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HomeMy WebLinkAboutPD Background Report (PL-SPP-2025-000092_AMEND SPP 09-000096)BMizukamiSPPAmend.doc 6.25.2025 COUNTY OF HAWAI‘I PLANNING DEPARTMENT BACKGROUND REPORT SIDNEY T. MIZUKAMI REVOCABLE LIVING TRUST SPECIAL PERMIT APPLICATION (PL-SPP 2025-000092/AMEND SPP 09-000096) SIDNEY T. MIZUKAMI REVOCABLE LIVING TRUST 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 larger 8.205-acre property and existing agricultural building for the parking, deployment, and storage of equipment and materials associated with a telecommunications cable installation business. The subject property is located at 640 Kaohu Lehua Place, approximately 650 feet south of its intersection with Kulana Kea Drive, Wainaku, South Hilo, Hawai‘i, TMK: (3) 2-6-032:015. APPLICANT’S REQUEST 1. Proposed Request: 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 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. 2. Reason for Request: The applicant wishes to continue using the site for its material storage area for an additional 10 years. 3. Employees: According to the original SPP application, nine (9) full-time employees work for Telecable Systems Inc. Only those employees needing to pick up materials or transport equipment come to the subject property, all other employees go directly to job sites around the island. 4. Hours of Operation: Condition 4 of the subject SPP limits “Transportation of -2- employees and equipment to and from the site related to the telecommunications 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. Landowner: Sidney T. Mizukami Revocable Living Trust. 6. Supportive Information: The applicant has submitted the attached in support of the request: (Planning Department Exhibit 1 – Application for Special Permit) STATE AND COUNTY PLANS 7. State Land Use District: Agricultural. 8. General Plan (LUPAG) Map Designation: Important Agricultural Land (ial), which are those lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. 9. County Zoning: Agricultural 20-acre (A-20a). 10. Hāmākua Community Development Plan (HCDP): The HCDP was originally adopted by the Hawai‘i County Council as Ordinance 2018-078 in August 2018. The subject property is designated agricultural by the CDP Land Use Guide Map. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 11. Subject Property: The subject property is 8.205 acres in size. On the north end of the property there is a 6,264-square foot agricultural equipment building and surrounding concrete apron. Building Permit No. 991196 was issued for this building in 1999 and finalized in 2011. The remainder of the property is planted in macadamia nut trees. 12. Surrounding Zoning/Land Uses: Surrounding properties are approximately 4 to 20 acres in size, zoned A-20a, and are planted in macadamia nuts or used for pastureland. Many of these properties contain farm dwellings, the closest of which is over 360 feet away from the permit area. 13. U.S.D.A. Soil Survey: Hilo silty clay loam, 0 to 10 percent slopes (HoC); well-drained to moderately well-drained soils with good drainage. This soil type is used for sugarcane, truck crops, orchards and pasture. 14. Land Study Bureau Soil Rating: “C” or Fair. 15. ALISH: Prime Agricultural Land. 16. Flood Zone: The Federal Emergency Management Agency’s Flood Insurance Rate Map -3- (FIRM) designates the permit area as Zone “X”, an area determined to be outside the 500-year flood plain. 17. Flora and Fauna Resources: No professional flora or faunal surveys were conducted, as the permit site is fully improved. The remainder of the property is planted in 20-year-old macadamia nut trees. 18. Archaeological/Historical Resources: No professional archaeological survey was conducted, as the permit site is fully improved. In a letter dated October 27, 2009, the Department of Land and Natural Resources-State Historic Preservation Division (DLNR- SHPD) issued a letter stating “no historic properties will be affected” due to intensive cultivation of the land. This was confirmed by a similar letter from DLNR-SHPD dated November 5, 2015. 19. Cultural Resources: The permit area is fully improved and contains no valued cultural resources. There is no evidence of any traditional native Hawaiian activities on the property. 20. Public Access: There is no public access to the mountains or the shoreline that traverses the property. 21. Traffic: According to the original SPP application, the applicant planned to park 3-5 employee vehicles on the property on weekdays. The approximately 8-10 roundtrips per day to the equipment building expected to occur on weekdays, half before 8:00 a.m. and half between 4:00 p.m. and 5:00 p.m. will continue. The equipment is also occasionally mobilized to assist HELCO and other telecommunication companies when there is a need for emergency support, and to do work on the subject property and surrounding properties. PUBLIC SERVICES AND FACILITIES 22. Access: Access to the project site is from Kaohu Lehua Place, which is an approximately 600-foot-long private gravel road approximately 10-15 feet wide with a 50-foot right-of - way width. Kaohu Lehua Place connects to Kulana Kea Drive which is a private roadway with 15-20-foot-wide pavement which connects to Wainaku Street, a county roadway. 23. Water: County water is available to the property via an existing 4-inch waterline within -4- Kaohu Lehua Place. The property is currently served by a 5/8-inch meter, which is limited to an average of 400 gallons per day. Water availability for the property is limited to one 5/8-inch meter, which is sufficient for the current operation. 24. Wastewater: There is no municipal sewer system available in the area. Wastewater from the restroom in the equipment building is disposed of into an existing cesspool. 25. Essential Utilities and Services: Cellular telephone and electrical services are available to the site. Police, fire and medical services are available in Hilo, approximately 1.5 miles from the subject property. AGENCIES' AND ORGANIZATIONS’ COMMENTS 26. State Department of Health: (Planning Department Exhibit 2 – May 28, 2025, Memo) 27. Department of Water Supply: (Planning Department Exhibit 3 – June 12, 2025, Memo) AGENCIES - NO COMMENTS/CONCERNS 28. Department of Public Works-Engineering Division, Police Department, Department of Land and Natural Resources (DLNR)-Land Division, State Office of Planning. AGENCIES - NO RESPONSE 29. Department of Public Works-Building Division, State Land Use Commission, Department of Agriculture, Fire Department, Department of Environmental Management, Real Property Tax Division. PUBLIC COMMENTS 30. None as of the date of this writing. JOSH GREEN, M.D. KENNETH S. FINK, M.D, MGA, MPH GOVERNOR OF HAWAII DIRECTOR OF HEALTH KE KIA’AINA O KA MOKU’AINA O HAWAI’I KA LUNA HO’OKELE STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: May 27, 2025 TO: Mr. Jeffrey W. Darrow Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: SUBJECT: Special Permit Amendment Application (PL-SPP-2025-000092) Special Permit No. SPP-09-000096 Applicant: Sidney T. Mizukami Revocable Living Trust Request: Amendment to Special Permit No. SPP-09-000096 to Condition No. 2 to Extend the Life of the Permit for 10 Years TMK: (3)2-6-032:015 (por.), Wainaku, South Hilo, Hawaiʻi In most cases, the District Health Office will no longer provide individual comments to agencies or project owners to expedite the land use review and process. Agencies, project owners, and their agents should apply Department of Health “Standard Comments” regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: https://health.hawaii.gov/epo/landuse/. Contact information for each Branch/Office is available on that website. Note: Agencies and project owners are responsible for adhering to all applicable standard comments and obtaining proper and necessary permits before the commencement of any work. General summary comments have been included for your convenience. However, these comments are not all-inclusive and do not substitute for review of and compliance with all applicable standard comments for the various DOH individual programs. Clean Air Branch 1.All project activities shall comply with the Hawaii Administrative Rules (HAR), Jeffrey W. Darrow May 27, 2025 Page 2 of 4 Chapters 11-59 and 11-60.1. 2. Control of Fugitive Dust: You must reasonably control the generation of all airborne, visible fugitive dust and comply with the fugitive dust provisions of HAR §11-60.1-33. Note that activities that occur near existing residences, businesses, public areas, and major thoroughfares exacerbate potential dust concerns. It is recommended that a dust control management plan be developed which identifies and mitigates all activities that may generate airborne and visible fugitive dust and that buffer zones be established wherever possible. 3. Standard comments for the Clean Air Branch are at: https://health.hawaii.gov/epo/landuse/ Clean Water Branch 1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55. 1. The following Clean Water Branch website contains information for agencies and/or project owners who are seeking comments regarding environmental compliance for their projects with HAR, Chapters 11-53, 11-54, and 11-55: https://health.hawaii.gov/cwb/clean-water-branch-home- page/cwb- standard-comments/. Hazard Evaluation & Emergency Response Office 1. A Phase I Environmental Site Assessment (ESA) and Phase II Site Investigation should be conducted for projects wherever current or former activities on site may have resulted in releases of hazardous substances, including oil or chemicals. Areas of concern include current and former industrial areas, harbors, airports, and formerly and currently zoned agricultural lands used for growing sugar, pineapple or other agricultural products. 2. Standard comments for the Hazard Evaluation & Emergency Response Office are at: https://health.hawaii.gov/epo/landuse/. Indoor and Radiological Health Branch 1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11-502, 11-503, and 11-504. 2. Noise may be generated during demolition and/or construction. The applicable maximum permissible sound levels, as stated in Title 11, HAR, Chapter 11-46, “Community Noise Control,” shall not be exceeded unless a noise permit is obtained from the Department of Health. 3. Construction/Demolition Involving Asbestos: If the proposed project includes renovation/demolition activities that may involve asbestos, the applicant should contact the Asbestos and Lead Section of the Branch at https://health.hawaii.gov/irhb/asbestos/. Safe Drinking Water Branch Jeffrey W. Darrow May 27, 2025 Page 3 of 4 1. Agencies and/or project owners are responsible for ensuring environmental compliance for their projects in the areas of 1) Public Water Systems; 2) Underground Injection Control; and 3) Groundwater and Source Water Protection in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11- 25. They may be responsible for fulfilling additional requirements related to the Safe Drinking Water program: https://health.hawaii.gov/sdwb/. 2. Standard comments for the Safe Drinking Water Branch can be found at: https://health.hawaii.gov/epo/landuse/. Solid & Hazardous Waste Branch 1. Hazardous Waste Program - The state regulations for hazardous waste and used oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the identification, handling, transportation, storage, and disposal of regulated hazardous waste and used oil. 2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters 339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282. Generators and handlers of solid waste shall ensure proper recycling or disposal at DOH-permitted solid waste management facilities. If possible, waste prevention, reuse, and recycling are preferred options over disposal. The Office of Solid Waste Management also oversees the electronic device recycling and recovery law, the glass advanced disposal fee program, and the deposit beverage container program. 3. Underground Storage Tank Program – The state regulations for underground storage tanks are in HAR Chapter 11-280.1. These rules apply to the design, operation, closure, and release response requirements for underground storage tank systems, including unknown underground tanks identified during construction. 4. Standard comments for the Solid & Hazardous Waste Branch can be found at: https://health.hawaii.gov/epo/landuse/. Wastewater Branch For comments, please email the Wastewater Branch at doh.wwb@doh.hawaii.gov. Sanitation / Local DOH Comments: 1. According to HAR §11-26-35, No person, firm, or corporation shall demolish or clear any structure without first ascertaining the presence or absence of rodents that may endanger public health by dispersal from such premises. Should any such inspection reveal the presence of rodents, the rodents shall be eradicated before demolishing or clearing the structure. A demolition permit is required prior to demolition. Jeffrey W. Darrow May 27, 2025 Page 4 of 4 Other 1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit recommends that state and county planning departments, developers, planners, engineers, and other interested parties apply these principles when planning or reviewing new developments or redevelopment projects. 2. If new information is found or changes are made to your submittal, DOH reserves the right to implement appropriate environmental health restrictions as required. Should there be any questions on this matter, please contact the Department of Health, Hawaii District Health Office, at (808) 933-0917. F WATF,gS - 49 DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAI`I OF;Hn...... ' 345 KEKUANAO`ASTREET, SUITE 20 • HILO, HAWAI'I 96720 TELEPHONE (808) 961-8050 • FAX (808)961-8657 June 12,2025 CHH PLANNING DEPT JUN 16 2025_PH2:$6 TO: Mr. Jeffrey Darrow, Director REC'D HAND DELIVERED Planning Department FROM: Keith K. Okamoto, Manager—Chief Engineer SUBJECT: Special Permit Amendment Application (PL-SPP-2025-000092) Special Permit No. SPP-09-000096 Applicant: Sidney T. Mizukami Revocable Living Trust Request:Amendment to Special Permit No. SPP-09-000096 to Condition No.2 to Extend the Life of the Permit for 10 Years Tax Map Key 2- 6-032:015 We have reviewed the subject application and have no objection as the proposed use will not generate a significant increase in water demand. The subject parcel is currently served by an existing 5/8-inch meter,which is limited to an average of 400 gallons per day. There is an existing 4-inch waterline within Kaohu Lehua Place fronting the subject parcel. The current water availability conditions in the area,which are subject to change without notice, allow for only one 5/8-inch meter per existing lot of record. Please be informed that the nearest fire hydrant to the subject parcel is approximately 820 feet to the east of intersection of Kulana Kea Drive and Kaohu Lehua Place. Although the subject parcel is zoned Agricultural 20 acre and the Department's Water System Standards do not require fire protection for this type of zoning,the applicant should consult the Fire Department for any fire protection requirements. Should there be any questions, please contact Ms. Robyn Matsumoto of our Water Resources and Planning Branch at(808)961-8070,extension 255. Sincerely yours, 444441\411r) Keith K. Okamoto, P.E. Manager-Chief Engineer RM:makk copy— Mr. Sidney T. Mizukami Water, Our 7vIost Precious Xesource. . . Ka Wai A pane . . . The Department of Water Supply is an Equal Opportunity provider and employer.