HomeMy WebLinkAboutPD Recommendation Report (PL-SMA-2022-024) RSirlin AJR 2/27/23
COUNTY OF HAWAI`I PLANNING DEPARTMENT
RECOMMENDATION
FRANK SIRLIN
SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION
(PL-SMA-2022-000024)
Upon careful review of the applicant's request against the guidelines for granting of a Special
Management Area Use Permit,the Planning Director recommends that this request to demolish an
existing single-family dwelling and accessory building and construct a two-story, 3,023-square
foot, 4-bedroom, 5.5-bath single-family residence and related improvements which include two
(2) two-car garages, an in-ground swimming pool, spa, and lanais, on 0.38 acres of land situated
within the Special Management Area(SMA)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 approval recommendation is based on the following:
The applicant requests a Special Management Area Use Permit to demolish an
existing single-family dwelling and accessory building and construct a new single-family
dwelling, swimming pool/spa and associated improvements on a 16,40 1-square foot parcel
of land located on the makai (seaward) side of Puak6 Beach Drive within the Special
Management Area (SMA) on the Island of Hawaii. According to Real Property Tax
records, the existing dwelling was constructed prior to the establishment of SMA law, in
1961 under Building Permit No. 18661. The existing house contains 1,552 square feet(sf)
of living area, and 1,329 sf of accessory space for a total of 2,881 sf and contains one (1)
bedroom and two (2) bathrooms. When the dwelling was constructed, the property was
subject to a 20-foot shoreline setback,however,the current shoreline setback is 40 feet and
as such portions of the existing structure are within the shoreline setback area. Due to the
age of the existing dwelling, and its limited size,the applicant is proposing to demolish the
existing dwelling and replace it with a new single family dwelling set outside the minimum
40-foot shoreline setback area. The two-story home would have 3,023 sf of living area and
1,952 sf of accessory area for a total of 4,975 sf,with four(4)bedrooms and rive and a half
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(5.5) baths, two (2) two-car garages and covered lanai. Additionally, the applicant is
proposing to construct an in-ground swimming pool/spa on the property on the makai side
of the parcel. The home will be powered by existing electric service, with potable water
provided by a Department of Water Supply (DWS) existing water meter. The existing
septic system will be closed and replaced with a Department of Health (DOH) approved
aerobic advanced wastewater treatment unit.
The grounds for approving development within the Special Management Area are
based on HRS, Chapter 205A-26(2) (Special Management Area guidelines) and Rule 9-
11(e) of the Planning Commission Rules of Practice and Procedure. Planning Commission
Rule 9-11(e) states that the Planning Commission may permit the proposed development
only upon finding that:
1. The development will not have any significant adverse environmental or
ecological effect except as such adverse effect is minimized to the extent
practicable and is clearly outweighed by public health, safety, or compelling public
interest.
2. The development is consistent with the Special Management Area objectives,
policies and guidelines as provided by Chapter 205A, HRS.
3. The development is consistent with the General Plan, Community Plan, Zoning
Code, and other applicable ordinances.
4. The development will,to the extent feasible,reasonably protect native Hawaiian
rights if they are found to exist, including specific factual findings regarding:
a. The identity and scope of valued cultural historical or natural resources in
the petition area, including the extent to which traditional and customary
native Hawaiian rights are exercised in the petition area.
b. The extent to which those resources including traditional and customary
native Hawaiian rights,will be affected or impaired by the proposed action;
and
c. The feasible action,if any,to be taken by the Authority to reasonably protect
any valued cultural, historical, or natural resources including any existing
traditional and customary native Hawaii rights.
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In review of the SMA guidelines as listed under HRS 205A-26(2)(A), the
proposed development will not have any significant adverse environmental or
ecological effect, except as such adverse effect is minimized to the extent practicable
and clearly outweighed by public health, safety, or compelling public interest.
In considering the significance of potential environmental effects,the Director shall
consider the sum of those effects that adversely affect the quality of the environment and
shall evaluate the overall and cumulative effects of the action on the Special Management
Area. Such adverse effects shall include, but not be limited to, the potential cumulative
impact of individual developments, each one of which taken in itself might not have a
substantial adverse effect and eliminate planning options.
The proposed single-family residence is a replacement of a dwelling that has been
on the property for over 60 years. Demolishing the existing dwelling provides the applicant
the ability to rebuild the home outside the current 40-foot shoreline setback area in what
could be considered a minor implementation of managed retreat which is an acceptable
planning practice for coastal development on small parcels. The existing dwelling was built
within 20 feet of the shoreline due to its age and construction prior to SMA law and as such
does not follow current law regarding the proper siting of shoreline development. The
property is bounded on the shoreline by a legal seawall confirmed to be intact and unaltered
since it was reconstructed (legally) in 2012. The property is bounded by a large wooden
fence to the south and the County owned and maintained pedestrian shoreline access path
directly north of the subject parcel. Based on the above factors the proposed project will
not significantly alter or impact coastal resources nor impact access to and along the
shoreline.
The subject parcel has been used for over 60 years as a residential property within
a well-established residential community therefore the land has been altered by historic
land disturbance common to residential development. The property has also been fully
landscaped for decades; therefore, it is not anticipated that any rare or endangered floral or
faunal species would be found on the parcel, nor would any be affected by the proposed
project. A home on this property would have no adverse effect on natural beauty and scenic
view planes since it is a replacement of a similar structure that has been existing for decades
and is within a community of similar developmental character and use. Based on the small
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size and characteristics, it is anticipated that no historic properties are affected, and there
would be no change to the shoreline/fishing access or cultural practices that take place
along this coastline.
In reviewing the proposed development against the factors that may constitute a
substantial adverse effect as listed under Planning Commission Rule 9-10(H)(1-10),it has
been determined that the proposed project to demolish an existing dwelling and construct
a new single-family residence and related development on a 16,401-square foot parcel of
land will not have a significant adverse environmental or ecological effect upon the Special
Management Area.
In review of the SMA guidelines as listed under HRS 205A-26, the proposed
development is consistent with the objectives and policies as provided by Chapter
205A-26, HRS, and Special Management Area guidelines contained in Rule No. 9 of
the Planning Commission Rules of Practice and Procedure.
The purpose of Chapter 205A-26, Hawai`i Revised Statutes (HRS) and Rule 9 of
the Planning Commission Rules of Practice and Procedure, is to preserve, protect, and
where possible,to restore the natural resources of the coastal zone areas. Therefore, special
controls on development within an area along the shoreline are necessary to avoid
permanent loss of valuable resources and the foreclosure of management options. The
objectives and policies of Chapter 205A-26, HRS and Rule 9-10(h) include, but are not
limited to, the protection of coastal recreational resources, historic resources, scenic and
open space resources, coastal ecosystems, marine resources, beaches, and controlling
development in coastal hazard areas.
The proposed demolition of an existing residence and construction of a new single-
family residence and related improvements is consistent with the objectives and policies of
the Coastal Zone Management Program (Chapter 205A, Hawaii Revised Statutes)
including:
Recreational Resources:
The house site is being moved outside of the shoreline setback area and will not
restrict any current shoreline recreation or activities. Access to the shoreline is via a 15-
foot-wide pedestrian access path located north of the subject property. View planes towards
the shoreline will not be adversely impacted, as the subject parcel has contained a single-
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family residence and related improvements since the 1960's and the development is in line
with similar dwellings and uses in this area. A public pedestrian access route to the
shoreline runs along the northern boundary of the property as shown on plans submitted
with the application and is one of twelve (12) separate access points located along Puak6
Beach Drive. According to the County's Shoreline Access website, this coastline is used
for hiking, swimming, fishing (with restrictions), kayaking and surfing. The shoreline
public access adjacent to the property will not be affected by this project.
Historic Resources:
The small subjectparcel has been developed with a single-family residence for over
60 years and has been graded and landscaped during that time for residential use similar to
the other parcels in this area. As such, no valuable cultural resources and practices have
been known to occur on the parcel. Additionally,there would be no historic resources, such
as the shoreline, that would be adversely affected by the proposed project.
Scenic and Open Space Resources:
The proposed project site is not visible from the vantage point of any public
highway since there is no view from the highway towards the project site. The proposed
project will not impact scenic or open space resources and the use of a single-family
residence is consistent with the other homes along this section of shoreline (Puak6). The
proposed project will maintain existing public access and would not adversely affect any
sight lines or scenic resources in any way.
Coastal Ecosystems and Marine Resources:
The subject property abuts the shoreline; however, the design of the proposed
residence and the conditions of construction permits will minimize potential impacts to
coastal resources such as soil erosion. All mandated setbacks and government regulations
related to runoff and nearshore waters will be adhered to. No threatened or endangered
animal or plant species are present and as such no adverse impact to flora, fauna, or
ecosystems would be expected to result from the proposed development or any activities
associated with the use.It should also be noted that the applicants use of a State Department
of Health (DOH) approved aerobic advanced wastewater treatment unit and the closure of
the existing septic tank built in the 1990's will further mitigate impacts to the nearshore
environment.
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Coastal Hazards:
The property contains entirely landscaped vegetation such as non-native palms,and
ironwood, and no native or endemic species are known or have been observed. The
property is predominantly within Flood Zone AE with a small portion of the shoreline
located within Flood Zone VE. Occupied structures are planned to be elevated above base
flood elevations plus freeboard, and properly engineered to withstand wind and water
loads. The proposed pool will be designed and engineered to comply with flood zone and
building permit regulations. The original structure was subject to periodic flooding having
been built prior to flood zone regulations. The proposed structures will not be subject to
such flooding since the dwelling will be built according to flood zone regulations and will
be outside the 40-foot shoreline setback. The proposed structures will therefore improve
flooding conditions on the parcel. Additionally, the subject property lies approximately
five(5)to seven(7)feet above sea level and within the tsunami evacuation zone. However,
a Civil Defense siren is located directly across the street from the property. Staff notes that
the Puako Beach Drive would be the main evacuation route for citizens in this area.
Based on the above information, the proposed development is consistent with the
objectives and policies of Chapter 205A, HRS.
The proposed development is consistent with the County General Plan, South
Kohala Community Development Plan(SKCDP),Zoning Code,and other applicable
ordinances. The General Plan Land Use Pattern Allocation Guide (LUPAG) for the
County of Hawaii is a policy document expressing the broad goals and policies for the
long-range development of the Island of Hawai'i. The plan was adopted by ordinance in
1989 and revised in 2005. The map designation for the subject property is low density
urban (ldu), which is intended for residential, with ancillary community and public uses,
and neighborhood and convenience-type commercial uses with an allowable over
residential density of up to six units per acre. The proposed development is consistent with
this designation, and it will complement the goals,policies, and standards of the Land Use
Elements of the General Plan. The proposed action is in balance with the natural, cultural,
and social environment of the County, and it will create temporary construction jobs for
local residents and indirectly affect the economy through construction industry purchases
from local suppliers. The residence and associated improvements would be compatible
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with the existing single-family homes and recreational uses in the area surrounding the
subject parcel.
Additionally, the entire property is zoned by the County of Hawaii as Single
Family Residential-10,000 square feet(RS-10)as well as the surrounding properties which
are all zoned RS-10 and developed with single-family dwellings. These properties range in
size from approximately 10,000 to 20,000 square feet. The newly proposed dwelling and
associated improvements will be designed and constructed in a manner that is in keeping
with the neighborhood.
Lastly, the proposed development is consistent with the South Kohala Community
Development Plan (SKCDP). The SKCDP was developed under the framework of the
February 2005 County of Hawaii General Plan and was adopted in 2008 via Ordinance
No. 08-159 by the Hawaii County Planning Commission. The subject property is located
within the Puako Community as identified within the SKCDP. The requested project aligns
with the following policies of the Puako Community Plan as outlined in the SKCDP.
Puako Policy 1. Manage the effect of growth and development: The proposed
project is the demolition of the existing single-family dwelling and the construction of a
new single-family residence keeping with the surrounding areas character. The proposed
project will not result in any change to the areas character or increase in density and will
be built in accordance with current County and building codes.
Puako Policy 3. Environmental Stewardship: The proposed project will include
upgrading the existing septic system to a DOH approved aerobic advanced wastewater
treatment unit which can reduce the potential for wastewater impacts to coastal areas.
Additionally, the proposed project includes the removal of structures within the shoreline
setback area and moving all development to areas outside the shoreline setback area,
including flood improvements to mitigate flooding impacts.
The development will to the extent feasible, reasonably protect native
Hawaiian rights if they are found to exist.In view of the Hawaii State Supreme Court's
"PASH" and "Ka Pa'akai O Ka'Aina" decisions, the issue relative to native Hawaiian
rights, such as 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.
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Investigation of valued resources: Based on the long development history of the
subject parcel is highly unlikely that any historic sites would be found on the property. In
conformance with review criteria the project was submitted to the State Historic
Preservation Division (SHPD) for a HRS, Ch. 6E-42 review. According to a letter dated
December 20, 2022, a review of SHPD records indicate that there are no known
archeological sites or land commission awards within this project area and SHPD records
also indicate that no archeological inventory has been conducted. The project area has
been previously disturbed by grading for the existing residential development, however,
based on the information provided SHPD has no objections to the issuance of the SMA
permit.
The valuable cultural, historical, and natural resources found in the area: The
applicant notes that the subject parcel is located adjacent to an established public shoreline
access trail and no changes to access or use are proposed or anticipated. It is not known
whether the subject site or immediately surrounding area was ever used for the gathering
of plants by native Hawaiians. Given the residential development of the area, it would
appear very unlikely that the site would serve such purpose today and/or in the recent past.
Thus, the project does not appear to present any cultural impacts. However, in the event
documented claims of gathering or access are made of this site the applicant will honor
them.
Possible adverse effects or impairment of valued resources: No floral or faunal
species listed as threatened, endangered, or proposed for listing under the federal or state
endangered species statutes were identified on the site. Additionally, no species used for
cultural gathering purposes were identified within the project area. The residential nature
of the surrounding areas would make it less likely to find other protected or endangered
animal life in this area. All construction and demolition activities will follow Best
Management Practices to minimize adverse point and non-point pollution to coastal
resources and surrounding areas.
Feasible actions to protect native Hawaiian rights: A public pedestrian access route
to the shoreline runs along the northern boundary of the property as shown on plans
submitted with the application and is one of twelve (12) separate access points located
along Puak6 Beach Drive. According to the County's Shoreline Access website, this
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coastline is used for hiking, swimming, fishing (with restrictions), kayaking and surfing.
The shoreline public access adjacent to the property will not be affected by this project.
Lastly, this recommendation for approval is made with the understanding that the
applicant remains responsible for complying with all other applicable government
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, the installation of approved wastewater disposal
systems, compliance with 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 the affected agencies.
Based on the above findings, the proposed development will not have substantial adverse
impacts on the environment, nor will its approval be contrary to the objectives and policies
of Chapter 205A,HRS,relating to Coastal Zone Management and Rule No.9 of the Planning
Commission relating to the Special Management Area. 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 stated conditions of approval.
2) The applicant shall secure all necessary approvals and permits from other affected Federal,
State, and County agencies as necessary to comply with all applicable laws and regulation.
3) Demolition of the existing residence and accessory building and construction of the new
single-family residence and related improvements shall be conducted in a manner that is
substantially representative of plans and details as contained within the SMA Permit
application dated December 7, 2022, and representations made to the Leeward Planning
Commission.
4) Construction of the proposed development shall be completed within five (5) years from
the effective date of this permit.
5) The existing pedestrian shoreline access easement located directly adjacent to the subject
parcel shall remain open and unimpeded during the construction process and after
construction is completed.
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6) Artificial light from exterior lighting fixtures, including, but not necessarily limited to
floodlights, up-lights or spotlights used for decorative or aesthetic purposes shall be
prohibited if the light directly illuminates, or is directed to project across property
boundaries toward, the shoreline and ocean waters, except as may otherwise be permitted
pursuant to Section 205A-71(b), Hawaii Revised Statutes.
7) All construction and maintenance activities shall comply with Chapter 27, Flood Control
of the Hawaii County Code.
8) All earthwork and grading shall conform to Chapter 10,Erosion and Sedimentation Control
of the Hawaii County Code.
9) All development generated runoff shall be disposed of on site and shall not be directed
toward any adjacent properties.
10) The method of sewage disposal shall meet with the requirements of the Department of
Health.
11) The Applicant shall ensure that excessive siltation and turbidity of stream and ocean waters
are contained or otherwise minimized through the use of silt containment devices or
barriers, or other approved Best Management Practices as approved by the Planning
Director.
12) During construction,measures shall be taken to minimize the potential of both fugitive dust
and runoff sedimentation. Such measures shall be in compliance with construction industry
standards and practices utilized during construction projects of the State of Hawaii.
13) 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.
14) An initial extension of time for the performance of conditions within this permit may be
granted by the Planning Director upon the following circumstances:
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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 this permit.
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
Department shall submit the Applicant's request to the Planning Commission for
appropriate action.
15) Should any of the foregoing conditions not be met or substantially complied with in a
timely fashion, the Planning Director may initiate procedures to revoke the permit.
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