any future connector road. The abandoned Walua Road located mauka of the subject site is essentially a remnant roadway. c. Provide housing choices. As the nature of this commercial rezoning request is not a housing project, this principle does not have any direct applicability. d. Provide recreation opportunities. This principle does not have any direct applicability. e. Direct future growth patterns toward compact villages, preserving Kona's rural, diverse and historical character. The location of this site is proximate to already established commercial and residential areas. As such, its commercial use would further promote or foster this objective. f. Provide infrastructure and essential facilities consistent with growth. While not necessary for the intended use of this site, the basic infrastructure such as access and water to support alternative commercial uses are or can be readily made available. g. Encourage a diverse and vibrant economy emphasizing agriculture and sustainable economies. The Land Study Bureau has classified the soil as "D" or poor for agricultural activity. As such and given its relationship to existing urban uses, its agricultural potential is diminished. However, its commercial use within an established commercial core would V support other uses in this area. h. Promote effective governance. This principle is not applicable. In summary, the requested CV zone for the proposed use of the subject site for employee parking and interim vehicular storage would be consistent with the land use component of the CDP. Further, with the use restriction, it would also be consistent with the spirit of the Concurrency policy. E. County Zoning The County zoning of the requested area is Agriculture (A -1 a). If the Village Commercial (CV -10) request were approved, at the appropriate time, all related land use and development codes such as construction permit and the like would be complied with by the Applicant. F. Special Management Area The subject site is not situated within the County Special Management Area (SMA). However, as the entire island falls within the SMA, a general discussion of this project's relationship with the SMA objectives follows. 1. Recreational Resources The proposed improvement — which at this time may be only site and landscaping - should not have any adverse impact to the recreational resources of the area. The property is not a coastal property, and there are intervening properties between the project site and the ocean. There is also no known access to the shoreline from this site. Z. Historical and Cultural Resources As the area of the proposed improvements has been largely cleared and already concluded by SHPD as having "no historic properties affected ", the prospects of finding any archaeological features on the subject site is fairly remote. However, should there be any inadvertent finds during the further development of this project, work will immediately cease until clearance from the County and /or SHPD is secured. 17 3. Scenic and Open Space Resources As noted earlier, the coastal view plane is not visible from a public highway (Kuakini) as the site is situated mauka of the Highway. As such, this project should not adversely impact any scenic coastal resources. 4. Coastal Ecosystem The proposed improvements should not generate any adverse impacts to the area's coastal ecosystem. A drywell, if necessary, will be installed to address on -site drainage. Please note that during the course of securing the required Underground Injection Control (UIC) and NPDES permits, the project's impacts to the groundwater and nearshore waters will be evaluated and appropriate mitigative, if needed, actions will be taken. Further, the site is situated nearly 2 miles from the shoreline, and any direct interaction between the proposed ease and the water should be barely existent, if at all. Furthermore, the project's wastewater — if and when needed - will-be disposed off in, a State Department of Health approved manner. 5. Economic Uses The project itself should have some significant indirect economic impacts, due to the possibility of stabilizing the existing auto dealership. The short-term impacts relate to any construction jobs associated with any site improvements, while the long -term ones deal with the anticipated stability and maintenance of the existing auto dealership. . 6. Coastal Hazards The site is designated "X" on the Flood Insurance Rate map. Being at nearly the 320 -foot elevation level, the site also falls outside of the Civil Defense Tsunami Evacuation Zone. Similarly, normal winter storm waters should not be an issue for this project. Based on the foregoing, it is concluded that the proposed improvements are consistent with the objectives, policies and guidelines of the Special Management Area Rules and Regulations. Specifically: A. The proposed project will not have any substantial, adverse environmental or ecological effect. Any effect that may 18 result will be minimized to the extent practicable and is clearly outweighed by public health, safety and welfare, and other compelling public interest. Further, it will not generate any adverse effects by themselves or in conjunction with other individual developments, the potential cumulative impacts of which would result in a substantial adverse environmental or ecological effect and the elimination of planning options. Appropriate mitigative measures will be taken to address any potential adverse impacts of this project; B. The proposed activities - as discussed earlier - are consistent with the objectives, policies, and guidelines of the SMA Rules and Regulations; and C. The proposed activities are consistent with the County General Plan and County Zoning Code. G. Other Permitting Considerations Other construction - related permits will be required in the future. These would be of the "ministerial' variety, such as Plan Approval, grading permit, and the like. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short -Term Uses of Environment and Maintenance and Enhancement of Long-Term Productivity If the request were denied, the short-term use of the site would probably continue to be a vacant and used for storage and parking that may not be properly sanctioned unless and until deemed to be inappropriate. From a long -term productivity standpoint, then, the proposed CV -10 zoning would not have any significant impact on the environment or existing mixture of residential /commercial uses in the area. Further added tax revenues could be generated by virtue of the new zoning. C. Irreversible and Irretrievable Commitment of Resources As the site has been relatively disturbed in the past, it is not likely that its development and use would result in an irreversible commitment of natural or archaeological resources. Since the soil on the parcel has been classified "E" or very poor by the 19 Land Study Bureau, there is little potential for agricultural activity. The commercial use of this area should thus not compromise any agricultural or cultural resources. Further, it is not likely that the site has any significant archaeological features. This is evidenced by the prior grading and the SHPD confirmation of "no significant archaeological impact". Again, if needed, a monitoring program can be conducted during any land disturbance activity. D. Mitigative Measures The Applicant does not believe that significant infrastructure improvements are needed for this rezoning. However, if required as a condition of the rezoning approval, the Applicant will comply. Relatedly, during the construction phase, contractors will be obligated to comply with appropriate State noise and air quality standards. Should unanticipated archaeological finds be discovered in conjunction with any further development of the site, work will stop (as is required by the State and County) and clearance secured before work is resumed. There are no drainage ways on the property. Any land disturbance activity, any and all required grading or grubbing work will be done in conjunction with the required permits. This is to assure that the land disturbance activity of this site does not adversely affect the drainage of surrounding properties. Finally, there will be no person or businesses to be dislocated by this project. E. Alternatives to the Proposed Project 1. No Proiect Under the status quo alternative, the site could continue in its vacant state. However, it would not address the growing need to stabilize an existing business. Further, given the existing and evolving commercial and residential uses in this area, the retention of this site in the A -1 a zoning would not be consistent with this evolving land use pattern. 2. Alternative Density Under this alternative, the applicant could seek a more intensive residential rezoning, such as RS -7.5 or a RM zoning. Those zoning 20 categories would arguably be just as consistent with the requested CV -10 zoning, particularly as the CV zoning allows either single or multiple family residential uses. However, the residential zoning would limit the Applicant to only those uses and not enable to meet and accommodate the needs of the existing auto dealership. . 3. Evaluation of Alternatives The project's impacts to the area's social and physical infrastructure would not be significant. Should there be no access through the Applicant's property, mitigative measures in the form of improvements to Walua Road fronting the subject site can be taken. Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map and the Kona Community Development Plan. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested CV -10 alternative, 21 SidneyFuke, PI g Consultant i 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 w • Planning • Variance • Zoning Telephone: (808) 969 -1522 Cell: (808) 989- 0640 :'-' • Subdivision • Land Use Permits E -mail: sidfuke @hawaiiantel.net • Environmental Reports V �� 1 6-- 52.- July 21, 2014 Mr. Duane Kanuha, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Kanuha: Subject: General Plan LUPAG Confirmation Applicant: Orchid Isle Auto Center Nnillalna 1st and 7 °d_ NnrHh Knna_ TNawai'i TAW- 11117 As you may be aware, an application to rezone the subject property from A -la to CV -10 was recently filed with your office. Because there may be a possible question regarding the site's General Plan Land Use Pattern Allocation Guide ( LUPAG) map designation, on behalf of the landowner, we respectfully request a Medium Density Urban interpretation of the map relative to the subject site. The General Plan LUPAG map was always intended to be "broad brush" and never intended to be specifically measurable. Specifically, the General Plan notes that the "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. (Emphasis added) However, with the advent of technological advances, all properties have now been digitized and mapped to reflect zoning, SMA, and the General Plan LUPAG map information, which sometimes can generate a need for an interpretation like this. The digitized LUPAG map reflects the subject site to be within the Low Density Urban area, whereas the adjoining property (TMK: 7 -6 -13: 35) is essentially designated Medium Density Urban with a sliver of Low Density Urban. That site, however, is zoned CV -10 and is the site of the Orchid Isle Auto Center. Notwithstanding the designation of the digitized version of the LUPAG map, we respectfully request your concurrence and interpretation that from a broad brush perspective — which was the intent of the LUPAG map — the site is designated "Medium Density Urban." There is planning logic to such an interpretation. As noted on the attached tax map, the site is bisected by the heavily traveled Kuakini Highway as well as the now abandoned and unimproved Walua Road. This is the ONLY lot within that triangular shaped area bordered by Lako Street, Kuakini Highway, and the abandoned portion of Walua Road. It is essentially a remnant lot, having been deemed as such by the County. There are only two lots within this triangular area — this lot and t SCANNED Orchid Isle Auto Center to the south. Planning Dept. Exhibit x,,9011 a'� Mr. Duane Kanuha, Director July 21, 2014 Page 2 Further, no access to the site is possible or available from Kuakini Highway. While legal access from Walua Road is possible, considerable improvements would have to be made. And then, for the County to subsequently maintain Walua Road for only this one lot would not be practical and financially feasible. Properties to the immediate north and above of the abandoned portion of Walua Road are part of the Kona Vista Subdivision. It would be difficult to conceive that the subject parcel could be or was ever intended to be part of that subdivision or for that matter any residential subdivision. Attached is a copy of the "non - digitized" version of LUPAG map. Given the "remnancy" condition of this lot and relationship to surrounding uses, the subject parcel would not really be suitable for low residential use. Thus, from a broad brush perspective and since the map is "intended to guide the direction and quality of future developments in a coordinated and. rational manner, it would appear that a Medium instead of a Low Density Urban interpretation would be a reasonable interpretation. Such a designation would result in having developments in this area occur in a more "coordinated" and "rational" manner. We look forward to your concurrence of this Medium Density Urban interpretation for the subject site. Should you have questions or require more information relating to this matter, please feel free to direct them to me. Thank you very much. Sincerely, �k�� SIDNEY M. FUKE Planning Consultant Enclosures Copy — Mr. Joseph Hanley w/ enclosures 3 i C.i �t . c - �� vo 3 • � �� � � �`� .�� . '�� - � ub 'ect 36 L9 THIRD '" �� � `��+�'� � •. � / ��� 11.x' �� ....�- Y...�` _ i ZONE E. PLAN' � a r • C rn C) 0 z 0 O N a: a w O O� U .W-lo a Iz� N V. 1� m C) 7 U °f U. a W N m f7 N ~ g N W � 3 o a a William P. Kenoi Mayor West Hawaii Office 74 -5044 Ane Keohokalole Hwy Kailua -Kona, Hawaii 96740 Phone (808) 3234770 Fax (808) 327 -3563 August 5, 2014 Mr. Sidney Fuke Planning Consultant 100 Pauahi Street, Suite 2 2 Hilo, HI 96720_ Dear 4�\.Fuke. , JMtY OI p +.� tR• � .,y County of Hawaii PLANNING DEPARTMENT Duane Kanuha Director Bobby Command Deputy Director East Hawaii Office 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Phone (808) 961 -8288 Fax (808) 961 -8742 Change of Zonb Application Applicant: Orchid Isle Auto Center Request: A -1 a to CV -10 Subject: General Plan LUPAG Confirmation Tax Man Key: 7- 6- 013:017 This is to acknowledge receipt of your letter and enclosure dated July 21, 2014 requesting a General Plan Land Use Pattern Allocation Guide ( LUPAG) map confirmation for the above referenced property, which is located in North Kona along Kuakini Highway near the Lako Street intersection. The General Plan states the following regarding the review and interpretai on of the General Plan LUPAG map in relation to Zoning requests: 14.1 A Standards (a) 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 and will be subject to: a) existing zoning; and b) State Land Use District. (b) Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. SCANNED (i , 6 2914 1 +wx cnit131agninQdealxgm Hawaii County is an Equal Opportunity Provider and Employer By: Mr. Sidney Fuke Page 2 August 5, 2014 In reviewing the request to interpret the GP LUPAG map designation for the property in relation to the above information, we can determine the following: 1. The property is located near the boundary line of the medium density urban and low density urban GP LUPAG designations. As these boundaries are broad brush, the property can be interpreted to be within the medium density urban designation. 2. The State Land Use designation for the property is Urban and the adjoining Orchid Isle Auto Center property was rezoned in 1982 to CV -10,. which would be compatible with the request to rezone the subject property to CV -10. 3. The owner of the subject property to be rezoned is also the owner of the adjoining parcel, which is the location of the Orchid Isle Auto Center (Inter Pacific Motors 4. The property is located in an area that has the appropriate infrastructure that could typically support a change to commercial including utilities and access; provided that the property is consolidated with the adjoining Orchid Isle Auto Center property. 5. The property is located within the Kona Urban Area but does not fall within a TOD or Concurrency Zone as identified within the Kona Community Development Plan. Based on the above review, we can confirm that the GP LUPAG map designation for the property is medium density urban. To further solidify this determination, a condition of approval will be added requiring that the applicant consolidate the subject property into the adjoining CV -10 property if a favorable recommendation is forwarded to the Planning Commission and Hawaii County Council. If you have any questions, please feel free to contact Jeff Darrow at 961 -8158. 1 YV%�Sincerely, CV-a� ANE UHA Planning Director JWD:kIt P:\wpwin60\Jeff\Letters \Determination Letters\ LFuke- GPDetermination- 76013017.doc cc w /copy of letter: Kona Planning Department DEPARTMENT OF PUBLIC WORKS PLANNING 1 EPART EN COUNTY OF HAWAII VV HILO, HAWAII 214 AUG 28 PH 4: 28 DATE: August 28, 2014 Memorandum TO Duane Kanuha, Planning Director Planning Department FROM Ben Ishii, Division Chief v Q,t Engineering Division SUBJECT Change of Zone Application (REZ 14- 000179) Applicant: Orchid Isle Auto Center Location: Holualoa 1St and 2nd, N. Kona HI TMK: 3 R -6 -013: 017 We reviewed the subject application and our comments are as follows: 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 drywells in the subject development, an Underground Injection Control (UIC) permit may be required from the Department of Health, State of Hawaii. 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 We concur with the findings in Section 3.3.2, Roadways, of the Final Environmental Assessment dated November 8, 2006. 2. Although it has frontage along the makai side, the property does not have practicable access to Kuakini Highway, which is under the jurisdiction of °the Hawaii County is an Equal opportunity Provider and Employer 1 Planning Deist. Exhibi _"47,62 4 Memorandum to PD- REZ 14- 000179 August 28, 2014 Page 2 of 2 Hawaii Department of Transportation (HDOT) at this location due to the existence of a very high road cut along the frontage. 3. Kailua- Keauhou Middle Road ( Walua Road), fronting the subject property on the mauka side, is a remnant County road right -of -way that has not been maintained and is overgrown. It terminates at Lako Street to the south and Kuakini Highway to the north. We have no objection to the applicant's proposal to obtain access through their adjacent parcel 35 from Lako Street for the proposed use. However, a condition to the requested amendment should be imposed for improving the Walua Road remnant, meeting with the approval of DPW, prior to occupancy, should such access from the Walua Road remnant be proposed in the future. Such improvements may consist of, but not be limited to, re- grading and reconstruction, pavement widening, guardrails, drainage improvements, and any relocation of utilities; meeting with the approval of the DPW. Install street lights, signs and markings meeting with the approval of the DPW, Traffic Division. The right -of -way appears to vary in width from 40 to 50 feet and may be bordered by historic stone walls. A 10 -foot minimum future road widening setback should be required along the entire Walua Road frontage of the subject property. Alteration of any existing walls bordering, and or fill embankment supporting Walua Road located within the subject property or the Walua Road right- of -way should be prohibited unless otherwise approved by the affected agencies under a Grading Permit. 4. Any driveway connections to a County road shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. Driveways shall conform to County Standard Details. 5. Submittal of plans for any work within the County right of way to the Disability and Communications Access Board (DCAB) is required under HRS 103 -50. The DCAB's Final Document Review Letter shall be submitted with the application for any Permit to Work within the County Right of Way. TRAFFIC We concur with the applicant that, for the proposed use, 50 peak our trips will not be generated. However a condition should be included to anticipate any future use that would generate such traffic volumes, by requiring, with the application for such proposed use, a Traffic Impact Analysis Report (TZAR) prepared by a licensed professional traffic engineer, and any recommended improvements prior to occupancy. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 323 -4851. KE copy: ENG- HILO /KONA Hawaii County is an Equal Opportunity Provider and Employer DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAVI 345 KEKUANAO'A STREET, SUITE 20 HILO, HAWAI'I 96720 TELEPHONE (808) 961 -8050 • FAX (808) 961 -8657 September 3, 2014 We have reviewed the subject application and have the following comments and conditions. Please be informed there is an existing 12 -inch waterline along Kuakini Highway fronting the subject parcel and an existing 8 -inch waterline along Lako Street approximately 400 -feet from the subject parcel. We understand that the proposed application is to allow the owners to utilize the subject parcel as an employee parking and vehicle storage lot with no other commercial development. However, should the owner require water service, the Department requests that an estimated maximum daily water usage calculation be submitted for review and approval. The water usage calculations shall be prepared by a professional engineer licensed in the State of Hawaii and should include the estimated peak flow in gallons per minute (GPM), and the total estimated maximum daily water usage in gallons per day, including all irrigation/landscaping use. Upon receipt of the water usage calculations above, the Department will make a determination if water is available and if any water commitment deposit amount and prevailing facilities charge (subject to change) are to be paid, if necessary. If an irrigation system is to be installed within the parking lot area, a reduced pressure type backflow prevention assembly must be installed within five feet of the meter on private property. The installation of the backflow prevention assembly must be installed and approved by the Department. Please be informed that for the proposed commercial zoning, the fire flow protection requirement per the Department's Water System Standards is 2,000 gallons per minute and a fire hydrant must be within 150 feet from the front of the property. However, the nearest fire hydrant is approximately 400 feet connected to the existing 8 -inch waterline along Lako Street, which is inadequate to provide the required fire flow. The applicant should consult with the Fire Department for fire prot requirements or alternatives. Planning Dee,,, 8�tl ANNE D Exhibit______ B : 0 5 3 8 8 2 ...Water, Our Most Precious resource ... Ka Wai .A pane ... - The Department of Water Supply is an Equal Opportunity provider and employer. TO: Mr. Duane Kanuha, Director Planning Department :.-Ce40 Mt FROM: Quirino Antonio, Jr., Manager -Chief Engineer SUBJECT: CHANGE OF ZONE APPLICATION (REZ 14- 000179) APPLICANT — ORCHID ISLE AUTO CENTER a REQUEST: A -1A TO CV -10 TAX MAP KEY 7 -6- 013:017 We have reviewed the subject application and have the following comments and conditions. Please be informed there is an existing 12 -inch waterline along Kuakini Highway fronting the subject parcel and an existing 8 -inch waterline along Lako Street approximately 400 -feet from the subject parcel. We understand that the proposed application is to allow the owners to utilize the subject parcel as an employee parking and vehicle storage lot with no other commercial development. However, should the owner require water service, the Department requests that an estimated maximum daily water usage calculation be submitted for review and approval. The water usage calculations shall be prepared by a professional engineer licensed in the State of Hawaii and should include the estimated peak flow in gallons per minute (GPM), and the total estimated maximum daily water usage in gallons per day, including all irrigation/landscaping use. Upon receipt of the water usage calculations above, the Department will make a determination if water is available and if any water commitment deposit amount and prevailing facilities charge (subject to change) are to be paid, if necessary. If an irrigation system is to be installed within the parking lot area, a reduced pressure type backflow prevention assembly must be installed within five feet of the meter on private property. The installation of the backflow prevention assembly must be installed and approved by the Department. Please be informed that for the proposed commercial zoning, the fire flow protection requirement per the Department's Water System Standards is 2,000 gallons per minute and a fire hydrant must be within 150 feet from the front of the property. However, the nearest fire hydrant is approximately 400 feet connected to the existing 8 -inch waterline along Lako Street, which is inadequate to provide the required fire flow. The applicant should consult with the Fire Department for fire prot requirements or alternatives. Planning Dee,,, 8�tl ANNE D Exhibit______ B : 0 5 3 8 8 2 ...Water, Our Most Precious resource ... Ka Wai .A pane ... - The Department of Water Supply is an Equal Opportunity provider and employer. Mr. Duane Kanuha, Director Page 2 September 3, 2014 Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961 -8070, extension 256. RQ:dfg copy — Sidney Fuke, Planning Consultant Jr., P.E. hgmeer William P. Kenoi Mayor Walter K.M. Lau Managing Director Pm ? 10 Ithead Todd ~ %` "• n i r 1 Director u r, HAWAII John A. Medeiros Deputy Director CIIILixCk II FX iCt`t DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Keknanilola Street, Suite 41 • Hilo, Hawaii 96720 (808) 961 -8083 • Fax (808) 961 -8086 hn: / /wu.,w. haw•aiicounty. aov /environmental- managemer.0 MEMORANDUM Date : August 7, 2014 T DU�AlY A I Tr TU A 1 V • ✓ ,,, 1111!1 , Pi M 1111111r, iLlJt' rCc t o r From: BJ LEr=AD TODD, Director W Subject: Change of Zone Application (REZ 14-000179) Applicant: Orchid Isle Auto Center Request: A -la to CV -10 for a 1.002 -Acre Parcel TMK: 7 -6- 013:017 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.) 1(� 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. ( 1 Other: manning uw. Exhibit._____._ County of Hawaii is an Equal Opportunity Provider and Employer. ' ��: Tk' � A k , �„ - ( 4 . 2094 A1,1G 19 PM 0 ,: •, BJ Leithead Todd William P.Kenoi �� } =�i �r., Yt. ;. > ^,� r�� Director Mayor �i)l�N'1'r Oi= H�',WAi!��� John A. Medeiros Walter K.M. Lau ••rIi'pf•Ni. Managing Director Deputy Director Carty d HaAd i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Keknanao`a, Suite 41 - Hilo, Hawaii 96720 (808) 961 -8083 • Fax (808) 961 -8086 http:i /hawaiicounty. ovienvironmental- inanaeement' MEMORANDUM Date : August 14, 2014 To . DUANE KANUHA, Planning Director From: BJ LEITHEAD TODD, Director ) f y.1 Subject: Change of Zone Application (REZ 14-000179) Applicant: Orchid Isle Auto Center Request: A- I a to CV- 10 for a 1.002 -Acre Parcel TMK: 7 -6 -013 :017 The Wastewater Division has reviewed the subject application and offers the following recommendations (please note Solid Waste Division comments will be submitted separately): DEPARTMENT COMMENTS: Lyle WASTEWATER COMMENTS: (Contact Wastewater Division for details.) Hirota - -.- •` : ( X) No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21 -5 of the Hawai' i County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21 -26.1 of the Hawaii County Code. Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23 -85 of the Hawaii County Code. ( ) Check or line out as applicable: [ ] If required by the Director of the Department of Environmental Management ( "Director of DEM"), [ ] applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project Contact Wastewater Division Chief for details. ( ) Other: County of Hawaii is an Equal Opportunity Provider and Employer. 093579 William P. Kenoi PLANNING DEFARTMEIIT Mayor COUNTY OF HAWAII M AUG 26 FN 3: 42 County of Hawaii POLICE DEPARTMENT 349 Kapi'olani Street • Hilo, Hawai'i 96720 -3998 (808) 935 -3311 • Fax(808)961-2389 August 21, 2014 TO ANE NUHA, PLANNING DIRECTOR FROM L H. EALOHA, JR., ASSISTANT CHIEF, AREA II OPERATIONS SUBJECT : CHANGE OF ZONE APPLICATION (REZ 14- 000179) APPLICANT: ORCHID ISLE AUTO CENTER REQUEST: A -la to CV -10 for a 1.002 -ACRE PARCEL TAX MAP KEY: 7 -6- 013:017 Harry S. Kubojiri Police Chief Paul K Ferreira Deputy Police Chief This is in response to your recent memorandum dated August 6, 2014, regarding a request for comments relative to a Change of Zone Application at the above - mentioned location. Thank you for allowing the Hawai'i Police Department to make comments regarding this Change of Zone Application. At this time, the Hawaii Police Department has no comments. Should you have any questions or concerns, please contact Captain Randal M. Ishii, Commander of the Kona District, at 326 -4646, extension 299. RI /jaj RS140528 Planning ePh Exhibit " Hawai'i County is an Equal Opportunity Provider and Employer' 093695 NEIL ABERCROMBIE GOVERNOR OF HAWAII >t -;c September 2, 2014 DEFARTYEXT OF HAWAII 8 P r 54 STATE OF HAWAH DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESERVATION DIVISION 601 KAMOKILA BOULEVARD, ROOM 555 KAPOLEI, HAWAII 96707 Duane Kanuha, Planning Director County of Hawai' i Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 -4224 Dear Mr. Kanuha: SUBJECT: Chapter 6E -42 Historic Preservation Review — Change of Zone Application (REZ 14- 000179) for Orchid Isle Ford Holualoa Ahupua`a, North Kona District, Island of Hawaii TMK: (3) 7 -6- 013:017 WILLIAM J. AILA. JR CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT JESSE K SOUKI FIRST DEPUTY WILLIAM M. TAM DEPUTY DIRECTOR - WATER AQUATIC RFSOURCES BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES COAAUS.SION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT ENGWEERWO FORESTRY AND WILDLIFE EISTORIC PRESERVATION KA1IOOLAWE ISLAND RESERVE COMMISSION LAM) STATEPARKS LOG NO: 2014.3644 DOC NO: 1409MV02 Archaeology Thank you for the opportunity to review the subject application that was received by our office August 12, 2014. According to the application, the subject parcel will be rezoned from agriculture (A -1 a) to village commercial (CV- 10). The purpose of this zone change is to use the area for automobile storage and employee parking in support of the existing Orchid Isle Ford auto sales facility. A review of our records indicated that an archaeological inventory survey was completed for this parcel by Rechtman (2006; SHPD Rpt. No. H- 2463). There were no archaeological sites recommended for preservation or mitigation in this AIS report, and there are no outstanding mitigation commitments. In addition, archival aerial photographs indicate that the subject parcel has been previously disturbed by mechanical grading activities. Therefore, SHPD believes that no historic properties will be affected by the proposed project. However, in the event that historic resources, including human skeletal remains, structural remains, sand deposits, midden deposits, lava tubes, or lava blisters/bubbles 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(a)Hawaii.gov if you have any questions or concerns regarding this letter. Aloha, Michael Vitousek, Lead Archaeologist Hawaii Island Section Historic Preservation Division Planning Dept. Exhibit_' SCANI1 I D SEP 10 2014 By: 093954 PWNING DNtART111111 COUNTY OF HAWAII NMLABERCROMBIE e * W /LUAM LAILA.JIL OQVIMWR OP HAWAII 01040WI qN X11 SP — 4 M y. LNDAWNA'IUMI.NI91N1NC® 7� �V °N WAfM ptlMMHLL7Sl1ANM1LNFM STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 �+ko1WNj°� HONOLULU, HAWAII 96809 September 3, 2014 County of Hawaii Planning Department Attention: Mr. Jeff Darrow 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Darrow: via email: jdarrow co- hawaii.hi.us SUBJECT: Change of Zone Application (REZ 14- 000179); Request: A -la to CV -10 for a 1.002 -Acre Parcel, Orchid Isle Auto Center, Applicant, North Kona, Hawaii; TMK: (3) 7- 6- 013:017 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 the (i) Engineering Division and (ii) Hawaii District Land Office on the subject matter. Should you have any questions, please feel free to call me at 587 -0426. Enclosure(s) Sincerely, Kevin E. Moore Acting Land A inistrator Planning pt. Exhibit SCANPN E ri By: 093$43" 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 me at 587 -0426. Thank you. Signe Print Date: cc: Central Files We have no objections. We have no comments. 0 NEIL ARSWROMME GDVNJMof NAWAU ��� WILLIAM 1 AILA. M. CWO►MIO. RUARD UP LAM AM HATURALMUMM COWMM NON WAM ALIMSM MANAOIAMff STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION r.a '�Atotllr+�" a POST OFFICE BOX 621 HONOLULU, HAWAII 96809 :m August 7, 2014 co MEMORANDUM DLNR Agencies: -- Div. of Aquatic Resources Div. of Beating & Ocean Recreation X Engineering Division Div. of Forestry & Wildlife i, _Div. of State Parks _Commission on Water Resource Management _Office of Conservation & Coastal Lands X Land Division — Hawaii District Historic Preservation _ 1 J,�`� Kevin E. Moore, Acting Land Administrator SUBJECT: Change of Zone Application (REZ 14- 000179); Request: A -1 a to CV -10 for a 1.002 -Acre Parcel LOCATION: North Kona, Hawaii; TMK: (3) 7- 6-013:017 APPLICANT: Orchid Is1jrAuto Center e Transmitted for your review and comment is a copy of the above - referenced application. We would appreciate your comments on this application. Please submit any comments by September 2, 2014. 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 me at 587 -0426. Thank you. Signe Print Date: cc: Central Files We have no objections. We have no comments. DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/ Kevin E. Moore REF: Change of Zone Application (REZ 14- 000179) from A -la to CV -10 for a 1.002 -Acre Parcel by Orchid Isle Auto Center, Holualoa, N. Kona Hawaii.042 COMMENTS (X) We confirm that the project site, according to the Flood Insurance Rate Map (FIRM), is located in Flood Zone X. The National Flood Insurance Program does not have any regulations for developments within Zone X. () Please take note that the remainder of the project site according to the Flood Insurance Rate Map (FIRM), is located in Zones _ () 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 site must comply with the rules and regulations of the National Flood Insurance Program (NFIP) presented in Title 44 of the Code of Federal Regulations (44CFR), whenever development within a Special Flood Hazard Area is undertaken. If there are any questions, please contact the State NFIP Coordinator, Ms. Carol Tyau -Beam, of the Department of Land and Natural Resources, Engineering Division at (808) 587 -0267. Please be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your Community's local flood ordinance may prove to be more restrictive and thus take precedence over the minimum NFIP standards. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP Coordinators below: () Mr. Mario Siu Li at (808) 768 -8098 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. Carolyn Cortez at (808) 270 -7253 of the County of Maui, Department of Planning. () Mr. Stanford Iwamoto at (808) 241 -4896 of the County of Kauai, Department of Public Works. () The applicant should include project water demands and infrastructure required to meet water demands. Please note that the implementation of any State - sponsored projects requiring water service from the Honolulu Board of Water Supply system must first obtain water allocation credits from the Engineering Division before it can receive a building permit and/or water meter. () The applicant should provide the water demands and calculations to the Engineering Division so it can be included in the State Water Projects Plan Update. () Additional Comments: O Other. Should you have any questions, please call Mr. Dennis Imada of the Planning Branch at 587 -0257. F ENGINEER Date: ti/ %' •re} SPECIAL FLOOD HAZARD AREAS Stfl9JECT TO INUNDATION BY THE 1 %ANNUAL CHANCE FLOOD — The 1% annual chance flood (100 year flood). also known as the base flood, is the flood that has a 1% chance of being equaled or exceeded in any given year The Special Flood Hazard is the area subject to flooding by the I% annual chance flood Areas of Special Flood Hazard Include Zane A, AE, AH, A0, V, and VE. The Base Flood Elevation (BFE) is the water-surface elevation of the 1% annual chance flood Mandatory flood Insurance purchase applies in time zones: Zone A: No BFE determined. ■ lone AE: BFE defemmhed. ■ Zone AK Flood depths of 1 to 3 liset (usually areas of pond4); BFE determined Zone AO: Flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths determined. Zone V: Coastal flood zone with velocity hazard (wave action); no WE determined. Zone VE Coastal flood am with velocity hazard (wave action); SFE determined. . Zm AEF: Floodway areas in Zone AE. The floodway Is the channel of stream plus any a* =M floodplain areas that most be kept free of ercnoaciunent so that the I% annual chance flood can be carried without increasing the BFE. NON -SPECIAL FLOOD HAZARD AREA —An area in a low -to- moderate risk flood zone. No mandatory flood insurance purchase requirements apply, but coverage is available in participating communities. Zone XS (X shaded): Area of 0.2% annual chance flood; areas of 1% annual chance flood with average depths of less than 1 foot or with drainage areas less then 1 square mile: and areas protected by levees from 1% annual chance flood ., Zone X Areas determined to be outside the 0.2% annual chance floodplain. OTHER FLOOD AREAS zone D: unstudied areas where flood hazards are undetermined, but flooding is possible. No mandatory flood insurance purchase requirements apply, but coverage is available in participating communities. PROPERTY INFORMATION COUNTY: HAWAII TMK W. (3) 7- 6.013417 PARCEL ADDREW. FIRM INDEX DATE: APRIL 02, 2004 LE 11 OF MAP CHANGE(S): NONE F13AA FIRM PANEL(S): 1551660927D4ME 02,1995 155166092SE -JUNE 02,19% PARCEL DATA FROM: JUNE 2013 IMAGERY DATA FROM: MAY 2005 IMPORTANT PHONE NUMBERS County NFIP Coordmetor County of Hawaii Frank DeMarco, CFM (808) 961 -8042 Carol Tya"eam, RE, CFM (808) 587 -0267 Disclaimer. The Department of Land and Natural Resources (DLNR) assumes no responsibility arising from the use of the information contained in this report. Vieweral/sers ate responsible for verifying the accuracy of the information and agree to indemnify the DLNR from any liability, which may &rise from Its use. If this map has been idenffied as PRELIMINARY or VNOFFICIAL, please note that it is being provided for informational purposes and is not to be used for oftiatllepal decisions, regulatory compliance, or good Insurance rating. Contact your county NPIP coordinator for Rood zone determinations to be used for compliance with local goodplain management regulations. August 7, 2014 MEMORANDUM TO: DLNR Agencies: MIL ARMCROMM wn" L A" JR OWWWWOPHAWAU Ct1A�llYCN IMMOPIMMA10M IMALtHUIMU C0�O1VA7SxxMx tZKAK#ACM1xR �� Q f 2 X Engineering Division z: SS STATE: OF HAWAII Div. of Forestry & Wildlife `Div. DEPARTMENT OF LAND AND NATURAL RESOURCES LAtVD DrvISiON lot RECEIVED of State Parks L A Np � S �� w HONOLULU HAWAJ; 62%M HI 0. HAWAII August 7, 2014 MEMORANDUM TO: DLNR Agencies: _Div. of Aquatic Resources _Div. of Boating & Ocean Recreation X Engineering Division Div. of Forestry & Wildlife `Div. of State Parks Commission on Water Resource Management =„ Office of Conservation &Coastal Lands 4 o P 4 XLand Division - Hawaii District - R Historic Preservation , — FROM: Kevin E. Moore, Acting Land Administrator SUBJECT: Change of Zone Application (REZ 14- 000179); Request: A -1 a to 10 for a 1.002 -Acre Parcel LOCATION: North Kona, Hawaii; TMK: (3) 7- 6- 013:017 APPLICANT: Orchid Isla Auto Carter Transmitted for your review and comment is a copy of the above - referenced application. We would appreciate your comments on this application. Please submit any comments by September 2, 2014. 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 me at 587 -0426. Thank you. (✓4 We have no objections. ( ) We have no comments. ( ) Comments are attache Signed: ;;;� Print name: Date: cc: Central Files NEIL ABERCROMBIE LINDA ROSEN M.D., M.P.H. GOVERNOR �►ts SF %959 �� DIRECTOR OF HEALTH b ti' k6 W-4 f$w ����i•Di��F STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721 -0916 FROM: Newton Inouye I} District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 14- 000179) Applicant: Orchid Isle Auto Center Request: A -la to CV -10 for a 1.002 —Acre Parcel Tax Map Key: 7 -6- 013:017 The Department of Health does not have any objections to the proposed change in land uses. However, existing or planned land use activities adjacent to the proposed residential area should be compatible with a residential neighborhood. Planning ept. Exhibit WORD: REZ 14- 000179.ni -. A L , #-a 3 7 1; p M b MEMORANDUMs �z Co DATE: August 26, 2014 x+°s TO: Duane Kanuha Planning Director, County of Hawaii FROM: Newton Inouye I} District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 14- 000179) Applicant: Orchid Isle Auto Center Request: A -la to CV -10 for a 1.002 —Acre Parcel Tax Map Key: 7 -6- 013:017 The Department of Health does not have any objections to the proposed change in land uses. However, existing or planned land use activities adjacent to the proposed residential area should be compatible with a residential neighborhood. Planning ept. Exhibit WORD: REZ 14- 000179.ni -. A L , #-a 3 7 1; p M U NEIL ABERCROMBIE GOVERNOR Mr. Duane Kanuha Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Kanuha: OC PLANNING DEPARTMENT COUNTY OF HAWAII FOINTDERIM DIIREC ORMI t Deputy Directors i RANDY GRUNE 2M4 SEP l I PH 2-' 38 AUDREY HIDANO ROSS M. HIGASHI JADINE URASAKI STATE OF HAWAII IN REPLY REFER TO: DEPARTMENT OF TRANSPORTATION HWY -PS 2.7969 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813 -5097 September 10, 2014 Subject: Change of Zone Application (REZ 14- 000179) Applicant: Orchid Isle Auto Center Request: A -la to CV -10 for a 1002 acre parcel Location: Holualoa 1St and 2 °a, North Kona, Hawaii TMK: (3) 7 -6- 013:017 Thank you for consulting with us regarding the subject zone change application. We have no objections to the applicant's zone change application subject to the following conditions: 1. Parking will not be allowed on the shoulders of State Route #11 ( Kuakini Highway) for the operation of the applicant's auto sales business. 2. The Applicant may continue to use the existing accesses fronting Lako Street, however vehicle back -ups (queuing) onto Kuakini Highway must be minimized or prevented. When utilizing heavy vehicle car carriers, the applicant must monitor possible unsatisfactory traffic conditions at the existing access driveways and implement a satisfactory transportation management practice, such as restricting the car carriers from making a left-turn onto the makai access driveway to minimize /prevent vehicle backups onto Kuakini Highway. There shall be no additional surface water runoff discharged onto Kuakini Highway caused by this rezoning application. 4. Construction plans (prepared by a Hawaii licensed Engineer) including grading and drainage plans especially for all structures fronting Kuakini Highway must be submitted for our review and approval. Planning NO. Exhibit Lo ANNF BY.- Mr. Duane Kanuha September 10, 2014 Page 2 HWY -PS 2.7969 If you have any questions, please contact Gary Ashikawa, Systems Planning Engineer, Highways Division, Planning Branch at (808) 587 -6336. Please reference file review number 2014 -151 in all contacts and correspondence regarding these comments. Very truly yours, F N. CHIGA Interim Director o ransportation SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 Telephone: (808) 969 -1522 - Cell: (808) 989 -0640 E -mail: sidfuke @hawaiiantel.net August 29, 2014 Mr. Duane Kanuha, Director Planning Department COUNTY OF HAWAI' I 101 Pauahi Street Hilo, 111 96720 Dear Mr. Kanuha: X4 Or 29 fS 0 20 Subject: Rezoning Application (REZ 14- 000179) Orchid Isle Auto Center TMK: 7 -6- 013: 017 • Planning • Variance • Zoning • Subdivision • Land Use Permits • Environmental Reports Thank you for providing me with a copy of agency comments to date regarding the subject application. In response to these comments, we provide the following: a. The County Police Department had no adverse comments on the request. b. The County Department of Environmental Management noted that project may not use the transfer stations to dispose of its waste. The project itself should generate very insignificant waste, as it will be used more for vehicular parking and storage. Nonetheless, as with the existing auto center, all waste are being commercially hauled to authorized landfill. There were no wastewater comments. For your added information, no restrooms are being planned for this site. We trust that the above adequately responded to the comments to date. If not or if there are further questions or comments on this matter, please let me know. Thank you very much. M: cerely, S NEY M. FUKE Planning Consultant Copy — Orchid Isle Auto Center w/ enclosures via email Planning Dept. Exhibit_ t ,r 093773 x f SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 CQUIxTY Of MWAN Telephone: (808) 969 -1522 • Cell: (808) 989 -0640 E -mail: sidfuke @hawaiiantel.net M 301, -4 FN ;t 116 September 4, 2014 Mr. Duane Kanuha, Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street Hilo, 1-11 96720 Dear Mr. Kanuha: Subject: Rezoning Application (REZ 14- 000179) Orchid Isle Auto Center TMK: 7 -6 -013: 017 • Planning • Variance • Zoning • Subdivision • Land Use Permits • Environmental Reports Thank you for providing me with a copy of additional agency comments to date regarding the subject application. In response to these comments, we provide the following: a. The State Department of Health. while noting that existing and planned land use activities should be mindful of the residential neighborhood, it had no objections to the request. Please note that the requested property fronts the Kuakini Highway and with its relatively quiet auto storage use, should help buffer or screen some of the visual and noise impact of the Highway relative to the residential area located mauka of the subject property. b. The County Department of Public Works — En ' eering Division noted that any improvements to the site be mindful of the drainage and land disturbance requirements. This would include not directing any water to adjoining properties and retaining and disposing of any site - generated water on the property. Should there be additional improvements to the site, this will be done via the grading and/or related permitting process. Relative to access, the applicant concurs with the Division's comments, to wit, if access from the abandoned portion of Walua Road be secured, that road be improved. However, as noted in the application, the applicant intends to continue use of the adjoining property (which is also owned by the applicant) for access. The Division also concurred that the requirement for a Traffic Impact Analysis Report ( "TIAR ") is not triggered by this rezoning request. The proposed condition suggested by the Division of the possible need of a TIAR for any potentially more intensive land use is standard for rezoning of this nature and is thus acceptable to the applicant. BY093896 i. Mr. Duane Kanuha, Director September 4, 2014 Page 2 We trust that the above adequately responded to the comments to date. If not or if there are further questions or comments on this matter, please let me know. Thank you very much Sincerely, SIDNEY . FUKE Planning Consultant Copy — Orchid Isle Auto Center w/ enclosures via email J9SidneyFuke, Planning Consultant PLAN - I RT_10 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • variance • Zoning Telephone: (808) 969 -1522 • Cell: (808) 989 -0640 ,r8#� • Subdivision • Land Use Permits E -mail: sidfuke @hawaiiantel.net 7 • Environmental Reports September S, 2014 Mr. Duane Kanuha, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Kanuha: Subject: Rezoning Application (REZ 14- 000179) Orchid Isle Auto Center TMK: 7 -6 -013: 017 Thank you for providing me with a copy of additional agency comments to date regarding the subject application. In response to these comments, we provide the following: a. The State Department of Land and Natural Resources confirmed the site's Flood Zone X designation on the Flood Insurance Rate Map. The Land Division had no comments or objections to the request. b. The County Department of Water Supply noted that water is available. However, it added that if a use other than the parking lot is proposed, a water use calculation study be done and submitted for its approval prior to determining the required water commitments and water facilities charge. In that event, the required water improvements to address pressure and fire flow requirements for the new use, such as a backflow preventer or fire hydrants, will be installed by the applicant. We trust that the above adequately responded to the comments to date. If not or if there are further questions or comments on this matter, please let me know. Thank you very much. Sincerely, �\� )Nlj� SIDNEY M. FUKE Planning Consultant Copy — Orchid Isle Auto Center w/ enclosures via email SCANNED SEP0 9 3 9�6 2 By: RorchidlsleAutoREZJwd 11/13/14 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION ORCHID ISLE AUTO CENTER CHANGE OF ZONE APPLICATION (REZ 14- 000179) Upon careful review of the request, the Planning Director recommends that a favorable recommendation of the request for a Change of Zone be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a change of zone from an Agricultural 1 -acre (A -1 a) to a Village Commercial - 10,000 square foot (CV -10) zoning district in order in order to develop automobile storage and employee parking to support the existing auto sales known as Orchid Isle Auto Center situated on the adjoining property to the south. There have been modest paving improvements to the grounds, which has periodically been utilized for parking and interim auto storage use. The applicant plans to make further non - structural improvements to the site, including some landscaping if required, which are estimated to cost less than $50,000. 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 -la to a CV -10 zoning district would result in a more appropriate land use pattern that that will further the public necessity and convenience and general welfare, is consistent with the applicable goals, policies and standards of the General Plan, and is consistent with the Kona Community Development Plan. The request to change the zoning district from agricultural to commercial would result in a more appropriate land use pattern for the Re: Bill 18 /Comm. 64 property as it will provide support to the existing Orchid Isle Auto Center business by providing a much needed employee parking area as well as increased automobile storage area. The property is located within the Kona Urban Area (KUA) in Holualoa near the intersection of Kuakini Highway and Lako Street and is approximately one acre in size. It is adjacent to the Orchid Isle Auto Center property, which is zoned CV -10. The property is also located within the State Land Use Urban District. The land uses in the area are mainly residential but there are commercial uses directly south of the subject property, including the Orchid Isle Auto Center property and other commercial properties further south across Lako Street. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The request conforms to the goals, policies and standards of the General Plan in that the proposed development will be developed in an area adequately served by necessary services such as transportation systems, water and utilities, and is located in an area identified for commercial uses. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The request to change the zoning to a CV -10 district conforms to the LUPAG Map, which has been determined to be within the Medium Density Urban designation. Such designation allows village and neighborhood commercial uses and single - family and multiple - family residential uses and related functions, up to 35 units per acre. In addition to being consistent with the LUPAG Map, the request would also support the following goals and policies of the General Plan Land Use and Economic elements: -2- • Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. • Encourage the concentration of commercial uses within and surrounding a central core area. • The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. The Kona Community Development Plan was adopted by the Hawaii County Council by Ordinance No. 08 -131 on September 25, 2008. The property falls within the Kona Urban Area (KUA) but not within a Transit - Oriented Development (TOD) or Concurrency Zone as identified within the Kona Community Development Plan. The proposed request is consistent with Policy LU -2.8 (Development Outside Transit- Oriented Developments (TODs), but within the Kona Urban Area) as an infill rezoning project. Policy LU -2.8 2 ii (Rezoning Infill) states that "Rezonings that promote infill are encouraged. The concept of infill is to connect two or more pre- existing developments. Infill is usually associated with small scale developments of 20 acres or less that have been leapfrogged by the surrounding or adjacent developments. Infill rezonings should be conditioned to ensure connectivity to the surrounding developments..." This rezoning request is to support the existing development to the south (Orchid Isle Auto Center). A condition of approval will be added requiring the applicant to consolidate the property with the existing adjoining commercial Orchid Isle Auto Center property to further ensure connectivity. Based on the above discussion, it has been determined that the proposed change of zone request from an A -la to a CV -10 zoning district would result in a more appropriate land use pattern that that will further the public necessity and convenience and general welfare, that the request is consistent with the applicable goals, policies and standards of the General Plan, and is consistent with the Kona Community Development Plan. -3- All essential infrastructure to support the proposed rezoning is or can be made available to the site. The legal access to the subject property is from Walua Road, which is County -owned but not currently constructed or maintained in this area. Access is proposed to continue through the adjoining Orchid Isle Auto Center property. As mentioned previously, a condition of approval will require the applicant to consolidate the property with the adjoining Orchid Isle Auto Center property. Thus, access will continue to be from Lako Street. County water is available to the property from an existing 12 -inch waterline fronting Kuakini Highway or from an existing 8 -inch waterline along Lako Street. As the proposed use is mainly for a parking lot, there is no need for potable water. Additionally, there is no wastewater demand currently for the use of the subject site. In the future, if a wastewater system is needed, the applicant will comply with the requirements of the Department of Health. Electrical and telephone services are available to the property. The project site has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The property is located in flood zone "X" which is an area determined by FEMA to be outside the 500 -year flood plain. There are no municipal waste collection services in the County. Therefore, all solid waste generated by development of the property will require private disposal at the nearest landfill. Electrical and telephone services are available to the property. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is not proximate to the shoreline and therefore will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access that traverses the property. There is no valued cultural, historical or natural resources that exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. -4- In view of the Hawai'i State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina " decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: • Investigation of valued resources: An Environmental Assessment (EA) was previously for the sale of the property. An archaeological survey, a cultural assessment, and floral or faunal studies were conducted of the property as part of the EA process. • The valued cultural, historical, and natural resources found in the rezonin area: The archaeological survey identified three (3) archaeological sites, which were determined to be important for their information content only and were recorded. Once they were recorded, they were no longer deemed significant. The Department of Land and Natural Resources — State Historic Preservation Division (DLNR -SHPD) concurred and concluded that no further archaeological work or review was necessary. Additionally, DLNR -SHPD submitted a letter dated September 2, 2014 stating the "no historic properties will be affected by this proposed project." Additionally, the cultural assessment concluded cultural impacts and concluded "As no resources or practices of potential traditional nature (i.e., landform, vegetation, etc.) appear to be present on or near the sale property, and there is no evidence of any traditional gathering uses or other cultural practices, it appears likely that the ... use of the property would not have adverse cultural impacts." • Possible adverse effect or impairment of valued resources: Given the scope of previous use of the property and the property's urban setting, no known rare, threatened, or endangered species are known to inhabit the parcel or are expected to be discovered on the site. • Feasible actions to protect native Hawaiian rights: No gathering or other cultural practices are taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not -5- affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Lastly, this approval is made with the understanding that the applicant remain responsible for complying with all other applicable governmental requirements in connection with the approved use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and /or the affected agencies. Based on the above findings, the request to rezone the property from an Agricultural 1 -acre (A -la) to a Village Commercial 10,000 - square foot (CV -10) zoned district would result in an appropriate land use pattern and further benefit the general public. The accompanying draft bill to amend Section 25 -8 -3 (North Kona District Zone Map), Article 8, Chapter 25 (Zoning Code) is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -6- C0rchid1s1eAutoREZ.jwd 11/13/14 ORCHID ISLE AUTO CENTER CHANGE OF ZONE APPLICATION (REZ 14- 000179) CONDITIONS OF APPROVAL A. The applicant(s), successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Tax Map Keys 7 -6- 013:017 and 035 shall be consolidated within one hundred and eighty (180) days from the effective date of this ordinance. C. The applicant shall secure Final Plan Approval for the parking lot from the Planning Director in accordance with Section 25 -2 -70, Chapter 25 (Zoning Code), Hawaii County Code within one hundred and eighty (180) days from the effective date of this ordinance. Plans shall identify 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), Hawaii County Code. D. Prior to the construction of any new structure on the property in the future, the applicant shall secure Final Plan Approval from the Planning Director in accordance with Section 25 -2 -70, Chapter 25 (Zoning Code), Hawaii County Code. E. Should the applicant desire to utilize the Walua Road remnant as vehicular access to the project site, the applicant shall widen and improve the Walua Road remnant from its intersection with Lako Street to and including the approved driveway access, providing for a minimum 50 -foot wide right -of -way that conforms to Department of Public Works Standard Detail R -33. These roadway improvements, which may include necessary street lighting, drainage improvements and utilities, shall be constructed in a manner meeting with the approval of the Department of Public Works. F. All driveway connections to a County road shall conform to Chapter 22 (County Streets) of the Hawaii County Code. G. Should the applicant submit plans to establish a land use beyond what is proposed in the application, which the Planning Department in consultation with the Department of Public Works determines will generate over 50 peak hour trips, a Traffic Impact Analysis Report (TIAR) shall be submitted for review and approval by the Department of Public Works prior to Final Plan Approval. The applicant shall implement, when required by the Department of Public Works, at no cost to the County, any transportation improvements deemed necessary by the Department of Public Works. H. 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 submitted to the Department of Public Works prior to the issuance of Final Plan Approval. Any drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. I. During any construction, measures shall be taken to minimize the potential of both fugitive dust and runoff sedimentation. Such measures shall be in compliance with construction industry standards and practices utilized during construction projects of the State of Hawaii. J. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. K. Comply with Chapter 11 -55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires a NPDES permit for certain construction activity. L. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11 -46, "Community Noise Control." M. 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 - State Historic Preservation Division (DLNR -SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR -SHPD when it finds that sufficient mitigation measures have been taken. N. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to the Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Plan Approval for any new residential development. -2- O. If the applicant, successors, or assigns develop residential units on the subject 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 for the additional lots or units created. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval for the residential units. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of $8,542.61 per multiple family residential unit ($13,312.70 per single family residential unit). The total amount shall be determined by 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: • $4,213.83 per multiple family residential unit ($6,419.62 per single family residential unit) to the County to support park and recreational improvements and facilities; • $133.18 per multiple family residential unit ($309.68 per single family residential unit) to the County to support police facilities; • $409.67 per multiple family residential unit ($611.66 per single family residential unit) to the County to support fire facilities; • $182.59 per multiple family residential unit ($267.79 per single family residential unit) to the County to support solid waste facilities; and • $3,603.34 per multiple family residential unit ($5,703.94 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, -3- subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. P. 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. Q. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. R. 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. 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. S. 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. -4- COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII 10.31 P W`tel C�wuvwvs r+ ? AN ORDINANCE AMENDING SECTION 25 -8 -3 (NORTH KONA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL —1 ACRE (A -1 a) TO VILLAGE COMMERCIAL — 10,000 SQUARE FEET (CV -10) AT HOLUALOA, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7- 6- 013:017 BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25 -8 -3, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at H61ualoa, North Kona, Hawaii, shall be Village Commercial — 10,000 square feet (CV -10): Beginning at the east corner of this parcel of land, being also the north corner of Lot 1, Portion of R. P. 4475, L. C. Aw. 7713, Apana 43 to V. Kamamalu, on the southwesterly side of Kailua - Keauhou Middle Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station " Kailua (North Meridian)" being 11,002.18 feet South and 9,895.73 feet East, and running by azimuths measured clockwise from True South: 1. 570 54' 275.48 feet along Lot 1, Portion of R. P. 4475, L. C. Aw. 7713, Apana 43 to V. Kamamalu; 2. 1540 1 P 278.91 feet along Hawaii Belt Road, FAP Route 11, Project No. 11A- 03 -69; 3. 2440 1 P 10.00 feet along Hawaii Belt Road, FAP Route 11, Project No. I IA- 03 -69; 4. 1540 11' 121.55 feet along Hawaii Belt Road, FAP Route 11, Project No. I IA- 03 -69; 5. 3100 54' 30" 46.49 feet along Kailua- Keauhou Middle Road; 6. 3070 19' 78.54 feet along Kailua - Keauhou Middle Road; 7. 3110 45' 135.88 feet along Kailua - Keauhou Middle Road; 8. 3000 03' 18.97 feet along Kailua - Keauhou Middle Road; 9. 2870 07' 30" 11.43 feet along Kailua - Keauhou Middle Road; 10. 2800 48' 154.37 feet along Kailua - Keauhou Middle Road; 11. 2910 21' 22.34 feet along Kailua - Keauhou Middle Road to the point of beginning and containing an area of 1.002 acre. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25 -2 -44, Hawaii 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. -2- Hilo, Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII -3- R5 -15 RS -15 pG� R5 -15 FZ RS -15 �yG RS -15 7 7G R5-10 5tL �G'a RS-15 kgy��ygMqC�sT eo AP 9, "0 AGRICULTURAL - ONE ACRE (A -1a) TO VILLAGE COMMERCIAL - 10,000 SQUARE FEET (CV -10) RS -10 d°hl 1.002 ACRES '0 fk RS -15 RS -15 '74_ RS -15 RS -10 �O 7 J RS -10 Z ��G n,DD21a s 9,&95.73'E "KAILUA(NORiH MERIDIAN)" RS-10 RS -15 CV -10 RS -15 RS -15 RS -15 RS -15 S� CV -10 RS -15 CV -10 Feet 0 125 250 375 500 AMENDMENT TO THE ZONING CODE, AMENDING SECTION 25 -8 -3 (NORTH KONA DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - ONE ACRE (A -1 a) TO VILLAGE COMMERCIAL - 10,000 SQUARE FEET (CV -10) AT HOLUALOA, NORTH KONA, HAWAII MAP PREPARED BY: TMK: (3) 7- 6- 013:017 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE: JULY 23, 2014 EXHIBIT "A" Orchid Isle Auto Center Map: 1349 ORCHID ISLE AUTO CENTER CHANGE OF ZONE APPLICATION (REZ 14- 000179) State Land Use Boundary Map General Plan LUPAG Map The applicant is requesting: A Change of Zone from Agricultural 1 -acre (A-1a) to Village Commercial- 10,000 square feet (CV -10) for approximately 1.002 acre of If approved, the applicant will utilize the property to develop automobile storage and employee parking to support the existing auto sales business known as Orchid Isle Auto Center situated on the adjoining property to the south. Condition to mention, Condition B: Tax Map Keys 7- 6- 013:017 and 035 shall be consolidated within one hundred and eighty (180) days from the effective date of this ordinance. E? IVIt7;J[: N {'. `gap: 29I °2 r. i ��•�4 � f or H©L- LAAL -&?Aj HOreTht KONA, vim? �o fv w X00° OS' 101- SD 7 `(-lS,497 �D�„5 -1 IC7.00 4 K^ I L-U A 'f?rX IYIA P Key : 3RD DIY_ 7 -6 -13 �iRC -!. 1 «f�I�►NI fflrHwAY CxIlskTINO t; fAL- 612MHIP BUIUVIWCR _ 4 �J axl5'['IN�SI �I CAR 9i4L-Mr3 X19 WXISTINQ CAM E3^LW!c KEA�u?+oU Sul—Y I. 201�- Planning Director's Recommendation Favorable Recommendation With Conditions LEEWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT NOVEMBER 20, 2014 A regularly advertised hearing on the application of ORCHID ISLE AUTO CENTER (REZ 14 -179) was called to order at 10:10 a.m. in the West Hawaii Civic Center, Community Center, Building G, 74 -5044 Ane Keohokalole Highway, Kailua -Kona, Hawaii, with Chairman Brandi Beaudet presiding. COMMISSIONERS PRESENT: Brandi Beaudet, Collin Kaholo, Thomas Hickcox, Barbara Nobriga, Keith Unger and Thomas Whittemore ALSO PRESENT: Duane Kanuha (Planning Director), Danny Patel (Deputy Corporation Counsel), Daryn Arai (Planning Program Manager), Maija Jackson (Planner), Christian Kay (Planner) and Noriko Sauer (Commission Secretary) And approximately 20 people from the public in attendance. APPLICANT: ORCHID ISLE AUTO CENTER (REZ 14 -179) Application for a Change of Zone from Agricultural 1 -acre (A -la) to Village Commercial - 10,000 square feet (CV -10) for approximately 1.002 acre of land. The property is situated immediately adjacent to the north of the Orchid Isle Auto Center that is located at the northeastern corner of Kuakini Highway and Lako Street intersection, Holualoa 1st and 2nd, North Kona, Hawaii, TMK: 7- 6 -013: 017. BEAUDET: Okay, the second application for today, applicant is Orchid Isle Auto Center, application for a change of zone from Agricultural 1 -acre to Village Commercial- 10,000 square feet, or CV -10, for approximately 1.002 acres of land. KAY: Thank you, Mr. Chair. Good morning. So we take a look at the regional location map. Here in outlined in blue is the subject parcel as located in the Kona Urban Area in Holualoa. We zoom in, we see the subject parcel here outlined in black; it is near the intersection of Lako Street running east -west and Kuakini Highway running north- south. The subject parcel is roughly triangular and about an acre in size. Surrounding zoning and uses are: to the east is the Kona Vista Subdivision and the zoning is Single - Family Residential- 15,000 square feet; to the west is the Kilohana Kai Subdivision; and directly to the south is the Orchid Isle Auto Center and that's zoned Village Commercial - 10,000 square feet; across Lako Street, there is more Commercial, Village Commercial- 10,000 square feet zoning with a gas station and another car dealership. Pardon me, above the subject parcel you'll see the Walua Road right -of -way. That is the legal access to the subject parcel, but it is an undeveloped right -of -way. The applicant has proposed to utilize access through the parcel directly to the south, the Orchid Isle Auto parcel, to access the subject parcel. Surrounding State Land Use is generally Urban and that is in red. There is some State Land Use Agricultural designated areas to the north, and some to the further east Rural designation. The General Plan Land Use Pattern Allocation Guide Map shows the parcel roughly within the Low Density Urban designation; however, there was a determination requested, and if you look at DRAFT Re: Bill 18 /Conan. 64 Exhibit 2 there is a letter to the applicant, stating that we determine that it is actually in the Medium Density Urban designation, which is the orange. Taking a look at the Kona Community Development Plan Concurrency Map, the property is outside of identified concurrency zones, M here in green and L in red. Also of notes it is outside of the nearest TOD designation, which is here in blue. Again, pardon me, the subject parcel is here outlined in black, and it is also within the designated Kona Urban Area, which is indicated by this red line. Here is an aerial photo of the subject parcel, again, roughly triangular around here, Lako Street running east -west, Kuakini Highway north- south. Access to the parcel is off of Lako Street here as again, being proposed, through the Orchid Isle Auto Center, and it would be accessing kind of the driveway area of the subject parcel that way. Again, here to the north of the subject parcel is that undeveloped Walua Road right -of -way. So the applicant is requesting a change of zone from Agricultural 1 -acre to Village Commercial - 10,000 square feet for approximately 1.002 acres of land. If approved, the applicant will utilize the property to develop automobile storage and employee parking to support the existing auto sales business known as Orchid Isle Auto Center situated on the adjoining property to the south. One particular condition to mention, Condition B, would be a requirement that the applicants consolidate TMK No. 7 -6 -013: 017 and 035 within 180 days from the effective date of the ordinance. Here is the applicant's site map, again, showing the existing Orchid Isle Auto Center here to the right, the parcel here, Kuakini Highway down below, and then again the Walua Road right -of -way. This is a picture taken from Lako Street, looking makai; on the right hand side here you'll see one of the entrances to the Orchid Isle Auto Center, and this small paved area here is the entryway to Walua Road. Another kind of closer picture of the Walua Road entryway, you can see it's overgrown with vegetation. Here is a photo that was taken, basically at the top corner of the parcel, looking down toward Lako Street. On the right hand side of the parcel here we are looking at Kuakini Highway, and you can see there is quite a bit of a drop between the highway and the parcel area. Now this is looking up from the corner of the parcel, kind of a terrace, you can see again there is a topography change. Going up higher you can see off in the distance here the Orchid Isle Auto Center building. And a little bit closer kind of up this berm here would be the Walua Road right -of -way. The Planning Director's recommendation for this application would be a favorable recommendation to the County Council, with conditions. This is the end of the presentation, and I'm happy to answer any questions that Commission may have. BEAUDET: Any question of staff, Commissioners? UNGER: Can you just go over some of the conditions'? KAY: Sure. This will be in your packets, in the draft ordinance. And the conditions of approval are actually on the blue sheets. The first, the major condition here is, again, that those two TMKs will be consolidated within 180 days from the effective date of the ordinance. We also have a condition here requiring the applicant to secure Final Plan Approval for the parking lot from the 2 DRAFT Director within 180 days of the effective date of the ordinance as well. Those plans should identify the paved driveway accesses and parking stalls associated with the proposed development, as well as landscaping should be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with Rule 17, Landscaping Requirements, of the Zoning Code. Prior to the construction of any new structure on the property in the future, the applicant would need to secure Final Plan Approval from the Director in accordance with the Zoning Code. Right now, the applicant has not said there are any future plans for constructing any structures, but we put that in there just in case, as the zoning changes, that it may be available to them. If the applicant wanted to utilize the Walua Road remnant for vehicular access, the applicant would widen and improve the remnant from its intersection with Lako Street and including the approved driveway access, providing for a minimum 50 -foot wide right -of -way that conforms with the Department of Public Works Standard Detail R -33. The roadway improvements, which may include necessary street lighting, drainage improvements and utilities would be constructed in a manner meeting with the approval of the Department of Public Works. Should the applicant submit plans to establish a land use beyond what is proposed in this application, which the Planning Department in consultation with the Department of Public Works determines would generate over 50 peak hour trips, a Traffic Impact Analysis Report would need to be submitted for review by the Department of Public Works prior to Final Plan Approval. BEAUDET: Christian, excuse me. KAY: Yes. BEAUDET: If the Commissioners have any specific comments or questions regarding the condition, because the conditions have all been set and have all been reviewed, so if there is specific concern or question, then maybe we can get to that. UNGER: Is there any height limitations on structures? KAY: Within the Village Commercial zoning is 30 feet. UNGER: Okay, so that would be the limit. KAY: Correct. BEAUDET: Any more questions of staff? Thank you. I would like to ask the applicant or its representative to please come forward. Just, again, in the consciousness of time management, there have been four individuals from the audience who wish to testify, if you could come up to the front, then I could swear all of you in at the same time. I have Dan Hoff, Diane Blancett- Maddock, David Blancett- Maddock and Curtis Tyler. UNIDENTIFIED PUBLIC MEMBER: Excuse me. Do you take questions from the audience (inaudible)? BEAUDET: You would have to sign in with staff, and then come forward. (Secretary's note: A public member informed the Chair that Mr. Tyler was outside the meeting room.) Okay, thank you. I'll just swear all of you in for right now. Do you swear or affirm to tell the truth now before the Leeward Planning Commission? DRAFT APPLICANT'S REPRESENTATIVE AND TESTIFIERS: I do. BEAUDET: Thank you. Applicant, if you could introduce yourself. FUKE: Good morning, Mr. Chairman and Members of the Commission. My name is Sidney Fuke. I'm a planning consultant and I'm here assisting the applicant. My business address is 100 Pauahi Street in Hilo. HANLEY: I'm Joe Hanley, owner of Orchid Isle. My address is in Hilo, P. O. Box 4397. FUKE: Thank you very much. Mr. Chairman, the applicant has had a chance to review the staff's background report and the proposed conditions, and found them to be on point, and all of the conditions are acceptable. I just wanted to give you a little bit of background as far as like how they came across this property. In the late 60's, the County had either acquired this property or had this area donated to the County in anticipation of constructing a fire station, but, because the only fire station existing in Kona way back in the early 60's was only down in Kailua. And what happened then was subsequently the County constructed a new fire station along Palani Road, and then they constructed another one down in Captain Cook, Kealakekua, and then finally above Keauhou and Pu `uloa, and then the last one, of course, in Makalei. So if you look at the entire stretch of North and South Kona, you pretty much like have all of the different areas covered. So back in 2007 the County decided that there was really no need for this particular parcel because as you can see from the photos that the staff has shown on the board, this is a remnant parcel, and the only access, realistic access, is coming in from Walua Road after the extension of the Queen Ka`ahumanu Highway at the Kuakini Highway intersection. So the County elected to put the property on auction. The adjoining property owner, which is the applicant, acquired the property in 2007. Since that time over the years what had happened is that they kind of gradually improved the site. So as you can see from the staff's photo, the site is now like a quasi- improved into like a parking area where the applicant currently uses it for their overflow staff parking, as well as, you know, when they have excess vehicle coming into the area. The staff's condition, you know, to answer Commissioner Unger's question, is that some of the more appurtenant one is that first of all the staff is recommending that the two properties be consolidated. And the staff (sic) has no objection to that because that is the intent. Because if you have these two separate parcels being developed separately, then whoever is going to develop the subject parcel is going to have to sustain a lot of cost because you are going to have to improve and maintain, not maintain necessarily, but you are going to have to improve Walua Road, and you can see, you saw the decrepit condition of Walua Road right now. So they require that, you know, the lots be consolidated into one. Secondly, that they do have to come in for Plan Approval, you know, to legitimize what they already have right now, and alternatively if there are going to be any other kind of uses on the property, other than the auto storage or employee parking use, then they are going to have to come in for Plan Approval. I know there have been some concerns, you know, relative to height, you know, and, Director, to answer your question, the current zoning of the property is Ag -1 and the height limit within the 4 DRAFT Ag -1 zoning right now is 45 feet. And by having this rezoning, then, of course, you have a reduction of, by 15 feet. This is not to say that that is the applicant's plan; the applicant's plan is to continue using it for the way it's been using it for the last five or seven years, you know. But in the unlikely event at some point in time in the future, there is like, there are alternative uses for this area, then they are going to have to be capped at whatever the Zoning Code is, which is the 30 -foot height limit. I think that's pretty much like our portion of the presentation. So if there are any questions that the Commissioners may have, we would be more than happy to answer. BEAUDET: Commissioners, any more questions of the applicant? Okay, thank you. Since we open this part of the discussion, I have more people from the audience wishing to testify. So if I could please ask the applicant to step back, that will provide more seating. We had one more testifier signed up; Michael Richards, if you could please bring yourself to the front. So I'd like to swear in at this time Curtis Tyler and Michael Richards. Please raise your right hand, sir. Thank you. Do you swear or affirm to tell the truth now before the Leeward Planning Commission? TESTIFIERS: I do. BEAUDET: If we could just start from the far, my far left, or your far right, and, oh, okay, I'm sorry, special request for Mr. Tyler. If you could please introduce yourself, I know you've got some time constraints, and proceed with your testimony. TYLER: Thank you, Mr. Chairman, Members of the Hawai `i County Leeward Planning Commission. My name is Curtis Tyler. I'm a lifetime resident of Kona, and I'm a co -owner of Parcel 13 of Kona Vistas, which is directly adjacent to and mauka of Walua, excuse me, the Old Kailua - Keauhou Road that some of us used to take to go to school in the morning when we went mauka, elementary school. I have no objection to the consolidation and rezoning. I have a very major objection to the use of, to the possible use as recommended by the Department of Public Works letter dated 8- 28 -14, which is in your informational packet and the background report, saying that the road would need to be widened, etc. When Orchid Isle Auto Center approached the County to purchase this one -acre property, a resolution was brought forward for that in accordance with the Hawaii County Code. As I recall, and I apologize that I don't have the resolution in front of me but certainly your staff can find it, there is a provision for the use of the portion of the old road for any vehicular purpose and no access from Orchid Isle Auto Center, it is not permitted; it was a condition of the sale. And the reason for that is because this is a residential district, we don't want a 50 -foot road there, and there is a possibility, as stated in the resolution, and if you go back and look at the testimony, that this might be a continuation of the Walua Walkway Trail; it was never thought to use it as a roadway. So I would say that if that's one of the conditions that the road be improved, I would ask the Planning Director to please go back and check with the County Council regarding the condition of purchase of the property. I also recall that there was a request, I can't remember if it was a condition, that any moneys that were derived from the sale of the public property remain in the district in which the property was located. DRAFT I have no other comments at this time. I would be happy to answer any questions that any of you might have. Thank you for this opportunity. And I appreciate from the others the opportunity to go first; I have an eleven o'clock appointment. BEAUDET: Thank you, Mr. Tyler. Any questions or discussion with the testifier, Commissioners? Thank you. TYLER: Thank you, sir. I appreciate it. I hope you will look into that before you approve the condition. BEAUDET: Thank you. We appreciate that. We'll start at the far right. If you could please state your name. DIANE BLANCETT- MADDOCK: Hello. My name is Diane Blancett- Maddock. I live on Kamehamalu Street, right above from the proposed change. One of my concerns is that the conditions that you are proposing that they submit a parking lot plan and landscaping things be done before the approval is done by the Planning Commission to make sure that they do comply with what you are asking them to do, because if you approve the change before the plan, there might be a chance that they will not do what they are supposed to. And I just drove by there today, and they already have paved the parking lot, they are already using it for the conditions that they are asking for now. It's a paved parking lot, there is a wall, there are cars on it; so they have already been using this location before they had the zoning change, as an agricultural thing. The other thing that I'm concerned about is my house has an ocean view and a coastal view currently. If you permit any additional height, if you permit any additional growth on this property, on this site, I will lose my ocean view and my coastal view. Currently, this plan, this location is about 30 feet above the highway, so you are putting 30 feet there and you are putting 30 feet above that, you are going to talk about 60 feet or whatever the height restrictions are. It's going to really block up the view of all these houses in the Kona Vistas Estates. I can currently see the location, the top of the roof already of the two - tiered building there. They are tiered up and they go all the way up this, they go up the mountain, the side of the mountain. They are not on the highway as the other commercial uses are; they are above that. Thank you. BEAUDET: Sir, please state your name and your residence. DAVID BLANCETT- MADDOCK: David Blancett- Maddock. That's my wife. I always let her speak first. I also live on Kamehamalu. I have a several things and I have a couple of questions, if someone here could indulge me with the answers to those. Let me skip to one before I get to the other issues that are really primary to me. There is a condition here that the two properties merge as a single property for zoning purposes. My question is, how will you measure height once that happens? As you know from the topography running from north to south along the highway, that the topography rises at this location to probably its peak, and it then recedes down along, and if you look at the rest of the commercial zone that moves to the south, it runs into a valley where the lava has flown its highest point here. My wife has mentioned that there is nonconforming, what I would, in the terms I understand, it's a nonconforming, illegal use that's there currently. They are using it for the purposes that they are proposing to use it for. They may or may not do that in the future once the zoning change takes place. But if you consolidate these two properties, will you be measuring the height requirements from the highest point on the property, which will now be 6 DRAFT additional 20 feet higher than it is on the property that's below and zoned separately. If it is, I oppose that consolidation, because what it's going to do is it's going to increase the actual height restriction, rather than lessening it. We would actually be looking at, you know, this, what is it, 25 or 30 feet from the highest point. If that's the case, then that's going to be problematic. The entire property, I'm not, the entire property would be subject to those requirements. So I have some concerns about that, and I would wonder if someone here could answer the question about how they would be measuring the height, if the two divisions are joined. The other thing here is that, what she's talking about topography is, as you know, well, let's go back about the historical thing that was said here. I was looking at the sale of the property as it appeared back in August 23, 2006, when the County agreed to sell what was going to be a fire station. And there were restrictions at that time, not only to the highway but there were expectations from this owner as a condition of the purchase that they would develop certain things to accommodate the trail, they were supposed to provide water and parking for the public. Instead, they put their own uses into, on this property without any regard to the public. It seems to me that we have to be careful about the conditions where there is a history of an owner who violates both the law and the conditions that they obtain the property through. So I would ask that the Commission take a careful view of the conditions it's making and make sure that they make these things stick. As one commissioner mentioned, you can tear any of this stuff apart in time. This is an odd district to begin with, because they've taken and made commercial out of this entire portion along there, and it goes all the way back up against the properties of Kona Vistas Estate, as you go to the south and to the west. We are going to have to be dealing with those height restrictions as time goes on. But that is a valley there. And now we are looking at raising the ultimate levels of these blocking the ocean. And if it is allowed to consolidate and those heights do go to the second portion of the property, which goes there, ultimately we'll lose the coastal view, which is what people bought their properties for in first place. And this is primarily, it's primarily a residential district on three sides. As to the use itself, we don't know what the future uses would be, once you give them this commercial, this is the highest level of commercial view that I could find in your code. It comes just next to industrial, and so it really has the ability to encroach on neighborhood uses in a large way. I find it odd that they zoned this in this manner, because you have Neighborhood Commercial districts, which are used almost everywhere else; this is the only one that I can see in this area. Yet they chose to put this here. Well, we can't challenge that at this point, but we do have to be careful that the uses are congruent. Your code actually calls for that as part of its purpose and part of your job here today. And I believe that this Commission does look into those issues. This particular use is an automobile usage. Now, if you've been around automobile usages before, you know that sometimes you have good neighbors, which I think these are probably good neighbors from what I can tell, I haven't seen any problems with them, or you can have bad neighbors, and we never know who they are going to be. But in making your conditions you always have to kind of look at those bad neighbors and say perhaps maybe one day there will be a bad neighbor here. In the use of automobile usage, if they use this for storage, we are now talking about them having open and notorious as opposed to what it would be, my old friend used to say if it's illegal, keep it illegal, because people behave themselves; once we make it legal and this thing comes into conformance, they tend to use all of the advantages that they have on the property. That's just a normal use of an owner. 7 DRAFT We have issues over height, issues over sound and issues over light. Now, the light issues are twofold here; one is with the widening of the highway, or the improvement of the old highway there, it is now currently abandoned, or the, and also on the site itself. Now, normally when a person operates an automobile dealership, their concerns are over security for example. So what we see, tend to see among automobile dealerships is a very large increase in the use of lights; we'll see lots of lights on the property. The lights are between these houses and the ocean. One of the things that, the beauties of our island is that we get to look at the ocean, and at night we look at the ocean, and we look at the coastline and the sunsets. And when there's too many lights, I know that even here we dealt with lighting from the point of view of the Department of Public Works, puts in special bulbs that don't interfere with the observatories, all those kinds of things. We have to be very concerned that they don't install lighting here that's going to interfere with the neighbors. I think they aren't using lighting right now. I don't think they should be using it; it should be a condition of the use in the change. The other thing that I would say about noise is that when you have this type of use, there is a lot of talk, there is a lot of story in this about the efficiency of their operation. When you start to use this openly and notoriously, one of the things that car dealerships have all done notoriously is to use PA systems to call their employees back and forth from these areas. These PA systems are immediately adjacent to a neighborhood. Again, as the restrictions go, I would ask that you consider putting restrictions on no outdoor PA systems. Also, on noise are the fact that they are parking a large number of cars. The cheaper security for a car lot is to turn the alarms on on the cars. When you have a densely populated area of cars, the normal density would be what would be a residential district; it's one or two cars per household. They usually don't use or operate their alarm systems. On a car lot you might have 300 cars that have car alarms. They can go off any time. Now, I don't know, my wife will tell you we are new here, we've only been here, we've had this house for a year, but I don't know how your enforcement can work with those. When alarms go off, they generally don't do anything about it, rather than ignore it. And what will happen is with that happening these car alarms can go off for hours when people are trying to sleep and get ready for work in the neighborhood or just to enjoy the beauty of Hawaii. One last thing on this issue of this tiering, I can't emphasize enough and I am going to ask if someone could please answer the question of how they will measure this height, if you put these two divisions together. Because currently there is a two and half -story building, or a two -story building -. BEAUDET: Thank you, sir. DAVID BLANCETT- MADDOCK: Yes. BEAUDET: We have more testifiers, and -. DAVID BLANCETT- MADDOCK: I'm sorry. BEAUDET: This is a question that you opened with. So we'll address that. DAVID BLANCETT- MADDOCK: Thank you, sir. Thank you for your time. 8 DRAFT BEAUDET: Staff, maybe if you could comment on the height regulations and where the one -inch mark is and where the 30 -foot mark is for Commercial zoning. And if we could just go back, a little earlier someone commented from staff that the Ag -1 zoning had a height restriction of 45, and the Commercial zoning under the current application would restrict the height to 30 feet. So if we can reiterate that. DAVID BLANCETT- MADDOCK: Mr. Chairman, can I ask one question to you? Would not, and also would not Agricultural height restrictions be limited to agricultural uses, which are different than commercial uses? BEAUDET: Staff? ARAI: Okay, for property designated as Agricultural there is a 45 -foot maximum height limit for structures associated with an agricultural type of use; however, if, I'm trying to do this from memory, but I thought there was a provision that if it's a structure, such as silos, that stores the type of agricultural product, you can actually go higher. And I'm trying to remember what that height would be. But on a, and you need to substantiate or have established a significant agricultural activity in order to warrant that type of associated structure. So normally when we look at a proposed structure, it has to be commensurate with the level and scope and scale of the activity occurring on the property. So hopefully, that provides you with some reassurance. And you are correct; the height limit in the Village Commercial zoning district is 30 feet. And that is for main type of structures. When there is an accessory type of structures, such as an associated shed or something, then 1 believe there is a 20 -foot height limit. Now for the difficult part. I'm tempted to read you the section of the Zoning Code that talks about height, but I think I'll probably confuse everyone a lot more. So what I'm going to attempt is that on a property that's sloping we do take the average grade, and what we do is we look at a reference point, five feet from the exterior boundaries of the exterior walls of the building, establish the datum on either side, and if the difference between the high and the low spots is less than ten feet, then we measure it from the lowest spot; if the difference between the high and the low is more than ten feet, then from the low spot we make a reference point at the ten -foot mark, and from the ten -foot mark we measure the 30 -foot up to the mid -point of the gable of the roof. Clear? DAVID BLANCETT- MADDOCK: In other words, in simple terms, if these were joined, it would ultimately raise the level of height restriction for this property, if something was built anywhere on the new property. ARAI: That is not entirely correct, because, as I mentioned, the reference points are five feet from the exterior wall of a structure; so it's not averaging out the entire elevation of the property. DAVID BLANCETT- MADDOCK: Just for clarification then, if they decided to build on the new property, and the new property then would be the reference point that would establish the reference point. And since that's the higher point, the reference point would be from the highest and lowest points on the structure to be constructed. In other words, if they make a choice to build on this new property, it will ultimately raise the level, if you look at the actual level above sea level, it will raise the level above sea level that the structures can be. 9 DRAFT ARAI: If measured from sea level, yes, just due to the elevation of the property. But again, that is why the Code when it defines height, it defines it by building height; it's not height of property. DAVID BLANCETT- MADDOCK: I understand that. So just for clarification then, if we do not join these property, then only the structure that's built on the property could have that advantage. This property, the, any structure that might be built on to the old property would not have that advantage. ARAI: There is no advantage one way or the other -. DAVID BLANCETT- MADDOCK: Why? ARAI: Consolidation of the property doesn't alter the ability to increase or decrease the maximum height that is allowed. As I mentioned, the reference datum, so the reference point by which we measure the height of a structure is based on the footprint of the property as it sits on any particular location. DAVID BLANCETT- MADDOCK: So if the construction crossed the property - BEAUDET: Let me interject. DAVID BLANCETT- MADDOCK: I'm sorry. BEAUDET: The purpose of the hearing is for the applicant to state its purpose, and if there are concerned members of our community, then it is also to provide them with the ability to share their concerns with the Commission so that we can make an unbiased vote based on both sides of discussion. So I think it's clear that your concern with the construction of buildings on the property is a height issue, and it's a visual plane issue. So I think we can just take that and move forward. DAVID BLANCETT- MADDOCK: Thank you, Mr. Chairman. Thank you for your indulgence. BEAUDET: So I'd live to move on to you, sir. HOFF: Good morning -. KANUHA: Mr. Chair? HOFF: My name is-. BEAUDET: Oh, one second, sir. KANUHA: One more point of clarification. And the height determination is taken from finish grade, okay? BEAUDET: Sir? HOFF: Good morning. My name is Dan Hoff. I reside at 76 -130 Kamehamalu Street. It's a single- family home, single -story home. We purchased the house, my wife and I, in 2011. We've 10 DRAFT been fulltime residents in that house since 2012. I've also been a property owner on this island for over 35 years. Our home is mauka of the property that's the subject here today. And speaking strictly on behalf of myself and my wife, we are opposed to this zoning change. I submitted an information sheet before the hearing that shows three Google Earth photographs. And the top photograph, as indicated, was taken in 2006, and it shows the property apparently covered by vegetation. The property, as has been noted, was purchased by Orchid Isle in 2007. By 2010, the next Google Earth image, which is in the center, shows that the property has already been paved and is used for parking and apparently for vehicle storage. And the final photograph at the bottom, very similar to the one above it, shows it in the most recent Google Earth image, which was 2013. In a 21 -page County memorandum dated August 6 of this year regarding this zoning change, there are hints that the property is already being used for vehicle storage and has been paved, but it doesn't really say that. Throughout much of the memorandum Mr. Hanley, the principal, Orchid Isle Auto Center, indicates several times he has no intentions to do any more with the property other than parking. However, should the zoning change, intentions could change just as control and ownership of this property apparently changed a few years ago when it passed from one generation to the next. A change from Agriculture to Commercial Village could mean the owner could place the following on the property: a bar, a repair facility, a convenience store, which could be open 24 hours a day, a funeral home complete with a crematorium and several other businesses. Under Agricultural zoning the owner would have to get a special use permit to erect, or have erected, a cellphone tower, which could easily be well over 100 feet tall; under Commercial Village zoning the tower would be permitted and there apparently is no requirement for a special use permit. I understand the zoning change could be, if it was implemented, the County would be entitled to additional property tax revenues; I do not believe that should be a motive for a change of zoning. I have absolutely no objection to Orchid Isle Auto's current use of this lot for parking and vehicle storage, and I would hope the property remains as it is today, being used for parking and auto storage. Because the owner has already paved the lot, which should not have been allowed under the current zoning, because of the myriad of changes the owner could make to this lot with a zoning change, I repeat my opposition to this zoning change. I hope the County and Mr. Hanley can work out some arrangement where the parking lot stays and the zoning remains Agricultural. Thank you. BEAUDET: Thank you, sir. If we could move on. RICHARDS: Thank you, Commissioner. And I'd like to thank you for accepting my questions at this late time. I'd also like to thank my neighbors for their comments. My name is Michael Richards. My wife and I, Young, live on Kamehamalu Street. We are fairly new here; we came here after serving three decades for Uncle Sam in some of the less nice places of the globe, Iraq, the West Bank, etc., and we chose Kona because we were very impressed with it and we liked it very much, the quiet and the beauty, and hope to be able to retire, looking at our, sitting on our lanai and looking at the ocean. I'm afraid that if the Commission does approve this request, we will not be able to do that. So I would like to ask two questions. The first has to deal with the memo submitted by the Department of Water Supply on 3 September of this year, in which they are speaking about fire hydrant location and safety issues, saying that it should be the, any new structure and existing structure should be within 150 feet of an existing fire hydrant. And they make note that if a structure were to be built, as the business is requesting, that it will be 400 approximate feet away from the structure. And I was wondering if anything was going to be done about that issue to DRAFT protect the structure and the surrounding homes from any sort of possibility of fire. So I appreciate it if that could be answered. Also, in its application dated 15 July of this year, application for rezoning, in the county environmental report section, Section fV, Part J on Pages 6 through 7, the business addresses the issue of visual considerations and states that from the highway there will be no impact visually upon looking up at the mountains mauka side; it does not address the impact going the other way, looking towards the ocean from the landowners. And I want to point out this was not addressed, because any building that would be placed upon these newly rezoned lands, will in fact provide derogatory experience to the landowners. And while I don't want you to step in the way of businesses doing business, I do want you to reaffirm, or to affirm, for the Commission that, as homeowners here, we also have a stake in keeping Kona beautiful and in also enjoying the land. That's it for my questions. I thank you very, very much for listening to me at this late time. BEAUDET: Thank you, sir. Any questions or comments from the Commission? Okay. If there are no more questions for the testifiers, I'll just ask one more time if there is anybody else in the audience who wishes to testify, please come forward. Thank you. If we could just go back to the initial testifier, Mr. Tyler had a comment, or a concern, relative to the development condition of the old Walua Road. If, staff, if we could just visit the discussion. ARAI: I don't have the resolution with me right now. We are trying to make a few more copies, so we should have that back shortly. But the resolution does make reference to the sale of the land to, I think it was Interisland Motors back in '07. And one of the concerns expressed was the potential, that the property was not, the use of the property was not conducive due to the size of it, I guess, so the question was raised. Another point that was raised was concerns about the commercialization, or the potential commercialization, of the property and its potential impact upon the residents nearby, the nearby subdivision Kona Vista. So that is what was contained within the reso, as a whereas. As far as the directive, it directed the sale of the property, but there was no further mention about any specific restrictions as part of the sale of the particular property. So we are trying to assess what the language within the resolution actually means and its implications upon this application. BEAUDET: So could the condition stay as it is now without revisiting the resolution, or do we need to do that and make any changes that would adhere to the reso? ARAI: From what I remember reading of the resolution, I think the Council made it explicitly clear that utilizing Walua Road for vehicular access would have a significant adverse impact. So I would think in order to be consistent with the findings within the resolution, we would have to amend the condition and pretty much put a prohibition or restriction on use of Walua Road as, for any vehicular access associated with this property. BEAUDET: So that would in fact remove access to Lako from the current designated access point; we would need to remove that. There was a phot of the one truck that was parked next to the remnant road, right? Which could be viewed as a driveway. ARAI: Right, but that's, it's hard because Walua Road is not really a part of this application; I mean it affects a property adjacent to the Walua Road right -of -way, so if there is any management 12 DRAFT of the use of the roadway for vehicular type of activities, it will probably fall on Public Works or the County to manage the use of land and put up additional barricades -. RICHARDS: Excuse me, can I interject for a moment for that? ARAI: Maybe not right now. BEAUDET: No, not right now, sir. Thank you. ARAI: So I think the condition in the ordinance, the proposed condition, required the consolidation of the property with the Orchid Isle Motor's property, that would go a long way toward reassuring that all traffic, or all vehicular access, would be channeled through the existing access points associated with Orchid Isle Auto Center. And that should address any potential impact to the Walua Road right -of -way. BEAUDET: Thank you. KANUHA: Mr. Chairman, I think the reason that, actually I know the reason the condition is in there is that Public Works in commenting on this application noted that in the event Walua Road was to be used for access, then these other requirements that they are going to put on here. Based on Mr. Tyler's testimony — and I think, after I get through commenting, I think it would be a good idea to have the, bring the applicants back up and revisit what their thoughts are regarding the commentary provided — but we definitely have to probably amend the specific condition, because it does give implications that in the event Walua Road is used for access that certain improvements would be made. And we don't believe that that was the intent. And again, it's not part of this application. BEAUDET: Thank you, staff and Director, for your comments. I need to ask for a motion to close this portion of the public hearing. RICHARDS: Excuse me, may I make one comment on that? I think it's not factual; that I think there has been a small mistake made in this street, and I would just like to address that, if possible. BEAUDET: Well, okay. RICHARDS: Thank you very much. My name again is Michael Richards. From my reading of the paperwork, if the business wanted to use the road, Walua Road, it would be able to. The cost of providing upgrades, including re- grading, widening, guardrails, drainage and street lights, would then be placed upon the company, not upon the County, but the permission was part of the conversation back and forth between the County and between the business. Thank you. BEAUDET: Thank you, sir. With that, any more comment from our public testifiers? Okay. If I could ask for a motion to close this public hearing portion? HICKCOX: Mr. Chair, I move that we close the public testimony section of this hearing at this point. BEAUDET: May I have a second? 13 DRAFT NOBRIGA: I second. BEAUDET: Thank you. It has been moved by Commissioner Hickcox to close this portion of the public hearing, and seconded by Commissioner Nobriga. All those in favor? ALL COMMISSIONERS: Aye. BEAUDET: Unanimous decision to close the public hearing portion of this application. Thank you for your comments. Your concerns have been noted. I thank you for your time. I'd like to ask the applicant to come forward again. So I think the concerns of the surrounding neighbors were pretty clearly communicated. And if you'd like to take the opportunity to maybe comment on those concerns. FUKE: Thank you very much, Mr. Chairman. I think that notwithstanding, you know, having read the resolution, you know, there are a number of whereases but, you know, there were never conditions when the, were expressed, you know, in conjunction with the sale, but, nevertheless, in the spirit of the conveyance I think that the intent was not to have any portion of the subject property utilize Walua Road for its access. And I agree with the Planning Director that the existing Condition E seems to kind of suggest that maybe there is a kind of opportunity. So I discussed it with the applicant, and the thing that what we'd like to propose, you know, in deference to that concern is deletion of Condition E in its entirety, and the substitution of the following: It would read, " Walua Road shall not be used as vehicular access to the subject site." So it just makes it very, very clear that, you know, in tandem with the other condition that the staff is proposing, which is to mandate the consolidation of these properties, then obviously the only way that this area can get access to, eventually, to Lako Street would have to be through the existing parcel and not from Kuakini Highway or any portion of Walua Road. And as a matter of fact, right now the access to the, you know, the auto service facility does not come from Walua road; it's actually blocked off. The access to the Orchid Isle Center comes in directly from Lako Street, and they will continue to utilize that access in eventually servicing this area as is currently happening. So, you know, that would be the deletion of Condition E and, you know, substituting basically what I just read. And in deference also to the height, you know, Mr. Hanley recognizes the concern about height and, you know, his primary intent is essentially to, you know, what you see is basically what you get, I mean, that is the intent. But, nevertheless, as the gentleman has pointed out, one of the testifiers has pointed out, there is always the possibility that, you know, the automobile industry might go kaput and we just find different ways of transporting ourselves, and so they may have to find some different uses for the property. So in deference to that, you know, relative to the height, you know, the applicant would be willing to have a condition that would say essentially, as represented by the applicant, the maximum height of all structures for the subject site shall not exceed 20 feet or one story. So currently right now, you know, like you have a 45 -foot height limit and, you know, truly it has to be agricultural activities. But bearing in mind that within Agricultural zone residential dwellings are also allowed. So conceivably you could have like a three -story 45 -foot high structure and accessory structures in that area, a barn or whatever have you. Under the current CV zone, you know, it reduces it down to, from 45 down to 30 feet. But what the applicant is saying is that okay, fine, you know, he recognizes the adjoining property owners and so he will just cap it at the single story and no higher than 20 feet, if there is going to be any structures. And at this point in time the applicant has no intention of constructing any structures on the property. But as was indicated 14 DRAFT early, you can never predict what's going to happen five or ten or twenty -five years down the road. So with those two proposed amendments, Mr. Chairman, if there are any further questions that you may have, or unless Mr. Hanley has (Secretary's note: Mr. Fuke briefly spoke to Mr. Hanley), you know, we'll be more than willing to answer. KANUHA: Mr. Chairman. Again, Sidney, just to clarify the second proposal to limit the height to one story or 20 feet, that's something we can't impose on you, because if the zoning goes through, that's what the height limit is going to be, unless the applicant is acknowledging that it's voluntary as, it's an agreement by the applicant that that's what they will abide to. Is that the Commission's understanding? FUKE: That's exactly, I understand that like normally, you know, if the code says one thing, unless the applicant openly exceeds that they would like to have this reduction, it's kind of hard to have that, you know, made as a condition. And that's the reason why I had suggested, pursuant to that understanding, said, "as represented by the applicant," that the height of the structures, you know, all structures shall be, you know, capped at the two - story, I mean, one story or 20 feet. KANUHA: Okay. I hope that's clear to the Commission, but that's not withstanding what the Commission will decide to do, right? BEAUDET: Any questions or comments of the applicant? WHITTEMORE: I've got a question, and this might best be directed to the Department. I'm just, and I don't know if this falls under Planning or more Public Works. But looking at the photos, it was interesting to see the work that had been done that I assume was permitted? ARAI: Commissioner Whittemore, the improvements shown on the subject property were not reviewed and approved by the Department prior to it being established. WHITTEMORE: And that normally would have been the case, correct? If it -. ARAI: Normally, we would ask that any proposed use of land be first reviewed and any appropriate permits or approvals be secured prior to its establishment. WHITTEMORE: Okay. Then my next question would be directed to the property owners. When were those improvements made? HANLEY: This is Joe Hanley from Orchid Isle. The improvements were made around 2008. I guess it started maybe six months after I acquired it. The purpose of the land use was to take customers' and employees' cars off of Lako Street due to lack of space. So once I got it, I cleared it based on what I would be allowed to do based on the amount of movement of earth. We removed very little of the land, of the earth. It was all moved in the place, the topography of the parcel was very limiting in its use, and it kind of, it mirrors what you see at the original facility where we have a three - tiered facility. So we basically just leveled off those three areas and put some paving and then a retaining wall, so we could have pulled all these cars that had been parked on the street. So that was it in a nutshell. 15 DRAFT WHITTEMORE: Was there any thought given to, or advice given to you as far as getting permits? It seems a little, kind of after the fact that we are looking at this now when it probably should have been addressed back in 2008. HANLEY: I was, the contractor I used told me I didn't need to do any permitting for the type of work I was going to be doing, so I did not do it. HICKCOX: Mr. Chair? BEAUDET: Yes. HICKCOX: If I may, question. Is it an illegal activity at any point in time to, or are there any restrictions in reference to paving on Ag zoned lands? ARAI: If there are any restrictions, those restrictions are tied in with, associating the proposed improvements with the uses typically permitted on the Agricultural designated lands. So being that they represented that the improvements were to take care of employees' and additional car storage and customer parking, that is directly to the commercial activity occurring on the adjoining property. So what occurred was improper and in violation of the code. KAHOLO: I've got a comment, owner. When you purchased the property in 2008 and you decided to pave the lot, what was your mindset at that point? HANLEY: Let me make sure I understand it. At the time I bought it, what was my purpose for purchasing it? KAHOLO: After you paved it. HANLEY: To use it to park the vehicles that I sell, my employees' parking and customer parking. At any given time the percentage of those types of parking uses vary, whether there is a heavy shop load or a lot of trucks. We sell a lot of trucks, you know, commercial trucks, whether it be, it services ag, fishing, ranching, you know, so we do a lot of truck business there. So the primary intent was to get all of these vehicles that were on the roadway on Lako off the road. KAHOLO: So my understanding is your priority was safety? HANLEY: That was-. KAHOLO: For the general traffic going up and down, and vehicles parked on the Lako road? So with the intent, safety was your biggest concern to do what you did for the property? HANLEY: That was part of the purpose. We would have pretty much both sides of the street tied up with a lot of cars, and so the intent was to get those vehicles off the road. KAHOLO: Where I'm going at is, you know, if safety plays the fact that, we always look at the community, and with that stated, if you have all the types of vehicles out there, you know, you need to get, need to put it some place, whereas you take it away from the public to make the public right -of -way a lot safer than what it is. That's where I'm going at. 16 DRAFT HANLEY: Right. There was a zone change moratorium back at the time I bought that. So, a zone freeze, I'm not real knowledgeable in what that entail, but essentially I couldn't apply for a change at the time. PATEL: Chair, if I may, just to bring everyone back, keep in mind that what we are working towards today is a determination of whether or not the application meets the statutory and the rule requirements of the Commission. So as much as possible, if we can keep today's proceedings, you know, in line with the scope of that, that would be great. BEAUDET: Thank you, Counsel. I think that's a good point that has been brought up; the focus is the application and for what it will bring in the future. And I think we should keep our focus on that. So with that, Commissioners, any further comments or questions to be had with the applicant? Applicant, would you, is there anything that you want to conclude or -? FUKE: I guess just in summary, Mr. Chairman, as your counsel has advised, you know, in looking at this application from, you know, the regulatory standpoint, you know, the General Plan, the Community Development Plan, you know, and the basic infrastructure, we believe that this request is a reasonable request. There were concerns raised relative to some of the, you know, the mitigation aspects, and I think that to the extent possible, we've tried to address those mitigations vis -a -vis two proposed conditions that we had offered, one relating to no access from Walua Road and the other one capping the height limit to a single- story, 20 -foot limit. The other thing, you know, just for your information and I guess maybe for the public information, you know, relative to the issue about the fire hydrant, it should be noted that, you know, sure the fire hydrant is 400 feet away, but what happens is that when you are on the same property, the Building Department reviews all building permit applications, and at that time the Fire Department weighs in on the application and they make a determination specifically during the building permit process, as far as whether your fire mitigation meets their code or not, so. BEAUDET: Okay, thank you. I appreciate the summary. So that will be all? Thank you. FUKE: Thank you. BEAUDET: If staff could present the revisions for the conditions as was suggested by the applicant. Do you have something ready that the Commission could hear? ARAI: Okay. To address the resolution that was mentioned by Mr. Tyler and as recommended and agreed to by the applicant, there was a proposal to eliminate Condition E as currently written, which speaks to improvements to Walua Road, and replace it with a new Condition E, which would restrict access to Walua Road, and that can be accomplished by the following language: New Condition E will read, " Walua Road should not be used as vehicular access to the project site." To address the representations regarding the maximum height limit to be applied to this property, we would like to recommend a new Condition F, as in Frank, that shall read, "As agreed to by the applicant, all structures upon the project site shall be limited to one story and a maximum of 20 feet in height." So I hope the language is agreeable to all the parties, to the Commission and to the applicant. 17 DRAFT BEAUDET: Okay, if any questions or comments from the Commission on those two revised conditions? UNIDENTIFIED PUBLIC MEMBER: Mr. Chair? BEAUDET: Sorry, sir, the public hearing portion was closed earlier. HICKCOX: Mr. Chair? BEAUDET: Yes. HICKCOX: As stated earlier, could we impose a condition on the height limitation at this juncture? KANUHA: As I, in my discussion with the applicant, we can't impose a condition that's contrary to the zoning, unless the applicant agrees themselves, you know; if they offer a restriction on the zoning, then it will be permissible. So that's why the condition is worded such that based on the representations, you know, of the applicant, that this is what the condition would entail. HICKCOX: Thank you. ARAI: And Mr. Chairman, just to clarify real briefly, I mentioned Condition E regarding the Walua Road restriction, I said, " Walua Road should not be used as vehicular access to the project site "; we should say "shall" to make it absolutely clear. BEAUDET: Should we be specific, "shall not be from Lako or Kuakini ?" I mean those are the two access points for the remnant, right? I don't know if we need to be that specific or not. ARAI: I personally think you don't need to be that specific because they will need access regardless, and if you cut off Walua Road, they have no choice but to come in through Lako through the existing Orchid Isle Auto Center property; there is no other way to get to the property. BEAUDET: Okay, fair enough. Thank you. Okay, so, Commissioners, I would like to ask for a motion for action. HICKCOX: Mr. Chair, I move that a favorable recommendation be forwarded to the County Council on the application for a change of zone, Docket No. REZ 14 -179, based on the Planning Director's recommendations and proposed conditions, as amended, as amendments submitted under Condition E and the addition of Condition F, as stated by staff. BEAUDET: May I ask for a second? KAHOLO: Second. BEAUDET: Discussion, Commissioners? Let's note that there's no request for discussion. So, staff, if you could call for a vote? ARAI: Oaky, thank you, Mr. Chairman. Commissioner Hickcox? 18 DRAFT HICKCOX: Aye. ARAI: Commissioner Kaholo? KAHOLO: Aye. ARAI: Commissioner Nobriga? NOBRIGA: Aye. ARAI: Commissioner Unger? UNGER: Aye. ARAI: Commissioner Whittemore? WHITTEMORE: Aye. ARAI: And Mr. Chairman? BEAUDET: Aye. ARAI: Mr. Chairman, motion carries with six aye votes. KANUHA: Mr. Chairman? BEAUDET: Yes, sir. KANUHA: Just for the information of the public who testified on this particular application, the Planning Commission is just going to provide a recommendation to the County Council. The County Council will be the body that makes a final decision on this. So there will be other opportunities for you to provide testimony, if you choose to do so, when it gets to the Council level, both in their Committees and at the full Council. Okay? BEAUDET: Thank you, Applicant. You will be notified shortly of the decision from staff. The discussion ended at 11:22 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 19 DRAFT