HomeMy WebLinkAboutPD Recommendation Report (PL-SPP-2024-062) Luitel
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RLuitelSPP.3.7.24
COUNTY OF HAWAI‘I PLANNING DEPARTMENT
RECOMMENDATION
TIRTHA LUITEL
SPECIAL PERMIT APPLICATION (PL-SPP-2024-000062)
Upon review of the request against the guidelines for granting a Special Permit, the
Planning Director recommends that the request to allow the development and operation of a
commercial parking lot on an approximately 18,000-square foot portion of a larger 98.2850-acre
parcel in the State Land Use Agricultural District be denied by the Planning Commission. Since
this recommendation is made without the benefit of public testimony, the Planning Director
reserves the right to modify and/or alter this recommendation based upon additional information
presented at the public hearing. This denial recommendation is based on the following findings:
The applicant is requesting a Special Permit to operate a 49-stall commercial
parking lot for visitors to ʻAkaka Falls State Park. According to the application, an existing
11,500-square-foot concrete pad plus an additional concrete pad of 5,000-square feet will
serve as the parking lot on the permit area. An automatic gate system is proposed for
vehicular access and the applicant will provide a pedestrian gate for visitors to access
ʻAkaka Falls State Park.
According to the applicant, the existing parking lot at ʻAkaka Falls State Park is
insufficient to handle the daily vehicular traffic of visitors, resulting in congestion and
hazardous conditions due to overflow parking along ʻAkaka Falls Road. The applicant
proposes to utilize an existing concrete area on the subject property for paid parking to
alleviate the problem of roadside parking and pedestrian hazards. The parking lot is
proposed to be operated by the applicant and an attendant, who will be present to manage
the parking lot. The applicant anticipates completing construction within 6 months, at an
estimated cost of between $400,000 to $500,000.
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 District, and (b) the proposed use would promote the
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effectiveness and objectives of Chapter 205, Hawai‘i Revised Statutes (H.R.S.), as
amended.
The proposed use will not promote the effectiveness and objectives of Chapter
205, H.R.S., as amended. Through the passage of Chapter 205, H.R.S., otherwise known
as State Land Use Law, the State Land Use Commission was established. It called for
classification of all lands in the State and authorized the adoption of rules of practice and
procedure and regulations for land use within the various land use districts. The four (4)
land use districts (Agricultural, Rural, Urban and Conservation) created by the State Land
Use Commission provided the basic legal framework of land uses in the State of Hawaiʻi
and assisted in the implementation of the long-range land use objectives of the State and
Counties. The intent of these statutory provisions is to preserve, protect, and encourage the
development of lands in the State for those uses to which they are best suited in the interest
of the public health and welfare of the people in Hawaiʻi.
The proposed permit area for the development and operation of a commercial
parking lot is located in an area designated Agricultural by the State Land Use Commission.
As the requested use is not permitted in the State Land Use Agricultural District, a Special
Permit is required to allow for the use to be permitted.
The 18,000-square foot permit area is classified as “C” or “Fair” soil by the Land
Study Bureau’s Overall Master Productivity Rating. Additionally, the permit area is
located on a portion of the subject property classified as “Prime Agricultural Land” by
the Agricultural Lands of Importance to the State of Hawaii (ALISH) Map. Prime
Agricultural Land is land best suited for the production of food, feed, forage and fiber
crops. The land has the soil quality, growing season and moisture supply needed to
produce sustained high yields of crops economically when treated and managed,
including water management, according to modern farming methods. The applicant has
not complied with the condition of an existing Agricultural-Based Commercial Operation
(ABCO) certification requiring that 20 acres of the subject property be used for
productive agriculture. The proposed development and operation of a commercial
parking lot would result in the conversion of land identified as Prime Agricultural Land
to non-agricultural use, which would contradict the State Land Use Law and Regulations,
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intended to preserve, protect and encourage the development of these lands for uses to
which they are best suited.
Based on the preceding classifications, this land has been identified as having high
agricultural potential for agriculture uses and should be preserved. Thus, the proposed use
would not promote the effectiveness and objectives of Chapter 205, H.R.S., as amended.
The request would be contrary to the General Plan and Hāmākua Community
Development Plan (HCDP). The County of Hawai‘i’s General Plan (General Plan) is the
policy document for the long-range comprehensive development of the island of Hawai‘i.
One of the purposes of the General Plan is to guide the pattern of future development of
the County based on long-term goals. The General Plan Land Use Pattern Allocation Guide
(LUPAG) Map designates the property as Important Agricultural Lands (IAL), which
includes lands with better potential for sustained high agricultural yields because of soil
type, climate, topography, or other factors. The proposed development and operation of a
commercial parking lot is not agricultural in nature and is thus inconsistent with the
Important Agricultural Lands LUPAG designation.
As a policy document, the General Plan and its LUPAG map also provide guidance
for a particular land use pattern that could be considered within a particular area whether
by a change of zone or, as in this situation, a Special Permit. The IAL LUPAG designation
alone does not create a presumption in favor or against this particular Special Permit
application; it simply affords an opportunity for which a Special Permit request can be
considered on a case-by-case basis. This denial recommendation is, in part, based on
conflicts with the following goals and policies of the General Plan:
Preservation of Important Agricultural Land Element
▪ Identify, protect and maintain important agriculture lands on the island of Hawai‘i.
▪ Preserve the agricultural character of the island.
▪ Assist the further development of agriculture through the protection of important
agricultural lands.
▪ Protect and encourage the intensive and extensive utilization of the County's
important agricultural lands.
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▪ Ensure that development of important agricultural land be primarily for
agricultural use.
▪ Investigate possibilities to prevent non-agricultural uses that could interfere with
potential or existing agricultural activities on important agricultural lands.
▪ Encourage urban development within existing zoned areas already served by basic
infrastructure, or close to such areas, instead of scattered development.
Protect Sites of Natural Beauty
The importance of natural and scenic beauty and its true evaluation as an asset of
public trust to be protected for future generations remain with the people of this island.
While public planning and regulation are instrumental in achieving the goals set forth for
this element, it is public awareness and interest that will maintain the natural beauty of
the island of Hawaiʻi.
▪ Protect, preserve and enhance the quality of areas endowed with natural beauty,
including the quality of coastal scenic resources.
▪ Protect the views of areas endowed with natural beauty by carefully considering
the effects of proposed construction during all land use reviews.
▪ Do not allow incompatible construction in areas of natural beauty.
The General Plan indicates that the Community Development Plan (CDP) is
intended to implement the broad goals within the General Plan on a regional basis. The
CDP should direct physical development and public improvements within a specific area
and may contain detailed land use and zoning guide maps, plans for roadways, drainage,
parks and other infrastructure and public facilities, architectural design guidelines,
planning for watershed and other natural features.
The subject property is located within the boundaries of the Hāmākua Community
Development Plan (CDP) which encourages the concentration of new commercial
development in existing, walkable, mixed use town centers with the goal of preserving
historic and cultural resources and limiting rural sprawl (Section 4.1.1). The subject
property is not situated within an area designated for development in the HCDP, rather it
is designated “Important Agricultural Lands” by the Land Use Guide Map. The closest
town, Honomū, is located approximately 3.0 miles away from the subject property.
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As the subject property is designated within the “Important Agricultural Lands”
Land Use Policy Map category and the proposed use is not located in an existing town
center, the proposed Special Permit is clearly not consistent with the General Plan or the
Hāmākua CDP.
The desired use will adversely affect the surrounding properties. Surrounding
properties are zoned Agriculture 20-acres (A-20a), Forest Reserve (FR) and Family-
Agricultural 1-acre (FA-1a), with agricultural land uses, farm dwellings and State Park
use. The closest residence to the proposed permit area is located approximately 0.25
miles to the south. The Planning Department has received two letters of public testimony
in opposition to the proposal, which raise concerns with the commercial use of prime
agricultural land, not retaining the essential character of the land, negative visual and
traffic impacts, and potential impacts on nearby cultural and natural resources. By letter
dated August 1, 2024, the Department of Land and Natural Resources, Division of State
Parks (DSP) notes that the project may result in overcrowding at ʻAkaka Falls State Park,
reducing the quality of visitor experiences. Additionally, the DSP anticipates establishing
a visitor reservation system and a mobile food service at the park, which may affect the
viability of the applicant’s proposal. The applicant’s response to DSP states that they
believe the overcrowding concern is unwarranted and that the reservation system and
mobile food service are not anticipated to affect their proposal. Further, in a telephone
conversation with Planning Department staff, DSP staff noted that the proposed
commercial parking lot may result in diverting visitor parking fees away from the current
State Park-operated parking lot at ʻAkaka Falls which provides funding to State Parks.
Additionally, DSP noted that they do not support setting a precedent with the Special
Permit and expressed doubts that the establishment of a non-State Parks, commercial
parking lot would provide a solution to overcrowding at State Parks.
Based on the preceding considerations, the Planning Director is recommending that
the Planning Commission deny this application to allow the development and operation of a
commercial parking lot on an approximately 18,000-square foot portion of a larger 98.2850-
acre parcel in the State Land Use Agricultural District.