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HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-SPP-2021-000005) RNiuHewett.SPP.12.28.2021 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION JOHN KUUALOHA HEWETT & PATRINA TINE NIU-HEWETT SPECIAL PERNHT APPLICATION (PL-SPP-2021-000005) Upon review of the request against the guidelines for granting a Special Permit,the Deputy Planning Director recommends that the request to allow the establishment of a self-storage facility, mailing service facility, and related improvements on 1.64 acres of land in the State Land Use Agricultural District be denied by the Planning Commission. Since this recommendation is made without the benefit of public testimony, the Deputy Planning Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This denial recommendation is based on the following findings: The applicant is requesting a Special Permit to establish a self-storage facility, mailing service facility, and related improvements on 1.64-acres of land consisting of the following: ■ Self-Storage Buildings: Five (5) buildings totaling 18,000 square feet of gross floor area with a total of 180 rentable storage units that are each 100 square feet (10'x10) in size: Three (3) of the buildings will each total 4,000 square feet(20' x 200')in size and contain about 120 storage units in total. The remaining two (2)building will each total, 3,000 feet(20' x 150')in size and contain the remaining 60 storage units. ■ Office Building: One (1), two (2)-story, 960-square foot building (24' x40'), in size, will be used for an office and mailing service facility on the ground floor and a residence for an on-site operator/caretaker on the second floor. ■ Water Catchment Tanks: Two (2) non-potable water catchment tanks are planned to provide a total storage of at least 51,000 gallons to satisfy Fire Code requirement for fire protection and a separate water holding tank for potable water. ■ Access/Parking: The existing driveway from `Ainaloa Boulevard will be improved into a 24-foot-wide paved driveway and a 14 stall,paved parking lot including one(1) ADA accessible stall will be constructed. -1- ■ Employees/Hours of Operation: The applicant is proposing one full-time employee for the business and hours of operation will occur daily from 6:00 a.m. to 6:00 p.m. The grounds for approving a Special Permit are based on Rule 6-7 in the Planning Commission Rules. It states that the Planning Commission shall not approve a Special Permit unless it is found that the proposed use: (a)is an unusual and reasonable use of land situated within the Agricultural or Rural District, whichever the case may be; and (b) the proposed use would promote the effectiveness and objectives of Chapter 205, Hawai`i Revised Statutes (H.R.S.), as amended. The proposed use will not promote the effectiveness and objectives of Chapter 205, H.R.S., as amended. Through the passage of Chapter 205, H.R.S., otherwise known as State Land Use Law, the State Land Use Commission was established. It called for classification of all lands in the State and authorized the adoption of rules of practice and procedure and regulations for land use within the various land use districts. The four (4) land use districts (Agricultural, Rural, Urban and Conservation) created by the State Land Use Commission provided the basic legal framework of land uses in the State of Hawaii and assisted in the implementation of the long-range land use objectives of the State and Counties. The intent of these statutory provisions is 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 in Hawaii. The proposed request for a self- storage facility and mailing service facility is located in an area designated Agricultural by the State Land Use Commission. As the requested use is not permitted in the State Land Use Agricultural District, a Special Permit is required to allow for the use to be permitted. According to the County Zoning Code, self-storage facilities are considered a light industrial use only permitted within the industrial-commercial mixed (MCX), limited industrial (ML) and general industrial (MG) zoning districts. It is likely that self-storage facilities are only permitted in these zoning districts because of the potential for users to store hazardous materials within the units and the facilities consist of warehouse-type structures. The industrial zoning districts were created to situate these types of uses -2- separate from residential and other incompatible uses and to ensure that non-industrial areas will not be exposed to unsafe and unhealthy environments. Additionally, in its memorandum dated October 28, 2021, the State Office of Planning and Sustainable Development (OPSD) stated that the proposed self-storage and mailing service facility use on the subject property constituted a large commercial use that is incompatible with the County's Rural LUPAG designation and inconsistent with the Puna CDP's directive to focus commercial uses within Village/Town Centers. Additionally, OPSD is concerned that granting a Special Permit for what they consider commercial uses on the property would encourage the spread of such uses within the SLU Agricultural District and that permitting of such uses "would be similar to spot zoning within the Agricultural District which generally should not be permitted by Special Permit. Based on the preceding, the proposed use should be located on lands zoned industrial within the SLU Urban district, rather than on agriculturally zoned land in the SLU Agricultural district. Thus, the proposed uses will not promote the effectiveness and objectives of Chapter 205, H.R.S., as amended The request would be contrary to the General Plan and Puna Community Development Plan. The County of Hawai`i's General Plan (GP) is the policy document for the long-range comprehensive development of the island of Hawaii. One of the purposes of the GP is to guide the pattern of future development of the County based on long-term goals. The GP Land Use Pattern Allocation Guide(LUPAG)Map designates the property as Rural, which are areas that include existing subdivisions in the State Land Use Agricultural and Rural districts that have a significant residential component. These subdivisions may contain uses that serve the residential and agricultural community in the area and contain community and public facilities but must have appropriate zoning for these uses. The proposed, uses are not considered community/public facilities as the self- storage facility is industrial in nature and the mailing service facility is commercial in nature. Thus, the subject property's agricultural zoning is inappropriate for that use and inconsistent with the Rural LUPAG designation. As a policy document,the General Plan and its LUPAG map also provide guidance for a particular land use pattern that could be considered within a particular area whether -3- by a change of zone or,as in this situation, a Special Permit.The Rural LUPAG designation alone does not create a presumption in favor or against this particular Special Permit application; it simply affords an opportunity for which a Special Permit request can be considered on a case-by-case basis. This denial recommendation is, in part based on conflicts with the following goals and policies of the General Plan: Land Use-Industrial Element ■ Designate and allocate industrial areas in appropriate proportions and in keeping with the social, cultural, and physical environments of the County ■ Industrial development shall be located in areas adequately served by transportation, utilities, and other essential infrastructure. ■ Industrial development shall maintain or improve the quality of the present environment. The General Plan indicates that the Community Development Plan (CDP) is intended to implement the broad goals within the General Plan on a regional basis. The CDP should direct physical development and public improvements within a specific area and may contain detailed land use and zoning guide maps, plans for roadways, drainage, parks and other infrastructure and public facilities, architectural design guidelines, planning for watershed and other natural features. The subject property is located within the boundaries of the Puna CDP, which encourages growth within the village and town centers to give residents better access to public and commercial services while preserving natural and cultural resources by limiting the spread of development. The subject property is not situated within an area designated as a village/town center in the Puna CDP. The closest village center (`Ainaloa Neighborhood Village Center) is located over a mile away from the subject property and the next closest (Orchidland Estates Neighborhood Village Center) is located approximately 2.6 miles away from the subject property. Although the property is located across the street from the `Ainaloa Longhouse, which has acted as a community gathering place (with a community center, public park, mailbox area, and volunteer fire facility) the Puna CDP does not designate the area as a Neighborhood Village Center, thus approval of the requested light industrial/commercial -4- use on the subject property will undermine the attempts of the Puna Community Development Plan to establish formal village centers. Furthermore, the Puna CDP was amended in 2011 to include, in part, a section on industrial zoning and uses. Section 5.2.4 of the CDP identifies areas of existing industrial zoning in Puna(Shipman Industrial Park,Milo Street in Kea`au,and the former Puna Sugar Mi110, but also recognizes the need for more sites for service-type light industrial uses, including self-storage facilities. However, the demand for these sites closer to the population centers of Hawaiian Paradise Park/Orchidland/`Ainaloa and upper Puna have resulted in Special Permits creating light industrial uses scattered among residential and agricultural lots,rather than planned development.Thus,the CDP proposed that any further industrial/light industrial development should be limited to sites currently designated industrial by the GP LUPAG Map, as well the following areas: a 100-acre site on DHHL property located makai of the Pahoa Fire Station, and area situated generally mauka of Malama Market, and an area along 33rd Street in Hawaiian Paradise Park, from Maku`u in the direction of Kea`au, where several businesses have been created via Special Permit. In 2012, Special Permit request was submitted for the development of a convenience store with a certified kitchen and related improvements on a land area that includes the subject property. At the time, the Planning Director similarly recommended denial of the Special Permit due to the fact that the proposed commercial uses were inconsistent with the GP and CDP due to the property not being located within a designated village center. The Planning Commission disagreed with the Director's recommendation and the `Ainaloa Community Association's testimony in opposition and ultimately approved Special Permit No. 12-132, citing the need for a commercial center in the area and the benefit to the surrounding community of a convenience-type commercial use and a certified kitchen to assist with the provision of warm meals to senior in the area. That Special Permit was revoked in 2018 at the applicant's request and the two lots were subsequently consolidated and resubdivided into four parcels. While the Planning Commission at the time felt that commercial uses were appropriate there, the applicant is currently proposing light industrial uses which, based on the above discussion are inappropriate on this site. -5- Finally, as noted in the application, the Planning Commission has previously approved Special Permits for self-storage facilities within the Puna District: These include Special Permit No. 1015 (John and Jean Vurich) approved in 1998 on a one(1)-acre parcel on 14th Avenue and Kaloli Drive in Hawaiian Paradise Park, Special Permit No. 04-017 (John and Jean Vurich) on the adjacent one (I)-acre parcel in the same area, and Special Permit No. 07-042 (Pahoa Self Storage)in Pahoa Town. While these Special Permits were granted for similar uses in Rural and Medium Density Urban LUPAG designations respectively, they were all issued prior to the 2005 General Plan Update and the adoption of the Puna CDP, thus the goals, policies, and actions articulated in these documents as discussed above did not apply to the Department's/Commission's analysis of the requests. Based on the preceding, the request fails to address the fundamental problems associated with the development of the proposed light industrial business in this particular area, which is the inability to establish an effective land use pattern. Effective land use planning requires a regional perspective towards establishing a proper land use pattern within a given area. The proposed use is not an unusual and reasonable use of land situated within the State Land Use Agricultural District and would not 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 Agricultural District,the intent is to preserve or keep lands of high agricultural potential in agricultural use. In recognizing that lands within agricultural districts might not be best suited for agricultural activities and yet classified as such, and in recognition that certain types of uses might not be stricly 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. Historically,the Deputy Planning Director has supported the issuance of Special Permits for community uses like churches, schools, home occupations like bed and breakfasts, and commercial uses that are agricultural in nature, for example farmers markets, veterinary clinics, agricultural tourism operations. -6- These types of land uses are reasonable to allow on agricultural land because they either directly serve as a community benefit, or help sustain the agricultural community, or have relatively minor impacts to agricultural land because they are occurring within an existing dwelling. While the proposed use is unusual in that it is not agricultural in nature,the Deputy Planning Director does not believe the applicant's request is a reasonable use of agricultural land because it would permanently commit the use of the property to an industrial land use, which the General Plan and Puna CDP clearly indicate should be located within industrially zoned areas in the Puna community. Based on the preceding considerations, the Deputy Planning Director is recommending that the Planning Commission deny this application to establish a self-storage facility and mailing service facility and related improvements on 1.64 acres of land in the State Land Use Agricultural District. -7-