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HomeMy WebLinkAboutPD Recommendation Report Ackerman Ranch (PL-SPP-2023-056) RAckermanRanchSPP.crk.3.22.24 COUNTY OF HAWAI`I PLANNING DEPARTMENT RECOMMENDATION ACKERMAN RANCH INC SPECIAL PERMIT APPLICATION NO. (PL-SPP-2023-000056) Upon review of the request against the guidelines for granting a Special Permit, the Planning Director recommends that the request to establish and operate an event venue to host weddings and other similar gatherings on an approximately 4-acre portion of two properties totaling 195.91 acres in the State Land Use Agricultural District 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 position based upon additional information presented at the public hearing. The approval recommendation is based on the following findings: Ackerman Ranch Inc applied for a Special Permit to establish and operate an event venue to host weddings and other similar gatherings on an approximately 4-acre portion (hereinafter"permit area") of two properties totaling 195.91 acres in the State Land Use Agricultural District. The proposed project consists of the following components: ■ Events would include weddings, vow renewals, funerals, birthdays, graduations and other community and charity events. ■ The applicant proposes a maximum of 12 events per month (144 per year)with a maximum of 200 guests per event, although most events would consist of 50-100 guests. ■ Events will be held between the hours of 9:00 am and 10:00 pm on weekdays and between 9:00 am and 11:00 pm on Fridays and Saturdays. No overnight accommodation is proposed. ■ An approximately 1-to-2-acre area will be graded/grubbed to establish access roads, a parking area, walkways, and a level venue area. ■ A 25' x 50' (1,250 square foot) open air pavilion will be constructed for guest use. ■ An approximately 3-acre gravel parking area will be provided to accommodate at least 80 vehicles. ADA stalls will also be provided. ■ The access drive,parking area, and venue area will be fully fenced with a gated entrance. ■ Food for events will be provided by the guests or provided by caterers or food trucks. ■ Alcohol will be permitted at events but provided by guests. Alcohol will not be sold at events. ■ Guests will be required to rent portable bathrooms for all events through local rental companies. ■ Guests will rent generators for all lighting and electricity needs. ■ Amplified sound will be permitted at events. Sound levels will not exceed Department of Health noise standards for residential properties and will not exceed 55 decibels during the day and 45 decibels during the night at any property boundary. The applicant believes there is a lack of gathering places for families and community members to come together for celebrations such as weddings, funerals, birthdays, graduation parties, etc. Recognizing this need, the applicant envisions the creation of a low-impact event venue area, designed to accommodate up to 200 guests. The goal is to provide a natural, yet elegant backdrop where individuals can gather and commemorate special occasions. Situated amid a nearly 200-acre cattle ranch, and with the closest dwelling more than 1,300 feet away, the venue provides a private and serene atmosphere with a low impact to neighboring properties and the existing agricultural use of the land. Beyond the broader community benefit, the Ackerman family, boasting a long-established legacy in the ranching and cattle industry, seeks to bring diversity into their business by offering a small portion of their properties as an event space. Their envisioned diversification endeavors to maintain the integrity of the land, ensuring that any changes are minimally intrusive and do not affect the cattle ranching operations on the remainder of the parcels. Thus, the project proposes to have a minimal impact on the land, while at the same providing a needed service and bolstering support of other local businesses (i.e., catering companies, rental supply companies, etc.). The applicant plans to begin to prepare the property to host events as soon as the Special Permit is approved and estimates it will take approximately 6 months to complete 2 all land work, construct the gravel driveway/parking lot and construct the pavilion. The estimated cost of the proposed improvements is $50,000. The applicant expects to have 2-3 maintenance workers responsible for upkeep of the event space. The grounds 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, Hawaii Revised Statutes, as amended. The proposed use is an unusual and reasonable use of land situated within the Agricultural District that would not be contrary to the effectiveness and objectives of Chapter 205,Hawaii Revised Statutes, as amended. 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 request is unusual in that the proposed uses are not strictly agricultural in nature and would allow the applicant to hold special events on their ranch. However, the proposed uses are reasonable in that they would only use a small portion (2%) of the larger land area with a small development footprint to host occasional special events to diversify their income stream to help offset the costs of running a ranch. The remainder of the land area will continue to be used for ranching. Therefore, it is reasonable that this use be allowed in the Agricultural district. In addition to the above listed criteria, the Planning Commission shall also consider the following criteria listed under Section 6-3(b)(5) (A)through (G) of its rules of practice and procedure: (A) Such uses shall not be contrary to the objectives sought to be accomplished by the Land Use Law and Regulations. The State Land Use Law and Regulations are intended to preserve, protect, and encourage the development of lands for 3 those uses to which they are best suited in the interest of the public 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. Most of the soils within the proposed permit area are classified by the Land Study Bureau's rating system as class "D" or"Poor" soils for agricultural productivity and designated"Other" on the ALISH map. The applicant is proposing to utilize a 4-acre portion of a larger, 195.91-acre land area, which has historically been used for cattle ranching. This equates to approximately 2% of the total land area, and thus will not significantly diminish the agricultural potential of the property. Based on the preceding, the proposed will not adversely affect the preservation and agricultural use of the County's agricultural lands of high agricultural potential and is not contrary to the objectives sought to be accomplished by the State Land Use Law and Regulations. (B) The desired use would not adversely affect surrounding properties. Surrounding properties to the north are zoned A-5a,properties to the south and east are zoned A-5a and A-la and properties to the west are zoned A-la. The Mamalahoa Bypass Road (Ali`i Drive) runs adjacent to the parcels on the mauka(east) side. The properties to the northwest and just east of the Mamalahoa Bypass are also owned by the Ackerman Ranch. This larger land holding offers a significant buffer from surrounding properties to the north, east, and west. The properties directly to the north are ranch lands as well, owned by the Palika Ranch Family Limited Partnership. The properties to the west and south of the subject site are part of the Haleki`i-Onouli subdivision. A bit further south is the Hokuli`a Phase 1 Subdivision consisting of several approximately 1-to-2-acre parcels. These parcels contain a mixture of vacant land and farm dwellings, with the nearest dwelling sited more than 1,300 feet from the permit area. While the applicant is proposing to allow amplified sound for events, it is unlikely that it will currently have significant impact on surrounding properties based on its distance from the closest residences. However, it is possible that dwellings could be built closer to the permit area in the future and that the amplified sound for events could create a future nuisance to the surrounding community. To mitigate this possibility, the Director proposes to add a condition that would allow the 4 Planning Department to investigate and address such complaints. The same condition has been added to Special Permits for similar uses. Proposed event activities will be limited to a 4-acre, fenced permit area and held by reservation between the hours of 9:00 am and 10:00 pm on weekdays and between 9:00 am and 11:00 pm on Fridays and Saturdays. Events will be limited to no more than 12 per month (144 per year) and be limited to a maximum of 200 guests. Conditions of approval will memorialize these limits. While the proposed use will increase traffic on event days, the applicant anticipates a maximum of 60 vehicles per event. Furthermore, as the venue will not open until 9:00 a.m. and most events are expected to be held in the evenings and weekends, it is unlikely to increase traffic during peak hours. Based on the preceding, the proposed use is not expected to adversely affect 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 permit area is proposed from the Mamalahoa Bypass Highway (Ali`i Drive), a County owned and maintained roadway with a 60-to-80-foot-wide pavement within a 180-to-200-foot right-of-way in the vicinity of the permit area. Access to the property is approximately 0.7 miles north of the intersection of Mamalahoa Bypass Highway and Haleki`i Street. Turning lanes to and from the site are provided for both the northbound and southbound directions and a stop sign is posted for traffic exiting the property. Once off the main highway, guests and vendors will access the parking area via a 0.2 mile long, 20-foot wide,private gravel driveway. This driveway will run roughly parallel to the highway and be completely fenced in. A proposed gravel parking area will have capacity for approximately 80 vehicles and a turnaround area for emergency vehicles. A gate will be provided for emergency access from the Mamalahoa Bypass Road directly into the gravel parking lot. Conditions of approval shall require any construction within the County right-of- way shall comply with the requirements of HCC, Chapter 22, County Streets and require 5 the proposed main and emergency access points to have adequate site distance and if necessary, establish sight distance easements as approved and directed by the Department of Public Works-Engineering Division. The subject property is not currently served by County water. Potable water for drinking will be provided by event organizers to guests and water for sanitation will need to be provided as required by the State Department of Health in connection with a building permit for a permanent comfort station with toilet and handwashing facilities as further discussed below. The applicant proposes to install a 10,000-galIon catchment tank near the proposed gazebo for the purpose of providing water for fire suppression. Rainwater from the pavilion roof will be captured and stored in the tank. The applicant will not begin hosting any events until the tank is full and will regularly monitor the water levels to ensure that the tank remains full. Water from the tank will only be used for fire suppression purposes and thus once full, the tank level should remain consistent. If rainwater alone is not sufficient to keep the tank full, the applicant will have water trucked in as necessary. The property is not currently serviced by the County sewer system. While the applicant is proposing to require event users to rent portable bathrooms for each event, the Planning Director is recommending that the applicant install and maintain a permanent, ADA-compliant comfort station with toilets and handwashing facilities for event guests meeting with the requirements of the County of Hawaii Building and Plumbing code. This facility would be required to connect to an individual wastewater system meeting with the requirements of the State Department of Health to ensure that wastewater related to the proposed use is disposed of properly. This requirement is consistent with the conditions placed on special permits for similar event venues. There is no electrical service to the property, thus event organizers will be required to rent/provide generators for the event. Police, fire, and medical services are located nearby in Kailua-Kona and Kealakekua. (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 6 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. 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, a community may establish various non-agricultural uses/services that may not be available or allowed by zoning for its residents. Since the district boundaries were established, demand has increased for venues to host special events in natural settings. Furthermore, farmers and ranchers have sought to diversify income streams to support their agricultural operations. The proposed uses would address the preceding by providing event guests an opportunity to enjoy an event venue on a small portion of a working ranch while helping the owners diversify their land uses and supplement their ranching income. (E) The land upon which the proposed use is sought is unsuited for the uses permitted within the district. Soils within the permit area site are primarily classified as "M or"Poor" for agricultural productivity and are classified as "Other" under the ALISH map. These soils are most suitable for pasture use, and is unsuited for large-scale, commercial agricultural uses permitted within the State Land Use Agricultural District. Furthermore, as previously mentioned, the proposed 4-acre permit area only constitutes 2% of the overall land area, with the remaining 98% continuing to be used for cattle ranching purposes. Based on the discussion above, the proposed uses will not diminish agricultural opportunities on the subject property and thus will not adversely impact the agricultural potential of the land. (F) The use will not substantially alter or change the essential character of the land and the present use. The essential character of the property area is primarily ranch lands and while the proposed event venue will differ from the existing use, it will not do so in a significant way. As previously mentioned, the 4-acre permit area will 7 occupy 2% of the larger land area and improvements/land alterations will be minimal (e.g., construction of a gravel driveway and parking area, open air pavilion, bathroom facilities, and event space lawn), and thus should not significantly detract from the lands current character. (G) The request will not be contrary to the General Plan and Community Development Plan (CDP) and Zoning Code. 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 project site is identified by the LUPAG map as Orchard and Extensive Agriculture, which are areas not highly suitable for high-yield crop production and are better suited for pastoral uses. As the applicant will continue to utilize 98% of the subject land area for ranching purposes, the proposed request will not displace any active or potential agricultural activity on the properties. The proposed request is also consistent with the following 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. ■ Preserve and enhance opportunities for the expansion of Hawaii's Agricultural Industry. ■ Encourage, where appropriate, the establishment of visitor-related uses and facilities that directly promote the agriculture industry. ■ Encourage other compatible economic uses that complement existing agricultural and pastoral activities. Economic Element ■ Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. 8 ■ Economic development and improvements shall be in balance with the physical, social and cultural environments of the island of Hawaii. ■ Provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. ■ Encourage the development of a visitor industry that is consistent with the social, physical and economic goals of the residents of the County. While the Kona Community Development Plan (KCDP) is generally silent on the use of Special Permits, the proposed use is also consistent with the following KCDP economic policy related to agriculture: ■ Explore and provide opportunities to support, promote or enhance Kona's agricultural industries. Based on the preceding, the proposed use will not be contrary to the General Plan, KCDP nor the Zoning Code. The request is not contrary to Chapter 205A,Hawaii Revised Statues, relating to Coastal Zone Management. The property is located approximately one mile away from the nearest shoreline and will not be impacted by coastal hazards or affect beach erosion, coastal ecosystems, and marine resources. Additionally, it is not located in the Special Management Area and there is no record of a designated public access to the shoreline or mountain areas that traverses the property. Based on the preceding, the proposed use is not contrary to the objectives of Chapter 205A, Hawaii Revised Statutes relating to Coastal Zone Management. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PAST" 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: The subject parcels (including the entirety of the permit area)were previously owned by the former developers of the Hokdli`a development but were subsequently returned to Ackerman Ranch ownership in 2015. 9 Based on the preceding, the permit area was part of the overall 1­16kuli`a historic preservation investigation, including an archaeological inventory survey (AIS)by Hammatt et. al. (1997) and addenda AIS by Collin and Hammatt(1999) and by McGerty and Dega(2014). Based on the recommendations of the AIS, an integrated archaeological mitigation plan (IAMP)was prepared by Tomonari-Tuggle and Tuggle (1999). This plan included data recovery,preservation, and archaeological monitoring components. The Data Recovery Plan (DRC) component was accepted by SHPD in 1999; and the Monitoring and Preservation Plan components were accepted with conditions. In addition to the IAMP, a Burial Treatment Plan (BTP)was prepared for the 1­16kdli`a development by Tomonari-Tuggle and Tuggle (1999). Finally, an archaeological preservation plan was developed to address preservation measures for archaeological and historic sites (Tomonari-Tuggle and Tuggle 2008) No professional survey conducted of the floral and faunal resources of the site; however, according to the applicant, vegetation in the area is mostly dominated by non- native plants,predominantly Guinea grass, haole koa and kiawe. Faunal resources include introduced bird species (such as dove, Japanese White-eye, house finch, myna) and domestic animals such as cats, dogs, goats and chickens and other animals like rats and feral pigs may also be present in the area. These are all common and not endangered. There are no known threatened or endangered species or critical habitat on the subject site. The valued cultural, historical, and natural resources found in the permit area: The Hammatt et. al. (1997) AIS identified four individual historic properties in the vicinity of the permit area: a historic era railroad bed (SIHP 50-10-37-7214/10302), and ahupua`a boundary walls (16789, 16790 and 16791). All four sites were recommended for preservation in the AIS. The Tomonari-Tuggle and Tuggle (2008)preservation plan established a 20 ft. buffer for the railroad bed(7214/10302) and 5 ft. buffers for the boundary walls (16789, 16790 and 16791). Ahupua`a Wall sites 16789 and 16790 are well outside of the permit area, but site 16791 is just over 20 feet from the proposed 10 permit area at its closet point and portions of Site 7214 are within the permit area. An orange plastic construction fence will be in place at the 20 ft. buffer of the railroad berm (SIHP 7214/10302) across the entire length of the project area pursuant to the Tomonari- Tuggle and Tuggle (2008)preservation plan. Furthermore, three potential breaches to the railroad bed will be required for the proposed driveways and the foot path. All breaches will occur in accordance with the provisions for breaching linear preservation sites established in the approved preservation plan (Tomonari-Tuggle and Tuggle 2008). Conditions of approval will address the preceding. As the permit area has been grazed for many years, is unlikely that any rare or endangered floral or faunal resources are likely to be found within or proximate to the permit area. There are no known valued cultural or historical resources in the permit area that would be affected by the proposed project and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Possible adverse effect or impairment of valued resources: The proposed project has the potential to have an adverse effect on historical sites proximate to and within the permit area, however, those sites have been studied and preservation, monitoring, and mitigation plans have been developed and accepted by the State Historic Preservation Division which prescribe steps to protect those resources. Furthermore, there were no threatened or endangered species found within the permit area, so there will be no adverse effect on those resources. Finally, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, so there will be no adverse effect on those resources. Feasible actions to protect native Hawaiian rights: Conditions of approval will require the applicant to comply with mitigation requirements within approved IAMP, archaeological monitoring, and preservation plans during the development and operation of the proposed project. 11 Because there is no evidence that traditional and customary native Hawaiian rights are occurring within the permit area, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Lastly, this approval is made with the understanding that the applicant remains responsible for complying with all other applicable governmental 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 the Building Code and 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 preceding considerations, approval of the request to establish and operate an event venue to host weddings and other similar gatherings on an approximately 4-acre portion of two properties totaling 195.91 acres in the State Land Use Agricultural District would support 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 development and 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, any subsequent material received by the Planning Department, and any representations made to the Leeward Planning Commission. Any substantial expansion or uses beyond what is represented shall require an amendment to this permit. 3. Construction of buildings related to the proposed use shall be completed within five(5)years from the effective date of this permit. Prior to construction, the Applicant shall secure Final Plan Approval from the Planning Director in 12 accordance with the requirements of the Zoning Code. Plans shall identify all existing and proposed structures, landscaping, signage, fire protection measures, driveway access and parking stalls, outdoor lighting (if any), and other improvements associated with the proposed development. 4. The Applicant shall install, construct, and maintain improvements for Fire Department Access Road (FDAR) access to the permit area and fire suppression improvements, 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. 5. As represented by the Applicant, events shall be limited to 12 per month (144 per year) and shall not exceed a maximum of 200 guests per event. 6. As represented by the Applicant, all events will be held between the hours of 9:00 am and 10:00 pm on weekdays and between 9:00 am and 11:00 pm on Fridays and Saturdays. No overnight accommodation will be allowed. 7. Prior to the commencement of the proposed use, the Applicant shall construct permanent, ADA accessible bathroom facilities meeting with the requirements of the County of Hawaii Department of Public Works and an individual wastewater system(s) shall be installed, meeting with the standards and requirements of the State Department of Health. 8. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 9. All earthwork and grading activity shall conform to Chapter 10, Erosion and Sediment Control of the Hawaii County Code. 10. Access to the Mamalahoa Bypass Road (Ali`i Drive), including the provision of adequate site distances and sight distance easements, shall meet with the approval of the Department of Public Works. 11. Construction within the County right-of-way shall comply with the requirements of Chapter 22, County Streets of the Hawaii County Code. 13 12. During project construction, an archeological monitor will be present during project activities with the potential to impact historic properties pursuant to the Haun (2016) Archaeological Monitoring Plan. 13. Prior to receipt of Final Plan Approval, an orange plastic construction fence shall be constructed delineating the 20-foot buffer of the railroad berm (SIHP 7214- 10302) across the entire length of the project area, and an orange plastic construction fence shall be constructed delineating the 5-foot buffer around any portions of ahupua`a boundary walls — 16789, -16790 and-16791 that are within the permit area. These buffers shall be maintained or otherwise treated pursuant to the approved Tomonari-Tuggle and Tuggle (2008)preservation plan. Plans submitted to the Planning Department for final Plan Approval shall depict these sites and buffer areas. 14. Any breaches of historic sites shall occur in accordance with the provisions for breaching linear preservation sites established in the approved IAMP (Tomonari- Tuggle and Tuggle 1999) and preservation plan (Tomonari-Tuggle and Tuggle 2008). Prior to commencement of the proposed use, the Applicant shall provide written evidence from the State Historic Preservation Division that the breaches were installed pursuant to the IAMP and preservation plan. 15. 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 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. 16. If the Applicant fails to comply with the conditions of approval or cause complaints relating to any interference or nuisance and are unable to resolve them with the surrounding community, the Planning Director shall investigate and, if necessary, suspend the permit. The Planning Director shall then refer the matter to 14 the Planning Commission to revoke the permit. Upon appropriate findings by the Planning Commission, if the Applicant fail to comply with the conditions of approval or has caused any unreasonable interference or nuisance on the surrounding community, the permit may be revoked. 17. The Applicant shall comply with all applicable County, State, and Federal laws, rules, regulations, and requirements. 18. An initial extension of time for the performance of conditions may be granted by the Planning Director upon the following circumstances: A. Non-performance is the result of conditions that could not have been foreseen or are beyond the control of the Applicant, 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. Granting of the time extension would not be contrary to the original reasons for the granting of the 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. 19. Should any of these conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate procedures to revoke the permit. 15