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PD BACKGROUND REPORT (REZ 21-000248)
BCravalhoREZ.11.23.2021 COUNTY OF HAWAI`I PLANNING DEPARTMENT BACKGROUND REPORT DWAYNE CRAVALHO CHANGE OF ZONE APPLICATION (REZ 21-000248) DWAYNE CRAVALHO has submitted an application for a Change of Zone from an Agricultural-20 acres (A-20a) to a Village Commercial-7,500 square feet(CV-7.5) zoning district for approximately 7,544 square feet of land. The subject property is located at 55-479 Hoea Road, at the northeast corner of the Hoea Road/Akoni Pule Highway intersection, Ka`auhuhu, North Kohala, Hawaii, TMK: 5-5-009:019. PROPOSED ACTION 1. Applicants' Request: The applicant is requesting a Change of Zone from an Agricultural-20 acres (A-20a)to a Village Commercial-7,500 square feet(CV-7.5) zoning district for approximately 7,544 square feet of land. According to the Zoning Code, the Village Commercial district provides for a broad range or variety of commercial and light industrial uses that are necessary to serve the population in rural areas where the supplementary support of the general business uses, and activities of a central commercial district is not readily available. Requirements for establishing a land use in the CV district, including a list of the variety of permitted land uses, are shown in Section 25-5-120 to 128 of the Zoning Code. (Planning Department Exhibit 1 — Zoning Code Requirements for Agricultural Districts and Planning Department Exhibit 2 -Zoning Code Requirements for Village Commercial Districts) 2. Proposed Development: If the change of zone is approved, the applicant is proposing to develop an open area able to accommodate at least one (1) food truck and associated temporary seating/eating area using portable tables and chairs. Additional proposed improvements include construction of paved driveway access to Hoea Road, a minimum two (2) car paved parking area, installation of a hose bib (spigot)for potable water needs if necessary, and the use of portable toilets. The applicant proposes operation of the site daily, with flexible hours of operation to adjust to demand. 3. Reason for the Request: Due to the convenient and visible location at the western edge of the Hawl Town commercial core, the applicant desires to establish a similar -I- commercial use on the property. However, the limited size and awkward configuration of the subject parcel limits the scope and type of commercial structures and uses that could be placed on the property given typical setback,parking and wastewater disposal requirements. Given these limitations, the applicant does not have any specific plans at this time to develop any permanent structures on the subject property, thus he is seeking the change of zone to allow for the proposed food truck operation. 3. Construction Timetable & Cost: The applicant anticipates obtaining final plan approval shortly after securing rezoning approval and plans to establish the food truck use approximately one(1)year thereafter. The applicant anticipates site improvements to cost $50,000. 4. Landowner: Dwayne Cravalho. 5. Supporting Information: The applicant has submitted the attached in support of the request. (Planning Department Exhibit 3 —Change of Zone Application dated June 21, 2021) STATE AND COUNTY PLANS 6. State Land Use Designation: Urban. 7. County Zoning: Agricultural 20-acre (A-20a). 8. General Plan LUPAG Map: While the LUPAG map shows the subject property located entirely within the Low Density Urban (ldu) designation, given the broad-brush nature of the LUPAG (not parcel specific) and the CV-10 zoning& Medium Density Urban (mdu) LUPAG designation of the parcels within the Hawl commercial core (directly adjacent to the east), the Director has determined that that this parcel is similarly located within the mdu designation. The mdu designation allows, "Village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential-- up to 35 units per acre). " 9. North Kohala Community Development Plan (CDP): The North Kohala CDP was adopted by the Hawaii County Council by Ordinance No. 08-151 on November 5, 2008. 10. Special Management Area (SMA): The subject property is located approximately 1.75 miles from the nearest shoreline and is not situated with the Special Management Area. DESCRIPTION OF PROPERTIES AND SURROUNDING AREA 11. Subject Property: The subject, 7,544 square foot property is situated at the northeast -2- corner of the Hoea Road/Akoni Pule highway intersection and is triangular in shape. The property is currently vacant of any structures or other improvements and has been cleared and maintained. According to the applicant, it appears that an existing garage constructed on the adjoining parcel to the east is extending into the subject property by approximately five (5)feet. The applicant is in the process of resolving this encroachment issue with the neighbor. There were no metes and bounds descriptions available for the subject property as it was considered a remnant lot. On August 16, 2021 the landowner along with their surveyor recorded an updated metes and bounds description with the State Bureau of Conveyances for the subject parcel. The updated metes and bounds description corrects the total size of the subject parcel to be 7,544 square feet and fixes the discrepancies that were concerns made by the North Kohala Community Resource Center. 12. Surrounding Zoning/Land Uses: Properties immediately adjacent to the east and extending back into Hawi Town and along the highway are zoned CV-10 and support commercial uses. The property directly adjacent to the east is the home of the North Kohala Community Resource Center(Kohala Welcome Center). The property directly adjacent to the south is a Remnant Lot"J"that is currently zoned A-20a and owned by the State. Other zoning in the area consists of residential (RS-15), agricultural (A-la through A-20a) and limited industrial (ML). Associated uses include institutional (churches & County Highway Maintenance operations), residential and agricultural uses. 13. Flood Zone: Zone "Y', an area of minimal flood hazard. 14. Flora/Fauna Resources: No professional flora or fauna surveys were conducted for the site as the property has been cleared and maintained as part of a landscaped area adjacent to the entry marker of Hawi town as part of a community-led enhancement project in 1990. Prior to that, the area was cleared of vegetation during the sugar plantation era. 15. Archaeological/Historic/Cultural Resources: There are no known archaeological resources on the subject property due to its improvement as a landscaped entryway into Hawi town in 1990. The applicant does not anticipate any significant land alterations to support the food truck use. Finally, there are no known customary native Hawaiian cultural resources, customs or practices on the subject site. By letter dated July 14, 2021, the State Historic Preservation Division determined that no historic properties would be affected by the proposed rezone. -3- 16. Public Access: There is no record of designated public access to the mountain or shoreline traversing the property. 17. Traffic/Parking: As there is no trip generation designation for food truck operations, the applicant chose a 1,000 square foot fast food restaurant without a drive thru window and no indoor seating as an equivalent for their traffic generation analysis. Per the Institute of Transportation Engineers (ITE) Trip Generation manual, such an operation would generate an estimated 30 peak hour vehicle 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. Both the DOT and County Police Department raised concerns that the two (2)proposed parking stalls would be inadequate to accommodate the anticipated traffic generated by the food truck operation and that deficient parking on-site could force patrons to park on the side of the road on Akoni Pule Highway and Hoea Street and create unsafe conditions for pedestrians. PUBLIC UTILITIES AND SERVICES 18. Access: Access to the subject property is from Hoea Road, which is a County-maintained roadway with a roughly 20-foot-wide pavement and unimproved shoulders within an approximately 40-foot-wide right-of-way. The property has no direct access to Akoni Pule Highway as there is a remnant lot(Remnant"J" and TMK 5-5-009:045), which is owned by the State of Hawaii Department of Transportation (DOT), located between the highway and the subject parcel. The applicant attempted to purchase the remanat prior to submittal of this request, however,the DOT declined due to concerns regarding possible future development on the remnant that could affect sight distance at the intersection of the Akoni Pule Highway and Hoea Road. Based on the proposed zoning, the Department of Public Works-Engineering Division (DPW)recommends that all driveway connections and construction within Hoea Road conform to Chapter 22, County Streets, of the Hawaii County Code. Furthermore, based on the proposed zoning, DPW recommends that the applicant provide improvements to the subject property's Hoea Road frontage consisting of, but not limited to,pavement widening with concrete curb, gutter, and sidewalk, drainage improvements, and any relocation of utilities, meeting the requirements of the Americans with Disabilities Act -4- and the approval of the Department of Public Works. DPW also recommended that the applicant install streetlights and traffic control devices as may be required by the DPW- Traffic Division. The applicant shall shall be responsible for the design,purchase, and installation of such devices. 19. Water: According to the applicant, the proposed food truck operation will not require potable water as the trucks have self-contained potable water systems, however, they intend to install a water spigot for supplemental water needs. According to the Department of Water Supply (DWS), the parcel is currently serviced with a 5/8-inch water meter, which is limited to one (1)unit of water averaging 400 gallons per day. According to DWS, the proposed zoning will require the installation of a reduced pressure type backflow prevention assembly. Furthermore, DWS indicates that the fire hydrant fronting the parcel is only capable of providing a theoretical fire flow of 880 gallons per minute (GPM), however, DWS water system standards require a minimum of 2,000 GPM, thus the applicant will need to provide the required fire flow. Finally, DWS recommends the applicant consult with the Fire Department to determine other fire protection requirements or alternatives. 20. Wastewater: There is no municipal sewer system in the area. The applicant proposes to utilize portable toilets for the proposed food truck operation. If another use is developed on the property, an individual wastewater system meeting with the requirements of the State Department of Health will be required. 21. Solid Waste: Solid waste will be handled through commercial haulers or disposal by the landowner into authorized landfill sites or transfer stations. 22. Essential Utilities and Services: Electrical and telephone services, are available to the subject property. Police, fire and medical services are located nearby in Kapa`au. AGENCIES' COMMENTS 23. Department of Public Works: Planning Department Exhibit 4 -July 13, 2021 memo 24. Department of Water Supply: Planning Department Exhibit 5 -July 29,2021 letter 25. Department of Environmental Management: Planning Department Exhibit 6 —July 27,2021 memo -5- 26. Police Department: Planning Department Exhibit 7—July 19,2021 memo 27. State Department of Health: Planning Department Exhibit 8—July 21,2021 memo 28. State Department of Transportation: Planning Department Exhibit 9—August 11, 2021 memo 29. Department of Land and Natural Resources-State Historic Preservation Division: Planning Department Exhibit 10 -July 14, 2021 letter 30. Department of Land and Natural Resources-Engineering Division: Planning Department Exhibit 11 -July 11,2021 memo AGENCIES AND ORGANIZATIONS—NO COMMENT/CONCERNS 31. Fire Department, Department of Land and Natural Resources-Land Division. AGENCIES AND ORGANIZATIONS -NO RESPONSE 32. Department of Environmental Management. PUBLIC COMMENTS 33. Planning Department Exhibit 12 —Letter received August 23,2021 from the North Kohala Community Resource Center Staff Members Leslie Nugent, `Ekela Kahuanui and Michelle Kawai. 34. Planning Department Exhibit 13 —Email dated September 2, 2021 from Bob Endreson. 35. Planning Department Exhibit 14—Email dated September 24, 2021 from Kristi Kranz and Jack Hutchings. 36. Planning Department Exhibit 15—Email dated September 24, 2021 from Alan Thal. 37. Planning Department Exhibit 16—Email dated September 25,2021 from Richard Liebmann. 38. Planning Department Exhibit 17—Email dated September 25, 2021 from Diann Wilson. 39. Planning Department Exhibit 18—Email dated September 26, 2021 from Sukie Colegrave and Laura Moorehead. 40. Planning Department Exhibit 19 —Email dated September 27,2021 from Susan Barnes. 41. Planning Department Exhibit 20—Email dated September 28, 2021 from Natalie Young. -6- 42. Planning Department Exhibit 21 —Email dated September 29, 2021 from Steve Hoffman in opposition. 43. Planning Department Exhibit 22 —Email dated October 4, 2021 from Teri Takata in opposition. 44. Planning Department Exhibit 23 —Email dated October 9, 2021 from Joan Channon in opposition. 45. Planning Department Exhibit 24 —Email dated October 18, 2021 from Robert Goldzweig in opposition. 46. Planning Department Exhibit 25 —Email dated October 18, 2021 from Hadenmsg in opposition. 47. Planning Department Exhibit 26—Email dated October 18, 2021 from Kelly Ah Hee in opposition. 48. Planning Department Exhibit 27 —Email dated October 19, 2021 from Vicky Kometani in opposition. 49. Planning Department Exhibit 28 —Email dated November 30, 2021 from Malcolm Askew in opposition. APPLICANT'S RESPONSE TO AGENCY & PUBLIC COMMENTS 50. Planning Department Exhibit 29 —Letter dated September 23, 2021 from Daryn Arai. -7- ZONING § 25-5-67 (e) I{Jxceptions to the regulations for the FA district regarding heights, building site areas, building site average widths and yards, may be approved by the commission within a planned unit development. (1) Ylan approval shall be required prior to the construction or installation of any new structure or development, or of any addition to an existing structure or devc lopment, which is used for minor agricultural products processing. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4.) Division 7. A,Agricultural Districts. Section 25-5-70. Purpose and applicability. The A (agricultural) district provides for agricultural and very low density agriculturally-based residential use, encompassing rural areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriat c,. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-71. Designation of A districts. Each A (agricultural) district shell be designated on the zoning mala by the symbol "A" followed by a number toget.h(-,,r with the lower case letter "a" which indicales the required or minimum number of acres for each building site. For exmill)1e, A-l 0a means an agricultural district with a minimum building site area of ten acres. (199G, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-72. Permitted uses. (a) The following uses shall be permitted in the A district: (1) Agricultural parks. (2) Agricultural products processing, major and minor. (3) Agricultural tourism as permitted under section 25-4-15. (4) Animal hospitals. (5) Aqua.culture. (6) Botanical gardens, nurseries and greenhouses, seed farms, plant exlwrimont.al stations, arboretums, floriculture, and similar uses dealing with the growing of plants. (7) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities, where none of the recreational features are entirely enclosed in a building. (8) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (9) Crola production. (10) Dwelling, single-family, as permitted under chapter 205, flawai`i Revised Statutes and as permitted under section 25-5-77(b). (11) Farm dwellings, as permitted under section 25-5-77(b) and (c). 25-91 Planning Dept. Exhibit 1 25-5-72 HAWAI`I COUNTY CODE (12) Fertilizer yards utilizing only manure and soil, for commercial use. (13) Forestry. (14) Game and fish propagation. (15) Group living facilities. (16) Kennels. (17) Livestock production, provided that piggeries, oplaries, and Fen feeding of livestock shall only be located on sites �a1)l)roved by the St at e delmrt.meni of health and the director, and must,be located no closer than one t hou5and feat away from any major public street or from any other zoning dist rict.. (1 8) Public uses and structures which are necessary for agricultural practices. (lit) Retention, restoration, rehabilitation, or improvement of building or sites of historic or scenic interest. (20) Riding academies, and rental or Marding stables. (21) Roadside stands for the sale of agricultural products grown on the premises. (22) Ut.ilit.y substations, as permitted under section 25-4-1 1. (23) Vehicle and equipment storage areas that are directly accessory to aquaculture, crop production, game and fish propagation, livestock grazing and livestock production. (24) Veterinary establishments. (25) Wind energy facilities. (b) The following uses may be permitted in the A district, provided that a use permit is issued for each use: (1) Golf courses and related golf course uses, including golf course driving ranges, golf maintenance buildings and golf club houses, provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the state land use agricultural district unless approved by the County before July 1, 2005. (2) Telecommunication antennas and towers. (c) The following uses may be permitted in the A district, provided that a special permit is obtained for such use if the building site is located within the State land use agricultural district: (1) Adult day care homes. (2) Airfields, heliports, and private landing strips. (3) Beth and breakfast establishments, as permitted under section 25-4-7. (4) Community buildings, as permitted under section 255-4-11. (5) Excavation or removal of natural building material or minerals, for commercial use. (6) Family child care homes. (7) Guest ranches. (8) Home occupations, as permitted under section 25-4-13. (0) Lodges. (10) Meeting facilities. (11) Model homes, as permitted under section 25-4-8. (12) Public dumps. 25-92 ZONING § 25-5-72 (13) Public uses and structures, other than those necessary for agricultural practices, as provided under section 25-4-11. (14) Temporary real estate offices, as permitted under section 25-4-8. (15) Trailer parks with density of three thousand five hundred square feet of land area per trailer, provided that plan approval is secured prior to commencing such use. (16) Uses, other than those specifically listed in this section, which meet the standards for a special permit under chapter 205, 11awai`i Revised Statutes. (d) The following uses may be permitted in the A district, provided that either a use permit is issued for each use if the building site is outside of the State land use agricultural district or a special permit is issued for each use if the building site is within the State land use agricultural district: (1) Bed and breakfast establishments, as permitted under section 25-4-7. (2) Crematoriums, funeral homes, funeral services, and mortuaries. (3) Churches, temples and synagogues. (4) Day care centers. (5) 11ospltals, sanitariums, old age, convalescent, nursing and rest homes. (6) Major outdoor amusement and recreation facilities. (7) Medical clinics. (8) Schools. (e) Buildings and uses accessory to the uses permitted in this section shall also be permitted in the A district. (f) No building site shall be established after December 1, 1996 which shall in any way restrict or limit aquaculture, horticulture, production of crops, keeping of livestock, game and fish propagation,or the processing, sale or other commercial use of the products of such uses. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-155, sec 13; am 2010, ord 10-17, sec 6; am 2012, ord 12-28, sec 9; ord 12-124, sec 8; am 2014, ord 14-86, sec 9; am 2021, ord 21-26, sec 10.) Section 25-5-73. Height limit. The height limit in the A district shall be thirty-five feet for any residential structure, including any single-family dwelling, or farm dwelling, and forty-five feet, for all other structures. The director may, however, permit by plan approval, any nonresidential agricultural structures t.o be constructed to a height orone hundred feet, if the director determines that the additional height above the linty-five foot height limit is necessary. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-74. Minimum building site area. The minimum building site area in the A district shall be five acres. (1996, ord 96-160, sec 2; ratified April 6, 1999.) 25-93 SUPP. 10 (7-2021) § 25-5-121 HAWAI`I COUNTY CODE Section 25-5-121. Designation of CV districts. Each CV (village commercial) district shall be designated by the symbol "CV" followed by a number which indicates the minimum land area, in number of thousands of square feet, required for each building site. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-122. Permitted uses. (a) The following uses shall be permitted in the CV district: (1) Adult day care homes. (2) Amusement and recreation facilities, indoor. (3) Art galleries, museums. (4) Automobile sales and rentals. (5) Automobile service stations. (6) Bars. (7) Bed and breakfast establishments, as permitted under section 25-4-7. (8) Boarding facilities, rooming, or lodging houses, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (9) Business services. (10) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (11) Churches, temples and synagogues. (12) Commercial parking lots and garages. (13) Community buildings, as permitted under section 25-4-11. (14) Convenience stores. (15) Crematoriums, funeral homes, funeral services, and mortuaries. (16) Crop production. (17) Day care centers. (18) Dwellings, double-family or duplex, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (19) Dwellings, multiple-family, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (20) Dwellings, single-family. (21) Family child care homes. (22) Farmers markets. When the vending activity in a farmers market involves more than just the sale of local fresh and/or raw produce, plant life, fish and local homegrown and homemade products for more than two days a week, the director, at the time of plan approval, shall restrict the hours of use, maintenance and operations and may require improvements as determined appropriate to ensure its compatibility with the existing character of the surrounding area. (23) Financial institutions. 25-108 Planning Crept. Exhibit __ 2 ZONING § 25-5-122 (24) Group living facilities. (25) Home occupations, as permitted under section 25-4-13. (26) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (27) Hotels, when the design and use conform to the character of the area, as approved by the director. (28) Laboratories, medical and research. (29) Lodges. (30) Manufacturing, processing and packaging light and general, except for concrete or asphalt products, where the products are distributed to retail establishments located in the immediate community, as approved by the director. (31) Medical clinics. (32) Meeting facilities. (33) Model homes, as permitted under section 25-4-8. (34) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (35) Offices. (36) Personal services. (37) Photography studios. (38) Public uses and structures, as permitted under section 25-4-11. (39) Publishing plants for newspapers, books and magazines, printing shops, cartographing, and duplicating processes such as blueprinting or photostating shops, which are designed to primarily serve the local area. (40) Repair establishments, major, when there are not more than five employees, as approved by the director. (41) Repair establishments, minor. (42) Restaurants. (43) Retail establishments. (44) Schools. (45) Short-term vacation rentals. (46) Telecommunication antennas, as permitted under section 25-4-12. (47) Temporary real estate offices, as permitted under section 25-4-8. (48) Theaters. (49) Utility substations, as permitted under section 25-4-11. (b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the CV district, provided that a use permit is issued for each use: (1) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses, provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the state land use agricultural district unless approved by the County before July 1, 2005. (2) Major outdoor amusement and recreation facilities. (3) Yacht harbors and boating facilities. 25-109 SUPP. 10 (7-2021) § 25-5-122 HAWAI`I COUNTY CODE (c) Residential uses in connection with the operation of any permitted uses shall be permitted in the CV district. (d) Buildings and uses similar to the permitted uses listed in subsection (a) above shall be permitted in the CV district, as approved by the director. (e) Buildings and uses normally considered accessory to the uses permitted in this section shall also be permitted in the CV district. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 14; am 2014, ord 14-86, sec 12; am 2018, ord 18-114, sec 12; am 2021, ord 21-26, sec 12.) Section 25-5-123. Height limit. The height limit in the CV district shall be thirty feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-124. Minimum building site area. The minimum building site area in the CV district shall be seven thousand five hundred square feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-125. Minimum building site average width. Each building site in the CV district shall have a minimum building site average width of sixty feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-126. Minimum yards. The minimum yards in the CV district shall be as follows: (1) Front or rear yards, fifteen feet; and (2) Side yards, none, except where the adjoining building site is in an RS, RD, RM or RCX district. Where the side yard adjoins the side yard of a building site in an RS, RD, RM or RCX district, there shall be a side yard which conforms to the side yard requirements for dwelling use of the adjoining district. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-127. Landscaping of yards. (a) All front yards in the CV district shall be landscaped, except for necessary access drives and walkways, and except for the construction of one single-family dwelling and accessory buildings per lot. (b) Where any required side or rear yard in the CV district adjoins a building site in an RS, RD, RM or RCX district, the side or rear yard shall be landscaped with a screening hedge not less than forty-two inches in height, within five feet of the property line, except for necessary drives and walkways, and except for the construction of one single-family dwelling and accessory buildings per lot. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 14.) SUPP. 10 (7-2021) 25-110 COH PLANNING DEPT JUN 22 2021 HPG:27 REC'D HAND DELIVERED CHANGE OF ZONE APPLICATION Applicant: Dwayne Cravalho Request: A-20a to CV-7 5 Tax Map Key: (3) 5-5-009: 019 Ka`auhuh u, North Kohala Hawaii Island Prepared by: Daryn Arai, _and Use Planning Consultant June 2021 Planning Ecp ;_ Exhibit 3 COH PLANNING DEP a CHANGE OF ZONE APPLICATION JUN 22 2021 AH8:27 REC D HAND DELIVERED COUNTY OF HANNTAII PI,ANN I NG DEPARTMENT (T\Ise ur It`1iz1% Pr=nt the requested informntion APP1.WANT Dwayne Cravalho A,Pi'LIC,%NT'S SIG'ti ATLIRE Di Ja DATE:June 15. 2021 ADDRESS. PCB DoN 925 Kapaau, Hawaii 96755-0928 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (909) 443-9092 (Res.) (.Fn.r) L ANDOW N'Z R.i Sy Dwayne Cravalho I.ANI]f W"N-FR SIGNATURE(S) DATE June 15.2021 47 IMak, �,-., is , LANDOWN—L-Z(S)ADDRESS: PO 130", 1)2r Kapaau, Hawaii 96755-0928 REQUEST. Agricultural-20 acres (A-20a) TO Village Conunercial-7,500sf(CV-7.5) 3 (ENistity coning) fRo v-,Sed Zon.aig) TAX MAP KEY. 5 -5 -009 : 019 STREET ADDRESS OF PROPERTY. 55-497 Hoea Road Ilawi, Hawaii 96719 SIZE OF PROPERTY OR AFFECTED AREA(5)TO BE REZONED 7,544 square. feet AGENT: Daryn Arai ADDRESS: PO Box 4501 Hilo,Hawaii 96720 email: Daryn.Arai(a_-outlook.com TELEPHONE:(Bus.) (808) 895-3218 (Res.) (Fax) Please indicate tD whom original correspondence and copies should be sent. ORIGINAL: Applicant COPIES: Agent 1412s03 ATTACHMENT Commercial,RM. Resort& Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approve change of zone? NO If yes, please answer the rest of question 1 and then to question 3 a. How many acres of the requested area do you intend to subdivide? b. Into what lot sizes? C. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? NO b. Sell or lease the land to someone who has tentative plans? NO e. Sell or lese the land to someone who has no plans? NO d. keep it? YES e. other(please state) - 1 - f. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon afer approval of your rezoning do you expect to transfer the subject land to another party. N/A 3. What specific building plans do you have for the subject land? Include in your answer the following: type of building (apartment,office, launderette,etc.);financing arrangement; timetable for construction; and any other information which you feel might help us in evaluating your request. Minimum site improvernents to provide parking,and seating area for at least two food truck operations, lvith no permanent buildings or facilities. aside from a parking area to be constructed to the requirements of the County. Water and electricity is availabie. xvith portable restr&-)tns to be provided. 4. Have you performed any study which would demonstrate a need for Your proposed building and/or development? NO if so, please elaborate on your findings in the space provided Below. N/A -2- 5. Have you performed any study which discusses the Ervironmentai impacts your request would have on the surrounding area and/or the County? YES If so, please elaborate on your findings in the space provided below. This assessment of impacts to surround area or County is part ofthe environmental report that accompanics the change ol'cone application.. In summary,the type and scope of project being, presented is anticipate to have no significant Impact to the immediate and surrounding properties. historic and cultural resources. public facilities or coastal resources. 5. Are there any buildings on the subject area? NO if so,what kind? What do you intend to do with those buildings if your request is approved? N/A 7. Is the subject land currently being used for any agricultural activity? NO If so, please list the kinds of products grown on and How many square feet or acres of land per product? N/A 3 - 8. To your knowledge, has there been any flooding and/or drainage problem on the subject area? NO 1f so, please describe the problem. N/A 9. ❑o you think that the roads leading to the subject area needs improvement? NO If so,what kind? N/A Is the road adequate for the proposed traffic volume or bad? YES 10. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools x b. Roads x C. Sewer x d. Drainage x e. Police Protection x f. Fire Protection x g. Recreational Facilities x h. Other No commitment ol'public services or facilities beyond what is available to the subject propertN will be needed to support the proposed use -4 - For those checked"yes", please elaborate what type or kinds of improvements and/or assistance is needed. N/A 11. Have you performed any historic sites study and/or surrey of the subject area? If so, what were the results? Please, also,. submit a Dopy of the study together with this change of zone supplement. An assessment of the property for impacts to historic features or cultural resources was included in the environmental report, In summary,the proposed use of the property for the proposed use will not have a significant adverse impact to historic or cultural resources. Signature: Or Address: PO Box 928,apaau, HI 967SS-0928 Telephone' 808 443-9092 Date: June 15, 2021 6338A/50A P.D. 5/84 - 5 - Table of Contents A. DETAILS OF PROPOSED USE/DEVELOPMENT...............................................................................................1 1. Applicant's Request..........................................................................................................................................1 2. Location of Property.........................................................................................................................................1 3. Statement of Objectives and reasons for the request.....................................................................................3 4. Proposed Project Details..................................................................................................................................3 5. Timeframe and cost..........................................................................................................................................5 B. HISTORICAL PROPERTY INFORMATION..........................................................................................................5 6. Pre-Existinh Lot Determination........................................................................................................................5 C. LAND USE AND OTHER REGULATORY CONSIDERATIONS...............................................................................5 7. State Land Use Designation. Urban.................................................................................................................5 8. Current County Zoning......................................................................................... .....5 9. General Plan land Use Pattern Allocation Guide(LUPAG)Map.......................................................................7 10. North Kohala Community Development Plan..................................................................................................8 11. Coastal Zone Management, H RS,Chapter 205A..............................................................................................8 12. Special Management Area(SMA).....................................................................................................................8 D. DESCRIPTION OF PROPERTY AND SURROUNDING AREA................................................................................9 13. Subject Property...............................................................................................................................................9 14. Surrounding Zoning/Land Uses......................................................................................................................10 15. ALISH: Not classified......................................................................................................................................10 16. Land Study Bureau's Detailed Land Classification System..............................................................................10 17. US Soil Survey.................................................................................................................................................10 18. FIRM...............................................................................................................................................................11 19. Flora/Fauna Resources...................................................................................................................................11 20. Archaeological Resources...............................................................................................................................11 21. Cultural or Native Gathering Rights................................................................................................................11 22. Public Access...................................................................................................................................................11 E. PUBLIC UTILITIES AND SERVICES..................................................................................................................11 23. Access:... .................--......................................................... ............................................................ ...........11 24. Traffic:............ ..........................................................................-....................................................................12 25. Water..............................................................................................................................................................12 26. Wastewater............................................................................................................... ..............13 28. Essential Utilities and Services......._.................................................................................................•............13 29. Public Safety........................................................................................................••.........................................13 F. STATEMENT IN SUPPORT OF CHANGE OF ZONE REQUEST...........................................................................14 30. Hawai'i County General Plan..........................................................................................................................14 31. Public Services and Utilities............................................................................................................................15 32. North Kohala Community Development Plan................................................................................................19 33. Coastal Zone Management.............................................................................................................................24 34. Conclusion........................................................... .....25 COUNTY ENVIRONMENTAL REPORT IN SUPPORT OF CHANGE OF ZONE APPLICATION FOR DWAYNE CRAVALHO Affecting Tax Map Key: (3) 5-5-009:019; Ka`auhuhu, North Kohala A. DETAILS OF PROPOSED USE/ DEVELOPMENT 1. Applicant's Request Dwayne Cravalho, hereinafter referred to as "Applicant", is requesting a change of zone for 7,544 square feet of land from an Agricultural-20 acres (A-20a) to a Village Commercial-7,500 square feet (CV-7.5) zoning district in support of food truck operations. 2. Location of Property The subject property at 55-697 Hoea Road is located at the northeast corner of the Akoni Pule Highway-Hoea Road intersection in Hawi Town, Ka`ahuhu, North Kohala, TMK: 5-5-009: 019 (refer to Figure 1 - Location Map and Figure 2 -Tax Map below). SUBJECT PROPERTY = wim,u m w�•.y .hww 6 Eato,e ['hyn& Hi of g r✓ � lih.,i:i l:nllii•."r �hsrv:,!,ills lr;,•wi yy .•. fraSwi.[n �y ,i n Fr.,,•gvr Figure 1- Location Map 1kPag � s p Lc) It N }� _ M R G�J a � r a�= { � ,�� ��•4 �,T �� ��'1 R f��" ?I � Y�, fir, - �- LA e rr` Ties. 4. �_. "i'+PNPP iPP� _F.. 1 r xd r+r••atti 'Y vrrr� Figure 2 -Tax Map 2 Page 3. Statement of Obiectives and reasons for the request The purpose for the requested change of zone is to accommodate the Applicant's desire to establish an area to accommodate a couple of food truck establishments on the property due to its convenient and visible location at the western edge of the commercial core within Hawi town. With the district entry monument directly in front of the subject property along the Akoni Pule Highway welcoming everyone to "Historic Kohala-Home of King Kamehameha I", the Applicant w shes to similarly welcome visitors and residents with a taste of Kohala through his proposed food truck establishment. The limited size and awkward configuration of the subject property limits the scope and type of commercial structures, and hence commercial uses, that could be placed upon the property, given typical requirements such as setbacks, parking and wastewater disposal requirements. The Applicant does not have any specific plans at this time for any permanent commercial retail or office building on the subject property as his primary focus is to secure the necessary approvals to secure the Village Commercial (CV) zoning for the property in order to allow him to utilize it as a site for at least a couple of food trucks. 4. Proposed Proiect Details (see Figure 3 - Site Plan) a. Proposed Use: An open area able to accommodate at least two (2) food trucks and associated temporary seating/eating area using portable tables and chairs: b. Operation: Daily, with hours of operation unknown at this time but wishing to remain flexible in order to adjust to demand. c. Ancillary improvements: i. Paved driveway access to Hoea Road; ii. 2 car paved parking area; iii. Use of portable toilets. iv. Installation of hose bib (spigot) to provide for potable water needs if deemed necessary. Food trucks maintain their own portable on-vehicle water supply. c. Site development: i. Minimal grading of property anticipated due to its existing improved nature. Any grading, if necessary, will be limited to facilitate access and parking. 31 P ,7 - F Q 20 40 n� 0 Q I\ I \ I \ 0 I � I \ a• I \\ z I I \ O I 2 � I ti l ... � r I ��\ Ile s, SQ t3 n� rr 1 Stakeof rPAr Figure 3 -Site Plan 4 Page S. Tirnefrarne and cost Upon zoning approval, the Applicant will promptly file for plan approval of the food truck operation and site improvements with the Planning Department, which the Applicant anticipates will cost approximately$50,000. Upon issuance of plan approval, the parking area and food trucks can be established within a year, more or less. B. HISTORICAL PROPERTY INFORMATION 6. May 18, 2018: Pre-Existing Lot Determination Planning Director deters subject property, consisting of 7,544 square feet, is a "pre- existing lot" of record, and therefore, will be treated as a legal lot of record based on evidence that the lot was created prior to May 1, 1999. Records provided by the landowner and confirmed by the County indicates that the property was platted on Tax Map Branch records on March 7, 1949. (See Exhibit A-Pre-Existing Lot Determination) C. LAND USE AND OTHER REGULATORY CONSIDERATIONS 7. State Land Use Designation: Urban. The State Land Use Commission relegates uses permitted within the Urban districts to those activities or uses defined by the County`s Zoning Code. 8. Current County Zoning: Agricultural-20 acres minimum lot size (A-20a) The Agricultural (A) zoning district provides for agricultural and very low density agriculturally-based residential use, encompassing rural areas of good to marginal agricultural and grazing land,forest land, game habitats, and areas where urbanization is not found to be appropriate. In the case of the A-20a zoning district, it defines a minimum lot size of 20 acres, thereby classifying the subject property as a "non- conforming" parcel due to its small 7,544 square-foot lot size. (see Figure 4 - Current Area Zoning and Figure 5 - Current Parcel Zoning) The concurrency provision of Section 25-2-46 of the Hawaii County Zoning.Code establishes standards for roads, water supply, and civil defense sirens that must be met and/or addressed as part of all rezoning applications. Suffice to say, the request is consistent with these standards and will be discussed in detail relative to the water, traffic, and public safety portions of this report. 5 Page H AWI M as R s SUBJECT PROPERTY RBd 10 CV.CV." Xw V.10 AS-1 RSS CV�fO CV-10 {I! f � s.1 i r'- -- Figure 4—Current Area Zoning i RS-x5 1 a - a SUBJECT PROPERTY 0 x CV-10 N-10 - __ _ ~-t ;'r awl AK01VE pU�E N UGH wAY o z RS-15 Figure 5—Current Parcel Zoning 6 Page 9. General Plan Land Use Pattern Allocation Guide(LUPAG) Map: Medium Density Urban The County of Hawaii General Plan is the policy document for the long-range comprehensive development of the island of Hawaii. The General Plan Land Use Pattern Allocation Guide {LUPAG} map appears to classify the subject property for Low Density Urban uses according to the County's Geographic Information System (GIS). However, given the broad-brushed nature of the General Plan and the location of the subject property between existing Commercial-zoned lands immediately adjacent to the Past and Hoea Road bordering to the west, it would make greater "geographical sense" to interpret the subject property as being situated within the Medium Density Urban area that would allow for village and neighborhood commercial and single family and multiple family residential (up to 35 units per acre) and related functions. (see Figure 6- General Plan LUPAG Map) —_Tij I — RE4V r MST ji, T_— t GAMY DwilaJ Urban Low Uenirty Urban r � SUBJECT PROPERTY I �__ -•--- _ _.._ i Medlum DanAy T- — - —i _ ?� J 7 �I Low banilty ur — _ M D@Mky Urban i° t t ` Figure 6—General Plan LUPAG Map 7 Page 10. North Kohala Community Development Plan Adopted in 2008, the North Kohala Community Development Plan (NKCDP) was developed with a planning area that included the subject property and the judicial district of North Kohala. In order to achieve its vision of"Keep Kohala, Kohala", the NKCDP identified the following four priority issues that needed to be addressed: ■ Growth Management—to direct North Kohala' s growth to areas within and near existing town centers in order to preserve the district' s open space and cultural resources, and to promote agrirulture. • Access—to provide for community access to mauka and makai resources. • Affordable Housing?--to provide affordable housing for the district' s residents. • infrastructure and Community Facilities—to update Kohata's infrastructure systems that are aging or in disrepair, and provide infrastructure, community facilities, and services that adequately serve the community on an on-going basis, and especially in times of emergency. A key policy for"upzoning"of lands within North Kohala is that its approval be allowed only if the proposed upzoning is substantially in conformance with the Goals and Policies of the North Kohala Community Development Plan. 11. Coastal Zone Management, HRS, Chapter 205A The entire State of Hawai'i lies within the Coastal Zone Management area. The intent of the Coastal Zone Management Program is to guide and regulate public and private uses in the coastal zone management area with respect to recreational resources, historic resources, public access to the shoreline, scenic and open space resources, coastal ecosystems, marine resources, economic uses, coastal hazards, managing development, public participation, and beach protection. 12.Special Management Area (SMA) The Special Management Area is a part of the Coastal Zone Management. Program that is regulated by the County, established to promote the State's policy to preserve, protect, and where possible, to restore the natural resources of the coastal zone of Hawaii. Therefore, special controls on development within the area along the shoreline are necessary to avoid permanent loss of valuable resources and the foreclosure of 8 P a 8 e management options, and to ensure that adequate public access is provided to public- owned or used beaches, recreation areas, and natural reserves, by dedication or other means. The subject property is located approximately 1-1/2 miles from the nearest coastline and is not situated within the SMA. D. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 13. Subject Property The property is triangular in shape and 7,544 square feet in size and fully landscaped as it adjoins the entry marker into the historic towns of Kohala,the "Horne of King Kamehameha I". The subject property is vacant of any structure erected by the Applicant. Unfortunately, it does appear that an existing garage constructed by an adjoining neighbor does appear to extend into the subject property by approximately 5 feet. The Applicant has attempted to amicably resolve this issue with the neighbor with no success and may pursue proper and legal means to resolve this issue, regardless of the outcome of this request. (see Figure 7 -Aerial Site Map) tInch POL V W q. 0I1 Portion 5:? 2. L,Oa A�v. � j Cif 6W ELUNG �. . �;! v7 »: �`�y �. .pro ./l} � � � �� � * �Vr�,IY►/ ca ar+ n 1■ �1 .l, �H M � I '00 112- Inch lj,699.52 ft. North T)� 3,354.04 f t. fast Re f. ,pUu 0 NALE'f 112 Inch Pipe (Se t j 7,33 RtRN1G f Govern �Qtdt7 JriJgJ (State Of 1Mawvi, Ci'pnOp -_ "1q])► w .Sprkg [`SBA J� �olVJ Figure 7—Aerial Site Map 9 Page 14.Surrounding 2oninpJLand Uses The subject property lies at the northeastern corner of the Akoni Pule Highway and Hoea Road. Immediately adjacent to the east and extending back into Hawi Town are properties along both sides of the Akoni Pule Highway zoned for Commercial (CV-10) uses (see Figure 3). Surrounding the property on all sides and in the general vicinity consist of Residential-zoned lands (RS-15) while further beyond are properties primarily zoned for Agriculturat uses with minimum lot sizes ranging from one to 20 acres (A-1a, A-5a,A-20a). Along the west side of Hoea Road and approximately 115 feet from the subject property is a 2.9-acre parcel that was zoned for Limited Industrial uses (ML-20) in 1972 that accommodates the County's Highway Maintenance Division operations. Other specific land use activities in the area include Kohala Welcome Center immediately adjacent to the east,Sacred Heart Catholic Church across the highway, and the Seventh Day Adventist Church about 430 feet to the east. Unfortunately,the State- owned Remnant "J" situated between the subject property and the Akoni Pule Highway is zoned A-20a, like the current zoning of the subject property. The Applicant has reached out to the State Department of Transportation (SDOT)to inquire into the possible purchase of Remnant "J", but was declined due to concerns regarding possible future development on the remnant that could affect sight distance at the intersection of the Akoni Pule Highway and Hoea Road. 15. ALISH: Not classified The subject property is not classified as Agricultural Lands of Importance to the State of Hawaii, due to its location within an area designated for urban-types of uses and development. 16. Land Study Bureau's Detailed Land Classification System Soils within the subject property are not classified due to its location within an area designated for urban types of uses and development. 17. US Soil Survey: Kohala silty clay loam, 3-12 percent slopes{KhQ These soils consist of well-drained, silty clays that formed in material from basic igneous rock influenced by volcanic ash. This type of Kohala soils are used mostly for irrigated 10 ( Page sugarcane. The permeability of this soil type is moderately rapid, runoff is slow, and the erosion hazard is slight. 18. FIRM Zone "X" -determined to be outside the 500-year flood plain.. 19. Flora/Fauna Resources No professional flora or faunal surveys were conducted of the site. The subject property has been significantly altered as part of a landscaped area adjacent to the entry marker to the towns of North Kohala that war. dune as part Of a commUnity-led enhancement project in 1990. This area continues to be maintained to the present day. The Applicant spoke with a number of long-time area residents and they indicate that the subject property was cleared of vegetation during the days of the sugar plantation from the mid-1800s until the closure of the Kohaia Sugar Company in 1973. 20.Archaeological Resources No archaeological features are known to exist on the subject property due to its improvement as a landscaped entryway into the towns of North Kohala. No significant land alterations are anticipated in order to accommodate the proposed food truck or similar type of commercial activities. Should such grading work be necessary, the State Historic preservation Division will be notified and all work shall immediately cease upon inadvertent discovery of any archaeological feature. 21. Cultural or Native Gathering Rights According to the Applicant, there are no known customary or Native Hawaiian cultural rights exercised within the subject property. 22. Public Access There is no record of a designated public access to the shoreline or mountain areas that traverses the subject property. E. PUBLIC UTILITIES AND SERVICES 23.Access: Access to the subject property is from Hoea Road due to its direct frontage with the subject property. Hoea Road is County-maintained with a roughly 20-foot wide 11 Pag„ pavement and unimproved shoulders within an approximately 40-foot wide right-of- way. Between the subject property and the Akoni Pule Highway is Remnant "J", a piece of State-owned land that has historically been used as parking serving other uses within the immediate area. As previously mentioned, the Applicant has inquired with the State Department of Transportation (SDOT) as to the possible acquisition of Remnant "J"with the intent to consolidate it with the subject property, but that request has been declined due to possible sight-distance issues if uses established upon the location of the remnant. Therefore,for the purpose of this change of zone request, the Applicant will limit its proposed access driveway to Hoea Road. 24. Traffic: Section 25-2-45(d)(1) of the concurrency provision requires a Traffic Impact Analysis Report (TIAR) as part of any rezoning application in situations where the projected use can generate 50 or more peak hour trips. Given the small scale and scope of the project, a TIAR was not performed as the project does not invoke the County's concurrency requirements. According to the Institute of Transportation Engineers Common Trip Generation Rates, a 1,000 square foot fast food restaurant with drive thru window and no indoor seating would generate an estimated 43 trips during the afternoon peak hour. A much smaller lunch truck operation, which is not considered a drive-thru facility, is anticipated to generate less peak hour trips. Fast food restaurants without a drive-thru window generates less than 30 trips. 25. Water County water can be made available to the subject property via an existing 5/8-inch water meter directly fronting the subject property and along Hoea Road that is sized to provide 400 gallons of water daily to the subject property. A fire hydrant is also located in front of the property. There is also a 5-inch waterline within the Akoni Pule Highway. For the food truck operation, all potable water will be transported via the food trucks. But an onsite hose bib (spigot) may be installed to provide supplemental potable water if needed. 12 ( Page 26.Wastewater As there is no municipal sewer system in the area. Portable toilets will be utilized by the Applicant due to the transient nature of the food truck business. Note that pursuant to State Department of Health Administrative Rule 11-62-31.1(a)(1)(C), only one (1) individual wastewater system (septic) may be permitted for a lot less than the minimum 10,000 square feet of land area typically required for each system provided that the lot was created and recorded before August 30, 1991. As noted earlier, the subject property was recorded on Tax Map Branch records on March 7, 1949 with the Planning Department formally recognizing the property as a pre-existing lot of record by its letter dated May 1.8, 2018, 27.Solid Waste Solid waste will be handled through commercial haulers or disposal by the landowner into authorized landfill sites or transfer stations. 28. Essential Utilities and Services Other utilities, such as electrical and telephone services, are available to the subject property to support the proposed commercial activities, if needed. Food trucks are self- supporting facilities and are not dependent on permanent installation of utilities. Emergency and intermediate medical care is available at Kohala Hospital, a 28-bed facility also located in the town of Kapa'au. 29. public Safety The Kohala Police and Fire stations are located in the nearby town of Kapa'au, approximately 2-112 miles to the west of the subject property along the Akoni Pule Highway. An emergency warning siren is located in Hawi in close proximity to the subject property. The County's concurrency requirements do not apply to the project as it is not proposing commercial or industrial activities equal to or greater than 35,000 square feet of gross floor area or introducing more than 24 residential units (Section 25- 2-46(o), Hawaii County Code). While a Civil Defense siren is an effective means of providing warning of pending harm, the County of Hawai'i does allow residents and visitors to sign up with their Emergency Notification System (ENS) that provides voice, email and text alert notifications about emergency situations within the County. 13 P F. STATEMENT IN SUPPORT OF CHANGE OF ZONE REQUEST 30. HAWAVI COUNTY GENERAL PLAN In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through a comprehensive policy analysis approach that evaluations and decisions can be made to better time or stage developments to achieve quality growth. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. Land use is one of the principal focal points of public concern and policy. The Land Use Element of the General Plan provides the primary basis for direct control and guidance of publicly and privately owned resources. It is also intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies,standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall Land Use goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. In addition to its goals, policies and standards, the General Plan also includes the Land Use Pattern Allocation Guide(LUPAG) Map,which is a graphic representation of the document's goals and policies to guide the coordinated growth and development of all sectors of the County by presenting a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non- urban form for areas within the County. The subject property is designated for Low Density Urban uses which typically consist of residential units with a unit density of up to six (6) units per acre of land, with ancillary community and public uses, and neighborhood and convenience-type commercial uses. However, given the broad-brushed nature of the General Plan and the location of the subject property between existing Commercial-zoned lands immediately 14 Page adjacent to the east and Hoea Road bordering to the west, it would make for greater "geographical sense" to interpret the subject property as being situated within the Medium Density Urban area that would allow for village and neighborhood commercial and single family and multiple family residential tup to 35 units per acre) and related functions. This argument is no-better highlighted that looking at Figure 3-Current Zoning which shows the subject property being enveloped by existing Commercial- zoned lands and the Akoni Pule Highway and Hoea Road. The subject property currently maintains a zoning designation of Agricultural with a minimum lot size of 20 acres. clearly an anomaly as surrounding properties in the immediate area consist of residential and commercial uses. Think of this change of zone request as placing the last piece of Commercial zoning within the central core area of Hawi town whose western edge is already defined by Hoea Road. Given the limited scope of this request and its peculiar state as the last piece of Agricultural-zoned land within an urban area of residential and commerciai uses, approval of this request will not encourage strip commercial development nor be disproportional to the small town character of Hawi, This is memorialized by a monument directly fronting the subject property that welcomes everyone to Historic Kohala, place-marking the subject property as a sort of gateway into this historic district. Finally, the proposed change of zone request to Commercial (CV-7.S) will allow for the use of the subject property in a manner consistent with its immediately adjoining Commercial-zoned (CV-10) neighbors as well as to afford practical opportunities to reduce the minimum yard setbacks for any proposed structure given the small and awkwardly configured property. 31. PUBLIC SERVICES AND UTILITIES Access to the subject property is from Hoea Road, a County-maintained road with a roughly 20-foot wide pavement within an approximately 40-foot wide right-of- way. Situated between the Akoni Pule Highway and the subject property is a thin remnant piece of State-owned land that is intriguingly not a part of the State Highway system. Discussion with a State Department of Transportation representative in Hilo 1SIPag = indicated that parking within this State-owned remnant piece will be prohibited due to sight-distance concerns. For this reason, access to the subject property will be via Hoea Road, which the Applicant determines to be adequate to accommodate the anticipated traffic to be generated by the proposed lunch truck operations given the short run Mess than 120 feet) along Hoea Road to access the property from the Akoni Pule Highway. The Applicant will ensure that a driveway connection to Hoea Road meets with the approval of the County Department of Public Works. According to the Institute of Transportation Engineers Common Trip Generation Rates, the project food truck operation is anticipated to generate much less than 50 vehicle trips during the PM peak hour, and therefore should not have a significant adverse impact to traffic along Hoea Road or its intersection with the Akoni Pule Highway. No traffic mitigating improvements beyond an approved driveway connection to Hoea Road with adequate sight distance is anticipated. The Applicant will agree to a condition that will require a Traffic Impact Analysis Report (TIAR)to be prepared and submitted for review and approval by the Department of Public Works prior to Final Plan Approval for any use that the Planning Department, in consultation with the Department of Public Works, determines will generate over 50 peak hour trips. The nearest sidewalk fronting Commercial-zoned properties is located at least 630 feet to the east of the property, fronting the main part of the Hawi commercial core. Should the Applicant's request for Commercial (CV-7.5) zoning be approved, he is requesting relief from having to provide curb, gutter and sidewalk improvements along his Hoea Road frontage given the small land area requesting to be rezoned and the fact that this property does not have direct frontage with the Akoni Pule Highway due to the State-owned remnant. County water can be made available to the subject property via a 5/8-inch water meter located on Hoea Road, capable of providing 400 gallons per day, more than adequate to support the limited commercial activities associated with a food truck operation. The availability of potable water to the property could supplement the potable water needs of the food trucks, which are typically self-supporting operations. 16 U ; , Wastewater will be accommodated by portable toilets due to the mobile and temporary nature of the proposed food truck operation. State Department of Health Administrative Rule 11-62-31.1(a)(1)(C) states that only one (1) individual wastewater system (septic) may be permitted for a lot less than the minimum 10,000 square feet of land area typically required for each system provided that the lot was created and recorded before August 30, 1991. The subject property was recorded on Tax Map Branch records on March 7, 1949 with the Planning Department formally recognizing the property as a pre-existing lot of record by its letter dated May 18, 2018. Therefore, should a septic system be contemplated in the future, a septic system can be installed on the subject property. Emergency warning (civil defense) sirens are located nearby in Hawi. Please note, however, that the County's concurrency requirements do not apply to the project as it is not proposing commercial activities equal to or greater than 35,000 square feet of gross floor area or introducing more than 24 residential units [Section 25-2-464o), Hawaii County Code]. The County of Hawaii does allow residents and visitors to sign up with their Emergency Notification System (ENS) that provides voice, email and text alert notifications about emergency situations within the County. As the property is very flat and extensively landscaped, there are no severe geological or topographical problems within the subject property that cannot be properly rectified or which would render the land unusable for its intended purposes. According to the Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA), the subject area is within Zone X, an area determined to be outside the 500-year flood plain. The project area is also located outside of any coastal flooding zone or tsunami evacuation area. Therefore, for the reasons stated above, approval of this change of zone request will conform to the following goals, policies and standards of the Land Use Element of the General Plan: Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County 17 ] Page • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. ■ Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. • Zone urban-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. * Encourage urban development within existing zoned areas already served by basic infrastructure, or close to such areas, instead of scattered development. More specifically, approval of this request will also conform to the following relevant goals and policy regarding the Commercial component of the Land Use Element: Goals * Provide for commercial developments that maximize convenience to users. Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions,communities,and neighborhoods. Policies • Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. • Distribution of commercial areas shall meet the demands of neighborhood, community and regional needs. • Encourage the concentration of commercial uses within and surrounding a central core area. • The development of commercial facilities should be designed to fit into the locale 18 Page with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. Courses of Action • The development of a commercial core within the towns of Hawi or Kapaau shall be encouraged. • Do not allow strip or spot commercial development on the highway outside of the designated urban areas. 32. NORTH KOHALA COMMUNITY DEVELOPMENT PLAN Relative to the North Kohala Comm u_n_ity_Development Plan ("NKCDP"), Section 15.1 of the County General Plan called for the development and eventual County Council adoption of Community Development Plans. The General Plan states that the CDP "will translate the broad General Plan statements to specific actions as they apply to specific geographical areas." The General Plan also notes that should the CDP require a General Plan amendment, it could be considered concurrent with the adoption of the CDP. However, "If there is a direct conflict between the Community Development Plan and the General Plan, the General Plan shall be controlling." Pursuant to the above, the North Kohala CDP was developed and adopted by the Hawai'i County Council on October 22, 2008. It became effective on November 5, 2008 as Ordinance No. 08 151. The overall GOAL of the North Kohala CDP is: To manage the future growth of the district in a manner that is consistent with the Kohala lifestyle and ideals of being a rural community with a strong cultural heritage, an agricultural base, and a small town feel. The CDP also identifies the following VALUES of the North Kohala community expressed in words and phrases: • Spirituality and prayer(pule) ■ Ohana Honoring the past • History of Kamehameha a Open space • Protecting natural resources o Humility is strength 19IrL� € • Being respectful ■ Bridging old ways with the new • Tolerance towards your neighbor • Give and take; give comes first • We stand together for the 'aina, the community, and each other Cultural and historic preservation community: In order to honor and preserve an unparalleled historical heritage that includes heiau, ancient settlements, and other sites of great significance to the Hawaiian people, and its uniquely multi-ethnic community,. the NKCDP states that North Kohala shall be regarded as a Cultural and Historical Preservation Community. Thus, all decisions regarding the development of land shall be required to assess and disclose their potential impact on the cultural sites and resources within the district, and shall be in keeping with the heritage and culture of North Kohala. The subject property located at the corner of Akoni Pule Highway and Hoea Road and consisting of only 7,544 square feet, is not known to contain any surface archeological or historic artifacts or features, nor is it known as a site of cultural significance. The Kohala community generally believes that "Keeping Kohala, Kohala" means maintaining the Kohala Lifestyle. This lifestyle was, to a large extent, created by the sugar plantation and ranching. It was a lifestyle of sharing, and a system of exchange and bartering developed. Within the various camps, there was a strong sense of community, as people were more concerned about the camp as a whole, than their personal needs. With the demise of the sugar plantation, plantation workers became individual small land owners, but the system of sharing, bartering, and using the natural resources established within the plantation communities continues on today in Kohala. The key planning implications related to Kohala's physical setting and history include: • Remoteness-The area is relatively remote and rural, and residents want to keep it that way. • Historicallcultural significance-Important cultural sites and landscapes should be protected, and place names commemorating Kamehameha l should be recognized. • Agricultural tradition-Agriculture should be practiced and promoted in various forms. 20 � rag The subject property can be considered a "zoning remnant", representing the last small piece of privately-held Agricultura(-zoned land in an area surrounded by residential, commercial and industrial uses. The limited nature of this request, essentially aligning the zoning of the subject property with its adjoining Commercial- zoned neighbors, will not establish a new land use pattern that disrupts the remote rural-agricultural character of the North Kohala communities nor will it detract from the historic and cultural significance of this district. For the lack of a better term,this request can be viewed as "infill" zoning as it replaces its current incompatible Agricultural zoning in favor of Commercial that aligns with adjoining properties along this section of the Akoni pule Highway. The key planning implications related to Kohala' s natural and cultural resources include- • Cultural sites and landscapes-Important cultural sites and landscapes, including the entire Kohala coastline and the mauka kula lands, should be protected. • Coastal (makai) resources-Kohala' s pristine coastline and abundance of marine life should be protected from development and be accessible to residents. • Mountain (mauka) resources-The district has important resources in its mauka regions that need protection, such as streams, forest areas, and pasture lands. • Ahupua'a-Ancient Hawaiians looked at the land from the framework of the ahupua'a, which is the unit of land that extends from the top of the mountain to the fishing waters of the sea, similar to today' s concept of a watershed. These wedge-shaped divisions of land contained all of the resources needed for human survival, and provided the principal physical and social structure for Native Hawaiian society, This holistic perspective is important for current-day land use planning as well, since activities in the mauka regions directly affect makai areas. • Agricultural potential-Agriculture should be promoted and agricultural lands should be preserved for this use. 21 � P .� , • Open space-The district's large open spaces should be preserved. • Vulnerability to Natural Hazards-Emergency preparedness should be a priority. The subject property is located at the corner of the Akoni Pule Highway and Hoea Road, on lands previously disturbed, situated adjacent to Hawi town and far away from the coastline or mountain resource areas, and not identified as a resource having any significant agricultural potential nor value as open space or a cultural resource. Relevant key planning implications related to Kohala' s demographics and economics include: ■ Population Kohala is a rural area and should be maintained as such.Thus, development should be directed to more urban areas. ■ Economic opportunities-Agriculture should be supported and promoted, and other economic opportunities should be explored. The small size and awkward dimensions of the subject property will only accommodate small commercial opportunities, for which a site for lunch trucks provides the perfect solution. Regardless of its configuration, the location of this property at the entry point into the towns of North Kohala and in the midst of surrounding Commercially-zoned lands, it would be reasonable to pursue similar commercial opportunities for this property, no matter how small, rather than maintain its current Agricultural-20 acre (A-20a) zoning designation that is clearly a remnant of past land use actions for the area. PRIORITY ISSUES & GOALS. In order to " Keep Kohala, Kohala," and to achieve the VISION for Kohala, the CDP focuses on four Priority Issues. The aim was to identify these Priority Issues and the Goals for each issue, and then address them with appropriate Strategies and Action Programs. The applicable Priority Issues identified by the Kohala community and their general Goals are: • Growth Management-to direct North Kohala' s growth to areas within and near existing town centers in order to preserve the district's open space and cultural resources, and to promote agriculture. 22 P a 2 • Access-to provide for community access to mauka and makai resources. Approval of this change of zone request for this little corner of Hawi town will not misdirect "growth" to areas outside of the existing town centers in North Kohala. "Growth", in this case, assumes Urban-types of growth such as residential, commercial and industrial uses. Looking at the existing Commercial zoning pattern of properties directly adjacent to the subject property and extending west toward the main part of Hawi town, it is quite apparent that the subject property is actually inappropriately zoned for agricultural uses with a minimum lot size of 20 acres. Hoea Road would appear to be the logical western extent of the commercial town core of Hawi, consistent with the growth management goals of the NKCDP. Furthermore, the property, given its size and location, does not provide for or restrict community access to mauka and makai resources. The CDP identifies the following Key Policies for North Kohala; • Cultural and Historical Preservation Community All future land use decisions for North Kohala shall be in keeping with the heritage and cultural significance of Kohala. • Rural Character-Recognize North Kohala as a Rural Community that should not experience significant urban/ suburban development that impacts population growth. • Infrastructure Requirements-County approvals of proposed new development projects shall require that adequate infrastructure be in place. Consideration of cumulative impacts shall be included in the evaluation of the adequacy of infrastructure systems. • County permits and approvals for North Kohala, including but not limited to zoning changes, subdivision approvals, and building permits, shall have expiration dates, and these expiration dates shall be adhered to. Any requested extensions of expiration dates shall be carefully evaluated. The location, scope and scale of the requested change of zone will not be inconsistent with the designation of North Kohala as a Cultural and Historical Preservation Community. For similar reasons, approval of this request will not impart a 23 Page change upon the rural character of the North Kohala communities or exceed the ability of existing infrastructure to support it. The Applicant would not have any objection to including a condition of approval that will require establishment of some commercial use upon the property within 5 years. 33. COASTAL ZONE MANAGEMENT This change of zone request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The subject property is not situated within the Special Management Area, being located at least 2.5 miles from the nearest shoreline and not subject to any coastal hazard nor anticipate to have any adverse impact upon coastal resources. There is no record of a designated public access that traverses the property. As the site has been previously cleared and landscaped for many decades, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. In view of the Hawaii State Supreme Court's " PASH" and "Ka Pa'akai 0 Ka'Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site. As the subject property has been physically altered and extensively landscaped, it is unlikely that there are any valued cultural, historical, and natural resources to be found within the property. For this reason, the Applicant could find no evidence of any possible adverse effects or impairments that will occur to any valued resources should this change of zone request be approved. Should the Applicant inadvertently encounter any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials, the Applicant agree to cease work in the immediate area and contact the Department of Land and Natural Resources-State Historic Preservation Division (DLNR-HPD), resuming activities only upon securing archaeological clearance from DLNR-HPD when it finds that sufficient mitigation measures have been taken. 24 PaU 34. CONCLUSION Based on the discussion above, the Applicant find that approval of this Change of Zone request from Agricultural-minimum 20-acre lot size(A-20a) to a Village Commercial-7,500 square foot minimum lot size (CV-7.5) zoning district will conform to the goals, policies and standards of the General Plan; adheres to the general policies and objectives of the North Kohala Community Development Plan;will not have a significant adverse impact upon coastal resources; and would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. 251PagY Harty Kim rsca, Mit h:le! Yee �_-•' '';'a�, U*or " r)dryn Arai i r,i i,•..>,s rrtitc N Ki Hawai'i 17rYix I pl I'uu.,le '+i rsr,5mrc, "d;5044 Ar,r Kn,hrrlatrk county A�dpa-Kant ri�t�ai'+9 -10 court�l� � Hawaii 41i1r ,4 i u r 96720 fine l MR 3D.4770 rn�„c�K,, y x 11.92" FL*MR)127-3Sh3 PL,ANNiNG t)EPARTMENT Fea lsoil %-8,"2 May 16,2018 Dwayne Cravaiho P.O.Box 928 Kapa'au,fil 96755-0928 Dear Mr.Carvalho: DETERMINATION OF PRE-EXISTING LOT OF RECORD Portion of Land Commission Awai'd 1 D575, Ilawi Village, Haw!,North Kuhala,Island of Hawaii,Hawaii Tax Map Key 5•5-009:019 We have received your correspondence of April:30, Crr 19,regarding the above listed property- The County Cr,,,�,o,! r'eceri?i l,.i_os(2tl sn aimi !uinnent to the Hawaii County Code (IICC),Chapter23,S-.15Ji'.! .i. r A r� 0 • 1.1,Sect ir.�!i ':i•1 I tr+expand the criteria for the recognition of pre-exo,ung 1' •): r:'i Ilyd to inclL:J Pi 0 itiirrriM 101-how property has historically he en recorded at 11i,•fit,i-1',�., i.,' 'c,, , i+vanres, [.ancJ Corn t and/or the Tax Maps Bureau. Specific.iIlyx,Section 23-11H ivasar:a' nded wish chi, additional criterion: "(c) The lot was r-reated prior I : '.; 1,1999 h, ilie record.ition with i h-., yejlm-tment of Land and Natural. Resoura-a:. lii:,t'l, , +,f l'nti rir c , •t;istra!- l ',ht l'l-C-id f Court or other applicable state a;r 1!rI, (i.,l.'; , . `t 11 l; c, ,i' thrutiglt c�'idcncr 01 0 properly prepared deed and/or suhdr,i-lor1 id,1L ar,,,! t--1,. :,t:'Psequefltly Issucd a lox Map Parcel Number and individually :,;tit_i::;cu ir)r re,,l tax purposes although not included in(a) or(h) abow-- (i) This subsection,, only aTirlies for such recordings that convev the newly created lot/parcel,for som:'c to parry ,L;i.'r lri,t,f i iT 9! I'11LU,'." Therefot e. the documents submitted,our departinotit t c,i:cis and those of the Department of Finance-Real PrnpertyTax Division(RPT) in at:cortkirice lvith Article 11 (Pre-existing Lots)of the Subdivision Code(Sections 23-117 through 23- 120 l,Our review of the records has found the Following history: www r 7[L1iFTJL&-'Qr*A1 ++tnwlr'I Crx '11 un E.TW0 r'Mpm+ r+. '.N PW0W0 ` Pl f,nlllflp.'{�r1.7Ma,iFMrt4 .. H1WT A e P7emE)dat!ng L Ilwayne Crovt 11It11 h?!S df,,1018 1. The InLis rdetuifie,I as'I'MK 5-5-09:011.1,c:ontaming 0,168acres on the first Tax MdI) 11111'eaLk plat 1Iriiited Mal•cli 7, 1949 with Koliala Sugar Corporation as the owil r; 2. Thc lint changed wr ni r::ttilk Irl -Ti Knhala Sugar Corporation to hole Bakersfield, IT1C-,via ;nstrlirlient No.138-188553 recorded on Decernher29, I�i(Si= !rl lil�r!' _7.°i.'.iI;II. ! ,•;+ ' I�r7; 3. The Ic,t l:lr;o ,:'d . I)olu li,liccrsfieltt, Inc,,to Hartford Realty Corporaue.-i '..,.I OLlitclairlt l}+_.cl I!1strunlent No.88-188556 recorded on 4. The lot charlgk�(i owit�-rshfp From 11,111for'd Realty Corporation to Chiilnn International Of Il�a�,i'i, IF1C.,via Quitclaim [3uud InStrlktilent No.88-0188556 recorded oil P.lecernLr r c`), 1913t1; S. The lot 01,1il ,td rr��•la:rship from.Surety 1Cl�h+l ;(;7rt)c;I a t t(i I Ec; I)avtavtre C:raval lll} via Quitclaim Deed Il+strai III eIit Ncr.Sclf)7(1,41 rlarnr�i ;1(I1 l�4arr_Ir .f �U 16. 6. Per criteria In Seniors 2A-I18, tiiL� r,i ti „ I tL{: ;Il I Nr ,', 1 l'i J'i la fir:' i•rni'da t111 1� :1I i.' >�.h.,l r l,fli!'ll( +iC I 1 ,l c;i;l ! -I.i 11 i�•.tililll�,l�. .i, -.i Li l!` _ray wt and thurilfure,it is a legally created lut of rec cif d -md 7. We find no record of this lot having been consolidated with any other adjacent "Ind. Therefore,wi?confirin that Peircel 6 19,containing 0.168 acres is a legal pre-existing lot of record. Should you haveany questions,please feel free to contact Jonathan Holmes of this department. 5 i n c-erely, M[CHASL YEE Planning Director RH.tb llroh3ilPlanisin61puirllelAdlniaPcrmisU;aislola�WELOHt1're• xistingLalOgt�wrd}�1a1B 5007Ui'7Carva1haK1R[U0516•kB-dacx xc: Tax Maps and Records Supervisor Real Property Tax Division-Kona Manager,T]W5 Planning Department-Kona Connie Kiriu (via e•rrlail anir �1 r^1n 3l_tL 1.4 202 -. 1 0:2" TZ if DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE; July 13, 2021 TO' Zendo Kern, Planning Director FROM: �� Department of Public Works, Engineering Division SUBJECT: CHANGE OF ZONE APPLICATION (REZ 21-000248) Request' A-20a TO CV-T5 Applicant: Dwayne Cravalho TM K: 5-5-009:019 We have reviewed the subject application forwarded by your memo dated July 7, 2021 and offer the following comments for your consideration; 1. All earthwork and grading activity shall conform to Chapter 10, Erosion and Sedimentary Control, of the Hawaii County Code. 2. All development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works. 3. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. 4. All driveway connections and construction within Hoea Road shall conform to Chapter 22, County Streets, of the Hawaii County Code. Access to Hoea Road, including the provision of adequate sight distances, shall meet with the aoproval of the Department of Public Works, Engineering Division. 5. Based on the proposed zoning, we recommend the applicant provide improvements to the subject property's Hoea Road frontage consisting of, but not limited to, pavement widening with concrete curb, gutter, and sidewalk, drainage improvements, and any required utility relocation, meeting the requirements of the Americans with Disabilities Act and the approval of the Department of Public Works. The improvements shall be located within any future road widening setback established by the Planning Department. Cutmty of H:n%dii i.c an Fquai 0iipcirtunit} Provider a.id Lmplu}er Ptar7nir�C� ����. 14 3 4 6. Install streetlights and traffic control devices as may be required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices Questions may be referred to Bryce Harada at 961-8042 CNIDIV of}la"waii 15 an Eiqusl Opportunioy Pro%ider and L Ill ployer Mitchell D.Roth Rarnzi I. Mansour Mayor Director Lee E.Lord Brenda D.lokepa-Moses Managing Director Deputy Director County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kek 0 a n 5o'a street,Suite 41- Hilo, Hawai'i 96720 Ph: (808)961-8083 a Fax:(808)961-8086 Email: cohdem@hawailcounty.gov cOil PLrINNING CIEPT Jill_.30 202 1 PH 3 MEMORANDt.M RECT HAW DEL IVERFL TO: /endo Kern, Director Planning Department FROM: Ramzi I. Mansour, Direc Department of Environmental Management DATE: July 27, 2021 SUBJECT: Change of Zone Application(REZ 21-000248) Request: Agricultural (A-20a)to Village Commercial (CV-7.5) Applicant: Dwayne Cravalho Tax Map Key, (3) 5-5-009:019 The Solid Waste Division has reviewed the subject application and offers the following comments and/or recommendations(contact the Solid Waste Division for details): (X ) No comments. 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 Ili]lest extent. Aiiiplc and equal room should be provided for rubbish and -recycling. G 1VCT1 \k U StC M ay be transported to the green NvaN,i e sites located at the West Hawai'i Oquin 1 c s I'ac I I i t v and East I I awal'i Organics Facility,or other suitable diversion prop rains. Construction and demolition waste is prohibited at all County Transfer Stations. Submit Solid Waste Management Plan in accordance with attached guidelines. Existing Solid Waste Management Plan is to be 1611owe(i. Prmide update to the clepartnient on current status. ()tlier: .......... Planning Dept. County of Hawai'i is an Equal Opportunity Provider and Employer Exhibit 5 Page Z The Wastewater Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Wastewater Division for details): WASTEWATER DIVISION COMMENTS: ( } No comments. Require connection of existing and/or proposed structures to the public H1 accordance with Section 21-5 of the Hawaii County Code. Require Council Resolution to approve sewer extension in accordance with Section 211- 25.1 of the 1-1awai`i 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 Hack ai`i County Code. ( } Check or lire out as applicable.- [ ]Ifrequired by the Director-ofthe Department of Environnn,wal I hinagenieni ( Director of DEA1"), f ]applicant s hall coricluct a sewer stud}' in uccordrance with the then applicable wit stcir tiler systc in de.siVn stdrndardV Prior to approval to connecl to the Couni.r sc icer s}.stcrrr, .gpplicasv sheill prm,id .srrc•Jr sewer Bracy or other•facility improrc in nts US the I)irc c rrrr of'DEMnarrz rcasonuhli'reyvire, ii7hich rhea sewer study matt- indicate urc tic hlsablc far mitigation of irarp(.1c is :)/the proposed1 proiccl. Contact fVastewuler Division ( 'hic_T firr details. ( } ( } Proposed act.I%IIV may he su'-)jcct to existing or flltUIC fcdc:ral. state, orcounTN, r-e elation trnder'l-itle 40 CFR 403.5, prohibiting discharge of certain pollutants into publicIN owned treatn-rcitit skorks. Contact the Hawaii Department of Health for information regarding pretreatment standards.. (X ) Applicaw shall follow Hawaii Department of Health regulations. ( ) (:ether: I?!�T:pls W ArtpR fi i- 15� '+9 DEPARTMENT OF WATER SUPPLY - COU NTY OF HAWAI`l 345 KEKUANAij'ASTREET, SUITE 20 HILO, HAWAI'l 96720 TELEPHONE(808)961-8050 • FAX(808)961-8657 July 29,2021 COO PLANNING DEPT TO: Mr.Zendo Kern, Director JUL 29 2021 PH2:26 Planning Department 11:0\1: Keith K. Okamoto, Manager-Chief Engineer tit 1t.11-'C l': Change of Zone Application (REZ 21-000248) Request: Agricultural(A-20a)to Village Commercial (CV-7.5) Tax Map Key 5-5-009:019 We have reviewed the subject applications and have the following comments and conditions. The current water availability conditions in the area, which are subject to change without notice, allow for only one(I) unit of water,at an average of 400 gallons per dati (GPD), per existing lot of record. Please be informed that the subject parcel is currently served by a 5/8-inch racier.which is limited to one(1) unit of water or aft average of 400 GPD. The proposed zoning \viII require the installation of reduced pressure type backflow prevention asserrlbly. \\ithill Ii\e [5) ['"1 ol,(lie meter oil private property. The installation of the backflow prc\'cntit,li 0, enihlr must b?: in�-;pcctcd and appio\,cd h\ the Ocpa)Illmi llt. I'Icll,c i�., imOrmed that 111c flrr ll\i°];till II'owili'a the pwvel iw ,th;lhle tif'lirr\Idim, it ilicorciR:al fire no\\ (it' i fl :.';ll,;m:. permimilc(Cil li t' 1110,%CA C1- 1.[1i' [)e11:11-lllielll \' ,ttet' re(lt.0 c lluit a ininini ml of '-snit) c II''\i l c a\01[:1111 ,lt HIC tiil 1'l�l t'11�2 11:0tectloll Cor the proposed /oniut, I lie apltlit:,ln( ': ill ticeil to iliillr, \. thL. v a1ci- N,t nl W lMi,Ice.- Cltc required fire floc\ wid install a lire l ..+.leant I'l-011LiJI"' II C ll:l,-ccl. 1t ICCilriilllCilLI chat the appli,::li�l c:i,wl i l (lie I ile Department for any fire prowcuon requirements 01 �iltcniatn cs. libjeet to other w1clicle". [alit renicllls to colisiruct illipro\cnirnts \1 tthiii til(.' rnrid righl-of-\\ ly frolinliv the prt)peity affecwd by the pri,ptls�.,d de\clopment, the applic.iiii shall he -c•sponsible I''Or llic• relocation and acljustiric•lit ol'the Dcpartment-s affected water system facilities, should they be necessary. Should there h-e any questions, please contact Mr. Ryan Qtlitoriano of our Water resources and Planning Branch at 961-9n7n. c,\tension 256. Sincere[%,Yours. �4v"V+ Keith K. Okamoto. P.E. Manager-Chief l_noineer RQ:dfg copy— Mr. Dwayne Cravalho Mr. Darya Arai Planning Dear. . . . Water, Our Wost Precious source . . . Kj2 Wai,4 "ne. , . ExhibitThe Department of Water Supply is an Equal opportunity provider and employer. 0! Mitchell D. Roth Paul K. Ferreira Police Chief Kenneth Rug ado Jr. County of Hawai' i POLICE DEPARTAAENT 349 Kaqii-olmii Sht:ci I I il,,. llw�%ai-i 96720-3998 I in(8081 9)hl-2389 July 19, 2021 COH Pr NNING DEFT jUL'X20 2021 AMIDD:131 RECINHAND DELIVERED TO LEI LANNING DIRECTOR FROM L77RIE-I'RA, POLICE CHIEF SUBJECT CHANGE OF ZONE APPLICATION (REZ 21-000248) REQUEST: AGRICULTURAL (A-20A) TO VILLAGE COMMERCIAL (CV-7.5) APPLICANT: DWAYNE CRAVALHO TAX MAP KEY: (3) 5-5-009:019 This is in response to your correspondence dated July 7, 2021, with regard to the above- referenced change of zone application. Thank you for allowing the Hawaii Police Department to offer comments. There are concerns that the proposed two parking stalls (as displayed on the provided parking map) are not adequate for the amount of patrons likely to visit the food trucks. Also of concern is the amount of, and ingress and egress of, pedestrian and vehicular traffic, originating from Akoni Pule Highway onto Hoea Road. Because of the limited amount of on-site parking stalls, it is anticipated that pedestrians will park their vehicles on the highway and then cross the highway, on the blind turn, with no marked crosswalk, which presents a significant safety concern. Please direct any questions or concerns to Captain Scott Kurashige, Commander of our North Kohala District, via email at Scott.Ku rash ge4hawai[cou nty.goy or at the North Kohala Police Station at (808) 889-6540. SJK/SDB/jaj 21HQ0669 Planning Def.);_ I IiMdi I(OUIIIN is cill I gLKII Opj)tWWWI 1'rn%i&i ,inn 1-ni[qo%cr' SCANNED Exhlbif 7 7/20/2021 COR-21-564152 ............................ DAVID Y.IGE ELIZABETH A.CHAR,IJ.Q- ;UVIDINOR OF HAWAII x Jc• : STATE OF HAWAII y in IEply.pl[. i!fBIBF'V. DEPARTMENT OF HEALTH N 0.s'_'1XuIC.. r(IH rPl_0"N'L!r', 1171`3T MEMORANDUM JUL 20 2021 PM 1:51 REC D H1)N0 DELI',►FVE_.D DATE: July 21, 2021 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda,1��� District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 21-000248) Kcrlurst: Agricultural (A-20a) to Village Commercial (CV-7.5) Applicant: Dwayne Cravalho TN1K: 5-5-009:019 The iipplicLrnl would need to meet the of our Department of Health Air Pollution 161e,,. Chapter 60.1, Title l I. St,ite of]-Li\ :Iii for dust control. If there is need to discuss these requirements. please contact our Clain Air Branch staff at Ph. 933-0401. Construction activities must conip[N, with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." 1. The contractor must obtain a noise permit if the noose Icycls from the construction activities are expected to exceed the allrn\',Lhlc leNcls of the. rules. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must he c(}uipped with mufflers. 3. The contractor- rr)ust comply with the requirements pertaining to construction actin itICS ,rs specified ir} the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933-0917. Planning Dept, SCANNED Exhibit 8 7/26/2021 CO R-21-564695 101 Zendo Kern July 21, 2021 Page 2 of 2 We recommend that you review all of the Standard Comments on our website:: lllt�l.�i)16`•.,i�i ��i,��l�'�i�II�ICiYarsiilltli 111.91fC11ti ���Pflkilll"+'1:111�I.[�L.�liifllfCltiL'.1111k1___I. Anycomments specifically applicable to this project should be adhered to. The same website also feature,, �1 Healthy Community Design Smart Grr_-mth Checklist Wheckli-,t) created by Ludt LAiN iri,nnlent WorkinLT Group (BEWG) of thie Hawaii Suite Dcp, ii-wicri kd Ilealth. The l3FWG tlia( ,tatc 1Illd COL1111V Iflanning del7,lrtments. dcNeloper�. I)Itilll[1�1'ti, engineers and other1111i:CctileCl 17;111IeS ;ij)pl\ the lti dIdI~r built CI1Vir0IIII] IV llrincil lc, in 'I IC C liecklist whenever they pl,ln or rcc%10�� 11ew irr rc&L eloplllcnts % c Am) 'atik you to share this IiSI I I iltllcr', 10 111LAVIINe ci}m111uniry �1\�if C 011 heal ihy community dc�,i Ti DAVID Y.IGE JADET.BUTAY GOVERNOR add W upm�tiu DIRECTOR I'Mi Deputy Director tt " LYNN A.S.ARAKI-REGAN u DEREKJ.CHOW ROSS M.HIGASHI EDWIN H.SNIFFEN STATE OF HAWAII IN REPLY REFER TO: DEPARTMENT OF TRANSPORTATION DIR 0688 869 PUNCHBOWL STREET HWY-PS 2.6129 HONOLULU, HAWAII 96813-5097 August 11, 2021 Mr. Zendo Kern Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Attention: Tracie-Lee Camero Dear Mr. Kern: Subject: Request for Comments, Change of Zoning Application (REZ 21-000248) Proposed Village Commercial Zoning project 55-697 Hoea Road Kaauhuhu, North Kohala, Hawaii Tax Map Key No. (3) 5-5-009: 019 Thank you for your letter dated July 7, 2021, and the opportunity for the Hawaii Department of Transportation (HDOT)to review the above-referenced project for a Change of Zoning application from Agricultural to Village Commercial District. The request is also to allow for fast food takeout and dining operation proposed with two food trucks, several outdoor tables, and two parking spaces. The 7,544 square-foot site is a corner lot, which adjoins a .052-acre, remnant Lot J (State-owned) on the site's frontage facing the Akoni Pule Highway. The project site is located at the northeast corner of State-owned, Akoni Pule Highway (Route 270) and Hoea Road; a County roadway. The site access for the two proposed parking spaces will be on Hoea Road. The HDOT has the following comments: 1. We confirm that the adjoining lot J at the corner is owned by the HDOT. An Applicant's request to purchase our Lot J by the applicant in 2020 was not approved (see letter attached HWY-RM 3.96605). 2. We are concerned about the validity of the application justification regarding the adequacy of 2 parking spaces proposed based on the stated projection of 30 vehicle trips to be generated by the food truck operation. Deficient parking conditions at the site could result in unwanted parking patterns along our State facility (Akoni Pule Highway). Planning Dept. Exhibit 9 Mr. Zendo Kern HWY-PS 2.6129 August 11, 2021 Page 2 3. We are also concerned that the location of the access driveway in close proximity to Akone Pule Highway may create traffic safety issues. Due to our concerns above, the HDOT recommends the applicant resolve these issues before approval of the Change of Zoning application from Agricultural to Village Commercial District. If you have any questions,please contact Jeyan Thirugnanam, Systems Planning Engineer, Highways Division, Planning Branch at(808) 587-6336 or by email at jeyan.thirugnanam@hawaii.gov. Please reference file review number PS 2021-119. Sincerel �l JADE T. BUTAY Director of Transportation Attachment: HDOT Letter(HWY-RM 3.96605) DAVID Y.IGE $ a� JADE T.BUTAY GOVERNOR DIRECTOR Deputy Directors HIGHWAY DESIGN BRANCH,ROOM 688A , } � LYNN A.S ARAKI-REGAN BRIDGE DESIGN SECTION,ROOM 611 ,�' DEREK J.CHOW CADASTRAL DESIGN SECTION,ROOM 600 '°r ROSS M.HIGASHI ENVIROMENTAL DESIGN SECTION,ROOM 688A HIGHWAY DESIGN SECTION,ROOM 609 "" EDWIN H.SNIFFEN HYDRAULIC DESIGN SECTION,ROOM 636 LANDSCAPE DESIGN SECTION,ROOM 688A STATE OF HAWAII IN REPLY REFER TO: TECHNICAL DESIGN SERVICE,ROOM 688 DEPARTMENT OF TRANSPORTATION HWY-RM 3.96605 RIGHT-OF-WAY BRANCH,ROOM 691 HIGHWAYS DIVISION AT KAPOLEI TRAFFIC BRANCH,ROOM 602 601 KAMOKILA BOULEVARD KAPOLEI, HAWAII 96707 February 19, 2021 Mr. Daryn Arai P.O. Box 4501 Hilo, Hawaii 96720 Dear Mr. Arai: Subject: Mahukona-Hawi Road, Federal Aid Project27-A (1) Hawi-Niulii Road, Federal Aid Secondary Project 3-A (1) TMK: (3) 5-5-009:045 Remnant Purchase Request Thank you for your request for your client, Mr. Dwayne Cravalho, to purchase the above-referenced remnant. Unfortunately, we cannot accommodate the sale of the remnant due to safety concerns. There were concerns that structures and/or vehicles on the remnant may prevent vehicles exiting from Hoea Street onto the State highway from seeing oncoming traffic. Should you have any questions,please contact Travis Tomono, Right-of-Way Agent, of our Highways Division, Right-of-Way Branch at(808) 692-7390 or by email at travis.k.tomono@hawaii.gov. Sincerely, FAWN Y. YAMADA Right-of-Way Manager (O-A:I[RIr09(IF '�S�.. i4� a ra ,� n. �.v, .31 k ass IIAN'All 4,t q V959 •'Y`.. ..,• • „I...:.•II rNT � It l:l,Iitl h %I-IS[1y ,it I ., ��nlnd.e.•e[l1�Gv � �'. >; j ,Ith,I.tis�I�,1 rI STATE OF HAW XII sr, ,rH,,a• DEPARTMENT OF I AND AND \:AI L;RAL RE:SOLIRCES STATE t3ISTORI( ilk l`..NFl(1'AIION I)1V1;S1().J h.11;I 11_DING {III h.l 11,k11.1 III l f) wri:555 Ii:IPa ll.F1.111 m-kl:+ July 14,2021 IN REPLY REFER,ro-. Zendo Kern,Plaaulitl r 1)i;«tirr Project No. 20-211 I�0070' County of Hawaii Doc.No,:210'.I(?'09 101 Pauahi ill-c'c•l. Slritt ; Arch:lc[,ll,:l f{ilc=. 1II 9r,i_II }# ¢¢"Y� �il llll lY`:ei 13atl zitli�01-11l�.LUI' CH PLANNING P,;E T JUL 19 2021;�m'10:49 Dear Mr. Kern: SUBJECT: Chapter 6E-42 Historic Preservation !review— RECD BY EWI d Proposed Rezone for the Cravalho Properiy from A-24a to CI'-7.5 ka`auhuhu Ahupua`a,North Kohala District. Island of llawai'i 'l Al K: (3) 5-5-009:011t 1 his Ic[tet P1oa Idc, the Stale I listoli( 111c,ertallon 1)i.Isio;'ti ISI11,D) I of[he ,t,h),eL ncnul"x of tkW. 11cl11-111 ap)III1•Ition I he `il IPFP retched Ilse 1,u1510i'1 ,1IN111ttal on Rily 2. '-tl?1. it included a (ban ge of/.)l!r a1,1,1i.. iao:l. .l colln;l, L.rt1IrI,I111lrn1;I1 P,ql r1, a ltrolc•rl 1UCMIL,I1 n al,. :I n1ap of illc picket area, a strcJ-�ic.ti plink, oi.111c pt prolo,t ,lrc,I, a Cot3111\ of I I;mti m l)epartnl.rsl of Finance Rcal I'r-opCI1 Fas C'lcarat;cr ddcunlrn;, lI ;'1,-1,C.V01`11-r11131+ dc,c,ll)[n [hc h.uicl ;3[]l1 .I poltion m Koa ;11 1':31e]II (,_V I Ill,i ( 1 II:I'.II;t.1 Vl �16;IS 1 (L('A�1 ) 11.1� to [ oiloI1,':III:I. and IAiLcd currespclruicnc t\llrhite[ 1'er i['u,rrl elf' [1a%tiaii l'1.,:Inllla i);[,arinlem] to Dlla, w ( I.'. I^11 Lan \1..31 lei. "fid8),The applicant, the l7 cslynr Ora,alho t[:lode, finer),pn,pt,se,to rrmne the subject par%-d :i 111 %Ju1:L111111111 (A-20a) to Village Commercial (CV-7.5) to allow fur of prep'[[Mlon of t!3, p:lrccl I,, ;L1plInrl l,r=Ia.L _J II:A truck establishments. The Count,. 1-m tronmental Report indicates that no hi al:ric c iiliin the subiecl park!. fhe report also indicates that no ground-clt,Iwhln.= Activities are prl,pw,,,,] ;I, [vir of the current project. A rc,,ic�; of SIIP1) rcclNrcis 1ndwatcs [h;IT n1'a arrhacc)I, ,c,ll II1Vrtno1\ (NIS) h:as horn . anclul Iccl a111d than no histi,lic Ili opcnie-1 dare ttccn Identified Within [lie suhjcct parcel. Additionally,aerlad imager,, Iniiirulel that Ihr:.11-rtl has bcell pi ccluusiY im1%IcLcd hl' -round disturh111" I()' :I,.ucealcd with infras[ructure dc•IeloP11WIll. I']lug, 11 is unlikely that any historic properties I-.:main Intact 4rlthin the subject project area. Based on current Information, SHPD's determination is no historic properties affected for the proposed project. PuI-st,anl to M-W 1 ,-2'-4.7ic), ;Shen the Slil'1) agrc,es that the ticlion will not affect and' siL clitic:tltl hli,toric prtgwrti,:s. this is the Sfii't)'�, �LIII ell 01I1CLI1-I-1't1,J,.' anti 1INPI-IC prCseMItion review ends. The hisstorie pr 5C11:li1tr11 review pWCess iS ecxled. I he pernnt t,.;tuncc hrLrc�s, rn;It itnceed Ati-c'h to 17•:I I11It. In the unlikelF ..Grit Ih.tt historic propertie, such :is !aril tube operiing,, cuncenhaLl.rns of artifacts, ;ts;I,:l..u-n[ r•:t1c11n, rr lurlmill skeletal remain, are lound during construction act Liries lticace I'CLIs 'AUI'k in the rr,1ll:c ir.n,.: 1t Ir1i1. C 0. tend, p:olect the tints From additional disturhance. wind contact the• State Fli,toric Please contact Joshua Gastilo at (809) 933-7653 or at Joshua. :.st1;o'u'hawaii.gvv for any questions re-arding this letter. Planning De�� SCANNED E 7/20/2021 Exhibit �� -- COR-21-564088 1Ir. KL•tn il,I.L!c 2 Aloha. ,"v .fill h PI1i-) Admini;t:-:1tm. S:,u,• Ill,,lur i, I'ro,ciN,iltor1 f)1.itiicm Deputy State I ti torw Piecen atiun Ofticcr cc' COuIIi' o'I III) Llii Elnhilc. Works,pul,Ih' 111Ii.s1rf 11 Vl i:IC0LII-Al, ::O Trade'-Lee C a[ IC1-0. 11-f1L:1�-1C�.�81Tlil-C!'a SUZANNE D.CASE 1 W 5 g y CHAIRPERSON GOVERNOR OF HAWAII DAVID Y.IGE t� BOARD OF LAND AND NATURAL RESOURCES a CONINIISSLON ON WAIER RESOURCE f }� I MANAGEMENI of sand and Nar dp' �� , 0 �6 STATE OF HAWAII Slate of HaWao DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OEEICE BOX 621 HONOLULU,HAWAII 96809 August 6, 2021 County of Hawaii Planning Department Attn: Ms. Tracie-Lee Camero via email: planning(a)hawaiicounty.gov 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Ms. Camero: SUBJECT: Change of Zone Application (REZ 21-000248) — Request to Change Zone from Agricultural (A-20a) to Village Commercial (CV-7.5) located at 55- 497 Hoea Road, Hawi, Island of Hawaii; TMK: (3) 5-5-009:019 Thank you for the opportunity to review and comment on the subject matter. The Land Division of the Department of Land and Natural Resources (DLNR) distributed or made available a copy of your request pertaining to the subject matter to DLNR's Divisions for their review and comments. At this time, enclosed are comments from the (a) Engineering Division and (b) Land Division-Hawaii District on the subject matter. Should you have any questions, please feel free to contact Darlene Nakamura at (808) 587-0417 or email: darlene.k.nakamura(a)-hawaii.gov. Thank you. Sincerely, Russell Y. Tsuji Land Administrator Enclosures cc: Central Files Planning Dept. Exhibit 11 �zu�ruc�s mmoxms mm�� m��� �mm� "o��o �p^w� ----'----- COMMISSION m,nAnERRESOURCE wAXAGVNmNT STATE OFKfAWAII DEPARTMENT OFLANB ,%NDN tTl'R.%LQESnl/RcEy '^mmmv/amN POST opp/cK Box oz, nmwoLoLo.xAv/^xoonoy July 8, 2021 FROM: MEMORANDUM T_G_ DLNR Agencies: ___O|v. of Aquatic Resources Div. of Boating & Ocean Recreation % Engineering Division / \ X [}iv. of Forestry & VVUdU8m \ __Div. of State Parks X Commission on Water Resource Management \ —Office of Conservation & Coastal Lands ){ Land Division Hawaii C>i���ot TTO: --- '> F-RGAM-- Russell Y. Tsuji, Land Administrator ' SUBJECT: Change of Zone Application (REZ 21-000248)— Request to Change Zone from Agricultural (A-2Oa) toVillage Commercial /CV~7.5\ LOCATION: 55487 Hoea Road, Havvi Island of Hawaii; TMK: (3) 5-5-008:018 APPLICANT: County of Hawaii on behalf of Dwayne CmyvaUhm Transmitted for your review and comment |m information onthe aboVe~re0mnmncedSubimct matter. Please submit comments by August 6, 2021' If no response is received by the above date, we will assume your agency has no oonnnnan1s- Should you have any questions about this request, please contact Darlene Nakamura at ' Thank you. ( \ VVe have noobjections. ( > VVe have nocomments. / \ VVe have no additional comments. Comments are attached. Signed: Print Name, Carty Division: -EngineeringDivision Date. JN29 �2l Attachments DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell Y. Tsuji. Ref: Change of Zone Application (REZ 21-000248)—Request to Change Zone from Agricultural (A-20a) to Village Commercial (CV-7.5) Location: 55-497 Hoea Road,Hawi, Island of Hawaii TMK(s): (3) 5-5-009:019 Applicant: County of Hawaii on beliall'of Dwayne Cravalho COMMENTS The rules and regulations of the National Flood Insurance Program(NFIP), Title 44 of the Code of Federal Regulations (44CFR), are in etTect when development falls within a Special Flood Ilazard Area(high-risk areas). State projects are required to comply with 44CFR regulations as stipulated in Section 60.12. Be advised that 44CFR reflects the ininirnutn 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 niiniinw-n NFIP standards. The owner of the project property and/or their representative is responsible to research the Flood Ilazard Lone designation for the project. Flood I lazard Zones are designated on FEMA's Flood Insurance Rate Maps (FIRM), which can be viewed on our Flood Hazard Assessment Tool (FFLkT) (http://gis.hawaiinflp.org/FHAT). If there are questions regarding the local flood ordinances,please contact die applicable County NFIP coordinating agency below: o Oahu: City and County of Honolulu, Department of Planning and Permitting (808) 768-8098_ c Hawaii Island: County of Hawaii,Department of Public Works (808) 961-832T c Maui/Molokai/tanai County of Maui, Department ofPlammg (808) 270-7253. c Kauai: County- of Kauai, Department of Public Works (808) 241-4896. Signed CA R-I_Y S. CI IANG, CHIEF ENGINEER Date: J u 129,2021 o r.y4 SUZANNE D.CASE DAVID V.IGE /�c: ',959''•Y,' C:HAIRPF.RSON GOVERNOR OF HAWAII •�:' 60ARP OF LAND AND NATURAL REM)11 RC:N'S COMM ISSION ON WA TER R ESOL RC F.. MANAGEMENT R STATE OF HAWAII srnr,�rliw, r)t?t'AR ME'A'I'O 1, ND ANI D NATI'RAL RFSO RUES LAND DIVISION PPS,F 01 1 1CI 110X caw E July 8, 2021 MEMORANDUM TO: OLNR Agencies: _Div. of Aquatic Resources _Div. of Boating & Ocean Recreation X Engineering Division (DLNR.ENGR(@,hawaii.goy) X Div. of Forestry & Wildlife (ru byrosa.t.terra go CED,h awaii qoy) _Div. of State Parks X Commission on Water Resource Management (DLNR.CWRMOhawaiigoou) Office of Conservation & Coastal Lands XLand Division — Hawaii District (gordon.c.heit(a?hawaii.gov} FROM: Russell Y. Tsu;i, Land Administrator kw�r'ea7-'ty` SUBJECT: Change of Zone Application (REZ 21-000248) — Request to Change Zone from Agricultural (A-20a) to Village Commercial (CV-7.5) LOCATION: 55-497 Hoea Road, Hawi, Island of Hawaii; TMK: (3) 5-5-009:019 APPLICANT: County of Hawaii on behalf of Dwayne Cravatho Transmitted for your review and comment is information on the above-referenced subject matter. Please submit comments by August C, 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.nakamura(a-�hawaii.goy. Thank you. / ( We have no objections. ( } We have no comments. ( } We have no additional comments. ( } Comments are attached. Signed: Print Name: Division: d Date: �- Attachments cc: Central Files NORTH K©HALA COMMUNITY RESOUkCE CENTER. Pro v&ng Local Support, Bridp,,es to Funding&Education for Projects that Benefit the community 55-3393 Akoni Pule Hwy— P. O. Box 519,Hawi,Hawaii 96719 Phone: 808 889-5523 — Fax: 808 889.5527— www.northkohala.org— Email:info@northkohala.org DIRECTOR-S AgreattivaytoloveKohZa! Kelly Ah ee County of Hawaii Planning Department Vice President ml M( Business olvnfr 101 Pauahi Street, Suite 3 Beth Bohn Hilo, HI 96720 Secrerarp 1;ma11Bt&wessOwner Dear Planning Director Kern and members of the County of Hawaii Planning Department, Chris Brown Retfredkohala Teacher The North Kohala Community Resource Center (NKCRC) is a 19 year old Kynan11Womi 501(c)3 non-profit with a mission to support successful community projects that benefit ;-.71e,7rst u"turexfanager North Kohala, Located at 55-3393 Akoni Pule Hwy, TMK 5-5-009.018,NKCRC has Dennn Keyes leased the commercial building on the FukadalKobayashi property since 2008. We are Treasurer thankful for the support we have received from the County of Hawaii Planning Small Business owner VickyKomerani Department. For 10 years our office also served as the Kohala Welcome Center, which President recently closed due to COVID-19. We continue our work as a non-profit organization %licRelarions consultant working with over 75 community projects leading efforts to improve the quality of life in Melanie Matsuda North Kohala. Kabila Teacher Wendy Nidd We are writing in response to Notice of Filing of Change of Zone Application from A- Kohala Teacher 20a to CV-7.5 on the behalf of Dwayne Cravalho at TMK 5-5-009:019. We stand ]bass PW opposed to the zone change. Our reasons for opposition of this zone change are outlined PIDF,'1ff mn jzcr Nathan.Trump below. General Manager mend]RARY 1. County of Hawaii Real Property Tax office lists the land area as 7,318 sq ft. This HONDIFZECTORS is less than the 7,500 sq ft required to qualify for Village Commercial zone change. The Ali&Adamek attached letter(Exhibit B) from 2017 highlights Mr. Cravalho's request of an additional Gino Amar 300 sq ft parcel from the Fukada/Kobayashi property "to complete the acreage(I)need to Lani Bowman obtain commercial zoning."At this point we are unaware that TMK 5-5-009:019 has JesdcaBrown obtained the necessary additional acreage to quality for CV 7.5 zoning.. Joe cargo David Gamrs 2. Remnant«3 5-5-009:045 (as represented in Exhibit A), has been well maintained Chris Helmaith by the F ukada/Kobayashi family and NKCRC and serves as a parking area for our non- Bob Martin profit services to be safely accessed by our constituents, many of whom are young DennisMatsuda children and kupuna. We are concerned that the proposed food trucks would draw Kathleen Matsuda customers to this parking area and create unsafe conditions for our community to access Desiree Medeims AmyMeyrr.sullivan our services. Additionally,the Hawai'i Police Department often parks in this area to Nani Svendsen monitor for cars speeding as they enter Hawi town. Their presence creates a feeling of KimTakara safety and watchfulness that our community appreciates. If this area was no longer C&DIREC.TOR5 OF accessible due to food truck traffic,we would lose this important safety feature in our OPERATIONS community. Remnant "J" also informally serves as a place that people often turn around IROGRAM SPECIALIST to head back into Hawi town,we anticipate traffic concerns arising as cars are pulling in Leslie Nugent to turn around and others simultaneously turning in from Akoni Pule to access the food ADMN SPECLq F truck. `E.kela Kahuanui IIIVNCE SPECIALIST Michelle Kawai Planning Dept i. Exhlbii 12 DIRECTORS 3. The public school bus stops daily at Remnant"J"to drop children off after school, a Kelly Ah Bee commercial business in this area creates concern for their safety unloading from the bus Vice President and walking home. Business Owner 4. The scale of the document(Exhibit A) feels inaccurate to host the number of food Beth Bohri. trucks,portable tables, parking stalls, and portable toilets listed on the drawing. There are no measurements listed to show the dimensions of the proposed equipment and how they ,mall b'Usine,ss Owner would actually fit in the space. It particularly feels inaccurate that there would be space for Chris Brown Retired liohala Teacher two parking stalls with area to turn around. Kynau� 5. Ho'ea Rd features properties that are primarily zoned Agriculture. We would like 5- `alent&cultum Manager 5-009:019 to remairrzoned agriculture to stay consistent with the area as well as our DenniKeyres Community Development Plan goals that maintain agriculture as a community priority. Treasurer 6. The proposed driveway on Ho'ea Rd raises safety concerns. The angle of the 1�rnz, Bus)n ess Owner driveway as it is proposed would require customers leaving the food truck parking to vzckyKo rx3i complete a sharp turn onto Ho'ea Rd heading towards Akoni Pule Hwy. Visitors to the Presides foodtuck, unfamiliar with traffic conditions in the area, combined with residents and iblic Reldnons Consultant agricultural workers turning on.Ho'ea Rd from Akoni Pule Hwy,presents a traffic hazard. �1e Matta 7. The Fukada/Kobayashi Family has for a long time maintained this area including kiahala Teacher Wes,N� TMK 5-5-009:019 and Remnant"Y'. TMK 5-5-009:019 was fenced approximately three Koh,dar leacher years ago and since that.time it has remained completely unmaintained and has been filled Ross Pagat with invasive weeds. Our Landlord, Ray Fukada, continues to maintain the areas outside of 1'Int'.t-Wager the fence, including upkeep of the grassy areas of Remnant"J"and the grassy area around Natfum Trump the"Welcome to Historic North Kohala" sign. Evidenced by the way the property in Genend Manager question has been maintained so far, we do not feel confident that if it were zoned HONORARY commercial it would be we well maintained. (Please see photos in Exhibit C) DIRECTORS 8. We are concerned that having a commercial business in the front yard of our Al"d`Adamek landlord and Hawaii Police office,Ray Fukada,would be unsafe and bring unwanted foot Gino Amar traffic and visitors to the area. At this point it is unclear how boundaries will be defined to Lani Bowman Jessica Brown create adequate privacy for the residence and our non-profit. Joe Carvalho 9. We are concerned this proposal will turn the lot into a commercial parcel which will David Comes then be turned around and sold for much more money to another commercial business. This Chris Helmuth proposal also brings business further outside of Hawi town. We want to encourage Bob Martin Deis Matsudacommerce and build back our local economy in Hawi and Kapa'au by utilizing the vacant Kathleen Matsuda commercial spaces there. Deshte Medeiros 10. While our community does host food trucks,there is not a high demand. There are Amy Me-yer-Suffivan currently numerous places available to host food trucks, all of which have ample parking. Nani Svendsean Kim Takata CO-DIRECTORSKimTTakata OF Thank you for your kind consideration, please contact us if you have any questions. OPERATIONS Me Ka Mahalo, ROCRAM SPECIALIST Leslie Nug= ADMIN SPECIALIST •F'kelaKahuanui Leslie Nugent / FINANCE SPECIALIST `Ekela Kahuanui Michelle Kawai Michelle Kawai •tY � " 55-3393 Akoni Pule Hwy — P. O. Box 519, Hawi,Hawaii 96719 Phone:808 889-5523 — Fax: 808 880 5527— info@northkohala.org Exhibit A p 2 3 40 WBJFCT PROPERTY o � E \ � 1 \ �E \ W \\ Q ; 1 \ \ r o i r''ta j /,O EXHIBIT B April 3, 2017 Aloha Ray,. I've listed three possible optiot,s below for how we could resolve our dilemma. 1) I would grant you permanent easement through the eastern triangle of my lot, which would allow you direct access to your Douse from Akoni Pule Hwy. In return, you would give me an approximate 300 sg fit. parcel along Ho'ea Rd. which would sae attached to my lot in order to complete the acreage 1 need to obtain commercial zoning. 2) l would sell the entire lot to you for the price of$200,000 This option would provide you with a second TICK, which you could then use to subdivide your I nd. 3) l would trade you my lot, without the TMK, for your gulch plus $100,000, This would include all lards to the east of the Visitor's Center =g.g a �;traxght lire from Akoni Pule Hwy. back to the edge of your property. I am also open to discussing any ether options that you might want to offer Let me know what you think Mahalo, Dwayne Cravafho 1 E_4 ion 1 54109.1)19 r Au u5t1 � S Ilk 1.4 7.) ap TIT- 0 c LLJ Z UJ Z U Mori, Ashley From: bob endreson <bobendreson@gmail.com> Sent: Thursday, September 2, 2021 10:20 AM To: Planning Internet Mail Subject: Application for Zoning Change TX Map Key 5-5-009:019 Attachments: map (18)jpg I'm writing to you regarding an application for a zoning change for the property located at 55-497, Hoea Rd., Hawi, Hi 96719 and owned by Dwayne Cravalho. I live on Hoea and my family and I travel this intersection a number of times per day. We are NOT IN FAVOR of this zoning change for a host of reasons. This intersection is already very congested and unsafe given the State Maintenance Base yard is located in close proximity and they are always bringing in heavy equipment and trailers on a daily basis during the periods a food truck would be operational. Mr. Carvalho has got a very poor track record as a good steward and neighbor having antagonized his neighbors and has tried repeatedly to seemingly extort people who own property adjacent to his. Mr. Carvalho's track record as a contractor is also abysmal having not finished or fouled up several large projects here in Kohala. Please don't grant this zoning change. The corner is already very dangerous with a blind curve coming out from Hawi town. Mahalo Bob Endreson 808-225-3571 Planning C7 r7t. 1 Exlhlbil 13 C Q bA , u lip, C C3 y. RM y • a s � 84 f { MIF df' Mori, Ashley From: kristi kranz <kranzsilk@gmail.com> Sent: Friday, September 24, 2021 12:39 PM To: LPCtestimony Subject: Cravalho REZ-21-000248 Aloha, this is in regards to the application for zoning change for 55-497 Hoea Road, Hawi HI 96719. My husband and I are residents of Hawi and have lived on Hoea Road since 1999. We are NOT IN FAVOR of this zoning change, and have a number of reasons why. We are a rural neighborhood. There are already traffic issues at this intersection of Hoea and Akoni Pule Hwy, we will only have more issues with the introduction of 2 commercial food truck businesses, with Porta-Potties, dining table, parking, foot traffic as well as vehicle traffic. This is a remnant lot, I don't believe it is even large enough to be re-zoned to commercial, not to mention the 2 trucks and everything that goes with it. Mr Cravalho is NOT a good steward of the land parcels he has already purchased here in Kohala, and has come very close to extorting and antagonizing his neighbors to get his way. We used to have a beautful Welcome to Kohala area, but since he bought it, he's fenced it off, let the trees die, let the weeds go wild and it saddens me every day that visitors and residents alike are affronted with his neglect every day. I don't expect his attitude will improve if granted a re-zoning permit. His idea of putting two food trucks, tables and port-a -potties at the entrance to our beloved Kohala is maddening and totally without vision, except for his own pocketbook. But, it will affect all of the residents on Hoea road adversely. We have read Mr Endresons and The Resource Centers objections to this re-zoning application and we agree with all of their objections. There is mention of streetlights, traffic lights, sidewalks and other infrastructure that would be required of Mr Cravalho to implement for this kind of operation, and I see that he is not willing to do any of it. Which is good, we DONT want any of that, but it is also typical of Mr Cravalho to shirk responsibility and still demand his needs be fulfilled. Please do not grant this zoning change. This is not the right place for the business he wants, and I'm sure you will find that the community does not support it either. Mahalo, Kristi Kranz and Jack Hutchings Planning Depi. 1 Exhibit 14 Mori, Ashley From: Alan Thal <dralanthal@gmail.com> Sent: Friday, September 24, 2021 5:13 PM To: LPCtestimony Subject: Carvalho Hoea road rezone application Dear Sir: My property is directly across Hoea Rd from where Carvallho is asking for a rezone, in the strongest terms I oppose this rezone attempt. It will start to commercialize Hoea road, where my plan is to build an entrance to my property right there, across from his commercial property, please do not OK!! It is a travesty to desecrate the rural nature of Hoea Rd, Sincerely, Dr Alan D Thal, MD, 3327 Akoni Pule Hwy, Hawi, 808 896 8503 Dralanthal@gmail.com Sent from my iPhone Planning Depi. 1 Exhibit.____ 15 Mori, Ashley From: Richard Liebmann <richardliebmann@gmail.com> Sent: Saturday, September 25, 2021 4:21 PM To: LPCtestimony Subject: change of Zone Application by Duane Cravalho A-20 to CV-75 TMK 5-5-009-019 Aloha, I have lived on 55-448 Hoea Rd in Hawi for 18 years. I am opposed to the rezoning for the following reasons: 1. Traffic congestion and safety--- Hoea rd is a small rural road with at times congestion from the traffic coming into and out of the County base yard. This small triangular parcel proposes a driveway into the property via Hoea Rd. This will make driving at that intersection even more congested and dangerous. Also many folks walk Hoea Road and this increased traffic with cars turning in and out without any sidewalk will be dangerous. 2. Portable Was---Visible from the road and impacting our welcome sign, lugs are not appropriate. 3. Degradation of the welcome to Kohala sign area--- Prior to Mr. Cravalho ownership of this parcel there was a very significant native Hala tree on the property, the area was kept clean and mowed by caring neighbors. As soon as Mr Cravalho became the owner he fenced the parcel making it impossible to mow. Very soon afterward the Hala tree was dead and a very nice well maintained area adjacent to the welcome sign became a weedy unkempt eyesore. Not very neighborly or respectful. Thanks for making community feedback possible. Aloha, Richard Liebmann 16 Mori, Ashley From: Diann Wilson <island.diann@gmail.com> Sent: Saturday, September 25, 2021 12:02 PM To: LPCtestimony Subject: 55 697 Hoea Rd proposal I am writing in regards to a proposal to change the zoning of the 7,500 sq ft triangle parcel of land at the intersection of Hoea Road and Akoni Pule Highway from agriculture to commercial designation. As a resident of Hawi, and of Hoea Rd, I have several concerns about the proposal. 1. The proposal calls for 2 food trucks and 2 porta potties and 2 parking spaces. There was previously a food truck adjacent to that location, and there were frequently more than 6 vehicles parked there during hours of operation. The existing space and plan could not accommodate parking which could result in vehicles parked along the roadside, which would be a safety issue. 2. The proposal calls for a driveway off of Hoea Rd. The location is immediately adjacent to Akoni Pule Hwy. Any driveway on Hoea Rd would have to be located very close to the highway, and it would be unsafe to have vehicles pulling in and out that close to the intersection. 3. The proposal mentions the proximity to the district welcome monument. Food trucks and porta potties are not fitting with our town's welcome sign. 4. The proposal mentions maintenance of the property. It has been vacant for some time now, and has not been maintained at all. As it has been an eyesore for all of this time, I am concerned that with the addition of trucks, food prep and waste, the property will be in even worse condition. Thank you for your consideration. I encourage you to not approve this proposal. Diann Wilson Hawi, HI Planning Dees, � Exhibit 17 Mori, Ashley From: Sukie Colegrave <scolegrave@gmail.com> Sent: Sunday, September 26, 2021 2:37 PM To: LPCtestimony Subject: Cravalho zone application To whom it concerns, We own property at 55-422 Hoea Rd, Hawi, HI 96719. We have concerns about the Cravalho zoning application as we feel it will bring noise and more traffic to this quiet residential street. So we would prefer re zoning is not approved. Sukie Colegrave and Laura Moorehead. www.sukiecolegrave.com Planning Dept. 1 Exhibit 18 Mori, Ashley From: Susan Barnes <forkukii@gmail.com> Sent: Monday, September 27, 2021 10:32 AM To: LPCtestimony Subject: Hoea Rd/Akoni Pule Hiway triangle plans Dear Folks, I am writing to voice strong objections to this plan to further desecrate that odd shaped lot at the intersection of Akoni Pule Hiway and Hoea Rd. by installing food trucks and porta-potties. I have lived on Hoea Road for more than twenty years and have watched the deterioration of this parcel in recent years. That "triangle" is essentially the formal entrance to Kohala, and for many years it was maintained by community members. My neighbor Jimmy Tohara mowed it, the Lions Club erected their sign there, the community erected and maintained the beautiful rock wall welcoming folks to North Kohala, lauhala weavers from around the island harvested high grade leaves from the magnificent hala tree there. The lot was sold, the hala tree was destroyed, the area was left unkempt and shoddily fenced. I cannot imagine anything tackier than to park food trucks there and to feature porta-potties as a welcoming icon. The esthetics of this proposal are less than ideal. Of equal if not more importance are the safety issues involved. That intersection has always been problematic. It is dangerous as is. Because of the base yard there is often heavy traffic there above and beyond that of residents. Hoea is a substandard one lane road, essentially. Funerals at the nearby church often block the intersection. The prospect of increased traffic is frightening. It is already difficult to turn left from Hoea onto the highway because of visibility. When the Welcome Center is fully operational folks often park along both roads where possible. I note that two parking spaces are allotted. If there are two food trucks I assume they will be staffed by one or two people who will have cars. That's two to four cars. Where will they park? Already parking is overwhelmed, before any customers appear. This is a very bad idea. I recommend that the "developer" pull down his ugly fences, prune what is left of the plantings and maintain the lot in a neat and tidy manner as a gesture of good will to his community. Please say no to this zoning/usage change. Aloha, Susan Barnes Hoea Rd. Hawi Planning Dept. 1 Exhibit 19 Mori, Ashley From: Natalie Young <nataliekyoung@gmail.com> Sent: Tuesday, September 28, 2021 12:39 PM To: LPCtestimony Subject: Change of Zone Application by Duane Cravalho A-20 to CV-75 TMK 5-5-009-019 (REZ-21-248) Aloha, I have lived on Hoea Road since 2003 and on the Big Island since 1981. 1 am opposed to the rezoning requested for the small lot near the Welcome to Historic North Kohala sign for the following reasons: 1. Road safety and congestion: Hoea Rd is a small and often narrow rural road with many blind curves in which many people walk and there is sometimes traffic congestion at the county base station ( Hele-on buses, county equipment, etc) near the small parcel requesting rezoning. This small triangular parcel proposes a driveway into the property via Hoea Rd. This new driveway will make driving at that intersection more dangerous and congested. 2. Lack of beauty, order and respect for Hawaiian cultural practices: Before Mr. Carlvaho's purchase of this small parcel on Hoea Road, that parcel was well maintained in a visually pleasing manner...mowed and trimmed by community volunteers and used by Hawaiian hula and lauhala weaving practitioners to respectfully gather hala leaves. Since the parcel was purchased by Mr. Carvalho, it has grown very weedy and unsightly and the Hala tree is dead that was used by my hula halau and lauhala weavers from other parts of the island for decades. 3. Portable Was are being proposed to meet the need for bathroom facilities and will further degrade the beauty and order of the entrance to our lovely town. Please do not grant the request to allow this project to proceed. Mahalo, Natalie Young 1 Psaf'tlntnCj ?u. Exhibit 20 Mori, Ashley From: Steve Hoffmann <hoff4nrg@gmail.com> Sent: Wednesday, September 29, 2021 11:40 AM To: LPCtestimony Subject: Hoea RD and Akoni Pule Hwy land application (REZ-21-248) I reside at 55-365 Hoea Rd, Hawi, and am writing to oppose the project proposed at the corner of Hoea Rd. and Akoni Pule Hwy. The proposed project raises serious safety concerns for residents who rely on the Hoea Rd highway intersection. Based upon the previous experience with one food truck in that location there will be significantly more users, and vehicles, during peak meal hours. Cars cannot safely back onto either Hoea Rd. or the highway without encountering motorists traveling on those roads. When the proposed two parking spaces are filled, which is likely during peak hours, pedestrians will use alternatives that add to the safety issues (i.e.-crossing a busy highway from unauthorized parking sites). Also, the applicant has a terrible history taking care of the site. Prior to his ownerhip the neighbor kept the space manicured to complimnent the "Welcome to Kohala" sign, creating the right impression to visitors. But since the Applicant gained control he has fenced it off, stopped all maintenance and been a bully to his neighbors. He does not deserve the benefit of the doubt to be a good custodian of this very important portal into Kohala. I served as the Chairperson of the CDP Action Committee in Kohala and have been very supportive of responsible proposals for business development and economic growth. But this project has significant flaws that compel you to deny the application without better remedies for safety issues and long term community benefits. Mahalo for your time and consideration, Steve Hoffmann (808)498-0661 Steve Hoffmann Planning Dept. 1 Exhibit 21 Mori, Ashley From: T Takata <tlthawaii@gmail.com> Sent: Monday, October 4, 2021 10:12 AM To: LPCtestimony Subject: Zone Application Change for 3-5-5-9-19 (REZ-21-248) Attachments: M LS609266#22welcometokohala j pg As a homeowner on Hoea Road in North Kohala, I strongly protest the request for a zoning change of this property. As traffic comes off Akoni Pule Highway onto Hoea Road, this proposed change would impair the existing traffic flow and in fact cause a major potential danger to cars trying to leave the proposed parking spaces and the traffic coming off the highway onto Hoea Road. The lack of visibility trying to get back onto Akoni Pule Highway(making a left hand turn towards Hawi town center)from Hoea Road due to the two proposed parking spaces is also an issue. Furthermore, the idea of two parking spaces for " a couple of food trucks" is poor planning. Have you ever seen a food truck area? Parking is never precise if at all legal and two legal spaces will undoubtedly end up being ridiculously insufficient leading to illegal parking on the highway, and on Hoea Road. Lastly, this particular area is where our"Welcome to Historic Kohala" sign (see attached) dwells and is a wonderful welcome and landmark in our community. I can not imagine having "a couple of food trucks" and portable toilets be our welcome! How awful! Please do not allow this zoning change to take place. Thank you, Teri Takata Hawi Hawaii 808 895 0188 Planning CJrr.),. 1 Exhibit 22 4 it n•:..t� � ^, '• v �I�'x '§ r ., w1�, 4�3� ,y .,ai. 'r" ■k � ". • :.f 5 � ., � :. .¥+��' �`,*''{'�"{..Yo7Y„ :? v�. C '. Y'• "' 1' r O r.•:� � .� 4r »rx } ! J .66 le Oil 72 r , s � ,. a r _ r � • +rTvl'.• • V y� y •• ..emu-. � r.�l m ' zt', r a r.• .r OL y,�, "° • t yy " 'ter :• �" " � � ^ 41W � " r:• lay t ,�. �- �' r i ,t " Mori, Ashley From: Joan Channon <joanchannon@gmail.com> Sent: Saturday, October 9, 2021 7:00 AM To: LPCtestimony Subject: LPC Testimony regarding proposed change of Zoning TMK 3.5.5.09:19, North Kohala To Whom It May Concern, Years ago, our community erected a large stone sign at the entry of our town to honor our heritage as the birthplace of King Kamehameha ... Right next to that sign, Mr. Carvalho's proposal is to welcome people with PORTA POTTIES?? "At least two"food trucks? Fifty cars a day at "peak hours"with TWO parking places? Is he KIDDING?? Parking in Kohala is already at a premium: The main complaint of my customers is that there is NO place to PARK. "My husband is looking for a parking place, he'll be here in 5 or 10 minutes." "We parked two blocks down because there is no place to PARK." (It might be worth noting that we LOST three parking places in the center of town to provide for ONE crosswalk. They can't park, but at least it's safe for people to cross the street...) So let me imagine the entry to our town in Mr. Carvalho's world: Porta potties, lines of people at his food trucks, cars parked askew of the road, people pulling out of unauthorized parking places, cars pulled up onto the dirt roadsides, and groups of people WALKING into town on a road where there are NO SIDEWALKS. This sounds like a dangerous mess. Who is liable for the injuries? And what is Mr. Carvalho's angle? He certainly isn't trying to IMPROVE our community. Is he planning to make money by renting the spaces to the food trucks? What is his long term plan for this tiny property? Once it is zoned commercial, what can he do? Add food trucks without parking? Build a structure? What are his plans?? It is noted that Mr. Carvalho already has issues with the neighbors and is threatening legal action. This is NOT a good beginning. The handwriting is on the wall. This is the ugliest and most dangerous idea I can imagine for the entry to our town. I have owned and operated Bamboo Restaurant in Hawi for more than 28 years. I have no issue with there being more places to eat, but I have an extreme issue with this ridiculous proposal. Please stop this in its tracks. Mahalo, Joan Channon P.O. Box 130 Hawi, HI 96719 808 3151550 Joanchannon@gmail.com Planning Depi. 1 Exhibit 23 Mori, Ashley From: Robert Goldzweig <vidhanhawaii@yahoo.com> Sent: Monday, October 18, 2021 10:57 AM To: LPCtestimony Subject: Application for Change of Zoning TMK 5-5-009-019 (Cravalho REZ-21-248) Attachments: Rezoning Hoea Akoni Pule.pdf I am writing in opposition to this change of zoning request. I live nearby on Hoea and have a lot of experience of negotiating the intersection of Hoea Road and Akoni Pule Highway. Please see the attached pdf. file which I want added to the record. I believe putting food trucks at this location will contribute to creating a potentially lethal traffic hazard. Sincerely, Robert Goldzweig 808-987-2352 Planning Depi. 1 Exhibit 24 October 18, 2021 RE:Application for Change of Zoning TMK 5-5-009-019 1 live on Hoea Road near the location in question and am writing today because I object to rezoning the property for food trucks. I have two different concerns. First, I believe that if the plan goes through,the intersection,which is already a tricky one,will become dangerous for drivers and pedestrians as well.Because the angle of the intersection is greater than ninety degrees,a left turn from Akoni Pule Highway into Hoea road is more difficult than at a"square" intersection.Cars waiting on Hoea Road to make a left are in the way of your turn. Both myself and my wife have had"near misses"because of this situation. To add to the problem, in the late afternoon when the sun is low,it shines directly into the eyes of westbound drivers,effectively blinding them.That,is the time of day when traffic is heaviest because many Kohala residents are returning home from work in Kona and the resorts. It would also be the time when those same people are thinking to pick up some fast food. Now,consider how having food trucks at the intersection will worsen the situation.The food trucks will be drawing customers from both eastbound returning residents and westbound people who are leaving work in Kohala.Only two parking spaces will be available on premises. People will park all over the place-on both sides of Akoni Pule,on Kahei Road,and probably on Hoea Rd. Food truck customers will be out of their cars crossing the highway. Car crashes are practically inevitable.And the risk to pedestrians will be really scary. The situation,I am describing above is not coming from an overactive imagination. In the recent past,on the adjoining lot to the one in question,a huli-huli chicken stand was set up at lunchtime on Thursdays. I was sometimes one of the customers. People parked everywhere.They filled up the lot from the welcome center.They parked on the piece of land described as remnant J.They parked on Kahei Road, sometimes right in the roadway at the stop sign.if you were trying to make a left off of Hoea Rd. onto Akoni Pule,good luck to you.You had no visibility in the direction of town because of the cars in front of the"Welcome"sign. Good luck also to the future food truck customer who has parked in one of the two parking spaces and is now trying to make a left onto Hoea.That will be a roll of the dice because returning residents of Hoea Road like myself have no view of that future driveway during their left hand turn from Akoni Pule until after the turn is completed. The traffic safety issue is enough of a concern in and of itself, but I also have another objection. There is a very nice rock wall with a sign on it that sits on "remnant J". The sign reads"Welcome to Historic North Kohala". It has a well kept lawn around it and a nice tree behind. It looks really nice and it welcomes visitors and residents alike. I think of it as"Kohala's Front Door". I don't think that our front door will be enhanced by portable toilets,food trucks,illegally parked cars and a traffic hazard. I urge you to deny the application. Mori, Ashley From: Hadenmsg <hadenmsg@gmail.com> Sent: Monday, October 18, 2021 5:13 PM To: Planning Internet Mail Subject: Zoning change application TMK 5-5-009:019 Dear Planning Department, I am writing in opposition to the application to change zoning from agricultural to village commercial. This strip of property is too small to use for a food truck or any commercial business. There is not enough space for a food truck and customers to wait safely because the location is at the corner of the highway and another somewhat busy road. It would not be safe for people to stand there while waiting for their order. In addition, there is inadequate parking for customers and people would be forced to park and block the North Kohala Resource Center and private residence access or park a distance away and cross the highway where there is no sidewalk or crosswalk. Pulling back out onto either road would also cause dangerous situations as people would be tempted to make illegal U-turns on Hoea Road and the Akoni Pule Highway already has congestion on this area. A food truck in this location would also increase the amount of trash and litter would blow into the residential area and roads. The final reason this application should not be approved is because there is already a lack of public restrooms and handicapped parking in the area and more people would increase the need without providing any additional resources. I hope you will reject this zoning change application for all of these reasons. Thank you. i 25 Mr. Zendo Kern, Director County of Hawai'i Planning Department 101 Pauahi Street, Suite 3 Hilo, HI 96720 LPCtestimony@hawaiicounty.gov October 18, 2021 Dear Director Kern, I am writing in opposition to the Change of Zone Application from A-20a to CV-7.5 on the behalf of Dwayne Cravalho at TMK 5-5-009:019. In the interest of full disclosure, I currentlyserve as the Vice President of the North Kohala Community Resource Center(NKCRC) which sits adjacent to the above referenced parcel. My reasons for opposition to the Change of Zone follows: • Size of the parcel is too small for the proposed activities (two food trucks, two lua,two parking stalls, and two picnic tables) • The use proposed is inconsistent with the community's desire as stated in the North Kohala Community Development Plan (NKCDP)to "Keep Kohala, Kohala" and maintain its rural character. The "Welcome to Historic North Kohala" sign and tasteful landscaping welcomes community members and visitors to this historic district, food trucks in this same area are not consistent with this value and the historic and cultural district recommendations of the NKCDP. • As stated in the NKCDP, community desires to maintain agriculturally zoned land for agriculture. NKCDP also notes that important cultural sites and landscapes should be protected. • The parking is impossible, the parking being proposed in no way can support the commercial activity. The employees at the food trucks will take up the two parking stalls leaving all other parking to be on the street at the intersection of Ho'ea Rd or Akoni Pule Hwy. Mahalo for your consideration, Kelly Ah Hee C: (808) 769-1445 E: kelly.ahhee@gmail.com 26 Mr. Zendo Kern, Director County of Hawaii Planning Department 1OlPauahi Street, Suite 3 Hi|o, H| 9G72O LPCtestirnony@havvaiicounty.gov October l9, 2O2l Dear Director Kern, My name is Vicky Konnetani. My husband and | have resided in North Knhala for more than 30 years and I currently serve as President of the the board of directors of the North Kohala Community Resource Center. I am writing in opposition to the Change of Zone Application from A-20a to CV-7.5 on the behalf of Dwayne Cravalho at TMK 5-5-009:019. My reasons for opposition of this zone change are outlined below. ° The size of the parcel is far too small for the proposed activities (two food trucks, two |ua, tvvo parking stalls, and two picnic tables) ° The use proposed is inconsistent with the community's desire as stated in the North Kohala Community Development Plan /NNCDP\ to ''Keep Koha|a, Kohala" and maintain its rural character, The "Welcome to Historic North Koha|a" sign and tasteful landscaping welcomes community members and visitors to this historic district. Foodtrucka -orany related commercial activity in this same area are not consistent with this value and the historic and cultural district recommendations of the NKCDP. It would, frankly, be an affront to the Historic Kohala welcome sign and the CDC's efforts. ° As stated in the NKCDP our community desires to maintain agriculturally zoned land in use for agriculture. NKCOP also notes that important cultural sites and landscapes should be protected. ° The parking being proposed in no way can support the commercial activity. The employees at the food trucks will take up the two parking stalls leaving all other parking to be on the street at the intersection of Hoea Rd or Akoni Pule Hwy. If the thought is that patrons would park /n Havvi town and walk, this is dangerous proposition since there are not sidewalks from town to the location. Visitors constantly jaywalk in town as it is and a commercial activity on Hoea Road would exacerbate this practice, I understand Mr. Cravalho's desire to do something with this small, oddly shaped parcel. I would hope that he too recognizes our community's desire to keep it as agricultural and perhaps he instead might offer it as a community garden space or even just landscape it beautifully, as an acknowledgement and gesture to this special place, to further welcome those who visit and those of us who live here. In its current weed-filled state, it is far from welcoming and a food truckisnotaconducivevve|cornatothe ^birthp|aoeofKingKarneharneha." Than�,you for your consideration, Vicky tometa i PO Box 2l3 Havi, H| 967l9 Mori, Ashley From: Malcolm A <malcolm.askew1 @gmail.com> Sent: Tuesday, November 30, 2021 11:50 AM To: LPCtestimony Subject: REZ 21-000248 No Zoning Change To whom it may concern: I am writing to express my extreme displeasure at the idea of changing the zoning of this property. There are many opportunities for commercial endeavors that already exist in Hawi and Kapa'au so this is an unneeded change. This lot has been an eye sore for years, the owner has not taken care of it although this is one of the welcoming properties as you come into town, and next to the visitor welcome center. The location is also problematic for a business as there is no, or very limited parking space available. The pedestrian traffic would also be a safety issue. This is NOT the right plan for this property! Malcolm Askew Hawi Resident Planning Dept. 1 Exhibit 28 111'.)aryn Arai I1....and Use 1Nanning Co nsulltant Mr. Zendo Kern Planning Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, HI 96720 September 23, 2021 Dear Director Kern: Subj ect: Response to Reviewing Agencies' Comments regarding Change of Zone Application (REZ 21-000248) Applicant: Dwayne Cravalho Request: Agricultural (A-20a)to Village Commercial (CV-7.5) Affected Property: TMK 5-5-009:019, Hawi Town, Ka`auhuhu, North Kohala Thank you for sharing comments received from the various reviewing agencies, regarding this change of zone application. Through this letter, we hope to adequately respond to the comments that were provided and the concerns that were shared. Fire Department- memo dated July 8, 2021 • The Fire Department noted that it had no objections to the change of zone request. Police Department- July 19, 2021 memo • Applicant understands the traffic and pedestrian oriented concerns of the Police Department. The Applicant will explore opportunities to provide for additional parking on-site to minimize on-highway parking by patrons. If the general public is parking inappropriate along the shoulders of the Akoni Pule Highway or Hoea Road in violation of traffic laws, then it can be enforced by the Police. Applicant will take efforts to notify patrons to not inappropriately park on roadway shoulders. Applicant will hire an engineer to optimize the number of parking stalls on the property to address these parking concerns. Department of Environmental Management—July 27, 2021 memo • No comment from Solid Waste Division was noted. Applicant will dispose of solid waste at approved solid waste transfer stations or recycling facilities. P.O.BOX 4501,HILO HAWAII 96720 (808)895-3218 EMAIL:DARYN.ARAI@OUTLOOK.COM Planning Dept. Exhibit— 29 Mr. Zendo Kern, Director County of Hawaii Planning Department Page 2 of 8 September 23, 2021 Department of Public Works -July 13, 2021 memo • The Applicant will ensure that grading and grubbing of the property will comply with all applicable requirements of Chapter 10, Erosion and Sedimentary Control, of the Hawaii County Code and ensure that all development-generated runoff will be disposed of on site and not directed toward any adjacent properties. A drainage study will be prepared and recommended drainage system improvements will be constructed. • Driveway connection and construction within Hoea Road will conform to Chapter 22 of the Hawaii County Code, including provisions for adequate sight distances. • The Applicant agrees to install streetlights and traffic control devices within Hoea Road at the project's driveway access as may be recommended by the Department of Public Works. • The Department of Public Works has recommended curb, gutter, sidewalk and related drainage and utility improvements along the subject property' s Hoea Road frontage within any future road widening setback established by the Planning Department. The nearest sidewalk fronting Commercial-zoned properties is located at least 630 feet to the east of the property, fronting the main part of the Hawi commercial core. Applicant respectfully finds that imposing these costly roadway improvements is excessive and disproportional to the small scope of the proposed food truck use and the small land area requesting to be rezoned. The fact that this property does not have direct frontage with the Akoni Pule Highway due to the State-owned remnant fronting the highway would suggest that curb, gutter and sidewalk improvements only on that small Hoea Road frontage will serve no significant functional purpose since there is no similar pedestrian improvements within the immediate vicinity. For these reasons, the Applicant requests relief from having to improve Hoea Road with curb, gutter and sidewalk improvements as well as its widening to a 60-foot wide right-of-way. The requested rezoning of the property is to align its use with that of the adjacent property that also fronts Hoea Road as well as the Akoni Pule Highway. The burden of improving Hoea Road to commercial standards should not be borne solely by the Applicant when looking at the existing roadway conditions in the area. With a pavement width of 20 feet within a 50-foot wide right-of-way, Hoea Road is adequately capable of supporting the proposed food truck operations, especially with the property located in such close proximity to the Akoni Pule Highway intersection. Mr. Zendo Kern, Director County of Hawaii Planning Department Page 3 of 8 September 23, 2021 Department of Water Supply - July 29, 2021 memo • There is a hydrant located in front of the subject property along Hoea Road that has inadequate fire flow. The Applicant will work with the Fire Department to identify appropriate fire prevention and suppression alternatives suitable for a food truck operation, such as use of fire extinguishers or flame retardant materials. • A backflow prevention assembly will be installed by the applicant for the exiting water meter servicing the property. The one unit of water providing up to 400 gallons per day is more than sufficient to support the food truck operations, which also typically carry its own potable water supplies. State Historic Preservation Division (SHPD) - July 14, 2021 memo • SHPD noted that no historic properties will be affected should this change of zone request be approved. Should historic sites or features be encountered during the minimal amounts of improvements anticipated, all work will stop and the County promptly notified. No work will resume until clearance is issue by the County. State Department of Land and Natural Resources, Land Division—July 8, 2021 memo • Noted that the Land Division had no comments to offer regarding the request. State Department of Land and Natural Resources, Engineering Division—July 29, 2021 memo • The Engineering Division noted that property is not located within a FEMA-designated floodway. State Department of Health - July 21 and 27, 2021 memos • No comments from the Solid Waste Division. Applicant will provide portable toilets on- site that is appropriate for the current scope of use. While not contemplated at this time, the Applicant will consult and abide by relevant health regulations regarding acceptable individual wastewater disposal systems should any other type of commercial operation on the property be considered. • During limited amount of construction activities anticipated, the Applicant will abide by applicable construction-related regulations and best management practices related to fugitive dust control and noise limits. Mr. Zendo Kern, Director County of Hawaii Planning Department Page 4 of 8 September 23, 2021 State Department of Transportation - August 11, 2021 memo • The Applicant will look at opportunities to provide additional parking spaces on the property to address concerns regarding the number of vehicles that could be attracted to the property due to the food truck operations. The 30 vehicle trips was taken from the ITE Trip Generation Table for a fast food drive thru operation, which is not exactly like a food truck operation but demonstrated that the proposed use will not exceed the concurrency threshold that would generate a traffic impact analysis report. For a restaurant-type operation, the Zoning Code requires only one parking stall for every 300 square feet of gross restaurant floor area. Applicant willing to work with the Planning Department and its design engineer during the design stage to see if at least 4 stalls can be provided on-site. If the awkward shape of the property would prohibit the required number of parking, the Applicant will have to reduce the number of food trucks to a single establishment. • Applicant will work with the County to ensure that the location of the driveway connection on Hoea Road meets with its approval. North Kohala Community Resource Center—rec'd by Planning on August 23, 2021 Applicant appreciates the comments and concerns shared by his neighbor and well-regarded member of the community, the North Kohala Community Resource Center(NKCRC). The NKCRC was very generous to host an online meeting with the Applicant on September 20, 2021 where the Applicant hoped to address the various concerns that were raised, with much of the information shared being reflected in the response provided below. This information will be shared with the NKCRC Board at their upcoming meeting in early October. As this response will be provided to the NKCRC, we hope that it memorializes some of the things that were discussed during our recent meeting. • The discrepancies in the affected land area between the survey information and Real Property Tax Records have been resolved through the filing of an affidavit from the surveyor, which was filed for recordation with the State Bureau of Conveyances, as copy of which is attached to this response and provided by earlier by email to the NKCRC at their request. • Remnant"J" (Parcel 45) is owned by the State of Hawaii and remains a part of the State Highway system. Please note that all traffic associated with the proposed project will utilize Hoea Road and will not provide for direct access to the Akoni Pule Highway. Prior to the filing of this change of zone application, the Applicant approached the State Department of Transportation (SDOT)in an effort to purchase this remnant, to which they subsequently declined due to concerns regarding the potential placement of Mr. Zendo Kern, Director County of Hawaii Planning Department Page 5 of 8 September 23, 2021 structures and/or vehicles within this remnant and its impact upon adequate site distance at the intersection of the Akoni Pule Highway and Hoea Road (see attached SDOT letter dated February 19, 2021). Simply put, the SDOT does not support the use of Remnant"Y as a building site or as vehicular parking or turn-around area to avoid creating the very traffic safety concerns that the NKCRC is concerned about, regardless if this requested commercial rezoning is approved or not. • The proposed food truck operation on the subject property will not utilize Remnant"Y for any purpose as the Applicant does not own this remnant nor does he have any easement or lease rights to use it. Therefore, the Applicant sees no correlation between the proposed food truck operation and the safety of children being dropped off on or along this remnant by school buses. If safety of children or clients of the NKCRC is a concern, then maybe this Remnant"Y should not be used as a school bus drop-off or parking area. As mentioned, the SDOT declined the Applicant's offer to buy this remnant due to potential buildings or parking causing sight distance concerns. Therefore, the Applicant really has no control over what is currently happening within or along the highway frontage of Remnant"J". But the Applicant will make every reasonable attempt to provide adequate on-site parking as well as to remind customers to not park along Hoea Road or the Akoni Pule Highway. • As previously mentioned in this letter, the Applicant will make every effort to provide for additional parking stalls within the project site to address on-street parking concerns. Any proposed use of the property will require plan approval by the County and compliance with the minimum parking requirements of the Zoning Code. If adequate parking as deemed necessary by the County cannot be accommodated on the property, then the Applicant will have no choice than to reduce the number of food trucks being contemplated. And given the concerns expressed, the Applicant is willing to start with a single food truck in order to gauge the effects of managing traffic to the subject property. • The driveway approach from the subject property onto Hoea Road must comply with the requirements of the Department of Public Works, as emphasized in their response to this application, which did not directly speak to any traffic-related issues anticipated by this rezoning request. • The Applicant appreciates the past efforts of the Fukada and Kobayashi families in maintaining the subject property and Remnant"J". Approval of this change of zone request will provide the Applicant with that opportunity to enhance the property to accommodate both the proposed food truck operation as well as improve its overall aesthetics as part of the entry point into the towns of the North Kohala district. In the end, however, maintenance of vegetative growth within a property should not a qualifying standard regarding whether this property should be rezoned or not. Mr. Zendo Kern, Director County of Hawaii Planning Department Page 6 of 8 September 23, 2021 • The subject property is located directly in front of an entry marker welcoming people to North Kohala, whether it be residents or visitors. The Applicant fails to understand how a proposed food truck operation, serving both residents and visitors, would be considered as "unsafe" and will bring "unwanted foot traffic and visitors to the area". It's as if serving people good food prepared by local business owners is a form of"attractive nuisance". The Applicant has spoken to local individuals who are interested in operating a food truck on the subject property. This type of opportunity should be encouraged rather than discouraged. The Zoning Code will require landscaping elements, if it deems appropriate, to be provided to minimize visual impacts upon adjoining properties. The Applicant's proposal is a site for a food truck operation, which he thought would be well- received given that the property has historically and periodically been used as a food truck location prior to the Applicant acquiring ownership of the property. Officer Ray Fukada unfortunately was not able to attend the NKCRC-hosted meeting where we hoped to find specific opportunities to address their concerns, but the Applicant is willing to hear of suggestions that can help to minimize some of the noise and visual concerns upon both Officer Fukada's home and the NKCRC. The Applicant will abide by the landscaping requirements of the Planning Department during the plan approval review process. Please note, however, that any reasonable mitigation efforts must take into account existing structural encroachments that are not associated with the Applicant. • The Applicant will do his very best to be a good neighbor to both Officer Fukada as well as the NKCRC. As a local business owner, the Applicant will be responsible in reminding clients of the food truck operations to abide by proper protocols and requirements, such as not parking on the highway or within Remnant"J", for example. As the owner of Remnant"J", the SDOT ultimately decides whether parking within is allowed or prohibited and typically cannot be selective, especially given the nature of its response to the Applicant failed attempt to purchase this remnant. • The requested commercial zoning is considered "in-fill" when looking at the existing zoning pattern within this particular section of Hawi town. Maintaining the property in Agricultural uses with a minimum lot size of 20-acres (A-20a)is simply inappropriate given the surrounding land use pattern. While a garden or some form of agriculture could be pursued upon this small and awkwardly shaped property, is it in the best interest of the landowner or something simply perceived as desirable for the community when looking at the overall land use pattern in the area? The NKCRC and Officer Fukada share use of a commercial-zoned property that directly adjoins the subject property. The Applicant fails to see how this small corner piece of property be declared a"community priority" and be maintained as agriculture, as if cultivation of this property is essential to the viability of agriculture within the North Kohala District. Mr. Zendo Kern, Director County of Hawaii Planning Department Page 7 of 8 September 23, 2021 • The success of the proposed food truck operation will be borne solely on the shoulders of the Applicant. If there is not enough demand, then the food truck proposal simply fails, as is the case for all businesses. But to assume that there is not enough demand for the proposed food truck operation and therefore serves as a basis for denial of the requested commercial rezoning is, with all due respect, short-sighted. The Applicant believes that a food truck operation would present a reasonable opportunity to provide a wonderful food- related experience to residents and visitors to North Kohala. Email from Bob Endreson—rec'd by Planning on September 2, 2021 The Applicant was disappointed to see the very personal comments about his character and as a neighbor. The Applicant does, however, understand Mr. Endreson's concerns regarding traffic along Hoea Road and at its intersection with the highway. In response to concerns regarding traffic and adequacy of site distance, both the State Departments of Transportation (SDOT) and Public Works (DPW) have not expressed a similar concern regarding specific traffic movements at this intersection. Sight distance concern was the very reason that the SDOT declined an opportunity to sell Remnant"J" to the Applicant in order to preserve adequate sight distance. Concerns by other agencies focused on improper parking of vehicles along the highway shoulders by patrons to the proposed food truck operation, which the Applicant will address by providing additional parking on-site, reducing the number of food trucks if not enough on-site parking, and reminding customers to only park on the subject property. The DPW, having jurisdiction over Hoea Road, did not express any specific safety concerns associated with Hoea Road and its ability to support the proposed rezoning or intended use as a food truck site. As mentioned, there are reasonable ways to address the traffic and parking related concerns to mitigate any adverse impacts that may be generated by what Applicant feels is a small and very reasonable commercial operation on a property that is improperly zoned for agricultural activities within an area long-designated and established for commercial uses. With all due respect, the Applicant will not speak to the concerns raised about his personal character or business practices as the process of rezoning is about establishing a proper land use pattern. The Applicant hopes that these responses provide sufficient foundation and perspective for a project that can reasonably mitigate any adverse impacts and is a reasonable extension and infill of existing Commercial-zoned lands within this particular section of Hawi town. Mr. Zendo Kern, Director County of Hawaii Planning Department Page 8 of 8 September 23, 2021 Again, thank you for sharing these comments with the Applicant and hope that we have provided reasonable responses to the comments and concerns that were shared with us. Copies of this response will be provided to the North Kohala Community Resource Center and Mr. Endreson. Should you have any questions, please feel free to contact me. Sincerely, Daryn Arai encls: Affidavit of Chrystal Thomas Yamasaki SDOT letter dated February 19, 2021 copy w/encls: Kohala Community Resource Center via email Mr. Bob Endreson Mr. Dwayne Cravalho via email AFFIDAVIT OF CHRYSTAL THOMAS YAMASAKI STATE OF HAWAII ) ) SS: COUNTY OF HAWAII ) CHRYSTAL THOMAS YAMASAKI, being first duly sworn on oath, deposes and says: 1. 1 am a Licensed Professional Land Surveyor, No. LS-4331, in the County and State of Hawaii. 2. Our firm, Wes Thomas & Associates, Inc., was hired by the owner, Dwayne Cravalho, to research the boundary for TMK: 3/ 5-5-009: 019 (subject property). The deed received upon Mr. Cravalho's purchase of the property did not contain a metes and bounds description of the property and simply conveyed the property with the TMK designation. Our research indicated that this property did not have a metes and bounds description in any of the available recorded documents. 3. The property is bounded by Hoea Road on the West, Road Remnant"J" on the South and TMK: 3/ 5-5-009:018 on the East. Each of these adjoining parcels and Hoea Road have record dimensions for their common lot lines. With this record boundary data and the record boundary data of other lots in the area, our firm field located the recoverable boundary monuments for the subject property, the adjoining property and other properties in the area. 4. With this available information we performed a boundary analysis to determine the true and correct azimuths and distances for the subject property. Any of the missing boundary monuments for the subject property were set in accordance with the new metes and bounds description. 5. The map and metes and bounds description of the subject property are attached as EXHIBIT "A". FURTHER AFFIANT SAYETH NAUGHT. CH PSTAL THOMA YA ASA�t Subscribed and sworn to before me ce this day of 1A�J� 2021. Kimberly M. Y masaki 'T f1.1N•••' , �r�r;••'' •.� ''� Notary Public, State of Hawaii -Jr,= My Commission Expires: 10/02/2021 O5-620 NOTARY CERTIFICATION %�'"'`•., '�'�e��� Doc. Date: None at time of notarization 3rd Circuit OF�1Pt���` Kimberly M. Yamasaki ��t�tll1111�� Commission Expiration Date: 10/02/2021 Notary Signatur Date 112 Inch Pipe (Set) 112 Inch Pipe (Set) 0 112 Inch Pipe (Set) Z U Q w Portion of R.P. 6292, L.C. Aw. 10,575 to Lonoheana J QN w (3) 5-5-009:018 o 00 7,544 SQ. FT 0 1 2 Inch Pipe 13,699.52 Ft. North Spike (Set) Set) 3,354.04 Ft. East Ref. "PUU 0 NALE'0 112 Inch Pipe (Set) ~T° l/°hukopO Remnant 'V" Government Land (State of Hawaii) Spike 1 2 Inch Pipe Set Set) PUCn AC� 112 Inch Pipe (Set) No FE ,�,�9 Y O •A.S. 3,q(��� To Kapoou-- QJ W Z �(P� T. y4,1,7 Q LICENSED v U PROFESSIONAL LAND MAP SHOWING SURVEYOR PORTION OF R.P. 6292, L.C. AW. 10,575 TO LONOHEANA y No.4331 * �wAI I V ' At Kaauhuhu North Koha/a This map was prepared by me or under my direct supervision. Island and County of Hawaii, State of Hawaii �,C°srna�o CHRYST L THOMAS YAMASAKI Licensed Professional Land Su or State of Hawaii Certificate Number LS-4331 PROJECT NO.: 18996 TAX MAP KEY. 5-5-009:019 (3RD DIVISION) FIELD BOOK NO.: 1189, 1192 and 1341 DATE: OCTOBER 12, 2017 October 12, 2017 p:\18500-18999\18996\dgn\18996b.dgn *7EL.. WES THOMAS ASSOCIATES — Land Surveyors —75-5749 Kolawo Street Kailuo—Kona, Hawaii 96740-1817 (808) 329-2353 FAX (808) 329-5334 EMAIL surveysOwtahowaAcom EXHIBIT "A" #18996 Portion of Ro, ' `Patent 6292, Land Commission Award 10,575'-Lonoheana i PORTION OF ROYAL PATENT 6292 LAND COMMISSION AWARD 10,575 TO LONOHEANA Land situated on the Easterly side of Hoea Road and approximately 20 feet Northerly of Akoni Pule Highway at Kaahuhu, North Kohala, Island and County of Hawaii, State of Hawaii. Being a portion of: Royal Patent 6292, Land Commission Award 10,575 to Lonoheana. Beginning at a 1/2 inch pipe (set) at the Southwesterly corner of this parcel of land, being also the Northwesterly corner of Remnanat "J" (Government Land) (State of Hawaii) and being a point on the Easterly side of Hoea Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU O NALE" being 13,699.52 feet North and 3,354.04 feet East and running by azimuths measured clockwise from True South: 1. 1800 28' 120.83 feet along the Easterly side of Hoea road to a 1/2 inch pipe (set); 2. 3230 47' 209.00 feet along the remainder of Royal Patent 6292, Land Commission Award 10,575 to Lonoheana (TMK: 3/ 5-5-009: 018) to a spike (set); 3. 1110 00, 133.33 feet along the Northerly side of Remnant "J" (Government Land) (State of Hawaii) to the 1 T. yq point of beginning and containing an area of 5 �-9s 7,544 Square Feet. LICENSE® '? v PROFESSIONAL — WES THOMAS ASSOCIATES LAN® SURVEYOR � No.4331 Ch stal Thomas Yamada ��WAIt, Licensed Professional Land Surveyor State of Hawaii Certificate No. LS-4331 75-5749 Kalawa Street Kailua-Kona, Hawaii 96740-1817 TMK: 5-5-009: 019 (3rd Division) October 12, 2017 #18996 Page 1 of 1 WES THOMAS ASSOCIATES —Land Surveyors— 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817 IDAVID Y.IGE *' .BADE T.BUTAY GOVERNORr DIRECTOR ''. Deputy Directors p MIGHth�AYDESIGN IBRANC�H ROOM E�86A A; LYNN A.S.ARAKI REGAN BRIDGE DESIGN SECTION,ROOM 6174 DEREK J.CHOW CADASTRAL DESIGN SECTION,ROOM 600 M "� ""' ,v^'� ROSE M.kIIG�A ENVIROMENTAL DESIGN SECTION,ROOM 666A HIGHWAY DESIGN SECTION,ROOM 509 EDWIN H.SNI'.FFEN HYDRAULIC DESIGN SECTION,ROOM 636 TECHNICAL DESIGN SECTION,ROOM 609A TAT OF..HAWAII IN REPLY REFER TO: TECHNICAL DESIGN SERVICE,ROOM 686 D T ENS' TRANSPORTATION ORTATION HWY-RM 3.96605 RIGHT-OF-WAY BRANCH,ROOM 691 HIGHWAYS DIVISION AT KAPOLEI TRAFFIC BRANCH,ROOM502 601 KAMOK'PP..A BOULEVARD February 19, 2021 Mr. Daryn Arai P.O. Box 4501. Hilo, Hawaii 96720 Dear Mr. Arai: Subject: Mahukona- awi Road, Federal Aid Project 27-A (1) llawi-Niulii Road, Federal Aid Secondary Project 3-A (1) TMK: (3) 5-5-009:045 Reannant Purchase Request Thank you for your request for your client, Mr, Dwayne Cravalho,to purchase the above-referenced remnant. unfortunately, we cannot accommodate the sale of the remnant due to safety concerns. There were concerns that structures and/or vehicles on the remnant may prevent vehicles exiting from Hoea Street onto the State highway from seeing oncoming traffic. Should you have any questions, please contact Travis Tomono, Right-of-Way Agent, of our Highways Division, Right-of-Way Branch at (808) 692-7390 or by email at travis,k,tomono ca hawaii.gov. Sincerely, FAWN Y. YAMADA Right-of-Way Manager