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HomeMy WebLinkAboutPD Recomendation Report (PL-SSP-2024-000076) Wyatt's Place-1- BWyattsPlaceSPP.12.2.2024 COUNTY OF HAWAIʻI PLANNING DEPARTMENT RECOMMENDATION WYATT’S PLACE, LLC (FORMERLY DANIEL DE LUZ) AMENDMENT TO SPECIAL PERMIT NO. 625 (PL-SPP-2024-000076)_______________ Upon careful review of the request against the guidelines for granting an amendment, the Planning Director recommends that the proposed amendments to Special Permit No. 625 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 findings: The applicant is requesting an amendment to Special Permit No. 625 (SPP 625), which allowed the establishment of a woodcraft workshop, and for which a subsequent amendment added a certified kitchen and snack shop and related improvements. The current proposal seeks to discontinue the woodshop, retail gallery and snack shop uses and to establish a restaurant with seating for up to 40 patrons within the footprint of the existing structures. The restaurant area will total 4,000 square feet, to include two kitchen areas, a bar area, indoor and outdoor seating, a pool table room, an office, two bathrooms and a walk-in cooler. Proposed interior alterations include converting the woodworking shop to accommodate a dining area and second kitchen, converting a storage area to the pool table room, using the carport for storage of the walk-in cooler, converting the gallery building to storage use and establishing a total of 18 on-site parking stalls, including ADA parking, for use by restaurant patrons. The applicant notes that they will obtain a change of use building permit to ensure the structure is property permitted for the proposed use and will obtain a liquor license prior to serving alcohol. The existing dwelling on the property will continue to be used as the part-time residence of the landowner. The current landowner, who lives off-island, acquired the subject property in 2017 and has since leased the woodshop/snack shop building to a number of tenants. The prior tenants operated a produce market and restaurant without proper permits and the applicant states that these operations were ceased in early 2024. The current applicant has been -2- selling to-go sandwiches out of the snack shop and would like to expand its operations into the remainder of the structures and to operate a full-service restaurant with seating for patrons. The restaurant will be staffed by 15 employees, with hours of operation from 11:00 AM to 9:00 PM, 7 days a week. According to the applicant, live, amplified music will be offered on Friday and Saturday evenings from 6:00 PM to 9:00 PM in an enclosed portion of the restaurant. The criteria 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, Hawai‘i Revised Statutes, as amended. The proposed use is an unusual and reasonable use of land situated within the State Land Use Agricultural District and would promote the effectiveness and objectives of the State Land Use Law and Regulations and Chapter 205, HRS, as amended. The State Land Use Law and Regulations are intended to preserve, protect, and encourage the development of lands for those uses to which they are best suited in the interest of the public health and welfare of the people of the State of Hawaiʻi. In the case of the Agricultural District, the intent is to preserve or keep lands of high agricultural potential in agricultural use. The proposed amendment request to establish a restaurant with seating for up to 40 patrons is unusual in that it is not an agricultural use of the subject property. The use is reasonable in the Agricultural District because, having been previously cleared and developed for commercial uses, the subject property does not have a high potential for agriculture and could better serve the community through use as a restaurant. It is therefore determined that the proposed use is an unusual and reasonable use within the Agricultural District and will not be contrary to the objectives of 205A, HRS, as amended. -3- In addition to the above listed criteria, the Planning Commission shall also consider the criteria listed under Section 6-3(b)(5) (A) through (G). In considering the criteria, the Planning Director recommends the following: (A) Such use shall not be contrary to the objectives sought to be accomplished by the Land Use Law and Regulations. As mentioned previously, the subject property has been cleared and developed for commercial uses and the proposed restaurant use will be contained within the footprint of existing structures. The property is not considered important agricultural land as its soils are classified as a mix of “D” or “Poor” and “unclassified” for agricultural productivity by the Land Study Bureau Soil Classification System and are considered “unclassified” by the Department of Agriculture’s ALISH Map. As evaluated above, the applicant’s request is considered an unusual and reasonable use of agricultural land that will not adversely affect the preservation of lands with high agricultural potential in the County of Hawaiʻi. Thus, the establishment of the proposed use will not be contrary to the objectives sought to be accomplished by the State Land Use Law and Regulations. (B) The desired use shall not adversely affect the surrounding properties. Properties surrounding the subject property are zoned Agricultural (A-1a and A-20a) and Single-Family Residential (RS-20) with uses primarily consisting of residential and agricultural with a nearby church operating under an existing special permit. The snack shop and certified kitchen on the subject property have been in operation since 1998 and the Planning Department has no record of complaints about its operation. At the time of this writing, several letters of public testimony in support of the proposed amendment have been received by the Planning Department. Based on the preceding it is not anticipated that the proposed use will adversely affect the 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 subject property will continue to be from Ahuahu Place, a County owned road with a 20-foot-wide pavement within a 50-foot-wide right-of-way. Restaurant patrons will continue to use two existing driveways to enter and exit the -4- property, with an on-site gravel parking lot designated to serve the proposed use. The applicant will continue to comply with a condition of approval (Condition 3) which requires them to maintain the 8-foot-wide grass shoulders and swales fronting the subject property on Ahuahu Place. While a building permit was completed in 2001 for a restaurant addition to the existing workshop, the Department of Public Works has confirmed to the Planning Department that another building permit would be required to complete the applicant’s proposed alterations. Any additional water required for fire suppression needs will be addressed by the Fire Department at the time of building permit review. A condition of approval will be included to address the preceding. There is no County sewer system in the area, thus wastewater will be disposed of in an existing Individual Wastewater System (IWS) that was installed and approved for use by DOH in 2018, consisting of one 1,000-gallon and two 2,000-gallon tanks with two absorption beds constructed for restaurant use. According to the Department of Water Supply (DWS), the subject parcel is currently served by an existing 5/8-inch meter which is limited to one unit of water, equivalent to an average daily usage of 400 gallons per day (gpd). As part of the previous amendment to SPP 625, DWS noted that a larger water meter would be required, however this meter was never installed. By letter dated January 9, 2025, the applicant notes that the former landowner has passed away and the current landowners are unaware of the reasons for lack of compliance with DWS requirements. In response to the proposed special permit amendment, DWS comments indicate that existing water system facilities cannot support the proposed project due to the anticipated increase in water demand and that extensive water system improvements and additions would be required to provide additional water, including additional source, storage booster pumps and transmissions facilities, for which current municipal funding is not available, and no time schedule is set for such improvements. According to the applicant, the historic water usage for the subject property has been 700 gallons per day. Water calculations will be submitted, and new water system improvements will be installed, if allowable by DWS. Planning Department staff has not -5- been able to confirm with DWS that additional water may be available to support the proposed use. Alternately, should additional county water not be available, the applicant proposes to install a 10,000-gallon water tank to store potable water trucked in by a commercial water hauler in order to serve the restaurant. The tank will be a closed system, meeting Department of Health requirements, to only be filled with municipal potable water. According to the State Department of Health (DOH), Safe Drinking Water Branch, DOH regulates “Public Water Systems”, however, the requirements to develop such a system can be onerous and expensive. The Planning Commission has approved Special Permits for uses in areas that do not have public water available if the applicant installs a closed water tank for drinking and sanitation water needs. These tanks are filled with potable water trucked to the site and have plumbing separate from any other catchment tank. Based on the preceding, a new condition of approval will allow the applicant to choose between installing a larger water meter, meeting with the approval of DWS, or the installation and use of a separate, closed water tank for drinking and sanitation water. The property is situated within an area designated as Flood Zone X on the Flood Insurance Rate Map (FIRM) by FEMA, an area of minimal flood hazard located outside the 500-year flood plain. Electrical and telephone services are available to the subject property with medical, fire and police services located 4.5 miles away in Keaʻau. A condition of approval will be included requiring the applicants to meet all applicable County, State and Federal laws, rules, regulations, and requirements. Based on the preceding, the requested use will not burden public agencies to provide additional services. (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 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. -6- Although 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, various “non-agricultural” services and uses may be allowed. Since district boundaries were established in the 1960’s, the population of the Puna District has grown and the demand for food service establishments has not been able to keep pace with this growth. The State Land Use Commission has not designated new urban lands where food service establishments can be established, therefore, a Special Permit is the only way to provide these much-needed amenities to the Puna community. (E) The land upon which the proposed use is sought is unsuited for the uses permitted within the district. As mentioned previously, the subject property’s soils are classified as a mix of “D” or “Poor” and “unclassified” for agricultural productivity by the Land Study Bureau Soil Classification System and are considered “unclassified” by the Department of Agriculture’s ALISH Map. The USDA Soil Survey Type for the subject properties are Olaʻa cobbly hydrous loam, with 2 to 10 percent slopes. As such, the continued non-agricultural use of the subject property will not remove lands of high agricultural potential from the agricultural inventory for the area. (F) The proposed use will not substantially alter or change the essential character of the land and the present use. The surrounding area is characterized by a mix of residential, agricultural and limited commercial uses operating under special permits. As mentioned previously, the woodshop/snack shop/certified kitchen has been in operation since 1998 and the applicant’s proposed restaurant use, given that it will occur within the existing building footprint, will not substantially alter or change the essential character of the area. (G) The request will not be contrary to the General Plan and official Community Development Plan and other documents such as Design Plans. 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. -7- The subject properties are designated as Low Density Urban (LDU) by the General Plan which allows for residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses; overall residential density may be up to six units per acre. The approval of the subject request would support the following goals and policies of the Public Facilities, Land Use and Economic elements of 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. • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. Economic Element • Provide residents with opportunities to improve their quality of life through economic development that enhances the County’s natural and social environments. • Strive for an economic climate which provides its residents an opportunity for choice of occupation. According to the Puna Community Development Plan (PCDP), the subject property is not located within a community village center, rather it is located between the Kurtistown and Mountain View community village centers. Although the PCDP encourages commercial services in village centers, the existing commercial uses were established by special permit prior to the creation of the PCDP and the proposed restaurant will provide surrounding residents access to a food service establishment without needing to commute to Keaʻau or Hilo. The proposed restaurant operation will be located within existing structures, provide the applicant with supplemental income, and offer the surrounding community a needed service. Given the preceding, the request is consistent with the goals and objectives of the PCDP. -8- The proposed use is not contrary to the objectives sought to be accomplished by Chapter 205A, Hawaiʻi Revised Statutes, relating to coastal zone management program. The subject properties are located approximately 8.5 miles from the nearest shoreline, are not within the Special Management Area and will not be impacted by coastal hazard and beach erosion. There is no designated public access to the mountain or shoreline areas over the subject properties and the proposed use will not adversely impact any recreational resources, including access to and along the shoreline, scenic and open space nor visual resources, coastal ecosystems, and marine and coastal resources. Therefore, the proposed use is not contrary to the objectives of Chapter 205A, Hawaiʻi Revised Statutes. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawaiʻi State Supreme Court’s “PASH” and “Ka Paʻakai O KaʻAina” 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: No formal archaeological reconnaissance survey, oral history of kamaʻāina accounts of the area, historical survey of documentary records, or botanical study was included in the application. The valued cultural, historical, and natural resources found in the special permit area: According to the applicant, no archeological or historical features are known to exist on the subject property. The subject property has been impacted by ground-disturbing activities associated with previous residential and commercial development. No professional surveys were conducted of the flora/fauna resources on the property and there are no known endangered or listed plant species on the property. Possible adverse effect or impairment of valued resources: Native plants and/or endangered species are unlikely to be impacted by the proposed development due to the already impacted property as mentioned above. Feasible actions to protect native Hawaiian rights: To the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. -9- Lastly, this recommendation is made with the understanding that the applicants remain responsible for complying with all other applicable governmental requirements in connection with the proposed amendment to Special Permit No. 625, prior to their commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, compliance with the 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 considerations, the proposed request to amend Special Permit No. 625 is an unusual and reasonable use of land which would not be contrary to 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 [petitioner]applicant, its successor or assigns, (“Applicant”) shall be responsible for complying with all of the stated conditions of approval. 2. [Construction of the proposed certified kitchen/snack shop and related improvements shall be completed within five (5) years from the effective date of this permit. This time period shall include the securance of Final Plan Approval for the proposed development from the Planning Department. Plans shall identify existing and proposed structures, fire protection measures, paved driveway and paved parking stalls (gravel, chipseal, asphalt or asphalt concrete) and landscaping associated with the proposed uses. Parking for all functions shall be maintained on the subject property and comply with the requirements of Chapter 25 (Zoning Code). Detailed landscaping plans shall include landscaping and buffers along the property boundaries]Construction of the proposed restaurant and related improvements shall be completed within five (5) years from the effective date of this amendment to Special Permit No. 625. Prior to construction, the Applicant shall secure Final Plan Approval for the proposed facilities from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawai‘i County -10- Code. Plans shall identify all existing and/or proposed structure(s), fire protection measures, paved driveway access and parking stalls associated with the proposed use. 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), Hawai‘i County Code. 3. The [applicant]Applicant shall maintain the grassed shoulders and swale area fronting the subject property meeting with the approval of the Department of Public Works. 4. Exterior signage shall comply with the residential signage requirements of Chapter 3, Hawaiʻi County Code. 5. [The hours of operating power machines shall be limited to between 7:30 a.m. and 5:30 p.m., Monday through Saturday]Hours of operation for the restaurant shall be limited to between 11:00 a.m. and 9:00 p.m., seven (7) days a week. Amplified, live music shall be limited to between 6:00 p.m. and 9:00 p.m. on Friday and Saturday evenings. [6.] [Hours of operation of the snack shop shall be from 5:00 a.m. to 9:00 p.m. seven days a week] 6. The Applicant shall provide potable water for the proposed use by one of the following methods and shall provide evidence of the selected method to the Planning Department prior to issuance of a certificate of occupancy for the proposed use. 1) Install a larger water meter capable of providing the water needed to serve the proposed use meeting with the requirements of the Department of Water Supply; or 2) Install and use a minimum 10,000-gallon, separate, closed potable water tank to be filled with trucked potable water. The tank shall remain filled with sufficient water to meet potable water needs at all times. 7. Prior to commencement of the restaurant use, the Applicant shall secure and finalize any building permit that may be required by Department of Public Works for the proposed project. -11- 8. Prior to serving alcohol, the applicant shall obtain a liquor license from the Department of Liquor Control. [7.]9. [The applicant shall comply with all other applicable rules, regulations and requirements, including those of the Department of Public Works, Department of Water Supply and Health Department]The Applicant shall comply with all applicable County, State and Federal laws, rules, regulations, and requirements in connection with the approved use, prior to its commencement upon the subject property. [8.] [Upon compliance with all conditions of approval and in conjunction with the application for a certificate of occupancy, and prior to the opening of the certified kitchen/snack shop, the applicant shall submit a final status report, in writing, to the Planning Director.] [9.]10. If the [applicant]Applicant fails to comply with the conditions of approval or is unable to resolve any public complaint(s), the Planning Director shall investigate and, if necessary, enforce the appropriate conditions. The Planning Director may, as part of any enforcement action, refer the matter to the Planning Commission for review. Upon appropriate findings by the Planning Commission that the applicant has failed to comply with the conditions of approval or has caused an unreasonable adverse impact on surrounding properties, the permit may be suspended or revoked. [10.]11. An initial extension of time for the performance of conditions of the permit 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, successors or assigns]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 the Zoning Code. c) Granting of the extension would not be contrary to the original reasons for the granting of the permit. -12- d) The time extension 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 Director shall submit the Applicant's request to the Planning Commission for appropriate action.