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HomeMy WebLinkAboutCOM 0308.000 2002-2004 Harry Kim oJM~r"•".±y, Dixie Kactsu L~- l7anaging Director Mn}'or ~6Cgr RL-.:i - C; ~ '03 AUG 6 A~ g 45 1~~ 4i'N~~ COUI~I~i'Y OF HAWAII `~I COUNTS c ,1= HAWAII 2? Aupuni StreaL Room 215 Hilo, Huwaf~ JG720-4252 • (808)961-8211 Pn.[(808)96 i-6553 60i~.a `-5706 Fua{.iui Highway, Sui~a 107 • }~ailua-6onu, Huwai'~ 9(740 (8L8 ~32~~-5236 Ynx (808)326-5663 August 1, 2003 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 03-005) ~ Request: Agricultural to Urban Change of Zone Application (REZ 03-011) Request: A-Sa to CV-20 Applicant: Keaau Service Station, Inc. Tax Map Key: 1-7-1:Portion of 11 Change of lone Ordinance No. 97-6~ (REZ 728) Applicant: Kapoho Properties Request: Amendment to Conditions B, C and D Tax Map Key: 1-7-17:3 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. incerely, ~ Harry Krim[ Mayor Comm. No. 30 L071803 Ref. 10: Enclosures Ref. f)ote~~ Il^ 7 7(1f1~ cc: Planning Department / `:l ~ 3 <r w yam, ~.r ~'Yy Harry Kim ' - Mayni "1 County of Hawaii PLANNING COMMISSION 101 Pauahi Sveet, Suite 3 Hilo, Hawaii 96720.3043 (808)961-8288 Fax(808)961-8742 ',lsG ! ; ,7~:1 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 03-005) Request: Agricultural to Urban Change of Zone Application (REZ 03-01 I ) Request: A-Sato CV-20 Applicant: Keaau Service Station, ]nc. Tax Map Key_ 1-7-1 Portion of 11 The Planning Commission, after a duly held public hearing on July 18, 2003, voted to recommend for your approval the proposed legislative bills for a State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone changing the district classification from Agricultural 5-acre (A-Sa) to Village Commercial - 20,000 square feet (CV-20) for approximately "_'.814 acres of land. The property is located along the south side of State Highway 11, adjacent to the existing Keaau Service Station, Olaa Homesteads Reservation Lots, 01aa, Puna, Hawaii. The Commission concurs with the following findings as recommended by the Planning Director: State Land Use Boundary Amendment The approval of the reclassification from the State Land Use Agricultural to the Urban District will not violate Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. Section 205-3.1 states that district boundary amendments Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 involving lands of fifteen acres or less, shall be determined by the appropriate county land use decision making authority and shall not require consideration by the land use commission pursuant to Section 205-4. The standard of review for a boundary amendment consideration shall be given to the following. (a) The extent to which the proposed reclassification conforms to the applicable goals, policies, standards, and courses of action of the General Plan and implementing, ordinances, plans and documents. No amendment shall be approved unless it conforms to the General Plan. (b) The extent to which the proposed reclassification conforms to the applicable district standards. According to the Land Use Commission Rules, one of the standards for considering an area for urban reclassification states that "1n determining urban growth for the next ten years, or in amending the boundary, land contiguous with existing urban areas shall be given more consideration than non-contiguous land, and particularly when indicated for future urban use on state or county general plans." The subject property does conform to this standard as it is proximate to the already urban subdivisions. 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 requested zone change from an Agricultural (A-Sa) to a Village Commercial (CV-20) zoned district conforms to the LUPAG Map, which designates the subject property and its immediately surrounding area for Medium Density Urban uses. The General Plan describes Medium Density Urban as "Village and neighborhood commercial and residential and related functions." Therefore, it is determined that the request is consistent with the Medium Density form depicted on the LUPAG Map far this area of Puna. The subject request for reclassification is for land located within the village of Kurtistown. A concentration of people, structures, streets, and rural/urban level of services characterize this area. There are residences in this area, as well as a neighborhood commercial center (the existing service station and post office) adjoining the subject property. The site is proximate to centers of trading and employment, within an area where there are existing commercial uses and intended to serve as a small employment center for the village of Kurtistown. Thus, the request conforms to the Land Use Commission Rules which encourages urban developments on lands contiguous to urban areas, and in close proximity to existing developments, services and facilities. The subject property is or will be provided with all utilities and services that are essential to accommodate urban development. All urban amenities and services such as schools, parks, and protective services are located less than three miles from the site. Access to the property is from State Highway 11, a State-owned two-lane highway with a pavement width of approximately 24 feet and right-of--way of approximately 80 feet and Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 10-foot shoulders on each side. The property has an approximately 40-foot wide legal access to Highway 1 1 located approximately 250 feet southwest of the entrance to the service station. This access abuts a 10-foot wide easement, over which the applicant also has access rights. Tlie State Department of Transportation is in the process of constructing improvements to the Huina Road/Highway 11 intersection. The estimated year of completion is 2004. When the improvements are completed, the access to the service station will be relocated further south, approximately 150 feet from the applicant's legal access. There will also be dedicated left-turn lanes along Highway 11 heading into both Huina Road and the service station site. Although funding is not currently available, State plans also call far the eventual signalization of this intersection. The applicant prefers access through the service station site, where there will be a planned, controlled intersection. The applicant intends to request an access easement to the site from the State. Should the State grant the easement, the applicant is willing to pay up to 50% of the cost of installation of the traffic signal in conjunction with the State's planned intersection improvements. Should the requested easement be denied, the applicant will utilize its legal access at the southwestern end of the property. Water is available to the subject property via an existing waterline fronting the property. Should an individual wastewater treatment system be required, the applicant has committed to provide such improvements, meeting with the requirements of the State Department of Health. Electrical and telephone service is available to the property. There is a County fire station and police station in Keaau, approximately three miles from the site. The nearest public health facility is at the Hilo Medical Center, approximately ] 5 miles from the site. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "X", areas determined to be outside the 500-year flood plain. Any improvements to the property must comply with Chapter 27 of the County Code relating to Flood Control. Thus, the reclassification meets the standard which states that the lands included within the Urban District shall be those with satisfactory topography and drainage and reasonably free from the danger of floods, tsunami and unstable soil conditions and other adverse environmental effects." While the subject property is currently within the State Land Use Agricultural and County's Agricultural (A-Sa) zoned districts, it is not currently being used for active agricultural purposes. The majority of the property is unclassified by the State of Hawaii ALISH Map, but a small portion of the property towards the east is identified as Prime Agricultural Lands. The Land Use Study Bureau's Overall Master Productivity Rating identifies soils within the property as "C" or "Fair." While the potential for intensive Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 and/or extensive agricultural uses may exist, the soil conditions within the site and surrounding area would preclude such intensive agricultural activities from being conducted. Therefore, the reclassification of this 2.814-acre portion of land from the Agricultural to the Urban designation will not be detrimental to the agricultural land inventory in the County of Hawaii. This reclassification will not necessarily result in providing a sufficient urban reserve area for growth, as the applicant intends to develop the property immediately. From a land use perspective, it is a more feasible alternative to infill urban development within this area already designated as Medium Density Urban by the General Plan. This would tend to alleviate the conversion of more productive agricultural lands in more appropriate locations within the Puna area for urban type uses. Furthermore, an Urban classification would complement the existing commercial land use patterns of the surrounding properties. Within the immediate Kurtistown area, less than three acres are zoned for commercial uses. The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to the Coastal Zone Management area. The property is not situated within the Special Management Area. The site is located approximately seven miles from the nearest coastline and therefore, will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. No commissioned flora survey was conducted for the site. Compliance with the landscaping rules of the Planning Department (Rule No. 17) is required of commercial developments at Final Plan Approval. Rule No. 17 encourages the use of native plants in landscaping to promote ecological and cultural values. Because the property has been improved, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the site, nor has the area been identified as a significant botanical or biological habitat. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, or existence of known valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. No commissioned archaeological survey was conducted of the site, since the site has been previously cleared and bulldozed. In a memo dated May 28, 2003, the Department of Land and Natural Resources Historic Preservation Division has stated that they believe there are no historic properties present because previous grubbing/grading has altered the land; thus, no historic properties will be affected by this undertaking. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 Finally, the reclassification action would conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan: a. Achieve a strong, viable economy, characterized by stability, diversity and growth that enables the fulfillment of the needs and expectations of Hawai`i's present and future generations. b. Encourage urban developments in close proximity to existing services and facilities. Based on the above, the approval of the State Land Use Boundary Amendment to the Urban District complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan. Change of Zone In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The proposed request from an Agricultural (A-Sa) to a Village Commercial (CV-20) zoned district will conform to, among others, the goals, policies and standards of the Economic and Land Use (Commercial) Elements of the General Plan. 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 requested zone change from an Agricultural (A-Sa) to a Village Commercial (CV-20) zoned district conforms to the LUPAG Map, which designates the subject property and its immediately surrounding area for Medium Density Urban uses. The General Plan describes Medium Density Urban as "Village and neighborhood commercial and residential and related functions." Therefore, it is determined that the request is consistent with the Medium Density form depicted on the LUPAG Map for this area of Puna. Primary access to the project site is via State Highway 1 I, a State-owned two-lane highway with a pavement width of approximately 24 feet and right-of--way of approximately 80 feet and 10-foot shoulders on each side. The property has an Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 approximately 40-foot wide legal access to Highway 11 located approximately 250 feet southwest of the entrance to the service station. This access abuts a 10-foot wide easement, over which the applicant also has access rights. The State Department of Transportation is in the process of constructing improvements to the Huina Road/Highway 11 intersection. The estimated year of completion is 2004. When the improvements are completed, the access to the service station will be relocated further south, approximately 150 feet from the applicant's legal access. There will also be dedicated left-tum lanes along Highway 11 heading into both Huina Road and the service station site. Although funding is not currently available, State plans also call for the eventual signalization of this intersection. The applicant prefers access through the service station site, where there will be a planned, controlled intersection. The applicant intends to request an access easement to the site from the State. Should the State grant the easement, the applicant is willing to pay up to 50% of the cost of installation of the traffic signal in conjunction with the State's planned intersection improvements. Should the requested easement be denied, the applicant will utilize its legal access at the southwestern end of the property. Water is available to the subject property via an existing waterline along the highway. Should an individual wastewater treatment system be required, the applicant has committed to provide such improvements, meeting with the Department of Health. There is a County fire station and police station in Keaau, approximately three miles from the site. The nearest public health Facility is at the Hilo Medical Center, approximately 15 miles from the site. Electricity and telephone service is available to the site. The request would not unreasonably burden the public agencies to provide roads and streets, water, drainage, police and fire protection. The Flood Insurance Rate Maps (FIRM) indicate that the property is located in Zone "X", areas determined to be outside of the 500-year flood plain. There are no significant drainageways that adversely affects the subject property. While there are no indications of surface water flow on-site, the applicant will be required to abide by all applicable County guidelines for run-off generated by the development. While the subject property is currently within the State Land Use Agricultural and County's Agricultural (A-5a) zoned districts, it is not currently being used for active agricultural purposes. The majority of the property is unclassified by the State of Hawai `i ALISH Map, but a small portion of the property towards the east is identified as Prime Agricultural Lands. The Land Use Study Bureau's Overall Master Productivity Rating identifies soils within the property as "C" or "Fair." While the potential for intensive and/or extensive agricultural uses may exist, the soil conditions within the site and surrounding area would preclude such intensive agricultural activities from being conducted. Honorable James Y. Arakaki, Chairman and Members of the County Counci l Page 7 The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes. relating to the Coastal Zone Management area. The property is not situated within the Special Management Area. The site is located approximately seven miles from the nearest coastline and therefore, will not be impacted by coastal hazard and beach erosiou. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. No commissioned flora survey was conducted for the site. Compliance with the landscaping rules of the Planning Department (Rule No. 17) is required of commercial developments at Final Plan Approval. Rule No. 17 encourages the use of native plants in landscaping to promote ecological and cultural values. Because the property has been improved, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the site, nor has the area been identified as a significant botanical or biological habitat. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, or existence of known valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. No commissioned archaeological survey was conducted of the site, since the site has been previously cleared and bulldozed. In a memo dated May 28, 2003, the Department of Land and Natural Resources Historic Preservation Division has stated that they believe there are no historic properties present because previous grubbing/grading has altered the land; thus, no historic properties will be affected by this undertaking. Nevertheless, a condition will be included to require the notification of the Department of Land and Natural Resources-Historic Preservation Division should any archaeological sites be encountered during the course of development. Impacts associated with the proposed project will be mitigated through conditions of approval. The requested commercial zoning will accommodate uses that will fit into the locale with minimal intrusion while providing the desired commercial uses, as well as providing for necessary infrastructural improvements to support the development. The development of the property for commercial uses will continue to provide business and commercial services to the Kurtistown community. The subject property is located in close proximity to al I necessary urban services and facilities, and will serve to complement the existing commercial inventory in this area of Kurtistown. The applicant will be required to complete its proposed project incompliance with all applicable requirements of the affected agencies. Therefore, the proposed rezoning and development will complement the land usage within the region and the community i? which it is proposed to be located. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 8 Based on the above findings, this request to reclassify the subject property from an Agricultural (A-Sa) to a Village Commercial (CV-20) zoned district would result in an appropriate land use pattern and further benefit the general public. For your favorable consideration, amendments to the SLU Boundaries Map H-67 and Section 25-8-24 (Kurtistown Zone Map), Article 8, Chapter 25 (Zoning Code) are transmitted. We are enclosing a copy of the staff background for your information. Sincerely, Gi~~~Q~-ttd Fred Galdones, Chairman Planning Commission Lkcaauservice02PC Enclosures cc: Mr. Sidney Fuke Benjamin & Clareen Alonzo Department of Water Supply Department of Public Works Rodney Haraga/DO'1'-Highways, Honolulu State Land Use Commission [3KC~auSSSLUR1iZ.doo- 7/I /03 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT KEAAU SERVICE STATION, INC. STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 03-005) CHANGE OF ZONE APPLICATION (REZ 03-011) KEAAU SERVICE STATION, INC. has submitted applications for a State Land LJse Boundary Amendment from Agricultural to Urban and a Change of Zone by changing the district classification from Agricultural (A-Sa) to Village Commercial (CV-20) for approximately 2.814 acres of land. The property is located along the south side of State Highway 11, adjacent to the existing Keaau Service Station in Olaa Homesteads Reservation Lots, Olaa, Puna, Hawaii, TMK: 1-7-1: Por. 11. APPLICANT'S REQUEST 1. Request: The applicant is requesting a State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone fora 2.814-acre portion of a 7.844-acre parcel from Agricultural (A-Sa) to Village Commercial (CV-20) to retain and expand his tow business. The remaining five acres would be left as A-Sa. The applicant was recently issued a zoning violation for use of a portion of the property and adjoining pazcels for vehiculaz and equipment storage and requests the change of zone to legitimize some of the existing uses while terminating and/or relocating other uses to a permitted zone. Tentative hours of operation are 7:00 a.m. to 5:00 p.m. daily, although there may be times when a tow may be needed other than the designated hours. The applicant intends to retain his 4-8 full and/or part-time employees. The proposed facility is intended to serve primarily residents of the Volcano and upper Puna area, and not intended to serve a region larger than the Volcano/upper Puna area. The applicant estimates the proposed improvements to be approximately $150,000 to $200,000. This cost would include the new parking azea, related drainage improvements, one half of the cost of the traffic lights, and landscaping. Benjamin and Clareen Alonzo are the landowners of the property. (See Exhibit A -State Land Use Boundary Amendment and Change of Zone Applications) STATE AND COUNTY PLANS 2. State Land Use Designation: Agricultural. 3. Hawaii State Plan Consistency: Objective and policies for the economy. 4. GP Consistency: Land Use and Economic elements. 5. GP LUPAG Map: Medium Density Urban. 6. County Zoning: Agricultural (A-Sa). 7. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management Area. The intent of the Coastal Zone Management Program is to guide and regulate public and private uses in the coastal zone management area with respect to recreational resources, historic resources, public access to the shoreline, scenic and open space resources, coastal ecosystems, marine resources, economic uses, coastal hazards, managing development, public participation, and beach protection. The property is located approximately seven miles from the nearest coastline and therefore, will not be impacted by coastal hazazd and beach erosion. 8. Special Management Area (SMA): The Special Management Area is a part of the Coastal 7_one Management Program and regulated by the County. The properties are not located within the Special Management Area. There aze no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 9. Subject Property: 'fhe property is located adjacent to and southwest or Volcano side of the Keaau Service Station in Kurtistown. The 7.844-acre parcel is roughly shaped like a parallelogram with an eight-foot drop near the makai side of the requested CV-20 zone. This area will be filled and the finished elevation will be generally level with the balance of the requested commnercial area. When completed, there will be an eight to ten foot difference in grade between the areas of the requested CV-20 and existing A-Sa zoning. The intersection of Huina Road and Highway 11 is located mauka of the site. There are no permanent structures on the site. In the area of the requested commercial area, approximately two acres are fully leveled and graveled. This area is used for the applicant's storage and towing operation as well as parking for employees. -2- 10. Surrounding Zoning/Land Uses: Sunrounding properties are zoned A-Sa and RS-20 and in residential and commercial use. Properties to the west across the highway are zoned RS-10 and RS-20 and in residential uses. 1 l . ALISH: The majority of the property is Unclassified, with Prime Agricultural Lands towards the east, or rear of the site. 12. Land Study Bureau's Detailed Land Classification System: "C" or "Fair". 13. U.S. Soil Survey: Olaa extremely stony silty clay loam, 0 to 20 percent slopes (OID). In a representative protile, this soil is very dark brown extremely stony silty clay loam about 16 inches thick. It is underlain by A'a lava. Permeability is rapid, runoff is slow, and the erosion hazard is slight. ] 4. FIRM: lone "X", area determined to be outside the 500-year flood plain. 15. Flora/Fauna Resources: No commissioned flora survey was conducted for the site. As the property is improved, the likelihood of any significant or rare or endangered floral/faunal resources is remote. 16. Archaeological/Historical Resources: No commissioned archaeological survey was conducted of the site, since the site has been previously cleared and bulldozed. In a memo dated May 28, 2003, the Department of Land and Natural Resources Historic Preservation Division has stated that they believe there are no historic properties present because previous gnibbing/grading has altered the land; thus, no historic properties will be affected by this undertaking. Nevertheless, a condition will be included to require the notification of the Department of Land and Natural Resources-Historic Preservation Division should any archaeological sites be encountered during the course of development. 17. Cultural Resources: No valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Therefore, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights. 18. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the properties. -3- 19. Traffic: State Highway 11 is a heavily traveled two-lane highway with a pavement width of approximately 24 feet and right-of--way of approximately 80 feet, and 10-foot shoulders on each side. PUBLIC UTILITIES AND SERVICES 20. Access: The property has an approximately 40-foot wide legal access to Highway 11 located approximately 250 feet southwest of the entrance to the service station. This access abuts a ] 0-foot wide easement, over which the applicant also has access rights. The State Department of Transportation is in the process of constructing improvements to the Huina Road/IIighway 1 I intersection. The estimated year of completion is 2004. When the improvements are completed, the access to the service station will be relocated further south, approximately 150 feet from the applicant's legal access. There will also be dedicated left-turn lanes along Highway 1 1 heading into both Huina Road and the service station site. Although funding is not currently available, state plans also call for the eventual signalization of this intersection. The applicant prefers access through the service station site, where there will be a planned, controlled intersection. The applicant intends to request an access easement to the site from the State. Should the State grant the easement, the applicant is willing to pay up to 50% of the cost of installation of the traffic signal in conjunction with the State's planned intersection improvements. Should the requested easement be denied, the applicant will utilize its legal access at the southwestern end of the property. 21. Water: There is a County water line fronting the property. The applicant does not envision requiring more than one unit of water, and is prepared to pay the required facilities charge should such service be required. 22. Wastewater: I'f necessary, the applicant is prepared to construct a septic system, meeting with the requirements of the State Department of Health. 23. Solid Waste: Solid waste will be handled by commercial haulers. 24. Essential Utilities and Services: There is a County fire station and police station in Keaau, approximately three miles from the site. The nearest public health facility is at the Hilo Medical Center, approximately 15 miles from the site. -4- AGENCIES' COMMENTS 25. Department of Public Works (June 9, 2003 Memo): "l . All development-generated runoff shall be disposed of on site and shall not be disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works. " 2. The subject parcel is in an area that is not mapped by the Federal Emergency management Agency and is designated as Lone X - an area determined to be outside the 500-yeaz Flood plain (may include areas with unknown flood hazards). " 3. Any earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code." 26. Department of Water Supply (June 26, 2003 Memo): "The pazcel currently does not have water service with the Department. Based on the prevailing water situation in the area, water can be made available from an 8-inch waterline in Hawaii Belt Road (Volcano Highway), fronting the parcel, for the proposed actions. The applicant anticipates using a 5/8-inch meter, if any; therefore, should the applicant require a larger meter, the meter connection size will be subject to review and approval by the Department. Please keep in mind that water availability is subject to change depending on the water situation." 27. Police Department (May 30, 2003 Memo): "That the applicant should continue to work with the Department of Transportation, with the possible relocation of the access to the service station and/or proposed development azea. "T'hat we encourage the applicant to provide sufficient off street pazking for the proposed use and employee parking, as planned. "Should there be any questions or concerns, please contact our Puna District Commander, Captain Larry Weber, at 966-5835." 28. Department of Environmental Management (May 21, 2003 Memo): "Commercial operations may not use transfer stations for disposal. Aggregates and any other construction/demolition waste should be reused to its fullest extent. Greenwaste may be disposed of only at the drop sites located at the Kailua and Hilo Transfer Stations. Please apply above comments as needed where applicable." 29. Department of Land and Natural Resources Land Division Hawaii District Office (May l9, 2003 Memo): "With Section III, "PROJECT DESCRIPTION", the document discusses the intent of the -5- applicant to request an access easement to the subject area across State owned lands. Given the availability of an existing legal access on the south side of the property, the applicant must provide appropriate justification for the creation of a new easement across State land. Should such an easement be deem[sic] appropriate due to the new intersection at Huina Street, the establishment of such an access must be supported by the Department of Transportation, Highways Division." 30. Department of Land and Natural Resources Engineering Division (June 3, 2003 Memo): "We confirm that the project site is located in Zone X (not shaded). Zone X is an area determined to be outside the 500-year flood plain. "Also, please revise page 6 Item C, Natural Hazards, Sectionl, Drainage, reference to Federal Management Agency, instead of U.S. Army Corps of Engineers. "Should you have any questions, please call Mr. Andrew Monden of the Planning Branch at 587-0229." 31. Department of Land and Natural Resources Historic Preservation Division (May 28, 2003 Memo): "We believe there are no historic properties present because previous grubbing/grading has altered [the] land. Thus, we believe that "no historic properties will be affected by this undertaking." AGENCIES - NO COMMENT 32. Department of Land and Natural Resources Division of Forestry and Wildlife, State Parks AGENCIES - NO RESPONSES 33. Fire Department, Department of Health, Department of Transportation, Department of Agriculture APPLICANT'S REPONSE 34. (See Exhibit B -June 5, 2003, June 23, 2003, June 25, 2003 and .[uly 7, 2003 Letters) PUBLIC COMMENTS 35. The Planning Department has not received any written comments or objections from the general public or adjacent landowners on the subject applications. -6- CIIANGE OF ZONE APPLICATION'~~~ COUNTY OF HAWAII ~~~°o' PLANNING DEPARTMENT spu Q~.o~~„ ('T'ype or legiblyprintthe requested information) APPLICANT: Keaau Service Station, Inc. APPLICANT'S SIGNATUR DATE: 4/28/03 ADDRESS: P.U. Rox 335 Keaau,HI 96749 LIS"I' APPLICANT'S INTEREST IF NOT OWNER: = LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.)966-9x73 (Res.l ~~~9az-szol L_ANDOWNER(S): Benjamin K. Alonzo, Sr. and Clareen Alonzo LANDOWNER SIGNATURE(S): ~ DATE: 4/28/03 (May y letter) LANDOWNER(S) ADDRESS: P.O. Box 335 Keaau, HI 96749 REQUEST: A-sa TO CV-20 (Existing zoning) (Proposed Zoning) TAX MAP KEY: 1-7-01:11 STREET ADDRESS OF PROPERTY: ~ SIZE OF PROP}RTY OR AFFECTED AREA(S) TO BE REZONED: 2.8144 acres _t AGENT: Sidney M.Fuke Planning Consultant ADDRESS: 100Pauahi Street, Suite212 Hilo, HI 96720 TELEPHONE: (Bus.)969-1522 _ (Res.) (pax)969-7996 ~ i Please indicate to whom original c orrespondence and copies should be sent. ORIGINAL: Sidney Fuke COPIES: Ben Alonzo i EXHIBIT (See vistructions on Reverse Side) STATE LAND USE BOI_]NDARY AMENDMENT APPLICATION (1 S ACRES OR LESS) COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) PETITIONER: Keaau Service Station, Inc. PETITIONER'S SIGNATURE~~~g~ ~ DATE: April 30, 2003 ADDRESS: P.O. Box 335 Keaau, FII 96749 y PF_TITIONER'S INTEREST IF NOT OWNER: TELEPHONE: (Bus.)966-9373 (Res.) (F~~982-52ot LANDOWNERS , ~~y! LANDOWNER SIGN TURE(S): Ben and Clazeen Alonzo ~ DATE:Apri130, 2003 PA. Box 335 Keaau, HI 96749 (May be by letter) ADDRESS: TAX MAP KEY: I-7-ol: L1 STREET ADDRESS OF PROPERTY: ZO[~IING: A-5a SIZE OF PROPERTY:2.8k4 acres of a 7.844 acre property CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agriculture REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Urban Sidne M. Fuke AGENT: y _ ADDR}~SS: 100 Pauahi Street, Suite 212 I-lilo, HI 96720 R~ TELEPHONE: (Bus.}s69-1522 (Res.) (Fax) 969-7996 Please indicate to whom origina] con~espondence and copies should be sent. ORIGINAL: Sidney Fuke COPIES: Ben Alonzo (See Instntctions on Reverse Side) ATTACHMENT Commercial, RM, Resort, & Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE if your request is appr wed, do you intend to subdivide the subject land in accordance with the approved change of zone? Nc If yes, please answer tine 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 let sizes? c if your request is spproved, approximately how long ~i after the da~.e 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 firm. 2. If you nave no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? No °'J b. Sell or lease the land to someone who has tentative plans? No c Se11 or lease the land to someone who has no plans? No d- Keep it? Yes !?"1 e. other (please state) If you intend t~~ 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. ~d I plan to use the site for my vehicular towing business which is associated with my service station. g, Have you performed any study which would demonstrate a need for your proposed building and/or development? No i i.f so, please- elaborate on your findings ir. the space provided below. i -2- 5• Have you performed ar,y study which discusses the environmental impacts your request would nave on the surrounding area andior the County? Yes If so, please .elaborate on your findings in the space provided below. Please refer [o accomp~wying planning and environmental report 6. Are there any buildings on the subject area? Yes If so, what kind? Y' There aze some portable trailers that will be removed. What do you intend to co with those buildings if your request is approved? ~j 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 o.r acres of land per product? i -3- 8. To your knowledge, has there been any flooding and/or drainage probl~>m on tae subject area: No _ If so, please describe the problem. 9. Do you think that the roads leading to the subject area needs improvement? Yes If so, what kind? Left turn lanes would help make movements safer in this general area. Is the road adequate for the proposed traffic volume or load? Yes 10. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when ~ developed? yes na a. Schools x b, Roads x c. Sewer x I` d. Drainage x J x e. Police Protection r x f. Fire Protection x 1 g Recreational Facili':ies I x h. Recreational Facilities i. I -4- For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. The state is planning to improve the intersection, which should help movements in this azea. 11. Have you performed any historic sites study and/or survey of the subject area? If so, what were the results? Please, also, submit a copy of the study together with this change of zone supplement. No, inasmuch as the site has been fully improved. Signature: ''gyp _ Address: P. Box 335 Keaau,Hl 96749 Telephone: 966-9373 Date: Apri128,2003 .J I -5- COUNTY ENVIRONMENTAL REPORT APPLICATIONS FOR STATE LAND USE BOUNDARY AMENDMENT (Agricultural to Urban) and COUNTY REZONING REQUEST (A-5a to CV-20) KEAAU SERVICE STATION, INC. OLAA HOMESTEAD RESERVATION LOTS, PUNA, HAWAII TAX MAP KEY: (3) 1-7-01: Portion of 11 I. INTRODUCTION The applicant, Keaau Service Station, Inc., was recently issued a zoning violation by the Planning Department for the use of a portion of the subject and an adjoining parcels for vehicular and equipment storage. The notice of violation also suggested several options to rectify the purported violation. Pursuant to the suggested optians, the applicant has elected to apply for the rezoning of a portion of the subject parcel to legitimize some of the existing uses, while terminating and/or relocating other uses to a permitted zone. A copy of the letters of zoning violation letter and response are found in Exhibit A. In this application, the applicant is requesting the rezoning of a 2.84-acre ~ = portion of a 7.844-acre parcel from Agricultural (A-5a) to Village Commercial (CV-20). The remaining 5 acres would be left in its current Agricu/ture (A-5a) zone. If successful, the applicant would like to retain and expand his tow business within the requested 2.84-acre area. A State Land Use Boundary amendment is concurrently being requested to cover the area of the requested CV-20 zone. II. PROJECT LOCATION ~i As noted earlier, the subject property consists of 7.844 acres and is identified by TMK: 1-7-01:011. The site is a portion of the Olaa Homestead Reservation Lots in the district of Puna. More specifically, the site is located adjacent to and southwest or Volcano side of the Keaau Service Station in the village of Kurtistown. The intersection of Huina Road and the Volcano Road is located generally y mauka of the subject site. There is County Park on the mauka side of the l"~ Volcano Highway, approximately 500 feet northwest or Volcano side of the subject site. (Figures 1 and 2) The parcel is shaped generally like a parallelogram. Its depth ranges between 613 to 623 feet, while its width varies from 657 feet along the side closest to the Highway to 635 feet on the makai side. (Figure 2) i \ ~ ` A-I~~ ~ ~ ~~~~~~aa ^'z,..~,~_ ~ , , r~ 9 ~ ~ ~ ~ f~~i A-20a ii ~ 1_/~ \ Md~Ya K LW y PROJECT LOCATION A A A-. <„o I- V LL>N0.5 / f: -0 Q ~ P4R ON4L G/ KPVPaNq ~ ~ ~ i a ~ ~ Ne~~~~ ~ A td o ~ ~ ~ _ NOT TO SCALE ~ ~ ~r C ~ P sou*rv ar S-i0\ A-la ~ Kurtistorvn Park ~ \ ~ F;S-20 i o k A ~pa R RS -~'_O m ~~~5__ -i '2o Z ~ o Sub 'ect Site f _la~ s zo _ ~ - A 5 a ~ ervice Station S_z~, , , _,o o Rs_,- ~ h~ u H4WA// ~~I z ~ ~ o ~z RS-20 RS-o se r~T I ~y ~RS-2 A-Oa' A a o A-5a '~a A~a ~ qa I~ VA ~ p0 ~ ~ ~ ~ -~1 A-2Ca Z EP ' i _ ~ \ \ OBE IL--~ A-sa A s: / F-~i urel / ~ / A- loa ~ I~ A-loa I TO 7o%ono (i TLW O deco/C A d o R 4'~ ~o 'o~ g Pra~ec! No. ~ A Q ~ ?55991 S 4777 y 929.38 > ~ g g To H% , '%b~ d~ z3~ 36' ACS d ~ P I ° is°~o' Pv Lat 163-B-2 z,~ g ~q ad~J ~%oyJJ Cianf 17490 to Cot 164-A °o f Motnshi Soko Par. Cran( 3978 to ~ ~ m S~I~ !,6 L. Turner M; °!NfO/ SuI453od7oto Go Rood ant z _ r z~~k Proposed Lot 8 A ~ 7/op~~3o~ ~ 2.874 Acres c y a~ 40'00' ~ °m~ _ 2 a o _ 574.24 ^ e ~ ~ . _ O ~ ~ N N m ~ Remainder Lot 8 . ~ 7.844 Acres iA h ~ o ° ~ Proposed Lot 8-B 0 5.030 Acres ~ A ~ q i ~ A r N 4 \ ~ O ~ H O 0 3 ~BZ ~ \ O ~ 4. R Q qNt 5? 04 ~ RESFRY a ° r o 63SPo i !@N4 ~ ~ i~, a q A,q s i LICENSED A ~ Vehicle Access Permiftetl PROFESSIONAL Na ?ehicle Atteu Peimi!(e0 UWO * SU?VE.OF Survey Map "°''°0°' For Zoning Purposes Only ygWAn,~SP Proposed Lots 8-A and B-H mi, w.,w wm pr,~sa ey m o. . ar my oi.v« >u,...,,,on. - at Olaa, Puna, Island of Hawaii, Hawaii TId. K. 1-7-O1 11 (3rd Div.) u lei,Se v,.i., wm towe 5,,. Owner: Hen Alonzo i r,yor Cetlilicaly NumGa IOOOJ Honolulu, Hawaii ENGINEERS SURVEYORS HAWAII, INC. Boo HelelmuMle Street 53-44 C1ViL ENGINEERS IAND SURVEYORS -CONSTRUCTION HANAGERS May B, 2003 III. PROJECT DESCRIPTION A. Project Concept and Components The applicant owns and operates the Keaau Service Station located in the village of Kurtistown. This operation is located adjacent to the subject site (TMK: 1-7-01:063). As part of the station's operation, the applicant has a vehicular towing business located on about 2+ acre of the subject site, as well as a small portion of the site of the service station. Portion of the subject property is also used for employee parking. Over the past 10 years, the applicant has gradually expanded the towing business to also include storage for heavy equipment and vehicles on the subject site. He has also used the site to park his potable water hauling trucks. As the subject site is zoned A-5a, all of the current uses are not permitted. Even if the requested Village Commercial zoning were approved, only the vehicular towing business -which is associated with the service station -would be allowed. As such, the applicant is in the process of terminating and/or relocating the other uses to a . ~ properly industrially zoned site within the Shipman Industrial Park. The remaining 5 acres would be left in its current A-5a zone. The applicant does not have any plans to subdivide the property. (Figure 3). The legal access to the site is situated at the southwestern end of the site, approximately 250 feet southwest or Volcano side of the entrance to the service station. The State is in the process of __j making improvements to the Huina RoadNolcano Highway intersection. When completed -which is anticipated to be in early 2004 -the access to the service station will be relocated further south, approximately 150 feet from the applicant's legal access. There will also be dedicated left-turn lanes along the Highway heading into both Huina Road and the service station site. Plans also call for the eventual signalization of this intersection. The applicant would prefer to have its access through the service ~s station site, where there will be a planned, controlled intersection. However, although the applicant also owns and operates the service station, the land is owned by the State. The applicant has a lease that extends to the year 2022. z _ ~ N2W HIJInO__ J - Road Ali nment I ~ T~ 9 m II New Edge Shoulder-~ ~ 5~~ ~t;r,+y p,ie~ ~ l~e~~ -Eda~ I rav~lway ~ ~ ~I ~ ~ f _ _ ~ ~ A t ~ ~ - nor n I = ~f, i~ H,i~ r ri Fi-i „ :a y -r t ' ~ VOLCANO ROAD ~ II graver ~ r.;~e ~ ~ ESTATE) ~ Work Area J I~ ~ ~ edge °-.c..-j ~ R~W ~ - I -New Pavement ~ Adjusted Driveway I o SUB T o I ~ ~ TE _ ~I~ ~ ~ ~ ~ ~ Q - ~ III o ~ =Existing Graveled I ~ Improvements _I II ~ Proposed Expansion _I ~ N I. , Pr~rposed l I Landscaping I~ II i ~ - _ ~ ~ I PLAN - - ~ ~ ~ CCJ~G: ~ ~ QO ~ Fipure 3 - I - The applicant intends to request an access easement to the subject site from the State. This would be done immediately upon a favorable action of this zone change application. Should the State grant this easement, the applicant would be willing to pay up to 50% of the cost of installing the traffic signal lights in conjunction with the State's planned intersectional improvements. Should the requested easement be denied, the applicant will utilize its legal access at the southwestern end of the property. Tentatively, the proposed operating hours would be from 7:00 a.m. to 5:00 p.m., daily. However, it is anticipated that there will be times when a tow may be needed other than the designated hours. With this approval, it is anticipated that the applicant can retain his 4-8 full and/or part-time employees. The proposed facility is intended to serve primarily residents of the Volcano and upper Puna area. This project is not intended to serve a region larger than the Volcano/upper Puna area. B. Project Timetable and Cost m+ a The applicant intends to secure the balance of the required permits and begin making the appropriate improvements immediately upon approval of the change of zone request. Hopefully, this can be done by late this year or early next year. The applicant estimates the cost of the proposed improvements to be between $150,000 to $200,000. This cost would include the new parking area, related drainage improvements, one half of the cost of the traffic lights, and landscaping. ~ IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject property is designated Agriculture. As such, a boundary amendment to cover the requested CV-20 zone is required. As the balance (5 acres) of the site will be consistent with the Agricultural (A-5a) district, that area need not be reclassified nor rezoned. 3 B. County General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the site Medium Density. As such, a General Plan amendment to the LUPAG map would not be required. Relative to the Medium Density designation, the General Plan allows consideration for "Village and neighborhood commercial and residential and related functions (3-story commercial,' residential - up to 35 units per acre." The requested zonings and planned uses would be consistent with the uses envisioned within the Medium area. C. County Zoning The County zoning of the requested area is Agriculture (A-5a). If the Village Commercial (CV-20) request were approved, all related land use and development codes such as Plan Approval, parking, landscaping, fire, ADA, and the like would be complied with by the applicant. ~ + It should be noted that within the Kurtistown area, less than 3 acres are zoned for commercial uses. D. Other Permitting Considerations The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as noted earlier, other construction-related permits would still be required. These would be of the "ministerial" variety, such as Plan Approval, building permit, Department of Health I clearances, and subdivision. ~ V. ENVIRONMENTAL CONSIDERATIONS A. General Description The 7.844-acre parcel is generally shaped like a parallelogram. It has a depth that rariges between 613 to 623 feet and a width with a range of 564 to 635 feet. There are no permanent structures on the site. In the area of the requested commercial area, at least 2+ acres are fully leveled and graveled. This area is used for the applicant's storage and towing I a operation, as well as employee parking. There also are some potable storage containers and drainage culverts that are planned to be used by the applicant for the site. There is also site preparation material and equipment (such as a rock screen) and unfinished site work, encompassing approximately .75 acres. This area is planned to be improved and is thus part of the requested zoning area. Thus, for all intents and purposes, the entire 2.844-acre area has been improved and/or disturbed. B. Climate Soil and Topography According to the Department of Land and Natural Resources' Monthly and Annual Rainfall Summary - 1583, the annual median rainfall in this area is approximately 125 inches. The wetter months tend to occur between October through April. The average daily temperature ranges from a minimum of 60 degrees to a maximum of 75 degrees Fahrenheit. Wind patterns in the area are often light and variable, dominated by tradewinds (easterly) during the day and westerly or mountain winds during the evenings. ~i The property's elevation is approximately 660 feet. There is about an 8-10 foot drop near the makai side of the requested CV-20 zone. This area will be filled such that its finished elevation will be generally level with the balance of the requested commercial area. When completed, however, there will be an 8-10 foot difference in grade between the areas of the requested CV-20 and existing A-5a zones. i As the site has been significantly modified, the basic soil characteristics of the site have also been altered. Nonetheless, j according to the Land Study Bureau Overall Master Productivity Ratin ,this site is classified "D" or Poor. It is of the Olaa soil series, where the soil depth is shallow, the texture moderately fine. ' Its parent material is volcanic ash, is well drained but moist, and very poorly suited for machine tillability. Under the Agricultural Lands of Importance to the State of Hawaii L! (ALISH) classification system, it appears that the site is classified as "Unique." I s C. Natural Hazards 1. Drainage The US Corps of Engineers' Flood Insurance Rate Map (FIRM) designates the area of the proposed development to be in Zone X (areas outside of 500-year flood). There are no drainageways through the site. Accordingly, the site has not and should not be subject to flooding. As there may be an added level of impervious surface resulting from the proposed development, there may be an issue relating to potential increased run-off. In that event, drywefl(s} or similar type of accommodations will be implemented, subject to the review and approval of the Department of Public Works and State Department of Health via the Underground Injection Control (UIC) permit process. 2. Tsunami Hazard Given its elevation (660±) and distance from the nearest shoreline (7+ miles), it is located outside of the Civil Defense's Tsunami Evacuation Zone. Thus, there should be little or no threat from high waves. + 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies the subject site as Lava Flow Hazard Zone 3, on a scale of ascending risk, 9 to 1. There is very little that can be done to protect structures and improvements on the site. Relative to protection of life, however, this would be achieved through the evacuation routes and warning systems provided by the County Civil Defense agency. Such notices will be 4~ prominently placed within office building. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, although no structures are planned at this time, the applicant understands and accepts that should any structures built on the site will have to meet with the more restrictive seismic hazard structural requirements of the Building Code. D. Fauna Resources Although there was no professional survey conducted of the faunal i 6 resources of the site, the applicant does not believe that rare or endangered faunal resources are likely to be found within or proximate to the subject site. This is due to the already developed state of the subject area and its immediate surrounding area. Nonetheless, due to the semi-developed state of this area, the faunal resources should be somewhat typical of other developed areas. One may thus find bird species such as the Spotted Dove, Japanese White-eye, House Finch, Common Myna, and the like. Domestic animals such as cats and dogs, and other animals like rats and mongoose are also common. None of these are endangered animals. As such, it is unlikely that the development of this property would cause any adverse faunal impacts. E. Flora Resources No commissioned flora survey was conducted of the site. A visual inspection confirmed that the requested area is completely cleared and/or improved. As such, floral impacts of the requested area would thus be negligible, iP at all. On the balance of the site (which is not part of this rezoning action), common weeds such as the "California" grass and the gunpowder trees were observed. There was also a small patch of banana plants. Thus, the applicant believes that there are no significant or rare or endangered floral resources in the area of the existing and proposed improvements. F. Historic/Cultural/Archaeological Resources i j No commissioned archaeological survey was conducted of the requested area. This was due in large measure to the fact that the subject area has been entirely cleared and bulldozed. Nonetheless, during the course of developing this project, should any -although very unlikely -archaeological features or sites be uncovered, work in the affected area will immediately cease and the applicant will notify the Planning Department. G. Valued Cultural Resources The recent Hawaii State Supreme Court's "PASH" and "Ka Pa~akai O Ka~Aina"decisions require decision-makers to consider a project's impact to native Hawaiian gathering and fishing rights. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated traditional and customary practices of this site and the impact of this project to these resources and practices. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, fishing and coastal access is not an issue. Furthermore, as noted earlier, the area of the requested area is denuded of vegetation. The applicant also notes that since being in this area for over 10 years, he has nat observed any native Hawaiians gathering plants within or proximate to the subject site. As such, it would appear very unlikely that the site would serve such purpose today and/or in the recent past. Nonetheless, if legitimate claims are made, the applicant will make the appropriate access accommodations. 1 Based on the above, it does not appear that the project would have any potential adverse impacts relating to native Hawaiian cultural R"1 and historical resources and/or practices. H. Water and Coastal Resources The subject site is located over 7 miles from the coastline. As such, coastal impacts resulting from discharge of drainage systems from the site should not be significant. Being anon-coastal property, no coastal access will be affected. The applicant's plan does not require a wastewater system. Nonetheless, should there be a need for one, a septic system instead of cesspools will be utilized. Thus, this should further reduce potential adverse groundwater or nearshore water impacts resulting from this project. Further as noted earlier, prior to the installation or use of any drywells on the site to address on-site drainage concerns, the appropriate UIC permit from the State will be taken. At that time, impacts to water and coastal resources will be carefully examined. I 8 I. Noise, Air Quality, and Dust The existing background ambient noise level is associated with the wind, foliage, birds, and the like. Collectively, that type of noise level would be relatively low, averaging less than 45 Ldn. Manmade noise in this area, however, is heavily influenced by the traffic along the Volcano Highway. This project will introduce additional vehicular traffic to this area, and there may be some noise impacts resulting more these vehicles. To mitigate intends to install appropriate landscaping along the southwestern edge of the property and the area which separates the CV-20 from the A-5a zones. Then, too, the bulk of the vehicular activity will be during the daylight hours, when the noise level is higher due to the traffic along the Volcano Highway. There will also be short-term noise impacts during the construction phase. To mitigate this impact, the development of this project - particularly the site work -will be limited to daylight hours and on weekdays. Contractors will also be required to comply with established State Department of Health guidelines and standards relating to noise and emission controls. The proposed development should not generate any direct air ualit impacts. As the project itself is not expected to have uses that generate adverse air pollutants, the only discernible air quality impact would be associated with vehicular traffic to and from the site. While the added traffic will have an impact to the ambient air quality, the impact should not be significant. This is due in part to the higher EPA standards for vehicular air emissions and the prevailing tradewinds. All of the required parking area within the project site will be paved with an all-weather, dust free surface. Landscaping will also be F required as part of the Plan Approval requirement. As such, with the exception of minimal construction dust in the beginning, long term dust generated by the project should be insignificant. J. Scenic and Visual Considerations In the Narural Beauty element of the General Plan, there are sites or areas listed as scenic resources. The subject site is not listed as a scenic site. However, Mauna Kea and Mauna Loa are listed as scenic resources. i 9 The proposed project should not have any adverse visual impacts of views to these mountains. The are no views of the mountains now. At this time, the applicant does not intend to construct any structures associated with his proposed uses. As such, there should be little, if any, long-term visual impacts. With the landscaping screening along the Volcano Highway, as well as along the southwestern and makai portion of the site, the impacts of this project should not be significant. VI. SOCIAL AND RELATED CONSIDERATIONS Surrounding Land Jses The surrounding land uses in this area are a mixture of low density residential, agricultural, and commercial uses. There are residences on the southwestern or Volcano side of the property, as well as mauka of the Volcano Highway. There are commercial uses -including the applicant's service station -adjacent to the site, as well as a convenience store and the post office on the Hilo side of the subject area. There are some limited agricultural + activities and iow-density residential uses further makai of the subject site. It is maintained that the requested use would be generally consistent with the evolving mixture of commercial and residential land use pattern in this area. Nonetheless, because of the adjoining residential properties, some mitigative measures will be taken. These measures deal principally with landscaping, lighting, and hours of operation (day only). ~ B. Economic Imaacts 1 The requested zoning would have some measure of economic impact, as it would provide short-term employment opportunities for those in the construction and related industries. The ability for the applicant to maintain and/or expand his towing business associated with the service station would help him maintain and possibly increase the number of employees. It is anticipated that there would be between 4-8 full and/or part-time workers. A commercial rezoning would also increase the tax revenues to the County. However, there could be some real property tax i io consequences for the adjoining residentially or agriculturally zoned properties. As the assessed valuation of the subject property rises due to the higher commercial use, there could be some fallout to neighboring properties. However, landowners intent on keeping their property for residential or agricultural uses would have the option of dedicating their land for residential or agricultural uses. C. Agriculturallmpacts The subject site has not been used for any agricultural purposes for over 15 years. The surrounding areas are also a mixture of commercial, low density residential, and some limited agricultural uses. Further, the soil classification system of the Land Study Bureau designates the site as Class D or "Poor". While it does have agricultural potential, it is not unique from an agricultural resource perspective. Thus, its removal from potential agricultural use should not compromise the agricultural objectives of the County. Given the above, the agricultural impacts resulting from this rezoning should be negligible, if at all. I , VII. INFRASTRUCTURAL CONSIDERATIONS i A. Road and Traffic The Volcano Highway fronts the subject parcel. This 2-lane Highway has aright-of-way of 80 feet and 24+ feet of pavement with 10+ foot wide shoulders on each side in this area. The subject site has a 40+ foot wide legal access to the Highway located approximately 250 feet southwest of the entrance to the service station. This access abuts a 10-foot wide easement, which the applicant also has access rights over. Based on discussions with the State Department of Transportation -Highways Division (DOT), the applicant has learned that the State is in the process of making improvements to the Huina Road/Volcano Highway intersection. The improvements call for dedicated left turn lanes from the Highway to Huina Road and the service station. The access to the service station will also be relocated about 50 feet to the southwest. (Figure 4) While traffic signal lights are desired, funding is not available. The planned improvements are scheduled to begin during the summer and completed by spring of 2004. ii N_ ew Huina _ Road Alignment I ~ ~ New Edge Shoulder g° tarry pie _ lie r ~ e Trav 1 way ' o l i ~ ~ _ F I n r n ~ - ' I _ ~ - VOLCANO ROAD (STATE) ~ gravE~ ;c? ci\~,., Work Area ~ F-----J edge a c. J !~/W _ -New Pavement \v~'' ~ ~ a Adjusted Driveway I ~I ~ ~ ~ 0 ~ 6'~ ~ I~ m ° a ~ ~ I, a ~ _ ~ 3 o I cu ~ co _ ~ ~ ~ ~ ~ ~ I c.N ~ ~ ~ ~ i I I, i I I Scale: 1 "=100' I Fzpure 4 ~'~1 VE'?VAY ANG ~r~~~ERTY i1D~ uSTi1~1 c IV TS ~ The State DOT has indicated that it would prefer access to the subject site be directed through the relocated entrance to the service station as opposed to the applicant's permitted access. The applicant is willing to forego the use of his permitted access in exchange for an easement through the service station site (TMK: 1- 7-01: 63). If access can be granted, the applicant is prepared to provide up to 50% of the cost of having the traffic lights installed in conjunction with the contemplated improvements. Should the request not be approved, the applicant is prepared to utilize his existing 40+ foot wide permitted access and make reasonable traffic related improvements meeting with the approval of the State Department of Transportation. B. Water There is a County water line fronting the subject site. For the purpose of the applicant's proposed use of the site, the applicant does not envision needing more than one unit of water. The applicant is prepared to pay the required facilities charge should such service be required. C. Wastewater ~j If needed, the applicant is prepared to construct a septic system for meeting with the requirements of the State Department of Health. D. Solid Waste Solid waste will be handled by commercial haulers who will dispose -_I of the refuse at the county landfill in Hilo and/or Pu'uanahulu, North Kona. The Hilo landfill will be closed within the next few years, while the Pu'uanahulu site has an anticipated life of 25 years. Accordingly, the applicant will comply with the requirement of preparing and implementing a solid waste management plan to t help address this situation. F,. Other Government Services As this area is already part of the village of Kurtistown, it already has access to a number of services. Thus, no extension of government services would be required, and existing facilities should be sufficient to accommodate the demand expected from this project i 1z There is a County fire station and police station in Keaau, located less than three miles away. As this project is a commercial one, it should have little or no direct impacts to schools, parks, and other related facilities. As the project may indirectly generate a school demand, it should be noted that the site is proximate to the new Keaau High School complex. There are also public parks within the Kurtistown and Keaau area. The nearest public health facility is at the Hilo Medical Center, approximately 15 miles from the subject site. This facility is one of 5 licensed hospitals on the island. F. Other Utilities All other utilities such as telephone and electrical services are available to the site. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-Term Productivity ~ The short-term use of the site would probably be the same as the current use, which is open space. This will continue until the full improvements are made, which will hopefully be before the end of this year. This project should not result in any significantly adverse short or long-term impacts that cannot be properly mitigated. There will be ~i direct and indirect economic benefits resulting from the construction and implementation of this project. There will be construction jobs created in the short-term and at least 4-8 full and/or part-time positions created. Relatedly, the project will generate increased tax revenues that can supplement the State and County's fiscal resources. Because of its location, this project will provide a service that can be made reasonably accessible to the immediate neighborhoods. The required infrastructure - if needed -will be implemented by the applicant to mitigate potential impacts of this project. 13 B. Irreversible and Irretrievable Commitment of Resources The area of the requested rezoning has already been extensively disturbed. As such, the commitment of natural or other resources (such as botanical and avifaunal) would not appear to be significant. Likewise, the likelihood of finding any archaeological or cultural remains on the site appear remote. Further, any unanticipated finds can be properly mitigated upon consultation with appropriate government agencies. C. Mitigative Measures The applicant intends to provide any required off and on-site infrastructure in conjunction with the development of this project. These may on-site drainage for the storage area, landscaping, and water improvements. All of these, if required, will be done. in conjunction with the permitting and permit implementation phases of this project. Although the potential of discovering additional archaeological ti ' features on the site is remote, if any inadvertent discoveries are made during any phase of this project, the Planning Department will be notified. Additional landscaping will also be incorporated within the project site, as well as along the boundaries adjacent to residential properties. The landscaping would be consistent with the Planning Department's landscaping rules. I ~.l D. Alternatives to the Proposed Project 1. No Proiect Under the status quo alternative, the site would remain in its present vacant, cleared use. Under this scenario, the site would not be utilized to its highest and best use, as envisioned by the General Plan and the commercial growth of the general area. 2. Development Based on Existing A-5a Zoning Under this alternative, the area of the requested zoning i would still not be utilized agriculturally, given its current 14 condition. The balance of the site (which is about 5+ acres) could conceivably be used more intensively for agriculture. The requested zoning would not eliminate this possibility. While there are abundant, vacant residentially zoned and undeveloped agriculturally zoned properties in this area, there are less than 4 acres of commercially zoned lands. 3. Greater Commercial Densities Another option could be the commercial rezoning of the entire 7.844-acre site. While that may be consistent with the General LUPAG's map Medium Density designation, there may be some possible impacts to the adjoining agriculturally zoned properties. The rezoning of the requested area would result in less impact to those properties. 4. Evaluation of Alternatives Leaving the property in its current state would not maximize the use of the land. There would also be diminished tax revenues and less services to the public. While alternative commercial densities are possible, the potential impacts to surrounding property owners would be ? greater. The scaled down commercial zoning would result in the project's impact to the area's social and physical infrastructure being less pronounced. Certain mitigative J measures such as landscaping and so forth will be taken to further address any possible impact associated by the development of this site. In that regard, the project in totality would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested CV-20 zoning alternative. IX. REGULATORY ANALYSIS -County and State Land Use Policies A. General Plan LUPAG Map I 15 The General Plan provides for the long-range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. The LUPAG map designates the site Medium Density, a designation that allows the requested CV-20 zoning. Accordingly, this request would not be inconsistent with the LUPAG map. B. General Plan Policies The requested zoning would be consistent with the goals, policies, and standards of the Economic and Land Use Elements of the General Plan. Specifically, the more pertinent ones follow: Economic Element Goals Provide residents with opportunities to improve their quality of life. Economic development and improvement shall be in ' balance with the physical and social environments of the island of Hawaii. ~"i The County of Hawaii shall strive for diversity and stability in its economic system. The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Policies The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. The County shall strive for an economic climate which provides its residents an opportunity for choice of occupation. I lE • The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. The County shall encourage the development of a visitor industry which is consistent with the social, physical, and economic goals of the residents of the County. Land Use Element (Commercial) Goals Provide for commercial developments that maximize convenience to its users. Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. Policies Commercial facilities shall be developed in areas ~ adequately served by necessary services, such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. The development of commercial facilities should be designed to fit into the locale with minimum intrusion while providing the desired services. Appropriate infrastructure and design controls shall be incorporated into the review of such developments Standards Commercial developments shall be located in areas adequately served by transportation, utilities, and amenities. Commercial developments shall provide for adequate internal circulation amongst commercial ~ facilities in the area. ~7 Off-street parking and loading facilities shall be provided. Commercial development shall maintain or improve the quality of the present environment through the consideration of visual, access, landscaping, and other design elements in their development. Preference shall be given to commercial lands with a reasonably level topography. Discussion If approved, the project would continue to provide needed services to this region. Its location is ideal to service the Volcano and upper Puna area well. Relatedly, all required infrastructure is there or, if not and/or needed, will be provided by the applicant without taxing government's servicing ability. Further, the site does not have any on-site developmental constraints. The land is relatively level and is designated "X" on the FIRM map. ' Although there may be a potential for some endemic birds to visit this area, the development of this site would not remove a critical habitat. The subject area is totally denuded of vegetation. Then, too, there are alternative areas that would be more suitable for any habitats. Likewise, due to the denuded physical nature of this site, it is very unlikely that there may be any archaeological features ~i left on the site. In the event there are some inadvertent archaeological finds, work will stop and the State DLNR and ~ County Planning Department will be consulted before further ~ activities occur within the affected area. Finally, in the event structures are built within the subject site, standards contained in the Zoning Code -such as parking, setback, height, etc. -will be complied with. C. Zonin If the request were approved, the site would be developed into a vehicular towing business associated with the service station. is Although no structures are contemplated at this time, should one be required, it will be consistent with the height, setback, landscaping, and parking requirements of the Zoning Code. No variances from the Code are anticipated. D. Hawaii State Plan Chapter 226, Hawaii Revised Statutes, outlines the long-range goals and policies of the Hawaii State Plan. Said Plan is intended to serve as a guide for the growth and future long-range development of the State. Pursuant to said requirement, a discussion of the pertinent policies and goals and the project's relationship follows: Goals A strong, viable economy characterized by stability, diversity, and growth that enables the fulfillment of the needs and expectations of Hawaii's present and future generations A desired physical environment characterized by beauty, k, cleanliness, quiet, stable and natural systems, and uniqueness that enhances the mental and physical well-being of the people Physical, social and economic well-being for individuals and families that nourishes a sense of community responsibility and caring of participation in family life. Discussion The proposed project would achieve these goals. It would provide both direct and indirect employment opportunities for current and future residents of the island; contribute to the island's overall tax base and hence, increase both State and County revenues; and complement and support other economic uses and in turn, contribute to the stability, diversity, and growth of local and regional economies. This employment opportunity would come without adversely affecting the environment. There are no known or significant plant or animal life as well as archaeological/cultural features that would be impacted Impacts to the surrounding areas would also not be significantly adverse. All of the required infrastructure are in place, and if any 19 upgrades are needed, they would be done by the applicant and not at the cost to the public. The provision and/or retention of natural landscaped buffers around the perimeter of and selected portions within the project site would also help mitigate any adverse visual and noise impacts to neighboring residential or agricultural properties. G. Hawaii Coastal Zone Management Program The objectives of the Hawaii Coastal Zone Management (CZM) Program are outlined in Chapter 205a, Hawaii Revised Statutes. The principal goal is to assure the protection and maintenance of the State's coastal resources. Although the entire State falls within the CZM area, the permitting process is geared for those areas proximate to the coast and identified by the County as the Special Management Area. Nonetheless, a general review of a project's consistency to the CZM policies -regardless of its location -must still be made. In that regard, please note the following: The proposed project will not have any substantial adverse ~ + environmental or ecological effect. (Please refer to discussions in Chapters V, VI, and VII). Any effect that may result will be minimized to the extent practicable and will be clearly ~^i outweighed by public interest. The proposed development would be consistent with the objectives of the CZM program. Specifically: there would be no impact to the area's recreational resources. This is not a shoreline property; the site does not appear to have any historical resources; • the project will not affect any scenic and open space resources; the coastal ecosystem will not be impacted; there will be more employment opportunities, and hence F furthering the economic uses of the site; the site is more than seven miles from the shoreline, and thus there would be no coastal hazard or beach erosion or marine resource impacts; and public participation will be achieved through the hearings on this request. zo • The proposed development is consistent with the County General Plan and other appropriate regulatory tools, such as the Zoning Code. H. State Land Use Urban Standards As the requested area covers Tess than fifteen (15) acres, the County can process the request. Pursuant to the Planning Commission Rule No. 13, the request must meet certain standards. These standards and their justification follow: 1. Conformity to the General Plan The project's relationship and conformity are demonstrated in sections IX A and B above. 2. Relationship to State Land Use Urban District Standards The State Land Use Commission's Rules provide the standards for determining the Urban district boundaries (Section 15-15-18). Their relationship to this request are noted as follows: a. "City-Like" Characteristics ~i A concentration of people, structures, streets, and rural/urban level of services characterize this area. There are residences in this area; a neighborhood commercial center- including a service station - adjoining the subject site. b. Factors of Urban Characteristics The site is proximate to centers of trading and employment. It is within an area where there are existing commercial uses and intended to serve as a mini-employment center for the village of Kurtistown. All of the related urban amenities and services such as school, parks, and protective services are also located less than three (3) mites from the site. As such, basic governmental and utility services are readily available to this area. This reclassification will not necessarily result in providing a sufficient urban reserve area for growth, I zi as the applicant intends to develop the property immediately. Further, the site represents more of an "in-filling" and as such, would not really be suitable for a growth reserve area. Nonetheless, its approval and development could make fringe properties more suitable for reserves. c. Natural Hazards Topographically, the site is suitable for development. It does not have slopes in excess of 30 degree. The site has no known unstable soil condition or f[oodways that traverse it. It is outside of the tsunami zone and is not located within the high volcanic hazard area. Although within Zone 3 of the earthquake hazards, this is a category that applies to this area, as well as major urban areas like the City of Hilo. d. Contiguous to Urban Areas p ~ As noted earlier, the site is contiguous to an urban area. The site is adjacent to a service station and neighborhood convenience center complex, which ~'i also includes the area's post office. There are also residentially zoned properties across of the subject site. e. Relationship to County Growth Plans This site does not represent the creation of a new urban concentration, as a portion of the surrounding area is already an urban like environment. As such, this standard is not really applicable. However, it is noted that the site and a small portion of the ~ surrounding areas are designated for expansion and growth on the appropriate county plans and documents. f. "Scatteriaation" Impact As the site does conform to the standards described earlier, this standard really does not apply. This applies to a situation where an amendment creates a potential "spot" zoning and thereby increasing the i 22 need to extend public services at considerable taxpayers' expense. In this situation, the area is already somewhat developed and the subject site is contiguous to this developing area. Its development should thus not result in the expansion or extension of government services. g. Slope of Property Although there is a 8-10 foot grade difference within a portion of this site, this area will be filled. In the end, there will be a 8-10 foot separation between the CV- 20 and A-5a zoned areas; and that separation should provide a good buffer. As such, development of this site would not be violative of the "more than 20% slope" standard. 23 ,,,SY 4F /,q~ Harry Kim ~ _ ~ Christopher 7. Yuen m~~o. D(recmr i e +,FF Oi~N~'~' Roy R. Takemoto nerun~Dtre«„r ~u~azt~~r ~f ~ttfutttt PI.ANIVING DEPARTMENT 101 Pauahi Street, Suiie 3 Hilq Hawaii 96720-3043 (808) 961-8288 Fax (808)961-8742 March 13, 2003 Mr. Sidney M. Fuke Planning Consultant 100 Pauahi Street, Suite ~ 12 Hilo, HI 96720 Dear Mr. Fuke: h' Unpermitted Uses in CV Bistrict Subject: Responseto Letter Dated March 5, 2003 Tax Map Key 1-7-001.063 Olaa Homestead Reservation Lots Puna, Hawaii Thank you for your quick response to resolve this matter. We will allow sixty (60) days to implement the courses of action listed in your letter. Our inspector will need to conduct a site inspection to verify that the non-tow industrial related vehicles have been moved to the Shipman Industrial Park. Please keep us informed of your progress and notify our inspector when you are ready for the site inspection. Thank you for your cooperation in this matter. If you have any questions, please feel free to contact Jeff Darrow at-961-&288. 4 Sincerel , w c STOP J.YUEN Punning Director JWD:pak p_wpwin60Ajef~~-nforce~2003~.41onzo2.d~~c i Exhibit A Mr. Sidney M. Fuke Planning Consultant Page 2 Marc1~ 13, 2003 cc: Long Range Division Planning Commission Mr. Jeffrey W. Durow, Planner Mr. Benjamin Alonzo c/o Keaau Service Station P.O. Box ?35 Keaau, HT 96749 I I SIdIIEyFU{C0, Planning Consultant 100 Pauahi Street, Suite :?12 • Hilo, Hawaii 96720 •?laming • Variance • Zoning Telephone- (808) 969-157? • Fax: (808) 969-7996 • Subdvislon • Lantl Use Permits • Environmental Reports March 5, 200 Mr. Christopher Yuen, Direcfor County Planning Department 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yuen: Subject: Automobile Storaee and Related Uses - TM-K: 1-7-001: 063 This is to acknowledge the receipt ofyour letter of February 27, 2003, to Mr. Benjamin Alonzo regarding the subject matter. Mr. Alonzo has requested that I respond to said letter. In that regard, please note that Mr. Alonzo intends to pursue the following courses of action: i 1. He «>ill apply for a State Land Use Boundary amendment (Ag to Urban) d and County rezoning (A-Sato C~-1Oj-for the property dent#fied 15y T1VIIf: 1-7-001: 011. This application will be fled within sixty (60) days of the date of this letter. The request would be to allow his tow business on the subject site. This would he subject to your granting Plan Approval for the proposed uses and the imposition of appropriate conditions to mitigate potential visual and related impacts to surrounding areas. The number of vehicles to be stored, _ j inclusive of the tow trucks, at any point in time would be less than 25. This would he less than the State Deparment of Health storage threshold. 2. Ali of the other non-tow industrial reiated vehicles -such as dump and crane trucks, loaders, trailers, and so forth - would be relocated to his industrial properties located within the Shipman Industrial Pazk and identified as 'CMK: 1-6-146: 29 and 30. This would be done within sixty k (60) days ofihe date ufthis letter. Nag I trust that the above adequately responds to your letter. If not or if there are questions relating to this master, please feel free fo contact me. Thank you very much for you assistance and understanding on this matter. <n ere I Planning Consultant Copy - Mr. Ben Alonzo MHK-64-D3 TUE 12:25 FM P. 01 ~7 -,~'S~ 3~~i's .t~. F.;~ Harry Kim Christopher J, Yucn M1lpyo. Oirvcm~ i~ '1,'11+ Roy R. Takemoto Dryvy DInGn, ~IIIIY[f~T O{ ~MfUMSt PLANNING DEPARTMENT 101 Pauahi Street, Sui[e 3 Hilo, Hawaii 96720-3043 (808)961-8288 Fax(808)961-8742 CERTTFTED MATL 7000 Ob00 OD24 2905 0591 Febn,ary 27, 2003 Mr. Benjamin Alonzo c/o Keaau Service Station P.O. Box 335 Kcaau, HI 96749 + Dear Mr. Alonzo: Unpermitted Uses iu CV District ~`i Tax Map Key' 1-7-001:063 Olaa Tdomestead Reservation Lots, Puna, Hawaii The storage of automobiles and trucks is permitted only in the Industrial districts (ML, MG); it is not permitted within a Village Commercial (CV-10) zoned district. There arc numerous large vehicles stoned on the property including, but not limited to, water trucks, crane truck, semi trucks, dumpers, loaders, trailers, tow trucks anal other similar types of vehicles and equipment. There are several oprions available to you to reotify this situation; L Move and store the vehicles at the Shipman Industrial Park oat TMKs: l 6-146:29 and 30. This would resolve the problem immediately. 2. Apply for a Special Permit for an area to pazk these vehicles on TMK: 1-7-001:011. The property is located directly behind parcel 63 and is situated within the State Land Use Agricullura] district artd the County's Agricultural (A-Sa) zoned district The decision to allow this use rests with the Planning Commission. I1 FaR-04-63 7UE 12 C2b r P.E3_.- Mr. Benjvnin Alonzo c/o Keaau Service Sta*ion Page 2 February 27, 2003 3. Apply for a State Land Use Boundary Amendment to change all or a portion of the State Land Use Designation from Agricultural to Urban an TMK: 1.7-00 ] :011. Tixe decision rests with the Platuting Commission (tlte subject parcel is under 15 acres}. Concurreptly, you can apply for a Change of Zane tram Agriculture! to an industrial zone that would allov~ the storage of large commercial atxd industrial vehicles. This decision rests with the Planning Commission and the Hawaii County Council. We would like a written response within thirty (30) days of the receipt of this letter as to your decision to correct this situation. If we do not receive a reply, we will issue a violation notice. [fyou have any questions, please feet free to contact JeffDarraw at 9G1-8288, Sincerely, Y ~ - G- _ ~f~ CHRISTOPHBI7 J. ~EN Planning Director JWD;pak p;wpwin60~eTenroYCe120031A1anxo_Eoc cc: Long Mange Division ! Planning Commission b1r. Jeffrey W. Datrow, Planner e:: ',i`a f SIC~fI@y~UkB, Planning Consultant 700 Pauahi Street, Sulte 212 • Hilo, hlawaii 96720 W • Planning • Vanance • Zoning Telephone: (808) 969-1522 • Fax: (408) 969-7996 • Su6tlmision • Land Use Perm i!s • Environmental Reports June 5, 2003 ~~'3 ~i~,~ ~ nm 17 ?5 Mr. Christopher Yuen, Director f ~ ~ , ~ , rN Planning Department G~,,_,;.~ , , I COUNTY OF HAWAI' l 101 Pauahi Street Hilo, HI96'720 Dear Mr. Yuen: Subject: SLU (SLU 03 005) and Rezoning (REZ 03 011) Requests Keaau Service Station, Inc. TMK• 1-7-O1• portion of 11 Thank you for providing me with a copy of the Police Departrnent's comments regarding the subject matter. In response to said comments, please be informed that: a. The applicant has been working with the State Department of Transportation regarding the access situation. In that regard, the State will be making improvements to this area this year. The improvements will consist ~~f the relocation ~f tho existing access to the service station and Huina Road further south (Ka'u side). There will also be dedicated lefr- turn lanes to the station as well as to Huina Road. Please refer to the attached improvement plan, which is also found in the application. Inasmuch as there are no funds for the installation of traffic signal lights - which is desired by the State -the applicant is willing to pay up to 50% of the cost of these lights, provided that the State grants an access easement over the service station property. b. The applicant intends to have sufficient on-site parking to meet the project and employee's needs, consistent with the Zoning Code. I trust that this information adequately addresses the Police Department's comments. If not or if there are more comments or questions on this matter, please feel free to contact me. Thank you very much. inr~crel~~ ti S DNEY M. FUKE Pla~ming Consultant Enclosure Copy -Police Department w/ enclosure Keaau Service Station, Inc. ~~ia FAX EXHIBIT ~~~3i~~~. sl(jll@yFul(B, Planrrng Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning Telephone: (808) 969-1522 • Fax f808) 969-7996 • Subtlmsion • Land Usa Permus • Envuonmenlal Reports June 23, 2003 Mr. Christopher Yuen, Director ~y p Planning Department f ~~.~~n ~ 2 s COUNTY OFHAWAII ~ ~ 101 Pauahi Street ~~Ei\/~ Hilo, HI 96720 Dear Mr. Yuen: Subject: SLU (SLU 03 005) and Rezoning (13EZ 03 011) Requests Keaau Service Station, Inc.,TMK: 1-7-01: nortion of 11 "Thank you for providing me with a copy of agency comments to date regarding the subject applications. In response to said comments, please note the following: State Department of Land and Natural Resources The only pertinent comment came from the Hawaii District Land Division. Should the rezoning request he approved and 9` the State Department of Transportation - Highways Division supports the concept of consolidating accesses in this area, the applicant would request an easement over the State-owned property fronting the subject site. Without the support of the State DOT, the applicant would be resigned to using the permitted access on the south end of the subject site. Department of Public Works Although the site falls within Zone X on the FEMA map, the appropriate drainage plan will be prepared and submitted for the review and approval of the Department of Public Works. This plan will be prepared in conjunction with any grading or grubbing permit or building permit affecting the subject property. 1 trust that this information adequately addresses the aforementioned agencies' comments. If not or if there are more comments or questions on this matter, please feel free to contact me. Thank you very much. mcerely, I /tiJ SIDNEY M~~UKE Planning Consultant Enclosure Copy -State DLNR -Land Division County Department of Public Works ~ Keaau Service Station, Inc. w/ enclosures via FAX SldflByFU~CB, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 Planning • Variance • Zoning Telephone: (808) 96P-1522 • Fa c (808) 969-7996 • Suhtlivlsion • Land Use Pe~m~ts Jnne 25, 2~~3 • Enviroomen~al Reports m .1 I~~`,~ 7 G ryI ' n i. E ~-r Mr. Christopher Yuen, Director P~!`~"'~~~' ~ - , „ Planning Department G~ ' COUNTY OF HAWAII 10] Pauahi Street Hilo, Hl 96720 Dear Mr. Yuen: Subject: SLU (SLU 03 005) and Rezoning (REZ 03 011) Requests Keaau Service Station, Inc.,TMK: 1-7-O1: portion of 11 Thank you for providing me with a copy of the County Department of Environmental Management's comments regarding the subject applications. In response to said comments, please be informed that • due to the topography of the site, the applicant intends to retain almost all material on-site; • for the short term, the applicant has no plans to construct a structure on the subject site. Thus, construction and/or demolition waste will be minimal, if at all; and • all solid wastes will be handled through commercial carriers who comply with appropriate County waste disposal policies and regulations. I trust that this information adequately addresses the aforementioned agency's comments. If not or il~there are more comments or questions on this matter, please feel free to contact me. Thank you very much. ,~`(i~gcerrely, 1 `g ~i~11 r~~h4~.y~. SIDNEY M. FUKE Planning Consultant Copy -County DEM Keaau Service Station, Inc. w/ enclosure rs' 1,`~ SldnByFUkB, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning Telephone: (808) 969-1522 • Fax: (808) 969-7996 • Subdivision • Land Usa Permits • Envnonmemal Reports July 7, 2003 " '9f3 ,iiiL ° 1 12 ~ Mr. Christopher Yuen, Director FL,'r'r ,I~ - Planning Department C~ '•!IENT COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yuen: Subject: SLiJ (SLU 03 005) and Rezoning (12EZ 03 011) Requests Keaau Service Station, Inc.,TMK: 1-7-O1: aortion of 11 Thank you for providing me with a copy of the County Depaztment of Water Supply's comments regazding the subject applications. In response to said comments, please be informed that in conjunction with the building permit process, the applicant intends to secure a 5/8-inc1T meter for his project. Should a larger meter be necessary, the requirements of the Department of Water Supply will be complied with. Further, the applicant realizes that although water is available now, the si?uatlon may change from time to time. As such, if these requests are approved, the applicant intends to secure a water commitment from the Water Department. I trust that this information adequately addresses the aforementioned agency's comments. If not or if there are more comments or questions on this matter, please feel free to contact me. Thank you very much. incer~~ IDNErrrrYlll) M. FUKE Planning Consultant Copy - County DWS Keaau Service Station, Inc. w/ enclosure 4'~.. ;fir ~