HomeMy WebLinkAbout2024-10-29 Email Niel Jayasinghe Response (PL-SMA-2024-000060)
From:Niel Jayasinghe
To:Dacayanan, Melissa
Cc:Roy, Alex
Subject:Re: Windward Planning Commission Notice of 11-1-24 Meeting for Niel Jayasinghe (PL-SMA-2024-000060) on
TMK: (3) 2-1-014:002
Date:Tuesday, October 29, 2024 7:18:02 AM
Attachments:Applicants Response.pdf
Please see my remarks attached to the committee. Please make sure to submit to the next
meeting.
Thank you
Niel Jayasinghe
On Friday, October 4, 2024 at 04:43:07 PM CDT, Dacayanan, Melissa
<melissa.dacayanan@hawaiicounty.gov> wrote:
Good morning Mr. Pipan,
Attached please find the notice of meeting on the subject application scheduled for Friday, November 1,
2024, by the Windward Planning Commission. There will be no hard copy to follow.
Should you have any questions, feel free to contact Alex Roy (cc’d herein) at (808) 961-8140.
Thank you.
Melissa Dacayanan-Salvador
Windward Planning Commission
County of Hawaii Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Direct: (808) 961-8156 Main: (808)961-8288
Email: melissa.dacayanan@hawaiicounty.gov
ENGINEERING DIVISION
Reviewed by
06/14/23
Date
Approved Not Approved
Approved as Noted
CƚƩ IğǞğźź /ƚǒƓƷǤ /ƚķĻ
Section 25-2-72
October 22, 2024
Hilo, Hawaii
Prepare by:
Thusitha Silva, P.E.
PROJECT OVERVIEW
This project proposes construction of 17 three storied multifamily residential building that
ingress and egress to Kalanianaole Avenue. The intent of this study is to evaluate preliminary
traffic impact due to this proposed development.
ROADWAYS
The primary roadways in the study area is Kalanianaole Avenue
CRASH DATA
In review crash data since 2005, the nearest crash was about a mile away from the project site.
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Image 1: Crash Data Cluster Map
PROPOSED DEVELOPMENT
SITE DEVELOPMENT
The current site consists of vacant land and the proposed development includes 17 dwelling
residential units and, is anticipated to be completed in the year 2026. Figure below shows the
proposed site layout.
SITE ACCESS
Site access will be provided by the
following two driveways:
Driveway 1 -Full access
driveway intersection to Kalanianaole
St.
Driveway 2 a limited access
driveway to Apapane Road
PROJECTED CONDITIONS
TRIP GENERATION
To complete a Traffic Impact Analysis for the proposed development, the number of trips
expected to be generated by the planned facilities must be determined. The number of trips
generated by the development during average weekday peak hours is based on the land use
type and size of the building. The land use for Multifamily Housing (Low-Rise) (220) from
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Institute of Transportation Engineers (ITE) ƩźƦ DĻƓĻƩğƷźƚƓ ağƓǒğƌͲ ЊЊ 9ķźƷźƚƓ was selected for
trip generation purposes.
The Table below shows a summary of the net trips generated by the proposed development
land use.
Trip Generation Volumes
Size Weekday A.M. Peak P.M. Peak
Trip Generation
(dwelling
Building
Total Enter Exit Total Enter Exit Total Enter Exit
units)
Multifamily
17 115 57 58 8 2 6 10 6 4
Housing (Low-Rise)
(220)
Figure above show the site generated trips for the AM peak hour and PM peak hour of the
development, respectively.
CONCLUSION
In summary, the traffic impact from the proposed development estimated to me negligible.
R_ Jayasinghe_SMA_June_2024
COUNTY OF HAWAI‘I PLANNING DEPARTMENT
RECOMMENDATION
NIEL JAYASINGHE
SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION
(PL-SMA-2024-000060)
Upon careful review of the applicant's request against the guidelines for granting of a Special
Management Area Use Permit, the Planning Director recommends that this request to
construct a four-story, 41,600 square foot apartment building containing seventeen (17)
rental units and related improvements in a 0.445-acre parcel within the Special
Management Area (SMA). be approved by the Planning Commission. Since this
recommendation is made without the benefit of public testimony, the Director reserves the right
to modify and/or alter this recommendation based upon additional information presented at the
public hearing. This approval recommendation is based on the following:
The applicant requests a Special Management Area Use Permit to develop an apartment
building with four (4) stories and two (2) parallel north-south wings, ground level
parking, and a rooftop terrace. The ground floor is proposed to be 11,360 square feet and
contain a total of twenty-two (22) parking stalls, including two (2) ADA-accessible stalls.
A water service room, an electrical room, and a trash disposal area are also proposed on
this floor. The first and second floors are proposed to contain a total of twelve (12) rental
units (six per floor). Each of these units would be approximately 1,000 square feet in area
and consist of two (2) bedrooms and two (2) full bathrooms. The floor plans also include
a kitchen, dining and living room, and a balcony. The third floor is proposed with a
combination of four (4) 2-bedroom and 2-bathroom units and one (1) 3-bedroom, 3-
bathroom unit of approximately 2,000 square feet in area. The 3- bedroom unit features
one larger suite bedroom, a vestibule, a larger living area, and balcony. The total number
of proposed rental units in the building is seventeen (17). In addition, the project proposes
an 8,170 square foot rooftop terrace for resident use. One (1) elevator and two (2)
stairways are proposed for access to all floors
The grounds for approving development within the Special Management Area are
based on HRS, Chapter 205A-26(2) (Special Management Area guidelines) and Rule 9-
11(e) of the Planning Commission Rules of Practice and Procedure. Planning
Commission Rule 9-11(e) states that the Authority (Planning Commission) may permit
the proposed development only upon finding that:
1.The development will nothave any substantial adverseenvironmental or ecological
effect except as such adverse effect is minimized to the extent practicable and is
clearly outweighed by public health, safety or compelling public interest;
2.The development is consistent with the objectivesand policies and the Special
Management Area guidelines as provided by Chapter 205A, HRS;
3. The development is consistent with the General Plan, Community Plan, Zoning Code
and other applicable ordinances;
4. The development will, to the extent feasible, reasonably protect native Hawaiian
rights if they are found to exist, including specific factual findings regarding:
a. The identity and scope of valued cultural historical or natural resources in the
petition area, including the extent to which traditional and customary native
Hawaiian rights are exercised in the petition area;
b. The extent to which those resources including traditional and customary
native Hawaiian rights, will be affected or impaired by the proposed action;
and
c. The feasible action, if any, to be taken by the Authority to reasonably protect
any valued cultural, historical or natural resources including any existing
traditional and customary native Hawaii rights.
In review of the SMA guidelines as listed under HRS 205A-26(2)(A), the
proposed development will not have any substantial adverse environmental or
ecological effect, except as such adverse effect is minimized to the extent practicable
and clearly outweighed by public health, safety, or compelling public interest. In
considering the significance of potential environmental effects, the Director shall
consider the sum of those effects that adversely affect the quality of the environment and
shall evaluate the overall and cumulative effects of the action on the Special Management
Area. Such adverse effects shall include, but not be limited to, the potential cumulative
impact of individual developments, each one of which taken in itself might not have a
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substantial adverse effect and eliminate planning options.
The proposed project did not meet the criteria in State law for the requirement of
an environmental assessment or environmental impact statement. While thesubject
parcel is located within the Special Management Area, no work is proposed within the
shoreline setback area. Additionally, no work is proposed within the any State or County
Right-of-Way (ROW) and as such no HRS 205A trigger was identified.
The proposed project will be developed in accordance with construction Best
Management Practices to minimize adverse impacts to air pollution, sedimentation, and
erosion, control stormwater runoff, and wastewater management. The proposed
development will integrate with the County sewer system and will control potential
stormwater runoff through the construction of two (2) drywells. No anchialine ponds
exist on site and none in the nearby area will be impacted by the project.
In review of the SMA guidelines as listed under HRS 205A, the proposed
development is consistent with the objectives and policies as provided by Chapter
205A, HRS, and Special Management Area guidelines contained in Rule No. 9 of the
Planning Commission Rules of Practice and Procedure.
The purpose of Chapter 205A, Hawai
protect, and where possible, to restore the natural resources of the coastal zone areas.
Therefore, special controls on development within an area along the shoreline are
necessary to avoid permanent loss of valuable resources and the foreclosure of
management options. The objectives and policies of Chapter 205A, HRS include, but are
not limited to, the protection of coastal recreational resources, historic resources, scenic
and open space resources, coastal ecosystems, marine resources, beaches, and controlling
development in coastal hazard areas.
Coastal Recreational Resources: The subject property is not a shoreline parcel. It
is located roughly 0.2 miles inland from the nearest coastline to the north and west.
Several ocean access points are available to the public in the area. The closest of which
are Onekahakaha Beach Park, located 0.2 miles to the north, and Keaukaha Beach Park
located 0.3 miles to the west. In addition, Kaloha, Carlsmith, Leleiwi, and Richardson’s
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Beach Parks are all located between 0.5 and 2 miles to the east of the site. The proposed
project will not impact any of these shoreline access points.
Historic and Cultural Resources: Although no commissioned archaeological
survey of the site was conducted it is highly unlikely that any historic sites would be
found on the property since it was previously cleared and graded and is currently
maintained grass. However, in the event any archaeological or historical features are
found during any earth disturbance activity, work will stop within the affected area and
appropriate clearances from the State Historic Preservation Division (SHPD) and County
Planning Department will be secured before work resumes.
Scenic and Open Space Resources: The proposed project will not have a
significant impact on the area’s coastal scenic and open space resources. Ocean views are
obstructed by existing vegetation on the makai side of Apapane Road. Nevertheless, the
building design incorporates an open view through the ground parking area, which will
maintain some line of sight toward the ocean. Onekahakaha Beach Park is a listed scenic
and open space resource in the Hawai’i County General Plan. Vehicular access to the
park is located 350 feet to the north and the shoreline roughly 0.2 miles to the north from
the subject property. Access to this area will not be impacted.
Coastal Ecosystems, Marine Resources, Beaches: The proposed project will be
developed in accordance with construction Best Management Practices to minimize
adverse impacts to air pollution, sedimentation, and erosion, control stormwater runoff,
and wastewater management. The proposed development will integrate with the County
sewer system and will control potential stormwater runoff through the construction of
two drywells. Relative to coastal ecosystems, there should be little, if any, adverse
impacts due to the project distance from the shoreline, and nearby Beach Park. By
utilizing a previously disturbed site, potential adverse impacts to natural landscapes and
ecosystems on alternative locations are avoided.
Coastal Hazards: The subject property lies roughly five (5) feet above sea level.
The site lies within the Tsunami Evacuation Zone. A civil defense siren is located 0.3
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emergency preparedness and response plan can be prepared for the proposed
development if required. There are no known hazards on site relating to stream flooding,
erosion, subsidence, or pollution.
The proposed development is consistent with the County General Plan, Hilo
Community Development Plan (HCDP), Zoning Code and other applicable
ordinances. The General Plan Land Use Pattern Allocation Guide (LUPAG)for the
County of Hawaii is a policy document expressing the broad goals and policies for the
long-range development of the Island of Hawai’i. The plan was adopted by ordinance in
1989 and revised in 2005. The proposed development is consistent with the General Plan
LUPAG Map designation of Resort(res) which includes Resort developments that are
intended to satisfy the needs and desires of both visitors and residents. Such areas have
basic amenities and attributes that support visitor accommodations and related
facilities. The proposed apartment building will meet a critical need for affordable
workforce housing in Hilo. The site is located proximate to similar existing uses and
essential services; therefore, the project will also add increased economic potential to
surrounding businesses. The request will have a positive impact on long-term economic
opportunities including landscaping, building maintenance, and property management
services for the rental units. Furthermore, this development will meet the economic needs
of the community and improve quality of life, while keeping in balance with the physical,
social, and cultural environments of the island.
The project site is located within an area adequately served with essential services
such as water, electricity, and telephone. A connection to county sewer will provide
wastewater service.
The Federal Emergency Management Agency (FEMA) Flood Insurance Rate map
(FIRM) identifies the parcel as Flood Zone VE, which is within the 100-year coastal
flood range, or 1% chance of occurring in any given year, with velocity hazard (wave
action). The proposed development will meet the standards of this flood zone, which
require the first floors to be elevated above the base flood elevation of 11 feet. Flood
proofing will be used for any structures or uses below this elevation.
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The proposed project also fulfills the housing goals by providing seventeen (17)
rental affordable and workforce units for the residents of the County in proximity to
employment centers. The proposed apartment would notably contribute to the growth
needs of the area. Specifically, the project would meet the criteria to increase rental
opportunities and choices in terms of quality, cost, amenity, style, and size of housing,
especially for low- and moderate-income households. The affordable unit breakdown and
rental prices were calculated using Hawai‘i County Area Median Income (AMI) for
2023. Under these guidelines, the applicant proposes three (3) 2-bedroom units at
$2,250/month (under 100% AMI), six (6) 2-bedroom units at $2,500/month (under 120%
AMI), seven (7) 2-bedroom units at $3,000/month (under 140% AMI), and one (1) 3-
bedroom unit at $3,500/month (under 140% AMI). These rates include allowances for
utilities per HUD-52667.
Given the above, the project specifically fulfills the following pertinent land use
goals, policies, and standards of the General Plan:
Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
Promote and encourage the rehabilitation and use of urban areas that are
serviced by basic community facilities and utilities.
Encourage the development and maintenance of communities meeting the needs
of its residents in balance with the physical and social environment.
Encourage urban development within existing zoned areas already served by
basic infrastructure, or close to such areas, instead of scattered development.
Since the adoption of the HCDP, there have been significant land developments in
the City of Hilo, including the shopping complexes in and around the
Puainako/Kanoelehua Intersection, expanded commercial uses near the University
co
Houselots area. Although the document was reviewed by the County Council, the HCDP
was never adopted by ordinance. When the HCDP was drafted, its Land Use Pattern
Allocation Guide (LUPAG) Map identified the subject area as Resort. This is consistent
with the 2005 County General Plan LUPAG designation. The proposed project is
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therefore consistent with both the General Plan and the Hilo Community Development
Plan LUPAG map and policies.
The development will to the extent feasible, reasonably protect native
Hawaiian rights if they are found to exist. In view of the Hawai‘i State Supreme
Court’s “PASH” and “Ka Pa’akai O Ka’Aina” decisions, the issue relative to native
Hawaiian rights, such as gathering and fishing rights, must be addressed in terms of the
cultural, historical, and natural resources and the associated traditional and customary
practices of the site.
Investigation of valued resources: No formal site study was conducted in relation
to valued cultural resources on the subject parcel. However, the staff notes that this
property has undergone ground disturbance (grading) and clearingof the parcel in the
past such that no features are expected to be found. Additionally, the entire parcel is
cleared on major vegetation other than maintained grass.
The valuable cultural, historical, and natural resources found in the area:
The primary resource in the immediate area is the Onekahakaha Beach Park
which is located approximately 0.2 miles from the project site. The subject parcel is
approximately 0.2 miles inland from the coastline located to the north and west. A small
ocean inlet is present on State land north of the subject property and terminates roughly
200 feet north of the site. As such, the gathering of marine life and coastal access is not
anticipated to be affected by the proposed project, nor is access to the Beach Park via
Onekahakaha Street.
Possible adverse effects or impairment of valued resources: 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 applicant has not observed any Native
Hawaiians gathering plants on the site or the adjoining properties, and the site is
primarily cleared of major vegetation other than maintained grass. Cultural resources in
this area relate to the coastal uses, which this project will not impact.
Feasible actions to protect native Hawaiian rights: The proposed development will
not restrict access to, and the use of natural resources at the Park and to ensure
preservation, a condition of approval has also been added to protect any unidentified
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cultural, historical, and natural resources in the event any are encountered during
construction. To the extent that traditional and customary native Hawaiian rights are
exercised, the proposed action will not affect traditional Hawaiian rights.
Lastly, this approval is made with the understanding that the applicant remains
responsible for complying with all other applicable government requirements in
connection with the approved use, prior to its commencement or establishment upon the
subject property. Additional governmental requirements may include the issuance of
building permits, the installation of approved wastewater disposal systems, compliance
with Fire Code, installation of improvements required by the American with Disabilities
Act (ADA), among many others. Compliance with all applicable governmental
requirements is a condition of this approval; failure to comply with such requirements
will be considered a violation that may result in enforcement action by the Planning
Department and/or the affected agencies.
Based on the above findings, the proposed development will not have substantial adverse
impacts on the environment, nor will its approval be contrary to the objectives and policies of
Chapter 205A, HRS, relating to Coastal Zone Management and Rule No. 9 of the Planning
Commission relating to the Special Management Area.
Approval of this request is subject to the following conditions:
1. The applicant(s), its successor(s) or assign(s) (Applicant) shall be responsible for
complying with all of the stated conditions of approval.
2. The Applicant shall secure all necessary approvals and permits from other affected
Federal, State, and County agencies as necessary to comply with all applicable laws and
regulations.
3. Prior to the issuance of a water commitment by the Department of Water Supply (DWS),
the applicant(s) shall submit the anticipated maximum daily water usage calculations as
prepared by a professional engineer licensed in the State of Hawai‘i to the DWS.
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4. Construction and operation of the apartment building shall be conducted in a manner that
is substantially representative of plans and details as contained within the Special
Management Area Use Permit application dated May 24, 2024, and representations made
to the Windward Planning Commission.
5. Construction of the proposed development shall be completed within five (5) years from
the effective date of this permit. Prior to construction, the applicant shall secure Final
Plan Approval for the proposed development from the Planning Director in accordance
with Section 25-2-70, Chapter 25 (Zoning Code), Hawai‘i County Code.Plans shall
identify all existing and/or proposed structure(s), paved driveway access and parking
stalls associated with the proposed development. Landscaping shall be indicated on the
plans for the purpose of mitigating any adverse noise or visual impacts to adjacent
properties in accordance with the requirements of Planning Department’s Rule No. 17
(Landscaping Requirements) and Chapter 25 (Zoning Code), Hawai‘i County Code.
6. Any recommended drainage improvements, if required, shall be constructed meeting with
the approval of the Department of Public Works prior to receipt of a Certificate of
Occupancy.
7. Sewer lines shall be installed within the development to connect with the County's sewer
system, meeting with the approval of the Department of Environmental Management, and
prior to the issuance of a Certificate of Occupancy.
8. All driveway connections to shall conform to
Chapter 22, County Streets, of the Hawai‘i County Code.
9. The applicant shall comply with Chapter 27 - Flood Control, of the Hawai‘i County
Code.
10. All earthwork and grading shall conform to Chapter 10, Erosion and Sedimentation
Control of the Hawai‘i County Code.
11. The applicant shall not, at any time, impede or otherwise restrict public access to the
shoreline at Onekahakaha Beach Park or other shoreline areas in the vicinity of the
subject parcel.
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12. All development generated runoff shall be disposed of on site and shall not be directed
toward any adjacent properties. A drainage study shall be prepared by a professional
lic
Works prior to issuance of Final Plan Approval. Any recommended drainage
improvements, if required, shall be constructed meeting with the approval of the
Department of Public Works prior to receipt of a Certificate of Occupancy for any
portion of the development.
13.All exterior lighting and lamp posts associated with the proposed residential development
shall be cut-off luminaries to provide the necessary shielding to mitigate potential light
pollution in the coastal areas and lessen possible seabird strikes. No artificial light, except
-30.5(b) and 205A-71(b), shall be
directed to travel across the property boundaries toward the shoreline and ocean. During
construction, measures shall be taken to minimize the potential of both fugitive dust and
runoff sedimentation. Such measures shall be in compliance with construction industry
standards and practices utilized during construction projects of the State of Hawai‘i.
14. In the event that surface or subsurface historic resources, including human skeletal
remains, structural remains (e.g. rock walls, terraces, platforms, etc.), cultural deposits,
marine shell concentrations, sand deposits, or sink holes are identified during the
demolition and/or construction work, cease work in the immediate vicinity of the find,
protect the find from additional disturbance and contact the State Historic Preservation
Division at (808) 933-7651. Subsequent work shall proceed upon an archaeological
clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been
taken.
15. An initial extension of time for the performance of conditions within this permit may be
granted by the Planning Director upon the following circumstances:
A. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns, and
that are not the result of their fault or negligence.
B. Granting of the time extension would not be contrary to the General Plan or
Zoning Code.
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C. The granting of the time extension would not be contrary to the original
reasons for the granting of this permit.
D. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed within
one year may be extended for up to one additional year).
E.If the applicant should require an additional extension of time, the Planning
Department shall submit the applicant's request to the Planning Commission
for appropriate action.
16. Should any of the foregoing conditions not be met or substantially complied with in a
timely fashion, the Planning Director may initiate procedures to revoke the permit.
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