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HomeMy WebLinkAboutPD RECOMMENDATION REPORT (AMEND SPP 1139 _ PL-SPP-2022-023)RCurleeSPP.cm. 10. 17.2022 COUNTY OF HAWAI`I PLANNING DEPARTMENT RECOMMENDATION SHALEEN CURLEE SPECIAL PERMIT APPLICATION TO AMEND SPP 1139/PL-SPP-2022-000023 Upon careful review of the request to amend Condition No. 2 of Special Permit No. 1139, the Planning Director recommends this amendment request with modifications be approved by the Planning Commission. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This recommendation is based on the following findings: The applicant is requesting an amendment to Special Permit No. 1139, originally approved in 2002 to allow the establishment of an auto repair shop and towing service operation on 4,421 square feet of a one (1) acre parcel situated in the Hawaiian Paradise Park Subdivision on the southeast corner of Paradise Drive and 19th Avenue. The request is 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." In 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. Then, in 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. The applicant would like to continue operating their auto repair shop and towing service business that was established twenty years ago at the subject property. The applicant reached out to the Hawaiian Paradise Park Community Association to inquire about the availability of industrial -zoned lands within the subdivision. However, there have been no suitable industrial -zoned lands that have become available within the Hawaiian Paradise Park Subdivision to date. The Director is recommending modifying the request for a time extension, finding -1- it more appropriate to recommend the deletion of Condition No. 2 and allow the permit to run with the land. The reason for the modification is due to the lack of suitable industrial - zoned lands becoming available for use within the subdivision. Additionally, the applicant has operated for over twenty years in good standing with the Planning Department and the Hawaiian Paradise Park Community. The granting of this request with modifications at the subject property would provide a convenient light industrial service to the growing community. Granting of the amendment request with modifications would not be contrary to the General Plan or Puna Community Development Plan (PCDP). The County of Hawaii 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 as Rural. 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 one (1) 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. The deletion of 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 location would provide a convenient service of light industrial to the growing community. The Puna Community Development Plan (PCDP) was adopted in 2008, after the first-time extension was granted by the Planning Commission. The PCDP recommends that repair shops and other light industrial land uses should be in the Regional Town Centers, such as the one identified in the PCDP that is located along Kaloli Drive between 24th and 26th Avenues. This Regional Town Center consists of two 20-acre -2- 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. Therefore, it would be reasonable to delete Condition No. 2, allowing the applicant to continue to operate their business on the subject property and allowing the permit to run with the land. Based on the preceding, the amendment request with modifications will not be contrary to the goals of the General Plan or the PCDP. Granting of the amendment request with modifications would not be contrary to the original reasons for the granting of the Special Permit. The original reasons for the approval of Special Permit No. 1139 are still applicable today and the request is not contrary to these reasons. 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 maintained a thick landscaping buffer to help minimize impacts to surrounding properties and the roadways. Since the approval of the most recent amendment to 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. 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 operation. According to the Department of Health (DOH), there is no record of an approved individual wastewater system serving the auto repair shop and towing operation. To address DOH's concern, the Director is recommending a condition of approval that will require the applicant to secure all necessary building permits and to complete the change of use from an existing agricultural storage building to an auto repair shop and -3- towing operation, within two (2) years of the effective date of this permit. Based on the above considerations, the amendment request with modifications would not be contrary to the original reasons for granting of the permit. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa `akai O Ka `Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: 1) No archaeological inventory survey or flora/fauna study of the property was conducted due to the significantly developed nature of the property. Furthermore, past ground disturbance activities within the property, which included backfilling, would indicate that the potential for subsurface archaeological resources is unlikely. The valuable cultural, historical, and natural resources found in the permit area: The subject site is not adjacent to or proximate to the shoreline. As such, there should be no impact on fishing and/or coastal access. According to the applicant, there are no known customary or Native Hawaiian cultural rights exercised on the property. Furthermore, there are no known archaeological or historic resources on the property and the flora/fauna found on the property are largely introduced species consistent with that of an urban area, thus not considered to be particularly endangered or culturally significant. Possible adverse effect or impairment of valued resources: Given the lack of valued resources identified on the property, it is unlikely that such resources will be impaired. Feasible actions to protect native Hawaiian rights and valued resources: To the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights and no action is necessary to protect these rights. 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. Additional governmental requirements may include -4- 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 findings, the Planning Director recommends approval of the request with a modification to remove Condition No. 2 (life of the permit) and have the permit run with the land. It is recommended that the Planning Commission approve the request with the following changes to conditions. (Material to be deleted is bracketed and struck -through; new material is underscored): I. The applicants, successors, or assigns (Applicant) shall be responsible for complying with all of the stated conditions of approval. relee4e :.hiehe o eeettr-s first.] 2. The Applicant shall secure and finalize all required building permits for the existing auto repair shop and towing operation from the Department of Public Works -Building Division within two (2) year of the effective date of this permit, including the change of use building permit from an existing agricultural storage building to an auto repair shop and towing operation. 3. The method of sewage disposal shall meet with the requirements of the Department shall meet with the requirements of the Department of Health (DOH). [�] 4. The auto repair and towing service operation shall be conducted in substantial conformance with representations made in the application. [4] 5. All repairs and services provided on vehicles shall be conducted entirely within the existing storage building/garage facility_. [ ] 6. The maximum number of vehicles parked on the subject property shall be limited to eight (8) at any given time. -5- [6-.] 7. Landscaping shall 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. [�] 8. Any exterior signs shall meet with the approval of the Department of Public Works. [8--] 9. The hours of operation shall be limited to the hours between 9:00 a.m. to 5:00 p.m., Monday through Friday. [9-] 10. The [ems] Applicant shall collect and dispose of waste oil, batteries, tires, etc., in accordance with all applicable government regulations. [4&] 11. The [ems] Applicant shall comply with all applicable laws, rules and regulations of the State and County agencies for the existing use. [44-.] 12. If the [arts] Applicant fails 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. [4-2?] 13. [ ] An initial extension of time for the performance of conditions may be granted by the Planning Director upon the following circumstances: A. 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. 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 f the permit. In 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). E. If the Applicant should require an additional extension of time, the Planning Department shall submit the Applicant's 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. -7-