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HomeMy WebLinkAboutPD Revised Recommendation Report for Vincent Ludricks (PL-SPP-2025-000097) -1- RLudricksRevisedSPP.10.7.2025 COUNTY OF HAWAI‘I PLANNING DEPARTMENT REVISED RECOMMENDATION VINCENT LUDRICKS SPECIAL PERMIT APPLICATION (PL-SPP-2025-000097) Upon careful review of the request against the guidelines for granting a Special Permit, the Planning Director recommends approval of the revised Special Permit request to allow the storage of two (2) work vehicles for a plumbing business within a garage on an approximately 0.5-acre portion of a larger 1-acre parcel in the State Land Use Agricultural District. 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 recommendation is based on the following findings: The applicant is requesting a Special Permit to allow the storage of two (2) work vehicles for a plumbing business within a garage on an approximately 0.5-acre portion of a larger 1-acre parcel in the State Land Use Agricultural District which consists of the following: ▪ Detached Garage: Use of an approximately 2,400 square foot detached garage, including a full bathroom, for storage of two (2) work vehicles. The garage is under construction and received building permits in conjunction with a new dwelling that will house the applicant’s mother. ▪ Access/Parking: Access to the property is from 9th Avenue, a privately owned gravel roadway maintained by the Hawaiian Paradise Park Homeowner’s Association. Two parking stalls will be available inside the garage after the work vehicles have exited, and two additional stalls are available in the front of the garage. All parking stalls meet or exceed the County’s standard stall size requirement of 18 feet by 8.5 feet, and sufficient space is available in the garage to accommodate one (1) ADA-accessible stall if required. ▪ Employees/Hours of Operation: The applicant is proposing four (4) full-time employees for the business. Business operations would occur Monday through -2- Friday, with vehicles leaving the property no earlier than 7:00 a.m. and returning by 5:00 p.m. No vehicle trips are proposed on weekends. Daily activity will be limited to two (2) trips in the morning and two (2) trips in the afternoon, for a total of four (4) trips per day. The applicant is the owner of a family-run plumbing business in Pāhoa. He lives near the subject property which he purchased with the intent of constructing a dwelling for his mother. The applicant seeks to provide secure storage space for two (2) work vehicles for his plumbing business. 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 or Rural District, whichever the case may be; and (b) the proposed use would promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes (HRS) 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 proposed use represents 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, Hawaiʻi Revised Statutes (HRS), as amended. The intent of the State Land Use Law is to preserve, protect, and encourage the development of lands in Hawaiʻi for purposes to which they are best suited, in the interest of public health, safety, and welfare. The proposed use, the storage of two (2) work vehicles associated with a small plumbing business, will be subordinate and incidental to the primary residential use of the property and will be confined entirely within the existing detached garage. The use will not displace any ongoing agricultural activity, nor will it diminish the limited agricultural potential of the parcel. No new ground disturbance or additional structures are proposed, and the overall rural and residential character of the area will remain unchanged. -3- Accordingly, the proposed use is considered an unusual but reasonable use of land within the Agricultural District, consistent with the objectives and intent of the State Land Use Law and Regulations. It will not adversely affect the preservation or agricultural use of the County’s prime agricultural lands, nor will it be contrary to the purposes sought to be accomplished by Chapter 205, HRS, as amended. 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). (A) Such use shall not be contrary to the objectives sought to be accomplished by the Land Use Law and Regulations. Within the Agricultural District, the overall goal is to preserve lands with high agricultural potential for agricultural production. In this case, the subject property is characterized by Keaukaha highly decomposed plant material, 2 to 10 percent slopes, and is located within an area where soils are classified by the Land Study Bureau’s Overall Master Productivity Rating as “E” (Very Poor), the lowest productivity rating, and are further identified as “Unclassified” on the Department of Agriculture’s Agricultural Lands of Importance to the State of Hawaiʻi (ALISH) Map. These classifications confirm that the site possesses very limited agricultural potential and is not suitable for intensive or commercial agricultural activity. Given the property’s poor soil quality and rural residential subdivision context, its agricultural potential is limited. The use, restricted to indoor vehicle storage within an existing enclosed garage, will not conflict with or diminish the objectives of the State Land Use Law and Regulations. (B) The desired use shall not adversely affect the surrounding properties. The subject property and surrounding parcels are zoned A-1a (Agricultural, 1-acre minimum) within the Hawaiian Paradise Park (HPP) Subdivision. The surrounding area is largely undeveloped, characterized by scattered single-family dwellings and vacant lots. Potential impacts such as noise, traffic, and visual effects are anticipated to be minimal. All work vehicles will be stored within the enclosed garage, eliminating outdoor storage and associated visual clutter. The Applicant has planted Malay Dwarf Bamboo along the front and east property boundaries to provide a dense, non-invasive visual and -4- noise buffer. Operational activity will be limited to four weekday trips, two in the morning and two in the afternoon, between 7:00 a.m. and 5:00 p.m. No weekend trips, customer visits, or vehicle idling along 9th Avenue are proposed. It should be noted that the Planning Director previously provided a denial recommendation on an earlier version of this request because it included the storage of materials and equipment typical of a contractor’s baseyard, inconsistent with the intent of the Agricultural District. The applicant has since revised the proposal to limit the use exclusively to vehicle storage within the existing enclosed garage, thereby ensuring compatibility with the surrounding residential environment. With these revisions and the imposition of appropriate conditions of approval requiring that the Special Permit authorize only the storage of two (2) work vehicles and no other equipment or materials, the proposed use is not expected to adversely affect 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 is via 9th Avenue, a privately owned and maintained roadway within the Hawaiian Paradise Park Subdivision. All subdivision roads are maintained by the Hawaiian Paradise Park Homeowner’s Association; therefore, the proposed use will not burden County or State road maintenance responsibilities. Traffic associated with the use will be limited to approximately four trips per day, and vehicles will be prohibited from parking or idling along 9th Avenue. County water service is not available to the property; however, water is supplied from a private well shared with the dwelling, which is adequate to meet the minimal needs of the project. Wastewater is served by an existing Department of Health–approved Individual Wastewater System (IWS) with sufficient capacity for the use. Solid waste generated by the project will be minimal and will be disposed of by the applicant at the East Hawaiʻi Reload Facility, with appropriate permitting. Police, fire, and medical services are available in Keaʻau, approximately 4.5 miles from the subject property. In addition, the Hawaiian Paradise Park Fire Station on Paradise -5- Drive is located approximately 2 miles from the project site. The applicant will be required to comply with any fire protection measures determined necessary by the Fire Department. The property is located within FEMA Flood Zone X, an area determined to be outside the 500-year floodplain, and there are no known drainage concerns associated with the existing improvements. A condition of approval will require that the applicant comply with all applicable County, State, and Federal laws, rules, and regulations. Based on these considerations, the proposed use is not anticipated to unreasonably burden public agencies. (D) Unusual conditions, trends, and needs have arisen since district boundaries and regulations were established. Hawaiʻi Revised Statutes (HRS) §205-6 recognizes that certain lands within the State Land Use Agricultural District may not always be best suited for agricultural activities and allows for certain unusual and reasonable uses under a Special Permit. The subject property is classified by the Land Study Bureau as “E” (Very Poor), the lowest productivity rating, and the soils are not considered prime farmland under the Agricultural Lands of Importance to the State of Hawaii (ALISH) system. Given its poor soil quality and its location within a largely residential subdivision, the property is not well suited for intensive or commercial agricultural use. At the same time, the Puna District, and Hawaiian Paradise Park (HPP) in particular, has experienced rapid residential growth and an increasing demand for trade- related services to support the expanding community. Approval of this Special Permit will allow the applicant, a licensed plumber, to store work vehicles in close proximity to his family’s home and customer base, thereby meeting a demonstrated community need without displacing viable agricultural land. Accordingly, the proposed use represents an unusual yet compatible and reasonable use within the Agricultural District. While the project site and surrounding areas are designated for agricultural uses by both State and County land use laws, various limited “non-agricultural” services and uses have been appropriately established through the issuance of Special Permits. The existing garage is consistent with the surrounding residential character, and the storage of two (2) work vehicles within the garage will not -6- adversely affect the area. The proposal supports the growing residential population in HPP by reducing commute distances and providing localized trade services to the community. (E) The land upon which the proposed use is sought is unsuited for the uses permitted within the district. The subject property contains soils classified by the USDA Natural Resources Conservation Service (NRCS) as Keaukaha highly decomposed plant material with 2 to 10 percent slopes. The Land Study Bureau (LSB) rates these soils as “E” (Very Poor), the lowest agricultural productivity rating. The parcel is unclassified under the Agricultural Lands of Importance to the State of Hawaiʻi (ALISH) system and is not considered prime agricultural land. Given its poor soil quality and limited size, the property is not suitable for intensive or commercial agricultural use. The 0.5-acre permit area will utilize the existing detached garage that is under construction, avoiding any new grading or disturbance. The storage of two (2) work vehicles within this structure represents a reasonable and appropriate utilization of the land and will not displace or preclude future agricultural potential. (F) The proposed use will not substantially alter or change the essential character of the land and the present use. The subject parcel comprises one (1) acre, located within the Hawaiian Paradise Park Subdivision, an area characterized by scattered single-family dwellings and vacant lots. The site was previously cleared and is currently being developed with a dwelling and detached garage. No agricultural activity presently occurs on the parcel. Given the soil quality and lot size, the property is not well suited for intensive or commercial agricultural use. The Special Permit area, limited to 0.5 acres, will utilize the existing garage for storage of two work vehicles only. No new construction, signage, or outdoor activity is proposed. Landscaping along the property frontage and east boundary provides effective visual screening. Because the proposed use is contained entirely within existing improvements and remains subordinate to the residential use, it will not alter the essential character of the property or surrounding neighborhood. (G) The request will not be contrary to the General Plan and official Community Development Plan and other documents such as Design Plans. The -7- County of Hawai‘i General Plan serves as the policy document guiding the island’s long- range comprehensive development. The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates the subject property as Rural, a classification that applies to subdivisions in Agricultural and Rural Districts with significant residential components. Typical lot sizes in Rural areas range from approximately 9,000 square feet to two acres and may include small farms, wooded areas, open fields, and residential dwellings. Within such areas, community-serving facilities may be considered with appropriate zoning and discretionary approvals. The proposed use is consistent with the following General Plan goals and policies: ▪ Land Use Element: Designate and allocate land uses in appropriate proportions and mix, in keeping with the social, cultural, and physical environments of the County; encourage development of communities that meet resident needs while balancing the physical and social environment. ▪ Economic Element: Provide residents with opportunities to improve their quality of life through compatible economic development; support an economic climate that allows new and expanded opportunities for local occupations and services. The Puna Community Development Plan (PCDP) further supports the proposed use by emphasizing the preservation of rural character, expansion of localized economic opportunities, and reduction of dependence on long-distance commuting. Hawaiian Paradise Park (HPP) has been one of the fastest-growing communities in Puna, resulting in increased demand for trade-related services that support residential development. Although the subject parcel is not located within a designated village or town center, where community-serving or light industrial uses are typically encouraged, allowing the applicant to store two (2) work vehicles within an existing enclosed garage provides a reasonable, small-scale, home-based business support use consistent with the PCDP’s guiding principles of sustainability, self-sufficiency, and rural integrity. The request to store two (2) work vehicles within the existing garage is comparable to typical residential accessory use of detached garages and is therefore considered compatible with the surrounding neighborhood. To ensure the use remains limited and compatible, a condition of approval shall prohibit the storage of materials, supplies, or -8- equipment on the property and restrict the Special Permit exclusively to two (2) vehicle storage. The request is not contrary to Chapter 205A, Hawai‘i Revised Statues, relating to Coastal Zone Management. The property is located over 1.6 miles away from the nearest shoreline, not located within the Special Management Area, and will not be impacted by coastal hazards or affect beach erosion, coastal ecosystems, and marine resources. There is no record of a designated public access to the shoreline or mountain areas that traverse the property. Based on the preceding, the proposed use is not contrary to the objectives of Chapter 205A, Hawai‘i Revised Statutes relating to Coastal Zone Management. 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 Ka ‘Aina” 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 archaeological inventory survey or professional flora/fauna study was conducted for the subject property. The valuable cultural, historical, and natural resources found in the permit area: The parcel was previously cleared and graded in conjunction with construction of the dwelling and garage, and no new ground disturbance is proposed. The Department of Land and Natural Resources – State Historic Preservation Division (SHPD) issued a “no-effect” letter dated August 25, 2025, confirming that no historic properties will be affected by the proposed use. Additionally, there are no know endangered or threatened floral or faunal species on the property or in the area. Possible adverse effect or impairment of valued resources: Given that the property was previously cleared and graded, no valued archaeological, cultural, historical, or natural resources have been identified on the site. SHPD has issued a “no-effect” -9- determination, and no new ground disturbance is proposed. Accordingly, it is unlikely that the proposed use will adversely affect or impair valued resources. Feasible actions to protect native Hawaiian rights and valued resources: To the extent that traditional and customary Native Hawaiian rights are exercised in the area, the proposed action will not affect those rights. As no impacts are anticipated, no additional protective measures are necessary. 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. 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 affected agencies. Based on the above findings, the Planning Director recommends approval of the request for a Special Permit to store two (2) vehicles for a plumbing business within a detached garage on an approximately 0.5-acre portion of a larger 1-acre parcel in the State Land Use Agricultural District. 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(s), its successor(s) or assign(s) (“Applicant”) shall be responsible for complying with all of the stated conditions of approval. 2. The operation of the proposed use shall be conducted in a manner that is substantially representative of plans and details as contained within the revised Special Permit application received by the Planning Department and representations made to the Windward Planning Commission. Any expansion of the uses beyond what is represented in these documents shall require an amendment to this permit. 3. The property shall only be utilized for the purposes as represented by the Applicant in the revised Special Permit application. A maximum of two (2) work vehicles -10- associated with the approved use shall be allowed on the property at any one time and no other business related equipment or materials shall be stored on site. 4. The hours of operation for the approved use shall be limited to Monday through Friday, with work vehicles permitted to leave the property no earlier than 7:00 a.m. and return no later than 5:00 p.m. Daily activity shall be limited to two (2) trips in the morning and two (2) trips in the afternoon, for a total of four (4) trips per day. No vehicle trips or operational activities shall occur on weekends or outside of the approved hours. 5. The Applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. 6. If the 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.