HomeMy WebLinkAboutCOM 0181.000 2016-2018Harry Kim
Mayor
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Wil Okabe
Managing Director
Barbara J. Kossow
Deputy Managing Director
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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�
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/ -. xW Ca.rkal.i
!p,(INPl7t5Ac.GWric
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(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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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,
/
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R�rA. S Expfviltl
/ ft
Qs tom. ,t' 01-11
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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
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\
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
�
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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
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HAUN & ASSOCIATES 3
Y
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0
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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 \\
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itE'JyA11! R Mk'IL01'tl80h1 g11� r2 OU � / yj, s+�l p" `•'ice+ /fJ td , y't,.� �
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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
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Reith W. Ahue
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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
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BOARD OF LAN D AND NATURAL RESOURCES
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STATE OF I1AWAII
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DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION `__
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POST OFFICE BOX 621
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December 12, 2016 cr c' rn Cr`'
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MEMORANDUM,�
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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
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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
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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.
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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.)
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MINOR STREETS 9 CUL -OE -SAC
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STREET CROSS SECTIONS
WITHOUT SIDEWAI
COUNTY Of NAWAw ST WITHOUT SIDEWAREET CROSS LK -33 5TANOAIU
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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
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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.
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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
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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
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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.
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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
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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
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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
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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.
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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.
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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.
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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,
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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
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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?
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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
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