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HomeMy WebLinkAboutCOM 0443.000 2002-2004Harry Kim Mayor Dixie Kaetsu Managing Director '03 DEC 19Aid 10 23 D Pu y M n g ng D'irecon COUNTY OF HAW -, N71 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (86581�555'l KONA: 75-5706 Kuakini Highway, Suite 103 Kailua-Kona, Hawaii 96740 (808) 329-5226 • Fax (808) 326-5663 December 16, 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: Change of Zone (REZ 745) Applicant: Dianne & Edward Hirayama Request: Amendment to Change of Zone Ordinance No. 93-100 (Time Extension) Tax Map Key: 2-2-50:8 Change of Zone Application (REZ 03-022) / Applicant: Hawaii Brewery Development Co., Inc. Request: A -20a to A -5a Tax Mal) Key: 1-6-141:1 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. Sincerely, Ado Harry Kim Mayor L 112103may Enclosures cc: Planning Department j3111 d-0-3 Comm. Ref. To: PG Ref. Date Harry Kim Mayor December 16, 2003 County of Hawaii PLANNING COMMISSION 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808)961-8288 • Fax(808)961-8742 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 03-022) Applicant: Hawaii Brewery Development Co., Inc. Request: A -20a to A -5a Tax Man Key: 1-6-141:1 The Planning Commission, after a duly held public hearing on November 21, 2003, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 14.587 acres of land from an Agricultural 20 -acre (A -20a) to an Agricultural 5 -acre (A -5a) district. The property, which includes the Hawaiian Natural Water Co., Inc.'s water bottling facility, is located along the old "Slaughter House Road", approximately 700 feet east of the Highway 11, Keaau, Puna, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant is requesting a change of zone from an Agricultural 20 -acre (A -20a) to an Agricultural 5 -acre (5-20a) district for approximately 14.587acres of land. The property is proposed to be subdivided into two lots. This would allow the existing water bottling facility (Hawaiian Natural Water Co.) to be located on one lot and would set aside the other lot for the development of a brewery, which was approved by Special Permit No. 842. The subdivision would facilitate the operation, and possible sale, of the water bottling facility as a separate entity from the other permitted, but undeveloped brewery and related improvements. These activities were permitted by Special Permit No. 842. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 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 also be considered as they may have an impact on similar areas in the County, but ultimately, on the future development of the entire island. The proposed change of zone request would be consistent with the Land Use and Economic elements of the General Plan. The General Plan was developed to serve as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The proposed request would complement the Land Use goals, policies and standards, which are set forth to physically plan the lands in the County in the best interest of the island's residents. The proposed request would also complement the goals and policies of the Economic element of the General Plan. LAND USE: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. The approval of this request would allow the permitted use of the water bottling facility and the proposed development of a brewery, as permitted under Special Permit No. 842, to become separate entities on separate lots. The approval of this request would allow the applicant to subdivide the 14.587 -acre parcel into two (2) 7+ acre lots. ECONOMIC: 0 Provide residents with opportunities to improve their quality of life. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 • Economic development and improvement shall be in balance with the physical and social environments of the Island of Hawaii. The County of Hawaii shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. The approval of this request would allow the applicant the opportunity to create two separate lots. This would allow for the separation of the water bottling facility and the proposed brewery and give the applicant an option of possibly selling the lot with the water bottling facility in the future. The reclassification action also conforms to the LUPAG Map, which designates the area for Low Density Urban. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action to guide the coordinated growth and development of the County. It reflects a graphic depiction of the spatial relationships among various land uses and the expressed policy statements of the document itself. The LUPAG Map establishes the basic land use pattern for areas within the County. Therefore, change of zones and requests for amendments to the LUPAG Map must be evaluated against applicable goals, policies and standards of the General Plan. The General Plan LUPAG map identifies the proposed area as Low Density Urban, which is designed to accommodate land uses that are "single family residential in character, ancillary community and public uses, and convenience type commercial uses." Although this request is not for smaller residential type uses, it is consistent with the General Plan LUPAG designation and would not frustrate the long-term low density goal envisioned in the General Plan. The proposed revision to the General Plan does not have any recommended changes to this area. In general, the majority of properties surrounding the subject property are zoned A -20a, except for Shipman Industrial Park located across Highway 11 to the west and several residential areas located to the south near Keaau town. There have been several special permits that were approved in the area, which include several processing facilities for papaya, pickled vegetables, fruit, macadamia nut, etc. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 The proposed area is on the fringe of an area identified as Industrial in the General Plan LUPAG map. This area was considered for industrial expansion as a variety of industrial uses have been established in the vicinity both through industrial rezonings - Helco and Puna Sugar (pending) and through the Special Permit process. The following is a list of some of these uses approved by special permit: • SPP No. 671 (Hawaii Anthurium Growers Cooperative) in August 1988, on TMK: 1-6-03:21 for a processing and a floral packing facility. • SPP No. 686 (HELCO) in November 1988, on TMK: 1-6-03: 93 to operate an electric power plant previously operated by Puna Sugar Company. • SPP No. 707 (AMFAC Tropical Products) in June 1989, on TMK: 1-6-03:18 & 23 for a fruit packing and processing plant. • SPP No. 418 (AMFAC Tropical Products) in March 1979 and expanded in June 1989, on TMK: 1-6-03: portions of 5 and 73 for fruit packing and papaya puree processing facilities. Special Permits No. 671, 707 and 418, which include processing agricultural products grown off site, are now permitted uses. • SPP No. 925 (Hawaii Christian Camping Association, Inc.) in February 1996, on TMK: 1-6-03:17, for a church, school and related improvements. • SPP No. 931 (Greenhouse Specialists, Inc.) in February 1996, on TMK: 1-6- 03:20, for a greenhouse and nursery supply outlet. The project site is situated within close proximity to commercial areas, employment centers and public safety services. The project site is located less than one mile from the urban retail and employment area of Keaau Town Center. Police, fire and emergency medical services are located in Keaau, approximately one mile from the subject property. Keaau is centrally located at the junction of two major highways in the Puna District, Highway 11 and the Keaau-Pahoa Highway. All utilities and services are or will be made available to the project site which are essential to accommodate the proposed development. Access to the subject property is from the Old Volcano Highway and the Slaughterhouse Road. The Old Volcano Highway and the Slaughterhouse Road has a pavement width of 20 feet within a 50 -foot wide right-of-way. As you near the property, the Slaughterhouse Road begins to taper to a pavement width of 15 -feet with 5 -foot wide gravel shoulders. Since the Special Permit Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 was issued, the roadways have been improved in the immediate area with the Keaau- Pahoa bypass road and the realignment of the Old Volcano Highway. According to the Department of Water Supply, the parcel is currently serviced by a 2 -inch meter for an average demand of 3,200 gallons per day. Based on the prevailing water situation in the area, water can be made available from a 6 -inch waterline along Slaughterhouse Road with a meter connection subject to review and approval during the construction design phase of the proposed development. There is no municipal wastewater system in the area. According to the applicant, an enhanced septic system meeting with the requirements of the Department of Health will be required. This will be done by the applicant in conjunction with the issuance of a building permit for the proposed brewery. According to the Department of Health, the owner will be required to hire a consulting engineer to determine the proper method of treatment and disposal of brewery waste. A condition of approval will be added to reflect this requirement. Electricity and telephone are available to the site. The proposed request from an Agricultural 20 -acres (A -20a) to Agricultural 5 - acres (A -5a) zoned district will not have a significant adverse impact to traditional and customary Hawaiian Rights. The subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. The applicant neither recalls seeing any native Hawaiians using the subject or immediate surrounding area in the recent past for the gathering of plants nor learning of any information to that effect from area residents. Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of documentary records, or botanical study was included in the application. The valuable cultural, historical, and natural resources found in the project area: As commented by the State Department of Land and Natural Resources Historic Preservation Division and supported by the applicant, " there are no historic properties present because residential development/urbanization has altered the land and that they believe that no historic properties will affected by this undertaking." Possible adverse effect or impairment of valued resources: As stated by the State Department of Land and Natural Resources Historic Preservation Division, "they believe that no historic properties will be affected by this undertaking." According to the applicant, the subject site has already been disturbed and as such, the project should not result in an irreversible commitment of natural or archaeological resources. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 Feasible actions to protect native Hawaiian rights: As stated by the applicant, the applicant neither recalls seeing any native Hawaiians using the subject area or immediate surrounding area in the recent past for the gathering of plants nor has learned of any information to that effect from area residents. In the unlikely event that legitimate gathering claims are made by native Hawaiians, the applicant intends to respect and honor such claims and provide the needed access within the site. Based on the above findings, this request for a Change of Zone from an Agricultural (A -20a) to an Agricultural (A -5a) zoned district would result in an appropriate land use pattern and further the public convenience, necessity and general welfare. For your favorable consideration, an amendment to Section 25-8-22 (Puna District Zone Map), of the County Zoning Code is transmitted. We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, Fred Galdones, Chairman Planning Commission Lh awai ibreweryrez02 PC Enclosures cc: Mr. Sidney Fuke Mr. Marcus Bender Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD/Kona Rodney Haraga, Director/DOT-Highways, Honolulu BHawaiiBrewery-REZ03-022-SPP842.jwd 11-06-03 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT HAWAII BREWERY DEVELOPMENT CO., INC. CHANGE OF ZONE APPLICATION (REZ 03-022) AMENDMENT TO SPECIAL PERMIT NO. 842 HAWAII BREWERY DEVELOPMENT CO., INC. is requesting a Change of Zone for 14.587 acres of land from an Agricultural 20 -acre (A -20a) to an Agricultural 5 -acre (A -5a) district and a request for a time extension to Condition No. 5 (construction timetable) of Special Permit No. 842, which allowed the development of a brewery and bottling facility on 14.587 acres of land situated within the State Land Use Agricultural District. The property, which includes the Hawaiian Natural Water Co., Inc.'s water bottling facility, is located along the old "Slaughter House Road," approximately 700 feet east of Highway 11, Keaau, Puna, Hawaii, TMK: 1-6-141:001. APPLICANT'S REQUEST 1. Request: The applicant is requesting the following: 1) Change of Zone for 14.587 acres of land from an Agricultural 20 -acre (A -20a) to an Agricultural 5 -acre (A -5a) district. 2) Request for a time extension to Condition No. 5 (construction timetable) of Special Permit No. 842, which allowed the development of a brewery and bottling facility on 14.587 acres of land situated within the State Land Use Agricultural District. Condition 5 states, "construction/renovation of the proposed brewery and bottling facility and related improvements shall be completed and a certificate of occupancy issued within five years form the effective date of this Special Permit." The applicant has submitted the attached in support of the request (See Exhibit A - Change of Zone Application and Amendment to Special Permit No. 842) 2. Reasons for the Change of Zone Request: In rezoning the property, the applicant intends to subdivide the 14.587 acres into two 7+ acre sized lots. One of the lots would include the existing water bottling facility, while the other would be used for the -1- C -q43 (76;11 203) PC development of the brewery, possibly sake. The subdivision is designed to facilitate the operation and possible sale of the water bottling facility as a separate entity from the other permitted, but undeveloped components of the project. 3. Reasons for the Special Permit Time Extension: The reason for the time extension request for Condition No. 5 of Special Permit No, 842 is that although the water bottling facility has been constructed and is in operation within the required five years under Condition No. 5, the brewery has yet to be constructed as of this date. The request is therefore to extend the construction time period for the brewery portion of the Special Permit. BACKGROUND INFORMATION 4. Special Permit No. 842: Approved by the Planning Commission on May 27, 1993 to establish a brewery, water and soft drink bottling facility and related improvements on approximately 14.5 acres of land in the State Land Use Agricultural District. 5. Final Plan Approval (PA 2971): Final Plan Approval was secured on December 8, 1994 for the Bottling Facility -Hawaiian Natural Water Company in compliance with Condition 4 of Special Permit No. 842. STATE AND COUNTY PLANS 6. State Land Use Designation: Agricultural. 7. General Plan LUPAG Map: Low Density Urban (LDU). The designation if designed to accommodate land uses that are "single family residential in character, ancillary community and public uses, and convenience type commercial uses." 8. County Zoning: Agricultural - 20 acres (A -20a). 9. Chapter 205A, HRS, Coastal Zone Management Program: 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, scenic and open space resources, coastal ecosystems, economic uses, coastal hazards, managing development, public participation, and beach protection. The property is located approximately ten miles from the coastline. 10. SMA: The Special Management Area is a part of the Coastal Zone Management -2- Program and regulated by the County. The subject property is not located in the Special Management Area. DESCRIPTION OF PROPERTY AND SURROUNDING AREAS 11. Subject Property: The subject property is located east of the Volcano Highway (Highway 11) and north of the Keaau-Pahoa Bypass Road (Highway 130). The town of Keaau is located approximately one mile to the south. 12. Surrounding Zoning and Land Uses: In general, the majority of properties surrounding the subject property are zoned A -20a. The Shipman Industrial Park, which is zoned MG -20, is located across Highway 11 to the west. There are and several residential areas located to the south near Keaau town. A portion of the parcel that borders the subject property to the south is zoned A -5a. Special Permit No. 418 was approved for a papaya processing plant for this A -5a property. There have been other special permits that were approved in the area including several processing facilities for papaya, pickled vegetables, fruit, macadamia nut, etc. 13. Agricultural Lands of Importance to the State of Hawaii (ALISH) System: The property is unclassified on the ALISH map. 14. FIRM: Zone "X" or areas outside the 500 -year flood plain. 15. U.S.D.A. Soil Type: A portion of the property is classified as Ola'a extremely stony silty clay loam, 0 to 20 percent slopes (OID). Permeability is rapid, runoff is slow and the erosion hazard is slight. The other portion of the property is classified as Keaukaha extremely rocky muck, 6 to 20 percent slopes (rKFD). The soil above lava is rapidly permeable. The pahoehoe lava is very slowly permeable, but water moves rapidly through the cracks. Runoff is medium, and the erosion hazard is slight. 16. Land Study Bureau Soil Rating: The west half of the property is classified as "D" or "Poor" and the east half of the property is classified as "C" or "Fair". 17. Archaeological Resources: According to the applicant, as the site has already been disturbed, an archaeological inventory survey of the subject site was not performed. The Department of Land and Natural Resources -Historic Preservation Division submitted a comment letter stating that they believe there are no historic properties present because residential development/urbanization has altered the land and that they believe that no -3- historic properties will affected by this undertaking. 18. Floral/Faunal Resources: According to the applicant, although there were no professional surveys conducted of the floral and faunal resources on the site, the applicant does not believe that rare or endangered floral and faunal resources are likely to be found within the subject site. The site has been extensively cleared, as it was used formerly for sugar cane and later as a cattle -holding pen. A good portion of the site has also been developed with structures and other improvements. In the areas not associated with the former slaughterhouse, there is evidence of banana, guava, mango, lychee, avocado, orange and lime trees. There are also a large variety of flowering bushes and trees such as plumeria, root plants such as ginger, dry land taro and hibiscus. The site is not known to be a habitat for any rare or endangered animal life. Given its elevation, however, it may be possible to find the Hawaiian Hawk (I`o) and the Hawaiian Owl (Pueo). 19. Historical and Cultural Resources: The subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. The applicant neither recalls seeing any native Hawaiians using the subject or immediate surrounding area in the recent past for the gathering of plants nor learning of any information to that effect from area residents. 20. Public Access: There is no record of a designated public access to the shoreline or mountain areas traversing the property. PUBLIC SERVICES AND FACILITIES 21. Access: Access to the subject property is from the Old Volcano Highway and the Slaughterhouse Road. The Old Volcano Highway and the Slaughterhouse Road has a pavement width of 20 feet within a 50 -foot wide right-of-way. As you near the property, the Slaughterhouse Road begins to taper to a pavement width of 15 -feet with 5 -foot wide gravel shoulders. Since the Special Permit was issued, the roadways have been improved in the immediate area with the Keaau-Pahoa bypass road and the realignment of the Old Volcano Highway. 22. Traffic: According to the applicant, the projected use will not cause any significant increase in the projected flow utilizing the existing improved roadways. 23. Water: According to the Department of Water Supply, the parcel is currently serviced -4- by a 2 -inch meter for an average demand of 3,200 gallons per day. Based on the prevailing water situation in the area, water can be made available from a 6 -inch waterline along Slaughterhouse Road with a meter connection subject to review and approval during the construction design phase of the proposed development. 24. Wastewater: There is no municipal wastewater system in the area. According to the applicant, an enhanced septic system meeting with the requirements of the Department of Health will be required. This will be done by the applicant in conjunction with the issuance of a building permit for the proposed brewery. According to the Department of Health, the owner will be required to hire a consulting engineer to determine the proper method of treatment and disposal of brewery waste. 25. Other Utilities/Services: Electricity and telephone are available to the site. Police, fire protection and emergency medical services are located in Keaau, less than two miles from the subject property. AGENCIES' COMMENTS 26. Department of Public Works: (September 22, 2003 Memorandum): "We have reviewed the subject application forwarded by your memo dated August 25, 2003 and offer the following comment for your consideration Access to the subject property is via the private street named Slaughter House Road (a portion of parcel 22) and the private stub identified as parcel 24." 27. Real Property Tax Office: (August 28, 2003 Memorandum): "County zoning is agricultural, but this property is assessed as industrial because of its industrial use. Real Property taxes are paid through December 31, 2003." 28. Department of Land and Natural Resources — Land Division -Engineering Division: (September 5, 2003 Memorandum): "We confirm that the project site is located in Zone X." 29. Department of Land and Natural Resources Historic Preservation Division: (October 6, 2003 Letter): "We believe there are no historic properties present because residential development / urbanization has altered the land. Thus, we believe no historic properties will be affected by this undertaking." -5- 30. Department of Health: (August 27, 2003 Memorandum): "The owner will be required to hire a consulting engineer to determine the proper method of treatment and disposal of brewery waste." 31. State Land Use Commission: (September 17, 2003 Letter): "We acknowledge receipt of your August 25, 2003 memorandum regarding the above subject applications. Given the location, scope, and nature of the proposed activity, the State Land Use Commission defers to the judgement of the County of Hawaii in this matter. We have no further comments to offer at this time." 32. Department of Water Supply: (See Exhibit B — September 25, 2003 Memorandum) AGENCIES'— NO COMMENTS 33. Department of Environmental Management, Police Department and Fire Department AGENCIES - NO COMMENTS 34. Department of Environmental Management, Real Property Tax Office, Police Department, Department of Land and Natural Resources Land Division AGENCIES/ORGANIZATIONS - NO RESPONSE 35. Department of Transportation APPLICANT'S RESPONSE 36. The applicant has submitted a response letter for comments from the State Department of Health and the Department of Water Supply. (See Exhibit C — Letter Dated October 31, 2003) PUBLIC COMMENTS 37. The Department has not received any comments or objections to the request. 0 APPLICATIONS FOR AMENDMENT TO SPECIAL PERMIT NO. 842 and COUNTY REZONING (A -20a to A -5a) HAWAII BREWERY DEVELOPMENT CO. INC. Keaau, Puna, Hawai i TMK: (3)1-6-141: 001 Prepared For: Hawaii Brewery Development Co., Inc. Prepared By: Sidney M. Fuke, Planning Consultant August 2003 E X IBI T CHANGE OF ZONE APPLICATION COUNTY OF HAWAIV03 P!)G 13 ,I � y7 PLANNING DEPARTMENT (Type or legibly print the requested infoHn'h1ion)! -' 'ANT Cf APPLICANT: Hawaii Brewery Development Co., Inc. APPLICANT'S SIGNATURE: See attached letter of autorization DATE: August 11, 2003 A T)T)P R.Q.0- 1240 Ala Moana Blvd., Suite 31 Honolulu, HI 96814 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: Marcus Bender, President PHONE:(Bus.) (808) 593-7731 LANDOWNER(S): Hawaii Brewery Development Co., Inc. (Fax LANDOWNER SIGNATURE(S): See attached letter of authorization DATE: July 28, 2003 LANDOWNER(S) ADDRESS: Same as above (May be by letter) REQUEST: A -20a (Existing zoning) TAX MAP KEY: 1-6-141: 001 STREET ADDRESS OF PROPERTY: Slaughterhouse Road A -5a (Proposed SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 14.587 acres AGENT: Sidney M. Fuke 100 Pauahi Street, Suite 212 Hilo, HI 96720 TELEPHONE: (Bus.) (808) 969-1522 (Fax)(808)969-7996 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney M. Fuke COPIES: Marcus Bender (See Instructions on Reverse Side) HAWAII BREWERY DEVELOPMENT CO. INC. 1240 Ala Moana Blvd. Suite 315 Honolulu, Hawaii 96814 Tel: (808) 593-7731 Fax: (808) 593-7751 TO WHOM IT MAY CONCERN: Please be informed that as President of Hawaii Brewery Development Company, Inc., I hereby authorize our Planning Consultant, Sidney M. Fuke, to file .and process a request to amend Special Permit No. 842 and rezone the property identified by TMK: 1-6-141: 001 from A -20a to A -5a. MAR US BENDER (Date) President, Hawaii Brewery Development Co., Inc. ATTACHMENT Agricultural Rezoning I 9 PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If�es, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? A11 b Into what lot sizes? 7+ acres C. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? 1 month d. Do you intend to build houses on the newly created lots? No If yes, please answer the following questions: On how many of those lots? At what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. If you have no firm plans of subdividing the subject area, do you intend to: a• Sell or lease the land to someone who has firm plans? No b. Sell or lease the land to someone who has tentative plans? No c. Sell or lease the land to someone who has no plans? No d. Keep it? Yes e. P n 9 5/AA f. If you intend to do either a, b, 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. Do you think that your request and your further plans for the land will alleviate the local housing situation? N/A How? 4. Are there any buildings on the subject area? Yes If so, what kind? Warehouse and related facilities for a water bottling plant What do you intend to do with those buildings if your request is approved? Keep them 5. Is the subject land currently being used for any agricultural activity? No. If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural lots? No If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitability of the proposed lot -size for that commodity? Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- d, Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. Please refer to planning and environmental report for this request. B. Do you think that the roads leading to the subject area needs improvements? No If so, what kind? Please refer to planning and environmental report fro this re Is the road adequate for the proposed t or 9• What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? a. Schools MIERMS: C. Sewer d. Drainage -3- Yes X i7 X X No Yes Yes e, Police Protection f, Fire Protection g, Recreational Facilities h, Public Utilities r. Other R 0.4 No For those checked "yes", please elaborate what type or kinds of improvements and/or assistance are needed. r Signature: Agent for Marcus Bender Address: 1240 Ala M ana Boulevard, Suite 31 Honolulu 96814 Telephone: (808) 593-7731 Date: August 11, 2003 -4- COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST (A -20a to A -5a) AMENDMENT TO SPECIAL PERMIT NO. 842 HAWAII BREWERY DEVELOPMENT CO. INC. KEAAU, PUNA, HAWAI-I TAX MAP KEY: (3) 1-6-141: 001 INTRODUCTION Hawaii Brewery Development Co. Inc. (hereinafter referred to as either applicant or HBDCl) applied for and received a Special Permit (SPP 842) by the Planning Commission on May 27, 1993 to establish a brewery, water, and soft drink bottling facility and related improvements on 14.5+ acres of land. (See Exhibit A). To date, a water bottling facility (which is operated by the applicant's lessee, Hawaiian Natural Water Co., Inc.) has been established at the site. The applicant Is now requesting the rezoning of the subject property, consisting of 14.587 acres, from Agriculture (A -20a) to Agriculture (A -5a). If approved, the applicant intends to subdivide the property into two (2) 7+ acre sized lots. One of the lots would include the existing water bottling and related facility, while the other would be set aside for the development of a brewery, possibly sake. The subdivision is designed to facilitate the operation and possible sale of the water bottling facility as a separate entity from the other permitted, but undeveloped components of this project. At the same time, condition 5 of the Special Permit required "Construction/renovation of the proposed brewery and bottling facility and related improvements shall be completed and a certificate of occupancy issued within five years from the effective date of this Special Permit." Although the water bottling facility was established, the brewery has not. As such, IF needed, the applicant is requesting another five (5) years for completion of the remaining components of this project. The subject property is located generally north or Hilo -side of the town of Keaau, approximately 700 feet east of the realigned Volcano Highway (Highway 11). It is the site of a water bottling company and the former Miko Meat Slaughterhouse. (Figure 1) II. PROJECT LOCATION The subject area is located generally east of the Volcano Highway and (Highway 11) and north of the Keaau-Pahoa Bypass Road (Highway 130). The town of Keaau is located approximately 1 mile to the south. (Figure 1) 2� - sL rk c ti�29 eta a laiq .e ho e' rFy o Rd• 6 P ? Af r% a ay3Ra� igeaau .d alp " f ,i...: Shipmuw Puna Payed Weillad a $,IfRM- Sugar SbdN Mill Yt EE Lib e t� A - Pili Mua �� 6 8112 Mfg \ Cuud SWP-m Kw+il riddle School C Camp ,� 1 iL `\ Pazk P* he LibMY I-Tale ohm puna cbm C) i 0 Mine Ld At C. 9-1124107. cmpP 1 a Hd w f' cam„ tKeiki �Ko ,� t�e3a M shed dreg . chool n I u'aiwaHai Sc ,: f 1 q Lots- 4a- 130 i Surrounding land uses include a papaya packing plant, the former Keaau Kim Chee factory, a cabinet shop, and scattered residences. 111. PROPERTY HISTORY The subject property was originally part of two lots identified by TMK: 1-6- 141: 2 and Portion of 1). One of the conditions of the Special Permit required the 14.5 -acre area to be consolidated and resubdivided prior to receipt of Final Plan Approval. This was accomplished in 1995, and subsequently, a new tax map key number (TMK: 1-6-141: 001) was assigned to the subject property. (Figure 2) As noted earlier, a water bottling company has been established on a portion of the subject property. The Special Permit also allowed the establishment of a brewery and soft drink bottling facility, including a visitor center. Condition 5 also required construction of the facility within five (5) years (i.e., June 1998). The applicant intends to develop the remaining components of this approved permit. As such, the applicant, if required, is also seeking a time extension of this Permit. IV. PROJECT DESCRIPTION A. Project Concept and Components As noted above, the applicant would like to develop the remaining portion of the 14+ acre into a brewery and visitor center, as originally envisioned by the Special Permit. At the same time, the applicant would like to have the property subdivided so that both interests could operate separately and even allow the sale of the water bottling component of the project. The subject site is thus proposed to be rezoned into the A -5a district and, if approved, subsequently subdivided into two (2) 7+ acre lots. (Figure 3) The applicant understands that the subdivision plan submitted herein may change prior to receipt of final subdivision approval to accommodate County subdivision requirements and appropriate conditions of zoning and, if appropriate, Special Permit approvals: The proposed brewery will include a production building, warehouse structure, laboratory and administration facilities as well as the required improvements to the access roads and parking areas. These structures will be constructed and operated in a manner consistent with terms of the Special Permit. 2 Subiect Site 0 PSP n �J 7 f" fig Z 0 0 h r Q W pp � tt U / PPPV �0 t iP J � � (N h i H � 0 g i n 0 h Figure 3 ra L u si n Q W � tt U o � C t J � � h � g i n N OpLp_r yG]N pmm Figure 3 ra L u si n B. Project Timetable and Cost The applicant hopes to secure the necessary County rezoning approval as soon as possible and begin the subdivision process immediately thereafter. Tentatively, plans call for having the land being subdivided by early to mid 2004, and the development of the brewery in mid 2004. As all of the essential utilities are in, the cost associated with the subdivision should be minimal. The estimated construction cost of the brewery and related facilities, however, may exceed $2 million. V. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject area is designated Agriculture. Based on the size of the requested area, no State Land Use Commission action is required. The County of Hawaii can process the rezoning request. B. County General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the most of the site Low Density Urban. This designation is designed to accommodate land uses that are "(S)ingle family residential in character ancillary community and public uses, and convenience type commercial uses." The proposed revision to General Plan does not recommend any change to this area. Based on the requested Agriculture (A -5a) designation, the project would be consistent with the General Plan LUPAG designation, and no amendments would be required. Such a designation would not frustrate the long-term low density goal envisioned on the General Plan. C. County Zoning The County zoning of the subject property Is Agriculture (A -20a). Essentially, the surrounding properties are also zoned A -20a. There is a Single-family Residential (RS -95) zone further south, closer to the town of Keaau. Although zoned A-20, there are lots north of the subject property that vary in size from 1+ to 5+ acres. If approved, the site would be subdivided in a manner meeting with both the Zoning and Subdivision Codes. Further, all uses and standards consistent with the requested A -5a zone, except as may be allowed by the Special Permit, would be adhered to. D. Relationship to SMA Objectives and Policies The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as the entire island falls within the State Coastal Zone Management (CZM) Area, some discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean. It is more than 3 miles from the shoreline. As such, the proposed action should not have any adverse impacts on the area's coastal recreational and marine resources nor have any impacts on beach protection. The likelihood of this improvement having any impacts to the area's historic resources is not likely. The site has been extensively cleared, as it was used formerly for sugar cane and later as a cattle -holding pen. A good portion of the site has also been developed with structures and other improvements. Nonetheless, should there be any inadvertent finds during construction of the project, work will stop until clearances are received from the appropriate County and State agencies. The proposed action will involve the construction of improvements in a rural/urban setting. Accordingly, there is a potential visual impact to the area's scenic and open space resources from the Volcano Highway and Keaau By Pass. However, the project would involve the construction of a structures that would be comparable to a residential dwelling (i.e., less than 35 feet tall) on each of the respective lots. As the proposed lots are large (7+ acres), the visual obstruction, if any, should be minimal. At the same time, beyond the site, the view is relatively flat with no direct ocean or mountain views. Thus any visual impact to the near or off shore waters as well as to slopes of Mauna Kea or Mauna Loa would be absent. Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located well over 3 miles from the ocean. Notwithstanding the distance, the nature of the project — brewery - and the construction of septic wastewater systems are such that potential coastal ecosystem impacts would usually not be found. Although the proposed action will not result in creating more active agricultural use of the land, it will still have economic use. The existing water bottling plant and soon to be developed brewery will provide employment to area residents. As such, there will be economic uses of the property. Because of its distance from the shoreline, the site should not be subject to coastal hazards. Relative to the managing development objective, this function is more applicable to the "authority" or approving agencies. However, it is noted that the request would operate and be constructed within the scope of the Zoning Code. The subject site would be zoned A - 5a, and the requested use through the Special Permit and design/parameters (parking, height, setback, etc.) would be consistent with said zoning. In that regard, the project would be consistent with this policy. Finally, in terms of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the public hearing process required pursuant to the Planning Commission's Rules and County Council's meetings on this application. Notices of this application will be sent by the applicant to surrounding property owners of the submittal of the application, and again, prior to the public hearing. Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies and guidelines of the Coastal Zone Management Policies; as outlined in Chapter 205-A-23, HRS and Planning Commission Rule No. 9 relating to Special Management Area. E. Other Permitting Requirements As noted earlier, other permits would still be required. These would be of the "ministerial" variety, such as Subdivision Approval, possible Underground Injection Control (UIC) permit, and the like. VI. ENVIRONMgNTAL CONSIDERATIONS A. General Description The subject parcel is located on the east side of the island of Hawaii, approximately 3 miles from the ocean. The parcel is fairly level with no significant on-site undulations. Its elevation ranges between 280 feet to 190 feet, above mean sea level. The lowest area of the property is located on the southeastern boundary, adjacent to the Railroad Avenue right-of-way. The mean annual rainfall in this area ranges between 125 to 175 inches. The wetter months tend to occur between March through September. The mean annual temperature is about seventy-five (75) degrees Fahrenheit, with the warmer months during the summer. Gentle easterly or trade winds occur during the day, while westerly or mountain winds are prevalent during the evenings. The subject site is a flag lot but somewhat irregular in shape. The 50 -foot wide pole of the lot fronts Slaughterhouse Road". Beyond the pole, the site gradually widens to the rear, where it abuts a road commonly referred to as "Railroad Avenue." (See Figure 3). There are a number of structures on the site, including the water bottling facility and associated structures such as the administrative office building, and warehouse. An additional warehouse is presently under construction. These structures will be retained. New structures for the brewery and related facilities are planned for the vacant 7+ acre portion of the site. The structures will include a production building, warehouse structure, laboratory and administration facilities as well as the required improvements to the access roads and parking areas. These structures will be constructed and operated in a manner consistent with terms of the Special Permit. B. Soils and TopograghY Although the site is fairly level, there is a slight slope running in an easterly direction. The US Department of Agriculture Soil Conservation Service Soil Survey Report classifies the soil to be of the Ola'a (OID) and Keaukaha (KFD) series. The Ola'a series consist of well -drained, extremely stony silty clay loams which formed in volcanic ash. Permeability is rapid, runoff is slow, and the erosion hazard is slight. Sugar cane use was typical of this soil type in this area. The Keaukaha series is also well drained and is rapidly permeable. It is characterized by thin organic soil overlying pahoehoe lava bedrock. Runoff is medium, and the erosion hazard is slight. Although not in this area, most of this soil is found in native forest. The Land Study Bureau Overall Master Productivity Rating for the subject area is essentially Class "C" or fair (C178). This soil is of the O/a'a series, where the depth of the soil is moderately deep. The texture is moderately fine, and the drainage well drained but moist. It is poorly suited for machine tillability, and this soil type is typically found in the Puna district. The State of Hawaii's Agricultural Lanas or importance io ine oiaie of Hawaii (ALISH) maps classify the area either "Unique" or "Other Important Agricultural Land." C. Natural Hazards 1. Drainage The Federal Emergency Management Agency's Flood Insurance Rate Map (FIRM) designates the project site to be located in Zone X, areas outside the 500 -year flood plain. 2. Tsunami Hazard As the site is located over 3 miles from the ocean, it is located outside of the Civil Defense's Tsunami Evacuation Zone. 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies the area as Lava Flow Hazard Zone 3, on a scale of ascending risk 9 to 1. The populated area of the City of Hilo is also in the same zone. There is very little that can be done to mitigate this situation and reflects an ongoing threat to all residents and businesses in these areas. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, certain structural requirements will be needed and taken during the building permit process to address this seismic hazard. D. Flora/Fauna Although there were no professional surveys conducted of the floral or faunal resources of the site, the applicant does not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. The site has been used for sugar cane and limited cattle grazing in the past. In the areas not associated with the former slaughterhouse, there is evidence of banana, guava, mango, lychee, avocado, orange & lime trees. There are also a large variety of flowering bushes & trees such as plumeria, root plants such as ginger (white & yellow) & dry land taro, & hibiscus. A visual inspection of the site confirmed the presence of most of these non-native species. Some of these included the African Tulip (Spathodea campanulata) gunpowder (Trema orientalis), king palm (Archontophoenix alexandre) and monkey pod (Samanea saman) banyan trees. The weedy grass included fallow sugar cane as well as the "California" grass. None of the identified plants are listed on either considered endangered on either the National or State registers. Thus, floral impacts should be minimal. The site is not known to be a habitat for any rare or endangered animal life. Given its elevation, however, it would be possible to find the Hawaiian Hawk I'o) and the Hawaiian Owl (Pueo). Further, the disturbed and quasi -urban nature of the surrounding areas would make it less likely to find endangered animal life in the area_ E. Historic/Cultural/Archaeological Resources As the site has already been disturbed, an archaeological inventory cliniA" of tha cilhiect site was not gerformed._A letter requesting a - - --- _ "no historic properties affected" from the State and Natural Resources — Historic Preservation Appendix B. department of Lanc Division is found in Furthermore, during the course of improving the site, should any unanticipated archaeological features or sites be uncovered, work will cease and the applicant will immediately notify the Planning Department. F. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated tradition and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. The applicant neither recalls seeing any native Hawaiians using the subject or immediate surrounding area in the recent past for the gathering of plants nor learning of any information to that effect from area residents. In the unlikely event that legitimate gathering claims are made by native Hawaiians, the applicant intends to respect and honor such claims and provide the needed access within the site. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. G. Water and Coastal Resources The subject site is located well over 3 miles from the coastline. As such, coastal impacts resulting from discharge of wastewater systems from the site should not be significant. Further, being a non -coastal property, no coastal access will be affected. Wastewater from the project will be serviced by an enhanced septic system meeting with the approval of the State Department of Health. The system will be enhanced to minimize potential adverse impact of the existing potable well on the site. H. Noise Air Quality, and Dust The "Slaughterhouse" Road will serve as the main access to this project. The existing ambient traffic level in this area is quite low. As such, the corresponding noise level is quite low. With the completion of this project, the noise level is not anticipated to increase significantly. There may, however, be short-term noise impacts associated with the construction of the on-site infrastructure (such as drainage, water and road systems) for the proposed brewery. Contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Health. The proposed development should not generate any direct air uali impacts. The facility will be designed and constructed to meet with appropriate State and National air quality or emission standards. Then, too, impacts associated with vehicular traffic to and from the site should not be significant. Given the prevailing tradewinds, projected low volume of traffic, and higher EPA standards for automobile air emissions, the air quality impact should thus not be significant. As such, with the exception of construction dust in the beginning, long term dust generated by the project should be minimal. However, construction dust (like construction noise) will have to comply with the State Department of Health's regulations. I. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site. However, there were a few examples cited in the Hilo and/or Puna areas. The most notable are the views of Mauna Kea and Mauna Loa. The proposed development would not have any visual impacts on these natural landmarks. The public views of these natural landmarks occur from the roads, and these roads are located mauka of the project site. Then, too, although the property is located makai of the Volcano Highway, it is more than 1,000 feet from the Highway. Given the distance, the distance of the shoreline (3 miles) and the intervening vegetation, the public views of the ocean should not be affected. VII. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses Although the subject site and surrounding areas are zoned A -20a,. the land uses are generally rural/agricultural/quasi-industrial in nature. There are scattered residences within 500 feet of the subject site. At the same time, there are abandoned sugar cane fields, as well as industrial -related activities in the form of a papaya packing plant, a cabinet shop. Within 1,000 feet of the subject site, there is also the former Puna Sugar Mill (which generates power), a papaya treatment facility, and macadamia nut processing plant. Given the existing and zoned conditions, the proposed development would not be incongruous with the emerging rural - agricultural pattern of this area. B. Economic Impacts The requested zoning would have some measure of economic impact, as it would enhance the potential for the subject site to be more intensively utilized as a brewery. It is currently not used agriculturally, with the exception of periodic cattle grazing. Further, there will be some small short-term construction activity during the development of the project. There will also be some mid- to long—term impacts relating to the operation and maintenance of the facilities on the subject site. As such, with the added tax revenues, the project could have some positive influence on the island and area's economy. C. Agricultural Impacts As noted earlier, the site has not been intensively used for agriculture recently. It has been used more for limited cattle grazing and has been generally vacant. Admittedly, the proposed rezoning is not designed to make the lots more marketable from an agricultural use perspective. It is designed to better fulfill the objectives of the Special Permit. However, in the event the Special Permit is not utilized, the opportunity for agricultural activities still exists. As such, the rezoning and subsequent subdivision does not forfeit the potential agricultural use of the site. VIII. INFRASTRUCTURE CONSIDERATIONS A. Road Access to the project from the Highway would initially be from the Keaau-Pahoa Bypass onto a frontage road. This frontage road was formerly the Old Volcano Highway. This Highway then winds its way to Slaughterhouse Road, about one mile from the Bypass. Both the Highway and the Road have a pavement width of 20 feet within a 50 -foot wide right-of-way. The Slaughterhouse Road begins to taper near the entrance to the subject site. At that point, the pavement tapers to about 15 feet, with 5 -foot wide graveled shoulders. Since the Special Permit was issued, the existing traffic conditions have improved considerably by the construction of the Keaau — Pahoa bypass road as well as the realignment of the Old Volcano Highway, which now serves as a frontage road to this area. At this time, the bottling company ships product in and out of its plant on a daily basis. The papaya packing company (Diamond Head Papaya) located near the entrance to the subject site, also ships finished product out on a daily basis, as well as receives raw papaya from many growers in the area. Since the opening of the bottling plant and particularly since the opening of the by-pass, the applicant has not experienced any traffic problems in this area. The applicant's projected use will not cause any significant increase in the projected traffic flow utilizing the existing improved roadways. It is anticipated that the traffic flow increase will be two to three additional trucks per day over an 8 to 10 hour time frame. In addition, the applicant anticipates under 10 vehicles will ingress and egress from the facility daily. B. Water There is a 2 -inch County water line fronting the subject site. This line will be used to service both of the proposed lots. It should be noted that the proposed lot with the bottling plant would also have access to its on-site well. As such, water for the proposed subdivision and project would be available. C. Wastewater There is no County wastewater system in this area. As such, an enhanced septic system meeting with the approval of the Department of Health will be required. This will be done by the applicant in conjunction with the issuance of a building permit for the proposed brewery. D. Solid Waste Solid waste will be handled through commercial haulers who will deposit them in authorized landfill sites. E. Other Government Services As this area is already part of the Keaau urban area, it is already being serviced. No extension of government services would be required. The nearest fire and police stations are located in Keaau, less than 2 miles away. in this area, K-12 public schools are available at Keaau, less than 2 miles from the site. County parks are available in Keaau, Kurtistown, and Hilo. As such, the project should not result in the extension of any government services. Further, the required public facilities are located reasonably proximate to the subject site. F. Other Utilities All other utilities such as telephone, cable, and electrical services are available to the site. IX. IMPACT SIGNIFICANCE ANALYSIS /_N If the request were denied, the short-term use of the site would probably continue in low level agriculture or lay fallow. The ability for the applicant to construct a brewery — andprovide an alternative employment base in this area — would be less possible, as the land could not be subdivided. From a long-term productivity standpoint, then, the proposed Not subdivision would provide a heightened level of possibility in having the land used in a manner consistent with the terms of the Special Permit. B. Irreversible and Irretrievable Commitment of Resources The subject site is already disturbed. As such, the project should not result in an irreversible commitment of natural or archaeological resources. The soil on the parcel has been classified "C" or fair by the Land Study Bureau, representing fair agricultural potential. This is evidenced by the former use of the site for sugar cane, as well as the existing vegetation on the site. However, a Special Permit was issued for this site, and the requested zoning would enable the applicant to better implement the Permit. Additionally, the land is not being used agriculturally and is not classified in the more critical agricultural resource zone of "A" or "B". Thus, its subdivision and use as a brewery should not generate significant adverse impact to the area's agricultural resources. C. Mitigative Measures The applicant intends to make infrastructure improvements, if necessary, to be consistent with the subdivision process. And during the construction phase of this project, contractors will be obligated to comply with appropriate State noise and air quality standards. Should unanticipated archaeological finds be discovered in conjunction with the development of the site, work will stop (as is required by the State and County) and clearance secured before work is resumed. There is no e=xisting drainage ways on the property. Any and all required grading or grubbing work will be done in conjunction with the required permits and/or SCS Agricultural Plan. This is to assure that the development of this site does not adversely affect the drainage of surrounding areas. Finally, there will be no person or businesses to be dislocated by this project. D. Alternatives to the Proposed Proiect No Proiect Under the status quo alternative, the site will continue to remain in its fallow state or limited agricultural use. It could also remain a fire hazard, during periods of drought. The site may also not be developed in a manner envisioned by the Special Permit. In that event, the site would not provide employment opportunities to area residents. Given the present mixture of land uses and lot sizes in this area and proximity to urban areas, the site may not be utilized to its fullest rural -agricultural potential. 2. Alternative Density Under this alternative, the applicant could seek a more intensive zoning, such as FA -1a or FA -2a zoning. All of these zoning categories would arguably be consistent with the General Plan LUPAG's designation of Low Density Urban. Such an approach, however, may not be compatible with the existing rural/agricultural ambience of the area. 3. Evaluation of Alternatives The project's impacts to the area's social and physical infrastructure would not appear to be pronounced. Certain mitigative measures will be taken to address any possible Impacts associated by the development of this project. Further, the project 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 A -5a alternative. X. REGULATORY ANALYSIS A. General Plan LUPAG Mat) 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 County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the most of the site Low Density Urban. This designation is designed to accommodate land uses that are "(S)ingle family residential in character, ancillary community and public uses, and convenience type commercial uses." The proposed revision to General Plan does not recommend any change to this area. Based on the requested Agriculture (A -5a) designation, the project would be consistent with the General Plan LUPAG designation, and no amendments would be required. Such a designation would not frustrate the long-term low density goal envisioned on the General Plan. B. General Plan Polices The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. For one, it will provide limited short-term and considerable long- term economic opportunities. In the short-term, there will be construction work. More importantly, however, longer-term opportunities would be created largely in the form of the proposed brewery. In so doing, the resultant project should add revenues to the County and State coffers. The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of wind patterns. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) areas of environmental concerns - air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not be violative of any of those objectives. Aside from vehicular transmission, air pollution associated with the project should be negligible. All wastewater systems would be consistent with the requirement of the State Department of Health. An enhanced system is needed to mitigate potential impacts to the existing well on the site. Given the concern and the DOH's requirement, any potential groundwater or coastal water impacts should be minimized. If required, a solid waste management plan could be prepared and implemented. The project will also not be a noisy one, except as may be associated with comparable agricultural operations. Any noise -generating facility would be carefully placed to minimize their noise impacts to adjoining properties. The agricultural noise standard will be maintained. The project area is outside of any floodway. Nonetheless, a drainage system will be designed in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. The site does not have any known archaeological sites. The site has been fully improved in the past. However, if there are any inadvertent finds, work will cease and resume only after proper clearances from the State and/or County have been received. Being partially disturbed and within a quasi rural/urban area, the prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. As the A -5a zoning would allow a residence, the project will indirectly fulfill the objectives of the housing element by creating an additional lot. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project has been used in a manner where it blends with the existing terrain. As the project site is more than 3 miles from the ocean, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Then, too, through the use of septic system or other acceptable form of wastewater system, impacts to the coastal water will be minimized. There will be little impact to public facilities. The wastewater system will be private. The water system will be developed in a manner meeting with the requirements of the Department of Water Supply. Road improvements within the site will be constructed by the applicant. Schools and other public facilities are also located proximate to the site, most of them being less than 5 miles away. In terms of the Land Use, Economic, and Agricultural elements, the pertinent goals, policies, and standards of the General Plan note the following: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County • Protect and encourage the intensive utilization of the County's limited prime agricultural land • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need • The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required • Rural -style residential -agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Agricultural land shall be used as one form of open space or green belt. • Economic development and improvement shall be in balance with the physical and social environments of the Island of Hawaii. • The County of Hawaii shall strive for diversity and stability in its economic system. • The County shall provide an economic environment, which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. • The County of Hawaii shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. • Industrial activities may be located close to raw materials or key resources. In view of the foregoing goals and policies, it is noted that the requested zoning would be consistent with not only the Extensive Agriculture and Alternate Urban Area but also the Low Density of the LUPAG map. It would also be generally compatible with the surrounding area. Although zoned A -20a, there are a number of lots that are less than 5 acres in the immediate vicinity. There is also a residential subdivision less than a mile south of the subject site. Although the soil of the site is classified "C" or fair, it does have agricultural potential, as evidenced by the past and existing vegetation on the site. This lot size, while being beneficial to the applicant, would not compromise the agricultural potential of surrounding areas. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. C. Zoning and Subdivision The designated zoning of the site is A -20a. Should the A -5a zoning be approved, the requirements of the zoning and subdivision codes would be complied, including use (including the Special Permit) and related development standards. D. State Land Use Agricultural Standards As the requested lots will be more than 1 -acre, the request would not in principle violate the minimum lot size standards of the State Land Use law. All of the applicable use guidelines of said law would be adhered to. 06/09/2009 16:10 FAX Stoph n r. Yam91)11rO Mayor . i [.�377i�uifi111 ,Tuna 70 1990 &M At (34 PLANNING COMMISSION 25 Avpvn) Stmt, Rwm 109 . Nib, HAWOR 96?M4Z52 009) 961.5198 &. (909) 9614615 Mr. Marcus ,Bender, President Hawaii Brewery Developn)ont Co. Ltd. 4747 Hilauea Avenue, Suite 213 HonolUl", HT 96816 pear Mr. Bender; Special Permit No. 842 ApPlicantt Hawaii Brewery Developmebt Co. Ltd. Request: Establish Brewery, Water and Soft Drink Bottling Facility and Aelated iWprovemente may Map I{eV' 1-6-141:1!ortion of 1 & 2 The Planning Commiesioh at its duly held public hearing on May 27,, 1993, voted to approve 9peoial Permit No. 842, to establish a breWexy, water and soft drink bottling facility and related improvements on approximately 14.5 acres of land in the State band Use Agricultural District. The Planning commission also voted to nullify special Permit No. 450 which allowed the establishment of a slaughterhouse at this site. The aito includes the former Miko Meat Slaughterhouse which is located approximately 650 fact east of the Slaughterhousa Road -Volcano Highway intersection Keaau, Puna, Hawaii. Approval of this raque$t is based on the following: The granting of this special permit will promote the effeotivcness and objectives of Chapter 205, Hawaii kayised Statutes, as amended. The State band qse Law Ru Les and Regulations are intended to preserve, protect, and encourage the development of lands in the State for those uses to which they are best suited in the interest of the public health and welfare of the people of the state of Hawaii.. In the case of the Agricultural districts, the intent of the State Land Use Law Rules and Regulations is to preserve or keep lands of high agribultural potential in agricultural use, Exhibit A 06/09/2.00 10:10 FAX Mr, Marcus Bandar, President ,lune 71 1993 Page 2 The land on which the proposed use is located is unsuited for agricultural uses. Boils within the property are classified as "other important Agricultural Land" according to the ALXaH map By&tem and "D" or "poor" by the Land Study Bureau for agricultural productivity. While soils within the project site are fairly suitable for ayrioultural uses, the proposed brewery and bottling operation will, for the most part, utilize existing structures which were built in 1943. several proposod additions to the existing slauVhterhouse and warehouse complexes include the construction of a new machine and equipment building, a visitor center/service building and a water packaging building. These improvements will be located within tbn project site, which has undergone oxtonslvs improvement as part of the former slaughterhouse operations. Therefore, it iz anticipated that the proposed use will not adversely impact the agricultural land xnventaty within the county of nawaii and not be contrary to the intent and purpose of tho State Land Use Law. The request is not contrary to the Cahttal Plan. The proposed use would also complim®nt tha following goals and policies of the Economic Element of the General Plan: * Economic development and improvement shall be in balance With the physical and social environments of the island of Hawaii. 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 diversification of its economy by strengthening eXisting industries and attracting new endeavors. The approval of this request would also be consistent with the Land OSe policy of the Genexnl plan which states: Designate and allocate industrial areas in appropriate proportions and in keeping with the social,, oultural, and physical environments of the County. industrial development shall he located in areas adoquataly served by transportation, utilities, and other amenities. . . Ire * Industrial development shall maintain or improve the quality of the present environment. 1NVA 83_S'44 lWiVN NVEVIAIIVi Pldl(1;ll 7@1,1Z'37',)3N 06/09/2009 16:10 FAX Mr. Marous Bender, President 'June 7, 1993 `- Page 3 w Industrial activities may be located Qlosa to raw materials or key xeasourGeS. Ik nuffer sones shall be e8teb1i8hed between industrial and adjacent noncompatible uses of land. Although industrial in nature, approval of this request at this particular location would also allow for other expanded uses of the brewery that may be open to the public. More specifically, tours of the proposed brewery operations will be made available to the public. The beer manufacturing process, samples of beer and T-shirt sales will be made available at the proposed visitor center. The proposed use will not have any significant advorpe effects an the surrounding properties. The propoeed use will occupy, for the most part, structures formerly utilized as a slaughterhouse. The proposed use will inherently be less noxious in character than the former slaughterhouse operations, which had been in operation in axcass of as years, other existing industrial -type of ueses era located in the immediate vicinity of the project site, including a kim chew processing facility, macadamia nut drying and proceeding plant, and a papaya aoX ing plant. Given the former use of the project sits and similar industrial -type of uses within the area, it is antioipated that the proposed use will not generate any adverse impacts to surrounding properties. Rowever, to ensure the mitigation of any adverse visual or noise impacts which may be generated, appropriate landscaping and paved access and parking areas is recommended. Odor generated by the proposed use is anticipated to be neglicjible, espadially When compared to odors which May have been generated by the former slaughterhouse operation. The proposed use will not substantially alter or change the essential character of the land and the present use. As previously mentioned, the former slaughterhouse operation had been in existence in excess of 40 years. The applicant intends to utilize, for the most port, existing structures to house its brewery and bottling operations. Due to concerns expressed regarding the operation of the proposed visitor destination canter, it is recommended that the planning Department reassess the proposed visitor destination center use 3 years from the data of issuance of a certificate of occupancy for the, Visitor destination center use to ensure its Qontinued conformance with the original intent and purpose for granting of this Special Permit. i 'd M 10P, INY-d NLVIIt IVNNVN Nv[:5'Stv� I^JJIO:N JYIIN 'iJ "-'DJ Id 004 0(3/00/2003 16;11 FAX ` bmr. Marcus [sender, President l June 7, 1993 Page 4 Thu proposed use will not unreasonably burden public agencies to provide roads and straetg, Sewers, water, drainage, school improVemahts, police and fire protection. Wastewater disposal wily be accommodated within individual wastewater treatment eystem(s). The. Department of Health will enforce wastewater disposal regulations. county water is available to the subject property, which will be supplemented by an existihq well. other essential utilities and services arm or will be made available, Access from the Volcano M15hway frontage road ,to the subject propex^ty wi1S Tae via Slaughterhouse Road, a private roadway having a pavement width of approximately„20„feet within' an,approximately.45-foot xight-of-way.with,._s-foatwide gravel shoulders. From slaughterhouse Road, accesa then proceeds over''® px';vete roadway stub owned by W.H. Shipman, Tne. This roadway stub, which provides access to the Kenau Kim Chas facility and the project site, has a pavement width of approximately 0 to 10 feet within a 50 -foot right-of-way. concerns regarding.the adequacy of this roadway stub to aeeommedate the proposed use were raised by surrounding property owners at the Planning Commission$a April 15, 1993 meeting on the subject application, A subsequent meeting with these landowners, the'applioanr, and affect ageneiegr representatives resulted in the clarification of the proposed project and defining of specific mitigative measures. Discussion on accidents along the Volcano Highway frontage road found that such aeq,idents occur during nights' When visibility is low. Therefore, it is recommended that the hours of operation of the proposed brewery/bottling/ visitor center operations be limited to the hours from 7:00 a.m. to 6;3o p.m., daily. As with other requests for special Permits which are non-residential/non-agriculturaI in nature, the applicant shall improve the private roadway stub with a minimum pavement width which would allow for two-way traffic, .in a manner meeting with the approval of the Department of Public Works. since most of the concerns regarding traffic revolved around the proposed visitor dshter operations, its us® will be limited to demonstrations of the beer manufacturing process, sampling of beer, the retail sale of related memorabilia, and a seating capacity not to exceed 290 people. Unusual conditions, trends and needs have arisen since the district boundaries and regulations Were established. Agricultural activities has witnessed a decline over the years, most evidently with the closing of 11amakua Sugar Company. Randhing activities have also ;weed similar economic decline. Diversification of the island's economy has been oought as a buffer against the continual deolina or the agricultural 5 'd bu '0N lfdb d a3_yrq 1t1f1rN fd71=7S1.vi Z� �b1JZ 19E ",3j �M q/2009 10:11 FAX r` Mr. Marcus Sender, president .lune 1, 1993 Page 5 industry. The applicant wishes to utilize water .from an existing on-site w811 for its brewing and water/loft drink operations, while not agriculture in the usual sense, the proposed use will utilize an on -sites resource for economic purposes. Approval of this request is subject to the following conditions: 1. The applicant, successors or assigns shall be responsible for complying with all of the stated conaitiens of approval. z. The applicant, its saacessora or assigns shall indemnify and hold the County of Hawaii and owners of slaughterhouse Road (TMK; 1-5-141:22) harmless from and against any loss, liability, claim or demand for the property damage, personal injury and death arising out of any act or omission of the applicant, its suggassors or, assigns, officers, employees, contractors and agents under this permit or relating to or connected with the granting of r.. this permit. 3, consolidation and resubdivision of the subject properties shall be obtainod prior to Final Plan Approval. 4. Final plan Approval of the breWory and bottling facility shall be Secured from the Planning Department. Plans shall identify existinq and proposed structures, paved (concrete or asphalt -concrete) driveway and parking areas associated with the proposed use, Appropriate landscaping shall be provided for the purpose of mitigating any hoise and visual impacts which MAY be generated by the facility. 5. Construction/ renovation of the proposed brewery and bottling facility and related improvements shall be completed, and a certificate of Occupancy issued within five year& frokn the effective date of this special permit. 6. Access to the subject property shall meet with the approval of the Department of Public Works. The applicant shall provide pavement improvements within the entire length of the roadway stub (TMH; 1-6-192: 24) in a manner meeting with the approval of the oerartment of Public works, prior to the iscunnoe of a certificate of occupancy for the proposed development, 7. The vipitor destination center operations shall be limited to the houro from 7:00 a -n. to 15;30 p.m., daily. IN 1NN"d 83_Yrf 1V8F1'VN 71 ZQSI '9? 'G38 06/09/2009 16:11 FAX Mr Marcus Bender, President June' 7, x393 Page G s. The visitor destination center shall be limited to demonstrations of beer manufacturing, beer sampling and the retail sale of related memorabilia. Seating capacity of the center shall not exceed 250 people. 9. The Planning Department shall reassess the visitor destination center operations for continued conformance against the original intent and purpose for granting the Special Permit three (3) years from date of issuance 4f a certificate of occupancy for the visitor destination center. As may be requested by the Planning Director, the applicant shall provide all available information necessary for the proper assessment of the visitor canter operations, which shall include a detailed account of all complaints received by the applicant and its disposition, visitor counta, and other relevant information. Should the Director find the visitor destination center operation not within the original intent for granting the Special Permit, the matter shall be brought before the Planning Commismion fob reconsideration, 10. The appl$.oant shall comply with applicabla laws, rules and regulations of the attanted agencies, including those of the Department of Health and tha Department of Liquor control. 11.. Upon compliance with 411 conditions of approval, in conjunction with the application for a certificate of occupancy and prior to the opening of the brewery, the applicant shall submit a final status raport, in writing, to the planning Department. 12. An extension of time for the performance of conditions within the permit may be granted by tho Planning Director upon the following circumstances: 1) the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors, or assigns and that are not the result of their fault or negligence; b) granting of the time extension would not be contrary to the General Plan or Zoning Code; a) granting of the time extension would not be contrary to the original reasons for the granting of the permit; and d) the time axtension granted shall he for a period not to exceed the period originally granted for performance (i.e., A condition to be performed Within one year may be extended for up to one additional year). Further, should any of the conditions not be met or substantially complied with in a C 'd t8 -'ON INV d 83ill, 1VNrIVN Nll:Yn4V� 6^JdbG'�l GCl'�?'G39 _ 06/09/2003 16:11 FAX Mj:, Njaro $ sender, President r June 7, 1997 Page 7 timely fashion, the ntrector Ghall initiate procedures to revoke this permit. ThiS apPr6val does not, however, sanction the specific plans submitted with the appl,iPAtion ag they may be subject to change given apacific Code ana regulatory requirements of the affected agencies. Should you have any queetionsi please Peel free to contact Rodney Nakano or Daryn Arai of the planning Department at 962-a288- sincerely, 61-8288. sincerely, Donald L. Manalili, Chairman. PXannihq Cummiesion RM. jdk Lklpwdia2.PC xce Henorable Stephen K. Yamnshira, Mayor planning Director Mr, Ernest Matsumura nepertment oR Public Works Department of Water Supply County Real Property Tax Division State nand Use Commission Plan Approval section SRP 450 9 'd PR' V,, INV'd bd_y'ISS 1MM NVI:VS',vd 0:I[ �,�iCl')?',99 Mae SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 Telephone: (808) 969-1522 • Fax: (808) 969-7996 August 7, 2003 Ms. Maryanne Maigret State Historic Preservation Division — Hawaii District Department of Land & Natural Resources 74-383Kealakehe Parkway Kailua-Kona, HI 96740 Dear Ms. Maigret: Planning • Variance • Zoning Subdivision • Land Use Permits Environmental Reports Subject: Request for "No Historic Properties Affected" Determination Keaau Puna Hawaii TMK: 1-6-141: 001 As part of the permit submittal requirements, the County Planning Department is requesting either an archaeological inventory survey or a letter to your office requesting a "No Historic Properties Affected" determination. In this situation, on behalf of the affected property owner, Hawaii Brewery Development Co., Inc., I am requesting such a determination of the subject property. For your information, I am enclosing pertinent portions of a planning and environmental report prepared for the project. This report should provide you with information such as the project site, nature of the project, and general ground conditions. I trust that the information is sufficient for you to make such a determination. Alternatively, if you need more information or have questions on this matter, please feel free to contact me. Thank you very much. incerel SIDNEY M. FUKE Planning Consultant Copy — County of Hawaii Planning Department Mr. Marcus Bender, Hawaii Brewery Development Co., Inc. Exhibit B DEPARTMENT OF WATER SUPPLY ® COUNTY OF HAWAII 345 KEKUANAOA STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX (808) ��i�388$'Jp pq �� September 25, 2003 TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 03-022) APPLICANT — HAWAII BREWERY DEVELOPMENT CO., INC. REQUEST: A -20A TO A -5A AMENDMENT TO SPECIAL PERMIT NO. 842 REQUEST: TIME EXTENSION TO CONDITION 5 (CONSTRUCTION TIMETABLE) TAX MAP KEY 1-6-141:001 '.i— 7 - We have reviewed the subject application for a Change of Zone and have the following comments and conditions. The parcel is currently serviced by a 2 -inch meter for an average day demand of 3,200 gallons per day. Based on the prevailing water situation in the area, water can be made available from a 6 -inch waterline along Slaughterhouse Road with a meter connection size subject to review and approval during the construction design phase of your proposed development. However, prior to issuing a water commitment to the proposed development, the following are required: The anticipated maximum daily water usage, as recommended by a registered engineer, must be submitted. The Department reserves the right to make a final determination. In accordance with Rule 5 of the Department's Rules and Regulations, a water commitment may be issued for the proposed new project or development. The applicant will be informed of the deposit amount upon final determination of units of water from the submittal required in Item 1. Upon completion of the above requirements, an official water commitment will be effected in accordance with Rule 5 of the Department's Rules and Regulations. The commitment will be in writing with specific conditions and effective dates stated. EX !T ... Water 4ingi progrej5... Mr. Christopher J. Yuen, Planning Director Page 2 September 25, 2003 Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change depending on the water situation. In response to the time extension request for Special Permit No. 842, the Department has no objections or comments. Should there be any questions, please call Ms. Shari Komata of our Water Resources and Planning Branch at 961-8070, extension 1. V SHK:sco Sincerely yours, P.E. copy - Mr. Sidney Fuke Mr. Marcus Bender, Hawaii Brewery Development Co., Inc. SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 Aarw Telephone: (808) 969-1522 • Fax: (808) 969-7996 October 31, 2003 ?:103 Mr. Christopher Yuen, Director C t Planning Department ; COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yuen: • Planning • Variance • Zoning • Subdivision • Land Use Pennits • Environmental Reports phi 1 �S RENT V, Subject: Rezoning (REZ 03 022) and SP (SPP 842 Amendment Requests Hawaii Brewery Develoument Co., Inc. TMK: 1-6-141: 001 Thank you for providing me with a copy of agency comments to date regarding the subject matter. We note that the County Department of Public Works — Engineering Division, Department of Environmental Management, Fire Department, State Department of Land and Natural Resources, and State Land Use Commission had no substantive comment or objections to the request. The State Historic Preservation Division also concluded that "no historic properties will be affected by this undertaking." Relative to the State Department of Health's comments, please be informed that the applicant's consulting engineer will be working closely with the Health Department in addressing the treatment and disposal of brewery waste. This will be done during the plan preparation and permitting phases of this project, as the Health Department is required to approve the building permit for this project. The Department of Water Supply noted that water can be made available to the project. As such, should the subject requests be approved, the applicant intends to purchase the required water commitments within the normal 90 -day period. 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. Sincerely SIDNEY M. FUKE Planning Consultant Copy — County Department of Water Supply State Department of Health Hawaii Brewery Development Co., Inc. w/ enclosures JC EXBIT RHawamBreweryREZ03-022.1wd 11-04-03 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION HAWAII BREWERY DEVELOPMENT CO., INC. CHANGE OF ZONE APPLICATION (REZ 03-022) Upon careful review of the request, the Planning Director is recommending that a favorable recommendation for the Change of Zone request from an Agricultural 20 -acre (A -20a) to an Agricultural 5 -acre (A -5a) district for approximately 14.587 acres of land be forwarded to the County Council. This recommendation does not, however, sanction the specific plans as submitted with the application as they may be subject to change given the specific code and regulatory requirements of the affected agencies. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a change of zone from an Agricultural 20 -acre (A -20a) to an Agricultural 5 -acre (5-20a) district for approximately 14.587acres of land. The property is proposed to be subdivided into two lots. This would allow the existing water bottling facility (Hawaiian Natural Water Co.) to be located on one lot and would set aside the other lot for the development of a brewery, which was approved by Special Permit No. 842. The subdivision would facilitate the operation, and possible sale, of the water bottling facility as a separate entity from the other permitted, but undeveloped brewery and related improvements. These activities were permitted by Special Permit No. 842. 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 also be considered as they may have an impact on similar areas in the County, but ultimately, on the future development of the entire island. -1- C- Lf t/3 C6. // 203) PC The proposed change of zone request would be consistent with the Land Use and Economic elements of the General Plan. The General Plan was developed to serve as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The proposed request would complement the Land Use goals, policies and standards, which are set forth to physically plan the lands in the County in the best interest of the island's residents. The proposed request would also complement the goals and policies of the Economic element of the General Plan. LAND USE: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. The approval of this request would allow the permitted use of the water bottling facility and the proposed development of a brewery, as permitted under Special Permit No. 842, to become separate entities on separate lots. The approval of this request would allow the applicant to subdivide the 14.587 -acre parcel into two (2) 7+ acre lots. ECONOMIC: • Provide residents with opportunities to improve their quality of life. • Economic development and improvement shall be in balance with the physical and social environments of the Island of Hawaii. • The County of Hawaii shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. The approval of this request would allow the applicant the opportunity to create two separate lots. This would allow for the separation of the water bottling facility and the -2- proposed brewery and give the applicant an option of possibly selling the lot with the water bottling facility in the future. The reclassification action also conforms to the LUPAG Map, which designates the area for Low Density Urban. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action to guide the coordinated growth and development of the County. It reflects a graphic depiction of the spatial relationships among various land uses and the expressed policy statements of the document itself. The LUPAG Map establishes the basic land use pattern for areas within the County. Therefore, change of zones and requests for amendments to the LUPAG Map must be evaluated against applicable goals, policies and standards of the General Plan. The General Plan LUPAG map identifies the proposed area as Low Density Urban, which is designed to accommodate land uses that are "single family residential in character, ancillary community and public uses, and convenience type commercial uses." Although this request is not for smaller residential type uses, it is consistent with the General Plan LUPAG designation and would not frustrate the long-term low density goal envisioned in the General Plan. The proposed revision to the General Plan does not have any recommended changes to this area. In general, the majority of properties surrounding the subject property are zoned A -20a, except for Shipman Industrial Park located across Highway 11 to the west and several residential areas located to the south near Keaau town. There have been several special permits that were approved in the area, which include several processing facilities for papaya, pickled vegetables, fruit, macadamia nut, etc. The proposed area is on the fringe of an area identified as Industrial in the General Plan LUPAG map. This area was considered for industrial expansion as a variety of industrial uses have been established in the vicinity both through industrial rezonings - Helco and Puna Sugar (pending) and through the Special Permit process. The following is a list of some of these uses approved by special permit: • SPP No. 671 (Hawaii Anthurium Growers Cooperative) in August 1988, on TMK: 1-6-03:21 for a processing and a floral packing facility. -3- SPP No. 686 (HELCO) in November 1988, on TMK: 1-6-03: 93 to operate an electric power plant previously operated by Puna Sugar Company. SPP No. 707 (AMFAC Tropical Products) in June 1989, on TMK: 1-6-03:18 & 23 for a fruit packing and processing plant. SPP No. 418 (AMFAC Tropical Products) in March 1979 and expanded in June 1989, on TMK: 1-6-03: portions of 5 and 73 for fruit packing and papaya puree processing facilities. Special Permits No. 671, 707 and 418, which include processing agricultural products grown off site, are now permitted uses. SPP No. 925 (Hawaii Christian Camping Association, Inc.) in February 1996, on TMK: 1-6-03:17, for a church, school and related improvements. SPP No. 931 (Greenhouse Specialists, Inc.) in February 1996, on TMK: 1-6- 03:20, for a greenhouse and nursery supply outlet. The project site is situated within close proximity to commercial areas, employment centers and public safety services. The project site is located less than one mile from the urban retail and employment area of Keaau Town Center. Police, fire and emergency medical services are located in Keaau, approximately one mile from the subject property. Keaau is centrally located at the junction of two major highways in the Puna District, Highway 11 and the Keaau-Pahoa Highway. All utilities and services are or will be made available to the project site which are essential to accommodate the proposed development. Access to the subject property is from the Old Volcano Highway and the Slaughterhouse Road. The Old Volcano Highway and the Slaughterhouse Road has a pavement width of 20 feet within a 50 -foot wide right-of-way. As you near the property, the Slaughterhouse Road begins to taper to a pavement width of 15 -feet with 5 -foot wide gravel shoulders. Since the Special Permit was issued, the roadways have been improved in the immediate area with the Keaau-Pahoa bypass road and the realignment of the Old Volcano Highway. According to the Department of Water Supply, the parcel is currently serviced by a 2 -inch meter for an average demand of 3,200 gallons per day. Based on the prevailing water situation in the area, water can be made available from a 6 -inch waterline along Slaughterhouse Road with a meter connection subject to review and approval during the construction design -4- phase of the proposed development. There is no -municipal wastewater system in the area. According to the applicant, an enhanced septic system meeting with the requirements of the Department of Health will be required. This will be done by the applicant in conjunction with the issuance of a building permit for the proposed brewery. According to the Department of Health, the owner will be required to hire a consulting engineer to determine the proper method of treatment and disposal of brewery waste. A condition of approval will be added to reflect this requirement. Electricity and telephone are available to the site. The proposed request from an Agricultural 20 -acres (A -20a) to Agricultural 5 -acres (A -5a) zoned district will not have a significant adverse impact to traditional and customary Hawaiian Rights. The subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. The applicant neither recalls seeing any native Hawaiians using the subject or immediate surrounding area in the recent past for the gathering of plants nor learning of any information to that effect from area residents. Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of documentary records, or botanical study was included in the application. The valuable cultural, historical, and natural resources found in the project area: As commented by the State Department of Land and Natural Resources Historic Preservation Division and supported by the applicant, " there are no historic properties present because residential development/urbanization has altered the land and that they believe that no historic properties will affected by this undertaking." Possible adverse effect or impairment of valued resources: As stated by the State Department of Land and Natural Resources Historic Preservation Division, "they believe that no historic properties will be affected by this undertaking." According to the applicant, the subject site has already been disturbed and as such, the project should not result in an irreversible commitment of natural or archaeological resources. Feasible actions to protect native Hawaiian rights: As stated by the applicant, the applicant neither recalls seeing any native Hawaiians using the subject area or immediate -5- surrounding area in the recent past for the gathering of plants nor has learned of any information to that effect from area residents. In the unlikely event that legitimate gathering claims are made by native Hawaiians, the applicant. intends to respect and honor such claims and provide the needed access within the site. Based on the above findings, this request for a Change of Zone from an Agricultural (A -20a) to an Agricultural (A -5a) zoned district would result in an appropriate land use pattern and further the public convenience, necessity and general welfare. The accompanying draft bill to amend Section 25-8-22 (Puna District Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -6- s OU TY `�AI`� . � � y STATE O A � r: ;r BILL NO. (Planning Department) ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-22 (PUNA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A -20a) TO AGRICULTURAL (A -5a) AT KEAAU, PUNA, HAWAII, COVERED BY TAX MAP KEY 1-6-141:001. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-22, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Keaau, Puna, Hawai `i shall be Agricultural (A -5a): Beginning at the northwest corner of this parcel of land, the coordinates of said point of beginning. referred to .Government Survey Triangulation -Station "OLAA'.' being 12962.30 feet North and 5743.85 feet East and running by azimuths measured clockwise from True South: 1. 2700 40' 32" 644.86 feet along Lot 9677, Land Court Application 1053 as shown on Map 559; 2. 1960 25' 100.00 feet along Lot 9677, Land Court Application 1053 as shown on Map 559; 3. 2230 19' 56" 218.81 feet along Lot 9677, Land Court Application 1053 as shown on Map 559; -1- -2- r `. 4. 2360 01' 18" 286.59 feet along Lot 9677, Land Court Application 1053 as shown on Map 559; 5. Thence along Lot 3, Land Court Application 1689, along a curve to the left having a radius of 1166.28 feet the chord azimuth being: 3320 31' 32" 826.95 feet; 6. 21 ° 00' 71.36 feet along Lot 9187, Land Court Application 1053 as shown on Map -515• 7. 900 33' 1439.38 feet along Lot 9187, Land Court Application 1053 as shown on Map 515; 8. 1830 23' 49" 379.50 feet along Lots A -31-A-4 and A -31-A-3, Land Court Application 1053 as shown on Map 134 to the point of beginning and containing an area of 14.587 acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION -1 In accordance with Section -25-2-44, Hawaii County -Codes -the -County--- Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. -2- y- SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: Hawai `i Date of Introduction: Date of 1 st Reading:. Date of 2nd Reading: Effective Date: COUNCIL MEMBER, COUNTY OF HAWAII =3- CHawaiiBreweryREZ03-022Jwd 11-06-03 HAWAII BREWERY DEVELOPMENT CO., INC. CHANGE OF ZONE APPLICATION (REZ 03-022) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Final Subdivision Approval of the subject property shall be secured within five (5) years from the effective date of this ordinance. C. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within ninety days from the effective date of this ordinance. D. The method of sewage disposal shall meet with the approval of the State Department of Health. E. Should any remains of historic sites such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources - Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR- HPD when it finds that sufficient mitigative measures have been taken. F. The applicant shall comply with all other applicable laws, rules, regulations and requirements of affected agencies, including the Department of Public Works, Fire Department and the Department of Health for the development of the subject property. G. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of enactment of the ordinance. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval are being satisfied. This condition shall remain in effect until all of -1- b. J the conditions. of approval have been satisfied and the Planning Director, acknowledges that further reports are not required. H. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment .of impact fees, _conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. I. An initial extension of time for the performance of conditions, within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of.conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns; and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). J. Should any of the'conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. -2- A- Oa ° Oa *N a A -20a FA - la A -20a Oa A -20a V. tKeaau ass wy.'MCX-20 A-2Oa op AGRICULTURAL (A -20a) TO AGRICULTURAL (A -5a) 14.587 ACRES A-5 a A -20a MG- I Oa A -20a tn A 20a A -20a 00 Ln��;� ' �o ?A A -20a A -3a I Oa Q 12,962.30 N �� - 5,743.85 � G-20 °'.yam A -20a A -20a Oa A -20a V. tKeaau ass wy.'MCX-20 A-2Oa op AGRICULTURAL (A -20a) TO AGRICULTURAL (A -5a) 14.587 ACRES A-5 a A -20a MG- I Oa AMENDING SECTION 25-8-22 (PUNA DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A -20a) TO AGRICULTURAL (A -5a) AT KEAAU, PUNA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF i-1AvVAii TMK: 1-6-141:001 EXHIBIT ®°A°• Date: November 10, 2003 (Hawaii Brewery Development Co., Inc: 11 14) Ln��;� A -20a A -3a I Oa Q A -20a �� - � sip A -20a A -20a Y 'y 725 362.5 0 725 1,450 2,175 2,900 3,625 Feet AiviEN'DMEN'T TO THE ZONING CODE AMENDING SECTION 25-8-22 (PUNA DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A -20a) TO AGRICULTURAL (A -5a) AT KEAAU, PUNA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF i-1AvVAii TMK: 1-6-141:001 EXHIBIT ®°A°• Date: November 10, 2003 (Hawaii Brewery Development Co., Inc: 11 14)