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HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-SMA-2023-000036) R Walua Ptr LLC SMA 11/23/23 COUNTY OF HAWAI`I PLANNING DEPARTMENT RECOMMENDATION PHIL TINGUELY, MANAGING MEMBER OF WALUA PARTNERS, LLC SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION (PL-SMA-2023-000036) 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 develop eighteen (18) multiple-family residential units in two (2) two-story townhouse buildings, three (3) one-story duplex buildings, three (3) private pools, an office building, and related development on a 3.0-acre parcel 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 on a vacant parcel a residential development consisting of: • Building 1: (6) two-story, 3 bedrooms, 3 bath 1,772 square foot townhomes. • Building 2: (6) two-story, 3 bedrooms, 3 bath 1,772 square foot townhomes. • Building 3/3-SUB: (2) one-story, 3 bedrooms, 2 bath, duplex (one w/pool) • Building 4/4-SUB: (2) one-story, 3 bedrooms, 2 bath, duplex (one w/pool) • Building 5/5-SUB: (2) one-story, 3 bedrooms, 2 bath, duplex (one w/pool) • Building 6: (1) 40-foot by 20-foot, one-story office building with storage and 1 bathroom. • Building 7: (1) —16-foot by 30-foot rec-room building with storage, trellis, and 1 bathroom. Additional work includes a community pool and spa area,various grilling and sitting areas, driveways and parking, sidewalks, and landscaping both within the development but also as screening from Wdlua Road and Kuakini Highway. The applicant will also construct a low stone wall around the periphery of SIHP sites located on the northern end of the subject parcel with a stone paver walkway connecting the walkway to the preservation area for limited access.A paved entrance area will be constructed for ingress/egress to Wdlua Road, with signage on Wdlua Road for the development.Lastly, a fence will be constructed along the southern edge of the 10-foot-wide public access pathway located along the northern property boundary. 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 -2- 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 an environmental assessment or environmental impact statement. The designated zoning and surrounding urban development will not generate any substantial adverse effects, and appropriate mitigation in relation to viewplanes, pedestrian access, and community character will be conducted to minimize additional impacts. The development will aim to control stormwater on-site, thus minimizing impacts to the SMA and shoreline area. 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: There are no specific or identified recreational activities located on the subject parcel,however,there is an existing public access pathway that runs along the northern boundary of the subject parcel. This access pathway is part of a trail system that takes the public from Kuakini Highway across,the subject parcel, down Wdlua Road, across Ali`i Drive, down Kahakai Road to a shoreline access point. The -3- proposed project will not impact this pathway or interfere with shoreline access in this area. As this project is not on the shoreline, and there is 700 feet of existing development between the ocean and project area, there is no anticipated impact to coastal recreational resources. Therefore, the proposed project will not have any impact on the coastline or other areas utilized for public recreational activities at the shoreline, nor would it impede or hinder the public's ability to access the shoreline. Historic and Cultural Resources: There are two (2) SIHP Sites (Site No. 15513 (burial site), and Site No. 15515 (fish processing and fishing gear manufacturing site)) located on the subject parcel that will be bordered by a 15-foot-wide buffer zone using low stone walls approximately 3-4 feet in height, and 2-3 feet wide; the walls will be constructed with lava rock to blend into the surrounding area. An opening in the wall with a locked gate will provide access for recognized descendants and for maintenance purposes. Access to the burial site for appropriate cultural activities would be permitted to any lineal and/or cultural descendant formally recognized in accordance with Hawaii Administrative Rules Section 13-300-35: Recognition of lineal and cultural descendants. Other than the SIHP sites , the only resource on the property is the existing public access pathway located on the subject parcel which is part of a mauka-to-makai trail system to the shoreline. Scenic and Open Space Resources: As noted in the application, coastal views are already blocked via the existing development located between the subject parcel and the shoreline. While this project will have some measure of visual impact, it is not significant from the nearest State Highway (Route 11). The proposed development is similar in character to the surrounding area and is not likely to result in any substantial adverse impact on the surrounding environment and will fit with the existing development of the area. The applicant will screen the proposed development along Kuakini Highway and along Wdlua Road to minimize the impact of the development.Additionally,the extensive landscaping, preservation area, and vegetative screening will enhance this overgrown and unkempt parcel. Coastal Ecosystems, Marine Resources, Beaches: The proposed development is located approximately 700 feet from the shoreline at its closest point, and as such no direct -4- impacts to coastal ecosystems will occur due to the proposed development. Although the project will increase stormwater collection in this area, it will be directed to on-site drainage systems to manage the runoff. Additionally, wastewater generated by the proposed development will be connected to the existing County sewer line that fronts Wdlua Road, therefore no direct injection of sewer water into the subsurface will occur. Access to the shoreline, via a trail system, a section of which runs through the subject parcel, will remain open and will not be affected by the proposed project. Coastal Hazards: The subject parcel is located within Flood Zone X which represents areas determined to be outside the 500-year flood plain. The project area is located approximately 700 feet from the shoreline area, therefore there are no anticipated coastal or flood hazards that will significantly impact the project site. The development will be subject to the requirements of Chapter 27 - Flood Control, of the Hawaii County Code in order to minimize the effects of coastal hazards. In addition, all buildings will be constructed in conformance with Uniform Building Code specifications. In the event of a tsunami or other major weather event, the evacuation of this site would be via Wdlua Road to Kuakini Highway The proposed development is consistent with the County General Plan, Kona Community Development Plan (KCDP), 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 medium density urban (mdu) which includes areas that are described as"village and neighborhood commercial, residential, and related functions (3- story commercial, residential up to 35 units per acre." Staff notes that the project as designed will complement the goals, policies, and standards of the Land Use (Economic, Environmental and 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 as well as permanent residences and -5- office space for Kona and the surrounding area. The proposed project will not diminish the valuable natural resources of the area, it will aim to preserve both resources located on the parcel (access pathway, and cultural sites) which otherwise may be destroyed. Mitigation is being employed to minimize impact to resources and the environment. The project has been reviewed by the Kailua Village Design Committee (KVDC) who approved of the proposed design in keeping with the character and use of the area. As such the proposed development is consistent with the County General Plan, Zoning Code, and Kona Community. The Hawaii County Department of Planning zoning designation for the subject parcels is "Village-Commercial" 10,000-sq. ft. (CV-10). The proposed development project is permitted use within the CV zoning district and does not require a use permit or a change in the zoning designation. The development will conform to the requirements of the zoning district relative to permissible uses,maximum allowable height, minimum yard setbacks, minimum off-street parking, and landscaping requirements. Lastly, the proposed development is consistent with the Kona Community Development Plan (KCDP). The KCDP (as amended)was adopted by the Hawaii County Council by Ordinance No. 19-91 on September 18, 2019, and guides decisions within the Kona Urban Area and surrounding regions. The project site is located within an area adequately served with essential services such as water, electricity, and telephone. Wastewater will be directed to the existing sewer line along Wdlua Drive, and stormwater will be retained on site approved drainage and other supporting structures. Additionally, DEM-Solid Waste Division is requiring a Solid Waste Management Plan be submitted and approved by DEM prior to occupancy of the development. While there are no anticipated traffic impacts from the proposed project, the pedestrian access around the subject parcel will be maintained and the existing access pathway will be preserved. As such the proposed development is consistent with the County General Plan,Zoning Code, and Kona Community. 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 -6- "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: An Archeological Data Recovery Report(2007) and Burial Mitigation Plan (2003) were submitted to the State Historic Preservation Division (SHPD) for review along with the application and supporting documents during previous application for development. The reports identified a number of sites throughout the area,but only two(2) SIHP Sites(Site No. 15513 (burial site), and Site No. 15515 (fish processing and fishing gear manufacturing site)) were located on the subject parcel that required preservation and buffer zones prohibiting development. While SHPD has determined that with the preservation and recovery plans in place, no historic properties would be affected by the grading of the parcel, that did not include the proposed development of the parcel. Subsequently, SHPD's review of the current application concluded with the request that archaeological monitoring be conducted for identification purposes during all ground disturbance activities. As such, the applicant will be required to submit to SHPD for review and approval a final Archaeological Monitoring Plan(AMP) prior to any ground disturbance or construction activities. The valuable cultural, historical, and natural resources found in the area: While the property has been significantly altered by previous land grading, there are two historic/cultural sites located within the proposed development area. The proposed site plan includes a large preservation area to protect these two SIHP sites, and to preserve the access to the sites for lineal and/or cultural descendants. Additionally, there is a segment of a mauka-makai trail that runs along the northern boundary.This provides access from Kuakini Highway down towards Ali'i Drive and the shoreline. As the site has no floral or faunal resources due to its history of being graded and grubbed for development, there is no other anticipated cultural resources located on site. 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, however, access to the cultural sites located on the parcel will be provided for only lineal or cultural -7- descendants that have been recognized by formal means. There is an existing access pathway that runs along the northern boundary that can be used for access through the area to the shoreline; it will not be blocked or limited by the proposed development. Feasible actions to protect native Hawaiian rights: The proposed development will preserve and protect the existing cultural sites by placing a no development buffer and small wall around the site to deter vandalism. Access to those cultural sites will be permitted for all recognized lineal and/or cultural descendants. The applicant will retain the existing access trail that runs through the property and will not affect any pedestrian movement. 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 along with the requirement to obtain an execute an approved Archaeological monitoring Plan for the project development. 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 residential development and related improvements 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 -8- 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 residential development, office building and preservation area 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 August 9, 2023, and representations made to the Leeward Planning Commission. 4. 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 Department of Water Supply for review and approval. 5. 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. 6. Construction of the proposed development shall be completed within ten (10) 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 stalls 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. 7. All driveway connections to Walua Road shall conform to Chapter 22, County Streets, of the Hawaii County Code. 8. No driveway connection to Kuakini Highway will be permitted. 9. All construction and maintenance activities on the subject parcel shall comply with Chapter 27, Floodplain Management, of the Hawaii County Code. 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 along the -9- existing 10-foot-wide pathway located on the subject 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, or 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, and prior to the issuance of a Certificate of Occupancy. 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. The Applicant shall submit for review and approval a Final Archeological Monitoring Plan to the State Historic Preservation Division (SHPD) prior to any land disturbance or construction activities. 19. 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 -i0- 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. 20. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of this permit. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required. 21. 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. 22. 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. -11-