Loading...
HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-SPP-2022-000030) RHawaiiRe c overyTre atmentSPP.crk.5.15.2023 COUNTY OF HAWAI`I PLANNING DEPARTMENT RECOMMENDATION HAWAII RECOVERY TREATMENT CENTER, LLC SPECIAL PERMIT APPLICATION PL-SPP-2022-000030 Upon review of the request against the guidelines under Rule 6 of the Planning Commission Rules of Practice and Procedures for granting a Special Permit, the Deputy Planning Director is recommending that this request to operate an in-patient substance abuse and counseling center (Special Treatment Facility) for up to 14 clients within an existing, 7,351 square foot, 5-bedroom,3 1/2 -bathroom dwelling and related improvements be approved by the Planning Commission. Since this recommendation is made without the benefit of public testimony, the Deputy 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 operate an in-patient substance abuse and counseling center for up to 14 clients within an existing, 7,351 square foot, 5- bedroom, 3 1/2-bathroom dwelling and related improvements on a 3.03-acre portion of a larger 29.63-acre parcel of land situated in the State Land Use Agricultural District. The applicant has been operating a Special Treatment Facility under license from the State Department of Health-Office of Healthcare Assurance since 2019, which allows them to provide therapeutic, counseling, coaching, and recovery services to up to eight clients on an in-patient basis, with typical stay duration of 90 days. Pursuant to State statute and County code, this use is permitted provided the number of clients does not exceed 8. The applicant is proposing to expand the number of clients allowed from 8 to a maximum 14, thus a Special Permit is required. To accommodate this increase,the applicant proposes the following alterations to the existing dwelling and related improvements: 1) conversion of an existing storage room's closet and bathroom into an ADA-compliant bathroom; 2) conversion of an existing utility room into a medicine and dispensing room; 3)the addition of a water closet to the existing laundry room; 4) expansion of the existing, compacted gravel -1- parking area and installation of a paved,ADA-compliant parking stall; 5) abandonment of the existing cesspool and replacement with a DOH-approved septic system; 6) installation of an additional rainwater catchment tank for fire suppression water; and 7) development of a 600-square foot greenhouse within the permit area(hereinafter permit area). The treatment facility is and will continue to be run as a 24-hour-a-day, 7-day-a- week operation with daytime working hours between 8:00 a.m. and 5:00 p.m. with a full, up to 16-member staff. Overnight operations will occur between normal daytime hours and will be staffed by two employees. There will be no facility events or activities later than 10:00 p.m. and clients may have visitors between 8:00 a.m. and 6:00 p.m. The applicant will begin permitting and improvements as soon as the Special Permit is granted with the hope of securing a final inspection within one month of receiving a building permit. The applicant estimates the project will cost between $65,000 and $85,000. The criteria for approving a Special Permit are based on Rule 6-7 in the Planning 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, Hawai`i Revised Statutes, as amended. The granting of this request would promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes, as amended. The State Land Use Law and Regulations are intended to preserve,protect, and encourage the development of lands in the State for those uses to which they are best suited in the interest of the public health and 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 County General Plan designates the property as important agricultural land and the soils are classified as "C" or Fair by the Land Study Bureau's Overall Master Productivity Rating and designated as "Prime"by the Department of Agriculture's ALISH Map. Despite the preceding, the applicant will only be utilizing a 3.03-acre, -2- already developed portion of the larger 29.63-acre parcel for the proposed use. So,while a portion of the property will be used for non-agricultural uses, the overall agricultural potential of the subject property will not be diminished. Currently,the permit area includes some ornamental and fruit trees, and the applicant proposes to expand agricultural uses of the property by planting Rambutan orchard and developing a 600-square foot greenhouse for vegetable cultivation, thus agricultural uses on the subject property will continue. Therefore,the proposed use will not adversely affect the preservation and agricultural use of prime agricultural lands and is not contrary to the objectives sought to be accomplished by the State Land Use Law and Regulations. The proposed use is an unusual and reasonable use of land situated within the State Land Use Agricultural District. In recognizing that lands within agricultural districts might not be best suited for agricultural activities and yet classified as such, and in recognition that certain types of uses might not be strictly agricultural in nature,yet reasonable in such districts, the legislature has provided for the Special Permit process to allow certain unusual and reasonable uses within the Agricultural district. The subject, 29.63-acre property is located approximately '/2 mile west(mauka) of Highway 19 in Umauma. The 3.03-acre permit area is improved with an existing, permitted, 7,351 square foot, 2-story, 5-bedroom, 3 1/2 -bathroom dwelling built in 2002 and with various permitted additions and alterations in the years thereafter. The permit area is also improved with a 1,620 square foot,permitted steel, Quonset-style agricultural storage shed built in 2004. These improvements have been used since 2019 as part of a permitted Special Treatment Facility under license of the State Department of Health. Continued use of this area and improvements for the same use, but with more clients, is unusual in that it is not agricultural in nature; however, it is also reasonable to continue the use as the impacts of the expanded clientele will be negligible to the use of the property. Additionally, the applicant plans to continue existing agricultural use of property and expand it in the future. Based on the preceding, the subject request is considered an unusual and reasonable use of the agricultural land. -3- 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 Deputy Planning Director recommends the following: (A) Such use shall not be contrary to the objectives sought to be accomplished by the Land Use Law and Regulations. The subject request is considered an unusual and reasonable use of the agricultural land and the proposed use will not adversely affect the preservation and agricultural use of the County's prime agricultural lands. (B) The desired use shall not adversely affect the surrounding properties. Adjacent lands are similarly zoned Agricultural-20 acres (A-20a) and nearby uses consist primarily of agricultural fields and orchards and vacant land. As previously stated, the applicant has been operating a Special Treatment Facility under license from the State Department of Health-Office of Healthcare Assurance since 2019 for up to 8 clients, and during this time the Planning Department has no record of complaints or issues from its operation nor has the Department received any opposition testimony from the public at the time of this writing. The proposed uses will continue to take place within the permit area and largely indoors. The permit area is landscaped and most of the north, south, and west(mauka) property lines are heavily vegetated providing a natural visual and noise buffer from surrounding properties. The nearest dwelling is situated approximately 2,100 feet to the south of the permit area, and given the site's topography and vegetation, there are no site lines to any surrounding dwellings. Finally, as represented in the application, client visitation hours will occur between 8:00 a.m. and 6:00 p.m. and all facility-related activities will cease at 10:00 p.m. A condition of approval will require compliance with these representations. Based on the preceding it is not anticipated that the proposed use will adversely affect the surrounding properties. (C) Such use shall not unreasonably burden public agencies to provide roads and streets, sewers,water, drainage, school improvements, and police and fire protection. Access to the subject parcel and permit area is provided via a driveway from Old Mamalahoa Highway, which is a County-owned and maintained roadway consisting -4- of varied pavement width of 12-20 feet within a 40-foot-wide right-of-way. The approximately 10-foot-wide, paved, asphalt driveway crosses two intervening parcels makai of the subject parcel, across which the applicant has legal access via an easement. Traffic along Old Mamalahoa Highway in the vicinity of the subject parcel is minimal given its remote location and low-density development. The facilities currently generate about 18 cars (generating 36 vehicle trips) throughout any given day. The applicant anticipates that traffic will stay at the existing level if the Special Permit is granted. County water is not available to the subject property. According to the application, there is an existing 17,000-gallon, closed potable water tank that is filled with trucked,potable water for facility use. A condition of approval will require the applicant to comply with State Department of Health-Safe Drinking Water Branch rules. In addition, there are currently three 5,000-gallon rainwater catchment tanks for fire suppression and the applicant is proposing to install an additional catchment tank to meet water reserve requirements of the Fire Code. A condition of approval will require the applicant to comply with requirements of the Fire Code related to water supply for fire suppression and vehicle access. There is no municipal sewer system in the area. The property is currently improved with a permitted cesspool; however, the applicant is proposing to abandon and backfill this facility and replace it with a septic system that has already been designed and approved by the State Department of Health. The preceding will be added as a condition of approval. The applicants will need to secure a building permit to complete interior improvements to the dwelling,but indicated in the application that the dwelling which is currently permitted for R-3 occupancy will remain in R-3, residential group occupancy. However, according to the Department of Public Works Building Division, the increase in occupant load from 8 to 14 clients will require a change of use building permit to R-4 group occupancy, pursuant to the 2018 International Building Code (IBC), which was adopted by the County since the existing Special Treatment Facility was licensed in 2019. Additionally, while not indicated on the submitted site plan, there are two unpermitted -5- trailers located in the permit area that the applicant indicates are used as a den for clients of the facility. A condition of approval will require the applicant to secure necessary building permit approval for all existing and proposed structures prior to the expansion of the number of clients of the special treatment facility. The property is situated within an area designated as Flood Zone X on the Flood Insurance Rate Map (FIRM) by FEMA, an area of minimal flood hazard located outside the 500-year flood plain. Electrical and telephone services are available to the property. Fire and medical services are available nearby in Laupdhoehoe. Based on the preceding, the requested use will not burden public agencies to provide additional services. (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 1962. Subsequently, the regulations and Land Use District Boundaries became effective in August of 1964. Although 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, various "non-agricultural" services and uses may be allowed. Since the district boundaries were established, there has been an increased demand for in-patient therapeutic, counseling, coaching, and recovery services in areas outside of the urban core and on rural/agricultural lands. In fact, these types of uses are permitted by right on agricultural land, provided the number of clients is 8 or fewer and a license is obtained by the State Department of Health. Only the requested increase in clients beyond 8 is triggering the requirement for a Special Permit. (E) The land upon which the proposed use is sought is unsuited for the uses permitted within the district. The property's soils are classified as "C" or Fair by the Land Study Bureau's Overall Master Productivity Rating and designated as "Prime" by the Department of Agriculture's ALISH Map, so the land is well suited for agricultural uses, as is evidenced by current and planned agricultural uses of portions of -6- the property. The continued use of a 3.03-acre portion of the larger 29.63-acre property will not have a negative impact on the agricultural use of the remaining land. (F) The proposed use will not substantially alter or change the essential character of the land and the present use. Since 2019, the applicant has been operating a Special Treatment Facility licensed by the State of Hawaii since 2019 on what is being proposed as the permit area subject parcel. Except for an increase in permitted clients from 8 to 14, nothing else will significantly change on the property, thus the proposed request will not substantially change the essential character of the land and the present use. A condition of approval will require continued compliance with the requirements of the State Department of Health-Office of Healthcare Assurance for the expanded use. (G) The request will not be contrary to the General Plan and official Community Development Plan and other documents such as Design Plans. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non- urban form for areas within the County. The subject property is designated as Important Agricultural Lands by the General Plan, which are those lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. As mentioned previously, the proposed use occurs entirely within an existing dwelling and will not diminish agricultural use of the subject property, including existing fruit trees and ornamental plants. The approval of the subject request would support the goals and policies of the Land Use and Economic elements of the General Plan. Land Use Element • Designate and allocate land areas in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. -7- • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. Economic Element • Economic development and improvements shall be in balance with the physical and social environments of the island of Hawai`i. • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. • The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. • Encourage the health/wellness industry. The proposed request will allow the applicant to expand current counseling, coaching, and treatment services to a broader clientele while creating minimal additional impact on the property and surrounding community. Based on the preceding, the proposed request is consistent with the Land Use and Economic goals and policies of the General Plan. The Hamakua Community Development Plan (HCDP), originally adopted by the Hawaii County Council by Ordinance No. 18-78,which became effective on August 22, 2018. The HCDP does not have any policies that prohibit Special Permits of this type and prioritizes the development and expansion of the health and wellness industry in the CDP planning area. Based on the preceding, the request is consistent with the goals and objectives of the HCDP. 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 subject property is located approximately 0.6 miles from the nearest shoreline, is not within the Special Management Area and will not be impacted by coastal hazard and beach erosion. There is no designated public access to the mountain or shoreline areas over the property. Therefore,the proposed use will not adversely impact -8- any recreational resources, including access to and along the shoreline, scenic and open space nor visual resources, coastal ecosystems, and marine and coastal resources. Therefore,the proposed use is not contrary to the objectives of Chapter 205A, Hawaii Revised Statutes. 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 special 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. The entire parcel has been historically used for sugar cane cultivation, and more recently, the 3.03-acre permit area has been cleared and developed with a dwelling and related accessory structures and improvements. The remainder of the property is vacant of any uses or structures. According to the applicants, it is not known whether the subject property or immediate surrounding area has been used in the recent past for the gathering of plants by Native Hawaiians. Furthermore, the applicants have not observed any Native Hawaiians gathering plants or conducting any other customary and traditional practices on the site or the adjoining properties. No professional floral or faunal survey conducted for the floral and faunal resources of the site, due to the property's extensive history of use for sugar cane cultivation and the already developed and maintained nature of the permit area.None of the applicant observed floral or faunal species are listed or endangered. Finally,the -9- applicant is not proposing any additional land clearing as part of the project and all the proposed uses will take place within the already cleared and developed permit area. 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 property as mentioned above. Feasible actions to protect native Hawaiian rights: As stated by the applicant,no 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 recommendation is made with the understanding that the applicants remain responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permit, 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 the affected agencies. Based on the above considerations,the proposed operation of an in-patient substance abuse and counseling center (Special Treatment Facility) for up to 14 clients within an existing, 7,351 square foot, 5-bedroom, 3 1/2 -bathroom dwelling and related improvements is an unusual and reasonable use of land which would not be contrary to the objectives sought to be accomplished by the Land Use Law and Regulations. Approval of this request is subject to the following conditions: 1. The applicant, their successor(s), or assign(s) ("Applicant") shall be responsible for complying with all stated conditions of approval. 2. The operation of the proposed use shall be conducted in a manner that is substantially representative of plans and details contained within the Special Permit Application received by the Planning Department and any representations -10- made to the Windward Planning Commission. Any substantial expansion or uses beyond what is represented in these documents shall require an amendment to this permit. 3. The Applicant shall comply with all requirements of the State of Hawai`i Department of Health - Office of Healthcare Assurance related to the licensing and operation of the Special Treatment Facility prior to expansion of client occupancy beyond 8 clients. 4. As represented by the Applicant, client capacity shall be limited to 14 clients and associated staffing. 5. As represented by the applicant, facility program hours shall be from 8:00 AM until 10:00 PM. Client visiting hours shall end at 6:00 PM. Quiet hours for the facility shall be from 10:00 PM until 8:00 AM. 6. Prior to the expansion of client occupancy beyond 8 clients, 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, driveway access and parking stalls, outdoor lighting (if any), and other improvements associated with the proposed development. 7. Prior to the expansion of client occupancy beyond 8 clients, the Applicant shall secure and finalize all required building permits from the Department of Public Works Building Division, including a change of use building permit for the existing structures to be converted from use as a single-family dwelling to the proposed expanded Special Treatment Facility. Additionally, the applicant will secure and finalize building permits for the den trailers within the permit area or remove the trailers. 8. Prior to the expansion of client occupancy beyond 8 clients, the Applicant shall install an individual wastewater system meeting with the requirements of the State of Hawai`i Department of Health. -11- 9. Prior to the expansion of client occupancy beyond 8 clients, the Applicant shall install, construct, and maintain improvements for Fire Department Access Road (FDAR) access to the subject property and fire suppression improvements on the subject property, including but not limited to on-site water storage, as required by the Fire Department. Upon successful completion of the improvements and prior to the commencement of the proposed use, the applicant shall provide the Planning Department documentation from the Fire Department that the improvements meet Fire Code standards. 10. The Applicant shall provide potable water from a system approved by the State Department of Health to the Special Treatment Facility. 11. All development-generated runoff shall be disposed of onsite and shall not be directed toward any adjacent properties. 12. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control of the Hawaii County Code. 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 Department of Land and Natural Resources-State Historic Preservation Division (DLNR-SHPD) 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. Comply with all applicable County, State and Federal laws, rules and regulations and requirements. 15. Should any of these conditions not be met or substantially complied with in a timely manner, the Director may initiate procedures to revoke this Special Permit. -12-