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HomeMy WebLinkAboutCOM 0047.000 2002-2004Harry Kin] Mayor Dixie Kaetsu Managing Director Peter T. Young Deputy Managing Director COUNTY OF HAWAII - - 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawai v 96740 (808)329-5226 • Fax(808)326-5663 December 2, 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: State Land Use Boundary Amendment Application (SLU 02-006) Request: Agricultural to Rural Change of Zone Application (REZ 02-014) Request: A -5a to RA -2a Applicant: Robert D. Fischler Tax Map Key: 6-2-11:25 Change of Zone Application (REZ 02-015) VApplicant: Kaloko Development, Inc. Request: Limited Industrial (ML -la) to Industrial -Commercial Mixed Use (MCX-1 a) Tax Map Key: 7-3-51:66, 67. 68 and 69 As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above -referenced requests. ra Hrry Kim Mayor Enclosures Bill 19 cc: Planning Department Comm. No. File No. Z Ref. To: Ref. Date DEC 13 2002 Harry Kim Mayor 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 02-015) Applicant: Kaloko Development, Inc. Request: Limited Industrial (ML -la) to Industrial -Commercial Mixed Use (MCX-la) Tax Map Key: 7-3-51:66, 67 68 and 69 The Planning Commission, after a duly held public hearing on November 1, 2002, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 4.383 acres of land from Limited Industrial (ML -1 a) to Industrial -Commercial Mixed Use (MCX-1 a). The project area is part of the existing Kaloko Business Park abutting Hina-Lani Street and Olowalu Street, approximately'/4 mile east (mauka) of Queen Ka`ahumanu Highway, Kaloko, North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant is requesting a change of zone to Industrial -Commercial Mixed (MCX-1 a) zone district for approximately 4.383 acres of land. Should this rezoning request be approved, it will allow the applicant to develop a 72,000 square foot building for various commercial and industrial lease space. The applicant may also decide to sell off individual properties and develop a smaller building. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 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, but ultimately, on the future development of the whole island. The proposed change of zone request from a Limited Industrial (ML -1 a) to a Industrial -Commercial Mixed Use (MCX-1 a) district classification would further the County's goals of providing an economic environment which allows new or existing businesses to expand and diversify the County's economic base, and thereby also increase the choice of occupations. The proposed request would be consistent with the following goals and policies of the General Plan Economic, Land Use, Commercial and Industrial Elements. Economic Element • Provide residents with opportunities to improve their quality of life. • Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. • The County of Hawaii shall strive for diversity and stability in its economic system. • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. • The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. • The County of Hawaii shall strive for full employment. Approval of the applicant's rezoning request would allow for the establishment of a business/industrial complex that will generate substantial direct and indirect jobs and expenditures that will be made in support of the proposed development through wages and material purchases during construction and at build -out. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. It is also intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall Land Use goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. These state the following under the Land Use Element: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Zone urban- and rural -types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access and public need. Commercial Element Following an examination and analysis of present and past situations concerning commercial development, the following goals, policies, and standards have been set forth. 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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 • Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers and transportation systems. • Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. • The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. • Off-street parking and loading facilities shall be provided. • 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. • 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. Industrial Element The following goals, polices, and standards are set forth to guide the development of industrial areas in the best interest of the County and its residents. The residents must be also made aware of the circumstances resulting from industrial development. Citizen participation, awareness, and most of all, citizen understanding are vital in the development of industrial areas, as in all phases of the planning process. Designate and allocate industrial areas in appropriate proportions and in keeping with the social, cultural and physical environments of the County. It shall be the policy of the County to achieve a broader diversification of local industries by providing opportunities for new industries and strengthening existing industries. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 • Through its zoning powers, the County shall locate industrial areas convenient to transportation facilities, and provide a variety of industrial zoned districts and lot sizes, depending on the needs of the industries and the communities. • The County shall attempt to improve the aesthetic quality of industrial sites and protect amenities of adjacent areas by requiring landscaping, open spaces, buffer zones, and design guidelines. • Industrial development shall be located in areas adequately served by transportation, utilities and other amenities. Redeveloping or newly developing areas shall be developed in concert with programmed public and privately funded infrastructure to meet the expected needs. • Topography of industrial land shall be reasonably level. • Industrial development shall be conveniently located to its labor resource. The subject property is situated within the existing Kaloko Industrial Park - Phases I and II and within 3 miles of the urban core of Kailua-Kona. The subject property is therefore within close proximity to support infrastructure, labor resources, and other similar industrial and commercial areas. This favorable recommendation is conditioned upon the implementation of mitigative measures to ensure that existing public facilities, existing and future infrastructure, and resources are not significantly affected by the proposed industrial/business complex. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The project area is designated Industrial. This industrial designation includes uses such as manufacturing and processing, wholesaling, large storage and transportation facilities and light industrial uses. This change of zone request is consistent with the Industrial designation on the LUPAG Map for this area of North Kona. As previously mentioned, the subject property is situated within Kaloko Industrial Park, Phases I and II and currently maintains a zoning of Limited Industrial (ML -la). Therefore, a favorable recommendation of the applicant's change of zone request to an MCX-zoned district would be a reasonable evolution of existing uses in the area. Furthermore, a favorable recommendation of this proposed industrial -commercial mixed use zoning within this section of Kaloko will continue to provide the basic framework for a concentration of urban activities occurring in an Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 orderly manner as identified by the General Plan and as further defined by the Keahole to Kailua Development Plan. There are approximately 2,910 acres of Industrial zoned lands and about 725 acres of Commercial -zoned lands in the North Kona district. Most of Kona's industrial development is service oriented and located on the northern portion of the North Kona District from Kailua to the Kona International Airport at Keahole. The existing Kaloko Industrial Park is zoned Limited Industrial -1 acre (ML -la) but has transformed, to some extent, into a mixed-use industrial -commercial area over the years. A favorable recommendation of this change of zone request would be complimentary to the land use pattern already well-established within this section of North Kona. The Keahole to Kailua Development Plan, which was adopted by the County Council by Resolution on April 3, 1991, designates the subject property for Limited Industrial uses. The Plan was adopted as a guide to be utilized in the development of infrastructure and land uses in the region. A favorable recommendation of this request will result in uses that are consistent with uses for this area as recommended by the Keahole to Kailua Development Plan. The MCX zoning designation is a relatively new zoning district that was created when the Zoning Code was amended in 1996. In accordance with Section 25-5-130, Hawaii County Zoning Code, this zone district allows for a mix of industrial and commercial uses. The intent is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing non -industrial uses to unsafe and unhealthy environments. The project site is situated within close proximity to schools, commercial areas, employment centers and public safety services. The subject properties are situated along the northern boundary of the Kaloko Industrial Subdivision. Aside from Hina Lam Street located along its northern boundaries, lands surrounding the project site are predominantly developed with various types of industrial uses. Within a two-mile radius of the project site are various limited industrial, commercial, and residential uses. These uses include the Kohanaiki Business Park to the north, Honokohau-Mauka Business Park to the south, and the Villages at La'i'opua residential development and the Kealakehe Elementary, Intermediate and High Schools further to the south. Police and fire services are located within 3.5 miles of the subject properties. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 All utilities and services which are essential to accommodate urban development are or will be made available to the project site. Kaloko-Honokohau National Historic Park (KAHO) is situated roughly 1,500 feet west (makai) of the project site along the makai side of the Queen Kaahumanu Highway. The State Land Use Commission (LUC), in its comment regarding this application, asked the Planning Commission consider its Decision and Order (D&O) dated February 14, 2002 for Kaloko Industrial Subdivision - Phases III and IV to be located on 102 acres of land on the mauka side of Kamanu Street or approximately 220 feet mauka of the subject properties. The LUC recommended that we utilize the D&O as a basis for determining protective and mitigative measures, as appropriate, to address concerns upon public services and facilities and potential impacts upon KAHO. The concerns revolve upon the potential contaminants associated with various industrial and commercial uses within Kaloko Industrial Subdivision from entering the ground through percolation or drainage systems which then travel down - gradient into the nearby coastal areas within KAHO and the entire Kona coastal region, potentially impacting natural and cultural coastal resources. Storm and surface water runoff will be accommodated within the project site in a manner meeting with the approval of the Department of Public Works. To minimize the possible entry of contaminants and pollutants from entering dry wells and possibly polluting groundwater and nearby coastal resources, the County shall require the applicant to provide for mitigation measures to contain spills and prevent material from leaching or draining into the ground or drainage systems. These mitigation measures are subject to approval of the County of Hawaii Planning Department in consultation with the County of Hawaii Department of Public Works and the State Department of Health. All dry (injection) wells must comply with appropriate Department of Health standards. In addition, drywells will be required to be design with a debris catch basin before flowing into the drywell. Oil and water separators will be required on those properties where petroleum products are anticipated to be utilized. These mitigative measures are generally consistent with LUC conditions contained within the Phases III and IV D&O. There are no municipal sewer lines serving the existing Kaloko Industrial Park. Sewage will be disposed of via an individual wastewater treatment system to be approved by the State Department of Health. The Kealakehe Wastewater Treatment Plant is located about 1.5 miles south of the subject project site on the makai side of the Queen Kaahumanu Highway. The County is planning to extend its sewer lines north to the Kona International Airport at Keahole, but no firm schedule for such an extension is yet in place. The County will require the applicant to hook up to the municipal wastewater system if and when it becomes available to service the subject properties. In the interim, we are recommending that the applicant provide for an individual wastewater system (IWS) that will be designed to remove no less than 60% Total Nitrogen from the treatment system and an absorption field of import material which is designed to achieve Honorable James Y. Arakaki, Chairman and Members of the County Council Page 8 no less than 80% reduction of nitrogen while featuring adequate percolation rate and offering additional phosphorus removal. These recommended features of the IWS are generally consistent with LUC conditions contained within the Phases III and IV D&O. With the recommended mitigative measures for drainage systems and wastewater treatment system in place, we anticipate that a favorable recommendation of this change of zone request will not have a significant adverse impact upon groundwater and coastal resources. While the applicant may argue that the subject properties are situated within an existing Industrial -zoned area, that possible argument alone does not warrant disregard for concerns regarding possible groundwater and coastal contamination. While we understand it will be difficult and unreasonable to have someone retrofit an existing industrial complex with these mitigating measures, the fact remains that these properties are vacant of any use or structure. It would be irresponsible for the Planning Commission to disregard the concerns of KAHO when opportunities for the reasonable implementation of mitigating measures are available. For these reasons, we are recommending the implementation of these specific wastewater and drainage systems. We note that some of the other conditions of approval contained within the Phases III and IV D&O are excessive for a reasonably small project. Ground water monitoring programs and the installation of dry lines for future sewer connection are excessive for a project of the size proposed by the applicant. These types of requirements are best applied on a regional basis or within the framework of a master -planned development to ensure a reasonable cost -to -benefit ratio. Primary access to the project site is from the Queen Kaahumanu Highway and the Mamalahoa Highway is via Hina Lani Street to Kanalani or Kamanu Streets then onto Olowalu Street. With the exception of the Queen Kaahumanu and Mamalahoa Highways all roadways are County -maintained with 24 -foot wide pavements within 60 -foot wide rights-of-way. No driveway access will be allowed onto Hina Lani Street. The Department of Public Works (DPW) recommends that curb, gutter, sidewalk and other related improvements be provided along the subject properties' frontage with Olowalu Street. We agree with this recommendation since the requested Industrial -Commercial Mixed Use zoning will allow for commercial activities that will generate a greater level of pedestrian traffic than a typical industrial use. Home Depot is located across the street from the subject properties and that, itself, could be a major attraction. For example, proposed commercial uses on the subject properties could include restaurants and banks that would attract people visiting Home Depot and leading to increased pedestrian traffic. We do not agree that these curb, gutter, sidewalk and related improvements be deferred since the applicant has indicated the possibility of these parcels being sold, further complicating the coordinated installation of the improvements. In addition, pedestrian traffic will be generated immediately once commercial and industrial uses are established on the subject properties. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 9 Potable water to support the proposed development is provided by the County Department of Water Supply. In response to concerns expressed by the Department of Public Works, Solid Waste Division, this favorable recommendation will require the preparation of an approved solid waste management plan for the entire project prior to issuance of Final Plan Approval for any use on any portion of the project site. The County shall also require the applicant to participate and contribute its fair and reasonable pro -rata funding and construction of regional state roadway traffic improvements and programs and its participation and collaboration in a regional transportation planning forum. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The property is located within Zone X, area determined to be outside the 500 -year flood plain. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. Any further improvements to the property must comply with Chapter 27 of the County Code relating to Flood Hazard Control. Based on the above findings, approval of this change of zone request from Limited Industrial (ML -la) to Industrial -Commercial Mixed Use (MCX-la) zoned district would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, an amendment to Section 25-8-3, the North Kona Zone Map, of the County Zoning Code is transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 10 We are enclosing a copy of the staff background and transcript for your information. Sincerely, Geraldine M. Giffin, Chairman Planning Commission Lkaloko02PC Enclosures cc: Mr. Gregory R. Mooers Mr. Ed Rapoza/Maryl Realty Department of Public Works Department of Water Supply Planning Department - Kona Brian Minaai, Director/DOT-Highways, Honolulu PLANNING COMMISSION COUNTY OF HAWAFI HEARING TRANSCRIPT November 1, 2002 A regularly advertised public hearing on the application of KALOKO DEVELOPMENT INC. (REZ 02-015) was called to order at 9:33 a.m. in the Ohana Keauhou Beach Resort, Kahalu'u Ballroom, 78-6740 Alii Drive, North Kona, Hawaii, with Chairperson Geraldine Giffin presiding. PRESENT: Geraldine M. Giffin Earl Fujikawa Fred Galdones Jeff McCall Aurelio Mina, Jr. Francis Smith Hannah Springer Grant Togashi ABSENT & EXCUSED: Florence Kubota Ivan Torigoe, Deputy Corporation Counsel Christopher Yuen, Planning Director Alice Kawaha, Staff Planner Daryn Arai, Staff Planner Debbie Chang, Staff Planner Kiran Emler representing Department of Public Works And approximately 6 people from the public in attendance. APPLICANT: KALOKO DEVELOPMENT INC. (REZ 02-015) - Application for a Change of Zone by changing the district classification from Limited Industrial (ML -1 a) to Industrial -Commercial Mixed Use (MCX-la) for approximately 4.383 acres of land. The project area is a part of the existing Kaloko Business Park abutting Hina-Lani Street and Olowalu Street, approximately I/4 mile east (mauka) of Queen Ka`ahumanu Highway, Kaloko, North Kona, Hawaii, TMK: 7-3-51:66, 67, 68, & 69. GIFFIN: Commissioners, we're on Agenda Item No. 2. The Applicant is KALOKO DEVELOPMENT, INC. The application number is REZ 02-015. The application is for a Change of Zone by changing the district classification from Limited Industrial (ML-Ia) to Industrial -Commercial Mixed Use (MCX-Ia) for approximately 4.383 acres of land. Daryn? ARAI: Thank you, Madam Chairwoman. Good morning, Commissioners. Looking at the location map, this is the Queen Kaahumanu Highway, as indicated by this heavy black line. This is Hinalani Street, this black line heading in the mauka-makai 6 -Hl (1501 19) PC direction. The project site is located on the south side of Hinalani Street within the existing Kaloko Industrial Subdivision. Looking more closely with Hinalani Street being on the left side of this site plan, up about one lot away, one lot away, I believe, is Kamanu Street, and Kamanu Street is the street that you get on to get to Costco. So you come off of Hinalani, turn on to Kamanu and head down to Costco. that is the so-called Mauka Road. The project site here comprises of four individual parcels that borders on Hinalani Street as well as Olowalu Street. And just for record purposes, across Olowalu Street on this side of the subject site is the new Home Depot, that's currently under construction. Again, the four properties within the project site is each roughly about an acre in size. So the total area affected by this Change of Zone request is about 4.38 acres. The Applicant's request is to change the existing zoning of the property, which is Limited Industrial 1 -acre, into an MCX-zoned district to allow basic flexibility and uses of industrial and commercial mixed uses. The Applicant's current proposal is for a lease space that will cover the four properties providing about roughly 70,000 square feet of leasable area. The Applicant has noted that there are also other options that are floating around, possibly the sale of individual parcels and the reduction of this proposed 70,000 square -foot complex. So it is somewhat fluid in the proposal. But I should note, again, the request before you is for a Change of Zone. It is not to approve a specific project such as this. The Planning Director has reviewed the request and is recommending favorable consideration, subject to conditions of approval. I should note that some of the conditions of approval will require the Applicant to provide roadway improvements along its frontage along Olowalu Street, the primary curb, gutter and sidewalk improvements, as well as possible street channelization improvements to assist people making a left turn into the proposed project side. No access will be permitted directly onto Hinalani Street. We have been in discussions with the Applicant as well and, with that in mind, we would like to offer an amendment to the proposed conditions of approval that's attached to the draft bill before you for this Change of Zone request. And that is to Condition G, as in Gary. I should clarify, this lighter gray area is the existing Kaloko Phases 1 and 2, about, roughly, 85 lots, I believe. The State Land Use Commission, and the Commissioners may recall a recent Change of Zone for Phases 3 and 4 of TSA located just mauka. You may recall, also, that the Decision and Order within the TSA State Land Use Boundary Amendment had some pretty detailed conditions regarding wastewater disposal and the like. The project site is not within the TSA project site just to let you know. Itis within the existing Kaloko Industrial Subdivision. However, in recognition of the project site, its location is makai of the TSA site or down gradient and located also mauka of the Kaloko-Honokohau National Park. 2 The Department has considered incorporating a Condition G, which is that the Applicant should design a wastewater treatment system that will provide for certain levels of nitrogen and phosphorus removal. Upon further discussions with Department of Health and the Applicant, we realized that providing a system like this, I mean, we're just not sure exactly whether or not it can be reasonably accomplished. That being said, we wanted to come up with a revised Condition G, which is the second, the language underneath, it says, "Revised Proposed Condition." And what that revised language, instead of me reading it all the way through, is it'll provide greater flexibility to the Applicant and to the Department to consider the various type of wastewater treatment systems. If in coordinating with Department of Health and the Applicant's research into whether or not a system can be designed reasonably to accommodate this project, if it cannot be done reasonably, then we have the option of just going with regular Department of Health standards. GIFFIN: Daryn, what is reasonably? ARAI: That's something that will be at the discretion of the Planning Director. For example, say, if such a system can only be reasonably designed for a much larger type of project to make it like cost-effective, for example, then it'll be at the Director's discretion whether or not the so-called cost -benefit ratio would be warranted or deemed reasonable. GIFFIN: Commissioner Fujikawa? FUJIKAWA: Daryn, the question on this here, does it pertain to the Applicant the type of business he's going to conduct? If it's all dry goods store front, why does it have to go to the extreme? ARAI: Right now, we are approving, oh, I'm sorry. Oh, I shouldn't have said approving. We are recommending favorable consideration of the Change of Zone to an MCX district. We're not approving any specific use, function building. That being said, once the zoning is in place, it should be able to accommodate a range or mix of uses, potential uses. As I mentioned, even the Applicant has not offered to us any specific uses. Theyjust want to put up a 70,000 square -foot leasable space. So, the facility and wastewater disposal system should be, in my mind, readily able to accommodate that kind of flexibility and use; and that is the whole reason they're going into an MCX-zoned district. GIFFIN: I didn't mean to interrupt you. Were you pau with your spiel? ARAI: Is that what you call it? Okay, yeah, I'm done. GIFFIN: Okay. Commissioner Springer? SPRINGER: Should this application be approved and the Planning Director has the sole discretion regarding the exploration and application of all reasonable means of implementing the IWS, is there an opportunity for review and appeal of the Planning Director's decision by the public? ARAI: Maybe the Director can also jump in if he feels the need to, but the conditions of aproval gives the authority to the Planning Director. If the Planning Director does something that the Applicant disagrees with, there may be an opportunity to appeal before the Board of Appeals because they're appealing an action of the Planning Director. SPRINGER: Yeah, I'm concerned about the public, not the Applicant. YUEN: Well, first, on whether the Applicant can appeal, it's an interesting question. I'm going to ask Ivan because it's, what Daryn said is definitely true that both the, well, the County Charter says that the Board of Appeals hears appeals from the final decisions of the Planning Director. Normally, that relates, I haven't seen an appeal of the enforcement of a zoning condition. Certainly, things that are done, administrative permits that are granted or denied by the Planning Director like variances or subdivision applications, plan approvals, with those, those are directly appealable to the Board of Appeals. This one, I'm really not sure. It may be or may not be. But the rule as to whether it would be appealable by the public versus the Applicant would be the same; but the public, whoever appealed it, would have to have standing to do so. That would be the difference from the standpoint of the public; and they would have to show some kind of interest apart from a member of the general public. GIFFIN: Mr. Torigoe? TORIGOE: Thank you, Madam Chairman. Mr. Yuen has basically stated, I think, correctly the general lay of the land, with respect to appeals from the decisions of the Director; and I don't know of any specific case along these lines that has occurred. But I would expect that the Applicant's attorney, if they had problems with this particular condition, would certainly consider filing an appeal with the Board of Appeals. And then, you know, the exact scope of the jurisdiction of the Board of Appeals would have to be shaped in the hearing process; and I suppose their attorney might also look at challenging the condition itself if they feel it's not reasonable or clear enough. So there may be a range of options along those lines that can be explored. SPRINGER: Madam Chair? GIFFIN: Commissioner Springer? SPRINGER: My concern arises from the discussion during that previous application that has been made reference to and the concern with the re -authorization, I think it was, of the Coastal Zone Management Act in the interest of Kaloko-Honokohau National Historic Park. So it seems as though there might be room for debate on what is 111 reasonable with regard to cost benefit. And I imagine that the National Park Service at Kaloko-Honokohau, for example, might be a sector of the public that could apply for standing. GIFFIN: Mr.Torigoe? TORIGOE: What's the question? GIFFIN: If that is true, what Commissioner Springer said, that the National Park could show that they were distinct from the general public that, therefore, they would be awarded standing -? TORIGOE: You know, it's, I mean it's possible, depending on what the factual situation is. If they can show that there were some, you know, clear impact on them, then there might be a basis for arguing standing. ARAI: Madam Chair? GIFFIN: Yes, Mr. Arai. ARAI: I'll make this real brief. But the whole premise of this Condition G, please understand that the reason behind it is because of comments from the State Land Use Commission and that's contained in your background report; and all they ask is for us to consider it when weighing this Change of Zone. The IWS with a 60 percent, I think, nitrogen reduction or something, that is up and beyond all existing standards at the State Department of Health. So the premise of Condition G is we're asking the Applicant, please, explore the possibility of putting in something that's much beyond current health guidelines; but at the same time if it's not something that can be reasonably done, then we can just go back to Department of Health standards. So, at this point, we're asking them to at least look at it and explore the possibility of putting it in. That's the main reason for the condition. GIFFIN: Commissioners, any more comments of staff? Hearing none, will the Applicant and/or the Applicant's representative, please come forward? Will you please raise you 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: Greg, please state your name and residence address? MOOERS: My name is Greg Mooers, my address is P.O. Box 1101, Kamuela, Hawaii. GIFFIN: And you, sir? RAPOZA: Edward Rapoza, P.O. Box 2077, Kailua-Kona. GIFFIN: And, Greg, have you and your Applicant received the copy of the County's background report and the recommendations? MOOERS: Yes, we have. GIFFIN: And a copy of the proposed revised Condition G? MOOERS: Yes, we have. GIFFIN: Any comments? MOOERS: I've got a few comments I'd like to make. But maybe before I start, I'd like to ask Mr. Rapoza if he could explain what the goal was as far as going from a Change of Zone, because the property is presently zoned Industrial. GIFFIN: Mr. Rapoza, and you represent the Applicant or are you the Applicant? RAPOZA: I represent a hui of people of which I'm included in. GIFFIN: Thank you. Have a seat. RAPOZA: Thank you, Chairwoman. We purchased the property and realized that it's zoned ML -1 a; and there are number of uses going on both industrial parks in Kona, both the Kaloko Industrial Park as well as the Liliuokalani Industrial Park. There are number of retail uses going on in both parks. I advised my partners at the time of purchase that although there are a number of those types of uses being done in both parks, I felt that going to the MCX zoning would be a more appropriate zoning and to meet the Zoning Code. So I recommended to them that we go through the MCX zoning to meet more appropriate uses rather than going forward with a ML- Ia and doing retail uses in that, because it doesn't really fit the Zoning Code in my opinion to the T. So they agreed and we decided to apply for the MCX rezoning. GIFFIN: Greg? MOOERS: In the background report, the staff has done a very good job of identifying the potential uses of both the ML zoning and MCX; and, obviously, the net effect of it is that some of the heavy industrial -type uses are eliminated and more the commercial and retail -type uses are added. In that regard, we feel that the impact of the project is actually going to be less than that if it were a regular industrial use; and that we do have some concerns about some of the proposed conditions. The first, we might as well start with Condition G because that's the one that's being discussed at this time. Presently, under the Industrial zoning, the Applicant elected to, they could comply with the wastewater treatment system by complying with the Department of Health. The condition, as written, raises some concerns. For the last three days since I received a copy of the conditions, I've been trying to get a handle on really what type of plant this is; and I really am, I'm not much closer now than I was before. I started speaking with members of the Department of Health, both in Hilo and Kona and then in Honolulu; and they are not comfortable with this type of system because it's not part of their requirements. So they can't give me a very good handle. And I have talked with a couple of private engineers, and the range is pretty dramatic as far as whether it's just a septic -type system with some bio -filters in it or whether it really blows into a full - on treatment plant. And, you know, we're uncomfortable with the language requiring it because we're not sure what it is that we're being required to do. We're also a little bit uncomfortable because we've been told that in order to have a plant of this nature certified, it would have to be done by a national body and not by the Department of Heath because they wouldn't certify this type of a system. So that causes us some discomfort. We're not opposed to the revised condition and I think it gives a certain flexibility there. But our concern is that, you know, we've been asked to accept the condition that we're not real clear as far as what it really means and the implications. And, as I said, we feel, in general, that we've gone from a more of a heavy industrial -type use to a more of a commercial type use and, really, our impact should be less. As far as wastewater, we don't think it's a particular problem. But if the Commission elects to go with the Condition G, we would propose that Condition G be the revised one and not the proposed one. GIFFIN: Just a minute. On that, I'm really glad you're grabbing the mike because I was going to ask you. Mr. Yuen? YUEN: The Condition G, as written, would have tracked the language of the Land Use Commission Decision and Order for TSA. My understanding of the kind of system that would suffice to do that, from reading the transcripts of the testimony at the Land Use Commission, was on the, it's basically an enhanced septic system, septic tank system. Under your current zoning, you'd have to have a septic tank -leech field system. This condition could be satisfied with an, instead of the septic tank you have one of these aerobic units which are sold off the shelf; and I don't know how much they cost or their size for a different sized project. I'm not sure of the cost of that. Then leech field side, there may be some enhancement to the kind of material that's put in a leech field, more dirt, for example; but that's basically what was involved in the discussions. MOOERS: Yeah, I read the Decision and Order in the background report on the Land Use Commission's approval and that was kind of my interpretation in reading it. I did speak to Harold Yee of the Department of Health and he indicated now that it would require some sort of a biological removal of the nitrogen in order to achieve the levels we're talking about; and he felt that it would be more of a treatment plant than a septic system. And that's why I'm somewhat confused. And I have talked with so-called 7 experts both private and in public agencies, and I don't feel like I've gotten a definitive answer yet. And so I feel a little bit uneasy recommending to my client that, no problem, it's just going to be a septic system with, you know, an aerobic unit which, according to the Department of Health, that's not adequate. But if that were the case then, obviously, we don't have a problem with that, because we would be doing essentially the same type of thing. And that's why I don't think -. You know, we have a problem with Condition G as revised because, in fact -. On further investigation if it's determined that all it is, you know, is some modification of a standard technology, then, you know, we don't have a particular problem with that. But, up to this point, I don't feel comfortable that that's necessarily the case; and that's why, I guess, we would propose or we would, you know, prefer the revised condition, as opposed to the general condition. Because upon further investigation, if it's determined that that wouldn't be adequate then, I think, you know, we'd like to have the option of looking at it. The other thing I want to point out is that, you know, we firmly intend to sewer this project. And we understand that Councilman Tyler is going to be initiating an improvement district for this area; then, hopefully, this condition would become moot because we would be connected to a sewage treatment plant and there won't be a problem. I noticed in the background report/recommendation there was a reference made that it would be unreasonable to ask us to dry sewer. But, in fact, we do intend to dry sewer because we think that's the ultimate solution. And, hopefully, the improvement district would proceed at a pace that would, you know, not require us to go through an interim measure for, you know, a brief period of time, and we would be ultimately just be connected to the sewage treatment plant, and this condition would go away. GIFFIN: Mr. Yuen? YUEN: Well, the connection with the sewage treatment plant is the best solution. And I can put on the record that the idea behind the 60 percent nitrogen removal is that, is with the assumption that this can be done with one of these units as an off-the-shelf sold system and not with, really, with a mini -sewer treatment plant. If it turns out that you could do only 55 percent with an off-the-shelf system, then as far as I'm concerned, my decision, if I'm making the decision, the decision is set 55 percent, then it becomes good enough. And this was really the understanding with, in all of the, if there is no sewer put in for the TSA increments that just went through the Land Use Commission, depending if there was a way to do this, that was not a complete deal - breaker or made it completely uneconomical to develop the lots in that increment, which would basically have the same economics as your situation. I wonder if you would be adverse to a condition, well, when you say that you could hook in to the sewer, are you adverse to being a part of the improvement district if the sewer is -? MOOERS: No, we're not. We've had that discussion before and we'd participate -. YUEN: Yeah, I wonder if you'd be adverse to a condition that required you to participate in an improvement district that would, ran with the land? MOOERS: We would not be opposed to that condition. YUEN: And then, let me just see how the interim is handled. Because if there is, if you're in the process of development and the improvement district has been approved, then we need to make sure that there's flexibility in how the project is handled so you don't go to great expense between the time the sewer is put in and your possible short term opening, yeah? I think we need to change G as revised by staff. We need to add a statement that this doesn't apply if there has been an improvement district approved or other definite funding for a sewer line to be extended to the property. I think that would take care of it. MOOERS: So the implication would be that if, in fact, the sewage treatment expansion is under an improvement district and if somebody proceeded on the property at this time, they would go to the Department of Health sanctioned treatment system in the interim? YUEN: Right, right. MOOERS: Okay. YUEN: If, if, naturally, they couldn't open without, they'd either have to wait for the sewer line to be put in -. But if we have a sewer line going in for sure, all of the votes have been cast, the funding has been established for the sewer line, then I don't see a problem with having a septic for, if your business decision is you want to open for a year or two while the sewer line is being built, I don't see a problem with having just a septic system in the interim. MOOERS: Okay, well, we would support that condition. GIFFIN: Right. Greg, you said you had other concerns? MOOERS: One is a clarification -. GIFFIN: Are you still on the condition? MOOERS: Yes. GIFFIN: Okay. MOOERS: In Condition F, it talks about a drainage study and so forth and so on; and then the last sentence it says, "Oil and water separators will be required on those properties where petroleum products are anticipated to be utilized." I just wanted to go on the record to make sure what that meant. I mean, does that mean automobiles driving on the site or does that mean opportunities -? I believe in the TSA hearing it was implied that it was really, if you were going to use the petroleum products and some sort of manufacturing or if you're going to have automotive repair shops, things of that nature, I just, I would like just a statement on the record maybe as to what that level of petroleum products use would trigger. I mean, it's a parking lot? GIFFIN: Daryn? I know we had that discussion during the TSA application. ARAI: Just vehicles entering and parking in the parking lot itself is not deemed to be utilizing petroleum products so it wouldn't, that wouldn't be a requirement. MOOERS: Okay. That was the clarification that I wanted to hear. One last area we'd like to discuss is the issue of curbs, gutters and sidewalks fronting the property. In the recommendation, on page 5, the last sentence, it says, "The existing Kaloko Industrial Park is zoned ML -1 but has transformed to some extent to a Mixed Use Industrial -Commercial area over the years; and I think that's the statement that has been made here earlier. In other words, there are already presently commercial operations taking place. There's certainly high volumes of people going to Costco and will be going to Home Depot. However, we do not believe that this has been a pedestrian using the park. You rarely see pedestrians walking on the shoulders. And I have some concerns about constructing a sidewalk, curb, gutter and sidewalk that begins nowhere and ends nowhere. At the same time, we recognize that if the nature of the park changes to be more commercial in nature and there are, in fact, other types of uses, then we would not be opposed to constructing the curbs, gutters and sidewalks that connect to something. But we don't think it's a reasonable condition to build that now. Also, in the justifications for this condition, they say that Home Depot is located across the street and that that could be a major attraction. Well, that's fine; but the sidewalk doesn't cross the street. I think sidewalks that don't connect to anything are more of a hazard. And I don't know how we would write the condition other than to say that we're not opposed to curbs, gutters and sidewalks if it's part of a comprehensive plan, if it's going to be connected to something. But just to build a stamp of curbs, gutters and sidewalks out in front of that property, I don't think makes a lot of sense; and we would like you to evaluate or re-evaluate that condition. GIFFIN: Daryu, you know, when I was reading the background report, I thought that that was in response to, on your background report, page 12, from Public Works, under roadways. Is that correct, Daryn? ARAI: That is correct. GIFFIN: No. 2? ARAI: That is correct. Curb, gutter and sidewalk improvements are like standard requirements by Public Works. I mean, it's just across-the-board. 10 GIFFIN: But listening to what the Applicant's representative said this morning, I understood that it was just a blanket, you know, statement. ARAI: Right. GIFFIN: Is it applicable here? ARAI: Well, while it is a standard requirement of the Department of Public Works, we didn't incorporate it as a standard requirement in our recommendation in a sense that we did think about whether it was appropriate to put it in this particular location within an existing industrial subdivision. So we didn't blindly just carry it over is what I'm trying to say. This is Olowalu Street. Again, Home Depot is right about in this area. GIFFIN: And Olowalu does not come out to Queen K, right? ARAI: No, it goes to -. GIFFIN: You have to go up and around, and then come out Hinalani? ARAI: Or down to Ka -, I forgot the name. There's a street that goes down this way. The Director is recommending a favorable consideration of this request, which is a Mixed Use Industrial -Commercial, because we think it's an appropriate use in this particular area, it's an appropriate transition. Right now, this is the only one within the existing industrial area. There could be the possibility of additional parcels in the area transitioning over to MCX as well. From a long-range standpoint, I think it's appropriate that the curb, gutters and sidewalks do go in immediately before occupancy, simply because once the uses are established on this property, the potential for pedestrian movements would automatically start, will be there. So you need to provide those facilities to accommodate for those type of pedestrian traffic. I was going to say something but I kind of lost my train of thought. Anyway, if I think about it again, I'll make sure to mention it. GIFFIN: Mr. Fujikawa? FUJIKAWA: So, Daryn, the Applicant has to put in curbs and sidewalks. What happens on Home Depot side? They're going to have curbs and sidewalks? ARAI: No. Home Depot currently maintains an existing Limited Industrial zoning. So it would have been nice but it's not something that we can require or force them to put in at this point in time. FUHKAWA: So it's an incomplete street. ARAI: No, I wouldn't say that. See, that is the part. I mean, this is, we're trying to deal, we're trying to coordinate to make sure that roadways in these can support the uses that's being requested. But, again, as lots come in individually for individual zoning, we're trying our best to coordinate the improvement of roads to match the type of uses being requested or to support the type of uses being requested. Doesn't work out really nice all the time but, in this particular instance, we think it is wholly appropriate. GIFFIN: Commissioner Springer? SPRINGER: I'm listening to Mr. Mooers' concern about sidewalks that go to nothing, that connect to nothing else. What about on either side of this Applicant's property on Olowalu Street? Are there roads, gutters and sidewalks, for example, makai on Olowalu? ARAI: No. SPRINGER: Is there any trigger to retrofit the street with roads, gutters or sidewalks? ARAI: I'm not aware of any specific plans to retro. I mean, it is an existing industrial area and normally industrial parcels, at least this particular subdivision, was not required to provide curb, gutter and sidewalk. The Applicant is requesting a Change of Zone, that is why we're asking for the curbs, gutters along Olowalu. Right now, I mean, if they didn't apply for the Change of Zone and they just built or utilized it for industrial uses, we wouldn't require curb, guttering. It's just that they're asking for another type of zoning that would allow additional types of uses. And some of those uses we feel, for example, the retail component, they could put a restaurant there. If I were shopping at Home Depot and I knew there was a Zippy's next door, I would probably go hopping along the street to go to Zippy's. So it's those type of pedestrian movements we're trying to anticipate. I should note that it's true that if we do require curb, gutter, sidewalks along Olowalu, that it would have to end at the property's frontage. So there'll be like nothing beyond that, but it can be engineered to not be dangerous. SPRINGER_ Madam Chair? GIFFIN: Commissioner Springer? SPRINGER: I guess of the Planning Director, is this a negotiable point? YUEN: I'd stick with the recommendation. I think that Daryn has given a good explanation of why we are recommending curbs, gutters and sidewalks in this location. I think it's a standard recommendation for a, what would be a commercial area. It's, if somebody came in with a new commercial area, we would recommend the same 12 thing; and we're not talking about a small project, we're talking about quite a large development with potentially 70,000 square feet of leasable space. GIFFIN: Commissioner Springer? SPRINGER: Since restaurants seem to be a trigger for Daryn's discussion of the usefulness of a sidewalk, there are other restaurants in that area that are not so appointed. So, I guess, again, I would ask if there's a, we might look in the future for some kind of fair share contribution of the merchants in the area to have curb, gutters and sidewalks consistent with nearby uses such as is being required of this Applicant? GIFFIN: The question is to you, Daryn. ARAI: I understand, I'm thinking. I wouldn't recommend fair share at this time, not for sidewalk improvements. Again, all, we're trying to accommodate pedestrian traffic along the frontage, or anticipated pedestrian traffic along the frontage of this property, it's not from theintersection located blocks away. It's on the front of this property. So we feel there is an immediate need -. We feel it's not something that can be put off and waiting until such time a fair share and available funds are able to implement comprehensive curb, guttering of all of this subdivision. Again, keep in mind, this is just the first four lots in the existing industrial subdivision. I don't know what will happen in the future. Maybe the rest of the industrial subdivision could transition over, we don't know. If you may recall, the TSA project site on the mauka, now that is a much bigger project but it has, they applied for and received the same type of zoning, MCX. And I would like to remind the Commissioners that the ordinance does include, wait, I'm sorry, the Commission's recommendation on that application did include the requirement for curb, gutter and sidewalks on all roadways within that project. I'm sorry, I don't have the ordinance right now, so I cannot say if the Council carried that requirement over. GIFFIN: Any other comments or questions? GALDONES: Madam Chair? GIFFIN: Mr. Galdones? GALDONES: Daryn, can you repeat the last statement that you made? Is it the Master Plan for that whole area that curb, gutters and sidewalks is going to be a requirement? ARAI: Not for the existing industrial area. I was speaking about the TSA- Kaloko, Phases 3 and 4, which is on the mauka side of Kamanu Street, mauka of this property. I can't recall how many lots were being proposed. I think it was over a hundred, yeah, but the recommendation of the Commission at that time was for inter -, curb, gutter and sidewalks. 13 GALDONES: So this requirement is only because of the zoning, change of zoning for Commercial? ARAI: To a Mixed Use Commercial -Industrial. GALDONES: So there's a possibility within this complex, within this area, that you may see curb, gutters and sidewalks just fronting a particular property that is for that type of zoning, and you may have spots here and there? ARAI: There is, sure, there's that possibility. It will happen if this, if you do vote, you know, consistent with our recommendation. Again, and as I mentioned earlier, that is the difficulties we're having with incremental type of rezonings. 1 mean, if we could rezone all of the existing Kaloko Industrial all at once and do a master, whatever curb, gutter, sidewalk installation all at once, that would be preferred. But the Applicant is asking for a Change of Zone that will allow for different types of uses than what's currently allowed. Right now it's just pretty much Industrial. They're asking for, now it could be, like I said, retail, commercial, restaurants, other type of uses. And we feel those uses would generate more pedestrian traffic than a typical industrial area; and that's why the added need for curb, gutters and sidewalks. GIFFIN: Mr. Fujikawa? FUJIKAWA: One is for Daryn. I don't know if I read it through this application that they cannot park their vehicle on the street, right? Was it on this application? ARAI: Normally -. Maybe it was the TSA, it's not part of this request. I mean, currently, in this area, they do park along the street at times. FUJIKAWA: Possibly, I have a question with the, Ki. EMLER: I'm sorry, would you repeat it, please? FURKAWA: I haven't asked the question yet. Is there going to be a crosswalk there eventually from the Applicant's property to Home Depot? EMLER: Well, again, we've had discussions before about mid -block crosswalks, and it would have to go through the County Council for approval. FUJIKAWA: I see. Now, if there's a crosswalk, eventually, is it required that they have a sidewalk on both sides or do you cross over the road from a road -to -road -? EMLER: I believe Home Depot is across the street from this development, proposed development, and there is no sidewalk on that. It's because of this, zoning was not changed for that -. 14 FUJIKAWA: Yeah, but my question is that supposing the Applicant has his sidewalk, then he puts a crosswalk to cross the street of the Home Depot who does not have a sidewalk, is it legal? In other words, you're crossing the street into a street again, not to a sidewalk. EMLER: Well, the legality of the crosswalk that you are asking is a hypothetical crosswalk you're asking about, the legality of that comes through the County Council. FUJIKAWA: But then on the engineer part, that's what I'm looking at. Do we need sidewalks on both sides to accommodate the crosswalk? EMLER: No. There are places where there are sidewalk on one side and no sidewalk on the other, and there are crosswalks. So, it has been established otherwise. FUJIKAWA: Thank you. GIFFIN: Commissioners, any other questions? Hearing none, Greg, you had other concerns? TOASHL A brief comment -. TOGASHL I'm sorry, Mr. Togashi. TOGASHL It's just a brief comment. Yeah, that's all right, I was just waiving my -. But, anyway, I believe Daryn made an erroneous comment regarding MCX usage. And you grouped restaurants and retail establishments together as permissible usage? According to this chart that we have, restaurants are permissible but not retail establishments. So I just wanted to get that clarified. Perhaps it might impact on the decision-making by the Commissioners. Or, am I incorrect on this? I was just looking at this chart that, you know, compared ML and MCX usage. GIFFIN: Are you on pages 6 and 7 of the background report? TOGASHL I am, that's right. I'm sorry, it's page 7 and under MCX, item 35, "Restaurants" is "x -ed" out whereas "Retail establishments" is not, or is this incorrect? ARAI: Oh, I'm sorry. The reason, what the "x" stands for are -. MOOERS: Those are permitted uses that appear in both lists. ARAI: In both, yeah, so retail establishments, because it's not "x -ed" out, is only allowed in MCX but not currently allowed in ML. Whereas, restaurants, right above it in 35 is "x -ed" out, so the "x" means it's allowed in both. GIFFIN: It's included. 15 TOGASHL Oh, okay, I'm sorry. GIFFIN: So just the opposite. TOGASHI: Excuse me. GIFFIN: Any other questions? I'm sorry about the configuration of this table. It's very difficult for me to see. So if you could please make sure that you really wave your hands so I can see you, I can call on you more readily. Daryn? ARAI: One last pitch, real quick. I'm sorry. GIFFIN: It's okay. ARAI: I should also remind the Commissioners that currently the site plan shows one big four -acre lot, I mean, the proposal stretches over four parcels. The Applicant is also, one option is the possibility of maintaining the existing lots and maybe selling a couple or more off. So, at the same time, and that's more so why we want the curb, gutter in now. Because, again, if they sell off one lot up here and then they build, and then another lot here and they build on this one, then you're going to have more of a staggered curb, guttering; and both would then attract traffic back -and -forth. So, anyway, just another -. GIFFIN: Thank you. Commissioner Springer? SPRINGER: We've heard some discussion on an improvement district. Is that already in progress or is it, we know that it is about to be proposed? GIFFIN: Mr. Yuen? YUEN: The improvement district is only for the sewer. There isn't an improvement district, generally, for the industrial subdivision. Improvement district ordinance, I see the Council Member raising his hand but I think it's basically pending at the Council right now. SPRINGER: Thank you. GIFFIN: Mr. Galdones? GALDONES: Daryn, one question. Is on -street parking allowed? ARAI: I'm not aware if there's any current restriction from on -street parking. But I should also elaborate that should this MCX zoning be approved, the County Code requires that all parking be provided on-site. So we will be looking for only on-site parking and not on -street parking fronting this property. 16 GIFFIN: Mr. Yuen? YUEN: And one more last comment, and this is not in the interest of advocating one way or the other, but I just wanted to give an overall perspective on the reasons for different standards of infrastructure for different types of zoning districts. When this was developed and as of -. Well, the basic idea with a Light Industrial District, you have warehouses, car repair places, other kinds of establishments that have the public come in and out but don't have a high degree of public travel back -and -forth, as does a pure commercial establishment like a department store or a pure retail facility. So the infrastructure standards are less both on the level of on -street and then the parking requirements. And what happens as a result of that is that the property gets developed, can be developed for less money. Typically, they're not located in a prime downtown area and the expense or the land cost is also lower. Then you have these sites that are leased out to people that are less expensive, basically. What happens over time is that because they're less expensive, retail uses start to gravitate into them; and it's very difficult to police. It's really an almost impossible thing to police the line between retail and light industrial. So if you look and, if you drive around the existing Kona Industrial Park developed by Liliuokalani Trust and, to a lesser degree, the Kaloko Industrial Park, which is still more of a Light Industrial area, but with these Light Industrial areas, you'll start to see a lot of commercial uses, retail uses; and it's very, becomes very hard to draw the line. If you think about the existing Kona industrial area as an area, now, it would be a lot nicer with sidewalks for people to walk around it, this one here, now. Then in the late 90's, the County, really, in a way of throwing in the towel as far as trying to maintain the line between Light Industrial, Commercial came up with the MCX District, which is a Mixed Light Industrial Commercial District, where you can have a mix of these kinds of uses. The Department, I think, has been recommending for MCX zoning that the on-site infrastructure be similar to that required of a Commercial District rather than Industrial District. GIFFIN: Any other comments? Greg? MOOERS: I just wanted to make one last response. First, I want to repeat what I said earlier; and that is that we're not opposed to putting in curb, gutters and sidewalks. We just don't think it's appropriate at this time; and we'd be more than happy to install them at a time when they connect to something. I would point out that there are a number of commercial establishments. And if you look at the volume of people that go to Costco on any day, it's certainly far greater than any will ever visit the site, unfortunately; and it really has not generated a great need for pedestrian improvements along the front of Costco. The adjoining property is a mini -storage facility on this property, just mauka of the property. And if any of these lots were sold, there's an interior pedestrian plan that we've recommended. If you look at my response to Public Works' comments, I clearly state that we plan to make curb, gutter and sidewalk improvements around all buildings on-site. 17 Again, this is not an unusual request if you realize that commercial establishments in Waimea have very often been permitted without curb, gutters and sidewalks or they've been permitted and asked to put the money for curb, gutters and sidewalks down the street so that they could extend existing sidewalks so that eventually they will get to where they're going. So, our position is not to curb, gutter and sidewalks but to curb, gutter and sidewalks at this time. Staff had some concern about that this would be difficult to enforce because portions of this project may be sold. But I'd simply say that all these conditions and any ordinance passed by the Council always states, number one, is, that these conditions shall pass on to all successors and assigns of the property. So our statement would simply be, yes, to curb, gutter and sidewalks but, no, not at this time. That would be our request. GIFFIN: Daryn, what's your take on that? ARAI: We understand that the conditions are, will carry on irregardless of who the owners of the property are because, as I mentioned, it's currently composed of four individual lots. I guess the point we're trying to make is if the Applicant is concerned about sidewalks that go nowhere, and we're also concerned about further fracturing of sidewalk implementation if the lots were to be sold, then only when this development is built, then a sidewalk in front here, then vacant land, and then another project is built with sidewalks here. We'd rather see everything go in all at once; and it simply goes back to the fact that we believe that once the uses are established, then there is a need for sidewalks. I think Commissioner Galdones was talking about parking along the side of the road. You know, when you introduce a use with possible more pedestrian movement, you want to make sure that traffic is separated from pedestrian movement. Right now, can you imagine walking along that paved area on that street on the bottom like, forgetting the name, we have all these cars and vehicles parked on the side? I mean, that is the whole purpose of sidewalks, separating pedestrian movement from traffic; and we see the need for it here. Think about this area if this all were to go into a shopping complex for retail establishments. It's a permitted use, it could happen. And 70,000 square feet of potential leasable area is quite a bit, so -. GIFFIN: Commissioners, any other comments. Hearing none, there has been a request from the public to come up and give public testimony. Curtis Tyler -. Why don't you two just stay there and just give him a mike. Is there anyone else who has come this morning to testify on this agenda item? 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? TYLER: Ido. GIFFIN: Thank you. Your name and residence address? 18 TYLER: Good morning, Madam Chair and Members of the Planning Commission. My name is Curtis Tyler. I appreciate the opportunity to make some very brief comments relative to this rezoning, recognizing, of course, that this will ultimately come before the Council. But there were some comments regarding the Condition G. I've not seen the proposed revisions, I'll take a look at them later. I'm sure Mr. Mooers will provide them to me. But the Applicant -. Mr. Mooers brought up about dry sewering this project and they have no objection to it; and I would hope that you would put that in there. Because with respect to the comments regarding an improvement district, a sewer improvement district, that proposed resolution, which is what we need to get this started, is in the Legislative Auditor's office. In fact, I was in Hilo yesterday and met with them some more on this to see about expanding this area, after I met with the Mayor regarding, you know, his thoughts on some of the properties further to the north, which have been in the news recently, in particular Kohanaiki and Ooma. Originally, the ID proposal came from Mayor Yamashiro's administration and it was specifically designed to focus on the Phases 3 and 4 of the TSA project. And I found that to be too limiting and that we should look at other areas. So we've been in a process of working with the Office of the Corporation Counsel, as well as Mr. Boucher's office, the Department of Environmental Management, now that we have this new department and, also, the Legislative Auditor's office, to be sure that the proposal that comes before the Council to initiate the process, but not the idea, but to initiate the process to begin the ID, is compliant with the current revisions to the improvement district ordinance which were made recently by the Council. So I wanted to let you know that it is my intention to move this along as quickly as we can. Needless to say, I'm only one vote on the Council and it takes five; but I haven't heard any objections to this nor have I heard from the landowners. With respect to Phases I and 2, it was recently reported in the newspaper that Phases 1 and 2 are obligated to hook up when the sewer comes by because of the Hawaii County Code. I've had the staff researching that. Your background report on this does not indicate a specific requirement of hookup. It just says it'll have to comply with the, you know, this is the underlined zoning of Phases I and 2, will have to comply with the applicable jurisdictions, something to that effect. And so it is my plan to include that in the improvement district, because, clearly, that is an industrial use right now. And if there is any proposed or current usage in that area that would impact the Kaloko- Honokohau National Historic Park, it would be Phases 1 or 2 because, you know, they're using cesspools. So we're going to look at this and try to make sure that it's fair and equitable for everyone, including the potential future users. So I would hope that that will be included. Mr. Mooers has indicated they have no objection to that. The issue of sidewalks, l don't normally bring the Code with me, it's way too big. But my recollection is that when the discussion on MCX, the proposal for the zoning change, MCX came up, it was specifically the Planning Department's looking at the old industrial area in Kailua and that one of their requirements was going to be for curbs, gutters and 19 sidewalks. I don't have the Code so I don't know if there is such a requirement for NICK But my recollection is that because it's more, you know, it allows for commercial activity, in addition to Limited Industrial, that perhaps this is a Code requirement. I don't know, you'd have to ask Mr. Torigoe that question. That's perhaps one of the other reasons in addition to, you know, Planning, that Planning brought this forward and the Department of Public Works. I don't know. The issue of on -street parking, my recollection is that on -street parking is permitted, consistent with the Code on Olowalu Street. It is limited on Kamana Street at the request of the Hawaii County Police Department because of the on -street racing during the late hours in the evening. But other than that, parking is prohibited. The shoulders are quite wide. That's my recollection, Madam Chair. I have nothing else unless you have some questions. Thank you GIFFIN: Commissioners? TYLER: Thank you so much GIFFIN: Commissioners, any other questions of the Applicant? Greg, were there any other conditions that you were concerned about? Commissioners, any other comments? Discussion? Hearing none, do I hear a motion? GIFFIN: Commissioner Springer? SPRINGER: Madam Chair, with regard to Kaloko Development Inc.'s Change of Zone application, REZ 02-015, I move that the Hawaii County Planning Commission forward a favorable recommendation of the change of zone request to the County Council- GIFFIN: Do I hear a second? FUJIKAWA: Second GIFFIN: It has been moved by Commissioner Springer, and seconded by Commissioner Fujikawa, that the change of zone application, REZ 02-015, be given a favorable recommendation to the County Council, along with the Department's background report, conditions, along with the amendment to Condition G -. Daryn, you want to read it, amendment to the amendment? ARAI: I don't have the entire language down. But what the Planning Director wanted us to, wanted you to include was to the revised proposed Condition G, as shown on this handout, include a statement where should an improvement district be established for this area for the purpose of installing a sewer line to service the property, then the Condition G would not be applicable. 20 GIFFIN: Mr. Yuen? YUEN: That's correct but, also, that the Applicant is required to participate in any improvement district that is proposed to service the area, for sewers. GIFFIN: Discussion? Commissioner Springer? SPRINGER: Madam Chair, Councilman Tyler suggested that Mr. Torigoe could answer the question as to whether or not the requirement for curbs, gutters and sidewalks is part of the Zoning Code. I'm wondering if he can answer that? GIFFIN: Mr. Torigoe? TORIGOE: To my understanding, it is not. The requirement of curbs, gutters and sidewalks, I think, is generally addressed -. Actually, it's something that is made by recommendation of the Planning Department and Public Works and then, really, the Council ultimately determines whether that's necessary generally. SPRINGER: Thank you. GIFFIN: Any other discussion, comments? Hearing none, Daryn. ARAI: Commissioner Springer? SPRINGER: Yes. ARAI: Commissioner Fujikawa. FUJTKAWA: Aye. GIFFIN: He said aye. ARAI: Oh. Commissioner Galdones? GALDONES: Aye. ARAI: Commissioner McCall? MCCALL: Aye. AR -AC Commissioner Mina? MINA: Aye. 21 Commissioner Smith? SMITH: Aye. ARAI: Commissioner Togashi? TOGASHL Aye. ARAI: Chairwoman Giffin? GIFFIN: Aye. ARAI: Madam Chairwoman, motion carries with eight aye votes. GIFFIN: Thank you. You'll be informed in writing of this morning's action. MOOERS: Thank you. GIFFIN: You're welcome. The discussion ended at 10:37 a.m. 22 Respectfully submitted, Sharon M. Nomura, Secretary BKaloko Dev COZnk-10/23/02 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT KALOKO DEVELOPMENT INC. CHANGE OF ZONE APPLICATION (REZ 02-015) KALOKO DEVELOPMENT INC. has submitted an application for a Change of Zone by changing the district classification from Limited Industrial (ML -la) to Industrial -Commercial Mixed Use (MCX-la) for approximately 4.383 acres of land. The project area is apart of the existing Kaloko Business Park abutting Hina-Lani Street and Olowalu Street, approximately `/4 mile east (mauka) of Queen Ka`ahumanu Highway, Kaloko, North Kona, Hawaii, TMK: 7-3-51: 66, 67, 68, & 69. BACKGROUND FOR KALOKO LIGHT INDUSTRIAL PARK (Phases I and 11) 1. May 14, 1981: State Land Use Commission issues its Decision and Order to incrementally reclassify approximately 130 acres of land from Conservation to Urban to accommodate the initial two phases of the Kaloko Industrial Park. Conditions within the Decision and Order specified that on- and off-site improvements within Phases I and II must be completed by May 1986 before the remaining 110 acres can be reclassified to the Urban District to accommodate Phases III and IV. 2. October 26, 1983: Effective date of Ordinance No. 83-38, which rezoned 126.828 -acres of land from an Open (0) to a Limited Industrial -1 acre (ML -la) zoned district to accommodate Kaloko Industrial Park - Phases I and II consisting of 85 parcels. Ordinance No. 83-38 was approved subject to the following conditions: A. the petitioner, successors or assigns shall be responsible for complying with all of the stated conditions of approval; B. the property shall be zoned in two increments. The first increment shall consist of a maximum of sixty-five contiguous acres, and the second, the remaining area. The effective date of zoning for the second increment shall be after development has occurred in the first increment, as determined by the Planning Director. `Development' means that building permits have been issued for industrial structures and construction has been partially completed to the extent that roofs have been constructed on a minimum of twenty-five percent of the lots proposed for the first increment; G 47 (8; !1 19) PC C. subdivision plans for the first increment shall be submitted within one year from the effective date of the zone change; D. an overall landscaping master plan, which includes landscaping along the property's frontages along Queen Kaahumanu Highway and the proposed mauka- makai road; a plant species list; and identification of view corridors from within and outside of the subdivision, shall be submitted to the Planning Director for review and approval prior to issuance of final subdivision approval of the first increment. Said plan shall reflect the proposed berming and landscaping depicted on Figure 17 of the petitioner's Final Environmental Impact Statement dated July 1981, and a program for its maintenance. These improvements shall be provided prior to the granting of final subdivision approval of the first increment; E. channelized intersection improvements shall be provided at the Queen Kaahumanu Highway intersection meeting with the approval of the State Department of Transportation, Highways Division; F. an 80 -foot wide mauka-makai road between Queen Kaahumanu Highway and the Hawaii Belt Road shall be constructed in accordance with the standards of the Department [of Public] Works. Final subdivision approval for the first increment shall not be granted until there are concrete legal and financial assurances that the roadway would be constructed. Further, construction of this roadway shall commence no later that the start of construction of the infrastructural improvements of the first increment and shall be completed prior to the issuance of final subdivision approval of the second increment; G. all interior roadways shall be constructed in accordance with the requirements of the Department of Public Works; H. no direct access to the lots shall be allowed from the Queen Kaahumanu Highway and the mauka-makai roadway as noted under (F) above; I. a drainage system in accordance with the requirements of the Department of Public Works shall be installed; J. prior to receipt of final subdivision approval, a Development Design Manual shall be prepared and submitted to the Planning Department for approval. The purpose of the manual is to provide comprehensive design principles and guidelines for the development of the industrial lots in order to achieve a high standard of quality for the development. The manual shall include, but not be limited to , standards and guidelines relative to landscaping, open space, architectural building controls, (appearance, siting, heights, building materials, signs, etc.), setbacks from property lines and buildings, ground cover ratio, etc.; K. the method of sewage disposal shall meet with the approval of the appropriate governmental agencies; L. the two major lava tubes located along the mauka property boundary be intensively surveyed for cultural remains. A survey report shall be submitted for the Planning Department and the State Historic Sites Section, Department of Land and Natural Resources, prior to final subdivision approval; -2- M. should any salvage archaeological work be necessary as a result of condition (L), work shall be completed prior to any grading or grubbing activities; N. should any unanticipated sites, including subsurface midden or lava tubes, be uncovered during grading of the property, work within the affected area shall cease. The Planning Department shall be notified and work shall not resume within the affected area until the Planning Director has approved the disposition of the site(s); and O. all other applicable rules, regulations, and requirements, including those of the Department of Water Supply, shall be complied with. Should any of the foregoing conditions not be met, rezoning of the area to its original or more appropriate designation may be initiated. April 5, 1984: Final Subdivision Approval of Kaloko Industrial Park —Phase I (58 lots) approved by Planning Director. 4. August 19, 1986: Effective date of Ordinance No. 86-92, which amends Ordinance No. 83-38 to accommodate the replacement of Condition F (construct Hina Lani Street) and an amendment to Condition J (Development Design Manual) as detailed below by the underscoring of the amended language. Condition F was replaced with new language to ensure the timely construction of Hina Lam Street with an amendment to Condition J to require the Planning Director to enforcement the requirements of the Development Design Manual. Condition F - within four months of the effective date of this amendment, the petitioner shall initiate an Improvement District for the construction of the mauka- makai road [Hina Lani Street] within its properties. Should the County Council not approve the Improvement District, the petitioner shall begin construction of the roadway by June 30, 1988, with completion two years hence; Condition J - prior to receipt of final subdivision approval, a Development Design Manual shall be prepared and submitted to the Planning Department for approval. The purpose of the manual is to provide comprehensive design principles and guidelines for the development of the industrial lots in order to achieve a high standard of quality for the development. The manual shall include, but not be limited to , standards and guidelines relative to landscaping, open space, architectural building controls, (appearance, siting, heights, building materials, signs, etc.), setbacks from property lines and buildings, ground cover ratio, etc. No development shall occur on the lots unless it conforms to the standards and guidelines articulated in -3- the Development Design Manual. The Planning Director shall be responsible for the enforcement of the Development Design Manual; 5. July 29,1988: Effective date of Ordinance No. 88-111, amending Ordinance No. 86-92 to allow for the replacement of Condition D (landscaping master plan) with new language to accommodate a revised landscaping scheme that was different from the berm landscaping originally proposed by the applicant. Condition D - The conceptual landscaping plan dated July 23, 1986 which depicts the buffer parcel landscaping and on-site landscaping strips shall be used as a guide with the Development Design Manual for evaluating all development through the Plan Approval process to implement the industrial park theme. A `detailed' landscaping plan for the buffer parcel shall be submitted for Plan Approval within one month from the effective date of approval of this amendment. This detailed landscaping plan shall show planting schedules, tree sizes, heights (actual size of trees to be planted), type of irrigation system, etc. All approved landscaping improvements shall be installed within three months from the date of final plan approval of the detailed landscaping plan issued by the Planning Director. A Landscape Maintenance Program for the landscape buffer parcel shall be submitted with the submittal of the detailed landscaping plan for Plan Approval; 6. September 16, 1999: Final Subdivision Approval for Kaloko Industrial Park -Phase II (34 lots) approved by Planning Director. Note: Total number of lots between Phases I and II is 92 parcels. The current number of lots is 85 due to consolidation of several parcels throughout the years. GENERAL INFORMATION Land Ownership: Kaloko Development Inc. is the fee owner of the property. PROPOSED DEVELOPMENT Request: The applicant is requesting a change of zone from a Limited Industrial (ML - 1 a) district to an Industrial -Commercial Mixed (MCX-1 a) district for 4.383 -acres comprising TMK: 7-3-51: 66, 67, 68, 69. 9. Details of Proposed Development: Currently, the applicant proposes to consolidate TMK's 7-3-51: 66, 67, 68, 69 into one parcel and construct a 72,000 square foot structure for lease space. However, the applicant is also considering alternate plans for I" development of these parcels such as selling them as separate lot or a combination of lot sales and a scaled down version of the proposed project. 10. Supportive information: The applicant has submitted a change of zone application dated July 24, 2002 (Exhibit A). STATE & COUNTY PLANS 11. SLU: Urban. 12. General Plan Consistency: Economic and Land Use Elements goals, policies and courses of action for North Kona. 13. General Plan LUPAG Map: The General Plan Land Use Pattern Allocation Guide (LUPAG) map currently designates the subject property for Industrial uses. Industrial areas include uses such as manufacturing and processing, wholesaling, large storage and transportation facilities, and light industrial uses. The proposed change of zone from ML to MCX would be consistent with this General Plan designation. 14. Kona Regional Plan: The Kona Regional Plan adopted by the Planning Commission in April 1984, designates the subject property for Industrial uses. 15. Keahole to Kailua (K to K) Development Plan: The K to K Plan, which was adopted by the County Council by Resolution on April 3, 1991, designates the subject property for Limited Industrial uses. The Plan was adopted as a guide to be utilized in the development of infrastructure and land uses in the region. The Plan also includes a network of major arterial and collector roads that will form the framework for further urban development within its planning corridor. The subject properties will not have a direct impact upon the location of these roadway networks. 16. County Zoning: The subject properties are zoned ML -la. As the applicant is requesting a change of zone from ML -la to MCX-la, the following chart is provided to detail the difference between the permitted uses in each zoning districts. An "x" appears beside common uses that are permitted in both districts. -5- MCX- ML (a) the following uses shall be permitted in the MCX district: (a) The following uses shall be permitted in the ML district- * x x x x x x x x x x x * x x x x X X X (1) Agricultural products processing, minor. x x x x - not night clubs x x x x x x x x x x x x x 1 (1) Agricultural products processsing, minor. (2) Amusement and recreation facilities, indoor. (2) Airfields, heliports and private landing strips. (3) Art galleries, museums. (3) Animal hospitals. (4) Automobile sales and rentals. (4) Animal quarantine stations. (5) Automobile service stations. (5) Aquaculture activities. (6) Bars and nightclubs. (6) Automobile and truck storage facilities. (7) Broadcasting stations. (7) Automobile and truck sales and rentals. (8) Business services. (8) Automobile service stations. (9) Car washing. (9) Bakeries. (10) Catering establishments. (10) Bars. (11) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (11) Broadcasting stations. (12) Churches, temples and synagogues. (12) Car washing. (13) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the cleaning agent. (13) Carpentry, hardwood products and furniture manufacturing and storage establishments. (14) Commercial parking lots and garages. (14) Catering establishments. (15) Community buildings, as permitted under section 25-4-11. (15) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (16) Convenience stores. (16) Churches, temples and synagogues. (17) Data processing facilities. (17) Cleaning and dyeing plants- (18) Day care centers. (18) Commercial parking lots and garages. (19) Financial institutions. (19) Community buildings, as permitted under section 25-4-11. (20) Food manufacturing and processing. (20) Contractors' yards for equipment, material, and vehicle storage, repair, or maintenance. (2 1) Home improvement centers. (2 1) Day care centers. (22) Kennels in sound -attenuated buildings. (22) Financial institutions. (23) Laboratories, medical and research. (23) Food manufacturing and processing facilities. (24) Manufacturing, processing and packaging establishments, light. (24) Greenhouses, plant nurseries. (25) Medical clinics. (25) Heavy equipment sales, service and rental. (26) Meeting facilities. (26) Home improvement centers. (27) Motion picture and television production studios. (27) Junkyards, provided that the building site is not less than one acre inarea. (28) Offices. (28) Laboratories, medical and research. (29) Photographic processing. 1 (29) Laundries. M i- (30) Photography studios. (30) Lumberyards and building material yards, but not including concrete or asphalt mixing and the fabrication by riveting or welding of steel building frames. (31) Plant nurseries. C3 1) Manufacturing, processing and x packaging establishments, light. (32) Public uses and structures, as permitted under section 25-4-11. (32) Motion picture and television production studios. X x x (33) Publishing plants for newspapers, books and magazines, printing shops, (33) Photographic processing. cartographing, and duplicating processes such as blueprinting or photostating shops. X (34) Repair establishments, minor. (34) Plumbing, electrical, air conditioning and heating establishments. X x (35) Restaurants. (35) Public uses and structures, as permitted under section 25-4-11. (36) Retail establishments. (36) Publishing plants for newspapers, books and magazines, printing shops, cartographing, and duplicating processes such as blueprinting or photos tating shops. (37) Sales and service of machinery used—in (37) Recycling centers, which do not involve agricultural production. the processing of recyclable materials. (38) Schools, business. x x (38) Repair establishments, minor. (39) Schools, photography, art, music and dance. (39) Restaurants. X x (40) Schools, vocational. (40) Self sfeies. (41) Self-storage facilities. (4 1) Storaf seed, feed, fertilizerand other pntial to agricultural production X (42) Telecommunications antennas, as permitted under section 25-4-12.permitted x (42) Te] ecommunication antennas, as under section 25-4-12. X x (43) Temporary real estate offices, as permitted under section 25-4-8. (43) Temporary real estate offices, as permitted under section 25-4-8. (44) Theaters. (44) Transportation and tour terminals. X (45) Utility substations, as permitted under (45) Truck, freight and draying terminals. section 25-4-11. X (46) Veterinary establishments in sound- (46) Utility facilities, public and private, attenuated buildings. including offices or yards for equipment, material, vehicle storage, repair or maintenance. x x (47) Warehousing. (47) Utility substations, as permitted under section 25-4-11. x x (48) Wholesaling and distribution operations. (48) Veterinary establishments. (b) In addition to those uses permitted under subsection (49) Vocational schools. (a) above, the following uses may be permitted in the MCX district, provided that a use permit is issued for each use: i- x (1) Crematoriums. x (50) Warehousing, which does not include retail sales or discount houses or establishments open to the general public or defined members. x x (2) Major outdoor amusement and recreation (5 1) Wholesaling and distribution, including facilities. the storage of incidental materials and equipment, except for highly flammable or explosive products. x (3) Yacht harbors and boating facilities. (b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the ML district, provided that a use permit is issued for each use: (c) Buildings and uses normally considered directly x (1) Crematoriums. accessory to the uses permitted in this section shall also be permitted in the MCX district. x (2) Major outdoor amusement and recreation facilities. x (3) Yacht harbors and boating facilities. (c) The following uses may be permitted in the ML district as incidental and subordinate to any permitted use: (1) Living quarters for watchmen or custodians in connection with the operation of any permitted use. (2) Retail sales. (3) Services for persons working in an ML district which are conducted within an integral part of a main structure with entrances from the interior of the building and which have no display or advertising visible from the street. (d) Buildings and uses normally considered directly accessory to the uses permitted in this section shall also be permitted in the ML district. Section 25-5-130 of the Hawaii County Code defines the purpose of the MCX district as the following: "The purpose of the MCX (industrial -commercial mixed use) district is to allow mixing of some industrial uses with commercial uses. The intent of this district is to provide for areas of diversified businesses and employment opportunities by permitting abroad range of uses, without exposing nonindustrial uses to unsafe and unhealthy environments. This district is intended to promote and maintain a viable mix of light industrial and commercial uses." 112 Section 25-5-140 of the Hawaii County Code defines the purpose of the ML district as the following: "The ML (limited -industrial) district applies to areas for business and industrial uses which are generally in support of but not necessarily compatible with those permissible activities and uses in other commercial districts." 17. Special Management Area (SMA): The subject property is not situated within the Special Management Area. The mauka boundary of the SMA is currently situated along the makai right-of-way boundary of the Queen Kaahumanu Highway. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 18. Subject Property: The subject properties are situated within the existing Kaloko Industrial Park subdivision. The 4.383 -acres project site is currently comprised of 4 parcels bounded on the north by Hina Lam Street on the south by Olowalu Street both of which are roadways in a mauka-makai alignment. Kamanu Street is located a few lots away to the east (mauka) and Kanalani Street is to the west. Both of these roadways run parallel the Queen Kaahumanu Highway. The site is presently vacant and has been previously graded in anticipation for development. 19. U.S.D.A. Soil Type: The Soil Survey Report published by the U.S. Department of Agriculture, Soil Conservation Service, has identified soils within the subject property as consisting of A'a (rLV) and pahoehoe (rLW) lava] flows. These two soil types have little or no soil covering and are generally devoid of vegetation. These lavas are slowly permeable, although water moves rapidly through the cracks. Runoff is slow and the erosion hazard is slight.. 20. ALISH: The subject property is not classified as having any agricultural importance on the State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map. 21. Land Study Bureau's Detailed Land Classification System: Soils within the subject property are classified as "E" (Very Poor) for agricultural productivity by the Land Study Bureau. -9- 22. Fauna and Flora: The natural vegetation is characterized by Fountain grass, Red -top grass, Klu and Caper. The site has been extensively graded as part of the preparation of the existing industrial park. The developed nature of the site and surrounding properties makes it unlikely that this property would host any endangered fauna. The presence of feral cats, mice, and mongoose have been observed. 23. Archaeological Resources: An archaeological reconnaissance survey of the subject property was prepared by Lloyd Soehren in 1980 for the State Land Use Boundary Amendment. No historical or archaeological sites listed on the State or National Historic Registers exist within the property. 24. Cultural Resources: No valued cultural, historical or natural, resources exist on the subject property and no gathering is taking place. To the extent to which traditional customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights, therefore no action is necessary to protect those rights. 25. FIRM: The subject property is located in Zone X, area determined to be outside the 500 -year flood plain. The drainage on the site consists of the rainfall percolating through the layers of porous lave to the underground water table. 26. Surrounding Zoning/Land Uses: The property immediately to the north, south, east, and west are in urban district and zoned Limited Industrial one -acre (ML -1 a). In September 2002, the County Council recently approved a change of zone for 102.272 acres situated mauka of Kamanu Street and Kaloko Industrial Subdivision. The change of zone from an Open (0) to a MCX-1 a zoned district will accommodate Phases III and IV of Kaloko Industrial Subdivision. Phases III and IV will provide an additional 82 one -acre sized mixed use parcels. PUBLIC FACILITIES AND SERVICES 27. Access: Access to Kaloko Industrial Subdivision from the Queen Kaahumanu Highway is via Hina Lani Street. From Hina Lani Street, one can access either Kanalani or Kamanu Streets to reach Olowalu Street. Olowalu Street provides direct access to the subject properties. These roadways are all maintained by the County and have pavement -10- widths of 24 feet within 60 -foot wide rights-of-way. No driveway access will be allowed from the subject properties directly onto Hina Lam Street. 28. Main Street: The Keahole to Kailua Development Plan delineates an 80 -foot wide collector roadway called "Main Street" running in a north -south direction in the immediate vicinity of the subject property. Kamanu Street, which provides the primary access to the subject property from Hina Lani Street, has been selected by the County to serve as the alignment of the proposed Main Street. Kamanu Street is an existing 60 -foot wide County -maintained roadway. 29. Police/Fire/Emergency Services: Police services are available from the County's Police Station at Kealakehe while fire and emergency services are available from the County's Kailua-Kona Fire Station on Palani Road. The Kealakehe Police Station is located less than 2 miles south of the subject property while the Kailua-Kona Fire Station is located approximately 3-1/2 miles southeast of the property. 30. Water: Water is available to the site from the existing County Department of Water Supply waterline on Olowalu Street. 31. Wastewater: As there is no municipal wastewater system in this area, sewage will be disposed of via an individual wastewater treatments system approved by the State Department of Health. 32. Essential Utilities: Electricity, telephone and cable services are currently available to service the subject property and the proposed industrial -commercial development. AGENCIES' COMMENTS 33. Fire Department: (Memo dated October 8, 2002) "We have no comments to offer at this time regarding the above -referenced Change of Zone application; however, would like to reserve any comments until the submittal of plans for this project." -11- 34. Department of Public Works — Engineering Division: (Memo dated September 16, 2002) "DRAINAGE All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent parcel. 2. The applicant shall be informed that if they include drywells in the subject development, an Underground Injection Control (UIC) permit may be required from the Department of Health, State of Hawaii. 3. A drainage study shall be prepared, and the recommended drainage system shall be constructed meeting with the approval of DPW. EARTHWORK All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. The applicant shall comply with chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires and NPDES permit for certain construction activity. ROADWAYS Olowalu Street fronting the subject property, is a County road. It has an approximate 24 -ft. wide pavement in good condition, paved swales, all within an approximate 60 -ft. right-of-way. The applicant shall provide improvements to the entire frontage along Olowalu Street consisting of, but not limited to, concrete curb, gutter and sidewalk, drainage improvements, and any relocation of utilities; meeting with the approval of the DPW. Install street lights, signs, and markings meeting with the approval of the DPW, Traffic Division. 3. Access to Olowalu Street including driveway location and the provision of adequate sight distances, shall meet with the approval of the DPW. Vehicular access to the property shall not be from Hina Lam Street. All driveway approaches shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. -12- TRAFFIC The impact of additional traffic generated by the proposed zone change should be addressed using accepted traffic analysis methodology. Accordingly, the project should be fairly assessed for regional traffic improvements. Impacted County facilities would be the intersections of Hina Lam Street with Kanalani Street, Kamanu Street and Mamalahoa Highway. Should additional improvements, such as left turn channelization on Olowalu Street, be required by DPW, the applicant shall provide such improvements at no cost to the County of Hawaii" 35. Department of Transportation: (Letter dated September 12, 2002) "The proposed change of zone is not anticipated to have significant impact to Queen Kaahumanu Highway or Mamalahoa Highway, our State facilities." 36. Police Department: (Memo dated September 5, 2002) "Staff has reviewed the above -referenced application and feels that it will have little impact on traffic or police services." 37. Department of Land and Natural Resources -Land Division: (Memo dated August 20, 2002) "We have no comments." 38. Department of Land and Natural Resources -State Park Division: (Memo dated August 13, 2002) "We have no comments." 39. Department of Land and Natural Resources -Engineering Division: (Memo dated August 22, 2002) "We confirm that the proposed project site, according to FEMA Community -Panel Nos. 155166 0684 C and 155166 0692 C, is located in Zone X. This is an area determined to be outside the 500 -year flood plain" 40. Department of Land and Natural Resources -Division of Forestry and Wildlife: (Memo dated August 12, 2002) "We have no comments." -13- 41. Department of Land and Natural Commission on Water Resource Management: (Memo dated August 14, 2002) "We have no comments" 42. Real Property Tax Division: (Memo dated August 29, 2002) "There are no comments at this time. Real Property taxes are paid through December 31, 2002." 43. Department of Environmental Management -Solid Waste Division : (Memo dated August 25, 2002) "Please have developer (applicant) agree to a covenant (CC&R), binding the development to prepare a Solid Waste Management Plan. The plan should address techniques to be utilized for reduction of waste to the West Hawaii Landfill at the time development occurs. The plan should include recycling, reuse or any other refuse reduction, including the construction phase and the operation phase of development." 44. Land Use Commission: (Letter date August 26, 2002 "We have reviewed the subject application as transmitted by your memorandum dated August 7, 2002, for the subject change in zone for a 4.383 acre parcel in Phases I and II of the Kaloko Industrial Park at Kaloko, North Kona, Hawaii. Based upon our review of the subject application, we have the following comments: The project area is in the State Land Use Urban District as granted by the Land Use Commission pursuant to its Decision and Order issued on May 14, 1981. 2. The adjacent area for Phases III and IV of Kaloko Industrial Park was reclassified to the State Land Use Urban District as granted by the Land Use Commission pursuant to its Findings of Fact, Conclusions of Law, and Decision and Order issued on February 14, 2002 ("Phases III and IV D&O"). We recommend that the County utilize the Phases III and IV D&O as a basis for determining protective and mitigative measures, as appropriate, to address concerns upon public services and facilities and potential impacts to the down gradient Kaloko Honokohau National Historic Park ("KAHO")." Note: For the Commissioners' reference, a copy of the LUC Decision and Order for Phases III and IV is attached as Exhibit B -14- 45. Department of Health: (Memo dated August 20, 2002) See attached Exhibit C — Letter dated June 28, 2002 AGENCIES- NO COMMENTS OR OBJECTIONS 46. Department of Land and Natural Resources -Historic Preservation Division, Department of Water Supply, Department of Agriculture APPLICANT'S RESPONSE to Agencies' Comments 47. See attached Exhibit D — Letter dated September 23, 2002 from Gregory Mooers. AGENCY RESPONSE 48. See attached Exhibit E — Letter dated October 8, 2002 from the LUC providing additional comments. PUBLIC COMMENTS 49. None -15- MOOERS ENTERPRISES, LLC P.O. Box 1 101 KAMUELA, HAWAII 96743 CHANGE OF ZONE APPLICATION: LIMITED INDUSTRIAL 1 -ACRE (ML -la) TO INDUSTRIAL -COMMERCIAL MIXED 1 -ACRE (MCX-la) Tax Map Key: (3) 7-3-51:66, 67, 68, 69 Kaloko, North Kona, Hawaii Applicant: Kaloko Development Inc. Submitted by: Mooers Enterprises, LLC July 24, 2002 PHONE: (808) 8856839 u �'T A A FAX: (808) 885-1574 H 1 EMAIL: GMOOERS@ATTGLOBALNET Harry Kim Mayor August 7, 2002 Mr. Gregory R. Mooers Mooers Enterprises, LLC P. O. Box 1101 Kamuela HI 96743 Dear Mr. Mooers: &TUtitg Id C'Mufunli PLANNING DEPARTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 (808) 961-8288 • Fax (808) 961-8742 Change of Zone Application (REZ 02-015) Applicant: Kaloko Development Inc. Request: Limited Industrial (ML -1a) to Industrial -Commercial Mixed Use (MCX-1 a) Tax Map Key: 7-3-051:066 067 068 & 069 Christopher J. Yuen Director Roy R. Takemoto DeputyDirector This is to acknowledge receipt of your Change of Zone application for the subject properties on July 24, 2002. Enclosed is your receipt for the filing fee. Please be informed, that in accordance with the Hawaii County Zoning Code, Chapter 25-2-4, within 10 days after the application has been filed with this office, you are required to notify all owners and lessees with a recorded interest in property within 300 feet of the perimeter boundary of the entire properties that your request has been filed with the Planning Department. In addition, upon notice by our department uiat the hearing date has been set, you are required to again notify all owners and lessees with a recorded interest in property within 300 feet. This second notice shall be served within ten (10) days after receiving notice of the hearing date and not less than ten (10) days prior to the hearing. Both notices shall include the following information: 1) Name of the applicant; 2) Precise location of the properties, including tax map key identification, location map and site plan; 3) Nature of the application and the proposed use of the properties; 4) Date on which the application was filed with the director or the commission; Harry Kim Mayor August 7, 2002 MEMORANDUM TO: DPW—Kona DWS Police Fire CITUUfV of �ufunii PLANNING DEPARTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 (808) 961-8288 • Fax (808) 961-8742 Real Property Tax Dept of Health DLNR — Land Div - Honolulu DOT — Hilo DOT — Honolulu State LUC Christopher J. Yuen Director Roy R. Takemoto DeputyDirector Dept. of Environmental Management Hilo Staff— Ministerial — See file Hilo Staff- Drafting (Bailado) - See file Planning Dept. — Kona FROM: CHRISTOPHER J. YUEN &4-,— Planning Director SUBJECT: Change of Zone Application (REZ 02-015) Applicant: Kaloko Development Inc. Request: Limited Industrial (ML -1 a) to Industrial -Commercial Mixed Use (MCX-la) Tax Map Key: 7-3-051:066, 067. 068 & 069 The enclosed application for a Change of Zone is being forwarded for your review. May we please have your written comments by September 5, 2002. Otherwise, we will assume that you have no comments on or objections to this request. Thank you very much. ETI:cps \\Coh02\public\WP W IN60\ETITCmemo\KalokoDevinc,doc Enclosure CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information), APPLICANT: Kaloko APPLICANT'S SIGNATURE: ADDRESS: Kaloko Development Inc. c/o Ed Rapoza Marvl Realty 75-1000 Henry Street, Suite 20 Kailua-Kona, Hawaii 96740 LIST APPLICANT'S INTEREST IF NOT OWNER: Partner LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: 0n 1005 i�NT TE: 6/17/02 President - William Fox, Vice President and Corporate Secretary -Rodney Neys, Treasurer- Raymond Hazlett PHONE:(Bus.) 331-8200 (Res.) (Fax) 331-3291 LANDOWNER(S): Kaloko Development Inc. LANDOWNER SIGNATURE(S): Letter on file. DATE: (Ma be by letter) LANDOWNER(S) ADDRESS: 2280-1066 West Hastings St., Vancouver, B.C., Canada WE 3X1 REQUEST: Limited Industrial (ML -I a) TO Industrial -Commercial Mixed (MCX-la) (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 7-3-51:66, 67, 68, 69 STREET ADDRESS OF PROPERTY: Olowalu Street SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 190,919 s.f (4.383 acres) AGENT: Gregory R. Mooers ADDRESS: Mooers Enterprises. LLC P.O. Box 1101 Hawaii 96743 TELEPHONE: (Bus.) 885-6839 (Res.) 885-7126 (Fax) 885-1574 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Gregory R. Mooers, Mooers Enterpises COPIES: Ed Rapoza, Mary] Realty (See Instructions on Reverse Side) ATTArvnecnTT 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 I 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? b. Sell or lease the land to someone who has tentative plans? C. Sell or lease the land to someone who has no plans? 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. The applicants intend to develop retail, office, commercial and industrial buildings on the subject properties. 4. Have you performed any study which would demonstrate a need for your proposed building and/or development? Yes if so, please elaborate on your findings in the space provided below. One of the partners is a real estate professional in the Kona area. He has done an analysis of the available commercial and industrial space and determined that there is a strong market for this product. -2- 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. An Environmental Impact Statement was prepared by Wilson -Okamoto for the previous owners as part of their petition for urbanization of these lands by the State Land Use Commission. A County Environmental Report is part of this application booklet. Please see this report for a discussion of the potential impacts of this proposed action. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? 7. Is the subject land currently being used for any agricultural activity? No if so, please list the kinds of products grown on and how many square feet or acres of land per product? -3- 8. To your knowledge, has there been any flooding and/or drainage problem on the subject area? 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? 10. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? a. Schools b. Roads C . Sewer d. Drainage e. Police Protection f. Fire Protection 9 Recreational Facilities h. Recreational Facilities i. Other -4- yes NO R No No Yes For those checked "yes," 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. An archaeological reconnaissance survey was conducted by Lloyd Soehren for the E.I.S. prepared by the previous owner. A copy is attached as an exhibit to this application. Signature: Address: 75-1000 Henry Street, KN!aa-Kona, HI Telephone: 331-8200 Date: June 17, 2002 5- 6338A/50A P. D. 5/84 Kaloko Development Inc. 2280. 1066 West Hastings Street Vancouver, British Columbia Canada V6E 3X I Telephone: (604) 681-7500 Facsimile: (604) 895-9906 June 17, 2002 Mooers Enterprises LLC P.O. Box 1101 Kamuela, Hawaii 96743 To Whom It May Concern: Re: Kaloko Business Land Rezoning This document serves to provide Gregory Mooers of Mooers Enterprises L. LC., of Kamuela, Hawaii authorization on behalf of the owners of the properties (Kaloko Development Inc.), to file the request for zone change from ML -la to MCX-la as dated 6/17/02. This authorization is provided solely for the lands as; Kaloko Business Park Lot B-2, B-3, B-4, B-5, and further described as Tax Map Key (3) 7-3-51-66; 67; 68; and 69). Yours truly, William Fox President NT INC. CALGARY 0 CHICAGO 0 DALLAS 0 EDMONTON • LAS VEGAS 0 RENO 0 SAN DIEGO 0 SEATTLE 0 TORONTO 0 VANCOUVER TABLE OF CONTENTS Page I. INTRODUCTION A. General Information ............................................................ 1 B. Subject Request/Proposed Development.....................................2 II. CONFORMANCE WITH STATE AND COUNTY PLANS A. State Land Use Classification ............................................. 3 B. Hawaii County General Plan Policies and Objectives ................. 3 C. General Plan Designation ................................................. 9 D. County Zoning Code ........................................................ 9 E. Community Development Plan ............................................ 9 F. Special Management Area .................................................. 9 G. Chapter 205 A: Coastal Zone Management Act ......................... 10 H. Mountain Access.............................................................. 10 III. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING Physical Characteristics/Environmental Setting: A. Description of Property and Surrounding Area ............................. 10 B. Access............................................................................ 10 C. Elevation......................................................................... 10 D. Annual Rainfall................................................................. 10 E. Slope............................................................................. 10 F. Site Condition and Use ....................................................... 10 G. Lava Hazard Zone.............................................................. 11 H. Distance ..from Ocean ......................................................... 11 I. ALISH............................................................................ 11 J. U.S.D.A. Soil Survey Report .................................................. 1 I K. Land Study Bureau's Overall Productivity Rating ......................... 11 I L. FIRM............................................................................ 11 M. Drainage......................................................................... 11 Historic Resources....................................................................... 11 Cultural Resources..................................................................... 12 Natural Resources (Flora -Fauna) ..................................................... 12 Social -Economic Characteristics...................................................... 12 Surrounding Land Uses and Zoning ................................................... 13 IV. PUBLIC FACILITIES AND SERVICES A. Access............................................................................ 13 B. Utilities........................................................................... 13 C. Water..............................................................................13 D. Police Services.................................................................. 13 E. Fire Services..................................................................... 13 F. Schools........................................................................... 13 V. ENVIRONMENTAL ASSESSMENT AND ANALYSIS A. Relationship between short term uses of environment and maintenance and enhancement of long term productivity ..................................... 14 B. Mitigative measures proposed to avoid, minimize, or reduce impact... 14 C. Alternatives to the proposed development ....................... I.......... 14 D. Irreversible and irretrievable commitments of natural resources that would be involved if the proposed action is implemented ................. 14 VI. EXHIBITS A. Archaeological Assessment Letters B. Regional Location Maps C. Site Plan D. Elevations E. Site Photographs ii BACKGROUND AND COUNTY ENVIRONMENTAL REPORT CHANGE OF ZONE REQUEST: LIMITED INDUSTRIAL (ML -la) TO INDUSTRIAL -COMMERCIAL MIXED (MCX-la) Tax Map Key: (3) 7-3-51:66, 67, 68, 69 Kaloko, North Kona, Hawaii Applicant: Kaloko Development Inc. The applicant, Kaloko Development Inc., is seeking a Change of Zone from Limited Industrial one -acre (ML -1a) to Industrial -Commercial Mixed one -acre (MCX-Ia) for a 4.383 acre parcel located at Kaloko, North Kona, Hawaii, Tax Map Key (3) 7-3-51:66, 67, 68, 69. This request is made to allow the subsequent development of the property into a mixed use of industrial and commercial uses. The subject property was previously the subject of a State Land Use Boundary Amendment in 1981 from the Conservation to the Urban District and a Change of Zone from the Open designation to Limited Industrial (ML -1 a) in 1983 as part of the Kaloko Business Park, Ordinance No. 83-38. GENERAL INFORMATION: Kaloko Development Inc. is the fee owner of the subject property. The subject property is four contiguous lots; Lot B-2, B-3, B-4, and B-5, being a portion of Lot B, a portion of Royal Patent 8214 Land Commission Award 7715, Apana 11 to Lota Kamehameha. I SUBJECT REQUEST/PROPOSED DEVELOPMENT: A. The applicant, Kaloko Development Inc., is seeking a Change of Zone from Limited Industrial one -acre (ML -1 a) to Industrial -Commercial Mixed one -acre (MCX-1a) for a 4.383 acre parcel located at Kaloko, North Kona, Hawaii, Tax Map Key (3) 7-3- 51:66, 67, 68, 69., to allow the development of a industrial -commercial mixed use complex with approximately 72,000 square feet of lease space. The applicant believes this zoning is the appropriate designation for the present uses that take place in the Kaloko Business Park. The applicant's proposed use of the subject property will be similar to the surrounding uses. B. The site is presently vacant and unused. The property has previously been graded extensively as part of the Kaloko Business Park to accommodate the present permitted industrial uses. Please see the site photographs in the exhibits. C. The 4.383 acre parcel is actually four lots acre lot is a roughly rectangular shaped lot located between Hina Lani Street and Olowalu Street one-quarter of a mile east of Queen Kaahumanu Highway, in the Kaloko Business Park. Please see the location map and rezoning exhibit in the exhibits. D. The Hina Lani Street signalized intersection with Queen Kaahumanu Highway is approximately 500 feet west of the subject property. Hina Lani provides access to the Kaloko Business Park and to the residential subdivisions above the subject property in North Kona. E. Access to the proposed project is proposed to be from Hina Lani Street to Kanalani Street to Olowalu Street that abuts the subject property. These are all County maintained roadways with 24' of pavement within 60' rights-of-way. Please see the exhibits for vicinity maps and the regional roadway alignment. F. Utilities are provided to each of the 4 lots from the area's existing overhead lines. G. Construction of improvements on the first lot will begin immediately after all governmental approvals are secured. H. There are recorded restrictive covenants developed for the Kaloko Business Park that controls uses on the lots. 2 CONFORMANCE WITH STATE AND COUNTY PLANS: A. State Land Use Designation: The State Land Use District Classification of the subject parcel is Urban. The proposed uses are consistent with this designation. B. Applicable Goals/Policies and Objectives of the General Plan: A. ECONOMIC 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 of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. • The County shall strive for full employment. M. LAND USE Through the careful analysis and examination of past and present situations, the following goals, policies, and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. GOALS • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. 3 POLICIES • 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. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • The County shall develop, in cooperation with community residents, community development or regional plans for all of the districts or combinations of districts and shall periodically review and amend these documents as necessary or as mandated. STANDARDS • 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. • Zoning may be recommended on an incremental basis depending upon construction schedule, development of supporting services and facilities, and other pertinent factors bearing upon the performance of the petitioner. • The County shall encourage and coordinate with the State in providing fee simple and leasehold single-family residential lots to the residents through State and/or County Housing Programs. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and E to permit aesthetic balance between single-family residential structures and open spaces. (2) COMMERCIAL DEVELOPMENT Following an examination and analysis of present and past situations concerning commercial development, the following goals, policies, and standards have been set forth. GOALS o Provide for commercial developments that maximize convenience to users. o Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. POLICIES - o In an effort to assist existing commercial developments, urban renewal rehabilitation, and/or redevelopment programs shall be undertaken in cooperation with communities, businesses and governmental agencies. The key to the success of these kinds of programs is active and sustained participation from communities and businesses. o 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 5 localized program of public and private capital improvements to meet the expected increased needs. o Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. o Existing strip development shall be converted to more appropriate uses when and where it is feasible. o 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. o Applicable ordinances shall be reviewed and amended as necessary to include considerations for urban design, aesthetic quality and the protection of amenities in adjacent areas through landscaping, open space and buffer areas. o 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. o Off-street parking and loading facilities shall be provided. o 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. R o Preference shall be given to commercial lands with a reasonably level topography. (3) INDUSTRIAL The following goals, policies and standards are set forth to guide the development of industrial areas in the best interest of the County and its residents. The residents must be also made aware of the circumstances resulting from industrial development. Citizen participation, awareness, and most of all, citizen understanding are vital in the development of industrial areas, as in all phases of the planning process. GOALS o Designate and allocate industrial areas in appropriate proportions and in keeping with the social, cultural, and physical environments of the County. o Promote and encourage the rehabilitation of industrial areas which are serviced by basic community facilities and utilities. POLICIES o The County shall support the creation of industrial parks in appropriate locations as an alternative to strip development. o It shall be the policy of the County to achieve a broader diversification of local industries by providing opportunities for new industries and strengthening existing industries. 7 o Through its zoning powers, the County shall locate industrial areas convenient to transportation facilities, and provide a variety of industrial zoned districts and lot sizes, depending on the needs of the industries and the communities. o The County shall attempt to improve the aesthetic quality of industrial sites and protect amenities of adjacent areas by requiring landscaping, open spaces, buffer zones, and design guidelines. o Industrial development shall be located in areas adequately served by transportation, utilities, and other amenities. Redeveloping or newly developing areas shall be developed in concert with programmed public and privately funded infrastructure to meet the expected needs. o The County shall review the Zoning Code in light of emerging new industries and shall establish new land use regulations as necessary. STANDARDS o Industrial development shall maintain or improve the quality of the present environment. o Industrial activities may be located close to raw materials or key resources. o Topography of industrial land shall be reasonably level. o Industrial development shall be conveniently located to its labor. H C. General Plan Designation: The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The subject property is designated as Industrial. These areas include uses such as manufacturing and processing, wholesaling, large storage and transportation facilities, and light industrial uses. The proposed MCX zoning and uses is consistent with this designation. D. County Zoning Code: The purpose of the Industrial -Commercial Mixed District (MCX) is to allow mixing of some industrial uses with commercial uses. The intent of this district is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing non -industrial uses to unsafe and unhealthy environments. This district is intended to promote and maintain a viable mix of light industrial and commercial uses. The proposed zoning will allow for the permitted uses described in Section 25-5-132 of the Zoning Code. E. Community Development Plan: The Keahole to Kailua Development Plan, designates the subject area as Industrial. The proposed industrial -commercial mixed use development is consistent with the Keahole to Kailua Development Plan, F. Special Management Area: The subject property is not located within the County's Special Management Area (SMA), and as such does not require a SMA permit. 0 G. Chapter 205A: Coastal Zone Management Act., The subject property is located approximately one mile from the shoreline surrounded by a regional roadway system and an industrial subdivision. The proposed use of the subject property will not negatively impact recreational resources, visual resources to or from the shoreline, including access to and along the shoreline or coastal ecosystems. Therefore no scenic or open space resources to the shoreline coastal view plane or coastal ecosystem will be negatively impacted by the proposed action. H. Mountain Access: The subject property is surrounded by the regional roadway system and residential and industrial subdivisions. The property is not used for access to the mountains or any mountain feature, therefore no public access to these areas will be impacted by the proposed action. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING: Physical Characteristics/Environmental Setting. A. The 4.383 acre lot is roughly a rectangular shaped lot located between Hina Lani Street on the north and Olowalu Street on the south. Kamanu Street is to the east and Kanalani Street is to the west. Please see the location map in the exhibits. B. The property's access is along Olowalu Street with approximately 550 feet of frontage. C. The subject property's elevation is between 200 and 300 feet above mean sea level. D. Annual rainfall for the area is 68.3 inches according to An Inventory of Basic Water Resources Data: Island of Hawaii, published by the Department of Land and Natural Resources, Station No. 68.3. E. The site is slopes from its eastern (mauka) boundary down to the western (makai) boundary at a grade between 5 and 10%. F. The site is presently vacant and has been previously graded extensively for development. Please see the site photographs in the exhibits. 10 G. The U. S. Geological Survey has categorized the island into nine zones of comparative hazard rates from lava flows, with Zone 1 being the highest and Zone 9, the lowest severity of hazard. The U. S. Geological Survey designates the subject property as Lava Hazard Zone 4; about 5% of this area has been covered by lava since 1800 and less than 15% of this area has been covered by lava in the last 750 years. This area covers all of Hualalai, where the frequency of eruptions is lower than on Kilauea and Mauna Loa. Flows typically cover large areas. H. The site is located approximately one mile from the ocean at Kaloko Point. I. The State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) has no classification for this property. J. The U.S.D.A. Natural Resources Conservation Services Soil Survey Report the soil type is lithosol, a soil lacking definite genetic horizons, consisting of a freshly or imperfectly weathered mass of hard rock or hard rock fragments. The property is composed almost entirely of basaltic rock. K. The Land Study Bureau's overall master productivity rating system classifies the soil as Class "E" or Very Poor for agricultural use. L. According to the Flood Insurance Rate Map (FIRM) prepared by the U.S. Army Corps of Engineers, the pr'bperty is in Zone "X", an area outside the 500 -year flood plain. The natural drainage system consists of rainfall percolating through the layers of very porous lava to the underground water table. This is evidenced by the topography having no definable streams. There is no record of flooding in this area. M. The applicants will abide by all applicable County guidelines for run-off generated by the development. Any improvements must comply with Chapter 27 of the County Code relating to Flood Hazard Control. Historic Resources: An archaeological reconnaissance survey of the subject property was prepared by Lloyd Soehren in 1980 for the State Land Use Boundary amendment. No historical or archaeological sites listed on the State or National Historic Registers exist within the property. Please see the exhibits for a copy of this letter. Cultural Resources. No valued cultural, historical or natural resources exist on the subject property and no gathering is taking place. To the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights, therefore no action is necessary to protect those rights. Natural Resources (Flora -Fauna): The natural vegetation is characterized by Fountain grass, Red -top grass, Klu and Caper. The site has been extensively graded as part of the preparation of the existing industrial park. The developed nature of the site and surrounding properties makes it unlikely that this property would host any endangered fauna. The presence of feral cats, mice and mongoose have been observed. Social -Economic Characteristics: A. Social settlement pattern for the area: The population of Kona has grown steadily since 1965 as a result of the expanding visitor industry in West Hawaii, which has a large and growing share of the visitors to the island and consequently the de facto population is larger than the census might indicate. At any given time, up to one- fourth of those present in Kona are visitors. The ethnic composition of the North and South Kona Districts at the time of the 1990 U.S. Census was as follows: Caucasian: 54.6 %; Hawaiian: 18.6 %; Japanese: 13.6%; Filipino: 8.3%; Other: 5.3%. This distribution illustrates a multicultural community with no distinct minority groups, although the Caucasian population is an expanding majority (Source: U.S. Census Data: Table 6, :1990 Census of Population. General Population Characteristics," 1990 CP -1-13) B. Economic resources of the area: This area is an industrial park. Presently there are numbers of industrial and commercial type uses in the immediate vicinity of the subject property. Mauka of the site are residential subdivisions of various densities. These subdivisions include Kona Palisades, Kona Heights and Kona Acres. 12 C. Land Values: According to Realtors in this area, industrial property is selling for $8.00 to $9.00 a square foot. Surrounding Lands: Land Use/Zoning: A. The property to the north, south, east and west are in the urban district and zoned Limited Industrial one -acre (ML-Ia) . B. Properties within the Kaloko Business Park are used for industrial type uses, warehousing, manufacturing, restaurants, mini -storage, building supply storage, commercial and retail type uses. PUBLIC FACILITIES AND SERVICES A. Access to the proposed project is proposed to be from Hina Lam Street to Kanalani Street to Olowalu Street that abuts the subject property within the Kaloko Business Park. These are all County maintained roadways with 24' of pavement within 60' rights-of-way. Please seethe exhibits for vicinity maps and the regional roadway alignment. B. Utilities will be provided tathe subject property from overhead utility lines on Olowalu Street. No increase in use will occur as a result of the proposed action. C. Water is available to the site from the existing County Department of Water Supply waterline on Olowalu Street. As there is no municipal system in this area, sewage will be disposed of via an individual wastewater treatment system approved by the State Department of Health. The proposed change of use will not increase the volume of water required or the amount of wastewater generated. D. The nearest police station is located at Kealakehe, approximately two and one-half miles from the project site. E. There is a fire station at the intersection of Palani Road and the Queen Kaahumanu Highway, less than 4 miles from the site. F. The nearest public schools are located in Kealakehe, approximately three miles from the subject property. 13 ENVIRONMENTAL ASSESSMENT AND ANALYSIS A. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: In terms of the relationship between short- term use of man's environment and the maintenance and enhancement of long-term productivity, no short-term exploitation of resources that would entail negative long- term consequences has been identified for the proposed action. The proposed action is a change of the type of use allowed on the property, not a change in the type of structures developed on the property. B. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: All construction on the site will comply with all governmental regulatory controls to mitigate noise and dust during the construction period. All structures and infrastructure improvements constructed will comply with all federal, state and county requirements. Any important cultural, historical and natural resources will be treated in accordance with agency requirements. C. Alternatives to the proposed development: One alternative to the proposed action would be to leave the entire parcel industrially zoned. This would not allow the commercial type uses proposed by the applicant, although these uses are widely seen in the Kaloko Business Park on property that is presently zoned ndustrial. D. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action is implemented. The construction of a mixed industrial - commercial structure is no different than the presently permitted industrial type structures. Interior finishes may be somewhat different but it would involve the irreversible and irretrievable commitment of negligible quantities of natural resources. Given the conformance with all established State and County goals, policies and plans; the physical characteristics of the site and surrounding area; the present zoning and uses of the surrounding area; the minimal impact on public facilities and services; the minimal impact on the environment; the applicant requests a favorable consideration of the change of zone application. 14 x;t t EXHIBLTS `� r INC CHANGE OF ZO PIIC TIONa 3 s Archaeological "Re conal Location s ' a •{t .y9r�y {{. ,Sy 41'�h.+' C Sitte Plan w h� t' ,x 4 p. a 5 Ele� va ons j *'a 01« �Tkl ^4 1 � � H ° M1; -; ¢R� • d f 'a 4'" # - t a OV ��43 t{•x � a 4 E w � rn ;y�rt`t w� x 4 t RP i s e y V6M � Hent Letters � fr. 3 RR 1, i s 581 Captain Cook, HI 96704 4 I^.arch, 1980 Mr. Kazuo Omiya, Vice-president Kobayashi Development & Construction Inc. 1150 S. King Street, Suite 901 Honolulu, HI 96814 Dear Mr. Omiyat In response to your request of 6 November, 1979, I have searched for archaeological and historical features on a portion of the _. parcel identified by Tax Map Key 7-3-09,1, situated at Kaloko, North Kona., Hawaii. The area examined consists of approximately 90 acres at the southwest corner of the parcel, adjoining the KaahumanuHighway and the land of Honokohau, as shown on the ac- companying plan. The terrain is rough lava throughout, predominantly a'a to the south and pahoehoe to the north, with no soil and sparse vege- tation. It lies from about 4000 feet to 5700 feet from the shore and rises from approximately 80 feet to 160 feet in elevation. Average annual rainfall is probably less than twenty inches. Such land was marginal to the aboriginal Hawaiian economy, which was based on horticulture and fishing. Permanent habitations were generally situated near the shore or at higher elevations where more abundant rainfall and soil permitted the cultivation of food crops. It was not until after the introduction of graz- ing animals, especially goats, that such land became economically productive; until then ,fit served primarily as a source of wild plants having utilitarian value, to be gathered when needed. The shore of Kaloko was of exceptional value, however, because of its large loko kuaPaw walled fishpond. Kaloko pond and TAi- makana in neighboring Honokohau are the only such ponds on —the west side of the island today. The pond with the distant uplands rich in forest resources and farm lands made Kaloko a valuable property in aboriginal as well as historic times; hence its award to Lot Kamehameha, grandson of Kamehemeha the Great, at the Mahele in 1848. More recently the parcel between the shore and the Kaahumanu Highway has been Included in the proposed Kaloko- Hono- kohau National Cultural Park in recognition of Its major historic and cultural value. ?n searching for archaeological features, I have traversed from south to north along the west and east sides of the parcel, and from west to east along the north and south sides. I have found no trails or other structures attributable to the abDriginal Hawaiian culture In the area examined. A single waterworn pebble, probably used as a slingstone, was found near the highway. In my opinion, there is little llklihood that any archaeological fea- tures will be found in the area with the possible exception of graves. Mr. Kazuo Omiya, page two These may be concealed in the difficult to find. Some may were seen. A more exhaustive In conjunction with any future 4 March, 1980 lava flows and can be exceedingly be marked with stone cairns but none search would, perhaps, best be done grubbing or grading in the area. Because much of the area is on pahoehoe lava there is a possibil- ity that lava tubes will be exposed by grading or construction. In that event an archaeologist should examine the tube for evidence of human occupation or the presence of graves. If graves are found which will be disturbed by construction, whether in a lava tube or elsewhere, provisions of section 338-25.5 Hawaii Revised Statutes and of Chapter 1 of Public Health Regulations, relating to disinterments, are applicable. If I can be of further assistance, please call. My invoice is enclosed. Very tru y yours. Ll yd Soehren Encl. Consulting archaeologist act Historic Preservation Office Bishop Museum ALOKO PT.. WAWAHIWAA PT, Q O 0 7 i MALIU PT. Rit 1, .x 581 Captain Cook, HI 96704 20 March, 1980 Mr. Kazuo Omiya TSK Associates 1150 South King Street, #901 Honolulu, HI 96814 Dear Mr. Omiyai In response to your letter of 6 March, 1980, I have searched for archaeological and historical features on a portion of the parcel identified by Tax Map Key 7-3-0911, situated at Kaloko, North Kona, Hawaii, shown as Phase 2 on the accompanying plan. The area surveyed is an extension of that examined and described in my report to Kobayashi Development & Construction Inc., dated 4 March, 1980, and shown as Phase 2 on the accompanying plan. The general and. historical remarks in that report are thus equally ap- plicable to this and therefore will not be repeated. In summary, the area examined lies between the upland agricultural zone and the littoral habitation zone, and was unsuited for either activity In aboriginal times. There is, consequently, little likl ihood of archaeological features other than trails and possibly graves being present on the surface of the area. In searching the area I have traversed from west to east along the north side of the proposed subdivision as far mauka as the hog wire fence. The fence appears to coincide with the eastern side of the project and probably marks the upper boundary of the conservation zone as well. This line was followed south to the ala flow along the Honokohau boundary.- Additional transects were walked from the southeast to the northwest corners and from the center of the east boundary toward the southwest corner of the subdivision. A stepping stone trail crosses a narrow finger of a'a lava along the north side of the subdivision, about 1000 feet mauka of Kaahu- manu Highway. The stepping stones are thin, flat slabs of pahoehoe. The trail leads northeasterly toward Hue and southwesterly toward Honokohau, but is not visible on the pahoehoe on either side of the a'a. A cairn (ahu) of small, flat slabs of lava was noted on the pahoehoe a few yards from the southwest end of the trail. It is about three feet indlameter and four feet high, and may have been a trail marker. A similar ahu was found some distance farther maul -ca. Two similar trails, only about 50 feet apart, were found crossing a narrow patch of a'a only 100 feet wide, about 500 feet mauka of the first trail. Near the north end of the upper trail is a possible grave site in the a'a. No trails are discernible on the pahoehoe. Midway along the mau?ta boundary, Rlongside the proposed mauka en- tranoe to t},e subdivision, the fence crosses a major lava tube com- 1Ar-:x. AT., t 1011 feet makai of the fence, at the makai end of a col- a -,n, ,-Lon of tlr, tube the entrance to a large, deep tube ,;',cu':' 1.F, �!-plored wi('r.nce of occupation and graves before Mr. Kazuo Omiya, page two 20 March, 1980 nr,nnt;rnnl;lnn nIon nrr II. A quantity of discarded corrugated roofing ,,.n,t ot.l,er 1,1,1.l.r17rnv, mntorittIn hon been dumped into the depression at the entrance to the tube. The collapsed portion of the tube extends mauka from the fence for several hundred feet and will probably be in the path of future roads although outside the subdivision itself. Evidence of Hawaiian occupation was found under two natural arches and other overhairgs, chiefly shellfish remains and areas cleared for sleeping. Such shelters were commonly used as temporary camp sites by travelers or perhaps as refuges during times of civil unrest or warfare. Some dripping water was noted in the lava tubes, which might have been collected for drinking. Such sources of water were important in this dry region. About 400 feet south of the entr-ranee to the deep tube is another, relatively near the surface and with a thin roof but quite roomy near the entrance. Shellfish remains and cleared areas were noted Inside but there is no indication of extensive or intensive use of the cave. The entrance has been cleared and is readily accessi- ble. The tube should be examined thoroughly before being destroyed. The a'a lava flow covering the south boundary of Kaloko extends several hundred feet northward in places. Quarry operations on this flow in the adjoining land of Honokohau have intruded into Kaloko at the southeast corner of the proposed subdivision, reach- ing up to the old Huehue Ranch road in several places. Whether any archaeological features were present in the area cannot now be determined, of course, but it is unlikely that there were any. On this flow were noted several varieties of trees characteristic of the lowland botanical "region, including ohe, halapepe and ala- heve. Others would undoubtedly be recognized by a botanist. Because the proposed subdivision is on predominantly pahoehoe lava, additional lava tubes which may have been utilized by the early Hawaiians will undoubtedly be found. Such uses in this region would include temporary habitation, the collection of water and Interments. Any tubes found during the course of construction should be examined by an archaeologist. If graves are found which must be disturbed, whether in a lava tube or elsewhere, provisions of section 338-25.5 Hawaii Revised Statutes and Chapter i of Public Health Regulations, relating to disinterments, are applicable. If I can be of further assitance, please call. My invoice is enclosed. Very truly yours, Encl. Lloyd J. Soehren Consulting archaeologist cce Historic Preservation Office !`-nice P. Bisv,n� ,t.,. u i WAWAHIWAA PT. u I ALOKO PT. PHASE I PHASE 2 MALIU PT. R �SZI R x . i u 4 � Y if kW 4 M7 a y. syi f 'h r.i �G � 9 \01 Road Open 8.3:30_ Kamm ft h I K=KLO .vuSh 1 NAPL PARK 1 MILE Ka1M n B•••kNN � say M.K. h Honokokau sm. Boat Harbor NNa h i yr 3 Raloko S Industrial t Park 0 COO* I I 11 y War E Hawaii fonnen • Il I Chew"" _ so \ Pkwy I xee4y 96NOW I �G I y. Radia. Tawe/ / 4 Radio. / D TOww / 4 oca is INf. Y Cn for APPlicd A$�calaae � i v n.... Lilivakak 'Out luawdoIanap ONOJO { ash paxlW o�olo>j J LL P LU / P� r J k .S � a a W " w J U a S � • I iJ -'s I A�Aklr,, IF O IF 4�1 4 41 F3 BEFORE THE LAND USE COMMISSION OF THE STATE OF HAWAII In the matter of the Petition of TSA CORPORATION To Amend the Land Use District Boundary of Certain Lands situated at Kaloko, North Kona, Island of Hawaii, State of Hawai'i, consisting of approximately 102.016 acres, Tax Map Key: 7-3-051: portion of 060, from the Conservation District to the Urban District DOCKET NO. A00-732 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION AND ORDER FOR A STATE LAND USE DISTRICT BOUNDARY AMENDMENT; EXHIBIT A This is to certify that this is a true and correct copy of the Decision and Order on file in the office of the State Land Use mmissiort, Honolulu, Hawaii. 2-14-02 by Date Executiv FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION AND ORDER FOR A STATE LAND USE DISTRICT BOUNDARY AMENDMENT EXHIBIT 6 DECISION AND ORDER IT IS HEREBY ORDERED that the Property being the subject of Docket No. A00- 732, filed by Petitioner, TSA Corporation, consisting of approximately 102.016 acres of land in the State Land Use Conservation District at Kaloko, North Kona, Island of Hawaii, County of Hawaii, State of Hawaii, identified as Tax Map Key No. 7-3-051: portion of 060, is hereby reclassified into the State Land Use Urban District, and the State land use district boundaries are amended accordingly, subject to the conditions of approval set forth herein. This Commission is acutely aware that continuous development is planned for this coastline. Although each developer might claim that only a "small amount" of pollution will result from their development and that the area's ecosystem will show "little" effects, these developments and their impacts are cumulative and, absent strong mitigation measures, have the potential to devastate the fragile resources of the coastal and marine aquatic environments of the entire Kona coastal region. Absent adequate, effective and enforceable conditions of approval, including removal of wastewater nutrients and surface runoff contaminants, Petitioner's proposed industrial development has the potential to cause unacceptable adverse impacts to coastal resources, particularly the natural and cultural resources of the adjacent National Park and the traditional and customary native Hawaiian practices -103- that depend on the pristine nature of such resources. Based upon the findings of fact and conclusions of law stated herein, it is hereby determined that the customary and traditional native Hawaiian practices, the cultural resources, and the important natural systems and habitats of the National Park that have been identified herein shall be adequately protected by the conditions of this decision and order. To protect the exercise of customary and traditional native Hawaiian practices; to protect the historical and cultural resources of the coastal area including the Kaloko- Honokohau National Historical Park; to ensure the health and preservation of the natural systems and habitats of the National Park, including the endangered, threatened, and endemic species and their habitat, the reclassification of the Property shall be subject to the following conditions. Wastewater la. The Petition Area shall be developed with dry sewer lines for eventual connection to the Kealakehe Wastewater Treatment Plant (WWTP). lb. The Petition Area shall be required to connect to the WWTP, when such connection is available. The Petitioner, its successors, and assigns, shall collaborate with the Countyof Hawaii to include the Petition Area within an improvement district, if one is developed to fund the connection to the WWTP. The Petitioner or individual 104- lot owners within the Petition Area shall pay for their fair share of the cost to fund such connection to the WWTP, whether or not an improvement district is established. Ic. The Petitioner and/or any future owner(s) of the Petition Area shall refrain from constructing upon or occupying any portion of the Petition Area until such time as the portion (e.g., lot) to be constructed upon or occupied is connected to the WWTP, unless in the interim, the portion to be constructed upon or occupied has installed a septic tank system (i.e., Individual Wastewater System (IWS)] designed to remove no less than 60% Total Nitrogen from the treatment system (e.g., septic tank with FAST, Biofilter, Recirculation Filters, Sequential Batch Reactor, or comparable technology) and an absorption field of import material which is designed to achieve no less than 80% reduction of nitrogen; featuring adequate percolation rate; and offering additional phosphorus removal. Installation is subject to conditions of approval dictated by the Director of the Hawaii State Department of Health and Hawaii Administrative Rules (HAR) Title 11 Chapter 62. When connection to the WWTP becomes available, all portions of the Petition Area, including all individual lots therein, shall connect to the WWTP, whether or not an interim wastewater treatment system has been installed. Id. Utilization of the IWS described above (i.e., septic tank with FAST, Biofilter, Recirculation Filters, Sequential Batch Reactor, or comparable technology and an absorption field of import material which is designed to achieve no less than 80% I0s- reduction of nitrogen; featuring adequate percolation rate; and offering additional phosphorus removal) shall be limited to no more than 45% of the individual lots to be developed in the Petition Area. le. The owner of the IWS shall certify with the Hawaii State Department of Health that the IWS shall be operated and maintained in accordance with all of the provisions of the operation and maintenance manual developed pursuant to HAR 11- 62. The certification shall include that upon the sale or transfer of ownership of the IWS, the sale or transfer will include the appropriate transfer documents and provisions binding the new owner to the operation and maintenance manual. If. Petitioner and/or each individual lot owner(s), shall develop and participate in a Wastewater Treatment System Maintenance Agreement, before constructing upon or occupying any portion of the Petition Area, that shall provide for safe and effective operation and maintenance of the treatment unit(s), whether shared or individual, and/or the temporary sewage line. This requirement shall be included in the conditions of sale of any lot and/or parcel in the Petition Area. Ig. Should the National Park Service elect to pursue installation of a temporary sewage line to the WWTP for the Kaloko-Honokohau National Historic Park Visitor Center construction project, the Petitioner may elect, subject to prior authorization by the National Park Service, to dispose of wastewater from not more -106- than 20 one -acre lots in the Petition Area, via such temporary line to the WWTP. In no event shall the temporary sewage connection be in place and utilized for longer than five (5) years from the date of completion of construction of such temporary line except at the sole discretion of the National Park Service. The Petitioner shall pay its fair share cost to fund such temporary connection to the WWTP, as determined by the National Park Service, the Petitioner and the County of Hawaii. When connection to the WWTP becomes available through permanent sewer lines, all portions of the Petition Area, including all individual lots that may have been connected to the above described temporary sewage line, shall connect to the WWTP through permanent lines, whether or not one or more lots were connected via the temporary sewage line. Connection of not more than twenty (20) one -acre lots to the WWTP via such temporary sewage line does not release any other individual lots within the Petition Area from compliance with any other condition(s) of this decision and order. Storm and Surface Water Runoff 2a. To the extent possible, all storm and surface water runoff shall be captured on the premises. To the extent possible, all runoff entering the ground shall be first treated to remove all industrial waste so that no industrial pollutants will reach the Kaloko-Honokohau National Park or enter the water table. Petitioner shall be subject to and prepare covenants, conditions, and restrictions for the Petition Area to contain spills and prevent materials associated with light industrial uses attributable to the operations of property, including petroleum products, chemicals, or other pollutants from leaching or draining into the ground or subsurface storm drain collection areas. Said covenants shall be subject to the approval of the Hawaii State Department of Health, upon consultation with the National Park Service, and the County of Hawaii. The Petitioner and/or tenant shall obtain all required permits and construct required improvements for storm water discharge on and from the property. These conditions shall include the following: 2b. Prior to the occupancy of any part of the Petition Area, the Petitioner shall engineer, construct (or require to be constructed) and maintain surface water/storm water containment systems that ensure no State water quality standards will be violated. 2c. No injection well shall be constructed as an element of a surface water/storm water containment system in the Petition Area unless, prior to the start of any construction, appropriate requirements of HAR Chapter 11-23 are satisfied and the Hawaii State Department of Health issues an UIC (Underground Injection Control) permit. Contaminants shall be monitored and removed with best efforts prior to entering injection wells. 2d. If a large void, such as a lava tube or solution cavity, is encountered during drilling, where the drill rod drops more than three feet, measures shall be taken to prevent migration of the injected fluids to the Kaloko-Honokohau National Park to the satisfaction of the Hawaii State Department of Health as described in HAR §11-23- 09(f). 2e. All injection wells established in the Petition Area shall be operated in such a manner that they do not violate any of the Hawaii State Department of Health's administrative rules under title 11 HAR, regulating various aspects of water quality and pollution, and chapters 342-13, 342-D, 342-F, 342-H, 342-J, 342-L, and 342-N, Hawaii Revised Statutes (HRS). Relevant HAR include but, are not limited to: i. Chapter 11-20, "Rules Relating to Potable Water Systems"; ii. Chapter I1-62, "Wastewater Systems"; and iii. Chapter 11-55, "Water Pollution Control". 2f. The operator of any injection well or wells in the Petition Area shall keep detailed records of the operation of the well or wells, including, but not limited to, the type and quantity of injected fluids, and the method and rate of injection for each well. Such records will be available for inspection or review by the Hawaii State Department of Health as specified under appropriate sections of HAR Chapter 11-28. 2g. Any person who violates any of these conditions shall be subject to penalties as prescribed in appropriate chapters of HRS and HAR as they relate to (but -109- are not limited to): Potable Water Systems; Wastewater Systems; Water Pollution Control; Safe Drinking Water; and Underground Injection Control. 2h. The Petitioner, successors and/or individual lot owners in the Petition Area shall ensure that all drainage injection wells or subsurface drainage structures be designed with a debris catch basin to allow the detention and periodic removal of rubbish and sediments deposited by runoff. Storm water runoff shall first enter the debris catch basin before flowing into the drainage well. The debris catch basin's volume should be at least two (2) cubic yards (or approximately 4'x4'x4'). The debris catch basin shall be periodically inspected and cleaned accordingly. Oil/water separators shall be utilized where petroleum products are used. Pollution Prevention 3a. Any public or private industrial development within the Petition Area which could be considered a new source of pollution or an increased source of pollution shall, in its initial project design and subsequent construction, provide the highest and best degree of waste treatment practicable under existing technology. 3b. Before constructing upon or occupying any portion of the Petition Area, a Pollution Prevent Plan (PPP), after consultation with the National Park Service, shall be developed that addresses each of the types of uses permissible in the light industrial park, by specifically designating Best Management Practices (BMPs) tailored to each I In specific use. Emphasis shall be given to structural BMPs to prevent any and all pollutants that may be associated with such industries from being released into the environment, including reaching the groundwater. Structural BMPs shall include, but shall not be limited to, oil/water separators, detention ponds, lined containment pits, and stormwater filtration units designed to contain and remove industrial contamination. The PPP shall include but not be limited to: i. All cleaning, repairs and maintenance of equipment involving the use of industrial liquids, such as gasoline, diesel, solvent, motor oil, hydraulic oil, gear oil, brake fluid acidic or caustic liquids, antifreeze, detergents, degreasers, etc. shall be conducted on a concrete floor, whether roofed or unroofed. The concrete floor shall be constructed to contain any drip or spills and to provide for the recovery of any spilled liquid. Water drainage from these concrete floors if necessary, shall pass through a separator sump before being discharged. ii. Any containers used for storage of used oil or other industrial liquids shall be kept on a concrete surface. The surface shall be bermed to prevent the loss of liquid in the event of spills or leaks. The containers shall be sealed and kept under shelter from the rain. (The Department of Labor and Industrial Relations' Occupational Safety and Health regulations, sections titled, "Housekeeping Standards" and "Storage of Flammable or Combustible Liquids," shall be followed along with the local fire code.) iii. All employees shall be informed to immediately collect and contain any industrial liquid spills on the concrete floor and should be informed against discharging or spilling any industrial liquids. Employees shall be aware to prevent any industrial spill onto the bare ground. In the event that a specific use is proposed for the Petition Area that is not specifically addressed in the PPP, the Petitioner and/or the individual lot owner(s) proposing such use shall consult with the National Park Service to establish a set of BMPs appropriate for such proposed use and consistent with the goal of preventing any and all pollutants from being released into the environment. In the event that the Petitioner and the National Park Service cannot agree upon a mutually acceptable PPP within 12 months of the date of issuance of the boundary reclassification, the Commission shall review the draft PPP, along with written comments from Petitioner, the National Park Service and the other parties, and shall issue a final PPP. In no event shall the Petitioner and/or individual lot owner(s) construct upon or occupy any portion 112- of the Petition Area until such time as the final PPP is complete. The final PPP shall be recorded and shall run with the land within the Petition Area in the same manner as all conditions of approval imposed by the Commission. 3c. The Petitioner, its successors or individual lot owners shall provide signage for all drainage/injection wells in the Petition Area with warnings such as the following: DUMP NO WASTES. GOES TO GROUNDWATER AND OCEAN. HELP PROTECT HAWAI'I'S ENVIRONMENT. Signage shall be either stand-up (legible from at least 30 feet, permanently posted at an effective and safe height) or painted on the ground next to the drainage well's inlet. 3d. For parking areas, BMPs will be established as covenants running with the land, which emphasize pollution prevention rather than treatment. All large vehicles such as buses, trucks, or construction equipment shall utilize drip pans to avoid release of petroleum onto paved surfaces. Areas used primarily for automobile parking shall be periodically checked and cleaned to avoid buildup of oil or other automotive fluids. Maintenance work other than emergency work on vehicles will be banned in parking areas. 3e. Where site geometry permits, the Petitioner, its successors or individual lot owners shall design and construct (or require to be constructed) landscaped areas, 113- including grassed or vegetative swales to capture storm water drainage from all perimeter lots, facilities, and parking areas of the Petition Area. 3f. Owner or operator covenants developed for the Petition Area shall expressly disclose to all future individual lot owner(s) the existence of the National Park System Resource Protection Act, 16 U.S.C. Sections 19jj-19jj-4, and the consequences of violation of such act. In particular, future land owners shall be made aware that any person who destroys, causes the loss of, or injures any park system resource is liable to the United States for response costs and damages resulting from such destruction, loss or injury. 3g. The Petitioner shall participate and collaborate in a regional (Kaloko- Honokohau) pollution prevention forum to be convened by the Commission within one year from the issuance of this decision and order. Intervenor shall be invited as well. Topics to be discussed include: pollution prevention planning; best available control technologies (SACT); structural and operation BMPs addressed to the type of uses permissible in the light industrial park, and formulas for determining fair and reasonable pro -rata share costs relating to any ground water monitoring program. Participants in this forum should include but not necessarily be limited to individuals 114- or entities with property or development interests impacting the Queen Kaahumanu Highway corridor extending from the Kona International Airport to the Palani Road intersection. Groundwater Quality Monitoring 4. The Petitioner shall contribute its fair and reasonable pro -rata share of costs relating to a ground water monitoring program of USGS Wells 4161-01, 4161-02 and 4061-01, Aimakapa Pond, Kaloko Pond and two (2) other anchialine ponds of the Kaloko-Honokohau Historic National Park as identified by the National Park Service. Monitoring would continue once every six months for 10 years from initial occupancy, or until such time as sewer lines and hookup to the W WTP is implemented. Constituents to be monitored shall be of a full suite of nutrients (including nitrogen and phosphate), contaminants (including metals, phenolic compounds, pesticides and pesticide breakdown products, chlorinated solvents, BTEX compounds, selected pharmaceutical endocrine disruptive compounds, such as ethinyl estradiol, and nonylphenol), and standard water duality parameters (including pH, temperature, dissolved oxygenates, and salinity). The fair and reasonable pro -rata share of costs will be determined by the Commission and in conjunction with the findings generated at the regional pollution prevention forum discussed above. Regional/Local Transportation 5a. The Petitioner shall participate and collaborate in a regional (Kaloko- Honokohau) transportation planning forum to be convened by the Commission within one year from the issuance of this order. Participants in this forum to be convened include but, are not limited to individuals or entities with a property or development interest impacting the Queen Ka'ahumanu Highway corridor extending from the Kona International Airport to the Palani Road intersection. Topics to be discussed include: regional transportation planning issues; the timing and cost of necessary improvements to the Queen Ka'ahumanu Highway as described in the Hawaii Long Range Transportation Plan; determination of individual fair share contributions; and process for resolving any conflicts which may arise. 5b. The Petitioner shall contribute their fair and reasonable pro -rata funding and construction of regional transportation improvements and programs to the satisfaction of the State Department of Transportation for the Petition Area. 5c. The Petitioner shall participate and collaborate with the County of Hawaii Department of Public Works and other affected agencies in the development of County feeder streets within the Petition Area. 5d. Petitioner shall participate in the fair and reasonable pro -rata funding and construction of any such roadways from its northern boundary to the southern ii6- boundary in accordance with the roadway requirements of the County of Hawaii. 5e. Petitioner shall provide an appropriate easement as determined by the County of Hawaii on the south end of Kamanu Street in order to provide a North-South connection with the adjoining property. Financial Contribution Plan 6. The Petitioner shall coordinate with affected State or County agencies the development of a financial plan for satisfying any financial contributions or requirements associated with this petition. All such plans may provide for an annual fair share incremental payment to the affected agency by the Petitioner out of the development revenues or otherwise. The affected State or County agency may establish a dedicated escrow account for the deposit and utilization of the financial contribution from Petitioner to facilitate this plan. Affordable Housing 7. The Petitioner shall submit a housing needs assessment and implementation plan to the Commission and appropriate County housing agency for their review and approval within six months of the issuance of this decision and order and comply with the County of Hawaii affordable housing policy. The housing needs assessment shall be based on an analysis of the jobs generated by the development, the projected number of qualified households which may be entitled to housing assistance -1 n- as specified by the County of Hawaii, the number and availability of affordable housing units and rentals in the West Hawaii area (both planned and built), the projected number of employees from the development who might be expected to commute from East Hawaii, the number of owner occupants (within the Petition Area) who reside in the West Hawaii area and the number of employees who might already reside in the West Hawaii area. Archaeological/Historical Sites 8a. Eight sites (21999, 22010, 22014, 22016, 22017, 22018, 22023, and 22032) retain the potential to yield information important for understanding prehistoric and historic land use. If Petitioner believes that one or more of these sites cannot be preserved, it shall provide to the Land Use Commission no later than six (6) months after this decision and order is issued a mitigation plan for its review and approval. 8b. Should any previously unidentified burial, archaeological or historical sites such as artifacts, marine shell concentrations, charcoal deposits, stone platforms, pavings or walls be found, the Petitioner, developer(s) and/or landowners of the affected properties shall stop work in the immediate vicinity and the State Historic Preservation Division of the Department of Land and Natural Resources (SHPD) shall be notified immediately. The significance of these finds shall then be determined and approved by the SHPD. Subsequent work shall proceed upon an archaeological SM clearance from the SHPD when it finds that mitigative measures have been implemented to their satisfaction. Landscaping 9a. Petitioner shall develop a landscaping plan for the Petition area that can be followed by each subsequent lot owner/tenant. Fishermen knowledgeable of traditional reference points used in locating fishing grounds, and the National Park Service shall be consulted on the development of building and landscape design guidelines prior to construction to maintain these reference points. 9b. Petitioner, where feasible, shall use indigenous and water conserving plants such as the papyrus (native paper plant) and incorporate the same into common area landscape planting. 9c. The Amy B.H. Greenwell Botanical Garden, Kaloko-Honokohau National Historical Park and other interested parties and educational institutions shall be afforded the opportunity to gather seeds and cuttings of native plants on the property that cannot be rescued or incorporated into the project's landscaping plan. 9d. The Petitioner shall provide buffer fences/buffer strips to protect the Bidens Micrantha, a candidate endangered species by establishing a buffer zone with a minimum width of 30 feet, in the immediate vicinity of Bidens Micrantha 91 plant identified in the EIS. The Petitioner shall ensure that genetic material (seeds and M cuttings) are propagated from the other three Bidens Micrantha plants located within the makai portion of the Petition area. Soil Erosion and Dust Control 10. Petitioner shall implement efficient soil erosion and dust control measures during and after the development process to the satisfaction of the Hawaii State Department of Health. Civil Defense 11. Petitioner, developers and/or landowners of the affected properties shall add a solar powered siren with 115 Dbc omni directional speaker array, and insure that the siren be installed in a central location funded and constructed according to adequate civil defense measures as determined by the County of Hawaii and State Civil Defense agencies. 12. Petitioner shall develop the Petition area in full compliance with all material representations made by the Petitioner to the Commission. Failure to do so for any reason including but not limited to economic feasibility, may result in the imposition of fines as provided by law for each and every separate violation, reversion of the Petition area to its former condition by Petitioner at Petitioner's own expense, reversion of the Petition Area to its former classification or a change to a more appropriate classification and/or any other legal remedies, including but not limited to -120- suit for actual and punitive damages under Federal or State law or suit for injunctive relief that requires the developer to restore the project area to its former condition. 13. Petitioner shall give notice to the Commission of any intent to sell, lease, assign, place in trust, or otherwise voluntarily alter the ownership interests in the Petition Area, prior to development of the Petition Area. 14. Petitioner shall timely provide without any prior notice, annual reports to the Commission, the Office of Planning, and the County of Hawaii Planning Department in connection with the status of the subject project and Petitioner's progress in complying with the conditions imposed herein. The annual report shall be submitted in a form prescribed by the Executive Officer of the Commission. 15. The Commission may fully or partially release the conditions provided herein as to all or any portion of the Petition Area upon timely motion and upon the provision of adequate assurance of satisfaction of these conditions by Petitioner. 16. Within 7 days of the issuance of the Commission's Decision and Order for the subject reclassification, Petitioner shall (a) record with the Bureau of Conveyances a statement that the Petition Area is subject to conditions imposed by the Land Use Commission in the reclassification of the Petition Area, and (b) shall file such copy of such recorded statement with the Commission. Petitioner shall record the conditions imposed by the Commission with the -1�1- Bureau of Conveyances pursuant to Section 15-15-92 Hawaii Administrative Rules. All such conditions shall run with the land. 122- THIS PAGE LEFT INTENTIONALLY BLANK -123- ADOPTION OF ORDER The undersigned Commissioners, being familiar with the record and proceedings, hereby adopt and approve the foregoing ORDER this Zth day of Eebruary , 2002. This ORDER and its ADOPTION shall take effect upon the date this ORDER is certified and filed by this Commission. LAND USE COMMISSION STATE OF HAWAII By ')�, ` MERLE) E LIE K. KELAI n and Commissioner LAWRENCE N.C. ING Vice Ch*person and Commissioner P. ROY CATALANI Commissioner By —i B CEA COPP ommissioner A00-732/TSA Corporation By IN DESAI Commissioner ISAAC FIESTA, fR. U Commissioner By iii. 4�yt ate_ M. CASEY J E Commissioner By &-e PETER YUKIMURA Commissioner APPROVED AS TO FORM: Filed and effective on FahMiary 14 2002 Certified by: Deputy Attorney General Executive Off c 125- A00-732/TSA Corporatio Kaloko Light Industrial ��I 1:_1;/////x. N A email x 1101 NT `M'kr Approved 1t 'r, a AIMAKAPA� FISHPOND Area Y 7fif.�, K{ao okot�okoh. au I,(starical ,� ,W dAl JJ. f NOIO \ POINT H A W A i' I ADO -732 TSA INTERNATIONAL, LIMITED LOCATION MAP - Tax Map Key: 7-3-51: 60 Kaloko, North Kona, Hawaii Scale: V= 2, 000 ft. � t�t T$ EXHIBIT "A" { 7 BENJAMIN J, CAYETANO GOVERNOR MEMORANDUM DATE: August 20, 2002 t0 O• N� 4� 1°O• 1� BRUCE S. ANDERSON, Ph.D., M.P.H. DIRECTOR OF HEALTH 21 PIS 3 24 STATE OF HAWAII PCAfflAliC-i �, DEPARTMENT OF HEALTH RO. BOX 915 HILO. HAWAII96721-0 16 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Aaron Ueno MA District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 02-015) Applicant: Kaloko Development, Inc. Request: Limited Industrial (ML -1a) to ` Industrial -Commercial Mixed Use (MCX-la) Tax Map Key: 7-3-051:066, 067, 068 & 069 The applicant should contact the Army Corps of Engineers (COE) to identify whether a Federal permit (including a Department of Army (DA) permit) is required for this project. A Section 401 Water Quality Certification (WQC) is required for "Any applicant for Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters...," pursuant to Section 401(a)(1) of the Federal Water Pollution Act (commonly known as the "Clean Water Act (CWA)"). If the project involves the following activities with discharges into State waters, an NPDES general permit is required for each activity: a. Discharge of storm water runoff associated with construction activities, including clearing, grading, and excavation that result in the disturbance of equal to or greater than five (5) acres of total land area; b. Construction dewatering effluent; C. Non -contact cooling water; EXHIBIT C Christopher J. Yuen August 20, 2002 Page 2 d. Hydrotesting water; and C. Treated contaminated groundwater from underground storage tank remedial activity. The application for NPDES general permit coverage should be submitted to the Director at least 30 days prior to the discharge to State waters. If there is any type of process wastewater discharge from the facility into State waters, the applicant may be required to apply for an Individual NPDES permit. The application for an Individual NPDES permit should be submitted to the Director at least 180 days prior to the discharge of process wastewater to State waters. Should you have any further questions regarding this matter, please contact the Engineering Section of the Clean Water Branch in Honolulu at (808) 586-4309. The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60. 1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements, please contact our Clean Air Branch staff Ph. 933-0401. Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm run- offs from the proposed development need to address the requirements of Chapter 23, Hawaii State Department of Health Administrative Rules, Title 11, "Underground Injection Control." Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." a. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. b. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. C. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933-0917. Christopher J. Yuen August 20, 2002 Page 3 The subject project may be required to be serviced by a Wastewater Treatment Works. Sewage flow calculations and the proposed design plans for the sewage treatment and disposal system needs to be prepared by a Registered Professional Engineer licensed by the State of Hawaii. These reports would need to be submitted to our Wastewater Branch (Ph. 586-4294) in Honolulu. WORD:REZ02-015.mi September 23, 2002 Mr. Christopher Yuen, Director Planning Department County of Hawaii 101 Pauabi Street Suite 3 Hilo, Hawaii 96720 19�2 SEP 24 PM 1 06 P,TPi1ENT CuUI�J7 Y OF HAI. VAII MOOERS ENTERPRISE. ; P.O. Bogy, I i cl KAMUELA, HAWAII 96743 Re: CHANGE OF ZONE REQUEST (REZ 02-015) LIMITED INDUSTRIAL 1 -ACRE (ML -la) TO INDUSTRIAL -COMMERCIAL MIXED USE 1 -ACRE (MCX-la) PETITIONER: KALOKO DEVELOPMENT INC. TAX MAP KEY (3) 7-3-51:66,67,68,69 Dear Mr. Yuen: Your staff has faxed me comments on the proposed change of zone and has asked that I respond. Solid Waste Division, Department of Environmental Management: The applicants will comply with the request to prepare a solid waste management plan. Department of Health: The applicants will comply with all Army Corp and Department of Health regulations including those required for drainage, wastewater, -underground injection and noise. Land Use Commission: The property is presently in the Urban District and zoned industrial by the County in a fully improved industrial park with County owned and maintained roadways and dry wells. The applicants could pull a building permit at the present time for any permitted use with no additional regulatory requirements other than those in effect for all properties within the Kaloko Industrial Park. It is unfair and unreasonable to attach additional conditions that would put the owners at a competitive disadvantage with other properties in this industrial park when the goal of this application is to move proposed uses away from pure industrial and to more commercial type. We believe the application should be evaluated based on the existing zoning, the proposed zoning, and the potential impacts of each, not on a boundary amendment filed by another party for unimproved lands in the area. If you have any questions, or if additional information is required, please contact me at 885-6839. Thank you for your prompt attention to this application. Sincerely, Grego . Mooers President GRM:jy copy: Department of Environmental Management, Solid Waste Division Department of Health Land Use Commission PHONE: (808) 885-6839 FAX: (808) 885-1574 EXHIBIT EMAIL: GMOOERSLaATrGLOBAL. NET 0 OCT -13-2002 SUN 10:51 AM P. 02 BENJAMIN J. CAMANO WVEfINORU&L wnto"JAL CNMG E%ELIRNE OPF(iF STATE OF HAWAII ?602 OP,T 20 p17 I2 36, DEPARTMENT OF BUSINESS, ECONOMIC DEVr;;PEM"T"�CT'o9,�M'TMEN7- LAND USE COMMISSION GOUNfY UUGFt.jplN�ij P.O. Box 2359 Honolulu, HI 98804-2358 Telephone: 808.5873822 Fax: 808-587-3827 - October 8, 2002 Mr. Christopher Yuen, Director Planning Department County of Hawaii Alipuni Center 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Yuen: Subject: Change of Zone Application (REZ 02-015) Applicant: Kaloko Development Inc. . Request: Limited Industrial (ML -1a) to Industrial -Commercial Mixed District (MCX-la) TM -K: 7-3-051: 066, 067, 068, 069 Kaloko, North Kona, Hawaii This is to acknowledge receipt of a copy of a September 23, 2002, letter from Gregory R. Mooers to your office, providing responses to our comments on the subject change of zone request. In his response, Mr. Mooers; stated that, "It was unfair and unreasonable to attach additional conditions that would put the owners at a competitive disadvantage wtth other properties in this industrial park when the goal of this application is to move proposed uses away from pure industrial to more commercial type." With respect to Mr. Mooers' concerns, we have the following comments: 1. Our comments in these matters are advisory to the County as a matter of practice and in conformance with. Chapter 205, Hawaii Revised Stames, and. Chapter 15-15, Hawaii Administrative Rules. At the request of the County, we point out issues of statewide concern and or di scribe Commission action or policy which might have a bearing on the subject application. EXHIBIT 6 OCT -13-2002 SUN 10:51 AM Mr. Christopher Yuen, Director October 9, 2002 Paige 2 2. We feel that the County of Hawaii Planning Commission and County Council should make its determination upon the merits of the application and as argued by the Applicant. In the matter of the subject change of zone request, we felt that the LUC's Findings of Fact, Conclusions of Law, and Decision and Order issued on February 14, 2002, might provide insights as to concerns raised by the National Park Service with respect to potential point and non -point source pollution risks resulting from the establishment of commercial mixed uses of the adjacent project, and possible adverse impacts upon the down gradient Kaloko-Honokohau National Historical Park. 3. During the course of the Commission's proceedings in the'TSA docket (A0(J-7.32), representatives of the Kaloko-Honokohau National Park pointed out that National Park System Resource Protection Act, 16 U.S.C. Sections 19jj-19D-4, specifies that any person who destroys, causes the loss of, or injures any park system resource is liable to the United States for response costs and damages resulting from such destruction, loss or injury. While it would be incumbent upon the Kaloko-Honokohau National Historical Park and not the responsibility of the County of Hawaii or the State Land Use Commission to identify and pursue enforcement action where up gradient activities adversely impacted national park resources, l believe that knowledge and forewarning of such a federal statute is useful. 4. It is also important to note that the conditions of approval identified by the Commission in the TSA docket and previously pointed out in our earlier correspondence simply echo existing applicable state law with respect to development of individual wastewater treatment systems, stormwater management systems or reflect best management practices with respect to pollution prevention practices routinely required at mixed use sites such as described by the subject application. Thank you for your attention to this matter. Should you require clarification or further assistance in this matter, please do not hesitate to contact Russell Kumabe of my staff at (808) 587-3822. Sincerely, ANTHONY J.H '1%`"G Executive Offic. c: Gregory Mooers P. 03