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HomeMy WebLinkAboutPD Recommendation Report (PL-SMA-2023-000032) R Aloha Kia SMA 811 2023 COUNTY OF HAWAI`I PLANNING DEPARTMENT RECOMMENDATION ALOHA KIA SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION (PL-SMA-2023-000032) 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 allow for the development of a new car dealership and service station on 1.795 acres of land situated within the Special Management Area 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 develop a new car dealership and service station on the subject property. The project includes the following improvements: • Convert the existing 6,400 square foot commercial building into a showroom, offices, and parts department. • Construct a 1,120 square foot roof addition on southwest side of existing building to support offices and a lounge area. • Construct a new 6,770 square foot building to house eight(8) service bays and detailing (car wash) area. • 135 parking stalls will be placed for customers, employees, and the sales inventory. • Landscaping around the property will also be included. • One (1) public restroom for men and one (1) public restroom for women will be placed in the main commercial building. • The new parking area will be paved and striped. 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 Authority (Planning Commission) may permit the proposed development only upon finding that: 1. The development will not have any substantial 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 objectives and policies and the Special Management Area 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. In review of the SMA guidelines as listed under HRS 205A-26(2)(A), the proposed development will not have any substantial 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 project did not meet the criteria in State law for the requirement of -2- an environmental assessment or environmental impact statement. While the subject parcel is located within the Special Management Area, no work is proposed within the shoreline setback area. Additionally,no work is proposed within the State Right-of-Way(ROW)and as such no HRS 205A trigger was identified. In review of the SMA guidelines as listed under HRS 205A, the proposed development is consistent with the objectives and policies as provided by Chapter 205A, 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, Hawaii Revised Statutes (HRS) and Special Management Area Rules and Regulations of the County of Hawaii, 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,HRS 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. Coastal Recreational Resources: The subject property is located across the street from the Reeds Bay Ice Ponds, which is frequently used for recreational activities. The proposed project is more than 80-feet from the Ice Ponds,with a new roadway and drainage system recently constructed between the project area and the pond. This project will not impact access or the enjoyment of the ponds or larger Reeds Bay area. The project will be constructed with drainage and runoff mitigation to prevent impact to the ponds from stormwater. Historic and Cultural Resources: Although no commissioned archaeological survey of the site was conducted,it is highly unlikely that any historic sites would be found on the property as the parcel has been developed for commercial use with an existing commercial building and parking lot for many years. The entire site has been graded and cleared completely with little vegetation other than along property boundaries. Scenic and Open Space Resources: Scenic views of Reeds Bay Ice Ponds and the -3- shoreline area will not be impacted by the proposed development. The new proposed building will be on the southwest side of the parcel, along Kamehameha Avenue. The property will utilize landscaping to beautify the parcel and will be designed to avoid scenic view impacts to the shoreline and Reeds Bay as well as screen the development from the shoreline area. No building will exceed 23-feet in height which is consistent with the surrounding development. Coastal Ecosystems, Marine Resources, Beaches: The proposed project will be developed in accordance with the construction Best Management Practices to minimize adverse impacts to air pollution, sedimentation, erosion, control stormwater runoff, and wastewater management. A County grading permit via the Department of Public Works, as well as a National Pollutant Discharge Elimination System (NPDES) and Stormwater Pollution Prevention Plan (SWPPP) permit will be required prior to the start of construction. The proposed development will tie into the existing sewer system and will be designed to control potential stormwater runoff. Staff notes that there are two (2) new stormwater drains located on the north side of the property along the roadway which will assist in capturing stormwater runoff from the parcel before it reaches Reeds Bay Ice Ponds. Coastal Hazards: The project site is not a shoreline parcel; however, it is located across the street from Reeds Bay, and is located within the Tsunami Evacuation Zone. Civil Defense sirens are located approximately 550 feet west of the property. If required, an emergency preparedness and response plan can be created for the proposed development. There are no known hazards on site relating to stream flooding, erosion, or other environmental factors that could create hazards to life and property. The proposed development is consistent with the County General Plan, Hilo Community Development Plan (HCDP), 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 proposed development is consistent with the General Plan LUPAG Map designation of Industrial (Ind) which includes uses such as manufacturing -4- and processing, wholesaling, large storge and transportation facilities, light industrial and industrial-commercial uses. Staff notes that when the HCDP was drafted,the LUPAG designation identified the subject area as"Resort",however,this designation conflicts with the area's General Plan designation as Industrial. Further, the Limited Industrial zoning of the subject property would be more in line with the surrounding zoning and land use in the are as adjacent properties to the East and across the street to the south are all Industrial zones. Additionally,the adjacent property to the west(Suisan)was approved for a rezoning from V-7.5 to ML-20 in 1981, which was after the HCDP was drafted. The project site is located within an area adequately served with essential services such as water, electricity, and telephone. Wastewater will be connected to the existing County sewer line, and conditions of approval will require the applicant to install and/or upgrade any necessary water and sewer lines to connect to the County's main water and sewer lines located on the parcel. 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. Investigation of valued resources: Previous approvals for land development on this parcel have not revealed any historic resources on the subject parcel. Staff notes that this property has undergone extensive ground disturbance and grading of the parcel during the development of the existing commercial building and parking area. The County has determined that based on the location of the parcel being within a heavily used commercial/industrial area that no historic properties would be affected by the proposed proj ect. The valuable cultural, historical, and natural resources found in the area: The only valuable resource in the immediate area is Reeds Bay Ice Ponds which is located across the three (3) lane Kalaniana`ole Street which was recently improved along its entire length in this area. The proposed project will not impact or affect the use of Reeds -5- Bay Ice Ponds and the nearby Banyan Drive area. Possible adverse effects or impairment of valued resources: There is no evidence that the flora in the area is particularly desired or used for cultural practices as the site has a long history of ground disturbance and development that has completely removed most of the vegetation on the site. There are no tall trees, and landscaping will be used to screen the property from the surrounding area and provide some beautification to the area which is primarily heavy development and industrial uses. Feasible actions to protect native Hawaiian rights: The proposed development will not restrict access to, and the use of natural resources at the Reeds Bay Ice Ponds as the subject property is located across the street. A condition of approval has also been added to protect any unidentified cultural, historical, and natural resources in the event any are encountered during construction. To the extent that traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights. Lastly, this 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: -6- 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 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 regulations. 3. Construction and operation of the proposed new Aloha Kia Car Dealership shall be conducted in a manner that is substantially representative of plans and details as contained within the Special Management Area Use Permit application dated May 19, 2023, and representations made to the Windward Planning Commission. 4. Prior to the issuance of a water commitment by the Department of Water Supply (DWS), the Applicant shall submit the anticipated maximum daily water usage calculations as prepared by a professional engineer licensed in the State of Hawaii to the DWS for approval. 5. The Applicant shall install a reduced pressure type backflow prevention assembly, within five(5)feet of the meter on private property to be inspected an approved by the Department of Water Supply prior to water service activation. 6. The Applicant shall implement any improvements required by the Fire Department and/or Department of Water Supply to ensure that fire protection requirements can be met for commercial uses prior to issuance of a Certificate of Occupancy. 7. Construction of the proposed development shall be completed within five (5) 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),paved driveway access and parking areas 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's Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawaii County Code. 8. All driveway connections to Kalaniana`ole Street and Kamehameha Avenue shall conform to Chapter 22, County Streets, of the Hawaii County Code. 9. The Applicant shall comply with Chapter 27 -Flood Control, of the Hawaii County Code. -7- 10. All earthwork and grading shall conform to Chapter 10,Erosion and Sedimentation Control of the Hawaii County Code. 11. The Applicant shall not, at any time, impede or otherwise restrict public access to the shoreline at Reeds Bay Ice Ponds located across the street from the project parcel. 12. 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. 13. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall be prepared by a professional civil engineer licensed in the State of Hawaii and submitted to the Department of Public Works prior to issuance of Final Plan Approval. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy for any portion of the development. 14. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of Final Plan Approval. 15. Sewer lines shall be installed within the development to connect with the County's sewer system, meeting with the approval of the Department of Environmental Management. 16. 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. 17. A National Pollutant Discharge Elimination System (NPDES)permit, if required, shall be secured from the State Department of Health before the commencement of construction activities. 18. 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, 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- -8- 7651. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. 19. An initial extension of time for the performance of conditions within this 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, successors or assigns, 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. The 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). 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. 20. 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. -9-