HomeMy WebLinkAboutPD RECOMMENDATION REPORT (SPP-21-228) ASC SPP JMA 8_10 21
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
ARTS & SCIENCES CENTER
SPECIAL PERMIT APPLICATION (SPP 21-000228)
Upon review of the request against the guidelines for granting a Special Permit,the Deputy
Planning Director recommends that the request to construct and operate an elementary school
campus on an approximately 2.331-acre parcel situated in the State Land Use Agricultural District
be approved by the Planning Commission. Since this recommendation is made without the
benefit of public testimony, the Deputy 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 is requesting a Special Permit to construct and operate an elementary
school campus on an approximately 2.331-acre parcel of land within the SLU Agricultural
District. The applicant plans to lease the subject property from the landowner, 130
Holdings LLC. The proposed project will allow the Hawai`i Academy of Arts and Sciences
(HAAS) to consolidate its elementary campus, simplifying operations and better serving
the children. The applicant has proposed a phased development of the subject property,
with two phases to include the following:
■ Phase One: Two existing warehouse structures, labeled Buildings B and C on the
applicant's proposed site plan, will obtain building permits and certificates of
occupancy for a maximum of 175 students and 20 faculty. Building B will include
ten (10) classrooms, ADA compliant restrooms, and four (4) storage rooms totaling
approximately 6,000 square feet. Building C will include a kitchen, cafeteria, offices
and four (4) restrooms totaling approximately 4,000 square feet. Phase one will
include extension of a private waterline in order to provide county water to the subject
parcel in addition to construction of forty (40) parking spaces including three (3)
ADA compliant spaces, a one-way loop driveway, playgrounds and athletic fields
and installation of a 36,000-gallon catchment tank to store non-potable water.
■ Phase Two: A new building, labeled Building A on the applicant's proposed site
plan, will obtain a building permit and certificate of occupancy to accommodate an
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additional 125 students and 8 faculty, for a maximum total of 300 students and 28
faculty for the proposed use. Building A will include eight (8) classrooms, four (4)
restrooms and two (2) storage rooms totaling 6,000 square feet. Phase two will
include construction of a new septic system proposed for Building A,while all other
supporting infrastructure, such as water and parking,will be completed during Phase
One.
HAAS strives to produce citizens with the skills and desire to make the world a
better place. The mission of HAAS is to educate, enrich, and inspire the whole student to
thrive by understanding the past, navigating the present, and preparing for the future. The
school has weathered many challenges in the recent past with hurricanes, lava flows and
now the COVID-19 pandemic. While adapting to the challenges presented,the children are
learning valuable lessons about resiliency and persistence.
Phase One will be limited to 175 students and 20 faculty.Phase Two will be limited
to a total of 300 students and 28 faculty. The school will operate Monday through Friday
7:30AM to 3:30PM including pick-up and drop off times. Community meetings and events
(student performances)may be held at the campus periodically,no more than twice a month
on average. Community meetings or events would conclude by 9:OOPM.
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, 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 the State Land Use Law and Regulations and Chapter 205, HRS, as
amended. 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
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Agricultural District,the intent is to preserve or keep lands of high agricultural potential in
agricultural use.
The proposed placement of an elementary school campus on an approximately
2.331-acre parcel is unusual in that it is not an agricultural use of that property. The use is
reasonable in the Agricultural District because, having been previously cleared and
developed,the property does not have a high potential for agriculture and could better serve
the community through its use as a school. It is therefore determined that the proposed use
is an unusual and reasonable use within the Agricultural District and will not be contrary
to the objectives of 205A, 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
Deputy Planning Director recommends the following:
(A) Such use would 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 and 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 uses. The property is not considered to have
high agricultural potential from a resource perspective due to the soil type and its low
productivity rating, which is typically used for grazing pasture lands and not agriculture.
The property is not considered important agricultural land as the property's soils are
designated"E"or"Very Poor"for agricultural productivity by the Land Study Bureau Soil
Classification System and are considered "unclassified" by the Department of
Agriculture's ALISH Map. As evaluated above, the applicants' request is considered an
unusual and reasonable use of agricultural land that will not adversely affect the
preservation of lands with high agricultural potential in the County of Hawaii. Thus, the
establishment of the proposed use will not be contrary to the objectives sought to be
accomplished by the State Land Use Law and Regulations.
Regarding comments from the State Land Use Commission, in a letter dated July
27, 2021, the Planning Department supports a Special Permit in this case because it is
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limited to the proposed school use, as opposed to all permitted options if the property were
rezoned to commercial(CV)zoning.This area has historically been developed with Special
Permits rather than rezoning due to the challenges of implementing infrastructure, such as
water supply or road improvements,required for rezoning. Section 25-2-46 (n) of Hawaii
County Zoning Code allows for a waiver of water requirements for concurrency,but it only
applies to areas without a public water system. Since there is an existing county water line
nearby in Highway 130, the waiver would not apply to the subject parcel. Additionally,
there is no established improvement district to provide for surrounding landowners to share
costs for infrastructure improvements. For this reason, the Planning Department supports
a Special Permit rather than a State Land Use boundary amendment and rezoning for the
proposed use.
(B) The desired use would not adversely affect surrounding properties. Most
of the immediately surrounding properties are zoned Agricultural (A-3a) and are over one
acre in size. The area is characterized by a mix of farms, single-family residences, a
commercial center (Orchidland Estates Convenience Center), a church and vacant,
undeveloped parcels. The Orchidland Estates Convenience Center includes a convenience
store and gas station, in addition to Blaine's Drive-In and the Orchidland General Store.
Construction of a new school building in Phase Two will temporarily increase noise, dust,
and traffic and the operation of the school will increase noise and traffic. The closest
dwelling is located approximately 40 feet north of the site. As a condition of approval, the
applicant will be required to provide on-site parking and landscaping buffers in order to
minimize the effects of noise and dust that could be created by the school use upon the
surrounding area.Additionally,in order to address concerns raised by surrounding property
owners regarding existing agricultural uses, conditions will be added to protect the right to
farm.
(C) Such use shall not unreasonably burden public agencies to provide roads
and streets, sewers, water, drainage, school improvements, and police and fire
protection. Currently, there are improvements planned by the State Department of
Transportation for the Kea`au-Pahoa Road (Highway 130) including road widening,
improvement to intersections, and installation of roundabouts and/or traffic signals. A
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traffic signal is now in place at the intersection of Shower Drive,P6haku Drive and Kea`au-
Pahoa Road,which has alleviated traffic and allows for breaks heading southbound towards
Orchidland Drive. Kea`au-Pahoa Road improvements were recently completed at the
`Ainaloa Boulevard and Kea`au-Pahoa Road intersection, further south of the Orchidland
Drive intersection, with the installation of a roundabout and other operational and
multimodal improvements.
Traffic on Orchidland Drive is made up primarily of residents of the area and users of the
shopping/commercial area east of the parcel.The proposed use would generate an increase
in traffic to the subject site. A Traffic Impact Analysis Report (TIAR) was completed in
October 2020 by Island Engineering, LLC. The TIAR concluded that travel demand
management strategies planned by the applicants including offsetting school start time and
inter-campus shuttle vans would mitigate impacts due to the proposed development.
In addition to requesting the preparation of a TIAR, the State Department of
Transportation (DOT) suggested incorporating Travel Demand Management strategies,
such as adjusting school day schedules to avoid peak hours of traffic and encouraging the
use of carpools. Peak traffic due to the school use will occur primarily at the hours of
8:00 to 8:30AM and 2:30 to 3:OOPM,mirroring the start and end times of the school day.
These peak periods are at the shoulder of peak AM traffic and outside of peak PM traffic
times. Also, HAAS currently offers intercampus transportation between its various
locations in Hawaiian Paradise Park and Pahoa village. This service accommodates about
25% of the student body. These Traffic Demand Management Strategies will serve to
mitigate the potential impacts from the proposed use on area traffic concerns.
In a letter dated July 28, 2021, DOT reiterates their previous comments from May
6, 2021,that the revised Traffic Impact Assessment Report is acceptable,no improvement
to the State highway right-of-way is required by the applicant, and the HDOT plans to
construct a roundabout at the Orchidland Drive and Kea`au Pahoa Road intersection to
improve traffic conditions.
The subject parcel is accessed via Orchidland Drive, approximately 1,000 feet west
of the intersection of Orchidland Drive and the Kea`au-Pahoa Road. The project does not
propose to take access from 34th Avenue. Orchidland Drive is privately owned and
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maintained by the Orchidland Community Association (OLCA). Orchidland Drive is a 60-
foot wide right-of-way with a pavement width of approximately 28 feet at the intersection
with Kea`au-Pahoa Road. The pavement width narrows to approximately 24 feet at the
point of access to the subject parcel. The applicant is proposing a U-shaped one-way
driveway serving as the main entrance connecting to Orchidland Drive. Consultation with
the Department of Public Works suggested implementing a school zone along Orchidland
Drive with appropriate signage per the Manual on Uniform Traffic Control Devices. This
work is planned to be coordinated in consultation with the OLCA. Orchidland Estates has
varied portions of paved, gravel and dirt roads. Maintenance of the roads are funded
through mandatory road maintenance fees charged to landowners of the subdivision.
OLCA has provided a letter of support for the proposed campus. In recognition of the
deteriorated condition of lower Orchidland Drive, in early 2021, OLCA approved
Commercial Mandatory Road Maintenance Assessments for 2021-2022 of$2,000 for the
five commercial users along lower Orchidland Drive (including the subject property).
These assessments will help to renew and continue timely maintenance of the heavily used
section of Orchidland Drive.
The subject property is not currently serviced by the county water system.
However, the applicant plans to extend a private water line across Orchidland Drive from
the master meter located on parcel number 1-6-009:388. After reviewing water demand
calculations prepared by Island Engineering,LLC,DWS has confirmed that the existing 2-
inch master meter is adequate to accommodate the additional demand of 17 units of water
at 400 GPD, per unit. DWS has requested that the applicant pay a water commitment
deposit in order to formally issue a water commitment for the proposed use. According to
the applicant, they will extend the existing waterline to provide the subject property with
adequate county water for the full proposed development, including for phase two.
Additionally, the applicant has stated that they will comply with all requirements of the
Fire Department for providing adequate access and sufficient quantities and flow rates of
water for fire suppression, including installation of a catchment system to store 36,000
gallons of water.
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Currently each of the two existing buildings are served by an individual
wastewater system (IWS) capable of handling 2,500 gallons of wastewater per day. Since
the subject property is not served by the County sewer system, the applicant proposes the
construction of another IWS for the proposed third building. Wastewater calculations for
the proposed use were prepared by an engineering firm contracted by the applicant.
According to these calculations, the anticipated water demand for, and wastewater
generation from, the proposed use is 6,560 gallons per day, below the DOH maximum of
7,667 gallons per day for the parcel.
(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 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 services that may not be available or allowed by zoning.
Since district boundaries were established in the 1960's,the population of the Puna District
has grown substantially and the establishment of community services, such as schools,has
not been able to keep pace with this growth. The State Land Use Commission has not
designated new urban lands where these community services can be established,therefore,
a Special Permit is the only way to provide these much-needed services to the community.
(E) The land upon which the proposed use is sought is unsuited for the uses
permitted within the district. The proposed use is situated on lands whose soils are
classified as "E" or"Very Poor" for agricultural productivity by the Land Study Bureau's
Overall Master Productivity Rating. The Department of Agriculture's ALISH map does
not classify the subject property as having any agricultural importance. In this case, the
land is unsuited for agricultural activities and yet is classified for such uses. The existing
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uses of the area include only pasture or grazing and as such no lands of high agricultural
potential will be removed with the approval of this request.
(F) The use will not substantially alter or change the essential character of the
land and the present use.The surrounding area is characterized by a mix of farms, single-
family residences, a commercial center(Orchidland Estates Convenience Center),a church
and vacant, undeveloped parcels. The Orchidland Estates Convenience Center includes a
convenience store and gas station, in addition to Blaine's Drive-In and the Orchidland
General Store. In order to mitigate any adverse noise or visual impacts to adjacent
properties, a condition will be added that requires a landscaping buffer conforming with
standards for separation of a residential zone from a commercial zone.
(G) The request will not be contrary to the General Plan and official
Community Development Plan and other documents such as Design Plans. The
County of Hawai`i's General Plan is the policy document for the long range comprehensive
development of the island of Hawaii. One of the purposes of the General Plan is to guide
the pattern of future development in this County based on long-term goals. The General
Plan Land Use Pattern Allocation Guide (LUPAG) Map designates the property and
proposed Special Permit area as Rural. This category includes existing subdivisions in the
State Land Use Agricultural and Rural districts that have a significant residential
component. These subdivisions may contain small farms, wooded areas, open fields as
well as residences. Allowable uses within these areas, with appropriate zoning, may
include commercial facilities that serve the residential and agricultural uses in the area, and
community and public facilities. As the use can be considered a public facility that serves
the community in the area,the request will not be contrary to the LUPAG Map designation
for this area. Additionally,the approval of the subject request would support the goals and
policies of the Public Facilities, Land Use and Economic elements of General Plan.
Public Facilities
• Improve basic school facilities to meet current standards.
Economic
• Support all levels of educational, employment and training opportunities and
institutions.
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• Provide an economic environment that allows, new, expanded, or improved
economic opportunities that are compatible with the County's cultural,natural, and
social environment.
Land Use
• Designate and allocate land areas inappropriate proportions and mix and in keeping
with the social, cultural, and physical environments of the County.
• Encourage the development and maintenance of communities meeting the needs of
its residents in balance with the physical and social environment.
The proposed use is also consistent with the Puna Community Development Plan
(PCDP). The subject parcel is located within the projected Orchidland Neighborhood
Village Center, an area identified by the PCDP as "located along Orchidland Drive from
Highway 130 to halfway between 34th and 35th Avenues", which encompasses 15 parcels
and an area of about 16 acres. A goal of the PCDP is to "facilitate land use entitlements
and other tools for the development of existing and future village/town centers and special
design districts by recommending approval of applications for commercial zoning or use
permits...for proposed uses at appropriate nearby locations,provided that the size and use
of the expansion area confirms to the criteria applicable to the type of village/town center
at that location."
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.The Special Management Area(SMA)is part of the Coastal Zone Management
Program regulated by the County. The subject property is not proximate to the shoreline
and will not be impacted by coastal hazards or affect beach erosion, coastal ecosystems
and marine resources. Additionally, the project site is not located in the SMA, and there is
no record of a designated public access to the shoreline or mountain areas that traverses
the property. According to the applicant, no valued cultural or natural resources exist on
the property and there is no evidence of any traditional and customary Native Hawaiian
rights being practiced at the site.
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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, 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 affected agencies.
Based on the above,it is recommended that this request to construct and
operate an elementary school campus on an approximately 2.331-acre parcel be
approved. Approval of this request is subject to the following conditions:
1. The applicant(s), its successor(s) or assign(s)("Applicant") shall be responsible for
complying with all of the stated conditions of approval.
2. The proposed school shall be conducted in a manner that is substantially
representative of plans and details contained within the Special Permit Application
dated April 26, 2021, any supplemental material, and the representations made
before the Windward Planning Commission. Any expansion of uses beyond what
is represented in this document shall require an amendment to this permit.
3. A water commitment deposit shall be paid to the Department of Water Supply
within 180 days from the effective date of this permit in accordance with Rule 5 of
the Department of Water Supply's Rules and Regulations. The Applicant is
responsible for maintaining valid water commitments to support the proposed use
until such time that required water facilities charges are paid in full.
4. Prior to occupying Buildings B and C, the Applicant shall obtain and finalize
change of use building permits and secure a Certificate of Occupancy for the
proposed school use.
5. Prior to the issuance of a Certificate of Occupancy for any portion of the proposed
project, the Applicant shall connect the subject parcel to the County water system,
meeting with the standards and requirements of the Department of Water Supply.
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6. Prior to submitting for building permits, the Applicant shall secure Final Plan
Approval for the proposed development from the Planning Director in accordance
with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans
shall identify all existing and/or proposed structure(s), paved driveway access and
paved 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), Hawaii County Code. Bufferyard landscaping shall conform to the
standards for separation of a residential zone from a commercial zone as provided
for in Planning Department Rule No. 17.
7. The applicant shall provide pavement improvements to the northern half of
Orchidland Drive along the subject property's entire Orchidland Drive frontage
meeting with the Department of Public Works Standard Detail R-18 for Rural
Collector Standards, prior to the issuance of a certificate of occupancy for any
portion of the proposed project.
8. The applicant shall implement a school zone along Orchidland Drive with
appropriate signage as per the Manual on Uniform Traffic Control Devices, in
consultation with the Orchidland Community Association.
9. Enrollment shall be limited to 175 students until Phase Two improvements are
completed, after which the maximum enrollment shall not exceed 300 students.
10. School operations shall be limited to Monday through Friday 7:30AM to 3:30PM
including pick-up and drop off times. Community meetings and events (student
performances)may be held at the campus periodically,no more than twice a month
on average. Community meetings or events shall conclude by 9:OOPM.
11. Prior to issuance of a Certificate of Occupancy for any portion of the proposed
project, the applicant shall provide fire protection measures appropriate for the
proposed use,meeting with the approval of the Fire Department.
12. Prior to issuance of a Certificate of Occupancy for any portion of the proposed
project, an individual wastewater system(s) shall be installed, and permitted for the
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proposed use,meeting with the standards and requirements of the State Department
of Health.
13. The Applicant shall notify prospective purchasers,tenants, or lessees of the
subject property that farming operations and practices on adjacent or contiguous
land in the State Land Use Agricultural District are protected under Hawaii
Revised Statutes Chapter 165,the Hawaii Right to Farm Act. This notice shall
be included in any disclosure required for the sale or transfer of the subject parcel.
14. Any action that would interfere with or restrain farming operations on adjacent or
contiguous properties shall be prohibited under Hawaii Revised Statutes Chapter
165,the Hawaii Right to Farm Act;provided the farming operations are conducted
in a manner consistent with generally accepted agricultural and management
practices on adjacent or contiguous lands in the Agricultural District.
15. All earthwork and grading activity shall conform to Chapter 10, Erosion and
Sedimentation Control of the Hawaii County Code.
16. In the 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, the Applicant shall 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.
17. The Applicant shall comply with all applicable County, State and Federal laws,
rules,regulations and requirements.
18. With the exception of Condition 3 related to water commitments, an initial
extension of time for the performance of conditions within the permit may be
granted by the Planning Director upon the following circumstances:
A. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the Applicant and that are not the result
of their fault or negligence.
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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).
19. 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.
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