Loading...
HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-SPP-2022-000013)ROrchidlandNeighborsSPP.cm.11.15.22 COUNTY OF HAWAI`I PLANNING DEPARTMENT RECOMMENDATION ORCHIDLAND NEIGHBORS SPECIAL PERMIT APPLICATION (PL-SPP-2022-000013) Upon review of the request against the guidelines for granting a Special Permit, the Planning Director recommends the development and operation of a Multi -Purpose Community Facility on an approximately 4.0-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 Planning 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 develop and operate a Multi -Purpose Community Facility on an approximately 4.0-acre parcel of land within the SLU Agricultural District. The proposed facility will satisfy the need for rentable space identified by the broader community. These include an open market area, a place to hold various meetings, a commercial kitchen, and recreational activities. The applicant has proposed a phased development of the subject property as funding becomes available. The proposed completion date of the five (5) phase development will be in January of 2027. The five (5) phases include the following: Phase One: Grading of approximately 3.7-acres of the property in preparation for new development and fencing. ■ Phase Two: General Goods and Agricultural Products Open Market. The applicant has dedicated 2,025 square feet of land to accommodate nine (9) temporary canopy spaces. Each vendor will provide a temporary canopy of approximately 15'x 15' in size. Further, until restrooms are completed in phase three (3), the applicant will provide the vendors and the public with portable toilets. The estimated cost for phase two is $65,000 with a completion date of July 2023. ■ Phase Three: The construction of a Community Center Building and Covered Pavilion. The Community Center Building will be approximately 5,100 square feet and consist of a Commercial Kitchen, Meeting Hall, Office Space, Restrooms, and Storage. The -1- Covered Pavilion will be about 900 square feet with open sides and attached to the community center building. According to the applicant, the estimated cost for phase three is $1,227,776 with a completion date of December 2025. ■ Phase Four: The construction of a Concession, Pavilion, Restrooms, and Storage building. The building will be approximately 6,000 square feet and consist of a cold kitchen, dining area, restrooms, and a storage room for cleaning supplies and equipment. According to the applicant, the estimated cost for phase three is $528,855 with a completion date of January 2026. ■ Phase Five: The construction of a skate park, soccer field, and maintenance/security building. The skate park will be approximately 3,847 square feet. The soccer field will be approximately 25,200 square feet. The maintenance/security building will be about 875 square feet and used for equipment storage and gate surveillance. According to the applicant, the estimated cost for phase three is $225,808 with a completion date of January 2027. The Multi -Purpose Community Facility envisioned for the project will house community -based programs, meeting spaces for emergency and community needs, office and storage space for the Community Emergency Response Team (CERT) sponsored by County of Hawaii Civil Defense, Orchidland Neighborhood Watch, Orchidland Neighbors, and Orchidland Neighbors Food Basket. The main building will include a certified commercial kitchen as a resource for economic development, whereby community members will be able to generate income for their families by processing agricultural products for commercial distribution. Upon completion of development the applicant anticipates three (3) or four (4) activities at any given time, estimating the average daily occupancy of one hundred twenty (120) people per day. According to the applicant, the facilities estimated hours of operation will be from 8:00 a.m. to 9:00 p.m. daily, except for the commercial kitchen which will be from 5:00 a.m. to 9:00 p.m. (when scheduled); the open market days which will be from 7:00 a.m. to 2:00 p.m. (when scheduled), and the maintenance/security building which will be open from 7:00 a.m. on open market days. The grounds for approving a Special Permit are based on Rule 6-7 in the Planning -2- 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 Agricultural District, the intent is to preserve or keep lands of high agricultural potential in agricultural use. The proposed use is unusual in that it is not an agricultural use of that property. The proposed use is reasonable in the Agricultural District because, the property does not have a high potential for agriculture and could better serve the community through its use as a multi -purpose community facility. 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 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. -3- 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. (B) The desired use would not adversely affect surrounding properties. All 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 parcel. The Orchidland Estates Convenience Center includes a convenience store and gas station, Blaine's Drive -In, and the Orchidland General Store. The nearest dwelling is located approximately 150 feet to the southeast of the subject property. In order to mitigate any adverse noise or visual impacts to adjacent properties, a condition will be added that requires a landscaping buffer and screening conforming with standards for separation of a residential zone from a commercial zone. (C) Such use shall not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection. Traffic on Orchidland Drive is made up primarily of residents of the area and users of the shopping/commercial area east of the parcel. A Traffic Impact Analysis Report (TIAR) was not completed for the proposed project. However, according to the applicant, the proposed uses on the subject property will generate approximately 8 to 40 vehicles per day. Further, the County Police Department does not anticipate any significant impact to traffic and/or public safety concerns. The subject parcel is accessed via 36th Avenue, off Orchidland Drive, approximately 530 feet northwest of the intersection of Orchidland Drive and the Kea`au- Pahoa Highway 130. Orchidland Drive is privately owned and maintained by the Orchidland Community Association (OLCA) and consist of a 60-foot-wide right-of-way ra with a pavement width of approximately 28 feet. 36th Avenue is a 40-foot wide unpaved two lane, private road, over which the applicant has access rights. The applicant is proposing a single two-way driveway serving as the main entrance and exit on the front south corner of the property and on the front west corner of the property there will be an emergency exit only. The applicant currently pays and will continue to pay the appropriate Orchidland Community Association Mandatory Road Maintenance Assessment (MRMA) fees to mitigate the impacts of the project. The subject property is not within the service limits of the County Department of Water Supply (DWS) facilities. The applicant proposes to install seven (7) water storage tanks on the project site and states that the capacity of each water tank will be determined by a licensed civil engineer. The seven (7) water storage tanks will be used for, but not limited to, two (2) fire suppression tanks, three (3) operational tanks, and two (2) potable water tanks to be refilled by water tankers. Conditions of approval will require the applicant to comply with the requirements of the Department of Health (DOH) for potable water, and the Fire Department for fire suppression requirements. The subject property is not served by the County sewer system. The applicant proposes the construction of septic systems to accommodate the needs of the entire project. According to DOH, septic systems may not be used if the total wastewater flow for the development exceeds 15,000 gallons per day. Additionally, DOH states that the proposed development shall comply with Chapter 11-62, HAR, "Wastewater Systems." (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 has not been able to -5- 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 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 parcel. The proposed use will fit into the character of the area as there are nearby community and commerical uses. (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 [$I for this area. Additionally, the approval of the subject request would support the goals and policies of the Recreation and Land Use elements of General Plan. Recreation -Puna: Courses ofAction • As the population increases and need arises, neighborhood parks in large subdivisions between Kea`au and Pahoa should be provided and improved. Land Use: Goals & Policies • Designate and allocate land areas in appropriate 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 not 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. However, according to the PCDP Objectives, it supports the creation of new village/town centers as necessary, in or near presently underserved subdivisions, beginning with those experiencing higher rates of population growth so residents of those areas will have community activities and more convenient access to services. Further, the PCDP Actions support the improvement and expansion of community parks in the Orchidland Estates Subdivision. 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. -7- 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: No formal archaeological reconnaissance survey, oral history of kama`aina accounts of the area, historical survey of documentary records, or botanical study was included in the application. ■ The valued cultural, historical, and natural resources found in the permit area: According to the applicant, no archeological or historical features are known to exist on the subject property nor is the property listed as a historic site on the State or National Register of Historic Places. A request for review of the application was sent to the State Historic Preservation Division (SHPD) on March 4, 2022, however, as of the date of this writing, the Planning Department has not received a response from SHPD. The subject property has been cleared for construction of a dwelling, driveway, and related detached structures. The remainder of the property is being used to grow coffee, fruit trees, and plants native to Hawai'i. There are no known endangered or listed plant species on the property. ■ Possible adverse effect or impairment of valued resources: Native plants and/or endangered species are unlikely to be impacted by the proposed development due to the already impacted Special Permit area mentioned above. ■ Feasible actions to protect native Hawaiian rights: No known gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, 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, 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 develop and operate a Multi -Purpose Community Facility on an approximately 4.0-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 use shall be conducted in a manner that is substantially representative of plans and details contained within the Special Permit Application dated September 5, 2022, 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. Construction of the proposed development shall be completed within ten (10) years from the effective date of this permit. 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), fire protection measures, landscaping, signage, paved driveway access and parking stalls, outdoor lighting (if any), and other improvements 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 Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawaii County ME Code. Buffer yard 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. 4. Prior to commencement of the proposed use, the Applicant shall secure and finalize all required building permits from the Department of Public Works Building Division. 5. The facilities estimated hours of operation will be from 8:00 a.m. to 9:00 p.m. daily, except for the commercial kitchen which will be from 5:00 a.m. to 9:00 p.m. (when scheduled); the open market days which will be from 7:00 a.m. to 2:00 p.m. (when scheduled), and the maintenance/security building which will be open from 7:00 a.m. on open market days. All community activities after 7:00 p.m. must be conducted indoors. 6. Prior to the issuance of a Certificate of Occupancy, the Applicant shall provide on -site potable water system(s) meeting the requirements of the Department of Health, Safe Drinking Water Branch. 7. 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. 8. Prior to issuance of a Certificate of Occupancy for any portion of the proposed project, a wastewater system(s) shall be installed, and permitted for the proposed use, meeting with the standards and requirements of the State Department of Health. 9. The Applicant shall secure a food establishment permit and construct a commerical kitchen meeting the requirements of the State Department of Health. A copy of the permit shall be provided to the Planning Department prior to commencement of the proposed commerical kitchen use. 10. All earthwork and grading activity shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawaii County Code. 11. Any development -generated runoff shall be disposed of on site and not directed toward any adjacent properties. -10- 12. 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. 13. 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. 14. 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. 15. The Applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. 16. 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. 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. -11- 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). If the Applicant should require an additional extension of time, the Planning Director shall submit the Applicant's request to the Planning Commission for appropriate action. 17. 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. -12-