HomeMy WebLinkAboutCOM 0753.000 2014-2016 �tY.oF........
: �L.� +,, Randall M.Kurohara
i, Managing Director
William P.Kenoi � — � ,•
Mayor
'• Robert H.Command
,? :;?x`•+,?.•0 - Deputy Managing Director
1,4OF Mt`it_.
(En uttt3r of c .T Ui`I
Mf i r of fttr Alvin
25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553
KONA: 74-5044 Me Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740
(808)323-4444 • Fax(808)323-4440
March 14, 2016
Dru Kanuha, Council Chair -- -`.
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720 `"
W -
Dear Chairman Kanuha and Members: `v
/ Iv
SUBJECT: "State Land Use Boundary Amendment(SLU 15-000045)
Request: Agricultural to Urban
Change of Zone Application (REZ 15-000197)
Request: A-20a to ML-20
Applicant: Milo Street Ventures,Inc.
Tax Map Key: 1-6-152:020
Change of Zone Application(REZ 15-000199)
Applicant: Pulama `Aina Trust
Request: RS-10 to MCX-20
Tax Map Key: 2-2-035:060
Change of Zone Application (REZ 16-000200)
Applicant: Francis H. and Martha A.Rodillas
Request: FA-2a to FA-la
Tax Map Key: 2-5-040:042
As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the
County Council's consideration and action are the Windward Planning Commission's letters and
enclosures regarding the above-referenced request.
Sincere ,
William P. Kenoi
Mayor
Enclosures Comm. No. 1S-3
3
cc: Planning Department Ref. To: KC."
County of Hawaii is an Equal Opportunity Provider and Employer. Ref. Date MAR 1 6 2016
4:123111 S (oto 4. 110-1>
171!
j 4
County of Hawaii
WINDWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720
Phone(808)961-8288 • Fax(808)961-8742
MAR 14 216
Dru Kanuha, Council Chair =>
and Members of the County Council
County of Hawai`i ,, _
25 Aupuni Street _
Hilo, HI 96720 , C-3
Dear Chairman Kanuha and Council Members:
SUBJECT: State Land Use Boundary Amendment(SLU 15-000045)
Request: Agricultural to Urban
Change of Zone Application (REZ 15-000197)
Request: A-20a to ML-20
Applicant: Milo Street Ventures, Inc.
Tax Map Key: 1-6-152:020
The Windward Planning Commission, at its duly held public hearing on March 3, 2016, voted to
recommend for your approval the proposed legislative bills to change the State Land Use district
from Agricultural to the Urban District and a Change of Zone from Agricultural—20 acres
(A-20a)to Limited Industrial—20,000 square feet(ML-20) zoning district for approximately
2.082 acres of land. The property is located at 16-685 Milo Street, which is on the south side of
Milo Street approximately 400 feet east of the Kea'au Bypass Road and Milo Street intersection,
Kea'au, Puna, Hawai`i.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
State Land Use Boundary Amendment
The approval of the reclassification from the State Land Use Agricultural to
the Urban District for approximately 2.082 acres will not be in violation of Section
205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the
Hawai`i County is an Equal Opportunity Provider and Employer
Dru Kanuha, Council Chair
and Members of the County Council
Page 2
Land Use Commission Rules,the County General Plan and the Hawaii State Plan.
Under the Land Use Commission Rules, one of the standards for considering an area for
Urban District reclassification states that"In determining urban growth for the next ten
years, or in amending the boundary, land contiguous with existing urban areas shall be
given more consideration than non-contiguous land, and particularly when indicated for
future urban use on state or county general plans." For the last twenty years, this area
along Milo Street has been transitioning to more urban type of uses. Surrounding
properties to the west and north are situated in the State Land Use Urban district and
zoned ML-20. Properties to the northeast, east and south are situated in the State Land
Use Agricultural district and zoned A-20a and A-5a. The Ulupono Town Center,which
is zoned MCX-20, is located across Milo Street to the northwest. Properties across from
the Kea'au Bypass Road are situated in the State Land Use Urban district and zoned RS-
10 and RS-15.
The reclassification action also conforms to the goals, policies and standards of,
among others, the Land Use and Economic Elements of the General Plan. The General
Plan Land Use Pattern Allocation Guide(LUPAG) Map component of the General Plan is
a representation of the document's goals,policies, standards and courses of action. It is
also a graphic depiction of the physical relationship between the various land uses and
establishes the basic urban and non-urban form for areas within the County. The subject
property is in an area designated Medium Density Urban on the LUPAG Map. The
Medium Density Urban designation includes village and neighborhood commercial and
single family and multiple family residential and related functions (multiple family
residential -- up to 35 units per acre). In the past, the Planning Director(s)has applied a
broad brush interpretation for this area as Industrial, which includes uses such as
manufacturing and processing, wholesaling, large storage and transportation facilities,
light industrial and industrial-commercial uses. Since 1971, the area of the old Puna
Sugar Mill has been designated as Industrial in the LUPAG. During the 1989 General
Plan Comprehensive Review, the Industrial designation was expanded by re-designating
lands in the vicinity from Intensive Agricultural and Orchards to Industrial. This area was
considered for industrial expansion as a variety of industrial uses were established in the
vicinity through the Special Permit process. The County had determined that the
industrial designation would promote and encourage additional utilization of the area.
The applicant is also concurrently requesting a Change of Zone from an Agricultural (A-
20a) to a Limited Industrial (ML-20) zoned district for 2.082 acres.
Dru Kanuha, Council Chair
and Members of the County Council
Page 3
The reclassification action would be consistent with the goals, objectives and
policies of the Hawaii State Plan and Puna Community Development Plan by providing
future employment opportunities and improved living standards and stimulating the
development and expansion of economic activities.
The Urban classification conforms to the standard that the development is
within reasonable proximity to centers of trading and employment and to basic
services such as schools, police and fire protection, transportation systems and
water. The property is located less than one mile from the village retail and employment
center of Kea'au. Schools and medical,police and fire services are also located within
Kea'au.
The accompanying draft bill to amend the State Land Use Boundaries Map is
provided for your favorable consideration.
Change of Zone
The applicant requests a Change of Zone from Agricultural - 20 acres (A-20a) to
Limited Industrial - 20,000 square feet (ML-20) for approximately 2.082 acres of land.
The applicant has submitted a concurrent request for a State Land Use Boundary
Amendment from an Agricultural to an Urban district. The property is fully developed
with a 17,000 square-foot warehouse structure, an anthurium greenhouse and paved
parking.
On August 8, 1988,the Planning Commission approved Special Permit No. 671
to allow the establishment of a processing and packing facility for anthuriums and other
flowers and foliage on the subject property. The applicant recently requested that Special
Permit No. 671 be revoked because agricultural products packing and processing
facilities are now a permitted use under the State Land Use Law, Chapter 205 Hawai`i
Revised Statutes.
The owners believe that there is a much broader demand for other non-agricultural
uses of the facility that may include service-type light industrial uses such as self-storage
facilities, contractor baseyards, small business storage and warehousing among others.
Currently, there is no time table for terminating the existing use on the property and there
are no proposed improvements at this time.
Dru Kanuha, Council Chair
and Members of the County Council
Page 4
In order to consider an area for any type of zoning designation,the applicable
goals,policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar areas in the
County.
The Change of Zone request from A-20a to ML-20 conforms to the goals,
policies and standards of the General Plan and Puna Community Development
Plan. The General Plan is intended to be used as a policy guide for the coordinated
growth and development of all sectors of the County. It sets forth goals, policies,
standards and courses of action to accommodate growth without congestion, to designate
and preserve the lands needed for residential use, commercial and visitor services,
industry, agriculture and open space, and to coordinate these uses with the County's
service and circulation systems. The overall goals, policies and standards are set forth to
physically plan the lands in the County in the best interest of the island's residents. The
Puna Community Development Plan translates the broad General Plan statements to
specific actions for the Puna district. The Puna district in general lacks industrial areas
suitable for small-scale industry. Nearby Shipman Industrial Park contains large lots that
cater more to large-scale industrial uses. The General Plan Course of Action for Puna
states "identify sites suitable for future industrial activities as the need arises." An action
of the Puna Community Development Plan would be achieved by the proposed project in
that it would provide additional lands for industrial activities and provide jobs to Puna
residents.
The proposed change of zone conforms to the General Plan Land Use Pattern
Allocation Guide (LUPAG) Map. The Land Use Pattern Allocation Guide(LUPAG)
Map component of the General Plan is a representation of the document's goals and
policies to guide the coordinated growth and development of the County. It reflects a
graphic depiction of the physical relationship among the various land uses. The LUPAG
Map establishes the basic urban and non-urban form for areas within the County. The
property is designated as Medium Density Urban, which includes village and
neighborhood commercial and single family and multiple family residential and related
functions (multiple family residential -- up to 35 units per acre). In the past, the Planning
Dru Kanuha, Council Chair
and Members of the County Council
Page 5
Director(s)has applied a broad brush interpretation for this area as Industrial, which
includes uses such as manufacturing and processing, wholesaling, large storage and
transportation facilities, light industrial and industrial-commercial uses.
The ALISH Map identifies the property as Prime Agricultural Land and the Land
Study Bureau's Productivity rating for the site is "C"or"Fair". The property is fully
developed with a 17,000 square-foot warehouse structure, an anthurium greenhouse and
paved parking. Surrounding properties to the west and north are situated in the State
Land Use Urban district and zoned ML-20. Properties to the northeast, east and south are
situated in the State Land Use Agricultural district and zoned A-20a and A-5a. The
Ulupono Town Center,which is zoned MCX-20, is located across Milo Street to the
northwest. Properties across from the Kea'au Bypass Road are situated in the State Land
Use Urban district and zoned RS-10 and RS-15. Surrounding land uses consist of the
Greenhouse Specialists (REZ 2009-110) on the adjoining property to the west. Christian
Liberty Academy(SPP 925) operates on the adjoining property to the west. CU Hawai`i
Credit Union is located within the Ulupono Town Center, which is located across Milo
Street. Lastly, there are dwellings located on small agricultural parcels just to the south
of the subject property. The Hawai`i Right to Farm Act, HRS chapter 165,was enacted
to protect farming operations on land in the State Land Use Agricultural District when
adjacent land is reclassified out of the Agricultural District. A condition of approval will
require the applicant notify prospective purchasers, tenants or lessees of the Hawai`i
Right to Farm Act. Therefore, the requested Limited Industrial zoning is consistent with
the General Plan LUPAG Map.
All utilities and services are available to the site. According to the
Department of Water Supply, there is an existing 1-inch meter serving the subject parcel
that has averaged approximately 2,170 gallons per day(GPD) over the past two (2) years.
This equates to approximately six (6)units of water at 400 gallons per day per unit,
which is three(3)times the average daily usage that was allotted to the parcel. According
to the applicant, there is an existing 8-inch waterline along Milo Street. A condition of
approval will be included for the applicant to submit daily water usage calculations to
the Department of Water Supply.
There is an existing septic system for wastewater, which complies with all
applicable Department of Health rules and regulations. Solid waste will be disposed of
at appropriate sites designated by the Department of Environmental Management.
Dru Kanuha, Council Chair
and Members of the County Council
Page 6
Electricity and telephone services are available to the site. Police and fire services are
available a mile from the site, in Kea'au. Medical services are available at Hilo
Medical Center.
Access to the project site is from Milo Street, a private road maintaining a
pavement width of 22 feet. This area of Milo Street has a right-of-way width of 40 feet.
The Department of Public Works recommends improvements to the property's Milo
Street frontage consisting of, but not limited to, pavement widening with concrete curb,
gutter and sidewalk, drainage improvements and any required utility relocation meeting
the requirements of the Americans with Disabilities Act. The improvements will be
required to be located within a future road widening setback of 10 feet recommended by
the Planning Department in order to accommodate its eventual widening of the right of
way to 60 feet, the minimum standard for commercial and industrial roadways.
There have been several rezonings and Special Permits approved along Milo
Street over the past 20 years and each rezoning or permit included some type of road
improvements to Milo Street, even though a majority of Milo Street is privately owned.
A majority of the roadway improvement conditions were added to accommodate the
requirements subject to minimum industrial roadway standards in the Subdivision Code
as well as standard road construction details to meet County dedicable standards, which
includes the construction of the road, shoulder, and curb, gutter and sidewalk or paved
swale improvements within a 60-foot right-of-way width. This portion of Milo Street has
a right-of-way width of 40-feet, which will require the landowners/applicants on each
side of the private roadway to set aside a portion of their property equal to one-half(1/2)
the distance between the existing right-of-way and sixty(60) feet, which in this case
equals 10 feet along each side of the private portions of Milo Street. This road-widening
setback will be dedicated to the County upon it's request. Additionally, the required road
way improvements within the road widening setback shall be improved to full dedicable
standards at no cost the County prior to receipt of Final Plan Approval or within five
years from the effective date of this change of zone ordinance, whichever occurs first.
In reviewing the previous rezoning and Special Permit road improvement
conditions approved along Milo Street, a majority of applicants have yet to construct
these road improvements or have not been requested by the County to do so. Most of
Milo Street is currently owned by W. H. Shipman, Ltd. At this time, there are no plans
for the County to request that Milo Street be improved and dedicated to the County as this
is a private road. As such, it is difficult to orchestrate these roadway improvements along
Dru Kanuha, Council Chair
and Members of the County Council
Page 7
the privately owned portions of Milo Street without all applicants and landowners along
this roadway alignment participating together to improve and maintain Milo Street to
County standard. The County has to work towards the goal of improving Milo Street to
industrial/commercial standards by having each applicant participate in the widening and
improvement of this private road.
Based on the above discussion, a condition of approval is recommended requiring
the applicant to construct roadway improvements meeting with the standards outlined in
Standard Details for Public Works Construction R-34 (revised) by providing shoulders
and paved swale improvements along its entire property frontage that will connect to
the existing Milo Street roadway pavement fronting the subject property. These
improvements along the property's Milo Street frontage and within the 10-foot road
widening will consist of, but not be limited to, pavement widening with shoulder and
paved swale improvements, drainage improvements and any required utility relocation,
meeting the requirements of the Americans with Disabilities Act and the approval of
the Department of Public Works.
Lastly, a condition of approval will be added to require the applicant to
participate with their fair share cost of a roadway improvement and maintenance
program if such a program is initiated by the owner to improve and maintain the
private portions of Milo Street, which is currently owned by W. H. Shipman, Ltd.
The property has no severe geological or topographical problems which cannot
be rectified or which would render the land unusable. The project site is located within
Zone "X", areas determined to be outside the 500-year floodplain. All development
generated storm run-off shall be disposed of on-site and not allowed onto adjacent
properties or roadways.
The request is not contrary to Chapter 205A, Hawaii Revised Statues,
relating to Coastal Zone Management. The subject property is not in the Special
Management area, located more than three miles from the shoreline and will not be
impacted by coastal hazards or affect beach erosion, coastal ecosystems and marine
resources. There is no record of a designated public access to the shoreline or mountain
areas that traverses the property. There is no evidence of any valued cultural or natural
resources existing on the site and there is no evidence of any traditional and customary
Native Hawaiian rights being practiced on the property. No formal archaeological study
Dru Kanuha, Council Chair
and Members of the County Council
Page 8
was conducted as the site has been previously cleared and improved. By letter dated
July 23, 2015, the applicant sent a request to the Department of Land and Natural
Resources-State Historic Preservation Division (DLNR-SHPD) asking for a"no-effect"
letter as the property has been entirely cleared and improved. No response has been
received as of the date of this writing. Thus, the proposed request is not contrary to
Chapter 205A, Hawai`i Revised Statutes.
Based on the above, approval of this change of zone request from an
Agricultural 20-acre (A-20a) to a Limited Industrial-20,000 square feet (ML-20)
zoned district would result in an appropriate land use pattern that is consistent with
the General Plan, and will further benefit the general public.
The accompanying draft bill to amend Section 25-8-22 (Puna District Zone Map), Article 8,
Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is provided for your
favorable consideration. Please note the proposed conditions of approval attached to the draft
bill.
We are enclosing copies of the staff Background, Planning Director's Recommendation,the
Powerpoint presentation and draft transcripts for your information.
Since el ,
\Witk
C es Heaukulani, Chairman
Windward Planning Commission
LMilostreetventuresincSLU 15-o45REZ15-197wpc1
Enclosures
cc: Brian T.Nishimura, Planning Consultant
Milo Street Ventures, Inc.
Department of Public Works
Department of Water Supply
Department of Land &Natural Resources-HPD
DOT-Highways, Honolulu
State Land Use Commission
William Brilhante, Esq., Corporation Counsel
4
BMiloStreetVenturesSLUREZ.jwd-02/09/16
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
MILO STREET VENTURES INC.
STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 15-000045)
CHANGE OF ZONE APPLICATION (REZ 15-000197)
MILO STREET VENTURES INC.has submitted applications for a State Land Use Boundary
Amendment from Agricultural to Urban and a Change of Zone from Agricultural - 20 acres
(A-20a) to Limited Industrial - 20,000 square feet(ML-20) for approximately 2.082 acres of
land. The property is located at 16-685 Milo Street, which is on the south side of Milo Street
approximately 400 feet east of the Kea'au Bypass Road and Milo Street intersection, Kea'au,
Puna, Hawai`i, TMK: 1-6-152:020.
PROPOSED ACTION
1. Request: The applicant is requesting a State Land Use Boundary Amendment from
Agricultural to Urban and a Change of Zone from Agricultural - 20 acres (A-20a)to
Limited Industrial - 20,000 square feet(ML-20) for approximately 2.082 acres of land.
The property is significantly improved with a 17,000 square-foot warehouse structure, an
anthurium greenhouse and paved parking.
(Planning Department Exhibit 1 - State Land Use Boundary Amendment and
Change of Zone applications)
2. Objectives of the Requests: According to the applicant, the owners believe that there is
a much broader demand for other non-agricultural uses of the facility that may include
service-type light industrial uses such as self-storage facilities, contractor baseyards,
small business storage and warehousing, among others. The requested Limited Industrial
(ML) zoning district would provide, if approved, a broader range of industrial uses as
defined by the Zoning Code and detailed within the attached Exhibit 2 (Planning
Department Exhibit 2—Division 14. ML, Limited Industrial Districts). The subject
property is situated adjacent to other Industrial zoned properties along Milo Street and
ideally suited for uses that might not be compatible with the mixed use nature of the
Kea'au Regional Town Center, which is concentrated on the other (west) side of the
Kea'au Bypass Road. Additionally, the subject property is more conveniently located to
ti .4
the residents of Kea'au and lower Puna than alternative Industrial properties in the
Shipman Business Park.
3. Construction Timetable and Cost: Currently,there is no time table for terminating the
existing agricultural processing use on the property and there are no other proposed
improvements at this time.
4. Landowner: The applicant is the landowner of the property.
OTHER INFORMATION
5. Special Permit No. 671: Special Permit No. 671 was approved by the Planning
Commission on August 8, 1988 to allow the establishment of a processing and packing
facility for anthuriums and other flowers and foliage. The applicant recently requested
that Special Permit No. 671 be revoked because agricultural products packing and
processing facilities are now a permitted use under the State Land Use Law, Chapter 205
Hawai`i Revised Statutes. State law was revised in 2012 to allow a variety of new
permitted uses within the Agricultural District such as agricultural-based commercial
operations, which allow retail activities and food establishments operated by an
agricultural producer. Special Permit No. 671 placed limits on the uses of the subject
property that are more restrictive than what would otherwise be permitted by State law.
The Planning Commission approved the revocation on November 5, 2015.
6. Standard Detail R-33 and R-34: Several of the rezonings previously approved along
Milo Street required the applicant to comply with the standards outlined in Standard
Details for Public Works Construction R-34 (page 2 of Planning Department Exhibit 3).
Standard Detail R-33 identifies the street cross section for business &industrial
standards, which is 60 feet wide. (Planning Department Exhibit 3—Standard Details
for Public Works Construction R-33 & R-34)
REZONINGS AND SPECIAL PERMITS APPROVED IN THE IMMEDIATE AREA
7. Special Permit No. 925: Approved by the Planning Commission on February 23, 1996
to the Hawai`i Christian Camping Association, Inc. to allow the establishment of a
private school, church, and summer camp facility on approximately 5.53 acres of land on
TMK: 1-6-003:017.
-2-
8. REZ 855: Change of Zone Ordinance No. 97-67 was approved on May 14, 1997 to
James McCully to change the zoning from A-20 to ML-20 and FA-3a on
TMK: 1-6-003:portion of 005.
9. REZ 866: Change of Zone Ordinance No. 98-61 was approved on July 2, 1998 to James
McCully to change the zoning from ML-20 to MCX-20 on TMK: 1-6-003:portion of 005.
10. REZ 1029: Change of Zone Ordinance No. 04-02 was approved on January 7, 2004 to
Puna Sugar Mill, LLC to change the zoning from A-20 to ML-20 and A-5a on
TMK: 1-6-003:099.
11. REZ 2008-00085: Change of Zone Ordinance No. 09-52 was approved on May 11, 2009
to Hawaiian Rainforest Water Co., LLC to change the zoning from A-20 to ML-la on
TMK: 1-6-003:018 & 023.
12. REZ 2009-000110: Change of Zone Ordinance No. 10-43 was approved on
May 20, 2010 to Greenhouse Specialists, Inc. to change the zoning from A-20 to ML-20
on TMK: 1-6-152:018.
STATE AND COUNTY PLANS
13. State Land Use Designation: Agricultural
14. GP LUPAG Map: Medium Density Urban. The General Plan Land Use Pattern
Allocation Guide (LUPAG) Map designation has recently been amended in this area.
Based on a broad brush interpretation, the Planning Director(s)has interpreted previous
rezoning requests in the immediate area as being within the Industrial designation.
15. County Zoning: A-20a.
16. Puna Community Development Plan: Adopted September 10, 2008 under Ordinance
No. 08 116,the plan identifies Kea'au as a regional town center consisting of areas for
community uses (south of Highway 11) and regional uses (north of Highway 11). It also
identifies various opportunities for agricultural and economic development in Puna and
actions to achieve these opportunities. The project site not situated within the regional
town center and is not specifically identified for any particular land use in the plan.
17. Special Management Area (SMA): The property is located approximately 3.4 miles
from the coastline and not within the Special Management Area.
-3-
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
18. Subject Property: The subject property is 2.082 acres in size and is roughly rectangular
in shape. The property is improved with a 17,000 square-foot warehouse structure, an
anthurium greenhouse and paved parking.
19. Surrounding Zoning/Land Uses: Surrounding properties to the west and north are
situated in the State Land Use Urban district and zoned ML-20. Properties to the
northeast, east and south are situated in the State Land Use Agricultural district and
zoned A-20a and A-5a. The Ulupono Town Center, which is zoned MCX-20, is located
across Milo Street to the northwest. Properties across from the Kea'au Bypass Road are
situated in the State Land Use Urban district and zoned RS-10 and RS-15. Surrounding
land uses consist of the Greenhouse Specialists (REZ 2009-110) on the adjoining
property to the west. Christian Liberty Academy(SPP 925) operates on the adjoining
property to the west. CU Hawai`i Credit Union is located within the Ulupono Town
Center, which is located across Milo Street. Lastly, there are dwellings located on small
agricultural parcels just to the south of the subject property.
20. ALISH: Prime Agricultural Land.
21. Land Study Bureau's Detailed Land Classification System: "C"or"Fair".
22. U.S. Soil Survey: The soils on the site are classified as Ola'a Silty Clay Loam(OaC),
which consists of moderately deep , moderately fine soil that has rapid permeability, slow
runoff, and a light erosion hazard. This type of soil was formerly used for cultivating
sugarcane.
23. FEMA: Zone "X", areas determined to be outside the 500-year flood plain.
24. Flora/Fauna Resources: No formal flora/fauna study was conducted of the site.
According to the applicant, the entire parcel has been previously cleared, graded and
utilized for an anthurium packing facility with a 17,000 square foot warehouse, paved
parking and a greenhouse since 1991. As the property has been cleared and improved, it
is unlikely that any rare, endangered or threatened floral or faunal species are in the area.
25. Archaeological, Historic, Cultural Resources: No formal archaeological study was
conducted as the site has been previously cleared and improved. By letter dated July 23,
2015, the applicant sent a request to the Department of Land and Natural Resources-State
Historic Preservation Division(DLNR-SHPD) requesting a"no-effect" letter as the
-4-
property has been entirely cleared and improved. No response has been received as of
the date of this writing.
26. Public Access: There is no public access to the mountain or shoreline that traverses
through the subject property.
27. Traffic: According to the applicant, no traffic study was prepared for the subject
application. The existing flower packing facility has been in operation for over 20 years
with no definite time table for a change in use. Currently, there are 24 employees who
make one round trip per day, six days per week(Sunday through Friday). The business
utilizes delivery trucks that make 4-5 trips per day, six days a week. In addition, growers
drop off goods approximately 4-5 times per day. On a daily basis, the current business
generates approximately 35 round trips per day.
PUBLIC UTILITIES AND SERVICES
28. Access: Access to the project site is from Milo Street, which is an existing
approximately 22-foot wide paved roadway. According to the Department of Public
Works (DPW), this portion of Milo Street is privately owned (TMK: 1-6-152: 019). This
area of Milo Street has a right-of-way width of 40 feet. The DPW recommends
improvements to the property's Milo Street frontage consisting of,but not limited to,
pavement widening with concrete curb, gutter and sidewalk, drainage improvements and
any required utility relocation meeting the requirements of the Americans with
Disabilities Act. The improvements will be required to be located within any future road
widening setback as may be established by the Planning Department.
29. Water: According to the Department of Water Supply, there is an existing 1-inch meter
serving the subject parcel that has averaged approximately 2,170 gallons per day(GPD)
over the past two (2) years. This equates to approximately six (6)units of water at 400
gallons per day per unit, which is three(3)times the average daily usage that was allotted
to the parcel. According to the applicant, there is an existing 8-inch waterline along Milo
Street.
30. Wastewater: There is no municipal sewer system in the area. There is an existing septic
system for wastewater, which was approved by the Department of Health in 2005.
31. Solid Waste: Solid waste will be disposed of at authorized County landfills or transfer
stations by commercial haulers.
-5-
1 �
32. Essential Utilities and Services: All essential utilities are available to the project site.
Police and fire services are available a mile from the site, in Kea'au.
AGENCIES' COMMENTS
33. Department of Public Works: (Planning Department Exhibit 4—
November 16, 2015 Memo).
34. Department of Water Supply: (Planning Department Exhibit 5—
November 18, 2015 Memo)
35. Department of Environmental Management: (Planning Department Exhibit 6—
October 26 and November 2, 2015 Memos)
36. Police Department: (Planning Department Exhibit 7—November 3, 2015 Memo)
37. Fire Department: (Planning Department Exhibit 8—October 23, 2015 Memo)
38. DLNR-Land Division: (Planning Department Exhibit 9 —November 13, , 2015
Letter)
39. DLNR-State Historic Preservation Division: (Planning Department Exhibit 10—
November 13, 2015 Letter)
40. Department of Health: (Planning Department Exhibit 11 —November 4, 2015
Memo)
AGENCIES AND ORGANIZATIONS -NO RESPONSE
41. Department of Public Works-Building Division.
APPLICANT'S RESPONSE TO AGENCIES' COMMENTS
42. The applicant has submitted the following in response to agency comments: (Planning
Department Exhibit 12—October 23,2015 Letter from Applicant)
PUBLIC COMMENTS
43. 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.
-6-
1 '
STATE LAND USE BOUNDARY AMENDMENT A`tI(9R ? 2
(15 ACRES OR LESS)
JI� � '
COUNTY OF HAWAII hI!
PLANNING DEPARTMENT
(Type or legibly print the requested information)
PETITIONER: MILO STREET VENTURES INC.
PETITIONER'S SIGNATURE: ���- .— DATE: 9/16/15
ADDRESS: 16-685 Milo Street, Keaau, HI. 96749-8149
PETITIONER'S INTEREST IF NOT OWNER:
TELEPHONE:(Bus.) (808) 936-4173 (Res.) (Fax)
LANDOWNER(S): Same as Petitioner
LANDOWNER SIGNATURE(S): DATE:
(May be by letter)
ADDRESS:
TAX MAP KEY: (3) 1-6-152: 20
STREET ADDRESS OF PROPERTY: 16-685 Milo Street
ZONING:Agricultural 20-acres SIZE OF PROPERTY: 2.082 acres
CURRENT STATE LAND USE DISTRICT CLASSIFICATION: AGRICULTURE
REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: URBAN
AGENT: Brian T. Nishimura, Planning Consultant
ADDRESS: 101 Aupuni St. , Suite 217 Hilo, HI. 96720
TELEPHONE:(Bus.)(808) 935-7692 (Res.)(808) 935-7486 (Fax) (808) 935-6126
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Petitioner COPIES: Agent
Planning Dept.
(See Instructions on Reverse Side)
Exhibit i
CHANGE OF ZONE APPLIS41 P " ?5
COUNTY OF HAWAII PLN. 1,, 1 �i; E,r,;�`,E
PLANNING DEPARTMENT
ll
(Type or legibly print the requested information)
APPLICANT: MILO STREET VENTURES INC
APPLICANT'S SIGNATURE: 1'7(7.e%—arl0a-r DATE: 9/16/15
ADDRESS: 16-685 Milo Street, Ke au, HI. 96749-8149
Henry Terada - Vice President/Secretary
Mari Giel - DiLecLuL
Nealon Inouye - Director
LIST APPLICANT'S INTEREST IF NOT OWNER: Grayson Inouye - President/Treasurer
LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.) (808) 936-4173 (Res.) (Fax)
LANDOWNER(S): Same as Applicant
LANDOWNER SIGNATURE(S): DATE:
(May be by letter)
LANDOWNER(S)ADDRESS:
REQUEST: Agricultural 20 acres (A-20a) TO Limited Industrial 20,000 (ML-20)
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: (3) 1-6-152: 20
STREET ADDRESS OF PROPERTY: 16-685 Milo Street
SIZE OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED: 2.082 acres
AGENT: Brian T. Nishimura, Planning Consultant
ADDRESS: 101 Aupuni Street, Suite 217 Hilo, HI. 96720
TELEPHONE:(Bus.)(808) 935-7692 (Res.) (808) 935-7486 (Fax) (808) 935-6126
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Petitioner COPIES: Agent
ATTACHMENT
Comm ernEJ,RM ,Resor,& Industrial
PLANN]NG DEPARTMENT
COUNTY OF HAW Ali
APPL>CATDN FOR CHANGE OF ZONE
1. ifyourrequestis approved,do you intend tD subdirii.e
the subcthnd>n accoidance with the approved change
of zone? NO
Eyes,phase answerthe restofquestbn Iand then to
questun 3.
a. How m any acres ofthe requested area do you intend iD
subdue?
b. Int whatbtshes?
c . if yourrequestis approved,appmxin ately how bng
a$erthe date ofapprovaldo you expectlo subm it
yoursubdivisbnphns to the Phnnilg Department
brprelin±nary appmva]
Ifyou intend to subdivi1.e,phase subm ita prelin nary
schem at b subdirsbn plan tDgetherw In your change of
zone applratbn foam .
2. Ifyou nave no flan plans ofsubdivilbg the subctarea,
do you intend to:
a. Sellorhase the land tD someone who has fun
plans?
b. Sellorhase the land tD som eone who has tentative
plans?
c . Sellorhase the land tD som eone who has no plans?
a_ Keep
e. other phase state)
There are no immediate plans to sell or lease the property. The
existing flower packing business will continue for the forseeable
future. The property may be sold or leased at some point in the future.
is Ifyou intend to do eihera,b,orc,phase ehborate
on the kind ofphns the otherparty has.Phase,ao,
incbde in youranswerappmxin ately how soon a$er
appmvalofyourrezoning do you expect-bp banshrthe
subcthnd to anotherparty.
3. W hatspecifr;bulling phns do you have brthe subcthnd?
hncbde ii youransw erthe folbw izg:type ofbulliag
(apartm ent,offce,hunderette,etc.);frnancing anangem ent
tin etabh brconstluction;and any other izfbnn athn w hhh you
feelm iihthe3p us in evaliathg your request
There are no existing plans for any new construction on the property.
4. H ave you perform ed any study whhh w oull dem onstrate a need br N/A
yourpmposed binning andhrdevebpm entl
ifso,pase ehborate on yourthdings h the space piny-Bed
bebw.
-2-
5. H ave you perform ed any study which discusses the
env>zonm entalmpacts your requestwouli nave on the
sunoundng area and/orthe County? No
Ifso,phase elaborate on yourfndngs n the space
pmvrled bebw
6. Are there any buillings on the subctarea? YES
Ifso, whatkald?
17,000 square foot metal warehouse
anthurium greenhouse
W hatdo you intend to do with those bukings fyour
requestis approved?
Continue the existing use as a flower packing facility.
1. Is the sub cthnd cunentlybeing used farany
agriu�iralactar�y?
Yes
iso,phase listthe loads ofproducts grown on and
how m any square feetorarws ofhnd perpmduct?
Anthuriums are being grown in a greenhouse - approximately 4,000 sf
-3-
8. To yourknow hdge,has there been any fboding and/or NO
drainage pmbhm on the subctarea?
If so,phase descrbe the pmbhm
g• Do you thick thatthe mads hadhg to the sub ctama NO
needs in p.mvem enV
Ifso,whatkind?
Is the mad adequate brthe imposed tzar volun e Adequate
orbad?
10. W hatsortofgovernm entalassistance and/orb pmvem ents
do you belw iI be needed in the subctarea when
devebped?
yes NQ
a. Schools X
b. Roads X
c. Sewer
d. Drainage X
e. Pace P mteciigi X
f. FIE P mtecl:un X
g.
RecmatbnalFaci1t s X
h. Recreat bnalFacffes X
i Other
-4-
Forihose checked "yes,"phase elhbozate whattype orkhds of
m piovem ents and,brassistance ale needed.
11.H ave you perbim ed any hstorb sires study and/or surrey ofthe
subctarea? Ifso,whatw ere the results? P base,also,
subm ta copy ofthe study togetherw ih this change of zone
supphm ent
No study was conducted. The property was fully cleared and graded in
1991 for the construction of a 17,000 square foot warehouse and related
facilities. As such, a letter dated July 13, 2015 was transmitted to
the State Historic Preservation Division requesting a "no historic
properties affected" determination for the proposed boundary amendment
and change of zone application. No response has been received from the
State Historic Preservation Division to date.
S i�nalure: / ""v!�-•�-�4—
Address: 16-685 Milo Street, Keaau, HI
Teiphone: (808) 936-4173
Dale: 9/16/15
-5-
6338A/SOA
CHANGE OF ZONE AND STATE LAND USE DISTRICT BOUNDARY AMENDMENT
APPLICATION(fifteen acres or less)
BACKGROUND AND COUNTY ENVIRONMENTAL REPORT
APPLICANT: Milo Street Ventures,Inc.
REQUEST: State Land Use Agriculture to Urban; Agricultural twenty-acres (A-20a)to
Limited Industrial twenty thousand square feet(ML-20)
TAX MAP KEY: (3) 1-6-152: 20
A) SUBJECT REQUEST
1) Details of the Proposed Development:
a) Project description: The subject property is situated on the south side of Milo
Street, approximately 350 feet east of the Milo Street—Keaau Bypass Road
intersection,Tax Map Key No. (3) 1-6-152: 20. The subject property is currently
fully developed with an existing 17,000 square foot warehouse structure,paved
parking and an anthurium greenhouse. Special Permit No. 671 was approved in
1988 to allow"the establishment of a processing and packing facility for anthurium
and other flowers and foliage" The subject property has been utilized for
commercial purposes,processing and packing anthuriums and flowers from the
time the warehouse structure was completed in 1991 to the present. Although the
owners plan to continue the anthurium packing operation for the foreseeable
future,they are looking ahead to retirement from the business and would like to
have the warehouse facility available for other businesses that could utilize the
existing facilities. As an example,the recent slowdown in the floral industry has
resulted in the opportunity to sublet a portion of the existing structure to an
electrical contractor.
The applicant,Milo Street Ventures, Inc. (Applicant) is requesting a State Land
Use Boundary Amendment from Agriculture to Urban as well as change of zone
from Agricultural twenty acres (A-20a)to Limited Industrial twenty thousand
square feet(ML-20) for approximately 2.082 acres of land.
b) Statement of objectives and reasons for the request: The current State Land
Use designation and County Zoning would limit any future use of the property to
businesses utilizing some kind of agricultural commodity. The owners believe
that there is a much broader demand for other non-agricultural use of the facility
that may include service-type light industrial uses such as self-storage facilities,
contractor baseyards, small business storage and warehousing among others. The
subject property is situated adjacent to other Industrial zoned property along Milo
Street and is ideally suited for uses that might not be compatible with the mixed
use nature of the Keaau Regional Town Center which is concentrated on the other
(west) side of the Keaau Bypass Road. Additionally,the subject property is more
conveniently located to the residents of Keaau and lower Puna than alternative
Industrial properties in the Shipman Business Park.
c) Timeframe and cost: The applicants do not have a time table for terminating the
existing use on the property. There are no proposed improvements at this time.
1
d) Traffic impacts: No specific Traffic Impact Analysis Report(TIAR)was
prepared for the subject application. The existing flower packing facility has been
in operation for over 20 years with no definite time table for a change in use.
Currently,there are 24 employees who make one round trip per day, six
days/week(Sunday through Friday). The business utilizes delivery trucks that
make 4-5 trips/day, six days a week. In addition, growers drop off goods
approximately 4-5 times per day. On a daily basis,the current business generates
approximately 35 round trips per day.
A TIAR was prepared for a change of zone application by Greenhouse Specialist
Inc. for TMK(3) 1-6-152:18 which is situated adjacent and to the west of the
subject property with access from Milo Street. The TIAR for Greenhouse
Specialist Inc. was prepared by AECOM Pacific,Inc. in September,2009. The
TIAR reported on existing conditions and projected traffic conditions for 2014. It
should be noted that the projections for 2014 made assumptions for an overall
increase in ambient traffic by 22.5%matching the projected population growth
rate for the Puna District;traffic generated from a maximum student enrollment
for Christian Liberty School of 400 students; full build out of the Ulupono Town
Center resulting in 38,000 square feet of commercial space and 77,000 square feet
of industrial space; inclusion of the Shipman Gateway Center, a commercial
center proposed on the western edge of the intersection of Highway 11 and
Highway 130; 60,000 square feet of warehouse space at the makai end of Milo
Street; and the proposed expansion of the Greenhouse Specialist Inc.'s project.
The 2009 TIAR prepared for Greenhouse Specialist Inc. found that, "The
Highway 130/Milo Street intersection is currently operating at level of service A
in both of the peak hours with school traffic; although the Highway 130
southbound left turn lane is operating at a minimally acceptable level of service D
in the morning peak. The intersection is forecast to operate at level of service B
for the 2014 ambient morning peak hour and at level of service A for the
afternoon peak hour. The left turn lanes on the Milo Street approach and the
Highway 130 southbound are forecast to operate at a minimally acceptable level
of service D in both peak hours. The additional traffic generated by the proposed
project is not expected to change these results. This result indicates that the
proposed project would not have an adverse traffic impact at this intersection."
Although the 2009 TIAR was prepared for another project,the conclusions may
be applied to the subject application for the following reasons: 1) The traffic that
was projected for the Greenhouse Specialist Expansion was estimated at less than
30 trips per hour while the traffic being generated by the applicant's operation is
approximately 35 for the entire day; and 2)Many of the assumptions made by the
traffic consultant in the 2009 TIAR did not materialize such as the full build out
of the Ulupono Town Center, construction of the Shipman Gateway Center,
construction of 60,000 square feet of warehouse space at the end of Milo Street
and expansion of the Greenhouse Specialist Inc.'s project. As a result,the 2009
TIAR vastly overestimated the projected 2014 traffic volumes which further
minimize the traffic impacts from the subject property.
2
B) CONFORMANCE WITH STATE/COUNTY PLANS
1) State Land Use designation: The subject property is situated within the State Land
Use Agricultural district. The proposed State Land Use boundary amendment from
the Agricultural to the Urban district is in conformance with the existing and potential
future use of the subject property. The proposed reclassification conforms to the
following standards for determining the Urban district boundaries:
• The project area is in close proximity to centers of trading and employment.
• The project area is served by basic services including schools,parks, solid waste
disposal,drainage,water,transportation systems,public utilities and police and
fire protection.
• The project area includes lands with satisfactory topography and drainage, is
reasonably free from the danger of any flood,tsunami,unstable soil condition and
other adverse environmental effects.
• Land contiguous with existing urban areas shall be given more consideration than
non-contiguous land, and particularly when indicated for future urban use on state
or county general plans.
• The project area is in an appropriate location for new urban concentrations as
evidenced by the County General Plan Land Use Pattern Allocation Guide
(LUPAG)Map designation.
• Approval of the proposed reclassification will not result in spot urban
development necessitating unreasonable investment in public infrastructure or
support services.
2) Coastal Zone Management: The subject application is not contrary to the policies
and objectives of Chapter 205A,the Coastal Zone Management Program. The
subject property is not a shorefront parcel and is located over 3 miles from the nearest
coastline. The application will have no effect on public access to the shoreline,will
not significantly impact scenic resources and will not have any effect on coastal
ecosystems.
3) Hawaii State Plan: The Hawaii State Plan serves as a guide for the growth and
future long-range development of the State. Chapter 226,Hawaii Revised Statutes
provides the following long term goals and policies of the Hawaii State Plan:
• 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
natural systems, and uniqueness,that enhances the mental and physical well being
of the people.
3
• Physical, social and economic well-being for individuals and families in Hawaii,
that nourishes a sense of community responsibility, of caring, and of participation
in community life.
• Encourage urban growth primarily to existing urban areas where adequate public
facilities are already available or can be provided with reasonable public
expenditures, and away from areas where other important benefits are present,
such as protection of important agricultural land or preservation of lifestyles.
• Make available marginal or nonessential agricultural lands for appropriate urban
uses while maintaining agricultural lands of importance in the agricultural district.
The subject application is in general conformance with the goals and policies of the
Hawaii State Plan. If approved,the proposed change of zone request will enhance the
viability of the existing 17,000 square foot metal building to continue as an economic
asset to the community for light industrial uses. Instead of being demolished and
thrown away once the flower packing business shuts down,the change of zone will
allow the facility to be reused and recycled which will help to conserve the use of
Hawaii's natural resources. Moreover, extending the life of an existing developed
parcel will reduce the pressure to convert other agricultural lands that are better suited
for agricultural production.
4) Applicable goals/policies and objectives of the General Plan: The proposed
project is consistent with the following goals,policies, and objectives of the General
Plan.
Economic Element
• Provide residents with opportunities to improve their quality of life through
economic development that enhances the County's natural and social
environments.
• Economic development and improvement shall be in balance with the physical,
social and cultural environments of the island of Hawaii.
• Strive for diversity and stability in its economic system.
• Provide an economic environment that allows new, expanded, or improved
economic opportunities that are compatible with the County's cultural,natural
and social environment.
• Strive for an economic climate that provides its residents an opportunity for the
choice of occupation.
• Strive for diversification of the economy by strengthening existing industries and
attracting new endeavors.
• Identify the needs of the business community and take actions that are necessary
to improve the business climate.
Land Use Element
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social,cultural, and physical environments of the County.
4
• Zone urban- and rural-types of uses in areas with ease of access to community
services and employment centers and with adequate public utilities and facilities.
• Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community,region and County.
• Encourage the development and maintenance of communities meeting the needs
of its residents in balance with the physical and social environment.
• Zoning requests shall be reviewed with respect to General Plan designation,
district goals,regional plans, State Land Use District, compatibility with adjacent
zoned uses, availability of public services and utilities, access and public need.
Land Use—Industrial Development
• Designate and allocate industrial areas in appropriate proportions and in keeping
with the social, cultural, and physical environments of the County.
• Promote and encourage the rehabilitation of industrial areas that are serviced by
basic community facilities and utilities.
• Achieve a broader diversification of local industries by providing opportunities
for new industries and strengthening existing industries.
• Industrial development shall be located in areas adequately served by
transportation,utilities, and other essential infrastructure.
5) General Plan designation: The subject property was included in the area that was
recently involved with an amendment to the General Plan Land Use Pattern
Allocation Guide (LUPAG)Map designation from Low Density Urban to Medium
Density Urban. Nevertheless,the Planning Department has always viewed the
LUPAG Map as a broad-brush graphic depiction of the general location of land uses
in relation to each other and was not intended to be parcel specific. The methodology
used to develop the land use pattern reflects a broad range of factors including
estimates of future population,economic facility needs,transportation,physical
features as well as economic and social characteristics of an area. This methodology
is evident in the Planning Director's reasons for recommending favorable
consideration of the State Land Use Boundary amendment from Agriculture to Urban
and rezoning from A-20a to ML-20 (identical to the subject application) for the
adjacent parcel to the west of the subject property (TMK: 1-6-152: 18) in 2010. The
referenced recommendation states, in part,the following:
"The reclassification action also conforms to the goals,policies and standards of,
among others,the Land Use and Economic Elements of the General Plan. The
General Plan Land Use Pattern Allocation Guide (LUPAG)Map component of
the General Plan is a representation of the document's goals,policies, standards
and courses of action. It is also a graphic depiction of the physical relationship
between the various land uses and establishes the basic urban and non-urban form
for areas within the County. The subject properties are in an area designated
Industrial on the LUPAG Map. The Industrial designation includes uses such as
5
manufacturing and processing,wholesaling, large storage and transportation
facilities and light industrial uses. Since 1971,the area of the old Puna Sugar Mill
has been designated as Industrial in the LUPAG. During the 1989 General Plan
Comprehensive Review,the Industrial designation was expanded by
redesignating lands in the vicinity from Intensive Agricultural and Orchards to
Industrial. This area was considered for industrial expansion as a variety of
industrial uses were established in the vicinity through the Special Permit process.
The County had determined that the industrial designation would promote and
encourage additional utilization of the area. The applicant requests a concurrent
Change of Zone from and Agricultural(A-20a)to a Limited Industrial (ML-20)
zoned district for 1.646 acres." (The complete recommendation as contained in a
letter dated February 25, 2010 from Rell Woodward, Chairman, Windward
Planning Commission to J. Yoshimoto, Chairman and Members of the County
Council is attached as appendix A.)
It should be noted that at the time of the above-referenced recommendation in 2010,
the actual color on the LUPAG map for the subject area was yellow or Low Density
Urban. The LUPAG Map designation of Industrial was interpreted to be the
appropriate designation for the area by considering a broad range of factors including
estimates of future population, economic facility needs,transportation,physical
features as well as economic and social characteristics of the area. Based on the
foregoing,the LUPAG Map designation for the subject property should similarly be
interpreted to be Industrial.
5) Zoning: The zoning designation for the subject property is Agricultural twenty acres
(A-20a). Although A-20a zoning exists on two sides of the property (south and east),
the parcel to the west is zoned ML-20 and parcels to the north are zoned MCX-20 and
ML-20.
6) Community Development Plan: The Puna Community Development Plan(CDP)
was adopted by the County Council on August 27,2008. The Puna CDP establishes
three major themes which guide the document as follows:
• "Malama I Ka'Aaina establishes how the contextual natural historic and cultural
features of Puna should be preserved and respected. The goals, objectives and
implementing actions under this theme address cultural and historic sites and
districts; forest lands and unique geological features; scenic resources; and
drainage, aquifers and coastal water quality."
• "Growth Management addresses how the future pattern of human settlement and
land should be shaped to respect that context and support the desired quality of
life for Puna's residents. The goals, objectives and implementing actions under
this theme address the land use pattern; agricultural and economic development;
public services, social services and housing,parks and recreation and renewable
energy and energy efficiency."
• "Transportation focuses on sustainable approaches to transportation to support the
goals of the two above themes. The goals, objectives and implementing actions
under this theme address mass transit and alterative travel modes,travel demand
management and roadway connectivity and safety."
6
The subject application is in general conformance with the goals,policies and
implementing actions of the Puna CDP. Due to the long standing use of the property
by the Puna Sugar Company and later as a anthurium packing facility the property has
been fully developed and does not exhibit historic, cultural and scenic resources that
warrant preservation. Similarly,there are no native forest, geological features,
aquifers, coastal waters, shoreline or stormwater issues for the subject property.
The land use pattern of the subject area has long been established for industrial uses.
Since 1971,the area of the old Puna Sugar Mill has been designated as Industrial in
the General Plan Land Use Pattern Allocation Guide(LUPAG)Map. During the
1989 General Plan Comprehensive Review,the Industrial designation was expanded
by re-designating lands in the vicinity from Intensive Agricultural and Orchards to
Industrial. This area was considered for industrial expansion as a variety of industrial
uses were established in the vicinity through the Special Permit process. In fact,the
subject property was one of the Special Permits approved in 1988. The County
determined that the industrial designation would promote and encourage additional
utilization of the area. Subsequent rezonings to industrial designations in the
immediate vicinity, utilizing the industrial LUPAG Map designation in 1997, 1998
and 2010 all confirmed the industrial land use pattern of this area.
7) Special Management Area (SMA): The subject property is not situated within the
SMA boundary.
C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE
PROPERTY AND SURROUNDING AREA
1) Description of the subject property: The subject property is situated on the south
side of Milo Street, approximately 350 feet east of the Milo Street—Keaau Bypass
Road intersection, Tax Map Key No. (3) 1-6-152: 20. Special Permit No. 671 was
approved in 1988 to allow"the establishment of a processing and packing facility for
anthurium and other flowers and foliage"on the subject property. The property has
been utilized for processing and packing anthuriums and flowers from the time the
warehouse structure was completed in 1991 to the present. Prior to the establishment
of the anthurium packing facility,the property was part of the Puna Sugar Company
mill complex which ceased operations in 1984.
2) Lava and Earthquake Hazard Zones: The volcanic hazard as assessed by the
United States Geological Survey for the project area is "3" on a scale of ascending
risks 9 to 1 (Heliker 1990). Zone "3" is not adjacent to or immediately downslope of
active rift zones. The Building Code designates the entire Island of Hawaii in
Earthquake Zone 3 and contains certain structural requirements to address the relative
seismic hazards.
3) Distance from the coastline: The coastline is situated approximately 3.4 miles north
of the subject property.
4) Agricultural Lands of Importance to the State of Hawaii(ALISH)designation:
The subject property is designated as prime agricultural land by the Agricultural
Lands of Importance to the State of Hawaii(ALISH) classification system. These
lands have the soil quality, growing season,and moisture supply needed to produce
7
sustained high yields of crops economically when treated and managed according to
modem farming methods. It should be noted,however,that the property has been
cleared, graded and fully developed since 1991 when the anthurium packing facility
was completed.
5) U.S.D.A.Natural Resources Conservation Services Soil Service Report soil type:
The soils of the project area are classified as being of the Ola'a series (OID)which is
extremely stony silty clay loam with 0 to 20%slopes. This soil has a very dark
brown extremely stony silty clay loam surface layer approximately nine inches thick
and is underlain by A'a lava. Permeability is rapid,runoff is slow,and the erosion
hazard is slight. The Agricultural Capability Subclass rating for OID soils is VIIs,
which indicates"soils have very severe limitations (mainly because it is shallow,
droughty, or stony)that make them unsuited to cultivation and that restrict their use
largely to pasture or range,woodland, or wildlife." (U.S. Soil Conservation Service
1973)
6) Land Study Bureau soil rating: The overall master productivity rating for the soils
of the subject property is Class C which is described as"fair".
7) Existing drainage ways or improvements: Two drywells have been constructed on
the subject property which addresses all on-site drainage issues and disposes of all
surface runoff on site.
8) Air/noise/water quality: The air quality of the subject property is primarily affected
by pollutants derived from the volcanic emissions from the ongoing Kilauea eruption.
Other sources of air pollution affecting the project site are vehicle exhaust emissions
from adjacent roads the oil-fired power plants in the vicinity. In general,however,
the ambient air quality of the project area meets all federal and state standards as
evidenced by its designation as an"attainment"area by the State Department of
Health, Clean Air Branch.
Existing noise levels in the vicinity of the subject property are typical of a industrial
area with traffic along the Keaau Bypass Road and along Milo Street being the
primary noise generators. Based on general observations at the project site,the site is
not subject to current or projected noise levels that exceed 65 DNL (day-night
average sound level, in decibels).
The closest water body to the project area is the Pacific Ocean, approximately 3.4
miles east of the project site. As such,the proposed change of zone is not anticipated
to have any impact on water quality.
9) Existing archaeological, cultural or historic sites on National Register or Hawaii
Register: A letter dated July 13,2015 was transmitted to Mr. Alan Downer,
Administrator of the State Historic Preservation Division(SHPD)requesting a"no
historic properties affected"determination from his agency. The letter indicates that
the property has been extensively altered by heavy machinery when it was cleared
and graded for the construction of a 17,000 square foot warehouse and related
facilities in 1991. No response has been received from SHPD to date. The entire
letter to SHPD is attached as Appendix B.
8
•
10) Existing floral/faunal resources (any native or exotic plants; any listed or
candidate for endangered species): The entire parcel has been previously cleared
and graded and utilized for an anthurium packing facility with a 17,000 square foot
warehouse,paved parking and a greenhouse since 1991. Due to this history of
intensive use,the property does not contain any habitat for federal or state listed,
candidate or proposed threatened or endangered plant or animal species.
11) Scenic or coastal resources: The predominant scenic views in the vicinity of the
project area are of Mauna Loa and Mauna Kea. These views will not be adversely
affected by the proposed rezoning. There are no coastal resources in the immediate
vicinity of the subject property.
12)Valued Cultural Resources: It is unlikely that there are any traditional and
customary native Hawaiian rights exercised in the area as it has been used for
agricultural and industrial purposes for quite some time.
13) Public Access: There is no existing public access to and along the shoreline or to
mountain areas through or proximate to the subject property.
14) Social settlement pattern for the area: Puna is primarily an agricultural district that
is transitioning from plantation-based agriculture to smaller scale diversified
agricultural operations. Kea'au town originated as a plantation town with the original
plantation village surrounded by uses that are oriented primarily to residents of the
Kea'au community itself. The community has grown, however,with region serving
facilities such as schools, post office,Kea'au Shopping Center and Shipman Park.
The land use pattern of the subject area has long been established for industrial uses.
Since 1971, the area of the old Puna Sugar Mill has been designated as Industrial in
the General Plan Land Use Pattern Allocation Guide (LUPAG)Map. During the
1989 General Plan Comprehensive Review,the Industrial designation was expanded
by re-designating lands in the vicinity from Intensive Agricultural and Orchards to
Industrial. This area was considered for industrial expansion as a variety of industrial
uses were established in the vicinity through the Special Permit process. In fact, the
subject property was one of the Special Permits approved in 1988. The County
determined that the industrial designation would promote and encourage additional
utilization of the area. Subsequent rezonings to industrial designations in the
immediate vicinity along Milo Street,utilizing the industrial LUPAG Map
designation in 1997, 1998 and 2010 all confirmed the industrial land use pattern of
this area.
13)Economic resources of the area: The primary economic sector in the Puna district
is agriculture with papaya, macadamia nuts and flowers as the major products. The
Keaau Village Core, situated to the west of the Keaau Bypass Road is one of the
primary urban centers in the district and includes regional as well local support
services for the community. The Keaau Elementary, Intermediate and High School
Complexes are located along the old Keaau-Pahoa Road alignment.
9
14)Land values: According to the Hawaii County Real Property Tax Website,the
assessed market value of the surrounding parcels that are zoned ML-20 or MCX- 20
are approximately$305,000/acre.
15)Land Use and Zoning of Surrounding Lands: The State Land Use designation of
the surrounding area to the north and west are Urban and Agriculture to the south and
east. The zoning designation to the north is MCX-20 and ML-20 while the zoning to
the west is ML-20. The zoning designation to the south and east are A-20a.
D) PUBLIC FACILITIES AND SERVICES
1) Description of access: Access to the subject property is provided by Milo Street
which is a private road with a pavement width of approximately 22 feet fronting the
subject property. Portions of Milo Street at the intersection with Ulupono Street and
the Keaau Bypass Road are government owned.
2) Availability of water: The subject property is currently served from an existing 8-
inch waterline along Milo Street. The current water usage will continue for the
foreseeable future with no changes anticipated at this time.
3) Sewage disposal: The subject property utilizes a septic system which was approved
by the Department of Health in 2005.
4) Solid waste: There is no municipal collection system for solid waste in the County
of Hawaii. All waste generated by the proposed project will be disposed at
appropriate sites designated by the Department of Environmental Management.
5) Police and fire protection: The police and fire stations are situated approximately
1.6 miles west of the subject property.
6) Schools: The project area is served by the Kea'au Elementary, Intermediate and
High School complexes in Kea'au town west of the subject property. In addition,the
private Christian Liberty School is situated adjacent and to the east of the subject
property.
7) Parks: Recreational facilities in Kea'au include Shipman Park and Shipman Gym
which are located west of the subject property in Kea'au town.
8) Other utilities and services (telephone/electricity): The subject property is served
by electrical and telephone lines along Milo Street.
E) ENVIRONMENTAL ASSESSMENT AND ANALYSIS
1) Relationship between local short term uses of environment and maintenance and
enhancement of long term productivity: The project area has been previously
cleared, graded and developed to construct a 17,000 square foot warehouse structure
that has been utilized as an anthurium packing facility since 1991. Although the
project area is designated as prime agricultural land by the Agricultural Lands of
Importance to the State of Hawaii(ALISH)classification system,the primary activity
on the property for over 20 years has been industrial in nature and not for agricultural
production. As such, approval of the subject State Land Use Boundary amendment
and change of zone application will be consistent with the existing use of the property
10
and enhance the long term productivity of the facilities that have been built on the
property.
2) Mitigative measures proposed to avoid,minimize, rectify or reduce impact:
Impacts resulting from the proposed State Land Use Boundary amendment and
change of zone are expected to be minimal. Any potential impacts can be mitigated
by complying with all applicable code requirements.
3) Alternatives to the proposed development: In the event that the State Land Use
Boundary Amendment and change of zone application are denied,the Agricultural
designation and A-20a zoning will remain in place. The subject property could
continue to be utilized as an anthurium packing facility or processing any other
agricultural commodity.
4) Irreversible and irretrievable commitments of natural resources that would be
involved if the proposed action is implemented: As stated previously,the subject
property has been fully developed as an anthurium packing facility since 1991. As
such, approval of the subject request will not result in any further commitment of
natural resources than what has already occurred.
11
APPENDIX A
County of Haw'aigq
PLANNING COMMISSION
Aupurn Center * I01 Pauahi Street,Suite 3 • Hilo,Hawaii 96720
Phone(808)961-8288 • Fax(808)961-8742
February 25, 2010
The Honorable J Yoshimoto, Chairman
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo,HI 96720
Dear Chairman Yoshimoto and Council Members:
State Land Use Boundary Amendment Application (SLU 09-000024)
Request: Agricultural to Urban
Change of Zone Application(REZ 09-000110)
Request: A-20a to ML-20
Applicant: Greenhouse Specialists,Inc.
Tax Ma Ke : 1-6-152:18
The Windward Planning Commission at its duly held public hearing on February 5,2010, voted
to recommend for your approval the proposed legislative bills for a State Land Use Boundary
Amendment from the Agricultural to Urban district and a Change of Zone from an Agricultural
20 acres (A-20a)to Limited Industrial- 20,000 square feet(ML-20)district for 1.646 acres of
land. The property is located on the southeast corner of the Kea'au Bypass Road and Milo Street
intersection,approximately one mile east of the Kea'au Town Center, Kea`au,Puna Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the requests:
State Land Use Bound Amendment
The approval of the reclassification from the State Land Use A
the Urban District fora Y Agricultural to
approximately 1.646 acres will not be in violation of Section
205-2,Chapter 205,Hawaii Revised Statutes,nor will it be inconsistent with the
Land Use Commission Rules,the County General Plan and the Rawai`i State Plan.
Under the Land Use Commission Rules,one of the standards for considering an area for
Hawai County
ty is an 4tr l 3ppdrhrnln t rms) tnd Employer
YAR
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 2
urban reclassification states that"In determining urban growth for the next ten years,or in
amending the boundary, land contiguous with existing urban areas shall be given more
consideration than non-contiguous land, and particularly when indicated for future urban
use on state or county general plans." Although the properties are not contiguous to
Urban designated lands,the project area lies directly across from an Urban district on the
west(Ulu Pono Town Center)and south, across the Kea`au-Pahoa Bypass. The subject
properties have been used as a site for a greenhouse and nursery supply outlet facility and
related uses since 1996 under Special Permit No. 931.
The reclassification action also conforms to the goals,policies and standards of.
among others, the Land Use and Economic Elements of the General Plan. The General
Plan Land Use Pattern Allocation Guide(LUPAG)Map component of the General Plan is
a representation of the document's goals,policies,standards and courses of action. It is
also a graphic depiction of the physical relationship between the various land uses and
establishes the basic urban and non-urban form for areas within the County. The subject
properties are in an area designated Industrial on the LUPAG Map. The Industrial
designation includes uses such as manufacturing and processing,wholesaling, large
storage and transportation facilities and light industrial uses. Since 1971,the area of thc-
old Puna Sugar Mill has been designated as Industrial in the LUPAG. During the 1989
General Plan Comprehensive Review,the Industrial designation was expanded by re-
designating lands in the vicinity from Intensive Agricultural and Orchards to Industrial.
This area was considered for industrial expansion as a variety of industrial uses were
established in the vicinity through the Special Permit process. The County had
determined that the industrial designation would promote and encourage additional
utilization of the area. The applicant requests a concurrent Change of Zone from an
Agricultural (A-20a)to a Limited Industrial (ML-20)zoned district for 1.646 acres.
The reclassification action would be consistent with the goals,objectives and
policies of the Hawai`i State Plan and Puna Community Development Plan by providing
future employment opportunities and improved living standards and stimulating the
development and expansion of economic activities.
The Urban classification conforms to the standard that the development is
within reasonable proximity to centers of trading and employment and to basic
services such as schools, police and fire protection,transportation systems and
water. The property is located less than one mile from the village retail and employment
center of Kea`au. Schools and medical,police and fire services are also located within
Kea'au. According to the Department of Water Supply, water is available to the site from
an existing 8-inch and 12-inch waterlines within Milo Street fronting the parcel. There is
no municipal sewer system in the area. There is an existing cesspool for wastewater.
The Honorable J Yoshi noto, Chairman
and Members of the County Council
Page 3
which complies with all applicable Department of Health rules and regulations. The
applicant states that upon construction of the retail garden center, a septic wastewater
treatment system meeting the Department of Health and Environmental Protection
Agency standards will be installed.
Urban Districts shall include lands characterized by"city-like"concentration
of people,structures,streets,urban level of services and other related Iand uses.
Several commercial and industrial uses have been established over the years on
surrounding properties and the subject properties through special permits. Recently large
areas of land north of the Milo Street extension and east of the Kea'au-Pahoa Bypass
have been reclassified from the Agricultural to the Urban district,and rezoned from
agricultural to industrial or mixed commercial-industrial. As industrial and industrial-
commercial uses already exist in the immediate area, the urbanization of the project site
will not contribute towards scattered urban development.
There are no severe geological or topographical problems which cannot be
properly rectified or which would render the land unusable. The U.S. Federal
Emergency Management Agency designates the property as Zone"X", areas outside of
the 500-year flood plain. The property is located over three miles from the shoreline, at
an elevation of about 300 feet above sea level and are fairly level. All project generated
runoff will be disposed of on-site to avoid any negative impact to surrounding properties.
Thus,the reclassification meets with the standard which states that the lands included
within the urban district"....shall be those with satisfactory topography and drainage and
reasonably free from the danger of floods,tsunami and unstable soil conditions and other
adverse environmental effects."
While the property is within the State Land Use Agricultural and County's
Agricultural(A-20a)zoned district, it is not currently being used for active agricultural
purposes. The property is improved with a 4,000 square foot sales office/warehouse and
loading bay,along with a 192-square foot storage area. The greenhouse and nursery
supply operation will be relocated to the proposed new 5,000 square foot building. The
existing office and warehouse facility will then be used for the applicant's retail nursery
and garden supply store. The State of Hawaii ALISH Map classifies the subject property
as Prime Agricultural Land. The Land Use Study Bureau's Overall Master Productivity
Rating for the soils in the area is "C"or"Fair." Surrounding properties to the west and
south are in the State Land Use Urban district and zoned MCX-20(rezoned in 1998),
ML-20 (rezoned m 2004), and Single-Family Residential across from the Keeau Bypass
Road. Properties to the north and east are in the State Land Use Agricultural district and
zoned A-20a. The Ulupono Town Center is located across the project site to the west.
The Hawai 1 Right to Farm Act,HRS chapter 165,was enacted to protect farming
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 4
operations on land in the State Land Use Agricultural District when adjacent land is
reclassified out of the Agricultural District. A condition of approval will require the
applicant notify prospective purchasers,tenants or lessees of the Hawaii Right to Farm
Act. Therefore, the reclassification of this 1.646-acre area from the Agricultural to the
Urban designation will not be detrimental to the reduction of this area from the
agricultural land inventory in the County of Hawai`i. Furthermore, an Urban
classification would complement the existing and future land use pattern of the
surrounding area in view of the urban uses already in existence in close proximity to the
property.
Based on the above,the approval of the State Land Use Boundary Amendment
from the Agricultural to the Urban District complements the State Land Use District
Regulations and County General Plan and is supportive of the Hawaii State Plan.
Change of Zone
The applicant requests a Change of Zone from Agricultural -20 acres (A-20a) to
Limited Industrial-20,000 square feet(ML-20)for approximately 1.646 acres of land.
The applicant intends to expand the existing greenhouse and nursery supply outlet facility
allowed under Special Permit No. 931 to allow the sale of retail garden supplies,tools,
plants and related nursery supplies. As such, the applicant wishes to reclassify and rezone
the parcel to a more appropriate zoning district rather than seek an amendment to the
Special Permit. Proposed improvements include:
• a new 5,000 square foot storage building with a 20-foot overhang to provide 2,000
square feet of additional outside covered storage and parking area
• additional parking stalls for a total of 17 standard and one handicapped parking
stall
• paving, as required on the site.
The applicant has submitted a concurrent request for a State Land Use Boundary
Amendment from an Agricultural to an Urban district.
In order to consider an area for any type of zoning designation, the applicable
goals,policies and standards of the General PIan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
The Honorable J Yoshinnoto, Chairman
and Members of the County Council
Page 5
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar areas in the
County.
The Change of Zone request from A-20a to ML-20 conforms to the goals,
policies and standards of the General Plan and Puna Community Development
Plan. The General Plan is intended to be used as a policy guide for the coordinated
growth and development of all sectors of the County. It sets forth goals,policies,
standards and courses of action to accommodate growth without congestion, to designate
and preserve the lands needed for residential use,commercial and visitor services,
industry, agriculture and open space, and to coordinate these uses with the County's
service and circulation systems. The overall goals,policies and standards are set forth to
physically plan the lands in the County in the best interest of the island's residents. The
Puna Community Development Plan translates the broad General Plan statements to
specific actions for the Puna district. The Puna district in general lacks industrial areas
suitable for small-scale industry. Nearby Shipman Industrial Park contains large lots that
cater more to large-scale industrial uses. The General Plan Course of Action for Puna
states"identify sites suitable for future industrial activities as the need arises." An action
of the Puna Community Development Plan would be achieved by the proposed project in
that it would provide jobs to Puna residents and support the goals of the Enterprise Zone
program.
The proposed change of zone conforms to the General Plan Land Use Pattern
Allocation Guide(LUPAG)Map. The Land Use Pattern Allocation Guide(LUPAG)
Map component of the General Plan is a representation of the document's goals and
policies to guide the coordinated growth and development of the County. It reflects a
graphic depiction of the physical relationship among the various land uses. The LUPAG
Map establishes the basic urban and non-urban form for areas within the County. The
property is designated Industrial,which includes uses such as manufacturing and
processing,wholesaling, large storage and transportation facilities, light industrial and
industrial-commercial uses.
The ALISH Map identifies the property as Prime Agricultural Land and the Land
Study Bureau's Productivity rating for the site is"C"or"Fair." The property is improved
with a 4,000 square foot sales office/warehouse and loading bay,along with a 192-square
foot storage area. The greenhouse and nursery supply operation will be relocated to the
proposed new 5,000 square foot building. The property has not been in intensive
agricultural use, as it is currently the site of a warehouse and office facility. Surrounding
properties to the west and south are in the State Land Use Urban district and zoned MCX-
The Honorable J Yoshirnoto,Chairman
and Members of the County Council
Page 6
20(rezoned in 1998), ML-20(rezoned in 2004), and Single-Family Residential across
from the Keeau Bypass Road. Properties to the north and east are in the State Land Use
Agricultural district and zoned A-20a. The Ulupono Town Center is located across the
project site to the west. The Hawai`i Right to Farm Act,HRS chapter 165, was enacted
to protect farming operations on land in the State Land Use Agricultural District when
adjacent land is reclassified out of the Agricultural District. A condition of approval will
require the applicant notify prospective purchasers. tenants or lessees of the Hawaii
Right to Farm Act. Therefore,the requested Limited Industrial zoning is consistent with
the LUPAG Map.
All utilities and services are available to the site. According to the Department
of Water Supply,water is available from existing 8-inch and 12-inch waterlines within
Milo Street fronting the parcel. A condition of approval will be included to submit daily
water usage calculations to the Department of Water Supply. There is an existing
cesspool for wastewater,which complies with all applicable Department of Health rules
and regulations. The applicant states that upon construction of the retail garden center, a
septic wastewater treatment system meeting the Department of Health and Environmental
Protection Agency standards will be installed. Solid waste will be disposed of at
appropriate sites designated by the Department of Environmental Management.
Electricity and telephone services are available to the site. All essential utilities are
available to the project site. Police and fire services are available a mile from the site, in
Kea'au. Medical services are available at Hilo Medical Center.
Access to the project site is by an existing 27-foot wide paved driveway off Milo
Street. According to the Department of Public Works, the portion of Milo Street that is
privately owned(TMK: 1-6-152: 26)fronting the subject property is currently under
consideration for dedication to the County. The existing Milo Street right-of-way width
from Kea`au-Pahoa Road Bypass is 80 feet(State owned),then 40 feet(TMK: 1-6-152:
26). The DPW recommends improvements to the property's Milo Street frontage
consisting of, but not limited to, pavement widening with concrete curb,gutter and
sidewalk,drainage improvements and any required utility relocation meeting the
requirements of the Americans with Disabilities Act. The improvements will be required
to be located within any future road widening setback.
A condition of approval will be added requiring the applicant to construct
roadway improvements along the property's frontage on Milo Street consisting of,but not
limited to,pavement widening with concrete curb, gutter and sidewalk,drainage
improvements,and any required utility relocation. A condition is added to require the
applicant to widen the portion of Milo Street fronting the property(TMK: 1-6-152: 26)an
additional 40 feet to align with the approximately 80-foot wide State-owned portion of
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 7
Milo Street. Additionally, a condition of approval will be added that no home
improvement centers are allowed, to avoid a potential increase in traffic not consistent
with the plans presented in the application. The property has no severe geological or
topographical problems which cannot be rectified or which would render the land
unusable. The project site is located within Zone"X",areas determined to be outside the
500-year floodplain. All development generated storm run-off shall be disposed of on-
site and not allowed onto adjacent properties or roadways.
The request is not contrary to Chapter 205A,Hawaii Revised Statues,
relating to Coastal Zone Management. The subject property is not in the Special
Management area, located more than three miles from the shoreline and will not be
impacted by coastal hazards or affect beach erosion, coastal ecosystems and marine
resources. There is no record of a designated public access to the shoreline or mountain
areas that traverses the property. According to the applicant,no valued cultural or natural
resources exist on the site and there is no evidence of any traditional and customary
Native Hawaiian rights being practiced on the property. No formal archaeological study
was conducted of the site. By letter dated June 22,2009,the DLNR-SHPD indicated that
no historic properties will be affected by the proposed project. Thus, the proposed
request is not contrary to Chapter 205A. Hawai`i Revised Statutes.
Based on the above, approval of this change of zone request from an
Agricultural 20-acre(A-20a)to a Limited Industrial-20,000 square feet(ML-20)
zoned district would result in an appropriate land use pattern that is consistent with
the General Plan, and will further benefit the general public.
For your favorable consideration,amendments to the State Land Use Boundaries Maps and
Section 25-8-22 (Puna District Zone Map)of the County Zoning Code are transmitted.
( {
The Honorable J Yoshimota, Chairman
and Members of the County Council
Page 8
We are enclosing copies of the staff Background and Planning Director's Reconunendation for
your information
Sincerely,
Reil Woodward, Chairman
Windward Planning Commission
Lgreenhousespecialists02PC
Enclosures
cc: Thomas L. H. Yeh,Esq.
Greenhouse Specialists, Inc.
Department of Public Works
Department of Water Supply
Department of Land&Natural Resources-HPD
DOT-Highways,Honolulu
Lincoln Ashida, Esq., Corporation Counsel
APPENDIX B
BRIAN T.NISHIMURA,PLANNING CONSULTANT
101 Aupuni Street,Suite 217
Hilo,Hawaii 96720-4221
Phone:(808)935-7692 Fax:(808)935-6126 E-mail:nishimura.brian@gmail.com
July 23,2015
Mr. Alan Downer,Administrator
State Historic Preservation Division
601 Kamokila Blvd.,#555
Kapolei,Hawaii 96707
Subject: Request for a"No Effect"determination
State Land Use Boundary Amendment(Agriculture to Urban)
Change of Zone Application Agricultural 20-acres to Industrial
Applicant: Milo Street Ventures,Inc.
Tax Map Key: (3) 1-6-152: 20
Dear Mr. Downer:
The applicant intends to submit a State Land Use boundary amendment application from
Agriculture to Urban and a change of zone application from Agricultural 20-acres to an Industrial
Zoning designation for approximately 2.082 acres of land on tax map key no. (3) 1-6-152: 20.
The property is located along the east side of Milo Street,approximately 300 feet northeast of the
Milo Street-Keaau Bypass Road intersection,Keaau,Puna,Island of Hawaii.
The subject property has been extensively altered by heavy machinery when it was cleared and
graded for the construction of a 17,000 square foot warehouse and related facilities in 1991. In
addition,two greenhouse structures were constructed later in 1996. The property has been
utilized as a packing facility for anthurium and other flowers and foliage since 1991. No
additional structures are proposed at this time. (See attached Google earth view of the property
which has the physical address at 16-685 Milo Street,Keaau,Hawaii 96749)
The subject property is not known to be associated with nor valued by native Hawaiian people or
any other ethnic group for carrying out traditional practices and beliefs. The subject property has
not been utilized for any other purpose than a packing facility and small scale agriculture for over
20 years. Based on the foregoing,we believe that a determination of"no historic properties
affected"is appropriate for the proposed project. Thank you for your assistance in this matter.
Sincerely,
Brian T. Planning Consultant
w/attachment
N
• 1
Ilk
Ry, .
i x-685'AID j: •••�
i
.d`
d
1
..
t
Ai":4 il. lk ..
i
-3Z?()11I .. '"
(
2,5__.,,,,,,,, ..."„i„:-,,, '..:-.,.,.'
2.i`F110
wa
ZI' Qom°
��'Z-
)%\"---'.':
Zf CO
s- ` v
�� J_` .--1-
O
Vi ,.--,;/
ovod �:� J
�• moi �lE�Jo ;.��1 fl` s3ti��
8B1 w
b)
.77
c �7
Y
_� Nit `
N ` .V / y -
�` JAZ' £ I �,1 .1 2 I Z ID 40 zt
= N
= 1 .1 ,-, Wil Zcoo ,
j ; �' OII � Q Qzro
4
4011'3. 5 N � o N U
'PaI ,1' 1 N ¢ 1 1 CO azo
_to
_.._.. 1)j -:. }11 +'1 O 11 a ER8 ��� N � tiO � Fi
ch^ °ate ' 1 ccNa w
\� X1 ` 0 ! I � _ OVa Es v � W N V0¢ Q
\ f - „
" i�
\ � 1 ,; U - N Z 11 (-) ,_ z 4i x
J C
x y 1 _ ¢
v U ,
,,y r 1 : ;
O '
N
mK E
5 r
ii I
,01 _ moi. O
t
-.6 d-.
aN -
� ntr,y
1
tp o p
N o _U o O
11
1s ON0d070 3 I
0 •
p N
0 , J a „ _ o€
s e v
.� 1 � In 4S yo E
>r 11 . t °
N � ¢ Y W W 1' i.4 !� E o
vi
K O
(n o o<i o II me �W�
U to t t .0 - 2 vb
g 1-
t'-'.� °'. g - E m
1m O ¢�3°ooe'wu a Wo; o
(o CO.T
a 111 2 vii,o
ti it 4`o Z W In'n W, �E
� , � I ; 0.-¢- 3�0I8 Oto=
§ 25-5438 HAWAI`I COUNTY CODE
Section 25-5-138. Other regulations.
(a) Plan approval shall be required for all new structures and additions to existing
structures in the MCX district.
(b) Exceptions to the regulations for the MCX district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
(1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999;Am. 2015, Ord. No. 15-33,
sec. 4.)
Division 14. ML, Limited Industrial Districts.
Section 25-5-140. Purpose and applicability.
The ML(limited industrial) district applies to areas for business and industrial
uses which are generally in support of but not necessarily compatible with those
permissible activities and uses in other commercial districts.
(1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.)
Section 25-5-141. Designation of ML districts.
Each ML(limited industrial) district shall be designated by the symbol"ML"
followed by a number which indicates the minimum land area, in thousands of square
feet, required for each building site.
(1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.)
Section 25-5-142. Permitted uses.
(a) The following uses shall be permitted in the ML district:
(1) Agricultural products processing, minor.
(2) Airfields, heliports and private landing strips.
(3) Animal hospitals.
(4) Animal quarantine stations.
(5) Aquaculture activities.
(6) Automobile and truck storage facilities.
(7) Automobile and truck sales and rentals.
(8) Automobile service stations.
(9) Bakeries.
(10) Bars.
(11) Broadcasting stations.
(12) Car washing.
(13) Carpentry, hardwood products and furniture manufacturing and storage
establishments.
(14) Catering establishments.
(15) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(16) Churches, temples and synagogues.
(17) Cleaning and dyeing plants.
25-116
UNOFFICIAL ADVANCE SHEET-Contains sec(s). affected since publication of Supp.19(1-2015)
Official revision to be published in 2015 Edition of Code.
Planning Dept.
Exhibit
ZONING § 25-5-142
(18) Commercial parking lots and garages.
(19) Community buildings, as permitted under section 25-4-11.
(20) Contractors'yards for equipment, material, and vehicle storage, repair, or
maintenance.
(21) Crematoriums, funeral homes, funeral services, and mortuaries.
(22) Day care centers.
(23) Financial institutions.
(24) Food manufacturing and processing facilities.
(25) Greenhouses, plant nurseries.
(26) Heavy equipment sales, service and rental.
(27) Home improvement centers.
(28) Junkyards, provided that the building site is not less than one acre in area.
(29) Laboratories, medical and research.
(30) Laundries.
(31) Lumberyards and building material yards, but not including concrete or
asphalt mixing and the fabrication by riveting or welding of steel building
frames.
(32) Manufacturing, processing and packaging establishments, light.
(33) Motion picture and television production studios.
(34) Photographic processing.
(35) Plumbing, electrical, air conditioning and heating establishments.
(36) Public uses and structures, as permitted under section 25-4-11.
(37) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating
shops.
(38) Recycling centers, which do not involve the processing of recyclable materials.
(39) Repair establishments, minor.
(40) Restaurants.
(41) Self storage facilities.
(42) Storage and sale of seed, feed, fertilizer and other products essential to
. agricultural production.
(43) Telecommunication antennas, as permitted under section 25-4-12.
(44) Temporary real estate offices, as permitted under section 25-4-8.
(45) Transportation and tour terminals.
(46) Truck, freight and draying terminals.
(47) Utility facilities, public and private, including offices or yards for equipment,
material, vehicle storage, repair or maintenance.
(48) Utility substations, as permitted under section 25-4-11.
(49) Veterinary establishments.
(50) Vocational schools.
(51) Warehousing, which does not include retail sales or discount houses or
establishments open to the general public or defined members.
(52) Wholesaling and distribution, including the storage of incidental materials
and equipment, except for highly flammable or explosive products.
25-117
§ 25-5-142 HAWAII COUNTY CODE
(b) In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the ML district, provided that a use permit is issued for each
use:
(1) Major outdoor amusement and recreation facilities.
(2) Schools.
(3) Yacht harbors and boating facilities.
(c) The following uses may be permitted in the ML district as incidental and
subordinate to any permitted use:
(1) Living quarters for watchmen or custodians in connection with the operation
of any permitted use.
(2) Retail sales.
(3) Services for persons working in an ML district which are conducted within an
integral part of a main structure with entrances from the interior of the
building and which have no display or advertising visible from the street.
(d) Buildings and uses normally considered directly accessory to the uses permitted in
this section shall also be permitted in the ML district.
(1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999;Am. 2011, Ord. No. 11-26, sec. 4;
Am. 2012, Ord. No. 12-28, sec. 16.)
Section 25-5-143. Height limit.
The height limit in the ML district shall be forty-five feet.
(1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.)
Section 25-5-144. Minimum building site area.
The minimum building site area in the ML district shall be ten thousand square
feet.
(1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.)
Section 25-5-145. Minimum building site average width.
Each building site in the ML district shall have a minimum building site average
width of seventy-five feet.
(1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.)
Section 25-5-146. Minimum yards.
Minimum yards in the ML district shall be as follows:
(1) Front yard, fifteen feet; and
(2) Side and rear yards, none, except where the adjoining building site is in an
RS, RD, RM or RCX district.Where the side or rear property line adjoins the
side or rear yard of a building site in an RS, RD, RM or RCX district, there
shall be a side or rear yard which conforms to the side or rear yard
requirements for dwelling use of the adjoining district.
(1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.)
25-118
ZONING § 25-5-147
Section 25-5-147. Other regulations.
(a) All front yards in the ML district shall be landscaped, except for drives and
walkways.
(b) Where any required side or rear yard in the ML district adjoins a building site in an
RS, RD, RM or RCX district, the side or rear yard shall be landscaped with a
screening hedge not less than forty-two inches in height, along the side or rear
property lines so adjoining, except for necessary drives and walkways.
(c) Plan approval shall be required for all new structures and additions to existing
structures in the ML district.
(d) Exceptions to the regulations for the ML district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
(1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999; Am. 2015, Ord. No. 15-33,
sec. 4.)
Division 15. MG, General Industrial Districts.
Section 25-5-150. Purpose and applicability.
The MG (general industrial) district applies to areas for uses that are generally
considered to be offensive or have some element of danger.
(1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.)
Section 25-5-151. Designation of MG districts.
Each MG (general industrial) district shall be designated by the symbol"MG"
followed by a number which indicates the minimum land area, in number of thousands
of square feet, required for each building site, or if the number is followed by the symbol
"a," by the minimum number of acres required for each building site.
(1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.)
Section 25-5-152. Permitted uses.
(a) The following uses shall be permitted in the MG district:
(1) Agricultural products processing, major and minor.
(2) Airfields, heliports and private landing strips.
(3) Animal hospitals.
(4) Animal quarantine stations.
(5) Animal sales, stock, and feed yards.
(6) Aquaculture activities and facilities.
(7) Automobile and truck storage facilities.
(8) Automobile body and fender establishments.
(9) Automobile service stations.
(10) Bakeries.
(11) Bars.
(12) Breweries, distilleries, and alcohol manufacturing facilities.
(13) Broadcasting stations.
25-119
UNOFFICIAL ADVANCE SHEET-Contains sec(s).affected since publication of Supp. 19(1-2015)
Official revision to be published in 2015 Edition of Code.
120'
it
b _ 60' 60'
8' 10' 244______101_2:.____L_3' IO'
I
PRIMARY ARTERIALS
18' 10' 12' 12'
10' 18'
r
SECONDARY ARTERIALS
It. q
60'
10' 1 8' 12'
i
BUSINESS a INDUSTRIAL STS. ,
R.
6 0'
R.
12' 9 10' 8 12'
• URBAN • 10' •-12' * 12'
2 '10
t i '
I I
COLLECTOR STREETS
t.
ft
so'
�
9' 6' 10' I 10'
�. I 66' 9'
\ MINOR 'STREETS -
E S 8r CUL DE - SAC `
,a
a0Provide Parabolic
3•4, Curve Connection
11
-p5
O
/C�• .1 t.---:-...,__________ 7.7'54R
CI i
V
tx
" CTL CUL — DE — SAC i o
M ; ?' Planning Dept.
R1W widths shown hereon ore minimum.
-*1 9_34 for Rood1/
Pavement and Shoulder Detail. 3
Exhibit
STREET CROSS SECTIONS •
WITHOUT SIDEWALK
►WAj1STREET CROSS-SECTIONS
��� TY�FNAWA�� WITHOUT SIDEWALK STANDARD
O ETAI LS R-33
.. ... I.1f1T TA c-n w• (.
q{1
d
STREET PAVEMENT SHOULDER _ SWALE 12'—O"
f MIN. 5'-0" SAME AS
6" FINISH GRADE i
K FINISH GRADE 8" MAX. 2"/I• .
2% I 2%-- 3/4"/FT. � —..
i
I MAIM ',.
i CONDITION AT
J I 1 The invert shall not FILL SECTION
i 1 I coincide with the I
i 2" Min. Asphaltic Concrete utility pole location. "
f 4" Min. Aggregate Bose Course2" Min. Asphaltic Concrete 1-1/2" Aspholtic Concrete
f 1 6" Min. Select Borrow Subbase 4" Min. Aggregate Bose
or os required by the Engineer. 4" Min. Aggregate Base v
ISTREET WITH SHOULDER L.
HALF SECTION OF
r
STREET
PAVEMENT 2'-0 VARIES 2'-0"
r i T
1', I '
I 4.
i / Q FINISH GRADE --2% (Max.) i 2"/ m,
CONDITION AT .
CUT SECTION
2" Min. Aspholtic Concrete 4" Thick Class "B" Concrete ;
4" Min. Aggregate Base Course 4" Min. Aggregate Base
6" Min. Select Borrow Subbase
or as required by the Engineer.
HALF SECTION OF STREET WITH SIDEWALK I
ROAD PAVEMENTS AND SHOULDERS
1,..:,:,
R-34 STANDARD ROAD PAVEMENT AND SHOULDERS ::-
COUNTY OF HAWAII
DETAILS
REVISED :,
MAY 2001 SCALE:NOT TO SCALE e vi,
MS NR'.? 17 n m
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII 7 r= i` :NT
H I LO, HAWAII `all it -,Hv
g -�� } a�;Ali
DATE: November 16, 2015
Ne4/0444getarn
TO: Duane Kanuha, Planning Director
FROM: Department of Public Works, Engineering Division
g 9
SUBJECT: STATE LAND USE BOUNDARY AMENDMENT (SLU 15-000045)
Request: Ag to Urban
CHANGE OF ZONE APPLICATION (REZ 15-000197)
Request: A-20a to ML-20
Applicant: Milo Street Ventures Inc.
Tax Map Key: 1-6-152: 020
We have reviewed the subject application forwarded by your memo dated October 20,
2015 and offer the following comments for your consideration.
All development-generated runoff shall be disposed of on site and not directed toward any
adjacent properties. A drainage plan may be required by the Plan Approval process in
accordance with Section 25-2-72(3) of the Hawaii County Code.
The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map
(FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area
determined to be outside the 500-year floodplain.
Access to the subject property is from Milo Street (1-6-152: 019) that is privately owned.
Based on the proposed zoning,we recommend the applicant provide improvements to the
subject property's Milo Street frontage consisting of, but not limited to, pavement widening
with concrete curb, gutter and sidewalk, drainage improvements, and any required utility
relocation, meeting the requirements of the Americans with Disabilities Act. The
improvements shall be located within any future road widening setback as may be
established by the Planning Department.
Questions may be referred to Kelly Gomes at ext. 8327. -..� -.
4 - 4
1=P I
Planning Dept. l
NOV.. 1 8 2015 /
Exhibit 0205
'SS`
`pG z+`� DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
yrraF -HMOS�?p 2,-4 5 KEKuANAO:A STREET. SUITE 20 • HILO. HAW.AI'i 96720
TELEPHONE t880E1 961 -80E0 • FAX (808) 961-8657
November 18,2015
TO: Mr. Duane Kanuha, Director -
Planning Department
3
•
FROM: Keith K. Okamoto, Manager-Chief Engineer v
SUBJECT: State Land Use Boundary Amendment Application (SLU 15-000045) —Z r',J
Request: Agriculture To Urban
Change of Zone Application(REZ 15-000197)
Request: A-20a to ML-20
Applicant—Milo Street Ventures Inc.
Tax Map Key 1-6-152:020
We have reviewed the subject applications and have the following comments and conditions.
Please he informed that the average daily usage through the existing 1-inch meter serving the subject parcel has
averaged approximately 2,170 gallons per day(GPD)over the past two(2)years. This equates to approximately
six(6) units of water at 400 gallons per day per unit,which is three(3)times the average daily usage that was
allotted to the parcel.
As the current water usage is already exceeding the allotted amount of water and due to the additional water
demand that will be generated by the applicant's request that will allow another business on the parcel,the
applicant must comply with the following conditions:
1. Submit estimated maximum daily water usage calculations, prepared by a professional engineer licensed
in the State of Hawai`i,for review and approval. The calculation should include water use for the
additional water demand that will be generated by the proposed business. The water demand
calculations should include the estimated maximum daily usage in gallons per day and the estimated ..•
peak flow in gallons per minute.
Based on the calculations provided per Item No. I above. and if additional water is available,the 19
applicant will be required to cut and plug the existing service lateral to the existing 1-inch meter and CD
install a larger service lateral and meter. The larger meter size, applicable facilities charge, and service •C
lateral installation charge, will be determined by the Department upon approval of the water usage C :a
calculations provided per Item No. I above. a K
0- LLt
2. Please be informed that the nearest fire hydrant is inadequate to provide the minimum required flow of
2.000 gallons per minute for fire protection. based on the proposed zoning. There are existing
waterlines fronting the subject parcel that are adequate to pros ide the required fire flow; however. the
applicant may be required to install a fire hydrant fronting the parcel. We recommend that the,applicant
contact the Fire Department for any other fire protection requirements.
NOV 2itt 11114"
_Water, Our Most Precious.`Resource , . . a'Wai 2L Kane .
Tha r nartment of Water Suooiv is an Eaual Opportunity prOVidet and employer,
Mr. Duane Kanuha, Director
Page 2
November 18,2015
3. There is an existing reduced pressure type backflow prevention assembly installed after the existing
meter;therefore,the applicant has already fulfilled this requirement. However,should a larger or
additional meter be required,a reduced pressure type backflow prevention assembly must be installed
within five(5)feet of the meter on private property and must be inspected by the Department before
water service can be activated.
4. Subject to other agencies' requirements to construct improvements within the road right-of-way fronting
the property affected by the proposed development,the applicant shall be responsible for the relocation
and adjustment of the Depai tment's affected water system facilities, should they be necessary.
Should there be any questions,please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch
at 961-8070, extension 256.
Sincerely yours,
!
, /
Keith K. Okamoto, ' .E.
Manager-Chief Engineer
RQ:dfg
copy— Milo Street Ventures Inc.
Mr. Brian T. Nishimura
•
William P.Kenoi r;�r */, :r BJ Leithead Todd
Mayor =- •t Director
Walter K.M.Lau •cf N'+r- '. John A.Medeiros
Managing Director Deputy Director
COWIN of c lan
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekuanao`a Street,Suite 41 • Hilo,Hawaii 96720
(808)961-8083 •Fax(808)961-8086 -_
gilt , ;t` i '_t ti94t)11191C yi
envtrop t k1
MEMORANDUM
J
Date : October 26,2015 .-
To : DUANE KANUHA,Planning Director
From: BJ LEITHEAD TODD, Director
Subject: State Land Use Boundary Amendment(SLU 15-000045)
Request: Ag to Urban
Change of Zone Application(REZ 15-000197)
Request: A-20a to ML-20
Applicant:Milo Street Ventures Inc.
TMK: 1-6-152:020
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.)
( ) 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. CI 41
( ) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer CA
stations,or other suitable diversion programs. .0 aSsa
( ) Construction and demolition waste is prohibited at all County Transfer Stations. C ;a
( ) Submit Solid Waste Management Plan in accordance with attached guidelines. a -_
( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on
current status.
( ) Other:
Ei �'y 9
County of Hawai`i is an Equal Opportunity Provider and Employer. 1 01 1 C
William P.Kenoi '(.% ' : BJ Leithead Todd
Mayor -- -.see,. Director
Walter K.M.Lau !;".•.. John A.Medeiros
Managing Director Deputy Director
Ccutyci Hater
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekuanao`a,Suite 41 • Hilo,Hawaii 96720
(808)961-8083 •Fax(808)961-8086 _
Ic'41v7rOlIfl Cflia1-fl)l_.,_,-rbc€1( 4..
MEMORANDUM 3
--
Date : November 2,2015
To : DUANE KANUHA,Planning Director
From: BJ LEITHEAD TODD,Director 1
Subject: State Land Use Boundary Amendment(SLU 15-000045)
Request: Ag to Urban
Change of Zone Application(REZ 15-000197)
Request:A-20a to ML-20
Applicant:Milo Street Ventures Inc.
TMK: 1-6-152:020
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:
WASTEWATER COMMENTS: (Contact Wastewater Division for details.)
Lyle Hirota --
(X) No comments
( ) Require connection of existing and/or proposed structures to the public sewer in accordance with
Section 21-5 of the Hawaii County Code.
( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the
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 Hawai'i 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: T
County of Hawai`i is an Equal Opportunity Provider and Employer.
William P.Kenoi !°'.� ,h';. 115 NMI y PIT 1 ' ?8 Harry S.Kubojiri
".�1"• Police Chief
Mayor ,t' t:
•-...,:f7__7_ �} 1'��'•.i i 1ENT
,,+ � .,_;:. �'OUN i t U HAV'VAH
> '� Paul K.Ferreira
Deputy Police Chief
County of Hawar i
POLICE DEPARTMENT
349 Kapi`olani Street • Hilo,Hawai`i 96720-3998
(808)935-3311 • Fax(808)961-2389
November 3, 2015
TO : DUANE NUHA, P NING DIRECTOR
1 ,
FROM : HEN Y . AVARES J"., SSISTANT POLICE CHIEF
ARE I PERATIO S B► REAU
SUBJECT: STATE LAND USE BOUNDARY AMMENDMENT (SLU 15-000045)
APPLICANT: MILO STREET VENTURES
REQUEST: AG TO URBAN, CHANGE OF ZONE APPLICATION (REZ
15-000197); TAX MAP KEY: 1-6-152:020
Staff, upon reviewing the provided documents, does not anticipate any significant
impact to traffic and/or public safety concerns.
Thank you for allowing us the opportunity to comment.
If you have any questions, please contact Acting Captain Reed Mahuna, Puna Patrol, at
965-2716.
RM:Ili
150698
Planning Dept. A� r T,-Y
Exhibit 71NOV _ 5 2U 5
01'79(;�,-
Hawaii County is an Equal Opportunity Provider and Employer' `
William P. Kenoi moo?" °I"'9 ', Darren J. Rosario
tv Mayor ^ �yi Fire Chief
_ = Renwick J.Victorino
r Deputy Fire Chief
County of jiytimail
HAWAII FIRE DEPARTMENT
25 Aupuni Street•Suite 2501•Hilo,Hawaii 96720
(808)932-2900•Fax(808)932-2928
October 23, 2015
TO: DUANE KANUHA,PLANNING DIRECTOR
FROM: DARREN J. ROSARIO,FIRE CHIEF
SUBJECT: Special Land Use Boundary Amendment(SLU 15-000045)
Request: Ag to Urban
Change of Zone Application(REZ 15-000197)
Request: A-20a to ML-20
Applicant: Milo Street Ventures Inc.
Tax Map Key: 1-6-152:020
In regards to the above-mentioned State Land use Boundary Amendment and Change of Zone
application,the following shall be in accordance:
NFPA 1, UNIFORM FIRE CODE,2006 EDITION
Note: Hawai`i State Fire Code, National Fire Protection Association 2006 version, with County
of Hawai`i amendments. County amendments are identified with a preceding "C—" of the
reference code.
Chapter 18 Fire Department Access and Water Supply
18.1 General. Fire department access and water supplies shall comply with this chapter.
For occupancies of an especially hazardous nature, or where special hazards exist in addition to
the normal hazard of the occupancy,or where access for fire apparatus is unduly difficult, or
areas where there is an inadequate fire flow, or inadequate fire hydrant spacing, and the AHJ
may require additional safeguards including, but not limited to, additional fire appliance units,
more than one type of appliance, or special systems suitable for the protection of the hazard
involved.
18.1.1 Plans.
18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the
fire department for review and approval prior to construction.
Plannin ?lept. SCANNED ��"A
9 p .
Exhibit
"T1.7081152 8E ,�
Hawai'i County is an Equal Opportunity Provider and Employer.
Duane Kanuha
October 23,2015
Page 2
18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrant systems shall be
submitted to the fire department for review and approval prior to construction.
C- 18.1.1.2.1 Fire Hydrant use and Restrictions.No unauthorized person shall use or operate
any Fire hydrant unless such person first secures permission or a permit from the owner or
representative of the department, or company that owns or governs that water supply or system.
Exception: Fire Department personnel conducting firefighting operations,hydrant testing, and/or
maintenance, and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau
personnel.
18.2 Fire Department Access.
18.2.1 Fire department access and fire department access roads shall be provided and maintained
in accordance with Section 18.2.
18.2.2* Access to Structures or Areas.
18.2.2.1 Access Box(es). The AHJ shall have the authority to require an access box(es)to be
installed in an accessible location where access to or within a structure or area is difficult
because of security.
18.2.2.2 Access to Gated Subdivisions or Developments. The AHJ shall have the authority to
require fire department access be provided to gated subdivisions or developments through the
use of an approved device or system.
18.2.2.3 Access Maintenance. The owner or occupant of a structure or area, with required fire
department access as specified in 18.2.2.1 or 18.2.2.2, shall notify the AHJ when the access is
modified in a manner that could prevent fire department access.
18.2.3 Fire Department Access Roads. (*may be referred as FDAR)
18.2.3.1 Required Access.
18.2.3.1.1 Approved fire department access roads shall be provided for every facility,building,
or portion of a building hereafter constructed or relocated.
18.2.3.1.2 Fire Department access roads shall consist of roadways, fire lanes, parking lots lanes,
or a combination thereof.
18.2.3.1.3* When not more than two one-and two-family dwellings or private rages, carports,
sheds, agricultural buildings, and detached buildings or structures 400ft (37 m2) or less are
present,the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the
AHJ.
Duane Kanuha
October 23, 2015
Page 3
18.2.3.1.4 When fire department access roads cannot be installed due to location on property,
topography,waterways,nonnegotiable grades, or other similar conditions,the AHJ shall be
authorized to require additional fire protection features.
18.2.3.2 Access to Building.
18.2.3.2.1 A fire department access road shall extend to within in 50 ft(15 m) of at least one
exterior door that can be opened from the outside that provides access to the interior of the
building. Exception: 1 and 2 single-family dwellings.
18.2.3.2.1.1 When buildings are protected throughout with an approved automatic sprinkler
system that is installed in accordance with NFPA 13,NFPA 13D, or NFPA 13R,the distance in
18.2.3.2.1 shall be permitted to be increased to 300 feet.
18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or
any portion of an exterior wall of the first story of the building is located not more than 150 ft
(46 m) from fire department access roads as measured by an approved route around the exterior
of the building or facility.
18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler
system that is installed in accordance with NFPA 13,NFPA 13D, or NFPA 13R,the distance in
18.2.3.2.2 shall be permitted to be increased to 450 ft(137 m).
18.2.3.3 Multiple Access Roads. More than one fire department access road shall be provided
when it is determined by the AHJ that access by a single road could be impaired by vehicle
congestion, condition of terrain, climatic conditions, or other factors that could limit access.
18.2.3.4 Specifications.
18.2.3.4.1 Dimensions.
C- 18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an approved
turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family
dwellings shall have an unobstructed width of not less than 15 feet, with an area of not less than
20 feet wide within 150 feet of the structure being protected. An approved turn around area shall
be provided if the FDAR exceeds 250 feet.
C— 18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13ft 6 in.
Duane Kanuha
October 23,2015
Page 4
C- 18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHJ,provided such
increase or reduction does not impair access by the fire apparatus, and approved signs are
installed and maintained indicating such approved changes.
18.2.3.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are not
adequate to accommodate fire apparatus.
C- 18.2.3.4.2 Surface. Fire department access roads and bridges shall be designed and
maintained to support the imposed loads(25 Tons) of the fire apparatus. Such FDAR and shall
be comprised of an all-weather driving surface.
18.2.3.4.3 Turning Radius.
C- 18.2.3.4.3.1 Fire department access roads shall have a minimum inside turning radius of 30
feet, and a minimum outside turning radius of 60 feet.
18.2.3.4.3.2 Turns in fire department access road shall maintain the minimum road width.
18.2.3.4.4 Dead Ends. Dead-end fire department access roads in excess of 150 ft(46 m) in
length shall be provided with approved provisions for the fire apparatus to turn around.
18.2.3.4.5 Bridges.
18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road, it shall
be constructed and maintained in accordance with county requirements.
18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of
fire apparatus.
18.2.3.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by
the AHJ.
18.2.3.4.6 Grade.
C--18.2.3.4.6.1The maximum gradient of a Fire department access road shall not exceed 12
percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a
Fire apparatus would connect to a Fire hydrant or Fire Department Connection,the maximum
gradient of such area(s) shall not exceed 10 percent.
18.2.3.4.6.2* The angle of approach and departure for any means of fire department access road
shall not exceed 1 ft drop in 20 ft (0.3 m drop in 6 m) or the design limitations of the fire
apparatus of the fire department, and shall be subject to approval by the AHJ.
Duane Kanuha
October 23, 2015
Page 5
18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb
cuts extending at least 2 ft(0.61 m) beyond each edge of the fire lane.
18.2.3.4.7 Traffic Calming Devices. The design and use of traffic calming devices shall be
approved the AHJ.
18.2.3.5 Marking of Fire Apparatus Access Road.
18.2.3.5.1 Where required by the AHJ, approved signs or other approved notices shall be
provided and maintained to identify fire department access roads or to prohibit the obstruction
thereof of both.
18.2.3.5.2 A marked fire apparatus access road shall also be known as a fire lane.
18.2.4* Obstruction and Control of Fire Department Access Road.
18.2.4.1 General.
18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any
manner, including by the parking of vehicles.
18.2.4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be
maintained at all times.
18.2.4.1.3* Facilities and structures shall be maintained in a manner that does not impair or
impede accessibility for fire department operations.
18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and
barriers in accordance with 18.2.4.2.1 shall not be obstructed by parked vehicles.
18.2.4.2 Closure of Accessways.
18.2.4.2.1 The AHJ shall be authorized to require the installation and maintenance of gates or
other approved barricades across roads,trails,or other accessways not including public streets,
alleys,or highways.
18.2.4.2.2 Where required, gates and barricades shall be secured in an approved manner.
18.2.4.2.3 Roads,trails, and other access ways that have been closed and obstructed in the
manner prescribed by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the
owner and the AHJ.
Duane Kanuha
October 23, 2015
Page 6
18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted
property identified in 18.2.4.2.1.
18.2.4.2.5 Locks, gates, doors, barricades, chains, enclosures, signs,tags, or seals that have been
installed by the fire department or by its order or under its control shall not be removed,
unlocked, destroyed,tampered with, or otherwise vandalized in any manner.
18.3 Water Supplies and Fire Hydrants
18.3.1* A water supply approved by the county, capable of supplying the required fire flow for
fire protection shall be provided to all premises upon which facilities or buildings, or portions
thereof, are hereafter constructed, or moved into or within the county. When any portion of the
facility or building is in excess of 150 feet(45 720 mm) from a water supply on a fire apparatus
access road, as measured by an approved route around the exterior of the facility or building, on-
site fire hydrants and mains capable of supplying the required fire flow shall be provided when
required by the AHJ. For on-site fire hydrant requirements see section 18.3.3.
EXCEPTIONS:
1. When facilities or buildings, or portions thereof, are completely protected with an
approved automatic fire sprinkler system the provisions of section 18.3.1 may be
modified by the AHJ.
2. When water supply requirements cannot be installed due to topography or other
conditions,the AHJ may require additional fire protection as specified in section 18.3.2
as amended in the code.
3. When there are not more than two dwellings, or two private garage, carports, sheds and
agricultural. Occupancies, the requirements of section 18.3.1 may be modified by AHJ.
18.3.2* Where no adequate or reliable water distribution system exists, approved reservoirs,
pressure tanks, elevated tanks, fire department tanker shuttles, or other approved systems capable
of providing the required fire flow shall be permitted.
18.3.3* The location,number and type of fire hydrants connected to a water supply capable of
delivering the required fire flow shall be provided on a fire apparatus access road on the site of
the premises or both, in accordance with the appropriate county water requirements.
18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the
fire department.
18.3.5 Private water supply systems shall be tested and maintained in accordance with NFPA 25
or county requirements as determined by the AHJ.
Duane Kanuha
October 23,2015
Page 7
18.3.6 Where required by the AHJ, fire hydrants subject to vehicular damage shall be protected
unless located within a public right of way.
18.3.7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned
to service. Owners of private property required to have hydrants shall maintain hydrant records
of approval, testing, and maintenance, in accordance with the respective county water
requirements. Records shall be made available for review by the AHJ upon request.
C- 18.3.8 Minimum water supply for buildings that do not meet the minimum County water
standards:
Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for
Firefighting.
Buildings 2001- 3000 square feet, shall have a minimum of 6,000 gallons of water available for
Firefighting.
Buildings, 3001- 6000 square feet, shall have a minimum of 12,000 gallons of water available for
Firefighting.
Buildings, greater than 6000 square feet, shall meet the minimum County water and fire flow
requirements.
Multiple story buildings shall multiply the square feet by the amount of stories when determining
the minimum water supply.
Commercial buildings requiring a minimum fire flow of 2000gpm per the Department of Water
standards shall double the minimum water supply reserved for firefighting.
Fire Department Connections (FDC)to alternative water supplies shall comply with 18.3.8 (1)-
(6) of this code.
NOTE: In that water catchment systems are being used as a means of water supply for
firefighting, such systems shall meet the following requirements:
1) In that a single water tank is used for both domestic and firefighting water,the water for
domestic use shall not be capable of being drawn from the water reserved for firefighting;
Duane Kanuha
October 23,2015
Page 8
2) Minimum pipe diameter sizes from the water supply to the Fire Department Connection
(FDC) shall be as follows:
a) 4"for C900 PVC pipe;
b) 4" for C906 PE pipe;
c) 3"for ductile Iron;
d) 3' for galvanized steel.
3) The Fire Department Connection (FDC) shall:
a) be made of galvanized steel;
b) have a gated valve with 2-1/2 inch, National Standard Thread male fitting and cap;
c) be located between 8 ft and 16 ft from the Fire department access. The location shall be
approved by the AHJ;
d) not be located less than 24 inches, and no higher than 36 inches from finish grade, as
measured from the center of the FDC orifice;
e) be secure and capable of withstanding drafting operations. Engineered stamped plans
may be required;
f) not be located more than 150 feet of the most remote part, but not less than 20 feet, of the
structure being protected;
g) also comply with section 13.1.3 and 18.2.3.4.6.1 of this code.
4) Commercial buildings requiring a fire flow of 2000gpm shall be provided with a second
FDC. Each FDC shall be independent of each other, with each FDC being capable of flowing
500gpm by engineered design standards. The second FDC shall be located in an area
approved by the AHJ with the idea of multiple Fire apparatus'conducting drafting operations
at once, in mind.
5) Inspection and maintenance shall be in accordance to NFPA 25.
6) The owner or lessee of the property shall be responsible for maintaining the water level,
quality, and appurtenances of the system.
EXCEPTIONS TO SECTION 18.3.8:
1) Agricultural buildings, storage sheds, and shade houses with no combustible or equipment
storage.
2) Buildings less than 800 square feet in size that meets the minimum Fire Department Access
Road requirements.
Duane Kanuha
October 23,2015
Page 9
3) For one and two family dwellings, agricultural buildings, storage sheds, and detached
garages 800 to 2000 square feet in size, and meets the minimum Fire Department Access
Road requirements, the distance to the Fire Department Connection may be increased to 1000
feet.
4) For one and two family dwellings, agricultural buildings, and storage sheds greater than
2000square feet, but less than 3000 square feet and meets the minimum Fire Department
Access Road requirements, the distance to the Fire Department Connection may be increased
to 500 feet.
5) For buildings with an approved automatic sprinkler system,the minimum water supply
required may be modified.
If there are any questions regarding these requirements,please contact the Fire Prevention
Bureau at(808) 932-2911.
DARREN J. ROSARIO
Fire Chief
CB:ds
• i
�stT1 U 1 k
DAVID Y.ICE
GOVERNOR OFHAWAII % y.1Y9��++''y '9.2;
, SCH.-VRPERSONUZANNE D. E
r� \"FyS� ^IVI BOARD OE LAND AND NATURAL RESOURCES
tjj .tl } +._- V COMMISSION ON WATER RESOURCE
d and k11 v` iT I •`.'."Ali MANAGEMENT
tee
�� rwJi lR-'l `..'p i• �-1t i sr P
STATE OF HAWAII
SfdteofHa+4 DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
POST OFFICE BOX 621
HONOTJII.II.HAWAII 96R09
November 13,2015
County of Hawaii
Planning Department
Attention: Mr. Jeff Darrow via email: idarrowc co.hawaii.hi.us
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Dear Mr. Darrow:
SUBJECT: State Land Use Boundary Amendment (SLU 15-000045); Request: Ag to
Urban
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 (a) Engineering Division and (b) Land
Division—Hawaii District on the subject matter. Should you have any questions,please feel free to
call Lydia Morikawa at 587-0410. Thank you.
Sincerely,
Russell Y.Tsuji
Land Administrator
Enclosure(s)
cc: Central Files
SC ANNPr:
Planning Dept. NOV 1 7 2 1r:
Exhibit 41,'- ..o1995r
a
DAVID Y.IGE ,4 E.O SUZANNE
GOVERNOR OF HAWAII A 1959, SC ANNE CHAIRPERSON;Ole. r��ti7,.: CAAIRPERSON
BOARD OF LAND AND NATURAL RESOURCES
COMMISSION ON WATER RESOURCE
404 and Ai, 44- = MANAGEMENT
a�� � fi
°� `,$icar-4vo
,
g ;
114Irt
STATE OF HAWAII
siateafHa � DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
POST OFFICE BOX 621
TTON()T,Ui,i J.
HAWAII 96809
October 27,2015
MEMORANDUM
Tide 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
X Land Division—Hawaii District
X Historic Preservation
•
FIM: Russell Y. Tsuji,Land Administrator (/
SUBJECT: State Land Use Boundary Amendment (SLU 15-000045); Request: Ag to
Urban
LOCATION: Keaau, Puna,Island of Hawaii; TMK: (3) 1-6-152:020
APPLICANT: Milo Street Ventures Inc.
Transmitted for your review and comment is information on the above-referenced
application. We would appreciate your comments on this application. Please submit any comments
by November 12,2015.
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 Lydia Morikawa at 587-0410. Thank you.
Attachments
( ) We have no objections.
( ) We have no comments.
( .f Comments're attached.
Signed: :/1 .) '
Print Name: Cs.CI ahg
a yChief Engineer
Date: * v ;
cc: Central Files
DEPARTMENT OF LAND AND NATURAL RESOURCES
ENGINEERING DIVISION
LD/Russell Y.Tsuji
REF:Change of Zone and State Land Use Boundary Amendment Applications for Approximately
2.082 Acres of Land,Keaau,Puna
HawaiLO6S
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.
O 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.Carter Romero(Acting)at(808)961-8943 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:
() Other:
Should you have any questions,please call Mr.Dennis Imada of the Planning Branch at 587-0257.
Signed:
CApY%S. CI194G,CHIEF ENGINEER
Date: ,
.,,. . ::,4.... ..-,, ... *.•:.'..'‘11':::' :.,..J4r4r7;7311141V, ' ,t .,41:-,V:1' '":-.1 „,-;,...r,„.,., _,2::.,.---..J„. .,,,...i..;-0.,,„- ,ir.,. . ,....,,,..-7 .-, -
c ...,sur* .�,; .a * ,4r0- „ �. 4"
$ 4 C � 3F ��. aw.�ax9Y .�`� �.
�- 7.roc �` . , T 3. , ,x=,.' '`` 4 -�°:,,,...';"
. - ."--.';`,,..-..•.z4.
t.
4
x
�
- -,..-4.-\ � . •A& ,
,---:„:„....--2,',....,---..
„orili,
,r
i.#. • ice :
IIA i '. 4, s ”' "..- at
,''':„yfly v i .
a
4
`” .
icluizzi ,iii.. iiiiii ,, „,..... ,.„. - , 14*,..41111Vir-41..Pc. 4/ .. , ,--.401" ' - ''',PAP.\4k . .1
is Q...�; FLOOD HAZAF,ASSESS J1F JT TOOT!AYH I E6FND
�b
*••w°° z\ Flood Hazard Assessment Report
( 1; '$ f1 www.hawaiinfip.org SPECIAL FLOOD HAZARD AREAS(SFHAs)SUBJECT TO INUNDATION BY
, THE 1%ANNUAL CHANCE FLOOD -The 1%annual chance flood(100-
year),also know as the base flood,is the flood that has a 1%chance of
being equaled or exceeded in any given year.SFHAs include Zone A,AE,
AH,AO,V,and VE The Base Flood Elevation(BEE)is the water surface
elevation of the 1%annual chance flood. Mandatory flood insurance
Property Information Notes: purchase applies In these zones:
COUNTY: HAWAII - Zone A:No BFE determined.
TMX NO: (3)1-6-152:020 all Zone AC:BFE determined.
WATERSHED: KAAHAKINI
PARCEL ADDRESS: 685 MILO STREET Zone AH:Flood depths of 1 to 3 feet(usually areas of ponding);
KEAAU,HI 96749 BFE determined.
Zone AO:Flood depths of 1 to 3 feet(usually sheet flow on
Flood Hazard Information sloping terrain);average depths determined.
FIRM INDEX DATE: APRIL 02.2004 Zone V:Coastal flood zone with velocity hazard(wave action);
no BFE determined.
LETTER OF MAP CHANGE(5): NONE
FEMA FIRM PANEL: 1551660895C Zone VE:Coastal flood zone with velocity hazard(wave action);
BFE determined.
PANEL EFFECTIVE DATE: PANEL NOT PRINTED
Zone AEF:Floodway areas in Zone AE.The floodway is the
channel of stream plus any ad)acent floodplain areas that must
be kept free of encroachment so that the 1%annual chance
flood can be carried without increasing the BFE.
NON-SPECIAL FLOOD HAZARD AREA-An area In a low-to-moderate risk
THIS PROPERTY IS WITHIN A TSUNAMI EVACUTION ZONE: NO flood zone.No mandatory flood insurance purchase requirements apply,
FOR MORE INFO,VISIT:http://www.scd.hawaii.gov/ but coverage is available in participating communities.
THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: NO Zone XS(X shaded):Areas of 0.2%annual chance flood;areas of
FOR MORE INFO,VISIT:http://dinreng.hawall.gov/dam/ 1%annual chance flood with average depths of less than 1 foot
or with drainage areas less than 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
0 200 400 ft floodplain.
Disclaimer:The Hawaii Deportment of Land and Natural Resources{DLNRN assumes no responsibility prising from OTHER FLOOD AREAS
the use,accuracy,completeness,and timeliness of any information contained in this report.l iewers/Users ore
responsible far verifying the accuracy of the information and agree to indemnify the DIM!,its officers,and employ
ees from any liability which may arise from its use of its data or information. Zone 0:Unstudied areas where flood hazards are undeter-
mined,but flooding is possible.No mandatory flood insurance
If this map has been identified as'PRELIMINARY',please note that it is being provided for informational purposes purchase apply,but coverage is available in participating commu-
and is not to be used far flood msurance rating.Contact your county floodplain manager for flood zone determinenities-
tinns to be used for compliance with local fodpimmanagement regulations.
DAVID Y.'GE P
; ry,o„,w.Iii----
/.- SUZANNE D.CASE
GOVERNOR OF HAWAII ISA/*V"a, N't; CHAIRPERSON
!yt ,,,N.,.....,..>'../:,,, IIOARD OF LAND AND NATURAL RESOURCES
t::fr's. 11‘' - --r4\
7 �( t..y`,,��� I CORUcISSION ON WATER RESO-JRCE
d and =(-_,-n MANAGEMENT
eoo
n A "',-.1.•:-'"1i''4/
°1114)1,11k— -
STATE OF HAWAII -
slateatiaA DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
POST OFFICE BOX 621
HONOIAJLIL.HAWAII 965(9
October 27,2015
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
X Land Division—Hawaii District
X Historic Preservation
,__,`,_ .
FROM: ussell Y. Tsuji,Land Administrator
SUBJECT: State Land Use Boundary Amendment (SLU 15-000045); Request: Ag to
Urban
LOCATION: Keaau,Puna, Island of Hawaii;TMK: (3) 1-6-152:020
APPLICANT: Milo Street Ventures Inc.
Transmitted for your review and comment is information on the above-referenced
application. We would appreciate your comments on this application. Please submit any comments
by November 12,2015.
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 Lydia Morikawa at 587-0410. Thank you.
Attachments
( ) We have no objections.
( Wc have no comments.
( ) Comments are attached.
Signed:
Print Name: 4.,,2.p 41 C.C. },�!,= 7
Date: t�,✓ .
cc: Central Files
•
ZANNE D.CASE
DAVID Y.IGE !6 .".....y yyai SUCHAIRPERSON
GOVERNOR OF HAWAII �A�.'�e 59 ss 1.1'3 BOARD OE LAND AND NATURAL RESOURCES
COMMISSION ON WATER RESOURCE MANAGEMENT
,04 and N� i —_!; KEKFIRST DEPUTY
/ OA .A
= }
�.� JEFFREY T.PEARSON
_ SS • . y\;'r/ JDEPUTY DIRECTOR.WATER
yr .. \ ••^^"^'~ AQUATIC RESOURCES
43 M BOATING AND OCEAN RECREATION
�f� � "•"�~- BUREAU OF CONVEYANCES
COMMISSION ON WATER RESOURCE MANAGEMENT
STATE OF HAWAIICONSERVATION AND C'OASTALDANDS
CONSERVATION AND RESOURCES ENFORCEMENT
ENGINEERINGSidle OF HOPIsis DEPARTMENT OF LAND AND NATURAL RESOURCES FORESTRY AND WI
HLIRRA
TION
KAIOOIAWL ISLAND RESERVE COMBALSSION M6S(OH
STATE HISTORIC PRESERVATION DNISION LAND
KAKUHIHEWA BUILDING STATE PARKS
601 KAMOKILA BLVD,STE 555
KAPOLEI,HAWAII 96707
January 5,2016
Russell Y.Tsuji,Administrator LOG NO:2015.03911
Land Division DOC NO: 1601GCO2
Department of Land and Natural Resources Archaeology
P.O.Pox 621
r`?
Honolulu,HI 96809 C`
Duane Kanuha,Director
Planning Department -
County of Hawaii
101 Pauahi Street
Hilo,HI 96720 3
Dear Sirs, r U
_7.
SUBJECT: Chapter 6E-42 Historic Preservation Review—
County of Hawaii State Land Use Boundary Amendment(SLU 15-000045)
Change of Zone Application(REZ 15-000197)for Milo Street Ventures Inc.
Keaau Ahupua`a,Puna District,Island of Hawaii
TMK:(3)1-6-152:020
Thank you for the opportunity to review this application that was received by SHPD on November 2, 2015; we
apologize for the delayed review.According to the application,Milo Street Ventures Inc.requests a zone change from
Agriculture(A-20a)to Limited Industrial (ML-20), and a State Land Use Boundary Amendment from Agriculture to
Urban.The application indicates a 17,000 sq.ft.warehouse building is present on the property which is being used as an
anthurium greenhouse and packing facility.Further,the anthurium packing facility business is slowing down,and being
able to use the building for non-agricultural, light industrial businesses,will accommodate economic growth.It further
indicates that there are no existing plans for any new construction on the property.
Our records indicate that there no archaeological inventory survey(AIS)was conducted for the aforementioned parcel.
Aerial photos indicate that the area has been subject to previous grading which has significantly altered the land.SHPD
believes that the current condition of the land is consistent with industrial urbanization and it is unlikely that any historic
properties are present. Based on the information provided, SHPD's determination is no historic properties affected.
The permit issuing process may continue.
In the unlikely event that subsurface historic resources, including human skeletal remains, structural remains, cultural
deposits,artifacts,sand deposits,or sink holes are identified during the demolition and/or construction work,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 me at Susan.A.Lebo@,hawaii.gov or at(808)692-8019 if you have any questions regarding this letter.
Aloha, Planning UC:�: . .
� ,, Exhibit,
StAct,,
Susan A.Lebo,PhD cc: Lydia Morikawa,DLNR(Lydia.Morikawa@hawaii.gov)
Archaeology Branch Chief Jeff Darrow,COH(jdarrow@co.hawaii.hi.us)
Brian Nishimura,Consultant(nishimura.brian(a gmail.com) 1 0 3 0 Z i
DAVID Y.IGE o VIRGINIA PRESSLER,M.D.
GOVERNOR OF HAWAII ,fir �G 59.'"'""~' Y DIRECTOR OF HEALTH
Igmr ppm (II
111'1\
I
/4
3 \I‘;, '.'LENT
;,Gui:1 i HAV;=AJi STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O.BOX 916
HILO,HAWAII 96721-0916
MEMORANDUM
DATE: November 4, 2015
TO: Mr. Duane Kanuha
Planning Director, County of Hawaii
FROM: Eric Honda
District Environmental Health Program Chief
SUBJECT: State Land Use Boundary Amendment(SLU 15-000045)
Request: Ag to Urban
Change of Zone Application (REZ 15-000197)
Request: A-20a to ML-20
Applicant: Milo Street Ventures,Inc.
Tax Map Key: 1-6-152:020
The Health Department found no environmental health concerns with regulatory implications in
the submittals.
Planning Dept. NOV 12 2015 8 9 ji/
9
WORD: SLU 15-000045.eh Exhibit - �y. `"�" •
BRIAN T.NISHIMURA,PLANNING CONSULTANT ?ES f1Fc ?u nm ('3
101 Aupuni Street,Suite 217 7 `
Hilo,Hawaii 96720-4221 ' `-r�" II:NT
Phone:(808)935-7692 Fax:(808)935-6126 E-mail:nishimura.brian@gmai d dh`i I L'+ b `\A Ali
December 24, 2015
Mr. Duane Kanuha, Director
County of Hawaii
Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720-3043
Subject: State Land Use Boundary Amendment(SLU 15-000045)
Change of Zone Application(REZ 15-000197)
Applicant: Milo Street Ventures Inc.
TMK: (3) 1-6-152: 020
Dear Mr. Kanuha:
This is in response to agency comments received regarding the subject applications. Our
response includes the following:
1. The County Fire Department provided Fire Code Requirements applicable to the subject
applications. The applicant will comply the Fire Code Requirements.
2. The County Police Department does not anticipate any significant impact to traffic and/or
public safety concerns and the applicant concurs.
3. The State Department of Health found no environmental health concerns with regulatory
implications and the applicant concurs.
4. The County Department of Environmental Management had no comments regarding the
subject application.
5. The County Department of Public Works, Engineering Division indicated that all
development generated runoff shall be disposed of on site and not directed toward any
adjacent properties. It should be noted that the subject property is fully developed with
existing drywells that is operating in a manner that complies with this requirement. No
additional construction is being proposed at this time.
In addition,the Engineering Division recommended that the applicant provide
improvements to the subject property's Milo Street frontage consisting of but not limited
to,pavement widening with concrete curb, gutter and sidewalk,drainage improvements,
Planning Dept QEC X015
� ' 10l2 76
ii,
Exhibit ..
A - 4
and any required utility relocation,meeting the requirements of the Americans with
Disabilities Act. The Engineering Division further stated that the improvements shall be
located within any future road widening setback as may be established by the Planning
Department. In response,the applicant would like to point out that the subject property is
fully developed and has been operating as a flower packing facility for over twenty years
without creating any traffic or public safety concerns as indicated by the comments from
the Police Department. Moreover,the recommended improvements appear to describe
County dedicable standards for a private road which currently does not have any of the
described improvements. It would appear that requiring County dedicable standard
improvements at this time would be premature unless there was a plan to dedicate Milo
Street to the County. If this were the case,plans for the roadway improvements should be
developed for the entire section of Milo Street to be dedicated so the improvements could
be done in a comprehensive and coordinated manner. All affected property owners could
then be assessed a"fair share"contribution for their proportionate share of the cost. If
there are no plans to have Milo Street dedicated to the County,the applicant does not
object to providing a future road reserve designation along the properties' Milo Street
roadway frontage equal to one-half(1/2)the difference between the existing right-of-way
and sixty(60)feet if this is deemed to be necessary.
6. The County Department of Water Supply provided comments for conditions including the
submission of maximum daily water usage calculations,minimum fire flow requirements,
backflow prevention and relocation and adjustment of affected water system facilities.
The applicant will comply with the requirement for submitting the maximum daily water
usage calculations and provide the necessary payments and improvements that would be
generated by these calculations. Other improvements will be made should they be
deemed necessary.
7. The Department of Land and Natural Resources submitted responses from their Land
Division and Engineering Division. Since no response was received from the State
Historic Preservation Division it is assumed that they had no comments. The Engineering
Division confirmed that the Flood Insurance Rate Map designation for the subject
property is zone X. The Land Division did not have any comments at this time.
Should you have any questions regarding this transmittal,please do not hesitate to contact me.
Sincerely,
Brian T.Nishimura,Planning Consultant
RMiloStreetVenturesSLU.mjc-02/09/16
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
MILO STREET VENTURES INC
STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 15-000045)
Upon careful review of the request, the Planning Director is recommending that a
favorable recommendation for the State Land Use Boundary Amendment be forwarded to the
County Council. Since this recommendation is made without the benefit of public testimony, the
Director reserves the right to modify and/or alter this position based upon additional information
presented at the public hearing. The favorable recommendation is based on the following
findings:
The approval of the reclassification from the State Land Use Agricultural to
the Urban District for approximately 2.082 acres will not be in violation of Section
205-2, Chapter 205,Hawaii Revised Statutes, nor will it be inconsistent with the
Land Use Commission Rules, the County General Plan and the Hawaii State Plan.
Under the Land Use Commission Rules, one of the standards for considering an area for
Urban District reclassification states that"In determining urban growth for the next ten
years, or in amending the boundary, land contiguous with existing urban areas shall be
given more consideration than non-contiguous land, and particularly when indicated for
future urban use on state or county general plans." For the last twenty years, this area
along Milo Street has been transitioning to more urban type of uses. Surrounding
properties to the west and north are situated in the State Land Use Urban district and
zoned ML-20. Properties to the northeast, east and south are situated in the State Land
Use Agricultural district and zoned A-20a and A-5a. The Ulupono Town Center, which
is zoned MCX-20, is located across Milo Street to the northwest. Properties across from
the Kea'au Bypass Road are situated in the State Land Use Urban district and zoned RS-
10 and RS-15.
The reclassification action also conforms to the goals, policies and standards of,
among others, the Land Use and Economic Elements of the General Plan. The General
-1-
Plan Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan
is a representation of the document's goals, policies, standards and courses of action. It is
also a graphic depiction of the physical relationship between the various land uses and
establishes the basic urban and non-urban form for areas within the County. The subject
property is in an area designated Medium Density Urban on the LUPAG Map. The
Medium Density Urban designation includes village and neighborhood commercial and
single family and multiple family residential and related functions (multiple family
residential --up to 35 units per acre). In the past, the Planning Director(s)has applied a
broad brush interpretation for this area as Industrial, which includes uses such as
manufacturing and processing, wholesaling, large storage and transportation facilities,
light industrial and industrial-commercial uses. Since 1971, the area of the old Puna
Sugar Mill has been designated as Industrial in the LUPAG. During the 1989 General
Plan Comprehensive Review, the Industrial designation was expanded by re-designating
lands in the vicinity from Intensive Agricultural and Orchards to Industrial. This area
was considered for industrial expansion as a variety of industrial uses were established in
the vicinity through the Special Permit process. The County had determined that the
industrial designation would promote and encourage additional utilization of the area.
The applicant is also concurrently requesting a Change of Zone from an Agricultural (A-
20a) to a Limited Industrial (ML-20) zoned district for 2.082 acres.
The reclassification action would be consistent with the goals, objectives and
policies of the Hawaii State Plan and Puna Community Development Plan by providing
future employment opportunities and improved living standards and stimulating the
development and expansion of economic activities.
The Urban classification conforms to the standard that the development is
within reasonable proximity to centers of trading and employment and to basic
services such as schools,police and fire protection, transportation systems and
water. The property is located less than one mile from the village retail and employment
center of Kea'au. Schools and medical, police and fire services are also located within
Kea'au.
-2-
Access to the subject property is from the Milo Street extension, which is a
private roadway owned by W. H. Shipman. According to the deed to the property, the
applicant has legal right of access over this private roadway, which has a pavement width
of approximately 22 feet within a 40-foot wide road lot. The applicant will be required to
provide roadway improvements to the property's frontage along Milo street. County
water is available to the site from an 8-inch waterline within Milo Street. There is an
existing septic system for wastewater, which complies with all applicable Depaitnient of
Health rules and regulations. Solid waste will be disposed of at appropriate sites
designated by the Department of Environmental Management. Electricity and telephone
services are available to the site. All essential utilities are available to the project site.
Police and fire services are available a mile from the site, in Kea'au.
Urban Districts shall include lands characterized by"city-like"
concentrations of people, structures, streets, urban level of services and other
related land uses. Several commercial and industrial uses have been established over
the years on surrounding properties through rezonings and special permits. In the past,
several areas of land along Milo Street have been reclassified from the Agricultural to
Urban state land use district, and have been rezoned from agricultural to industrial or
mixed commercial-industrial. As industrial and industrial-commercial uses already exist
in the immediate area, the urbanization of the project site will not contribute towards
scattered urban development.
There are no severe geological or topographical problems which cannot be
properly rectified or which would render the land unusable. The U.S. Federal
Emergency Management Agency designates the property as Zone"X", areas outside of
the 500-year flood plain. The property is located over three(3)miles from the shoreline,
at an elevation of about 300 feet above sea level and are fairly level with less than a 5%
slope. All project generated runoff will be disposed of on-site, so as not to impact
surrounding properties. Thus, the reclassification meets with the standard which states
that the lands included within the urban district"....shall be those with satisfactory
topography and drainage and reasonably free from the danger of floods, tsunami and
unstable soil conditions and other adverse environmental effects."
-3-
The property is within the State Land Use Agricultural and County's Agricultural
(A-20a) zoning district and is currently being used for a processing and packing facility
for anthuriums and other flowers and foliage. The property has been fully developed
with a 17,000 square-foot warehouse structure, an anthurium greenhouse and paved
parking. The applicant is proposing to transition from ag processing to light industrial
uses because the applicant believes there is a much broader demand for other non-
agricultural uses of the facility that may include service-type light industrial uses such as
self-storage facilities, contractor baseyards, small business storage and warehousing,
among others in this area.
The State of Hawaii ALISH Map classifies the subject property as Prime
Agricultural Lands and Unclassified. The Land Use Study Bureau's Overall Master
Productivity Rating for the soils in the area is "C" or "Fair" and Unclassified. Immediate
surrounding properties are in the State Land Use Agricultural district and are zoned A-
20a and A-5a. The Hawaii Right to Farm Act, HRS chapter 165, was enacted to protect
farming operations on land in the State Land Use Agricultural District when adjacent
land is reclassified out of the Agricultural District. A condition of approval will require
the applicant notify prospective purchasers, tenants or lessees of the Hawaii Right to
Farm Act. Therefore, the reclassification of this 2.082-acre area from the Agricultural to
the Urban designation will not be detrimental to the reduction of this area from the
Agricultural land inventory in the County of Hawaii. Furthermore, an Urban
classification would complement the existing and future land use pattern of the
surrounding area in view of the urban uses already in existence in close proximity to the
subject property.
Based on the above, the approval of the State Land Use Boundary Amendment from the
Agricultural to the Urban District complements the State Land Use District Regulations and
County General Plan and is supportive of the Hawaii State Plan.
The accompanying draft bill to amend the State Land Use Boundaries Map is provided
for your favorable consideration. In addition, conditions of approval are recommended as
follows:
-4-
A. The applicant shall notify prospective purchasers, tenants, or lessees of the subject
property that farming operations and practices on adjacent or contiguous land in
the State Land Use Agricultural District are protected under Hawaii Revised
Statutes chapter 165,the Hawaii Right to Farm Act. This notice shall be included
in any disclosure required for the sale or transfer of the subject property.
B. Any action that would interfere with or restrain farming operations on adjacent or
contiguous properties shall be prohibited;provided the farming operations are
conducted in a manner consistent with generally accepted agricultural and
management practices on adjacent or contiguous lands in the agricultural district.
-5-
..f.57-.,:!!'n..per'•��
,•iA - `' '''��•
' STATE OF HAWAII
COUNTY OF HAWAII �-
BILL NO.
ORDINANCE NO. (p(4tfiij,tJ4 Derr)
AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE
COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE
AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT KEA'AU, PUNA, HAWAII
(TAX MAP KEY: 1-6-152:020).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The State Land Use Boundaries Maps for the County of Hawai`i are
amended to change the district classification of property described hereinafter as follows:
The district classification of the following area situated at Kea`au, Puna, Hawaii,
shall be Urban:
Beginning at the south corner of this parcel of land,being the southeast corner of Lot
26-A-1, Land Court Application 1053 (Map 622) and on the northwesterly boundary
of Lot 1-D, Land Court Consolidation 213 (Map 2), the coordinates of said point of
beginning referred to Government Survey Triangulation Station" `OLA`A"being
9,636.95 feet North and 8,406.40 feet East, thence running by azimuths measured
clockwise from True South:
1. 132° 37' 140.00 feet along Lot 26-A-1, Land Court
Application 1053 (Map 622);
2. 180° 29' 43.89 feet along Lot 26-A-1, Land Court
Application 1053 (Map 622);
3. 236° 44' 112.94 feet along Lot 26-A-1, Land Court
Application 1053 (Map 622);
4. 228° 09' 245.81 feet along Lot 26-A-1, Land Court
Application 1053 (Map 622);
5. 219° 48' 144.84 feet along Lot 26-A-1, Land Court
Application 1053 (Map 622);
6. 344° 59' 274.95 feet along Lot 9, Land Court Application
1689 (Map 1);
7. 58° 10' 398.85 feet along Lot 1-D, Land Court
Consolidation 213 (Map 2)to the point of
beginning and containing an area of 2.082
Acres.
All as shown on the map attached hereto,marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. This change in district classification is conditioned upon the following:
A. INSERT CONDITIONS
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
-2-
•
1 v
1
URBAN \\
t
1
\
TMK:(3)1.6-152:020
L
AGRICULTURALTOURBAN AGRICULTURAL
2.082 ACRES ,� URBAN
01lailliti
\ •
1171 t
i :
11
1
1
1
\\ AGRICULTURAL
t
"iG
6A 1110 URBAN
-
13 1.
O
AGRICUL- 101110
Q
TURAL AGRICULTURAL
1110 URBAN L4Oil 4
8.406.47 E
URBAN
-,.
-
1,01 AGRICULTURAL "
1110 .
ifitilli
AGRICULTURAL
v\oNNNs [DD.
y URBAN --
N
Akdili ...milk MIME Feet
0 250 500 1,000 1,500
AMENDMENT TO THE STATE LAND USE
BOUNDARIES MAPS
AMENDING THE STATE LAND USE BOUNDARIES MAP
FOR THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION
FROM THE AGRICULTURAL DISTRICT TO THE URBAN DISTRICT
AT KEA'AU, PUNA, HAWAI'I
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
TMK:(3)1-6 152:020 DATE:October 7,2015
Milo Street Ventures,Inc.
EXHIBIT "A" Map 15.193
RMiloStreetVenturesSLUREZ.jwd-02/09/16
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
MILO STREET VENTURES INC
CHANGE OF ZONE APPLICATION (REZ 15-000197)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendation of the Change of
Zone request be forwarded to the County Council. Since this recommendation is made
without the benefit of public testimony, the Planning Director reserves the right to modify and/or
alter this recommendation based upon additional information presented at the public hearing.
This favorable recommendation is based on the following findings:
The applicant requests a Change of Zone from Agricultural - 20 acres (A-20a) to
Limited Industrial - 20,000 square feet(ML-20) for approximately 2.082 acres of land.
The applicant has submitted a concurrent request for a State Land Use Boundary
Amendment from an Agricultural to an Urban district. The property is fully developed
with a 17,000 square-foot warehouse structure, an anthurium greenhouse and paved
parking.
On August 8, 1988, the Planning Commission approved Special Permit No. 671
to allow the establishment of a processing and packing facility for anthuriums and other
flowers and foliage on the subject property. The applicant recently requested that Special
Permit No. 671 be revoked because agricultural products packing and processing
facilities are now a permitted use under the State Land Use Law, Chapter 205 Hawai`i
Revised Statutes.
The owners believe that there is a much broader demand for other non-
agricultural uses of the facility that may include service-type light industrial uses such as
self-storage facilities, contractor baseyards, small business storage and warehousing
among others. Currently, there is no time table for terminating the existing use on the
property and there are no proposed improvements at this time.
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar areas in the
County.
The Change of Zone request from A-20a to ML-20 conforms to the goals,
policies and standards of the General Plan and Puna Community Development
Plan. The General Plan is intended to be used as a policy guide for the coordinated
growth and development of all sectors of the County. It sets forth goals, policies,
standards and courses of action to accommodate growth without congestion, to designate
and preserve the lands needed for residential use, commercial and visitor services,
industry, agriculture and open space, and to coordinate these uses with the County's
service and circulation systems. The overall goals, policies and standards are set forth to
physically plan the lands in the County in the best interest of the island's residents. The
Puna Community Development Plan translates the broad General Plan statements to
specific actions for the Puna district. The Puna district in general lacks industrial areas
suitable for small-scale industry. Nearby Shipman Industrial Park contains large lots that
cater more to large-scale industrial uses. The General Plan Course of Action for Puna
states"identify sites suitable for future industrial activities as the need arises." An action
of the Puna Community Development Plan would be achieved by the proposed project in
that it would provide additional lands for industrial activities and provide jobs to Puna
residents.
The proposed change of zone conforms to the General Plan Land Use Pattern
Allocation Guide(LUPAG) Map. The Land Use Pattern Allocation Guide(LUPAG)
Map component of the General Plan is a representation of the document's goals and
policies to guide the coordinated growth and development of the County. It reflects a
graphic depiction of the physical relationship among the various land uses. The LUPAG
Map establishes the basic urban and non-urban form for areas within the County. The
property is designated as Medium Density Urban, which includes village and
neighborhood commercial and single family and multiple family residential and related
functions (multiple family residential --up to 35 units per acre). In the past, the Planning
-2-
Director(s)has applied a broad brush interpretation for this area as Industrial, which
includes uses such as manufacturing and processing, wholesaling, large storage and
transportation facilities,light industrial and industrial-commercial uses.
The ALISH Map identifies the property as Prime Agricultural Land and the Land
Study Bureau's Productivity rating for the site is "C" or"Fair". The property is fully
developed with a 17,000 square-foot warehouse structure, an anthurium greenhouse and
paved parking. Surrounding properties to the west and north are situated in the State
Land Use Urban district and zoned ML-20. Properties to the northeast, east and south are
situated in the State Land Use Agricultural district and zoned A-20a and A-5a. The
Ulupono Town Center, which is zoned MCX-20, is located across Milo Street to the
northwest. Properties across from the Kea`au Bypass Road are situated in the State Land
Use Urban district and zoned RS-10 and RS-15. Surrounding land uses consist of the
Greenhouse Specialists (REZ 2009-110) on the adjoining property to the west. Christian
Liberty Academy(SPP 925) operates on the adjoining property to the west. CU Hawai`i
Credit Union is located within the Ulupono Town Center, which is located across Milo
Street. Lastly, there are dwellings located on small agricultural parcels just to the south
of the subject property. The Hawai`i Right to Farm Act, HRS chapter 165, was enacted
to protect farming operations on land in the State Land Use Agricultural District when
adjacent land is reclassified out of the Agricultural District. A condition of approval will
require the applicant notify prospective purchasers, tenants or lessees of the Hawai`i
Right to Farm Act. Therefore,the requested Limited Industrial zoning is consistent with
the General Plan LUPAG Map.
All utilities and services are available to the site. According to the
Department of Water Supply, there is an existing 1-inch meter serving the subject parcel
that has averaged approximately 2,170 gallons per day(GPD) over the past two (2) years.
This equates to approximately six (6)units of water at 400 gallons per day per unit,
which is three (3) times the average daily usage that was allotted to the parcel.
According to the applicant, there is an existing 8-inch waterline along Milo Street. A
condition of approval will be included for the applicant to submit daily water usage
calculations to the Department of Water Supply.
-3-
There is an existing septic system for wastewater, which complies with all
applicable Department of Health rules and regulations. Solid waste will be disposed of
at appropriate sites designated by the Department of Environmental Management..
Electricity and telephone services are available to the site. Police and fire services are
available a mile from the site, in Kea'au. Medical services are available at Hilo
Medical Center.
Access to the project site is from Milo Street, a private road maintaining a
pavement width of 22 feet. This area of Milo Street has a right-of-way width of 40 feet.
The Department of Public Works recommends improvements to the property's Milo
Street frontage consisting of,but not limited to,pavement widening with concrete curb,
gutter and sidewalk, drainage improvements and any required utility relocation meeting
the requirements of the Americans with Disabilities Act. The improvements will be
required to be located within a future road widening setback of 10 feet recommended by
the Planning Department in order to accommodate its eventual widening of the right of
way to 60 feet, the minimum standard for commercial and industrial roadways.
There have been several rezonings and Special Permits approved along Milo
Street over the past 20 years and each rezoning or permit included some type of road
improvements to Milo Street, even though a majority of Milo Street is privately owned.
A majority of the roadway improvement conditions were added to accommodate the
requirements subject to minimum industrial roadway standards in the Subdivision Code
as well as standard road construction details to meet County dedicable standards, which
includes the construction of the road, shoulder, and curb, gutter and sidewalk or paved
swale improvements within a 60-foot right-of-way width. This portion of Milo Street has
a right-of-way width of 40-feet, which will require the landowners/applicants on each
side of the private roadway to set aside a portion of their property equal to one-half(1/2)
the distance between the existing right-of-way and sixty(60) feet, which in this case
equals 10 feet along each side of the private portions of Milo Street. This road-widening
setback will be dedicated to the County upon it's request. Additionally, the required road
way improvements within the road widening setback shall be improved to full dedicable
-4-
standards at no cost the County prior to receipt of Final Plan Approval or within five
years from the effective date of this change of zone ordinance, whichever occurs first.
In reviewing the previous rezoning and Special Peiidit road improvement
conditions approved along Milo Street, a majority of applicants have yet to construct
these road improvements or have not been requested by the County to do so. Most of
Milo Street is currently owned by W. H. Shipman, Ltd. At this time, there are no plans
for the County to request that Milo Street be improved and dedicated to the County as
this is a private road. As such, it is difficult to orchestrate these roadway improvements
along the privately owned portions of Milo Street without all applicants and landowners
along this roadway alignment participating together to improve and maintain Milo Street
to County standard. The County has to work towards the goal of improving Milo Street
to industrial/commercial standards by having each applicant participate in the widening
and improvement of this private road.
Based on the above discussion, a condition of approval is recommended requiring
the applicant to construct roadway improvements meeting with the standards outlined in
Standard Details for Public Works Construction R-34 (revised) by providing shoulders
and paved swale improvements along its entire property frontage that will connect to
the existing Milo Street roadway pavement fronting the subject property. These
improvements along the property's Milo Street frontage and within the 10-foot road
widening will consist of, but not be limited to, pavement widening with shoulder and
paved swale improvements, drainage improvements and any required utility relocation,
meeting the requirements of the Americans with Disabilities Act and the approval of the
Department of Public Works.
Lastly, a condition of approval will be added to require the applicant to
participate with their fair share cost of a roadway improvement and maintenance
program if such a program is initiated by the owner to improve and maintain the private
portions of Milo Street, which is currently owned by W. H. Shipman, Ltd.
The property has no severe geological or topographical problems which cannot
be rectified or which would render the land unusable. The project site is located within
-5-
Zone "X", areas determined to be outside the 500-year floodplain. All development
generated storm run-off shall be disposed of on-site and not allowed onto adjacent
properties or roadways.
The request is not contrary to Chapter 205A,Hawaii Revised Statues,
relating to Coastal Zone Management. The subject property is not in the Special
Management area, located more than three miles from the shoreline and will not be
impacted by coastal hazards or affect beach erosion, coastal ecosystems and marine
resources. There is no record of a designated public access to the shoreline or mountain
areas that traverses the property. There is no evidence of any valued cultural or natural
resources existing on the site and there is no evidence of any traditional and customary
Native Hawaiian rights being practiced on the property. No formal archaeological study
was conducted as the site has been previously cleared and improved. By letter dated
July 23, 2015,the applicant sent a request to the Department of Land and Natural
Resources-State Historic Preservation Division(DLNR-SHPD) asking for a"no-effect"
letter as the property has been entirely cleared and improved. No response has been
received as of the date of this writing. Thus, the proposed request is not contrary to
Chapter 205A, Hawai`i Revised Statutes.
Based on the above, approval of this change of zone request from an
Agricultural 20-acre (A-20a)to a Limited Industrial-20,000 square feet(ML-20)
zoned district would result in an appropriate land use pattern that is consistent with
the General Plan, and will further benefit the general public.
The accompanying draft bill to amend Section 25-8-22 (Puna District Zone Map),
Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), is
provided for your favorable consideration. Please note the proposed conditions of
approval attached to the draft bill.
-6-
•,OJM`YCF Mii
COUNTY OF HAWAII :•:A * STATE OF HAWAII
BILL NO.
ORDINANCE NO. (pgjsjjJ byt)
AN ORDINANCE AMENDING SECTION 25-8-22 (PUNA DISTRICT ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL—TWENTY ACRES (A-20a) TO LIMITED INDUSTRIAL—20,000
SQUARE FEET (ML-20)AT KEA'AU, HAWAII, COVERED BY TAX MAP KEY:
1-6-152:020.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-22, Article 8, Chapter 25 (Zoning Code) of the 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 Kea`au, Hawaii, shall
be Limited Industrial—20,000 square feet(ML-20):
Beginning at the south corner of this parcel of land,being the southeast corner of
Lot 26-A-1, Land Court Application 1053 (Map 622) and on the northwesterly boundary
of Lot 1-D,Land Court Consolidation 213 (Map 2),the coordinates of said point of
beginning referred to Government Survey Triangulation Station" 'OLA'A"being
9,636.95 feet North and 8,406.40 feet East,thence running by azimuths measured
clockwise from True South:
1. 132° 37' 140.00 feet along Lot 26-A-1, Land Court
Application 1053 (Map 622);
2. 180° 29' 43.89 feet along Lot 26-A-1, Land Court
Application 1053 (Map 622);
3. 236° 44' 112.94 feet along Lot 26-A-1, Land Court
Application 1053 (Map 622);
-1-
4. 228° 09' 245.81 feet along Lot 26-A-1, Land Court
Application 1053 (Map 622);
5. 219° 48' 144.84 feet along Lot 26-A-1, Land Court
Application 1053 (Map 622);
6. 344° 59' 274.95 feet along Lot 9, Land Court Application
1689 (Map 1);
7. 58° 10' 398.85 feet along Lot 1-D, Land Court
Consolidation 213 (Map 2)to the point of
beginning and containing an area of 2.082
Acres.
All as shown on the map attached hereto,marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2005
Edition), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) 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.
-2-
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
-3-
A-20011PW0.1.11 II
MCX-20
AGRICULTURAL-TWENTY ACRES(A-20a)TO
LIMITED INDUSTRIAL-20,000 SQUARE FEET(ML-20)
MCX-20 2082 ACRES
MCX-20
MCX-20 v A-5a Cte /s.
MCX-20
I 4
-o
iii MCX-20 Z. ML-20
I
p MCX-20
A-20a
MCX-20
ol MCX-20
- MCX-20 j
tr Q
0
O 0
A-20a MCX-20 a:
MCX-20
A-20a
A-20a
9.636.9'N
A'
10 8,406.40 c
®;AA'
10 ML-20
0,05
111,
MirA
S-10
II A-20a WI.
410210(
00
A-20a
viiiip 'P 4 s' 1
�y RS-10 440
i A-20a 6- N
IlliSailek,:rA RS-10'— eft al
Feet
0 500 1,000 1,500
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-22 (PUNA DISTRICT ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL -TWENTY ACRES (A-20a) TO
LIMITED INDUSTRIAL - 20,000 SQUARE FEET (ML-20)
AT KEA'AU, PUNA, HAWAII
MAP PREPARED BY:
TMK:(3)1-6-152:020 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:October 7,2015
EXHIBIT"A" Milo Street Ventures,1367
CMiloStreetVenturesS LUREZ.jwd-02/09/16
MILO STREET VENTURES INC.
CHANGE OF ZONE APPLICATION (REZ 15-000197)
CONDITIONS OF APPROVAL
A. The applicant, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. The applicant, successors, or assigns shall notify prospective purchasers, tenants,
or lessees of all lots that farming operations and practices on adjacent or
contiguous land in the State Land Use Agricultural District are protected under
Hawai`i Revised Statutes Chapter 165, the Hawai`i Right to Farm Act. This
notice shall be included in any disclosure required for the sale or transfer of all of
the proposed lot.
C. Any action that would interfere with or restrain farming operations on adjacent or
contiguous properties shall be prohibited under Hawai`i Revised Statutes Chapter
165, the Hawaii Right to Farm Act; provided the farming operations are
conducted in a manner consistent with generally accepted agricultural and
management practices on adjacent or contiguous lands in the Agricultural District.
D. The applicant shall submit maximum daily water usage calculations as
recommended by a professional engineer licensed in the State of Hawaii, and a
water commitment deposit in accordance with the "Water Commitment
Guidelines Policy"to the Department of Water Supply prior to the submittal of
plans for Plan Approval review for any change of occupancy from the existing
agricultural packing and processing operation to an industrial use. Based upon
the calculations, if required,the applicant shall install a larger service lateral or
meter, and remit the prevailing facilities charge to the Department of Water
Supply. The applicant is responsible for maintaining valid water commitments to
support the proposed use until such time that required water facilities charges are
paid in full.
E. If required by the Department of Water Supply and/or the Fire Department, the
applicant shall install a fire hydrant fronting the subject property to provide the
required fire flow and fire protection within five(5) years from the effective date
of this ordinance.
F. Final Plan Approval shall be required prior to the establishment of any industrial
use on the property in accordance with Section 25-2-70, Chapter 25 (Zoning
Code), Hawai`i County Code. Plans shall identify all existing and/or proposed
structure(s),paved driveway access and paved parking stalls associated with the
proposed development, and the 10-foot future road widening setback along with
the roadway improvements. Landscaping shall be indicated on the plans for the
purpose of mitigating any adverse noise or visual impacts to adjacent properties in
accordance with the requirements of Planning Department's Rule No. 17
(Landscaping Requirements) and Chapter 25 (Zoning Code), Hawai`i County
Code.
G. Prior to receipt of Final Plan Approval or within five years from the effective date
of this change of zone ordinance, whichever occurs first, the applicant shall
comply with the standards outlined in Standard Details for Public Works
Construction R-34 (revised)by providing paved shoulder and swale
improvements consisting of,but not limited to, pavement widening with paved
shoulder and swale improvements, drainage improvements and any required
utility relocation that connect to the existing Milo Street roadway pavement
fronting the subject property meeting with the approval of the Department of
Public Works. The improvements shall be located within a 10-foot wide future
road widening setback and within the unpaved portion of Milo Street. Should
Milo Street be dedicated to the County in the future, the applicant shall subdivide
and dedicate the 10-foot road widening setback and the full dedicable standard
improvements, at no cost to the County.
H. If the owner of the private roadway fronting the subject property
(TMK: 1-6-152: 019) initiates a roadway improvement and maintenance program
for the improvement and maintenance of Milo Street, the applicant shall be
required to pay their fair share costs to the road owner for the program.
-2-
All development-generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties. A drainage study shall be prepared by a
licensed civil engineer and submitted to the Department of Public Works prior to
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.
J. 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 DLNR-SHPD shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from DLNR-
HPD when it finds that sufficient mitigation measures have been taken.
K. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
L. The applicant shall comply with all applicable County, State and Federal laws,
rules,regulations and requirements.
M. An 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).
-3-
5. If the applicant should require an additional extension of time, the
Planning Department shall submit the applicant's request to the Planning
Commission and the County Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the area to its original or
more appropriate designation.
-4-
wilimmirmailliffillinsommillibk asissialliw w
Z
• 0
0 -
Q
Z 0
J
0- Z
W) Q O
W
pe W Q
ImM CI e-N 7:-I. R
V
i- 1.0
W VB °- 0.
o °' r.
Z o Q o
Qo W
LU �o
Z ,
<�
QO Ln
N
= ,� N
0� w
Z v) a ce
W M- w
W 0 0
, Ce. m z
W Q
I— N z
V) = U
o
0 z
Q
J
W
Q
F-
N
^
�~~--~~—~~---~„..'^'— ------.....^--- ----.....—\��
s <
-2 1
Z �
0 ,
< '14.
i U 't,
\ Alt; ' , ' .--: ''-
',-, 0 \
te . ,,,,,,,,,,.- -----.4, .048 :
\ • ,4,, ,
, t'1% '',,,
•
J.
4/ . ' , 101 ; j11:1:ii7,.:,.:
iiiii ..1
„' 1411t...., '!'
|
4 'A,, 111.1.1111=0=0111111111.111111
7
( <
o,.., r
, 2 1:!:,
.7
Q.
...
0 ,,., , ...,.
' z ..,„„...... ,,,„„.„.. ,..,......„,..,,....._. .N
Z
0
N z
� '
Z
0 . .t iU o
It 9` t ..
y� ''
m� r
alt T
tom, Oal
O
w tit 0 Ask "(pi -,:„.,....::,
� C
,
, ooi, 0 000 •:-.,,--''
g •iPtig-111111114t0 ' _.:.„,„..--,...:_,_„,.,..„
�•
:',''. ... i
. ,.... . ....,' , , 0A • .
Or -
1 4iii* 4&t 101
' t
4
Ci. .. ,
�.
f�i. ..2 . ...
,.
',,
..,,,_,..„,. .„.. ,.:„..„,....,,
•
, , ,
, „._ ,,, ‘, .
...., ,
„. ,
Q ..-----:'-'- ''' ......„.„......„...,....„ .,. .. .,
' o ,, \\ \ ......____
„... \, , ,,,....,..„____-_______„ _ .
____ _____
„..... „„...
„ ,
, ,
„, „. „,
0 . ,
, . .
. .
. ..
„,. -, „,..
_.,......
........„.
, ,
.. ,. , ,.... „,- ,- ,,, ,,,,, ,,,,„,, , __,..,........, ,...„._
1,f -.� ~""~
,,,, ,,,,,, , .
u_i .._, , „.__,...,..._ , ,,
1, / fr,
v-) ,,,.../..._......„ ..... ..
,,,.... ,... ,„...
...,,
....CC\;) ,
z . ! \ \ `'•\ „..,/'"'"'"
f
t % ` t ✓
fi0' ' \\I ‘
' 1
/ q /', i /t
S
1.141
� q
/ aµ
' 0 k
__,..-------'----.7r'
► r/ ,.s � �4t
,, ,.,
0
.. . ,
/ „4. ,
\ .
,,,,,,, , 7/ -,, 7, 1101'61116111. \
1 . ,
♦ 4.111
, IP
,,,,......,..A 0oiP
____,. .„4„,(1.,_\ HR
... ......... . ...,........... .. ,
s
I •
..
.,,
k:
", <
, 2 .,
i
< .
\\ ./..., __ „ ,
______ .
_„ .......,
\ „„:„.„..... --......._
.....„„, .......„..._
Z I '1\ 141'SOU I I '''''' '''
c ' ), j, i g w
' I
IV
h
' 0°
ltd Or ...--11
4
�t�
zi
7
rik.".. .,.
.•!';',.'
..:,.
o
F----
0
I
Cl_
__I
<
CY_
\ LLJ
*go
-------</
•..,..,. 1 alk*
1.. .•''''''''''''' Orr'i ' 1 ICIlkk
• 4" •
*5* I" __-<.-----'-;---.1'..:*-• 14' t'''' #i
..,
1 ---- - "--- 4, - ; .I _,.4, • J
I.
:., • - , 40k,
'',. ..
,,' • " S
'4'..
! , .
.,
. ,
.. ..
..,,_. -------
-;---
„, - ft” "..\'fr 4---•
..,:,
::, ' 0*. -IA*10\ ,• ''
1,..o.,
,,..
.3
:,Y • • +�
0 IlL 0 E NI
Wcc) 01---- E D
c 0 0 Z
4(( 0 • _ ,4_
U �� 0
U U 0 0
•= 0 (1)
> —1Q
a. 75 C. EoN
Q D 000
0
W � SON
cNi
_ 0 C E
I— cn O OO 0
r'-..1Li
, ,�
O
O
0 O (1) -0 •x
D 0) E O
,... .:,- i+/-3 ..&
U
• Q Q -, O
.to, < .
COI--
W
0
a E >, 4j; cp_„
73 3ELil UP
a� o
w 73 ri � 0 "'
F— . SUE
i Li_ •- v) s
0 ...c. U
U 0 6 . )
\ v) EOD0
w _c —
�- oL.
> 1.-7. V)
.(, 0 .+-
I— 4� � D -
U 0 (A -c 0
w r. D .- > 0
+- 0 _ v) �
000 � .0) UU
0 _C � - _CD C3,
00
(, � u �
lo4) o
� ooc
"- Cl)c0U '
C " V) . D
4 N
( � -71 +_ _C
O o D .:-FN P_
° " U U
CO .- 03
i
I 41
111
I*I!,•
'''''',* ;ik
< Nit, 0 . si,..„.... .„. '
.,::,..,/V':. ,, 4. -iii, .,. i
' �
.N...."-45.:.:LU b: t J
I- x r A'
1
\ Z I tt
(_.ø.) I a I t w 1 1 ie�
it t ,
a ;
, 141 c t
i . •
•
Ott d i
I..
._ .. �� i++
a-�
41 rii
II
r
II
1. - ' # jIiI'
Y-• 4itiilll ! i`
;
ti
t i :it 2.11x /i
AO
o .......,,,,, ...,,,.. .
, .
... „, ...,
I
.,
0
...
i..,.
. . -
- .... ,,..
.... „,..„. ,
--
. '1,,,,,f.,:,,,
Cl-
...„ . ..
Ll...1
F----
,
V)
.„.:-. •____ / .
,,.
f."'" :, '; vs,./ , .,„„.............. . • . ,
., .
.......—
,--
• ' ,
.. ..
t t it;..?-.,, •
.fr
5.`..'f',;•,.. . , ,• ,.
t,,,gi:-,..',...,,,•:'.•' . .
.. ....., ,.
„...,=
. . '
L .._....
..,..,
„..„
:...,.
' 4 \
\ I
1
1 ,
, \''
. . ".
, -, \
(L)
i
f.',...1
WI' f 1 .
r ' \ 1
0 .-.
,
* ,--
t
I.,
.,,,
_.
,,• ,
, .
•
' ifI
0 .....
. ,
F--- .„
0
... -.t
.
,, .,
.....
..
to I .
,
Ili
4,0(/)
-,
. • -
,-.
:. 44/: 010°111111
al.... ,
".:i.., 111.11111111
.,,.,... ,
• - „'','
r . .,.
.
' •,.. -,.. .,
ii
17: 1
,,,..
I '
• ' 1 -.,,,,:
...... '
,
, .
„..,
i ' „ ' ''..'",t1,.• C-• '
,41111e* liall,', r+.
t '
- -''
/
.
r 114•-
,.1
'-o
' A
l' '
. .„
II--
0 ,..,,,_ 4 •
,.. .,.".-
,
- ,
. ,• . '.,:k
LLIe' ' -". '''* f• ..'-` „ .,..-
I— '''":„. . -
, .4
., , --.- -
-1 ....- ,
,.,
I, -.
'...
' „...
; . . ,..,
.. .. i .14--...
. . ...„..-.......4: ..............._.e,—.A.Ar-.
.._.
.,,..,...., ,
... 0
0, 4
- 0 1
. .0
. .
"` 4, i...
, , ....,
',
,•,,
;
„,„....,•, ,..
.. . ....„:„... .. ..
--- : :.,..,.„.•,,,,-;,,,.„..,..,.,......... . ill ,,...,......,...„ ... . ,...:.,
• F- . .,,,,,,...........,
0 ,. . ...„....,„:„,„.„.„, , .
... , ...„,,,,,T.,0„.. -, •
, ...:.„.„....,,..„...„.„.....,..,......... . ..... ,..... . .. . ..,.... ..., ,
. . ,
... ,
-_,..
..._
! ................. ..,, ,
........,,. . ...... ...
, .. ..,
1
,
..,,,..
, ,...
LLI '
IP, ,3.
-
, ,,„ , -.., • • ,::: -, .: .- --.::
. ...._ ., . ,,
...
1 .....,......„,.....
....:
....•.... „. ,,,,,,,„,...„. . I
t..,, . :villOpPIPP-- , ..- / -Iii, !cif. , ., .s.:* .....,...,' z„;',' -,•„.,. ,',-,:,=:-„,
:'''. ',,-;+-4: • . itik.:,s,;., '-. ... .
' . : L-'-:,,..v...,lti 7 ' :'' ' ''''''-• ' '-:',
. ,. .............-- - . ...
.,..,
. ..
. r
,....,. - I
. . . , . ...„...,...„.
.,,.,
.... . . .
1 „
.. . ....,.. ...,
.... ,,,
"".. I ,,,,:q,•• I.I;.,
''. . .
, '.. . •".:' qtlit ..!
. . • ' e",
.. * .I
'., ,, , • ' •-.0 '', 'Is
I .
,
- ,
• ,
(#/)
i CY C
oz
F-3 0 C
0
U -
U
_C.
:
. .
- a
0 ,
(ll
. E
Z ' o
, 0
. .
Z ° cy.
, < U
J, p
.„. .
o
.. ...,.._, , u._
1
, . .
. ,
: ......
1 ..........................
I-1-1 -,
.....
(/) a ,c,2t0-.'---
0
—I t.
' U * 1111ki ik
ierA°41."4-4,0 4_
.
...„....,„.4'''..44
/Ole
••.°^,
,..
' •••• ••••1
'.
4SN... '
' '%
-,, •
\ .
.. . . .
, , \
, \ .
... ... ,,,,,,.
..,.
. \
. . . • • •
, ..., • ,, • . •
• , 41%,
•No,.
...
------
...,...„ ,Ro----
,-:----.
'--•.,:,,
1'
.,,,.....,, .
WINDWARD PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
MARCH 3, 2016
A regularly advertised hearing on the applications of MILO STREET VENTURES
(SLU 15-045/REZ 15-197)was called to order at 9:02 a.m. in the County of Hawai`i Aupuni
Center Conference Room, 101 Pauahi Street,Hilo, Hawai`i with Chairman Charles Heaukulani
presiding.
COMMISSIONERS PRESENT: Charles Heaukulani, Donn Dela Cruz, Gregory Henkel, Donald
Ikeda, Myles Miyasato, and Raylene Moses.
ALSO PRESENT: Duane Kanuha (Planning Director), Danny Patel (Deputy Corporation
Counsel for the Windward Planning Commission), Daryn Arai (Planning Program Manager),
Jeff Darrow (Staff Planner), Christian Kay(Staff Planner), and Sarah Hata-Finley(Commission
Secretary).
And approximately 7 people from the public in attendance.
APPLICANT: MILO STREET VENTURES INC. (SLU-15-045/REZ-15-197)
Applications for a State Land Use Boundary Amendment from the Agricultural to the Urban
District and a Change of Zone from an Agricultural-20 acres (A-20a)to a Limited Industrial-
20,000 square feet(ML-20)zoning district for approximately 2.082 acres of land. The property
is located at 16-685 Milo Street, which is on the south side of Milo Street approximately 400 feet
east of the Kea'au Bypass Road and Milo Street intersection, Kea'au,Puna, Hawai`i,TMK: 1-6-
152:020.
HEAUKULANI: At this time, I'd like to go to number one on our agenda and, Jeff, ask if you
could bring us up to speed, please.
DARROW: Sure, thank you, Mr. Chairman. Good morning, Members of the Planning
Commission and Mr. Chairman. If I can direct your attention to our first presentation as
mentioned. Our first applicant is Milo Street Ventures, Inc. They're requesting a State Land
Use Boundary Amendment as well as a Change of Zone.
For reference, the subject property is located within the Puna District of Hawaii. More
specifically, we're looking in the Kea`au area, and the subject property is identified with a black
outline. For reference, we have Volcano Highway running through the middle of the map in a
north-south direction, and then we have the Pahoa Bypass Road, and the subject application
would be located on the Milo Street area.
This is a closer view showing the County zoning of the area. The different colors represent the
different types of County zonings that we have. The subject property is identified with a black
1
outline that is on the south side of Milo Street. For reference, again, we have the Kea`au-Pahoa
Bypass Road on the left side of the map running in a north-south direction.
The colors on the map—the dark green represents Agricultural–20 acres which the subject
property is currently zoned. The purple represents Commercial Industrial Mixed [sic] or MCX
zoning. The light gray represents Limited Industrial. We have two properties that are Limited
Industrial in the area. In fact, three properties. And, the lighter green represents Agricultural– 5
acres.
This is our State Land Use Boundary Map. The green represents Agricultural, and the pink
represents Urban.
And, this is our General Plan. Just recently, you might recall that the General Plan was amended
in this particular area. More specifically, the orange area, which is identified as Medium Density
Urban, was switched from Low Density Urban to Medium Density. The gray represents
Industrial. The interpretation up to this point has been to bring the Industrial up to the highway
as represented, represented with the previous rezones in the area.
This is an aerial photo. Again, for reference, we have the Kea`au-Pahoa Bypass Road. Milo
Street, the subject property, is identified in a red outline. Currently, there is a warehouse that is
constructed on the subject property. Prior—back in 1988—the Applicants did receive a Special
Permit, Special Permit No. 671, which was to allow the processing and packing facility for
anthuriums and other flowers and foliage.
The Applicant is requesting a State Land Use Boundary Amendment from Agricultural to an
Urban District and a Change of Zone from Agricultural–20 acres to a Limited Industrial–
20,000 square feet, ML-20, zoning district for approximately 2.082 acres of land.
The objective is that the owners believe that there is a much broader demand for other non-
agricultural uses of the facility that may include service-type Light Industrial service or uses such
as self-storage facilities, contractor baseyards, small business storage and warehousing, and
among others.
This is the Applicant's site plan that was submitted. For reference, we have Milo Street running
in an east-west direction, and the subject property identified in this general location.
These are some site photos. This is on Kea`au-Pahoa Bypass looking towards Kea`au Town
Center which would be in this location. Milo Street is on your right. This is a channelized
intersection.
This is at the intersection looking towards down Milo Street. Just for reference, on the left side
would be the credit union that was built previously, and we have Greenhouse Specialists on the
right side.
2
This is a little further down. The subject property would be on the right, and this, which includes
the fenced area identifying their property boundary, and this is a little further down with, again,
the subject property on the right side with the fencing.
The Planning Director is recommending to send favorable recommendations to the County
Council for both the State Land Use Boundary Amendment and the Change of Zone which is
accompanied by conditions.
That concludes our presentation. Thank you.
HEAUKULANI: Thank you, Jeff Commissioners, any questions for staff?
MIYASATO: Jeff, I just have a question on this. You know, it's a State Land Use Boundary
Amendment over 15 acres, and why isn't it a Land Use Commission matter?
DARROW: For this particular matter?
MIYASATO: Yes.
DARROW: The subject property is two acres.
MIYASATO: The amendment is for two acres, but if the total acreage is 20, then it, it only
pertains to the acreage that's being—
DARROW: —Proposed.
MIYASATO: Proposed, Okay.
DARROW: Yeah, so the total property is two acres. Is it—is there something that says 20
acres?
MIYASATO: It says Change of Zone from Ag–20 acres.
DARROW: Oh no, that's the zoning. The current zoning is Ag-20. So, we're going from
Ag-20 to Limited Industrial–20,000 square feet, but the actual property itself is two acres.
MIYASATO: Okay, thank you.
DARROW: Thank you.
HEAUKULANI: Commissioners, any other questions for Jeff?
DARROW: Thank you.
HEAUKULANI: Will the Applicant or their representative please come forward? Good
morning, sir.
3
NISHIMURA: Good morning.
HEAUKULANI: Could I get you to raise your right hand,please? Do you swear or affirm to
tell the truth on this matter now before the Planning Commission?
NISHIMURA: Yes, I do.
HEAUKULANI: Thank you. Please state your name, the area you reside in, and then you can
let us know what's on your mind.
NISHIMURA: Brian Nishimura. I reside at 1174 Awiki Place in Hilo.
HEAUKULANI: Good morning, sir.
NISHIMURA: Good morning. We'd like to thank the Planning Department for their favorable
recommendation. We appreciate that very much. The Applicant has reviewed the proposed
conditions and is able to comply with all of them except for the proposed Condition G which
requires, or it's a roadway condition requiring paved shoulders and swale improvements
consisting but not limited to pavement widening with paved shoulder and swale improvements,
drainage improvements, and required utility relocation. We believe that this condition should
not be imposed for the following reasons.
Number one,this section of Milo Street serving the subject property is in very good condition.
Along the subject property's frontage, the pavement width ranges from 32 feet to 24 feet wide.
This pavement width is comparable to pavement widths serving other industrial properties
including the Kanoelehua Industrial Area here in Hilo.
The Applicant is not proposing any new use at this time. The anthurium packing facility will
continue to operate as it has for the past 25 years. When the facility was first opened in 1991,
Milo Street was a gravel road, so it has been vastly improved over the years, and as I indicated, is
now a minimum of 24-foot wide pavement within a 40-foot right-of-way.
The draft ordinance states that the conditions are necessary to fulfill needs directly emanating
from the land use proposed and also to prevent circumstances which may be adverse to public
health, safety, and welfare. The anthurium packing facility has not caused any public health,
safety, or welfare issues during the years of operation. The major asset on the property is a
17,000-square foot warehouse structure. Any new use of the property is likely to have less
impact then the existing operation which has 26 employees working six days a week and
generating approximately 35 trips per day.
The private, paved section of Milo Street is only approximately 2,000 feet long, serving five
parcels along Milo Street. There is a gate at the end of the paved section, and that controls
access to W. H. Shipman's makai agricultural parcels. Shipman has indicated that they do not
have any commercial plans for properties along the road.
4
The Planning Department's objective in including this roadway condition appears to be intended
to result in having a County standard roadway to serve the Industrial zoned parcels on Milo
Street. However, it is highly unlikely that this will ever happen because each parcel is not
subject to the same conditions.
For example, there is no requirement for future road widening for, of Milo Street, of the Milo
Street right-of-way for the Christian Liberty parcel, Tax Map Key No. 1-6-3,parcel 17 or the
Hawaiian Rainforest Water Company parcel,parcels 1-6-3:18 and 23. Moreover, the
improvement requirements for the Hawaiian Rainforest Water Company are triggered prior to
the dedication of the roadway indicating that improvements would not be required if the road is
not dedicated.
Similarly, the condition imposed on Tax Map Key: 1-6-152:23 across the street and to the north
of the subject property has a condition which triggers improvements to dedicable standards prior
to dedication. It should be noted that the Planning Department's Recommendation states and I
quote, "At this time, there are no plans for the County to request Milo Street to be improved and
dedicated to the County as this is a private road."
Without a coordinated effort to plan, design,build, and dedicate the roadway improvements to
the County involving all of the affected landowners, there will be an inequitable burden placed
on landowners that will be required to make their improvements in advance of the others. In
addition, the existing pavement is not situated in the middle of the existing 40-foot road right-of-
way. So, the widths of the shoulders and swales will not be consistent. Piecemeal construction
of the improvements will result in inefficiencies in addressing drainage and utility issues.
Moreover, liability issues will be a concern for both the private owner of the roadway as well as
the individual property owners because the improvements will overlap the property line without
a clear delineation of ownership and responsibility.
For these reasons, the Applicant feels that the limited resource, their limited resources, would be
better spent through participation in a roadway improvement and maintenance program as
described in Condition H of the proposed conditions and which they are willingly able to
participate. Thank you.
HEAUKULANI: Thank you, sir. So,just so I'm clear and the record's clear, you've received
and reviewed the entire Background Report and Recommendation Reports from the Planning
Director?
NISHIMURA: That's correct.
HEAUKULANI: And, are you or your clients in agreement with everything except for
Condition of Approval G.
NISHIMURA: That's correct.
5
HEAUKULANI: Can I get staff to I guess give us the position of the Department in your basis
for Condition of Approval G, Jeff?
DARROW: Sure, thank you,Mr. Chairman. When an applicant comes before the Planning
Commission and the Council to request a Change of Zone to a higher density type zoning, we
take into consideration infrastructure improvements that would be needed that would be able to
handle the additional high density of that particular zoning. There are standards, roadway
standards, for Industrial zoning. We're just simply reflecting those.
If I can defer,refer you to our memorandum received from the Department of Public Works
which is our Exhibit No. 4, they're asking for the properties' frontage to be improved with
pavement widening with curb, gutter, and sidewalk and drainage improvements, so they wanted
actually a higher standard for this particular application. And, not only this one, but others as
well on Milo Street.
In the past, understanding this unique situation of the privately owned road by Shipman and the
circumstances that it puts on the applicants to improve to these standards, we've, we've actually
recommended that it be brought down to a lesser standard which is the paved swales, and that
would be in our Exhibit No. 3. It kind of gives you an indication of the two different standards
that we look at.
Industrial zoning does call for a 60-foot wide right-of-way, which at this time, as mentioned, it's
approximately 40 feet. So, as well as the applicant across the street which came in, in 2004, they
were required to do a future road widening setback and improvement similar to this application
of ten feet. And, so we're just asking for the same thing.
In talking with the County, you know,the process is for the County to accept the roadway for
dedication, the road has to be built to dedicable standards. Unless the County builds it, they're
not going to come in and build it and then, and then take it over. It has to be built to dedicable
standards. So, it doesn't seem very likely that in the near future, or far future actually, that this
road is going to be built to dedicable standards by any other than either Shipman, the landowner
of the private roadway, and/or the applicants that own properties along the roadway.
So, again, with—with the request of the higher use, there comes infrastructure considerations
that have to be met.
HEAUKULANI: Thank you, Jeff. Commissioners, any questions for—I'll leave it open—for
either the Applicant or for staff on this matter?
IKEDA: Mr. Chairman?
HEAUKULANI: Commissioner Ikeda.
IKEDA: Jeff, can I ask you a question? Maybe I'm misreading this thing, but Condition H says
if the owner of the private road, which I believe is Shipman, fronting the subject property
initiates the roadway improvement and maintenance program for improvement and maintenance
6
of Milo Streets, so if he initiates the program,then the Applicant shall be required to pay a fair
share of the road, road owner for the program. So, I figure if Shipman does make a requirement
to improve the roads, I believe all the owners in the front has to pay their fair share. Am I
misreading this or—?
DARROW: No, that's correct. It was our hope that Shipman would initiate such a program, but
at this time, they have not.
IKEDA: No,but if the condition is in there, wouldn't it help in the future because it's a—it's not
for now,but it's for the future.
DARROW: It actually was reflective of a condition that was placed in a similar application in
this general area for the school. There was a condition for the Christian Liberty School that they
contribute to a main, to the maintenance of the private roads leading to the subject parcel and the
walkway fronting the subject property as agreed upon with W. H. Shipman. Such agreement in
the form of restrictive covenants in the deed shall be submitted for review and approval by the
Planning Director during Final Plan Approval. In speaking with Shipman, apparently this
particular maintenance program and improvement program did not get off the ground.
IKEDA: Yes,but if the condition is in, if Shipman should initiate the program, then—
DARROW: —Right—
IKEDA: —all these people have to pay a fair share which—
DARROW: —Correct—
IKEDA:
CorrectIKEDA: —I think is kind of, it's fair.
DARROW: Right.
IKEDA: Okay, thank you.
DARROW: And, we're looking at two different things here. We're looking at the right-of-way
owned by Shipman, and we're looking at the future road widening setback area that we're asking
for to widen the road to these industrial standards.
HEAUKULANI: Commissioner Henkel.
HENKEL: You know, looking at the site photo that's being projected there and noting the
location of the utility poles, you know, as pointed out that the road doesn't go down the center of
the right-of-way, and on the left side of the street there, there's probably 20 feet between the
roadway edge and the utility pole. And, if you look further, at the next pole on the right side of
the street, it's right on the roadway edge, so I mean it seems to me that the improvements should
be made on the other side of the street then the side that Mr. Nishimura is occupying.
7
DARROW: What you're looking at in this photo is the current Milo Street pavement, the
property boundary of the Applicants which is identified by the placement of the fence. So, the
requested 10-feet future road widening setback would be from where that fence is going onto the
property and those improvements being made. There is a similar condition for the applicant
across the street, did that have to do similar improvements.
So, the hope is that when both are improved, you will have a 60-foot right-of-way with the
improvements with the paved swales.
KANUHA: Mr. Chairman?
HEAUKULANI: Yes, Director Kanuha.
KANUHA: If I could direct the Commissioners to pages 4 and 5 of the County's
Recommendation. Pages 4 and 5 of the Recommendation both of those pages have rather
extensive discussion of the roadway situations within this area, so if you take a quick glance at
that, you can see the difficulty we have in different requirements that have been imposed on
individual projects within there.
What this condition, what Condition G basically is, it's a departure from the Department of
Public Works' requirements because their requirements for this kind of road basically says
there's a need, a requirement for curbs, gutters, and sidewalks. What we have done, given the
situation along Milo Street, which is, you know kind of chop suey. Some guys gotta do this;
other guys gotta do that. That's how we—we came up with a compromise condition which
we're suggesting that the Commission consider the improvements to be done for the purposes of
advancing this rezoning request, is mainly to, to additional pavement with swales to take care of,
you know,minimal drainage issues.
And, if down the road, Shipman decides to coordinate the necessary improvements to have Milo
Street dedicated to the County, then the, this Applicant would be required to participate in
whatever it would, their pro rata share, to get Milo Street to those standards where the County
would take it.
HEAUKULANI: Commissioners, any other questions for Applicant, staff, Director Kanuha?
Thank you, sir. You can be seated. We don't have anyone signed up to testify. Is there anyone
here that wants to testify on this matter? Seeing none, Commissioners, I'd like a motion to close
public testimony, please.
IKEDA: Move to close public testimony.
DELA CRUZ: Second.
HEAUKULANI: Thank you. We have a motion to close public testimony by Commissioner
Ikeda and a second by Commissioner Miyasato [sic]. Any discussion? All in favor signify by
saying aye.
8
COMMISSIONERS: Aye.
HEAUKULANI: Opposed? Hearing none, the motion to close public testimony carries.
Commissioners,is there a motion for action on this matter?
MIYASATO: Chair, I'll make a motion.
HEAUKULANI: Commissioner Miyasato.
MIYASATO: I move that a favorable recommendation—recommendation be forwarded to the
County Council on the application for the State Land Use Boundary Amendment, Docket No.
SLU 15-045 based on the Planning Director's findings and recommendations which shall be
adopted.
IKEDA: Second.
HEAUKULANI: I believe that was Commissioner Ikeda. We have a—it's been moved by
Commissioner Miyasato; seconded by Commissioner Ikeda. Is there any discussion?
Commissioner Henkel.
HENKEL: I—I kind of feel that it's Shipman's kuleana, and that they should work out any
improvements with their leaseholders. Would you consider amending your motion to exclude
provision G, Commissioner Miyasato?
MIYASATO: I would—I would agree with the Department's standpoint of a condition that's
being imposed consistently for the application. If the motion fails, we can welcome your,
another motion to be made.
HENKEL: Okay.
HEAUKULANI: Any further discussion? Jeff, I'd ask that you take a roll call after restating the
motion,please.
DARROW: Sure, thank you, Mr. Chairman. The motion before us is to send a favorable
recommendation to the County Council—
IKEDA: —Excuse me, Mr. Chair?—
DARROW: —for the State Land Use—
IKEDA: —I didn't hear a second.
DARROW: —boundary amendment—
HEAUKULANI: —Excuse me,just a second, Jeff I'm sorry?
9
IKEDA: I didn't hear the second on the amendment.
HEAUKULANI: I don't think there was—I apologize—
HENKEL: I didn't make a motion. I just asked him if he would consider revising his motion.
HEAUKULANI: There wasn't a motion on the table.
DARROW: Just for clarification, we're just working with the State Land Use Boundary
Amendment at this time, and then we'll go to the Change of Zone.
PATEL: Just to follow up on that, Jeff, real briefly. So, the condition would apply to the
Change of Zone application, not—and the current motion is on the SLU.
DARROW: So, with that, we'll take the roll call. Commissioner Miyasato?
MIYASATO: Aye.
DARROW: Commissioner Ikeda?
IKEDA: Aye.
DARROW: Commissioner Dela Cruz?
DELA CRUZ: Aye.
DARROW: Commissioner Henkel?
HENKEL: Aye.
DARROW: Commissioner Moses?
MOSES: Aye.
DARROW: And Mr. Chairman.
HEAUKULANI: Aye.
DARROW: The motion passes six to zero.
HEAUKULANI: Thank you. You'll be notified of the Commission's decision in writing.
DARROW: Oh, Change of Zone.
HEAUKULANI: My apologies, go ahead. And, Commissioners, I would entertain a motion on
the Change of Zone.
10
IKEDA: Mr. Chairman, I move that a favorable recommendation be forwarded to the County
Council on the application of Change of Zone, Docket No. REZ 15-197 based on the Planning
Director's findings,recommendations,and proposed conditions which shall be adopted.
HEAUKULANI: Thank you, Commissioner Ikeda.
MIYASATO: Second.
HEAUKULANI: A second by Commissioner Miyasato. Commissioners, any discussion? Jeff,
again,please roll call vote, and restate the motion.
DARROW: Sure. The motion before us is to send a favorable recommendation to the Hawaii
County Council for Change of Zone No. 15-197. With that, we'll take the roll call.
Commissioner Ikeda?
IKEDA: Aye.
DARROW: Commissioner Miyasato?
MIYASATO: Aye.
DARROW: Commissioner Dela Cruz?
DELA CRUZ: Aye.
DARROW: Commissioner Henkel?
HENKEL: Aye.
DARROW: Commissioner Moses?
MOSES: Aye.
DARROW: And Mr. Chairman.
HEAUKULANI: Aye.
DARROW: The motion passes six to zero.
11
HEAUKULANI: And, you'll be notified of the Commission's decision in writing. Thank you.
The discussion ended at 9:31 a.m.
Respectfully submitted,
Sarah Y. Hata-Finley, Secretary
Windward Planning Commission
12