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HomeMy WebLinkAboutPD Background Report New Hope-Waikoloa (PL-SPP-2023-042) BNewHopeWaikoloaSPP.7.24.2023 COUNTY OF HAWAI�I PLANNING DEPARTMENT BACKGROUND REPORT NEW HOPE WAIKOLOA SPECIAL PERMIT APPLICATION NO. PL-SPP-2023-000042 NEW HOPE WAIKOLOA is requesting a Special Permit to allow the construction of a church and related uses on a 5.012-acre portion of an approximately 2,153-acre parcel of land situated in the State Land Use Agricultural District. The subject property is located on the north side of Waikoloa Road, approximately 0.35 miles east(mauka) of its intersection with Paniolo Avenue, portion of Waikoloa, South Kohala, Hawaii, TMK (3) 6-8-002:017 (por.). APPLICANT'S REQUEST 1. Request: The applicant is requesting a Special Permit to construct and establish a church and related uses on a 5.012-acre portion of a larger 2,153-acre parcel of land situated in the State Land Use Agricultural District. The proposed single-story, approximately 7,000-square foot building will accommodate a 2,100-square foot sanctuary and three classrooms ranging in size from 382 to 833 square feet. The remainder of the building will be used for offices, a media room, restrooms, storage, and a nursing room. In addition to regular church services, the applicant proposes to use the church facility for occasional weddings, memorials, and other gatherings. An outdoor play area will be located adjacent to the structure and landscaping will provide a buffer between the church facility and Waikoloa Road. 2. Reasons for Request: The applicant currently maintains an office and conducts services in a space at the Waikoloa Highlands Shopping Center, held on Sunday mornings from 9:30 am to 12:00 noon. According to the application, an increase in membership has necessitated planning for a larger facility. The applicant is in the process of purchasing the subject property, selected for its proximity to Waikoloa Village, where most members reside, as well as its accessibility for members from Waimea. 3. Hours of Operation/Staffing: According to the application, Sunday services will begin at 9:30 am and end around 12:00 noon, during which time the applicant estimates congregation size will eventually reach 200 people. During weekdays, the church will host youth night, Bible study and prayer gatherings, typically held from 7:00 pm to 9:00 pm, with up to 40 attendees. Youth nights are currently held on Friday evening from 7:00 pm to 10:00 pm, with an average of 20 youth attendees, though that number is expected to increase to 40 attendees with the new facility. 4. Development Timeline and Cost: The applicant will initiate the construction permitting process within one year of approval of the Special Permit with the hope of obtaining a certificate of occupancy by 2027, and with an estimated cost of approximately $3 million. 5. Landowner: Babcock Land Corp, Murray Fountain LLC and Eagle Development Company. 6. Supportive Information: The applicant has submitted the attached in support of the request: (Planning Department Exhibit 1 —Special Permit Application dated April 30, 2023 and additional information dated May 18,2023). DESCRIPTION OF STATE & COUNTY PLANS 7. State Land Use District: Agricultural. 8. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Extensive Agriculture. 9. County Zoning: Agricultural-5 acres (A-5a). 10. Community Development Plan (CDP): The South Kohala CDP, adopted on November 20, 2008, by Ordinance No. 08-159, designates the subject property as within an area to maintain existing agricultural zoning. 11. Special Management Area (SMA): The permit area is located approximately 5 miles from the nearest coastline; thus, it is not located within the SMA. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 12. Subject Property: The subject, 2,153-acre property is located east(mauka) of Waikoloa Village, on the north side of Waikoloa Road. The 5-acre, rectangular shaped permit area is vacant of any structures and the applicant reports it is used intermittently for pastoral purposes. The land gradually slopes upward from west to east with a 10% average grade difference, ranging in elevation from 1,000 feet to 1,030 feet above sea level. 13. Surrounding Zoning and Land Uses: Adjacent lands to the west are zoned Agricultural-5 acres (A-5a) and Village Commercial-20 acres (CV-20), adjacent land to the north is zoned Open, and a large parcel directly across Waikoloa Road is zoned 2 Residential Agricultural-1 acre (RA-la). Most surrounding parcels consist primarily of vacant land, or are used for pasture lands, with the existing Waikoloa Stables located approximately 1,000 feet to the west of the proposed permit area. 14. USDA Soil Survey Report: Soils in this area are classified as Hapuna-Waikui-Lalamilo complex, 0 to 20 percent slopes. 15. Flood Insurance Rate Map (FIRM): Zone"X," an area determined to be outside the 500-year floodplain. 16. Land Study Bureau's Overall Productivity Rating: "E" or Very Poor. 17. Agricultural Lands of Importance to the State of Hawaii (ALISH): Most of the parcel and entirety of the permit area are undesignated by the ALISH. 18. Flora and Fauna Resources: No professional floral or faunal survey was conducted for the permit area, however given the findings of the Environmental Impact Statement(EIS) conducted in 2007 for the Waikoloa Highlands project across Waikoloa Road, the applicant does not believe that rare or endangered faunal resources are likely to be found in the permit area. Likewise, the applicant points to the historical use of the subject property for cattle grazing in stating that impacts on floral resources will be minimal. Existing faunal resources on the property include bird species such as the Black Francolin, Sky Lark, African Silverbill, Spotted Dove, Japanese White-Eye, House Finch, and Common Myna, in addition to domestic cats and dogs, rats, mongoose, goats and feral pigs. Existing floral resources on the property consist of low grass with scattered Kiawe, Koa Haole and Ilima. None of the existing floral or faunal resources are listed as endangered or threatened. 19. Archaeological Resources: An Archeological Assessment was prepared for the permit area, dated April 2023, which reports that"No archeological sites or features were identified within the project area" and that"the absence of archeological sites within the parcel is likely attributable to the rugged and and conditions within the area." The report concludes that further archeological work is not recommended based on the survey results. Additionally, a request for comments was submitted to the SHPD by the Planning Department, however we have yet to receive a response at the date of this writing. 20. Valued Cultural Resources: According to the applicant, there are no known traditional 3 and customary Hawaiian rights exercised in the permit area. 21. Public Access: There is no known public access to the mountains or the shoreline that runs through the permit area. PUBLIC SERVICES AND FACILITIES 22. Access/Traffic: Access to the subject parcel and permit area will be provided by a single driveway from Waikoloa Road, a County-owned and maintained roadway consisting of a pavement width of 24 feet within a 120-foot-wide right-of-way. Waikoloa Road is a major mauka—makai road, connecting Mamalahoa Highway and the Queen Ka`ahumanu Highway. The applicant estimates that the proposed use will generate between 25 — 50 vehicle trips on Sunday mornings and that weekday activities will not exceed 20 vehicle trips, typically occurring during evening hours or outside of peak-hour traffic. According to the South Kohala Traffic Safety Committee (SKTSC), while the intersection of Waikoloa Road and Paniolo Avenue is scheduled for improvements by the County of Hawaii, no improvements are proposed "to increase the capacity of Waikoloa Road or add additional safety features that would improve access to parcels along Waikoloa Road, including but not limited to center turning lanes." Further, SKTSC notes that while the applicant points to limited vehicle traffic due to off-peak-hour activities, safety features to limit congestion and improve ingress/egress maneuvers should be considered. As such, SKTSC requested the submittal of a Traffic Impact Analysis Report(TIAR) as part of the Special Permit application. In response to SKTSC, the applicant states a TIAR is unnecessary since they are presently conducting services and related activities at Highland Shopping Center within Waikoloa Village, that relocating to the proposed location will mitigate traffic congestion in the area and that traffic generated by Sunday services will not conflict with weekday commute times. The Department of Public Works, Engineering Division (DPW)notes that all driveway connections and construction within Waikoloa Road shall conform to Chapter 22, County Streets, of the Hawaii County Code, and that access to Waikoloa Road, including the provision of adequate sight distances, shall meet with DPW approval. A request for comment was forwarded to the Department of Public Works, Traffic Division, however no response has been received as of the date of this writing. 4 23. Water: County water is not available to the subject property. According to the application,potable water will be provided by the State Public Utilities Commission- approved provider of water in the area, West Hawaii Water Company (WHWC). By letter dated January 26, 2023, Hawaii Water Service, Inc, (HWSI)noted that WHWC is one of its subsidiaries and estimates the projected demand for the project to be 1,210 gallons per day. HWSI further states that it is willing to provide water services to the proposed project. 24. Wastewater: According to the Department of Environmental Management, there is no county sewer system in the area and the applicant shall follow State Department of Health (DOH)regulations for wastewater. The applicant estimates that wastewater demand will be comparable to four residential units on Sundays, with weekday demand comparable to that of a single-family dwelling. The proposal includes plans to install a private, individual wastewater system(s), meeting with the approval of DOH. 25. Other Essential Utilities and Services: Electrical and telephone service are available to the site. Police and fire and medical services are located in Waimea. AGENCY/ASSOCIATION COMMENTS AND APPLICANT'S RESPONSES 26. Department of Public Works-Engineering Division: (Planning Department Exhibit 2—July 21, 2023 Memo) 27. State Department of Health: (Planning Department Exhibit 3 —June 26, 2023 Memo) 28. State Office of Planning and Sustainable Development: (Planning Department Exhibit 4—July 18,2023 Email) 29. Department of Environmental Management: (Planning Department Exhibit 5 — July 13,2023 Memo) 30. Fire Department: (Planning Department Exhibit 6—June 29,2023 Memo) 31. Police Department: (Planning Department Exhibit 7—June 29, 2023 Memo) 32. South Kohala Traffic Safety Committee: (Planning Department Exhibit 8 — July 21, 2023 Letter) 33. Waikoloa Village Association: (Planning Department Exhibit 9—July 21, 2023 Letter) 5 34. Department of Water Supply: (Planning Department Exhibit 10—July 24, 2023 Memo) 35. Applicant Response to Agency Comments: (Planning Department Exhibit 11 — July 31,2023 Letter) 36. Applicant Response to State Office of Planning and Sustainable Development and South Kohala Traffic Safety Committee: (Planning Department Exhibit 12 — July 31,2023 Letter) AGENCIES—NO RESPONSE 37. Department of Land and Natural Resources —Engineering &Land Divisions, Land Use Commission, Department of Agriculture PUBLIC COMMENTS AND APPLICANT'S RESPONSE 38. Bob Farrell: (Planning Department Exhibit 13—June 23, 2023 Email) 39. Kathy Awai: (Planning Department Exhibit 14—June 23, 2023 Email) 40. Nancy Martin: (Planning Department Exhibit 15—June 23, 2023 Email) 41. Pam Partain: (Planning Department Exhibit 16—June 23, 2023 Email) 42. Ruth Bernstone: (Planning Department Exhibit 17—June 23, 2023 Email) 43. Andre Hassid: (Planning Department Exhibit 18—June 24, 2023 Email) 44. Cliff Livermore: (Planning Department Exhibit 19—June 24, 2023 Email) 45. Mary Christa Smith: (Planning Department Exhibit 20—June 24,2023 Email) 46. Jennifer Tanaka: (Planning Department Exhibit 21 —June 25, 2023 Email) 47. Alathea Lai: (Planning Department Exhibit 22—June 26, 2023 Email) 48. Kris Lockard: (Planning Department Exhibit 23 —June 26, 2023 Email) 49. Larry Chang: (Planning Department Exhibit 24—June 26, 2023 Email) 50. Emily Wineman: (Planning Department Exhibit 25—June 27, 2023 Email) 51. Mark Gordon: (Planning Department Exhibit 26—July 17,2023 Email) 52. Applicant Response to Public Comments: (Planning Department Exhibit 27— July 24, 2023 Letter) 6 (Type or Print the requested information) APPLICANT New Hove—Wakdoa N:Senior Pastor Ricks Nagaoka ,I APPLICANT'S SIGNATURE: DATE: `t "34-- 2'3 ADDRESS: 68-1845 INaikoloa Road S 213 Wai Ioa Hawaii 96738 LIST APPLICANT'S INTEREST IF NOT OWNER: Lessee TELEPHONE: (Bus.) (Home)4 (Fax) REQUEST: Proposed Chapel and related faciRies TAX MAP KEY: (3?6-8-002:017 portion ZONING: A-5a AREA OF PROPERTY/AREA OF REQUESTED USE 2.153+acres/5.012 acres LANDOWNER: Babcock Land Cow Murrav Fountain LLC Eagle Development Company LANDOWNER'S SIGNATURE: DATF_ � i (May he by letter) LANDOWNER'S ADDRESS:c/o Babcock Land Corp. 212 N Wahsatch Ave. Ste 301 Colorado Springs, CO 90903 3476 AGENT: Sidnev Fuke Planning Consultant ADDRESS: P.O.Box 1345 Hilo,HI 96721 Planning Dept. Exhibit 1 SPECIAL PERMIT APPLICATION NEW HOPE —WAIKOLOA WAIKOLOA, HAWAI'I, TMK: (3) 6-8-002: POR 017 I. INTRODUCTION New Hope —Waikoloa ("applicant"), would like to construct its church and related facilities on a 5+ acre portion of a 2,153+ acre site located on the north side of Waikoloa Road, immediately mauka or east of the Waikoloa Stables. As the 5+ acre area ("subject site") is designated Agriculture by the State Land Use Commission, a Special Permit is required from the Leeward Planning Commission. This report is intended to supplement the Special Permit application requirements. II, PROJECT LOCATION The subject site, consisting of approximately 5 acres, is a portion of a 2,153+ acre site identified by TMK: 6-8-002: 017. The subject site is located generally mauka or east of Waikoloa Village. More specifically, it fronts the north side of Waikoloa Road and mauka of the Waikoloa Stables. (Figures 1 and 2). The site is presently vacant of any structures and used intermittently for pastoral purposes. The immediately adjacent properties are vacant. However, being proximate to and immediately mauka of Waikoloa Village, the land use entitlements in this general area, when developed, will reflect a mixture of low density residential and commercial uses. III. PROJECT DESCRIPTION A. Project Objective The applicant currently has its office and conducts its services at a space in the Waikoloa Highlands Shopping Center. The services are held on Sunday mornings from 9:30 to noon. Over time, its membership has grown, and the need to find a larger facility has become quite imminent. As such, the applicant is in the process of purchasing the subject site in anticipation of eventually relocating its office and activities to this site. The subject site was selected for a number of reasons. Most importantly, it is easily accessible for its members, many of whom live 1 TM : (3) 6-8-0a2 :017 ( Par. ) Project KA-054-042123 OUTH $ONAL,' ,'NORTN 1 I ` �} Map IdC�T(Qn Y' _•.�.f 4\ / _ I NORTM KONA i OUTH NILO w J NU UST n^ - —�" L141P P6p0E ST !^I 1 1 souiw( PUNA y NA X "Au NAN,Sr l XAT ot !l i I ff1 ;i _ Peoject Area 'uA 6 \ I y J l - t 0 3,280 'Feet 0 1,000 Meters_ d�- I - inai - Figure 1.Portion of Puu Hinai 2017 USGS 7.5'Quadrangle showing project location. Figure 1 KULAIWI ARCHAEOLOGY 2 TM K: (3j6-8-002:0171 Po r.j Project KA-054-042123 viJ1� 4.., -71 �V eAaa in .-�Mx-ro.. ,.•e, ,�.. a-e.,, CHANCE _ 8_•.^OZ rFCF,FFpFERrr ASSE55YEN.P0nFC5E..c 5u'J1E..7 70 CINCE FRIk4[p. figure 2_TMK(3)6-8-02 showing location of project area. KuLAIwi ARCHAFOLOGY 3 Figure 2 within Waikoloa Village. Further, not being within the center of the Village, the site also becomes readily accessible to members traveling from outside of the Village, like Waimea. Equally important, the basic infrastructure, particularly potable water, can be provided to the site. The applicant plans to conduct its primary services on Sundays, beginning at 9:30 am and ending at noon or so. During that time, it anticipates a congregation and/or participation size of eventually reaching 200 persons from its current average size of 100 persons. Further, during the course of a week, there will be youth night, Bible study, prayer gathering, and the like. Currently, prayer, Bible study, and other church-related gatherings consisting of ten or so members are held on certain nights during the week, beginning at 7:00 p.m. or earlier to 9:00 p.m. or so. It is anticipated that the count may go as high as 40 with the new facility. Youth nights, averaging 20 or so youths, are held on Friday evenings, generally up to 10:00 p.m. That number is also anticipated to rise to around 40 with the new facility. On occasions, the church and its facilities will be used for other service related activities such as weddings, memorials, and the like. B. Pro'ect Components Pursuant to the above objectives, the applicant proposes to construct a single-story building consisting of 7,000+/- square feet. As proposed, the structure would consist of a 2,100 +/-foot sanctuary with a sitting capacity of 165. There would also be 3 classrooms, ranging between 382 square feet to 833 square feet. The balance of the area would be for storage; office, restroom, media room, and a nursing room. (Figure 3) The structure would be setback more than 40 feet from Waikoloa Road and the other property lines. The height of the single-story structure would be less than 30 feet. (Figure 4) Tentatively, 94 parking stalls are proposed, of which 5 would be handicapped stalls. A landscaped buffer fronting Waikoloa Road is also being planned, as well as a play area adjacent to the structure. There would be only one access from Walkoloa Road. (Figure 4) 2 § % S ) � § & / $ / � ` w y bm \ \ § \ � .c \ � { � - � �| � 6 ) \ \ [ ( � . E--- - - ---- - - --- - -H- 4- a 3 \ 2 d + d LA .< e ,r z/} \§k F�gur@ 3 m � � � f U t`j � � b s _ � .�/i �i w � ell fA �:�ihri � _ � _, � ,.�` =.',tea �. �� • •, � {< _ �� .s "D" _� ... t a,,- ,. �, '- �� � d "� . . .,� .� e ,�> - - i. _. 1' a _. �< ��` � ?'iM1 it _ :� � ;af '� __ � a �: t �� ,. _ _ _ ,.�. �L4ry 1 j t � Y _.. - .. �� sue. ��' ! ..... v �� � . ._, _ _ - - F{ . ._ � . _ , _ .. �.n � _ � �>> �h . o . _� ' r _� � - � _ �� -- ,, _ -- -' _ .: .�, ::. - - - _ .. r e � _ � ,' � _ �,r��, �g � � �.: 1�' ' ,�, .: _ _ :... �d ;r a= a dy - �. °�" �'1 yyy��� F���r� 4. C. Timetable and Cost The applicant hopes to finalize its plans and begin construction of this approximately $3 million project as soon as possible. Hopefully, construction can begin early next year, with completion by the end of next year or early 2025. The estimated cost would include site preparation, access improvements, the wastewater system, and water system. The applicant notes that the project design and construction schedule may have to be adjusted to reflect additional permitting requirements, funding availability, and escalating construction cost. It should be noted, however, that the applicant is in immediate need of a larger facility. As such, if approved, while the necessary plans are being prepared and eventually permitted, the applicant may want to use the site with temporary structures and appropriate restroom facilities consistent with any permitting requirements. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The State Land Use designation of the subject property is Agriculture. As the requested area/use (5+ acres) is less than the 15-acre threshold for State Land Use Commission action, the County Leeward Planning Commission can act on the request. S. County General Plan The County General Plan Land Use Pattern Allocation Guide ("LUPAG") map designates the site Extensive Agriculture. The Extensive Agriculture designation refers to "Lands not classified as Important Agricultural Land. Includes lands that are not capable of producing sustained, high agricultural yields without the intensive application of modern farming methods and technologies due to certain physical constraints such as soil composition, slope, machine tillability and climate. Other less intensive agricultural uses such as grazing and pasture may be included in the Extensive Agricultural category." Land uses that are not specific to agricultural activities, such as the proposed church, can be allowed via the Special Permit process 3 without necessitating an amendment to the General Plan LUPAG map. Because of the absence of any agricultural activities surrounding the subject site, the continued use should not have any adverse impacts on the region's agricultural industry. Further, the site does not have any archaeological or cultural resources, as noted in an archaeological assessment, dated April 2023. (Exhibit A) The request would also be consistent with pertinent goals, policies, and standards of the General Plan: Land Use Element Goals Designate and allocate land use in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County Policies • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • Encourage urban development within existing zoned areas already served by basic infrastructure, or close to such areas, instead of scattered development. Land Use Element (Residential) Goals • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community 4 activities and convenient access to employment centers that takes natural beauty into consideration. • To enhance the overall quality of life in our residential communities. Land Use Element (Commercial) Goals • Provide for commercial developments that maximize convenience to its users. • Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. Policies • Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. • Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. • The development of commercial facilities should be designed to fit into the locale with minimum intrusion while providing the desired services. Appropriate infrastructure and design controls shall be incorporated into the review of such developments Discussion The project is located in an area where the basic infrastructure is or can reasonably be made available to the site. Its development will not result in having the government extend its services or infrastructure. The site is currently underutilized, relative to its agricultural zoning. It is presently vacant of any use. Its use would be generally consistent with the existing character of the surrounding quasi-agricultural and 5 residential uses. Like residential communities, the Church prefers a tranquil environment. At the same time, there would be some measure of economic benefit to the surrounding area, as the Church would have to purchase goods and supplies. Additionally, members and their guests will also frequent the local and other nearby communities. In sum, the site is located convenient to its users; the appropriate development standards (parking, setback, etc.) will be complied with; the site is free of any on-site topographic and other environmental constraints; and the basic infrastructure is or will be provided to the site by the applicant. Additionally, the proposed structure will be no higher than thirty (30) feet which would be less than the height requirement of thirty five (35) feet of a single-family residential dwelling and considerably less than the forty five (45) feet maximum height within the Agriculture zone. Thus, the structures should be visually compatible with the surrounding residential structures. Natural Resources Element Goals and Policies • Protect and preserve forest, water, natural, and scientific resources and open areas. • Ensure that alterations to existing landforms and vegetation, except crops, and construction of structures cause minimum adverse effect to water resources, and scenic and recreational amenities and minimum danger of floods, landslides, erosion, siltation, or failure in the event of earthquake. • The County of Hawaii should require users of natural resources to conduct their activities in a manner that avoids or minimizes adverse effects on the environment. Discussion The site does not have on-site developmental constraints, and the natural resource impact should not be significant. The area of the proposed facility is designated °X" on the FIRM map. Although not cleared yet for Unexploded Ordnances, consultation with the US Army Corps of Engineers will be made to assure appropriate safe and mitigation measures will be taken during the construction period. 6 For landscaping, the project will introduce low-water tolerant vegetation. Thus, this should minimize use of the area's water resources. There were no known archaeological or cultural features found on the site. Nonetheless, if there are inadvertent archaeological features found on the site, work will stop and the State DLNR and County Planning Department will be consulted before further activities occur within the affected area_ Dust control attenuation measures will be exercised during the construction phase of this project. When completed, the existing and additional landscaping should also help minimize dust pollution, as well as provide some visual relief of the improvements to this site. In summary, the overall project would be consistent with those goals and policies. It would not be removing any productive agricultural lands; it would be providing a service to the local communities, and it would not adversely affect surrounding properties and communities or any historical or cultural properties. C. South Kohala Community Development Plan Relative to the South Kohala Community Development Plan ("SKCDP"), Section 15.1 of the County General Plan called for the development and eventual County Council adoption of Community Development Plans ("CDP"). The General Plan states that the Community CDP "will translate the broad General Plan statements to specific actions as they apply to specific geographical areas." The General Plan also notes that should the CDP require a General Plan amendment, it could be considered concurrent with the adoption of the CDP. However, "if there is a direct conflict between the Community Development Plan and the General Plan, the General Plan shall be controlling." Pursuant to the above, the SKCDP was developed and adopted by the County Council during the latter part of the year 2008 as Ordinance No. 2008 159. Relative to the Waikoloa Village Conceptual Plan of the SKCDP, the subject site is identified as an area where the existing A-5a zone should be retained. Such a designation applies to essentially all of the lands on the north and south side of Waikoloa Road between the 7 Queen Ka'ahumanu Highway and Waikoloa Village, as well as those areas mauka of Waikoloa Village. The areas immediately surrounding the subject site are still zoned A- sa. However, properties across the street are zoned RA-1 a, and less than 500 feet towards the Village there are commercially zoned lands. Notwithstanding the conceptual plan's preference to retain this area for agriculture use, this area is in an area of transition and could represent the Village's mauka urban-related land use boundary. Hence, the proposed use should not compromise or undermine the basic concepts espoused in both the LUPAG map as well as the SKCDP's conceptual plan. The SKCDP also identified four (4) major policies for the Waikoloa Village area. As noted below, these policies have only marginal, if any, relationship or applicability to the requested use. Policy 1: Provide Infrastructure and Facilities For a Growing Community. There were seven (7) identified strategies, four (4) of which related to the planning, funding, and construction of a 1) community center and community park, 2) public schools, 3) community library, and 4) major commercial center for the Village. The remaining three (3) strategies related to improving the area's potable water system, wastewater treatment system, and provision of more emergency facilities. None of these strategies directly apply. However, indirectly, the church will support the spiritual needs of the community. As such, like a park, school, or library, it is an important social and cultural infrastructure for this and any community. In that regard, the proposed use would indirectly enhance and support rather than detract from implementing this policy and strategy. Policy 2: Environmental Stewardship, Sense of Place, and Open Space Two (2) strategies were identified, which do not, and if anything, only marginally apply. These were 1) providing support for alternative energy and environmental restoration 8 projects, and 2) preservation of Waikoloa's scenic views, landscapes, and pu'u. Policy 3: Provide Transportation and Circulation Improvements in a Timely Manner The six (6) identified strategies dealt with road planning and improvement programs (such as having a second access from the Village to the Queen Ka'ahumanu Highway and the like) hence not directly applicable to the proposed use. Policy 4: Encourage Affordable Housing and Smart Growth Of the five (5) identified strategies, only one (1) has some relevance. Strategy 5 suggests that `Ag-zoned lands west and south of Waikoloa Village that are designated as `Alternate Urban'Expansion lands in the County General Plan...shall remain in `A-5a'and `A-20a' zoning until already RS-10 zoned lands at Waikoloa Village have been substantially developed." While there was no statement regarding lands east and north of the Village, it is believed that the thrust of this strategy was to time development, particularly residential development, so as to avoid scattered developments even when the need is not there. In this case, the subject project is not a residential project, and the request is via a Special Permit with a limited life, unlike if the property were zoned. In that sense, the request would not compromise that objective. D. County Zoninq The County zoning of the requested area is Agriculture (A-5a). If the Special Permit request were approved, all related land use and development codes such as Plan Approval, building permit and the like would be complied with by the Applicant. In the process of developing the project, all land use and development codes such as drainage, parking, setback, height, landscaping, and the like would be complied with. In that regard, please note the following: 9 1. The height of the structure would be no more than 30 feet, whereas the maximum height limit for the site's A-5a zoning is 45 feet_ 2. The required parking would be provided on-site. The Zoning Code requires one (1) stall for every 75 square feet of sanctuary space, which translates to 28 stalls for the maximum 2,100 square foot area. For the potential classroom space, one (1) stall is required for every 20 students. Based on a maximum of 40 students, only 2 stalls would be required. Using the more restrictive ratio of 1 stall for every 300 square feet, the 1,200 square foot area would require 4 stalls. The minimum parking requirement for the project would thus be 32 stalls. The project, however, will provide 94 stalls, nearly three (3) times the required number. Thus, there should be more than ample parking stalls to accommodate the project. (See Figures 3 and 4) 3. The required setbacks from the property line are twenty (20) feet from the sides and thirty (30) feet from the front and rear. The structure will be set back a minimum of forty (40) feet from all property lines. E. Special Management Area The subject site is not situated within the County Special Management Area (SMA). However, as the entire island falls within the SMA, a general discussion of this project's relationship with the SMA objectives follows. 1. Recreational Resources The subject site is situated more than 7 miles from the shoreline. Additionally, this site does not serve as a mauka- makai access to the coastline. As such, the requested uses should not have any adverse impacts on the recreational resources of the area. 2. Historical and Cultural Resources The site does not have any archaeological or cultural features worthy of preservation, as discussed in the assessment report. (Exhibit A) Notwithstanding the absence of any features, should there be any inadvertent discovery of any 10 archaeological features in conjunction with the use and/or development of any aspect of this parcel, work will stop and appropriate clearances from the State DLNR and County Planning Department will occur before said activity is resumed within the affected area(s). Relative to cultural resources, there does not appear to be any particular landform or vegetation that would lend itself well for cultural practices. Neither the applicant nor the former and current owner has observed native Hawaiians frequenting this area to perform their cultural practices. In sum, it can be reasonably concluded that this project would have no significant adverse impact relating to native Hawaiian cultural and historical resources and/or practices that cannot be otherwise mitigated. 3. Scenic and Open Space Resources In the Natural Beauty element of the General Plan, there are sites or areas listed as scenic resources. The subject site is not listed as a scenic site. The proposed church should have little or no significant visual impact from Waikoloa Road affecting the shoreline. This is due to the site is located north of the Road and away from the coastline. Further, while the various mountains (Kohala, Mauna Kea, Mauna Loa, and Hualalai) are visible from the subject site, their views will not be impeded at all due to the height of the structure —which would be equal or less than a residential dwelling - and its location. Accordingly, this project should not have any significantly adverse impact to any scenic coastal resources from any public highway. 4. Coastal Ecosystem The proposed improvements should not generate any adverse impacts to the area's coastal ecosystem. The planned improvements, including the parking area could add to the site's impervious surface. As such, drywells and related drainage measures to address on-site drainage issues related to this project will be implemented. The appropriate 11 Underground Injection Control ("UIC") and National Pollutant Discharge Elimination System ("NPDES") permits will be secured to assure minimal impacts to the groundwater and nearshore waters. Further, the site is situated nearly seven (7) miles from the shoreline, and any direct interaction between the proposed improvements and the water should be barely existent, if at all. Furthermore, the project's wastewater will utilize the septic system, a commonly accepted system in this area. 5. Economic Uses The project itself should have some significant direct economic impacts, due to the short-term and long-term jobs this project could potentially generate. The short-term jobs would be principally in the construction industry. The long-term employment would come in the form of having more employees to staff the facility. 6. Coastal Hazards The site is designated "X" on the Flood Insurance Rate map. Being more than seven (7) miles from the shoreline, the site also falls outside of the Civil Defense Tsunami Evacuation Zone. Based on the foregoing, it is concluded that the proposed improvements are consistent with the objectives, policies and guidelines of the Special Management Area Rules and Regulations. Specifically: A. The proposed project will not have any substantial, adverse environmental or ecological effect. Any effect that may result will be minimized to the extent practicable and is clearly outweighed by public health, safety and welfare, and other compelling public interests. Further, it will not generate any adverse effects by themselves or in conjunction with other individual developments, the potential cumulative impacts of which would result in a substantial adverse environmental or ecological effect and the elimination of planning options. Appropriate mitigative 12 measures will be taken to address any potential adverse impacts of this project; B. The proposed activities - as discussed earlier- are consistent with the objectives, policies, and guidelines of the SMA Rules and Regulations; and C. The proposed activities are consistent with the County General Plan and County Zoning Code, as noted in Chapter VIII-A of this document. F. Other Permitting Considerations If the Special Permit is approved, other ministerial permits are still required. These include Plan Approval, Building Permit, and others. Then, too, other permits and/or data may be required to comply with any conditions of approval of the Special Permit. V. INFRASTRUCTURE CONSIDERATIONS A. Water Potable water will be provided by the State Public Utilities Commission-approved private water purveyor in the area, West Hawaii Water Company ("WHWC"). In a letter, dated January 26, 2023, Hawaii Water Service, Inc. noted that WHWC is one of its subsidiaries. It continued that the projected demand of the proposed use to be at 1,210 gallons per day and that it is willing "to provide waterservices to the proposed Project_" (Exhibit B) C. Wastewater The subject area is not serviced by the County sewer system. As such, the alternatives for the Applicant are either extending the sewer line owned and operated by a subsidiary of the WHWC or develop its own State Department of Health-approved system. At this time, the Applicant intends to develop a private system, which would typically be a septic system. Given the proposed use, the wastewater demand should be comparable to four (4) residential units on Sunday, with the balance of the week comparable to or less than a single dwelling. 13 C. Drainage The Federal Emergency Management Agency Flood Insurance Rate Map ("FIRM") identifies the subject site Zone X (areas outside of 500- year flood). As there will be an added level of impervious surface resulting from the proposed development, there may be an issue relating to potential increased run-off. In that event, drywell(s) or similar types of accommodations will be implemented, subject to the review and approval of the Department of Public Works and State Department of Health via the UIC permit process. Relatedly, an NPDES permit will also be required before construction can occur. This is to assure the proper management of storm water runoff, during and after construction. With the proposed on-site drainage improvements, and since none of the proposed improvements will occur within any Floodway (AE) designated area, all potential drainage and/or flooding issues could be reasonably addressed and mitigated. D. Roadway and Traffic The subject site fronts Waikoloa Road. This 2-lane County road functions as a major maukalmakar road connecting Mamalahoa Highway and the Queen Ka'ahumanu Highway. The others in this area include the Kawaihae Road to the north and Hina Lani Road to the south. It has a right-of-way of 60 feet with a 24-foot wide pavement and 4+ foot wide graveled shoulders. The only permitted access is situated fronting Waikoloa Road. The Project will have only one 2-way entrance, meeting with the access and design requirements of the County Department of Public Works. The facility is projected to generate between 25 to 50 vehicle trips on Sunday morning. While the number of trips may appear high, it would occur only on Sunday mornings. As such, it should not conflict with normal school, cross-town, and local AM/PM peak hour traffic. Further, the intermittent evening sessions would occur after the PM peak hours, and movements are projected not to exceed 20 vehicle trips during that time. The few classes during the day would occur after the AM peak hour and is projected to generate no more than 20 vehicle trips. 14 Accordingly, the project should not have a significant, if at all, traffic impact during the AM/PM peak hours. E. Solid Waste Solid waste will be handled by commercial haulers or the Applicant who will dispose of the refuse at a county-approved Pu`uanahulu landfill. Typically, a project of this nature should generate no more than the quantity of 10 families during the course of a week, inclusive of the Sunday services. Although the Applicant does not believe one is needed, if required, a Solid Waste Management Plan can be prepared to help address ways to further accommodate and reduce the project's waste. F. Other Government Services As this area is already part of an urban area, it already has access to a number of services. All of the required police, fire, and related services are available. Police protective services are provided from the Waimea station, approximately 10 miles away. There is, however, a small substation in Waikoloa located near the golf course. The Fire Station, where emergency medical and paramedical services are also provided, is located on lower Pua Melia Street, located less than a % mile from the subject site. Secondary response can be provided by the South Kohala Fire station located near Mauna Lani. The major medical facility serving this region is the North Hawaii Community Hospital located in Waimea. It is a full-service, acute care hospital. As this project is a church, it should have little or no direct impact on schools, parks, and other related facilities. It should be noted that the site is proximate to Waikoloa Elementary School. Students then attend Kealakehe School. As this area is already part of an existing community, it is already being serviced. No extension of government services would be required, and existing facilities should be sufficient to accommodate the limited demand expected from this project. 15 VI. ENVIRONMENTAL CONSIDERATIONS A. General Descri tp ion The 5+ acre area is generally rectangular in shape. Its longest side (144 feet) fronts Waikoloa Road. It is located immediately mauka or east of the Waikoloa Stables. The land gradually slopes in an easterly to westerly (mauka to makai) with an average grade difference of approximately less than 10%. The mauka elevation is about 1,030 feet, while the makai section is about 1,000 feet. The site is vacant of any structures. B. Climate, Soil and Topography The site is located on the leeward side of the island in the ahupua'a of Waikoloa. The overall area is located within the "rain shadow" of Mauna Kea, a region that is somewhat arid with marginal rainfall. The average annual rainfall ranges between 10-15 inches, with much of the rainfall occurring during the winter months. The daily highs generally range between 77 to 85 degrees and daily lows from 65 to 70 degrees Fahrenheit. The elevation, as noted earlier, is about 1,030 feet. The site is fairly level. There are no perceptible topographic or geologic constraints on the area of the proposed development. According to the US Department of Agricultural Soil Conservation Service (now Natural Resource Conservation Service), the land is classified to be part of the Kawaihae Soil series ("KNC"). This series consists of somewhat excessively drained, extremely stony soils that formed in volcanic ash. This soil has a very thin surface layer of fine sandy loam over silt loam and loam. This soil has moderate permeability, medium runoff and a moderate erosion hazard and is classified as suitable for pasture, wildlife habitat and recreation. According to this author's interpretation of the Land Study Bureau Overall Master Productivity Rating map, this site is classified "E" or Very Poor. This means that the site is only marginally suitable for agricultural use. Under the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, it appears that the site is "unclassified" or not rated according to the ALISH land categories. 16 C. Tsunami Hazard Given its elevation (1,000+) and distance from the nearest shoreline (6+ miles), it is located outside of the Civil Defense's Tsunami Evacuation Zone. Thus, there should be little or no threat from high waves. D. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies the subject site as Lava Flow Hazard Zone 3, on a scale of ascending risk, 9 to 1. There is very little that can be done to protect structures and improvements on the site. Relative to protection of life, however, this would be achieved through the evacuation routes and warning systems provided by the County Civil Defense agency. Such notices could be prominently placed within existing structures. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. The applicant understands and accepts that all structures must be constructed to meet the more restrictive seismic hazard structural requirements of the Building Code. E. Unexploded Military Ordnance ("UXO") The site is part of over 130,000 acres of land that was used by the U.S. military for training exercises from 1943 to 1953. The Department of Defense did some cleanup activities, UXO have been discovered in various areas, including near homes in Waikoloa Village. The military has since developed the Formerly Used Defense Sites ("FUDS") program to address these potential risks within the 130,000+ acre area. The subject site falls within the "high risk" area. As such, prior to land disturbance activity, the applicant intends to contact the Army Corps of Engineers for UXO support in the detecting and removal of any UXO. F. Fauna and Flora Resources Although there was no professional survey conducted of the faunal resources of the site, the Applicant does not believe that rare or endangered faunal resources are likely to be found within or proximate to the subject site. This belief is supported by the Environmental 17 Impact Statement ("EIS") prepared and approved in May 2007 for the Waikoloa Highlands rural-residential project located immediately south of the subject site. The faunal resources should be somewhat typical of other developed properties in this general area. One may thus find bird species such as the Black Francolin, Sky Lark, African Silverbill, Spotted Dove, Japanese White-eye, House Finch, Common Myna, and the like. Domestic animals such as cats and dogs, and other animals like rats and mongoose are also common. Other animals include occasionally feral goats and pigs. None of these are endangered animals. As such, it is unlikely that the development of this property would cause any adverse faunal impacts. As with the description of the site's faunal resources, no professional botanical survey was done of the subject area. In historical times, the site was used for cattle grazing. Vegetation within the area consists of low grass with scattered kiawe (Prosopis pallid), koa haole (Leucaena glauca), and Ilima (Sida fallax Walp). None of these are listed as endangered or threatened. Accordingly, the botanical or floral impacts should be negligible. D. Archaeological Resources An Archaeological Assessment was prepared of the subject site. (Exhibit A) In its report, dated April 2023, the author, Kualaiwi Archaeology, LLC, noted that "No archaeological sites or features were identified within the project area." The report added that "The absence of archeological sits within the parcel is likely attributable to the rugged and and conditions within the area." It then recommended that "No further archaeological work is recommended, based on the survey results." Notwithstanding the absence of sites, during the course of developing this project, should any anticipated archaeological features or sites be uncovered, work in the affected area will immediately cease and the applicant will notify the Planning Department. 18 E. Valued Cultural Resources The recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina"decisions require decision-makers to consider a project's impact to native Hawaiian gathering and fishing rights. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated traditional and customary practices of this site and the impact of this project on these resources and practices. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, fishing and coastal access is not an issue. Furthermore, although there is vegetation on the site, the vegetation for the most part has been introduced. It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by native Hawaiians. In the unlikely event that legitimate gathering claims are made by native Hawaiians, the applicant intends to respect and honor such claims and provide the needed access within the site. F. Water and Coastal Resources The subject site is located nearly 7 miles from the coastline. Being a non-coastal property, no coastal access will be affected. Furthermore, coastal impacts resulting from discharge of drainage systems from the site should not be significant. Prior to the installation or use of any drywells on the site to address on-site drainage concerns, the appropriate UIC permit from the State will be taken. At that time, impacts on water and coastal resources will be carefully examined. The proposed development will require a wastewater system. As such, the applicant will provide its own wastewater system or connect to the private system currently owned and operated by Hawaii Water Service Co. Should the developer elect to develop its own wastewater system, the system will have to meet the requirements and approval of the State Department of Health. The standards and guidelines of the State now provide greater protection of the groundwater and coastal resources in this area. 19 G. Noise, Air Quality, and Dust The existing background ambient noise level is associated with the wind, foliage, birds, and the like. Collectively, that type of noise level would be relatively low, averaging less than 45 Ldn. Manmade noise in this area, however, is heavily influenced by the traffic along the Waikoloa Road and Paniolo Drive. This project will introduce additional vehicular traffic to this area, and there may be some noise impacts resulting from these vehicles. To mitigate these impacts, the applicant intends to install appropriate landscaping of the xeriscape or low water use variety within and along the perimeter boundaries of the project area. Then, too, the bulk of the vehicular activity will be during the daylight hours, when the noise level is higher due to the existing traffic along the Waikoloa Road. There will also be short-term noise impacts during the construction phase. To mitigate this impact, the development of this project— particularly the site work - will be limited to daylight hours and on weekdays. Contractors will also be required to comply with established State Department of Health guidelines and standards relating to noise and emission controls. The proposed development should not generate any direct air qualitV impacts. As the project itself is not expected to have uses that generate adverse air pollutants, the only discernible air quality impact would be associated with vehicular traffic to and from the site. While the added traffic will have an impact on the ambient air quality, the impact should not be significant. This is due in part to the higher EPA standards for vehicular air emissions and the prevailing trade winds. All of the required parking areas within the project site will be paved with an all-weather, dust free surface. Landscaping will also be required as part of the Plan Approval requirement. As such, with the exception of minimal construction dust in the beginning, long term dust generated by the project would be insignificant. VII. PLANNING AND LAND USE CONSIDERATIONS A. Surrounding Land Uses The surrounding land uses in this area include a mixture of 20 commercial, residential, and rural agricultural activities. There is an equestrian facility immediately adjacent and makai of the subject site. Beyond that and less than 1,000 feet away at the Paniolo Avenue/Waikoloa Road intersection, there are two shopping complexes. Beyond that, there are several multiple family residential complexes. There is a proposed Rural-Residential subdivision called Waikoloa Highlands directly across from the subject site. The proposed church would thus be consistent with the existing and evolving mixture of commercial and residential land use pattern in this area. As such, the subject use should have little impact on the surrounding areas. R. Economic Impacts The requested use would have some measure of economic impact, as it would provide both short-term and long-term employment opportunities. During the construction phase of this project, there will be opportunities for construction-related employment. These would also include some limited infrastructure (water, road, landscaping, etc.) and building improvements. The Applicant estimated that the construction end should generate at least 15 direct and indirect construction employment opportunities for at least a 12-month period. With the completion of this project, there will be long-term employment opportunities to service or staff the church. The Applicant estimates that at least 3 new full and/or part-time jobs will be needed to service this facility. C. Agricultural Impacts Aside from intermittent cattle grazing, the subject site does not have a history of being used for active commercial agricultural purposes. With the exception of the equestrian facility east of the subject site, the surrounding areas consist of a mixture of commercial and residential uses. Further, the soil classification system of the Land Study Bureau designates the site as Class E or"Very Poor". While it does have agricultural potential, it is not unique from an agricultural resource perspective. Thus, its removal from potential agricultural use should not compromise the agricultural objectives of the County. 21 Given the above, the agricultural impacts resulting from this rezoning should be negligible, if at all. D. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as scenic resources. The subject site is not listed as a scenic site. However, the views of the general coastline (Kawaihae Bay and Harbor area to Anaeoho'omalu Bay), Kohala Mountains, and the Queen Ka'ahumanu Highway are noted. From a view plane perspective, the subject site is situated north of Waikoloa Road and mauka of Paniolo Drive. As such, the project— in relation to those public roads—should not significantly, if at all, impede the existing coastal views. The project is situated between Waikoloa Road and the Kohaia Mountains. However, because the Mountain is located at a distance and the project will have a structure less than 30 feet tall —which is less than the existing Zoning Code's 45-foot height requirement for the Agricultural zone —that view plane should not be significantly affected. VIII. JUSTIFICATIONS FOR SPECIAL PERMIT REQUEST In determining whether the requested use is an "unusual and reasonable use" and thus should be permitted within the Agricultural District, certain guidelines are used. These guidelines and their relationship to the requested use follow. A. Relationship to Land Use Law and Ob'ectives The subject request will not be contrary to the Land Use Law, which purpose is to preserve, protect and encourage the development of lands in the State for their best uses in the interest of public welfare. In this situation, the subject site's soil resource is not Class A or B. It is class D (poor). Thus, there would not be a reduction of that premium soil type resulting from the proposed use. Additionally, as the requested use will occur in an area where only intermitted cattle grazing occurs, its use will not result in the reduction and/or displacement of any on-going or future agricultural activities on the parcel. 22 B. Relationship to Zoning Code General Plan, and Other Regulations The basic intent and purpose of the Zoning Code (Chapter 25) of the County of Hawai'i require the Code to be 'applied and administered within the framework of the general plan...." It also regulates density, land uses, and design and building standards within the various zoning districts. As discussed earlier, the Applicant intends to comply with all applicable standards —such as height, setback, parking, and the like— for projects of this nature as outlined in the Zoning Code. No variances from these standards are being contemplated at this time. If not for the site being within the State Land Use Agriculture district, it would be considered "conditionally permitted" by the Zoning Code, except that the process requires a hearing to allow neighbors and the community to weigh in on the proposed use. This is unlike a use which is clearly not allowed and requires a zone change. Land uses that are not specific to agricultural activities, such as the proposed church, can be allowed via the Special Permit process without necessitating an amendment to the General Plan LUPAG map. Nonetheless, its relationship has been discussed in detail in Chapter IV-B of this report. That section notes that the request is consistent with both County General Plan Land Use Pattern Allocation Guide ("LUPAG") map and its goals, policies, and objectives. The LUPAG designation is Extensive Agriculture. The Extensive Agriculture designation refers to "Lands not classified as Important Agricultural Land. Includes lands that are not capable of producing sustained, high agricultural yields without the intensive application of modern farming methods and technologies due to certain physical constraints such as soil composition, slope, machine tillability and climate. Other less intensive agricultural uses such as grazing and pasture may be included in the Extensive Agricultural category." Because of the absence of any agricultural activities surrounding the subject site, the continued use should not have any adverse impacts on the region's agricultural industry. Further, the site does not have any archaeological or cultural resources, as noted in an archaeological field inspection, dated April 2023. (Exhibit A) 23 Relative to the land use policies of the General Plan, the proposed church is intended to service the community in a way where the impacts to adjoining properties are not significantly adverse. Church and/or religious institutions are one of the basic social infrastructures of a community. It must be conveniently located to residences, as proximity facilitates visitations and services. At the same time, by its very nature, the proposed facility seeks the same ambiance as residential projects. To a large extent, it prefers quietude and a halcyon environment. That is why the design of the project will include xeriscape landscaping, similar to some of the homes in the area. Chapter IV-C also discusses the requested use consistency with the South Kohala Community Development Plan. The SKCDP suggests the retention of the site's current Agriculture zoning. In this case, the use will not change the Agriculture zoning. Although the use will be technically non-agriculture, it will provide a needed service to the community, and hence would be fulfilling the SKCDP's narrative policies. As discussed in Chapter IV-E, although the site is not subject to a Special Management Area permit, its use would not violate the policies and objectives of the Special Management Area and/or Coastal Zone act. C. Impacts to Surrounding Properties The project should not cause any significantly adverse impact to the public welfare, community's character, and surrounding properties. The required infrastructure to and within the project site is and/or will be provided by the Applicant. Being proximate and/or adjacent to an urban environment, this area is already being serviced by other public services, particularly police and fire. Accordingly, there should be no significant adverse impact on public welfare. The structure would be somewhat akin in size to a conventional residential structure and would be less than 30 feet tall. That height is well within the required 35-foot maximum for a single-family residential zone or the 45-foot maximum for the existing agricultural zone. With the planned xeriscape landscaping, the visual impact of this project would generally be consistent with the evolving mixture of commercial and residential uses in the area. 24 It should be noted that a church — like a hospital or park - are uses that directly service the residential community. They are, thus, land uses that are generally consistent with a community's character. While the project will generate some traffic, the primary access from Waikoloa Road is already adequate. In addition to the traffic occurring during the non-peak AM/PM hours, unlike a retail operation, traffic is not anticipated to be continuous. The proposed development should not generate any direct air quality impacts. As the project itself is not expected to have uses that generate adverse air pollutants, the only discernible air quality impact would be associated with vehicular traffic to and from the site. While the added traffic will have an impact on the ambient air quality, the impact should not be significant. This is due in part to the higher EPA standards for vehicular air emissions and the prevailing trade wind, as well as the traffic occurring during non-peak hours. There will also be short-term noise impacts during the construction phase. To mitigate this impact, the development of this project— particularly the site work -will be limited to daylight hours and on weekdays. Contractors will also be required to comply with established State Department of Health guidelines and standards relating to noise and emission controls. At the same time, there would be some measure of economic benefits to the surrounding area, as the facility would have to purchase goods and supplies. Additionally, members and their guests will also frequent the local and other nearby communities. References to the commercial standards of the General Plan were made, inasmuch as a church is permitted in the commercial zones, while only conditionally permitted in the single-family residential zone. In that regard, the site is located convenient to its users; the appropriate development standards (parking, setback, etc.) will be complied with; the site is free of any on-site topographic and other environmental constraints; and the basic infrastructure is or will be provided to the site by the applicant. Additionally, the proposed structure will be less than 30 feet tall, which would be visually compatible with the surrounding residential structures. 25 D. Infrastructure and Government Services Impacts The project will not unreasonably burden public agencies to provide roads and streets, sewer, water, drainage and other related infrastructure. The access road, Waikoloa Road, has at least a 22+- foot wide paved street, which is sufficient to accommodate two-way traffic. A new driveway entrance to the project will be constructed, meeting with the standards and requirements of the County Department of Public Works. Additionally, the site can be readily serviced by the West Hawaii Water Service, a PUC-approved utility company. Although the same PUC- company operates a private wastewater system in the area and could provide service, the applicant is inclined to install a septic system meeting with the approval of the Department of Health. Finally, in conjunction with the building permit process, the required parking will be provided. Drainage systems meeting with the approval and requirements of the County Department of Public Works and State Department of Health to accommodate the flow from the added level of impervious surface and groundwater will be installed by the Applicant. The project should not increase the servicing requirements for police and other public safety services, as those agencies already service the surrounding communities, which include the subject site. As such, the project should not result in an extension of these services. E. Suitability of the Site The proposed church will occur in an area that has no natural or cultural resource issues. There are no archaeological features recommended for preservation. Further, there are no rare or endangered floral or faunal resources on the site. Then, too, the site does not have any topographic or geological issues — such as floodway or slopes —that would render use of the site problematic. The site has not been used for any active or intensive agricultural purposes. It has been used principally for limited cattle grazing, where land for such a purpose is quite abundant in this area. As such, its use will not result in the removal of any potentially agriculturally usable land. 26 F. Altering Character of Land While any structure on the subject site will alter the character of the area, the level of alteration with the proposed church, however, should not be significant. The site is adjacent to an existing equestrian facility with structures; there are also planned residential-agricultural uses on the south side of Waikoloa Road, as well as entitled and developing commercial uses near the intersection of Waikoloa Road and Paniolo Drive, all less than 1,000 feet away. By keeping the size and height of the structure to a residential scale, the proposed church will be in keeping with the general character and ambiance of this area. Further, the Applicant plans to further improve the site with xeriscape type of landscaping. As such, while there will be changes to the physical appearance, the general character should not be significantly altered. G. Unusual Conditions or Trends Prior to adoption of the County General Plan (1971), the State Land Use District boundaries were established in this area. Since that time, growth has incessantly occurred and in an effort to manage this growth, the General Plan has been periodically updated, while the South Kohala CDP was adopted in 2006. Both of these documents provide the land use framework to guide or manage growth in this a rea. Those documents, particularly the CDP and as noted particularly in Chapter IV, emphasize the need to contain the village proper while protecting important agricultural lands. At the same time, to address much needed land uses that cannot be reasonably accommodated within the village core, alternative areas must be found without compromising the principles outlined in the General Plan and CDP. In that regard, the requested Special Permit helps achieve those objectives. As the Waikoloa community continues to grow, there is or will be a corresponding need for non-public type of service. The church is one such non-public type of service. The Applicant currently operates out of a relatively small room within a shopping center. There is no room to accommodate its growing membership, let alone the ability to provide the full complement of services at a convenient location and without financially "bankrupting" the church. 27 In sum, the Applicant's proposed church at a location where it is convenient to its membership; has the necessary infrastructure; and does not have any on-site constraints helps address the growing and varying social and cultural needs of the Waikoloa community. At the same time, the process (Special Permit) and the site's location, would still allow the retention of the village's "sense of place" while not removing any significant important agricultural land from production. Based upon the foregoing, it is concluded that the project is an "unusual and reasonable" use of the subject site and would promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes. 28 Report KA-0054-042123 DRAFT ARCHAEOLOGICAL ASSESSMENT TMK: (3) 6-8-002:017 (Po>r:) WAIKOLOA AHUPUNA SOUTH KOHALA DISTRICT ISLAND OF HAWAI`I By: Solomon Kailihiwa, M.S., Juliana Kailihiwa, BA, and Dave Henry, B.S. Prepared for: New Hope Waikoloa 68-1845 Waikoloa Road Suite 215 Waikoloa Village, HI 96738 April 2023 KULAIWI ARCHAEOLOGY, LLC Archaeological, Cultural,and Historical Resource Management Services P.O.Box 1213,Captain Cook,Hl 96704 Phone:808-493-8884 EXHIBIT A TMK : [3)-6`9-002 : 017( Por. ) Project KA- 054-042123 INTRODUCTION At the request of New Hope Waikoloa, Kulaiwi Archaeology, LLC has prepared an archaeological assessment of a ca. 5.03-acre portion of the 2,153.442-acre parcel TMK: (3) 6-8-002:017 located in Waikoloa Ahupua'a,South Kohala District, Island of Hawai'i(Figures 1 and 2),The objective of the survey was to satisfy historic preservation regulatory review requirements of the Department of Land and Natural Resources-Historic Preservation Division (DLNR-SHPD),as contained within Hawaii Administrative Rules,Title 13,DLNR,Subtitle 13,State Historic Preservation Rules(2003). No archaeological sites orfeatures were identified during the survey,therefore the project is documented as an archaeological assessment pursuant to Chapter 13-284-5(5A). As required, this report contains a description of the project area, background and field methods. Project Area Description The project area is a rectangular shaped 5.03-acre area locate in Waikoloa Ahupua'a between ca. 1,060 and 1,090 feet elevation above mean sea level. It is situated along the north side of Waikoloa Road,east of Waikoloa Stables, with the north and east sides of the project area bounded by undeveloped land (Figure 3). The soil within the project area consists of Kawaihae extremely stony very fine sandy loam on 6-12% slopes.This soil type consists of ca. 2 inches of a dark reddish brown sandy loam over a subsoil of a dark reddish brown to dusky-red silt loam above pahoehoe bedrock (Sato et al. 1983:26). This soil has moderate permeability, a medium runoff and a moderate erosion hazard and is classified as suitable for pasture,wildlife habitat and recreation. Vegetation within the area consists of low grass and rainfall in the vicinity of the project area averages less than 10 inches per year(Juvik and Juvik 1998.57). Figure 3 shows the parcel during a dry time of year. The current survey was conducted during the wet season. Figures 4 and 5 are overviews of the project area showing the conditions at the time of the survey. Methods The field work portion of the project was conducted by Kulaiwi Archaeology, LLC Principal Investigator Solomon Kailihiwa, M.S. and Senior Archaeologist Juliana Kailihiwa, B.A. on April 6, 2023. Approximately 8 person hours were required to complete the survey. The archaeological investigation of the project area consisted of a 100%surface examination of the parcel with the surveyors walking transects spaced at 10-meter intervals.Ground surface visibility throughout the parcel was excellent.No subsurface testing was conducted and no cultural remains were recovered for analysis. KULAIWI ARCHAEOLOGY ) TMK ; (3) 6-8-002 : 017( Por. ) Project KA- 054-042123 O O" 1�OHA1}LJ 'NOKTFI •HAMAKU O MILO _ 1 NEap Location aOrrrH Kan n r i�,�saurrt r�uo p0Ep0E ST %� 1 --- w r - ✓ LINA our PUNµ FAL!!NANhST xWO ' Project Area r ev 7- -- -r —T I — c- - — - - — -- ) _ / 01 ) 0 31280 eet 0 1,000 �/leters -pv Figure 1.Portion of Puu Hinai 2017 USGS 7.5'Quadrangle showing project location. KULAIWI ARCHAEOLOGY 2 TMK: (3]6-8-002:017 Po r.) Project KA-054-042123 12 n l f •. p'MW�IROl OR l ern^ttl�'�ea - -10 C .) r}o Wary u •" �3 r� y 9 FOR PROPERTY ASSESSUFk7'%iRPpST_S—SIfB![CT Fp GRANGE -- F:':F iEG. Figure Z.TMK(31 6-8-02 showing location of project area. KULAIw[ARCHAEOLOGY 3 8-002:017(Por.) Project KA-054-042123 M a T i ".MIll M �..,. y Figure 3. June 11,2022,satellite imagery of the project area. KULAIWI ARCHAEOLOGY 1 4 TMK : { 3 ) 6-8-002 :017( Por. ) Project KA-054-042123 77-MMMM Figure 4.Overview of project area from the southeast corner,view to the northwest. 404 z G��a�YYyyr�kk �'v„6 ii x �'tiW bldf"�eadx M�la' " iM' �� Figure 5.Overview of project area from the northern boundary showing area of prior mechanical disturbance, view to the south. KULAM ARCHAEOLOGY i 5 C) 4- .1?Z13 r ARCHAEOLOGICAL AND HISTORICAL BACKGROUND Historical Documentary Research Haun et al. (2003), Welch (1989) and Barrere (1971, 1983) discuss the traditional land divisions of Waikoloa and the adjacent lands of Kalahuipua'a, and 'Anaeho'omalu. Their research focused on Land Commission Award (LCA)testimony, Boundary Commission testimony, and other historic documents. In earlier times, Waimea was a sub-district of Kohala that included all of the land in the district south of Waikoloa Stream. Waimea was composed of eight subdivisions with the majority of the district being composed of the 'ili of Waikoloa and Pu'ukapu. The remainder consisted of the Ili of WaVaka, Lalamilo, 'Anaeho'omalu, Kalahuipua'a, Puako,and Ouli. At the Mahele, Waikoloa was deemed Crown Land, of which Isaac Davis received a large portion. Waikoloa (LCA 8521-B) was sometimes referred to as "Waikoloa Nui" and "Waikoloa Iki",differentiating between the Crown Land and Davis' land respectively (Figure 6). The Crown Land portion later became known as Lalamilo and Davis' portion as simply Waikoloa. The coastal lands of 'Anaeho'omalu and Kalahuipua'a were retained by the Crown as 'ili kupono. Kamehameha III gave these lands to his wife Kalama(LCA 4452). 'Anaeho'omalu was claimed by Kahenehene(LCA 4100), but she relinquished it(Maly 2000:19). Traditional and legendary references to 'Anaeho'omalu, located seaward of the project area, are presented in detail by Maly(2000)and Barrere(1971)which are summarized here.According to legendary accounts in about the thirteenth century, Kama'iole,a cruel chief,was killed in a battle at 'Anaeho'omalu. During the same period,fishing and salt making are described. In the sixteenth century, the Hawaii Island ruler Lono-i-ka-makahiki, the grandson of 'Umi-a-Liloa, put down a revolt by a group of rebel chiefs who were encamped at 'Anaeho'omalu. Lono-i-ka-makahiki erected an altar, Ke-Ahu-a Lono, on the boundary between Kona and Kohala at 'Anaeho'omalu to consecrate a cooperative covenant between the chief and his trusted advisor, Kapaihiahilina, who had been slandered.The altar was built at the time Lono-i-ka-makahiki was preparing to battle the invading forces of the Maui king Kama-lala-walu. Early historic accounts from Cook's voyage in 1779 and Arago in 1819 describe the general vicinity as desolate and sparsely inhabited based on observations made from the ships (Maly 2000). Ellis traveled from Kawaihae to Kailua by canoe in 1823 stopping at Puako and Kapalaoa, a small settlement a short distance south of'Anaeho'omalu. Kahenehene's (LCA 4100) 1848 claim testimony for a parcel at'Anaeho'omalu describes kou and coconut trees and salt making ponds (Maly 2000). The claim included four houses that were enclosed. Boundary Commission testimony from 1873 describes a small heiou called Hiakalaihi at the coast on the boundary between 'Anaeho'omalu and Puuanahulu. Ke-Ahu-a Lono was situated inland of the heiou. A large rock called Pohakuloa at the coast was described as marking the boundary between 'Anaeho'omalu and Kalahuipua'a. John Palmer Parker settled in Hawai'i in 1815 and became a renowned bullock hunter(Haun et al. 2003). He became friends with John Young and spent much of his early years at Kealakekua,where Kamehameha held court. After the death of Kamehameha in 1819, Parker moved to Waiapuka in Kohala with his ali'i wife, Kipikane and their new-born daughter(Wellmon 1970: 20-26). KULAIWI ARCHAEOLOGY 16 TM K: (3)6-8-002:017(Par.) Project KA-054-042123 YI I,;AYr, lz Ir Vrin Al+q l rb.;e I�flJ� r Yfome a a4 ca(ull uwrq•�.ex�,r�.l�rzwsl �..•..-. r,Y.. �InurhF�.r�rcu�q��4aaoimn,�aa;orw) l r � f `.i ' :.noagaassl A 4 ALItO... P •'// / ___.P 1�gq'ikC F.clalnait{rfaulR�L 3111Qa.:WIUb) !• LC.q ig52 all.Kala by /. ` 8LOA uA r 851s}fxuerf—1 - ` CMefF+-M C�unlraa.l IRM'al Pcm:(mpK 5-)1) . -' _ Ilan Rau 3DIf4) T i'l A%AI1l;L{' / 555Y�III � 1(_ 9AII')F A Figure 6.Ahupua'a boundaries,Land Commission Awards and Previous Archaeological Studies near project area. KULAIWi ARCHAEOLOGY 7 TMK: {3) 6-8-002 :017( Por. ) Project KA-054-042123 In 1850,John Parker purchased 640 acres of land at Mana from the Hawaiian Government. The following year, Parker purchased an additional 1,000 acres. In 1852, Kamehameha III granted a lease to Parker for the lands of Waikoloa, giving Parker the competitive edge to control the developing ranching industry (Wellmon 1970:75). Parker's grandson,Samuel Parker,purchased'Anaeho'omalu and Kalahuipua'a from the estate of Charles Kanaina, Queen Kalama's uncle, in 1878 (Barrere 1971). These lands were used by the ranch for recreation,fishing, and aquaculture. In the early 1900s,the Parker family acquired Waikoloa and ouli in fee-simple,giving them 100,000 acres of grazing land (Wellmon 1970:7S). Alfred W. Carter,guardian of Thelma Parker and manager of Parker Ranch,did much to aid ranching by improving cattle stock,conserve tree-less ranch lands by planting new and better grasses, and organizing the Hawaii Meat Company to provide ranchers an outlet to market their beef and beef products (Brundage 1971:59,28). The ranch sold Kalahuipua'a and 'Anaeho'omalu to Francis I'i Brown in 1936 (Maly 1999:126). Mr. Carter managed Parker Ranch until 1937 when his son, Hartwell Carter took over the position of ranch manager and remained in that capacity for the next twenty-five years. As a major supplier of beef,Parker Ranch played a pivotal role in providing beef and mutton to the Armed Forces in Hawai'i during both WWI and WWII. The Waikoloa Maneuver Area, an area of 91,000 acres acquired by the U.S. Navy in December 1943 through a license agreement with Richard Smart of Parker Ranch for the sum of$1.00 (Brundage 1971: 109). The training area extended from the ocean to the Pohakuloa Training Area,and from the Waimea-Kawaihae Road to south of the Waikoloa Road.The area was used for military exercises including the use of live ammunition and other explosives. The land was returned to Parker Ranch in September 1946.The current project area is undeveloped. Previous Archaeological Work Several archaeological studies have been conducted in the vicinity of the project area. The locations of these investigations are depicted in Figure 6. Bonk(1988) conducted a reconnaissance survey of c. 580 acres just north of Waikoloa Village.This survey identified numerous modern military shrapnel fragments though no archaeological sites or features were identified. A survey of c.3,000-acres of Waikoloa located seaward of the project area was undertaken by Schilz and Shun (1992). This survey resulted in the identification of 13 sites with 34 features. Of these 13 sites, however, only one was assigned a SIHP site designation.This consists of a burial cave located c. 1,300 m south-southwest of the project area corridorat c.580ft elevation.The 12 remaining sites were designated as modern military features consisting of cairns,wailed shelters, rock mounds and C-shaped enclosures. According to the authors,the paucity of archaeological sites was not surprising as the terrain was, "too rugged and inhospitable for human use and habitation" (1992:21). A subsequent archaeological inventory surveyof a c.1000-acre portion of the Schilz and Shun(1992)study area and a 50 ft wide HELCO easement was conducted by Archaeological Consultants of the Pacific(Moore et al.2001). This survey identified ten sites with 15 features consisting of a hearth,a trail segment leading to a small stone quarry,three ahu along an existing jeep trail,several C-shaped walls with an associated ahu,a rock shelter,a large ahu and a modern fire pit.These features are all located in the seaward portion of the project area, below c. 400 ft elevation. The survey of the HELCO easement noted shrapnel and a piece of unexploded ordnance, none of which were assigned site numbers. Data Recovery excavations were subsequently undertaken at one of the ten sites noted within the 1000- acre survey area (Moore and Kennedy 2003). The excavations at the rock shelter yielded food remains and stone tools along with a large number of seabird remains. The amount of seabird remains recovered KULAIWI ARCHAEOLOGY 1 8 7MK: (3)6-8-002:017(Par.J Project KA-054-042123 � �Figure4 5 rl G �I I' I f ®Figure 5 Figure9 Project Area 0 Utility Road Waikoloa Road C 160 Feet Bulldozed Area • Rock PIleS Fence Line • Photo Locations �]Paved Road 0 40 Meters Figure 7.Extent of prior mechanical disturbance within the project area. KULAIWI ARCHAEOLOGY 1 10 TMK : ( 346-8-002 :017 ( Por. ) Project KA-054-042123 w Aw 4 e e s P f7 { Figure 8.Rock piles formerly used to anchor a sign frame,view to the southwest. �e a Figure 9.Sign frame on fence line near southwest corner of project area,view to the northeast. KULAIWI ARCHAEOLOGY j) T V K : ( 33j6-3- v .. ? : a)1t p'o ? ro ci: REFERENCES Barrere, D. 1971 Anaeho`omalu—A Reconstruction of Its History,Appendix A. 1983 "Notes on the Lands of Waimea and Kawaihae." In, Jeffrey T. Clark and Patrick V. Kirch Archaeological Investigations of the Mudione-Waimea-Kawaihae Road Corridor, Island of Hawaii An Interdisciplinary Study of an Environmental Transect, pp. 25-38. Department of Anthropology,Bernice Pauahi Bishop Museum. Honolulu, Hawai'i. Bonk,W. 1988 An Archaeological Reconnaissance Survey at Waikoloa Village,South Kohala,Hawaii. Prepared for Belt, Collins&Associates. Brundage,L. 1971 Alfred W. Carter Howai'i's Dean of Cattlemen and Notes on Hawaiian Livestock. Privately printed, Kamuela, Hawai'i. DLNR(Department of Land and Natural Resources) 2003 Hawaii Administrative Rules, Title 13, Department of Land and Natural Resources, State Historic Preservation Division. Haun,A., D. Henry and K. McGuire 2003 Archaeological Inventory Survey, DHHL Residential Development at Lalamilo, South Kohala District, Island of Hawaii(TMK:6-6-01:10,54 and 77,6-6-04:12-17). Haun&Associates Report 116-071203 prepared for PBR Hawaii, Hilo. Haun,A., D. Henry and S. Kailihiwa 2010a Addendum to Cultural Impact Assessment, For DW'Aina Le'a Development, Land of Waikoloa, South Kohala District, Island of Hawaii. Haun &Associates Report 712 prepared for DW 'Aina Le'a Development. 2010b Archaeological Assessment, Portion of TMK: (3) 6-8-02:19, Land of Waikoloa, South Kohala District, Island of Hawaii. Haun & Associates Report 712 prepared for DW 'Aina Le'a Development. Juvik,S.P_ and J.O.Juvik(editors) 1998 Atlas of Hawaii, Third Edition. University of Hawaii Press. Honolulu. Maly, K. 1999 No'ala Hele Ma Kai Q Kohala Hema (The Coastal Trads of South Kohala), Archival-Historical Documentary Research, Oral History-Consultation Study and Limited Site Preservation Plan, Kawaihae-Anaeho'omalu Trail Section. Lands of Kawaihae 2, Ouli, Lalamilo, Waikoloa, Puako, Waima, Kalahuipua'a and Anaeho'omalu, District of Kohala, Island of Hawaii (TMK: Overview Sheets:6-2,6-8&6-9).Kumu Pono Associates report prepared for Na Ala Hele Program(Hawaii Island),State Division of Forestry and Wildlife_ KULAIWI ARCHAEOLOGY 1 12 TMK : (3)6-8-002 :017 ( Par. } Project KA-054- 042323 2000 A Historical Overview: Ka 'lli`Aina 0 'Anoeho'omolu Ma Waimea, Kohaia Hema (The Land of 'Anaeho'omalu at Waimea, South Kohala), Island of Hawaii (TMK: 6-9-07:15). Kumu Pono Associates report prepared for Sidney Fuke Planning Consultant, Hilo. Moore,J.R., B. Ostroff,and J. Kennedy 2001 An Archaeological Inventory Survey Report for the Bridge 'Aina Lea Residential Golf Community Development Located at TMK: 6-8-01: 25, 36, 37, 38, 39 & 40 (Pors.), in the Ahupua'a of Waikoloa, District of South Kohala, Island of Hawaii,January 2001. Prepared for Bridge Capitol, Inc. Moore,J.R.and J. Kennedy 2003 An Archaeological Data Recovery Report for the Bridge 'Aina Lea Residential Golf Community Development Located at TMK: 6-8-01:25, 36, 37, 38, 39 &40, in the Ahupua'a of Waikoloa, District of South Kohala, Island of Hawaii March 2003. Prepared for Mr Tom Yamamoto, Bridge'Aina Le'a. Sato, H.H.,E.W. Ikeda, R. Paeth, R.Smythe and M.Takehiro Jr. 1973 Soil Survey of the Island of Hawaii. U.S. Dept. of Agriculture, Soil Conservation Service and University of Hawaii Agricultural Experiment Station.Washington D.C.Government Printing Office prepared for Transcontinental Development Company. Schilz,A. and K.Shun 1992 Final report: Archaeological Survey and Evaluation, Puako Residential Golf Community, South Kohala, Hawaii Island, Golf Course Portion, Ogden Environmental and Energy Services report prepared for Puako Hawaii Properties,Kamuela,Hawaii. Welch, D. 1989 Archaeological Investigations at Pauoa Bay(Ritz-Carlton Mauna Lani Resort)South Kohala, Hawaii. International Archaeological Research Institute, Inc. report prepared for Belt,Collins& Associates, Honolulu. Wellmon, B. B. 1970 The Parker Ranch: A History. UMl Dissertation Services, Ann Arbor, Michigan. Wolfe, E.and J. Morris 2001 Geological Map of the Island of Hawaii. U.S. Department of the Interior. U.S Geological Survey. Wong-Smith, H. 2007 Cultural Impact Assessment for'Aina Le'a. Prepared for Bridge'Aina Le'a,LLC. 2009 Addendum to Cultural Impact Assessment for DW'Aina Le'a Development LLC,Waikoloa, Hawaii Island.TMK Nos.6-8-01:25,36,37,38,39 and 40. Prepared for Makani Resources. KULAIWI ARCHAEOLOGY 1 13 suggested that this shelter was associated with the harvesting of seabirds in the immediate area,and that the C-shapes with associated ahu noted during the inventory survey could have been set up as hunting blinds for those involved in seabird catching activities. C-14 dating put the utilization of this site as early as the 1300's AD. Haun et al. (2010a) conducted an archaeological assessment of ten locations within the Moore et al. (2001) study area in conjunction with the preparation of a Cultural Impact Assessment (CIA). The ten locations consisted of a proposed potable water easement, a portion of an existing HELCO easement, seven stream crossings and a portion of'Auwaiakeakua Stream Gulch. No archaeological sites or features were identified. The findings from the examination of the proposed potable water easement were also reported by Haun et al. (2010b). Wong-Smith (2009)conducted an examination of an historic cattle trail in Waikoloa, inland of the Queen Ka'ahumanu Highway.The project was conducted as an addendum to the Cultural Impact Assessment for 'Aina Le'a prepared by Wong-Smith (2007) and was undertaken to determine if the cattle trail from Pu'u Wa'awa'a to Puako impacted the subject parcel. These studies have resulted in the examination of c.3,580-acre within the vicinity of the present project area. However, only 11 sites with 15 features were identified. These findings indicate an extremely low site density,with one site present per every 325-acres or.003 sites per acre. FINDINGS No archaeological sites or features were identified within the project area. Two piles of stones were observed in the central portion of the project area (Figure 7). The two plies of stones were determined to be of recent construction (Figure 8)and were used to anchor a real estate sign before it was moved to the fence line near the southwest corner of the project area (Figure 9). Approximately 2.08-acres of mechanical disturbance was observed and recorded within the project area. A ca. 0.18-acre portion of an unimproved dirt road extends through and out of the project area to the north-northeast. An additional 1.90-acre swath of mechanical disturbance that appears to be part of the early stages of road construction extends to the east out of the project area (Figure 7). The absence of archaeological sites within the parcel is likely attributableto the rugged and arid conditions within the area. As discussed above, the paucity of archaeological remains in this area has been well documented during previous nearby studies and the negative finding from the present project was anticipated. No further archaeological work is recommended, based on the survey results. KULAIWI ARCHAEOLOGY 1 9 'T -1 -= HAWAII WATER SERVICE P.O.Box 384809 Waikoloa,H196738 Tel:(877)886-7784 tall-free January 26,2023 Rob Dalton 67-1235 Koaliula Pl Kamuela, HI 96743 Re: Request for Water Service far the New Hope Church Waikoloa Mr.Dalton: West Hawaii Water Company, ("WHWC") a subsidiary of Hawaii Water Service Company, Inc., is authorized bythe Hawaii Public Utilities Commission of the State of Hawaii ("HPUC")to provide waterservice in the Waikoloa Village area of Hawaii Island,State of Hawaii. You have requested water service availability for your project identified as New Hope Church (the"Project")on property by the Waikoloa Stables.As the Project is in the process of subdividing the parcel there is not an associated TMK forthe property. Using WHWC estimate for commercial uses of average daily demand for water at 220 gpd/1.,000 sq. ft,WHWC has identified average daily demand for the Project for water at 1220 gpd. This letter constitutes WHWC's willingness to provide water service;to the proposed Project. If and when you choose to move forward please submit to WHUC a formal will serve request so the appropriate documents can be drafted. In accordance with WHWC's tariff,the Will Serve letter will address the Contribution in Aid of Construction (CIAC)fee which is used by WHWC to install or pay for water plant facilities to serve our customers. Sincerely, Robert Stout Accounting Manager Qualify.Service.Vdlue. 0 hawaiiwaterservice,com EXHIBIT B SidneyFuke, Planning Consultant: �,�,�� Cell Box)98 •640 Hawaii 96720 •Planning•Variance•Zoning Cell:(808)989-D640 •Subdivision•Land Use Permits E-mail:sidneyfuke@gmail.com •Environmental Reports May 18,2023 Mr. Zendo Kern,Director Planning Department COUNTY OF HAWAF I 101 Pauahi Street Hilo, Hawai'i 96720 Dear Mr. Kern: Subject: Special Permit Application—New Hope—Waikoloa Proposed Church and Related Uses Waikoloa,South Kohala,Hawaii,TMK: 6-8-002: Por 017 This is in response to a request for additional information as requested by Ms. Jessica Andrews of your staff,in her email of April 27,203. In that regard,please find enclosed the following: 1. A letter of authorization from the 3 companies that currently own the subject property; 2. A floor plan that shows the approximate square footage of the plaza area; and 3. A revised site plan that shows the project relative to their approximate distances from the property lines. Relative to the question of the type of wastewater system,the applicant has elected to go with a septic_or similar type of Department of Health private wastewater system in lieu of having the private sewer line owned by the West Hawaii Water Company extended from the end of Paniolo Drive,a distance of more than 500 feet. If not for the distance (which translates to cost), the applicant would have opted to have its project connect. The applicant has elected to forego the idea of constructing temporary structures. Instead,it intends to proceed with the project as submitted. Its goal still remains the same to complete the project as soon as possible. As with most projects of this nature,while some funds are available to initiate the project,more will still be needed to complete it. A more aggressive fundraising effort can commence and will be successful only if there is certainty of a site(which it has) and knowledge of its permissibility (which is the reason for the Special Permit). This process is typical for any non-profit/church that is seeking to construct a building,whether it is for the YWCA's new home, Honpa Hongwanji Hilo Betsuin pre-school, or Hawaii Care Choices care facility. Mr. Zendo Kern,Director May 18, 2023 Page 2 Given that,the applicant hopes to initiate the construction permitting process within a year of approval of the Special Permit with the hope of being able to open up its doors 3 years thereafter or 2027 at the very latest. We trust that we have adequately responded to your questions. If not or if there are further questions on this matter,please feel free to contact me. Thank you very much! Sincerely, V 'w SIDNEY M.FUKE PIanning Consultant Enclosures cc Pastor Rick Nagaoka w/enclosures via email Please be informed that as landowners,we hereby authorize New Hope— Waikoloa and its planning consultant, Sidney Fuke, to process a Special Permit application for a proposed church on a 5+ acre portion of our property identified by TMK: 6-5-002: 017 portion. w.� v zl NAME: TITLE: ' 'DATE BABCOCK LAND CORP -� NA TITLE: DATE MURRAY FOUNTAIN,LLC (Title) (Date) NA E: TITLE: `iDATE EAGLE DEVELOPMENT COMPANY 0-- --------------------- UNF oaloE SCALE 1/8" V-0" NORTH TOTAL SF:6,937 SF AIA®ARCHITECTSNew Hope Waikoloa 100E St S,,ta 30 0 FLOOR PLAN --d,Sp,---d,80903 Waikoloa Road, Hawaii County,Hawaii New Waikoloa SCHEMATIC DESI SITE CONCEPT PUN oil / / mom' •. CHURCHES 1 space PerN,55i oiNG `\ `\�cJ rD44 / ` , / RECREATIONF(rCILRIES, \ �` / O� / OUTDOOR OR INDOQR,OTHER _ / THAN HEREIN SPECIFtEq one far \ �/ �`/(�,/ each two hundred square feel of-. �� %/ ��`/�/ gross ilograrea,plus three per couit' \ , / tracqueflalt�ennisorsimilar _ SFT ` ' � Ni b" I. resessFlzoos�7.sso k</NF�� .I I � WATER n a��. � EASEMENT / M aa _ rrr 392 •,, _ '\- DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: July 21, 2023 TO: Zendo Kern, Planning Director FROM: Department of Public Works, Engineering Division SUBJECT: Special Permit Application (PL-SPP-2023-000042) Applicant: New Hope — Waikoloa Request: To Allow for a Church and Related Uses Tax Map Key: (3) 6-8-002:017 (por.) We have reviewed your submittal dated June 22, 2023 and offer the following comments for your consideration: 1. All activities shall comply with the requirements of Hawaii County Code (HCC), Chapter 10, Erosion and Sedimentary Control. 2. All development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works, Engineering Division. 3. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. 4. All driveway connections and construction within Waikoloa Road shall conform to Chapter 22, County Streets, of the Hawaii County Code. Access to Waikoloa Road, including the provision of adequate sight distances, shall meet with the approval of the Department of Public Works, Engineering Division. Questions may be referred to Robyn Matsumoto at 961-8924. Planning Dept. Exhibit 2 County of Hawaii is an Equal Opportunity Provider and Employer JOSH GREEN, M.D. E of H KENNETH S. FINK, M.D, MGA, MPH GOVERNOR OF HAWAII DIRECTOR OF HEALTH KE KIA'AINA0 KA MOKU'AINA0 HAWAI'I �y 95g 9. KA LUNA HO'OKELE STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: June 26, 2023 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Special Permit Application (PL-SPP-000042) Applicant: New Hope- Waikoloa Request: To Allow for a Church and Related Uses TMK: 6-8-002:017 (por.), South Kohala, 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: hllps://health.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. 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 Planning Dept. Exhibit 3 Zendo Kern June 26, 2023 Page 2 of 4 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: hgl2s://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: hLtps:Hhealth.hawaii.gov/cwb/clean-water-branch-home- page/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: hops://health.hawaii.gov/el2o/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 hllps:Hhealth.hawaii.gov/irhb/asbestos/. Safe Drinking Water Branch 1. Agencies and/or project owners are responsible for ensuring environmental 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 Zendo Kern June 26, 2023 Page 3 of 4 Safe Drinking Water program: https://healtli.hawaii.gov/sdwb/. 2. Standard comments for the Safe Drinking Water Branch can be found at: hops://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: hM2s://health.hawaii.f o�v/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 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 Zendo Kern June 26, 2023 Page 4 of 4 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. JOSH GREEN,M.D. OF P ° h STATE OF HAWAI`I GOVERNOR y #%95g p` 9 OFFICE OF PLANNING SYLVIALUKE -- LT.GOVERNOR & SUSTAINABLE DEVELOPMENT MARY ALICE EVANS ACTING DIRECTOR o 235 South Beretania Street,6th Floor, Honolulu, Hawai'i 96813 Telephone: (808)587-2846 ' = "o° °_e � Mailing Address: P.O. Box 2359, Honolulu, Hawai'i 96804 Fax: (808)587-2824 Web: https://planning.hawaii.gov/ DTS202306230932NA Coastal Zone Management Program July 18, 2023 Environmental Zendo Kern, Director Review Program Planning Department Land Use County of Hawaii Commission 101 Pauahi Street, Suite 3 Land Use Division Hilo, Hawaii 96720 Special Plans Dear Mr. Kern: Branch State Transit- Subject: Special Permit Application (PL-SPP-2023-000042) Oriented Applicant: New Hope - Waikoloa Development Request: To Allow for a Church and Related Uses Statewide Tax Map Key: (3) 6-8-002:017 (por.) South Kohala, Hawaii Geographic Information System Thank you for the opportunity to comment on the subject application. Statewide Sustainability Branch New Hope Waikoloa proposes to establish a church and related uses on a 5.012- acre portion (Permit Area) of a 2,153-acre parcel. The entire parent parcel is in the State Agricultural District and an A-5a agricultural zone under Hawaii County zoning. Churches are not allowed in the State Agricultural District or in the County A-5a zone unless a Special Permit is approved. Proposed Project and Need New Hope Waikaloa currently has its office and conducts services at the Waikaloa Highlands Shopping Center. Services are conducted on Sundays from 9:30 a.m. through noon with a maximum congregation of 100 people. The Church's growing appeal requires that it relocate. The Applicant is in the process of purchasing the Permit Area which is currently vacant and used intermittently as pasture. The Applicant plans to build an approximately 7,000-square-foot single-story structure that will include a sanctuary, three classrooms, and spaces for an office, storage, media room, nursing room, and restrooms. In addition, 94 parking stalls are planned, as well as a children's play area adjacent to the structure. Construction is expected to cost approximately $3 million, including site preparation, access improvements, and water and wastewater improvements. The Applicant anticipates that the new facility will allow Sunday services to accommodate up to 200 people. Sunday services will continue to be from 9:30 a.m. through noon. Other activities during the week will include Bible study, Planning Dept. Exhibit 4 Mr. Zendo Kern July 18, 2023 Page 2 prayer groups, and other church-related gatherings. These groups currently consist of approximately 10 people each. They typically start at 7:00 p.m. or earlier and end at 9:00 p.m. The Applicant anticipates that this amount will increase to as many as 40 people at the new facility. The Applicant also hosts youth nights on Friday evenings, generally up to 10:00 p.m. Approximately 20 youth attend these events on average. It is anticipated that this number will increase to 40 youth. In addition, occasionally, special events such as weddings, memorials, etc. will occur. Permit Area History The Permit Area has no history of regular agricultural use. It was once owned by the Parker Ranch and used intermittently for cattle grazing. In 1943, the U.S. Military took control of over 130,000 acres, including the Permit Area, for live-fire training exercises. In September 1946, the land was returned to Parker Ranch, and eventually purchased by the current owner. Prior to returning the land, the U.S. Department of Defense did some cleanup, but nevertheless, Unexploded Military Ordnance (UXO) have been found in various areas, including near homes in Waikoloa Village. The Permit Area is in a"high risk" area according to the U.S. Military's Formerly Used Defense Sites (FUDS)program that assesses potential risk in the 130,000-acre former military exercise area. Consequently, the Applicant will consult with the U.S. Army Corps of Engineers for support in detecting and removing any UXO from the Permit Area prior to any ground disturbance. Agricultural Quality and Surrounding Uses Soil in the Permit Area is rated "E" under the Land Study Bureau (LSB)productivity rating system, and "unclassified" on the Agricultural Lands of Importance to the State of Hawaii (ALISH) Map. The surrounding agricultural lands are also rated "E". The Permit Area is located at the western end of the parent parcel, bounded by Waikaloa Road to the south and the western boundary of the parcel. The County General Plan Land Use Pattern Allocation Guide map designates the site as "Extensive Agriculture", and the South Kohala Community Development Plan identifies the Permit Area as an area where the existing A-5a zone should be retained. However, there is no agricultural activity surrounding the Permit Area. Waikoloa Stables is adjacent to the Permit Area on the west. Lands across Waikaloa Road from the Permit Area are zoned RA-la, and is the proposed site of the rural-residential Waikoloa Highlands subdivision. Less than one-half of a mile from the Permit Area is the Waikaloa Highlands Shopping Center, the Waikoloa Village Golf Club, and the Waikoloa Village residential subdivision. The Permit Area is in Flood Zone X, more than seven miles from the shoreline and not in the Special Management Area(SMA). Mr. Zendo Kern July 18, 2023 Page 3 Archaeological and Biological Assessments An archaeological assessment of the Permit Area was prepared for the Applicant. The assessment did not identify any archaeological sites or features, and no further archaeological work was recommended. No professional fauna or flora survey of the Permit Area was conducted. Instead, the Applicant referred to the Environmental Impact Statement(EIS) for the adjacent Waikoloa Highlands project that was approved in May 2007. The EIS found no endangered or threatened animals or plants in the area. Public Services and Infrastructure Potable water to the Permit Area will be supplied by the West Hawaii Water Company, a private water provider. Wastewater disposal will be managed with the installation of an Individual Wastewater System (IWS). Stormwater will be retained on site, likely by directing stormwater to a drywell. Solid waste will be handled by a private waste hauler. The Permit Area has access to County services such as police, fire, and medical services. The Permit Area fronts Waikoloa Road with one access point. Waikoloa Road is a two-lane County road and a major mauka-makai connector between two State highway facilities, Mamalahoa Highway and Queen Kaahumanu Highway. The Applicant estimates that the project will generate 25 to 50 vehicle trips on Sunday mornings. Other church-related activities also occur outside of the a.m./p.m. peak traffic hours, and are expected to generate less than 20 vehicles trips. Therefore, the Applicant concludes there will be no adverse traffic impacts. OPSD Comments The Office of Planning and Sustainable Development(OPSD) offers the following comments: 1. The Applicant should indicate whether the State Historic Preservation Division concurs with the archaeological report's recommendation that no further archaeological work is necessary. 2. The Applicant acknowledges the Hawaii Supreme Court's Ka Paakai decision and states that, "It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by native Hawaiians." The Applicant should consult with native Hawaiian organizations and community representatives to verify whether cultural or traditional practices, including gathering of plants, were or are being exercised in or in the vicinity of the Permit Area. 3. The Applicant should consult with the State Department of Transportation on whether the project will impact State highway facilities. The Applicant's estimate of 25-50 vehicle Mr. Zendo Kern July 18, 2023 Page 4 trips on Sunday mornings and less than 20 vehicle trips during other times appears to conflict with the Applicant's expectation that Sunday morning services may attract up to 200 people and other weekly activities may draw up to 40 people. 4. The Applicant states that, "The subject site is not situated within the County Special Management Area (SMA). However, as the entire island falls within the SMA..." (Application,pg. 10.) OPSD agrees that the Permit Area is not within the County SMA, however, it appears that the Applicant meant to say that the entire island falls within the Coastal Zone Management(CZM) area, not the SMA, a more narrowly delineated area along the coastline. 5. Other than the concerns noted above, the Project appears to be an appropriate candidate for a County Special Permit under Hawaii Administrative Rules (HAR) §15-15-95: • The Permit Area land is rated "E" by the LSB, of relatively poor quality, and there are acres of similar quality agricultural lands available; • There are no threatened or endangered species present in the Permit Area; • The Permit Area is approximately 7 miles from the coastline and not in the Special Management Area, and there are no streams or sensitive bodies of water in or near the Permit Area; • The Project does not appear to contradict the objectives of Hawaii Revised Statutes (HRS) Chapters 205 and 205A; • Most of the surrounding lands are either vacant, undeveloped land or commercial and residential uses; therefore, the Project would not appear to adversely impact surrounding properties; • The Project does not appear to constitute an unreasonable burden to public agencies for water, schools, fire, or police services; and • The church appears to provide a needed community facility in the area and is an "unusual and reasonable use". Thank you for the opportunity to provide these comments. If you have any questions,please contact Aaron Setogawa at(808) 587-2883 or at aaron.h.setogawa@hawaii.gov. Mahalo, m 0 U-Eora,S Mary Alice Evans Interim Director JM�Vus Mitchell D.Roth '�� y ', Ramzi I.Mansour Director Mayor . Brenda Iokepa-Moses Lee Lord ��I OF.H'1d Managing Director Deputy Director County of Hawai'i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a Street,Suite 41 •Hilo,Hawai'i 96720•cohdem@hawaiicounty.gov Ph: (808)961-8083 • Fax: (808)961-8086 MEMORANDUM TO: Zendo Kern, Director Planning Department FROM: Ramzi I. Mansour, Direct(*- Department of Environmental anagement DATE: July 13, 2023 SUBJECT: Special Permit Application(PL-SPP-2023-000042) Applicant: New Hope—Waikoloa Request: To Allow for a Church and Related Uses Tax Map Key: (3) 6-8-002:017 (por.); South Kohala, Hawaii The Solid Waste Division has reviewed the subject application and has no comments. The Wastewater Division has reviewed the subject application and provides the following comments (contact the Wastewater Division for details): • No County sewer system in area. Applicant shall follow Hawaii Department of Health, and all other applicable federal, state, and county regulations. Planning Dept. Exhibit 5 County of Hawai'i is an Equal Opportunity Provider and Employer HAWAII FIRE DEPARTMENT . COUNTY OF HAWAII . HILO,HAWAII 96720 DATE June 29, 2023 Memorandum TO CHRISTIAN KAY, COUNTY OF HAWAII, PLANNING DEPT. FROM CAPTAIN CLINTON BAYBAYAN, FIRE PREVENTION BRANCH SUBJECT: NEW HOPE-WAIKOLOA, NEW CHURCH(PL-SPP-2023-000042) 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 17 of the Hawaii County Code. For any questions, please email Clinton.Baybayan2hawaiicountygov or call 808-323-4761. Respectfully Submitted, Z::f� gff\�_ Clinton Baybayan Fire Prevention Captain Fire Prevention Branch Hawaii Fire Department Planning Dept. Exhibit 6 Vitchell 1). Roth *. Begjantlin 'r. Moszkor►icz •• 'kl County of Hawai` i POLICE DEPARTMENT Q)H PLrINNING O'EPT 349 kciprolani Street • I hlo.I lamai i 1J67?0-31)1)9 JAIL 6 2023 AMW'02 (808)9+�-3i1 1 Fax(808)961-2;89 June 29, 2023 TO ZENDO KERN, PLANNING DIRECTOR FROM A B POLICE CHIEF SUBJECT : SPECIAL PERMIT APPLICATION (PL-SPP-2023-000042) APPLICANT: NEW HOPE — WAIKOLOA REQUEST: TO ALLOW FOR A CHURCH AND RELATED USES TAX MAP KEY: (3) 6-8-002:017 (POR.); SOUTH KOHALA, HAWAI'I This is in response to your memorandum dated June 22, 2023 regarding the above- referenced Special Permit Application. Staff has reviewed the application and has the following comments to offer at this time: On page 15 of the application, under section F. Other Government Services: The application states that "Police protective services are provided from the Waimea station, approximately 10 miles away. There is, however, a small substation in Waikoloa located near the golf course. " We offer the comment that the proposed site is situated approximately 18 miles from the Waimea Police Station via the shortest drivable route. Also, the Hawaii Police Department's South Kohala District no longer maintains a sub-station in Waikoloa Village. Should you have any questions or concerns, please contact Captain Jeremie Evangelista, Commander of the South Kohala District, at (808) 887-3080. ICE 23HQ0820 Planning Dept. Exhibit 7 "f Iaxvai'i County is an Equal Opportunity Provider and Fmployer' South Kohala Traffic Safety Committee P.O.Box 2874 Kamuela,HI 96743 SKTSCsecretary@gmail.com July 21,2023 County of Hawaii,Planning Department 101 Pauahi Street,Suite 3 Hilo,Hawai'i 96720 Attention: Director Zendo Kern Subject:Special Permit Application(PL-SPP-2023-000042) Applicant: New Hope-Waikoloa Request:To Allow for a Church and Related Uses Tax Map Key: (3) 6-8-002:017 (por.);South Kohala,Hawai'i Aloha Director Kern, The South Kohala Traffic Safety Committee (SKTSC)is grateful to be a part of this process,providing an opportunity for community members to weigh in on projects that may impact traffic safety in South Kohala. Unfortunately,the South Kohala Traffic Safety Committee was unable to convene and receive public comments during the submission period for the identified project. Waikoloa Road is a major connector road for Hawai'i Island.Current roadwork along Waikoloa Road aims to improve the failing road surface and a future project is slated to enhance safety at the Waikoloa Road and Paniolo Avenue intersection.However,no work has been identified to increase the capacity of Waikoloa Road or add additional safety features that would improve access to parcels along Waikoloa Road,including but not limited to center turning lanes.While the project application notes limited vehicle traffic at specific days and times of the week,the lack of road safety features on a busy highway corridor that limits congestion and enhances ingress/egress maneuvers needs to be considered.Appreciation can be given for the limitation of access to the subject property,reducing the points of contact for vehicles and pedestrians.SKTSC would urge the incorporation of a Traffic Impact Analysis Report as part of the application to provide a more comprehensive understanding of traffic impacts from the proposed project and an overview of road network conditions. Thank you for allowing the South Kohala Traffic Safety Committee an opportunity to comment and weigh in on this project.Please feel free to contact me with any questions at sktscsecretary@gmail.com. Mahalo, James Hustace,Chairman South Kohala Traffic Safety Committee Planning Dept. Exhibit 8 WAIK0! +VILLAGE 68-1792 MELIA STREET P.O. BOX 383910 WAIKOLOA, HAWAII 96738 www.waikoloa.org SENT VIA EMAIL TO: planning Lwhawaiicountyggv July 21, 2023 Leeward Planning Commission County of Hawaii, Planning Department 74-5044 Ane Keohokalole Highway Kailua-Kona, HI 96740 Re: Special Permit Application (SPP 2021-00003) Proposed Church and Related Uses Applicant: New Hope—Waikoloa Waikoloa, South Kohala, Hawai'i, Tax Map Key 6-8-002: 017 portion To Whom it May Concern: The Waikoloa Village Association supports New Hope-Waikoloa's Special Permit Application, however, provides the following comments on the application. While it is anticipated that our concerns will be addressed through the Leeward Commission's review of the application and Permitting process upon the Special Permit being approved, the following are noted: 1. Noise Mitigation: On Figure 4 in page 7 of the Special Permit Request, the area north of the fence line above the tree is where a dozen horses are boarded in the open pasture. The horses are part of a trail riding business. The proximity of the church directly mauka of this pasture will likely create a great deal of construction noise that will be disruptive to the daily well-being of the horses boarded there. While we do not have the ability to board the horses elsewhere during the entire construction project, we may be able to move them to a different area for a few hours during particularly loud construction periods such as the use of drilling equipment. We request to be given notice of any extraordinarily loud periods of construction in order for us to relocate the horses to reduce the impact on the horses. 2. Dust Mitigation: Also, due to the close proximity of the horses to the construction site, we would appreciate all efforts to minimize the amount of dirt and dust blowing directly Planning Dept. Exhibit 9 Administration Go f Club Tennis Environmental Control Pool Facsimile (808)883-9422 (808) 883-9621 (808)883-9622 (808)883-8888 (808) 883-9704 (808)883-9246 Special Permit Application (SPP 2021-00003 July 21, 2023 Page 2 of 2 into the pastures and buildings makai of the proposed church property. Waikoloa Stables provides therapeutic riding, riding lessons, horse camps and trail rides for the local community and surrounding areas. These programs make use of the different arenas and adjoining open land on the property which are subject to the elements due to the strong trade winds that typically blow in this area. We request that mitigation efforts be used to control blowing dirt and dust during the construction and that a barrier, such as a berm, be used for more permanent control. 3. Water Drainage Mitigation: Page 19 of the Special Permit Request identifies the potential of the impervious surfaces increasing the concern for increased water runoff. The land comprising Waikoloa Stables is already subject to and impacted by large run-off issues during heavy rain. The runoff creates gullies and channels through the closest arena and paddock areas, and also flows through the open Pole Barn where additional horses are boarded. It is imperative to do whatever is necessary to reduce the increased risk of run-off during the construction period as well as upon completion of the project. Coordination of efforts will likely decrease the impact of the construction phase for both the builders and Waikoloa Stables. 4. Future Development of the Parcel: The current application encompasses approximately 2/51h of the 5-acre parcel. As it is unknown at this time what plans the New Hope-Waikoloa Church has for the development of the remaining land area, the Waikoloa Village Association desires to insure that prior to any approval being provided, for the further development of the parcel, members and residents of Waikoloa Village be provided the opportunity to comment the development plans. Respectfully submitted, On behalf of the Board of Directors Roger hrsig General Manager Waikoloa Village Association Email: gmLwvagolf.com Phone: (808) 895-7102 COH PLf4NNI,NG EBEPT9 of WATERS UL 252 P3:2J 023 , 19 .. ..AW...... DEPARTMENT OF WATER SUPPLY - COUNTY OF HAWAVI OP H 345 KEKLIANACYA STREET, SUITE 20 - HILO, HAWAI'l 96720 TELEPHONE (808)961-8050 - FAX(808) 961-8657 July 24, 2023 TO: Mr. Zendo Kern, Director Planning Department FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Special Permit Application (PL-SPP-2023-000042) Applicant: New Hope—Waikoloa Request: To Allow for a Church and Related Uses Tax Map Key (3) 6-8-002:017 Portion We have reviewed the subject application and have no objections to the request. Please be informed that the water system in this area is privately owned and operated. The applicant should contact the private water system owner for any conditions or requirements. Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at (808) 961-8070, extension 256. Sincerely yours, "I �Wqls Keith K. Okamoto, P.E. Manager-Chief Engineer RQ:dfg copy — New Hope— Waikoloa Babcock Land Corporation Planning Dept. Exhibit 10 . . . Water, Our 91,lost fteciousResource. . . Ka Wai,4 Kane . . . The Department of Water Supply is an Equal Opportunity provider and employer. SidneyFuke, Planking Consultant P.O.Box 1345 •Hilo,Hawai'i 96720 -Planning-Variance-Zoning Cell:(808)989-0840 -Subdivision-land Use Permits E-mail:sidneyfuke@gmail.com •Environmental Reporls July 31, 2023 Mr. Zendo Kern,Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street Hilo, HI 96720 Dear Mr. Kern: Subject: Special Permit Application (PL-SPP-2023-000042) Applicant: New Hope—Waikoloa Waikoloa South Kohala TMK: 6-8-002: 017 Por This is in response to agency comments to date regarding the subject matter. In response to those comments,please note the following: a. County Police Department: The Department noted that there no longer is a substation in Waikoloa Village and that the actual distance between Waimea and Waikoloa is 18 and not approximately 10 miles away. We appreciate the correction. Notwithstanding those corrections, it does not change the fact that the proposed church will be located on the outskirts of Waikoloa Village, an area that already has or needs to be serviced. As such, the proposed use will not result in the need to have County services extended to an unserved area. Further,the proposed church is intended to improve the facilities of its members,most of whom live within the Village. b. Co un Fire Department: The requirements of the Fire Department to address fire access and fire suppression measures will be adhered to and finalized during the building permit process, Without the Fire Department's approval, the building permit for the project cannot be issued. c. County Department of Environmental Management: The Solid Waste Division had no comments. The Wastewater Division noted that there is no County system in the area and as such, it must adhere to the requirements of the State Department of Health, which the applicant intends to do. d. State Department of Health: The agency noted the necessity to comply with its noise and fugitive dust requirements. The applicant and/or its contractor will comply with those requirements. Further, in the event drywells are needed to address site-generated water, the permit requirements of the National Pollutant Discharge Elimination System (NPDES)will be secured. The project's wastewater will be designed and implemented in a manner meeting with the requirements of the State Department of Health—Wastewater Branch. The applicant is currently proposing the use of septic systems. Planning Dept. Exhibit 11 Mr. Zendo Kern,Director July 31, 2023 Page 2 Department of Public Works: Please be assured that all development-generated water will be disposed off on site and not directed toward adjacent properties in accordance with a DPW- approved system, which may include drywell(s). In the event drywell(s) are used,the appropriate Underground Injection Control ("UIC")and National Pollutant Discharge EIimination System (NPDES)permits will be secured. The drainage plans will be reviewed and approved in conjunction with the Plan Approval process and, subsequently, the building permit processes. Likewise,prior to construction of the project, a grading and/or grubbing permit will be secured from,the DPW at which time plans will be reviewed to assure conformity with the appropriate regulations. Further, the driveway access, including the required sight distances, will be provided in accordance with the requirements of the DPW. We trust that the above adequately responded to agency comments to date. If not or if there are further questions or comments on this matter,please let me know. Thank you very much. Sincerely SIDNEY M. FUKE Planning Consultant Copy—Pastor Rick Nagaoka,New Hope—Waikoloa w/agency comments via email W SidneyFuke, Planning Consultant /� P.O.Box • f lawai r 9672t7 Cell:(808)98 989-Q640E4p •Planning•Variance•Zoning AW� E-mail:sidneyfuhe@gmail.cam subdivision•Land Use Permits •Environmental Reports July 31,2023 Mr.Zendo Kern,Director Planning Department COUNTY OF HAWAFI 101 Pauahi Street Hilo,HI 96720 Dear Mr. Kern: Subject: Special Permit Application (PL-SPP-2023-000042) Applicant: New Hope—Waikoloa Waikoloa South Kohala TMK: 6-5-002: 017 Por This is in response to comments from the State Office of Planning and Sustainable Development("SOP") and the South Kohala Traffic Safety Committee("SKTSC")entered into EPIC regarding the subject matter. Relative to the comments from the SOP: I. An Archaeological Assessment("AA")that was prepared by Kualaiwi Archaeology, LLC was included in the application. The AA noted the absence of any archeological sites and recommended no further archaeological work. As is the current practice,the State Historic Preservation Division("SHPD")no longer reviews any archaeological report, except in conjunction with a land use application—like this—that is forwarded by the agency to SHPD for its review and comment. To date,we have not received any word of SHPD's comments on the AA. It is not known whether SHPD's comments will be received prior to the Leeward Planning Commission's deliberation on this application; nonetheless,given the consulting archaeologist's finding plus the need for SHPD to sign off on any land disturbance permit, there should be adequate protection of the site's archaeological resources, if any. 2. Neither the applicant nor the landowner has witnessed or observed the gathering of any plants or cultural or spiritual practices on the subject site. As noted in the application,in the event there are such legitimate claims,the applicant will work to address them with the claimants by providing needed access and modifying the design/location of the proposed improvements as may be needed. 3. Waikoloa Road is a.County-owned road. The nearest State Highway would be at the Road's intersection with the Mamalahoa Highway (Highway 190) and the Queen Ka'ahumanu Highway (Highway 19). In terms of the traffic impacts, which will be discussed in conjunction with the response to the SKTSC's comments. Planning Dept. Exhibit 12 Mr.Zendo Kern, Director July 31,2023 Page 2 4. We agree with SOP's continents on the distinction between the area being within the County SMA and State Coastal Zone Management area. 5. Finally,the SOP, after reviewing the request against the guidelines for a Special Permit concluded that the "Project appears to be an appropriate candidate for a County Special Permit.... " Relative to the comments of the SKTSC,the applicant concurs that Waikoloa Road is one the major connector roads between the Mamalahoa Highway and Queen Ka'ahumanu Highway. As noted in the applicant's submittal,Waikoloa Road is one(1)of four(4)connector roads between Waimea and Kailua-Kona, the others being Kawaihae Road, Ka'iminani Drive, and Hina Lam Drive. The SKTSC also noted that having a Traffic Impact Analysis Report("TIAR") "would provide a more comprehensive understanding of traffic impacts from the proposed project and an overview of road network conditions. " The applicant does not disagree that having a TIAR and perhaps other-tedmical studies like a botanical analysis, noise and air quality analysis, ground water impact, and the like is ideal. However, in this case,the applicant does not believe that such a costly and involved study is necessary for a project of this nature for a number of reasons. For one,the applicant is already conducting its services and related activities at the Highland Shopping Center within Waikoloa Village, an area that is significantly more congested than its proposed location. In so doing, its relocation should help mitigate this congestion. Further, as noted in the applicant's response to some of the public comments on this issue, "on any given Sunday at the current location, the church averages around 80 people, including children, who arrive in about 20-25 cars or an average of 3-4 peoplelear over a 30-45 minute period. Based on a projected congregation of 200 people, the applicant believes that there should be about 50-60 cars entering the property over a 30-45 minute period Unlike a drive-through eatery, there should be few, if at all, cars queuing to enter the site. "Then, too, movements will occur on Sunday morning and on a day and at a time which does not conflict or overlap with the normal Monday-Friday, 6:30om to 5:30 am, workday traffic. As such, makai bound traffic on Waikoloa Road should be quite intermittent and less, resulting in less conflicts for left-turn movements into the proposed site. " The access must be reviewed and approved by the County Department of Public Works ("DPW"). The DPW will review the location of access to make sure that there is adequate sight distance(and in this area, it should not be a problem as the road is fairly straight)and safe ingress and egress. Then,too,with the recent installation of speed humps in this area resulting in reduced speeds, safe ingress and egress from the site should more so be less problematic. Mr. Zendo Kern,Director July 31, 2023 Page 2 On the matter of the Paniolo Drive and Waikoloa Road intersection, a roundabout is in the works, with an anticipated bid within the next 12-1 S months and a possible completion in 2026-2027. As noted in the letter responding to public comments, "The applicant maintains that since the majority ofthe churchgoers will be froth the Village, traffic movements and impacts at the intersection—whether at its current or proposed location—should not be significantly altered. If anything, it should help as it shifts some movements away from the already congested Highlands Shopping Center, which is located near the intersection. " It should be noted that neither of the reviewing agencies that have traffic safety in mind (Police Department and DPW-Engineering)—asked for a TZAR. The Police Department only noted the location of its nearest facility (Waimea) and abandonment of its substation in Waikoloa Village,while the DPW noted that access and sight distance requirements must conform to the County Code, Chapter 22, County Streets. Finally,we would like to note that in the event the applicant wishes to expand the church intends to expand the use of the project by including a large outdoor gathering area or a school, the Special Permit will need to be amended. At that time,if deemed necessary, a TIAR or Traffic Assessment could be prepared. We trust that the above adequately responded to comments from the SOP and SKTSC. If not or if there are further questions or comments on this matter,please let me know. Thank you very much. msm celely, SIDNEY M. FUKE Planning Consultant Enclosure Copy—Pastor Rick Nagaoka,New Hope—Waikoloa w/agency comments via email Araujo, Jaclyn From: Bob Farrell <waikikibobhawaii@gmail.com> Sent: Friday, June 23, 2023 2:46 PM To: Planning Internet Mail Cc: Bob@WaikikiBob.com Subject: Comments on construction of New Hope Church and App. No. PL-SPP-2023-000042 for New Hope-Waikoloa on TMK: (3) 6-8-002:017 Aloha, and mahalo for taking the time to consider my comments, as follows: 1. Traffic: a considerable number of cars will be coming from Waikoloa Village and the coastal resorts and will be making a left-hand turn into the church parking area at times. To mitigate the effects of this left-turn blockage on the one lane eastbound lane on eastbound traffic, a long left turn lane should be added to Waikoloa Road prior to or during construction. 2. A decibel for church-related activities, including church bell ringing and other normally loud activities, should be set low enough to residences along and adjacent to Paniolo Avenue. 3. Beyond these two considerations, I look favorably on this addition to Waikoloa Village. Aloha, Bob (Bob@waikikiBob.com) Planning Depi. Exhibit 13 Araujo, Jaclyn From: Kathy Awai <kathyawai46@gmail.com> Sent: Friday, June 23, 2023 4:11 PM To: Planning Internet Mail Subject: New Hope Church For me it's a big NO. NOT until something is completed to ease traffic flow and safety of the four corners area. Waikoloa Rd is already jammed up and dangerous. With all the new apartments coming up and a hotel on top of all that,Waikoloa Rd will become a "traffic snarl" and dangerous to an already dangerous area. Should there be a fire or disaster of any sort and church functions going on, it will only impact the area even more. The way I'm reading the placement on the map, it impacts traffic on Waikoloa Rd. and Paniolo Dr. Sincerely, Kathy Awai Kathy EAwai,Realtor(S)ABR License #RS 58375 Hawaii Life Real Estate Brokers Direct: 808 938-6864 Today's weather in Waikoloa HawaiiLife.com I kathu(Aawaiilife.com 69-201 Waikoloa Beach Dr,Suite 2F14 Waikoloa Beach Resort,HI 96738 Planning Dept. Exhibit 14 Araujo, Jaclyn From: nancy martin <nancysue41 @gmail.com> Sent: Friday, June 23, 2023 2:41 PM To: Planning Internet Mail Subject: Waikoloa Please ignore the Whiners. We got a boatload of Cry Babies here in Waikoloa, after they fled the mainland during the pandemic. Thank you, Nancy. Sent from my iPhone Planning Daps. Exhibit 15 Araujo, Jaclyn From: Pam Partain <pgpartain@aol.com> Sent: Friday, June 23, 2023 2:39 PM To: Planning Internet Mail Subject: Fwd: Request for Comments on App. No. PL-SPP-2023-000042 for New Hope- Waikoloa on TMK: (3) 6-8-002:017 Hello, I was just wondering how many of the parking spaces will be designated for EV Charging stations? I feel it would be less expensive for them to be installed with the initial development rather than added later by the date required by the State. Just a thought since I only saw mention of disabled parking spaces in the application documentation. Thank you, Pam Partain -----Original Message----- From: Waikoloa Village Association (Replies Not Accepted) <noreply@waikoloa.org> To: pgpartain@aol.com Sent: Fri, Jun 23, 2023 1:45 pm Subject: Request for Comments on App. No. PL-SPP-2023-000042 for New Hope-Waikoloa on TMK: (3) 6-8-002:017 The following solicitation for comments has been requested by the County of Hawaii. Should you be interested please review and provide your comments directly to the county. Aloha, Please see the attached memo requesting your review and comments on the subject application. Link to review the application in the County's web-based EPIC system can be found below: • Special Permit Application We kindly ask that you submit your comments to plan ningCcDhawaiicounty.gov no later than July 21, 2023. Should you have any questions, please feel free to contact to Planner, Christian Kay at (808) 961-8136. Thank you. Melissa Dacayanan-Salvador Windward Planning Commission County of Hawaii, Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawai'i 96720 Phone: (808) 961-8156 Fax (808) 961-8742 Email: Melissa.Dacayanana-hawaiicounty.gov Planning Dap;. Exhibit 16 1 Araujo, Jaclyn From: Ruth Bernstone <rbernstone@hawaii.rr.com> Sent: Friday, June 23, 2023 6:11 PM To: Planning Internet Mail Cc: Rep. Cindy Evans Subject: New Hope Church Their plan seems to have attempted to address all the possible objections from the community. I have concerns about two problems. First, they claim traffic won't be affected, but the potential 200 churchgoers on Sunday morning, holidays and any other events they have, coming and going, will cause considerable congestion. Why don't they have to put in a turn lane, as the library site several years ago would have been required to do? The location, as they mention, is one that was suggested on the Waikoloa Community plan to be kept zoned agricultural. This project will probably start a trend that will end up giving other commercial buildings an excuse to be able to continue building up the north side of Waikoloa Road, and change the open space, rural nature of this area. Thank you for asking for our input. Ruth Bernstone 68-3616 Haena Street Waikoloa, HI Sent from my iPad Planning Dap'.. Exhibit 17 1 Araujo, Jaclyn From: Andre Hassid <ahnikon@gmail.com> Sent: Saturday, June 24, 2023 10:34 AM To: Planning Internet Mail Subject: New Hope Church. PL-SPP-2023-000042) No objection to the church so long as they only have subdued night lighting that only points down. The lighting that was installed at Waikoloa lofts was atrocious... looks like brightly lit Christmas tree. Anyway to fix that. All outdoor lights should point down. No need to light up the night skies. Sent from my iPad Andre Hassid This email is sent by Ipad which automatically inserts words it thinks I'm trying to type. Sometimes this may result in an odd out of context word if I fail to notice the inserted word is not the one I intended to type. Planning Dept. Exhibit 18 1 Araujo, Jaclyn From: Cliff Livermore <clifflivermore@icloud.com> Sent: Saturday, June 24, 2023 8:38 AM To: Planning Internet Mail Subject: Lights I am a permanent resident of waikoloa and an amateur astronomy enthusiast I am concerned about light politikon I am hopefully that this site will have proper light controls!! Thank you Sent from my iPhone Planning Dept. Exhibit 19 1 Araujo, Jaclyn From: Mary Christa Smith <marychristasmith@gmail.com> Sent: Saturday, June 24, 2023 3:17 AM To: Planning Internet Mail Subject: Request for Comments on App. No. PL-SPP-2023-000042 for New Hope-Waikoloa on TMK: (3) 6-8-002:017 To whom it may concern, I am writing to provide public comment on App. No. PL-SPP-2023-000042 for New Hope-Waikoloa on TMK: (3) 6-8-002:017. 1 am not in support of special permit that would amend the land use from agriculture to commercial. • Agricultural land is precious and should not be converted to commercial uses. All new commercial uses should take place in zones already designated for that purpose. • We need to address availability of water and sewer services before we expand development on the island of Hawai'i. • The road is high speed and dangerous - this is not a good location to be entering the roadway. Thank you for consideration of my comments. Gratefully, Mary Christa Mary Christa Smith She/Her marychristasmith(a gmail.com 435-640-9189 Planning Dept. Exhibit 20 1 Araujo, Jaclyn From: Jennifer Tanaka <jen@jentanaka.com> Sent: Sunday, June 25, 2023 10:43 AM To: Planning Internet Mail Subject: Re. Request for Comments on App. No. PL-SPP-2023-000042 for New Hope- Waikoloa on TMK: (3) 6-8-002:017 Aloha Planning Department, The application packet states: "Given the proposed use, the wastewater demand should be comparable to four (4) residential units on Sunday, with the balance of the week comparable to or less than a single dwelling." However, the applicants anticipate that a Sunday service will reach 200 people. I don't know of any residential units that house 50 people. But if the applicants undersize their system, at least it shouldn't impact the service to Waikoloa Village residents and businesses. Who in the County will be responsible for design review? Other that the 30' height specified, how will the appropriateness of the building design for the area be assessed? Other than that, I think this project would be a good use of largely unused space and will serve the community. Mahalo, Jennifer JENNIFER N TANAKA Coldwell Banker Island Properties -� REALTOR@, RB-23978 75-5799 Alii Drive, A3 t. Kailua-Kona, HI 96740 Cell: 808.938.6529 Office: 808.331.8200 jen@jentanaka.com jtanaka.is land properties.com Licensed in the State of Hawaii Proud to be a Coldwell Banker Island Properties Foundation Legacy Donor e•. 01 Community Deaatopmant @ Mousing kttainaeitity I Envleonmanlal Protection "We are very mindful of the confidential and privileged nature of our email communication.If you are not the intended recipient ofthis email,please delete and notify us immediately.Thank you!" Planning Dap . 1 Exhibit 21 Araujo, Jaclyn From: Alethea Lai <alethea@hula.net> Sent: Monday, June 26, 2023 3:48 PM To: Planning Internet Mail Cc: Greg Green; Jennifer Prater Green Subject: New Hope Church Special Permit Aloha, I live in Waikoloa and wanted to express some concerns about the New Hope Church special permit application and development. My main concern is traffic and the main intersection at Waikoloa located just below this proposed site. Whenever they have events/ on Sundays the main intersection is going to experience significant delays, and it already can barely handle the traffic. If there was an emergency of any kind during church events it could have a negative impact on the community's safety and ability to evacuate. If this proposal served a wider section of the community other than its congregants, I could see the benefits outweighing the traffic costs. Since it does not, I do not agree with a Church getting a special permit for such a limited community audience. Furthermore, the County has taken a strict stance about agricultural land not being developed for non-agricultural purposes, since this serves what amounts to a special interest group, until the County changes our zoning and updates the maps, I don't believe special interest groups should be favored. Thank you, Alethea Lai Planning Dept. Exhibit 22 1 Araujo, Jaclyn From: DAVID and KRIS LOCKARD <dave-n-kris@msn.com> Sent: Monday, June 26, 2023 7:43 PM To: Planning Internet Mail Subject: New Hope Waikoloa Yet another non-tax paying church!! This site is too close to the Waikoloa Stables, complicating water and sewage viability. When the church's future needs for more water, waste treatment, and space becomes a push and shove with the stables, the stables will lose because they'll be up against a church. This church will, at some point in time, need more room. That's why they want to build this facility in the first place. When I look mauka of the village, I want to see Mauna Kea, not a building! Surely there is a better place below the village and more accessible by folks from the beach area and Kawaihae rather than having to negotiate the intersection at Paniolo and Waikoloa Road. Kris Lockard 68-1754 Melia St, A209 Waikoloa 503 559-8506 Dave-n-kris@msn.com Sent from my iPhone Planning Dept. Exhibit 23 1 Araujo, Jaclyn From: LarryC <larryc_kona@yahoo.com> Sent: Monday, June 26, 2023 11:04 AM To: Planning Internet Mail Subject: New Hope Church Waikoloa Village Aloha: I am a full time resident of Waikoloa Village. My concern with the plans for the New Hope Church above Waikoloa Village Stables is lighting. Waikoloa Village is already light polluted with many violations of the County light ordinance already in existence. Please show us the lighting plan for the Church. My hope is the plan will comply with the County lighting ordinance. Mahalo, Larry Chang Planning Dep;. Exhibit 24 1 Araujo, Jaclyn From: Emily Wineman <emilywineman@me.com> Sent: Tuesday, June 27, 2023 8:51 AM To: Planning Internet Mail Subject: Request for Comments on App. No. PL-SPP-2023-000042 for New Hope-Waikoloa on TMK: (3) 6-8-002:017 Aloha, I am in favor of allowing New Hope Waikoloa to build their chapel &facility on the site proposed in Waikoloa. Mahalo, Emily Wineman Waikoloa homeowner and resident emilywineman@me.com 808-443-6206 The following solicitation for comments has been requested by the County of Hawaii. Should you be interested please review and provide your comments directly to the county. Aloha, Please see the attached memo requesting your review and comments on the subject application. Link to review the application in the County's web-based EPIC system can be found below: • Special Permit Application We kindly ask that you submit your comments to planning@hawaiicounty.gov no later than July 21, 2023. Should you have any questions, please feel free to contact to Planner, Christian Kay at(808) 961-8136. Thank you. Melissa Dacayanan-Salvador Windward Planning Commission County of Hawaii, Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawai'i 96720 Phone: (808) 961-8156 Fax(808) 961-8742 Email: Melissa.Dacayanan@hawaiicounty.gov Planning Dep-i. Exhibit 25 1 DeVera, Ashley From: Mark Gordon <mark.gordon333@gmail.com> Sent: Monday, July 17, 2023 7:52 AM To: Planning Internet Mail Subject: Comments on App. No. PL-SPP-2023-000042 for New Hope-Waikoloa on TMK: (3) 6-8-002:017 Thank you for the opportunity to comment on the proposed project. Overall, the description of the proposed project appears to be very positive for the community. Just a few comments. • Reinspect to ensure proposed development will not affect cultural and historical artifacts as is the SOPS done in construction projects. If any of these items are discovered, cease work immediately • Ensure that none of the proposed land would not have any future agricultural use • It is Critical that the US Corp of Army Engineers inspect the proposed site and surrounding areas for UXOs • Suggest the site use alternative energy as much as possible Thanks for the offer to share my comments Mark Gordon Waikoloa HI Planning Dap;. Exhibit 26 1 SSIdneyFuke, 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 July 24, 2023 Mr. Zendo Kern, Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street Hilo,HI 96720 Dear Mr. Kern: Subject: Special Permit Application (PL-SPP-2023-000042) Applicant: New Hope—Waikoloa Waikoloa,South Kohala, TMK: 6-8-002. 017 (Por) This is in response to public comments to date entered into EPIC regarding the subject matter. There were 13 public comments and one (1)from the Waikoloa Village Association ("WVA"). Of the 13,two (2)wrote in favor and did not raise any concerns. The comments and/or concerns of the remaining 11 and the WVA are distilled(with the applicant's response)as follows: I. Li htin : Three (3) comments were limited only to the potential for light pollution and the need to comply with the County's light ordinance. RESPONSE: As noted in the attached memorandum, dated October 12, 2020, from the Department of Public Works ("DPW"),the project must and will adhere to the County's light ordinance(Chapter 14,Article 9). These regulations are designed to keep the night sky clear and the stars visible,as well as to help address certain wildlife, like the Hawaiian Petrels or Newell's Shearwaters who can get distracted and disoriented by unshielded lighting after dark.. 2. Electrical Vehicle Stations: One wondered how many Electric Vehicle (EV) stations would be installed within the project. RESPONSE: The County of Hawaii recently amended the Zoning Code to require EV stations be installed. Chapter 25, Section 4-54.1 requires one (1) dual-port EV charger accessible to two (2)parking stalls for a project(like this)requiring at least 50 parking stalls if the Plan Approval application is received before December 31, 2023. If received after then and before December 31,2025,the requirement is doubled. The applicant will comply with this requirement. Given the projected number of parking stalls of 94, that would mean a minimum of four(4) stalls if by the end of this year and eight(8) stalls by the end of 2025. Planning Dept. Exhibit 27 Mr. Zendo Kern, Director July 24, 2023 Page 2 3. Construction and Operational Noise and Dust: The concern is that construction and church bell noise will be both a short-and long-term nuisance. Further, during the construction phase, noise and dust could have an impact on the adjoining stables. RESPONSE: Construction noise and fugitive dust must adhere to the requirements of the State Department of Health("DOH"). Notwithstanding that requirement,to further address potential noise impacts,the applicant will restrict heavy equipment construction activity to weekdays,no earlier than 8:00 am and no later than 5:00 pm. While the applicant generally does not use church bell, if it does,they would begin no earlier than 9:00 am and end no later than 5:00 pm. The residential decibel level of the State DOH will be adhered to once the church is operational. The requirement is 55 decibels during the day (7:00 am to 10:00 pm)and 45 decibels(10:00 am to 7:00 am) during the night. Further,the applicant intends to be good neighbors during all phases of this project. As such, it will give due notice to the Waikoloa Village Association("WVA") and/or owners/operators of the stable whenever heavy equipment or other significant noise activities will occur. Likewise, it will require its contractors to strictly adhere to the DOH's construction dust control measures, especially to mitigate dust impacts to the adjoining stables and their operations. A possible mitigation, as may be required by the DOH,would be installation of dust barriers at or near the site's property boundaries. As with the noise,the applicant intends to work closely with the WVA and/or owner/operators of the stables at all construction phases. 4. Drainage Impacts: The concern was raised by the WVA that the adjoining stables located makai of the subject site are already vulnerable to run-off during heavy rains. RESPONSE: It is the applicant's understanding that the DPW regulations require that a)the entry and exit points of any existing or known water course within the subject site are not altered; and b) any project generated water be contained on the site. To that extent, as part of the Plan Approval application, a DPW-approved site drainage plan addressing those requirements must be submitted. Subsequently,the civil construction plans will be reviewed and approved by the DPW in conjunction with the building permit process. The approved drainage system must be in place before an occupancy permit is issued. It should be noted that if drywells are proposed,they would be subject to additional permitting requirements, such as the Underground Injection Control(UIC)and National Pollutant Discharge Elimination System(NPDES),both approved by the State DOH. These permits are required to address possible impacts on the area's groundwater. Mr. Zendo Kern,Director July 24,2023 Page 3 Given those requirements,the drainage impacts of this project to adjoining properties should theoretically not be adverse, if at all. 5. Wastewater: The concern is that the wastewater system may be undersized, which could then have an adverse impact on the Village businesses and residents. RESPONSE: The system will have to be designed in a manner meeting with the requirements of the State Department of Health("DOH"). The applicant continues to believe that both the water and wastewater needs should be no more than four(4) residential units on Sundays. Nonetheless, during DOH's review of the plans, it will assess the projected wastewater demand of the church and then determine the appropriate level of disposal system. If a septic system or systems is deemed to be insufficient, DOH will then require either having the project be tied in with the private sewer line in the area or alternatively construct its own private treatment plant. Given that,the impact to the Village businesses and residents should not be significant, if at all. 6. View Plane and Overall Design: One expressed concern about how the project would interfere with the views of Mauna Kea,while another queried about the appropriateness of the design of the structure for the area. RESPONSE: The proposed church will be a single-story structure and no taller than 30 feet,which is less than the maximum allowable height within the residential (35 feet) or agricultural (45 feet)zones. Given the height of the structure, setback from Waikoloa Road,the vast expanse of the balance of the site, and the distance and height of Mauna Kea,the view of Mauna Kea should not be visually compromised. If the Special Permit is approved,the plans must still go through the PIan Approval process. As outlined in Section 25-2-70 of the Zoning Code,this process "provides a method of allowing closer inspection of certain development and inspection of all development in certain districts in order to ensure conformance with the general plan, to assure that the intent and purpose of this chapter are carried out, and to ensure pertinent conditions of previous approvals related to the development have been implemented. "As such, during this review process,landscaping,floor, site, and elevation plans must be submitted, as well as the DPW-approved site drainage plan. 7. Traffic Paniolo Intersection and Waikoloa Road): Several raised concerns regarding the projece's impact at both the Paniolo Drive Intersection and at the project's entrance from Waikoloa Road. Mr. Zendo Kern, Director July 24,2023 Page 4 RESPONSE: The applicant notes that its activities are currently occurring within Waikoloa Village in the Highlands Shopping Center. With other users in this area, it can be more congested than the proposed location. Thus,the new location should help mitigate this congestion. Further, on any given Sunday at the current location,the church averages around 80 people, including children, who arrive in about 20-25 cars or an average of 3-4 people/car over a 30-45 minute period. Based on a projected congregation of 200 people,the applicant believes that there should be about 50-60 cars entering the property over a 30- 45 minute period. Unlike a drive-through eatery,there should be few, if at all, cars queuing to enter the site. Then,too,the movements will occur on Sunday morning and on a day and at a time which does not conflict or overlap with the normal Monday-Friday, 6:30am to 8:30 am, workday traffic. As such,makai bound traffic on Waikoloa Road should be quite intermittent and less,resulting in less conflicts for left-turn movements into the proposed site. It should also be noted that there is adequate sight distance in the area of the proposed access,and with the recent installation of speed humps in this area resulting in reduced speeds, safe ingress and egress from the site should be less problematic. The applicant understands and shares the concern regarding the need for improvements at the intersection of Paniolo Drive and Waikoloa Road. According to published reports, a roundabout was projected to be completed in 2025. At a community meeting held in July 2023 by the County,the project is anticipated to go for bid in 12-18 months. Based on that schedule,the improvements should be completed in 2026-2027. The applicant maintains that since the majority of the churchgoers will be from the Village, traffic movements and impacts at the intersection—whether at its current or proposed location should not be significantly altered. If anything, it should help as it shifts some movements away from the already congested Highlands Shopping Center, which is located near the intersection. 8. Loss of A ricultural sand and urbanization in this area: Several comments were made that the site is Agricultural, and the proposed church would contribute to the further urbanization of this area. RESPONSE: Consistent with the General Plan Land Use Pattern Allocation Guide map's designation of Extensive Agriculture,the site is classified "E"or very poor for agricultural purposes by the Land Study Bureau. This type of classification is abundant in this area and thus,the removal of five (5)acres should not have any significant agricultural impact. Mr.Zendo Kern, Director July 24, 2023 Page 5 It should be noted that the properties situated directly across from the subject site are already zoned RA-I a and within the State Land Use Rural District and planned for a 350+ 1-acre sized lots. Thus, with such a low-density residential use, a proposed church at the subject site would not be incongruous or incompatible with that use. Notwithstanding that situation,the current request is being processed as a Special Permit, a permit that limits its use for only that was represented. It would be different if the request were for a State Land Use Boundary amendment from Agriculture to Urban and County rezoning from Agriculture(A-5a)to Single-family Residential (RS-10),which if approved, could suggest a"snowballing"of related designations for adjoining properties. 9. Plans for balance of project: The WVA wanted to know what the plans for the balance of the 5+acre site was and wanted an opportunity to weigh in on those plans at the appropriate time. RESPONSE: What is being considered is what is currently represented in the application, to wit, a 7,000+/- square foot,single-story structure for a church, sanctuary, classrooms, and related uses and as generally depicted in its site plan. Please note that due to funding,the applicant will probably construct the proposed project in increments or phases, up to what is being permitted. Any uses—such as a pre-school-beyond that will require an amendment to the Special Permit. If so,the applicant will continue being a"good neighbor"by maintaining a dialogue with the WVA and others. Please note that any amendment will require the same public hearing process at which time the community will have an opportunity to comment on the additional uses. We trust that the above adequately responded to public comments to date. If not or if there are further questions or comments on this matter,please let me know. Thank you very much. nccrely, �k SIDNEY M. FUKE Planning Consultant Enclosure Copy--Pastor Rick Nagaoka,New Hope—Waikoloa w/agency comments via email a�T4•°F• Harry Kim .� . David Yamamoto,P.E. 1lurnr Drrecaor �Tt•9F H�''1,�" Roy'Paketnoto Alan C.Simeon,P.E. dlenxzgingDirc<<ur f�epui+Direranr County of Hawaii DEPARTMENT OF PUBLIC WORKS Atlpuni Center 1111 Pauahi Sttaet.Suite 7-Hilo-H,_wa;'i 96720-4224 (R68)961-83?1 Fax(8t18)901-5630 Buhl ic_wurk:;2i}taccai icnu uty.gov Date: October 12, 2020 Subject: County of Hawaii Verified Light Fixtures The State of Hawaii, particularly Hawaii Island is one of the most remote locations in the world. As such, Hawaii Island provides the world a prime location for ground based astronomy as well as a unique habitat for wild life. The County of Hawaii is dedicated to preserving the night sky which can only be accomplished by limiting light pollution generated during the night time hours. Hawaii County Code, Chapter 14 -Article 9, General Welfare - Outdoor Lighting ("HCC 14-9") seeks to introduce controls of wave length distribution that would otherwise adversely affect the astronomy community, migratory birds and human circadian rhythms. Pre-approved outdoor lighting is subject to evaluation and compliance with HCC 14-9 amendments. Outdoor lighting in conformance with HCC 14-9 effective at the time originally permitted for installation will remain conformant until said outdoor lighting become inoperable where replacements of inoperable outdoor lighting will be then subject to requirements of HCC 14-9 as amended and effective at that time. The County of Hawaii has reviewed and accepted the certification of compliance from the licensed Electrical Engineer for pre-approved Class II light fixtures for the following outdoor lighting in fixed mount full below horizontal shielding option onl E2 Lighting International Inc. / LED Hawaii (808-306-7873). E2-WPF-XXW-HL-3 (wall pack) (24WsXX<150W) E2-STXX-HL-S (solar powered area luminaire) (35XXs10) E2-C-XXW-HL-3 (canopy) (20W:5XX<_80W) E2-PT-XXW-HL-S (post top area luminaire) (20W:5XX5100W) E2-SB-XXW-HL-S (shoebox area luminaire) (24W:5XXs300W) E2-SB-XXW-HL-S1 (shoebox parking/area) (24W5XXs300W) E2-SB-XXW-HL-S2 (parking [at) (48W5XX:5300W) E2-WPF-XXW-HL-S1 (wall pack) (48WsXXs70W) Robyn Matsumoto, PE Acting Building Chief {'oaurty of Hauai i is an F.qunl Opportunity Pro•idcr at:d F:mhlotirr.