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HomeMy WebLinkAboutCOM 0307.004 2000-2002 J~SY OF N~~L 40 ~ 9~i Harry Kim i'" Lincoln S.T'. Ashida Muvnr Curporution Cnunsef qtf ®p_ ~ Assrstunt Corpnrutlon Coun.re! .~t~~t~t OFFICE OF TFIE COItPOItATION COUNSEL 101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720-4262 • (808) 961-8251 • FAX (808) 961-8622 TO: Leningrad Elarionoff, Councilmember ~ROA®: Patricia K. O'Toole, Deputy Corporation Counsel ~j D,~T~: August 21, 2001 SUDJRCT: Special Management Area Use Permit Hawaiian Permaculture and Wellness Retreat This is in response to your memo dated August 16, 2001 in which you ask about action taken by the Planning Commission at its meeting of August 2, 2001 on the application for the establishment of a Hawaiian Permaculture and Wellness Retreat. Your specific questions concern a condition imposed by the Planning Commission on access to the property from Akoni Pule Highway. It should be noted that two permits were considered by the commission at the August 16, 2001 meeting. One was a special management area use permit and the other was a special permit. The condition on access you ask about is contained in the special permit. Condition 6 of the special permit provides as follows: Access for the project from the Akoni Pule Highway shall be other than Union Mill Road. Access shall be via an access easement through either the Kamehameha Park or near Union Market. Said drive access shall be improved, meeting with the approval of the State Department of Transportation. The applicants shall improve those portions of Pratt Road and the former cane haul road that provide access to the project site from the Akoni Pule Highway with a minimum 20-foot wide compacted gravel surface, prior to the establishment of the proposed retreat. (See letter dated August 14, 2001 from planning commission chair Geraldine Giffin to Sidney Fuke.) Regarding the proposed access through Kamehameha Park, you ask for an interpretation of the rights of the grantor and the rights of the County. You also ask when a resolution requesting the authorization to negotiate an easement agreement with the new applicant will Comm. No. • File I~1o. Ref. 1o;~r~' Ref. Date au~ ~ ~ " Memorandum to Leningrad Elarionoff, Councilmember Page -2- August 21, 2001 come before the Council for consideration. Our response is that the County already owns the Kamehameha Park property, subject to the easement. Therefore, the applicants, as successors to the easement, will not have to negotiate for the easement. By document recorded in the Bureau of Conveyances on July 10, 1978, the Kohala Corporation granted to the County of Hawaii 10.25 acres of land in North Kohala described by metes and bounds. The grant is described as a "charitable contribution for exclusively public purposes." An exception to the grant was a reservation to the grantor and its successors and assigns, of an easement for roadway, electrical and other utility purposes. The road easement is described by metes and bounds as well. Therefore, by the terms of this document, the County owns the property as described, for use for public purposes. However, the grantor reserved an easement for itself and its successors and assigns. Thus the property is owned by the County, subject to that easement reserved by the grantor. In asking about council authorization to negotiate an easement, I assume you are referring to the procedures set forth in Chapter 2, Article 19, of the Hawaii County Code regarding disposition of real property. These procedures would not apply in this case since the County owns the property subject to the described easement. Since the easement already exists, there is no need for the council to authorize any negotiation to allow an easement. The applicants for the wellness retreat are or will be successors or assigns of the original grantor and therefore are allowed to use the roadway easement. If you have any further questions, please let me know. PKO:de s:\dept\councillmemo elarionoff kam park use permit\8-Ol \PKOde.wpd AiJG-21-2001 TUE 1154 AM P, O1 sr C Harry Kim ~tt`~ Mtryor i 'i . ~~06 ~~ur~t~ +~f ~.ai3 PLANNIl`TG CONIMTSS1ioN 25 Auptmi SPSeee, Room 109 • Hilo, Hawaii 9b720-4252 (808) 961-8288 • Fax (Bnx~ pG1-8742 c CERTIFIED MAIL 7000 0600 0024 2903 7189 r iM n - Mr. Sidney lyu.ke 100 Pauahi Street, Suite 2I2 Hilo, HT 96720 Dear ~'uke: Special Manag~nent Area Use Permit Application (SMA 00-003) Special Permit Application (SPP 01-OOb) Applicant: Robert Watkins and Jean Sunderland Request: Establishment of a 16-Room Hawaiian Permaculture and Wellaicss Retreat Tax Man Key: 5-4-9:Portion of _ _ , The Planning Commission at its duly held public lacaring on August 2, 2001, voted to approve the above-referenced applications. Spccial Management Area (SMA) Use Permit No. 417 and Special Permit No. 11 i 7 are hereby issued to establish a 16-room Ha'UVaiian Perrraacultttre and Wellness Retreat on approximately Sf acres of land. situated in the State Land Use Agricultural District. The property is Located approximatcIy one mile makai frarn Akoni Pule Highway and Kamehameha Park, Hanaula and Honopueo, North T~ohala, Hawaii. Approval of this requests are based on the following: - Special lYlanageitnent .A,rca Use Pertlnlit (SMr~ OD-003) The propose of Chapter 205-A, Hawaii .Revised Statutes and Rule 9, Special Managenierlt Area Rules and Regulations of the County of Hawaii, is to preserve, 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 accessary to avoid permanent loss of'valuable resources and the foreclosure of management options, and to insure that adequate public access is provided to public-owned or used beaches, recreation areas, and natural reserves by dedication or other means. 1 r~ a v.. AUC 1 2QCtt AUG-~1-2001 TUE 1];54 AM p, 02 Mr. Sidney Fake Rase 2 The proposed giawaiian Permaculture and Wellness Retreat (hereinafter referred to as "retreat") will not have any signif cant adverse environmental or ecological effect. The project site, consisting of approximately 5 acres, is situated on lands formally cultivated in sugar cane, with the exception of that portion within Hat~aula Gulch. With the exception of the gulch, sugar cane production essentially eliminated any habitats that could have supporeed endangered species of plants or animals. The applicants have conducted a botanical survey that is consistent with previous findings from an earlier survey that concluded that indigenous and endemic plants are not situated within the project site, but are located within Conservation lands situated immediately ngakai of the projcct site. The applicants have also referenced a faunal survey conducted for a similar project located approximately 1.5 miles to the east that concluded that the project site does not provide habitat for any endangered species of animals. According to the applicants, proposed structures and its related improvements wilt only occupy about 1 acre of land. within the 5-acre pmject site. Another 3 acres will be cultivated for vegetables, fruits and herbs. ~ The Iirnited nature of proposed improvements and activities are not anticipated to impart any significant adverse impacts to the physical environment within the immediate area. Wastewater generated by the proposed retreat will be disposed of within an aerobic septic system that will comply with applicable l~epaitment of lr-lealth requirements. lauring construction, the applicants will abide by current construction practices to minimize arty dust and runoff that maybe generated. The proposed project is consistent with the objectives, policies and guidelines of the Special Management Area. Those objectives and policies were established to provide guidance for the preservation, protection and development of coastal resources ofthe State and County. They identify several areas of management concerns including historic, recreational, scen.ie resources, coastal ecosystems, economic use and coastal hazards. The proposed retreat will not interfere with any recreational resources, natural shoreline processes or impact view planes to the coastal area. Coastal recreational resources will not be adversely impacted by the proposed retreat due to the location of the project site approximately 200 feet inland from the shoreline. Coastal recreational opportunities within this area are limited since cliffs dominate the shoreline. Visual impacts frotra the Akoni Pulc highway are expected to be minimal due to vegetation that exists rrxakai of the highway that does not afford a viewplane to the coastline. The projcct site is situated close to a mile makai of the Akoni Pule Highway. This distance, combined with proposed strictures that will not exceed 30 feet in height, will minirniae adverse visual impact to adjoining properties and from the Akoni Pule hTighway. Compliance with existing governmental regulations to control runoff, drainage and erosion, especially during the project's construction phase, would mitigate any adverse impact to the area's environment or the ecology of the area's coastal waters. AUG-~1-2001 TUE 11;54 AM P. 03 Mr. Sidney Puke Page 3 Wastewater generated by the proposed retreat wilt be disposed of within an aerobic septic system designed and constructed in accordance with the requirements of the State Department of Health. The distance of the project site from the shoreline, about 240 feet, should provide a reasonable physical buffer between the project site and the shoreline environment to further minimize any adverse interaction that may be generated by flee proposed retreat. The project site is situated outside of the 100-year flood plain (Zone X) and welt outside of the coastal portions of the subject property that are subject to coastal flooding hazards, such as coastal storm waves. The construction of all structures and facilities within the project site will be required to comply with applicable requirements of the Building Code as well as with the County's Flood Control Codc. In order to ensure the proper disposal of solid waste generated by the proposed retreat and to encourage its recycling, this approval recommendation will require the applicants to develop a soled waste management plan meeting with the approval of the Planning Director. The applicants have noted within its applications that the proposed retreat "relies consasi!ercably on the concept of recycli~tg." An archaeological assessment of the project site was done by Haun and Associates on February 16, 2001. The assessment concluded that no historic or prehistoric artifacts or structures were observed within the proposed building sites. The applicants noted the following within their applications: "To address potential cultural and archaeological matters, it is noted that these was no identifiahIe rnauka/makai coastal access found on the site. ~rthcr, there appeared to be evidence of the site serving as a gathering of native plants. Notwithstanding that, the applicants are prepared, through its prograan of instituting Native kiawaiiaat plants, to collaborate with native Hawaiians with valid claims to this are in opening up access." While the archaeological assessment concludes that the proposed retreat will not adversely impact archaeological and historic features, the applicants did discIosc that there does appear to be evidence of gathering of native plants from within the project site. The applicants submitted a supplementary letter dated May 28, 2001 concerning traditional Hawaiian uses of the area. They indicate that there is no gathering of plants but that they have seen an individual going to the shoreline to pick `opihi. Although the coast fronting most of the subject property consists of a high sea cliff, it is possible to walk to the shoreline through Hanaula Grulch. This gulch is one of a handful of places where people can actually reach the shoreline on the North Kohala coast between the communities of 1"iawi and Niuiii, a distance of about six miles. It AUG-21-2001 TUE 11 55 AM P, 04 Mx. Sidney Nuke Page 4 potentially provides access to shoreline natural resources for traditional Hawaiian gathering and fishing. There is also a "~,incoln Family Grave Lot" lacatcd within the subject property. This is, apparently, the location of family graves ofthe Lincoln Family. The access to the proposed site is presently blocked at some distance away. The applicants have committed to collaborate with native Hawaiians with "valid claims to this area" in providing access. At this time, it is not clear exactly what evidence exists that leads the applicants to arrive at these findings nor is it clear what resource within the project site are being gathered. Nevertheless, the applicants have demonstrated its commitment to preserve taative Hawaiian gathering rights within the project site should they be substantiated. A condition of this approval recommendation will provide a mechanism by which the preservation of traditional and customary native Hawaiian practices within the project site are identified and protected. On the matter of coastal access, there are no kraowax maulca-makai public shoreline access that will be adversely affected by the establishment ofthe proposed retreat. However, Chalon International of Hawaii, Tne., the current awaaer of the project site and surrounding lands, did propose the construction ofthe Kohala Coastal 'Trail era Iands situated immediately makai ofthe project site within the State Land Use Conservation District. While this coastal trail was never cotxapletcd or established, the Planning Department does recognize the importaaace and desire of preserving its alignment along the North Kahala coastlinc_ Therefore, it is recommended that a condition of approval ~be included to require the applicants to work with the Planning .Department to identify and establish a lateral shoreline public access on lands situated iaxaxraediately makai ofthe project site. . The establishment ofthe proposed retreat within the Special Management Area is consistent with the Greneral Plan and honing Code. The property is zoned A-20a by the Zoning Code, and the General Plan`s Land Use Pattern Allocation Guide (Lt7PAC}) Map designates the area as Intensive Agriculture. The proposed retreat would complement the following goals and policies of the General Plan: Lattd Use • Designate and allocate land uses in appropriate proportions and in keeping with the social, cultural and physical environments ofthe County. • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. AUG-21-2001 TUE 11 55 AM P. 05 Mr. Sidney Fake Page 5 Economic • Provide residents with opportunities to improve their quality of life. • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. • The County of 1^Tawaii shall strive for an economic climate which provides its residents an opportunity foi choice ofoccupation. Natural .Beauty • Protect scenic vistas and view platscs .from becoming obstructed. . The proposed retreat, will integrate proposed agricultural activities within the project site and within its operations and programs. More specifically, the applicants will establish fruit, vegetable and herbal gardens within the project site. The overall concept of the proposed retreat is to enable guests to Learn and experience the cultivation of agricultural practices and the benefits of traditional Hawaiian food and n'iedicinal herbs, as well as spiritual wellness through a series of "hands-on"programs. The agricultural products grown on-site will be served to guests while the Fawaiian medicinal herbs would be used as part of the retreat's educational and wellness programs. Staff employed by the retreat will assist guests in the cultivation and maintenance of the gardens. Through its proposed programs, the applicants have demonstrated its conarnitment to conduct agricultural activities in a manner consistent with the objectives of the General Plan by blending together two distinct uses that will mutually benefit each other, yet preserve the agricultural character of the project site and the siugounding coinraatanity. The North Kohala CoYnrnunity pevelaprnent Plan, adopted in 1984 by Planning Commission Resolution No. 2-84, ".~'ncourage the development of conference and retreat facilities which capitalize on North Kohala's a~raeultural and historical resources. As previously mentioned, the proposed project will incorporate various agricultural activities within the project site and in its operations. This "blending" of a retreat facility and agricultural activities is consistent with this speeifi~c recommendation of the North Kohala Community Development Plan. The vision for retreat facilities that capitalize on North Kohala's agricultural resources has been in place for at Icast 15 years and is slowly being realized as North YCo.hala further establishes itself as a "wellness community." The proposed retreat will not, by itself, contribute significantly to the economy of North Kohala. The applicants intend to hire 3 to 4 people to assist them in the operation AUG-°21-2001 TUE 1156 AM P. 06 Mr. Sidney Fake Page 6 and maintenance of the proposed retreat. Tnstcad, approval of the proposed retreat will be reflected as a commitment by the County to seek new directions in the type of industries, economic opportunities, and use of its resources. The County has recognized that extensive, plantation-style agriculture is slowly becoming less of an economic factor on this island. Smaller acreages of laud are being cultivated by smaller entities. Many large landowners may no longer have the resources necessary to conduct intensive agricultural activities over vast expanses of land. The County must consider various non-agricultural options that could have a secondary, beneficial effect upon a landowner's ability to cultivate their land. The project site provides an excellent case-in-point. The project site and its surrounding lands are owned by a large landowner that has allowed the project site and its surrounding area to lie in fallow; which does not assist in the County's effort to maximize the use of its important agricultural lands. The applicants, on the other hand, will establish vegetable, faun and herb gardens within the project site that will be incorporated into the healing and wellness experiences being offered by the proposed retreat. In the final analysis, approval of tlieproposed retreat will promote tho use of important agricultural lands within the project site rather than preserving the current fallow condition of these vital lands. Based on the above, the proposed retreat will not have any substantial adverse ianpacts to the project site or its surrounding area; and therefore wilt not be contrary to the purpose and intent of Chapter 205-A, HItS, relating to Coastal Zone Management,l2ule 9 of ehe planning Commission relating to the Special Management Area, the General Plan and Zoning Code of the County of kiawaii. Approval of this request is subject to the following conditions. Further, should any of the conditions not be met or substantially complied with in a timcIy fashion, the Duector may initiate procedures to revoke the permit. 1. The applicants, successors or assigns shall be responsible for complying with all of the stated conditions of approval. 2. The construction of the retreat and the operation of all of its related facilities and activities shall be conducted in a manner that is substantially representative of plans and details as contained with the Applications for Special Management Argg Use Permit and Special Use Permi_„~,,t. Proposed".H~awa.iian Pertnaculture and Wellness 17etreat dated March 2001. 3. The proposed retreat shall be established within flue (5) years from the effective date of this permit. Prior to establishing this use, the applicants shall secure Fizaal Platt Approva) from the Planning Director in accordance with the Zoning Code, Sections 25-2.71(f}, 25-2-72, 25-2-76 and 25-2-77, flans shall identify all proposed stnzctures, parking area(s), access driveway(s) and landscaping AUG-21-2001 TUE 1156 Ahi P. 07 Mr. Sidney Fuke ~ ' Page 7 4. associated with the proposed use. The applicants shall notify the Planning Department, in writing, of the completion of required improvements prior to commencing opcration~of the proposed retreat. 5. The applicants shall develop a public access plan for the subject property that provides, at a minimum, a continuous traversable lateral public access along the coastal portion of the subject property, and access through Flanattla Gulch to the shoreline. "Subject property" means the approximately ~0-acre area proposed to be subdivided from the larger 689-acre parcel. The applicants shall also allow vehicular access across the subject property and parl4a~g for a minimum of two vehicles for members of the public to use the shoreline access. This public access plan shall be submitted to the Planning Director for approval not more than one year aRer the granting of this permit. 6. Tn conjunction with the public access plan, the applicants shall submit an updated certified Conservation District Boundary l:nterpretation Map, showing the location of the proposed buildings and access path through Hanaula Gulch in relation to the Conservation District Boundary. 7. The applicants shall submit photographs of the site from cliff-top locations east and west of the subject property. After review of the photographs, the Planning Director may require that the main buildings be located up to 100 feet Ynauka of the Pali and the hales up to 50 feet from the p~li, in order to preserve the vista of• opEn undeveloped coastline that presently exists in the general area. 'The existing Bove of ironwood trees near the proposed main building shall be retained as a landscaping buffer. 8. The applicants shall permit native Hawaiians to exercise any gathering rights within the subject property and to cross the subject property to reach the shoreline through Hanaula Gulch. The applicants shall also peritait Lincoln family members to visit the family graves. 9. A. Solid Waste Managerrient Plan shall be submitted for review and approval by the I]epartment of Public Works prior to the issuance of a certificate of occupancy for any portion of'thc proposed retreat. 10. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources-State Historic Preservation Division (17LNR-SkiPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigative measures AUG-~21-2001 TUE 11 ~ 56 AM P, 08 Mr. Sidney Puke Page 8 have been taken. 11, Comply with all applicable laws, rules, regulations and requirements of the affected agencies including those of the bcpartment of Public Works, Department of Health, and the Fire Department, including a water tank with adequate capacity for fire-fighting purposes. 12. A Fnal status report shall be submitted in writing to the Planning Director upon compliance with all conditions of approval. 13. An initial extension of time for the performance of conditions within the permit may be granted by tlic Planning Director upon the following circumstances: A. The Horn-performance is the result of conditions that could not have been foreseen or are beyond thc~con.trol of the applicants, successors or assigns, and that are not the result of their fault or negligence. B. Granting of the time extension would root be contrary to the General Plan or Zoning Code. . C. Granting of the time extension would not be contrary to the original reasons for granting of the 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 maybe extended for up to one additioriatl year). Special Use Permit (SPP pX•00~ In considering a Special Permit for any proposed use, Mule 6 of the Planning Commission relating to Special Permits require that such action conform to dhe following guidelines: a. Such use shall not be contrary to the objectives sought to be accomplished by the Land Use i.,aw and i2egulations; b. The desired use shall not adversely affect surrounding properties; c. Such use shall not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police anal fire protection; AUG=21-2001 TUE 1157 Ali P. 09 Mr. Sidney Fuke ' Page 9 d. Unusual conditions, trends, and needs have arisen since the district boundaries and regulations were established; e. The land upon which the proposed use is sought is unsuited for the uses permitted within the district; f. The proposed use will not substantially alter or change the essential character of the land and the present use; and g. The request will not be contrary to the General Plan and official Community Development Plan and other documents such as Design Plans. In addition to the guidelines detailed above, the Planning Commission must also find that the proposed use: . a. 1s an unusual and reasonable use of land situated within the Agricultural ar Rural District, whichever the case maybe; and b. 'Would promote the effectiveness and objectives of Chapter 205, ]Kawaii Revised Statutes, as aanended. While a proposed use must meet ail of these criteria for approval by the Planning Commission, a denial may be made upon a finding of conflict with any of those criteria. It is felt that the granting of this particular request at this particular location would be consistent with the objectives sought to be accomplished by the Land Use Law and Regulations, the County General Plan and Community Development Plans. The granting of this request will promote the effectiveness and objectives of Chapter 205,1iawaii Revised Statutes, as amended. The State Land L7se Law and Regulations are intended to preserve, protect and encourage the development of lands in the State for those uses to ' which they are best suited in the interest of the public health and welfare of the people of the State of hTawaii. Tn the case of the Agricultural District, the intent is to preserve or keep Iands of high agricultural potential in agricultural use. Tn recognizing that lands within th.e Agricultural l~istilcts may not be best suited for agricultural activities and yet classified as such; and in recognition that certain 4ypcs of uses may riot be strictly agricultural in nature, yet reasonable in such districts, the legislature has provided for the Special Permit process to allow certain unusual and reasonable uses within the Agricultural District. Goals specified within the Greneral Plan states that the County shall "Designate and allocate land uses in appropriate proportions and mtx and to keeping tivith the social, cultural, and physical environments"and "1'dentify, protect and maintain important agriculture lands on the island of Fluwaii. " Based on the site plan provided within the applicants' submittal and the Flanning Department's assessment o.f soil AUG-•21-2001 TUE 11 ~ 57 AM P, 10 Mr. Sidney Fuke ' Page 10 classification data, tlxe majority of the project site is situated on Lands that maintain an overall master productivity rating of "C" ar "Fair" according to the Land Study Bureau's Detailed Land Classification-Island of Hawaii (1965). The Agricultural Lands of Importance to the State of Hawaii (ALISH) Maps also identify the majority of lands within the project site as "Prime" agricultural Lands with the remaining balance of the project site within the Hanaula Gulch, Unclassified. The location of "Prime" agricultural lands correlates with the location of Class "C" Lands. The proposed Hawaiian permaculture and wellness retreat (hereinafter referred to as `5retreat'~, i.f appmved, will integrate proposed agricultural activities within the project site and within its operations and programs. More specifically, the applicants will establish fruit, vegetable and herbal gardens within the project site. The averali concept of the proposed retreat is to enable guests to learn attd experience the cultivation of agricultural practices and the benefits of traditional Hawaiian food and medicinal herbs, as well as spiritual wellness through a series of "hands-on" programs. The agricultural products grown oa-site will be served to guests while the kawaiian mediciraai herbs would be used as part of the retreat's educational and wellness programs. Staff employed by the retreat will assist guest in the cultivation and maintanancc of the gardens. Through its proposed programs, the applicants have demonstrated its commitment to conduct agricultural activities in a manner consistent with the objectives of the State Land Use Law and General Plan by blending together two distinct uses that will mutually benefit each other. The project site is currently vacant of any~agricultural uses, although it has been historically used for sugar cane cultivation. While approval of this Special Permit will introduce non-agricultural uses into the area, the integration of agricultural activities as part of its operations aid programs will, in the,end, place these important agricultural lands into active agricultural use versus its current fallow condition. The landowners, Chalon International of Hawaii, Inc., has a pending subdivision application that would create a 40-acre parcel where this proposed development would be located. Most of this 40-acre parcel is actually within ~Tanaula Gulch and is not suitabIc for agriculture. . To ensure that the Level of agricultural activity occurring within the project site is . consistent with the objectives to be accomplished by the State Land Use Law and the General Plan, the applicants will be required to prepare an agricultural plan that incorporates, at a minimum, the cultivation of at least one-half of the less steep lands on the project site as represented'by the applicants. The North l~ohala Community Development Plan, adopted in 1984 by Planning Cotnrnission Resolution No. 2-84, "Encvtirage the development of conference crud retreat facilities which capitalize on North Koharla's agrieulttcral end historical resources. " As previously mentioned, the proposed project will iatcorparate various agricultural activities within the project site and in its operations. This "blending" of a retreat facility and agricu.itural activities is consistent with this specilyc recommendation of the North ICohala AUG-21-2001 TUE 11;58 AM P, 11 lMr. Sidney Puke Page 11 Community Development plan. Finally, approval of the subject request will be consistent with the following goa;s and policies of the I.,artd Use and Economic Elements of the General Plan: Land Usc Element • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County, • Protect and encourage the intensive utilization of the County's important agricultural lands. Economic Element • The County shall assist the expansion of the agricultural industry, especially diversified agriculture, through the protection of importaaat agricultural lands, capital improvements and other programs, and continued cooperation with appropriate State and Pedera2 agencies. • The County shall strive for diversity and stability in its economic system. • 'The County of Hawaii shall strive for diversification ofits economy by streugiherung existing industries and attracting new endeavors. The desired use will not adversely affect the surrounding properties. The project site, consisting of S acres, is situated within. a larger parcel eonsistiaag of approximately G89 acres. Structures that will house the various activities associated with the proposed retreat will be situated about three-quarters of a mile front the nearest residence. We feel that this distance is adequate to minimize any adverse noise impacts that maybe generated by the proposed use. Short-tertza construction activities during the development phase of the proposed project may result in noise, dust and other construction-related impacts, but these are expected to be short-lived and minimized with the application of standard construction practices. Visual impacts from the Akoni Pule Highway are also expected to be minimal due to the heavy vegetation that exists makai of the highway that does not afford a viewplane to the coastline. The project site is situated close to a mile raakai of the A.koni Pule Highway. `T'his distance, combined with proposed structures that will not exceed 30 feet in height, will minimize adverse visual impact to adjoiltirtg properties and the ~ikoni Pule Highway. _ AUG=21-2001 TUE 11 58 AM P, 12 • Mr. Sidney Fuke . Page 12 This approval reconunendation also includes a condition of approval that will allow the Planning Director to suspend activities permitted by the Special Permit should the applicants fail to comply with conditions of this approval or is unable to resolve any complaint relating to interference or nuisance upon the surrounding community. Should the applicants fail to comply with the conditions of approval or has caused arty unreasonable interference or nuisance or1 the surrounding community, the permit maybe revoked by the Planning Comxnissiort. The desired use will not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, police and fire protection. According to the application, access to the project site from the Akoni Pule 1-lighway will be accomalxodated by Union Milt Road (fora distance of 2,SOOt feet), Pratt Road(for a distance of 2,000 feet) and a former cane haul road (for a distance of 3,800 feet), all of which are privately owned and maintained. Union Mili Road has a pavement width of 18 to 20 foot. Pratt Road leas a gravel surface approximately 14 to 16 feat wide. Finally, the former cane haul road has a gravel surface approximately 12 to 14 feet wide. In response to concerns expressed by some residents along Union Mill Road, the applieat~ts have agreed to a condition of this approval that would prohibit access to flat project site via Union Mill Road. As represented by the applicants to the Planning Comaiiissiox~ during its August 2, 2001 meeting, alternative access could be provided by either one of two existing access easements to the Akoru Pule Highway. These access easements, one through the Kamehameha Park and the other near Utuon lviarket, could each provide the proposed use with satisfactory access to the ~Alconi Pule Highway, provided that they are improved with $ minimum 20~i'oot wide compacted gravel surface and that its intersection ewith the highway meet the requirements of the State Department of Transpoa-tation. The proposed retreat will accommodate guostswith an anticipated length of stay ranging from 5 to 14 days. Shuttles provided by the applicants will transport guests to and from the site as necessary. Finally, rrtast activities associated with the retreat will be conducted on-site. These operational characteristics lead the applicants to conclude that the proposed retreat will not have a significant adverse impact to traffic within the affected area. The Police Department did express some concerns regarding the potential impact upon traff c and roadways within the area. 'With recomzraended improvements to portions of Pratt Road and the former cane heat road and the limited arrtount of traffic anticipated to be. generated by the proposed retreat, we feel that the roadway concerns of tho Police Department have been adequately addressed by the applicants. The Pollee Department did mote drainage concerns within the area of Union Mill Road and Pratt Road. However, these drainage concerns are not limited to the applieaatts or the proposed retreat. The drainage concerns in this area of Nrorth YCohala are part of a Iarger, community-wide concern that must be addressed through the collaboration of affected landowners and County and State governments. AUG-21-2001 TUE 1158 Ali P, 13 Mr. Sidney Fuke Page 13 Tire County's water system does not extend to the project site. Potable water will be provided by the applicants through the construction of on~site storage tanks as well as by bottled water. 'Water catchment systems or a well will provide for non-potable water to service the project's irrigation and wastewater sysfierns and needs. The applicants anticipate that the proposed project would use approximately 3,200 gallons of potable and non-potable water per day. The applicants. have indicated that they will comply with the requirements of the Department of hTealth and the Fire Department. Cornplias~ce with the requirements of these agencies will be made a condition o.f this approval recomrncndation to ensure that the safety of potable water for its guests and the availability of adequate fire protection. The Tepartment of Water Supply had no comments regarding the proposed development. The applicants will utilize an aerobic septic systems and leach fields to accommodate wastewater generated by the proposed retreat in accordance with Department of Health requirements. All other essential public utilities and facilities are or will be made avaiiablc to support the proposed retreat. tJnusuaI conditions, trends and needs have arisen since the district boundaries and regulations were established. The State and the County, through its land use laws, have the fiduciary responsibility ofprotecting its important agricultural lands located in limited quantities throughout the state. However, the protection of these lands cannot be accomplished without consideration ofnon-agricultural uses that, when combined, creates a mutually beneficial relationship that enhances the ability of an entity to utilize these important agricultural Lands in a feasible manner. lJxtenseve, plantation-style agriculture is slowly becoming less of an economic factor on this island. Smaller acreages of laa~d are being cultivated by smaller entities. Many large landowners iraay no longer have the resources necessary to conduct intensive agricultural activities over vast expanses of land. The Caunty must consider various non-agricultural options that could have a secondary, benef cial effect upon a landowner's ability to cultivate their land. The project site provides an excellent case-in-point. The project site and its surrounding Lands are owned by a large Iandotx,ner that has allowed the project site and its surrounding area to lie in fallo~wr; which does not assist in the County's effort to maximize the use of its important agricultural lands. The applicants, on the other hand, will establish vegetable, fruit and herb gardens within the project site that will be incorporated into the healing and • wellness experiences being offered bp•the praposed-retrcat:~ ~n•.the final analyses, approval ' • of the proposed retreat will promote the use of important agricultural lands within the project site rather than preserving the current fallow condition of these vital lands. The land on which the proposed use is sought is unsuited for the uses permitted within the district. While this particular criteria for approval of a Special Permit seeks to utilize "unsuitable" agricultural Iands for non-agricultural types of uses, the Planning Department feels flier certain non-agricultural uses nzay be appropriate oar lands suitable AUO-21-2001 TUE 1159 At1 P, 14 Mr. Sidney Fuke Page 1~ for agriculture. As discussed in the previous paragraph, the department is seeking a balance of co-existing agricultural and non-agricultural uses that are mutually beneficial to cacti other. The current economic climate within the agriculture industry emphasizes the importance of seeking innovative means to sustain itself. The applicants' proposal is one such innovative approach to enhancing the cultivation and productivity of the lands upon which it will be established. The use will not substantially alter or change the Essential character of the Land and the pY•esent use. With the integration of agricultural activities within its operations, the proposed retreat Quill not significantly change the fundaYnental agricultural character of the project site or the surrounding area. The gnaxinnuna height of structures proposed within theretreat is 30 feet, less than flee maxira7um allowable 4S feet height pemaitted within the Agricultural-zoned district. The various structures will be distributed throughout the 5-acre project site in a manner that will pramote to "open space ambiance" being caught by the applicants. To ensure the preservation of the agricultural character of the project site and surrounding area, it is recommended that the proposed retreat be constructed and operated in a manner that is substantially representative of plans and details contained within the Special Permit application. In response to the concerns of some area residents regarding the manner in which this proposed project will be developed and implemented within the North Kohala community, the applicants have agreed to a condition of this approval that will require the applicants to consult with area kupuna, prior to the issuance of a eerti~teate of occupancy for the proposed use. This consultation process will foster dialogue between the coraununity and the applicants to shape a Hawaiian Permaculture and Wellness Retreat that will become an asset to the community of North Kohala. Based on the above considerations, it is determined that the establishment of the Hawaiian Perrraaculture and We1lt~ess.Retreat within the project site would promote the eff'ectiveizess and obj.ecRives of the State Land Use Law. Approval of this request is subject to the following conditions. Should any of these conditions not be met or substantially complied with in a timely fashion, the Director may initiate procedures to revoke this Special Permit. l . The applicants, successor or assigns shall be responsible for complying with all stated conditions of approval. 2. The proposed retreat shall be established within fve (5) years from the effective date of this permit. Prior to establishing this use, the applicants shall secure Final plan Approval from the Planning Director in accordance with the Zoning Code, Sections 25-2-71(f), 25-272, 25-2-76 and 25-2-77. Plans shall identify all AUG-21-2001 TUE 11 59 AM P. 15 Mr. Sidney Ftdce Page IS proposed struckttres, parking area(s), access driveways} and landscaping associated with the proposed use. The applicants shat] notify the Planning Department, in writing, of the completion of required improvements prior to commencing operation of the proposed retreat. 3. As represented by the applicants, the applicants shall consult with area kupuna and across-section of the community in the• development and implementation of their project. This consultation process may be in the form of an advisory board. The advisory process shall include, but not be limited to, the I~,ohala Hawaiian Civic Club, Na Kupuna o`Kohala, ]Kaha`i 1Cupuna, and the ICohala Historic • Preservation Counsel. Further, a written report of this consultation process shall be submitted to the Planning Department prior to the issuance of occupancy permit for the project and one year thereafter. 4. The consta~xction of tl~e .retreat and the operation of all of its related facilities and activities shall be conducted in a manner that is substantially representative of plans and details as contained with the Applications for Special Management Area U'se Permit ar~d Special Use Permit, laropased Hawaiian Permacujlure and Wellness Retreat dated March 2001. 5. The applicants shall prepare an agncultural plan for the project site, •meetirtg with the approval of the Planning Director, prior to the issuance of a certificate of occupancy for any portion of the proposed retreat. The agricultural plan shall include, at a minimum, the cultivation of a frlinimum of three (3) acres of land within the 5-acre project site, b. Access for the project from the Akoni Pule Highway shall be other than Union 1dIi11 Road. Access shall be via an access easement through either the Kameliameha Park or near Union Market. Said drive access shall be improved, meeting with the approval of tlae State Department of'l~ansportation. The applicants shall ianprove those portions of i'ratt Road and the .former cane hart] road that provide access to the project site from the Akoni Pulc Highway with a minianum 20-foot wide compacted ga°avel surface, prior to the establishment of the proposed retreat. 7. `The applicants, in consultation with the Fire Department, shall provide for the fire-flow needs of the proposed retreat. • 8. Should any unidentified sites or remains such as artifacts, shell, bolle, or charcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered, work in the immediate area shall cease and the Department of AUG-21-2001 TUE 1159 Ahl P. 16 Mr. Sidney Fuke Page 16 and Natural Resources-State Historic Preservation T)ivision (DLNR-SHPb) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance frorra the DLNR-SHPI~ when it finds that sufficient mitigative aaaeasures have been taken. . 9. Comply with all other applicable laws, rules, regulations and requirements of the affected government agencies for the proposed use, including those of the Department of Health and the Fire ]department. 10. Yf the applicants fail to comply with the conditions of approval or cause complaints relating to any interference or nuisance and is unable to resolve them with the surrounding community, the Planning Director shall investigate Arad, if necessary, suspend tlae permit. °l'he Planning l:Director shall then refer the matter to the Planning Commission to revoke the permit. Upon appropriate farrdings by the Planning Commission, if the applicants fail to comply with tlae conditions of approval or has caused aa~y ux~easonable interfcrerice or nuisance on the suxrourading corrarrTU7iit~+', the permit may be revolred. 11. An initial extension of time for the performance of conditions within the pernut may be granted by the Planning Director upon the following circumstances: A. Non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors. or assigns arad that are not the result of their fault or negligence. Granting of the time extension would not be contrary to the Geaaeral Plan or Zoning Code. C. Granting of the time extension would not be contrary to the original reasons for the granting of the 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 maybe extended for up to one addidona.t year}, This approval does not, however, sanction the specific plans submitted with the application as they may be sub}ect to cl~aiagC given specific code and regulatory requirements of the affected agencies. AUG-21-2001 TUE 12 00 Ph1 P, 17 Mr. Sidney Fuke ' Pagc 17 Should you have any questions, please contact Esther Tmamura or Susan Gagarik of the Planning Depattrrtent at 96I-8288. Sincerely, J ~I'. ~ / t Gcralclane M. Giffin, Chairman Planning Cota~mission SundedandWatkins ' cc: Department of Public Works Department of Water Supply County Real Property Tax Division West Hawaii Office Office of Planning, CZldi Program (vv/Background) Brian Minaai, Director/DOT-Highways, Honolulu Mr. Jeffrey 1Darrow