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HomeMy WebLinkAboutCOM 0795.000 1996-1998 William G. Davis Managing Director Stephen K. Yamashiro +i Mayor ; Henry Cho ~C Deputy Managing Director ,1R•a•Mr'1 KLIIuntv1 Q#'Pufunii 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 • Fax(808)326-5663 April 8, 1998 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 97-17) Applicant: James McCully Request: ML-20 to MCX-20 Tax Many: 1-6-3•12ortion of 5 As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action is the Planning Commission's letter and enclosures regarding the above-referenced Change of Zone Application. ere , Q/" Stephen K. Yamashiro Mayor LMcCulOLMAY Enclosures cc: Planning Commission REZ 97-17 oil) at9 r~QC a, UL16L W, Ut. Tot pel. ze FAPR 1 31998 .f Stephen ~KI,..„Y..antashiro OF 0 dounfV of ~Hf Idi PLANNING COMMISSION 25 Aupuni Street, Room 109 • Hilo, Hawaii 967204252 (WS)%l-8U8 • Pax (8%) %1-%15 APR 0 1998 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 97-17) Applicant: James McCully Request: ML-20 to MCX-20 Tax Map Key: 1.6.3:12ortion of 5 The Planning Commission, after a duly held public hearing on March 20, 1998, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 14.234 acres of land from Limited Industrial (ML-20) to Industrial-Commercial Mixed (MCX-20). The property is located approximately one mile east of the Keaau Town Center at the end of Milo Street, in the vicinity of the former Puna Sugar Company Mill site at Keaau, Puna, Hawaii. The Commission based their approval recommendation upon the following: In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County, but ultimately, on the future development of the whole island. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 The proposed request would be consistent with the following goals and policies of the Economic Element. * Provide residents with opportunities to improve their quality of life. * Economic development and improvement shall be in balance with the physical and social elements of the island of Hawaii. * The County of Hawaii shall strive for diversity and stability in its economic system. * The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. * The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. The applicant's overall objective is to provide lots that would allow a variety of uses allowed in the MCX zoning category, including some commercial uses. In so doing, it would service both the limited commercial and light industrial needs of the immediate community, particularly those living in the 8 1/2 Mile Camp, and the broader community as well. The request would provide opportunities and choices for existing and new business to establish themselves in an area that will be shortly served by a good transportation system. Relatedly, all of the required infrastructure will be provided by the applicant without taxing government's servicing ability. Further, the area is located proximate to residential and business areas, making the site accessible also to limited foot traffic. Through the principle of agglomeration economies, development of this area could also help out existing commercial areas. At the same time, the site is located in an area where impacts to the immediately surrounding areas would not be adversely impacted. Residences along the mauka section of Milo Street will not be affected, as Milo Street is planned to terminate at the by-pass. The other residential community is located within 500 feet of the subject site, and as such, the project would be providing some of their needed goods and services. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 The proposed change of zone request would further the County's goals of providing an economic environment which allows new or existing businesses to expand and diversify the County's economic base, and thereby also increase the choice of occupations. The proposed change of zone request would be consistent with the Land Use Element of the General Plan. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance publicly and privately owned resources. It is also intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall Land Use goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. These state the following: * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. * Zone urban- and rural-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. * Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. * The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. * Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access and public need. The location of requested zoning would implement those goals. It is located in an area where there are evolving mixed land uses; yet it would be developed in a Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 manner that would minimize impacts and/or intrusions to existing uses. And the existing uses include both heavy industrial and residential. Further, it would provide uses that would be of convenience to the immediate neighborhood, and all required infrastructure is available. The proposed request would also complement the following goals and policies of the Land Use Industrial and Commercial Elements. Industrial Element * Designate and allocate industrial areas in appropriate proportions and in keeping with the social, cultural and physical environments of the County. * Promote and encourage the rehabilitation of industrial areas which are serviced by basic community facilities and utilities. * It shall be the policy of the County to achieve a broader diversification of local industries by providing opportunities for new industries and strengthening existing industries. * Through its zoning powers, the County shall locate industrial areas convenient to transportation facilities, and provide a variety of industrial zoned districts and lots sizes, depending on the needs of the industries and the communities. * Industrial development shall be located in areas adequately served by transportation, utilities and other amenities. Redeveloping or newly development areas shall be developed in concert with programmed public and privately funded infrastructure to meet the expected needs. * Topography of industrial land shall be reasonably level. * Industrial development shall be conveniently located to its labor resource. * Buffer zones shall be established between industrial and adjacent noncompatible uses of land. Commercial Element * Provide for commercial developments that maximize convenience to users. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 * Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. * Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. * Distribution of commercial areas shall be such as to best meet the demands of the neighborhood, commercial, and regional needs. The surrounding properties consist of a mixture of industrial (power plant), agricultural-commercial type of activities (tropical fruit processing and packing plant, floral packing and distribution operation, future hardware store), vacant agricultural land, some offices, and a residential community (8 1/2 Mile Camp). Also planned is a church and school complex (Hawaii Christian Camping Association). It is clear, then, this area - although proximate to the Keaau core - has mixed land uses ranging from residential to some measure of agriculture to commercial uses to heavy industrial. As Keaau and its surrounding area continue to grow, there will be a need for more industrial and commercially-zoned lands. This is evident by on-going and planned commercial developments within Keaau. This request would help address the demand for light industrial and commercial land needs of immediate neighborhood, community and region. The only existing industrial zoned lands in the Puna District are located off Highway 11 at the Shipman Industrial Park, approximately 7 miles from the subject property. For the East Hawaii area, industrial zoned lands and activities are primarily located in the City of Hilo at the Hilo Harbor, airport and Kanoelehua Industrial areas, about 10 miles away. Further, to help address the commercial and light industrial land needs of a community, alternative sites that a) fall within the broader land use pattern outlined on the General Plan LUPAG Map, and b) have the required infrastructure should be considered. In so doing, there would be enhanced opportunities to satisfy the growing and changing needs of the community. In this situation, the type of commercial uses allowed would help satisfy the needs of the immediate residential neighborhood, who - because of the by-pass - is physically disenfranchised from Keaau Village. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 The subject site also fulfills other policies and standards of the General Plan. The site is or will be serviced by adequate infrastructure. County water lines are already available; police and fire protective services are found within a mile of the site; wastewater systems will be the obligation of the respective lot owners; and all other utilities are available to the site. As such, this zoning and resulting development should not require additional public services to be provided. The site does not have any on-site development constraints. There are no known endangered plant or animal habitats or archaeological features on the site. Finally, the project would be compatible with surrounding areas. Although there are residences in the area, there are natural buffers. To begin with, the by-pass will provide some measure of screening to residents along the mauka side of Milo Street. Then, too, although close to the 8 1/2 mile camp, it is not adjacent. Further, the kinds of goods and services to be provided by future users of this site would be of benefit to these residents. Likewise, the future users of this site could also provide some of the services required by the power plant. And equally so, users will acknowledge, through deed covenants, of the presence and potential impacts of this plant before siting within the project. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action to guide the coordinated growth and development of the County. It reflects a graphic depiction of the spatial relationships among various land uses and the expressed policy statements of the document itself. The LUPAG Map establishes the basic land use pattern for areas within the County. Therefore, changes and requests for amendments to the LUPAG Map must be evaluated against applicable goals, policies and standards of the General Plan. In that regard, this rezoning also conforms to the LUPAG Map which designates the area Industrial. The Industrial designation includes uses such as manufacturing and processing, wholesaling, large storage and transportation facilities and light industrial uses. The Zoning Code has three industrial categories - heavy industrial (MG), light industrial (ML), and mixed industrial - commercial (MCX). Only those zoning classifications would be considered appropriate in the General Plan Industrial area. Thus, no General Plan Amendment would be required to consider this request. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 It should be noted that within the Keaau area, there are other General Plan designations on the LUPAG Map. These include low and medium density, urban expansion, and agriculture and, of course, industrial. These designations outline the desired broad land use patterns for the area. Rezoning requests can, thus, be favorably considered only if they are consistent with the designations of General Plan LUPAG Map. And in this situation, the requested zoning is consistent with the LUPAG Map. If the request were commercial such as CV, it could not have been entertained. But it is not. The request is basically an industrial request with limited commercial uses (MCX). In sum, based on the General Plan LUPAG Map, this is the ONLY area where a MCX zoning can be considered. And a variety of industrial zonings (ML, MG and MCX) are envisioned for this area. Likewise, within the medium density area, a variety of zoning such as CV, RS, or RM - but NOT any one of the three industrial zonings - would be considered appropriate. The project site is situated within close proximity to schools, commercial areas, employment centers and public safety services. The project site is located approximately one mile from the urban/retail/employment of Keaau Town Center. The Keaau Elementary School is located within 5 minutes of the subject property. The police, fire and emergency medical services are also located in Keaau town, one mile from the subject property. All utilities and services are or will be made available to the project site which are essential to accommodate urban development. The principal access to the proposed development would be provided from the proposed Keaau By-Pass Road. However, should the proposed project be developed prior to the completion of the Keaau By-Pass Road, an interim access would be taken via the Milo Street extension. It should be pointed out that should the applicant use the interim access, the applicant must secure access right from W. H. Shipman, Ltd. over this private lot (TMK: 1-6-2:98). According to the applicant, the roadway within the proposed development would be constructed to County standards with a 60-foot right-of-way and 20-foot pavement. The Department of Public Works has recommended that the roadway fronting the subject property be improved to 20-foot wide pavement, in coordination with the other applicants who were granted Special Permits in the area. According to the Department of Water Supply, water would be available upon the installation of off-site improvements which, in part, includes extending the existing 12-inch waterline along Milo Street approximately 500 lineal feet to the subject property. There is no municipal wastewater treatment facility within the area and, therefore, the wastewater Honorable James Y. Arakaki, Chairman and Members of the County Council Page 8 system would be required to meet the approval of the Department of Health. The applicant stated that a cesspool or a septic system meeting with the requirements of the Department of Health will be installed by respective lot owners. According to the Department of Health, a portion of the subject property is located within 1,000 feet of a drinking water well. Therefore, no cesspool or septic system, except for air aerobic package treatment system, would be allowed to be installed within the 1,000-foot radius of the water well. The project area has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The subject property is relatively level with a slight grade. According to the Flood Insurance Rate Map (FIRM), the project area is within Zone X, area determined to be outside the 500-year flood plain. The project area is also located outside of any tsunami inundation area. Any new construction or improvements to the project area must comply with Chapter 27 of the County Code relating to Flood Hazard Control. The subject property was formally cultivated in sugar cane and, therefore, no endangered or threatened species of floral or fauna nor any archaeological sites are anticipated to be found on the subject property. The State of Hawaii ALISH Map classifies portions of the area near the southern and northern boundaries as Prime Agricultural Lands, and the middle portion of the property is not classified. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "C" or Fair. Portion(s) of the subject property would be available for further diversified agriculture. Therefore, the change of zone for this area will not be detrimental to the reduction of this area from the agricultural land inventory in the County of Hawaii. Based on the above findings, this request for a Change of Zone from Limited Industrial (ML-20) to Industrial-Commercial Mixed (MCX-20) zoned district would result in an appropriate land use pattern and further the public convenience, necessity and general welfare. For your favorable consideration, a draft bill to amend Section 25-8-22 (Puna District Zone Map) of Chapter 25, Zoning Code is transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 9 We are enclosing a copy of the application, a copy of the staff Background Report, the Planning Director's unfavorable Recommendation Report and additional agency comments and community testimonies for your information. Sincerely, Kevin M. Balog, Chairman Planning Commission LMccu103.PC Enclosures cc: Mr. Sidney Fuke Mr. James McCully Department of Public Works Department of Water Supply West Hawaii Office Department of Land & Natural Resources Kazu Hayashida, Director/DOT-Highways, Honolulu Rmccu102.skg-1/7/93 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION JAMES MCCULLY CHANCE OF ZONE APPLICATION (REZ 97-17) Upon careful review of the request, the Planning Director is recommending that an unfavorable recommendation for the Change of Zone request be forwarded to the County Council. This recommendation does not, however, sanction the specific plans as submitted with the application as they may be subject to change given the specific code and regulatory requirements of the affected agencies. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This unfavorable recommendation is based on the following findings: In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County, but ultimately, on the future development of the whole island. Effective May 14, 1997, the County Council approved the applicant's request to redesignate a 14± acre portion of the subject property that fronts the private section of Milo Street from State Land Use Agricultural to Urban. Concurrently, the applicant's request to rezone this section of the property from an A-20a to ML-20 zoning the remaining 17± acre portion from A-20a to FA-3a zoning was also approved by the County Council. The applicant proposed to create approximately 14 one-half to one acre sized fee simple industrial lots and approximately five 3-acre Family Agricultural lots. The applicant's overall objective with the MCX-20 zoning is to ATTACH. C-795 (B-219) allow for a greater variety of uses that can service the immediate area. The number of lots will remain the same and be sold at market price. The applicant's goal is to begin occupancy when the Keaau By-Pass Road is completed in late 1998 or 1999. Surrounding properties consist mainly of formerly cultivated sugar cane lands, the HELCO power plant, vacant lands, small agricultural operations and residences. To the northeast of the subject property is the existing AMFAC Tropical Products tropical fruits packing facility and papaya puree processing facility. East of the subject property is the old Puna Sugar Mill operations site; where the old mill operations office is located and where Hawaii Electric Light Company, Inc. (HELCO) presently operates a power plant. Across Milo Street to the south is the site of the proposed Greenhouse Specialists' operation which is greenhouse and nursery supply outlet. To the southeast is the existing Pacific Floral Exchange business. Adjacent and to the east of Pacific Floral Exchange is the proposed school site for Hawaii Christian Camping Association. Lands immediately adjacent to and west of the subject property are vacant formerly sugar cane lands. However, lands further west and southwest are primarily in residential uses. Most of the above uses were established by Special Permits or were permitted agricultural and non-conforming industrial (Puna Sugar Mill) activities. Since then, however, new uses are being more appropriately reviewed and approved through a change of zone request. The proposed change of zone request would not be consistent with the Land Use and Commercial Elements of the General Plan. The existing zoning has been shown to be consistent with the Land Use, Economic and Industrial Elements of the General Plan. However, in reviewing this new request, approval would not be consistent with the Land Use and Commercial Elements of the General Plan. Land use is one of the principle focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. It is also intended to be used as a policy guide for the coordinate growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to -2- designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space. It also serves as the guide to coordinate these uses with the County's service and circulation systems. Likewise, the Land Use Element includes a Commercial Development aspect that requires the same consideration. The Land Use and Commercial Elements require us to evaluate a change of zone request for a particular area in relationship to the following goals, policies, standards and course of action: Land Use * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. * Zone urban- and rural-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. * Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. * The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. * Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access and public need. Commercial Development * Provide for commercial developments that maximize convenience to users. * Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. * Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. -3- * Distribution of commercial areas shall be such as to best meet the demands of neighborhood, commercial and regional needs. Based on the above, we are required to look at the overall picture as to the appropriateness of the request for a particular location using the above guidelines. The proposed change of zone request from Light Industrial (ML-20) to Industrial- Commercial Mixed (MCX-20) would allow commercial uses to be established on the subject property. If approved, commercial uses, as allowable by the Zoning Code, could include art galleries and museums, convenience stores, medical clinics, business, art and vocational schools, offices, retail establishments, theaters and others. Existing commercial (CV-10) zoned lands are already centered in Keaau Town at the intersection of the Keaau-Pahoa Road and the Old Volcano Road, approximately 1,800 feet southwest from the subject property, where commercial uses and traffic patterns have already been established. Existing infrastructure can support commercial development at this location. The completion of the New Bypass Road will also have an impact on the traffic patterns and uses in the area. According to the applicant, the Keaau By-Pass Road, upon its completion, would serve as access to the subject property. The new By Pass Road would, essentially, bisect this area from the existing Keaau Town area, where commercial uses are centered. Further, if we also look at the Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan, which is Industrial, it provides us with a graphic depiction of the spatial relationships among various land uses and the expressed policy statements of the document itself. The LUPAG Map establishes the basic land use pattern for areas within the County. Immediately surrounding this area is the Orchards and Low Density Urban designations. The original zoning reclassification from A-20a to the existing ML-20a was justified as a reasonable expansion of industrial activities associated with the General Plan Industrial designation. When approved earlier this year, the existing ML-20 zoning was determined to be consistent with the urban form depicted for Puna in that it would add light industrial uses serving the Keaau area and its surrounding Puna region in close proximity to other industrial zoned districts and -4- activities. At this time, we believe, that the subject lands are more appropriately used for agricultural/industrial uses and that commercial uses could be more appropriately established in the Keaau Town Center where such uses are centered or in the future, can be established in the General Plan Urban Expansion area. Therefore, from a land use perspective, to allow further higher density commercial uses through the MCX zoning in this General Plan Industrial area, would be inappropriate at this time. Since 1971, the area of the old Puna Sugar Mill has been designated as an Industrial Area. During the 1989 General Plan Comprehensive Review, the Industrial Area designation was expanded by redesignating lands in the vicinity from Intensive Agricultural and Orchards to Industrial. This area was considered for industrial expansion as a variety of Industrial uses have been established in the vicinity through the Special Permit process. At that time, the County had determined that the industrial designation would promote and encourage additional utilization of the area. Also in 1989, it was observed that traffic patterns already indicated tremendous movement across the Puna-South Hilo District boundary. To facilitate this growth, during the 1989 General Plan review, the lands on the eastern side of the existing Keaau urban area were redesignated from Orchards and Urban Expansion to Low Density Urban. Likewise, the lands to the west and southwest side of Keaau Town were redesignated from Orchards to Urban Expansion. The center of Keaau Town is designated Medium Density Urban. These existing, Low Density Urban, Medium Density Urban and Urban Expansion areas can more appropriately accommodate commercial development for the area. Finally, in July 1994, the State Land Use Commission approved a boundary amendment for the Office of Slate Planning from an Agricultural to Urban district for approximately 660 acres of land owned by W.H. Shipman, Ltd. The subject property is located within close proximity to the newly designated Urban lands surrounding the Keaau Town area, which would accommodate W.H. Shipman's master plan for Kcaau which would include a mix of commercial, industrial, residential, parks and open space and public facilities. As such, the project site is situated within close proximity to -5- existing commercial areas and existing urban expansion lands planned for development. Based on the above, adequate lands are available for commercial zoning in the area and a ML-20 zoning is appropriate for the subject property. The request for a Change of Zone from a Light Industrial (ML-20) to Commercial-Industrial Mixed (MCX-20) zoned district would not result in an appropriate land use pattern and would not further the public convenience, necessity and general welfare. Therefore, it is recommended that this request be denied. A draft bill to amend Section 25-8-22 (Puna District Zone Map) of Chapter 25, Zoning Code is provided for your information. Please note that due to the denial recommendation, there are no conditions attached to the draft bill. -6- COUNTY OF HAWAII STATE OF HAWAII BILL NO. PLANNING DEPT. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-22 (PUNA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM LIMITED INDUSTRIAL (ML-20) TO INDUSTRIAL - COMMERCIAL MIXED (MCX-20) AT KEAAU, PUNA, HAWAII, COVERED BY TAX MAP KEY 1-6-03:POR. OF 5. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-22, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Keaau, Puna, Hawaii, shall be Industrial - Commercial Mixed (MCX-20): LAND COURT APPLICATION 1053 Portion of Lot 27 As shown on Map 6 Keaau, Puna, Island of Hawaii, Hawaii Beginning at a point at the southwest corner of this parcel of land being also the southeast comer of Lot 1150-D-2-A and at the northerly side of Milo Street and running by azimuths measured clockwise from true South: 1. 167° 44' 1085.13 feet along Lot 1150-D-2-A, Land Court Application 1053; 2. 257° 44' 600.01 feet along remainder of Lot 27; 3. 347° 44' 960.00 feet along Exception 7 to a point at the northwesterly side of Milo Street; 4. 56° 44' 106.25 feet along the northwesterly side of Milo Street; 5. 67° 17' 480.00 feet along the northwesterly side of Milo Street; 6. 77° 45' 28.78 feet along the northerly side of Milo Street to the point of beginning and containing an area of 14.234 Acres. All as shown on the map attached :.;veto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: d C CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of Ist Reading: Date of 2nd Reading: Effective Date: APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -2- c P n-ao. Y1-20 S. A-a0. LIMITED INDUSTRIAL -10 (ML-20) TO COMMERCIAL MIXED INDUSTRIAL- .6 (MCX20) ma .20 A-20. AREA: 14.234 ACRES 20. A-ao. A ao 2 _ O 20. W cr \ n-s. \ J or A 20. \ \ A-20. A-a0. A-20. w \I I rA•a. A-a0. 1.20. 1 1 " I I 4 1 A-20. i I uT I J O A. 20. I ~ A-a0. I 4 t)•1 STREET es•1 MIL 95.1 A-2o. n-2o. t5.1 50.E A-20. NOA M a 9S-IS T 19 ~ UNIVNI tf •10 y a L 4 A-20. 1 0 a YG 95.10 IC A. 20. I 4+ [s•If ~ 93.15 Z K. I m 9s it 7• , Lh' I 0 es-I0 O h' 1 th' a ~l A-20. A-ao. 10 95-10 A-20. tl -M-~ A-20. O 11 w1r1 I I AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-22 (PUNA DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM LIMITED INDUSTRIAL (ML-20) TO INDUSTRIAL-COMMERCIAL MIXED (MCX-20) AT KEAAU, PUNA, HAWAII. PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII TMK 1-6-03: 5 DECEMBER 26, 1997 EXHIBIT "A" aA.1ES YCCUu.7 Bmccu102.sU-1/7/98 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT JAMES MCCULLY CHANGE OF ZONE APPLICATION (REZ 97-17) JAMES MCCULLY is requesting a Change of Zone by changing the district classification from Limited Industrial (ML-20) and Industrial-Commercial Mixed (MCX-20), for approximately 14.234 acres of land. The property is located approximately one mile east of the Keaau Town Center at the end of Milo Street in the vicinity of the former Puna Sugar Company Mill site, Keaau, Puna, Hawaii, TMK: 1-6-3:05 (Portion). GENERAL INFORMATION I. Landowner Authorization: The landowner of the subject property is James and Francine McCully. 2. Permission to Use Roads: The subject property is bound by private roads along the north and south property boundaries. Permission to use these private roads have been granted by deed from W.H. Shipman, Ltd. (See Exhibit A) 3. Ordinance No. 97-66 and Ordinance No. 97-67: The County Council approved Ordinance No. 97-66, effective May 14, 1997, which redesignated a 14+-acre portion of the subject property that fronts the private section of Milo Street from State Land Use Agricultural to Urban. The County Council also approved Ordinance No. 97-67 to rezone the subject property from A-20a to ML-20 and FA-3a, effective May 14, 1997. The applicant intended to develop a mixture of industrial and agricultural lots to service the needs of the community and region in the Puna District. The ML-20 zoning would allow for approximately 14-one-half to one acre sized fee simple lots and the remaining 17±-acre portion that was rezoned to FA-3a would allow the creation of five 3-acre lots. APPLICANT'S R_F.OUEST 4. Request: The applicant is requesting that the existing ML-20 zoned portion of the subject property be rezoned to MCX-20 to allow for a greater mix of uses. 5. Plans Submitted: The conceptual subdivision plans indicate the 31 +-acre parcel subdivided into approximately 14 one-half to one acre lots with ML-20 zoning at the Milo Street end (south) and five 3-acre lots with FA-3a zoning toward the northern boundary. A proposed 60-foot right-of-way bisects the property in a north-south direction, connecting to both roadway frontages. The plan also reflects the proposed Keaau By-Pass Road right-of-way alignment on the mauka (west) side of the subject property. 6. 7. Access: Upon completion of the proposed Keaau By-Pass Road, that new road would serve as the principal access to the subject property. All roads adjacent to the property are easements privately-owned by W.H. Shipman, Ltd. and were previously cane haul roads for Puna Sugar Company. By deed, the applicant has right-of-access over the private roadway lots 26, 30, 32 and 34, a portion of Keaau Road designated as Easement I and a portion of Keaau Road abutting the northern boundaries of lots 27, 34 and 33. The applicant does not have right of access over lot 1149, which is the portion connecting the county-owned with the private-owned section of Milo Street. 8. Additional Information: The applicant has submitted a Change of Zone Application and County Environmental Report and letter and attachments dated December 9, 1997. (See Exhibit B) STATE AND COUNTY PLANS 9. SLU: Urban, for the portion of the subject request. Agricultural, for the portion of the property zoned FA-3a. 10. State Plan: The existing Urban District and industrial development is consistent with the following goals, objectives and policies for the economy. * A strong, viable economy, characterized by stability, diversity, and growth that enables the fulfillment of the needs and expectations for Hawaii's present and future generations. * Increased and diversified employment opportunities to achieve full employment, increased income and job choice, and improved living standards for Hawaii's people. -2- * Expand existing markets and penetrate new markets for Hawaii's products and services. * Stimulate the development and expansion of economic activities which will benefit areas with substantial or expected employment problems. I1. General Plan: The existing zoning is consistent with the following goals, policies, standards and courses of action of the General Plan. Land Use Element * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. * Zone urban- and rural-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. * Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. * The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. * Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access and public need. Economic Element * Provide residents with opportunities to improve their quality of life. * Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. * The County of Hawaii shall strive for diversity and stability in its economic system. * The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. -3- * The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. Industrial Element * Designate and allocate industrial areas in appropriate proportions and in keeping with the social, cultural and physical environments of the County. * Promote and encourage the rehabilitation of industrial areas which are serviced by basic community facilities and utilities. * It shall be the policy of the County to achieve a broader diversification of local industries by providing opportunities for new industries and strengthening existing industries. * Through its zoning powers, the County shall locate industrial areas convenient to transportation facilities, and provide a variety of industrial zoned districts and lot sizes, depending on the needs of the industries and the communities. * Industrial development shall be located in areas adequately served by transportation, utilities and other amenities. Redeveloping or newly developing areas shall be developed in concert with programmed public and privately funded infrastructure to meet the expected needs. * Topography of industrial land shall be reasonably level. * Industrial development shall be conveniently located to its labor resource. * Buffer zones shall be established between industrial and adjacent non compatible uses of land. * The County shall identify sites suitable for future industrial activities. 12. General Plan LUPAG MAP: Industrial. Since 1971, the area of the old Puna Sugar Mill has been designated as Industrial. During the 1989 General Plan Comprehensive Review, the Industrial area designation was expanded by redesignating lands in the vicinity from Intensive Agricultural and Orchards to Industrial. This area was considered for industrial expansion as a variety of industrial uses have been established in the vicinity through the Special Permit process. The County had determined that the industrial designation would promote and encourage additional utilization of the area. -4- Also, in 1989, it was observed that traffic patterns already indicated tremendous movement across the Puna - South Hilo District boundary. Keaau is in close proximity to the City of Hilo and has an excellent transportation link via the Volcano Highway- Kanoelehua Avenue. In addition. Keaau provides a natural focal point provided by the highway system that could result in the concentration of additional goods and services at Keaau. To facilitate this growth, also during the 1989 review, the lands on the eastern side of the existing Keaau urban area were redesignated from Orchards and Urban Expansion to Low Density Urban. Likewise, the lands to the west and southwest side of Keaau Town were redesignated from Orchards to Urban Expansion. Areas further to the east of the subject property are designated Intensive Agricultural and other surrounding areas are Orchards. Lands to the west are designated Low Density Urban. (See Exhibit C - General Plan Map for Keaau Area) 13. Zoning: Light Industrial (ML-20). The proposed Industrial-Commercial Mixed (MCX-20) district is a new designation that was included in the new Zoning Code, which was adopted on December 7, 1996. (See Exhibit D - Excerpts from Zoning Code, Division 13, for permitted uses in INIL and bICX) 14. SMA: Not applicable. 15. LUC Docket No. BR93-699 (LUC No. 884): In July 1994, the State Land Use Commission approved a petition filed by the Office of State Planning for a boundary amendment from Agricultural to Urban District for approximately 660 acres of land owned by W.H. Shipman, Ltd. The newly designated Urban lands, located within the vicinity of the subject property, would accommodate W.H. Shipman's master plan for Keaau and include a mix of commercial, industrial, residential, parks and open space and public facilities. (See Exhibit E) DESCRIPTION OF PROPERTY AND SURROUNDING AREAS 16. Subject Property: The entire property is approximately 31.276 acres in size and is vacant and overgrown with California, Guinea grass and sugar cane. The site is rectangular shaped and relatively level with a slight grade to the east. Several paved -5- and gravel cane haul roads traverse the subject property, but are not roadways of record. The area of request is approximately 14.234 acres in size. 17. ALISH: Portions of the subject property are classified as "Prime Agricultural Lands" and portions are "Not classified". 18. FIRM: Zone "V or outside the 500-year flood plain. 19. U.S.D.A. Soil Type: Olaa Silty Clay Loam (OaC), which consists of dark brown extremely stony silty clay loam about 16 inches thick with a dark-brown subsoil that is extremely stony silty clay loam about 9 inches thick and underlain by Aa lava. This soil has a medium acid surface layer and a slightly acid subsoil. Permeability is rapid, runoff is slow and the erosion hazard is slight. This soil is mainly used for sugarcane. 20. Land Study Bureau Soil Rating: "C" or Fair. 21. Drainage: Standard drainage improvements would be developed in accordance with requirements of the Department of Public Works. 22. Floral/Faunal and Archaeological Resources: Although no floral and faunal surveys were conducted, the site had been cleared and previously planted in sugar cane. Due to the quasi-urban setting of the subject and immediate area, impacts to endangered faunal species should be negligible. Similarly, it is highly unlikely that any archaeological remains would be present on the site. 23. Surrounding Zoning and Land Uses: Properties immediately surrounding the subject parcel are similarly zoned A-20a. Surrounding properties consist mainly of formerly cultivated sugar cane lands, the Hawaii Electric Light Company, Inc. (HELCO) power plant, vacant lands, small agricultural operations and residences. To the northeast of the subject property is the existing AMFAC Tropical Products tropical fruit packing and papaya puree processing facilities. East of the subject property is the old Puna Sugar Mill operations site; where the old mill operations office is located and where HELCO presently operates a power plant. Across Milo Street to the south is the site of the proposed Greenhouse Specialists' operation and to the southeast is the existing Pacific Floral Exchange business. Adjacent and to the east of Pacific Floral Exchange -6- is the proposed school site for Hawaii Christian Camping Association. Lands immediately adjacent to and west of the subject property are vacant formerly sugar cane lands. Lands to the southwest of the subject property on Milo Street, along the first 1,800± section of Milo Street, are lots approximately 13,000 square feet in size which are zoned RS-10. Existing uses along Milo Street are mainly single-family residential in nature. A few RS-15 zoned properties are also located in the area, including a former plantation camp to the east. Along the intersection of Milo Street and the old Volcano Road are properties zoned CV-10. A Service Station was recently constructed at the corner of this intersection. Approximately 1,800 feet southwest of the Keaau-Pahoa/Old Volcano Road intersection is the Keaau Town Center where existing Village Commercial (CV-10) lands are available. 24. Special Permits in the Area: The following Special Permits were issued in the area: A. Special Permit No. 686 was granted to HELCO in November 1988, on TMK: 1-6-03:93 (previously portion of 05) to the north of subject property, to continue to operate an electric power plant that was previously operated by Puna Sugar Company. B. Special Permit No. 671 was granted to the Hawaii Anthurium Growers Cooperative in August 1988, on TMK: 1-6-03:21 (to the east), to establish a processing and a packing facility for anthuriums and other flowers. C. Special Permit No. 707 was ;ranted to AMFAC Tropical Products in June 1989, on TMK: 1-6-03:18 & 23 (further east of the flower processing), to establish a fruit packing and processing plant. D. Special Permit No. 418 was granted to AMFAC Tropical Products in March 1979 and expanded in June 1989, on TMK: 1-6-03:portions of 5 and 73 (northeast of the subject), to establish tropical fruit packing and papaya puree processing facilities. Note: Special Permits No. 671, 707 and 418, which involve processing agricultural products grown off site, are now permitted uses. E. Special Permit No. 925 was granted to the Hawaii Christian Camping Association, Inc. in February 1996, on TMK: 1-6-03:17, to establish a church, -7- school and related improvements. F. Special Permit No. 931 was granted to Greenhouse Specialists, Inc. in February 1996, on TMK: 1-6-03:20, to establish a greenhouse and nursery supply outlet. 25. Existing Industrial Zoned Lands: Existing industrial zoned lands in the Puna District are located off Highway 11 at the Shipman Industrial Park, approximately .7 miles from the subject property. The County Council approved the General Industrial (MG- 20) zone district effective August 19, 1986, for approximately 488± acres of land for the development of Shipman Industrial Park. A portion of the Shipman Industrial Park has been subdivided in increments between 1987 - 1991. There are presently a total of 88 lots with average lot size ranging from one half acre to 3 acres. According to Real Property Tax records, approximately two-thirds of the lots have been sold in fee. The existing uses in the area include: heavy equipment construction baseyards, building supplies baseyard, paving construction baseyards, distributor warehousing, supermarket warehousing, industrial/manufacturing baseyards and other uses. Allied Aggregates leases one of the larger lots for its existing quarrying operation. For the East Hawaii area, industrial zoned lands and activities are primarily located in the City of Hilo at the Hilo harbor, airport, Kanoelehua and Shipman Industrial Park areas. Industrial expansion since 1970 has largely occurred through the expansion and in-filling of these areas. 26. Existing Commercial Zoned Lands: Existing commercial zoned lands (CV-10) lie approximately 1,800 feet southwest of the subject property within the Keaau Town Center beginning at the top of Milo Street moving southward. Old buildings were recently torn down in the Keaau-Pahoa Road/Old Volcano Road intersection, making room for new commercial development, including the recently constructed McDonalds restaurant. Based on the redesignation of W.H. Shipman owned lands from a State land Use Agricultural to Use Urban district, it is anticipated that additional commercial-zoned lands will become available. PUBLIC SERVICES AND FACILITIES 27. Access: Access to the subject property is from the Old Volcano Road onto several -8- private gravel roadway lots (old railroad alignment). One of the Gravel roadway lots fronts the northern property boundary and curves around to the Milo Street side of the property. These roadway lots are privately-owned by W.H. Shipman, Ltd. and previously used as cane haul roads for Puna Sugar Company. Milo Street, also a County maintained road, intersects the Old Volcano Road and has an existing 18-foot wide pavement with 4-foot wide rolled asphaltic-concrete curb sidewalks along the southern side (Volcano). The County-owned portion of Milo Street extends in the easterly direction approximately 1,800 feet from the Old Volcano Road to a private road lot (TMK: 1-6-2:98) owned by W. H. Shipman, Ltd. Milo Street then extends further to the east from TMK: 1-6-2:98, along the frontage of the subject property and running past the subject property. This portion of Milo Street extension is also privately owned by W.H. Shipman, Ltd. It is paved to a width of approximately 28 feet up to TMK: 1-6-0321 (a parcel southeast of the subject property),is in poor condition with patched potholes. A small portion of the roadway between the County and the private portion of Milo Street is owned by W. H. Shipman, Ltd. The applicant presently does not have easement rights over this roadway lot (lot 1149). However, this portion of the roadway (TMK: 1-6-2:98) will be eventually conveyed to the State as part of the Keaau By-Pass Road project, which will run along the property's southwestern boundary. The project site is not anticipated to be available until the Keaau By-Pass Road is completed. The new Keaau By-Pass Road will then serve as the principle access to the lots. (See Exhibit F - Map showing access from Easement 1 and area where no access is allowed) 28. Traffic: A Traffic Impact Analysis Report (TIAR) was prepared by M&E Pacific, Inc. dated September 1996. The report was based on the Limited Industrial (ML) zoning designation. It was concluded that the proposed development was not anticipated to have an adverse traffic impact on the neighboring roadway system and that the construction of the Keaau By-Pass Road should reduce the traffic impact on existing roadways. An Addendum to the Traffic Impact Analysis Report, dated January 1998, was prepared by M&E Pacific to address the impact of the proposed -9- mixed zoning. Traffic forecasts were made for the year 2003, when the Keaau-Pahoa Bypass Road and the proposed project are expected to be complete. At that time, as the Milo Street extension from Keaau town will not connect with the Bypass Road, only traffic volumes on the Bypass Road were considered. Results of the evaluation indicated the need for mitigative actions in the future, such as traffic signals, in the AM peak. The report goes on to say that, normally, traffic signals are installed when the existing traffic volumes meet the warrants and are not based on short-range traffic forecasts. As such, the report recommends that traffic signal conduits be installed at the Bypass intersection when it is built and that the traffic signals be installed when warranted by actual traffic volumes. (See Exhibit G - Excerpts from the Addendum to the Traffic Impact Analysis Report) 29. Water: Water is available to the subject site from an existing 12-inch waterline along Milo Street approximately 500 feet from the property. According to the Department of Water Supply, the required water commitment deposit is $15,300.00. Since the initial change of zone, the facilities charge has increased from $275,850 to $344,813. 30. Wastewater: There is no municipal wastewater system in the area. A cesspool or a septic system meeting with the requirements of the Department of Health will be installed by respective lot owners. According to the Department of Health, a portion of the subject property is located within 1,000 feet of a drinking water well. Therefore, no cesspool or septic system, except for air aerobic package treatment system, would be allowed to be installed within the 1,000-foot radius of the water well. 31. Other Utilities/Services: Electricity and telephone are available to the subject property. Police, fire protection and emergency medical services are located in the village of Keaau, less than one mile from the subject property. AGENCIES' COMMENTS 32. Police Department (October 28, 1997 Memo): "We reviewed the above application for a change of zone and have no comments or objections to offer at this time." 33. Real Property Tax Office (November 4, 1997 Memo): -10- "At the present time, this office is assessing this 31.276 acre parcel as agricultural and not industrial. It is currently not in the agricultural use or agricultural dedication program. " 34. Department of Health: (October 28, 1997 Memo:) "The Department of Health has concerns due to the location of a drinking water well within 1,000 feet of the proposed subdivision and that there are no sewers in the area. No Cesspool or septic tank system is allowed to be built within the subdivision that falls within the 1,000 feet radius. The subdivision map will show a 1,000 feet radius from the Keaau Well." See Exhibit H - Applicant's response dated November 18, 1997 from Sidney Fuke) 35. Department of Public Works: (See Exhibit I - November 4, 1997 Memo and Exhibit H - Applicant's Response dated November 18, 1997) 36. Department of Water Supply: (See Exhibit J - November 4, 1997 and December 18, 1996 Memos) (See Exhibit H - Applicant's Response dated November 18, 1997) 37. HELCO: (See Exhibit K - December 30, 1997 Letter) AGENCIES - NO RESPONSE 38. State Land Use Commission, Department of Land and Natural Resources, Natural Resources Conservation Service, Department of Transportation. COMMUNITY COMMENTS 39. No letters were received from the community. -11- SidneyFuke&ASSOt;lates 100 Pauahi Street, Suite 212 a Hilo. Hawaii 96720 Consulting Land Use Planners Telephone: 18081969-1522 a Fax: 18o61969-7996 December 9, 1997 - Ms. Virginia Goldstein, Director Planning Department COUNTY OF HAWAII 25 Aupuni Street Hilo, Hawaii 96720 Dear Ms. Goldstein: Subject: Rezoning Request (REZ 97-17), ML-20 to MCX-20 James McCully. TMK: 1-6-03:aortion of 5 Transmitted for your appropriate action is a copy of rights-of-way document indicating that the applicant has access to the site from existing easements adjacent to the subject site. We trust that these documents, which were also used in conjunction with the ML-20 zoning of the site, is sufficient for your purposes. If not or if there are questions on this matter, please feel free to contact this office. Thank you very much. Sincerely, S NEY M. FUKE Planning Consultant enclosure cc James McCully w/o enclosure EXF~IBIT 1? 95th TITLE GUARANTY OF HAWAII INCORPORATED 2321205 R WH SHIPMAN LTD nuNOLCLO. HAWAII E MC CULLY JAMES W DATE OF RECORDING JULY 08, 1996 DESCRIPTION RESTR IN DEED 43700 TITLE GUARANTY OF HAWAII, INCORPORATED DOCUMENT TYPE REL HEREBY CERTIFIES THAT THIS IS A TRUE COPY TCT NO. 477583 OF THE ORIGINAL DOCUMENT RECORDED AS FILE 324451•DM LAND COURT DOCUMENT NO. 2321205 AND NOTED ON TRANSFER CERTIFICATE ' OF TITLE N0. 477583 ON JULY 08, 1996 110):30(/pA...MM~. BY: VF' ~`A'V D.U.1yN After Recordation. Return by Mail (7) Pict-up ( ) (Tat b MS JAMES WM MCCULLY TO: 324451 P O'BOX 335 TOPS: 963020471 HAKALAU, HI 96710 PAMELA M PACHECO L J Tax Map Key: (3)1/6/003/005 TITLE OFDOCUMENP: RELEASE OF DEED RESTRICTION PMP LAND COURT REGULAR SYSTEM AFTER RECORDATION, RETURN BY MAIL (X) PICK-UP ( ) AFFECTS TMK:(3)1-6-003:005 RELEASE OF DEED RESTRICTION WITH COVENANTS THIS RELEASE OF DEED RESTRICTION WITH COVENANTS is executed and entered into by and between W.H. SHIPMAN, LIMITED, a Hawaii corporation, whose mailing address is P.O. Box 950, Keaau, Hawaii 96749, hereinafter referred to as "RELEASOR", and JAMES WM. McCULLY, husband of FRANCINE MORALES McCULLY, whose address is P.O. Box 355, Hakalau, HI 96710 hereinafter referred to as "RELEASES". WITNESSETH: WHEREAS, by Deed dated May 20, 1938, filed in the office of the Assistant Registrar of the Land Court as Document No. 43700, RELEASOR conveyed to Olaa Sugar Company, Limited, a Hawaii corporation, certain real property described therein, including the real property described in Exhibit "A" attached hereto and incorporated herein by reference (hereinafter the "Property"); and WHEREAS, the corporate name of Olaa Sugar Company, Limited, was changed to Puna Sugar Company, Limited as disclosed by Land Court Order No. 18820 filed on March 20, 1961. The corporate name of Puna Sugar Company, Limited, was changed to PSC Corporation on December 30, 1968, and the corporate name of PSC Corporation was changed to Puna Sugar Company, Limited on January 9, 1969 as disclosed by Land Court Order No. 38823 filed on December 11, 1973. This Land Court Order issued a new Transfer Certificate of Title No. 164,740; and WHEREAS, the above-described Deed contained several conditions and restrictions, one of which was the following (hereinafter "Deed Restriction"): "That the said Grantee shall not suffer or permit any person, firm or corporation, other than the said Grantee, to establish or undertake the establishment upon the said conveyed promises, or any part thereof, of any store or stores which will, or might, in any manner, compete with the commercial pursuits of the tenants of the Grantor who hold any part of the Grantor's land in Keaau Village; and that the said Grantee will neither let or lease any part of the said conveyed lands or sell the whole or any part thereof except upon the express condition to be inserted in the instrument of conveyance or lease that the Grantee or Lessee therein named will not use or permit the use of the promises thereby conveyed or leased in violation of this condition; upon any violation of this condition by said Grantee, its successors or assigns, said Grantor shall have the right to re-enter upon that portion of the premises granted, leased, sub-let or used in violation of this condition and the title to such portion shall then and thereby re-invest in said Grantor. This condition shall be binding on the said Grantee and its successors and assigns"; and WHEREAS, RELEASEE is the successor of Puna Sugar Company, Limited. and is now the owner of the Property described in Exhibit "A", and has requested RELEASOR to release the Deed Restriction from the Property; and WHEREAS, all of the other restrictions and conditions will remain; and WHEREAS, in consideration of the release of the Deed Restriction, RELEASEE has agreed to share in the cost of maintenance of certain roadways owned by RELEASOR over which there is an easement appurtenant to the Property, and has agreed to refrain from seeking or obtaining any Special Permit under Hawaii Revised Statutes Section 205-7 for industrial or commercial use of the Property. NOW, THEREFORE, in consideration of the promises, covenants and agreements of the parties herein contained, RELEASOR and RELEASEE covenant and agree as follows: 1. RELEASOR does hereby forever discharge and release the Property described in Exhibit "A" from the above described Deed Restriction, which shall no longer be enforceable against the Property or its owners and their successors and assigns. However, this shall not operate as a release of the Deed Restriction from any other land described in the above mentioned Dead dated May 20, 1938, other than the Property described in Exhibit "A" attached hereto. 2. RELEASEE, on behalf of himself and his successors, heirs and assigns, does hereby covenant and agree 1) to share, on a pro-rata basis, the cost of maintenance and repair of the roadways over which there is an easement appurtenant to the Property, said roadways being Lots 26, 30, 32 and 34, and a portion of Keaau Road designated as easement "1" which crosses Lot 23, and that portion of Keaau Road abutting the northern boundaries of Lots 27, 34 and 33, as shown on Map 6 of Land court Application No. 1053 (as amended) of W.H. Shipman, Limited, 2) to share, on a pro-rata basis the cost of any improvements to said roadways deemed necessary or appropriate by RELEASOR or any governmental entity, and 3) in the event any of said roadways are dedicated to the County or State of Hawaii, RELEASEE shall release and relinquish all easement rights in said roadways. 3. RELEASEE, on behalf of himself and his successors and assigns, does hereby further covenant and agree that he shall not, at any time now or in the future, request or obtain any Special Permit pursuant to Hawaii Revised Statutes Section 205-7 for any industrial or commercial use of the Property. However, RELEASEE may obtain appropriate State and County zoning for any such use. 4. The above covenants and agreements shall be appurtenant to and run with the Property and shall inure to the benefit of and be binding upon the parties respective successors, heirs personal representatives and assigns. DATED: Keaau, Hawaii, June 20, 1996. W. H. SHIPMAN, LIMITED By AQ~ - itw(-Z'Q~ r'd ck4j I-W j By its RELEASOR B James Wm. McCully By PlD~ AdWk, Francine Morales McCully RELEASEE STATE OF HAWAII ) SS: COUNTY OF HAWAII ) 017 tl3 On this ~€e day of June, 1996, before me personally appeared I{O~ 5 • fj(a c~SheoC1r and ~oS er t L ~r' , to me known, who, being by me duly sworn, did say that they are the _~pct rcL 0 ~n 1 r ma n, and PrQ 5 % d e n_~ ,respectively of W.H. SHIPMAN, LIMITED, a Hawaii corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said Ro..~ 6 . NQC- Sl.eor and {ber-k C. CpoQpr severally acknowledged said instrument to be the free act and deed of said corporation. Notary Public State of Hawaii My commission expires: 9fo STATE OF HAWAII ) SS: COUNTY OFH~A,,W,(AII ) ~2n this day of L II 1996, before me personally p eared ~ N1 L and " L U-b", 7 -TS ( C - ( t ivy Pr to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and -N\ 0\ deed. Notary Public State of Hawaii My commission expires: 051 ) 3 I~ JAMES W. MCCULLY whose full and legal name is JAMES WILLIAM MCCULLY. EXHIBIT NAH All of those certain parcels of land situate at Keaau, District of Puna, 1-'and, County and State of Hawaii, described as follows: Lot 27, area 31.276 acres, more or less, as shown on Map 6, filed in the Office of the Assistant Registrar of the Land Courts of the State of Hawaii with Land Court Application No. 1053 (amended) of W.H. Shipman, Limited; Together with a perpetual easement of way in, over and upon Lots 26, 30, 32 and 34, and a portion of Keaau Road designated as Easement "I" which crosses Lot 23; and that portion of Keaau Road abutting the Northern boundaries of Lots 27, 34 and 33, as shown on Map 6 of the said Application; Being the land(s) described in Transfer Certificate of Title No. issued to James Wm. McCully and Francine Morales McCully. END OF EXHIBIT "A" TEL "o.bC8 x`:7:46 Sep n.d7 11 aC ho.OC6 P.02 COUNTY OF HAWAII PLANNING DEPARTMENT CHANGE OF ZONE APPLICATION (Type or legibly print the requested information) APPLICANT: James MCC 41 APPLICANT'S SIGNATURE: DATE1.0/2/97 ADDRESS: P.O. Box 5 Hakalau, HI 96710 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.)(808) 963-6233 (Res.) (Fax) (808) 963-6736 LANDOWNER(S): Francine McCull LANDOWNER SIGNATURE(S) LV~t~ k:.. (t~ DATE: 10/2/97 LANDOWNER(S) ADDRESS: ay be by letter) REQUEST: MI-20 TO MCX-20 TAX MAP KEY: (existing zoning) (3) 1-6-03: S por (Proposed Zoning) STREET ADDRESS OF PROPERTY: None SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 14.234 acres AGENT: Sidney Fuke ADDRESS: 100 Pauahi Street, suite 212 Hilo, HI 96720 TELEPHONE: (Bus.) (808) 969-1522 (Res.) (Fax) (808) 961-2776 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney Fuke James McCully B (See Instructions on Reverse Side) ATTACHMENT Commercial, RM, Resort, i Industrial PLANNING DEPARThENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subaivide the subject land in accordance with the approved change of zone. yes If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? 14+ acres b. Into what lot sizes? 20,000 to 1 acre 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 immediately for preliminary approval? y 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 wno has firm plans? b. Sell or lease the land to someone who has tentative plans? C. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) f. If you intend to do either a, o, or c, please elaoorate on the kind of plans the other party nas. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to anocner party. 3. What specific building plans do you have for the subject land? Include in your answer the following: type of ouiiding (apartment, office, launderette, etc.); financing arrangement; timetable for construction; and any other information wnich you feel might help us in evaluating your request. The goal is to make these MCX lots available to buyers who, inturn, would develop the lots. Tentative uses include a gas station, restaurant, and the like. a. Have you performed any study whicn would demonstrate a need for your proposed building anc/or development? no if so, please elaborate on your findings in the space provided oelaw. -2- 5. Have you performed any study wnicn discusses the environmental impacts your request would nave on the surrounding area and/or the County? yes 1 so, please elaborate on your fincinds in the space croviceo oelow. Please refer to attached County Environmental Report 3. Are there any buildings on the subject area? no if so, what kind? What co you intend to do with those cuildings if your request is approved? 7. Is the subject land currently being used far any agricultural activitity? no If so, please list the kinds of products grown and on how many square feet or acres of land per product. -3- 8. To your knowledge, has there been any flooding and/or drainage problem on the subject area? no if so, please describe the problem. 9. Do you think that the roads leading to the subject area needs improvement? yes If so, what kind? The applicant, together with other obligated users of the Milo Street extension, will make the necessary roadway improvements from the Keaau by-pass. Is the road adequate for the proposed traffic volume or load? yes 10. what sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? yes NO a. Schools x x b. Roads x c. Sewer d. Drainage x e. Police Protection x f. Fire Protection x g. Recreational Facilities x h. Public Utilities x i. Other x -4- TEL NC .3CS9e~7.96 Sep -16.97. :::4G ha.CC6 P.O- I1~ I Fer nose cnecked ,yes,,, olease elaborate ,mat type or kinds of improvements and/or assisCance a--_ needed. i i I 11. Have you performed any historic sites study and/or survey of ;re subject area? If so, what were the results? Please, also, submit a copy of the Study togetre: with tris change of zone supplement. No commissioned survey was performed as the site has been used intensively for over.-50 years sugar ca e. ti signature: Address: .0 x 355 H k a HI 96710 Telephone: \ 808) 963-6233 Cate: Oct. 2, 1997 -5- 6338A/50A P.C. 5/84 3 COUNTY ENVIRONMENTAL REPORT REZONING REQUEST JAMES McCULLY TAX MAP KEY: (3) 1-6-03: 5 POR KEAAU, PUNA, HAWAII I. INTRODUCTION The applicant, James McCully, is requesting a 14.234 acre portion of the subject property to be rezoned from Limited Industrial (ML-20) to Industrial-Commercial Mixed District (MCX-20) in Keaau, Puna, Hawaii. The property is located approximately one mile east of the Keaau Town Center at the end of Milo Street, in the vicinity of the former Puna Sugar Company Mill site. The requested area is a portion of a 31+ acre area. Earlier this year, the requested area (14.234 acres) was rezoned from Agricultural (A-20a) to Limited Industrial (ML-20). (Ordinance No. 97-67). The intent of the initial request was to allow limited industrial and small scale agricultural activities. It was not intended to be oriented to heavy or general industrial uses. ARer submittal of the Limited Industrial rezoning request, the new Zoning Code was adopted which created the requested mixed Industrial/Commercial district. Based on the area's surrounding uses, the applicant believes that the more appropriate zoning would be the MCX district, as it would allow a variety of uses that can service the immediate neighborhood. R. PROJECT LOCATION The subject area is located in the vicinity of the former Puna Sugar Mill in Keaau. Specifically, it is located beyond the paved portion of Milo Street. (Figure 1) A Special Permit (SP 96-3) was recently approved for a greenhouse material supply house on a property immediately across or south of the subject area. (Figure 2). A floral packing plant is located adjacent and to the east of the greenhouse material supply house. Further west of the subject area, a church and school complex was also approved and is scheduled for construction within the next two years. Access to the site will be via the Keaau By-pass road, which should be completed within the next two years. There are alternative accesses in the interim, which include a north/south access that goes to a papaya processing and packing plant; and a road coming from the Keaau-Pahoa Highway. All of these accesses are private. Although the parcel consists of 31+ acres, the requested zoning covers only 14+ acres. 1 t t-forl . H ~ \ 1 o, t ~ p ST o~ P.{ 3~ iP n ~O ~P KEAAL / VILLAGE II / 11 O 1J / KC-AAU •JCl100L I oP RoA~ ~ i ~ ~ ~ PROJECT SITE _ i>LD our~A ` K '4' osa- EAA Li U B"-A~f' Y ~ ~ I J J I p~r~-ror~ >p \ `\/,S _AAU ROAD ~OL> 4A1LI30AD \ . T' QiO MT-O~ -wAY Y ~ 1 I LOCATION ~ PJRWECr LOCATION MAP ISLAND OF HAWAII SCALE : I IN. = 2000 FT. KEAAU, PUNA, HAWAII TAX MAP KEY 3RD DIV. 1-6-03: 5 FIGURE 1 ^ 0/r J ~j 1'^IPM/1r ~:i0 rpy JT41I~ / %GJ pa.RK vOLGiNG// ~ \ f~ PROPOSED PROJECT LOCATION / Tax Map Key: (3) 1-6-03: Portion of 5 SLIZ:2: Future Greenhouse & Nursery Supply Project Site I ,oAMOf~ ~ ROAp i' Figure 2 M. PROJECT DESCRIPTION A. Project Concept and Components The applicant's original plan to subdivide the property (Figure 3) has not changed. The lot sizes, however, may vary to accommodate the needs of the potential purchasers and/or users of the lots. What has changed, however, is the applicant's preference for the NICX zoninsa to allow a greater mix of uses within the area. The location of this area would readily lend itself to MCX type of uses that can be supportive of small-scale agricultural activities and the needs of the village of Keaau and its surrounding areas. It should be noted that there is a plantation "camp" southeast of the project site. There is also a planned church/school complex further south. The proposed mixed use would thus be more compatible with those uses than the ML district. Had the new Zoning Code being in effect prior to submittal of the initial application, the MCX zoning would have been the requested category. 0. Project Timetable and Cost The applicant is in the process of developing specific develop plans for the site. These include coordinating access requirements with the State Department of Transportation relative to its Keaau by-pass project, as well as the other adjoining property owners who have a requirement to make access improvements to the extension of Milo Street. The applicant hopes to begin subdividing the property within the year, with occupancy no earlier than the opening of the Keaau by-pass. Said by-pass is anticipated to be completed in 1998 or early 1999. The estimated cost of the improvements is estimated at S I million. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject area is designated Urban. It was reclassified by the County in conjunction with the ML zoning request earlier this year. The balance of the site is still designated Agriculture by the State Land Use Commission. No State land use permitting action is required. u r n l ICJ 0 yl 0 do 7n N= r N u n IC 0 U m U 0 m N Lcl N N U U U 4 Q Q +I 0 0 O m m ~ I I n t I s T Q N ~a F~ No ~ I D- I - LL 0 o a v I I 1 I 7 I - O Q 1 If Q a° I K I U 0 U I W I ~u u N u Q q 0 p I u Q _ Figure 3 C Proposed Project I moQ _ nuc / oQ Gl 9T t! I 1 B. County General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the site Industrial The requested zoning would be consistent with this designation. It should be noted that there is a site in the city of Hilo that was recently zoned into the MCX district. The General Plan LUPAG map designation for that site was also Industrial. C. County Zoning The County zoning of the subject area is ML-20. The requested MCX-20 zoning would allow a variety of commercial uses that are presently not allowed in the ML district. If approved, the site would be subdivided in a manner meeting with both the Zoning and Subdivision Codes. Further, all uses and standards consistent with the MCX zone would be adhered to. D. Other Permitting Considerations The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as noted earlier, other permits would still be required. These would be of the "ministerial" variety, such as Plan Approval and Building Permit. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The elevation of the site is approximately three hundred (300) feet above mean sea level. The site is fairly level with no significant on-site undulations. The mean annual rainfall in this area ranges between 125 to 175 inches. The wetter months tend to occur between October through April. The mean annual temperature is about seventy three (73) degrees Fahrenheit. Wind patterns are generally tradewinds (easterly) during the day, and westerly during the evenings. The site is rectangular in shape. It has about a six hundred (600) foot frontage and extends about one thousand (1000) feet in a north to south direction. The site is vacant of any structures. 3 B. Soils and Topography The topography of the site slopes slightly in a west to east direction. The grade, however, is less than 10 percent. The US Department of Agriculture Soil Conservation Service Soil Survey Report classifies the soil to be of the Olaa series, specifically, the Olaa Silty Clay Loam (OaC). This series is characterized by moderately deep, moderately fine soil. Permeability is rapid, runoff is slow, and the erosion hazard slight. This type of soil was formerly used mainly for sugarcane. The Land Study Bureau Overall Master Productivity Rating for the subject area is Class "C" or fair. This suggests the site does have good productivity potential for orchard or pasture use. C. Natural Hazards 1. Drainage The US Corps of Engineers' Flood Insurance Rate Mao (FIRM) designates the site in Zone X, areas outside the 500-year flood plain. There are no existing drainageways on the site. Should drainage measures be required to accommodate the development, they will be done in conjunction with the subdivision approval process and/or the construction of structures on the resultant subdivided lots. 2. Tsunami Hazard As the site is located over 10 miles from the ocean, it is located outside of the Civil Defense's Tsunami Evacuation Zone. 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies the area as Lava Flow Hazard Zone 3, on a scale of ascending risk 9 to 1. The entire City of Hilo and the Keaau area fall in this category. There is very little that can be done to mitigate this situation and reflects an ongoing threat to all residents and businesses in these areas. The entire island of Hawaii falls within Earthquake Zone 3, according to the County Building Code. As such, certain structural requirements 4 will be needed and taken during the building permit process to address this seismic hazard. D. Flora/Fauna Although there were no professional surveys conducted of the floral or faunal resources of the site, the applicant does not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. The site has already been cleared. It was previously planted in sugar cane, and is now overgrown with "California" and "Guinea" grass. Thus, floral impacts should be minimal. Further, the quasi-urban setting of the site and immediately surrounding areas, combined with the extent of the former use of the site, impacts to any endangered faunal species should be negligible. E. Historic/Archaeoloaical Resources No archaeological inventory survey was conducted of the subject area. However, given its former sugar cane use, it is highly unlikely that archaeological remains would be found on the subject site. Nonetheless, during the course of developing the subdivision, should any unanticipated archaeological features or sites be uncovered, work will cease and the applicant will immediately notify the Planning Department. F. Water and Coastal Resources The subject site is located well over ten (10) miles from the coastline. As such, coastal impacts resulting from discharge of wastewater systems from the site should not be significant. Further, being a non-coastal property, no coastal access will be affected. The area is underlain by basal groundwater. The County potable wells are located less than a mile from the site. As the wastewater from the project will be serviced by sewer system meeting with the approval of the Department of Health, there should be adequate protection of these wells. Cesspools will not be allowed, and individual svstems such as septic tank or higher level will be installed in conjunction with the actual development of the respective lots. 5 G. Noise, Air Ouality, and Dust The extension of Milo Street will serve as the major thoroughfare in this area. It will connect to the Keaau by-pass and will serve as the principal access of other commercial/agricultural, a future church/school, and some residences. The existing ambient traffic level in this area is quite low. As such, the corresponding noise level is quite low. With the completion of the by-pass, however, the noise level is anticipated to increase. While the proposed development will add to the traffic, and in turn, affect the ambient noise level, the impact should not be as pronounced as the by-pass traffic. Further, with the requested zoning, the traffic is expected to be a diurnal and not nocturnal one. The impacts to residences, thus, should be less. The proposed development should not generate any direct air uali impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant. With higher EPA standards for automobile air emissions, the air quality impact should thus hopefully not be significant. All of the required parking area within the project site must be paved with an all-weather, dust free surface. Landscaping will also be required as part of the Plan Approval requirement. As such, with the exception of construction dust in the beginning, long term dust generated by the project should be minimal. R. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site. However, there were a few examples cited within the Keaau area. These included the royal palms fronting Keaau School and the views of Mauna Kea and Mauna Loa from major roadways. The proposed development would not have any visual impacts on those and other listed scenic resources in the area. The site is located makai of the Keaau by-pass, and as such, will not affect any of the views to the two mountains. 6 VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The mixture of land uses in this area suggests an area in transition. The transition is from a former mill and sugar cane site to some residential, light industrial, and commercial uses. Within a mile of the site, there are an existing former plantation camp and residences along Milo Street, flower packing and storage facility; future retail store dealing with agricultural products, and a future church and educational facility. The proposed development would thus not be incompatible with the existing and approved uses for this area. Although the project could have some impacts on the existing residential uses, the by-pass serves as an effective buffer from the subject site. Then, too, the other residential area is a former plantation camp located about a mile from the site. Given the above, the mixture of uses suggests an area in transition, and the proposed development would not be incongruous with that pattern. B. Economic Impacts The requested zoning would have some measure of economic impact, as it would make fee simple properties available for either light industrial or commercial uses. New businesses could be started, and some may even decide to relocate here. In so doing, it could strengthen the entire town of Keaau. There could be some real property tax consequences for surrounding properties. As the assessed valuation of the subject property rises due to the higher commercial use, there could be some fallout to neighboring properties. Nonetheless, for homeowners intent on keeping their property for residential uses, there are tax provision that allow the homeowner to "freeze" the valuation of one's property for a certain period of time. C. Agricultural Impacts The site has not had any recent agricultural activities. The site, however, was used for sugar cane over twenty (20) years ago. Thus, its resource potential has already been established. 7 Notwithstanding the site's agricultural resource potential, the site is already zoned for light industrial (MI.) uses. As such, it has been determined by decision-makers that non-agricultural uses of this site would not militate against the State and County's long-term agricultural objectives. This request would merely amount to a "shift" of the type of urban uses of this site from a light or limited industrial one to a mixed commerciaUindustrial one. VII. INFRASTRUCTURE CONSIDERATIONS A. Road Upon completion of the Keaau by-pass, the project would have direct access to a major cross-town thoroughfare. The project is not anticipated to be available for occupancy until this by-pass is completed. Thus, any consideration for interim access is moot. The applicant is now working with the State to see how much of the subject property will - if at all - be affected by the by-pass project. Any land to be set aside for the by-pass will not have any significant impact on the development of the project. It should be noted that in conjunction with the limited industrial (MI.) rezoning process, a Traffic Impact Analysis Report (TZAR) was prepared. This report is attached as Appendix A. The report concluded that the proposed project was "not expected to have an adverse traffic impact on the neighboring roadway system." Further, with the construction of the by-pass, the traffic impact on existing roadways should be reduced. While there may be more commercial uses resulting from the requested MCX zoning than the existing NM district, the construction of the by-pass and the resultant closure of Milo Street at the Keaau end should help mitigate the additional traffic anticipated by the commercial uses allowed within the MCX zoning district. Within the project itself, the roads will be constructed to County dedicable standards. This will be done in conjunction with the subdivision approval process. B. Water There is an 8-inch County water line fronting the subject site. There is also a 10-inch line running along the eastern edge of the site. This line provides 8 water from the wells as the former Puna Sugar Mill site to the Olaa-Mt. View System's Station No. 3. It also provides service to the parcel adjacent and to the east of the subject site. While the location of the line does not inhibit the development of the site, the applicant will attempt to have the line relocated. This will be done in coordination with the Department of Water Supply. The existing 12-inch line along the mauka end of Milo Street will probably have to be extended to the subject site, approximately 500 feet. C. Wastewater There is no County wastewater system in this area. As such, only cesspools or septic tank system meeting with the approval of the Department of Health will be allowed. However, as a portion of the site is located within a 1,000 feet of a water well, air aerobic package treatment system will be required for those affected lots. D. Solid Waste Solid waste will be handled through a commercial hauler into authorized landfill sites. With the requested MCX zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. E. Other Government Services As this area is already part of the Keaau urban area, it is already being serviced. No extension of government services would be required. The Police and Fire Stations and emergency medical services are located about one (l) mile away. This project should have little or no direct impacts to schools, parks, and other related facilities. F. Other Utilities All other utilities such as telephone and electrical services, are available to the site. 9 VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Lone-Term Productivitv The short term use of the site would probably be an undeveloped tract of land. However, if the rezoning request were denied, the applicant would proceed with the industrial subdivision. The actual development of the respective lots, however, would be a function of demand. And when developed, certain uses could create more of an adverse impacts to existing and proposed uses in the area than uses allowed within the MCX zoning. Given the transitional nature of the area, the retention of the light industrial zoning may not result in the site's best use for surrounding properties. Having the site in a MCX zone would not only fulfill the land use concept of the General Plan, but it could be more compatible with the surrounding areas. B. Irreversible and Irretrievable Commitment of Resources The subject site is already disturbed. As such, the commitment of natural or other resources (such as archaeological) would not appear to be an issue. C. Mitigative Measures As the parking area will be paved with an all-weather, dust free surface, there may be some drainage considerations. If there are drainage issues, this will be done in conjunction with the permitting and permit implementation phases of this project, both at the subdivision level and secondarily, at the Plan Approval and/or building permit phases. To minimize impacts to existing street system, the project is not anticipated to be ready for occupancy until completion of the by-pass. Appropriate driveway access and related infrastructure to service the project will be provided by the applicant. As the site is presently vacant, no individual or businesses would have to be dislocated and/or relocated. 10' D. Alternatives to the Proposed Project 1. No Project Under this status quo alternative, the site remains in its present condition. The applicant would eventually begin to develop it into a limited industrial subdivision. This alternative would result in short-term construction impacts (noise, dust, traffic) resulting from the renovations and parking improvements. Additional vehicular traffic resulting from the ultimate uses within the site would also be present. The site, however, would not be utilized to its fullest potential, given the mixture of land uses in this area. When fully developed, some of the uses within the project site could create some adverse impacts to future uses in the vicinity. 2. Alternative Mixed Industrial/Commercially-zoned Site Under this alternative, the applicant would have to seek another site and have said property zoned. There are no MCX zonings in the Puna District, which includes the village of Keaau. Aside from the subject and immediately surrounding area, there is only one other site that is designated for industrial uses on the General Plan. That site is located a distance from Keaau. The MCX zoning is more appropriate in areas reasonably close to business and residential areas; and this site would meet that criterion. There are other areas adjacent to and/or proximate to the subject site that have an industrial designation on the General Plan and may be suitable for the MCX zoning. However, most of those sites would require longer access to the by-pass as well as longer water transmission lines, resulting in higher development costs which would be passed on to prospective users of the project. 3. Evaluation of Alternatives The project's impacts to the area's social and physical infrastructure would not appear to be pronounced. Certain mitigative measures will be taken to address any possible impacts associated by the development of this project. 11 Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested MCX alternative. LX. REGULATORY ANALYSIS A. General Plan LUPAG Mao The LUPAG map designates the site Industrial, a designation that allows the requested MCX-20 zoning. There is another property in the city of Hilo that has the MCX zoning. The General Plan designation of that site is Industrial. Accordingly, this request would not be inconsistent with the LUPAG map. S. General Plan Polices 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 for diversity and stability in its economic system. Policies • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. • The County shall strive for an economic climate which provides its residents an opportunity for choice of occupation. • The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. 12 3 Discussion The request would provide opportunities for existing and new businesses to establish themselves in an area that will be shortly served by a good transportation system. Relatedly, all of the required infrastructure will be provided by the applicant without taking government's servicing ability. Further, the area is located proximate to residential and business areas, making the site accessible also by foot traffic. Through the principle of agglomeration economies, development of this area could also help out the existing commercial area. Yet, the site is located in an area where impacts to surrounding areas would not be adversely affected. Residences along Milo Street will not be affected, as the road will terminate at the by-pass. The other residential community (a former plantation camp) is located well over 1,000 feet from the area, and there would be sufficient buffer. 2. Land Use Element (Industrial) Goals • designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. (Land Use Element) • designate and allocate industrial areas in appropriate proportions and in keeping with the social, cultural, and physical environments of the County. (Industrial Sub-element) • promote and encourage the rehabilitation of industrial areas which are serviced by basic community facilities and utilities. (Industrial Sub-element) Policies • zone urban- and rural-type of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. (Land Use Element) • allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. (Land Use Element) 13 i • encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environments. (Land Use Element) • achieve a broader diversification of local industries by providing opportunities for new industries and strengthening existing industries. (Industrial Sub-element) • Locate industrial areas convenient to transportation facilities and provide a variety of industrial zoned districts and lot sizes, depending on the needs of the industries and communities. (Industrial Sub-element) • Improve the aesthetic quality of industrial sites and protect amenities of adjacent areas by requiring landscaping, open spaces, buffer zones, and design guidelines. (Industrial Sub-element) • Locate industrial areas adequately served by transportation, utilities, and other amenities. (Industrial Sub-element) Standards (Indrrrtrral) • Industrial development shall maintain or improve the quality of the present environment. • Industrial activities may be located close to raw materials or key resources. • Topography of industrial land shall be reasonably level. • Industrial development shall be conveniently located to its labor resource. • Buffer zones shall be established between industrial and adjacent non-compatible uses of land. • The direction of wind patterns and the absence of tradewinds shall be considered in located industrial designations. Discussion As Keaau and its surrounding area continues to grow, there will be a need for more industrial and commercially-zoned lands. This is evident by on-going commercial developments within Keaau. This request also reflects this demand. The subject site, in addition to attempting to meet this need, also fulfills other policies and standards articulated in the General Plan. The site is already serviced by adequate infrastructure. County water lines are already available. Police and fire protective services are available within one mile of the site. Wastewater system will be the 14 obligation of the respective lot owners, and all other utilities are available to the site. As such, this development should not require additional public services to be provided. The site does not have any on-site developmental constraints. The land is relatively level, and there are no flood or other hazardous condition that would render the site a developmental problem and pose a burden to public agencies. Further, given the non-noxious type of uses anticipated to be situated here, pollution concerns typically associated with heavy industry would be minimal, if at all. Being previously intensively used, the prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. Likewise, surface and subsurface archaeological remains do not appear to be likely on this site. The use is also compatible with the surrounding area. Although there are residences in the area, there are natural buffers. The by-pass should provide some measure of screening to residents along Milo Street. Then, too, the other plantation camp is located about a 1000 feet away, separated by other uses. Accordingly, the requested zoning would not be incongruous with existing and projected uses for this area. Further, there are other industrial uses in this area, such as a power plant and tropical fruit processing plant. The requested zoning would thus provide a land use buffer between the existing residences and those uses. 15 APPENDIX _a TRAFFIC IMPACT ANALYSIS KEAAU INDUSTRIAL SUBDIVISION By: M&E Pacific, Inc. 100 Pauahi Street, Suite 212 Hilo, Hawaii 96720 September, 1996 TABLE OF CONTENTS Page No. Project Description 1 Existing Conditions 1 Traffic Conditions 3 Traffic Impact Analysis 11 Conclusion 13 Figures Figure 1 Location Map 2 Figure 2 Existing Traffic Volumes 4 Figure 3 Year 2003 SDOT Traffic Forecasts Without and with Keaau-Bypass Road 5 Figure 4 Year 2003 Ambient Traffic Forecast 6 Figure 5 Project-Generated Traffic Assignment 9 Figure 6 Year 2003 Total Traffic Forecast 10 Tables Table 1 Trip Distribution Summary 8 Table 2 Level of Service Summary Milo Street at Keaau Bypass Road 12 Aooendices Appendix A Abstract of Methodology for the Capacity Analysis for Unsignalized Intersections Appendix B Traffic Counts Appendix C Traffic Calculations TRAFFIC IMPACT ANALYSIS REPORT KEAAU INDUSTRIAL SUBDIVISION An industrial subdivision is being proposed in Keaau, Hawaii. This report documents the results of a study conducted to evaluate the traffic impacts of the proposed project. The study included forecasting future traffic conditions and analyzing the forecast volumes to determine the need for any mitigating actions. Proiect Description James McCully proposes to develop an industrial subdivision in Keaau, Hawaii. A 15 acre site would be developed into 1/2 to one acre lots. The proposed uses would be somewhat akin to businesses found in the Shipman Industrial Subdivision. The project site is identified by TMK 1-6-03: 05 and is located makai of the proposed Keaau Bypass Road across the Milo Street intersection. The project site is shown on Figure 1. The project is assumed to have its access to the Keaau Bypass Road across the Milo Street intersection. For the purposes of this study, it was assumed that the project would reach full occupancy in the year 2003. This is the planning year that traffic forecasts for the proposed Keaau Bypass Road have been made. Existing Conditions Milo Street is a two lane roadway in Keaau serving as a collector road for a residential area. Some of this residential traffic is expected to use the Keaau Bypass Road when it opens. Turning movement traffic volume counts were taken on August 6, 1996, at the Milo Street/Old Volcano Road intersection. The counts were taken during both morning and afternoon peak periods. All of the traffic turning into or from Milo Street was assumed to be residential traffic. The worksheet for the traffic 4p,Ar,p4 Z r> ; , G 72I 2 92 91, i aIG~ ~ : ~ O i' i J Z2 i Study Intersection: Old Volcano Road/ it Milo Street ~ fr....: Niv.•.v~Gwwv7 f lwr 4 ij,.uwr.vwr/oxAt cuuv ~ PP' - kv 73 L7 1 ti ,,e Milo , A `SEE INSET B I.a• ,7~ pld~ . .fly 893 _ Project Site A A•Y ^ Ii 14 ~I± r YS•o 7 • L8 MM.w~~tN O]./.! Ae. II Y 3 Odd 101 27-3.4;12 A.. GAa •c.r""O try %•l ~j FIGURE 1 LOCATION MAP MrI14.V G4 . ,•1~ I'• 2. count is included in the Appendix. The current peak hour traffic volumes are shown on Figure 2. Traffic Forecasts The opening of the proposed Keaau Bypass Road will have a significant effect on traffic in Keaau. Although the opening date is not certain, the State Department of Transportation prepared traffic forecasts for the years 2003 and 2013. The year 2003 State traffic forecasts included in the "Traffic Impact Analysis Report for Keaau-Pahoa Road, Keaau Town Section" (1993, prepared by Barton-Aschman Associates, Inc.) were used as the basis for the ambient traffic forecasts. Based on the aforementioned traffic report, the proposed Keaau Bypass Road would divert over half the traffic traveling on the Keaau-Pahoa Road and Mamalahoa Highway between Hilo and Puna. Figure 3 extracts the traffic forecasts for the year 2003 with and without the Bypass Road. The turning movements with major changes in traffic volumes include the Keaau-Pahoa Road right turn to Mamalahoa Highway and the left turn from Mamalahoa Highway to Keaau-Pahoa Road. The Bypass Road will also provide another outlet for the Milo Street residents to the roadway system. It was assumed that one-third the traffic currently entering/leaving Milo Street on Old Volcano Road would be diverted to the Bypass Road. The resultant ambient traffic forecasts for the Bypass Road intersection is shown an Figure 4. The State Department of Transportation has indicated that Milo Street will cross the Bypass Road and go further makai. They also indicated that the intersection should be unsignalized with no turning movement restrictions. These conditions were assumed for this study. 3. ,Z¦ 'V^ V/ CO L Q ~ .-1 N N I.L. a 32 0 _ (f) .o--- 70 0 Y LCL! C 5 4 -^1 O uj 208 > Q. O O , a N V LLI L6' U. I- m 0 L Z o X W o~o ce o o ~r o o 115 e = Y 16 o Q 36 > LU b a o ~ 4 4. N AM PEAK HOUR - 0 N o (914 ) 1 • Keaau Bypass Road oo~oo MM C' N 1400 (587) 1 7 53 ( 51) 0 (814) 1485 (021) Keaau-Pahoa Road N Mamalahoa Legend: ~Highway o xxx Volume without Bypass Road (xxx) Volume with Bypass Road ti PM PEAK HOUR 0 0 (290) .~.~.~.~...,1~= faau Bypass Road • 537 (257) 34 ( 29) ` 0 (280) 554 (274) Keaau-Pahoa Road MamalahoaN Source: Traffic Assignment Project TA 93-14 Highway = Keaau Bypass Road Project No. 1308 01-92 N C FIGURE 3 YEAR 2003 SDOT TRAFFIC FORECASTS WITHOUT AND WITH KEAAU-BYPASS ROAD ¦ N AM PEAK HOUR Milo Street 5 10 5 245 Keaau Bypass Road 0 815 Project Site PM PEAK HOUR Milo Street 10 5 zo 1 - 713 Keaau Bypass Road 1a ?90 Project Site FIGURE 4 YEAR 2003 AMBIENT TRAFFIC FORECAST r. ' The traditional procedure of trip generation, distribution and assignment was used to estimate the number of vehicle trips which would be generated by the proposed project in both peak hours, the distribution of these trips by direction of travel, and the specific turning movements affected. Trip generation volumes for an industrial park were obtained from the Institute of Transportation Engineers "Trip Generation" (Fourth Edition, 1984). The data sheet for industrial parks does not give a per acre trip generation rate. Rather, it presents a non-linear curve that shown the volume of peak hour (for both AM and PM) trips generated by industrial parks ranging from 5 to 140 acres. For a 15 acre park, the following trip generation volumes apply: AM peak hour: 155 vph inbound 35 vph outbound PM peak hour: 40 vph inbound 160 vph outbound The trip distribution step assumed the following distribution based on the directional flow of traffic on the Bypass Road: - to/from Hilo via the Bypass Road - 75% - to/from Puna via the Bypass Road - 25% - Very little project generated traffic is expected to use Milo Street to get to Old Volcano Road. The results of this calculation are shown on Table 1. The assignment of these trips to the two study intersections are shown on Figure 5. The ambient traffic volumes (Figure 4) were added to the project generated trips (Figure 5) to obtain the total forecast volumes shown on Figure 6. TABLE 1 TRIP DISTRIBUTION SUMMARY AM Peak Hour PM Peak Hour Direction of Travel Travel Percent In Out in Out Bypass Road to Puna 25 40 10 10 40 Bypass Road to Hilo 75 115 25 30 120 155 35 40 160 s. ¦ N AM PEAK HOUR Milo Street ,01r- 115 Keaau Bypass Road 40 10 25 Project Site PM PEAK HOUR Milo Street /r- 30 Keaau Bypass Road 10 40 120 Project Site FIGURE 5 PROJECT-GENERATED TRAFFIC'ASSIGNMENT 9. ¦ N AM PEAK HOUR Milo Street . 245 115 Keaau Bypass Road d 5 10 25 P roject Site PM PEAK HOUR Milo Street 10 5 1 20 - 715 30 Keaau Bypass Road 10 260 {II 10 40 120 Project Site FIGURE 6 YEAR 2003 TOTAL TRAFFI`G-FO RECAST 1~. Traffic Impact Analysis The traffic impact of the proposed project was evaluated by analyzing the traffic levels of service with the project against the without project conditions. A project can be considered to have an adverse traffic impact if a change to an undesirable level of service can be attributed to the project. If an adverse traffic impact is identified, then there would be a need for mitigating actions. The methodology for calculating levels of service at an unsignalized intersection from the Transportation Research Board Highway Capacity Manual Scecial Report 209 (1984) was used. The methodology calculates the levels of service for several critical movements (the outbound movements from the stop sign controlled side street and the left turn movements from the main through street). The results range from level of service A (best) to F (worst). Traffic improvements should be considered for level of service F conditions. The ambient and total traffic forecast conditions were analyzed. The results of the analysis are shown on Table 2. During both peak hours, the intersection showed no change in levels of service from ambient to total forecast conditions indicating no traffic impact that could be attributed to the proposed project. The levels of service with the total forecast are at E for the left turn out from Milo Street and A for the right turn out from Milo Street for both peak hours. The eastbound left turn from the Bypass Road is forecast to be at level of service D in the AM peak, but A in the PM peak. The westbound left turn will be at level of service A in the AM peak and B in the PM. Traffic signals will not be required at the intersection for the conditions forecast for 2003. The State Department of Transportation will incorporate appropriate intersection design features when the Keaau Bypass project is implemented. it. TABLE 2 LEVEL OF SERVICE SUMMARY MILO STREET AT KEAAU BYPASS ROAD AM Peak Hour PM Peak Hour 2003 2003 2003 2003 Intersection and Approach Ambient Total Ambient Total Milo Street, Northbound Left Turn E E E E Right Turn A A A A Milo Street, Southbound Left Turn N/A E N/A E Right Turn NIA A N/A A Svoass Road Eastbound, Left N/A D N/A A Westbound, Left A A B B Conclusion The proposed project is not expected to have an adverse traffic impact on the neighboring roadway system. The proposed opening of the Keaau Bypass Road will help decrease traffic on the existing roadways. Traffic operations are expected to remain the same with the project as evidenced by the constant levels of service. :3. APPENDIX A ABSTRACT OF METHODOLOGY forthe CAPACITY ANALYSIS FOR UNSIGNALIZED INTERSECTIONS ?BSTRACT FOR METHODOLOGY for the CAPACITY ANALYSIS OF UNSIGNALI3ED INTERSECTIONS This abstract summarizes the procedures for analyzing the capacities of unsignalized intersections. These procedures are described in the Hichwav Caeacity Manual, Scecial Reeert 209 (1985) by the Transportation Research Board. This manual "is a collection of technizues for estimating highway capacity that have been judged, through consensus, as the best available ac the. time of publication." This manual does not set legal standards for highway design but the procedures have become widely acceoted and used in the traffic engineering profession. The capacity analysis procedure is based on a German method originally published in 1472 and't:anslated in 1974, and modified for U. S. conditions by the TRB. It is intended for two-wav STOP- and YIELD-controlled intersections and calculates the capacities of movements which cross or turn through the major traffic stream. The capacity of each movement is based on do factors: the gap distribution in.conflicting traffic streams and the gap acceptance behavior of drivers at such intersections. The basic steps in methodology are as follows: 1) Define intersection geometi^t and traffic volumes. 2) Determine the "conflicting conflicts" through which every minor street movement and major street left turn must cross. J) Determine the size of the gap in the conflicting stream needed by vehicles in each movement crossing a conflicting traffic stream. 4) Determine the capacity of the gaps in the major traffic stream to accommodate each of the subject movements that will utilize these gaps. 5) Adjust the capacities to account for impedance and the use of shared lanes. Tables and charts, as well as computer programs, have been developed to facilitate using this methodology. _ymc,RSECTION DATA Key geometric factors include: number and use of lanes, channelization, percent grade, curb radii and approach angle, and sight distances. One hour volumes are specified by movement and converted to passenger cars per hour using the passenger car equivalents in TABLE 10-1. CCNFLSCTING T'AFFIC The conflicting movements each turning movement faces is summarized on Figure 10-2. The right turn movement from the minor street faces the least number of conflicting movements, the left turn movement from the minor street the most. Adjustments to the conflicting traffic volumes are shown on Figure 10-2. rT r. -AP SIZE "The 'critical gap' is defined as the median time headway between two successive vehicles in the major traffic stream that is accepted by drivers. in a subject movement that must cross and/or emerge with the major street traffic." It is dependent upon a number of factors, including: 2. TAZ ::C-i. ~.+SScvGcZ-G.A (:;va,L=,vTS ?CR UNUCN...L. T(!~QP'T..i(IU GAGE (.°a} Kototvrcn 43. d.. 7.5 Oa 0.- ....;c C•o 0.3 J.9 1.7 1. L+ Camoltunan '/eis. .7 ..J SA ^..u.-.... into... ~.va. ~.s.a Sealer. .~tavemem Canrlicc:na 7rauic. vc Iu u:;caaen I IrnT Tlner -T I - r I .'ram moor I / Wert. I I ra a .a , from Tmar V A ra { f ~ I ~•or ~ ~ V3 ' V Vr0 l5 "UffDi t!Z(Vral'• • V,a Via 'tom 11.01 ,a.•. • ,J . v,-Vm un~i, ra m b V •V V to a 31 V t) nano IanM. V, ~neleaa+ CntY tm •alumd in the "inc • WpF• a rryni•1W.1,.a n arpvWla an Tap1 RfRi. <IiT.na[I Vr ar Vta• ••rvn Fa tn• ngnt•tum .laws mta mme/ tsmn+ IvR~ ma/er ..non mm mawmenn ale 5'O P/YtELO <oneraaea. n~mmav V. tCaaa 31. ana V,a analor Vro (Casa al, V,a TaV "a ae at~mTana on mVlu4n• main/ uleatl. -3erre (0-L .~afiniti0n artd gmav:atiart aj can/lie::itg :re~je v0lums L) The type of maneuver being executed. 2) STOP or YL.LD sign control. 3) The average running speed on the major street. 4) The number of lanes on the major street. 5) The geometrics and environmental conditions at t`:e intersection. The value of the critical gap is selected from Table 10-2. The basic critical gap is selected and adjustments and modifications made. DOTENTIAL CAPACITY FOR MOVZMENT "The potential capacity is defined as the 'ideal' capacity for a specific movement," and is selected from Figure 10-3. It is based on the conflicting traffic volume and the critical gap. The result is read in passenger cars per hour. T_y'DEDANCE EFFECTS The methodology assumes that vehicles use gaps at an unsignalized intersection in a prioritized manner. Thus, when traffic becomes congested in a high-priority movement, it can reduce the potential capacity of lower priority traffic movements. Given the priority of gap usage: 1) Left turn from the major street impede both through movements and left turns from the minor street. 2) Through movements from the minor streets impede left turns from the minor street. The impact of impedance is addressed by multiplying the potential capacity of a movement by a series of impedance 4. aL Cu=:U G..r Cu-m¢uA ,Q¢ C::rsl,,N,f - n 3wf:G . MCAL OM PCR P~SSE`~Ce`l. GRi S2C ' [G W~•~ ^-'i w~ GZ .auvnruc wn.ca ac•o wN0 ;i] 4PY ;S 41H ..°S OF CCNT:tOt NuMa R OF :_.v.^c.2 ON 4 Ox .acno a - or i.S n" I :gym yLior tcaa 'A i•; - G_ss Major 2aaa fTOP i.0 c3 1.0 3.0 i.S 7II Minor zLoaa STOP iJ 7.3 1.0 7.0 .O:CTeErIS wN0 4c C[rrG-cNS 'O C ..CL Zwl. SEC CNOMC; r .Cl4S^.n EYT ']r ^ < f-II Minor Scx- A`^3e3 Iane - i,C :mwd ~O . y •.ru.ws eau. ~r c:.~e. 6se - '.J r. u wuur. u man. .aeon Asa ~a .w n ynm .~w. -+~u.ss I oca i i \ \I\~ i\ ~ \\`.1 II I I ~ I I ~ ~ it ~ I \I I~\.~\ 1t\~ t\I 1 j I ~ ~ ~i ~ ~ 1 ~I \ , \ ~ i V \ I \vI \ \vI I V\, 4\ \ \ ~ \ \ iGRtlCia;rrv!'. aae foa .I\~\ \ I Via ~ I V v iA I v I V crqure (0.J. ?ar<rtda[ caaacm, bar<d 'a 'm 600 'OO 'o0p r9p0 iO0 ~~p0 on c1rt/lic::rtq :rcjjtc 'roiunr< and crr- ~ "~~•'^'c "a""c ST"t"'i v, n". ~.Fl.30a r::c 5. factors for each higher priority impeding movement. Impedance factors are derived using Figure 10-5. SHARED L.ME CAPACITv The methodology has assumed to this point that each minor street movement has an exclusive lane. in reality, most minor street approaches have two or three movements sharing one lane. An equation is used to compute the capacity of the shared lane. LIVE OF SERVTCE CRITERIA The above computations yield a capacity solution for each lane on the minor street approaches and for left turn movements from the major stree_s. This figure is used to derive the reserve capacity, the difference between the capacity solution and the volume of traffic using the lane. Level of service criteria are stated in general terms for general ranges of reserve capacity and delay, as :allows: Level of Reserve Cazac4ty Setnrice Exmected Delav 400 A Little or no delay 300-399 a Short traffic delays 200-299 C Average traffic delays 100-199 D Long traffic delays 0- 99 E Very long traffic delays a/ F a/ a/ When demand volume exceeds the capacity of the lane, extreme delays will be encountered wI th queuing which may cause severe congestion affecting other traffic movements in the intersection. This condition usually warrants improvement to the intersection. 6. 1a ' '+cmnG~ ARAC.^ is= BY =MS'NG CANC. J.r APPENDIX B TRAFFIC COUNTS: AM PEAK: 6:30 AM - 8:30 AM PM PEAK: 3:30 PM - 5:30 PM TRAFFIC TURNING MOVEMENT COUNT KEEAU-McCULLY INDUSTRIAL TRAFFIC STUDY Milc Street 4 3 LOCATION: Milo Street Qc Old Volcano Roac I DATE: Tuesday, August 6, 1996 < - - - > TIME: 6:30-8:30 am, 3:30-5:30 pm ^ - 2 WEATHER: clcudy 5 ^ <---1 RECORDER: K. Duffy 6 - - - > Old Volcano Road TIME MOVEMENT NUMBER PERIOD _ 1 2 3 a_ 5 6 TOTAL 6:30-6:45 12 2 9 11 0 2 36 6:45- 7:00 29 0 4 16 2 1 52 7:00-7:15 14 1 2 12 1 7 40 7:15-7:30 25 1 2 12 1 48 7:30-7:45 33 2 5 8 3 10 61 7:45-8:00 38 2 1 5 3 9 61 8:00-8:15 19 3 5 5 6 13 51 8:15-8:30 13 4 5 7 3 8 40 6:30- 8:30 183 18 36 76 22 54 389 7:15-8:15 115 8 16 30 16 36 221 3:30- 3:45 20 11 3 8 14 24 80 3:45- 4:00 29 9 9 7 8 49 111 4:00- 4:15 19 6 9 5 9 43 91 4:15- 4:30 16 4 6 5 19 37 8T 4:30- 4:45 17 5 5 3 15 50 95 4:45- 5:00 23 6 11 7 12 59 ~ 118 5:00- 5:15 20 13 7 10 47 98 5:15- 5:30 10 8 1 3 17 52 91 3:30- 5:30 154 62 51 39 104 361, 771 4:30-5:30 70 32 24 14 54 208 402 APPENDIX C TRAFFIC CALCULATIONS UNSIGNALIZED INTERSECTION LEVEL OF SERVICE (LOS) CALCULATIONS (AM AND PM PEAKS) ml Y I 1 a U I t N I J 1 6 1 C I i ai SJyI i ~u~ °m w° ZE OH 4.F n -x ~ I CY K N 1 J I Y U Y R. 1 J I O I U I F F I U4. 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A~~ r I T K AAU I C Lbw E'` P ~n~aluM Unbar II ve,.,ti~y ur6a ,1 KURTISTOWN i +4 .4 ' o / ~O 4 0 J ~ ~ O V ~O MOUNTAIN VIEW n+ ~ t p u N A I GLENWOOD I p O I S T R I T era an D Keaau. E XH IT ~ \ 1 KGif1J Division 14. ML, Limited.Industrial Districts Section 25-5-140. Purpose and applicability. The ML (limited industrial) district applies to areas for business and industrial uses which are generally in support of but not ,y necessarily compatible with those permissible activities and uses in other commercial districts. Section 25-5-141. Designation of ML districts. Each ML (limited industrial) district shall be designated by the symbol "ML" followed by a number which indicates the minimum land area, in thousands of square feet, required for each building site. Section 25-5-142. Permitted uses. (a) The following uses shall be permitted in the ML district: (1) Agricultural products processing, minor. (2) Airfields, heliports and private landing strips. (3) Animal hospitals. (4) Animal quarantine stations. (5) Aquaculture activities. (6) Automobile and truck storage facilities. (7) Automobile and truck sales and rentals. (8) Automobile service stations. (9) Bakeries. (10) Bars. (11) Broadcasting stations. (12) Car washing. (13) Carpentry, hardwood products and furniture manufacturing and storage establishments. (14) Catering establishments. (15) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this code. (16) Churches, temples and synagogues. (17) Cleaning and dyeing plants. (18) Commercial parking lots and garages. (19) Community buildings, as permitted under section 25-4-11. EXHIBIT 120 (20) Co. ctors' Yards for equipment, material, J vehicle storage, repair, or maintenance. (21) Day care centers. (22) Financial institutions. (23) Food manufacturing and processing facilities. (24) Greenhouses, plant nurseries. (25) Heavy equipment sales, service and rental. (26) Home improvement centers. (27) Junk yards, provided that the building site is not less than one acre in area. (28) Laboratories, medical and research. (29) Laundries. (30) Lumber yards and building material yards, but not including concrete or asphalt mixing and the fabrication by riveting or welding of steelbuilding frames. (31) Manufacturing, processing and packaging establishments, light. (32) Motion picture and television production studios. (33) Photographic processing. (34) Plumbing, electrical, air conditioning and heating establishments. (35) Public uses and structures, as permitted under section 25-4-11. (36) Publishing plants for newspapers, books and magazines, printing shops, cartographing, and duplicating processes such as blueprinting or photostating shops. (37) Recycling centers, which do not involve the processing of recyclable materials. (38) Repair establishments, minor. (39) Restaurants. (40) Self storage facilities. (41) Storage and sale of seed, feed, fertilizer and other products essential to agricultural production. (42) Telecommunication antennas, as permitted under section 25-4-12. (43) Temporary real estate offices, as permitted under section 25-4-8. (44) Transportation and tour terminals. 121 (45) Truck, freight and draying terminals. (46) Utility facilities, public and private, including offices or yards for equipment, material, vehicle storage, repair or maintenance. (47) Utility substations, as permitted under section 25-4-11. (48) Veterinary establishments. (49) Vocational schools. (50) Warehousing, which does not include retail sales or discount houses or establishments open to the general public or defined members. (51) Wholesaling and distribution, including the storage of incidental materials and equipment, except for highly flammable or explosive products. (b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the ML district, provided that a use permit is issued for each use: (1) Crematoriums. (2) Major outdoor amusement and recreation facilities. (3) Yacht harbors and boating facilities. (c) The following uses may be permitted in the ML district as incidental and subordinate to any permitted use: (1) Living quarters for watchmen or custodians in connection with the operation of any permitted use. (2) Retail sales. (3) Services for persons working in a ML district which are conducted within an integral part of a main structure with entrances from the interior of the building and which have no display or advertising visible from the street. (d) Buildings and uses normally considered directly accessory to the uses pe..ititted in this section shall also be permitted in the ML district Section 25-5-143. Height limit. The height limit in the ML district shall be forty-five feet. Section 25-5-144. Minimum building site area. The minimum building site area in the ML district shall be ten thousand square feet. 122 Section 25-5-145. Minimum building.site average wiain. Each building site in the ML district shall have a minimum building site average width of seventy-five feet. Section 25-5-146. Minimum yards. Minimum yards'in the ML district shall be as follows: (1) Front yard, fifteen feet; and (2) Side and rear yards, none, except where the adjoining building site is in a RS, RD, RM or RCX district. Where the side or rear property line adjoins the side or rear yard of a building site in an RS, RD, RM or RCX district, there shall be a side or rear yard which conforms to the side or rear yard requirements for dwelling use of the adjoining district. Section 25-5-147. Other regulations. (a) All front yards in the ML district shall be landscaped, except for drives and walkways. (b) Where any required side or rear yard in the ML district adjoins a building site in a RS, RD, RM or RCX district, the side or rear yard shall be landscaped with a scorning hedge not less than forty-two inches in height, along the side or rear property lines so adjoining, except for necessary drives and walkways. (c) Plan approval shall be required for all new structures and additions to existing structures in the ML district. (d) Exceptions to the regulations for the ML district regarding heights, building site areas, building site average widths and yards, may be approved by the director within a planned unit development. Division 15. MG, General Industrial Districts Section 25-5-150. P_:rpose and applicability. The MG (general industrial) district applies to areas for uses that are generally considered to be offensive or have some element of danger. Section 25-5-151. Designation of MG districts. Each MG (general industrial) district shall be designated by the symbol "MG" followed by a number which indicates the minimum land area, in number of thousands of square feet, required for each building site, or if the number is followed by the symbol "a," by the minimum number of acres required for each building site. 123 Section 25-5-126. Mlm mum yards. The minimum yards it. ...c CV district shall be as follows: (1) Front or rear yards, fifteen feet; and (2) Side yards, none, except where the adjoining building site is in a RS, RD, RM or RCX district. Where the side yard adjoins the side yard of a building site in a RS, RD, RM or RCX district, there shall be a side yard which conforms to the side yard requirements for dwelling use of the adjoining district. Section 25-5-127. Landscaping of yards. (a) All front yards in the CV district shall be landscaped, except for necessary access drives and walkways. (b) Where required side or rear yard in the CV district adjoins a building site in a RS, RD, RM or RCX district, the side or rear yard shall be landscaped with a screening hedge not less than forty-two inches in height, within five feet of the property line, except for necessary drives and walkways. Section 25-5-128. Other regulations. (a) Plan approval shall be required for all new structures and additions to existing structures in the CV district. (b) Exceptions to the regulations for the CV district regarding heights, building site areas, building site average widths and yards, may be approved by the director within a planned unit development. Division 13. MCX. Industrial-Commercial Mixed Districts Section 25-5-130. Purpose and applicability. 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. Section 25-5-131. Designation of MCX districts. Each MCX (industrial-commercial mixed use) district shall be designated by the symbol "MCX" followed by a number which 116 indicates the minimum lard area, in number of thousands of square feet, required for each building site. Section 25-5-132. Permitted uses. (a) The following uses shall be permitted in the MCX district: (1) Agricultural products processing, minor. (2) Amusement and recreation facilities, indoor. (3) Art galleries, museums. (4) Automobile sales and rentals. (5) Automobile service stations. (6) Bars and nightclubs. (7) Broadcasting stations. (8) Business services. (9) Car washing. (10) Catering establishments. (11) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this code. (12) Churches, temples and synagogues. (13) Cleaning plants using only non-flammable hydrocarbons in a sealed unit as the cleaning agent. (14) Commercial parking lots and garages. (15) Community buildings, as permitted under section 254-11. (16) Convenience stores. (17) Data processing facilities. (18) Day-care centers. (19) Financial institutions. (20) Food manufacturing and processing. (21) Home improvement centers. (22) Kennels in sound attenuated buildings. (23) Laboratories, medical and research. (24) Manufacturing, processing and packaging establishments, light. (25) Medical clinics. 117 (26) Meeting facilities. (27) Motion picture and television production studios. (28) Offices. (29) Photographic processing. (30) Photography studios. (31) Plant nurseries. (32) Public uses and structures, as permitted under section 25-4-11. (33) Publishing plants for newspapers, books and magazines, printing shops, cartographing, and duplicating processes such as blueprinting or photostating shops. (34) Repair establishments, minor. (35) Restaurants. (36) Retail establishments. (37) Sales and service of machinery used in agricultural production. (38) Schools, business. (39) Schools, photography, art, music and dance. (40) Schools, vocational. (41) Self-storage facilities. (42) Telecommunications antennas, as permitted under section 25-4-12. (43) Temporary real estate offices, as permitted under section 25-4-8. (44) Theaters. (45) Utility substations, as permitted under section 25-4-11. (46) Veterinary establishments in sound-attenuated buildings. (47) Warehousing. (48) Wholesaling and distribution operations. (b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the MCX district, provided that a use permit is issued for each use: (1) Crematoriums. (2) Major outdoor amusement and recreation facilities. (3) Yacht harbors and boating facilities. 118 (c) Buildings anu uses normally considered directly accessory to the uses permitted in this section shall also be permitted in the MCX district. Section 25-5-133. Height limit. The height limit in the MCX district shall be forty-five . feet. Section 25-5-134. Minimum building site area. The minimum building site area in the MCX district shall be twenty thousand square feet. Section 25-5-135. Minimum building site average width. Each building site in the MCX district shall have a minimum building site average width of ninety feet. Section 25-5-136. Minimum yards. The minimum yards in the MCX district shall be as follows: (1) Front yards, twenty feet; and (2) Side and rear yards, none, except where the adjoining building site is in a RS, RD, RM or RCX district. Where the side or rear property line adjoins the side or rear yard of a building site in an RS, RD, RM or RCX zoned district, there shall be a side or rear yard which conforms to the side or rear yard requirements for dwelling use of the adjoining district. Section 25-5-137. Landscaping of yards. (a) All front yards in the MCX district shall be landscaped, except for necessary access drives and walkways. (b) Any required side or rear yard in the MCX district adjoining a building site in an RS, RD, RM or RCX district, shall be landscaped with a screening hedge not less than forty-two inches in height, within five feet of the property line, except for necessary drives and walkways. Section 25-5-138. Other regulations. (a) Plan approval shall be required for all new structures and additions to existing structures in the MCX district. (b) Exceptions to the regulations for the MCX district regarding heights, building site areas, building site average widths and yards, may be approved by the director within a planned unit development. 119 -15 0 ow" s - ter a• .t' •a • '.r.• ••1• 1,•~ ;,sue' •><t ; .lj• -WT • • • • sal.. r. •r•, i i• Y.••' ° - -ilk • ,~~t'a a•: e. ' • _ • • ~::-a; •?•;•;.v .r4! I(liau • r 419 14 • O • w .•M1 i;~•.S~ 1• f LOCATION MAP Koeala BR93-699 /-OFFICE OF STATE PLANNING, Ramatua STATE OF HAWAII TAX MAP KEY:1 - 6 - 03: por. 3, por. 7, por. S. por. 11, por. 12. Kona Hilo por. 13, por. 14, por. 15, por. 68. 76. & 84 Puna KEAAU. PUNA. HAWAII Kau SCALE: 1• = 2_0001t f HAWAII PETITION AREA 00000001 Exhibit EXHIBIT 'A' a r. or' 2 ! d: c ~ , e • .i~oj l- ` t. I~rO Ax, y I a o 7g ` Yc* s'. 26- 21 L 1 , 6 o. • . Imo'( f j _ ~ ~ :r(23 408 4c~ • ,C. ~ p~ r 52 d~r• i - i_9 Exhibit F .e za TRAFFIC IMPACT ANALYSIS The traffic impact of the proposed project was evaluated by comparing levels of service for the ambient and total traffic forecast volumes. The recently adopted methodology for calculating levels of service at an unsignalized intersection described in the Transportation Research Board Highway Capacity Manual. Special Report 209 (1984) was used. The methodology is summarized in the Appendix The results of the evaluation are summarized on Table A-2. The ambient traffic forecast morning peak conditions are worse than the afternoon peak conditions. The outbound left turn movement from the project's Milo Street (westbound) access is expected to be level of service F in the morning peak an D for the afternoon peak The outbound right turn movement is forecast to operate at level of service B in the AM peak and A in the PM peak The left turn movement from the Bypass Road is expected to be at level of service C in the morning and A in the afternoon. These results indicate the need for actions to mitigate the ambient traffic forecast conditions in the AM peak Traffic signals would be such an action since they would stop the flow of traffic on the Bypass Road so that left turn movements from the side street and the Bypass Road could be made. However, a level of service F condition in itself is not sufficient reason to implement a traffic signal. Warrants described in the Manual on Uniform Traffic Control Devices would need to be met before traffic signals could be installed. The ambient AM peak traffic i forecast volumes do meet the Peak Hour Warrant 11, the PM peak volumes do not. This EXHIBIT TABLE A-2 LEVEL OF SERVICE SUMMARY FOR YEAR 2003 TOTAL FORECAST MILO STREET AT KEAAU BYPASS ROAD AM Peak Hour PM Peak Hour Ambient Total Ambient Total Unsignalized Intersection Analysis Approach Milo Street, Westbound Left Turn F F D F Right Turn B B A A Bypass Road, Southbound Left Turn C E A A Signalized Intersection Analysis Intersection LOS B B 12. indicates that traffic signals would be warranted for the ambient morning peak forecast conditions. The additional traffic generated by the proposed project in the total forecast conditions would cause the outbound left turn movement from Milo Street to be at level of service F in both peak periods. The inbound left turn movement from the Bypass Road (southbound) would decrease from level of service C to E in the morning peak but remain at A for the afternoon peak. The additional generated traffic would not change the levels of service for the outbound right turn movement from Milo Street. ` These results further reinforce the need for mitigating actions such as traffic signals for the total traffic forecast conditions. The total traffic forecast volumes for both peak hours do meet the Peak Hour Warrant 11, indicating that traffic signals would be warranted. It should be noted that traffic signals are normally installed when the existing traffic volumes meet the warrants and not based on short-range traffic forecasts. In the case of I this project, since traffic signals have been shown to be warranted in the future, traffic 1 ' signal conduits should be installed when the Bypass Road is constructed. Then traffic signals would be installed only when traffic volumes meet the warrants, which could be at the time of construction. The subject intersection with the total traffic forecasts were analyzed with the procedure for signalized intersections. The procedure is summarized in the Appendix The results shown on Table A-2 indicate that the intersection would operate at level of service B during both peak hours if signalized. 13. i CONCLUSION Traffic signals are warranted at the study intersection for the ambient traffic forecast conditions with already approved projects. The proposed project, with or without the requested MCX zoning, would generate additional traffic which would further reinforce the need for traffic signals. Therefore, traffic signal conduits should be installed at the I intersection when the Bypass Road is built and traffic signals should be installed when I warranted by actual traffic volumes. 1 1 f ia. SidneyFuke&Associates 100 Pauehi Street, Suite 212 a Hilo, Hawaii 96720 ConsufflN Land Use Planne s Telephone: (808) 969-1522 • Fax (806) 969.7996 'q7 1 ^ 17 P' , ` - 11 3 53 November 18, 1997 Ms. Virginia Goldstein, Director Planning Department COUNTY OF HAWAII 25 Aupuni Street Hilo, HI 96720 Dear Ms. Goldstein: Subject: Agency Comments - Rezoning Request (REZ 97-17) James McCully, TMK: 1-6-03: Portion 5 Thank you for sending me a copy of agency comments regarding the subject matter. In response to these comments, we note the following: Department of Health The applicant is aware that there is a drinking well proximate to the subject site. It is estimated that the northeastern portion of the subject area falls within the 1,000 foot radius of said well. For that area, an air aerobic package treatment system or some other system meeting with the State Department of Health would be constructed by the respective property owner. The balance of the area falls outside of the 1,000 foot radius; and a wastewater system such as a septic system meeting with the Department of Health's requirements will be constructed by the respective property owners. Department of Public Works I met with Casey Yanagihara of the DPW regarding its comments. He noted that the 1,800 foot reference comes from Section 23-29(a) of the Subdivision Code which states that the "recommended minimum distance between intersections on arterial streets is eighteen hundred feet" As the entire length of the parcel is less than 600 feet, we understand that DPW would prefer the project's intersection to be located as far as reasonably possible from the Milo Street/Keaau by-pass intersection. The applicant is tentatively planning to subdivide the property in increments, based largely on demand. The applicant tentatively plans to create a Mot subdivision in the beginning (as shown on the attached map), with access to the two lots coming directly from the extension of Milo Street. The proposed 60-foot right-of-way and the balance of the site would constitute the third lot. EXHIBIT 11277 Ms. Virginia Goldstein, Director November 18, 1997 Page 2 The applicant is aware of the DPW's concern relative to no direct access from Milo Street. However, as discussed with the staff, when a specific tenant and/or layout is configured, the applicant would submit engineering and/or traffic data to the DPW to see whether direct access from Milo Street can occur without compromising the safety and efficiency of the intersection. This would probably occur after the zoning ordinance is acted upon. Accordingly, the applicant requests that there be no condition restricting vehicular access from Milo Street at this time. This matter would be deferred to DPW in conjunction with the subdivision approval process. Please also note that an updated TIAR is now being developed. When completed, it will be forwarded to the DOT, DPW, and your office. We trust that the aforementioned adequately responded to those comments. If not or if there are further questions, please feel free to contact me. Thank you very much. S9 ly~ SIDNEY M. FUKE Planning Consultant enclosure cc Mr. Aaron Ueno, DOH Mr. Casey Yanagihara, DPW w/ enclosure Mr. Jim McCully w/ enclosure i vE S~CF _ used Keaau Bypass PrOP o-- O'Cloo S.f. to ML-20 zoned ML-20 (Configure to needs) (Light Industrial) O N Proposed 60' Right of Way CD to 0,000 s.f. 10 zoned ML-20 (Light IndustriaQ ML-20 (Configure to needs) ENLARGED SITE PLAN ThePrudentlal IV Orchid Isle Properties DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII ~j DATE : November 4, 1997 /GCaiiQ2Gt~Lc~u~lL TO Virginia Goldstein, Planning Director Planning Department FROM `~aelrrof. Ku Division Chi" of Engineering Division SUBJECT: Change of Zone Application (REZ 97-17) Applicant: James McCully Location: Keaau, Puna, Hawaii TMK: 3 / 1-6-03: por. 05 We have reviewed the subject application and our comments are as follows: 1. Comments in our memorandum to the Planning Department, dated December 4, 1996, and Ordinance No. 97-67, still apply. 2. The proposed 60-ft. right-of-way shall be located a minimum of 1,800-ft. away from the proposed Keaau Bypass Road, (§23-29). In addition, provide a no vehicular access, planting screen easement along the proposed lots fronting Milo Street. Comments and requirements concerning the proposed Keaau Bypass Road should be directed to the HDOT. 3. The traffic impact analysis report is invalid without certification by a licensed professional traffic or civil engineer. Should there be any questions concerning this matter, please feel free to contact Casey Yanagihara in our Engineering Division at Ext. 8327. CKY copy: HDOT (Hawaii District) EXHIBIT c\ ur4 11 DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII MI IW1\. 25 AUPUNI STREET • HILO, HAWAII 96720 Cr TELEPHONE (808) 961.8660 FAX (808) 961-8657 November 4, 1997 TO: Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION NO. 97-017 APPLICANT - JAMES MCCULLY REQUEST: ML-20 TO MCX-20 TAX MAP KEY 1-6-003:PORTION OF 005 We have reviewed the subject application. Please refer to our memorandum of December 18. 1996 to you for our comments and requirements. A copy is enclosed. Pursuant to a rate increase approved by the Water Commission, the facilities charge in Item No. 2 will increase from $275,850.00 to 8344,813.00. Remittance of the facilities charge amount of $344,813.00. which is subject to change, is due and payable upon completion of the water system improvements and prior to final subdivision approval. The remaining portion of the memorandum remains unchanged. We are enclosing a copy for your information. Should there be any questions, the applicant can contact our Water Resources and Planning Branch at 961-8660. Milton D. Pavao. P.E. Manager WA:gms Enc. EXHIBIT copy - Mr. James McCully Mr. Sidney Fuke 16922 Water brinp progreee . e' *rrt, If` ff DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII rr Or w'Wol.t~ 25 AUPUNI STREET • HILO. HAWAII 96720 TELEPHONE (8081969.1421 FAX (80819696996 December 18, 1996 TO: Planning Department 1 FROM: Milton D. Pavao, Manager SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION NO. 96-12 - cr CHANGE OF ZONE APPLICATION NO. 96-28 APPLICANT - JAMES McCULLY TAX MAP KEY 1-6-3:5 We have reviewed the subject applications. Water can be made available from the end of an existing 12-inch waterline along Milo Street approximately 500 feet from the property. Pursuant to the Department's "Water Commitment Guidelines Policy," a copy of which is being forwarded to the applicant, a water commitment may be issued. Based an the 102 additional equivalent units requested in the proposed 103-unit development, the required water commitment deposit is $15,300.00. Remittance by the applicant of the $15,300.00 is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change depending on the water situation. Should the subject applications be approved and a subdivision application be executed, approval will be subject to the following conditions: 1) Construct necessary water s:'stem improvements which shall include, but not be limited to: (a) extension of approximately 500 lineal feet of 12-inch waterline from the end of the existing 12-inch waterline along Milo Street to the property, (b) water mains capable of delivering water at adequate pressure and volume under peak-flow and fire-flow conditions; minimum diameter of mains shall be 12 inches, Wafer bringd progress Planning Department Page 2 December 18, 1996 (c) service laterals that will accommodate an appropriately sized meter to each lot, and (d) fire hydrants spaced not more than 300 feet apart. Submit construction plans and design calculations prepared by a professional engineer, registered in the State of Hawaii, for review and approval. 2) Remit the prevailing facilities charge, which is subject to change, of $275,850.00. 3) Convey the water improvements along with the necessary easements to the Water Commission, County of Hawaii. For the applicant's information, the existing 10-inch waterline within the subject property will be replaced by the required 12-inch waterline. The 12-inch waterline is required pursuant to the request for ML-20 zoning so water can be delivered at adequate volume and pressure under peak-flow and fire-flow conditions. Should the applicant have any questions, please call our Water Resources and Planning Section at 961-8660. ~R,u I Milton D. Pavao, P.E. Manager WA copy - (w/att.) Mr. James McCully (w/o att.) Customer Service Sections (Kona, Waimea, Hilo, Ka'u) Hawaii Electric Light Company, Inc. • PO Box 1027 • Hilo. HI 96721-1027 December 30, 1997 Kevin M. Balog, Chairman Planning Commission County of Hawaii 25 Aupuni Street, Rm 109 Hilo, Hawaii 96720-4252 Dear Chairman Balog: SUBJECT: Change of Zone Application (REZ 97-17) Applicant: James McCully TMK: (3) 1-06-003:005 Hawaii Electric Light Company, Inc. (HELCO) submitted oral testimony at the County Council meeting of April 23, 1997 when the Council approved James McCully's State Land Use Boundary Amendment Application (SLU 96-12) and Change of Zone Application (REZ 96-28) for subject parcel. The purpose of our testimony was to express our concern that future owners and tenants of the development may have unrealistic expectations about HELCO's power plant operations on adjacent property. HELCO is not opposed to the rezoning. While the applicant has been very cooperative in working with us to include language in his conveyance documents to disclose the existence of our power plant, we wish to repeat our concerns as you consider this current application to further rezone 14.234 acres from ML-20 to MCX-20. The HELCO power plant operates 24 hours a day, 365 days a year, and produces varying degrees of stack emissions, plant noise and vehicular movement in and around the facility. We are operating the facility in strict compliance with applicable permits obtained from federal, state and county regulatory agencies. However, occupants of surrounding properties may not be aware of this fact and unnecessarily complain about air and/or noise quality and their effects on personal health and property. Therefore, we urge that the foregoing be taken into consideration in your final approval and that future development be undertaken with the knowledge that the HELCO power plant operates in the immediate vicinity. Thank you for the opportunity to comment. Should you have any questions, feel free to contact me at the address above, or call me at 969-0261. You s truly, Mark K. Gushi en EXHIBIT Land Administrator cc: Mr. James McCully Mr. Sidney Fuke (x(;0',5 B-1/2 Miles Camp Association P.O. Box 826 Keaau, Hawaii 96749 March 16, 1998 Planning Commission County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Planning Commission: This is to follow up on our letter of January 13 to you, expressing our Association's support of Mr. James McCully's proposed MCX zoning. We would like to re-affirm our strong support for this rezoning. With the by- pass, our community will be cut off from the rest of Keaau. We will have to travel a long way to shop for our basic needs. This is not fair. By approving Mr. McCully's project, it would make it possible to have certain retail uses. These uses would be beneficial to our community. We think the by-pass was not planned well. That we cannot change and must live with. However, what we hope to change and live with is this: We want uses that can service the needs of our community. And we believe by approving this zoning, you will make this possible. We ask that you think of us and vote YES on Mr. McCully's request. Thank you very much. Sincerely, Ag pi o Sumarnap Guilermo Padilla President Vice-President Filomena S6marnap Nerie Padamoda Secretary Treasurer ~_by - list' d ~ Read I rQPy ia.run .cc~a K -Rgn( L,jmpd" inc. December 30, 1997 ® Ar .y Kevin M. Balog, Chairman Planning Commission County of Hawaii 25 Aupuni Street, Rm 109 Hilo, Hawaii 96720-4252 Dear Chairman Balog: SUBJECT: Change of Zone Application (REZ 97-17) Applicant: James McCully TrIK: (3) 1-06-003:005 Hawaii Electric Light Company, Inc. (HELCO) submitted oral testimony at the County Council meeting of April 23, 1997 when the Council approved James McCully's State Land Use Boundary Amendment Application (SLU 96-12) and Change of Zone Application (REZ 96-28) for subject parcel. The purpose of our testimony was to express our concern that future owners and tenants of the development may have unrealistic expectations about HELCO's power plant operations on adjacent property. HELCO is not opposed to the rezoning. While the applicant has been very cooperative in working with us to include language in his conveyance documents to disclose the existence of our power plant, we wish to repeat our concerns as you consider this current application to further rezone 14.234 acres from ML-20 to MCX-20. The HELCO power plant operates 24 hours a day, 365 days a year, and produces varying degrees of stack emissions, plant noise and vehicular movement in and around the facility. We are operating the facility in strict compliance with applicable permits obtained from federal, state and county regulatory agencies. However, occupants of surrounding properties may not be aware of this fact and unnecessarily complain about air and/or noise quality and their effects on personal health and property. Therefore, we urge that the foregoing be taken into consideration in your final approval and that future development be undertaken with the knowledge that the HELCO power plant operates in the immediate vicinity. Thank you for the opportunity to comment. Should you have any questions, feel free to contact me at the address above, or call me at 969-0261. Your i 'Ly Mark K. Gush- en EXHIBIT d Rid Land Administrator FT• v COPY cc: Mr. James McCully Mr Cirinev Fuke . P Greenhouse Speci3liits Inc: HI PHONE NO. : 8089826560 'gar. 18 1996 OC:50FN Pl '6, " SPECIALISTS, INC. C> HCR 2 Box 6433 Keaau, Hawaii 96749-9307 (808) 982-6565 Fax: 982-6560 Planning Commission 3/18/98 Hawaii County plannaing Dept. 8.5 Aupuni St. Rm. 10 Hilo, HI 967:0 Ref: Application by James McCully for zone change TMK 3-1- 6-3-5. Dear Sirs: We respectfully request that the Planning Commission approve this request for zone change so Mr. McCully can get an with his plan to utilize this land for development. It is our belief that anything you can do to help spur development, and therefore, create jobs for Hawaii residents would benefit the County. pur new warehouse is about ready for occupancy on Milo St. We will be delighted to have neighboring businesses in that area. This re-zoning can only help all of us. Sincerely Dan Beaton, President Greenhouse Specialists, Inc. i / fit 6by~ d 1 Read FIL? s kLA ' AU MILL, LTD. P.O. BOX 579, KEA-AU, HI 96749-0579 PH. 959-0070 March 19, 1998 Virginia Goldstein, Planning Director Hawaii County Planning Dept. 25 Aupuni St. Hilo, HI 96720 Dear Ms. Goldstein: Subj: James McCully (REZ-97-1 7) Change of Zone Appl. I represent Kea ' au Mill, Ltd. and Stephen H. Swift, the long term lessee and .he owner of the adjacent property to James McCully. Presently we have commercial activity in our former Puna Sugar Co. administrative office building. Lessees are Tropical Hawaiian Products, New Hope Kea'au Christian Fellowship, Hawaii Island Economic Development Board and Jas. W. Glover, Ltd. We would welcome and encourage additional commercial uses on Mr. McCully's property and support this request for rezoning. This community needs additional choices for commercial and industrial uses. Sincerely, (5-& '"Y'illiam R. DeMent President and General Manager ca by~ a Read _ FILE COPY Hawaii Chfistlm Camping iAssaciation, Inc. rt:rokwr LOerty sr~oa rAv bNi+dc Cw'r M HAW MA160N Gub 2676 Kilauea Avenue -Hilo, Hawaii 9872(1 phone: (ilea) 959.198:, Maras 19, 1998 V'rgmia Goldstsm, Planning Cirector Hewett CouM Planning Ceparanent 25 Aupuni ,'Shreet Hdo, Havwri98720 FE. James McCully Remnng Appumaon (H E Z37 - 171 Dear Mrs. Gold=in. Alone knual I am writing this letter on behetf of Hawaii Chr'rsbAn Camping Araaciebon in response to the r=mng capllraoon submitted by James McCully. H= has recently begun conuV+ ction on our Iot TMK 3 - 1 - 6 1713.01743Lt1- W1 z. lccatcd at the end of Milo Swce: in Kas'au. We understand that this is the area fur. will to effected should the rvoring for commercial use be granted. i iAwai i Chairman Camping Association door not object to the request for the devebpment of this onryerty for conmerael use. Thank you for your kind am. on to this fetmr. 6ince Alicia K. Yogi Business Manger Jahn 'Jay' SCMOwnfiw' Chairman Mane Rieck, Member Tray I FBmel, Vrce-Chairman Akio Td" Yogi, Member Robaft aLa1, Sucrw4 ay Rodney Choi, Member Akw K. Yogi. Treasurer Bab M. Wood. Jr. Csmp Director l( ngby t'd Rc.•d OAYETANO KAZU HAYASHIDA GOVERNOR rtE^~"titi DIRECTOR A 1958 • •9'Ni' • ~'i DEPUTY DIRECTORS j { I BRIAN K. MINAAI 9 GLENN M. OKIMOTO ~SPS"'o m R'. STATE OF HAWAII IN REPLY REFER TO. DEPARTMENT OF TRANSPORTATION HWY-H HIGHWAYS DIVISION HAWAII DISTRICT 98-2.0297 50 MAKAALA STREET P.O. BOX 4277 HILO, HAWAII 96720 TELEPHONE: (808) 933-8866 • FAX' (808) 933-8869 March 18, 1998 Ms. Virginia Goldstein Director Planning Department County of Hawaii 2_5 Aupuni Street. Room 109 Hilo, Hawaii 96720 Dear Ms. Goldstein: SUBJECT: Change of Zone Application, ML-20 to MCX-20 (REZ 97-17) Applicant: James McCully Tax Map Key: 1-6-03: por. 05 We ordinarily limit our comments to mitigation of traffic impacts and we leave planning considerations up to the Planning Department. However, the subject application's potential impacts go bevond simple traffic impacts. Proper planning of where and how growth takes place in the Kea`au town area will directly affect the future of the Bypass Road. The short-term impact of the proposed change of zone will be increased traffic generated by the property itself. The mixed commercial use makes the property more attractive to a wider variety ofpotent ial tenants. Th. property can also be more flexibly configured to provide maximum density. Market conditions will dictate the best and highest use of the property. Development will probably be faster and of higher density, with corresponding traffic increases. The result of the short-term impact will be to accelerate the installation of a traffic signal at the Milo Street intersection. The Kea`au Bypass Road will open with three traffic signals: Volcano Road intersection, Kea`au High School Connector Road intersection, and Road B intersection (Pahoa-end connection). Although a traffic signal will eventually be needed at the Milo Street intersection, the proposed change of zone will accelerate such need. With each new traffic signal, the Bypass Road will act less and less like a true bypass. The long-term impact will be to accelerate the rate of urbanization. Approval of zoning for one property tends to influence future zoning of adjacent properties. It will be very attractive to other -i Ms. Virginia Goldstein HWY-H March 18, 1998 98-2.0297 Page 2 property owners to seek the best and highest use of their respective properties. Development of adjacent properties leads to spreading of the Kea`au town urban core and its traffic. The result of the loner term impact is the Kea`au Bypass Road will become a roadway cutting through the middle of the town. New intersections will need to be constructed. Traffic will become stop-and-go, instead of free flowing. Although this is a normal urbanization process, the proposed application will tend to accelerate it. We defer to the County to weigh the above growth and planning considerations. In the event that the County chooses to approve the application, we recommend the following minimum traffic mitigation measures: 1. Monitor traffic counts at the Milo Street/Kea`au Bypass Road intersection and provide traffic signal warrant study upon request by the Department of Transportation. 1 Install a traffic signal system at the Milo Street/Kea` au Bypass Road intersection. Provide connection with adjacent traffic signal systems for coordinated timing. Should you have any questions, please call me or Mr. Robert Taira at 933-8866. Very truly yours, ~URA ( ~A STANLEY TAM~ Hawaii District Engineer cc: Mr. Sidney Fuke, Sidney Fuke & Associates Mr. Ed Harada, M&E Pacific, Inc. Supermarkets Marv •~ap~F'ls -n:JN~ 547. FAX Son 5-% March 19, 1998 Mr. Kevin Balog, Chairperson Hawaii County Planning Commission County Of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Mr. Balog: Rezoning Of Lands - Keaau Bypass Zoning From ML-20 to MCX Tax Map Key - 1-6-3-95 We would like the County Planning Commission to consider not granting the re-zoning of lands for mixed used zoning along the proposed Keaau bypass road. However, we would like to support the Planning Department's efforts to further develop the town of Keaau as a strong commercial district supporting the Puna area for the following reasons: 1.) Mixed use along the highway would create a second business district and defeat the purpose of the Keaau bypass. The purpose and mission of the Keaau bypass was to eliminate the congestion through the Keaau Village. The Keaau bypass should remain as a bypass and support efficient travel which reduces travel time, increases safety, and supports evacuation in case of an emergency. 2.) Further development of the Keaau business area would add synergy to existing commercial developments in Keaau. This can be seen in the Prince Kuhio and Puainako area where concentrated commercial activities have produced a magnetic effect assisting all businesses in that area. 3.) Businesses planning to invest in communities depend on the General Plan to envision their long term growth strategies and corresponding investments. Investors need the confidence of a secure and trustworthy General Plan to achieve targeted financial objectives. 4.) The County Of Hawaii's General Plan does not recognize this proposed area for mixed use. If we allow zoning here, then do we start zoning lands adjacent to the highway between Keaau and Pahoa and/or between Keaau and Volcano? A General Plan amendment would be a more orderly way to promote growth and provide services to any community. The Keaau bypass should remain a bypass and any further development of Keaau Town should be encouraged and planned according to the County of Hawaii's General Plan. We support growth and welcome additional businesses. We wholeheartedly support further business development in the Keaau area and encourage businesses to invest in the growing Puna area. Sincerely ours, Carl H. O yam President, CAYETANO r KAZU HAYASHIDA OG:'E''~C~E•• hq ^ DIRECTOR f,Ai. •\\959 9'.~ 5' Se%w6 DEPUTY DIRECTORS BRIAN K. MINAAI 99 GLENN M. OKIMOTO 7q .o STATE OF HAWAII IN REPLY REFER TO DEPARTMENT OF TRANSPORTATION HWY-H HIGHWAYS DIVISION HAWAII DISTRICT 98-2.0297 50 MAKAALA STREET P.O. BOX 4277 HILO, HAWAII 96720 TELEPHONE: (808) 933-8866 • FAX: (806) 933-8869 March 18, 1998 Nis. Virsinia Goldstein Di ector Planning Department County of Haivai `i 15 Aupuni Street, Room 109 Hilo. Hawaii 96720 Dear Ms. Goldstein: SUBJECT: Change of Zone Application, ML-20 to MCX-20 (REZ 97-17) Applicant: James McCully Tax Map Key: 1-6-03: per. 05 We ordinarily limit our comments to mitigation of traffic impacts and we leave planning considerations up to the Planning Department. However, the subject application's potential impacts go beyond simple traffic impacts. Proper planning of where and how growth takes place in the Kea`au town area will directly affect the future of the Bypass Road. The short-term impact of the proposed change of zone will be increased traffic generated by the property itself. The mixed commercial use makes the property more attractive to a wider variety of potential tenants. The property car, also be more flexibly configured to provide n,axtr:;um density. Market conditions will dictate the best and highest use of the property. Development ill probably be faster and of higher density, with corresponding traffic increases. The result of the short-term impact will be to accelerate the installation of a traffic signal at the Milo Street intersection. The Kea`au Bypass Road will open with three traffic signals: Volcano Road intersection, Kea`au High School Connector Road intersection, and Road B intersection (Pahoa-end connection). Although a traffic signal will eventually be needed at the Milo Street intersection, the proposed change of zone will accelerate such need. With each new traffic signal, the Bypass Road will act less and less like a true bypass. The long-term impact will be to accelerate the rate of urbanization. Approval of zoning for one property tends to influence future zoning of adjacent properties. It will be very attractive to other Ms. Virginia Goldstein HWY-H March 18, 1998 98-2.0297 Page 2 property owners to seek the best and highest use of their respective properties. Development of adjacent properties leads to spreading of the Kea`au town urban core and its traffic. The result of the long-term impact is the Kea`au Bypass Road will become a roadway cutting through the middle of the town. New intersections will need to be constructed. Traffic will become stop-and-go, instead of free flowing. Although this is a normal urbanization process, the proposed application will tend to accelerate it. We defer to the County to weigh the above growth and planning considerations. In the event that the County chooses to approve the application, we recommend the following minimum traffic mitigation measures: 1. Monitor traffic counts at the Milo Street/Kca`au Bypass Road intersection and provide traffic signal warrant study upon request by the Department of Transportation. 2. Install a traffic signal system at the Milo Street/Kea`au Bypass Road intersection. Provide connection with adjacent traffic signal systems for coordinated timing. Should you have any questions, please call me or Mr. Robert Taira at 933-8866. Very truly yours, STANLEY TAMURA HaNvai`i District Engineer cc: Mr. Sidney Fuke, Sidney Fuke & Associates Mr. Ed Harada, M&E Pacific, Inc. IENJAMIN J. CAYETANO KAZU HAYASHIDA DIRECTOR GOVERNOR DEPUTY DIRECTORS BRIAN K. MINAAI GLENN M. OKIMOTO o~ ~`'4su STATE OF HAWAII IN REPLY REFER TO: DEPARTMENT OF TRANSPORTATION HWY-H HIGHWAYS DIVISION HAWAII DISTRICT 98-2.0075 50 MAKAALA STREET P.O. BOX 4277 HILO, HAWAII 96720 TELEPHONE'. (808) 933-8866 • FAX: (808) 933-8869 January 27, 1998 Mr. Sidney Fuke Sidney Fuke & Associates 100 Pauahi Street, Suite 212 Hilo, Hawaii 96720 Dear Mr. Fuke: SUBJECT: Traffic Impact Analysis Report Change of Zone Request (REZ 97-17) James McCully. Tax Map Key: 1-6-3: por. 05 Kea`au-Pahoa Road, Kea'au Town Section, Project No. 130B-01-92 Thank you for the updated traffic report and our comments are: 1. Provide an estimated schedule for development of each separate trip generating source of traffic. It is unlikely that the Christian Liberty School and the light industrial park will be at full build out by the time the Kea`au Bypass Road opens. 2. Provide a separate breakdown of volumes of traffic associated with the development schedule. This will assist us in determining when improvements will become necessary. 3. The subject traffic report studied the T-intersection configuration only. If a traffic signal is deemed warranted at the immediate opening of the Kea`au Bypass Road, the Department of Transportation may re-evaluate the T-intersection configuration of Milo Street. Further revision of the traffic report may be required if the configuration is subsequently changed. 4. Traffic signal operations at the Volcano Road intersection and the Kea`au High School Road intersection may provide gaps in the through traffic for left-turn movements. This may help mitigate Level of Service "F" conditions. Mr. Sidney Fuke HWY-H January 27, 1998 98-2.0075 Page 2 5. Vehicles making a left-turn from Milo Street have a left-turn acceleration lane on the Kea`au Bypass Road. This may also help to mitigate Level of Service "F" conditions. Should you have any questions, please call Mr. Robert Taira at 933-8866. Very truly yours, ~V v~w Lax STANLEY TAMURA Haxvai`i District Engineer cc: County of Hawaii, Planning Department l "NJ CAYETANC yN KAZU HAVASHIDA or GOVERNOR DIRECTOR ,91y 7 DEPUTYDIRECTORS GLENN -M. OKIMOTC e BRIAN K. MINAAI STATE OF HAWAII IN REPLY REFER TO DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET STP 9.8331 HONOLULU, HAWAII 96813-5097 January 12, 1998 Ms. Virginia Goldstein Director Planning Department County of Hawaii 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 Dear Ms. Goldstein: Subject: James McCully Subdivision Change of Zone (REZ 97-17) TMK: 1-6-3: Por.5 Thank you for your transmittal requesting our review of the subject application. The subject development will have an adverse impact on our State transportation facilities. As such, the developer should be responsible to mitigate the impacts attributable to his development. The Traffic Impact Analysis Report (TIAR) should be revised for our review and approval. The TIAR should be corrected to reflect and address the configuration at the intersection of Milo Street and the Keaau Bypass Road as a T-Junction rather than a four-leg intersection. It should also identify the required mitigation measures the developer will be responsible to provide. Construction plans for work within our highways right-of-way must be submitted for our review and approval. We appreciate the opportunity to provide comments. Very truly yours, 44 KAZU HAYASHIDA Director of Transportation F 1 -7.3 GZU1~~ C~~~ COUNTY ENVIRONMENTAL REPORT REZONING REQUEST JAMES McCULLY TAX MAP KEY: (3) 1-6-03: 5 POR KEAAU, PUNA, FIAWAII y. TEI No .8C896'-7596 yep 70,97 11:40 No.006 P.02 COUNTY OF HAWAII PLANNING DEPARTMENT CHANGE OF ZONE APPLICATION (Type or legibly print the requested information) APPLICANT: James MCC 41 10/2/97 APPLICANT'S SIGNATURE: DATE. ADDRESS: P.O. Box 5 Hakalau, HI 96710 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (808) 963-6233 (Res.) (Fax) (808) 963-6736 LANDOWNER(S): Francirre McCull LANDOWNER SIGNATURE(S) L~l r ktM1 DATE: 1D/2/97 ay be by lour) LANDOWNER(S) ADDRESS: REQUEST: ML-20 TO MCX-20 TAX MAP KEY: (Existing Zoning) (3) 1-6-03 (Proposed Zoning) : 5 por STREET ADDRESS OF PROPERTY'.- None SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 14.234 acres AGENT: Sidney Fuke ADDRESS: 100 Pauahi street, Suite 212 Hilo, HI 96720 TELEPHONE:(Bus.) (808) 969-1522 (Res.) (Fax) (808) 961-2776 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney Fuke COPIES: James McCully (See Instructions on Reverse Side) ATTACHMENT Commercial, RM, Resort, & Industrial PLANNING DEPARTi"ENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? yes If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requestea area do you intend to subdivide? 14+ acres b. Into what lot sizes? 20,000 to 1 acre c. If your request is approved, approximately how long after the sate of approval do you expect to submit your subdivision plans to the Planning Department immediately 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 wno has firm plans? b. Sell or lease the land to someone who has tentative plans? C. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) f. If you intend to do either a, o, 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 ouilding (apartment, office, launderette, etc.); financing arrangement; timetable for construction; and any other information whicn you feel might help us in evaluating your request. The goal is to make these MCX lots available to buyers who, inturn, would develop the lots. Tentative uses include a gas station, restaurant, and the like. 4. Have you performed any study which would demonstrate a need for your proposed building and/or development? no If so, please elaborate on your findings in the space provided below. -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 celow. Please refer to attached County Environmental Report o. Are there any buildings on the subject area? no If so, what kind? What do you intend to do with those buildings if your request is approved? 7. Is the subject land currently being used for any agricultural activitity? no if so, please list the kinds of products grown and on how many square feet or acres of land per product. -3- S. To your knowledge, has there been any flooding and/or drainage problem on the subject area? no If so, please describe the problem. 9. Do you think that the roads leading to the subject area needs improvement? yes if so, what kind? The applicant, together with other obligated users of the Milo Street extension, will make the necessary roadway improvements from the Keaau by-pass. Is the road adequate for the proposed traffic volume or load? yes 10. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools x x b. Roads x c. Sewer d. Drainage x e. Police Protection x f. Fire Protection x g. Recreational Facilities x h. Public Utilities x i. Other x -4- TEi ho K8'9697996 Sep a0.97 1_1:4% No.OC6 _ I II Fcr those checked eyes," please elaborate what type or kinds of improvements and/oc assistance are needed. 11. Have you performed any historic sites study and/or survey of the subject area? If so, what were the results? Please, also, submit a copy of the study together with this change of zone supplement. No commissioned survey was performed as the site has been used intensively for over. 50 years Gsugar ca e. Vui, 1 Signature: Address: .0 S Hakaiau. HI 96710 Telephone: 808) 963-6233 Date, Oct. 2, 1997 _5- 6338A/50A P.C. 5/84 COUNTY ENVIRONMENTAL REPORT REZONING REQUEST JAMES McCULLY TAX MAP KEY: (3) 1-6-03: 5 POR KEAAU, PUNA, HAWAII I. INTRODUCTION The applicant, James McCully, is requesting a 14.234 acre portion of the subject property to be rezoned from Limited Industrial (ML-20) to Industrial-Commercial Mixed District (MCX--20) in Keaau, Puna, Hawaii. The property is located approximately one mile east of the Keaau Town Center at the end of Milo Street, in the vicinity of the former Puna Sugar Company Mill site. The requested area is a portion of a 31+ acre area. Earlier this year, the requested area (14.234 acres) was rezoned from Agricultural (A-20a) to Limited Industrial (ML-20). (Ordinance No. 97-67). The intent of the initial request was to allow limited industrial and small scale agricultural activities. It was not intended to be oriented to heavy or general industrial uses. After submittal of the Limited Industrial rezoning request, the new Zoning Code was adopted which created the requested mixed Industrial./Commercial district. Based on the area's surrounding uses, the applicant believes that the more appropriate zoning would be the MCX district, as it would allow a variety of uses that can service the immediate neighborhood. H. PROJECT LOCATION The subject area is located in the vicinity of the former Puna Sugar mill in Keaau. Specifically, it is located beyond the paved portion of Milo Street. (Figure 1) A Special Permit (SP 96-3) was recently approved for a greenhouse material supply house on a property immediately across or south of the subject area. (Figure 2). A floral packing plant is located adjacent and to the east of the greenhouse material supply house. Further west of the subject area, a church and school complex was also approved and is scheduled for construction within the next two years. Access to the site will be via the Keaau By-pass road, which should be completed within the next two years. There are alternative accesses in the interim, which include a north/south access that goes to a papaya processing and packing plant; and a road coming from the Keaau-Pahoa Highway. All of these accesses are private. Although the parcel consists of 31+ acres, the requested zoning covers only 14+ acres. 1 S s TRl1E No~TH y y o sT sT r,o ~P KEAAU VILLAGE II D l~ / xc-.vnu S ~ 9LH ObL i~ 1.\ r I /l Iii ~P RoAO ~ i i ~ ~ PROJECT SITE ~/SUfiAR co. MiL~ ~ i / j ~ \ ~°oRTror-r of \ KEAAL ROAD SOLO RAILI~OAO ~ Rip HT-oF -WAY \ 1 PROJECT ~ LOCATION \ LOCATION MAP ISLAND OF HAWAII SCALE : IIN. = 2000 FT. KEAAU, PUNA, HAWAII TAX MAP KEY : 3RD DIV. 1-6-03:5 FIGURE 1 J/s 0 9HI P,^nAN ~ ' ~i/~ OU pTIQ1AL VOL ='l~NC/ ~ ~ ! I///,%~ PROPOSED PROJECT LOCATION Tax Map Key: (3) 1-6-03: Portion of 5 17 "w _E--Future Greenhouse & Nursery Supply Project Site PAHOA / QOAp ~I Figure 2 III. PROJECT DESCRIPTION A. Project Concept and Components The applicant's original plan to subdivide the property (Figure 3) has not changed. The lot sizes, however, may vary to accommodate the needs of the potential purchasers and/or users of the lots. What has changed, however, is the applicant's preference for the MCX zoning to allow a greater mix of uses within the area. The location of this area would readily lend itself to MCX type of uses that can be supportive of small-scale agricultural activities and the needs of the village of Keaau and its surrounding areas. It should be noted that there is a plantation "camp" southeast of the project site. There is also a planned church/school complex further south. The proposed mixed use would thus be more compatible with those uses than the ML district. Had the new Zoning Code being in effect prior to submittal of the initial application, the MCX zoning would have been the requested category. B. Project Timetable and Cost The applicant is in the process of developing specific develop plans for the site. These include coordinating access requirements with the State Department of Transportation relative to its Keaau by-pass project, as well as the other adjoining property owners who have a requirement to make access improvements to the extension of Milo Street. The applicant hopes to begin subdividing the property within the year, with occupancy no earlier than the opening of the Keaau by-pass. Said by-pass is anticipated to be completed in 1998 or early 1999. The estimated cost of the improvements is estimated at $1 million. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject area is designated Urban. It was reclassified by the County in conjunction with the ML zoning request earlier this year. The balance of the site is still designated Agriculture by the State Land Use Commission. No State land use permitting action is required. 2 — - -- I r -----,, N i 11 U 10 Q 0 to r I- Jn o 2 U4thf- I U Q 0 U (; u d- 0 m tWWo N ui U u ,Q d t0 Q +1 0 0 o m (c1 \ .._.. \ cd M \ \ K I I e. T \ t \ 9 it. I ) \\\ o ^ o I ' o aN • I I- \ ° V ru U 1 ' CoQ U � o ski - - --- Figure o\ ‘c\13 \ g- ,6‹ 3 N I Proposed Project \ ,t, N6 oQ \ 0 U.6 \ 2 . 1,41,-(7 f B. County General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the site Industrial. The requested zoning would be consistent with this designation. It should be noted that there is a site in the city of Hilo that was recently zoned into the MCX district. The General Plan LUPAG map designation for that site was also Industrial. C. County Zoning The County zoning of the subject area is ML-20. The requested MCX-20 zoning would allow a variety of commercial uses that are presently not allowed in the ML district. If approved, the site would be subdivided in a manner meeting with both the Zoning and Subdivision Codes. Further, all uses and standards consistent with the MCX zone would be adhered to. D. Other Permitting Considerations The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as noted earlier, other permits would still be required. These would be of the "ministerial" variety, such as Plan Approval and Building Permit. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The elevation of the site is approximately three hundred (300) feet above mean sea level. The site is fairly level with no significant on-site undulations. The mean annual rainfall in this area ranges between 125 to 175 inches. The wetter months tend to occur between October through April. The mean annual temperature is about seventy three (73) degrees Fahrenheit. Wind patterns are generally tradewinds (easterly) during the day, and westerly during the evenings. The site is rectangular in shape. It has about a six hundred (600) foot frontage and extends about one thousand (1000) feet in a north to south direction. The site is vacant of any structures. 3 B. Soils and Topography The topography of the site slopes slightly in a west to east direction. The grade, however, is less than 10 percent. The US Department of Agriculture Soil Conservation Service Soil Survey Report classifies the soil to be of the Olaa series, specifically, the Otaa Silty Clay Loam (OaQ. This series is characterized by moderately deep, moderately fine soil. Permeability is rapid, runoff is slow, and the erosion hazard slight. This type of soil was formerly used mainly for sugarcane. The Land Study Bureau Overall Master Productivity Rating for the subject area is Class "C" or fair. This suggests the site does have good productivity potential for orchard or pasture use. C. Natural Hazards L Drainage The US Corps of Engineers' Flood Insurance Rate Map (FIRM) designates the site in Zone X, areas outside the 500-year flood plain. There are no existing drainageways on the site. Should drainage measures be required to accommodate the development, they will be done in conjunction with the subdivision approval process and/or the construction of structures on the resultant subdivided lots. 2. Tsunami Hazard As the site is located over 10 miles from the ocean, it is located outside of the Civil Defense's Tsunami Evacuation Zone. 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies the area as Lava Flow Hazard Zone 3, on a scale of ascending risk 9 to 1. The entire City of Hilo and the Keaau area fall in this category. There is very little that can be done to mitigate this situation and reflects an ongoing threat to all residents and businesses in these areas. The entire island of Hawaii falls within Earthquake Zone 3, according to the County Building Code. As such, certain structural requirements 4 will be needed and taken during the building permit process to address this seismic hazard. D. Flora/Fauna Although there were no professional surveys conducted of the floral or faunal resources of the site, the applicant does not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. The site has already been cleared. It was previously planted in sugar cane, and is now overgrown with "California" and "Guinea" grass. Thus, floral impacts should be minimal. Further, the quasi-urban setting of the site and immediately surrounding areas, combined with the extent of the former use of the site, impacts to any endangered faunal species should be negligible. E. Historic/Archaeological Resources No archaeological inventory survey was conducted of the subject area. However, given its former sugar cane use, it is highly unlikely that archaeological remains would be found on the subject site. Nonetheless, during the course of developing the subdivision, should any unanticipated archaeological features or sites be uncovered, work will cease and the applicant will immediately notify the Planning Department. F. Water and Coastal Resources The subject site is located well over ten (10) miles from the coastline. As such, coastal impacts resulting from discharge of wastewater svstems from the site should not be significant. Further, being a non-coastal property, no coastal access will be affected. The area is underlain by basal groundwater. The County potable wells are located less than a mile from the site. As the wastewater from the project will be serviced by sewer system meeting with the approval of the Department of Health, there should be adequate protection of these wells. Cesspools will not be allowed, and individual svstems such as septic tank or higher level will be installed in conjunction with the actual development of the respective lots. 5 G. Noise, Air Quality, and Dust The extension of Milo Street will serve as the major thoroughfare in this area. It will connect to the Keaau by-pass and will serve as the principal access of other commercial/agricultural, a future church/school, and some residences. The existing ambient traffic level in this area is quite low. As such, the corresponding noise level is quite low. With the completion of the by-pass, however, the noise level is anticipated to increase. While the proposed development will add to the traffic, and in turn, affect the ambient noise level, the impact should not be as pronounced as the by-pass traffic. Further, with the requested zoning, the traffic is expected to be a diurnal and not nocturnal one. The impacts to residences, thus, should be less. The proposed development should not generate any direct air ua ahty impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant. With higher EPA standards for automobile air emissions, the air quality impact should thus hopefully not be significant. All of the required parking area within the project site must be paved with an all-weather, dust free surface. Landscaping will also be required as part of the Plan Approval requirement. As such, with the exception of construction dust in the beginning, long term dust generated by the project should be minimal. H. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site. However, there were a few examples cited within the Keaau area. These included the royal palms fronting Keaau School and the views of Mauna Kea and Mauna Loa from major roadways. The proposed development would not have any visual impacts on those and other listed scenic resources in the area. The site is located makai of the Keaau by-pass, and as such, will not affect any of the views to the two mountains. 6 a VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The mixture of land uses in this area suggests an area in transition. The transition is from a former mill and sugar cane site to some residential, light industrial, and commercial uses. Within a mile of the site, there are an existing former plantation camp and residences along Milo Street; flower packing and storage facility; future retail store dealing with agricultural products, and a future church and educational facility. The proposed development would thus not be incompatible with the existing and approved uses for this area. Although the project could have some impacts on the existing residential uses, the by-pass serves as an effective buffer from the subject site. Then, too, the other residential area is a former plantation camp located about a mile from the site. Given the above, the mixture of uses suggests an area in transition, and the proposed development would not be incongruous with that pattern. B. Economic Impacts The requested zoning would have some measure of economic impact, as it would make fee simple properties available for either light industrial or commercial uses. New businesses could be started, and some may even decide to relocate here. In so doing, it could strengthen the entire town of Keaau. There could be some real property tax consequences for surrounding properties. As the assessed valuation of the subject property rises due to the higher commercial use, there could be some fallout to neighboring properties. Nonetheless, for homeowners intent on keeping their property for residential uses, there are tax provision that allow the homeowner to "freeze" the valuation of one's property for a certain period of time. C. A2riculturalImpacts The site has not had any recent agricultural activities. The site, however, was used for sugar cane over twenty (20) years ago. Thus, its resource potential has already been established. 7 Notwithstanding the site's agricultural resource potential, the site is already zoned for light industrial (ML) uses. As such, it has been determined by decision-makers that non-agricultural uses of this site would not militate against the State and County's long-term agricultural objectives. This request would merely amount to a "shift" of the type of urban uses of this site from a light or limited industrial one to a mixed commercial/industrial one. VII. INFRASTRUCTURE CONSIDERATIONS A. Road Upon completion of the Keaau by-pass, the project would have direct access to a major cross-town thoroughfare. The project is not anticipated to be available for occupancy until this by-pass is completed. Thus, any consideration for interim access is moot. The applicant is now working with the State to see how much of the subject property will - if at all - be affected by the by-pass project. Any land to be set aside for the by-pass will not have any significant impact on the development of the project. It should be noted that in conjunction with the limited industrial (ML) rezoning process, a Traffic Impact Analysis Report (TIAR) was prepared. This report is attached as Appendix A. The report concluded that the proposed project was "not expected to have an adverse traffic impact on the neighboring roadway system." Further, with the construction of the by-pass, the traffic impact on existing roadways should be reduced. While there may be more commercial uses resulting from the requested MCX zoning than the existing ML district, the construction of the by-pass and the resultant closure of Milo Street at the Keaau end should help mitigate the additional traffic anticipated by the commercial uses allowed within the MCX zoning district. Within the project itself, the roads will be constructed to County dedicable standards. This will be done in conjunction with the subdivision approval process. B. Water There is an 8-inch County water line fronting the subject site. There is also a 10-inch line running along the eastern edge of the site. This line provides 8 water from the wells as the former Puna Sugar Mill site to the Olaa-Mt. View System's Station No. 3. It also provides service to the parcel adjacent and to the east of the subject site. While the location of the line does not inhibit the development of the site, the applicant will attempt to have the line relocated. This will be done in coordination with the Department of Water Supply. The existing 12-inch line along the mauka end of Milo Street will probably have to be extended to the subject site, approximately 500 feet. C. Wastewater There is no County wastewater system in this area. As such, only cesspools or septic tank system meeting with the approval of the Department of Health will be allowed. However, as a portion of the site is located within a 1,000 feet of a water well, air aerobic package treatment system will be required for those affected lots. D. Solid Waste Solid waste will be handled through a commercial hauler into authorized landfill sites. With the requested MCX zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. E. Other Government Services As this area is already part of the Keaau urban area, it is already being serviced. No extension of government services would be required. The Police and Fire Stations and emergency medical services are located about one (1) mile away. This project should have little or no direct impacts to schools, parks, and other related facilities. F. Other Utilities All other utilities such as telephone and electrical services, are available to the site. 9 C VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-Term Productivity The short term use of the site would probably be an undeveloped tract of land. However, if the rezoning request were denied, the applicant would proceed withthe industrial subdivision. The actual development of the respective lots, however, would be a function of demand. And when developed, certain uses could create more of an adverse impacts to existing and proposed uses in the area than uses allowed within the MCX zoning. Given the transitional nature of the area, the retention of the light industrial zoning may not result in the site's best use for surrounding properties. Having the site in a MCX zone would not only fulfill the land use concept of the General Plan, but it could be more compatible with the surrounding areas. B. Irreversible and Irretrievable Commitment of Resources The subject site is already disturbed. As such, the commitment of natural or other resources (such as archaeological) would not appear to be an issue. C. Mitigative Measures As the parking area will be paved with an all-weather, dust free surface, there may be some drainage considerations. If there are drainage issues, this will be done in conjunction with the permitting and permit implementation phases of this project, both at the subdivision level and secondarily, at the Plan Approval and/or building permit phases. To minimize impacts to existing street system, the project is not anticipated to be ready for occupancy until completion of the by-pass. Appropriate driveway access and related infrastructure to service the project will be provided by the applicant. As the site is presently vacant, no individual or businesses would have to be dislocated and/or relocated. 10 c , D. Alternatives to the Proposed Proiect 1. No Proiect Under this status quo alternative, the site remains in its present condition. The applicant would eventually begin to develop it into a limited industrial subdivision. This alternative would result in short-term construction impacts (noise, dust, traffic) resulting from the renovations and parking improvements. Additional vehicular traffic resulting from the ultimate uses within the site would also be present. The site, however, would not be utilized to its fullest potential, given the mixture of land uses in this area. When fully developed, some of the uses within the project site could create some adverse impacts to future uses in the vicinity. 2. Alternative Mixed Industrial/Commercially-zoned Site Under this alternative, the applicant would have to seek another site and have said property zoned. There are no MCX zonings in the Puna District, which includes the village of Keaau. Aside from the subject and immediately surrounding area, there is only one other site that is designated for industrial uses on the General Plan. That site is located a distance from Keaau. The MCX zoning is more appropriate in areas reasonably close to business and residential areas; and this site would meet that criterion. There are other areas adjacent to and/or proximate to the subject site that have an industrial designation on the General Plan and may be suitable for the MCX zoning. However, most of those sites would require longer access to the by-pass as well as longer water transmission lines, resulting in higher development costs which would be passed on to prospective users of the project. 3. Evaluation of Alternatives The project's impacts to the area's social and physical infrastructure would not appear to be pronounced. Certain mitigative measures will be taken to address any possible impacts associated by the development of this project. 11 C Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested MCX alternative. IX. REGULATORY ANALYSIS A. General Plan LUPAG Map The LUPAG map designates the site Industrial, a designation that allows the requested MCX-20 zoning. There is another property in the city of Hilo that has the MCX zoning. The General Plan designation of that site is Industrial. Accordingly, this request would not be inconsistent with the LUPAG map. B. General Plan Polices 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 for diversity and stability in its economic system. Policies • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. • The County shall strive for an economic climate which provides its residents an opportunity for choice of occupation. • The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. 12 f , Discussion The request would provide opportunities for existing and new businesses to establish themselves in an area that will be shortly served by a good transportation system. Relatedly, all of the required infrastructure will be provided by the applicant without taxing government's servicing ability. Further, the area is located proximate to residential and business areas, making the site accessible also by foot traffic. Through the principle of agglomeration economies, development of this area could also help out the existing commercial area. Yet, the site is located in an area where impacts to surrounding areas would not be adversely affected Residences along Milo Street will not be affected, as the road will terminate at the by-pass. The other residential community (a former plantation camp) is located well over 1,000 feet from the area, and there would be sufficient buffer. 2. Land Use Element (Industrial) Goals • designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. (Land Use Element) • designate and allocate industrial areas in appropriate proportions and in keeping with the social, cultural, and physical environments of the County. (Industrial Sub-element) • promote and encourage the rehabilitation of industrial areas which are serviced by basic community facilities and utilities. (Industrial Sub-element) Policies • zone urban- and rural-type of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. (Land Use Element) • allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. (Land Use Element) 13 c • encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environments. (Land Use Element) • achieve a broader diversification of local industries by providing opportunities for new industries and strengthening existing industries. (industrial Sub-element) • Locate industrial areas convenient to transportation facilities and provide a variety of industrial zoned districts and lot sizes, depending on the needs of the industries and communities. (Industrial Sub-element) • Improve the aesthetic quality of industrial sites and protect amenities of adjacent areas by requiring landscaping, open spaces, buffer zones, and design guidelines. (Industrial Sub-element) • Locate industrial areas adequately served by transportation, utilities, and other amenities. (Industrial Sub-element) Standards (Industrial) • Industrial development shall maintain or improve the quality of the present environment. • Industrial activities may be located close to raw materials or key resources. • Topography of industrial land shall be reasonably level. • Industrial development shall be conveniently located to its labor resource. • Buffer zones shall be established between industrial and adjacent non-compatible uses of land. • The direction of wind patterns and the absence of tradewinds shall be considered in located industrial designations. Discussion As Keaau and its surrounding area continues to grow, there will be a need for more industrial and commercially-zoned lands. This is evident by on-going commercial developments within Keaau. This request also reflects this demand. The subject site, in addition to attempting to meet this need, also fulfills other policies and standards articulated in the General Plan. The site is already serviced by adequate infrastructure. County water lines are already available. Police and fire protective services are available within one mile of the site. Wastewater system will be the 14 obligation of the respective lot owners, and all other utilities are available to the site. As such, this development should not require additional public services to be provided. The site does not have any on-site developmental constraints. The land is relatively level, and there are no flood or other hazardous condition that would render the site a developmental problem and pose a burden to public agencies. Further, given the non-noxious type of uses anticipated to be situated here, pollution concerns typically associated with heavy industry would be minimal, if at all. Being previously intensively used, the prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. Likewise, surface and subsurface archaeological remains do not appear to be likely on this site. The use is also compatible with the surrounding area. Although there are residences in the area, there are natural buffers. The by-pass should provide some measure of screening to residents along Milo Street. Then, too, the other plantation camp is located about a 1000 feet away, separated by other uses. Accordingly, the requested zoning would not be incongruous with existing and projected uses for this area. Further, there are other industrial uses in this area, such as a power plant and tropical fruit processing plant. The requested zoning would thus provide a land use buffer between the existing residences and those uses. 15 APPENDLY A G APPENDIX A TRAFFIC IMPACT ANALYSIS KEAAU INDUSTRIAL SUBDIVISION By: M&E Pacific, Inc. 100 Pauahi Street, Suite 212 Hilo, Hawaii 96720 September, 1996 TABLE OF CONTENTS Page No. Project Description 1 Existing Conditions 1 Traffic Conditions 3 Traffic Impact Analysis 11 Conclusion 13 Figures Figure 1 Location Map 2 Figure 2 Existing Traffic Volumes 4 Figure 3 Year 2003 SDOT Traffic Forecasts Without and with Keaau-Bypass Road 5 Figure 4 Year 2003 Ambient Traffic Forecast 6 Figure 5 Project-Generated Traffic Assignment 9 Figure 6 Year 2003 Total Traffic Forecast 10 Tables Table 1 Trip Distribution Summary 8 Table 2 Level of Service Summary Milo Street at Keaau Bypass Road 12 Appendices Appendix A Abstract of Methodology for the Capacity Analysis for Unsignalized Intersections Appendix B Traffic Counts Appendix C Traffic Calculations TRAFFIC IMPACT ANALYSIS REPORT KEAAU INDUSTRIAL SUBDIVISION An industrial subdivision is being proposed in Keaau, Hawaii. This report documents the results of a study conducted to evaluate the traffic impacts of the proposed project. The study included forecasting future traffic conditions and analyzing the forecast volumes to determine the need for any mitigating actions. Proiect Description James McCully proposes to develop an industrial subdivision in Keaau, Hawaii. A 15 acre site would be developed into 1/2 to one acre lots. The proposed uses would be somewhat akin to businesses found in the Shipman Industrial Subdivision. The project site is identified by TMK: 1-6-03: 05 and is located makai of the proposed Keaau Bypass Road across the Milo Street intersection. The project site is shown on Figure 1. The project is assumed to have its access to the Keaau Bypass Road across the Milo Street intersection. For the purposes of this study, it was assumed that the project would reach full occupancy in the year 2003. This is the planning year that traffic forecasts for the proposed Keaau Bypass Road have been made. Existing Conditions Milo Street is a two lane roadway in Keaau serving as a collector road for a residential area. Some of this residential traffic is expected to use the Keaau Bypass Road when it opens. Turning movement traffic volume counts were taken on August 6, 1996, at the Milo Street/Old Volcano Road intersection. The counts were taken during both morning and afternoon peak periods. All of the traffic turning into or from Milo Street was assumed to be residential traffic. The worksheet for the traffic 0 0 ar.rq j r ~ ? ' I -J~ 9 91 ~ ;y 4 vcw - .v Lf Study Intersection: nn 7 isr~ wy Old Volcano Road/ Milo Street, s / (/aa-er/ ~V~ (Nr..ar%NX.i.vi6anri *t V )/tAlW//A'Ar/OAUL Geuro • ' (~ws avj`r~r,' ApP' L+.J y frame. 0~6rr Mr. 17d" -Az ~7 1 04 Milo, tEE INSET 8 ,..r+l+ R •.a. Sfr ,,.MrA~r - ir` Dydv OWan~ ~ bet „tea v. g Project Site 74 r ' •::r 7 Mr wr K./W...+ ui ' o? ~ .,000 I' Av 1 ~d Une ~ T~ •~r.•' irvC} yd•'a r~ ri ~~J 4 9 ~ Acs. ~ z7 9.a12 A.. yip ' 6 ~ ~lan ??r '40 A.4 'G>•r O ITi %1 V s41A~ FIGURE 1 L.C.Aw: 8J19-1~ _/e Imw ,;1 ? f+•' Nwtw-c~e • cd~l ~L-16: 119 LOCATION MAP C:AW-19555 Iwo 2. f' count is included in the Appendix. The current peak hour traffic volumes are shown on Figure 2. Traffic Forecasts The opening of the proposed Keaau Bypass Road will have a significant effect on traffic in Keaau. Although the opening date is not certain, the State Department of Transportation prepared traffic forecasts for the years 2003 and 2013. The year 2003 State traffic forecasts included in the "Traffic Impact Analysis Report for Keaau-Pahoa Road, Keaau Town Section" (1993, prepared by Barton-Aschman Associates, Inc.) were used as the basis for the ambient traffic forecasts. Based on the aforementioned traffic report, the proposed Keaau Bypass Road would divert over half the traffic traveling on the Keaau-Pahoa Road and Mamalahoa Highway between Hilo and Puna. Figure 3 extracts the traffic forecasts for the year 2003 with and without the Bypass Road. The turning movements with major changes in traffic volumes include the Keaau-Pahoa Road right turn to Mamalahoa Highway and the left turn from Mamalahoa Highway to Keaau-Pahoa Road. The Bypass Road will also provide another outlet for the Milo Street residents to the roadway system. It was assumed that one-third the traffic currently entering/leaving Milo Street on Old Volcano Road would be diverted to the Bypass Road. The resultant ambient traffic forecasts for the Bypass Road intersection is shown on Figure 4. The State Department of Transportation has indicated that Milo Street will cross the Bypass Road and go further makai. They also indicated that the intersection should be unsignalized with no turning movement restrictions. These conditions were assumed for this study. 3. r Y d ti.. Y N CQ L LL 4 3 2 J~ 0 0 7 0 o Y ui cco 54 C l11 208 > a. J p 0 CL N W U LL 0 LL I-- L ~J CO F X W 0 / L~/ M im O s 0 115 0 = ~ Y 16 p Q 36 > LJJ a o Q 4. C N AM PEAK HOUR - N 0 (814) ¦ Keaau Bypass Road M v C ` N ~ 1400 (587) 53 ( 51) N,,_ 0 (814) 1485 (621) a Keaau-Pahoa Road Mamalahoa 2 Legend' Highway o xxx Volume without Bypass Road (xxx) Volume with Bypass Road PM PEAK HOUR Ia t- 0 (230) a .~.~.~¦~.~,~~='aa: Bypass Road m r r+ 537 (257) •`i 34 ( 29) ` N-- 0 (280) ( f-- 554 (274) l Keaau-Pahoa Road MamalahoaN Source: Traffic Assignment Project TA 93-14 Highway Keaau ByPass Road Project No. 1306-01-92 N C' FIGURE 3 YEAR 2003 SDOT TRAFFIC FORECASTS WITHOUT AND WITH KEAAU-BYPASS ROAD 5. ¦ N AM PEAK HOUR Milo Street 5 10 J 5 245 Keaau Bypass Road 0 815 Project Site PM PEAK HOUR Milo Street 10 5 R- 20 715 Keaau Bypass Road 10 280 Project Site FIGURE 4 YEAR 2003 AMBIENT TRAFFIC FORECAST 6. The traditional procedure of trip generation, distribution and assignment was used to estimate the number of vehicle trips which would be generated by the proposed project in both peak hours, the distribution of these trips by direction of travel, and the specific turning movements affected. Trip generation volumes for an industrial park were obtained from the Institute of Transportation Engineers "Trip Generation" (Fourth Edition, 1984). The data sheet for industrial parks does not give a per acre trip generation rate. Rather, it presents a non-linear curve that shown the volume of peak hour (for both AM and PM) trips generated by industrial parks ranging from 5 to 140 acres. For a 15 acre park, the following trip generation volumes apply: AM peak hour: 155 vph inbound 35 vph outbound PM peak hour: 40 vph inbound 160 vph outbound The trip distribution step assumed the following distribution based on the directional flow of traffic on the Bypass Road: - to/from Hilo via the Bypass Road - 75% to/from Puna via the Bypass Road - 25% Very little project generated traffic is expected to use Milo Street to get to Old Volcano Road. The results of this calculation are shown on Table 1. The assignment of these trips to the two study intersections are shown on Figure 5. The ambient traffic volumes (Figure 4) were added to the project generated trips (Figure 5) to obtain the total forecast volumes shown on Figure 6. 7. TABLE 1 TRIP DISTRIBUTION SUMMARY AM Peak Hour PM Peak Hour Direction of Travel Travel Percent In Out In Out Bypass Road to Puna 25 40 10 10 40 Bypass Road to Hilo 75 115 25 30 120 155 35 40 160 8. ¦ N AM PEAK HOUR Milo Street - L15 Keaau Bypass Road 40 10 25 Project Site PM PEAK HOUR Milo Street 30 Keaau Bypass Road 10 40 120 Project Site FIGURE 5 PROJECT-GENERATED TRAFFIC ASSIGNMENT 9. ¦ N AM PEAK HOUR Milo street - 5 10 J'-5 245 L 115 Keaau Bypass Road o 815 40 10 25 Project Site PM PEAK HOUR Milo Street 10 5 L R-- 20 + 715 - 30 Keaau Bypass Road 10 zso 10 40 120 Project Site FIGURE 6 YEAR 2003 TOTAL TRAFFIC-FORECAST 10. Traffic Impact Analysis The traffic impact of the proposed project was evaluated by analyzing the traffic levels of service with the project against the without project conditions. A project can be considered to have an adverse traffic impact if a change to an undesirable level of service can be attributed to the project. If an adverse traffic impact is identified, then there would be a need for mitigating actions. The methodology for calculating levels of service at an unsignalized intersection from the Transportation Research Board Highway Capacity Manual, Special Report 209 (1984) was used. The methodology calculates the levels of service for several critical movements (the outbound movements from the stop sign controlled side street and the left turn movements from the main through street). The results range from level of service A (best) to F (worst). Traffic improvements should be considered for level of service F conditions. The ambient and total traffic forecast conditions were analyzed. The results of the analysis are shown on Table 2. During both peak hours, the intersection showed no change in levels of service from ambient to total forecast conditions indicating no traffic impact that could be attributed to the proposed project. The levels of service with the total forecast are at E for the left turn out from Milo Street and A for the right turn out from Milo Street for both peak hours. The eastbound left turn from the Bypass Road is forecast to be at level of service D in the AM peak, but A in the PM peak. The westbound left turn will be at level of service A in the AM peak and B in the PM. Traffic signals will not be required at the intersection for the conditions forecast for 2003. The State Department of Transportation will incorporate appropriate intersection design features when the Keaau Bypass project is implemented. 11, TABLE 2 LEVEL OF SERVICE SUMMARY MILO STREET AT KEAAU BYPASS ROAD AM Peak Hour PM Peak Hour 2003 2003 2003 2003 Intersection and Approach Ambient Total Ambient Total Milo Street Northbound Left Turn E E E E Right Turn A A A A Milo Street Southbound Left Turn N/A E N/A E Right Turn N/A A N/A A Bypass Road Eastbound, Left N/A D N/A A Westbound, Left A A B B L2. f Conclusion The proposed project is not expected to have an adverse traffic impact on the neighboring roadway system. The proposed opening of the Keaau Bypass Road will help decrease traffic on the existing roadways. Traffic operations are expected to remain the same with the project as evidenced by the constant levels of service. 13. APPENDIX A ABSTRACT OF METHODOLOGY for the CAPACITY ANALYSIS FOR UNSIGNALIZED INTERSECTIONS ABSTRACT FOR METHODOLOGY for the CAPACITY ANALYSIS OF UNSIGNALIZED INTERSECTIONS This abstract summarizes the procedures for analyzing the capacities of unsignalized intersections. These procedures are described in the Highway Canacitv Manual, Special Regort 209 (1_985) by the Transportation Research Board. This manual "is a collection of techniques for estimating highway capacity that have been judged, through consensus, as the best available at the. time of publication." This manual does not set legal standards for highway design but the procedures have become widely accepted and used in the traffic engineering profession. The capacity analysis procedure is based on a German method originally published in 1972 and translated in 1974, and modified for U. S. conditions by the TRB. It is intended for two-way STOP- and YIELD-controlled intersections and calculates the capacities of movements which cross or turn through the major traffic stream. The capacity of each movement is based on two factors: the gap distribution in.conflicting traffic streams and the gap acceptance behavior of drivers at such intersections. The basic steps in methodology are as follows: 1) Define intersection geometry and traffic volumes. 2) Determine the "conflicting conflicts" through which every minor street movement and major street left turn must cross. 3) Determine the size of the gap in the conflicting stream needed by vehicles in each movement crossing a conflicting traffic stream. 4) Determine the capacity of the gaps in the major traffic stream to accommodate each of the subject movements that will utilize these gaps. 5) Adjust the capacities to account for impedance and the use of shared lanes. Tables and charts, as well as computer programs, have been developed to facilitate using this methodology. INTERSECTION DATA Key geometric factors include: number and use of lanes, channelization, percent grade, curb radii and approach angle, and sight distances. One hour volumes are specified by movement and converted to passenger cars per hour using the passenger car equivalents in TABLE 10-1. CONFLICTING TRAFFIC The conflicting movements each turning movement faces is summarized on Figure 10-2. The right turn movement from the minor street faces the least number of conflicting movements, the left turn movement from the minor street the most. Adjustments to the conflicting traffic volumes are shown on Figure 10-2. CRITICAL GAP SIZE "The 'critical gap' is defined as the median time headway between two successive vehicles in the major traffic stream that is accepted by drivers in a subject movement that must cross and/or emerge with the major street traffic." It is dependent upon a number of factors, including: 2. TABL L0... P.aSSCNGL4-G.2 -=QUIVALL`r15 FOR UNSIGNAL. ICI] I.4T~RSEC-:ONS OF VlElflC GRADE (9'.)_ ~y4a .LOa Qo ~l0 ~y j Motonr,It! s 0.3. '7+ 0.1 0.6 0.7 Psssmger Cuz 0.3 0.9 LO L: L+ SU/SLY•s• 1.0 I.= I.: .0 3.0 Comainatzon Ven. 1.5 _0 i.0 6.0 A!: '/enic!n' 0.9 1.0 L I L: • •r ~encN CIeOO•nm u uaaM~6 Lid .YU~.iv2 Y uW ~ vl .apaum4nti Cuolec: Movement Canilict:no Trairic, Vc. Illustration RIGHT TURN Ira, mmdr 70 strict. _ J - ~ 'J' r r _-T TURN ;ram ,ajar J. I / ra 0 Jlb 3. Tt-IPOUG,-I MvT 112 (V al•• • V,a V,a Vla from minor • Vrb • V tb V Ib Jta ztr!!L. V A I ra V. 1 ~ I Vdr y Va 111 Vrb y, i-EFTTUFrN 1PZIV 1•' • Vto • Vla V;b ra .from mdr V V tb . V Ib b sireatm, . r•o . V, Vd Va' V,2 v ra f` VI V- Include dniy me vdldme in the ngnt hand lane. Where a ngnt-mrn lane n drd'r.deo on major Itreet. elimneare Vr dr Vra. ' •'Nn Ne me ngnt-tum ratltua into minor tirR! n large and/or wnere cft Le mOVemen is are STGP/YI EL~Cdntrdllltl, ebmma[e Vr (Case 21, and Vra andidr Vrb IC'ise A). Vra may also be eliminated an mul Ulane major sire ti. Fgure 10-Z Definition and computation of conflicting rid/jc volumes 3. 1) The type of maneuver being executed. 2) STOP or YIELD sign control. 3) The average running speed on the major street. 4) The number of lanes on the major street. 5) The geometrics and environmental conditions at the intersection. The value of the critical gap is selected from Table 10-2. The basic critical gap is selected and adjustments and modifications made. POTENTIAL CAPACITY FOR MOVEMENT "The potential capacity is defined as the 'ideal' capacity for a specific movement," and is selected from Figure 10-3. It is based on the conflicting traffic volume and the critical gap. The result is read in passenger cars per hour. IMPEDANCE EFFECTS The methodology assumes that vehicles use gaps at an unsignalized intersection in a prioritized manner. Thus, when traffic becomes congested in a high-priority movement, it can reduce the potential capacity of lower priority traffic movements. Given the priority of gap usage: 1) Left turn from the major street impede both through movements and left turns from the minor street. 2) Through movements from the minor streets impede left turns from the minor street. The impact of impedance is addressed by multiplying the potential capacity of a movement by a series of impedance 4. 'I'AaL= 10-Z. C.2iT:GL GAa C.R =Rl. FOR CiNSrcuAL:y.n ivruEZ-:oNs 3ASiC -iMT L GM FOR PASSENGER CA SEC 'iF1iIC= HA.V EU`/ER wv Cz 1UNNING T.O. .Nw10A XCAQ MpM 15 OF CONTROL VU`eBE4 OF t~0lFS ON `MJOR TOAD 1 IT ,`tom ,`Minor Raaa STOP S.S 5.5 6.5 i._ LT tmm )diiar Rcaa 5.0 5.5 5.5 1.0 Cross Major Rcaa I= i.0 6.S 3.0 Y VT 1.0 i.5 7A :mm .`dinar Roan j STOP 15 ~ n 5A oS '.0 ?fL'ST`AE: rTS wND ~ Oct [ =Ns -,a CZIT:UL sEG :DNOT~ON aDILT[RtENt RT 'cam `dinar Stre z C::rm vacu m > :0 is -•].5 or mm mgie < iO- RT .-am Minor Strc_- Accm^uam lane -0 cmnas . ^a".=u: ?^muiaaon > :50.000 R~r^..rea nznt aismnca' 'm m -~.0 ..rose rvan~vi +v.» 4[.[..a +an .s ava. n~umum .,y dl<[tmm[ u m[a< io[ ~<[m[t~c vo.mm[ iaa+c:< ]v :au+avt ~~Sn[ ~uancc I i j A I~ A I I ~ I \ \ \ .iA •V~~ ! ~A nUUCaa. T„ ae Soo I 5.a +aa I \\I ass \~I ~l\ I i I\ na \ ~ ~J 1 \ \ I V ! last \4. 7-7 a Figure 10.7. Potential caaactry bated X00 'O0 500 Sao iOOO 130° ~<0° on caa/Iicrinq rte%fre mium , and crit- mncuCnN r AFFIL srXe.[..s v, NP-1 ical gap six 5. factors for each higher priority impeding movement. Impedance factors are derived using Figure 10-5. SHARED LANE CAPACITY The :methodology' has assumed to this point that each minor street movement has an exclusive lane. In reality, most minor street approaches have two or three movements sharing one lane. An equation is used to compute the capacity of the shared lane. LEVEL OF SERVICE CRITERIA The above computations yield a capacity solution for each lane on the minor street approaches and for left turn movements from the major streets. This figure is used to derive the reserve capacity, the difference between the capacity solution and the volume of traffic using the lane. Level of service criteria are stated in general terms for general ranges of reserve capacity and delay, as follows: Level of Reserve Capacity Service Exr)ected Delay 400 A Little or no delay 300-399 B Short traffic delays 200-299 C Average traffic delays 100-199 D Long traffic delays 0- 99 E Very long traffic delays a/ F a/ a/ When demand volume exceeds the capacity of the lane, extreme delays will be encountered with queuing which may cause severe congestion affecting other traffic movements in the intersection. This condition usually warrants improvement to the intersection. 6. C 0.3 I y I I I < I I ~ II 1a~ L ]2 . J ~+a I 3a 3a tC0 ?1~IIfe i4-S. :m~ea'ance ,,3<:ars .:.r a /°^.ut a( GPAC:ry USED HY SOSTING CF-MANC. ?wtmuge cangestea mavementt 7. APPENDIX B TRAFFIC COUNTS: AM PEAK: 6:30 AM - 8:30 AM PM PEAK: 3:30 PM - 5:30 PM , TRAFFIC TURNING MOVEMENT COUNT KEEAU-McCULLY INDUSTRIAL TRAFFIC STUDY Milo Street 4 3 LOCATION: Milo Street @ Old Volcano Road DATE: Tuesday, August 6, 1996 TIME: 6:30-8:30 am, 3:30-5:30 pm ^ - --2 WEATHER: cloudy 5 ^ <---1 RECORDER: K. Duffy 6 Old Volcano Road TIME MOVEMENT NUMBER PERIOD _ 1 2_ 3 4 5 _6 TOTAL 6:30-6:45 12 2 9 11 0 21 36 6:45-7:00 29 0 4 16 2 1 52 7:00-7:15 14 4 2 12 1 7 40 7:15-7:30 25 1 2 12 4 41 48 7:30-7:45 33 2 5 8 3 10!i 61 7:45-8:00 38 2 4 5 3 9 61 8:00-8:15 19 3 5 5 6 13 51 8:15-8:30 13 4 5 7 3 81 40 6:30- 8:30 183 18 36 76 22 54 389 7:15-8:15 115 8 16 30 16 36 221 3:30- 3:45 20 11 3 8 14 24I 80 3:45- 4:00 29 9 9 7 8 49 111 4:00- 4:15 19 6 9 5 9 43 91 4:15- 4:30 16 4 6 5 19 37' 87 4:30- 4:45 17 5 5 3 15 50 95 4:45- 5:00 23 6 11 7 12 59 118 5:00- 5:15 20 13 7 1 10 47 98 5:15- 5:30 10 8 1 3 17 52 91 3:30- 5:30 154 62 51 39 104 361 771 4:30-5:30 70 32 24 14 54 208 402 APPENDIX C TRAFFIC CALCULATIONS UNSIGNALIZED INTERSECTION LEVEL OF SERVICE (LOS) CALCULATIONS (AM AND PM PEAKS) q1 w p P ~ Zq my i I I y I i~ .l K i i r Q Q i o a a ~ Zu ZF O w E n F F S K I 0.' 1 W n' I I N I 1 a I WI I W 1 I 1 U 0 01 1 u I I FFI U w i I Y 1 I N 2 I a u 1 0 0 0 1 r W I ¢ r p£ a o 0 O 1 F o 0 I F F N W Ny I £ I I x O O O 1' I I I 1 M q I I 7 I I ce r N C r mH O i o 0 o I ti F ~ n I ? 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