HomeMy WebLinkAboutPD BACKGROUND REPORT (PL-SPP-2021-000005) BNiuHewettSPP.12.28.2021
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
JOHN KUUALOHA HEWETT & PATRINA TINE NIU-HEWETT
SPECIAL PERNHT APPLICATION (PL-SPP-2021-000005)
JOHN KUUALOHA HEWETT & PATRINA TINE NIU-HEWETT is requesting a Special
Permit for the operation of a self-storage and mailing service facility and related improvements on
an approximately 1.64-acre property in the State Land Use Agricultural District. The subject
property is located at 16-308 `Ainaloa Boulevard in the Orchid Land Estates Subdivision,
approximately 1 mile southwest of its intersection with Kea`au-Pahoa Road, or Highway 130,
directly across from the `Ainaloa Longhouse complex, Orchidland Estates Subdivision, Kea`au,
Hawaii, TNM: (3) 1-6-008:328.
APPLICANTS' REOUEST
1. Request: The applicant, is requesting a Special Permit to establish a self-storage and
mailing service facility on 1.64-acres of land which will consist of the following:
■ Self-Storage Buildings: Five (5) buildings totaling 18,000 square feet of gross floor
area with a total of 180 rentable storage units that are each 100 square feet (10'x10)
in size: Three (3) of the buildings will each total 4,000 square feet(20' x 200')in size
and contain about 120 storage units in total. The remaining two (2)building will each
total, 3,000 feet(20' x 150')in size and contain the remaining 60 storage units.
■ Office Building: One (1), two (2)-story, 960-square foot building (24' x40'), in size,
will be used for an office and mailing service facility on the ground floor and a
residence for an on-site operator/caretaker on the second floor.
■ Water Catchment Tanks: Two (2) non-potable water catchment tanks are planned
to provide a total storage of at least 51,000 gallons to satisfy Fire Code requirement
for fire protection and a separate water holding tank for potable water.
■ Access/Parking: The existing driveway from `Ainaloa Boulevard will be improved
into a 24-foot-wide paved driveway and a 14 stall,paved parking lot including one(1)
ADA accessible stall will be constructed.
2. Employees: The applicant is proposing one full-time employee for the business.
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3. Hours of Operation: The applicant is proposing to operate the facility from 6:00 a.m. to
6:00 p.m., daily.
4. Supportive Information: The applicant has submitted the attached in support of
the request: (Planning Department Exhibit 1 — Special Permit Application dated
September 21, 2021).
5. Landowner: John Kuualoha Hewett and Patrina Tine Niu-Hewett.
BACKGROUND INFORMATION
6. January 21, 2012: The Planning Commission approved Special Permit No. 12-000132 to
establish a convenience store with a certified kitchen on the subject property
(TMKs: (3) 1-6-008:240 and 241 prior to consolidation) and adjacent parcels.
7. February 5, 2018: The Planning Director approved the applicants' request to revoke
Special Permit No. 12-000132, as they stated they had no intention of establishing and
operating a convenience store with a certified kitchen.
8. June 7, 2018: The Planning Department approved Subdivision No. SUB-17-001774 to
consolidate TMKs: (3) 1-6-008:240 and 241 and re-subdivide them into four (4) lots;
parcels 240, 241, 327, and 328 (subject parcel).
STATE AND COUNTY PLANS
9. State Land Use (SLU) District: Agricultural District.
10. County Zoning: Agricultural 1-acre (A-la).
11. General Plan (LUPAG) Map Designation: Rural (rur). This designation includes
existing subdivisions in the State Land Use Agricultural and Rural districts that have a
significant residential component, including the Orchidland Estates, `Ainaloa, and
Hawaiian Paradise Park subdivisions. Typical lot sizes vary from 9,000-square feet to two
acres. These subdivisions may contain small farms, wooded areas, and open fields as well
as residenes. Allowable uses within these areas, with appropriate zoning, may include
commercial facilities that serve the residential and agricultural uses in the area, and
community and public facilities.
12. Puna Community Development Plan (PCDP): The subject property is located between
the Orchidland and `Ainaloa neighborhood village centers. The Orchidland neighborhood
village center was identitified by the community association in the "Orchidland Estate
Design Plan 2007" and is located along Orchidland Drive from Highway 130 to halfway
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between 34th and 35th Avenues. The `Ainaloa neighborhood village center is located about
halfway between `Ainaloa Boulevard and `Ainaloa Drive, between Tree Fern Drive and
Rainbow Drive. Thus the subject property is not situated within any designated village
center locations suggested by the PCDP.
13. Special Management Area (SMA): The subject property is located approximately five
and a half(5.5) miles from the nearest coastline and is not within the Special Management
Area.
DESCRIPTION OF PROPERTY AND SURROUNDING AREAS
14. Subject Property: The subject property is approximately 1.64 acres in size and is
rectangular in shape and relatively level. The property is currently vacant of uses and has
previously been graded. It is landscaped with grass and surrounded on the north, west and
south side by a rock wall and fencing.
15. Surrounding Zoning/Land Uses: The properties immediately surrounding the subject
property are zoned Agricultural 1-acre (A-la) and are in agricultural and residential use.
The `Ainaloa Longhouse which serves as the community center for the `Ainaloa
Subdivision, is located across `Ainaloa Boulevard on property zoned Open (ope). A
volunteer fire station, post office boxes and a community park are also located on the
Longhouse property. The closest dwelling is located about 35 feet away on the adjacent lot
to the north. There are also dwellings located to the east, across 371' Avenue and on the
adjacent lot to the west. The landowner of the subject property also currently owns the
three vacant adjacent properties directly to the east.
16. U.S.D.A. Soil Type:Pahoehoe Lava Flows(rLW). Pahoehoe lava has no soil covering and
is typically bare of vegetation except for mosses and lichens.
17. Land Study Bureau Soil Rating: The overall crop productivity rating for soils on the
subject property is "E" or"Very Poor".
18. ALISH: Unclassified.
19. Flood Zone: The property is located entirely within Floor Zone "X", which is an area
determined by FEMA to be outside of the 500-year flood plain.
20. Flora/Faunal Resources: No formal floral or faunal studies were conducted of the
property because it has been graded in the past and is regularly mowed.
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21. Archaeological/Cultural/Historical Resources: The property is not listed on the Hawai`i
State or National Register of Historic Places.No formal archeological study was conducted
on the site as it has been graded in the past. In a letter dated March 31, 2009, the DLNR-
SHPD determined that no historic properties will be affected by development of the
property.
22. Public Access: There is no public coastal or mountain access that traverses through this
private property.
23. Traffic: According to the applicant, the proposed use would generate a modest increase
in traffic to the subject property. Per the Institute of Transportation Engineers (ITE) Trip
Generation manual, an approximately 18,000-square foot, self-storage operation would
generate an estimated 3.06 peak hour vehicle trips, and the proposed mailing service
facility would generate an estimated 10.75 peak hour trips. Using the ITE Trip Generation
manual,the combined number of trips that the proposed storage facility and mailing service
facility are expected to generate is approximately 13.81 peak hour trips,thus does not meet
the minimum 50 peak hour trips to trigger the requirement of a Traffic Impact Analysis
Report (TIAR) under the concurrency section of the Zoning Code.
PUBLIC SERVICES AND FACILITIES
24. Access: The subject property has frontage along `Ainaloa Boulevard. `Ainaloa Boulevard
is a two-lane paved County roadway, classified by the General Plan as a collector, with a
right-of-way width of 60 feet. The applicant proposes one 24-foot-wide paved driveway
access to the property from `Ainaloa Boulevard to serve the proposed project.
25. Water: According to the Department of Water Supply (DWS), water is not currently
available to the subject property,with the closest waterline located about one(1)mile away
within Highway 130. According to the applicant, the proposed project will include two (2)
catchment tanks providing a total storage of at least 51,000 gallons for fire suppression and
a separate water holding tank for potable water for use by the proposed residence.
26. Wastewater: As there is no municipal sewer system in the area,wastewater generated by
the proposed project will be disposed of by an individual wastewater system(s) meeting
the requirements of the Department of Health.
27. 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 nearest County transfer
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station. Refuse collected at the Hilo landfill will be eventually transported to the West
Hawaii Sanitary Landfill.
28. Other Essential Utilities and Services: Electric, internet, and telephone currently serve
the subject parcel. Police and fire services are located approximately 3.5 miles away in
Pahoa.
AGENCY COMMENTS
29. Department of Public Works: Planning Department Exhibit 2 - October 12, 2021
Memo.
30. Department of Water Supply: Planning Department Exhibit 3 — October 15, 2021
Memo.
31. Department of Environmental Management: Planning Department Exhibit 4 -
October 22, 2021 Memo.
32. State Department of Health: Planning Dpeartment Exhibit 5 — October 19, 2021
Memo.
33. State Department of Transportation: Planning Department Exhibit 6—November 15,
2021 Memo.
34. State Office of Planning and Sustainable Development: Planning Department Exhibit
7 — October 28, 2021 Memo.
35. State Department of Land and Natural Resources Division of Forestry and Wildlife:
Planning Department Exhibit 8—November 18, 2021 Memo.
36. State Department of Land and Natural Resources Engineering Division: Planning
Department Exibit 9— October 12, 2021 Memo.
AGENCIES —NO COMMENTS/CONCERNS
37. Police Department; State Department of Land and Natural Resources Land Division.
AGENCIES/ORGANIZATIONS —NO RESPONSE
38. Fire Department; State Land Use Commission (LUC); State Department of Agriculture,
`Ainaloa Community Association, Orchidland Community Association.
APPLICANT'S RESPONSE TO AGENCY COMMENTS
39. Planning Department Exhibit 10 — Letter dated December 17, 2021 from Land
Planning Hawaii, LLC.
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PUBLIC COMMENTS
40. As of the date of this writing, the Planning Department has not received any objections
from the general public or adjacent landowners.
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LAN D'o '"
PLANNING t* 194 Wiwoole St. Hilo, HI 96720
(808) 333-3393
HAWAII LLC info@landplanninghawaii.com
September 21, 2021
Mr. Jeffrey Darrow, Deputy Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Darrow:
Subject: Special Permit Application
Applicant: John Kuualoha Hewett & Patrina Tine Niu-Hewett
Orchid Land Estates, Puna, Hawaii TMK: (3) 1-6-008: 328
Transmitted here within for your review and processing is an application requesting a
Special Permit for the above referenced applicant for the operation of a self-storage facility
and mailing service. The subject site is located at 16-308 Ainaloa Boulevard in the Orchid
Land Estates Subdivision, approximately 1 mile southwest of its intersection with Kea`au-
Pahoa Road, or Highway 130. The subject parcel is 1.64 acres zoned Agriculture I-acre (A-
1 a).
The transmittal includes: a)the completed application forms (one application form signed by
each landowner); b) a letter of authorization allowing my office to file the application on the
landowners' behalf, c) a list of surrounding property owners within five hundred (500) feet
of the subject parcel; d) a certificate of tax clearance from the Hawaii County Real Property
Tax Office; and e)the background/environmental report, which includes the location and
proposed site plan. Further a payment of$500.00 for the County filing fee will be paid via
electronic check.
We trust that everything is in order for your acceptance and processing of this application.
If not or if there are questions relating to this matter, please feel free to direct them to me.
Thank you very much.
Sincerely,
John Pipan
Planning Administrator
Enclosures
Copy— John Kuualoha Hewett & Patrina Tine Niu-Hewett
Planning Dept.
Exhibit 1
SPECIAL PERMIT APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or Print the requested information)
APPLICANT John Kuualo a Hewett& Patrina Tine Niu-Hewett ^^
> APPLICANT'S SIGNATURE: �11�AJ( DATE:
ADDRESS: P.O. Box 57d, Hilo, HI 96720-8763
LIST APPLICANT'S INTEREST IF NOT OWNER:
---- - TELEPHONE: (Bus.40 6 (c� `6q I I (Home)r����
REQUEST: To construct and operate a self-storage facility and mailing service
TAX NIAp KEY: (3) 1-6-008: 328 ZONING: A-1 a
AREA OF PROPERTY/AREA OF REQUESTED USE 1.64 acres / 1.64 acres
LANDOWNER: John Kuualoha Hewett & Patrina Tine Niu-Hewett
LANDOWNER'S SIGNATURE: DATE:
(May be by letter)
LANDOWNER'S ADDRESS: P.O. Box 5763, Hilo, HI 96720-8763
AGENT: Land Planning Hawaii LLC
ADDRESS: 194 Wiwoole Street Hilo HI 96720
TELEPHONE: (Bus.)(808) 333-3393 (Home) (Fax)
Please indicate to whom original correspondence and copies should be sent to:
ORIGINAL Agent COPIES: Applicant
SPECIAL PERMIT APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or Print the requested information)
APPLICANT John Kuualoha HeWetM Patrina Tine Niu-Hewett
APPLICANT'S SIGNATURE: DATE:
ADDRESS: P.O. Box 5763, H , HI 96720-8763
LIST APPLICANT'S INTEREST IF NOT OWNER:
TELEPHONE: (Bus. �0 kg- (Home)t'80$Il2 •3�4'2(Fax) ( �ti )9 3 -tea k
REQUEST: To construct and operate a self-storage facility and mailing service
TAX NIAp KEY. (3) 1-6-008: 328 ZONING: A-1 a
AREA OF PROPERTY/AREA OF REQUESTED USE 1.64 acres i 1.64 acres
LANDOWNER. John Kuualoha H ett &.Patrina Tine Niu-Hewett
---� LANDOWNER'S SIGNATURE: Lk�� DATE:
(May be by letter)
LANDOWNER'S ADDRESS: P.O. ox 5763. Hilo, HI 96720-8763
AGENT: Land Planning Hawaii LLC
ADDRESS: 194 Wwoole Street, Hilo, HI 96720
TELEPHONE: (Bus.)� 333-3393 (Home) (Fax)
Please indicate to whom original correspondence and copies should be sent to:
ORIGINAL Agent COPIES: Applicant
TO WHOM IT MAY CONCERN:
As landowners of parcel identified by TMK: (3) 1-6-008: 328,we hereby consent and authorize
Land Planning Hawaii LLC to file and process a Special Permit Application on our behalf.
V L( &m a
Jo Kuualoha Hewett (DATE)
C� iy ao�
Patin ine Niu-Hewett (DATE)
COUNTY BACKGROUND & ENVIRONMENTAL REPORT
COUNTY SPECIAL PERMIT REQUEST
JOHN KUUALOHA HEWETT AND PATRINA NIU-HEWETT
AINALOA, PAHOA, PUNA, HAWAII
TMK: (3) 1-6-008: 328
1
Table of Contents
I. INTRODUCTION............................................................................................................
II. PROJECT DESCRIPTION.............................................................................................
3A. Project Concept and Components............................................................................. 3
3B. Subject Property Description .................................................................................... 6
3C. Institutional Considerations.......................................................................................7
StateLand Use .......................................................................................................... 7
County Zoning and General Plan.............................................................................. 7
Puna Community Development Plan........................................................................ 8
3D. Surrounding Zoning and Land Uses........................................................................ 11
3E. Flood Insurance Rate Map ...................................................................................... 11
3F. Archaeological Resources....................................................................................... 11
3G. Floral and Faunal Resources................................................................................... 11
3H. Valued Cultural Resources...................................................................................... 13
3I. Public Access .......................................................................................................... 13
3J. Description of Access.............................................................................................. 13
3K. Traffic Impacts........................................................................................................ 13
3L. Availability of Utilities............................................................................................ 14
III. REGULATORY ANALYSIS ..........................................................................................
4A. Coastal Zone Management...................................................................................... 14
4B. Impacts to Surrounding Properties.......................................................................... 15
4C. Impacts to Public Agencies..................................................................................... 15
4D. Unusual Conditions................................................................................................. 15
4E. Land Suitability for Permitted Uses........................................................................ 16
4F. Land Character and Present Use ............................................................................. 16
4G. Relationship to General Plan................................................................................... 16
4H. Unusual and Reasonable Use.................................................................................. 16
Figures
1. Location Map...........................................................................................4
2. Conceptual Site Plan..................................................................................5
3. Ainaloa Neighborhood Community Center Map.................................................10
4. FIRM Flood Map.....................................................................................12
2
I. INTRODUCTION
Patrina Niu-Hewett and John Kuualoha Hewett("applicants") are requesting a Special
Permit for the operation of a self-storage facility and mailing service. The property is located
at 16-308 Ainaloa Boulevard in the Orchid Land Estates Subdivision, approximately 1 mile
southwest of its intersection with Kea`au-Pahoa Road, or Highway 130 (Figure 1). The
subject parcel is 1.64 acres zoned Agriculture 1-acre (A-la).
If approved, the applicants wish to build a self-storage facility and provide mailing services.
The property would be equipped with five (5) storage buildings, three (3) of which will be
4,000 square feet(20x200), two (2) 3,000 square feet(20x150). The facilities will have
fourteen (14) parking stalls, including one (1) ADA accessible parking space. A 2-story 960
square foot building, loading zone and two catchment tanks totaling or exceeding 51,000
gallons would be on the east side of the property (Figure 2). Access would be from Ainaloa
Boulevard only. A perimeter fence and planting would be incorporated to buffer potential
noise and visual impacts.
IL PROJECT DESCRIPTION
3A. Proiect Concept and Components
The applicants are respectfully requesting a special permit to operate a self-storage
facility and mailing service. The applicants request the following elements to be allowed
as part of the Special Permit:
1. Buildings:
a. Three (3) 4,000 square foot(20x200)building for storage
b. Two (2) 3,000 square foot(20x150)buildings for storage
c. One 2-story 960 square foot(40x24) building for an office and mailing
services
2. The 2nd story of the office structure is intended for residential use by the on-
site operator/caretaker.
3. Parking: fourteen (14)parking stalls, including one (1) accessible parking
space
4. Catchment tanks: Two catchment tanks are planned with a total storage of at
least 51,000 gallons to satisfy Fire Code storage requirements.
5. Access: An existing driveway to Ainaloa Boulevard is proposed as the site
access.
6. Employment: One full-time employee
3
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7. Hours of operation: 6 a.m. to 6 p.m., 7 days per week
8. A perimeter fence and screening landscaping will mitigate potential noise and
visual impacts.
The requested self-storage service will consist of 5 buildings totaling 18,000 square-feet
of gross floor area with a total of 180 separate rentable 10'x10' storage units. The second
story of the office and mailing service building is intended to be used as the primary
residence of an on-site operator. All site driveways and parking areas are proposed to be
paved and will comply with all drainage improvement requirements including drywells or
other appropriate drainage structure as determined by a drainage study.
3B. Subiect Property Description
The subject site identified as TMK (3) 1-6-008: 328 consists of 1.64 acres zoned A-la,
Agricultural 1-acre. The parcel is located at 16-308 Ainaloa Boulevard, roughly 1 mile
southwest of its intersection with Kea`au-Pahoa road, or Highway 130.
The Land Use Pattern Allocation Guide (LUPAG) designated this land as Rural. The
Land Study Bureau classifies the soils for this property as "E" or low agricultural
productivity. This area of the Puna District is considered Lava Zone 3, on a scale ranging
from 9 to 1 (least hazardous to most). This site is located 5.5 miles inland from the ocean
and is not in a Conservation District or Special Management Area.
The property has already been grubbed and graded. The parcel is largely well-maintained
grass, with numerous pine trees planted on the property line. Other types of vegetation
surrounding the property include various ferns, ti and a few scattered albizia trees.
A similar Special Permit Application (SPP 12-000132) was approved on the subject
property for a convenience store with a commercial kitchen on parcels TMK (3) 1-6-008:
240 & 241 on June 19, 2012. These plans were formed by the previous property owner
and the applicants did not wish to pursue the previous plans. On January 25, 2018, the
applicants notified the Hawaii County Planning Department of their wish to revoke the
Special Permit. The department acknowledged the request and revoked the permit in
accordance with Planning Commission 6-5 on February 5, 2018.
The applicants then submitted a Subdivision Application (SUB-17-00174)to consolidate
the 2 existing properties noted above and re-subdivide them into four(4) lots, totaling
4.64 acres. A Variance Application (VAR-18-000475) was also submitted to the Hawaii
County Planning Department on April 9, 2018 and was acknowledged by the department
on April 20, 2018. The variance requested relief for SUB-17-00174 from constructing
minimum County dedicable water supply system improvements for the four(4)lots, as
required by Hawaii County Code, Chapter 23, Article 6, Division 2, Improvements
Required, Section 23-84, Water Supply, (1)(2). The Hawaii County Planning
Department approved SUB-17-001774 and VAR-18-000475 on June 7, 2018.
6
3C. Institutional Considerations
State Land Use
The subject site is designated State Land Use Agricultural and the special permit
will consist of 1.64 acres of land. As such, no State Land Use Commission action
is required. The County of Hawaii can process the special permit request. Based
on the Land Study Bureau Overall Master Productivity Rating, the subject
property is classified as "E" or very poor. Under the Agricultural Lands of
Importance to the State of Hawaii (ALISH) classification system, the subject site
is classified as "other" land. The U.S. Department of Agricultural Natural
Resource Conservation Service has designated the soil type for the subject site as
`2klld', Keaukaha highly decomposed plant material with 2 to 10 percent slopes,
derived from organic material over pahoehoe lava. The soil is well drained, has a
high runoff class, and is not considered to be prime agricultural land.
Hawaii Revised Statutes §205-6 allows County Planning Commissions to permit
certain unusual and reasonable uses within the Agricultural and Rural districts
other than those for which the district is classified.
Special Management Area
The subject property is approximately 5.5 miles inland from the coast and the
designated Special Management Area.
County Zoning and General Plan
The County zoning of the subject is Agricultural 1-acre (A-la). The County
General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the
parcel as Rural. Relative to this designation, the General Plan allows
consideration for a"Special Permit" on agricultural land where the requested use
meets certain criteria as outlined in Section 4 of the permit application and
chapter 205 of the Hawaii Revised Statues as amended.
General Plan Discussion
The Hawaii County General Plan serves as a guide for decision-makers in land
use matters. The proposed project is conducive to the General Plan's guidelines as
it conforms to the following goals, policies, and standards of the General Plan:
7
2.2 Goals
(a) Provide residents with opportunities to improve their quality of life through
economic development that enhances the County's natural and social
environments.
(b) Economic development and improvement shall be in balance with the
physical, social, and cultural environments of the island ofHawai`i.
(c) Strive for diversity and stability in the economic system.
(d) Provide an economic environment that allows new, expanded, or improved
economic opportunities that are compatible with the County's cultural,
natural and social environment.
(e) Strive for an economic climate that provides its residents an opportunity for
choice of occupation.
(f} Strive for diversification of the economy by strengthening existing industries
and attracting new endeavors.
(g) Strive for full employment.
14.1.2 Goals
(a) Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
14.1.3 Policies
(a) Encourage the development and maintenance of communities meeting the
needs of its residents in balance with the physical and social environment.
Discussion: Approval of the requested Special Permit would be in line with the
aforementioned economic and land use goals and policies of the General Plan by
providing a self-storage facility and mailing service. The current closest self-
storage and mailing services to this parcel are roughly 7.5 miles north or 4.5 miles
south in Keaau and Pahoa respectively.
Puna Community Development Plan
The Puna Community Development Plan (PCDP) attempts to further define the
General Plan and serves as a guide for decision-makers. The proposed change of
zone request is conducive to the following goals, objectives, and policies outlined
in the PCDP:
3.1.1 Goals
(a) Puna retains a rural character while it protects its native and cultural
resources.
(b) The quality of life improves, and economic opportunity expands for Puna's
residents
8
(c) Services and community facilities are more accessible in village/town centers
that are distributed throughout the region, including the underserved
subdivisions that have been experiencing higher levels of development growth.
Discussion: The proposed development of a self-storage facility and mailing
service will allow residents of Orchidland Estates and Ainaloa more convenient
access to services needed in these communities.
5.2.2 Criteria for Proposed Locations and Boundaries
Public uses or,facilities, especially those that people,frequently visit. Where
possible, village centers should either encompass or be located adjacent to
existing community,facilities such as churches, schools, parks, and community
centers to promote convenient walking, bicycling and transit access to these uses.
Discussion:While the proposed site is over 1-mile from the proposed location of
the Ainaloa Neighborhood Village Center discussed in the Pahoa CDP, the
proposed site is adjacent to the current Ainaloa Longhouse complex, which has
served the purpose of the Village Center while the site along Ginger Lane has
remained undeveloped. (Figure 3) This indicates that the Longhouse complex site
is a more appropriate Neighborhood Village Center as it is already providing
facilities listed in PCDP 5.2.2.
3.1.3 Actions
b. Establish the following general classifications and locations for village and
town centers in Puna:
2) Community Village Centers shall provide a more limited range of
services in smaller existing urban settlements and in large subdivisions
that are experiencing the greatest rates of build-out; namely, at `Ainaloa,
Kurtistown, Maku`u Homesteads, Mountain View, two or more locations
in Hawaiian Paradise Park, and at Volcano; and
c. Facilitate land use entitlements and other tools for the development of existing
and future village/town centers and special design districts by:
1) Recommending approval of applications for commercial zoning or use
ep rmits for existing commercial uses in designated village/town centers
that do not presently have appropriate entitlements, and or proposed uses
at appropriate nearby locations,provided that the size and use of the
Mansion area conforms to the criteria applicable to the type o�
village/town center at that location;
9
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Discussion: As discussed above, the area adjacent to the proposed Special Permit
area appears to be a better candidate for designation as a Neighborhood Village
Center and thus appropriate for this type of small-scale community serving
commercial use.
3D. Surrounding Zoning and Land Uses
Most of the surrounding area is zoned Agriculture 1-acre(A-la) and is used for low
density residential use, homesteading and small-scale agricultural pursuits. Lot sizes
north of Ainaloa Boulevard are generally 1 to 2 acres in size with a few larger 20+ acre
parcels to the southwest. Parcels on the south side of Ainaloa Boulevard are typically 1/4
acre in size and non-conforming with the existing A-1 a zoning.
The Ainaloa Longhouse complex and park are located directly across Ainaloa Boulevard
from the subject property. These parcels are designated as Open and are owned by the
Ainaloa Community Association (ACA).
3E. Flood Insurance Rate Map
The Federal Emergency Management Agency's Flood Insurance Rate Map (FIRM)
designates the area of the proposed development to be in Flood Zone X(areas outside of
the 500-year flood) (Figure 4).
3F. Archaeological Resources
It is unlikely any archaeological resources will be encountered on the property. The
subject parcel has been fully cleared for many years. As noted earlier, this parcel was
previously subdivided into four (4)lots, two (2) of which were approved to operate a
convenience store under SPP # 12-000132
However, in the event any inadvertent discoveries are made during any land disturbance
activity relating to this project, work will cease, and the applicants will immediately
notify the Planning Department and the State Department of Land and Natural Resources
and secure their clearances before proceeding further.
3G. Flora and Fauna Resources
Although there was no professional survey of the floral and faunal resources of the site,
the applicants do not believe that rare of endangered floral or faunal resources are likely
to be found on the site. The majority of the subject parcel is well-maintained grass, with
Norfolk Pine trees that border the property next to Ainaloa Boulevard. Other vegetation
that borders the northern areas of the property include various ferns, ti and a few scattered
albizia trees.
11
O!T I _
BASEMAP: FIRM BASEMAP
Flood Hazard Assessment Report
�4 1989� b
's -t www.hawaiinfip.org SPECIAL FLOOD HAZARD AREAS (SFHAs) SUBJECT TO INUNDATION BY
THE 1%ANNUAL CHANCE FLOOD -The 1%annual chance flood (100-
_.f, year),also know as the base flood,is the flood that has a 1%chance of
being equaled or exceeded in any given year.SFHAs include Zone A,AE,
'' -...... AH,AO,V,and VE.The Base Flood Elevation (BFE) is the water surface
elevation of the 1% annual chance flood. Mandatory flood insurance
Property Information Notes: purchase applies in these zones:
COUNTY: HAWAII Zone A:No BFE determined.
TMK NO: (3)1-6-008:328 Zone AE:BFE determined.
WATERSHED: KAAHAKINI
PARCEL ADDRESS: AINALOA BLVD. Zone AH:Flood depths of 1 to 3 feet(usually areas of ponding);
KEAAU,HI 96749 BFE determined.
Zone AO: Flood depths of 1 to 3 feet (usually sheet flow on
Flood Hazard Information sloping terrain);average depths determined.
FIRM INDEX DATE: SEPTEMBER 29,2017 Zone V:Coastal flood zone with velocity hazard(wave action);
LETTER OF MAP CHANGE(S): NONE no BFE determined.
FEMA FIRM PANEL: 1551661190F Zone VE:Coastal flood zone with velocity hazard(wave action);
BFE determined.
PANEL EFFECTIVE DATE: SEPTEMBER 29,2017
Zone AEF: Floodway areas in Zone AE. The floodway is the
channel of stream plus any adjacent floodplain areas that must
be kept free of encroachment so that the 1% annual chance
flood can be carried without increasing the BFE.
NON-SPECIAL FLOOD HAZARD AREA-An area in a low-to-moderate risk
THIS PROPERTY IS WITHIN A TSUNAMI EVACUTION ZONE: NO flood zone.No mandatory flood insurance purchase requirements apply,
FOR MORE INFO,VISIT:http://www.scd.hawaii.gov/ but coverage is available in participating communities.
THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: NO Zone XS(X shaded):Areas of 0.2%annual chance flood;areas of
FOR MORE INFO,VISIT:http://dlnreng.hawaii.gov/dam/ 1%annual chance flood with average depths of less than 1 foot
or with drainage areas less than 1 square mile; and areas
protected by levees from 1%annual chance flood.
Zone X:Areas determined to be outside the 0.2%annual chance
0 100 200 ft floodplain.
Disclaimer:The Hawaii Department of Land and Natural Resources(DLNR)assumes no responsibility arising from
the use,accuracy,completeness, and timeliness of any information contained in this report. Viewers/Users are OTHER FLOOD AREAS
responsible for verifying the accuracy of the information and agree to indemnify the DLNR,its officers,and employ-
ees from any liability which may arise from its use of its data or information. Zone D: Unstudied areas where flood hazards are undeter-
mined, but flooding is possible. No mandatory flood insurance
If this map has been identified as'PRELIMINARY,please note that it is being provided for informational purposes purchase apply,but coverage is available in participating commu-
and is not to be used for flood insurance rating.Contact your county floodplain manager for flood zone determina- nities.
tions to be used for compliance with local floodplain management regulations.
Figure 4
In addition, introduced bird species such as dove, Japanese White-eye, house finch and
myna are common in the area. Domestic animals such as cats, dogs, goats, chickens and
other animals such as rats and feral pigs are also common and are not considered
endangered.
3H. Valued Cultural Resources
In view of Hawaii State Supreme Court's "PASH" and"Ka Pa`akai O Ka Aina"
decisions, the issue relative to native Hawaiian gathering and fishing rights must be
addressed. Specifically, there must be a discussion of the cultural, historical and natural
resources and associated traditional and customary practices of this site.
In this situation, the subject site is not adjacent and/or proximate to the shoreline. As
such, fishing and/or coastal access is not an issue.
It is not known whether the subject parcel or immediate surrounding area have ever been
used for the gathering of plants by native Hawaiians. However, it would appear very
unlikely that the site would serve such purpose today and/or in the recent past.
There are no known archaeological features on the subject parcel.
Based on the above, it does not appear that the project would have any potential adverse
impact relating to the cultural and historical resources of this area.
3I. Public Access
The subject parcel is located approximately 5.5 miles from the shoreline. As such, no
public access will be affected by this request.
3J. Description of Access
The subject site is located off Ainaloa Boulevard, approximately 1 mile southwest of its
intersection with Kea`au-Pahoa Road, or Highway 130. Ainaloa Boulevard is a 2-lane
paved roadway with a 60-foot wide right of way and 35-foot pavement that is owned and
maintained by the County.
The applicants are proposing access to the site be provided by an existing driveway at the
southwestern corner of the property. Fire Apparatus access would be provided by a
proposed 24' wide driveway around the entire site.
3K. Traffic Impacts
Traffic on Ainaloa Boulevard is generally moderate. The recent completion of a
roundabout at the intersection of Ainaloa Boulevard and Keaau Pahoa Road and the
planned roundabout at the intersection of Orchidland Drive and Keaau Pahoa Road are
13
expected to alleviate some of the historically bad traffic conditions in this area. Traffic
impacts due to the proposed use are expected to be modest due to the general low
frequency of trips generated by self-storage use combined with the expected "passing by"
nature of trips for mailing services.
According to the Institute of Transportation Engineers (ITE) Trip Generation Manual,
10th Edition, mini-storage (ITE Land Use Code 15 1)use generates 0.17 peak hour trips/
1,000 square feet of gross floor area. For this proposed use that equates to 3.06 peak hour
trips for the proposed 18,000 square feet of gross floor area of storage units.
The ITE Trip Generation Manuals closest use to the proposed mailing service would be
the US post office standard (ITE Land Use Code 732). This use is expected to generate
11.21 peak hour trips/ 1,000 square feet of gross floor area. For the proposed mailing
service 0.960 ksf x 11.2 trips/ksf= 10.75 trips.
Combined, the proposed storage facility and mailing service are expected to generate
13.81 peak hour trips. This represents a modest increase to current traffic levels on
Ainaloa Boulevard. Further, it is anticipated that many of the trips to the facility will be
of a"passing by" nature with travelers stopping on their way to or from other
destinations. Those trips would not represent an increase in traffic over current levels as
the primary trip would have still happened without the stop at this proposed facility.
Nevertheless, some modest number of trips will be solely for this facility. In which case
the residents of Orchidland and Ainaloa will have a more convenient option for these
services nearby, without travelling to Pahoa or Keaau. In a small way these trips removed
from the Keaau-Pahoa Road will help to ease the congested over-capacity conditions of
the highway.
3L. Availability of Utilities
HELCO power is available to the site.
The subject property is not served by the County water system. The proposed use would
be served by a rainwater catchment system with at least 51,000 gallons of storage
consistent with fire suppression water supply requirements of the Fire Code.
Wastewater will be handled by Individual Wastewater Systems meeting Department of
Health Requirements, designed by a civil engineer licensed in the State of Hawaii.
III. REGULATORY ANALYSIS
4A. Coastal Zone Management
The proposed use is not contrary to Chapter 205A, Coastal Zone Management as the
subject parcel is approximately 5.5 miles from the shoreline. There are no public access,
scenic or open space resources on the subject site.
14
4B. Impacts to Surrounding Properties
The proposed development of a self-storage and mailing facility will not have significant
adverse impacts to the surrounding properties. The Ainaloa Community Association
(ACA), park and longhouse are located to the south of Ainaloa Boulevard, directly across
from the subject property. The applicants own the three 1-acre parcels to the east of the
subject parcel. There appears to be one home on a 21.88 acre parcel to the west of the
subject parcel and another structure (unclear whether a house or shed)to the north on a 2-
acre property.
There are few homes proximate to the proposed Special Permit Area and potential
impacts to those properties from the proposed use will be mitigated by screening
vegetation. The applicant intends to provide landscaping so as maintain visual effects that
are consistent with the surrounding neighborhood. The site is planned to be landscaped
with appropriate attractive species to mitigate any potential adverse noise or visual
impacts. The design of the proposed project will be aligned with the character of the
surrounding area and consistent with the pattern of development in the community.
Further, the proposed operation hours of 6AM to 6PM daily will mitigate for potential
noise impacts outside of typical workday hours.
4C. Impacts to Public Agencies
The proposed project will not unreasonably burden public agencies to provide roads and
streets, sewers, water, drainage, school improvements, and police and fire protection. The
Pahoa Police and Fire stations are located approximately 4 miles from the proposed site.
The subject site is accessible via Ainaloa Boulevard and the applicants assume the
responsibility to provide water to the property for potable use and fire suppression.
4D. Unusual Conditions
Unusual conditions, trends, and needs have arisen since the district boundaries and
regulations were established. This area of Puna contains large subdivisions such as
Orchidland Estates and Hawaiian Paradise Park Subdivision. These large subdivisions are
located between the commercial centers of Kea'au and Pahoa that support the needs of
the district. However, these towns are several miles from the subject property and even
farther from deeper within the subdivisions, and do not provide convenient access to
services for area residents.
Recent volcanic eruptions from Kilauea Volcano have displaced and disrupted the lives
of many residents in the district. Allowing a Special Permit to establish self-storage and
mailing services in an area currently used as a community center will add needed services
to a historically underserved district, while preserving the character and environmental
integrity of the Puna community.
15
4E. Land Suitability for Permitted Use
The proposed Special Permit area consists of 1.64 acres of land that is comprised of
Keaukaha highly decomposed plant material over pahoehoe lava with 2 to 10 percent
slopes. This property has little to no potential for future agricultural development due to
poor soil quality and small parcel size.
The land upon which the proposed project would be located is not suitable for agriculture
uses. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH)
classification system the subject property is "unclassified." The Land Study Bureau rated
the subject property as "E," otherwise known as the lowest productivity class.
Although it is possible that some agricultural activities may be conducted on the subject
property, the approval of the requested Special Permit would not be contrary to the
objectives of the State Land Use Law and Regulations given the soil's poor agricultural
potential and small parcel size. Therefore, approval of this request would not represent a
significant impact to the agricultural land inventory within the County and would not be
contrary to the intent and purpose of State Land Use Law.
4F. Land Character and Present Use
The proposed use will not substantially alter or change the essential character of the land.
The subject property is currently unused aside from mowing and landscape maintenance.
Any proposed use of the subject property, including residential or agricultural uses,
would represent a change to its character and present use. While the proposed self-storage
and mailing service use will change the use of the subject property, the change is
complementary to area community and public uses and will provide valuable services to
area residents.
4G. Relationship to General Plan
The proposed use will not be contrary to the goals, policies, and standards of the General
Plan and the Puna Community Development Plan. Further, as discussed in Section 3C,
the proposed use conforms to the General Plan's economic and land use goals and
policies. The proposed request clearly meets the goals of the GP outlined above. The
proposed project will provide the applicant an opportunity to provide valuable services to
area residents
4H. Unusual and Reasonable Use
The proposed use is an unusual and reasonable use of the land, which would not be
contrary to the objectives to be sought by the Land Use Law and Regulations, which, for
the Agricultural District, seek to preserve or keep the land of high agriculture potential in
agriculture usage. Lands in the Agricultural District include areas with a high capacity or
potential for agricultural uses but also lands which are surrounded by or contiguous to
agricultural lands and which are not suited to agricultural uses by reason of topography,
soils or other related characteristics.
16
The land on which the proposed self-storage and mailing services would be located is not
well suited for agricultural use. The pahoehoe lava soils on the subject property are not
classified as Important Agricultural Land under ALISH, classified by the Land Study
Bureau as E, or"very poor", and has not had recent agricultural use. Although it is
possible that some agricultural uses may be conducted on the subject property, approval
of the proposed use would not be contrary to the objectives of the State Land Use Law
and Regulations given the poor soil quality and classifications and the small parcel size.
Therefore, the proposed use would not adversely impact the agricultural land inventory in
the County of Hawaii and not be contrary to the intent and purpose of the State Land Use
Law.
17
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
H I LO, HAWAII
DATE: October 12, 2021
w4wel"449M
TO: Zendo Kern, Planning Director
" "
SUBJECT: SPECIAL PERMIT APPLICATION (PL-SPP-2021-000005)
Applicant: John Kuualoha Hewett and Patrina Tine Niu-Hewett
Request: To Establish a Self-Storage, Mailing Service Operation and
Caretaker Dwelling
TM K: 1-6-008:328
We have reviewed the subject application forwarded by your memo dated October 8,
2021, and provide the following comments-
1.
omments:1. All earthwork activity, including grading, grubbing, and stockpiling, shall conform
to Chapter 10, Erosion and Sedimentary Control, of the Hawaii County Code.
2. All driveway connections and construction within the Ainaloa Boulevard Right-of-
Way shall conform to Chapter 22, County Streets, of the Hawaii County Code.
Access to Ainaloa Boulevard (approximate pavement width = 35 ft, Right-of-Way
= 60 ft.), including the provision of adequate sight distances, shall meet with the
approval of the Department of Public Works, Engineering Division.
3. All development-generated runoff shall be disposed of on site and not directed
toward any adjacent properties. A drainage plan may be required by the Plan
Approval process in accordance with Section 25-2-72(3) of the Hawaii County
Code.
4. The subject parcel is in an area designated as Flood Zone X on the Flood
Insurance Rate Map (FIRM) by the Federal Emergency Management Agency
(FEMA). Zone X is an area determined to be outside the 500-year floodplain.
Questions may be referred to Bryce Harada at 961-8042.
Planning Dep .
Exhibit 2 County of Hawaii is an Equal Opportunity Provider and Employer
Og wAT$$8
G
❑�4f+�.�.�_ Atm
I �
= "9 DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
b 'e Hewn�z �a 345 KEKIJANAC)`ASTREET, SUITE 20 • HILO, HAWAI'I 96720
TELEPHONE (808)961-8050 • FAX(808)961-8657
October 15, 2021
CQH PLANNING DEPT
OCT 18 2021 PH.2:28
TO: Mr. Zendo Kern, Director REVD HAND] DELIVERED
Planning Department
FROM: Keith K.Okamoto, Manager-Chief Engineer
SUBJECT: Special Permit Application(SPP 2021-000005)
Applicant—John Ku`ualoha Hewett and Patrina Tine Niu-Hewett
Request—To Establish a Self-Storage,Mailing Service Operation and Caretaker
Dwelling
Tax Map Key 1-6-008:328
We have reviewed the subject application and have the following comments and conditions.
Please be informed that the subject property is not within the service limits of the Department's existing water
system facilities.
Therefore,the Department's existing water system facilities cannot support the proposed development at this
time. Extensive improvements and additions, which may include, but not be limited to source,storage, booster
pumps,transmission, and distribution facilities,would be required.
Should there be any questions, please contact Mr. Troy Samura of our Water resources and Planning Branch at
961-8070, extension 255.
Sincerely yours,
� I/W41V
Keith K. Okamoto, P.E.
Manager-Chief Engineer
TS:dfg
copy—Mr.John Ku'ualoha Hewett and Ms. Patrina Tine Niu-Hewett
Planning D e p . . . . dilater, Our Wost Precious�Rgsource. . . Xa Wai,4 �.ne. . .
Exhibit 3 The Department of Water Supply is an Equal Opportunity provider and employer.
Mitchell D.Roth
Moyor Rarnzi I. Mansour
Director
Lee E. Lord
ManGging Director Brenda D. lokepa-Moses
County of Hawail Deputy Director
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kek(Janao'a Street, Suite 41 . Hilo, Hawaii 96720
Ph: (808)961-8083 * Fax: (808)961-8086
Email: cohdem@hawaiicounty.gov
MEMORANDUM
TO: Zendo Kern, Director
Planning Department
FROM: Ramzi 1. Mansour, Direct W�11(_k � ` Q�Id_
Department of Environmental Management
DATE: October 22, 2021
SUBJECT- Special Pen-nit Application (PL-SPP-2021-000005)
Applicant: John Ku'ualoha Hewett and Patrina Tine Niu-Hewett
Request: To Establish a Self-Storage, Mailing Service Operation and
Caretaker Dwelling
Tax Map Key: (3) 1-6-008:328
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.
X 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.
(X) Construction/demolition waste is prohibited at all County Transfer Stations.
Submit Solid Waste Management Plan in accordance with attached guidelines.
Existing Solid Waste Management Plan is to be followed. Provide update to the
department on current status.
Other.
Planning Dept. County of Hawaii is an Equal opportunity Provider and Employer
Exhibit 4
Rarnzi 1. Mansour, Director
October 22, 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):
( ) o comments.
( ) Require connection of existing and/or proposed structures to the public sewer in
accordance with Section 21-5 of the Hawaii County Code.
Require Council Resolution to approve sewer extension in accordance with Section 21-
26.1 of the Hawaii County Code. Complete Sewer Extension Application.
{ ) Require extension of the sewer system to service the proposed subdivision in accordance
with Section 23-85 of the Hawaii County Code.
( ) Check or lime out as applicable: [ ] 1f required by the Director of the Department of
Environmental Management("Director of DEM"), [ ] applicant shall conduct a sewer
study in accordance with the 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.
(X) Applicant shall follow Department of Health regulations.
( ) Other:
Mpls
DAVID Y.IGE o F„ ELIZABETH A.CHAR,M.D.
GOVERNOR OF HAWAII p �g es 9 y DIRECTOR OF HEALTH
"t01°
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
HILO,HAWAII 96721-0916
MEMORANDUM
DATE: October 19, 2021
TO: Mr, Zendo Kern
Planning Director, County of Hawaii
FROM: Eric Honda
District Environmental Health Program Chief
SUBJECT: Special Permit Application (PL-2021-000005)
Applicant: John Ku'ualoha Hewett and Patrina Tine Niu-Hewett
Request: To Establish a Self-Storage, Mailing Service Operation and
Caretaker Dwelling
TMK: 1-6-008:328
Public Water Systems: The Department of Health's Safe Drinking Water Branch authority on
drinking water quality is based on the definition of a "public water system." Federal and state
regulations define a public water system as a system that serves 25 or more individuals at least
60 days per year or has at least 15 service connections. All public water system owners and
operators are required to comply with Hawaii Administrative Rules, Chapter 11-20 (HAR 11-
20), and titled "Rules Relating to Public Water Systems". All public water systems are regulated
by the Department of Health and shall be in compliance with the Hawaii Administrative Rules,
Title 11, Chapter 20. Recommend the subdivision lots be connected to an existing public water
system.
Concerns on water quality for lead, copper, algae and microbiological and chemical
contaminations in private water systems have identified the need for self monitoring. The
Department of Health does not support the use of these private rain catchment systems for
drinking purposes since the quality may not meet potable water standards.
All new public water systems are required to demonstrate and meet minimum capacity
requirements prior to their establishment, per HAR 11-20-29.5, titled "Capacity Demonstration
and Evaluation." This requirement involves demonstration that the system will have satisfactory
technical, managerial and financial capacity to enable the system to comply with safe drinking
water standards and requirements.
Projects that propose development of new sources of potable water serving or proposed to serve
a public water system must comply with the terms of HAR 11-20-29. This section requires that
Planning Deer.
Exhibit 5
Zendo Kern
October 20, 2021
Page 2 of 3
all new public water system sources be approved by the Director of Health (Director)prior to its
use. Such approval is based primarily upon the submission of a satisfactory engineering report
which addresses the requirements specified in HAR 11-20-29.
The engineering report must identify all potential sources of contamination and evaluate
alternative control measures which could be implemented to reduce or eliminate the potential for
contamination, including treatment of the water source. In addition, water quality analyses for
all regulated contaminants,performed by a laboratory certified by the State Laboratories
Division of the State of Hawaii, must be submitted as part of the report to demonstrate
compliance with all drinking water standards. Additional parameters may be required by the
Director for this submittal or additional tests required upon his or her review of the information
submitted.
All sources of public water system sources must undergo a source water assessment which will
delineate a source water protection area. This process is preliminary to the creation of a source
water protection plan for that source and activities which will take place to protect the source of
drinking water.
Projects proposing to develop new public water systems or proposing substantial modifications
to existing public water systems must receive construction plans approval by the Director prior to
construction of the proposed system or modification in accordance with HAR 11-20-30, titled
"New and Modified Public Water Systems". These projects include treatment, storage and
distribution systems of public water systems. The approval authority for projects owned and
operated by a County Board or Department of Water or Water Supply has been delegated to
them.
All public water systems must be operated by certified distribution system and water treatment
plant operators as defined by HAR 11-25 titled, "Rules Pertaining to Certification of Public
Water System Operators".
All projects which propose the use of dual water systems or the use of a non-potable water
system in proximity to an existing potable water system to meet irrigation or other needs must be
carefully design and operate these systems to prevent the cross-connection of these systems and
prevent the possibility of backflow of water from the non-potable system to the potable system.
The two (2) systems must be clearly labeled and physically separated by air gaps or reduced
pressure principle backflow prevention devices to avoid contaminating the potable water supply.
In addition backflow devices must be tested periodically to assure their proper operation.
Further, all non-potable spigots and irrigated areas should be clearly labeled with warning signs
to prevent the inadvertent consumption on non-potable water. Compliance with HAR Chapter
11-21, titled Cross-Connection and Backflow Control is also required.
All projects which propose the establishment of apotentially contaminating activity (as
identified in the Hawai'i Source Water Assessment Plan)within the source water protection area
of an existing source of water for a public water supply should address this potential and
activities that will be implemented to prevent or reduce the potential for contamination of the
drinking water source.
Zendo Kern
October 20, 2021
Page 3 of 3
For further information concerning the application of capacity, new source approval, operator
certification, source water assessment, backflow/cross-connection prevention or other public
water system programs, please contact the SDWB at 586-4258.
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.
We recommend that you review all of the Standard Comments on our website:
http://hawaii.gov/health/environmental/env-planning/landuse/landuse.html. Any comments
specifically applicable to this project should be adhered to.
The same website also features a Healthy Community Design Smart Growth Checklist
(Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State
Department of Health. The BEWG recommends that state and county planning departments,
developers, planners, engineers and other interested parties apply the healthy built environment
principles in the Checklist whenever they plan or review new developments or redevelopments
projects. We also ask you to share this list with others to increase community awareness on
healthy community design.
DAVID Y.IGEw JADE T.BUTAY
GOVERNOR w9�...s +�� DIRECTOR
Deputy Directors
DEREK J.CHOW
"`+ M `✓ ROSS M.HIGASHI
^ EDWIN H.SNIFFEN
STATE OF HAWAII IN REPLY REFER TO:
DEPARTMENT OF TRANSPORTATION HWY-2903
869 PUNCHBOWL STREET HWY-PS 2.6832
HONOLULU, HAWAII 96813-5097
November 15, 2021
VIA EMAIL: planning@hawaiicounty.gov
Mr. Jeffrey W. Darrow
Deputy Director
Department of Planning
County of Hawaii
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Attention: Ms. Tracie-Lee Camero
Dear Mr. Darrow:
Subject: Request for Comments Special Permit Application (PL-SPP 2021-000005)
Self-Storage and Mailing Service Facility
Ainaloa,Puna, Hawaii
Tax Map Key(3) 1-6-008: 328
Thank you for your letter dated October 8,2021,requesting for comments for a Special Permit
Application. The Applicant proposes to establish an operation for a self-storage and mail service facility
on a 1.64 acres project site. The proposed work includes the construction of a 960 square foot,two-story
building, five storage buildings totaling 5,000 square feet, a caretaker's dwelling and 14 new parking
spaces.
The subject site is located off Ainaloa Boulevard, County-owned, and approximately one mile from the
nearest intersection with Keaau-Pahoa Road, State Highway(Route 130). The project site is accessible
via an existing access driveway on Ainaloa Boulevard.
Based on the submitted documents, the Hawaii Department of Transportation finds that the project does
not appear to significantly impact the State highway system.
If you have any questions,please contact Jeyan Thirugnanam, Systems Planning Engineer, Highways
Division,Planning Branch at(808) 587-6336 or by email at ieyan.thirugnanainLci)hawaii.gov. Please
reference file review number PS 2021-181.
Sincerely,
1��e/—/
EDWIN H. SNIFFEN
Deputy Director, Highways Division
Planning Dept.
Exhibit 6
°F 9 STATE OF HAWAII
°1959
DAVID Y.IGE
OFFICE OF PLANNING GOVERNOR
& SUSTAINABLE DEVELOPMENT MARY ALICEEVANs
°a .�- DIRECTOR
a`s o
. ...... 235 South Beretania Street,6th Floor,Honolulu, Hawaii 96813 Telephone: (808)587-2846
61 Mailing Address: P.O. Box 2359, Honolulu, Hawaii 96804 Fax: (808)587-2824
Web:https://planning.hawaii.gov/
Coastal Zone DTS202110111049SE
Management
Program October 28, 2021
Environmental Review
Program
Jeffrey W. Darrow, Deputy Director
Land Use Commission Planning Department
Land Use Division
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Special Plans Branch
Dear Mr. Darrow:
State Transit-Oriented
Development Subject: Special Permit Application (PL-SPP 2021-000005)
Statewide Geographic Applicant: John Kuualoha Hewett and Patrina Tine Niu-Hewett
Information System Request: To Establish a Self-Storage, Mailing Service Operation and
Caretaker Dwelling
Statewide
Sustainability Program Location: Orchid Land Estates, Puna, Hawaii
Tax Map Key: (3) 1-6-008: 328
The applicants are proposing to construct and operate a self-storage facility and
mailing service on a 1.64-acre site located and accessed off Ainaloa Boulevard. The
site is located about one mile southwest of the intersection with Keaau-Pahoa Road or
Highway 130. The proposed project would consist of the construction of five (5)
storage buildings, and three (3) of these buildings will be 4,000 square feet(20 by 200
feet), two (2) 3,000 square feet(20 by 150 feet). The project also includes a two-story
square foot building for office and caretaker use containing 960-square feet, 14
parking stalls, loading zone, and two water catchment tanks containing approximately
51,000 gallons on the east side of the property. A perimeter fence and planting would
also be incorporated to buffer noise and visual impacts.
The Property is within the State Land Use Agricultural District and zoned
A-la by the County. The proposed self-storage facility and mailing service is not a
permitted use within the State Agricultural Land Use District. Consequently, the
Applicant seeks approval of a Special Permit under Hawaii County Code §25-5-72 (c)
(16) and Hawaii Revised Statutes § 205-6 for land areas 15 acres or less in size.
The adjacent parcels surrounding the Property are also in the State Agricultural
District. Soils on the Property and on surrounding agricultural parcels are unclassified
under the Agricultural Lands of Importance to the State of Hawaii system and rated
"E" or very poor in the Land Study Bureau's classification system.
Planning Dept.
Exhibit 7
Mr. Jeffrey W. Darrow
October 28, 2021
Page 2
According to the application, the project site is designated as "Rural" in the County's
Land Use Pattern Allocation Guide and in the Puna Community Development Plan (PCDP). The
application indicates that the proposed site is across from the Ainaloa Longhouse complex, the
local community center for the neighborhood. However, the PCDP has proposed a different
location for the Neighborhood Village Center in the PCDP, which is located approximately 1.3
miles away from the proposed self-storage site. Thus, the proposed site is not designated within
the County Development Plan for commercial use.
The Office of Planning and Sustainable Development(OPSD)notes that the proposal to
construct and establish a new self-storage and mailing facility is a very large commercial
enterprise in the midst of the State Agricultural Land Use District. Also, the proposal also does
not conform to the current County's Development Plan for the Puna district, which designates a
Neighborhood Village Center for appropriate commercial uses for Puna residents approximately
1.3 miles from the proposed site. Thus, allowing commercial uses for the proposed site would
encourage the spread of additional commercial uses within the State Agricultural District. This
would be similar to spot zoning within the Agricultural District which generally should not be
permitted by Special Permit.
Thank you for the opportunity to provide these comments, Should you have any
questions,please contact Lorene Maki at Lorene.k.maki(d- hawaii.gov.
Mahalo,
mor
Mary Alice Evans
Director
c. Land Use Commission
Department of Agriculture
Mori, Ashley
From: Nakamura, Darlene K <darlene.k.nakamura@hawaii.gov>
Sent: Thursday, November 18, 2021 2:42 PM
To: Planning Internet Mail
Subject: Re: Request for Comments - John & Patrina Hewett - Special Permit Application (PL-
SPP 2021-000005) - Request to Establish a Self-Storage, Mailing Service Operation
and Caretaker Dwelling - Keaau, Hawaii
Attachments: Hewett.Add'I.signed.pdf, Hewett.DOFAW Comments.pdf
Attached are additional comments from DLNR's Division of Forestry & Wildlife to the above-entitled subject
matter.
From: Nakamura, Darlene K
Sent:Tuesday, November 9, 202112:56 PM
To: planning@ hawaiicounty.gov<planning@hawaiicounty.gov>
Subject: Request for Comments -John & Patrina Hewett- Special Permit Application (PL-SPP 2021-000005)- Request to
Establish a Self-Storage, Mailing Service Operation and Caretaker Dwelling-Keaau, Hawaii
Attached are comments from the Hawaii Department of Land and Natural Resources to the above-entitled
subject project.
Planning Dep .
Exhibit -- 8 - 1
,d 4Q fJ Fmi�� SUZANNE D.CASE
CHAIRPERSON
DAVID Y.IGE yv".cP 1y59 ,
GOVERNOR HAWAII Gt ,... BOARD OF LAND AND NATURAL RESOURCES
t COMMISSION ON WATER RESOURCE
D rE dxm w MANAGEMENT
�a�d and N
ofd[
0
STATE OF HAWAII
State oPHa'N"' DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
POST OFFICE BOX 621
HONOLULU,HAWAII 96809
Nov 18,2021
County of Hawaii
Planning Department via email: plan n inaCcbhawaiicounty,gov
Attn: Ms. Tracie-Lee Camero
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Dear Ms. Camero:
SUBJECT: Special Permit Application (PL-SPP 2021-000005) — Request to Establish
a Self-Storage, Mailing Service Operation and Caretaker Dwelling located
at 16-308 Ainaloa Boulevard, Orchid Land Estates Subdivision, Keaau,
Island of Hawaii; TMK: (3) 1-6-008:328 on behalf of John & Patrina Hewett
Thank you for the opportunity to review and comment on the subject matter. In addition
to our previous comments dated November 9, 2021, enclosed are comments from the Division of
Forestry & Wildlife on the subject matter. Should you have any questions, please feel free to
contact Darlene Nakamura at(808)587-0417 or email: darlene.k,nakamura _hawaii,gov. Thank
you.
Sincerely,
Russell T,-Oi
Russell Y. Tsuji
Land Administrator
Enclosures
cc: Central Files
° C7 F wN SUZANNE D.CASE
C,HAIRPRSON
DAVID Y.IGE r9sy 9 ro DANDN TUR
GOVERNOR OF HAWAII 1 BOARD OF LAND AND NATURAL RESOURCES
CONEMSSION ON WAIER RESOURCE
pluwww MANAGEMENT
of Vand and Nar .. U Yw� aW� V is
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p mwrrrxm�^mw;'
STATE OF HAWAII
Srate of HaWaO
DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
POST OFFICE BOX 621
HONOLULU,HAWAII 96809
October 12, 2021
MEMORANDUM
TO: DLNR Agencies:
_Div. of Aquatic Resources
_Div. of Boating & Ocean Recreation
X Engineering Division (DLNR.ENGRhawaii.gov)
X Div. of Forestry& Wildlife (rubyrosa.t.terraao hawaii.gov)
Div. of State Parks
X Commission on Water Resource Management (DLNR.CWRMQ_hawaii.gov)
_Office of Conservation & Coastal Lands
X Land Division— Hawaii District (gordon.c.heithawaii.gov)
FROM: Russell Y. Tsuji, Land Administrator Russell Tsuji
SUBJECT: Special Permit Application (PL-SPP 2021-000005)— Request to Establish a
Self-Storage, Mailing Service Operation and Caretaker Dwelling
LOCATION: 16-308 Ainaloa Boulevard, Orchid Land Estates Subdivision, Keaau, Island
of Hawaii; TMK: (3) 1-6-008:328
APPLICANT: County of Hawaii on behalf of John & Patrina Hewett
Transmitted for your review and comment is information on the above-referenced subject
matter. Please submit comments by November 5, 2021.
If no response is received by the above date, we will assume your agency has no
comments. Should you have any questions about this request, please contact Darlene Nakamura
at darlene.k.nakamurahawaii.gov. Thank you.
BRIEF COMMENTS: ( ) We have no objections.
( ) We have no comments.
( ) We have no additional comments.
(m ) Comments are included/attached.
Signed: 00A
Print Name: DAVID G. SMITH, Administrator
Division: Division of Forestry and Wildlife
Date: Nov 18,2021
Attachments
cc: Central Files
SUZANNE D.CASE
or N _ CHARPER.SON
DAVID
Y.ICi�' '� ...... '9{Y.. BOARD OF LAND AND NATURAL RESOURCES
GOVERNOR OF HAWAII "I(P R 19.59 G°4� COMMISSION ON WATER RESOURCE MANAGEMENT
r y8 cr �
I ..
o I ROBERT K.MASUDA
I n
FIRST DEPUTY
µ 4 "�,`
Ni KALEO MANUEL
8 DEPUTYDIREC'TOR-WATER
NDOCEAN
"+ BOATINGAGAND OCEAN RECRR
EATION
BUREAU OF CON�TYANCES
COMMISSION ON WATER RESOURCE MANAGEMENT
STATE OF HAWAII
� 8 ERVATONAND ANDCOASTALENFORCE
mmo DEPARTMENT OF LAND AND NA'T'URAL RESOURCES coN.sER AnoxnxDREsoLRCESENaoacEMENT
ENGINEERING
FORESTRY AND WILDLIFE
DIVISION OF FORESTRY AND WILDLIFE HISTORIC'PRESERVATION
1151 PUNCHBOWL STREET,ROOM 325 RAHOOLAWE ISLAND RESERFE COMMISSION
LAND
HONOLULU,HAWAII 96813 STATE PARKS
November 15, 2021
MEMORANDUM Log no. 3378
TO: RUSSELL Y. TSUJI, Administrator
Land Division
FROM: DAVID G. SMITH, Administrator
Division of Forestry and Wildlife
SUBJECT: Division of Forestry and Wildlife Comments on Special Permit Application
(PL-SPP 2021-000005) for a Request to Establish a Self-Storage, Mailing
Service Operation and Caretaker Dwelling, Keaau, Hawaii
The Department of Land and Natural Resources,Division of Forestry and Wildlife (DOFAW)has
received you request for comment on a Special Permit Application (PL-SPP 2021-000005)
pertaining to a proposed self-storage and mailing service operation with a caretake dwelling in
Keaau on the island of Hawaii, TMK: (3) 1-6-008:328. The proposed project would consist of the
construction of three (3) 4,000 square-foot and two (2) 3,000 square foot storage buildings,
fourteen (14)parking stalls, a 960 square foot 2-story building, a loading zone and installation of
two (2) catchment tanks totaling or exceeding 51,000 gallons. A perimeter fence and planting
would be incorporated to buffer potential noise and visual impacts..
The State listed Hawaiian Hoary Bat or `Ope`ape`a(Lasiurus cinereus semotus) could potentially
occur in the vicinity of the project area and may roost in nearby trees. Any required site clearing
should be timed to avoid disturbance to bats during their birthing and pup rearing season (June 1
through September 15). During this period woody plants greater than 15 feet (4.6 meters) tall
should not be disturbed,removed,or trimmed. Barbed wire should be avoided for any construction
as bat mortalities have been documented as a result of becoming ensnared by barbed wire during
flight.
The State listed Hawaiian Goose or Nene (Branta sandvicensis) may also potentially to occur in
the vicinity of the proposed project site. It is against State law to harm or harass this species. If
this species is present during construction activities, all activities within 100 feet (30 meters)
should cease, and the bird should not be approached. Work may continue after the bird leaves the
area of its own accord. If a nest is discovered at any point, please contact the Hawaii DOFAW
Office at(808) 974-4221.
The State listed Hawaiian Hawk or `Io (Buteo solitarius) may occur in the project vicinity.
DOFAW recommends a qualified biologist survey the area to ensure no Hawaiian Hawk nests are
present if trees are to be cut. `Io nests might be present during the breeding season from March to
September.
Artificial lighting can adversely impact seabirds that may pass through the area at night by causing
them to become disoriented. This disorientation can result in collision with manmade structures or
grounding of birds. For nighttime lighting that might be required, DOFAW recommends that all
lights be fully shielded to minimize impacts. Nighttime work that requires outdoor lighting should
additionally be avoided during the seabird fledging season from September 15 through December
15. This is the period when young,newly fledged seabirds take their initial flight to the open ocean.
For illustrations and guidance related to seabird-friendly lighting styles that also protect the starry
night skies of Hawaii please visit: hqps:Hdlnr.hawaii.gov/wildlife/files/2016/03/DOC439.pdf.
To prevent the spread of Rapid `Ohi`a Death (ROD), if `6hi`a trees are present and will be
removed, trimmed, or potentially injured DOFAW requests that the information and guidance at
the following website be reviewed and followed: hLtps:Hcros.ctahr.hawaii.edu/rod.
DOFAW recommends minimizing the movement of plant or soil material between worksites, such
as in fill. Soil and plant material may contain invasive fungal pathogens(e.g.,Rapid`Ohi`a Death),
vertebrate and invertebrate pests (e.g.,Little Fire Ants), or invasive plant parts that could harm our
native species and ecosystems. We recommend consulting the Big Island Invasive Species
Committee at(808) 933-3340 in planning, design, and construction of the project to learn of any
high-risk invasive species in the area and ways to mitigate spread. All equipment, materials, and
personnel should be cleaned of excess soil and debris to minimize the risk of spreading invasive
species. Gear that may contain soil, such as work boots and vehicles, should be thoroughly cleaned
with water and sprayed with 70% alcohol solution to prevent the spread of Rapid `Ohi`a Death
and other harmful fungal pathogens.
DOFAW likewise recommends using native plant species for landscaping that are appropriate for
the area (i.e., climate conditions are suitable for the plants to thrive, historically occurred there,
etc.). Please do not plant invasive species. DOFAW recommends consulting the Hawaii-Pacific
Weed Risk Assessment website to determine the potential invasiveness of plants proposed for use
in the project (https:Hsites.�oogle.com/site/weedriskassessment/home).We recommend that you
refer to www.plantpono.org for guidance on selection and evaluation for landscaping plants.
We appreciate your efforts to work with our office for the conservation of our native species.
Should the scope of the project change significantly, or should it become apparent that threatened
or endangered species may be impacted, please contact our staff as soon as possible. If you have
any questions, please contact Paul Radley, Protected Species Habitat Conservation Planning
Coordinator at(808) 295-1123 or paul.m.radley(dhawaii.gov.
Sincerely,
MA
DAVID G. SMITH
Administrator
SI 77-ANNF,D.C.ASE
DAAO Y.IGE
rn',FRmnR OF HAWAII HOARD OF LiND ANN)NA I'CRJLI-IZfS0L.RCV.5
CO M\11y$I ON(JNN 1,V kIT R R F.1,OC RC V
NLA,%AGEA1EN'T
STATE OF HAWAII
'are of DEPARTMENT OF LAND AND NATURAL RESOURCES
I-AN 13 I)INTISI()NI
I'OST OFFICE BOX 621
HONOLITLI T,ITAWATI 96,909
October 12, 2021
MEMORANDUM
FROM:
T-E)! DLNR Agencies:
Div. of Aquatic Resources
Div. of Boating & Ocean Recreation
X Engineering Division (DLNR.EN(3R(a-)hawaii.gov)
X Div. of Forestry& Wildlife (rubyrosa.t.terracioCcDhawaii.ciov)
Div. of State Parks
X Commission on Water Resource Management (DLNR.CWRM@Dhawaii.gov)
Office of Conservation & Coastal Lands
X Land Division- Hawaii District (gordon.c.heit(6hawaii.go
TO:
FROM! Russell Y. Tsuji, Land Administrator Russell Tsuji
SUBJECT: Special Permit Application (PL-SPP 2021-000005)- Request to Establish a
Self-Storage, Mailing Service Operation and Caretaker Dwelling
LOCATION- 16-308 Ainaloa Boulevard, Orchid Land Estates Subdivision, Keaau, Island
of Hawaii; TMK: (3) 1-6-008:328
APPLICANT: County of Hawaii on behalf of John & Patrina Hewett
Transmitted for your review and comment is information on the above-referenced subject
matter. Please submit comments by November 5, 2021.
If no response is received by the above date, we will assume your agency has no
comments. Should you have any questions about this request, please contact Darlene Nakamura
at dariene.k.nakamura(6hawaii.gov. Thank you.
BRIEF COMMENTS: We have no objections.
We have no comments.
We have no additional comments.
(V Comments are includedlattached.
Signed:
Print Name: Carty S. Chang, Chief Engineer
Division- -Engineering Division
Date: Oct 29,2021
Attachments
- —
Planning Depi. tral Files
Exhibit 9
DEPARTMENT OF LAND AND NATURAL RESOURCES
ENGINEERING DIVISION
LD/Russell Y. Tsuji
Ref: Special Permit Application(PL-SPP 2021-000005)-Request to Establish a
Self-Storage,Mailing Service Operation and Caretaker Dwelling
Location: 16-308 Ainaloa Boulevard,Orchid Land Estates Subdivision,
Keaau, Island of Hawaii
TMK(s): (3) 1-6-408:328
Applicant: County of Hawaii on behalf of John & Patrina Hewett
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 FIood Hazard Area(high-risk areas). Be advised that 44CF'R, Chapter 1,
Subchapter B, Part 60 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 zones subject to NFIP
requirements are identified on FEMA's Flood Insurance Rate Maps (FIRM). The official
FIRMS can be accessed through FEMA's Map Service Center(msc.fema.gov). Our Flood
Hazard Assessment Tool (FHAT) (http://gis.hawaiinfip.org/FHAT)could also be used to
research flood hazard information.
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)270-7139.
o Kauai: County of Kauai, Department of Public Works (808) 241-4849.
.C�
Signed:
CARTY S. CHANG, CHIEF ENGINEER
Date: Oct 29, 2021
LAND'`
PLANNING 194 Wiwoole St. Hilo, HI 96720
(808) 333-3393
HAWAII LLC info@landplanninghawaii.com
December 17, 2021
Mr. Jeffrey Darrow, Deputy Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Darrow:
Subject: Special Permit Application
Applicant: John Kuualoha Hewett & Patrina Tine Niu-Hewett
Orchid Land Estates, Puna, Hawaii TMK: (3) 1-6-008: 328
We are in receipt of comments on the subject application from County and State agencies.
We understand the requirements reflected in the comments and anticipate they would be
incorporated as conditions should the request be approved.
The State Office of Planning and Sustainable Development submitted comments to the
Planning Department. We would like to respond to points raised in their comments.
Comment: The application indicates that the proposed site is across from the Ainaloa
Longhouse complex, the local community center for the neighborhood. However, the PCDP
has proposed a different location for the Neighborhood Village Center in the PCDP, which
is located approximately 1.3 miles away from the proposed self-storage site. Thus, the
proposed site is not designated within the County Development Plan for commercial use.
Response: Section 5.5.5 of the Puna Community Development Plan outlines criteria
for proposed locations of village centers and we will evaluate those below. However,
this section concludes with a disclaimer that"The maps shown in this chapter are not
meant to be precise or strictly. i�rpreted, but rated as guidelines in the preparation
of rezoning requests for areas within or adjacent to regional town centers,
community village centers, or neighborhood village centers." (Emphasis added)
Urban zoning and/or uses of an urban character.
Neither the area surrounding the subject property, nor the proposed Village Center
discussed in the PCDP, has urban zoning. However, the Ainaloa Longhouse complex
represents current urban uses better satisfying this criterion.
Public uses or facilities, especially those that people frequently visit.
The Ainaloa Longhouse complex is located across the street from the subject
property and already provides for some community functions including a park,
community meeting facilities and mailboxes, and indicates a community center
currently exists. The proposed site of the Ainaloa Neighborhood Village Center
discussed in the PCDP has no current or proposed public uses or facilities and
Planning Dept. remains undeveloped with Open zoning, which would need to be changed to develop
Exhibit 10
the proposed site for community center uses. To our knowledge no such plans exist
for actually developing the proposed site.
Land owned by a community or subdivision association.
Both sites include land owned by the Ainaloa Community Association and are
consistent with this criterion.
Availability of vacant private lots for development of clustered housing or new
pathways.
Both sites have adjacent vacant private lots for development including the subject
property.
Ease of access to village center from surrounding populated areas.
Both sites essentially satisfy this criterion, however the site of the Ainaloa
Longhouse complex is situated on Ainaloa Boulevard, the main thoroughfare for the
community and therefore more easily accessible.
Comment: The Office of Planning and Sustainable Development(OPSD) notes that the
proposal to construct and establish a new self-storage and mailing facility is a very large
commercial enterprise in the midst of the State Agricultural Land Use District. Also, the
proposal also does not conform to the current County's Development Plan for the Puna
district, which designates a Neighborhood Village Center for appropriate commercial uses
for the proposed site would encourage the spread of additional commercial uses within the
State Agricultural District. This would be similar to spot zoning within the Agricultural
District which generally should not be permitted by Special Permit.
Response: This issue was addressed for a previously approved Special Permit(SPP
12-000132)for a convenience store on the same property (prior to subdivision)in
2012. The Windward Planning Commission stated in their approval of that
application (attached page 2)that:
Therefore, the Puna CDP does not address the needs of the residents in this
particular area of Puna with regards to a future commercial center. The
Commission believes that due to the size and population of the geographic
area surrounding Orchidland Estates and Ainaloa, the agricultural
subdivisions within the District are underserved by having only one
commercial center in each of the subdivisions as designated in the Puna
CDP. The Commission finds that the proposed use is appropriate,for the
subject property because due to its location between the two village centers
identified in the Puna CDP, it will serve residents of both subdivisions.
It should also be noted this is not an application for a change of zone for general
commercial use on the subject property. This application is for a Special Permit to
allow for a specific limited unusual and reasonable use that will not adversely affect
the surrounding community. In fact, the proposed use would allow a less intense use
of the land than previously approved with similar benefits to the community in an
area that is an established community resource.
Further, the land on which the proposed self-storage and mailing services would be
located is not well suited to agricultural use, having the lowest soil rating defined by
the Land Study Bureau. Approval of this use would not adversely affect the
agricultural land inventory of the County and would not be contrary to the intent and
purpose of State Land Use Law.
We trust that everything is in order for your continued processing of this application. If not
or if there are questions relating to this matter, please feel free to direct them to me. Thank
you very much.
Sincerely,
John Pipan
Planning Administrator
Enclosures
Copy — John Kuualoha Hewett& Patrina Tine Niu-Hewett
Harry Kim v ar H'.`k, Michael Yee
Mayor �-
��1 Director
Daryn Arai
•+',.� r..e��'�� Deputy Director
1TE OF•N+yi
West Hawaii Office East Hawaii Office
74-5044 Ane Keohokalole Hwy101 Pauahi Street,Suite 3
Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720
Phone(808)323-4770 Phone(808)961-8288
Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742
February 5, 2018
Mrs. Patrina Niu-Hewett
P.O. Box 6111
Kaneohe, HI 96744-9168
Dear Mr. Niu-Hewett:
Special Permit Application (SPP 12-000132)
Applicant: John J. Hegarty
Request: To Establish a Convenience Store with a Certified Kitchen
Subject: Revocation of Special Permit
Tax Map Key: 1-6-008:240 & 241
This letter is in response to your January 25, 2018 email requesting that the subject Special
Permit be revoked. You have indicated that you have no intention of establishing and operating
a convenience store with a certified kitchen on the subject parcels as allowed by the Special
Permit. Furthermore, our records indicate that you are in the process of subdividing the subject
parcels into four lots for individual conveyance.
Based on the preceding and in accordance with Planning Commission Rule 6-5, SPP 12-000132
is hereby revoked.
If you have any questions, please feel free to contact Christian Kay at 961-8136.
Sincerely,
/11i/� -
MICHAEL YEE
Planning Director
CRK:mad
\\coh33\planning\public\wpwin60\CKay\Planning Commission\Letters\Revocation\LHewett-SPP12-132-Revocation.doc
cc w/copy of letter: Gilbert Bailado, GIS Section
SUB-17-001774
www.hiplanningdepA.com Hawai'i County is an Equal Opportunity Provider and Employer planningnhawaiicounty.�ov
FEB - 62, o18,
o��sr aF k�
County of Hawaii
WINDWARD PLANNING COMMISSION
Aupuni Ccnter • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720
Phone(908)961-8288 • Fax[808]961-8742
Mr. John J. Hegarty
RR3, Box 1174
Pahoa,HI 96778
Dear Mr. Hegarty:
Special Permit Application(SPP 12-000132)
Applicant: John J.Hegarty
Request: To Establish a Convenience Store With a Certified Kitchen
Tax Map Key: 1-6-008:240&241 _
The Windward Planning Commission at its duly held public hearing on June 7, 2412, voted to
approve the above-referenced Special Permit to allow the establishment of a convenience store
with a certif ed kitchen on two properties covering a total of 4,64 acres of land within the State
Land Use Agricultural District, against the recommendation of the Planning Director. The
properties are located at the southwestern corner of the `Ainaloa Boulevard- 37'b Avenue
intersection.,directly across from the `Ainaloa Longhouse complex, Drchidland Estates
Subdivision,Kea`au,Hawai`i.
The Planning Director had recommended the denial of this application; however, the Windward
Planning Commission based their decision for approval as follows:
The applicant is proposing to build an approximately 4,000-square foot structure
that will include a 1,280-square foot convenience store, which will supply necessities and
groceries for residents in the area. The remaining 2,750 square feet of the structure will
include a certified kitchen,office, warehouse space and bathroom, which will be
accessory to the convenience store. The facility will be used as a base for a delivery
service that provides hot meals prepared in the certified kitchen and groceries from the
convenience store for qualified disabled persons and senior citizens, living within a 3.5
mile radius, that are not able to travel. The applicant is requesting that hours of operation
be daily from 6:30 a.m. to 8;00 p.m. Approximately 8 to 10 employees will be hired to
Haevai'r County is an Equal Opportunity Provider and Employer
s
Mr. John J. Hegarty
Page 2
work at the convenience store. Parking will be provided on-site as required by the Zoning
Code. The applicant is proposing an asphalt covered parking lot with six (6) standard
parking stalls and one accessible parking stall.
After hearing and reading testimony from the applicant and several members of
the public including the Board President of the Ainaloa Community Association and the
President of the nrchidland Community Association,both of which oppose the granting
of a Special Permit for the proposed uses, the Windward Planning Commission voted to
approve the Special Permit request subject to conditions based upon the following
reasons:
Due to population growth in Puna, more commercial businesses are needed.
Specifically, the convenience store with certified kitchen would enhance the social well-
being of residents of the Ainaloa and Drchidland Estates subdivisions by providing
groceries and other necessities within the subdivisions so that residents do not have to
travel on Highway 130 to obtain these necessities elsewhere. The Commission also
strongly supports the establishment of a certified kitchen on the property to provide warm
meals to senior citizens and disabled persons within the surrounding community.
The location of the proposed use is not consistent with the"Rural" General Plan LUPAG
Map designation and is not located within one of the village centers identified in the Puna
Community Development Plan(CDP). According to the Board President of the Ainaloa
Community Association (ACA),the area designated as a village center on Figure 5-8
"Ainaloa Neighborhood Village Center", which consists of two vacant properties totaling
8.25-acres and is owned by the Association,is intended to be developed with community
facilities rather than commercial facilities. The Association does not want any
commercial development within the subdivision. Therefore, the Puna CDP does not
address the needs of the residents in this particular area of Puna with regards to a future
commercial center. Based on testimony provided at the hearing,there are a number of
senior citizens that need the types of services that will be provided by the applicant and
they should not have to travel to Hilo to get these services. The Commission believes
that due to the size and population of the geographic area surrounding Drchidland Estates
and Ainaloa,the agricultural subdivisions within the District are underserved by having
only one commercial center in each of the subdivisions as designated in the Puna CDP.
The Commission finds that the proposed use is appropriate for the subject property
because due to its location between the two village centers identified in the Puna CDP, it
will serve residents of both subdivisions,
The Commission believes that concerns related to increasing traffic,public
safety, and nuisances can be reduced or eliminated through conditions of the permit.
According to the Institute for Transportation Engineers, Trip Generation Manual, 7`s
Edition, a convenience store that is 1,250 square feet in size will generate approximately
Mr. John J. Hegarty
Page 3
46 vehicle trips during the p.m. peak hour period. The Commission finds that because
the convenience store will be utilized mainly by residents of the Orchidland Estates and
Ainaloa subdivisions, any increase in traffic is expected to be minimal. However, to
ensure that traffic does not significantly increase on the area roadways,a condition of the
permit will limit the size of the convenience store.
To reduce the impact of the proposed use on surrounding properties, a condition
will limit the hours of operation_ The applicant will also be required to install buf#'eryard
landscaping to reduce any adverse noise or visual impacts of the proposed use.
The property fronts 37th Avenue and Ainaloa Blvd. 37t'Avenue is a two-lane gravel
roadway within a 40-foot wide right-of-way that is owned and maintained by the
Orchidland Estates Community Association(CCA). Ainaloa Blvd is a two-large paved
roadway within a 60-foot wide right-of-way that is owned and maintained by the County.
In letters dated May 1, 2012 and June 4,2012 the Orchidland Estates Community
Association asked that if the Commission should approve a Special Permit for the
proposed commercial use against their recommendation of denial, conditions be added to
the permit to either prohibit access on 37t'Avenue or require the applicant pave and
maintain the portion of 37th Avenue fronting the subject property if access is permitted.
Ile OCA also believes that the establishment of a convenience store on the subject
property will increase traffic on 37hh Avenue, even if there is no direct access onto 37th
Avenue,and requests that the applicant pay a commercial-rate road maintenance fee to
mitigate the effects of the use of this road by patrons traveling to and from the
convenience store.
In a letter received June 4, 2012,the Ainaloa Community Association(ACA)
expressed concerns regarding traffic and pedestrian safety on Ainaloa Blvd should the
proposed use be permitted. Specifically, the ACA is concerned that the roadway was not
designed and built to handle a high volume of traffic traveling at high speeds. There are
sight distance deficiencies due to the undulating topography of the roadway. Although
the posted speed limit is 25 mph,motorists travel at higher speeds and the ACA is
concerned that improvements have not been made by the County to address these
deficiencies.
Based on the concerns of the OCA and ACA, the Commission has determined
that access onto Ainaloa Blvd should be limited to a right-in/right-out only access and
access onto 37t�Avenue should be provided for vehicles needing to turn left into or out of
the site. Additionally, the Commission agrees with the OCA's request to have the
applicant pave and maintain 37th Avenue and pay commercial-rate mad maintenance fees.
It should be noted that the County does not have funds to improve Ainaloa Blvd;
therefore, if any necessary improvements are not provided by the applicant, an
Mr. John J. Hegarty
Page 4
unreasonable burden will be placed on a public agency(County)to provide these
improvements at some point in the future when funds become available.
The Ainaloa Community Association and neighbors living within the subdivision
have testified that they would like the park and playground located across Ainaloa Blvd at
the Ainaloa Longhouse property to remain as an alcohol and drug-free zone and asked
that a condition be included in the permit prohibiting the sale of alcohol at the
convenience store. State law(HRS 281-39.5)grants County liquor commissions the
authority to deny or restrict a liquor sale license for new establishments located within
500 feet of a public or private school or public playground used extensively by minors.
Although the Ainaloa Longhouse playground and park are on private property, the
Commission agrees that this playground and park should remain as a safe place for
children to play and therefore believes that a condition prohibiting the sale of alcohol is
reasonable in this particular situation.
Lastly,because the issuance of Special Permits are considered and evaluated on
an individual basis,based on the merits of the proposed use and the surrounding area and
environment,the approval of this permit would not set a precedent for approval of other
commercial uses in the Crchidland Estates or Ainaloa subdivisions that are inconsistent
with the long-range plans for these subdivisions.
Based on the above, the request to allow the establishment of a convenience store with a certified
kitchen on 4.64 acres of land is an unusual and reasonable use of land situated within the State
Land Use Agricultural District and shall be subject to the following conditions:
1. The applicant, successors or assigns shall comply with all of the stated conditions
of approval.
2. The construction and operation of the proposed development shall be conducted
in a manner that is substantially representative of plans and details contained
within the Special Permit Application dated January 21, 2012 and the
representations made before the Windward Planning Commission.
I The applicant shall secure Final Subdivision Approval to consolidate TMK 1-6-
008:240 and TMK 1-6-008:241 prior to receipt of Final Plan Approval,
4. Construction of the proposed development shall be completed within five(5)
years from the effective date of this permit. Prior to construction, the applicant
shall secure Final Plan Approval from the Planning Director in accordance with
the Zoning Code. Plans shall identify all existing and proposed structures,
signage, fire protection measures,paved driveway access and paved parking stalls,
outdoor lighting(if any), and other improvements associated with the proposed
Mr. John J. Hegarty
Page 5
development. Landscaping shall also be indicated on the plans for the purpose of
mitigating any adverse noise and visual impacts to adjacent properties in
accordance with the requirements of Planning Department's Rule No. 17
(Landscaping Requirements). Bufferyard landscaping shall conform to the
standards for separation of a residential zone from a commercial zone as provided
for in Planning Department Rule No. 17.
5. Alcohol shall not be sold at the convenience store.
6. The convenience store shall be limited in size to approximately 1,250 square feet.
7. Hours of operation for the proposed development shall be limited to 6:34 a.m.to
8:00 p.m.,daily.
8. The proposed development shall be accessed via one right-turn in and right-turn
out access on Ainaloa Boulevard and one full movement access on 37h Avenue.
Prior to issuance of a Certificate of Occupancy for the development,the applicant
shall improve 37h Avenue from the Ainaloa Boulevard intersection to the subject
properties northern property line by providing a twenty four(24)-foot wide asphalt
pavement(chip seal is not permitted)roadway with eight(8)-foot wide compacted
gravel shoulders in a manner meeting with the approval of the Orchidland
Community Association. The applicant shall maintain this portion of 37th Avenue
in good condition at all times.
9. The applicant shall pay commercial-scale road maintenance fees in a timely
manner to the Association as established by the Orchidland Community
Association.
10. The Department of Public Works will monitor the traffic condition along Ainaloa
Boulevard and at its intersection with 37ah Avenue that includes traffic generated
by the approved commercial uses. If and when warranted by the Deparnnent of
Public Works, the applicant its successors or assigns shall construct and/or install
any traffic control device(s)along and within Ainaloa Boulevard,which may
include street lighting,to mitigate any adverse impacts generated by the approved
commercial uses upon vehicular and pedestrian movements and safety.
11. A wastewater system meeting the requirements of the Department of Health shall
be provided for the proposed development.
12. The applicant shall develop sufficient water storage to meet the requirements of
the Department of Health and the Fire Department for sanitation and firefighting
r
Mr. John J. Hegarty
Page 6
purposes for the proposed development, prior to receipt of a Certificate of
Occupancy. The water storage facility shall be designed with two connections
independent of each other as described in Exhibit d, shall be situated on the
property in a location approved by Fire Department, and shall be kept filled with
enough water to meet the applicable Department of Health and Fire Department
requirements. if an improvement district or similar project is proposed which
would make county water available to the property, the owner shall participate
and pay its fair share of any applicable construction costs.
13. All development-generated runoff shall be disposed of onsite and shall not be
directed toward any adjacent properties.
14. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control of the Hawaii County Code.
15. An Underground Injection Control (UlC)permit as required by Hawaii
Administrative Rules,Title 11, Chapter 23 shall be obtained from the Department
of Health.
16. Should any remains of historic sites, such as rock walls,terraces,platforms,
marine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources-
State Historic Preservation Division(DLNR-SHPD)shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
DLNR-SHPD when it finds that sufficient mitigative measures have been taken.
17. The applicant shall comply with all applicable County, State and Federal laws,
rules,regulations and requirements.
18. An initial extension of time for the performance of conditions may be granted by
the Planning Director upon the following circumstances:
A. Nan-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.
B. Granting of the time extension would not be contrary to the General Plan
or the Zoning Code.
C. Granting of the extension would not be contrary to the original reasons for
the granting of the permit.
Mr. John J. Hegarty
Page 7
D. The time extension granted shall be for a period not to exceed the period
originally granted for performance(i.e.,a condition to be performed within
one year may be extended for up to one additional year).
E. If the applicant should require an additional extension of time, the
Planning Department shall submit the applicant's request to the Planning
Commission for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
manner,the Planning Director may initiate the revocation of the permit.
This approval does not,however, sanction the specific plans submitted with the application as
they may be subject to change given specific code and regulatory requirements of the affected
agencies.
Should you have any questions,please contact Daryn Arai of the Planning Department at
961-8288.
Sincerely,
Zendo Kern,Chairman
Windward Planning Commission
Lhep AyW12-000132v4x
CC" Department of Public Works
Department of Water Supply
County Real Property Tax Division
State Land Use Commission
Department of Land&Natural Resources-HPD
DOT-Highways,Honolulu
Plan Approval Section
Orchidland Community Association
Ainaloa Community Association
Mr. Gilbert Sailado