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HomeMy WebLinkAboutAlternative Recommendation Submitted by Applicant (SPP-21-000222)Kay, Christian From: John Pipan <john@landplanninghawaii.com> Sent: Wednesday, April 14, 2021 10:06 AM SOH ^L a N.i`'i¶ DEPT APR 1Y To: Kay, Christian;Jackson, Maija; Darrow, Jeff 40-12021 Cc:LPCtestimony Subject: Recommendation Response and Alternative Attachments: Hickey- PD Rec Response(2021).pdf Aloha All, Based on my conversation with Jeff yesterday I have drafted an alternative, positive recommendation for the Planning Commission's consideration. It is not my intent to confuse Commissioners with conflicting Recommendations but it is my understanding that this happens from time to time. I hope these can get to the Planning Commission with enough time for their review. Best, John Pipan Planning Administrator Land Planning Hawaii LLC 194 Wiwoole St, Hilo, HI 96720 808)333-3391 PLANNING 0 HAWAII LLC 1 141120 LAND'•r' ; y 194 Wiwoole St. Hilo, HI 96720 PLANNING 808) 333-3393 info@landplanninghawaii.com HAWAII LLC April 14. 2021 Mr. Jeffrey Darrow, Deputy Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Darrow: Subject:Recommendation Response—Errata and Alternative Special Permit Application (SPP 21-000222) Applicant: Douglas and Kathryn Hickey Holualoa,North Kona, Hawaii TMK: (3)7-6-002: 028-0001 We are in receipt of the Deputy Director's Recommendation for denial of the Hickey's request for a Special Permit to build and operate an event venue on their property. Please see the following comments for details relating to errors and inconsistencies in the Recommendation. We respectfully request these items be addressed. Also we have provided an alternative Positive Recommendation for the consideration of the Planning Commission. It is our hope that this alternative interpretation will provide balance and contrasting perspective. The supplied Positive Recommendation also includes conditions proposed for the use should the Special Permit be approved. Errata and requests for review/revision: P.3 The grounds for approving a Special Permit are based on Rule 6-7 in the Planning Commission Rules. The rule pertaining to Special Permits is actually 6-6. P.4 From (HRS) §205-2"In the establishment of the boundaries of agricultural districts the greatest possible protection shall be given to those lands with a high capacity for intensive cultivation;" The soils on the property are classified"Poor" by the Land Study Bureau classification system. Also the Permit Area is classified by the ALISH system as 1 LAND'. i 194 Wiwoole St. Hilo, HI 96720 PLANNING .1 808) 333-3393 info@landplanninghawaii.com HAWAII LLC Other" important agricultural land, which are lands of statewide or local importance for the production of food, feed, fiber and forage crops. These lands can be farmed satisfactorily by applying greater inputs of fertilizer and other soil amendments, drainage improvements,erosion control practices, flood protection and produce fair to good crop yields when managed properly. Prime ALISH land would better fit the guidance in HRS § 205-2 as Prime Agricultural Lands is land best suited for the production of food,feed, forage and fiber crops. The land has the soil quality, growing season, and moisture supply needed to produce sustained high yields of crops economically when treated and managed, including water management, according to modern farming methods. Further, this section of HRS is guidance for establishing the boundaries of agricultural districts, not for evaluating Special Permit Applications. The area is already designated Agricultural by State and County regulations and the proposed use should be evaluated against the criteria for Special Permit approval. P. 4 The intent of those added income producing activities is that they will be secondary and accessory to a working farm use. Having the proposed event venue be the primary income- generating use of the CPR Unit is not consistent with the intent of the State land use laws for lands in the Agricultural District. This is a restatement of a previously retracted objection in the recommendation for the previous Special Permit Application. Section 25-4-15 Agricultural Tourism(d) 6) states: Gross revenues from agricultural tourism shall not exceed the gross revenues of the associated agricultural activity and/or agricultural processing facility, including revenues from adjacent parcels under the same ownership... However, 25-4-15 (c)states:Agricultural tourism activities in A, FA, IA, RA, and APD districts that do not conform to section 25-4-15(d)shall obtain a special permit in the state land use agricultural or rural districts, or a use permit in the state land use urban district. 2 LAND'• 194 Wiwoole St. Hilo, HI 96720 PLANNING * 808) 333-3393 info@landplanninghawaii.com HAWAII LLC The stated restriction on income of the any agricultural tourism components does not apply to those operations seeking Special Permit Approval. Further the proposed use was and would continue to be secondary and accessory to the farm use of the property. The Special Permit Area would total approximately 2 acres including driveways, parking areas, and the area surrounding the applicants farm dwelling. The remaining 18 acres would support not only the 8 acres of coffee orchard, but also fruit trees, garden plots, chickens and grazing animals on the remaining 10 acres. Further, no such requirement has been made of other requests for Special Permit applications for similar wedding venue uses. Please reference Special Permit Application SPP20-000219 Approved in October of 2020. The proposed use would not detract from the agricultural use of the land, in fact it would support it as evidenced by the previous track record of the event hosting use. The applicants continued to develop and maintain their land in agricultural use as it was integral to the success of the venue. Their business is called "Sunshower Farms" not"Sunshower Estates". The applicants even purchased a specialized high- capacity shredding machine to incorporate the food and paper waste from events into soil building compost. In fact, a great counter argument was provided in the recommendation for approval for the event venue approved in October 2020.Although the granting of the Special Permit would permit the continuation of some non-agricultural uses on the property i.e., weddings, community events, vacation rentals), the existing and proposed uses include traditional farming components which are far more relatable to the agricultural district than farm dwellings constructed on large agriculture parcels where no agriculture is being conducted. The proposedfunction of the Guest Ranch will meet the needs of the existing community by providing community support and opportunities for gathering as well as cultural opportunities for the area relating to the long history of ranching in Kohala. 3 LAND' ` ~• 194 Wiwoole St. Hilo, HI 96720 PLANNING 808) 333-3393 info@landplanninghawaii.com HAWAII LLC Simply replace"Guest Ranch"with"Event Venue"and"ranching in Kohala"with coffee farming in Kona"and you see a much different perspective. Further,the Hickey's proposed use does not request vacation rentals and is much smaller in scope than the approved Special Permit. In fact, many of the petitioners opposed to this Special Permit application have no apparent agricultural use of their land. Denial of this Special Permit application would potentially further the conversion of productive farmland into large rural estates as the Hickeys would be forced to sell their property. In effect denial of this Special Permit application would favor non- agricultural residential use of the area should the new owner not choose to continue the coffee operation. P. 4 (B) The desired use would adversely affect surrounding properties. Neighbors have provided written public testimony raising concerns about traffic safety, liability issues and flooding of the private access roadway, Waiono Ranch Road. The Planning Director[sic]agrees with these concerns as there will be a substantial increase in traffic on this roadway if the proposed use is established. Firstly, this should read Deputy Director. Since much is being made of the anticipated impact of venue generated traffic we will reiterate here the actual anticipated impacts based on the Traffic and Road Assessment: Modest peaks in existing traffic were observed between 6 AM and 7 AM and between 3 PM and 4 PM. The proposed venue would not affect the AM peak traffic at all as no trips are anticipated to the venue before 9 AM. The venue generated traffic would represent an increase from 25 to 28 peak hour trips(a 12% increase). 4 LAND,'194 Wiwoole St. Hilo, HI 96720 PLANNING .1 808) 333-3393 info@land p 1 an n i nghawaii.com HAWAII LLC Overall,24 hour observed traffic on Waiono Ranch Road averaged 237 vehicles. The proposed venue would add at most 20 vehicles to this total representing an 8.4% increase. Weekly existing average trips total 1659, adding two event generated vehicular trips to this total represents a 3.0% increase. The maximum potential trips per week for the proposed use would result from tour events and this would represent a 4.9% increase. These impacts are well defined,constrained by the proposed limits of the venue and in no case should be considered as substantial or significant.The absolute orst-case scenario permitted would contribute 5% more trips during a week or K% increase in a day. Additionally,the anticipated impact of an increase in 3 pcak hour trips generated is much less than the 50 trip trigger for the preparation of a IIAR. Despite the failure of previous commitments to improve Waiono Ranch Road to materialize,the Hickeys have committed to performing all the mitigations suggested by Island Engineering LLC in their Traffic and Roadway Assessment should the Special Permit be granted. Further,the Hickeys have also committed to improving the intersection of Waiono Ranch Road with Mamalahoa Highway as required by the Department of Public Works.The applicants have requested a two-year period to perform those improvements.Further,the applicants are amenable to a requirement that all road improvements be completed prior to resumption of events at the property.The applicants have shown a willingness to do whatever is necessary(short of improving the entire road to dedicable standards)to ensure there is no significant impact from the proposed use. Regarding the question as to whether the Hickeys can make improvements to the road; legal opinion from the Hickey's Counsel,Alan Tuhy, stated that"they have the right and ability to make repairs and maintain the roadway consistent with its 5 LAND' f i 194 Wiwoole St. Hilo, HI 96720 PLANNING 808) 333-3393 info@landplanninghawaii.com HAWAII LLC reasonable use."And, due to there being no Road Maintenance Agreement in place for Waiono Ranch Road, all improvements and maintenance to the road has always been done(and will continue to be done unless an RMA can be agreed to)by individual easement holders. Further,the applicants would accept a condition requiring road improvements be completed prior to resuming hosting events. Since there is still concern regarding the potential for liability among the neighbors the applicants are offering to include all easement holders on Waiono Ranch Road as additionally insured parties in their liability insurance coverage. Further, the applicants are proposing to require all guests and vendors to sign liability waivers, relieving any neighbors of liability stemming from their visit to the Event Venue and use of Waiono Ranch Road. Finally, one petitioner mentioned a traffic accident with the Hickey's employee. Further clarification with Mr. Craven and the Hickeys detailed the incident involving a volunteer at the Hickey's farm becoming stuck on the side of the road and needing to be pulled out.No vehicle collision, damages, or injuries occurred. The proposed roadway improvements offered by the Hickeys would help to prevent future similar incidents by providing for pull off areas to allow for better flow of two-way traffic. P. 5 Particularly, the nighttime hours of operation up to 10:00 p.m. daily can be disruptive to neighboring properties. This statement mischaracterizes the requested use. The proposed operation will not be 10:00 p.m. daily. The maximum of 75 events per year gives an average of less than two days per week of operation and a requested maximum of four events per week(which would lead to other weeks in the year having no events). Further, in recognition of the remaining potential for impact and in consideration for the neighbors the proposed hours of operation are being reduced to 11AM to 9PM. 6 LAND'194 Wiwoole St. Hilo, HI 96720 PLANNING 0 808) 333-3393 info@landplanninghawaii.com HAWAII LLC P. 5 Noise impacts to surrounding properties related to the proposed use are a concern with weekly events consisting of 50-100 guests per event. This statement also mischaracterizes the scale of the use proposed. The typical event size for events falling in the lowest category (maximum of 50)will actually be closer to 20 or 25 guests.These events could occur at a weekly frequency as the requested use would schedule 50 of these smaller events per year. Only 25 of the proposed annual events will have more than 50 guests at an average frequency of less than twice per month. The applicants are also willing to reduce the capacity of their venue to a maximum of 50 guests for all events,but have hesitated to suggest that reduction so that they could serve the needs of their local community rather than primarily destination events. P. 7 ...the roadway owner(Waiono Meadows Ranch, LTD) Our latest research efforts indicate the owner of the roadway is Golden Bay International Co. LTD, a foreign corporation with offices in Canada. We have reached out to this company to discuss roadway improvement plans but have not received a response to date. The road was sold in 2002 by Waiono Meadows Ranch, LTD to Dykeswill LTD. The road was sold again in 2005 by Dykeswill LTD to Golden Bay International Co LTD. P. 13 In the lone mention of the word "Special Permit"in the KCDP,policy ENV-1.6, states that only on lands designated as Extensive Agriculture on the LUPAG Map, "... a special permit for an eco-tourism related or other non-agricultural related use may be considered provided the proposed project is consistent with the Kona Mauka Watershed Management Program... " The full sentence from the KCDP states On LUPAG Extensive Agricultural lands, a special permit for an ecotourism-related or other non-agricultural use may be considered provided the proposed project is consistent with the Kona Mauka Watershed Management Program and reviewed by the Design Center. This does not read"only on"as stated in the 7 LAN[) r " = T 194 Wiwoole St. Hilo, HI 96720 PLANNING .1 808) 333-3393 info@landplanninghawaii.com HAWAII LLC Recommendation and is an important difference. Further the Commission is reviewing another Special Permit on this very same agenda for lands not classified as Extensive Agricultural lands and no such inconsistency with the KCDP is mentioned in the Positive Recommendation for that application. While each application is unique, the system for evaluating the applications against the established criteria should be consistent. These issues are too important and affect too many people to allow different standards to be applied to different projects based on which planner an application is assigned to by chance. Further, throughout the Recommendation and in the circulated petition the false impression is given that all property owners along Waono Ranch Road oppose the proposed Event Venue. However,that is not the case. Three neighbors (two properties)along Waiono Ranch Road including the neighboring parcel on the mauka side (Allison Naito)and directly across Waiono Ranch Road(Thorntons) have submitted testimony in support of this application. Unfortunately,there wasn't enough time for a more thorough review of the Deputy Director's Recommendation. However,the noted errors and mischaracterizations of the proposed use underline the need for review and a fresh perspective on the conclusions of the Recommendation. To that end we have drafted a Positive Recommendation for your review and consideration. Sincerely, JOHN PIPAN Project Administrator Land Planning Hawaii LLC Enclosure Copy—Douglas and Kathryn Hickey 8 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION DOUGLAS AND KATHRYN HICKEY SPECIAL PERMIT APPLICATION No. 21-000222 (SPP 21-000222) Upon review of the request against the guidelines for granting a Special Permit. the Deputy Planning Director is recommending that the Special Permit to legitimize the establishment of a venue for weddings and similar gatherings on an approximately 2-acre portion of a 20-acre condominium property regime unit of an 80-acre property situate in the State Land Use Agricultural District be approved by the Leeward Planning Commission. Since this recommendation is made without the benefit of public testimony,the Deputy Planning Director(Deputy Director) reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. Please note,as the Planning Director previously represented the applicant as a private planning consultant,the Deputy Director is providing this recommendation. This approval recommendation is based on the following findings: The applicants have applied for a Special Permit to construct and operate a venue for weddings and similar gatherings with associated improvements on a 2.0-acre portion of 20-acre CPR Unit 1 within an 80-acre property consisting of the following components: The applicants propose to construct a new,3,000 square foot event venue structure situated south of the existing farm dwelling.The structure will consist of approximately 1,300 square feet of enclosed space, including a 211 square foot dance hall"space,four bathrooms,a catering preparation and service area,two(2) wedding party dressing rooms and two utility/linen storage rooms. The remaining 1,700 square feet of space will consist ofa covered lanai.The applicants propose to complete construction within one(1)yearof receiving all the necessary planning and building permits.The estimated costofthe proposed venue and related improvements is $300.000. The applicants propose to hold no more than 75 events per year or an average 1 of fewer than two(2)events per week with a maximum of four(4) events per week. According to the applicants, fifty (50)of the proposed annual events will have fifty (50)or fewer guests,twenty(20)of the proposed annual events will have eighty(80)or fewer guests and five(5)of the proposed annual events will have up to one hundred(100)guests. No food preparation will be allowed for events on the CPR unit, instead food will be brought by the guests or provided by caterers or food trucks. Alcohol will be permitted at events but not provided by the applicants. No amplified music will be allowed outdoors. Music and dancing will occur within the enclosed,211 square foot"dance hall" portion of the proposed venue. A Public Address system may be used in ceremonies so that attendees may hear the officiant and other speakers. Such a system would have established volume limits monitored by decibel meters that will be installed on property boundaries and will provide alerts to the applicants and be logged to ensure compliance with acceptable residential noise levels. Furthermore, the applicants propose planting screening vegetation that will further reduce noise and light impacts to surrounding properties. The applicants propose to limit traffic to 20 vehicles per event inclusive of vendors and shuttle vans or minibuses for guest transportation. The applicants request to continue to use the grounds of the permit area(but not the applicant's home)with temporary event tents and port a potties, to accommodate up to 10 rescheduled and already reserved events, until construction of the wedding venue structure is completed, but not prior to roadway improvements being completed. The applicants will continue to live on site in the existing farm dwelling. The applicants expect to have three to five full-time employees for the events venue. Events will occur between 11:00 AM and 10:00 PM by reservation.No overnight accommodations are proposed. Events will be limited to weddings, vow renewals, community, and charity 2 events. Examples of community events include Donkey Mill Art Center fundraisers, luncheon for the Kona Coffee Pageant, Hope Services Hawai'i dinner, and school field trips to learn about farming. Approximately 5%of events annually are planned to be community and charitable events. The applicants have been operating an event venue out of their home on CPR Unit I for about three (3)years without a Special Permit, and without complaints from neighbors. Upon learning of permitting requirements for the operation of the event venue the applicants stopped taking reservations while pursuing a Special Permit. Additionally,all previously scheduled events have been postponed indefinitely due to the COVID-19 pandemic. The grounds for approving a Special Permit are based on Rule 6-6 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,Hawaii Revised Statutes,as amended. The proposed use is an unusual and reasonable use of land situated within the State Land Use Agricultural District and would promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes(HRS),as amended. In recognizing that lands within the 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. In addition,the State Land Use Law and Regulations are intended to preserve,protect and encourage the development of lands in the State for those uses to which they are best suited in the interest of the public health and welfare of the people of the State of Hawaii. In the case of the Agricultural District, the intent is to preserve or keep lands of high agricultural potential in agricultural use. The land on which the proposed use will be located is classified as"D"or"Poor" for agricultural productivity by the Land Study Bureau, however, historically the property has been used for coffee farming which is common in the Kona coffee belt. The Special 3 Permit area is limited to 2 acres including the grounds of the applicants' farm dwelling and related driveway and parking areas. The soils in the area proposed for the venue are thin and underlain by solid pahoehoe flows, limiting their potential for productive agriculture. Further,the remaining 18 acres on the CPR unit will continue to be used for agricultural pursuits. Although the granting of the Special Permit would permit the continuation of some non-agricultural uses on the property (i.e., weddings, community events),the existing and proposed uses include commercial farming components which are far more relatable to the agricultural district than farm dwellings constructed on large agriculture parcels where no agriculture is being conducted. The proposed function of the Event Venue will meet the needs of the existing community by providing community support and opportunities for gathering as well as connection to a more authentic experience of Hawaii for visitors. Therefore,the approval of the proposed request will not have a significant adverse effect on the County's agricultural land inventory. It is determined that the proposed use is an unusual and reasonable use of land situated within the Agricultural District and will not be contrary to the objectives of Chapter 205, HRS,as amended. In addition to the above listed criteria, the Planning Commission shall also consider the criteria listed under Section 6-3(b)(5) (A)through (g). In considering the criteria, the Planning Director recommends as follows: A) Such use 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 in the State for those uses to which they are best suited in the interest of the public health and welfare of the people of the State of Hawai'i. The varied uses of the Special Permit area, which include animal husbandry and agriculture,are in line with the intended use of the Agricultural District of Kona and therefore the approval to establish a Event Venue on the property is not anticipated to have a significant adverse effect on the County's agricultural land inventory. B)The desired use would not adversely affect surrounding properties. Neighbors have provided written public testimony raising concerns about traffic safety, liability issues,and flooding of the private access roadway Waiono Ranch Road. The 4 applicants recognize the issue regarding the sub-standard nature of the roadway and have committed to making improvements for safety and usability that would benefit the community. Further,the applicants have committed to completing roadway improvements prior to resuming hosting events. Regarding liability, the applicants have also agreed to include all easement holders on Waiono Ranch Road as additionally insured parties in their liability insurance coverage. This is further addressed in the next criterion(C). Additionally,noise impacts from gatherings have been a concern of neighbors, however,the project site is sufficient size for adequate setbacks and buffers that will minimize any noise impacts. Additional mitigation methods to minimize noise, such as time constraints on events,noise monitoring systems, and extensive landscaping to block both views and noise to surrounding properties will be implemented as part of the approval. The proposed use should not generate noise in excess of levels that would be expected from normal agricultural and ranching operations that would otherwise occur on the property. The Planning Department has received several comment letters regarding the Special Permit application, both in support and against the proposed use. Further, the applicants have demonstrated considerable efforts to reach out to neighbors to address their concerns. However,to date requests for a meeting with neighbors(with one exception) have gone unanswered. The Deputy Director believes that the proposed mitigations and restrictions are sufficient to address the legitimate concerns expressed by neighbors. Based on the above discussion,the approval to establish an Event Venue on the subject property is not anticipated to adversely affect the surrounding properties and uses. 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 proposed Event Venue is accessed by Waiono Ranch Road, a private one lane with pavement width of twelve (12) feet and has grass shoulders. An intermittent stream crosses over the roadway surface at the 0.7-mile marker which has an abrupt grade change,causing vehicles to slowly maneuver the crossing,and there are several locations on the roadway with limited sight distance due to blind curves and hilly terrain along the roadway. According to the Department of Public Works,the intersection of Waiono Ranch Road and Mamalahoa Highway requires widening and sight distance 5 improvements and Waiono Ranch Road does not meet Fire Code requirements due to grade (15%+)and width(12 feet of pavement width instead of the minimum 20 feet required by the fire code). Additionally, significant public testimony has been submitted by neighbors citing concerns about traffic safety due to inadequate sight distance and the substandard condition of the roadway, liability issues if there is an accident on the private access roadway, and flooding of the roadway. Unless the road is widened to accommodate two- way traffic there will be a potential for increased traffic accidents due to the hills and turns that limit the ability for drivers traveling in opposite directions to see each other in advance. The applicants proposed to limit traffic to 20 vehicles per event, inclusive of vendors and shuttle vans or minibuses for guest transportation. In addition,to better understand and address the roadway safety concerns, the applicants conducted a Traffic and Road Assessment Report prepared in October 2020 by Island Engineering LLC, reporting existing traffic volume, and projecting increased traffic volume related to wedding events, detailing existing roadway and traffic safety conditions, and recommending mitigation efforts to reduce impacts to the road and maintaining roadway safety. The report recommended the following mitigation measures in order to increase safety and road integrity: Warning signs pertaining to steep grade, narrow road, and blind corners should be installed. Regrading of the road or installing a culvert at the stream crossing to allow smoother maneuverability. Installing paved pullouts along the roadway to allow for increased traffic safety. It is recommended to consult with an engineer to determine locations and design criteria. Informing residents that an event is taking place via notifications or by installing a temporary sign at the beginning of the road All wedding traffic should be limited to light duty (two-axle)passenger vehicles. The applicants have committed to implement these recommendations and intersection improvements as recommended by DPW prior to resuming hosting events, should the 6 Special Permit be approved. Further, in recognition of the liability concerns due to the proposed use of the roadway the applicants have committed to providing all easement holders on Waiono Ranch Road as additionally insured parties in their liability insurance coverage. Further, the applicants will require all guests to sign liability waivers, relieving any neighbors of liability stemming from their visit to the Event Venue and use of Waiono Ranch Road. The remaining question of legal ability of the applicants to make improvements to Waiono Ranch Road is addressed by conditioning the resumption of hosting events on the completion of roadway improvements.There is no Road Maintenance Agreement for this road and since subdivision, the easement holders have been unilaterally making improvements as needed. The owners propose to construct a septic system to address the wastewater requirements of the project. The system will be designed and constructed in accordance with the requirements of the State Department of Health. There is ample water storage capacity (approximately 100,000 gallons)on site that can be used for fire suppression purposes.The applicant will conform to Fire Department recommendations relative to the retention of adequate water storage on the property to meet firefighting requirements. Unusual conditions, trends,and needs have arisen since district boundaries and regulations were established.The property and surrounding areas are designated for agricultural use by both State and County land use laws. Through the issuance of a Special Permit,a community may establish various " non-agricultural" services that may not be available or allowed by zoning for its residents. The predominant use of most of the agriculturally zoned properties in Mauka Kona are more residential in nature and surrounding agricultural properties consist of low intensity pasture or coffee orchard uses. From an agricultural perspective,the proposed use is not significantly different from what surrounds it. The request to allow an Event Venue in this area is in line with the intent for allowing the issuance of a Special Permit. E)The land upon which the proposed use is sought is unsuited for the uses permitted within the district. The property is situated in the Kona Coffee Belt, an area known to be ideal for coffee production. Moreover,the applicants are actively farming coffee on an 8-acre portion of the CPR Unit and are practicing diverse agricultural uses 7 on the remaining 10-acres outside of the proposed Special Permit Area including animal husbandry,poultry and fruit production.The applicants also plan to plant an additional 4 acres of coffee orchard if the Special Permit is approved, as they will be able to support that investment with the Event Venue income. Although soils on the property are classified as"Poor"by the Land Study Bureau classification system, the Permit Area is classified by the ALISH system as"Other" important agricultural land,which are lands of statewide or local importance for the production of food, feed, fiber,and forage crops. These lands can be farmed satisfactorily by applying greater inputs of fertilizer and other soil amendments,drainage improvements, erosion control practices, flood protection and produce fair to good crop yields when managed properly. The requested area of the Special Permit is already mostly developed as the applicant's farm dwelling and supporting farm infrastructure and the proposed venue would be sited reasonably close to existing structures so as to concentrate those uses that are accessory to their farm use. Further, the area of the proposed development is situated atop a massive pahoehoe flow with little to no soil and is of very limited use agriculturally. F)The use will not substantially alter or change the essential character of the land and the present use. The essential character of the land is currently agricultural in that it is situated in the Kona Coffee Belt and there is an active coffee farm on 8 acres and diverse agricultural pursuits on another approximately 10 acres of the CPR unit. Additional agricultural infrastructure consisting of an existing farm dwelling and agricultural storage building with an attached coffee drying and processing area are present on the CPR Unit. Surrounding properties are similarly zoned Agricultural with a 20-acre minimum lot size(a-20a)and consist of forest, pastureland, coffee farms, and farm dwellings. Construction and operation of the proposed Event Venue and related improvements on the 2-acre Special Permit area proposed Special Permit activities will result in little change to the existing character, use,and style of the subject property with the planned mitigations for noise and light pollution and roadway safety improvements. The character of Waiono Ranch Road will improve somewhat from a deteriorated and potentially unsafe roadway to one better meeting safety standards and benefitting the entire community. G) The request will not be contrary to the General l'lan and official Community Development Plan and other documents such as Design Plans. The 8 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 of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and nonurban form for areas within the County. The area where the proposed request would be located is designated as Important Agricultural Land,which includes lands with better potential for sustained high agricultural yields because of soil type,climate, topography, or other factors. The proposed request will be preserving and utilizing the existing commercial farming operation to host special events for visitors and the community. The proposed request would complement the following goals,polices,and standards of the following elements of the General Plan(GP): Economic Goals: Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. This project aims to expand a Guest Ranch that incorporates education and history into guest experiences.The use of the site as a ranch and farm will continue which supports this goal. Provide and economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural, and social environments. This use of the property as a Event Venue has been ongoing for years; the legitimization of the use will not alter the overall character of the land, and therefore represents an opportunity to improve economic opportunities that are compatible with this goal. This is in line with one of the Economic Policies of the GP that aims to encourage the development of a visitor industry that is in harmony with the social physical, and economic goals of the residents of the County. Strive for an economic climate that provides its residents an opportunity for choice of occupation. This Event Venue is intrinsically an alternative to the large,well developed resorts and hotels that dominate the Kona Coast.The Event Venue will provide an alternative that not only is a different experience than a resort hosted venue but promotes the history and culture of the Kona Region. 9 Natural Resources Goals: Provide opportunities for recreational, economic, and educational needs without despoiling or endangering natural resources. The proposed Event Venue on the existing commercial farm would be established to host periodic events for the community, visitors, and residents.The only land disturbance will be contained within the 2.0-acre Special Permit Area that has already been developed and disturbed from many years of farming and farm residence use. Land Use Goals: The property is designated by the General Plan LUPAG map as"Important Agricultural Land". These are lands with better potential for sustained high agricultural yields because of soil type,climate,topography,or other factors. The first goal of the Land Use element of the GP is to designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. The proposed request aims to provide a mix of uses that not only fall in line with the agricultural district designation but providing community and visitor opportunities on the same parcel. One of the main assets of the proposed request will be to preserve, enhance, and showcase the agricultural character of the land. It will provide visitor opportunities to experience a legitimate commercial farm in operation and enjoy what Hawai'i has to offer while keeping with the social, cultural, and physical environments of this area of the County. Thus, the proposed request is consistent with the Economic,Natural Resources and Land Use elements of the General Plan. Nona Community Development Plan (KCDP): The sole reference to Special Permits within the Kona Community Development Plan says that On LUPAG Extensive Agricultural lands, a special permit for an ecotourism-related or other non-agricultural use may be considered provided the proposed project is consistent with the Kona Mauka Watershed Management Program and reviewed by the Design Center. If the project involves residential lots, then the Clustered Rural Subdivision Guidelines (Attachment C)should apply... The purpose of the watershed management program is to create an action plan 10 for preserving the ecosystem value of the watershed above the 1,500-foot elevation, however, to date this plan has not been created and the KCDP does not explicitly restrict Special Permits to LUPAG Extensive Agricultural lands. The proposed Event Venue is situated at approximately 2,400 feet and would be considered a high-level groundwater recharge area. The existing farm and proposed venue will not adversely affect the land's capacity for groundwater recharge. Further,the KCDP Policy Econ-2.1 states Explore and provide opportunities to support,promote or enhance Kona's agricultural industries. The proposed Event Venue would use the land in a manner intended to showcase the natural beauty of Kona while creating new event hosting options for visitors and residents, employment opportunities for the community, and diversity in agricultural pursuits. Therefore, the proposed use is consistent with the Kona CDP. The proposed use is not contrary to the objectives sought to be accomplished by Chapter 205A, Hawaii Revised Statutes, relating to coastal zone management program. There is no record of a designated public access to the shoreline or mountain areas traversing the property. Due to the project site's distance from the shoreline, the property will not impact any recreational resources, scenic and open space or visual resources,coastal ecosystems, and marine coastal resources. Based on the above consideration,the request to establish an Event Venue on the subject parcel would be an unusual and reasonable use of the land within the State Land Use Agricultural District, and would not be contrary to the objectives sought to be accomplished by the State Land Use Law Rules and Regulations. Approval of this request is subject to the following conditions: 1. The applicant(s), its successor(s)or assign(s) shall be responsible for complying with all the stated conditions of approval. 2. The applicant(s), successor(s) or assign(s)shall be responsible for complying with all requirements of Chapter 205, Hawai'i Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. 3. The applicant shall construct necessary water system improvements to provide an adequate amount of water for the proposed project as outlined in the application, which may include, but not be limited to: potable water storage tanks separate from any rainwater catchment systems. 11 4. Prior to hosting events at the property the applicant shall improve Waiono Ranch Road as detailed in the Special Permit Application and Traffic and Roadway Assessment Report prepared including, but not limited to: warning signs pertaining to steep grade, narrow road and blind corners, regrading of the road or installing a culvert at the stream crossing, install paved pullouts along the roadway to allow for increased traffic safety, pullouts will be designed in consultation with an engineer to determine locations and design criteria,residents will be informed that an event is taking place via temporary sign or notifications,all wedding traffic will be limited to two axle passenger vehicles. 5. Construction of the event venue shall be completed within three(3)years from the effective date of this permit. Prior to construction, the applicant(s), successor(s)or assign(s) shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawai`i County Code. Plans shall identify all existing and/or proposed structure(s), paved driveway access and parking stalls associated with the proposed development. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawai`i County Code. 6. The applicant shall improve the intersection of Waiono Ranch Road and Old-Mamalahoa Highway meeting the requirements of the Department of Public Works. 7. Upon written demand of the County of Hawai'i,the applicant,their assigns, or successors shall agree to participate and pay their fair share percentage of any improvement district adopted for the purpose of roadway improvements to Waiono Ranch Road. 8. The applicants, successors and assigns agree to participate in a road maintenance agreement and/or pay their fair share to maintain the roadway within the private right-of way. 9. A drainage study shall be prepared by a professional civil engineer licensed in 12 the State of Hawai'i and submitted to the Department of Public Works prior to issuance of a construction permit. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. 10. All earthwork and grading activity shall conform to Chapter 10, Erosion and Sediment Control of the Hawai'i County Code. 11. The method of sewage disposal shall meet with the requirements of the Department of Health for all proposed septic system improvements. 12. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. 13. 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. 14. The applicant shall submit a report to the Planning Director every year before the anniversary date of when this approval is granted. The report should describe the status of development and explain to what extent each condition of approval has been satisfied. The applicant should provide letters from the various agencies that verify compliance with a specific condition as an exhibit, such as a Certificate of Occupancy from the Building Division. This condition shall remain in effect until all of the conditions of approval have been completed and the Planning Director informs the applicant that further reports are not required. 15. Any complaints received by the applicant shall be forwarded to the Planning Director. The Planning Director shall investigate and, if necessary, suspend the permit. If the complaint(s) is not resolved,the Planning Director shall then refer 13 the matter to the Planning Commission to revoke the permit. Upon appropriate findings by the Planning Commission, if the applicants fail to comply with the conditions of approval or has caused any unreasonable interference or nuisance on the surrounding community,the permit may be revoked. 16. 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 properties. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the 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. 17. An initial extension of time for the performance of conditions within the ordinance may be granted by the Director upon the following circumstances: 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. a. Granting of the time extension would not be contrary to the General Plan or Zoning Code. b. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. c. The time extension 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). d. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the Planning Commission for appropriate action. 14 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. 15 ril 20032 Beach Blvd E, I Huntington Beach, CA 92648 Pet Vet 9/15/2020 Aloha Leeward Planning Commission, My name is Allison Naito and I own the property that borders the Hickey's on the mauka side. I have owned the property since 2017. I support the Hickey's special use permit for a wedding venue on their property. It is very hard for farmers to make enough money on farming alone. I use my property for cattle ranching and coffee farming, and I understand how challenging it can be to simply turn a profit, much less make enough to support a family. Kate and Doug have found a way to supplement their farming activities with a wedding venue that supports their family but it is in conjunction with their farming. They still do both - which is essential to preservation of our agricultural community. While I do understand the issues with the road and increased traffic surrounding their application, I think that the compromise offered by the Hickeys to ensure that no more than 20 cars come up at once for an event is sufficient. Mahalo for your consideration, Allison Naito 76-1391 Waiono Ranch Rd. petvetallison @yahoo.com