HomeMy WebLinkAbout08_013County a aiei
PLANNING COMMISSION
101 Pauahi Street, Suite 3 a Hilo, Hawaii 96720
(808) 961-8288 o Fax (808) 961-8742
December 8, 2008
Mr. Martin Nakasone
M&E Pacific, Inc.
841 Bishop Street, Suite 1900
Honolulu, HI 96813
Dear Mr. Nakasone:
Special Management Area Use Permit Application (SMA 08-000028)
Use Permit Application (USE 08-000013)
Shoreline Setback Variance Application (SSV 08-000003)
Request: Small Boat Harbor Facility
Applicant: Edward R. Underwood (Administrator, DLNR-DBOR)
Tax Man Key: 6-1-3•oortion 26
The Planning Commission at its duly held public hearing on November 24, 2008, voted to
approve the above -referenced requests for a (1) Special Management Area Use Permit to allow
the Kawaihae Small Boat Harbor (South) improvements; (2) Use Permit to allow the small boat
harbor improvements within the Multiple -Family Residential — 1,500 square feet (RM -1.5) and
Open (0) districts; and (3) Shoreline Setback Variance to allow portions of the small boat harbor
improvements within the 40 -foot shoreline setback area. The property is located on the south
side of the existing Kawaihae Boat Harbor, Kawaihae, South Kohala, Hawaii.
Approval of these requests are based on the following:
SPECIAL MANAGEMENT AREA (SMA) USE PERMIT
The applicant is requesting a Special Management Area Use Permit to allow
construction of the first phase of a small boat harbor called the Kawaihae Small Boat
Harbor (South). The first phase will include the following improvements:
Portion of a 45 -foot wide, concrete three -lane boat launch ramp with two loading
docks, one that will be ADA accessible. (Note: A portion of the improvements is
seaward of the SMA.)
Haivai'i County is an Equal Opportunity Provider and Employer
Mr. Martin Nakasone
Page 2
® Main floating dock with accessible pedestrian ramp and gangway. (Note: A
portion of the improvements is seaward of the SMA)
® Grading and drainage for vehicle and boat trailer parking areas.
® Grading for the realignment of the vehicle access through the project site.
® Boat wash down area.
• Comfort station with an individual wastewater system, outdoor shower, water and
electrical service installation.
a Other miscellaneous fencing, signage, site lighting, grading and drainage as
required.
The Kawaihae Deep -draft Harbor (DDH) was constructed in 1959 by the U.S.
Army Corps of Engineers (USACE) without a light -draft component. In 1969, the
USACE planned "Project Tugboat" to widen the relocated harbor's entrance channel and
its basin, extend the existing breakwater, and construct the small boat harbor adjacent to
the deep -draft harbor for light -draft vessels. The project was completed in December of
1970. In 1984, the State Department of Transportation — Harbors Division (DOT -
Harbors), with support of the USACE, developed a general design of further development
to Kawaihae SBH (South). An Environmental Assessment was prepared for the small
boat harbor, specifically for the extension of the west breakwater with a revetted mole,
and the construction of an east revetted mole with a connecting breakwater for 90
commercial small crafts. The Final EA was approved in December of 1994, which was
issued a Finding of No Significant Impact (FONSI) to the harbor site. Constriction of the
west breakwater extension and east revetted mole with connecting breakwater was
completed in July of 1998. The U.S. Army Engineer District, on behalf of DLNR,
contracted M&E Pacific, Inc. to prepare a Master Plan for the Kawaihae SBH (South),
which was finalized and accepted in December of 2003.
Presently, there are approximately 23 light -draft vessel users that utilize the
Kawaihae Small Boat Harbor - North located at the northwestern end of the Kawaihae
Deep -draft Harbor (DDH) near the harbor mouth. This small basin is insufficient for
complete operations of light -draft vessels. With the recent and projected increase in use
of the DDH, there is a need to terminate the existing small boat operations at the DDH
basin and development a separate small boat harbor dedicated for service to light -draft
vessel movements and activities.
The proposed harbor improvements will separate the deep -draft harbor operations
from the small boat harbor operations by relocating the small boat harbor from the
existing north harbor to the south small boat harbor. This will greatly improve safety
issues by separating the light -draft vessels from the larger commercial vessel activities.
Currently, Kawaihae Harbor commercial traffic consists mainly of barges, but the harbor
will soon have to accommodate significant amounts of passenger traffic with the
proposed inter -island Super Ferry scheduled to begin service to the Big Island in 2010.
Mr. Martin Nakasone
Page 3
The applicant is proposing to improve and develop a portion of the existing
Kawaihae SBH (South) to service light -draft watercraft operations in the tributary area.
At this time, mooring blocks with buoys will be provided along the length of the floating
dock to provide berthing stalls for approximately 30 light -draft vessels, which will allow
the light -draft vessels currently utilizing Kawaihae SBH (North) to be relocated to
Kawaihae SBH (South). The mooring blocks will eventually be used in conjunction with
permanent finger piers, which will be installed in a future phase of the project.
The proposed development will not have any significant 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. Such adverse effect 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 substantial adverse
effect and elimination of planning options.
A "substantial adverse effect" is determined by the specific circumstances of the
proposed use, activity or operation. In determining whether- a proposal may have a
substantial adverse effect on the environment, the Director shall consider every phase of a
proposed action and expected consequences, either primary or secondary, or the
cumulative as well as short or long-term effect of the proposal. In reviewing the proposed
development against the factors that may constitute a substantial adverse effect as listed
under Planning Commission Rule 9-10 (H) (1 though 10), it has been determined that the
proposed development of the first phase of the Kawaihae Small Boat Harbor (South) and
related improvements in this area will not have significant adverse environmental or
ecological effects to the Special Management Area, except as such adverse effect(s) is
minimized to the extent practicable and clearly outweighed by public health, safety, or
compelling public interest. Conditions of approval will be added to minimize possible
adverse effects described below.
The project site is 5.81 -acre potion of a 50.858 -acre property and situated along
the shoreline. The project site has a small storage area and dock operated by YMCA,
which will be relocated. Surrounding properties are similarly zoned Open, MG -la and
RM -1.5 and consist mainly of the Kawaihae Harbor Facilities. The Pu'ukohola Heiau
National Historic Park and Spencer Beach Park are located to the east of the subject
property.
The Department of Land and Natural Resources -State Historic Preservation
Division believes that increased turbidity may affect the submerged heiau section(s) of
the National Historic Site property located in close proximity and they recommend that an
Mr. Martin Nakasone
Page 4
archaeological inventory survey be conducted of the submerged heiau prior to beginning
those components of the project that will result in increased silt deposition. A condition
of approval will be added requiring the applicant to submit an archaeological inventory
survey of the submerged heiau section(s) to DLNR-SHPD, if required, prior to beginning
the project and that the applicant comply with any mitigation measures required by
DLNR-SHPD to protect the submerged heiau.
The applicant is proposing to construct an accessible comfort station. The
applicant has proposed to dispose of the wastewater via an individual wastewater system
(IWS) comprised of a septic tank, distribution system, and absorption bed (leachfreld).
The Department of Land and Natural Resources -State Historic Preservation Division and
Division of Aquatic Resources expressed concerns regarding potential negative impacts
to the water quality within the small boat harbor as well as adjacent waters, including the
heiau, public beach and surfing beach, due to possible contaminants from the septic
system and leach field, and from various chemicals, soaps, and bleach from the boat wash
down area entering into the ocean through the porous sandy soil. To minimize these
potential impacts, a condition of approval will be added requiring the applicant to use an
aerobic septic treatment unit for the comfort station. Additionally, a condition of
approval will be added requiring the applicant to drain the wash water from the boat wash
down area into the kiawe vegetated area away from the shore.
The U.S. Fish and Wildlife (USFWS) and the Department of Business, Economic
Development & Tourism (DBEDT) expressed concerns regarding the potential of site
lighting disorienting endangered, threatened, and indigenous birds such as the Newell's
shearwater and the Hawaiian Petrel, which may cause them to land in an area where they
are vulnerable to vehicle collisions and non-native predators. Additionally, the USFWS
is concerned that the migrating birds may collide with the light poles while in flight. To
minimize the potential effect upon these birds, the applicant is proposing that all lighting
associated with the proposed harbor improvements will be designed to be shielded
downward so that the bulb is not visible at bulb height from the side. The applicant is
also proposing to mount the lights on the shortest poles possible, and that the poles not
extend above the height of surrounding vegetation of approximately 20 to 25 feet. Lastly,
the applicant is proposing to specify that bulbs with the lowest wattage possible be used
with the lighting elements. These proposals by the applicant will be added as a condition
of approval to minimize possible negative impacts to these protected birds.
Mayor Harry Kim provided input during the Environmental Assessment process
and requested that the applicant design and construct these facilities with mitigation
measures in mind to prevent future damage. Mayor Kim also requested that the applicant
be aware that the area of the project is popular for local shore fisherman and that small
boat harbors serve as a recreational place for children. Lastly, he was concerned that
landscaping was not identified in the process and encouraged the applicant to look at
Mr. Martin Nakasone
Page 5
planting coconut trees and other foliage to add to the use and beauty of the area, as well
as mitigate problems of wind or runoff. In response to the Mayor's comments, the
applicant verified that the boating facilities would be designed with considerations of the
hazards experienced at Kawaihae Harbor, as well as the wind hazards. The applicant
verified that the SBH will continue to be used by local shore fisherman and that personal
safety features will be incorporated into the design where feasible to protect children.
Lastly, the applicant responded that landscaping was not part of the first phase other than
erosion control because of limited funding, but stated that landscaping would be
completed during a future phase. Existing trees and vegetation will be kept in place, as
feasible with the design.
A concern was expressed by the Department of Land and Natural Resources -State
Historic Preservation Division (DLNR-SHPD) that they believe the view will be
negatively impacted from the National Historical Site to the south and strongly
recommend that plantings be set to visually offset any placement of a fence on the side of
the Pu'ukohola Heiau National Historical Site. Based on these comments, a condition of
approval will be added requiring the applicant to retain all existing coconut trees or
replace them with shade -type trees in the general area and to visually offset any fencing
along the southeastern boundary of the property with plantings to minimize any negative
visual impacts from Pu'ukohola Heiau National Historic Park and Spencer Beach Park.
With these added conditions in place, the proposed development will not create
significant adverse impacts upon nearby and/or adjacent properties, nearshore waters, or
upon endangered, threatened, and/or indigenous birds in the area.
The property is located within an area adequately served with essential services
and facilities such as transportation systems, water, wastewater disposal and other
utilities. Access to the project site is from Kawaihae-Mahukona Road, which is a state-
owned roadway, through a secured entry gate at the Port of Kawaihae. Due to a Federal
Department of Homeland Security requirement initiated in 2004, all visitors to the harbor
must either be trained in Maritime Security (MARSEC) clearance or properly escorted to
the harbor site. In addition to the MARSEC requirement, DOT -Harbors will require all
visitors who wish to access the Kawaihae SBH (South) unescorted to obtain a
Transportation Worker Identification Credential (TWIG), effective April 15, 2009.
TWICs are tamper-resistant biometric credentials, and all vessel owners will be required
to obtain this additional card to moor their vessels at the Kawaihae SBH (South). There
is an existing unpaved white coral access road, leading directly to the project site. This
road is approximately 20 feet in width. A paved access road will be provided under a
future phase.
County water is available to the site from an existing 12 -inch waterline within
Akom Pule Highway. The project will be served through an existing 2 -inch meter.
Mr. Martin Nakasone
Page 6
Wastewater from the comfort station will be disposed of via an aerobic septic treatment
unit as discussed previously. Electrical will be provided only for site lighting and
telephone services will not be provided to the project site until a future phase. Police,
Fire and Emergency services are provided from Waimea.
Any potential runoff or discharge that could reach ocean waters can be handled by
on-site improvements consistent with the requirements of the Department of Public
Works. Any impacts from soil erosion and runoff during site preparation and
construction phases can be adequately mitigated through compliance with existing
regulations and proper construction practices. Air emissions generated during the
construction phase for the proposed project can be mitigated by existing construction
regulations. With these precautionary measures in place, the proposed development is
not anticipated to have any substantial adverse effects upon nearby coastal resources or
the surrounding environment. Conditions of approval will be included relating to
wastewater, solid waste and public safety to ensure that impacts on coastal resources are
minimized.
The proposed development is consistent with the County General Plan and Zoning
Code and other applicable ordinances. The General Plan Land Use Pattern Allocation
Guide (LUPAG) Map designation for this area is Open along the shoreline, and Industrial
and Medium Density Urban inland on the subject property.
The proposed development will complement the following goals, policies and
standards of the Economic, Transportation and Recreation Elements of the General Plan:
Economic Element
Economic development and improvement shall be in balance with the physical,
social, and cultural environments of the island of Hawaii.
Provide an economic environment that allows new, expanded, or improved
economic opportunities that are compatible with the County's cultural, natural and
social environment.
Transportation
Encourage the development, maintenance, and enhancement of Hilo and
Kawaihae Harbors as detailed within the State's Hawaii Commercial Harbors
2020 Master Plan.
Continue to support the Department of Land and Natural Resources in its plans to
develop a small boat harbor at Kawaihae.
Mr. Martin Nakasone
Page ?
Recreation
Public access to the shoreline shall be provided in accordance with an adopted
program of the County of Hawaii.
Improve existing public facilities for optimum usage.
Recreational facilities shall reflect the natural, historic, and cultural character of
the area.
The proposed development is part of the Kawaihae Small Boat Harbor (South)
improvements. It will provide stalls for approximately 30 light -draft vessels along with
other amenities such as a comfort station, boat wash down area, and parking area for boat
trailers and vehicles. The full project build -out will provide a main floating dock along
the existing revetted coastline with finger -piers, a concrete three -lane boat launch ramp,
loading docks, accessible boat trailer parking in near proximity to the boat launch ramp,
accessible comfort stations, buildings for a Boat Club, restaurants and administration
space, ice -fish storage and fuel docks, and approximately 318 parking spaces to support
future growth and development in the Kawaihae Small Boat Harbor (South). Some of
these improvements are seaward of the certified shoreline, thus, are not in the SMA.
The South Kohala Community Development Plan is currently before the Hawaii
County Council for adoption. The South Kohala CDP Kawaihae Area Conceptual Plan
identifies and supports the Kawaihae Small Boat Harbor South proposed improvements.
The proposed request is consistent with the following land use goal of the Kawaihae
Community in the South Kohala Community Development Plan:
Kawaihae Policy 1: The County and State Governments shall work closely with the
Kawaihae Community to create a balance of recreational,
commercial, and industrial uses around the harbor area while
preserving the cultural and historic importance of the area.
This policy is achieved by several strategies listed within the Plan. The proposed request
is consistent with the following strategies listed in the Plan:
Strategy 1.4: Expand commercial activities around the harbor area.
Strategy 1.5: Expand recreational activities around the harbor area and encourage canoe
club activities.
The subject property is zoned Open along the shoreline, and General Industrial
(MG -la) and Multiple -Family Residential (RM -1.5) inland on the subject property.
Yacht harbors and boating facilities are permitted uses within the General Industrial
zoned district. A Use Permit is required to allow the small boat harbor improvements
within the Multiple -Family Residential — 1,500 square feet (RM -1.5) and Open (0)
Mr. Martin Nakasone
Page 8
districts, which has been submitted along with this SMA permit and a Shoreline Setback
Variance application for improvements proposed 40 -foot shoreline setback area.
Therefore, based on the above, the proposed development is consistent with the
County General Plan, the South Kohala Community Development Plan and with County
zoning.
The proposed project 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 Plaming Commission Rules of Practice and Procedure. The purpose of Chapter
205A, Hawaii Revised Statutes (HRS), and Special Management 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 necessary to avoid permanent loss of
valuable resources and the foreclosure of management options. In reviewing the
proposed development, it has been determined that it is consistent with the objectives and
policies listed under Chapter 205A, HRS, which includes protecting and preserving
recreational resources, historic resources, scenic and open space resources, coastal
ecosystems, economic uses, coastal hazards, beach protection, and marine resources.
The proposed development will not have an adverse impact to the recreational
resources to the shoreline and coastal ecosystems. There are identified recreational
resources along this area of the coast in Kawaihae including surfing, snorkeling, scuba
diving, spearfishing, shore fishing, boating, kayaking, canoeing and other similar types of
activities. There are several identified public access areas to the shoreline near the
subject property. The project will not restrict access to coastal recreational resources
along the shoreline as a condition of approval will added to require the applicant to
submit a shoreline access plan to allow for public access to and along the shoreline area
of the property.
The proposed development will not substantially interfere with or detract from the
line of sight toward the sea from Kawaihae-Mahulcona Road or Queen Kaahumanu
Highway, which are the nearest state highways.
The development will to the extent feasible, reasonably protect native Hawaiian
rights if they are found to exist. In view of the Hawaii 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. These rights must be addressed in
terms of the cultural, historical, and natural resources and the associated traditional and
customary practices of the site.
Mr. Martin Nakasone
Page 9
Investigation of valued resources: The following reports were submitted with the
application:
An Environmental hnpact Statement (EIS) prepared in 1985 for the full
harbor development.
An Environmental Assessment prepared in 1994 for the construction of
the breakwaters.
An Environmental Assessment submitted along with this application for
the first phase of the Kawaihae Small Boat Harbor (South) improvements.
The valuable cultural historical and natural resources found in the area: The
project site is 5.81 -acre portion of a 50.858 -acre property. There are no historical or
archaeological sites are located within the project area. However, the Pu'ukohola Heiau
National Historic Park (Site Number 10-05-4139, TMK: 6-2-002: 009, 010, and 016) is
located in close proximity of the project site. In a letter dated August 29, 2008, the
Department of Land and Natural Resources -State Historic Preservation Division stated
that they believe that no historic properties will be affected by the improvements within
the project. DLNR-SHPD states that there are still issues that need mitigation, which
include the increased turbidity that may affect the submerged heiau of the National
Historic Site property nearby, the depth of constriction activities, the proposed waste
system, and landscaping. Conditions of approval will be added to address these
additional concerns expressed by the Department of Land and Natural Resources -State
Historic Preservation Division.
Possible adverse effects or impairment of valued resources: Native vegetation
may be destroyed by ground alteration. There is no evidence that the flora in the area are
particularly desired or used for cultural practices. Additionally, there are no rare,
endangered, or threatened species that use the project area as a critical habitat.
Conditions of approval have been added to protect endangered, threatened, and
indigenous birds such as the Newell's shearwater and the Hawaiian Petrel.
Feasible actions to protect native Hawaiian rights: To the extent that traditional
and customary native Hawaiian rights are exercised, the proposed action will not affect
traditional Hawaiian rights. The proposed project will not restrict the use of natural
resources along the shoreline. A condition of approval has been added to protect any
unidentified cultural, historical, and natural resource in the event any are encountered
during construction.
Based on the above findings, it is determined that the proposed development and
related improvements will not have substantial adverse impacts on the surrounding area,
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
Mr. Martin Nakasone
Page 10
relating to the Special Management Area. Approval of this request is subject to the
following conditions:
The applicant, its successor or assigns shall be responsible for complying with all
stated conditions of approval of this permit.
2. Prior to granting water service for the proposed project, the applicant shall remit
the prevailing facilities charge to the Department of Water Supply within one
hundred and eight (180) days of the effective date of this permit.
3. Constriction of the proposed development shall be completed within five (5)
years from the effective date of this permit. Prior to construction, the applicant,
successors or assigns shall secure Final Plan Approval for the proposed
development from the Planning Director in accordance with Chapter 25-2-70,
Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify, if
applicable, all existing and proposed structures, fire protection measures,
driveway access and parking stalls, and other improvements associated with the
proposed use. The applicant shall retain all existing coconut trees or replace them
with shade -type trees in the general area. Additionally, the applicant shall visually
offset any fencing along the southeastern boundary of the property with plantings
to minimize any negative visual impacts from Pu'ukohola Heiau National Historic
Park and Spencer Beach Park.
The applicant shall submit a shoreline access plan meeting with the approval of
the Planning Director prior to submittal of Plan Approval. The shoreline access
plan shall provide for public access to and along the shoreline and provide public
access signage.
The applicant shall use an aerobic septic treatment unit for the comfort station.
This system shall be included in plans submitted for Plan Approval,
6. The applicant shall drain the wash water from the boat wash down area into the
kiawe vegetated area away from the shore, as represented by the applicant.
The applicant shall comply with Chapter 27 - Flood Control, of the Hawaii
County Code.
All development -generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties. During construction, measures shall be
taken to minimize the potential of both fugitive dust and runoff sedimentation.
Such measures shall be in compliance with constriction industry standards and
practices utilized during construction projects of the State of Hawaii.
Mr. Martin Nakasone
Page 11
9. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control of the Hawaii County Code.
10. A Solid Waste Management Plan shall be submitted for review and approval to
the Department of Environmental Management, prior to submittal of Plan
Approval.
11. The applicant shall incorporate the U.S. Fish and Wildlife Service's
Recommended Standard Best Management Practices into the project to minimize
the potential for project -related impacts to fish and wildlife resources.
12. The applicant shall design all lighting associated with the proposed harbor
improvements to be shielded downward. The applicant shall mount the lights on
the shortest poles possible, and that the poles not extend above the height of
surrounding vegetation. The applicant shall utilize bulbs with the lowest wattage
possible to be used with the lighting elements.
13. If required by DLNR-SHPD, the applicant shall submit an archaeological
inventory survey of the submerged heiau section(s) of the National Historic Site
property nearby to the Department of Land and Natural Resources -State Historic
Preservation Division prior to the start of any construction activity for the project.
The applicant shall comply with any mitigation measures required by DLNR-
SHPD to protect the submerged heiau section(s).
14. Should any undiscovered remains of historic sites, such as rock walls, terraces,
platforms, marine shell concentrations or human burials be encountered, work in
the immediate area shall cease and the Department of Land and Natural
Resources -Historic Preservation Division (DLNR-HPD) shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
the DLNR-HPD when it finds that sufficient mitigation measures have been taken.
15. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
16. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of enactment of this permit. The report shall include, but not be
limited to, the status of the development and to what extent the conditions of
approval are being complied with. This condition shall remain in effect until all
of the conditions of approval have been complied with and the Planning Director
acknowledges that further reports are not required.
Mr. Martin Nakasone
Page 12
17. 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.
C. 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.
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.
SHORELINE SETBACK VARIANCE
The applicant is requesting a Shoreline Setback Variance to allow construction of
the first phase of a small boat harbor called the Kawaihae Small Boat Harbor (South).
The first phase will include constructing a portion of the boat launch -ramp, the west side
ADA ramp, and a portion of the east gangway (gangway 2) within the 40 -foot shoreline
setback area.
The first phase of the project will provide stalls for approximately 30 light -draft
vessels along with other amenities such as a comfort station, boat wash down area, and
parking area for boat trailers and vehicles. The full project build -out will provide a main
floating dock along the existing revelled coastline with finger -piers, a concrete three -lane
boat launch ramp, loading docks, accessible boat trailer parking in near proximity to the
boat launch ramp, accessible comfort stations, buildings for a Boat Club, retail shops,
restaurants and administration space, ice -fish storage and fuel docks, and approximately
318 parking spaces to support future growth and development in the Kawaihae Small
Boat Harbor (South). Some of these improvements are seaward of the certified shoreline,
thus, are not in the SMA or the shoreline setback area.
Mr. Martin Nakasone
Page 13
The Shoreline Setback Law was enacted by the State Legislature in 1970 for the
protection of the shoreline from undue man-made improvements. Many of these
structures have disturbed the natural shoreline processes and caused erosion of the
shoreline. Concrete masses along the shoreline are contrary to the policy for the
preservation of the natural shoreline and the open space. Unrestricted removal of sand,
coral, rocks, etc., for commercial uses can only deteriorate the shoreline and remove it
from public use and enjoyment. Moreover, the Hawaiian Islands are subject to tsunamis
and high waves, which endanger residential dwellings and other structures which are built
too close to the shoreline. For these reasons, it is in the public interest to establish
shoreline setbacks and to regulate the use and activities within the shoreline setbacks.
The Legislature, however, also recognized that certain activities and
improvements may be required or constructed within the shoreline setback area for
protection of certain shoreline properties. hi recognizing this need, the Legislature
authorized the respective authorities within the various counties, in this case the Planning
Commission, to grant variances for certain activities and improvements within the
shoreline setback area. In accordance with Section 205A -46(b) of the Hawaii Revised
Statutes, and Section 8-10(b) of the Planning Commission's Rule 8, relating to Shoreline
Setback, the Planning Commission may grant variances from the shoreline setback
regulations.
The proposed request to allow portions of the small boat harbor improvements
within the forty -foot (40 -foot) shoreline setback area would meet the Shoreline -dependant.
Facility Standard of Rule 8, Section 8-10(b)(1). hi reviewing the request against the
criteria to allow a variance, the Planning Director has determined that the request for a
Shoreline Setback Variance to allow portions of the small boat harbor improvements
within the shoreline setback does meet the criteria set forth in Rule 8, Section 8-10 (b)(1)
(Shoreline -dependant Facility Standard).
Section 8-10(b) states, "A variance may also be granted upon a finding that, based
upon the record, the proposed structure or activity meets one of the following standards of
this subsection:
(1) Shoreline -dependant Facility Standard.
A variance may be granted for an activity or structure that is
necessary for or ancillary to a shoreline -dependent facility or
improvement, including drainage facilities and boating, maritime or ocean
sports recreational facilities; provided that the proposal is the practicable
alternative which best conforms to the purpose of this rule.
Mr. Martin Nakasone
Page 14
Additionally, Section 8-10(c) states "No variance shall be granted unless
appropriate conditions are imposed as applicable:
(1) To comply with Chapters 10 and 27 of the Hawaii County Code relating to
Erosion and Sedimentation Control and Flood Control, respectively;
(2) To maintain safe lateral access along the shoreline or adequately substitute
for its loss;
(3) To minimize risk of adverse impacts on beach processes;
(4) To minimize risk of structures failing and becoming loose rocks or rubble
on public property; and
(5) To minimize adverse impacts on public views to, from, and along the
shoreline.
Conditions of approval have been added to address the areas of concern listed
above that are applicable. The applicant will be required to comply with Chapter 10
(Erosion and Sediment Control) for earthwork and grading conducted on-site, and the
applicant will be required to comply with Chapter 27 (Flood Control) for construction
within the Flood Zone VE and AE.
To address the requirement to maintain safe lateral access along the shoreline, a
condition of approval has been added requiring the applicant to submit a shoreline access
plan. The shoreline access plan will provide public access to and along the shoreline and
provide public access signage.
The proposed request will not affect beach processes and will not create a risk for
the proposed structures becoming loose, as the area along the shoreline will be a
stabilized revetment.
Lastly, the proposed development will not create negative adverse impacts on
public views to, from, and along the shoreline. A concern was expressed by the
Department of Land and Natural Resources -State Historic Preservation Division (DLNR-
SHPD) that they believe the view will be negatively impacted from the National
Historical Site to the south and strongly recommend that plantings be set to visually offset
any placement of a fence on the side of the Pu'ukohola Heiau National Historical Site.
Based on these comments, a condition of approval will be added requiring the applicant
to submit a master landscaping plan to the Planning Department, which will need to be
reviewed and approved by the Planning Director prior to the submittal of Plan Approval
to minimize any negative adverse impact on public views to the shoreline.
Based on the above findings, it is determined that the request to allow portions of
the small boat harbor improvements within the shoreline setback area is consistent with
the Shoreline Setback Law pursuant to Chapter 205A-46 and the criteria established in
Mr. Martin Nakasone
Page 15
Rule No. 8 of the Planning Commission's Rules of Practice and Procedure, and this
request should be approved by the Planning Commission.
Approval of this Shoreline Setback Variance request is subject to the following conditions:
The applicant, its successor or assigns shall be responsible for complying with all
stated conditions of approval.
2. The applicant shall comply with all conditions of Special Management Area Use
Permit No. 08-000028 and Use Permit No. 08-000013.
3. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
4. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of enactment of this permit. The report shall include, but not be
limited to, the status of the development and to what extent the conditions of
approval are being complied with. This condition shall remain in effect until all
of the conditions of approval have been complied with and the Planning Director
acknowledges that further reports are not required.
An initial extension of time for the performance of conditions within the 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.
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 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.
Mr. Martin Nakasone
Page 16
Should any of the conditions not be met or substantially complied with in a timely
manner, the Planning Director may initiate to revolve this permit.
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The applicant is requesting a Use Permit to allow construction of the first phase of
a small boat harbor called the Kawaihae Small Boat Harbor (South) within the Multiple -
Family Residential —1,500 square feet (RM -1.5) and Open (0) districts. The first phase
will include the following improvements:
® Portion of a 45 -foot wide, concrete three -lane boat launch ramp with two loading
docks, one that will be ADA accessible. (Note: A portion of the improvements is
seaward of the SMA)
® Main floating dock with accessible pedestrian ramp and gangway. (Note: A
portion of the improvements is seaward of the SMA)
® Grading and drainage for vehicle and boat trailer parking areas.
® Grading for the realignment of the vehicle access through the project site.
® Boat wash down area.
® Comfort station with an individual wastewater system, outdoor shower, water and
electrical service installation.
® Other miscellaneous fencing, signage, site lighting, grading and drainage as
required.
Presently, approximately 23 light -draft vessel users in the Kawaihae boating
community utilize a small basin (referred to as the Kawaihae Small Boat Harbor - North)
located at the northwestern end of the Kawaihae Deep -draft Harbor (DDH) near the
harbor mouth. This small basin is insufficient for complete operations of light -draft
vessels. With the recent and projected increase in use of the DDH, there is a need to
terminate the existing small boat operations at the DDH basin and development a separate
small boat harbor dedicated for service to light -draft vessel movements and activities.
The proposed harbor improvements will separate the deep -draft harbor operations
from the small boat harbor operations by relocating the small boat harbor from the
existing north harbor to the south small boat harbor. This will greatly improve safety
issues by separating the light -draft vessels from the larger commercial vessel activities.
Currently, Kawaihae Harbor commercial traffic consists mainly of barges, but the harbor
will soon have to accommodate significant amounts of passenger traffic with the
proposed inter -island Super Ferry scheduled to begin service to the Big Island in 2010.
The applicant is proposing to improve and develop a portion of the existing
Kawaihae SBH (South) to service light -draft watercraft operations in the tributary area.
At this time, mooring blocks with buoys will be provided along the length of the floating
Mr. Martin Nakasone
Page 17
dock to provide berthing stalls for approximately 30 light -draft vessels, which will allow
the light -draft vessels currently utilizing Kawaihae SBH (North) to be relocated to
Kawaihae SBH (South). The mooring blocks will eventually be used in conjunction with
permanent finger piers, which will be installed in a future phase of the project.
In considering a Use Permit for any proposed use, Rule 7 of the Planning
Commission relating to Use Permits requires that such action conform to the following
guidelines:
A. The granting of the proposed use shall be consistent with the general
purpose of the zoned district, the intent and propose of the Zoning Code
and the County General Plan;
B. The granting of the proposed use shall not be materially detrimental to the
public welfare nor cause substantial adverse impact to the community's
character or to surrounding properties; and
C. The granting of the proposed use shall not unreasonably burden public
agencies to provide roads and streets, sewers, water, drainage, school
improvements, police and fire protection and other related infrastructure.
The proposed small boat harbor meets the guidelines for approval of a Use Permit,
for the reasons outlined below:
The granting of the proposed use shall be consistent with the general purpose of
the zoning district, the intent and purpose of the Zoning Code, and the County General
Plan. The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designation
for this area is Open along the shoreline, and Industrial and Medium Density Urban
inland on the subject property.
The proposed development will complement the following goals, policies and
standards of the Economic, Transportation and Recreation Elements of the General Plan:
Economic Element
Economic development and improvement shall be in balance with the physical,
social, and cultural environments of the island of Hawaii.
Provide an economic environment that allows new, expanded, or improved
economic opportunities that are compatible with the County's cultural, natural and
social environment.
Mr. Martin Nakasone
Page 18
Transportation
Encourage the development, maintenance, and enhancement of Hilo and
Kawaihae Harbors as detailed within the State's Hawaii Commercial Harbors
2020 Master Plan.
Continue to support the Department of Land and Natural Resources in its plans to
develop a small boat harbor at Kawaihae.
Recreation
Public access to the shoreline shall be provided in accordance with an adopted
program of the County of Hawaii.
Improve existing public facilities for optimum usage.
Recreational facilities shall reflect the natural, historic, and cultural character of
the area.
The proposed development is part of the Kawaihae Small Boat Harbor (South)
improvements. It will provide stalls for approximately 30 light -draft vessels along with
other amenities such as a comfort station, boat wash down area, and parking area for boat
trailers and vehicles. The full project build -out will provide a main floating dock along
the existing revetted coastline with finger -piers, a concrete three -lane boat launch ramp,
loading docks, accessible boat trailer parking in near proximity to the boat launch ramp,
accessible comfort stations, buildings for a Boat Club, restaurants and administration
space, ice -fish storage and fuel docks, and approximately 318 parking spaces to support
future growth and development in the Kawaihae Small Boat Harbor (South). Some of
these improvements are seaward of the certified shoreline.
The South Kohala Community Development Plan is currently before the Hawaii
County Council for adoption. The South Kohala CDP Kawaihae Area Conceptual Plan
identifies and supports the Kawaihae Small Boat Harbor South proposed improvements.
The proposed request is consistent with the following land use goal of the Kawaihae
Community in the South Kohala Community Development Plan:
Kawaihae Policy 1: The County and State Governments shall work closely with the
Kawaihae Community to create a balance of recreational,
commercial, and industrial uses around the harbor area while
preserving the cultural and historic importance of the area.
This policy is achieved by several strategies listed within the Plan. The proposed request
is consistent with the following strategies listed in the Plan:
Strategy 1.4: Expand commercial activities around the harbor area.
Mr. Martin Nakasone
Page 19
Strategy 1.5: Expand recreational activities around the harbor area and encourage canoe
club activities.
The County Zoning for the subject property is Open along the shoreline, and
General Industrial (MG -la) and Multiple -Family Residential (RM -1.5) inland on the
subject property. Yacht harbors and boating facilities are permitted uses within the
General Industrial zoned district. A Use Permit is required to allow the small boat harbor
improvements within the Multiple -Family Residential —1,500 square feet (RM -1.5) and
Open (0) districts. The Open (0) district applies to areas that contribute to the general
welfare, the full enjoyment, or the economic well-being of open land type use which has
been established, or is proposed. The property is located within the Special Management
Area (SMA) and portions of the request are located within the 40 -foot shoreline setback
area. The applicant has submitted a Special Management Area (SMA) Use Permit
application and a Shoreline Setback Variance application for improvements proposed 40 -
foot shoreline setback area along with this Use permit application.
Therefore, based on the above, the proposed use shall be consistent with the
general purpose of the zoned district, the intent and purpose of the Zoning Code, the
South Kohala Community Development Plan, and the County General Plan.
The granting of the proposed use shall not be materially detrimental to the public
welfare nor cause substantial, adverse impact to the community's character or to
surrounding properties. The project site is 5.81 -acre portion of a 50.858 -acre property.
The project site has a small storage area and dock operated by YMCA, which will be
relocated. Surrounding properties are similarly zoned Open, MG -la and RM -1.5 and
consist mainly of the Kawaihae Harbor Facilities. The proposed improvements will
accommodate and support local fisherman, and provide safe and convenient harbor
facilities that will allow a greater portion of the Kawaihae boating community to access
the boat harbor.
The Pu'ukohola Heiau National Historic Park and Spencer Beach Park are located
to the east of the subject property. Lastly, the property is situated along the shoreline.
With added conditions of approval, the granting of the proposed use will not be materially
detrimental to the public welfare nor cause substantial, adverse impact to the community's
character or to surrounding properties.
The proposed use will not unreasonably burden public agencies to provide roads
and streets, sewers, water, drainage, school improvements, police and fire protection and
other related infrastructure. Access to the project site is from Kawaihae-Mahukona Road,
which is a state-owned roadway, through a secured entry gate at the Port of Kawaihae.
Due to a Federal Department of Homeland Security requirement initiated in 2004, all
visitors to the harbor must either be trained in Maritime Security (MARSEC) clearance or
Mr. Martin Nakasone
Page 20
properly escorted to the harbor site. hi addition to the MARSEC requirement, DOT -
Harbors will require all visitors who wish to access the Kawaihae SBH (South)
unescorted to obtain a Transportation Worker Identification Credential (TWIG), effective
April 15, 2009. TWICs are tamper-resistant biometric credentials, and all vessel owners
will be required to obtain this additional card to moor their vessels at the Kawaihae SBH
(South). There is an existing unpaved white coral access road, leading directly to the
project site. This road is approximately 20 feet in width. A paved access road will be
provided under a future phase.
The applicant is proposing to construct an accessible comfort station. The
applicant is proposing to dispose of the wastewater via an individual wastewater system
(fWS) comprised of a septic tank, distribution system, and absorption bed (leachfield).
The Department of Land and Natural Resources -State Historic Preservation Division and
Division of Aquatic Resources expressed concerns regarding potential negative impacts
to the water quality within the small boat harbor as well as adjacent waters. To minimize
these potential impacts, a condition of approval will be added requiring the applicant to
use an aerobic septic treatment unit for the comfort station. Additionally, a condition of
approval will be added requiring the applicant to hire an engineer to design a subsurface
filtration system for the boat wash down area utilizing material to filter oil, gasoline,
various chemicals, soaps, bleach and fish blood to prevent these contaminants from
entering into the ocean.
County water is available to the site from an existing 12 -inch waterline within
Alconi Pule Highway. The project will be served through an existing 2 -inch meter.
Electrical will be provided only for site lighting and telephone services will not be
provided to the project site until a future phase. Police, Fire and Emergency services are
provided from Waimea. Based on the above, it has been determined that the project site
is located within an area adequately served with essential services and facilities such as
water, transportation systems, and other utilities, and will not unreasonably burden public
agencies.
Based on the above findings, this request is approved subject to the following conditions:
The applicant, its successor or assigns shall be responsible for complying with all
stated conditions of approval.
2. The applicant shall comply with all conditions of Special Management Area Use
Permit No. 08-000028 and Shoreline Setback Variance No. 08-000003.
The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
Mr. Martin Nakasone
Page 21
4. An annual progress report shall be submitted to the Planning Director prior to the
amiiversary date of enactment of this permit. The report shall include, but not be
limited to, the status of the development and to what extent the conditions of
approval are being complied with. This condition shall remain in effect Until all
of the conditions of approval have been complied with and the Planning Director
acknowledges that further reports are not required.
An initial extension of time for the performance of conditions within the 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.
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 may be extended for up to one additional year).
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate the revocation of the Use Permit.
These approvals do not, however, sanction the specific plans submitted with the applications as
they may be subject to change given specific code and regulatory requirements of the affected
agencies.
Should you have any questions, please contact Norman Hayashi of the Planning Department at
961-8288.
Sincerely,
Rodney Wabe, Chairman
Planning Commission
Mr. Martin Nakasone
Page 22
LUnderwoodSMASS V USEpc
cc: Mr. Edward R. Underwood, Adininistrator/DLNR-DOBOR
Ms. Valerie Suzuki/DLNR-Engineering Division
Department of Public Works
Department of Water Supply
County Real Property Tax Division
Planning Department - Kona
Department of Land and Natural Resources/HPD
DOT -Highways, Honolulu
Ms. Alice Kawaha
Zoning Inspector -Kona
Plan Approval Section
Mr. Gilbert Bailado