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HomeMy WebLinkAboutCOM 0019.000 2002-2004Harry Kim Mayor Dixie Kaetsu Managing Director Peter T. Young L j } Duty Managing Director _ ,_i County of Hawaii . 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 (808) 961-82(, C4,_F,ax{808),961-65; 3-` ' !" KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 • Fax (808) 326-5663 November 18, 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: Initiator: Planning Director Amend Section 25-8-33 (City of Hilo Zone Map), Article 8 Chapter 25 (Zoning Code) of the Hawaii County Code — Kaumana & Ponahawai Initiator: Planning Director Amend Section 25-8-33 (City of Hilo Zone Map), Article 8 Chapter 25 (Zoning Code) of the Hawaii County Code — Waiakea Change of Zone Application (REZ 02-013) Applicant: Sunstone Realty Partners X, LLC Request: RS -10 to RM -4 Tax Map Key: 7-5-18:8 `hOa11532<<z f£' C.s:�i4tr�ft`-r�4�'4plicclatio(R.17 is 7 022-01 zan- ) l}esf} e. -St S'o.S'22f to CV -20 As required by Chapter 4, Sec. 64.3(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. Sin ely, rry Kim ` ayor L101802may Enclosures cc: Planning Department 18111 4 Harry Kim Manor County of Hawaii PLANNING COMMISSION 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808)961-8288 • Fax(808)961-8742 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 02-011) Applicant: Maurice Thomas Request: RS -20 to CV -20 Tax Mab Key: 1-9-4:12ortiQn of 14 The Planning Commission, after a duly held public hearing on October 18, 2002, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 1.416 acres of land from Single Family Residential (RS -20) to Village Commercial (CV -20). The property is the site of the existing True Value Hardware Store in the Olaa Summer Lots, along and on the northwest side (mauka) of Old Volcano Road in Volcano Village, Puna, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The request for a change of zone designation from Single Family Residential (RS -20) to Village Commercial (CV -20) for approximately 1.416 acres would allow the applicant to expand the existing commercial operation to include a lumber storage facility and equipment rental facility on the subject property. There is an existing True Value Hardware Store, a Thai restaurant, laundromat and information booth on the existing CV -20 zoned portion of the property. 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 Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 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 decisions must be also considered as they may have an impact on similar areas in the County. The subject of this request is a portion of a larger parcel consisting of 5.44 acres. The availability of a County approved water system had been a consideration in denying an earlier request by the applicant to rezone this property. Subsequently, Resolution No. 247 94 was passed by the County Council in 1994, establishing conditions for approving zoning requests in areas not served by a County approved water system. As a result, in 1995, Change of Zone Ordinance No. 95-124 was approved to allow the applicant to rezone a 1.442 -acre portion of the subject property along the Old Volcano Highway from RS -20 to CV -20. The proposed request from Single Family Residential (RS -20) to a Village Commercial (CV -20) zoned district will conform to the following goals, policies and standards of the General Plan Economic and Land Use (General and Commercial) Elements of the General Plan. ECONQMIQ 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 diversification of its economy by strengthening existing industries and attracting new endeavors. LAND USE --GENERAL 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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 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 requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. LAND USE — COMMERCIAL 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. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. • Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. • The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. Commercial development shall be located in areas adequately served by transportation, utilities, and other amenities. Commercial developments shall provide for adequate internal circulation amongst commercial facilities in the area. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic land use pattern for areas within the County. The Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 subject area is Medium Density Urban, with the remainder of the property towards Kilauea Road designated Low Density Urban. The Medium Density Urban designation may allow for village and neighborhood commercial and related functions (3 -story commercial; residential - up to 35 units per acre). As the General Plan LUPAG Map is intended to guide the direction of future development, it is broad and flexible; and it indicates the general location of various land uses in relation to each other. A 1.442 -acre portion of the subject property along the Old Volcano Highway was rezoned from RS -20 to CV -20 in 1995. The proposed area of rezoning would be an expansion of the existing CV -20 zoned area. The Volcano Vision 2020 plan was developed as a planning document to determine a preferred future while maintaining the rural atmosphere of the Volcano community. The Plan included value statements, goals & objectives, and design guidelines for development in Volcano. A preliminary commercial core was identified between Wright Road and the Post Office, where existing commercial uses are established. Although this Plan was submitted to the County in 1996, it was never formally adopted by the County Council. The property is classified as Zone X, areas determined to be outside the 500 -year flood plain. The Soil Conservation Service Soil Survey Report classifies the soils as Puhimau Series (rPHB) which consists of shallow, well -drained silt loams that formed in volcanic ash and pumice over pahoehoe lava bedrock. Soils within the subject property have been classified as "D" or Poor for agricultural productivity by the Land Study Bureau's Detailed Land Classification System. Soils within the subject property are also classified as "Prime Agricultural Land" by the ALISH system. The proposed change of zone will not unreasonably burden public agencies to provide roads and streets, sewer, water, drainage, schools, police and fire protection, and other related infrastructure. The parcel is located on the Old Volcano Highway, which has an approximately 20 -foot wide pavement within a 50 -foot right-of-way. The Old Volcano Highway is maintained by the County. As such, the existing roadways are adequate to accommodate traffic from the proposed rezoning. Access will be limited to the existing portion of the property that is already commercially zoned. There are no curb, gutter and sidewalk improvements in the Volcano area as the village is rural in nature. Thus to require these improvements would be incompatible with the area and change the unique character and rural ambiance of the community. Therefore, although recommended by the Department of Public Works, these improvements are not included as a condition of approval. Streetlights and other traffic control devices, however, shall be installed as required by the Department of Public Works, Traffic Division. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 County water is not available to the subject property. However, Resolution No. 247 94 was adopted on July 20, 1994, which established criteria for water catchment systems to allow for the zoning of lands in urban designated areas without the necessary infrastructure for water. The subject request will be consistent with the criteria of this resolution. The applicant has an existing 300,000 -gallon reservoir which is located between the existing and proposed structures. The applicant will maintain adequate reserves of water in the amount of 50,000 gallons within the existing 300,000 -gallon reservoir at all times for fire protection measures. For patrons, bottled or potable water will be provided. Therefore, due to the nature of the proposed uses, water needs can be adequately addressed through the existing reservoir. Finally, a condition is included to require restrictive covenants that will establish minimum water storage requirements on the property. A drainage system shall be constructed, meeting with the approval of the Department of Public Works. The applicant will be required to develop a Solid Waste Management Plan subject to the approval of the Department of Environmental Management. Other requirements such as earthwork activity and wastewater disposal systems shall meet with the requirements of appropriate agencies when construction occurs on the subject property. There are existing telephone and electrical lines to service the property. There is also a volunteer fire station within one mile of the subject area and Police services are available in Kea`au. Finally, agencies had no objections to the request. Impacts associated with the commercial development such as visual and noise concerns shall be mitigated through conditions of approval. To maintain the rural character of the area and to mitigate any adverse noise and/or visual impacts in respect of adjoining residents, specific landscaping requirements are being imposed. Landscaping buffers shall be established along all property lines, along the rear of the rezoned area, as well as between the existing and proposed development. The applicant shall also be required to comply with Rule 17, Landscaping Rules of the Planning Department, for the commercial development. Further, in light of reviewing the existing development in relation to the entire commercial development, plans shall show additional landscaping, to include additional trees along the frontage of the subject property, adjacent to the Old Volcano Road. Also, additional landscaping shall be included within the interior of the existing parking lot. The retention of the existing forest cover and the use of native plants shall also be required. Further, as defined by the Zoning Code, retail establishments shall be prohibited from having open storage yards. Therefore, all materials and rental equipment are required to be stored indoors. No outdoor displays or temporary storage containers will be allowed. All repair work and testing of rental equipment will also occur within the Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 buildings to minimize visual and noise impacts to adjoining property owners. Finally, the applicant has agreed to install heat, instead of motion sensors, for security lighting. The applicant has received support for his plans based on a lumber storage facility and equipment rental facility as it would provide conveniences for the community. The granting of a CV -20 zoning, would in fact, allow for a wider range of permitted uses than requested. Therefore, a condition is included to prohibit specific normally permitted CV uses due to the lack of a County water system. We do not want to encourage high density residential uses relying on water catchment. With this commercial zoning, the applicant could construct double -family or multiple -family residential units requiring only 1,250 square feet of land area per rentable or dwelling units. He could, in essence, construct approximately 39 imits. Also, boarding facilities, rooming or lodging houses; hotels; and lodges are also listed as permitted uses. It is a concern than such high-density residential or transient accommodation uses would not be appropriate in an area lacking the necessary infrastructure for water. Therefore, double -family or multi -family residential uses, boarding facilities, rooming or lodging houses, hotels and lodges shall not be allowed. Further, the construction of single-family dwellings shall be limited to what would normally be permitted by the existing RS -20 zoning. Finally, to preserve the rural ambiance and tranquility of the Volcano area and to minimize potential noise and visual impacts or. the neighboring properties and uses, major repair establishments, as defined by the Zoning Code, shall be prohibited. The subject development is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. It is located more than seven miles from the nearest coastline. The proposed development will not adversely impact recreational resources, including access to and along the shoreline or to mountain areas, scenic and open space vistas, visual resources to the shoreline, coastal ecosystems and marine ecosystems. It is recommended that the applicant consult with the Historic Preservation Division, Department of Land and Natural Resources to verify that the property does not contain any archaeological, lava tubes, cultural or historic sites and follow any guidelines established by that agency in the event that historic, cultural or archaeological sites are uncovered in the course of development. Lands surrounding this property to the east and west are similar in size and also zoned RS -20. Use Permits for a Bed and Breakfast establishment and a Wellness Center was approved on the adjacent property to the west (Kau side). A telephone substation is located on a 2,324 -square foot parcel adjacent to the east (Hilo side). The Kilauea General Store (formerly Hongo Store) and the Kilauea Lodge and Restaurant are situated on Commercial zoned (CV -10) lands approximately 170 feet and 610 feet, respectively, Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 to the east. Across the subject property, along the Old Volcano Highway, lands are zoned A -20a. There is a Cxisting telecommunication tower across the subject property. In addition, the Volcano General Store is situated at the corner of Haunani Road and Old Volcano Road approximately 730 feet west of the property. The Planning Department received numerous comments, concerns, and position statements supporting and opposing the development from the community and the general public. Primary issues included whether the proposal was being developed in substantial compliance with Volcano Vision 2020, the appropriateness of the proposed use, visual impacts, noise impacts, traffic, landscaping and the retention of native forest. The Volcano Vision 2020 plan, although containing value statements and guidelines for development, was never formally adopted by the County Council. To mitigate these concerns, the Department has included conditions that shall prohibit outdoor storage of material and rental equipment, prohibit specific uses, require a comprehensive landscaping plan, require heat sensors for security lighting and limit hours of operation. There were many letters regarding preservation of the forest. Although, the department sympathizes with this goal, the present zoning is RS -20, not conservation. Retention of any forested lands under present zoning is a voluntary matter by the owner. The immediate area along the Old Volcano Road, already serves as a commercial corridor for development, where likely expansion of commercial uses should occur. Therefore, a favorable recommendation of this change of zone request will be consistent with the surrounding land use pattern already established within the Volcano area. As such, the granting of the proposed use will not adversely affect similar or related existing uses within the surrounding area, community or region with mitigative measures in place. Based on the above findings, approval of the change of zone request from Single Family Residential (RS -20) to a Village Commercial (CV -20) zoned district would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-23 (Volcano -Mt. View Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval are attached to the draft bill. For your favorable consideration, an amendment to Section 25-8-23, the Volcano -Mt. View Zone Map, of the County Zoning Code is transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 8 We are enclosing a copy of the application and a copy of the staff background for your information. Sinc.erely, Geraldine M. Giffin, Chairman Planning Commission Lthomas02PC Enclosures cc: Mr. Sidney Fuke Mr. Maurice Thomas Department of Public Works Department of Water Supply Department of Land & Natural Resources Brian Minaai, Director/DOT-Highways, Honolulu BThomasRezEOWed8/9/0? COUNT' OF HA WAIJ PLANNING DEPARTMENT BACKGROUND REPORT" MAURICE THOMAS CHANGE OF ZONE APPLICATION NO. 02-011 MAURICE THOMAS is requesting a Change of Zone for approximately 1.416 acres of land from a Single -Family Residential (RS -20) to a Village Commercial (CV -20) zoned district. The property is the site of the existing True Value Hardware Store in the Olaa Summer Lots, along and on the northwest (rnauka) side of the Old Volcano Road, Puna, Hawai' i, TMK: 1-9-04: Portion of 14. BACKGROUND INFORMATION August 24, 1988: The applicant submitted a Change of Zone Application to rezone approximately 2.5 acres of the subject property from RS -20 to CV -10. The applicant proposed to establish three businesses: a home and garden center, a 10 -unit lodge, and an automobile repair facility. At that time subject property was undeveloped. Note: According to the Department files, the applicant had previously submitted a similar application for 5.44 acres, which was subsequently withdrawn and resubmitted for a portion of the parcel consisting of 2.5 acres. 2. November 15, 1988: The Planning Commission, at its public hearing, recommended that the rezoning request be denied. Some concerns expressed at the public hearing questioned the appropriateness of allowing additional commercial development prior to the implementation of a community development plan and a design plan. The basis for the denial recommendation, however, was the unavailability of a County -approved water system to support the proposed development. I . January 11, 1989: The County Council agreed with the Planning Committee's report, which was not in accord with Bill No. 3 and recommended the file be closed. 4. July 20, 1994: The County Council adopted Resolution No. 247 94 establishing criteria for change of zone applications in areas not served by a County approved water system. 5. November 1, 1994: The applicant submitted a request to rezone 2.504 acres from Single Family Residential (RS -20) to Village Commercial (CV -20). The request generated significant community involvement and the Planning Commission recommended approval for 1.442 acres of the subject parcel, which consists of that portion of the property with road frontage on the Old Volcano Highway. The County Council adopted Ordinance No. 95-124 on October 25, 1995 effectively rezoning 1.442 acres of the subject property from RS -20 to CV -20. All conditions of this Ordinance have been complied with. ADDITIONAL INI; OR11IA'ION 6. Building Permits: The following building permits have been issued on the subject property: Permit # Structure Date Opened Date Closed 881518 Dwelling 8/08/88 12/13/96 882394 Add Bar Sink 12/19/88 12/13/96 930417 Plant Nursery 3/09/93 10/31/95 931099 Dwelling 6/15/93 11/03/93 960085 Conversion of Nursery to Retail 1/18/96 11/07/96 960452 Conversion of Nursery to Retail 4/09/96 11/07/96 981181 Retail Space & Laundromat 9/09/98 3/13/01 990378 Laundromat Modifications 4/09/99 3/13/01 991096 Hardware Store 9/23/99 3/13/01 010251 Restaurant 2/27/01 3/13/01 010252 Storage 2/27/01 3/13/01 010253 Information Booth 2/27/01 3/13/01 010432 Restaurant Modifications 4/10/01 5/15/01 2 GENERAL INFORMATION 7. Land Ownership: Maurice Thomas is the fee simple owner of the property. 8. Tax Clearance: A tax clearance from the Real Property Tax Division indicates real property taxes have been paid until June 30, 2002. APPLICANT'S REQUEST 9. Request: Maurice Thomas is requesting to rezone an additional 1.416 acres of TMK: 1-9-4:14 from Single Family Residential (RS -20) to Village Commercial (CV -20). If approved, the request would double the commercially zoned area of the 5.44 acre parcel to 2.858 acres. The remainder of the lot will be left in its current zoning as Single Family Residential (RS -20). 10. Structures: Because of security and weather concerns, the additional commercial activities are tentatively planned to be within enclosed structures. The applicant proposes to construct two separate buildings on the expanded commercial acreage. One building will serve as an improved storage facility for building materials such as lumber and roofing. The second building will provide a retail space from which to conduct an equipment rental business. Each building will be 50 feet wide by 150 feet long and constructed to a height not exceeding 30 feet. They will be situated to the rear of and no higher than the existing structures. 11. Fours of Operation: According to the application, tentatively, the proposed operating hours of this proposed facility would be from 7:30 am to 5:00 pm, daily. There may be adjustments to the hours, such as an early closing on weekends. However, in order to mitigate neighborhood concerns, the applicant is willing to change the start of operation to 8:00 am instead of 7:30 am. 12. Employees: It is anticipated that 6-8 full and/or part-time positions would be generated. 13. Setbacks and Landscaping Buffers: A. According to the application, the buildings would have a setback of 40 feet from the southwest (Ka'u) property line and a 60 feet setback from the northeast (Hilo) property border. A 35 feet natural landscaped buffer from the building was proposed along the rear of the requested commercial zone and between the two proposed structures. To further minimize the visual impacts from the Road and surrounding properties, a band of the existing vegetation (consisting principally of ohia trees) would be retained along the Ka'u edge of the property, the rear of the requested zoned area, and between all existing and proposed structures. A good portion of the existing vegetation would also be retained, providing a natural visual buffer from the Road and adjoining properties. Additional landscaping requirements pursuant to Planning Department Landscaping Rule to further mitigate potential visual and noise impacts to adjoining properties would be complied with. B. In order to mitigate neighborhood concerns, the applicant states that there would be an 80 -foot wide natural buffer between the existing reservoir and the proposed structure; a 20 -foot natural buffer between the subject site and the adjoining property (TMK: 1-9-04:15) and the rear boundary of the requested zoning area; and a 10 -foot wide natural buffer along the northeast side of the subject site. 14. Parking: Thirty-two (32) parking stalls and two (2) loading zones are also proposed. These parking stalls will be in addition to the 29 parking stalls already established for the existing commercially zoned portion of the property under Final Plan Approval dated El January 5, 2001). (See Exhibit A -Letter from the Planning Department dated February 5, 2001) 15. Supportive Information: The applicant has submitted a Change of Zone application in support of the request. (See Exhibit B — Change of Zone Application and maps received on August 8, 2002). STATE AND COUNTY PLANS 16. State Land Use: Urban 17. General Plan Consistency: Economic, Land Use and Commercial elements goals, policies and courses of action. 18. GP LUPAG Map: The area of the parcel that is the subject of this rezoning request is in a mixed designation of Low and Medium Density Urban Development. Only a Medium Density Urban designation allows for village commercial uses provided that all other applicable goals, policies and standards of the General Plan can be met. The remainder of the property that is zoned RS -20 and which is not a part of this request, is entirely designated Low Density Urban Development. 19. Zoning: Single Family Residential - 20,000 sq. ft. (RS -20). 20. Permitted Use in Village Commercial (CV) Districts: Retail establishments are allowed in the CV districts. It is defined as an establishment which sells commodities or goods to the consumer and may include display rooms and incidental manufacturing of goods for retail sale on premises only. Typical retail establishments include convenience stores, grocery and specialty food stores, general department stores, drug and pharmaceutical stores, hardware stores, pet shops, appliance and apparel stores, tour, travel and ticket agencies and other similar retail activities. This terra does not include open storage yards for new or used building materials, yards for scrap, salvage 5 operations for storage or display of automobile parts, service stations, repair garages or veterinary clinics and hospitals. (emphasis supplied) 21. SMA: The subject parcel is not located in a Special Management Area. 22. Chapter 205A, ]FIRS, Coastal Zone Management Program: The intent of the Coastal Zone Management Program is to guide and regulate public and private uses in the coastal zone management area with respect to recreational resources, historic resources, scenic and open space resources, coastal ecosystems, economic uses, coastal hazards, managing development, public participation, and beach protection. The entire island lies within the Coastal Zone Management Area. The property is located more than seven miles from the nearest coastline. This proposed development would have no impact on coastal access. 23. Volcano Vision 2020: A. Priority: Planned development that maintains the rural atmosphere — cottage industries of all kinds. B. Economic Interests: Plan for the development of small-scale enterprises that are consistent with our goal of seeing economic growth while preserving the current rural atmosphere and can be supported by appropriate infrastructure. Well- planned enterprises such as small cottage/home business which would have minimum impact upon the appearance of the Volcano area, agricultural operations, bed and breakfast businesses and eco -tourism, should be encouraged. 2. Identify a preliminary commercial zone between Wright Road and the Post Office on both mauka and makai sides of Old Volcano Road, approximately five -hundred (500) feet deep on the mauka side and through to the state buffer on the makai side. I I . Consider the establishment of a commercial/light industrial area on the makai side of Highway 11 between Ohia Estates and Royal Hawaiian Estates as needed. 4. Consider the planning of commercial/pedestrian cores in any of the Volcano area subdivision as needed. C. Design Guidelines: Encourage the sharing of access roads and parking especially for contiguous commercial development. 2. Continue to lobby the County to defer enforcement of the requirements for curbs, gutters, and sidewalks. 3. Encourage the preservation of the native landscape and the replanting of unused or vacant cleared lands with native species. 4. Encourage commercial development on lands already cleared and appropriately zoned. D. Transportation: Plan, when appropriate, for the creation of future neighborhood commercial zones, allowing for the building of consensus in the neighborhoods involved. The Volcano Community developed this Vision Plan but the County Council has never formally adopted it. The community is also in the process on working on Design Guidelines for Commercial Buildings, but no community consensus has yet been reached on this effort. DESCRIPTION OF PROPERTY AND SURROUNDING AREAS 24. Subject Property: The portion of the subject property requesting rezoning is located in the Volcano Village with access from the Old Volcano Road. The entire property is rectangular shaped and extends from the Old Volcano Road to Kilauea Road, with a distance of approximately 1,300 i feet. On the northwestern portion of the property are two single-family dwellings, which have frontage on Kilauea Road. The existing commercially zoned portion of the property consists of 1.442 acres and fronts the Old Volcano Road. Development on the commercially zoned portion consists of two-story 7 commercial retail structures including a hardware store, restaurant, and laundromat, a parking area, and a 300,000 gallon reservoir. The portion of the property that is the subject of this rezoning request is the 1.416 acres to the northwest of the existing commercially zoned portion and is currently undeveloped. 25. Land Study Bureau's Detailed Land Classification System: The soil is classified as "D" or "Poor". 26. Soil Conservation Service Soil Survey Report: The land is of the Puhimau Series (rPHB) which consist: of shallow, well -drained silt loams that formed in volcanic ash and pumice over pahoehoe lava bedrock. The surface layer of silt loam and loamy fine sand is about 5 inches thick. The next layer is a sandy loam about 8 inches thick. Permeability is rapid, runoff is slo-vv, and the erosion hazard is moderate. 27. Agricultural Lands of Importance to the State of Hawaii (ALISH) System: The property is classified as Prime Agricultural Lands. 28. Slope: The property has a 2 to 6 percent slope. 29. Rainfall: The area receives approximately 125 inches of rainfall annually. (Monthly and Annual Rainfall Summary -1983, DLNR). 30. Flora and Fauna Resources: Although no official survey has been conducted, some endemic birds typically found within the Hawaii Volcano National Park, such as the Iapapane, i'iwi, and `oma'o, may also frequent the subject property. Other introduced bird species inhabit the area as well as rats and mongoose. Endemic plant species such as Iohi'a-lehua, `uluhe, and hapu'u are found on the subject property as well as introduced species such as guava, firetree and ornamental ginger. It is not anticipated that there are any rare or endangered species are present on the subject property. 31. Cultural/Historic and Archeological Resources: No archeological survey has been conducted on the subject property. It is recommended that guidelines be established for preservation should the removal of existing vegetation uncover caves or historic sites. According to the applicant, the subject property has not been used for the gathering of plants by native Hawaiians. 32. FIRIM: Zone "X" (Areas determined to be outside the 500 -year flood plain). 33. Lava Flow Lazard Zone: Lava Flow Hazard Zone 3. 34. Noise, Air Quality and Dust: There will be short-term noise, dust and air quality impacts during the construction phase of the proposed development. Contractors hired to complete construction will comply with established guidelines and standards relating to noise and emission controls. Once in operation, dust will be mitigated as the project site will be paved. Ambient noise levels and air pollutants may increase when the project is completed due to an increase in traffic visiting the site. There will be delivery trucks providing inventory for the proposed lumber yard. This increase in noise and air pollutants will need to be mitigated with appropriate buffers, landscaping, and established hours of operation. 35. Scenic and Visual Resources: The proposed project will have no adverse impacts on visual resources or scenic views. The proposed buildings will not be visible from the Old Volcano Highway. 36. Surrounding Zoning/Land Uses: Adjoining properties to the east and west are similar in size and are also zoned RS -20. Two single-family dwellings are situated on the property to the west (Ka'u side). A telephone substation is situated adjacent and on the Hilo side of the subject property on land zoned RS -20. Adjacent to the substation and to the east is E a single family dwelling on land zoned RS -20. The Kilauea General Store (formerly Hongo Store) and the Kilauea Lodge and Restaurant are situated on Commercial zoned (CV -10) lands east (Ililo side) of the subject property at a distance of approximately 170 feet and 610 feet, respectively. Across the Old Volcano Highway from the subject site, the property is zoned A -20a and a telecommunication tower is existing on that property. In addition, the Volcano General Store is situated at the corner of Haunam and Old Volcano Road approximately 730 feet West (Kau side) of the property. PUBLIC SERVICES/FACILITIES 37. Access: Access will be from the Old Volcano Highway through the portion of the property that is already commercially zoned. The driveway currently located along the east (Hilo) side of the developed portion of the subject property providing access to the parking lot will be extended to service the portion of the property that is the subject of this rezoning request. The Old Volcano Highway is paved to a 20 -foot width within a 50 foot right-of-way and is maintained by the County. The shoulder of the Old Volcano Highway abutting the subject parcel was improved as a condition in the rezoning of the front portion of the property to CV -20. 38. Water: Resolution 247-94 was adopted by the County Council on July 20, 1994, to establish criteria for processing zoning requests in Urban designated areas without the necessary infrastructure for water. (See Exhibit C — County of .Hawaii Resolution 247-94) Nater catchment and a 300,000 gallon reservoir currently serve the subject property. The proposed development will include additional water catchments. The water requirement for the proposed structures should be comparable to the existing buildings. Collectively, the average daily requirement should be 4 units or 2,400 gpd. 10 This translated to 72,000 gallons per month. The consumption will be less than 25% of the existing 300,000 -gallon reservoir for fire protective measures located between the existing and proposed structures. The applicant will always reserve 50,000+ gallons for fire -fighting proposes. If rainfall is sparse, the applicant will haul water to its reservoir to assure a continuous capacity of more than 50,000 gallons. Potable water will be satisfied through bottled water. 39. Wastewater: A septic tank system will be installed as part of the proposed development. 40. Other Essential Utilities and Services: The nearest 24-hour fire station is in Kea' au although the Volcano volunteer fire station is within one mile of the subject property. The nearest manned police station is in Kea'au which is 20 minutes away from Volcano Village. The nearest hospital is in Hilo at a distance of 30 miles. AGENCIES'COMMENTS MENTS 41. Department of Public Works (July 10, 2002 Letter): " We have reviewed the subject request forwarded by your memo dated June 14, 2002 and have the following comments: 1. All development -generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 2. A drainage study .hall be prepared and the recommended drainage system shall be constructed meeting with the approval of the DPW. 3. Any earthwork activity (grading) shall conform to Chapter 10, Erosion & Sedimentation Control, of the Hawaii County Code. 4. Based on the proposed zoning, the applicant should provide improvements to the entire frontage along Old Volcano road consisting of concrete curb, gutter and sidewalk along with any required relocation of utilities, meeting with the approval of the Department of Public Works. 5. Street lights and other traffic control devices shall be installed as required by the Traffic Division, Department of Public Works. The applicant shall be responsible for 11 the design, purchase. and installation of such devices. The Traffic Division may be contacted at 961-8341. 42. Department of Nater Supply (July 9, 2002 Memo): "We have reviewed the subject request. We have no requirements since the subject parcel is not within the service limits of the Olaa/Mt. View water system; the nearest point is over 9.9 miles away." 43. Department of Environmental Management (Janne 25, 2002 Memo): "All commercial development shall be prohibited from using any transfer station for disposing of refuse. All refuse generated from commercial development, as a result of approval of this change of zone application shall be hauled and deposited in the Hilo landfill. Hilo landfill has a finite life. This division urges maximum diversion of reusable commodities from commercial refuse to minimize that which is deposited into the Hilo landfill." 44. Police Department (June 20, 2002 Memo): "Staff has reviewed the above -referenced application and has no comments or objections to offer at this time." 45. Real Property Tax Office (June 19, 2002 Memo): "There are no rollback tax consequences. Real property taxes are paid through June 30, 2002." 46. Department of Health (June 28, 2002 Memo): `'There are no additional concerns to those made previously." 47. Fire Department (Exhibit D - July 10, 2002 Memo) 48. Department of Land and Natural Resources - Comments from Division of Forestry and Wildlife, Historic. Preservation Division, Commission on Nater Resource Management, Land Division—Engineering Branch, Hawaii District Land Office (Exhibit E — august 1, 2002 Memo) 49. Agent's response to agency comments (Exhibit F •-- Sidney Fuke letter dated July 30, 2002. 12 AGENCIES — NO RESPONSE 50, Department of Transportation. COMMUNITY COMMENTS 51. The Department has received a substantial number of comments from the public both in support and in opposition to the subject request which are provided as the following exhibits: Exhibit G — Letters from Volcano Business Association Exhibit H — Letters from Volcano Community Association Exhibit I — Letters ivith Comments and Concerns Exhibit J --- Letters in Support Exhibit K — Letters in Opposition 52. Agent's response to public comments (Exhibit L — Sidney Fuke letter dated August 2, 2002. 13 Harry Kim Mayor February 5, 2001 Mr. Maurice Thomas P. O. BOX 28 Volcano, HI 96785 Dear Mr. Thomas: County of Hawaii PLANNING DEPARTMENT 25 Aupuni street, Boom 109 • Hilo, Hawaii 96720-4252 (808) 961-8288 • Fax (808) 961-8742 Final flan Approval: PLAN APPROVAL APPLICATION Building Improvements "'AS BUILTf9: 1) Thai Restaurant; 2) Information Booth; 3) Storage Building (Container); Additional Paved Parking Spaces/Revised Landscaping Plans Applicant: MALTRICE THOMAS Owner: MA.URICE THOMAS TlV: 1-2-04:014 Christopher J. Yuen Director Roy R. Takernoto DeputyDirector The APPLICATION FOR PLAN APPROVAL, revised site and landscaping plans, and other related submittals received on December 5, 2000, were considered and reviewed under Plan Approval of the Zoning Code. Enclosed is your copy of Final Plan Approval (FPA) dated January 5, 2001, which incorporates the following FPA conditions: 1. REZ. NO. 806: The applicant, its successor, or assigns shall be responsible for complying with all of the stated conditions of REZ. NO. 806 and Final Plan Approval dated January 5, 2001. 2. The applicant, its successors or assigns shall indemnify and hold the County of Hawaii harmless from and against any loss, liability, claim or demand for property damage, personal. injury or death arising out of any act or omission of the applicant, its successors or assigns, officers, employees, contractors and agents under REZ. NO. 806 or related to or connected with the granting of Final Plan Approval dated January 5, 2001. For the record the proposed interior EXHIBIT FFn n A gnnt Mr. Maurice Thomas Page 2 February 5, 2001 building improvements, information booth, and storage building and some exterior business signage, have been constructed and established on the subject TMK . (Reference is made to a previous certified letter, dated March 6, 2000, in the Plan Approval file). Detailed building plans and building permit applications for the subject building improvements and other proposed site improvements were submitted with the Application for Plan Approval. 3. Building Setlsack(s): The existing building location and proposed additional building location(s) are deemed acceptable. The security lighting, any proposed mechanical equipment, i.e., compressors, and other machinery; including electrical/mechanical equipment and refuse containers, associated with the existing building or proposed building/sign improvements shall be located and placed within the property to minimize any visual, noxious noise, and odor impact(s) to the surrounding buildings and adjacent parcels. 4. Access: The existing access from the existing right-of-way is identified on the site or revised landscaping plan submittal. The use of existing access to the property or new driveway improvements on the property shall take into consideration the existing roadway access from Old Volcano Highway and drainage improvements. The maintenance of existing access improvements and any further modification of the rights-of-way shall be subject to DPW - Engineering Division review and approval. 6. Off -Street P?xking: The applicant shall install and provide the minimum required off-street and accessible parking spaces identified on the revised parking plan or/and landsca i_ng plans received prior to issuance of the Certificate of Occupancy. The required 2 -handicapped parking spaces or ADA accessible parking stalls, access aisle(s) and accessible route(s) to an accessible building entrance shall comply with the Americans with Disabilities Act (ADA) guideline(s). The required number of accessible parking spaces shall be designated as shown and reserved by signs showing the symbol of accessibility. The required size and height of the permitted signs shall be fabricated of materials which follow minimum design guidelines., material dimensions, and graphic standards. 7. Existing Perimeter Fence: The existing fencing improvements located on the property shall be maintained as shown. Mr. Maurice Thomas Page 3 February 5, 2001 8. Landscaping -Revised Landscaping Plan: The revised landscaping plan submitted on December 5, 2000, was subsequently reviewed and approved by the Volcano Community Association (VCA) and coordinated with the adjacent property owner (TMK: (3) 1-9-004:015). The applicant, its successors, or assigns shall maintain the existing landscaping improvements and install the required additional planting materials in accordance with the approved revised landscaping plan prior to May 1, 2001, or prior to any request of the Certificate of Occupancy. The applicant, its successors, or assigns shall establish and maintain the approved planting materials in a healthy and attractive state. 9. Flood Zoning: Any additional on-site and off-site drainage improvements shall comply with the Department of Public Works, Engineering Division and/or State DOT -Highways Division specifications and requirements. 10. Signage: The: location and size of permitted business signs, signs to identify accessible parking spaces, and signs related to traffic direction and safety shall comply with County Sign Ordinance. The proposed uses shall comply with REZ. NO. 608 conditions, and the laws, rules, regulations and requirements of other affected government and regulatory agencies. 11. The building permits to construct the subject building addition and other related site and business sign improvements received with the December 5, 2000, Plan Approval Application shall be reviewed and approved by the listed agencies on the respective permit applications and secured from the DPW -Building Division. 12. Future buildings and additional site improvements on the TMK are subject to further review under Plan Approval of the Zoning Code In view of the above, the detailed building construction plans sets, respective building permit applications, and sign permit- application(s) submitted with the Plan Approval Application shall be approved subject to FPA dated January 5, 2001, and transmitted to you under separate cover. The APPLICATION FOR PLAN APPROVAL, extracts from the detailed building plans, revised landscaping plan, and other related submittals received on December 5, 2000, were incorporated into our PA files for future reference Mr. Maurice Thomas Page 4 February 5, 2001 Any questions may be directed to the Hilo office at 961-8288. Sincerely, CHRISTOPHER J.: FN Planning Director f „ WRY:pak F: \WP60\ V,IRY \FORMLETT\PALTRTMK 19004014 . THOMA S Enclosure xc: REZ. NO. 806 (Ltr./FPA) Ms. Kathleen Porter (Ltr./FPA) Volcano Community Association (Ltr./FPA) COUNTY PLANNING DEPARTMENT F I N A L PLAN APPROVAL Applicant: MAURICE R. THOMAS Date: January 5, 2001 Tax Map Key: 1-9-004:014 Location: Puna Proposed Use: Building and Revised Landscaping Improvements Zone: CV -10 Parcel Area: 1.442 acres As Shown on Plan Comments Front Yard Per plans and OK *Note: Revised Landscaping Front Yard Revised Land- plans coordinated with the Side Yard scaping Plans adjacent owner(s): TMK: (3 Side Yard rec'd. 12/05/2000. 1-9-004:015, Lot 3-B. Ht. of Structure Per plan. OK Existing -"'AS BUILT". Access to parking Per existing OK Subject to further DPW access/driveway. I requirements. Off -Street Parking Existing + OK Reguired off-street stalls additional per summary ** below. stalls(29) MINIMUM 29 STALLS REQUIRED. on revised REFER TO FPA CONDITIONS. site plan/ TMK. 2 HC/ADA Existing HC stalls per plan. Loading and Unloading space N/A OK Per 12/21/95 FPA. Density Fencing: Material Per plans. OK Height Location Per plans. Landscaping Per revised OK REFER TO REVISED PLANS. Landscaping Plans submitted REFER TO FPA CONDITIONS. Others FIRM Subject to DPW requirements. REZ. NO. 806 OK Refer to Ord. No. 95124. Exterior Building Signs. Subject to DPW requirements. Conditions: REFER TO THE LISTED FINAL PLAN APPROVAL (FPA) CONDITIONS IN THE TRANSMITTAL LETTER. **OFF-STREET PARKING SPACE REQUIRMENTS FOR EXISTING USES: 1 Floor: 4120 s.f. 2° Floor: 1920 s.f. Restaurant: 900 s.f. Certified Kitchen: 312 s.f. Information Booth: 144 s.f. 7436 S.F./300S.F./Stall=24.78Stalls Volcano Laundary-16 machines/4 machines/Stall=4.00Stalls Plant Nursery -Say: 1125 s.f. SUBTOTAL 28.78STALLS Storage Container: 320 s.f. 1445 S.F. APPLY 25-4 -51 (c) (1)for storage s.f. THEREFORE: 28.78 OR pMINIMUM 29 STALLS REQUIRED FOR USES ESTABLISHED ON THE PROPERTY AS OF 01/05/2001. Planning Directo'V Date FEB 0 6"Zbi F:\WP60\WRY\FORMLETT\PATMK19004014.THOMAS 09/85 (7321A/9A) APPLICATION COUNTY REZONING (RS -20 to CV -20) MAURICE THOMAS PORTION OF SUMMER DOTS AND MAUNA HUIHUI 1XII VOLCANO, PUNA, IIA.WAI- I TAX MAP IES': () 1-9-004: 014 (Portion) Prepared For: Maurie 'Thomas Prepared By: Sidney M. Fuke, Planning Consultant May 2002 i APPLICANT: CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANN7ING DEPARTMENT (Type or legibly print the requested information) Maurice Thomas APPLICANT'S SIGNATURE: ADDRESS: P.O. Box Volcano. HI 96785 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 967-7969 (Res. LANDOWNER(S): Maurice Th2fgs LANDOWNER SIGNATURE(S): ATE: -Z-"7-0- O'Z 967-7591 (Fax) 985-7008 DATE: 2- - -1,0 + '9Z. LANDOWNERS) ADDRqW-. S&e 0 applicant REQUEST: RS -20 TO CV -20 (Existing zoning) (Proposed Zoning) TAX MAP KEY: 1-9-006: 008 (portion) STREET ADDRESS OF PROPERTY: SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 1.416 acres AGENT: Sidney Fuke annRF.q.c• 100 Pauahi Street, Suite 212 Hilo, HI 96720 TELEPHONE: (Bus.) 969-1522 (Res.) 961-6909 (Fax) 969-7996 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney Fuke COPIES: Maurice Thomas (See Instructions on Reverse Side) ATTACHMENT Commercial, RM, Resort, & Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? No If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? b. Into what lot sizes? C. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you nave no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? No b. Sell or lease the land to someone who has tentative plans? No C. Sell or lease the land to someone who has no plans? No d. Keep it? Yes e. Other (please state) f. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. What specific building plans do you have for the subject land? Include in your answer the following: type of building (apartment, office, launderette, etc.); financing arrangement; timetable for construction; and any other information which you feel might help us in evaluating your request. I plan to construct 2 structures for a equipment rental facility and the storage (associated with a hardware store) of hardware and agricultural supplies. I intend to begin construction immediately upon securing all required permits and hope to occupy the buildings in summer of 2003. 4. Have you performed any study which would demonstrate a need for your proposed building and/or development? No If so, please elaborate on your findings in the space provided below. No specific market study was done. However, I have had manyiingntiies relating tothe proposed use and have the required financing for this project EPA! 5. Have you performed any study which discusses the environmental impacts your request would nave on the surrounding area and/or the County? Yes If so, please elaborate on your findings in the space provided below. Please refer to Planning and Environmental Report 6. Are there any buildings on the subject area? Ye s If so, what kind? There is a True -value Hardware store on the adjoining and front portion of this site. What do you intend to do with those buildings if your request is approved? I intend to continue operating the store. 7. Is the subject land currently being used for any agricultural activitity? No If so, please list the kinds of products grown and on how many square feet or acres of land per product. -3- 8. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 9. Do you think that the roads leading to the subject area needs improvement? If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 10. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? -4- Yes No a. Schools R b. Roads X c. Sewer X d. Drainage x e. Police Protection X f. Fire Protection X g. Recreational Facilities X h. Public Utilities x i. Other X -4- For those checked 11yes," please elaborate what type or kinds of improvements and/or assistance are needed. 11. Have you performed any historic sites study and/or survey of the subject area? If so, what were the results? please, also, submit a copy of the study together with this change of zone supplement. No commissioned study was done. However, the State DLNR previously commented that given the growth of vegetation in this area, mitigation may be appropriate during the clearing and construction phases. Signature:- ---- Addres . P.O. Bo 28 Volcano, HI 96785 Telephone: 967-7969 Date: May 14, 2002 -5- 6338A/50A COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST - RS -20 to CV -20 AURICE THOMAS TAX MAP KEY: (3) 1-9-04:14 (Portion) PORTION OF SUMMER LOTS AND MAUNA HUIHUI LOTS VOLCANO, PUNA, HAWAII I. INTRODUCTION The applicant, Maurice Thomas, is requesting the rezoning of a 1.416 acre portion of a 5.44 acre parcel from Single -Family Residential (RS -20) to Village Commercial (CV -20). If successful, the applicant would like to expand his hardware and garden supply complex, located within Volcano Village, by constructing a pair of 2 -story, 50 x 150 square foot structures and related improvements. These structures would store lumber and related household products, as well as serve as an equipment rental area. In 1988, the applicant requested a rezoning of 2.5 acres of the subject site to develop the hardware and garden supply complex, a lodge, and an automobile repair facility. The request was ultimately "filed" by the County Council, resulting in its "de facto" denial. At that time, the absence of a County -approved water system weighed heavily on the minds of the County Council, Planning Department, and Planning Commission. In 1995, the applicant filed a new application, reducing the area by one- half (1.442 acres) and eliminating the lodge and automobile repair facility. An alternative mater system with a huge catchment system was also proposed. Although recommended for denial by the Planning Director, the request was subsequently recommended for approval by the Planning Commission and approved by the Council. A copy of this rezoning ordinance (Ord. No. 95-1241 is found in Exhibit A. If approved, the current request of 1.416 acres would double the commercially zoned area to 2.858 acres. The remaining area (2.582 acres) which represents nearly one-half of the existing parcel would be left in its current undeveloped state. II. PROJECT LOCATION As noted earlier, the subject property consists of 5.44 acres and is identified by TMK: 1-9-04: 014. The site is located in the Volcano Village area and is a portion of Summer Lots and Mauna Huihui Lots, Puna, Hawaii. More specifically, the subject property is located approximately midway of the 27 and 28 mile markers of Old Volcano Road, between Wright and Haesnani Roads on the northwest or rnauka side of the Old Volcano Road. The site is approximately 750 feet east or Hilo -side of the Volcano Store. (Figures 1 and 2) The rectangularly shaped parcel extends northwest from the Old Volcano road to Kilauea Road, with a width of 154- feet and a length of 1,500+ feet. The applicant's garden supply complex is situated on a 1.442 -acre portion fronting the Old Volcano Road. There is a bed and breakfast operation on the northwest or Ka'u side of the property. The GTE Hawaiian Telephone switch station and a vacant parcel are located on the Hilo side. A GTE utility tower is situated directly across of the subject parcel. A, Project Concept and Components As noted earlier, the applicant has a hardware and garden supply complex on the front portion of the site. There is also a 300,000 - gallon water reservoir that is used for emergency fire protection between the requested area and the garden supply complex. The applicant would lake to provide an improved storage facility for building material, such as lumber, roofs and the like. Additionally, he would like to have an area where building and other equipment or tools can be rented, Because of security and weather concerns, all of these activities are tentatively planned to be within the enclosed structure. The applicant initially considered constructing one structure that would be approximately 50 feet wide and 300 feet long. (See Figure 3). Upon discussions with some of the area residents, the applicant has modified his plans to construct 2 structures to break down the visual dominance of the proposed building. Each of these structures is proposed to be 50 feet wide and 150 feet long, with a proposed height not exceeding 30 feet. (Please note that although the preliminary plan reflects a 32 foot tall structres, if approved, the structures would capped at 30 feet). The proposed setback would be at least 40 feet from the southwest or Ka'u property line and 60+ feet from the northeast or Milo end of the property. A 35 -foot natural landscaped buffer is proposed along the rear of the requested zone and between the 5 "1 W � ¢�{( CC °tom_ ��; �� �i` .,,�; •E ilii �:,`(,� f LJ W Ic IMP A '� G '�� � • iii � � _ o JGgA•0o�< lv�l�tTO,����I n H ✓ N n ✓ H b v �L SO � _ : no •o mak, ! � A CI 'S%' p 2 '•� t j p o 11 xb 0 , Cl) O 1 r i - rop L k t Y_ NI r-5 •...� G- Lj p t 2 j jjf� rC P. W ,ew � 0 [ w e .. ®•.R ! yrs ) o, .! Iv.. 4 I 1 q F v' _ O . --�-J °��"CSiY Cg $n 11. ^ .`,J c F�.�Y,.•' �.,8! ,gip Gl.. S�9S .�, , '4 i J l r=- .[}""'H. V•, lQ'e,v ..' ��tNc 2i ti.2 i .. to �' , � A � t �• u � �-^c"•^ • ; \� � o Q OYO INO ]fIN Y OY ,n* k"OEtr—NIIk ri 'v'rRti !•. t 'n'� O UA R• Q V Figure 1 Oka �i 1 I I ' ! ICI 6�K^ I Pr9s �OFO J r- a� lel Subject Area LS -20 to CV -20) (1.4:6 acres) I 1 1 CV -40 3.149.iB N t i j aHo A-+. I �� 42.632.8 E - - K 1U4Nr . _ it N� i BOAC OLD VO ANC I SINGLE FAMILY I RESIDENTIAL (RS -20) m �zol TO VILLAGE Al2C.i COMMERCIAL (CV -10) l ➢ � AREA: 1.642 ACRES RQA� S esm r v0 ` -CANS A o 0 r� I AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-104 (VOLCANO MT. VIEW ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS -20) TO VILLAGE COMMERCIAL (CV -10) AT OLAA, PUNA, HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY OF HAWAII TMK : 1-9-04 :?ti;PTION 0= '4 AUGUST 24, t 995 EXHIBIT "A" I (MAURICE THOMAS) Figure 2 Figure 3 two proposed structures. Thirty-two parking (32) stalls and 2 loading areas are also proposed to accommodate the needs of the project. (See Figure 4). The co'or of the structure would be earth tone to blend with the natural environs and minimize visual impacts from the Old Volcano Road. To further minimize the visual impacts from the Road and surrounding properties, a band of the existing vegetation (consisting principally of ohia trees) would be retained along the Ka'u edge of the property, the rear of the requested zoned area, and beveen all existing and proposed structures. (See Figure 4) The applicant is also willing to provide additional landscaping pursuar t to Planning Department Landscaping Rule to further mitigate potential visual and noise impacts to adjoining properties. Access would be from the Old Volcano Highway, using the existing driveway to the garden supply complex. Tentatively, the proposed operating hours of this proposed facility would be from 7:30 a.m. to 5:00 p.m., daily. There may be adjustments to the hours, such as an early closing on weekends. It is anticipated that 6-6 full and/or part-time positions would be generated. The proposed facility is intended to serve primarily residents of the Volcano area who otherwise would have to travel to Keaau (20+ miles) or Hilo (36± miles). The project is not intended to serve a region !larger than the Volcano area. �. Project Timetable and Cost The applicant intends to secure the balance of the required permits and begin construction immediately upon approval of the change of zone request. Hopefully, occupancy can occur by mid -2003. The applicant estimates the cost of the proposed improvements to be between $500,000 to $600,000. This cost would include the new structure, parking area, and any other additional landscaping. C. Community Input Over the past few months, the applicant has met with a number of area residents. Additionally, the applicant met with the Board of Directors of the Volcano Community Association. The Board, at its cam -3ULl 17 �co MoIsna LL Figure 4 meeting of April 4, 2002, favorably recommended its approval to the County. (See Exhibit i3) IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject property is designated Urban. As such, no boundary amendment is required. B. County General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the site Medium Density. As such, a Genera! Plan amendment to the LUPAG map would not be required. Relative to the Medium Density designation, the General Plan allows consideration for "Village and neighborhood commercial and residential and related functions (3 -story commercial; residential - up to 35 units per acre." The requested zoning and planned uses would be consistent with the uses envisioned within the Medium area. C. Cour$Zoning The County zoning of the requested area is Single-family Residential (RS -20). If the Village Commercial (CV -20) request were approved, all related land use and development codes such as Plan Approval, parking, landscaping, fire, ADA, and the like would be complied with by the applicant. It should be noted that within the Volcano area, less than 12 acres are zoned for commercial uses. D. Other Permitting Considerations The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as noted earlier, other construction -related permits would still be required. These would be of the "ministerial" variety, such as Plan Approval, building permit, and health clearances. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The 5.44 -acre parcel is generally rectangular in shape. It has a depth of 1,530+ feet and a width of 154 feet. There are improvements on the front 1.442 -acre consisting of applicant's hardware and garden supply complex, a reservoir, and related improvements. The requested area (1.416 acres) and the remaining area of the subject parcel (2.582 acres) are undeveloped and vacant of any structures. B. Climate, Soil and Topography According to the Department of Land and Natural Resources' Monthly and Annual Rainfall Summary — 1983, the annual median rainfall in this area is approximately 125 inches. The wetter months tend to occur between October through April. The average daily temperature ranges from a minimum of 60 degrees to a maximum of 75 degrees Fahrenheit. Wind patterns in the area are often light and variable, dominated by tradewinds (easterly) during the day and westerly or mountain winds during the evenings. The property's elevation is approximately at 3,500 feet. The site is fairly level with no significant on-site undulations. According to the US Department of Agriculture Soil Conservation Service's Soil Survey map, soils on the subject property is of the Puhimau Series (rPHE) which consists of shallow, well -drained silt loams that formed in volcanic ash and pumice over pahoehoe lava bedrock. The surface layer consists of silt loam and loamy fine sand about 5 inches thick. The following layer is approximately 8 inches thick with sandy loam. Permeability is rapid, runoff is slow, and the erosion hazard moderate. The Land Study Bureau Overall Master Productivity Bating rates this site "D" or Poor. Under the Agricultural Lands of Importance to the State of Hawaii (ALISI-I) classification system, it appears that the site is classified as "Other Important Agricultural Land.,, C. Natural Hazards 1. Drainage The US Corps of Engineers' flood Insurance Rate Map (FIRM) designates the area of the proposed development to be in Zone X (areas outside of 500 -year flood). There are no drainageways through the site. Accordingly, the site has not and should not be subject to flooding. As there may be an added level of impervious surface resulting from the proposed parking area, there may be an issue relating to potential increased run-off. In that event, dnywell(s) or similar type of accommodations will be implemented, subject to the review and approval of the Department of Public Works and State Department of Health via the Underground Injection Control (UIC) permit process. The depth of these drywells - if needed - will be shallow enough to avoid potentially high groundwater table. 2. Tsunami Hazard Given its elevation (3,500+) and distance from the nearest shoreline (7+ miles), it is located outside of the Civil Defense's Tsunami Evacuation Zone. Thus, there should be little or no threat from high waves. 3. Volcanic and Earthguake Hazards The United States Geological Survey (USGS) classifies the subject site as Lava Flow Hazard Zone 3, on a scale of ascending risk, 9 to 1. There is very little that can be done to protect structures and improvements on the site. Relative to protection of life, however, this would be achieved through the evacuation routes and warning systems provided by the County Civil Defense agency. Such notices will be prominently placed within office building. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, the applicant understands and accepts that the all structures will have to meet with the more restrictive seismic hazard structural requirements of the Building Code. D. Fauna Resources Although there was no professional survey conducted of the faunal resources of the site, the applicant does not believe that rare or endangered faunal resources are likely to be found within or proximate to the subject site. This is due to the semi -developed state of the subject property and its surrounding area. Nonetheless, given the area's elevation and groundcover within the region, some endemic birds typically found within the Volcano National Park may also frequent this area. These may include the apapane (l limatione sanguinea), 'Fiwi (Vestiaria coccinea), elepaio (Chasiempis sandwichensis sandwichensis), and 'oma'o (Phaeornis obscurus obscurus). However, the 'Fiwi is less likely to be found in this area due to the semi -developed stage of the surrounding area. bone of these species are on the Federal proposed, threatened, or endangered list. Further, due to the semi -developed state of this area, the faunal resources are also somewhat typical of other developed areas. These include bird species such as the Spotted Dove, Japanese White -eye, House Finch, Common Myna, and the like. Domestic animals such as cats .and dogs, and other animals like rats and mongoose: are also common. None of these are endangered animals. As such, it is unlikely that the development of this property would cause any adverse faunal impacts. E. Flora Resources No commissioned flora survey was conducted of the site. A visual inspection confirmed that the requested area is still covered with a number of endemic species such as the 'ohi'a-iehua (Metrosideros polymorphs) tree, 'uiuhe (Sticherus owyhensis) staghorn fern, and the large Hawaiian tree fern, hapu u (cibotium glaucum). There are other introduced species such as the strawberry guava (psidium cattleianurn), firetree (myrica faya) and ginger. It does not appear that there are any significant or rare or endangered floral resources in the area of the proposed improvements. F. historic/Cultural/Archaeological Resources No archaeological survey was conducted of any portion of the subject property. In its review of the first rezoning application (which covered the subject area), the State DlQNR-HPD noted that parcels lice this which are heavily vegetated cannot be surveyed with typical survey techniques, as a site would be typically buried. As such, the State concluded that a survey was not recommended at that stage and instead suggested conditions of approval. Specifically, it recommended that a) the Department be notified if a) any caves are identified; and b) once the vegetation is removed and prior to construction, the FPD be notified and be allowed the opportunity to field check for potential small, subsurface historic sites. Ar`d if so, appropriate mitigation plan can be prepared and implemented by the applicant. it should be noted that in the clearing and development of the first 1.442 -acre area, no sites were uncovered. Notwithstanding that situation, the applicant is willing to comply with the DLNL-HPD's recommendation to date on this site. Further, during the course of developing this project, should any anticipated archaeological features or sites be uncovered, work in the affected area will immediately cease and the applicant will notify the Planning Department. G. Valued Cultural resources The recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina" decisions require decision -makers to consider a project's impact to native Hawaiian gathering and fishing rights. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated traditional and customary practices of this site and the impact of this project to these resources and practices. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, fishing and coastal access is not an issue. Since owning the property for over 10 years now, the applicant has not observed any native Hawaiians gathering plants on the subject site. As such, it would appear very unlikely that the site would serve such purpose today and/or in the recent past. Nonetheless, if legitimate claims are made, the applicant will make the appropriate access accommodations. Based on the above, it does not appear that the project would have any potential adverse impacts relating to native Hawaiian cultural and historical resources and/or practices. H. 'mater and Coastal Resources The subject site is located over 7 miles from the coastline. As such, coastal impacts resulting from discharge of drainage systems from the site should not be significant. Being a non -coastal property, no coastal access will be affected. The project will also utilize a septic system instead of cesspools. Thus, this further reduces potential adverse groundwater or nearshore water impacts resulting from this project. Further as noted earlier, prior to the installation or use of any drywells on the site to address on-site drainage concerns, the appropriate UIC permit from the State will be taken. At that time, impacts to water and coastal resources will be carefully examined. I. Noise, Air Quality, and Dust The existing background ambient noise level is associated with the wind, foliage, birds, and the like. This is relatively low, averaging less than 45 Ldn. Manmade noise in this area, however, is heavily influenced by the traffic along the ®Id ",volcano Highway. This project will introduce additionai vehicular traffic to this area, and there may be some noise impacts resulting more so from the delivery trucks. To mitigate this potential impacts, the applicant intends to coordinate deliveries to avoid peak time traffic (i.e., early morning and late afternoon hours) and on weekends. Aside from the normal delivery noise, any traffic increase should result in a noise increase of less than 55 Ldn, which is within acceptable levels for residential activity within an urban environment. There will also be short-term noise impacts during the construction phase. To mitigate this impact, construction, including the proposed parking area, will be limited to daylight hours and on weekdays. Contractors will also be required to comply with established State Department of Health guidelines and standards relating to noise and emission controls. 9 The proposed development should not generate any direct air unlit impacts. As the project itself is not expected to have uses that generate adverse air pollutants, the only discernible air quality impact would be associated with vehicular traffic to and from the site. While the added traffic will have an impact to the ambient air quality, the impact should not be significant. This is due in part to the higher EFTA standards for automobile air emissions and the prevailing tradewinds. All of the required parking area within the project site will be paved with an all-weather, dust free surface. Landscaping will also be required as part of the Plan Approval requirement. As such, with the exception of minimal construction dust in the beginning, long term dust generated by the project should be insignificant. J. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as scenic resources. The subject site is not listed as a scenic site. However, Mauna Kea and Mauna Loa are listed as scenic resources. The proposed project should not have any adverse visual impacts of views to these mountains. The are no views of the mountains now and will not be viewed even with the cleared vegetation of the project site. As noted earlier, out of deference to visual concerns, the applicant elected to break up the proposed 300 foot long building. The project now calls for 2 structures, each about 150 feet in length. Notwithstanding this length, the structures will be significantly camouflaged from the ®Id Volcano Road. They will be situated to the rear of and no higher than the existing structures. A good portion of the existing vegetation will also be retained, providing a natural visual buffer from the road and adjoining properties. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land lyses The surrounding land uses in this area are a mixture of low density residential and commercial uses. There are residences on the Ka' u side of the property. There are commercial uses approximately 750 feet west (Kau side) of the subject property. The Volcano Community Activity Center and its Association are located within the vicinity, about 1,000 feet away. m There are also utility stations directly across of and also west of the subject site. As such, the requested use would be generally consistent with the evolving mixture of commercial and residential land use pattern in this area. Nonetheless, because of the adjoining residential properties, some mitigative measures will be taken. These measures deal with landscaping, lighting, and hours of operation (day only). B. Economic Impacts The requested zoning would have some measure of economic impact, as it would provide short-term employment opportunities for those in the construction and related industries. With the completion of the commercial project, there will be long- term employment opportunities in the office area. It is anticipated that there would be between 6-8 full and/or part-time workers. A commercial rezoning would also increase the tax revenues to the County. However, there could be some real property tax consequences for the adjoining residentially zoned properties. As the assessed valuation of the subject property rises due to the higher commercial use, there could be some fallout to neighboring properties. However, landowners intent on keeping their property for residential uses would have the option of dedicating their land for residential uses. C. Agdcuftural Impacts The subject site and surrounding area have not been used actively for agriculture in the recent past. They have been used principally for residential uses and/or left undeveloped. Further, the soil classification system of the Land Study Bureau designates the site as Class C or "Poor". While it does have agricultural potential, it is not unique from an agricultural resource perspective. Thus, its removal from potential agricultural use should not compromise the agricultural objectives of the County. it VII. INFRASTRUCTURAL CONSIDERATIONS A. toad and Traffic The ®Id Volcano Road fronts the subject parol. Access will be via this Road, through the applicant's existing hardware and garden supply complex. The Road has a right-of-way of 50 feet with a 20 - foot wide pavement. Kilauea Road, which fronts the opposite end of the property, will not be used to access the commercial complex. It should be noted that in its approval of the initial 1.44 -acre area, the Council required as a condition that the existing shoulder fronting the property be improved. This was done. Although the project will generate additional traffic, the existing road condition should be sufficient accommodate the additional movements. �. Water As noted earlier, the absence of a County -approved water system in this area proved problematic with the initial application. The water situation has not changed. However, in its rezoning approval of the 1.442 -acre area, the Council de facto modified its water policy relative to zone change actions. Specifically, it required, in part the following: "C. Restrictive covenants in the deed for the subject property shall require that the subject property: (1) Provide a water catchment system and storage capacity, meeting with the requirements of the Planning Department, the Fire Department, the Department of Water Supply, and the State Department of Health based on a formula using median annual rainfall and daily usage of gallons per day per unit as determined by the Planning Department in consultation with the appropriate agencies; (2) Provide fire department hose hook-up in an accessible location for fire equipment for unrestricted use of the water storage in case of fire emergency; (3) Provide disclosure and waiver provisions relating to the lack of a private or municipal water system 12 meeting with the requirements of the Department of Water Supply, and which shall also include that the County of Hawaii shall not be responsible to provide water, at any time, to the development of the subject property, regardless of the situation. " The applicant has since constructed a 300,000 -gallon reservoir for fire protective purposes. This is located between the existing structures and the proposed structures. Potable water will be satisfied through bottled water. The water requirement for the proposed structures should be comparable to the existing building. Collectively, the average daily requirement should be 4 units or 2,400 gpd. This translates to 72,000 gallons per month. The consumption will be less than 25% of the 300,000 -gallon reservoir on site today. Notwithstanding the domestic/commercial water demands for this and the existing project, the applicant will always reserve 50,000+ gallons for fire -fighting purposes. if rainfall is sparse, the applicant will haul water to its reservoir to assure a continuous capacity of more than 50,000 gallons. The County Council approved Resolution No. 247-94, draft 4 which is found in Exhibit C. This resolution governs water requirements for developments where there is no municipal water system. Pursuant to said resolution, two rezoning (including the applicant's initial application) requests in this area were approved. The proposed request is generally consistent with the guidelines outlined in this resolution. Specifically: (1) The area does not have any public or private water system consistent with the County Department of Water Supply's requirements; (2) The General Plan of the subject area is "Medium Density Urban"; (3) The State Land Use designation of the subject site is "Urban"; (4) The request is part of an urbanizing area, and the requested uses would help fulfill the commercial needs of the area. Thus, while the requested zone is not identical with surrounding properties, it is a supportive land use. [a] (5) The amount of rainfall (approximately 125 inches annually) is adequate to service the potable and fire -protective needs of the proposed development. (6) The 300,000 -gallon water reservoir on site is more than adequate to meet general water criteria. The projected monthly potable water demand (and this assumes no use of bottled water, which the applicant intends to have) for the existing and projected uses: is 72,000 gallons. This translates to less than 25% of the 300,000 -gallon reservoir. Further, a minimum of 50,000 gallons will always be reserved for fire -fighting purposes. As such, the requested zoning would not be inherently inconsistent with those criteria. C. Wastewater The applicant intends to construct a septic system for the proposed facility in a manner meeting with the requirements of the State Department of Health. A Solid Waste Solid waste will be handled by commercial haulers who will dispose of the refuse at the county landfill in Milo and/or Pu'uanahulu, North Kona. The Milo landfill will be closed within the next few years, while the Pu'uanahulu site has an anticipated life of 25 years. Accordingly, the applicant will comply with the requirement of preparing: and implementing a solid waste management plan to help address this situation. E. Other Government Services As this area is already part of the Volcano Village, it already has access to a number of services. Thus, no extension of government services would be required, and existing facilities should be sufficient to accommodate the demand expected from this project There is a volunteer fire station located less than a mile away. The County district fire station and police station are located in Keaau, with a response time of approximately 20 minutes. As this project is a commercial one, it should have little or no direct impacts to schools, parks, and other related facilities. As the 14 project may indirectly generate a school demand, it should be noted that the site is proximate to the new Keaau High School complex. There are also public parks within the Kurtistown and Keaau area. The nearest public health facility is at the Hilo Medical Center, approximately 30 miles from the subject site. This facility is one of 5 licensed hospitals on the island. F. Other Utilities All other utilities such as telephone and electrical services are available to the site. VIII. IMPACT SIGNIFICANCE ANALYSIS U The short-term use of the site would probably be the same as the current use, which is open space. This will continue until construction begins, which will hopefully be within the next year. This project should not result in any significantly adverse short or long -terra impacts that cannot be properly mitigated. There will be direct ard indirect economic benefits resulting from the construction and implementation of this project. There will be construction jobs created in the short-term and at least 6-8 full and/or part-time positions created. Relatedly, the project will generate increased tax revenues that can supplement the State and County's fiscal resources. Because of its location, this project will provide a service that can be made reasonably accessible to the immediate neighborhoods. The required infrastructure - if needed - will be implemented by the applicant to mitigate potential impacts of this project. B. Irreversible and Irretrievable Commitment of Resources Portions of the subject site have already disturbed. Although there are some undisturbed areas, the commitment of natural or other resources (such as botanical and avifaunal) would not appear to be significant. Likewise, the likelihood of finding any archaeological or cultural remains on the site appear remote. f=urther, any unanticipated 15 finds can be properly mitigated upon consultation with appropriate government agencies. C. Mitioative Measures The applicant intends to provide any required off and on-site infrastructure in conjunction with the development of this project. These may on-site drainage for the parking area, landscaping, and water improvements. All of these, if required, will be done in conjunction with the permitting and permit implementation phases of this project. Although the potential of discovering additional archaeological features on the site is remote, if any inadvertent discoveries are made during any phase of this project, the Planning Department will be notified. If required, additional landscaping will also be incorporated within the project site, as well as along the boundaries adjacent to residential properties. The landscaping would be consistent with the Planning Department's landscaping rules. D. Alternatives to the Proposed. Prosect i. o Project Under the status quo alternative, the site would remain in its present vacant, open space use. Under this scenario, the site would not be utilized to its highest and best use, as envisioned by the General Plan and the commercial growth of the general area. Z. Development Based on Existing RS -20 Zoning Under this alternative, the land could possibly be subdivided into 2-3 residential lots. Thus, if the site were subdivided, it could possibly accommodate a maximum of 4 to 6 units :ender the "Ghana" zoning provision of the Code. While there are abundant, vacant residentially zoned properties in this area, there are less than 4 acres of commercially zoned lands. 16 3. Alternative Residential Densities The site could be developed and rezoned for multiple -family or single-family residential uses, and that would still be consistent with the General Plan. However, these lots would not be provided with a water system meeting with the (department of 'Nater Supply standards. While possible, a mixture of residential/commercial-office uses in this area would still be appropriate. Thus, either of those aiternatives would be appropriate and the choice elected by the applicant is for the commercial use. 4. Evaluation of Alternatives Leaving the property in its current state would not maximize the use of the land. There would also be diminished tax revenues and less services to the public. While alternative residential uses are possible, as noted earlier, so are commercial uses. In this situation, the applicant has opted for the commercial uses, due in large part to provide an economic and commercial service to the community. The project's impact to the area's social and physical infrastructure would not appear to be pronounced. Certain mitigative measures such as landscaping and so forth will be taken to address any possible impact associated by the development of this site. In that regard, the project in totality would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested CV -20 zoning alternative. IX. REGULATORY ANALYSIS - Cou and State Land Use Policies A. General Pian LUPAG MgR The General Pian provides for the long-range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. 17 The LUPAG map designates the site Medium Density, a designation that allows the requested CV -20 zoning. Accordingly, this request would not be inconsistent with the LUPAG map. B. General Plan Policies The requested zoning would be consistent with the goals, policies, and standards of the Economic and Land Use Elements of the General Plan. Specifically, the more pertinent ones follow: Economic Element Goals 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. Policies • 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 shall strive for an economic climate which provides its residents an opportunity for choice of occupation. • The Countv shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. 18 • The County shall encourage the development of a visitor industry which is consistent with the social, physical, and economic goals of the residents of the County. Land Use Element lCormrmercial) Goals • Provide for commercial developments that maximize convenience to its users. • Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. Policies Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. • Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. • the development of commercial facilities should be designed to fit into the locale with minimum intrusion while providing the desired services. Appropriate infrastructure and design controls shall be incorporated into the review of such developments Standards • Commercial developments shall be located in areas adequately served by transportation, utilities, and amenities. Commercial developments shall provide for adequate internal circulation amongst commercial facilities in the area. e Off-street parking and loading facilities shall be provided. 19 • Commercial development shall maintain or improve the quality of the present environment through the consideration of visual, access, landscaping, and other design elements in their development. • Preference shall be given to commercial lands with a reasonably level topography. Discussion If approved, the project would provide services (such as self - storage and equipment rental) and goods (such as home and agricultural -related supplies and equipment) for the area in an area that is serviced by a good transportation system. The project would help address these needs. Relatedly, all required infrastructure is there or, if not and/or needed, will be provided by the applicant without taxing government's servicing ability. Further, the site does not have any on-site developmental constraints. The land is relatively level and is designated °X" on the FIRM map. Although there are potential for some endemic birds to visit this area, the development of this site would not remove a critical habitat. There are alternative areas proximate to the subject property that are not scheduled for development (such as the national Park) which provide this important ecological function. Furthermore, in the event there are some inadvertent archaeological finds, work will stop and the State DLNR and County Planning Department will be consulted before further activities occur within the affected area. Finally, standards for all commercial buildings will be met. These include the acreage, setbacks, uses, parking, and the like. The height will be capped at 30 feet, which is less than the height limit of 35 feet for the present RS -20 zone. C. Zoning If the request were approved, the site would be developed into a commercial equipment rental and hardware project. All requirements relative to height, setback, landscaping, and parking, 20 and the like would be complied with. No variances from the Code are anticipated. D. Hawaii State Plan Chapter 226, Hawaii Revised Statutes, outlines the long-range goals and policies of the Hawaii State Pian. Said Plan is intended to serve: as a guide for the growth and future long-range development of the State. Pursuant to said requirement, a discussion of the pertinent policies and goals and the project's relationship follows: Goats • A strong, viable economy characterized by stability, diversity, and growth that enables the fulfillment of the needs and expectations of Hawaii's present and future generations • A desired physical environment characterized by beauty, cleanliness, quiet, stable and natural systems, and uniqueness that enhances the mental and physical well-being of the people • Physical, social and economic well-being for individuals and families that nourishes a sense of community responsibility and caring of participation in family life. Discussion The proposed project would achieve these goals. It would provide both direct and indirect employment opportunities for current and future residents of the island; contribute to the island's overall tax base and hence, increase both State and County revenues; and complement and support other economic uses and in turn, contribute to the stability, diversity, and growth of local and regional economies. This employment opportunity would come without adversely affecting, the environment. There are no known or significant plant or animal life as well as archaeological/cultural features that would be impacted Impacts to the surrounding areas would also not be significantly adverse; All of the required infrastructure are in place, and if any upgrades are needed, they would be done by the applicant and not at the cost to the public. The provision and/or retention of natural 21 landscaped buffers around the perimeter of and selected portions within the project site would also help mitigate any adverse visual and noise impacts to neighboring properties, which are either used semi -commercially or residentially. G. Hawaii Coastal Zonae Management Program The objectives of the Hawaii Coastal Zone Management (CZM) Program are outlined in Chapter 2€35a, Hawaii Devised Statutes. The principal goal is to assure the protection and maintenance of the State's coastal resources. Although the entire State falls within the CZM area, the permitting process is geared for those areas proximate to the coast and identified by the County as the Special Management Area. Nonetheless, a general review of a project's consistency to the CZM policies - regardless of its location - must still be made. In that regard, please note the following: The proposed project will not have any substantial adverse environmental or ecological effect. (Please refer to discussions in Chapters V, VI, and VII). Any effect that may result will be minimized to the extent practicable and will be clearly outweighed by public interest. • The proposed development would be consistent with the objectives of the CZM program. Specifically: • there would be no impact to the area's recreational resources. This is not a shoreline property; • the site does not appear to have any historical resources; • the project will not affect any scenic and open space resources; • the coastal ecosystem will not be impacted; • there will be more employment opportunities, and hence furthering the economic uses of the site; • the site is more than seven miles from the shoreline, and thus there would be no coastal hazard or beach erosion or marine resource impacts; and • public participation will be achieved through the hearings on this request. Further, the applicant did meet with the Volcano Community Association. • The proposed development is consistent with the County General Plan and other appropriate regulatory tools, such as the Zoning Code. 22 COUNTY OF HAWAII STATE OF HAWAII J BILL NO. 13 3 (Draft 3; ORDINANCE NO. X24 AMENDING SECTION 25-104 (VOLCANO -MT. VIEW ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFIWATION FROM ;SINGLE FAMILY RESIDENTIAL (RS -20) TO VILLAGE =-,2lERCIAL (CV -20) AT OLAA, PUNA, HAWAII, COVERED BY TAX MAP KEY 1-9-04:PORTION OF 14. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-104, Article 3, Chapter 25 (Zoning Code; of the Hawaii County Code, is amended to change the district classification of properties described hereinafter as follows: The district classification of the following area situated at Olaa, Puna, Hawaii, shall be Village Commercial (CV -20): PARCEL 1: Beginning at a spike in tree (found) at the South corner of this piece of land, being also the East corner of Lot 3 (Grant 5643 to R.W. Filler) and on the Northerly side of Volcano Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KULANI", being 33,199.18 feet South and 22,632.86 feet East and running by azimuths measured clockwise from true South: 1. 149° 311 415.16 feet along Lot 3 of Olaa Summer Lots, (Grant 5643 to R.W. Filler); 2. 239° 31' 154.15 feet along Lot 4-B, being the _ remainder of Lot 4 Olaa Summer Lots; 3. 329° 31' 400.00 feet along Lot 5, of Olaa Summer Lots (Grant 5683 to A.M. Cabrinha); EXHIBIT A 4. 53' 54' 154.89 feet along the Northerly side of Volcano Road to the point i of beginning and containing an area of 1.442 acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Access to the project shall be restricted to the Old Volcano Road, meeting with the requirements of the County Department of Public Works. C. Restrictive covenants in the deed for the subject property shall require that the subject property: (1) Provide a water catchment system and storage capacity, meeting with the requirements of the Planning Department, the Fire Department, the Department of Water Supply, and the State Department of Health based on a formula using median annual rainfall and daily usage of gallons per day per unit as determined by the Planning Department in consultation with the appropriate agencies; (2) Provide easy fire department hose hook-up in an accessible location for fire equipment for unrestricted use of the water storage in case of fire emergency; -2- (3) Provide disclosure and waiver provisions relating to the lack of a private or municipal water system meeting with the requirements of the D•epartment of Water Supply, and which shall also include that the County of Hawaii shall not be responsible to provide water, at any time, to the development of the subject property, regardless of the situation. A copy of the covenants with the above requirements shall be submitted to the Planning nepartment for review and approval and a copy of the approved covenants shall be recited in an instrument executed by the applicants and the County prior to final plan approval for any portion of the subject property. The Planning Director shall promptly deliver such document to the Bureau of Conveyances for recordation. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. D. For the purpose of maintaining the rural character of the area and respectful of adjoining residences, the applicant in consultation with the Volcano Community .Association, shall submit plans to the Planning Director for Plan Approval for the proposed development of the subject area. Such plans shall include but not be limited to, identification of all existing and proposed structures, access, landscaping, architectural building controls, (appearance, siting, heights, building materials, signs, etc.), loading and unloading docks, setbacks from property lines and buildings, and.parking associated with the proposed use. Through the plan -3- approval process, the Planning Director shall impose reasonable conditions to fulfill the objectives of maintaining the rural character of the area and being respectful of adjoining residences. Further, should a community -generated plan such as the draft Volcano Vision 2020 Plan be adopted by the County Council, any changes in use and construction within the subject area shall meet with the provisions of the adopted Plan. E. An overall landscaping master plan incorporating native plant species, shall include a 10 -foot wide open landscaped buffer on the western (Kau) boundary property line of the subject area and a program for the maintenance of the landscaping master plan, to be submitted to the Planning Director for review and approval prior to the issuance of final plan approval. In addition, a fence or landscaping which effectively functions as a fence and in keeping with the rural character of the area shall be installed along the western boundary of the CV -20 zoned portion of the subject property. The requirements for a landscape buffer and boundary fence along the western boundary shall become void in the event that the lands adjoining such buffer and fence are reclassified to any zone district allowing commercial or industrial uses. F. Construction for the proposed development and related improvements shall be completed within five - (5) years from the effective date of the Change of Zone ordinance. -4- G. The existing shoulder, fronting the subject property, shall be improved, by pavement or similar compressed surface meeting with the approval of the Department of Public Works, to a width of 4 feet pavement and painted with a white edge of pavement marking, prior to the issuance of a certificate of occupancy for any use an the new project site. H. Should any unidentified sites or remains, such as lava tubes, artifacts, shell, bone or charcoal deposits, human burials, rock or coral alignments, pavings or wall be encountered, work in the affected area shall cease, and the Planning Department immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken. I. Should the Council adopt a Unified Impact -Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. J. An extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or -5- assigns, and that are not the result of their fault or negligence; 2. Granting of the time extension would not be contrary to the General Plan or the Zoning Code; 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e. a condition to be performed within one year may be extended for up to one additional year). K. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -6- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HPPAII Hilo, Hawaii Date of Introduction: October 4, 1995 Date of 1st Reading: October 4, 1995 Date of 2nd Reading: October 18, 1995 Effective Date: October 25, 1995 APPROVED AS TO FORM AND LEGALITY: DEFUTY CORPORATION COUNSEL DATE: I Dl L (/4 "— -7- �I O r KI UEA ROAC� M- ow 0-w < K c CY-10 s lot 3 J x.Ia I $ CV -40 MB cvao 33199.18 N } i CV -40 M, 22,632.8 E — 'KULAN' _ h GYi0 OLD VGLGAN0 ROAD'S = ss x SINGLE FAMILY RESIDENTIAL (RS -20) ' TO VILLAGE COMMERCIAL (CV -10) To Hilo O kms. y AREA: 1.442 ACRES RQAd , -r z O c r O — 15-20 V �-C AN Al2C. o To Kc"U v am 0 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-104 (VOLCANO - MT. VIEW ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAil COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS -20) TO VILLAGE COMMERCIAL (CV -10) AT OLAA, PUNA, HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY OF HAWAII TMK : 1-9-04. PORTION OF 14 AUGUST 24,1995 EXHIBIT "A•• (MAURICE THOMAS) OFFICE Of THE COUNTY CLERIC County of Hawaii Hilo . Hawaii Introduced By: Takashi Dominao Date Introduced: October 4, 1995 First Reading: October 4. 1995 Published: October 12, 1995 REMARKS: Second Reading: To Mayor: Returned: Effective: Published REMARKS: October 18, 1995 October 19, 1995 October 26, 1995 October 25, 1995 Novem -ber 3, 1995 ORAFT- y ) I DO HEREBY CERTIFY that the foregoing RILL was adopted by the County Council and published as indicated above. r, COUNCIL CHAIRMAN COUNTY CLERK Apprjed/,}*revrd than � � 9day '. C 26�-- ��= Y COUNlYOF HAWAII Bill No.: Bill 133 (Draft 3 Reference: C-620/PC-79 Ord. No.: 95 124 ROLL CALL VOTE AYES ,NOES ABS I EX l Arakaki Fx Bonk -Abramson X Childs X De L4= X Domingo X Osono x Rath X RayX X Smith x 9 0 0 0 I DO HEREBY CERTIFY that the foregoing RILL was adopted by the County Council and published as indicated above. r, COUNCIL CHAIRMAN COUNTY CLERK Apprjed/,}*revrd than � � 9day '. C 26�-- ��= Y COUNlYOF HAWAII Bill No.: Bill 133 (Draft 3 Reference: C-620/PC-79 Ord. No.: 95 124 ROLL CALL VOTE AYES NOES ABS ZX Arakaki X Bonk -Abramson X Childs X De Lima X Domingo X Osorio X Rath X Ray X Smith X 9 0 0 0 I DO HEREBY CERTIFY that the foregoing RILL was adopted by the County Council and published as indicated above. r, COUNCIL CHAIRMAN COUNTY CLERK Apprjed/,}*revrd than � � 9day '. C 26�-- ��= Y COUNlYOF HAWAII Bill No.: Bill 133 (Draft 3 Reference: C-620/PC-79 Ord. No.: 95 124 Volcano Community Association, Post Office Box 600, Volcano, Hi. 96785 Mr. Chris Yuen Director Planing Department 25 Aupuni Street, Rm. 109 Filo M. 96720 Dear Mr. Yuen I wish to take this opportunity to inform you that Mr. Maurice Thomas presented his rezoning plans relative to his hardware store business, to the board of director's of the Volcano Commu- nity Association at its April 4, 2002 meeting. Notice of this presentation was announced through the community newsletter in advance of the meeting. Drawings were displayed and a full discussion was encouraged. About a dozen community members were at the meeting, and questions were asked on Fire Safety, Signage, Property Clearing; Truck Noise, Size of Building, Landscaping, and how Additional Parking would look like from Old Volcano Rd. Mr. Thomas said Building PL, -ns would meet all County Fire Department Regulations, that there would be no more road signage needed as the lumber warehouse would be part of the hardware store, property clearing would be done by hand first to remove wood and ferns. Truck noise would be kept to the back of the property where the warehouse is located. Size of the warehouse building was needed to store lumber and rental equipment which is bulky and re- quire large area's. Landscaping would be done to meet with community approval first, also Mr. Thomas said only additional parking required by the County would be done, the Landscaping parking plan would be broken up by planter's or designed to off -set the look of just one big parking area, looking into the property from Old Volcano Rd. After question and answer time, I am happy to inform you that the and signed Board of Di- rectors agreed to forward a favorable recommendation to the County o oposed rezoning. If we can provide assistance on any other matter's please do not hesitate to contact us. i Very Truly Yours, CAII�11� Corky Myers President ( Acting ) Volcano Community Association EXMBIT COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. n,4 ( DRAFT 4 ) RELATING TO ESTABLISHING CRITERIA FOR WATER CATCHMENT SYSTEMS TO ALLOW FOR THE ZONING OF LANDS IN URBAN DESIGNATED AREAS WITHOUT THE NECESSARY INFRASTRUCTURE FOR WATER. WHEREAS, the availability of water is a necessary and a significant component in the planning and zoning for the County of Hawaii; and WHEREAS, there are areas on the island .of Hawaii designated as urban where the development of ground water resources and systems are severely restricted by uncertain and uncontrollable development costs; and _ WHEREAS, smaller developments within these urban designated areas are incapable of funding the infrastructure necessary for the development of water and its on-site and off-site improvements; and WHEREAS, in areas with adequate rainfall, domestic water has been traditionally provided by the use of individual water catchment systems. NOW, THEREFORE, RE IT RESOLVED BY.THE COUNCIL OF THE COUNTY OF HAWAII, that all of the following criteria are established for water catchment systems in,order_to allow for the zoning of parcels in areas designated as of the date of adoption of this resolution as urban where a water source .is not avaizlable through a public or private water system meeting the requirements of the Department of Water Supply: (1) The area of the request has no municipal or private water system meeting the requirements of the Department of Water Supply and there are no plans to construct such a system; (2) The General Plan of the County of Hawaii designates the area of the request as Low or Medium Density Urban, but shall not include areas designated for future Urban Expansion; (3) The State Land Use designation for the area of request is Urban; (4) The request is part of an existing development for which the proposal is an integral part of the existing development and proposes the same use; EXIT C (5) There is more than adequate rainfall available in the area of the request based on a formula using the median annual rainfall and daily usage of gallons per day; (6) The water catchment systems and storage capacity shall meet with the requirements of the State Department of Health, the Department of Water Supply and the Fire Department. (7) All of the above criteria shall be met to allow zoning of parcels in urban designated areas. BE IT FURTHER RESOLVED that the Council of the County of Hawaii directs the Planning Director and the Planning Commission to implement the above criteria for the processing of those zoning requests meeting the above criteria and to establish minimum standards for the capacity of water catchment and storage capacity based on the proposed use, rainfall and catchment area. BE IT FURTHER RESOLVED that the Clerk of the County of Hawaii transmit copies of this resolution to the Mayor of the County of Hawaii, the Planning Director and the Planning Commission Chairman. Dated at Hilo, Hawaii, this 20th day of July , 1994. COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on J u 1 y 2Q, 1994 ATTEST: COU'N= CLERK CHAIRMAN & PRE,SIDING OFFICER INTRODUCED BY: COUNCIL MEMBER, COUNTY OF'HAWAII Dlil"i A - to CF-?ILDS DE LIMA DOMING( BALE RATH ROSEHIL] SCHUi'Y'E —2e ROLL CALL VOTE AYESN®ES ABS EX P1 M Reference C-1147/PC--122 RESOLUTION NO. 217 (DRAFT �) H002 H, iJ G ' 8 Pfd 12 4 5 PL^VNING D�� AIFJMENT OF AL COUNTY OF HAWAII RESOLUTION NO. STATE OF HAWAII 17�-P"f 0s ( DRAFT 4 ) =L:jATITIG TO ESTABLISHING CRITERIA FOR WATER CATC:NT S`TSTEnS To ALLOW FOR THE ZONING OF LANDS IN URBAN DESIGNATYD 7.rE:_S :'7I^'?-:�TT1r -4= NECESSARY INFRASTRUCTURE FOR WATER. WHEREAS, the availability of water _L a Necessary and a significant component in the planning and zoning for the County or Hawaii; and i WHEREAS, there are areas on the island of Hawaii designated as urban where the development of ground water resources and systems i are severely restricted by uncertain and uncontrollable development costs; and WHEREAS, smaller developments within these urban designated areas are incapable of funding the infrastructure necessary for the development of water and its on-site and off-site improvements; and WHEREAS, in areas with adequate rainfall, domestic water has been traditionally provided by the use of individual water catchment systems. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that all of the following criteria are established for water catchment systems in'order .to allow for the zoning of parcels in areas designated as of the date of adoption of this resolution as urban where a water source is not available through a public or private water system meeting the requirements of the Department of Water Supply: (1) The area of the request has no municipal or private water system meeting the requirements of the Department of Water Supply and there are no plans to construct such a system; I (2) Tile General Plar_ of the County of Hawaii designates the area of the requed` as Low or Medium Density Urban, but shall not include areas designated for future Urban _Kean ,iun; (3) The State Land Use designation for the area of request is Urban; (4) The request is part of an existing development for ;which the proposal is an integral part of the existing development and proposes the same use; (5) There is more than adequate rainfall available in the area of the request based on a formula using the median annual rainfall and daily usage of gallons per day; (6) The water catchment systems and storage capacity shall meet with the requirements of the State Department of Health, the Department of Water Supply and the Fire Department. (7) All of the above criteria shall be met to allow zoning of parcels in urban designated areas. BE IT FURTHER RESOLVED that the Council of the County of Hawaii directs the Planning Director and the Planning Commission to implement the above criteria for the processing of those zoning requests meeting the above criteria and to establish minimum standards for the capacity of water catchment and storage capacity based on the proposed use, rainfall and catchment area. BE IT FURTHER RESOLVED that the Clerk of the County of Hawaii transmit copies of this resolution to the Mayor of the County of Hawaii, the Planning Director and the Planning Commission Chairman. Dated at Hilo, Hawaii, this ?Qth day of 1994. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the ae indicated to the right hereof adopted by the COUNCIL of e County of Hawaii on July 2Q, 1994 :TEST: -2- -)UNrTY CLERK c—, AIR.%LA_N & PRE°TDING OFFICER ROLL CALL VOTE AYES NOES ABS EX Irr-orrx - ABRa,r�sorr�X �urr nc HALE X RATH X ROSEHILL X SCHL7-T X Reference C-1-147/PC-122 RESOLLMO.a NO. f DA _ Harry Kim y �' Mayor 4pE•061NP�. Couuip of : abjai t FIRE DEPARTMENT 25 Aupuni Street • Suite 103 • Hil©, Hawai°i 96720 (808)961-8297 • Fax (808)961-8296 July 10, 2002 TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM DARRYL OUVEIRA, FIRE CHIEF SUBJECT REQUEST TO AMEND CHANGE OF ZONE NO. 806 APPLICANT: MAURICE THOMAS REQUEST: RS 20 TO CV -20a TAX MAP KEY: 1-9-4: PORTION OF 14 Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads Darryl J. Oliveira Fire Chief Desmond K. Wery Deputy Fire Chief ���? AL 12 9M 9 35 \ ,'I; :G D=P^RTMENT Gii,JN;Y OF H: ;'-`,iAll "Sec.10.207. (a) General. Fire apparatus access rads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. 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. "EXCEPTIONS. 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). "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 limit access. "For high -piled combustible storage, see Section 81.109. $,%t oo/ S i ��-e EXHIBIT Christopher J. Yuen, Planning Director Page 2 July 10, 2002 Width. The unobstructed width of a fire apparatusaccess r! _ ! shall requirements s d the appropriate county jurisdiction. "(d) Vertical Clearance. Pere apparatus access roads shall have an unobstructed Vertical clearance of not less than 13 feet 6 Inches. ••:<�. :x.; �► .•aev� is ; ' l,g�, � ! a e.g. •, :.t d. - :: �r a :.1.;., .` lc.d ' :ai"t.- M: clearances or widths required by Nis section may be increased Men, in ft conion of the chief, vertical clearances or widths are not adequate to provide fire appanatus access. "(f) Surftce. Fire s: ,cces . roads shall be designed and mairAsined to support the imposed loads of fire apparatus and stdl be provided vM a suftce so as to provide all-weather driving capabilities." t tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in len� 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 designed live loading sufficient to carry s imposed loads of - ..a•Y "a) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by `x "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, ding, :t a` ofvehicles.:: ".! r ss. widths - a, ^ .., Mestablished this section shall be maintained at all times. Signs, required.tthe firechief, approvedsignsor otherapproved notices be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction #weaf or both," Water supply shall be In accordance with UFC Section 10.301: "(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon Mich buildings or portions of buildings aria hereafter constructed, in accomkince with the respective county tater requirements There shall be provided, when required by the chief, ors -site fire hydrants and mains capable of supplying the required fire flame+. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, suer mains or other fixed systems capable of providing the required fire flow. Christopher J. Yuen, Planning Director Page 3 July 10, 2002 ''r : .�.:s: - `a'.: - . ,e�: moi+ Hs � r r : �s+1 - •e' �z ^ o* } a L�c-- R L. CIRA Fire Chief RK:Ik 4F O1 N1 h8 V,I„ Qn Bi.,.;g,�,''4p 25 STATE OF HAWAII ,1; jCN DEPARTMENT OF LAND AND NATURAL RESOURCES Ji i Y l/ HAIVIIAli LAND DIVISION P.O. BOX 629 HONOLULU, HAWAII 96809 August 1, 2002 LD -NAV L -35911122J261 /2753/875 Honorable Christopher J. Yuen Planning Director County of Hawaii Planning Department 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 Dear Mr. Yuen: SUBJECT: Review: Request to Amend Change of Zone No. 806 I. D. No.: COZ 806 Applicant: Mlaurice Thomas Request: RS -20 to CV -020a Authority: County of Hawaii Planning Department TMK: 3rd/ 1-9-04: 041 AQUATIC RESOURCES BOATING AND OCEAN RECREATION CONSERVATION AND RESOURCES ENFORCEMENT CONVEYANCES FORESTRY AND WILDLIFE HISTORIC PRESERVATION LAND DIVISION STATE PARKS WATER RESOURCE MANAGEMENT COZ006. RCM Thank you for the opportunity to review and comment on the subject matter. A copy of the document (application) covering the proposed project was made available to the following Department of Land and Natural Resources' Divisions for their review and co:rment: Division of Forestry and Wildlife Historic Preservation Division Commission on Water Resource Management Land Division Engineering Branch Hawaii District Land Office Attached herewith is a copy of the Historic Preservation, Land Division Engineering Branch and Hawaii District Land Office Response. The Department of Land and Natural Resources has no other comment to offer. Should you have any questions, please feel free to contact Nicholas A. Vaccaro of the Land Division Support Services Branch at 1-808-587-0438. Very truly yours, Mdz , ham. DIERDRE S. MAMIYA Administrator I 11 C: Hawaii District Land Office BENJAMIN J. CAYETANO GOVERNOR OF HAWAII STATE OF HAWAII GILBERT S. COLOMA-AGARAN, CHAIRPERSON' BOARD OF LAND AND NATURAL RESOURCEr, COMMISSION ON WATER RESOURCES MA,NAGEMEN DEPUTIES ERIC T HIRANO LINNEL NISHICKA �,. Iii.DEPARTMENT OF LAND AND NATURAL RESOURCES HISTORIC PRESERVATION DIVISION KAKUHIHEWA BUILDING, ROOM 555 801 KAMOKILA BOULEVARD KAPOLEI, HAWAII 86707 July 16, 2002 RAWAI'I HISTORIC PRESERVATION DIVISION REVIEW Agency/Applicant: DLNR Land Division Address: P.O. Box 621 Honolulu, Hawaii 96809 AQUATIC RESOURCES BOATING AND OCEAN RECREATIOti COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND RESOURCES ENFORCEMENT CONVEYANCES FORESTRY AND WILDLIFE HISTORIC PRESERVATION LAND STATE PARKS LOO NO: 30304 DOC NO: 0207PM06 Project: Request to Amend Change of Zone No. 806—Maurice Thomas Location: Volcano, Puna, Hawaii Island TMK: (3) 1-9-004:Por. 014 1. We believe there are no historic properties present because: ---------a. intensive cultivation has altered the land ---------b. residential development/urbanization has altered the land ---------c. previous grubbing/grading has altered the land ---------d. an acceptable archaeological assessment or inventory survey found no historic properties --------e. other: the location of the subject parcel in an upland forest environment; our determination is made with the understanding that the applicant will abide by the conditions pertaining to inadvertent finds set forth in Ordinance 95-124 2. This project has already gone through the historic preservation review process, and mitigation has been completed. X Thus, we believe that "no historic properties will be affected" by this undertaking. Signed e • /U1 tC Date Tz D—, Patrick C. McCoy Hawaii Island Archaeologist PM:amk t £•-O F N, df y;utyi,'t _I LL Cl o ynel �ATE OF HAWAII 1. DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION P.O. BOX 621 HONOLULU. HAWAII 96809 June 27, 2002 L=3591 LD/NAV Ref.: COZ806.CMT AQUATIC RESOURCES BOATING AND OCEAN RECREATION CONSERVATION AND RESOURCES ENFORCEMENT CONVEYANCES FORESTRY AND WILDLIFE HISTORIC PRESERVATION LAND DIVISION STATE PARKS `NATER RESOURCE MANAGEMENT Suspense Date: 7/15/02 MEMORANDUM: TO: Division of Aquatic Resources XXX Division of Forestry & Wildlife Na Ala Hele Trails Division of State Parks Division of Boating and Ocean Recreation XXX Historic Preservation Division XXX Commission on Water Resource Management Land Division Branches of: Planning and Technical Services %4XX Engineering Branch 000 Hawaii District Land Office (RD) It FROM:eirdre S. 14amiya, Administrator 61"A_A-e�.� Land Division SUBJECT: Request to Amend Change of Zone No. 806 Applicant: Maurice Thomas Request: RS -20 to CV -•020a TMK: 3rd/ 1-9-004: portion of 14 Please -review the attached document and submit your comments (if any) on Division letterhead within the time requested above. Should you need more time to review the subject matter, please contact Nick Vaccaro at ext.: 7-0438. If this office does not receive your comments on or before the suspense date, we will assume there are no comments. ( ) We have no comments. )), Comments attached. Signed: b^ - Date: DEPARTMEN OF LAND NATURAL RESOURCES Land Division Engineering Branch COMMENTS We confirm that the project site is located in Zone X (Not Shaded). This is an area determined to be outside of the 500 -year flood plain. If you have any questions, please call Mr. Eric Yuasa of the Planning Section at 587-0229. Signed: ANDREW M. MONDEN, CHIEF ENGINEER Date: N:IWLDIMAKAIISUZIEIHI\M.ThomasRezone.Hawaii 108 -DOC Harry Kim Mayor Ni�KV��c�,vr� MEMORANDUM June 1 1002 TO! C auuftr of ufunii PLANNING DEPARTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 (808) 961-8288 • Fax (808) 961-8742 DPW — Hilo DWS DEM Civil Defense Police Fire Real Property Tax Office Christopher J. Yuen Director Roy R. Takemoto Deputy Director FROM: �%CHRfSTOPHER J. YUENK� "^� Tanning Director i -'� -'"t ._.. r SUBJECT. Request to Amend Change of Zone 1�o. 806 Applicant Maurice Thomas Request: RS -20 to CV -20a Tax Map Key: 1-9-4: Portion of 14 The enclosed application requesting an amendment to the above referenced Change of Zone was received by the Planning Department on June 6, 2002 is being forwarded for your review. May we please have your written comments by (44 weeks). Otherwise, we will assume that you have no comments on or objections to the request. Should you have any questions, please do not hesitate to contact Eileen O'Hora-Weir or Susan Gagorik of our office at 961-8288. EOW:mad pAwpwin601Ei1een\PC AppMemlAppThomasREZ806eow Enclosure: Application WNr 7 R iaVVVod pi has Icomments oo (H/ District Branch) regarding this request N ,D'LNR —Land Division - Health DOT — Honolulu ti ter' DOT — Hilo ; - Volcano Community Association _q Hilo Staff — Ministerial (sets file) cz, -- Hilo Staff — Drafting (see file) FROM: �%CHRfSTOPHER J. YUENK� "^� Tanning Director i -'� -'"t ._.. r SUBJECT. Request to Amend Change of Zone 1�o. 806 Applicant Maurice Thomas Request: RS -20 to CV -20a Tax Map Key: 1-9-4: Portion of 14 The enclosed application requesting an amendment to the above referenced Change of Zone was received by the Planning Department on June 6, 2002 is being forwarded for your review. May we please have your written comments by (44 weeks). Otherwise, we will assume that you have no comments on or objections to the request. Should you have any questions, please do not hesitate to contact Eileen O'Hora-Weir or Susan Gagorik of our office at 961-8288. EOW:mad pAwpwin601Ei1een\PC AppMemlAppThomasREZ806eow Enclosure: Application WNr 7 R iaVVVod pi has Icomments oo (H/ District Branch) regarding this request i F f ^ STATE OF HAWAII All DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION P.O. BOX 621 HONOLULU, HAWAII 96809 June 27, 2002 L=3591 LD/NAV Ref.: COZ806.CMT Suspense Date: MEMORANDUM Division of Aquatic Resources XXX Division of Forestry & wildlife Na Ala Hele Trails Division of State Parks Division of Boating and Ocean Recreation XXX Historic Preservation Division --`XXX Commission on eater Resource Management Land Division Branches of: Planning and Technical Services XXX Engineering Branch 000 Hawaii District Land Office (RD) ROM: e>zeirdre S. Mamiya, Land Division Administrator SUBJECT: Request to Amend Change of Zone No. 806 Applicant: Maurice Thomas Request: RS --20 to CV -020a TMK: 3rd/ 1--9-004: portion of 14 AOUATIC RESOURCES BOATING AND OCEAN RECREATION CONSERVATION AND RESOURCES ENFORCEMENT CONVEYANCES FORESTRY AND WILDLIFE HISTORIC PRESERVATION LAND DIVISION STATE PARKS WATER RESOURCE MANAGEMENT Please review the attached document and submit your comments (if any) on Division letterhead within the time requested above. Should you need more time to review the subject matter, please contact Nick Vaccaro at ext.: 7-0438. If this office does not receive your comments on or before the sus/We ense date, we will assume there are no comments. ( have no comments. ( ) Comments attached. Signed: 1J Date: 70-�%Q� y i "T a B@..1yq.sis� STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION P.O. BOX 621 HONOLULU, HAWAII 96809 June 27, 2002 L=3591 LD/NAV Ref.: COZ806..CMT MEMORANDUM: Suspense Date: TO: Division of Aquatic Resources WXX Division of Forestry & Wildlife Na Ala Hele Trails Division of State Parks Division of Boating and Ocean Recreation XXX Historic Preservation Division XXX Commission on Nater Resource Management Land Division Branches of: Planning and Technical Services XXX Engineering Branch 000 Hawaii District Land Office (RD) FROM:eirdre S. Mamiya, Land Division AQUATIC RESOURCES BOATING AND OCEAN RECRFATION CONSERVATION AND RESOURCES ENFORCEMZNT CONVEYANCES FORESTRY AND WILDLIFE HISTORIC PRESERVATION LAND DIVISION STATE PARKS WATER RESOURCE MANAGEMENT Administrator SUBJECT: Request to Amend Change of Zone No. 806 Applicant: Maurice Thomas Request: RS -20 to CV -020a TMK: 3"/ 1-9-004: portion of 14 Please review the attached document and submit your comments (if any) on Division letterhead within the time requested above. Should you need more time to review the subject matter, please contact Nick Vaccaro at ext.: 7-0438. If this office does not receive your comments on or before the suspense date, we will assume there are no comments. ( We have no comments. ( }4wc tached. . 1 Sign Date: ___ AGOPOW SidneyFuke, F,_ ..ling Consultant 100 Pauahi Street, Suit 212 • Hilo, Hawaii 96720 Telephone: (808) 969-1522 • Fax: (808) 969-7996 July 3 0, 2002 rL J%)� 3 0 Pr 2 2 5 "LA' Mr. Christopher Yuen, Director Planning Department' COUNTY OF IIAWAT I 101 Pauahi Street Filo, I-II 96720 Dear Mr. Yuen: Subject: Rezoning Request (REZ 02-011) — Maurice Thomas RS -20 to CV -20, TMK: 1 -9 -24. -portion of 14 • Plannino • Varianca • Zonis • Subdivision • Land Use Peaiuts • Environmental Peaors Thank you for providing me with a copy of agency and public comments to date regarding the subject matter. In response to said comments, please note the following: Department of Public Works Pursuant to current policy, all water generated on the project will be contained on site. Plans for said system, which may include drywell, shall be prepared and submitted to the Department for its review and approval, and if appropriate, the required UIC Permit will be secured for any drywell. Likewise, the appropriate grading and/or grubbing permit will be secured from the Department. All of these plans and/or permits will be done prior to or in conjunction with the building permit process. When the rezoning for the front portion of this site was considered, the issue of curb, gutters, and sidewalk fronting the Old Volcano Road was discussed. The applicant maintained then and now that said system was not needed, as it would largely be incongruous with the rural ambience ofthis area and region. It was noted that between Keaau and Volcano, there are sporadic commercial uses, none of which are fronted by curb, gutters, or sidewalk. To require these improvements would be visually incompatible with the area.. Then, too, the volume of pedestrian and vehicular traffic in this area is not heavy. The County Council, in its approval of the request, did not require any such improvements but did require that the existing shoulder fronting the property be improved with a 4 -foot wade pavement or similar compressed surface. If additional lighting and/or traffic control devices are needed fronting the entrance to the property, they will be done by the applicant prior to issuance of an occupancy permit for the expanded area. Department of Water S u_ply It is acknowledged that a County -approved water is not available in this area. Again, in conjunction with the CV rezoning of a 1.442 -acre area, the applicant noted that EXHIBIT , ,� Mr. Christopher Yuen July 30, 2002 Page 2 a) there was a 300,000 gallon catchment reservoir that was sufficient for fire protective purposes and that patrons would be utilizing bottled water or potable water hauled and stored on site by the applicant. It was also reasoned that the request was consistent with the County Council Resolution 247-94 relating to criteria for considering zone changes where there is inadequate public water system. The Council, in its approval of the zone change, required that the water catchment system had to a) meet M- th the requirements of the Planning, Fire, Water Supply, and Health Departments relative to quantity based on rainfall; b) provide easy Fire Department hose hook €.p to the reservoir; and c) appropriate disclosures of said site not having a water system meeting with County standards. The requested rezoning is designed to be used more for storage and commercial uses (such as an equipment rental) which will require little potable water. The existing reservoir is located adjacent to the planned expansions, thus making it readily accessible for fire protective purposes. Fire Department As noted earlier, the existing reservoir should be sufficient for fire access. Should additional requirements of the Fire Department be imposed — such as improved access, hose bib, or storage - the applicant is prepared to make such improvements prior to occupancy of the expanded area. Department of Environmental Management — Solid Waste Division Due to the commercial nature of this request, all waste material will be disposed in the Hilo Landfill or its alternate, once that Landfill is closed. Understandably, during the construction and operational phases, there will be some waste products that will have to be disposed at the Landfill. However, to minimize waste, the applicant intends to engage in recycling and composting. Recycling stations will be placed within the site and collected and appropriately disposed off by the applicant or a commercial hauler. Composting of green waste — as well as some of the construction material - will also be utilized for the area's landscaping and applicant's on-site nursery. Other Agencies The other reviewing agencies (State Department of Health, Police Department, and Real Property Tax Division) had no objections and/or adverse comments to offer. Mr. Christopher Yuen July 30, 2002 Page 3 I will submit a response to pertinent public comments after I have had a chance to review and discuss them with the applicant. In the meantime, if you have further questions or comments on this matter, please feel free to contact me. Thank you very much. Sincerely, kA411 SIDNEY M. PUKE Planning Consultant Copy — DPW — Engineering Division Fire Department DWS DEM — Solid Waste Division Maurice Thomas w/ enclosures (agency comments) Letters from Volcano Business Association EXHIBIT C- Volcano Business Association, Post ®fico Box 28, Volcano, Hi. 96785 To Cynee Wenner, President Volcano Community Association P.O. Box 600 Volcano M. 96785 15 May 2002 Dear Cynee Wenner, It has come to our attention, that a Volcano Village Special Design District Plan for the commercial area along the Old Volcano Village Road has been developed by a committee within the Volcano Community Association. The Volcano Business Association feels that since this plan has neither been discussed, and nor has it been approved by our Business Association which operate most of the Business's within this Commercial District. We feel that until we review openly and discuss this special design plan within our own association and with the Volcano Community Association. We Do Not approve of this special design plan at this time. We look forward to open meetings with both Associations present, so that we may consider such special design plans, as we are the business's this plan will most effect. Sincerely, t t-- -)moo From:Volcano Business Association c/o P.O.Box 28 Volcano,IiI 96785 To Jeffery Mermel,President Volcano Community Association P.O.Box 600 Volcano,HI 96785 6 August 1993 Dear Jeffery; It has come to our attention that a Special Design District Plan for the: Old Volcano Highway -area has been submitted by the Lon` Range Planning Committee to the County for consideration. We feel that,since this plan has neither been discussed nor has been approved by anyone within the Special Design District or by the VCA Board of.Directors, it should be declared null and void until it has been openly discussed and approved by the full community,which it effects. We look forward to an open meeting with the Long Range Planning Coimnittee,the VCA and the community. Sincere regards. For the Volcano Business Association: Ronald T.Onouye Exhibit H Letters from Volcano Community Association EXHIBIT Volcano Community,- Association, Post Office Box 600, Volcano, Hi. 96785 Mr. Chris Yuen Director Planing Department 25 Aupuni Street, Rm. 109 Hilo Hi. 96720 Dear Mr. Yuen I wish to take this opportunity to inform you that Mr. Maurice Thomas presented his rezoning plans relative to his hardware store business, to the board of director's of the Volcano Commu- nity Association at its April 4, 2002 meeting. Notice of this presentation was announced through the community newsletter in advance of the meeting. Drawings were displayed and a full discussion was encouraged. About a dozen community members were at the meeting, and questions were asked on Fire Safety, Signage, Property Clearing, Truck Noise, Size of Building, Landscaping, and how Additional Parking would look like from Old Volcano Rd. Mr. Thomas said Building Plans would meet all County Fire Department Regulations, that there would be no more road signage needed as the lumber warehouse would be part of the hardware store, property clearing would be done by hand first to remove wood and ferns. Truck noise would be kept to the back of the property where the warehouse is located. Size of the warehouse building was needed to store lumber and rental equipment which is bulky and re- quire large area's. Landscaping would be done to meet with community approval first, also Mr. Thomas said only additional. parking required by the County would be done, the Landscaping parking plan would be broken up by planter's or designed to off -set the look of one big parking area, looking into the property from Old Volcano Rd. After question and answer time, I am happy to inform you that the undp signed Board of Di- rectors agreed to forward a favorable recommendation to the County o Vroposed rezoning. If we can provide assistance on any other matter's please do not hesitate to contact us. Very Truly Yours, Corky Myers President (Acting) Volcano Community Association Volcano Community Association, Post Office Box 600, Volcano,- loll 96785 Mr. Chris Yuen, Director Planning Department County of Hawaii May 14, 2002 Dear Mr.Yuen, It has come to my .attention that a letter was received by you and the Planning Department on April 17, 2002, that was improperly sent and signed by six of the eight members of the VCA board, I became aware of this letter at my meet- ing with your deputy, director and Alice on May 13th. Any letter that comes from the VCA beard is to be discussed at a meeting, written on VCA letterhead stationary by the secretary or president, approved at a board meeting, or by a phone poll if time is of the essence, and signed by the president or the full board if necessary. None of the above was complied with, nor was mention made of this letter at our next board meeting. I feel that at this time, even though a first informational meeting was held regarding Maurice Thomas' proposal for the expansion of his True Value Hardware store, it is premature for the VCA board to take a stand on this issue. Nor have we been forrnallyasked to do so. Therefore, I am asking that this letter received on April 17, 2002, be rescinded from your files. Please call me if you have any questions regarding this matter. Thank you, Cynee Gillette -Wenner VCA Board President 967-8095 1, X462. Volcano Community Association, Post Office BPR QQ9,1 1 0j 1 6785 PLANT III ,!� DErAPTMLEUT Dear Mr. Yuen, This letter is to clarly my July conversation with Effeen i ♦ra-Weir regarcring Request to Amend Change of Zone, No. 806 for Maurice Thomas. The Volcano Community undergoing VansIbrmatiorvroxganization wtkh will be disscu� ed a commun4 meethg on September 5th. At present, of the year 2002 efected board members, Due . fts current situation NO FOFWALPOSITION application for re -zoning. Sincerely, Cynee Gillette -Wenner Immediate Pali -President COUNTY QF HNNNI JULr v t -r iy^ �f l ) G � C"J August 5, 2002 00 Mr. Chris Yuen �. Planning Di County of of Ha ii 25AupuIilo, �gSsyt Hf"3$ 20 Dear Mr. Yuen, This letter is to clarly my July conversation with Effeen i ♦ra-Weir regarcring Request to Amend Change of Zone, No. 806 for Maurice Thomas. The Volcano Community undergoing VansIbrmatiorvroxganization wtkh will be disscu� ed a commun4 meethg on September 5th. At present, of the year 2002 efected board members, Due . fts current situation NO FOFWALPOSITION application for re -zoning. Sincerely, Cynee Gillette -Wenner Immediate Pali -President Letters with Comments and Concerns EXHIBIT :E Deborah Knowlton Uchida PO Box 173 * Volcano, Hawaii * USA * 96785 Phone/Fax: (808) 985-7303 April 13, 2002 Chris Yeun, Planning Director 25 Aupuni St. Hilo, HI 96720 RE: Lumber yard in Volcano The lumber yard that has been proposed as an addition to the True Value Store does not seem appropriate in Volcano for the following reasons: 1. Not in keeping with the village community ambiance 2. Not consistent with the community plan 3. Would require the clearing of extensive native forest 4. With the small population base in Volcano, the yard would need to draw clientele from outside the immediate area, straining underdeveloped roads and infrastructure in/and leading to Volcano. Perhaps the applicant would consider a much smaller addition, to house the equipment rental business that is also being proposed. This might be a suitable compromise. Your consideration of these factors would be greatly appreciated. Since ly, Deb ah Uchida F- i Chris Yuen Head of Planning Department Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 FL :;� so 1VT 71 1 0 -L- We L We are writing to show our concern for the development of Volcano Village. We support the Volcano Vision 2020 for our small community. We would like the county to support the values of small business and cottage industry here is Volcano. We ask for this support especially as you review proposals for the development of Volcano Village along Old Volcano Road, the main corridor of our village. We are aware of Maurice Thomas' development plan regarding the rezoning of his land on Old Volcano Road. While we value his contributions to our community through the hardware store and Thai Restaurant, we are concerned about the scale of his current proposal. We would like to see his business thrive and continue to offer needed services to our small community. We would also like to see him scale down his plans for commercial use of this site. The current scale of his proposal could bring a number of large commercial trucks along a road that serves small businesses, a healing arts center and residential living. The amount of native forest that would need to be removed is also a concern. A smaller scale business plan would preserve the forested nature of our rural community, noted as a World Historic Site, a Biosphere Reserve and buffer for Volcanoes National Park. Although the county allows for commercial use in the area of Old Volcano Road, we respectfully request the Planning Commission to encourage Maurice to scale down any plans for future development to be more aligned with the Volcano Vision 2020 plan and the uniqueness of the Volcano Community. The Honolulu Star Bulletin sent a group of reporters, photographers and writers to the Big Island several years ago and published a Special Report on the Volcano Community called " Volcano Flows". It was published on September 2, 1997. The opening headlines read: " Building a community takes a personal commitment that starts with getting to know ones' neighbors. Easier said than done. In Volcano, a place where life begins, the spirit of creation and creativity fills its inhabitants ,vho, are working together to maintain the flow of community. Their master plan, "Volcano Vision 2020," contains all their hopes and wishes for ecosystem preservation and managed growth on a human scale. Perhaps this village of 3,600 can show us how to better tend the land and each other as we move into the new millennium." 02114-30 Rojo '1 �'• Mr. Chris Yuen Director of Planning County of Hawai'i Hilo, Hawal'i Dear Mr. Yuen, F1Jq,I • -a cub( ,; y Pf7 I �S OF {MENT We are writing this letter in regards to the True Value plans for expansion in Volcano Village. We understand Maurice Thomas has applied for rezoning of 1.4 acres of land behind the True Value commercial center on Old Volcano Road. The zoning is currently residential (RS -20) and he has applied for Village Commercial (CV -20) for the parcel contiguous and behind the True Value commercial area. His Intention Is to build 15,000 square feet of storage and a retail structure to sell lumber and rent small equipment. Albert and I live four lots down the from True Value on the same side of the street. We own and operate Kilauea Lodge located next to our home on Old Volcano Road. We are essentially neighbors of the True Value commercial area. We have been to two of the: Volcano Community Association meetings where Maurice has explained his plans to the community at large. We ye_ ry much arJ=late Mr. Thomas's inv6vement of community inpu(.. However, we have some reservations about this rezoning and the proposed storage and retail structures. Our concerns involve noise, native forest, potential flooding and fire. 1) Volcano Village Is a quiet !ural village. Located right next door to the proposed warehouse is a small bed and breakfast and Wellness Center. Recently, the County gave permission for I:athleen Porter to operate a Wellness Center involving yoga, massage, meditation, and small group meetings. A Wellness Center might not seem compatible with retail industrial warehouses located 25 feet away. 2) Heavy rains coming off 15.000 square feet of roofing could create a flooding Issue if and when we encounter rains such as we saw No ember 1, 2000. In heavy rains, the water catchr,ient tanks at Kilauea Lodge are filled with 40,000 gallons of water In two hours, As a home owner and the Lodge owner, located downhill from the proposed retail lumberyard, we are concerned about potential flooding from a roof size of 15,000 square feet. P.O. Box 116 •Volcano Village. I1;ma;1 96785 • Phonc. (808) 967-7366. las: (XO8- 1167-7107 • cnwil,1a V kiIII ucaII r_ Z1249 3) Volcano is a World Heritage site. Part of the responsibility of this community is to maintain and enhance &e native forest with It's native birds. Critical and endangered species have captured the interest of the federal government. Respect for the habitat of native species should be a concern for all of us. When Albert and I applied for an extension of our commercial property, it was with the understanding that we remove as few trees as possible. We used aerial photos and surveyors to map the old growth of ohia and we designed our project so that these trees would not be touched. The proposed retail warehouse will clear-cut over an acre of large ohia stands. Volcano Art Center with it's proposed Niaulanl project on Old Volcano road has meticulously and sensitively designed structures that will leave many of the native trees Intact. Their philosophy is to build commercially while sustaining the native forest. (Ideally, there should be covenants in place protecting the native forest.) We hope that Maurice's proposed project will keep intact some of the native forest, If possible. 4) Lastly, we are concerned about fire. Dried combustibles located in a retail warehouse which also houses gasoline vehicles and light gasoline operated equipment, in the case of a fire, might not be able to be contained. dile believe that's one of the reasons lumber warehouses are housed in light industrial areas that pose little threat to homes, historic wooden plantation style buildings and native forest. If the County approves this storage and retail structure and there is a fire which spreads Into a community that has jM County water...,, fire hydrants, then the County must be ready to assume liability for all damages that might result. This is not said to demean the efficiency of our wonderful volunteer fire department. But a fire of great Immensity might be beyond the means of our volunteer fire department to control. A fire of that size could threaten our home, our business and the forest we all love. We use the True Value store, we love Thai Thai's food, we value Maurice Thomas as a member of this community. But Albert and I as neighbors have concerns. We would like these concerns addressed. Mahalo, Lorna and Albert J t homeowners in Volcano Village owners of Kilauea Lodge cc: Mr. Sidney I4uke % C?. JUL 17 Piq 1 `I July 10, 2002 PLANNING DEPARTMENT COUNTY OF H!,Vvni Dear Chris Yuen, Just last weep, I spent a memorable two days as a tourist in the charming Village of Volcano. It is a peaceful little place, nestled against a stunning and lush backdrop. Volcano offers a delightful escape from the hustle and bustle of city life. We tourists come here to explore its natural wonders and to revitalize in its beauty and quiet. I was horrified to learn that this tranquility might soon be replaced by the industrial sounds of a lumber yard. Such a business will take away from both tourists and residents the wonderful serenity of this special place. Lumber trucks will pollute the air, shatter the quiet, frighten the wildlife, and crowd the streets. Certainly, the building needs of the area appear to have been met _ by simply tracking in supplies from Hilo. It makes no sense to drop this lumber business into a village that is basically residential, sprinkled with small restaurants, bed and breakfasts, and a wellness clinic that helps people deal with pain and stress. I urge you to carefully consider the appropriateness of this lumber yard in Volcano. Please remember the importance of preserving Volcano's magnificent natural beauty and charm, so that it can be enjoyed now and protected for the future. Sincerely, Helen Wooldridge Mountain. View, California WT.H. SHIPMAN, LIMIT PCS 2 25 KEAAU, ^ENT F��':. --w HAWAII ISLAND Gil i^vi e_ July 23, 2002 Chris Yuen, Director Planning Department County of Hawaii 25 Aupuni Street Milo, I-II 96720 Dear Mr. Yuen: Re: County Rezoning Request (RS -20 to CV -20) TMK 3/1-9-04:14 portion As an nearby landowner, we have been notified of the subject request. As you know, it appears to be an expansion of an existing commercial use. The original commercial use was approved under questionable circumstances. It is our understanding that it was built, then approval was requested after the fact. Having said that, I am sure the Volcano community would like certain commercial uses to cut down on having to drive to Hiio. However, it is important that the placement of these commercial uses be such that they are buffered from abutting residential and other such uses that rely on the quiet nature of Volcano Village as the reason they are there. Because of the nature of the first approval, we ask that its approval not be used as a justification for expansion. I am sure that many residents will support such a venture, because they want such a use handy, but I would venture to say most of them would not want it abutting them. P.O. Box 950 "A Kamaaina Company Contributing to the Planned Growth of Hawaii" Phone: (808) 966-9325 Keaau, Hawaii 96749 Established 1923 Fax: (808) 966-8522 W.H. SHIPMAN, LTD. Sincerely, i• r I Diane Ware LL 29 P.O. Sox 698 5 Volcano HI 96785 C bUN; y Christopher Yuen Manning Director 25 Aupuni St. Pilo ISI 96720 June 6, 2002 Dear Mr. Yuen, P(7 1 � 3 TMENT Or H f}`�1'All I would like to make comments for your consideration regarding the proposed lumberyard addition to True Value Hardware in Volcano Hawaii. I attended the VCA meeting when the owner of this property, Maurice Thomas, presented his plans for the addition of a lumberyard/wherehouse to his existing businesses. After hearing his plan and viewing the property, I have several concerns about this proposed development and zoning change: 1) Traffic and Safety: The proposed metal structure(s), driveway and parking spaces seem inappropriate for the property and proposed use by large trucks and traffic common to a lumberyard. The existing buildings and reservoir leave only a narrow passageway to the rear of the property. Access is via Old Volcano Rd. through a mostly residential area shared by pedestrians, tourists, children, bicyclists, and skateboarders. There are no sidewalks and very little shoulder. 2) Another concern is whether this type and size of commercial development is needed (viable) or consistent with community vision for Village commercial development. It has been documented in 2020 vision that Volcano residents want to preserve the quiet and charm of the Village rather than promote industrial type of businesses that will erode the ambiance of a quaint Village so important to residents and tourists alike. Small cottage businesses, not shopping/industrial centers, are encouraged. 3) The loss of 1 acre of native forest is a concern. Preserving native forest is a high priority for residents and tourists alike. The forest is habitat for endangered species. 4) The noise and traffic of a lumberyard operating 8 hours a day 5-6 days a week seem inconsistent to an area of mixed commercial and residential use. Recently while attending a yoga class on the property next door, I could hear the dinging of a truck backing up at as well as feel the movement of the truck in the floor. Sincerely, Diane Ware 't 02 HUG 2 PJI I PLAf,,f�11(!G) :—P,2,PTMENT GUUNTY Or k-!A�nIAll Chris Yuen Planning Director 25 Aupuni St, Hilo. HI 96720 Dear Mr. Yuen, August 1, 2002 19-4025 Kalani Honua Road P.O. Box 411 Volcano, HI 96785 I am a resident and small business owner in Volcano Village and would like to voice my concern for the construction of a lumber _yard in our community. I am concerned for several reasons. I feel that a lumber yard is an industrial activity and is not appropriate for the residential flavor of the neighborhood. I am concerned about the noise that this type of facility would create and the impact it would have on the homes and small businesses close by. Notably, the wellness center adjacent to Mr. Thomas' property is in fact a small business dependent on a certain degree of peaceful ambience, quite counter to the beeping forklifts, crashing lumber and motors which would accompany the daily operating sounds of an industrial lumber yard. Additionally, the destruction of the natural landscape as set out in the plan is, in my opinion, excessive. I would also like to voice general support for Maurice Thomas as he plans for other small business ventures in our community. I would support business ventures which might help us maintain and enhance that which is so special in our Village -� the native forests and the peace and silence of natural spaces in balance with the needs of our community population. Lastly, I also believe that solid community planning for Volcano is needed. I have lived here twenty-five years and never before seen quite such an outpouring of strong opinions as those of recent weeks regarding this lumber yard debate. The lumberyard issue before our community has helped boot the need for community planning into the consciousness of our citizens. I would suggest that the lumber yard request be denied or tabled for now, and that the issue of visioned growth be carefully considered by our community. Thank you, Dina Kageler Artist, Arts Educator P.O. Box 411 Volcano, HI 96785 August 29, 2002 X092 HUG 5 PM 1 33 PLAJN!N11`1 L7),--'- �-` -'-,.P-1 MENT Chris Yuen COUNTY' OF Planning Director AL I am writing to you about a situation that I just found out about. I made reservations at the Volcano Country Cottages for a few days this September. In the course of the conversation with the proprietor, I learned that the owner of a lumber company has plans to put a lumber yard on the property behind the bed and breakfast. The owner plans to take an acre of beautiful rain forest to store lumber. This action will ruin the integrity of the area as well a put some small companies out of business. I feel that if you allow this company to use the land in this way, you are helping to destroy the beauty and ecology of the area. You will also contribute to the decline in tourism, which is a major economic source for Hawaii. There must be an equitable solution for everyone involved. Please don't let the greed of one, destroy the livelihood of others. Thank you for your time. Sincerely, Jane Ireland L�� Q a--tC-� 1590 - Oakridge Road Morgan Hill, California 95037 7��02 HUG 5 PPI 1 38 Patrick Conant ` P.O. Box 1172 PLANINING DEP-'FTti1`b1T Volcano, HI 96785 (dCUN T Y G"r,^VdAU AL August 3, 2001 Mr. Chris Yuen, Planning Director 25 Aupuni St., Hilo, Hi 96720 Dear Mr. Yuen, I am writing to you today to submit my opinions on the lumberyard proposed for the True Value Hardware store in Volcano Village because I will be unable to attend the public hearing on August 15. Mr. Maurice Thomas, the owner of the store, has provided a valuable service to the Volcano community by negating hundreds of trips to Hilo for home repair products. This has probably saved our state from importing oil for fuel and prevented thermal and air pollution. I realize that a lumberyard would also extend this form of conservation he provides indirectly. However, I believe the people served by his lumberyard will be a smaller group, i.e. contractors and those that have carpentry shills. The expense the community will pay for serving this smaller group of people .will be more traffic and especially loud unavoidable noise for those that live in the surrounding area. Consequenty, I am opposed to this particular commercial development. At the April 4 Volcano Community Association meeting Mr. Thomas said he would need to clear one acre of native forest. Some new home owners also clear equally large areas, but personally I am opposed to any clear cutting of native forest for development. I believe in taking every effort to leave as many native plants on the lot as physically possible. I suspect many of my fellow Volcano residents moved here because they like the dense native forest. Obviously, a warehouse will not leave any trees where it is placed. I would like to ask that you require that he provide a diagram that shows exactly what areas of the lot will be cleared of native forest and make this map available to the Volcano community . It could be posted on the VCA website which already has a relevant map, but it does not indicate precisely what would be cleared then replanted. If the project is approved, any areas left open must be landscaped with native species, or at the least, the plants used should be non-invasive species as determined by the Big Island Invasive Species Committee, of which I am a member. Aloha, 4l Patrick Conant ti. Florence M "Betsy" Mitchell Box 298 Volcano, Hawaii, 96785 Home Phone 967 7209 June 26, 2002 Ms Geraldine Giffin Planning Commission 101 Pauahi St. Suite 3 Hilo Hawaii, 96720 Dear kids. Giffin I am presently involved in many community activities and as a result our residents frequently come to me with their concerns. This :letter is to bring their concerns to your attention. These particular residents include homeowners, carpenters, contractors etc. We urge you to look favorably upon the request of Maurice Thomas, owner and operator of Volcano True Value to acid a lumber warehouse at the back of his property. The area is zoned commercial and this addition would be of great service and advantage to us all as measured in time, cost and convenience. To give you just one example of a recent experience that really, in our minds, drives home this point: Members of our Volcano community are building an addition to Cooper Community Center and paying for it by raising the money in a variety of fund raising events. In spite of what we thought was careful planning, we found ourselves in need of some 2x3s and a few other necessary pieces of lumber in the middle of the day. This caused delay and extra cost which would have been eliminated with the warehouse True Value is requesting. We are a "do it ourselves" community and such a warehouse located nearly an hour closer than the present Hilo lumber sources would be a great addition to Volcano. Please say yes. 3incerel �� y, P.O. Box 287 Mt. View, Hawaii 96771 June 3052002 Mr. Civistopher J. Yuen., DfiWor Planning Department County of Hawaii 25 Aupmfi Street Hilo, Hawaii 96720 Dear Sir: -, 1:.. U P , � 111 2 PPS 49 We am vmUng w mipport of Nfi- Maurice Thomas of Volcano, Hawaj4 regarding Ins Request to Cbange Zone No. 806. The applicant wishes to change Tax Mari Key 1-9-4-, poilion of 14 fmm RS -20 to CV -20, Ho is the, proprietor of Volcano Thie Value, the only business of its kind for many miles around. He has a very extensivr invwtory and saves the '%veekend wamors," doing home PrOjects, dw maJ'Y c0utrwtors and handYmen of Mt. View, Glenwood, and Vokano, as well as the The change in zoning would allow him to augment his stock widi lumber. Lumber would be a vahmble adft-on to Wbat he presm* provides. Now anyone needmg Jwnber must use more time and money to get it from Hilo, wfAch is thHty mdes mvay Even hameowums and bWden m %ft. Vww and Glenwood firequent this establishment since the nuleage is the same as to 1-hlo, but the drive is fdster vnffi less taffic and one cm more quickly get back to the flease ccm.ider his nupuast to expand his busL� and fmilitate many oth m- In improving their services to the wide-ranging upper Puna District. Thank you for yotr considaration m dns matw AlfiW and Ushe Lau ro 0;a0682 June 20, 2002 Mr. Christopher Yuen, Director Planning Department County of Hawaii 25 Aupuni Street Nilo, NI 96720 Dear Mr. Yuen, CJ 7 JUL 8 PM 2 12 PLANNING D-R'\PTMENT CUUNTY &F Ak I am writing to you to ask you to approve the rezoning request made by Mr. Maurice Thomas. This town needs a lumber warehouse and the services it would provide, to accommodate its growth. Your support for the rezoning will be appreciated by many. Aloha. OZOSS&/ June 28, 2002 Mr. Christopher Yuen, Director Manning Department County of Hawaii 25 Aupuni Stre Hilo, HI 96720 Dear Mr. Yuen, Your understanding and support for the rezoning request made by Mr_ Maurice Thomas of Volcano will have a very positive impact for those of us that live here. We need the convenience of a lumber warehouse, which is the intent of Mr. Thomas. Tease approve the rezoning, Sincerely, JLA-� acl_- PM 2 13 PLANNING MzNT June 27, 2002 Mr. Christopher Yuen, Director Planning Department County of Hawaii 25 Aupuni Stre Hilo, IR 96720 Dear Mr. Yuen, I am writing to you regarding the request for rezoning made by Mr. Maurice Thomas in Volcano. Please support the efforts of Mr. Thomas, as he plans to add a lumber warehouse to his p1roperty. As a resident of Volcano, I can attest to the inconvenience of having to travel to Hilo for needed supplies. A lumber warehouse in Volcano is something the community needs. Please approve the rezoning that Mr. Thomas is requesting. Sincerely, June 19, 2002 Mr. Christopher Yuen, Director Planning Department County of Hawaii 25 Aupuni Street Hilo, HI 96720 RE: Maurice Thomas proposed rezoning grant Dear Mr. Yuen, 8 PM 2 13 PL=',NNI� (� 11-)=P1>,F'TMENT „, WUNTY' Oi Nr�,"^r�h(I M I heartily approve of Maurice Thomas' rezoning request for the following reasons. As a homeowner, I would deeply appreciate having a lumber warehouse and equipment rental in the Village. I am continuously improving on my home and always have ongoing projects. I 'Know that I am not alone in this. Even though I am used to planning the trips to Hilo (30 miles and 45 minutes away), items are often forgotten or are needed unexpectedly making a trip to Hilo necessary. Not only is it an added expense and causes wear and tear on my vehicles, it adds to pollution. Volcano is for the most part a "do it ourselves" community and it becomes very frustrating to have to wait until your next trip to Hilo to purchase the necessary items to finish a project. Thankfully, his hardware store has saved me from countless trips to town. The lumber warehouse will only add to the community's convenience. Please approve the rezoning request. It will greatly help our community. Sincerely, June 21, 2002 Mr. Christopher Yuen, Director of Planning Planning Department County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Mr. Yuen, AL 12 PSI 2 41 FL/`\f.l�� IN(7 D' ��:�,� i M/F�NTAL I understand that Maurice Thomas, a lifelong Volcano residence, is applying for a zoning change, which will enable him to open up a commercial enterprise on property he owns. It is my understanding that it will consist of a lumber warehouse, equipment and machinery rental, and a storage freezer for his restaurant. I hate to think of all the Trips I have had to make to Hilo to pickup various pieces of Nmber and materials. They are too numerous to count. If this establishment is allowed to operate, it will be great savings not only in gas and mileage, but also in valuable time. Although I am speaking for myself, I know Haat other Volcano residents have the same sentiments. Maurice Thomas is considered as a reliable and trustworthy individual. He has provided the community with much needed services with his hardware store. By expanding into lumber and related materials, this community will certainly benefit. Your favorable consideration of his request will be most appreciated. Sincei 0211/3 JUL 12 Pn 2 45 D-�P-;'\RTMENT Culk-IN-ly OF JUNE 21, 2002 MR. CHRISTOPHER YUE�.', DIRECTOR PLANNING DEPARTMENT COUNTY OF HAWAII 25 AuPUNI STREET HILO, HI 96720 DEAR MR. YUEN, YOUR UNDERSTANDING AND SUPPORT FOR THE REZONING REQUEST MADE BY MR. MAURICE THOMAS OF VOLCANO WILL HAVE A VERY POSITIVE IMPACT FOR THOSE OF US THAT LIVE HERE. "NE NEED THE CONVENIENCE OF A LUMBER WAREHOUSE, WHICH INCLUDES NUMEROUS CONVENIENCES, WHICH IS THE INTENT OF THOMAS. PLEASE APPROVE THE REZONING REQUEST. THANK you! m �Cec�✓m� �/ f6 �c�'1 2i=2 ,1Ui- 12 PM 2 95 June 24, 2002 PYIIINI NI G, Q^ ,aP �; RENT AM Mr. Christopher Yuen, Director Planning Department County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Mr. Yuen, Your understanding and support for the rezoning request made by Mr. Maurice Thomas of Volcano will have a very positive impact for the residents of that town. Commercial zoning for Mr. Thomas will open up a variety of opportunities for those who see them. I hope that you also can "see" images and concepts that do not yet exist in the present moment. Your job is so important because your actions and perceptions affect the rest of us. There is a strong sense of community here in the forest. Many people want this change. Thank you for your careful consideration on this very important matter. Sincerely,6�2 02:1203' June 20, 2002 Mr. Christopher Yuen, Director Planning Department County of Hawaii 25 Aupuni Street Hilo, HI 96720 re -1--, C-Acr-0 y e- Of z®/,.",- Dear Mr. Yuen ` 2 `r`'� _15 PPI 1 `f2 FL As being a long time Volcano resident, I have been a customer of the Volcano Hardware Store for some time. Mr. Thomas has provided services here in this community that were much needed. As our community has and is growing, the need for the services continues to be much needed. Mr. Thomas is doing his best to provide those services that our community recognizes and appreciates. Thank you for considering this letter. Sincerely, 02126.3. �- Mr. Christopher Yuen Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Aloha Mr. Yuen July 11"', 2002 L 15 PM 1 4 3 I am writing this letter to support the rezoning request b^ urice Thomas, owner and operator of Volcano True Value. Maurice is a well-respected person in our community and has been involved in many community activities. As a life-long resident of our wonderful community, he has a well-earned reputation as a responsible citizen. I live in the area and caretaker a 21 -acre property. I am also planning on building a house in the near future, and a lumber warehouse in the area would be a welcome addition. A number of my friends (local residents) have expressed a desire for something more convenient than driving an hour to the present Hilo outlets. At present, I need to allocate extra time just to drive to Hilo for supplies. The Hawaii County Code provides Village Commercial Districts with a broad range or variety of commercial uses that are necessary to serve the population in areas such as Volcano. The addition of a lumber warehouse would serve the local people where the supplemental support of the general business uses and activities of a central commercial district is not readily available. I respectfully request that you honor the rezoning request! It would save the local residents a great deal of time and fuel if we had a source of lumber and related supplies in Volcano. If you have any questions, please feel free to call me at: 968-6559. Mahalo, R. `Chris' Christensen P.O. 741 Volcano, HI. 96785 JUL 15 IM 1 43 June 20, 2002 CUUN 'a' OF F1 Mr. Christopher Yuen, Director Planning Department County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Mr. Yuen, As a resident of Volcano, I feel it is important to write you in regards to the request for rezoning for the property owned by Maurice Thomas. Living up here in the forest has its advantages, such as cooler and cleaner air and a feeling of "country". However, we are still in the modern world and when in need of lumber supplies, residents of this area invariably end up in Hilo for shopping. A lumberyard would be most appreciated, and could be patronized by most anybody. There are always projects that need to be done. Having a lumber warehouse here in Volcano would take a lot of busybody traffic off Highway 11 and out of Hiles. We need more conveniences in the neighborhood. Therefore, it is important to many of us that you approve the rezoning request of Maurice Thomas. Sincerely, Volcano, HI 96785 June 24, 2002 Mr. Christopher Yuen, Director Planning Department County of Hawaii 25 Aupuni Street Milo, HI 96720 Dear Mr. Yuen, """TI.? JUL 15 PM 1 42 En We are writing to ask you to please support the rezoning request for Maurice Thomas. A lumber warehouse, as well as equipment and machinery rental, would be very advantageous to our community. The majority of residents in Volcano always seem to have remodeling of some type to do and with all the construction going on, in the area, the warehouse would be beneficial to everyone. Your understanding and support for the rezoning request will have a very positive impact for those of us who live here. Thank you! P.O Box 224 Volcano Hi. 96785 July 14, 2002 Mr. Christopher Yuen, Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Sir, JUL 17 PM 1 42 PLANNING DcPAITMCNT COJN T Y OF iXNAII AL I am a 50 year resident of Volcano. Having been born and raised here I have seen many changes that have occurred in our community. One that strikes me as the most beneficial to residents in this area is the True Value Hardware store. It has added jobs, and the convenience of being able to purchase many home repair and improvement products that we would otherwise have to drive to Hilo for. It has truly provided needed services and helped to create a real community feeling. I would like you to include my name in favor of the expansion of the True Value Hardware store that will include lumber and equipment rental which would be consistent with the already existing use of hardware sales. I feel that I need to diverge from my narrow commentary with some observations that may provide some perspectives for you in your decision making process. The Volcano Community Association (VCA) is presently a defunct organization that has hosted the committee, Vision 2020, for some years now. It is a matter of record now that Vision 2020 was the primary cause of the demise of the VCA. Unfortunately we, in the community, felt dis- empowered by the minority who usurped the board of the VCA and sat by and allowed Vision 2020 to use VCA as a means to discriminate against certain business who did not fit a profile acceptable to Vision 2020. At the June meeting of the VCA some of us, decided to attend and point out to the VCA board the obvious disintegration of the VCA and the not too veiled agenda that Vision 2020 is the only real issue of this VCA board. The result of this meeting was the resignation of the President (Cynee Gillette -Wenner), Vice President(Corky Myers), and Secretary(Jillian Marohnic). At this point it is noteworthy to point out that: 1) In order to keep VCA alive after the Vision 2020 minority take-over, the VCA bylaws needed to be changed so that a quorum of board members could continue to vote. The board members reduced the number of required board members from nine to seven. There is an extreme aversion by community members to be associated with the VCA because of Vision 2020. 2) Membership drives for VCA by Meyers, at our weekly Volcano Farmers Market confirmed this perception with overwhelmingly negative feedback about joining VCA. 3) Most of the functions of VCA have been taken over by Cooper Center Council. Because of the lack of intere3: in VCA by community members, Cooper Center Council has taken over most what should have been the VCA's responsibility. 4) After the June meeting resignations, a total of 10 people attended the VCA board meeting in July, which included 3 board members, 3 VCA members, 4 non-members. I attended, am not a member because did not want my dues to be used to fund 2020 activities. 5) The remaining VCA board's main task for the near future is determining whether the VCA should be desolved. Please use caution when interpreting any opinion from representatives of Vision 2020. They do not represent the Volcano community. Vision 2020 is a leach upon this community and has not provided the kind of unbiased and inclusive representation that we expected. Thank you for your attention to this matter Sincerely, j6wAztc�.� Aee"'J, Kenneth T. Honma Mr. Christopher Yuen Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 "42 JUL 17 PM 1 43 GOUN T Y OF NN^JAN July 15'h,2002 I have lived in the Volcano area for two and a half years. I bought land and built a house. I did as much business as possible at the True Value Hardware store in Volcano. I would have done all of my business there if the True Value store could have supplied. It saved me many miles on my car by having a hardware store nearby. I support Maurice Thomas in all of his efforts to supply critical needs in a growing Volcano community. Sincerely, 2eWilkinson P.O. Box 142 Volcano, HI. 96785 Tel: 968-6494 0 Mr. Christopher J. Yuen, Director Planning Department County Of Hawaii 25 Aupuni Street Hilo, Hi. 96720 Dear Sir: 17 Ply 1 93 Pl ANNIN('-s DL!,-P;',P i HENT COUNTY OF We are submitting this letter on behalf of Maurice Thomas, owner of True Value Hardware located in Volcano, Hawaii. He has requested a change to Zone 806 and also wishes to change Tax Map Key # 19 4 portion of 14 from RS -20 and CV -20. These changes, if approved, would benefit many "do it yourselfers", along with contractors, handymen, and the Kilauea Military Camp, along with other local businesses. This would allow the hardware store in our area to stock lumber which we would normally have to dri-ve 60 miles round trip into Hilo to purchase. It is not always convenient to do so for our many retired, elderly residents, and many other individuals who are in the middle of a job, which may require a special trip to Hilo. Many times our weekly trip to Hilo requires so much shopping, that there is not enough room in the car to bring lumber to the Volcano. It would be great to be able to just make a "fast" trip to the Volcano Village to secure the lumber required for any job we are working on without another round trip into Hilo. Volcano Tme Value coming to our area has made living here so much more advantageous to the many residents. We humbly ask that you grant his request and we are in full support of same. Most sincerely, .,z� Georie IE Soper Patricia C. Soper P. O. Box 1199 Volcan•-). -Hi. 967S5 July 15, 2002 Melanie & Micky Bathe 11-3223 Pa Ali' i Street, RHE Box 1191, Volcano, M 96785 July 14, 2002 Mr. Christopher J. Yuen, Planning Director Planning Department County of Hawaii 25 Aupuni Street Ill>>o. Hi 96720 r ., „, -,1:2 ,!" 19 PM 2 94 FLANINI JNIG ` LENT COUNTF-,' OF In regards to: Maurice Thomas of Volcano, Hawaii, wishes to change TMK 1-9-4: portion of 14 from RS -20 to CV -'?n Dear Mr. Yuen, We are writing in support of two residents of Volcano, Jiranan & Maurice Thomas. They currently operate several businesses in Volcano Village that add not only convenience but also charm to our diverse and quaint community. We understand that there a re those in our community whom see their proposed venture, as a form of harassment by anticipating the worst conditions will result from their possible actions i.e., increased noise, more traffic, and we even heard rumors of fire concerns from neighbors. We do not agree with any of these people's viewpoints or concerns because they are not logical for the year 2002 and the future. Combined this couple has contributed to our community by providing much needed services within a three mile radius. The bottom line is there aren't any other hardware stores, or barbers closer then 20 miles, and no better Thai Restaurant for more then that. Each of their ventures is tasteful in atmosphere and landscape. We have more confidence in this couple and their request then those who oppose them in the community. We believe that they too do not want to ruin or take away from the Village environment and that they will concentrate their efforts on creating as tasteful an establishment as possible to serve the rural population. We hope that you will consider the Thomas's request for expansion and that it will inspire the facilitation of improving other services to the Upper Puna District. Thank you for your time and attention to this matter. Sincerely, Melanie U. Bathe Ricky A. Bathe Mr. Christopher J. Yuen, Director PL,ANINIt !G D—F'T,�1::NT Planning Departnient C:�UN i Y OF County of Hawaii all 25 upm .S4reet Hilo, Hi. 96720 We arc forwarding this on behalf of Maurice Thomas who is the proprietor of the Tru Valu Hard moi: Store in V olcana. H has stetted a re for to zoning change to Zone 806 and .also to change Tax Map Key # 194 portion of 14 from. KS -2€1 to CV 2.0. These changes are necessary to provide a growing infrastructure of businesses, Le.; Service Stations, Parks, Mediiccal Facilities Sures; Eating Establishments, Hardware Stores and Lw—ober Warehouses, in support of the growing community Qf VolcaRo_ This request, if approved, would provide a great support to all the handymen, co ac s, homew*mers, Kilauea: Military Cama and local busmesse& This would relieve therm from having to drive a 60 smile round trip to purchase their lumber supplies for their home pro fs and also save the: wear and teas° on their vehicles, plus prevent the lose of time (approx. 2 hours) required to go to Hilo and back. Having True Value Hardware Store in Volcano is truly a great advantage to the members bers of t community and ming the availability of lumber would be a positive plus for all. We sincerely request that this change for Maurice Thomas be granted and we fully sum his request - Sincerely, -Leonard D. Waters Dolly K. Waters P O Box 293 Volcan,a, IR 96795 July 15, 2002 �70 � j 119 Ms. Geraldine Giffin Planning Commission 101 Puahi St., Suite 3 Hilo, Hawaii 96720 SUBJECT: Request to amend Change of Zone No. 806 Applicant: Maurice Thomas Request: RS -20 to CV -20 Tax Map Key: 1-9-4; portion of 14 Dear Ms. Giffin: We are writing on behalf of Maurice Thomas who owns and operates True Value Hardware Store in Volcano. We are active volunteers, involved in many community activities in the Volcano area, and also own our home in Volcano. As is true in most communities, we have a small minority of very vocal self serving individuals who do their best to block all reasonable progress. It's too bad that these "What is it; I'm against it" are able to stonewall projects like this that would definitely be an asset to our Community. These selfish individuals wish to impose their life style on the rest of us who incidentally also pay taxes. These people have to realize that we live in a growing community as such needs are necessary infrastructure to handle this growth. And yes, this means Stores, Service Stations, Parks, Medical Facilities, Hardware Stores and Lumber Warehouses. In the process of remodeling and maintaining our home it has been very useful to be able to go around the corner to purchase necessary materials, without having to drive th distance to Hilo. As far as thugs go presently; if I need a piece of lumber or plywood; I have to drive a total of 60 miles round trip. This saves wear and tear on our vehicles and we are able to complete projects in a timely manner. It seems to be a big concern in Volcano to stop any type of expansion. As to the comments made in a letter to the editor by one of the decenters, about moving lumber trucks running through our beautiful forest roads, there won't be any more trucks than there are now based on the building job requirements in the Community. A lumber warehouse is not a manufacturing plant and we figure falls more into the category of commercial rather than industrial. We understand the property is zoned commercial. We hope and ask that your commission will respect the request of a life long member of the community who is a proven successfal entrepreneur and businessman and consider a change that would make it possible to purchase small amounts of lumber at True Value Hardware Store. by, - & Barbara "BT' Manke P. O. Box 851 Volcano, HI 96785 07/19/2002 11:56 806-967-594 JAMES BUSH PAGE 01 JAMES B. BUSH, JR. P.O. BOX 278 VOLCANO, HAWAII 96785 TELEPHONE 808-967-7218 FAX 808-967-7594 E-MAIL: lu&kaha@yahoo.com July 19, 2002 Mr. Christopher J. Yuen, Director planning ent Cody of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Mr. Yuen: "J 2 'jU! 19 Pfd 1 01 We are writing this letter on behalf of Maurice Thomas, the proprietor of Hawaii True Value Harft= Storc in Volcano. He has submitted a request for a zoning change to zone 806 and also to change the Tax Map Key # 194, portion of 14 fiom ISS -20 to CV -20. As 30 year residents of Volcano, we believe thes6 changes are necessary to provide an enhanced infiwtructure of businesses to service our Volcano Community. In paticular, we feel that approval of the zoning change under your review would provide valuable support and greater convenience for contractors, homeowners, Kilauea lblilita y Camp, and other local businesscs. A new lumber warehouse would relic-ve all of us in the community of the necessity of snaking a, 60 mile roundtrip to €Flo to purchase lumber for home and co rmcrciai projects. It would also save hours of time and funds spent paying contractors:for their time on the road. Having Hawaii Tree Value Store here in our Village to been, and is a wonderful benefit to our citizens. on average, we shop there several times a week. Mr. Tlmornas and his staff provide excellent personalized service and have a very complete stock. adding lumber inventory is a nararal extension of his service. His design for the lumber warehouse is very low impact and we believe that it would not in any way affect the beaaaty and quiet of our Village. We sincerely wge your approval of Ivy. Thomas' request for the benefit of all in Volcano. Mr. Christopher Yuen Planning Department ; � �?u D County of Hawaii -� v'L 2 2 , n 4 1 j 25 Aupuni Street PL,' N., „ -,— A` Hilo, Hi. 96720 CUUNTY" ! �' ENT Rear Mr. Yuen: We are writing this letter on behalf of Maurice Thomas, owner of 'True Value Hardware store located in Volcano, Hawaii. He has requested a change to Zone 806 and also wishes to change Tax Map key # 19 4 portion of 14 from PS -20 and CV -20. These changes, if approved, would benefit many, in Volcano, as well as the surrounding villages, ie., Glenwood, Mt. View, Pabala and even Naalehu. It would also serve to help many "do it yourselfers", contractors,handymen and other local businesses. It would allow our hardware store to stock lumber which we would normally have to drive 60 miles round trip into %filo to purchase. Many of us do not have cars or trucks that can handle the hauling of lumber. Therefore, it would be great to gust snake a "quick" trip to the Volcano Village to secure the lumber required. We ask you to grant Mr. Thomas his request as we are fully in support of having the priviledge of a Hardware store in Volcano. Sincerely, Dee Griep 7HuberE Griep P.O. Box 459 Volcano, Hi. 96785 July 17, 2002 July 17, 2002 Christopher Yuen, Director Planning Department , County of Hawaii 25 Aupun4 Street z `T Hilo, HI 9E6-720 Dear Mr. Yuen, CD T . Your understanding and support for the rezoning regue Aade- by Mr. Maurice Thomas of Volcano will have a very positive impAct for those of us. that live Dere. We need the convenience of -a -.lumber -warehouse, and all- it has tp offer, which is the intent of Mr. Thomas. Thank you for understanding this need in our community. sincerely, 0 "i v A, W O F F I C E J. RICHARD PETERSON H I L O L A W C E N T E R 77M0H0UL1 ST. #1001 HO, HAWAII 96720 ((' FAX 8- 908 �•6969�704a''L? U 2 f 2 25 FLS,,^!1�111,.;� July 23, 2002 y r- h y;► M7: Christopher Yuen Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: Volcano True Value Hardware Request for extension of commercial village zoning Dear Chris, I am writing this letter to support the request of Maurice Thomas to extend the commercial village zoning at Volcano True Value Hardware Store for a retail equipment rental and material warehouse. These additions will have virtually no visual impact on the community and will not upset the ambiance of the community. Maurice has been an asset to Volcano Village and he is well in tune to the nature and needs of the community. Over the years I have shopped at Volcano True Value, both for my home and office, and have come to know Maurice Thomas. I pleased with the service and am confident that a new addition to the existing facility would definitely benefit the Volcano Village community. Because of the isolated nature of the community, there is a need for the proposed services. I strongly urge the County to extend the commercial village zoning at Volcano True Value so it can supply services in this rural area. If you, or your staff, have any questions, please feel free to call me. Thank you for your time and consideration. Very truly yours, J. Richard Peterson Che i ;:;tuElhr r Yu(2rl r)irector PI -at inirig Hawai i County 25 Aupur,i St . Hi lu, Hi . 96720 Pear Mr. Yuen EMMETT CA ILL P.O. Box 807 Volcano, HI 96785 1l.L 1 �' L G, r l� C} Dept. ,,t+? 25 PM 12 46 PLI,t,1Nr4n1,('G D_=_rr�RTMEW Re: True Value Reguest GC)L A few years ago whrmy family was building in Kau one of tits things t:ha1: we faurid to 1-)t? : r mal pr obleut was hav irtcj to ,hake to 1 c, n g trip t(.) Hilo every t.1me we needed lumber. Somehow or other, even though we had carefully c�alcnlated how much we needed irk the way of board feet wc� too ofen ended up short. Which, of course, meant another trip to HPM for more of the same. It happened far too often. How c:onven.ient it would have been if our trip from Waiohinu could It -Ave been broken by a lumber supplier in Volcano! Even these days I frequently need a board or two whether it is to put � t __? =;11c-1 i of f;IX y railing or repciir a step. I must travel a rouli"l trip of about 70 utiles to get what I need in the way of lumber:,even Lhough it is small stuff. I was among those preserlt when Maurice Thomas gave his presentation to the community at Cooper. Center. I was most impresses] with the basic. information Mr.Thomas gave us, especially with plot plans and other helpful diagrams. I felt there was no opposition to hic:s proposal. 1Ie re~r;ponded quite lucidly to questions such as the size and vi-sibility of his lumber stack. I do not see i.t as being obtrusive from the street, no more than I see trucks causing a problem, with the few trips such vehicle would have Lo make. I think the screening, by bushes etc, will more than satisfactory as far as it being viewed froth the street. It: i:3 well wet back from his main store in such a main er. its Lo he qui.te remute from the street. In short, I was not only impressed by Mr. Thomas's pre:,entation but I feel his Member stack will be a great convenience riot only to the neighboring community but certainly to these who live in lower Kati, :uch as was true of me and my family whcen we built in Wa.i.c�hinLi, To those who may be naysayers (largely for reasons of alleged appearancu6) I feel the- reasons for providln(j such a convenience far outwel,g t the colicerns of how it, will caffeCL the aesthetics of Volcano Village. I do not consider i.t as objectiOliable,but rather as, art asset to the community and far beyond. I, atTiong rnarty oi.hers in this Car -flung c01111rlitriity, hope you in yc:ui- judgment, will. approve Mr.Thornas's request-.. Sincerely, ^? ?G July 1 s. 2002 TIOENT 0� H��:fJr,ll E::f. Mr. Christopher Yuen, Director Planning Department County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Mr. Yuen, Your understanding and support -for the -rezoning -request made. -by Mr. Maurice Thomas of Volcano will certainly have a very positive impact for ali_of_usthat live in.this-wontierfuLconun nity. We need( the convenience of a lumber warehouse, just as we needed and thankfully received, ,ti hardware store that Mr. Thomas has provided for us. please approve the rezonin req m -sr ma _ by Mr_Thomas' He is honestly looking out for the Volcano community and trying to fulfill its much--neededecess ies. Thank you for your understanding of the needs of our small community. Sincerely, � July 14, 2002 Dear - Ygen, {UL 26 PM PIJ^sNNIP\.J(-, D---I,PTMEUT Your understanding and support for the rezoning request made by Mr. Maurice Thomas of Volcano will certainly have a very positive impact for all of us that live In this wonderful community. We need the convenience of a lumber warehouse, just as we needed and thankfully received, a hardware store that Mr. °f sAtas provided -fog us. Tease approve the rezoning request made by Mr. Thomas. He is honestly looking out for the Volcano community and trying to fulfill fts- h -nee essities. Thank you for your understanding of the needs of our small community. Sincerely, bi kba�� p/,n Bdy q�q 0�� Mr. Christopher J. Yuen, Director Planning Department County of Hawaii 25 Aupuni Street Halo, Hawaii 96720 Dear Sar, July 25, 2002 � 2s °n I'm writing supporting the zone change of Mr. Maurice Thomas of Volcano. People up here doing their own Nindyman work :need a place that stores their material until they need to buy it. It's not a good idea to leave building material on a vacant lot as it may be taken. It's better to buy roofing or lumber as you build. Volcano True Value is the only store for many miles around. More homeowners are moving into the area and they appreciate not having to go to Hilo for their supplies. People from Pahala also find this store closer than any other they can get to. In conclusion, a growing community needs services like this to survive and prosper. I support Mr. Thomas's request to change TMK 1 -9 -4. -Portion of 14 from RS -20 to CV -20. Sincerely; Michael. R. Fuhrmarm P. O. Box 336 Volcano, HI 96785-0336 July 3 2, 2002 PUG Pfd 2 2 Mr, Christopher J. Yuen, Director PLANNING Dc::��'RTMENT Planning Department COUNTY OF MAVAIi County of Hawaii 25 Aupuni Street 11ilo, HI 96720 Subject: request to amend Change of Zone No. 806 Appllcant� Maurice Thomas Request, RS -20 to CV -20 Tait Map Key: 1-9A: portion of 14 Dear Mr. Yuen. I am writing on behalf of Nfaurice Thomas who is owner and proprietor of the True Value }.Hardware Store in Volo. These changes are necessary to provide a growing infrastructure of businesses as for B & t3, Eating Establishments, Medical Facilities, Parks, Service Stations, Stores. A Hardware Store and Lumber Warehouse will support the growing community of Volcano. This request., if approved, would provide a great supporT, to all the handymen, contractors, honacowner, Kilauea Military Camp and local businesses. This would relieve them from having to drive a 60 mile round trip to purchase their lumber supplies for their projects and also save the wwr and tear on their vehicles, plus prevent the lose of time (just about 2 hours) that is required to go to Hilo and back. Having a True Value Hardware Store in Volcano is truly a great advantage to the members of the community and adding are availability of lumber would be a positive plus for all. 2 sincerely request that this change for Maurice Thomas be granted and I fully support his request. Sincerely, Wanda Gardner P. O. 13ox 252 Volcano, H196785 T e • d eggs L.96 308 maNazivD-vaNOM wd zZ : T ® Now Z®- T z-inr 2,302 ro I PM I s0 July 16 2002 E3Lt,f�'jr4 NG &- '`'TMENT COUNTY OF, Mr. Christopher Yuen, Director Planning—Department County of Hawaii 2-5. Aupuni. Street Hilo, HI 96720 Dear Mr. Yuen, Lam writing to you to askfor your support for the rezoning requestmade by Mr. Maurice Thomas in Volcano. My understanding is that Mr. Thomas intends to add a lumber warehouse behicAhi&already exi tin �rctwa;re.store. I would appreciate the convenience of this additional establishment close to home. Hishardwares store has had such. a_positive_impactoo this -community, that I am -certain that a lumber warehouse would also. This- also will- help _thelocalcnonon y by increasing.opportunities_and- providing some jobs. Please apprave Mr— Thomas ° request. 1 l- _3-73Z# i 7*1i 5 r A44 vA14 4 &A eFS7*716.5 Voc-O-®, N / Mr. Chrrstpher Yuen Planning Deparment County of Hawaii 25 Atipuni Street Hilo, Hi. 96720 Reference: H.P.M. tntA 6-x'06°08' (rez 99 O16 % Tine Value tmk 1-9-M-014 ( rez 02-011 % Dear Mr. Yuen 2002 HUG S Ptd l 39 PLt,Y-JING, F'- , ; MENT COUNT( CF It's with great happiness and pleasure that 1 write to you, and the Gwnty Planning Commission. This letter a in support of Mawice Thomas ( True Value Hardware Store ) rrq=a extension of his commercial village rezoning in Volcano Village for a retail Equipment rental and enaterml storage warehorese. 1've just been through fflaimea Pillage where I drone past Hawaii Planing Mills (HPM) hardwire store, and matetlal storage area Such an auet HPM has been to Waimea Village ; servicing the public, working so hat to supply services in the rural areas True Falk, and HPI are setting the rural ambience for commercial buildings in Volcano, and IFaimea d pillage I remember in 1999 when HPAI needed an extension to their commercial village zoning in order to add an area for material storage, lumber and staging area for loading; unloading of trucks, and delivery vehicles to their hardware store in Waimea Fillage The rezoning approval by the Hawaii County of HPMcommercial village rezoning extension, so that retail lumber and material storage could be done out of a material storage staging area, has set a good precedent; and a good —,,,,wy to deal with subsequent similar areas; needing rezoning in the County. The County creeds to continue to adjust communt"nrng needs so that businesses can supply services to rural village areas that do not hate therm already. True Value Hardware Store in Folcano Village, like HPAI Hardware Store it APaimea Village, both set good examples of how Island family businesses both bring and give excellent services to rural village area, Thank you for the opportunity of sharing my views with you, and your staff' Your judgement can only be sound, and precise. Fery Sincerely, ;Z 7-502 HUG S Phi 1 3 PLANNING D^ ,F-7IMLNT COUNTY OF HA 4,J] AL Dear Volcano Resident, The lumber and equipment warehouses being proposed behind True Value Hardware Store will be as long as a football field and as tall as the covered. basketball court at Cooper Center. rDoDo want this type of industrial development in the heart of our community? want trucks moving lumber along Old Volcano Road on a regular basis? Do you want to set a precedent for future development that will be difficult to turn kound? y(C A. public hearing will be held on VS �� Thursday, August 15, 2002 at 11:00 am � c�� at the Hilo Lagoon Centre, Z Department of Liquor Control ?Meeting Room, 101 Aupuni Street, Room 23, Hilo, Hawaii The Planning Commission's decision will be based on what they hear-&om members of the community. Y rl , `� IVl Ca -5 � \ VL\-x'V Letters of concern can be addressed to: Chris Yuen, Planning Director 25 Aupuni Street, Hilo, HI 96720 ("A I � --7 �= C\I 'FIR HUG 6 Pn 1 2 PLAIJNING D= '-"RTMENT COUNTY OF H,",, VAI1 Dear Volcano Resident, The lumber and equipment warehouses being proposed behind True Value Hardware Store will be as long as a football field and as tall as the covered basketball court at Cooper Center. Do you want this type of industrial development in the heart of our community? Do you want trucks moving lumber along Old Volcano Road on a regular basis? Do you want to set a precedent for future development that will be difficult to turn around? A public hearing will be held on Thusday, August 15, 2002 at 11:00 a at the Hilo Lagoon Centre, Department of Liquor Control Meeting Room, 101 Aupuni Street, Room 23, Hilo, Hawaii The Planning Commission's decision will be based on whet they hear° ont members ofthe communitE. Utters of concern can be addressed to: Chris Yuen, Planning Director 25 A.upuni Street, Hilo, HI 96720 .T5- Au,,-- v L�� lef c 4c,�1 ( 0 0- �, r eVL C, I C, G� C7 G� L x( l �. Mr. Christopher J. Yuen, Director Planning Department County Of Hawaii 25 Aupuni St., Hilo, Hawaii 96720 SUBJECT; Request to change Zone No. 806 Dear Mr. Yuen, We are commuters between our Hilo home and our Log Cabin home on Haunani Road in the Volcano area. We are expressing our being in favor and support of Mr. Maurice Thomas' request to change Tax Map Key (3) 1-9-4 being a portion of 14 from RS -20 to CV -20. Being the proprietor of The Volcano True Value, we are giving him credit, for risking all that capital in putting a Lumber Section to his present store. That is, taking a gamble, this project will succeed. WE MUST SAY THIS IS DEFINITELY FORESIGHT!! We feel that this type of Lumber business is needed in this vicinity. It will be a valuable asset to this community. We, ourselves, patronize his store for various items when needing it immediately. We find his store very convenient, due to the high gasoline prices, and avoiding the 30 miles dirive to Hilo. By having lumber readily available, when an emergency arises, will save a lot of people having to make unnecessary trips to Hilo. We are urging you to consider his request, as a lot of the residents in this area, will benefit, by having a lumber outlet in the Volcano area. Thank you for your consideration. Yours very truly, i Elmer A. Vieira Charlotte Vieira 7 p/7 Z 01 POB 384 ,;y Volcano, W 96785 �� August 6, 2002 P` t 7 Mr. Chris Yuen, Director r' County of Hawai` i Planning Department Aupuni Street Hilo, HI 96720 Dear Mr. Yuen: On August 5, all boxholders in Volcano received an underhanded flyer from some unnamed "Concerned Volcano residents" which derided the proposed expansion at Volcano True Value Hardware. Its cowardly and uninformed spitef ilness made me angry enough to write this letter. Working-class residents of Volcano need a facility like the one proposed at True Value. It will save them (and the planet) untold gas consumption, just for starters. It will allow those of us who work a forty -hour week to use a piece of rental equipment for an entire day. As it is now, we must get to Hilo when the rental place opens, race back home, and then have to stop using the equipment so we can race back down to Hilo without incurring an additional day's rental fee. The lumber warehouse will allow us to finish our weekend projects even if we find we've sawed a couple of 2x4s too short. It will allow those of us without a truck to bring home a sheet of plywood by going slow on the back roads. People who can afford to hire someone to do everything for them might have another view, and they, I suspect, are the ones who oppose the True Value warehouse -----unlike people like me who cannot take time off to speak at your daytime hearing on August 15. Yes, Volcano people want to preserve its rural atmosphere. So do I. ghat they do not grasp is that Volcano can not stay rural when all the buildable lots are built on, even if everyone already living here can afford to buy the lots on both side of theirs. We need residential services and the jobs they provide if we aren't going to eventually require a four -lane highway into Hilo. The next six driveways bulldozed for subdivision flag lots will likely take down more trees than the proposed warehouse wall. I go on record here as supporting anyone who is willing to offer pharmaceutical, medical, banking or auto repair services in Volcano, and I want to see satellite County and State social service offices in Volcano as well. The best way to preserve Volcano's "village" atmosphere is to allow it to become a true village, one with its population's needs provided in Volcano, without making sixty -mile roundtrips to Hilo. Let me set you straight on something, The Volcano Vision 2020 is not supported by the majority of Volcano residents. Because the Volcano Community Association (VCA) has done nothing except the 2020 Plan for the last five -six years, its membership has dropped t¢om 553 members to about 60, and the organization is being disbanded for lack of interest. I was a VCA board member when the document was sent to the Planning Department, and I can tell you that it was not submitted to the board for approval before it was sent to the Planning Department, and some Volcano subdivisions notified the Planning Department that it was not approved by their membership. The 2020 endeavor, however well intentioned, systernatically eliminated views except those of its initiators, and it brought the VGA down from a vibrant organization which raised $42,000 in 1993 to one which no longer has a board member responsible for fund-raising. The so -calling surveys which purportedly gave 2020 its authority are among the most leading and least professional survey instruments I have ever seen. The comments I made on the survey were not included in the final report, which alleged to include all comments, and I -am aware of other people whose comments were omitted. (I can cite my professional experience in designing survey instruments for federal, regional, state and city authorities in Philadelphia, if you like.) I ask you to carefully consider the long-range detrimental effects of disallowing development of residential services in Volcano, and to approve the True Value warehouse project. Consider too that people from Mt. View to Pahala will benefit from its existence. �P,r-iscr�l�a ePuy PC Sox 611 Volcano, SII 96765 Chris Yuan Planning Director 25 Rupuni St. Hilo, III 1720 25 April 2002 Dear Chris Yuan: am writing to ask that you do not grant a permit to Maurice Thomas of Volcano for the lumberyard / warehouse that he proposes to build as an extension to his True Value hardware store on Old Volcano road in Volcano. The Volcano community has worked hard over the past years to document a vision for our community (see enclosed Vision 2020 summary) that sees us living and growing in harmony with the forest. We envision our commercial area to embrace small cottage industries that will have minimum impact on the appearance and feeling of the Volcano area. I don't think anyom can disagree that a 15000 sq fit lumber warehouse with parking lot on an acre of bulldozed native forest is in discord with the community vision. Not only will the loss of the trees and nestlings be a shame, but additionally unappealing is the noise it will generate, with the increase in large truck traffic through our streets, and the sounds of an operating lumberyard. Earlier this month see had a Volcano Community Association (VCR) meeting to discuss the lumberyard with Mr. Thomas, and I have enclosed the minutes so that you might. read some of the concerns expressed by our residents. You may notice that I am on the board of the VCA, so I would like to state now that this letter :is not written in my current capacity as Secretary of the board. am concerned that if this lumberyard is allowed, despite it being contrary to what we have laid down as our vision, that we will be hard-pressed to encourage community participation in future planning efforts, such as the Design Guidelines for Commercial Buildings that the VCA is working on next. remember seeing you at our Vision 2020 5 -Year Review in September 2001, so I know you realize the hope that our community has placed in this document as a guide to our future. Volcano is very dear to us and I am asking you to help us grow in a manner that does not destroy the qualities of the place that we love. .lillian Marohnic Enclosures (3) � 3 Volcano's Vision, as stated in the complete Vision 2020 document, and on the website of the Volcano Community Association http;//www.voicanovillage.nettvca VOLCANO VISION 2020 REVISION YEAR 2001 HISTORICALICULTURAL RESOURCES Goal 1: Create an inventory of features and Nems of historical and cultural importance to include but not be limited to sites, archaeological remains, homes and homesteads, trails, plants, interiors, photographs, letters, books, etc_: 1. Begin the process of photographing: and cataloging objects, sites, etc. of historical importance, respecting the wishes and property rights of individuals. 2. Collect the history, identify and work. to preserve any pre -European contact archaeological sites in the Volcano area. 3. Continue to record oral histories of Volcano residents and make transcriptions and/or cassettes available. 4. Sponsor seminars in recording oral histories, applying for historic landmark status, etc. and create a database of relevant information and forms. 5. Expand and maintain Volcano's historic building inventory. Goal 2. Educate the public about the items and features identified as being of historical and cultural importance, to perpetuate an appreciation of the special character of Volcano: 1. Consider publishing a survey of Volcano and its historical sites and structures. 2. Provide information booths at Community fairs and gatherings. Goal 3: Establish a community repository or museum to preserve the knowledge and artifacts of the area's human and natural history., 1. Establish a non-profit Volcano Historical Society to serve as the primary institution for the collection of historical artifacts and the creation of a museum. 2. Identify possible sites for a museunalrepository. 3. Encourage donations of artifacts etc. to the Historical Society for recording, preservation, and display. ECONOMIC INTERESTS Goal: Support economic activities that are well planned and that maintain the rural forested atmosphere that currently exists in the Volcano area -- I . rea°1. Plan for the development of small-scale enterprises that are consistent with our goal of seeing economic activities while preserving the current rural atmosphere and can be supported by appropriate infrastructure. Well-planned enterprises such as small cottage/home business which would have minimum impact upon the appearance of the Volcano area, agricultural operations, bed and breakfast businesses and eco -tourism, should be encouraged. 2. Develop and implement special Design Guidelines for all commercial buildings in Volcano Village. The guidelines should establish a consistent theme in keeping with the traditional character of the Village. 3. Guidelines should be for site preparation and access., landscaping, setbacks, parking areas, building design and height, materials, lighting, etc. 4. A Design Review Committee should be established to help implement these guidelines including at least one person with a design background, 5. Identify a preliminary commercial zone between Wright Road and the Post Office on the mauka side of Old Volcano Road, approximately five -hundred (500) kcet deep. 6. Reinforce the state buffer on Highvvuy 11 by restricting any new access onto this road in order to preserve a green belt. 7. Protect historic homes that remain is private residential use in the commercial zone from development pressures including increased assessments. 9. Consider the planning of commerci Wpedestnan cores in any of the Volcano area subdivisions as needed. NATURAL RESOURSES/NATURAL BEAUTYIENVIRONMENTAL QUALiTY Goal 1: Protect and conserve our natural resources and natural beauty from undue exploitation, encroachment and damage: 1. Develop methods to encourage the saving of the forest ecosystem including native trees and the native understory. 2. Preserve green spaces and wildlife corridors in future developments. 3. Encourage and streamline the process for the consolidation of lots. Discourage the subdivision of lots and ohana dwellings built on speculation. 4. Identify the major lava tube systems under the Volcano area and discourage the use of any of the tube system for disposing of wastewater including septic systems. 5. Educate property owners, renters, Realtors, heavy equipment operators, business owners and others about alternatives to practices that may be destructive to the natural resources, beauty or environmental quality of the Volcano area. Goal 2: Promote the prudent use and management of the Volcano area's unique, fragile and significant environmental and natural resources: 1. Support the increase in tax incentives to protect natural resources and native ecosystems. 2. Support equal tax assessments for 11 agriculturally -zoned parcels whether they are cleared for farming or forested. 3. Discourage the sub&.,ision or inappropriate commercial use of public lands. 4. Identify and protect exceptions' nazlve trees and/or plant and animal communities. 5. Develop programs, guided walks, ami written materials to increase lmowledge and appreciation of native ecosystems and features as well as threats to thein such as mosquitoes, invading alien species, etc. 6. Reproduce "Building in the Forest," "Controlling Noxious Weeds"' and similar pamphlets on identifying and growing native plants, and disseminate to community. 7. Inform lot owners about environmentally sensitive waste disposal systems that do not require large clearings. Goal 3: Maintain and improve the existing "Environmental Quality" of the Volcano area: 1. Encourage the consolidation and reduction of signage on roadways in the Volcano area, without compromising public safety. 2. Increase the availability and use of public transportation and develop community hiking/biking trails and lanes to curb unnecessary vehicle pollution. 3. Provide education about methods for reducing air pollution. 4. Encourage energy efficient building methods appropriate to the Volcano area climate. 5. Support the strengthening and enforcement of noise ordinances that would preserve the tranquility of the Volcano area including: disallowing the establishment or expansion of heliports; setting decibel standards and operational guidelines for existing helicopter services and other heavy equipment operators; encouraging control of loud animals, stereos and other nuisances; and developing an altitude and flight path system for aircraft which is consistent with designated land uses in the Volcano area. 6. Encourage the enforcement and, if necessary, the amendment of the current County lighting ordinance, which would include the shielding of light fixtures, would set responsible standards for maximum brightness, aiming, and hours of operation, and would discourage the proliferation of unnecessary and obtrusive light sources. Goal 4: Encourage pan`nerships among community stakeholders: 1. Develop community dialogue on issues that may affect Volcano's unique environment. 2. Encourage cooperative land -use development and management to protect native ecosystems. Goal 1: Provide for the recreational needs of people of all ages in the Volcano area: 1. Identify and support individuals, parents, teachers, coaches, and counselors to work with young people in the community. 2. Develop a multi -use Volcano -based transportation system that includes servicing the recreational needs of the community consistent with our Transportation Plan that calls for a reduction in automobile use and an increase in non -motorized means of transport. 3. Enhance recreational activities that integrate the Volcano community. 4. Monitor and address the recreatioryal needs of all subdivisions in the Volcano community. 5. Develop readily available and accessible recreational activities for the Volcano community. 6. Encourage more discussion, further study, and consensus -building regarding the Cooper Center Master Plan. Goal 2: Coordinate the efforts of various resident -groups in Volcano with existing public and private providers of recreational activities: 1. Work with the County Parks and Recreation Department to develop a consistent program of appropriate recreational activities, including those at Cooper Center, to complement existing classes, activities, etc. 2. Develop greater cooperation with Hawaii Volcanoes National Park, Kilauea Military Camp, Keakealani Outdoor Education Center, and Volcano Art Center to increase access to existing facilities and to maximize the use of them_ 3. Develop a 130E -VCA agreement which accommodates regular community use of Keakealani field. Agreement and schedule should be publicized. 4. Support educational programs ir. Hawaii Volcanoes National Park, the Pu'u Maka'ala Natural Area Reserve, and the Kahauale'a Natural Area Reserve to increase public awareness and appreciation for native ecosystems and their appropriate management. 5. Work with County, State, and Federal government agencies and private landowners to establish, maintain, and manage a system of hiking and biking trails. 6. Support the maintenance and n3gement of specific areas for recreational hunting purposes. PUBLIC SAFETY Goal: Encourage a responsible community where people of all ages feel safe: 1. Encourage all Volcano subdivision; to form Neighborhood Watch Programs with a Chairperson for each area who will supervise, pass out messages and I=p records; recruit Watch Coordinators for each road or section depending on the number of houses in the area; recruit Watch Captains for approximately every ten homes depending on the configuration of the area; develop a telephone tree so the police can get word out to the community rapidly, encourage the cooperation of "shut-ins". 2. Encourage the construction of a police substation as soon as possible, which would provide 24 hour coverage possibly with a bike detail. 3. Develop and implement a prevention program for youth at risk. 4. Provide conflict resolution through; community mediation services. 5. Develop a comprehensive disaster awareness program that will benefit all Volcano residents regardless of the disaster. TRANSPORTATION Goal 1: Decrease automobile use by encouraging people to move within tete Volcano community by walking or bicycling, while providing accessibility for the disabled whenever possible: 1. Design main thoroughfares, including Old Volcano Road, for shared use by bicyclists and pedestrians using appropriate traffic calming techniques including, but not limited to, speed limit reduction, and also by controlling plant overgrowth, and loose animals. 2. Encourage bicycle and pedestrian safety through public education. 3. Plan, when appropriate, for the crenation of future neighborhood commercial zones, allowing for the building of consensus in the neighborhoods involved. Goal 2: Establish a system of non -motorized multi -use trails that would connect Volcano neighborhoods, other communities, and provide access to the !National Park. 1. Expand cooperative efforts between Hawaii Volcanoes National Park and Volcano itself to develop a joint plan for multi- use trails. 2. Improve the existing trail into flit National Park from the mauka end of Old Volcano Road. 3. Explore creation of a trail from Old Volcano Road to the Golf Course subdivision to Mauna Loa Road and to Kipuka Puaulu. 4. Support development of the Volcano trail (originating in Volcano and potentially going to Hilo). Goal 3: Reduce the number of car trips within Volcano neighborhoods and between Volcano and other communities: 1. Expand Hele-On bus service. 2. Encourage bicycle carriers on bus. 3. Support jitney/taxi service within all Volcano neighborhoods and between all Volcano neighborhoods and other communities. 4. Support a "park and ride" program and networking service for carpooling. 5. Support home delivery services: postal, grocery, etc. 6. Support the development of jobs and services within Volcano neighborhoods. MEDICAL l ASSISTED LIVING Goal 1: Provide locally based medical care for the Volcano area: 1. Attract a family -practice physician and/or advanced nurse practitioner/mid-wife to serve residents of the Volcano area, based either at KMC and/or in the C --immunity. 2. Establish an Emergency Care Unit %rith an on-site ambulance as the population warrants. Support helicopter service for medical emergencies, 3. Provide home care and personal care services, including custodial caregiver programs, to community residents either through resources available in the Volcano area, or through information about and referral to other agencies for assistance. Goal 2: Establish a facility, financially accessible to all, which would enable Volcano's senior population to live with dignity and independence: 1. Support the creation of an Assisted Living Facility that will provide: a safe place for our frail elderly or those who no longer feel comfortable living alone; first response care, 24 hours a day with three meals a day, laundry and grooming shop; guidance on obtain. ng health equipment and appropriate personal and health care services; activities to meet socialization needs and wellness programs; quad transportation. DESIGN GUIDELINES Goal 1: Preserve the forested environment by reducing, or mitigating the amount of forest which would have to be removed for any development: 1. Encourage the sharing of access roads and parking especially for contiguous commercial development. 2. Explore ideas such as a transfer of parking requirements, which would allow businesses to avoid removing forest for parking by the establishment of a village parking lot on already cleared lots, appropriately located and designed. 3. Continue to lobby the County to defer enforcement of the requirements for curbs, gutters, and sidewalks. 4. Encourage the preservation of the native landscape and the replanting of unused or vacant cleared lands with native species. 5. Strongly encourage the utility companies to share the same poles to prevent the proliferation of overlapping pole lines; and encourage underground utilities wherever possible. 6. Encourage the installation of underground utilities in commercial corridors. 7. Work to enforce litter laws in the Volcano Community. Goal 2: Preserve the historic structures and, in future construction, the flavor and feel of the core area of the Village: 1. Encourage the establislunent of a nesv zoning category, "CR - Rural Commercial." to include an amended set of permissible uses, setbacks, minimum lot size,: etc. 2. Encourage the establishment of a; set of design guidelines for Rural Commercial, which would contain: restrictions on use, and stipulations for buffers, setbacks, lighting and building height; considerations of landscape elements, roof line, building materials, issues of compatibility ,,dth surrounding uses and structures, appearance, colors, etc. 3. Encourage the preparation of a design workbook for Rural Commercial zoning based on the existing structures in the Village to act as a guide for landscaping, site planning, designing and building commercial structures that would merely be suggestions of how structures could look in order to be well -integrated into the community; and the creation of a community design review committee, which would be available for consultations about the design guidelines. 4. Explore the creation of a Special Design District, which would set new standards in the commercial corridor. PUBLIC INFRASTRUCTURE Goal 1: Support the establishment of a public charter school in Volcano. Goal 2: Support the establishment of a permanent recycling facility at the solid waste transfer station. ,alcano Community Asscci, in Minutes 4 April 2442 Meeting called to order at 7:38pm. Meeting adjourned at 9:10p€zt. Board Members Present: 'Ron Sanford, Jillian Marohnic, Colleen Fuhrmann, Corky Myers, Michelle Sierra, Cheryl Gravela Board Members Absent, Cynee Wenner, Nona Wilson Community Members Present: Michael McKenney, Emmett Cahill, Maurice Thomas, Susan McCutcheon, Michael Linderman, Loma Jeyte, Tom Ikehara, Rick Rego, Bunter Beyer, Paul Fischer, Peter & Thea Serafin, Betsy:Mitchell, Diane Ware Committee Reoorts: Because of the Special Presentation, normal VCA business was deferred until the next meeting Special Presentation: Lumber Yarn! in Volcano: Uaurice Thomas presented his plans to the community for an extension of his True Value Hardware store on Old Volcano Road. Maurice showed a blueprint of the existing hardware store/restaura€}t/laundromaW, sitor's center, with the newly proposed lumber and equipment rental warehouse (50' Snide x 300' long). The plans for the new warehouse will require an extension of the commercial zoning of Mau;i's lot from the current front quarter to a little more than half the lot. The full lot extends from Old Volcano Road through to Kilauea Road. Maurice told meeting attendees that in 1995, when he was planning the hardware store, he had asked the County for the entire lot to be rezoned commercial. At that time the County said that they'd approve rezoning of the front quarter, and that he could come back later to get the commercial zoning extended. Now Maurice hopes to make his True Value a complete -service hardware store, with the addition of the warehouse. Maurice explained that the view of the warehouse from Old Volcano Road will be blocked by a 75' to 100' forested buffer, situated behind the reservoir. Additionally, there will be a 30' buffer between the warehouse and Kathleen Porter's lot, on which she has opened a wellness center. The adjoining lot on Maurice's other side, which is the side that will be dedicated to parking, will get a 5'-6' buffer. zhLl- Vakie d Lumber Yaril1Equi prAnRem# Pen 'TISd3 111111 IIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIII1111I 'r t l `J �,L ,� �' , � � rr, .tel Gam? s'� I'n r4. i. � Cil_ Irl e, i.� W-41 C, r i Hardware Store and Proposed Warehouse (rendering not exact) Maurice then opened the floor to questions. The following are paraphrased questions, answers, and comments: Acano Community Associ�L n Minutes 4 April 2002 coni... Q: Will there be access to the lumberyard from Kilauea Road? A: No. I have an agreement, signed with the County at the time of the initial rezoning, agreeing that I would never put in access from the Kilauea side. Q: 15,000 sq. ft. seems like a very large size for a warehouse. Is this a typical size? A: No, there is no "typical" size.. Many warehouses don't have equipment rental, and will have more lumber. The types of rental equipment I wiii have will be the smaller type — like leaf blowers. Q: How many parking spaces will there be? A: I have to provide 1 parkingspace for every 1000 sq. ft. dedicated to lumber, and 1 parking space for every 300 sq. ft. dedicated to equipment rental. iQ: In your blueprint you show 32 parking stalls in the back (by the new warehouse) and 20 in the front (at the existing store). Is this the amount of parking stalls you will have? A: The County is requiring 6 to 8 more stalls. I don't want to put in more stalls than the County requires. Q: What is the total proposed commercial area on your lot? A: 2.5 acres total commercial area. Q: What if there is a fire in the warehouse, with all that gas, lumber, and gas/oil mixtures. Will there be a sprinkler system? A: I'll install anything the County requires. Q: What is the capacity of your water holding area? Would you let your water be used in emergency situations? A: The reservoir holds 350,O00 gallons. I always have allowed my water to be used. Ranchers have come from Pahala to use my water in times of drought. I already have a 4" pipe coming out of the reservoir for the fire department to hook up to. Q: There will be about 2 acres of native forest taken out, right? A: No, about 1 acre. Q: How much outside lighting;will you have, and have you considered how this might affect your neighbor? A: I will have motion sensors on Kathleen Porter's side, so that lights are only on when something moves. I am happy with the motion sensors that I currently have. Other outside lights will be the low sodium vapor lights, because of the telescopes. I will have whatever the electrical engineer comes up with. I don't want to have more lighting than I need, because there's the electricity bill to consider. Q: What times of day will truck deliveries take place? A: Not past 5:30pm. There will be no more than 2 to 3 trucks per day, the size of Mr. Yamashiro's truck. Q: Will you put additional signs out front? A: No, there will be no additional signs. The warehouse is part of the True Value store, which already has a sign. Q: Can the Volcano community sustain such a large warehouse, or are you counting on drawing in customers from outlying areas' A: It's mainly for Volcano — it's not really a large warehouse, as far as warehouses go. Q: Have you talked to your neighbor about your plans? If so, what did she say? A: I notified Kathleen Porter of my plans before I presented them to the community. She was not opposed to my plans, but I am not saying that she supported them. Kathleen felt that, given the buffers, and the positioning of the warehouse toward the rear part of her lot, that she would not oppose it. Alcan® Community Assccia. a Minutes 4 April 2002 cont... Q: How could the County give a permit for a Wellness Center (at Kathleen Porter's) and then give a permit for an adjoining lumberyard? Won't the noise disturb her business? A: I don't think the sounds vll cant' to Kathleen's place. Q: When Loma Jeyte moved back the commercial line on her lot back in 1595, she had to map out the location of every major tree, :and show that the proposed buildings didn't impact on those trees. Why do those same requirements not apply to everyone? A: <No answer> Q: 'free buffers don't really block noise. Could you try to do something to block the noise, like an earth mound? A: Yes, when I bulldoze the lot, rather than removing the bulldozed earth, I can have it piled up to created a 6' high earth mound on Kathleen's side, in the area where the trucks will turn around. Q: Can you salvage any of the tree fems in the forest that will be bulldozed? A: Yes, I wi;l hand clear before the bulldozing and remove as much as possible. Q. What about a leach field for the bathrooms in the warehouse, isn't that required? A: The leach field for the bathrooms can go under the parking lot. Q: Are there any endangered plants or birds in the area you plan to bulldoze? Do you have to have an environmental impact statement? A: There is a Federal department that comes in and checks for those things before permitting the clearing. Q: What about the large storms that come through? What will be the effect of the drainage from your large parking lot? A: There will be dry wells installed in the back, like the ones I have in the front. The County requires that no water from within your property can drain into another's property. Q: What about the toxic odor put off by the treated lumber? What will you do about that? A: I haven't thought about it. Q: 1 understand that when you put up the hardware store, you provided no landscaping, and you had to be taken to arbitration to get you to landscape the front area. Is this true? A: No. Let me give you the history of the hardware store. If was built initially as a residence, so there was no restriction on the landscaping initially. When I turned it in to a hardware store, I complied with the landscaping requirements. Q: It will be assaulting to the eye to look in from Old Volcano Road and see the entire expanse of your parking lot, with all the multi colored cars. Could you block the view of the rear parking area by leaving a buffer of trees along the right side? A: Yes, I could do that. Comment: Maurice has always come before the community to present his projects, and all we do is pick at him, whereas others, like Kilauea General Store add on structures without permits, bulldoze property that's not theirs, and take down large trees, and no one says a word. We should be grateful to Maurice, and stop always attacking him. Comment: We shouldn't have to be grateful to commercial people for coming forward with their plans. invested a lot of time and money in making this community my home, and I expect to be asked before anyone makes major changes that effect my community. What about our Vision 2020 (Community Planning Document)? Is it meaningless? Comment: We in the community can use our business clout to influence businesses. Information -a,icano Community Associ& Minutes 4 April 2002 cont... coming through the VCA helps the community decide whose business to frequent. If Maurice hadn't come forward with his plans, he wouldn't have my business. Q: Does community approvalldisapproval sway the County's opinion? A (from VCA board): When a business asks for a permit, the County sends a letter to the VCA asking for comments. In the past the VCA wrote letters asking the County not to impose sidewalks, gutters, and curbs on Maurice for his hardware store, in order to maintain the desired look of Volcano. This worked the requirements were waived_ flew Business: Bulldozing at Kilauea General Store: During the presentation, there were sideline discussions about the goings-on at the Volcano Store, with the bulldozing of the neighboring lot, and at Kilauea General Store, with the bulldozing behind the store. Several people indicated that they would write letters to Chris Yuen, the Director of Planning., asking for an investigation of the bulldozing at Kilauea General Store, which is proported to have taken place without a permit, and to have encroached on land not belonging to the store. Community members are upset because of the large Qhia trees said to have been taken down during this unpermitted bulldozing. The VCA board was asked to write a letter to the Tripps, asking them to address the community at a future VCA meeting, to talk about their plans for the Kilauea General Store. April 15, 2002 Chris Yuen, Director Hawaii County Planning Department Hawaii County Building 25 Aupuni Street, Room 109 Hilo, HI 96720 Re: Proposed expansion of Maurice Thomas' Hawaii Trite Value business in Volcano Village TMK 3/1-9-04:04 Aloha Mr. Yuen, Please deny permission for this expansion. I question the appropriateness of any industrial use in a small, forested, residential village in a rural setting adjacent to a major National Park. What kind of precedent is this setting for the ffiture development in Volcano? Does the community -- or the County, for that matter -- find it appropriate to allow big tractor trailer -type trucks to deliver lumber off of Old Volcano Road, the "living room" to this little community which has developed a thriving visitor cottage industry of B&B's and now a wellness center, which the County Planning Commission has already permitted on the property adjoining Mr. Thomas'. In my mind, Industrial and Wellness activities are mutually exclusive. Mr. Thomas has stated that his 300 -foot -long limber warehouse would be further back from the road than the wellness center facility and has proposed to leave areas of vegetation or build berms to block noise and visual disturbances. However, a lumber warehouse would produce an abundance of noise, with forklifts' and large delivery trucks' engines and backup alarms going frequently, engine exhaust fumes blowing, with the prevailing tradewinds, right over to the wellness center, which will be southwest of the proposed warehouse on the adjacent lot, noises and fumes which could be a disturbance to people having massage and acupuncture treatments, as well as people in yoga classes. Additionally, the equipment rental portion of the proposed business will also produce noise and fumes, as tools and machines are tested and repaired and customers' vehicles come and go. To say Yes to a =wellness center is to say No to industrial development. The Planning Commission has set the precedent, which is the first point of this letter. It has permitted Volcano Village, through this particular wellness center, to participate in the Healing Island concept. That concept does include a diversified, sustainable economy, which, it could be argued, might include a lumber warehouse and certainly does not preclude a business such as the existing hardware store, but the scale of the proposed expansion is not in keeping with existing development. The Healing Island concept also includes sensitivity to the past and cultural preservation, and it's true that, in the past, the forests in Volcano Village were logged, but evidence of that has been obscured by the native forest which has, for the most part, reestablished itself, so I would say that's not a viable aspect of Volcano's past to be preserved. I would draw your attention to the final aspect of the Healing Island concept, which is environmental stewardship. Environmental stewardship would preclude the kind of clear cutting required to build such an ambitious project. Planning willynilly, by allowing mutually exclusive activities on adjacent properties, is not good planning. Since the precedent of a wellness center has .. ,r 4-?' "o A. Ray to C.Yuen 4/15/0 2 been set, more low-key, quiet activities should be encouraged, rather than industrial ones. A second reason to deny permission for this particular expansion is that Volcano's Vision 2020 had small home -business in mind for the growth of the economic life of the village, including that along the commercial corridor of Old Volcano Road. The current mom -and -pop -style stores, including Mr. Thomas' hardware store, are still in keeping with that vision. This proposed expansion is not what the Volcano Village residents and Vision 2020 participants had in mind. A 300 -foot -long lumber warehouse and equipment rental business belong in Shipman industrial area. In fact, there are already such businesses down there, in an area thoroughly cleared of native forest. `'Which brings me to the third reason for requesting that you deny permission to Mr, Thomas to expand his business in this way. What people who live in Volcano love about it is the forest. That's what makes Volcano unique. And quiet. That's why this area was designated both an International Biosphere Reserve and a World Heritage Site. That's what contributes to our clean air. Volcano is largely covered with trees and populated, on the whole, by people who live here because it's heavily forested. Even in leaving vegetation buffers, this proposed expansion'"Tould clear a lot of native forest. Volcano Village's papulation as grown considerably since I moved here in the mid '80s. 'fhere are many more people now than there were then, but the area is still heavily forested because the people who have developed their individually owned lots have been thoughtful, on the whole, about clearing the areas needed to build their homes. This proposed expansion would clear a large area of native forest to benefit one family, removing far more forest than one family would normally need for a home and home business. Mr. Thomas will no doubt argue that his business expansion will benefit the public. I would assert that the lumber buying public can drive nineteen miles to Shipman Industrial to pick up such products, or have them delivered. Indeed, several local builders have questioned the efficacy of such a business here in Volcano. Not every community needs to have its own lumber yard in order to be self-sustaining. M. Thomas may say that he has outgrown his existing space. I would counter with this: if we keep allowing more and more expansion, eventually there will be no more forests. Growth and expansion are not inevitable for either a healthy ecosystem or or a healthy economy. Indeed, we can and should say "enough." Our planet may already have exceeded its carrying capacity, due to human overpopulation and its resultant problems. I'd like to see Volcano Village stop well short of build -out and encourage small home businesses in the forest, which have a positive influence on the financial well-being of the area and minimal negative impact on its ecosystem. Thank you for your time. Mahalo a nui, Jr�� Allison Ray P.O. Box 870 Volcano, Hawaii 96785-0870 M P.O. Box 1164 Volcano, HI 96718 13 May 2002 Chris Yuen Planning Director 25 Aupum Street Hilo, HI 96720 Dear Chris Yuen: I am writing in response to Maurice Thomas's application to expand his True Value Hardware on Old Volcano Road, Volcano, to make room for a frill -service lumberyard. The development would necessitate the removal of approximately 1 acre of native ohia-dominated rainforest. As a concerned citizen of Volcano, I must oppose the proposed development on aesthetic and ecological grounds. Although I am employed as a professional ornithologist, I write the following letter in my role as a resident of Volcano Village and private citizen only. The views expressed in this letter are in no way representative of those of my employer or colleagues. The native forest on the property in question is dominated by native ohia (Metrocideros polymorpha) and harbors many species of native plants and 3 species of native birds, Omao (Myadestes obscurus), Apapane (Himatione sanguinea), and Elepaio (Chasiempis sandwichensis). Omao were formerly wide- spread on Hawaii, with populations extending around the island to the Kohala and Hualalai volcanoes. They have since disappeared from many areas and occupy only 30% of their former habitat. Omao are a solitary, sedentary species that rely up ohia-dominated native forest and fruit -bearing native plants (olapa, akala, ohelo, and others) to nest and feed their young'. Apapane, with their crimson plumage, and black wings and tail, are the most native bird in Hawaii and are recognized and loved by many. However, Apapane are susceptible to predation from introduced cats and rats, to mortality from introduced avian malaria, and are dependant upon ohia blossoms as their main source of nectar 2. The third native species, Elepaio, is mostly restricted to high -elevation rainforest habitat, but it does inhabit the unbroken forest in the heart of Volcano Village between Maurice's property and Cimbidium Acres in small numbers (personal observation). The Elepaio is taxonomically unique among the Hawaiian avifauna and is quite curious. approaching hikers or bird watchers closely to get a better look, and is said to have guided native Hawaiian canoe -makers to the best koa trees. Unfortunately, Elepaio are rare in mid -elevation forests, perhaps due to the devastating effects of mosquito -borne avian malaria at these elevations, and are not found around human habitation or development. The building of the full-service lumberyard on Maurice's property would not only remove an acre of forest, but more importantly will decrease the ecological integrity of the remaining rainforest. The development would also impact the native plants and animals on surrounding properties by further fragmenting the remaining rainforest, creating more "edge" habitat than before. Fragmentation and associated "edge -effects" have been shown through scientific study to have a wide variety of impacts on the remaining forest.; Among other things, fragmentation increases predation rates on birds in affected forest by allowing easier access by predatory animals4(in Hawaii, these are cats, rats, and mongoose). 44 Fragmentation also changes the microclimate of adjacent forest (temperature, sunlight, and moisture in the understory), altering growing regimes for plants and suitability of nesting sites 3,5. The opening helps spread weeds into the forest; already tibuchina and other species are invading the present development and getting a foothold in what was once pristine native forest. Finally, the creation of open, nutrient water catchment areas increases breeding habitat for mosquitos, which are both a public nuisance and a vector for avian malaria, furthcr impacting birds in surrounding forest. Therefore, the alterations that Maurice makes to his property are not limited to his property only, but can be expected to impact the integrity and quality of the forest on his neighbors' properties as well. The loss of native rainforest in and around Volcano is an incremental process; each development removes a little more forest, a few more fruiting olapa, a few more elepaio nest -sites, and furthermore alters the quality t -,f remaining forest. A frill -service lumberyard would benefit relatively few people in Volcano, provides no services that are not readily available within a 30 -mile radius, and impacts the quality of life for ali. As a resident of Volcano Village, I must oppose the expansion of True Value Hardware on aesthetic and ecological grounds. Thank you for your consideration of these matters, C y � Bethany Woodworth, Ph.D. 'Ralph, C.J. and S. G. Fancy. 1994. Demography and movements of the Omao (Myadestes obscurus). Condor 96:503-511. 'Ralph, C.J. and S. G. Fancy. 1995. Demography and movements of Apapane and Iiwi in Hawaii. Condor 97:729-742. 3Harris, L. D. 1984. The Fragmented Forest. University of Chicago Press, Chicago 4Robinson, S. K., F. R. Thompson III, T. M. Donovan, D. R. Whitehead, and J. Faaborg. 1995. Regional forest fragmentation and the nesting success of migratory birds. Science 267:1987-1990. 5Lovejoy, T.E., et al. 1986. Edge and other c fects of isolation on amazon forest fragments. Pp 257-285 In Conservation Biology: The Science of Scarcity and Diversity. Sinauer Assoc., Inc., Sunderland, MA. Suzan Starr P.O. Box 301 Volcano, Hawai'i 36720 June 15, 2002 Mr. Chris Yuen L County of Flawai'i Planning Department 25 Aupuni St. Hilo, Hwvvai'i 90720 Dear Mr. Yuen, I am writing to you in protest of the proposed Lumber Yard and Lumber Containing, Structure which has been submitted to you by the owners of theme -Hardware Franchise in Volcano Village, Flawai'i. In urban and rural planning there are set aside industrial parks for such a structure. Volcano Village's 2020 plan envisioned a commercial area for restaurants and shops which is appropriate for a commercial area. The plan did not call for an industrial park to be set up in the heart of the Village vvhich is essentially a residential area of retired people, families, proprietors of restaurants, bed and breakfast accommodations, vacation rentals, park service people, artists, and :people involved with the healing arts. The village is well known for its beautiful and quaint ambiance and it's attraction to visitors who seek a natural setting to enjoy. A setting which offers peace and relaxation. To impose an industrial structure in this setting is completely contradictory to the 2020 plan. Essentially such a structure would be harmful to the village ambiance and it's attraction to our tourist visitors and would have a negative impact to the area both esthetically and financially. It completely takes me off my feet when I think of Lumber trucks hauling lumber down our beautiful forest roads on a daily basis. The peacefulness of which I am entitled to as a landowner would be completely disrupted. It was the attraction of the natural setting of Volcano Village which made me decide to purchase land and build my home. When my home was built, the lumber was delivered by HPM. There was no inconvenience on the part of my builders in having the lumber delivered from Milo. It was the expected norm. For those of us who choose to live 30 miles away from a city, we realize, that this is a life style choice. When we drive to town for the things we need, we plan our travel and time accordingly. To set up an industrial park structure which is proposed by the above mentioned parties in the heart of Volcano Village in an area as described as above, is essentially poor planning, and, essentially, unheard of when planning councils set aside areas for commercial development as well as industrial parks. Pg. 2 Starr, Lumber Yard Protest Volcano Village 6/15/02 We are all aware that the present zoning is residential. And we are all aware of the proposed 2020 plan. Please respect our vision as such. There as abso_IUtely no vision for industrial park : ctuP•L� jg te placed in the heart of Volcano Vllg el l hope that this is completely evident to your planning board and trust that this above structure will not be allowed to be placed in our beloved Volcano Village. I am also aware of the coercive and fraudulent letter which was sent to you by the owners of the above Franchise which stated that the Volcano Community Council was in favor of the above structure, wh.€jQh is not true !! Based on s ch b h vior he pl.ana for the abQvestructure sh uld LQ immediate! disallowedl Sincerely,Al -_J_�_------ �— Suzan Starr Eyroperty and Residential Owner Volcano Village, Hawaii cc: The honorable Mayor harry Kim &VAMLL IN % 268 July 15, 2002 Chris Yuen, County Manning Director Planning rept.. County of Hawaii 25 Aupuni St. Hilo, HI 95720 VOLCMO, HI 96%5 �081 995-743443 U1 17 OM PLANNING HP47MENT �OUIN OF H^/All re: Application of Maurice Thomas for rezoning of real Property in Volcano for Lumberyard Dear Mr. Yuen, My name is Wendell Ing, and I own a parcel adjacent to the property in question. I would like to express qty opinion on the subject of this rezoning request. I aim a music teacher at Milo Nigh. appreciate the natural beauty:; peace and quiet of Volcano Village. When I am at home I am most often doing recording projects which requires quiet surroundings. These qualities currently exist in our living situation in the Village. At the outset, I would like to make it clear that I have no objection to the current uses of the property, as a hardware store, laundroimat, and restaurant. As currently constituted, :such uses are nw, overly noisy and fit into the Village Commercial category which Vision 20/20 endorsed for the subject area. I personally have shopped at the hardware store, used the laundromat and enjoyed many fine meals in the restaurant. However, I cannot support a large lumberyard, etc., in this central area of Volcano. I am not against reasonable commercial development in this area which is compatible with the residentially - zoned properties next to it, such as mine. However, I am against granting of permits for activities which are essentially light industrial or heavy industrial uses, or uses which would create a significant higher noise, air or environmental pollution level on a regular basis. I believe that a large lumberyard and equipment recital facility, even if enclosed, would generate a significant additional source of noise pollution.. I anticipate that even after the necessarily noisy construction period, significant sound pollution would continue to always exist --from the heavy trucks hauling lumber, sawing of the lumber, moving of equipment and other associated machinery operations. This would be a significant adverse effect on my quiet recording activities, and on the quiet activities of the Wellspring `toga & Wellness Center and Volcano Country Cottages S & S which is also adjacent to the Thomas property. believe such activities are more appropriate elsewhere in the greater Volcano area. In Hilo, such lumberyards, etc., are situated in the industrial area on the outskirts of town.) also note that the community's Volcano Vision 20/20 plan contains reasonable design and zoning guidelines for the future growth of Volcano in a positive fashion. That plan does not support uses which resemble light industrial or heavy industrial ones, in the middle of Volcano Village. If there are any questions, please feel free to contact me. Sinc e Wende ng All 17 PM 1 93 July 10, 2002 PI_.,`r,!�,!1[,!r; D_-j�,F-,,TPAIENT (,&ji^NT'r" I IIAif Dear Chris Yuen, Just last week, I spent a memorable two days as a tourist in the charming Village of Volcano. It is a peaceful little place, nestled against a stunning and lush backdrop. Volcano offers a delightful escape from the hustle and bustle of city life. We tourists come here to explore its natural wonders and to revitalize in its beauty and quiet. I was horrified to learn that this tranquility might soon be replaced by the industrial sounds of a hunber yard. Such a business will take away from both tourists and residents the wonderful serenity of this special place. Lumber trucks will pollute the aiT, shatter the quiet, frighten the wildlife, and crowd the streets. Certainly, the building needs of the area appear to have been met by simply trucking in supplies from. Hilo. It makes no sense to drop this lumber business into a village that is basically residential, sprinkled with small restaurants, bed and breakfasts, and a wellness clinic that helps people deal with pain and stress. I urge you to carefully consider the appropriateness of this lumber yard in Volcano. Please remember the importance of preserving Volcano's magnificent natural beauty and charm, so that it can be enjoyed now and protected for the future. Sincerely, Helen Wooldridge Mountain View, California 02I�IQI-' Emma & Tom McAlexander P. 0. Roz W2, Volcano, HI 96785 (808) 985-7192 August 2, 2002 Chris Yuen, Planning Director Hawaii County 25 Aupuni Street Hilo, HI 96720 Dear Mr. Yuen: J .T1,1 i�JT C'OUNI L'i` -�IiVA!! We would like to go on record as being opposed to the proposed lumber and equipment warehouse behind True Value Hardware Store in Volcano Village for the following reasons: 1. It would destroy a substantial part of our already diminishing rain forest; 2. It would be a detriment to the quaintness and residential/ small-business nature of the Village by making a large area of the Village, in essence, an industrial park; 3. It would be harmful to the nearby bed and breakfast establishments, again by diminishing the quaintness of the Village as well as the increased activity in the area and the noise of the equipment used in its daily activities; 4. It would increase the large truck and heavy equipment traffic on Old Volcano Highway, which is not suitable for such traffic; and 5. It would set a precedent that could come back to haunt us in the future, turning our peaceful Village into a common industrial area. We ask that you please consider the unique nature of Volcano Village before making a decision that would destroy the attraction that brought so many of us here. Sincerely yours, _4ta Emma McAlexander Tom McAlexander Dear Volcano Resident, n62 ri G 5 Pf1 1 35 PLANNING D�°APTMENT GOUN-FY OF '"a;-vaIi AL The .lumber and equipment warehouses being proposed behind True Value Hardware Store will be as long as a football field and as tall as the covered basketball court at Cooper Center. FV '-' Do you want this type of industrial development in the heart of our community? IV d Do you want trucks moving lumber along Old Volcano Road on a regular basis? A10 Do you want to set a precedent for future development that will be difficult to turn around? A public hearing will be held. on Thursday, August 15, 2002 at 11:00 am at the Hilo Lagoon Centre, Department of Liquor Control Meeting Room, 101 Aupuni Street, Room 23, Hilo, Hawaii The Planning Commission's decision will be based on what they hear -&om members of the communiT. Letters of concern can be addressed to: Chris Yuen, Planning Director, 25 Aupuni Street, Hilo, M 96720 Director County Planning Department 4101 Pauahi St. Suite 3 H to HI 96720 Subject: Rezoning request Maurice Thomas T AK: 3/1-9-04:014 Gentlemen: %RC2 h U G 6 9 PLAVN''1N a DE` �IVENT C;6UN i 1 0" AM Aug 4, 2002 Information on the subject request was received on July 22, 2002. Since vete will be off island on the day of the hearing (August 15, 2002) these comments reflect the feelings of the owners regarding the rezoning request. Since our property is just 2 parcels away from the TMK in question, and since the proposed variance request directly effects the view from our parcel,.we roust voice our objection to further commercializing TINiK: 3/1-9-04:014 any more than it already is. With a hardware store, a restaurant, laundry, lumber supply and a barber already on the premise, we see no need to further extend the commercial use of a residential zoned lot. Please deny the Maurice Thomas request to re -zone another 1.416 acres of TMK: 3/1-9-04:014. If we were in attendance on August 15"' you would hear us voice the above objection loud and clear. Sin h E. rk, r. anaging ovvmer R.K. Riggs Enc: Cc: RKR File SidneyF. !G -Ci Pauant S,,ee!, 212 - 4dc, Hawaii 96720 -- • _' —eleP-%ne ;8081 969."522 • Faz 16081 969-7996 July 19, 2002 Surrounding property Owners "lr ,. � �-� �.:=�,,� �,.�- -��, � tom. ►� 1 Sidney l°uke, Planning Consultant Notice of Submittal of Application and Planning Commission Hearing County Rezoning Request (RS -20 to CV -20) Maurice Thomas, TMK: 3/1-9-04: 014 (portion) Tease be informed that on or about May 15, 2002, Maurice Thomas, through this office, filed an application with the Manning Department to Mone a 1.418 -acre area of a 5.44 - ace parcel from the County Residential (RS -20) to Village -Commercial (CV -20) district - The subject area is located, In the back of the e)isbng hardware and garden store in Volcano Village. More specifically, the site is located on the northwest or eureka side of the Cld Volcano Highway, approximately midway of the 27 and 28 mile markers, between !Wright and Haunani Roads. (See attached map). If approved, the request would enable the applicant to expand his existing 1.416- acre commercial area, snaking the total commercial zone 2,858 acres. The remaining 2.582 - acre area would be left in Its natural state. The applicant hopes to construct structures to provide storage facility for building and agricultural! material, as well as an equipment rental area. A portion of the existing vegetation will to retained along the edges of the property line to se.ve as taping and buffer. (See attached site plan). The Planning Commission will hold a public hearing on this, among others, application beginning at 11:00 a.m. on 7hursday, August 15, 2002, in tate Hilo Lagoon Centre, Department of liquor Control Meeting Room, 101 Aupuni Stmt, Room 230, Hilo, Hemaii. This notice is being seat in accordance with the County Zoning Code which requires notification of the submftl date and the upcoming hearing on this application to surrounding property owners within 300 feet of the perimeter boundary of the subject property. The application is available for review at the County Planning Cepartrrient, 25 Aupuni Stmt, Hilo, Hl 96720 or et?h Kona office in Kailua located 75-5706 Kuakini Highway, Su to 108. Should you have any questions on this matter, please feel free to contact Sidney Fuke of this office at 969-1522 or the County Planning Department at P1-8288 or 327-3510. Thank you very much. - Enclosures Co wl 0 I t f � [ 2 'a» • i' i r'. — Figure 1— re: True Value request to build a lumbe "gid in Volcano village. .-HO2 H"�,G 6 PM 1 21 PLf �Nl' D=-aI;TMENT C;UUf`J 1 C Ha1rJ�i! Chris Yuen Planning Dire ct o" 2.5 Aupuni Street Hilo, HI 36720 P.O.Box 788 Volcano, HI 9+785 August 2, 2002 Dear Chris Yuen: I strongly object to a large lumberyard/warehouse in the center of our pretty village. HPM has always done an excellent job of delivering building materials up here, at reasonable prices. True—Value does not need to butt in. We have become accustomed (resigned?) to the hardware store and its many adjuncts and expansions, but a large unnecessary lumberyard is going much too far. Please deny this ugly plan. Thank you. Sincerely, Helen 3evens 3o7 --816e SidneyFuke, f ,ling Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 Telephone: (808) 969-1522 - Fax: (808) 969-7996 August 2, 2002 7002 AUG 5 PM 1 39 Mr. Christopher Yuen, Director PLANNING DEPARTMENT Planning Department COUNTY OF H.AVJAIL COUNTY OF HAWAII & 101 Pauahi Street Hilo, HI 96720 Bear Mr. Yuen: Subject; Rezoning Request (REZ 02-€911) a- Maurice `Phomas RS -20 to CV -20, `1'11W: 1-9-04: ]portion of 14 • Planning • Variance • Zoning • Subdivision • Lana Use Permits • Environmental Reports Thank you for providing me with a copy of public comments to date regarding the subject matter. I have had an opportunity to share them with the applicant and also had a meeting with Ms. Kathleen Porter, an adjoining property owner. Although the concerns appear to be directed at the project's consistency with the evolving Vision 2020 Plan, aesthetics, and area's ecology, we would like to use this means to address potential impacts to the adjoining property owner. We would like to initially note that, if approved, the proposed expansion will be used to provide much needed storage space for the applicant's garden supply shop. According to the applicant; at this time, supplies are now being stored in a container(s) (1,500 square feet) on the sabject site; at his home (1,500 square feet); and within the store (2,000 square feet), =>�.<hich thus limits his retail display area. Thus, the proposed 15,000 square foot structures would be able to accommodate a) his existing storage needs (4,500 square feet); b) future storage and office needs (7,500 square feet); and an equipment rental area (3,000 square feet). Notwithstanding the above, the applicant is aware that the construction and operation of this new structures may generate some impacts to the adjoining neighbor. In that regard, the applicant is willing to abide by the following restrictions: During the construction phase of this project, the use of heavy equipment and machinery would be limited between the hours of 9:00 a.m. to 5:00 p.m., daily, except Sunday. 2. The operation of all activities within the proposed rezoning area would be limited to 8:00 a.m. to 5:00 p.m., daily. There will be no early morning or late afternoon activities. Access to the subject area would be situated at the northeast (Hilo -side) of the project. -A i EXHIBITL- Mr. Christopher Yuen August 2, 2002 Page 2 4. There would be an 80 -foot wide natural buffer between the existing reservoir and the proposed structure; a 20 -foot natural buffer between the subject site and the adjoining property (TMK: 1-9-04: 15) and the rear boundary of the requested rezoning area; and a 10 -foot wide natural buffer along the northeast side of the subject site. 5. Heat, instead of motion, sensors shall be used for security lights. The applicant believes that these conditions would alleviate some of the concerns of the neighbor. The buffers would provide a visual screen as well as help to muffle potential noise and light from the project. The buffers along the Hilo -side as well as between the reservoir and the new structure(s) should help minimize the visual impact of the structures and/or improvements. The use of the heat sensor — which is now being used for the existing establishment — should also help minimize unintended lighting, I trust that you find the information contained herein of some help in your evaluation of this project. If not or if you have further questions on this matter, please feel free to contact me. Thank you very much. incerely, t, qk, NE M. PUKE Planning Consultant Copy — Mr. Maurice Thomas Ms. Kathleen Porter PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT October 18, 2002 A regularly advertised public hearing on MAURICE THOMAS (REZ 02-011) was called to order at 5:40 p.m. in the County Building, Councilroom-Room 201, 25 Aupuni Street, Hilo, Hawaii, with Chairperson Geraldine Giffin presiding. PRESENT: Geraldine M. Giffin ABSENT & EXCUSED: Fred Galdones Earl Fujilbawa Florence Kubota Jeffrey McCall Aurelio C. Mina, Jr. Francis Smith Hannah Springer Grant Togashi Ivan Torigoe, Deputy Corporation Counsel Roy Takemoto, Deputy Planning Director Alice Kawaha, Staff Planner Esther Imamura, Staff Planner Glenn Ahuna representing Department of Water Supply And approximately 30 people from the public in attendance. APPLICANT: MAURICE THOMAS (REZ 02-011) — Continued hearing on the application for a Change of Zone by changing the district classification from Single Family Residential (RS -20) to Village Commercial (CV -20) for approximately 1.416 acres of land. The property is the site of the existing True Value Hardware Store in the Ola'a Summer Lots, along and on the northwest side (mauka) of Old Volcano Road in Volcano Village, Puna, Hawaii, TMK: 1-9-4:Portion of 14. GIFFIN: I'd like to call the meeting of the Hawaii County Planning Commission back to order. The next agenda item is a continued hearing on the application for a Change of Zone by changing the district classification from Single Family Residential (RS -20) to Village Commercial (CV -20) for approximately 1.416 acres of land. Alice? KAWAHA: This morning, the Commissioners conducted a site visitation of the subject property and surrounding areas. The Commissioners met in the parking lot for a site plan orientation, then viewed the project site. The Commissioners then proceeded toward the end of the existing CV zoned area next to the water reservoir. The project site, as well as the view to the neighboring property, the wellness center/bed and breakfast operation, were pointed out. Commissioners also viewed the subject property from the neighboring wellness centeribed and breakfast property, which is Kathleen Ing's property, and it's here dotted in blue. The Commissioners also traveled to Kilauea Road and went onto the subject property where there are two existing dwellings in this area. In looking at the site plan, this black line area here is the Old Volcano Road. The subject property is outlined here in blue. It's a 5.44 -acre piece of property. There's a red line here. From there to the Old Volcano Road is the existing Village Commercial Zone. It consists of, I believe it's 1.442 acres. The proposed area would be from this red line to this other red line here, and this is for 1.416 acres. On this map, also, you would see the proposed two warehouse structures as well as the parking areas in this area on the Hilo side, along the Hilo side of the boundary. There are also two loading areas. One would be between the two buildings, as well as one towards the end of the second structure. For the Commissioners', for clarification this morning as far as distances -. GIFFIN: Yes. KAWAHA: Since this map is to scale, I did scale it off and got the correct distances. So from the pond area to the end of this existing zone line here -. GIFFIN: Yeah. KAWAHA: Is about 65 feet. From the pond area to the first structure is about 105 feet. The width of this natural forested area is 82 feet. The width of this natural area along the Ka'u boundary is 25 feet. If I may make a note, the initial proposal was to have the structures be 40 feet act back from. this property line; however, there was a revision made to this plan so that Tvhen one views the structure from the entrance, the proposed structures are not that visible. And, again, just to reiterate that this red structure here is the existing restaurant- laundromat. The blue area is the pond reservoir. The adjacent property, the wellness center and Volcano Country Cottages, are here in purple. Also, to note that in scaling this from the proposed first warehouse to the guest house on the adjacent property is about 200 feet in distance. Again, the Planning Director is recommending approval of this change of zone from Single Family Residential -20,000 to Village Commercial -20,000. Are there any questions? GIFFIN: Commissioners, any questions of Alice? 0a KAWAHA: Chairwoman, can I also, for the record, state that there were, there are four correspondences, five correspondences that were distributed to the Planning Commissioners. One is f nom Stephen K. Grout. GIFFIN: Hang on just a minute. KAWAHA: I'm sorry, Stephanie K. Grout. It's a two-page correspondence, and it's undated. The second correspondences, correspondence is dated October 18, 2002, submitted by William Gilmartin. GIFFIN: He is in opposition? KAWAHA: Yes. GIFFIN: And the first party was in -. KAWAHA: The first -. GIFFIN: Favor of approval or in opposition? Opposition? KAWAHA: Opposition, I believe it's, although she states some of her concerns. Another correspondence dated October 18, 2002, from William Jennings, and his is in support. Another correspondence dated October 18, 2002, from Ken Honma, in support of the proposal. And then there's one more testimony from Jillian Marohnic. GIFFIN: Opposed? KAWAHA: Opposing. And she has a two-page letter with a website page, two websites. GIFFIN: Is that it, Alice? KAWAHA: One more. I know there were a lot of questions at the site inspection, and one of them was the, what is the total distance from the existing zoning as well as the proposed? So the total distance would be 800 feet. The existing zoning is about 400 feet in; the proposed would be another 400 feet in. So that would leave approximately, a little over 700 feet left in the Single Family Residential Zone. 9 GIFFIN: Okay. Any other questions that you wanted to answer, Alice? KAWAHA: I believe that's about it. GIFFIN: Commissioners, any other questions of Alice? Hearing none, will the Applicant and/or the Applicant's representative please come forward. Good evening. FLTKE: Good evening, ma'am. GIFFIN: Will you please raise your right hand. Do you swear or affirm to tell the truth on this matter now before the Hawaii County Planning Commission? FLTKE: I do. THOMAS: I do. GIFFIN: Thank you. Sidney, starting with you, your name and resident address. FUKE: Sure. Madam Chair and Members of the Commission, my name is Sidney Fuke. I'm a planning consultant. I'm here assisting the Applicant. My residence address is 1358-C Melernnanu Street, here in Hilo. GIFFIN: Thank you. Sir? THOMAS: My name is Maurice Thomas, I'm the Applicant, and residing at P.O. Box 28, Volcano, Hawaii. GIFFIN: Thank you. Commissioners, or first, Sid, is there anything you would like to add to what the County has presented this evening? FLTKE: Very briefly, Madam Chair. Initially, we would like to kind of acknowledge the appreciation of the Commission for taking their time out to visit the site. It reflects your diligence and your attention to a matter that's very important to the community. We all know that you want to do a real good job. The Applicant also wanted to note that he appreciates very much the support as well as the comments made by the non -supporters, you know. It just shows that how concerned that all of the community members are, you know, relative to this project. They have, many of them have relinquished basically two days of work to come out to testify. It's rather not common to find people who are in support of projects to, you know, give up your day, work day, to come out. You know, usually you find like people who are in opposition to a project that reflect this kind of fashion. But the Applicant is very appreciative to all of those who reflected their comments, you know, before this Commission. 0 Much has been said today so I kind of like really want to be brief inasmuch as the time is really passing. But I'd like to just share with the Commission, I just have a copy of a, not a copy but the original petition that was provided me by the Applicant, and this petition contains 476 names. And I did kind of like a rough tally in terms of like how many of those were within the Volcano area and how many of those were outside, like Mountain View, Kea'au, you know, so on and so forth. And it's roughly about 15 to 20 percent of these names are outside of the so-called, you know, within the immediate Volcano community. So I would say it's like about 385-390 names are, you know, truly reflective of the Volcano community. GIFFIN: Sid, did you go one step further and find out how many are residing in the Village? FUKE: No, I just looked at basically the address, what the -. GIFFIN: Okay. FUKE: Mailing address was. GIFFIN: Thank you. FUKE: You know, some had general delivery, etcetera. And, basically, this petition, which I'll provide to the, to your Staff, expressed their support for the project. And I'd also like to share with the Commission a reduced version of the site plan that was provided to the Staff and which was used on the field trip, as well as an aerial photo of that project, you know, which provides some general approximation. You know, this is not really precise, but some general approximation of the location of the property, the existing structures and what the proposed structures would be in relation to the ground. Again, this is just kind of like some impression, it's not really drawn to scale. But as much as possible, the one who had prepared the site plan did as best as he can, you know, he could to reflect this on the plan. I think for the most part the Commission is aware of like what the nature of the project is. He wants to build two, you know, not, build basically two warehouses to accommodate a large part of his needs. But I think what I'd like to share with the Commission or respectfully request the Commission to consider are like several things. And one of it is like, you know, more the regulatory process in terms of like how the Commission or how the Applicant such as Mr. Thomas, you know, would look at an application such as this. And, you know, generally, when a person seeks a rezoning, what he or she does is to look at all of your existing regulatory documents; and one of the primary documents that we have that has been adopted by the County, of course, is your General Plan. And this is like the so-called regulatory "bible," I might say, relative to the Island of Hawaii and the County of Hawaii. If there are other documents that are available, such as your 5 development plans, then those serve to sort of provide some definition to the General Plan. In this situation here, although there have been much said about this Vision, Vision 2020 Plan, that has not been adopted by the, neither by the Planning Division nor the County Council. You do have lake other privately initiated plans, for example, like the Hawaiian Paradise Park Plan which has been reviewed by this Planning Commission and also reviewed by the County Council. And so in that sense, like if this application were like within the Hawaiian Paradise Park area., then there would be some measure of obligation on the part of the Applicant to review the relevancy of those plans, you know, relative to the application. I think that the fact that, you know, you'll find that this particular petition has, you know, a number of its supporters as well as a number of its detractors, and the detractors understandably pointing, many of them are pointing to the Vision Vision 2020 Plan, Vision 2020 Plan, on the other hand, kind of, to me, suggests that there is a need for a plan, the reliance of the Vision 2020 Plan. And although, you know, a lot has been given, you know, a lot of energy has been spent on that, there is an issue as far as its legitimacy, both in terms of, you know, the kind of support that it had generated within the community, and let alone legitimacy from a legal standpoint. You know, the Applicant had come in for a zone change back in 1994. It was, you know, 2.2 acres that was approved. He intends to just expand this area for an additional 2.2 acres and leave, as your Staff had -indicated, the balance of the property undeveloped, which would all be consistent with the only document that we have to rely upon right now, which is the General Plan. Nonetheless, I think just having the General Plan itself need not necessarily mean it's an automatic approval. I think that the very fact that the Commission on the previous application kind of wrestled with the question of like how do you mitigate impact, so on and so forth, you know, regardless of whatever the standing or, your land use plan might say, you know, vis-a-vis the General Plan, you know, in this situation, ifs no different. You know, we're looking at the General Plan which says if you're going to have commercial uses in the Volcano area, well, this is where the fathers, the governmental fathers would want to see commercial area go. But, you know, there is still like an obligation to like mitigation, both in terms of your infrastructure as well as like your impact to the surrounding area. It's important to note, however, like mitigation is not necessarily elimination of any impact. Mitigation means that there are going to be impacts, so the question is like how do you minimize the potential impacts or the perceived impacts as a result of this project? Relative to that, you know, I think your Staffs condition had proposed like a number of mitigations, you know, a good portion of which were suggested by the Applicant. And I think these mitigations serve to address not necessarily only the infrastructure aspect but also the question of the i€ apacts to suirounding areas. And, as a result, for example, you'll find conditions relating to, I think there was a comment made at the last public hearing about like, well, there's going to be flooding to our property, so on and so forth. But I think that, you know, you'd know that there are conditions relating to how drainage is handled down, and, you know, through the porosity of this area. And also the existing regulations, you know, require that this developer, you know, contain any and all water that's generated by this project on site. There's, there are conditions relating to like character. I think that if you've seen the photos, you know, you've seen how much the Applicant has tried to kind of massage the project as much as possible to reduce the visual impact ofthe project. We've -. They talked initially about like having one monolithic building; and he then conceded to having two structures rather than one monolithic building, you know, creating 20 -foot buffers between those structures, retaining the natural buffers, you know. So that, as was pointed out on the map and what you'll see in the video simulation, trying to minimize the visual impact from the road by curving the road, you know, such that, you know, the structures would be barely visible from the Volcano Highway. There's also talk about like introducing native vegetation. Many of these conditions are contained in your proposed Condition H as suggested by your Staff. Mr. Thomas, the Applicant, was also concerned about like the neighbors. So they have talked about, we have proposed and your Commission has, excuse me, your Staff has reflected a number of these conditions to address specific mitigations relative to the impact of the neighbors. These deal with like your landscaping buffers and your heat sensors for the security that's contained in your Condition K, the no open storage in Condition 1, limiting the hours of operation and limiting also your construction hours, and those are contained in Conditions E and F respectively. As I said, you know, it's difficult to come to a situation where there are not going to be any impacts. There are going to be impacts to this project. A good portion of these impacts will be positive from the community's standpoint because it will provide a major service. There will also be some negative impacts. And through these mitigations, however, we believe that, you know, these impacts, while there will be some, will nonetheless be reduced to the extent possible. And the only suggestion that I would have is that your Staff has recommended in Condition H-2 that should the Commission elect to or decide to recommend favorably on this application, the only>suggestion that we would have is that on your Condition H-2, which the Director is recommending the construction of a six-foot high earthen berm installed along the western boundary property line where trucks will turn around, we'd like to recommend, respectfully request that that condition be deleted. Because this would mean that, the construction of this berm would mean the removal of the existing vegetation in this area. What we are proposing is to retain a 20 -foot wide natural buffer in that area. I think you've seen the property, you've seen the extensive vegetation in the area. It's also reflected in the video. So this may be like, implementing Condition H-2 may be contrary to the visual intent that we're seeking to achieve by Condition H-3. So with that, and knowing that there ars like a number of people that may still wish to testify on this matter, we'dd like to, we're just going to open ourselves up to questions and reserve the right to come back and respond further to the questions. 7 GIFFIN: Commissioners, do you have any questions of the Applicant's representative or the Applicant? Commissioner Springer. SPRINGER: Thank you. Do we have any idea of how old the so-called natural forest is? The trees seem to be the carne age, relatively small diameter, at breast height. THOMAS: Yeah, probably that whole area of Volcano Village was deforested sometime probably in the 20's and 30's, and then that vegetation is like a second growth Iohia corning back in. SPRINGER: Thank you. Madam Chair, yeah, with regard to the earthen berm, we received, some of the testimony that we received today brought our attention to the rather poor quality of forest to act as a sound buffer. On the face of it, it would seem like not requiring the berms, :should we go with approval, is a good idea because we'll retain forest cover. But it would seem like if we're asking for native planting and landscaping anyway, the earthen berms may absorb sound better. FUKE: I think you have a very good point, Commissioner Springer. I think the only qualifier, however, is that this development, if it gets approved, would still have to comply with the Planning Department landscaping rule. And what it requires, what the landscaping rules provide is the implementation of understory, you know, within those trees. So I think life, some of the existing areas may, you know, may be sparse in terms of understory, but having the understory like whether more fern or like, what is that, 'uluhe fern -. SPRINGER: 'Uluhe. FUKE: Yeah, in that, I think may help to kind of mitigate further, you know, some amount of sound. But, you know, I'll leave that discretion up to the Commission. SPRINGER: Thanks. GIFFIN: Any other Commissioners with questions? Commissioner Kubota. KUBOTA: To follow-up on that berm versus natural vegetation in terms of blocking off sound, which does a better job? FUKE: Well, I would tend, I would side with the natural vegetation and combined with like heavy understory, you know, heavy growth -. KUBOTA: Yeah. FUKE: On the bottom. Because you can have like a heavy undergrowth that might be like about four to six feet, which would basically accomplish the same amount of sound muffling, maybe even more than just a earthen been. GIFFIN: Mr. Fujikawa Mrs. Kubota, are you pau? KUBOTA: I had one more question but -. GIFFIN: Why don't you go ahead. KUBOTA: But another item. GIFFIN: Oh. Were you, Mr. Fujikawa, going to speak on the berms? FUJIKAWA: Yeah. KUBOTA: Okay. FUJIKAWA: Your building is 50 -feet wide, right? Okay, right there itself would deflect the sounds of your neighboring property. And so my question is the type of building are you building, what are using for the exterior material? Metal? Wood? THOMAS: It's going to be metal. FUJIKAWA: Metal? Okay, if you would consider using a wood product, it would deflect some of the sound. And like I said, utilize the two structures, they will completely block the sound off the neighboring -. THOMAS: Yeah, that can be -. GIFFIN: Commissioners, any other comments regarding the berms? I'd like to make a comment. Mr. Fuke, I don't agree with you regarding the natural forest with the understory being a greater buffer than a physical berm. And if, like Ms. Springer applied, the forest is young anyway, why not put in something that we know would work as a strong buffer. And as Mr. Fujikawa said at the last hearing, maybe in addition to that, even a wall. FUKE: Well, I think, there are two things. One is like, first of all, it would mean like the berm would have to be constructed I would assume at the property line. And so when you construct this berm at the property line, then all of the existing vegetation, you know, would have to be removed. And so, you know, it may visually not be as pleasant. This is just only my opinion, but it may not be as pleasant as just leaving the existing natural vegetation there. Related to that, of course, and following up on Commissioner Fujikawa's point, of course, is that all of the activity will be confined within this existing building. The structures you saw today, an existing structure, is generally the height, if not the identical height of what's being proposed in the requested rezoned area. Z The other thing, you know, we pointed out to in a letter to the Planning Director is that, you know, the, I would imagine the noise is not necessarily, the noise concern is not necessarily directed immediately to, you know, what goes on within the building, as much as like when you have like delivery trucks coming in and the beeping sound, so on and so forth. What we pointed out to Mr. Yuen in my letter of September 23 rd was that, at this point in time, there is like one truck pulling in using a 40 -foot wide, 40 -foot long container that comes into the business site about six to eight weeks, every six to eight weeks. With the proposed development and after the initial stocking of the structures, the trucks hauling this 40 -font container would frequent the site once every three weeks; and they would come in roughly around noon. So basically you would have the trucks now, as opposed to six weeks, would come in like every three weeks. Relatively to the delivery truck which, you know, comes more frequently, it's, the delivery truck is not related to what's being proposed over here. The delivery truck is related, you know, and the noise associated with that, is related to all of the existing uses that's on the property. Because there's a restaurant going on, and so, you know, you need to have fresh vegetables and fresh meat and poultry products brought in. So those delivery trucks average about once a week; and they come in about 10:00, between 10:00 to noon, you know, the Coca-Cola, or whatever have you. But this is not the kind of use that's being proposed for the expanded area. So we cannot mix so-called apples and oranges, forgive the -. GIFFIN: That's right. FUKE: Pun, but yeah. GIFFIN: That's right. FUKE: So relative to what's being proposed in this area, we're looking only at delivery trucks for like the hardware stuff. And so as opposed to once every three, once every six weeks, we'll be expecting once every three weeks. And so when you balance that off in relation to the kind of mitigation that may be needed then, you know, just trying, this is what we're trying to do, what is the appropriate balance considering the impacts? GIFFIN: Mr. Fujikawa. FUJIKAWA: Looking at your picture here, so most of the activity will be in the building, or both in and out? THOMAS: That's in the new area? FUJIKAWA: Ycah. THOMAS: Yeah, it would be -. HUI FUJIKAWA: In the building? THOMAS: Inside the building. FUJIKAWA: Inside the building. In that case, if you do select it to be metal building, then if you insulate the wall, you won't have the sound on the outside. Thank you. GIFFIN: Mrs. Kubota. KUBOTA: May I go on to another -? GIFFIN: Yes, you may. KUBOTA: Arca? In one of the support letters that came in, this person talks about the Applicant not, planning not to operate a factory or a lumber mill but a retailing of finished products. What's the differentiation? I mean is it correct, first of all, this notion that you're not running a lumber mill but you're retailing a finished product? THOMAS: That's correct. KUBOTA: That's correct. Okay. Now tell me how it differs, a lumber mill and retailing a finished product. I can guess, the sawing and all of that, but you tell me. THOMAS: Well, first thing, if you were doing a mill or something, you would be actually taking rough sawed lumber and you'd be running it through machinery; and you would be doing a lot of yardage type things, or under sheds, or something. We are not proposing anything fake that because the condition of I says that we're not allowed to have anything stored outside. Everything must be maintained within the buildings. And at that point right there, we couldn't really be doing any manufacturing in open yards or, and we would be actually bringing lumber up that's already milled. And basically we're just supplying the local people in the area, not a contractor or any type of thing like that. KUBOTA: Okay. Thank you. Madam Chair, may I continue? GIFFIN: Yes, you may. KUBOTA: I have one more question. In the hours of operation, as I noticed here, in Condition E, Mr. Fuke, it talks about the operation shall be limited to 8:00 a.m. to 5:00 p.m. daily. That's Mondays through Sundays, through, I mean seven days a week? It says daily. FUKE: That is correct. You know, I think there may be occasions where, you know, they would close down, you know, for the holidays and things like that. 11 Just to put things in perspective, if you imagine that this, what he proposes over here would be like, almost like Ace Hardware across the street. And so like Ace Hardware opens like seven days a week, they might close like on holidays or some other limited time. And so if you look at Ace Hardware, you know, the question, your question whether they do any sawing or cutting, like that, if they do anything like that, it's very, very minimal. I think the major difference between an Ace Hardware and what he's proposing here is that the requirement is that all of the activities have to be conducted within the confines of the building as opposed to like open storage. KUBOTA: One more and then I'll give up the mike. GIFFIN: Sure. KUBOTA: Mr. Fuke, is there any possibility that that subject area might be moved further back towards Kino'ole Street, not Kino'ole Street -. GIFFIN: Kilauea Road. FUKE: Kilauea. Kilauea, you're pretty close. KUBOTA: Kilauea Road to, you know, give some distance from the people that are the, that are in the wellness center? FUKE: Well, it could be. What it, you know, you could move it as far, I guess what direction, far -. GIFFIN: North. KUBOTA: North, they said. FUKE: North, you know, to the extent that the setback would be, you know, would allow, you know, within the zoned area. And so maybe correct me if I'm wrong, but like is there asetback requirement from the zoning line? KAWAHA: Not for commercial. FUKE: Not for commercial. So conceivably, you could, to answer your question, yes, it would be possible to -. KUBOTA: Go all the way to the -. FUKE: Possibly. KUBOTA: Dream House, maybe. FUKE: Pardon? 12 KUBOTA: Dream House, was it called? FUKE: No, no, you would be able to move it as far back as the proposed zoning line is, you know, because you could not have -. KUBOTA: Oh. FUKE: The uses in a Residential Zone. GIFFIN: How many feet is that? Excuse me. FUKE: If this map -. GIFFIN: Mrs. Kubota. FUKE: Is accurate, it would appear to be like maybe another 20 feet, 25 feet maybe to the end. Well, it could be anywhere from, he's saying maybe 50 feet, I don't know. GIFFIN: Yeah. FUKE: So it could be anywhere from about 25 to 30 feet. KUBOTA: But -. FUKE: So but if you wish to, you know, if this is another consideration and you would want to have the structures be adjacent to the northern property, not, northern zoning line, he has no objections to it. KUBOTA: I guess my question is not that. My question, yeah, that's partially the answer, your willingness to do it. But I was envisioning moving the zone line further north. FUKE: To do that, well -. KUBOTA: I mean is that possible? FUKE: Well, that would be possible; but you would be increasing the area of zoning from another 2.4 to maybe three or four acres, whatever have you. And then -. GIFFIN: Applicant might like that, huh? FUKE: Pardon? GIFFIN: More commercially zoned property. 13 FUKE: Well, and then you could conceivably then, down the road, because you already have the zoning, encourage more intensification of use in that area. KUBOTA: Oh, I see what you're saying. Yeah, okay. GIFFIN: Mrs. Kubota, may I add something to what you're saying? KUBOTA: Yes. GIFFIN: Mr. Fuke, I think the, I would look upon that favorably in terms of moving the structures, the proposed structures as far north as, you know, possible within the proposed zoning change area, only because it would make it even fixrther away from the wellness center and any adverse impacts that this whole thing would have on it. So if you're speaking of 25 =what, to 50 feet. FUKE: This is 25 to 50. I'd say 25, he says 50; so I'll defer to him. But the concept of having it adjacent to the proposed zoning line is acceptable. GIFFIN: Alice looks like she wants to say something. Okay, Alice. KAWAHA: For the Commissioners' information, if we use this map as it's to scale, from the second building to this, the northern end of the proposed zoning, it's 30 feet. So they would be able to move only about 30 feet more. FUKE: RiR.ht in between us then. GIFFIN: Yeah. FUJIKAWA: So what's the allowable? GIFFIN: Mr. Fujikawa. FUJIKAWA: What is the allowable setback from the property line? GIFFIN: The Deputy just said he'd be fine. KAWAHA: According to the Zoning Code, for Village Commercial it's front or rear 15 feet, then we have side, usually it reads zero, however, it's adjacent to Residential Zone, so there is a 15 -foot setback on the sides. FUJIKAWA: Okay. GIFFIN KAWAHA: On the sides. Yes. 14 FUJIKAWA: I have a -. GIFFIN: Mr. Fujikawa. FUJIKAWA: I have a question with Alice for you there. This morning when you conducted a horn testing, ;where was your vehicle parked? KAWAHA: The vehicle would be at the very end of this pond area. GIFFIN: Second to the last car. FUJIKAWA: Okay. So the reason why I was against it is that they parked and the sound traveled right or. the surface of the water. He should have parked the horn in the back of the building. GIFFIN: Moving right along. Any other Commissioners with comments? Mr. Togashi. TOGASHI: Just a brief question. Will chemically treated lumber be stored on site, as well, chemically treated finished lumber products? THOMAS: No, there is no storage of materials outside. TOGASHI: No, I mean lumber that's chemically treated and stored in the warehouse. THOMAS: Yeah, there will be what they call CCA, green lumber. TOGASHI: Does that require any kind of, are they required any kind of, are there regulations regarding such storage of -? THOMAS: Not that I'm aware of. GIFFIN: Mr. Fujikawa. FUJIKAWA: Yeah, I have a question for the Applicant, the owner. I think this will help Mrs. Kubota's question about what, you know, you're carrying. Are you carrying pro -hung doors, hardwares, trim, drywall, in the building? THOMAS: Yes. FUJIKAWA: Decorated lattice work, things that nature? THOMAS: Yes. 15 FUJIKAWA: Okay, that will be a Handy -Andy type of lumber yard, right? Okay. Thank you. GIFFIN: Do I hear any other comments or questions for the Applicant or the Applicant's representative? Ms. Springer. SPRINGER: Jus:, not necessarily to them, but to us in general. GIFFIN: Sure. SPRINGER: I'm taken by a few things: A comment from a previous testifier at one of other hearings who was a multi -, a third generation, I believe, family to reside in Volcano who remembered the time when his grandparents were farming there, perhaps at the time that the Applicant has described in the 20s and 30s, where much of what we now consider as forested lands was once under cultivation. And that, I take into consideration living in an agricultural community and recognizing the need and desirability of having materials and appliances ?md tools such as are being discussed here close at hand, and balancing that with the sentimentality that I hold towards Volcano Villages as I know it. GIFFIN: Thank you. Mr. Fuke and Mr. Thomas, taking at look at your schematic drawing here, what would the possibility be of instead of having two proposed structures, one north and south of each other, placing the first structure from Volcano, Old Volcano Road to the right of the proposed one that is further north, so that you would have two next to each other. That was really Mr. Torigoe's suggestion; I'm taking credit for it. You were going to say that, too? Oh, great minds. How is that possibility? So they'd be side by side lengthwise, or consolidated, as Mr. Torigoe has suggested. FUKE: I'm sorry? I'm trying to understand. Are you -? Is the comment -? GIFFIN: Do you want to look at his drawing that he did? Mr. Torigoe did a drawing. So, again, it would be further away from the wellness center. And then when you're through looking at it, we'd like it back, please. FUKE: I think that just one comment on that is that I don't know, well, first of all, if Mr. Thomas, the Applicant, is, you know, if the design of the building is such that they need to get access to it, you know, to two separate buildings, then the way that this is drawn out, it may be difficult to get access, you know, from the length of the building. You're going to probably get access only from the front of the building, yeah? GIFFIN: Why couldn't there be a space between the two buildings? FUKE: I don't know if you're going to have enough room. GIFFIN: Might have to make the buildings smaller. 16 FUKE: So I thought that maybe you, what you were suggesting was possibly having both of those proposed structures be situated on the Hilo end of the property so as to have more of the, retain more of the natural -. GIFFIN: Is that the Hilo end, towards Kilauea Road? FUKE: No. Yeah, that end, yeah. GIFFIN: Oh, oh, I see. FUKE: Yeah. You know, just flipping it -. GIFFIN: Yes. Yes. FUKE: Around, yeah. GIFFIN: I know, I had suggested that also to our Corp. Counsel but -. FUKE: But at any rate, we can sit down and discuss it during, as you hear other testifiers. GIFFIN: Yes. Because I have some more concerns, but we'll bring that up later. May I have that back, please. Maybe we should get on with public testimony. KUBOTA: Okay. All right. GIFFIN: I know that some of these people are gone, but I would like to call their names in order. Jillian Marohnic, Stephanie Grout, please come forward. How many chairs do we have there, four? Four, Esther. GIFFIN: William Gilmartin. IMAMURA: He had to leave. GIFFIN: Okay. William Jennings, not here. Oh, a lot of Williams. William Stephenson, and Ken Honma. In consideration of the hour, your testimony will be limited to tbrree minutes each. We do have a timer with our Staff. Will you please raise your right hands. Do you swear or affirm to tell the truth on this matter now before the Hawaii County Planning Commission? TESTIFIERS: I do. GIFFIN: Thank you. Starting with you, ma'am, your name and resident address. MAROHNIC: Jillian Marohnic and -. 17 NOMURA: Please -. MAROHNIC: I live in Volcano Village. GIFFIN: Oh, I'm sorry. MAROHNIC: Oh. GIFFIN: Please speak into the microphone. MAROHNIC: Jillian Marohnic. GIFFIN: Thank you. MAROHNIC: And I live in Volcano Village. GIFFIN: Thank you. You may begin. MAROHNIC: Okay. I just wanted to say I was reviewing the Hawaii County Code as it pertains to zoning, and I noticed that warehousing was not a permitted use under Village Commercial zoning. Warehousing is only permitted under MCX, which is Industrial Commercial Maxed Use, ML, Limited Industrial, and MG, General Industrial. So then I thought that perhaps the proposed warehouses were being considered as accessory buildings to an existing retail establishment on the same property, which is allowable under Village Commercial zoning. But then when I looked up the definition of accessory building, it said that it would be a building no more than 20 feet in height, and it went on to describe how it would be a subordinate building. So then my question is if warehousing is not allowed under Village Commercial zoning, and this doesn't qualify as an accessory building, then how could these warehouses be proposed for a Village Commercially zoned lot? So that's my point. And then the second point I wanted to make was that this morning at the site visit, in the, when we visited the two buildings at the far end of the lot, I heard the Commissioners say that both buildings of the two buildings, one of them was a residence and the other was a vacation rental. Well, I'v>N attached on my testimony the two current web site advertisements for both of these structures as vacation rentals, so I just wanted to clarify that point. GIFFIN: Are you through with your testimony? MAROHNIC: Yes, I am. GIFFIN: Commissioners, do you have any questions of the testifier? SPRINGER: Madam Chair? GIFFIN: Commissioner Springer. SPRINGER: I'm wondering if our Deputy Planning Director can respond to the concerns of the testifier regarding Hawaii County Code. GIFFIN: And warehouses. SPRINGER: Yes, if that should be, we should hear it now or wait. GIFFIN: Oh, I think you should hear it now. SPRINGER: Okay. TAKEMOTO: The CV District is intended to be kind of a more mixed use kind of district for rural areas. Sc recognizing that these rural areas, it's hard to zone isolated industrial areas, commercial. The CV is intended to incorporate a broader mix. And that is kind of reflected in, there's one catch-all that says -. SPRINGER: Can we have the citation, too, what number? TAKEMOTO: This is Section 25-5-122(d). GIFFIN: D — David? TAKEMOTO: D as in David, "Buildings and uses similar to the permitted uses listed in subsection (a) above shall be permitted in the CV district, as approved by the director.: This is the one:zoning district that includes this catch-all. Most of the, all the other zoning districts have, a list of perrnitted uses; and it says if it's not listed as permitted, it's not permitted. But this is an exception for this zoning district, recognizing that it is intended to be a broader use. SPRINGER: Similar to, can you either pass that around, I don't have my Code with me, or read it, whichever's -. MAROHNIC: What is it similar to in the listed uses then? SPRINGER: Would it be better for you to read it? GIFFIN: Yeah, I think so. SPRINGER: Thank you. Thanks, Roy. 19 TAKEMOTO: A number of these could qualify, convenience stores, manufacturing, processing, packaging, light and general; you know, that is going to the extreme, but that tells you the range of uses that it could be related to. MAROHNIC: This is not manufacturing, this is storage. TAKEMOTO: Yes. MAROHNIC: That's manufacturing and distribution to retail establishments not outside of the community. These warehouses are going to attract people from way outside the community. It's noty similar to that. TAKEMOTO: No, but my point is that by even including manufacturing, which is more noxious than warehousing, it could be a permitted use. MAROHNIC: Well, I disagree with that, because warehousing is specifically listed as a special category in those other three zoning districts -. TAKEMOTO: Right. MAROHNIC: That I specified. TAKEMOTO: And it could be related to the, the next one is retail establishment. MAROHNIC: Yeah. But, as I said, it doesn't qualify as an accessory building to a retail establishment. TAKEMOTO: No, there is a separate section in CV that says buildings and uses normally considered accessory, but the section I was reading was even broader than that. And it says "buildings and uses similar to the permitted uses," with no mention of accessory. So this was intended to be an even broader catch-all, not limited to accessory uses. MAROHNIC: Well, it seems to me that we're really stretching things here to satisfy the Applicant. GIFFIN: Where are we in this discussion? Are you through answering her questions? TAKEMOTO: Yeah, I think it's just a difference in opinion. I explained our interpretation of the CV District. GIFFIN: Thank you. I did have one question about your web advertisements that you picked up on those two structures that were at the Kilauea Road section of the property. You said that they are what? 20 MAROHNIC: They are vacation rentals. GIFFIN: Oh, both of them are? MAROHNIC: Yes. GIFFIN: And not a primary residence like we heard. Commissioners, any other questions for the testifier? Hearing none, thank you. Thank you very much for your information. Stephanie Grout, you may begin. GROUT: I reside in Volcano. My address is P.O. Box 159, Volcano, Hawai' i. And I would like to say one thing relating to the previous testimony. Volcano seems quite rural, but it is, in fact, very densely zoned. It hasn't even approached build -out, so, and the forest is still very heavy, and so it feels really rural. But there is within 19 miles in Shipman Industrial area., a lumber yard and an equipment rental place. So it's, you know, it's not very far to travel to get to those businesses. I wrote a two-page letter, which you have copies of, and I don't, I'm going to try to make this really quick. I just wanted to make a couple of points. I was at the site inspection today, and I listened to some of your questions. And I think a lot of your questions would be answered if you would maybe make a visit to say HPM Building Supply and spend ten minutes just standing in the lumber yard area, or go to their, or say go to Puna Rental in Shipman Industrial and just spend ten ;minutes. Then you'd get the feeling for the kind of places they are, and how noisy and smelly and dirty they are. And it just doesn't seem like the kind of thing that belongs in the living room of a community such as Volcano Village. And I think that it would be helpful for your edification if you could continue this decision, postpone it untilsuch time as the community has the opportunity to get together and create a special design district for Volcano. I think Volcano deserves a special design district, and it would take some time. But Virginia Goldstein has offered her services to usher through the process, and I think it would be a win-win situation for everybody in Volcano. It would give us a chance to come together. Everybody could express what they want, how they want Volcano to be. Vision 2020 was just a first step in the process, and it was so exhausting for the people who were participating in it that they just kind of dropped the ball and -. But there were hundreds of people that participated. It was a very open process, and it was just the first step. It just got a little bit waylaid because the participants grew weary; they were kind of burned out. GIFFIN: Yeah. GROUT: And they, so. 21 GIFFIN: It happens. GROUT: And I, what about Maurice's and Jiranan's desire to expand their businesses? How does Volcano reconcile the desires of some of its residents to make a living and the vision of others to preserve a way of life? So I strongly urge you to postpone a decision until such time as the community can work together to create a special design district which Volcano deserves. It would just be for along the commercial corridor. GIFFIN: Thank you. GROUT: Thank you. GIFFIN: Any other questions of the testifier? Commissioner Springer. SPRINGER: Thank you. With regard to either Volcano 2020 or the special design initiative working with Virginia Goldstein, was testimony to either initiative made at the time of the General Plan review? GROUT: I don't know. I don't know. I'm sorry. SPRINGER: Thank you. GIFFIN: Commissioners, any other questions of the public testifier? Regarding your suggestion in the last paragraph of your written testimony, the special design district and working with Virginia, personally, I thought that that was a wonderful idea. However, I think the establishment, the final end product of a special design district would take an awfully long time in terms of the timeliness for us to act on this agenda item. There are some timc constraints that every application before us faces; and balancing the two, it would be impossible for us to wait for your community. Although I applaud the suggested, you know, motion to go through a special design district, it, too, is a very long, laborious process. And in terms of the timeliness for this application, this Commission could not wait for that, unfortunately. Any other comments of questions? Thank you very much for coming. GROUT: Thank you. GIFFIN: William Stephenson. STEPHENSON: My name is William Ord Ryan Stephenson. I'm a resident of Volcano. I reside at 11-3753H Ala 'Ohi'a Street, which is approximately a mile and a half, maybe two miles from the proposed construction. 22 Approximately 12 years ago, and I'm fuzzy on the dates, I was the mapping coordinator for the Puna Community Development Plan. At that time, the County planned for commercial zoning in Volcano, not, obviously not the zoning but the commercial. But the plan, long-range plar, showed a commercial zone running from Haunani to Wright Road, nearly to Wright Road, and approximately two-thirds of the property deep on this particular property, which is I believe why Maurice, Mr. Thomas, is only asking for zoning to that back boundary, approximately two-thirds of the way into that individual piece of property. During that time, there was ample testimony in the Puna Development Plan in terms of where we would like to see development happen; and we certainly agreed that we would like to see development happen in both that area. There was also consideration for the other side of Old Volcano Highway opposite that area, plus a couple of areas into the subdivisions across the new highway. And so there was community input. There was a process. At the same time, Volcano Vision 2020 started up and literally tore the community asunder. It just about brought the Volcano Community Association to its end. And it's only just beginning to recover from the devastation caused by Volcano Vision 2020 and the process that it used. I would like to see a proper plan in place for the Village. But many of the suggestions brought forth in that would be so restrictive that basically people would no longer have their opportunity or the right to decide what color to paint their homes, which I would definitely object to, and which is why part of it was bringing the community to ruin. I certainly would oppose any long-term solution such as that mentioned by Ms. Grout. There was a question earlier about seven days a week. As a homeowner, I work at Kea'au High School. I'_i only available to work on my home on Saturdays and Sundays, excepting summers. And most of the summers I'm off on training on the mainland, or in Honolulu, or here in Hilo; and those, of course, take place on weekdays if I happen to be on this Island. So the access to the hardware store, or the access to the potential of the lumber on Sundays, on both Saturday and Sunday is important to me as a homeowner in my projects. It has only been a week ago Sunday that having the store there allowed me to salvage a major potential damage and loss of my water supply, and I'm glad he was open on Sunday. It has been a great service to the community. GIFFIN: Mr. Stephenson -. STEPHENSON: Yes. GIFFIN: I'm going to have to ask you to stop. STEPHENSON: Okay. GIFFIN: 'Thank you very much. Commissioners, any questions of the testifier? 23 SPRINGER: No, thank you. GIFFIN: Thank you. STEPHENSON: Thank you. GIFFIN: Mr. Honma, your name and resident address, please. HONMA: My name is Kenneth Honma. I reside in Mauna Loa Estates, P.O. Box 224, and I've been a resident there all my life. My grandparents moved there from Japan, I guess it was, long, long time ago. So anyway, good evening. GIFFIN: Good evening. HONMA: Commissioners. I want to thank you all for taking the time out to make the site visit to Volcano this morning and for allowing me to give my opinions this evening. I have already: submitted written testimony previously. But I had not had the opportunity to speak publicly and personally, so I'm doing that before you today. I want to reiterate my support for the proposed lumber and other equipment sales; and the first thing I want to say is I urge you not to use Vision 2020 guidelines as guidance for your decision this evening. It has been a thorn in the side of the Volcano community. Its impact has been devastating on the once viable Volcano Community Association, or VCA, which recently had to decide if it would remain in existence, and is presently deciding how to recover support of the community at large. In fact, the VCA is a dysfunctional organization that has been divisively manipulated into a single agenda organization. This agenda to push Vision 2020 as a voice of planning for the community is the only thing that VCA has seriously continued in the many years and the reason for VCR's present failure. The small elitist group, who control Vision 2020 and keep the VCA alive so that the vision has credibility with an organization like the Hawaii County Planning Commission, has failed to listen to the needs of what I call the other community, the children of regular people with regular nine to five jobs, the average to below average income people who, from what I have observed, are in favor of having this proposal go through. The effect is a general separation by class value system. Rich, exclusive, and elitism versus working class inclusion and cooperation. It's a shame that regardless of the validity of your findings this evening, if you ever get to this point to deny the proposal, if that's what you come to, the lack of inclusiveness of Vision 2020 for all the community members because of its perceived divisiveness, discrimination and control, that if you decide to deny this appropriate and needed service in our community, you _send a message to anyone else that they must be accepted by the elite few who participate and control the Vision 2020, the insiders game, that these elitist values are the only ones that will make it past this Planning Commission. And let me just finish now. Some may say that there is more to a community than just goods and 24 services. But I say what is a community without goods and services? Anyway, thank you. Thank you very much. GIFFIN: Thank you. Commissioners, do you have any questions? Mr. Fujikawa. FUJIKAWA: You do have a house there in Volcano? HONMA: Yes, I live, I live -. GIFFIN: Mauna Loa Estates. HONMA: A little closer to the Village than the guy next to me. FUJIKAWA: So right now if you have to go and pick up a two by four or a four by four to fix your fence, you have to go to Hilo? HONMA: Yeah. Yeah. FUJIKAWA: So you're talking half an hour drive. HONMA: Oh, more than that with the traffic, 45 maybe, depends on the traffic. FUJIKAWA: I see. Yeah, I believe that's a good idea for an establishment there because it takes the traffic off the highway, quite a bit of traffic. HONMA: That's right. FUJIKAWA: And also with the gas situation they raise now, it would help you people. Okay. Thank you. HONMA: Okay. Thank you. GIFFIN: Thank you very much. HONMA: Okay. GIFFIN: Kathleen Porter, Rick Warshauer, Betsy Mitchell. Is Betsy Mitchell here? PUBLIC: No, she left. GIFFIN: R. Chris Christensen. Oh, the horn -blower. And Wendell Ing. And maybe we can have one more chair brought up and have John Lockwood come up, and Wendell Ing. And maybe we can pull some chairs up there. Sharon or Esther, will 25 you help them by pulling chairs up. Will you please raise your right hands. I thought I called five. Oh, there, okay. Do you swear or affirm to tell the truth on this matter now before the Hawaii County Planning Commission? TESTIFIERS: I do. GIFFIN: Thank you. Starting with you, Kathleen. PORTER: I would like to request a little bit of extension of time. I know it has been a long day for ,everyone. I have two hats that I wear, one as the adjacent land owner and the other as a very concerned member of my community, and so my remarks to both of those things. I don't think there's anyone else in this room who's impacted by this -. GIFFIN: Greater, yeah. PORTER: The way I am. GIFFIN: Kathleen, if I can refresh the Commissioners' memory, is the owner of the adjoining property. Why don't we hear three minutes first, go through it. PORTER: Okay. See how far I get in three minutes? GIFFIN: Yeah. PORTER: Okay. GIFFIN: And then after that -. PORTER: And we'll really try to move this -. GIFFIN: After the last speaker, then we'll see how we are in terms of time. PORTER: Okay. GIFFIN: Okay. PORTER: I hope that everyone here, both on the Commission and also my neighbors who are still hers, can appreciate the very difficult and awkward situation that I find myself in. It's not a comfortable situation for mc, that's for sure, and I don't like being in any kind of disputa with any of my neighbors. But I happen to live next door and have two businesses next door to this proposed warehouse, so I feel very compelled to raise some questions. In terms of the construction, I lived through the process of the construction of the previous warehouse with the bulldozing, first of all, the chain sawing of the trees, the 26 bulldozing, the blasting, the digging and blasting of a 300,000 gallon water reservoir. It was a nightmare to live through that. So I know, I know that if this is approved, and I have a feeling that it could well be, that I will have to at least temporarily suspend the operations of my very small bed and breakfast and wellness center. If that happens, I stand to lose what income I do have. It would be several thousand dollars a month on that smaller cottage and my activities at the wellness center. It will not take me very long to go belly up. So, naturally, this brings me to, you know, a place of certain insecurity and fear. I'm already feeling the effects. You know, many of my activities at the wellness center, programs and workshops, have to be planned and scheduled months in advance. and I've had to sort of suspend that because it's difficult for me to sort of integrate that long view. So that if this were to be approved, I would have to ask that in addition to things like berms and vegetation and that kind of thing that Mr. Thomas, who has said that he would be probably spending around $600,000 on this project, perhaps cover my monthly loss of income during that period. I also think that I would want to have some sort of assurances that 1, too, could have commercial zoning granted to my property so that if I need to move on I can, and that the level, the playing field is leveled. Because it might be difficult for me to sell a bed and breakfast and a wellness center. I'm also concerned that this could take some time. And I want to know what kinds of assurances I would get that whatever conditions were set would actually be met. Because, I'm sorry to say, conditions that have been set in the past have not been met and have taken years of great difficulty on. my part to have them complied with. And I'd like to know what kind of recourse I would have if those conditions were not met. GIFFIN: Why don't you stop there. PORTER: I have a little more to say. GIFFIN: I know. PORTER: Okay. GIFFIN: Why don't you just stop there. PORTER: Okay. GIFFIN: And stay there. PORTER: All right. GIFFIN: And I'll go down the line. 27 PORTER: Thank you. GIFFIN: Rick, your name and resident address, please. WARSHAUER: I live -. GIFFIN: Oh, speak up. WARSHAUER: My name is Rick Warshauer. I live in the so-called Village area on Anuhea Circle, Anuhea Vacation Lots, I think it's called. Many of those areas were set up as vacation lots and still bear the title if you look at the tax map. Good evening. GIFFIN: Good evening. WARSHAUER: I am sorry it's all so late. GIFFIN: We are, too. WARSHAUER: I'm as tired as you are. And so part of it I'll be brief and get to the point. I urge you strongly to deny the application. I don't think that there's any sense in trying to continue it. I don't think there's any hope in trying to mitigate it. If you really feel, and many people do and I don't deny this, that such a service may benefit some in Volcano, then find a place away from residences and the greater Volcano area and put it there. I know this doesn't serve the Applicant's purpose at all; but if we're talking about impacts on the community, that would solve everybody's problem. And that's the only type of solution; and that type of solution takes planning. I've heard everybody kick planning around. I've heard some pretty flaky interpretations of zonings. I just couldn't believe it. So maybe we alp need to revisit planning a bit and do that. And going on, if you look at a business like this, consider the service area. Sure, there are a number of people in Volcano that would go to get their lumber there, particularly small pieces. But anybody who has got a large lot, wants to build a house, is more likely to go to a place that has more competitive prices in Hilo and have delivery up to Volcano. I think the service area really is that area between Volcano and some place between Volcano and the industrial area of Kailua-Kona, that's zoned Industrial for that type of purpose. We're going to be, this type of business will be intercepting the business that would otherwise go to Hilo. And putting all that businesses in our streets, in our backyards, we'll have to put up with it. It's not just a little bit, we're talking about a lot of potential businesses on that whole side of the Island. It's really developing. And it's a real advantage to the Applicant, because, you know, he gets the jump on the Hilo businesses. So those of you who support Filo, keep that in mind, too. But the impact to the people and community in general in Volcano is a lot bigger than has been explained, and a lot bigger than the picayune mitigations that I've heard discussed can deal with. Noises in Volcano are really noticed. Volcano is a quiet community. Noises carry. Every time a big truck comes anywhere near my house, I can hear it, despite having forests all the way up to my eaves. It just is not adequate to deal with the sounds. And if this typl- of zoning would allow fabrication, if somebody were to do some sawing and hammering to make trusses, and send those off to a job site, that's going to be even noisier. I mean every time somebody builds a house within a few blocks of mine, I can hear it, you know; ;and when the house is finished, then I get my peace again. But this is going to be ongoing; the peace will not return. The impact in Volcano is going to be significant. Vehicles coming in down narrow roads with bad corners are going to have an impact on pedestrian traffic. This part of Volcano has a lot of pedestrian traffic in our visitors, in our children.. There are two, a school and a school, essentially two schools right nearby, with the Keakealani, and the kids are walking on the street a lot. Tourists are walking along. GIFFIN: Rick. WARSHAUER: Yeah. GIFFIN: I'm going to have to ask you to please stop. You can make -. WARSHAUER: Yes. GIFFIN: One more summary remark if you want, but your time really is up. WARSHAUER: Okay. I have points that I wanted to make but they were done much better by Kathleen Porter, and I submitted copies of the article that she wrote -. GIFFIN: Yeah. WARSHAUER: In Hawai' i Island Journal. And I had a few more, but that's all right. I got to the chasc. GIFFIN: Thank you. Commissioners, any questions of the testifier? All right. Sir? CHRISTENSEN: Ke Aloha. It has been a long day for everyone. GIFFIN: Microphone. CHRISTENSEN: Oh, sure. I'm, oh, I got two. I'm Chris Christensen, P.O. Box 741, Volcano. I work in the Village; I live in the back of Fern Forest. I'd like to make a few comments. By the way, I'm the guy with the horns; and it's a dual hom system on the truck, so it's a lot louder than the backing up beeping sound, okay. FUJIKAWA: Now you know. 29 CHRISTENSEN: I'm in support of having this approved; and I realize that noise is probably the main concern that at least you folks have been talking about. And in all due respect, I have to ask why would anyone put a health center and a wellness center on the only commercial road in a village and then expect it to be quiet? I mean there's a very short strip that's commercial; and if you're going to have a center like that, then you have to realize that there are going to be trucks and business. I'm just kind of addressing some of the things that have been said. I'll just make it quick. You know, obviously, there's going to be some noise with the construction. But I believe that the pattern that they're setting up where once the construction is done, it will be minimal. And if you look at the map you can see that there is a buffer there and it's quite far back. I've really been somewhat irritated with some of the comments that have been made and the article that was submitted to you. It's interesting that that was mentioned, you know, it's referring to this as a light industrial area. And they've sent out letters saying it's an industrial area, and that's misleading and it's disingenuous. Because it's not producing, it's a warehouse; and there's a major difference. And even though they've been aware of that, they have circulated material and letters saying that it's an industrial center. So they've been projecting something that isn't true. And if you look around, you see people that are here that would rather be doing something else; but they want services. And the whole point of having the Commercial Village zoning is to provide services in areas where they are lacking. It's so that I don't have to, when I'm doing my work, I'm trying to get it together so I can build a house, I don't have to drive to 1-Iilo, that I can go and get material within a few minutes, as opposed to an hour or hour and a half. I know that there have been suggestions in the article about carpooling, and hybrid cars, and fuel efficiency. Well, you know, that's fine. But I'm not going to buy a hybrid car and I'm not going to carpool when I want to go buy lumber or to get services. I really would like to see not only, you know, the facility they are proposing here, the warehouse, but I'd love to see like a garage, a deli, and a market. So I'm definitely on the other side of the fence, because my idea of a village is a place where people live and they have services. And I feel that a lot of people have raised issues about the trees and that, and they have their bed and breakfast and they have their property, and they want to maintain a certain ambiance that's profitable for them. And they're willing to do it at the expense of other people, meaning that tither people have to go to Hilo to get services and goods, that they're perfectly willing for us to burn fossil fuel going back and forth to Hilo because they want to retain a certain ambiance in the Village that they find marketable. In a nutshell, I'll just conclude that I think that there's more advantages here. And if you look around, again, you'll see that people want the service, otherwise they wouldn't be here. 30 GIFFIN: Right on time. Commissioners, any questions of the testifier? In answer to your question, Mr. Christensen, this body approved the request for a special permit for the adjoining property; and the reason it was awarded was because the application met the cri cria set forth by the County. Sir, your name and resident address. ING: Thank you. Members of the Commission, my name is Wendell Ing. And although I would not be as impacted as my ex, Kathleen, I'm also the lesser disadvantaged adjacent landowner on the back side with the other red square, I guess, which indicates my humble abode. I guess I'd just like to make a few random comments that I, random thoughts I've had while I've been listening to everybody else. For one, I testified the last time we were here, so I don't want to repeat any of that stuff other than to indicate, in general, although I have no problems wit? Maurice's hardware store or restaurant as currently constituted, I'm not in favor of this particular addition to that. And I think Kathleen and Rick actually, Mr. Warshauer, have made some very good points which I agree with. As Kathleen's ex, I am really concerned. We've granted her a permit for this wellness center, and I don't think any of us have any question about the immense impact this will have, even just the construction phase, upon her business. I mean what do you think would happen if you had a wellness center, and then this is going to happen next door? Yeah, well -. Okay, that's number one. Number two, we're talking about the noise. I think the noise also is probably the largest impact. I mean, I don't:know about the other kind of air pollution or that -. But in terms of noise, we don't know= exactly how much noise this would make, but it would appear to be significant. And I question whether or not, like Mr. Warshauer, whether it can be minimized adequately. Everyone feels, I think we all agree goods and services are fine, and that's what a lot of people are testifying on. I think the overriding question we have to decide, though, is this the appropriate place for these goods and services at this point in time in Volcano community's development? Whether, you know, no matter what has happened with Vision 2020, no matter what happens with all the other things, is this appropriate? Will we be establishing some sort of, will you be establishing some sort of precedence for the area that you may come to regret, you know? I mean once, if you grant this, it's done and over; and, you know, then we'll probably have that sort of piecemeal planning for this whole strip, and who knows how much more. You know, should I be going for a commercial designation on the other side? I know, I know it's not in the potential area. The other thing is that, another random thought I had was, yes, it does say Village Commercial eventually for this area, but it's not Village Commercial now. Right? GIFFIN: Right. 31 ING: Isn't that correct? Okay. We're still talking about an area that is zoned something else. We're talking about stretching the definition as far as we can to make these warehouses fit in. If that's really what you guys want to do, then so be it. But I'm not sure that that is the best way for us to proceed in this kind of a situation where there is significant disscntion, there is significant questions to me about the amount of noise the impact was going to have. GIFFIN: Mr. Ing, you have to conclude. ING: Thank you. Yes. Sure. Thank you very much for the opportunity to speak. GIFFIN: Thank you. ING: And -. GIFFIN: Commissioners, any questions? SPRINGER: Madam Chair? GIFFIN: Commissioner Springer. SPRINGER: Mr. Ing, a number of other residents in Volcano Village have suggested that maybe there's a better location for this sort of activity, perhaps not limiting ourselves to those areas that are already zoned Commercial Village. Do you have any thoughts on that? Could you point on the map where such a location might be? ING: Sure. Ms. Springer, in general, I would feel that this is not a desirable area right here in what we call the living room of Volcano. Just like I wouldn't want a big garage. To ane, probably the ideal place would be the area which is only one and a half miles away, down where like, like that area where the old quarry is or the Volcano, toward our Volcano dump area, which I imagine is relatively inexpensive, and it wouldn't matter how much noise. If I can make one last comment. In general, to talk about, just talk about the noise is one thing, when you've done; surveys of the people in Volcano. Even though the Volcano Vision 2020 wasn't aborted, was aborted, and not passed into law or anything like that, the one overwhelming thing that came out of it was, one, the people in Volcano, why they wanted to preserve their peace and quiet. It was the tranquility as well as the beauty of the area. And like they said, it's really true, it is really, really quiet. You can hear a car going by on the highway, truck going by on the highway. GIFFIN: Thank you. ING: Thank you. 32 GIFFIN: Commissioners, any other questions? Mr. Togashi. TOGASHI: Thank you, Madam Chair. I know you're a musician, Mr. Ing, yeah. ING: Yeah. TOGASHI: And I believe you so -call practice at your home. ING: Yes, and when I have practiced -. TOGASHI: You practice. ING: I try to do recordings and things like that. TOGASHL• And I'm just wondering if you are familiar with, are there some kind of sound attenuation devices that perhaps, you know, could be placed within the storage facilities to prevent sound? ING: In terms of long range solution as opposed to the construction phase -? TOGASHI: Right -. ING: Is that -? TOGASHI: As something -. Because there are heat sensors here being used, and I'm just wondering if there are sound attenuation devices that can be mounted in the - ING: What you do to control noise is you build a structure that has multiple walls. You build a floating floor so that it doesn't go through the ground. You build an interior set of walls with acoustic tile on the inside to dampen the noise, and then those walls free stand from the outside so that it doesn't go out. Then you can actually make a lot of noise inside. The metal, a metal structure, it'll go right through. GIFFIN: Any other questions, Commissioners? Alice, or who is down there, how far does the Commercial .done on that road extend, you know, along Old Volcano Road, on your map? KAWAHA: Okay. So if you look at the location map, the ones in pink are your Commercial zoned areas on the Hilo side of the existing property, and to the Ka'u side, again, these are your Commercial zones. This is at the corner of Haunani Road and the Old Volcano Road. So it's -. 33 GIFFIN: And then what's down there? KAWAHA: These are your Commercial zones on this side. GIFFIN: To the -? KAWAHA: Yeah, these are also your Commercial zones. So it's like two properties or two parcels over from the subject site. GIFFIN: So where, I mean, what is the name of the road that the last, yeah, the end of the commercial corridor is? KAWAHA: This is the Old Volcano Road, and this is the, this is Wright Road. GIFFIN: Oh, so just above Wright Road the commercial corridor ends. So down further towards thic, that dump area, where is that on that map that Mr. Ing was referring to? KAWAHA: It's further down the Hilo side. GIFFIN: What's that light green area on the map and what's that green dot? KAWAHA: This is the Credit Bureau Inn that was approved, it's an eight -room inn. GIFFIN: What's the name of it? KAWAHA: Well, I'm not sure what the name of it is now, but this is -. At the time, the Applicant was Credit Bureau International Trust, that was the Applicant. GIFFIN: Okay. And that light green corridor, what is that? KAWAHA: These are zoned Ag -1 acre. GIFFIN: Oh. KAWAHA: And then for the Commissioners' information, I believe at the last meeting, a copy of the Land Use Pattern Allocation Guide Map was distributed, and the Medium Density Urban -. GIFFIN: Which is, which is what it would be, right? KAWAHA: Which is kind of from here, and it swings towards this side, crosses over and taking care of the CV zoned area. So it kind of like goes in this direction coming down. 34 GIFFIN: So if we were to grant this application, it would be an extension of the commercial area, right? KAWAHA: It would be within the Medium Density, the Land Use Pattern Allocation Guide Map Medium Density Urban -. GIFFIN: I understand that. KAWAHA: Designation. GIFFIN: I understand that. KAWAHA: And -. GIFFIN: But we would be extending the Commercial Zone north. KAWAHA: Yes. And I believe it may be in an approximate area as this other existing, was the Kilauea Lodge and Restaurant. It would be approximately the same depth. GIFFIN: And the General Plan designation is? KAWAHA: Medium Density Urban, which allows for commercial zoned property, commercial zoning. GIFFIN: And, again, that light green area, that corridor is one acre? KAWAHA: These are Ag -one acre. And I believe these are still within the State Land Use Agricultural District. GIFFIN: Commissioner Springer. SPRINGER: Madam Chair, this would be to Staff, I believe. How are the designations such as Medium Density Urban arrived at? KAWAHA: These are within your General Plan document and -. SPRINGER: But how is it arrived at? KAWAHA: I believe this was to take care of all the, most of the existing stores that were there before the Zoning Code and before the first General Plan was adopted. GIFFIN: So it was to legitimatize? KAWAHA: So it would be a non -conforming -. ksl GIFFIN: One came after the other? KAWAHA: Non -conforming commercial areas. SPRINGER: Madam -? GIFFIN: Commissioner Springer. SPRINGER: Madam Chair, a difficulty that I'm having in this instance, but not limited to this instance; is that the LUPAG map designations are driven by either pre- existing uses or land use applications rather than as a direct result of planning and determining -. GIFFIN: That's right. SPRINGER: Methodically where the best locations for certain uses are. GIFFIN: And then we end up with a situation like this -. SPRINGER: Yeah. GIFFIN: And the previous agenda item, you see. What should drive what? You know, is it the cart before the horse or what? It's really unfortunate. SPRINGER: Thank you. GIFFIN: Alice, did you have anything else you wanted to add? GIFFIN: Okay. Is there any other question, Commissioners, that you may have for this testifier? Hearing none, Mr. Lockwood. LOCKWOOD: Thank you. First of all, it's very late, I know, and thank you for being here. I will try and be less than a minute to summarize important thoughts. GIFFIN: All right. LOCKWOOD: The first thing that I want to say is Ken Honma, behind us, Ken Honma's my friend; I've known him for more than 30 years. I respect him in many ways. But what he presented, I wanted to let you all know, it's important every Commission member know, that the view he presented is an extreme minority view. This -. No, it's true. This diatribe against the Volcano Community Association for the 2020 Plan process is an extreme minority view. The people that hold this view, you can tell, they mostly wear pink shirts, but that's okay. Anyway, we have something like 600 members of the Volcano Community Association in truth that could speak and is not speaking tonight, 36 nor am I speaking officially. But with that out of the way, back to what I really wanted to say. This is an extremely divisive issue within our community. It's tearing our community apart, this question of a lumberyard, should it be or not. But I want to point out to you, this is a totally false issue that's dividing our community. The many good people here in their pink shirts and the people who have testified, the gentleman over here that testified, said we need these commercial services within Volcano, we don't want to drive all the way to Hilo and waste ,gas. I absolutely agree with him. I think we should have a lumberyard in Volcano. I think we should have a shopping center when the commercial realities let that happen. I think a rock quarry would be wonderful to have in Volcano. But the critical point before you from a planning perspective, please, is where should these facilities, these industrial facilities, be located? And we shouldn't put the industrial facilities in the middle of our quaint little tourist attractive commercial place. You don't put it on Alii Drive, as I pointed out to you before. So, anyway, in summary, just to make sure you realize, the critical question before us is not whether or not we need this facility somewhere in the Volcano area, but where it should be located. And backing up Mr. Ing, there. are 800 acres of land, Ag -zoned land, you know, across the highway a short distance away, owned in this case by Shipman Estate; and that land there is wonderfully appropriate for commercial, industrial, noisy developments; and I would support that very much. Thank you. GIFFIN: You're very welcome. Commissioners, any questions of Mr. Lockwood? Hearing none, thank you very much. Commissioners, may I indulge you to have the last partof Katherine Porter's testimony be heard. Ms. Porter. PORTER: I'll try to keep this brief. GIFFIN: Thank you. PORTER: I think we're all tired and -. NOMURA: Microphone, please. PORTER: If you're like me, I'm starving. This is a copy of the much maligned Volcano Vision 2020 document. It has in it every flyer, every announcement of every meeting that was sent out and posted and advertised. And, yes, it was flawed in its, you know, in its actuality. But it was a very, very sincere attempt on the part of many people to include anyone and everyone who would come and participate. On Page 4-2 under Economic Interests, it says, one of the bullets, "Consider the establishment of a commercial light industrial area on the makai side of Highway 11, possibly between 'Ohi.' a :Estates and Royal Hawaiian Estates, as needed." So this has been proposed in the Vision 2020 Plan; and it's something that has been looked at. 37 On just this one point that Wendell and Jack and Rick and I have all made in terms of Volcano Village Centcr being like our little living room of our sort of visitor industry community, and not just visitor industry, I mean people all over the Island and all over the State love Volcano for what it is and has been to them. And then I don't know what kind of zoning there is for communities like Wailea, or Holualoa, or Haw -i. But are all of these little communities that are so precious to us all going to be facing these kinds of issues and are, they are going to, are we going to just allow lumberyards and these kinds of things in all of these little Big Island communities? So these are big questions that, you know, you're considering here, and I don't envy you. And it amazes me that you are all volunteers; I really commend you. Since my interest is in wellness, I tend to interpret things from this perspective. And, you know, having lived in Volcano now for almost 23 years, I see Volcano as a very remarkable and unique place. I don't have to recount all the wonderful, natural features that are there. But I thin, -.k what a lot of people don't know and probably what you have really not been able to see is that Volcano is a collection of very wonderful people, in spite of the fact that we: seem to have a lot of problems amongst ourselves. But it's a community that built its own community center with its own many, many volunteer hands. It's a community that has a weekly farmers market that brings us all together every Sunday morning where we might just as easily check in with each other in terms of who might be able to help a sick neighbor or gossip about who's on which side of the lumber issue. But there's a lot of camaraderie and a lot of participation amongst neighbors; and it's a con-timmity of very independent people with very strong opinions, which I'm sure you have all witnessed. So when something like this comes up, it's predictable that people would have different minds. But, unfortunately, the way things have played out over the last dozen years or so in Volcano, decisions have been made, rezonings have been given after the fact. There's a long, sad history of hurt feelings and just disharmony, and wounds that have just never healed. So this is having a drastic effect on the health of the community, and I thine this is just going to continue. It's like there's some sort of systemic infection. And I think that giving this permit or denying this peri -nit just out of hand is sort of a masking of the symptoms and not addressing the real cause. So I would like to make this proposal, and I hope I have it correct, but I understand that the Planning Commission is not the final body to make a decision, that this Commission, in a rezoning, makes a recommendation to the County Council. GIFFIN: Correct. PORTER: That you do not have the authority to say that you would delay making a decision -. GIFFIN: No. PORTER: For a special design district or whatever. GIFFIN: Absolutely. PORTER: However, from what I understand, the County Council does have that authority. GIFFIN: Yes. PORTER: So I would ask that this body, if it is possible, and it may not be, find some way to recommend to the County Council, given what you have been put through time and time again with what's going on in our community, and I believe will continue to go on in our community, is to propose to the County Council that they consider the possibility of postponing a decision until such time as the community can come together with professional trained facilitators in conflict resolution, so that we can address this, you know. This doesn't have to be the way it is. It can be revisited. And anybody who didn't participate for whatever reasons last time because they didn't feel included or they didn't like the way it was being done or whatever would have another pass at it, that people would be required to talk to each other. I mean, right now people I've known for years won't talk to me because I have my concerns about this. This makes me very sad. And it's just, it's a really serious problem. So that's what I would like to say. I know that there are lots of resources available to communities for this kind of a process, and I just think it's time that we all slow down, take a breath. You know, this is what's happening all over the planet. And if we, in a little community like Volcano, can't find a way to live in peace with each other and find a way to bridge our differences, then we may really all be doomed. I don't think -. GIFFIN: Commissioners, any questions of Ms. Porter? Commissioner Springer. SPRINGER: With regard to the document, the Volcano Community Vision Plan, I read in our Background Report on Page 7 that the County Council never adopted it. Was it introduced to. the County Council, however? PORTER: I don't think so; and I'm really not sure exactly what the process was. I know that for the people who were working on this very closely, and I was at one time, it was a process that was so all -consuming, and at the time that it was to be presented, there was a bit of a political thing happening with the board of the Volcano Community Association; and there was just, you know, a lot of this kind of stuff going on. I think for a lot of people it was kind of like falling over the finish line, and I think they kind of just wore out, and burned out, and dropped the ball. I do know, though, I've told by, maybe Alice can confirm this, that the County has used this as a prototype or an example to other communities, as I've been told. KAWAHA: That I'm not aware of. we PORTER: Okay. Well, anyway, I was told that County was very thrilled with it, the Planning Department was very thrilled with this. And so it's something that could be used as an example for other communities. So I'm sure it's not perfect, but it's a great start; and I can't tell you, how much work went into this on behalf of very, very dedicated people. GIFFIN: Commissioner Springer. SPRINGER: Just to comment to Mr. Honma's concern that we might be using that document in our decision-making, except as part of testimony, we are not. It is mentioned briefly in the Background Report, including that comment that it was not adopted by the County Council. So we're not using it in decision-making except as we're exposed to it by the testifiers. GIFFIN: Any other comments or questions? I might add that, that even the attempt at a special design district is going to be, again, quite laborious. I mean this body knows. We worked on its recommendation for the General Plan that is now before the County Council, and that took us many, many, many, many hearings and very long and late ones, like tonight is. But getting back to the issue at hand, Kathleen, I have a few questions to ask you regarding this agenda item. Have you taken a look at the County's conditions of approval in the Recommendation? PORTER: I'm not sure that I have that. GIFFIN: If you don't have it, I know Alice has a copy. And you should have it before you because I have some questions -. PORTER: Okay. GIFFIN: .About it. You and Wendell would be, you know, the closest adjoining parcels. Do you have an extra copy for them, Alice? KAWAHA: Yes. GIFFIN: Earlier you heard, while they're getting you the copy, some suggestions regarding perhaps moving the proposed buildings to the far north boundary, and there was some tally about it being 25 to 50 feet -. PORTER: Thanks, Esther. GIFFIN: Away from it as it is. But then after much discussion, it was determined that it's 35 feet. Sidney, is that what is was, about 35 feet? Would 35 feet make a big difference? 40 PORTER: No. Actually, I don't think it would make much difference at all. GIFFIN: Okay. There was another suggestion actually by our Corporation Counsel that I expressed. If we moved the, or asked the Applicant to move the first proposed building to the side of the proposed second building to the north end so, again, it would be further away from you, what is your feeling on that? PORTER: Well, that would add what, another 150 feet, something like that? Well, that would certainly be better. I don't know how, whether that would be better for Wendell or the other folks who live on the back. GIFFIN: Well, it wouldn't be moving the boundary, the proposed -. PORTER: No, it wouldn't be moving the boundary, but it would just be -. GIFFIN: Boundary. PORTER: Moving the concentration, so, you know, I don't want to speak for them. GIFFIN: Well, there was also some talk about -. PORTER: But for myself, yes, that 150 feet would certainly help. GIFFIN: There was also some talk by Commissioner Fujikawa that perhaps the Applicant can be more, you know, sympathetic and supportive by building the structure with perhaps acoustic sensitive materials instead of pure metal. I don't know, how are those things boding with you? PORTER: You know, Maurice said to me some months back that, something that Chris also said to me, which is that, you know, basically a wellness center doesn't belong where it is. And I'm beginning to think that that may be true if, indeed, this is going to be this kind of a community, you know. This means that you're not going to have room for a wellness center in downtown Haw -1 or Ahualoa, I mean, yeah, Holualoa or places like that. So it's very hard for me to answer some of these questions because I really don't know. No matter how far you push it back, I'm going to hear those chain saws and those bulldozers. GIFFIN: Yeah. PORTER: Especially during the construction phase. GIFFIN: When they're clearing? 41 PORTER: When they're clearing and when that thing is going up. It's, I felt it through the floor when that pond was being dug out, that 300,000 gallon water reservoir was being dug out, it came up through the foundation posts of my house. GIFFIN: I can see that after Alice explained to me with the Volcano map that the corridor, instead of extending north like is being proposed by the Applicant, could easily be extended in the Hilo direction further down on that ag area, or even amongst that -. Isn't there some State property, Alice, further down towards the Hilo side of that map? KAWAHA: That I'm not sure if there are State properties. GIFFIN: I know that someone spoke of the property across the street that was Shipman property, right? PORTER: Well, no, I don't think, if I could say so. I think that the Shipman property that was referred to is the Shipman property that's down near the old quarry, which is across from the Volcano transfer station. GIFFIN: Oh, oh, oh, okay. PORTER: That's down in an area that is, I mean if it were placed properly, it would not impinge on residences, I don't think. I sure wouldn't want to put this in somebody else's back yard. GIFFIN: Because that wouldn't be surrounded by residential. PORTER: Pardon me? GIFFIN: It's not surrounded by residential. PORTER: I don't think so. But I certainly wouldn't want to, you know, suggest putting this in anybody else's back yard, so -. GIFFIN: I agree. PORTER: I would want to think very carefully about how I - GIFFIN: I agree. PORTER: What I propose there. I would like to say that Bobby Cooper, who is the CEO of Shipman Estates, approached me one day and mentioned to me that Shipman does have 300 acres down there. I'm not quite sure why he -. GIFFIN: Okay. 42 PORTER: Told me that but -. GIFFIN: Commissioners, any other questions of the testifier? Mr. Fujikawa. FUJIKAWA: Yeah, going back to the sound of construction noise that you suffered during the construction of the reservoir, I can see if it was right next to your window. PORTER: I'm sorry? FUJIKAWA: The activity was happening right next to your window - PORTER: Right. FUJIKAWA: Of your house. This one here would be further back, so you -. PORTER: It would be further back. FUJIKAWA: Probably wouldn't -. PORTER: But, you know, when it was right next door, it was that whole acre and a quarter from the road to the end of the pond, and what would have been really appropriate today, beyond the car honking, would have been to turn on a chain saw back in the forest. I think you would have been amazed at how loud it would have been, even been with the buffer of trees. So you saw my little 'Ohelo Berry Cottage there. That's one of the primary sources of income. It's very popular. It's full much of the time. I just want to recount what my guests said to me this morning. They looked out the window, they were eating breakfast. They looked out the window and they saw all these people in pink shirts, and they thought they were having a grand opening there. GIFFIN: Any other comments or questions for the testifier? Commissioner Springer. SPRINGER: No, thank you. GIFFIN: Okay. Thank you very much, and thank you for coming. I'd like to call the Applicant back and the Applicant's representative. Mr. Fuke, I wanted to give you and/or your Applicant a chance to respond to some of the comments that were presented and the public testimonies. FUKE: Sure. Since it's very late, I'll just be very brief. First thing, just to make clear, it's my understanding that the TVRs, the transient vacation rentals, they are permissible within the Residential zone, whether you have one or two. The Applicant 43 may have noted there was only one, but in fact there are two. Nonetheless, they do not, at this point in time, constitute any violation, you know, just to set that portion straight. The other thing is that just providing some background in terms of -. You know, the Staff tried to provide some background as far as the reason why this so-called area on the General Plan, which I think the Staff has, you know, provided a copy to the Commission, why that area has been designated as being the Medium Density area. I do have some background because 1, you know, you can tell by the color and the loss of my hair but anyway, you know -. Stretching back to 1971 when the initial General Plan was adopted, and part of the theory behind that was to provide some measure of commercial uses within a centralized area. True, they did use existing zoned or existing zoned as well as uses to help make that determination. And part of the reason why is that they wanted to avoid like this leap -frogging. You know, you have some, you know, these would be all considered grandfathered, and you would have another area that would be provided some commercial uses, or what -. So, you know, I think that there was a lot of rationale behind saying that in every community, you do need to identify a core area, rather than just letting them hopscotch all over without any plan. And so this was this idea, to have this particular area as designated in orange on the map that was provided, you know, to you, set aside for your Medium Density area. I think that what's really important to note is that, and you know, we're fast -forwarding like about 35 years, you. know, 30-33 years. And there is an article that came out in the journal, I don't know what, but it was written by Bonnie Goodell. And she made a very important point, I think, because her point pretty much confirmed the discussion what I just shared with you in terms of the genesis of the land use pattern in that particular area in terms of the General Plan. And one of the things she, if I can just take one minute of your time just to read two of her paragraphs. And she said this. "Since about the mid-1970s, an influx of suburbanites, people who live in Volcano but commute daily to Hilo, has appeared. This, too, is a common pattern. It created Los Angeles, among many other suburban sprawl nightmares, from a network of rural towns connected by narrow roads and trains." And she goes on. But basically what she's saying is that, you know, you have, you need to provide facilities or uses, you know, within the community, otherwise what you're fostering is a lot of this kind of commuting traffic; and further to that is that you don't create like economic generation within the particular area. So you create all these suburban, you know, satellite cities and, you know, you'll be needing like two lanes, and four lanes, and six lanes, you know. And what you're trying to do, even as by virtue if you look in Honolulu, one of the main reasons why they came forth with this whole, the second city called Kapolei was to try to minimize the traffic, you know, people flowing all over and try to create a new, you know, new economic center. The theory behind this General Plan designation is to hopefully have some amount of economic generation within a particular area so that you can minimize this traffic outflow, you know, into an area. 44 Her other point was that she just kind of, well, I don't want to, she said that, "How can people say they support biking, walking, and transit and then oppose places to bike or walk to? How can they insist on their right to choose an auto -dependent lifestyle and not at the same time support the choice of others to live in a complete community?" Essentially, then, you know, this goes back again to so if it's not here, then where do you put it, like two miles down the street or four miles away? And then what do you do? You know, you become more auto dependent. The theory behind this area is to make it as central as possible so that you can then, some people may choose to ride, others may choose to, you know, come by others means, but you know, you create this kind of community. And she kind of says, you remember like the last, the conference two weeks ago, the Ahwahnee principles, talking about trying to create this kind of a self-contained, as much as possible, community? These are the principles she said, pretty much like what Maurice's project is trying to do, attempts to achieve. I think that the other question relates to that land use issue, is that is it a permitted, or is it not a permitted use? I think that what has really been overlooked is the fact that, you know, this is not a warehouse facility, you know, this is a retail facility. And we cannot forget that this is a retail facility. I'll give you an example: A person has a jewelry store. All he or she needs is like a safe to store whatever goods he or she is going to sell. He proposes to sell lumber, paint, and all those kind of stuff. He needs to have his storage area. His storage area is a little larger than the jewelry store, but it's still a storage area. I asked him point blank the question, is this going to be a free standing warehouse area, he being Mr. Thomas, whether this is going to be a free standing warehouse area where people just come and pick up things, and what? He said, no, it's going to be like your Ace Hardware store. If you want to pick up lumber, you want to pick up some paint or whatever, you go down to the main cashier, which is going to be in this particular building. You pay for it and that's where you pick up your goods. So this is, you know, I think there has been some misunderstanding. I mean, sure, you know, because you have a large storage area, you're going to be considering this as a warehouse; that may be on^ interpretation. But, alternatively, this is a retail establishment which requires a larger than normal type of storage facility. I think that if you have the Staff read or if you have the benefit of reading the definition of what warehousing is in the Zoning Code, you will find that this is completely different from what a retail establishment is, what he's proposing to do. Because you have that monetary transaction; and this is, pure and simple, as a means to support whatever monetary is being transacted, you know, on, you know, within that structure. I had one final point, but I forgot. Oh, I know what. I know what. This relates to the design. I think, you know, as, you know, we were looking at all the different operations and all that, and I think I had some discussions with your Staff. And I think your Staff came up with some very good points which I'd like to share. That is to say if you look at the location of the proposed structures right now, you know, paints, lumber, they don't W1 talk. They're not the ones that make the noise. They do not make the noise. You know, what will create noise in this area is when you have the delivery or when you have vehicles coming to and from the property. And so if you flip it around, what you do then is create the more noise: producing activity closer to the side of the property that doesn't want to have the noise. So, in other words, if you push, you know, like what Commissioner, Geri, you know, what you had shared with me, if you put those two buildings, if you put this building right over here as like what you had suggested, then what it means is that this whole area will have to open up into parking to accommodate the required parking area. So what you do is that you increase more of the noise generation closer to the: Porters' home where they don't want to have the noise generated. Alternatively, by making the backs of the building closer to over here, then the noise would be more focused on the Hilo end of the property. GIFFIN: I understand what you're saying. But what I was suggesting was not only moving the first building further north, but then the parking area, to not necessarily open it all up, that that would remain forested and that the parking area would be just in front of the lower, you know, where the building -. FUKE: But it may not -. GIFFIN: That second building is. FUKE: Be sufficient to meet code requirement. You need -. GIFFIN: Mow many stalls would be required? FUKE: Well, you're required like for retail establishment, one stall per every 300 square feet, plus your loading zone. So if you have like 15,000 square feet, that's 50 stalls, yeah, 50 stalls plus your loading area. GIFFIN: And we're talking about 15,000 square feet for each of those buildings? FUKE: These two structures, correct. They're 7,500 square feet as proposed right now. GIFFIN: Maybe we should reduce it. That would reduce the parking. FUKE: Yeah, so all things considered, when you look at the proposed design, you know, it's kind of like our considered belief, you know, that, you know, it provides the mitigation under the circumstances. You know, it's, as I prefaced my comment in the beginning, mitigation is not elimination. GIFFIN: Right. FUKE: Yeah. e GIFFIN: So are you saying then that the Applicant is not in favor of perhaps moving that first suggested structure? FUKE: I`ve checked with him. If the Commission wants the proposed structure to be situated parallel to each other, to the rear, he has no objections to doing that. All we're saying is that it may, you know, inadvertently create more of a problem. GIFFIN: I'm sorry, I didn't mean to cut you off. FUKE: No, no. GIFFIN: Is there anything else you wanted to say? FUKE: We have more. And then again from a visual standpoint, you'd be able, one would be able to see more of the structure, you know, on the property than having it more narrow and extended. GIFFIN: Well, maybe we could mitigate with landscaping, too, huh? Commissioner McCall. MCCALL: Wasn't the first proposal for a single building, which would be equivalent to putting these two together as was being proposed now? FUKE: That is correct. The first proposal called for like one massive structure, which would be still 15,000 square feet. But what they wanted to do was to kind of break it up, provide a little bit more visual break between the two structures. MCCALL: And so -. FUKE: You are correct. MCCALL: Yeah. So, but Planning-, the Planning Department's mitigation of that was this proposal? FUKE: Not necessarily. It was as a result of like all of the different concerns and issues, then we came forth with what is just presented to the Commission, yeah, to the Commission and the Staff, right. KUBOTA: Madam Chair? GIFFIN: Mrs. Kubota. KUBOTA: I kept quiet for a long time, you know. GIFFIN: I was impressed. 47 KUBOTA: You're impressed. You know, I was thrilled because that was my idea, too, yeah, to put the two buildings side by side. But after Mr. Fuke's explanation about the noise factor and opening it up to -. GIFFIN: Parking. KUBOTA: Parking and people moving around, I don't think that was a very good idea. I didn't think that was a, I don't think that's a very good idea. GIFFIN: Commissioner Springer. KUBOTA: I retract. GIFFIN: I'm sorry? KUBOTA: I retract. GIFFIN: Oh, okay. Commissioner Springer. SPRINGER: In the application, a mid -2003 occupancy date is hoped for. At this time, what would your hope be, say the permit were granted, and what would the duration of construction time be? FUKE: Let us assume that the Council, you know, grants final approval, you know, of this matter. I would assume that would probably take like about Jan -, but just for the ease of discussion, January 1St. And from that point, then one would have to prepare construction plans and have it reviewed and processed with the County. So, you know, at the earliest one would be in a position to start construction. would probably be about March or maybe like April, so let's put it at April. So from April, how long does it take? THOMAS: I would estimate six months, four to six months. SPRINGER: So in the winter, October, November or so? And the duration of construction again? FUKE: He said about six to eight months. SPRINGER: Six to eight months. Thanks. FUJIKAWA: I got a question. GIFFIN: Mr. Fujikawa. FUJIKAWA: Okay, we've been talking about a noise condition when the building is up. Now we get into the building construction, the pre -construction, how are you going to work with your neighbors on the sound scheduling, the ways of attack on the, letting them know what equipment is coming in? In other words, are you going to be chain sawing, bulldozing on a Sunday, Saturday? THOMAS: I think we have some of the conditions that were laid out already on the construction, like there would be no, I think no weekend activity, and construction would be curtailed from like 9:00 to 5:00 in the afternoon. FUKE: Commissioner Fujikawa, Condition F, proposed Condition F states during the construction phase of this project, the use of heavy equipment and machinery shall be limited between the hours of 9:00 a.m. to 5:00 p.m. daily. FUJIKAWA: Daily. And then are you going to work with a schedule with your neighbor, who also is conducting a business next door? THOMAS: I didn't -? FUJIKAWA: Okay, you have a neighbor who has a business next door. Are you going to work, share your schedule time with her so she is aware of what days the equipment is going to be here and making all the noise? THOMAS: Oh, yeah. Well, absolutely, that, you know, what we could do is when I tell the contractors, you know, as they're moving equipment or when it comes to be working, that they could, you know, either notify her or they could notify me so I could do the same for her. FUJIKAWA: So, in other words, you are going to work with your neighbors? THOMAS: Oh, absolutely. FUJIKAWA: Okay. Thank you. GIFFIN: Commissioner Springer. SPRINGER: I'm wondering if Mr. Fuke could show us on this map or on this photograph where the boundary line for the CV designation is on this property. FUKE: They're pretty much reflected by those two lines. The first line, you know, right, I guess mauka of the, you know, the pond area. SPRINGER: On the property by the lower store, lower Volcano store? I'm wondering on the County's map there, the commercial -. Yeah. I'm wondering about the furthest mauka line. 49 FUKE: On this map? SPRINGER: Yeah -. FUKE: Or, this map here? I would say that -. SPRINGER: If you know. FUKE: It's pretty much like the extent of the improved area, because recently they made some parking improvements to the rear of the building. SPRINGER: So just to here? FUKE: No. I'm just referring to that area on the makai side, if there is a mauka-makai, makai side of the reservoir. GIFFIN: The makai side of the res -, oh, oh, oh. FUKE: Yeah, the south side. SPRINGER: But on the other property. What I'm trying to get a sense of is proportionately, if this is approved, how that corresponds to what may be that designation on this property. GIFFIN: Yeah. SPRINGER: So the colored area, where the dot is, on the subject property, where the dot is, is that the entire application area or is that just -? KAWAHA: No, it's above this -. I'm sorry. SPRINGER: Yeah. KAWAHA: It's above this purple, the proposed. So I think it should be, right there. SPRINGER: So it's goes to approximate -. KAWAHA: Right about here. SPRINGER: It goes, has a depth of approximately the same depth as on that other Commercial Village designation? FUKE: That's correct. Correct. KAWAHA: Approximately. 50 SPRINGER: Thanks. KAWAHA: Yes. GIFFIN: Commissioners, any other questions of the Applicant or the Applicant's representative? Mr. Fuke, in all your wisdom, and you know I have a lot of respect for you, what other possible configuration could we come up with that would have less impact upon the surrounding neighbor? FUKE: I think what was originally proposed, I don't know, maybe like suggested by one of the Commissioners about moving the building as far north to the extent allowed by the :honing Code. So if this means like moving it -. GIFFIN: Thirty-five feet. FUKE: An additional what, 28 -? KAWAHA: Thirty. FUKE: Thirty-five feet, you know, just moving it that way. I realize that Ms. Porter said that it may have, you know, no impact at all, and possibly not; but I think that that would be more, in my estimation, more in the step in a right direction rather than a wrong direction. GIFFIN: How much space is there between the two proposed buildings? FUKE: 'There was like about 25, 25 feet, 25 to 30 feet. GIFFIN: So then if we moved the north, the proposed northern structure 25 or 35 feet and then we moved the southern proposed structure closer. FUKE: You could pick up maybe 50 to 60 feet, correct. And this goes back again to what Commissioner McCall's original point was, you know, whether the original application called for -. GIFFIN: Right. FUKE: One structure. And maybe with the, you know, if it's, you have a long horizontal structure, it may not be as visually obtrusive now because, you know, of the curve that comes Hi, you know, from the highway. So the idea is that, you know, you, if I'm hearing you correctly is that, you know, you push this building, well, this building up to the rear zoning line, yeah, and then, likewise, you would move this building up to wherever the zoning, wherever the Building Code would allow. And I just explained to the Staff, that if you have like a firewall, then, you know, technically you could have the 51 building abutting each other. So, conceivably, then you could have like maybe about like 50 to 60 feet of additional "breathing room" along this section over here. The original concern that I think we had was, you know, on behalf of the Applicant was that by having these structures over here and this break, at least you have some amount of visual relief, particularly from this roadway over here. However, because as it's being proposed right now, this road will kind of like, you know, curve in and have, retain this natural buffer over here. From this road, basically, you know, you will not have too much of a visual, should not have too much of a visual impact. So that probably, you know, notwithstanding this type of visual impact in terms of the noise impact to the adjoining property owned., owned by the Porters, this would be better, that solution of pushing both buildings back. GIFFIN: Mr. Fujikawa. FUJIKAWA: Yes, Sidney, the gap between the two buildings there, you know -. Well, what I'm trying to get at is there has to be a turnaround point for the truck or you're going to have the back-up alarm all the way back there from the front road. FUKE: That may be the point. But, you know, as it has been proposed over here right now, it was deemed by the draftsperson that there would be sufficient turnaround right in this area, so -. FUJIKAWA: There would be? FUKE: Yeah, if it, what it amounts to then, Commissioner Fujikawa, is if this building were to be right next to the rear building over here, then you would have to relinquish "x" amount of stalls over here. FUJIKAWA: Right. FUKE: Which you can easily pick up on this side. FUJIKAWA: Right. FUKE: Yeah. FUJIKAWA: Okay. Thank you. GIFFIN: Mr. Togashi. TOGASHI: It's probably a stupid question, but what was -. Was any thought given to maybe developing this area on a temporary basis and perhaps relocating later on to a permanent area? I guess not, yeah? I looked at your alternatives here, you know, as far as, you know, best use of the land and -. 52 FUKE: I think that if the proposed use were like a non-structural use, for example, just allowing all open storage, then that would be an alternative. But inasmuch as you have like physical improvements on the property, I think it would be rather a costly proposition, you 'know, for something interim, yeah. GIFFIN: Commissioner Springer. SPRINGER: Madam Chair, I need to call home. I'm - FUJIKAWA: Can we take five? GIFFIN: Would you like a recess? SPRINGER: May we have a recess? GIFFIN: There are number of us that have to call home. SPRINGER: Thank you. GIFFIN: I just want to make sure that immediate questions that may be on the Commissioners' minds have been addressed. SMITH: Madam Chair? GIFFIN: Commissioner Smith. SMITH: I k el a little uncomfortable by forcing the Applicant to move his buildings closer. It may force him to incur, you know, additional costs that he is not aware of. There's fire regulations, etcetera. These type of buildings present a much more intensive type of prevention measures. So forcing the individual to incur this added expense, I think, I don't think we intend to do that, do we? GIFFIN: Was that a rhetorical question? SMITH: That's something to ponder. GIFFIN: Yeah. Mr. Fujikawa. FUJIKAWA: Talking to Mr. Smith, I don't know if that's a fire gap between the building structure, is that what you're referring to? SMITH: Well, I know that the more under roof square footage you have without, that increases the type of coverage that you're required to have. FUJIKAWA: Right. So you, in other words, the separation -? 53 SMITH: So the closer you move the buildings together - FUJIKAWA: The separation is between the -? SMITH: It becomes one structure versus separate structures. FUJIKAWA: Yeah, the separation is needed for breaking the square footage of the structure, right? SMITH: That is correct. FUJIKAWA: Thank you. GIFFIN: Did anyone else have more questions right now before I call for a recess? Okay, hearing none, we are in recess, and we will be in recess for ten minutes. Thank you. RECESSED The Chairman called a short recess at 7:44 p.m. RECONVENED The meeting reconvened at 7:58 p.m. GIFFIN: I'd like to call the meeting of the Hawaii County Planning Commission back to order. Commissioners, we are still on, of course, this agenda item. FUKE: Madam Chair? GIFFIN: Mr. Fuke. FUKE: During the recess, I discussed it, you know, with the Applicant, and further in light of some of the cormnents made by the Commissioners, what we would like to propose, which I think would accomplish what has been discussed, you know, to date relative to, you know, the distance from the existing structures on the adjoining property owner, and that would be like in Condition H-1. There is right now being proposed like an 80 -foot wide natural forest area between the existing reservoir and the proposed structure. ,;Vhat we would like to suggest is that that be increased from 80 feet to 100, excuse mc, 80 to 125 feet. In other words, you would be increasing it by an additional 145 feet. So that would be like, there would be like a 125 -foot wide natural buffer, natural forest cover. What this does is it effectively does two things. It moves all of the proposed activities, the back of the activity anyway, the structure, at least 210 -plus feet, you know, from the existing Volcano Country Cottages, you know, shown on this map here. So you'd have like a net of Lctive distance by way the crow flies of more than 210 natural vegetation, you know, bet teen that dwelling or that structure and where the beginning of any improvements are made on the subject property. And then, secondly, it gives the Applicant some measure of flexibility in terms of like how far back or whether he can consolidate or not to consolidate, you know, those 54 structures. I think Commissioner Smith brought up a good point about like his needing to check it out a little bit further before making a unilateral commitment to attach two structures together, you know, given the proposed length of the structure. But at least it provides them with that nnount of flexibility. So I think that's what it accomplishes. At the same time, if you look at Condition 2, H-2, going back again to the six-foot high earthen berm along the property line where trucks will turn, inasmuch as there will be no trucks turning in that area., maybe the berm is not needed. But in, you know, even if you do have trucks turning, you know, around the back of the property, they will still be mandated by Condition H-3 to still retain like a 20 -foot wide natural landscaping buffer. So when you combine the actual distance between, of over 200 feet between the Porters' cottage and where the proposed activity will begin, you know, perhaps just allowing the 20 -foot wide natural landscaping buffer might be better suitable than allowing that plus constructing the six-foot high earthen berm, you know, along that area. GIFFIN: Commissioners, any reaction to the suggested amendments to the conditions? Mr. Fujikawa. FUJIKAWA: It sounds very good, but then how does it affect the other house back there, the red house? It won't? There's another house in the back here. FUKE: Well, in terms of the existing house, what is known as the Wendell Ing property, you're still looking at a distance of at least more than 500-600 feet. FUJIKAWA: That's in forest? FUKE: Correct. FUJIKAWA: Thick forest. Thank you. GIFFIN: Commissioners, any other comments regarding Mr. Fuke's suggested amendment? SMITH: Madam Chair? GIFFIN: Commissioner, yes, sir. SMITH: I would like to see all references to the berm be deleted and natural forest be enhanced in some way with natural foliage that would not threaten the ' ohi' a trees, help to fortify the sound barrier. I'm sure you would need somebody that's an expert in the field, but I think it would be a lot better than a berm, much more pleasing to the sight, too. FUJIKAWA: I agree. SMITH: Thank you. 55 GIFFIN: Commissioner Springer. SPRINGER: I was going to ask Mr. Fuke if he could point out for me on his plot plan exactly where the berm, which may or not be recommended, is proposed for. FUKE: The way the condition reads right now is that if this area, for example, were used, you know, as a turning area, then you would have a, you know, requirement to put in like a berm over here. SPRINGER: C3kay. It says, how it reads is on the western boundary property line. FUKE: Yeah. This is the western boundary property line. And then it relates to the turning area.. So what we're saying is that inasmuch as there will now be, what's being proposed is not an 80 -foot but instead like 125 -foot natural vegetation setback, you know, from the existing reservoir to over here. You effectively have increased the distance from this structure to where any vegetative cover will be removed by over 200 feet. And, as a result, there may not really be a need to construct the earthen berm along this area and maybe have a requirement to construct, not construct but install or plant understory that would be more in keeping with that area and do some additional muffling of sound in that area. FUJIKAWA: I have a question. SPRINGER: Thank you. GIFFIN: Mr. Fujikawa. FUJIKAWA: Yeah, Mr. Fuke, going back to the berm, how high were they talking about? FUKE: It's a six-foot high berm. SPRINGER: Six feet. FUJIKAWA: Six feet high? Today we were at a house of the next door neighbor on the second floor. No -,A, I don't think the berm is going to help that second floor issue. I much prefer we consider kicking the berm out and actually planting more vegetation there for sound effect. GIFFIN: Any other comments? Commissioner Springer. SPRINGER: I'm wondering if Mr. Fuke could help us with going back to Commissioner Kubota's earlier question of which is the more effective sound barrier, the 56 berm or vegetation. And if we're speaking of vegetation, do you have any suggested species? FUKE: Not off hand. But I was going to, as you were speaking I was jotting down some suggested language, which I was going to suggest that it be deferred, you know, with the Planning, to the Planning Department. Because under the existing Planning Department Rule No. 17, you know, they have to, the Department has to be mindful of as much as possible the use of native vegetation. And if you have a condition that would say something like this here, Condition, what is now being proposed as H-3, so you have "A 20 -foot wide landscaping buffer shall be installed to include the existing forest cover," and the new words would be, "and supplemented by additional understory in keeping with the area's character pursuant to Rule No. 17, along the western property line." SPRINGER: So the question which is a more effective sound barrier? Because native species, you could install, you can, for example, you could install a six-foot high earthen berm and then. plant native -. FUKE: You could. SPRINGER: Groundcover on that. GIFFIN: (3n it. SPRINGER: Interspersed with, you know, canopy trees as well as understory trees. So-? FUKE: Well -. SPRINGER: Which is the more effective sound barrier? FUKE: I would think having the earthen berm combined with ground cover, yeah, there's no question I think so -. SPRINGER: Thanks. GIFFIN: Mr. Fujikawa. FUJIKAWA: I think as long as we live here in Hawaii, we have access to some really professional nursery, like Puna Nursery, and those people can recommend various type of trees, fast-growing, that muffles. GIFFIN: I don't think we want introduced ones though. I would think if we're going to do native, the list is limited, you know. And how effective are they, I don't know. I'll wait for Sidney. Mr. McCall. 57 MCCALL: Madam Chair, as a former resident of Volcano, I think we can probably find some species that would work. But to tell you the truth, we are probably best staying with stuff that is a native cover, hapu'u and 'ohi'a. You are going to be hard pressed to find other materials that -. Up in Volcano, a lot of things don't grow very fast, and you're probably better off if they just save the hapu'u when they clear. Then they can just stack them and pile them, you know, fill in the vegetation; and they'll be up, you know, with fronds 15-20 feet up, if it's a good sized one, in six months. There's nothing that'll be better than that so -. FUJIKAWA: That's right. GIFFIN: Mr. Fuke, did you want to add anything? FUKE: I'll defer to the landscaper, I think. GIFFIN: Mr. Torigoe has a suggestion, also, regarding conditions TORIGOE: Thank you, Madam Chair. The Chair asked me to try and come up with some broad language regarding review of placement of structures and construction best practices for purposes of suppression of construction noise, and perhaps to be added to Condition F, which talks about limiting use of heavy equipment and machinery. This is just a general draft language, so, you know, if they have suggestions for anything better, feel free. But to add to that perhaps something like, "Plan approval," which I understand is going to be required under the zoning, "shall include review of placement of structures and review of construction best practices, for purposes of suppression of construction noise." GIFFIN: Commissioner Springer. SPRINGER: And what happens then to H-2? That would be captured -? If the intention of the berm is to indeed suppress noise, whichever is the best suppressor of noise will be utilized in this new language? TORIGOE: I didn't specifically intend to get rid of No. 2. I think that the question of earthen berms is something if the Commission wants to mandate that, in particular, that should stay in. If the Commission wants to replace it with something else, then you may want to, you know, say specifically what you want in there. GIFFIN: Well, I know that my feelings, Commissioners, was that any kind of mitigated features that we would include in the conditions regarding sound suppression be done first before construction is done, so that if the effect is to mitigate sound, that that should be in place before any kind of clearing or, you know, construction begins. Then it would be truly a mitigative measure and not something after the fact. Since we all agree that most of the noise would occur for land clearing and all of that, if we had the mitigation in place first, that would at least put it where it belongs. So where would we put that, and what kind of wording? MCCALL: Madam Chair? GIFFIN: I mean my paper looks like a mess right now. Mr. McCall. MCCALL: Just one point that I think it would be difficult, I mean we could do it, or it, not we, it could be done during, at the beginning of construction or at the beginning of land clewing or the first thing. But you need to cleat- land to get in there if you're going to build a berm or, you know, to take out things. It could be done as one of the first things, but it couldn't be done before any land clearing occurs. GIFFIN: But then what about the sound? MCCALL: A half a day with a bulldozer to clear enough land to put a berm. GIFFIN: So you're suggesting that it be simultaneous, however, it would be -. MCCALL: It could be done as the first thing, yeah. GIFFIN: Yeah. FUJIKAWA: May I say -? GIFFIN: Yeah. Mr. Fujikawa. FUJIKAWA: It all stems on your scheduling, the project manager. They can do it all in a matter of a few days, that's it. But when you procrastinate, that's what happens, the days go by and by and by. But they could do the lot clearing in six days and all the major noise in a matter of maybe two weeks, the most. GIFFIN: Mr. Torigoe. TORIGOE: Thank you, Madam Chairman. Do you know, Mr. Fuke, if blasting is necessary for this project? FUKE: Not to my knowledge, but it just can be confirmed by him. I think that there was some blasting originally for the installation of the reservoir. THOMAS: I'm only going to think of, you know, when you put in a septic system or something like: that, then you would need to -. Mostly they do it with hammers now, but they may blast. I -. FUJIKAWA: May I ask a question? GIFFIN: Yes, you may. 59 FUJIKAWA: What kind of ground level do you have, pahoehoe or 'a'a type of ground? THOMAS: Right now it's pahoehoe. But, you know, when you get down to a certain level, that area has been known to have, you know, some pretty tough rock. FUJIKAWA: Blue rocks. THOMAS: Yeah. FUJIKAWA: I see. So you are going to, from what I've seen today on your elevation, it's going to be almost the same elevation carrying through, right? THOMAS: It actually, towards the back, it actually drops lower. FUJIKAWA: It drops lower? From what you got now? Or it shows the, the topo now shows going down? THOMAS: Yeah, it actually shows, well, we even went back into the forest and had, we took some elevations, and actually we see the drop going down like maybe two, three feet. FUJIKAWA: Se, in other words, you won't be expecting any blasting? You'll probably have a big D8 there and just do the whole works? THOMAS: Yeah. FUJIKAWA: Okay. GIFFIN: Mr. Mina. MINA: Yeah, but what he was just saying right now, you know, if it's a deflated position going down on the bottom, he's going to account for a berm. You know, if the slope is do Amward, the buildings will be built in the down manner instead of an upper level where the houses are. It's going to be pretty much down -. It's going to muffle up the sound a little bit. But the biggest sound going to come, is when the construction time starts, you know, and how long it's going to take to build the building and, you know, for land clearing. That's where the biggest sound is going to come from, on the dozers and whatever equipment they're going to use. FUKE: That's particularly the reason why we had suggested with the Staff, had incorporated Condition F, to limit construction hours to a certain period of time, 9:00 to 5:00 and daily, that's the use of heavy equipment. This would not, however, preclude like if you want to do like some finish work from, you know, doing little bit longer, extended hours or a little earlier. But that would not be noisy because, you know, the bulldozers, as you mentioned, you know, are the ones that generate most of the noise, the loud noise. GIFFIN: So that would be during the hours of the wellness center, too, though, yeah. FUKE: That's correct. And I think that if I can just kind of put like a little sideline. You know, it's understandable that there is concern on the, during the construction phase. But I think what, you know, I would request that the Commission also be mindful of is that if this were not a commercially rezoned, I mean, you know, we're not coming in fora commercial zoning, and if instead that the Applicant is proposing to construct maybe four or five more dwellings on the property as the present zoning allows, there would be no limitation, you know, in terms of the level of vegetation that's going to be denuddd on the property, when the construction is going to occur, whether there's any limitation in the hours of operation, so on and so forth. And I just kind of want to share that with the Commission. And I was a little bit more focused more particularly on the, you know, being mindful of that, being, then focusing more on the impact when the structure is up, because that's when you have the use. GIFFIN: Commissioners, any other questions? So the suggested wording for Condition F, Mr. Torigoe, could you review that again? TORIGOE: Okay. Plan approval shall -. Sorry. "Plan approval shall include review of placement of structures and review of construction best practices, for purposes of suppression of construction noise." And if you wanted to add something that would require that "all construction noise suppression measures shall be installed prior to any other construction work." GIFFIN: Okay. Any more discussion regarding this agenda item? KUBOTA: Madam Chair? For clarity, what happened to H-2? Do we have new verbiage for that or is that to be left as is? GIFFIN: Again, that western boundary would be the boundary that is National Park side, right? Yeah. TORIGOE: Yeah. GIFFIN: Okay. Okay. Yeah. Plan review is done by the Director, right? Okay. KUBOTA: Leave it in, as is? GIFFIN: Yeah. KUBOTA: What about the -? 61 GIFFIN: I haven't heard anything to the contrary. KUBOTA: What about Mr. Fuke's suggested verbiage? GIFFIN: You know, I didn't copy anything like that down? KUBOTA: Huh? GIFFIN: I didn't copy anything. Did you copy something down? KUBOTA: No, I didn't. I was going to have him read it over again. FUKE: Well, what I was going to -. KUBOTA: It's late. FUKE: Yeah, what I was going to suggest is that Condition H-1 be changed from 80 feet, the 80 feet natural -. KUBOTA: Yeah, I got that. FUKE: Yeah, okay, to 125. KUBOTA: Yeah, I have that. FUKE: Number two, you know, we're recommending that it be deleted; it's the Commissioners' choice. Condition H-3 to read, "A 20 -foot wide landscaping buffer shall be installed, to include the existing forest cover," and this is the new verbiage, "and supplemented by additional understory in keeping with the area's character pursuant to Planning Department Rule No. 17." And if you're going to accept Condition No. 1, H-1, then I would recommend that Condition 4 be deleted. KUBOTA: Madam Chairman, may I speak with Mr. Fuke? GIFFIN: Sure, Mrs. Kubota, you may. KUBOTA: In your suggestion for deletion of No. 4, is that because the buildings will be pushed back so that there's no need for this? FUKE: That's correct, that's correct. 62 KUBOTA: Thank you. GIFFIN: Roy, how do you feel about the deletion of Condition H-4? TAKEMOTO: The deletion of H-4 goes hand in hand with No. 1. So if you accept No. 1, I think you have to accept No. 4. GIFFIN: Accept? TAKEMOTO: Yeah, if you accept the change to No. 1 from 80 to 125 -. GIFFIN: Then we have to what? TAKEMOTO: You have to delete -. GIFFIN: Oh, okay. TAKEMOTO: The 4. KUBOTA: And I think for the purpose of, Madam Chair, may I have the floor? GIFFIN: Yes, Mrs. Kubota. KUBOTA: I keep forgetting that, it's late. GIFFIN: It is. KUBOTA: And for the sake, for the purpose of a sound insulation, I think accepting No. 1 would be the way to go. Yeah? I think. GIFFIN: Commissioner Springer, did you have any feeling about the berms? SPRINGER: I think that they're probably a better sound barrier. GIFFIN; You do? SPRINGER: Yes. GIFFIN: And so your feeling is to keep H-2 in? SPRINGER: And the berms can be planted with native species that are low growing, and there can still be mid-level and higher level canopy. TORIGOE: You can stick that in, too, after construction is completed the berms shall be planted in native species. 63 FUKE: Madam Chair, with respect to that, can I just ask a clarifying question? GIFFIN: Okay, wait, one minute, one minute. What was that? TORIGOE: You can stick that in, too, "After construction is completed the berms shall be planted with native forest species in keeping with the surrounding area." GIFFIN: Oh, yeah, yeah, why don't you say that? Mr. Torigoe. TORIGOE: Oh, no, I was just amplifying on what Commissioner Springer was saying that you could stick something in that says, "After construction shall be completed the berms shall be planted with native forest species in keeping with the surrounding area." GIFFIN: So where would we put that by, 2, H-2 or after -? TORIGOE: Well, if you're having berms just stick it on to that H-2. GIFFIN: Two, why don't you write that verbiage in so that when we read the final thing, actually, that's okay, just -. Mr. Fuke, I'm sorry, will you please? FUKE: Oh, sure. You know, you see the two loading areas on the existing plans, I mean, like that plan over there. That is the area where the trucks presumably would be doing their turning movements. I mean, you know, if you take that plan as fixed. So because Condition H-1 ties into the turn around area for the trucks, does that mean then this condition, proposed Condition H-2 would not be applicable inasmuch as the turning area is not adjacent to the western or Kau property line? The question is like when does that berm requirement kick in. You know, because it's tied in to where the trucks will turn around. So if the trucks do not turn around, if the trucks turn around all on the Hilo side or eastern end of the proposed building, does this requirement apply? That's my question. GIFFIN: Mr. Takemoto. TAKEMOTO: I'm trying to follow this. Okay. We push the two buildings up to touch the northern boundary, right? Do we reduce the distance between the buildings as well? GIFFIN: He said no. FUKE: It may. No, no, no, it may. 64 TAKEMOTO: It may. Okay, so right now the turn around is where there is the distance, the space between the two buildings, right? FUKE: No, the turn around area is all on the Hilo end, you know, where the parking area -. If you look on the small, the reduced size map that was provided to you, you see two identified areas, where the loading area is? That presumably is where your turn around areas will be. TAKEMOTO: Okay. I see two loading areas, yeah? FUKE: Correct. TAKEMOTO: One in this, corresponding to the space between the two buildings and then one at the -? FUKE: At the far north end. TAKEMOTO: Fay- end of the far building? FUKE: Correct. TAKEMOTO: Yeah, okay. So right now given this existing configuration the berm would be where the space between the two buildings are? GIFFIN: No, it would be on the western side, right? TAKEMOTO: Yeah, yeah. FUKE: Well, that's my question. TAKEMOTO: Yeah, so it would be on the western side where the space between the two buildings are, right? GIFFIN: So not where her, not where your poker is, it's further down. TAKEMOTO: Yeah, at the boundary. GIFFIN: At the boundary, Alice. TAKEMOTO: At the boundary, Alice. GIFFIN: No. TAKEMOTO: No, no, no. KAWAHA: Here? 65 TAKEMOTO: Yeah, at the space but where the boundary -. GIFFIN: You see where the boundary - TAKEMOTO: Yeah, right there. GIFFIN: Exactly. TAKEMOTO: Yeah, right there. MCCALL: But you couldn't, the problem is you couldn't get there without taking out all the native vegetation. FUKE: That's the irony behind that. MCCALL: Yeah. MCCALL: Yeah. I mean, I think that would cause more damage than good. FUJIKAWA: Right. MCCALL: You'd end up with, you'd have to clear the whole thing there to produce a berm. FUJKAWA: Right. MCCALL: You know, you can't carry five -gallon buckets of soil there. GIFFIN: No, no, no. But, I mean, it could be replanted, right? MCCALL: Yeah, but you're probably talking -. If you had the whole thing out and replanted, you're talking five to ten years before you had something that was as good as what you have right now. SPRINGER: In terms of forest? MCCALL: In terms of forest. TAKEMOTO: Can I -? SPRINGER: Mr. Takemoto. TAKEMOTO: And I think maybe we're confusing the function of the berm. So if the purpose of the berm is to attenuate noise during construction, having it where, as it's worded, at the turn around, it's not going to mitigate construction noise. But if it's to :. mitigate noise during operations from the turn around movements and we're pushing it back now so many feet, teen maybe Mr. Fuke's question of whether the berm is really necessary now -. Because its function to attenuate noise at the turn around is kind of mitigated by the distance, increased distance, yeah. GIFFIN: Commissioner Springer. SPRINGER: And I guess I, too, had thought that the berm was at the southern side of the southern building where there's a clearspace, so I was mistaken. Can you show me on the map where the berms are going to be? FUKE: That was my question, yeah. GIFFIN: No, down, back, yeah, right there. FUKE: That was my question. So -. SPRINGER: So it's where that is. And then I see from, as it's drawn clearly, that would require removal of a forest. But in the southern location -. GIFFIN: It would be remaining. SPRINGER: Yeah. FUKE: And if, in fact, like there would be that gap, then I would, my interpretation would be, and if it's used as your turning area, then probably it would be, you know, where the trucks reversing back in, then that would be the only area that we're limited to that 6 -foot high earthen bene. SRPINGER: Yes. FUKE: You know, so if that's the understanding, then leaving in Condition H-2 is really immaterial because I don't think that's going to happen. Because with the proposed setback from 90 to 125 feet, you're moving everything back. This area or that's presently a gap now would be closed. They will not use that area as a turning area. SPRINGER: On the southern side? FUKE: Correct. SPRINGER: Thank you for the clarification. GIFFIN: So then you're not opposing leaving it in? FUKE: Well, with that understanding because, yeah -. 67 KUBOTA: Why are we leaving it in if it's not going to happen? GIFFIN: Okay. KUBOTA: My question is why are we leaving it in if it's not going to happen? MCCALL: Why leave it? We're not. FUJIKAWA: Right. GIFFIN: Mr. Fujikawa? FUJIKAWA: That's the reason why I'm against the berm. Any time you put a berm, you're going to have to clear the land, and you're going to strip the land, and you're going to start from zero again. KUBOTA: Wait a minute. I'm not against the berm. I`m against leaving something in that's not going to happen. I'm not against the berm, don't get me mistaken. But if it's not going to happen and the mitigation has been made by changing from 80 feet to 125 feet and that gap has been covered, why are we leaving the construction of a berm in? Because that's the area that it was supposed to be in. That's my question. SMITH: Amen. KUBOTA: Okay. GIFFIN: I've been advised by Corporation Counsel to allow you to speak, so why don't you come forward, mainly because you are the affected neighbor. PORTER: I just wanted to comment on the matter of the berm, I don't see how a 6 -foot berm, no matter how close or far it is would make any difference. I think for a berm to deflect sound it would have to be quite a lot taller than that. So I don't, you know -. I think it's, you know -. GIFFIN: Have you been able to take a look at the map and understand the suggested movement in terms of the buildings as suggested by the applicant? PORTER: I hope you'll excuse me if I get emotional. GIFFIN: Yeah, it's okay. PORTER: My decision is that I do not want to live next door to or have my businesses next door to a lumber warehouse. So if this is approved I'm going to sell my property. GIFFIN: And I think that, you know, there will be more than enough time for you to make a really good decision. Because, like you reminded us, the purpose of this body is not to make .i decision, it's a recommendation. And even then, according to what Mr. Fuke said, the time between tonight's decision and when the County Council will act is still quite a while. PORTER: Right. GIFFIN: And -- PORTER: Which is not a help to me because I'm in this place of very great shift. It would be much more helpful to me for you to be the deciding the body and tell me -. GIFFIN: I .'Know. PORTER: That this is going to happen so that I can make plans. GIFFIN: I know. PORTER: I am in completely in limbo. I'm not able to develop my website or to do my advertising. I'm holding on to what little money I have. I don't mean to sound like a victim here, I know I'm going to be fine. I hope you can understand, though, how terribly disappointing this is. I think Mr. Thomas had a chance to tell me about these plans when I informed him that this is what I was going to be doing before I made, you know, when I went out on a limb -md spent all this money on the renovations and the improvements. So -. GIFFIN: And the only thing I can say is that is the nature of what happened. PORTER: I understand, you know. So -. GIFFIN: You know, this body does not -. PORTER: As far as all these details, though, I'm having a very hard time focusing on them because -. GIFFIN: Oh, okay. PORTER: They're fairly meaningless to me right now. GIFFIN: Okay, thank you. Commissioners, any other comments? KUBOTA: Madam Chair? GIFFIN: Mrs. Kubota. KUBOTA: I think the time is here. And I would like to move that this Commission sends a favorable change of zone recommendation to the County Council on Application REZ 02-011 with several changes recommended in the conditions. I don't have the exact wording, but specifically Condition F, Corp. Counsel's recommendation as read. I, H-1, a change from an 80 -foot wide natural forest cover to 125 feet; deletion of reference to a 6 -foot lligh berm in H-2; and an addition in No. 3 as read by, I guess it was Mr. Fuke. You have all the additions, verbiage, don't you, Alice? KAWAHA: No. I'm going to get his paper after he's done. KUBOTA: Okay. And the deletion of No. 4, Condition H-4. And I think that'll do it. GIFFIN: Is there a second? SMITH: Second. GIFFIN: It has been moved by Commissioner Kubota, and seconded by Commissioner Smith, that the Change or Zone Application (REZ 02-011) be given a favorable recommendation to the Cow, ty Council, along with the background report and the conditions in the recommendation, along with the changes to amend Condition F as read by Corporation Counsel, the addition to H-1 as read by the applicant's representative, the deletion of H-2, the addition to H-3 as read by the applicant's representative, and the deletion of H-4. Discussion? SPRINGER: Madam Chair? GIFFIN: Commissioner Springer. SPRINGER: My reservations regarding this motion and application have less to do with proponents and opponents who have spoken before us during our deliberations. Then a concern that, again the LUPAG Map designations are driven as a result of land use applications rather than sound planning principles. So I carry those reservations with me as I try to decide which way to go. GIFFIN: Any other comments, Commissioners? KUBOTA: Madam Chair? GIFFIN: Commissioner Kubota. KUBOTA: I have sat here from 11 o'clock and pondered over two very, very difficult applications. And I feel I've done as best I can. I know, I know I have not satisfied all parties that are here; but in my heart I know I'm doing the right thing. Thank you. 70 GIFFIN: Commissioner Smith? SMITH: I just want to echo her comments. It's very hard when you've got two good communities pulling at each other, both sides can be right. But we are guided by regulations, so I'll be voting in that accord. Thank you. GIFFIN: Mr. Fujikawa. FUJIKAWA: Well, my decision is going to be quite easier because on this, in the background of construction knowledge, I can see that they could work with the community around, the neighbor; and the sound wise can be controlled from doing operation. I think the hardest deal was whoever pass or, cell tower right across the street from you is the one that got me all kind of excited about this morning. GIFFIN: Any other comments? Hearing none, Alice. KAWAHA: Commissioner Kubota? KUBOTA: Aye. KAWAHA: Commissioner Smith? SMITH: Aye. KAWAHA: Commissioner McCall? MCCALL: Aye. KAWAHA: Commissioner Mina? MINA: Aye. KAWAHA: Commissioner Fujiikawa? FUJIKAWA: Aye. KAWAHA: Commissioner Togashi? TOGASHI: Aye. KAWAHA: Commissioner Springer? SPRINGER: Yes, with reservations. KAWAHA: Chairwoman Giffin 71 GIFFIN: Yes, with many reservations. KAWAHA: Chair, the vote passes with eight ayes. GIFFIN: You'll be informed in writing of tonight's actions. The discussion ended at 8:40 p.m. 72 Respectfully submitted, Sharon M. Nomura, Secretary