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Home My WebLink AboutPD BACKGROUND REPORT BWHBPLLCAmendREZ202 Lcrk.11.30.21 COUNTY OF HAWAI`I PLANNING DEPARTMENT BACKGROUND REPORT WEST HAWAI`I BUSINESS PARK, LLC AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 18 115 (REZ 1049) WEST HAWAI`I BUSINESS PARK, LLC has submitted an application to amend Condition J (Kamanu Street construction timing) of Ordinance No. 18 115 to delete language related to alternative financing for and phasing of the construction of Kamanu Street extension and adding reference to new conditions (Condition N and Condition O) as exceptions to the requirement to complete construction of Kamanu Street prior to Certificate of Occupancy. The applicant further requests to amend Ordinance No. 18 115 to add new Condition N (roadway /driveway requirements related to the development of TMK 7-4-008:077 and new Condition O (ownership transfer and development of TMK 7-4-008:090). The subject properties located along the east (mauka) side of Queen Ka`ahumanu Highway (State Highway 19), Honok6hau Pt and 2nd, North Kona, Hawaii, TMKs (3) 7-4-008:013, 030, 074, 076-78 inclusive, 084, 085 and 090-100. APPLICANT'S REQUEST 1. Applicant's Request: The applicant is requesting to amend Condition J(Kamanu Street construction timing) of Ordinance No. 18 115 to delete language related to alternative financing for and phasing of the construction of the Kamanu Street Extension and adding reference to two (2)new conditions (Condition N and Condition O) as exceptions to the requirement to complete construction of Kamanu Street prior to Certificate of Occupancy (CO). The requested amendment language is as follows. Material to be deleted is bracketed and struck-through; new material is underlined: J Prior to the issuance of a Certificate of Occupancy of any structure within the project area, except as provided in Conditions K, L, [awd]M, N, and O, below, Kamanu Street Extension shall be constructed and available for use across the entire project area. The applicant shall construct Kamanu Street extending from the north property boundary to the south property boundary except as provided in Condition N, below, meeting with the approval of the Department ofPublic Works. [ -1- , , t tl e 1te r , F, the St -OHStFHetiOH.O D, ;42-4 tl t eflient is OF 02 . k] The applicant further requests to amend the subject ordinance to add new Condition N (roadway/driveway requirements related to the development of TMK 7-4-008:077) and new Condition O (ownership transfer and development of TMK 7-4-008:090). The proposed condition language is as follows (please note Condition N was amended from -2- what was represented in the application based on consultation between the Planning Department and applicant): N. Provided that there is no further subdivision of Tax Map Kev (TMK): 7-4-008:077 (Parcel 77),prior to the issuance o a Certificate of Occupancy or anv structure within Parcel 77, the Applicant shall construct the°following roadway/access improvements: the Kamanu Street Extension from the existing pavement within TAX: 7-4-020:013 to the southern boundary_of TAX: 7-4-008:078 to dedicable standards; and internal access improvements with a minimum 20e ootpavement width, meeting with approval o the Department ofPublic Works, connecting the terminus ofKanalani Street at the northern boundary of Tax Map Kev: 7-4-008:078 to the Kamanu Street right-of-way. Should Parcel 77 befurther subdivided,prior to issuance of Certificate of Occupancy on anv structure within the area, Kamanu Street Extension shall be constructed and available for use across the entire project area as required by Condition J; and O. Upon transfer o ownership to the County ofHawai`i, development and issuance ofa Certificate of Occupancy within TAX: 7-4-008:090 shall not require any improvements pursuant to Condition J, above. 2. Reasons for the Request: In 2018, the County Council approved Ordinance No. 18 115 to exempt the development of a 48.4-acre portion of the West Hawaii Business Park (WHBP) (hereinafter initial development area) from the requirement to construct the Kamanu Street Extension through the entire rezone area between the Kaloko Industrial area and Honokohau industrial area. Since then, the applicant has secured Final Subdivision Approval of the initial development area and entered into a road construction agreement with Isemoto Contracting Company, Ltd. to provide the following roadway improvements: 1)the extension of Kanalani Street between the northern boundary of the project area to the northern boundary of Parcel 78; and 2) construction of the portions of North Access Road (now Kaula`ili Street) and the South Access Road (now Kimo Drive) between Kanalani Street and Queen Ka`ahumanu Highway (see Exhibit 2 of the -3- application). Once the road sections are complete and dedicated to the County, final occupancy permits can be granted to properties within the initial development area for commercial, retail, and light industrial uses without triggering the required construction of Kamanu Street. Concurrent with this timeline, the following prospective developments have been proposed for two (2)parcels outside of the initial development area: 1. The applicant has entered into an agreement with an interested parry for the acquisition of a 31.145-acre portion of the WHBP identified as TMK 7-4-008:077 (Parcel 77)to establish a single use under single ownership. Based on this single- ownership and use, the property will not require subdivision into smaller lots as initially anticipated by the applicant. Therefore, the prospective buyer would like to provide access to Parcel 77 from the Kamanu Street Extension, which will be partially constructed from its existing pavement within TMK:7-4-020:013 to the southern boundary of TMK: 7-4-008:078 (Parcel 78)to County dedicable standards, including the provision of curb, gutter, and sidewalks as required by DPW in the approved Kamanu Street construction plans. Once complete, this section of Kamanu Street will connect from the mauka end of the project, through Parcel 77 to the southern terminus of the Kanalani Street Extension currently under construction at the makai portion of the property via a 20-foot wide, private internal driveway meeting with the requirements of the County of Hawaii Department of Public Works (see Exhibit 4 of the application). This would be done in lieu of the construction and dedication of County dedicable roadways within the property, as would be required by the approved circulation plan in the case of the property being subdivided. Based on consultation with the Planning Department, the applicant amended their original proposal for Condition N to require the completion of the Kamanu Street Extension through the rezone area prior to issuance of a CO should this current proposal not be realized, and Parcel 77 be further subdivided. 2. The applicant is in the process of dedicating a 2.596-acre site, identified as TMK: 7-4-008:090 (Parcel 90), to the County for development of a regional sewer pump station (SPS)by the Department of Environmental Management. This SPS is part -4- of the sewer infrastructure necessary to connect the existing sewer lines within Queen Ka`ahumanu Highway between Hina Lani Street and Kealakehe Parkway to the Kealakehe Wastewater Treatment Plant. The acceptance of the dedication deed is currently in process by the Hawaii County Council. As both of these parcels are situated outside of the initial development area, no occupancy permits can be issued without triggering the completion of the entire Kamanu Street Extension across the rezone area, which would be cost prohibitive for these uses. Therefore, in order to facilitate the development and occupancy of structures and uses on these two (2) properties, the requested amendments to Ordinance No. 18 115 are necessary. Finally, the applicant is also requesting deletion of a section of Condition J that provides the ability to develop the Kamanu Street Extension in phases as well as providing for alternative funding options (e.g., Improvement Districts or Community Facilities Districts)for its construction. The applicant has determined that these options are not viable for the development of Kamanu Street and will instead utilize proceeds from the sale of properties within the WHBP to privately finance Kamanu Steet extension construction. If the requested amendments are approved, Condition J would still require the completion of the remainder of the Kamanu Street Extension before any further development/occupancy can occur in the remaining portions of the WHBP, including 85 acres of MCX zoned lands and 85 acres of MG zoned lands. 3. Supportive Information: The applicant has submitted the attached in support of the request(Planning Department Exhibit 1 —Change of Zone amendment request dated July 15, 2021, and Planning Department Exhibit 2 —Additional Information addendum dated July 26, 2021.) 4. Landowners: West Hawaii Business Park, LLC, Kaiser Foundation Health Plan, Inc., Bluroc Properties, LLC; Jas Glover Holdings Co, Ltd., WHBP Leasing, LLC, and WHBP Investment, LLC. -5- BACKGROUND INFORMATION 5. State Land Use Commission Docket A00-730: On September 18, 2003, the State Land Use Commission approved Docket No. A00-730 to reclassify 336.984 acres of land from the State Land Use Conservation District to the Urban District. 6. Change of Zone Ordinance No. 04 110: Change of Zone Ordinance No. 04-110 which rezoned approximately 186.733 acres from Open (0) to Industrial-Commercial Mixed (MCX-20) and 85.733 acres from Open (0)to General Industrial (MG-la)became effective on October 12, 2004. 7. Change of Zone Ordinance No. 18 115: Amendment to conditions of Change of Zone Ordinance No. 04-110 to increase the area allowed for development prior to triggering the construction of Kamanu Street from ten (10) acres to 48.4 acres. The subject Change of Zone ordinance became effective on December 5, 2018. (Planning Department Exhibit 3 - Ordinance No. 18 115) STATE AND COUNTY PLANS 6. State Land Use District: Urban. 7. General Plan LUPAG Map Designation: Industrial, which includes uses that may not be compatible with commercial areas (such as manufacturing and processing, wholesaling, large storage and transportation facilities, power plants, and government base yards) as well as other industrial, manufacturing or wholesaling uses. 8. County Zoning: General Industrial-1 Acre (MG-la) and Industrial-Commercial Mixed - 20,000 square foot minimum lot size (MCX-20). 9. Kona Community Development Plan (CDP): The Kona CDP, was adopted by Ordinance 08-131 on September 25, 2008 by the Hawaii County Council. The project site is situated within the Kona Urban Area(KUA) and a portion of the project area is situated within the Honok6hau Village Regional Center TOD. The Kona CDP Transportation Network map identifies Kamanu Street Extension through the project site as a Major Collector Road. It also identifies Kanalani Street Extension through the project site as a Minor Collector Road. -6- DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 10. Subject Properties: The project area is located approximately halfway between the Ellison Onizuka Kona International Airport at Keahole and Kailua-Kona, between the Kaloko Industrial area to the north and the Honok6hau industrial area to the south. The project area was originally rezoned as three (3) separate parcels, with Parcel 1 consisting of 186.733 acres rezoned from Open to MCX-20, Parcel 2 consisting of 85.733 acres rezoned from Open to MG-la, and Parcel 3 consisting of 9.901 acres rezoned from Open to MCX-20. Through subsequent subdivision actions, the project area now consists of 17 separate parcels. There are existing quarry operations, concrete batching and a pre-cast operation and related uses covering approximately 100 acres of the West Hawaii Business Park, primarily on Parcel 2 and a portion of Parcel 1. The quarry and related uses were approved by Conservation District Use Permit HA-66/6/12-35 and have been in existence in this area since 1967. Appropriate buffers will be provided between existing quarry uses and the proposed and existing industrial and commercial mixed uses. Excavated areas no longer yielding aggregate materials will be appropriately smoothed to allow for future development. Parcel 3 is the site of the Kaiser Permanente Kona Medical Office, which was built in 2014. 11. Surrounding Zoning and Land Uses: The adjacent properties to the north are zoned Limited Industrial 1-acre (ML-la) and Industrial-Commercial Mixed 1-acre (MCX-la) and are the site of the Kaloko Light Industrial area. Properties to the east(mauka) are zoned Open and Agricultural 5-acre (A-5a) and intermittently used for cattle grazing. Properties to the south are zoned Limited Industrial 1-acre (ML-la), Limited Industrial 3- acre (ML-3a), and General Industrial-5 acre (MG-5a) and are the site of the Honok6hau Business Park. The Kaloko-Honok6hau National Historical Park is located directly across or makai of the Queen Ka`ahumanu Highway to the west. 12. Flood Zone: Zone "X", areas determined to be outside the 500-year flood plain. 13. Archaeological/Historical/Cultural Resources: According to correspondences from the Department of Land and Natural Resources-State Historic Preservation Division (SHPD), an Archeological Inventory Survey was accepted on February 12, 2001, that identified 70 historic sites in the project area. 30 sites were recommended for data recovery, a burial -7- treatment plan was recommended for five (5)burial sites, seven (7)non-burial sites were recommended for preservation (including a portion of the Mamalahoa Trail (King's Highway), the Honok6hau Historic Trail (Mauka-Makai Tram, petroglyphs, an enclosure, a trail marker mound, a cave, and a terrace complex), and the remaining 28 sites were designated for no further work. SHPD accepted an archaeological data recovery report(ADR) on July 19, 2004, and a burial treatment plan was accepted by the Hawaii Island Burial Council (HIBC), which concurred with the preservation of five (5) burials in place. Finally, on August 12, 2003, SHPD accepted an archaeological Preservation Plan (PP), which proposed the establishment of an interpretive preservation complex containing the seven (7) sites and associated buffer zones, maintenance, signage, consultation, access and ownership/management requirements. This complex is designated as TMK 7-4-008:078 (Parcel 78) of the project area. Remnants of two (2)trails are situated within Parcel 78, the Mamalahoa Trail (Site 00002)which runs parallel to Queen Ka`ahumanu Highway and whose interest was sold to Lanihau Partners in 1973 and the Honok6hau Historic Trail (Site 18099), which runs in a mauka-makai direction from Kaloko Mauka to the Aimakapa`a Fishpond and intermittently traverses the center of the Parcel 78 preserve as a kerbstone trail. The approved preservation plan allows for a breach of the Honok6hau Historic trail to extend Kanalani Street into Parcel 77. Under this amendment request, this proposed breach will now include a portion of the proposed 20-foot-wide internal driveway connecting Kanalani Street to Kamanu Street. According to a 2006 abstract memo from the Na Ala Hele Statewide Trails and Access Program (Na Ala Hele) (included as Attachment 5 of Planning Department Exhibit 2), this trail is subject to the Highway's Act of 1892 and thus eligible to be claimed by the State. However, consultation with Na Ala Hele's trail specialist at the time indicated that since the state sold sections of the Mamalahoa Trail to the applicant, Na Ala Hele was not interested in the mauka-makai remnants of the Honok6hau Historic Trail for programmatic purposes (e.g., hiking trail), nor did the trail have linear recreation or access value. However, a revised abstract memo, dated July 14, 2021, was issued clarifying statements on the disposition of the trail from the first memo and confirming -8- that while the trail remnant did not serve a Na Ala Hele program purpose at the time, the trail is still owned in fee simple by the State pursuant to the State Highway's Act of 1892 and HRS 264-1(b). Thus, any breach of the trail would require the purchase of an easement from DLNR Land Division subject to the approval of the Board of Land and Natural Resources. (Planning Department Exhibit 4 —July 14, 2021 Revised Abstract Memo from Na Ala Hele Statewide Trails and Access Program) 14. Floral/Faunal Resources: The Final Environmental Impact Statement(FEIS) dated April 2003 stated that the proposed development is not expected to have a significant negative impact on the botanical resources since the site is dominated by introduced or alien species. Additionally, the project site is not considered to be an essential habitat for any native terrestrial vertebrate species, and there is no federally designated critical habitat for birds in or near the site. The FEIS states that no direct adverse impacts to native or otherwise important fauna would occur, as the area is almost entirely composed of alien species. 15. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the project area. 16. Civil Defense Sirens: There is an existing Civil Defense Siren located at Honok6hau Harbor that covers a small portion of the subject properties in its coverage area. Condition No. 12 of LUC Docket No. A00-073 requires the installation of a solar powered siren in a central location as determined by the County of Hawaii and State Civil Defense agencies. The applicant will install the siren as required by these agencies. PUBLIC UTILITIES AND SERVICES 17. Access/Traffic Impacts: Access to the project area is currently taken from Queen Ka`ahumanu Highway via three (3)roadways: 1) Honok6hau Street which provides access to the Kaiser Permanente Kona Medical Office along the southern boundary of the project site; 2) Kimo Drive, a signalized, four-legged intersection (formerly known as the South Access Road); and 3) Kaula`ili Street, which is limited to right-in/right-out movements (formerly known as North Access Road). As previously mentioned, the applicant has secured construction plan approval and entered into a road construction contract to complete the roadway segments to County dedicable standards as currently -9- required by Condition K of the subject ordinance (the remainder of Kimo Street and Kaula`ili Street between the highway and the Kanalani Street extension and Kanalani Street from its existing terminus in the Kaloko Light Industrial area south to Kimo Street, to County dedicable standards). While not required under Condition H, the approved roadway construction plans, and road construction contract include the further extension of Kanalani Street between Kimo Street and the northern property boundary of Parcel 78. For access to the mauka portion of Parcel 77, the applicant proposes to extend Kamanu Street from its existing pavement within TMK: 7-4-020:013 to the southern boundary of Parcel 78 to County-dedicable standards and construct an internal driveway with a minimum 20-foot pavement width, meeting with approval of the Department of Public Works, connecting the terminus of Kanalani Street at the northern boundary of Parcel 78 to the Kamanu Street right-of-way. According to the applicant, these access improvements will provide an internal connection between Kanalani Street and Kamanu Street that will be open and accessible to the public during normal business hours of the proposed single use on the property, thus providing an alternate route between Hina Lani Street and Kealakehe Parkway. In support of the request, the applicant submitted a letter from Wilson Okamoto Corporation (WOC) indicating that the proposed amendments would not result in a significant impact on traffic in the area, stating that, "With the implementation of the recommendations, traffic operations at the study intersections are generally expected to continue operating at levels ofservice similar to those as identified in the WHBP Traffic Impact Report(TIR). Therefore, it is expected that the recommendations and general conclusions provided in the WHBP TIR should continue to be valid and implemented. "In their August 2021 comment letter, the State Department of Transportation (DOT) concurred with WOCs findings, indicating that no additional traffic studies are required to support the proposed amendments. Furthermore, DOT indicated that the proposed amendments and roadway improvements were consistent with the approved Roadway Circulation Plan required in Condition I of the subject ordinance and that the proposed amendments would have no significant, direct impacts to State highways. -10- 17. Water: According to the 2019 Annual Report, the applicant secured 2,291 water units in exchange for the completion and dedication of the Palani Well and related improvements to the Department of Water Supply (DWS) in 2015. During the 2018 amendment to the rezone, DWS indicated that pursuant to the Well Site Development Agreement dated April 12, 2007, between the applicant, other parties, and the Water Board, the applicant has a water commitment for the proposed development. The parties to the Agreement have also executed an Off-Site Improvement Agreement dated August 12, 2009; First Supplemental Well Site Development Agreement dated August 12, 2009; and Second Amendment to Well Site Development Agreement dated July 27, 2015. Required water system improvements for the project area are subject to the above mentioned agreements. 18. Wastewater: The project area is located approximately two (2) miles from the Kealakehe Wastewater Treatment Plan (WWTP), however there are currently no sewer lines serving the site. It is expected that County sewer lines will extend to the project area in the future. Conditions of the LUC Decision & Order Docket No. A00-730 require the petition area to be developed with dry sewer lines, eventually connecting to the Kealakehe WWTP when a connection is available and requires lot owners in the project area to participate in an improvement district to fund connection to the WWTP and pay a fair share of the cost to fund a connection. Additional conditions require tenants to utilize individual wastewater systems (IWS)with an enhanced treatment system meeting with the requirements of the State Department of Health in the interim and limits the project to a maximum of 40 lots to be improved and occupied before requiring connection to the County's WWTP, provided that they install and maintain the previously mentioned IWS with enhanced treatment systems. Currently, there are two lots that have been developed using an enhanced IWS, leaving balance of 38 lots still eligible. A final condition requires the petitioner and lot owners to develop and participate in a Wastewater System Maintenance Agreement to ensure that the enhanced IWS systems are regularly inspected, maintained, repaired, and certified to be in proper operating order. In their latest Annual Report to the State Land Use Commission the applicant confirmed that they do and will continue to comply with these requirements. As previously mentioned, the applicant is in the process of dedicating Parcel 90 to the -11- County of Hawaii for the development of a regional sewer pump station (SPS)by DEM to connect the existing sewer lines within Queen Ka`ahumanu Highway between Hina Lani Street and Kealakehe Parkway to the Kealakehe WWTP. 19. Solid Waste: There are no municipal waste collection services in the County. All solid waste generated by the development will be disposed of at the County's Pu`uanahulu landfill, approximately 18 miles north of the site. The applicant prepared a Solid Waste Management Plan as required by Condition No. 13 of LUC Docket No. A00-073. The plan was subsequently accepted by the Department of Environmental Management— Solid Waste Division on August 21, 2006. 20. Essential Utilities and Services: Electricity and telephone services are available to the site. The Kealakehe Police Station is located about 1.5 miles south of the project site, and fire protection is provided by the Kailua-Kona Fire Station located approximately three miles south of the property. The Kona Hospital is located in Kealakekua, approximately ten (10) miles from the site. AGENCIES' COMMENTS 21. Department of Public Works-Engineering Division (Planning Department Exhibit 5 —September 7, 2021 memo 22. Department of Environmental Management(Planning Department Exhibit 6— September 24, 2021 memo) 23. State Department of Health: (Planning Department Exhibit 7—August 8, 2021 memo and February 23, 2018 memo) 24. Department of Land and Natural Resources -Engineering Division: (Planning Department Exhibit 8—August 10, 2021 memo) 25. State Department of Transportation: (Planning Department Exhibit 9—August 27, 2021 letter) AGENCIES -NO COMMENTS OR CONCERNS 26. Fire Department, Police Department, DLNR - Land Division. AGENCIES -NO RESPONSE 27. Department of Water Supply, Civil Defense Agency, State Land Use Commission and National Park Service. -12- APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 28. Planning Department Exhibit 10: Letter from William L. Moore Planning, Inc. dated October 15, 2021 responding to Department of Public Works comments. 29. Planning Department Exhibit 11: Letter from William L. Moore Planning, Inc. dated October 15, 2021 responding to State Department of Health comments. 30. Planning Department Exhibit 12: Letter from William L. Moore Planning, Inc. dated October 15, 2021 responding to Department of Land and Natural Resources - Engineering Division comments. 31. Planning Department Exhibit 13: Letter from William L. Moore Planning, Inc. dated October 15, 2021 responding to State Department of Transportation comments. PUBLIC COMMENTS 32. As of this writing, the Planning Department has not received any written comments or objections from the general public or adjacent landowners on the subject application. -13- 4 Lanihau Tropenie .D" � <<r4 "i�q"f LLC J, i ,11.0. 1,3o4.��6,3_3 Jully 15„ 2021 Zendio Kern, Director County of Hawaii Planning Department 101 Paahi Street, Suite Hilo, Hawaii 957 0-304 Dear Mr. Kern: Re: West Hawaii Business Park LLC Proposed Amendment to Change of Zone Ord. 1 -115 Conditions,. Hianokohaku 1 and 2, North Kona, Hawaii Island Tax Map Key: (3) 74-008: 013, 034, 074, 07 -078, 084, 0, 5 & 90-1 q0 West Hawaii Business Park LLC (WHBP LLC) is a wholly owned subsidiary of Lanihau Properties, LLC (LP), Effective November 2, 2018, the County of Hawaii approved change of Zone Ordinance No. 1 -115 which amended the conditions of approval for the 186,733 acres of Industrial-Commercial Mixed (MCX- 0) and 85,7 3 acres of General Industrial (MG-1 a) that were rezoned pursuant to Ordinance No. 04-110. The project area is shown on Exhibit 1 and is known as lest Hawaii Business Park (WH'BP). "a HBP LLC through its Managing Member, Laniihau Properties LLC, is requesting an amendment to Condition J of Ordinance 18-115 and new conditions "C" and "P" and the renumbering of the remaining conditions. More specifically, LP is regluesting that Condition J be amended as follows:. J. Prior to the issuance of a Certificate of Occupancy of ;any structure within the project area, except as provided in Condition K, L, [and] M, N, and O below, Kamanu Street Extension shall be constructed and available for use across the entire project area. The appllicant shall construct Kamanu Street extending from the north property boundary to the south property boundary except as provided in Condition N below, meetings with the aapproval of the Department of Public "' forks. [ . stages,-teRsie.- in " , West Hawaii (Business Park, LLC Request to Amend Ord. No. 18-11 July 15, 2021 Page No. 2 RA 6 lots. in the-event +Lk-4 Karnanw: StFeet GOR64FUGted with County 9F athef , , d sidewalk bulk or Fe the appliGant sha44e4nbj_j.0_ -1 - on Proposed new Conditions are as folllows: N. Prior to the issuance of a Certificate of Occupancy for devello ment within Tax Map_Key TM'K : '7-4- 8: 077 theapplicant. successors or assigns shall construct the following roadway/access improvements: the Kamanu Street Extension from the existirin pavement with TMK. 7-4- 0: 024 to the southern boundar of TMK: 7-4- : 078 to d'edicable standards• and internal access improvements with, a minimum 20-foot averment width meeting with a royal of the Department of Public Works, connecting the terminus of Kanalani 'Street at the northern boundary of Tax Mag Ken 7-4- 01 : 078 to the Kamanu Street right-of-way. 0. Upon transfer of ownershi to the County of (Hawaii development and issuance of a Certificate of Occupancy within TMK; 7-4-0018 090 shall not re uire any improvements pursuant to Condition, J above. Background Information. In February 2004, WHBP was reclassified by the State Land Use Commission (LUC) from Conservation to Urban pursuant to LLIC Docket No, A00-07 . In October 2004„ the area was rezoned for industrial uses pursuant to Ordinance No. 04-110. Since that time, LP has been proceeding with the entitlement and development of WHq BP, including:. West Hawaii Business Park, LLC Request to Amend Ord. No. 18-115 July 15, 2021 Page No. 3 Implementing the required elements of the Archaeological Preservation, Plan which, was approved by the State Historic Preservation Division (SHPD) on September 23, 2008. * Implemented the required elements of the Archaeological Mitigation Plan which was approved by SHPD on Augiust 12, 2003, The Mitigation Report was submitted to SHPD in 2004. * Implementing the required elements of the Burial Treatment Plan which was approved by SHPD on January 20, 2006. * Developed the necessary environmental compliance documents that were required by the LUC conditions, including the Pollution Prevention Plan, Design Guidelines and the W'HBP Covenants, Conditions and Restrictions. * Secured the necessary water units for the full development of WHBP with the completion and dedication, of the Falani Well improvements and land to the County Department of Water Supply (DWS) at a cost of more than $8 million. Dedication of the well to DWS was finallized in July 201� . * Acquired development and access rights for the portions of Kamianu Street Extension within Kaloko Industrial (TA Corporation) and Hion,okohau industrial properties, (Totah/Wilton and McClean). * Completed design of the Kamanu Street Extension improvements between Kaloko, Industrial area and Honokohau industrial area, approved by DPW in January 20,15, * Secured grading permits for the mass grading of building pads and road alignments within a portion of the MCX-20 areas with the material being used for the Queen Kaahum,anu Highway widening project. * Coordinated with the State Department of Transportation to allow the relocation of the main entrance to WHBP to coincide with the existing driveway to the Kaloko-Honokohaul National Historical Park on Queen Kaahumanu Highway via Kimo Drive (South Access Road) as well as the construction of a new access, road within Kaula'ili Street ()North Access Road) with right-in/right-out movements only. In 2018, the County approved the requested amendment to Condition K pursuant to Ordinance No. 18-115, This amendment exempted the development of a 48.4 acre portion of WH!BP (see Exhibit No. 2) from the requirements to construct Kamanu Street extension provided that road improvements were constructed!, including: West Hawaii Business Park, LLC Request to Amend Ord. No. 18-115 July 15, 2021 Page No. 4 Extending Kanalani Street to the South, Access Road (Kimo Drive) and construction: the portions of North Access Road (Kaula'ili Street and South Access, Road (Kimo, Drive) between Kanalani Street and Queen Kaahurnanu Hii,ghway. Since the adoption of Ordinance No. 18-115, LP has undertaken the following activities,: o Secured Final Subdivision Approval (Sub No. 19-01018910) for the 48.4 acre portion of WHBP and remainder lots, (Exhibit No, 3) Entered into a construction contract with Isernoto, Contracting to construct the required road improvements, includling the extension of Kanalani Street to Kimo, Drive and the improvement of the portions of Kaula'ili Street and Kirno Drive between Kanalani Street and Queen Kaahumanu Highway. These improvements are expected to be completed by late 2022. The road sections under construction are shown in Exhibit No. 2. Upon dedication of these road improvements to the County, Final Occupancy permits for buildings within this area can be issued. o Submitted a Dedicated Deed for the 2.596 acre site, identified as TMK: 7-4-0018: 0910, (Parcel 90), to the County of Hawaii for development of a regional sewer pump station (SPS) by the Department of Environmental Management. This SPS is part of the sewer infrastructure necessary to connect the existing sewer lines within Queen Kaahumanu Highway between Hina Lani Street and Kea,lakehe Parkway to the Kealakehe Wastewater Treatment Plant. The acceptance of the Dedication, Deed is currently in process by the Hawaii County Council. While the land has been secured for the Kamanu Street extension right-of-way and final design approved by the County, LP does not have a development schedule for the construction of the road improvements. These improvements are necessary prior to the occupancy of the remainder of WHIP except for quarry related activities allowed under Condition L of Ordinance No. 18-115. Request Since the adoption of Ord. No. 18-115 and securing of Final Subdivision Approval No. 19-001:890 for its iniitiali 48+ acre development area, Lanihau Properties has been approached by a prospective buyer regarding the purchase of a 31.145 acre portion of WHBP. The area under discussion for purchase by this buyer is identified as TM�K: 7-4- 008: 077 (Parcel 77). According to discussions with the prospective buyer, their intent is to establish a single use on the property. Based on this single use and ownership, the prospective buyer West Hlawai,i Business Park, LLC Request to Amend Ord. No. 18-115 July 15, 2021 Page No. 5 would not require the subdivision of the area into smaller lots. Therefore, access is intended to be for internal, driveways connecting to Kanalani Street and: Kamanu Street as required by the County Departments of Public Works and Planning. Parcel 77 is not part of the 48.4 acre area that was approved for development pursuant to Condition J of Ordinance No. 18-118® Accordingly, under the current conditions, the Kamaniu Street extension improvements, required by Condition, J, would need to be completed prior to occupancy of any buildings within this area. In addition,, LP is in the process of dedicating Parcel 90 to the County of Hawaiii for development as a regional sewer pump station as part of DEM's wastewater master plan for Kona. This area is also outside of the 48+ acre area, that can be developed pursuant to Condition J. As in the case of Parcel 77, the IKamanu Street extension improvements must be completed prior to occupancy of any structures, within this area under the current zoning conditions. In order to allow the development of Parcels 77 and 90 without triggering the requirement to construct the Kamanu Street improvements are constructed and available for use prior to occupancy of any structure, LP is requesting an amendment to Condition and new conditions 0 and N to allow occupancy subject to the following requirements. The proposed amendment to Ordinance No. 18-115 conditions of approval include: J, Prior to the issuance of a Certificate of Occupancy of any structure within the project area, except as provided in Condition K, L, [and] M, U, and 0, below, Kamanu Street Extension shall be constructed and available for use across the entire project area. The applicant shall construct Kamanu Street extending from the north property boundary to the south property boundary except as.,provided in Condition IN below, meeting with the approval of the Department of Public + —1- diSGFet'eR the a-14-ant may Genstn---t .1-Manu Stre Works, 6 Extensib.. the fiFSt Of WhiGh --RSiE;t Of PF aFy vehiGH 11,--`nafteF defined aS Foad -1--w—M-11tS GenStFUGte non dediG Mh the safety and d;esig of the DepaAmeflt-ef -itahlp fnr Alhrnu --a tFav-1. GenStIFUGtiG., the fkst stage shall be GOM-pleted PFiGF tG the aniGe of the County's Of-Q fOF any P9Fti--R ...- ,ubjeGt pFeperty, exGe Favided he The seoon" I HFading the r- aGGess te ded'Gable rsidewalks, meetiRg with-t4e, appf-Gv--' --; 'he DepaFt--. f Pub4G-We*6, WhiGh shall be nstFuGted 'ii4 AP GenjunGWR with FiRal Sub-11; proval fOF imir 1,mrv,4c- - aliang the Feadway GR64UGtedi the nt age, e ding aFge l0t; OF FeR4a4ideF lets. lR the event that Kamanu t. GGRMFUGted with Gouflty-4p-athe-F govemmeRt fuRdiRg eF f appliGant shall ded'Gate the K.-d--anu StFeet West Hawaii Business Parr„ LLC bequest to Amend Ord. No. 118-11 b July 15, 2021 Page No. 6 y to the County at no Gest, and the K.-a—a-RU et improvements shall to County de,diGable , we"„ ptteF and sidewalks, PFiGF r. ent, PFiGF to the , lots, OF if reimbuFse �fithin four years of GompletiOR Of rsnonstpd6#e�q. ReimbwFsement of the-Go" Proposed new Conditions are as follows, ICI. Prior to the issuance of a Certificate of Occupancy for development within Tax Map Key TMK . 7-4-008: 077 the applicant. successors or assigns shall construct the following roadwa laccess improvements: the Kamanu Street Extension from the existing pavement with Tlii K: 7-4-020: 024 to the southern boundaLiL of TIVIK: 7-4-008 078 to dedicable standards and internal access im rovements with a minimum 20-foot pavement width imeetinc i with approyal of the De artmeint of Public Works connecting the terminus of Kanalani Street at the northern boundary of Tax Map Ke : 7-4 008: 078 to the Kamanu Street right-of-way,, 0. Upon transfer of ownership to the Counly of Hawaii, development and issuance of a Certificate of Occupancy within TMK: 7-4-008: 090 shall not require.,any improvements pursuaint to Condition d above. If approved, the amendment to Condition J. and proposed Condliltion N. will allow for the development of Parcel 77 without triggering the requirement to fully construct the Kamanu Street improvements across the entire property. At the same time, proposed Condition N would require the construction of a portion of Kamanu Street to coninect to the existing improvements to the south of WHIBP as well as internal access improvements within Parcel 77 meeting with the approval of the Department of Public Works connecting the Kanalani Street improvements to the Kamanu Street iimprovements. The proposed access improvements are shown on Exhibit No. 4. Proposed Condition 0. would exempt DEMI's proposed regional sewer pump station site from the requirement that Kamanu Street improvements be completed and open for use pirior to, occupancy of any structure on the site. This will allow the development of thii site by the County to proceed on its own schedule ,and not one tied) to the Kamianu Street improvements. West Hawaii Business Park, LLC Request to Amend Ord, No�. 18-115 July 15, 2021 Page No�. 7 At the same time, the condition related to requiring the Kamanu Street extension: imipro,vements (Condition J) will retain the requirement that prior to development of any portion of the, remaining areas,', other than, for quarrying and related uses, the unimproved portion of Kamanu Street must be completed and available for use prior to occupancy of any structures. In addition to the amendments to allow the development of Parcels 77 and 90, LP is proposing to delete the section of Condition J that provides the ability to development �Kamianu Street in, phases as well as providingi for alternative funding options for its construction. LP has determined that these options are not viable development alternatives and is therefore requesting that they be deleted from the condition. Justification for requesting amendment: LP believes that the reqluiested amendment to Condition, J and proposed new Conditions N. and 0. of Ordinance 118-1115 are reasoinab le and justified based on the fo I'I lowi ngi 0 Completion of the Ane Keohokalole Highway improvements from Hina Lani Street to Palani Road (completed in 2014) provides regional interconinectivity that was to be provided in part by the Kamanu Street Extension througih WHBP. When the WH13P Change of Zone ordinance was originally approved, there was no road interconnecting Kealakehe Parkway and Hina, Lani Street. Accordingly, the Kamanui Street Extension improvements were envisioned as providing an intra-regional connection. The requirement to construct the Kamanu Street extension improvements was intended to provide a solution to the regional traffic circulation needs in the vicinity of Kaloko Light Industrial and Kealakehe Parkway and not necessarily to address the traffic impacts of West Hawaiii Business Park. Since that time, Ane Keohokalole Highway between Palani Road and Hina Lani Street has been completed pirovidiing the necessary inter-regional road connection,. As such, the improvement of Kamanu Street extension, is no longer necessary to provide a solution to the regional traffic circulation needs. 0 The Queen Kaahumanu widening project, completed in fall 2018, provides improved regional capacity. These improvements include construction of a new signalized intersection at the Kaloko-Hoinokohau National Historical Park entrance. In, addition, the existing driveway to the WHBP quarry area 'I'llese remaining areas exclude the 48 1 acre area allowed For developnient pursuant to Condition K and I Parcels 77 and 90 pursuant to proposed Conditions 0. and 'N. West Hawaii Business Park, LLC Request to Amend Ord. No. 18-115 Juily 15, 2021 Page No. 8 was relocated to this intersection via Kimo Drive (South Access Road) as part of the widening projiect. 0 The provision of traffic s,ignalls at the Queen Kaahumanu Highway/Kimo Drive (South Access Ro�adl) intersection and completion of Kanalanii Street, Kaulaili Street and Kimo Drive improvements provide safe access to tenants and customers, at WHBP ands those transiting through, to get to Kaloko Light Industrial (Home Depot/Costco,). These improvements will allow a second access, to the, area thereby reducing congestion at the Kanalani Street/Hina La,ni Street, the Kamanu Street/Hina Lan i Street and the Queen Kaahumanu H:i:ghway/Hina Lani Street intersections. 0 The existing permitted driveway access from the WHBP Quarry, miauka to Ane Keoh,okalol,e Highway provides an alternative access for tractor trailers and large equipment, thereby avoiding, Queen Kaahumanu Highway, 0 Existing access improvements from the quarry area to the Queen Kaahuma,niu Highway/Kimo Drive (South Access Road) intersection has been constructed by WHBP LLC, allowing its use even, if the Kamanu Street Extension improvements are not fully completed. This driveway will provide direct access to Queen Kaahumianu Highway/Kimo Drive (South Access, Road) signalized intersection from this area, U'pfront improvement requirements of Kamanu Street Extension, are cost prohibitive to effectively market/develop the Parcel 77 by itself. The proposed amendment would provide for the sale/development of this parcel. In this regard, the prospective buyer and LP have entered into an agreement for the acquisition of this property. This condition willl ensure that costs rel'ated to providing access to this area are reasonable and can be provided on the prospective buyer's development schedule, Access improvements to Parcel 77 and portion of Kamanu street will provide an internal connection between Kanalani Street and Kamanu Street providing an alternate route between Hina Lani Street and Kealakehe Parkway, Eliminates the requirement that Kamianiui Street improvements be completed prior to occupancy of the County's regional sewer pump station site. This will allow development of these improvements to proceed on its own schedule. The requirements of Condition L would require the completion of the remainder of the Kamanu Street improvements, before any further West Hawaii Business Park, L LC Request to Amend 0 rd!. N o- 18-115 July 15, 2021 Page No. 9 development/occupancy of the remaining portions of WHBP (except for the quarry related activities). This remaining area includes a total of 85 acres within the MCX zoned lands and all 85 acres of land within the MG zoned area. This asignificant portion of the WHBP, which would then provide financial resources for the construction of the remaining section of the required Kamanu Street Extension improvements. These areas are shown in Exhibit 5, As part of this application, LIP is also requested the deletion, of the portion of Existing Condition J that allows the Kamanu Street extension improvements to be developed in increments, as well as providing alternative fundliing options. LP has explored this possible action and have determined they are not viable options for developing/financing the Kamanu Street improvements. used on this, LP is requesting that these provisions be deleted as part of this request. Consistency of General' Plan The project area is designated as an Industrial Area and! Urban Expansion Area by the, County's General Plan Land Use Pattern, Allocation Guide (LUPAG) map, As part of the review of the original Change of :one application in, 20,04, the Planning Department staff report found that: This proposed development is consistent with the Land Use and Economic elements of the General Plan in that the proposed development will provide additional and expanded employment opportunities for the residents of the area as well as the entire island. The Staff Recommendation further determiined that the project is, consistent with the General Plan's Land Use Pattern Allocation Guide (LUIPAG) map which is a representation of the General Plan's, goals and policies in the guidance of the coordinated growth and development of the County. More specifically, the Staff Report determined that: The proposed change of zone is consistent with the General Plan land use pattern for thiis area of Kona and the appllicable goals, policies and standards of the General Plan. Since the adoption of the WHIBP zoning in 2004, there has been no change to, the General Plan and/or the LUPAG map designation relating to the project site. Accordingly, the proposed development is consistent with the General Plan. Consistency with Kona CDP West Hawaii Business Park, LLC Request to Amend Ord. No. 18-115 July 15, 2021 Page No, 10 The Kona Community, Development (CDP) was adopted by Ordinance, effective September 25, 2008. The purpose of the CDP, is to guide regional development in accordance with the Kona resident's vision for the planning area. The Kona CDP "Official Land Use Map" identifies the project site as part of the Kona Urban Area. A small portion of the WHBP is situated within the Hoinokohaui Vililagle Regional Center. The Kona CDP Transportation Network identifies Kamaniui Street Extension within WHBP as a Major Collector IF oad. It also identifies Kanalani Street Extension the project area as a Minor Collector Road. The improvement of the Kamanul Street extension is required as a condition of Ordinance No. 04-110 while the improvement of the Kanallani Street Extension through the project area is included as part of the overall circulation plan. With respect to the requirements of the Kona CDP, Land Use section 4.2.2 states in part: The Ilegallly binding polices in this section, as defined in 4.0 Goals, Objectives, Policies and Actions, do not override or invalidate existingi zoning. Such legally binding policies, however, shall be implemented with new change of zone, time extensions on existing zoning requiring Couinity Council action, state land use boundary amendments and Special Management Area (S,MA) permits, when applicable. The ' HBP Project is being developed in accordance with the existing zoning that was, established prior to the adoption of the Kona Community Development Plan ("CDP"). While amendments Ordinance No. 18-115 is being proposed, these amendments, do not involve a new change of zone nor a time extension to an existing zonling. Based on the above, the development of the WHBP project is in, accordance with the existing conditions of approval and the proposed amendment Condition J of Ord. No. 18-115, and proposed new conditions, "N" and "0" are consistent with the requirements and intent of the Kona CDP related to existing zoned areas. Chapter 26-2-46 Concurrency Requirements Section 25-2-46 of the Hawaii County Zoning Code established certain cloncurrency requirements for any zoning amendment application related to standards for roads, water supply and civil defense sirens. In compliance with the Zoning Code's concurrency requirements, WHBP contracted with Wilson Okamoto Corporation (WOC) for the preparation of a Traffic Impact Report (TIR), prepared in accordance with the requirement of Hawaii County Code (HCC) §25- West Hawaii Business Park, LLC Request to Amend Ord. No. 18-115 July 15, 2021 Page No. 11 2-46(d). On July 12, 2021, WOC provided a letter confirming that "with the implementation of the recommendations, traffic operations at the study intersections are generally expected to continue operating at levels of service simillar to without project conditions. Therefore, the recommendations and conclusions of the TIR continue to be vapid and implemented". A copy of the WO C letter is included as Exhibit 6. The TIAR determined that with the proposed phased improvements, the proposed development will result in acceptable levels of service as defined by H'CC §25-2-46. WHBP LLC will continue to comply with the TIAR's recommendations for improvements withiin the WHIBP project area as it proceeds with the development of the property. i With respect to water, DWS has determined that there is sufficient water to support the developirnent of the WHIBP. These requirements were imposed as Condition C of Ordinance 04-1101. With respect to a civil defense, siren, Condition 12 of LUC Docket No. AOO-073 requires the installation of a solar powered siren in a central location as determined by the Couinity of Hawaii and State Civil Defense agencies. WHBP LLD will install the siren as required by these agencies. Based on the above, the existing project and proposed amendment is consistent with the Zoning Code Concurrency Requirements as contained in, HCC §25-2-45. Consistency with original determinations by the Planiniinig Department in recommending approval of Ordinance No., 04-1110 In its review of the WHBP's change of Zone request in 2004, the Planning Department's staff report determined the following: 1. The request wild not result in a substantial adverse impact upon the surrounding area. The project area is situated between two existing industrial areas, Kaloko, Industrial Park to the north and Honokohau Industrial area to the southi. The project area includes an existing quarry and related uses. The approval of the indlustrial zoning is consistent with the existing uses within the project site and surrounding areas, 2, All essential utilities are available to the site. Water, electrical, cable and telephone serve is available to the project area. While no sewer service is currently available. However, until: such a connection is provided, tenants withiin WHBP are required to utillize individual wastewater systems (IWS) with an enhanced treatment system. Pursuant to the LUC West Hawaii Business Park, LLC Request to Amend Ord. No. 18-115 July 15, 2021 Page No. 12 conditions of approval, a maximum of 40 IWS are allowed before connection to the County's Kealakehe Wastewater Treatment Plant (WVVTP). The proposed subdivision improvements include "dry" sewer lines which will connect to the County's Kealakehe Wastewater Treatment Plan upon completion of sewer improvements connecting the existing sewer lines within Queen K,aahumanu Highway to the WWTP. 3. The request is not contrary to Chapter 205A, HRS relating to Coastal Zone Management Area, The project site is situated! mauka of Queen Kaahumanu Highway and is not within the County's Special Mlaniagement Area, Accordingly, there will be no impact on, coastal areas or resources,. All archaeological reviews and approvals have been secured for the project area, including: Archaeological Inventory Survey Archaeological Data Recovery Plan Archaeological Preservation Plan Burial Treatment Plan. Based on the biological surveys, there are no endangered species of plants or animals within the project area. Recommended mitigation measures include compliance with, the County's Outdoor Lighting Code to minimize potential impact on endemic seabirds which may overfly the area. Based: on the cultural impact assessment and other related studies, the review of the proposed development determined that the project will have no adverse impact relative to cultural and historical resources in the area. In this regard, the EIS prepared for this project, stated that: No cultural practices or beliefs will be adversely impacted by the project, and no valuable natural, cultural or historical resource wiilll be substantially affected, giiven implementation of mitigation measures to prevent adverse impacts to, culturally important view planes and water quality of culturally important ponds and marine waters, d:ownslope of the project. Proper treatment of historic sites with cultural values will prevent adverse, cumulative impact. The necessary mitigation measures have been included as conditions, of approval of the Land Use Commission Decision and Order and Ordinance 04-110 as amended by Ordinance No. 1 -1 15. No changes to these conditions are proposed. Accordingly, the overall reas,o ns/j ustifi cations for the rezoning of the WHBP are still applicable. West Hawaii Business Park, LLC Request to Amend Ord, No. 18-115 July 15, 2021 Page No. 13 Based on the above, WHBP LLC is requesting your favorable consideration of the proposed amendment to Condition J of Ordinance No. 18-115 and proposed new conditions "N" and "0". Please call me, or our planning consultant, Bill Moore (808.987.7336), if you have any questions on this matter. Sincerely, Riley Smith, P.E. President cc: William, L. Moore Planning, Inc, S 75 .10 " �OPENRij la�t I �g ' L AAa A 5rr mm. �h I A-5a Sa A•5j ^kJ A A. ' 5a I PARCEL 2 6 , J, ENE ALI1 DUSTRIAL G 1 ' 1' '1 Rs-7.5 OP r� 32 1� 310,523.35 air �,�� OPEN E OPEN a OPEN PAP�'EL� � " ""HAWAfl/P'LANE C0ORd71PnfATE ro �� OPEN JO)TO I GRIQ SYSTEM ZONE I" 45 h: IkP •t� ��116 jP y � IOPEN OPEN CYPEOPEN 'CY to hN tL 1a lrt 1 r as a "" .' �y ' mt-la 7- h~ I OPEN 4 q � 4 306,456.91 Nd yl pl I�lu j III OPEN 321"39114 E tl HAWAId PC,ANE GRID,SYSTEM M El - - 0PE.N C C� 'fPATE OPEN "4A�W,AI'1PLAN I kl�3 SYSTEM ONE 1" � I" Hcjnok�)Wu OPEN 0 5.i EY r OPEN ARC EL 1 CIPE" ti OPEN ( TO V OPEN s t� V.t.E251 IN '1 STRIAL-COMMER IAL r ; � � 3 C V-'10 186.733 A AMENDMENT THEE Zu"AlWD uuDE AMENDING SECTION :BMW (NORTH KO,NA ZONE MAP), ARTICLE 8, CHAPTER (ZONM CODE) OF THE HA All COUNTY CONE, BY CHANGING THE DISTRICT CLASSIFICATION" FROM OPEN (0) TO INDUSTRIAL-COMMERCIAL MIXED (MCX..20) AND GENERAL NNrNDus r IAL (M -1 ) AT H N 'JKOHAlU l t, NORTH KONA, N-IAWAII PREPARED BY: PLANNING IN~'11 DEPARTMENT TMENT COUNTY CE HAWAIN rMKC '7-4-8 Par, 13 30 Date,June 712004 Exhibit N (West Hawaii Business Park.LLE 1177) 1� - C m � ? �t .1 " r r4 ClI y I�, u ri w J, rii iiir 1 4 Cr' 6j r � { IN 411 Y 1 w l l r i c , iu rra � as 1 ........ 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HiGH AY PARCEL 77 1 LOT CONCEPT) SCALE: 1*=1 ' I a CrI �JpD FASI'MI,NF r tr Y IIIAC h fdtl�k p N a IN�4 N ti1'1"'�Sz 1 N 1 I'lt�tV'1"Fdf"� 1 I"JIN IV�,YVN(:r BACK I N d,ft fjn,i;,,"i Niri 1 'r t r ',i`1 �i nr 7{'nie s 6 r i..:M1 Sri•"O I I ii;A,4 c,"X S� y pe , rv� ti 71 gj 14, w �N 1 u „ ' fk _ ,nr«:on,-�. �,wY. a,.. .�....._... ... -�e sw�or a-;ara wW. ami WILSON OKAMOTO C 0 IR P 0 R A T 1 0 N .......................................................... M NOVA I OHS PLANNi RS , ENG!N 1023 5-03 July 12, 2021 Mr. Riley W. St-nith, P.E. presi(jell t/C f`10 Lanihau Properties, LLC P.O. Box 9032 Kai]Lja-Kona, I Iawaii 96745 Sulwject: Response to your letter dated July 9. 202 1, regarding West f lawaii Business Park Proposed Amendment to Change cal'Zone Ord. 18-115 Conditions of Approval. I lonokohau I and 2, North Kona, I Iawaii Island Tax Map Key: (3) 7-4-00( 8: 013, 030, 074, 076,-078, 084, 085, and 090-100 Deal- Mr. Smith: ']'his is in response to your subJect letter requesting Our assessment of the anticipated impacts of the proposed amendments to Ordinance No. 18-115 on the findings, recommendations and Conclusions ofthe Traffic Impact Report (TIR) for West Flawaii Business Park (WI-IBP) dated November 2017. In reviewing this request, and based on the analysis and int'ormation provided in the November 2017 Wl II P TIR, we anticipate that the proposed aniendments will not result in as signilicant impact to the assumptions and information of which the analysis in the document was based oil. Furthermore, the proposed West I lawaii Business Park entails a mix of industrial and commercial/retail uses and is expected to be implemented in three phases over a span of 20 years, In conjunction with each phase of development, a network of"new internal roadways is planned to be constructed to provide connectivity, access, distribution, and circulation through and within the protect area. With the implementation of the recorni-nendations, traffic operations at the study intersections are generally expected to continue operating at levels of service similar to those as identified in the WHBP TIR. Therefore, it is expected that the recommendations and general conclusions provided in the WIIBP `HR ShOUld continue to be valid and implemented, 1907 S.Beretania Street,SUIte 400 * HonoUu,Hawaii - 968,26 - (808)946-2277 10235-03 I.,etter to Mr. Riley W. Smith, P.E'. Page 2 JLdy 12, 2021 Should you have any questions, please do not hesitate to contact new at (808) 946-2277. Sincerely, zVe"� Pete G. PaSCLIa, Senior Vice President, Director- 'Trafflic PlIjnI Properties, Lanihau P.O. Bcr�903 t mc;id': rrrr'f �i as raat July 9 202 1 Pete Pascua, I-. ., Vice President and Director Wilson ()kaarnoto Corporation 1907 South Beretania Street, `quite 400 Honolulu, Ilawaii 96826 Subject: West Hawaii Business Park LLC Proposed Amendment to Change of Zone Ord. 18-1 5 Conditions of Approval. Honorkuhau 1 and 2, North Kona, Hawaii 'Island Tax Map Key: (3) 7-4-008: 013,030T,074,076-078,0184, 085, and 090-100 Lanihata Properties (1-aanihau), through its subsidiary, West Hawaii Business, Park, LLC is the owner/developer-of West Hawaii Business Park ('' 'I BP) situated in Fionokohau, North Kona, `]'his 282-nacre development was zoned to allow ]Mixed Commercial (IV CX-20) and General Industrial (MG-la)zoning districts p"ursuant tag Ordinance 04-1 10 in 2004. This Ordinance was subsealarealtly amendment by Ordinance No. 18-11 , effective as of December 4, 2018. s part of the background information supporting the amendment, your firma prepared tlae Supplemental Traffic Impact Analysis for the West I lawaaii Business Park dated June 2018. `since vcaur firm's preparation ofthe supplernentaal analysis to the Traffic impact Report(TIT ) and the adoption ofOrd. No. 18-1 15, 1,anihau has secured final Subdivision Approval No. 1 19-001 90 for its initial 411-acre development area. I aarrihatr Baas tnwtiauted tine constrarctiora caf [lie required improvements, including a portion of Karaalani Street as well as portions of"Kinio Drive (Sor th Access Road) and Kaula."ilia Street (North Access Road) between Queen Kaaa urnanu Highway and 1 analani `street. A reap of"these road improvements is included as l-;xhibit No, 2. At this tinge, Lani aau is proposing to apply I'br an amendment to Condition J of Ordinance No. 1.8-1 15 and creation of new conditions "N" and "0"as follows: J. Prior- to the issuance of a Certificate of Occupancy of any structure within the project area, except as provided in Condition K, T„ [and] 1'wr1, N and ( below, Karnaraaa Street 1;xtension shall be constructed and available for use across the entire protect area. The applicant shall coarstruct. Kanvanu Street extending from tlae north property boundary to the south property boundary except,as provided in Condition N below, meeting with, the approval of the Department of Public Works, Proposed new Conditions are as 116 lows: N. Prior to the issuance of a Certificate of Occupancy for-development within Tax Map Key I"MK : 7-4-008: 077, the applicant. successors or., assigns, shall construct the fol low in roadw°a /access improvements: the Kamanu Street Extension from the existing jjxvv_m_eut within TIT: 7-4,- : 024 to the southern boundary of TMK: 7'-4-008: 078 to, dedicable standards., and, intSmal access improvements within a minimum 20-footgavement width meeting with roval of the Department of"Public Works, connecting- the terminus of Kanglani Street at the northern boundarl of Tax May Key: 7-4-008: 078 to the Ka!,ganu Street rip-lit-of-way. O Upon transfer of ownershig to the Count of Hawaii, develogment and issuance of a Certificate of Occupollcy within Taw'K: 74-00�8: 090 shall.not-l-eguireanj iml2rovements vursuant to Condition.J.above. Since the adoption of Ord.No. 18-115 and securing of Final Subdivision Approval No, 19- 00 189,01 for its initial 484 age I development area, Lanihau Proopet-ties has been approached by ,regarding the purchase of as 31,145 acre Portion of W'HBP. We arMeauR er i",setislsi��to)n"orpti,rchasebyMisi(.IentifiedasTNIK:� 7-4- . O177 (Parcel 77). Accordn', to disciLssions with their intent is to sue�"%this property wMiti in Re"Orese"ea),le Rttuvr"e. ase on I's ow oil t I S S nig'e Ilse amn', owners) p, will not require the subdivision of the,area into s's,111 (Its " T -iveways connecting to, tualler lots. T'lierefore, access is inten eel lo,1w for internal (b' Karialani Street and Karnaim Street as required by the County Depar-tments of Niblic Works and Planning. In addition, Lanibati has agreed to dedicate ']'MKV 74-008: 090 (Parcel 9,01) to the,County of Hawaii for the construction of a regional sewer pump station as part of(lie Department of Eirvirorinienlal Management's sewer collection systems for the Kealakehe Wastewater Treattrient plant, Under the current contfitions,Kanuum,Street extetision wotd:d need to be completed aci'Oss lire entire length of A1HBP park Ixfore occupwicy of any iniprovements,within these properties. The proposed ainendruenis to Ordinarice,No. 18-115 are inlentlet'l to allow the develof"ment of Parcel 90 by the Courity wittiout trigging any fiulher road improvejuents and to allow the development of Parcel 77 with linnted improvements to Karnanu Street. More specifically, the development of Parcel 77 would require the itirprovement of a portion of Kamarm Street to conriect to the existing improvements to the sotith as well as an internal access road with as minimum 20' pavement cojurecting the Kanalani, Street tenninils with the Kama nu Street inlproveirrelrts. As Nve Proceed with the request for lire proposed arnendments, we are seeking your coiiuiietits,f<ass,essiiieiit with respect to the valitlity of the findings, recourniend'allons and conclusions of the Supplemental Traffic Analys,is for the WHBP,with respect to the impacts of the proposed aniendments, Please contact bill Moore, Lanilrau's Planning Consultant, or me if`you have any q:uestions or require any further infornralion in order to provide us with your assessment on this request. Sincerely o r a „.. Miley Smith, President/CE Attachments Exhibit e: bill Moore, William L. Moore Planning Inc. r r. Lanihau Tropeities, LLC T 0. J9 cq 6 633 3r: rrr F.VI 96743 Juily 26, 2021 Zendo Kern, Director County of Hawaii Planning Department 101 Pauahi ,Street" Suite Hilo, Hawaii 0 20- 043 Clear Mr. Kern: Re; West Hawaii Business Park LL Addendum to Proposed Amendment to Change of Zane Ord. 1 -115 Conditions of Apprevali. Honokohau 1 and 2, North Kona, Hawaii Island Tax Map Key;. (3) 7-4-008: 011,3, 030, 074, 076-078, 0184, 085 & 90-100, This Addendum is to supplement West Hawaii Business Park (WHBP), Ct.C°s application to revise Change of Zone Ordinance No, 18-115 by amending Condition J of Ordinance 18-115 and adding new conditions "0" and a"P" ;and the ren,umbering of the remaining conditions. This Addendum,was prepared in response to the request to provide additional information to supplement the application submitted on July 15, 2021 and includes: 1. Original and 20 copies of revised Exhibit 5 which corrects a typographical error in exhibit. 2. Original and 20 copies of revised Exhibit 8 which updates the letter from Wilson Okamoto Corporation to include an engiineer's stamp certifying that the letter was prepared by a Professional Engineer. Original and, 20 copies of a new Exhibit 7 which discusses the archaeological approvals in more detail and includes copies of the State Department of Natural Resource's State Historical Preservation Division's ( HiPI ) approval of the required archaeological plans. This Addendum also provides additional information with respect to WHBP, CCC's ability to construct the Kamianu Street extension improvements as requiired by Condition J as folll+ow's.. WHBP, LLC does not intend to construct the road) improvements in phases or ultilize government financing tools such as Improvement District (ID) or Community Facilities District (CEO) funding as currently allowed by Condition J. Planning Ors. Addendum to West Hawaiii Business Park, LLC Request to Amend Ord. No. 18-115 July 26, 2021 Page No. 2 In, this regard, WHBP,, LLC will utilize proceeds from the sale of subdivided properties within WH�BP to finance the construction of Kamanu Street extension as required by Condition J of Ordinance 18-115, More specificafly, it intends to fund the, portion of Kamanu Street that is identified in proposed new Condition N' from the net proceeds (after taxes) from the sale of Parcel 77, Funding for the remaining portion of Kamanu Street will be from net proceeds of the sale of existing parcels created by SUB No. 19-001890 (Exhibit 3) or from future lots that will created by the subdivision of all or portions of the remaining areas within HBp . Please call me, or our planning consultant, Bill Moore (8 8.987.7 36), if you have any questions on this matter. Sincerely, Riley Smith, P.E. President CC' William L. Moore Planning, Inc. Attachments .......... Proposed Condition N required the construction,and dedication ofthe portion cif"Kam Street extending fi-oni the existing pavement within 'FMK: 7-4-020I .- 024 to the sOLItheni boundary ol"INK: 7- 4-008: 078. Subdivision of thisareas, which includes TMK. 7-4-008: 043, 074,084, O.85 and 100, will be subject to the condition that Kanianu Street be constructed and dedicated to the("OUnty prior to occupancy of any structure as required by Condition.1 of'Ordinance 18-115 or as may be revised by the requested amendment, W'IL,SON O"MOTO C 0 R P 0 R A T 1 0 �N INNOVAIORS , PLANNERS . VNGINFERS 1 O235-03 July 12, 2021 Mn Riley W. Smith, P.E. President/CEO Lanihau Properties, LLC P.O. Box 9032 Kailua-Kona, flawaii 96745 Subject: Response to your letter dated July 9, 202 1, regarding West Hawaii Business Park Proposed Amendment to Change of Zone Ord. 18-115 Conditions of'Approval. Honokohau I and 2,North Kona,Hawaii Island Tax Map Key: ( ) 7-4-008: 01,3, 030, 074, 076- 7'8, 084, 085, and 090—100 Dear Mr. Smith: This is, in response to your subject letter requesting our assessment of the anticipated impacts of the proposed amendments to Ordinance No. 18-115 on the findings, recommendations and conclusions of the Traffic Impact Report, (TIR) for West Ilawail Business Park (WHBP) dated November 2017. In reviewing this request, and based on the analysis and information provided in the,November 2017 WHBP TIR, we anticipate that the proposed amendments will not result in a significant impact to the assumptions and information of which the analysis in the document was based on. Furthermore, the proposed West Hawaii Business Park entails a mix of industrial and commercial/retail uses and is expected to be implemented in three phases over a span of 20 years, In conjunction with each phase of development, a network of new internal roadways is planned to be constructed to provide connectivity, access, distribution, and circulation through and within the project area, With the im plementation. of the recommendations, traffic operations at the study intersections are generally expected to continue operating at levels of service similar to those as identified in the WIJBPTIR, 'T"herefore, it is expected that the recommendations and general conclusions provided in the WHBP TIR should continue to be valid and implemented. E,xhibit 6 (revised 7/26/2021) 1907 S, Beretar"a Street, STAte 400, a Horwltflu, HawaH - 96826 a (808)946-2277' 10235-03 Letter to Mn Riley. W. Smith,P.E. Page 2 July 12, 2021 Should you have any questions, please do not hesitate t contact me at (808) 946-2277, Sincerely, Pete G. Pascua, P.E. Senior Vice President, Director- Traffic f, G-- P 4ZLI,CE�NSED PP/j III PROFESSIONAL ENGINEER No. 7263-C 9 411VA I I AY -,,anuivu (Properiles', o. M),� 90,3 2 1�nhut ,Apna, )/Y 967,ri fllicw; (808)936 71291 0 (,14)8) 321) 8()44 July 9, 2021 Pete Pascua, P'.E., Vice President and Director Wilson Okamoto Corporation 1907 South Beretania Street, Suite 400 Honolulu, Hawaii 96826 Subject: West Hawaii Business Park LLC Proposed Amendment to Change of Zone Ord. 18-115 Conditions, of Approval. Honokohau I and 2, North Kona, Hawaii Island Tax Map Key: (3) 7-4-0tl8: 013, 1130,, 074, 076-078, 084, 08 , and 090-100 Lanihau Properties (Lamhau), through its subsidiary, West Hawaii Business Park, LLC is the owner/developer of West Hawaii Business Park (WI-lBP) situated in FlonokohaLl, North Kona. This 282-acre development was zoned to allow Mixed Commercial (MC X-20)and General Industrial (MG-I a) zoning districts pursuant to Ordinance 04-110 in 2004, This Ordinance was subsequently amendment by Ordinance No. 18-115, effective as of December 4, 2018. As part of the background information supporting the amendment, your firm prepared the Supplemental Traffic Impact Analysis, for the West Hawaii, Business Park dated June 2018, Since Your firm's preparation of the supplemental analysis to the Traffic Impact Report (TfR) and the adoption of Ord. No. 18-115, Lanibau has secured Final Subdivision Approval No. H 9-001890 for its initial 48-acre development area. Larnhau has initiated the construction of the required improvements, including a portion of Kanalani Street as well as portions ofKimo Drive (South Access Road)and. Kaula'ili Street (North Access Road) between Queen Kaahunianu 1-lighway and Kanalani Street. A map of these road improvements is included as Exhibit No. 2. At this time, Lanihau is proposing to apply for an amendment to Condition .1 of Ordinance No, 18-115 and creation of new conditions "N" and "0"as follows: J. Prior to the issuance of a Certificate Of OCCLIPaDCY of any structure within the prqject area, except as provide(] in Condition K., L, [and] M, N, and 0, below, Karnanu Street Extension shall be constructed and available for use across the entire prQject area. The applicant shall construct Kamanu Street extending from the north property boundary to the South property boundary except as, provided in Condition N, below meeting with the approval of the Department of Public Works. Proposed new Conditions are as follows: N. 'Prior to the issuance of a Certificate of Occupancl for development within Tax Map., Key (TMKI: 7-4-00 1177, the applicant. successors or assigns shall construct the following-,roadway/access improvements: the Karnanu Street Extension from the existing pavement within TMK: 7-4-020. 024 to the southern boundan of TMK: 7-4-008: 078 to dedicable standards- and internal access imgroverneuts within a minimurn 20-foot gavement width, meeting with approval of the Department of Public WoM, connectinLy the terminus of Kanalani Street at the northern boundary of Tax Mai) Key: 7'-4-008: 078 to the Kamanu Street right-of-way. 0. Upon transfer of ownership to the County of Hawaii, develoment and issuance of a Certificate of Occupancy within TMK: 74-008: 090 shall not improvements pursuant to Condition J, above. Since the adoption of rd. No. 18-115 and securing of Final Subdivision Approval No. 19- 00 1890 for its initial 48+ acre development ,area, Laiiihau Properties has been approached b,y ,regarding the urchase of a 31.145 acre portion of WHBP. Re Marea"uner RseRssi"onor purchase byMm is identified as,TMK: 7-4-008: 77 (Parcel 77) Accordin to discussions wilh�ml their intent is to establislia, E M" ' "o "I 0'0 "In 'o rese"eae Puture. Basec on this property within the foreseea e , ture. Base, oil t iRS1101ge Rseawir ownersRip will not require the subdivision of the area into M w 'I access veways connecting to o -e Jeref smaller lots, Therefore, access is inten ed to be for internal dri Kanalain Street and Kamanu Street as required by the, County Departments of Public Works ,a nd planning. In addition, Larriliau has agreed to dedicate TMK 7-4-0,08: 090 (Parcel 90) to the County of Hawaii for the construction of a regional sewer pump station as part of the Department of Environmental Managenrent's sewer collection systeni for the Kealakehe Wastewater Treatment Plant, T.Jnder the current conditions, Kanianu Street extension would need to be completed across the entire length of WlIBP park before occupancy of an improvements within these properties. Tlie proposed amendments to Ordinance No. 18-115 are intended to allow the development of Parcel 90 by the County without trigging any ftirther road improvements and to, allow the del7elopIllellt of Parcel 77 with limited improvements to Kanianu,Street, More specifically, the development of Parcel 77 would reqw.re the improvement of a portion of Kanianu Street to connect to the existing improvements to the south as, well as an intemal access road with a ininfinurn 20' pavement colmecting the Kana lain Street tern.iintis with the Kanvulu Street improvements. As we proceed with the request for the proposed amendments, we are seeking your conurients/assessirient with respect to the validity of the findings, recommendations and conclusions of the Suppleniental Traffic Analysis for the WHBP, with respect to the inipacts of the proposed amendments. Please contact Bill Moore, Lanihau"s Planning Consultant, or me if you have any questions or require any further information in order to provide us with your assessment on this request. Sincerely, Riley Smith, President/CE0 Attachments Exhibit 2 C Bill Moore, William L. Moore Planning Inc. Exhibit 7 West Hawaii Business Park., LLB." Amendment to Ordinance 18-115 Chronolo )f Honokohau Traill Arc4A��all Review ate Document Comments Revised AIS Recommend reservation i f Honokohu "FJan 200O ntacsecions o ail in proximity to other sites. These sections shall be identified in the Final Preservation —V12-812106-F- e`-ttcr Approved Revised AIS, Acknowledged there was a good faith effort to consult on the AIS including with Na Ala Hele Program. -Jan 1_063—-Tnte—r�t—� Provided that an intact section of I lonokohau Trail will be preserved Preservation Plan with one possible road bisection. Attachment 3 8/12/2.003 SIiDP Accepted Interim Preservation Plan(Attachine.nL� 7/14/2006 Na Ala Hele Memo from Doris Moana,Rowland to Curt Cottrell,Na Ala Hele Program Manager regarding disposition of trails within WHBP, Findings/conclusion with respect to HonokohauTrail, included: 1, 1888 government map delineated,a inauka-makai trail through the subject lands, However,due to lack of detail and the scale of the map,it is not possible to determine the exact location of the trail on current maps, 2, AN identified remnants of the manka-makai trail that runs intermittently across the central portion of the project. 3, Upon discovery of the trail, Lanihau contact Na Ala Hele. 4, Na Ala Ilele responded"since the State sold sections of the Mamalaboa trail, Na Ala Hele was not interested in the maUka- makai remnants. 5. The mauka-makai trail qualifies,as being subject to the Highways Act of'1892. 6, In 2001,Na Ala Hele determined that the trail did not serve a Na Ala Hele programmatic purpose or had linear recreation or access value due to the fact that the government had relinquished its interest in the Mamalahoa Trail that this feature had once connected to. Attachment 7/24/2006 Lanihau In an email to Curt Cottrell,Na Ala Hele Program Manager, Lanihau will proceed with the development of the WIMP, including preservation of portions of Marrialahoa Trail and Honokohau "frail as approved by SHPD as well as continuing of current quarry operation to,the southerly end of the existing M61 zoned area. Attachment ...... Sept 2008 Final Preservation A portion of the Honokollau Trail can be breached for the Plan construction of Kanalani Street provided consultation with SHPD will be carried out regarding data recovery requirements, FPP included summary of consultations including: The Na Ala Hele Statewide Trails and Access Proggarri was consulted regarding the trail components,and the response indicated that it has no interest in the Manialahoa'Frail (Na Ala Hele letter of June 7, 2001, SHPD letter of August 28,2001) and no interest in the rnauka-makai trail (Site 18099) (Na Ala Hele letter of July 14, 2006). .,,,—,----(Attachrnent7) ............ 9/23/2008 SI,lPD !,ioj1.f!an Attachment ,§1 AN ARCHAEOLOGICAL NTORY SURVEY OF AN APPROXndATELY -ACRE SUBJECT PARCEL NORTH KONA DISTRICT, ISL4ND OF HA. Al (TMR 4 : p or. 5, 13, 30,86) VOLUME I,BACKGROUND STUDIES AND SITE ANALYSES D by Jennifer J. Robins, B.A. Joy Collins, BA Rodney Caogacdi,B:A Ingrid Carimon, B.A. Ian Masterson Victoria S. Creed,Ph.D. Douglas,F. Borthwick, B.A. and HaRott H. Hammatt,Ph.D. 4 Prepared for LANUiAU`P"TNERS L.P. CULTURAL SURVEYS HAWAIJ A RIL 1993 Revised June 199 Revised March 1998 8 Revised January 2000 lAttachment L Hcnokohau AIS January 20 o 11 Preservation of other sites with habitation components laelouuv 0 ft., a"rn.s.l" include four complexes centered around lava tubes. The lava tubes contain burials but also evidence use as habitation features. Sites 160 and 18116 also have surface components,including habitation, agricultural and recreational(i.e..papamd)functional types. Thus,these preserve sites include a range of functional sitelfeature types not just burials, as part of 1 their preservation in the low (lower elevation)portion of the project area. All of the burial sites in the project area are recommended for preservation and should be protected from any potential adverse impact. Two of the burial cave sites (sites 50- 0-27- 18116 and 50-10- f1-18185) also include habitation components and petroglyphs. Final treatment of the burial sites and any rather inadvertent burial finds on the property will be ] reviewed and ultimately determined by the Hawaii Island Burial Council. This work will. be done in accordance with a Burial Treatment Plan, which will be reviewed and subject to approval by the Department of Land and Natural resources(D ) and the Hawaii Burial Council. Portions of two mauha-makai ahupua a trails(stes 50-10-27/ -13006 and »1:8099)and a portion of the Mimalahoa Trail( 0-10- 7-il2)are recommended for p rvation,,Both vrntnu k a-n .cakui trails have sections which are excellent examples of trails that once extended between the coastal and upland settlements ofl onoli3hau l and 11 ahuapua'a, However,both mauka-makai trails are in fair to poor condition because they aroin a state of disrepair and have been breached in numerous places by roaming cattle, pasture arxn provements, possible alteration by Japanese homesteadera and major construction near Queen Ka'ahumanu Highway. The parts of'these trails that remain in fair condition are in the upland part of the project area and no longer are contiguous with parts of the trail at used to exist at lower elevations. The Minialaboa Trail is a non-traditional 19t n-centunry trail altered for use as a jeep trail during the 20th century. Similar to the:condition of the two mauka-utahai tr "' in the project area, the Mimalahoa Trail has,been breached along its course in the Kekaha region, as well as along its course In the present study arm In the project area the major land, changes that have altered or obliterated portions, of the trail include the Queen. Ka'ahurnanu Highway hway and a culvert underpass, additionally in Honokohan and adjacent al he, the Keal'alrehe Parkway and Queen Ka'ahumaziu, interchange, a Chevron gas station, and the Hornrikdhau Industrial Park and accem road have also obliterated the trail,. e Min alaboa Trail section in the present sturdy area (alw referred to as the"" "s Highway") is also privately owned by Lanihau.partners(see Appendix C). The realignment of the Mfimalahos trail would need to take into account continued major construction activities within H nolohau, Kealakehe and Kealuolu. Recently, data. recovery work(Hammatt, Shideler and Prerinsluy 1 )related to the loss of 200:it.,,on the unalahoa Trail within Honokahau was undertaken in,advance oft the,widening of Queen °ahurnanu Highway and the p sently-under-eonstruuctioxn Kaloko-Honokabau National Historic park entrance, thus, another major breach in the trail within Honokobau, Based on the major breaches within d adjacent to the project area, the poor remnant 151 l" a aRahoa Trail is Site 0 l onolrohau"Frail is Site 180991 condition of the trail, and private ownership of the trail within the project area, anion of only a representative sample appears warranted. The two upland-seaward trails,-190I19 and .18999 have large sections which are no longer extant., Site-13006 has been obliterated below the approximately 3U9,A. a.m.e.l"due, at least in part'to the development of TMKs 7 8:3 ,33, and 29.Therefore,no access to the coastal area is envisioned. Site -18099 has a section at approximately the 75-160 ft. a. ,s.l, range and then there is a large gap(ca.4000 lt.)to approximately the 400 tit. elevation. ery for the two trails are to have l of their site , us g Similar l site-�1300 no ma l i s is l far Site-1 preservation p using well- preserved sections of the trails along with an interpretive program as appropriate. Based on the poor structural integrity of theme three trails ( - ,-18099 and 2),it is suggested that only certain,intact sections be preserved,specifically those trail ions,in proximity to other preserved Hawaiian sites.The decision as to which. sections provide the greatest degree of interpretative pomfibilities and thus,warrant preservation treatment will be identified during future work in the prcdect.area and presented in the Preservation Plan. Kuloko-HonoM"u Na#,o Park The archaeological resources within the prcdect area document traditional Hawaiian land use aver good portion of the landscapes of the two ahupua"a and,cohesively, contribute to better understanding of the ahup, a'a as an integrated entity. Thus„we suggest that coordination between the Lanihau Partners ( ) and the Kaloko-Hanok6hau National OneHistoric Park be step may be to set up an exhibit at the National Park w f a the artifacts collected from this maacka project area,in addition to those artifacts collected from,within the makai National Park area of Honok6hau I and II can be displa Long-term storage and curation ofnon 'bit quality materials could also be addressed with the rational Park's staff 152 �II OF KAWNMMN a 0 R43i4 47F'4.Niit7 Al�d IWJI,TiNNq;a,el �. LNMYMf .NMMNNCMKA Li U STATE OF HAWAll DEPARTMENT of LAND AND NATURAL RESOURCES AQUATMC NMES'CrN y WA'TNMNMI MD OCW M MIMATNOM ,P REI HITMC PKSOVATIO N DrVISION, COMMISMON ON WATM RESOMCE KadkuNrivw+a Buldkq,Acorn S66 WAMMEMiXT 801 KNMMnNadaN SOLAAWNNd NwcaMN VA'"ON AND NMMOURM Kay>*W,Hw 'd MMN EMP OAM�NT REF:.., -A aw�Na COWVFYANMG'k WUFG FMNaM"MC" Nam......VA"n0N LMD AUG � . Douglas Borthwick LOG NO: 28061 Cultural Surveys Hawaii DOC NO: 010 R 4 33 N. Kalaheo Avenue :Kailua, l fawaii 96734 Dear Mi. Borthwick: SUBJECT: Final Approval ofArchaeological 1"uventnry Survey for Honokobsku 803 Acre Parcel(.Lanihau Partners), Honokohau, North Kona,Hawaii 7-4-8- por. S, 13 30 36 th 1' This letter responds to your letter of August 8, 2,0�01 (received August 1 and your fax of August 21, which submitted consultation docu.Tnentation on this survey regarding the proposed mitigation pleasures. We also called Stan Bond, the Archaeologist at l .aloko-1 onokohau park and spoke with him about National Park Service concerns, as you noted that the National Park Service had not responded to your consultation request, This consultation was requested in our letter of February 12, 2001 (Log. , ,972;Doe: 0 1 W2RC 1 . Your documentation indicates a good faith effort for consultation. Only two individuals responded. Mr. Rodney Oshiro of DLlR,'s Na Ala Hele program indicated that his program had no interest in the sections of the Marnalahaa Trail. Mr. David toy ('resident of Na Kokua alako-Honcakohau) expressed some concerns about possible threats to groundwater pollution, presumably that would affect the ponds and ocean within the rational Park seaward of the project area. Our conversations with Mr, Stan Bond indicated that the Park. Service also had these groundwater pollution concerns, but he found the ntitigation proposals for historic sites within the project area acceptable, with, some concerns about the Marmalahoa Trail. He saw the most important part of this trail being the intact portions from the park to:Keahole Airport.. Given these comments, we can now agree with the mitigation proposals;for the significant historic sites within the project area: Attach menf 2 1 8 sites needed no mitigation work and no further protection, because they were significant solely for their information content and a reasonable artd adequate amount of this information was record e recovered during the survey, 17 historic sites are to be preserved. These include all the burial sites, sections of the two inland- heading trails, the existing part of the l larnalahoa Tail.., the ? religious structures, and 2 excellent examples of permanent house sites, one multi-acre piece of land will preserve many ofthese sites within a small landscape as a historic preserve. Most of these sites will be preserved with the intent of public interpretation. Our office"s larger goals for interpretive preservation in northern Kona supports interpretation linked to the Kaloko-Honokohau ahupua"a settlement patterns - with the park lands and the sites in this and other private•parcels as an interpretive package, We believe that the oko-Honokohau rational Historic Park star" should have input on the interpretive planning and perhaps Haight be able to help in site management, 169 historic sites (as itemized ed in,Table 22 of the report) still contain significant inffonrnation on the past and merit archaeological data recovery prior to their destruction. Again, when the data recovery plan: is prepared„ please coordinate with the oko-Honokohau National Historic lark staff~"as wren as our office on major research, questions meriting steady and the possibility of archiving archaeological materials (food remains, broken tools, soil samples, etc.) at Kaloko- onokohaua. Tote: The proposed burial treatments (preservation) will need to be submitted to the Hawaii island Burial Council for vote (if this has not already been done), please contact our Burials Program, Mr. Kakiana Marked (587-0008),, for information that the Council will need and to be placed on their agenda. Last clearly there is, the concern that developments inland of the National I istoric pa k could pollute the groundwater and adversely affect the signifl=t historic sites in the park (such as fishponds). When the development applications are submitted to the County permitting agencies, these impacts will need to be addressed and acceptable mitigation measures developed, These again are the mayor concerns raised by the park Service and Mr. Roy, ,And they have recently been raised for a Land 'false Commission petition far a new phase of the Kaloko industrial Park. We agree that these are important concerns, The next steps in the historic preservation review process will be the preparation of the detailed preservation plaza and the data recovery plan. These can be attached as conditions to approved development permits, with the typical clause that our office needs to approve these plans and needs to verify in writing to the County that they are acceptably executed — prior to any land alteration, 3 If you have any questions, please feel free to contact our office. Ross Gordy, Dur Branch Chief for Archaeology (692-8025), or Patr ck McCoy, our Hawaii Island Archaeologist (692-8029) are our contacts for this project. Aloha, GILBERT COLONtA,-AGARAN State 9storic Preservation Officer RC:amok c. David Roy, Na Kokua Kalako-Honok�ohau [78-6822 Kuakini ffigh,way, Kailua Kona, R. 967401 Stan Bond, Kaloko-Honckohau National Historic Park Pl Dept., County of Hawaii James Greenwell, Lanihau Properties [fax 732,-2788] Ka'iana Markel], DLNR Burials Program INTERIM ARCHAEOLOGICAL PRESERVATION PLAN l' oTth Kona, Hari International Archaeological Research Institute, Inc, January2003, Attachment Interim-—Preservation Ran Janutary 2003 INTERFRE,TIVE SITE COMPLEX The mauk4�maWi Sul (Site 1 09 ) intersmis theMamalabo4 Trail'apar thv'pooglyph Site 18081 set aside, fdr � u"61 „" loidi a l to,the ,off" $) d t �11 ) e ry tin ^,, ,, � ,� ,ttt t �lo t pt ion; pr The SHPD draft HAR ( 1 µ "77-4) require details (suds as a buffer zone) for each preservation site. 14 the present ewe, because the non-burial preservation sites in the project area forum a cgroplcx, the complex rather than individual sites is treated as the preservation unit for which planning details(including one)are provided. "gable 3. Sites,in the EMosed 12!E retive f mMlex. Otte Daacrl urea* Fu�ancdoi Cate Reiaua rrdawtion coati „ l"tail,lttarla e,voiabl "rt ll t at a 18081 Pew 1 a 8 lic 1'movation t -iQ,'..,,. ., vattatnl , 4titrrra "1'"iwttl tl tea, 1811 8 Tearace with low wall,and leaved area Habitation, Data mcovery Change COM90TY to pm rvadoz actat �. 18100 Ahu MATIker No further wvvrk, care,2!!qLory to,presavation 18188 Lava tube Habitation, bats recovery* Excavation fbr data recovery and am i rive infimation �`- 18189i T rrams 1lalrWtatiu w Data mcc'wW Excavation for data,reeovwy and .. _ nueut' lta tivvc" ititata *See discvasion of these sites in the interpretive planning .on,Wow. Sm I RSCRIP ICION KALE IN INTERPRETIVE',"ram ;OMP'1 E X DEVELOPMENT' The following are the descriptions of each site all the interpretive complex, including proposed sections of each site to be preserved and the general contribution of the site 'to the in-terpretive conanplex The Ixtterpretive Plarx,below,pzxrvides nnore detail on site contri'buticsns. SitiG 00002 Site ;t tho Mlmislah,94 T A ri " ally crossed thesouthwestern edge of Ole project The i ve; � 0' -d c �tt��"�ru �� htt eo'bl-lb � � �� .� �(1' � ft)� �dewband `tt � Ir ��d t field,�� 1 � 1 ' how''*4 tl � � w�� If tie trl Wt survey(see Wais 141 '�+ htau tt tea d�tf the project destroyed,by modern`de, t d Cc`Fl 'l a „ C un 1 site,18081 Site 18,081 is a set of petroglyphs on the nearly vertical sides of two pahochoeou1mpc The petro lyphs were not completely drawn during the inventory survey (see Robins et al. fllll JI1.1). Field inspection indicated that one of the figures is a "square head"' form that is found in the coastal Kaloko-Hon. ffiav area (cf: Stasack and Stasack fllll:llmmll)w as well as upland in! Bon k5hau (Robins et aL 000:11:2033), and thus provides an,element to consider in the interpretation relating to the overall a huapuua'a. The Petro lyphs will be recorded,preserved,and included in the interpretation, There are also newly identified petrolyphs in'the area that will be,recorded and included in the interpretation(see Site 18099,below) site 19098 Site 1809 is a. set of two features associated with the mauka-makai trail, Site 18099. Onc feature is a paved area and the other is an.enclosure(Robins et al. -11, 0)1. During the inventory survey the site was,sketched and tested, The site,presently categorized for data recovery,is recommended for preservation rather than data recovery, to be included as part of the interpretive complex. It will be recorded to provide the details necessary for interpretation and long-term preservation, but no additional excavation will be conducted under the data, recovery or preservation plans, except for completion of excavation of a hearth dua was tested during We inventory survey. site 18099 Site 18099 is a kerbstone trail that nins rnauka-maakar. As described in the inventory survey (Robins 000:11: ), it runs,"intermittently across the central portion'of the survey area (that is,the present project area, as shown in Fig. ). Two trail sections connecting 18099 with upland areas"am probably no longer intact—since neither were observed" (foams wit al. 000;L86). Further, "it is usually characterized by a pebble pavement bound by parallel cobble and boulder alignments. .[with] an average width of 3.3 m""(Robins at al. 000:11:2 ). It was not mapped in detail during the survey, but current Meld inspection indicates, t it is in variable condition, with extensive bulldozing, along the northern side(see Figs. 7 and g)• VI l ,. 3 No Ala 11cle has itulicaled that it has aao interest in Ws trail(sec Consultation,Wow). l LJ �tedm Preservation Plateanuary 2003 has sho t, off" a "l will be de any de °. d(Witb and possible rood,,corridor'bisoction)�i WOU01ed,in ON interprdtatioit„ Site 181001 Site 18100 is an ahu that "likely served as a marker for Site 18099 trail" (Robins et al.,. 000.11: 3). The site is categorized as requiring no further work, but it is recommended for preservation as part of the interpretive complex because of its association with the trail. Site 18188. Site 18I S is a Habitation cave with a disturbed cultural deposit(Robins et al. 00:11:1.31). 1t is categorised as a data recovery site, and data recovery excavation will be conducted t will provide information for use in development of the interpretive complex. Site 18189 Site 18189 is a set of three small habitation terraces (robins et al. 00011:134). It is categorized as a data recovery site, and data.recovery excavation will be conducted that will provide information for use in development of the interpretive complex. mm Newly Identified Petrroglyplas Recent field inspection indicates that there are previously unrecorded petro lyphs on the paho hoe flats near the junction of the mauka-r ak-ai trail (Site 18099) and the Mimalahoa trail. These petroglyphs fall within the proposed interpretive complex and will be recorded,Preserved,and. included in the interpretation. BUFFER ZCi1tilES The buffers for the interpretive complex are shown in Figure 10, but in any case shall he a anini:i ium of40 feet from the edge of any feature. Per HAR§13- 77- ( ), "Buffer zones shall be marked on overall project maps,and physical markers shall be placed on the ground dehmiting,the bu `ers," Specific actions are described under Short-Term Protection Measures. SHO�RT-TERM PROTECTION MEASURES 1. has part of the planning process(acid before any land-altering activities), all corners of the interpretive complex (drat is,the buffer boundary as agreed upon with the SHPD)will be identified by an archaeologist in the field. These comers are tentatively shown in.Figure 10 as points where the boundary turns. 16 Background: INTERPRETIVE CONTLEX concept road and lot layout (buffer litre:mauka cud at planmcd Road C Rood G r 'w �. 1A � 111.Lipper focus. 1.4 Upper segment of trail,site 18099 a„ 1.4 AI 111. Act- I A D .0 1 59 a r A- to A.F Amp t A 1.4 AM to AM � fl. Centralf " Sites 1, 09 , 1 1 and cent segment of trail site 18099 ROAD V .Lower focus: Baas 18081, 1 188,. 18189,a section of kry.a. A 27 Ate. �„ Trail(00002), ° lower segment nt trail site 18099, and newly identified petroglyphs, Trail 19099 Mfim rlahoa Trail INTERPRETIVE COMPLEX (buffer line:makai end at 1 a°ah a Hwy Fire 10 Laerpretive site complex, with proposed buffer (shown as the complex boundary) and proposed alterad on& Note that the final bier will depend on agreement b . SHFD as to buffer width, and on final detailed mapping of the location of each preservation site within the eompI 'WHBP Inters Preservation Plan 1AR 1 - Janu4a 2003 fy PEWTIVOM LUMUNGLE fA!" {�kMM4l�Ma ' NPVTY GOMCM.u,NQ VAnd AL STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES M1510MC PRESERVAnomOMSION KAnHHEWA BUWM,ROOM"S SDI KAM0K1LA BOULE PA August 12, 2003 KAPOMa,MMI ? J. Stephen AffiensPh.D. 1ARR 209 Young Stivat LOG NO:2003.1503 Honolulu, Hawaii 96926 DOC NO: 0308EJ16 Dear Dr, Athenc SUBJECT', Chapter 6 Historic Preservation ear-Submittal of'bterim ArchmedeOW Preservation Plan for an Area in the Ahapararat""a of l :saaeaokohan I and III Kenn Disbict,Island of Rawab(Previously :7-4 -.13 [Portion)and 30 Umierpiall Raid**) Ask% Thank you for your response sponse&ded January 14,2003 to our early comments for revisions to the preservation plan for Lanihaan Parftm Hond1ohau I,a11;11. You pmvkted a revised,lam ArchwokocM Phuervadonn r arm Am in Ow A `a of Bm I andff,Kom Di et, Island of Hawii OWWbusly 7 .1 ,[Pardon] 30 Undersoft, on), Tuggle&Tuggle January 2003, on Jammy 14 2003. The revised plan adequately addresses our earlier oarntnents and we will place the revised interirn plan in our library where it will be available for publie use. Should you have any questions, please feel free to call Pat y at 69 029. * ' P. Holly McMdowney, Acting Administator State Historic Preservation Division EJ:akAmok 9 a Attachrnent A ALA HELE flaww'aafi Trail & Access System lul'ly 14, 2006 Ref: H06:03 i-lonokohau Is' T01 Curt Cottrell, Program Manager FROM: Doris Moana Rowland, Abstractor bnK SUBJECT. Disposition of Trails through Tax Map Key. 7-4-8-18 and 30 being land situate at Honokohau 1 and Honokohaau ��owned by Lanlhau Partners Research has been completed In response to a request for Information regarding any trails that may pass through the Wait Hawaii Business Park ( HIBP) that was formerly known as the Keloko-l-lonokohaau Business mark. The 'w!WHBP Is situate within two ahupuaa known as Honokohau tat(l-Ionokohau Nul—parcel 13) and Honokohaau 2nd Honokohau Ikl--Parcel g). Party reaps disclose two trails that passed through the subject lands:the Mamalahoa trail (also known as the "King"s Highway") and a mauka-makal trail that began In Ka.loko maauka and terminated at the Almakapaa fishpond. Records disclose the government released Its Interest In portions of both trails that passed through the WHBP. This memorandum will explain how the government released its Interest In the trails. TH E M OA JB6 lL a w t__ '" a l r The Mamalahoa Trall Is a rugged lava road bulit between 1836 and 1855 and is still visible throughout many areas of North Kona. This trail ran parallel to the coastline and was one of the main government roads. Today sections of the trail have been covered over by the present Queen Kaahumanu Highway, In 1968 the Mate of Hawaii determined portions of the trail that crossed the subject lands were abandoned and no longer required for road purposes. The State sold those sections to Laralhau Corporation In 1878 pursuant to Section 171-52, Hawaii Revised Statutes. ,ttaachmeaat Mvision of Forestry&w ildlal'e , DepL of Land&Natural'!Resource , iisi Punchbowl strpat,Room 224 0 Honoluilu,Hawatli 916813 HO0':0 'Honokohau,taw and THE N9 -MAIAI T IL A government map prepared In 1888 delineated a rnauka-makal trail through the subject lands, however due to a lack of detail and the scale of the map It Is not possible to determine the exact location of the trail on current maps. This Is the only map found that delineates a trail running In a mauka-makal direction from Kaloko rnauka to the Almakapaa Fishpond In Honokohau 'Is'. An archaeological Inventory,survey completed In 2001 for Lanlhaui properties Identified remnants of the mauka-makal trail as a kerbstone trail that runs intermittently across the central portion of the project. Upon discovery of the trail remnants, representatives of Lanlhau Properties contacted' Rodney Oshlro for his comments. Rodney"s reply Indicated that since the State sold sections of the Mamalahoa trail, Na Ala Hele was not Interested In the mauka-rnakal remnants. A copy of Rodney"s reply is attached for your reference. The rnauka-makal trail qualifies as being subject to the Highways Act of 1892, ,and therefore eligible to be claimed by the Mate. However, In 20011 Mr. Oshlro determined that the trail did not serve a Na Ala Hele programmatic purpose, or had linear recreation or access value. This was due to the fact that the government had previously relinquished Its Interest In the Marnalahoa Trail that this feature had once connected to, Nonetheless, those remnants and other sites have been slated for preservation and will be Included as part of an interpretive complex. According to ,Julie Taomla of the Kona. Branch of the State Historic Preservation Division, the preservation plan has been reviewed and approved, c:IrvIng Kawashima,NA Bob MlY aaeto,Devre@opment strategies James Gre6nwell F jarnes S.Greenwell,ftreeffwall@1an1hau.netj rat Monday, July 24,201 6:40 PM To; Curt Co I( u .net) Cc: Bob Mlya (IBob daa-hawali orn) subject- No Ala Hole Deterrilination of Non-Intarest in Trails In 7-4-08:13 and 30 Aftichimentaf No Ala Hale July"14-061-tr.pdf Aloha Curt, i approdate your having Wt Bob Miyasato a copy of the attached memo dated July 14,2006 from Doris MwMoa►nau Rowland qua you. Based upon the conclusions draWn in that memo,we will proceed as previously planned with the development of our ptqed on subjectTM ICs 7- -t18:13 and 30.. S " lyl"On pars l 13.this will,Include the preservation of a representative secWn of both the Mamelahoa Trail and the mauka i traff within a Trail Preservation Corridor as Wre6dy approved by SHPD. it also Includes our continuing our current quarrying,operalion lo the so Orly end of the oli MG zoned area as contemplated under our toning apoication. y g r�! a appropriate disposition of ffum trails so that we anm fw wr with our assistance, rotrlra sand clarifying Regards, Am my o vim foubd in ffib outgobg memp MwW by AVG Frw Editim. Varsim 7.1.394/Vinis Dwabase: 68.10. 396-Mease Data,VNM06 V Attachment 8/17/2006 -- FINAL , The Hors 6hau Historic Trail: An Archaeological Preservation Plan for Complex of Sites in the Ahu ua'a of Kong. District, Island of H ai' (TMK 74-08. 13, 30, 74, 76, 77,,78, AND 7'9 FORMERLY TMK.4-08:13 AND 7- - : 0 Prepared by: H. David Tuggle MJ Tomonari-Tuggle West Hcmah Business dark„ LLC Attachment 7 Final preservation Plan S temper 2008 Hartalr6hau 1 and 11, Kona District, Island of`Hawai nl (Previously Try 7-4-8:13 [portion]and'30, The January 2003 report was accepted as the lrtlerirrr preservation Plan by SHM(letter of August 12, 2003, from R Holly Mc ldowney, Acting Administrator, ' hlPD to J. Stephen Athens, 1A,RI1, Log,, No. 2003.1503, Doc. No. 0308 31 ), The SHPD-accepted Inter en Preservation Plan includes: • the sites to be preserved (Sites 00002-portion (Milmalahoa Trail], 180811, 18098, 180 - portion, 18100, 1 8188,and 18199)(Fig, 3;Appendix A,Category 'lv' • the site interpretive preservation treatment • the site protective:buffers • interim preservation plans • general long-term preservation plans • specification for completion of final interpretive plan. The present draft Final Archaeological Preservation Plan is a revision and update of the Interim Preservation vation Plan (per specifications in Tuggle and Tomonari-Tuggle 2003b:18), The changes include- • incorporation of new archaeological information. After the lrtrerim Archaeological P"reWservation Plan was accepted by SHPD,data collection was conducted at some of the sites in the preservation area; information from this work has been incorporated into the present plan. This work was reported i in Tuggle(2004), which was approved by 8l#PD, in 2004; a final version of this report was subsequently submitted,as Tuggle(2006). • details of long-term preservation and interpretation(the final interpretive plan) • updating ofrevis'ions of various details reflecting change of trail conditions,as noted in text, The preparers of the preservation plan specify that they meet the professional requirements required in HAR 13-2' 1-3. Completion of Historic Preservation Review Process, The acceptance of this Final Preservation Plan and completion of appropriate actions of the plan are bel'ievecd to constitute the final steps of the historic preservation and umiligation process for "4tl'HBP, as identified under HAR§13-275-9 and 10, and request to this effect will be initiated at the appropriate thne 4 w Final preservation plait September fl� The entrance to the Site 18188 cave is a collapsed section of blister roof, it has one small main chamber with usable floor space of about 15 soy m. However, this is not a comfortable living area; headroom is limited,there is no air flow,and cracks in the cave roof allow water to drips through when it rains. The cave had a cultural deposit, but most of it has been destroyed by looters, presurnably searching for fishhooks and adzes. There are two backdirt piles outside the cave and others on the floor of the cave,. Fseavation for the mitigation plan identified a section of intact deposit(ca 6 to 10 cm thick), indicating that there had been a dense, but shallow midden with a few pre-contact artifacts, Site 18189 was trapped and test excavated as part of the mitigation plan research. It is a complicated set of ten contiguous features built on the edge of a small depression in the pahoehoe. This is in effect a single architectural unit created by filling in cracks in the pahoehoe, building low retaining walls, and paving to form level areas. The excavations indicated that these were single phase construction and that the activity associated with them was limited. A small amount of midden and a few pre-contact artifacts were located(Appendix C- ), The location appears to be a short-terttt activity area, probably serving as a way-point along the 19th century trail, However, there is no evidence from the set of features that they were used in associated with the adjacent trail. There are no post-contact,artifacts or other evidence of l th/early 0th century use,and the two,radiocarbon dates obtained from chard in the cave are consistent with a pre-contact occupation (Appendix C- , The conclusion is that the activity in this area was associated with the intersection of the two nearby trails (18099, mauka-makal trail, and 00,002, Mamalahoa Trail) before they were historically modified from pre-contact trails to 1 thlearly 20th century horse trails. Given the proximity of the petroglyphs of Site 18081,it is probable that they are associated with the activity area,marking it as an important pre-contact trail junction. ap SITE CLUSTER (LowER, MIDDLE,AND UPPER) 17he farms of the preservation complex is the flonok6h,au Historic"frail. Associated with the p, trail sure a number of sites that are part of the preserved area and are grouped into clusters for i management and interpretive purposes(see Table l and Fig.3 The Lower Cluster consists of Stites 0000 , 18081 18188,and 18189.. The Middle Muster consists of sites 18098 and 18100Q. The Upper Cluster is the inauka end of the onoltohawu Historic Trail and includes features of data recovery site 181,12 that are all within the preservation buffer zone. ADJACENT SITES (NOT DART OF THE HONOKO Au HISTORIC TRAIL COMPLEX) 1 At the a aitka end of the trail are two burial sites(18116 and 1811"7)that are protected within an area;that is designated as the Cultural Preservation Area(see Fig. ), Within this protected area are some segments of data recovery Site 1811 (Tuggle 21 . 1 a w i --w - Plan Final Preservation � 2 ember tltllt 1 0 As indicated under lotag-term,protection measures(tee below),the. permanent markers will be left in place, and the edge of the buffer zone will also be marked by landscaping and bordering elements(see above). l SHORT-TERM(INT RI1 1 PROTECTION MEASURES Per HA R 1 - 77- ( ) and 1 - 77-a, short-term interim protection measures will be implemented protect n protection re (as preservation owned bites and buffer zones during construction activities. The a Shpl ,letter of August 12, 003)are the followving: • As part of the planning process(anal before any land-al Trig activities take place),al'l miners of the interpretive complex(that is,the buffer boundary as agreed upon with the SHPID)will be identified by an archaeologist in the field. 'This action has been completed. ww The corners will be marked in a durable manner(e.g.„metal stakes in concrete)and recorded by OF'S and/or by professional land survey. This action has been completed. 0 For the short-term, these points will also be: marked with white PVC pipes (or similar material'). Thew marked points will be maintained in a visible fashion until i:ntermtive i development is completed,so that there will be no inadvertent intrusions into the preservation area., ww The location of these points will be placed on development maps and arty future specific project maps.. • I marked points will be used to dune the boundary for the interpretive development of the complex, m If land-alle•ing activities in the vicinity are to take place before interpretive development, fencing will be placed around the complex, using the marked buffer paints to define the boundary. Construction protect managers will be notified. In addition, prior to any land, altering activities in the vicinity,the SUPD will be notified that fencing has been installed and will be asked to make a site visit to verify that the interim, Fencing is correctly in place. 0 per gflPD agreement in the approval of the hyterim Neservation Plan, a portion of the mcrzrJlawrrrrxkai trails can be breached for the constructions of Kanalani Street,and when this is planned, consultation with h Ply will be carried out regarding preparation of a data recovery plan for section of the trail to be breached. T.,ONG-TERM PRESERVATION MEASURES Per hAR 1 - 77- (, ) and l - 77-b, and standards for historic preservation established by the :secretary of the Interior (Appendix p), the following section describes long-term: preservation i measures for the honokdhau historic Trail, P r a i 15 I Final Preservation Plan September 20,08 CONSULTATION Per HAR §13-277-3(4) and §13-277-5, the following measures have been and will be taken to ensure that consultation has occurred, Consultation concerning sites in the project area was carried out in various phases of this general WHBP project (archaeological inventory, burial treatment planning, interim preservation phase,and (rail Interpretive planning),with the following results; • Correspondence with various native Hawaiian organizations(including OHA)concerning the inventory survey produced no specific concerns for any of the archaeological sites in tile project area (Cultural Surveys Hawaii letter of August 8, 2001!; SHPD left of August 28,, 2001)� • The Na Ala Hele Statewide Trails and Access, Program was consulted regarding the trail components, and, the response indicated that it has no interest in the MAmalahoa Trail (No Ala Helc>16ftcr of June 7, 200111'1 SHPD,letter of August 28, 200 1) and no interest in the wauka-vookai trail(Site,1180,99),(Na Ala'Hele letter of July 14,2006). • Various cultural consultants were interviewed as part of an oral history project for the project area; interviews indicate that the consultants "concurred with the preservation of sites with.,.sections of the old ntanka-makai trail, and other sites as recommended' as a result of f inventory] fieldwork"(Maly 2000:iv), • During the preparation of a burial treatment plan for the WHBP project area,the interpretive trail complex was included on the maps of the burial areas,l)and the general interpretive plan was discussed with tile recopized cultural descendants, who informally indicated that this plan was,consistent with their concern for preservation of sections of the trail(as indicated in the interviews notes above, in Maly 2000). • A copy of the present draft Final of The Honok6hau Hisloric Trad was submitted to Hawaiian cultural descendants (identified in the burial treatment process) in April 2008 (via Mr, Isaac Harp,a cultural descendant and a cultural coordinator for the WHBP project), with a request for review and comment, One of the cultural descendants is also the Kona representative of OHA,and thus the review copy was intended for local OHA representative review as well as descendant review. No comments have been received in either oral or written form from any cultural descendant or from descendants representing any Hawaiian organizations, However, contact will be i�naintained with the cultural descendants, through the cultural coordinator,during it of the trail plan. • Staff archaeologists at Kaloko-Honok6hau National Historical l Park were consulted regarding trail components and the response indicated no interest in the portion of the MAmalahoa Trail in the WHBP area (SHPD letter of August 28, 2001), However, there has been additional discussion and contact regarding the interpretive trail complex, (1)discussion was carried out in 20,02 with then staff archaeologist Dr, Stanley Bond during preparation of the Inleriln Preservalion Plon and, he indicated his suppoil for the general proposal to develop the interpretive trail complex; subsequently, another archaeologist (Dr, Richard Boston) has taken the staff position held by Dr. Bond,and informal contact was continued, (2)A copy of the draft Final of The Hasiok5lrau Hisroric Trail was formally provided to Kaloko- Honok6hau National Historical Park for comment on April 28, 2008, but no response has There are rio burials in the historic trail preservation area. but there are burials preserved in place in adjacent areas (as addressed in the approved Burial Treatment Plan), 18, l ('p)1 tti ) Ittu-N� utt7 trIC (Site .tit� i�i mullllllllllllll I w ��,�,� � /ly,r I( tOtIAUIC TRAIL "TIC IL „Middle Citi,ster , Sites 19098 and "i", VOIN oro j lJ�' bS i to 18091, AN and 0002 y ,i/f, ,;•y •'d.. T i uir 3. Sites in the Honok6hau Historic 'Trail preservation complex. The reel line marks the SHPD-approved 40 foo,t buffer. WBB ". Final Preservation Plan 4 WHBP r10ratrlrru rrraYtr' t tl�rrrf I HIstorIc Sitesand Dural Sites .-..._^ larr��r tI&I II3I w aX 9107t�l '8 tlt�,a SITES ha scryusi tat r,Il,, I�I'�7' Tcrwlnwa°ralaktir�zl (w10 b t al IIVI ta'Ik Data mAxwery No flail awurk PRESERVATION Ili f I r la I r AREA IAI S 1AllI r �� I4kIT I1194 tW 111 G II99 II4I41 Ialt 2 tllkMllS latltltm Wo Iolt4:a �.'�Ir+� IaJh 1�4t�1 t'd�d9 118111 t 1.808 IBIItl.I q, R�t�9N mwrvmm 41 '. ' Itl k'Rltl'�C I I I IC I w ' I I II 4 Ill t a"m azw�� IT 80a 9 s Into's��• aw� ISSKS Ilora�.a " asap � INk4,tMl r . ...... .m .> IsiBi6pCmTIySY"I paM.wA+m 'rvj Burial,cum aaxa luthita lklaa Hall tzmtadaa w,.e� 'ea Agrickshurc 6Nnrtnaxwaaoa�x'r„axrwaalswsrya�y we�xm krk~lrmtaamauat„rxsava:patx^ttt,ktirlrsal Alm r'r��tratrrala,r��ttzt�n�rc�aat,�ataw � 1't`s"Irt Irouas^bawl «� a. P,""sal I1C Wa"I �+w��aana Ttuwcel 1 Figure 10. Distribution of all archaeological sites in file project area,, identified by function and mitigation treatment category. All si1tes are pre-contact, or have a pre-contact component, except for the cattle walls, , 50 inal Preservation S�ePternbed' 2008 Reservation. Boundary 18189 TN Tertocesi , �P I 8 A Core 18099 Troy B� F' 1,808, Petr typh 0002 116mailahoo, trait a cre° 1 Lower Clij,ster of lil I-Ionok6hau w t r Tr jj pr s rTrrtion complex. 1 GGO WAMAGRWHAW U.AAD .Mas=a`aa4ra 'c`d' ,,rW {' rv" M'"d Popk W6 ONN RAM:AAWUKSY GIMMI 1 w i I a 6CW AIg W@.aa 1f.taa"xa MldlN mll:J'IW KIN C.KAWAHARA b p; m ring'GaWrplir'1+a wu.Tvp Cyr`�l AWAII "Alic�as raa STATE aA^arlfas�wn " W�AwAaa"��a" as"'"u"xa DEPARTMENT OF LAND atNl)NATURAL RESOURCE IS GdpS SAVAa%Wpb"AND MxaAMLIAtlM CG"N�^5�88Ga"&MON WMi'bNklV sIWI"f HISTORIC P91,81AVATION DIw"lMON aau".n�ilNW amalt K,rkh+ItrKILA BOULEVARD,ROOM 555 i JUG i sTAVA10rr0 KeM1ABGMCYC8AT 15 J'C'W.W&il'h"V tAaWbG"SSMYN KAVOLEASeptennber 23,2008 arAMrI J. Stephen Athens,Ph.D. LOG NIO: 7008.289'7 Tritemational Archaeological l eseaa-ch'institute,Talc. DOC NOl 0809TD30 2081 Young Street Archaeology lltanrala luu,141 96826-2231 Tear Dr. Athens: StTBJEC"T: Chapter 6E42 Historic Preservation Review of an Archaeological Preservation Plan For Seven Sites within the West mvai`l Business Park tmokarhau Tao and 2a"d Ahupuala, North Kims District,Island of anvla,l°i TM; - -t18. 13 3 6 77 78 Thank you for submitting for review the draft fitaal preservation plan entitled The Haaojok ha a lbstM ric Trail:Are Archaeological Prejervahon Planfor a Cknnplex of Sites in the rt'lrttprs 'a qfHtunokohait I`G Kona l istr is Island rr 'l lid"i(1 : " -4 ; 13, X 74, 76, 77, 78'and „•fornierly TUT - - 8: 1 and 7-4-08 30), RD, Tuggle and 1I Tuggle 2008, We apologize for the delay in responding to this submittal,which was received in our Hilo office July 1.8 200& The plan details int relive Preservation for seven sites,including a portion of the Maaanalahoa T"rai.l(Site 002),, the 1"onokoh a Historic'Trail(Site 18099), petroglyphs (Site 18081), an enclosure(Site 18098), a trail marker mound I(Site 18,100), a cave(Site 18188)atad a terrace co lea (Site 18189). All elements listed in HAR§13-277 for acceptable log-tenon preservation are addressed in the purl.These elements include descriptions of sites to a preserved, permataerat buffer zones, maintenance, signage, consultation,access and owner>ship/m anagentcrit, We find that all of these elements soave been adequately addressed,and that the accompanying rumps and graphics are excellent, We would l.ilae to "knowlctl c bullctcd iteta 6 on page 15 of the plan, which s+tata;aa that if lWaaaal•Waltorin activities take place in the vicinity prior to interpretive development, fenacinag will be placed along the marked buffer zone" and SHYD will be notified and asked to made as site visit to verify that the interim fencing is convotly in place, We would also like to be notified in the event that the interpretive development is completed prior to lamas alteration. The plan is accepted as final with no revisions requested, Please submit one hard copy of the plain,clearly marked as"'final",along with a copy of this acceptance letter~and a digital copy(•pd3 of the plan on a CD to the l aapolei office. if you have any questions or ctarntnernts, ,please contact Theresa Denham at (808) 8q 1-2979, Aloha, Nancy McMahon,Deputy Sill'Ou"State Arcluicologist and Historic Preservation Manager State Historic Preservation Division ttatuhrlTellt tV OF of COUNTY OF HAWAF1 STATE OF HAWAF1 ILL NO. 200 ORDINANCE NO. (DRAFT 2) AN ORDINANCE AMENDING ORDINANCE NO. 04 110 WHICH RECLASSIFIED LANDS FROM OPEN (0) TO INDUSTRIAL-COMMERCIAL MIXED (MCX-20) AND GENERAL INDUSTRIAL (MG-la) AT HONOKOHAU 1ST AND 2 ND,NORTH KONA, HAWAIl, COVERED BY TAX MAP KEY 7-4-008:013 & 030. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAPI: SECTION 1. Section 2 of Ordinance No. 04 110 is amended as follows: "SECTION 2. In accordance with Section 25-2-44, Hawai'i County Code 1983 (2016 Edition, as amended), 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. A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant shall comply with all conditions of approval of the State Land Use Commission's Decision and Order(Docket No. A00-730) dated September 26, 2003. Planning Dept. C. [PFi()r-to the issuanee of a water eeffhmitment by the Depaftment of Water- Sepply, the applieafa shall submit the anticipated maximum daily water usage ealettlations as r-eeommended by a r-egistefed engineef, and a water-eammitment deposit in aeeordanee with the "Water-Commitment Guidelines Policy"to the Depaftment of Wa4ef Supp! within ninety days ffem the effeetive date of this efdiaanee.] The applicant, successors or assigns shall maintain valid water commitments to support the proposed development until such time that the required water facilities charges are paid in full. Moreover, the applicant, successors or assigns shall construct the necessary water system improvements as required by the agreements between Lanihau Properties, other parties and the Water Board. D. The subject area shall be zoned in multiple increments: 1. The first increment shall consist of Parcel 2 (MG zoned area) and Parcel 3 (9.9- acre MCX zoned area) whose zoning [shall be] was effective upon adoption of [this efdinanee] Ordinance No. 04 110 on October 12, 2004. 2. Zoning increments within Parcel I (I 86.7-acre MCX zoned area) shall be identified by the applicant as part of future subdivision applications. The effective date of these future zoning increments shall be upon completion of construction or acceptance of financial assurance thereof, by bond or other means, meeting with the approval of the Planning Director, whichever occurs first, for the portion of road improvements as shown on the approved circulation plan within each increment. The incremental zoning boundaries shall be identified on the subdivision maps and shall be along the portions of the roads proposed to be improved and shall not include large lots, as described in Section 23-28, Chapter 23, Hawai'i County Code, or any remainder lot that is designated by the applicant on its subdivision plans. -2- E. Prior to construction on the proposed lots, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall also 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[Piffiming Depai4ment's R No. 17 (handseaping Requir-emeRts)] the Landscaping Master Plan approved by th Planning Department on December 1, 2009 and/or gny gpproved amendments thereto. F. [Affi ovefall landseaping master-plan, ineluding a minimum 50 feet wide landseaping buffer-along the pr-opefty's ffenlage on Queeti Ka'ahufflanu Highway shall be submit4ed— to and appr-eved by the Planning Depa-Ament pr-iof to the issuanee of Final Plan appf fer-any development within Lots 1 and 3. The Landscaping Master-Plan sha4l r-efleet pr-eposed landscaping eeneept depieted in Figure 4 4g of the petitioner's Envifenmental impaet Sta4efnei4 dated April 2003 a-ad shall ineltide, btit not neeessaf4y limited to, plant species list, idenlifieation of view eofrider-s ffemwithin and outside of the pfejeet area and maintenanee pr-ogfam.] The applicant, successors or assigns shall implement landscaping improvements as required by the Landscaping Master Plan approved by the Planning Department on December 1, 2009 and/or any approved amendments thereto. The required landscaping improvements shall be installed in conjunction with the development of immediate surrounding areas. G. An updated Traffic Impact Analysis Report (TIAR) certified by a licensed engineer shall be submitted for review and approval to the Planning Director [and] in consultation with the Department of Public Works and the State Department of Transportation, if warranted by a significant change in circumstances or if required by the Department of Public Works during the design and review of construction plans for future road segments. Iffivef to r-eeeipt of Final Subdivision Appr-eval. The TIAR shall be"da4ed to inelude the -3- inerease in the N4CX zoned afea and the inelusion of ipAer-ior-ipAefseetions along the Sot4h Aeeess Road and HonokOhau Stfeet. The fevised TIAR shall also evaluate impaets- to the Kamantt Street and Kealakehe Pafkway intefseetion.] The improvements identified in the updated TIAR shall be provided in an appropriate design year or phased in with the needed right-of-way provided. Mitigation measures called for in the revised TIAR that are reasonably related to [the] project impacts shall be implemented [meeting] in a manner that meets with the approval of the Planning Director in consultation with the Department of Public Works and the State Department of Transportation." H. [All aeeess and intefseeti i � nents along Queen Ka`ahumanu Highway shall eanstr-tteted meeting with all the requirements and approval of the State Depai4nien4 Of Tr-anspei4ati ] Access to Parcel I from Queen Ka'ahumanu Highway shall be limited to the North Access Road and [, after-consifuetion of the National -Park Sen,iee anih (Sauth Aeeess Read)] the South Access Road signalized intersection [, to the Natieffal. Park Sen,iee/Lanihau (South Aeeess Read) inter-seetion and to the Nefth Aeeess Road] under such terms and conditions required by the Department of Transportation. I. [Pr-ief to the granting of Tentative Subdivision Approval f0f afly lot within the subjee area,the applicant shall pfepare an] The applicant, successors or assigns shall implement the approved overall Roadway Circulation Plan submitted as Figure 2 with the November 2017 TIAR showing the major road corridors within the project area. [faf r-eview a appr-oval by the Planning Depai4mef4, in eensulta&n with the Depaf4ment of Publie Works aim] Driveways within the North and South Access Roads between Queen Ka'ahumanu Highway and Kanalani Street shall meet with the approval of the Department of Public Works in consultation with the State Department of Transportation. J. Prior to the issuance of a Certificate of Occupancy of any structure within the project area, except as provided in Conditions K, L and M below, Kamanu Street Extension shall be constructed and available for use across the entire project area. The applicant shall -4- construct Kamanu Street extending from the north property boundary to the south property boundary meeting with the approval of the Department of Public Works. At its sole discretion, the applicant may construct Kamanu Street Extension in stages, the first of which shall consist of preliminary vehicular access (hereinafter defined as road improvements constructed to non-dedicable standards) meeting with the safety and design requirements of the Department of Public Works, suitable for through-vehicular travel. Construction of the first stage shall be completed prior to the [isstianee of t ] County's issuance of a Certificate of Occupancy for any portion of the subject property, except as provided herein. The second stage shall consist of upgrading the preliminary vehicular access to dedicable standards including curbs, gutters and sidewalks, meeting with the approval of the Department of Public Works, which shall be constructed in conjunction with Final Subdivision Approval for any lands along the roadway improvements constructed in the first stage, excluding large lots or remainder lots. In the event that Kamanu Street is constructed with County or other government funding or financing, the applicant shall dedicate the Kamanu Street right-of-way to the County at no cost, and the Kamanu Street improvements shall be improved to County dedicable standards, including curb, gutter and sidewalks, prior to the issuance of a Certificate of Occupancy within the subject property, except as provided in Conditions K, L and M herein. In this event, prior to the granting of Final Subdivision approval for lots fronting Kamanu Street, other than bulk or remainder lots, the applicant shall reimburse or otherwise contribute to the appropriate agency for the cost of construction. Provided that reimbursement shall occur within five years of completion of construction, or if reimbursement is by way of the applicant taking over bond payments, such repayment shall begin within four years of completion of construction. Reimbursement of the cost of construction of Kamanu Street shall not include any costs in excess of those necessary for a County-dedicable road serving the project area only. K. [Pr-ief to the issuanee of a Ceftifieate of Oeeupaaey fof impr-ovementsixithin appfoximately 10 aer-e peftion of Pafeel I along Kanalani Stfeet Extension between 1 -5- nefth pfoperty boundary to the North Aeeess Read and the eanstrdetion of impr-oveme standards.] Prior to the issuance of a Certificate of Occupancy for development within an approximately 48.4-acre portion of parcel 1 (Initial Project Area, as indicated in Exhibit 3a of the November 22, 2017 amendment application),the applicant, successors or assigns shall construct the following roadway improvements to County dedicable standards: the Kanalani Street Extension from the north property boundary to the South Access Road; and the North and South Access Roads between Queen Ka`ahumanu Highway and the Kanalani Street Extension. L. Prior to the issuance of a Certificate of Occupancy for improvements within Parcel 2 other than for uses or improvements permitted or allowed as part of the on-going quarry and related activities, Kamanu Street Extension shall be constructed and available for use across the entire project area as provided in Condition J above. M. Prior to the issuance of a Certificate of Occupancy within Parcel 3,the applicant shall improve the north side of Honok6hau Street, meeting with the approval of the Department of Public Works. N. Street lights, traffic signals and applicable traffic control devices shall be installed as required by the Department of Public Works as warranted pursuant to the Manual on Uniform Traffic Control Devices. O. In order to address and mitigate potential impacts from non-point source pollutants, the applicant shall participate with the County of Hawaii in a pilot storm drainage program for roadways within the Kaloko-Honokdhau region. This pilot program may potentially include other developments within the County and apply to all other government and -6- private developments. The applicant shall participate by constructing all roadways within the proposed industrial-commercial park to County dedicable standards with paved swales. The drainage system within the road rights-of-way shall, if required by the County of Hawaii, include storm drain filtration devices which meet with the approval of the Department of Public Works, in consultation with the National Park Service, and the applicable permitting requirements of the Underground Injection Control (UIC) of the Federal Safe Drinking Water Action and the National Pollutant Discharge Elimination System of the Federal Clean Water Act. The roadway and related improvements covered herein shall be considered eligible for dedication to the County of Hawaii. P. An Emergency Response Plan shall be submitted to the Civil Defense Agency for review and approval prior to the issuance of a Certificate of Occupancy. Q. [An Axehaeelegieal Pfeserwation and Bufial Treatment Plan shall be submitted for-th-e review and appr-eval of the Planning Difeetef, in eensultation with the Depal4menl o Land and Natural Resetffees State Hister-ie Pr-esen,ation Division (DLNR S14PD). Pfoposed mitigation treatment for-the btir-ial sites within the subjeet pr-apefty shall b-e approved by the S14PD's Hawai'i isla-ad Btifial Gouneil befeFe detailed mitigation plans are finalized for these sites. A eopy of the approved Final Ar-ehaeolegical Pr-esen,atiefi. and BufW T-r-eatment Plan shall be submit4ed to the Planning Direeter for its files p6a submit4ing plans for-Final Plan Appr-eval, Final S4division r--..*-.v or-prior-to th-e issuanee of ay land a4ter- do po..mit whichever--eomes first..] The applicant, successors or assigns shall fully comply with the provisions stipulated in the Department of Land and Natural Resources-State Historic Preservation Division(DLNR-SHPD) approved Archaeological Preservation Plan and Burial Treatment Plan. R. [ > or-ehar-eeal deposits, human burWs, reek of ear-a! alignments, pavings or-walls be eneounter-ed, wor-k in the immediate area shall cease and the DepartmepA of hand and Na4ttfal Reseur-e -7- Histefie Pr-esefvation Division (DLNR 14PD) shall be inunediately notified. Subsequent work shall pfeeeed ttpen an afehaeologieal elear-a-nee ffom the DLNR 14PD when it is found that suffieient mitigation meastifes have been taken.] In the unlikely event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g. rock walls, terraces, platforms, etc.), cultural deposits, marine shell concentrations, 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- 7651. S. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented,the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code, relating to Affordable Housing Policy. T. 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. U. Comply with all other applicable laws, rules,regulations and requirements of other affected agencies. V. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the enactment of[the] this amended ordinance. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval are being satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Director, acknowledges that further reports are not required. W. 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). X. 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. SECTION 2. Material to be repealed is bracketed and stricken. New material is underscored. SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. -9- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAPI Kona , Hawai'i Date of Introduction: November 2, 2018 Date of 1st Reading: November 2, 2018 Date of 2nd Reading: November 20, 2018 Effective Date: December 5, 2018 REFERENCE Comm. 1098.2 -10- RS-7.5 A 5a i R5-7-5 A 5a ,.- RS,tt} RM-3 RS-f0 Mah'aw le ya OPEN j I R5-15 ----- A 5a i i 0a ,St. A-la i 4 — A 5a _ 1 - 5a ' A 5a t;' A' A-5a --- - °'s A PAIRCEL 2 OP IN(0)TO e ENERAL1N USTRIAL MG-1 ! A754 y ? 85.733 ACS. ©i'Ex 3 A-5a — A Sa I RS-7.5 :' Ov \ OPEN t310,52,3.31$N .. . �EN i 1 322,3 3. 1 E OPEN OPEN i_ PARCEL ? "HA I+}AIPPLANECOORDINATE OPEN(0) 0 II. GRID S STEM ZONE Ill I- ' !� INDUSTRIAL-C� MEE CIAL ::;;.,,,t ;::-: MIXED C •20 ? MCX-facc _ ..�--- i �;a"��.��,,:�rr•;.,';-,..r-,,�:,-, t,::.gi��F« OPEN � OPEN 'I t ''' ,1'. ' MCX Ja ML fa ML-fa a ssw '::�:i:.•Ii 4 Yi1..{3E:iL t{ Queen \\\ I OPEN ter_ -j OPEN _ _ _ C_ — — —•,;y,;;`:,i„r`ii�''rfs,�;if`` °�'��:� ```'' � I is? ' ML-la -f` ML fa G t4. 1 .u OPEN ,nVtn n jI 30&,466.91 N cs i j li OPEN 321,393.14E ?flU "HAWAII PLANE CORD GRID SYSTEM ZO E Ill -- -i 310,073.83 N QPENI � t 320.034.85.,E t OPEN "HA,WVOLANir COORDINATE i -ff21D',ASTEM10 Ell, Honokohau OPEN \RS-101 i i Bay RS-10 " i I ARCELI — �`' \-IbPEN RM-31S OPEN OPEN(0)TO I OPEN E` RS-10 i INDUSTRIAL-COMMERCIAL v f.251 MIXED X-20) CV-10 186.733 ACS. 2,500 1,250 0 Z500 5,000 7,500 10,000 12.500 Feet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (0) TO INDUSTRIAL-COMMERCIAL MIXED (MCX-20) AND GENERAL INDUSTRIAL (MG-1 a) AT HONOKOHAU 1 st, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 7-4-S:Por. 13&30 Date:June 7,2004 EXHIBIT ..A.. FAR REFERENCE ONLY {West Hawaii Business Park,LLC:1127} OFFICE OF THE COUNTY CLERK COUNTY CLERK County of Hawaii COUNTY OF HAINA111 Kona Hawaii(Draft 2) 2018 N"C -6 M 9* 00 Introduced By: Karen Eoff (B/R) ROLL CALL VOTE Date introduced: November 2, 2018 AYES NOES ABS EX First Reading: November 2, 2018 Chung X Published: November 10, 2018 David X Eoff X REMARKS: Kanuha X Lee Loy X O'Hara X Poindexter X Richards X Ruggles X Second Reading: November 20, 2018 1 6 1 0 1 3 0 To Mayor: November 29, 2018 Returned: December 6, 2018 ROLL CALL VOTE Effective: December 5, 2018 AYES NOES ABS EX Published: December 15, 2019 Chung X David X REMARKS,, Eoff X Kanuha Lee Loy X O'Hara X Poindexter X Richards X Ruggles X 6 0 1 1 I DO HE)?FBY CERTIFYthal the foregoing BILL was adopted by the County Council published as indicated above, COUN CHAIRPERSON TM JA Irove isypproved this day f TTY CLERK 0 20 C Bill No.: 200 (Draft 2) XMYOR, COUNTY0FHAWA11 Reference: C-1098 .2/PC-75 Ord No.: 8 JA 5 NA ALA HELE Hawal'i Trail 6 Access System July 14, 2021 Ref: H06:03 TO: Jackson Bauer FROM: D. Moana Rowland, Abstractor SUBJECT: Disposition of the Honokohau mauka-makai trail situate within the Honokohau Historic Trail Preservation Complex designated as Tax Map Key: 7-4-08- 078 at Honokohau 1 st, North Kona, Island and County of Hawaii On July 14, 2006, 1 wrote a memo to former Na Ala Hele Program Manager Curt Cottrell regarding the disposition of portions of the Mamalahoa Trail and the Honokohau mauka- makai trail. A full copy of this memo is attached for your reference. In this memo I made statements that led others to infer the government no longer had an interest in the Honokohau mauka-makai trail. This letter serves to restate and clarify the disposition of the Honokohau mauka-makai trail. The second paragraph of my 2006 memo states: Records disclose the government released its interest in portions of both trails that passed through the WHBP. This memorandum will explain how the government released its interest in the trails. I based this statement on the opinion written by Rodney Oshiro, the former Trails Specialist for the island of Hawaii, on June 19, 2001, in which he wrote to William L. Moore regarding the M5malahoa Trail: Na Ala Hele is primarily interested in public trails and roads. Since remnants of the Mamalahoa Trail were sold to Lanihau Corporation, we have no further interest in the respective sections of the trail. Planning Dept. Exhi b it----4, Division of Forestry and Widiffe Department of Land and Natural Resources 1151 Punchbowl,Suite 325,Honolulu,HI 96813 The statements made by me and Mr. Oshiro do not and cannot in any way release or relinquish the government's ownership in the Honokohau mauka-makai trail. No one person or staff member has the authority to divest the government of its interest in the trail. This historic trail is owned in fee simple by the State of Hawaii through its Board of Land and Natural Resources pursuant to Hawaii Revised Statutes Chapter 264 which states in part: (b) all trails, and other non-vehicular rights-of-way in the State declared to be public rights-of-way by the highways act of 1892, or opened, laid out, or built by the government or otherwise created or vested as nonvehicular public rights-of- way at any time thereafter, or in the future, are declared to be public trails. A public trail is under the jurisdiction of the state board of land and natural resources unless it was created or dedicated to a particular county, in which case it shall be under the jurisdiction of that county. While the ownership of the trail is defined in Chapter 264, any sale of a public trail is made pursuant to Section 171-52, Hawaii Revised Statutes. It was this section of law that allowed Lanihau Corporation to purchase remnants of the Mamalahoa Trail by way of a Land Patent Grant issued by the State of Hawaii through its Board of Land and Natural Resources. The second page of the 2006 memo under the heading The Mauka-Makai Trail I state: A government map prepared in 1888 delineated a mauka-makai trail through the subject lands, however due to a lack of detail and the scale of the map it is not possible to determine the exact location of the trail on current maps. This is the only map found that delineates a trail running in a mauka-makai direction from Kaloko mauka to the Aimakapaa Fishpond in Honokohau 1st. An archaeological inventory survey completed in 2001 for Lanihau Properties identified remnants of the mauka-makai trail as a kerbstone trail that runs intermittently across the central portion of the project. The location of the Honokohau mauk a-makai trail is no longer in doubt. Since the archaeological survey was one in 2001, other surveys one in 2003 and 2008 have been able to definitively identify the alignment of the Honokohau mauka makai trail. In recognition of its historic and cultural value, this feature was recommended for preservation within what is now known as the Honokohau Historic Trail preservation complex. The last paragraph of my 2006 memo under the heading Conclusion I wrote: The mauka-makai trail qualifies as being subject to the Highways Act of 1892, and therefore eligible to be claimed by the State. However, in 2001 Mr Oshiro determined that the trail did not serve a Na Ala He/e programmatic purpose, or had linear recreation or access value. This was due to the fact that the government had previously relinquished its interest in the Mamalahoa Trail that this feature connected to. Nonetheless, those remnants and other sites have been slated for preservation and will be included as part of an interpretive complex. According to Julie Taomia of the Kona Branch of the State Historic Preservation Division, the preservation plan has been reviewed and approved. It should be noted that Mr.Oshiro's comments were relating to the trail's Na Ala Hele programmatic purposes (i.e recreational hiking trails) of the Mamalahoa Trail, and did not address government ownership. The government continues to own the mauka-makai trail, as was concluded in this 2006 memo. Records fail to disclose any surrender of ownership of the mauka-makai trail by the government as prescribed by law. DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: September 7, 2021 V4W*%"4&W TO: Zendo Kern, Planning Director FROM: Department of Public Works, Engineering Divisio SUBJECT: AMENDMENT TO CHANGE OF ZONE ORD. NO. 18-115 (REZ 1049) Applicant: West Hawaii Business Park, LLC Request: Amendment to Condition J (Delete Language Related to Alternative Financing and Phasing of the Construction of Kamanu Street Extension and Adding Reference to Conditions N and O as Exceptions to the Requirement), Add New Condition N (Roadway/Driveway Requirements Related to Development of Parcel 78), and Add New Condition O (Ownership Transfer and Development of Parcel 90) TMK: 7-4-008:013, 030, 074, 076-078, 084, 085 & 099-100 We have reviewed the subject request forwarded by your memo dated August 5,2021 and provide the following: Condition J: We have no objection to: • Allowing the issuance of a Certificate of Occupancy for TMK 7-4-008:077 with the newly proposed Condition N, • Eliminating the phased construction approach for Kamanu Street, and • Constructing the remainder of Kamanu Street (less section identified in proposed Condition N and O) to a dedicable standard to include but not limited to curbs, gutters, and sidewalks prior to the issuance of Certificate of Occupancy of any structure within the project area minus TMK 7-4-008:077. Condition N: We have no objection to the newly proposed Condition N. Condition O: We have no objection to the newly proposed Condition N. Questions may be referred to Robyn Matsumoto at 961-8924. Planning ep . Exhibit County of Hawaii is an Equal Opportunity Provider and Employer ,rtXY OF .1q Mitchell D.Roth Rarnzi I. Mansour Mayor Director Lee E. Lord Managing Director OF 0 Brenda D. lokepa-Moses Deputy Director County of Hawail DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kek0an5o'a Street, Suite 41 - Hilo, Hawai'i 96720 Ph:(808)961-8083 a Fax: (808)961-8086 Email; cohdem@hawaiicounty.gov MEMORANDUM TO: Zendo Kern, Director Planning Department FROM: Ramzi I. Mansour, Director lrt�iVD_ Department of Environmental Management DATE: September 24, 2021 SUBJECT: Amendment to Change of Zone Ordinance No. 18-115 (REZ 1049); Applicant: West Hawaii Business Park, LLC Request: Amendment to Condition J (Delete Language Related to Alternative Financing and Phasing of the Construction of Kamanu Street Extension and Adding Reference to Conditions N and 0 as Exceptions to the Requirement), Add New Condition N (Roadway/Driveway Requirements Related to Development of Parcel 78), and Add New Condition 0 (Ownership Transfer and Development of Parcel 90) Tax Map Key: (3) 7-4-008: 013, 030, 074, 076- 078, 084, 085 & 090-100 The Solid Waste Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Solid Waste Division for details): ( ) No comments. (X) Commercial operations, State and Federal agencies, religious entities and non-profit organization may not use transfer stations for disposal. Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. Ample and equal room should be provided for rubbish and recycling. Green waste may be transported to the green waste sites located at the West Hawaii. Organics Facility and East Hawaii. Organics Facility, or other suitable diversion programs. Construction and demolition waste is prohibited at all County Transfer Stations. Submit Solid Waste Management Plan in accordance with attached guidelines. Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. Other: Planning Drept. County of Hawaii is an Equal Opportunity Provider and Employer E x Ramzi I. Mansour, Director September 24, 2021 Page 2 The Wastewater Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Wastewater Division for details): No comments. Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. Require Council Resolution to approve sewer extension in accordance with Section 2 1- 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'l 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. Proposed activity may be subject to existing or future federal, state, or county regulation under Title 40 CFR 403.5, prohibiting discharge of certain pollutants into publicly owned treatment works. Contact the Hawaii Department of Health for information regarding pretreatment standards. Applicant shall follow Department of Health regulations. (X) Other: Applicant intends, to install dry sewer lines and will connect to County sewer system once it becomes accessible. RM:P1S V VIRGINIA PRESSLER,M.D. DAVID Y.IGE GOVERNOR OF HAWAII DIRECTOR OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO,HAWAII 96721-0916 MEMORANDUM 0 C- DATE: February 23, 2018 CC TO: Mr. Michael Yee Planning Director,County of Hawaii zo Eric Honda FROM: EU, District Envirkental Health Program Chief SUBJECT: Amendment to Change of Zone Ordinance No. 04-110 (REZ 1049) Applicant: West Hawaii Business Park LLC Request: Amendment to Condition K to Enlarge the Acreage Allowed to be Development Prior to the Completion Of the Kamanu Street Extension from 10 Acres to 48.4 Acres and Changes to the Location/Extent of Roadway Improvements of Ordinance No . 04-110 TMK: 7-4-008:013,030,074, 076-078 inclusive, 084& 085 The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60.1,Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements,please contact our Clean Air Branch staff at Ph. 933-0401. The Department of Health(DOH), Clean Water Branch(CWB), acknowledges receipt of the subject document on January 23,2018. The CWB has reviewed the limited information contained in the subject document and offers the following comments: Permit Issuance Any project and its potential impacts to State waters must meet the State's: 1) Antidegradation policy,which requires that the existing uses and the level of water quality necessary to protect the existing uses of the receiving State water be maintained and protected; 2) Designated uses, as determined by the classification of the receiving State waters; and 3) Water quality criteria [Hawaii Administrative Rules(HAR),Chapter 11-54], A Section 401 Water quality Certification(WQC)is required if your project/activity: 116977 Planning D15p)t, Ex hi bit Michael Yee February 23,2018 Page 2 of 4 Requires a federal permit, license,certificate,approval,registration, or Statutory exemption; and May result in a discharge into State waters. The term "discharge" is defined in Clean Water Act, Subsections 502(16), 502(12),and 502(6). Examples of"discharge"include,but are not limited to, allowing the following pollutants to enter State waters from the surface or in-water: solid waste,rock/sand/dirt,heat, sewage, construction debris,any underwater work,chemicals, fugitive dust/spray/paint, agricultural wastes, biological materials,industrial wastes, concrete/sealant/epoxy,and washing/cleaning effluent. Determine if your project/activity requires a federal permit,license, certificate, approval,registration,or statutory exemption by contacting the appropriate federal agencies(e.g. Department of the Army(DA), U.S. Army Corps of Engineers (COE),Pacific Ocean Division Honolulu District Office(POH)Tel: 808-835-4303;U.S. Environmental Protection Agency Tel:415-947-8021; Federal Energy Regulatory Commission Tel: 866-208-3372; U.S. Coast Guard Office of Bridge Programs Tel: 202-372-1511). To request a Section 401 WQC,you must complete and submit the Section 401 WQC application. This application is available on the e-Permitting Portal website located at:https://eha-cloud.doh.ha-,vaii.gov/el2ermit/. Please see HAR,chapter 11-54 for the State' Water Quality Standards and for more information on the Section 401 WQC. HAR, Chapter 11-54 is available on the CWB website at: htt-o://health.hawaii.gov/cwb/. • National Pollutant Discharge Elimination System (NPDES)permit coverage is required for: -Storm water associated with construction activities for land disturbances of one (1)acre or more. Land disturbance includes, but is not limited to, clearing, grading, grubbing,excavation, demolition,uprooting of vegetation, equipment staging, and storage areas. -Storm water associated with industrial activities for facilities with Standard Industrial Classification Codes regulated in 40 CFR 122.26(b)(14)(i)through (ix)and(xi). -Storm water and certain non-storm water from a small Municipal Separate Storm Sewer System. -Discharges of water pollutants into State surface waters. Examples of these discharges include,but are not limited to,cooling water,hydrotesting waters, dewatering effluent, and process wastewater. -Discharges from the application of pesticides(including pesticides, herbicides, fungicides,rodenticides,and various other substances to control pest)to State waters. Michael Yee February 23, 2018 Page 3 of 4 An application for an NPDES individual permit must be. submitted at least 180 calendar days before the commencement of the discharge or start of construction activities. To request and NPDES individual permit,you must complete and submit the NPDES individual permit application. This application is available on the e-Permitting Portal website located at: https:Heha-cloud.doli.haNvaii.gov/epermit/. A Notice of Intent(NOI) for coverage under a specific NPDES general permit must be submitted at least 30 calendar days before the commencement of the discharge or start of construction activities. To request NPDES general permit coverage,you must complete and submit the NOI. The NOI is available on the e-Permitting Portal website located at: litti2s:Heha-cloud.doh.hawaii.goN,/epermit/. Please see HAR, Chapter 11-5 5 for more information on the NPDES individual permit and NPDES general permits. The specific NPDES general permits located in HAR, Chapter 11-55,Appendices B through M. HAR, Chapter 11-55 and HAR, Chapter 11-5 5, Appendices B through M are available on the CWB website at: bt.tp://health.bawaii.gov/cNkb/. • According to State law, all discharges related to the project construction or operation activities,whether or not NPDES permit coverage and/or Section 401 WQC are required,must comply with the State's Water Quality Standards. Monitoring • Effluent discharge and/or receiving water monitoring may be required as conditions of Section 401 Water Quality Certifications and NPDES General and Individual permits. Enforcement Noncompliance with water quality requirements contained in HAR, Chapter 11-54 and/or permitting requirements specified in HAR, Chapter 11-55 may be subject to penalties of$25,000 per day per violation. • Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative, civil and criminal penalties for such violations. Polluted Runoff Control • Manage projects identified in watershed-based plans that reduce polluted runoff and educate the public about nonpoint source pollution. Projects are selected through an annual request for proposals. Funding is provided by the EPA through the Clean Water Act. For more information on projects and funding opportunities,please visit: u-"w.hawaii..gov/doh/Tollutedrunoffcontrol. Michael Yee February 23, 2018 Page 4 of 4 If you have any questions,please contact Ms. Joanne Seto, Supervisor of the Engineering Section, CWB, at(808)586-4309. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. - Should there be any questions on this matter,please contact the Department of Health at 93 3- 0917. We recommend that you review all of the Standard Comments on our website: httl2:Hhawaii.gov/health/environmental/env-planning/landuse/landuse.html. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist)created by Built Environment Working Group(BEWG)of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers, planners,engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. DAVID Y.IGE o F„ ELIZABETH A.CHAR,M.D. GOVERNOR OF HAWAII p g es 9 y DIRECTOR OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: August 18, 2021 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Amendment to Change of Zone Ordinance No. 18-115 (REZ 1049) Applicant: West Hawaii Business Park, LLC Request: Amendment to Condition J, Add New Condition N and Add New Condition O TMK: 7-4-008:013, 030, 074, 076-078, 084, 085, & 090-100 This office has no additional comments to those made previously. Reference is made to February 23, 2018 letter to the Planning Director. Dept.Planning Exhib1t,- - 7 — DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell Y. Tsuji Ref: Amendment to Change of Zone Ordinance 18-115 (REZ 1049) Conditions Location: Honokohau 1 and 2, North Kona, Island of Hawaii TMK(s): (3) 7-4-008: 013, 030, 074, 076-078, 084, 085, & 090-100 Applicant: County of Hawaii on behalf of West Hawaii Business Park LLC COMMENTS The rules and regulations of the National Flood Insurance Program (NFIP), Title 44 of the Code of Federal Regulations (44CFR), are in effect when development falls within a Special Flood Hazard Area (high-risk areas). State projects are required to comply with 44CFR regulations as stipulated in Section 60.12. Be advised that 44CFR reflects the minimum standards as set forth by the NFIP. Local community flood ordinances may stipulate higher standards that can be more restrictive and would take precedence over the minimum NFIP standards. The owner of the project property and/or their representative is responsible to research the Flood Hazard Zone designation for the project. Flood Hazard Zones are designated on FEMA's Flood Insurance Rate Maps (FIRM), which can be viewed on our Flood Hazard Assessment Tool (FHAT) (http://gis.hawaiinfip.org/FHAT). If there are questions regarding the local flood ordinances, please contact the applicable County NFIP coordinating agency below: o Oahu: City and County of Honolulu, Department of Planning and Permitting (808) 768-8098. o Hawaii Island: County of Hawaii, Department of Public Works (808) 961-8327. o Maui/Molokai/Lanai County of Maui, Department of Planning (808) 270-7253. o Kauai: County of Kauai, Department of Public Works (808) 241-4896. Signed: ARTY S. MANG, CHIEF ENGINEER Date: Aug 10, 2021 Planning Dept. xh,ib DAVIDY.IGE *� w JADE T.BUTAY GOVERNOR DIRECTOR r R ✓ Deputy Directors 4 LYNN A.S.ARAKI-REGAN ' ,rr JJ"v DEREK J.CHOW ROSS M.HIGASHI 1a A,rwiu EDWIN H.SNIFFEN STATE OF HAWAII IN REPLY REFER TO: DEPARTMENT OF TRANSPORTATION DIR 0773 869 PUNCHBOWL STREET STP 8.3246 HONOLULU, HAWAII 96813-5097 August 27, 2021 VIA EMAIL: planning@hawaiicounty.gov Mr. Zendo Kern Planning Director County of Hawaii Planning Department East Hawaii Office 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Attention: Christian Kay Dear Mr. Kern: Subject: Amendment to Change of Zone Ordinance No. 18-115 (REZ 1049) West Hawaii Business Park, LLC (WHBP LLC) Honokohau 1 and 2, North Kona, Hawaii Island Tax Map Key (TMK): (3) 7-4-008: 013, 030, 074, 076-078, 084, 085 & 90-100 Thank you for the memorandum dated August 5, 2021 requesting the State of Hawaii Department of Transportation's (HDOT)review and comments on the proposed amendment application. HDOT understands that WHBP LLC through its Managing Member, Lanihau Properties, LLC, is requesting to amend Condition J of Ordinance 18-115 and add new conditions "N" and"O" to allow for phased construction of the Kamanu Street Extension. HDOT has the following comments: Airports Division (HDOT-A) The West Hawaii Business Park is approximately 3.4 miles from the end of Runway 35 at Ellison Onizuka Kona International Airport at Keahole. All projects within 5 miles from Hawaii State airports are advised to read the Technical Assistance Memorandum (TAM) for guidance with development and activities that may require further review and permits. The TAM can be viewed at this link: http://files.hawaii.gov/dbedt/op/docs/TAM-FAA-DOT-Airports_08-01- 2016.pdf. Highways Division (HDOT-HWY) 1. The HDOT reviewed and accepted the 2017 Traffic Impact Report (TIR) in a comment Planning Dept. letter(STP 8.2386, April 10, 2018) on the previous request for amendment. Ex hibit . Mr. Zendo Kern STP 8.3246 August 27, 2021 Page 2 2. The HDOT reviewed the June 2018 Supplemental Traffic Assessment(TA) that assessed the potential for queuing at the two WHBP intersections with Queen Kaahumanu Highway and assessed a range of Phase 1 land use intensities greater than the 2017 TIR assumption of 20 percent(%) Floor Area Ratio. 3. The HDOT concurs with the Wilson Okamoto Corporation's July 12, 2021 letter in the application, affirming the findings, conclusions, and recommendations of the November 2017 TIR and the June 2018 Supplemental TA continue to be valid and no additional traffic studies are required to support the proposed amendment. 4. The HDOT comment letter(STP 8.2386, April 10, 2018) stated the Roadway Circulation Plan (Figure 2 of the 2017 TIR) met the requirements of Condition L Implementation of the Roadway Circulation Plan is pending. 5. The proposed amendments and related roadway improvements are consistent with the Overall Circulation Plan. The phasing and timing of the development will coincide with roadway improvements. Therefore, the proposed amendments would have no significant direct impact to State highways. 6. The LUC Docket Number A00-730 Condition 6a, as follows, is relevant to State highways: "The Petitioner shall contribute its fair share and reasonable pro-rata funding and construction of regional transportation improvements and programs for the Petition area to the satisfaction of the HDOT." There has been no action on this Condition. We recommend the Petitioner initiate discussions with HDOT-HWY to discuss compliance with this condition, in consideration of financial commitments that are specified in the conditions for Ordinance Number 18-115. If there are any questions,please contact Mr. Blayne Nikaido of the HDOT Statewide Transportation Planning Office at(808) 831-7979 or via email at blayne.h.nikaido@hawaii.gov. Sincerely JADE T. BUTAY Director of Transportation CAI �.,o,I- AWAII 96720 ��fil� f��_fii ( ;i try ' i.l'a,ryi (808)987-7336 2021 FwQ:3 October 1 , 021 Zendca F errm, Director County my ofHawaii Planning Department 101 Pauuahi Street Suite Blilo, Hawaii 96720- 04 Dear Director Kern. ub ect: Amendment to Change of Zone Ordinance No. 18-115 (R 1049)) West l lawa.ii Business Park,, LLC:' l cancakohau land?,North Kona, 1Bawaii Island. 'Fax Map Key ("1"11 K): ( ) 7-4-008: 013, 030, 074, O17 -(178, 084, 085 & 90-100 This is to acknowledge receipt cal`"a copy ofthe memorandum dated September 7, 2021 from the Hawaii County Department cat'Public Works, l'n ineering Division regarding 'Vest Hawaii Bumsivacss Park 1.1.,C,'s (WI 1B P) proposed amendment to Ordinance No. 1.8-1 15 by anacndin , Condition J and adding proposed new Conditions N and 0. WHBP appreciates DPW's confirmation that it has no obJectinns to the proposed amendment to Condition .1 and the proposed new Conditions 0 and N. Should you have any questions concerning this matter,please do not hesitate to call nee, at 8,08) 987-73,36. Sincerely, m .. Gilliam I,- Moore President. ` c: Riley Smith, W1-1BP/Lanihauu Properties Robyn Matsumx1010, B)1'W Engineering, Division Planning Depi. Exhibit u. „1 mm ,„ WILLIAm L. MOORE PLANNING, INC. 159 IIAL wt s't'Rt^"<ET H LO, HAWAII 96720 GH PLANNING ti DEF`7. (808)987-7336 GCT 1.5 2021.P,!3 . « wvlra morn( outlook.cona RE("M Fits NT) DELIVERED 1t 1::RE October 15, 2021 endo Kern, Director County of Ilawaii Planning,Department. 10 1 Pauahi Street, Suite 3 Ili.lo, I--lawaii 96720-3043 Dear Director Kern: Subject: Amendanent to Change of Zane; Ordinance No, 1 -115 (REZ1049) West Ilawaii Business Park, l: LC Ilonokohau Land?, North Kona, Ilawwraii Island Fax Map Key (TMK) (3) 7-4-008: 013, 030, 074 076-07 , 084, 085 & 90-100 This is to acknowledge receipt cal`a copy ofthe memorandum dated August 18, 2021 from tla.e State Department of Health's Distract Environmental I lealth. Program Chief regarding West Ilawvaii Business Park LLC"s (W1--IBP) proposed amendment to Ordinance No. 1 -115 by anaendingg Condition J and adding proposed new Conditions N and.O. This mernorandurn referenced its i�rcvous coanments dated February 73, 2018 regarding a prior 1 an-tendment request front WFIBP that the proposed development would need to comply with the applicable D01.1 requirements. 'vest 1-la aaii Business Park LI.,C:, its successors or assigns, will ensure that all development activities are in compliance with the required DOF I requirements. In this regard, CC&I s as wwrell. as a Pollution Prevention Plan has been adopted for the development area which requires all development activities to be in compliance with applicable laws and regulations. Should you have any questions concerning this matter, please do not hesitate to call me at( 08) 87 336. Sincerely„ William L Moore President. c: Miley Smith WI-IBP/Lanihau Properties Erie I-l:onda, Chief, l OT' District Environnaent<al Ilealth Program Planning Depi. Exhibitu. mm ,„ WILLIAm L. MOOR) PLANNING, INC. 159 HALM S"FREET Hn,o, HAWAII 96720 (,"GH PLAPINING DEF'T (808)987-7336 0(,"115 2021 r:m='7 whnoore(W7,1outlook.com RECT HIAND DI-1,1VERED October 15, 2021 Zendo Kern, Director County of Hawaii Planning-Department 101 Pauahi Street, Suite 3 1-filo, Hawaii 96720-3043 Dcar Director Kern: Subject. Amendment to Change of Zone Ordinance No. 18-115 (REZI 049) West Flawaii Business Park, LLC, flonokohau land2, North Kona, Hawaii Island Tax Map Key (TMK): (3) 7-4-008: 013, 030, 074, 076-078, 084, 085 & 90-100 'This is to acknowledge receipt ol'a copy of the letter dated September 7, 2021 from the State of Hawaii Department of Land and Natural. Resources, (DLNR) regarding West Hawaii Business Park LLC's (WH13P) proposed amendment to Ordinance No. 18-115 by amending Condition J and adding proposed new Conditions N and 0. This is letter included cornments 1rom, the DLNR Engineering Division regarding the National Flood Insurance Program (NFIP) requirements within high risk areas. 1"he West Flawaii Business Park is situated mauka (cast) of Queen Kaahurnanu Highway and is over one-half mile firom the shoreline, Furthermore, there are no drainage ways or water courses situated within the pr(rwJect area. Accordingly, the DLL R Ilood Hazard Assessment, the entire protect area is within Zone "Y' and therefore the NFIP requirements within high risk areas do not apply to the development area. Should you have any questions concerning this rn.alter, please do not hesitate to call me at(808) 987-7336 Sincerely, I ?:AfA W1#r1^Q1 William L Moore President Xe- Riley Smith, WFIBP/Lanihau Properties Carty S. Chang, Chief Engincer, I)LNR Engineering Division Nanni � Dep,t. Ex hi lo It--, WILLIAm L. MOORE PLANNING, INC. 159 J-1ALA1 STREET 15 2021. F,,�,Q,2"J HIL0,HAWAII 96720 (808)987-7336 w lmmm oo re(4m outfook.com October 15, 2021 Zendo, Kern, Director County of Flawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Dear Director Kern: Subject: Amendment to Change of Zone Ordinance No . 18-115 (REZ 1049) West I lawaii Business Park, [.J.,C Honokohau I and2, North Kona, Hawaii Island Tax Map Key (TM ). (3) 7-4-008: 013, 030, 074, 076-078, 084, 085 & 90-100 This is to acknowledge receipt ofa copy of the letter dated August,27, 2021 frorn the State Department of'rransportation (DOT) regarding the West fiawaij Business Park LLCs (WHBP) proposed amendment to Ordinance No, 18-115 by amending Condition J and adding proposed new Conditions Nand O With respect to the comments provided by the Airports Division, WIJBP, its Successor or assigns, will comply with all applicable Federid Aviation Administration (TA A)i�ecluireiizet)tsli-egtilatiol),S. Information on the FAA requirements will be provided to ruture developers within the West I lawaij Business Park. The hollowing are the responses to the comments provided by the DOTI-lighways Division, Comment 1. The 11D01' reviewed and accepted the 20177'raffic Impact Report (TIR) in a cornment letter (STP8,2386, Apri110, 2018) on the previous request J"or amendjuern, Re-sponNe: W11BP appreciates DO"I"s confirmation that 2017 'rlR has been reviewed and accepted. Comment 2 and 3, The H DOT reviewed the June 2018 Supplemental 'J"raffic Assessment (TA) that assessed the potential for queuing at the two WHBP intersections with Queen Kaahurnanu Highway and assessed a range of Phase 1, land use intensities greater than the 2017 TIT. assumption ot'20 percent (%) Floor Area Ratio. Planning Dept. Exhib It Planning Director October 15, 2021 Page No. 2 The I MOT concurs with the Wilson Okamoto Corporation's July 12, 2021 letter in the application, affirming the findings, conclusions, and recommendations of t�he November 2017TIR and the June 2018 SLIpplernental I'A continue to be valid and no additional traffic Studies are required to support the proposed amendment,, Response: WIJBFI appreciates DOT's confirmation that it affirms the findings, conclusions and recommendations ofthe 2018 Supplemental Traffic Assessment and that no additional traffic studies are required f'or the proposed amendment. Comment 4. "file I IM)Tcon-iment letter(STP 8.2386, April 10, 2018) stated the Roadway Circulation Plan (I"igure 2 ofthe 2017 'HR') met the requirements of Condition 1. Implementation of' the Roadway Circulation Plan is pending, Response: WFIBP is continuing to implement the approved West Hawaii Business Park Circulation Plan as it builds out the industrial project. Corrinlent :5. The proposed amendments and related roadway improvements are consistent with the Overall Circulation Plan. 'The phasing and tinning, of the development will coincide with roadway improvements, Therefore, the proposed amendments would have no significant direct impact to State highways, Response: WFIBP appreciates DOT"s confirmation that proposed prowjeet and related improvements are consistent with the approved Circulation Plan and the development will have no significant impact to State I fighways. Comnletit 6. The H J(.,. Docket Number AOO�-730 Condition 6a,as follows, is relevant to State highways: "The Petitioner shall contribute its fair share and reasonable pro-ratan funding and construction of regional transportation improvements and programs for the Petition area to the satisfaction ofthe 11DO'E" ']'here has been no action on this Condition. We recommend the Petitioner initiate discussions with IlDo-r-iiwy to discuss compliance with this condition, in consideration of financial commitments that are specified in the conditions for Ordinance Number 18-115. Response: Since the approval of LUC Docket No. AOO-730 in 2000, WIJBP has acknowledged that it will comply with this condition as required by the DOT. To date, WHBP has not received any direction or information oil the establishment ofa program/process that Would identify the pr(ject's "Fair share and reasonable pro-rata Planning Director October 1.5, 2021 Page No. 3 funding ofregional transportation improvements. In response to this letter, WFIBP has initiated discussions with HDOT' regarding compliance with this condition. Should you have any questions concerning this matter, please do not licsitate to call me at (808) 987-7336 Sincerely, William L. Moore, President Xc- Riley Smith, WHBP/Lanihau Properties Jade T. BLitay, Director, State of Hawaii Department cif Transportation. Blayne Nikaido, Do,r Statewide Transportation Planning Office.