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HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-SMA-2023-000034) RKocol AJR 09-21-2023 COUNTY OF HAWAI`I PLANNING DEPARTMENT RECOMMENDATION RANA U'I LLC SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION (PL-SMA-2023-000034) 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 construct a primary farm dwelling, an additional farm dwelling, conduct agricultural uses (Ulu Orchard), and related development on 7.35 acres of land situated in 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 seeks a SMA Use Permit to plant, cultivate, and maintain and 3.25- acre Ulu orchard, construct a single story, three (3) bedroom, three (3) bathroom, 2910 square foot (sf) single family residence (SFR) with an 831-sf two (2) car garage; additional development incudes an entry, a 12' x 30' foot pool, and a lanai. The applicant is also concurrently working to obtain an Additional Farm Dwelling Agreement (AFDA) in order to construct a single story, two (2) bedroom, two (2) bathroom, —1500-sf Additional Farm Dwelling (AFD) to support the future agricultural activities on the property. The applicant is also proposing to construct a 1200-sf storage shed for farm equipment, a 100-sf pump house, and a 150-sf chicken coop. The SFR site is flat and will require minimal grading, with any excavated soil to remain on site and used for landscaping. The existing gravel road and paths will be used with the one extension to the main dwelling. Water will be provided for initial construction and use by the residence from a well to be located on the parcel. Wastewater will be managed by the development of a State Department of Health (DOH) approved Individual Wastewater System (IWS). The construction of the AFD would utilize electricity initially supplied to the site by HELCO. A solar array will power the dwelling once completed. On completion, the solar system will be grid-tied with battery backup system. The applicant also plans to establish a working Ulu orchard using the existing rows to be smoothed flat for cultivation. Once the trees are planted, there will be no digging or disruption to the soil except for a small section of road to the primary dwelling; existing roads will be utilized to support the farming operation. The applicant estimates it will take five (5) years for the orchard to produce commercial quality fruit. The anticipated annual yield will be 78,900 pounds and will be sold to the Hawai'i "Ulu Cooperative. 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 -2- 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 will have negligible impacts on the area and vicinity, and impacts would be limited to the direct physical impacts of the construction of the Primary Farm Dwelling and Additional Farm Dwelling. This construction would have negligible or no impact on coastal ecosystems. Adverse impacts to water quality would not be expected due to both the large, vegetated area located makai of the proposed construction and minimal impervious areas created by construction. The proposed single-family residence, farm, and additional farm dwelling (AFD) would not represent development of coastal areas, as it is considered a permitted use within the Agricultural District and will not alter or impact coastal resources due to it distance from the shoreline. The property was used for over a century for sugarcane agriculture, and no native vegetation is present as the land has been altered by previous land disturbance for agriculture and animal husbandry practices. No rare species or forest resources would be affected by the proposed project as none were observed. The proposed farm on this parcel would have no adverse effect on natural beauty and scenic view planes since it is low profile, and topography aids to hide the proposed project from the highway. No historic properties are affected, and there would be no change to the shoreline/fishing access or cultural practices that take place at the park located across the -3- gulch and outside the project area. In preparation for the proposed farm and residences, the applicant conducted a Phase I Environmental Site Assessment (ESA) to identify and recognized environmental conditions to better understand any potential hazards that remain from the 100+ years of sugarcane agriculture The ESA report found that while there is evidence of significant agriculture and agriculturally related development on the parcel, there is no evidence of recognized environmental conditions that would warrant remediation. The applicant has proposed to exceed the minimum 40-foot shoreline setback by locating construction to more than 160 feet from the top of pali (shoreline) and as such the proposed development would not affect any coastal resources nor adversely affect public use or recreation in this area. 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 develop a Ulu farm with residential structures and related development on 7.35-acres of land will not have a significant adverse environmental or ecological effect upon the Special Management Area. This determination is based on the following: 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. -4- The proposed development of an Ulu farm, residential structures and related improvements is consistent with the objectives and policies of the Coastal Zone Management Program (Chapter 205A, Hawaii Revised Statutes)including: Recreational Resources: No development will be within or near the shoreline setback area and will be approximately 160 feet from the top of the Pali to minimize future impacts related to coastal erosion. Where the property abuts the Pacific Ocean and Hakalau Bay, the vertical slope of the shoreline Pali and steep slope of the Hakalau Gulch Pali as it transitions to the side of the gulch makes any past shoreline access highly improbable. Hakalau Park, lying on the other side of Hakalau Bay, provides shoreline access and a recreation area for the public. Historic Resources: Based on the history of development and use, the area of development proposed shows no evidence of historic properties other than what was noted by SHPD relating to sugarcane cultivation. The subject property is not used for gathering, ceremonial, or other cultural purposes by Native Hawaiians therefore there appears to be no potential for cultural impact to culturally valued resources or cultural practices. The three (3) concrete walls that formed a structure used to stage sugar cane being loaded on to the flume is an old mill related structure that was considered historic. The use of this structure to support the Agricultural Storage facility is consistent with its previous use and was supported by the State Historic Preservation Division. Other than this structure, we do not believe there are any historic structures at the site. Scenic and Open Space Resources: The subject parcel is located near the Hakalau Bay Park, which is across the gulch from the project area. No impact on the open space resources will occur from the proposed project on access to the park. Additionally, the project site is blocked via landforms and vegetation such that no views from the highway exist or will be impacted by the proposed project. -5- Coastal Ecosystems and Marine Resources: The subject property abuts the shoreline; however, the distance of the proposed development 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. Coastal Hazards: The property is located within Flood Zone X, outside of the 500-year flood area, and is not located within the tsunami inundation zone. Since the subject property is located a minimum of 170 feet above mean sea level. The Pali of the adjacent property experienced catastrophic sloughing in 2015. Sometime in 2018, the Pali on the subject parcel also experienced sloughing to a much lesser degree. According to recent findings in a report prepared by the US Geological Survey, in conjunction with the University of Hawai'i, the most"aggressive" episodic sloughing over an extended period is forecast to be 8-inches per year (8-in/yr.). To mitigate this risk, the applicant is proposing to place the Primary Farm Dwelling 160 feet from the Pali edge. Based on current projections, if aggressive sloughing were to continue, it would take 240 years to reach the dwelling. Additionally, the applicant is proposing to sow vetiver grass in the 3/4 acre area adjacent to the vertical Pali which should help stabilize the entire area and produce livestock feed in the process. Lastly, the applicant plans to selectively prune the Hau at the Pali edge which may serve to strengthen the Hau, promoting root and stem vigor to help stabilize and preserve the Pali. 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, Hamakua Community Development Plan (HCDP), Zoning Code and other applicable ordinances. The General Plan Land Use Pattern Allocation Guide (LUPAG) for the County of Hawai`i is a policy document expressing the broad goals and policies -6- 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 Open (ope) and Important Agriculture Lands (ial), which allows for this type of development. The Hamakua Community Development Plan (HCDP) was developed under the framework of the February 2005 County of Hawaii General Plan and was adopted in 2018 via Ordinance 2018-78 by the Hawaii County Planning Commission. The proposed development is consistent with the General Plan LUPAG Map designation as 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 residents and indirectly affect the economy through construction industry purchases from local suppliers. The proposed project would be compatible with the surrounding area, and is consistent with the LUPAG designation, the zoning, and State Land Use District. The project would fulfill the following pertinent goals, policies, and standards of the General Plan as well as the Hamakua Community Development Plan: 1) Identify, protect, and maintain important agriculture lands on the island of Hawaii. 2) Preserve the agricultural character of the island. 3) Preserve and enhance opportunities for the expansion of Hawaii's Agricultural Industry. 4) Assist in the development of agriculture. • Assist in the development of water for agricultural purposes. Encourage large landowners to make agricultural lands available for agriculture. 5) Protect and restore viable agricultural lands and resources (CDP) 6) Enhance and promote local and sustainable agriculture, farming, ranching, renewable energy, and related economic support systems (CDP). 7) Cooperate with appropriate State and Federal agencies and the private sector to develop, improve, and expand agricultural water systems in appropriate areas on the island. (GP 11.2.20)) -7- 8) Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. 9) The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. 10)Provide for suitable living environments that accommodate the physical, social, and economic needs of the Island residents. In summary, the proposed project would be consistent with pertinent goals and policies of the Hawaii County General Plan and the Hamakua Community Development Plan (HCDP). While the HCDP does not list specific land uses for the subject parcel, the proposed residence does align with certain priorities of the natural and cultural resources, and community infrastructure sections, such as: protecting coastal areas from development, protecting, and preserving coastal view planes, preserving historic resources, ensuring appropriate public access is retained or bolstered, and concentrating future development in an existing subdivision. 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: The applicant submitted the project details and development application to the SHPD for their HRS Ch. 6E-42 review and concurrence. SHPD has responded that no historic properties would be affected by the proposed proj ect. The valuable cultural, historical, and natural resources found in the area: Archaeological resources are highly unlikely to exist on the subject property, which has been used for sugar cultivation purposes beginning as early as 1878 with the establishment of the Hakalau Sugar Plantation. In the 1960's, the Hakalau Plantation Company became part of the Pepe`ekeo Sugar Company, and later part of Mauna Kea -8- Sugar. 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. Possible adverse effects or impairment of valued resources: The existing vegetation may be destroyed by ground alteration, however, there is no evidence that the flora in the project area is particularly desired or used for cultural practices. Archaeological remains could inadvertently be uncovered during construction activities, however, according to the applicant, they will adhere to the SHPD condition regarding inadvertent finds. Feasible actions to protect native Hawaiian rights: The proposed development will not restrict access to, and the use of natural resources at the existing park located across the gulch, and off the subject parcel. Conditions of approval have been added to protect endangered, threatened, and indigenous birds such as the Newell's shearwater and the Hawaiian Petrel with regards to lighting. A condition of approval has also been added to protect any unidentified cultural, historical, and natural resource(s) 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. -9- 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 regulations. 3. Other than the proposed project as described in this permit, no further work is permitted under this approval. 4. Construction of the primary Farm Dwelling, Additional Farm Dwelling and Ulu Orchard and related improvements shall be conducted in a manner that is substantially representative of plans and details as contained within the SMA Application dated July 7, 2023, and representations made to the Windward Planning Commission. 5. The Applicant shall secure the Additional Farm Dwelling Agreement (AFDA) permit from the Planning Department prior to beginning construction of the additional farm dwelling. 6. Construction of the proposed development shall be completed within five (5) years from the effective date of this permit. 7. 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. 8. The applicant shall comply with Chapter 27 - Flood Control, of the Hawaii County Code. 9. All earthwork and grading shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawaii County Code. -lo- 10. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. 11. No land alteration, grubbing, landscaping or construction activities, including but not limited to, the stockpiling of debris, construction materials or equipment, shall occur in the shoreline setback area without securing a prior written determination of minor structure or activity pursuant to Rule 11-8 from the Planning Director or approval of a Shoreline Setback Variance from the Planning Commission. 12. The Applicant shall ensure that excessive siltation and turbidity are contained or otherwise minimized through the use of silt containment devices or barriers, or other approved Best Management Practices to minimize impacts to the nearshore and riverine areas. 13. 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 Hawai`i. 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. 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. -11- 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). 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. 16. That in issuing this permit, the Department has relied on the information and data that the Applicant has provided in connection with this permit. If, subsequent to this permit, such information and data prove to be false, incomplete or inaccurate, this permit may be modified, suspended or revoked, in whole or in part, and/or the Department may, in addition, institute appropriate legal proceedings. 17. 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. -12-