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HomeMy WebLinkAboutPD Recommendation Report Maurice & Jiranan Thomas Trusts (PL-SPP-2025-000105) -1- R.ThomasTrustsAmendSPP COUNTY OF HAWAI‘I PLANNING DEPARTMENT RECOMMENDATION MAURICE & JIRANAN THOMAS TRUSTS SPECIAL PERMIT APPLICATION NO. PL-SPP-2025-000105 (AMEND PL-SPP-2022-000017) Upon review of the request to amend Condition 4 of Special Permit No. PL-SPP-2022- 000017, the Planning Director recommends this amendment request be approved 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 approval recommendation is based on the following findings: The applicant is requesting an amendment to Special Permit No. PL-SPP-2022-000017, to allow a 3-year time extension to Condition No. 4 to allow the applicant to secure a Certificate of Occupancy for an existing, warehouse and office facility and related improvements for warehousing, distribution and administrative operations related to retail and service activities in Orchidland Estates and Volcano Village on 1.045 acres of land in the State Land Use Agricultural district. Condition No. 4 currently states: “Within ninety (90) days of the approval of this permit, the Applicant shall complete the installation of a Department of Health-approved wastewater disposal system capable of supporting the approved use. Within one year of the approval of this permit, the applicant shall finalize any required building improvements and obtain a Certificate of Occupancy to change the use of the structure from an agricultural storage building to a commercial/ industrial warehouse.” The existing 8,160 square foot building (currently permitted as an agricultural storage facility), houses 7,200 square feet of warehouse and distribution space and 960 square feet of administrative office space. An existing asphalt parking area can accommodate 10 standard-sized parking stalls and space for a loading area. The warehouse facility currently accommodates a wide range of hardware products, food, and liquor/beer that supports the applicants’ general store operations located on the adjacent property as well as their hardware store and restaurant operations in Volcano Village. Ice is also being -2- manufactured and stored at this facility within a refrigerated storage container for distribution to the applicant’s various businesses. The warehouse facility employs eight (8) workers, and the applicant proposes to continue operating seven (7) days a week from 6:00 am to 6:00 pm. The warehouse operation currently handles deliveries/stock as follows: ▪ Only one (1) large (8-foot by 40-foot) container shipment arrives each month at this warehouse facility providing products to support the applicant’s True Value Hardware retail operations. ▪ Once the container shipment is unloaded and transported into the warehouse facility, the products are segregated and then transported to the applicant’s businesses in Volcano via smaller delivery vans, which amounts to approximately 12 daily deliveries. ▪ As the Orchidland General Store is situated immediately to the east (makai) of the subject property and existing warehouse facility, the transport of products from the warehouse is directly via an existing dock situated between the two properties, with the use of forklifts and hand trucks to carry products. According to the applicant, they continue to use the property and structure for administrative, warehousing and distribution operations associated with the applicant’s commercial retail and service activities located in both Orchidland Estates Subdivision (Orchidland General Store/True Value Hardware) and Volcano Village (True Value Hardware store and Thai Thai Bistro & Bar). The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. According to the applicant, the primary reason for the delay in compliance with Condition No. 4 is due to the length of time in retaining a licensed professional to produce the required plans. The applicant states that the architect was not retained until December 2023 and delayed further securing the services of an electrical engineer. For this reason of unforeseen delay, the Planning Director recommends amending Condition No. 4 to require the applicant to finalize the required building permit, meeting with approval of DPW, and to obtain a Certificate of Occupancy within 3 years of this amendment. -3- Granting the amendment request would not be contrary to the General Plan or Puna Community Development Plan (PCDP). The County of Hawai‘i’s 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 in this County based on long-term goals. The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designation of Medium Density Urban, which allows village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential-up to 35 units per acre), has not changed since the original permit was issued in 2022. Additionally, the proposed use continues to support the following goals and policies of the Public Facilities, Land Use and Economic elements of General Plan. Land Use- Commercial ▪ Provide commercial developments that complement the overall pattern of transportation and land usage within the island’s regions, communities, and neighborhoods. ▪ Distribution of commercial areas shall meet the demands of neighborhood, community and regional needs. Economic ▪ The County shall strive for diversification of its economy by strengthening industries and attracting new endeavors. ▪ Economic development and improvements shall be in balance with the physical and social environments of the island of Hawaiʻi. The amendment request is also consistent with the Puna CDP. The subject parcel is located within the projected Orchidland Neighborhood Village Center, an area identified by the PCDP as “located along Orchidland Drive from Highway 130 to halfway between 34th and 35th Avenues”, which encompasses 15 parcels and an area of about 16 acres. A goal of the PCDP is to “facilitate land use entitlements and other tools for the development of existing and future village/town centers and special design districts by recommending approval of applications for commercial zoning or use permits…for proposed uses at appropriate nearby locations, provided that the size and use of the expansion area confirms to the criteria applicable to the type of village/town center at that location.” Based on the -4- preceding, the proposed use continues to be consistent with the General Plan and the Puna CDP. Granting 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. PL-SPP-2022-000017 are still applicable today and the request is not contrary to these 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. The continued operation will not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, and police and fire protection. Traffic on Orchidland Drive is made up primarily of residents of the area and users of the shopping/commercial area east of the subject parcel. The current operation, which consists of monthly large (40-foot) container deliveries to the property and 12 daily deliveries via delivery vans to the applicant’s businesses in Volcano Village, has not generated a significant amount of traffic to the area. Finally, employee traffic usually occurs prior to 6:00 am and after 6:00 pm when the operations employees arrive and depart work daily. Based on the preceding, the applicant does not believe that the volume of traffic generated by the existing warehouse operations will have a detrimental effect upon traffic movements along Orchidland Drive or at its intersection with the Keaʻau-Pāhoa Road. By letter dated August 30, 2022, the State Department of Transportation (DOT) indicated that it had no objections to the original Special Permit and determined that, “based on 12 vehicle trips per day to be generated by the proposed operation described in the application, it appears that the project will have no significant impacts to the nearby state highway facilities.” One (1) unit of county water at an average of 400 gallons per day (GPD) has been made available to the property via an existing 2-inch meter. Additionally, an existing condition of approval requires the applicant to comply with all requirements of the Fire Department for providing adequate access and sufficient quantities and flow rates of water for fire suppression. Condition No. 4 required the applicant to install a new wastewater system meeting -5- with the approval of the Department of Health (DOH), within 90 days of approval of the original Special Permit. Currently there is a new septic system on the subject property servicing the wastewater needs of the warehouse facility. The Department of Health- Wastewater Branch approved the system for use on January 5, 2023. Based on the preceding, the Planning Director recommends amending Condition No. 4 to remove the portion addressing installation of the new wastewater system. Additionally, DOH requires the applicant to comply with DOH’s Food Safety Code, as the warehouse operation stores food for distribution to the applicant’s retail and restaurant operations, which is addressed by an existing condition of approval. According to the Department of Public Works-Building Division, the current structure was permitted as an agricultural storage building and a building permit to change the use of the structure from an agricultural storage building to a commercial/ industrial warehouse is required to ensure fire, life, and safety of the occupants. DPW notes that Building Permit Application PW.B2025-001712 has been submitted by the applicant, however the permit has not yet been issued. Condition No. 4 required the applicant to complete the building permit process to change the use and obtain a Certificate of Occupancy within one year of approval of the original Special Permit. Based on the above considerations, the Planning Director believes that granting a 3-year time extension to complete the building permit process will not be contrary to the original reasons for granting the Special Permit. 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: 1) No archaeological inventory survey or flora/fauna study of the property was conducted due to the significantly developed nature of the property. Furthermore, past ground disturbance activities within the property, which included backfilling, would indicate that the potential for subsurface archaeological -6- resources is unlikely. Construction of the driveway and parking area and the installation of septic and drainage systems did not encounter any historical features. The valuable cultural, historical, and natural resources found in the permit area: The subject site is not adjacent to or proximate to the shoreline. As such, there should be no impact on fishing and/or coastal access. According to the applicant, there are no known customary or Native Hawaiian cultural rights exercised on the property. Furthermore, there are no known archaeological or historic resources on the property and the flora/fauna found on the property are largely introduced species consistent with that of an urban area, thus not considered to be particularly endangered or culturally significant. Possible adverse effect or impairment of valued resources: Given the lack of valued resources identified on the property, it is unlikely that such resources will be impaired. Feasible actions to protect native Hawaiian rights and valued resources: To the extent to which traditional and customary native Hawaiian rights are exercised, the proposed warehouse use and the granting of a time extension to properly permit this warehouse facility will not affect traditional Hawaiian rights and no action is necessary to protect these rights. No unidentified sites or remains were encountered during the construction of related improvements upon the property 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 property. 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 to amend the Special Permit to allow a 3-year time extension to Condition No. 4 to obtain a Certificate of Occupancy. It is recommended that the Planning Commission approve -7- 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 proposed warehouse use shall be conducted in a manner that is substantially representative of plans and details contained within the Special Permit Amendment Application dated [June 13, 2022] September 12, 2025, any supplemental material, and the representations made before the Windward Planning Commission. Any expansion of uses or operation beyond what is represented in this document shall require an amendment to this permit. [3. An individual wastewater system(s) shall be installed, and permitted for the proposed use, meeting with the approval of the State Department of Health.] [4.]3. [Within ninety (90) days of the approval of this permit, the Applicant shall complete the installation of a Department of Health-approved wastewater disposal system capable of supporting the approved use.] Within [one year] three (3) years of the approval of this amended permit, the applicant shall finalize any required building [improvements] permits and obtain a Certificate of Occupancy to change the use of the structure from an agricultural storage building to a commercial/ industrial warehouse. [5.]4. [Prior to construction, the Applicant shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawai‘i County Code. Plans shall identify all existing and/or proposed structure(s), paved driveway access and paved parking stalls associated with the proposed development. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department’s Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawai‘i County Code. Privacy slats shall be [installed and] maintained in the existing fence from the base to its current height along the southern boundary line to provide an opaque visual barrier between the proposed use and neighboring -8- property. Front yard landscaping shall be [applied to] maintained along the west property line (along 34th Avenue) as provided for in Planning Department Rule No. 17. [6.]5. Hours of operation shall be limited to between 6:00 am and 6:00 pm daily. [7.]6. Prior to issuance of a Certificate of Occupancy for the proposed project, the applicant shall provide fire protection measures appropriate for the proposed use, meeting with the approval of the Fire Department. [8.]7. The method of solid waste disposal shall meet with the requirements of the Department of Environmental Management-Solid Waste Division. [9.]8. Any development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. [10.]9. All earthwork and grading activity shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawai‘i County Code. [11.]10. The warehouse operation shall comply with requirements of Hawaiʻi Administrative Rules (HAR) Chapter 11-50, Food Safety Code. [12.]11. 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 sink holes 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 State Historic Preservation Division at (808) 933-7651. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. [13.]12. The Applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. [14.]13. An initial extension of time for the performance of conditions within the permit may be granted by the Planning Director upon the following circumstances: A. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. -9- B. Granting of the time extension would not be contrary to the General Plan or Zoning Code. C. Granting of the time extension would not be contrary to the original reasons for the granting of the permit. D. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). [15. A monthly progress report shall be submitted to the Planning Director by the end of each month that shall include, but not be limited to, the extent to which the conditions of approval are being complied with. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required.] [16.]14. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate procedures to revoke the permit.