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HomeMy WebLinkAboutPD Recommendation Report (PL-SPP-2025-000092_AMEND SPP 09-000096)1 RMizukamiSPPAmend.doc 7.11.2025 COUNTY OF HAWAIʻI PLANNING DEPARTMENT RECOMMENDATION SIDNEY T. MIZUKAMI REVOCABLE LIVING TRUST SPECIAL PERMIT APPLICATION (PL-SPP 2025-000092/AMEND SPP 09-000096)) Upon review of the request, the Planning Director recommends that the Planning Commission approve the requested amendment to Special Permit 09-000096 to allow for a 10-year time extension to the life of the permit. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based on additional information presented at the public hearing. This approval is based on the following findings: The applicant is requesting an amendment to Special Permit No. 09-000096, as amended in 2016, to allow for a 10-year time extension to the life of the permit to allow for the continued use of a 28,704-square foot portion of the 8.205-acre subject property and existing agricultural building for the parking, deployment, and storing of equipment and materials associated with a telecommunications cable installation business. According to the original Special Permit (SPP) application, equipment stored on the site would include two bucket trucks, one digger truck, one flatbed truck, one equipment trailer, a compressor and two cable trailers. Only the cable trailers would not be used for agricultural activities. All other equipment would be used on the subject property to prune the surrounding macadamia nut trees and to install piping and other agricultural- related improvements. The request is for a ten (10)-year time extension to Condition No. 2 (life of the permit), which would extend the use to March 24, 2035. The applicant requested the following specific language for the amendment request (material to be deleted is bracketed/struck through, material to be added is underscored): Amend Condition 2: The life of the permit shall not exceed March 24, [2025] 2035. Granting of the amendment request would not be contrary to the General Plan, Community Development Plan or Zoning Code. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of -2- 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 located in an area identified as Important Agricultural Land (IAL) on the LUPAG Map. Important agricultural lands are those with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. Given that the permit area will continue to utilize only a 28,704-square foot, non- cultivatable portion of an approximately 8.205-acre parcel, the continuance of this permit will not be contrary to the General Plan. Further, the time extension request conforms to the following goals and policies of the General Plan Land Use Element: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. The Hāmākua Community Development Plan (HCDP) was adopted by the Hawai‘i County Council as Ordinance 2018-078 in August 2018, after the most recent amendment to the original Special Permit was approved. The HCDP does not have policies that prohibit Special Permits of this type. The applicants’ request is in alignment with several HCDP policies: Land Use Policy No. 21: To preserve the agricultural character of Hāmākua and to reinforce existing protections, the CDP Land Use Guide Map designates agricultural lands in the Hāmākua Planning Area to be preserved for agriculture and open space. Development and construction in the Agricultural designation shall be limited to agriculture, related economic infrastructure and cottage industries, renewable energy, open area recreational uses, and community facilities, unless otherwise permitted by law. -3- Community Objective 9: Encourage the increase and diversity of employment and living options for residents, including living wage jobs and entrepreneurial opportunities that allow residents to work and shop close to home and that complement Hāmākua’s ecology, rural character, and cultural heritage. Based on the preceding, the granting of the requested amendment would not be contrary to the General Plan, Community Development Plan or Zoning Code. Granting of the amendment request would not be contrary to the original reasons for the granting of the Special Permit. The original reasons for the approval of Special Permit No. 09-000096 are still applicable today and the request is not contrary to those reasons. The use would continue 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. Although the property is designated Prime agricultural land by the Agricultural Lands of Importance to the State of Hawai‘i (ALISH) Map, it is classified as “C” or Fair for agricultural productivity by the Land Study Bureau. Furthermore, the majority of the property is used for macadamia nut tree cultivation. The continued use will not adversely affect surrounding properties. The applicant established a landscaping buffer, however most of the podocarpus trees have died and the north side of the permit area will be replanted to comply with Condition 6. Since approval of the 2016 amendment, the Planning Department has received no complaints regarding the existing use. Lastly, the continued use will not unreasonably burden public agencies to provide infrastructure and utilities to the property. Access to the site is via private roadways. County water for the existing agricultural equipment building is provided by a 5/8-inch water meter and sewage is disposed of in an existing cesspool. Cellular telephone and electrical services are available to the site as well. Expansion of the use beyond what currently exists is not proposed at this time and there were no objections or concerns from County or State agencies to granting the amendment request. Based on the above considerations, the Planning Director believes that granting the amendment request will not be contrary to the original reasons for granting the Special Permit. -4- The granting of this request would promote the effectiveness and objectives of Chapter 205A, Hawai‘i Revised Statutes, relating to the Coastal Zone Management Program. The subject property is located outside of the Special Management Area about half a mile from the nearest coastline, above Māmalahoa Highway at an elevation of 300 feet mean sea level. There is no record of any designated public access to the shoreline or mountain areas traversing the property. Due to the properties distance from the shoreline, the request will not impact recreational resources, scenic and open space or visual resources, coastal ecosystems and marine coastal resources. No historic properties exist on the subject parcel due to extensive cultivation of the land. Further, there is no evidence of valued cultural, historical or native resources, nor evidence of any traditional and customary Native Hawaiian rights being practiced on the site. 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: As part of the original Special Permit application, the State Department of Land and Natural Resources, State Historic Preservation Division (SHPD), by letter dated October 27, 2009, determined that no historic properties will be affected since the land has been altered by intensive cultivation, development/construction, grading/grubbing. The valued cultural, historical, and natural resources found in the rezoning area: As mentioned above, SHPD determined that no historic properties would be affected and the property has been cleared and impacted by agricultural activity. There are no known features of cultural importance, there is no known history of traditional practices associated with the property, nor is there any record of a designated public access to the shoreline or mountain areas that traverses the property. Possible adverse effect or impairment of valued resources: There is no evidence that any possible adverse effects or impairments will occur to any valued resources. Feasible actions to protect native Hawaiian rights: There is no evidence of any valued cultural, historical, and/or natural resources found on the site, thus to the extent -5- 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. Lastly, 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 approval of the amendment to allow for a 10-year extension to the life of the permit. It is recommended that the Planning Commission approve the request with the following changes to conditions. (Material to be deleted is bracketed and struck-through; new material is underscored): 1. The applicant, successors or assigns (“Applicant”) shall comply with all of the stated conditions of approval. 2. The life of the permit shall not exceed March 24, [2025] 2035. 3. All activities associated with the proposed use shall be conducted entirely within the permit area accepted by the Planning Department by its May 14, 2010 letter. 4. Transportation of employees and equipment to and from the site related to the telecommunication cable business shall be limited to weekdays, between 6:00 a.m. and 8:00 p.m., except to assist public utility companies during emergency outages. 5. The [applicant]Applicant shall maintain agriculture as the primary use of the property. 6. A landscape buffer shall be established and maintained at a minimum height of ten (10) feet and minimum depth of four (4) feet along the northern property line to screen views of the special permit area from surrounding properties. 7. All exterior lighting shall be shielded. 8. The [applicant]Applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. -6- 9. If the [applicant]Applicant should require an additional extension of time, the [applicant]Applicant shall submit their request to the Planning Commission for appropriate action. 10. Should any of the conditions not be met or substantially complied with in a timely manner, the Planning Director may initiate procedures to revoke the permit.