HomeMy WebLinkAbout2022-09-28 Applicant Response to Director's Recommendation_v1Daryn Arai
Land Use Planning Consultant
September 28, 2022
Mr. Dennis Lin, Chairperson
County of Hawaii Windward Planning Commission
101 Pauahi Street, Suite 3
Hilo, HI 96720
Dear Chairperson Lin:
Subject: Comments regarding Planning Director's Recommendation regarding
Special Permit Application PL-SPP-2022-000017
Applicant: Maurice and Jiranan Thomas Trust
TMK-1-6-009: 385, Orchidland Estates, Puna, Hawaii
Thank you for the opportunity bring this Special Permit Application before you and the
Commission that, simply put, seeks to make things right. The Applicant appreciates the
Planning Director's favorable recommendation of this Special Permit request and agrees with the
findings and analysis contained within his background and recommendation reports and will
comply with all applicable governmental approvals in an expeditious manner. However, from a
purely timing and functional standpoints, the Applicant which wishes to offer the following
amendments to the proposed conditions of approval that doesn't change the basic requirements,
it simply reworks the timing and implementation, as explained below. (deleted material is struck
and bracketed with added material underscored)
Condition 3. [Within sir ry (60)-days of he appr-aval of this perR4-,-a]A_n individual
wastewater system(s) shall be installed, and permitted for the proposed use,
meeting with the approval of the State Department of Health.
Applicant's reason: To require installation of an DOH -approved Individual
wastewater system (IWS) within a period of two months from the date of
approval of the Special Permit simply cannot be accomplished. IWS are
typically designed and permitted concurrent with a building permit for
the change of use of the existing agricultural storage building, so that the
proposed occupancy of the building via a change of use application is
matched with the design of the IWS. While the Applicant is securing the
services of professionals to prime them for the prompt preparation of
design drawings for both the change of use and IWS, it is not permitted
to apply for any such permits and approvals, much less commence any
related construction, until Final Plan Approval has been secured from the
Planning Department as required by Condition 5.
P.O. BOX 4501, HILO HAWAII 96720
PHONE: (808) 895-3218 EMAIL: DARYN ARAI@OUTLOOK.COM
Mr. Zendo Kern, Planning Director
Page 2 of 4
September 28, 2022
Condition 4. Within ninety (90) days [of the appr-aval of this ro v,,:+]from the date of
issuance of Final Plan Approval for the approved use, the Applicant shall
submit plans for a Building Permit to the Department of Public Works -
Building Division to change the use of the structure from an agricultural
storage building to a commercial/ industrial warehouse. Within one hundred
and eighty (180) days thereafter, the Applicant shall finalize any required
building improvements and obtain a Certificate of Occupancy for the
proposed warehouse use.
Applicant's reason: As explained earlier, prior to applying for a building
permit, Final Plan Approval must first be secured from the Planning
Department, as required by Condition 5, to ensure that the existing
structure and proposed/approved use, and associated access, parking
and loading areas all conform to zoning code standards. Of special note
is that an Application for Plan Approval also requires a DPW -approved
site drainage plan prepared by a licensed engineer.
Once Final Plan Approval is issued by the Planning Director, the
Applicant's design team can then commence with the engineering and
design of plans to reflect a change of use of the existing structure and to
install a new IWS, all of which shall be submitted to DPW within 90 days
of the issuance of Final Plan Approval.
Condition 5. Prior to construction, 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 by applied to the south property line and shall conform to the standards
for separation of a residential zone from an industrial zone as provided for in
Planning Department Rule No. 17. Front yard landscaping shall be applied to
the west property line (along 34th Avenue) as provided for in Planning
Department Rule No. 17. However, exceptions to the requirements of
Planning Department Rule No. 17 may be allowed due to existing site
conditions and safety considerations as qualified by a landscaping plan
prepared by a licensed landscape architect or landscape contractor.
Mr. Zendo Kern, Planning Director
Page 3 of 4
September 28, 2022
Applicant's reason: The landscaping standards at Section 17-6(B)(2)(A)
states that ... "To exclude all visual contact between the industrial and
residential uses and to create a strong spatial with concomitant lessening
of noise intrusion, the landscaped buffer shall be opaque from the ground
to a height of at least six feet, with intermittent visual screening from the
opaque portion to a height of at least 20 feet. Compliance shall be
determined on the basis of the average mature height and density of
foliage of the subject species, or field observation of existing vegetation.
At maturity, the portion of intermittent visual screening should not
contain any completely unobstructed openings more than 10 few wide.
Options that presumptively achieve this standard include:
(i) Small trees (20' at maturity) planted 30'on center with 3'solid
fence or wall.
(ii) Small trees (20' at maturity) planted 20-30' on center on top of 3'
high seeded earth berm.
(iii) Tall trees (taller than 40' at maturity) planted with branches
touching near the ground."
The installation of 20-foot tall trees specifically along the southern
boundary of the project site adjoining a neighboring Agricultural -zoned
property occupied with a dwelling, as shown on the attached photo,
could present a hazard during high wind events since this area is
improved with an existing low rock wall and concrete dock structure that
will only allow for plantings in pots. Furthermore, this area is utilized by
delivery vehicles to help facilitate the loading and unloading of products.
The proposed amendment to Condition 5 would allow for the
consideration of utilizing the existing fence to support an opaque
screening fabric or other appropriate material in lieu of plant material.
Summary
There are code -prescribed processes that must continue to be followed in order to secure
the proper approvals and permits, no different than this Special Permit process. The amendments
related to performance conditions ensures that the proposed conditions of the Special Permit do
not conflict with these established processes. In the end, within 180 days from the date of
approval of the Special Permit, should it be granted, the Applicant must secure all required
approvals and permits, including the change of use and the installation of a new IWS. The
amendment to the landscaping requirements offers a reasonable alternative due to existing site
conditions.
Mr. Zendo Kern, Planning Director
Page 4 of 4
September 28, 2022
The Applicant truly appreciates the favorable recommendation of the Planning Director
and looks forward, with much hope, for a similar decision from the Windward Planning
Commission with the requested amendments to the proposed conditions of approval.
With much regards,
DARYN ARAI
Land Use Planning Consultant
copy via email: Maurice & Jiranan Thomas