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HomeMy WebLinkAboutPD Recommendation Report - Garrett Watts (PL-SPP-2025-000087)-1- RGarrettWattsSPP.ak.11.26.25 COUNTY OF HAWAIʻI PLANNING DEPARTMENT RECOMMENDATION GARRETT WATTS SPECIAL PERMIT APPLICATION NO. PL-SPP-2025-000087 Upon review of the request against the guidelines under Rule 6 of the Planning Commission Rules of Practice and Procedures for granting a Special Permit, the Planning Director is recommending that this request to allow for a home occupation to operate an orthopedic office within a proposed detached garage be approved by the Planning Commission. 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 a Special Permit to operate an orthopedic office within a proposed farm dwelling. The farm dwelling will be approximately 3,200 sq ft in size. The orthopedic office will be located within a 411-square foot portion of an approximately 1,000 sq ft proposed detached garage. The proposed operating hours will be Monday, Wednesday, Friday, and Saturday from 8:00 a.m. to 1:00 p.m. The applicant will be the only employee and plans to offer Cortisone injections (small volume), post-operative dressing changes, consultations, and minor follow-ups. The intended patient population is relatively healthy, ambulatory patients who have conditions of the hand and arm, such as arthritis, tendinitis, cysts, and neuropathies like carpal tunnel syndrome and intends to serve a maximum of 10 patients per day. The applicant is an orthopedic surgeon who has operated his own medical practice on the Continental U.S. for over 30 years. The applicant is proposing to bring much- needed orthopedic services to Hawaiʻi Island, so that patients will not have to travel off island for care. The applicant was planning to lease a properly zoned business space in Kailua-Kona but does not intend to practice full-time and intends to sunset the practice within ten years of receiving final approvals for his dwelling and receiving this permit. -2- The applicant proposes to construct a house, detached garage, and related improvements within 2 years. The estimated cost is roughly $500,000 which will cover the construction of the main farm dwelling, detached garage with orthopedic office, water supply upgrades (if needed), and wastewater system installation. The criteria for approving a Special Permit are based on Planning Commission Rule 6-7 which 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, Hawai‘i Revised Statutes, as amended. The proposed use is an unusual and reasonable use of land situated within the Agricultural District that would not be contrary to the effectiveness and objectives of Chapter 205, Hawai‘i Revised Statutes, as amended. In recognizing that lands within agricultural districts might not be best suited for agricultural activities and yet classified as such, and in recognition that certain types of uses might not be strictly agricultural in nature, yet reasonable in such districts, the legislature has provided for the Special Permit process to allow certain unusual and reasonable uses within the Agricultural district. According to Section 25-1-5 of the Zoning Code, a “home occupation” means any activity intended to provide income that is carried on within a dwelling, within an accessory structure to a dwelling, or on a portion of a building site used principally for dwelling purposes. A home occupation shall be permitted as incidental and subordinate to the use of a dwelling in any district in which a dwelling is located, provided that the home occupation does not change the character and external appearance of the dwelling. The proposed home occupation for an orthopedic office is unusual in that it is not strictly agricultural in nature. However, the use will occur entirely within the proposed farm dwelling, and approximately 85% of the 21.272-acre project parcel will remain undeveloped and dedicated as native forest via the approved Forest Management Plan. As a result, the project will not diminish the property’s limited agricultural potential or -3- interfere with its ongoing forest stewardship. Given these circumstances, the requested use is considered reasonable within the Agricultural District. 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). In considering the criteria, the Planning Director recommends the following: (A) Such use shall not be contrary to the objectives sought to be accomplished by the Land Use Law and Regulations. As evaluated above, the applicant’s request is considered an unusual and reasonable use of agricultural land that will not adversely affect the preservation of lands with high agricultural potential in the County of Hawaiʻi. Soils for this site are classified as Puna and Haplic Udarents soil, 10 to 20 percent slopes. This soil type is made from organic material over aʻa lava. It is considered well- drained, has a low to high runoff class, and is not considered prime farmland. The parcel is designated as “E” or “Very Poor” for agricultural productivity by the Land Study Bureau’s Detailed Land Classification System. The property is also considered “Other Lands” on the Agricultural Land by the Department of Agriculture’s ALISH Map. These soil characteristics and designations are not suitable for commercial agriculture; therefore, the use will not adversely affect the preservation and agricultural use of the County’s agricultural lands of high agricultural potential and is not contrary to the objectives sought to be accomplished by the State Land Use Law and Regulations. (B) The desired use shall not adversely affect the surrounding properties. Surrounding lands are zoned Agricultural-5 Acres (A-5a), Agricultural-20 Acres (A-20a), Agricultural-10 Acres (A-10a), and contain farm dwellings. The closest building is a dwelling approximately 648 feet to the southwest on a parcel across Hao Street. A counseling clinic is located approximately 10,000 feet to the northeast on a parcel within the Kaloko Mauka Subdivision which was approved by Special Permit number SPP 08- 000052. The orthopedic office will not adversely affect the surrounding properties because the business operations will be confined indoors with no external modifications or visible signage. The building’s minimum 100-foot setback from the roadways along with the -4- limited client visits help ensure that view planes, traffic, and noise levels will be minimal. This further ensures that the residential and rural ambiance of the area is preserved, and the neighbors are not disturbed by the business activities. Based on the preceding it is not anticipated that the proposed use will adversely affect the 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 parcel and permit area will be provided by a single paved driveway from the public roadway, Hao Street, which connects to Highway 180 approximately 1.8 miles to the east. Numerous concerns have been raised by the surrounding community in public testimony regarding access to the project site being taken from Hao Street, with community members requesting that access instead be taken from Kaloko Drive. However, the applicant responded with several reasons for not using Kaloko Drive. The applicant stated that access from Kaloko Drive would further damage the forest area and infringe upon his forest dedication; that the fast-moving traffic on Kaloko Drive would pose safety concerns for patients entering and exiting the project site; and that entry would be awkward due to a steep drop-off in terrain from the project area to Kaloko Drive. The Director has reviewed the community’s concerns as well as the applicant’s stated reasons to retain the existing Hao Street access and supports access being taken from Hao Street. Furthermore, the community has also voiced concerns regarding the intersection of Kaloko Drive and Highway 180. The Planning Department is aware of a planned project by the State of Hawaiʻi Department of Transportation to signalize the intersection and add turn lanes in either the spring or summer of 2026. Water is available from the Department of Water Supply. The dwelling and orthopedic clinic will be serviced by an Individual Wastewater System (IWS) approved by the Department of Health with sufficient capacity to support the proposed project. The property is located within Flood Zone X on FEMA’s Flood Insurance Rate Map (FIRM), indicating that it is outside the 500-year floodplain. Electrical service is available to the property. Police and medical services are provided from Kailua-Kona, -5- and the nearest fire services are located in the Makalei area. Based on the foregoing, the requested use is not anticipated to burden public agencies, as the area is already well served by existing utilities and public services. (D) Unusual conditions, trends, and needs have arisen since district boundaries and regulations were established. In the 1960’s and 1970’s, the State’s Agricultural District boundaries and regulations were established and subsequently amended pursuant to Hawaii Revised Statutes (HRS) Chapter 205. The State Land Use Commission was created in 1961, and interim regulations and temporary district boundaries became effective in 1962. Subsequently, the regulations and Land Use District Boundaries became effective in August of 1964. There is a consistent need for medical services on Hawaiʻi Island which serves the local community and does not require trips to neighbor islands. Although the property and surrounding areas are designated for agricultural uses by both State and County land use laws, through the issuance of a Special Permit, various “non-agricultural” services and uses may be allowed. Thus, the issuance of a Special Permit for the proposed “non- agricultural” use is appropriate. (E) The land upon which the proposed use is sought is unsuited for the uses permitted within the district. The property is situated on soil that is classified as “Other Lands” by the Department of Agriculture’s ALISH Map and is classified as “E” or “Very Poor” by the Land Study Bureau’s Soil Rating. The properties’ soil type is classified as Puna and Haplic Udarents soils, described as organic material over aʻa lava with 10 to 20 percent slopes; it is well drained with low runoff. Based on these criteria, the agricultural potential is very low. The proposed use will take place within a portion of the detached garage of the proposed dwelling and approximately 85% of the project parcel is enrolled in a Forest Stewardship dedication under an approved Forest Management Plan; therefore, the proposed home office use will not have a negative impact on the agricultural use of the property. (F) The proposed use will not substantially alter or change the essential character of the land and the present use. -6- The current character of the property and surrounding area is residential and agricultural with farm dwellings. A portion of the proposed farm dwelling will be used for the home office. As noted previously, since all the activities associated with the proposed use will take place within the proposed farm dwelling, the essential character of the land is not expected to change. (G) The request will not be contrary to the General Plan and official Community Development Plan and other documents such as Design Plans. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of 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 area is designated as Important Agricultural Lands by the LUPAG Map, which includes lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. However, due to the specific site soils, agricultural potential is very low. Given that the proposed use will occur within a proposed dwelling and the fact that approximately 85% of the property is dedicated as forest, it should not have any impact on the agricultural use of the surrounding land. The approval of the subject request would support the goals and policies of the Economic elements of the General Plan. Economic Element ▪ Provide residents with opportunities to improve their quality of life through economic development that enhances the County’s natural and social environments. ▪ Strive for diversity and stability in the economic system. ▪ Economic development and improvement shall be in balance with the physical, social, and cultural environments of the island of Hawaiʻi. -7- Based on the preceding, the proposed request is consistent with the Important Agricultural Lands LUPAG designation and Economic goals and policies of the General Plan. The subject property is situated within the Kona Community Development Plan (KCDP). The KCDP encourages a diverse and vibrant economy emphasizing agriculture and sustainable economies which include health focused industries. Based on the preceding, the request is consistent with the goals and objectives of the KCDP. The proposed use is not contrary to the objectives sought to be accomplished by Chapter 205A, Hawaiʻi Revised Statutes, relating to coastal zone management program. The subject property is located approximately 5.30 miles from the nearest shoreline, is not within the Special Management Area, and will not be impacted by coastal hazards and beach erosion. There are no known designated public access trails or pathways to the mountain or shoreline areas that traverse the property. In addition, the proposed farm dwelling will be setback over 100 feet from any roadway and is unlikely to create a visual impact or cause any obstruction to view planes in surrounding the area. As such, the proposed use will not adversely impact any recreational resources, including access to and along the shoreline, scenic and open space nor visual resources, coastal ecosystems, and marine and coastal resources. Therefore, the proposed use is not contrary to the objectives of Chapter 205A, Hawaiʻi Revised Statutes. 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 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 cultural, historical, and natural resources found in the Special Permit area: An archaeological field inspection of the development area and an additional seven-acre surrounding survey area was completed by ASM Affiliates on August 1, 2025, in accordance with SHPD’s request. The inspection included 100-percent pedestrian coverage with 10-meter transects and confirmed that no historic properties or -8- archaeological features are present within or adjacent to the proposed project area. No terraces, enclosures, mounds, alignments, lava tubes, or other cultural features commonly associated with the Kona upland agricultural system were identified. Evidence of prior mechanical disturbance—including grubbing, dozed access paths, and boulder push piles—was noted across portions of the parcel. Due to the thin soils over ʻaʻā bedrock and the site’s elevation, the potential for subsurface cultural deposits is considered very low. ASM therefore recommended an effect determination of “no historic properties affected,” which SHPD concurred with in its August 29, 2025 letter reviewing the applicant’s archaeological field inspection. Cultural resource review similarly indicates that no traditional or customary practices are known to occur on the parcel. A former informal footpath once used by the public is not recognized by Nā Ala Hele, is not considered a traditional trail, and no longer connects to any active access route; formal public access to the Makāula-ʻŌʻoma Trail is located more than 3,500 feet away at Makahi Street. The applicant has not observed gathering, cultural use, or public access across the property. Based on the archaeological findings and cultural context, the proposed development is not expected to affect historic properties, valued cultural resources, or customary Native Hawaiian practices. Standard inadvertent discovery protocols will be followed should any cultural materials be encountered. Possible adverse effect or impairment of valued resources: Although the property contains some valued floral resources, such as māmaki trees, the proposed development will not adversely affect them. All activities will occur within the proposed dwelling, and the project footprint does not encroach upon areas where these resources are located. As a result, no significant adverse impacts or impairments to valued resources are anticipated from the proposed development. Feasible actions to protect native Hawaiian rights: As stated by the applicant, it is not known whether the subject site or surrounding area has been used for traditional and customary Native Hawaiian practices. However, should documented claims of access or -9- gathering be made for this site, the applicant will honor them, thereby protecting Native Hawaiian rights. According to the applicant, the subject property includes approximately 21.272 acres of land located in the Kaloko Mauka area of North Kona, of which approximately 85% is enrolled in a Forest Stewardship dedication under an approved Forest Management Plan. This plan was professionally prepared and outlines conservation practices to manage and protect the native forest resources on the property. Native vegetation observed on the site includes ʻōhiʻa (Metrosideros polymorpha), koa (Acacia koa), hāpuʻu (Cibotium glaucum), and other native understory species. Invasive plants such as strawberry guava and kahili ginger are also present and are subject to ongoing control efforts. Faunal resources indentified within or near the proeprty in clude common native forest birds such as the ʻAmakihi (Chlorodrepanis virens), ʻApapane (Himatione sanuinea), and the Hawaiian Hawk (Buteo solitarius), which is a state-listed species. The applicant has acknowledged the potential seasonal presence of the Hawaiian Hoary Bat (Lasiurus cinereus semotus), and has committed to mitigation measures, including avoiding tree trimming during sensitive periods and conducting pre-activity surveys when necessary. Other species observed include the Kamehameha butterfly (Vanessa tameamea) and non-native animals such as feral pigs and rats. The proposed home occupation will be developed on a 0.70-acre portion of the property outside the forest dedication area. The site has been previously cleared and does not contain mature native forest. Site planning was completed to avoid impacts to significant native trees and sensitive habitats. Best management practices will be implemented to prevent the introduction or spread of pests and pathogens, such as Rapid ʻŌhiʻa Death (ROD), including tool sanitation and onsite monitoring. Based on the scope of the proposed project, the location of the development, and the existing forest management framework, the proposed use is not anticipated to result in -10- adverse impacts to floral or faunal resources on the property. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permit, 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 the affected agencies. Based on the preceding findings, the Planning Director recommends that the request to establish and operate a home occupation within a portion of the proposed farm dwelling be approved. Approval of this request is subject to the following conditions: 1. The Applicant shall be responsible for complying with all stated conditions of approval. 2. The operation of the home occupation shall be conducted in a manner that is substantially representative of plans and details contained within the Special Permit application dated February 10, 2025, addendum dated November 18, 2025, and representations made to the Leeward Planning Commission. 3. The life of this permit shall not exceed twelve (12) years from the effective date of this permit or when the Applicant discontinues operation, whichever is sooner. 4. The Applicant shall comply with Section 25-4-13 of the Zoning Code (Chapter 25), County of Hawaiʻi related to Home Occupations and no Home Occupation shall commence prior to receiving final inspection for the dwelling. 5. No exterior signs, symbols, displays or advertisements relating to the home occupation shall be displayed, nor shall any interior signs be visible from the public view in accordance with Section 25-4-13 of the Zoning Code (Chapter 25). -11- 6. The hours of operation for the business shall be limited from 8:00 AM to 1:00 PM Monday, Wednesday, Friday, and Saturday. 7. All development-generated runoff shall be disposed of on-site and not directed toward any adjacent properties. 8. All earthwork and grading activity shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawai‘i County Code. 9. Should any state or federally listed or endangered species be found on the subject property, the Applicant shall comply with all applicable requirements of Department of Land and Natural Resources- Division of Forestry and Wildlife and/or the United States Fish and Wildlife Service. 10. 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. 11. The Applicant shall comply with all applicable County, State and Federal laws, rules, regulations, and requirements in connection with the approved use. 12. Should any of these conditions not be met, the Planning Director may initiate procedures to revoke this Special Permit.