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Home My WebLink AboutPD Background SLU 20-053 REZ 20-241BJulkowskiREZ SLU 6/22/20 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT DANNY JULKOWSKI STATE LAND USE BOUNDARY AMENDMENT APPLICATION(SLU 20-000053) CHANGE OF ZONE APPLICATION(REZ 20-000241) DANNY JULKOWSKI has submitted applications for a State Land Use Boundary Amendment from Agricultural to Urban for 11.707 acres of land, and a Change of Zone from an Open (0) and Residential and Agriculture 1-acre (RA-la) to a Village Commercial (CV-10) zoning district for 11.707 acres of land. The subject property is located south of Waikoloa Road, approximately 0.3 miles east of the intersection of Pua Melia Street and Waikoloa Road at Waikoloa, South Kohala District, Island of Hawai`i, TMK: (3) 6-8-002:057. PROPOSED ACTION 1. Applicant's Request: 1) A State Land Use Boundary Amendment from Agricultural to Urban for 11.707 acres of land, and 2) a Change of Zone from an Open (0) and Residential and Agriculture 1-acre (RA-la) to a Village Commercial (CV-10) zoning district for the entire subject parcel (11.707-acres). The CV-10 zoning district, with a minimum lot size of 10,000 square feet, would allow a maximum density of fifty(50) lots excluding land area to be set aside for roads, sidewalks, etc.) although the applicant is proposing nine (9)buildable lots plus one(1)road lot. According to the Zoning Code, the Village Commercial zoning district provides for a broad range or variety of commercial and light industrial uses that are necessary to serve the population in rural areas where the supplementary support of the general business uses and activities of a central commercial district is not readily available. Requirements for establishing a land use in the CV district, including a list of the variety of permitted uses, are shown in Section 25-5-122 to 25-5-128 of the Zoning Code. (Planning Department Exhibit 1- Zoning Code Requirements for Village-Commercial Districts). 2. Objectives of the Requests: If the requested land use entitlement changes are approved, the applicant's current proposed project includes plans to subdivide the 11.707-acre parcel into nine(9)buildable lots and one(1)road lot, including: One (1) 4.299-acre lot situated on the western side of the subject parcel for a proposed affordable housing development to include 36 "units" in seven (7) quad- plex and four (4) duplex buildings. According to the applicant, 60% to 80% of the units will be affordable to households with incomes at or below 140% of the median income. Three (3) lots situated on the eastern side of the subject property totaling 5.971 acres which are slated for commercial development, including the possible future development of a hardware store. Five (5) commercial lots situated on the southern side of the subject property, each with a minimum land area of approximately 12,840 square feet (total 1.437 acres) proposed to be sold to commercial developers; and One (1) road lot, consisting of an entrance to Waikoloa Road, a cul-de-sac and driveway/roadway to the largest lot. The applicant notes that except for the affordable housing component, plans for the remaining eight(8)non-road lots are tentative and subject to change. 3. Construction Timetable and Cost: Plans call for securing tentative subdivision approval by the end of 2020. Thereafter, the applicant will construct the necessary infrastructure improvements within the subdivision. The estimated timeframe to complete the infrastructure improvements and obtain final subdivision approval is approximately 24-months. The estimated cost of improvements for this proposed project is $4,000,000. 4. Landowner: Pua Melia LLC Planning Department Exhibit 2 - State Land Use Boundary Amendment dated 04/07/2020 and Planning Department Exhibit 3 - Change of Zone Application dated 04/07/2020) STATE AND COUNTY PLANS 5.State Land Use Designation: Agricultural. According to the Land Use Commission LUC), the subject property and surrounding property was reclassified from SLU Agriculture to the SLU Rural District in June 2008 under Docket No. A06-767. The LUC subsequently reverted the Rural designation of the petition area back to the Agricultural District as the LUC determined that the landowner (Waikoloa Highlands, Inc.) had failed to perform several conditions imposed by the LUC in obtaining the reclassification of the petition area. 2- 6. Project Area Regulatory History: Rezone Ordinance No. 90-160 — December 27, 1990: Ordinance amending Section 25-95A and 25-95H, Article 3, Chapter 25 of the Hawaii County Code by changing the district classification from "Unplanned" (U) and Multiple-Family Residential (RM-1.5) to Open(0) and Residential-Agriculture(RA-la). Rezone Ordinance No. 95-51 —March 21, 1995: Amendment of Ordinance No. 90-160; amending Condition B (Incremental Subdivision Plans) and Condition C (Off-site Roadway Improvements). Rezone Ordinance No. 05-157 — December 15, 2005: Amendment of Ordinance No. 95-51, amending Condition B (Timing of Final Subdivision Approval), Condition C TIAR Requirement), Condition D (Affordable Housing Requirements), as well as including requiring the applicant to change the State Land Use classification from Agricultural to Rural (Condition H) and Fair Share requirements (Condition I). Rezone Ordinance No. 07-127 - September 20, 2007: Amendment of Ordinance No. 05 157; amending Condition B (Final Subdivision Approval timing), Condition C Access Improvements), Condition F (Solid Waste Management Plan), Condition G Water System Improvements) and Condition I(updated Fair Share requirements). State Land Use Boundary Amendment Docket No. A06-767—June 10, 2008: Amend the Agricultural State Land Use district boundaries into the Rural State Land Use district for approximately 731.581 acres; includes the subject parcel area. Rezone Ordinance No. 13-29—March 13, 2013: Amendment of Ordinance No. 07-127; amending Condition B (timing of Final Subdivision Approval), Condition C (Access Improvements), Condition D (Pedestrian and Bicycle Right-of-Way Improvements), Condition J (Park and Open Space requirements), and Condition K (updated Fair Share contribution costs). SUB-17-001716—May 15,2017: Subdivision approved to create subject parcel. State Land Use Boundary Amendment Docket No. A06-767 — November 29, 2019: The petition area (731.581 acres) was reverted by the LUC to the State Land Use Agricultural district, and the cancellation and release of all conditions imposed by the 2008 D&O. 3- 7. General Plan LUPAG Map Designation: Rural (rur) and Open (ope). For reference the Rural designation includes: existing subdivisions in the State Land Use Agricultural and Rural Districts that have a significant residential component. These subdivisions may contain small farms, wooded areas, and open fields as well as residences. Allowable uses within these areas, with appropriate zoning, may include commercial facilities that serve the residential and agricultural uses in the area, and community and publicfacilities. The rural designation does not necessarily mean that these areas should be further subdivided to smaller lots. Most lack the infrastructure necessary to allow further subdivision. The Open designation includes parks and other recreational areas, historic sites, and open shoreline areas. 8. County Zoning: Residential and Agricultural-1 Acre(RA-la) and Open(0). 9.Special Management Area (SMA): The property is not situated within the Special Management Area as it is 4.5 miles from the nearest coastline. DESCRIPTION OF PROPERTIES AND SURROUNDING AREA 10. Subject Property: The subject parcel is irregularly shaped and is accessed via Waikoloa Road. Currently, there are no structures or improvements on the parcel. The site is situated between 1,000 to 1,100-foot elevation. The site slopes down from east to west with the highest point being at the south eastern end of the parcel, however it is considered generally flat. The parcel is generally barren, with typical scrub/brush type vegetation, old paths, 4-wheel drive ruts and some exposed bedrock. There is a drainage ditch that cuts across the entire parcel, approximately parallel to Waikoloa Road. 11. Surrounding Zoning/Land Uses: The project site is bounded to the south and east by Open and RA-la zoned parcels. There are no existing structures or development other than an electrical substation located in this area. To the west, the parcel is bounded by an 11-acre Agricultural 5-acre (A-5a) zoned parcel, which is presently undeveloped and unkept land. Further west, across Pua Malia Street is the Waikoloa Plaza, which is a large commercial development on property zoned Village Commercial (CV-10). Directly north across Waikoloa Road are properties zoned A-5a, which includes the Waikoloa Stables facility. Additionally, there is an undeveloped parcel zoned Village Commercial (CV-20) adjacent to the stables. To the northwest across Paniolo Drive and Waikoloa Road is the Waikoloa Highlands Shopping Center, which zoned CV-10. 4- 12. ALISH: Unclassified. 13. Land Study Bureau's Detailed Land Classification System: "E"or Very Poor. 14. U.S. Soil Survey: The soils on the site are classified as Hapuna-Waikui-Lalamilo complex, extremely cobbly medial silt loam, with 0 to 20% slopes. This soil is well drained with a varied runoff classification; the erosion hazard is slight. 15. FEMA: Zone "X", which is determined to be an "Area of Minimal Flood Hazard." According to DPW-Engineering. It is recommended that the applicant submit a flood study, meeting the approval of DPW, to address off-site drainage and supporting data for the areas indicated as"Flood Route 1"on Fig. 1 of the application. 16. Flora/Fauna Resources: According to the applicant, a botanical survey was conducted in 1988, as well as a review of the site as part of the Waikoloa Highlands Environmental Inventory Survey (EIS). The study found no threatened or endangered plants on the project site. Some common native plants can be found mixed in with the invasive grasses and shrubs that dominate the area. Surveys conducted for the Waikoloa Highlands EIS found nine (9) species that frequented the project area; however, all are considered introduced species. The Hawaiian short-eared owl (Pueo) can be found in the grasslands of South Kohala surrounding Waikoloa. No threatened or endangered birds were detected in surveys, and the threatened Newell's shearwater can overfly the area between the months of May to November. Additionally, the surveys recorded only common, introduced mammals within the project area. Although not detected during the survey, it is likely the Hawaiian Hoary Bat occasionally overflies the area. However, as there is limited to no suitable vegetation for bat roosting, it is unlikely that the proposed development would impact the species. The site has remained undeveloped and is overgrown; the applicant states the site has been browsed by feral goats and donkeys for years and as such the predominant plant species is fountain grass. 17. Archaeological, Historic, Cultural Resources: According to the applicant, three (3) archeological studies have been conducted in the project area and are detailed in the Waikoloa Highlands EIS. More recently in 2006, a survey was unable to relocate a previously identified site in the larger Waikoloa Highlands area, and it was presumed destroyed or located outside the EIS project area. The EIS went on to conclude that no further archeological study was warranted. However, if needed, an archeological 5- monitoring plan can be prepared and implemented in conjunction with further land clearing activities. The applicant states the project site is not adjacent and/or proximate to the shoreline, as such, gathering of marine life or coastal access is not an issue. It is not known whether the subject parcel or immediate area was used in the recent past for gathering of plants by native Hawaiians. The applicants have not observed any native Hawaiians gathering plants on the site or the adjoining properties, therefore it seems unlikely there would be such resources. If legitimate gathering claims are made by native Hawaiians, the applicants intend to respect and honor such claims and provide the legal and necessary access within the site. Planning Staff has submitted a request for HRS Chapter 6E review of the proposed project. The Planning Department has not received a response from SHPD at the time of this writing. 18. Public Access: There is no known public access to the mountain or shoreline that traverses through the subject properties. 19. Traffic: According to the applicant, a Traffic Impact Analysis has not yet been performed. Based on the planned addition of 36 residential units, the applicant believes that fewer than 50 peak hourly trips would likely be generated. At the time that further development of the commercial lots is planned traffic impacts studies will be performed and the required mitigation implemented. In June 2019, a subcommittee of the South Kohala CDP Action Committee (AC) produced a report speaking to the need for Paniolo Road/Waikoloa Road intersection improvements. The AC states that "allowing development density to increase without proper traffic studies and built solutions would be a negligible permitting practice unless proper conditions or assurances are in place". Additionally, the AC further states: "the requirement of the TIAR is not triggered by the construction of the housing units exclusively, but by the change of zone application itself' Planning Department Exhibit 4 — SKCDP Action Committee Report). Staff notes that by letter dated September 24, 2019, the Planning Department stated: The proposed uses trigger the need for a Traffic Impact Analysis Report(TZAR)per Section 25-2-46(d) of Hawaii County Code (Zoning Code). Please provide a TIAR meeting the requirements of the Zoning Code." To date the applicant has not submitted a TIAR or similar traffic impact study. (Planning Department Exhibit 5 — September 24, 2019 Letter). Similarly, the Department of Public Works (DPW) — Engineering Division states Traffic 6- Impact Analysis Report (TIAR) may be required by the Traffic division. DPW also commented that the applicant shall construct the roundabout improvements to the intersection of Waikoloa Road and Paniolo Avenue, meeting with the approval of the DPW. The roundabout improvements shall be completed prior to the issuance of any Certificate of Occupancy for the subject property. PUBLIC UTILITIES AND SERVICES 20. Access: Access to the subject parcel would be from Waikoloa Road, approximately 1000-feet east of the Waikoloa Road/Pua Melia intersection. Waikoloa Road is a County owned and maintained roadway with a right-of-way (ROW) width of 120 feet and a pavement width of generally 40 feet in the immediate area. All the proposed lots will be served by access from Waikoloa Road and no other access points are proposed. The Department of Public Works — Engineering Division (DPW) commented that access to Waikoloa Road may include the provision for channelization within the ROW with dedicated right and left turn lanes. The DPW also recommends that the applicant provide improvements to the subject property's Waikoloa Road frontage consisting of, but not limited to, pavement widening with concrete curb, gutter, and sidewalk, drainage improvements, and driveway and sidewalk rehabilitation meeting the requirements of the Americans with Disabilities Act and the approval of the Department of Public Works. 21. Water: Waikoloa Village is supplied water by the Hawaii Water Service (HWS). There is a HWS 20-inch water line fronting Waikoloa Road. According to the applicant there is adequate water available for the proposed development and fire protection. Based on a letter from the HWS the project site is within the existing service territory if the West Hawai`i Water Company (WHWC) and, therefore, can be served by the WHWC subject to the issuance of a will serve letter and in accordance with WHWC's rules and regulations. WHWC can confirm the availability of water for the project although it is not secured until such time as an Extension Agreement is executed and Contribution in Aid of Construction is paid. Any connections to the WHWC system are the responsibility of the developer/landowner. According to the Department of Water Supply (DWS) the following minimum requirements must be complied with for subdivision approval: 1)Provide a water system designed to deliver water at adequate pressure and volume under peak-flow and fire-flow conditions in accordance with the Water System 7- Standards. The water system shall include, but not be limited to, the installation of the necessary distribution pipeline, fire hydrants, and service laterals, 2) Submit construction plans to the Department for review and approval, and 3) Pay a fee of four-tenths of one 1) percent of the estimated costs for the construction of the water system, but not less than$50.00,to cover the costs for plan review,testing, and inspection. 22. Wastewater: The applicant states the HWS operates the private sewer in Waikoloa and is willing to service the project site via the West Hawai`i Sewer Company (WHSC). According to the WHSC the project site is not currently within the existing service territory of WHSC but WHSC is more than willing to serve the project site as long as PUC grants approval to expand the WHSC service territory to include the project site. While WHSC is the only service provider in this area, territory expansion must be approved by the PUC prior to development. The applicant did not provide any alternative to wastewater treatment if PUC fails to approve the expansion. 23. Solid Waste: According to the applicant, solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. 24. Essential Utilities and Services: All essential utilities are available to the project site. Police and fire services are available within two (2) miles of the project site. It should be noted that there is no adequate coverage of warning sirens for Civil Defense, therefore the applicant intends to install a new Civil Defense Siren and integrate it into the Hawai'i Civil Defense system. AGENCIES' COMMENTS 25. Department of Public Works - Engineering: (Planning Department Exhibit 6 — June 5,2020 Memo). 26. Department of Water Supply: (Planning Department Exhibit 7 — June 1, 2020 Letter) 27. Department of Environmental Management: (Planning Department Exhibit 8 — May 18,2020 Memo) 28. Fire Department: (Planning Department Exhibit 9—May 14, 2020 Memo) 29. State Department of Health: (Planning Department Exhibit 10 — June 5, 2020 Memo) 8- 30. DLNR-DOFAW: (Planning Department Exhibit 11 —June 3, 2020 Memo) 31. DLNR-Engineering: (Planning Department Exhibit 12—May 26,2020 Memo) 32. State Land Use Commission: (Planning Department Exhibit 13 — May 28, 2020 Letter) AGENCIES AND ORGANIZATIONS—NO COMMENT 33. State Department of Transportation; DLNR—Land Division and Police. AGENCIES AND ORGANIZATIONS -NO RESPONSE 34. DPW-Traffic,DPW-Building,DLNR-State Historic Preservation Commission and HELCO. APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 35. The applicant has submitted the following in response to agency comments: (Planning Department Exhibit 14—April 6,2020 Letter from Applicant) PUBLIC COMMENTS 36. To date no public comments have been submitted to the Planning Department. 9- ZONING 25-5-115 Section 25-5-115. Minimum building site average width. Each building site in the CG district shall have a minimum building site average width of sixty feet. 1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-116. Minimum yards. The minimum yards in the CG district shall be as follows: 1) Front or rear yards, fifteen feet; and 2) Side yards, none, except where the adjoining building site is in an RS, RD, RM or RCX district. Where the side yard adjoins the side yard of a building site in an RS, RD, RM or RCX district, there shall be a side yard which conforms to the side yard requirements for dwelling use of the adjoining district. 1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-117. Landscaping of yards. a) All front yards in the CG district shall be landscaped, except for necessary access drives and walkways, and except for the construction of one single-family dwelling and accessory buildings per lot. b) Where any required side or rear yard in the CG district adjoins a building site in an RS, RD, RM or RCX district, the side or rear yard shall be landscaped with a screening hedge not less than forty-two inches in height, within five feet of the property line, except for necessary drives and walkways, and except for the construction of one single-family dwelling and accessory buildings per lot. 1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 12.) Section 25-5-118. Other regulations. a) Plan approval shall be required for all new structures and additions to existing structures in the CG district, except for construction of one single-family dwelling and any accessory buildings per lot. b) Exceptions to the regulations for the CG 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 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 13; am 2015, ord 15-33, sec 4.) Division 12. CV,Village Commercial Districts. Section 25-5-120. Purpose and applicability. The CV(village commercial) district provides for a broad range or variety of commercial and light industrial uses that are necessary to serve the population in rural areas where the supplementary support of the general business uses and activities of a central commercial district is not readily available. 1996, ord 96-160, sec 2; ratified April 6, 1999.) Planning Dept. 25-107 rExhibit 25-5-121 HAWAII COUNTY CODE Section 25-5-121. Designation of CV districts. Each CV (village commercial) district shall be designated by the symbol "CV" followed by a number which indicates the minimum land area, in number of thousands of square feet, required for each building site. 1996, ord 96-160, sec 2; ratified April 6, 1999.) i Section 25-5-122. Permitted uses. a) The following uses shall be permitted in the CV district: 1) Adult day care homes. 2) Amusement and recreation facilities, indoor. 3) Art galleries, museums. 4) Automobile sales and rentals. 5) Automobile service stations. 6) Bars. 7) Bed and breakfast establishments, as permitted under section 25-4-7. 8) Boarding facilities, rooming, or lodging houses, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. 9) Business services. 10) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. 11) Churches, temples and synagogues. 12) Commercial parking lots and garages. 13) Community buildings, as permitted under section 25-4-11. 14) Convenience stores. 15) Crematoriums, funeral homes, funeral services, and mortuaries. 16) Crop production. 17) Day care centers. 18) Dwellings, double-family or duplex, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. 19) Dwellings, multiple-family, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. 20) Dwellings, single-family. 21) Family child care homes. 22) Farmers markets. When the vending activity in a farmers market involves more than just the sale of local fresh and/or raw produce, plant life, fish and local homegrown and homemade products for more than two days a week, the director, at the time of plan approval, shall restrict the hours of use, maintenance and operations and may require improvements as determined appropriate to ensure its compatibility with the existing character of the surrounding area. 23) Financial institutions. 25-108 ZONING 25-5-122 24) Group living facilities. 25) Home occupations, as permitted under section 25-4-13. 26) Hospitals, sanitariums, old age, convalescent, nursing and rest homes and other similar uses. 27) Hotels, when the design and use conform to the character of the area, as approved by the director. 28) Laboratories, medical and research. 29) Lodges. 30) Manufacturing, processing and packaging light and general, except for concrete or asphalt products, where the products are distributed to retail establishments located in the immediate community, as approved by the director. 31) Medical clinics. 32) Meeting facilities. 33) Model homes, as permitted under section 25-4-8. 34) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. 35) Offices. 36) Personal services. 5 37) Photography studios. 38) Public uses and structures, as permitted under section 25-4-11. 39) Publishing plants for newspapers, books and magazines, printing shops, cartographing, and duplicating processes such as blueprinting or photostating shops, which are designed to primarily serve the local area. 40) Repair establishments, major, when there are not more than five employees, as approved by the director. 41) Repair establishments, minor. 42) Restaurants. 43) Retail establishments. 44) Schools. 45) Short-term vacation rentals. 46) Telecommunication antennas, as permitted under section 25-4-12. 47) Temporary real estate offices, as permitted under section 25-4-8. 48) Theaters. 49) Utility substations, as permitted under section 25-4-11. b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the CV district, provided that a use permit is issued for each use: 1) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses, provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the state land use agricultural district fi unless approved by the County before July 1, 2005. 2) Major outdoor amusement and recreation facilities. 3) Yacht harbors and boating facilities. 25-109 UNOFFICIAL ADVANCE SHEET—Updated on April 1,2019. Contains sec(s)affected since publication of Supp.5(1-2019). Official revision to be published in Supp.6(7-2019). 3 lj 25-5-122 HAWAII COUNTY CODE 1 c) Residential uses in connection with the operation of any permitted uses shall be permitted in the CV district. a d) Buildings and uses similar to the permitted uses listed in subsection (a) above shall be permitted in the CV district, as approved by the director. 1 e) Buildings and uses normally considered accessory to the uses permitted in this section shall also be permitted in the CV district. 1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 14; am 2014, ord 14-86, sec 12; am 2018, ord 18-114, sec 12.)1 Section 25-5-123. Height limit. The height limit in the CV district shall be thirty feet. 1996, ord 96-160, sec 2; ratified April 6, 1999.) 1 Section 25-5-124. Minimum building site area. The minimum building site area in the CV district shall be seven thousand fiveI I. hundred square feet. I 1996, ord 96-160, sec 2; ratified April 6, 1999.) 1 Section 25-5-125. Minimum building site average width. Each building site in the CV district shall have a minimum building site average 1 width of sixty feet. 1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-126. Minimum yards. i The minimum yards in the CV district shall be as follows: 1) Front or rear yards, fifteen feet; and 2) Side yards, none, except where the adjoining building site is in an RS, RD, RM or RCX district. Where the side yard adjoins the side yard of a building site in an RS, RD, RM or RCX district, there shall be a side yard which conforms to the side yard requirements for dwelling use of the adjoining district. 1 1996, ord 96-160, sec 2; ratified April 6, 1999.) I Section 25-5-127. Landscaping of yards. a) All front yards in the CV district shall be landscaped, except for necessary access drives and walkways, and except for the construction of one single-family dwelling and accessory buildings per lot. k b) Where any required side or rear yard in the CV district adjoins a building site in an RS, RD, RM or RCX district, the side or rear yard shall be landscaped with a F screening hedge not less than forty-two inches in height, within five feet of the property line, except for necessary drives and walkways, and except for the construction of one single-family dwelling and accessory buildings per lot. 1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 14.) t 25-110 UNOFFICIAL ADVANCE SHEET—Updated on April 1,2019. 1 Contains sec(s)affected since publication of Supp.5(1-2019). Official revision to be published in Supp.6(7-2019). l 1 I W§ ZONING 25-5-128 Section 25-5-128. Other regulations. a) Plan approval shall be required for all new structures and additions to existing structures in the CV district, except for construction of one single-family dwelling t and any accessory buildings per lot. t 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 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 15; am 2015, ord 15-33, sec 4.) i 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 i 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 96-160, sec 2; ratified April 6, 1999.) I Section 25-5-131. Designation of MCX districts. g 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. ttf1996, ord 96-160, sec 2; ratified April 6, 1999.) I Section 25-5-132. Permitted uses.P a) The following uses shall be permitted in the MCX district: 1) Agricultural products processing, minor. I 2) Amusement and recreation facilities, indoor. 3) Art galleries, museums. I 4) Art studios. 5) Automobile sales and rentals. 6) Automobile service stations.1 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.1 13) Churches, temples and synagogues. 0 i f t 1 25-111 t 7,- -- 79Ki FR ' 74-.-a ''L1 7) — STATE LAND USE BOUNDARY AME T APPLICATION:---- , 15 ACRES OR LE S) APR 0 7 2020 a RECEIVED COUNTY OF HAWAII COUNTY OF iiikWAtt PLANNING DEPARTMENT KANNIRG DEM 1---4Typeorlegiblyprintthereque • .,formation) PETITIONER: Danny Julkowski o TE:PETITIONER'S SIGNAT ' : A_ - -a 0 . 4' 1 ADDRESS: 730 Highway 169, Tower Y 5 90-8232 c. 9fr PETITIONER'S INTEREST IF NOT OWNER: Manaser TELEPHONE:(Bus.) (218) 410-0284 (Res.) Fax) LANDOWNER(S): Pua elia LLC LANDOWNER SIGNATUR 11, ca 6.... 161___ ,slrf 0 4 . ie be vi tter) ADDRESS: 730 Highway 169, Tower 55 90-8232 TAX MAP KEY: (3) 6-8-002:057 STREET ADDRESS OF PROPERTY: 68-1845 Waikoloa Rd #104. Waikoloa Village, HI 96738 ZONING: Open and RA-la SIZE OF PROPERTY: 11.707 ac CURRENT STATE LAND USE DISTRICT CLASSIFICATION: REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Urban AGENT: ZENDO KERN PLANNING CONSULTANT LLC ADDRESS: 194 Wiwoole St, Hilo HI 96720 TELEPHONE:(Bus.) (808)333-3393 (Res.) Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Agent COPIES: Applicant See Instructions on Reverse Side) Planning Dept. ExhibiL 2— t i a 4 kiI s 14 is F S 3 COUNTY BACKGROUND INFORMATION STATE LAND USE BOUNDARY AMMENDMENT APPLICATION DANNY JULKOWSKI WAIKOLOA SOUTH KOHALA, HI 96738 TMK: (3) 6-8-002:057 t I.INTRODUCTION Danny Julkowski ("applicant") is requesting the rezoning of a 11.707-acre parcel of land in Waikoloa, Hawaii from Open (0) and Residential and f'. Agriculture (RA-1a) to Village Commercial (CV-10), concurrently with this application. The subject property is designated Agricultural. The applicant is requesting a State Land Use Boundary Amendment to reclassify the subject property to the Urban district. The property is located off Waikoloa Road j approximately 0.3 miles east of its intersection with Pua Melia Road / Paniolo Avenue. (Figure 1). If approved, the applicant intends to subdivide the 11.707-acre parcel into nine (9) lots, consisting of a minimum of 12,840 square feet each. The applicant wishes to affordable housing project on one of the lots and offer other parcels for fee simple sale. The applicant may also build a hardware sore on one of the parcels at a later date. i II. PROJECT LOCATION As noted earlier, the subject property is located off Waikoloa Road E approximately 0.3 miles east of its intersection with Pua Melia Road / Paniolo Avenue. (Figure 1). III. PROJECT DESCRIPTION k t A. Prosect Concept and Components e The subject site consists of 11.707-acres and is currently vacant of I any structures. The applicant wishes to subdivide the subject property into nine (9) lots, building an affordable housing project on the largest t f lot (3.75 acres), possibly eventually building a hardware store on i another, and offering the remaining lots for sale. If approved, the p proposed lots would consist of a minimum of 12,840 square feet in size. 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ISIQ 1 II 1 IIII Ii 1 : ii will co Ili !I III u IIMM 1 I1 !i 11i mil I I1 CO 1l Ji1 Figure 3 e 1 I The affordable housing development will consist of 36 units in seven quad-plex and four duplex buildings as shown in Figure 3 a-e. 60% to 80% of the units will be affordable to households with incomes at or below 140% of median income. All lots will have water supplied by Hawaii Water Service. The subdivision will have fire hydrants per the County Code requirement, as well as overhead utility lines for power, phone and cable services. It is understood that the subdivision plan submitted herein may have to be adjusted prior to receipt of final subdivision approval to accommodate County subdivision requirements and appropriate conditions of approval. y' B. Project Timetable and Cost The applicant hopes to secure the Boundary Amendment and County rezoning approval as soon as possible and begin the subdivision process immediately thereafter.t Tentatively, plans call for securing subdivision approval by the end 2020. There after the applicant will construct the necessary improvements within the subdivision. The estimated timeframe to complete the infrastructure improvements and obtain final subdivision approval is approximately 24 months. The estimated cost of improvements for this project will be $4,000,000. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject site is designated State Land Use Agricultural. Concurrently with this rezoning request a State Land Use Boundary Amendment Application is being submitted to make the property fall exclusively within the Urban State Land Use classification. Based on the proposed lot size, no State Land Use Commission action is required. The County of Hawaii can process the Boundary Amendment request. 2 B. County General Plan The County General Plan Land Use Pattern Allocation Guide LUPAG") map designates the subject site as Open and Rural. This designation does not support the change of zone to CV-10 however the LUPAG map is a guide and not "set in stone". The LUPAG map designation of Medium Density Urban which would support such a request is approximately 360 feet to the west of the subject property. Further the property located directly across Waikoloa Road is zoned CV-10. Therefore, the request would be generally consistent with the surrounding uses and LUPAG map. Additionally, the affordable housing component is needed in this area and should further underscore the viability of this request and the need for a small amount of latitude with respect to the LUPAG map designation. C. South Kohala Community Development Plan The South Kohala Community Development Plan (KCDP) attempts to further define the General Plan and serves as a guide for decision- makers. The SKCDP further designates the subject parcel in the Waikoloa Village Conceptual Plan as part of the now defunct Waikoloa Highlands Development. The applicant purchased the subject property in 2018 and is in no way related to Waikoloa Highlands /Waikoloa Mauka, LLC., and this request for rezoning should be considered independently. Adjacent areas, on the other side of Pua Melia Rd. approximately 360-feet from the subject property), are planned for commercial center development, and just to the south of that is planned for urban expansion and industrial. Waikoloa Policy 1. Provide Infrastructure and Facilities for a Growing Community shall be an overarching planning policy for Waikoloa Village. The County shall work closely with the Waikoloa Village Community and area developers such that funding for important infrastructure projects and community facilities is provided Waikoloa Policy 2. Environmental Stewardship, Sense of Place Open Space shall be an overarching land use policy for Waikoloa Village. Land use decisions shall be based on sustainable management of the open grass lands and natural resources of the Waikoloa area. Waikoloa Policy 4. Encourage Affordable Housing and Smart Growth by concentrating development in areas that are already zoned for Resort, Residential, Commercial, and Industrial growth or areas 3 qJ that are otherwise appropriate for businesses that address the needs of this community. (emphasis added) D. County Zoning The County zoning of the subject property is Open (0) and Residential and Agriculture (RA-1a). The majority of the surrounding properties are zoned CV-20, CV-10, RA-la and Open. The lot to the north on the opposite side of Waikoloa Road from the subject property was previously rezoned from A-5a to CV-20 in accordance with Ordinance No. 13-28 on March 13, 2013. If approved, the site would be subdivided in a manner generally meeting with both the Zoning and Subdivision Codes. Notwithstanding the subdivision requirements, all uses and standards consistent with the requested (CV-10) zone would be adhered to. E. Relationship to SMA Objectives and Policies The site is located 4.5 miles from the coast, outside of the County Special Management Area (SMA). The entire island falls within the Coastal Zone Management (CZM) Area. Thus, a discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean. It sits approximately 4.5 miles from the shoreline at an elevation of approximately 1,000 to 1,100 feet. As such, the proposed action should not have any adverse impacts on the area's coastal recreational and marine resources nor have any impacts on beach protection. The likelihood of this improvement having any impacts on the area's historic resources is not high. However, in the event any archaeological features are found during any earth disturbance activity, work will stop within the affected area and appropriate clearances from the State DLNR-HPD and County Planning Department will be secured before work resumes. If needed, an archaeological monitoring program can be instituted during any land clearing activity. The proposed action may eventually involve the construction of improvements (particularly commercial and residential units) in a village commercial setting. Accordingly, there is a potential visual 4 8 impact to the area's scenic and open space resources. However, the project would involve the construction of, at most, 11.7-acres of commercial buildings. This would be in line with the current and planned development occurring along Pua Melia St. just to the west of the subject property. Furthermore, there are no notable scenic vistas or residences nearby that will be impacted by the proposed project. Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located approximately 4.5 miles from the ocean with a 1,000+ foot elevation. All storm water runoff generated by the development would be retained on site and managed by approved structures (dry wells or similar). The proposed action will result in creating the potential for commercial development near the Village center. This should provide additional opportunities for employment and economic development. In so doing, the project could aid the overall economic use of this site and the area in general. Because of its distance from the shoreline, the site should not be subject to coastal hazards. Relative to the managing development objective, this function is more applicable to the "authority" or approving agencies. However, it is noted that the request would operate and be constructed within the scope of the Zoning Code. The subject site would be zoned CV-10, and the requested use and design/parameters (parking, height, setback, etc.) would be consistent with said zoning. In that regard, the project would be consistent with this policy. Finally, in terms of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the public hearing process required pursuant to the Planning Commission's Rules and County Council's meetings on this application. Notices of this application will become available through the posting of a sign on the property, as well as sending two (2) notices to surrounding property owners, one at the time the application is filed and again, prior to the public hearing. Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205-A-23, HRS and Planning Commission Rule No. 9 relating to Special Management Area. 5 F. Other Permitting Requirements As noted earlier, other permits would still be required. These would be of the "ministerial" variety, such as Subdivision Approval, Building Permits, etc. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The parcel is irregularly shaped and is accessed via Waikoloa Road, which is a County owned and maintained paved access road. Currently there are no structures on the site. The site is situated at the 1,000 to 1,100-foot elevation level. The site slopes downward from east to west and has a slight slope from south to north, with the highest point being at the south eastern end of the property. There appears to be no major topographic constraint to development. The annual median rainfall for this area is approximately 13 inches. The average daily temperature is 71 degrees and ranges from a minimum of 63 degrees to 81 degrees Fahrenheit. Wind patterns are generally westerly during the day and easterly during the evenings. B. Soils and Topography According to the Natural Resource Conservation Service's Land Study Bureau Overall Master Productivity Rating, the site appears to have a designation of"E" or "very poor." The soil for the subject site is of the Hapuna-Waikui-Lalamilo complex extremely cobbly medial silt loam, with 0 to 20 percent slopes. It is well drained with a runoff class of low or high (Waikui vs Hapuna) and the erosion hazard is slight. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system the subject property is unclassified." As noted earlier, the topography of the site slopes in an east to west direction, with the lower portion being at the west end. The slope across the subject property is approximately 5 percent. 6 1 a C. Natural Hazards 1. Drainage The Federal Emergency Management Agency (FEMA) Flood Insurance Rate map (FIRM) identifies the project area as Zone X" (areas outside of the 500-year flood). There is one small drainage that crosses the site roughly parallel to Waikoloa Rd approximately 150 to 200 ft from the property frontage. This drainage is identified in the Waikoloa Highlands EIS as "Flood Route 1". Studies were done to delimit the flood plains and flood control plans for the EIS area by R.M. Towill Corporation in 2006. Information from these reports will be used to design culverts for the proposed road satisfying permit requirements. The applicant has not observed any significant runoff or erosion in the recent past on the subject site. Pursuant to County drainage requirements, appropriate drywell and/or similar means to capture runoff from any improvements will be built, if necessary, in conjunction with the appropriate permitting process. 2. Volcanic, Earthquake and Tsunami Hazards According to the United States Geological Survey maps, the project site is located within Lava Flow Hazard Zone 8, on a scale of ascending risks 9 to 1. All of Mauna Kea except for high elevation and summit areas fall in the Zone 8 category. The Building Code designates the entire island of Hawai'i Earthquake Zone "D" and contains certain structural requirements to address the relative seismic hazard. All structures would have to comply with this standard. 3. Tsunami Hazard As the site is located 4.5 miles from the ocean and sits at the 1,000 foot +/- elevation, it is located outside of the Civil Defense's Tsunami Evacuation Zone. D. Flora/Fauna Botanical surveys conducted by Char and Associates in 1988 and reviewed in the Waikoloa Highlands EIS found no Threatened or 7 Endangered plants on the project area. Some common native plants can be found mixed in with the invasive grasses and shrubs but the impacts to those plants will be minimal, as they are hardy and will quickly re-establish on disturbed areas. Surveys conducted by Rana Productions for the Waikoloa Highlands EIS found nine species, all introduced, of birds using the project area, including Black Francolins, Sky Larks and African Silverbills. The Hawaiian Short-eared Owl, Pueo, can frequently be found in the grasslands of South Kohala surrounding Waikoloa. No threatened or endangered birds were detected in surveys, it is possible that the endangered endemic Hawaiian Petrel and the threatened Newell's Shearwater overfly the project area between the months of May and November. Any exterior lighting will be shielded from shining upward, in conformance with Hawai'i County Code § 14 — 50 et seq., to minimize the potential for disorientation of seabirds. Surveys found only common introduced mammals (dogs, cats, rats, mongoose, and goats) in the project area. Although not detected during surveys, it is likely the endangered Hawaiian hoary bat occasionally over-flies the area. As there is not suitable vegetation on the site for bat roosting, it is unlikely that the proposed development will have negative impacts on this species. The site has not been cleared or farmed in the recent past. However, the site has been browsed by feral goats and donkeys for years. The site's vegetation is mostly dominated by invasive fountain grass thus, impacts on native species should be minimal. E. Historic/Cultural/Archaeological Resources Three archaeological studies have been conducted in the project area and are detailed in the Waikoloa Highlands EIS. Most recently in 2006, Cultural Surveys Hawai'i undertook a survey and was unable to relocate a previously identified site in the larger Waikoloa Highlands area (Site 22), and it was presumed destroyed or located outside the EIS project area. The EIS went on to conclude that no further archaeological study was warranted. However, if needed, an archaeological monitoring plan can be prepared and implemented in conjunction with further land clearing activity. Furthermore, in the event any inadvertent discoveries are made during any land disturbance activity relating to this project, work will cease and the applicants will immediately notify the Planning Department 8 g$ k$ and the State DLNR and secure their clearances before proceeding further. G. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0 Ka'Aina decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion on the cultural, historical and natural resources, as well as the associated tradition and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by Native Hawaiians. The applicants have not observed any Native Hawaiians gathering plants on the site or the adjoining properties. Thus, it would appear unlikely that the site would serve such purpose today. In the event that legitimate gathering claims are made by Native Hawaiians, the applicants intend to respect and honor such claims and provide the legal and needed access within the site. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. H. Water and Coastal Resources The subject site is located approximately 4.5 miles from the coastline and sits at approximately 1,000 to 1,100-foot elevation. The remoteness from the coast combined with integration to the Hawaii Water Service sewer system, impacts to coastal water quality should not be significant. Further, being a non-coastal property, no coastal access will be affected. Noise, Air Quality, and Dust A newly built road meeting all County regulations will serve as the main access to the proposed lots. A slight increase in traffic will in turn marginally increase the road noise in the area. Additionally, the general area is a village commercial mix of uses. As such, the 9 corresponding noise level is comparable to the other existing uses in the area. There may, however, be short-term noise impacts associated with the construction of infrastructure. In that event, contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Health. The proposed development should not generate any direct air quality impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant. Especially considering higher EPA standards for automobile air emissions, the air quality impact should be negligible. All of the required parking areas within the project site must be paved with an all-weather, dust free surface. As such, with the exception of construction dust in the beginning, long term dust generated by the project should be minimal. J. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site, nor will the proposed rezoning and subdivision action affect any of the scenic resources outlined in the General Plan. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The land use in this area is generally suburban in nature with single- family dwellings, condos, and supporting businesses. There are parcels ranging in size from 3-acres to several hundred acres or more along Waikoloa Road. To date, all the residential development in Waikoloa has been on the north side of Waikoloa Rd. There is a A-5a 10.8-acre parcel to the west of the subject site. Also, there is a CV-20 14.6-acre parcel to the north, across Waikoloa Rd. To the south and east of the subject is the 716-acre defunct Waikoloa Highlands development zoned Open and RA-1 a. Several CV-10 parcels along Pua Melia Rd lie approximately 360-feet west of the subject property. 10 i x 1 I 1 I Given the existing and zoned conditions, the proposed boundary amendment, rezoning and subdivision would not be incongruous with I the existing suburban nature of this area. I Further, the adjacent property to the north of the subject site was I rezoned in 2013 from A-5a to CV-20 in accordance with the Change of Zone Application REZ 2012-000157. s s B. Economic Impacts j 1 The requested boundary amendment and zoning would have some 1 measure of economic impact, as it would make eight (8) additional fee simple lots available. The applicant also intends to build an affordable housing development and possibly eventually a hardware store on two of the parcels. This could eventually provide more employment opportunities to area residents. The project will also support construction jobs and purchases from local suppliers. f C. Agricultural Impacts i The site has a LUPAG designation of Agricultural and has not had any recent agricultural activities. The lot size, soil quality, and climate of Waikoloa make it unsuited to intensive commercial agriculture. Given the nearby land use combined with the difficulty of the parcel for agriculture, an Urban land use designation and village commercial zoning would be consistent with land uses and zonings in the adjacent c areas. j x VII. INFRASTRUCTURAL CONSIDERATIONS ffi A. Road Access to the project would be from Waikoloa Rd. Waikoloa Road is a County owned and maintained roadway with a right-of-way of 120- feet. The pavement width is generally 40 feet in the immediate area. All new lots will be served by a new proposed road.I Traffic Impact Analysis has not yet been performed. Based on the t planned addition of 36 residential units, fewer than 50 peak hourly trips would likely be generated. At the time that further development of the commercial lots is planned (for the hardware store for instance),t traffic impact studies will be performed and required mitigation implemented. 11 i t B. Water Waikoloa Village is supplied by Hawaii Water Service. There is a Hawaii Water Service 20-inch water line fronting Waikoloa Road. Adequate water is available for the proposed development and fire protection. See attached "will serve" letter from Hawaii Water Service Exhibit 1) C. Wastewater Hawaii Water Service operates the private sewer in Waikoloa and is willing to service the project subject to approval by the PUC. All newly created lots are proposed to be served by Hawaii Water Service / West Hawaii Sewer Company. D. Solid Waste Solid waste will be handled through commercial haulers into authorized landfill sites or transfer stations. With the requested CV-10 zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. E. Other Government Services As this area is part of the Waikoloa Village area, it is already being serviced. Based on the creation and impact of eight (8) additional lots, no extension of government services would be required. There is a Fire Station, Library and public school all located within 2 miles of the subject site. The nearest police station is located in Waimea, 18 miles away. In addition, there are recreation facilities in the general area as well. However, Hawaii County Code Section 25-2-46 (o)(3), relating to Concurrency requirements states Any combination of residential units, commercial space and industrial space equal or greater than thirty-five thousand square feet of gross floor area; unless existing civil defense sirens, as determined by the State Civil Defense, are available to provide adequate warning coverage across the entire project site or that the provision of civil defense sirens to provide such coverage is integrated as part of the zoning amendment or application for extension of time to perform a condition of zoning amendment. As such the applicant intends to install a new Civil Defense siren and integrate it to the Hawaii Civil Defense System. 12 I i t 1 ir t 5 t As such, the project should not result in the extension of any other t< government services. Further, the required public facilities are located t reasonably proximate to the subject site.i B F. Other Utilities t All other utilities such as telephone and electrical services are available to the site. t VIII. IMPACT SIGNIFICANCE ANALYSIS i X A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-Term Productivity i If the request were denied, the short-term use of the area of the proposed boundary amendment and rezoning would probably tt continue in an idle state. The applicants would not have an opportunity t to create an affordable housing development and more potential for commercial development to serve the community. From a long-term productivity standpoint, the proposed additional eight (8) lots could provide a heightened level of possibility in having the land used for more valuable and productive purposes. B. Irreversible and Irretrievable Commitment of Resources il As the site has been relatively disturbed in the past, it is not likely that its development would result in an irreversible commitment of natural jorarchaeologicalresources. The soil on the parcel has a classification of "E" or very poor by the Land Study Bureau. Given the poor quality of soil and climate of the area the site is unlikely to be used successfully for commercial agriculture. Further, studies have concluded that it is not likely that the site has any significant archaeological features. Again, if needed, a monitoring it program can be conducted during any land disturbance activity. C. Mitigative Measures I The applicant intends to make improvements, if required, generally consistent with the subdivision process. Also, if there is any t t 3 13 I t fi f. bk F l 3 I I 3 construction activity, contractors will be obligated to comply with appropriate State noise and air quality standards. I Should unanticipated archaeological finds be discovered in conjunction with any further development of the site, work will stop (as is required by the State and County) and clearance will be secured before work is resumed.i4 gThereisonesmalldrainagethatcrossesthesiteroughlyparalleltoI Waikoloa Rd approximately 150 to 200 ft from the property frontage. This drainage is identified in the Waikoloa Highlands EIS as "Flood j Route 1". Studies were done to delimit the flood plains and flood control plans for the EIS area by R.M. Towill Corporation in 2006. Any and all required grading or grubbing work would be done in 1 conjunction with the required grading permits. This is to assure that the development of this site does not adversely affect the drainage of surrounding properties. f Finally, there will be no person or businesses to be dislocated by this project. D. Alternatives to the Proposed Prosect 1,, ittP,,:,, 1. No Project Under the status quo alternative, the site could continue in its idle state, overrun by invasive fountain grass and browsed by feral goats. The potential for economic development would largely be lost. 2. Evaluation of Alternatives Ii The project's impacts to the area's social and physical infrastructure would not be pronounced. Certain mitigative measures could be taken to address any possible impacts associated by the development of this project. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested Urban designation and CV-10 zoning. Y 14 I ti IX. REGULATORY ANALYSIS A. General Plan LUPAG Map The General Plan provides for the long-range comprehensive development of the island of Hawai'i. It provides direction for balanced growth in the County. The LUPAG map designates the site Open and Rural. This designation does not support the change of zone to CV-10 however the LUPAG map is a guide and not "set in stone". The LUPAG map designation of Medium Density Urban which would support such a request is approximately 360 feet to the west of the subject property. Further the property located directly across Waikoloa Road is zoned CV-10. Therefore, the request would be generally consistent with the surrounding uses and LUPAG map. Additionally, the affordable housing component is needed in this area and should further underscore the viability of this request and the need for a small amount of latitude with respect to the LUPAG map designation. B. General Plan Polices The requested designation would be consistent with the goals, policies, and standards of the General Plan document. For one, it may provide economic opportunities, from increased employment options and through the construction of any improvements required for the subdivision. More importantly, however, longer-term opportunities would be created largely in the added amenities and resources available in Waikoloa Village. In so doing, the resultant project should add revenues to the County and State coffers. The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of the sun and wind patterns. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) areas of environmental concerns - air pollution, water quality, soil j pollution, solid waste disposal, and noise pollution. As proposed, the project would not violate any of those objectives. Aside from the very limited vehicular transmission, air pollution associated with the project should be negligible. All wastewater would be handled by the Hawaii Water Service sewer system. This should 15 be sufficient to address any potential groundwater or coastal water impacts. If required, while not necessary for a project of this nature and size, a solid waste management plan could be prepared and implemented. The project will also be minimal in noise, except what may be associated with the general commercial use. Any noise-generating facility, such as air conditioners, would be carefully placed to minimize their noise impacts to adjoining properties. The vast majority of the project site is outside the boundaries of a flood way. Nonetheless, if required, a drainage system will be designed and constructed (especially in conjunction with the subdivision approval process) in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. The site does not appear to have historic sites according to studies undertaken on and around the site. Nonetheless, work will cease if unanticipated archaeological remains are discovered during the development of this project. Work will resume only after proper clearances from the State and/or County have been received. While there has been sightings of the Hawaiian short-eared owl Pueo), this area is not their primary habitat. As such, the subject project should not have any significant impacts on rare or endangered plant or animal life in this area. The proposed urban designation will help fulfil the objectives of the housing element by creating eight (8) more lots, including a 36 unit affordable housing development. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project—with the protective conditions —will be used in a manner where it blends with the existing terrain. As the project site is approximately 4.5 miles from the ocean and has an elevation of 1,000 +/- feet, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Further, through the use of Hawaii Water Service's sewer system, impacts to the coastal water will be minimized. There will be marginal impact to public facilities. The wastewater system will integrate with the private sewer system, and the Hawaii Water Service water line exists to the site. Vehicular access to the site 16 will be fully improved to County dedicable standards and the site is accessible by emergency vehicles. Schools and other public facilities are also located proximate to the site, most of them being less than 3 miles away. Finally, in terms of the Land Use, Housing and Commercial Development elements, the pertinent goals, policies, and standards of the General Plan note the following: Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County (Land Use Element) Encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. Housing Element) Encourage corporations and nonprofit organizations to participate in Federal, State and private programs to provide new and rehabilitated housing for low and moderate-income families. Housing Element) Continue to review codes and ordinances for overly stringent restrictions that may impose unnecessary hardship and adopt amendments if warranted. (Housing Element) Ensure that adequate infrastructure is available in appropriate locations to support the timely development of affordable housing. Housing Element) Work with, encourage and support private sector efforts in the provision of affordable housing. (Housing Element) Aid and encourage the development of a wide variety of housing to achieve a diversity of socio-economic housing mix (Housing Element) Provide for commercial developments that maximize convenience to users. (Commercial Development Element) Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. (Commercial Development Element) 17 I Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. (Land Use Element) Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. (Land Use Element) Encourage the concentration of commercial uses within and surrounding a central core area. (Commercial Development Element) The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. (Commercial Development Element) 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 Discussion In view of the foregoing goals and policies, it is noted that the requested boundary amendment would be generally compatible with the surrounding area. The LUPAG map designation of Medium Density Urban which would support such a request is approximately 360 feet to the west of the subject property. As Waikoloa Village and its surrounding area continues to grow, there will be a need for more village commercial zoned lands. This request also reflects this demand. The subject project, in addition to attempting to meet this need, also fulfills other policies and standards articulated in the General Plan. The site is already serviced by adequate infrastructure — a 20-inch water line already exists at the site, police and fire protective services are available nearby, adequate sewer system capacity exists at the site, and all other utilities are available to the site. As such, this development should not require additional public services to be provided. 18 The soil of the site is classified "E" or very poor by the Land Study Bureau and the climate of Waikoloa is generally not conducive to commercial agriculture. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. The prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. Likewise, surface and subsurface archaeological remains do not appear to be likely on site. C. South Kohala Community Development Plan As noted earlier, the South Kohala Community Development Plan SKCDP), specifically the Waikoloa Village Plan section, attempts to further define the General Plan and serves as a guide for decision- makers. The proposed change of zone request is conducive to the following goals and policies outlined in the SKCDP: Waikoloa Policy 1. Provide Infrastructure and Facilities for a Growing Community shall be an overarching planning policy for Waikoloa Village. The County shall work closely with the Waikoloa Village Community and area developers such that funding for important infrastructure projects and community facilities is provided Waikoloa Policy 2. Environmental Stewardship, Sense of Place Open Space shall be an overarching land use policy for Waikoloa Village. Land use decisions shall be based on sustainable management of the open grass lands and natural resources of the Waikoloa area. Waikoloa Policy 4. Encourage Affordable Housing and Smart Growth by concentrating development in areas that are already zoned for Resort, Residential, Commercial, and Industrial growth or areas that are otherwise appropriate for businesses that address the needs of this community. (emphasis added) Strategy 1.4 Develop a Major Commercial Center for Waikoloa Village with shops, stores and small business opportunities... There is no set timetable for any of these (Pua Melia and Waikoloa Heights) "commercial" locations to be developed and there is no certainty that they will in fact be developed for commercial services, or for what types of businesses they may be developed. For this reason, the community should give consideration to allow for additional commercial locations where small to medium-sized businesses could 19 1 1 I t i be established that serve the needs of the Waikoloa community. If appropriately located, these businesses would add to the sense of s community and would reduce the amount of traffic to Waimea and Kona.I D. Zoning and Subdivision j The designated zoning of the site is RA-la and Open. Should the CV- 10 zoning be approved, the requirements of the zoning and subdivision codes would generally be complied with, including use and t related development standards. These include the possible incorporation of appropriate restrictive covenants relating to density, use, and design restrictions. T E. State Land Use Agricultural Standards I I The State Land Use Designation is Agricultural, however the State r Land use Boundary Amendment Application submitted concurrently j with this report requests a State Land Use Designation of Urban. The j requested rezoning to CV-10 should not be contrary to the requested State Land Use Urban Standards. Further the very poor soils of the subject site make it unsuitable for commercial agriculture. t F. Conformance to Urban District Standards t t The proposed State Land Use Boundary Amendment conforms to j Hawai'i Revised Statutes Chapter 15-15 Section 18 as amended October 11, 2013 in the following ways: It shall include lands characterized by "city -like" concentrations of s people, structures, streets, urban level of services and other related land uses; F It shall take into consideration the following specific factors: Proximity to centers of trading and employment except where the development would generate new centers of trading and employment.t fi The subject property is proximate to Waikoloa Village approximately 1/4 mile to the main intersection of Waikoloa Road and Paniolo Ave). The subject property is also reasonably close within 10 to 20 miles) of area resorts which are major employment centers. 20 i Availability of basic services such as schools, parks, wastewater systems, solid waste disposal, drainage, water transportation systems, public utilities, and police and fire protection; and sufficient reserve areas for foreseeable urban growth. As this area is part of the Waikoloa Village area, it is already being serviced. There is a Fire Station, Library, Post Office and public school all located within 2 miles of the subject site. The nearest police station is located in Waimea, 18 miles away. In addition, there are recreation facilities in the general area as well. Major urban expansion projects are planned and/or underway in the Waikoloa area and there are hundreds of acres of land with residential zoning that could be developed in coming years. It shall include lands with satisfactory topography, drainage, and reasonably free from the danger of any flood, tsunami unstable soil condition, and other adverse environmental effects There are no serious topographic conditions making the property unsuitable to urban development. There is one small drainage way that crosses a portion of the parcel. The hydrology of this drainage has been detailed in previous studies and poses no significant hazard to potential development on the property with properly designed and constructed road crossings. 1 Land contiguous with existing urban areas shall be given more consideration than non-contiguous land, particularly when indicated for future urban use on state or county general plans or county community plans or development plans. The South Kohala Community Development Plan identified the area including the subject parcel as an area of potential urban development. Also, lands identified in the General Plan LUPAG Map as Medium Density Urban are found approximately 360 feet to the West of the subject property. It shall include lands in appropriate locations for new urban concentrations and shall give consideration to areas of urban growth as shown on the state and county community plans or development plans. 21 As previously stated, the South Kohala Community Development Plan identified the area including the subject parcel as an area of potential urban development. Also, Lands identified in the General Plan LUPAG Map as Medium Density Urban are found approximately 360 feet to the West of the subject property. It may include lands which do not conform to the standards in paragraphs (1) to (5): When surrounded by or adjacent to existing urban development; and only when those lands represent a minor portion of this district Though the subject parcel substantially conforms to above criteria, the subject parcel is adjacent to existing urban development and would represent a minor portion of this district. It shall not include lands, the urbanization of which will contribute toward scattered spot urban development. necessitating unreasonable investment in public infrastructure or support services. The subject parcel is proximate to the urban center of Waikoloa Village and will not contribute to scattered spot urban development. It may include lands with a general slope of twenty percent of more if the commission finds that those lands are desirable and suitable for urban purposes and that the design and construction controls, as adopted by any federal, state, or county agency, are adequate to protect the public health, welfare and safety, and the public's interests in the aesthetic quality of the landscape. This criterion does not apply as the subject property has generally 5 to 15 % slope. X. CONCLUSION Based on the consistency of the proposed District Boundary Amendment request with the County's land use policies, approval of this request would be logical and reasonable. In addition, the request will help fulfil the need for additional housing options and help generate additional property tax revenue for the County during a time of an impending budget crises. 22 Lastly, the requested density is consistent with the surrounding area and x: properties. The alternative of leaving the land in an Agricultural designation would not be a reasonable option and would greatly limit its potential land use. While other zonings of an agricultural nature could be achieved, the requested State Land Use designation of Urban is the most sensible. 4.' fi S es t f`- 23 aw411 HAWAII WATER SERVICE PC WdPkolod, HI 9674'fe sEaJ 38 lei: ( 5hv b ol'. e John l'ipan Land Use \dministrator tend() kern Plann nus Consultantultant 1.l_(. January 6. 2020 Re Proposed Project in Waikoioa Village: TMK (3)-6-8-002-057 Dear Mr. Pipan: West Hawaii Water Company ('WHWC) and West Hawaii Sewer Company (WHSC") are certified by the Public Utilities Commission of the State of Hawaii ( Commission ) to provide water and wastewater services to the Waikoloa area of Hawaii Island. State of Hawaii. You have requested availability of water and sewer service for your project at TMK (3) 6-8-002-057 (''the project"). The Project is within the existing service territory of WHWC and. therefore. can be served by WHWC subject to the issuance of a will serve letter and in accordance with WHWCs Rules and Regulations. WHWC can confirm the availability of water for the Project although it is not secured until such time as an Extension Agreement is executed and Contribution In Aid of Construction is paid. The Project is not currently within the existing service territory of WHSC but WHSC is more than willing and able to serve the project with PUC approval of the expansion of WHSC service territory. As WHSC is the only operator of record in the Waikoloa area there is no foreseen issues with obtaining service territory expansion However. it is ultimately left to the PUC to decide. This only letter only confirms the willingness to serve the Project Any connections to our systems is the responsibility of the developer. Please feel free to contact us should you have any further questions or concerns. Sincerely. Robert Stout Accounting Manager hawaiiwaterservice.com t Exhibit 1. 3 i k LI fia'ial i r '1 '-'7, i!'. 1 ^ 1 1 Zp20 CHANGE OF ZONE A LICApON coOp"vitos COUNTY OF H WAII 0166 oat PLANNING DEPARTMENT Type or legibly print the requested information) APPLICANT: Danny Jul wski g_i/_..,APPLICANT'S SIGNAT r4.-- DATE: it! ADDRESS: 730 Highway 169, Tower 111 57.0-8232 LIST APPLICANT'S INTEREST IF NOT OWNER: Manager- Pua Melia LLC 1 LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (218) 410-0284 Res.)Fax) ri LANDOWNER(S):Pua M: is LLC Ank LANDOWNER SIGNATURE • OF ,_._. 4 _ DATE yi 91Inbebletter) LANDOWNER(S) ADDRESS: 730 Highwa 169, Tower MN 55790-8232 REQUEST: Open and RA-la TO CV-10 Existing zoning)Proposed Zoning)TAX MAP KEY: (3) 6-8-002:057 STREET ADDRESS OF PROPERTY: 68-1845 Waikoloa Rd #104, Waikoloa Village, HI 96738 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 11.707 ac AGENT ZENDO KERN PLANNING CONSULTANT LLC ADDRESS: 194 Wiwoole St, Hilo Hi 96720 g 3 g 3 TELEPHONE:(Bus.) (808)333-3393 Res.)Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Agent COPIES: Applicant Planning Dept. Exhibit t ATTACHMENT Commerla],RM ,Resort; & industrial PLANN]NG DEPARTMENT COUNTY OF HAW All APPLEATDN FOR CHANGE OF ZONE L. ifyourrequestis approved,do you Mend to subdinile the sub'ectland n accoriance with the approved change ofzone? yes Ifyes,p.hase answerthe restofcrsesgn land then to questnn 3. a. How m any acres ofthe requestod area do you mond to subdirtie? 11.7 ac 2. Into whatbts>zes? 4.3, 5.9 acres 7 x 12,000+ SF c ifyourrequestis approved,appro it aolyhow bng afErthe date ofapprovaldo you expectto subm it yoursubdivision plans to the Phnnng Depart ent farprelin nary approval? within 2 years Ifyou ntond to subdivide,please subm ita prelin.nary schem aft subdi risiin plan togetherw it your change of zone appTatbn form Ifyou nave no fum pans ofsubdiiing the subcta/Ea, do you intend to: Sellorhase the land ID som eone who has fin plans? b. SeRorbase the land to som eone who has tentage pians? c . Sellorhase the land to som eone who has no plans? a. Keep it e. other(phase state; 4 d 1 Ifyou Mend to do eithera,b,orc,phase elaborate on the kind ofplans the otherparty has.P base,alao, inclide n youranswerappmxin ate}y how soon after appmvalofyourrezoning do you expecttc transferthe subcthnd tc anotherparty. 3. W hatspec bulling plans do you have frnrthe subcthnd? Inclide ti your answ erthe blow ing:type ofbuiding apart ent,of ce,bundezette,etc.);fnanctg anangem ent; Lui etabb brconst uctihn;and any otheratm w hi h you feelm ighthe4 us r evaliatng your request. Proposed Affordable Housing project on 4.3 ac lot, consisting of 36 units in seven quad-plex and four duplex building. Pusible ibvw/uS htiaitaid to (vane r 3 t Have you pen ed any study w hth w out'dear ons lite a need br yourpmposed bu>rliig and,brdevebpm ent? Yes ifso,phase elaborate on yourfridings n the space pmvned bebw. See Attached Report 2- 9 H ave you perbim ed any study which discusses the envimnm entalin pacts yourhquestw oull nave on the surraundiig arca and/orthe County?yes Ifso,phase elaborate on your fndings n the space provided bebw Environmental considerations were detailed in the change of zone application. All impacts were determined to be insignificant. 6. Are there anybu1iings on the subctarea? no Esc, whatkind? W hatdo you intend b do with those buTiilgs ifyour requestis approved? Is the sub ct]and currentlybehg used forany agrbu]tulalactar ? No iEso,phase listthe kinds ofproducts gmwn on and how m any square feetoracres of]and perpmduc 4 3- I t i To yourknowhdge,has thee been any fbodiig and/or drainage probbm on the subctarea? No If so,phase descrbe the pmbbm Do you think thatthe reads leading the subctarea needs provem ent_ No Ifso,whatkind? Is the mad adequate tribe pioposed traff'r voltm e orbad? Yes 10. W hatsortofgovemm entalassistance and,6rin pmvem enty do you feelwiIlbe needed in the subjctarea when devebped? yes NQ a. Schools X o Roads Sewer X a.Drainage X e. Police Pmtectbn X f. Fie P mtectbn X Recreatona1Fac s h. R.ecreationalFacIs X tither t Forthose checked 'yes,"phase elsbomte whattype orkinds of in pmvem ents and/orassistance am needed. gz d 11.H ave you performed any history:sites study and/or survey ofthe subctarea? Esc,whatwere the resu]ii? Phase,also, subm ita copy ofthe stdy iDgetherw th it-Lis change of zone supplem ent Studies were performed along with nearby EIS, and are detailed in report. In short no historic sites were found in project area. S ignatnre: Address: Telephone: Date: E 3 i 9 4 t 33 3 i qr 5- 6338A/50A P.D.5/84 fi COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST (Open/RA-la to CV-10) DANNY JULKOWSKI WAIKOLOA, SOUTH KOHALA, HI 96738 TMK: (3) 6-8-002:057 INTRODUCTION Danny Julkowski ("applicant") is requesting the rezoning of a 11.707-acre parcel of land in Waikoloa, Hawaii from Open (0) and Residential and Agriculture (RA-la) to Village Commercial (CV-10). The property is located off Waikoloa Road approximately 0.3 miles east of its intersection with Pua Melia Road / Paniolo Avenue. (Figure 1). If approved, the applicant intends to subdivide the 11.707-acre parcel into nine (9) lots, consisting of a minimum of 12,840 square feet each. The applicant wishes to build an affordable housing project on one of the lots and offer other parcels for fee simple sale. The applicant may also build a hardware store on one of the parcels at a later date. II. PROJECT LOCATION As noted earlier, the subject property is located off Waikoloa Road approximately 0.3 miles east of its intersection with Pua Melia Road / Paniolo Avenue. (Figure 1). III. PROJECT DESCRIPTION A. Project Concept and Components The subject site consists of 11.707-acres and is currently vacant of any structures. The applicant wishes to subdivide the subject property into nine (9) lots, building an affordable housing project on the largest lot (3.75 acres respectively), possibly eventually building a hardware store on the other large lot (2.96 acres), and offering the other lots for sale. If approved, the proposed lots would consist of a minimum of 12,840 square feet in size. As proposed, access to the newly created lots would be by a new road meeting County dedicable standards Figure 2). The affordable housing development will consist of 36 units in seven quad-plex and four duplex buildings as shown in Figure 3 a-e. 60% to 1 I I i I 4111.1MMISIIIMIIMMW N.1111 Z •.,../..J 11 IV Vlie‘4. 1'14":6' -'4-1 I i ,L, Project Location r-- 7,...N,pvvrA"; . F 1 a r„,, ~ : • : i 4/0. C -1 i-,i o' 1„.7 it,, ,,,-' r 4 10-----..._ '''''\ :i Ai 1 eir 1/4406,... i -..,..1? 7. ,1-.1,-,--4 , -,- - 1 7 f JJJ fir '"'. J F."1EiTh 111 II AI IF'''%,,...., , y is. ,-- - iii e,----) 1 *Ilid- I P fie\\a II 1111111114II I f i z 411N Ar i f e• e 1 •lt Ci UfiSt ttiin r dry iIIIk N4 e f J Legend Figure 1 . Location Map (3) 6-8-002:057 N Flood Route 1 j 1 Subject Parcel parcels w ' _ ,,,,iE Miles 0 0.075 0.15 0.3 0.45 0.6 I tx t ;— nom \ 4( ..„.„ 5)7T-k 17- :. 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E11_ x I- 0 m q $ 0 \ ill ` a o c Ia0 1 i 0 o 10 1 1 1. ___„..,____. itY ii_ X a Z % ” 0IiI y_ 2 U JIL_ y I- 0 I q I i Figure ad i i i 1 willr Ni Ir' L 4: 8883 zl z i 1 I of A11 1 l Q F3 II 1 11 y 1111I;4117.02 es.s . , 1 I WI I lii I 111 wi I 1 w O D N1 I 1 Cli i I,LI I w', I ! SII i-i L o I o 111 1 ,1 I III Q II I1 Q u,u 1 I- 1 i I- i a t N rp CO Si it ,, I [ 1 In m i h . ........ 5 Ia I aT: H z 0Q 4 W Li Ili fXIillix n! 1 1 a U R_--: 01_--— fNN-- 8 m I P, Figure 3 e 4 80% of the units will be affordable to households with incomes at or below 140% of median income. 1AlllotswillhavewatersuppliedbyHawaiiWaterService. The subdivision will have fire hydrants per the County Code requirement, as well as overhead utility lines for power, phone and cable services. It is understood that the subdivision plan submitted herein may have to be adjusted prior to receipt of final subdivision approval to accommodate County subdivision requirements and appropriate conditions of approval. B. Project Timetable and Cost The applicant hopes to secure a State Land Use Boundary Amendment and County rezoning approval as soon as possible and begin the subdivision process immediately thereafter. Tentatively, plans call for securing subdivision approval by the end of 2020. There after the applicant will construct the necessary improvements within the subdivision. The estimated timeframe to complete the infrastructure improvements and obtain final subdivision approval is approximately 24 months. The estimated cost of improvements for this project will be $4,000,000. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject site is currently designated Agricultural. Concurrently with this rezoning request a State Land Use Boundary Amendment Application is being submitted to make the property fall exclusively within the Urban State Land Use classification. Based on the proposed lot size, no State Land Use Commission action is required. The County of Hawai'i can process the rezoning request. B. County General Plan The County General Plan Land Use Pattern Allocation Guide LUPAG") map designates the subject site as Open and Rural. This designation does not support the change of zone to CV-10 however the LUPAG map is a guide and not "set in stone". The LUPAG map designation of Medium Density Urban which would support such a request is approximately 360 feet to the west of the subject property. 1 2 1 1 I s request is approximately 360 feet to the west of the subject property. Further the property located directly across Waikoloa Road is zoned CV-10. Therefore, the request would be generally consistent with the surrounding uses and LUPAG map. Additionally, the affordable housing component is needed in this area and should further underscore the viability of this request and the need for a small amount of latitude with respect to the LUPAG map designation. C. South Kohala Community Development Plan The South Kohala Community Development Plan (KCDP) attempts to further define the General Plan and serves as a guide for decision- makers. The SKCDP further designates the subject parcel in the Waikoloa Village Conceptual Plan as part of the now defunct Waikoloa Highlands Development. The applicant purchased the subject property in 2018 and is in no way related to Waikoloa Highlands /Waikoloa Mauka, LLC., and this request for rezoning should be considered independently. Adjacent areas, on the other side of Pua Melia Rd. approximately 360-feet from the subject property), are planned for commercial center development, and just to the south of that is planned for urban expansion and industrial. Waikoloa Policy 1. Provide Infrastructure and Facilities for a Growing Community shall be an overarching planning policy for Waikoloa Village. The County shall work closely with the Waikoloa Village Community and area developers such that funding for important infrastructure projects and community facilities is provided Waikoloa Policy 2. Environmental Stewardship, Sense of Place Open Space shall be an overarching land use policy for Waikoloa Village. Land use decisions shall be based on sustainable management of the open grass lands and natural resources of the Waikoloa area. Waikoloa Policy 4. Encourage Affordable Housing and Smart Growth by concentrating development in areas that are already zoned for Resort, Residential, Commercial, and Industrial growth or areas that are otherwise appropriate for businesses that address the needs of this community. (emphasis added) D. County Zoning The County zoning of the subject property is Open (0) and Residential and Agriculture (RA-1a). The majority of the surrounding properties 3 are zoned CV-20, CV-10, RA-la and Open. The lot to the north on the opposite side of Waikoloa Road from the subject property was previously rezoned from A-5a to CV-20 in accordance with Ordinance No. 13-28 on March 13, 2013. If approved, the site would be subdivided in a manner generally meeting with both the Zoning and Subdivision Codes. Notwithstanding the subdivision requirements, all uses and standards consistent with the requested (CV-10) zone would be adhered to. E. Relationship to SMA Objectives and Policies The site is located 4.5 miles from the coast, outside of the County Special Management Area (SMA). The entire island falls within the Coastal Zone Management (CZM) Area. Thus, a discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean. It sits approximately 4.5 miles from the shoreline at an elevation of approximately 1,000 to 1,100 feet. As such, the proposed action should not have any adverse impacts on the area's coastal recreational and marine resources nor have any impacts on beach protection. The likelihood of this improvement having any impacts on the area's historic resources is not high. However, in the event any archaeological features are found during any earth disturbance activity, work will stop within the affected area and appropriate clearances from the State DLNR-HPD and County Planning Department will be secured before work resumes. If needed, an archaeological monitoring program can be instituted during any land clearing activity. The proposed action may eventually involve the construction of improvements (particularly commercial and residential units) in a village commercial setting. Accordingly, there is a potential visual impact to the area's scenic and open space resources. However, the project would involve the construction of, at most, 11.7-acres of commercial buildings. This would be in line with the current and planned development occurring along Pua Melia St. just to the west of the subject property. Furthermore, there are no notable scenic vistas or residences nearby that will be impacted by the proposed project. is 4 i 3 p 3 Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located approximately 4.5 miles from the ocean with a 1,000+ foot elevation. All storm water runoff generated by the development would be retained on site and managed by approved structures (dry wells or similar). The proposed action will result in creating the potential for commercial development near the Village center. This should provide additional opportunities for employment and economic development. In so doing, the project could aid the overall economic use of this site and the area in general. Because of its distance from the shoreline, the site should not be subject to coastal hazards. Relative to the managing development objective, this function is more applicable to the "authority" or approving agencies. However, it is noted that the request would operate and be constructed within the scope of the Zoning Code. The subject site would be zoned CV-10, and the requested use and design/parameters (parking, height, setback, etc.) would be consistent with said zoning. In that regard, the project would be consistent with this policy. Finally, in terms of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the public hearing process required pursuant to the Planning Commission's Rules and County Council's meetings on this application. Notices of this application will become available through the posting of a sign on the property, as well as sending two (2) notices to surrounding property owners, one at the time the application is filed and again, prior to the public hearing. Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205-A-23, HRS and Planning Commission Rule No. 9 relating to Special Management Area. F. Other Permitting Requirements As noted earlier, other permits would still be required. These would be of the "ministerial" variety, such as Subdivision Approval, Building Permits, etc. 5 E i 3 i V. ENVIRONMENTAL CONSIDERATIONS A. General Description The parcel is irregularly shaped and is accessed via Waikoloa Road, which is a County owned and maintained paved access road. Currently there are no structures on the site. The site is situated at the 1,000 to 1,100-foot elevation level. The site slopes downward from east to west and has a slight slope from south to north, with the highest point being at the south eastern end of the property. There appears to be no major topographic constraint to development. The annual median rainfall for this area is approximately 13 inches. The average daily temperature is 71 degrees and ranges from a minimum of 63 degrees to 81 degrees Fahrenheit. Wind patterns are generally westerly during the day and easterly during the evenings. B. Soils and Topography According to the Natural Resource Conservation Service's Land Study Bureau Overall Master Productivity Rating, the site appears to have a designation of"E" or "very poor." The soil for the subject site is of the Hapuna-Waikui-Lalamilo complex extremely cobbly medial silt loam, with 0 to 20 percent slopes. It is well drained with a runoff class of low or high (Waikui vs Hapuna) and the erosion hazard is slight. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system the subject property is unclassified." As noted earlier, the topography of the site slopes in an east to west direction, with the lower portion being at the west end. The slope across the subject property is approximately 5 percent. C. Natural Hazards 1. Drainage The Federal Emergency Management Agency (FEMA) Flood Insurance Rate map (FIRM) identifies the project area as Zone 6 3 S i p 54 p' j X" (areas outside of the 500-year flood). There is one small drainage that crosses the site roughly parallel to Waikoloa Rd approximately 150 to 200 ft from the property frontage. This drainage is identified in the Waikoloa Highlands EIS as "Flood Route 1". Studies were done to delimit the flood plains and flood control plans for the EIS area by R.M. Towill Corporation in 2006. Information from these reports will be used to design culverts for the proposed road satisfying permit requirements. The applicant has not observed any significant runoff or erosion in the recent past on the subject site. Pursuant to County drainage requirements, appropriate drywell and/or similar means to capture runoff from any improvements will be built, if necessary, in conjunction with the appropriate permitting process. 2. Volcanic, Earthquake and Tsunami Hazards According to the United States Geological Survey maps, the project site is located within Lava Flow Hazard Zone 8, on a scale of ascending risks 9 to 1. All of Mauna Kea except for high elevation and summit areas fall in the Zone 8 category. The Building Code designates the entire island of Hawai'i Earthquake Zone "D" and contains certain structural requirements to address the relative seismic hazard. All structures would have to comply with this standard. 3. Tsunami Hazard As the site is located 4.5 miles from the ocean and sits at the 1,000 foot +/- elevation, it is located outside of the Civil Defense's Tsunami Evacuation Zone. D. Flora/Fauna Botanical surveys conducted by Char and Associates in 1988 and reviewed in the Waikoloa Highlands EIS found no Threatened or Endangered plants on the project area. Some common native plants can be found mixed in with the invasive grasses and shrubs but the impacts to those plants will be minimal, as they are hardy and will quickly re-establish on disturbed areas. Surveys conducted by Rana Productions for the Waikoloa Highlands 7 I EIS found nine species, all introduced, of birds using the project area, including Black Francolins, Sky Larks and African Silverbills. The Hawaiian Short-eared Owl, Pueo, can frequently be found in the grasslands of South Kohala surrounding Waikoloa. No threatened or endangered birds were detected in surveys, it is possible that the endangered endemic Hawaiian Petrel and the threatened Newell's Shearwater overfly the project area between the months of May and November. Any exterior lighting will be shielded from shining upward, in conformance with Hawai'i County Code § 14 — 50 et seq., to minimize the potential for disorientation of seabirds. Surveys found only common introduced mammals (dogs, cats, rats, mongoose, and goats) in the project area. Although not detected during surveys, it is likely the endangered Hawaiian hoary bat occasionally over-flies the area. As there is not suitable vegetation on the site for bat roosting, it is unlikely that the proposed development will have negative impacts on this species. The site has not been cleared or farmed in the recent past. However, the site has been browsed by feral goats and donkeys for years. The site's vegetation is mostly dominated by invasive fountain grass thus, impacts on native species should be minimal. E. Historic/Cultural/Archaeological Resources Three archaeological studies have been conducted in the project area and are detailed in the Waikoloa Highlands EIS. Most recently in 2006, Cultural Surveys Hawai'i undertook a survey and was unable to relocate a previously identified site in the larger Waikoloa Highlands area (Site 22), and it was presumed destroyed or located outside the EIS project area. The EIS went on to conclude that no further archaeological study was warranted. However, if needed, an archaeological monitoring plan can be prepared and implemented in conjunction with further land clearing activity. Furthermore, in the event any inadvertent discoveries are made during any land disturbance activity relating to this project, work will cease and the applicants will immediately notify the Planning Department and the State DLNR and secure their clearances before proceeding further. 8 yy ffi G. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0 Ka'Aina decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion on the cultural, historical and natural resources, as well as the associated tradition and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by Native Hawaiians. The applicants have not observed any Native Hawaiians gathering plants on the site or the adjoining properties. Thus, it would appear unlikely that the site would serve such purpose today. In the event that legitimate gathering claims are made by Native Hawaiians, the applicants intend to respect and honor such claims and provide the legal and needed access within the site. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. H. Water and Coastal Resources The subject site is located approximately 4.5 miles from the coastline and sits at approximately 1,000 to 1,100-foot elevation. The remoteness from the coast combined with integration to the Hawaii Water Service sewer system, impacts to coastal water quality should not be significant. Further, being a non-coastal property, no coastal access will be affected. Noise, Air Quality, and Dust A newly built road meeting all County regulations will serve as the main access to the proposed lots. A slight increase in traffic will in turn marginally increase the road noise in the area. Additionally, the general area is a village commercial mix of uses. As such, the corresponding noise level is comparable to the other existing uses in the area. 9 5 There may, however, be short-term noise impacts associated with the construction of infrastructure. In that event, contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Health. The proposed development should not generate any direct air quality impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant. Especially considering higher EPA standards for automobile air ti emissions, the air quality impact should be negligible. All of the required parking areas within the project site must be paved with an all-weather, dust free surface. As such, with the exception of construction dust in the beginning, long term dust generated by the project should be minimal. J. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site, nor will the proposed rezoning and subdivision action affect any of the scenic resources outlined in the General Plan. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The land use in this area is generally suburban in nature with single- family dwellings, condos, and supporting businesses. There are parcels ranging in size from 3-acres to several hundred acres or more along Waikoloa Road. To date, all the residential development in Waikoloa has been on the north side of Waikoloa Rd. There is a A-5a 10.8-acre parcel to the west of the subject site. Also, there is a CV-20 14.6-acre parcel to the north, across Waikoloa Rd. To the south and east of the subject is the 716-acre defunct Waikoloa Highlands development zoned Open and RA-la. Several CV-10 parcels along Pua Melia Rd lie approximately 360-feet west of the subject property. Given the existing and zoned conditions, the proposed rezoning and subdivision would not be incongruous with the existing suburban nature of this area. 10 I 4 i Ip4 i l3 I Further, the adjacent property to the north of the subject site was rezoned in 2013 from A-5a to CV-20 in accordance with the Change of Zone Application REZ 2012-000157. B. Economic Impacts I The requested zoning would have some measure of economic impact, as it would make eight (8) additional fee simple lots available. The applicant also intends to build and an affordable housing development t and possibly eventually a hardware store on two of the parcels. This could eventually provide more employment opportunities to area residents. The project will also support construction jobs and purchases from local suppliers. C. Agricultural Impacts i The site has a LUPAG designation of Agricultural and has not had any recent agricultural activities. The lot size, soil quality, and climate of Waikoloa make it unsuited to intensive commercial agriculture. As stated before, a State Land Use Boundary Amendment Application is being submitted concurrently with this application to allow a Urban land use designation. Given the nearby land use combined with the difficulty of the parcel for agriculture, a village commercial zoning would be consistent with the sought land use designation and other zonings in the adjacent area. VII. INFRASTRUCTURAL CONSIDERATIONS t iA. Road u Access to the project would be from Waikoloa Rd. Waikoloa Road is a i County owned and maintained roadway with a right-of-way of 120- feet. The pavement width is generally 40 feet in the immediate area. All new lots will be served by a new proposed road. Traffic Impact Analysis has not yet been performed. Based on the planned addition of 36 residential units, fewer than 50 peak hourly 1 trips would likely be generated. At the time that further development of i the commercial lots is planned (for the hardware store for instance), traffic impact studies will be performed and required mitigation implemented. r i i 11 4 r k E i 4 i i B. Water j 1 Waikoloa Village is supplied by Hawaii Water Service. There is a Hawaii Water Service 20-inch water line fronting Waikoloa Road. I Adequate water is available for the proposed development and fire protection. See Hawaii Water Service "will serve letter" Exhibit 1. 1 l C. Wastewater Hawaii Water Service operates the private sewer in Waikoloa and is I willing to service the project subject to approval by the PUC. All newly created lots are proposed to be served by Hawaii Water Service / West Hawaii Sewer Company. I I D. Solid Waste g i Solid waste will be handled through commercial haulers into authorized landfill sites or transfer stations. With the requested CV-10 zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. I E. Other Government Services i As this area is part of the Waikoloa Village area, it is already being serviced. Based on the creation and impact of eight (8) additional lots, tt no extension of government services would be required. There is a tt Fire Station, Library and public school all located within 2 miles of the tt subject site. The nearest police station is located in Waimea, 18 miles away. In addition, there are recreation facilities in the general area as well. t However, Hawaii County Code Section 25-2-46 (o)(3), relating to u Concurrency requirements states: Any combination of residential j units, commercial space and industrial space equal or greater than j thirty-five thousand square feet of gross floor area; unless existing civil v' 1defensesirens, as determined by the State Civil Defense, are available to provide adequate warning coverage across the entire project site or that the provision of civil defense sirens to provide such r coverage is integrated as part of the zoning amendment or application for extension of time to perform a condition of zoning amendment. As such the applicant intends to install a new Civil Defense siren and tt integrate it to the Hawaii Civil Defense System. i 12 1 f As such, the project should not result in the extension of any other government services. Further, the required public facilities are located reasonably proximate to the subject site. F. Other Utilities All other utilities such as telephone and electrical services are available to the site. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-Term Productivity If the request were denied, the short-term use of the area of the proposed district boundary amendment and rezoning would probably continue in an idle state. The applicants would not have an opportunity to create an affordable housing development and more potential for commercial development to serve the community. tt. From a long-term productivity standpoint, the proposed additional eight (8) lots could provide a heightened level of possibility in having the land used for more valuable and productive purposes. B. Irreversible and Irretrievable Commitment of Resources As the site has been relatively disturbed in the past, it is not likely that its development would result in an irreversible commitment of natural or archaeological resources. The soil on the parcel has a classification of"E" or very poor by the Land Study Bureau. Given the poor quality of soil and climate of the area the site is unlikely to be used successfully for commercial agriculture. Further, studies have concluded that it is not likely that the site has any significant archaeological features. Again, if needed, a monitoring program can be conducted during any land disturbance activity. C. Mitigative Measures The applicant intends to make improvements, if required, generally consistent with the subdivision process. Also, if there is any 13 ggdgg i B9B construction activity, contractors will be obligated to comply with appropriate State noise and air quality standards. Should unanticipated archaeological finds be discovered in conjunction with any further development of the site, work will stop (as is required by the State and County) and clearance will be secured before work is resumed. There is one small drainage that crosses the site roughly parallel to Waikoloa Rd approximately 150 to 200 ft from the property frontage. This drainage is identified in the Waikoloa Highlands EIS as "Flood Route 1". Studies were done to delimit the flood plains and flood control plans for the EIS area by R.M. Towill Corporation in 2006. Any and all required grading or grubbing work would be done in conjunction with the required grading permits. This is to assure that the development of this site does not adversely affect the drainage of surrounding properties. Finally, there will be no person or businesses to be dislocated by this project. D. Alternatives to the Proposed Protect 1. No Project Under the status quo alternative, the site could continue in its idle state, overrun by invasive fountain grass and browsed by feral goats. The potential for economic development would largely be lost. 2. Alternative Density Under this alternative, the applicant could seek a less intensive zoning, such as CV-20. This zoning category would arguably be consistent with some of the surrounding zonings. Such an approach, however, may be contrary to the policy of trying to concentrate commercial uses within and surrounding a central core area, as a lower density zoning would lead to a more sprawling form of development as opposed to a more concentrated, higher density development. Given the nature of fi the area, the requested density of CV-10 would be consistent with the overall make-up and development trends of the community. 14 1 I a iE E t I 1 I r: 1 3. Evaluation of Alternatives a I The project's impacts to the area's social and physical infrastructure would not be pronounced. Certain mitigative 1 measures could be taken to address any possible impacts 1 associated by the development of this project. k E In view of the aforementioned, it would appear that none of the E alternatives would be more prudent and beneficial than the requested CV-10 alternative. I IX. REGULATORY ANALYSIS I i A. General Plan LUPAG Map The General Plan provides for the long-range comprehensive development of the island of Hawai'i. It provides direction for balanced growth in the County. The LUPAG map designates the site Open and t Rural. This designation does not support the change of zone to CV-10 1 however the LUPAG map is a guide and not "set in stone". The t LUPAG map designation of Medium Density Urban which would support such a request is approximately 360 feet to the west of the subject property. Further the property located directly across Waikoloa Road is zoned CV-10. Therefore, the request would be generally consistent with the surrounding uses and LUPAG map. Additionally,k the affordable housing component is needed in this area and should Efurtherunderscoretheviabilityofthisrequestandtheneedforasmall amount of latitude with respect to the LUPAG map designation.t I B. General Plan Polices t The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. E E For one, it may provide economic opportunities, from increased employment options and through the construction of any E improvements required for the subdivision. More importantly, however, longer-term opportunities would be created largely in the added amenities and resources available in Waikoloa Village. In so doing, the resultant project should add revenues to the County and State is coffers.EE t i tE 15 E i 1 E a The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of the sun and wind patterns. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) areas of environmental concerns - air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not violate any of those objectives. Aside from the very limited vehicular transmission, air pollution associated with the project should be negligible. All wastewater would be handled by the Hawaii Water Service sewer system. This should be sufficient to address any potential groundwater or coastal water impacts. If required, while not necessary for a project of this nature and size, a solid waste management plan could be prepared and implemented. The project will also be minimal in noise, except what may be associated with the general commercial use. Any noise-generating facility, such as air conditioners, would be carefully placed to minimize their noise impacts to adjoining properties. The vast majority of the project site is outside the boundaries of a flood way. Nonetheless, if required, a drainage system will be designed and constructed (especially in conjunction with the subdivision approval process) in a manner to protect the property as ttwellastominimizethevolumeofsurfacerunoffgeneratedbythis development. The site does not appear to have historic sites according to studies undertaken on and around the site. Nonetheless, work will cease if r. unanticipated archaeological remains are discovered during the development of this project. Work will resume only after proper clearances from the State and/or County have been received. While there has been sightings of the Hawaiian short-eared owl Pueo), this area is not their primary habitat. As such, the subject project should not have any significant impacts on rare or endangered plant or animal life in this area. The proposed CV-10 zoning will help fulfil the objectives of the housing element by creating eight (8) more lots, including a 36-unit affordable housing development. The Plan also emphasizes that 16 I developments be mindful of an area's natural beauty. In this situation, the project—with the protective conditions —will be used in a manner where it blends with the existing terrain. As the project site is approximately 4.5 miles from the ocean and has an elevation of 1,000 +/- feet, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access.a; Further, through the use of Hawaii Water Service's sewer system, impacts to the coastal water will be minimized. There will be marginal impact to public facilities. The wastewater system will integrate with the private sewer system, and the Hawaii Water Service water line exists to the site. Vehicular access to the site will be fully improved to County dedicable standards and the site is accessible by emergency vehicles. Schools and other public facilities are also located proximate to the site, most of them being less than 3 miles away. Finally, in terms of the Land Use, Housing and Commercial Development elements, the pertinent goals, policies, and standards of the General Plan note the following: Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County (Land Use Element) Encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. Housing Element) Encourage corporations and nonprofit organizations to participate in Federal, State and private programs to provide new and rehabilitated housing for low and moderate-income families. Housing Element) Continue to review codes and ordinances for overly stringent restrictions that may impose unnecessary hardship and adopt amendments if warranted. (Housing Element) Ensure that adequate infrastructure is available in appropriate locations to support the timely development of affordable housing. Housing Element) 17 1 Work with, encourage and support private sector efforts in the provision of affordable housing. (Housing Element) Aid and encourage the development of a wide variety of housing to achieve a diversity of socio-economic housing mix (Housing Element) Provide for commercial developments that maximize convenience to users. (Commercial Development Element) Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. (Commercial Development Element) Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region s' and County. (Land Use Element) Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. (Land Use Element) Encourage the concentration of commercial uses within and surrounding a central core area. (Commercial Development Element) The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. (Commercial Development Element) 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 Discussion fi$ Ji In view of the foregoing goals and policies, it is noted that the requested zoning would be generally compatible with the surrounding 18 area. There are many CV-10 zoned lots nearby and makai of the subject site. As Waikoloa Village and its surrounding area continues to grow, there will be a need for more village commercial zoned lands. This request also reflects this demand. The subject project, in addition to attempting to meet this need, also fulfills other policies and standards articulated in the General Plan. The site is already serviced by adequate infrastructure — a 20-inch water line already exists at the site, police and fire protective services are available nearby, adequate sewer system capacity exists at the site, and all other utilities are available to the site. As such, this development should not require additional public services to be provided. The soil of the site is classified "E" or very poor by the Land Study Bureau and the climate of Waikoloa is generally not conducive to commercial agriculture. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. TheThe prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. Likewise, surface and subsurface archaeological remains do not appear to be likely on this site. C. South Kohala Community Development Plan As noted earlier, the South Kohala Community Development Plan SKCDP), specifically the Waikoloa Village Plan section, attempts to further define the General Plan and serves as a guide for decision- makers. The proposed change of zone request is conducive to the following goals and policies outlined in the SKCDP: Waikoloa Policy 1. Provide Infrastructure and Facilities for a Growing Community shall be an overarching planning policy for Waikoloa Village. The County shall work closely with the Waikoloa Village Community and area developers such that funding for important infrastructure projects and community facilities is provided Waikoloa Policy 2. Environmental Stewardship, Sense of Place Open Space shall be an overarching land use policy for Waikoloa Village. Land use decisions shall be based on sustainable management of the open grass lands and natural resources of the Waikoloa area. 19 1 Waikoloa Policy 4. Encourage Affordable Housing and Smart Growth by concentrating development in areas that are already zoned for Resort, Residential, Commercial, and Industrial growth or areas that are otherwise appropriate for businesses that address the needs of this community. (emphasis added) Strategy 1.4 Develop a Major Commercial Center for Waikoloa Village with shops, stores and small business opportunities... There is no set timetable for any of these (Pua Melia and Waikoloa Heights) "commercial" locations to be developed and there is no certainty that they will in fact be developed for commercial services, or for what types of businesses they may be developed. For this reason, the community should give consideration to allow for additional commercial locations where small to medium-sized businesses could be established that serve the needs of the Waikoloa community. If appropriately located, these businesses would add to the sense of acommunityandwouldreducetheamountoftraffictoWaimeaand Kona. D. Zoning and Subdivision The designated zoning of the site is RA-la and Open. Should the CV- 10 zoning be approved, the requirements of the zoning and subdivision codes would generally be complied with, including use and related development standards. These include the possible incorporation of appropriate restrictive covenants relating to density, use, and design restrictions. E. State Land Use Agricultural Standards The State Land Use Designation is Agricultural, however the State Land use Boundary Amendment Application submitted concurrently with this report requests a State Land Use Designation of Urban. The requested rezoning to CV-10 should not be contrary to the requested State Land Use Urban Standards. X. CONCLUSION Based on the consistency of the proposed change of zone request with the County's land use policies, approval of this request would be logical and reasonable. 20 In addition, the request will help fulfil the need for additional housing options and help generate additional property tax revenue for the County during a time of an impending budget crises. Lastly, the requested density is consistent with the surrounding area and properties. The alternative of leaving the land in Open and Residential and Agricultural zoning would not be a reasonable option and would greatly limit its potential land use. While other zonings of an agricultural nature could be achieved, the requested CV-10 zoning is the most sensible. 21 i NAwa/I HAWAII WATER SERVICE o . 1 4-6. Wiikolo r HI 9673R TO:( 77) 886-778,1 _ol -i r':IN SEs'l` i John Pipan Land Use Administrator end() Kern Plunninju Consultant I.I.( t y January 6. 2020 f: i t. Re: Proposed Project in Waikoloa Village: TMK (3)-6-8-002-057 Dear Mr. Pipan: k. West Hawaii Water Company (WHWC ) and West Hawaii Sewer Company (`WHSC ) are certified by the Public Utilities Commission of the State of Hawaii ( Commission ) to provide water and wastewater services to the Waikoloa area of Hawaii Island. State of Hawaii. You have requested availability of water and sewer service for your project at TMK (3) 6-8-002-057 ("the project'). t The Project is within the existing service territory of WHWC and, therefore. can be served by fWHWCsubjecttotheissuanceofawillserveletterandinaccordancewithWHWCsRulesand Regulations. WHWC can confirm the availability of water for the Project although it is not secured until such time as an Extension Agreement is executed and Contribution In Aid of Construction is paid. i The Project is not currently within the existing service territory of WHSC but WHSC is more than willing and able to serve the project with PUC approval of the expansion of WHSC service territory. As WHSC is the only operator of record in the Waiko!oa area there is no foreseen issues with obtaining service territory expansion However, it is ultimately left to the PUC to t decide.t I! This only letter only confirms the willingness to serve the Project Any connections to our systems is the responsibility of the developertL'r t, Please feel free to contact us should you have any further questions or concerns Sincerely. t Robert Stout t, tAccountingManager i. t nu;i tv. Sery.'ir_e. /,a; e t hawaiiwaterservice.com 1 l Communication No. 2019-10 Waikoloa Subcommittee's Waikoloa Road-Paniolo Avenue Intersection Report South Kohala Community Development Plan (SKCDP) Action Committee Waikoloa Subcommittee Report: Paniolo Avenue-Waikoloa Road Intersection 250 s00 feet ,,.\ 7` 44, 44.« r a Y Io enue WN' ika oloa Road Waikoloa Road Pua Melia Street 1 N Waikoloa Road-Paniolo Avenue intersection as it is in 2019. Image from Apple Maps. Labels added. Preface: June 2019 Update As this report was being prepared by the Waikoloa Subcommittee,Council Member Tim Richards moved ahead with a CIP proposal at a special meeting of the County Council on June 5, 2019. The amendment was Communication 118.11 for Bill 31, the 2019-2020 budget bill, and specified, "... to add the Waikoloa Road/Paniolo Avenue/Pua Melia Street Intersection Improvement project in the amount of 4.5 million to the Department of Public Works."The amendment was passed unanimously by the Council and Bill 31 was"AMENDED TO DRAFT 4 AND PASSED 2ND AND FINAL READING." As of this report date (June 18), the County budget process is not yet complete and the final budget has not been approved by the Mayor,but the addition of this CIP is an important and meaningful step forward towards addressing issues with this intersection. June 18, 2019 Planning Dept. Page 1 of/7 Exhibit 4 Communication No. 2019-10 Walkoloa Subcommittee's 6T aikoloa Road-Paniolo Avenue Intersection Report The subcommittee recommends supporting the CIP with communications to the Department of Public Works, the Traffic and Engineering Divisions within the Department of Public Works, and the Mayor. If the SKCDP Action Committee can assist with public input or other activities with the scope of the Action Committee, the subcommittee recommends providing that assistance. 1. Executive Summary Based on community feedback and observations, the intersection of Waikoloa Road, Paniolo Avenue, and Pua Melia Street at Waikoloa Village in South Kohala has become increasingly 1 dangerous and is in need of safety improvements. The intersection is also steadily becoming busier and certain routes, such as left turns from Paniolo Avenue onto Waikoloa Road during morning commute hours, appear to be below the acceptable level of service for this type of intersection. Furthermore, the Waikoloa Village area is growing quickly, including new affordable housing development and new shopping center development, and any problems with the intersection are likely to become worse in the near future. Options for developing improvements to the intersection have been considered in the past and developer obligations were added on some rezoning and subdivision approvals decades ago, but these have not resulted in producing the needed safety and capacity improvements. In fact, it appears that this path will not succeed,as there are no signs of progress from any of the developers, and it is time for the County to take action regarding the intersection. The South Kohala Community Development Plan (SKCDP) includes multiple Policies and Strategies relating to improving safety and circulation of the South Kohala and Waikoloa Village roadways, and also references the 2005 Hawaii County General Plan which specifically lists providing traffic signals to the Waikoloa Road-Paniolo Avenue intersection as one of the Courses of Action"for South Kohala. The intersection could be improved in various ways, but this subcommittee suggests having the intersection studied by traffic professionals to recommend the necessary and best improvements and then proceeding on those recommendations. The improvements could be funded by the County through a project initiated with the CIP process or through a project initiated at the Department of Public Works. In either case, the subcommittee recommends requesting the Traffic Division at DPW to perform a traffic count and analysis to begin the process. kk June 18, 2019 Pae 2 o 17Pagef Communication No. 2019-10 aikoloor Subcommatee's Waikoloa Rchicl-Paniolo Avenue Intersection Report 2. Introduction The large majority of Waikoloa Village ("Village") is connected to the rest of Hawaii island by a single road,Paniolo Avenue. Paniolo Avenue intersects with Waikoloa Road about 6 miles mauka of the Queen Ka'ahumanu Highway and about 7 miles makai of the Mamalahoa Highway. Paniolo Avenue also continues across Waikoloa Road as Pua Melia Street. Commuters, students, tourists, and others travel in and out of the Village on Paniolo Avenue every day,passing through the intersection with commuters, tourists, trucks, military convoys, and other traffic traveling up and down Waikoloa Road. The Paniolo Avenue-Waikoloa Road intersection has become a busy intersection in the last 15 years. There are stop signs on Paniolo Avenue and Pua Melia Street, and left turn lanes on Waikoloa Road in both directions. There are crosswalks across all roads. However, there are no other traffic control devices installed at the intersection. For several years now, Village residents have raised concerns about vehicle and pedestrian safety at this intersection and various factors, such as increased trucking, have changed the composition of the traffic. Multiple landowners near the intersection were obligated by the County to making capacity and safety improvements to the intersection, but none of these improvements have started. The Waikoloa Subcommittee was asked to investigate and report back to the Action Committee on the reported issues with the intersection, the status of various plans and commitments to improve the intersection, and recommendations on next steps or other actions that can be taken to move forward improvements for the intersection. For brevity, the intersection will be referred to below ag the Waikoloa-Paniolo intersection, or just"[the] intersection". 3. Population/Housing/Growth To understand the change in use of the intersection and the future trends, the subcommittee is providing the following analysis of Waikoloa Village population growth and various developments around the Waikoloa Village area. There has been steady growth in population, housing, and commerce in Waikoloa, as anticipated in the SKCDP Pages 89. [Append&CDP 3.1. Population Growth in Waikoloa & South Kohala The 2020 US Census is less than one year away, so accurate data on Waikoloa Village's population is not available; however, prior Census data shows that the Village's population grew substantially over the past twenty years, and that the trend continues. July 2017 US Census estimates indicate an 8% increase in Hawaii County's population to 200,381, up from 185,079 in the official 2010 Census. Conservative estimates are that the Village has grown into a town of over 7,000 people. June 18, 2019 Page 3 of 17 11 1 Communication No. 2019-10 Itiaikoloa Subcommittee's Waikoloa Road-Pi,,,olo Avenuevenue Intersection Report Year Big Island Waikoloa of Population Population Waikoloa Growth actual or estimated) 1990 2,248 N/A 2000 148,677 4,806 113% 2010 185,079 6,362 32% 2020 estimated 200,381 7,000+ 8%-10% or more Source:July 2017 US census estimates Information from the State Data Book(updated November 2018,Appendix D-1)provides data on the Resident Population growth by State and Counties (Appendix D-2, Populations by State Counties, raw numbers) shows that the Big Island's increases are consistently higher vs. the State as a whole and any other county. ANNUAL GROWTH RATE by STATE & COUNTIES Date STATE total City/Co. Hawaii Co. Kauai Co.Maui Co. Oahu 2005-2010 1.1 0.8 2.0 1.3 1.6 2010-2017 0.7 0.5 1.1 1.0 1.0 Source: State Data Book 2018. Resident Population growth by State and counties, Iable1.07. Appendix D-3] Additional information from the State Data Book (2018)data breaks down the Resident Population of Hawaii County by District by decades from 1990-2010 and from to 2012- 2016. (See modified table below.) CHANGE RATE BY Hawaii County DISTRICTS oda Increase Change 1990- 2010- 1990 21)00 2010 2012-16 2016 2016 i Hawaii County 120,317 148,677 185,079 193,680 61%5% r Puna 20,781 31,335 45,326 45,517 119%0% South Hilo 44,639 47,386 50,927 52,487 18%3% North Hilo 1,541 1,720 2,041 1,676 9% -18% Hamakua 5,545 6,108 6,513 7,463 35% 15% North Kohala 4,291 6,038 6,322 6,441 50%2% South Kohala 9,140 13,131 17,627 18,751 105%6% North Kona 22,284 28,543 37,875 41,662 87% 10% South Kona 7,658 8,589 9,997 11,277 47% 13% Kau 4,438 5,827 8,451 8,406 89% -I% Source ofinformation in WHITE columns: State Data Book 2018. on Percentage Change of Resident Populations by county: 2000-2017 (Table 1.12) Columns in YELLOW were added for this analysis. (Appendix D-4] June 18, 2019 Page 4 of 17 Communication No. 2019-10 Waikoloa.S'uhcommittee's Waikoloa Road-Paniolo Avenue Intersection Report Between 1990-2016, every Hawaii County District grew, especially Puna and South Kohala; however, between 2010-2016, some Districts leveled off(i.e, Puna), others Districts declined (N. Hilo, Kau), and the remaining Districts continued to grow, especially in Kona and Hamakua. South Kohala also grew by 6%during that period. Population" in a locale that is popular world-wide with tourists must include the impact of those visitors on matters related to infrastructure. Valuable data on de facto population comes from The 2017 State ofHawaii DATA BOOK, A Statistical Abstract,updated in November 2018. De facto population is defined as the number of persons physically present in an area, of military status or usual place of residence. It includes visitor present but excludes residents temporarily absent, both calculated on an Avenuedaily census. Table 1.04 Resident and De Facto Population, by Residence Status: 2000 to 2017 [Append&D-5]. The significant take-away from this data is that in every year, the de facto population exceeds the resident population. The Waikoloa Pla=a developer Meridian Pacific presents related data in their prospectus regarding visitors/tourists, as follows: There are 1,191,470 tourists that visit the west side of Hawaii (Kohala Coast) each year. Average stay in Kohala/Kona resorts is 7 days. By dividing the number of tourists by the Average stay, the outcome should be the 1 number of static tourists that are in the Kona/Kohala Coast per week on Avenuerage: 22,912 people/week. Number of tourists on an Average/week at 100% occupancy: o Mauna Lani or North: 7,102 o Waikoloa Village or South: 8,248 Conclusion: Population growth has occurred as predicted and continues in Waikoloa. All indications are that growth will continue and exceed that of other parts of the State and Hawaii Island. 3.2. Housing growth and developments in Waikoloa The number of Waikoloa housing units also increased, as did population density per square mile. Year Density/Sq. Mile Density/House Housing Units 1 2000 251 107 2057 2010 356 170 3042 Source, U.S. Census Fr June 18, 2019 Page 5 of 17 i 11 Communication No. 2019-10 Ih 1 ii Wcukoloa.S'ubconumttee's Walla)Ion Rood-Pamolo Avenue Intersection Report Ii l i 4, l' I I A list of housing developments includes: i i 1iSUBDIVISIONNAMEUNITS1 1 Kaiaulu '0 Waikoloa affordable) 63 k ti i I Kamakoa Nui HI Co. Workforce Housing ) P1,200 g ItKilohanaKeiPhaseI127ii1iKilohanaKeiPhaseII501i 1 Pua Malia (affordable, formerly Waikoloa Highlands land)60 i 1 I Sunset Ridge (Makai) 120 1i i Sunset Ridge (Makai Vistas)31 i I Waikoloa Mauka (Waikoloa Road/Mamalahoa Hwy.) 96 i i1 i Wehilani (Castle & Cooke)756 iIiISubtotalofActiveHousin. Pro'ects 2,503 7, s,,,,3.,, *:v. qo,i4-0,z1 1 1i44;vg 1,f,.-1:;a :i .0 i3Z;V:;.44,10htil.44.„611-44A:y;,:,it:,,:,!-).A.,,;;Nikt,1 iiAinaLeaISeenotes *A & *B 2,406 1 iiWaikoloaHeightsSeenote *A 2,400 ii1 1 Waikoloa Mauka (RA-1) See note *A 398 1, i Subtotal of Planned Build-out (from CDP) 5,204 1 1 4-,15.,,,-..,,' ,,-7-4"1,i,74st.,4=2:4'-,:-;p fiArogAVFP,S,'M VKWAVATIMIrgergatatMai MIPM:3A* I i Soilitehq4A'AitigifeRitAiNififiiiiaMiiiiikdil ' ilitiatawkasoomkomgain 1i iiTOTALofPlannedBuild-out See note *1 70771 i i 1 Note*1 This correlates with but is LARGER than.S'KCDP projections of 9 /71601 1INoteA. These TMK parcels have received the necessary entitlements to develop, but have not Iprogressed. I Note B. These TMK parcels are designated by the County LUPAG for Urban Expansion, but 1 1Ihavenotprogressed. E 1 i I3.3. Commercial developments in Waikoloa I 1tBinEnergyHawaiiLLC, a Kailua-Kona-based developer of waste-treatment and alternative- energy systems, plans to start construction on its $50 million resource-recovery and energy- 1 1, conversion facility on the Big Island. BioEnergy Hawaii plans to lease about 15 acres of land on I t. a portion of the property now known as the Waikoloa West Hawaii Concrete Quarry and operate 1 i an integrated resource-recovery facility to divert municipal solid waste from the West Hawaii i Sanitary Landfill and elsewhere. f i It will be processing about 200 tons of incoming municipal solid waste per day, which is collected by local waste haulers, along with a variety of other waste materials. The facility could i i hine 18, 2019 Page 6 of 17 i f f f. i Communication No. 2019-10 Waikoloa Subcommittee's Waikoloa Road-Paniolo Avenue Intersection Report expand to allow for a capacity of 400 tons per day of waste. Of this volume, about 70 percent would be suitable for energy-conversion operations and the remaining 30 percent would consist of waste material that would be disposed at West Hawaii Sanitary Landfill, which registers at more than 500 tons per day. In March, 2017, Hawaii County Planning Department gAvenue its stamp of approval to the developer. F Conclusion: This project is likely to increase the amount of traffic on Waikoloa Road, and it will likely decrease the speed of traffic flowing through Waikoloa from the Mamalahoa Highway to near the Queen Ka'ahumana Highway. WAIKOLOA PLAZA is being developed by Meridian Pacific, Ltd. in Waikoloa located in the southwest corner of the main Village intersection. Its promotional materials state that"Waikoloa Plaza will have a distinctive blend of tenants to provide [residents and] visitors needed daily services,speciality shopping, entertainment and eateries in the continuously growing Waikoloa Village community." Access by motor vehicles to the Plaza will include two major entrances, one on Waikoloa Road and another on Pua Melia, about 1,000 feet makai of the post office. A thiRoad entrance would be across from the lower entrance to Waikoloa Highlands Shopping Center on Waikoloa Road. The 130,000-square-foot$40 million shopping center will encompass 19 square acres,with 35 retail stores filling spaces ranging from 800 to 35,000 square feet. Eighty-five percent of Waikoloa Plaza has been leased with tenants including Aloha Petroleum, Ace Hardware, Foodland,Fitness Forever, Family Health and Wellness,CrossFit AllStar,and dining outlets such as Balimo's Pizza, Chef TK, L&L Hawaiian BBQ, Strato's New York June 18, 2019 Page 7 of 17 Communication No. 2019-10 Waikoloa Subcommittee's Waikoloa Road-Paniolo Avenue Intersection Report Pizzeria, SushHi and Bodhi Tree Juicery. The developer is also in talks with Nail Salon, Island Holistic Healing, Verizon, Longs Drugs, Maui Taco's,Dunkin' Donuts,Denny's, The UPS Store and McDonald's, among others. Plan sr r•,r r j:a1 :ss„Rpm. _ - 11114 YJItlea Na:l w 1 B1, i. 1SjG7 +;J j rs.ow L The!II I F3 Waikoloa,Village 1:011TAwncenterr D2 P4 i Poe 0114.1 1 (E2PEI AA GYm j The RED circle on the map above is at the intersection of Waikoloa Road and Paniolo Avenuenue. The VPO(Vehicle Per Day) is16,600, accoRoading to the Plaza's Prospectus. A proposed 150-room hotel is another unique aspect that Meridian Pacific Owner Gary Pinkston hopes to add to the shopping center. The decision for a hotel was also based on the seat count into the Big Island being up from 600,000 five years ago to 1.3 million in 2018. At the same time, the Hilton and others have taken 700 guestrooms out of service for condos. April 30, 2019,Meridian Pacific broke ground at the site. This site,zoned for commercial development has been a long-awaited improvement to the area, and is welcomed by most. This heightens the infrastructure needs in Waikoloa. Community members express concerns that the shopping center will exacerbate traffic issues on the only road and at the major intersection. This shopping center is what we were looking for in our county, and with economic development will come prosperity for the community,”District 9 Councilman Tim RichaRoads said. RichaRoads is working to address the congestion at the intersection with a traffic signal or a round-about, depending on the findings of experts in the field. Conclusion: This project will certainly increase the amount of traffic on Waikoloa Road and congestion at the intersection at Paniolo Drive. It heightens the urgency to address safety issues at the intersection via a traffic light or a round-about, and provide another access road to the Village. June 18, 2019 Page 8 of 17 Communication No. 2019-10 Waikoloa Subcommittee's Waikoloa Road-Paniolo Avenue Intersection Report 3.4. State development in Waikoloa: PUBLIC LIBRARY for WAIKOLOA REGION. The 2018 legislature authorized the purchase of land in Waikoloa to build a public library. On April 25, 2019 Governor David Ige released$1.9 million in Capital Improvement Project funds to buy a 1.750-acre parcel for the new Waikoloa Public Library. The library is to be located on one of the parcels in the future Waikoloa Plaza shopping center, near the intersection of Waikoloa Road and Paniolo Avenuenue. (See above.)The library site would be just past the existing Post Office building on Pua Melia Street. Once the parcel is purchased by the state,the Department of Land and Natural Resources is required to prepare an Environmental Assessment for the project and the public will have the opportunity to submit comments. After that,the project will start its design phase during which the community can provide their advice about what should be included in the facility. Friends of the Library of Waikoloa Region(FLWR)has worked diligently for over a decade to procure a Public Library for the Waikoloa Region residents and visitors. They are hopeful that the library will be completed and accessible in 2022. Sits Plan Y..,.`°"Club w"'""" aramutt as Vie' s://a%m1 aye." A Mem%Vim(.) ars 11016. Ace Swim. m to a pa aria nan yaM C+eers (/2411 1C.f Cm*YWe(f.) a C n.%. .(0241) arncpea( in!' a Dt 4.m`s.No it,•wn%rww.erwd.ee.(r.l Y...I......wlonam. r-/p'n OUT4100fP b;t 7,, Nrli rrw Lit M...c.MO(MM @ n` UMW wow a'rr•.• .&c:•2 it 4... 1do/•fl f41dY '1r Q 1.1I TI-A I- mr 1 1 K+ t yWeirNWUlm 4i etyb awMIN L i b ra ryNy M%YIU/PJr..14.L1 u. 3.5. State development in Waikoloa: Waikoloa School (K-8), Building J Waikoloa Elementary School opened in September of 1994 with 325 students (K-5). The Elementary school's population grew to @560. In 2007,the BoaRoad of Education authorized the expansion of the school to incorporate Middle School students. With that, Waikoloa School's student population has grown to @825 students and @130 staff members. Building J is a two-story 10 classroom building and is the final phase of the original school plan's build-out. It is currently under construction in 2019. 4. Traffic, Pedestrians, and Bicycles in the Intersection June 18, 2019 Page 9 of17 Communication No. 2019-10 Waikoloa Subcommittee's Waikoloa Road-Paniolo Avenue Intersection Report The subcommittee investigated traffic, pedestrian, and bicycle usage of the intersection,as well as industry best practices for evaluating and addressing safety and capacity concerns with intersection. 0 - 100 .:64-est g` P 60 a ii 1010 AN enue fr Waikoloa R et Yj A' yia R ! 1„, 41114h..--. *^r'.,- Waikoloa Road Pua heli, Street se The image above shows the Waikoloa Road-Paniolo Avenue intersection with traffic markings visible as it is in 2019. The image isfrom Apple Maps and includes vehicles lined up in the left- turn lane on Waikoloa Road, turning onto Paniolo Avenue, and a truck in the process ofmaking a left turn. Labels have been added. 4.1. Traffic Review Vehicular traffic at the Waikoloa-Paniolo intersection has the following traffic patterns, as indicated by past traffic surveys and observation (Highlands 2005, various traffic counts, casual observations). The peak times are morning and afternoon, as is typical. In the morning, traffic leaves Waikoloa Village via Paniolo Avenue and turns right or left onto Waikoloa Road, e.g. for commuting to work or school in Waimea, Kona,Hilo, or down to the resorts, or tourists heading out for activities for the day. There is also traffic up and down Waikoloa Road passing through the intersection but not turning, e.g. trucking, commuters from Waimea or Hilo down to the resort areas, tourists coming up from the resort areas heading to other parts of the island. In the afternoon,the flow is reversed as people return home. The through-traffic on Waikoloa Road also continues. June 18, 2019 Page 10 of17 Communication No. 2019-10 Waikoloa Suhconunittee'.s 6Vaika/oa Road-Paniolo Avenue Intersection Report a During the day, there is a moderate flow of trucks and other traffic traveling up and down i Waikoloa Road and a lesser flow of traffic in and out of Waikoloa Village. There is an increase in traffic in and out of Waikoloa Village around lunchtime. The traffic onto Pua Melia Street is significantly less than onto Paniolo Avenue,primarily driven i by the U.S. Post Office located on Pua Melia Street. Pedestrians using the intersection are primarily residents from Waikoloa Village walking to and from the Post Office, but also include people exercising along Waikoloa Road and Pua Melia Street. Cyclists are often observed riding up and down Waikoloa Road. These patterns are likely to change significantly in the future, especially vehicular and pedestrian1useofPuaMeliaStreet, due to the new shopping center and affordable housing that are being developed there. Vehicle traffic through the Waikoloa-Paniolo intersection is also going to change due to increased trucking activity, such as for trucking waste from the windward side of i the island to the leeward landfill, but will likely be reduced if the DKI extension is constructed from the Mamalahoa Highway down to the Queen Ka'ahumanu Highway. i 4.2. Intersection Safety The primary risks at the Waikoloa-Paniolo intersection are vehicular accidents, particularly involving traffic turning into or out of Paniolo Avenue and Pua Melia Street, and vehicles hitting 1 pedestrians crossing Waikoloa Road. These risks are likely exacerbated due to the lack of any traffic control at the intersection and the frequency of people misunderstanding the traffic rules at the intersection, especially non-residents,which results in unexpected behavior, such as stopping as if there were stop signs on Waikoloa Road. i i 4.3. Intersection Traffic Load and Capacity Various U.S. state departments of transportation and highway design experts have developed guidelines for how to determine if an intersection needs to have signalization or other traffic controls added. This takes out the subjectivity that is common when soliciting feedback on whether an intersection needs traffic controls, e.g. due to safety concerns or long traffic delays at i peak travel times. i In many states, the state department of transportation will conduct intersection traffic surveys when appropriate requests are made by individuals or organizations. These surveys will include traffic flow counts, pedestrian and bicycle counts, analysis of at least three years of accident or traffic violation data, sight lines and distances at the intersection, and other case-by-case data. i The data is assembled into a traffic analysis report which compares the intersection data vs industry-standard metrics, to advise if traffic controls, such as traffic signals or stop signs, are1justified. One of the more common metrics that is evaluated is the"Level of Service" of the intersection, defined in the Highway Capacity Manual, which evaluates the number of seconds afvehicleisdelayedwhentravelingthroughorturningattheintersection.3 A study of this nature was conducted for the Waikoloa-Paniolo intersection back in 2005 as part of an EIS for a nearby subdivision, the Waikoloa Highlands. This report includes projections for future traffic at the intersection, but it makes some assumptions about future developments at the time, such as the Auwaiakeakua Gulch in Waikoloa Village having a bridge and road to June 18, 2019 Page 11 of17 i i i 3 ii4z Communication No. 2019-10 i a E 61-aikoloa.Suhcomniittee's 6t'nikoloa Roac1-Paniolo avenue Intersection Report Waikoloa Road built by 2010, which has not happened as of 2019. Nevertheless, the report recommended adding a traffic signal to the intersection based on the 2005 analysis and 2010 projections,primarily to address "Level of Service" issues with left turns from Paniolo Avenue onto Waikoloa Road. (WHTIA, p. 25) Traffic on Paniolo Avenue and Waikoloa Road were counted in separate activities in 2016 and 2018, although the data was collected in different locations and not incorporated into a formal traffic analysis report. Traffic at the intersection has also been estimated currently at 16,600 vehicles per day by the Waikoloa Plaza development team,Meridian Pacific (per leasing brochure, 2018). 4.4. Near-term Pedestrian Usage Increases Pedestrian and bicycle usage is very likely to increase in the future, within the next two years, due to the construction of a large shopping center on the south side of Waikoloa Road. This will drive pedestrian and bicycle traffic from Waikoloa Village(on the north side of Waikoloa Road) across the intersection to and from the shopping center. There is also an affordable housing development planned on Pua Melia Street that will have around 60 units which will also increase pedestrian traffic at the Waikoloa-Paniolo intersection, as people from that development walk across the intersection to the existing shopping center on the northwest corner of Waikoloa Road and Paniolo Road, and possibly children walking or cycling to school at Waikoloa Elementary & Middle School. 4.5. Near-term Traffic Increases Waikoloa Road is currently used as the main thoroughfare between the Mamalahoa Highway and the Queek Ka'ahumanu Highway. This results in many trucks traveling through the Waikoloa- Paniolo intersection. Military convoys also use this route and occasionally slow down traffic, but this is not typically a daily occurrence. Industrial use and construction projects along Waikoloa Road, such as the West Hawaii Concrete quarry, the BioEnergy Hawaii plant, West Hawaii Concrete's planned asphalt plant, AES Distributed Energy's planned solar power plant, the planned trucking of waste from East Hawaii to the West Hawaii Sanitary Landfill in Puuanahulu, and others, add(or will soon add)to the daily heavy vehicle traffic. 4.6. Intersection Recommendation After reviewing the available data, it seems to the members of the subcommittee preparing this report that the Waikoloa-Paniolo intersection needs to have traffic controls added, such as a traffic signal or a roundabout. However, it is difficult to draw a firm conclusion without having professionals review current traffic data for the intersection. Fortunately, intersection traffic control is an extrememly well-studied area with established standards and procedures for determining how to address intersection traffic and safety. This would typically consist of a traffic study (or traffic count)performed by the Hawaii County Traffic Division for the Waikoloa-Paniolo intersection. June 18, 2019 Page 12 al 17 Communication No. 2019-10 flthkoloa Subcommittee's iValkoloa Rood-Potoolo Avenue Intersection Report The subcommittee therefore recommends requesting that the Traffic Division perform a traffic count at the intersection and then evaluate the results using their tools and expertise to determine what improvements, if any,are warranted at this time. The subcommittee also recommends requesting that the traffic count be repeated every three years to identify further improvements or changes necessary in the future as the Waikoloa Village area continues to grow. In support of this recommendation, it is worth noting that the County of Hawaii has also recognized the need for improvements to the intersection by adding obligations for developers to improve the intersection if they proceed with developments on three lots near the intersection, however, as explained in Section 7 below,this has not resulted in any improvements and does not appear to be a viable plan for improvements to the intersection in the timeframe they will be needed. 5. Community Input/Feedback The members of the subcommittee live in Waikoloa Village and regularly speak with other residents of the Village. It is hard to produce statistics from these discussions, but it is notable that in every discussion about the Waikoloa-Paniolo intersection, residents always agree that the intersection is dangerous and needs improvement. Village residents have varying opinions about what kind of improvement should be made, generally preferring either a traffic signal or a roundabout, but none of the subcommittee members have experienced a Village resident arguing that safety improvements are not needed. One informal survey was conducted on the website "Nextdoor" on their Waikoloa Village community page. This survey received 76 replies from about 25 Waikoloa Village residents. There were various opinions about how to improve the safety of the intersection, ranging from more informative signage and adding stop signs to traffic signals and roundabouts, but everyone agreed that the intersection needs safety improvements. Safety of the intersection is also a frequent topic raised at Waikoloa Village Association (WVA) meetings. The WVA membership consists of over 3000 homes in Waikoloa Village, which the subcommittee estimates to include at least 2/3 of the Village population. The WVA is asked regularly, many times each year, if the WVA can improve the safety of the intersection. The WVA has provided feedback to the County in the past regarding safety improvements being needed at the intersection. 6. CDP support for Intersection Improvements In the South Kohala Community Development Plan (SKCDP), a Second Access Road for ingress and egress for Waikoloa was the top priority, along with overall infrastructure improvements. In 2008 when the SKCDP was submitted, the Waikoloa-Paniolo intersection itself was not a"hot topic". Since then, the population of Waikoloa Village has grown from 4,800 to 7,000 people, a 46% increase. hine 18, 2019 Page 13 0.17 Communication No. 2019-10 f aikuloa Subcommittee's itaikoloa Road-Paniolo Avenue Intersection Report Below are the relevant sections of the SKCDP that relate to the intersection. General Policy 2 of the SKCDP relates to transportation, with sub-policy 2.3 specifically being"Build safe roads."Kawaihae Road and Waikoloa Road are identified as being considered dangerous,with the example of not having truck runaway ramps. In the Waikoloa Policies and Strategies in the SKCDP, Policy 3 addresses Transportation & Circulation (Appendix CDP-5) Strategy 3.5 recommends the Development of a Master Circulation Plan for Waikoloa Village. (Appendix CDP-8) Had a Master Circulation Plan been developed, it would undoubtably have addressed the Intersection issues with traffic congestion. Strategy 3.6 recommends implementing traffic safety improvements along Waikoloa Road. (Appendix CDP-8) Improvements to the Waikoloa Road-Paniolo Avenue intersection are not specifically mentioned, but this Strategy was intended to address any safety issues related to travel on Waikoloa Road. The SKCDP also established a Monitoring Plan for South Kohala: The Monitoring Plan is a way to track and assess the progress of Policies. Appendix CDP-10) The specific Monitoring Plan for Waikoloa regarding infrastructure is 9.3.3 Provide Transportation and Circulation Improvements in a Timely Manner"by looking at County and State CIP allocations for infrastructure and the number of public/private partnerships formed to provide for roadways. (Appendix CDP-11) No Master Circulation Plan has been developed The SKCDP also referenced the 2005 Hawaii County General Plan and County Codes: SKCDP Appendix D is from the County's General Plan (2005) "Courses of Action"for the District of South Kohala. (Appendix CDP-12). Under the Transportation: Roadways section, item "j" is: (Appendix CDP-13): Provide traffic signals at the Waikoloa Road-Paniolo Drive intersection. In SKCDP Appendix E, Referenced County Codes were listed. Concurrency Requirements: This section creates standards for road and water supply in change of zoning actions. Definitions are provided, including: Acceptable levels of service Approved development Critical road area Immediate vicinity of a project Level of Service(LOS) Local mitigation Area mitigation Appendix CDP-14) 7. Developer Obligations June 18, 2019 Page 14 of 17 1 Communication No. 2019-10 Waikoloa Subconnouttee's [F'cnkoloa Road-Puniol°Avenue Intersection Report The County recognized decades ago that the Waikoloa-Paniolo intersection would need safety and capacity improvements. To support this, the County and the LUC added requirements to three lots near the intersection when the respective owners of those lots, Waikoloa Highlands, Waikoloa Mauka, and Hawaiian Riverbend, applied for rezoning or subdivision, as early as 1990 in Ordinance 1990-160, requiring signalization of the intersection, based on a Traffic Impact Analysis Report(TIAR) from 1989). Unfortunately, none of the owners have engaged in any substantial development of those properties and their various requirements to build intersection improvements remain unfulfilled. In fact, one of the owners, Waikoloa Highlands, has recently had their rezoning revoked due to inactivity. The owners of the other lots do not show any signs of engaging in development of their respective properties,resulting in the intersection being unimproved for far longer than the County envisioned when the requirements were added. For example, Ordinance 1995-051 amended the earlier 1990-160 to require the signalization of the intersection by June 30, 1996. This deadline was among many missed by the respective developers. In 2005,the County passed Ordinance 2005-157 which amended the requirement further to specify a roundabout, and the developer did contract with an engineering firm to create plans for this improvement,which was noted in a 2016 annual report from Waikoloa Highlands as construction plans for the roundabout at the Waikoloa Road/Paniolo Avenue intersection have been completed." However, the plans were apparently not paid for by the developer and were never approved or acted upon. As Waikoloa Highlands was the only developer that had even taken any steps, and they are the developer that has lost their rezoning due to inactivity, it appears that the reliance on developers to make the needed safety and capacity improvements to the intersection has failed, and the improvements are now overdue. It is time for the County to create a new plan that does not rely on developers, or to find a way to get contributions from developers regardless of their development progress so that the community involved is not harmed simply because developers decided not to develop their properties. 8. Improvement/solution Options As part of researching the Waikoloa Road-Paniolo Avenue intersection, the subcommittee received some feedback from the community and reviewed some documentation that suggested adding a traffic signal or a roundabout to the intersection as a solution to the apparent safety and capacity problems. The subcommittee spent some time to evaluate if one or the other solution, or even a different solution, would be better for the intersection. Ultimately, however, it is the responsibility of professionals in traffic design to determine the correct type(s) of improvement(s) for the intersection, so the subcommittee is providing this very brief synopsis for information only. Research into the topic of traffic signals vs. roundabouts revealed that roundabouts are generally considered safer than traffic signals, as any accidents that occur in a roundabout are typically at a lower speed than at a traffic signal (or unsignalized intersection), resulting in fewer and less June 18, 2019 Page 15 of 17 Communication No. 2019-10 Waikoloa Subcommittee's Walk-ohm Roac/-Paniolo Avenue Intersection Report severe injuries to any people involved. Roundabouts sometimes result in fewer total accidents of all types, but occasionally result in a slight increase in total accidents, though with fewer and less serious personal injuries. The main drawback of roundabouts is that it is more difficult for pedestrians with vision disabilities to cross the road at a roundabout. Other options, such as adding stop signs on Waikoloa Road or adding a pedestrian crossing signal, could be considered, but the subcommittee advises again that the determination of what improvements should be made should be the responsibility of professionals in the field. 9. Funding/Development Options There are various funding options for making the needed Waikoloa-Paniolo intersection improvements. The main options are, in no particular order: 1. County CIP process 2. Department of Public Works, Traffic Division 3. Developer obligations related to rezoning, subdivision, or building plan approvals The option with the least cost to the County is the developer obligation option, but this has not worked in this case. The property owners that were given a requirement to make improvements have not developed their properties, and do not appear that they will do so any time soon, so this option cannot be pursued unless a new developer enters the picture. See section 7 above for more details on the current(unsuccessful)developer obligations. The option that appears to have the shortest path to development is to work with the Department of Public Works (DPW), specifically starting with the Traffic Division. The Traffic Division could perform a traffic count at the intersection and then evaluate the data collected using their expertise and tools. This would result in specific recommendations for improvements that would address the issues revealed by the Traffic Division's evaluation. The recommendations would then be passed to the Engineering Division at DPW for further analysis and planning. The Engineering Division would be able to create a specific plan and request funding via CIP or via a direct request to the County Council to appropriate funds for the needed improvements. The improvement project could then proceed as planned by the Engineering Division. The County CIP process is well-known and follows an annual review and approval process as part of the County budget. This method of proposing a Waikoloa-Paniolo intersection improvement project is suggested if the DPW is unable to move forward on the project directly, or if an opportunity arises to submit a CIP with support from Council Members in the current budget approval cycle. 10. Conclusion/Recommendations June 18, 2019 Page 16 of 17 Communication No. 2019-10 6Taikoloa.S.1lbconlnlittee's 6Vaikoloa Road-Paniolo Arenae lnlersection Report After considering all of the information in this report and numerous source materials (see References), the members of the Waikoloa Subcommittee believe the Waikoloa-Paniolo intersection needs to have traffic controls added, such as a traffic signal or a roundabout. Reiterating the recommendation from Section 4, the subcommittee recommends requesting that the Traffic Division perform a traffic count at the intersection and then evaluate the results using their tools and expertise to determine what improvements, if any, are warranted for the intersection at this time. The subcommittee also recommends requesting that the traffic count be repeated every three years to identify further improvements or changes necessary in the future as the Waikoloa Village area continues to grow. After the Traffic Division completes the traffic count and analysis, and based on the recommendations the Traffic Division produces,the subcommittee recommends following up with the Engineering Division, the Department of Public Works, and the County Council to support the intersection improvements. If needed, the subcommittee also then recommends submitting a CIP for the intersection improvements. 11. References Apple Maps copyright information: https://gspe21-ssl_ls.apple.com/html/attribution-136.html Other sources, citations, and references to be updated in additional document. i h June 18, 2019 Page 17 of'17 1 a 1 Harry Kim p??11L7'' .. Michael Yee MayorDirector Wil Okabe M •• Duane Kanuha Managing Director Deputy Director y'oi'M West Hawaii Office East Hawai`i Office 74-5044 Me KeoholcSlole Hwy101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawai`i Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 September 24,2019 Mr. Zendo Kern Planning Consultant 194 Wiwoole Street Hilo, HI 96720 Dear Mr. Kern: SUBEJCT: State Land Use Boundary Amendment and Change of Zone Applications Applicant: Danny Julkowski Request: Agricultural to Urban State Land Use District and Open& RA-1 to CV-10 Zoning Tax Map Key: (3) 6-8-002:057; Waikoloa, South Kohala, Hawaii We are returning the above referenced applications. Please address the following concerns and re-submit the applications. State Land Use Boundary Amendment Application 1. Please identify any natural drainage ways existing on the property. 2. Explain how the proposed boundary amendment to the Urban District conforms to the district boundary standards found in HAR Chapter 15-15, Subchapter 2. Change of Zone Application 1. The proposed uses trigger the need for a Traffic Impact Analysis Report(TIAR)per Section 25-2-46 (d)of Hawai`i County Code(Zoning Code). Please provide a TIAR meeting the requirements of the Zoning Code. 2. The application should address the need for a civil defense siren on the property per HCC Section 25-2-46(o) (Concurrency Standards) since more than 25 residential uses are proposed and there are currently no civil defense sirens that cover the property. www.hiplanningdeot.com Hawai'i County is an Equal Opportunity Provider and Employer planning@hawaiicountv.gov Planning Dept. SEP 2 62019 5Exhibit Mr. Zendo Kern Planning Consultant Page 2 September 24, 2019 3. Provide a letter from Hawaii Water Service indicating they can provide potable water and dispose of wastewater for the property. 4. Please identify any natural drainage ways existing on the property. Please re-submit the requested information with the original and 20 copies. We will continue to hold the$500 and$700 filing fees for the resubmitted state land use boundary amendment and change of zone applications,respectively. If you have any questions,please feel free to contact Maija Jackson at(808) 961-8159. Sincerely, si?'&v-kt2 MICHAEL YEE Planning Director MJJ:mads P\wpwin60\Maija\Letters\Returned Apps\LKem for Julkowski-RETSLU&REZ.doc Enclosures: Original and 20 Copies of Application Receipt No. 041610 for$500 filing fee for SLUBA Receipt No. 041609 for$700 filing fee REZONE cc: Planning Department-West Hawai`i Division 4 a p f hanA dflivt 1_ - z i DEPARTMENT OF PUBLIC WORKS i COUNTY OF HAWAII HILO, HAWAII I I DATE: June 5, 2020 I/temofiasei ft F I TO: Michael Yee, Planning Director d i i.r. f FROM: g. Department of Public Works, Engineering Division '" •i i SUBJECT: STATE LAND USE BOUNDARY AMENDMENT (SLU 20-000053) CHANGE OF ZONE APPLICATION (REZ 20-00241) i Request: 0 & RA-1a to CV-10 Applicant: Danny Julkowski TMK: 6-8-002:057 I I We have reviewed the subject application forwarded by your memo dated May 6, 2020 and offer the following comments for your consideration: 1. All earthwork activities including grading, grubbing, and stockpiling shall conform to Chapter 10, Erosion and Sedimentary Control, of the Hawaii County Code. I I 2. All driveway connections and construction within the Waikoloa Road Right-of-Way I shall conform to Chapter 22, County Streets, of the Hawaii County Code. Waikoloa Road, in the section fronting the subject property, is a 120-foot wide Right-of-Way with one through lane in each direction. I s 3. Access to Waikoloa Road, including the provision of adequate sight distances, and where applicable, the channelization within the Right-of-Way with dedicated left and right turn deceleration and acceleration lanes, shall meet with the approval of the Department of Public Works. 4. Based on the proposed zoning, we recommend that the applicant provide improvements to subject property's Waikoloa Road frontage consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage f improvements, signs and markings, streetlights, and any relocation of utilities, meeting the requirements of the Americans with Disabilities Act and the approval of the Department of Public Works. Planning Dept. Exhibit SCAl\TI T JUN 17 2020 County of Hawaii is an Equal Opportunity Provider and Employerp1 33672 i S 5. It is recommended that the applicant shall construct the roundabout improvements to the intersection of Waikoloa Road and Paniolo Avenue, meeting with the approval of the Department of Public Works. The roundabout • improvements shall be completed, prior to the issuance of any Certificate of Occupancy for the subject property. 6. Install streetlights and traffic control devices as may be required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. 7. A Traffic Impact Analysis Report(TIAR) as may be required by the Traffic Division, Department of Public Works. 8. All development-generated runoff shall be disposed of on site and not 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 the issuance of a construction permit. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to the construction of any proposed structures on the property. 9. It is recommended that the applicant submit a flood study, meeting the approval of Public Works, to address off-site drainage and as supporting data for the areas indicated as "Flood Route 1" on Figure 1 of the application. 10.The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. Questions may be referred to Bryce Harada at 961-8042. County of Hawaii is an Equal Opportunity Provider and Employer FWATER 3GA* rte 191 49 DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII r). wpst•13 345 KEKUANAO'ASTREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808)961-8050 • FAX(808)961-8657 June 1, 2020 x P_ TO: Mr. Michael Yee, Director Planning Department FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: State Land Use Boundary Amendment (SLU 20-000053) Request: Agricultural to Urban Change of Zone Application (REZ 20-000241) Request: 0 and RA-la to CV-10 Applicant: Danny Julkowski Tax Map Key 6-8-002:057 We have reviewed the subject applications and have the following comments. Please be informed that the water system in the area is privately owned and operated. Water availability and necessary off-site water system improvements should be determined from Hawaii Water Service. Pursuant to Section 23-84 of the Hawai`i County Code regulating subdivisions, the following minimum requirements must be complied with for subdivision approval: 1. Provide a water system designed to deliver water at adequate pressure and volume under peak-flow and fire-flow conditions in accordance with the Water System Standards, State of Hawai`i, and the Rules and Regulations of the Department of Water Supply. The water system shall include, but not be limited to, the installation of the necessary distribution pipeline, fire hydrants, and service laterals. 2. Submit construction plans to the Department for review and approval. 3. Pay a fee of four-tenths of one (1)percent of the estimated cost for the construction of the water system, but not less than $50.00, to cover the costs for plan review, testing, and inspection. fanning Dept. Exhibit 3" SCANNED JUN 0 9 2020 Water, Our(Most Precious Resource. . . 7(a Wai A Kane. _1 g The Department of Water Supply is an Equal Opportunity provider and employer. Mr. Michael Yee, Director Page 2 June 1, 2020 Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070, extension 256. Sincerely yours, viAti444Adit) tr Keith K. Okamoto, P.E. Manager-Chief Engineer kg RQ:dfg copy— Mr. Danny Julkowski Pua Melia LLC Mr. Zendo Kern, Planning Consultant LLC f S i f 9 HarryKim William A.Kucharski Mayor Director Roy Takemoto Diane A.Noda Managing Director99 Deputy Director County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao'a Street,Suite 41•Hilo,Hawai'i 96720 i Ph:(808)961-8083 • Fax:(808)961-8086 Email: cohdem@hawaiicounty.gov PLANNING _ gh T MEMORANDUM MAY 19 2020 Pm9:21 TO:Michael Yee, Director 1 °'T_z ' Planning Depa met FROM: William A. Ku harsk, Director Environmental Management Department DATE: May 18, 2020 SUBJECT:State Land Use Boundary Amendment (SLU 20-000053) Request: Agricultural to Urban Change of Zone Application (REZ 20-000241) Request: 0 & RA-la to CV-10 Applicant: Danny Julkowski Tax Map Key: (3) 6-8-002:057 The Solid Waste Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Solid Waste Division for details): No comments. X ) Commercial operations,State and Federal agencies, religious entities and non-profit organization may not use transfer stations for disposal. X ) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. X ) Ample and equal room should be provided for rubbish and recycling. X ) Green waste may be transported to the green waste sites located at the West Hawaii Organics Facility and East Hawai'i Organics Facility, or other suitable diversion programs. X ) Construction and demolition waste is prohibited at all County Transfer Stations. Submit Solid Waste Management Plan in accordance with attached guidelines. Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. Penning Dept. SCANNED Exhibit,,,,,,. 5 County of Hawaii is an Equal Opportunity Provider and Employer JUN 0 1 ?0,g0. Mr. Michael Yee, Director May 18, 2020 Page 2 Other: The Wastewater Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Wastewater Division for details): X ) No comments. Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawai'i County Code. Require Council Resolution to approve sewer extension in accordance with Section 21- 26.1 of the Hawai'i County Code. Complete Sewer Extension Application. Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawai'i County Code. Check or line out as applicable: [ ] If required by the Director of the Department of Environmental Management ("Director of DEM"), [ ] applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. Other: WK:mef Harry Kim ektIV?! '.!''''' Darren J. Rosario Mayor Fire Chief timoi r] Lance S. Uchida 4 ..44t4.Deputy Fire Chief 111\,rF .MP+' ti County of 4)aboat`t HAWAII FIRE DEPARTMENT 25 Aupuni Street•Suite 2501•Hilo,Hawaii 96720 Mi - 808)932-2900•Fax(808)932-2928 s May 14, 2020 TO: MICHAEL YEE,PLANNING DIRECTOR FROM: DARREN J. ROSARIO, FIRE CHIEF SUBJECT: State Land Use Boundary Amendment (SLU 20-0000053) Request:Agricultural to Uran Change of Zone Application(REZ 20-000241) " Request:O &RA-l a to CV-10 Applicant: Danny Julkowski Tax Map Key: 6-8-002:057 In regards to the above-mentioned State Land Use Boundary Amendment and Change of Zone 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 ofHawai'i 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 ofthe 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 r' the fire department for review and approval prior to construction.rtejapWA,. Pinning Dept. SCA1 Exhibitr_..^_2 _.._ MAY 13 2020 lil, Hawai'i County is an Equal Opportunity Provider and Employer. uI3arl Michael Yee May 14, 2020 Page 2 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. 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. 5, 7 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. z Michael Yee May 14, 2020 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 ofthe building or facility. 4 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 ofterrain, 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 13ft 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 May 14, 2020 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. sj 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 May 14, 2020 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 May 14, 2020 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. 18.3.4 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 May 14, 2020 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: In that water catchment systems are being used as a means of water supply for firefighting, such systems shall meet the following requirements: 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. t t i Michael Yee May 14, 2020 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;3 c) be located between 8 ft and 16 ft from the Fire department access. The location shall be approved by the AHJ; id) 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; i a e) be secure and capable of withstanding drafting operations. Engineered stamped plans may be required; E f) not be located more than 150 feet of the most remote part, but not less than 20 feet, of the i 1 structure being protected; g) also comply with section 13.1.3 and 18.2.3.4.6.1 of this code.1 3 i 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.4 j 2) Buildings less than 800 square feet in size that meets the minimum Fire Department Access Road requirements. i 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 i Road requirements, the distance to the Fire Department Connection may be increased to 1000 feet. k 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 i ii Access Road requirements, the distance to the Fire Department Connection may be increased to 500 feet. 1 f i i 1 Michael Yee May 14, 2020 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) 932-2911. DARREN J. ROSARIO Fire Chief CB:ds 4. DAVID Y.IGEo r BRUCE S.ANDERSON PhD.N GOVERNOR OF HAWAII 1959 DIRECTOR OF HEALTH t I 27 4 hand act'VZ STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO,HAWAII 96721-0916 MEMORANDUM DATE: June 5, 2020 TO: Mr. Michael Yee Planning Director, County of Hawaii I FROM: Eric Honda4- District Environmental Health Program Chief SUBJECT: STATE LAND USE BOUNDARY AMENDMENT (SLU-20-000053) Request: Agriculture to Urban Change of Zone Application (REZ 20-000241) Request: 0 & RA-1 a to CV-10 Applicant: Danny Julkowski TMK: 6-8-002:057 The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements, please contact our Clean Air Branch staff at Ph. 933-0401. The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on May 06, 2020. The CWB has reviewed the limited information contained in the subject document and offers the following comments: Permit Issuance C Any project and its potential impacts to State waters must meet the State's: 1) Antidegradation policy, which requires that the existing uses and the level C of water quality necessary to protect the existing uses of the receiving E State water be maintained and protected;C 2) Designated uses, as determined by the classification of the receiving State W waters; and 3) Water quality criteria [Hawaii Administrative Rules (HAR), Chapter 11-54], A Section 401 Water quality Certification (WQC) is required if your Dprojectactivity:SCANNED Requires a federal permit, license, certificate, approval, registration, or JUN 1 7 907n 41#4.144316 6 a( ID UN 1 8 2020 Michael Yee 411 June 5, 2020 Page 2 of 4 Statutory exemption; and May result in a discharge into State waters. The term "discharge" is V defined in Clean Water Act, Subsections 502(16), 502(12), and 502(6). Examples of"discharge" include, but are not limited to, allowing the following pollutants to enter State waters from the surface or in-water: solid waste, rock/sand/dirt, heat, sewage, construction debris, any underwater work, chemicals, fugitive dust/spray/paint, agricultural wastes, biological materials, industrial wastes, concrete/sealant/epoxy, and washing/cleaning effluent. Determine if your project/activity requires a federal permit, license, certificate, approval, registration, or statutory exemption by contacting the appropriate federal agencies (e.g. Department of the Army (DA), U.S. Army Corps of Engineers (COE), Pacific Ocean Division Honolulu District Office (POH) Tel: 808-835-4303; U.S. Environmental Protection Agency Tel: 415-947-8021; Federal Energy Regulatory Commission Tel: 866-208-3372; U.S. Coast Guard Office of Bridge Programs Tel: 202-372-1511). To request a Section 401 WQC, you must complete and submit the Section 401 WQC application. This application is available on the e-Permitting Portal website located at: http ://eha-cioud.doh.hawaii.gov/epermit/. Please see HAR, chapter 11-54 for the State' Water Quality Standards and for more information on the Section 401 WQC. HAR, Chapter 11-54 is available on the CWB website at: http://health.hawaii.gov/cwh/. National Pollutant Discharge Elimination System (NPDES) permit coverage is required for: Storm water associated with construction activities for land disturbances of one (1) acre or more. Land disturbance includes, but is not limited to, clearing, grading, grubbing, excavation, demolition, uprooting of vegetation, equipment staging, and storage areas. Storm water associated with industrial activities for facilities with Standard Industrial Classification Codes regulated in 40 CFR 122.26(b)(14)(i) through ix) and (xi). Storm water and certain non-storm water from a small Municipal Separate Storm Sewer System. Discharges of water pollutants into State surface waters. Examples of these discharges include, but are not limited to, cooling water, hydrotesting waters, dewatering effluent, and process wastewater. Discharges from the application of pesticides (including pesticides, herbicides, fungicides, rodenticides, and various other substances to control pest) to State waters. es Michael Yee June 5, 2020 Page 3 of 4 An application for an NPDES individual permit must be submitted at least 180 calendar days before the commencement of the discharge or start of construction activities. To request and NPDES individual permit, you must complete and submit the NPDES individual permit application. This application is available on the e-Permitting Portal website located at: https://eha-cloud.doh.hawaii.gov/epermit/. A Notice of Intent (NOI) for coverage under a specific NPDES general permit must be submitted at least 30 calendar days before the commencement of the discharge or start of construction activities. To request NPDES general permit coverage, you must complete and submit the NOI. The NOI is available on the e-Permitting Portal website located at: https://eha-cloud.doh.hawaii.gov/epermit/. Please see HAR, Chapter 11-55 for more information on the NPDES individual permit and NPDES general permits. The specific NPDES general permits located in HAR, Chapter 11-55, Appendices B through M. HAR, Chapter 11-55 and HAR, Chapter 11-55, Appendices B through M are available on the CWB website at: http://hcalth.hawaii.gov/cwb/. According to State law, all discharges related to the project construction or operation activities, whether or not NPDES permit coverage and/or Section 401 WQC are required, must comply with the State's Water Quality Standards. J Monitoring Effluent discharge and/or receiving water monitoring may be required as conditions of Section 401 Water Quality Certifications and NPDES General and Individual permits. Enforcement Noncompliance with water quality requirements contained in HAR, Chapter 11-54 and/or permitting requirements specified in HAR, Chapter 11-55 may be subject to penalties of$25,000 per day per violation. t 2 Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative, civil and criminal penalties for such violations. Polluted Runoff Control Manage projects identified in watershed-based plans that reduce polluted runoff and educate the public about nonpoint source pollution. Projects are selected through an annual request for proposals. Funding is provided by the EPA through the Clean Water Act. For more information on projects and funding opportunities, please visit: www.hawaii.gov/doh/pollutedrunoffcontrol. 4 l Michael Yee June 5, 2020 Page4of4 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. 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://hawaii.gov/health/environmental/env-planning/landuse/landuse.html. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy 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. I I i E t t Oi, SUZANNE D.CASE DAVID Y.IGE Ap ,%,f1... 51'. 4 a,p; CHAIRPERSON GOVERNOR OF HAWAII a BOARD OF LAND AND NATURAL RESOURCES i, COMMISSION ON WATER RESOURCE 5. MANAGEMENT vestand r L I I STATE OF HAWAII I DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION F. POST OFFICE BOX 621 HONOLULU,HAWAII 96809 E' May 26, 2020 t MEMORANDUM TO: DLNR Agencies: Div. of Aquatic Resources t Div. of Boating &Ocean Recreation X Engineering Division (DLNR.ENG(ahawaii.gov) t- X Div. of Forestry&Wildlife (rubyrosa.r.terragoahawaii.gov) Div. of State Parks X Commission on Water Resource Management(DLNR.CWRMahawaii.gov) Office of Conservation &Coastal Lands X Land Division-44erai District(aordon.c.heit(a hawaii.gov) t X Historic Preservation (DLNR.Intake.SHPD(.hawaii.gov) z 4' FROM: Russell Y. Tsuji, Land Administrator R1155618 ist SUBJECT: State Land Use Boundary Amendment(SLU 20-000053)—Request to Reclassify from Agricultural to Urban; &Change of Zone Application REZ 20-000241)—Request to Change from 0 & RA-la to CV-10 LOCATION: 68-1845 Waikoloa Road, #104, Waikoloa Village, Island of Hawaii; TMK: (3) 6-8-002:057 APPLICANT:County of Hawaii on behalf of Danny Julkowski Transmitted for your review and comment is information on the above-referenced subject matter. Please submit comments by June 3, 2020. i 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 Darlene Nakamura at 587-0417 or t by email at darlene.k.nakamura(a'7hawaii.gov. Thank you. i t. We have no objections. t` I J We have no comments. p Comments are attached. s Signed: DAVID G.SMITH,Administrator Print Name: Date: Jun 3, 2020 Attachments cc: Central Files a Planning Dept. Exhibit 11 I- sIZANNE D.CASE Q t h'. CIL\QtI'IRS(W DAVID V.ICE S. •.-.4ti , I-FAR(((5 I SND aurvA IUBM RF FRCIS VIRNOR(514\llMI JA'/ Y >,71;\959 C(IRLR9SSION 'I5\[IR RII:S(RRCFRt\N((1111N7 titti6 1 i ROBERT K. 11ASL' DA 3{{? i3 ERT Di MASUDA I t lr,•h/ l ! t it r, J! NNI. 1UNlEL ce ,L 111 YDIM Cft)k-tt,ATI:R It< M y: nVV.-\TI(k/Stn'RIA Val AND O(I-A\RFCRF\ilINSURI-MI(A 111 RAMIO(I H_59inllR1R17,,S!\'(W.tRATFk RF\f11RC1'-ALiNAr.f?6hT STATE OF HAWAII C(N.SLRR*A TI(AN„,t(0 14.10841y1AWA1\ CnNSFR\\7uxv ASO RtuaRCrs F t(xeClao-xi 1 DEPARTMENT OF LAND AND NATURAL RESOURCESL(RLS110lM natl lFe DIVISION OF FORESTRY AND WILDLIFE lIKA OA(IMInMIR (R%fliALNUSU(\N 1151 PUNCHBOWL.STREET,ROOM 325 in"i , HONOLULU,HAWAII 96813 June 3, 2020 Log no. 2653 MEMORANDUM TO: Russell Y. Tsuji, Administrator Land Division FROM:David G. Smith, Administrator SUBJECT: Division of Forestry and Wildlife Comments for Proposed State Land Use Boundary, Amendmeht from Agriculture to Urban in Waikoloa, Hawaii The Department of Land and Natural Resources, Division of Forestry and Wildlife(DOFAW)has received your inquiry regarding a State land use boundary amendment request to rezone open, residential and agriculture land to village commercial in Waikoloa on the island of Hawaii,TMK: 3) 6-8-002:057. The proposed project consists of subdividing an 11.707-acre parcel of undeveloped land into nine lots to build affordable housing, a hardware store, and offer other 7,parcels for fee simple sale. Proposed work also would include the installation of overhead utility lines. We note that artificial lighting can adversely impact seabirds that may pass through the area at night by causing disorientation. This disorientation can result in collision with manmade artifacts or grounding of birds. We appreciate that the application states all permanent nighttime lighting at the site would be fully shielded to minimize impacts.Nighttime work that requires outdoor lighting should be avoided during the seabird fledging season from September 15 through December 15. This is the period when young seabirds take their maiden voyage to the open sea. The State listed Blackburn's Sphinx Moth (BSM; Manduca blackburni) has a historic range that encompasses the project area. Larvae of BSM feed on many nonnative hostplants that include tree tobacco(Nicotiana glauca)which grows in disturbed soil. We recommend contacting our Hawaii Island DOFAW office at(808)974-4221 for further information about where BSM may be present and whether a vegetation survey should be conducted to determine the presence of plants preferred by BSM. To avoid harm to BSM, DOFAW recommends removing plants less than one meter in height or during the dry time of the year. If you remove tree tobacco over one meter in height or disturb the ground around or within several meters of these plants they must be checked thoroughly for the presence of eggs and larvae. State listed waterbirds such as the Hawaiian Stilt (Himantopus mexicanus knudseni), Hawaiian Common Coot(Fulica alai)and Hawaiian Goose or Nene(Branta sandvicensis)have the potential to occur in the vicinity of the proposed project site. It is against State law to harm or harass these 4 q: species. If any of these species are present during construction activities, then all activities within 100 feet (30 meters) should cease, and the bird should not be approached. Work may continue after the bird leaves the area of its own accord. If a nest is discovered at any point, please contact the Hawaii Island DOFAW office. DOFAW is concerned about attracting vulnerable birds to areas that may host nonnative predators such as cats, rodents, and mongoose. Additionally, the construction site likely to increase human activity in the area and attract these predators. We s' recommend taking action to minimize predator presence; remove cats, place bait stations for rodents and mongoose, and provide covered trash receptacles. The State listed Hawaiian Hoary Bat or 'Ope'ape'a (Lasiurus cinerezus semotus) has the potential to occur in the vicinity of the project area and may roost in nearby trees. If any site clearing is required this should be timed to avoid disturbance during the bat birthing and pup rearing season June 1 through September 15). If this cannot be avoided, woody plants greater than 15 feet(4.6 meters) tall should not be disturbed, removed, or trimmed without consulting DOFAW. Barbed wire should be avoided for any construction because bat mortalities have been documented as a result of becoming ensnared by barbed wire during flight. DOFAW recommends minimizing the movement of plant or soil material between worksites,such as in fill. Soil and plant material may contain invasive fungal pathogens(e.g. Rapid 'Ohi'a Death), vertebrate and invertebrate pests (e.g. Little Fire Ants) or invasive plant parts that could harm native species and ecosystems. We recommend consulting the Big Island Invasive Species Committee at (808) 933-3340 in planning, design, and construction of the project to learn of any high-risk invasive species in the area and ways to mitigate spread. All equipment, materials, and personnel should clean excess soil and debris to minimize the risk of spreading invasive species. DOFAW recommends using native plant species for landscaping that are appropriate for the area i.e. suitable climate conditions, historically occurred there, etc.). Please do not plant invasive species. DOFAW recommends consulting the Hawaii-Pacific Weed Risk Assessment website to F determine the potential invasiveness of plants proposed for use in the project https://sites.google.com/site/weedriskassessment/home). We recommend that you refer to N' vw.piantpono.org for guidance on selection and evaluation for landscaping plants. We appreciate your efforts to work with our office for the conservation of our native species. Should it become apparent that threatened or endangered species may be impacted, please contact our staff as soon as possible. If you have any questions, please contact Lauren Taylor, Protected Species Habitat Conservation Planning Coordinator at (808) 587-0010 or lauren.taaaaylorc hawaii.gov. Sincerely, DAVID G. SMITH Administrator s i ff tI t I E t G,o. „h SUZANNED.CASE DAVID Y.IGE 1P'. 199v D ' SUZNNECHAIRPERSONGOVERNOROFHAWA'I BOARD OF LAND AND NATURAL RESOURCESsCOMMLSSIONONWATERRESOURCE.1 MANAGEMENT I1 dB 4yiii;yiidr d STATE OF HAWAII e ,,, DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION PDS'OFFICE BOX 621 HONOLULU,HAWAII 96809 3 May 26, 2020 x FROM: MEMORANDUM TO. DLNR Agencies: Div. of Aquatic Resources t Div. of Boating & Ocean Recreation X Eng Division (DLNR.ENG a(hawaii.gov) X Div. of Forestry&Wildlife(rubyrosa.r.terrago alhawaii.gov) Div. of State Parks X Commission on Water Resource Management(DLNR.CWRM a.hawaii.gov) Office of Conservation &Coastal Lands X Land Division-.#ettii District(gordon.c.heitna.hawaii.gov) X Historic Preservation (DLNR.Intake.SHPD(a hawaii.gov) TO: Russell Y. Tsuji, Land Administrator Russell Tsuji SUBJECT: State Land Use Boundary Amendment(SLU 20-000053)-Request to Reclassify from Agricultural to Urban; & Change of Zone Application REZ 20-000241)-Request to Change from 0 & RA-la to CV-10 i LOCATION:68-1845 Waikoloa Road, #104, Waikoloa Village, Island of Hawaii; TMK: (3)6-8-002:057 APPLICANT: County of Hawaii on behalf of Danny Julkowski Transmitted for your review and comment is information on the above-referenced subject matter. Please submit comments by June 3, 2020. 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 Darlene Nakamura at 587-0417 or by email at darlene.k.nakamura anhawaii.gov. Thank you. We have no objections. We have no comments. V) Comments are attached. Signed:g-,.es Print Name: Carty S. Chang, Chief Engineer Date: May 26, 2020 Attachments cc: Central Files Panning Dept. 2_Exhibi i; t t DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell Y. Tsuji Ref: State Land Use Boundary Amendment(SLU 20-000053)—Request to Reclassify from Agricultural to Urban; & Change of Zone Application (REZ 20-000241)—Request to Change from 0& RA-la to CV-10 TMK(s): (3)6-8-002:057 Location: 68-1845 Waikoloa Road,#104,Waikoloa Village, Island of Hawaii Applicant: County of Hawaii on behalf of Danny Julkowski COMMENTS s'. 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 Special Flood Hazard Area(high risk areas). State projects are required to comply with 44CFR regulations as stipulated in Section 60.12. Be advised that 44CFR reflects the minimum standards as set forth by the NFIP. Local community flood ordinances may stipulate higher standards that can be more restrictive and would take precedence over the minimum NFIP standards. The owner of the project property and/or their representative is responsible to research the Flood Hazard Zone designation for the project. Flood Hazard Zones are designated on FEMA's Flood Insurance Rate Maps (FIRM), which can be viewed on our Flood Hazard Assessment Tool (FHAT)(http://gis.hawaiinfip.org/FHAT). If there are questions regarding the local flood ordinances, please contact the applicable County NFIP coordinating agency 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)241-4896. Signed: g*-06p CARTY S. CHANG,CHIEF ENGINEER Date: May 26, 2020 1 1 lit kii4' t71)14.'el DANIEI E.ORODENKER DAVID Y.ICE e'^. .*.4,, :1 ExecutIve Officer Governor n •,;,,, LAND USE COMMISSION Department of Business, Economic Development&Tourism State of I Iawaf i 1 I1 May 28, 2020 Mr. Michael Yee, Director 1 Planning Department County of Hawaii I 101 Pauahi Street, Suite 3 Hilo, Hawai'i 96720 i 1 Dear Mr. Yee: I Subject: State Land Use Boundary Amendment Application (SLU 20-000053) i Request: Agricultural to Urban tChangeofZoneApplication (REZ 20-000241) Request: 0 & RA-la to CV-10 Applicant: Danny Julkowski Tax Map Key: 6-8-002: 057 1 1 We are in receipt of your memorandum dated May 6, 2020, forwarding the subject applications. i Based on our review of the applications, we understand that the Applicant proposes to reclassify the subject parcel, consisting of approximately 11.707 acres, from the State Land Use Agricultural District to the State Land Use Urban District. Upon approval of the boundary amendment, the Applicant intends to subdivide the parcel into nine lots, consisting of a minimum of 12.840 square feet each. The largest lot lwillbedevelopedforaffordablehousing, while another lot may be used for a rvi1N hardware store. The remaining lots will be offered for sale. CI ---- We confirm that the subject parcel is designated within the Agricultural District. As •E :;=.` i you may know, the Land Use Commission ("LUC") reclassified the subject parcel as E 72 1 well as the surrounding lands collectively totaling approximately 731.581 acres from CL LLI the Agricultural District to the Rural District in June 2008 under Docket No. A06- 767/Waikoloa Mauka, LLC. The LUC subsequently reverted the rural designation of the Petition Area, including the subject parcel, to the Agricultural District as the LUC determined that Waikoloa Highlands, Inc., successor-in-interest to o 235 SOLME3ERFTANIA STREET e SLITE 406 .1 HONOtrt.u,11AINATI 96813 e 111:(808)587-3822 e FAX:($08) 587-3827 EMAIL:dbedtluc.webtithawaii.gov jUN 09 2071? ' NIA II INC ADDRESS:P.O.Box 2359,Honolulu,Hawaii 96,404 00_ 3 3 4 t 2 _ 1 1 1 Mr. Michael Yee, Director May 28,2020 Page 2 i Petitioner Waikoloa .Mauka, LLC, had failed to perform according to several of the conditions imposed and to the representations and commitments made to the LUC 4 in obtaining the reclassification of the Petition Area.i Given the description of the project in the applications, we believe that the proposed connection to County roads triggers the requirements under the environmental review process of Hawai'i Revised Statutes("FIRS") chapter 343. As such, a formal t environmental assessment ("EA") should be prepared to fully describe the impacts g of the project upon the surrounding environment. We find the County Environmental Report ("CER") accompanying the applications to be inadequate in this regard as it I fails to comprehensively describe the impacts to, among other things, the I transportation (the Applicant admits that there has been no traffic impact analysis performed to date) and drainage infrastructure. We understand that the drainage issue alone was of sufficient concern to the County of Hawai'i during its affordable housing negotiations with the Petitioner for it to not accept the site for such use. t Additionally, we note that the discussion on wastewater does not address any i alternatives in the event the Public Utilities Commission does not approve the expansion of the West Hawaii Sewer Company service territory. t 1 i We would also like to point out that absent the preparation of a Cultural Impact Assessment("CIA"), the conclusion that "[t}he applicants have not Observed any Native Hawaiians gathering plants on the site or the adjoining properties. Thus, it 1 would appear unlikely that the site would serve such purpose today" is based solely on the observations of the Applicant and without the benefit of any meaningful f; analysis to comply with the Hawaii Supreme Court decision in Ka Pdakai 0 Ka i Aina v. Land Use Commission, 94 Hawai'i 31, 7 P.3d 1068 (2000). To this end, we iistronglysupportthepreparationofaC.I.A. 4. i The CER further neglects to sufficiently describe the socio-economic, noise, and air quality impacts of the project as well as the impacts upon school facilities. Finally, we note that the analyses of flora and fauna as well as archaeological resources rely on information from a 1988 Environmental Impact Statement. At a minimum, the botanical and faunal surveys referenced in the applications shoUld be updated given the amount of time that has passed. We also recommend that the Applicant contact the State Historic Preservation Division to determine whether the previous archaeological studies should be similarly updated to meet the Ka Pa'akai requirements. i i i c Mr. Michael Yee, Director May 28, 2020 Page 3 It is our position that only an EA that is properly vetted through the public and agency review process afforded by FIRS chapter 343 will disclose all possible impacts and mitigation measures in accordance with the spirit and intent of HRS chapter 205. We have no further comments to offer at this time. Should you have any questions or require further clarification, please call our office at 587-3822. Sincerely, Daniel E. Orodenker Executive Officer 7t 1194WiwooleSt. Hilo, HI 96720 i Phone: 808-333-4734 ASSOCIATES Email: info@zendokern.com 1 April 6, 2020 g g Mr. Michael Yee, Director Planning Department 1 COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 I Dear Mr. Yee: Subject:Land Use Boundary Amendment and Change of Zone Applications Applicant: Danny Julkowski (Pua Melia LLC) i Waikoloa, South Kohala, Hawaii TMK: (3) 6-8-002: 057 In response to the Planning Departments request for additional information,please see the following: t 1. The PD requests that the applicant discuss how the LUPAG designation is inappropriate, ill-advised, and/or impossible to follow and therefore requires the I proposed change of zone. l 1InSection2.3 Land Use, the SKCDP discusses the LUPAG designations as follows: i The Land Use Pattern Allocation Guide (LUPAG) ofthe County is a graphic expression of the General Plan,particularly those elements of the General Plan 1 irelatingtolanduse. However, the L UPAG is not the entire General Plan. It is not a i zoning map; rather the LUPAG estimates the future acreage allocation for a A particular land use and is meant to serve as a land use guide for the County.IGenerally,future developments must be consistent with the LUPAG map. t This passage is a general background statement, not identified as a policy within the SKCDP. The Hawaii County General Plan Describes the Proposed Land Use Pattern t xLUPAG), and the land use designations in question in the following way: k A well-balanced land us pattern capable of meeting the future needs of the County is an essential part ofthe General Plan. Rural: This category includes existing subdivisions in the State Land Use i' sAgriculturalandRuralDistrictsthathaveasignificantresidentialcomponent. i Typical lot sizes vary from 9,000-square feet to two acres. These subdivisions may i. contain small farms, wooded areas, and open fields as well as residences. Allowable uses within these areas, with appropriate zoning, may include commercial facilities that serve the residential and agricultural uses in the area, and community and i' publicfacilities. The Rural designation does not necessarily mean that these areas should be further subdivided into smaller lots. Most lack the infrastructure necessary to allow further subdivision. Pnn}nc Dept. E h bj4' t 1 2 t sI 3 KERN 194 Wiwoole St. Hilo, HI 96720 I-11 ,:-;: Phone: - 3-4 g ASSOCIATES Email: info@zendokern. com808 33734 t Open: Parks and other recreational areas, historic sites, and open shoreline areas i i Medium Density (Urban): Village and neighborhood commercial and single family g and multiple family residential and related functions (multiple family residential— up to 35 units per acre). 4 There are no universal standards for determining the amount ofland needed in the future for each land use or activity located within an area. Estimates can be made, however, of the future land use acreage allocation for each use. The land use pattern is a broad,flexible design intended to guide the direction and quality offuture developments in a coordinated and rational manner. The General Plan Land Use Pattern Allocation Guide (LUPAG) Map indicates the general location ofvarious land uses in relation to each other. ti The LUPAG map designates the site Open and Rural. The LUPAG map designation of Medium Density Urban which would support such a request is approximately 360 feet to the west of the subject property. The Rural LUPAG designation (a minor component of the subject property) is I inappropriate due to the proximity of the parcel to the central urban core of Waikoloa. Further, Rural lands include areas in the State Land Use Agriculture and Rural Districts with a significant residential component. Though a proposed use of the subject parcel would include a residential component in the form of an affordable housing development. Also, with the requested State Land Use Boundary Amendment to Urban(with discussion following on why that SLU designation is appropriate), Rural LUPAG designation would not be possible or appropriate. Though parcels of 2-acres to 9,000 square-feet could be created from the subject property, this would be an inefficient and illogical use of the land, when growth is guided to occur in areas appropriate for businesses that address the needs of the community (Waikoloa Policy 4). Strategy 1.4 of the Waikoloa Village Plan is to Develop a Major Commercial Center for Waikoloa Village with shops, stores, and small business opportunities. Much of the strategy discussion relates to the development slated for the main arc of Pua Melia Road, however the strategy also notes that properties in the vicinity (formerly Waikoloa Mauka LLC), and "These additional sites could provide for still more retail commercial facilities." The Open LUPAG designation is inappropriate for several reasons. Open designations are intended for parks and other recreational areas, historic sites and open shoreline areas. South Kohala has the highest acreage allocation of any District for open area lands with 14,704 acres. Strategy 4.3 of the SKCDP states "The visually and environmentally important open grasslands in the Waikoloa area should be protected from development that would have negative environmental impacts"( Emphasis added). The strategy then goes on to detail the approximately 10,000-acre irregularly shaped "buffer" of open lands owned by the Waikoloa Village Association. To apply standards for preservation of such extensive tracts of land to t I 4. E: c 194 Wiwoole St. Hilo, HI 96720 Phone: 808-333-4734 ASSOCIATES Email: info@zendokern.com an 11.7-acre parcel is illogical as the proposed project will not have significant environmental impacts (as detailed in the County Environmental Report). The subject property has no identified historic sites and is not an open shoreline area. The area of the subject property (Then part of the larger planned Waikoloa Highlands Development) was identified as a potential community center and park. However, in the years since the SKCDP development the Waikoloa Highlands Development has been stopped and the development of a community park without development of the community is not reasonable or possible. Further, analysis of the subject property's suitability for urban land use classification supports the argument for interpretation of the LUPAG map to be more appropriate as nearby Medium Density Urban lands. Section IX—of the submitted State Land Use Boundary Amendment Application details the proposed project's conformance to Urban District Standards. The proposed State Land Use Boundary Amendment conforms to Hawai'i Revised Statutes Chapter 15-15 Section 18 as amended October 11, 2013 in the following ways: It shall include lands characterized by "city-like" concentrations of people, structures, streets, urban level of services and other related land uses; It shall take into consideration the following specific factors: Proximity to centers of trading and employment except where the development would generate new centers of trading and employment. The subject property is proximate to Waikoloa Village (approximately 1/4 mile to the main intersection of Waikoloa Road and Paniolo Ave). The subject property is also reasonably close (within 10 to 20 miles) of area resorts which are major employment centers. Availability of basic services such as schools, parks, wastewater systems, solid waste disposal, drainage, water transportation systems, public utilities, and police and fire protection; and sufficient reserve areas for foreseeable urban growth. As this area is part of the Waikoloa Village area, it is already being serviced. There is a Fire Station, Library, Post Office and public school all located within 2 miles of the subject site. The nearest police station is located in Waimea, 18 miles away. In addition, there are recreation facilities in the general area as well. Major urban expansion projects are planned and/or underway in the Waikoloa area and there are hundreds of acres of land with residential zoning that could be developed in coming years. a 194 Wiwoole St. Hilo, HI 96720 Phone: 808-333-4734 ASSOCIATES Email: info@zendokern.com iP I It shall include lands with satisfactory topography, drainage, and i reasonably free from the danger of any flood, tsunami unstable soil condition, and other adverse environmental effects t tt There are no serious topographic conditions making the property unsuitable to urban development. There is one small drainage way that crosses a portion of the parcel. The hydrology of this drainage has been t detailed in previous studies and poses no significant hazard to potential t. development on the property with properly designed and constructed road 1 crossings. a: Land contiguous with existing urban areas shall be given more consideration than non-contiguous land, particularly when indicated for li future urban use on state or county general plans or county community plans or development plans. t hTheSouthKohalaCommunityDevelopmentPlanidentifiedthearea including the subject parcel as an area of potential urban development. Also, lands identified in the General Plan LUPAG Map as Medium Density Urban are found approximately 360 feet to the West of the t subject property.1 t It shall include lands in appropriate locations for new urban f concentrations and shall give consideration to areas of urban growth as shown on the state and county community plans or development plans. t As previously stated, the South Kohala Community Development Plan identified the area including the subject parcel as an area of potential urban development. Also, Lands identified in the General Plan LUPAG i Map as Medium Density Urban are found approximately 360 feet to the West of the subject property. t t It may include lands which do not conform to the standards in paragraphs 1) to (5): When surrounded by or adjacent to existing urban development; and only when those lands represent a minor portion of this district 1 Though the subject parcel substantially conforms to above criteria, the subject parcel is adjacent to existing urban development and would t. represent a minor portion of this district. It shall not include lands, the urbanization of which will contribute toward scattered spot urban development, necessitating unreasonable investment in public infrastructure or support services. 1 f i I. i t i 194 Wiwoole St. Hilo, HI 96720KERNPhone: 808-333-4734 8z ASSOCIATES Email: infogzendokern.com The subject parcel is proximate to the urban center of Waikoloa Village and will not contribute to scattered spot urban development. It may include lands with a general slope of twenty percent of more if the 1 commission finds that those lands are desirable and suitable for urban purposes and that the design and construction controls, as adopted by any federal, state, or county agency, are adequate to protect the public health, welfare and safety, and the public's interests in the aesthetic quality of the landscape. This criterion does not apply as the subject property has generally 5 to 15 slope. 2. At this time, the PD is requesting a more consistent description of the proposed project, including a discussion ofthe proposed hardware store and a description of the type of commercial institutions the applicant will target with the development of a multi-lot commercial subdivision. The applicant wishes to subdivide the subject property into nine (9) lots, building an affordable housing project on the largest lot (3.75 acres), possibly eventually 1 building a hardware store on another, and offering the remaining lots for sale. If approved, the proposed lots would consist of a minimum of 12,840 square feet in size. First and foremost, the applicant's plans for the subdivision include an affordable housing development. The affordable housing development will consist of 36 units in seven quad-plex and four duplex buildings as shown in Figure 3 a-e ofthe Environmental Report. 60%to 80% of the units will be affordable to households with incomes at or below 140% of median income. The applicant's plans for the remaining eight (8) lots are tentative and subject to change. The applicant may eventually build a hardware store on one of the other lots. The remaining lots are intended to be sold to various commercial developers and may include a number of services needed in the Waikoloa area including restaurants, offices, entertainment venues etc. At the time that further development of the commercial lots is planned (for the hardware store, or other commercial lots for instance), traffic impact studies will be performed and required mitigation implemented. 194 Wiwoole St. Hilo, HI 96720 Phone: 808-333-4734 ASSOCIATES Email: info@zendokern.com We trust that everything is in order for your acceptance and processing of this application. If not or if there are questions relating to this matter, please feel free to direct them to me. Thank you very much. Sincerely, I r ZENDO KERN Planning Consultant Enclosures Copy—Danny Julkowski (Pua Melia LLC) X': 1 qq 2-. y.