Loading...
HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-SPP-2022-000027) RKobayashiSPPamendment.CM.1.23.2023 COUNTY OF HAWAI`I PLANNING DEPARTMENT RECOMMENDATION REPORT ROBERT AND RUBY KOBAYASHI AMENDMENT TO SPECIAL PERMIT SPP 1194 (PL-SPP-2022-000027) Upon careful review of the request to delete Condition No. 2 of Special Permit No. 1194, the Planning Director recommends this amendment request 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 applicants requested an amendment to Special Permit No. 1194 to either delete Condition No. 2 (life of permit), or to amend Condition No. 2 for a ten 10-year time extension. Condition No. 2 states: "The life of the permit for the auto repair shop shall be for ten (10) years from the effective date of this amendment, or upon new commercial/industrial zoned lands becoming available within the vicinity of Hawaiian Paradise Park Subdivision and Orchidland Estates Subdivision, with a reasonable period to effect the relocation, whichever occurs first." The Special Permit No. 1194 was originally approved in 2003 to allow the establishment of an auto repair shop operation on 3,500 square feet of a 1.046-acre parcel situated in the Orchidland Estates Subdivision. In 2008, the Planning Commission, now known as the Windward Planning Commission, granted a 5-year time extension to Condition No. 2 of Special Permit No. 1194, which extended the life of the permit to January 17, 2013. Then, in 2013, the Windward Planning Commission granted a 10-year time extension to Condition No. 2 of Special Permit No. 1194, which extended the life of the permit to March 21, 2023. The applicant's primary purpose for the request would be to continue operating their auto repair shop established 20 years ago at the subject property. Furthermore, Hawaiian Paradise Park and Orchidland Estates subdivisions currently have no suitable commercial- or industrial-zoned lands available. -1- The Planning Director finds it appropriate to delete Condition No. 2 and allow the permit to run with the land. The reason for the recommendation is due to the lack of suitable industrial-zoned lands becoming available for use within the subdivision. Additionally,the applicants have operated for over twenty years in good standing with the Planning Department and the Orchidland Community Association. The granting of this request at the subject property would provide a convenient light-industrial service to the growing community. Granting of the amendment request 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 to two 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 located in Regional Town Centers or Community Village Centers,like the Orchidland Neighborhood Village Center, an area identified by the PCDP as located along Orchidland Drive from Highway 130 to -2- halfway between 34 h and 35 h Avenues, which encompasses 15 parcels and an area of about 16 acres, or in the Hawaiian Paradise Regional Town Center located along Kaloli Drive between 24 h and 26t' Avenues which consists of two 20-acre parcels. Neither landowner has plans to develop these parcels to accommodate auto repair shops nor light- industrial land uses 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 will not be contrary to the goals of the General Plan or the PCDP. Granting of the amendment request 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. 1194 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 continue to maintain the existing native forest, plants, and fruit trees on the property 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. In this amendment request the Police Department commented that they do not anticipate any significant impact to traffic and/or public safety concerns with the approval of request. 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.The applicants responded to Fire comments,noting that the applicants complied with Fire Code requirements in conjunction with the building permit process when the use was -3- initially established. According to a letter dated June 17, 2008, the Planning Department confirmed receipt of the applicant's letter stating that they secured and finalized all building and electrical permits for the auto repair shop. Further,the Planning Department confirmed that county records indicated that the applicants had complied with all timed conditions within the permit as of that date.Based on the above considerations,the amendment request 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: 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 culturally significant. By letter dated January 31, 2013, the State Historic Preservation Division (SHPD) determined that there are no previously identified historic properties in the vicinity of the project and that no historic properties will be affected by approval of this request. 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 -4- 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 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 to delete 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): 1. The applicants, successors, or assigns ("Applicant") shall be responsible for complying with all of the stated conditions of approval. [ ] [�]2. Access to the property shall be limited to Ilima Street. Access shall be restricted from [Kea ,, P he ] Kea`au-Pahoa Road (Highway 130). [4-]3. The auto repair shop shall be conducted in substantial conformance with representations made in the application. [-S-.]4. No further subleasing of the property shall occur for auto repair or other business-related activities. [6-.]5. All equipment and supplies shall be stored within the existing structures. [-7-.]6. All vehicles shall be parked on the subject property in a designated area. -5- [8-. Final Plan Appr-aval frafn the Planning Dir-eeter- shall be seetir-ed within six (6) fn its asseetated with the use. The fe"ifed laiidseapifig shall be ifistalled wit six (6) menths frafn the effeetive date of this pefmit. Native speeies fr-em the area shall be- frafn the effeetive date of this afnendment in aeear-da-nee with the Zoning Code,-Seetiefis [9-]7. The hours of operation for the auto repair shop shall be limited from 9:00 a.m. to 5:00 p.m. Monday through Friday. [4&]8. The [appliea-flts] Applicant shall comply with all applicable laws, rules and regulations of the State and County agencies for this auto repair shop use. [44-.]9. If the [appliea-flts] 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. [��]10. 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. -6-