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COM 0619.000 1998-2000
rr a William G. Davis Managing Director Stephen K. Yamashiro Mayor Henry Cho +~P Deputy Managing Director r? or A. ~D1ITC~~T 0~ ~2I~l12itT 25 Aupuni Street, Room 215 Hilo, Hawaii 96720-4252 • (808) 961-A211 Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808)329-5226 • Faz (808)326-5663 O ~1 January 7, 2000 - I Honorable James Y. Arakaki, Chairman - and Members of the County Council C° County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 99-025) ~ Applicant: W.H. Shipman, Ltd. Request: A-20a to MCX-20 Tax Map Key: 1-6-003: Portion of 007 Street Names - Ahualoa Homestead Resolution 410-82 Kalehua Road and Kinimaka Road As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerel , Stephen K. Yamashiro Mayor LI21799MAY Enclosures cc: Planning Department / / / Comm. No.~ Nv~ er~ri ~s FSIe No._ Ref. To:,_ P Ref. Date_ y~ 1 0 2DD11 l fi~ ~tr or Stephen K Yaauehim Mayor • qj.., •+1p Of•M~ ~IIIYIt#~1 II~ ~MTT PLANNING COMMISSION 25 Aupuni Street, Room 109 • Hilo, Hawaii %720.9252 (808) %1-0288 • Pax (808) %1-%15 ,laN o ~ 2ooa 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 99-025) Applicant: W.H. Shipman, Ltd. Request: A-20a to MCX-20 Tax Map Key: 1-6-003: Portion of 007 The Planning Commission, afrer a duly held public hearing on December 17, 1999, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 32.03 acres of land from Agricultural (A-20a) to Industrial-Commercial Mixed (MCX-20). The project site is located adjacent on the Keaau Town side (south) of the Shipman Business Park and to the west of the Volcano Highway-Keaau Bypass intersection, Keaau, Puna, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. [t 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. The Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 The proposed change of zone request to Industrial-Commercial Mixed (MCX-20) district classification would further the County's goals of providing an meconomic environment which allows new or existing businesses to expand and diversify the County's economic base, and thereby also increase the choice of occupations. The proposed request would be consistent with the following goals and policies of the General Plan Economic Element. Economic Element • Provide residents with opportunities to improve their quality of life. • Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. • The County of Hawaii shall strive for diversity and stability in its economic system. • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. • The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. The applicant's objective recognizes the growing development needs for the region. The applicant seeks to provide the community with further commercial, industrial and community service facilities which take advantage of the site's positive physical and locational attributes. By targeting the project area for commercial and industrial mixed development, the applicant is seeking to meet the urban expansion needs in a manner that is in concert with the long-range community plans as expressed in the County General Plan. The primary objectives of the applicant include: • Creation of a high quality regional center that complements that site and surrounding uses. • Providing for expanded goods, commercial/retail services, industrial services and employment opportunities for the Puna area in a manner that improves the economic and social well-being of the community. The Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 The applicant proposes to initially develop approximately 16+ acres into a shopping center with up to 118,000 square feet of retail floor area on the northern half of the subject area. The balance of the project azea is proposed to be developed as a mixed use commercial/light industrial area with approximately 100,000 to 125,000 square feet of floor azea. Approximately two (2) acres of the project area will also be developed into a road that would extend the Keaau Bypass through the project area. This proposed road would be dedicated to the County upon completion. The proposed development would implement the Conceptual Keaau Development Plan that Shipman foresees For the area. The plan is intended, in part, to create a master plan community to serve the needs of the Hilo and Puna region by providing employment and business opportunities, and by providing a focal point for services and facilities in Puna. The project area is being planned and developed to coordinate with the Keaau Bypass Road intersection. The proposed change of zone request would be consistent with the Land Use Element of the General flan. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis For direct control and guidance of publicly and privately owned resources. It is also intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall Land Llse goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. These state the following under the Land Use Element: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Zone urban- and rural-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • Zoning request shall be reviewed with respect to General Plan designation, district The Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access and public need. The proposed request would also complement the following goals, policies and course of action of the Commercial Element. • 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. • Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. • The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. • Expanded commercial services to meet the needs of population growth in the Puna district shall be encouraged in the area of Keaau. The proposed request would also complement the following goals and policies of the Industrial Element: • Designate and allocate industrial areas in appropriate proportions and in keeping with the social, cultural and physical environments of the County. The Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 • 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. The project area is situated adjacent to the existing Shipman Business Park, which is zoned and consists of industrial uses. The project area is well served by existing infrastructure and roadway systems. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The project area is designated Urban Expansion. Urban Expansion allows for a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable. The proposed development may be permitted provided that applicable goals, policies and standards of the General Plan are met. This proposed industrial-commercial mixed development will provide the framework of a concentration of urban activities occurring in an orderly manner commensurate with the provision of necessary infrastructure. Therefore, it is determined that the request is consistent with the Urban Expansion form depicted on the LUPAG Map for this area of Puna. The Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 In July 1994, the State Land Use Commission approved with conditions the State Office of Planning petitioned area of approximately 660 acres of land for a State Land Use Boundary Amendment from Agricultural to Urban District. The project area, consisting of a total of 32+ acres, is a portion of the reclassified Urban district. Lands to the north are zoned General Industrial (MG-20) and is the existing 488 acres Shipman Business Pazk which includes contractors, baseyards, wholesale and distribution operations and other industrial uses. To the east across of the Volcano Highway, lands are zoned Single Family Residential (RS-10) and consist of single family residences, and Agricultural (A-Sa and A-20a) which includes the Diamond Head Papaya Packing facility, portion of the area in papaya production, and remaining area vacant. Further to the southwest is the Keaau Village commercial area which is zoned Village Commercial (CV-10) with various commercial and financial institution uses, including the Sure Save Supermarket. To the south approximately 3,000 feet from the project area are the Hawaii National Guard Armory, and the County's 12-acre Herbert C. Shipman Pazk, which includes ballpazk and soccer fields. The area to the west of the project area aze primarily fallow sugarcane lands or in short term agricultural leases. The proposed change of zone request and development will complement the land usage within the community and neighborhood it is proposed to be located in. Portion of the project area is within the County's Agricultural zoned district, and currently has ashort-term lease for papaya production until June 2000. The project area is primazily "Unclassified" on the Agricultural Lands of Importance to the State of Hawaii (ALISH) Map. Only a small portion (less than 5 percent) is classified as "Other Important Agricultural Land." The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the azea is "D" or Poor. Therefore, the reclassification from Agriculture to the Industrial-Commercial Mixed zoned district will not be detrimental to the reduction of this area from the agricultural land inventory in the County of Hawaii. A "Flora and Fauna Report -Shipman Master Plan" was prepared by Grant Gerrish, Ph.D. in July 1992, noting that the project area had been extensively disturbed by sugar cultivation. No rare or endangered plants or animals were found. The Hawaiian Hawk or "I`o" is the only endangered species likely to be encountered at the project area. Recommendations are that if an aggressive hawk is encountered during construction activity, work shall immediately cease at the site and the U.S. Fish and Wildlife Service and Division of Forestry and Wildlife be immediately notified. According to the applicant, a majority of the 30-acre project area was formally in sugar cane cultivation with a small remnant of native forest area. An intensive reconnaissance survey was conducted by Paul H. Rosendahl, Ph.D., Inc. (PHRI). In The Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 concurrence with the survey report, the Department of Land and Natural Resources-Historic Preservation Division issued a letter dated June 16, 1999 to Robert B. Rechtman, Ph.D. (copy included in the application), agreeing that the proposed development will have "no effect" on significant historic sites, and that no additional archaeological work is necessary. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The property is located within Zone X, area determined to be outside the 500-year flood plain. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. Any improvements to the property must comply with Chapter 27 of the County Code relating to Flood Hazard Control. The centralization of commercial activities also complements the overall pattern of transportation. 'The project site is adjacent to Volcano Highway, a major transportation network between South Hilo and Puna, and the employment center of Keaau. The subject area would provide continued and additional commercial services for residents in the Puna district, the visitor industry, as well as for the rest of the residents of the island of Hawaii. The project site is located within an area adequately served with essential services and facilities such as water and other utilities. Access to the proposed development for the 32 acre site would be from the intersection of the Volcano Highway and Keaau Bypass. The primary access will be from the proposed Road A, which will intersect with the Volcano Highway across the proposed Keaau Bypass intersection. Shipman is also working with the State Department of Transportation to allow driveway accesses within the proposed Lots B and C. These accesses would allow for right-in and right-out movements only and allow customers and deliveries to utilize the interior roadway network. Shipman has also agreed to install intersection improvements with minimal disruption and at no additional cost to the State in its construction of the Keaau Bypass intersection. A Traffic Impact Analysis Study was completed for the proposed project and submitted to the Department of Public Works for review and comment. According to that agency, the applicant should follow all recommendations stated in the Traffic Impact Analysis Report (TIAR) regarding access from Volcano Highway. The applicant concurs with the Department of Public Works comments and will make all improvements recommended by the TIAR. Based on the above findings, approval of this change of zone request from Agricultural (A-20a) to Industrial-Commercial Mixed (MCX-20) zoned district would result in an appropriate land use pattern that will further benefit the general public. The Honorable James Y. Arakaki, Chairman and Members of the County Council Page 8 For your favorable consideration, an amendment to Section 25-8-22, the Puna District Zone Map, of the County Zoning Code is transmitted. We are enclosing a copy of the application and a copy of the staff background for your information. Sincerely, Richazd B. Baker, Jr., Chairman Planning Commission Lshipman02PC Enclosures cc: Mr. Robert Saunders Mr. William L. Moore Department of Public Works Department of Water Supply Kazu Hayashida, Director/DOT-Highways, Honolulu APPLICATION FOR CHANGE OF ZONE ~~2,25262728,, COUNTY OF HAWAII ~ ti `FA , r PLANNING DEPARTMENT ° ~o~N C~c~~~ z, ~Y F c,. oa pTiNCq~Yq~O APPLICANT: W. H. Ship;nan Ltd "L~ ~ APPLICANT'S SIGNATURE: ADDRESS: P.O. Boa 950 Keaau, Hawaii 96749 LIST APPLICANT'S INTEREST IF NOT OWNER: Not Applicable LIST PRINCIPAL(S) INCLUDE NAMES OF MAIN OFFICERS: Robert Saunders, President, Thomas English, Treasurer TELEPHONE-BUSINESS: (808) 966-9325 FACS'~MII~E: (808) 966-8522 REQUEST: A-20 TO MCX-20 (Existing Zoning) (Proposed Zoning) TAX MAP KEY: (3) 1-6-03: Portion of 7 AREA OF PROPERTY OR AFFECTEll AREA(S) TO BE REZONED: 32.028 Acres LANDOWNER(S): W. H. Shipman, Ltd. OWNER'S SIGNATURE: DATE: 9 2~ 9 (May be by le er) AGENT: William L. Moore ADDRESS: William L Moore Planning 159 Halai Street Hilo, Hawaii 96720 TELEPHONE-BUSINESS: (808) 935-0311 FACSIl~tII.E: (808) 934-0162 Please indicate to whom original correspondence should be sent. ORIGINAL: Robert Saunders COPIES: William L. Moore COUNCIL, COPY DO NOT REMOVE Attachment: Comm. 619 (Bill 195) ~ o z n = x - - P 0 ~A \ p L D~ ~9 2~ ; ~ IViLE %~KEAAIY; y ~~CAMP AG~~ ~ ~ - ~ $FpN1AN l~ n ~ 3r - I SS _ ~ ~ - PROJECT ~ ~ ~ AREA ' ~ ~ ~pA ~ ' ' ~ ~gtia ~ II ~ ~ K ~ L TO HIL07»'-~ 130 ' - o ML ~ ~~l j AY `r1 ~Q J A ~ i ~ ~ KEAAU YPASS----~ / i ~ I~ j i ~ I ~ j v ~ ~ - 0 ~ I~_ FIGURE u1 KEAAU LANDS if PUNA DISTRICT, HAWAII LOCATION MAP ® a PREPARED FOR: W.H. SHIPMAN, LIMITED, COUNTY ENVIRONMENTAL REPORT PREPARED BY: OKAHARA & ASSOCIATES INC. zooo n -~cc ~w, . - ~ T ~ ~ V = , - , ' / I ~ A \ i( - - ~ I ~ ~ ~ a _ I ~ ~ i ~ fi ~ - _ RIGHT ~ ~ ~ ~ j ~_,F V~ i ~ . PARCEL B/ ~ \ l V A ~1 t ACREB~ ~ ~ ~ \ ; it q~7 \ ~ ~ V ~ ~ ~ ~~y, - - ~ i ~ I ~ j ~ ~ - i ~ _ , - ~`'a-~~ ~ ~ V'~ ~ I i ~ I ~ p A ~ ~ AiJ- ~ i ~ _ - ~ ~ l,= ~ ~ I ~ ByPAS9 \ ` : I 1' ` ~ ~ ~ x r ~ / ~ ~ 1 ~ ~ I w ~ A ~ ~ T^ ~ ~ ~I, ~ ~ ~ ~ \ ~ PRQ~OS&~ IV~MAY-~1 ~ ~ ~ ~ ~ ~ L ~ _ i I j / \ \ i _ ~ ~ A A I J I J V ~ F ~ ~ ~ ( / 1 FIGURE #4 KEAAU LANDS SITE PLAN PuNA olsrRlcr, Hnwan PREPARED FOR: W.H. SHIPMAN, LIMITED, COUNTY ENVIRONMENTAL REPORT ~ ^ PREPARED BY: OKAHARA & ASSOCIATES INC. ~ R ATTACHMENT Commercial, RM, Resort, & Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? 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? 32.028 acres b. Into what lot sizes? 16t acres 14± acres and 2± acres c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? Within 6 to 12 months If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? N/A b. Sell or lease the land to someone who has tentative plans? N1A c. Sell or lease the land to someone who has no plans? N/A d. Keep it? N/A e. Other (Please state) f. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. What specific building plans do you have for the subject land? Include in your answer the following: type of building (apartment, office, launderette, etc.); financing arrangement; timetable for construction; and any other information which you feel might help us in evaluating your request. An approximately 16 t acre portion of the 32.028 acre project area is proposed to be developed with a shopping center while the balance of the property will be developed as a mixed use commercial/light industrial area. In addition, an approximately 2t acre portion of the project area will be developed by Shipman with a roadway that would extend the Keaau Bypass through the project area. This roadway will be dedicated to the public upon completion. The anticipated time frame for the completion of development of the project area is eight (81 years from final zoning approval or by 2008. The total construction cost for the project is estimated to be approximately S32,000,000, based on current construction standards and in current dollar terms. 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. 5. Have you performed any study which discusses environmental impacts your request would have on surrounding area and/or County? YES If so, please elaborate on your findings in the space provided below. There are no significant adverse effects anticipated from the proposed development on surrounding lands or the County should this request be approved. For a full discussion of the project and its potential impacts on the environment, please see the County Environmental Report which was submitted as part of the Change of Zone application. 6. Are there any buildings on the subject area? NO If so, what kind? What do you intend to do with those building if your request is approved. 7. Is the subject land currently being used for any agricultural activity? Yes If so, please list the kinds of products grown and on how many square feet or acres of land per product. An approximately 20 acre portion of the subject land is currently being used for the cultivation of papaya on a short term lease, expiring June 2000. 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 Is so, what kind? The State Department of Transportation is in the process of completing construction of the Keaau Bypass Highway, which provides a new interconnection between the Volcano Highway and the Keaau-Pahoa Road. Access to the project area will be from Road "A", which is proposed to intersect with the Volcano Highway on the west side of its intersection with the Keaau Bypass. In order to ensure appropriate traffic flows, the following traffic improvements are proposed by Shipman, at its cost, to provide access to the project area: • Provide an exclusive right turn lane on southbound Volcano Highway to the proposed Road A; • Provide an exclusive left turn lane on northbound Volcano Highway to the proposed Road A; • Provide athrough-only lane to Road A from Keaau Bypass; and • Provide separate left turn, through, and right turn lanes on Road A at the Volcano Highway intersection. In addition, aright-in only and right-in/right-out turning movements to the Volcano Highway are proposed for lots A and B, respectively. These intersections are subject to the approval of the State Department of Transportation. Is the road adequate for the proposed volume or load Yoe A Traffic Impact Analysis Report (TZAR) was prepared to assess the impacts of the proposed project on the roadway network. This analysis concluded that: The traffic generated by the deve/opment of /ncrement 1 of Area D /project area) is not expected to affect the overa// Leve/ of Service of the p/armed intersection of Vo/cano Highway and the Keaau Bypass. For a full discussion of the traffic impacts and please refer to the County Environmental Report. 10. What sort of government assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools % b. Roads % c. Sewer % d. Drainage % e. Police Protection % f. Fire Protection % g. Recreational Facilities % h. Public Utilities % i. Other % For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. 11. Have you performed any historic sites study and/or survey of the subject area? If so, what were the results? Please, also submit a copy of the study together with this change of zone supplement. Yes The project area was formally in sugar cane production except for a small remnant forest area. This forest area was the subject of an intensive reconnaissance survey. In a letter dated June 16, 1999, the State Department of Land and Natural Resources (DLNR) Historic Preservation Division (SHPD) concluded: We believe that an adequate survey was completed of the subject parce% with no significant historic sites present in the parce% We concur with your /Paul H. Rosendahl, Ph.D., /nc.l assessment that the proposed dove/opment wi// have "no effect" on significant historic sites, and that no additional archaeological work is necessary. Signature: F~~Vl/~-^ rte Ptcr~arr Address: W H Shipman Limited P O Box 950 Keaau HI 96749 Telephone: rstnst? aaa_a~~5 Date: ~ TO ? HlLO ~ ~SHIPM x BUSING ~~A 5 ~ ~1\ ~ ~ ~~`P 11 ` 'j ~ ~ ~ / \ Y K \ I aJ AREA D 109 ACRES PARCEL B 16t ACRES ~I a p 11 s%~ , o PROP ,s' ~ Q %'~~PARCEL A 1.84f ACRES ` ~ PARCEL C 11t ACRES ii i [ ~ i ~ ii li U KEAAU . L OP SUBDIVIS ~ , r _ 'u I' , ~i ` \ 111 a ` ~ ~ TO INCREMENT I BOUNDARY VOLCANO FIGURE 2 " SITE PLAN PREPARED FOR THE TRAFFIC MANAGEMENT CONSULTANT o i0°°' PREPARED BY: OKAHARA & ASSOCIATES INC. -4- 1 9Z ('4 ~ • e° p • y~ ° ° y0 4. ~\y 9~ J PARCEL B ° , ~ ° ° • ° PAHOA =o a o- ~ ~ p b .a b ROAp A a~ P KEAAU BYPASS ~ 4.4 a' a g ~ PARCEL C s s °a° ° a° TO ° •a VIOLCANO I •g ° ° 1 ~ Kt~+U LOQ~, ° , ° ° ~ SU IVISI ~ FIGURE 3 VOLCANO HIGHWAY - KEAAU BYPASS INTERSECTION PREPARED FOR THE TRAFFIC MANAGEMENT CONSULTANT 0 BO' '64' PREPARED 8Y: OKAHARA & ASSOCIATES INC. -5- W. H. Shipman Keaau Master Plan Increment 7 0l Area D Existing Conditions Volcano Highway is a two-way, four-lane, divided arterial highway between the Keaau Town and South Hilo. Volcano Highway is signalized at its intersection with Keaau-Pahoa Road and traffic signals are planned for its future intersection with the Keaau Bypass. Keaau-Pahoa Road is a two-way, four-lane, roadway within Keaau Town. East of the Old Mamalahoa Highway intersection, Keaau-Pahoa Road becomes a three lane roadway, two lanes Keaau-bound (westbound) and one lane Pahoa-bound (eastbound). B. Existing Traftic Volumes and Operating Conditions 1. General a. Field Investigation A manual traffic count survey was conducted at the intersection of Volcano Highway and Keaau-Pahoa Road in October 1998, during the peak periods of traffic between the hours of 6:00 AM to 9:00 AM, and 2:30 PM to 6:00 PM. Additional traffic count data were obtained from the State of Hawaii Department of Transportation and previous studies conducted in the vicinity. b. Capacity Malysis Methodology The highway capacity analysis performed for this study is based upon procedures presented in the "Highway Capacity Manual" (HCM), Special Report 209, Transportation Research Board, and the "Highway Capacity Software", Federal Highways Administration. The highw<ry capacity analysis worksheets are compiled under a separate cover. Level of Service (LOS) is defined as "a qualitative measure describing operational conditions within a traffic stream". Several factors are included in determining LOS such as: speed, delay, vehicle density, freedom to maneuver, traffic interruptions, driver comfort, and safety. LOS "A", "B", and "C" are considered satisfactory levels of service. LOS "D" is generally considered a "desirable minimum" operating level of service. LOS "E" is an undesirable condition and LOS "F" is an unacceptable condition. -s- W. H. Shipman Keaau Master Plan Increment 1 ofArea D Existing Conditions "Volume-to-capacity" (v/c) ratio is another measure indicating the relative traffic demand [o the road's traffic carrying ability. A v/c ratio of 0.50 indicates that the traffic demand is utilizing 50% of the roadway's capacity. 2. Existing A,M Peak Hour Traft;c Analysis The AM peak hour of traffic, in the vicinity of the project, occurred between 6:45 AM and 7:45 AM. Volcano Highway, south of Keaau Town, operated at LOS "E" and a v/c ratio of 0.72. North of the study area, Volcano Highway operated LOS "C" and a v/c ratio of 0.65 in the AM peak direction of traffic (northbound). Within the study area, the operation of Volcano Highway was generally controlled by the signalized intersection. The intersection of Volcano Highway and Keaau-Pahoa Road operated at an overall LOS "C" and a v/c ratio of 0.97. Critical traffic movements at the intersection operated at LOS "D". These movements included: the northbound through movement, the southbound left turn movement and the westbound through/left turn movement. 3. Existing PM Peak Hour Traftic Analysis The PM peak hour of traffic, during the study period, occurred between 4:45 PM and 5:45 PM. South of Keaau Town, Volcano Highway operated at LOS "E" and a v/c ratio of 0.57. North of the study area, Volcano Highway operated LOS "B" and a v/c ratio of 0.46 in the PM peak direction of traffic (southbound). The intersection of Volcano Highway and Keaau-Pahoa Road operated at an overall LOS "C" and a v/c ratio of 0.84. Critical traffic movements at the intersection again operated at LOS "D". Queuing was observed on the left turn movement from southbound Volcano Highway to Keaau-Pahoa Road. Further analysis indicated that the intersection of Keaau-Pahoa Road and Old Mamalahoa Highway appeared to be caused by eastbound queuing on Keaau-Pahoa Road, which backed up to Volcano Highway. The existing AM and PM peak hour traffic and results of the capacity analysis are depicted on Figure 4. .7. W H. Shipman Keaau Master Plan Increment 1 0l Area D Existing Conditions LOS C VCLCANO HIGHWAY V/C=0.65 ~ 915 2 ~ ~ ~ ~ 102 44 ~ 287 170 ~ i ~ ~ ! ~,1, ~ ~ T^ SHIPMAN ~~rT KEAAU-PAHOA v NORTH/ pgRK ~ ~ ROAD NOT TO SCALE ~ ~ ~ ~ ~ 968 LEGEND ~4 ~ ~ 253 90 TRAFFIC MOVEMENT VOLUME (VPH) 10 LANE CONTROL VOLCANO HIGHWAY LOS E V/C = 0.72 ~ LEVEL OF SERVICE (SIGNALIZED CONDITION) LOS LEVEL OF SERVICE (2-LANE, MULTI-U1NE HWY) EXISTING AM PEAK HOUR TRAFFIC V/C VOLUME-TO-CAPACITY RATIO (2-LANE, MULTI-LANE HWY) LOS B V/C=0.46 VOLCANO HIGHWAY I I 346 ~ i ~ 47 ~ ~ 796 ! ~ ~ 656 /1 I 1 ~ b SHIPMAN Yb KEAAU-PAHOA b~ PARK -E~I,~ ROAD ~ ~ ~ ~ 11 / ~ 61 I ~ / p~ ~22 77 31 VOLCANO HIGHWAY LOS E V/C = 0.57 EXISTING PM PEAK HOUR TRAFFIC Figure 4. Existing Peak Hour Traffic Analysis -a- W. H. Shipman Keaau Master Plan Increment 1 of Area D Ewsting Conditions C. Trip Generation 1. Trip Generation Methodology The trip generation methodology, used in this study, is based upon generally accepted techniques developed by the Institute of Transportation Engineers (ITE) and published in the "Trip Generation", 6th Edition. ITE trip rates are developed by correlating the total vehicle trip generation data with various land use characteristics, such as the vehicle trips per 1,000 square feet of gross floor area. The total trips generated by a land development can be defined as driveway trips, i.e., traffic entering and exiting the project site. A portion of the PM peak hour trips, generated by a shopping center, is considered "pass-by" trips, i.e., traffic already on the road stopping at a "secondary" destination. The remainder of the trips generated are considered "new" trips, whose primary destination would be the proposed shopping center. Based upon travel surveys compiled by ITE, the percentages of pass-by trips were correlated with the floor areas of the commercial destinations. In general, larger shopping centers attract more primary trips, while smaller retail complexes attract more pass-by trips. 2. Trip Generation Characteristics The trip generation characteristics for the proposed project were based upon a shopping center with 118,000 square feet (SF) of gross floor area (GFA) and a 10 acre business park. Table 1 shows a summary of the trip generation characteristics. Table 1. Trip Generation Summary Land Use Land Use AM Peak Hour (vph) PM Peak Hour (vph) Intensity Enter Exit Total Enter Exit Total Shopping 118,000 SF 108 69 177 365 365 730 Center GFA Business 10 Acres 160 28 188 34 135 169 Park Project Total 268 97 36~ 399 500 899 -9- W. H. Shipman Keaau Master Plan Increment 1 of Area D Exi:sing Conditions The proposed project is expected to generate a total of 365 vehicle trips per hour (vph) during the AM peak hour of traffic - 268 vph entering the site and 97 vph exiting the site. During the PM peak hour of traffic, the proposed project is expected to generate 399 vph entering the site and 500 vph exiting the site. Of the total 899 PM peak hour trips, 423 vph are expected to be pass-by trips and 476 vph are expected to be primary trips. D. External Traffic The background growth in traffic was estimated at 2.85 percent per year through the Year 2008, which was derived from the traffic forecasts developed from the Island of Hawaii Long Range Land Transportation Plan (HLRLTP), prepared for the State of Hawaii Department of Transportation in cooperation with the County of Hawaii Departments of Public Works and Planning. The background growth rate was applied uniformly throughout the study area. E. Anticipated Future Development 1. Shipman Properties in Keaau Eighty-five (85) undeveloped acres of the Shipman Business Park were assumed to be developed at an absorption rate of 2.8 acres per year, based upon prevailing market conditions. By the Year 2008 planning horizon, about 28 acres are expected to be developed into 50 percent business park and 50 percent light industrial uses (14 acres business park and 14 acres light industrial). Keaau Corner Shopping Center is planned for a total of 13,000 SF GFA, of which 5,000 SF GFA has been constructed and 8,000 SF GFA remains to be built. An elderly housing project is planned in Keaau Town consisting of 20 dwelling units (DU). A 6,000 square foot medical clinic also is planned. Upon further analysis of the land use forecast that was developed for the HLRLTP, the State DOT's traffic projections accounted for "infill" development, such as the Keaau Corner Shopping Center, elderly housing project, medical clinic, and residential projects in Keaau. Furthermore, Shipman Business Park was included as a separate "traffic analysis zone", which was the smallest unit of land use analysis in the HLRLTP -to- W. H. Shipman Keaau Master Plan Increment 1 of Area D Year 2008 Traffic Condition:; Without Project transportation planning model Therefore, the background annual growth in traffic, developed from the HLRLTP included the development of Shipman properties in Keaau Town and Shipman Business Park. 2. O[her Developments The "Traffic [mpact Analysis Keaau Industrial Subdivision" analyzed the traffic impacts resulting from a 15 acre industrial park, located on the east side of the Keaau Bypass, north of Milo Street. An addendum was prepared for the project, analyzing the development of 60,000 square feet of retail floor area, in addition to a 10 acre industrial park. The Keaau Industrial Subdivision traffic study also analyzed the traffic generated from the proposed Christian Liberty School and a proposed nursery on Milo Street. The findings of the Keaau Industrial Subdivision traffic study were incorporated into this analysis. The 'Traffic Study Keaau High School" analyzed the traffic impacts of both the Keaau High School and the Keaau Elementary School. The findings of the Keaau schools traffic study were adopted for this assessment. F. Traffic Assignment The Year 2008 traffic operations without the project were analyzed with the completion of the Keaau Bypass. The Keaau Bypass is expected to divert through traffic, originating from and bound for the Puna area. The traffic assignment, i.e., the relative split in traffic between the Keaau Bypass and Keaau-Pahoa Road, was developed from the 'Traffic Impact Analysis Report for Keaau-Pahoa Road, Keaau Town Section". Figures 5 and 6 depict the AM and PM peak hour traffic assigrtments without the proposed project at the Volcano Highway intersections at the Keaau Bypass and at Keaau-Pahoa Road. III. Year 2008 Traffic Conditions Without Project A. Year 2008 AM Peak Hour Traffic Analysis Without Project Volcano Highway, between Keaau-Pahoa Road and the Keaau Bypass, is expected to continue to operate at LOS "B" and a v/c ratio of 0.61 in the peak direction of traffic (northbound), during the AM peak hour of traffic without the proposed project. North of the study area, northbound Volcano Highway is expected to operate LOS "E" and a v/c ratio of 0.92. _tt_ W H. Shipman Keaau Master Plan Increment 1 of Area D Year 2008 Traffic Conditions Without Project VOLCANO HIGHWAY 1467 I - 535 ,-r~ 522 - 10 / ~ N 1903 ~ NOT TO SCALE I \ 57 i~ SHIPMAN 207 y156 ~ q~5 ~ PARK ~ 3~~ i ~ ~ _ ~ 143 ~ KEAAU BVPAS3 100 13 / 3 7132 ~ ~ ~ 167 ~ A i i \ i i ~ KEAAU-PAHOA ROAD VOLCANO HIGHWAY KEAAU-PAHOA ROAD Figure 5. AM Peak Hour Traffic Assignment Without Project -iz- W. H, Shipman Keaau Plaster Plan Increment 1 of Area D Year 2008 Traffic Conditions Without Project VOLCANO HIGHWAY 517 969 i= 1424 10 ; ~3 NOT TO SCALE C 60~ SHIPMAN 816 386 ~ 208 PARK _,_V r 39 ~ 14 ~ ~ ~ ~ KEAAU BYPASS ~y 78+ ~ ~ i 2B F, 357 / ~ 7~ X102 \ ~ KEAAU-PAHOA / ROAD \ ~ VOLCANO HIGHWAY KEAAU-PAHOA ROAD Figure 6. PM Peak Hour Traffic Assignment Without Project -13- W. H. Shipman Keaau Plaster Plan Increment 1 oiArea D Traffic Impact Analysis During the Year 2008 AM peak hour of traffic without the proposed project, the intersection of Volcano Highway and the Keaau Bypass is expected to operate an overall LOS "C" and a v/c ratio of 091. The northbound through movement and the southbound left turn movement on Volcano Highway at the Keaau Bypass are expected to operate at LOS "D". The left turn movement from the Keaau Bypass to southbound Volcano Highway also is expected to operate at LOS "D" during the Year 2008 AM peak hour of traffic without the proposed project. B. Year 2008 PM Peak Hour Traffic Analysis Without Project During the Year 2008 PM peak hour of traffic without the proposed project, Volcano Highway, between Keaau-Pahoa Road and the Keaau Bypass, is expected to operate at LOS "B" and a v/c ratio of 0.38 in the peak direction of traffic (southbound). North of the study area, southbound Volcano Highway is expected to operate at LOS "C" and a v/c ratio of 0.62. The intersection of Volcano Highway and the Keaau Bypass is expected to operate an overall LOS "B" and a v/c ratio of 0.61, during the Year 2008 PM peak hour of traffic without the proposed project. The individual traffic movements at the intersection are expected to operate at LOS "B". or better. The Year 2008 AM and PM peak hour traffic without the proposed project and the results of the capacity analysis are depicted on Figure 7. IV. Traffic Impact Analysis A. Traffic Improvements With Project The following traffic improvements are proposed to mitigate roadway deficiencies, expected by the Year 2008 with the i oposed project. 1. An exclusive right turn lane should be provided on southbound Volcano Highway to Road A. 2. An exclusive left turn lane should be provided on northbound Volcano Highway to Road A. _iq_ W. H. Shipman Keaau Masfer Plan Increment 1 ofArea D Traffic Impact Analysis LOSE T TO /OLCdNO HIGHWAY V/C=0.92 HiLO I ae~ i ~ ~ ~ i D ~D ~ I ~y 595 I~ ~ `~i ~ ~ 522 L-~~~~ KEAAU NORTH BYPASS NOT TO SCALE i-~ p ~ ~ ~ ~ ISO] w ~ ! D A LEGEND TO VOLCANO VOLCANO HIGHWA LOS B 90 TRAFFIO MOVEMENT VOLUME NPHI ` V/C~0.6t b LANE coNTRDL AM PEAK HOUR TRAFFIC WITHOUT PRO.IECT © LEVEL OF SERVICE I61GNALIZED GONDITIOW LOS LEVEL OF SERVICE IMULTI-LANE HWV) LOS C ~ i0 V/C VOLUME~TO-CAPACITY RATIO IMULTLLANE HWY) V/C X0.82 VOLCANO HIGHWAY HILO i i I 51T A ~ i ~ i i ~ ~ to AB ~ i I I ! I J/ ~ %9 ~ ~ 1A29 ~ 4' I_. i ~ NEAAU BYPASS )0] i I T~ 10 I ~I I B A I TO ~ i VOLCANO LOSE VOLCANO HIGHWAY V/C ~0.J8 PM PEAK HOUR TRAFFIC WITHOUT PROJECT Figure 7. 2008 Peak Hour Traffic Analysis Without Project -is- W. H. Shipman Keaau Master Plan Increment 1 of Area D Traffic Impact Analysis 3. The Keaau Bypass should be widened to provide athrough-only lane to Road A, in addition to the exclusive left turn lane and the dual right turn lanes. 4. Road A should provide an exclusive left turn lane, through-only lane, and an exclusive right turn lane at Volcano Highway. B. Alit Peak Hour Traffic With Project Northbound Volcano Highway, between Keaau-Pahoa Road and the Keaau Bypass, is expected to operate at LOS "C", during the AM peak hour of traffic with the proposed project. The v/c ratio is expected to increase to 0.65. North of the study area, northbound Volcano Highway is expected to continue to operate at LOS 'B" with a v/c ratio of 0.94. During the AM peak hour of traffic with the proposed project, the intersection of Volcano Highway and the Keaau Bypass is expected to continue to operate an overall LOS "C" and a v/c ratio of 0.98. Critical individual traffic movements at the intersection are expected to continue to operate at LOS "D". These movements include: the through and left turn movements on northbound Volcano Highway; the left turn movement on southbound Volcano Highway; the through and left turn movements on Keaau Bypass; and the through and left turn movements on Road A. C. Year 2008 PM Peak Hour Traffic Analysis With Project During the Year 2008 PM peak hour of traffic with the proposed project, Volcano Highway is expected to operate at LOS "B" and a v/c ratio of 0.41, between Keaau-Pahoa Road and the Keaau Bypass. North of the study area, southbound Volcano Highway is expected to operate at LOS "C" and a v/c ratio of 0.58. The intersection of Volcano Highway and the Keaau Bypass is expected to operate an overall LOS "B" and a v/c ratio of 0.68. Individual traffic movements at the intersection are expected to operate at LOS "C" or better. The AM and PM peak hour traffic with the proposed project and the results of the capacity analysis are depicted on Figure 8. -[6- W_ H Shipman Keaau Master Plan Increment 1 ofAiea D Recommendations P To LOSE MLO VOLCANO HIGHWAY V/C-Q~B4 tefil ~ ~A I ~ ~ ~ ~ 89f~D I t0 A A D ~ ~ ~ _ _ 6d 552 59~ ~ ~ ~ ~ ~ ~ ~ , J A KEMU `N~ ROADA~ ~ BYPASS i NOT TO SCALE - - ~ - ----3 ~~~,i~l~i(~ 1 ( n5F~10 » i i O ~ 0 0 B D 12 i ~ R LEGEND TO ~ VOLCANO yOLCANO HIGHWAY LOSC TRAFFIC MOVEMENT VOLUME NPH) L V/C-0.85 LANE CONTROL ~ AM PEAK HOUR WITH PROJECT LEVEL OF SERVICE SIGNALIZED CONDITION) LOS LEVEL OF SERVICE ~MULTbLANE HWY~ LOS C T TO V(C VOLUME~TO-CAPACITY RATIO (MULTbLANE HW'I) V/C-O.SB VOLCANO HIGHWAY HILO 4~ A 1\ B 10 BBC ~ I ~V L. 263 ~ 1341 9~ ~ ~ ~ ~ ~ ~ ~i - KEPAU ROADA A ~ BYPASS J - ~ ~ 661 I ~ ~ ~ ~ ~ ~ ~ ~ ~ ]fi E~ t0 16B ~ C C C C 1J5 I ~ I I ~ i g i i 19) TO ~ ~ i VOLCANO LOS B VOLCANO HIGHWAY ~L V/C-0.4t PM PEAK HOUR WITH PROJECT Figure 8. 2008 Peak Hour Traffic Analysis With Project W_ H. Shipman Keaau Master Plan Increment 1 ofArea D Recommendations V. Recommendations A. Traffic Improvements Proposed With Project The following traffic improvements are proposed at the intersection of Volcano Highway and Keaau Bypass/Road A to mitigate roadway deficiencies, expected by the Year 20013 with the proposed project. 1. An exclusive right turn lane is recommended on southbound Volcano Highway to Road A. 2. An exclusive left turn lane is recommended on northbound Volcano Highway to the proposed Road A. 3. The Keaau Bypass should provide athrough-only lane to the Road .4. 4. Road A should provide separate left turn, through, and right turn lanes at Volcano Highway. B. Future Roadway Improvements Volcano Highway should be widened from four lanes to six lanes between Keaau Town and Makalika Street, as recommended in the "Island of Hawaii Long Range Land Transportation Plan". Northbound Volcano Highway at the Keaau Bypass should provide three (3) through lanes, as recommended in the 'Traffic Impact Analysis Report for Keaau-Pahoa Road, Keaau Town Section". Road A is expected to be extended to the west and become part of a road network for the W. H. Shipman Keaau Master Plan. Additional access points are planned along Volcano Highway to the south. Road A also is expected to connect to the proposed Komohana Street and/or Kupulau Street Extensions and the Shipman Business Park subdivision roadway(s). _t8_ W. H. Shipman Y,eaau Master Plan Increment 1 of Area D Conclusions VI. Conclusions This traffic analysis builds upon previous traffic studies prepared by State DOT for the Keaau Bypass and the island of Hawaii land transportation .rystem. It also adopts the traffic impact analyses of previous studies prepared for developments in the region. The traffic generated by the development of Increment 1 of Area D is not expected to affect the overall Level of Service of the planned intersection of Volcano Highway and the Keaau Bypass. Table 2 summarizes the Level of Service analysis for the intersections within the study area. Table 2. Summary of Capacity Analysis Volcano Highway and Keaau Bypass/Road A AM Peak Hour PM Peak Hour Scenario LOS V/C LOS V/C Existing (1998) N/A N/A N/A N/A Without Project (2008) C 0.91 B 0.61 With Project (2008) C 0.98 B 0.68 The proposed Road A is expected to provide access for up to 30± acres of retail and mixed commercial/industrial uses through the Year 2008. With the implementation of the recommended traffic improvements discussed herein, the development of Increment 1 of Area D of the W. H. Shipman Keaau Master Plan is not expected to have a significant impact on traffic operations at the intersection of Volcano Highway and the Keaau Bypass/Road A. _ tg_ DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII ~ DATE: November 10, 1999 I~~L~fL TO : Virginia Goldstein, Planning Director Planning Department FROM : Dep rtment of Public Works LL SUBJECT: CHANGE OF ZONE APPLICATION (REZ 99-025) ~ r;'> Applicant: W.H. Shipman, Ltd. Request: A-20a to MCX-20 TMK: 1-6-03: portion of 007 We have reviewed the subject application forwarded by your memo dated October 11, 1999 and have the following comments. 1. Buildings shall conform to all requirements of code and statutes pertaining to building construction. 2. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 3. DrywellswithinthesubjectdevelopmentwillrequireanUndergroundlnjectionControl (UIC) permit from the Department of Health, State of Hawaii. 4. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting with the approval of Department of Public Works (DPW). 5. The subject parcel in within Flood Zone X (panel not printed) as designated by the Federal Emergency Management Agency. 6. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 7. Wastewater disposal shall meet the rules and regulations of the Department of Health. EXHIBIT \C ~ a Memo to Planning Department Page 2 of 2 November 10, 1999 8. The Volcano Highway, fronting the subject property, is under the jurisdiction of the State Department of Transportation. 9. The applicant shall construct improvements within the entire proposed Road Aright- of-way consisting of A.C. pavement with concrete curbs, gutters, and full-width sidewalks meeting with the approval of the DPW. 10. The applicant shall construct traffic improvements at the intersection of Volcano Highway and Keaau Bypass Road/Road A as recommended in the Traffic Impact Analysis Report, prepared by The Traffic Management Consultant, dated September 17, 1999. The existing traffic signal equipment and phasing shall be upgraded to interface with the newly constructed Keaau Bypass Road. 11. Install street lights, signs and markings meeting with the approval ofthe DPW, Traffic Division. Questions may be referred to Kelly Gomes of our Engineering Division at ext. 8327. KG c: TRF a1 urr~r i1\ n `y DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII ~i P\ 26 AUPU NI STREET HILO, HAWAII 96720 rr XIr\\t. TELEPHONE (808) 961-6660 FA%!808) 9b1-8657 October 15. 1999 v Mr. Robert Saunders, President W. H. Shipman, Ltd. ~:~t'p P.O. Box 950 Keaau. HI 96749 c~ - _ o CHANGE OF ZONE APPLICATION N0. 99-025 TAX MAP KEY 1-6-003:PORTION OF 007 This application request was forwarded by the Planning Department to this office for our review. Although there is an existing 16-inch waterline along the Volcano Highway fronting the property and from Kipimana Street within the Shipman Industrial subdivision. approximately 970 feet from the property, we request that the anticipated maximum daily water usage as recommended by a registered engineer be submitted for our review and comment. Upon completion of our review of the above request, we will submit our comments and requirements to the Planning Department for final approval. Should there be any questions, please call our Water Resources and Planning Branch at 961-8665. Milt n D. Pavao. P.E. Manager WA:gms copy - Planning Department~~ William L. Moore Planning EXHIBIT 6y++''° \~r UVafer brined rro~reed... WILLIAM L. MooRE PL.~v1vING IS9 HALM STREET HILO, HAWAII 96720 (SOS) 935.0311/Faa (808) 9340162 November 22, 1999 Virginia Goldstein, Director County of Hawaii Planning Department 25 Aupuni Street Hilo, Hawaii 96720 Deaz Ms. Goldstein: Subject: Change of Zone Application (REZ 99-025) W.H. Shipman, Ltd.. TMK: 1-6-003: portion of 007 This is to acknowledge receipt of a copy of the letter dated October 15, 1999 from the Department of Water Supply (DWS) to the Planning Director regazding the Change of Zone application from A-20a to MCX-20, Keaau, Puna, Hawaii Island. We understand that before the DWS will issue any water commitments for the proposed development, W.H. Shipman, Ltd. must submit an analysis of the anticipated maximum daily use for the proposed commercial development. In addition, a water commitment deposit in accordance with the DWS rules must be remitted. Please be informed that Shipman intends to comply with these requirements within six (6) months of approval of the Change of Zone application for the proposed development. Please call me if you have any questions on this matter. Sincerely, William L. Moore cc: Milton D. Pavao, P.E., Manager Department of Water Supply Robert Saunders, President W.H. Shipman, Ltd. J rr~o~ haw or a,l,~~,,;. Wayne G. Carvalho Stephen K. Yamashiro 1'ulice Ch:ej Mngor James S. Correa •i~r~ Deputy Police Chief L' (1~aurlfg n~ ~ufuttit POLICE DEPARTMENT + 359 Kapiolani Street Hilo, Hawaii 96720-3998 _ 1908) 935-3311 Fax (808) 961-2702 U~ October 15, 1999 = - iro TO VIR A ,,P N~NING DIRECTOR FROM OMAS J~~OX, ASSISTANT POLICE CHIEF, FIELD OPERATIONS BUREAU SUBJECT CHANGE OF ZONE APPLICATION (REZ 99-025) APPLICANT: W.H. SHIPMAN, LTD. REQUEST: A-20a TO MCX-20 TAX MAP KEY: 1-6-003: PORTION OF 007 Staff has reviewed the above-referenced application and offers the following comments. We would be interested in the State Department of Transportation's evaluation of the proposed intersection of "Road A" and the Volcano Highway/Keaau Bypass. However, based on our own experience, we cannot concur that the "...traffic generated...is not expected to affect the overall Level of Service of the planned intersection..." The developers must anticipate increased traffic generated by their project. Indeed, they would encourage it. Finally, completion of this project would have a direct impact on allocation of police services. We expect increased traffic and calls for service, which would eventually require additional personnel and redistribution of our resources. Please direct any response or further inquiries on this matter to Captain Elroy Osorio, Jr., Commander of our Puna District. Thank you for the opportunity to comment. EO:Ik EXHIBIT a. WILLIAM L. MOORS PLANNING 159 HALM STREET HILO, HAWAII 96720 (808) 9350311/Faz (808) 9340162 November 22, 1999 Virginia Goldstein, Director County of Hawaii Planning Department 25 Aupuni Street Hilo, Hawaii 96720 Dear Ms. Goldstein: Subject: Change of Zone Application (REZ 99-025) W.H. Shipman, Ltd.. TMK: 1-6-003: portion of 007 This is to acknowledge receipt of a copy of the memorandum dated October I5, 1999 from the Police Department to the Planning Director regarding the Change of Zone application from A-20a to MCX-2Q Keaau, Puna, Hawaii Island. Please be informed that W.H. Shipman, Ltd. (Shipman) has submitted a copy of the Traffic Impact Analysis Report (TIAR) to the Department of Transportation for their review and comment. A copy of the TIAR was included as an appendix to the Environmental Report for the proposed change of zone. The TIAR does anticipate increased traffic at the Volcano Highway-Keaau Bypass intersection, which is presently under construction. However, the analysis indicated that the anticipated Level of Service of the intersection will not be diminished upon build out of the project. The project may result in a marginal increase in the need for police service in the Puna District. However, there is a police substation in the Keaau Village area which is situated within 4,000 feet of the project site. At the same time, the proposed change of zone will provide much needed services and jobs within the Puna District, diminishing the need to travel the additional distance to Hilo. Please call me if you have any questions on this matter. Sincerely, W~~ ~ V~NYV~ William L. Moore cc: Thomas J. Hickox, Assistant Police Chief, Field Operations Bureau Police Department Robert Saunders, President W.H. Shipman, Ltd. BENJAMIN J.CAYETANO ~ ~ I tti Bruce S. Anderson Ph.D. int. P. H. ~ove6rvaH ~ ~ fro oidecroa of nentrN c __;eeP STATE OF HAWAII DEPARTMENT OF HEALTH vo soxsi6 HILO, HAWAII 96]21 0916 Y. t, J ' MEMORANDUM ~ DATE: October 14, 1999 TO: Virginia Goldstein Planning Director, County of Hawaii FROM: Aaron Ueno District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 99-025) Applicant: W.H. Shipman, Ltd. Request: A-20a to MCX-20 Tax Man Kev 1-6-003 Portion of 007 The subject project may be required to be serviced by a Wastewater Treatment Works. Sewage flow calculations and the proposed design plans for the sewage treatment and disposal system needs to be prepared by a Registered Professional Engineer licensed by the State of Hawaii. These reports would need to be submitted to our Wastewater Branch (Ph. 586-4294) in Honolulu. Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm run-offs from the proposed development need to address the requirements of Chapter 23, Hawaii State Department of Health Administrative Rules, Title 11, "Underground Injection Control." Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." a. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. EXHIBIT ~;.,.~-~=~i' Virginia Goldstein October 14, 1999 Page 2 b. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. c. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933-0917. WP7.O:REZ99-25.mi WILLIAM L. MOORS PLANNING 159 HALAL STREET HILO, HAWAII 96720 808 9350311/Fax 808 9340162 ' ' " '6; ' t~ ~ yr ~ November 22, 1999 ~ ~ ~ ~ ~ . Virginia Goldstein, Director County of Hawaii Planning Department 25 Aupuni Street Hilo, Hawan 96720 Deaz Ms. Goldstein: Subject: Change of Zone Application (REZ 99-025) W.H. Shipman, Ltd.. TMK: 1-6-003: portion of 007 This is to acknowledge receipt of a copy of the memorandum dated October 14, 1999 from the State Depaztment of Health to the Planning Director regazding the Change of Zone application from A-20a to MCX-20, Keaau, Puna, Hawaii Island. Please be informed that the applicant, W.H. Shipman, Ltd., will comply with the requirements of the State Depaztment of Health with respect to wastewater disposal, Underground Injections Systems, Community Noise Control, and all other requirements and regulations of the Depaztment of Health. Please call me if you have any questions on this matter. Sincerely, William L. Moore cc: Aazon Ueno, District Environmental Health Program Chief State Depaztment of Health Robert Saunders, President W.H. Shipman, Ltd. 0.. E A ~ o ~-4 kv tt ~~":.i t BENJAMIN J. GAVETANO ~ f~ I ESTHER UEDA GOVEftNOF g¢, 'i, EXECUtNE OFFICER Y %a ~8p 69 6~ STATE OF HAWAII DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT & TOURISM LAND USE COMMISSION P.O. Box 2359 Honolulu, HI 96804-2359 Telephone: 808-587-3822 Fax: 808-587-3827 't- .i% October 19, 1999 ~ l ~O Ms. Virginia Goldstein Planning Director ~ County of Hawaii ~ 25 Aupuni Street, Room 109 cc,J Hilo, Hawaii 96720-4252 Dear Ms. Goldstein: Subject: Change of Zone Application (REZ 99-025), W.H. Shipman, Ltd., Keaau, Puna, Hawaii TMK 1-6-03: oor. 7 We have reviewed the subject application forwarded by your transmittal dated October 11, 1999, and confirm that the project area, as represented on Figure 1, is designated within the State Land Use Urban District. As noted in the application, the project area comprised a portion of the area reclassified pursuant to LUC Docket No. BR92-699/Office of State Planning to accommodate future urban growth. The reclassification was subject to 24 conditions, including a number of conditions that required certain agreements/approvals be obtained prior to the landowner and/or developer submitting an application to the county for rezoning. In light of this requirement, clarification should be provided as to the applicant's attempts to comply with Condition No. 4, which require the applicant to obtain the agreement of the Housing and Community Development Corporation of Hawaii, successor to the Housing Finance and Development Corporation, on the provision of affordable housing prior to applying for rezoning. We have no further comments to offer at this time. We appreciate the opportunity to comment on the subject application. EXHIBIT ~ z;=~4~; Ms. Virginia Goldstein October 19, 1999 Page 2 Should you have any questions, please feel free to call me or Bert Saruwatari of our office at 587-3822. Sincerely, ESTHER UEDA Executive Gfficer EU:aa PUNA SOIL and WATER CONSERVATION DISTRICT 154 WAIANUENUE AVE. - RM. 322 HILO, HAWAII 96720 TO: COUNTY PLANNING DEPARTMENT l~A"1'g; October 26, 1999 D~ FROM: Loren Mochida 1.. (J7 Re: County Environmental Report c~ ~ 1 r. Comment.v on the County Envimaxmental_ Report regarding TMIt 1-6-M: Por of change~~f zone application dated September 27, 1999 is hereby submitted by the Puna SWCD Board. A drainage concern is of the highest priority for this area. Although no major flooding occurs on this planned area, the present highway floods during heavy rainfall. The flooding problem is presently being addressed with the construction of the new by-pass road. All drains from this by-pass road are being diverted into TMK 1-6-03-073. The lowest elevation of this TMK is presently being used for an agriculture processing facility. Should this 32 acre development proceed without adequate drainage then major flooding problems could exist to the by-pass road and facilities below that. Present rainfall is percolated into the ground. With 32 acres of concrete and asphalt heavy rainfall will cause flooding in lower lying areas. This will flood TMK 1-6-03-73 and into TMK 1-6-03-29. Sincerely, 1 ~ c Loren Mochida, Chairman Puna SWCD . EXHIBIT f_~~'.~. > County Environmental Report W. H. Shipman Limited Change of Zone Application A-20a to MCX-20 Tax Map Key: 1-6-03: Portion of 7 Date: September 27, 1999 Prepared by: William L.Moore Planning 159 Halai Street Hilo, Hawaii 96720 COUNTY ENVIRONMENTAL REPORT W. H. Shipman, Ltd. Change of Zone Application IA-20a to MCX-20) Tax Map Key: 131 1-6-03: Portion of 7 Keaau, Puna, Hawaii Island Table of Contents A. Subject Request Page No. 1 B. Conformance with State/County Plans Page No.12 C. Physical Characteristics and Environmental Setting Page No. 17 D. Public Facilities and Services Page No. 26 E. Environmental Assessment and Analysis Page No. 27 F. Agency Comments Page No. 30 Figures 4. Location Map Page No 2 5. State land Use Districts Page No.3 6. General Plan Land Use Allocation Guide Map Page No. 4 7. Site Plan Page No. 5 8. Conceptual Keaau Development Ptan Page No. 7 9. Proposed Keaau Center Page No.9 Appendix A. Traffic Impact Analysis for the Proposed W. H. Shipman Keaau Master Plan Increment 1 of Area D; The Traffic Management Consultant W. H. Shipman Coanty Environmrntal Report September 27, 1999 BACKGROUND AND COUNTY ENVIRONMENTAL REPORT Change of Zone Application W. H. Shipman, Ltd. (A-20a to MCX-20) Tax Map Key: 131 1-6-03: Portion of 7 Keaau, Puna, Hawaii Island A. Subject Request 1. Details of the Proposed Use/Development a. Project Description The applicant, W. H. Shipman, Limited, (Shipmanl, is requesting a Change of Zone for approximately 32.028 acres from Agricultural -20 acre IA-20a) to Industrial-Commercial Mixed Use - 20,000 square feet (MCX-201 zoned district. The project area is a portion of a 1,3441 acre parcel and is located on the west. side of Volcano Highway (Highway 11) between Keaau town and the Shipman Business Park and to the west of the of the Volcano Highway - Keaau Bypass intersection, TMK: 1-6-03: portion of 7, Keaau, Puna, Hawaii Island. (See Figure No. 1 -Project Location Map) The project area is a portion of the 660 acres of land that were reclassified from Agricultural to Urban in 1994 by the State Land Use Commission (SLUG) as part of the Office of State Planning's State Land Use District Boundary Review (Figure No. 21. This area and the surrounding lands have been designated for Urban Expansion or Industrial uses by the Hawaii County General Plan Land Use Pattern Allocation Guide (LUPAG? map (Figure No. 31. An approximately 16 t acre portion of the 32.028 acre project area is proposed to be developed with a shopping center while the balance of the property will be developed as a mixed use commercial/light industrial area. In addition, an approximately 2t acre portion of the project area will be developed by Shipman with a roadway that would extend the Keaau Bypass through the project area. This roadway will be dedicated to the public upon completion ISee Figure No. 41. W. H. Shipman County Environmental Repoli September 27, 1999 Page No. 1 Q C ~ ~ ~ I Z _ ~I i ~ - _ i ny `y 'Lp _ - ~ ~ ~E - A ~ . CAAAF~, ~ I A \ 7 ~I ~r 1~ N ~r cc` 7~ _ J ~ V~7 % ~ I~ PRO.IECT ~ I I ~ ( _ K ~o AREA A ~PA 1C9ti0 • ,y I U K L F~IC~'11NA _ TO ILO 130 ~i~ c ~p ARIL MP ~2$ AY KEAAU YPASS - - - ~1 Ste. ,i FIGURE #1 KEAAU LANDS LOCATION MAP PUNA DISTRICT, HAWAII PREPARED FOR: W.H. -'~IPMAN, LIMITED, COUNTY ENVIRONMENTAL REPORT I ~ I^~ PREPARED BY: OKA. :,RA & ASSOCIATES INC. L~ L.~ 2~'0 ® o FIG-~OGdwg v A`<~ _ _U A _ ~ - ~ ~ 'I U ~ • _~~--1 aREA G ~ T ~E 3r - - ~ ~ ESS - ~ SPARK ~ - PRO,ECT AREA I m AF~~ ~ ~ ~ L1CV`At .....d'Lf .....Y.. L A ....-':dC. HIGFIWAY 1 „ - o ~ WAY J KEAAU YPASS A _ ~ LEGEND EXISTING URBAN EXISTING AGRICULTURAL URBAN AREA RECLASSIFIED BY DOCKET N0. _ FIGURE #2 KEAAU LANDS STATE LAND USE DISTRICTS PUNA DISTRICT. HAWAII PREPARED FOR: W.H. SHIPMAN, LIMITED, COUNTY ENNRONMENTAL REPORT PREPARED BY: OKAHARA do ASSOCIATES INC. saoa rt. ® o FIG-LUD.dwg v . ~ ~ { ,~~"s. ~ Soy .<r L =s. s;,, - +TS~~ ,~.,`M O t } h FIGURE ~3 KEAAU LANDS GENERAL PLAN LAND USE ALLOCATION GUDE MAP Purvn oisrRicr, Hawn PREP4RED FOR- 'nh. SHIPMMl, UMIiED, COUYtt ENVIRONMENT4L REPORT PREFaRED BY. OhAN4RA a;50CiaiES wC. serf ® 0 ~ _ ~ l ~ - ~ ~ ~ ~ V A~` ~`V ~ ~ ~ A A i I A ~ r / / / 1 i A~ / I/ / ~ ~ ~ ~ V~, \ \ hV i i, I \ I / / \ ~ ~ ~ 'I , -v ~ i i ~ Q i \ ~ RIGHT ~ V ` ~ I . - ='i ~ Vv i f ~ ~ ~ _ ~ bN~`(3 i ~ ~ ~ ~ ~ ~ ~ I~ ~ i ~ ~ ~ ~ \ l 7 I i i ~ I ~t ~1 = t ACFE~8dY1TER~ ~ ~ V ~ ~ ~ = = 1 i - / , - ~ i i 7 i a') ~ C i ~ I ~ \ 1 I q t2 ~ Ad~u- ~ 1 ~ ~ { a ~ f ~ µ t ICI I ~ ~ ~ ~ V V ~ '4. ~'RQ~S f~GAY b~ \ 1 ~ x~ t ` ~ I ~ ~ \ ~ \ \ I ( I 1 \ 1 \ ~ ~ FIGURE #4 KEAAU LANDS SITE PLAN PUNA DISTRICT, HAWAII PREPARED FOR: W.H. SHIPMAN, LIMITED, COUNTY ENVIRONMENTAL REPORT PREPARED BY: OKAHARA & ASSOCIATES INC. wo cr. ® o FIG-SITE.dwg b. Statement of objectives and reasons for the request: Shipman is proceeding with this request for rezoning on the basis of the SLUC's reclassification of the area to Urban and to secure entitlements to position itself for existing and future commercial demand. The project area is intended to implement the Conceptual Keaau Development Plan (See Figure No. 5). This plan is intended, in part to: o Create a cohesive master planned community that serves the full range of needs of the residents of Keaau as well as the Puna region; o Provide for expanded employment and business opportunities for both the Hilo and Puna regions; and o Provide a focal point for the provision of services and facilities in Puna. The project area is a portion of the master plan identified as a "Regional Center." This area is intended to provide services and facilities that can provide for the commercial, government and private service requirements of the Puna Region. This area is also intended to complement the regional services and business opportunities available in the City of Hilo. The State of Hawaii is in the process of completing several major capital improvements in the Keaau area, including the Keaau Bypass Highway. The project area is being planned in a manner to coordinate with the ongoing design and construction of the Keaau Bypass and to incorporate improvements at this time so the intersection does not have to be rebuilt in the future. Should this application be approved, additional highway improvements will be constructed at Shipman's expense to provide appropriate access to the project site. These improvements have been designed to minimize disruption to the Keaau Bypass-Volcano Highway intersection. c. Number of acres/square feet: The project area will encompass a total of 32.028 acres. d. Proposed floor area of proposed building envelope: The project area is divided into two sub-development areas. Parcel B is planned to be developed as a shopping center with up to 118,000 square feet W. H. Shipman Comty Environmental Report September 27, 1999 Page No. 8 cq ` ~ - _ LO \9~ v~ s- _s_ V~ ~ ----~,'T~ ~ _ WATER~_. , wArER i ~`REb`DENTIAL! wELL l WELL RECREATION ~ i i ` - i , r-- _ ~ - - - ~~1 ~ , I - TRUIL I I~ RESDENTIAL - _ ~ ~ _ - - - ~ S~ _ RES. _ _ QJECT ° P H REGION~4L _ _ AE3~ CENTER. ~ \ - - - 4 ,W ~ MAC _ _ - , J' NUT REST-'" _ - ~ / ~ r KEAA - WAY P AYA LEGEND ® OTHER OWNERS FIGURE #5 KEAAU LANDS CONCEPTUAL KEAAU DEVELOPMENT PLAN PUNA DISTRICT, HAwAn PREP4RED fOR: W.H. SHIPMAN, LIMITED, COUNTY ENVIRONMENTAL REPORT PREPARED 8Y: OKAHARA & ASSOCIATES INC. zoao ~r. ® 0 -.,-CON Awg of retail floor area (See Figure No. 61. Parcel C is planned as a mixed use commercial/light industrial area. Approximately 100,000 to 125,000 square feet of commercial, and industrial space is anticipated to be accommodated in this portion of the project area. The proposed site plan and description do not represent a formal proposal on the part of Shipman, but was completed for the purposes of assessing environmental impacts and infrastructural requirements. The plan is based on similar sized commercial projects within the County of Hawaii and represents Shipman's best estimate of the future development scenario for this area. e. Time frame and cost: The anticipated time frame for the completion of development of the project area is eight 181 years from final zoning approval or by 2008. The total construction cost for the project is estimated to be approximately S32,000,000 million, based on current construction standards and in current dollar terms. f. Number of employees and clientele: It is estimated that the proposed shopping center development will create approximately 470 employment positions, based on an estimated standard of 1 employee per 250 square feet of retail space. The number of employees within the commercial/light industrial mixed use portion of the project area will depend on the mix of commercial and industrial tenants. However, it is anticipated that more than 300 employment positions will be created within this area upon full build-out. g. Parking arrangement: The proposed site plan for the shopping center area (Parcel B) provides approximately 1,000 parking spaces. This will exceed the Zoning Code's requirement of 1 stall per 300 square feet of retail area for approximately 400 stalls for the proposed 118,000 square foot center. The parking for the proposed mixed use commercial/light industrial area portion of the project area has not been determined at this time. However, the parking and loading spaces will conform with the requirements of the Hawaii County Zoning Code. W. H. Shipman County Endvomnental Report September 27, 1999 Page No. 7 r ~ N ~ °8 ~ ~ ((ll ~ Q ~ 7~~ 8o ~xy0, Ipi~O Ln ~ ~ s'~ ~dP Mr~~t ei _ $ !Y ~N- - N q a d~a~s~~~ ~ ~ ~ , ~ G ~w ~ s ~ I k. I~ ~ ~;l ~ E ~ d ~h 1 j d , ,r y` i ~ ~ ~f. i F yD Y I a ! h '~'T S . ~ ~ s 1~ i Y ~i, ' L_ _ wl N ~r 1` l~\e Y..~. n/ h. Traffic Impacts: As part of this application, Randall Okaneku, P.E., principal of The Traffic Management Consultant, prepared a Traffic Impact Analysis Report (TZAR) for the project area, dated April 5, 1999. This report is included in Appendix A. The TIAR assessed the existing and future traffic flows at the intersection of the Volcano Highway and Keaau Bypass (future). This intersection is in the process of being signalized. The TIAR made the following findings and recommendations: o The two-lane Volcano Highway, south of Keaau Town, and the four- lane highway, north of the Keaau Bypass intersections are expected to operate at near capacity conditions without and with the project. The "Island of Hawaii Long Range Land Transportation Plan," prepared by the State Department of Transportation, recommended that Volcano Highway should be widened from four to six lanes between Keaau Town and Makalika Street. It further recommends that Volcano Highway should be widened from two lanes to four lanes between Keaau Town and Mountain View. o The following traffic improvements are proposed by Shipman, at its cost, at the intersection of Volcano Highway and the Keaau BypasslRoad A to provide access to the project area: • Provide an exclusive right turn lane on southbound Volcano Highway to the proposed Road A; • Provide an exclusive left turn lane on northbound Volcano Highway to the proposed Road A; • Provide athrough-only lane to Road A from Keaau Bypass; and • Provide separate left turn, through, and right turn lanes on Road A at the Volcano Highway intersection. o Right-in only and right-in/right-out turning movements to Volcano Highway from Lots A and B, respectively, are proposed to be provided. These intersections are subject to the approval of the State Department of Transportation. W. H. Shipman County Envvonmental Report September 27, 1999 Page No. 10 Based on the above findings and recommendations, the TIAR provided the following conclusion: The traffic generated by the development of lncrement 1 of Area D (project areal is not expected to affect the overa//Leve/ of Service of the planned intersection of Volcano Highway and the Keaau Bypass. Tab/e 2 summarizes the Leve/ of Service analysis for the intersections within the study area. Table 2. Summary of Capacity Analysis Volcano Highway Intersection Scenario Attt Peak Hour PM Peak Hour LOS V/C LOS V/C Existing (1998) N/A N!A N/A N/A Keaau Bypass/Road A Without Project (2008) C 0.91 B 0.61 With Project (2008) C 0.98 B 0.68 The proposed Road A is expected to provide access for up to 30t acres of retail and mixed commercial/industrial uses through the year 2008. Wiih the imp/ementation of the recommended traffic improvements discussed herein, the deve/opment of lncrement 1 of Area D of the W. H. Shipman Keaau Master Plan is not expected to have a significant impact on traffic operations in the study area. i. Proposed on and off-site infrastructure: All necessary water, electrical, telephone and waste water disposal service are or will be available to the project area. There are existing electrical and telephone lines along Volcano Highway, fronting the project area. Water service is available from an existing 16-inch water line in Volcano Highway or a 16-inch line in the adjacent Shipman Business Park. Road A will be developed through the project area to provide access to the proposed shopping center and commercial/light industrial mixed use areas. This road will be developed in accordance with the standards and requirements of the Department of Public Works. Shipman will provide improvements to the Volcano Highway-Keaau Bypass intersection in accordance with the recommendations of the TZAR. DOT has agreed to allow these improvements provided that Shipman pay for the additional design and construction costs.. Shipman has coordinated with the DOT and the highway design engineers for the Keaau Bypass to ensure that all W. H. Shipman County Environmental Report September 27, 1999 Page No. 11 future public highway improvements associated with the project can be installed without interrupting traffic. Those few improvements that would have disrupted traffic have already been or are in the process of being constructed as part of the Keaau Bypass improvements As part of the State land Use Commission's approval of the reclassification of the project area from Agricultural to Urban, as Condition No. 9, Shipman was required to "participate in funding and construction of local and regional transportation improvements as determined by DOT and the County." In compliance with this requirement, Shipman provided appYOximately 50 acres of land to the DOT at no cost for right-of-way for the Keaau Bypass. Attached is the letter dated, November 25, 1997, from DOT acknowledging that Shipman has satisfied this condition of approval. B. Conformance with State/County Plans 2. State Land Use designation: The project area is within the State Land Use Urban District. This area is a xtion of the 660 acres of land that were reclassified from Agricultural to Urban by the SLUC on July 18, 1994 pursuant to Docket No. BR93-699. This reclassification was initiated by the Office of State Planning as part it implementation of the final State Land Use District Boundary Review, Hawaii 's Boundary Review (19921. (Refer to Figure No. 2.1 3. Applicable Goafs, Policies and Objectives of the General Plan The General Plan for the County of Hawaii is a policy document expressing the broad goals, policies and objectives for the long-range development of the Island of Hawaii. The plan was adopted by ordinance in 1989. The goals, policies, and courses of action include the following: Economic Element o Provide residents with opportunities to improve their quality of life. o Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. o The County of Hawaii shall strive for diversity and stability in its economic system. W. H. Shipman County Environmental Repoli September 27, 1999 Page No. 12 o 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. o The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. Discussion: The proposed change of zone would provide opportunities for existing and new businesses to be established in an area that is well served by existing infrastructure and conveniently located with respect to transportation systems. The development of this area as a regional center serving the greater Puna region will provide residents of the area with goods and services as well as create job opportunities that are now available in the City of Hilo. This will in turn enhance the quality of life of these residents by reducing travel times. This will also help Puna to become more self sufficient in terms of providing goods and services and jobs within the District. Land Use Element o Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. o 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. o Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. o The County shall encourage the development and maintenance of communities meeting the needs of residents in balance with the physical and social environment. o Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access and public need. W. H. Shipman County Envvonmental Repoli September 27, 1999 Page No. 13 Land Use Element -Commercial o Provide for commercial developments that maximize convenience to users. o Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. o Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. o Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. o The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. o Commercial development shall be located in areas adequately served by transportation, t: ;lines, and other amenities. Commercial developments shall provide for adequate internal circulation amongst commercial facilities in the area. o Off-street parking and loading facilities shall be provided. o Commercial development shall maintain or improve the quality of the present environment through the consideration of visual, access, landscaping, and other design elements in their development. o Preference shall be given to commercial lands with a reasonably level topography. ~ and Use Element -Industrial o Designate and allocate industrial areas in appropriate proportions and in keeping with the social, cultural, and physical environments of the County. W. H. Shipman County Envvomnental Report September 27, 1999 Page No. 14 o The County shall support the creation of industrial parks in appropriate locations as an alternative to strip development. o Industrial development shall be located in areas adequately served by transportation, utilities, and other amenities. o Through its zoning powers, the County shall locate industrial areas convenient to transportation facilities, and provide a variety of industrial zoned districts and lot sizes, depending on the needs of the industries and the communities. o Industrial development shall be located in areas adequately served by transportation, utilities, and other amenities. o Topography of industrial land shall be reasonably level. o Industrial development shall be conveniently located to its labor resource. o Buffer zones shall be established between industrial and adjacent non- compatible uses of land. Discussion: The project area is situated adjacent to the existing Shipman Business Park, which is zoned for industrial uses. It is also within an area identified as a "Regional Center" by Shipman's Conceptual Keaau Development Plan. As such, the proposed development will not have any conflicts with existing and futLre surrounding land uses. As previously noted, the project area is well served by existing infrastructure and roadway systems. The area is relatively level and there are no development constraints associated with these lands. The project area has been extensively disturbed by prior sugar cultivation activities. There are no important native habitat nor any endangered species of plants or animals associated with this area. Likewise, there are no historic resources within the project area. W. H. Shipman County Environmental Repoli September 27, 1999 Page No. 15 Puna District -Courses of Action o Expanded commercial services to meet the needs of population growth in the Puna district shall be encouraged in the area of Keaau Discussion: The proposed development is intended to provide commercial services that will address the existing and future needs of the Puna residents. The project area is within the portions of Keaau that have been identified for Urban Expansion and are conveniently located along the junction of the Volcano Highway serving the upper Puna residents and the Keaau Bypass, which accesses the lower Puna area. 4. General Plan Designation The Land Use Pattern Allocation Guide (LUPAG) map component of the General Plan is a graphic representation of the Plan's goals, policies, and standards as well as of the physical relationship between land uses. It also establishes the basic urban and non-urban form. The project area is within lands designated as an "Urban Expansion Area" by the LUPAG map (Refer to Figure No. 31. According to the General Plan, "Urban Expansion Area": Allows for a mix of high density, medium density, low density, industrial and/or open designates in areas where new settlements may be desirab/e, but where the specific settlement pattern and mix of uses have not yet been determined. The proposed Industrial-Commercial Mixed Use zoned district is consistent with this land use designation. 5. Zoning The current zoning for the project area is Agricultural-20 acre IA-20a). 6. Community Development Plan The County of Hawaii has not adopted a Community Development Plan for the Puna District. 7. Special Management Area The project area is not within the County's Special Management Area which was established pursuant to Chapter 205A, Hawaii Revised Standards. W. H. Sltipman Comty Envvonmenfal Report September 27, 1999 Page No. 18 C. Physical Characteristics and Environmental Setting 8. Description of Property a. Location The project area is situated along the west side of the Volcano Highway, between the Shipman Business Park and Keaau-Pahoa Road intersection and immediately mauka (west) of the Volcano Highway-Keaau Bypass intersection, Keaau, Puna, Hawaii Island, TMK: 1-6-03: portion of 7. b. Climate Rainfall maps show that the project area averages approximately 150 inches of rain annually. The wettest months are between November and April. The Keaau area has a similar but slightly cooler temperature regimes than Hilo because of the marginally higher altitude. Average daily maxima are approximately 80 degrees and minima near 65 degrees year round. Temperatures may occasionally reach as high as 90 degrees during usually still summer weather and as low as 52 degrees on winters nights. c. Topography The project area is in the physio-geographic region described by geologists as the Mauna Loa Undissected Upland (University of Hawaii-Manoa Dept. of Geography 1983:37) Such areas are characterized by geologically recent lava flows mantled thinly with soil, sloping terrain, few established drainage channels and only minor topographic features. d. Slope Elevations of the project area range between 280 and 320 feet above sea level. Slopes within the project area range between 0 to a maximum of approximately ten percent 110%?. The average slope of the project area is approximately three percent 13°~?. e. Soils The soils of the project area vary with the age of the geologic substrate. The older soils are derived from volcanic ash atop or interbedded with lava. These W. H. Shipman County Environmental Repoli September 27, 1999 Page No. 17 soils include the Olaa (OID) and Panaewa IPeC) soils. The younger soils were developed in a' a lava and are of the Keaukaha class (rKFD). The Olaa soils consist of well-drained silty clay loams typically 9-inches thick. The Panaewa soils are similar in properties but is dotted with rock outcrops. The Keaukaha series soils are young soils developed on lava flows. Soil permeability is rapid, runoff is medium and erosion hazard is slight. 9. Lava Hazard Zone The Unites States Geological Survey (USGS1 classifies hazard zones within the County of Hawaii on a scale of ascending risk 9 to 1. The project area is within Hazard Zone 3. Zone 3 is considered "less hazardous than zone 2 (which is adjacent to or downslope of active risk zones) because of greater distance from recently active vents and/or because the topography makes it less likely that flows will cover these areas (Heliker 1990:231." The setting in terms of lava flow hazards puts the project area among the lowest-risk development sites in Puna and equivalent to risks in the City of Hilo. 10. Distance from Coastline The project area is situated approximately four 14) miles from the coastline. Intervening land uses include the Mauna Loa Macadamia Orchard, residential areas, the former Puna Sugar Company mill site, and various agricultural and open space. 11. Agricultural Lands of Importance in the State of Hawaii (ALISH) A small portion of the project area (less than 5 acres) is classified as "Other Important Agricultural Land" by the State Department of Agriculture's ALISH system. The project area, including the portion of which is classified as "Other Important Agricultural Land" were formally in sugar cane production. A portion of these lands is currently planted with papaya on a short term agreement. The State Land Use Commission, in reclassifying these land to Urban, found that "the urbanization of the Property (660 acres, including the project area) will have no significant negative impact on the overall agricultural productivity of the Island of Hawaii and the State of Hawaii." (Finding of Fact 36, Docket No. BR93-699) W. H. Shipman County Envvonmental Report September 27, 1999 Page No. 18 12. U.S.D.A Natural Resources Conservation Service Report-Soil Type The U.S. D.A Natural Resources Conservation Service (formerly the Soil Conservation Servicel, in their report dated December 1973, classifies the soils of the project area as follows: o Olaa (OID) soils which are well drained silty clay loams. These soils are extremely stony, with a Soil Conservation Service ISCS1 capability subclass rating of VII which are soils with severe limitations and are considered unsuitable for cultivation. o Panaewa soils IPeC) are similar in properties with the Olaa soils, but are dotted with rock outcrops. Its SCS capability subclass rating is VI. o Keaukaha soils (rKFD) are young soils developed on lava. These soils are difficult to cultivate and bear an SCS capability subclass rating of VII. 13. Land Study Bureau Soil Rating The "Detailed Land Classification-Island of Hawaii," published by the Land Study Bureau in November 1965, classified all the land on the Island of Hawaii into one of five master productivity ratings based on soil characteristics, slope, rainfall, and miscellaneous site conditions. The ratings range from "A" (very good) to "E," (very poor). Land in the project area carries productivity ratings of D (poor) and E (very poor. 14. Flood Insurance Rate Map Designation The project area has not been mapped in detail on a Flood Insurance Rate Map (FIRM1, but is designated as flood hazard zone "X." This identifies areas of moderate to minimal flood hazard, i.e., outside the 100-year to 500-year flood plain. 15. Existing Drainage Ways or Improvements A drainage study for the Keaau Bypass Improvements has been prepared by the State DOT. This study identified a drainage way within the project area. Drainage improvements are being provided as part of the Keaau Bypass project to accommodate this drainage way. W. H. Shipman County Environmental Report September 27, 1999 Page No. 19 The proposed on-site infrastructure incorporates drywells and catch basins within drywells to collect and retain storm water from the site within each development area. All applicable laws and regulations relating to drainage improvements will be complied with. 16. Air/Noise/Water nuality a. Air Quality The existing air pollution in the Keaau area is usually minimal. Natural particulate sources such as ocean spray, pollen-producing plants and dust combine with human derived pollution from automobiles, industry (including power generation) and agriculture. The chief source of pollution, however, is Kilauea Volcano, whose emissions are blown northwest due to occasional southerly winds. Development of the project area may result in some impacts to air quality. The short-term impacts will include fugitive dust and exhaust emissions produced by construction equipment and vehicles. Long-term impacts may occur from the urbanization of the area and surrounding lands, including increased vehicular exhaust and emissions from homes, business and industries as well as indirect sources such as increased electrical power uses. However, because of the prevailing trade winds, these impacts are not expected to be significant. b. Noise Ambient noise in the project area is very low except for the corridor adjacent to Volcano Highway. In these areas, noise levels may exceed U.S. Department of Housing and Urban Development guidelines for residential uses. Short-term noise impacts will be generated during the construction phase. Long term impacts will occur from the increased vehicular traffic along Volcano Highway and the proposed Road A. However, the proposed industrial and commercial mixed use zoning will not result in any noise-sensitive uses, such as residences or churches. c. Water nuality The project area, along with the much larger area of Puna and Hilo districts, rests atop a significant groundwater body that is designated as the "Keaau Aquifer System." This aquifer, which consists primarily of fresh basal water W. H. Shipman County Environmental Report September 27, 1999 Page No. 20 overlying saline groundwater, is thought to be capable of producing 393 million gallons per day (gpd) of sustainable yields. The Department of Water Supply (DWS) operates three wells near the project area. According to DWS records, groundwater monitoring in these wells consistently registers contaminants at far lower concentrations than permissible levels. The establishment and operation of the adjacent Shipman Business Park have not resulted in any adverse impact on these groundwater resources. No adverse effects on surface water quality are expected given the distance of the site to the shore and measures that will be taken to prevent runoff. 17. Historic Resources The project area was formally in sugar cane production except for a small remnant forest area. This forest area was the subject of an intensive reconnaissance survey. In a letter dated June 16, 1999, the State Department of Land and Natural Resources (DLNR) Historic Preservation Division (SHPD) concluded: We believe that an adequate survey was comp/eted of the subject parce% with no significant historic sites present in the parce% We concur with your (Paul H. Rosendah/, Ph.D., lnc.l assessment that the proposed development will have "no effect" on significant historic sites, and that no additional archaeological work is necessary. 18. Flora and Fauna In July 1992, Grant Gerrish, Ph.D. prepared the "Flora and Fauna Report - Shipman Master Plan," which provided an assessment of the biological resources of the project area. The report noted that the project area has been extensively disturbed by sugar cultivation. These abandoned sugar cane fields have developed unmanaged secondary growth vegetation made up' of nearly entirely alien species. No rare or endangered plants were found. No endangered animals were found during the survey, although there is some chance that the endangered Hawaiian hawk or ' io may nest within or near the project area. The DLNR Division of Forestry and Wildlife (DOFAW) reviewed Flora and Fauna Report and commented as follows: W. H. Shipman County Environmental Repoli September 27, 1999 Page No. 21 The Division of Forestry and Wildlife has reviewed the results of your flora and fauna study. Based on these results and our knowledge of the area, we conclude that vegetation at the project site /660 acres, including the project areal does not require protection other than standard procedures consistent with good soil and water conservation practices. According/y, no mitigation measures are needed for these resources. Wifh respect to wildlife, the Hawaiian hawk or 'io is the on/y endangered species likely to be encountered at the project site (660 acres, including the project areal. The following mitigation measures are proposed if any nesting hawks are encountered during c/earing or construction phases of the project. Birds often become aggressive towards humans when their nesting territory is approached. if an aggressive 'io is encountered during construction activity, work shall immediately cease at that site and the U. S. Fish and Wildlife Service (USFWSI and state Division of Forestry and Wildlife (DOFAWI shall be immediately notified. if an active hawk nest is detected, construction activity sha/l also be ha/ted in the immediate vicinity (500 metersl of the nest until appropriate mitigation measures can be imp/emented, as approved by USFWS and DOFAW. Shipman agrees to comply with these recommended mitigation measures. 19. Scenic or Coastal Resources The gently sloping terrain of the Keaau area leads to generally subtle views from and toward the project area. The absence of topographical barriers allows vistas of Mauna Kea, Mauna Loa and the ocean form the project area. As a result of this terrain, there are no significant natural features on this site. Furthermore, no examples of natural scenic beauty as identified in the Hawaii County General Plan are present in or surrounding the project area. No scenic views will be impacted by the requested action. Development of the project area may take advantage of the vistas that are present. 20. Social Settlement Pattern for the Area The resident population of the Puna District was 20,781 according to the 1990 census. However, the Puna Community Development Plan Technical Reference Report (CMA 1992:62) concluded that the official census figures W. H. Shipman County Environmental Report September 27, 1999 Page No. 22 may underestimate the actual number of inhabitants in Puna. The population projections for the County of Hawaii and the Puna District are as follows: Population Growth in Hawaii County and the Puna District y~ Pttna Hawaii Cotmty 1960 5030 61,332 1970 5,154 63,460 1980 11,751 92,053 1990 29,131 120,317 2010 N!A 197,700* 2020 37,400* 209,500* * Hawaii Loog Range Land Transportation Plan (DOT. 1998) projections The Puna District is and continues to be one of the fastest growing regions in the County and the State of Hawaii. Its population increased more than 128 percent between 1970 and 1980 and then grew 76.1 percent between 1980 and 1990. The population is anticipated to grow by an additional 80°r6 through 2020. The anticipated growth of the district will result in an increase of the population base that will attract retailers and service provides to this area. In addition, there is a lack of urban zoned lands in the Puna District. Without a centralized urban core, the district experiences scattered services, facilities and job opportunities. As a consequence, the district is poorly served by government, medical and shopping facilities, as well as employment centers, forcing residents to drive to Hilo for these opportunities. This results not only in poor access to services for Puna residents, but adds to the congestion of existing transportation systems. The proposed change of zone will add to the establishment of a regional center serving the needs of greater Puna. The project area is strategically located at the crossroads of the district, which already serves as the educational and recreational center of the region. In addition, the Shipman Business Park provides the largest employment center in the region. W. H. Shipman County Endvonmenial Repoli September 27, 1999 Page No. 23 21. Economic Resources of the Area The economy of the South Hilo and Puna Districts still benefits greatly from agriculture, despite the demise of the sugar industry. Diversified agriculture, which includes macadamia nuts, papayas, and flowers and nursery products, has steadily expanded. Population increases in Puna have engendered growth in retail and services businesses (although many of these are located in Hilo, providing valuable support to the diversified agricultural activities of the District. The opening of the Shipman Business Park in 1988 further diversified the employment opportunities in manufacturing, warehousing and other industrial based activities. The Hawaii County General Plan recognizes the need to expand services and facilities in the district to better serve its residents. In this regard, the Courses of Action for the Puna District include: Expanded commercial services to meet the needs of population growth in the Puna district shall be encouraged in the area of Keaau. The proposed mixed use commercial/industrial use of the project area will contribute toward and reinforce the establishment of a regional center in this area, serving the needs of the residents of Puna. 22. Land Values The project area is part of a larger, agriculturally zoned parcel. According to recent Real Property Assessment records, this area is valued at around S1,800 per acre. Land values of the project area, once it is rezoned, are assumed to be in the order of magnitude of similar neighboring lands zoned for industrial and/or commercial uses. Recent sales in the Shipman Business Park have been in the range of S5.00 to 56.00 per square foot, depending on the lot size. 23. Surrounding Land Uses The existing land uses for surrounding parcels include the following: 1. Shipman Business Park: The business park, which is immediately to the north of the project area, totals 488 acres. This area was reclassified from Agricultural to Urban in 1985 and zoned for industrial W. H. Shipman County Environmental Report September 27, ] 999 Page No. 24 uses in 1986. Tenants within the park include contractors, base yards, wholesale and distribution operations. 2. Keaau Village: The Keaau Village, which is approximately 4,000 feet to the south of the project area, contains approximately 200 residential lots ranging is size form 10,000 to 15,000 square feet. In addition, the 56,000 square foot Keaau Town Center is the major commercial center in the region. There is a number of small retail and services business and churches in this Village. The village serves as the government service center for the region with police and fire stations as well as an elementary, intermediate and high school. 3. Shipman Park. This 12-acre park site is situated on the west side of Volcano Highway, approximately 3,000 feet from the project area. This park addresses some of the recreational needs of the district. 4. Old Puna Sugar Company Mill Site. The Mill Site, which is on the east side of Keaau Bypass, approximately 4,000 feet from the project area, includes a number industrial and related activities, including a HELCO power plant and several small agricultural facilities that were permitted under Special Permits. In addition, an approximately 15-acre parcel near the old Mill Site has been rezoned for Industrial-Commercial (MCX) uses. 5. Miscellaneous Agricultural and Vacant Areas: The areas immediately to the east of the project area are either vacant or in short term agricultural leases. These areas are part of the Keaau Master Plan area and are intended for urban development in the future, to addition, the 2,500 acre Mauna Loa Macadamia Nut Orchard is situated on the east side of Volcano Highway. The areas adjacent to the orchard are leased by Shipman for various agricultural activities including orchards, nursery crops, papaya, and cattle grazing. 24. Surrounding Zoning The surrounding zoning includes A-20a to the south and west o the project area. The Shipman Business Park, which is zoned for Heavy Industrial (MG- 20) is to the north. The areas to the east of the project area, across the Volcano Highway include Residential and Agricultural (A-20a and A-5a) zoning. W. H. Shipman County Environmental Report September 27, 1999 Page No. 25 D. Public Facilities and Services 25. Description of Access Access to the project area will be from "Road A" which will intersect with Volcano Highway directly across from the proposed Keaau Bypass intersection. In addition, Shipman is working with DOT to allow driveway accesses within proposed Lots B and C. This accesses would allow right-in and right-out movements only and would allow customers and deliveries to utilize the interior roadway network to avoid the Volcano Highway-Keaau Bypass intersection. In order to minimize construction impacts on the Keaau Bypass intersection, Shipman has reached agreement to install necessary improvements to the intersection to allow future connection of Road A with minimal disruption. Shipman has agreed to pay for these improvements so there is no additional cost to the State DOT in its construction of the Bypass. 26. Availability of Water Water is available to the project area from existing 16-inch water lines within Volcano Highway and Kipimana Street in the Shipman Business Park. Should the Kipimana Street waterline be used, an easement through an existing lot will have to be secured by Shipman. 27. Sewage Disposal Wastewater generated from the development will be treated in an on-site sewage treatment facility (STP1. All requirements of the State Department of Health regarding the construction and operation ~ this STP will be complied with. 28. Solid Waste Solid waste generated from the project will be taken to the Hilo Landfill or alternative landfill site as required by the County. 29. Police and Fire Protection There is a police department substation in Keaau Village. Immediately adjacent to the substation is the fire station serving the greater Keaau area. W. H. Shipman County Envvonmental Repoli September 27, 1999 Page No. 26 These facilities are situated approximately 4,000 feet to the south of the project area along Volcano Highway. 30. Schools The proposed development of the project area is not anticipated to generate any impacts on the existing schools in the Keaau area. 31. Parks The proposed development of the project area is not anticipated to have any significant impact on the existing parks in the Keaau area. 32. Other Utilities and Services (telephone/electricity) Electrical, telephone and cable television service is available to the project area from existing lines along Volcano Highway. Shipman will work with HELCO to ensure adequate distribution capacity is available from the existing substations. E. Environmental Assessment and Analysis 33. Relationship between Local Short Term Uses of Environment and Maintenance of Long Term Productivity Approval of the change of zone and subsequent development of project area will reduce further options for the future use of the property. The project will alter the existing open character of the site, although there is minimal integrity of the native vegetation. t Benefits of the development include increased access to commercial retail and industrial services for residents, new or enhanced employment opportunities E and the further establishment of a regional center serving the Puna District, € reducing congestion along the regional road network. 34. Mitigative Measures Proposed to Avoid, Minimize, Rectify or Reduce Impacts. Mitigative measures to address increased traffic volumes due to the proposed project have been described earlier and include additional turning and W. H. Shipman Cow[y Environmental Report September 27, 1999 Page No. 27 deceleration lanes at the Road A intersection with Volcano Highway and right- in/right-out driveways to the north and south of this intersection. Mitigation of construction impacts, including noise and dust will be included within future construction plans and specifications to relevant State and County requirements. Similarly, erosion and drainage control measures will be provided as part of these plans and specifications in accordance with all applicable regulations. In order to avoid possible impacts to nesting. ' io, appropriate measures will be included as part of the construction plans and specifications. These measures have been described earlier and include searching for nesting 'io prior to the commencement of construction. In addition, Shipman is committed to complying with all applicable statutes, ordinances, and regulations relating to the development of the project area. 35. Alternatives to the Proposed Development a. Proposed Action In proposing the commercial/industrial mixed use for the site, Shipman took into consideration the County's General Plan which establishes the project area and surrounding lands mauka (west) of Volcano Highway as an "Urban Expansion Area" as well as the stated Course of Action that "expanded commercial services to meet the needs of population growth in the Puna district shall be encouraged in the area of Keaau." The Keaau Master Plan, prepared by Shipman in 1994, identifies the project area as part of the "Regional Center" providing services and facilities to meet the needs to the greater Puna region. This Center is anchored by the Shipman Business Park on the north and the County Department of Parks and Recreation's Shipman Park on the south. The project area is situated at the crossroad of Puna, at the confluence of the two major highways serving upper Puna (Volcano Highway) and lower Puna (Keaau Bypass and Keaau-Pahoa Roadl• Accordingly, the project area provides a centralized location best able to serve the needs of the Puna District. This area is well served by existing utilities and facilities. The necessary electrical, telephone and water lines are available in the Volcano Highway W. H. Shipman County Envvonmental Repoli September 27, 1999 Page No. 28 right-of-way fronting the site. In addition, police, fire and government services are available in Keaau Village. b. No Action Alternative The "No Action" alternative would retain the present status of the site. Approximately 20 acres of the project area is currently being used for the cultivation of papaya on a short term lease. This lease terminates in June 2000. The balance of the site is presently vacant of any use and is overgrown with alien plants and trees. The "No Action" alternative will also likely result in the need for residents of Puna to continue commuting long distances for good and services that can be provided at the project area. This will continue to add to the congestion of the highway system between Puna and Hilo. c. Alternative Developments Shipman considered the possibility of other uses of the site, including residential, as well as other commercial/industrial development scenarios. While residential development may be feasible, based on the existing utilities and infrastructure, the gentle slopes of the site, and the proximity to existing services and schools, there are a number of constraints that render this site less desirable for residential uses. The project area is situated along a major highway with significant noise levels and would require large setbacks or expensive noise mitigation features, such as walls. In addition, the project area is next to an existing industrial area. This will create the potential of conflicts between residential and already permitted industrial uses. Shipman has also considered other commercial and industrial development options for the project area. These include selling or leasing lots for development by end users, large "box" users, or development of small "build- to-suit" commercial and/or industrial buildings. These uses are all consistent with the proposed Industrial/Commercial Mix Use zoning, which provides flexibility in the development options for this area. Ultimately, market demand for these sites will determine the final development scenario and use of the project area. W. H. Shipman County EnJvonmental Report September 27, 1999 Page No. 29 36. Irreversible and Irretrievable Commitments of Natural Resources The development of the project area as shopping center/business park will result in a transformation from the open/vegetated character of the area. However, the native vegetation has already been extirpated by the cultivation of sugar on these lands. Major resource commitments include the land on which the proposed project is located and the money, construction materials, manpower and energy required for the project's completion. The impacts represented by the commitment of these resources, however, should be weighted against the positive socioeconomic benefits that could be derived from the project versus the consequences of either taking no action or pursuing another less beneficial use of the property. F. Agency Comments 37. Documentation of Consultation with Agencies a. Department of Transportation b. DLNR-Historic Preservation Division c. DLNR-Division of Forestry and Wildlife W. H. Shipman Comty Environmental Report September 27, 1999 Page No. 30 .~-,LJw YB-N7 W~U~1J„ 8 F.{.K tlUY ,~qtl b6Pl. III,. 1VH ~tIl Y.Nd~ _ 1%; UUZ BENJAMIN J. GYETANO KAZU /NYA6WD4 00`s1EEIG1 a~ U4 , : - DIAEROi Df}UfV 01RER005 6R14N K. MIN/gl GIFNN Ml OKIMOi'O STATE OF HAWAII w aenr RereR ro OEPAFiTMEtiT OF TRANBPORTATION ea0 PUNCHBOWL STgEE7 HWY-PS HONOLULU, FIAWAII 9687a~5087 2.7263 NOV 2 6 1991 Mr, Robert Saunders, President w. H. Shipman L[d. P. O. Box 950 Kca'au, Hawaii 96749 Dear ivfr. Saunders: Subject: State Land Use Boundary Amendment, Docket No. BR93-699 TlvIIC: 1-6-03: por. 3, por. 7, por. 8, por. 11, por. 12, por, 13, por. 14, por. 15, por. 68, 76 and 84 This letter i9 to cIartfy the conditions specified for the subject application and to expedits the Kea'au-Pahoa Road. Kea'au Town Suction (Kea'au Bypass Road) construction project. 1. The State Land Use Commission's condition number 9 required the dedication of rights-oT=way and the participation in regional transportation improvements. We accept the donation of any and all W. Fi. Shipman-owned property that is needed for the Kea'au Bypass Road rights-of--way. We consider such donation as fulfilling the requirement for participating in regional transpoRatioa improvements. The Bypass Road will substantially improve regional traffic along both the Route 130 and Route I1 wrridors, by opening the bottleneck at Kea'au town. 2, State Land Use Cotrunissions condition numbers 9 and 10 also required monitoring of traffic Conditions and preperadon of a ttaSc impact nnalysis report. We have previously studied this area for the planning and design of the Kea'su $ypass Road. We agree to defer these requirements until such time as W. H. Shipman submits any subsequent zoning, subdivision, or permit application for these properties. 3. This agreement applies solely to the conditions Sec forth in the subject state land use boundary amendment. We retain the right to renew, comment, and plane conditions on any subsequent zoning, subdivision, or permit application for these properties; excepting that no further requirements for participation in regional transportation improvements shall bo imposed. .6i 97 1YED 1:28 F.aY 408 f 522 WH SHIPS1d5 007 +-20-9? r~cD 2~!3 H'A'1 .:~N[NG BRaN~3 d,1% H0. ~ ~?g7 Mr. Robert Saunders HWY-PS 2.7263 Page 2 NOV 2 6 1997 4. This agreement is subject to W. H. Shipman, Ltd. granting aright-of--entry to us and to our contractor for timely construction of the Kea'au Bypass Road We hope this clarifies our position on the state Jared use boundary amendment conditions. Should you have any questions, please call Acting I3awau District Engineer Stanley Tamura at telephone number 933-8866. Very truly yours, 5~A Director of Transportation .wa ~ %..G G.~~R ~ 1 Bf NIAMiH J. CAY ETµO / l~[I UOVER"OR OF HAWyi [I ~ TIMpTHY L :O wMf, CHyRpggOq ` BOµO Of LAND µ0 4A TURA7 R[50 SRC ES Of?VTIFS ~~~y ' ~ IµET E, KAWEIO STATE OF HAWAII AQUATIC RESOURCES 90ATw0 µ0 OCFAH RECREA iiprv DEPARTMENT OF LAND ANO NATURAL AESCURCES ao"sERVAnaH AwD Rf sO UFCfs ENi CRCEM f.4T HISTORIC PAESERVA iION OIV ISION COHVEVAHC ES FORr STRV µ0 WILDLIFE K ~tuM1~Mw• Building, Raam 555 w19TONC iR 901 KimoblA gcwbwe ESER VATICN [udw, 'w [wn G6)0I LANp STA!E i.U:KS W Ai ER RESC CRCE MµAGEM EM1' June 16, 1999 Robert B. Rechtman, Ph.D. LOG NO 2360 Paul H. Rosendahl, Ph.D., Inc. DOC ~;O S905A:S01 204 Waianuenue Avenue Hilo, Hawaii 96720 Dear Dr. Rechtman: SUBJECT: Review of Archaeological Field Inspection, 30 Acre Development Parcel (No. 1942-032499) Keaau, Puna, Hawaii Island TMK: (3)1-6-03: Por. 12 Thank you for the opportunity to review this report of an archaeological field inspection of a 30 acre parcel in Keaau. Based on an aerial photo included in the report the majority of the project area was previously under sugarcane cultivation. However, a small remnant of native forest was present in the property which was subject to an intensive reconnaissance. We believe that an adequate survey was completed of the subject parcel, with no significant historic sites present in the parcel. We concur with your assessment that the proposed development will have "no effect" on significant historic sites, and that no additional archaeological work is necessary. If you have further questions please call Pat McCoy at 692-8029 (Honolulu), or Marc Smith at 933-0482 (Hilo). Aloha, i ON HIBBARD, Administrator State Historic Preservation Division r MS:Im ~t -~r, 1 STATE OF HAWAII DEPARTMENT OF LAND AHD NATURAL RESOURCES DIVISION OF FORE STRV AND WILDLIFE F.O. BOX %d%9 Milo. HAWAII pE]40 lsayl 91.4341 FA% laaalyn..449 February 23,1999 Mr. William L. Moore Planning l59 Halai Street Hilo, Hawaii 96720 Dear Bill: Subject: W.H. Shipman State Land use Commission Docket No. BR93-699 We are responding to your letter of February 10, 1999, and your request for review and approval of the "Flora and Fauna Report -Shipman Lands, Keaau, Hawaii", dated July 21, 1992. Condition No. 8 of the State Land Use Commission (SLUG) Docket No. BR93-699, which approved the reclassification of Shipman lands at Keaau, specified that the Department of Land and Natural Resources must approve the flora and fauna plan prior [o the developer and /or landowner applying for county zoning, or prior to the developer and/or landowner applying for county building permits if county rezoning is not required. The Division of Forestry and Wildlife Itas reviewed results of your flora altd fauna survey. Based on these results and our knowledge of the area, we conclude that vegetation at the project site does not require protection other than standard procedures consistent with good soil and water conservation practices. Accordingly, Ito mitigation measures are needed for these resources. With respect to wildlife, the Hawaii hawk or'io is the only endangered species likely to be encountered at the project site. The fallowing mitigation measures are proposed if any nesting hawks are encountered during clearing or construction phases of the project: Birds often become aggressive toward humans when their nesting territory is approached. If an aggressive ' io is encountered during construction activity, work shall immediately cease at that site and the U.S. Fish and Wildlife Service (USFWS) and state Division of Forestry and Wildlife (DOFAW) shall be immediately notified. If an active hawk nest is detected, construction activity shall also be halted in the immediate vicinity (500 meters) of the nest until appropriate mitigation measures can be implemented, as approved by the USFWS and DOFA~V. The Division of Forestry and Wildlife finds [ha[ the mitigation measures outlined above are in compliance with Condition No. 8 of SLUG Docket No. BR93-699. If you have any questions or require further information on this matter, please feel free to contact me at 974-4221. I Sincerely, . JO G. GIFFIN F wail Branch Manger cc: Michael Buck, Administrator County Environmental Report W. H. Shipman Limited Change of Zone Application A-20a to MCX-20 Tax Map Key: 1-6-03: Portion of 7 Appendix A TRAFFIC IMPACT ANALYSIS REPORT FOR THE PROPOSED W. H. SHIPMAN KEAAU MASTER PLAN INCREMENT 1 OF AREA D PREPARED FOR W. H. SHIPMAN, LTD. PREPARED BY TMC THE TRAFFIC MANAGEMENT CONSULTANT TRAFFIC IMPACT ANALYSIS REPORT FOR THE PROPOSED W. H. SHIPMAN KEAAU MASTER PLAN INCREMENT 1 OF AREA D PREPARED FOR W. H. SHIPMAN, LTD. SEPTEMBER 17, 1999 OpyL S. O~ ~ ~'E` I ED ~G P O L Na 4922-C ygwAll,~sa PREPARED BY TMC - ~ THE TRAFFIC MANAGEMENT CONSULTANT _ _ . RANDALL S. OKANEKU, P.E., P.T.O.E., PRINCIPAL 1188 BISHOP STREET, SUITE 1907 HONOLULU, HI 96813 Table of Contents Page Executive Summary I. Introduction 1 A. Purpose of the Study 1 B. Scope of the Study 1 C. Project Description 2 II. Existing Conditions 2 A. Area Roadway System 2 B. Existing Traffic Volumes and Operating Conditions 6 1. General 6 a. Field Investigation 6 b. Capacity Analysis Methodology 6 2. Existing AM Peak Hour Traffic Analysis 7 3. Existing PM Peak Hour Traffic Analysis 7 C. Trip Generation 9 1. Trip Generation Methodology 9 2. Trip Generation Characteristics 9 D. External Traffic 10 E. Anticipated Future Development 10 1. Shipman Properties in Keaau 10 2. Other Developments I1 F. Traffic Assignment 11 Table of Contents (cont'd.) Page III. Year 2008 Traffic Conditions Without Project 11 A. Year 2008 AM Peak Hour Traffic Analysis Without Project 11 B. Year 2008 PM Peak Hour Traffic Analysis Without Project 14 IV. Traffic Impact Analysis 14 A. Traffic Improvements With Project 14 B. AM Peak Hour Traffic With Project 16 C. Year 2008 PM Peak Hour Traffic Analysis With Project 16 V. Recommendations I8 A. Traffic Improvements Proposed With Project 18 B. Future Roadway Improvements 18 VL Conclusions 19 List of Figures Page Figure 1. Location Map 3 Figure 2. Site Plan 4 Figure 3. Volcano Highway - Keaau Bypass Intersection 5 Figure 4. Existing Peak Hour Traffic Analysis 8 Figure 5. AM Peak Hour Traffic Assignment Without Project 12 Figure 6. PM Peak Hour Traffic Assignment Without Project 13 Figure 7. 2008 Peak Hour Traffic Analysis Without Project 15 Figure 8. 2008 Peak Hour Traffic Analysis With Project 17 TRAFFIC IMPACT ANALYSIS REPORT W. H. SHIPMAN KEAAU MASTER PLAN INCREMENT 1 OF AREA D EXECUTIVE SUMMARY Area D is the commerciaUlight industrial component of the proposed W. FI. Shipman Keaau Master Plan, located on the west side of Volcano Highway between Keaau Town and the Shipman Business Park. The 30~ acre Increment 1 of Area D, fronting Volcano Highway, is proposed to be developed into three parcels by the Year 2008: Parcel A would contain Road A, which would provide access to the proposed project from Volcano Highway, opposite the future Keaau Bypass; a shopping center with 118,000 square feet of gross floor area would be developed on Parcel B; and Parcel C would be developed into a ten (10) acre business park, containing commercial and light industrial uses. The following traffic improvements are proposed at the intersection of Volcano Highway and the Keaau Bypass/Road A to provide access to Area D. ° An exclusive right turn lane should be provided on southbound Volcano Highway to the proposed Road A. ° An exclusive left turn lane should be provided on northbound Volcano Highway to the proposed Road A. ° The Keaau Bypass should provide athrough-only lane to Road A. ° Road A should provide separate left turn, through, and right turn lanes at Volcano Highway. The four-lane Volcano Highway, north of the Keaau Bypass intersection is expected to operate at near capacity conditions without and with the project. The "Island of Hawaii Long Range Land Transportation Plan", prepared by the State of Hawaii Department of Transportation in cooperation with the County of Hawaii Departments of Public Works and Planning, recommended that Volcano Highway should be widened from four lanes to six lanes between Keaau Town and Makalika Street. W. H. Shipman Keaau blaster Plan Increment 1 of Area D Executive Summary The traffic generated by the development of Increment 1 of Area D is not expected to affect the overall Level of Service of the planned intersection of Volcano Highway and the Keaau Bypass. The following table summarizes the capacity analysis for the intersection. Summary of Capacity Analysis Volcano Highway and Keaau Bypass/Road A AM Peak Hour PM Peak Hour Scenario LOS V/C LOS V/C Existing (1998) N/A N/A N/A N/A Without Project (2008) C 0.91 B 0.61 With Project (2008) C 0.98 B 0.68 The proposed Road A is expected to provide access for up to 30t acres of retail and mixed commercial/industrial uses through the Year 2008. With the implementation of the recommended traffic improvements discussed in this report, the development of Increment 1 of Area D of the W. H. Shipman Keaau Master Plan is not expected to have a significant impact on traffic operations at the intersection of Volcano Highway and the Keaau Bypass. TRAFFIC IMPACT ANALYSIS REPORT FOR THE PROPOSED W. H. SHIPMAN KEAAU MASTER PLAN INCREMENT 1 OF AREA D I. Introduction A. Purpose of the Study The purpose of this study is to analyze the traffic impacts resulting from the proposed development of Increment 1 of Area D, which is the northern part the W. H. Shipman Keaau Master Plan. The study recommends improvements that would mitigate the traffic impacts, identified in this analysis. This report presents the findings and recommendations of the study. B. Scope of the Study The scope of this study includes: 1. Description of the proposed project. 2. Evaluation of existing roadway and traffic conditions. 3. Estimation of future traffic resulting from the construction of planned roadway ~ improvements the area and regional development. 4. Assessment of future roadway and traffic conditions without the proposed project. 5. Development of trip generation characteristics of the proposed project. 6. The identification and analysis of traffic impacts resulting from the development of the proposed project. 7. Recommendation of improvements that would mitigate the traffic impacts, identified in this study. W. H. Shipman Keaau Master Plan Existing Conditions Increment 1 ofArea D C. Project Description Area D represents the commercial/light industrial component of W. H• Shipman Keaau Master Plan. The 109-acre Area D is located between Keaau Town and the Shipman Business Park, on the west side of Mamalahoa Highway (also known as the Hawaii Belt Road) -hereinafter referred to as Volcano Highway. Only Increment 1 of Area D is analyzed in this traffic impact analysis. The 30~ acre Increment 1 of Area D is identified as Tax Map Key 1-6-03: portion of 7. Figure 1 depicts the vicinity map. By the Year 2008, Increment 1 of Area D is expected to be developed as follows: ° Parcel A would contain Road A ° Parcel B would be developed into a shopping center with 118,000 square feet of retail floor area. Parcel C would be developed into a ten (10) acre business park (mixed commercial and light industrial uses). The site plan is illustrated on Figure 2. Access to the site is proposed via a new roadway (referred to as Road A), which would intersect Volcano Highway, opposite the future Keaau-Pahoa Road, Keaau Town Section -hereinafter referred to as the Keaau Bypass. osit~erthe depicts the proposed Road A intersection with Volcano Highway, opp Keaau Bypass. II. Existing Conditions A. Area Roadway System The State Department of Transportation (DOT) is constructing the Keaau Bypass, at this writing. The Keaau Bypass is intended to divert through traffic around Keaau Town, thereby avoiding the intersection of Volcano Highway and Keaau-Pahoa Road. The State DOT current design provides for double left turn lanes on southbound Volcano Highway at the Keaau Bypass. The Keaau Bypass also would provide double right turn lanes and an exclusive left turn lane at Volcano Highway. -z- TO ~HILO ~G~~$ 0~~~ 92 B~ ~Q ~ S ~a~`'Z ~ ~ S0 ~ P AREA D PROJECT _ LOCATION - e~ MILE CAMP KEAAU VILLAGE - PROPOSED KEAAU BYPASS 9 MILE CAMP KEAAU-PAHOA ROAD ~ ~ J ~ a TO VOLCANO KEAAU KEAAU HIG ELEMENTARY SCHOOL SCHOOL FIGURE 1 " LOCATION MAP PREPARED FOR THE TRAFFIC MANAGEMENT CONSULTANT u z~' d00°' PREPARED BY: OKAHARA & ASSOCIATES INC. -3- BSHIPMANOI REZagk-12/09/99 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT W. H. SHIPMAN, LTD. ('HANGE OF ZONE APPLICATION fREZ 99-0251 W. H. SHIPMAN, LTD. has submitted an application for a Change of Zone by changing the district classification from Agricultural (A-20a) to Industrial-Commercial Mixed (MCX-20) for approximately 32.03 acres of land. The project site is located adjacent on the Keaau Town side (south) of the Shipman Business Park and to the west of the Volcano Highway-Keaau Bypass intersection, Keaau, Puna, Hawaii, TMK: 1-6-3: Portion of 7. [:F.NE AL INFORMATION 1. Land Ownership: W. H. Shipman, Ltd. is the fee owner of the subject property. 2. State Land Use Boundary Amendment: The project area was included in a request by the Office of State Planning, to reclassify approximately 660 acres from Agricultural to Urban. The State Land Use Commission (LUC) approved the request on July 18, 1994 (Docket No. BR93-699). (See Exhibit A -Decision and Order) PROPOSED DF.VF.i,OPMENT 3. Request: The applicant is requesting to change the district classification from Agricultural (A-20a) to Industrial-Commercial Mixed (MCX-20) for approximately 32.03 acres of a 1,344± acre parcel. 4. Objectives: The applicant proposes to initially develop approximately 16± acres into a shopping center with up to 118,000 squaze feet of retail floor area on the northern half of the subject area. The balance of the project area is proposed to be developed as a mixed use commercial/light industrial area with approximately 100,000 to 125,000 square feet of floor area. Approximately two (2) acres of the project area will also be developed into a road that would extend the Keaau Bypass through the project area. This proposed road would be dedicated to the County upon completion. The proposed development would implement the Conceptual Keaau Development Plan that Shipman foresees for the area. The plan is intended, in part, to create a master plan a~mmunity to serve the needs of the Hilo and Puna region by providing employment and business c ~ q ICJ,: ! 1~~ opportunities, and by providing a focal point for services and facilities in Puna. The project area is being planned and developed to coordinate with the Keaau Bypass Road intersection. 5. Timeframe and Cost: Anticipated completion of development is approximately eight (8) years or by 2008 from the approval of the change of zone request. 6. Number of Employees and Clientele: Approximately 470 employment positions (based on a standard of 1 employee per 250 square feet of retail space) will he created. 7. Parking: Plans provide for approximately 1,000 parking spaces for the shopping center development, whereas the Zoning Code requirement is 1 stall per 300 square feet of retail area. Parking for the proposed mixed used commercial/industrial section of the property has not been determined at this time. 8. Traffic Impacts: A Traffic Impact Analysis Report (TIAR) for the project area was prepared by Randall Okaneku, P.E. of The Traffic Management Consultant, dated April 5, 1999. (Appendix A of Application) The Volcano Highway and Keaau Bypass intersection is presently in the process of being signalized. According to the application, Shipman is coordinating with the State Department of Transportation the proposed improvements and agrees to pay for the additional design and construction costs. The TIAR made the following fmdings and recommendations. A. Finding: The existing Volcano Highway and Keaau Bypass intersections are expected to operate at near capacity with or without the project. The Department of Transportation prepared a "Island of Hawaii Long Range Land Transportation Plan," which recommended that Volcano Highway be widened from four to six lanes between Keaau and Makalika Street and widened from two to four lanes between Keaau Town and Mountain View. B. Recommendations -Shipman proposes traffic improvements: 1) Provide an exclusive right turn lane on southbound Volcano Highway to the proposed Road A. 2) Provide an exclusive left turn lane on the northbound Volcano Highway to the proposed Road A. -2- 3) Provide athrough-only lane to Road A from Keaau Bypass. 4) Provide a separate left turn, through, and right turn lanes on Road A at Volcano Highway intersection. 5) Propose right-in only and right-in/right-out turning movements to the Volcano Highway from Lots A and B, subject to approval of the Department of Transportation. Note: See Figure 3, Page 5 of the TIAR in the application to assist in visualizing the proposed improvements. C. Traffc Study Conclusion: Traffic generated by proposed Increment I (Shopping Center) is not expected to affect the overall Level of Service for the Volcano Highway/Keaau Bypass intersection. The proposed Road A is expected to provide access for up to 30~ acres through the Year 2008. According to the Traffic Study, with implementation of the recommendations, the proposed plan is not expected to have a significant impact on traffic operations at the intersection of the Volcano Highway, the Keaau Bypass and Road A. 9. Supportive Information: The applicant has submitted the following in support of the request: (See Exhibit B -Change of Zone Application) STATE AND COU1yTY PLANS 10. SLU: Urban District. The subject project area was a portion of approximately 660 acres that was reclassified from Agricultural to Urban by the State Land Use Commission for the Office of State Planning on July 18, 1994 (Docket NO. BR93- 699). 11. General Plan Consistency: Economic, Land Use, Commercial and Industrial Elements goals, policies and courses of action for the Puna District. 12. General Plan Land Use Pattern Allocation Guide (LLJPAG) Map: The LUPAG Map designates the project area as Urban Expansion. This designation allows for a mix of high density, medium density, and low density urban development, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. High -3- Density allows uses relating to commercial, multiple residential and related services (general and office commercial; multiple residential - up to 87 units per acre). Medium Density allows uses relating to village and neighborhood commercial and residential and related functions (3-story commercial; residential - up to 35 units per acre). Low Density allows single family residential in character, ancillary community and public uses, and convenience type commercial uses. 13. Community Development Plan: Although a Draft Community Development Plan for the Puna District has been prepared, the County has not adopted the plan. 14. County Zoning: The property is currently zoned Agricultural (A-20a). 15. SMA: The property is not situated within the Special Management Area. DESCR_iPTION OF SUR.TFCT PROPERTY AND 4URROUNDING AREA 16. Property: The subject property has a total area of 1,344± acres and is irregular shaped. The property was formerly in sugar cane production. The 32±-acre project area is located adjacent to the existing Shipman Business Park and on the mauka side of the Volcano Highway. An approximately 20-acre portion of the project area is currently used for papaya cultivation on a short term lease, expiring June 2000. 17. Agricultural Lands of Importance to the State of Hawaii (ALISH) System: The project area is primarily "Unclassified" on the State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map. Only a small portion (less than 5 percent) is classified as "Other Important Agricultural Land." The remaining portion of the property is also designated "Unclassified" and "Other Important Agricultural Land." 18. Land Study Bureau's Detailed Land Classification System: Soils within the project area are classified as "D" or Poor. The remaining portion of the property are classified "D," "C" or Good, and "E" or Very Poor. 19. U.S. Soil Survey: The soils in the project area are classified as Keaukaha (rKFD), and Olaa (OID), along the Volcano Highway, and Panaewa (PeC), the remaining portion. Keaukaha soils consists of well-drained, thin organic soils overlying pahoehoe lava bedrock, extremely rocky muck, 6 to 20 percent slopes. The surface layer is very dark -4- brown muck about 8 inches thick. The soil above the lava is rapidly permeable. The pahoehoe lava is very slowly permeable, but water moves rapidly through the cracks. Runoff is medium, and the erosion hazard is slight. Some areas are used for pasture. Olaa soils consists of well-drained silty clay loams that formed in volcanic ash, extremely stony silty clay loam, 0 to 20 percent slopes. The surface layer is very dark brown extremely stony silty clay loam about 16 inches thick. The subsoil is dark-brown extremely stony silty clay loam about 9 inches thick. It is underlain by Aa lava. Permeability is rapid, runoff is slow, and the erosion hazard is slight. This soil is used for sugarcane. Panaewa soils consists of shallow, moderately well-drained silty clay loams that formed in volcanic ash, very rocky silty clay loam, 0 to 10 percent slopes. The surface layer is very dark brown silty clay loam about 12 inches thick. The subsoil is about 4 inches thick and consists of dark-brown very cobbly silty clay loam, mottled with yellowish red. It is underlain by pahoehoe lava bedrock. Permeability is rapid, runoff is slow, and the erosion hazard is slight. This soil is used for sugarcane, pasture, and woodland. 20. FIRM: The project area as well as the remaining property is located within Zone X, an area determined to be outside the 500-year flood plain. According to the application, a drainage study for the Keaau Bypass improvements, prepared by the State Department of Transportation, identified a drainage way within the project area. Further, drainage improvements are being provided as part of the Keaau Bypass project to accommodate that drainage way. 21. Flora/Fauna Resources: A "Flora and Fauna Report -Shipman Master Plan" was prepared by Grant Gerrish, Ph.D. in July 1992, noting that the subject property had been extensively disturbed by sugar cultivation. No rare or endangered plants or animals were found. The Hawaiian Hawk or "Io" is the only endangered species likely to be encountered at the property. Recommendations are that if an aggressive hawk is encountered during construction activity, work shall immediately cease at the project site and the U.S. Fish and Wildlife Service and State Division of Forestry and Wildlife be immediately notified. -5- 22. Archaeological Resources: According to the applicant, a majority of the 30-acre project area was formally in sugar cane cultivation with a small remnant of native forest area. An intensive reconnaissance survey was conducted by Paul Rosendahl, Ph.D., Inc. (PHRI). In concurrence with the survey report, the Department of Land and Natural Resources-Historic Preservation Division issued a letter dated June 16, 1999 to Robert B. Rechtman, Ph.D. (copy included in the application), agreeing that the proposed development will have "no effect" on significant historic sites, and that no additional archaeological work is necessary. 23. Social Settlement Pattern: The Puna District continues to be one of the fastest growing regions in the County. The population is anticipated to grow an additional 80 percent through 2020. The proposed project area is strategically located at the crossroads of the district. 24. Surrounding Zoning/Land Uses: Lands to the north are zoned General Industrial (MG-20) and is the existing 488 acres Shipman Business Park which includes contractors, baseyards, wholesale and distribution operations and other industrial uses. To the east across of the Volcano Highway, lands are zoned Single Family Residential (RS-10) and consist of single family residences, and Agricultural (A-Sa and A-20a) which includes the Diamond Head Papaya Packing facility, portion of the area in papaya production, and remaining area vacant. Further to the southwest is the Keaau Village commercial area which is zoned Village Commercial (CV-10) with various commercial and financial institution uses, including the Sure Save Supermarket. To the south approximately 3,000 feet from the project area are the Hawaii National Guard Armory, and the County's 12-acre Herbert.C. Shipman Park, which includes ballpark and soccer fields. The area to the west of the project area are primarily fallow sugarcane lands or in short term agricultural leases. PiTRi il"' ilTii.iTIES AND SERVICES 25. Access: The primary access will be from the proposed Road A, which will intersect with the Volcano Highway across the proposed Keaau Bypass intersection. Shipman is also working with the State Department of Transportation to allow driveway accesses -6- within the proposed Lots B and C. These accesses would allow for right-in and right-out movements only and allow customers and deliveries to utilize the interior roadway network. Shipman has also agreed to install intersection improvements with minimal disruption and at no additional cost to the State in its construction of the Keaau Bypass intersection. 26. Water: Water can be made available from existing 16-inch water lines within the Volcano Highway and Kipimana Street, in the Shipman Business Park. Should the Kipimana Street waterline be used, an easement through an existing lot would have to be secured by Shipman. 27. Wastewater: An on-site sewage treatment facility will be constructed on-site meeting with the requirements of the Department of Health. 28. Solid Waste: Solid waste generated from the proposed development will be taken to the Hilo Landfill or an alternative site as required by the Department of Public Works. 29. Facilities/Utilities: Electrical and telephone services are or will be made available to the project area. Police and fire services are available in the Keaau Village. AGENCIES' COMMENTS 30. Fire Department (October 27, 1999 Memo): "Water supply -shall be in accordance with UFC 10.301." 31. Real Property Tax Division (October 15, 1999 Memo): "Property is receiving agricultural use value. "Current Real Property taxes are paid through December 31, 1999." 32. Department of Land and Natural Resources -Historic Preservation Division (October 7, 1999 Letter): "Thank you for your Memorandum of October 11, 1999 and the opportunity to review and comment on the subject application. "Our office has already submitted comments on this project. In June we reviewed a letter report on an archaeological field assessment that had been performed by PHRI. A copy of our letter dated June 16, 1999 (Hibbard to Rechtman) was included with this application. We have nothing new to add to our earlier comments, which concluded that the proposed development will have `no effect' on significant historic sites." -7- 33. Department of Public Works: (See Exhibit C -November 10, 1999 Memo) 34. Department of Water Supply: (See Exhibit D -October 15, 1999 Letter and Applicants' Response -November 22, 1999 Letter) 35. Police Department: (See Exhibit E -October 15 1999 Memo and Applicants' Response -November 22, 1999 Letter) 36. Department of Health: (See Exhibit F -October 14, 1999 Memo and Applicants' Response -November 22, 1999 Letter) 37. State Land Use Commission: (See Exhibit G -October 19, 1999 Letter) 38. Puna Soil and Water Conservation District: (See Exhibit H -October 26, 1999 Letter) AGENCIES - NO RESPONSE 39. Civil Defense, Department of Land and Natural Resources -Land Division and Land Management, Department of Transportation, and Department of Agriculture PLT3LIC COMMENTS 40. The Depaztment has not received any written comments or objections from the general public or adjacent landowners on the subject application. -8- BEFORE THE LAND USE COMMISSION OF THE STATE OF HAWAII In the Matter of the Petition of ) DOCKET NO. BR93-699 OFFICE OF STATE PLANNING, ) FINDINGS OF FACT, STATE OF HAWAII ) CONCLUSIONS OF LAW, AND DECISION AND ORDER To Amend the Agricultural Land Use ) District Boundary into the Urban ) Land Use District for Approximately ) Thli is ~ 011~~~ ~ ~ 660 Acres at Keaau, Puna, Island of ) ~~~~~~~~UfQ~fii,,, Hawaii, State of Hawaii, identified ) Qt tt~B2~tLan~~Comrt~ieeio~,Hon0lulUHewa:, by Tax Map Key Numbers 1-6-03: ) por. 3, por. 7, por. 8, por. 11, ) JUL 18 1991 ~ ~.y./ por. 12, por. 13, por. 14, por. 15, ) 9p~reQfjyGr por. 68, 76 and 84 ) - c r - c~ _ FINDINGS OF FACT, _ CONCLUSIONS OF LAW AND DECISION AND ORDER ~s s- ~ "Jl Lr. f~ L Z EXHIBIT BEFORE THE LAND USE COMMISSION OF THE STATE OF HAWAII In the Matter of the Petition of ) DOCKET NO. BR93-699 OFFICE OF STATE PLANNING, ) FINDINGS OF FACT, STATE OF HAWAII ) CONCLUSIONS OF LAW, AND DECISION AND ORDER To Amend the Agricultural Land Use ) District Boundary into the Urban ) Land Use District for Approximately ) 660 Acres at Keaau, Puna, Island of ) Hawaii, State of Hawaii, identified ) by Tax Map Key Numbers 1-6-03: ) por. 3, por. 7, por. 8, por. il, ) por. 12, por. 13, por. 14, por. 15, ) por. 68, 76 and 84 ) ) FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION AND ORDER The Office of State Planning, State of Hawaii ("Petitioner"), filed a Petition for Land Use District Boundary Amendment on November 18, 1993, and First Amended Petition for Land Use District Boundary Amendment on February 24, 1994, pursuant to chapter 205, Hawaii Revised Statutes, ("HRS") and chapter 15-15, Hawaii Administrative Rules ("HAR") to amend the State land use district boundary for approximately 660 acres of land, identified as Tax Map Key Nos.: 1-6-03:por. 3, por. 7, por. 8, por. 11, por. 12, por. 13, por. 14, por. 15, por. 68, 76 and 84, situated at Keaau, District of Puna, Island of Hawaii, State of Hawaii ("Property"), from the State Land Use Agricultural District to the State Land Use Urban District. The Land Use Commission ("Commission"), having heard and examined the testimony, evidence and argument of counsel presented during the hearings, and Petitioner's Proposed Findings of Fact, Conclusions of Law and Decision and Order, hereby makes the following findings of fact, conclusions of law and decision and order: FINDINGS OF FACT PROCEDURAL MATTERS 1. On November 18, 1993, Petitioner filed a Petition for Land Use District Boundary Amendment and on February 24, 1994, Petitioner filed a First Amended Petition for Land Use District Boundary Amendment (Collectively "Petition"). 2. On March 18, 1994, a prehearing conference on the Petition was held at Honolulu, Oahu, with representatives of the Petitioner and landowner, W.H. Shipman, Limited, present. At the prehearing conference, available exhibits, exhibit lists, and witness lists were submitted. 3. On April 21, 1994, the Commission held a hearing on the Petition in Hilo, Hawaii pursuant to a notice published in the Hawaii Tribune-Herald, and the Honolulu Advertiser, on February 22, 1994. 4. The Commission did not receive any petition for intervention into this proceeding. 5. On April 21, 1994, at the meeting held by the Commission in Hilo, Hawaii, the County of Hawaii ("County") Planning Department represented that it will not participate in the hearing proceedings for the Petition. The County also represented that it has filed stipulations with the Petitioner -2 - with respect to Petitioner's Findings of Fact, Conclusions of Law, and Decision and Order with the exception that it did not place any conditions on the boundary amendment. 6. On April 21, 1994, the Commission allowed letters from Yoshihiko Nakahara, Robert Bethea, Keith Ahue, Lunakanawai Hauanio, Lt. Col. Jerry Matsuda, P.E., Carl Okuyama, Milton Pavao, and Richard Ha, Jr. to be admitted into evidence. The Commission also allowed Jim Albertini, Sandy Bonk, Milton Pavao, Yoshi Nakahara, Paula Helfrich, Carl Okuyama, Richard Ha, and Howard Wright to testify as public witnesses. 7. The Commission received additional letters from the following individuals: Keith Ahue, Bonnie Goodell, Adrian Barber, Ole Fulks, Barbara Bell, Sandy Bonk, Patricia and Francis Jaworski, and James Albertini. Said letters were admitted into evidence on July 14, 1994. DESCRIPTION OF THE PROPERTY 8. The Property consists of approximately 660 acres of land located in the District of Puna, in the Ahupua'a of Keaau, approximately four miles south of the City of Hilo. The Property is comprised of four Sub-areas surrounding the existing town of Keaau at the intersection of State Highway it (Volcano Highway) and State Highway 130 (Keaau-Pahoa Road). 9. Sub-areas A and B are bounded by the existing Urban area of Keaau Village to the north and the Keaau Agricultural Lots to the south. Sub-areas A and B are separated by Keaau-Pahoa Road (State Highway 130). The -3 - proposed Keaau Bypass Highway is anticipated to extend along the eastern or mauai edge of sub-area B. These sub-areas consist of approximately 138 and 118 acres, respectively. Sub-area C is west, or mauka, of Volcano Highway (State Highway 11) and surrounds the 9 1/2 Mile Camp and is bounded by the County's Herbert Shipman Park to the north. This sub-area C includes approximately 295 acres. Sub-area D is also west, or mauka, of the Volcano Highway and is adjacent to the W.H. Shipman Industrial Park, which was the subject of an incremental districting approval from the State Land Use Agricultural District to the State Land Use Urban District in 1988. The second increment was reclassified in 1993 under LUC Docket No. A84-570/W.H. Shipman, Limited. Sub-area D encompasses approximately 109 acres. lo. The entire Property is owned by W.H. Shipman, Limited ("Shipman"), of Keaau, Hawaii. 11. Shipman has authorized Petitioner to file the Petition. 12. The Property slopes gently upward towards the summit of Mauna Loa with elevations ranging from approximately 275 to 650 feet above sea level. The site's topography is characterized as being moderately sloping with slopes over the entire Property averaging approximately 3.5 percent, with ranges from less than 1.7 to 13.0 percent. The highest slopes occur in the southern portion, where slopes average 5 percent. -4 - 13. The average annual rainfall in the Keaau area is between 9 and 17 inches per month, or 150 to 200 inches per year. Normally, more rain falls in the area between the months of November through April. 14. The Keaau area experiences primarily on-shore trade winds during the day from the northeast with primary low velocity night time gravity winds in the off-shore direction. Typical wind velocities range up to 12 knots, with gentler drainage winds at night. Relative humidity is also generally stable year round, with the daily average ranging from 65 to 85 percent. 15. The United States Department of Soil Conservation Service Soil Survey Report for the Island of Hawaii classifies the soil within the Property as follows: a. Olaa (0-20$) Series (OZD and OaC). The Olaa soils are well-drained silty clay loams typically nine inches thick. OID soil is extremely stony and is classified by the United States Soil Conservation Service in capability subclass VIZ (severe limitations, considered unsuitable for cultivation). OaC soil has a non-stony surface layer and falls in capability subclass III (requires special conservation practices). b. Panaewa (0-10$) Series (PeC). The Panaewa soil is similar in properties but is dotted with rock outcrops. Its capability subclass is VI. When enriched with -5 - high fertilizer inputs and treated with special conservation practices, both groups of soil may produce fair sugarcane yields. c. Keaukaha (6-20~ slopes) and Papai (3-25~ slopes) Series (rKFD and rPAE). These are young soils developed on lava alone (pahoehoe and a'a respectively). These soils are difficult to cultivate and bear a capability subclass VII rating. Soil permeability is rapid, runoff is medium and erosion hazard slight for both soils. Despite a measure of diversity among these soils, all share certain properties. They are generally mucky, moderately to highly stony, somewhat acidic, highly permeable, moderately corrosive, and highly subject to shrink-swell problems. 16. The University of Hawaii Land Study Bureau's Detailed Land Classification-Island of Hawaii classifies the Property with productivity ratings between "C" and "E", or average/fair to very poorly suited for agricultural productivity. 17. The Property contains lands which are identified as Prime or Other Important Agricultural Land under the State Agricultural Lands of Importance to the State of Hawaii (ALISH) system. Although some valuable agricultural land will be converted to urban uses under the proposed use, most of the Prime agricultural land in the Keaau area is outside of the Property. -6 - 18. The Property consists mostly of land formerly cultivated in sugarcane and is presently vacant of any uses except for 7.3 acres planted in papaya, approximately 2 acres of macadamia nuts and several residences. There are nine dwellings situated within the Property, one of which is owned by Shipman. The remaining eight dwellings are situated on lands leased from Shipman. Five of the dwellings are located on the mauka side of the Volcano Highway near the Herbert Shipman Park. These dwellings are over 50 years old and are in dilapidated condition. The existing owners of the units will be required either to relocate or to demolish these dwellings. The four dwellings on the makai side of the Volcano Highway are on relatively short leases ranging between three and ten years. There are no plans to terminate or relocate these uses at the present time. 19. The Property, as is all of the Hilo to Puna region, is susceptible to potential lava inundation from Mauna Loa, one of the five volcanoes comprising the island of Hawaii and one of the three volcanoes which have been active in historic times. 20. The Property is within lava flow hazard zone 3, a zone considered "less hazardous than zone 2" and of "medium" threat risk (the United States Geological Survey ("USGS") has identified 9 volcanic flow hazard zones on the island of Hawaii, with "1" being the highest hazard and "9" being the lowest). Zone 3 includes most of the Hilo to Pahoa area. -7 - 21. The entire island of Hawaii is susceptible to earthquakes originating in fault zones under and adjacent to it. The Big Island is classified as a Zone 3 Seismic Probability Rating for the purposes of structural design. The classification system is based on a scale of zones with increasing risk from 0 to 4, due to seismic occurrence and danger. 22. The Federal Emergency Management Agency ("FEMA") classifies the region in which the Property is located as flood hazard zone "X", an area of moderate to minimal flood hazard that is outside the 100-year to 500-year flood plain. PROPOSAL FOR DEVELOPMENT 23. The Petition is based on a recommendation made by the Petitioner as part of the Hawaii State Land Use District Boundary Review-Hawaii (OSP 1992) ("Boundary Review Report"), which recommends that the Property be reclassified from the Agricultural to Urban District. 24. The purpose of the Five-Year Boundary Review is to conduct a comprehensive, statewide evaluation of State land use districts. Based on this evaluation, there was a recommendation to allocate sufficient land for future urban growth and also to direct urban growth to appropriate areas. The intent is to provide for long-range planning by designating areas for future urban growth rather than reacting to landowner-initiated petitions. -8 - 25. To provide a basis for determining the possible land uses, land allocations, and impacts of urbani2ation of the Property, Shipman consultants prepared the Conceptual Keaau Development Plan for approximately 2,000 acres in and around the Keaau Village area, which included the Property. While broad land use concepts were identified, no specific uses or densities for particular areas within the Property have been determined. The conceptual plan will be further refined during the development and consultation process with governmental agencies and the public. Uses identified as potential uses within the Property include residential, parks and open space, industrial, commercial, schools and other government facilities. 26. Shipman has represented that site constraints such as archaeological remains, transmission line easements, circulation requirements, topographic relief, and other site factors will be taken into account to determine actual land use allocations and achievable densities. Additionally, external constraints such as adequacy of public facilities and services, market support and financial feasibility factors will all heavily influence the actual land plan. 27. Shipman has represented that it intends to implement the overall Conceptual Keaau Development Plan over a period of 20 years or more, with implementation of the initial phase, which covers the Property, within five years from the receipt of Zoning from the County for the various areas. More -9 detailed planning and design will be required to establish the timing of major project phases which in turn will be coordinated with major stages of off-site infrastructure development and market support. PETITIONER'S FINANCIAL CAPABILITY TO UNDERTAKE THE PROPOSED DEVELOPMENT 28. Petitioner is a State agency and is not required to submit a statement of current financial condition pursuant to section 15-15-50(c)(8), HAR. STATE AND COUNTY PLANS AND PROGRAMS 29. The approximately 660 acres which comprise the Property lies within the State Land Use Agricultural District as shown on the Land Use Commission Boundary Maps H-66 (Hilo) and H-67 (Mountain View). 30. Petitioner published the Boundary Review Report in May, 1992. The urbanization of the Keaau area is consistent with, and is supported by the Boundary Review Report. The Boundary Review Report recommends that the Property be reclassified from the State Land Use Agricultural to State Land Use Urban District. 31. The Hawaii County General Plan (Ordinance No. 89-142, as amended) ("General Plan") designates the Property for "Low Density", "Medium Density", and "Urban Expansion" uses. Urbanization of the Property as proposed in the Conceptual Keaau Development Plan is consistent with the applicable designations of the General Plan. -10- 32. The Property is zoned "Agriculture", with a minimum lot size of 20 acres (A-2Oa) under existing County zoning. Petitioner will seek appropriate zoning changes from the County. 33. Although the Property is within the Coastal Zone Management Area, it does not lie within the Special Management Area, as defined by the County. NEED FOR THE DEVEIAPMENT 34. The petition is based on a recommendation made by Petitioner as part of the Boundary Review Report, which recommends reclassification of the area from the Agricultural District to the Urban District. The basis for the reclassification is stated directly in the report as follows: With an 83 percent increase in population from 1980 to 1990, the Puna district is the second fastest growing region on the island of Hawaii. This rapid growth is expected to continue and even to accelerate. Due to the youthfulness of the population, the fertility rate is the highest in the State, averaging four children per family. Responding to the needs of this rapidly growing population is all the more difficult with the population so widely dispersed throughout the district and in areas where most of the lots are zoned for agriculture and serviced by inadequate infrastructure. The town of Keaau is located -11- along a major highway with adequate infrastructure, close to Hilo, and relatively central in its location to other widely dispersed villages. Reclassification of agricultural lands adjacent to the town of Keaau would make it easier for State and County to meet the social and physical infrastructure needs of a rapidly growing population. The specific land uses, acreages and their locations within the Property have yet to be determined. Zn addition: a. The proposed reclassification area is adjacent to existing Urban District Lands at Keaau Town and the W. H. Shipman Industrial Park. b. Zt is served by existing infrastructure including two major highways, water lines and utilities, although infrastructure improvements will be needed to accommodate the proposed urbanization. It is in proximity to existing services including an elementary and intermediate school, fire station, and police substation. c. Reclassification is in conformance with the County of Hawaii General Plan, which designates the area for low and medium density and urban expansion uses. d. Puna is second only to West Hawaii in population growth, with 128 percent growth from 1970-1980, and 76 percent growth from 1980-1990. -12- e. There is a need to establish an urban core in Puna to service the growing population. Keaau is a desirable location for an urban core because it is at lower risk of lava inundation than most of Puna and is relatively central in location with respect to the widely dispersed villages of Puna. Keaau also contains an employment center with the W. H. Shipman Industrial Park and the Keaau Town Center. IMPACT UPON RESOURCES OF THE AREA Agricultural Resources 35. The soils of the Property are derived from geologically recent pahoehoe and a'a lava flows, covered in places with layers of Pahala Ash. The United States Soil Conservation Service classifies the soils within the Property in the Olaa, Panaewa, Keaukaha and Papai Series groupings. The University of Hawaii Land Study Bureau classifies the Property with productivity ratings between "C" and "E." In addition, portions of the Property are identified as "Prime" or "Other Important Agricultural Land" under the State ALISH system. 36. A small portion of the Property is currently leased for farming papaya (7.3 acres) on a crop-by-crop basis and macadamia nuts (approximately 2 acres). Over the remainder of the Property, there are no agricultural activities being conducted. As such, the urbanization of the Property will have no significant negative impact on the overall agricultural productivity of the Island of Hawaii and the State of Hawaii. -13- Drainage and Flooding 37. The existing drainage area affecting the Property extends to the east and west of the Property, and there are no indications of potential flooding within the Property. Existing developed areas in the vicinity have no continuous underground drainage system. 38. Additional runoff as a result of development of the Property can be minimized by installing a system of swales and underground drainage structures which would channel the runoff into a system of dry wells. Flora 39. A botanical survey of the Property was conducted in July 1992 by Grant Gerrish, Ph.D. 40. The native vegetation on the Property site has been removed by many years of sugarcane cultivation. No rare or endangered native plant species were found on the Property. The botanical survey recorded 8 endemic and 6 indigenous native plant species, mostly located in small, remnant waste areas not previously cultivated. The abandoned cane field areas are producing a secondary growth of primarily alien species. Fauna 41. An avifauna and feral mammal survey of the Property was also conducted in July of 1992 by Grant Gerrish, Ph.D. 42. The study found no special or unique mammals or birds, including threatened or endangered species, on the -14- Property during the survey. Although the i'o or Hawaiian hawk and the hoary bat, both of which are endangered species, were not seen during the survey, they have been widely distributed on the island. Consequently, it is anticipated that the urbanization of the Property will not have any adverse impacts to avifauna or feral mammals. Historic and Archaeological Resources 43. An archaeological assessment reconnaissance study and a literature search were conducted for the entire Property and surrounding Shipman lands in July and November 1992 by Terry L. Hunt, Ph.D. 44. The basic purpose of the assessment study was to generally survey the Property and enable predictions to be made concerning the probable nature and distribution of archaeological resources within the Property. The study was completed as a synthesis of literature review, aerial reconnaissance and a partial intensive ground surface survey of portions of the Property. 45. Five areas or "islands" of vegetation were identified by the survey, only one of which (Area 2)- is located within the Property. Areas 1, 2, and 3 were subjected to a complete ground surface survey, while the heavily vegetated Areas 4 and 5 were studied through the use of 100 meter transects. Within Area 2 in the Property's Sub-area C, nine sites were mapped, measured and described. These nine sites are considered significant for their informational content and -15- may be associated with historic plantation activities. Further research is needed to definitely determine treatment of these sites within the Property. As development plans are finalized in areas where archaeological resources are identified, inventory level surveys must be conducted to provide further documentation. Due to the past sugarcane cultivation over most of the Property, large portions are free of archaeological resources. Visual and Scenic Resources 46. The existing terrain of the Property provides gently sloping views to and from the Property to many acres of Mauna Loa, Mauna Kea and the sea. 47. Future urbanization of the Property will not alter the scenic views from the Property, although development of the Property from its predominantly natural state to one of urban uses will irretrievably alter the natural open space in the region. Existing public views of the Property are infrequent and transitory, and those views will also be altered by development of the Property. Air Quality 48. Within the region of the Property, existing air quality is good. Present air quality in the Property is mostly affected by natural particulate sources such as ocean spray, pollen-producing plants and dust from natural, industrial, agricultural and/or vehicular sources. Of these natural sources of pollution, the emissions from Kilauea Volcano are -16- the most significant when those emissions are blown northwest due to the occasional southerly winds. Emission from this eruption can be seen in the form of volcanic haze (vog) which impacts the area on occasion. 49. Short-term direct and indirect impacts on air quality could potentially occur due to construction in two ways: (1) fugitive dust from vehicle movement and site excavation; and (2) exhaust emissions from on-site construction equipment. Indirectly, there could also be short-term impacts from slow-moving construction equipment traveling to and from the project site and from a temporary increase in local traffic caused by commuting construction workers. 50. After construction is completed, use of the Property will result in increased motor vehicle traffic on nearby roadways, potentially causing long-term impacts on ambient air quality in the project vicinity. Motor vehicles with gasoline-powered engines are significant sources of carbon monoxide. Noise 51. The Property is currently exposed to relatively low ambient noise levels, primarily at narrow corridors adjacent to the highways, the power plant, and neighboring farms. Short term noise impacts will be generated by construction activities during development of the Property. 52. It is probable that noise generated by vehicular traffic along State Highway 11 (Volcano Highway) and State -17- Highway 130 (Keaau-Pahoa Road) will increase, both from construction vehicles and subsequently from vehicle trips by residents, employees and visitors to the urbanized Property. The degree to which traffic noise increases as a result of the vehicular trips associated with the urbanization of the Property cannot be projected at this time because specific uses for the Property have not yet been determined. Socioeconomic Factors 53. Although specific land uses for the Property have not been determined, it is probable that single-family residential, multi-family residential, commercial/industrial, parks/open space and public facility uses will comprise a significant percentage of its acreage. The percentage of gross land set aside for residential uses includes approximately 451 acres, which would support approximately 1,500 residential units. In this respect, the proposed reclassification could positively affect the provision of needed housing for residents of Keaau and East Hawaii. 54. Based on the above number of dwelling units, it is anticipated that the Property could add to the existing resident population approximately 4,365 new residents, assuming a population-to-household ratio of 2.91 (the current figure for occupied houses in Puna, according to calculations based on 1990 Census Data by Community Management Associates) at full buildout. -18- 55. In addition to the proposed reclassification of the Property, the Puna District has shown a phenomenal rate of increase in population of over 128 percent between 1970 and 1980. The increase, has to a large degree, been in subdivisions created without typical urban standard water, electric and roadway systems. 56. The urbanization of the Property will provide jobs and housing for the residents of Puna and East Hawaii and for others who desire to migrate to the island or region. Within the context of population projections contained in the County of Hawaii General Plan, the provision of housing and jobs will serve to support projected population increases, including in-migration. 57. The urbanization and development of the Property will generate short-term employment during the construction period. In addition, long-term employment opportunities will be created by industrial and commercial development. Not only will such action improve the economic diversification of the Puna and East Hawaii economy, it will also generate increased property, sales and income taxes. 58. The supply of residential lots with infrastructure amenities in the Puna area has failed to keep up with demand, thus resulting in an increase in lot prices. The development of residential units within the Property will be of direct benefit to the inventory of available units in this -19- category because of the proximity to the urban level of services and facilities. Traffic 59. A preliminary traffic assessment for the Property was prepared by Randall S. Okaneku, P.E. to identify issues and opportunities relative to the probable traffic impacts the reclassification of the Property will have on the region's traffic. 60. In recognition of the existing traffic impacts within the region, the State Department of Transportation ("DoT") is currently in the process of planning the Keaau Bypass Road to divert traffic between Pahoa and Hilo from passing through Keaau Town. The DOT presently projects completion of this bypass road in early 1997. 61. The roadway plan proposed as part of the Conceptual Keaau Development Plan envisions a Shipman Loop Road which would pass through the Property and connect to Volcano Highway/State Highway il. This Shipman Loop Road would begin between the Pahoa Road/Keaau Bypass Road junction and Keaau Town, continue in the westward direction, and connect to Volcano Highway south/mauka of Keaau Town. 62. The development of the Property will impact on the roadways of the region. The Keaau Bypass Road and the proposed Shipman Loop Road are expected to relieve some of the existing traffic problems at Keaau Town by diverting a portion of the existing through traffic away from the center of the -20- town. Once the final alignment of the Keaau Bypass Road is chosen and the specific uses of the Property are determined, the actual traffic impacts can be determined through a traffic impact analysis. Water Supply 63. A preliminary overview of the water resources in the Puna region determined that there is an abundant source of potable groundwater available to serve the Property. The County of Hawaii Department of Water Supply maintains two water systems in the vicinity of the Property: the Hilo City water system and the Olaa water system. The Property rests atop a significant groundwater source designated the Keaau Aquifer System (Code 80402). 64. Potable water in the Keaau area of Puna is provided by the County of Hawaii Department of Water Supply from its Ola'a Water System. 65. The Property is located within the Keaau Aquifer System identified by the Water Resources Research Center of the University of Hawaii. This aquifer is thought to be capable of producing approximately 393 million gallons per day ("mgd") of sustainable yield. The Keaau Aquifer is currently being tapped for approximately 2.34 mgd to 2.50 mqd. Wastewater Disposal 66. There is presently no municipal wastewater treatment plant in the Keaau area that can accommodate -21- wastewater that will be generated by the development of the Property. 67. The recently constructed municipal wastewater treatment plant in Hilo at Keaukaha near the airport has the capacity to handle wastewater from the development of the Property. The other option is for the developer/landowner to construct wastewater facilities in Keaau to service the development of the Property. 68. The amount of wastewater generation from the Property would roughly range from 1.5 to 1.6 mgd, including the existing Keaau Village connections. 69. Assuming that adequate wastewater treatment facilities can be constructed to service the Property, the disposal of the treated effluent may be used for landscape irrigation and agricultural uses located to the northeast/makai of the Property. Other disposal methods, such as underground injection, may be needed for the balance of the wastewater not used for irrigation. Water Quality 70. Although groundwater is probably available within the Property, the potable water well(s) developed to service uses within the Property will be located at higher elevations outside and south/mauka of the Property. The Keaau Aquifer System has more than adequate sources of potable water to service development of the Property. -22- 71. Although the urbanization of the Property may increase the opportunity for pollutants to enter groundwater via storm runoff or as leachate from materials applied to landscaped areas (fertilizers, pesticides, etc.), this would probably be much less than during the past sugarcane operations. According to Petitioner's Environmental Report, groundwater contamination from surface activities is expected to be negligible in relation to the volume and flow rate of the aquifer. Groundwater resources are expected to remain of high quality and within permissible levels for all contaminants of concern. Electrical Power and Communication 72. Electrical service to the Property, as well as the entire island, is currently provided by Hawaii Electric Light Company (HELLO). HELCO's Kanoelehua and Puna generating stations are located within service range of the Property. Zt is expected that a new electrical substation will be required to extend electrical service throughout the Property. Given these improvements, urbanization of the Property is not expected to significantly impact on the provision of electrical service by HELLO. 73. GTE Hawaiian Tel serves the Property from its Keaau station. 74. Based on general assumptions made about the acreage and potential uses involved in the proposed boundary -23- amendment, GTE Hawaiian Tel may need to expand the Keaau station to accommodate development of the Property. 75. Jones Spacelink of Hawaii, Ltd. is licensed to provide cable television service in the Keaau region. There are presently no cable lines servicing the Property. Therefore, it will be necessary to extend cable television service to the Property upon development. Police Fire and Emergency Services 76. Police, fire and emergency medical services are available at Keaau on a limited basis. The increase in population attributable to the development of the Property will increase the demand on existing police, fire and emergency facilities within the region. Schools and Libraries 77. Current facilities planning projections for the Department of Education (DoE) include projected population increases within the Property. Although the DoE is currently reviewing site selection for an elementary school and conducting preliminary planning for a high school in Keaau, there is a projected additional enrollment associated with the urbanization of the Property that may require new and/or expanded facilities. Land areas for civic and public facility uses such as schools and libraries were allocated within the Property in the Conceptual Keaau Master Plan. Shipman has represented that it will reserve a minimum of 12 acres to accommodate an elementary school and up to 50 acres for a high -24- school in the event the DOE determines that Keaau is an appropriate location for these facilities. Recreation Facilities 78. The County of Hawaii Department of Parks and Recreation has determined that urbanization of the Property must be accompanied by additional park facilities, which would be implemented by either the development of separate park sites, or expansion of the existing Herbert Shipman Park in Keaau to a regional park. 79. The urbanization of the Property will increase the resident population and its recreational needs, which can be met by providing a pro rata share of parks and other recreational facilities within the development of the Property. Solid Waste Disposal 80. The County of Hawaii presently maintains a solid waste transfer station 1.75 miles southeast of the Property off State Highway 130. The Hilo Landfill, which presently serves the East Hawaii District, is reaching its maximum capacity and is expected to close by 1998. The Hilo Landfill will be replaced by the newly opened landfill at Puu Anahulu, south of Waikoloa. Refuse from the Property would be accepted by the municipal landfill at Puu Anahulu. Civil Defense Services 81. The property is not affected by flood hazard and is within USGS Lava Flow Hazard Zone 3, a zone of medium threat. Should a natural disaster affect the Property after it -25- has been urbanized, the added population and urban improvements would add to the responsibilities of the various civil defense agencies. Health Care Facilities 82. The increase in resident population that is probable as a result of the urbanization of the Property will place additional demands on health care services in the region. COMPLIANCE WITH STANDARDS FOR DETERMINING DISTRICT BOUNDARIES 83. The Petitioner has conducted a "Five Year Boundary Review" pursuant to section 205-18, HRS, to comprehensively examine the State Land Use District classifications for all lands in the State. 84. Petitioner has recommended as part of its Five-Year Boundary Review Report that the Property be reclassified from the State Land Use Agricultural to the State Land Use Urban District. This recommendation is made within the context of existing State and County land use policies for the Property and the region as a whole. The Hawaii County General Plan specifically designates the Keaau area for Urban Expansion, for residential, commercial, industrial and other uses. This area has been identified for the urban growth necessary to accommodate the future population of Puna and East Hawaii. 85. The proposed reclassification of the Property meets the standards for the Urban District. The Property is adjacent to existing Urban District lands which include -26- employment generators in the W.H. Shipman Industrial Park and the Keaau Town Center. Furthermore, development in the Property will generate a new center of trading and employment, providing opportunities for residents throughout the Puna district. 86. All lands in the Property are reasonably free from environmental hazards and adverse topographic constraints such as flooding ,tsunami, unstable soil, and other adverse environmental effects. Although some risk of lava inundation is present, this situation is shared with nearly all existing urban land on the island. 87. Although the Property does not presently include land characterized by "city-like" concentration of people, structures, streets, urban level of services and other uses, the lands are adjacent to State Land Use Urban District lands having these "city-like" characteristics. Keaau is located at the junction of the two major highways in Puna, and is thus centrally located. The proposed reclassification will favorably impact the provision for employment opportunities, economic development and housing opportunities for all income groups. The Property also has existing infrastructure or the ability to easily extend and develop infrastructure required for quality growth, unlike any other region in Puna. Partly in recognition of the ideal situation of the Property amid the fast-growing district, the General Plan of the County of Hawaii has identified the area around Keaau as "Urban Expansion." -27- 88. Urbanization of the Property does not contribute to scattered spot urban development, as it is adjacent to an existing urban area, proximal to existing urban facilities and is identified for urban uses by adopted State and County land use plans. CONFORMANCE WITH THE HAWAII STATE PLAN 89. The proposed reclassification of the Property is consistent with the following objectives and policies of the Hawaii State Plan: Section 226-5, HRS: Objectives and policies for population. Section 226-5(b)(1): Manage population growth statewide in a manner that provides increased opportunities for Hawaii's people to pursue their physical, social, and economic aspirations while recognizing the unique needs of each county. Section 226-5(b)(2): Encourage an increase in economic activities and employment opportunities on the neighbor islands consistent with community needs and desires. Section 226-5(b)(3): Promote increased opportunities for Hawaii's people to pursue their socio-economic aspirations throughout the islands. Section 226-5(b)(7): Plan the development and availability of land and water resources in a coordinated manner so as to provide for the desired levels of growth in each geographic area. Section 226-6, HRS: Objectives and policies for the economy - in general. Section 226-6(a)(1): Increased and diversified employment opportunities to achieve full employment, increased income and job choice, and improved living standards. -28- Section 226-6(a)(2): A steadily growing and diversified economic base that is not overly dependent on a few industries. Section 226-7, HRS: Objectives and policies for the economy - agriculture. Section 226-7(b)(10): Assure the availability of agriculturally suitable lands with adequate water to accommodate present and future needs. Section 226-10, HRS: Objectives and policies for the economy - potential growth activities. Section 226-10(b)(6): Provide public incentives and encourage private initiative to attract new industries that best support Hawaii's social, economic, physical, and environmental objectives. Section 226-11, HRS: Objectives and policies for the physical environment - land-based, shoreline, and marine resources. Section 226-11(a)(2): Effective protection of Hawaii's unique and fragile environmental resources. Section 226-11(b)(3): Take into account the physical attributes of areas when planning and designing activities and facilities. Section 226-12, HRS: Objectives and policies for the physical environment - scenic natural beauty, and historic resources. Section 226-12(b)(1): Promote the preservation and restoration of significant natural and historic resources. Section 226-13, HRS: Objectives and policies for the physical environment - land air and water duality. Section 226-13(b)(2): Promote the proper management of Hawaii's land and water resources. Section 226-13(b)(3): Promote effective measures to achieve desired quality in Hawaii's surface, ground, and coastal waters. Section 226-15, HRS: Objectives and policies for facility systems - solid and liquid wastes. -29- Section 226-15(b)(1): Encourage the adequate development sewerage facilities that complement planned growth. Section 226-16, HRS: Objectives and policies for facility systems - water. Section 226-16(b)(i): Coordinate development of land use activities with existing and potential water supply. Section 226-17, HRS: Objectives and policies for facility systems - transportation. Section 226-17(b)(6): Encourage transportation systems that serve to accommodate present and future development needs of communities. Section 226-19, HRS: Objectives and policies for socio-cultural advancement - housing. Section 226-19(b)(1): Effectively accommodate the housing needs of Hawaii's people. Section 226-19(b)(3): Increase homeownership and rental opportunities and choices in terms of quality, location, cost, densities, styles, and size of housing. Section 226-21, HRS: Objectives and policies for socio-cultural advancement - education. Section 226-21(b)(2): Ensure the provision of adequate and accessible educational services and facilities that are designed to meet individual and community needs. Section 226-23, HRS: Objectives and policies for socio-cultural advancement - leisure. Section 226-23(b)(6): Assure the availability of sufficient resources to provide for future cultural, artistic, and recreational needs. 90. The proposed reclassification of the Property is generally consistent with objectives and policies of the following State Functional Plans: Housing, Education, Agriculture, Recreation, and Transportation. -30- CONFORMANCE WITH COASTAL ZONE MANAGEMENT OBJECTIVES AND POLICIES 91. Although the Property is within the Coastal Zone Management area, it is not located within the Special Management Area; therefore, no Special Management Area permit is required. The Petition is in general compliance with chapter 205A, HRS. RULING ON PROPOSED FINDINGS OF FACT Any of the proposed findings of fact submitted by the Petitioner or the other parties not already ruled upon by the Commission by adoption herein, or rejected by clearly contrary findings of fact herein, are hereby denied and rejected. Any conclusion of law herein improperly designated as a finding of fact shall be deemed or construed as a conclusion of law; and finding of fact herein improperly designated as a conclusion of law shall be deemed or construed as a finding of fact. CONCLUSIONS OF LAW Pursuant to chapter 205, HRS, and the Hawaii Land Use Commission Rules under chapter 15-15, HAR, and upon consideration of the Land Use Commission decision-making criteria under section 205-17, HRS, this Commission finds upon a clear preponderance of the evidence that the reclassification of the Property, identified as Hawaii Tax Map Key Nos.: 1-6-03: por. 3, por. 7, por. 8, por. il, por. 12, por. 13, por. 14, por. 15, por. 68, 76 and 84, consisting of approximately 660 -31- acres of land situated at Keaau, District of Puna, Island of Hawaii, State of Hawaii, from the State Land Use Agricultural District to the State Land Use Urban District, subject to the conditions provided in this Order, is reasonable, nonviolative of section 205-2, HRS, and is consistent with the Hawaii State Plan as set forth in chapter 226, HRS, and chapter 205-A, HRS. ORDER ZT IS HEREBY ORDERED that the Property, being the subject of this Docket No. BR93-699 consisting of approximately 660 acres of land situated at Keaau, District of Puna, Island and County of Hawaii, State of Hawaii, and identified as Tax Map Key Nos: 1-6-03: por. 3, por. 7, por. 8, por. 11, por. 12, por. 13, por. 14, por. 15, por. 68, 76 and 84, and approximately shown on Exhibit "A" attached hereto and incorporated by reference herein, shall be and is hereby reclassified from the State Land Use Agricultural District to the State Land Use Urban District and the State Land Use District Boundaries are amended accordingly, subject to the following conditions: 1. The developer and/or landowner of the Property shall fund and construct adequate civil defense measures as determined by the County and State Civil Defense agencies. 2. The developer and/or landowner of the Property shall contribute to the development, funding and/or construction of school facilities, on a pro rata basis, as determined by and to the satisfaction of the Department of -32- Education (DOE). Agreement by DOE on the level of funding and participation shall be obtained prior to the developer and/or landowner applying for County zoning or prior to the developer and/or landowner applying for County building permits if County rezoning is not required. 3. The developer and/or landowner of the Property shall participate in the funding and construction of adequate wastewater transmission and disposal facilities, on a pro rata basis, as determined by the State Department of Health and the County Department of Public Works. 4. The developer and/or landowner of the Property shall provide affordable housing opportunities for low, low-moderate, and gap group income residents of the State of Hawaii to the satisfaction of the State Housing and Finance Development Corporation (HFDC) in accordance with the Affordable Housing Guidelines, adopted by the Housing Finance and Development Corporation, effective July 1, 1992, as periodically amended. The location and distribution of the affordable housing or other provisions for affordable housing shall be under such terms as may be mutually agreeable between the developer and/or landowner of the subject Property and the State Housing Finance and Development Corporation and the County of Hawaii. Agreement by the HFDC on the provision of affordable housing shall be obtained prior to the developer and/or landowner applying for County zoning or prior to the -33- developer and/or landowner applying for County building permits if County rezoning is not required. 5. The developer and/or landowner of the Property shall have an archaeological inventory survey conducted by a professional archaeologist prior to submitting an application to the County of Hawaii for rezoning or prior to applying for a building permit if county rezoning is not required. The findings of this survey shall be submitted to the State Historic Preservation Division, Department of Land and Natural Resources ("HPD-DLNR") in report format for adequacy review. The HPD-DLNR must verify that the survey report is acceptable, must approve significance evaluations, and must approve mitigation commitments for significant historic sites prior to the landowner and/or developer submitting an application to the county for rezoning or prior to applying for a building permit if county rezoning is not required. 6. If significant historic sites are present, then the developer and/or landowner of the Property shall agree to develop and execute a detailed historic preservation mitigation plan prior to any ground altering construction in the area. The HPD-DLNR must approve this plan, and must verify in writing to the Land Use Commission that the plan has been successfully executed. 7. Should any human burials or any historic sites such as artifacts, charcoal deposits, or stone platforms, pavings or walls be found, the developer and/or landowner of -34- the Property shall stop work in the immediate vicinity and contact the HPD-DLNR. The significance of these finds shall then be determined and approved by the HPD-DLNR, and an acceptable mitigation plan shall be approved by the HPD-DLNR (if needed). The HPD-DLNR must verify that the fieldwork portion of the mitigation plans has been successfully executed prior to work proceeding in the immediate vicinity of the find. Burials must be treated under the specific provisions of Chapter 6E, HRS. 8. The developer and/or landowner of the Property shall conduct a flora and fauna survey and prepare and agree to execute a mitigation plan which meets the requirements of the Department of Land and Natural Resources. The Department of Land and Natural Resources must approve the plan and a copy of the approved plan must be submitted to the Land Use Commission .prior to the developer and/or landowner applying for county zoning or prior to the developer and/or landowner applying for county building permits if county rezoning is not required. 9. The developer and/or landowner of the Property shall prepare a Traffic Impact Analysis Report prior to applying for County zoning or prior to the developer and/or landowner applying for County building permits if County rezoning is not required. The landowner and/or developer shall also participate in the funding and construction of local and regional transportation improvements and programs including -35- dedication of rights-of-way as determined by the State Department of Transportation and the County Department of Public Works. Agreement by the State Department of Transportation on the level of funding and participation shall be obtained prior to the developer and/or landowner applying for County zoning or prior to the developer and/or landowner applying for County building permits if County rezoning is not required. 10. The developer and/or landowner of the Property shall monitor the traffic attributable to the proposed project at on-site and off-site locations and shall undertake subsequent mitigative measures that may be reasonably required. These activities shall be coordinated with and approved by the State Department of Transportation. 11. The developer and/or landowner of the Property shall fund the design and construction of drainage improvements required as a result of the development of the property to the satisfaction of the appropriate State and County agencies. 12. The developer and/or landowner shall coordinate with the County of Hawaii and the State Department of Health regarding the establishment of appropriate systems to contain spills and prevent materials associated with industrial and commercial uses such as petroleum products, chemical or other pollutants, from adversely affecting the groundwater resources of the area. -36- 13. The developer and/or landowner of the Property shall participate in an air quality monitoring program as specified by the State Department of Health. 14. The developer and/or landowner of the Property shall cooperate with the State Department of Health and the County of Hawaii Department of Public Works to conform to the program goals and objectives of the Integrated Solid Waste Management Act, Chapter 342G, Hawaii Revised Statutes, and the County's approved integrated solid waste management plans in accordance with a schedule and timeframe satisfactory to the Department of Health. 15. The developer and/or landowner of the Property shall be responsible for implementing sound attenuation measures to bring noise levels from vehicular traffic in the Property down to levels acceptable to the State Department of Health and the State Department of Transportation. 16. The developer and/or landowner of the Property shall notify all prospective buyers of property of the potential odor, noise, and dust pollution resulting from surrounding Agricultural District land. 17. The developer and/or landowner of the Property shall notify all prospective buyers of property that the Hawaii Right-to-Farm Act, Chapter 165, Hawaii Revised Statutes, limits the circumstances under which preexisting farming activities may be deemed a nuisance. -37- 18. The Petitioner has represented that no golf courses will be developed within the Property by the developer and/or landowner. Any plans by the developer and/or landowner to include a golf course within the Property shall be subject to review and approval by the Land Use Commission. The developer and/or landowner shall: (a) file an appropriate motion or petition, whichever is appropriate; (b) provide the necessary evidence to justify its proposed use; and (c) seek prior approval from the Commission for golf course use on the Property. 19. The developer and/or landowner of the Property shall develop the Property in substantial compliance with the representations made to the Land Use Commission. Failure to so develop the Property may result in reclassification of the Property to its former land use classification, or change to a more appropriate classification. 20. The developer and/or landowner shall promptly provide without any prior notice, annual reports to the Land Use Commission, the Office of State Planning, and the County of Hawaii Planning Department in connection with the status of the subject project and the developer's and or landowner's progress in complying with the conditions imposed. 21. The developer and/or landowner of the Property shall give notice to the Commission of any intent to sell, lease, assign, place in trust, or otherwise voluntarily alter -38- the ownership interests in the Property, prior to the completion of the development of the Property. 22. The Land Use Commission may fully or partially release these conditions as to all or any portion of the Property upon timely motion and upon the provision of adequate assurance of satisfaction of these conditions by the developer and/or landowner of the Property. 23. Within 7 days of the issuance of the Land Use Commission's Decision and Order for the subject reclassification, the Petitioner shall (a) record with the Bureau of Conveyances a Statement to the effect that the Property is subject to conditions imposed by the Land Use Commission in the reclassification of the Property, and (b) shall file a copy of such recorded statement with the Commission. 24. The Petitioner shall record the conditions imposed by the Land Use Commission with the Bureau of Conveyances pursuant to section 15-15-92, HAR. -39- f A DOCKET NO. BR93-699 - OFFICE OF STATE PLANNING Done at Honolulu, Hawaii, this 18th day of July 1994, per motion on July 14, 1994. LAND USE COMMISSION STATE O\F_HAWAII By ~ }UQ~~'~ ~+~'(yo? JO N. MATTSON Chairperson and Commissioner TRUDY SENDA Vice Chairperson and Commissioner By _ C~-l-lss_. /E. AL N K. HOE C lssioner gy (absent) M. CASEY JARMAN Commissioner BY L ~ Y. AJZ Commissio ea~r By ~~/c~""d~-- LLOYD F. KAWAKAMZ Comm sion r By USEBIO LA NIA, Commission Filed and effective on By (absent) July 18 , 1994 RENTON L. K. NIP Commissioner Certified by: G~~_,,~ By ( absent ) Executive Officer ELTON WADA Commissioner -40- \ JVJ. ' , 3f ~ - . ? • • J , sA ~ • • • • • ~ • ~ ~ • • i•: • _ ~ i• K• ~ ~ ••.•1•,~ ii - • . ~c ~i _r •..4• mod.. X~~ ~~i ~`•p2•~•',a. .O~ t; e• A:... • • • a• • •7h e~ • - r _ r. I ~ • . I : • ~ • ~p•• S r • :O : • • :mss K ••M •i• _•~••I ( r • ? 7• • O.• i i • I~ • \ ? • • • w ~ i • w 1, J I'' a • • i • i • • ? a • • • • ; • ~ . • • ~ i r I • I ~ t LOCATION MAP Koeal. Hamaku¦ BR93-699 /.OFFICE OF STATE PLANNING, STATE OF HAWAII Hilo ' TAX MAP KEY:1 - 6 - 03: por. 3, por. 7• por. 8. por. 11, por. 12• Koaa por. 13, por. 14, por. 15, por. 68.76, b 84 Yana KEAAU. PUNA, HAWAII Kau SCALE 1• = 2.000 ft t HAWAII PETITION AREA EXHIBIT •A' BEFORE THE LAND USE COMMISSION OF THE STATE OF HAWAII In the Matter of the Petition of ) DOCKET NO. BR93-699 OFFICE OF STATE PLANNING, ) CERTIFICATE OF SERVICE STATE OF HAWAII ) To Amend the Agricultural Land Use ) District Boundary into the Urban ) Land Use District for Approximately ) 660 Acres at Keaau, Puna, Island of ) Hawaii, State of Hawaii, identified ) by Tax Map Key Numbers 1-6-03: ) por. 3, por. 7, por. 8, por. 11, ) por. 12, por. 13, por. 14, por. 15, ) por. 68, 76 and 84 ) CERTIFICATE OF SERVICE I hereby certify that a copy of the Findings of Fact, Conclusions of Law and Decision and Order was served upon the following by either hand delivery or depositing the same in the U. S. Postal Service by certified mail: HAROLD S. MASUMOTO, Director Office of State Planning P. O. Box 3540 Honolulu, Hawaii 96811-3540 Attention: Mary Lou Kobayashi RICK J. EICHOR, ESQ. JAMES F. NAGLE, ESQ., Attorneys for Petitioner CERT. Department of the Attorney General 425 Queen Street Honolulu, Hawaii -96813 VIRGINIA GOLDSTEIN, Planning Director CERT. Planning Department, County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 DATED: Honolulu, Hawaii, this 18th day of July 1994. c.,o-~,..~ ESTHER VEDA Executive Officer ~ ~o~\I APPLICATION FOR CHANGE OF ZONE ~ COUNTY OF HAWAII r~ n~. ; / ~ ,''~~~`~c° ~i PLANNING DEPARTMENT ir;, APPLICANT: W• H• Shi man Ltd APPLICANT'S SIGNATURE: ADDRESS: P.O. Boa 950 Keaau, Hawaii 96749 LIST APPLICANT'S INTEREST IF NOT OWNER: Not Applicable LIST PRINCIPAL(S) INCLUDE NAMES OF MAIN OFFICERS: Robert Saunders, President Thomas English Treasurer TELEPHONE-BUSINESS: (808) 966-9325 FACSIIvIII_E: (808) 966-8522 REQUEST: A-20 TO MCX-20 (Existing Zoning) (Proposed Zoning) TAX MAP KEY: (3) 1-6-03: Portion of 7 AREA OF PROPERTY OR AFFECTEll AREA(S) TO BE REZONED: 32.028 Acres LANDOWNER(S): W. H. Shipman, Ltd. OWNER'S SIGNATURE: DATE: 9 2~ 9 (May be by le er) AGENT: William L. Moore ADDRESS: William L Moore Plannin 159 Halal Street Hilo Hawsii 96720 TELEPHONE-BUSINESS: (808) 935-0311 FACSIIvIII,E: (808) 934-0162 Please indicate to whom original correspondence should be sent. ORIGINAL: Robert Saunders COPIES: William L. Moore EXHIBIT r a o Z o - ~o L~ lC v2 O .WILE - ~`KEAAU v~ CAMP AGRICUL~URA,¢:.- ,a'. _ ~ , y'' ~ r ? SHPMAN < ~ _ , BUSINESS "l?AR~~~ - - - ~ - - PROJECT K ~o AREA m V ~ ~C,~, ~ ~ / - ~ ' K - L00 - F#GFiWA - TO rii~o;' 130 ~ o _ ~ ~ ~ %z AY 11 - ~J~. J i KEAAU YPASS ~ ~Q I` ~ ~ V _ ~ ~ ''J ~f - --~r" ~ _ ~ FIGURE KEAAU LANDS LOCATION MAP PurvA olsTRlcr, HawAll PREPARED FOR: W.H. SHIr~AAN, LIMITED, COUNTY ENVIRONMENTAL REPORT PREPARED BY: OKAHARA & ASSOCIATES INC. L~~ \ ~ ~ ~ - ~ _ ~ ' ~ _ / ~ ~ ~ ~ ~RIGIiT lt~ r~~ 0NL11~~ ~ ~ ~ ~ _ ~ PARCH B~~ ~ ~ ~ ~ ~ ~ _ ~t ACRD ~ ~ ~ ~ \ I ~ \ / \ ~ / / \ ~ - ~1 `ter 1 i / ~S ~ ~ ~ V / ~ i . a ~ AR~II- i ~ ~ ~ ~ l l~ _ ~ ~'_~BYPASS ~ ~ ~ 1 ~ ~ h ~ r ~ ~ ~ ~ ~ l ~ i ~ - ` 1 _ ' ~ ~ ~C~~ ~ ~ ~ - ' - J ~'4' \ 1 k - ~ X~ ~ ~ ~ ~ ~ ~ l ~ ~ ~ 1 ~ ~ ~ ~ / ~ ~ ~ t ~ ~ A ~ 1 ~ I ~ / ~ ~ L I~I FIGURE #4 KEAAU LANDS SITE PLAN PuN.a ~ISrRlcr, HawAu PREPARED FOR: W.H. SHIPMAN, LIMITED, COUNTY ENVIRONMENTAL REPORT PREPARED 0Y: OKAHARA & ASSOCIATES INC. }oo ® a ATTACHMENT Commercial, RM, Resort, & Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? YE8 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? 32.028 acres b. Into what lot sizes? 16+ acres 14+ acres and 2+ acres c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? Withia 6 to 12 months If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? J A b. Sell or lease the land to someone who has tentative plans? N/A c. Sell or lease the land to someone who has no plans? N L- d. Keep it? JA e. Other (Please state)