HomeMy WebLinkAboutCOM 0003.000 2006-2008 N1`I_or M1
Harry Kim Dixie Kaetsu
Mnyor Mnnnging Director
r
Barbara Kossow
+r a'Nr.'M Deputy Mnnaguig Director
County of Hawaii
25 Aupuni Street, Room 215. Hilo, Hawaii 96720-0252 (808) 9615211 Fax (808) 9616553
KONA: 75-5706 Kuakini Highway, Suite I03 • Kailua-Kona, Hawaii 96740
(808) 329-5226 Fax (808) 326-5663
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November 13, 2006 O o
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Honorable Stacy Higa, Chairman
and Members of the County Council t
County of Hawaii _
25 Aupuni Street w
Hilo, HI 96720
Dear Chairman Higa and Members:
~hange of Zone Application (REZ 06-000046)
Applicant: C&R Development, LLC
Request: ML-la to MCX-la
Tax Map Key: 7-3-51:96
Change of Zone Application (REZ 06-000048)
Applicant: Winton Nicholson
Request: A-20a to A-l0a
Tax Map Kev: 7-3-27:14
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.
Sin
Harry Kim
Mayor
Enclosures
cc: Planning Department Comm. -
\ Ref. To:
~L ~ / Ref. Uate NOVNOV 2
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County of Hawaii
PLANNING COMMISSION
Aupuni Center • ]Ol Pauahi Stree[, Suite 3 • Hilo, Hawaii 96720
Phone (808) 961-8288 Fax (808) 961-8742
November 13, 200b
Stacy Higa, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Higa and Council Members:
Change of Zone Application (REZ 06-000046)
Applicant: C&R Development, LLC
-Request: ML-la to MCX-la
Tax Man Key: 7-3-51:96
The Planning Commission, after a duly held public hearing on October 27, 2006, voted to
recommend for your approval the proposed legislative bill to change the district classification
from Limited Industrial - 1 acre (ML-la) to an Industrial Commercial Mixed 1-acre (MCX-la)
district for approximately 1.277 acres of land. The property is located along the south (mauka)
comer of Kamanu Street and Maiau Street in the Kaloko Industrial Subdivision, Kaloko, North
Kona, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the change of zone:
The applicant is requesting a change of zone from Limited Industrial - 1 acre
(ML-la) to Industrial-Commercial Mixed 1-acre (MCX-la) for approximately 1.277
acres (46,246 square feet) to allow a variety of office and medical uses within two 2-story
structures, each consisting of approximately 6,750 square feet. The current ML zoning
would not allow the proposed medical uses, while the proposed MCX zoning would
allow medical clinics to be established on the site. Two 2-story, approximately 6,570-
square foot commercial structures are currently under construction to accommodate the
proposed uses. The height of the structures will be less than 30 feet. Sixty-nine (69)
parking stalls, including three (3) handicapped-accessible stalls are also proposed as
required under Final Plan Approval. Landscaping will be provided around the perimeter
Hawai `i County is an Equal Opportunity Provider and Employer
Stacy Higa, Chairman
and Members of the County Council
Page 2
of the property. The project also includes a 3-4 foot-wide planting screen along the
northern, eastern and western boundaries. Preliminary discussions are underway to
establish a kidney dialysis facility in one of the buildings, as well as other supportive
medical uses. At this time, the applicant intends to complete the "shell" of the buildings.
Should this request be approved, interior improvements will be made to accommodate
the tenants. The project is scheduled for completion in eight months at a cost of
approximately $2.63 million, excluding interior/tenant improvements.
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standazds of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must be also considered as they may have an impact on similaz azeas in the
County.
The change of zone request will conform to, among others, the Land Use and
Economic elements of the General Plan. This proposed development is consistent with
the Land Use and Economic elements of the General Plan in that the proposed
development will provide additional and expanded employment opportunities for the
residents of the area as well as the entire island. The employment opportunities from the
proposed development as a result of this zoning request will generate both short-term
(constmction) and long-term (operational) employment. The proposed project would
provide opportunities to increase the activity of secondary industries, thereby increasing
job opportunities for the island's residents.
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan is a representation of the document's goals and policies to guide the coordinated
growth and development of the County. It reflects a graphic depiction of the physical
relationship among the various land uses. The LUPAG Map establishes the basic urban
and non-urban form for areas within the County. The project area is designated
Industrial. The Industrial designation allows for uses such as manufacturing and
processing, wholesaling, lazge storage and transportation facilities and light industrial
uses. The proposed change of zone will be consistent with the General Plan land use
pattern for this area of Kona and the applicable goals, policies and standards of the
General Plan.
The project will allow a mix of uses in an area already established with industrial
uses. Thus, this request conforms to the Goals, Policies, and Courses of Action of the
Stacy Higa, Chairman
and Members of the County Council
Page 3
Land Use -Industrial Element which state:
• Industrial development should be in harmony with surrounding uses and the
environment.
• Industrial-Commercial mixed use districts shall be provided in appropriate
locations.
• Industrial development should be in harmony with surrounding uses and the
environment.
• Industrial development shall be located in areas adequately served by
transportation, utilities, and other essential infrastructure.
Essential services and infrastructure, which include electricity, sewer, water, and
roads, are or can be made available to the area. Thus, the granting of this change of zone
would not unreasonably burden public agencies to provide roads and streets, sewer,
water, drainage improvements and police and fire protection to accommodate the
development of this project.
The request for a change of zone will not result in a substantial adverse impact
upon the surrounding azea, community or region. Properties in the Kaloko Industrial Park
are zoned ML-la, and includes various industrial and retail uses, including Costco,
located directly makai of the project site. The property mauka of the project site (Kalako
Industrial Pazk Phases III and IV) is zoned MCX-la. A favorable recommendation of this
change of zone request will be consistent with the land use pattern being established
within this portion of North Kona.
The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM)
designates the property as Zone "X", an area determined to be outside of the 500-year
flood plain. The property is located at approximately the 170-foot elevation. Soils within
the property and surrounding area are unclassified for agricultural productivity by the
Land Study Bureau. Access to the site is proposed from Maiau Street via aone-way in,
one-way out system. The Department of Public Works requires the applicant to provide a
10-foot wide future road widening setback easement along the entire Kamanu Street
frontage and dedicate it to the Count upon request at no cost to the County, for future
widening of Kamanu Street.
The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to
Coastal Zone Management Area. The project site is located mauka of the Queen
Stacy Higa, Chairman
and Members of the County Council
Page 4
Kaahumanu Highway approximately two miles from the shoreline and is not in the
Special Management Area. Thus, the site will not be affected by coastal hazard and
beach erosion. There are no identified recreational resources, public access to the
shoreline or mountain azeas, scenic and open space preserves, coastal ecosystems, marine
resources or other natural and environmental resources on the project site. No
professional archaeological surveys were conducted for this application, as the site has
been cleazed. The applicant has stated that should any unanticipated archaeological
features or sites be uncovered during the course of the project, work will cease and the
applicant will notify the Planning Department. In a letter dated September 15, 2006, the
State Depaztment of Land and Natural Resources Historic Preservation Division has
stated that "no historic properties will be affected by this undertaking because 1)
residential developmentlurbanization has altered the land; 2) previous grubbing/grading
has altered the land; 3) this project azea has previously been grubbed and graded, and is
located within an established industrial park (Doc. No. 0608JT17)."
As the project site is located in an urban azea and cleared of any vegetation, no
professional surveys were conducted of the site. The applicant believes that no raze,
threatened or endangered species occur on the site. There is no evidence of any
traditional and customazy Native Hawaiian rights being practiced on the site, nor
existence of any valued cultural, historical or native resources in the azea. Thus, it is not
anticipated that the proposed request will have any adverse impact on cultural or
historical resources in the azea.
All essential utilities aze available to the site. County water is available to the site.
Solid waste will be disposed of at the County's Puuanahulu landfill. Electricity and
telephone services aze available to the site. The Kealakehe Police Station is located
approximately two miles from the project site, and fire protection is provided by the
Kailua-Kona Fire Station located less than five miles from the property. The Kona
Medical Center is located in Kealakekua, approximately ten miles from the site.
Based on the above findings, approval of this change of zone request from
Limited-Industrial 1-acre (ML-la) to anIndustrial-Commercial Mixed 1-acre (MCX-la)
zoned district would result in an appropriate land use pattern that will further benefit the
general public.
For your favorable consideration, an amendment to Section 25-8-3 (North Kona Zone Map), of
the County Zoning Code is transmitted.
Stacy Higa, Chairman
and Members of the County Council
Page 5
We aze enclosing copies of the staff Background and Planning Director's Recommendation for
your information.
Sincerely,
_
C. lameda, Chairman
Planning Commission
Lc&rdevelopment02PC
Enclosures
cc: Mr. Sidney Fuke
C&R Development, LLC
Department of Public Works
Depaztment of Water Supply
Planning Depaztment -Kona
Depaztment of Land & Natural Resources-HPD/Kona
Rodney Hazaga, Director/DOT-Highways, Honolulu
Lincoln Ashida, Esq., Corporation Counsel
acaxxEZ.ao~-toizios
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
C&R DEVELOPMENT, LLC
CHANGE OF ZONE APPLICATION (REZ 06-000046)
Upon cazeful review of the request, the Planning Director is recommending that a
favorable recommendation for a change of zone be forwarded to the County
Council. Since this recommendation is made without the benefit of public testimony, the
Director reserves the right to modify and/or alter this position based on 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 Limited Industrial - 1
acre (MI,-la) to Industrial-Commercial Mixed 1-acre (MCX-la) for
approximately 1.277 acres (46,246 square feet) to allow a variety of office and
medical uses within two 2-story structures, each consisting of approximately
6,750 square feet. The current ML zoning would not allow the proposed medical
uses, while the proposed MCX zoning would allow medical clinics to be
established on the site. Two 2-story, approximately 6,570-square foot
commercial structures are currently under construction to accommodate the
proposed uses. The height of the structures will be less than 30 feet. Sixty-nine
(69) parking stalls, including three (3)handicapped-accessible stalls are also
proposed as required under Final Plan Approval. Landscaping will be provided
around the perimeter of the property. The project also includes a 3-4 foot-wide
planting screen along the northern, eastern and western boundaries. Preliminary
discussions are underway to establish a kidney dialysis facility in one of the
buildings, as well as other supportive medical uses. At this time, the applicant
intends to complete the "shell" of the buildings. Should this request be approved,
interior improvements will be made to accommodate the tenants. The project is
scheduled for completion in eight moirths at a cost of approximately $2.63
million, excluding interior/tenant improvements.
Attach: Come. 3
Bill 1
In order to consider an area for any type of zoning designation, the
applicable goals, policies and standazds of the General Plan must be adequately
addressed. It is only through such a comprehensive policy analysis approach that
evaluations and decisions can be made to better time and stage developments to
achieve growth determined by the General Plan and related planning documents.
The implications of these evaluations and decisions must be also considered as
they may have an impact on similar azeas in the County.
The change of zone request will conform to, among others, the Land
Use and Economic elements of the General Plan. This proposed development
is consistent with the Land Use and Economic elements of the General Plan in
that the proposed development will provide additional and expanded employment
opportunities for the residents of the area as well as the entire island. The
employment opportunities from the proposed development as a result of this
zoning request will generate both short-term (construction) and long-term
(operational) employment. The proposed project would provide opportunities to
increase the activity of secondary industries, thereby increasing job opportunities
for the island's residents.
The Land Use Pattern Allocation Guide (LUPAG) Map component of the
General Plan is a representation of the document's goals and policies to guide the
coordinated growth and development of the County. It reflects a graphic
depiction of the physical relationship among the various land uses. The LUPAG
Map establishes the basic urban and non-urban form for areas within the County.
The project area is designated Industrial. The Industrial designation allows for
uses such as manufacturing and processing, wholesaling, lazge storage and
transportation facilities and light industrial uses. The proposed change of zone
will be consistent with the General Plan land use pattern for this area of Kona and
the applicable goals, policies and standards of the General Plan.
The project will allow a mix of uses in an area already established with
industrial uses. Thus, this request conforms to the Goals, Policies, and Courses of
Action of the Land Use -Industrial Element which state:
-2-
• Industrial development should be in harmony with surrounding uses and
the environment.
Industrial-Commercial mixed use districts shall be provided in appropriate
locations.
• Industrial development should be in harmony with surrounding uses and
the environment.
• Industrial development shall be located in areas adequately served by
transportation, utilities, and other essential infrastructure.
Essential services and infrastructwe, which include electricity, sewer,
water, and roads, are or can be made available to the azea. Thus, the granting of
this change of zone would not unreasonably burden public agencies to provide
roads and streets, sewer, water, drainage improvements and police and fire
protection to accommodate the development of this project.
The request for a change of zone will not result in a substantial
adverse impact upon the surrounding area, community or region. Properties
in the Kaloko Industrial Pazk are zoned ML-la, and includes various industrial
and retail uses, including Costco, located directly makai of the project site. The
property mauka of the project site (Kalako Industrial Park Phases III and IV} is
zoned MCX-la. A favorable recommendation of this change of zone request will
be consistent with the land use pattern being established within this portion of
North Kona.
The Federal Emergency Management Agency Flood Insurance hate Map
(FIRM) designates the property as Zone "X", an area determined to be outside of
the 500-year flood plain. The property is located at approximately the 170-foot
elevation. Soils within the property and surrounding area are unclassified for
agricultural productivity by the Land Study Bureau. Access to the site is
proposed from Maiau Street via aone-way in, one-way out system. The
Department of Public Works requires the applicant to provide a 10-foot wide
firtwe road widening setback easement along the entire Kamanu Street frontage
-3-
and dedicate it to the Count upon request at no cost to the County, for future
widening of Kamanu Street.
The request is not contrary to Chapter 205A, Hawaii Revised Statues,
relating to Coastal Zone Management Area. The project site is located mauka
of the Queen Kaahumanu Highway approximately two miles from the shoreline
and is not in the Special Management Area. Thus, the site will not be affected by
coastal hazard and beach erosion. There are no identified recreational resources,
public access to the shoreline or mountain areas, scenic and open space preserves,
coastal ecosystems, marine resources or other natural and environmental
resources on the project site. No professional archaeological surveys were
conducted for this application, as the site has been cleared. The applicant has
stated that should any unanticipated archaeological features or sites be uncovered
during the course of the project, work will cease and the applicant will notify the
Planning Department. In a letter dated September 15, 2006, the State Department
of Land and Natwal Resources Historic Preservation Division has stated that "no
historic properties will be affected by this undertaking because 1) residential
development/urbanization has altered the land; 2) previous grubbing/grading has
altered the land; 3) this project area has previously been grubbed and graded, and
is located within an established industrial park (Doc. No. 0608JT17)."
As the project site is located in an urban area and cleared of any
vegetation, no professional surveys were conducted of the site. The applicant
believes that no rare, threatened or endangered species occur on the site. There is
no evidence of any traditional and customary Native Hawaiian rights being
practiced on the site, nor existence of any valued cultural, historical or native
resources in the area. Thus, it is not anticipated that the proposed request will
have any adverse impact on cultural or historical resources in the area.
All essential utilities are available to the site. County water is available
to the site. Solid waste will be disposed of at the County's Puuanahulu landfill.
Electricity and telephone services are available to the site. The Kealakehe Police
Station is located approximately two miles from the project site, and fire
protection is provided by the Kailua-Kona Fire Station located less than five miles
-a-
from the property. The Kona Medical Center is located in Kealakekua,
approximately ten miles from the site.
Based on the above findings, approval of this change of zone request from
Limited-Industrial 1-acre (ML-la) to an Industrial-Commercial Mixed 1-acre
(MCX-la) zoned district would result in an appropriate land use pattern that will
further benefit the general public.
The accompanying draft bill to amend Section 25-8-3 (North Kona Zone
Map) is provided for your favorable consideration. Please note the proposed
conditions of approval attached to the draft bill.
-5-
CC&RREZ.doc-10/2/06
C&R DEVELOPMENT, LLC
CHANGE OF ZONE APPLICATION (REZ 06-000046)
CONDTI'IONS OF APPROVAL
A. The applicant, successors or assigns shall be responsible for complying with all of
the stated conditions of approval.
B. The required water wmmitment payment shall be submitted to the Department of
Water Supply in accordance with its "Water Commitment Guidelines Policy"
within 180 days from the effective date of this ordinance.
C. Construction of the proposed development shall be completed within five (5)
yeazs from the effective date of this ordinance.
D. All driveway connections to Maiau Street shall conform to Chapter 22, County
Streets, of the Hawaii County Code.
E. A 10-foot wide future road-widening setback shall be provided along the entire
Kamanu Street frontage and be dedicated to the County.
F. All development generated run-off shall be disposed of on-site and shall not be
directed toward any adjacent properties. If required, a drainage study shall be
prepared and submitted to the Department of Public Works prior to the issuance
of Final Plan Approval. Any drainage improvements, if required, shall be
constructed, meeting with the approval of the Department of Public Works prior
to the issuance of a Certificate of Occupancy.
G. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to the issuance of a
Certificate of Occupancy.
H. Should any remains of historic sites such as rock walls, terraces, platforms,
mazine shell concentrations or human burials be encountered, work in the
immediate azea 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 after sufficient mitigation measures have been taken.
-1-
I. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
J. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
K. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
I . 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.
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).
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-
Nir os p
~'`y
COUNTY OF HAWAII STATE OF HAWAII
•••h~Oi~M~~
BILL NO.
ORDINANCE NO. (pL,ANNING DEPT)
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM LIMITED
INDUSTRIAL- 1 ACRE (ML-la) TO INDUSTRIALCOMMERCIAL MIXED 1-ACRE
(MCX-la) AT KALOKO, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY
7-3-51:96.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: -
SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii County
Code 1983 (2005 Edition), is amended to change the district classification of property described
hereinafter as follows:
The district classification of the following azea situated at Kaloko, North Kona,
Hawaii, shall be Industrial-Commercial Mixed 1-acre (MCX-la):
Beginning at the southwest comer of this parcel of land, being the northwest
comer of Lot C-36 on the east side of Kamanu Street, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "MOAN[ TIAHEA"being
19,019.69 feet south and 21,468.97 feet west and running by azimuths measured
clockwise from true South:
1. 168° 52' 24" 320.01 feet along the east side ofKamanu Street to
a point;
Thence, along Road Lot C-41, along a curve to the right having a radius of 30.00
feet, the chord azimuth and distance being:
2. 213° 52' 24" 42.43 feet to a point;
3. 258° 52' 24" 102.68 feet along Road Lot C-41 to a point;
4. 348° 52' 24" 350.01 feet along Lot F to a point;
-1-
5. 78° 52' 24" 132.68 feet along Lot C-36 to the point of beginning
and containing an area of 46,246 square feet,
more or less.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005
Edition), the County Counci] finds the following conditions are:
(1) Necessary to prevent circumstances which maybe 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.
SEE ATTACHED CONDITIONS
SECTION 3. In the event that any portion of this ordinance is declazed invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
-2-
w LIMITED INDUSTRIAL-1 ACRE (ML-1a) M6-fa
OPEN TOINDUSTRIAL-COMMERCIAL
z MCX-fa MIXED-1 ACRE MCX-1a
~ 46,246 SQ- Ff.
19,019.69 S
3 21,468.97 W
MCX-fa '7NOANUTAHEA
M -1a ~-fa MCX-fa
-fa
MCX-20
ML-1a
MCX-fa
ML-fa
= MCX-1
r ML-ia
ML-1a
ML-fa
OPEN ~ 1 ML-1a
MCX-20
/Y--
OPEN
OPEN
WEENNP~~
OPEN OPEN
OPEN OPEN
590 295 0 590 1180 1770 2360 2950
Feet
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NOf2TH KONA ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE
1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION
FROM LIMITED INDUSTRIAL-1 ACRE (ML-1 a)
TO INDUSTRIAL-COMMERCIAL MIXED-1 ACRE (MCX-1 a)
AT KALOKO, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
K: 73051:096 Date: August 7, 200
EXHIBIT "A" (C8R Development, lLC:1207)
BC&RREZ.doc-10!2706
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
C & R DEVELOPMENT, LLC
CHANGE OF ZONE APPLICATION (REZ 06-0000461
C & R DEVELOPMENT, LLC has submitted an application for a Change of Zone from
Limited Industrial - 1 acre (MI,-la) to Industrial-Commercial Mixed 1-acre (MCX-la) for
approximately 1.277 acres (46,246 square feet) to allow a variety of office and medical uses. The
property is located along the south (mauka) comer of Kamanu Street and Maiau Street in the
Kaloko Industrial Subdivision, Kaloko, North Kona, Hawaii, TMK: 7-3-51: 96.
PROPOSED DEVELOPMENT
1. Request: Change of zone from ML-la to MCX-la for approximately 1.277 acres
(46,246 square feet) to allow a variety of office and medical uses within two 2-story
structures, each consisting of approximately 6,750 square feet. The current ML zoning
does not allow the proposed medical uses, while the proposed MCX zoning would allow
medical clinics to be established on the site. Two 2-story, approximately 6,570-square
foot commercial structures are currently under construction to accommodate the proposed
uses. The height of the structures will be less than 30 feet. Sixty-rune (69) parking stalls,
including three (3) handicapped-accessible stalls are also proposed as required under Final
Plan Approval. Landscaping will be provided around the perimeter of the property. The
project also includes a 3-4 foot-wide planting screen along the northern, eastern and
western boundaries. Preliminary discussions are underway to establish a kidney dialysis
facility in one of the buildings, as well as other supportive medical uses. At this time, the
applicant intends to complete the "shell" of the buildings. Should this request be
approved, interior improvements will be made to accommodate the tenants. (Exhibit 1-
Change of Zone application)
2. Project Timetable: Approximately 8 months to complete construction.
3. Cost of Construction: $2.63 million, excluding interior/tenant improvements.
-1-
BACKGROUND
4. October 26, 1983: Effective date of Ordinance No. 83 38, which rezoned 126.828-acres
from an Open (O) to a Limited Industrial - 1 acre (MI,-1a) zoned district for the Kaloko
Industrial Pazk - Phases I and II consisting of 85 parcels.
5. September 16,1999: Effective date of Final Subdivision Approval for the Kaloko
Industrial Park Phase II project.
6. December 9, 2005: Effective date of Final Flan Approval for industrial buildings on the
property.
STATE AND COUNTY PLANS
7. State Land Use Designation: Urban.
8. LUPAG Map: Industrial.
9. County Zoning: ML-la.
10. Proposed MCX Zoning: The purpose of the MCX (industrial-commercial mixed use)
district is to allow mixing of some industrial uses with commercial uses. The intent of this
district is to provide for areas of diversified businesses and employment opportunities by
permitting a broad range of uses, without exposing non-industrial uses to unsafe and
unhealthy environments. This district is intended to promote and maintain a viable mix of
light industrial and commercial uses.
• Height limit - 45 feet.
• Minimum yards -front yards 20 feet, side and reaz yazds, none, except where the
adjoining building site is in a RS, RD, RM or RCX zoned district. Where the side
or rear property line adjoins the side or reaz yard of a building site in a RS, RD,
RM or RCX zoned district, side or rear yard must conform to the side or rear yard
requirements for dwelling use of the adjoining district.
11. Kona Regional Plan: The Kona Regional Plan adopted by the Planning Commission by
Resolution No. 184 in April 1983 identifies the project area for Industrial uses.
12. Keahole to Kailua (K to K) Development Plan: The K to K Development Plan
adopted by County Council resolution on Apri13, 1991 identifies the area for Limited
Industrial uses.
-z-
13. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies
within the Coastal Zone Management area.
14. Special Management Area: The project site is located mauka of the Queen Kaahumanu
Highway and is not in the County's Special Management Area (SMA). The SMA is a part
of the Coastal Zone Management Program regulated by the County.
DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA
15. Subject Property: The project site is an approximately 46,246-square foot parcel located
on the southeast corner of Kamanu Street and Maiau Street. The property is part of the
Kaloko Industrial Park Phase II located approximately halfway between the Kona
International Airport at Keahole and Kaitua-Kona. Retaining walls are constructed along
the perimeter boundaries of the property. As the property was recently cleared for the
development of an office complex, it is presently devoid of natural vegetation.
16. Surrounding Zoning and Land Uses: Properties in the Kaloko Industrial Park are
zoned ML-la, and includes various industrial and retail uses, including Costco, located
directly makai of the project site. The property mauka of the project site (Kalako
Industrial Park Phases III and IV) is zoned MCX-la.
17. U.S.D.A. Soil Type: A'a (rL~ and Pahoehoe (rLVI~. These lava flows typically have no
soil covering and are bare of vegetation except for mosses, lichens, ferns and a few small
ohia trees.
18. ALISH: Unclassified.
19. Land Study Bureau's Productivity Rating: Unclassified.
20. FIRM: Zone "X", an-azea outside of the 500-yeaz flood plain.
21. Coastal Hazards: The property is located approximately two miles from the shoreline, is
not an oceanfront parcel, and will not affect, or be affected by shoreline processes.
22. Air Quality: According to the applicant, the proposed developmem should not generate
any direct air quality impacts. Fugitive dust during construction can be mitigated by
compliance with the regulations of the Department of Health.
23. Scenic Resources: The project will not affect the line-of--sight towards the ocean or the
mountains. The height of the proposed structures is less than 30 feet; the maximum height
-3-
limit in the MCX district is 45 feet.
24. Flora/Fauna: As the project site is located in an urban area and cleared of any
vegetation, no professional surveys were conducted of the site. The applicant believes,
that no rare, threatened or endangered species occur on the site.
25. ArchaeologicaUHistorical Resources: No professional surveys were conducted for this
request, as the site has been cleared. The applicant has stated that should any
unanticipated archaeological features or sites be uncovered during the course of the
project, work will cease and the applicant will notify the Planning Department. In a letter
dated September 15, 2006, the State Department of Land and Natural Resources Historic
Preservation Division has stated that "no historic properties will be affected by this
undertaking because 1) residential development/urbanization has altered the land; 2)
previous grubbing/grading has altered the land; 3) this project area has previously been
grubbed and graded, and is located within an established industrial park (Doc. No.
0608JT17)"
26. Cultural or Native Gathering Rights: There is no evidence of any traditional and
customary Native Hawarian rights being practiced on the site, nor existence of any valued
cultural, historical or native resources in the area.
27. Traffic: The applicant states that "although the project will introduce vehicular traffic to
the area, it is not anticipated to comribute any more than what the site was originally
designed and developed for under the existing ML zone."
28. Public Access: There is no record of a public access to the mountains or shoreline areas
that traverses the site. -
PUBLIC UTILITIES AND SERVICES
29. Access: Access to the project site will be from Malau Street via cone-way in, one-way
out system. The Department of Public Works requires the applicant to provide a 10-foot
wide future road widening setback easement along the entire Kamanu Street frontage and
dedicate it to the Count upon request at no cost to the County, for future widening of
Kamanu Street.
30. Water: County water is available to the site.
-4-
31. Wastewater: According to the applicant, the State Department of Health has approved
two septic systems for this project, one for each structure.
32. Solid Waste: Solid waste will be disposed of at the County's Puuanahulu landfill.
33. Essential Utilities and Services: Electricity and telephone services are available to the
site. The Kealakehe Police Station is located approximately two miles from the project
site, and fire protection is provided by the Kailua-Kona Fire Station located less than 5
miles from the property. The Kona Medical Center is located in Kealakekua,
approximately ten miles from the site.
AGENCIES' AND ORGANIZATIONS' COMMENTS
34. Department of Public Works: Exhibit 2 -August 28, 2006 memo
35. Police Department: Exhibit 3 -August 15, 2006 memo
36. Fire Department: Exhibit 4 -August 22, 2006 memo
37. Department of Water Supply: Exhibit 5 -September 6, 2006 memo
38. Department of Environmental Management: Exhibit 6 -August 14, 2006 memo
39. Civil Defense Agency: Exhibit 7 -September 11, 2006 memo
40. Department of Land and Natural Resources 13'istoric Preservation Division: Exhibit 8 -
5eptember 15, 20061etter
41. Department of Health: Exhibit 9 -September 8, 2006 memo
AGENCIES - NO RESPONSE
42. Department of Land and Natural Resources Land Division, Department of Transportation,
Kona Traffic Safety Committee
APPLICANT'S RESPONSE TO AGENCIES' COMMENTS
43. Exhibit 10 -August 26, 2006, September 1, 2006 and September 18, 20061etters
PUBLIC COMMENTS
44. None as of this writing.
-5-
,JUG L.tt
t'~ ~ _ _
~='1.. . i ' !
APPLICATION
FOR
COUNTY REZONING
(ML-la to MCX-la)
C & R DEVELOPMENT, LLC
KALOKO INDUSTRIAL SUBDIVISION
KALOKO, NORTH KONA, HAWAT I
TAX MAP KEY: (3) 7-3-051; 096
Prepared For:
C & R Development, LLC
Prepared By:
Sidney M. Fuke, Planning Consaltant
Juty 2006
EXHIBIT
CHANGE OF ZONE APPLICATION
COUNTY OF HANAII
PLANIv'ING DEP-AkTTdENT
(?ype or lzglbly priat the requested itd0nnaticn)
APPLICANT: C & R Devel er6 L Rmkepba M bs1
APPLICANT'S SIGNATURE'~~Ai.PAn J~ DRT:724roE
AOBRESS:72.3982 MamalaltoaHigb»sy, xainu-xorm, w 967ao
- L"ET APPL[CANT''S INTEREST IF NOT OR'NER: Deva~ps
LIST PRINCIPAL(S) EdCLL-DBdO NAMES OF MAIN OFPFCEAS: K_wleRinkenbacb, I.danag:ng Fiembs
PNONE:(Bus.)3Z5-st0~ ~ (Res.l ~ (pex)325•s162
LANDOWNER(S): WflSmn Rmtreaba~ A. o Rmkonbach Si:n° Hwt COUOg, ?lenty CF.oag, toamie Cbu.~
- - LANDOWNER SIGNATURfi;S): See ymdted DATE: 7itM„5
(Ntay be by letter)
- LA.NDOWNER(S)ADDRESS: Sameea apolicavt
- BEQUEST: na.a m Mcxaa
~pctrting ~'a8) (Prcpuaad Zanm~
. T'AX N°.AP KEY: 73051:0%
- ~ - STREET ADDRES3 OF PROPBRIYi 73.5618 Maiau SereM Kaibm-Knna, H] 46740
SIZE OP PROPfiRTY OR AFFPFTTiD AREA(S) TO BB REZONED: 88,266 sacaza `eet
AGENT: Sidney M. Fuke Ylawin8 Consultor
ADDRESS: (OD Pavehi Street, Su8c212
- Hib, HI %~20
TFw Ft-'S:I~C: (BCS)%s-'S2'! :,ti:s.i ~r r;~`y,°'7"°s
'.'ierse btd~sexe to w^a- n~~:a+il ccrsrroadence erx' rap%es shee.'6 be se?+t.
=e2~`~.?r:.i.•S(3a~•Pxie CCP w`:C@e2Devetegmerl; `..LC -
- _ - \[Y2-I ~nglRihQLS Q ~l°ii91.2,
.r~ .aC
1~1 11 fJ6 06:Z4a Keven Rink~nhach LF3LIFJ1 ~~~~-~ibc
V//LY/6WC VO•J6 040-Ji' 'JJY N• ~1A\V.~ ~~~TV~~tn! ~ V4
1Neaoe be iflnBonne~d that owns: of pmpoxey idgnti~od by 17~C: 7-3-OS i s 096, as hstaby
atuhorFu 31d~ey Pti+k0. pletuoigg Cot~uttant, i~ss the ipnnieg of stiti ptope,~y
fromMGla to MC}t-la.
~~Willi~ht
(1me)
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ATTACHMENT
Commercial, RM, Resort, & Industrial
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
I. if your request is approved, do you intend to subdivide
the subject land in accordance with the approved change
of zone? No
If mss, please answer the rest of question I and then to
question 3.
a• How many acres of the requested area do you intend to
subdivide?
b. Into what lot sizes?
c. if your request is approved, approximately how long
after the date of approval do you expect to submit
your subdivision plans to the Planning Department
for preliminary approval?
If you intend to subdivide, please submit a preliminary
schematic subdivision plan together with your change of
zone application form.
2. If you nave no firm plans of subdividing the subject area,
do you intend to:
a. Sell or lease-the land to someone who has firm
plans? No
b. Sell or lease the land to someone who has tentative
plans? No
c. Sell or lease the land to someone who has no plans? No
d• Keep it? Yes
e. other {please state)
f. If you intend to do either a, b, or c, please elaborate
on the kind of plans the other party has. Please, also,
include in your answer approximately how soon after
approval of your rezoning do you expect to transfer the
subject land to another party.
3. What specific building plans do you have for the subject land?
Include in your answer the following: type of building
(apartment, office, launderette, etc.); financing arrangement;
timetable for construction; and any other information which you
feel might help us in evaluating your request.
We are constructing office building and hope to have a dialysis center and related medical uses.
9. Have you performed any study which would demonstrate a need for
your proposed building and/or development? No
if so, please elaborate on your findings in the space provided
below.
-2-
5• Have you performed any study which discusses the
environmental impacts your request would nave on the
surrounding area and/or the County? Yes
If so, please elaborate on your findings in the space
provided below.
Please refer to attached Planning and Environmental Report
6. Are there arty buildings on the subject area? Yes
If so, what kind?
Structures are under construction
what do you intend to do with those buildings if your
request is approved?
Make tenant improvements
Is the subject land-currently being used for any
agricultural activity? No
if so, please list the kinds of products grown on and
how many square feet or acres of land per product?
-3-
I
8• To your knowledge, has there been any flooding and/or
drainage problem on the subject area? No
If so, please describe the problem.
9. po you think that the roads leading to the subject area
needs improvement? No
If so, what kind?
Is the road adequate for the proposed traffic volume
or load? Yes
10. What sort of governmental assistance and/or improvements
do you feel will be needed in the subject area when
developed?
~s ~
a. Schools x
b. Roads x
c. Sewer x
d. Drainage x
x
e. Police Protection
f. Fire Protection x
x
y, Recreational Facilities
h. Recreational Facilities
i.
-4-
For dross checked ^y?s," please elaborate wha: t}',ce or kinds of
?rs:ro-remencs andlor assistance are needed.
I
I
l1. Haas you perforxed any historic si±as study and/cr sur:?g of the ~
3ebj?ct area? If so, k~hat xece the resalts? "rlease, also.
sebmit a coEy of the StOdy tDR?LREL with this cSa ae of zcne
sepal?went.
Ne. Arraa0.¢iara"IYO k'sslotk Froetttlm Afiattnd's/t/[efrtf, ~¢uaxG." .I .
Eignatvre: l~ ~1+~~~L~~~u,C~ ~ 1
AddYess: 72.3952 H1amalahoa Highway
Telephone: 32i-5106 -
Date: 7Wy P4,?Oa6 _
6
6375A/509 -
P. J. 5/85
r
COUNTY ENVIRONMENTAL REPORT
COUNTY REZONING REQUEST - ML-1a to MCX-1a
G & R DEVELOPMENT, LLC
KALOKO LIGHT INDUSTRIAL SUBDIVISION, NORTH KONA, HAWAII
TAX MAP KEY: (3) 7-3-051:096
1. INTRODUCTION
The applicant, C & R Development, LLC, (hereinafter "applicant', is
requesting to rezone a parcel of land (hereinafter referred to as the
"subject site") consisting of 46,246 square feet from Limited Industrial (ML-
1a) to Industrial- Commercial Mixed (MCX-1a) in the Kaloko Industrial
Subdivision, North Kona, Hawaii. The subject site is part of the Kaloko
Business Park and is located on the southern mauka comer of Kamanu
and Maiau Streets. The subject site is more specfically identified as being
a part of the Kaloko Industrial Subdivision, Kaloko, North Kona, Hawaii,
TMK: (3) 7-3-051: 096.
If successful, the applicant plans to use the site for a variety of office use,
particularly medical or medically-n:lated uses housed within two (2) iwo-
storystructures, each consisting of approximately 6,750 square feet.
II. PROJECT LOCATION
As noted earlier, the subject site consists of 46,246 square feet and is
identified by TMK: 7-3-051: 096. The site is located on the southern
mauka corner of Kamanu and Maiau Streets in the Kaloko Industrial
Subdivison. (Figures 1 ~ 2)
There are office and retail uses situated directly across of and on the
northern mauka comer of Kamanu and Maiau Streets. A major big box
retailer (Costco)_is located en the southwestern (maka~) corner of Kamanu
and Maiau Streets. Other uses include other retail and office type of uses,
including a furniture store, as well as some quasi-industrial uses such as
storage, gas company, and the like. There are no residential uses in the
immediate vicinity.
111. PROJECT DESCRIPTION
A. Project Gonceat and Comaonents
The applicant is in the processing of constructing two (2) 2-story
commercial structures. Each structure consists of approximately
6,750 square feet. The applicant hopes to utilize these buildings
for office use, primarily medical or medically-related uses. There
have been preliminary discussions with a group that wants to
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establish a kidney dialysis facility in one of the buildings. Should
that materialize, there would also be other supportive medically-
related uses.
It should be noted that while many retail and office uses are
expressly allowed in the Limited Industrial (ML) zone, it is not clear
whether a facility to accommodate a kidney dialysis and medically-
retated offices would be permitted. That type of use, however,
would be allowed in the Industrial-Commercial Mixed (MCA zone.
As such, the applicant is seeking this rezoning to minimize potential
use violation in the future.
As noted earlier, two (2) 6,750 square foot structures are under
construction for a combined square footage of 13,5b0 square feet.
The height of these 2-story structures, when completed, would be
less than 30 feet. At this time, the applicant only intends to
complete the "shell" of these structures; and should this rezoning
be approved, in#erior improvements will be made to accommodate
various tenants, including the proposed kidney dialysis facility.
As noted on the approved plans (Figures 3 & 4), access would be
off of Maiau Street, using aone-way in, one-way out system. There
would be at least 69 parking stalls, which include 3 handicapped
stalls. This would be consistent with the Zoning Code of one stall
per 400 square feet. Also reflected in the plans are 3 loading stalls.
The approved plans show a setback of 20+ feet from Maiau Street
and 17 feet from Kamanu Street. The mauka or eastern setback is
70 feet, while the makai or westem setback is 20 feet. The height
of the 2-story structures is 28 feet. (Figures 4 $ 5).
Furthermore, additional landscaping consistent with Planning
Department Rule No. 17 will be installed around the perimeter of
the subject site. The project would include a 3~l foot wide planting
screen along the northern, eastern, and westem boundaries.
B. Project Timetable and Cost
The applicant intends to complete construction of these
improvements within the next 8 months, and hopefully begin
working on the interior or tenant improvements shortly thereafter.
The estimated construction cost of this project, less the interior or
tenant improvements, is $2.63 million.
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IV. INSTITUTIONAL CONSIDERATIONS
A. State Land Use
The subject property is designated Urban. As such, no State Land
Use Commission action is required. The County of Hawaii can
process the rezoning request.
B. Countv General Plan
The County General Plan Land Use Pattern Allocation Guide
(LUPAG) map, 'rf scaled, designates the site Industrial Relative to
the Industrial designation, the General Plan allows consideration for
"manufacturing and processing, wholesaling, large storage and
transportation facilities, and light industrial uses." As such, the
requested MCX zoning would be consistent with this designation,
and no General Plan amendment is necessary.
No changes affecting this site or surrounding area are being
contemplated in the Planning Director's proposed interim revisions
to the General Plan.
C. Kona Res~ional Plan
The Kona Regional Plan (KRP) attempts to further define the
General Plan and serves as a guide for decision-makers. It was
adopted by the Planning Commission in April 1984. The subject
plan designates this site for Industrial uses. Accordingly, the
request is consistent with the Plan.
D. Keahofe to Kailua IK to Ki Development Plan
On April 3, 1991, the County Council adopted the "K to K Plan" by
resolution. The "K to K Plan" was developed to guide the
development of infrastructure and land uses in this region. It
reflects a network of major arterial and collector roads that would
form the infrastructure basis for further development in this area.
The Plan designates this area for industrial uses, and hence, the
request would be consistent with that designation. Furthermore,
the proposed site does not directly affect the location of these
identified roadways.
E. Countv Zonins~
The County zoning of the subject site is Limited Industrial (ML-1 a).
3
If the Industrial-Commercial Mixed (MCX-1a) request were
approved, the site would be used for limited retail and
predominantly a variety of office uses, particularly in the medical
related fields. As noted earlier, one of the contemplated tenants
would be a kidney dialysis facility. Within the MCX zoning, medical
clinics and uses are allowed, and it is reasoned that a kidney
dialysis facility is a form of a medical clinic or use.
All requirements of the appropriate land use and development
codes such as parking, landscaping, fire, ADA, and the like have
and/or in the process of being complied with in conjunction with the
construction of this project.
It should be noted that in a letter, dated December 9, 2005, Final
Plan Approval (Exhibit A) was granted by the County Planning
Department for the subject project. The subject site was originally
used to satisfy 7 parking stalls required for a fumiture store located
on an adjoining parcel (TMK: 7-5-051: 091). Prior to issuance of an
occupancy permit for the subject site, the required parking for the
fumiture store must be satisfied either through its relocation or
justification to the Planning Department that these stalls are not
needed. (See conditions of approval of Exhibit A, Exhibit B,
and Exhibit C).
Subsequent to the issuance of Plan Approval, a grading permit
(Exhibit D) was issued on December 30, 2005. The building
permit (Exhibit E) for this project was then issued on May 3, 2006.
Please also note that there were two MCX rezoning requests that
were recently approved in this general area. Ordinance No. 02-
114, which became effective on September 25, 2002, was to allow
the development of Phases III and IV of the Kaloko Industrial
Subdivision, located immediately mauka of the subject site. The
other (Ordinance No. 03-20, effective February 20, 2003), affected
a 4.383- acre site situated between Hina Lani and Olowalu Streets.
That site is now the home of a financial institution.
F. 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 nearly 2 miles from the
shoreline. As such, the proposed action should not have any
sign cant adverse impacts on the area's beach protection,
4
coastal recreational, and marine resources.
The likelihood of this improvement having any impacts to the area's
historic resources is also not likely. The site has been recently
cleared of all vegegation, having received a grading permit which
was approved by the State DLNR-Historic Preservation Division.
(Exhibit D)
Further, 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 project is presently
under construction and, to date, there have been no inadvertent
finds.
The proposed action will involve the construction of improvements
in an urban setting. Accordingly, there is a potential visual impact
to the area's scenic and open space resources. However, the
project would involve the construction of two structures on the
subject site. As the site is bounded by commercial and/or industrial
uses, the proposed 2-story structures should not create any
sign~cantly adverse visual impacts to the surrounding properties.
Then, too, from the Queen Ka'ahumanu Highway or any of the
other streets makai of the subject site, the proposed structures
should not impair the views of Hualalai Mountain. The views from
the Mamalahoa Highway or Hina Lani Street to the coastline will
also not impeded by these structures.
Relative to the Coastal Ecosystems, impacts should not be
significant, as the site is located nearly 2 miles from the ocean.
Notwithstanding the distance, the project's wastewater will be
disposed off into 2 State Department of Health approved on-site
septic systems. Underground Injection Control (UIC) permits for
the 2 drywells have already or are in the process of being issued by
the State Department of Health. Accordingly, the permitting
process should help minimize potential coastal ecosystem impacts.
The proposed action will result in providing much needed medical
care to island residents. While providing needed services, this
potential dialysis faciliiy should also provide additional employment
opportunities. In so doing, the project could aid the overall
economy and the overall economic use of this site and the area in
general.
Because of its distance from the shoreline, the site should not be
subject to coastal hazards.
s
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
MCX-1a, and the requested use and design/parameters (parking,
height, setback, etc.) would be or already have been deemed
consistent with both the existing ML and requested MCX 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. Finally, a sign
notifying the public of this request will be posted on the property.
Based on the foregoing, it is concluded #hat 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.
F. Other Permitting Considerations
Most of the basic construction-related permits have been issued.
The only possible outstanding ones would be for the interior
improvements and occupancy permits.
V. ENVIRONMENTAL CONSIDERATIONS
A. General Descriation
The 46,246 square foot site is shaped like a rectangle.. The length
fronts Kamanu Street and is 350+ feet, inclusive of the radius at
Maiau Street. The width, which runs in a mauka/makai direction
and fronts Maiau Street, is 132+_ feet. The site was formerly vacant
and part of the Kaloko Industrial Subdivision. It is now being
developed into an office complex. As the site was recently cleared,
it is presently devoid of any natural vegetation.
There are other commercial and industrials in this area. The
Costco facility is located immediately makai of the subject site,
while other uses such as Air Gaspro is located in a structure north
6
of the subject site. A furniture store is located northwest of the
subject site.
B. Climate. Soil and Topography
The subject site is {orated along the westerly slopes of Hualalai.
The elevation of the site is approximately 170 feet above mean sea
level. Prior to the site work, the grade was relatively gentle, with
less than a 5% difference.
The average temperature varies between 72-80 degrees with
higher periods during the summer. The annual rainfall in the
vicinity is about 20 inches.
Land Study Bureau Overall Master Productivity Ratinca classifies the
soils in this area to be "E" (Very Poor) for agricultural productivity.
Understandably, then, the classification system of the Agriculture
Lands of Importance to the State of Hawaii (ALISH) does not
identify any classification for this site.
The U. S. Soil Conservation Service, however, has designated the
soil type in this are to be of the A'a (rLV) and pahoehoe (rLW) laval
flows. These two soil types have little or no soil covering and are
generally devoid of vegetation. These types of lava are slowly
permeable, although water moves rapidly through the cracks.
Runoff is slaw, and the erosion hazard slight. This soil type is
widespread throughout this region.
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.
There are no drainage ways through the site. Accordingly,
the site should not be subject to flooding.
As there will be an added level of impervious surface
resulting from the developing parking area and structures,
there is an issue relating to potential increased run-off. As
such, 2 drywells will be implemented on site, which were
subject to the review and approvals of the Department of
Public Works and State Department of Health. The depth of
these drywells should be sufficient to avoid potentially high
groundwater table.
2. Tsunami Hazard
As the site is situated nearly two miles from the ocean, it is
located outside of the Tsunami Evacuation Zone.
3. Volcanic and Earthquake Hazards
The USGS classifies the area as Lava Flow Hazard Zone 4,
on a scale of ascending risk 9 to 1. The populated area of
Kailua-Kona also falls in this category, while the City of Hilo
is classified Zone 3. There is very little that can be done to
mitigate this situation, except to rely upon the County's Civil
Defense system and respond accordingly.
The entire island of Hawaii falls within Earthquake Zone 4,
according to the County Building Code. As such, the
approved structures have been designed and permitted with
those restrictions.
D. Fauna Resources
As the sfte has been thoroughly cleared of any vegetation, there
was no professional survey conducted of the faunal resources of
the site. Furthermore, the applicant does not believe that rare or
endangered faunal resources are likely to be found within or
proximate to the subject site. The site is within an urban
environment, with lots of light industrial and commercial uses
adjacent andlor proximate to the site.
Introduced bird species (such as dove, house finch, myna) are
common in this area, Domestic animals such as cats and dogs,
and other animals like rats and mongoose are also common.
These are all common and not endangered.
As such, it is unlikely that the development of the subject property
would cause any adverse faunal impacts.
E. Flora Resources
No commissioned flora survey was conducted of the site due in
large measure to its recent approved grading. Prior to its grading,
however, the area was characterized by scrub vegetation such as
the fountain grass, klu (Acacia famesiana), Christmas berry, and
Nato red-top grass. As such, it is unlikely that the site would have
served as a habitat for any listed threatened or endangered plant
life.
s
w~.~~......_
F. Historic/Cultural/Archaeological Resources
For the same reason noted above, no commissioned
archaeological inventory survey and cultural assessment study was
conducted of the subject site. The recent clearing of this site, which
was approved by the State DLNR-Historic Preservation Division,
reduces the prospect of finding any archaeological remains.
It should also be noted that in conjunction with the State Land Use
Boundary Amendment and subsequent County rezoning of this
area in 1980, Lloyd Soehren conducted an archaeological
reconnaissance survey. The study did not find any significant
archaeological features within the surveyed area.
Nonetheless, during the course of developing this project, should
any anticipated archaeological features or sites be uncovered, work
in the affected area will immediately cease and the applicant will
notify the Planning Department.
G. Valued Cultural Resources
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.
Spec~cally, there must be a discussion of the cultural, historical,
and natural resources and associated traditional and customary
practices of this site.
In this situation, the subject site is not adjacent and/or proximate to
the shoreline. As such, fishing and/or coastal access is not an
issue. Furthermore, there are no identified trails that go through
the subject site.
It is not known whether the subject or immediate surrounding area
was ever used for the gathering of plants by native Hawaiians.
However, as the site has been recently cleared of any vegetation, it
would appear very unlikely that the site would serve such purpose
today. There are also no known archaeological features on the
subject property, based on the Soehren survey.
Accordingly, it does not appear that the project would have any
potential adverse impact relating to the cultural and historical
resources of this area.
H. Water and Coastal Resources
The subject site is located nearly two miles from the coastline. As
9
such, coastal impacts resulting from discharge of the already
approved drainage systems from the site should not be sign cant.
Being anon-coastal property, no coastal access will be affected.
The applicant will construct 2 septic systems for the project, both of
which have been approved by the State Department of Health.
As such, potential groundwater and coastal resources impacts
would be mitigated.
Further as noted earlier, prior to the installation or use of the 2
drywells on the site to address on-site drainage concerns, the
appropriate UIC permit from the State Department of Health have
or will be taken. At that time, impacts to water and coastal
resources will be carefully examined and mitigative measures, if
required, will be implemented.
I. Noise. Air Quality, and Dust Imaacts
The existing background ambient noise level is associated with the
wind, foliage, birds, and the like. This is relatively low, averaging
less than 45 Ldn.
Traffic along the surrounding streets such as Kamanu, Hina Lani,
and the Queen Ka'ahumanu Highway, as well as frequent aircraft
traffic, however, heavily influence manmade noise in this area.
Kamanu Street serves as one of a sign cant connector road to the
major mauka/makai road, Hina Lani Street. As such, although this
project will introduce vehicular traffic to this area, it is not
anticipated to contribute any more than what the site was originally
designed and developed for under the existing ML zone.
Thus, any trafFc increase should result in a noise increase of equal
to or less, than 55 Ldn, which is within acc2ptable levels within an
urban environment. The periodic aircraft overflights generate a
higher level at approximately 60 Ldn.
The short-term noise impacts will be associated with the
construction of the project. These will be temporary. Further, all
applicable State rules governing construction noise abatement will
be observed. The applicants also intend to not allow noise-
generating construction activity to occur on Sundays and early
morning and late evening hours.
The proposed development should not generate any direct air
uali impacts. During the short-term, there may be some fugitive
dust associated with the construction of the project. However,
compliance with the State Department of Health's regulations
governing dust control should help mitigate this potential impact.
io
From along-term perspective, the project itself is not expected to
have uses that generate adverse air pollutants. The only
discernible air quality impact would be associated with vehicular
traffic to and from the site. While the added traffic will have an
impact to the ambient air quality, the impact should not be
significant. This is due in part to the higher EPA standards for
automobile air emissions and the prevailing tradewinds.
All of the required parking area within the project site will be paved
with an all-weather, dust free surface. Landscaping has also been
required as part of the Plan Approval requirement. As such, with
the exception of minimal construction dust in the beginning, long
term dust generated by the project should be insignificant.
J. Scenic and Visual Considerations
In the Natural t3eau(y element of the General Plan, there are sites
or areas {fisted as scenic resources. The subject site is not {fisted as
a scenic site. However, Hualalai Mountain and the general
coastline are listed as scenic resources.
The proposed development would not have any visual impacts to
either of these idenfified areas from any public highways. The
location of the Site is such that there will be no interruptions to
these views. Additionally, the height of the structures will be less
than 30 feet, which is significantly less than the maximum of 45 feet
allowed in the current ML or in the proposed MCXzone.
Thus, there should be little, if any, visual impacts resulting from this
project.
VI. SOCIAL AND RELATED CONSIDERATIONS
A. Surroundins~ Land Uses
The surrounding land uses are within the Urban area. The area
immediately mauka of the subject site is the site of the planned
Phases III and IV of the Kaloko Industrial subdivision. The other
three surrounding areas are all developed with a variety of
industrial and commercial uses.
The commercial and/or industrial uses range from a major big box
store, furniture store, offices, gas company, and the like. There are
no residential uses in this area.
As such, while the requested use would be consistent with the
design and scale of the immediate area, the proposed expanded
ii
office and medical related uses could still generate some impact to
each other. To mitigate these impacts, design and construction
factors such as the placement of buildings, parking areas, lighting,
landscaping, and the like have already been taken into account in
the existing project.
B. Economic Impacts
The requested zoning would have some measure of economic
impact, as it would provide short-term employment opportunities for
those in the construction and related industries. This may not be
significant, as the construction is already undervvay with the existing
zoning and should not change with the requested zoning.
With the completion of the project, however, there will possibly be a
few long-term employment opportunities than the uses allowed by
the ML zoning. The proposed dialysis facility is anticipated to
generate at least 10 full and part-time employees.
A mixed industrial/commercial rezoning would also increase the tax
revenues to the County. At the same time, there should not be
major negative real property tax consequences to adjoining
properties, as the surrounding zoning and uses are all commercially
oriented and not residential.
C. Agriculturallmpacts
The site is and has not been used for agricultural activities in the
recent past. The site has been vacant and recently cleared of all
vegetation. The surrounding area is also heavily urbanized. Even
the State ALISH's mapping system does not classify this site.
Accordingly, the potential commercial agricultural value of the site -
aside from limited domestic purposes -should not be significant, if
at all.
VII. INFRASTRUCTURE CONSIDERATIONS
A. Road
Access to the project would be from Maiau Street, which has a
right-of-way of 60 feet, with a pavement width of 24+ feet. The
improved shoulders range from 4-8 feet. Kamanu Street is a major
north/south connector street in this area. It has aright-of-way of
60 feet with a pavement width of 24 feet.
12
It should be noted that this is a change in category of industrial
zoning and not a request to urbanize an area. As such, there
already wilt be traffic impacts generated by the existing zoning,
impacts that were accounted for when the property was initially
zoned and subdivided. As such, traffic resulting from the proposed
MCX zoning should not be significantly more than the current
zoning.
In either case, there are certain conditions that should help mitigate
these impacts. For one, Kamanu Street is relatively straight in this
area, affording good sight distance for traffic exiting Maiau Street.
Then, too, activities south of the Kamanu Street/Maiau Street
intersection are relatively tow now and in the immediate future.
This is because of an existing quarry at the south end of Maiau
Street.
B. Water
The County's water line fronts Kamanu Street. The water service
to this site is already available and planned for with the existing
project.
C. Wastewater
The State Department of Health approved 2 septic systems for this
project, one for each of the structures.
D. Solid Waste
Solid waste will be handled by commercial haulers who will dispose
of the refuse at the county landfill at Pu'uanahulu, North Kona.
Typically, the waste generation of a project of this nature (office use
and potential dialysis facility) should be no more than a few
residences. As such, the normal waste disposal requirement would
be more akin to a number of residences. However, if there are
medical offices, the medical-related waste will be segregated and
disposed off in an approved manner, consistent with State
Department of Health disposal requirements.
Although the applicant does not believe one is needed, 'rf required,
a Solid Waste Management Plan Can be prepared to help address
ways to accommodate and reduce the project's waste.
E. Other Government Services
As this area is already part of the Kaloko industrial Subdivision, it is
13
already being serviced. No extension of government services
would be required, and existing facilities should be sufficient to
accommodate the limited demand expected from this project
The Police Station is located less than 2 miles from the subject site,
while the County Fire Station with Emergency Medical Services,
located in Kailua-Kona is less than 5 miles away.
Since this project is a commercial one, it should have little or no
direct impacts to schools, parks, and other related facilities. The
Kona Medical Center is located in Kealakekua, approximately 10
miles from the site. This hospital is one of five licensed hospitals
on the island.
F. Other Utilities
All other utilities such as telephone and electrical services, are
available to the site.
VIII. IMPACT SIGNIFICANCE ANALYSIS
A. Relationship Between Local Short-Term Uses of Environment
and Maintenance and Enhancement of Lons~•Term Productivity
This request is a change in an industrial zoning class cation and
not a zoning category (such as residential to industrial), the
structures will be the same. Only the uses would vary a bit. As
such, there should not be any short-term exploitation of resources
that would generate negative long-term impacts resulting from the
proposed action.
Further, this project should not result in any significantly adverse
short or long-term impacts that cannot be properly mitigated. There _
will be direct and indirect economic benefits -albeit not large -
resulting from the construction and implementation of this project.
Relatedly, the project will generate increased tax revenues that can
supplement the State and County's fiscal resources.
Because of its location, this project will provide a service that can
be made reasonably accessible to the region and immediate
neighborhoods. The required on-site infrastructure - if needed -will
be implemented by the applicant to mitigate potential impacts of
this project.
B. Irreversible and Irretrievable Commitment of Resources
The subject site is already disturbed. As such, the commitment of
is
natural or other resources (such as archaeological) would not
appear to be an issue. The likelihood of finding archaeological
features on the site is remote, due to the past development of the
site and the recent clearing of the site. Further, any unanticipated
finds will be properly mitigated upon consultation with appropriate
government agencies.
C. Mitigative Measures
The applicant intends and will continue to provide any required off
and on-site infrastructure in conjunction with the development of
this project. These have and will include drainage, wastewater,
and water improvements.
The applicant will construct the approved driveway access from
Maiau Street, meeting with the approval of the County Department
of Public Works. Likewise, the applicant is making on-site drainage
improvements -such as the installation of the 2 drywalls - to
accommodate the added drainage created by the planned parking
area and new structures. Additionally, 2 septic systems that have
been approved by the State Department of Health will be installed.
All of these have been done in conjunction with the permitting and
permit implementation phases of the structures that are naw under
construction.
Although the potential for unearthing archaeological features on the
site is remote, the Planning Department will be notified 'rf any
inadverkent discoveries are made during any phase of this project.
Work will resume only upon receipt of proper clearances from said
agency. Please note that since the project commenced
construction early this year, no inadvertent finds were made.
Landscaping will be incorporated within the project site, as well as
along the boundaries. The approved landscaping is consistent with
the Planning Department's landscaping rules.
As the site was vacant, there was no relocation issue.
D. Alternatives to the Proposed Project
1. No Proiect
Whether the rezoning request is approved or not, there will
be a development on the site. As such, there will be a
project, and this alternative is not a realistic one.
rs
2. Development Based on Existing ML-1a Zoning
Under this or the status quo alternative, the site would still be
developed, and the physical improvements to the site would
not change from that which is already permitted. In that
regard, the site would not be utilized to a use that can
provide more services to the region, particularly in medical
services.
3. Alternative Zoning
Given the General Plan LUPAG map's industrial designation,
the only other possible rezoning option would be open.
Resort, residential, and commercial zoning would not be
consistent with the LUPAG map. One possible alternative
would be to rezone the land Open. However, that would not
be fulfilling the long-range Industrial objective of the General
Plan LUPAG map.
4. Evaluation of Alternatives
Leaving the property in its current state would not provide a
needed diversity of commercial/industrial uses in this area,
and hence would not maximize the use of the land without
unfairly burdening an area's infrastructure. There would be
potentially diminished tax revenues and fewer services to the
public.
While Open zoning is possible, it would not be realistic, as
any landowner would like to have value and not zero value
on a property that purportedly does not have significant open
space value. Other types of urban uses, such as residential,
resort, or commercial only, would not be consistent with the
General Plan.
At the same time, a MCX zoning would not significantly
compound the area's social and physical infrastructure. This
is due in large measure to potential impacts of the existing
ML zone. At the same time, the requested zoning would
make possible uses that have wider community benefits,
particularly in the medical area.
In view of the aforementioned, it would appear that none of
the alternatives would be more prudent and beneficial than
the requested MCX-1 a zoning alternative.
16
i
1X. REGULATORY ANALYSIS
A. General Plan LUPAG Maa
The General Plan provides for the long-range comprehensive
development of the island of Hawaii. It provides direction for
balanced growth in the County.
The LUPAG map designates the site Industrial, a designation that
allows the requested MCX-1a zoning. Accordingly, this request
would not be inconsistent with the LUPAG map.
B. General Plan Policies
The requested zoning would be consistent with the goals, policies,
and standards of the Economic and Land Use Elements of the
General Plan. Specifically, the more pertinent ones follow:
1. Economic Element
Goals
• Provide residents with opportunities to improve their
quality of life.
Economic development and improvement shall be in
balance with the physical and social environments of the
island of Hawaii.
• The County of Hawaii shall strive far diversity and
stability in its economic system.
• The County shall provide an economic environment
which allows new, expanded, or improved economic
opportunities that are compatible with the County's
natural and social environment.
Policies
The County shall provide an economic environment
which allows new, expanded, or improved economic
opportunities that are compatible with the County's
natural and social environment.
17
• The Gounty shall strive for an economic climate which
provides its residents an opportunity for choice of
occupation.
• The County shall strive for diversification of its economy
by strengthening existing industries and attracting new
endeavors.
• The County shall encourage the development of a visitor
industry which is consistent with the social, physical, and
economic goals of the residents of the County.
Discussion
The request would provide an opportunity to have a kidney
dialysis facility and related medical uses in an area that is
already serviced by a good transportation system.
Relatedly, all required infrastructure is there or, if not and/or
needed, will be provided by the applicant without taxing
government's servicing ability.
Further, the area is located proximate to industrial and
business areas and reasonably proximate to residential
areas, making the site accessible to many who may require
medical and other services.
2. Land Use Element ICommerciaD
Goals
Provide for commercial developments that maximize
_ convenience to its users.
• Provide commercial developments that complement the
overall pattern of transportation and land usage within the
island's regions, communities, and neighborhoods.
Policies
• Commercial facilities shall be developed in areas
adequately served by necessary services, such as water,
utilities, sewers, and transportation systems. Should
such services not be available, the development of more
intensive uses should be in concert with a localized
program of public and private capital improvements to
meet the expected increased needs.
ra
• Distribution of commercial areas shall be such as to best
meet the demands of neighborhood, community and
regional needs.
The development of commercial facilities should be
designed to fit into the locale with minimum intrusion
while providing the desired services. Appropriate
infrastructure and design controls shall be incorporated
into the review of such developments.
Standards
• Commercial developments shall be located in areas
adequately served by transportation, utilities, and
amenities. Commercia[ developments shall provide for
adequate internal circulation amongst commercial
facilities in the area.
• Off-street parking and loading facilities shall be provided.
• Gommercial development shall maintain or improve the
quality of the present environment through the
consideration of visual, access, landscaping, and other
design elements in their development.
• Preference shall be given to commercial lands with a
reasonably level topography.
Discussion
As the Kona region continues to grow, there will be a need
formore commercial and industrial areas. This area is
suitable for such an expansion. Unlike other industrial
areas, this is not an area in residential land use transition. It
is predominantly industrial and commercial in nature. As
such, from a visual and infrastructure perspective, the
proposed project would not overwhelm and instead be
compatible with the surrounding area.
The subject site also fulfills other policies and standards
articulated in the General Plan. The site is already serviced
by adequate infrastructure, and where there are not, will be
extended andlor provided by the applicant. The County
water line is already available to the subject site, and the
applicant will be installing their DOH-approved septic
systems.
19
Police and fire protective services are available within a 5
mile radius. As such, this project should not require addition
public services to be provided.
The site does not have any on-site developmental
constraints. The land is relatively level and is designated "X"
on the FIRM map.
Further, because the existing and expanded commercial
(proposed dialysis facility) uses are not inherently noxious,
potential pollution concerns would be minimal, if at all.
Because of the historical vacant and surrounding urban
uses, coupled with the recent total grading of the site, it is
very unlikely that it now serves as a habitat for rare or
endangered plant or animal life. There is also little evidence
that the site would have any archaeological feature.
Because of the proposed scale and type of use, the request
would service the residential areas in the region while being
immediately compatible with the Surrounding the growing
mix of industrial/commercial uses. Landscaping will be
provided around and within the subject property.
Finally, the standards for a commercial building are in the
process of being fulfilled. These include the acreage,
setbacks, uses, height, parking, and so forth.
C. Kona Restional Plan and Keahole to Kailua Develoament Plan
As noted earlier, both documents identify the subject site
and general area for industrial uses. The requested MCX _
zoning would be consistent with those designations. Then,
too, the requested use would not compromise any roadway
system envisioned in the K to K Plan.
D. Zoning
If the request were approved, all of the added requirements, if any,
relative to the MCX zoning would be complied with. No variances
from the Code are anticipated.
20
Mpy-12-56 FRI 01:57 PM S&R CONS7RUCTI bN S08 325 316`L P-O1
„SY Oi /4
liazry Kinl w" Chctstopher 3. Yucp
Mrtynr 1 Derepor
<
Roy R. Takcmoto
•yh, at} ` Deputy Dimtor
Gounty of Hawaii
PLANNING DEPARTMENT
Aupuni CenMr • 101 P4Uahi SllcEy Suits 3 Hilo, Hawaii 96710
Phone (808) q61-84$8. Paz (806) 961-8742
Deeenaber 9, zaos
Dr. William C. Fou1k
75-5656 Kuakini Highway, Suite 301
Kailua ICvna ,Hawaii 96740
Aear Mr. Povlk:
APPLICATION FOR PLAN APPROVAL: Industrial Building
TMK: 7-3.051:096
We have reviewed and approved the plan for the subject proposed project for F]NA,L PLAN
APPROVAL. 16nclosed is a copy o£the FINAL FLAN APPROVAL, dated Doci;mber 9, 2005,
for your Ix1o.
Please note any condidans of approval included as part of the FINAL PLAN APPROVAL..
These conditions must be complied with prioz to occupancy o£ the project, or as otherwise
candifioaaed.
Should you have any questions, please contact Bennett Mark of our West Hawaii O£Oce, at
327-3510.
Sincerely,
C,FII2~STOPHBR 7. YUEN ~ / .
' P1aalningDirector -
cc: wlattach
C.S. Wo and Sons Limited
West Hawaii Office TMK file 7-3-051:096 '
T11~II~ file 7-3-051:091
Xawai'e County is on ega¢1 apDOrtuniry pr>vider and enplaycr
EXHIBIT A
MAY-12-06 FRT 01 :0T FM SxR CONSTRUCT ION 508 3'Li '3162 P. 62
.
COUN'I":~ kST.4,IVNIii'G Alva' PA1tT61~NT
I lv A
P>L~,~ ~~PlzovaL
APPLICANT' DATF, APPROVED:
Dr. William C. Foulk December 9, 2005
LOCATION: TAX IvIAP KEX:
North Kozta 7-3-OS 1; 096
1rAAC1;L AREA: ZONE:
46,246 square feat Iv1L•la
P1tOPOSLD USE: ~ ~ V
Industrial Building
As Shown on Plan Coznments
Front Ysrd (North : 20'-0" UK, 15'-0" Minimttm r aired
Front Yard akai): 1 T-0" OK,15'-0" Minimum r aired w
Side Yard South : 20'-0" UK 0'-0" Minimum r aired
Side YaCd (Mauka): 70'-0" OK, 0'-0" Minimum r aired
Ht. of Structure: 28'-0" Old, 45'-0" Maximum, allowed
Access to pazking: Off of Maisu Street. OK; Must comply with the requirements of the
,1)~attzneztt of Public Works.
Off-Sircet Parking: 52 standard, 14 compact and OK, Building A + Building H + Nestol encl. ,
3 handicap stalls are provided perplan 13,500+13,500+456= 27,456 sq, ft.
(52+14+3=69) are provided per plan. 27,456!400 sq. lt. per sta>) = 68.64 oz 69 stalls
1 of the 3 handicap. staAs is varz accessible. TOTAL REQUIRED = 69 stalls
3 of the 69 stalls needs to be handicap accessible. 1
of the 3 handicap accessible stalls must be van
_ accessible,
Loading and - - ,
Unloading Space: 2-lA'ar22' Goading stalls and OK, 2-10'x22' landing stalls and
1-12'x50'loadin stall provided per plan. 1- 12'x50' loading stall are r aired.
Dettsit : OK
Feacin and Walls;
Material:
1-ici~ht:
Location:
!lawai'r County is an equal opporlursiry+ provider and employer
M fly-12-96 FRI 81 :9FS PM S&R CONSTRUCTION /808 325 5162 P. ~3 ,
' s ~ `
Huai Plan Approval ('TIVi1C: 7-3-051: 09G)
12/9105
Page 2 of 3
Landscaping: Per Pian by Licensed Professional OK, Complies with Rule Na. (7 of the Planning
Architect Dr. William C. Poulk. De artment's Rotes of practice and Pzocedure,
Others: Tax Clearance OK, Per lettez of tax clearance froth 1tPT dated
l1/t3/2005
Conditions:
j, Approved varlcing to bc~aved striped and appzoatiate si na a installed prior to issuance of the Certificate of
Occupancy.
2. Androved landscapigg, to be installed and mairtta(~ed~rior to issuance of the Certificate of Occupancy
AApgl~ant shall comely with all other ~licabla laws zules regutatiorts and requirements ofliawai'i County
)?rjor to issuance of Certificate of Oe~anev applicant shall provide a sinned
ad_ nd executed arsecment
between the owners of the parcel identificd~y'1'lv1K 7-3.051.09 t and the sub jec~atcel identified by TMK
7-5-051:096, elitninating_the parking~reement that Payee! 96 urovides 7 parking spaces to Parcel 91.
Prior to issuance of Certificate of Oeeuoancy. the applicant shall pzovide (a}
a~td {ir): oz in lie
ttTofvrovidin~
and {b), the annlie~t mavprovlda ~c instead:
U A sierted and erg n e ~arkituz asseernent betwcen the ownees of the Marcel identifad y TMK
7.3-051;091 and the owners of an adjacent ornearbyparcel. establishing that the adiacettt or nearby
parcel will nrovidc 7 parkinx straccs pie
petually to Parce191 The 7~arking spaces provided to Parcel 1
shall be on a q~~ aQiacent to Parce191 or within 1y000 feat of Parcel 91 Any changes to the tertus of
~p.~lyg agreement oz dissolution of t~tisp_arkin% agreement shall requite the pri rp~pproval of the ;
Plannitg Director;
(b) A Final Pian Ap~rOVal appraved~ the Planning Di~zector for thcLadiacent or nearby narcei providing
the 7 spaces to I'arce191 showiu
thq
a lvca(jp~ of the roauired garkine spaces far the approved uses an
that parcel and the 7 spaces to~vided to~arce191_per the aereement zefarred to in fa) above
A Revised Final Plan Approv pproved by the P[a~tning Director for the parcoi iiientificd by TMK
7-3-05 ~ ~p91, iustifvi~ that the actual uses on Pazcet 9~eg-wire less parking thy} was required by the
gz~~ious Plan App;rovats and that the existin~s a~
ces y~rovjded on Parcel 91 adequately accommodates
rho actual uses Justification may be provided bx ahowing_that the actual uses are less intensg than what
was o •g~gjly~ssumed and/orjustifscation maybe provided for establishing a lovesparkin rag do for the
actg~ges pp the parcel bassi an respected professional research such as from ~e American Planning
Association.
6. The sinned and executed Rzreements refented to jn Condition 4 and ifapprovriate foz Conditions 5(a) and
shall be fried with the Hureau of Conveyances prior to the issuance of the tr~rtificate of Occupant
~arutirtg Director
PD 11!99 (MsWozd)
f
I
D4AY't2-06 FF;I 01:99 PM` S&R CON87PUCTI4N 898 325 516'L F, 04
i, ( (
S&R CONSTRUG'l"~QN
General Contractor - (iawaii Lic: itC-137t((
7Z-3982 Maotalahoa Ilwy.
Kaulua-Kona, (Ii 96740
{808)325-5(06 Fax: 328-5162
November 27, 2005
Mr, 13ennet Mark
Hawaii County Planning Department
fCona Office- Hanama Center
ICailua-Kotza, (Il 9b740
RP.' Plan Approval for C&R Cenler, TMK: 1- 3- OS 1: 9G
Dear Bennet:
'Chic letter is fo confirm the existing conditions and future resolution of the parking
requirements for the above subject project. 1?resent!y, there is a "Parkint; License
Agreement" Eietwecn the former owner of the subject property, Charles Clarke and
C.S. Wo, owner of a furniture store in the immediate vicinity, and the County Plannutg
Department. which involves the improvements for 7 parking spaces on the subject
proporly. It is the intent of the new mvners of the subject property, Rinkenbach and
Chung et al., to have this permanent encumbrance removed front the subject property and
the 7 parking spaces re-located to another lot in the immediate vicinity. Discussions are
already un-going with anotherland owner to locate these parking spaces to another lot
very close to the C.S. Wo property.
In view of the above conditions and discussions, the owners of the above subject property
t•equest that the Planning Director please consider (;ranting Plan Approval for the Subject
Project with the condition that no Certificate of Or,.cupancy will be issued for this property
until tfzis new parking License Agreement is filed for recordation and the old Agreement is
removed from the subject property. (n this manner, we may begin our project and work
with kll the pertntent parties to resolve this parking situation.
Thank you for your assistance and consideration.
Ve~~ry~ T~ru~~ly Yours,
ICcvcn I(. Rinkenbach
Project Manager, CRcR Development, LLC
EXHIBIT B
MRRR 241 ~Ci@5 327921Pr03 KGFI+S&R GON ST RUCTI ON aaaa o~vv32s 5362 •w p. DS '
COIpolsl~ df11Ce • P, Q, eDN Id 17 . Honolulu. MowoR e6tltlb r Phont+ (eptl ae5•Sae? • Far: ttOtll 663.69
6666
f . Mtuch Yl, 2006 f
PfantfiaS,ppa[tmMt ofthc Cofdnty otHewedi
23 Aupuai 9aat
t#Ila, HeweG 96720
lFe; OfCiite Partity A~reenrent for 73.SS97 rtteitu St., Kalolro, Hew6il
L6i41a end t;ealemaR:
Fleete be adviud tarsi hued OROUt put three yeas eegetiehat U db ebOvt a(entioned
kOaRlon end 33 end 16 ywt N eitnilr Jlunlturs rotaA locetiotte noted oa the pathtd, tM
on the petkdeg at the tbOVe ateMioMd eM ettatAed lotiient hew beM end ppMtipYtt to
be Wrote then tdequttt to racer twr puldn= rpuirtatehtt.
rtuxe(ore, bated oa tpt utFmed u3d our put experMnaa wnh Ei3Wmr kceaonc tool
parking requuememe, we retpeetllrlly requen that tM wtmnt tats otbiu pulcing
raquitatnann for th tubjeot beaion be waived.
Should ylou lpava aqy plcuioM teauding this matte
, Plcare calf me et j0e.54S-5966.
V~ ~V ~t~r
C. S. q/0 « SONS, LTif.
8dtnund N. Nakuq, CPA
via 1?rwlt~ttft. Secretary ~ 7Yeeturer
5tto{.
rn,t.•..ite.ry
,I
i
C.t. WC ~ SONj . NGMaWORIU • SlUM6ERWORlO • UbriBOY . FURNfiURElAHO • i9NTFR~~JRf . SItfPLAtrR U S.A
!7 ! ~ ~ S
EBlLO 79tfd ~t+tar13+W74 7{StWl ' 46LE4LEte~ Lt=t( eROZ/(LlfO
ExxIBIT e
r~F+r-at-yE FRS 03 :2d PM S&R CO NSTRi~CTI OFd g(q0 325 5152 P, pl
~"RQ^I :PUBLIC W()fiit5 ~ FRx rte. :egg 32733 12 QI:19Po't P!
v..i ~
County pP NAWOy
t1 n~:a~RTnx>Vrrr t~~>?var,[t; wc~xacs
ORADtNOPERMIYNO. H:`~~Jx~
• Fee: i ...-Y._-._,..,__..__
Owner; r~a1.~C`C_...S-.µU/,1[•3 Address: 7~'A3tb 114ttt1~8TIL.tr,'~.~_- phono: t~-5_Z.t~.._
G
t~f~.. L~CVCt..OPMt~i,l'1_' ,.~k.+A-KOUd. Mt A4'TAO ?
CivdEng,Fl;u*v+y+s:+sr,~PH~J,pC~e~,T-..r AEd/8ss:ji6,j~,,,1
~E¢~.'_K~'~ Phons: 3Z9-5~~~-
Contracler;,,.l:J:r•.1,a'.~u~~~A Ad4ress: 15.4141 ttuuYSr,~ C+tCwc Phons:.,3.~~;.03~
Lfeonse No.: Pa6 tl. to G _ _~;.~!a:.. i T
t.ooettont~G~`~-4Eb..Sxaa~~"A•~6.t^ TaxMeVKsY(9I ?t-!~ / . P6 Cut{CY~:~~d?
~].%-5419 LAMI?aJ c~rYi~'r_.-,__,___ AnaGradsd(scfs): p.1 Dispos81S8e:_,._N/A
Eallmilfed 8ter8ng pelt: ~ .1,~ti 2,oob EeNmstetl Completion Oslo: ~~;~,~4teG~~ FA! (CV):,~,p~ ~W
(ma,lmum Z v~kEn9 Gays triter Iasuonee dsk) tlotruw Stte:y}~ lGruwil 43alrhtut Y
Remarks:~aS...hRY.,.~t!t?~._~d~,~~J_^+ TNG crtLIGIM _ Pry~.r~MPRW6H(~rC~r
a+xa..~. u.+ta...x~C" .foe_C_ eeescM'•~'HCw._!~+!~-._.. A7•~_!LCE.`3T Y~rA4~'n'lY t•.•A~••G ~•""`~L._wV
Tu~!_co~+s-cayc.'ripN o(~- +r...o _a'rort'Y ur.nwl ~1anr. s_rrz,.±c-r.~z~
phone: 32TJ6g0 Fao; 327.7893
1. ®6TATl DINR-Iil3TORIC PRESERVATION DIVI9IDN Approved: -
Re4eNOA t1K . _ •SC P. U1T _ UNe:
LIVWdaI tlN Ho~otl or NOeo~ol Ftpldor of N41ede Plotao O too 4 No
2. ~ PIANNINO DnEPAIR'TMENT Approved;
RecaNeeBy K- dJluftd l1sU: ~~'~~s.~l. _,...~.4.,[r~4~- Unto: t~' Zxi ~3•
7. ~ OEPARTMHNT OAF
P'"U'9TUC-WORKS Pamul lssuence:
Rooorvad8y: UoN: 1 e _ _~•Opa: ~Z'/Sq~4~$
1 hereby earthy thet en work a requestetl abets will conform to Cheptsr 1D of the kewsii County Cotls.
r
i
Owner:.~d~~~,~l~i!eCa~'~~!!~~tS~tY~.n/c''' S.HV.~; G~A1t'i~uP~ Dete: ~~_9y.~X~~i..::y..
! MtT•'T-,' osl- rte.
Return to the LlepartmaM of Pubilo Warketi Enpineertnq Olvtfton, upon complellontot vyotk. .
Coriftketlan - _
• ~ (DPW inagectorlengtneeq ~ ~ _
EXHIBIT D
MAy-1?-B6 FRI 02:12 PM SCR CONSTRUCTION 808 325 5162 p-91
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' uEPARTMENT OF PUBLIC WORKS
- COUNTY OF HAWAII
~~l$~ ~;~1G i!~ r)~ HILO, HAWAII
' ~ w f DATE: August 28, 2006
G~~l.~; ~v i ~ s ,i;
Memorandum
70 Christopher J. Yuen, Planning Director
Planning Department
FROM Galen M. Kuba, Division Chief
Q„ Engineering Division vvv ~~v
SUBJECT Change of Zone Application (REZ 06-000046)
Applicant: C & R Development, LLC
Location: Kafoko, N. Kona, HI
TMK; 3 / 7-3-051:096
We have reviewed the subject application and our comments are as follows:
1. Buildings shall conform to all requirements of code and statutes pertaining to
building construction. A building permit will be required for the change of use.
Different code sections and standards on building construction may apply.
2. Kamanu Street fronting the subject property, is a two lane County street within a
60-ft. right-of-way. Reference is made to the Keahole to Kailua Development Plan
(K to K Plan) as adopted by Council Resolution 296-91, and the County General
Plan as adopted by Council Ordinance 05-25. The K to K Plan called for the north-
south collector Main Street, to be an 80 foot wide right-of-way to accommodate
four through lanes. We understand that Kamanu Street is to function as the K to K
Plan Main Street. The applicant should therefore be required to provide a 10-foot
wide future road widening setback easement along the entire Kamanu Street
frontage and dedicate it to the County upon request at no cost to the County for
future widening of Kamanu Street. Direct vehicular access to Kamanu Street
should be prohibited.
3. The project should be fairly assessed for regional traffic improvements.
Should there be any questions concerning this matter, please feel free to contact Kiran
Emler of our Kona Engineering Division office at 327-3530.
KE
copy: ENG-HILO/KONA
PLNG-KONA
EXHIBIT
Hav.aii County is an Equal Opportunity Provider and Employer
Harry Kim r~w -~'`~y ~ ~ ~ 1`;>f ~ Lawrence K. Mahuna
Mayor ~ - ~ 7 9 Police Chief
t.
JI
q. ~ EtdT
••~r:';p•,Si+'• Harry S. Kubojiri
Deputy Police Chief
County of Hawaii
POLICE DEPARTMENT
349 Kapiolani Street • Hilo, Hawaii 96720-3998
August 15, 2006 (808)935331] • Fax (808)961-2389
TO CHRISTOPHER J. YUEN, PLANNING DIRE OR
FROM RONALD
T`TlAKAMICHI, ASSISTANT P ICE CHIEF,
AREA II OPERATIONS
SUBJECT Change of Zone Application (REZ 06-000046)
Applicant: C&R Development, LLC
Request: ML-la to MCX-la
Tax Map Key: 7-3-51:96
Staff has reviewed this Change of Zone Application and submits the following
comments.
Staff maintains that until such time as adequate roads are built to support the
ever-growing population, construction, and additional vehicles on the roadways,
development needs to follow the County's proposed policy on the principle of
concurrency.
Due to the current and anticipated parking problems along Kamanu Street and
Maiau Street, any business entity should be required to ensure adequate on-site
parking for its customers and employees.
Should you have any questions, please contact Major John Dawrs, Area II
Operations, at 326-4646, ext. 299.
EXHIBIT
3
"Hawai' i CounTy is an Equal Opportunity Provider and Employer" ds;M1 5
.~.~•.._.-w
' gppt
Harry KimZU4fU ~ Darryl J. Oliveira
Mayor ZUUU ~~{,~IJ ~~i Tf~ Pirc Chief
~ . ;a Desmond K. Wery
t L(r~ yi .::,~~j"J~ R'oi i> DeQuty Fire Chief
L~6,jt.~~~~ 1 Y 1.1?-~ ~-tisv~(Ji(k
~Couritp of ~a~bv~i`i
FIRE DEPARTMEIST
25 Aupuoi Street • Suite 103 • Hilo, Hawal'i 96720
(80$) 961-8297 • Faz (80~ 961-8296
August 22, 2006
TO: CHRISTOPHER J. YUEN, PLANNING DIRECTOR
FROM: DARRYL OLIVEIRA, FIRE CHIEF
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 06-000046)
APPLICANT: C&R DEVELOPMENT, LLC
REQUEST: ML-latoMCX-la
TAX MAP KEY: 7-3-51:96
In regazds to the above-mentioned Change of Zone application, the following shall be in accordance:
Fire apparatus access roads shall be in accordance with UFC Section 10.207:
"Fire Apparatus Access Roads
"Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in
accordance with the provisions of this section.
"(b) Where Required, Fire appazatus access roads shall be required for every building - _ .
hereafter constructed wken any portion of an exterior wall of the first story is located more
than 150 feet from fire department vehicle access as measured by an unobstructed route around
the exterior of the building.
"EXCEPTIONS: 1. When buddmgs are completely protected with an approved
automatic file sprinkler system, the provisions of this section may be modified.
"2. When access roadways cannot be installed due to topography, waterways,
nonnegotiable grades or other similar conditions, the chief may require adddional fire
protection as specified in Section 10.301 (b).
EX OBIT ois'79~ ~']t°°`
A
_ <
Hatuai'i County is an Equal Opportunity Provider and Employer.
Christopher J. Yuen
August 22, 2006
Page 2
" 3. When there are not more than two Group R, Division 3 or Group M Occupancies,
the requirements of this section may be modified, provided, in the opinion of the chief,
fire-fighting or rescue operations would not be impaired.
"More than one fire apparatus road may be required when it is detemrined by the chief that
access by a single road may be impaired by vehicle congestion, condition of terrain, climatic
conditions or other factors that could limit access.
"For high-piled combustible storage, see Section S 1.109.
"(c) Width. The unobstructed width of a fire apparatus access road shall meet the
requirements of the appropriate county jurisdiction.
"(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical
clearance of not less than 13 feet 6 inches.
"EXCEPTION: Upon approval vertical clearance may be reduced, provided such
reduction does not it~air access by fire apparatus and approved signs are installed and
maintained indicating the established vertical clearance.
"(e) Permissible Modifications. Vertical clearances or widths required by this section maybe
increased when, in the opinion of the chief, vertical clearances or widths are not adequate to
provide fire appazatus access.
"(f) Surface. Fire apparatus access roads shall be designed and maintained to support the
imposed loads of fire apparatus and shall be provided with a surface so as to provide all-
weather driving capabilities." (20 tons)
"(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved
by the chief." (45 feet)
"(h) Turnarounds. All dead-end fire appazatus access roads in excess of 150 feet in length
shall be provided with approved provisions for the turning around of fire apparatus.
"(i) Bridges. When a bridge is required to be used as access under this section, it shall be
constructed and maintained in accordance with the applicable sections of the Building Code
and using designed live loading sufficient to carry the imposed loads of fire appazatus.
"(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum
approved by the chief." (15%)
Christopher J. Yuen
August 22, 2006
Page 3
"(k) Obstruction. The required width of any fire apparatus access road shall not be
obstructed in any manner, including parking of vehicles. Minirrn,m required widths and
clearances established under this section shall be maintained at all times.
"(1) Signs. When required by the fire chief, approved signs or other approved notices shall be
provided and maintained for fire appazatus access roads to identify such roads and prohibit the
obstruction thereof or both."
Water supply shall be in accordance with UFC Section 10.301(c):
"(c) Water Supply. An approved water supply capable of supplying required fire flow for fire
protection shall be provided to all premises upon which buildings or portions of lntildings are
hereafter constructed, in accordance with the respective county water requirements. There
shall be provided, when required by the chief, on-site fire hydrants and mains capable of
supplying the required fire flow.
"Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other
fixed systems capable of providing the required fire flow.
"The location, number and type of fire hydrants connected to a water supply capable of
delivering the required fire flow shall be protected as set forth by the respective county water
requirements. All hydrants shall be accessible to the fire department appazatus by roadways
meeting the requirements of Section 10.207.
AREt
Fire Chief
AY:lpc
Cf WAr(q
o~=, '°°p. ?~~s sir ~ e~ ~ ~s
I!
°ob~` ap,; DEPARTMEPF'I~F~.~~Al•ER SUP(1PIL.Y • COUNTY OF HAWAII
t i r''y ~ rr
pi Xq W>ii. 345 KEICj A A A §1'R EE'fi s>d{4E 20 HLLO, HAWAII 96720
TELEPHONE (606) 961-8050 FAX (806) 981-6657
September 6, 2006
TO: Mr. Christopher J. Yuen, Planning Director
Planning Department
FROM: Milton D. Pavan, Manager
SUBJECT: CIIANGE OF ZONE APPLICATION (REZ 06-000046)
APPLICANT - C & R DEVELOPMENT, LLC
REQUEST: ML-lA to MCX-lA
TAX MAP KEY 7-3-051:096
We have reviewed the subject application and have the following comments and conditions.
Water is available from an existing 12-inch waterline within Kamanu Street fronting the subject parcel. There is
an existing 1-inch meter servicing the subject parcel with two (2) units of water allocated to it, at a maximum of
600 gallons per day, per unit, or a total of 1,200 gallons per day.
Prior to issuing a water commitment for the proposed change of zone application, the Department requests that
the applicant submit estimated maximum daily water usage calculations, prepared by a professional engineer
licensed in the State of Hawaii, for review and approval. The water usage calculations should include the
estimated peak flow in gallons per minute and the total estimated maximum daily water usage in gallons per
day, including any irrigation use, if necessary.
Upon receipt of the estimated water usage calculations, the Department will deternvne if water is available for
the proposed application. If water is available, the Department will inform the applicant of the water
commitment deposit amount, improvements required for water service, applicable facilities charge due, and
other conditions for final approval. - -
Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning Branch at
961-8070, extension 255.
Si e ely yours,
r Mi D. Pavan, P.E.
M er
FM:SCD EXHIBIT
copy - C & R Development, LLC S^i7~. ~:~'78
Mr. Sidney Fuke
aver brir2c~~ ~roc~read...
The Department of Water Supply is an Equal Opportunity provider antl employee To file a complaint of discrimination, write: USDA, Director, Office of Civil
Rlghts, Room 326-W, Whitten Building, i41h antl Independence Avenue, SW, Washington DC 20250-9410.Or call (202) 720-5964 (voice and TDD}
4oJN1Y~Or iqw
{ 9
Harry Kim - + ~ Barbara Bell
Mayor r , , , _ ~ DireMOr
.>=3..,i s ~--l.) s'°~.--Nom:..-.:
i13!!(d$9' tll'=' NN1U!16t
r"P o~~"^~~ Nelson Ho
1'kfiNlt)lt0 Deputy Director
faE;Hfi: ,,.rrrr
v,DiLtlt'~~t II~ ~iXfll~ttl
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street, Room 210 • Hilo, Hawaii 96720-0252
(808) 961-8083 • Fax (808) 961-8086
MEMORANDUM
Date : August ]4, 2006
To CHRISTOPHER 1'UEN, Plann'in/g Director
From: BARBARA BELL, Directc~j/~W
Subject: Change of Zone Application/ (REZ 06-000046)
Applicant: C&R Development, LLC
Request: ML-la to MCX-la
TMK: 7-3-51:96
We have reviewed the subject application and offer the following recommendations:
DEPARTMENT COMMENTS:
WASTEWATER COMMENTS:
( ) No comments
( )Require connection of existing and/or proposed structures to the public sewer in accordance with
Section 21-5 of the Hawaii County Code.
( )Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the
Hawaii County Code. Complete D.E.M. Sewer Extension Application.
( )Require extension of the sewer system to service the proposed subdivision in accordance with
Section 23-85 of the Hawaii County Code.
( )Other: dd
TECHNICAL SERVICES COMMENTS:,- ~~^PA ~ s _-~Y ~ ~V~ ~~g~V
p~~~
SOLID WASTE COMMENTS: ' Y ~ ~ ~ 0 d"'~~
( ) No comments 5(~A4t~l:t'(.4
Commercial operations, State and Federal agencies, religious entities and non-profit
organizations may not use transfer stations for disposal.
(}O) Aggregates and any other construction/demolition waste should be responsibly reused to
its fullest extent.
(~C) Ample and equal room should be provided for rubbish and recycling.
(7p) Greenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer
stations, or other suitable diversion programs.
( Xi) Construction and demolition waste is prohibited at all County Transfer Stations.
( )Submit Solid Waste Management Plan in accordance with attached guidelines.
( )Existing Solid Waste Management Plan is to be followed. Provide update to the depaRment on
current status.
( )Other:
SWD, TSS, WWD 8626
Hawai ~i Caunty is an equal opportunity provider and employer. ~YH'BIT
sr vs
•°l~ rT P iii. Troy M. Kindred
- s ~i 1 - Adminishator
Harry Kim
Mayor ~ ~I
t ~_IT ;1.,,. .
S,p Lanny T. Nakano
~ ~ i I ~ ~ oi'M~'~ Assistant Administrator
tV tr i.(
Cn~ix~f~r u~ ~rxfuttit
CIVIL DEFENSE AGENCY
920 Ululani Street • Hilo, Hawaii 96720-3958
(808) 935-0031 Fax (808) 935-6460
TO: Christopher Yuen, Director, Department of Planning
Attention: Norman Hayashi
FROM: Troy M Kindred, Administrator c~
DATE: September 11, 2006
SUBJECT: Change of Zone Application (REZ 06-000046)
Applicant: C&R Development, LLC
Request: ML-la to MCX-la
Tax Map Key: 7-3-51:96
We have no objections to this application and feel it is a welcome addition from the medical
support services standpoint in that it will increase medical service assets in West Hawaii.
if you have any questions, please call me at 935-0031.
EX 1HIBIT O1~~39
r/
Hawaii County is an equal opportunity provider and employer
PETER T. YOUNG
6~ ~hq CHAIRPERSON
LINDA LINGLE P:•' N' BOARU OF LARD ANO NANRALRESOURCES
CAVF:ANOR OF HAWAII o\959 p"4'j COIAJJSSIOH ON WAR'RRESOVRCF.MANAO£A¢M
is ROBERT K MASUDA
( OEPVTY OIXECFOR-IANp
~~La~~tl N2h4 a'}ftl~ `li~ ~ ~ '.D ~ DEAN NAKANO
[ !'lli ~~B ACTMO OPPIIII'OBECfOR-WATER
' b ¢~'~:~^^^G~,~`® Aeuanc REEOUrtcFs
5 I - v BoatweAemacEnNRECREAnoN
j: t 6URFAV OFCONVEYPNCES
I JIJI~e; r _ i_ - i COI.RA931ONON WATER RESOURCE MRNAOEA¢RT
` ' " STATE QF HAWAII ~NRER°",i°"""°`°asrAi`""°E
CONSERYASIONANDRESOURCES ENEORCEMEN(
ENGwPFPWQ.
s~areofNaN^• pEPARTMENT OF LAND AND NATURAL RESOURCES roRioa~PRANOESE`~~DY
soli
STATE HISTORIC PRESERVATION DIMSION ''A"°°LawE~suuoRESeavECOwesssloN
I aNo
60l KAMOKILA BOULEVARD, ROOM 555 "ArEP~`E
KMOLEI, HAWAII 96707
September 15, 2006
Christopher J. Yuen, Director LOG NO: 2006.3015
Planning Department DOC NO: 0609JT31
County of Hawaii Archaeology
100 Pauahi Street, Suite 3
Hilo, HI 96720-8742
Dear Mr. Yuen:
SUBJECT: Chapter 6E-4Z Historic Preservation Review (County/Public Works)
No Historic Properties Affected Request
Kaloko Ahupua'a, North Kona District, Island of Hawaii
TMK: f317-3-051:096
Thank you for the opportunity to comment on the potential of this project in Kaloko Industrial Park to
affect any historic properties.
We believe that no historic properties will be affected by this undertaking because:
? a) intensive cultivation has altered the land
® b) residential developmendurbanization has altered the land
® c) previous grubbinglgrading has altered the land
? d) an acceptable azchaeological assessment or inventory survey found no historic properties
? e) this project has gone through the historic review process, and mitigation has been completed
® f) other: This project area has previously been grubbed and graded, and is located within an
established industrial park (DOC. NO. 0608JT17).
In the event that historic resources, including human skeletal remains, aze identified during the
construction activities, all work needs to cease in the immediate vicinity of the Fmd, the find needs to be
protected from additional disturbance, and the State Historic Preservation Division, Hawaii Section,
needs to be contacted immediately at (808) 327-3691.
Aloha,
M Janie Chinen, Administrator
to Historic Preservation Division
JT:gvf
EXHIBIT
._.._.r
LINDA LINGLE ~ owe CHIYOME L. FUKINO, M.D.
GOVERNOR A~4 ~asp~' Director of HealfA
o
r._ R S
'~l~~a ii~t 7 F! ~i;? n q
r E i ~,~V'3 ~ "
~ ~ ~j'~~r%~~+ STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
HILO, HAWAII 96721-0916
MEMORANDUM
DATE: September 8, 2006
TO: Christopher J. Yuen
Planning Director, County of Hawaii
FROM: Donn A. Hashimoto
Acting District Environmental Health Program Chief
SUBJECT: Change of Zone Application (REZ 06-000046)
Applicant: C&R Development, LLC
Request: ML-la to MC-la
Tax Map Key: 7-3-51:96
The existing septic system design may need to be upgraded based on useJwastewater rules in
effect at the time of the building permit application.
Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm runoffs from
the proposed development need to address the requirements of Chapter 23, Hawaii State
Department of Health Administrative Rules, Title 11, "Underground Injection Control." _
The applicant would need to meet the requirements of our Department of Health Air Pollution
Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss
these requirements, please contact our Clean Air Branch staff at Ph. 933-0401.
The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the
subject document on August 10, 2006. The CWB has reviewed the limited information
contained in the subject document and offers the following comments:
1. The Army Corps of Engineers should be contacted at (808) 438-9258 for this
project. Pursuant to Federal Water Pollution Control Act (commonly known as
the "Clean Water Act" (CWA)), Paragraph 401(a)(1), a Section 401 Water
Quality Certification (WQC) is required for "[aJny applicant for Federal license or
permit to conduct any activity including, but not limited to, the construction or
operation of facilities, which may result in any discharge into the navigable
EXHIBIT
®1939
Christopher J. Yuen
' Page 2 of4
September 8, 2006
waters...". The term "discharge" is defined in CWA, Subsections 502(16),
502(12), and 502(6); Title 40, Code of Federal Regulations, Section 122.2, and
Hawaii Administrative Rules (HAR), Chapter 11-54.
2. In accordance with HAR, Sections 11-55-04 and 11-55-34.05, the Director of
Health may require the submittal of an individual permit application or a Notice
of Intent (NOI) for general permit coverage authorized under the National
Pollutant Discharge Elimination System (NPDES). ,
a. An application for an NPDES individual permit is to be submitted at least
180 days before the commencement of the respective activities. The
NPDES application forms may also be picked up at our office or
downloaded from our website at
http://www.hawaii. gov/health/environmental/water/cleanwater/forms/indi
v-index.htnil.
b. An NOI to be covered by an NPDES general permit is to be submitted at
least 30 days before the commencement of the respective activity. A
separate NOI is needed for coverage under each NPDES general permit.
The NOI forms may be picked up at our office or downloaded from our
website at:
http://www.hawaii. @ov/health/environmental/water/cleanwater/forms/genl
-index.html.
i. Storm water associated with industrial activities, as defined in Title
40, Code of Federal Regulations, Sections 122.26(b)(14)(i) through
122.26(b)(14)(ix) and 122.26(b)(14)(xi). [HAR, Chapter 11-55,
Appendix B]
ii. Construction activities, including clearing, grading, and
-excavation, that result in the disturbance of equal to or greater than
one (1) acre of total land area. The total land area includes a
contiguous area where multiple separate and distinct construction
activities may be taking place at different times on different
schedules under a larger common plan of development or sale. An
NPDES permit is required before the commencement of the
construction activities. [HAR, Chapter 11-55, Appendix C]
iii. Discharges of treated effluent from leaking underground storage
tank remedial activities. [HAR, Chapter 11-55, Appendix D]
iv. Discharges of once through cooling water less than one (1) million
gallons per day. [HAR, Chapter 11-55, Appendix E]
Christopher J. Yuen
' Page 3 of 4
September 8, 2006
v. Discharges of hydrotesting water. [HAR, Chapter 11-55,
Appendix F]
vi. Discharges of construction dewatering effluent. [HAR, Chapter
11-55, Appendix G]
vii. Discharges of treated effluent from petroleum bulk stations and
terminals. [HAR, Chapter 11-55, Appendix H]
viii. Discharges of treated effluent from well drilling activities. [HAR,
Chapter 11-55, Appendix I]
ix. Discharges of treated effluent from recycled water distribution
systems. [HAR, Chapter 11-55, Appendix J]
x. Discharges of storm water from a small municipal separate storm
sewer system. [HAR, Chapter 11-55, Appendix K]
xi. Discharges of circulation water from decorative ponds or tanks.
[HAR, Chapter 11-55, Appendix L]
2. In accordance with HAR, Section 11-55-38, the applicant for an NPDES permit is
required to either submit a copy of the new NOI or NPDES permit application to
the State Department of Land and Natural Resources, State Historic Preservation
Division (SHPD), or demonstrate to the satisfaction of the DOH that the project,
activity, or site covered by the NOI or application has been or is being reviewed
by SHPD. If applicable, please submit a copy of the request for review by SHPD
or SHPD's determination letter for the project.
3. Any discharges related to project construction or operation activities, with or
without a Sectiofl 401 WQC or NPDES permit coverage, shall comply with the
applicable State Water Quality Standards as specified in HAR, Chapter 11-54.
Hawaii Revised Statutes, Subsection 342D-50(a) requires that "[n]o person, including any public
body, shall discharge any water pollutants into state waters, or cause or allow any water pollutant
to enter state waters except in compliance with this chapter, rules adopted pursuant to this
chapter, or a permit or variance issued by the director."
If you have any questions, please contact Mr. Alec Wong, Supervisor of the Engineering Section,
CWB, at (808) 586-4309.
Construction activities must comply with the provisions of Hawaii Administrative Rules,
Chapter 11-46, "Community Noise Control."
Christopher J. Yuen
Page 4 of 4
September 8, 2006
1. The contractor must obtain a noise permit if the noise levels from the construction
activities are expected to exceed the allowable levels of the rules.
2. Construction equipment and on-site vehicles requiring an exhaust of gas or air
must be equipped with mufflers.
3. The contractor must comply with the requirements pertaining to construction
activities as specified in the rules and the conditions issued with the permit.
Should there be any questions on this matter, please contact the Department of Health at
933-0917.
WORD:REZ 06-000046.my
SidneyFuke, Planning Consultant
100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 "1 ~ ~ ~ • Planning • Variance • Zoning
Telephone: (BOB) 969-1522 • Fax: (608) 969-7996 _ • Subdivision • Land Use Permits
E-mail: sidfuke@verizon.net Y'l_. +'~ilt-i•,IT •Environmental Feports
t 26, 2006 i; , i~ . ,.:r~'r~dl
Augus
Mr. Christopher Yuen, Director
County Planning Department
101 Pauahi Street
Hilo, til 96720
Dear Mr. Yuen:
Subject: Rezoning Application (REZ OB-000046
C 8 R Development, tLC. TMK: 7-3-51:96
Thank you for providing me with a copy of comments from the Police Department
regarding the subject application. As residents of Kona, the applicants are aware of the
traffic issues facing West Hawai i. At the same time, they are aware of the need to provide
improve medical and related services to the existing and growing population of this area.
In that light, they are smoking this request to accommodate a larger and improved dialysis
faatity and related medical support uses. This fadlity is much needed and can more
readily and conveniently support a wider West Hawaii population, as opposed to being in
South- Kona or Kailua town.
The applicants wish to emphasize that the site is already zoned Limited Industrial
(ML-1 a), a zone that will already generate urban traffic. This request to Commeroial-
Industrial Mixed (MCX-1a) is merely to aNow uses (medical-related offices) that would
rrormally not be aAowed in the ML-1a zone. The traffic to be generated by the MCX type of
uses should be comparable to the ML-1a zone, except that movements may be more auto
oriented instead of by heavy equipment and trucks.
Should the request be approved, parking as required by the Zoning Code will be
provided on-efts. While the applicants are aware of possible problems associated with
parking within the rights-of-~aay of Kamanu and Maiau Streets, this problem could possibly
be addressed by having the County restrict and/or eliminate parking within the rights-of-
way.
i trust that we have answered the comments. If not or if there are additional
comments or questions, please feel free to contact me. Also endosed is a copy of a "no
historic properties will be affected" letter, dated August 10, 2006, to this office from the
State DLNR-HPD. Thank you very much.
incerely~
SIDNE''/Y M. FUKE
Planning Consukant
Endosures
Copy - C 8 R Development, LLC w/enclosures
EXHIBIT
SidneyFuke, Planning Consultant
100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 t ° - i1 ` - - ~ • Planning • Variance • Zoning
Telephone: (808) 969-1522 • Fax: (808) 969-7996 • Subdivision • Land Use Permits
~ ~ ~ ~ ~ • Environmental Reports
E-mail: sidfuke~dverizon.net - C'_iVT
September 1, 2006 ~C'lit: i _~r f r,-~:1~;;^-:II
Mr. Christopher Yuen, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 46720
Dear Mr. Yuen:
Subject: Rezoning Request (REZ 06-000046)
C&R Development. LLC. TMK: 9-3-S1: 96
Thank you for providing me with additional agency comments to date regarding
the subject application.
As noted in my letter relative to the Police Department's comments, the site is
already zoned Limited Industrial (ML-la) and the request is merely to allow a use (a
kidney dialysis center and related medical office uses) that would otherwise not be
allowed. As such, the traffic and other infrastructure issues have been identified and
addressed in conjunction with the ML-1 a zoning of this site. Then, too, since a building
permit has been issued and construction is already underway, there may be little in the
way that this project can address some of the issues raised by the agencies.
Notwithstanding the above, relative to the wmments of the Department of Public
Works, please note the following:
1. The approved building permit is for a structure that will be primarily a
"shell". As such, respective tenants may again have to apply for their
respective interior improvement permits. At that time, should the rezoning
be approved and a dialysis center is proposed, the appropriate permit and
structural accom?nodations, if needed, will be made.
2. The approved plans reflect a building setback of 17 feet from ICamanu
Street. As such, the designation of a 10-foot wide future road easement
would result in the loss of some landscaping. Please also note that there
is no access from Kamanu Street. The approved access is from Maiau
Street.
The approved building permit was reviewed and approved by the Fire Department
relative to its accessibility and related requirements.
Mr. Christopher Yuen, Director
September 1, 2006
Page 2
As noted and/or required by the ))apartment of Environmental Mana
eg
ment, the
project may have to participate in a proposed improvement district for wastewater
systems in this area. In conjunction with the building permit process, the State
Department of Health approved a septic system for this project. Relative to solid waste,
the subject site has already been cleared. As such, there is no green waste. Relative to
the construction waste, they will be disposed off in an authorized County landfill. No
transfer stations will be used.
We trust that the above adequately addresses the comments. If not or if there are
additional comments or questions regarding this matter, please feel free to contact me.
Thank you very much.
Sina~rel`~
~NEY M. FUKE
Planning Consultant
Copy - CBcR Development, LLC w/ enclosures
• • SidneyFuke, Planning Consultant
r•
100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 - • - - ~ - • Planning • Variance • Zoning
• Subdivision • Land Use Permits
Telephone: (808) 969-1522 • Fax: (806) 969-7996 _ _ - ,~(_~'-,f 1 • Environmental geports
E-mail: sidfuke@verizon.net • Lt~ ~
SeptemberC~~;~~b6 ` wr.'1
Mr. Christopher Yuen, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Yuen:
Subject: Rezoning Request (REZ 06-000046)
C&R Development, LLC, TMK: 7-3-51: 96
Thank you for providing me with additional agency comments to date regarding
the subject application.
As noted in the application, if this rezoning is approved, certain uses would be
able to occupy the building that is currently under construction. No new structure will be
built. Accordingly, relative to the State Department of Health's comments, please be
informed that as the building is under construction, there is on-going compliance by the
contractor with fugitive dust, noise and related environmental regulations. Likewise, the
required NPDES and UIC permits have already been issued, and the requested rezoning
should not generate a need for any additional permits. Likewise, it is not anticipated that
there should be any change to the wastewater system. Please note that the Health
Department must still review and approve building permits for any tenant improvements,
and during that time, the required wastewater system will be ascertained.
Relative to the Department of Water Supply's comments, should this request be
approved, the applicant will provide an estimated maximum daily water usage calculation
to determine whether additional water units would be required. If additional unit(s) is
needed, the applicant will purchase them. At this point in time, because of the anticipated
kidney dialysis facility, it is suspected that there may be a need for one or two more units.
This will be confirmed by the applicant subsequent to the zone change action.
Should there be additional comments or questions regarding this matter, please
feel free to contact me. Thank you very much.
incerely~
I NE~Y M. FUKE
Planning Consultant
Copy - C&R Development, LLC w/ enclosures ~°„_9