HomeMy WebLinkAboutPD Recommendation Report - Hawaiian Acres Community Association (PL-SPP-2025-0000901
RHawnAcresCAAmendSPP845.crk.8.1.13
COUNTY OF HAWAI‘I PLANNING DEPARTMENT
RECOMMENDATION
HAWAIIAN ACRES COMMUNITY ASSOCIATION
AMEND SPECIAL PERMIT NO. 845 (PL-SPP-2025-000090)
Upon careful review of the request against the guidelines for amending a Special Permit,
the Planning Director is recommending that the requests to allow the development and
operation of a community certified kitchen within a new multi-use community center
building, parking, and related improvements, allow additional community uses on the
property, and amend Condition No. 8 to allow an increase in the number of farmers’
market stalls from 20 to 25 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, Hawaiian Acres Community Association (HACA), is requesting
several amendments to Special Permit No. 845, which was originally issued in 1993 to
allow the establishment of a volunteer fire station, community center and related
improvements situated on three (3) acres of land and amended in 2014 to allow the
establishment of a farmers’ market and additional community uses within the community
center building.
The current amendment requests include allowing the construction and operation
of a certified community kitchen within a new, multi-use community center building,
allowing additional community uses on the property, and amending Condition No. 8 to
allow an increase in the number of farmers’ market stalls from 20 to 25.
The first request is to allow the development and operation of a community
certified kitchen within a new, 2,100 square foot (30’x70’), ADA compliant, multi-use
community center building, parking, and related improvements on the back half of the
property. This new building will replace the older community center structure that was
destroyed in a fire in 2023 and will host community activities that were permitted to be
held in the old community center structure (e.g., exercise/fitness programs, instructional
classes, and fund-raising events) and newly described activities below.
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The new, multi-use community center building will include the community
certified kitchen, classroom/workshop/event space, two shared office spaces, two public
restrooms and storage.
The community certified kitchen will include cooking, packaging/labeling, and
value-added processing areas and is anticipated to operate 7 days a week from 8:00 a.m.
to 7:00 p.m. and accommodate up to 12 people at a time. There will be a kitchen manager
responsible for managing the kitchen schedule, ensuring compliance with policies, and
coordinating use to avoid conflict with larger community events in the center.
The second request is to allow the expansion of community uses on the property,
including the frequency of classes/activities from two classes per day to four classes per
day with 10 to 15 participants per activity/class from the hours of 9:00 a.m. and 9:00 p.m.
Additional proposed uses include:
▪ Educational activities related to the certified kitchen (e.g., food handling and
labeling requirements, culinary arts, nutrition, general excise tax licensing,
and value-added food processing).
▪ Monthly or bi-monthly HACA board meetings and Hawaiian Acres Road
Corporation (HARC) meetings with 20-50 attendees.
▪ Monthly Hawaiian Acres Volunteer Fire Fighters training for up to 30
participants from 4:30 p.m. and 6:30 p.m.
▪ Weekly and monthly food distribution activities (e.g., weekly Vibrant Hawaiʻi
‘Kaukau for Keiki’, monthly Food Basket ‘Kūpuna Pantry Program’, and ‘Da
Box’ Community Supported Agriculture (CSA) program.
▪ Large events (e.g., fundraisers/holiday-specific celebrations) with up to 50
participants at a time and 100 total participants over four hours.
▪ The applicant proposes to repurpose the foundation/pony walls and existing
septic system related to the burnt-down community center building by
constructing a covered pavilion with grills and public restrooms.
Additionally, the applicant requests flexibility to add future community-serving
programs or activities as needs/opportunities arise, without having to amend the Special
Permit each time, provided they are similar in nature and less intensive than currently
approved uses. This would save time and County resources while allowing the facility to
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adapt to evolving community needs.
The third request is to amend Condition No. 8 to increase the number of vendor
stalls from 20 to 25. The farmers’ market will continue to be held one day a week for 4 to
6 hours. Under this amendment request, the number of vendors will be capped at 25 and
the applicant anticipates that there will be approximately 50 visitors on site at any given
time and approximately 200 visitors for the 6-hour period.
The applicant articulated the following reasons for the request: The Hawaiian
Acres subdivision, established in 1958, is a large rural subdivision developed without full
public utility infrastructure. HACA (founded in 1961), has long worked to improve
conditions for residents and foster community connection. Since the COVID-19
pandemic, HACA members and local volunteers have provided essential food
distribution and social service navigation, partnering with organizations such as Vibrant
Hawai‘i and the Hawai‘i Island Food Basket to support kūpuna, families, and other
vulnerable residents. The 2023 fire that destroyed the Hawaiian Acres Community Center
significantly reduced the ability to deliver these services, forcing operations into the
smaller on-site fire house and limiting outreach, emergency preparedness, and program
delivery.
To restore and expand these capabilities, the applicant seeks to amend its special
permit to construct a new multi-use community building that includes the construction
and operation of a certified community commercial kitchen, funded in part by a County
of Hawaiʻi grant and fiscally sponsored by Puna Mākaukau, a 501(c)(3) nonprofit
organization. The proposed facility will provide a permanent, code-compliant location for
food preparation, distribution, and value-added agricultural production, benefiting
households impacted by inflation, unemployment, and food or housing insecurity, with a
focus on low- and moderate-income residents. As part of the island-wide Resilience Hub
network, the kitchen will also enhance disaster readiness and recovery capacity,
supporting the County’s broader goals for community resilience, food security, and rural
economic development.
Granting the amendment requests would not be contrary to the original
reasons for the granting of the permit. The proposed uses articulated in the amendment
request would serve as an extension of the community-oriented activities already
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permitted under the existing Special Permit for the 3-acre property, which currently
authorizes uses such as a community center with activities, classes, meetings, a farmers’
market, and a volunteer fire station. As such, these uses are also determined to be an
unusual and reasonable use of lands situated within the Agricultural District and will not
be contrary to the objectives of Chapter 205, HRS, as amended. The land upon which the
existing and proposed uses are sought is unsuited for the uses permitted within the
district. Soils are classified as “E” or “Very Poor” for agricultural productivity by the
Land Study Bureau and unclassified by the Agricultural Lands of Importance to the State
of Hawaiʻi (ALISH) Map.
Additionally, conditions of approval will minimize any potential adverse impacts
to surrounding properties. Namely, the applicant will be required to secure Final Plan
Approval from the Planning Director to allow for the review of the new multi-use
community center building and increased farmers’ market plans to ensure there is enough
parking and landscaping to help mitigate traffic, visual and noise impacts and to ensure
proper site drainage.
Conditions of approval will continue to require on-site parking for all community
events and activities and parking on public or private streets will be prohibited.
Furthermore, the applicant will continue to be required to provide traffic control
attendant(s) to actively manage traffic flow and parking associated with farmers’ market
days in addition to larger community events. There will be sufficient graded land area
surrounding the new multi-purpose community center building to accommodate parking
needs for all permitted and proposed activities and uses.
A condition of approval will require the applicant to construct and operate the
multi-use community center building/certified kitchen and provide community programs,
activities, and uses as substantially represented in the application and as presented to the
Planning Commission.
A condition of approval will also allow the applicant to introduce future
community-serving programs or activities without the need to amend the Special Permit,
provided they are similar in nature to the currently approved uses. Any such additions
must be equal to or less in scale, intensity, and potential impact than the existing uses to
avoid creating greater effects on the surrounding area. This safeguard ensures that
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environmental, traffic, noise, and other impacts remain within the limits of previously
approved thresholds. All other provisions and conditions of the Special Permit will
continue to apply to any new programs. This approach allows the applicant to respond to
evolving community needs while ensuring alignment with the scale and scope of already
permitted uses.
While the applicant anticipates construction of the multi-use community center
building to be complete within two years, the Planning Director is inclined to provide a
10-year timeframe to complete construction to account for any unanticipated delays
related to funding, permitting, etc.
The amendment requests will not unreasonably burden public agencies to provide
roads and streets, sewers, water, drainage, and police and fire protection.
Conditions of approval will compel the applicant to comply with State
Department of Health requirements for operation of the certified kitchen and wastewater
disposal. Additionally, the applicant will be required to supply potable and fire
suppression water for the proposed structures and uses on the property.
Finally, to address the grading violation issued by the Department of Public
Works, Engineering Division, a condition of approval will be added to require
compliance with Chapter 10, Erosion and Sedimentation Control of the Hawai‘i County
Code, which will guide the applicant in securing an after-the-fact grading permit.
Based on the preceding, the granting of the amendment requests would not be
contrary to the original reasons for the granting of this permit.
Approval of these requests would not be contrary to the General Plan, Puna
Community Development Plan, or other documents such as Design Plans. The
amendment request continues to be consistent with the Land Use Pattern Allocation
Guide (LUPAG) Map component of the General Plan, which is located in an area
identified as Extensive Agriculture. This category includes lands not classified as
Important Agricultural Land and includes lands that are not capable of producing
sustained, high agricultural yields without the intensive application of modern farming
methods and technologies due to certain physical constraints such as soil composition,
slope, machine tillability and climate. Other less intensive agricultural uses such as
grazing and pasture may be included in the Extensive Agriculture category.
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Additionally, the proposed community certified kitchen, expanded farmers’
market and additional community service uses are consistent with the following policies
of the General Plan:
▪ Assist in the expansion of the agricultural industry through the protection of
important agricultural lands, development of marketing plans and programs,
capital improvements and continued cooperation with appropriate State and
Federal agencies.
▪ Identify the needs of the business community and take actions that are necessary
to improve the business climate.
▪ Assist in the promotion of the agriculture industry whose products are recognized
as being produced on the island of Hawaiʻi.
▪ Encourage the establishment of open farmers’ markets to allow local agricultural
producers to market their products.
▪ Assist in cooperative marketing and distribution endeavors to expand
opportunities for local agricultural products for export as well as to the local
market.
▪ Continue to seek ways of improving public service through the coordination of
service and maximizing the use of personnel and facilities.
▪ Coordinate with appropriate State agencies for the provision of public facilities to
serve the needs of the community.
While the Hawaiian Acres Subdivision is not situated within a designated village
or town center in Puna Community Development Plan (PCDP) where community centers
are expected to be located, the property has hosted community center uses for decades,
thus the Director has determined that the expansion of community center uses on the
property is appropriate due to historic use and community need. Furthermore, the
proposed uses are supported by the following PCDP goals and actions:
▪ Opportunities for diversified agriculture increase.
▪ Puna’s agricultural production emphasizes environmentally friendly methods.
▪ Puna agricultural products represent an increasing local market share.
▪ Local job growth is primarily in “green” industries such as agriculture,
alternative energy, communications technology, eco-tourism and natural
resources management.
▪ Provide land and infrastructure for farmers’ markets within village/town centers.
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 properties. Additional governmental requirements may include the issuance of
building permits, the installation of approved wastewater disposal systems, compliance
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with the Fire Code, installation of improvements required by the Americans 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 findings, the Planning Director recommends that the
requests to amend Special Permit No. 845 be approved by the Windward Planning
Commission.
The Planning Director also recommends the replacement of the whole slate of
existing conditions to be replaced with new conditions that address the existing permitted
uses and proposed amended uses on the property and updates standard condition
language. Approval of this amendment request is subject to the following conditions
(new material is underscored and deleted material is bracketed and struck through):
[1. The applicant, successor or assigns shall be responsible for complying with all
stated conditions of approval.
2. Final Plan Approval shall be secured from the Planning Department for the
farmers market and related improvements within one year from the effective date
of this amendment. Plans shall identify structures, fire protection measures,
paved and gravel parking stalls and paved driveway access (chip seal, concrete or
asphalt concrete), and landscaping buffer associated with the proposed uses.
Parking shall comply with the requirements of Chapter 25 (Zoning Code).
Detailed landscaping plans shall include landscaping buffers in the form of trees
and shrubbery along the northeast and northwest property boundaries of the
project.
3. The applicant shall secure and finalize all building permits for all existing
structures from the Building Division-Department of Public Works within one (1)
year from the effective date of this amendment.
4. All parking for the community association building/emergency shelter and the
farmers market shall be on the subject property. Parking shall be prohibited on
Road 8 or Road C for these uses.
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5. The applicant shall provide traffic control attendant(s) to actively manage traffic
flow and parking associated with the farmers market so that vehicles do not park
or back up onto Road C and/or Road 8.
6. The applicant shall provide signage indicating where vendors and visitors may
park on-site.
7. Hours of operation for the community center events shall be from 9:00 a.m. to
9:00 p.m., daily.
8. The farmers market shall be limited to one day a week and shall limit the amount
of vendors to 20.
9. No amplification of music or speakers at events will be allowed on the property.
10. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources-
Historic Preservation Division (DLNR-HPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from the DLNR-
SHPD when it finds that sufficient mitigative measures have been taken.
11. If the applicant fails to comply with the conditions of approval or causes
complaint(s) relating to any interference or nuisance and is 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
the Planning Commission to revoke the permit. Upon appropriate findings by the
Planning Commission, if the applicant fails to comply with the conditions of
approval or has caused any unreasonable interference or nuisance on the
surrounding community, the permit may be revoked.
12. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements including the Department of Public Works-
Building Division for temporary tent permits.
13. If the applicants should require an additional extension of time, the applicants
shall submit their request to the Planning Commission for appropriate action.
Further, should any of the conditions not be met or substantially complied with in
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a timely fashion, the Director may initiate procedures to revoke the permit.]
1. The applicant, successor or assigns (“Applicant”) shall be responsible for
complying with all stated conditions of approval.
2. The operation of the proposed use shall be conducted in a manner that is
substantially representative of the existing permit, plans, and details contained
within the Special Permit amendment application received by the Planning
Department, and any representations made to the Windward Planning
Commission.
3. The Applicant may introduce future community-serving programs or activities
that are similar to the approved uses without amending this Special Permit, so
long as their scale, intensity, and potential impacts are equal to or less than those
of the currently permitted uses, and they comply with all other provisions and
conditions of this permit.
4. Construction of the proposed development shall be completed within ten (10)
years from the effective date of this amendment. Prior to construction, the
Applicant shall secure Final Plan Approval for the multi-use community building
and expanded farmers’ market and related improvements. Plans shall identify
structures, fire protection measures, paved and gravel parking stalls and paved
driveway access (chip seal, concrete or asphalt concrete), and landscaping buffer
associated with the proposed uses. Parking shall comply with the requirements of
Chapter 25 (Zoning Code). Detailed landscaping plans shall include landscaping
buffers in the form of trees and shrubbery along the proposed multi-use
community building parking lot.
5. All parking for any permitted uses on the property shall be located on the subject
property. Parking shall be prohibited on Moho Road (Road 8) and Poʻolā Road
(Road C) for these uses.
6. The Applicant shall provide traffic control attendant(s) to actively manage traffic
flow and parking associated with the farmers’ market and larger community
events/uses so that vehicles do not park or back up onto surrounding roadways.
7. The Applicant shall provide signage indicating where vendors and visitors may
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park on-site and signage indicating where parking is prohibited.
8. The farmers’ market shall be limited to one day a week and shall limit the number
of vendors to 25.
9. Hours of operation for the multi-use community center uses/events shall be from
8:00 a.m. to 9:00 p.m., daily.
10. To mitigate noise impacts on surrounding properties, no amplification of music or
speakers at events will be allowed on the property.
11. All earthwork and grading activity shall conform to Chapter 10, Erosion and
Sedimentation Control of the Hawai‘i County Code.
12. All development-generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties. Additionally, a drainage study shall be
prepared prior to Plan Approval and the recommended drainage system shall be
constructed meeting the approval of the Department of Public Works,
Engineering Division, prior to issuance of a certificate of occupancy.
13. The method of wastewater/sewage disposal shall meet the requirements of the
State Department of Health.
14. The proposed community certified kitchen shall meet the requirements of the
State Department of Health Food Safety Code.
15. The Applicant shall install and use a separate, closed potable water tank to be
filled with trucked potable water for commercial kitchen and multi-use
community center building use. The tank shall always remain filled with
sufficient water to meet potable water needs. Fire suppression improvements,
including but not limited to on-site water storage, shall meet with the approval of
the Fire Department.
16. 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 sinkholes 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 Department of Land and Natural Resources-State
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Historic Preservation Division (DLNR-SHPD) at (808) 933-7651. Subsequent
work shall proceed upon archaeological clearance from DLNR-SHPD when it
finds that sufficient mitigation measures have been taken.
17. The Applicant shall comply with all applicable County, State, and Federal laws,
rules, regulations and requirements including the Department of Public Works-
Building Division for temporary tent permits.
18. If the Applicant fails to comply with the conditions of approval or causes
complaint(s) relating to any interference or nuisance and is 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
the Planning Commission to revoke the permit. Upon appropriate findings by the
Planning Commission, if the Applicant fails to comply with the conditions of
approval or has caused any unreasonable interference or nuisance on the
surrounding community, the permit may be revoked.
19. If the Applicant requires an additional extension of time, the Applicant shall
submit their request to the Planning Commission for appropriate action.