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HomeMy WebLinkAboutPD Background Report (PL-SPP-2022-000031) BKe`A1ohaLaniLLCSPPAmend3.21.23 COUNTY OF HAWAI`I PLANNING DEPARTMENT BACKGROUND REPORT KE`ALOHA LANI LLC (FORMERLY HAWAI`I BREWERY DEVELOPMENT CO.,INC.) AMENDMENT TO SPECIAL PERMIT SPP 842 (PL-SPP-2022-000031) KE`ALOHA LANI,LLC has submitted an application for an amendment to Condition No. 4 of Special Permit No. 842 for a 5-year time extension to construct and occupy on one lot, and a 10-year time extension to construct and occupy the remaining lots. Special Permit No. 842 was approved in 1993 to allow the establishment of a brewery, water and soft drink bottling facility and related improvements on 14.5 acres of land(including the subject parcels which total 7.829 acres of land) situated within the State Land Use Agricultural District. The subject properties are located on Shipman Road, east of Highway 11 (Volcano Highway), west of Railroad Avenue, and north of Highway 130 (Kea`au-Pahoa Highway), Kea`au, Puna, Hawaii, TMKs: (3) 1-6-141:024, 027, & 028. PROPOSED ACTION 1. Applicant's Request: The applicant is requesting a 5-year time extension to construct and occupy on one of the three lots within the project area, and a 10-year time extension to construct and occupy the remaining two lots. The applicant requests that the condition be amended as follows (material to be deleted is bracketed/struck through, material to be added is underscored): "Construction of the proposed brewery, distillery, or bottling facility and related improvements on one of the lots covered by TMK: 1-6-141: 24, 27, & 28 shall be completed, and a certificate of occupancy issued before October 18, [2423]2028. Further construction on the remaining two lots shall be completed, and certificate of occupancy issued before October 18, [2428]2033. Prior to establishing a use permitted under the existing FA-2a zoning, an amendment to delete the affected lot or portion thereoffrom the Special Permit shall be filed with the Planning Department. A recorded instrument informing all three lot owners of this conditional use -1- requirement shall be filed with the Planning Department prior to the conveyance of any of those lots". 2. Reasons for the Request: According to the applicant, since acquiring parcels 24 and 27 in 2021, they have diligently worked securing the necessary permits to develop a water bottling facility on parcel 24 with the intent of moving its existing water bottling facility from Hilo closer to the source of the water proximate to the project site. The applicant has secured Final Plan Approval for the proposed new water bottling facility on parcel 24, a grading permit, and a well permit from the State on parcel 27, which will provide water for the water bottling facility in the near term. Additionally, the applicant is in the process of finalizing drafts of civil, electrical, and building plans for submittal in the first quarter of 2023 and completion of construction within 18-months thereafter. Given this timeline, the applicant will not be able to meet the October 2023 deadline and thus requires the time extension for constructing and occupying on parcel 24. While the applicant and Bender Consulting, LTD (owner of parcel 28) are considering options to construct beverage-related facilities (e.g., a brewery or distillery) as permitted by the subject Special Permit, neither owner has any firm plans or specific development timetable to complete the project, thus they are requesting the flexibility of a 10-year time extension to develop and occupy on the remaining two lots. 3. Landowners: Ke`Aloha Lani, LLC and Bender Consulting, Ltd. 4. Supportive Information: The applicant has submitted the attached in support of the request. (Planning Department Exhibit 1 — Special Permit Amendment Request dated December 8,2022 and Supplemental Information dated January 2,2023) BACKGROUND INFORMATION 5. June 7, 1993: Effective date of Special Permit No. 842 approved by the Planning Commission to establish a brewery, water and soft drink bottling facility and related improvements. 6. 2004: A water bottling facility (now Hawaiian Springs)was established on 7+ acres of the original approximately 14.5-acre property. 7. January 11, 2005: Effective date of Final Subdivision Approval of Subdivision No. 7900 which subdivided the 14.5-acre parcel into two, 7+ -acre lots. The Hawaiian Spring -2- water bottling facility was situated on one parcel identified as TMK 1-6-141:001. 8. December 16,2003: Effective date of the first 5-year extension of time for the Special Permit to complete construction of the brewery and soft drink bottling component of the proj ect. 9. April 18,2006: Effective date of Final Plan Approval (FPA) for the brewery on TMK 1-6-141:024. As the Zoning Code renders the FPA effective for a two-year period (Chapter 25, Zoning Code, Section 25-2-7), the FPA for the brewery has expired; thus, the applicant will be required to secure FPA should this request be approved. In a supplemental letter dated August 5, 2013, the applicant has stated that an amended plan will be submitted for FPA. 10. September 30, 2009: Applicant filed a request for a second amendment to Condition No. 5, concurrent with a change of zone from A-5a to FA-2a for approximately 7.829 acres (TMK 1-6-141:024, 027, 028). 11. December 18,2009: Effective date of the second 5-year extension of time to complete construction of uses permitted under the Special Permit. 12. March 18,2010: County Council approves a concurrent change of zone from A-5a to FA-2a for approximately 7.829 acres (TMK 1-6-141:024, 027, 028) under Ordinance No. 1020. 13. November 21, 2011: Effective date of Final Subdivision Approval of the approximately 7.829-acre property into three lots. The reason for the subdivision was to increase the potential of attracting different operators for a brewery, distillery, soft drink, or a water bottle facility on the various lots. 14. October 18,2013: Effective date of the third 5-year extension of time to complete construction of uses permitted under the Special Permit. This amendment also allowed permitted a distillery use on one or all of the subject parcels. 15. February 16,2018: Effective date of the fourth 5-year time extension to complete construction of uses permitted under the Special Permit, with a deadline of October 18, 2023. 16. April 2021: Applicant acquires parcel 24 and parcel 27. -3- 17. November 23,2021: Issuance date for Final Plan Approval for a water bottling facility on parcel 24. 18. March 18,2022: Issuance date for grading permit for a 1.73-acre portion of area of parcel 24 and parcel 27. 19. October 2022: Bender Consulting LTD acquires parcel 28. STATE AND COUNTY PLANS 20. State Land Use Designation: Agricultural. 21. General Plan LUPAG Map Designation: Medium Density Urban. 22. County Zoning: Family Agricultural-2 Acres (FA-2a). 23. Puna Community Development Plan (CDP): The Puna CDP was adopted by the Hawaii County Council, Ordinance 08 116, on September 10, 2008. The project site is situated just outside the boundaries of the proposed Kea`au Regional Town Center, which is located just to the south and west of the subject properties. 24. SMA: The Special Management Area(SMA) is a part of the Coastal Zone Management Program and regulated by the County. The project site is located approximately 3.5 miles from the nearest shoreline and is not situated within the SMA. DESCRIPTION OF PROPERTY AND SURROUNDING AREAS 25. Subject Properties: Parcel 24 is generally square shaped, is approximately 2.41-acres in size and is vacant of any structures or improvements. Parcel 27 is also generally square shaped and is approximately 2.996-acres in size. A deepwater well has been developed on this parcel to service the proposed water bottling plant and a shed was constructed to protect the well and pump. Parcel 28 is rectangular in shape and consists of 2.424 acres of land. This parcel is vegetated and vacant of structures. 26. Surrounding Zoning and Land Uses: Surrounding properties are zoned A-20a, A-5a and MG-20. Uses in the area include the Hawaiian Springs water bottling facility on the A-5a zoned property (parcel 001) directly to the north which was part of the original Special Permit project area, a solar farm on the MG-20 zoned lands, agricultural warehouses, and scattered residences. Additionally, there have been various Special Permits approved in the area, including several processing facilities for papaya,pickled vegetables, fruit, and macadamia nut. One is across from the Kea`au HELCO substation -4- and the other is located on the southeast corner of the East Milo Street Extension/Railroad Avenue junction. 27. Agricultural Lands of Importance to the State of Hawaii (ALISH): "Other" Important Agricultural Lands. 28. Flood Zone: Zone"X" or an area of minimal flood hazard. 29. U.S.D.A. Soil Survey: The property is classified as Panaewa very cobbly hydrous loam, 2 to 10 percent slopes. 30. Land Study Bureau Soil Productivity Rating: "D" or"Poor" soils. 31. Archaeological/Historical Resources: According to the applicant, an archaeological inventory survey of the site was not conducted as the site has already been disturbed. When the property was originally rezoned in 2003, the Department of Land and Natural Resources-Historic Preservation Division stated that no historic properties will be affected by the project. 32. Flora/Faunal Resources: Although there were no professional flora or fauna surveys conducted of the site, the applicant does not believe that rare or endangered floral and faunal resources are likely to be found within the project site. The site has been extensively cleared, as it was used formerly for sugar cane and later as a cattle-holding pen. A good portion of the site has also previously been developed with former mill structures and other improvements that have since been demolished. The site is not known to be a habitat for any rare or endangered animal life. 33. Cultural Resources: There is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known valued cultural, historical, or native resources in the area. 34. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. 35. Traffic: No traffic study was prepared for the subject property. The applicant stated that the projected use will not cause any significant increase in the projected traffic flow utilizing the existing improved roadways. -5- PUBLIC SERVICES AND FACILITIES 36. Access: Access to the project site is from the Kea`au-Pahoa Bypass onto a frontage road, known as Volcano Road. Volcano Road connects to Shipman Road (formerly Slaughterhouse Road), a private road, approximately one mile from the Bypass. Both Volcano Road and the Shipman Road have a pavement width of 20-feet within a 50-foot wide right-of-way. Access to the project site is from the Kea`au-Pahoa Bypass onto a frontage road, known as the Volcano Road. Volcano Road connects to Shipman Road (formerly Slaughterhouse Road), a private road, and access to the permit area is via two side by side 25-foot-wide road and utility easements located via the flagpole portions of TMK's: 1-6-141:001 and 024 and continue over TMK's: 1-6-141:027 and 028. 37. Water: According to the applicant,potable water needs for the proposed water bottling facility will be met by a private,potable water well. The Department of Water Supply (DWS) requested that the applicant provide estimated maximum daily water usage calculations for the overall project,prepared by a professional engineer licensed in the State of Hawaii, showing the anticipated use of water from the DWS' water system. Upon receipt and approval of the water usage calculations, the DWS will determine if the existing water allocations are adequate to support the proposed demand. If the proposed demand exceeds the existing allocations, DWS will determine if additional water can be made available, the meter size and applicable facilities charge and other system improvement requirements. DWS system standards require that a minimum flow of 2,000-gallons per minute for a 2-hour duration and a pipeline velocity of less than 10-feet per second be available at the site for fire protection for industrial land uses. The existing 4-inch waterline fronting the property is inadequate for fire protection and the nearest fire hydrant is more than the required 150 feet from the project area, thus DWS recommends that the applicant consult with the Fire Department on any fire protection requirements or alternatives. Finally, DWS noted that the private well water source and the DWS water source shall not be interconnected in any way. 38. Wastewater: There is no municipal wastewater system in the area. According to the applicant, an enhanced septic system meeting with the requirements of the Department of Health will be required. -6- 39. Solid Waste: The applicant indicated that the solid waste will be handled through commercial haulers and deposited at a county landfill. 40. Other Utilities/Services: Electricity, cable and telephone are available to the site. Police, fire protection and emergency medical services are located in Kea`au, less than two miles from the properties. AGENCIES' COMMENTS 41. Department of Water Supply: Planning Department Exhibit 2 —March 16, 2023 Letter 42. Department of Environmental Management: Planning Department Exhibit 3 — March 10,2023 Memo 43. Fire Department: Planning Department Exhibit 4—February 21,2023 Memo 44. Department of Health: Planning Department Exhibit 5—February 17, 2023 Memo AGENCIES/ORGANIZATIONS -NO COMMENTS/NO CONCERNS 45. Department of Public Works-Engineering Division, Police Department, Real Property Tax Division, State Office of Planning and Sustainable Development. AGENCIES -NO RESPONSE 46. State Land Use Commission, State Department of Agriculture. APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 47. Planning Department Exhibit 6: March 2,2023 letter from Sidney Fuke responding to Fire Department and Real Property Tax comments. 48. Planning Department Exhibit 7: March 20,2023 letter from Sidney Fuke responding to DEM and DOH comments. 49. Planning Department Exhibit 8: March 27, 2023 letter from Sidney Fuke responding to DWS comments. PUBLIC COMMENTS 50. As of the date of this writing, the Planning Department has not received any objections from the general public or adjacent landowners on the subject application. -7- Sldn2yFuke, Planning Consultant P.O.Box 1345 •Hilo,Hawai'i 96720 •Planning•Variance•Zoning Cell:(808)989-0540 •Subdivision•Land Use Permits E-mail:sidneyfuke@gmail.com •Environmental Reports December 8,2022 Mr. Zendo Kern,Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street Hilo,Hawaii 96720 Dear Mr. Kern: Subject: Time Extension Request-Special Permit No.842 Applicant—Ke'Aloha Lani,LLC (formerly Hawai i Brewery Development,Inc.) Kea'au Puna Hawaii TMK: 1-6-141: 024 027 028 Please find enclosed for your review and processing a time extension request of the subject Special Permit. Special Permit No. 842,as amended by the Windward Planning Commission at its meeting of February 1,2018,required construction and completion of the project on at least one of the three(3)lots by October 18, 2023. The applicant is requesting an additional five(5)years to address this requirement, as well as the subsequent extension on the remaining two(2)lots. The applicant—which purchased the subject properties via an agreement of sale in 2021 --has made substantial progress towards addressing this requirement. It had secured Final Plan Approval, secured a grading permit, and had preliminary building, electrical,and civil plans prepared for a new bottling and warehouse facility on one of those lots(TMK: 1-6-141: 024). While it has every intention of completing this project as soon as possible, given the permitting and construction uncertainties,completion by October 2023 is problematic. As such,the applicant is seeking an extension of the first lot. Concurrently, it is requesting additional time to complete the remaining two (2) lots. In that regard,please find the report outlining the request and related information.. The list of surrounding property owners and related filing requirement are/will be uploaded into the EPIC system. Should you have any questions on this matter, please feel free to contact me. Thank you very much! ncerely SIDNEY M. FUKE Planning Consultant Enclosures cc Mr. Ryan Emmons,Kel'Aloha Lani,LLC via email Mr. Marcus Bender,Hawaii Brewery Development,Inc. via email Planning Dept. Exhibit 1 TO WHOM IT MAY CONCERN: Please be informed that as Applicant and/or landowner(s)of the property identified by TMK: (3) 1-6-141. 024, 027, and 028, I hereby consent and have no objections to SIDNEY FUKE,PLANNING CONSULTANT processing my request to amend Condition 4 of Special Permit No. 842 by providing additional time to complete construction of the project. L'201 10/26/2022 RYAN EMMONS,CEO (Date) Ke'Aloha Lani,LLC 736 Cima Linda Ln, Santa Barbara, CA 93108-1813 TO WHOM IT MAY CONCERN: Please be informed that Hawai'i Brewery Development Co, Inc. (HBDC) has sold by way of Agreement of Sale to Ke'Aloha'Lani, LLC (KAL) the properties identified by TMK: (3) 1-6-141: 024, 027, and 028. We believe KAL enjoys the rights of a landowner, one way or another, please be informed that HBDC has no objections to KAL submitting and processing a request, through its planning consultant, Sidney M. Fuke, to amend Condition 4 of Special Permit No. 842 by providing additional time to complete construction of the project. The undersigned is the authorized member of HBDC. MARCUS BENDER (Date) President, Hawaii Brewery Development Co., Inc AMENDMENT TO SPECIAL PERMIT NO. 842 KE'ALOHA LANI, LLC (FORMERLY HAWAI-I BREWERY DEVELOPMENT CO. INC.) KEAAU, PUNA, HAWAIA TAX MAP KEY: (3) 1-6-141: 024, 027, 028 I. INTRODUCTION Ke'aloha Lani, LLC (hereinafter referred to as either "applicant"or"KAL') purchased the subject properties through an Agreement of Sale from Hawaii Brewery Development Co. Inc. The subject properties were issued a Special Permit (SPP 842) for a water, brewery, and soft drink complex on May 27, 1993. (Exhibit A) Condition 4 required occupancy of one of the facilities before October 18, 2023. Although the project is underway, its occupancy before that date is problematic, and thus, the applicant is seeking a time extension of this condition. II. PROJECT LOCATION The subject area is located generally east of the Volcano Highway and (Highway 11) and north of the Keaau-Pahoa Bypass Road (Highway 130). The town of Keaau is located approximately 1 mile to the south. (Figure 1) Surrounding land uses include a papaya packing plant, the former Keaau Kim Chee factory, a cabinet shop, and scattered residences. There is a property less than 1,000 feet from the subject area that was rezoned to FA-1a. As will be explained below, the affected area, consisting of 7+ acres, is part of an original 14.5- acre area that was initially issued a Special Permit. The 7+ acre site has since been subdivided into three (3) lots. (Figure 2). III. PERMITTING BACKGROUND Hawaii Brewery Development Co. Inc. ("HBDG') • applied for and received a Special Permit (SPP 842) by the Planning Commission on May 27, 1993, to establish a brewery, water, and soft drink bottling facility and related improvements on 14.5+ acres of land. Subsequently, a water bottling facility was established on 7+ acres of the original acreage. • because the brewery and soft drink bottling components on the remaining 7+ acre portion were not completed within the required time period conditioned by the Special Permit, requested and received a 5- 1 OK" ,tea ncrg 0 a • - wcn - asp PRGJE:CT LOCATION wanpNnl f Subject Site PA PA> Shr an X NOT TO SCALE Irrd= 1� 6K x . Y c % d h s �b eta Sugar uup a O z Like S . 46 f .�.'� ..�- .� _ `W" _ • •���o•' sir. .. s�• � r w- --- f'ttaard, Shivmau�t?i - c Z :rS- v.. im } ,�.',\ ti �y o - c f an_ Nrn� 172a cu O K h eiki -- _^ fir fig. r .Lots 15rnou±wdI 'd3tred* .P _ Fi r e I. t /� F ♦ s n . ® Subject Site �♦ � S�_ � y IV ,ff � •; .3 a g r` •� tr .� F�1. 4 4 6' In 3 Oi tv r , z ti 2 kr ♦ tt F A 6s � O j m� �i 3 4 ti k j 4 �O r � bum � w a t r'r1\+tr�+��� V 1'� {F. Ir i 1#f»✓iaf c�OS Q ? year time extension from the Planning Commission on December 16, 2003. Although Final Plan Approval was secured on April 18, 2006, neither the brewery nor the soft drink facility was constructed on the remaining 7+ acre area, which is the subject of this request. • requested and was granted another 5-year extension on December 18, 2000. The completion deadline was extended to October 18, 2013. • in conjunction with the time extension request, requested and received approval for a FA-2a zoning on March 18, 2010. HBDC wanted to have this 7+ acre area subdivided into three (3) lots so that various components of this project could be on each of those lots. In so doing, there would be the potential of having different operators for a micro- brewery, distillery, soft drink, or even water bottle facility. • received final approval on November 11, 2011, of its proposed 3-lot subdivision after fulfilling the required rezoning conditions, such as payment of the fair share impact fees, and the subdivision conditions, including completion of water line improvements, • shortly after receipt of final subdivision approval on November 2011, applied for and received a 5-year administrative extension to October 18, 2018, to complete the project. HBDC maintained that it sought but could not find suitable operators of the various sites, due in large measure to the global economic malaise that began in 2008. • finally, sought and received the Windward Planning Commission's approval of another time extension as outlined in a letter, dated February 16, 2018. (Exhibit B) Condition 4 required completion of the project on one (1) of the three (3) before October 18, 2023. Ke`Aloha Lani, LLC ("KAU) In 2021, Ke'aloha Lani, LLC • purchased the subject properties through an Agreement of Sale from HBDC. • had been actively seeking the appropriate permits to operate a water bottling facility on one of the lots within the 7+ acre area. • submitted and received Final Plan Approval for a water bottling facility on November 23, 2021, on one (1) of the three (3) parcels identified by TMK: 1-6-141. 024_ (Exhibit C) • submitted and received a grading permit on the affected property (Exhibit D). 2 • had prepared and are finalizing civil, electrical, and building plans for the project, which will be submitted for permits early 2023. Pertinent portions of these plans are found in Exhibit E. III. NATURE OF REQUEST As noted above, Condition 4 required completion of the project on one (1) of the three (3) before October 18, 2023. While the applicant is intent on completing the project before that deadline, the permitting and construction uncertainties will make that deadline unattainable. While the applicant believes that the project can be completed within the next two (2) years, the applicant is requesting a 5-year extension to accommodate any of the aforementioned uncertainties. Condition 4 also required that the construction be completed on the two (2) remaining lots before October 18, 2028, five (5) years after completion of the first project. The applicant is requesting that date also be extended by an additional five (5) years to October 18, 2033. In that regard, the applicant would suggest the following draft language, with the appropriate underscore and bracket, to address its request: Condition 4: Construction of the proposed brewery, distillery, or bottling facility and related improvements on one of the lots covered by TMK: 1-6-141: 24, 27, & 28 shall be completed, and a certificate of occupancy issued before October 18, [2023] 2028. Further construction on the remaining two lots shall be completed, and certificate of occupancy issued before October 18, ['2028]2033. Prior to establishing a use permitted under the existing FA-2a zoning, an amendment to delete the affected lot or portion thereof from the Special Permit shall be filed with the Planning Department. A recorded instrument informing all three lot owners of this conditional use requirement shall be filed with the Planning Department prior to the conveyance of any of those lots. IV. JUSTIFICATIONS FOR REQUEST In considering time extension requests, a Special Permit usually outlines three (3) criteria that must be addressed. Although these criteria were not stated in the existing Special Permit, they are nonetheless useful and will be used in addressing this request. These criteria and the applicability of this request follow. A. Circumstances That Were Unforeseen or Beyond Control of the Applicant As noted earlier, the applicant recently acquired the rights through an agreement of sale in 2021 to develop the subject properties. Being mindful of the time constraints, it proceeded immediately to address the construction and occupancy deadline of October 2023. It contracted the appropriate design consultants and, in the process, secured Final Plan Approval (Exhibit C); secured a grading permit (Exhibit D); and completed drafts of civil, electrical, and building plans (Exhibit E). The applicant is having those plans finalized and intend to submit them for building and related permits within the first quarter of 2023 and begin construction of this estimated $6-7 million project immediately thereafter. The construction phase is anticipated to take 18 months from issuance of all permits. Thus, completion by October 2023 would not be realistic. It should be noted that the applicant currently operates a water bottling facility in Hilo and produces and markets its product called "Waiakea Hawaiian Volcanic Water". The source of the water is proximate to the proposed site, where the water is shipped to Hilo for bottling and warehousing. That is less than the optimal economic situation. As such, the applicant is proposing to construct its own bottling and warehouse facility on the subject property. In spite of best efforts, the water bottling and warehousing facility cannot be realistically completed by October 2023. As such, it is requesting a reasonable window to complete the project- B. Consistency with County General Plan and Related Plans and Ordinances 1. General Plan LUPAG M� The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates most of the site Low Density Urban. This designation is designed to accommodate land uses that are "(S)ingle family residential in character, ancillary community and public uses, and convenience type commercial uses." Since the Special Permit was approved in 1993 and with its subsequent extensions, there have been no changes to the LUPAG map affecting the subject site. 2. General Plan Polices Likewise, there have been little or no significant policy changes 4 affecting this area and/or project. The project would still be consistent with the pertinent goals, policies, and standards of the General Plan document. For one, it will provide limited short-term and considerable long- term economic opportunities. In the short-term, there will be construction work. More importantly, however, longer-term opportunities would be created largely in the form of the proposed brewery, distillery, or water bottling facility. The applicant currently employs nearly 65 full and part-time employees, which is anticipated to increase to 80 upon completion of the bottling facility. In so doing, the resultant project should add revenues to the County and State coffers. The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of wind patterns. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) areas of environmental concerns - air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not be violative of any of those objectives. Aside from vehicular transmission, air pollution associated with the project should be negligible. All wastewater systems would be consistent with the requirement of the State Department of Health. An enhanced system is needed to mitigate potential impacts to the existing well on the site. Given the concern and the DOH's requirement, any potential groundwater or coastal water impacts should be minimized. If required, a solid waste management plan could be prepared and implemented. The project will also not be a noisy one, except as may be associated with comparable agricultural operations. Any noise-generating facility would be carefully placed to minimize their noise impacts to adjoining properties. The agricultural noise standard will be maintained. The project area is designated Zone "X" on the Flood Insurance Rate Map and thus outside of any floodway. Nonetheless, a drainage system will be designed in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. 5 The site does not have any known archaeological sites, and earlier, the State Historic Preservation Division concluded that no historic properties would be affected. The site has been fully improved in the past. However, if there are any inadvertent finds, work will cease and resume only after proper clearances from the State and/or County have been received. Being partially disturbed and within a quasi ruralfurban area, the prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote_ The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project has been used in a manner where it blends with the existing terrain. As the project site is more than three (3) miles from the ocean, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Then, too, through the use of septic system or other acceptable form of wastewater system, impacts to the coastal water will be minimized. There will be little impact to public facilities. The wastewater system will be private. The water system to each of the three (3) lots was constructed in a manner meeting with the requirements of the Department of Water Supply. Road improvements within each of the three (3) sites will be constructed by the applicant or developer. The private road leading to the site was approved by the County through the subdivision approval process. Schools and other public facilities are also located proximate to the site, most of them being less than five (5) miles away. In terms of the Land Use, Economic, and Agricultural elements, the pertinent goals, policies, and standards of the General Plan note the following: • designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County • Protect and encourage the intensive utilization of the County's limited prime agricultural land • The County shall encourage the development and maintenance of communities meeting the needs of its 6 residents in balance with the physical and social environment • The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Economic development and improvement shall be in balance with the physical and social environments of the Island of Hawaii. • The County of Hawaii shall strive for diversity and stability in its economic system. • The County shall provide an economic environment, which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. • The County of Hawaii shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. • Industrial activities may be located close to raw materials or key resources. In view of the foregoing goals and policies, it is noted that the subject project would be consistent with not only the Extensive Agriculture and Alternate Urban Area but also the Low Density of the LUPAG map. From a zoning standpoint, it would also be generally compatible with the surrounding area. Although zoned FA-2a, there are a number of lots that are less than five (5) acres in the immediate vicinity. There is also a residential subdivision less than a mile south of the subject site, and FA-1a zoning of a property less than 1,000 feet to its north. Although the soil of the site is classified "D" or Poor, it does have agricultural potential, as evidenced by the past and existing vegetation on the site. This lot size, while being beneficial to the applicant, would not compromise the agricultural potential of surrounding areas. 7 The property has no severe topographic or geologic problems that would render the land unusable for the proposed project. 3. Puna Community Development Plan (CDP) 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-" (Emphasis added) Pursuant to the above, the Puna CDP was developed and adopted by the County Council on August 27, 2008. The CDP established three (3) major themes-. • Malama I Ka`Aina which "establishes how the contextual natural, historic and cultural features of Puna should be preserved." (Emphasis added) • Growth Management which "addresses how the future pattern of human settlement and land use should be shaped to respect that context and support the desired quality of life for Puna's residents." (Emphasis added) • Transportation which "focuses on sustainable approaches to transportation to support the goals of the two above themes." Relative to the Malama 1 Ka'Aina theme, four (4) major elements were identified and assigned goals, objectives, and actions. These elements and their relationship to the proposed action follow: 1. Historic, Cultural, and Scenic Resources As noted earlier, the site—as confirmed by the State Historic Preservation Division - does not have any historic properties that would be affected by this proposed action. Furthermore, neither the General Plan nor the Community Development 9 Plan identified any scenic or cultural resources on or proximate to the subject site. 2. Native Forests and Geological Features Given the location of the property and the geological condition of the site, the goals and objectives of this element would not be applicable to the proposed project. 3. Aquifers, Coastal Waters and Storm waters The project site is proximate to potable wells in this area. Accordingly, the level of wastewater system to be utilized will be an enhanced septic or aerobic system for the proposed brewery and other facilities. These systems are needed to assure adequate protection of the wells in this area. All storm water generated by the project would be retained on site through a system of drywells, if required for the subdivision. These drywells will require the approval of the State Department of Health and through the NPDES permitting system, the objective of not only storm water containment but protection of groundwater will be fulfilled. Given the above, combined with the fact that the property is over seven (7) miles from the ocean, the goals and objectives of this element would be fulfilled. 4. Shoreline Area As the site is not a shoreline or coastal property, this element is not applicable. The other major theme is Managing Growth. For this, six (6) elements were identified. These elements and their relationship to the project follow. 1. Land Use Pattern One of the goals calls for the retention of the rural character of this area. Given the existing 2+ acre sized lots and Family Agricultural zoning, that character would be maintained. At the same time, another goal calls for expansion of economic opportunity. The proposed brewery and related facilities would provide such an opportunity. 9 Notwithstanding the above, the General Plan LUPAG map designates this area for Low Density Urban. The existing Family Agricultural zoning with its 2-acre sized lots would hence implement not only this but also the goals of the CDP. It should be noted that the FA-2a zoning was approved to help implement the Special Permit; yet if the uses envisioned by the Special Permit do not materialize, the lots can be used for Family Agricultural purposes, which would be in line with the Plan. 2. Agriculture and Economic Development The subject site, while zoned Agriculture, has not been used intensive agriculture for nearly 50 years. Instead, it has been left fallow. Nevertheless, the smaller lots — it the brewery and related uses do not materialize -would enable small scale and backyard type of farming and other diversified agricultural opportunities. As such, the 2-acre lots should not have an adverse impact on the agriculture industry. 3. Social Services and Housing As this is not a housing project per se, this section is not really applicable. Indirectly, however, by having the three (3) lots and if the brewery does not materialize, there is potential for an increase in the inventory of lots in this area and that could help, in a small way, the housing situation. At the same time, by making the proposed brewery and related facilities more feasible with the smaller lots - should the brewery develop -, there would be greater employment opportunities in an area that would be proximate to Keaau and the immediately surrounding area. That would help reduce commuting time and expenses. In that regard, it could afford employees and employers to devote more time to their families and the community. 4. Public Safety and Sanitation Services The subject site is located in an area where basic infrastructure is available. Public cost to extend these needed infrastructures would thus be minimal, if at all. 10 5. Parks and Recreation This section is not really applicable, as the project would have no direct impacts on parks. Nonetheless, there are existing park facilities in the village of Kea'au. Furthermore, the site is not listed for any future trails or park related uses. 6. Energy Sustainability The applicant intends to utilize solar and photovoltaic system to help with some of its power needs for the proposed brewery and related facilities. Other means to reduce dependency on the conventional fuel source is being explored. Additionally, the structures would be renovated to take advantage of wind and sun patterns for both heating and cooling. The third theme is Transportation. This theme consists of five (5) elements, and their relationship to the project follows. 1. Traffic Demand Management The project's location would help reduce the flow of both potential workers for the proposed brewery and related facilities as well as residents requiring certain services from traveling outside of the district. In that regard, it would definitely fulfill two of the major objectives of this theme. For the bottling facility, the operator intends to encourage its employees to consider car-pooling to the extent feasible. 2. Mass Transit This element is not really applicable. Furthermore, unlike other areas, it would not be feasible to have bus stops at this site, given its location away from major transit routes. 3. Roadway Network Likewise, the objectives and policies of this element are not directly pertinent to the project. 4. Highways None of the objectives or goals is applicable to this project. 11 The project does not front any of the major highways and the projected volume of traffic is negligible. 5. Non-Motorized Travel and Scenic Byways The subject site is not part of any proposed non-motorized travel area, such as a bikeway. There are also no known trails within the subject site. Accordingly, the project would not be incongruous with this element. Based on the above, it is concluded that the project is still consistent with the Puna CDP as well as the GP LUPAG map. 5. Zoning and Subdivision The designated zoning of the site is FA-2a. The requirements of the subdivision code have been complied with, resulting in receipt of final subdivision approval. The zoning and related standards (including the Special Permit) will be complied with in conjunction with the building permit process. 6. Coastal Zone Management The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as the entire island falls within the State Coastal Zone Management (CZM) Area, some discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean. It is more than three (3) miles from the shoreline. As such, the proposed action should not have any adverse impacts on the area's coastal recreational and marine resources nor have any impacts on beach protection. The likelihood of this improvement having any impacts to the area's historic resources is not likely_ The site has been extensively cleared, as it was used formerly for sugar cane and later as a cattle-holding pen. A good portion of the site has also been developed with structures and other improvements. Nonetheless, should there be any inadvertent finds during construction of this project, work will stop until clearances are received from the appropriate County and State agencies. 12 The proposed action will involve the construction of improvements in a rural/urban setting. Accordingly, there is a potential visual impact to the area's scenic and open space resources from the Volcano Highway and Keaau Bypass. However, relative to the height of the proposed battling, brewery, and other structures, they would be comparable to a residential dwelling (i.e., less than 35 feet tall). As the proposed lots are large (2+ acres), the visual obstruction, if any, should be minimal. At the same time, beyond the site, the view is relatively flat with no direct ocean or mountain views. Thus any visual impact to the near or off shore waters as well as to slopes of Mauna Kea or Mauna Loa would be absent. Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located well over three (3) miles from the ocean. Notwithstanding the distance, the nature of the project and the construction of septic wastewater systems are such that potential coastal ecosystem impacts would usually not be found. Although the proposed action will not result in creating more active agricultural use of the land, it will still have economic use. The existing water bottling plant and soon to be developed water bottling, micro- brewery and other planned components of this project will provide employment to area residents. As such, there will be economic uses of the property. Because of its distance from the shoreline, the site should not be subject to coastal hazards. Relative to the managing development objective, this function is more applicable to the "authority" or approving agencies. However, it is noted that the request would operate and be constructed within the scope of the Zoning Code. The subject site is zoned FA-2a, and the requested use through the Special Permit and design/parameters (parking, height, setback, etc.) would be consistent with said zoning. In that regard, the project would be consistent with this policy. Finally, in terms of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the public hearing process required pursuant to the Planning Commission's Rules on this application. Notices of this application will be sent by the applicant to surrounding 13 property owners of the submittal of the application, and again, prior to the public hearing. Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205-A-23, HRS and Planning Commission Rule No. 9 relating to Special Management Area. 7. Other Permitting Requirements As noted earlier, other permits would still be required. These would be of the "ministerial" variety, such as Plan Approval, building permits, possible Underground Injection Control (UIC) permit, and the like. C. Consistency With Original Reasons for Granting of-Permit The reasons for approving the Special Permit and subsequent amendments, with some additional comments by the applicant in italics, follow. Essentially, the Windward Planning Commission, in summary, found that: • The subject site is not really suitable for agricultural uses, as the soils are classified "Other Important Agricultural Land" on the ALISH maps and designated "©" or"Poor" by the Land Study Bureau for agricultural productivity. Neither the soil condition nor the method of classification has changed. • The use of 7+ acres should not significantly compromise or adversely affect the agricultural land inventory and thus not be contrary to the intent and purpose of the State Land Use Law. • Given the existences of warehouses and quasi-industrial activity proximate to this area, the proposed use would not have a significant adverse impact to surrounding properties. Additionally, the proposed uses are within a private subdivision that does not share the same access as other agricultural lots/residences in this area. • The essential character of the area will also not be changed. 14 • The proposed use would not unreasonably burden public agencies to service the project in the way of road, water, sewer and other infrastructure. All of the required utilities— road, water, and wastewater system— are or will be provided by the applicant or developer. 15 .%• 06fJfl,�200� 1II:10 FAg �1002 st�n�rett C��'atttnal�xra {' Kt kCa�ar ns Xr At PLANNfNG COMMISSION 25 AulmdC ircd,$cam]R9+MIN,HmR 9627 -4252 (p�s3 98FaJt� �?Sx(Ha6y pSf9S15 CERTL ' .Tung 7, 19-93.: _ ._-._ . ... . FIavai:L Brewery DeweZapTqont Co. L-W 4.. 4747 Kilauea Avenllea S'Uita 31-1 EIawaii Brcwee Ty Davelor teht cc_ ,td. " gta�st: Establish .HrOzvlaryo Grater and Sift arihk Battling s 3lity she p]anri zri CdYd lti h - c xe F.2i 1 1 .pu Y f c h ar:ln9 ors hi�y 7'K '� 9 r • rated. ohs`. tovi ! �I�t.�oj tj Permit No.. 842 r to �av�abl�s�a WA-Eer UTi F, dr,Ink becttlincj fau-i'l.ty at'a ralatr�d. 14. :. of Land in the. sae land: Uda g.g� '-cu' A ira'X Diz. iJ d cc+m z� iota a1Sa v to id rrulXil"cy, spa-ia1: Pern t' NO. 450 whIoU allowed the establ-i.8hrdPY �. s] uglit rErcr�z � ' t tax � t d e aibm includes. tho o Mar..Mtk. o Meeat �txY7erx�o e wha.a�y �. t7rsXlria�tl.y4 L & t off' E�� S1.at�c7iy:Intersect x+�n XeaatuF Pi' na Approval of thin_ rn-Vctttt`;.i.s, based an the following; -The xarxtiriy `thi peci I p x� �t will Prvanate the e . eat v+cne�s ana 6-;Jective5 of Chapter .205, I4�LW8_15 Payi ag axn.ancted. Thd State Land VPO Ji;%W RQ4e9 and.. R t�1' crrs`s are.:a t. n �d`.:t �a esextx� protest, and enoo'tiraye d rca spin at n'-. k�e Mate far those uses to t...k►l h they axe htf�t-k'sUii'�ed in the jnterost of tho pu)t Iic health and welfare . of the people 04.,the -Ptnte .of.Hawaii. 'ln tha asi " h�: a i-evl:tvrgI diotrictef the intarnt of, t '�`•St%i'eu-La3nd use L�Iff R,Ulco apd ReguIntions is to pxeserv* Qr keep lands' of tag �c ��i7ltttr2rl �rteTrtial xrr agx'3eultux•aI �s�, Exhibit A 06,10flt2003 16'10 FAQ Mr: �ra�ctls &e�,a�rr Preeidectt -: __ -. u 7, v)93 pare L• the land on w1tih the PbQsad 11s0 a 'a lcacae ` ` uuti�rX Sails within t4t�`�'�n��ac�� ace �.]:a'sslfieA aS 'lfther important AgriovZtttral. Land" aacdrdih4 to the 'AW��3 nap 3Y t� Ytt and l� sr OX, npoo):-rr by tha Land Study 8uroau fOr agriakilttt ail px'oc1-uat:V1tY. While soils vithin tlxc� p�oject site Mr a r��r n4itable for. aq�ipiiltura.l uses, tha Pr©paged nre�rery a,n b6tt'liiiq ap�r�ti+7� t�Fi7 ,::r ; strlwtuvca:mhich. were,buiZt, in �.9d3_ Severn,] to h'a existing s7�uCh'�erhausB and �?4rehoUau eoTn�i].ex�s �ricl�dc 54tt.i '' the CdG�I1�5 1L1Ct .�F1 4?� a net' Jttach`ina Lind e�u��mant J�ackagrsq kiuildltiq. . he � m�x�v mrer� s� iY `;bs 3rsaat e+ * 3n_t � praj'ect Site ' which had' t�faH rr�otl Ox�$;;!n pa>it �� .the �aLnnet" ti '. Iatightdrhou�e PVEata XOns ..•., '�k�e o r �t i ,� tea pa ec tl� the_pLropps t i�se t,C 11,rt� dvarSely Dnj3i1Ct 'Eha- $CjriC-U1tux'a1 land a-�u#01—Y .iri hin �i'e oizzYtg`. isw�ii and. not b* .,Con�rarY �tr the - .nt.ent z.hd purpose of t]q._P.: t bane 7*e Law. atn,ostC�e.CC!CC?Yr11%t? T11�S1 gd2aphme request bu� �-ya o2dupe w.au r ,: 03 C3 a ciarnsa"' � zttn � na�C " h �r' ��riam3c. dagiltspmrt and a r �r ,s sh i� bq i . � p � �t a n tho .I Jan CYf s w r +�. -h.e cc��triy shac'3 prra� '" pa _ ch rtW, £c�LsrtdYscl, 8 �ixYr 'a+yad ` � nmic - ` that ` yam a �J.a1e4:..*-ith' the 4tzify' y frllX'L14 ' �SL[ lJ�'�Ll Q�ll CCJI7�17 17 {. poisht Chas x tr v '•z�a�c r iv s a t cats to ~a t eic"axialay by strEltic th n�►��1. e sting KIndJ. ustx���- anti Thy 'approuaT ohs s:r�egti�statt£� I �r b :Gi ,�r�t wth ihd Land. t?li;e policy G'f- t-he., D�;az rat �arEd"a�2acst� i ti aX ' au�ttti��,and �.n kea�i'ngM•s�` e coca- r and physical ezjV r zrtdustrial d12veXc+p qnt shaxll he located In area6 . ly ber'veid t �k� �t` tat�.an, u iz' _ as, an4 IT xktdtrs t:'ial d v�leptnant shah anais7t�a n c iitprove the _. gg:pkj�ty of the present enviroament. �ddd1f):U1 70"OZ '91 'w39 06/00/2003 16:10 FAX �I,fl04 xr. XdraUs Bender, Preoid�.rxt r "Tu-flv. 7 r 1943 �^. page �+ Industrial a0tiVit`ieS- spay be Inca�tad Q10se to ra-w Inaterials or. kaY �sota d 5 A Suffer zones shztll hR esteklili e-h�_6d betWrd4n indu.!;ktxi a� and adjacent nancamgat ible-UOCS a 1a�?t7 Although industrial iz) nature', appraVal. 4 . S13 °a quest at t];ga particular acatian wotild.:a1go allow for ath. a �--XP4 adad tees e�i the br were that aY c bo=-apeTi to th.0 pubi . _ Morn span ca 1�Fr. tolIrs caf the pr, oprased brern►nry Qpe bans wi 1. �� ,M61e to the Public. �f�e k�eer tnanufa•Gttari rtg prca Ocvail $.a�npZ��. beer and T--��a r� salts �riii �� image- a�raxJ p or,6 Vio.i ax fi n er. he.,. raga ed Ub will nb� have any Ejfgn.if.icant a-dyOr-Sm e�fe to ein the surround,U'4 aparties. Thy Prop_e��d EQnti?Iti ,'f' z: tk� rnQar ,..�s ritct�t: �sormaa;3y ut. as a .axzgi�tsttsssas +�h p � a41 ups W�i .. 'inherentl'Y be le ' a in, er�ab cter than the �o -der sXaughti�a-pause ��S�ra�ians > wttah::h�td:'heen` n r�perar�ri errxccs...a �tt..Yearstb�r `: . :. exiistmu .iradustr a7��ty :b tt:ses .arm. lac ted zn 'the rn�alate fCitt3ty '� .thy pro'jeet -site in�lur]i�iq a ]���n chime Pxadea�sinr� as�iz, ty, dry :.nna�€dam nut .-ng and pad*asdip pan , .end a 4. S Y � �_,� vent ie— Qra �x se..of the r-r- c "Arid s 1 a zrjt3u�tr a =t ..:of say uri n Me . arr.ta.alp�.Y.vd . p�ro�xosec7 tame :vrz1.�: r7a'tr cjaa�er&ta; any ady,�r°sr� - • - r - i1�paC�:s r;a sEtrratSYad ng a:ap� 3 )s• �3t� +Cvea^r. to '�tt aiX` thy. ariy a ic�z .nois® i of any 'adV40;&� visual s inpa-e _s whi ch m Y ' g n r& : ° 'g Qpx x to landscz�piri. and paved; areas;. ie' z-a vinmetacle,d. oaor genera ed- tb0�i pr6geC;bd:tas�.:�-s in �gatei a be n y].i.gib't ���S�i a21� ��n aca�riparec� t�s .b�Iars whiGFi'may ha'v I eati q axeratad riy 'rho farMie_r lavghU;e4 ? . o 'era t J_CJ The prapos d txs will not rpubEstantialIY 0er o~ 01saklgP the: 8ss�nt.ia]: charaatar of the laird and the preseht 'UPO. .._,& pr .ely tCle�7��.�7lied r �ha �brY�er ��.aug�Zt�rbauae op�x'at�.can =had '.. . ; been. exjst�rii;e B ex�$a tad 40 years. The - pPPIIcant intends t°+a uka la r far the mb;�; pi-art existing stxucttzres trt�_'h4u5e ��� fA,t ery,. and -bottl ii -Ig operations. Due to concerns ;expa:e sed''. regsrdinq the crp ration of the .prQp�5Q tvf si�or ��st3ria �can canter At -is' racman3uended that tine PI Rhh ng bepart�n�x " :r. a s ss th�,,propo�ati vi sitar destination canter use 3 ycar ;�fe&m the d�xt� oi' %s�iatt � Of a caxti.fiate -off or�aupaancy for :thy ��uor des' inatio.n center-use to ern.sur-e its QdDtiTIIACd aai►fcrnisnce- W tb the oa:zgXna2 infant and P=POss for granting of this apedi.a.1 `� 8. 'Oh 1E5� - f3- � OU/09/2003 16:11 FAX 10005 h�x . M�rrct�s I��ttdexf pz-�s•it�er,� June 7, 199n Page 4 'rho pi-vpa5ed u9g will not nxc asortaS ly bird ri rt> lip ajehaies to pravide: xaadg, aril atxinin!tisr $ we�sF water, drainage, s•cljnQj i,MproV0ftaizts, police .alld fire grotaotion, WasteWat&_r dIgposal, will, he `acc.ominadat"ed within indi.Vidual wastewatei r8atznant ��rsf�m( � . The" Department of H&alth will, enRo 'ce wastetrr t x d�apasal: regulationz, county wetl�!.3& is zsvaila.ble to the subjact property, which will be. supplamented 'by`ari exiz� ..riqq other ezz' entiztl uti,l.ities and services .arc br will- b� made available, A<!�!eOq from •tbP VulcanG Hi 5bWay 670ntaga xaad ,to 'the subjmat prape�°t� Ri .i- .k�e via. Sla0g4br:b7•houne ,RaA s a pt�vate raa�vgayr n �rir� . aveiiant. width �xr within' ah apFzoi�irnste�. zlA fc�.t::X,i.ght-a�-t�a� .t�z th grilvcl �Ii6ulder*s„ From Sjiik;g then X7X QCLEc3 gVe]C �! p ]1�ate. -ioadway atub oWhed by W.H Shipman, Inc i This roar V3Y .4'tUbr trhich p�rovidea acceat. try- the xbaau Rim Chee fanil-tty. .and ,tha prDj apt sits,,'has a .paV6rnertt. �;l-dr h of IY' 0to' 71U �fCgt .within .a _50.-Eoat .rii.g4t4vf moray. car,�errts..regerding ,the ac'I�cgixt�t4x a£ .this roadway stab. .�n� - aC(;gMMMdatt the. proposed arse V4era rmi..a.a4 riy,surraun�,��g.pro�rert� . a rn r a•; the P]anrring: CoinittLssian<&: April,. -M6At��., ��9� �i:nq nn the " =Ub j ect ap'pli:�ati ark., A. libsegpant meeting with t li�ssa I?in7t7YJnbrs, 'the'.appl.ioant, Anil aff< cCt es nt�t�,Vt�a in the ol.arificatkon 0-f the' propozed projact; and - - spec 10--in g4tLrro reamureg: :_:—_.�_�_._�_ ----- ---. - - thb 'Vol_di_ ......- - - road :found that sUalk poud turf ng. nighty when vls:iblllty io lo*— -This.reforei it fp rec-timMn4ed'.tlxsit-th' tJclu�s of agera.ticn-of tkti pt&P08gd I r g .yi:si hr enter r� a atianS .be "jimite-d tv• tha hours rr-6m 7:-00• a,- tt. to s+3.0 p.m. ,. daiyk. s. withtlier regUsste for .special Fr]Yii �...tnihcti ..arc non'-reidntia7 fnan�$griouYtura�; in riatua�ef Ythe :2t5P9ioarit sha7� iMs saves the private gate'roadway s tif� with a aise�mum Paveine L!L. : - which would allow for tv�d way traf-fiC, .:in a. mariner ine6tiXlg WAt� the appro'.Val of the Deoa.rtmufit of Public Works. Since most o-� th& concatnN regardizig traffic ravol vi�!d arouna the prQPa-ved Vi lto �"r 5i er operations, 'it% ura.V112 bo Ji Mittd to deinorts•tta•tiartf .nf the bear jdanufacturing process, sampling of bear, tie Fetai.x r, r e or related 'memarafai.11a' and a sating cexpaoity not to exGaed 2-0 pQop7..G. unusual conditions, trando and n&.&dr, have mr.-Iseh since the di,stri.ct bouzadariea and regulati,onp Vera as•tablishn.d, Acjriotlltural activi.tias has witnessed a deQIir[E over th,i�i y*LarP, .most evidently with the cl asingof HnMaku.a Pula-'If, ca�uptny. Rahohing activities hawa al:srr f40ed similar GGanQM'0 deQl-fno Di.uQr__if, Gatjon of the island's economy has hepn PvUght as €r. ?3Lkf 7C against 'tha ocntinunl deal.iAu or the agrri.cul.ttixal YF 7L 7Z ')Z 'L3j '11/20N 16:11 FAY U 006 � � Mr. Ma�elrs �enc3err �r��id�rit ! Lrune 1999 industry. The applioant wi.�hcs .ta utilize water frOm an existin5 can-sita Well tar its braw±ng and W&tar j,#oi't-drink aper4tiors. While not agriaulttira in the usual Sens r t� le proposed use WAIJ gti.l.izO an On-�i tes resattrce for ar361101ftia �urpdses. Approval oe this request im subjaat to the following aondi,t4ons! 1. The applicant, succesaore, or assigns shall be raspohsi,bl.e for complying with all of the stated eonaitions of appForrz�x. 2. Th4 app;i,c�a:nt, its suopgszarn or assigns sha.11 indemnify and hold the County of I;tW&ii Ahd oWhei�s of Sinfighterhouse. naAd (`1'MK: 1 65 141 t 22) harmless from and.against any loss, li.albl.l,#ty, claim or demand O'er tb* properuy damngre.. persr3nai Injury and death ari aii h5 out of any a.et *r. omission of tie app.l scant., -i.ts su 4 s v s or assigpsr Qrficers' , and ageAs,unaie this VpMi.t,Qr relating to or connected w1th th,'a grantihq .of :thil%. per7ilit. 31 cohsoijda-t.ion and rosubdivia$D' .af the. iaubjec grapextias phal,.i ba obta4ni�:d prior t6 Fi hal plan Appratrt�l . . 4. Final, Plan Approval -of the.bxeWdry anti bott.iing fac;,l. ty shall be 5&cured, fram. th6 Pifinning 'Dapatrtmvnt. glans shall identify exi,6ti,nq and, proposed structurg�sF pavipsi (pancrate �r �sphalt�cvncrete} �r�.v+�way �.n�d pazk�.rig �:reas asea��ated with the proposed use: Appropriate 2gndsoapirtg s�ral.l, be provided for thin purpose of , mltigatinv MAY noise and' viRnPL impacts Which may be the facility, 5. Csnstruatlon f renovation pf the pr 6porad trXawery and hottl ing fat i!IitY and related i.ipruy exits Phall be .camplatod, and a cert,iticate of vccu�anpy in6ued within five yea-ra from the eff(ict1ve date of thss Special Permit.. 6. Accema to thn mubject pxopert:y shall meet with the. approval of the 13epartment of Pu'bl is Works. The appl(cant shall provide pavenent iTaptdovemerts within. the ent4ra len4th Of thR roadway stub (TMK, 1-&�144: 24) in a manner meetiitt'T 'with the apgrQval of thu D6p?trt2qeht of Public Works� pr!Qr to the 1ssU$nce of a Cart.ifidato Of ocenpa.rdy for the. propa!r.ed development. 7, The vi%itawr desti,na- ,Ion center operations shall be llmttcd to the T=ro ±r43n ?:Do a.n. t4 6;30 p.m. , dR12y. 9 'A 8 'Qh � 1�"d � _'�r�i Z F!'�t fiv ; �4,v� v�!; '�? fl j ' OB/Q9/2d0� 18:11 RAC - �QQ7 Marcus Benner j Pril-t9ident JU-ne' 7, J F�9 3 Page. 6 a. The visitor dentination cant.ar ehal,l bo limited to demonstrations og beer mahufaoturing f hear sampliYiq and the raV4�1 sale of relatkd rennrabilia. Seating cspan ty of the canter shall not exooed 250 pcOple. R. The Planning bepartm8rct shall reassess the visitmr destination center operatiOns for continued con4oxmanom againSti thR ❑riginal .intent and purpose far grantitiq the Speal,ai permit three (3). yE4rs from date Of i�3uanan se a certifl,cate of accuganay fot the visibor di;�stfnation center. Ac may be requested bytha Pjanning Director, the applicant ah421 provide all eivailable Infor=tion neacsnary for the proper assessment 04 t 10 visitor 06hter OP6ratiOlriZ, which sha.i7, include a .detallsd account of all 05MP .a. nts r6ceived i?y the applicant and its disp❑sit�ari� vis��o� counto, and other 3•8levant informAtloh. should the . Direct= f1hd t,v- vi.sitcr dortinatiOn C&hter ap'i�rat.icx► not within the orlyInh1 intent for grantInq e Special Pormit, ' tha inatter Mall. 'be.brought before the, planning Ca=is�19Yi F 10. Tha appl. :o;Ant shall damply with RppUcabxe 1awsi riaXQ�� and regulations of t,ho a,ffeafo!d agenaiesr including those of the Departminr:t eo£ HeaLith and the Department of -Liquor �airitl'o1.. 11. , C7pon. cadnplsance wj' _h- 411 .uQndit.loh:5 -of app*eves, 1TI obnjuncytian With the. application for a septif.icato, of quoup4ncy and parlor 'to thp7 brew-pry,of the brewry, -the applicant vh22ii pubmit t final status ropart, in writIng,, to the Planning Department. 12, An axtens.ivn of time for the parformanpo of, co'ndit:.=-- with rt the permit may be granted by they Planning.Director upon the faildwi,hg pirtutatancee: 1) tho 09-n-performance i!r,. the of conditi6nr, that could riot have' bep_ni forezeen or are beyond. the contra2 of the: appl.icefttt, qtucce.ssaxn, ow assigns and th4t ar6.not tho rosult o9 their fault Or neg 3yereC+ � b) gran-Urig 'of the t.imo �xtere�ion vFvu2d r�.4+t be aont'rary tp the deneral plan ox zan; ng Dada; 0) graht.ing of tho time extension vdould not 1pe a6htrazy- to the original .reagons for the gran ing of the per.nSt; any d) the time extenoinn granted shall he for a period nOt to oKCIeed the period rriginaIly 9r,'4ntzd fOr PerfOthnnca a condition to he perft6rnieq v ithin ax-ca yeAr may ba extended for up to on(� additional year) . rurther, should any of the condi.t.iong not bs hl-_t or substantJ411y cramplied with in a L 06/09/2003 19:11 FAX �1008 r Maroi#t Bender, president .7q L '7, 1993 page. 7 timely fashionr the Director shall initiate prooeauren to >revoki�- thi4S pgx'kt M This apprbvaX does not, however, sanction the apaajfjo plans submltt td wlth tbu� appli-gation af; thay may Jae, subject �o Change given Bpeaj.f,C 00de afta regujatary raVi.r6rants of thei affected ageri�3es_ Should you have. any questi,='s f P�.saOa feat. -free is c antaot V63noy Nakano of Darya Arai Of tbu 7Xan 'ng Dapartn nt at n in Cerely, Donald L. Mrara l i l i' cfea rnan. Mannihq Ca4itm.issi.an W :jdk �k�AwaiU���G k x�� Hari+�ra}�l.e 5-���hEn K. Ymittr�sh�ra, hf�Srs�r t°" pJ.enninrg �S.re�t¢� . Mr. Earnest M'atsnrnUra Dep4rtTiAnt of Publid works pepartment of Water SuPPIY Stag Land vie cammiss'-Ibri Plan ,ApProval Section $1xP �5 Cl Harry Kim Joseph Clarkson,Chair Mayor s Donald Ikeda,Vice Chair Donn Dela Cruz Gregory Henkel, OF 14 Myles Miyasato Thomas Raffipiy County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahl Street,Suite 3 • Hilo,Hawaii 96720 Fhone(808)961-8288 • Fax(808)961-8742 FEB 16 2018 Mr. Sidney Fuke Planning Consultant 100 Pauahi Street, Suite 212 Hilo,HI 96720 D ear Mr. Puke: SUBJECT: Special Permit No.SPP 842 (Docket No.SPP 93-000003) Applicant: Hawaii Brewery Development Company,Inc. Request: Time Extension to Comply with Condition No.4(Complete Construction) Tax Man Key: 1-6-141:001, 024,027&028 The Windward Planning Commission, at its duly held public hearing on February 1,2018, voted to approve the above-referenced request to amend Special Permit No. 842 to allow a time extension to complete construction which allowed the development of a brewery,water and soft drink bottling facility on 14.587 acres of land situated within the State Land Use Agricultural District. District.The project site is located east of Highway 1 I (Volcano Highway)and north of Highway 130(Kea`au-Pahoa Highway),Kea`au,Hawaii. Approval of this amendment is subject to the following conditions: l. The applicant, successors, or assigns shall be responsible for complying with all of the stated conditions of approval. 2. The applicant, its successors or assigns shall indemnify and hold the County of Hawaii and owners of Slaughterhouse Road (TMK: 1-6-141: 22)harmless from and against any loss,liability, claim or demand for the property damage,personal injury and death arising out of any act or omission of the applicant,its successors or assigns,officers,employees,contractors and agents under this permit or relating to or connected with the granting of this permit. 3. Final Plan Approval of the brewery, distillery and soft drink bottling facility shall be secured from the Planning Department. Plans shall identify existing and proposed structures,paved (concrete or asphalt-concrete)driveway and parking Hmvai`i County is an Equal opportunity Provider and Employer BBB � 6 20�8 - Exhibit B -- -- ---- Mr. Sidney Fuke - Planning Consultant Page 2 areas associated with the proposed use. Appropriate landscaping shall be provided for the purpose of mitigating any noise and visual impacts which may be generated by the facility. 4. Construction of the proposed brewery, distillery, or bottling facility and related improvements on one of the lots covered by TMK: 1-6-141: 24,27&28 shall be completed and a certificate of occupancy issued before October 18,2023.Further, construction on the remaining two lots shall be completed and certificate of occupancy issued before October 18,2028.Prior to establishing a use permitted under the existing FA-2a zoning, an amendment to delete the affected lot or portion thereof from,the-Special Permit shall be fled with the Planning Department. A recorded instrument informing all three Iot owners of this conditional use requirement shall be filed with the Planning Department prior to the conveyance of any of those lots. 5. Access to the subject property shall meet with the approval of the Department of Public Works. The applicant shall provide pavement improvements within the entire length of the roadway stub(Easement 409&412)in a manner meeting with the approval of the Department of Public Works,prior to the issuance of a certificate of occupancy for the proposed development. 6. The visitor destination center operations shall be limited to hours from 7:00 a.m. to 630 p.m.,daily. 7. The visitor destination center shall be limited to demonstrations of beer manufacturing,beer sampling and the retail sale of related memorabilia, Seating capacity of the center shall not exceed 250 people. 8. The Planning Department shall reassess the visitor destination center operations for continued conformance against the original intent and purpose for granting the Special permit three(3)years from the date of issuance of a certificate of occupancy for the visitor destination center. As may be requested by Planning Director,the applicant shall provide all available information necessary for the proper assessment of the visitor center operations, which shall include a detailed account of all complaints received by the applicant and its disposition,visitor counts and other relevant information. Should the Director find the visitor destination center operation not within the original intent for granting the Special permit,the matter shall be brought before the Planning Commission for reconsideration. Mr. Sidney Fuke Planning Consultant Page 3 9. The applicant shall comply with applicable laws, rules and regulations of the affected agencies, including those of the Department of Health and the Department of Liquor Control. 10. Upon compliance with all conditions of approval, in conjunction with the application for a certificate of occupancy and prior to the opening of the brewery, the applicant shall submit a final status report, in writing, to the Planning Department. [Note: Rarnseyer version available upon request.] This approval does not,however, sanction the specific plans submitted with the application as they maybe subject to change given specific code and regulatory requirements of the affected agencies Approval of this permit is based on the reasons given in the attached Findings Report. Should you have any questions,please contact Maija Jackson of the Planning Department at 961-8159. Sincerely, 2 ose Clarkson, Chairman Windward Planning Commission LHawaiibrewerydevelopmentamendS PP 842wpe Enclosure: PC Findings Report cc w/enclosures: Department of Public Works Department of Water Supply County Real Property Tax Division-Hilo State Land Use Commission GIS Section Mitchell D.Roth ''; y,�� Zendo Kern Mayor �6G;;r Director Lee E.Lord Jeffrey W.Darrow Managing Director Deputy Director -tl LOF��wF West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy + 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawa+ 1 Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8289 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 November 23,2021 Mr. Christian Renz Pacific `Aina Design P.O. Box 9013 Kailua-Kona,HI 96745 Dear Mr. Renz: SUBJECT: FINAL PLAN APPROVAL(PL-PLA-2021-000065) Water Bottling Facility 1 16-331 Shipman Road TMK: (3) 1-6-141:024,Kea`au,Puna,Hawaii We have reviewed the above-described plans for the proposed Water Bottling Facility pursuant to FINAL PLAN APPROVAL. Enclosed is a copy of the FINAL PLAN APPROVAL for your files. Please be aware of the conditions of approval that are part of this FINAL PLAN APPROVAL for the proposed project. These conditions,which are listed on pages 2-3 of the FINAL PLAN APPROVAL document must be complied with prior to the occupancy of the proposed Water Bottling Facility. For your information, all accessible parking spaces shall comply with current State and Federal Standards. Please fmd the most current requirements at the Disability and Communication Access Board website at: http://health.hawaii.gov/dcablparkiniz or visit our wcbsite for helpful information at: https://www.planninp-.hawaiicounty.gov/resources/resources-references. Should you have any questions,please feel welcome to contact Larry Nakayama of this Department at(808)961-8149,or via email at Larry Nakayamaahawaiicounty.gov. Sincerely, ",.,-.... .i".8'.20HST� ZI NDO KERN Planning Director LHN: %T011011planningpubliclP1an Approvals111PL-PLA-2021-000065 Ke'Alaha'Lani TMK 161410240000 letter.doc -� Encls: PL-PLA-2021-000065 Form cc: Planning Commission Division www.planninughawaiicounty.gov Hawaii County is an Equal Opportunity Provider and Employer planning a.hawaiieoun Exhibit C COUNTY OF HAWAI`I PLANNING DEPARTMENT FINAL PLAN APPROVAL PL-PLA-2021-000065 APPLICANT/AGENT: DATE APPROVED: Pacific`Aina Design/Christian Renz November 23,2021 LOCATION: TAX MAP KEY: 16-331 Shipman Road (3) 1-6-141:003 PARCEL AREA: ZONE: 104.980 sq.f1.(2.410 acres) Family Agriculture--2 acres(FA-2a) PROPOSED USE: SLU: Water Bottling & Storage Facility Agriculture As Shown on Plans Comments Side Yard: (North) + 100.0' OK. 20' -0"Minimum Required. Side Yard: (South) 260.0' OK. 20' -0"Minimum Required. Side Yard: (West) 39.5' OK. 20' -0"Minimum:Required Side Yard: (East) 55.5' OK. 20' -0"Minimum Required. "Section 25-4-14.Flag lots. (4) The minimum yards for a flag lot; excluding the access drive, shall be the minimum side yards required for a building site in the applicable zoning district. Height of Structure: Water Bottling& Storage Facility: 31' -1 I" OK. 45 feet Access to parking: Driveway access off Shipman OK. Must comply with the requirements of the Road. Department of Public Works. Off-Street Parking: Twenty-seven(27) standard OK. Water Bottling& Storage Facility: stalls and two(2)ADA stalls shown. 17,064 sf./1,000 sf= 18 (17.06)stalls Office Area: 528 sf/400 sf=2(1.32)stalls Total Stalls Required: 20 stalls; 1 of which must be ADA Van accessible. Loading and Unloading Space: Five (5) 12' x 50' loading spaces shown. OK. Water Bottling&Storage Facility: 16,972 sq. ft.:two(2)loading stalls -required. Hawai'i County is an equal opportunity provider and employer Final Plan Approval for TMK: (3) 1-6-141:024 PL-PLA-2021-000065 November 23,2021 Page 2 of 3 As Shown on Plans Comments Fencing and Walls: OK. Material: Height: Location: Landscaping: See Landscaping Plan: (Sheet LP-1) OK. Complies with Rule 17, Planning Department Rules of Practice and Procedures. See Condition 1. Others: Tax Clearance. OK. Issued October 13, 2021. Site Drainage Plan: OK. Approved: 10/07/21 Related Planning Approvals: OK. Special Permit 842 (SPP 93-000003) Approved on July 31, 2018 ,-� Special Permit 842 (SPP 93-000003)-Amended Approved on February 16,2018(Amendment to a allow a time extension to complete construction Pending Violations:None. OK. HRS-Chapter 343: Not Applicable. OK. DLNR-SHPD Clearance: Not Applicable. OK. Airport Hazards: Not Applicable. OK. Special Management Area: No. Not Applicable. Does this Project have a Fair Share Contribution? FSC:Yes_ No , N/A X FSC Checked by: Larry Nakayama Date: 11/05/2021 Conditions of Approval: L Prior to issuance of the Certificate of Occupancy, approved landscape planting and improvements shall be established per approved landscape plan and in a manner consistent with the Standards of Rule 17 Landscaping Requirements. PIants shall be maintained in a manner conducive to their health and growth. 2. Approved parking to be paved,striped and appropriate signage installed prior to issuance of the Certificate of Occupancy. ^ Final Plan Approval for TMK: (3) 1-6-141:024 PL-PLA-2021-000065 November 23,2021 Page 3 of 3 3. The applicant is responsible for constructing accessible parking spaces in accordance with all current County,State,and Federal standards and requirements. ADA van—accessible spaces shall be I wide by 18'deep,with a 5' wide access aisle. An alternative design allows a van-accessible space to be eight feet (8') wide if the adjacent access aisle is also eight feet (8') wide. Two parking spaces may share one access aisle where multiple parking spaces are provided; one access aisle can serve two spaces. 4. Prior to approval of a Certificate of Occupancy(C.O.),the Planning Department may inspect the subject property to verify compliance with the approved plans. A C.O.shall not be approved where the buildings, site improvements, landscaping or use plans are found by the Director to be inconsistent with the submittals for which the Final Plan Approval is issued. 5. No Modification to Plans Without Prior Written Approval. All work shown on the development plan covered by this Final Plan Approval shall be completed. No additions,substitutions,or alterations to the site parking, landscaping, or building design plans covered by the Final Plan Approval, shall be made without prior written approval of such changes by the Planning Department. A written request for approval of such changes shall be submitted and include scaled plan sheets clearly specifying all proposed changes. Upon assessing the requested changes,the Director may approve or deny the requested changes or require a new,complete application for Plan Approval where the Director finds the changes to be substantial. 6. Applicant,its successors or assigns,shall comply with all stated conditions of approval of Special Permit 842 (SPP-842). 7. Applicant shall comply with all other applicable laws, rules, regulations and requirements of Hawaii County. eme i9,207 05:20 HST) ZENDO KERN Planning Director LHN: 11COAMlplanninglpublic\Plan Approvals\ITL-PLA-2021-000065 Ke'Aloha'Lani T'MK 1601410240000 focm.doc O�TY4 OP H4 �L W, 9 - n n Permit Type: PW Engineering Project: App Date: 01/2712022 Work Class: Grading Permit District: 1 -Puna Exp Date: 03/2012023 Status: Issued Square Feet: 0.00 Completed: NOT COMPLETED Valuation: $0.00 Assigned To: Approval Description: Waiakea Water Warehouse Expire Date: 03/18/2022 Parcel: 161410240000 Main Address: 16-329 Shipman Rd Zone: FA-2a(1-Zoning Code) 161410270000 HI -- 16-331 Shipman Rd Main mdu(3-LUPAG) HI A(2-State Land Use) Owner Other Engineer q I plicant Ryan Emmons Christian Renz Yen Wen Fang Oren Hironaka 19809 montau dr PO Box 437197 455 E.Lanikaula Street 455 E.Lanikaula St. Topanga,CA 90290 Kamuela,Hl 96743 Hilo, HI 96720 Hilo, HI 96720 Business: (808)339-0610 Business: (808)930-7822 Business: (808)930-7840 Mobile: (808)938-3379 Permit Custom Fields Processing Office Hilo Area to be Graded 1.73 Cut Quantity(CY) 7790 (acre) Parcel Area 5.4 Disposal Site TBD Fill Quantity(CY) 7020 Borrow Site T313 Inspector Name Cy SMA DPW Effective FIRM X 0 Zone DEM-Sewer Ahupuaa Kea'au CDP Puna LSB Soil Type D Attachment File Name Added On Added By Attachment Group Notes -Signature Oren_Hironaka_1128i2022.jp 01/27/2022 17:47 Hironaka,Oren g Uploaded via CSS Invoice No. Fee INV-0u010161 Grading Fee Fee Amount Amount Paid $37.03 $37.00 Total for Invoice INV•00010161 $37.00 $37.00 Grand Total for Hermit $37.00 $37.00 Condition Description General Condition Date Created Satisfied Pending Receipt of hard copy of plans 03/03/2022 Yes Submittal Name Status Received Date Due Date Complete Date Resubmit Engineering Review v,1 Completed 01/28/2022 02/28/2022 03103/2022 No Yes Item Review Name Department Assigned User Status Assigned Due Completed State DLNR--Historic Preservation Public Works:Engineering DLNR,Slate A roved Date Date Date District pp 01/2312022 02/28/2022 03/0112022 Comments: Refer to SHPD letter,dated 2-28-2022 staling"no historic properties affected". Item Review Name Department Assigned User Status Assigned Due Completed ENG_PRMT-LUPO-EAST Planning Land Use Plan Okamoto,Bonnie Approved Date Date Date Checker pp 03101/2022 03/1612022 03102/2022 Comments: Approved for compliance to H.C.C.Chapters 23&25 and HRS Chapters 205 and 205A. Recommendation Approved for compliance to H.C.C.Chapters 23&25 and HRS Chapters 205 and 205A. Create Date 03102l2022 PL-PLA-202 1-00 00065 approved November 23,2021 03/02/2022 March 18,2022 HAWAVI COUNTY IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER Page 1 of 2 Exhibit D PERMIT ' • (PW.ENG2022-OD018) Item Review Name Department Assigned User Status Assigned Due Completed Date Date Date Department of Public Works(DPW) Public Works:EngineeringHarada,Bryce Approved 03/02/2022 02128/2022 03/0312022 -Engineering Item Review Name Department Assigned User Status Assigned Due Completed Date Date Date ENG_PRMT-OUT PROCESS Public Works:Engineering Domian,Jesse Approved 03/03/2022 03/0312022 03/0312022 Workflow Step 1 Action Name Action Type Start Date End Date Preliminary Review v.1 01128/2022 0:00 03/03/2022 15:08 Confirm.Application Complete v.1 Generic Action D112812022 12:01 Engineering Review v 1 Receive Submittal 01/2812022 0:00 03/03/2022 15:011 Issue Permit v.1 03/18/2022 0:00 Issue Permit(Collect Fees first if payment rat made online)v.1 Generic Action 03/18/2022 8:00 Create Report Glas+:C':rrai" �.I l;r;, ni,tl Permit Activity March 18,2022 HAWAI'I COUNTY IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER Page 2 of 2 cuss w'o�rt+'aa�o=ad 4Z0 Hbv1 cb�r s: W96IH'RV,VD-08 NVWdIHS KM �ll'5�13[NI��Na?jj, �F� iMr]dNVAdHSoil tJ[l �� qq a a3ivM v3AVIVAI R q R �riN11Mi0!lIIL'9RY,d w Ik ' o • • IMHS 37LLL � maw scmuae O y U (if Z a w LU V z J d 3 U w `+! co J w EL 2 d g ., alai tiJ ti CL M a oi i cM 0 _ Z d Ut J i Exhibit E v n cl az r s� f�l cl Y �+ d nn Ep O p ti > 1 mn � `ll n0 C� z ' D _ W - j to dR a b s PROPOSED WATER BOTTLING FACILITY FOR: DRAWING INDEX,ISLAND MAP, n� n rW g VICr ITY MAP AND NOTES r m WAIAKEA WATER MrrtcM xoxx R — KEAAU.HAWAII 96749 acv �Rr�zazz a C ..- 'Z TMK:(3)1-6-I41:024&027 a - � v a -------------------- ° = RRI u II A I I I U -e� 9 o ESldf.•,2 e Ua r APO \ \ +� - � -- ------- - - - - \\ -� ----------- N" _L______ _ _________ ___A+ a \ �\ \ � 24' \i \ 2 m z t 71 sN # p ax o CAAa 01 R PROPOSED WATER BOTTLMG FACrr,rTv FOR: SITE PLAN WAIAKEA WATER S Z WE MARCH 2O22 PLI - m� KEAAV,HAWAI796749 �'-[\Aam�.zo22 REV I aZ TMK:(7)1-6-141:024&D27 xv Q eC+////� - -0 SidneyFuke, Planning Consultant P.O.Box 1345 •Hilo,Hawaii 95720 •Planning•variance•Zoning Cell:(808)989-0640 •Subdivision•Land Use Permits E-mail:sidneyfuke@gmail.com •Environmental Reports January 2, 2023 Mr. Zendo Kern,Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street Hilo,Hawaii 96720 ATTN: Mr. Christian Kay Dear Mr.Kern: Subject: Time Extension Request- Special Permit No.842 Applicant—Ke'Aloha Lani,LLC(formerly HawaY i Brewery Development,Inc.) Kea'au Puna Hawai'i TMK: 1-6-141: 024 027 028 This is in response to your request for additional information as outlined in your email; dated December 21, 2022. In that regard,please note the following: 1. Regarding land ownership,I apologize and stand corrected. Contrary to the representation made in the submittal,Ke'Aloha Lani,LLC(KAL) owns two(2)and not all three(3)of the parcels covered by Special Permit No. 842. KAL owns properties identified by TMK: 1-6-141: 024 and 027, whereas Parcel 028 is owned by Bender Consulting,Ltd. (BC). Hawaii Brewery Development Co.,Inc. (HBDC)recently conveyed its interest to BC, Please note that the principal of HBDC and BC are one and the same. Given the above,please find an updated letter of authorization from BC. 2. We are in the process of updating the site plan showing all three(3)parcels and the location of planned bottling facility. It will be submitted/uploaded into EPIC upon its completion. For your information,the bottling facility is scheduled to be constructed on parcel 024. 3. As noted in the request, KAL is intent on constructing the water bottling facility on parcel 024 in 2023 and operational in early 2024. KAL has no specific timetable to develop parcel 027. Considerable financial investments leading up to the acquisition and imminent construction of the bottling facility on parcel 024 have been made. While KAL's ultimate goal is to independently or in partnership with another operator to construct another beverage facility on parcel 027,which quite possibly could be either brewery or distillery. In the event a distillery or brewery is considered,it would definitely have a visitor center component. However, at this time,KAL needs to take a cautious approach and does not want to make representations that it cann or may not be Planning Dept. Exhibit 1 Mr. Zendo Kern,Director January 2,2023 Page 2 able to fulfill. As such,an assessment will be made after the bottling facility becomes operational. As for parcel 028, Mr. Bender informed me that he is still looking at options which include a brewery,water bottling facility,or even a use consistent with the site's FA-2a zoning. Mr. Bender has extensive experience in the water bottling and beverage area, having developed the Hawaiian Springs Water bottling facility and a variety of distilled spirits, such as the Kai Vodka. Yet,he is fully aware of the vagaries of the market,which could affect the financial feasibility of a project. In either event,both parties are cognizant of Condition 4 of the Special Permit which requires an amendment to the Special Permit before a use consistent with the FA-2a zoning can be considered. Thus,neither of the landowners can represent at this time that,except from a desire and hope,there are firm plans to develop the remaining two lots. If having this commitment at this time is relevant and knowing that it cannot be made at this time,perhaps you could consider shortening the tirneframe tied in with the submittal of an annual report that speaks to progress being made. 4. Finally, relative to your request for a"condition compliance report", one will be prepared and provided under separate cover. In sum,the visitor center component is a desired option for either one of the two lots, in the event it gets developed into a distillery or brewery and not so for a water bottling facility. Thus,retention of this component,at this time,is important. We trust that, subject to the receipt of the condition compliance report and the updated site plan,you will be able to begin the processing of this request. Thank you very much! incerel�V/ A SIDNEY M.FUKE Planning Consultant Enclosure Copy—Mr. Ryan Emmons,Ke'Aloha Lani, LLC w/enclosure via email Mr.Marcus Bender, Bender Consulting Ltd. w/enclosure via email TO Wl f{-)Kf FT M A Y CON Cl R d I 14C,"I(ml Is,I tj,` p I-,� ,� Im. T\lK: ]-(,-141- 1128. DC -,'.hd Od' 0•, '!I"C7, AC k WK. 'ICHO 'A, FLike.to amend ,'f Sj*ecl'al Pow!'[ ',w- N42 by providing,additional tulle to Lllld,:'�1wIlVd IN[it,: lLl'A--Tl/kj 1-'- of H(" 1 3 F-1,7N F)ER i Date B-ei,der CLni.wlfinL,-Ltd. N0F N AFFOW �I �sHNurR�ro�Re -- --- �erneNrowNorerune re �sHNu61-10— A[,o�� o.,[OH A'[ANI.[[c TMI 6-141 024 ,-H EXI511NG COW71110N 511E PLAN ---------------- N-6 Hnw wood rope m-6-n11N6r-Irvwore-1,6 •�,•� N-6 oorn116 rrnit LLHero ^�•-^^—^ in.00�i rrvexrvse�oux -.6neHmov,,-one aw,ve�..zarowrore�rnerex GKAFHIC 5CAI,E JANuAxv 6-n000�i rzarexrvseroxe 50' 40'20'0' 40' 50' 2023 —w_10 CONCEPIDAL PI AM N07 PGK CON51K11CiHom 115E J SidneyFuke, Planning Consultant P.O.Box 1345 •Hilo,Hawaii 96720 •Planning•Variance•Zoning Cell:(808)989-0640 •Subdivision•Land Use Permits E-mail:sidneyfuke@gmail.00m •Environmental Reports January 2,2023 Mr. Zendo Kern,Director Planning Department COUNTY OF HAWAFI 101 Pauahi Street Hilo,Hawai'i 96720 ATTN. Mr. Christian Kay Dear Mr. Kem: Subject: Time Extension Request- Special Permit No. 842 Applicant—Ke'Aloha Lani,LLC (formerly Hawai'i Brewery Development,Inc.) Kca`au,Puna,Hawai'i,TMK: 1-6-141: 024,027,028 This is in response to your request for report relating to the project's compliance with pertinent conditions of the Special Permit as outlined in the Windward Planning Commission's letter of February 16, 2018. In that regard,please note the following: 1. The applicant, successors, or assigns shall be responsible for complying with all of the stated conditions of approval. This is an on-going condition and have and will be complied with by the appropriate parties. Prior to the acquisition of two parcels (TMK: 1-6-141: 024 and 027) by Ke'Aloha Lani,LLC (KAL), the responsible party was Hawaii Brewery Development Company,Inc. (HBDC). The interest of Parcel 028 was conveyed to Bender Consulting, Ltd. (BC). Moving forward, HBDC and BC will comply with conditions pertinent to their properties. 2. The applicant, its successors or assigns shall indemnify and hold the County of Hawaii and owners of Slaughterhouse Road(TMK: 1-6-141: 22) harmless from and against any loss, liability, claim or demand for the property damage,personal injury and death arising out of any act or omission of the applicant, its successors or assigns, officers, employees, contractors and agents under this permit or relating to or connected with the granting of this permit. The applicant and current landowners are aware of this condition. To date,there have been no claims made, and the parties intend to keep it that way. Mr.Zendo Kern, Director January 2,2023 Page 2 3. Final Plan Approval of the brewery, distillery and soft drink bottling facil ity shall be secured from the Planning Department.... Final Plan Approval for the proposed bottling facility on Parcel 024 was granted in a letter, dated November 23, 2021. A copy of that approval is found in the initial submittal. 4. Construction of the proposed brewery, distillery, or bottling facility and related improvements on one of the lots covered by TMK. 1-6-141: 24, 27& 28 shall be completed, and a certificate of occupancy issued before October 18, 2023. Further construction of the remaining two lots shall be completed, and certificate of occupancy issued before October 18, 2028. Prior to establishing a use permitted under the existing FA-2a zoning, an amendment to delete the affected lot or portion thereoffrom the Special Permit shall be filed with the Planning Department. A recorded instrument informing all three lot owners of this conditional use requirement shall be filed with the Planning Department prior to the conveyance of any of those lots. As noted above,Final Plan Approval was secured, and the applicant is finalizing its plans for building permit submission. Given permitting review and construction schedule,it is very unlikely that construction will be completed before October 18,2023. As such,the applicant is requesting a time extension. Similarly,it is requesting that completion of the balance of the properties be pushed back accordingly or at least five years from issuance of occupancy of the first project. It was an oversight on the former owner(HSCD) in not having this disclosure filed prior to its conveyance. It will be done retroactively, with a recorded copy provided your office. S. Access to the subject property shall meet with the approval of the Department of Public Works. The applicant shall provide pavement improvements within the entire length of the roadway stub (Easement 409& 412) in a manner meeting with the approval of the Department of Public Works,prior to the issuance of a certificate of occupancy for the proposed development. The lots are currently being serviced by a 20-foot wide paved road. While no specific concurrence has neither been reached nor sought at this time from the Department of Public Works(DPW),its requirements will be adhered to prior to issuance of the occupancy permit. The applicant believes that the existing 20-foot wide paved road should be sufficient. Please note further that this access also serves the industrially zoned property to the north(Ord.No. 22 106). That property has a condition that requires the road to be improved with a 20-foot wide paved road and 8-foot wide graveled shoulders on both sides and compliance with the subdivision code in the event the land is subdivided. Mr. Zendo Kern, Director January 2,2023 Page 3 b. The visitor destination center operations shall be limited to hours from 7-00 a.m. to 6.30 p.m. daily. One of the three properties are being developed for a water bottling facility. While neither of the two other landowners have specific plans to develop and/or operate a brewery/distillery that would generate a need for a visitor component,they would like to reserve that option. As such, should that occur,this condition will be adhered to. 7. The visitor destination center shall be limited to demonstrations of beer manufacturing, beer sampling and the retail sale of related memorabilia. Seating capacity of the center shall not exceed 250 people. It is hoped that should the visitor center materialize,this condition can be liberally interpreted to include distilled products as well. In either event,as noted above, should it materialize, it will be complied with. S. The Planning Department shall reassess the visitor destination center operations for continued conformance against the original intent and purpose for granting the Special Permit three (3)years from the date of issuance of a certificate of occupancy for the visitor destination center... This condition has not been triggered, inasmuch as such a center has not been developed. If the center is developed,however, the respective landowners are aware of this condition. 9. The applicant shall comply with applicable laws, rules and regulations of the affected agencies, including those of the Department of Health and the Department of Liquor Control. Should an alcoholic beverage facility with a visitor center be developed,the requirements of the named and other applicable regulatory agencies will be complied with. 10. Upon compliance with all conditions of approval, in conjunction with the application for a certificate of occupancy and prior to the opening of the brewery, the applicant submit a final status report, in writing, to the Planning Department. While this condition has not been triggered, it effectively addresses the pertinent conditions of approval. Mr. Zendo Kern, Director January 2,2023 Page 4 Should you have questions relating to this report,please feel free to contact me. Thank you very much! Sincerely, ,, �rr W v� SIDNEY M. FUKE Planning Consultant Copy—Mr. Ryan Emmons, Ke'Aloha Lani,LLC via email Mr. Marcus Bender,Bender Consulting,Ltd.via email x� 1R =Aq DEPARTMENT DP WATER SUPPLY COUNTY OF HAWAI`I ��` `-•�c. 345 KEKDANAUA STREET, SUITE 20 • HILO, HAWAI`I 96720 TELEPHONE (808)961-8050 - FAX(808)961-8657 March 16, 2023 00H PLP-AMINE D!�:-1'T TO: Mr. lendo Kern, Director BAR 20 2023 P�,2' 9- Planning Department FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Special Permit Amendment Application (PL-SPP-2022-000031) Special Permit No. 842 (Docket No. SPP-93-000003) Applicant—KeAloha Lani, LLC (formerly Hawaii Brewery Development Co., Inc.) Request--Amendment to Conditions No. 4 of Special Permit No. 842 for a 5-Year Time Extension to Construct and Occupy on One Lot, and a 10-Year Time Extension to Construct and Occupy the Remaining Lots Tax Map Keys 1-6-141:024, 027 and 028 We have reviewed the amendments to the subject application and have the following comments and conditions. The Department has no objection to the proposed applications' request, subject to the following conditions: I. The Department understands that the potable water needs for the project will be provided by an onsite potable water well. Therefore, the Department requests estimated maximum daily water usage calculations for the overall project. prepared by a professional engineer licensed in the State of Ilawai`i, showing the anticipated use of water from the Department's water system. It. shall be noted that the two sources of water shal I not be interconnected in any way. Upon receipt and approval of the water usage calculations, the Department will determine if the existing water allocations are adequate to support the proposed demand. If the proposed demand exceeds the existing allocations, the Department will determine if additional water can be made available, the meter size and applicable facilities charge. 2. Should a larger meter be required, a reduced pressure type backflow prevention assembly must be installed within five(5) feet of the meter on private property and must be inspected by the Department before water service can be activated. . . . Water, Our 94ost (Precious WSsource. . . Xa Wai,4 one. . . Planning Dept. The Department of Water supply is an Equal Opportunity provider and employer. Exhibit 2 Mr. Zendo Kern. Director Page 2 March 16. 2023 3. The Department's Water System Standards require that a minimum flow of 2,000 gallons per minute for a 2-hour duration, and pipeline velocity less than 10 feet per second, be available at the site for fire protection for industrial land uses. The existing 4-inch waterline fronting the property is inadequate and the nearest fire hydrant is more than the required 150 feet. We recommend that the applicant consult the Fire Department for any fire protection requirements or alternatives. 4. Subject to other agencies' requirements to construct improvements �,vithin the road right-of=wav fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities. should then be necessary. Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at(808) 461-8070. extension 255. Sincerely yours, Keith K. Okamoto, P.E. Manager-Chief Engineer TS:dfg copy -- KeAloha Lani, LLC DWS Customer Service Section (Hilo) J��VOi N� Mitchell D.Roth '�t� b Ramzi I.Mansour ;. Director Mayor Brenda Iokepa-Moses Lee Lord �►.;;;.o�.N�p� Managing Director Deputy Director County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a Street,Suite 41 •Hilo,Hawaii 96720•cohdem@hawaiicounty.gov Ph: (808)961-8083 •Fax: (808)961-8086 MEMORANDUM TO: Zendo Kern, Director Planning Department FROM: Ramzi I. Mansour, DirectorE. .�.t Department of Environmental Management DATE: March 10, 2023 SUBJECT: Special Permit Amendment Application(PL-SPP-2022-000031) Special Permit No. 842 (Docket No. SPP-93-000003) Applicant: Ke`Aloha Lani, LLC (formerly Hawaii Brewery Development Co., Inc.) Request: Amendment to Condition No. 4 of Special Permit No. 842 for a 5-Year Time Extension to Construct and Occupy on One Lot, and a 10-Year Time Extension to Construct and Occupy the Remaining Lots Tax Map Keys: (3) 1-6-141:024, 027, and 028, Puna, Hawaii The Solid Waste Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Solid Waste Division for details): • Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. • Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. • Ample and equal room should be provided for rubbish and recycling. • Green waste may be transported to the green waste sites located at the West Hawaii Organics Facility and East Hawaii Organics Facility, or other suitable diversion programs. • Construction and demolition waste is prohibited at all County Transfer Stations. The Wastewater Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Wastewater Division for details): • No County sewer system in area at this time. Applicant shall follow Hawaii Department of Health, and all other applicable federal, state, and county regulations. Planning Dept. County of Hawaii is an Equal Opportunity Provider and Employer Exhibit 3 HAWAII FIRE DEPARTMENT . COUNTY OF HAWAII . HILO, HAWAII 96720 DATE February 21, 2023 Memorandum TO CHRISTIAN KAY, COUNTY OF HAWAII, PLANNING DEPT. FROM CAPTAIN CLINTON BAYBAYAN, FIRE PREVENTION BRANCH SUBJECT: KE ALOHA LANI LLC, SPECIAL PERMIT AMENDMENT (PL-SPP- 2022-000031),AMENDMENT FOR TIME EXTENSION In regards to the above mentioned project, Fire Department Access and Water Supply shall comply with Chapter 18 of the 2018 Hawaii State Fire Code and Chapter 26 of the Hawaii County Code. For any questions please email Clinton.Baybqyankhawaiicoun ov or call 808- 323-4761. Respectfully Submitted, gff�- Clinton Baybayan Fire Prevention Captain Fire Prevention Branch Hawaii Fire Department Planning Dept,. Exhibit 4 JOSH GREEN,M.D. f„ KENNETH S. FINK,M.D, MGA,MPH GOVERNOR OF HAWAII �p Beo ss 9 y` DIRECTOR OF HEALTH KE KIA'AINA O KA MOKU'AINA O HAWAI'I y� KA LUNA HO'OKELE `e 01 "r STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: February 17, 2023 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Special Permit Amendment Application (PL-SPP-2022-000031) Special Permit No. 842 (Docket No. SPP-93-000003) Applicant: Ke'Aloha Lani, LLC (formerly Hawaii Brewery Development Co. Inc.) Request: Amendment to Condition No. 4 of Special Permit No. 842 for a 5-Year Time Extension to Construct and Occupy on One Lot, And a 10-Year Time Extension to Construct and Occupy the Remaining Lots TMK: 1-6-141:024, 027, and 028, Puna, Hawaii In most cases, the District Health Office will no longer provide individual comments to agencies or project owners to expedite the land use review and process. Agencies, project owners, and their agents should apply Department of Health "Standard Comments"regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: https:Hhealth.hawaii.gov/epo/landuse/. Contact information for each Branch/Office is available on that website. Note: Agencies and project owners are responsible for adhering to all applicable standard comments and obtaining proper and necessary permits before the commencement of any work. General summary comments have been included for your convenience. However, these comments are not all-inclusive and do not substitute for review of and compliance with all applicable standard comments for the various DOH individual programs. Planning Dept. Exhibit 5 Zendo Kern February 21, 2023 Page 2 of 4 Clean Air Branch 1. All project activities shall comply with the Hawaii Administrative Rules (HAR), Chapters 11-59 and 11-60.1. 2. Control of Fugitive Dust: You must reasonably control the generation of all airborne, visible fugitive dust and comply with the fugitive dust provisions of HAR §11-60.1-33. Note that activities that occur near existing residences, businesses, public areas, and major thoroughfares exacerbate potential dust concerns. It is recommended that a dust control management plan be developed which identifies and mitigates all activities that may generate airborne and visible fugitive dust and that buffer zones be established wherever possible. 3. Standard comments for the Clean Air Branch are at: https://health.hawaii..gov/epo/landuse/ Clean Water Branch 1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55. 1. The following Clean Water Branch website contains information for agencies and/or project owners who are seeking comments regarding environmental compliance for their projects with HAR, Chapters 11-53, 11-54, and 11-55: hops://health.hawaii.gov/cwb/clean-water-branch-home- pa e/g cwb- standard-comments/. Hazard Evaluation& Emergency Response Office 1. A Phase I Environmental Site Assessment(ESA) and Phase II Site Investigation should be conducted for projects wherever current or former activities on site may have resulted in releases of hazardous substances, including oil or chemicals. Areas of concern include current and former industrial areas, harbors, airports, and formerly and currently zoned agricultural lands used for growing sugar, pineapple or other agricultural products. 2. Standard comments for the Hazard Evaluation& Emergency Response Office are at: https:Hhealth.hawaii.gov/epo/landuse/. Indoor and Radiological Health Branch 1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11- 502, 11-503, and 11-504. 2. Construction/Demolition Involving Asbestos: If the proposed project includes renovation/demolition activities that may involve asbestos, the applicant should contact the Asbestos and Lead Section of the Branch at https://health.hawaii.gov/irhb/asbestos/. Safe Drinking Water Branch 1. Agencies and/or project owners are responsible for ensuring environmental Zendo Kern February 21, 2023 Page 3 of 4 compliance for their projects in the areas of 1) Public Water Systems; 2) Underground Injection Control; and 3) Groundwater and Source Water Protection in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11- 25. They may be responsible for fulfilling additional requirements related to the Safe Drinking Water program: https://health.hawaii.gov/sdwb/. 2. Standard comments for the Safe Drinking Water Branch can be found at: https://health.hawaii.gov/epo/landuse/. Solid & Hazardous Waste Branch 1. Hazardous Waste Program - The state regulations for hazardous waste and used oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the identification, handling, transportation, storage, and disposal of regulated hazardous waste and used oil. 2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters 339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282. Generators and handlers of solid waste shall ensure proper recycling or disposal at DOH-permitted solid waste management facilities. If possible, waste prevention, reuse, and recycling are preferred options over disposal. The Office of Solid Waste Management also oversees the electronic device recycling and recovery law, the glass advanced disposal fee program, and the deposit beverage container program. 3. Underground Storage Tank Program—The state regulations for underground storage tanks are in HAR Chapter 11-280.1. These rules apply to the design, operation, closure, and release response requirements for underground storage tank systems, including unknown underground tanks identified during construction. 4. Standard comments for the Solid&Hazardous Waste Branch can be found at: https://health.hawaii.gov/epo/landuse/. Wastewater Branch For comments,please email the Wastewater Branch at doh.wwbgdoh.hawaii.gov. Sanitation /Local DOH Comments: 1. Noise may be generated during demolition and/or construction. The applicable maximum permissible sound levels, as stated in Title 11, HAR, Chapter 11-46, "Community Noise Control," shall not be exceeded unless a noise permit is obtained from the Department of Health. 2. According to HAR §11-26-35, No person, firm, or corporation shall demolish or clear any structure, place, or vacant lot without first ascertaining the presence or absence of rodents that may endanger public health by dispersal from such premises. Should any such inspection reveal the presence of rodents, the rodents Zendo Kern February 21, 2023 Page 4 of 4 shall be eradicated before demolishing or clearing the structure, site, or vacant lot. A demolition or land clearing permit is required prior to demolition or clearing. Other 1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit recommends that state and county planning departments, developers, planners, engineers, and other interested parties apply these principles when planning or reviewing new developments or redevelopment projects. 2. If new information is found or changes are made to your submittal, DOH reserves the right to implement appropriate environmental health restrictions as required. Should there be any questions on this matter,please contact the Department of Health, Hawaii District Health Office, at(808) 933-0917. SidneyFuke, Planning Consultant P.O.Box •Hilo,HBwal'I 96720 •Planning•variance•Zoning Cell:(808)98 989-0640 •Subdivision•Land Use Permits E-mail:sidneyfuke@gmail.eom •Environmental Reports March 2,2023 Mr.Zendo Kern, Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street Hilo,Hawaii 96720 Dear Mr. Kern: Subject: Special Permit No. 842 (PL-SPP-2022-000031) Applicant—Ke`Aloha Lani,LLC Kea"au Puna Hawai'i TMK: 1-6-141: 024 027 028 This is in response to agency comments received via EPIC to date regarding the subject application. We note that both the County Real Property Tax Division and State Office of Planning and Sustainable Development had no comments to offer. The Police Department noted that it did "not anticipate any significant impact to traffic and/or public safety concerns. " Relative to the Fire Department's comments,the requirements relative to its Access and Water Supply requirements will be complied with in conjunction with the building permit process. The Fire Department is part of the reviewing and approving agency for all building permits. We look forward to reviewing and responding to other agency comments as they are uploaded. In the meantime,please feel free to contact me if there are questions on this matter. Thank you very much! cerely, SIDNEY M. FUKE Planning Consultant cc Mr. Ryan Emmons,Kel'Aloha Lan', LLC via email Mr. Marcus Bender, Hawaii Brewery Development, Inc. via email Planning Dept. Exhibit 6 SidneyFuke, Planning Consultant P.O.Box 1345 •Hilo,Hawaii 96720 •Planning-Variance•Zoning Cell:(808)989-0640 •Subdivision•Land Use Permits E-mail:sidneyfuke@gmail.com •Environmental Reports March 20, 2023 Mr. Zendo Kern, Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street Hilo, Hawaii 96720 Dear Mr. Kern: Subject: Special Permit No. 842 (PL-SPP-2022-000031) Applicant—Ke'Aloha Lani, LLC Kea'au, Puna,Hawai'i, TMK: 1-6-141: 024, 027, 028 This is in response to additional agency comments received via EPIC to date regarding the subject application. The State Department of Health(DOH)provided its "standard" and not individualized comments "to expedite the land use review and process." The general comments required compliance with applicable DOH requirements. In that regard, the wastewater for the bottling plant will be a septic system designed to the specifications of the DOH. Understandably, the project being a bottling plant, will also strictly adhere to the safe drinking water requirements. During the construction phase, the appropriate noise and dust mitigation measures will be taken. Relative to the comments of the Solid Waste Division of the County Department of Environmental Management (DEM), any waste generated will be disposed at the County landfill and not at transfer stations. Further, the applicant will continue with its waste reduction effort through the encouragement and use of recycled material. Wastewater for the bottling facility will be via the use of a DOH-approved septic system. We look forward to reviewing and responding to other agency comments as they are uploaded. In the meantime, please feel free to contact me if there are questions on this matter. Thank you very much! incerely, �A Aj SIDNEY M. FUKE Planning Consultant cc Mr. Ryan Emmons, Ke l'Aloha Lani, LLC via email Planning Dept. Mr. Marcus Bender, Hawaii Brewery Development, Inc. via email Exhibit 7 SidneyFuke, Planning Consultant P.O.Box 1345 -Hilo,Hawai'i 96720 •Planning•variance•Zoning Cell:(808)989-0640 •Subdivision•Land Use Permits E-mail:sidneyfuke@gmail.com •Environmenial Reports March 27, 2023 Mr. Zendo Kern, Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street Hilo,Hawaii 96720 Dear Mr.Kern: Subject: Special Permit No. 842 (PL-SPP-2022-000031) Applicant—Ke'Aloha Lani,LLC Kea'au Puna Hawai'i TMK: 1-6-141: 024 027 028 This is in response to the comments from the Department of Water Supply(DWS) regarding the subject application. It should be noted that during the building permit process,the applicant will submit to the DWS an estimated water use calculation report prepared by a State of Hawaii licensed engineer. The report will confirm the sources of water for the bottling and non-bottling activities. Any additional improvements (such as meter size,backflow prevented, relocation of any existing water line,and the life)required of the DWS system will then be provided, if necessary, by the applicant. Please note that the existing well situated on parcel 027 will be used initially for the bottling and related activities on both parcels 027 and 024. The applicant was issued a well permit for parcel 024,but that permit has since expired. As such, the applicant intends to submit an application to-renew or a new well permit in the very near future. If successful,both wells will be used to support the existing and planned activities on both parcels. We look forward to reviewing and responding to other agency comments as they are uploaded. In the meantime,please feel free to contact me if there are questions on this matter. Thank you very much! Sincerely, SIDNE M. 1~UKE Planning Consultant cc Mr. Ryan Emmons, Ke 1`Aloha Lani, LLC via email Mr. Marcus Bender,Hawaii Brewery Development,Inc. via email Planning Dept. Exhibit 8