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HomeMy WebLinkAboutPD Recommendation (PL-SPP-2026-000128)1 RKonaAerialAmendSPP.6.15.2026 COUNTY OF HAWAIʻI PLANNING DEPARTMENT RECOMMENDATION KONA AERIAL GYMNASTIC TEAM INC. AMENDMENT TO SPECIAL PERMIT NO. 21-000227 (PL-SPP-2026-000128) Upon review of the request, the Planning Director recommends that the Planning Commission approve the requested amendment to Special Permit No. 21-000227 to allow for a 12-month time extension to Condition No. 6 (Secure and Finalize all Building Permits). 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 a 12-month time extension to Condition No. 6 (Secure and Finalize all Building Permits) of Special Permit No. 21-000227 which was issued to legitimize the operation of a youth gymnastics and sports fitness facility and related improvements on an approximately 2.3-acre portion of a larger 23.738-acre property in the State Land Use Agricultural District. The requested amendment will replace the existing 16-month deadline measured from receipt of Final Plan Approval with a new 12-month period measured from the date of the amended permit, excluding only documented periods of active governmental review. According to the applicant, the amendment is necessary to allow the applicant time to complete and finalize the building permit process to convert the structure from an agricultural warehouse structure to a youth gymnastics and sports fitness facility. In accordance with Condition No. 6 of Special Permit No. 21-000227, the applicant submitted plans for an as-built change of use building permit on January 17, 2024 (Building Permit Application No. PW.B2024-000239). Since then, the plans have been through multiple rounds of agency review, requiring revisions by the applicant, with the 7th re-submittal currently being reviewed by the relevant county and state agencies. The applicant attributes the multiple required revisions to the “iterative nature of multi-agency review, the scope of the -2- comments returned on successive cycles and the practical realities of coordinating revisions with structural, civil, wastewater, fire-protection and water supply consultants” and notes that the applicant has not “declined or deferred requested revisions, paused the process for any business-related reason, nor contributed to the delay through inaction.” Condition No. 6 excludes time the plans are under governmental review from its 16-month timeframe to secure and finalize all building permits. Based on a summary provided by the applicant and verified by the Planning Department, the applicant has used 471 days of the allowed 480 days (16 months) and therefore is seeking a time extension to comply with Condition No. 6. Granting of the amendment request would not be contrary to the General Plan, Community Development Plan or Zoning Code. The General Plan Land Use 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 site is located in an area identified as Urban Expansion (ue) on the LUPAG map, which allows for a mix of high density, medium density, low density, industrial, industrial-commercial and/or open designation in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined, and the youth gymnastics and sports fitness facility would continue to be consistent with this designation. The amendment request conforms to the following goals and policies of the General Plan: • Provide residents with opportunities to improve their quality of life through economic development that enhances the County’s natural and social environments. • Encourage the health/wellness industry. • Provide a wide variety of recreational opportunities for the residents and visitors of the County. -3- • Provide facilities and a broad recreational program for all age groups, with special considerations for the handicapped, the elderly and young children. • Coordinate recreational programs and facilities with governmental and private agencies and organizations. Innovative ideas for improving recreational facilities and opportunities shall be considered. Further, the request continues to conform with the following guiding principles of the Kona Community Development Plan (CDP): • The majority of future growth in Kona shall be directed to the Kona Urban Area shown on the Official Kona Land Use Map, which spans from the Kona International Airport to Keauhou subject to the policies set forth under Objective LU-2 Urban Area Growth Management. • Transit-Oriented Development (TOD): The development of compact mixed-use villages which would integrate housing, employment, shopping and recreation opportunities. Villages would be designed around transit stations/shops which would reduce the need for daily trips and financially support the expanded transit system. The subject parcel is located within the Puaʻa-Waʻiaha neighborhood village. According to the KCDP, neighborhood village core areas allow for small-scale commercial uses like the proposed gymnastics facility. Further the proposed use is aligned with the subject parcel’s designation as a part of the Neighborhood Village secondary area, intended to include uses that serve TOD residents, such as schools and community parks. • The Kona CDP includes plans for a future connector street, the 60-foot wide future Kakalina Road. The proposed access road will need to be aligned with this extension alignment. 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 -4- for the approval of Special Permit No. 21-000227 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. The property is not considered Prime agricultural land and is classified as “D” or Poor for agricultural productivity by the Land Study Bureau. The continued use will not adversely affect surrounding properties. The applicant has stated that they continue to operate strictly within the represented days and hours, in accordance with Condition No. 3 and within the approved permit area, in accordance with Condition Nos. 2 and 4. Since approval of the Special Permit in 2023, 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. County water is available at the property, wastewater disposal will comply with Department of Health requirements and no expansion of the use beyond what currently exists is proposed at this time. Although there were no objections from County or State agencies to granting the amendment request, DPW, Building Division, reported that the agricultural warehouse permit has not been finalized, the change of use building permit has not been issued, and enforcement matters CE2023-00003 and CE2021-26K remain open. The requested time extension will allow the applicant to address these concerns by finalizing the change of use building permit. 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. 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 not located in the Special Management Area and is approximately 1 mile from the nearest coastline. There is no record of any designated public access to the shoreline or -5- mountain areas traversing the property. 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 previous development 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 Ka ʻĀina” 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 July 6, 2021, determined that it is unlikely that historic properties remain intact within the project area as it has been impacted by previous ground-disturbing activities associated with development of the warehouse structure and gravel access roads and no historic properties with be affected for the current project. The valued cultural, historical, and natural resources found in the permit area:As mentioned above, SHPD determined that no historic properties would be affected and the property has been cleared and impacted by previous ground- disturbing activities. 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 valued cultural resources. However, according to comments provided by the United States Fish and Wildlife Service (USFWS), there is some concern regarding the effect of outdoor lighting on Hawaiian seabirds. The USFWS cited several recommended measures regarding outdoor lighting and construction timing to -6- minimize potential project impacts to seabirds. A condition of approval will be added to address the preceding. Feasible actions to protect native Hawaiian rights:The record contains no identified traditional and customary practices within the permit area. SHPD previously determined that no historic properties would be affected by the approved project. Because the amendment changes only a compliance deadline and authorizes no new land disturbance or expansion, it is not expected to create new effects on cultural or historic resources. Natural-resource concerns identified by USFWS will be addressed through a condition of approval. 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 12-month time extension to Condition No. 6 (Secure and Finalize all Building Permits). 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, its successor or assigns shall be responsible for complying with all stated conditions of approval. 2. The proposed youth gymnastics and sports fitness facility and related improvements shall be conducted in a manner that is substantially representative of plans and details contained within the Special Permit Application dated May 7, 2021, the Amendment Application dated May 5, 2026 and Additional Information dated June 23, 2026, any supplemental material, and the representations made before the Leeward Planning Commission. Any substantial expansion of the facility or uses beyond what is represented in [this]these documents shall require an amendment to this permit. -7- 3. As represented by the applicant, the youth gymnastics facility will operate Monday through Friday, 2:00PM to 7:30PM, and Saturday, 8:00AM to 3:00PM. The sports fitness facility will operate Monday through Friday, 6:00AM to 9:00PM, and Saturday, 10:00AM to 5:00PM. Summer programs will operate during school summer breaks (May through August) with gymnastics classes held Monday/Wednesday/Friday, 7:30AM to 3:30PM, and Tuesday/Thursday, 3:00PM to 7:00PM. 4. [Prior to issuance of Final Plan Approval, the applicant shall provide to the Planning Department a metes and bounds survey of the approximately 2.3-acre permit area in map and written form, on the subject property. ]At no time shall the activities permitted under this Special Permit take place outside of the [permit area]2.3-acre permit area identified by the metes and bounds survey submitted to the Planning Department, dated November 16, 2023. If Special Permit activities on the subject property exceed 15 acres, the Applicant shall go before the State Land Use Commission for approval. [5.] [Within six (6) months of the effective date of this permit, excepting time the plans are under government review, 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 proposed structures, fences, signage, water sources (potable and non-potable), wastewater systems, fire protection measures, paved driveway access and paved parking stalls, outdoor lighting (if any, lighting must be shielded with light directed downwards), landscaping and other improvements associated with the proposed development.] [6.]5. Building permits for all existing and proposed structures and improvements, including water tanks, septic system and buildings, to be used for the proposed use, shall be obtained and finalized within [16]12 months from the [issuance of Final Plan Approval]effective date of this amended permit, excepting time the plans are under government review. -8- The applicant shall submit a status report to the Planning Director detailing progress toward finalizing all building permits, within 6 months from the effective date of this amended permit. [7.]6. Prior to issuance of a Certificate of Occupancy, the applicant shall provide fire protection measures appropriate for the proposed use meeting with the approval of the Fire Department, including but not limited to water storage for firefighting purposes, water supply with sufficient fire flow rate, and providing fire department access roads with adequate turning radiuses to support the proposed development. [8.]7. All earthwork and grading activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawai‘i County Code. [9.]8. All driveway connections to Hualālai Road shall conform to Chapter 22, County Streets, of the Hawai‘i County Code. [10.]9. Within five (5) years from the effective date of [this]the original special permit, the applicant shall align the access driveway within the 60-foot wide future Kakalina Road extension alignment. This alignment shall be noted on all future plans submitted to the County and shall be kept clear of any permanent structures. [11.]10. Prior to issuance of Final Plan Approval, the applicant shall submit a drainage study prepared by a licensed engineer to the Department of Public Works prior to the issuance of a construction permit. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. [12.]11. Prior to commencing any work, the applicant shall comply with Chapter 27, Flood Control, of the Hawaiʻi County Code, which may include but not be limited to obtaining a “No-Rise Certification” or a Letter of Map Revision from FEMA for any work in Zone AE, including the placement of gravel for maintenance, no matter the volume of material being moved, and paving. -9- [13.]12. Prior to the issuance of Plan Approval, the applicant shall submit estimated wastewater generation calculations, prepared by a professional engineer licensed in the State of Hawaiʻi, for review and approval. The applicant shall additionally obtain approval from DOH for the existing septic system and any other individual wastewater systems that may be required. [14.]13. [Prior to issuance of a water commitment by the Department of Water Supply (DWS), the applicant(s) shall submit the anticipated maximum daily water usage calculations as prepared by a professional engineer licensed in the State of Hawai‘i to the DWS. A water commitment deposit shall be paid to the DWS within 180 days from the effective date of this permit in accordance with Rule 5 of the Department of Water Supply’s Rules and Regulations. ]The applicant(s) shall submit the anticipated maximum daily water usage calculations as prepared by a professional engineer licensed in the State of Hawai‘i to the Department of Water Supply (DWS). After review of the calculation, the DWS will determine the appropriate service lateral and meter size required for the proposed use, [which shall be installed]and any alterations or installations, if required, shall be completed by the applicant prior to issuance of a Certificate of Occupancy. [15.]14. 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 Department of Land and Natural Resources, State Historic Preservation Division (SHPD) 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. -10- 15. To avoid project impacts on seabirds, the Applicant shall comply with recommendations of the United States Fish and Wildlife Service, including 1) Fully shield all outdoor lights so the bulb can only be seen from below; 2) Install automatic motion sensor switches and controls on all outdoor lights or turn off lights when human activity is not occurring in the lighted area; 3) Avoid nighttime construction during the seabird fledging period, September 15 through December 15. 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. 16. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. 17. Should any of the conditions not be met or substantially complied with in a timely fashion, the permit is null and void.