HomeMy WebLinkAboutCOM 0690.000 2000-2002
Harr Kim ~~~gv,oF Nom'
Y r.~-- ~IJia:
Dixie Kaetsu
Mayor ' Managing Director
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~'t~~~~~' ( Peter T. ?Young
f OR ENO' Deputy Managing Director
~®11~ ~ ~i~T~ll
25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-821 l Fax (808) 96]-6553
KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740
(808)329-5226 Fax (808)326-5663
July 11, 2002
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
Change of Zone Application (REZ 02-002)
Applicants: Roy E. King, Jr. et al.
Request: Agricultural (A-20a) to Family Agricultural (FA-3a)
Tax Map Key: 7-3-024:011
change of Zone :application €PE,.7 02-01}9)
#3,.~17:.~'at. r; tl~~ tt:f Inous~rial-Co>~lndreial"Mixed District (MCX-la)
Change of Zone Ordinance No. 00-105
which amended Ordinances No. 99-79, 94-78 (REZ 767)
Re: Conditions M and M(2) (Complete Construction)
Applicant: Big Island Country Club Estates
Tax Ma~Keys: 7-1-5:9, 10, 22, ~6, 28-34, 39-41, 58 & 59
Planning Director Initiated
Repeal of Ordinance No. 93-65 (REZ 742)
Issued to: Kamuela P&D, Inc.
Tax Map Key: 6-4-24:Portion of 27
As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action are the Planning Commission's letters and enclosures
regarding the above-referenced requests.
Sinc rely, ,
(I`'ote: TSE`_ Corporation's Application
Harry Ki for Zone Ghange - i:aloko Industrial
Mayor F'~k P1:lases IIl ~ IV - is o n file 3~
Enclosures at the Clerk's Office) Rif. To.
cc: Planing Department
3~4'~l6 N4`y
Harry Kim ~°'y~~ q~. Geraldine M. Giffin
1Ltayor Chairperson
~ a ,
4Tg Gi•~yp~
PLANNING COMIO~IISSION
Aupuni Center 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
(R08)9G]-8288 • Fax(80R)96]-8742
.!U}. ~ ..~.,iil.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
Change of Zone Application (REZ 02-009)
Applicant: TSA Corporation
Request: Open (O) to Industrial-Commercial Mixed District (MCX-la)
Tax Map Key: 7-3-051:060
The Planning Commission, after a duly held public hearing on July 3, 2002, voted to recommend
for your approval the proposed legislative bill by changing the district classification from Open
(O) to Industrial-Commercial Mixed District (MCX-la) for approximately 102.3 acres of land.
The property is located to the east (mauka) of Queen Ka`ahumanu Highway and the existing
Kaloko Industrial Park, Phases I and II, and along Hinalani Drive, Kaloko, North Kona, Hawai `i.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the change of zone:
The applicant is requesting a change of zone to Industrial-Commercial Mixed
(MCX-la) zone district for approximately 102.3 acres of land in order to accommodate
Phases III and IV of the Kaloko Industrial Park. Should this rezoning request be
approved, it will allow the applicant to develop the subject property into approximately
82 one-acre sized lots for various types of commercial and industrial uses. These new
lots will compliment the 82 existing one-acre lots situated within Kaloko Industrial Park-
Phases Iand II.
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
decisions must be also considered as they may have an impact on similar areas in the
County, but ultimately, on the future development of the whole island.
The proposed change of zone request from an Open (O) to an Industrial-
Commercial Mixed Use (MCX-1 a) district classification would further the County's goals
of providing an economic environment which allows new or existing businesses to
expand and diversify the County's economic base, and thereby also increase the choice of
occupations.
The proposed request would be consistent with the following goals and policies of
the General Plan Economic Element.
Economic Element
• Provide residents with opportunities to improve their quality of life.
Economic development and improvement shall be in balance with the physical
and social environments of the island of Hawaii.
• The County of Hawaii shall strive for diversity and stability in its economic
system.
~ The County shall provide an economic environment which allows new, expanded,
or improved economic opportunities that are compatible with the County's natural
and social environment.
• The County of Hawaii shall strive for an economic climate which provides its
residents an opportunity for choice of occupation.
The applicant's objective recognizes the growing need for industrial and business
real estate within the region. As assessment was conducted by the applicant that
indicated that regional demand for industrial and business parcels is expected to increase
by 2005. The applicant states that "There is currently an estimated 5.5 percent vacancy
rate of industrial floor space in the regional market. This is the lowest availability of
space since 1991, and the lowest vacancy rate since 1990. Recently, absorption of
available space quickened significantly, with the vacancy rate dropping by more than
1.5 points in the last quarter of 1999. In summary, the existing in-place supply of
industrial business land in the Keahole to Kailua-Kona corridor, which includes the
Petition Area, will he sufficient to meet market demands only for another three or four
years. After that tirne, additional developments will be required if the sector is to
maintain an appropriate demand/supply balance. The recent offerings at the Kaloko
Industrial Park -Phase II, and Kohanaiki Business Park developments, while serving to
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
fill pent-up demand which built during the past decade, are almost fully absorbed. While
these are large acreage industrial additions proposed within the region, virtually all
would have to he developed in a timely manner to meet demand levels."
Approval of the applicant's rezoning request would allow for the establishment of
an industrial business park that will generate, according to the applicant, 2,789 full-time
equivalent direct jobs with an additional 1,400 full-time equivalent indirect jobs.
Substantial direct and indirect expenditures will be made in support of the proposed
development through wages and material purchases during construction and at build-out.
The proposed change of zone request would also be consistent with the Land Use
Element of the General Plan. Land use is one of the principal focal points of public
concern and policy. The Land Use Element provides the primary basis for direct control
and guidance of publicly and privately owned resources. It is also intended to be used as
a policy guide for the coordinated growth and development of all sectors of the County.
It sets forth goals, policies, standards and courses of action to accommodate growth
without congestion, to designate and preserve the lands needed for residential use,
commercial and visitor services, industry, agriculture and open space, and to coordinate
these uses with the County's service and circulation systems. The overall Land Use
goals, policies and standards are set forth to physically plan the lands in the County in the
best interest of the island's residents. These state the following under the Land Use
Element:
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural and physical environments of the County.
• Zone urban- and rural-types of uses in areas with ease of access to community
services and employment centers and with adequate public utilities and facilities.
• Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
• The County shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
• Zoning request shall be reviewed with respect to General Plan designation, district
goals, regional plans, State Land Use District, compatibility with adjacent zoned
uses, availability of public services and utilities, access and public need.
Favorable recommendation of the change of zone request would also complement
the following goals, policies and course of action of the Commercial Element.
Ilonorable James Y. Arakaki, Chairman
and Members of the County Council
Page 4
• Provide for commercial developments that maximize convenience to users.
• Provide commercial developments that complement the overall pattern of
transportation and land usage within the island's regions, communities and
neighborhoods.
• Commercial facilities shall be developed in areas adequately served by necessary
services, such as water, utilities, sewers and transportation systems.
• Distribution of commercial areas shall 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 minimal intrusion while providing the desired services. Appropriate
infrastructure and design concerns shall be incorporated into the review of such
developments.
The proposed request would also complement the following goals and policies of
the Industrial Element:
• Designate and allocate industrial areas in appropriate proportions and in keeping
with the social, cultural and physical environments of the County.
• It shall be the policy of the County to achieve a broader diversification of local
industries by providing opportunities for new industries and strengtr~ening
existing industries.
• Through its zoning powers, the County shall locate industrial areas convenient to
transportation facilities, and provide a variety of industrial zoned districts and lot
sizes, depending on the needs of the industries and the communities.
• Industrial development shall be located in areas adequately served by
transportation, utilities and other amenities. Redeveloping or newly developing
areas shall be developed in concert with programmed public and privately funded
infrastructure to meet the expected needs.
• Topography of industrial land shall be reasonably level.
• Industrial development shall be conveniently located to its labor resource.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 5
The subject property is situated adjacent to the east (mauka) of the existing
Kaloko Industrial Park-Phases I and II and within 3 miles of the urban core of Kailua-
Kona. The subject property is therefore within close proximity to support infrastructure,
labor resources, and other similar industrial and commercial areas. This favorable
recommendation is conditioned upon the implementation of mitigative measures to
ensure that existing public facilities, infrastructure and resources are not significantly
affected by the proposed industrial/business park.
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan is a representation of the document's goals and policies to guide the coordinated
growth and development of the County. It reflects a graphic depiction of the physical
relationship among the various land uses. The LUPAG Map establishes the basic urban
and non-urban form for areas within the County. The project area is designated
Industrial. This industrial designation includes uses such as manufacturing and
processing, wholesaling, large storage and transportation facilities and light industrial
uses. This change of zone request is consistent with the Industrial designation on the
LUPAG Map for this area of North Kona. As previously mentioned, the subject property
is situated immediately mauka of Kaloko Industrial Park, Phases I and II that maintain a
zoning of Limited Industrical (ML-la). Therefore, a favorable recommendation of the
applicant's change of zone request would be a reasonable expansion of existing uses in
the area. Further, this proposed industrial-commercial mixed development will provide
the framework of a concentration of urban activities occurring in an orderly manner as
identified by the General Plan and further defined by the Keahole to Kailua Development
Plan.
There are approximately 2,910 acres of industrial zoned lands in the North Kona
district. The Land Use Pattern Acreage allocation for industrial use is approximately
3,890 acres. Most of Kona's industrial development is service oriented and located on the
northern portion of the North Kona District from Kailua to the Kona International Airport
at Keahole. The existing Kaloko Industrial Park located adjacent to the subject property
is zoned Limited Industrial-1 acre (ML-la) but has transformed, to some extent, into a
mixed-use industrial-commercial area over the years. Other industrial and commercial
projects in various stages of planning are the proposed 100-acre expansion of the Kona
Industrial Park; the proposed 100-acre Kaloko-Honokohau Business Park, McClean-
Honokohau Properties' proposed residential and commercial development on a 45-acre
parcel mauka of Honokohau Harbor; and the development of a 200-acre Department of
Hawaiian Home Lands parcel between Honokohau Harbor and the Kealakehe wastewater
treatment plant. The land use patterns for the Keahole to Kailua area have been
determined by the Keahole to Kailua Development Plan.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 6
The Keahole to Kailua Development Plan, which was adopted by the County
Council by Resolution on Apri13, 1991, designates the subject property for Limited
Industrial uses. The Plan was adopted as a guide to be utilized in the development of
infrastructure and land uses in the region. The Plan also includes a network of major
arterial and collector roads that will form the framework for further urban development
within its planning corridor. The Plan does delineate an 80-foot wide collector roadway
called "Main Street" running in a north-south direction that the County has defined as the
Kamanu Street alignment. The County is not requesting that Kamanu Street be widened
to 80 feet along its entire length, but is requesting that certain sections be widened to
accommodate vehicle turning movements. As a collector roadway, access directly onto
Kamanu Street from adjoining properties should be discouraged.
The MCX zoning designation is a relatively new zoning district that was created
when the Zoning Code was amended in 1996. In accordance with Section 25-5-130,
Hawaii County Zoning Code, this district would allow a mix of industrial and
commercial uses. The intent is to provide for areas of diversified businesses and
employment opportunities by permitting a broad range of uses, without exposing non-
industrial uses to unsafe and unhealthy environments.
The project site is situated within close proximity to schools, commercial areas,
employment centers and public safety services. Lands immediately adjacent to the
subject property consist of the existing Kaloko Industrial Park to the west (makai); Hina
Lani Street and private, undeveloped lands to the north; private, undeveloped lands to the
east (mauka); an existing quarry and other private, undeveloped lands to the south. The
quarry and undeveloped lands to the south are part of pending request by Lanihau
Partners LP, to reclassify approximately 337 acres of land from the Conservation to the
Urban District for the further development of the Kaloko-Honokohau Business Park.
Plans include the expansion of quarry operations as well as the development of an
industrial-commercial project. Kaloko-Honokohau National Historic Park is situated on
the makai side of the Queen Kaahumanu Highway, approximately 0.4 mile to the west of
the Property. The 1,160-acre park is administered by the National Park Service and
contains extensive natural and cultural resources. Within aone-mile radius of the
Property are various limited industrial, commercial, and residential uses. These uses
include the Kohanaiki Business Park to the north, Honokohau-Mauka Business Park to
the south, and the Villages at La'i'opua residential development and the Kealakehe
Elementary, Intermediate and High Schools also to the south. Police and fire services are
located within 3.5 miles of the subject property.
All utilities and services which are essential to accommodate urban development
are or will be made available to the project site. Potable water to support the proposed
development will be provided by the County Department of Water Supply. The proposed
project's average daily water demand is anticipated to be 328,000 gallons per day (gpd).
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 7
Water commitments to accommodate the proposed project have been secured from the
County of I-Iawaii Department of Water Supply. Proposed water system improvements
include a new 8-inch line along the roadway extensions of Olowalu, Kauhola and Maiau
Streets, and a new 8-inch line in the Lawehana Street extension interrupted by the Costco
site.
There are no municipal sewer lines serving the existing Kaloko Industrial Park,
which currently utilize cesspools for wastewater disposal. The Kealakehe Wastewater
Treatment Plant is located about 1.5 miles south of the subject property on the makai side
of the Queen Kaahumanu Highway. The County is planning to extend its sewer lines
north to the Kona International Airport at Keahole, but no firm schedule for such an
extension is yet in place. The County will require the Petitioner to install "dry" sewer
lines in anticipation of future hook-up to the County's municipal wastewater disposal
system. The applicant anticipates that the individual owner(s) or tenant(s) of the
proposed development will be required to install Department of Health-approved septic
tanks or aerobic units with appropriate disposal systems. The applicant states that these
individual systems will be designed for the additional removal of nitrogen from the
wastewater stream. The Land Use Commission's Findings of Fact, Conclusions of Law
and Decision and Order (hereinafter called "Decision and Order") for the subject
property's recent boundary amendment requires mitigative improvements and actions to
ensure that wastewater generated by the proposed project do not adversely affect
groundwater or nearby surface waters. These mitigative measures include installation of
dry sewer lines for eventual connection to the Kealakehe Wastewater Treatment Plant,
working with the County to establish an Improvement District to fund expansion of the
sewer line to service the subject property, installation of interim septic tank systems that
achieve specified levels of nitrogen and phosphorus removal. A wastewater treatment
system maintenance agreement will also be required to ensure safe and effective system
operation by lot owners. With these mitigative measures in place, the County is
confident that wastewater generated by the proposed project will not have a significant
adverse impact to ground and surface waters within the vicinity of the subject property.
Storm and surface water runoff from project roadways and individual lots will be
accommodated within dry wells or drain inlets. To mitigate the types of contaminants
and pollutants from entering these dry wells and polluting groundwater resources, the
Decision and Order requires covenants to be established that will require the containment
of spills and prevention of material from leaching or draining into the ground or drainage
systems. These covenants are subject to approval from the Department of Health in
consultation with the National Park Service and the County of Hawaii. All dry wells
must comply with appropriate Department of Health standards. A Pollution Prevention
Plan will be required to define Best Management Practices (BMPs) for each type of use
permitted within the industrial-commercial park.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 8
The Decision and Order does require the applicant to contribute its fair and
reasonable share of cost related to groundwater monitoring program for select USGS well
sites, Aimakapa, Kaloko and two additional ponds within the Kaloko-l-Ionokohau .
National Historical Park. Monitoring will continue every six months for ten years after
initial occupancy of the industrial-commercial park.
Primary access to Kaloko Industrial Park and the Property from the Queen
Kaahumanu Highway and the Mamalahoa Highway is via Hina Lani Drive, atwo-lane
County-maintained roadway. At its intersection with the Queen Kaahumanu Highway,
left-turn movements from Hina Lani Drive onto the highway currently operates at a LOS
F during AM and PM peak traffic hours. All other turning movements at this
intersection, including other intersections along Hina Lani at Kamalani and Kamanu
Streets, currently operate at a LOS B or better. The State Department of Transportation
plans to install a traffic signal at the intersection of Queen Kaahumanu Highway and
Hina Lani Drive by 2001, which is anticipated to greatly improve traffic operations at this
intersection. By Year 2010, traffic operations at the Queen Kaahumanu Highway
intersection and Hina Lani Drive are expected to worsen due to the overall increase in
traffic levels accessing the proposed project. The Petitioner has proposed several
mitigating measures to ensure that critical movements along roadways accessing the
proposed project operate at an acceptable Level of Service:
a. Maintain adequate sight distances for motorists to safely enter and exit all
project driveways and roadways;
b. Restripe Hina Lani Drive at its intersection with Kamanu Street to create a
left-turn refuge lane for vehicles turning left onto Hina Lani Drive;
c. Restripe Kamanu Street at its intersection with Hina Lani Drive to provide
an exclusive left-turn and right-turn lanes for the approach.
The Keahole to Kailua Development Plan delineates an 80-foot wide collector
roadway called "Main Street" running in a north-south direction in the immediate vicinity
of the subject property. Kamanu Street, which provides the primary access to the subject
property from Hina Lani Street, has been selected by the County to serve as the alignment
of the proposed Main Street. Kamanu Street is an existing 60-foot wide County-
maintained roadway.
In addition to these mitigative measures, the Department of Public Works (DPW),
in its memorandum dated June 25, 2002, listed a multitude of recommended
improvements to the various roadways servicing the subject property and the proposed
project. Various roadway improvements were recommended to Hina Lani Street,
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 9
Kamanu Street, Olowalu Street, and certain intersections. The DPW has also
recommended that the applicant participate in improvements to the Hina Lani Street-
Mamalahoa Highway (Hawaii Belt Road) intersection to bring operations to an
acceptable level of service, which will be Level of Service (LOS) F by Year 2010.
The Planning Director recommends that the applicant comply with the recommended
roadway improvements as detailed by the Department of Public Works in its
memorandum dated June 25, 2002. However, the successful implementation of these
improvements may be dependent upon the configuration of the internal roadway systems
within the proposed industrial-commercial park. It may be counterproductive and
restrictive to include specific recommendations for roadway improvements within the
accompanying change of zone ordinance since it eliminates opportunities for design and
configuration without first amending the ordinance. Therefore, it is recommended that
the applicant prepare a Traffic Circulation and Roadway Improvement Plan that will
detail alignments and improvements for existing and proposed roadways within the
subject property, the adjoining Kaloko Industrial Park-Phases I and II, and the
intersection of Queen Kaahumanu Highway-Hina Lani Street, meeting with the approval
of the Planning Director, in consultation with the State Department of Transportation and
the Department of Public Works, prior to the submittal of plans for subdivision of the
subject property. Plans submitted for subdivision shall incorporate the recommendations
of the approved Traffic Circulation and Roadway Improvement Plan.
In response to concerns expressed by the Department of Public Works, Solid
Waste Division regarding the diminishing volume of the West Hawaii Landfill to
accommodate "what appears to be development's mindset to send all used or unwanted
material to the landfill, "the County anticipates that the proposed project may generate a
12 percent increase in the daily refuse stream. This favorable recommendation will
require the preparation of an approved solid waste management plan for the entire project
prior to issuance of Final Subdivision Approval or the use of any portion of the subject
property.
The Decision and Order also requires the applicant to participate and contribute
its fair and reasonable pro-rata funding and construction of regional state roadway traffic
improvements and programs and its participation and collaboration in a regional
transportation planning forum. These requirements are incorporated into this favorable
recommendation by reference to the Decision and Order.
The property has no severe geological or topographical problems which cannot be
rectified or which would render the land unusable. The property is located within Zone
X, area determined to be outside the 500-year flood plain. All development generated
storm run-off shall be disposed of on-site and not allowed onto adjacent properties or
roadways. Any further improvements to the property must comply with Chapter 27 of
the County Code relating to Flood Hazard Control.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 11
subdivision of the subject property into the 82 proposed lots or its use, it just restricts the
method of wastewater disposal. If a proposed use does not require any wastewater
disposal system, then the use of individual lots beyond the maximum 56 lots serviced by
some form of wastewater disposal system will be permitted. The Planning Director does
not recommend conditions that would require incremental zoning or incremental
subdivision to manage wastewater disposal methods. Since both zoning and subdivision
are critical to the proper engineering and installation of other support infrastructure such
as roads and water systems, we conclude that the existing conditions contained within the
Decision and Order are adequate to properly manage wastewater disposal methods within
the proposed industrial-commercial park.
Based on the above findings, approval of this change of zone request from Open
(O) to Industrial-Commercial Mixed Use (MCX-la) zoned district would result in an
appropriate land use pattern that will further benefit the general public.
For your favorable consideration, a proposed bill to amend Section 25-8-3 (North Kona Zone
Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is transmitted. Please
note that Section 2 of the draft bill has been expanded to include a rationale for supporting
conditions which are not normally included in a change of zone request, in particular, the
requirement on roadway improvements to support the level of services for an industrial-
commercial development and to mitigate potential impacts upon public facilities and
infrastructure servicing the affected area.
This recommendation does not, however, sanction the specific plans submitted with the
application as they may be subject to change given specific code and regulatory requirements of
the affected agencies.
We are enclosing a copy of the staff background report, statement of Kaloko-Honokohau
National Historical Park, and Department of Water Supply comments for your information.
Sincerely, ,
~ ~ ~ ~
Geraldine M. Giffin, Chairman
Planning Commission
Enclosures
xc: Mr. Rodney Funakoshi
Department of Public Works
Department of Water Supply
Planning Department-Kona
Department of Land & Natural Resources
Brian Minaai, Director/DOT-Highways, Honolulu
Mr. Hideki Hayashi
United States Department of the Interior
BTSACorpREZdsa-06/28/02
COUNT' OF IIAWAII PLANNING D~PAItTMENT
~ACI~GI~OUND ItEPOI~T
TSA CORPORATION
CI-IANGE OE ZONE APPLICATION (ItEZ 02-009)
TSA CORPORATION has submitted an application for a Change of Zone by changing
the district classification from Open (O) to Industrial-Commercial Mixed (MCX-la) for
approximately 102.3 acres of land. The property is located to the east (mauka) of Queen
Ka'ahumanu Highway and the existing Kaloko Industrial Park, Phases I and II, and along Hina
Lani Drive, Kaloko, North Kona, Hawaii, TMK: 7-3-51:60.
BACKGROUND FOR I~ALOI~O LIGHT INDUSTRIAL PARK (Phases I a~ael II)
1. 1VIay 14, 1981: State Land Use Commission issues its Decision and Order to
incrementally reclassify approximately 130 acres of land from Conservation to Urban to
accommodate the initial two phases of the Kaloko Industrial Park. Should the applicant
substantially complete on- and off-site improvements within Phases I and II by May
1986, the remaining 110 acres would be reclassified to the Urban District to
accommodate Phases III and IV.
2. Oet®ber 26, 1983: Effective date of Ordinance No. 83-38, which rezoned 126.828-acres
of land from an Open (O) to a Limited Industrial-1 acre (ML-la) zoned district to
accommodate Kaloko Industrial Park - Phases I and II consisting of 85 parcels.
Ordinance No. 83-38 was approved subject to the following conditions:
A. the petitioner, successors or assigns shall be responsible for complying with all of
the stated conditions of approval;
B. the property shall be zoned in two increments. The first increment shall consist of
a maximum of sixty-five contiguous acres, and the second, the remaining area.
The effective date of zoning for the second increment shall be after development
has occurred in the f rst increment, as determined by the Planning Director.
`Development' means that building permits have been issued for industrial
structures and construction has been partially completed to the extent that roofs
have been constructed on a minimum of twenty-five percent of the lots proposed
for the first increment;
C. subdivision plans for the first increment shall be submitted within one year from
the effective date of the zone change;
D. an overall landscaping master plan, which includes landscaping along the
property's frontages along Queen Kaahumanu Highway and the proposed mauka-
makai road; a plant species list; and identification of view corridors from within
and outside of the subdivision, shall be submitted to the Planning Director for
review and approval prior to issuance of final subdivision approval. of the first
increment. Said plan shall reflect the proposed berming and landscaping depicted
on Figure 17 of the petitioner's Final Environmental Impact Statement dated
July 1981, and a program for its maintenance. These improvements shall be
provided prior to the granting of final subdivision approval of the first increment;
E. channelized intersection improvements shall be provided at the Queen
Kaahumanu Highway intersection meeting with the approval of the State
Department of Transportation, Highways Division;
F. an 80-foot wide mauka-makai road between Queen Kaahumanu Highway and the
Hawaii Belt Road shall be constructed in accordance with the standards of the
Department [of Public] Works. Final subdivision approval for the first increment
shall not be granted until there are concrete legal and financial assurances that the
roadway would be constructed. Further, construction of this roadway shall
commence no later that the start of construction of the infrastructural
improvements of the first increment and shall be completed prior to the issuance
of final subdivision approval of the second increment;
G. all interior roadways shall be constructed in accordance with the requirements of
the Department of Public Works;
H. no direct access to the lots shall be allowed from the Queen Kaahumanu Highway
and the mauka-makai roadway as noted under (F) above;
I. a drainage system in accordance with the requirements of the Department of
Public Works shall be installed;
J. prior to receipt of final subdivision approval, a Development Design Manual shall
be prepared and submitted to the Planning Department for approval. The purpose
of the manual is to provide comprehensive design principles and guidelines for
the development of the industrial lots in order to achieve a high standard of
quality for the development. The manual shall include, but not be limited to ,
standards and guidelines relative to landscaping, open space, architectural
building controls, (appearance, siting, heights, building materials, signs, etc.),
setbacks from property lines and buildings, ground cover ratio, etc.;
K. the method of sewage disposal shall meet with the approval of the appropriate
governmental agencies;
L. the two major lava tubes located along the mauka property boundary be
intensively surveyed for cultural remains. A survey report shall be submitted for
the Planning Department and the State Historic Sites Section, Department of Land
and Natural Resources, prior to final subdivision approval;
M. should any salvage archaeological work be necessary as a result of condition (L),
work shall be completed prior to any grading or grubbing activities;
-2-
N. should any unanticipated sites, including subsurface midden or lava tubes, be
uncovered during grading of the property, work within the affected area shall
cease. The Planning Department shall be notified and work shall not resume
within the affected area until the Planning Director has approved the disposition
of the site(s); and
O. all other applicable rules, regulations, and requirements, including those of the
Department of Water Supply, shall be complied with. Should any of the
foregoing conditions not be met, rezoning of the area to its original or more
appropriate designation maybe initiated.
3. Apri15, 1984: Final Subdivision Approval of Kaloko Industrial Park -Phase I (58 lots)
approved by Planning Director.
4. August 19, 1986: Effective date of Ordinance No. 86-92, which amends Ordinance
No. 83-38 to accommodate the replacement of Condition F (construct Hina Lani Street)
and an amendment to Condition J (Development Design Manual) as detailed below by
the underscoring of the amended language. Condition F was replaced with new language
to ensure the timely construction of Hina Lani Street with an amendment to Condition J
to require the Planning Director to enforcement the requirements of the Development
Design Manual.
Condition F - within four months of the effective date of this amendment, the petitioner
shall initiate an Improvement District for the construction of the mauka-
makai road [Hina Lani Street] within its properties. Should the Count
Council not approve the Improvement District, the petitioner shall begin
construction of the roadway by June 30, 1988, with completion two years
hence;
Condition J - prior to receipt of final subdivision approval, a Development Design
Manual shall be prepared and submitted to the Planning Department for
approval. The purpose of the manual is to provide comprehensive design
principles and guidelines for the development of the industrial lots in order
to achieve a high standard of quality for the development. The manual
shall include, but not be limited to ,standards and guidelines relative to
landscaping, open space, architectural building controls, (appearance,
siting, heights, building materials, signs, etc.), setbacks from property
lines and buildings, ground cover ratio, etc. No development shall occur
on the lots unless it conforms to the standards and guidelines articulated in
the Development Design Manual. The Planning Director shall be
responsible for the enforcement of the Development Design Manual;
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5. July 29, 1988: Effective date of Ordinance No. 88-111, amending Ordinance No. 86-92
to allow for the replacement of Condition D (landscaping master plan) with new language
to accommodate a revised landscaping scheme that was different from the berm
landscaping originally proposed by the applicant.
Condition D -The conceptual landscaping plan dated July 23, 1986 which de icts the
buffer parcel landscaping and on-site landscaping strips shall be used as a
guide with the Development Design Manual for evaluating-all
development through the Plan Approval process to implement the
industrial park theme. A `detailed' landscaping plan for the buffer parcel
shall be submitted for Plan Approval within one month from the effective
date of approval of this amendment. This detailed landscaping plan shall
show planting schedules, tree sizes, heights (actual size of trees to be
planted), type of irrigation system, etc. All approved landscaping
improvements shall be installed within three months from the date of final
plan approval of the detailed landscaping plan issued by the Planni~
Director. A Landscape Maintenance Program for the landscape buffer
parcel shall be submitted with the submittal of the detailed landscaping
plan for Plan Approval;
6. September 16, 1999: Final Subdivision Approval for Kaloko Industrial Park -Phase II
(34 lots) approved by Planning Director. N®te: Total number of lots between Phases I
and II is 92 parcels. The current number of lots is 85 due to consolidation of several
parcels throughout the years.
I3ACI~GROUND? OF CURRENT PROJECT SITE
7. February 7, 2002: The State Land Use Commission approves a boundary amendment
for the subject property, changing the district classification from the Conservation to the
Urban District for approximately 102 acres. The County of Hawaii Planning Department
provided testimony in support of the boundary amendment request submitted by the
Petitioner, TSA Corporation. The Findings of Fact, Conclusions of Law, and Decision
and Order for a State Land Use Boundary Amendment is included within the applicant's
change of zone application as Exhibit E.
8. Note: The subject property, consisting of 102.3 acres, contains a 0.3-acre sliver of land
that was currently situated within the Urban District during the boundary amendment
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process. Therefore, the recent boundary amendment for the subject property reclassified
the 102-acre balance of the subject property designated Conservation.
GENEIaAL INFOI2IVIATION
9. Land Ownership: The applicant is the owner of the subject property.
I'I~OPOSLD DEVELOPMENT
10. Request: The applicant is requesting a change of zone from an Open (O) district to an
Industrial-Commercial Mixed (MCX-la) district for 102.3-acres comprising
TMK: 7-3-51:60. This parcel is the site of the proposed Kaloko Industrial Park -
Phases III and IV that will consist of approximately 82 one-acre sized parcels.
11. Details ®f Pr®p®sesl Devel®pgnent:
a. Uses within proposed subdivision will include light industrial, business and
commercial uses that are generally consistent with existing uses found in Phases I
and II.
b. Each of the 82 one-acre lots will be mass graded and provided with all necessary
infrastructure, such as roadways, water, sewer (dry line), drainage, electrical and
communication lines.
c. Development will be accomplished in two phases (Phase III and IV). Phase III
will consist of 37 lots on 42.5 acres of land with Phase IV accommodating the
remaining 45 lots on 59.8 acres of land.
d. In accordance with Condition ld of the State Land Use Commission's Decision
and Order dated February 14, 2002, the development of Phase IV will be
suspended until such time the County's sewer system is expanded to service all
lots within Phases III and IV.
12. Objectives: The applicant provided the following information:
"A Market Study and Economic Impact Analysis of the Proposed Kaloko Industrial Park,
Phases III and IV was prepared by The Hallstrom Group, Inc. in May 2000 in
conjunction with the project's Petition for State Land Use District Boundary Amendment.
The findings are summarized below.
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Following an extended period of low activity in the early to mid-1990s, the West I~awaii
economy and industrial real estate sector have shown substantial recovery and growth
since late 1996, with particular strength in 1999 through mid-2000. The actual number of
lots absorbed in 1999 far outpaced the finished space land requirement. Two projects, the
Kaloko Industrial Park, Phase II (35 one-acre lots) and Kohanaiki Business Park (26 one-
to five-acre lots) sold more than 80 percent of their available inventory during 1999,
indicating a continuing demand for additional lots.
The region has successfully absorbed some 240.2 gross acres of industrial lands through
1999, averaging 8.9 acres annually since 1979. Regional demand is expected to increase
annually by mid-decade, with demand for about 15 new finished lots each year.
There is currently an estimated 5.5 percent vacancy rate of industrial floor space in the
regional market. This is the lowest availability of space since 1991, and the lowest
vacancy rate since 1990. Recently, absorption of available space quickened significantly,
with the vacancy rate dropping by more than 1.5 points in the last quarter of 1999.
In summary, the existing in-place supply of industrial business land in the Keahole to
Kailua-Kona corridor, which includes the subject property, will be sufficient to meet
market demands only for another three or four years. After that time, additional
developments will be required if the sector is to maintain an appropriate demand/supply
balance. The recent offerings at the Kaloko Industrial Park, Phase II, and Kohanaiki
Business Park developments, while serving to fill pent-up demand which built during the
past decade, are almost fully absorbed. While there are large acreage industrial additions
proposed in the region, virtually all would have to be developed in a timely manner to
meet demand levels."
13. Supp®rtive inforinati®n: The applicant has submitted an Application for Zone Change-
Kaloko Industrial Park Phases III & IV dated March 2002 (Exhibit A), that was
previously transmitted to the Planning Commission under separate cover.
STATE COUNTY PLANS
14. SLU: Urban.
15. General Plan Consistency: Economic and Land Use elements goals, policies and
courses of action for North Kona.
16. GP LUPAG MAP: The General Plan Land Use Pattern Allocation Guide (LUPAG) map
currently designates the subject property for Industrial uses. Industrial areas include uses
such as manufacturing and processing, wholesaling, large storage and transportation
facilities, and light industrial uses. It should be noted that the General Plan states that the
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Zoning Code can be amended to create mixed use zones and that such mixed use zones
are appropriate in areas of economic transition, such as light industrial areas which are in
demand as sites for commercial uses. The County's General Plan Revision Program -
Final Draft, continues to identify the subject area for Industrial uses. Also, the Final
Dram states that "Industrial-commercial mixed use districts may be provided in
appropriate locations" in the North Kona district. It should be noted, however, that the
General Plan Revision Program -Final Draft has not yet been approved by the County
Council and maybe subject to change.
17. lElawaii State Plan Consistency: Economy, Physical environment, Land and Air
Quality, Facility systems for Solid and Liquid Wastes, Water, Socio-cultural
advancement (Leisure) objectives and policies.
18. Kona Regional Plan: The Kona Regional Plan adopted by the Planning Commission in
April 1984, designates the subject property for Industrial uses.
19. Keahole to Kailua (K to K) Developaraent Plan: The K to K Plan, which was adopted
by the County Council by Resolution on Apri13, 1991, designates the subject property
for Limited Industrial uses. The Plan was adopted as a guide to be utilized in the
development of infrastructure and land uses in the region. The Plan also includes a
network of major arterial and collector roads that will form the framework for further
urban development within its planning corridor. The Plan does delineate an 80-foot wide
collector roadway called "Main Street" running in a north-south direction through the
subject property.
20. Kailua Village Special District: The subject property is located outside the boundaries
of the Kailua Village Special District.
21. County Zoning: Open (O). The Property is currently designated as Open (O) by the
Hawaii County Zoning Code. According to the Zoning Code, "The Open district applies
to areas that contribute to the general welfare, the full enjoyment, or the economic well-
being of open land type uses which has been established, or is proposed. The object of
this district is to encourage development around it such as a golf course, country club,
and park, and to protect investments which have been or shall be made in reliance upon
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the retention of such open type use, to buffer an otherwise incompatible land use or
district, to preserve valuable scenic vista or an area of special historical significance, or
to protect and preserve submerged land, fishing ponds, and lakes (natural or artificial
tide lands)." For this particular region of Kona, the area was zoned Open in order to
coincide with the Conservation District designation.
22. Settlement Pattern: There are approximately 2,910 acres of industrial zoned lands in the
North Kona district. The Land Use Pattern Acreage allocation for industrial use is
approximately 3,890 acres. Most of Kona's industrial development is service oriented
and located on the northern portion of the North Kona district from Kailua to the Kona
International Airport at Keahole. The existing Kaloko Industrial Park located adjacent to
the subject property is zoned Limited Industrial-1 acre (ML-la) but has transformed, to
some extent, into amixed-use industrial-commercial area over the years. Other industrial
and commercial projects in various stages of planning are the proposed 100-acre
expansion of the Kona Industrial Park; the proposed 100-acre Kaloko-Honokohau
Business Park, McClean-Honokohau Properties' proposed residential and commercial
development on a 45-acre parcel mauka of Honokohau Harbor; and the development of a
200-acre Department of Hawaiian Home Lands parcel between Honokohau Harbor and
the Kealakehe wastewater treatment plant. The land use patterns for the Keahole to
Kailua area have been determined by the Keahole to Kailua Development Plan.
23. Special 1Vlanagernent Area (SMA): The subject property is not situated within the
Special Management Area. The mauka boundary of the SMA is currently situated along
the mauai right-of--way boundary of the Queen Kaahumanu Highway.
DESCIBIPTION OF SUI3.TECT PI20PEI2TY A1oTD SUI~OUNDIloIG AREA
24. Subject Property: The subject property is situated within the Kaloko ahupua'a in the
North Kona District of the Island of Hawaii. The subject property is situated
approximately 3 miles south of the Kona International Airport at Keahole and 3.5 miles
north of the town of Kailua-Kona. Consisting of approximately 102.3 acres, the subject
property is situated mauka (east) of the Queen Kaahumanu Highway and immediately
adjacent to and mauka (east) of the existing Kaloko Industrial Park-Phases I and II.
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25. U.S.D.A. Soil Type: The Soil Survey Report published by the U.S. Department of
Agriculture, Soil Conservation Service, has identified soils within the subject property as
consisting of A'a (rLV) and pahoehoe (rLW) level flows. These two soil types have little
or no soil covering and are generally devoid of vegetation. These laves are slowly
permeable, although water moves rapidly through the cracks. Runoff is slow and the
erosion hazard is slight. Approximately 65 percent of the subject property is covered
with pahoehoe lava with the remaining 35 percent covered by A'a lava.
26. ALISII: The subject property is not classified as having any agricultural importance on
the State Department of Agriculture's Agricultural Lands of Importance to the State of
Hawaii (ALISH) Map.
27. Land Study 1~ureau's Detailed Land Classifleation SysteYra: Soils within the subject
property are classified as "E" (Very Poor) for agricultural productivity by the Land Study
Sureau.
28. Groundwater Resources: An assessment of groundwater resources within the affected
area was conducted by Tom Nance Water Resource Engineering in July 2000. In
summary, the study finds that "no significant impacts on ground water are anticipated as
a result of the construction and operation of the proposed project, with the incorporation
of
proposed mitigation measures."
29. Marine and Pond Environments: An assessment of the marine and pond environments
located makai of the subject property was conducted by Marine Research Consultants in
July 2000. The study focused on existing conditions within marine and pond
environments within the nearby Kaloko-Honokohau National Historical Park. More than
half of the 1,160-acre park is comprised of ocean waters and also includes two large
brackish water fishponds known as Kaloko and Aimakapa Ponds. In summary, the
assessment concludes that there is little potential for increased sedimentation and runoff
affecting these marine and pond environments located downslope of the subject property.
The assessment also concludes that there is minimal potential for impact upon these pond
and marine environments from the proposed commercial-industrial mixed use
development. Another study conducted in January 2001 concluded that the contaminants
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from proposed industrial-commercial activities within the subject property is unlikely to
affect groundwater in the subject area, including groundwater in the Kaloko-Honokohau
National Historic Park.
30. State Land Use Cogninission Findings of Fact, Conclusion of Lave and Decision and
Order dated February 7, 2002: It should be noted that the State Land Use
Commission's Decision and Order contains a finding that no data or evidence was
presented during the boundary amendment proceedings to support the theory that a huge
petroleum spill would not reach Kaloko-Honokohau National Historic Park. In addition,
the potential impacts to groundwater quality of the National Park are not adequately
assessed or mitigated by the applicant. The findings concluded that control of
contaminated surface water can be achieved thorough the development of a Pollution
Prevention Plan (PPP) designed to address all pollutants associated with industrial
development and to identify measures that will contain and treat such pollutants in order
to prevent any release into the environment, including the groundwater. Bcst
Management Practices (BMPs) should be included within the PPP to address the storage
and handling of runoff from impervious surfaces, containment of storm water runoff, and
its appropriate treatment before discharge.
31. Fauna: A faunal survey of the subject property was conducted by Rana Productions,
Ltd. In March 2000. The survey did not locate any threatened or endangered avian or
mammalian species within the subject property. A total of 16 avian species, all identified
as common alien species, were detected during the survey. The only mammalian species
observed was the Indian mongoose. The endangered Hawaiian hoary bat vas not
detected during the survey, but may overly the subject property on occasion. Similarly
the endangered Hawaiian hawk may also transit through the affected area. The
Petitioner's FEIS did note that the nocturnally flying Dark-romped Petrel may also
overfly the subject property during the months from May to October. To reduce the
possibility of these birds interacting with lighting and other man-made structures, all
external lights within the proposed development will be shielded.
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32. Flora: A botanical survey of the Property was conducted by Char & Associates in
Apri12000. Of the 44 plant species identified within the Property, 34 percent are
considered native species. Of these native species, 9 are indigenous and 6 are endemic.
On the older, pahoehoe lava flows that encompass about 75 percent of the- Property, koa
haole and fountain grass prevail. Some of the native shrubs found on the A'a lava flow
include maiapilo (native caper), naio (false sandalwood) and alahe'e (Psydrax odorata).
Introduced species include Christmas berry and the hairy swordfern. None of the plant
species found within the Property are listed as threatened or endangered. One candidate
endangered species found within the Property is the ko'oko'olau (Bidens naicrantha,
subspecies ctenophylla). Four individuals of this plant species, which is a member of the
daisy family, were found within the Property with three located near the makki boundary
of the Property and a single individual located near the mauka boundary. The Petitioner
is recommending that the individual plant located near the mauka (eastern) boundary be
protected by a 30-foot wide buffer zone. Seeds and cuttings will be propagated from the
remaining three individuals at the Amy B. H. Greenwell Ethnobotanical Garden.
33. Arclaaeol®gieal Resources: An archaeological survey of the subject property was
conducted by Haun & Associates in Apri12000. The survey included a 100 percent
surface examination and limited subsurface testing. The survey located 40 sites of which
35 were single-feature sites and 10 complexes of features. These features include
modified outcrops, terraces, caves, mounds, excavations, cairns, walls, trails, enclosures
and midden. Five additional lava tube caves were identified and examined. These caves
were not determined to contain any cultural remains. The survey findings suggest that
these sites are significant solely for their information. The State Department of Land and
Natural Resources-Historic Preservation Division, by letter dated October 16, 2000,
accepted the inventory report and its proposed mitigation measures.
34. Cultural Resources: A cultural impact assessment was conducted in July 2000 that
found that no resources, practices and beliefs specific to the Property has been identified.
Kaloko is known as the burial place for the ali'i Kamehameha I, Kahekili, and Kahekili's
family. Interviewees cited possibilities that burial caves are present on the Property,
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although no burials were located during the archaeological survey. Interviewees
indicated that there are no continuing cultural practices occurring today on the property.
The applicant therefore believes that the project will not have minimal negative cultural
impact upon native Hawaiian cultural resources, beliefs, and practices.
35. F'IIa1VI: The subject property is located in Zone X, area determined to be outside the
500-year flood plain. There are no existing drainageways or structures in the project area.
In accordance with the Keahole to Kailua Development Plan, storm drainage in the region
is to be addressed on-site within each project site. The on-site drainage design for the
subject property will incorporate catch basins and drywells to collect and retain storm
water from each development site, while minimizing surface runoff. As noted earlier, a
Pollution Prevention Program will also be incorporated to minimize contaminants from
surface runoff.
36. 5ttrrounding Zoning/Land Uses: Lands immediately adjacent to the Property consist of
the existing Kaloko Industrial Park to the west (makai); Hina Lani Street and private,
undeveloped lands to the north; private, undeveloped lands to the east (mauka); and an
existing quarry and other private, undeveloped lands to the south. The quarry and
undeveloped lands to the south are part of pending request by Lanihau Partners LP, to
reclassify approximately 337 acres of land from the Conservation to the Urban District
for the further development of the Kaloko-Honokohau Business Park. Plans include the
expansion of quarry operations as well as the development of anindustrial-commercial
project. Kaloko-Honokohau National Historic Park is situated on the makai side of the
Queen Kaahumanu Highway, approximately 0.4 mile to the west of the Property. The
1,160-acre park is administered by the National Park Service and contains extensive
natural and cultural resources. Within aone-mile radius of the Property are various
limited industrial, commercial, and residential uses. These uses include the Kohanaiki
Business Park to the north, Honokohau-Mauka Business Park to the south, and the
Villages at La'i'opua residential development and the Kealakehe Elementary and High
schools also to the south.
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PUBLIC >F°ACILITIES AND SEIIVICES
37. Access: Hina Lani Street provides the primary mauka-makai access to the Property from
the Queen Kaahumanu Highway. From Hina Lani Street, access to the Property is
provided by various roadways that provide access to the various parcels within the
existing Kaloko Industrial Park-Phases I and II. The primary access from Hina Lani
Street is Kamanu Street.
Traffic hnpacts: Primary access to Kaloko Industrial Park and the Property from the
Queen Kaahumanu Highway and the Mamalahoa Highway is via Hina Lani Drive, a
two-lane County-maintained roadway. At its intersection with the Queen Kaahumanu
Highway, left-turn movements from Hina Lani Drive onto the highway currently operates
at a LOS F during AM and PM peak traffic hours. All other turning movements at this
intersection, including other intersections along Hina Lani at Kamalani and Kamanu
Streets, currently operate at a LOS B or better. The State Department of Transportation
plans to install a traffic signal at the intersection of Queen Kaahumanu Highway and Hina
Lani Drive by 2001, which is anticipated to greatly improve traffic operations at this
intersection. By Year 2010, traffic operations at the Queen Kaahumanu Highway
intersection and Hina Lani Drive are expected to worsen due to the overall increase in
traffic levels accessing the proposed project. The Petitioner has proposed several
mitigating measures to ensure that critical movements along roadways accessing the
proposed project operate at an acceptable Level of Service:
a. Maintain adequate sight distances for motorists to safely enter and exit all
project driveways and roadways;
b. Restripe Hina Lani Drive at its intersection with Kamanu Street to create a
left-turn refuge lane for vehicles turning left onto Hina Lani Drive;
c. Restripe Kamanu Street at its intersection with Hina Lani Drive to provide
an exclusive left-turn and right-turn lanes for the approach.
38. 1lVlain Street: The Keahole to Kailua Development Plan delineates an 80-foot wide
collector roadway called "Main Street" running in a north-south direction in the
immediate vicinity of the subject property. Kamanu Street, which provides the primary
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access to the subject property from Hina Lani Street, has been selected by the County to
serve as the alignment of the proposed Main Street. Kamanu Street is an existing 60-foot
wide County-maintained roadway.
39. P®lice/Fire/Emergency Services: Police services are available from the County's Police
Station at Kealakehe while fire and emergency services are available from the County's
Kailua-Kona Fire Station on Palani Road. The Kealakehe Police Station is located less
than 2 miles south of the subject property while the Kailua-Kona Fire Station is located
approximately 3-1/2 miles southeast of the property.
40. Water: Potable water to support the proposed development will be provided by the
County Department of Water Supply. The proposed project's average daily water
demand is anticipated to be 328,000 gallons per day (gpd). Water commitments to
accommodate the proposed project have been secured from the County of Hawaii
Department of Water Supply. Proposed water system improvements include a new fl-
inch line along the roadway extensions of Olowalu, Kauhola and Maiau Streets, and a
new 8-inch line in the Lawehana Street extension interrupted by the Costco site.
41. Wastewater: There are no municipal sewer lines serving the existing Kaloko Industrial
Park, which currently utilize cesspools for wastewater disposal. The Kealakehe
Wastewater Treatment Plant is located about 1.5 miles south of the subject property on
the makai side of the Queen Kaahumanu Highway. The County is planning to extend its
sewer lines north to the Kona International Airport at Keahole, but no firm schedule for
such an extension is yet in place. The County will require the Petitioner to install "dry"
sewer lines in anticipation of future hook-up to the County's municipal wastewater
disposal system. The applicant anticipates that the individual owner(s) or tenant(s) of the
proposed development will be required to install Department ofHealth-approved septic
tanks or aerobic units with appropriate disposal systems. The applicant states that these
individual systems will be designed for the additional removal of nitrogen from the
wastewater stream.
~2. Drainage Systems: Swales, drain inlets, and drywells within the project's roadway
system will be installed to accommodate storm runoff. Best Management Practices
-14-
(BMPs) will be utilized to mitigate erosion, sedimentation and pollutants that could
adversely impact groundwater or surface State waters. A Pollution Prevention Plan (PPP)
will be utilized by the individual tenants to control the transport of pollutants generated
from individual properties and developments.
43. Essential Utilities: Electricity, telephone and cable services are currently available to
service the subject property and the proposed industrial-commercial development. Anew
electricity substation may be required to support the proposed development.
AGENCIES° C®10~d10~dENTS
44. Kalokom>Fionokohau National Historic Park:
See Exhibit B -Letter to Planning Director dated May 13, 2002
~5. NigCS-Soil and Water Conservation Distriet: (Memo dated June 10, 2002)
"I have commented on the increasing number of requests in this particular area for
industrial use type applications. Many seem to have been approved and more are slated.
Recently Mr. Stanley Bond, Ph.D. and manager of the Kaloko Wildlife Refuge has gone
on record as also concerned about the integrity of the refuge pond biota and the coral reef
ecosystem in the proximity of increased industrial activities and associated dry wells used
to contain increased runoff from the projects. The surrounding area may also contain
significant cultural resource sites and additional anchialine ponds that may act as habitat
for other native species, the area and about the very same natural resource conservation
issues that I raised.
There is also concern in the community at large about the trend of development in years
ago and Mr. Bond (in a more specific and scholarly fashion) has recently echoed. The
synergistic effect of increased dry well discharge, septic systems, sumps and higher
runoff into the tidally influenced groundwater regime along this rich natural resource area
may cause irreparable damage in the future. Further research should be conducted on
runoff water treatment, possible restrictions on toxic industrial activities, and in
mitigating impacts to the marine and anchialine systems and associated biota in this
sensitive and valuable area."
46. Land Use Cornrnission: (Memo dated May 15, 2002)
"Based upon our review of the subject application, we have the following comments:
1. The project area is in the State Land Use Urban District as granted by the Land Use
Commission pursuant to its Findings of Fact, Conclusions of Law, and Decision and
Order issued on February 14, 2002 (`Decision and Order').
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2. We would like to note that the project area that the Commission approved was a
portion of the subject TMK parcel, with a small sliver of land that was already in the
Urban District pursuant to the reclassification ofPhases Iand II.
3. We recommend that the County utilize the Decision and Order, as submitted as
Applicant's Exhibit E, as a basis for determining any measures the County feel are
needed to mitigate impacts upon public services and facilities and the Kaloko
Honokohau National Historical Park (`KAHO')."
47. DLNIa-Historic Preservation Division: (Memo dated May 14, 2002)
"The brief discussion of archaeologicaUhistoric resources on page x of the Final
Environmental Impact Statement for the Kaloko Industrial Park, Phases III and Iv
accurately summarizes the contents of our review letter of October 16, 2000 (Exhibit H),
which approved an archaeological inventory survey report of the proposed project area.
The survey, which was undertaken by Haun ~ Associates, identified a total of 40 historic
sites on the subject parcel. Thirty-two of the sites have been adequately documented and
will require no further work. The other eight sites need to be mitigated. The final EIS
indicates that the applicant is committed to the preparation of a data recovery plan for the
eight sites, if they cannot be preserved. The preparation and execution of an acceptable
archaeological mitigation plan for the eight historic sites should be a condition of
approval of the change of zone application."
48. DLNR-Engineering Division: (Memo dated May 9, 2002}
"We confirm that the project site is located in Zone X. This is an area determined to be
outside of the 500-year flood plain."
49. DLNR-Commission on Water Resource 10'danagement: (Memo dated May 3, 2002)
"In general, the C WRM strongly promotes the efficient use of our water resources
through conservation measures and use of alternative non-potable water resources
whenever available, feasible, and there are no harmful effects to the ecosystem. Also, the
CWRM encourages the protection of water recharge areas, which are important for the
maintenance of streams and the replenishment of aquifers. We recommend coordination
with the county government to incorporate this project into the county's Water Use and
Development Plan."
50. DepartYnent of Health:
See attached Exhibit C -Memorandum dated May 30, 2002
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51. Real Property Tax Division: (Memo dated April 18, 2002)
"There are no comments at this time. Real Property taxes are paid through June 30,
2002."
52. DPW, Engineering & Traffac Divisions: (Memo dated June 25, 2002)
"DRAINAGE
1. All development generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties.
2. The applicant shall be informed that if they include drywells in the subject
development, an Underground Injection Control (UIC) permit may be required
from the Department of Health, State of Hawaii.
3. A drainage study shall be prepared, and the recommended drainage system shall
be constructed meeting with the approval of DPW.
EARTHWORK
All earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control, of the Hawaii County Code.
ROADWAYS
1. The applicant should design and construct all roadways in conformance with the
Keahole to Kailua Development Plan (K to K Plan) as adopted by Council
Resolution 296-91, and the County General Plan as adopted by Council
Ordinance 89-142. Kamanu Street has been selected to serve as Main Street under
the K to K Plan.
2. The applicant shall provide channelization improvements to the Kamanu /Hina
Lani intersection intersection meeting with the approval of the DPW.
Improvements shall include a dedicated left turn deceleration, storage and refuge
lane on Hina Lani and a dedicated northbound median left turn lane on Kamanu
Street. The median shall be raised if necessary to prevent left turns to the subject
property from southbound Kamanu between Hina Lani and Olowalu. Left turns
to Olowalu from southbound Kamanu shall also be prohibited if necessary to
accommodate the turn lane storage length. Accordingly, phasing of the project
should exclude proposed parcels fronting on Olowalu Street between Olowalu and
Kauhola until the Olowalu and Kauhola connection is constructed.
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2. Kamanu Street right-of--way between Olowalu and Hina Lani shall be widened
from 60 feet to 80 feet. The applicant shall provide full improvements to the
frontage along Kamanu between Olowalu and Hina Lani consisting of, but not
limited to, pavement widening to accommodate channelization and future
through and right turn lane improvements with concrete curb, gutter and sidewalk,
drainage improvements, and any relocation of utilities; meeting with the approval
of the DPW. The applicant shall construct all improvements and dedicate them to
the County.
3. Olowalu from the intersection with Kamanu shall be widened from 60 feet to 70'
for a length of 250' feet to provide a dedicated right turn lane.
4. The applicant shall provide channelization improvements to the Kanalani/Hina
Lani intersection meeting with the approval of the DPW.
5. Roadway connections should be provided meeting with the approval of DPW.
Notably, an extension of a Maiau or Lauwehana Street to the mauka property line
should be provided, anticipating a future connection to Hina Lani Street. In
addition, the applicant should extend or provide for the extension of Kamanu
Street to the southern property line when the roadway is constructed on the
adjoining property. The provision for extension shall include any roadway, utility
and slope easements over the subject property necessary to construct the roadway.
6. All roadways within the proposed development shall follow the guidelines
incorporated in the Hawaii Statewide Uniform Design Manual for Streets and
Highways or AASHTO.
7. The applicant should construct all subdivision roadways to County dedicable
standards with curb, gutter and sidewalk. In addition, sidewalks along with any
associated drainage structure and utility relocations should be constructed on the
mauka side of Kamanu Street and existing portions of Olowalu, Kauhola ,Maiau
and Lawehana Streets mauka of Kamanu Street.
8. Vehicular access to the individual lots shall not be from any major collector or
arterial roadways, including Hina Lani and Kamanu Streets.
9. In the interests of bicyclist safety, bike lanes should be considered throughout this
project.
-18-
TRAFFIC
1. (queen I~aahunaanu/Mina Lani Intersection Beacause Queen Kaahumanu
Highway widening to 4 lanes may not be completed by the year 2010, our Traffic
Division analyzed the Queen Kaahumanu/Hina Lani intersection for traffic
projected to the year 2010 without the widening project. The subject project was
found to reduce the level of service determined for the PM peak from an
acceptable C to an unacceptable D. Comments should be obtained from the DOT
regarding the acceptability of mitigative measures suggested by the applicant.
2. I-Iina Lani /I~amanu Intersection Based upon the TIAR, dated October 2000,
the left turn movement from Kamanu Street to Hina Lani Street is anticipated to
operate at a level of service D during the morning peak in the year 2010.
According to our Traffic Divisions analysis, this intersection will operate at a
LOS D during both AM and PM peaks. The applicant should install traffic signal
duct lines with the required channelization improvements at the intersection of
Hina Lani and Kamanu Streets. The applicant should be required to provide
updated traffic counts every 2 years until buildout and contribute to the
installation of signals if determined warranted by the DPW.
3. Mina Lani/I-Iawaii Belt Load Based on the TIAR, the intersection will operate
at at LOS F by the year 2010, with or without the proposed project. The traffic
study claims only a 1% and 7.75% contribution to the total traffic at this
intersection in the AM and PM peak hours respectively. However if the critical
left turn movements are broken out, the impact is much higher. The applicant
should be required to make or participate improvements to this intersection to the
extent allowed and approved by the DOT and DPW to bring operations to an
acceptable level of service.
Streetlights and other traffic control devices shall be installed as required by the
Department of Public Works Traffic Division. The developer shall be responsible
for the design, purchase and installation of all such devices."
53. Department of Public Works, Solid Waste Division:
See attached Exhibit D -Memorandum dated Apri126, 2002
54. Fire Department:
See attached Exhibit E -Memorandum dated Apri123, 2002
-19-
55. Police Departrnetat: (Memo dated May 7, 2002)
"At full build out, the already overtaxed intersections of Queen Kaahumanu Highway and
Hinalani Street/Hinalani Street and Hawaii Belt Road would not be able to adequately
handle the volume of the traffic during peak hours. It is recommended that alternate
north/south routes be considered to ease some of the anticipated increase in traffic. It is
also recommended that the intersection of Hinalani Street and Hawaii Belt Road be
looked at for design improvements and signalization."
56. Department of Transportation:
See attached Exhibit F -Letter dated June 28, 2002
AGENCIES- NO COMMENTS OR OBJECTIONS
57. Department of Land and Natural Resources-Land Division, Department of Water Supply,
Department of Agriculture
APPLICANT'S RESPONSE TO AGENCIES' COMMENTS
58. Applicant's Response to Agencies' comments are contained within the following
exhibits:
a. Exhibit G -Letter dated May 30, 2002 to Planning Director responding to
comments provided by Department of Environmental Management, Fire
Department and Police Department.
b. Exhibit IJ -Letter dated May 30, 2002 to Linnel Nishioka of the Commission on
Water Resource Management.
c. Exhibit I -Letter dated May 30, 2002 to Superintendent Geraldine Bell of
Kaloko-Honokohau National Historical Park.
d. Exhibit J -Letter dated June 6, 2002 to Planning Director responding to
comments provided by the Department of Health, Wastewater and Safe Drinking
Water branches.
PUBLIC COMMENTS
59. None
-20-
E"
° f United States Department of the Interior
t NATIONAL PARK SERVICE
7 -„_&y" v A
KALOKO-HONOKOHAU NATIONAL HISTORICAL PARK
_ ,
~ `9' 73-4786 Kanalani St., fi14 _
Kailua-Kona, Hawaii 96740
May 13, 2002
Mr. Christopher Yuen
Planning Director
County of Hawaii Planning Department
25 Aupuni Street, Room 109
Hilo, HI 96720-4252
Dear Mr. Yuen:
Thank you for the opportunity to comment on the Change of Zone Application
(REZ 02-009) from TSA Corporation (TSA), TMK 7-3-051:060, for a change from Open
(O) to Industrial-Commercial Mixed District (MCX-1 a). Kaloko-Horiokohau National
Historical Park (National Park or Park) is primarily concerned with the protection of the
pristine groundwater that flows into the Park from upland, supporting the Park's critical
cultural and natural resources. The most significant wetland along the Kona c®ast,
Aimakapa fishpond, and numerous smaller anchialine pools are found in the Park. These
resources rely on the fresh groundwater that flows beneath the development mauka of the
Park and supports ancient fishponds, native Hawaiian traditional and cultural practices as
well as endangered waterbirds (Hawaiian stilt and Hawaiian coot}, threatened and
endangered sea turtles (green sea turtle and hawksbill sea turtle), and the occasional
endangered Hawaiian monk seal. The offshore area of the Park includes pristine coral
reefs and some of Hawaii's most popular dive spots. None of these National Park
resources should be sacrificed to nearby industrial development.
It is obvious that development in west Hawaii is affecting water quality. A recent
Environmental Protection Agency (EPA) report found, for the first time, that twelve areas
along the west I-Iawaii coast no longer meet state water quality standards (see attached
EPA Section 303(d) letter and reports). This report demonstrates that even the most
pristine areas, such as North Kona, are not immune from the adverse impacts of
development, but rather are in need of immediate protection.
Because of our concerns about the impacts of this industrial development on the natural
and cultural resources found in the Park, NPS intervened in the State Land Use
Commission (LUC) contested case hearing on the redistricting of the TSA property from
Conservation to Urban District. In its Findings of Fact, Conclusions of Law, and
Decision and Order; dated February 14, 2002 (LUC FFCLDO), the LUC recognized the
potential adverse impacts of this development and the legal and constitutional obligation
to protect and preserve the resources of the Park. The LUC imposed several conditions
on TSA's redistricting, many of which require the involvement and participation of the
County of Hawaii (County) and, still others, are conditions that are applicable to the
County's activities on the subject property and should be adopted as such.
In support of its application for rezoning, TSA has submitted and relied heavily upon the
Final Environmental Impact Statement (FEIS) drafted for the LUC proceedings. While it
is true that the LUC accepted the FEIS, the subsequent LUC hearing and the Hawaii
Administrative lZules (HAR) make clear that "acceptance does not mean that the action
is environmentally sound..." (HAR § 11-200-2.) In fact, a primary component of the
case made by the NPS before the LUC established that TSA failed to present competent
and reliable studies showing that the proposed industrial development would not
adversely impact the National Park's resources. (LUC FFCLDO, Finding of Fact 294)
What is not found in TSA's application to the County or in their FEIS is that:
The potential impacts to the groundwater water quality of the National
Park are not adequately assessed or mitigated in Petitioner's proposed
project.
Untreated surface water from the industrial development will potentially
impact National Park resources by contaminating the groundwater that
reaches the Park's ponds and coastal areas.
Petitioner estimates a 50% increase of added nitrogen to the environment
of the National Park from the full industrial build-out mauka of the
National Park. This impact will likely be detrimental to the [Park's]
ponds.
(LUC FFCLDO, Findings of Fact 343, 319, 289)
In the face of these findings, the County cannot rely upon TSA's application. These and
other facts should be central to the County's consideration of the application and the
appropriate conditions on such change of zone to address the potentially deleterious
effects of the proposed use, in accordance with HAR § 25-2-44.
Like the LUC, the County is subject to Article XII, Section 7 of the Hawaii Constitution
which requires the protection of native Hawaiian traditional and customary rights. The
LUC expressly determined that:
[N]ative Hawaiian rights and natural and cultural resources would be
damaged or destroyed by the pollution of groundwater that reaches the
National Park from surrounding areas, including [TSA]'s proposed
development at the Kaloko Industrial Park. Appropriate mitigation
measures are, therefore, required under the Hawaii Constitution in
order to approve reclassification ofthe project area.
(LUC FFCLDO, Conclusion of Law ¶ 7)
Accordingly, only careful and complete implementation of the LUC's mandatory
conditions will adequately mitigate the unacceptable adverse impacts of TSA's proposed
industrial development on the coastal resources, particularly the natural and cultural
resources of the adjacent National Park and the traditional and customary native
Hawaiian practices that depend on the pristine nature of such resources.
Through this rezoning process, the County should address its role in the TSA
development, as determined by the LUC. A number of the conditions of approval
imposed by the LUC on TSA's proposed development require active involvement by the
County. For example, condition 2a calls for County approval of covenants, conditions,
and restrictions (CC~Rs) to contain spills and prevent materials from leaching or
draining into the ground or subsurface storm drain collection areas. Condition 1 b,
regarding wastewater disposal, requires the approval and funding of a County
improvement district to connect the TSA and surrounding property to the Kealakehe
Wastewater Treatment Plant (WWTF). In this proceeding, the County must explore
publicly the process for evaluating and identifying the appropriate CC&Rs for the TSA
development. Among other things, this may include County commitment to participation
in the regional pollution prevention forum established by the LUC condition 3g. In
addition, the County should commit to prioritizing implementation of the project to
connect the Kaloko area to WVV'TP. As you anay be aware, connection to the local
VVW'fP is a priority for the NPS and we have been and will continue to work
collaboratively with the County.
Like the impervious areas within an industrial development, roadways also contribute to
the significant risk of surface water contamination. Surface water runoff is a significant
nationwide problem for groundwater pollution and, consequently, one of the greatest
threats of this proposed development to the National Park. Surface water runoff from
roadways is exposed to petroleum products, metals and other pollutants that threaten the
resources of the National Park. (See LUC FFCLDO, Finding of Fact ~I 309.) The
consequences of nonpoint source pollution are increased risk of disease from water
recreation, algae blooms, fish kills, destroyed aquatic habitats, and turbid waters. (LUC
FFCLDO, Finding of Fact ¶ 310.) The County should carefizlly review the entire LUC
FFCLDO in its consideration of and decision regarding this rezoning application.
The facts established by the LUC hearing and the LUC conditions of approval clearly
determine that the County's activities on the TSA property must be subject to similar
conditions. During the LUC hearing, TSA alleged that all of the roadway drainage
systems will be dedicated to the County and will not include any treatment aspect to them
because the County is unwilling to accept any of those units as part of the dedication.
However, the Hawaii Constitution, the LUC's decision, and federal law all necessitate
that the County's roadways adhere to the same protective measures required of TSA and
determined to be necessary to preserve the National Park's resources. Containment and
removal of contamination from surface water runoff is a basic tenet of the State of
Hawaii's goals for nonpoint source pollution control. These goals must be met soon for
the State of Hawaii to avoid penalties under the Coastal Zone Act Reauthorization
Arriendments of 1990, Section 6217. For all these reasons, the LUC conditions of
approval 2b, 2h and 3e, requiring structural BNIPs and vegetated swales to remove
surface water contaminants, should be incorporated an adopted by the County as
applicable to all areas in TSA development dedicated to the County.
We believe that the NPS is an adjacent owner of property directly affected by the
proposed rezoning and would like to receive notice of all actions related to this and other
properties mauka of the National Park. At your convenience, we would like to meet with
you to discuss our concerns and to familiarize you with the Park and its important
cultural and natural resources. Thank you for your consideration in this matter.
Sincerely,
Geraldine Bell
Superintendent
J~Reosr4rFS UNYTE® STATES ENVIRONMENTAL PROTECTION AGENCY
~ YU REGION IX
$ Q
'~my .~A= 75 Hawthorne Street
T'4~ PRd~
San Francisco, CA 94 10 5-3 9 01
November 15, 2001
Mr. Gary Gill
Deputy Director for Environmental Health
Hawaii Department of Health
P.O. Box 3378
Honolulu, HI 96801
Dear Mr. Gill:
The U.S. Environmental Protection Agency (EPA) has completed its reevaluation
of Hawaii's 1998 Clean Water Act Section 303(d) list submittal. EPA reconsidered its
prior approval of Hawaii's 1998 Section 303 (d) list pursuant to a court order issued
September 5, 2001 by Judge David Alan Ezra of the Federal District Court for the
District of Hawaii in Hihiwai Stream Restoration Coalition et al. v. Christine Todd
Whitman, CV. No. 00-00477 DAE/KSC. In that decision, Judge Ezra found that EPA's
previous approval of Hawaii's 1998 Section 303(d) list was in error, and ordered EPA to
carefully reconsider Hawaii's 1998 list.
EPA reviewed Hawaii's Section 303(d) list submitted March 31, 1998, a
clarifying letter from the Hawaii Department of Health (DOH) to EPA dated April 28,
1998, supporting documentation and information submitted by DOH, and additional data
and analysis compiled by EPA during our reconsideration of Hawaii's list. Based on this
review, EPA has determined that Hawaii's 1998 list of 19 water quality limited segments
(WQLSs) still requiring TMDLs partially meets the requirements of Section 303(d) of the
Clean Water Act ("CWA" or "the Act") and EPA's implementing regulations. Therefore,
by this letter, EPA hereby partially approves and partially disapproves Hawaii's 1998
Section 303(d) list. Specifically, EPA approves the State's decision to list 19 waters and
associated pollutants. However, EPA disapproves the State's decision not to list 92
additional water bodies, and additional pollutants for 15 waters already listed by the
State, because EPA finds that available data and information support their listings.
EPA is identifying for inclusion on Hawaii's Section 303(d) list 92 additional
waters and associated pollutants, and additional pollutants for 15 waters already listed by
Hawaii. As discussed below, EPA is also identifying priority rankings for each listed
water body. EPA will open a public comment period to receive comments concerning our
decision to add waters and pollutants to the State's Section 303(d) list.
~ One listed segment, called West Maui by the State, is actually comprised of two disconnected segrnents-
West Maui from Honolua to Lahina and the West Maui coast near Kihei. These two segments are listed
separately in the revised 303(d) list for purposes of clarity.
The complete Section 303(d) list, including waters and pollutants listed by the
State and those added to the list by EPA, and associated priority rankings, is provided in
Enclosure 1. The statutory and regulatory requirements, and an explanation of EPA's
reconsideration of Hawaii's compliance with each requirement, are described in
Enclosure 2. The remainder of this letter summarizes the rationale for EPA's decision.
Hawaii's 1998 Listing Submittal
The Hawaii 1998 Section 303(d) submission included 3 newly listed waters and
16 previously listed waters (including one for which a TMDL had been completed and
approved by EPA in 1996, and one for which several TMDLs were subsequently
completed in 2001). The new listings were based primarily on a water body assessment
process described in the Waterbody Assessment Report (WBA) (March, 1998). Priority
rankings for all listed waters were clarified through follow up communication with DOH.
Priorities were established based on the degree of impairment, uses made of water bodies,
the reliability of the data used in the assessment, and consistency with other program
priorities. Waters previously listed on the 303(d) list were retained on the 303(d) list with
the same priority rankings because TMDLs had not been completed and no information
was available indicating that they were attaining water quality standards. Waimanalo
Stream was targeted for TMDL development in the two years following 1998, consistent
with the targeting requirement of X10 CFR 130.7.2
EPA's Reconsideration of Hawaii's Submittal
EPA's reevaluation of Hawaii's 1998 list submittal considered all aspects of the
State's listing decision, and focused upon three specific factors:
(1) the State's use of its qualitative visual assessments of water body conditions in the
listing process,
(2) the State's efforts to gather and evaluate existing and readily available water quality
data and information, and
(3) the State's rationales for deciding not to list some waters based on these sources of
data and information.
Evaluation of DOH's Qualitative Water Body Assessments
Hawaii submitted a Section 303(d) list revision in 1997 that included several
dozen more waters than were listed in 1996. EPA did not act on this off-year submittal.
The 1997 submittal relied, for the most part, on qualitative visual assessments of water
body conditions based on site visits made by DOH staff in response to public
nominations. Hawaii's 1998 list submittal included 3 water bodies based on the results of
the visual assessments. The 1998 list submittal provided a brief description of the basis
for listing fewer waters based on the information contained in the visual; assessments.
EPA requested further explanations of DOH's rationales for the decision not to include
on the 1998 list most of the waters identified as impaired to some degree in 1997.
Z All necessary TMDLs for Waimanalo Stream were adopted by DOH and approved by EPA in 2001.
2
DOH provided a brief supplemental explanation of its rationale for not listing most of the
waters evaluated through the qualitative assessments. In 1998, EPA accepted the State's
rationale and approved the 1998 list submittal.
In the tYihiwai Stream Restoration Coalition decision, however, the District Court
found that the State's rationale was inconsistent with the administrative record, and
ordered EPA to carefully consider the 1998 list submission. Thus, EPA has reevaluated
the data and information used by DOH in 1998. For this reevaluation, EPA developed a
quantitative method for scoring, ranking, and comparing DOH's qualitative assessments
of water body conditions. This method was developed in consultation with DOH staff
and was based, in sub staritial part, on a stream assessment method developed by the
Natural Resource Conservation Service (MRCS) in Hawaii. The assessment method
provides a method for considering whether narrative water quality standards were
violated during the period before the 1998 listing decision. Based on our application of
this scoring method, EPA found that 94 waters scored in the low or medium quality
categories, including almost all the waters listed by DOH in its 1997 listing submittal.
EPA has concluded that these waters meet Section 303(d) listing requirements and, in
today's decision, is identifying the water bodies along with associated pollutants of
concern for inclusion in the Section 303(d) list.
Evaluation of Waters Based on Water Quality Data
Federal regulations that govern Section 303(d) list development require states to
assemble and consider all existing and readily available water quality data and
information in the process of revising the Section 303(d) lists. In performing its
reevaluation of Hawaii's 1998 submittal, EPA concluded that substantial amounts of
available water quality data (principally for coastal waters) were not assembled and
considered by the State in 1998. EPA gathered these data by retrieving Hawaii water
quality data for the period 1993-1998 from the STOREY national water quality database.
DOH did assemble some data as part of its WBA analysis; however, the State's listing
submittal did not explain how these data were evaluated for potential water quality
standards exceedences. EPA compared the data retrieved from STOREY and data
gathered by the State for the WBA with applicable Hawaii numeric water quality
standards. EPA found that applicable numeric standards were exceeded at numerous
monitoring stations for which data were available. EPA has concluded that these water
body locations meet Section 303(d) listing requirements and, in today's decision, is
identifying the water bodies along with associated pollutants of concern for inclusion in
the Section 303(d) list.
Scope of Future TMDL Development
EPA found that the data and information supporting EPA's list additions is
limited and may now be outdated. The visual assessments developed by the State were
based, in most cases, in only one or two visits to each water body. The listings based on
monitoring data were supported by very limited information concerning the monitoring
stations locations, which made it difficult to assess whether data collected at these
3
locations are representative of water quality conditions in tl~ surrounding area. EPA
reconsidered its decision on the Hawaii 1998 list based on the data and information
existing and readily available at the time of the original listing decisions in 1998.
Further, EPA determined that the available data and information support water body and
pollutant additions to the 303(d) list. Therefore, EPA is adding a substantial number of
waters and pollutants to the Hawaii 303(d) list based on limited data and information
collected several years ago.
For each water body listed based on visual assessments, EPA is identifying the
entire water body on the list because multiple locations were visited as part of each site
visit by DOH staff. At the time TMDL development is initiated for these waters, EPA
strongly recommends the collection of additional water quality data to confirm the
presence and extent of water quality standards exceedences and to assist in the
development of reliable TMDLs.
With regard to waters which EPA is listing based on water quality data collected
at monitoring stations, EPA is limiting the geographic scope of the new listing decisions
to the monitoring station locations themselves. Based on information in the State's
submittal and subsequent discussions with DOH staff, the degree to which data collected
at these monitoring stations is representative of surrounding water quality conditions is
highly uncertain. At the time TMDL development is initiated for these waters, EPA
strongly recommends that additional water quality data be collected based on a sampling
design which provides representative results for the entire water body. These
supplemental monitoring results will assist DOH in confirming the presence and extent of
water quality standards exceedences.
Priority Ranking Decision and TMDL Schedules
We have also revised the State's 1998 priority rankings and established new
priority rankings for newly-listed waters based on discussions with your staff. As
requested by the State, we have updated the priority rankings for the entire list to reflect
the current status of the State's TMDL development program and the State's current
priorities. The criteria used to assign priority rankings are discussed in the enclosed staff
report. These criteria are consistent with the criteria used by the State in 1998 and with
the requirements of the Clean Water Act.
In 1997, EPA established a policy that each State should develop along-term
schedule for establishing TMDLs for all waters on the State's Section 303(d) list, even
though this is not required by EPA's current regulations. See "New Policies for
Establishing and Implementing TMDLs" (EPA, August 8, 1997). Hawaii developed such
a schedule in 1999, and EPA reviewed it as part of EPA's overall TMDL program review
in 2000. With the addition of waters to Hawaii's Section 303(d) list, and the revisions we
are making to the priority rankings, the long-term schedule obviously needs to be revised.
However, because the State is currently in the process of developing its 2002 Section
303(d) list, we recommend that the State continue with its near-term TMDL development
4
plans (which are consistent with EPA's revised priority rankings) and submit a revised
long-term schedule concurrent with the 2002 list submittal.
Relationship Between This Action and 2002 Section 303(d) List Revision
As you know, the next Section 303 (d) list submittal is due October 1, 2002. I
appreciate DOH's current efforts to develop a new methodology for the next 303(d)
listings. EPA expects the State to consider the revised 1998 listings and priority
rankings, and the data and information sources on which they are based, when the 2002
list is prepared. However, EPA recognizes that the State may develop a new list in 2002
based on listing methods that are different than the methods used by EPA, and may yield
different results. We look forward to working with DOH to develop a new 2002 listing
methodology which best meets the State's needs and is consistent with federal listing
requirements. The Hawaii 2002 list approved by EPA, or established by EPA in the
event of a disapproval, will supercede the list established today by EPA.
Conclusion
I appreciate the cooperation provided by you and your staff as EPA conducted the
reevaluation of the listing decision pursuant to the court's decision. If you have questions
concerning our decisions or any of the supporting analysis, please call me at (A-15) 972-
3572 or call David Smith at (415) 972-3416.
Sincerely,
original signed bye
Alexis Strauss
Director
Water Division
Enclosure 1: Revised 1998 Section 303(d) List for Hawaii
Enclosure 2: Revised Review of Hawaii's 1998 Section 303(d) List
Cc: J. Harrigan
D. Lau
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BENJAMIN J. CAYtTANtl r _
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GOVERNOR OF HAWAI I 1 # ~ ~ ~t~ t DIRECTOR OF HEALTH
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In reply, please refer to:
DEPARTMENT OF I-9EALTN File:
P.O. BOX 3378 02-109/epo
HONOLULU, HAWAII 96801
May 30, 2002
I`\~ir. Christopher J. Yuen, Planning Director
County of Hawaii
Planning Department ;
25 Aupuni Street, Room 109 -_:~t
Hilo, Hawaii 96720-4252
Dear Mr. Yuen: - .
Subject: Application for Zone Change (ZC)
Kaloko Industrial Park, Phases III & IV
Open (O) to Industrial-Commercial Mixed District (MCX-la)
North Kona, Hawaii
Tax Map Key: 7-3-051: 060
Thank you for the opportunity to review and comment on the subject proposal. The ZC was
routed to the various branches of the Environmental Health Administration. We have the
following comments.
Wastewater Branch (WWB)
As the project development is within the vicinity of the Kealakehe ~Jastewater Treatment
Plant, it is required that the project must connect to the County sewer system. As an interim,
use of on-site wastewater systems is acceptable. Higher degrees of treatment maybe required
due to the type of wastes generated and other agency requirements.
All wastewater plans must conform to applicable provisions of the Department of Health's
Administrative Rules, Chapter 11-62, "Wastewater Systems". We reserve the right to review
the detailed wastewater plans for conformance to applicable rules.
If you have any questions, please contact the Wastewater Branch at (808) 586-4294.
Mr. Christopher J. Yuen, ?anning Director
May 3 0, 2002
Page 2
Safe Drinki~~Water Branch (SDWB)
The following recommendations are meant to prevent or minimize groundwater pollution,
which may later help to prevent ecological water quality problems in coastal areas.
1. Implement an Industrial Park Covenant (IPC) having at least the below listed contents.
Furthermore, in order for an effective IPC, an association of property owners must
exist, and they should be accountable for compliance. The association must have the
authority and mechanism to accomplish compliance among its members.
a. All cleaning, repairs and maintenance of equipment involving industrial
liquids, such as gasoline, diesel, solvent, motor oil, hydraulic oil, gear oil,
brake fluid, acidic or caustic liquids, anti-freeze, detergents, degreasers, etc.,
shall be conducted on a concrete floor, whether roofed or unroofed. The
concrete floor shall be constructed to contain all drips and spills, and to
provide recovery of any spilled liquid. Water drainage from the. concrete floor,
if necessary, should pass through an oil/water separator before discharge.
b. All employees shall be informed to immediately contain and collect any
industrial liquid spills on the concrete floor. Most importantly, employees
must help to prevent any industrial liquid discharge or spill onto the bare
ground.
c. Barrels for the temporary storage of used oil or other industrial liquids shall be
kept on a solid concrete surface. The surface should be bermed to prevent
overflow in the event of a large spill or leak. The barrels should be sealed and
kept under shelter from the rain. (The Department of Labor and Industrial
Relations' Occupational Safety and Health regulations, sections titled
"Housekeeping Standards" and "Storage of Flammable or Combustible
Liquids," should be followed, along with the local fire code.)
2. Drainage well designs should seek the shallowest depths possible for providing
satisfactory drainage. Furthermore, a drainage well will be subject to an Underground
Injection Control (UIC) permit which must be obtain from the Department of Health
to authorize construction and operation of the drainage well.
3. Drainage well designs, which include all types of designs that employ subsurface
drainage, should have a debris catch basin to catch rubbish and sediments, which are
often carried by runoff. The debris catch basin should be designed for periodic
cleaning. Runoff should first enter the debris catch basin before flowing into the
drainage well. The purpose is to hold back the rubbish and sediment from going into
the drainage well. (For discussion purpose, a catch basin should have a volume of at
least 2 cubic yards. Atwo-cubic-yard volume is a little smaller than a 4'x4'x4' cube.)
Mr. Christopher J. Yuen., ~'lanning Director
May 30, 2002
Page 3
4. A stand-up, environmental precautionary sign should be installed next to each
drainage well. The stand-up sign should be easily readable from at least 30 feet and
permanently posted at an effective and safe position and height. Regulations affecting
such signs, if any, should be obeyed. If a stand-up sign is not practicable, the sign
should be painted on the ground near the drainage well's inlet. A stand-up sign is
preferred; aground-painted sign is a last alternative.
Suggested wording for the environmental precautionary sign:
DUMP NO WASTES
GOES TO GROUNDWATER
AND OCEAN.
HELP PROTECT IiAWAI' I'S
ENVIRONMENT.
If you have any questions, please contact Chauncey Hew of the Safe Drinking Water Eranch
at (808) 586-4258 (Honolulu).
Sincerely,
r
GARY GII,
Deputy Director
Environmental Health Administration
c: WWB
SDWB
DEP~~IZTMENT OP Elo1VII~ONMENTAL MANAGEMENT
SOLID W~4ST~` DIVISION
COUNTY OF HAWAII - 108 RAILROAD AVENUE - HILO, HI 96720
~ HII,O (808) 961-8339 WAIMEA (808) 887-3018 KONA (808) 327-3507
r'
`''x'
Rp ~
Apri126, 2002 -
L
TO: Christopher Yuen
Pl nning Director -
FROM: IJ ence E~'~ pellas, P.E.
" S lid Waste" vision Chief
SUBJECT: CHANGE OF ZONE APPLICATION
TMK: 7-3-051:060
Attached is a write up recently sent to the State Department of Business,
Economic Development and Tourism. The document was a correction of a write up
FAX'd to this office for review and relates to a similar type development in the same area
as the subject parcel involved in the Change of Zone.
This division is experiencing increased concern over the steadily diminishing
permitted volume of the West Hawaii Landfill and what appears to be development's
mindset to send all used or unwanted material to the landfill. Landfill space is finite,
whether the life span be 10 years or 40 years.
We will consistently encourage re-use or separation of recyclable commodities
from the waste stream (landfill diversion) and expect that development applications will
address the issue seriously. If the encouragement finds no significant result, this division
may insist that all development be conditioned with CC&R's mandating separation and
reuse of waste stream commodities, with possible penalties attached for non-compliance.
The increase in refuse anticipated to be generated from this project and the
Kaloko-Honokohau Business Park may approach a 12% increase over our present daily
refuse stream. This impact should be viewed cumulatively, along with other planned
development in the region, and not as stand alone ventures.
LEC
Attachment
c: File t ~
~IIfi
Solid Waste IDasposal
The County of Hawaii does not provide solid waste collection services to
individual residences or businesses on the island. The previous landfill on the west side
of the island was located in Kealakehe. This landfill was closed in 1993, however there
is a transfer station adjacent to this site where solid waste from residences is received,
compacted, and transported in trailers to the new West Hawaii Landfill at Puuanahulu.
Solid waste generated from this proposed project will be collected by private
refuse haulers and taken to the landfill in Puuanahulu, located approximately 18 miles
north of the Petition area.
The area allotted for the West Hawaii Landfill is approximately 300 acres with
150 acres of the site designated for landfill purposes. Cells ranging in size from 3 to 5
acres within the 150 acres are opened as needed, usually at two to three year intervals.
The first cell of the 150 acres landfill at Puuanahulu was opened in 1993 with a projected
capacity of between 3 to 5 years. The landfill is currently working within the 4 of 22
cells.
The West Hawaii Landfill currently handles approximately 260 tons of refuse per
day, with a projected anticipated increase of 3000 tons per year for the next 5 to 6 years:
At this rate of anticipated increase of refuse there should be enough capacity for
approximately 70 to 75 years. This projection does not include the anticipated increase
of refuse being trucked from .East Hawaii to the West Hawaii Landfill starting in mid-
2004 with the closure of the Hilo Landfill. The island wide utilization of one landfill
may cut the life of the West Hawaii Landfill to about 40 years.
The Hilo Landfill is currently handling approximately 180 tons of refuse per day
and is scheduled for closure around mid-2004 when capacity has been used up.
Information provided in the FEIS states that the landfill at Puuanahulu will have
the capacity to handle municipal solid waste from West Hawaii. Operations at the
proposed Kaloko-Honokohau l3usiraess Park are anticipated to produce about 7,100 to
8,500 tons of trash annually, or approximately 19 to 23 tons per day.
The Petitioner does not anticipate that the construction and project operations will
result in substantial impact to the municipal solid waste collection and disposal system.
However, the County of Hawaii believes that there will be a significant effect from one
development contributing an increase of 8% to the existing daily refuse disposal.
The County of I-Iawaii, Department of Environmental Management, Solid Waste
Division encourages all new developments to produce a Solid Waste Management Plan.
The purpose of this plan is to address special conditions placed on new develop and
encourage an awareness of the need to divert the maximum amount of waste material
caused by developments away from our landfills. All developments should have a plan
Page 2
to divert construction waste and operational waste for alternate uses rather than sending
all refuse products to our landfills, which have finite capacity.
NOTE
Judith:
I have found that in reviewing development plans and petitions for changes of
zoning, the developers, or their planners and engineers, are engaged in an avoidance of
the meal problem with development related refuse. It's a practiced mindset of `everything
goes to the landfill'.
We are trying to address and change this attitude by placing the responsibility for
the effects of development on the shoulders of the developers, or at least bringing
awareness of the issue to those who create an issue of concern and asking them to address
it. The demand on public services and facilities has been taken for granted, as reflected
in the superficial attention given to items such as solid waste and landfill capacity in EIS
Statements, et C+.
Larry Capellas
J~tY OF h'~W
' Y~arryl J. ®liveir~
~-Iarry 11131 Fire Chief
Mayor
~p w e°oa•P
qTt OI' Mp'h'
C~our~~p of ~~~i `t
25 Aupuni Street • Suite 103 • Hilo, Hawaii 96720
(808) 961-8297 • Fax (808) 961-8296
April 23, 2002
To: Christopher J. Yuen, Planning Director
From: Darryl J. Oliveira, Fire Chief
SUSJECT: CI'-IANGE OF BONE APPLICATION (REZ 02-009)
APPLICANT: TSA CORPORATION
REC~UEST: OPEN (O) TO INDUSTRIAL-COMMERCIAL MIXED
DISTRICT (MCX-1a)
TMK: 7-3-051:060
Fire apparatus access roads shall be in accordance with UFC Section 10.207:
"'Fire Apparatus Access 12®ads
"Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and
maintained in accordance with the provisions ofi this section.
"(b) 1JVhere Ftequirecl. Fire apparatus access roads shall be required for every
building hereafter constructed when any portion of an exterior wall of the first story
is located more than 150 feet from fire department vehicle access as measured by
an unobstructed route around the exterior of the building.
"EXCEPTI®NS: 1. When buildings are completely protected with an
approved automatic fire sprinkler system, the provisions of this section may
be modified.
"2. When access roadways cannot be installed due to topography,
waterways, nonnegotiable grades or other similar conditions, the chief may
require additional fire protection as specified in Section 10.301 (b).
p,\I CpG
P
. <
~ill~ ~RFO~
Christopher J. Yuen, Planning Director
Page 2
April 23, 2002
"3. When there are not more than two Group R, Division 3 or Group M
Occupancies, the requirements of this section may be modified, provided, in
the opinion of the chief, fire-fighting or rescue operations would not be
impaired.
"More than one fire apparatus road may be required when it is determined by the
chief that access by a single road may be impaired by vehicle congestion,
condition of terrain, climatic conditions or other factors that could lim9t access.
"For high-piled combustible storage, see Section 81.109.
"(c) V4/idth. The unobstructed width of a fire apparatus access road shall meet the
requirements of the appropriate county jurisdiction.
"(d) \/ertical Cllearance. Fire apparatus access roads shall have an unobstructed
vertical clearance of not less than 13 feet 6 inches.
";EQ)(C~p°T6®N: Upon approval vertical clearance may be reduced, provided
such reduction does not impair access by fire apparatus and approved
signs are installed and maintained indicating the established vertical
clearance.
"(e) permissible M®dificatioros. Vertical clearances or widths required by this
section may be increased when, in the opinion of the chief, vertical clearances or
widths are not adequate to provide fire apparatus access.
"(f) Surface. Fire apparatus access roads shall be designed and maintained to
support the imposed loads of fire apparatus and shall be provided with a surface
so as to provide all-weather driving capabilities." (20 tons)
"(g) Turning radius. The turning radius of a fire apparatus access road shall be
as approved by the chief." (45 feet)
"(h) Turnar®unds. All dead-end fire apparatus access roads in excess of 150
feet in length shall be provided with approved provisions for the turning around of
fire apparatus.
"(i) Bridges. When a bridge is required to be used as access under this section, it
shall be constructed and maintained in accordance with the applicable sections of
the Building Code and using designed live loading sufficient to carry the imposed
loads of fire apparatus.
Christopher J. Yuen, Planning director
Page 3
April 23, 2002
"(j) Grade. The gradient for a fire apparatus access road shall not exceed the
maximum approved by the chief." (15%)
"(k) ®bstructi®n. The required width of any fire apparatus access road shall not
be obstructed in any manner, including parking of vehicles. Minimum required
widths and clearances established under this section shall be maintained at all
times.
"(I) Siigns. When required by the fire chief, approved signs or other approved
notices shall be provided and maintained for fire apparatus access roads to identify
such roads and prohibit the obstruction thereof or both."
Water supply shall be in accordance with UFC Section 10.301:
"(c) ilVater Supp9y. An approved water supply capable of supplying required fire
flow for fire protection shalt be provided to all premises upon which buildings or
portions of buildings are hereafter- constructed, in accordance with the respective
county water requirements. There shall be provided, when required by the chief,
on-site fire hydrants and mains capable of supplying the required fire flow.
°°Water supply may consist of reservoirs, pressure tanks, elevated tanks, water
mains or other fixed systems capable of providing the required fire flow.
'°The location, number and type of fire hydrants connected to a water supply
capable of delivering the required fire flow shall be protected as set forth by the
respective county water requirements. Ali hydrants shall be accessible to the fire
department apparatus by roadways meeting the requirements of Section 10.207."
ARR L ®LIV~iRA
Fsre Chief
RK:Ik
Jun®~8-2002 12:53 From®STATEWIOE T~'NSPORTATION PLANNING OFFICE 8085672362
T-862 P.001/004 1;-561
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STATEV~ID~ ~`RANSP®RTATIGN PLANNING ®lFPIC~
869 Punchb®wl Street, Roorrs 404
klonolulu, I~awaii 96$13
(587-]845; Fax 587-2362)
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Jun~~B®2002 12:53 Frog-STATEWIDE " iPORTATION PLANNING OFFICE 6085872362 T-862 P.002/00~ F°562
BEN.lAMIN J. C~Y~YAN~ .t c a, ~ 9FdI,RN K. lv11NA.4!
01{Z~TOR
GOVERNOR a „iR 4 vL
Q€~SJTY DISSECT®R$
~~ABV 6. bSei17A
~ .lADINE Y. IJF~,8A!(1
P
e .~°rA,"T'e;' ®F }l~~r~~' IN REPLY REFER To:
~~~e4~~~1~~ 01r ~~~~~Q~~T~~®N
969 PUNGhi~OWL STREET STl' 8.0377
' l10i~OLULU, liAWAlI 96913-5097
Jtaale 28, 2002
1Vlr. Christopher X~en
Director
Pla»agzg I}~sartrneaat
C®uraty of~a~raii
2S Aupursi S4reet, Roons 109
~Tilo, l-Iativai€ 96720-4252
;bear I~ir. Yuen:
Subject: 'TSA Coaporatioss (Kaloko Yndustrial Park Phases ffi ~ IV7
Application for fosse Change (R~~ 02-009)
Tlx: 7-3-051: 060
T`hanlc you far yo>!ar traxasrnittal regtaestin$ oar review of tlse satbject application.
-Vile disagree with the fia~din~s al~d conclusioass presegated in the Traffic Izrap~t Axaalysis Report
(TZAR) asad supplesrs~tal traffic study prepared for the subject applicataoax. used on our review
' ;®f the subject applications, we agsticipate signifscant'project g~erated traffic a~pacts ~ both
' Qum I~aahansu igh~?ay and ~iawaii $eIt load that the devel®per should be r~uired to
saaitigate. The traffic analyses provided, however, do zaot accurately assess the needs or
~de>quately identafy acceptable rneasaares to grai8ggate pr®,ject gerie~ted afsaets. V~`c rega~est that
the applicant be directed to revise aged resubamit the'I'IAR for ottx review ~,d cornrsi~t.
r
(aur specific cone with the traffic analyses subaraitted in conjtanctian wiCla the proposed
i project are provided as alts attach sent t® this letter.
e appreciate the oppoa'tussity to provide cornm~ts.
Wery Maly y®tars,
RlAN K. 3VdY.N'AAl
Iirector of Transportation
Attach. '
i
JunW~B®2002 12:54 Fr®m°STATEWIOE 'SPORTATION PLANNING OFFICE 8085672362 T-862 P.003/004 Fm562
l®k® Ind~st~~a~ ~~rk ~b~ses ~ ~
App~~at~®
~iav~~~i ~~pa ent ~'~~>~~p®rtati®n ~®mtn~nts
Jxe 2$, 2002
i
Qau specific coxaents to the firaffc lratpact Analysis Report (TIA1Z) and related c
study supplement subattitted for the subject project are as follows:
1, pages 16, 17, c~ 19 through 21 (exhibit 6-9 ~ Table 3): Calculations conducted
conjunction with intersection capacity analyses sh.®uld be includcdan flee repori:. `I`tae
report indicates that the southbound ]eft-turn movetneatt at the izatersecti~ of Qum
I~aahutnaaau 1^Iighway and Dina I.. Street will increase froaxt 88 vehicles per° la€sur
('V) to 201 VPJi due t® project generated t~f3fic and fleet it will continues t® ~ea°ate
• at LOS dtg the AM peak hour. ~Ve wish to view flee calculations conducted an
conjexasctaoax with tlxis intersecti®n capacity analysis ~ our pre ' review .
anticipates unacceptable intersection operations due to project-generated ianpacts.
' ,2, Page 22: 1'lae Th4R ittcoa~ectly coaacludes that the project will not i~pztc# #e~cctao~x
operation at ~3ina Lanai Street and 1"Iawaii felt Road since project®genne~ted c
represents only a 1.0% increase iaa traffic entering the intersectf on cluaazag the ~ p
• how' axed a ~.7®/® increase dung the 1?M peals of total traffic entering ~e integsectir.
The proposed project avi11 sigrsific~ttly increases traffic voluanes at fifes iattersoat and
will xaegatively impact intersection operations, especially the left-tura~ and rYglat r~.
i movement from the arainor street onto the higtaway. The `TIER must appropriately
analyze intersection operatiots for the e~cisting, without project, seed with project
conditions and identify appropriate measures is~ mitigate project-generated ianpa~cts.
star preligninary review anticipate$ u~cceptable intersection operations axed the need
for intersections ianproveznerats to mitigate project generated impacts.
3. Page 13, Section ~ Trip l3istribution: The TT~?IZ rxaust appropriately document and
justify flee assumptions made in the distribution and assigttanent of project generated
trips. The distributions and assignment of project-generated traps must he based on valid
assutraptions and rational and explained Arad docuincaated in the report.
• The temporary coning of Queen ~aaltuzanaazu kiiglsway during the peak periods as a
• means of mitigating project generated ixxapacts is unacceptable and issappropriate. We
are opposed t® the itsterim mitigation measure proposed in the traffic iaatpact stttd}F
supplernexzt dated May 2, 2001, as it would be a sig~tificant added burden oat site :Mate
p®~` to operate and anaintain a daily corning operatioaa to attitigate project geraeratcd
irnpacts_ 'I'lea ~'IAR nnust be revised and submitted for our review to intclude
appropriate irateriaxs axaeasuges to st3itigate project generated traffic impacts that the
developer is responsible for pursuing.
5. The traffic impact study supplement dated May 2, 2001 rmust be revised and
resubanitted for our review to also include appropriate technical analysis seed
documentation that quantifies the project impacts and flee isxaproved operations that will
result froiza proposed raaitigation rraeasures>
Jun-Z3°2002 12:54 Frog®STATEWIDE ` ~SPORTATION PLANNING OFFICE 8065672362 T-862 P.004/004 Fm562
6. The developer should be responsible tv pay their fair share of regional trarasp®aYatioa'a
improvements, inGlaYdatag but not liaraited to the widening of Queen Kaahtarxaanu
I-liglaway and ~#'~c signal iaraprovemea~ats along Queen Kaah~zaarau l-%ighway and along
I~awaii felt IZ®ad.
7. All required roadway iinpr®verr~ents shall be provided at no cost to the State.
8. playas #'or corasta~actiora work within the State highway right-of--way shalll be stab~aitted
for our view grad approval. 'T`hese plans should incorporate appropriate intersection
aid roadway designs to accornraxodate larger commercial vehicles gented by the
propose.! industrial park.
e
i
6351-01
May 30, 2002
. - L: n
_ Mr. Christopher J. Yuen ~ ' -
~ Planning Director -
County of Hawaii ~
A, i-~.ssoCIATES, ~~Ir, Planning Department
- - ~ 25 Aupuni Street, Room 109
Hilo, Hawaii 96720
A:
Subject: Change of Zone Application
. Open to Industrial-Commercial Mixed District
.
TSA Corporation, TMK 7-3-051:060
Dear Mr. Yuen:
ENC,INEERS Thank you for providing us with agency comments received regarding the subject
PLANNERS project. In response to those comments, we would appreciate your taking the
1907 S. BEr~ETANIAST. fOIIOWIng Into COnSlderatlOn.
SUITE ?OG
FiG.` I ':LULL', !il 90~'2r
~~H. Isoe}~46-z27~ Department of Environment Management
FAX: 1808} 946-2253
We understand the concerns regarding the need for increasing attention and
concern for the reuse and recycling of solid waste. As such, a Solid Waste
Management Plan will be prepared for review and approval by the Department of
Environment Management prior to receipt of final subdivision approval. The Plan
will include measures to encourage individual tenants to .provide separate trash bins
and accommodate the recycling of materials. The Plan would also include
educational brochures and flyers, and newsletters issued through the proposed
development's association.
Fire Department
We acknowledge the indicated requirements to provide adequate fire apparatus
access roads within the proposed commercial-industrial subdivision. All roads will
be designed and built to County standards, including the fire access provisions in
UFC Section 10.207.
We also acknowledge the indicated requirements to provide adequate water supply
and fire hydrants for fire flow protection. Water supply lines will be sized to provide
for the required fire flow protection along all access roads and to service each lot
throughout the subdivision.
Police Department
We are aware of the concerns regarding the increasing traffic congestion in the
surrounding roadways. To address these concerns, the State Land. Use
Commission (LUC) in its Decision and Order granting Urban District approval in
February 2002, provided that the Petitioner TSA Corporation shall:
1. Participate in a regional transportation planning forum to address the timing,
costs, and contributions for improvements on Queen Kaahumanu Highway;
f~%F9i
-~~~~'~x`~~~~a 6351-01
& A~50CIATI-S, INC. Letter to Mr. Christopher Yuen
Page 2
May 30, 2002
2. Contribute to fair and reasonable pro-rata funding and construction of
regional transportation improvements and programs to the satisfaction of the
State Department of Transportation for the Petition Area;
3. Participate and collaborate with the County of Hawaii Department of Public
Works and other affected agencies in the development of County feeder
streets within the Petition Area,
4. Participate in the fair and reasonable pro-rata funding and construction of
any such roadways from its northern boundary to the southern boundary in
accordance with the roadway requirements of the County of Hawaii.
The County of Hawaii through its Deputy Managing Director and Planning
Department has also initiated a cooperative planning and infrastructure
development program in the Keahole to Kailua region of North Kona. The initial
focus is on roadway systems, for which TSA Corporation is actively participating in
the collaborative planning now underway.
We believe that the above efforts, in particular the LUC conditions which require the
applicant to participate in the funding and construction of roadway improvements,
will serve to address traffic congestion and improve roadway circulation in the area.
Thank you for your assistance and cooperation. If you should have any further
questions or comments, please feel free to call me at (808) 946-2277.
Sincerely,
Rodney 1=unakoshi
Project Manager
cc: Laurence Capellas, Solid Waste Division, Dept. of Environment Management
Darryl Oliveira, Eire Department
Thomas Hickcox, Police Department
M:1Woa16351-011Zone Change Application)Response-Planning.doc,5/30/2002
6351-01
May 30, 2002
Ms. Linnel T. Nishioka
Deputy Director
State of Hawaii
a, AssociA-rES, iNC,. Department of Land and Natural Resources ,
Commission on Water Resource Management
P.O. Box 621
Honolulu, Hawaii 96809
nJ •.Ni
i Subject: Change of Zone Application
Open to Industrial-Commercial Mixed District
. TSA Corporation, TMK 7-3-051:060
Dear Ms. Nishioka:
ENGINEERS
PLANNERS This is in response to your memorandum of May 3, 2002 to Mr. Christopher Yuen,
~50~ s. BE~ETaIVIAST. Planning Director regarding the subject zone change application.
;,IJITE 400
'^'CLU~-lJ, HI 9582:;
..~H. ~soB~sas-zz;~ Coordination with the County Water Use and Development Plan. The County's
FAX: (8081946-2253 Department of Water Supply is well aware of this development as the Applicant has
been making payments over the years towards the water facilities charge applicable
to the development.
_G round/surface water degradation and contamination. This project has received a
thorough review from fihe State Department of Health as part of fihe Land Use
District Boundary Amendment Decision and Order which was issued in 1=ebruary
2002. A wide range of water quality-related conditions have been imposed,
including:
Wastewater systems -enhanced septic systems designed to provide for nitrogen
and phosphorus removal from the wastewater stream; strict operation and
maintenance requirements for these systems; and limitations on development to no
more than 45 percent of lots until the County's sewer system is extended to serve
the area.
Storm and surface water runoff -treatment of industrial wastes and pollutants to
prevent entry into the ground-water table; covenants to contain spills and prevent
materials from leaching or draining into the ground or subsurface storm drain
collections areas; surface and storm water containment systems to ensure no
violation of State water quality standards; Underground Injection Control permit
requirements; installation of debris catch basins and oil/water separators where
petroleum products are used; preparation of a Pollution Prevention Pian for
permissible uses in the light industrial park; educational signage for drainage inlets,
parking lot design and best management practices to minimize impacts from
pollutants; and participation in a pollution prevention forum. The above are tied to
review and approvals as needed from the State Department of Health.
Ground water quality monitoring -contribute to a ground water quality monitoring
program of wells and pond systems in the Kaloko-Honokohau National Historical
Park.
`a~ as >
~ ~~.Ti~ ~ 6351-01
& ASSOCIATES, ANC. I-etter to Ms. Linnet Nishioka
Page 2
May 30, 2002
We believe that the above efforts will serve to address your concerns regarding
ground and surface water degradation and contamination.
Thank you for your interest and concern. If you should have any further questions,
please feel free to call me at (808) 946-2277.
Sincerely,
Rodney Funakoshi
Project Manager
cc: Christopher Yuen, Planning Department
M:1Woa16351-01~Zone Change ApplicationlResponse-DLNR.doc,5/30/2002
5351-01
May 30, 2002
Ms. Geraldine Bell
_ _ Superintendent
~~~r~`~~ National Park Service -
& ASSOCIATES, iNC. Kaloko-Honokohau National Historical Park
- 73-4786 Kanalani Street, #114
Kailua-Kona, Hawaii 96740
°~<~>r~j=~ Subject: Change of Zone Application
. r, o: s pi .,.J<
Open to Industrial-Commercial Mixed District
TSA Corporation, TMK 7-3-051:060
This is in response to your letter of May 13, 2002 to Mr. Christopher Yuen, Planning
Director regarding the subject zone change application.
ENGINEERS
PLANNERS We wish to acknowledge your comments regarding water quality and resource
1907 S. BERETANIAST. protection in the interests of the Kaloko-Honokohau National Historical Park. We
suir~ aoo
Nnr~r„-,,, „ ~ha~F also acknowledge and have thus included the full text of the State Land Use
~Fi. csoe>~ac-zz~i Commission's (LUC) Findings of Fact, Conclusions of Law, and Decision and Order
FAX: (803)946-2253 in our County application for Change of Zone.
Petitioner TSA Corporation-has agreed to abide by the LUC conditions of approval
and is proceeding on this basis with the proposed development. Inasmuch as the
County of Hawaii was an active participant in the LUC proceedings throughout, we
believe they are also well aware of the Park's concerns.
Since a number of the LUC conditions require the collaboration and consultation
among TSA Corporation, the Kaloko-Honokohau National Historical Park and other
governmental agencies, we hope to be providing you and the Advisory Commission
with periodic status reports of our progress.
We appreciate the past cooperation and assistance extended by you and your staff.
It is in this cooperative spirit that we look forward to continued discussions with your
office. If you should have any questions, please feel free to call me at
(808) 946-2277.
Sincerely,
- 1
Rodney Funakoshi
Project Manager
cc: Christopher Yuen, Planning Department
M:1Woa\6351-011Zone Change ApplicationlResponse-KAHO.doc,5/30/2002
1
6351-01
June 26, 2002
~~~T~
r.~
~~~~'l~®
& ASSOCIATES, ANC. Mr. Christopher J. Yuen
Planning Director
County of Hawaii
_ v Planning Department
v Y..:,~:
25 Aupuni Street, Room 109
Hilo, Hawaii 96720
Subject: Change of Zone Application
Open to Industrial-Commercial Mixed District
ENGINEERS TSA Corporation, TMK 7-3-051:060
PLANNERS
1907 S. BERETANIA ST.
sulT;= Gno Dear Mr. Yuen:
~~orlo~u~u, HI ss~2E~
P". caoai94s-22T Thank ou for rovidin us with a enc comments received from the State
FAX: (808!946-2253 y p g g y
Department of Health (May 30, 2002 Ref. 02-109/epo) regarding the subject project.
In response to those comments, we would appreciate your taking the following into
consideration.
Wastewater Branch
The Indicated requirement that the project must connect to the County sewer system
and the acceptability of interim on-site-wastewater systems are acknowledged. More
specific reference to these requirements is contained in the conditions imposed from
the State Land Use Commission's Decision and Order for the subject project (Docket
AO-732, February 14, 2002, Conditions 1 a to 1 g).
Safe Drinking Water Branch
The recommendations addressing ground-water pollution are also acknowledged.
Tl;.ese raCOi~imer~uatUlis are similar to of cuvereu b'y' Coriultlorls 2c io 2h, 3b and 3c
imposed from the State Land Use Commission's Decision and Order for the subject
project.
Since the State Land Use Commission has addressed these issues and imposed
appropriate conditions, compliance with the pertinent conditions should adequately
meet the Department of Health's concerns.
1 IT x~y,.-°
6351-01
- Letter to Mr. Christopher Yuen
~~~5 Wage 2
~~T~ June 26, 2002
& /ASSOCIATES, INC.
Thank you for your assistance and cooperation. If you should have any further
questions or comments, please feel free to call me at (808) 946-2277.
Sincerely,
Rodney Funakoshi, Project Manager
RYF/rkh
cc: Gary Gill, State Department of Health
Statement of Kaloko-~[onokohau National Historical Park
TSA Application for Zone Change
Hawaii County Planning Commission Hearing
July 3, 2002
My name is Nicole Walthall. I am an Assistant Field Solicitor for the Department of
Interior representing the National Park Service, Kaloko-Honokohau National Historical
Park. Thank you for this opportunity to comment on the Change of Zoning- Application
for Phases III and IV of the Kaloko Industrial Park from Open District to Industrial-
Commercial Mixed District.
As expressed in our written comments to the Planning Department, the National Park is
primarily concerned with the protection of the pristine groundwater that flows from the
mountain mauka of the Park (under all of the mauka development) and into the Park's
nearshore and coastal waters. The Park's cultural and natural resources, including the
most significant wetland along the Kona coast, are sustained by this fresh groundwater.
The growing industrial development in west Hawaii is affecting this region's water
quality. Late last year, the Environmental Protection Agency announced that twelve
areas in West Hawaii no longer meet state water quality standards, including Kailua Bay,
Magic Sands Beach and Banyan Surf Area. In the Park, Aimakapa Pond is showing
signs of excessive nutrient input. Studies offish tissue and sediments from <Aimakapa
Pond have found traces of heptachlor, chordane-related compounds, dieldrin, mirex,
endrin, DDE and DDT, among others. Many of these contaminants are pesticides and
herbicides. One groundwater well in the Park shows evidence of petroleum
contamination. The current Kaloko Industrial Park has experienced at lease one oil spill
and the most recent annual report to the Land Use Commission from the McClean
property, which is also mauka of the National Park, reported four petroleum spills, one of
which was so severe that the contamination reached 30 feet below ground.
In its consideration of the proposed new industrial development, the State Land Use
Commission recognized the potential adverse impacts of this proposed development and
identified the legal and constitutional obligation to protect and preserve the Park's
resources and native Hawaiian cultural practices. Like the Land Use Commission, the
County must follow the mandates of the Hawaii Constitution and the federal Coastal
Zone Management Act and impose mitigation measures that protect the Park's natural
and cultural resources.
The Park is please to see that the Planning Department's Background Report and
Recommendation call for compliance with all of the Land Use Commission's conditions.
But the Land Use Commission's conditions alone are not adequate. Because of
arguments put forth by TSA and the County during the hearings, the Land Use
Commission stopped short of applying surface water runoff mitigation measures to the
construction and maintenance of the County roads within the development.
All impermeable surfaces, including the roadways dedicated to the County, should be
subject to similar conditions. Like the impervious areas within an industrial
Re'd ate ~ mtg by
1 'd Read
~Il~)~ ~QP~t
development, roadways also contribute to the significant risk of surface water
contamination. Surface water runoff from roadways is exposed to petroleum products,
metals and other pollutants that threaten the resources of the National Park. The
consequences of this nonpoint source pollution include an increased risk of disease, algae
blooms, fish kills, destroyed aquatic habitats, and turbid waters.
It is up to the County now to acknowledge and incorporate all of the Land Use
Commission's surface water runoff conditions as applicable to the public road
construction and maintenance within this proposed development.
The Coastal Zone Management Act, as implemented by the State of Hawaii, requires all
counties to develop new rules for road construction, maintenance and operation that will
adequately mitigate impacts from polluted runoff. The County of Hawaii is now under
contract with the State to achieve this mandate - by 2403 if the State is to avoid federal
penalties. But there is no point in waiting. The most effective and economical time to
address control of nonpoint source pollution from roads and highways is during the initial
planning and design phase. Erosion and sediment control structures should be planned
and located during the design phase and included as part of the design specifications to
ensure that such structures are provided. The County should act now, today, to ensure
that the development mauka of this National Park meets these new requirements to
protect coastal waters and the valuable resources of the National Park.
For all these reasons, the County, at a minimum, should expressly adopt as applicable to
all areas of TSA development, including those public roads dedicated to the County,
those Land Use Commission's conditions of approval requiring surface water
containment systems, catch basins, and vegetated swales to remove surface water
contaminants, as well as maintenance plans to ensure long-term effectiveness of these
measures.
Finally, the Park requests that the Planning Commission specifically exclude a
particularly threatening use from TSA's planned development the storage, sale or
manufacturing of pesticides, including herbicides. "Pest control facility" is not listed as a
permitted business use in Industrial-Commercial Mixed Zone (MCX), so we assume that
no such use could be permitted. However, Phases I and II were designated Limited
Industrial (ML-la) and a pest control business called "Terminix" is a current tenant in the
existing Phase II of Kaloko Industrial Park. It is not clear whether pesticide control
facilities are allowed in the Limited Industrial Zone, either. Regardless, the pesticide and
pesticide-related compounds that have been found in the Park's fishpond sediments and
fish tissue include several chemicals that were used or are currently used for termite
control. Pesticides are a significant source of groundwater contaminant on the Island of
Oahu. A major spill of pesticides in the project area could reach the groundwater and be
devastating to marine, fishpond, and anchialine pool species and adversely impact
Hawaiian cultural practices. Even small releases can build up in animal tissue causing
reproductive and other endocrine disorders. Therefore, we request the Planning
Commission explicitly exclude from Phases III and IV any facility involving pesticide
storage, sale, use or manufacturing in order to prevent their possible release into the Park
environment.
Thank you for your time and consideration of our comments. ~t-~1
2
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I~~~AR~fe/9~N`T' ®IF" dNA~~I~ ~UFaPI~Y • ~OUI°'Y 11l4IA11
fi-
dyT! ,fp 345 KEKUANAOA STREET, SUITE 20 HILO, HAWAII 967~`~ ~ C.._.
=F HPW Fo~.~ C
TELEPHONE (808) 961-8050 FAX (808) 961-8657-_•
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July 1, 2002 ~
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TO: Mr. Christopher J. Yuen, Planning Director
Planning Department
FROM: Milton D. Pavao, Manager
SUIa~JECT: CILA.NGE OF ZONE APPLICATdON (REZ 02-009)
APPLICANT - TSA CORPORATION
REQUEST -OPEN (O) TOINDUSTRIAL-COMMERCIAL MIXED DISTIBICT (MCX-lA)
TAX MAP I~EY 7-3-051:060
We -have reviewed the subject application for the proposed change of zone and have the following comments.
The. applicant has a water commitment for 851 units of water, which expires on May 31, 2003.
For the applicant's information, should the subject change of zone be approved and a subdivision application
executed, final approval will be subject to the following requirements:
1. .Construct necessary water system improvements, which shall include, but not be limited to:
a. water mains capable of delivering water at adequate pressure and volume under both peak-flow and fire-flow
conditions; minimum diameter of mains shall be 12 inches;
b. service laterals that will accommodate an appropriately sized meter to each lot; and
c. fire hydrants spaced not more than 300-feet apart.
Submit installation plans prepared by a professional engineer, architect, or land surveyor, registered in the State
of Hawaii, for review and approval.
2. :Remit the prevailing facilities charge balance based on 820 units of water, which is subject to change, of
:$1,148,000.00. This is due and payable upon completion of the installation of the required water system
improvements and prior to final subdivision approval being granted.
For your information, the total facilities charge requirement for 820 units of water, which is subject to change, is
:$3,567,000.00. However, the total water commitment deposit paid to date for 820 units is $2,419,000.00. Water
.commitment deposits are credited towards the final facilities charge requirement for the development.
Note that the amount of water commitment deposit may exceed the prevailing facilities charge amount; for
:example, when requests for time extensions continue and are approved. Until the development is finally
.completed, these are separate and unrelated items. In the event that water commitment deposits exceed the
facilities charge, no refunds are applicable. With this understanding, the current facilities charge balance for 820
units is $1,148,000.00. However, the applicant may wish to use the entire water commitment deposit for 851
units towards the final facilities charge requirement for the development and waive the extra 31 units, which will
change the facilities charge balance.
/ :~.i~
I/Vc~ter ~rivcc~~ rro~Cre~~... V ,
Mr. Christopher J. Yuen, Planning Director
Page 2
July 1, 2002
3. Submit the appropriate documents, properly prepared and executed, to convey the water system improvements
and necessary easements to the Water Board of the County of Hawaii prior to final subdivision approval being
granted. A registered land surveyor shall stamp and certify the metes and bounds description within the
conveyance documents. However, prior to water meter services being granted to the development or any lots
within, the conveyance documents shall be accepted by the Water Board.
4. Comply with all other applicable policies and requirements of the Department's Rules and Regulations.
Noncompliance maybe cause for voiding this water commitment, at which time availability will be subject to
change in accordance with the prevailing water system conditions, policies, and Rules and Regulations.
Should there be any questions, please call our Water Resources and Planning Branch at 961-8070.
Sincerely yours,
ilton D. Pavao, P.E.
Manager
BCM/SHK:dms
copy - TSA Corporation
Wilson Okamoto & Associates, Inc.
Mr. Sidney M. Puke
Mr. Michael Watanabe, DWS Micro Lab