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HomeMy WebLinkAbout12_29_20 PD RECOMMENDATION (SMA 20-077)AJR:RKolekoleSMA:12/29/2020 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION COUNTY OF HAWAII DEPARTMENT OF PARKS AND RECREATION SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION(SMA 20-000077) Upon careful review of the applicant's request against the guidelines for a Special Management Area Use Permit, the Planning Director is recommending that this request to allow facility upgrades and ADA improvements to the Kolekole Gulch Park be approved by the Planning Commission. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This approval recommendation is based on the following findings: The applicant, County of Hawai`i Department of Parks and Recreation (DPR) has submitted an application for a Special Management Area (SMA) Use Permit to allow for facility improvements and American with Disabilities Act (ADA) upgrades to the existing Kolekole Gulch Park. Actions include,but may not be limited to, the following: Converting the existing restrooms into single occupant accessible restrooms and upgrading the existing associated septic system Providing a new accessible comfort station with septic systems Building one (1) new pavilion, demolishing one (1) pavilion, and repairing remaining pavilions Providing drainage improvements to divert shower runoff from stream Replacing shower and picnic tables with accessible facilities Removing non-native vegetation Repaving and improving the stability and integrity ofthe driveway and parking area Developing an on-site potable water system and fire protection water system Landscaping improvements Other appurtenant work including remediation of lead contaminated soils and asbestos removal from existing structures. I- When reviewing proposed developments within the SMA, the Planning Commission should follow the below listed guidelines as established within HRS 205A- 26 (SMA guidelines). In review of the SMA guidelines as listed under FIRS 205A-26(l), the proposed upgrades and improvements to the Kolekole Gulch Park will have terms and conditions issued by the Planning Commission as part of this SMA approval to continue to provide adequate access to coastal resources, to have reserved portions of the project for public recreation,to have made provisions for waste treatment, to have developed structures that cause minimum adverse effects to water resources, and to preserve scenic and recreational amenities. In review of the SMA guidelines as listed under HRS 205A-26(2) (A), 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. The applicant has also conducted an Environmental Assessment for the project, which resulted in a Finding of No Significant Impact (EONS!). Thus, it has been determined that the proposed Kolekole Gulch Park facility upgrades, and improvements will not have a significant adverse environmental or ecological effect upon the Special Management Area. It should be noted that under Planning Commission Rule 9-10 (H) (9), a proposed use, activity or operation may constitute a substantial adverse impact if it affects an environmentally sensitive areas, such as flood plain, tsunami zone, erosion-prone area, geologically hazardous land, estuary, fresh water, or coastal water. Although the subject property is within Flood Zone X (areas of moderate flood hazard), this site has been observed by DPR staff to flood during high wave events and from upland flooding. The location of the structures several hundred feet inland from the shoreline at elevations of 10-14 feet above sea level provides sufficient resiliency to flooding and future sea-level rise. Maps printed by the Pacific Tsunami Warning Center and the Hawai`i Civil Defense Agency locate the project site within a tsunami evacuation zone. However, warning sirens are preset nearby, and the area can readily be evacuated in the event of any coastal 2- hazard emergency. As such, the proposed development will not create a substantial adverse effect on these environmentally sensitive areas. Although the County Department of Parks and Recreation (DPR) is steadily improving the accessibility of its facilities through individual projects, they are scattered around the island and would not tend to produce adverse cumulative impacts. Furthermore, the proposed project is not related to other non-DPR activities in the region is such a way as to produce adverse cumulative effects or involve a commitment of larger actions. It should be noted that the County Department of Public Works is seeking to repair the Kolekole Stream Bridge and to address landslide issues on Old Mamalahoa Highway. If both projects progress concurrently the additional traffic may require coordination between agencies, especially for the use of heavy equipment. In review of the SMA guidelines as listed under HRS 205A-26(2) (B) above, the proposed development is consistent with the objectives and policies as provided by Chapter 205A, HRS, and Special Management Area guidelines contained in Rule No.9 of the Planning Commission Rules of Practice and Procedure. The purpose of Chapter 205A, 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. The objectives and policies of Chapter 205A, HRS include, but are not limited to, the protection of coastal recreational resources, historic resources, scenic and open space resources, coastal ecosystems,marine resources, beaches, and controlling development in coastal hazard areas. The proposed facility upgrades, and improvements are consistent with the objectives and policies of the Coastal Zone Management Program (Chapter 205A, Hawaii Revised Statutes)including: Recreational Resources: Objective: To provide coastal recreational opportunities accessible to the public. Policies:ii) Provide adequate,accessible, and diverse recreational 3- opportunities in the coastal zone management area by: iii) Providing and managing adequate public access, consistent with the conservation of natural resources, to and along the shorelines with recreational value. iv) Providing an adequate supply of shoreline parks and other recreational facilities suitable for public recreation. The development has provided valuable public accesses to Kolekole Stream and the shoreline embayment. The proposed accessibility improvements would not in any manner adversely affect any recreational resources, and the proposed project expands and improves recreational uses for disabled users of the park. The proposed project would not restrict any shoreline uses such as fishing, surfing, and other water-dependent activities. Additionally, the proposed project would help DPR in its mission to provide adequate, accessible and diverse recreational opportunities for the public. Historic Resources: Objective: To protect, preserve, and, where desirable, restore those natural and manmade historic resources in the coastal zone management area that are significant in Hawaiian and American history and cultural. Policies: i) Identify and analyze significant archaeological resources. The proposed project has involved the appropriate surveys and research by professional archeologists to determine the presence and significance of historic sites in this area. The proposed upgrades and facility improvements, and addition of a comfort station and septic system, will restore Kolekole Gulch Park to its former capacity as a gathering place for community and families, and will help ensure the safety of visitors to the Park. Kolekole Gulch Park, since its inception in 1938, has historically been acknowledged as the heart of recreation for this portion of the South Hilo coastline. Thus, given the negative findings of the archeological assessment, the determination of effect for the proposed project is "no historic properties affected"; which was confirmed by SHPD. Scenic and Open Space Resources: Objective: Protect, preserve, and, where desirable, restore or improve the quality of 4- coastal scenic and open space resources. Policy: iii) Preserve,maintain, and, where desirable, improve and restore shoreline open space and scenic resources. The proposed project will improve public access and would not adversely affect any sight lines or scenic resources in any way. Furthermore, the proposed project aims to improve and maintain the quality of scenic and open space resources and uses throughout the Park. The proposed project does not involve adverse impacts to scenic areas or vantages and would not be inconsistent with the natural beauty of the area. Additionally, the proposed project will improve public pedestrian access by rebuilding roads, adding ADA improvements, and providing adequate facilities for visitors. Coastal Ecosystems and Marine Resources: Mitigative measures to minimize possible effects or impairments of valued resources will be addressed and are included as part of the best management practices (BMPs) for the proposed project. The proposed project is designed to have a minimal impact to natural resources associated with the shoreline and coastal waters, including Kolekole Stream. Grading, paving and construction activities would occur in an area greater than one acre, and thus will require a National Pollutant Discharge Elimination System (NPDES) permit to ensure that erosion and sedimentation impacts to adjacent waters will be minimized. Based upon the above information, the proposed development is consistent with the objectives and policies of Chapter 205A, HRS. In review of the SMA guidelines as listed under HRS 205A-26(2) (C) above, the proposed development is consistent with the County General Plan, the Zoning Code and the Ham*kua Community Development Plan. The project site is zoned A- 20a (Agricultural — 20 acres) and a park is a permitted use in this zoning district, however, County zoning does not apply within the State Land Use Conservation District, and any proposed land uses are regulated by Hawai`i Administrative Rules (HAR), Ch. 13-5, Conservation District. The proposed project conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map, which designates this area as Conservation. This type of 5- designation includes areas for open space recreational uses and the continued use of this project site for a park is consistent with this designation. The applicant proposes to conduct facility improvements, including repair and safety improvements to park infrastructure and pavilions, improved septic and potable water, erosion and stormwater controls, and miscellaneous other features and actions that will enhance the previously developed Park. The proposed project will also compliment the Historic Sites, Natural Beauty, Natural Resources and Shoreline, Recreation and Economy goals and policies of the General Plan. Lastly, the Hamakua Community Development Plan (CDP) was adopted by the Hawai`i County Council by Ordinance No. 18-178 on August 22, 2018. The CDP planning area encompasses not only the Hamakua district, but also that of North Hilo and a portion ofthe South Hilo district. The Hamakua CDP has policies relevant to park improvements through its aspirational priorities" for natural and cultural resources and community infrastructure, such that the project: Protects coastal areas, agricultural land, and mauka forests from development. Protects open space, areas with natural beauty, and scenic view planes. Guides the development of programs to strengthen protections for coastal and agricultural land as well as open space and view planes. Preserves historic resources Ensures appropriate public access to the shoreline and mauka forests. Guides collaborative stewardship and enhancement of coastal and forest ecosystems, cultural resources, agricultural lands, public access, and trails. Supports the preservation of village town character and guides the enhancement of communities' unique sense ofplace. According to the Hamakua CDP: Policy 104,the County should"seek to combine park facility improvement projects with the needed facility improvements (e.g., ADA improvements with facility hardening, etc.)". This project appears to be consistent with the policy by combining needed accessibility improvements with other critical 6- improvements such as wastewater, drainage, hazardous material abatement, and hazardous tree removal. The proposed development will not have a significant adverse impact to traditional and customary Hawaiian rights: In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0 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: Investigation of valued resources: The applicant presented a Final Environmental Assessment (FEA) along with this Special Management Area Use Permit application. There have been numerous archaeological, cultural, and botanical surveys conducted in this area in the past and in preparation for this proposed project. The FEA provided a summary of these reports. The valuable cultural, historical, and natural resources found in the permit area: From the information presented in the cultural impact assessment it is evident that Kolekole Gulch Park has its roots in Hawai'i's sugar plantation history. From the knowledge collected though consultation efforts, it is evident that this park was one of very few places found along this section of South Hilo where individuals, families, and groups came to practice subsistence fishing, to camp, to conduct religious ceremonies, to celebrate important life events, and to recreate. Kolekole Gulch Park is a valuable resource for South Hilo communities, as it provides a safe space where they could reconnect to the area's unique geographical landscape and engage in long-standing cultural traditions. In further review of the assessment and consultation process, it was concluded that the proposed improvements to the Kolekole Gulch Park will not result in any direct adverse impacts to any traditionally valued cultural or historical resources nor any traditional cultural practices. The park is currently closed and therefore site access is currently limited, however, the proposed project does not intend to close or block access to the shoreline. The various reviews of the site indicate that there were no historic properties or archeological resources found on the subject parcel. The Hawaiian hoary bat is known to frequent sites along this coastline, and therefore conditions will be included to minimize impacts to those species, similarly, conditions will be in pace to minimize impacts to the Hawaiian hawk which also may inhabit this site. Possible adverse effect or impairment of valued resources: The park development will require site grading and grubbing, and construction of various improvements such as the new pavilions, parking areas, roadway improvements, and improved septic and potable water systems. Additional improvements include ADA upgrades for improved access to the park facilities. Lighting used for the park could possibly impact seabirds flying over the site, as well as the removal of vegetation that could impact roosting bats and hawks. Feasible actions to protect native Hawaiian rights: The natural and cultural resources related to traditional and customary cultural practices are easily accessible from the park, such that the proposed project will only aim to improve that access and use. Given the fact that the applicant is committed to providing improved public facilities, the development should have minimal potential for adverse impacts to cultural resources or the various cultural resource users. The quality of the Kolekole Stream (used for gathering) will be protected by project design considerations that include redirecting shower runoff away from the stream, improving drainage and stormwater controls, and providing upgrades to the septic and potable water systems. Conditions will be included in the approval to minimize impacts to any endangered or threatened flora and fauna found within the park boundaries, including, but not limited to stream and ocean resources. Based on the above findings, it is determined that the proposed development will not have any 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 relating to the Special Management Area. Approval of this request is subject to the following conditions: I. The applicant, its successor or assigns shall be responsible for complying with all stated conditions of approval. 2. The applicant shall secure a Conservation District Use Permit (CDUP) or other appropriate approval from the Department of Land and Natural Resources g- DLNR) Office of Conservation and Coastal Lands (OCCL)or the Board of Land and Natural Resources (BLNR)prior to beginning work. 3.Construction of the proposed facility improvements shall be substantially completed within 10 years from the effective date of this permit. Prior to commencing construction, Final Plan Approval for the proposed development, as represented in the plans submitted with the application, shall be secured from the Planning Department in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and proposed structures, fences, signage, water sources (potable and non-potable), wastewater systems, fire protection measures, paved driveway access and parking stalls, outdoor lighting(if any, lighting must be shielded with light directed downwards), and other improvements associated with the proposed development. 4. The applicant shall comply Hawaii Revised Statutes, Section 205A-30.5 related to the use of artificial light on shoreline and ocean waters. 5. No nighttime construction shall occur during the seabird fledgling season, from September 15 to December 15 each year. 6. The method of sewage disposal shall meet with the requirements of the Department of Health. 7.During construction, measures shall be taken to minimize the potential of both fugitive dust and runoff sedimentation. Such measures shall be in compliance with construction industry standards and practices utilized during construction projects of the State of Hawaii. 8. All Best Management Practices (BMPs) outlined in the application shall be adhered to, including, but not limited to, eliminating storage of construction material and debris within 50-feet of Kolekole Stream. 9.All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. All earthwork and grading shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawai`i County Code. 9- 10. The applicant shall comply with Chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires an NPDES permit for certain construction activities. 11. Should any drywells be installed, the applicant shall implement the best management practices contained in the State Office of Planning's Low Impact Development-A Practitioner's Guide, for storm water management to minimize the impact of the proposed development on the existing area's hydrology while maintaining on-site infiltration and preventing polluted runoff from storm events. 12. The applicant(s) shall ensure that excessive siltation and turbidity are contained or otherwise minimized through the use of silt containment devices or barriers. 13. No clearing of woody vegetation taller than 15 feet will be permitted from June 1 to September 15 ofeach year to protect the Hawaiian hoary bat. 14. All land clearing and tree trimming/removal conducted between the months of March and September shall include a pre-construction hawk nest search by a qualified ornithologist using standard methods. If Hawaiian hawk nests are present on or directly adjacent to the park, no land clearing or large tree removal will be allowed until October 1 of any given year. 15. In the unlikely event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g., rock walls, terraces, platforms, etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work, cease work in the immediate vicinity of the find, protect the find from additional disturbance and contact the State Historic Preservation Division at (808) 933-7651. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. 16. The applicant shall comply with all applicable County, State and Federal laws, rules,regulations, and requirements. 17. An extension of time for the performance of the conditions contained herein 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 10- foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result oftheir fault or negligence. b) Granting of the time extension would not be contrary to the original reasons for the granting of the permit; and c) The time extension granted shall be for a period of not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended up to one additional year). 18. Should any of the conditions not be met or substantially complied with in a timely fashion,the Planning Director may initiate procedures to revoke the permit. 11-