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HomeMy WebLinkAboutCOM 0181.000 2016-2018Harry Kim Mayor CL,-uUUf r of Pajavl* Wil Okabe Managing Director Barbara J. Kossow Deputy Managing Director Of irr of for nvor 25 Aupuni Street, Suite 2603 • Hilo, Hawaii 96720 • (808) 961-8211 • Fax (808) 961-6553 KONA: 74-5044 Ane Keohokalole Hwy., Bldg. C • Kailua-Kona, Hawaii 96740 (808) 323-4444 • Fax (808) 323-4440 COUNTY CLERK COUNTY OF HAWAII RECEIVED Time 23 a.w` By Date 20 1 March 8, 2017 Valerie T. Poindexter, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Poindexter and Members: SUBJECT: Change of Zone Application (REZ 16-000215) Request: A -5a to MCX-20 Applicant: RB2 Investors, LLC Tax Map Key: 6-8-001:058 As required by Chapter 7, Sec. 6-7.5 (a), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Leeward Planning Commission's letter and enclosures regarding the above -referenced request. Since ly, HARRY KINd Mayor MTransCouncilRB2lnvestorsMZ 16-215 Enclosures cc: Planning Department <16.,\k Al� County of Hawaii is an Equal Opportunity Provider and Employer. Comm. No. I SL I Ref. To: PC.- Ref, RatWP„vR_ Harry Kim Mayor MAR 8 2017 County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 Valerie T. Poindexter, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Poindexter and Council Members: SUBJECT: Change of Zone Application (REZ 16-000215) Applicant: RB2 Investors, LLC Request: A -5a to MCX-20 Tax Map Key:6-8-001:058 Keith F. Unger, Chair Collin Kaholo, Vice Chair Nancy Carr Smith Scott Church Perry Kealoha Barbara Nobriga Oliver "Sonny" Shimaoka The Leeward Planning Commission, at its duly held public hearing on February 16, 2017, recommended for your approval the proposed legislative bill for a Change of Zone from a Agricultural -5 acres (A -5a) to a Commercial -Industrial Mixed Use -20,000 square feet (MCX-20) zoning district for approximately 1.756 acres of land. The property is located on 68-148 Ho`ohana Street within the Mauna Lani Resort, Kalahuipua`a, South Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant is requesting to change the zoning district from an Agricultural -5 acres (A -5a) to an Industrial -Commercial Mixed -20,000 square feet (MCX-20) zoning district. The applicant has also submitted a request for a Special Management Area (SMA) Use Permit to modify and incorporate an existing building and parking lot and add two additional buildings and additional parking to support a 20 -unit commercial and light Industrial lease space for businesses, offices, self -storage and a restaurant for approximately 1.756 acres of land. Hawai `i County is an Equal Opportunity Provider and Employer Valerie T. Poindexter, Council Chair and Members of the County Council Page 2 The applicant proposes to develop the project in two phases, with the first to include the incorporation and expansion of the existing 6,667 square ft. building to create eight spaces for lease to local businesses for commercial and light industrial uses, including a restaurant. The applicant is also proposing an additional 1,000 square foot building to be developed as a self -storage business as part of phase one. In addition, the parking lot will be improved and expanded from 21 to 68 parking spaces. According to the applicant, the construction of the first phase will begin within six -months of obtaining the proper permits and cost approximately $1.5 million dollars. The second phase will include a single -story, 8,220 square foot building to accommodate up to ten additional spaces for lease. Based on market conditions, the applicant expects to commence construction of the second phase within 3-5 years after the initial phase is complete. The subject site is part of the Mauna Lani Resort and is in an area designated in the Master Plan for "Service/Light Industrial" and is located across the street from property planned for resort residential development. The applicant believes a change of zone from A -5a to MCX-20 would allow for the development of the subject site into intermediate commercial and light industrial lease space to meet the local demand by businesses in the region. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The change of zone request from an Agricultural -5 acres (A -5a) to an Industrial -Commercial Mixed -20,000 square feet (MCX-20) zoning district conforms to the following goals, policies and standards of the Land Use (Resort, Commercial and Industrial) Elements of the General Plan. The General Plan is 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 goals, policies and standards are set forth to physically plan the lands in the County in the Valerie T. Poindexter, Council Chair and Members of the County Council Page 3 best interest of the island's residents. 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. The proposed Change of Zone will conform to, among others, the goals, policies and standards of the Land Use Land Use (Resort, Commercial and Industrial) Elements of the General Plan: Land Use: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. 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. Land Use Resort: • Promote and encourage the rehabilitation and the optimum utilization of resort areas that are presently serviced by basic facilities and utilities. Land Use: Commercial: • Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. Land Use — Industrial: Industrial -commercial mixed use districts shall be provided in appropriate locations. The requested change of zone conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals Valerie T. Poindexter, Council Chair and Members of the County Council Page 4 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 proposed request conforms to the LUPAG Map, which designates the subject area as resort node. These areas include a mix of visitor -related uses such as hotels, condominium -hotels (condominiums developed and/or operated as hotels), single family and multiple family residential units, golf courses and other typical resort recreational facilities, resort commercial complexes and other support services. Additionally, the subject site is designated in the Mauna Lani Resort Master Plan for "Service/Light Industrial", so the requested zoning designation would be consistent with the Master Plan for the resort. Finally, the South Kohala CDP, which was adopted by the Hawaii County Council by Ordinance No. 08-159 on December 1, 2008. The CDP identifies the Mauna Lani Resort as existing resort development. Based on the above discussion, the requested change of zone conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map for this area and the goals, policies and standards of the Land Use (Resort, Commercial and Industrial) elements of the General Plan. All essential utilities and services are available to the property. Access to the property is from Ho`ohana Street which is a private, two-lane road with approximately 22 feet of asphalt paving within an 80 foot right-of-way. The current pavement width and right-of-way complies with the County's minimum Roadway Standards identified in Section 23-41, Hawaii County Code. As the applicant is requesting a change of zone to Commercial -Industrial Mixed use, they will be required to comply with the Business and Industrial streets standard which is a minimum 36 feet of pavement within a 60 foot right- of-way, which means they will be required to widen the pavement along the entire frontage of the subject property and provide for sufficient shoulder and drainage facilities meeting with Department of Public Works Business and Industrial Streets standard details. To be consistent with the rest of the Mauna Lani resort, the Director will not require concrete curb, gutter, and sidewalk. These requirements will be added as conditions of approval. No specific Traffic Impact Analysis Report (TIAR) was prepared for the subject application. The number of vehicles and traffic caused by this project will increase the current number of vehicles using Ho`ohana Street, which is designed to meet this projected demand. At full build out of the proposed project with twenty commercial lease Valerie T. Poindexter, Council Chair and Members of the County Council Page 5 spaces will likely support thirty employees. Clientele is estimated at two customers per business per hour, for a total of an estimated forty vehicular trips in the AM and PM peak hours. This is approximately the same peak AM and PM traffic flow that was experienced at this parcel when it was operating as a pre-school for nearly twenty years. The estimate of 40 trips is below the 50 vehicular movement threshold for a full Traffic Impact Analysis Report (TZAR), however, to be consistent with the concurrency requirements of the Zoning Code, a condition of approval will require submittal of a TIAR should a different land use be developed that would generate over 50 peak hour trips. The applicant will be responsible for constructing any improvements identified in the TIAR required by the Department of Public Works. According to the Department of Water Supply (DWS), there is an existing 24 -inch waterline within Ho`ohana Street and the parcel is currently serviced by a 1% -inch meter which is limited to an average daily usage of 2,400 gallons, or 6 units of water. DWS requests that the applicant submit estimated maximum daily water usage calculations for the proposed project to determine if additional water and improvements will be required. If additional water is required, the applicant will need to obtain an allocation of water units from Tokyu Corporation, subject to written consent of the Water Board. Finally, the applicant will be required to install a reduced pressure type backflow prevention assembly within five (5) feet of the meter and any other improvements as required by DWS. These requirements will be added as conditions of approval. The Mauna Lani Resort has a privately owned and operated wastewater collection and treatment system and there is a sewer line located alongside Ho`ohana Street fronting the subject property. The applicant plans to either remove an existing septic system that served the former school building and connect to the existing sanitary sewer system, or install an individual wastewater system meeting with the requirements of the State Department of Health. This will be added as a condition of approval. All other essential utilities or services are available to the property. There is no severe geological or topographical problem for the property that . cannot be properly rectified or which would render the land unusable. The property is located in Zone "X", an area determined by FEMA to be located outside of the 500 -year floodplain. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is situated within the Special Management Area. It is located approximately 4,056 feet from the nearest Valerie T. Poindexter, Council Chair and Members of the County Council Page 6 coastline and will not be impacted by coastal hazard and beach erosion. As stated above, the applicant has submitted a concurrent request for a Special Management Area (SMA) Use Permit to allow for the proposed development. There are no identified recreational resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in immediate the area. Thus, the proposed request and use of the property will not adversely impact those resources. It is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property because the property was previously bulldozed, cleared and was developed and previously used as a school site. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Haun and Associates prepared an Archeological Assessment in association with this application. The assessment was prepared for the 0.047 -acre, undeveloped portion of the property located on the southeast side of a chain-link fence surrounding the majority of the property. The report referenced a 1989 archeological study by William Barrera, Jr. of Chinango, Inc. which was prepared for the Use Permit No. 72 to allow for a school. Barrera conducted a reconnaissance survey of the project area which at that time was classified as a portion of TMK: 6-8-001:052, which identified one site in the area, described as a "crude shelter wall and several excavations into the pahoehoe (often referred to as aboriginal scoria quarries)." These features were not mapped or described and the site was not assigned a State Inventory of Historic Places (SIHP) site number. Barrera recommended that the site be preserved and protected by a 15 -ft buffer and that a chain-link fence be built where the buffer zone bounded the school site. Implementation of this buffer and fence satisfied the Use Permit condition for historic site mitigation and memorialized in an undated letter from SHPD to Duane Kanuha, Director of the County of Hawaii Planning. According to this letter, "We believe that [t]his site will be adequately preserved and that the project will have `no effect' on historic sites." The area was subsequently subdivided with the school lot designated as TMK: 6-8-001:058. The fenced area to the property line constitutes the .047 -acre, undeveloped portion of the property that was the subject of Haun and Associates 2016 study. A copy of this Archeological Assessment was submitted to State Historic Preservation Commission (SHPD) for consultation on November 12, 2016 and as of this writing, the Planning Department has not received any response from SHPD. A condition of approval will require that the applicant maintain the previously agreed upon 15 foot -buffer, which encroaches on an .047 -acre portion of the subject property up to the existing chain link fence. Based on the preceding, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Valerie T. Poindexter, Council Chair and Members of the County Council Page 7 The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa `akai O Ka Aina " decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: As stated above, an archeological assessment for a 0.047 -acre, undeveloped portion of the property was included with the application for change of zone. The valued cultural historical and natural resources found in the rezoning area. The majority of the site has been has previously been cleared and used as a school site for 25 years. An archaeological study was conducted in 2016 and found no archaeological or historic sites on the undeveloped portion of the subject property and previous studies have determined that no archaeological or historical resources were found on the property. As such, it is unlikely that there are any valued cultural, historical, and natural resources to be found in the rezoning area. Possible adverse effect or impairment of valued resources: There is no evidence of any possible adverse effects or impairments will occur to any valued resources. Since the property was previously bulldozed and cleared in the past, it is unlikely that any archaeological or historic features exist on the property. Additionally, there is no evidence that the flora in the area are particularly desired or used for cultural practices. Feasible actions to protect native Hawaiian rights: As there is no evidence of any valued cultural, historical, and/or natural resources found on the site, there is no action to be taken. In addition to the preservation buffer condition referenced above, a condition of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered. The applicant shall be required to cease work in the immediate area and contact the Department of Land and Natural Resources — State Historic Preservation Division (DLNR-SHPD). Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its commencement or establishment upon Valerie T. Poindexter, Council Chair and Members of the County Council Page 8 the subject properties. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or_the affected agencies. Based on the above findings, approval of the Change of Zone request from an Agricultural -5 acres (A -5a) to an Industrial -Commercial Mixed -20,000 square feet (MCX-20) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-13 (Puako-`Anaeho`omalu Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval are attached to the draft bill. We are enclosing copies of the staff Background, Planning Director's Recommendation, the Power point presentation and a draft transcript of the hearing for your information. Sincerely, Keith F. Unger, Chairman Leeward Planning Commission LRB2InvestorsREZ 16-2151pc2 Enclosures cc: Roger Harris, Roger Harris Planning RB2 Investors, LLC Department of Public Works Department of Water Supply Department of Land & Natural Resources -HPD Amy Self, Esq. , Corporation Counsel BRB21nvestorsSMA-16-66/REZ16-215.doc 2/6/17 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT R112 INVESTORS, LLC CHANGE OF ZONE APPLICATION (REZ 16-000215) SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION (SMA 16-000066) RB2 Investors, LLC has submitted an application for a Change of Zone from an Agricultural -5 acres (A -5a) to an Industrial -Commercial Mixed -20,000 square feet (MCX-20) zoning district and a Special Management Area (SMA) Use Permit to modify and incorporate an existing building and parking lot and add two additional buildings and additional parking to support a 20 - unit commercial and light Industrial lease space for businesses, offices, self -storage and a restaurant for approximately 1.756 acres of land situated within the Special Management Area. The parcel is located at 68-148 Ho`ohana Street within the Mauna Lani Resort, Waikoloa, South Kohala, Hawaii, TMK: 6-8-001:058. PROPOSED ACTION 1. Applicant's Request: The applicant is requesting to change the zoning district from an Agricultural -5 acres (A -5a) to an Industrial -Commercial Mixed -20,000 square feet (MCX-20) zoning district and a Special Management Area (SMA) Use Permit to modify and incorporate an existing building and parking lot and add two additional buildings and additional parking to support a 20 -unit commercial and light Industrial lease space for businesses, offices, self -storage and a restaurant for approximately 1.756 acres of land situated within the Special Management Area.. The applicant proposes to develop the project in two phases, with the first to include the incorporation and expansion of the existing 6,667 square ft. building to create eight spaces for lease to local businesses for commercial and light industrial uses, including a restaurant. The applicant is also proposing an additional 1,000 square foot building to be developed as a self -storage business as part of phase one. In addition, the parking lot will be improved and expanded from 21 to 68 parking spaces. According to the applicant, the construction of the first phase will begin within six -months of obtaining the proper permits and cost approximately $1.5 million dollars. The second phase will include a single -story, 8,220 square foot building to accommodate up to ten additional spaces for lease. Based on market conditions, the applicant expects to commence construction of the second phase within 3-5 years after the initial phase is complete. (Planning Department Exhibit 1— Change of Zone/Special Management Area Use Permit Application) 2. Reason for the Request: The subject site is part of the Mauna Lani Resort and is in an area designated in the Master Plan for "Service/Light Industrial" and is located across the street from property planned for resort residential development. The applicant believes a change of zone from A -5a to MCX-20 would allow for the development of the subject site into intermediate commercial and light industrial lease space to meet the local demand by businesses in the region. Landowners: The landowner of the property is R132 Investors, LLC. STATE AND COUNTY PLANS 4. State Land Use Designation: Urban. 5. General Plan LUPAG Map: Resort Node. These areas include a mix of visitor -related uses such as hotels, condominium -hotels (condominiums developed and/or operated as hotels), single family and multiple family residential, units, golf courses and other typical resort recreational facilities, resort commercial complexes and other support services. 6. County Zoning: Agricultural — 5 acres (A -5a). The applicant is requesting a Change of Zone to an Industrial -Commercial Mixed -20,000 square feet zoning district. (Planning Department Exhibit 2 — Zoning Code Requirements for Industrial -Commercial Mixed Districts) 7. South Kohala Community Development Plan (SKCDP): The SKCDP was adopted by the Hawaii County Council by Ordinance No. 08-159 on December 1, 2008. The CDP identifies the Mauna Lani Resort as existing resort development. 8. Special Management Area (SMA): The property is located within the SMA, however it is not a shoreline property and is located approximately 4,056 feet from the nearest shoreline. -2- DESCRIPTION OF PROPERTY AND SURROUNDING AREA 9. Subject Property: The subject 1.7 -acre site is relatively flat and rectangular in shape with dimensions of approximately 300 feet along the road frontage and back lot line, and about 250 feet along the side lot lines. The property includes a vacant, 6,667- square foot building, which housed the Mauna Lani School until approximately 2013 when the pre-school and daycare operation closed. The pre-school/daycare facility was permitted in 1990 through Special Management Area Use Permit no. 292 and Use Permit No. 72. Finally, there is an existing parking area with 21 paved parking stalls. 10. Surrounding Zoning/Land Uses: The subject parcel and the lands surrounding it to the east, west, and south are currently zoned Agricultural (A -5a). Zoning across Ho`ohana Street is a mix between Multiple -Family Residential (RM -4) Resort (V-1.25 and Open zoning designations. The subject parcel is part of the Mauna Lani Resort and is located in an area designated in the Mauna Lani Master Plan for "Service/ Light Industrial" use, and is adjacent to a parcel designated for "Resort Service." The properties across the street are planned for resort residential development. The site is surrounded by undeveloped a`a lava lands to the south and east, a 20 -foot wide paved service road to the west, a single -story Administrative Services building, a base yard and associated structures to the north. 11. Agricultural Lands of Importance to the. State of Hawaii (ALISH): Unclassified. 12. Land Study Bureau's Detailed Land Classification System: Existing Urban Development. 13. U.S.D.A. Soil Survey: A`a lava flows (rLV). 14. Flood Zone: Flood Zone "V, an area outside of the 500 -year flood area. 15. Flora/Fauna Resources: The subject site has had irrigated landscaping for 25 years so the plants and trees are mature. The area surrounding the subject property is and and barren lava, which supports limited vegetation, including fountain grass, kiawe and ilima. Animals periodically found in the area include rats, mongoose, feral goats, zebra dove, spotted dove, myna, and Japanese white -eye. No flora or faunal species which are listed -3- or.proposed for threatened or endangered species status have been documented on the subject site in previous environmental studies (Belt Collins 1985, Park 1989). 16. Cultural/Historic/Archaeological Resources: Haun and Associates prepared an Archeological Assessment in association with this application. The assessment was prepared for the 0.047 -acre, undeveloped portion of the property located on the southeast side of a chain-link fence surrounding the majority of the property. The report also referenced a 1989 study by William Barrera, Jr. of Chinango, Inc. which was prepared for the Use Permit for the school. Barrera conducted a reconnaissance survey of the project area, which at that time was classified as a portion of TMK: 6-8-001:052. Barrera identified one site in the area, described as a "crude shelter wall and several excavations into the pahoehoe (often referred to as aboriginal scoria quarries)." These features were not mapped or described and the site was not assigned a State Inventory of Historic Places (SIHP) site number. Barrera recommended that the site be preserved and protected by a 15 -ft buffer and that a chain-link fence be built where the buffer zone bounded the school site. Implementation of this buffer and fence satisfied condition for historic site preservation required by Use Permit No. 72 and was memorialized in an undated letter from SHPD to Duane Kanuha, Director of the County of Hawaii Planning. According to this letter, "We believe that [t]his site will be adequately preserved and that the project will have `no effect' on historic sites." The area was subsequently subdivided with the school lot designated as TMK: 6-8-001:058. The fenced area to the property line constitutes the .047 -acre, undeveloped portion of the property that was the subject of Haun and Associates 2016 study. Haun and Associates found that, "No archeological sites or features are present within the survey area; however, inspection of the adjoining area just outside the survey area to the southeast identified several features previously noted by Barrera (1989) ... The features were not recorded because they are situated outside the survey area. A copy of this Archeological Assessment was submitted to State Historic Preservation Commission -4- (SHPD) for consultation on November 12, 2016 and as of this writing, the Planning Department has not received any response from SHPD. 17. Public Access: There is no public access to the mountains or the shoreline that runs through the property. 18. Scenic Resources: According to the applicant, the view of the shoreline is not obstructed from Queen Ka`ahumanu Highway by the existing school building as the subject parcel is approximately 3,500 feet from the highway where a continuous view of the parcel is not possible due to a 15-20 foot lava ridge which rises from the mauka boundary of the subject site. PUBLIC UTILITIES AND SERVICES 19. Access: Access to the property is from Ho`ohana Street which is a private, two-lane road with approximately 20 feet of asphalt paving within an 80 foot right of way. 20. Traffic: According to the applicant, no specific Traffic Impact Analysis Report (TIAR) was prepared for the subject application. The number of vehicles and traffic caused by this project will increase the current number of vehicles using Ho`ohana Street, which is designed to meet this projected demand and more. At full build out of the proposed project with twenty commercial lease spaces will likely support thirty employees. Clientele is estimated at two customers per business per hour, for a total of an estimated forty vehicular trips in the AM and PM peak hours. This is approximately the same peak AM and PM traffic flow that was experienced at this parcel when it was operating as a pre-school for nearly twenty years. The estimate of 40 trips is below the 50 vehicular movement threshold for a full Traffic Impact Analysis Report as outlined in the concurrency provision in the Zoning Code. 21. Water: According to the Department of Water Supply (DWS), there is an existing 24 - inch waterline within Ho`ohana Street and the parcel is currently serviced by a 1'/z -inch meter, which is limited to an average daily usage of 2,400 gallons, or 6 units of water. DWS is requesting that the applicant submit estimated maximum daily water usage calculations for the proposed project to determine if additional water and improvements -5- will be required. If additional water is required, the applicant will need to obtain an allocation of water units from Tokyu Corporation, subject to written consent of the Water Board. Finally, the applicant will be required to install a reduced pressure type backflow prevention assembly within five (5) feet of the meter and any other improvements as required by DWS. 22. Wastewater: According to the applicant, there is a district wastewater collection and treatment system in the resort that is privately owned and operated with a sewer line located alongside Ho`ohana Street fronting the subject property. While the existing building used a septic system, the applicant plans to connect to the existing sanitary sewer system and remove the existing septic system. The applicant intends to secure wastewater collection and treatment services from this private wastewater company. During subsequent conversations with the applicant, they also intend to explore connecting the development to an individual wastewater system meeting with the requirements of State Department of Health. 23. Solid Waste: According to the applicant, solid waste will be collected on-site by a private hauler and taken to the Pu`uanahulu Landfill. 24. Essential Utilities and Services: All essential utilities are available to the property. AGENCY COMMENTS 25. Department of Water Supply: (Planning Department Exhibit 3 — January 5, 2017 Memo) 26. Fire Department: (Planning Department Exhibit 4 — December 22, 2016 Letter) 27. Department of Land and Natural Resources -Engineering Division: (Planning Department Exhibit 5 — December 15, 2016 Memo) 28. Department of Health: (Planning Department Exhibit 6 — December 19, 2016 Memo) AGENCIES -NO COMMENTS/OBJECTIONS 29. Department of Environmental Management, Police Department, Department of Land and Natural Resources -Land Division -6- AGENCIES -NO RESPONSE 30. Department of Public Works, Department of Health -Solid Waste Division, Department of Land and Natural Resources -State Historic Preservation Division, South Kohala Traffic Safety Committee PUBLIC COMMENTS 31. As of this writing, the Planning Department has not received any written comments or objections from the general public or adjacent landowners on the subject application. -7- Roger Harris Plannin '�16 0123 -PM 2 ?5 P.O. Box 803 ;',� '; :i� . ,; i 4ENT HAWAII Kamuela, HI 96743 808-987-5182 rogerharris@dtnhawaii.net November 22, 2016 Mr. Duane Kanuha, Director Planning Department County of Hawaii 101 Pauahi Street Hilo, HI 96720 RE: Request for a Change of Zone from AgSa to MOX -20 at Mauna Lani Resort Request for SMA Permit Owner: R62 Investors LLC Land Area: 1.7 acres TMK: (3) 6-8-001:058 Dear Mr. Kanuha, Submitted herewith is an application for change of zone and an application for an SMA Permit for a 1.7 acre parcel of land at Mauna Lani Resort. The site is developed with a 6,667 square foot building built in 1990 and used as Mauna Lani School until approximately 2013 when the school and day care operation closed. The new owner, Mr. Cory Redding of 1162 Investors LLC, plans to remodel the existing building Into a commercial space and rent out space to local businesses. Eventually a second and third building would be added providing approximately 16,000 sf of mixed commercial uses and self -storage. The completed application forms and required materials are attached. Please contact myself or Mr. Redding at any time for answers to questions or for further information. My phone number is 987-5182 VeryTruly Yours, Roger Harris Cc. Mr. Cory Redding Attachments O 108674 Planning Dept. Exhibit DESCRIPTION OF LOT 7 Of "MAUNA LANI RESORT -PHASE V -PART B Being a Portion of File Pian 2100 BEiNG A PORTION OF ALL THAT CERTAIN PARCEL OF LAND DESCRIBED AS LOT 7, BEING A PORTION OF ROYAL PATENT NUMBER 5671, LAND COMMISSION AWARD 8521-B, APANA 1 TO G.D. HUEU, SITUATE, LYING AND BEING AT WAIKOLOA, DISTRICT OF SOUTH KOHALA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII Beginning at a found "MAG" nail for the Southwest corner of this herein described parcel of land, being also a comer of Lot C, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 14,940.20 feet North and 25,570.74 feet West and thence running by azimuths measured clockwise from true South: Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, with the following six (6) courses: 1. 145' 29'00" 271.64 feet along tot C, to a found spike at the South line of Hochana Street; . 2. 247' 04' 00" 0.25 feet along Hoohana Street to a set %" Iron rebar; Thence along a curve to the left with a radius of 1030.00 feet, the chord azimuth and distance being: 3. 241' 11'30" 210.86 feet along Hoohana Street, to a found W Iron pipe; 4. 235' 19'00" 90.00 feet along Hoohana Street, to a found Y" iron pipe for the Northeast corner of this herein described parcel of land; S. 325' 19'00" 250.00 feet along Lot A, to a found "MAG" nail for the Southeast comer of this herein described parcel of land; 6. 5s' 19' 00" 300.00 feet along Lot 31 and Lot C, to the point of beginning and containing an area of 1.756 Acres, more orless. 0,5 U. PA7r T's0?, Prepared by: Z UCENSED PATTISON LAND SURVEYING INC. PRO LAND NAL KAiLUA, HAWAII * SURVEYOR No.1o743 DATED: October 28h, 2016 THOMAS G. PATTISON Licensed Professional Land Surveyor Certificate Number 10743, expires 4/30/2018 1 TOPOGRAPHIC MAP SHOWING EXISTING CONDITIONS UPON LOT NO. 7 of " MAUNA LANI RESORT -PHASE V " File Plan 2100 / Being a Portion of File Plan 2100 at Waikoloa, South Kona, County of Hawaii ;.',l,t, Island of Hawaii and State of Hawaii z3s la'. " TMK No. (3) 6-8-001:058 WAttI rt - Jil ICY G = c 5dv+vu` "-I C a�'c+� tY 1tcsd`Dc ��� N01f rrW,15 0r- PZIM1.11N PeMVCG `� oo� J`aN hdA %f ? I'.tY, S1'S FtA C ` A(tt utrrKaftrr:rrn rliety<;r �4� ` / -. xW Ca.rkal.i !p,(INPl7t5Ac.GWric N01E PJ t X71MUM5 & 05fAN(1 !J<E `kJG1^N 8 PPW"'PI'17 rICF�C7N Z�t'1; LJ V\Ci' �• i � r� s;,,� 5 v v��� �� f 'r � �✓ (N A C,GCYWL, GIrt0ol'i VOLVr / / x GI.J Jt,1 NOTES: vll rIW P'K-'1Y C.PP ` 1161111 *�1) Boundary encroachments were found as shown & mapped hereon, Hca 2) No violations of County zoning set- r o +t back codes were found. 3) The distances shown between the property lines & the features, shown s hereon, are based on selected found boundary monuments & acceptable'r V, rs,•< tolerances for properties of this type. 4) The features, shown hereon, were located by an actual survey performed on the ground on December 15th, 2015. 5) See accompanying report pertaining 1101' C to setbacks and encroachments. 61241 9I& 6) CRM = Concrete, Rock & Masonry Wall. Setback Lines are shown from current data, but should be verified by builder. The description on this plat was provided to us by the client, and does not guarantee ownership, and should be compared to your Deed. Abstract or Certificate of Tide. All building restrictions. building lines and easements may of may not be shown, check your Deed, Abstract, T1 tie Report, and local ordinances, no responsibility Is assumed by Surveyor. Compare all points before building by same and report any discrepancy at once. Dimensions are shown in feet and decimal parts thereof, no dimension is to be assumed by scaling. y yb`� �\ claw 0T NO. 7 'K• r \ \a \� ''V' r. i 1 756 Ac,K. ^h Of C Lor A 5.01 < lv_, i 0. yr / / \�y�,� FGL,yC Lor v0. n rid +N Hrn-11=Pci�S TRUE NORTH 11 SCALE ONE INCH EQUALS 50.00 FEET 50 0 50 1. _._.Yll/OLJ.rf j Z'I1/7 �� Graphical Scale is in Feet = CGI c. rt E,_� CKlf`.h1eLL M_LCo ETA Hit: cm VJl:1t;" far nr _ ,n1,vrt GJ�413 5a ILIt.BYNU,C I, Thomas G. Pattison, do hereby certify that this map is an accurate representation of a survey as made on the ground, by me, or under my direct supervision and that there are no apparent or visible encroachments or easements, known to me, except as shown and mapped hereon. -COPY- THOMAS G. PATTISON h.AS IV'1_ KJQNtHawaii License No. 10743 wa r.r f UL N'tJ°J December 16th, 2015, Revised August 19th, 2016--]ob 16318 11.. qv.?vf.es Nath ^c r...__...._..__._-_.__. _..___..-.---_..._.............. _____ --- ------- --- _._ 25 North Kaniku ive - Unit 906 PATTISON LAND SURVEYING, INC. Kam�elaHawaii 96743DPhone 327-9439 -717-7-1--- .. .. Final Environmental Impact Statement: Revised Master Plan for Mauna Lani Resort South Kohala, Hawaii, (Belt, Collins & Associates, 1985, p. I1-8) APPLICATIONS TO HAWAII COON 'Ja TAENT �y HAWAII CHANGE OF ZONE (A -5a TO MCX-20) AND SPECIAL MANAGEMENT AREA USE PERMIT APPLICANT: RR2 INVESTORS LLC KALAHUIPUA`A, SOUTH KOHALA, HAWAII, TMK: (3) 6-8-001:058 Prepared for: RB2 Investors LLC Prepared by: Roger Harris and MCS International November 2016 SPECIAL MANAGEMENT AREA USE PERMIT 7lTi�I `I `I2 34 COUNTY OF HAWAII PLANNING DEPARTMENT f'i AI ;iii: ,� :"i: '.�? fh ;=NT (Type or legibly print the requested information) vUIJfV f'r' if- fi/%VV,411 APPLICANT: R132 Investors LLC APPLICANT'S SIGNATURE: —DATE:(o ADDRESS: Mr. Cory Reddi anager 2837 22nd STreet, &.E., Suite 155 Salem, Oregon 97302 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: Mr. Cory Redding, Manager PHONE:(Bus.) 503-581-0048 (Res.) (Fax) 503-581-7468 LANDOWNER(S): R132 Investors LLC LANDOWNER SIGNATURE(S): Letterattached DATE: (Maybe by letter) LANDOWNER(S) ADDRESS: See above REQUEST: Modify and incorporate an existing building and parking lot into a 20 -unit intermediate commercial and light industrial lease space for local businesses, offices and restaurant. TAX MAP KEY: (3) 6-8-001:058 ZONING: MCX-20 SIZE OF PROPERTY OR AFFECTED AREA(S): 1.756 acres AGENT: Roger Hams ADDRESS: P.O. Box 803, Kamuela, HI 96743 TELEPHONE: (Bus.) 808-987-5182 (Res.) NIA (Fax) NIA Please indicate to whom original correspondence and copies should be sent. ORIGINAL: RDW (-%orris COPIES:_ Cor4j Red&iaa CHANGE OF ZONE APPLIC�'�Ql�i3 34 rP:? ENT COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: R132 Investors LLC APPLICANT'S SIGNATURE: DATE:. 912-& (P ADDRESS: Mr. Cory Redding, Manager 2837 22nd Street, S.E., Suite 155 Salem Oregon, 97302 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: Mr. Cory Redding, Manager PHONE:(Bus.) 503-58,1-0048 (Res.) (Fax) 503-581-7468 LANDOWNER(S): R82 Investors LLC LANDOWNER SIGNATURE(S). Letter attached DATE: (May be by letter) LANDOWNER(S) ADDRESS: See above REQUEST: Ag -5a TO MCX—LO TAX MAP KEY: (Existing zoning) (3) 6-5-001:058 (Proposed Zoning) STREET ADDRESS OF PROPERTY: 68-148 Ho'ohana Street SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 1.756 acres AGENT: Roger Harris ADDRESS: P.O. Box 803, Kamuela, HI 96743 TELEPHONE:(Bus.) 808-987-5182 (Res.) N/A (Fax) NIA Please indicate to whotn original correspondence and copies should be sent. ORIGINAL: dog er P arr sCOPIES:_ C°rL ATTACHMENT Comm emial RM, R esoz4 6 bdustzsl PLANNING DEPARTMENT COUNTY 0 F HAWAII APPLINATDN FOR CHANGE OF ZONE 1. kyourzequestis appmved, do you intend tD subdiviie the subjctland n accozdance wish the appmved change ofzone? lEyes,11pase answerthe mstofquesthn Iand then b quesm 3. a. How m any acnes ofthe xquested ansa do you intend in subdiriie? b. IntD whatbtshes? C _ iEyourmquestb approved, appmxin a" how bng aiterthe date ofappmvaldo you expecttD subm $ yoursubdirsbn plans b the Planning Depad hent brpm an many appmvar Ifyou intend tD subdi» de, please subm is prem► mazy schem atb subd &bn plan tDgetherw ih yourchange of zone appkathn bzm . 2. Ifyou nave no fan plans ofsubdi dung the sub:jectama, do you intend tD: a. Selorlease the land tD som eone who has flan plans? b. SeItorbase the land to someone who has tentative plans? C . S ellorbase the land b som eone who has no plans? C1. Keep 32 e. other �base state) No subdivision N/A N/A N/A We plan to develop and lease commercial area/bays Ifyou fitend to do elhera,b, orc,pbase ebborate on the knd ofphns the otherparty has. P base, alio, ncbde ii youranswerappmxin ateiy how soon after appmvalofyourmzonng do you expectto tiansferthe subj'ctbnd to anotherparty. We do not intend to sell the property. Within six months of approval, we intend to convert to commercial use consistent with MCX zoning. 3. W hatspecife bu%ng pons do you have brthe subj'ctbnd? hclide it youranswerthe ib1bwiig:type ofbu>fing (apatft ent, ofibe, launderette, etc.); fnancng anangem ent; tm etabb firconsbuct hn; and any other:hfomm atnn w hrh you helm ththelp us h evabat hg yourmquest Please see attached plans for renovating the existing building, and in a future phase, developing an additional building on the parcel. The buildings will be configured to lease commercial space to local businesses. Financing will be provided by the developer. Construction will start within six months of approval. We intend to open for commercial tenants within 18-24 months. 4. H ave you peibmm ed any study w hz;h w ouli dem onstrate a need br yourpmposed buflibg and/brdevebpm ent2 Yes Kso,pbase ebbomte on yourfndags ii the space pmviied bebw. The developer has analyzed the local market conditions and trends and believes there is market demand for MCX uses by lessees in local businesses. This commercial space Is complementary to the high-end commercial space located 114 mile away in a nearby shopping center. MCX uses include businesses that are not able to locate In the nearby shopping center. -2- 5. Have you peibm ed any study wh b dscusses the envi run entalmpacts yourmquestw ouli nave on the sumundhg area and/brthe County'? X Ifso, pbase ebboiat on yourfndings n the spaoe pmviied bebw . The most recent EIS performed for this area was in 1985, entitled Final EIS Mauna Lan! Resort Revised Master Plan. This parcel is part of the area analyzed in the Final EIS as commercial/light industrial uses and resort services. The parcel has already been developed. In 1990, a preschool building and parking lot was established. The preschool operated for many years. Since the school was closed, the buildings have remained vacant. 6. Am thele anybulibgs on the subj�ctama? ffso, whatknd? Yes Single -story building, 4856 square feet in area with 466 square feet perimeter area. Exterior wall is wood. Frame type is wood. W hatdo you iitend to do wih those buklings iEyour mquestk appmved? Once renovated, we intend to lease out commercial spaces to local businesses. 7. Is the subj ct nd cuuent� beiig used forany agfcuhva1acbv1 ? No iEso,pbase bstthe keds ofpmducts gmwn on and how m any squaw feetoracres ofhnd perpmduct:2 -3- 8. To yourknow ]edge, has them been any lbodi3g and/or dmiiage pmbbm on the sub:�-ctama? Ifso, phase descabe the pmbbm . 9. Do you thhk thatthe mads badhg tD the subj-.ctama needs in piovem ent2 ffso, whatknd? No p1n. Ts the mad adequate forthe pmposed tuft vo3im e orbad? Yes 10. W hatsoytofgovemm entalassstanoe andbrin pmvem ents do you teelwiZlbe needed in the sub:�-ctama when devebped? -4- Yes tO a. Schools X b. Roads X C. Sewer X d. D ia:hage X X e. Police Pmtectbn X £ Fite P mtect hn X g, RecmathnalFacEUes X h. ReemathnalFacalitEs i 0 ther -4- Forihose checked'yes,"phase ebbomte whattype orknds of inpmvem ents andbrassistance are needed. Since there will be numerous commercial enterprises here including a restaurant, police and fire protection services may be needed if an incident occurs. The fire station is located within four miles. Access for police, fire and emergency vehicles is adequate. it . H ave you perfomm ed any hstDit sles study and/orsuivey ofihe subj? t ma? Ifso,whatwem the msulls? Pbase,aho, subm fa copy ofthe study togetherw ih ihs change ofzone supphm ent Yes, attached is a copy of the archaeological survey done by Haun & Associates of the subject parcel in November 2016. The survey results show there were no historic or archeological sites located on the parcel. Sijnatam: Address: P.O. Box 803, Kamuela HI 96743 Tehphone: 808-987-5182 Date: 1l -Z7. -{b -5- 633BAh0A P.D.5194 COUNTY ENVIRONMENTAL REPORT APPLICATIONS FOR CHANGE OF ZONE (A-Sa TO MCX-20) AND SPECIAL MANAGEMENT AREA USE PERMIT APPLICANT: RB2 Investors LLC KALAHUIPUA`A, SOUTH KOHALA, HAWAII, TMK: (3) 6,8-001:058 1. INTRODUCTION: RB2 Investors LLC (Applicant) proposes to modify and incorporate an existing school building and parking lot into 20 unit intermediate commercial and light industrial lease space for local businesses, offices, and restaurant located on a 1.756 acre site (subject site) at 68-148 Ho'ohana Street within Mauna Lan! Resort. In the Mauna Lan! Resort Proposed Master Plan as shown in the Final EIS for the Revised Master Plan for Mauna Lani Resort (Belt, Collins & Assoc., 1985), the subject parcel is designated "Service/Light Industrial" and adjacent to a parcel that is designated "Resort Service." While the State Land Use District is Urban, the underlying County zoning remains A -5a. The applicant is requesting to rezone this parcel from A -5a to MCX-20 to allow for developing it as lease space for a mix of commercial and light Industrial business uses, a type of property which is in demand In the local market. Because the subject site Is in the Special Management Area, the Applicant is also requesting a Special Management Area (SMA) Permit for the project. II. PROJECT LOCATION The subject site consists of 1.756 acres (76,491 square feet) of land within TMK: (3) 6-8-001:058, located at 68-148 Ho'ohana Street in the Mauna Lan! Resort in the Kalahuipua`a ahupua`a, South Kohala, Hawaii. The parcel is located on an existing road, surrounded by resort, resort services, and light industrial uses. See Figure 1 for project location. Ill. PROJECT DESCRIPTION A. Prolect Background: The subject site is part of the Mauna Lani Resort and is in an area designated in the Master Plan for "Service/Light Industrial" and adjacent to a parcel designated "Resort Service" as shown in the Final Environmental Impact Statement for the Revised Master Plan for Mauna Lani Resort, South Kohala, Hawaii (1985). This Final Environmental Impact Statement was accepted by the State Land Use Commission as part of the State Land Use District Boundary Amendment Docket No. A83-583/Mauna Lani Resort, Inc. The subject site is across the street from property planned for resort residential development. The subject site has an existing building of 6,667 square feet that served previously as a pre-school, but is now vacant. There are 21 existing parking spaces. See Figure 2 for existing conditions. This school was developed under a Special Permit granted in 1990. The subject site was included In the Mauna Lani Resort district boundary amendment that designated the parcel as part of the Urban Land Use District. The County Real Property Office designates the subject site in the "Commercial" property class in its records. It is currently zoned Agriculture (A -5a). The applicant believes a change of zone from "A -5a" to "MCX-20" would allow for the development of the subject site into intermediate commercial and light industrial lease space to meet the local demand by businesses in this region. Because the subject site is in the Special Management Area, the applicant is seeking approval of a Special Management Area Permit at the same time as the Change of Zone. B. Proposed Prolect Description: The plan is to develop lease space for intermediate commercial and light industrial uses. The project will Incorporate and expand on the existing 6,667 square ft. building to create eight spaces for lease to local businesses including a restaurant. The project proposes to develop a second building of 1,000 square ft. that will be used as a self -storage business. A third building, single=story with 8,220 square ft., will be built to accommodate up to ten additional spaces for lease. The existing 21 parking spaces will be expanded to a total of 68 parking spaces in the new project. See Figure 3 for the site plan of the proposed project. In Phase One, the first building will have an estimated eight commercial leasing operations including a restaurant. The second building built in the first phase will be used as a self -storage business. An estimated 15 people will be employed at these businesses. Phase two will include the construction of the third building which will add up to ten commercial businesses with similar number of employees. See Figure 4 for the site phasing plan of the proposed project. At full build -out of the proposed project, clientele is estimated at two customers per business per hour, for a total of an estimated forty vehicular trips in the AM and PM peak hours. The existing 21 parking spaces will be expanded to a total of 68 parking spaces to ensure there is sufficient parking space for the lessees, employees, and customers. Vehicular access will be directly from a County -approved private road In Mauna Lani Resort called Ho'ohana Street. C. Project Schedule and Estimated Cost: Construction will start within six months of approval. First phase construction will include renovating the existing building, improving the parking area, and building the self -storage facility building. Second phase construction will include the third building. Second phase timing will depend on market conditions but could be within 3-5 years after the initial phase. Construction cost of the first phase of the project is estimated at $1.5 million dollars. IV. STATE AND COUNTY PLANS FOR SUBJECT SITE A. State Land Use: The subject site is within the State Land Use District designated "Urban." The requested change of zone would allow land uses which are permissible within the Urban Land Use District B. Hawaii County General Pian: The subject site is designated as being within the Mauna Lan! Resort Node. According to the General Plan, the "Resort Node" areas "include a mix of uses such as hotels, condominium hotels (condominium developed and/or operated as hotels), and support services. Intermediate Resort, Minor Resort, and Retreat Resort Areas are Identified as Resort Areas on the LUPAG Map." Therefore, the requested County zoning of MCX-20 for the subject site would be consistent with the uses permitted within.the "Resort Node." C. South Kohala Communitv Develo4ment Plan (SKCDP The South Kohala Community Development Plan (SKCDP) was adopted by the County Council by Ordinance No. 2008-159. The Mauna Lani Resort Node was included by reference in the SKCDP to the LUPAG map in the General Plan. Therefore the requested County zoning and proposed uses of the subject site would be consistent with the SKCDP. D. County Zonina The County zoning of the subject site is A -5a. (See Figure 5) It is considered "Commercial" property class by the County Real Property Office. The rezoning of the subject site to "MCX-20" Is consistent with this property class. E. Special Management Area The site is located within the Special Management Area (SMA). So, the applicant is requesting a Special Management Area Use Permit at the same time as requesting a change of zone. F. Other Plans or Permit Requirements The proposed project would be required to obtain all the necessary construction -related permits and approvals from relevant agencies once this change of zone and SMA Use Permit are approved. V. ENVIRONMENTAL IMPACT ANALYSIS A. General Description: The subject site is 76,491 square feet in area. The dimensions are approximately 300' along the road frontage and back lot line, and about 250' along the side lot lines. There is an existing building of 6,667 square feet that served previously as a pre-school, but is now vacant. There are 21 existing parking spaces. This was developed under a Special Permit granted in 1990. B. Climate. Topographv. Soils, and Agriculture Designation The coastal lands of Lalamilo and Waikoloa ahupua'a are on the leeward side of Hawaii island and are very arid with rainfall averaging less than 10 inches annually. The daily high temperatures range from 77 to 85 degrees with daily lows of 65-70 degrees Fahrenheit. Wind is commonly onshore from mid-morning until just before sunset and offshore from early evening until the following morning. Average wind velocity is about 7-8 knots. However, gusty tradewinds do reach the subject site under certain atmospheric conditions. The subject site and the lands surrounding it are classified Aa lava flows (rLV). While the site has irrigated landscaping with trees, grass and other vegetation, the surrounding a'a lands are primarily without vegetation and surface soils. The unweathered lavas from Mauna Loa are characterized by irregular terrain with lava mounds, ridges, shallow gullies, and small depressions. Ground elevation is about 70-75 feet above mean sea level with a natural east -west slope. A 15-20 foot lava ridge rises along the mauka boundary of the subject site. The subject site has no history of any active agricultural use because of the lack of arable land. These lands are not suitable for agriculture and are unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) system. The soil classification system of the Land Study Bureau designates the site as Class E or "Very Poor." Thus the removal of this site from potential agricultural use is consistent with the agricultural objectives of the County to protect important agricultural lands. As a result, the negative impacts to agriculture in the County resulting from this change of zone should be negligible. C. Natural Hazards 1. Flooding The subject site and surrounding lands are not prone to flooding and area classified on the Flood Insurance Rate Maps (FIRM) as Zone X defined as "areas determined to be outside the 500 year flood plain." Any onsite and offsite drainage percolates into the porous lava. There is one existing drywell in the parking lot. 2. Tsunami The subject site is outside the tsunami inundation zone. Even so, public health and safety can be protected by being aware and using the warning systems and evacuation shelters that are operated by the Civil Defense. 3. Lava flow The subject site Is not at risk for lava flow. The United States Geological Survey (USGS) classifies the site as Lava Flow Hazard Zone 3. Little can be done to protect structures on site from a lava flow. However, public health and safety can be protected by being aware and using the evacuation routes and warning systems that are operated by the Civil Defense. 4. Earthquake The subject site may experience earthquakes and any structure must be designed to meet necessary building codes for earthquake protection. S. Hurricane The subject site may experience hurricanes and any structure must be designed to meet necessary building codes for hurricane protection. Public health and safety can be protected by being aware and using the warning systems and evacuation shelters that are operated by the Civil Defense. 4 D. Man-made Hazards 1. Climate Change and Sea_ Level Rise Being a mile from the shoreline and 75' above mean sea level, there appears to be no risk to the subject site from sea level rise. The site already receives very little precipitation and this is not likely to change with global climate change. 2. Unexploded Ordinance The subject site is located in the former Waikoloa Maneuver Area, which the U.S. Navy and Marines used as an artillery firing range between 1943 and 1946. There are portions of the former Walkoloa Maneuver Area (WMA) that could contain potentially explosive unexploded ordinance (UXO), including munitions, grenades, and artillery shells. The U.S. Army Corps of Engineers has performed multiple investigations and removal operations in the former WMA. Nonetheless, there are still areas that could potentially contain UXO. Since there has already been site work and associated excavations on the subject site and no UXO was reportedly found, it is not likely that any future work with encounter UXO. However, if a potential UXO is found, the U.S. Army Corps of Engineers will be contacted for assistance. E. Flora The subject site has had irrigated landscaping for 25 years so the plants and trees are mature. The arid barren lava landscape surrounding the subject site supports limited vegetation, which Includes fountain grass (Pennisetum setaceum), klawe (Prosopis pallid) and !lima (Sida cordifolia) alongside the road or in cracks and crevices of the lava surface. No flora species which are listed or proposed for threatened or endangered species status have been documented on the subject site in previous environmental studies (Belt Collins 1985, Park 1989). F. Fauna No fauna species which are listed or proposed for threatened or endangered species status have been documented on the subject site in previous environmental studies (Belt Collins 1985, Park 1989). As is common in areas of human activity along the arid South Kohala coast, rats and mongoose are commonly found. Herds of feral goats (Capra hircus Linnaeus) are not common on this area specifically, but may be found periodically as they move in search of food and water. Some birds can be seen on the subject site in the vegetation, and may include the Zebra Dove (Geopelia striata), Spotted Dove (Streptopelia chinensis), Common Myna (Acrldotheres tristls) and Japanese White -eye (Zosterops japonlca). G. Archaeoloelcal. Historical and Cultural Resources In the 1985 Final EIS for the Mauna Lan! Resort, it was stated that no sites of archaeological, historical or cultural importance were found at this subject site. This was based on archaeological surveys done for the Mauna Lan! Resort development included In the "Interpretive and Management Plan for the Historic Resources at Kalahuipua`a" (Science Management Inc., 1982). F1 Subsequently, there was an archaeological reconnaissance survey done by Chiniago, Inc. in 1989. In the Use Permit application for the school building prepared for Mauna Lani Resort by Gerald Park (November 1989), it states: "No cultural features were observed during a site inspection by this author and no features have been recorded on the premise (Historic Site Map, Historic Sites Division; Belt Collins, 1985). An archaeological reconnaissance of the parcel was conducted by Chiniago, Inc. (1989) during which one site — a crude shelter wall and several excavations into the pahoehoe — was found. The site, however, is located in the southeast corner of the subject parcel and will not be affected by construction activities and will be preserved." (Park, 1989, p. 7). The applicant has contracted archaeology firm Haun & Associates to conduct a site survey and prepare an assessment report. Dr. Alan Haun visited the site on September 21, 2016 and is currently preparing the assessment report which will be submitted to the State Historic Preservation Division (SHPD) to obtain a current determination letter regarding the subject parcel. During the site survey of the entire subject parcel including the southeast corner, Dr. Haun reports that he did not observe any archaeological feature on the subject parcel. He concluded that the site mentioned in the Chiniago (1989) report and referenced in the Mauna Lani School Use permit application by Park (1989) was not on the subject parcel, but may be a site located by Dr. Haun on an adjacent parcel mauka of the subject parcel. When the SHPD determination letter is obtained, It will be provided to the Planning Department. H. Surface water andAtroundwater There are no intermittent or perennial streams, surface water bodies, or potable ground water resources on the subject site. Any onsite and offsite drainage percolates into the porous lava. I. Coastal Resources The subject site is located more than a mile from the shoreline and does not contain any coastal resources, including beaches, wetlands, estuaries, or anchialine ponds. A combination of the distance to the shoreline, on-site porous lavas, drywells, and landscaping should effectively prevent erosion and runoff from discharging into offshore waters. J. Air Quality The proposed project should not generate any direct long-term air quality impacts. The only discernable impact would be associated with vehicular traffic to and from the subject site. However, this impact should not be significant, and will be minimized by U.S. E.P.A.'s stringent standards on automobile emissions. During the construction phase, construction -related fugitive dust could affect the area's air quality. Dust control measures will be implemented including watering, covering of open -bed trucks, taking wind directions into consideration when doing earth -moving work on site, and installing groundcover and landscaping as quickly as possible. When completed, all of the required parking area within the subject site will be paved. Landscaping and groundcover will also be installed. Therefore, with the exception of minimal construction dust in the beginning, the long term dust generated by the proposed project should be insignificant. K. Noise Once construction is completed, the operations and activities in the proposed project will not generate much noise, and certainly must comply with the noise restrictions in State and County ordinance. During construction, noise levels will need to be monitored to ensure compliance with noise ordinances. Since the subject site is in a relatively isolated part of the resort, its distance to resort and recreational activities mitigates the potential noise problems for resort users. However, since the Administrative Services building is directly adjacent to the subject site, construction noise may be audible to people Inside the wooden building. This potential adverse noise impact to the adjacent building from construction of the proposed project will be mitigated by the limited duration of construction, and by utilizing best practices in construction management. These best practices include requiring that the Contractor ensure that all noise - producing heavy equipment are properly equipped with mufflers and shall limit working hours to between lam and 4pm Monday through Friday. L. Scenic Resources The view of the shoreline from Queen Kaahumanu Highway is not obstructed by the existing school building and the proposed project will not be substantially different in this regard. The subject site is about 3,500 feet away from the highway and a continuous view of the site from the highway is not possible because of the highway grade, uneven lava landscape, and the 15- 20' lava ridge which rises from the mauka boundary of the subject site. VI. SOCIOECONOMIC CONSIDERATIONS A. Surrounding Land Uses The subject site is part of the Mauna Lanl Resort and is in an area designated in the Master Plan for "Service/Light Industrial" use, adjacent to a parcel designated for "Resort Service." It is across the street from property planned for resort residential development. It has an existing building of 6,667 square feet that served previously as a pre-school, but is now vacant. There are 21 existing parking spaces. The site is surrounded by undeveloped aa lava lands to the south and east, a 20 -foot wide paved service road to the west, and a single -story Administrative Services building and associated structures to the north. A 20 -foot wide easement separates the Administrative Services building site from the subject site. The requested change of zone for the subject site is consistent with the surrounding land uses within the Mauna Lan! Resort Node, which is characterized by an existing and developing mix of hotel, commercial, light industrial and residential land uses. B. Economic Impacts The requested change of zoning would have some economic impact as it would generate short- term employment opportunities for construction -related industries. The applicant estimates that during the construction phase, approximately 25 construction based jobs would be required. There would also be longer term economic impacts as the proposed project would provide lease space for intermediate commercial and light industrial uses. Business owners and employees would be needed to staff the twenty businesses that will eventually be located at the proposed project. These businesses could include retail, offices, workshops, storage, and restaurants. in addition, some employment positions will be created for ground and facility maintenance. An estimated 30 people will be employed at the businesses. The proposed change of zone would also increase the real property tax revenues for the County due to the increased value of the real property and the structures. The business operations in the proposed project will also generate tax revenue to the State in the form of General Excise Taxes on goods and services, and income tax on employment income and corporate income. C. Agricultural Impacts The subject site has no history of any active agricultural use because of the lack of arable land. These lands are not suitable for agriculture and are unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) system. The soil classification system of the Land Study Bureau designates the site as Class E or "Very Poor." Thus the removal of this site from potential agricultural use is consistent with the agricultural objectives of the County to protect Important agricultural lands. As a result, the negative impacts to agriculture in the County resulting from this change of zone should be negligible. VII. INFRASTRUCTURE CONSIDERATIONS A. Roads and Traffic Vehicular access will be directly from a County -approved 20 -foot wide paved private road in Mauna Lani Resort called Ho'ohana Street, which also provides access to numerous other commercial and light industrial activities including the resort services administration building, a base yard, a landscape yard, and a wastewater treatment plant. The number of vehicles and traffic caused by this project will increase the current number of vehicles using Ho'ohana Street, which is designed to meet this projected demand and more. The traffic increase an Kaniku Drive within Mauna Lani Resort will be negligible compared with the total number already in the resort. At full build out of the proposed project with twenty commercial lease spaces will likely support thirty employees. Clientele is estimated at two customers per business per hour, for a total of an estimated forty vehicular trips in the AM and PM peak hours. This is approximately the same peak AM and PM traffic flow that was experienced at this parcel when it was operating as a pre-school for nearly twenty years. The estimate of 40 trips is below the 50 vehicular movement threshold for a full Traffic Impact Analysis Report as outlined in the concurrency provision in the Zoning Code. The existing 21 parking spaces will be expanded to a total of 68 parking spaces reconfigured to ensure there is sufficient parking space for the lessees, employees, and customers. B. Water Hawaii County Department of Water Supply provides potable water to the area through an existing water line on Ho`ohana Street fronting the subject site. From this main water line, water service has been provided to the site through an existing lateral line and water meter since 1990 when it started operating as a school. This water service connection will continue to provide water for uses on this site. The Applicant intends to secure the proposed project's water through the Department of Water Supply. The Applicant will pay the required fees to construct the connection to the water line. All required water system Improvements will be completed as a requirement of the occupancy permit. C. Wastewater There is a district wastewater collection and treatment system in the resort that is privately owned and operated with a sewer line located alongside Ho'ohana Street fronting the subject site. The existing building used a septic system, but the applicant plans to connect to the existing sanitary sewer system and remove the existing septic system. The Applicant intends to secure wastewater collection and treatment services from this private wastewater company. D. Solid Waste During operation of the fully built -out proposed project, solid waste will be collected at the site by a private vendor and taken to the Pu'uanahulu landfill operated by Waste Management, Inc. under contract to Hawaii County. The Applicant plans to integrate recycling into the design and operations of the facilities. This will include the use of green waste on site, on-site sorting of plastics, papers, so they can be transported to recycling stations. The Applicant plans to offer leases to businesses that encourage the lessees to recycle and reuse whatever solid waste is produced by their enterprise. During construction, efforts will be made to recycle and reuse as much of the solid waste generated by the project. The potentially recycled waste would include green waste, wood waste, cardboard, and metals. What cannot be recycled or reused will be taken for disposal at the Pu'uanahulu Landfill. A combination of waste reduction, reuse and recycling should help minimize the disposal of project -generated solid waste at the County landfill. E. Police, Fire Protection and Ememency Response Services - Because this site is already in an urban area, it has access to a wide variety of public services Including police, fire protection and emergency response services. Police services are based in the Waimea Police'Station and provided throughout South Kohala, including Mauna Lani Resort and the subject site. Emergency response and fire protection services are based in the South Kohala Fire Station located near Puako, less than four miles away. Backup services are available from Waikoloa Village, Waimea and Kailua-Kona with response times between 10-30 minutes. The closest hospital is located in Waimea. F. Schools and Parks All of the owners and employees of the businesses in the proposed project are anticipated to come from those already living in the surrounding communities. The project is not intended to have any residents and is not expected to increase the population of the surrounding area. Therefore the project is not anticipated to have any direct impacts on schools or parks. F. Telephone, Cable, Electrical and other utilities Overhead electrical, cable and telephone lines are strung on poles along the mauka side of Ho'ohana Street. VIII. ANALYSIS OF THE IMPACT SIGNIFICANCE A Relationship between local short-term uses of the environment and maintenance and enhancement of long-term Productivity. The site Is currently a vacant building, parking lot and landscaped grounds. The proposed project will transform this unused site into a vibrant center for Intermediate commercial and light industrial enterprises. It will complement and strengthen the existing Mauna Lani Resort community by providing access to local businesses, offices, and restaurants that are not currently available in the existing shopping centers on the resort property. There will be direct and indirect economic benefits from construction and operations of this proposed project. During construction, there will be an estimated 25 jobs. Once operational, the fully leased out space could generate as many as 30 full time positions. In turn, these sales, services and employment will all generate additional tax revenue to the State and County. B. Irreversible and irretrievable Commitment of Resources The subject site is already developed with an existing building, parking lot and landscaped grounds. It is surrounded by hundreds of acres of aa lava field with little vegetation, which is how the subject site first looked before it was developed in 1990. Consequently, the proposed project and change of zone will not make any irreversible and irretrievable commitment of natural resources. The recent archaeological survey did not locate any archaeological sites on the subject parcel. There are no trails through the subject site. C. Mitigation Measures The Applicant intends to obtain permits and construct all on-site infrastructure required for this proposed project, including the on-site drainage system, landscaping, potable water, and wastewater improvements. If there are any inadvertent archaeological, historic, or cultural resource discoveries during any phase of the project, the County Planning Department and SHPD will be contacted and appropriate mitigation measures will be taken before any work Is resumed in the affected area. Landscaping of the subject site will be consistent with the County's landscaping rules. Proper plant selection and effective irrigation systems can minimize demand for Irrigation water. Best management practices will be utilized to prevent any construction waste from entering into coastal waters or groundwater. On-site drainage system improvements will be consistent with all relevant State and County regulations. Reducing solid waste production during construction and operations of this proposed project will be accomplished by a combination of waste reduction, reuse and recycling programs carried out by the Applicant. This should help minimize the amount of project -generated solid waste at the County landfill. 10 D. Alternatives to the Proposed Prosed 1. Development based on existing A -5a zoning If a change of zoning is not approved, then the project developer must develop it for a use that Is permissible under A-Sa zoning, or get a Use Permit. it should be emphasized that the school allowed under the Use Permit on A -5a land is no longer a viable business enterprise. To make the subject site generate revenue with a development that would reuse the existing building and infrastructure, the Applicant would be limited by the permissible uses. Under this alternative scenario, the subject site would not be utilized to its highest and best use, as envisioned by the General Plan and the Resort Node concept of the LUPAG map. 2. Development based on obtaining a Use Permit on A -5a zoned land Since the school is no longer a viable business enterprise, the Applicant would have to obtain another Use Permit for reuse of the building and site if it is to be used for some other purpose not expressly permissible on A-Sa zoned land. The Applicant has already reviewed this list and determined that there was not a compelling business case for a development under this scenario. If there is not development under this scenario, the subject site is certainly not used to Its highest and best use as envisioned by the General Plan and the Resort Node concept of the LUPAG map. 3. Development based on changing zoning to CV (Village Commercial instead of MCX (Industrial — Commercial Mixed), an alternative is to change zoning to CV (Village Commercial). Under this alternative, the permitted uses would be the same as nearby commercial center in Mauna Lani Resort located X mile away. While additional commercial zoned land is a benefit to the local community, it would be in direct competition to the nearby commercial center rather than serving a different complementary market for light industrial and commercial mixed uses. If the subject site were zoned CV (Village Commercial) Instead of MCX (Industrial — Commercial Mixed), the local community would not benefit from the businesses that are contemplated for the proposed project that are not allowed under CV, including self - storage business. 4. Evaluation of Alternatives Since the A-5 zoned land could not be developed for a permissible use before, the previous owner obtained a Use permit to allow the development of a school. Since the school is no longer a viable business enterprise, the Applicant would have to develop the site for only those businesses allowed under A -5a zoning. Or, the Applicant would have to file another Use Permit for reuse of the building and site for some other use allowed under a Use Permit. Keeping the zoning to A-Sa would limit economic activity which would preclude the local community from having the additional employment, access to additional commercial and light industrial businesses, and the benefits of a development that would be complementary and supportive of the existing resort uses in the area. There would also be less tax revenues, including General Excise Tax,. Income tax, and property tax. 11 Under the second scenario, the Applicant would be limited to those uses that are permissible on A-Sa zoned land under a Use Permit. The Applicant has already reviewed this list and determined that there was not a compelling business case for a development under this scenario. If there is no development under this scenario, there would be no benefit to the local community from additional employment, access to additional commercial and light industrial businesses, and the benefits of a development that would complement and support the existing resort uses in the surrounding area. There would also be less tax revenues, including General Excise Tax, income tax, and property tax. Under the scenario of changing the zoning to Village Commercial (CV) Instead of MCX (Industrial — Commercial Mixed), the project would not be positioned well to compete with the nearby commercial center. it would be competing directly for the same tenants and businesses. This proposed project would not be able to differentiate its business offerings from the nearby existing commercial center, which would likely limit the potential growth for the proposed project. Having CV zoning would limit the proposed project from offering different types of businesses to the local community. Having CV zoning does not allow the Applicant to meet the projected demand for commercial lease space in the area for the intermediate commercial and light industrial market. Considering all the alternatives, it appears that none of the alternatives would be more beneficial to the community than the proposed project and requested change of zone. It is also clear that none of the alternatives would better achieve the goals and objectives of the State and County relating to this subject site and surrounding lands of the Mauna Lani Resort than the requested MCX-20 zoning alternative. IX. CONSISTENCY WITH STATE AND COUNTY PLANS AND POLICIES A. General Plan LUPAG Map The subject site is designated on the LUPAG map as being within the Mauna Lani Resort Node. According to the General Plan, the "Resort Node" areas "include a mix of uses such as hotels, condominium hotels (condominium developed and/or operated as hotels), and support services. Intermediate Resort, Minor Resort, and Retreat Resort Areas are identified as Resort Areas on the LUPAG Map." Therefore, the requested County zoning of M0X-20 for the subject site would be consistent with the uses permitted within the "Resort Node." B. General Plan Policies The requested change of zone would be consistent with the relevant goals, policies, and standards of the Land Use and Economic Elements of the General Plan. 12 1. Land Use Element (Resort) a. Goals: • Maintain an orderly development of the visitor industry. • Provide for resort development that maximizes conveniences to its users and optimizes the benefits derived by the residents of the County. • Ensure that resort developments maintain the cultural and historic, social, economic, and physical environments of Hawaii and its people. K Policies: • Promote and encourage the rehabilitation and the optimum utilization of resort areas that are presently serviced by basic facilities and utilities. • Lands currently designated Resort should be utilized before new resorts are allowed in undeveloped coastal areas. • Zoning of resort areas shall be granted when the proposed development is consistent with and incorporates the stated goals, policies and standards of the General Plan. c. Standards: • Designate and allocate future resort areas In appropriate proportion and in keeping with the social, economic, and physical environments of the County. • Evaluate resort areas and the areas surrounding existing resorts to Insure that viable quality resorts are developed and that the surrounding area contributes to the quality, ambience, and character of the existing resorts. • Require developers to provide the basic Infrastructure necessaryfor development d. Standards for a Malor Resort Area: A major resort area Is a self-contained resort destination area that provides basic and supportfacilities for the needs of the entire development Such facilities shall Include sewer, water roads, employee housing and recreational facilities, etc. A major resort area is designated as a Resort node or part of a Resort node on the Land Use Pattern Allocation Guide Map. • Maximum visitor units: 3,000 units • Resort acreage: 90 acres minimum • Active and passive recreation areas: 50 acres minimum. • Either participate in an off-site housing program or a maximum of 640 acres for residential use when otherzoned lands are not available in close proximityfor support use. • The required employee housing ratio and method of provision shall be determined by an analysis of housing needs of each district or relative area and with the adoption of the resort zoning; provided that the ratio shall not exceed one employee unit for every two visitor units built. e. Courses of Action (Resort — South Kohala) • Adequate access, sewer and watersystems, and other basic amenities shall be provided In all areas where higher density uses are allowed. 13 DISCUSSION This requested change of zone would be consistent with these goals, policies, and standards. It would be part of the existing and developing Mauna Lani Resort. Its location is within driving and bicycling distance from all areas within the resort for those residents and visitors at the resort. its location is also convenient to access by those working or patronizing the businesses at the proposed project. The subject site is part of the Mauna Lan] Resort Node. The requested change of zoning would allow for a development that would complement and support the surrounding resort use. it would allow this type of development where it was intended — within the Resort node. All required infrastructure is available to the subject site. Chapter 11 of the Hawaii County Code regarding employee housing and affordable housing requirements does not apply to this proposed project since it would generate less than 100 employees, which is the level at which the requirement is triggered. In addition, the Mauna Lani Resort has already fulfilled Its affordable housing requirements for the resort development itself. 2. Economic Element a. Goals: The relevant coals are: • Provide residences with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. • Economic development and improvement shall be in balance with the physical, social, and cultural environments of the Island of Hawaii. • Strive for diversity and stability in the economic system. • Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. • Strive for an economic climate that provides its residents an opportunityfor choice of occupation. • Strive for full employment: b. Policies: The relevant policies are: • Encourage the development of a visitor industry that is In harmony with the social, physical, and economic goals of the residents of the County. • Require a study of the significant cultural, social and physical Impacts of large developments prior to approval. • The land, water, air, sea, and people shall be considered as essential resources for present and future generations and should be protected and enhanced through the use of economic incentives. • Identify and encourage primary industries that are consistent with the social, physical • Promote a distinctive Identity for the Island of Hawaii to enable government, business and travel industries to promote the County of Hawaii as an entity unique within the State of Hawaii. • Encourage the health/wellness Industry. • Encourage new industries that provide favorable benefit -cost relationships to the people of the County. Benefit -cost relationships include more than fiscal considerations. 14 DISCUSSION: The proposed project would enhance the Mauna Lani Resort node by offering businesses that would complement and support the surrounding commercial, residential and resort uses. The proposed project would provide new direct and indirect jobs for the community. Employment would be increased by the proposed project during construction (with 25 jobs) and during operation with 30 jobs at full build -out. The location of the proposed project is'convenient to service those in the surrounding resort and residential areas of Mauna Lan! Resort. It is also convenient for those who would be owners and employees at the businesses in the proposed project. All of the required infrastructure is already available to the subject site and will not add any further demand on public infrastructure. All structures will be built to comply with the County Zoning Code standards, including building height, setback, parking, landscaping, drainage, etc... 3 Other Elements: Energy, environmental concerns, air pollution, solid waste management, flooding, historic sites, habitat, natural beauty, coastal resources, wastewater system, public facilities. DISCUSSION: There are other policies that are relevant to the proposed project, but in a more indirect way. For example, the project will be designed to be energy efficient to minimize its power and cooling loads, as well as maximize the onsite production of renewable energy. The proposed project seeks to protect environmental protection by minimizing air pollution, protecting water quality, preventing soil pollution, minimizing solid waste disposal, and minimizing noise pollution. The only potential air quality impacts would be from vehicle emissions, so any air pollution impacts from the proposed project would be negligible. All wastewater systems would be approved by the Department of Health. All on-site drainage systems would also be approved. These best management practices will ensure the prevention of pollution to groundwater or surface water. The proposed project would seek to reduce, reuse and recycle its solid waste produced during the construction and operations of the proposed project. This would reduce the amount of project -generated solid waste being disposed in the County landfill. Noise levels will be minimized during construction using best construction practices discussed above. During operations of the proposed project, noise levels are not expected to be noticeable to the surrounding properties. 15 The subject parcel is not in a floodway. If a drainage plan is needed for any site improvements, it will be designed in a manner to protect the property as well as minimize and surface runoff generated by the project. The recent archaeological survey of the subject parcel did not locate any archaeological sites or historic sites. Because the subject parcel has been developed and landscaped from an isolated arid a'a lava flow with little vegetation, the chances of the site serving as a habitat for any rare or endangered plant or animal is not likely. Developments are encouraged to complement the surrounding natural beauty of the area. This proposed project and landscaping will be designed and built as a visually and aesthetically appealing space. The subject site is over a mile from the shoreline. There are no coastal resources on site. The proposed project will have little impact on public facilities. The roadway servicing the proposed project is County -approved private resort road. The water, wastewater, power and cable utilities servicing the proposed project are from private companies. No additional population growth can be attributed to this proposed project. So, the impact on public schools and parks is negligible. C. South Kohala Community Development Plan (SKCDP) The SKCDP outlined five general policies and numerous sub -policies for the South Kohala District relevant to this proposed project. After each general policy is a discussion about how it can be applied to the proposed project. 1. Preserve the culture and sense of place of South Kohala communities. The proposed project is part of the Mauna Lani Resort Node and will be consistent with the sense of place of that community. This sensibility will be incorporated into the project's design, landscaping, lights and signage. 2. Provide for the transportation and circulation needs of the South Kohala community and for commuters to/from South Kohala The proposed project will be accessible by motor vehicle or bicycle. It is located near where people live in the resort areas of Waikoloa, Mauna Lani and Mauna Kea, as well as the communities of Waikoloa Village, Puako and Kawaihae. 3. Provide affordable and workforce housing resources for low and moderate income individuals, families, and for those residents of South Kohala with special needs. This proposed project is not large enough to trigger the affordable housing or workforce housing requirements of a much larger project since it is expected to create less than 100 jobs. Mauna Lani Resort has already met its affordable and workforce housing requirements. 16 4. Develop programs and standards that will protect the South Kohala community from natural hazards, including major storms, flooding, tsunami, lava flows, and wildfires. The design of the proposed project will Incorporate "firewise landscaping principles" including fire resistant and drought tolerant plants. A wildfire response plan will also be developed for the lessees at the proposed project. 5. Develop guidelines and programs that promote environmental stewardship and the concept of sustainability. The proposed project will incorporate designs and practices that minimize water use and electricity use. This would include drought tolerant plants, xeriscaping, energy efficient lighting and cooling systems, and on-site renewable energy production. Drainage systems will be designed to prevent nonpoint source pollution to groundwater or to neighboring properties. D. Zoning if the requested change of zone is approved, the site would be developed into about 20 spaces available for lease to Intermediate light industrial and commercial businesses consistent with the MCX-20 (industrial — Commercial Mixed) zoning. All buildings and associated improvements would be constructed in a manner consistent with the County Zoning Code and applicable state statutes. The Applicant does not currently expect to request any variances from the County Code. E. Special Management Area This section analyzes the consistency of the proposed project with the Special Management Area objectives, policies and guidelines of County Planning Commission Rule No. 9 as well as the Coastal Zone Management Program (HRS Chapter 20SA-2). 1. Recreational Resources: Objective: Provide coastal recreational opportunities accessible to the public. Discussion: Coastal recreation resources and public access to the shoreline will not be affected by this project because it is located about a mile from the shoreline. The development will not interfere with any publicly -owned or used recreation area. 2. Historic and Cultural Resources: Objective: Protect, preserve, and where desirable, restore those natural and man-made historic and pre -historic resources In the coastal zone management area that are significant in Hawaiian and American history and culture. Discussion: No archaeological or cultural resources are known to exist on the building site. The recent archaeological survey just conducted of the subject parcel did not locate any archaeological or historic sites. If subsurface features or artifacts are unearthed during construction, work in the affected area will cease and authorities with the DLNR State Historic Preservation Division will be promptly notified for disposition of the finds. 17 3. Scenic and Open Space Resources: Objective: Protect, preserve, and where desirable, restore or improve the quality of coastal scenic and open space resources. Policies: Insure that new developments are compatible with their visual environment by designing and locating such developments to minimize the alteration of natural landforms and existing public views to and along the shoreline. Discussion: The project would not obstruct the public views to the coastline. The site is about 3,500 feet makai of Queen Ka'ahumanu Highway and is not visible because of the highway grade, the undulating lava landscape, and the 15-20' ridge along the mauka (south) edge of the site. 4. Coastal Ecosystems: Objective: Protect valuable coastal ecosystems from disruption and minimum adverse impacts on all coastal ecosystems. Discussion: Valuable coastal ecosystems found within the Mauna Lan! Resort will not be affected by this project which Is located about a mile from the shoreline, Kalahuipua'a Pond, and the anchialine pools occurring along the coast. There are no wetlands, estuaries, intermittent or perennial streams on the project site. No rare or endangered species of plants or animals have been identified in the vicinity of this site. The combination of the site's distance to the ocean, along with its porous lavas, drywells, and landscaping should effectively prevent erosion and runoff from discharging into off -shore waters. S. Economic Uses: Objective: Provide public or private facilities and improvements important to the State's economy in suitable locations. Discussion: The project lies within the Mauna Lani Resort, which has been developed with a careful plan designed to provide public and private facilities and improvements that benefit the local economy as well as minimize adverse Impacts on the Special Management Area and on the surrounding South Kohala region. This specific project will provide commercial opportunities for economic development in an area where there appears to be a market demand for intermediate commercial and light industrial lease space. 6. Coastal Hazards: Objective: Reduce hazard to life and property from tsunami, storm waves, stream flooding, erosion, and subsidence. Discussion: Flood Insurance Rate Maps (FIRM) designate the site as Zone X (Unshaded) which is defined as areas determined to be outside the 500 year flood plain. 18 --Anscussion: The subject site Is located over a mile from any shoreline or beach. The Proposed project will not have any effect on beach resources. TOPOGRAPHIC MAP SHOWING EXISTING CONDITIONS UPON LOT NO.7 of " MAUNA LANI RESORT -PHASE V " File Plan 2100' Being a Portion of File Plan 2100 at Waikoloa, South Kona, County of Hawaii ,4y Island of Hawaii and State of Hawaii z 909 TMK No. (3) 6-8-001:058 VX NOM-; PA515 CSF AZIMUrd 17MM2 USING 5WJA6F5 RfK 561EM Ate: At 6 CGI"h'54V F614W V 1WVP#V5bVC04Pc1E IU60Ol70W.1..i "l7 NOM &l. AZIMUTH5 ra 1215fANGG5 a %M & MWMP W)TON 1NAdIXXmi71 cli5N NOTES: WO Boundary encroachments were found as shown & mapped hereon. 2) No violations of County zoning set— back codes were found. 3) The disiances shown between the property lines & the features, shown hereon, are based on selected found boundary monuments & acceptable tolerances for properties of this type. 4) The features, shown hereon, were located by an actual survey performed on the ground on December 15th, 2015. 5) See accompanying report pertaining to setbacks and encroachments. 6) CRM = Concrete, Rock & Masonry Wall. Tia,, "'P fit o �•� 1r, / MWAY R�rA. S Expfviltl / ft Qs tom. ,t' 01-11 ^+R ,w. Cur rtoRe�esVwml9 i1 \ l.Of NO, 7 wrwmmay 1,756 A� qhs 4 � CO) S. 5etbeckan0ate Strom from curmntdata. Cwt rtmuW ba vMdkd by bolder, The de3MIxIon tm thlspletwshM provided to us tlY 6. aunt and does not guarantee ownershlp, ami ouldbe rnniparcd toyuu need, Abd,act or Cedlawte WndaAR building renktbla, burldlrtg hoes aw eaumt"Mb may M nW Mtbesnwvrt Check yourDeed,Abssuact Tare RepMC and focal bullmdlr%Vbynnt atWmpatyaasrurnedby5uveyor.CMnparearlp s b in re"t a sg 6ysarrieand tcywn ans tllterepaneyat tmce nlmentlord areshwm in dknennf n into beams rtt d by no airnensbn is to tx euumed byscalkrg 25.570.74 feet West FIGURE 2: EXISTING CONDITIONS TRUE NORTH SCALE ONE INCH EQUALS 5o.00 FEET 50 0 50 Graphical Scale is in Peet � rrE C�7 cRM wrtl. Faw Hrc �h GAIV ( ] WASR �-- I'M arae M. 6NWE fj I, Thomas G. Pattison, do hereby certify that this map Is an accurate representation of a survey as made on the ground, by me, or under my direct supervision and that there are no apparent or visible encroachments or easements, known to Lor C me, except as shown and mapped hereon. 812,x}59 Ac, - OPY- THOMAS G. PATTISON Hawaii License No.10743 December 16th, 2015, Revised August 19th, 2016--3013 16318 a y 0�CRM pR MAY rwpi& Qs tom. ,t' 01-11 ^+R ,w. Cur rtoRe�esVwml9 i1 \ l.Of NO, 7 wrwmmay 1,756 A� qhs 4 � CO) S. 5etbeckan0ate Strom from curmntdata. Cwt rtmuW ba vMdkd by bolder, The de3MIxIon tm thlspletwshM provided to us tlY 6. aunt and does not guarantee ownershlp, ami ouldbe rnniparcd toyuu need, Abd,act or Cedlawte WndaAR building renktbla, burldlrtg hoes aw eaumt"Mb may M nW Mtbesnwvrt Check yourDeed,Abssuact Tare RepMC and focal bullmdlr%Vbynnt atWmpatyaasrurnedby5uveyor.CMnparearlp s b in re"t a sg 6ysarrieand tcywn ans tllterepaneyat tmce nlmentlord areshwm in dknennf n into beams rtt d by no airnensbn is to tx euumed byscalkrg 25.570.74 feet West FIGURE 2: EXISTING CONDITIONS TRUE NORTH SCALE ONE INCH EQUALS 5o.00 FEET 50 0 50 Graphical Scale is in Peet � rrE C�7 cRM wrtl. Faw Hrc �h GAIV ( ] WASR �-- I'M arae M. 6NWE fj I, Thomas G. Pattison, do hereby certify that this map Is an accurate representation of a survey as made on the ground, by me, or under my direct supervision and that there are no apparent or visible encroachments or easements, known to Lor C me, except as shown and mapped hereon. 812,x}59 Ac, - OPY- THOMAS G. PATTISON Hawaii License No.10743 December 16th, 2015, Revised August 19th, 2016--3013 16318 site plan FT. r=. iklauxia Lam, SeaguR St:!hDol Conversioll For M, Investor.- LLC FIGURE 3: SITE PLAN FOR PROPOSED PROJECT M."N. pmo=t tdn.wiAA'Y W((VRdm['�u Gl'i15PY3Ydek &'a;mnntra area aA+en RAd4tts'[e TskBiMi Ww d�dw Yuix ol»puqu. xuvr +MaKlfYfti'iA Ae<Yat6A gFkYi�G'*6lVkbRWtYM 6aWaSYA her+ FT i T---1 12imm Gni Seagufl School Conversion For RR`2 L,%stD,.s LLf- a3vr>A i�ei£. w'n& 3rAfPo iclr+rL.� mmty�YH_cxx� FIGURE 4: SITE PHASING PLAN FOR PROPOSED PROJECT Passe FIGURE 5: SUBJECT SITE ZONING IL HAUN & AssociATEs ARCHAEOLOGICAL, CULTURAL, AND HISTORICAL RESOURCE MANAGEMENT SERVICES PHONE: 808.325.2402 I FAx: 808.325.1520 1 WEB: haunandassociates.com 73-1168 KAHUNA A'O ROAD I KAILUA-KONA HI 96740 November 12, 2016 Project 1340 Dr. Susan Lebo, Archaeology Branch Chief r'7 State Historic Preservation Division Department of Land and Natural Resources C_ =: 601 Kamokila Boulevard, Suite 555 — Kapolei, Hawaii 96707 0 3 Subject: Draft Archaeological Assessment = TMK: (3) 6-8-001:Por. 058, Waikoloa Ahupua'aj , C-5 South Kohala District, Island of Hawaii Cil Dear Dr. Lebo: Enclosed is the subject draft archaeological assessment report for review. Also enclosed are a check for $450,99 and a submittal sheet. " *tea ao If you have any questions, or require additional information, please contact me at (808) 325-2402. Sincerely, Alan E. Haun, Ph.D. Principal Investigator Enclosures: Draft Report, Submittal Sheet, and $50 check (No. 105893) cc: Roger Harris Submittal Sheet for Historic Preservation Review Filling Fees State Historic Preservation Division Department Land and Natural Resources Agency/Firm (Requesting Review): Haun & Associates Contact: Alan Haun November 12, 2016 Phone: (808) 325-2402 Fax: (808) 325-1520 E -Mail: ahaun@haunandassodates.com Address: 73-1168 Kahuna No Road, Kallua-Kona, Hawaii 96740 Title of Report/Plan: Drag Archaeological Inventory Su Y 7MK (3) 6-8-001: Portion 058, Waikoloa Ahupua'a — South Kohala District; Island of Hawaii Island: Hawaii District: South Web Ahu ua°a: VHWWoa TMK rll )1-1-001:0011: (3) 6-&Wl: Por. 058 Acnes a inventoried (hectares): 10.02 hectare I Number of new sites inventoried: 0 Please characterize survey level: Reconnaissance or Intensive Intensive Submitted Plan/Report Fee & Type: (All reports or plans submitted to the SHPD for review shall be accompanied by the appropriate fee in accordance with HAR § 13-2754 and §284-4). Fee Total: $50.00 (Make check payable to "Hawaii Historic Preservation Special Fund") For Office Use Only: Date Received: Payment Method:- cash ethod:Cash _ $ _-- Check: Check No.: Log. No.: Receipt Issued: Check if Report is a Re -Submittal (no fee charged) X $50 Archaeological Assessment $150 Archaeological Inventory Survey Plan $450 Archaeological, Architectural or Ethnographic Survey Report $150 Preservation Plan $25 Monitoring Plan $150 Archaeological Data Recovery Plan $250 Burial Treatment Plan $100 Archaeological Monitoring Report, if resources reported $450 Archaeological Data Recovery Report $450 Ethnographic Documentation Report $25 Burial Disinterment Report $50 Osteological Analysis Report Fee Total: $50.00 (Make check payable to "Hawaii Historic Preservation Special Fund") For Office Use Only: Date Received: Payment Method:- cash ethod:Cash _ $ _-- Check: Check No.: Log. No.: Receipt Issued: Alan E Haun C8A ! Haun & Assoclaaes Hawaii Historic Preservation Special Fund 11/122016 1340 Assessment Review Fee 0 D o 0 o 0 FHB Business 1340 Assess nt Review Fee 0253 OM 67 M U/15) tem+ 105893 50.00 50.00 Ren?n. Report 1340-111216 ARCHAEOLOGICAL ASSESSMENT TMK: (3) 6-8-001: PORTION 058 WAIKOLOA AHUPUXA SOUTH KOHALA DISTRICT ISLAND OF HAWAII HAUN & ASSoGIATES ARCHAEOLOGICAL, CULTURAL, AND HISTORICAL RESOURCE MANAGEMENT SERVICES 73-1168 K4HUNAAb ROAD, KAILUA-KONA HI 96740 PHONE: 808-325-2402 FAX: 808-325-1520 Report 1340-111216 DRAFT ARCHAEOLOGICAL ASSESSMENT TMK: (3) 6-8-001: PORTION 058 WAIKOLOA AHUPUNA SOUTH KOHALA DISTRICT ISLAND OF HAWAII By: Alan E. Haun, Ph.D. and Dave Henry, B.S. Prepared for: Roger Harris RB 2 Investors LLC 3837 22nd Street SE, Suite 155 Salem, Oregon, 97302 November 2016 HAUN & AssociATEs ARCHAEOLOGICAL, CULTURAL, AND HISTORICAL RESOURCE MANAGEMENT SERVICES 73-1168 KAHUNAA'o ROAD, KAILUA-KONA HI 96740 PHONE: 808-325-2402 FAX: 808-325-1520 TM K:(3) 6-8-001: Portion 058 Report No. 1340-111216 MANAGEMENT SUMMARY Haun & Associates has completed an archaeological inventory survey of a 0.047 acre portion of TMK: (3) 6-8-001:058 located in Waikoloa Ahupua'a, South Kohala District, Island of Hawai'i. The objective of the survey was to satisfy historic preservation regulatory review requirements of the Department of Land and Natural Resources -State Historic Preservation Division (DLNR-SHPD), as contained within Hawaii Administrative Rules, Title 13, DLNR, Subtitle 13, State Historic Preservation Rules (2003). No archaeological sites or features were identified during the survey, therefore the project results are reported as an archaeological assessment pursuant to Chapter 13-284-5(b)(5)(A). Cover photo: Overview of survey area (view to southwest) HAUN & ASSOCIATES I ii TM K:(3) 6-8-001: Portion 058 Report No.1340-111216 Contents MANAGEMENTSUMMARY....................................................................................................... ii INTRODUCTION........................................................................................................................1 ProjectArea Description.............................................................................................................1 Methods.....................................................................................................................................7 BACKGROUND.......................................................................................................................... 7 FINDINGS.................................................................................................................................. 9 TRANSLATION OF HAWAIIAN WORDS..................................................................................11 REFERENCES.........................................................................................................................11 APPENDIX A — Undated letter to Planning Department............................................................13 Figures Figure 1. Portion of 1997 USGS 7.5"Anaeho'omalu Quadrangle showing TMK: (3) 6-8-001:058 and survey area .... 2 Figure2. Tax Map Key 6-8-001 showing project area................................................................................................... 3 Figure 3. Aerial view of project area (from Google Earth)............................................................................................ 4 Figure 4. Plan map of TMK: (3) 6-8-001:058 showing survey area............................................................................... 5 Figure S. Overview of survey area showing chain-link fence and dead noupoko (view to southeast) ......................... 6 Figure 6. Southwestern end of survey area showing chain-link fence and pahoehoe lava (view to northwest) ......... 6 Figure 7. Aerial view of project area showing features of Barrera's site (from Google Earth)...................................10 HAUN & ASSOCIATES I iii TMK:(3) 6-8-001: Portion 058 Report No. 1340-111216 INTRODUCTION At the request of Roger Harris on behalf of RB Investors LLC Haun & Associates conducted an archaeological survey of a 0.047 acre portion of the 1.756 acre TMK: (3) 6-8-001:058, located in Waikoloa Ahupua'a, South Kohala District, Island of Hawaii (Figure 1 and Figure 2). The objective of the survey was to satisfy historic preservation regulatory review requirements of the Department of Land and Natural Resources -State Historic Preservation Division (DLNR- SHPD), as contained within Hawaii Administrative Rules, Title 13, DLNR, Subtitle 13, State Historic Preservation Rules (2003). No archaeological sites or features were identified during the survey, therefore the project results are reported as an archaeological assessment pursuant to Chapter 13-284-5(b)(5)(A). This report contains a description of the project area, field methods, a brief background discussion and,a summary of findings. Project Area Description The 0.047 area examined during the project is a linear strip located in the southern portion of the subject parcel that measures 30.3 meters long (northeast by southwest) and 2.9 to 3.5 meters wide (Figure 3). The remainder of Parcel 58 contains the currently unoccupied Seagull Charter School (formerly the Mauna Lani School Site), asphalt driveways, maintained lawns and landscaping. The parcel is located adjacent to Hoohana Street to the south (Figure 4). Parcel 58 is situated approximately 900 meters inland of the shoreline at Pauoa Bay (see Figure 1). The survey area is bordered along the northwest and northeast sides by a chain-link fence and by undeveloped land to the southeast and southwest. This fence is shown on the cover of this report and in Figure 5. The northeastern portion of the survey contains dead noupoko (see Figure 5), with sparse dry grass in the southwestern portion (see cover of report). The terrain in the survey area is relatively level, although there is an a'a lava ridge located adjacent to the area to the southeast. The majority of the survey area contains a'a lava, defined by Sato et al. (1973:34) as a "mass of clinkery, hard, glassy sharp pieces piled in tumbled heaps". A finger of pahoehoe lava extends through the a'a in the southwestern end of the survey area (see Figure 3 and Figure 6). The pahoehoe lava is characterized as, "a billowy, glassy surface that is relatively smooth (1973:34). In some areas however, the surface is rough and broken and there are hummocks and pressure domes" (ibid.). Both flow types are classified as contributing to the watershed. The underlying lava was deposited from Mauna Loa Volcano between 3,000 and 5,000 years ago (Wolfe and Morris 2001:11 and Sheet 1). Annual rainfall in the vicinity of the project area ranges from 204 to 750 mm (8.03 to 29.5 inches; Giambelluca et al. 2013). The mean average temperature in this general area is c. 75 degrees F (usclimatedata.com). There are no water sources within the project area. HAUN & ASSOCIATES 1 1 TM K:(3) 6-8-001: Po rt l on 058 Report No. 1340-111216 Figure 1. Portion of 1991 USGS 9.5''Anaeho'oonalu quadrangle showing TMK: 13168-001:058 and survey area HAUN & ASSOCIATES 12 � ItlMGKAA gaYv PYfi ai n IWtFAK ;. ,•, - O 1• t K A FFILNONA U We6re/3� ...... PM A 0 r / • S 1 rt S o 8W \• �� 0O 6• 0 1 a• •\� j o O ly J \Q G Figure 1. Portion of 1991 USGS 9.5''Anaeho'oonalu quadrangle showing TMK: 13168-001:058 and survey area HAUN & ASSOCIATES 12 TMK:(3) 6-8-001: Portion 058 Report No. 1340-111216 HAUN & ASSOCIATES 3 OD % + HAUN & ASSOCIATES 3 Y C z D (n 0 In M W MAP SHOWING EXISTING CONDITIONS UPON ,. TRUE NORTH LOT NO.7 j of" MAUNA LANI RESORT -PHASE V' File Plan 2100 Being a Portion of File Plan 2100 at Walkoloa, South Kona, County of Hawaii Island of Hawaii and State of Hawaii.19•� ' Bono ;✓.. ;: TMK No. (3) 6-8-001:058 ty w- r' :• ` L! f,.. p A� ba t3'iu�f i • ' ._YGi SC.11:1: n1N. INCH �.dP�j`�nJ�v�1S `m �K� FQUALS 60,00 F -ET MOM, PA56 Or N_I,WMI UEMIM2 `4� V' •lR"'^, .xe�•� �^`. ^ ..,r' [\ t J � A r.� 0 x670 IYI/Z; R1CL13f27H7tYLfIS� C`O ^��� pRIWAY V h'�vF �• C%l !J.0161Y. Or"phla.1 S F c a^uavtsN rf �:�ap y a �k$' [e pull J \\ NOM. PLL AZIMUfNS & rA%A1xe5 itE'JyA11! R Mk'IL01'tl80h1 g11� r2 OU � / yj, s+�l p" `•'ice+ /fJ td , y't,.� � WAQQU3519'.t» r✓+ •-1 \'�jt%'•. ±§� _T IFLfNJ TY1SHf''A" 2U' WI) it. (Omit il —_ r (/ �:Ct �°? 73. �'fJ • ''"c'. "Y!'.. ` e\ \ ?LRROHJtti7U Ll'' aetWAL j iii ^fir a 1` liw>J�✓ yo§ J/. / wv MUTES: pp���t�pp! GGP ` I.gif 'lirkp 1*+ J rst, YlP.tEk 94 1) Boundary oncroachmonts worn I ,,f r J'' ' xj,r - N` \ •htr�" _ found as shown & mopped hereon. to r /.'.'^'` {+ ,y {✓i I �' T», .. �Q t}yrTE 2) No vtnlaffons of county .zoning sot- wP ,au" is" ? • ®` tI i j I I 1 ; '""k' �;; i 401 PI0� �I -•_ (f1(Va bock codes worn taund. f`jr \ ^✓' h t.. JZ y.1 `-'� 1,00051. R. �M INFM-l! 3) The distances shown between the y' ,"prop (•}` enxu H ^e s i hereon, lines & Iho features, shown f (i i �TORkYIpC HIS'OA`.5 i� bound ars based on sateelad tebt. anecovx,m w ?F• yi _ boundary monuments & oacapfabte ,r,puc,r GJ� 1��� t .756 {t4. s,•• loleronceo for pro:,wles of this typo, 'CT, �'a'4;it-.._„ Chain t+i�9�4•tE`9480, 4) The feafures, shown hereon, were �-a..y , T •` j Ionated by an actual sunray portarmcd �`f l� s, l �`, Pn•� sQS' �,. `per",+ ` 1, TherM C,. PotilSon, do hafeby opllry tw this on tM, ground on Osaambar 19th, 2015. "'' `• 4�F'� �,J rlmp is an aawato representation of a sunray as 5) Sous acaompanying report pertaltdrg I-orC � �./// ��=A ,5£ � Mde on the ground, by me, or under my dined to setbooks and encroaalmants. MAN Pr. �9. � � 1�' •9 � supervl5lon and that there am H0 apparent or 6) CRM = Conercro, Rock & Masonry �1"�f :t�`� -`.ff �r (t `h VIsIb4C1#lrraachmants W aaiRneni4, fOWitti bD Wall. irJ�t< i`I „il LOfL rest, oKa:ptshwm and fltappOd hereon. Survey area `l.rLrf,l A — inext tacr.a viva, hw"a.mn sew sur uwa ba vaaka ry earn,. ThoaaaNawnmw+pmwmoro�d r"wiynrecrsncona ear iron j .—�__.__._._... r,_.. pnwrmcceow+an+Re,mmauM per"tmmvro roy"+oce0..�n+aana THOtMS G. PATTlSUN cmrrczmamnrod,roMrn maawwmogx,Kaamx+�xnaman Property corner pin uiu lQUOM rfawvitftrsfy ft 10743 aa iao"a.mmvarimu'Yaammra rri as wrmoewv :Vit,"nPJHWI" December 16th, 2015 -lob 15501 W& tyaeeaMnaa'r.1111=rpemymaua. rlw*1aaeslmimh 11.910 +tt&Ih haiea"dxAWlx.anrera.m ge.57oaef�sy;�,R PATTISCN LAND SURVEYING, INC. ser ez;e;;"r".si{aDr.�a"",3zT-A4}9 mn+dmwlOCeiWo MntllnB. �._ Figure 4. Plan map of TMK: (3) 6-8-001:058 showing survey area TMK:(3) 6-8-001: Portion 058 Report No, 1340-111216 Figure 5. Overview of survey area showing chain-link fence and dead naupako Imew to southeast) Figure 6. Southwestern end of survey area showing chain-link fence and pahoehoe lava (view to northwest) HAUN & ASSOCIATES 16 TMK:(3) 6-8-001: Portion 058 Report No.1340-111216 Methods The survey fieldwork was conducted on November 1, 2016 by Dr. Alan Haun. Approximately one-half labor -day was required to complete the fieldwork portion of the project. The archaeological investigation consisted of a 100% surface examination with the surveyor walking transects spaced 10 -meter apart. Ground surface visibility coverage throughout the project area was fair to excellent. No subsurface testing due to the absence of soil in the survey area. No cultural material was recovered for analysis. BACKGROUND The Land of Waikoloa was once a subdivision of Waimea that was a sub -district of Kohala and included all of the land in the district south of Waikoloa Stream. Waimea was composed of eight subdivisions with the majority of the subdistrict being composed of the 'ili of Waikoloa and Pu'ukapu. The remainder consisted of the 71i of Wai'aka, Lalamilo, 'Anaeho'omalu, Kalahuipua'a, Puak6, and 'Quli. In the 1840s, a political act of the Hawaiian Kingdom government would forever change the land tenure system in Hawai'i and have far-reaching effects on its people. The historic land transformation process was an evolution of concepts brought about by fear, growing concerns of takeovers, and western influence regarding land possession. King Kamehameha 111, in his mid - thirties, was persuaded by his kuhina nui and other advisors to take a course that would assure personal rights to land. All lands were segregated into one of three categories including the "Crown Lands" owned by the occupant of the throne, "Government Lands" controlled by the state, and "Konohiki Lands" controlled by the chiefs and "were all subject to the rights of native tenants" (Chinen 1958:29). The Kuleana Act of 1850 allowed for fee simple land ownership by commoners. In 1846, King Kamehameha III appointed a Board of Commissioners commonly known as the Land Commissioners, to "confirm or reject all claims to land arising previously to the 101h day of December, AD 1845." Notices were frequently posted in The Polynesian (Moffat and Kirkpatrick, 1995); however, the legislature did not acknowledge this act until lune 7, 1848 (Chinen 1958:16; During the Mahele, Waikoloa was deemed Crown Land. Isaac Davis received a large portion of Waikoloa under Land Commission Award (LCA) 8521-8. Waikoloa was sometimes referred to as "Waikoloa Nui" and "Waikoloa Iki", differentiating between the Crown Land and Davis' land, respectively. The Crown Land portion later became known as Lalamilo and Davis' portion as Waikoloa. Excluding LCA 8521-8, no LCAs are present within the project area. Clark (1987) proposed a four zone settlement pattern model for the Kawaihae-Waimea region that is applicable to Waikoloa. The Coastal Zone extends from the coast to as far as 400 meters inland with the majority of sites below 30-45 meters (98-148 ft) elevation. This zone is subdivided into shoreline and inland sub -zones. Shoreline subsistence activities focused on a marine exploitation including fishing, collecting, and salt making. Sites in the Coastal Zone consist of habitation and ceremonial sites, burial structures and agricultural features. HAUN & ASSOCIATES 1 7 TMK:(3) 6-8-001: Portion 058 Report No.1340-111216 The Intermediate Zone extends from the Coastal Zone to between 7.3 and 9.7 km inland at approximately 585 meters (1,919 ft) elevation. The present project area is located within this zone. Subsistence activity was limited to small scale seasonal cultivation of alluvial flats near drainages and bird catching. Archaeological features include short-term occupation sites including midden scatters, fireplaces, small walled shelters, caves, and overhangs, which are typically situated near drainages. The Kula Zone extends from the Intermediate Zone to elevations ranging from 585 meters to 830 meters (1,919-2,722 ft) in elevation, with small sections extending to as much as 975 meters (3,198 ft) elevation. Subsistence activity is dominated by agriculture with two distinct sub -zones. Sub -Zone 1 consists of formal fields, mound complexes, small terraces, modified outcrops, and animal and garden enclosures. Sub -zone 2 is characterized by the absence of formal fields, agricultural activity limited to planting swales and clusters of mounds and modified outcrops. Irrigation ditches occur in both sub -zones. Habitation sites include single use sites, extended and recurrent occupations, and permanently occupied sites. Habitation features include small walled shelters, caves, overhangs, terraces, platforms, and enclosures. Burial features are also present. The Wilderness Zone extends inland from the Kula Zone to the mountain tops. The zone is divided into two sub -zones. Sub -zone 1 consists of areas that were exploited for a variety of resources including, wood, bark, birds, wild plants foods, and fine-grained basalt for tool manufacture. Sub -zone 2 consists of the highest elevation areas that were not economically exploited and largely untouched except for some ritual activity. John Palmer Parker settled in Hawai'i in 1815 and became a renowned bullock hunter (Haun et al. 2003). In 1850, Parker purchased 640 acres of land at Mana near Waimea from the Hawaiian Government. The following year, he purchased an additional 1,000 acres. In 1852, Kamehameha III granted a lease to Parker for the Land of Waikoloa, giving Parker the competitive edge to control the developing ranching industry (Wellmon 1970:75). In the early 1900s, the Parker family acquired Waikoloa and Ouli in fee -simple, giving them 100,000 acres of grazing land. Parker Ranch played a pivotal role in providing beef and mutton to the Armed Forces in Hawai'i during both WWI and WWII. The Waikoloa Maneuver Area, an area of 91,000 acres, was acquired by the U.S. Navy in December 1943 through a license agreement with Richard Smart of Parker Ranch for the sum of $1.00 (Brundage 1971: 109). The training area extended from the ocean to the Pohakuloa Training Area, and from the Waimea-Kawaihae Road to south of the Waikoloa Road. The area was used for military exercises including live ammunition and other explosives. The land was returned to Parker Ranch in September 1946. Numerous archaeological studies have been conducted within the lands of Waikoloa; however, one is of particular relevance to the present project. Barrera (1989) conducted a reconnaissance survey of the project area, at that time classified as a portion of TMK: (3) 6-8-001:052. The area was subsequently subdivided with the school lot designated as Parcel 58. Barrera (1989:2) identified one site in the area, described as a "crude shelter wall and several excavations into the pahoehoe (often referred to as aboriginal scoria quarries)." These features were not HAUN & ASSOCIATES 18 TMK:(3) 6-8-001: Portion 058 Report No.1340-111216 mapped or described by Barrera (1989) and the site was not assigned a State Inventory of Historic Places (SIHP) site number. Barrera recommended that the site be preserved and protected by a 15 ft buffer. The chain-link fence bordering the survey area was supposed to mark the buffer boundary along the school property (see cover of this report, Figure 5 and Figure 6). The proposed 15 ft buffer was memorialized in an undated letter to Duane Kanuha, Director of the County of Hawaii Planning Department from DLNR Chairperson William Paty (File: 90-336, Doc.: 726BE; Appendix A). According to this letter, "We believe that [t]his site will be adequately preserved and that the project will have 'no effect' on historic sites." FINDINGS No archaeological sites or features are present within the survey area; however, inspection of the adjoining area just outside the survey area to the southeast identified several of the features previously noted by Barrera (1989). The location of these features is shown on Figure 7. These consist of a cluster of three pahoehoe excavations, a low wall, and an area of additional pahoehoe excavations located on the pahoehoe lava flow in this area. The cluster of three pahoehoe excavations are the closest features to the survey area situated 7 to 10 meters to the south of the southern corner of the property. The features were not recorded because they are situated outside of the survey area. Inspection of the pahoehoe excavations Indicates they are probable scoria quarries as reported by Barrera (1989). The low wall potentially served as a temporary habitation structure, or may be related to historic hunting activity or World War 11 era military maneuvers at the Waikoloa Maneuver Area. No further archaeological work is recommended because the features of Barrera's (1989) site are situated outside the boundaries of the survey area. HAUN & ASSOCIATES 19 X, TMK:(3) 6-8-001: Portion 058 Report No.1340-111216 TRANSLATION OF HAWAIIAN WORDS' a'a — lava; stony ahupua'o - traditional Hawaiian land unit usually extending from the uplands to the sea 'ill - next in importance to ahupua'a and usually a subdivision of an ahupua'a konohiki — headman of an ohupua'a land division under the chief Kuhina nui - powerful officer in the days of the monarchy MBhele - land division of 1848 ° pahoehoe — Smooth, unbroken type of lava, contrasting with a'a - from wehewehe.org REFERENCES Brundage, L. 1971 Alfred W. Carter HawalTs Dean of Cattlemen and Notes on Hawaiian Livestock. Privately printed, Kamuela, Hawaii. Chinen, Jon J. 1958 The Great Mahele: Hawal'i's Land Division of 1848. University of Hawaii Press, Honolulu. Clark, J. 1987 Thesis: Waimea-Kawaihae, A leeward Hawaii Settlement System. University of Illinois at Urbana -Champaign. DLNR (Department of Land and Natural Resources) 2003 Hawaii Administrative Rules, Title 13. Department of Land and Natural Resources, Subtitle 13, State Historic Preservation Division Rules. Giambelluca, T.W., Q. Chen, A.G. Frazier, J.P. Price, Y. -L. Chen, P. -S. Chu, J.K. Eischeid, and D.M. Delparte 2013 Online Rainfall Atlas of 'Hawai'i. Bull. Amer. Meteor. Soc. 94, 313-316, dol: 10.117S/BAMS-D-11-00228.1. Haun, A., D. Henry and K. McGuire 2003 Archaeological Inventory Survey, DHHL Residential Development at Lalam)lo, South Kohala District, Island of Hawaii (TMK: 6-6-01:10,54 and 77, 6-6-04:12-17). Haun & Associates Report 116-071203 prepared for PBR Hawaii, Hilo. HAUN & ASSOCIATES 111 TM K:(3) 6-8-001: Portion 058 Report No.1340-111216 Moffat, R. M. and Fitzpatrick, G.L. 1995 Surveying the Mahele: Mapping the Hawaiian Land Revolution. Polapalo'dina. Editions Limited, Honolulu. Sato, H.H., E.W. Ikeda, R. Paeth, R. Smythe, and M. Takehiro Jr. 1973 Soil Survey of the Island of Hawaii. U.S. Dept. of Agriculture, Soil Conservation Service and University of Hawaii Agricultural Experiment Station. Washington D.C. Government Printing Office. Speakman, C.E., Jr. 2001 An Informal History of the Hawaiian -island. San Rafael: Pueo Press. U.S. Climate Data website (http://www.usclimatedata.com) Wehewehe.org 2016 Hawai'i Electronic Library -N6 Puke Wehewehe'Olelo Hawal Wellmon, B. B. 1970 The Parker Ranch: A History. UMI Dissertation Services, Ann Arbor, Michigan. Wolfe, E., and J. Morris 2001 Geological Map of the Island of Hawaii. U.S. Department of the Interior. U.S Geological Survey. HAUN & ASSOCIATES 1 12 TMK:J3) 5-8-001: Portion 058 Report No.1340-111216 APPENDIX A — Undated letter to Planning Department Honorable Duane Eanuha, Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Mr. Eanuha: Subjects Special Management Area Use permit Petition 89-14 IIse Permit Application 89-11 Mauna Leal Resort, Inc. Pre-Scbool/Day Care Center Tax Map Rey: 6-8-01: por. 52 Thank you for giving our Department the opportunity to comment on this matter. We have reviewed the materials you submitted and have the following comments. One historic site was identified in an archaeological survey, a small shelter. it is being preserved outside the day care center's fence within a 15 -foot setback. He believe that his site will be adequately preserved and that the project will have 'no effect• on historic sites. if you have any questions, please feel free to call me or Cathy Tilton at our office of Conservation and Environmental Affairs at 548-7837. ^1 cot Historic Preservation Pro HAUN & ASSOCIATES 1 13 101A wOM �» two Reith W. Ahue w+uuu wu.aa .o.o a nauuw STATE CP NAWAH .....r oe►,uaTwe,r ar LAND AND w►TuwaL reeouaua wr.e.mnm eP�nue. r F. d jos Ona.a..rnr IMwM low rwr, REP:oCEA-VIN aOu .raw u� w....en PM we wM w L • „se.rt file: 90-336 - Doc.: 7268E Honorable Duane Eanuha, Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Mr. Eanuha: Subjects Special Management Area Use permit Petition 89-14 IIse Permit Application 89-11 Mauna Leal Resort, Inc. Pre-Scbool/Day Care Center Tax Map Rey: 6-8-01: por. 52 Thank you for giving our Department the opportunity to comment on this matter. We have reviewed the materials you submitted and have the following comments. One historic site was identified in an archaeological survey, a small shelter. it is being preserved outside the day care center's fence within a 15 -foot setback. He believe that his site will be adequately preserved and that the project will have 'no effect• on historic sites. if you have any questions, please feel free to call me or Cathy Tilton at our office of Conservation and Environmental Affairs at 548-7837. ^1 cot Historic Preservation Pro HAUN & ASSOCIATES 1 13 ZONING § 25-5-128 Section 25-5-128. Other regulations. (a) Plan approval shall be required for all new structures and auditions to existing structures in the CV district, except for construction of one single-family dwelling and any accessory buildings per lot. (b) Exceptions to the regulations for the CV district regarding heights, building site areas, building site average widths and yards, may be approved by the commission within a planned unit development. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999; Am. 2005, Ord. No. 05-155, sec. 15,- Am. 5;Am. 2015, Ord. No. 15-33, sec. 4.) Division 13. MCX, Industrial -Commercial Mixed Districts. Section 25-5-130. Purpose and applicability. The purpose of the MCX (industrial -commercial mixed use) district is to allow mixing of some industrial uses with -commercial uses. The intent of this district is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing nonindustrial uses to unsafe and unhealthy environments. This district is intended to promote and maintain a viable mix of light industrial and commercial uses. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-131. Designation of MCX districts. Each MCX (industrial -commercial mixed use) district shall be designated by the symbol "MCX' followed by a number which indicates the minimum land area, in number of thousands of square feet, required for each building site. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-132. Permitted uses. (a) The following uses shall be permitted in the MCX district: (1) Agricultural products processing, minor. (2) Amusement and recreation facilities, indoor. (3) Art galleries, museums. (4) Art studios. (5) Automobile sales and rentals. (6) Automobile service stations. (7) Bars, nightclubs and cabarets. (8) Broadcasting stations. (9) Business services. (10) Car washing. (11) Catering establishments. (12) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (13) Churches, temples and synagogues. 25-113 UNOFFICIAL ADVANCE SHEET - Contains sec(s). affected since publication of Supp. 19 (1-2015) Official revision to be published in 2015 Edition of Code. Planning 'Dept. Exhibit y� § 25-5-132 HAWAII COUNTY CODE (14) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the cleaning agent. (15) Commercial parking lots and garages. (16) Community buildings, as permitted under section 25-4-11. (17) Convenience stores. (18) Crematoriums, funeral homes, funeral services, and mortuaries. (19) Data processing facilities. (20) Display rooms for products sold elsewhere. (21) Equipment sales and rental yards. (22) Farmers markets. (23) Financial institutions. (24) Food manufacturing and processing. (25) Home improvement centers. (26) Ice storage and dispensing facilities. (27) Kennels in sound -attenuated buildings. (28) Laboratories, medical and research. (29) Laundries. (30) Manufacturing, processing and packaging establishments, light. (31) Medical clinics. (32) Meeting facilities. (33) Model homes. (34) Motion picture and television production studios. (35) Offices. (36) Personal services. (37) Photographic processing. (38) Photography studios. (39) Plant nurseries. (40) Public uses and structures, as permitted under section 25-4-11. (41) Publishing plants for newspapers, books and magazines, printing shops, cartographing, and duplicating processes such as blueprinting or photostating shops. (42) Repair establishments, minor. (43) Restaurants. (44) Retail establishments. (45) Sales and service of machinery used in agricultural production. (46) Schools, business. (47) Schools, photography, art, music and dance. (48) Schools, vocational. (49) Self -storage facilities) (50) Telecommunications antennas, as permitted under section 25-4-12. (51) Temporary real estate offices, as permitted under section 25-4-8. (52) Theaters. (53) Utility substations, as permitted under section 25-4-11. (54) Veterinary establishments in sound -attenuated buildings. 25-114 ZONING § 25-5-132 (55) Warehousing. (56) Wholesaling and distribution operations. (b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the MCX district, provided that a use permit is issued for each use: (1) Major outdoor amusement and recreation facilities. (2) Schools. (3) Yacht harbors and boating facilities. (c) Buildings and uses normally considered directly accessory to the uses permitted in this section shall also be permitted in the MCX district. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999; Am. 2003, Ord. No. 03-113, sec. 1; Am. 2011, Ord. No. 11-26, sec. 3; Am. 2012, Ord. No. 12-28, sec. 15.) Section 25-5-133. Height limit. The height limit in the MCX district shall be forty-five feet. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-134. Minimum building site area. The minimum building site area in the MCX district shall be twenty thousand square feet. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-135. Minimum building site average width. Each building site in the MCX district shall have a minimum building site average width of ninety feet. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-136. Minimum yards. The minimum yards in the MCX district shall be as follows: (1) Front yards, twenty feet; and (2) Side and rear yards, none, except where the adjoining building site is in an RS, RD, RM or RCX district. Where the side or rear property line adjoins the side or rear yard of a building site in an RS, RD, RM or RCX zoned district, there shall be a side or rear yard which conforms to the side or rear yard requirements for dwelling use of the adjoining district. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-137. Landscaping of yards. (a) All front yards in the MCX district shall be landscaped, except for necessary access drives and walkways. (b) Any required side or rear yard in the MCX district adjoining a building site in an RS, RD, RM or RCX district, shall be landscaped with a screening hedge not less than forty-two inches in height, within five feet of the property line, except for necessary drives and walkways. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) 25-115 § 25-5-138 HAWAII COUNTY CODE Section 25-5-138. Other regulations. (a) Plan approval shall be required for all new structures and additions to existing structures in the MCX district. (b) Exceptions to the regulations for the MCX district regarding heights, building site areas, building site average widths and yards, may be approved by the commission within a planned unit development. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999; Am. 2015, Ord. No. 15-33, sec. 4.) Division 14. ML, Limited Industrial Districts. Section 25-5-140. Purpose and applicability. The ML (limited industrial) district applies to areas for business and industrial uses which are generally in support of but not necessarily compatible with those permissible activities and uses in other commercial districts. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-141. Designation of ML districts. Each ML (limited industrial) district shall be designated by the symbol "ML" followed by a number which indicates the minimum land area, in thousands of square feet, required for each building site. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-142. Permitted uses. (a) The following uses shall be permitted in the ML district: (1) Agricultural products processing, minor. (2) Airfields, heliports and private landing strips. (3) Animal hospitals. (4) Animal quarantine stations. (5) Aquaculture activities. (6) Automobile and truck storage facilities. (7) Automobile and truck sales and rentals. (8) Automobile service stations. (9) Bakeries. (10) Bars. (11) Broadcasting stations. (12) Car washing. (13) Carpentry, hardwood products and furniture manufacturing and storage establishments. (14) Catering establishments. (15) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (16) Churches, temples and synagogues. (17) Cleaning and dyeing plants. 25-116 UNOFFICIAL ADVANCE SHEET - Contains sec(s). affected since publication of Supp. 19 (1-2015) Official revision to be published in 2015 Edition of Code. DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAV 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 ry January 5, 2017 TO: Mr. Michael Yee, Director Planning Department FROM: Keith K. Okamoto, Manager -Chief Engineer SUBJECT: Special Managemaent Area Use Permit Application (SMA 16-000066) Change of Zone Application (REZ 16-000215) Request: A -5a to MCX-20 Applicant— RB2 Investors, LLC Tax Map Key 6-8-001:058 We have reviewed the subject application and have the following comments and conditions. Please be informed that there is an existing 24 -inch waterline within Ho`ohana Street fronting the subject parcel. The subject parcel is currently served by an existing 1'/ -inch meter (Account No. 840-60550), which is limited to an average daily usage of 2,400 gallons, or 6 units of water. For your information, one unit of water is equal to an average daily usage of 400 gallons. The Department has no objection to the proposed project subject to the applicant understanding and accepting the following conditions: 1. The Department requests that the applicant submit estimated maximum daily water usage calculations for the proposed project, prepared by a professional engineer licensed in the State of Hawaii, for review and approval. The water usage calculations should include the total estimated daily water usage in gallons per day and the estimated peak flow in gallons per minute. Upon acceptance of the water usage calculations, the Department will determine if additional water is required, the appropriate meter size, any facilities charges due, and other requirements for water service. 2. If additional water is required, the applicant will need to obtain an allocation of water units from Tokyu Corporation, subject to written consent of the Water Board. 3. The proposed zoning will require the installation of a reduced pressure type backflow prevention assembly within five (5) feet of the meter on private property. The installation of the backflow prevention assembly must be inspected and approved by the Department before water service can be activated. 4. Subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. ... Water, Our 94ost Precious 12esource ... Ka `GUaiA Kdne .. . The Department of Water Supply is an Equal Opportunity provider and employer. IL Ip Planning Dept. Exhibit_. 4. Mr. Michael Yee, Planning Director Page 2 January 5, 2017 Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070, extension 256. Sincerely yours, Keith K. Okamoto, P.E. Manager -Chief Engineer RQ:dfg copy — RB2 Investors, LLC Mr. Roger Harris Countp of'aWat'i HAWAII FIRE DEPARTMENT 25 Aupuni Street • Suite 2501 • Hilo, Hawaii 96720 (808) 932-2900 • Fax (808) 932-2928 December 22, 2016 TO: MICHAEL YEE, PLANNING DIRECTOR , R FROM: DARREN J. ROSARIO, FIRE CHIEF SUBJECT: Special Management Area Use Permit Application (SMA 16-000066) Applicant: RB2 Investors, LLC Request: Modify and Incorporate an Existing Building and Parking Lot and Add Two Additional Buildings and Additional Parking to Support a 20 -Unit Commercial and Light Industrial Lease Space for Business, Offices, Self -Storage and a Restaurant ' A -5a to MCX-20 Tax Map Key: 6-8-001:058 In regards to the above-mentioned Special Management Area Use Permit application, the following shall be in accordance: NFPA 1, UNIFORM FIRE CODE, 2006 EDITION Note: Hawai `i State Fire Code, National Fire Protection Association 2006 version, with County of Hawaii amendments. County amendments are identified with a preceding "C—" of the reference code. Chapter 18 Fire Department Access and Water Supply 18.1 General. Fire department access and water supplies shall comply with this chapter. For occupancies of an especially hazardous nature, or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or areas where there is an inadequate fire flow, or inadequate fire hydrant spacing, and the AHJ may require additional safeguards including, but not limited to, additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. 18.1.1 Plans. 18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. 18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. Hawai'i County is an Equal Opporhfnity Promder and Einployer. 109074 Plann Exhik Har ry Kimw Darren J. Rosario Mayor Fire Chief Renwick J. Victorino %i'•.. i• �� 0�'N►i D"fy Fire Chief Countp of'aWat'i HAWAII FIRE DEPARTMENT 25 Aupuni Street • Suite 2501 • Hilo, Hawaii 96720 (808) 932-2900 • Fax (808) 932-2928 December 22, 2016 TO: MICHAEL YEE, PLANNING DIRECTOR , R FROM: DARREN J. ROSARIO, FIRE CHIEF SUBJECT: Special Management Area Use Permit Application (SMA 16-000066) Applicant: RB2 Investors, LLC Request: Modify and Incorporate an Existing Building and Parking Lot and Add Two Additional Buildings and Additional Parking to Support a 20 -Unit Commercial and Light Industrial Lease Space for Business, Offices, Self -Storage and a Restaurant ' A -5a to MCX-20 Tax Map Key: 6-8-001:058 In regards to the above-mentioned Special Management Area Use Permit application, the following shall be in accordance: NFPA 1, UNIFORM FIRE CODE, 2006 EDITION Note: Hawai `i State Fire Code, National Fire Protection Association 2006 version, with County of Hawaii amendments. County amendments are identified with a preceding "C—" of the reference code. Chapter 18 Fire Department Access and Water Supply 18.1 General. Fire department access and water supplies shall comply with this chapter. For occupancies of an especially hazardous nature, or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or areas where there is an inadequate fire flow, or inadequate fire hydrant spacing, and the AHJ may require additional safeguards including, but not limited to, additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. 18.1.1 Plans. 18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. 18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. Hawai'i County is an Equal Opporhfnity Promder and Einployer. 109074 Plann Exhik Michael Yee December 22, 2016 Page 2 C— 18.1.1.2.1 Fire Hydrant use and Restrictions. No unauthorized person shall use or operate . any Fire hydrant unless such person first secures permission or a permit from the owner or representative of the department, or company that owns or governs that water supply or system. Exception: Fire Department personnel conducting firefighting operations, hydrant testing, and/or maintenance, and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau personnel. 18.2 Fire Department Access. 18.2.1 Fire department access and fire department access roads shall be provided and maintained in accordance with Section 18.2. 18.2.2* Access to Structures or Areas. 18.2.2.1 Access Box(es). The AHJ shall have the authority to require an access box(es) to be installed in an accessible location where access to or within a structure or area is difficult because of security. 18.2.2.2 Access to Gated Subdivisions or Developments. The.AHJ shall have the authority to require fire department access be provided to gated subdivisions or developments through the use of an approved device or system. 18.2.2.3 Access Maintenance. The owner or occupant of a structure or area, with required fire department access as specified in 18.2.2.1 or 18.2.2.2, shall notify the AHJ when the access is modified in a manner that could prevent fire department access. 18.2.3 Fire Department Access Roads. (*may be referred as FDAR) 18.2.3.1 Required Access. 18.2.3.1.1 Approved fire department access roads shall be provided for every facility, building, or portion of a building hereafter constructed or relocated. 18.2.3.1.2 Fire Department access roads shall consist of roadways, fire lanes, parking lots lanes, or a combination thereof. 18.2.3.1.3* When not more than two one- and two-family dwellings or private garages, carports, sheds, agricultural buildings, and detached buildings or structures 400ft2 (37 m2) or less are present, the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the AHJ. Michael Yee December 22, 2016 Page 3 18.2.3.1.4 When fire department access roads cannot be installed due to location on property, topography, waterways, nonnegotiable grades, or other similar conditions, the AHJ shall be authorized to require additional fire protection features. 18.2.3.2 Access to Building. 18.2.3.2.1 A fire department access road shall extend to within in 50 ft (15 m) of at least one exterior door that can be opened from the outside that provides access to the interior of the building. Exception: 1 and 2 single-family dwellings. 18.2.3.2.1.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13, NFPA 13D, or NFPA 13R, the distance in 18.2.3.2.1 shall be permitted to be increased to 300 feet. 18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft (46 m) from fire department access roads as measured by an approved route around the exterior of the building or facility. 18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13, NFPA 13D, or NFPA 13R, the distance in 18.2.3.2.2 shall be permitted to be increased to 450 ft (137 m). 18.2.3.3 Multiple Access Roads. More than one fire department access road shall be provided when it is determined by the AHJ that access by a single road could be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access. 18.2.3.4 Specifications. 18.2.3.4.1 Dimensions. C— 18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an approved turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family dwellings shall have an unobstructed width of not less than 15 feet, with an area of not less than 20 feet wide within 150 feet of the structure being protected. An approved turn around area shall be provided if the FDAR exceeds 250 feet. C-18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then OR 6 in. C— 18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHJ, provided such increase or reduction does not impair access by the fire apparatus, and approved signs are installed and maintained indicating such approved changes. Michael Yee December 22, 2016 Page 4 18.2.3.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are not adequate to accommodate fire apparatus. C— 18.2.3.4.2 Surface. Fire department access roads and bridges shall be designed and maintained to support the imposed loads (25 Tons) of the fire apparatus. Such FDAR and shall be comprised of an all-weather driving surface. 18.2.3.4.3 Turning Radius. C~ 18.2.3.4.3.1 Fire department access roads shall have a minimum inside turning radius of 30 feet, and a minimum outside turning radius of 60 feet. 18.2.3.4.3.2 Turns in fire department access road shall maintain the minimum road width. 18.2.3.4.4 Dead Ends. Dead-end fire department access roads in excess of 150 ft (46 m) in length shall be provided with approved provisions for the fire apparatus to turn around. 18.2.3.4.5 Bridges. 18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road, it shall be constructed and maintained in accordance with county requirements. 18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. 18.2.3.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by the AHJ. 18.2.3.4.6 Grade. C~ 18.2.3.4.6.1The maximum gradient of a Fire department access road shall not exceed 12 percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a Fire apparatus would connect to a Fire hydrant or Fire Department Connection, the maximum gradient of such area(s) shall not exceed 10 percent. 18.2.3.4.6.2* The angle of approach and departure for any means of fire department access road shall not exceed 1 ft drop in 20 ft (0.3 m drop in 6 m) or the design limitations of the fire apparatus of the fire department, and shall be subject to approval by the AHJ. 18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb cuts extending at least 2 ft (0.61 m) beyond each edge of the fire lane. Michael Yee December 22, 2016 Page 5 18.2.3.4.7 Traffic Calming Devices. The design and use of traffic calming devices shall be approved the AHJ. 18.2.3.5 Marking of Fire Apparatus Access Road. 18.2.3.5.1 Where required by the AHJ, approved signs or other approved notices shall be provided and maintained to identify fire department access roads or to prohibit the obstruction thereof of both. 18.2.3.5.2 A marked fire apparatus access road shall also be known as a fire lane. 18.2.4* Obstruction and Control of Fire Department Access Road. 18.2.4.1 General. 18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any manner, including by the parking of vehicles. 18.2.4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be maintained at all times. 18.2.4.1.3* Facilities and structures shall be maintained in a manner that does not impair or impede accessibility for fire department operations. 18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and barriers in accordance with 18.2.4.2.1 shall not be obstructed by parked vehicles. 18.2.4.2 Closure of Accessways. 18.2.4.2.1 The AHJ shall be authorized to require the installation and maintenance of gates or other approved barricades across roads, trails, or other accessways not including public streets, alleys, or highways. 18.2.4.2.2 Where required, gates and barricades shall be secured in an approved manner. 18.2.4.2.3 Roads, trails, and other access ways that have been closed and obstructed in the manner prescribed by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the owner and the AHJ. 18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted property identified in 18.2.4.2.1. Michael Yee December 22, 2016 Page 6 18.2.4.2.5 Locks, gates, doors, barricades, chains, enclosures, signs, tags, or seals that have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed, tampered with, or otherwise vandalized in any manner. 18.3 Water Supplies and Fire Hydrants 18.3.1 * A water supply approved by the county, capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities or buildings, or portions thereof, are hereafter constructed, or moved into or within the county. When any portion of the facility or building is in excess of 150 feet (45 720 mm) from a water supply on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on- site fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the AHJ. For on-site fire hydrant requirements see section 18.3.3. EXCEPTIONS: 1. When facilities or buildings, or portions thereof, are completely protected with an approved automatic fire sprinkler system the provisions of section 18.3.1 may be modified by the AHJ. 2. When water supply requirements cannot be installed due to topography or other conditions, the AHJ may require additional fire protection as specified in section 18.3.2 as amended in the code. 3. When there are not more than two dwellings, or two private garage, carports, sheds and agricultural. Occupancies, the requirements of section 18.3.1 may be modified by AHJ. 18.3.2* Where no adequate or reliable water distribution system exists, approved reservoirs, pressure tanks, elevated tanks, fire department tanker shuttles, or other approved systems capable of providing the required fire flow shall be permitted. 18.3.3* The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on a fire apparatus access road on the site of the premises or both, in accordance with the appropriate county water requirements. 183.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the fire department. 18.3.5 Private water supply systems shall be tested and maintained in accordance with NFPA 25 or county requirements as determined by the AHJ. 18.3.6 Where required by the AHJ, fire hydrants subject to vehicular damage shall be protected unless located within a public right of way. Michael Yee December 22, 2016 Page 7 18.3.7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned to service. Owners of private property required to have hydrants shall maintain hydrant records of approval, testing, and maintenance, in accordance with the respective county water requirements. Records shall be made available for review by the AHJ upon request. C— 18.3.8 Minimum water supply for buildings that do not meet the minimum County water standards: Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for Firefighting. Buildings 2001- 3000 square feet, shall have a minimum of 6,000 gallons of water available for Firefighting. Buildings, 3001- 6000 square feet, shall have a minimum of 12,000 gallons of water available for Firefighting. Buildings, greater than 6000 square feet, shall meet the minimum County water and fire flow requirements. Multiple story buildings shall multiply the square feet by the amount of stories when determining the minimum water supply. Commercial buildings requiring a minimum fire flow of 2000gpm per the Department of Water standards shall double the minimum water supply reserved for firefighting. Fire Department Connections (FDC) to alternative water supplies shall comply with 18.3.8 (1)- (6) of this code. NOTE: L fir oma ws$� "— 'a1iAft"i-4lY-IiM�II b: 1) In that a single water tank is used for both domestic and firefighting water, the water for domestic use shall not be capable of being drawn from the water reserved for firefighting; 2) Minimum pipe diameter sizes from the water supply to the Fire Department Connection (FDC) shall be as follows: a) 4" for C900 PVC pipe; b) 4" for C906 PE pipe; c) 3" for ductile Iron; d) 3' for galvanized steel. Michael Yee December 22, 2016 Page 8 3) The Fire Department Connection (FDC) shall: a) be made of galvanized steel; b) have a gated valve with 2-1/2 inch, National Standard Thread male fitting and cap; c) be located between 8 ft and 16 ft from the Fire department access. The location shall be approved by the AHJ; d) not be located less than 24 inches, and no higher than 36 inches from finish grade, as measured from the center of the FDC orifice; e) be secure and capable of withstanding drafting operations. Engineered stamped plans may be required; f) not be located more than 150 feet of the most remote part, but not less than 20 feet, of the structure being protected; g) also comply with section 13.1.3 and 18.2.3.4.6.1 of this code. 4) Commercial buildings requiring a fire flow of 2000gpm shall be provided with a second FDC. Each FDC shall be independent of each other, with each FDC being capable of flowing 500gpm by engineered design standards. The second FDC shall be located in an area approved by the AHJ with the idea of multiple Fire apparatus'conducting drafting operations at once, in mind. 5) Inspection and maintenance shall be in accordance to NFPA 25. 6) The owner or lessee of the property shall be responsible for maintaining the water level, quality, and appurtenances of the system. EXCEPTIONS TO SECTION 18.3.8: 1) Agricultural buildings, storage sheds, and shade houses with no combustible or equipment storage. 2) Buildings less than 800 square feet in size that meets the minimum Fire Department Access Road requirements. 3) For one and two family dwellings, agricultural buildings, storage sheds, and detached garages 800 to 2000 square feet in size, and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased to 1000 feet. 4) For one and two family dwellings, agricultural buildings, and storage sheds greater than 2000square feet, but less than 3000 square feet and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased to 500 feet. Michael Yee December 22, 2016 Page 9 5) For buildings with an approved automatic sprinkler system, the minimum water supply required may be modified. If there are any questions regarding these requirements, please contact the Fire Prevention Bureau at (808) 323-4761. DARREN J. ROSARIO Fire Chief , CB/ds DAVID Y. ICE GOVERNOR OF HAWAR F. 'fr; EDRSCO.VN/.17 S AAj.•'•59 N� •y;s1�9 BOARD OF LAN D AND NATURAL RESOURCES i CONMnSSION.ON )YATERRESOURCE • • j MENT ok,ynd and��4 1 '. moo......•..-. ,� q _. p n"®.dG7•p9� STATE OF I1AWAII S�feufHav�" DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION `__ G i - POST OFFICE BOX 621 4c -7-L FTONOU11.11.HAWATi 96R09 r1 rri December 12, 2016 cr c' rn Cr`' t _ -� MEMORANDUM,� _ o c­%cy V TO: DLNR Agencies: _Div. of Aquatic Resources i _Div. of Boating & Ocean Recreation X Engineering Division' Div. of Forestry & Wildlife 1 s Div. of State Parks _Commission on Water Resource Management Office of Conservation & Coastal Lands X Land Division — Hawaii District X H• ric Pre ation iF FROM: Russ . Tsuji, Land Administra r SUBJECT: Special Management Area Use Permit Application (SMA 16-000066); Request: Modify and Incorporate an Existing Building and Parking Lot and Add Two Additional Buildings and Additional Parking to Support a 20 Unit Commercial Light Industrial Lease Space for Businesses, Offices, Self -Storage and Restaurant Change of Zone Application (REZ 16-000215); Request: A -5a to MCX-20 LOCATION: Kalahuipua'a, S. Kohala, Island of Hawaii; TMK: (3) 6-8-001:058 APPLICANT: RB2 Investors LLC Transmitted for your review and comment is information on the above -referenced application. We would appreciate your comments on this application. Please submit any comments by January 3, 2017. If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request, please contact Lydia Morikawa at 587-0410. Thank you. Attachments ( ') We have no objections. ( ) We have no comments. (X) Comments are Attached Signed: r. Print Name: Ci#r# ang. Chmef Pn9ineer Date: 2_ 1 S cc: Central Files 163226 Planning Dept. _. _ - -Exhibit DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION ` i .'l. ;i LD/Russell Tsuji Ref: Special Management Area Use Permit Application SMA 16-000066; Request: Modify and Incorporate an Existing Building and Parking Lot and Add Two Additional Buildings and Additional Parking to Support a 20 -Unit Commercial Light Industrial Lease Space for Businesses, Offices, Self -Storage and Restaurant Change of 'Lone Application (REZ 16-000215); Request: A -5a to MCX-20 COMMENTS The rules and regulations of the National Flood Insurance Program (NFIP), Title 44 of the Code of Federal Regulations (44CFR), are in effect when development falls within a designated Flood Hazard. The owner of the project property and/or their representative is responsible to research the Flood Hazard Zone designation for the project. Flood Hazard Zone designations can be found using the Flood Insurance Rate Map (FIRM), which can be accessed through the Flood Hazard Assessment Tool (FHAT) (http://gis.hawaiinfip.org/FHA'('). Be advised that 44CFR reflects the minimum standards as set forth by the NFIP. Local community flood ordinances may take precedence over the NFIP standards as local designations prove to be more restrictive. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP Coordinators below: o Oahu: City and County of Honolulu, Department of Planning and Permitting (808) 768-8098. o Hawaii Island: County of Hawaii, Department of Public Works (808) 961-8327. o Maui/Molokai/Lanai County of Maui, Department of Planning (808) 270-7253. o Kauai: County of Kauai, Department of Public Works (808) 241-4846. Signed: I CA;,RTY/S/CIYANG, CHIEF ENGINEER Date: / -q/5 1032026. DAVID Y. IGEo VIRGINIA PRESSLER, M.D. GOVERNOR OF HAWAII �♦SE''' ,i✓" /�gs9 ., DIRECTOR OF HEALTH y STATE OF HAWAII DEPARTMENT OF HEALTH P O BOX 916 HILO, HAWAII 96721-0916 m MEMORANDUM DATE: December 19, 2016 ' TO: Mr. Duane Kanuha Planning Director, County of Iiawaii FROM: Eric Honda District Envirkmental Health Program Chief SUBJECT: Special Management Area Use Permit Application (SMA -16-000066) Request: Modify and Incorporate an Existing Building and Parking Lot and Add Two Additional Buildings and Additional Parking to Support a 20 -Unit Commercial and Light Industrial Lease Space for Businesses, Offices, Self -Storage And a Restaurant Change of "Lone Application (REI, -16-000215) Request: A -4a to MCX-20 Applicant: RB2 Investors, I.LC TMK: 6-8-001:058 The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60. 1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements, please contact our Clean Air Branch staff at Ph. 933-0401. The proposed restaurant needs to meet the requirements of Chapter 50, Food Safety Code. Please call our office (Ph. 933-0917) for consultation and additional information. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Planning Dept. Exhibit --Q___ Duane Kanuha December 19.2016 Page 2 of 2 Should there be any questions on this matter, please contact the Department of Health at 933- 0917. We recommend that you review all of the Standard Comments on our website: http•'/IiaN,,aii gov/health/environmental`envy-planning.!Ianduse,Ianduse.htinl. Any comments specifically applicable to this project should be adhered to. The same website also features a Ilealthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State Department of health. The BEWG recommends that state and county planning departments, developers, planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. SMA-16-000066.eh RB2 INVESTORS, LLC SPECIAL MANAGEMENT AREA USE PERMIT NO. 16-000066 CHANGE OF ZONE APPLICATION NO. 16-000215 � o U " �00 ' �~ \ '~' \ -- -'----~- ~ - n SQ G V Q n J Z Q J r Q ry LU Z w LE _ y Y �r � F m r x x 3 , R A-1 Who. tJ* "y �,. 4 s-+*' a _ m s^ 3 ° 2 .w > i r f r s v ' s a • .y 4 n ' f -MWO 1�• Mt a rly _ y Y �r � F m r x x 3 , R A-1 Who. tJ* "y �,. 4 s-+*' a _ m s^ 3 ° 2 .w > i r f THE APPLICANT IS REQUESTING: ■ A CHANGE OF ZONE FROM AN AGRICULTURAL -5 ACRES (A -5A) TO AN INDUSTRIAL -COMMERCIAL MIXED -20,000 SQUARE FEET (MCX-20) ZONING DISTRICT FOR 1.756 ACRES OF LAND. ■ A SPECIAL MANAGEMENT AREA (SMA) USE PERMIT TO MODIFY AND INCORPORATE AN EXISTING, VACANT 6,667 SQ. FT. BUILDING AND PARKING LOT AND ADD TWO ADDITIONAL BUILDINGS AND ADDITIONAL PARKING TO SUPPORT A 20 -UNIT COMMERCIAL AND LIGHT INDUSTRIAL LEASE SPACE FOR BUSINESSES, OFFICES, SELF -STORAGE AND RESTAURANT/CAFE ■ THE APPLICANT PROPOSES TO DEVELOP THE PROJECT IN TWO PHASES. PHASE ONE WILL FOCUS ON THE EXPANSION OF THE EXISTING 6,667 SQ. FT. BUILDING TO CREATE EIGHT (8) COMMERCIAL AND LIGHT INDUSTRIAL SPACES FOR LEASE TO LOCAL BUSINESSES INCLUDING A RESTAURANT/CAFE. ■ THE APPLICANT IS ALSO PROPOSING AN ADDITIONAL 1,000 SQ. FT. BUILDING TO BE DEVELOPED AS A SELF -STORAGE BUSINESS AS PART OF PHASE ONE. THE APPLICANT IS REQUESTING: ■ THE SECOND PHASE WILL INCLUDE A SINGLE -STORY, 8,220 SQUARE FOOT BUILDING TO ACCOMMODATE UP TO TEN ADDITIONAL SPACES FOR LEASE. ■ THE PARKING LOT WILL ALSO BE IMPROVED AND EXPANDED FROM 21 TO 68 PARKING SPACES. ■ CONSTRUCTION OF THE FIRST PHASE IS EXPECTED BEGIN WITHIN SIX MONTHS OF OBTAINING THE PROPER PERMITS AND COST APPROXIMATELY $1.5 MILLION DOLLARS. BASED ON MARKET CONDITIONS, THE APPLICANT EXPECTS TO COMMENCE CONSTRUCTION OF THE SECOND PHASE WITHIN 3-5 YEARS AFTER THE INITIAL PHASE IS COMPLETE. REASON FOR THE REQUEST: ■ THE APPLICANT BELIEVES A CHANGE OF ZONE FROM A -5A TO MCX-20 WOULD ALLOW FOR THE DEVELOPMENT OF THE SUBJECT SITE INTO INTERMEDIATE COMMERCIAL AND LIGHT INDUSTRIAL LEASE SPACE TO MEET THE LOCAL DEMAND BY BUSINESSES IN THE REGION. im ru -kk MIA S"gul ma" -nip m HOOHANA STREET LOOKING WEST PLANNING DIRECTOR'S RECOMMENDATION FAVORABLE RECOMMENDATION WITH CONDITIONS FOR CHANGE OF ZONE & APPROVAL OF THE SMA USE PERMIT WITH CONDITIONS SUBDA >IONS Section X3-41. Minimum right-of-way and pavement widths. tai Unless otherwise indicated on the County general plan the width of a street in feet shall not be leas than the nummums shown rn the following table Minim— Type of Street Right -of --Way Pavement Parkways 300 feet 24 feet Primary artertale 1°0 feet 24 feet `ezondary arterials S0 feet 60 feet (urbaw 24 feet (rural) 24 feet (agricultural) Business & industrial 60 fieet 36 felt (wU* _:rests 24 feet aurab 24 feet lagrwuitural) Minimum Type of Street Right -of -Way Pavement Collector streets 60 feet 24 feet (urban) 0 feet trurab ?0 feet (sgrtcultural) Minor streets 50 feet 20 feet turbans '_'0 feet (rural) "_0 feet (agricultural) Cul-de-sac and dead-end 50 feet 10 feet (urban) street= 20 feet (rural( 20 feet (agrwultural) Radius for turn -around 45 feet 35 feet (urban) sT end of cul-de-sac 35 feet aurab 35 feet (>gricukural) :alleys 20 feet 20 feet (urban) 20 feet trurab 20 feet (agricultural) ,Is) When eidea elks. curbs. and guttere are required. pavements in collector streete in urban areas sha`= be rhuty-sic feet wide and pavements in minor and dead-end streets in urban areas shall be thirty-two feet wide. 1975 C.C., c. 9, arc Z, sec. 4-03(BI.) !'Tit i 2A' '' PRIMARY ARTERIALS l_ e' bio' SECONDARYITFRIALS � L t BUSINESS 8 INDUSTRIAL STS t 4 t i + •u71eAN -10 _� •�2 •.2 l e�� NOTE All R/w •,me, gee. COLLECT R STREETS � f t 34 _ MINOR STREETS 9 CUL -OE -SAC aeE•re Po•ieie Cww Ce•neA�.e•� STREET CROSS SECTIONS WITHOUT SIDEWAI COUNTY Of NAWAw ST WITHOUT SIDEWAREET CROSS LK -33 5TANOAIU j DETAILS i iQ g�w�• gC riE+�•EA Ynw ik d~ i"4iu Ma ,Alm lava Fwatirros of Hnrrora'R P• iAVS Additional excavations, $iNftN w`u!! a RRB21nvestorsREZ16-215.crk-2/6/17 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION RB2 INVESTORS, LLC CHANGE OF ZONE APPLICATION (REZ 16-000215) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that the Planning Commission forward a favorable recommendation for a Change of Zone from an Agricultural -5 acres (A -5a) to an Industrial -Commercial Mixed -20,000 square feet (MCX-20) zoning district for approximately 1.756 acres of land to the Hawaii County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position. This favorable recommendation is based on the following findings: The applicant is requesting to change the zoning district from an Agricultural -5 acres (A -5a) to an Industrial -Commercial Mixed -20,000 square feet (MCX-20) zoning district. The applicant has also submitted a request for a Special Management Area (SMA) Use Permit to modify and incorporate an existing building and parking lot and add two additional buildings and additional parking to support a 20 -unit commercial and light Industrial lease space for businesses, offices, self -storage and a restaurant for approximately 1.756 acres of land. The applicant proposes to develop the project in two phases, with the first to include the incorporation and expansion of the existing 6,667 square ft. building to create eight,spaces for lease to local businesses for commercial and light industrial uses, including a restaurant. The applicant is also proposing an additional 1,000 square foot building to be developed as a self -storage business as part of phase one. In addition, the parking lot will be improved and expanded from 21 to 68 parking spaces. According to the applicant, the construction of the first phase will begin within six -months of obtaining the proper permits and cost approximately $1.5 million dollars. The second phase will include a single -story, 8,220 square foot building to accommodate up to ten additional -1- spaces for lease. Based on market conditions, the applicant expects to commence construction of the second phase within 3-5 years after the initial phase is complete. The subject site is part of the Mauna Lani Resort and is in an area designated in the Master Plan for "Service/Light Industrial" and is located across the street from property planned for resort residential development. The applicant believes a change of zone from A -5a to MCX-20 would allow for the development of the subject site into intermediate commercial and light industrial lease space to meet the local demand by businesses in the region. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The change of zone request from an Agricultural -5 acres (A -5a) to an Industrial -Commercial Mixed -20,000 square feet (MCX-20) zoning district conforms to the following goals, policies and standards of the Land Use (Resort, Commercial and Industrial) Elements of the General Plan. The General Plan is 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 goals, policies and standards are set forth to physically plan the lands in the County in the a best interest of the island's residents. 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. The proposed Change of Zone will conform to, among others, the goals, policies -2- and standards of the Land Use Land Use (Resort, Commercial and Industrial) Elements of the General Plan: Land Use: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • 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. Land Use — Resort: Promote and encourage the rehabilitation and the optimum utilization of resort areas that are presently serviced by basic facilities and utilities. Land Use: Commercial • Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. Land Use — Industrial: Industrial -commercial mixed use districts shall be provided in appropriate locations. The requested change of zone conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. 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 proposed request conforms to the LUPAG Map, which designates the subject area as resort node. These areas include a mix of visitor -related uses such as hotels, condominium -hotels (condominiums developed and/or operated as hotels), single family and multiple family residential units, golf courses and other typical resort recreational facilities, resort commercial complexes and other support services. Additionally, the -3- subject site is designated in the Mauna Lani Resort Master Plan for "Service/Light Industrial", so the requested zoning designation would be consistent with the Master Plan for the resort. Finally, the South Kohala CDP, which was adopted by the Hawaii County Council by Ordinance No. 08-159 on December 1, 2008. The CDP identifies the Mauna Lani Resort as existing resort development. Based on the above discussion, the requested change of zone conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map for this area and the goals, policies and standards of the Land Use (Resort, Commercial and Industrial) elements of the General Plan. .All essential utilities and services are available to the property. Access to the property is from Ho`ohana Street which is a private, two-lane road with approximately 22 feet of asphalt paving within an 80 foot right-of-way. The current pavement width and right-of-way complies with the County's minimum Roadway Standards identified in Section 23-41, Hawaii County Code. As the applicant is requesting a change of zone to Commercial -Industrial Mixed use, they will be required to comply with the Business and Industrial streets standard which is a minimum 36 feet of pavementwithin a 60 foot right-of-way, which means they will be required to widen the pavement along the entire frontage of the subject property and provide for sufficient shoulder and drainage facilities meeting with Department of Public Works Business and Industrial Streets standard details. To be consistent with the rest of the Mauna Lani resort, the Director will not require concrete curb, gutter, and sidewalk. These requirements will be added as conditions of approval. No specific Traffic Impact Analysis Report (TIAR) was prepared for the subject application. The number of vehicles and traffic caused by this project will increase the current number of vehicles using Ho`ohana Street, which is designed to meet this projected demand. At full build out of the proposed project with twenty commercial lease spaces will likely support thirty employees. Clientele is estimated at two customers per business per hour, for a total of an estimated forty vehicular trips in the AM and PM peak hours. This is approximately the same peak AM and PM traffic flow that was experienced at this parcel when it was operating as a pre-school for nearly twenty years. -4- The estimate of 40 trips is below the 50 vehicular movement threshold for a full Traffic Impact Analysis Report (TZAR), however, to be consistent with the concurrency requirements of the Zoning Code, a condition of approval will require submittal of a TIAR should a different land use be developed that would generate over 50 peak hour trips. The applicant will be responsible for constructing any improvements identified in the TIAR required by the Department of Public Works. According to the Department of Water Supply (DWS), there is an'existing 24 - inch waterline within Ho`ohana Street and the parcel is currently serviced by a 1%Z -inch meter which is limited to an average daily usage of 2,400 gallons, or 6 units of water. DWS requests that the applicant submit estimated maximum daily water usage calculations for the proposed project to determine if additional water and improvements will be required. If additional water is required, the applicant will need to obtain an allocation of water units from Tokyu Corporation, subject to written consent of the Water Board. Finally, the applicant will be required to install a reduced pressure type backflow prevention assembly within five (5) feet of the meter and any other improvements as required by DWS. These requirements will be added as conditions of approval. The Mauna Lani Resort has a privately owned and operated wastewater collection and treatment system and there is a sewer line located alongside Ho`ohana Street fronting the subject property. The applicant plans to either remove an existing septic system that served the former school building and connect to the existing sanitary sewer system, or install an individual wastewater system meeting with the requirements of the State Department of Health. This will be added as a condition of approval. All other essential utilities or services are available to the property. There is no severe geological or topographical problem for the property that cannot be properly rectified or which would render the land unusable. The property is located in Zone "X", an area determined by FEMA to be located outside of the 500 -year floodplain. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is situated within the Special Management Area. It is located approximately 4,056 feet from the nearest -5- coastline and will not be impacted by coastal hazard and beach erosion. As stated above, the applicant has submitted a concurrent request for a Special Management Area (SMA) Use Permit to allow for the proposed development. There are no identified recreational resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in immediate the area. Thus, the proposed request and use of the property will not adversely impact those resources. It is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property because the property was previously bulldozed, cleared and was developed and previously used as a school site. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Haun and Associates prepared an Archeological Assessment in association with this application. The assessment was prepared for the 0.047 -acre, undeveloped portion of the property located on the southeast side of a chain-link fence surrounding the majority of the property. The report referenced a 1989 archeological study by William Barrera, Jr. of Chinango, Inc. which was prepared for the Use Permit No. 72 to allow for a school. Barrera conducted a reconnaissance survey of the project area which at that time was classified as a portion of TMK: 6-8-001:052, which identified one site in the area, described as a "crude shelter wall and several excavations into the pahoehoe (often referred to as aboriginal scoria quarries)." These features were not mapped or described and the site was not assigned a State Inventory of Historic Places (SIHP) site number. Barrera recommended that the site be preserved and protected by a 15 -ft buffer and that a chain-link fence be built where the buffer zone bounded the school site. Implementation of this buffer and fence satisfied the Use Permit condition for historic site mitigation and memorialized in an undated letter from SHPD to Duane Kanuha, Director of the County of Hawaii Planning. According to this letter, "We believe that [t]his site will be adequately preserved and that the project will have `no effect' on historic sites." The area was subsequently subdivided with the school lot designated as TMK: 6-8-001:058. The fenced area to the property line constitutes the .047 -acre, undeveloped portion of the property that was the subject of Haun and Associates 2016 study. A copy of this ME Archeological Assessment was submitted to State Historic Preservation Commission (SHPD) for consultation on November 12, 2016 and as of this writing, the Planning Department has not received any response from SHPD. A condition of approval will require that the applicant maintain the previously agreed upon 15 foot -buffer, which encroaches on an .047 -acre portion of the subject property up to the existing chain link fence. Based on the preceding, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa `akai O Ka Aina " decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: As stated above, an archeological assessment for a 0.047 -acre, undeveloped portion of the property was included with the application for change of zone. The valued cultural, historical, and natural resources found in the rezoning area. The majority of the site has been has previously been cleared and used as a school site for 25 years. An archaeological study was conducted in 2016 and found no archaeological or historic sites on the undeveloped portion of the subject property and previous studies have determined that no archaeological or historical resources were found on the property. As such, it is unlikely that there are any valued cultural, historical, and natural resources to be found in the rezoning area. Possible adverse effect or impairment of valued resources: There is no evidence of any possible adverse effects or impairments will occur to any valued resources. Since the property was previously bulldozed and cleared in the past, it is unlikely that any archaeological or historic features exist on the property. Additionally, there is no evidence that the flora in the area are particularly desired or used for cultural practices. Feasible actions to protect native Hawaiian rights: As there is no evidence of any valued cultural, historical, and/or natural resources found on the site, there is no action to be taken. In addition to the preservation buffer condition referenced above, a condition -7- of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered. The applicant shall be required to cease work in the immediate area and contact the Department of Land and Natural Resources — State Historic Preservation Division (DLNR-SHPD). Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, approval of the Change of Zone request from a Agricultural -5 acres (A -5a) to an Industrial -Commercial Mixed -20,000 square feet (MCX-20) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-13 (Puako-`Anaeho`omalu Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval are attached to the draft bill. -8- COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. (� vim•) AN ORDINANCE AMENDING SECTION 25-8-13 (PUAKO-`ANAEHO`OMALU ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL — 5 ACRES (A -5a) TO INDUSTRIAL -COMMERCIAL MIXED — 20,000 SQUARE FEET (MCX-20) AT WAIKOLOA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-8-001:058. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-13, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2016 Edition, as amended) is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Industrial -Commercial Mixed — 20,000 square feet (MCX-20): Beginning at a found "MAG" nail for the Southwest corner of this herein described parcel of land, being also a corner of Lot C, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 14,940.20 feet North and 25,570.74 feet West and thence running by azimuths measured clockwise from true South: Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, with the following six (6) courses: 145° 19' 00" 271.64 feet along Lot C, to a found spike at the South Line of Hoohana Street; 2. 247° 04' 00" 0.25 feet along Hoohana Street to set 1/z" iron rebar; -1- 3. 241 ° 11' 3 0" 4. 235° 19' 00" 5. 325° 19' 00" Thence along a curve to the left with a radius of 1,030.00 feet, the chord azimuth and distance being: 210.86 feet along Hoohana Street, to a found 1/2" iron pipe; 90.00 feet along Hoohana Str6ef t" found 1/z" iron pipe for the Northeast corner of this herein described parcel of land; 250.00 feet along Lot A, to a found "MAG" nail for the Southeast corner of this herein described parcel of land; 6. 55° 19' 00" 300.00 feet along Lot 31 and Lot C, to the point of beginning and containing an area of 1.756 Acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with. Section 25-2-44, Hawaii County Code 1983 (2016 Edition, as amended), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS -2- t SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII -3- RM -4 A -5a TOPEN 5� NO A -5a 14,940.20'N 25,570.74'W "PU'U HWAT' Q� �J 2 �Q- AGRICULTURAL - FIVE ACRES (A -5a) TO INDUSTRIAL -COMMERCIAL MIXED - 20,000 SQUARE FEET (MCX-20) 1.756 ACRES CV -10 OPEN A -5a L 41- A -5a CV -10 Feet 0 500 1,000 1,500 2,000 AMENDMENT TO THE ZONING CODE, AMENDING SECTION 25-8-13 (PUAKO-`ANAEHO`OMALU ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - FIVE ACRES (A -5a) TO INDUSTRIAL -COMMERCIAL MIXED - 20,000 SQUARE FEET (MCX-20) AT WAIKOLOA, SOUTH KOHALA, HAWAII MAP PREPARED BY: TMK: (3) 6-8-001:058 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE: December 1, 2016 EXHIBIT "A" RB2 Investors LLC Map: 1386 CRB21nvestorsREZ l 6-215.crk-2/2/ 17 R132 INVESTORS, LLC CHANGE OF ZONE APPLICATION (REZ 16-0002150 CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Construction of Phase One of the proposed development, as substantially represdnted by the applicant, or as permitted by the zoning district classification, shall be completed within five (5) years from the effective date of this ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25 2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and proposed structure(s), paved driveway access and parking stalls associated with the proposed development, with the appropriate yard setbacks, and the 15 -foot archaeological site buffer as required by Condition J. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawaii County Code. C. The applicant shall submit maximum daily water usage calculations as recommended by a professional engineer licensed in the State of Hawaii, including total estimated daily water usage in gallons per day and the estimated peak flow in gallons per minute. Based upon the calculations, if required, the applicant shall install an appropriate sized meter, and remit the prevailing facilities charge to the Department of Water Supply. D. Should the applicant require additional water, they will need to obtain an allocation of units from Tokyu Corporation, subject to the written consent of the Hawaii County Water Board. E. The applicant shall install a reduced pressure type backflow prevention assembly within five (5) feet of the existing water meter and any additional water meters on private property, which must be inspected and approved by the Department of Water Supply. F. Prior to occupancy, the applicant shall comply with the standards outlined in Standard Details for Public Works Construction R-33 (revised) for Business and Industrial Streets by providing paved shoulder and swale improvements, consisting of, but not limited to, pavement widening with paved shoulder and swale improvements, drainage improvements and any required utility relocation that connect to the existing roadway pavement along the entire frontage of the subject property meeting with the approval of the Department of Public Works. G. Should the applicant, successors or assigns develop a land use, which the Planning Department, in consultation with the Department of Public Works, determines will generate over 50 peak hour trips, a Traffic Impact Analysis Report (TIAR) shall be submitted for review and approval by the Department of Public Works prior to Final Plan Approval. The applicant shall implement any transportation system improvements that may be deemed necessary by the Department of Public Works. H. All development -generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to Final Plan Approval. Any drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. I. The method of sewage disposal shall meet with the requirements of the State Department of Health. J. The applicant shall be responsible for the maintenance of the chain-link fence that serves to delineate a 15 -foot buffer for the archaeological preserve as it occurs on the south-west corner of the subject property as required by Use Permit No. 72. Should the applicant wish to implement a different form of mitigation for the archaeological preserve written approval from the State Historic Preservation -2- Division and concurrence from the Planning Director will be required prior to implementation. K. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources — State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigation measures have been taken. L. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. M. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the Planning Commission and the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. -3- LEEWARD PLANNING COMMISSION COUNTY OF HAWAI`1 HEARING TRANSCRIPT FEBRUARY 16, 2017 A regularly advertised hearing on the applications of RB2 INVESTORS, LLC (REZ 16-000215 and SMA 16-000066) was called to order at 9:32 a.m. in the West Hawaii Civic Center, Community Center, Building G, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii, with Chairman Keith F. Unger presiding. COMMISSIONERS PRESENT: Keith F. Unger, Nancy Carr Smith, Scott Church, Collin Kaholo, Perry Kealoha, Barbara Nobriga and Sonny Shimaoka ALSO PRESENT: Malia Ho (Counsel for the Commission), Michael Yee (Planning Director), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner), Christian Kay (Planner) and Noriko Sauer (Commission Secretary) And five people from the public in attendance. 1. APPLICANT: RB2 INVESTORS, LLC (REZ 16-000215) Application for a Change of Zone from an Agricultural -5 acres (A -5a) to a Commercial - Industrial Mixed Use -20,000 square feet (MCX-20) zoning district for approximately 1.756 acres of land. The parcel is located at 68-148 Ho`ohana Street within the Mauna Lani Resort, Kalahuipua`a, South Kohala, Hawaii, TMK: 6-8-001:058. 2. APPLICANT: RB2 INVESTORS, LLC (SMA 16-000066) Application for a Special Management Area (SMA) Use Permit to modify and incorporate an existing building and parking lot and add two additional buildings and additional parking to support a 20 -unit commercial and light Industrial lease space for businesses, offices, self -storage and a restaurant for approximately 1.756 acres of land situated within the Special Management Area. The parcel is located at 68-148 Ho`ohana Street within the Mauna Lani Resort, Kalahuipua`a, South Kohala, Hawaii, TMK: 6-8-001:058. UNGER: The first item on the agenda, Applicant RB2 Investors, LLC, application for a Change of Zone from A -5a to Commercial -Industrial Mixed Use -20,000 square feet zoning district for approximately 1.756 acres of land. The parcel is located at 68-148 Ho`ohana Street within the Mauna Lani Resort, Kalahuipua`a, South Kohala, Hawaii. TMK is 6-8-001: 058. Since this is the same applicant and the same project, we'll go ahead and hear both items, Number 1 and Number 2. Number 2, RB2 Investors, LLC, application for a Special Management Area Use Permit to modify and incorporate an existing building and parking lot and add two additional buildings and additional parking to support a 20 -unit commercial and light Industrial lease space for businesses, offices, self -storage and a restaurant for approximately 1.756 acres of land situated within the Special Management Area. The parcel is located at 68-148 Ho`ohana Street within the Mauna Lani Resort, Kalahuipua`a, South Kohala, TMK: 6-8-001: Parcel 58. It ' Mr. Kay, would you like to make the presentation? KAY: Yes, thank you, Mr. Chair, and good morning, Commission. So as the Chair stated, we are going to go ahead and just do a presentation for both applications, both the rezone and the Special Management Area Use Permit. If I can direct your attention to the screen. This is a location map of the subject parcel and surrounding area. The subject parcel is located in the South Kohala District of Hawaii Island. It's here outlined in red — sorry it's a little bit difficult to see. It is located makai of Queen Ka`ahumanu Highway and to the east of Mauna Lani Drive. Access is off of Ho`ohana Street, which runs generally east -west through the slide. This is a part of the Mauna Lani Resort area, which is here makai of Ho`ohana Street and to the highway. The subject parcel and surrounding areas to the east, west and south are zoned Agricultural 5 -acre, as indicated by the light -green color on the map. Across Ho`ohana Street there is areas of Multiple -Family Residential zoning indicated with the brown and mustard colors and some Resort zoning indicated in purple. The State Land Use Boundary designation for the subject property is Urban, as indicated in pink. There is some surrounding Agricultural to the west and south, and that's indicated in green. The General Plan Land Use Pattern Allocation Guide Map designates the subject property and much of the surrounding area in the Resort Node indicated in purple, and to the east is some Urban Expansion, which is indicated in the black thatching. Pardon me, this is mislabeled; this is a Special Management Area Map for the area. So all of the subject parcel and surrounding area is in the Special Management Area, and that's why we are having a concurrent SMA Use Permit for this application. Here is an aerial photograph of the subject property again outlined in red. Ho`ohana Street is running generally east -west, makai of the subject property. There is an existing roughly 6,600 -square foot structure on the property; this is the former site of the Seagull School at Mauna Lani, which was a preschool and daycare that was set up for workers at Mauna Lani. It was approved under a Use Permit in 1990 and operated until 2013 when it closed down. You can see there were two driveway accesses to the property, one in to the driveway, pardon me, to the parking lot here, and then out. The other kind of circular structures here, not structures, but features here, are old playground pads. You can't see it very well, but there is a fence along the mauka portion of the parcel that kind of jogs in here, and that was put in place to help to create a 15 -foot buffer around some historical features that were on the adjacent parcel. So the applicant is requesting a Change of Zone from an Agricultural 5 -acre to an Industrial -Commercial Mixed Use 20,000 -square foot zoning district for 1.756 acres of land. A Special Management Area Use Permit to modify and incorporate an existing, vacant 6,667 -square foot building and parking lot and add two additional buildings and additional parking to support a 20 -unit commercial and light industrial lease space for businesses, offices, self -storage and a restaurant caf6. The applicant proposes to develop the project in two phases. Phase 1 will focus on the expansion of the existing 6,667 -square foot building to create eight commercial and light industrial spaces for lease to local businesses including a restaurant and cafe or caf6. The applicant is also proposing an additional 1,000 -square foot building to be developed as a self -storage business as part of Phase 1. The second phase will include a single -story, 8,220 -square foot building to accommodate up to ten additional spaces for lease. The parking lot will also be improved and expanded from 21 to 68 paved parking spaces. Construction of the first phase is expected to begin 2 DRAFT within six months of obtaining the proper permits and cost approximately one and a half million dollars. Based on market conditions, the applicant expects to commence construction of the second phase within three to five years after the initial phase is complete. The applicant is requesting this because they believe that a Change of Zone from A -5a to Commercial -Industrial Mixed Use -20 would allow for the development of the subject site into intermediate commercial and light industrial lease space to meet the local demand by businesses in the region. Here is the applicant's site plan and also phasing for the project. Again, Ho`ohana Street on this map is running toward the bottom of the slide. And what we see here, the pink dash line is going to be Phase 1. You see a driveway here going into an expanded parking area. This is the existing building here that will be expanded and repurposed for commercial and light industrial uses, more parking around the back, and Phase 1 will also include this self -storage facility, which is on the western boundary of the parcel. Phase 2, again, will be that second roughly 8,220 -square foot building and that will be, again, once Phase 1 has commenced within two to five years. Here is a view of the subject parcel, a view of the driveway and parking lot. This is an older picture taken off of Google, so again you can see this was a Seagull School at Mauna Lani. Entrance here into the parking lot area that's, exit is right around this area. The school building is behind these trees. Here is a front view of the existing structure that's going to be repurposed. Again, this is an old playground pad. This is the western boundary of the subject parcel, and the applicant indicated that the self -storage will be roughly built between these two trees. And here is another view from the west of the school, and this is kind of the area where the back fence jogs in. Here is a view of Ho`ohana Street looking east, with the subject parcel on the right. Another view of Ho`ohana Street looking west, with the subject parcel on the left. The Planning Director is recommending a favorable recommendation be sent up to the County Council, with conditions for the Change of Zone, and he is also recommending approval of the SMA Use Permit with conditions. That concludes my presentation. I'm happy to answer any questions that the Commission may have. UNGER: Thank you. Commissioners, are there any questions for the County? Thank you. KAY: Thank you. UNGER: At this time I'd like to call up the applicants. Please raise your right hand. Do you swear or affirm to tell the truth before the Planning Commission? HARRIS: Yes. REDDING: Yes. 3 DRAFT UNGER: Please state your name and where you reside. HARRIS: Hello. My name is Roger Harris. I live in Waimea. And I'm representing Cory Redding and RB2 Investors who are the owner developer of the project. REDDING: Cory Redding. I reside in Salem, Oregon, and am one of the partners of R132 Investors, LLC. UNGER: Great. Thank you. You can proceed with your presentation. HARRIS: Okay, we will be real short. Basically, this is the old Mauna Lani School site and it's been vacant for, since 2013. So it will be repurposed as a, let's say, a little more modest commercial area than the Mauna Lani Shops that are just around the corner, and should be complimentary. It will have some storage space, usable space, and some office space, and potentially a restaurant or two, or any use that wants to be there. There is demand in Mauna Lani for some lower cost, I'd say, commercial office space. We have reviewed the Director's report and recommendation, and just have two comments, no real objection, and we are happy for the recommendation of approval. The one comment, I think as you know, if you saw the picture of the frontage — Mauna Lani has what's called resort -standard roadways, so they are basically a stripe and then a paved shoulder along all the properties in Mauna Lani — this one is the back kind of industrial road, service road, so there is kind of a scruffy about a two -foot paved area that's pretty deteriorated on the left side of that white stripe that you can see. The County is asking for us to push that back a bit and pave it up. What will happen to Ho`ohana Street when the property across the street — there is a 150 acres due to be developed, called M Sites, which has an SMA and has all the zoning in place — when that goes, it's supposed to improve the whole street all the way past this area. So in the interim the County is asking us to work with Public Works and improve that shoulder a bit. It's a question of exactly how much it will be, but subject to Public Works approval. We met with Ki Emler and we think that will be okay with us. The second thing is there is an archaeological site that's kind of off the property in the back corner, and there is an existing chain-link buffer in accordance with the SHPD recommendation from 1990. We probably won't reduce the 15 -foot buffer they required around the arc site, but we will probably replace the fence so it runs on the 15 feet rather than more than that, which is what it does now; it interferes with our circulation just a little bit. But we'll confirm the SHPD requirements on that one. So there is really, it's pretty simple. I'd like to have Cory say a few things or answer any questions. REDDING: Yeah, I think Roger explained the development, I mean, we have talked to several folks in the area and there is definitely a demand for this kind of secondary space that is more affordable for folks, and we think it's going to be a great need. And we are hopeful that the first building is filled right away, and we can start on the second building and really provide a need to the Mauna Lani area. So we are excited about it and it should be a great project. So thanks for your recommendation. 4 DRAFT UNGER: Great, thank you. Commissioners, are there any questions of the applicant? KAHOLO: Good morning. REDDING: Good morning. KAHOLO: My question is this: If I remember right, there is no existing sewer line attached to that property, heading down to the sewage plant. Are you folks going to do anything with that? HARRIS: Right. Looking at this lower — yeah, well, actually, either one of those, let's look at the upper picture looking east — the sewer line runs under Ho`ohana Street but it's about another 6-800 yards toward Kawaihae, and then it's a force main coming up from the Orchid Hotel and the whole urban area, and then it goes out to, the sewer treatment plant at Mauna Lani is a private plant, but it's out beyond there. Our original intention was to hook up to that, but they are saying, the engineers are saying we can't tap into that force main; we have to lay a whole new one. So we, the condition says we can comply with the Health Department requirements, which probably means, if we can't solve the hookup to the force main, is to put a sewage system underneath the parking lots at the site. So we'll comply with the Department of Health requirements, but it's not, not, it's proba- it's fifty-fifty or less that we'll hook up to the Mauna Lani sewer. KAHOLO: Yeah, my question is because of, you know, you have a plan for restaurant in place. HARRIS: Yeah. KAHOLO: And, you know, a restaurant does, you know, do a lot of movement of whatever waste is there. HARRIS: Right. KAHOLO: So that is my question pertaining to that, you know, sewage line. REDDING: Yeah, great question, we have consulted and have an engineer on board, Mark Grant, and he has looked at our uses, and with a restaurant is obviously the most water need, so the worst case scenario with the, we would only allow one restaurant in each building. We've done the calculations on the sewer and water usage per day for that. So we can comply with the regulations with an onsite septic system. We have actually already done the engineering on that, and have that figured out and it does work. KAHOLO: Okay, thank you. UNGER: You make reference to Tokyu, Tokyu Corporation, in regard to the need, possibly if you need extra water, that they've agreed to give you more water units. What is your, who are they and what's your relationship with them? HARRIS: Tokyu Corporation is, you know, the owner of Mauna Lani Resort, and they hold the water allocations. And we have, if you read the water department, we have an allocation from Tokyu and the Water Department, but we do need more from Tokyu, so we are working on that, DRAFT getting an additional allocation. If we can't get it, we are stuck, but we are, they were using more than the allocation when it was a school, so we are due for that at least. UNGER: Thank you. Carr Smith. CARR SMITH: So if you cannot get the water units that you want, then you adjust your plan in terms of — HARRIS: Right. CARR SMITH: — maybe the restaurants or whatever. HARRIS: Right. CARR SMITH: Okay. I think this is a great project. I think it will serve a need in the Mauna Lani area. Thank you. I'll be supporting it. UNGER: Thank you. I'd like to open the meeting up to public testimony. If there is any members of the public here that wishes to testify, you may do so now. Seeing no members of the public here to testify, I need to close, I need a motion to close public hearing. 1►IQ1.110[ei:R . i,. - SHIMAOKA: I second. UNGER: Motion by Commissioner Nobriga, second by Commissioner Shimaoka. All in favor? COMMISSIONERS: Aye. UNGER: Opposed? [None.] Public hearing is closed. Without any other questions or presentations, Commissioners, I need a motion on the, let's go ahead and we'll make a motion on Item 1, the application for a Change of Zone, and then I'll ask for a second motion for the second agenda item. CARR SMITH: Chair Unger, I'd like to make a motion. I move that a favorable recommendation be forwarded to the County Council on the application for Change of Zone, Docket Number REZ 16-215, based on the Planning Director's recommendation and findings, which shall be adopted. NOBRIGA: I second. UNGER: We have a motion by Commissioner Carr Smith, second by Commissioner Nobriga. The floor is open for discussion. Any discussion? I agree with Commissioner Carr Smith. I think this is a good project, well needed in the Community. I applaud the developers for cleaning up the road frontage there. I caution you all in regard to working around the arc site; that can get very sensitive. But as long as you are in 6 DRAFT compliance with the State Historic Preservation Department, this appears to be a really good project. Could we have a roll call, please? KAY: Thank you, Mr. Chair. Commissioner Carr Smith? CARR SMITH: Aye. KAY: Commissioner Nobriga? NOBRIGA: Aye. KAY: Commissioner Church? CHURCH: Aye. KAY: Commissioner Kaholo? KAHOLO: Aye. KAY: Commissioner Kealoha? KEALOHA: Aye. KAY: Commissioner Shimaoka? SHIMAOKA: Aye. KAY: And Chair Unger? UNGER: Aye. KAY: Thank you. Motions passes with seven ayes. UNGER: We need to take up a motion on the second item, the application for Special Management Area Use Permit to modify and incorporate the existing buildings. SHIMAOKA: Chair, I'd like to make a motion. I move that the application for Special Management Area Use Permit SMA 16-066 be approved based on the Planning Director's findings, recommendation, and proposed conditions, which shall be adopted. KAHOLO: Second. UNGER: We have a motion by Commissioner Shimaoka, second by Commissioner Kaholo. The floor is open for discussion. Seeing no discussion, could we have a roll call, please? 7 DRAFT KAY: Yes, thank you, Mr. Chair. Commissioner Shimaoka? SHIMAOKA: Aye. KAY: Commissioner Kaholo? KAHOLO: Aye. KAY: Commissioner Carr Smith? CARR SMITH: Aye. KAY: Commissioner Church`? CHURCH: Aye. KAY: Commissioner Kealoha? KEALOHA: Aye. KAY: Commissioner Nobriga? NOBRIGA: Aye. KAY: And Chair Unger? UNGER: Aye. KAY: Thank you. Motion carries, seven -nothing. UNGER: Thank you all. You'll be notified in writing shortly from the Planning Commission. HARRIS: Thank you very much. REDDING: Thank you very much. The discussion ended at 9:54 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission DRAFT