HomeMy WebLinkAboutPD BACKGROUND REPORT (AMEND SPP 1139 _ PL-SPP-2022-000023)B C3urle e SPP. cm.10.11.2022
COUNTY OF HAWAI`I PLANNING DEPARTMENT
BACKGROUND REPORT
SHALEEN CURLEE
SPECIAL PERMIT APPLICATION TO AMEND SPP 1139/PL-SPP-2022-000023
SHALEEN CURLEE submitted an application for a ten (10)-year time extension to Condition
No. 2 (life of permit) of Special Permit No. 1139, which allowed the establishment of an auto
repair shop and towing service operation on 4,421 square feet of land in the State Land Use
Agricultural District. The subject property is located at 15-1505 Paradise Drive, on the northeast
corner of the 19th Avenue -Paradise Drive intersection, Hawaiian Paradise Park Subdivision,
Kea`au, Puna, Hawaii, TMK: (3) 1-5-041:190.
APPLICANTS' REQUEST
l . Request: The applicant is requesting an amendment to Special Permit No. 1139 for a ten
(10)-year time extension to Condition No. 2 that states: "The life of the permit for the auto
repair shop and towing service operation shall be for ten (10) years from the effective date
of this amendment, or after suitably industrial zoned lands become available for use within
the subdivision, within a reasonable time to relocate, whichever occurs first."
2. Purpose for the Request: The applicant would like to continue operating their auto repair
shop and towing service business established 20 years ago at the subject property. The
applicant contacted the Hawaiian Paradise Park Community Association to inquire about
the availability of industrial -zoned lands within the subdivision. Currently, there are no
suitable lands available.
3. Hours of Operation: The hours of operation are between 9:00 a.m. to 5:00 p.m. The
applicant intends to continue these hours.
4. Supportive Information: The applicant has submitted the attached in support of
the request: (Planning Department Exhibit 1— Special Permit Application dated
August 15, 2022).
5. Landowner: Shaleen Curlee.
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BACKGROUND INFORMATION
6. February 15, 2002: Special Permit No. 1139, was approved by the Planning Commission
to allow the establishment of an auto repair shop and towing service operation on 4,421
square feet of land.
7. June 19, 2002: Final Plan Approval was secured within six (6) months from the effective
date of Special Permit No. 1139, according to Condition No. 6.
8. May 18, 2007: The Windward Planning Commission granted a five (5)-year time extension
to Condition No. 2 of Special Permit No. 1139, which extended the life of the permit to
May 18, 2012.
9. August 15, 2012: The Windward Planning Commission granted a ten (10)-year time
extension to Condition No. 2 of Special Permit No. 1139, which extended the life of the
permit to August 15, 2022.
STATE AND COUNTY PLANS
10. State Land Use (SLU) District: Agricultural (A).
11. County Zoning: Agricultural 1-acres (A -la).
12. General Plan (LUPAG) Map Designation: Rural (rur). This category includes existing
subdivisions in the State Land Use Agricultural and Rural districts that have a significant
residential component. Typical lot sizes vary from nine thousand (9,000) square feet to two
(2) acres. These subdivisions may contain small farms, wooded areas, and 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.
13. Puna Community Development Plan (PCDP): The PCDP was adopted by the Hawaii
County Council, Ordinance 08 116, on September 10, 2008. The subject property is located
within the Hawaiian Paradise Park Regional Town Center. There are six (6) 40-acre areas
of land set aside by the original subdivider for potential future community and commercial
uses.
14. Special Management Area (SMA): The subject property is located approximately two
and a half (2.5) miles from the nearest coastline and is not within the Special Management
Area.
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DESCRIPTION OF PROPERTY AND SURROUNDING AREAS
15. Subject Property: The rectangular -shaped property is 1.00 acre in size and is located
within the Hawaiian Paradise Park Subdivision on the northeast corner of the 19th Avenue -
Paradise Drive intersection. Structures on the property include a 3-bedroom, 2-bath
dwelling, and an agricultural storage building that the applicant is utilizing for the auto
repair shop and towing service operation. Building permits for both structures have been
finalized. However, according to the Department of Public Works -Building Division
(DPW), there is no record of an approved change of use building permit for the agricultural
storage building being used for an auto repair shop and towing service operation. The palm
trees planted along the boundary lines fronting Paradise Drive and 19th Avenue are being
maintained to reduce noise and visual impacts of the auto repair shop and towing service
operation.
16. Surrounding Zoning/Land Uses: Surrounding properties are zoned Agricultural 1-acre
(A -la), are primarily one (1) acre in size, and consist of vacant lands, single-family
dwellings, and agricultural uses. The closest dwelling is located approximately fifty (50)
feet away on the adjacent property to the southeast.
17. U.S.D.A. Soil Type: Keaukaha highly decomposed plant material, 2 to 10 percent slopes.
The pahoehoe lava flow in the area has very little soil covering and is bare of vegetation,
except for mosses, lichens, ferns, and small `6hi`a trees.
18. Land Study Bureau Soil Rating: Soils within the project site are classified as "E" or
"Very Poor" for agricultural productivity.
19. ALISH: Unclassified.
20. Flood Zone: The Federal Emergency Management Agency's Flood Insurance Rate Map
(FIRM) designates the area of the proposed development to be in Zone X (areas outside of
the 500-year floodplain).
21. Flora/Faunal Resources: No formal flora/fauna study was submitted with the application.
The subject property has been previously cleared for the construction of an existing single-
family dwelling and auto repair shop. Site vegetation consists of palm trees, albizzia trees,
ferns, ohia trees, guava trees, and grass. According to the applicant, there are no known
endangered species of plants or animals on the subject property. According to the State
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Department of Land and Natural Resources, Division of Forestry and Wildlife (DOFAW),
there are no concerns with impacts on listed species since the applicant's request includes
no development or improvements beyond those already in existence.
22. Archaeological/Cultural/Historical Resources: Ina letter dated November 27, 2001, the
State Historic Preservation Division (SHPD) determined that no historic properties would
be affected due to the previous grubbing, grading, and development. A request for review
of the subject application was sent to SHPD, however, as of the date of this writing, SHPD
has not provided a comment letter. There are no known valued cultural, historical, or
natural resources that exists on the property and no evidence of traditional and customary
Native Hawaiian rights bring practiced on the site.
23. Public Access: There is no coastal or mountain access through the subject property.
24. Traffic: According to the applicant, the previously approved maximum number of eight (8)
vehicles parked on the subject property at any given time will not change. Therefore, there
will be no increase in traffic to and from the property.
PUBLIC SERVICES AND FACILITIES
25. Access: The primary access to the subject property is from Paradise Drive, approximately
1.8 miles northeast of its intersection with Kea`au-Pahoa Highway. Paradise Drive is a
privately owned roadway maintained by the Hawaiian Paradise Park Community
Association (HPCA), with a pavement width of approximately twenty (20) feet within a
(60)-foot-wide right-of-way.
26. Water: According to the Department of Water Supply (DWS), the subject property does
not have an existing water service with the Department, as the parcel is not within the
service limits of the Department's existing water system. The property is being serviced by
its own individual water tank system.
27. Fire Prevention: According to the Fire Department, Fire Department access and water
supply shall comply with Chapter 18 of the 2018 Hawai'i State Fire Code and Chapter 26
of the Hawai'i County Code.
28. Wastewater: There is no County sewer system servicing this area. Currently, the subject
property is being serviced by an existing cesspool that was permitted in 1983 concurrently
with the new single-family dwelling. According to the Department of Health (DOH), there
is no record of an approved individual wastewater system serving the auto repair shop and
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towing operation.
29. Solid Waste: There is no municipal solid waste collection in the County. According to the
applicant, any solid waste generated by the auto repair shop and towing service operation is
currently being disposed of by Big Island Disposal Service and Unitek.
30. Other Essential Utilities and Services: Electric, telephone, and internet services are
available to the site and are currently supporting the existing dwelling. Police, fire, and
medical services are available nearby in Kea`au and Pahoa.
AGENCIES' COMMENTS
31. Fire Department: (Planning Department Exhibit 2 —September 9, 2022 Memo)
32. State Department of Health: (Planning Department Exhibit 3 — September 12, 2022
Memo)
AGENCIES — NO COMMENTS/CONCERNS
33. Department of Environmental Management, Police Department, DLNR-Land Division,
Department of Public Works, Department of Water Supply, and State Office of Planning
and Sustainable Development.
AGENCIES — NO RESPONSE
34. State Land Use Commission, State Department of Agriculture, Real Property Tax Office,
U.S. Fish and Wildlife Service, and Hawaiian Paradise Park Community Association.
APPLICANT'S RESPONSE TO AGENCY COMMENTS
35. None as of the date of this writing.
PUBLIC COMMENTS
36. None as of the date of this writing.
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August 15, 2022
County of Hawaii
Planning Department
Re:Special Permit Number 1139
Tax Map Key 1-5-041-190
Subject: Time Extension
To whom it may concern,
Shaleen Curlee
P O Box 1586
15-1505 Paradise Drive
Keaau, Hawaii 96749-1586
On Febuary 15, 2002 we were approved for a Special Permit from the Planning Commision to Establish
an Auto Repair Shop and Towing Sevice (SPN1139). We were approved for a Time Extensionon August
15, 2012 for an addional 10 years ( or to delete condition 2 )to continue our business.
I'm requesting a Time Extension for an addional 10 years to continue our business. To our
understanding industrial site available between Keaau and Pahoa to operate an Auto Repair Shop ( None
is Available). Talked to Roxesand from Hawaiian Paradise Park Office and asked if there is any industrial
land in Paradise Park to operate an Auto Repair Shop (None is Available).
I would like to continue to operat our Auto Repair Shop at its currant location.
Had a rough 2 years ago due to covid. I recently stared renovating the shop to up date to new
technology and maintance to large equipment and building.
Our palm fence been growing with the rain we been having. The palm fence on the lower end of the lot
has completely blocked views from rentals and neighbors.
I havehad no complants from neighbors.
Thank You,
Shaleen Curlee
Planning Dept.
Exhibit 1
SPECIAL PERMIT APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or Print the requested information)
APPLICANT S�GA.
APPLICANT'S SIGNATURE:
DATE:
LIST APPLICANT'S INTEREST IF NOT OWNER:
TELEPHONE: (Bus.) (Home) (Fax)
REQUEST:
TAX MAP KEY: s — C -) LA I % l ci C) ZONING:
AREA OF PROPERTY/AREA OF REQUESTED USE _1 Gj't= iN%J [-v, "zL—_ �! <�� �C• �•��
LANDOWNER:
LANDOWNER'S SIGNATURE: DATE:
(May be by letter)
1 1'�
LANDOWNER'S ADDRESS:
AGENT:
ADDRESS:
TELEPHONE: (Bus.)SM' 301 -03a'7 (Home) Prr�x .3 -Q 7(Fax)
Please indicate to whom original correspondence and copies should be sent to:
ORIGINAL COPIES:
County of Hawaii
NVINDWARD PLANNING COMMISSION
Aupuni Center* 101 Pauahi Street, Suite 3 f Hilo. Hawai'i 96720
Phone (808) 961-8288 f Fax (808) 961-8'742
George and Shaleen Curlee
P.O. Box 1586
Kea`au, HI 96749
Dear Mr. and Mrs. Curlee:
Special Permit No. 1139 (PD Docket No. 01-000031)
Applicant: George and Shaleen Curlee
Request: Amend Condition No. 2 By Requesting a 10-Year Time Extension
To the Life of the Permit Or to Delete the Life of Permit Limitation
Tax Map Key: 1-5-041:190
The Windward Planning Commission, at its duly held public hearing on August 2, 2012, voted to
approve the above -referenced request for an amendment to Condition No. 2 (life of permit) of
Special Permit No. 1139, which allowed the establishment of an auto repair shop and towing
service operation on 4,421 square feet of land situated in the State Land Use Agricultural
District. The applicant is requesting a 10-year time extension to the life of the permit or to delete
Condition No. 2. The property is located on the makai side of 19`s Avenue just south of the
intersection with Paradise Drive, Hawaiian Paradise Park Subdivision, Kea`au, Puna, Hawaii.
Approval of the request is based on the following:
The applicants have submitted an amendment request for a 10-year time extension
to or the deletion of Condition No. 2 of Special Permit No. 1139, which allowed the
establishment of an auto repair shop and towing service operation on 4,421 square feet of
a one acre parcel situated in the Hawaiian Paradise Park Subdivision on the southeast
corner of Paradise Drive and 19th Avenue. There is an existing agricultural storage
building where the auto repairs are being conducted. Special Permit No. 1139 was
approved with a 5-year permit life (Condition No. 2). On May 18, 2007 the Planning
Commission granted a 5-year time extension to Condition 2 of the permit. Five years
Hatvai 'i County is an Equal Opportunity Provider and Employer
George and Shaleen Curlee
Page 2
have passed and the applicants would like to continue operating their business for an
additional 10 years or to have Condition No. 2 deleted so that they can operate
indefinitely. There have been no suitable industrial zoned lands that have become
available within the Hawaiian Paradise Park Subdivision since this application was
approved.
The Planning Department continues to encourage landowners or applicants with
light industrial uses to locate in an Industrial zoned district or to file for a change of zone
request for such development. In this case, however, upon reviewing the circumstances
of the request where the primary service area is within the immediate vicinity and where
no suitable industrial zoned lands have become available in the area, the Planning
Department supports the approval of the 10-year time extension request with the
continued condition that the applicants will be required to relocate the business if suitable
industrial zoned lands become available for use within the subdivision within the 10-year
time period. The Planning Department does not support the request to delete Condition
No.2, as this would create a permanent light industrial use in this rural area.
Granting of the time extension request would not be contrary to the original
reasons for the granting of the permit. The use would continue to be an unusual and
reasonable use of lands situated within the Agricultural District and will not be contrary
to the objectives of Chapter 205, HRS, as amended. The land upon which the existing
use is sought is unsuited for the uses permitted within the district. It is classified as "E"
or "Very Poor" for agricultural productivity by the Land Study Bureau and unclassified by
the Agricultural Lands of Importance to the State of Hawaii (ALISH) Map. The use will
not adversely affect surrounding properties. The applicants have planted a thick
landscaping buffer to help minimize impacts to surrounding properties and the roadways.
.With the installation of the appropriate landscaping along the property boundaries and
limited business hours, noise and visual impacts upon the adjoining properties can
continue to be adequately mitigated. Since the approval of the Special Permit, the
Planning Department has not received any complaints regarding the operation. Lastly, the
continued operation will not unreasonably burden public agencies to provide roads and
streets, sewers, water, drainage, and police and fire protection.
Approval of this request would not be contrary to the General Plan or the
Zoning Code. The amendment to Condition No. 2 would not be contrary to the General
Plan or the Zoning Code. The request would be consistent with the Land Use Element of
the General Plan, which states "Encourage the development and maintenance of
communities meeting the needs of its residents in balance with the physical and social
environment." The granting of this request at this particular location will provide a
convenient service to the growing community.
George and Shaleen Curlee
Page 3
The Puna Community Development Plan (PCDP) was adopted in 2008, after the
previous time extension was granted by the Planning Commission. The PCDP
recommends that repair shops and other light industrial land uses should be located in the
Regional Town Centers, such as the one identified in the PCDP that is located along
'Kaloli Drive between 24t' and 26`h Avenues. This Regional Town Center consists of two
20-acre parcels, one of which is owned by the original subdivider and the other is owned
by Paradise Hui Hanalike. Neither landowner has plans to develop these parcels in the
near future. Thus, it would be reasonable to grant a 10-year time extension to the life of
the permit. This would allow the applicants to continue to operate their business on the
subject property, while preserving the Planning Commission's ability to implement the
intent of the PCDP should the Regional Town Center become developed within the next
ten years.
The Planning Director recommends the deletion or amendment of conditions
related to Plan Approval, a Solid Waste Management Plan and Annual Reporting since
the applicants have already fulfilled these conditions.
Based on the above, the life of Special Permit No. 1139 is extended for ten years. Approval of
this amendment request is subject to the following conditions (new material is underscored and
deleted material is bracketed and struck through):
1. The applicants shall be responsible for complying with all of the stated conditions
of approval.
2. The life of the permit for the auto repair shop and towing service operation shall
be for [€eee-(3)] ten 00 years from the effective date of this [permit] amendment,
or [;] after suitably industrial zoned lands become available for use within the
subdivision, within a reasonable time to relocate, whichever occurs first.
3. The auto repair and towing service operation shall be conducted in substantial
conformance with representations made in the application.
4. All repairs and services provided on vehicles shall be conducted entirely within
the existing storage building.
5. The maximum number of vehicles parked on the subject property shall be limited
to eight (8) at any given time.
--
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George and Shaleen Curlee
Page 4
with the use.] Landscaping shall (else be indieated en the plans dnd] be provided
for the purpose of mitigating any adverse noise or visual impacts to adjacent
properties. Landscaping shall be established and maintained at a minimum height
of ten (10) feet and minimum depth of four (4) feet within and along the property
boundaries. Native species from the area shall be used when possible.
7. Any exterior signs shall meet with the approval of the Department of Public
Works.
The hours of operation shall be limited to the hours between 9:00 a.m. to
5:00 p.m., Monday through Friday.
9. The applicants shall collect and dispose of waste oil, batteries, tires, etc., in
accordance with all applicable government regulations.
[10. A Selid Waste Management Plan shall be siabfnitted te the Depaftment e
Environmental Management fer- review and ., r.l.within six (6) ..ths from
[44--.]10. The applicants shall comply with all applicable laws, rules and regulations of the
State and County agencies for the existing use.
(12. An annual pvegFess r-epeFt shall be submitted to the Planning Dir-eeter- piie� te the
but not be te, the status of the development and to what e-Ment t
effeet until all efthe eenditiens ef "pfeyal have been eemplied with and th
[4-3-.] 11. If the applicants fail to comply with the conditions of approval or is unable to
resolve any public complaint(s), the Planning Director shall investigate and, if
necessary, enforce the appropriate conditions. The Planning Director may, as part
of any enforcement action, refer the matter to the Planning Commission for
review. Upon appropriate findings by the Planning Commission, that the
applicants have failed to comply with the conditions of approval or has caused an
unreasonable adverse impact on surrounding properties, the permit may be
suspended or revoked.
[44:] 12. If the applicants should require an additional extension of time, the applicants
shall submit their request to the Planning Commission for appropriate action.
Further, should any of the conditions not be met or substantially complied with in
a timely fashion, the Director may initiate procedures to revoke the permit.
George and Shaleen Curlee
Page 5
This approval does not, however, sanction the specific plans submitted with the application as
they may be subject to change given specific code and regulatory requirements of the affected
agencies.
Should you have any questions, please contact Daryn Arai of the Planning Department at
961-8288.
Sincerely,
Zendo Kern, Chairman
Windward Planning Commission
Laurimpp1139wpc
cc: Department of Public Works
Department of Water Supply
County Real Property Tax Division
State Land Use Commission
Mr. Gilbert Bailado
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HAWAII FIRE DEPARTMENT. COUNTY OF HAWAII .
HILO, HAWAII 96720
DATE September 9, 2022
Memorandum
TO : PLANNING DEPARTMENT, COH
FROM CAPTAIN CLINTON BAYBAYAN, FIRE PREVENTION BRANCH
SUBJECT: SHALEEN CURLEE SPECIAL PERMIT AMENDMENT APPLICATION
In regards to the above mentioned project, Fire Department Access and Water Supply shall
comply with Chapter 18 of the 2018 Hawaii State Fire Code and Chapter 26 of the Hawaii
County Code. For any questions please email Clinton. Baybayanghawaiicounty. gov or call 808-
323-4761.
Respectfully Submitted,
Clinton Baybayan
Fire Prevention Captain
Fire Prevention Branch
Hawaii Fire Department
Planning Dept.
Exhibit 2
DAVID Y. IGE
GOVERNOR OF HAWAII
y�
„1 °
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
HILO, HAWAII 96721-0916
MEMORANDUM
DATE: September 12, 2022
TO: Mr. Zendo Kern
Planning Director, County of Hawaii
FROM: Eric Honda
District Environmental Health Program Chief
ELIZABETH A. CHAR, M.D.
DIRECTOR OF HEALTH
SUBJECT: Special Permit Amendment Application (PL-SPP-2022-000023)
Amendment to Special Permit No. SPP 1139 (Docket No. SPP-0 1 -00003 1)
Applicant: Shaleen Curlee
Request: Amendment for an Additional 10-Year Time Extension to Operate
An Auto Repair Shop
TMK: 1-5-041:190; Puna Hawaii
The Wastewater Branch has no records of an approved individual wastewater system that is
serving the Auto Repair Shop. We request that the time extension is not approved at this time
until this issue and potential violation is resolved. Please contact Mark Tomomitsu at (808) 586-
4294 for questions.
Planning Dept.
Exhibit 3