HomeMy WebLinkAbout02/10/21 PD RECOMMENDATIONRDPW AmendSPP09-084jma.02-10-21
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
COUNTY OF HAWAII DEPARTMENT OF PUBLIC WORKS,BUILDING DIVISION
AMENDMENT TO SPECIAL PERMIT (SPP 09-84)
Upon careful review of the applicant's request against the guidelines for approving an
amendment to a Special Permit, the Planning Director is recommending that the request 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.
This approval recommendation is based on the following findings:
The applicant is requesting a five-year time extension to comply with Condition No. 5
time to complete construction) of Special Permit No. 09-000084. The original project
included a Fire Administration Support Complex(FASC)to serve as the main,
centralized base of operations for the County of Hawai`i, including a Fire Administration
Building, Emergency Dispatch Building, Fire Preparation Building, Fire Preparation &
Training Building, Museum, Dormitory, Training Area, Warehouse, Fire Station, Radio
Tower for Emergency Dispatch Use, Site Infrastructure Utilities, Paved Parking Area and
Paved Access Roadway within a 50-foot-wide right-of-way on eastern boundary of the
site.
In addition to the request for a time extension, the applicant has proposed downsizing the
project to include:
Emergency Dispatch Building, which will house the personnel and equipment that
provide for the receiving and dispatching of emergency calls to all fire and police
units throughout the island and would be available 24 hours a day, 7 days a week.
This facility will be used jointly by Fire Department and the Police Department.
Site infrastructure utilities, a mechanical enclosure, an emergency generator, a
fuel tank, paved parking area(64 stalls) and paved access roadway within a 50-
foot-wide right-of-way on the eastern boundary of the site.
A 90 to 125-foot microwave radio tower is being considered to accommodate
radio and emergency dispatch requirements. A radio line-of-site study will be
done prior to construction to determine whether the tower is required.
Construction of a 1,000-square-foot dormitory.
The proposed project will cost approximately$32 million to construct and is
expected to commence in June of 2021 and last approximately 19 months. The project is
wholly funded by the County of Hawai`i.
The County of Hawai`i delayed construction of the proposed facility due to
unavoidable fiscal and operational constraints, necessitating a focus on higher priorities
on the Capital Improvement Projects (CIP) list. The County did not request a time
extension during the eleven years since the permit was issued. Nevertheless, according to
the applicant,the project remained an important goal for the County to optimize critical
operations of the Fire and Police Departments. In October 2019, the Department of
Public Works (DPW), on behalf of various County agencies, began active planning on
the Fire Administration Support Complex. In July 2020, after several months of design
and preparation, and in consideration that the COVID-19 situation would be of long
duration and would affect the County's budget for the foreseeable future, County officials
decided upon reducing the project to its most critical component, the Fire and Police
Dispatch Center, including a radio communications tower, a mechanical enclosure, an
emergency generator, a fuel tank, parking and space for a 1,000-square-foot future
dormitory. Aside from planning and design work, no permits were obtained, and no
construction has occurred on the subject parcel since September 21, 2009.
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 are
not the result of their fault or negligence. The County of Hawai`i delayed construction
of the proposed facility due to unavoidable fiscal and operational constraints,
necessitating a focus on higher priorities on the Capital Improvement Projects (CIP) list.
The delays have led to this time extension request. Therefore, the non-performance was a
result of conditions that could not have been foreseen by the applicant and are not the
result of the applicant's fault or negligence.
Granting of the time extension would not be contrary to the General Plan or
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
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coordinated growth and development ofthe County. It reflects a graphic depiction of the
physical relationship among the various land uses. The LUPAG Map establishes the
basic urban and non-urban form for areas within the County. The property is designated
Medium Density Urban, which is defined as village and neighborhood commercial and
single family and multiple family residential and related functions (multiple family
residential --up to 35 units per acre). The proposed use will enhance public safety in this
area of South Hilo and is consistent with the LUPAG designation. The proposed request
is consistent with the following policies of the Public Facilities Element of the General
Plan:
Continue to seek ways of improving public service through the
coordination of service and maximizing the use of personnel and facilities.
Coordinate with appropriate State agencies for the provision of public
facilities to serve the needs of the community.
Development of police and fire facilities should entail joint use structures
whenever feasible.
Additionally,the proposed request is consistent with the following course of action for
South Hilo under the Public Facilities-Protective Services Element:
Expansion of Police, Fire, and emergency medical facilities should be
considered in accordance with district needs.
Based on this information, the proposed use will not be contrary to the goals, policies,
objectives and actions of the General Plan.
Granting of the time extension would not be contrary to the original reasons
for the granting of the Special Permit. The original reasons for the approval of Special
Permit No. 09-000084 are still applicable today and the request is not contrary to these
reasons. Since the project has been significantly downsized from the original scope, the
impacts related to noise and traffic will be reduced. In addition, there is infrastructure that
is available to support the proposed project.
Based on the above considerations, the request for a 5-year time extension to
Condition No. 5 (time to complete construction) and for project scope reduction and
modification of Special Permit No. 09-000084 would not be contrary to the General Plan
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or Zoning Code nor the original reasons for granting of the permit. It is recommended
that the Planning Commission approve the request with the following changes to
conditions. (Material to be deleted is bracketed and struck-through; new material is
underscored):
1. The applicant, its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
2.Prior to the issuance of a water commitment by the Department of Water Supply,
the applicant shall submit the anticipated maximum daily water usage
calculations as recommended by a registered engineer, and a water commitment
deposit in accordance with the"Water Commitment Guidelines Policy" to the
Department of Water Supply within 180 days from the effective date of this
permit.
3. The applicant shall install a reduced pressure type backflow prevention assembly
within five feet of the meter on private property, which must be inspected and
approved by the Department of Water Supply.
4. The applicant shall make a concerted effort to work with the public, the
designers, the builders and the architects to address the concerns raised by the
public prior to submitting plans for Plan Approval.
5.Construction of the [ini4i.
al-
phase
f the] [ - -- -
and related improvement ] proposed development, [ • - •- . -- • - -• -
Administration Building, Emergency Dispatch Building, site infrastructure
utilities, paved parking ar a([106] 61 stalls), paved access roadway within a 50
foot right of way on the eastern boundary, and radio tower(if needed),] shall be
completed within five (5)years from the effective date of this [permit] amended
permit. Prior to construction, the applicant shall secure Final Plan Approval for
the proposed development from the Planning Director in accordance with
Chapter 25-2-70, Chapter 25 (Zoning Code), Hawai`i County Code. Plans shall
identify all existing and/or proposed structures, paved driveway access and
paved parking stalls associated with the proposed development. Landscaping
shall also be indicated on the plans for the purpose of mitigating any adverse
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noise or visual impacts to adjacent properties in accordance with the
requirements of Planning Department's Rule No. 17 (Landscaping
Requirements). Heavy landscaping shall be provided between the project site
and the abutting residential lots to the north. Additionally, the radio tower and
antenna plans shall be stamped by a structural engineer.
6. The applicant shall paint the tower and antennas, including future co-location
antennas, a color that will best blend the tower and antennas with its immediate
surroundings.
7. Co-location or any expansion on the tower and antennae shall be allowed within
the parameters of the building height and envelope as represented.
8. Prior to issuance of a Certificate of Occupancy of the future fire station, the
dt4veway,
8 Access shall be limited to the road lot identified as TMK: 2-4-001:178 for the
proposed development.
9. The applicant shall install streetlights and traffic control devices as may be
required by the Department of Public Works -Traffic Division. The applicant
shall be responsible for the design, purchase, and installation of such devices.
10. All development-generated runoff shall be disposed ofon site and shall not be
directed toward any adjacent properties. A drainage study shall be prepared and
the recommended drainage system shall be constructed meeting with the
approval of the Department of Public Works.
11. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control of the Hawaii County Code.
12. Sewer lines shall be connected to the County's sewer system meeting with the
approval of the Department of Environmental Management prior to the issuance
of a Certificate of Occupancy.
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13. A Solid Waste Management Plan shall be submitted for review and approval to
the Department of Environmental Management, prior to the receipt of Final Plan
Approval.
14. The applicant shall design all lighting associated with the proposed development
to be shielded downward. The applicant shall mount the lights on the shortest
poles possible, and that the poles do 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.
15. Should any 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 -
State Historic Preservation Division (DLNR-SHPD) shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
DLNR-HPD when it finds that sufficient mitigative measures have been taken.
16. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements, including the Federal Aviation
Administration and Federal Communications Commission.
17. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of enactment of this [permit}amended 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.
18. 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 of conditions that could not have been
foreseen or are beyond the control of the applicants, successors, or assigns
and that are not the result of their fault or negligence.
B. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
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C. 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.
Should any of these conditions not be met or substantially complied with in a
timely manner, the Planning Director may initiate procedures to revoke this permit.
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