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BMauiVarietiesInvestmentsIncREZAmend.9.3.2024
COUNTY OF HAWAI‘I PLANNING DEPARTMENT
BACKGROUND REPORT
MAUI VARIETIES INVESTMENTS INC. (FORMERLY JERRY SOUZA)
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 14 54
(PL-REZ-2024-000059/ AMEND REZ 13-000171)
MAUI VARIETIES INVESTMENTS INC. has submitted an application for a 10-year time
extension to Condition C (establishment of a commercial use) and an amendment to condition H
(road improvements) of Change of Zone Ordinance No. 14 54, which rezoned approximately 1.0
acre of land from Agricultural-1 acre (A-1a) to Village Commercial-20,000 square feet (CV-20).
The subject property is located at 15-1447 Kahakai Boulevard, at its intersection with Keaʻau
Pāhoa Road, Keonepoko Homestead Lots, Puna, Hawaiʻi, TMK: (3) 1-5-007:061.
Applicant’s Request
1. Applicant’s Request: The applicant is requesting the following amendments to Change
of Zone Ordinance No. 14 54:
▪ A 10-year time extension to Condition C (establishment of a commercial use)
from the effective date of this amendment, with no further opportunity for a time
extension.
▪ An amendment to Condition H (road improvements) to require completion prior
to the issuance of a certificate of occupancy, rather than within 5 years from the
effective date of Change of Zone Ordinance No. 14 54.
The following are the specific amendment requests (material to be deleted is
bracketed/struck through, material to be added is underscored):
Amend Condition C:
The commercial use of the property shall be established (certificate of occupancy)
within [five (5)]ten (10) years from the effective date of this amended ordinance. Prior to
construction, the applicant shall secure Final Plan Approval for the development
from the Planning Director in accordance with Section 25-2-70, Chapter 25
(Zoning Code), Hawaiʻi County Code. Plans shall identify all existing and/or
proposed structures, fire protection measures, paved driveway access and paved
parking stalls associated with the proposed development. Landscaping shall be
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indicated on the plans for the purpose of mitigating any adverse noise or visual
impacts to adjacent properties in accordance with the requirements of Planning
Department Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning
Code), Hawaiʻi County Code.
Amend Condition H:
Prior to issuance of a certificate of occupancy, Tthe applicant shall provide
improvements to the property's frontage along Kahakai Boulevard consisting of, but
not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage
improvements and any required utility relocation, meeting the requirements of the
Americans with Disabilities Act and the approval of the Department of Public
Works[, within five (5) years from the effective date of this ordinance].
2. Applicant’s Reasons for the Request: The applicant acquired the subject property in
2017 with the intention of constructing a new 10,800-square foot Ace Hardware store
with 36 parking stalls, thereby relocating the business from its current location in the
Pahoa Marketplace Center. However, design and construction work was halted when the
2018 Kilauea eruption threatened the Puna district, which, in addition to the detrimental
economic effects of the Covid-19 pandemic, led the applicant to delay the project. Given
the additional time required to secure financing, complete design and construction, and to
avoid the need to request another time extension, the applicant is requesting a longer 10-
year time frame to comply with Condition C. Likewise, the applicant’s request to amend
Condition H is intended to pair the timing of road improvements to the issuance of a
certificate of occupancy, rather than within a 5-year time frame.
3. Landowner: Maui Varieties Investments Inc.
4. Supportive Information: The applicant has submitted the attached in support of the
request. (Planning Department Exhibit 1 – Change of Zone Amendment Request
dated April 23, 2024).
BACKGROUND INFORMATION
5. May 12, 2014 – Effective Date of Ordinance No. 14 54, approved by County Council to
change the zoning of the subject property from an Agricultural 1-acre (A-1a) to a Village
Commercial-20,000 square feet (CV-20) zoned district. The owners at this time planned
to live in the existing dwelling and to convert the existing 1,200-square foot garage into a
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food processing facility. (Planning Department Exhibit 2 – Change of Zone
Ordinance 14 54).
6. November 13, 2014 – The Planning Director granted a 180-day administrative time
extension to comply with Condition D (submit water usage calculations), until May 12,
2015.
7. November 19, 2018 – The Planning Director granted a 5-year administrative time
extension to comply with Condition C (complete construction), until May 12, 2024.
STATE AND COUNTY PLANS
8. State Land Use Designation: Urban.
9. County Zoning: Village Commercial-20,000 square feet (CV-20)
10. General Plan LUPAG Map: The property is designated primarily Medium Density
Urban (mdu), with a small portion on the east boundary designated Low Density Urban
(ldu).
11. Puna Community Development Plan (CDP): The PCDP was adopted by the Hawai‘i
County Council, Ordinance 08 116, on September 10, 2008. The subject property is
located just outside of the Pāhoa Regional Town Center.
12. Special Management Area (SMA): The Special Management Area is a part of the
Coastal Zone Management Program and regulated by the County. The site is located
approximately 5.5 miles from the nearest shoreline and is not situated within the SMA.
DESCRIPTION OF SUBJECT PROPERTIES AND SURROUNDING AREA
13. Subject Property: The subject, square shaped property is located on the south side of
Kahakai Boulevard, directly across from the Woodland Center Shopping Center. The
property has been improved with a 1,652-square foot single family dwelling and a 1,200-
square foot garage that will be removed to construct the proposed hardware store.
14. Surrounding Zoning/Land Uses: Lands to the south, west and east are zoned
agricultural (A-1a and A-5a), with properties to the north and further west zoned
commercial (CN-20 and CV-10). Surrounding land uses are a mix of residential,
agricultural and commercial uses, including a Longs Drugs, Pāhoa Auto Parts, Puna Kai
Shopping Center, gas station and fast food restaurants.
15. FEMA FIRM MAP: The subject parcel is in an area designated as Zone “X” on the
Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency, an
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area determined to be outside the 500-year flood plain.
16. Floral/Faunal Resources: There were no professional surveys conducted of the floral or
faunal resources of the subject property, and as the land has been cleared of all vegetation
for development, the applicant does not believe that any rare or endangered flora or
faunal resources are likely to be found within the subject property.
17. Archaeological/Historic/Cultural Resources: No professional archaeological and
cultural study was conducted as the subject property has been cleared and impacted by
residential development. According to comments from the State Department of Land and
Natural Resources, State Historic Preservation Division (SHPD), the project area has
been impacted by ground-disturbing activities, no archaeological inventory survey has
been conducted and no historic properties have been identified previously in the project
area, therefore the determination is “no historic properties affected.”
18. Public Access: There is no record of a designated public access to the shoreline or
mountain areas that traverses the subject property.
19. Traffic: Section 25-2-46 (d) (1) of the concurrency provision requires a Traffic Impact
Analysis Report (TIAR) as part of any rezoning application in situations where the
projected use can generate 50 or more peak hour trips. Based on the ITE Trip Generation
rates, the proposed development will generate about 32 p.m. peak hour trips, thus, the
project does not trigger the requirement for a TIAR.
PUBLIC UTILITIES AND SERVICES
20. Access: Access to the subject property is from Kahakai Boulevard, a 30-foot-wide paved
roadway within a 50-foot right-of-way. At the time of the original rezone application, the
Department of Public Works (DPW) recommended that the applicant provide
improvements to the property’s entire Kahakai Boulevard frontage consisting of, but not
limited to, pavement widening with concrete curb, gutter and sidewalk, drainage
improvements, and any required utility relocation, meeting the requirements of the
Americans with Disabilities Act and the approval of the DPW. According to DPW, they
have no objection to the current amendment request and note that their comments from
the original rezone are still applicable. Likewise, the Hawaiʻi Department of
Transportation (HDOT) has no objection to the requested amendments and notes that
their comments from 2014 remain valid and applicable. At that time, HDOT requested
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that access be right turn in/right turn out only to prevent queuing of vehicles back to the
Pāhoa Bypass Road, that no additional surface water runoff be allowed to discharge onto
Pāhoa Bypass Road, that the County should monitor cumulative traffic impacts to Pāhoa
Bypass Road, and suggested that the County consider imposing a condition requiring
developers/property owners for land use approvals to participate in cost-sharing
contribution agreements for future implementation of roadway mitigation measures on
State highway facilities.
21. Water: County water is available from an existing 8-inch and 12-inch waterline within
Kahakai Boulevard, fronting the property, via an existing 5/8-inch meter. The
Department of Water Supply (DWS) has no objection to the amendment request;
however, the applicant will need to submit estimated maximum daily water usage
calculations for the proposed project, prepared by a professional engineer licensed
in the State of Hawaiʻi, for review and approval. Upon receipt of the water usage
calculations, which shall include the total estimated daily water usage in gallons per day
and the estimated peak-flow in gallons per minute, DWS will make a determination as to
the water commitment deposit amount and prevailing facilities charge. If the existing
meter cannot accommodate the additional estimated demand, a larger or additional meter
will need to be installed, meeting with the approval of DWS. The applicant provided
comments noting that the water calculations and required improvements, if necessary,
will be done in conjunction with the plan approval and building permitting process.
22. Wastewater System: There is no municipal sewer system servicing the subject area;
therefore, any new building will need to install an individual wastewater system meeting
with the approval of the Department of Health (DOH).
23. Solid Waste: There is no municipal waste collection service in the County. Solid waste
will be disposed of at an authorized landfill by commercial haulers or by the landowner.
24. Essential Utilities and Services: All essential utilities and services are available to the
project site. The area is served by police and fire stations in Pāhoa, while emergency
medical services are available in Hilo.
AGENCIES’ AND ORGANIZATIONS’ COMMENTS
25. State Department of Health (Planning Department Exhibit 3 – June 17, 2024 Memo)
26. State Department of Land and Natural Resources - State Historic Preservation
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Division (Planning Department Exhibit 4 – July 9, 2024 Letter)
27. State Department of Transportation (Planning Department Exhibit 5 – July 18,
2024 Letter)
28. Department of Water Supply (Planning Department Exhibit 6 – August 12, 2024
Letter)
AGENCIES - NO COMMENTS OR OBJECTIONS
29. Department of Public Works – Engineering Division; Police Department.
AGENCIES - NO RESPONSES
30. State Department of Land and Natural Resources – Engineering & Land Divisions;
Department of Public Works – Traffic Division; Department of Environmental
Management; Fire Department; Office of Housing and Community Development.
APPLICANT’S RESPONSE TO COMMENTS
31. The applicant provided response letters to agency comments: (Planning Department
Exhibit 7 and 8 – July 13, 2024 Letter and August 18, 2024 Letter).
PUBLIC COMMENTS
32. No public comments have been received as of the date of the writing of this report.
83
Land Use: 816
Hardware/Paint Store
Description
A hardware/paint store is a free-standing building that sells hardware and paint supplies. Building
materials and lumber store (Land Use 812) and home improvement superstore (Land Use 862) are
related uses.
Additional Data
The technical appendices provide supporting information on time-of-day distributions for this
land use. The appendices can be accessed through either the ITETripGen web app or the trip
generation resource page on the ITE website (https://www.ite.org/technical-resources/topics/trip-
and-parking-generation/).
The sites were surveyed in the 1990s and the 2010s in California, Oregon, South Dakota, Texas,
and Wisconsin.
Source Numbers
358, 531, 880, 959, 966
General Urban/Suburban and Rural (Land Uses 800–999)
Hardware/Paint Store(816)
Vehicle Trip Ends vs:1000 Sq.Ft.GFA
On a:Weekday
Setting/Location:General Urban/Suburban
Number of Studies:4
Avg.1000 Sq.Ft.GFA:11
Directional Distribution:50%entering,50%exiting
Vehicle Trip Generation per 1000 Sq.Ft.GFA
Average Rate Range of Rates Standard Deviation
8.07 3.82 -20.33 5.66
Data Plot and Equation
0 10 20 300
100
200
Average RateStudySite
Fitted Curve Equation:Not Given R²=***
X =1000 Sq.Ft.GFAT = Trips Ends84 Trip Generation Manual 11th Edition • Volume 5
Hardware/Paint Store(816)
Vehicle Trip Ends vs:1000 Sq.Ft.GFA
On a:Weekday,
Peak Hour of Adjacent Street Traffic,
One Hour Between 7 and 9 a.m.
Setting/Location:General Urban/Suburban
Number of Studies:4
Avg.1000 Sq.Ft.GFA:11
Directional Distribution:54%entering,46%exiting
Vehicle Trip Generation per 1000 Sq.Ft.GFA
Average Rate Range of Rates Standard Deviation
0.92 0.46 -1.66 0.42
Data Plot and Equation
0 10 20 300
10
20
30
Average RateStudySiteFittedCurve
Fitted Curve Equation:T =0.75(X)+1.92 R²=0.62
X =1000 Sq.Ft.GFAT = Trips Ends85General Urban/Suburban and Rural (Land Uses 800–999)
Hardware/Paint Store(816)
Vehicle Trip Ends vs:1000 Sq.Ft.GFA
On a:Weekday,
Peak Hour of Adjacent Street Traffic,
One Hour Between 4 and 6 p.m.
Setting/Location:General Urban/Suburban
Number of Studies:7
Avg.1000 Sq.Ft.GFA:10
Directional Distribution:46%entering,54%exiting
Vehicle Trip Generation per 1000 Sq.Ft.GFA
Average Rate Range of Rates Standard Deviation
2.98 0.59 -8.45 3.09
Data Plot and Equation
0 10 20 300
20
40
60
80
100
Average RateStudySite
Fitted Curve Equation:Not Given R²=***
X =1000 Sq.Ft.GFAT = Trips Ends86 Trip Generation Manual 11th Edition • Volume 5
Hardware/Paint Store(816)
Vehicle Trip Ends vs:1000 Sq.Ft.GFA
On a:Weekday,
AM Peak Hour of Generator
Setting/Location:General Urban/Suburban
Number of Studies:4
Avg.1000 Sq.Ft.GFA:11
Directional Distribution:52%entering,48%exiting
Vehicle Trip Generation per 1000 Sq.Ft.GFA
Average Rate Range of Rates Standard Deviation
1.39 1.07 -3.33 0.83
Data Plot and Equation
0 10 20 300
10
20
30
Average RateStudySite
Fitted Curve Equation:Not Given R²=***
X =1000 Sq.Ft.GFAT = Trips Ends87General Urban/Suburban and Rural (Land Uses 800–999)
Hardware/Paint Store(816)
Vehicle Trip Ends vs:1000 Sq.Ft.GFA
On a:Weekday,
PM Peak Hour of Generator
Setting/Location:General Urban/Suburban
Number of Studies:4
Avg.1000 Sq.Ft.GFA:11
Directional Distribution:49%entering,51%exiting
Vehicle Trip Generation per 1000 Sq.Ft.GFA
Average Rate Range of Rates Standard Deviation
1.10 0.46 -2.59 0.75
Data Plot and Equation
0 10 20 300
10
20
30
Average RateStudySite
Fitted Curve Equation:Not Given R²=***
X =1000 Sq.Ft.GFAT = Trips Ends88 Trip Generation Manual 11th Edition • Volume 5
Hardware/Paint Store(816)
Vehicle Trip Ends vs:1000 Sq.Ft.GFA
On a:Saturday,Peak Hour of Generator
Setting/Location:General Urban/Suburban
Number of Studies:1
Avg.1000 Sq.Ft.GFA:4
Directional Distribution:56%entering,44%exiting
Vehicle Trip Generation per 1000 Sq.Ft.GFA
Average Rate Range of Rates Standard Deviation
2.25 2.25 -2.25 ***
Data Plot and Equation Caution –Small Sample Size
0 1 2 3 4 50
2
4
6
8
10
Average RateStudySite
Fitted Curve Equation:Not Given R²=***
X =1000 Sq.Ft.GFAT = Trips Ends89General Urban/Suburban and Rural (Land Uses 800–999)
Hardware/Paint Store(816)
Vehicle Trip Ends vs:Employees
On a:Weekday
Setting/Location:General Urban/Suburban
Number of Studies:4
Avg.Num.of Employees:3
Directional Distribution:50%entering,50%exiting
Vehicle Trip Generation per Employee
Average Rate Range of Rates Standard Deviation
27.69 12.50 -41.00 14.54
Data Plot and Equation
0 1 2 3 4 50
100
200
Average RateStudySite
Fitted Curve Equation:Not Given R²=***
X =Number of EmployeesT = Trips Ends90 Trip Generation Manual 11th Edition • Volume 5
Hardware/Paint Store(816)
Vehicle Trip Ends vs:Employees
On a:Weekday,
Peak Hour of Adjacent Street Traffic,
One Hour Between 7 and 9 a.m.
Setting/Location:General Urban/Suburban
Number of Studies:4
Avg.Num.of Employees:3
Directional Distribution:54%entering,46%exiting
Vehicle Trip Generation per Employee
Average Rate Range of Rates Standard Deviation
3.15 1.50 -5.00 1.59
Data Plot and Equation
0 1 2 3 4 50
10
20
30
Average RateStudySite
Fitted Curve Equation:Not Given R²=***
X =Number of EmployeesT = Trips Ends91General Urban/Suburban and Rural (Land Uses 800–999)
Hardware/Paint Store(816)
Vehicle Trip Ends vs:Employees
On a:Weekday,
Peak Hour of Adjacent Street Traffic,
One Hour Between 4 and 6 p.m.
Setting/Location:General Urban/Suburban
Number of Studies:3
Avg.Num.of Employees:3
Directional Distribution:39%entering,61%exiting
Vehicle Trip Generation per Employee
Average Rate Range of Rates Standard Deviation
3.67 3.00 -4.33 0.75
Data Plot and Equation
0 1 2 3 4 50
10
20
Average RateStudySite
Fitted Curve Equation:Not Given R²=***
X =Number of EmployeesT = Trips Ends92 Trip Generation Manual 11th Edition • Volume 5
Hardware/Paint Store(816)
Vehicle Trip Ends vs:Employees
On a:Weekday,
AM Peak Hour of Generator
Setting/Location:General Urban/Suburban
Number of Studies:4
Avg.Num.of Employees:3
Directional Distribution:52%entering,48%exiting
Vehicle Trip Generation per Employee
Average Rate Range of Rates Standard Deviation
4.77 3.50 -6.00 1.36
Data Plot and Equation
0 1 2 3 4 50
10
20
30
Average RateStudySiteFittedCurve
Fitted Curve Equation:T =5.27(X)-1.64 R²=0.56
X =Number of EmployeesT = Trips Ends93General Urban/Suburban and Rural (Land Uses 800–999)
Hardware/Paint Store(816)
Vehicle Trip Ends vs:Employees
On a:Weekday,
PM Peak Hour of Generator
Setting/Location:General Urban/Suburban
Number of Studies:4
Avg.Num.of Employees:3
Directional Distribution:49%entering,51%exiting
Vehicle Trip Generation per Employee
Average Rate Range of Rates Standard Deviation
3.77 1.50 -5.00 1.76
Data Plot and Equation
0 1 2 3 4 50
10
20
30
Average RateStudySite
Fitted Curve Equation:Not Given R²=***
X =Number of EmployeesT = Trips Ends94 Trip Generation Manual 11th Edition • Volume 5
JOSH GREEN, M.D. E a H KENNETH S. FINK,M.D,MGA, MPH
GOVERNOR OF HAWAII rr•';y ss"`s!. DIRECTOR OF HEALTH
KA LUNA HO'OKELEKEKIA'AINA O KA MOKU'AINA O HAWAII y,
ic 1 ;6r, -,t@ a '
t-4,;:„5:,v
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O.BOX 916
H I LO, HAWAII 96721-0916
MEMORANDUM
DATE: June 17, 2024
TO: Mr. Zendo Kern
Planning Director, County of Hawaii
FROM: Eric Honda
District Environmental Health Program Chief
SUBJECT: Change of Zone Amendment Application No. PL-REZ-2024-000059
Amendment to Change of Zone Ordinance No. 14 54 (REZ-13-000171)
Applicant: Maui Varieties Investments Inc. (formerly Jerry Souza)
Request: 10-year Time Extension to Condition C (Establishment of a
Commercial Use), and Modification to Condition H (Road
Improvements)
Tax Map Key: (3) 1-5-007:061; Puna, Hawaii
In most cases,the District Health Office will no longer provide individual comments to
agencies or project owners to expedite the land use review and process.
Agencies,project owners, and their agents should apply Department of Health"Standard
Comments"regarding land use to their standard project comments in their submittal.
Standard comments can be found on the Land Use Planning Review section of the
Department of Health website: https://health.hawaii.gov/epo/landuse/. Contact
information for each Branch/Office is available on that website.
Note: Agencies and project owners are responsible for adhering to all applicable
standard comments and obtaining proper and necessary permits before the
commencement of any work.
General summary comments have been included for your convenience. However, these
comments are not all-inclusive and do not substitute for review of and compliance with all
applicable standard comments for the various DOH individual programs.
Clean Air Branch
Zendo Kern
June 17, 2024
Page 2 of 4
1. All project activities shall comply with the Hawaii Administrative Rules (HAR),
Chapters 11-59 and 11-60.1.
2. Control of Fugitive Dust: You must reasonably control the generation of all
airborne, visible fugitive dust and comply with the fugitive dust provisions of
HAR §11-60.1-33. Note that activities that occur near existing residences,
businesses,public areas, and major thoroughfares exacerbate potential dust
concerns. It is recommended that a dust control management plan be developed
which identifies and mitigates all activities that may generate airborne and visible
fugitive dust and that buffer zones be established wherever possible.
3. Standard comments for the Clean Air Branch
are at: https://health.hawaii.gov/epo/landuse/
Clean Water Branch
1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55.
1. The following Clean Water Branch website contains
information for agencies and/or project owners who are
seeking comments regarding environmental compliance for
their projects with HAR, Chapters 11-53, 11-54, and 11-55:
https://health.hawaii.gov/cwb/clean-water-branch-home-
page/cwb- standard-comments/.
Hazard Evaluation & Emergency Response Office
1. A Phase I Environmental Site Assessment(ESA) and Phase II Site Investigation
should be conducted for projects wherever current or former activities on site may
have resulted in releases of hazardous substances, including oil or chemicals.
Areas of concern include current and former industrial areas,harbors, airports,
and formerly and currently zoned agricultural lands used for growing sugar,
pineapple or other agricultural products.
2. Standard comments for the Hazard Evaluation& Emergency Response Office
are at: https://health.hawaii.gov/epo/landuse/.
Indoor and Radiological Health Branch
1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11-
502,
11-503, and 11-504.
2. Noise may be generated during demolition and/or construction. The
applicable maximum permissible sound levels, as stated in Title 11, HAR,
Chapter 11-46, "Community Noise Control,"shall not be exceeded unless a
noise permit is obtained from the Department of Health.
3. Construction/Demolition Involving Asbestos: If the proposed project includes
renovation/demolition activities that may involve asbestos,the applicant should
contact the Asbestos and Lead Section of the Branch at
https://health.hawaii.gov/irhb/asbestos/.
Zendo Kern
June 17, 2024
Page 3 of 4
Safe Drinking Water Branch
1. Agencies and/or project owners are responsible for ensuring environmental
compliance for their projects in the areas of 1)Public Water Systems; 2)
Underground Injection Control; and 3) Groundwater and Source Water Protection
in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11-
25. They may be responsible for fulfilling additional requirements related to the
Safe Drinking Water program: https://health.hawaii.gov/sdwb/.
2. Standard comments for the Safe Drinking Water Branch can be
found at: https://health.hawaii.gov/epo/landuse/.
Solid &Hazardous Waste Branch
1. Hazardous Waste Program - The state regulations for hazardous waste and used
oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the
identification, handling, transportation, storage, and disposal of regulated
hazardous waste and used oil.
2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters
339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282.
Generators and handlers of solid waste shall ensure proper recycling or disposal
at DOH-permitted solid waste management facilities. If possible,waste
prevention, reuse, and recycling are preferred options over disposal. The Office
of Solid Waste Management also oversees the electronic device recycling and
recovery law, the glass advanced disposal fee program, and the deposit beverage
container program.
3. Underground Storage Tank Program—The state regulations for underground
storage tanks are in HAR Chapter 11-280.1. These rules apply to the design,
operation, closure, and release response requirements for underground storage
tank systems, including unknown underground tanks identified during
construction.
4. Standard comments for the Solid& Hazardous Waste Branch can be
found at: https://health.hawaii.gov/epo/landuse/.
Wastewater Branch
For comments,please email the Wastewater Branch at doh.wwb@,doh.hawaii.gov.
Sanitation /Local DOH Comments:
1. According to HAR §11-26-35,No person, firm, or corporation shall demolish or
clear any structure without first ascertaining the presence or absence of rodents
that may endanger public health by dispersal from such premises. Should any
such inspection reveal the presence of rodents, the rodents shall be eradicated
before demolishing or clearing the structure. A demolition permit is required prior
to demolition.
Zendo Kern
June 17, 2024
Page 4 of 4
Other
1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit
recommends that state and county planning departments, developers,planners,
engineers, and other interested parties apply these principles when planning or
reviewing new developments or redevelopment projects.
2. If new information is found or changes are made to your submittal, DOH reserves
the right to implement appropriate environmental health restrictions as required.
Should there be any questions on this matter,please contact the Department of
Health, Hawaii District Health Office, at(808) 933-0917.
JOSH GREEN, M.D.
GOVERNOR 1 KE KIAAINA
SYLVIA LUKE
LIEUTENANT GOVERNOR 1 KA HOPE KIA'AINA
STATE OF HAWAII 1 KA MOKU`AINA '0 HAWAII
DEPARTMENT OF LAND AND NATURAL RESOURCES
KA `OIHANA KUMUWAIWAI `AINA
STATE HISTORIC PRESERVATION DIVISION
KAKUHIHEWA BUILDING
601 KAMOKILA BLVD, STE 555
KAPOLEI, HAWAII 96707
July 9, 2024
Zendo Kern, Director
Planning Department
County of Hawaii
101 Pauahi Street, Suite 3
Hilo, HI 96720
E-mail: planning@hawaiicounty.gov
Dear Mr. Kern:
DAWN N.S. CHANG
CHAIRPERSON
BOARD OF LAND AND NATURAL RESOURCES
COMMISSION ON WATER RESOURCE
MANAGEMENT
RYAN K.P. KANAKA`OLE
FIRST DEPUTY
DEAN D. UYENO
ACTING DEPUTY DI RECTOR - WATER
AQUATIC RESOURCES
BOATING AND OCEAN RECREATION
BUREAU OF CONVEYANCES
COMMISSION ON WATER RESOURCE MANAGEMENT
CONSERVATION AND COASTAL LANDS
CONSERVATION AND RESOURCES ENFORCEMENT
ENGINEERING
FORESTRY AND WILDLIFE
HISTORIC PRESERVATION
KAHOOLAWE ISLAND RESERVE COMMISSION
LAND
STATE PARKS
IN REPLY REFER TO:
Project No. 2024PR00759
Doc. No. 2407JG06
Archaeology
SUBJECT: Hawaii Revised Statutes (HRS) Chapter 6E-42 Historic Preservation Review
Request for Time Extension for A County of Hawaii Change of Zone Application
Permit No. PL-REZ-13-000171, Ord. No. 14-54
Keonepokonui Ahupua`a, Puna District, Island of Hawaii
TMK: (3) 1-5-007:061
This letter provides the State Historic Preservation Division's (SHPD's) review of the subject Time Extension Request
for a County of Hawaii Change of Zone Application received by our office on June 17, 2024. The submittal included
a letter dated April 23, 2024 for Sidney Fuke (landowner's representative) to Zendo Kern (Planning Department), a
Rezoning Time Extension Requst document, a copy of Ordinance No. 14-54, a site map of the project area, and a
satellite image of the project parcel.
The project area comprises the entirety of the 1.00 -acre parcel. The original rezoning of the parcel from Agricultural
A -1a) to Village Commercial (CV -20) occurred in 2014 and was conducted to allow commercial use of an existing
dwelling or a new use consistent with commercial zoning. The applicant is requesting an extension for Condition C
of the original rezoning application which required the establishment of the use and/or completion of the project within
5 years (2019). However, due to the 2018 Puna eruption and subsequent COVID pandemic, the use and/or completion
of the project did not occur. The applicant is currently requesting a time exension amendment of the subject change
of zone and ordinance to allow for the project or development to be completed within 10 years of the effective date of
the amended ordinance.
SHPD records indicate that the current project area has not been previously subject to an archaeological inventory
survey (AIS), nor have any historic properties been previously identified therein. The original rezoning of the project
parcel was subject to SHPD review. In a letter dated November 29, 2013 (Doc. No. 1307SN24) SHPD made a project
effect determination of "no historic properties affected" on the basis that the project parcel was impacted by previous
grubbing, grading, and urban activities. Contemporary aerial imagery confirms that the current project parcel was
previously impacted by ground -disturbing activities and that conditions largely remain the same.
Based on the information provided, SHPD's project effect determination is "No historic properties affected"
pursuant to HAR §13-284-7(a)(1) for the current project. Additionally, pursuant to HAR §13 -284-7(e), when SHPD
comments that the proposed project shall not affect significant historic properties, the HRS 6E historic preservation
review process ends. The permit issuance process may proceed.
Zendo Kern
July 9, 2024
Page 2
Attach to permit: If historic properties such as lava tube openings, concentrations of artifacts, structural remains or
human skeletal remains are found during construction activities please cease work in the immediate vicinity of the
find, protect the find from additional disturbance, and contact the State Historic Preservation Division at (808) 933-
7653.
Please contact Joshua Gastilo at loshua.gastilo@hawaii.gov for questions regarding archaeological resources or this
letter.
Aloha,
Leslie y / kea
Lesley Iaukea, PhD
Acting Administrator, State Historic Preservation Division
cc: Sidney Fuke, sidneyfuke@gmail.com
Jessica Andrews, jessica.andrews@hawaiicounty.gov
Wayne Kamitaki, wayne.kamitaki@,hmstores.com
JOSH GREEN, M.D.
GOVERNOR
KE KIA'AINA
STATE OF HAWAII 1 KA MOKU'AINA `O HAWAII
DEPARTMENT OF TRANSPORTATION 1 KA `OIHANA ALAKAU
869 PUNCHBOWL STREET
HONOLULU, HAWAII 96813-5097
July 18, 2024
Mr. Zendo Kern
Planning Director
County of Hawaii
Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Dear Mr. Kern:
Subject: Change of Zone Amendment
Application No. PL-REZ-2024-000059
Maui Varieties Investments Inc. (formerly Jerry Souza)
Puna, Hawaii
Tax Map Key No. (3) 1-5-007: 061
EDWIN H. SNIFFEN
DIRECTOR
KA LUNA HO'OKELE
Deputy Directors
Na Hope Luna Ho'okele
DREANALEE K. KALILI
TAMMY L. LEE
CURT T. OTAGURO
ROBIN K. SHISHIDO
IN REPLY REFER TO.
STP 00514.24
HWY-PL 24-2.35111
Thank you for your letter requesting our comments on the subject application. We apologize for
the delay in response. The 43,560 -square -foot site previously approved for a food processing
facility is proposed to be used for an Ace Hardware retail operation. In addition, the applicant is
seeking to amend Condition C from Ordinance 14-54 to allow up to 10 years to fulfill their
obligations with development completion, including off-site improvements. The primary access
will be on Kahakai Boulevard (county road), which intersects State Route 130, north of the site.
The Hawaii Department of Transportation has the following comments:
1. We have no objections with Condition C to be amended for the required development
completion with an additional 10 year time extension. The same condition was also
previously amended in 2014 to allow a 5 year extension.
2. Our comments listed in our prior letter dated March 6, 2014 (attached) remain valid and
applicable.
Mr. Zendo Kern
July 18, 2024
Page 2
HWY-PL 24-2.35111
If you have any questions, please contact Jeyan Thirugnanam, Land Use Planning Engineer,
Planning Branch at (808) 587-6336 or by email at jeyan.thirugnanam@hawaii.gov. Please
reference file review number PL 2024-125.
Sincerely,
EDWIN H. SNIFFEN
Director of Transportation
Attachment
NEIL ABERCROMBIE
GOVERNOR
Mr. Duane Kanuha
Director
Planning Department
County ofHawaii
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Dear Mr. Kanuha:
STATE OF HAWAII
DEPARTMENT OF TRANSPORTATION
869 PUNCHBOWL STREET
HONOLULU, HAWAII 96813-5097
March 6, 2014
GLENN M. OKIMOTO
DIRECTOR
Deputy Directors
FORD N. FUCHIGAMI
RANDY GRUNE
AUDREY HIDANO
JADINE URASAKI
IN REPLY REFER TO:
HWY-PS 2.6670
Subject: State Land Use Boundary Amendment (SLU 13-000039)
Request: Agricultural to Urban, Change of Zone Application (REZ 13-000171)
Request: A -la to CV -20
Applicant: Jerry Souza
15-447 Kahakai Boulevard, Pahoa, Hawaii, TMK: (3) 1-5-007:061
Thank you for consulting with us regarding the subject State Land Use Boundary Amendment
agricultural to urban) and zone change (A -la to CV -20) applications. The applicant proposes to
establish a commercial food processing facility within an existing warehouse. The property is
located on Kahakai Boulevard which intersects Pahoa Bypass Road (State Route #130)
immediately to the north.
We have no objections to the applicant's land use boundary amendment and change of zone
applications, subject to the following conditions:
1. Applicant shall continue to use the existing right -turn in/right-turn out only access to the
property to prevent queuing of vehicles back to the Pahoa Bypass Road.
2. There shall be no additional surface water runoff that discharges onto Pahoa Bypass Road
caused by this project.
3. The County should closely monitor the increase of land use change and rezoning
application requests in the region because the cumulative traffic impacts created by these
land/property developments will eventually adversely impact our nearby State highway
facilities (Pahoa Bypass Road).
Mr. Duane Kanuha, Director
March 6, 2014
Page 2
HWY-PS 2.6670
4. The County should consider imposing a condition requiring developers/property owners
for land use approvals to participate in cost sharing contribution arrangements for future
implementation of required roadway mitigation measures on our nearby State highway
facilities.
If you have any questions, please contact Gary Ashikawa, Systems Planning Engineer, Highways
Division, Planning Branch at 808-587-6336.
Very truly yours,
GLENN M. OKIMOTO, Ph.D.
Director of Transportation
FC:emk
0,wATF ,
i9i 149;ilk DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAI`I
o••••••;e`'' 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAI'I 96720xewN
TELEPHONE (808) 961-8050 • FAX (808) 961-8657
COH PLANNING DEPT
August 12,2024 AUG 12 2024 PH2:5'
REC'D NAND DELIVERED
TO: Mr.Zendo Kern, Director
Planning Department
FROM: Keith K.Okamoto,Manager—Chief Engineer
SUBJECT: Change of Zone Amendment Application No.PL-REZ-2024-000059
Amendment to Change of Zone Ordinance No. 14 54(REZ-13-000171)
Applicant: Maui Varieties Investments Inc.(formerly Jerry Souza)
Request: 10-year Time Extension to Condition C(Establishment of a Commercial Use),
and Modification to Condition H(Road Improvements)
Tax Map Key: (3) 1-5-007:061
We have reviewed the subject request and have no objections to the time extension.
To ascertain the water needs of the project,the Department requests that the applicant submit estimated
maximum daily water usage calculations for the proposed project,prepared by a professional engineer licensed
in the State of Hawai`i,for review and approval. The water usage calculations should include the total estimated
daily water usage in gallons per day and the estimated peak-flow in gallons per minute.
Upon receipt of the water usage calculations above,the Department will make a determination as to the water
commitment deposit amount and prevailing facilities charge(subject to change)to be paid, if necessary. Ifthe
existing meter cannot accommodate the additional estimated demand,a larger or additional meter will need to be
installed and remittance of the prevailing facilities charge,which is subject to change,will be required.
Should there be any questions,please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch
at 961-8070,extension 256.
Sincerely yours,
Keith K.Okamoto,P.E.
Manager-Chief Engineer
RQ/klcm
copy— Mr. Sidney Fuke
Water, Our 9litost Precious Resource. . . Ka WaiA bane. . .
The Department of Water Supply is an Equal Opportunity provider and employer.