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HomeMy WebLinkAbout2024-01-03 (3) Email Claudia Rohr Testimony PD Report on SMA Minor Permits DISTRIBUTED AT WPC 01-04-2024 HEARING RE: PD CORRECTED SMA NOVEMBER 2023 REPORT EMAIL#3 CLAUDIA ROHR From: Claudia Rohr To: W PCtesti mono Subject: Testimony WPC meeting January 4,2024, Planning Director"s Report on SMA minor permits Approved November 2023 Date: Wednesday,January 3,2024 1:15:23 PM Attachments: PL-SMM-2023-000054.odf another attachment to my testimony. Mitchell D.Roth ����Y.ng"'w, Zendo Kern Mayor ; ,.• latiq� Director Lee E.Lord Jeffrey W. Darrow Managing Director Deputy Director iTf O•f*H�i� West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy u • • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of l lawal 1 Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 November 06, 2023 Brian Clark P.O. Box 27 Papa`ikou, HI 96781 Dear Mr. Clark: SUBJECT: Special Management Area Use Permit Assessment Application (PL-SAA-2023-000193) Special Management Area Minor Permit (PL-SMM-2023-000054) Applicant: Brian Clark Landowner: Brian Clark Living Trust Request: Subdivide Property into Four (4) Parcels TMK: (3) 2-7-004:118, South Hilo District, Island of Hawaii We have reviewed the subject Special Management Area (SMA) Use Permit Assessment Application (PL-SAA-2023-000193) received by this office on October 6, 2023. The applicant is requesting approval for a four (4) lot subdivision of the subject TMK. Staff notes the subject parcel was created though subdivision No. 6848 in 1997. The 16.93-acre subject parcel is zoned both Agriculture 3-acres (A-3a) and Agriculture twenty (20) acres (A-20a) by the County and designated as both Agriculture and Conservation by the State Land Use Commission (LUC). The subject parcel is designated as "Open" (ope), Low Density Urban (ldu) and Industrial (ind) by the Hawaii County General Plan Land Use Pattern Allocation Guide (LUPAG) map. The subject parcel is located within the Special Management Area (SMA), and it is considered a "shoreline parcel" as defined by Section 205A-41, Hawai`i Revised Statutes (HRS). Since the proposed project is a subdivision of land with no associated construction activities, the Director has waived the requirement for a shoreline certification. Staff notes that the portion of the parcel that lies within the State Land Use Conservation District will not be subdivided, but will be included into the boundary of the new Lot 1. www.nlanning.hawaiicounty.eov Hawaii County is an Equal Opportunity Provider and Employer planningAhawaiicounty.eov Brian Clark November 06, 2023 Page 2 Special Management Area Determination: Staff notes that the subdivision that created the subject parcel in 1997 was not considered "development" in accordance with Planning Commission Rule 9-4(e)(2)(M), which states: Subdivision of a parcel of land into four or fewer parcels when no associated construction activities are proposed, provided that any such land which is so subdivided shall not thereafter qualify for this exception with respect to any subsequent subdivision of*any of*the resulting parcels. Since the subject parcel to be subdivided was created via this exemption, the current proposed subdivision is therefore considered to be"development". According to Hawaii Revised Statutes (HRS) Chapter 205A-44 and Planning Commission (PC) Rule No. 9-4(e)(1)(E) relating to Special Management Area (SMA), "Change in the density and intensity of use of land, including but not limited to the division or subdivision of land" is defined as "development." Based on the above, the proposed four (4) lot subdivision is considered "development" and requires a review against the Special Management Area rules and regulations. Our review has resulted in the issuance of a SMA Minor Permit because the total valuation of the proposed project is under $500,000 and will not have a cumulative impact or significant adverse environmental or ecological effect on the SMA. Therefore, pursuant to Chapter 205A-22, Hawai`i Revised Statutes (HRS), Special Management Area Minor Permit No. PL-SMM-2023-000054 is hereby issued for the project as described above. It is the applicant's responsibility to read and comply with the conditions listed in the enclosed permit. If you have questions regarding this document, please contact Alex J. Roy of this office at (808) 961-8140 or via email at Alex.Roykhawaiicountv.gov Sincerely, Zen do Kern(Nov 6,2023 08:21 HST) ZENDO KERN Planning Director AJR:Ims \\coh01\planning\public\wpwin60\czm\smm\2023\pl-smm-2023-0000541_clark_sub_4_lot.doc Enclosure: SMA Minor Permit No. PL-SMM-2023-000054 Exhibit 1 — Site Plan cc via email w/enclosures: Shichao Li, State-OPSD Lisa E. Webster, State-OP SD GIS Section Administrative Permits Division Mitchell D.Roth ����Y.ng"'w, Zendo Kern Mayor ; ,.• latiq� Director Lee E.Lord Jeffrey W. Darrow Managing Director Deputy Director iTf O•f*H�i� West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy u • • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of l lawal 1 Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 Special Management Area Minor Permit No. PL-SMM-2023-000054 Project: Subdivide Property into Four (4) Parcels Applicant(s): Brian Clark Landowner(s): Brian Clark Living Trust TMK(s): (3) 2-7-004:118 Location: Papa`ikou, South Hilo District,Island of Hawaii Land Area: 16.93-acres Applicant's Request 1. Project Description: The applicant is proposing to subdivide subject parcel to create a 4- lot subdivision and no associated construction activities. No other work or development is proposed at this time. 2. Purpose of Project: The purpose of the proposed project is to subdivide the subject parcel into four(4) separate lots of record. 3. Project Valuation: $60,000. 4. Determination: Staff notes that the subdivision that created the subject parcel in 1997 was not considered "development" in accordance with Planning Commission Rule 9- 4(e)(2)(M), which states: Subdivision of a parcel of land into four or fewer parcels when no associated construction activities are proposed, provided that any such land which is so subdivided shall not thereafter qualify for this exception with respect to any subsequent subdivision of any of the resulting parcels. Since the subject parcel to be subdivided was created via this exemption, the current proposed subdivision is therefore considered to be "development". Additionally, according to Hawaii Revised Statutes (HRS) Chapter 205A-44 and Planning Commission (PC) Rule No 9-4(e)(1)(E), "Change in the density or intensity of use of land, including but not limited to the division or subdivision of land" is defined as "development." Therefore, the proposed subdivision of the subject parcel into four (4) lots is considered "development" and requires a review against the Special Management Area rules and regulations. Our review has resulted in the issuance of a SMA Minor Permit because the total valuation of the proposed project is under $500,000 and will not have a cumulative impact or a significant adverse environmental or ecological effect on the SMA. www.planning.hawaiicounty.eov Hawaii County is an Equal Opportunity Provider and Employer planningAhawaiicounty.eov Brian Clark November 06, 2023 Page 2 State and County Plans 5. State Land Use District: The subject parcel is within the State Land Use Agriculture and Conservation District. 6. General Plan: The subject parcel is designated as Open, Low Density Urban, and Industrial by the Hawaii County General Plan Land Use Pattern Allocation Guide (LUPAG) Map. 7. County Zoning: The parcel is currently zoned as both Agriculture 3-acres (A-3a) and Agriculture 20-acres (A-20a). 8. Special Management Area: The project parcel is located within the Special Management Area (SMA) and it is considered a "shoreline parcel" as defined by Section 205A-41, Hawai`i Revised Statutes (HRS). 9. Flood Zone: FEMA designates the subject parcel as being within Flood Zone"X". Compliance with Objectives and Policies of Chapter 205A, Hawaii Revised Statutes (HRS), Regarding the Special Management Area Check all objectives and policies found to be consistent with proposed development. Issuance of SMA Minor Permit requires that activity be consistent with all objectives & policies. The proposed development is consistent with the following objectives and policies: l Development will not have any significant adverse environmental or ecological effect, except as any adverse effect is minimized to the extent practicable and clearly outweighed by public health, safety, or compelling public interest. These adverse effects shall include but not be limited to the potential cumulative impact of individual developments, each of which taken by itself might not have a significant adverse effect and the elimination of planning options. l The proposed development is consistent with the Hawaii County General Plan, community plan, and zoning; provided that a finding of consistency shall not preclude concurrent processing where a general plan, community plan, or zoning amendment may also be required. l The proposed development does not conflict with the following objectives of Chapter 205A, HRS (as amended), to: 0 Provide coastal recreational opportunities accessible to the public. Brian Clark November 06, 2023 Page 3 0 Protect, preserve, and where desirable, restore those natural and man-made historic and pre-historic resources in the coastal zone management area that are significant in Hawaiian and American history and culture. 0 Protect, preserve, and where desirable, restore or improve the quality of coastal scenic and open space resources. 0 Protect valuable coastal ecosystems, including reefs, beaches, and coastal dunes, from disruption and minimize adverse impacts on all coastal ecosystems. 0 Provide public or private facilities and improvements important to the State's economy in suitable locations. 0 Reduce hazard to life and property from coastal hazards. 0 Improve the development review process, communication, and public participation in the management of coastal resources and hazards. 0 Stimulate public awareness, education, and participation in coastal management. 0 Protect beaches and coastal dunes for: Public use and recreation; The benefit of coastal ecosystems; Use as natural buffers against coastal hazards; and coordinate and fund beach management and protection. 0 Promote the protection, use, and development of marine and coastal resources to assure their sustainability. 0 The proposed development is consistent with the following policies of Chapter 205A, HRS, relating to: 0 Recreational Resources 0 Historic Resources 0 Scenic and Open Space Resources 0 Coastal Ecosystems 0 Economic Uses 0 Coastal Hazards 0 Managing Development Brian Clark November 06, 2023 Page 4 0 Public Participation 0 Beach and Coastal Dune Protection 0 Marine and Coastal Resources 0 The proposed development conforms to the requirements of Chapter 343, HRS, regarding Environmental Impact Statements. Findings 1. As discussed above, the proposed four (4) lot subdivision 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. 2 The proposed development is consistent with the objectives, policies, and SMA guidelines of Chapter 205A, HRS. 3. The estimated project cost of$60,000 is not in excess of$500,000. Approved Uses, Activities and Operations Pursuant to Planning Commission Rule Section 9-10(e), Special Management Area Minor Permit No. PL-SMM-2023-000054 is hereby approved for the proposed subdivision of the subject parcel into four (4) new lots (Lot 1, 2, 3 and 4)), subject to the applicants' compliance with the conditions of approval as specified below. Conditions of Approval The Planning Director has approved SMA Minor Permit No. PL-SMM-2023-000046, 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. The Applicant shall comply with all conditions and recommendations outlined in County Zoning Code relating to Subdivisions and shall apply for any variances required for the proposed subdivision, including, but not limited to, water and access. Brian Clark November 06, 2023 Page 5 4. The Applicant shall ensure that the shoreline trail remains in its current use and location. 5. 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. 6. Any further development, including but not limited to, the construction of structures or improvements not included in this determination shall require further review and approval as provided under Chapter 205A, HRS, and Rule 9, Planning Commission Rules of Practice and Procedure. 7. 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 issuance of 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. 8. The Planning Director shall initiate procedures to revoke this permit should any of the conditions not be met or substantially complied with in a timely fashion. If you have any questions, please feel free to contact Alex Roy at(808) 961-8140 or via email at Alex.Roy�ic,,hawaiicounty.gov. APPROVED: ZeiliD keen 11/06/23 Zendo Kern(Nov 6,2023 08:21 HST) ZENDO KERN Date Planning Director SUBDIVISION OF LOT G OF ROYAL PATENT 4968,L.G.AWARD 4645 TO PAAOAO&ROYAL PATENT 7875,L.G.AWARD 11215,APANA 1 TO ARONA KEALIIHONUI RESUBDIVIDING IT INTO LOTS 1,2,3&4 AT PAPAIKOU.SOUTH HILO,COUNTY OF HAWAII,STATE OF HAWAII / / Qus- 253 013Q„ 1 D 2% Ld7 _ �' 0 32'1 \\ <s swSv�f•61 9 A / A ^4 L53112 L43 l4 3 R o LOT 11 sal.c uc L� top of pafi 01`Q La Lfi L4 g a �x,T. v TRUE TN a.Iwx' HOHALA PACIFIC OCEAN HH(OA 6II Is iI A I Il f— [23 W\ a E]LA oo FeeT w \ , 1 IL51 LOT 4 —4E L25 ISLAND LMAP 41 a0 L27 S \u \P I L ourec�E /�3"j998' 41.00� FNS /�� 1983 \ w1q "A \ N spa i 13e191s �� v LOT V7S/O� R140.0 \\\ \ 3.953 s \-S" ...�4 1- / 11 54.15' a - LOT 17 I I l eEres.iErrT��rcewuer \\ 229'57' 14 LOT 18 \\ ryyx Ioe x>oEreek \ Nnry s ' I I I 105.97 \ ^ o - —— R 1'21'4 /Z—// E46EME z9 3O \ /3e61'4 � 262 02 1 11 Oss Sq.q.Ft.Ft ZR6 a r x FT—EUTILITY ��t - 1 N 76Re 82 It 2y340' 2]9'18• JEA�6w El EIENTFII 71 LOT F ��_- pale PACIFIC OCEAN s z9o" h I a LOT 1 x / 7.236 24 Al. 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