HomeMy WebLinkAbout12_30_20 PD RECOMMENDATION (SPP 20-220)RKiryai.jma.12.7020
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
KIRPAL MEDITATION AND ECOLOGICAL CENTER,LLC
SPECIAL PERMIT APPLICATION NO. 20-000220 (SPP 20-000220)
Upon review of the request against the guidelines for granting a Special Permit,the
Planning Director recommends that the request to legitimize the operation of a meditation and
ecological center and retreat on 10 acres of land situated within the State Land Use
Agricultural District be approved by the Planning Commission. Since this recommendation is
made without the benefit ofpublic testimony,the Director reserves the right to modify and/or
alter this position based upon additional information presented at the public hearing. The
approval recommendation is based on the following findings:
Kirpal Meditation and Ecological Center, LLC is seeking a Special Permit to
legitimize the operation of a meditation and ecological center and retreat, including
instruction in meditation,yoga,health and fitness, and providing overnight
accommodations for up to 28 guests in 17 cabin-style units and 2 residential hales with
bathrooms. The applicant's proposal includes construction of a new 2,500 square-foot
50'x50') community building with a certified kitchen, community bath, shower facilities
and storage. In addition,the applicant is proposing to obtain building permits to convert
an existing hexagonal structure into a 289 square-foot(17'x17') meditation building,
convert an existing shed structure into a 190 square-foot yoga hale, convert two existing
1-bedroom structures into 900 square-foot residential hales with bathrooms, and convert
17 existing shed structures into cabin-style units of no greater than 500 square feet each.
The applicant intends to maintain the dwelling as the residence of the landowner.
According to the applicant's site plan, there are 18 unpermitted structures, including a
1,920 square-foot covered exercise area,two 1-bedroom residences, a 289 square-foot
hexagonal hut, a 256 square-foot hexagonal hut and sheds of various sizes. These
structures will either be permitted and converted into buildings for the proposed use,or
demolished. The applicant is proposing to offer 10 group retreats a year for
approximately 7 days per retreat. The retreat groups are proposed to average 15 people.
During the periods when retreats are not being conducted the applicant is proposing to
offer their cabins and hales to the public for overnight accommodations for up to 28
guests. The applicant will provide guests transportation to and from the Hilo Airport as
well as provide on-site parking for six guest vehicles.
The mission of Kirpal Meditation&Ecological Center, as envisioned by its
founder, Leonard Sussman, is: "For the weary Soul to rest from its entanglements,be
able to distinguish itself from the mind and enjoy inner peace."
The number of part-time and full-time employees will range between 4 and 12
employees,depending on the number of guests and activities.
The applicant is proposing that hours of operation for center activities will be
between 7:00 AM and 9:00 PM. Meditation and quiet time are mandated between 9:00
PM and 9:00 AM.
The grounds for approving a Special Permit are based on Rule 6-7 in the Planning
Commission Rules. It states that the Planning Commission shall not approve a Special
Permit unless it is found that the proposed use(a)is an unusual and reasonable use of
land situated within the Agricultural or Rural District, whichever the case may be; and(b)
the proposed use would promote the effectiveness and objectives of Chapter 205, Hawai`i
Revised Statutes, as amended.
The proposed use is an unusual and reasonable use of land situated within
the Agricultural District that would not be contrary to the effectiveness and
objectives of Chapter 205,Hawaii Revised Statutes, as amended.
In recognizing that lands within agricultural districts might not be best suited for
agricultural activities and yet classified as such, and in recognition that certain types of
uses might not 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. The subject property is 10 acres in size
and is situated within the County's Agricultural (A-la)zoning district. There is an
existing greenhouse on the property and the applicant will continue to cultivate small-
scale, sustainable agriculture. The request is unusual in that the proposed uses are not
strictly agricultural in nature. However,the proposed meditation and ecological retreat
center's activities will primarily occur in an area that has been previously cleared and
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improved, contained to approximately 30% of the subject parcel. Additionally, the
applicant proposes to encourage visitors to participate in agricultural cultivation of the
property, including a greenhouse, vegetable garden and fruit tree orchard. The remaining
70%of the subject parcel can be used for small-scale agriculture, thus the proposed use
will not diminish the potential for agricultural activity on the property. Therefore, it is
reasonable that this use be allowed in the Agricultural district. In addition to the above
listed criteria,the Planning Commission shall also consider the following criteria listed
under Section 6-3(b)(5) (A)through(G)of its rules of practice and procedure:
A) Such uses shall not be contrary to the objectives sought to be
accomplished by the Land Use Law and Regulations.The State Land Use Law and
Regulations are intended to preserve,protect and encourage the development of lands for
those uses to which they are best suited in the interest of the public welfare of the people
of the State of Hawaii. In the case of the Agricultural District,the intent is to preserve or
keep lands of high agricultural potential in agricultural use. The soils on the property are
classified by the Land Study Bureau's rating system as class"D"or"Poor"soils for
agricultural productivity and designated"Other"on the ALISH map. As the proposed
uses will be conducted in an area that has already largely been improved and established
for non-cultivatable activities (the existing single-family dwelling and its immediate
surrounding grounds), it will not displace any existing agricultural activity or diminish
the agricultural potential of the property.Therefore,the use will not adversely affect the
preservation and agricultural use of the County's agricultural lands ofhigh agricultural
potential and is not contrary to the objectives sought to be accomplished by the State
Land Use Law and Regulations.
B) The desired use would not adversely affect surrounding properties.
The surrounding parcels are zoned A-la and A-10a, with the smallest nearby
parcel being five acres in size. In the mid-1990's much ofthe surrounding land was
cleared and plowed for the conversion to papaya farming, including the subject parcel.
Prior to acquisition by the applicant in 2004, the subject parcel was cleared and plowed
again. Today the subject parcel and surrounding land consist of non-native shrubland and
forest consisting of a diverse array of invasive species and native plants. The majority of
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the surrounding lots are used for agriculture or are vacant and undeveloped, with few
permitted dwellings. There is a 777-acre vacant parcel ofland to the southeast, a 5-acre
parcel of land with a 500 square-foot storage structure to the west, and four vacant
parcels of land to the northeast,ranging in size from 10 acres to 71 acres. Much of the
surrounding area was inundated by lava during the 2018 eruption of Kilauea volcano and
the subject parcel is designated by the County of Hawaii as part of the Lava Recovery
Area. The proposed uses are not in close proximity to permitted dwellings and should not
adversely affect surrounding properties.
Most guests either stay on site or are able to walk to Pohoiki to enjoy ocean
recreation. The applicant estimates that the number of guest vehicles on site will not
exceed 6 on a daily basis and guest vehicle trips run between 0 to 2 per day, primarily
during daylight hours. Employee vehicle trips are anticipated to occur in the morning and
afternoon. Given the low traffic levels anticipated by the proposed use, the applicant does
not propose any road improvements beyond the County's existing plan to repair the upper
portion of Pohoiki Road.
Retreat activities will be primarily concentrated on the mauka portion of the
subject parcel. Additionally,the applicant has stated that meditation and quiet time will
be mandated between 9:00 PM and 9:00 AM. Conditions limiting the number of guests
and limiting noise will be added to mitigate adverse impact on surrounding properties.
C) Such use shall not unreasonably burden public agencies to provide
roads and streets, sewers,water, drainage, school improvements, and police and fire
protection.
The subject property is accessible from Pohoiki Road and by way of Highway
137 from the Kalapana area. The section of Pohoiki Road fronting the subject property
was not damaged in the 2018 lava flow,unlike upper sections of Pohoiki Road from the
Pahoa direction. The County of Hawai`i has recently announced that it will restore the
lava damaged sections of Pohoiki Road,which will provide better, quicker access to the
property from Pahoa. Pohoiki Road in the vicinity of the property consists ofpavement
sections 16 feet in width, with approximately 2-foot wide shoulders. The driveway
entrance to the property consists of gravel.According to the applicant, sight distance
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from the driveway access is good in both directions. The applicant will provide guests
transportation to and from the Hilo Airport as well as provide on-site parking for six
guest vehicles.
According to comments from the Fire Department, the access road and driveway
shall provide access to buildings and shall meet Fire Code requirements for Fire
Department Access Road (FDAR)width and surface. Fire Code requires,"...an
unobstructed width of not less than 20 feet with an approved turn around area if the
FDAR exceeds 150 feet." In addition,the applicant may need to provide a sprinkler
system, additional water storage, and a pump system to the proposed retreat facility as
required by the Fire Department. According to Fire Code, engineered plans for the FDAR
as well as engineered plans for any necessary sprinkler system and related fire
suppression improvements shall be submitted to the Fire Department for review and
approval prior to construction and operation of the proposed use. Conditions reflecting
these requirements will be added to this approval.
According to the Department of Water Supply(DWS), the parcel is not within the
service limits of the Department's existing water system. The applicant is proposing to
utilize four existing rainwater catchment tanks to support the proposed project operations;
however, the Department of Health Safe Drinking Water Branch does not support the use
of rainwater catchment systems for drinking purposes since the quality may not meet
potable water standards. According to the Department of Health(DOH), if the proposed
use meets the definition of a"public water system", serving 25 or more individuals at
least 60 days per year or has at least 15 service connections, the applicant shall be
required to meet minimum capacity requirements, including demonstrating that the
system will have satisfactory technical,managerial and financial capacity to enable the
system to comply with safe drinking water standards and requirements. Projects that
propose development of new sources of potable water serving or proposed to serve a
public water system must comply with the terms of HAR 11-20-29. According to the Fire
Department, additional water storage capacity may be required to meet fire code for fire
suppression purposes. Conditions reflecting these requirements will be added to this
approval.
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The subject property is not currently serviced by the County sewer system.
According to the applicant,wastewater disposal is currently through individual cesspools,
but will be upgraded to a leach field septic system design to handle its wastewater needs
which the Department of Health has approved. Per this proposal, one septic system will
serve a central area located in proximity to guest cabins and a community bathroom and
kitchen, and the other system will serve the two residence hales that have bathroom
facilities. A condition of approval will require that the applicant provide individual
wastewater system(s)meeting with DOH approval to accommodate the proposed uses.
According to the Department of Environmental Management—Solid Waste
Division, the applicant will be required to submit a Solid Waste Management Plan to the
Department of Environmental Management for review and approval. This will be added
as a condition of approval ofthis permit.
All essential utilities and services are available to the site. Fire and Police service
is located in Pahoa, approximately 20 miles from the site via Highway 137 through
Kalapana. When the upper portion of Pohoiki Road is opened up and repaired, services in
Pahoa will be just 7 miles away from the subject property. The nearest health facility is
Puna Community Medical Center in Pahoa.
D) Unusual conditions,trends,and needs have arisen since district
boundaries and regulations were established. In the 1960's and 1970's, the State's
agricultural district boundaries and regulations were established and subsequently
amended pursuant to HRS Chapter 205. The State Land Use Commission was created in
1961, and interim regulations and temporary district boundaries became effective in
1962. Subsequently,the regulations and Land Use District Boundaries became effective
in August of 1964. The property and surrounding areas are designated for agricultural
uses by both State and County land use laws. Through the issuance of a Special Permit, a
community may establish various non-agricultural uses/services that may not be available
or allowed by zoning for its residents. Since the district boundaries were established,
demand has increased for alternative health and wellness tourism for guests who seek a
more peaceful, remote environment as an alternative to resort venues. The proposed uses
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would meet this demand by providing visitors an opportunity to participate in wellness
retreats, classes and workshops in a remote, peaceful environment.
E) The land upon which the proposed use is sought is unsuited for the
uses permitted within the district. Soils within the permit area site are classified as"D"
or"Poor" for agricultural productivity and are classified as`Other"under the ALISH
map. These soils are most suitable for pasture use, and are unsuited for large-scale,
commercial agricultural uses permitted within the State Land Use Agricultural District.
With that being said, there is an existing greenhouse on the property and the applicant
cultivates small-scale agriculture.The property is not well-suited for intensive agriculture
on an economically viable scale, given the triangular shape and small parcel size.The
improved area of the site occupies approximately 30% of the subject parcel. Based on the
discussion above, the proposed uses will not diminish agricultural opportunities on the
subject property and thus will not adversely impact the agricultural potential of the land.
F) The use will not substantially alter or change the essential character
of the land and the present use. The essential character of the property and surrounding
area is agricultural with some residential uses. The applicant will continue to practice
and enhance small-scale sustainable agriculture. The improvements and activities are
screened from view by heavy perimeter vegetation,which will be maintained, and retreat
activities are consistent with the rural character of the neighborhood. The applicant's
development of the land has not required mass grading but has utilized the existing
topography and has been sensitive to the land and its character. Therefore, it is not
anticipated that the proposed use will substantially alter the essential character of the
area.
G) The request will not be contrary to the General Plan and Community
Development Plan (CDP) and Zoning Code.The Land Use Pattern Allocation Guide
LUPAG) Map component of the General Plan is a representation of the document's goals
and policies to guide the coordinated growth and development of the County. It reflects a
graphic depiction ofthe physical relationship among the various land uses. The LUPAG
Map establishes the basic urban and non-urban form for areas within the County. The
project site is identified by the LUPAG map as Important Agricultural Lands, which are
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lands with better potential for sustained high agricultural yields because of soil type,
climate, topography or other factors. As previously mentioned,the proposed request will
not displace any active or potential agricultural activity on the property. The proposed
request is consistent with the following goals and policies of the Land Use and Economic
elements of General Plan.
Land Use Element
Designate and allocate land areas in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
Encourage the development and maintenance ofcommunities meeting the needs
of its residents in balance with the physical and social environment.
Economic Element
Provide residents with opportunities to improve their quality oflife through
economic development that enhances the County's natural and social
environments.
Economic development and improvements shall be in balance with the physical,
social and cultural environments of the island of Hawaii.
Provide an economic environment which allows new, expanded,or improved
economic opportunities that are compatible with the County's cultural, natural and
social environment.
Strive for an economic climate which provides its residents an opportunity for
choice of occupation.
Encourage the development of a visitor industry that is consistent with the social,
physical and economic goals ofthe residents of the County.
The proposed request will allow the applicant an opportunity to improve their
quality of life, provide an economic environment that allows this new, economic
opportunity and increase the development of the wellness visitor industry for Hawaii.
According to Section 25-I-5(b) of the Zoning Code, a"lodge"means a building
or group of buildings, under single management, containing transient lodging
accommodations without individual kitchen facilities, and no more than forty guest
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rooms or suites, and generally located in agricultural, rural or other less populated areas.
The proposed Center meets this definition of lodge as 17 transient lodging
accommodations without individual kitchen facilities will be provided for guests on the
property, the Center will operate under single management, and the property is located in
an agricultural area. Accordingly, the proposed Center will not be contrary to Zoning
Code.
The request is not contrary to Chapter 205A,Hawaii Revised Statues,
relating to Coastal Zone Management. The property is located approximately half a
mile away from the nearest shoreline and will not be impacted by coastal hazards or
affect beach erosion, coastal ecosystems and marine resources. Additionally, it is not
located in the Special Management Area. There is no record of a designated public access
to the shoreline or mountain areas that traverses the property. The applicant is unaware
whether the subject permit area or immediate surrounding area was ever used for the
gathering of plants by native Hawaiians. However, the site has been historically used for
papaya farming and other agricultural uses and has had a single-family home on it since
2007. A draft Archeological Impact Statement was included with the application dated
September 2016. The AIS identified a single archeological feature onsite, a portion of a
rock wall, which is not being disturbed by the applicant's proposed land use. Based on
the preceding,the proposed use is not contrary to the objectives of Chapter 205A,
Hawaii Revised Statutes relating to Coastal Zone Management.
Lastly, this approval is made with the understanding that the applicant remains
responsible for complying with all other applicable governmental requirements in
connection with the approved use, prior to its commencement or establishment upon the
subject property. Additional governmental requirements may include the issuance of
building permits, the installation of approved wastewater disposal systems, compliance
with the Building Code and Fire Code, installation of improvements required by the
American with Disabilities Act(ADA), among many others. Compliance with all
applicable governmental requirements is a condition of this approval; failure to comply
with such requirements will be considered a violation that may result in enforcement
action by the Planning Department and/or the affected agencies.
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Based on the above considerations, approval of the request to legitimize the
operation of a meditation and ecological center and retreat on 10 acres of land situated
within the State Land Use Agricultural District would support the objectives sought to be
accomplished by the Land Use Law and Regulations.
Approval of this request is subject to the following conditions:
1. The applicant, its successors or assigns shall be responsible for complying with all
stated conditions of approval.
2.The operation ofthe meditation and ecological center and retreat and related
improvements shall be conducted in a manner that is substantially representative
of plans and details contained within the Special Permit Application dated
September 30, 2020. Any substantial expansion of the facility or uses beyond
what is represented in these documents shall require an amendment to this permit.
3. Prior to obtaining Final Plan Approval,the applicant shall either remove existing
structures from the yard setbacks or secure a yard setback variance from the
Planning Department. This special permit does not automatically grant a yard
setback variance to the subject property.
4.Construction of the proposed new buildings, conversion of the existing buildings
and related improvements shall be completed within five(5)years from the
effective date of this permit. Prior to construction, the applicant shall secure Final
Plan Approval from the Planning Director in accordance with the requirements of
the Zoning Code. Plans shall identify all existing and proposed structures,
landscaping, signage, fire protection measures,driveway access and parking
stalls, outdoor lighting(if anyy, and other improvements associated with the
proposed development.
5.Prior to commencement of the proposed use, the applicant shall secure and
finalize all required building permits from the Department of Public Works
Building Division for the meditation and ecological center and retreat facility,
including change of use building permits for existing structures to be used for the
proposed use.
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6. The applicant shall install, construct and maintain improvements for Fire
Department Access Road (FDAR) access to the subject property and fire
suppression improvements on the subject property, including but not limited to
on-site water storage, as required by the Fire Department. Upon successful
completion ofthe improvements and prior to the commencement of the proposed
use, the applicant shall provide the Planning Department documentation from the
Fire Department that the improvements meet Fire Code standards.
7. As represented by the applicant, retreat events shall be limited to 10 per year with
an average of 15 guests per event. Additionally, no more than 28 non-retreat
guests per day will be allowed during the time periods when retreats are not being
conducted.
8.As represented by the applicant, all retreat events shall occur between 7:00 a.m.
and 9:00 p.m. Meditation and quiet time are mandated between 9:00 PM and 9:00
AM.
9.Prior to the commencement ofthe proposed use, an individual wastewater
system(s) shall be installed, meeting with the standards and requirements of the
State Department ofHealth.
10. Weddings and concerts shall be prohibited on the property.
11. The applicant shall provide potable water from a system approved by the State
Department of Health to guests of the retreat facility.
12. The applicant shall secure a food establishment permit and construct a certified
kitchen meeting the requirements of the State Department of Health,prior to
commencement of meal service to guests. A copy of the permit shall be provided
to the Planning Department prior to commencement of the proposed use.
13. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to commencement of
the proposed use.
14. All earthwork and grading activity shall conform to Chapter 10, Erosion and
Sediment Control of the Hawaii County Code.
15. All development generated runoff shall be disposed ofon site and shall not be
directed toward any adjacent properties.
16. 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.
17. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
18. The applicant shall submit a final status report to the Planning Department once
all conditions of approval have been met. The report shall include,but not be
limited to, information proving compliance with the conditions of approval.
19. An initial extension of time for the performance of conditions may be granted by
the Planning Director upon the following circumstances:
A. Non-performance is the result ofconditions that could not have been
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 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 oftime,the
Planning Department shall submit the applicant's request to the Planning
Commission for appropriate action.
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20. Should any ofthese conditions not be met or substantially complied with in a
timely fashion, the Planning Director may initiate procedures to revoke the
permit.
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