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HomeMy WebLinkAboutSPP 12-143 Paradise HelicoptersMOOERS ENTERPRISES, LLC Land Use Alternatives October 293 2012 Ms. Leithead Todd Director Planning Department County of Hawaii 101 Pauahi Street, Suite3 Hilo, Hawaii 96720 Rel: Special Permit Application Applicant-, Paradise Helicopters 0.'. G D il R RT 1i,41 �()st Office Box I 101 kamuela, Hawaii 96743 Phone (808) 880-1455 ,7 n 017 T 9 AM 8Fax (808) 880-1456 L gniooers Ca. haw ansr.com Requests. Helicopter Landing Area in the Agricultural District Tax Map Key: 1-1-114:022 Hawaii Royal Gardens Subdivision, Puna, Hawau Dear Ms. Leithead Todd: Previously, on September 12, 2001, 1 submitted the application identified above for your review. You responded on September 19, 2011 and ask that we submit an Environmental Assessment (EA) for the proposed action. Since that time an EA was prepared and a FONSI was issued and it was published in the OEQC Bulletin. In addition to this procedural step, during the period since the application was submitted the site was covered by lava, which has now cooled. The applicant's plans have not changed. They still propose to follow existing flight patterns and visit the site as part of their tour. They propose to construct the landing platform in the same area of the subject property. Visitors will be able to view the lava fields and ocean vistas from the site before re-boarding the helicopter and continuing with the aerial tour of the volcano area. We ask that you now forward this application, along with the Final Environmental Assessment to the Planning Commission to consider this permit application. Should you or your staff require any additional information, please contact me directly. Thank you for your prompt review of this application. Sincerely, Gregory R. Mooers President GRM-J Jy X81795 SPECIAL PERMIT APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or Print the requested information) APPLICANT Rob Pavesko. Director of Business DeyeloomenL Paradise 14eii I APPLICANT'S SIGNATURE: DATE; 'e jeowl ADDRESS: P.O. Box 5371 Kailua-Kona. Hawaii 96745 LIST APPLICANT'S INTEREST IF NOT OWNER: Director of Business Development, Paradise Helicopters TELEPHONE: (Bus.) 329-6601 _(Home) (Fax) 329-6602 REQUEST: Helicopter landing area m* the agdcultw-al district TAX MAP KEY: 1-114-.022 ZONING: —A-)a AREA OF PROPERTY/AREA OF REQLJESTED USE 1.003 acres 1225 s.f, LANDOWNER: Jackie Ray Thompson LANDOWNER'S SIGNATURE: DATE: (May be by letter) LANDOWNER'S ADDRESS: P.O. Box 1624 Pahoa, Hawaii 96778 AGENT: Gregory &.Mooers ADDRESS: — Mooers Entgrpn rises LLC P.O. Box 1101 Kamuelp, Hawaii 36__ 743 TELEPHONE: (Bus.) 880-1455 _(Home) 880-1454 —(Fax) 880-1456 Please indicate to whom original correspondence and copies should be sent to: ORIGINAL Gregory Mooers COPIES: Rob Pavesko , i F� R . � R k ._ - r..�r��_ «� � ..�.r..�.�...rwrwr,.�•�_..., -.r �...�.r +r i_.. i.�..+r _rw.r +. arr .+.�..�.r.r.r_......r�..�.�.. r. w� � a �w..r. ..w ��.r � � _ -. i ,1 7 1 _ n... -__.ww • w• .,.�. ... ..r _y_���.�_ _�r..Fw.!_+rwF�� �w r� ....�. w_wrr rw� -►.r .rw_ �r -- r. �. .... rwn.w•.f _-- ..�+ w- �_.��....w .__. �. �r�._ � ••� +_ rrr �• ..f _. rrr.�y+.r.k +w r_.r wrw=rra.�r�..�r ....- r�tr_.+R.r,..r.wrr��W w -�..�. �i _rw - w_w t«...rr _w m.rw�r.r -�._r r +nr• -_.. 1 5 i i R r a 1 k 1 ! +iy } �4 1 k 1 e i �1j +F l �rs 14! 1� S k Z ! i ! s i I Paradise Helicopters Special Permit Application SPECIAL PERMIT APPLICATION Applicant: Paradise Helicopters Request: Helicopter Landing Area in the Agricultural District Tax Map Key: 1-1-114:,022 Royal Gardens Subdivision, Puna, Hawaii INTRODUCTION The owner of the subject property, TMK: (3) 1- 1- 114:022, is Jackie Ray Thompson. The applicant is Rob Payesko, Director of Business Development for Paradise Helicopters. The subject property, a 1.003 acre parcel, is located on the north side of Plurneria Street in the Royal Gardens subdivision, a large subdivision of one -acre lots in the Puna District. The subdivision has been inundated by lava flows from Kilauea and is, for the most part, uninhabited. Mr. Thompson's home is the only occupied home within two miles in any direction. The steep terrain of the kipuka in which Mr. Thompson's house is located is surrounded by lava and offers views of the coastline below. Coupled with the usually sunny and breezy weather, the site offers a scenic experience for visitors. Paradise Helicopters has used the subject property as a landing area in the past, but was notified by Hawaii County Civil Defense that a Special Permit is required for such a use to continue. The use of the subject property as a landing area has been discontinued until this matter is considered by the Hawaii County windward Planning Commission. Principals from Paradise Helicopters and their agents met with the Planning Director and members of her staff in March, 2011, to review the proposed use and to clarify procedural matters. Dr. Ron Terry, Geometrician Associates, LLC, has conducted a site visit and prepared an environmental review. His observations and conclusions are included in this application. 1 J 1 Paradise Helicopters Special Permit Application Paradise Helicopters would like to resume landings on the subject property as part of their volcano tours. The landing area provides the visitors with an up close look at the stark contrast of the lava inundation in an area of tropical beauty with scenic vistas of the ocean. NATURE of THE E_ . ,EST Paradise Helicopters, who has been in business in Hawaii for 9 -years on Oahu and Hawaii Island, is requesting a Special Permit to allow helicopter landings on a one -acre parcel in the Royal Gardens subdivision. The applicant has over thirty employees and a clean safety record with no major incidents. The applicants would like to land daily at the site between 9:00am and 5:00pm, there will be no night flights. They anticipate up to four flights per day with four to six passengers and one pilot on each flight. The normal flight pattern, which may vary with weather and eruption activity, is from the Hilo airport to the Pu`u G`o vent, to the subject property and then returning to the Hilo airport. The applicant anticipates that they will be on the ground for thirty minutes each trip to allow the visitors an opportunity to view the lava, flora and natural terrain up close. There will be no fueling facilities, fire fighting equipment, lighting, retail operations or restroorn facilities on the subject parcel. The improvements will consist of a 15' x 15' landing platform only. COUNTY AND STATE PLANS State Land Use Designation: nation: The State Land Use District classification is "Agricultural ". General plan Land Use Pattern. Allocation wide 1VIap: ���.�wn ��rrrr�rri.�rrrr..ww r�rr�r The General Plan Land Use Pattern Allocation guide map designates this area as "extensive agriculture ". J J2 r Paradise Helicopters special Permit application County Zoning: ' The County zoning for the subject area is Agriculture 1 -acre (A -1 a). Community Development Plan: The Puna Community Development Plan does not speak directly to land uses in this area. Issues related to vistas and helicopter noise are discussed later in this application. Special Management Area The subject area is not located within the Special Management Area of the County of Hawaii. DESCRIPTION OF PROPERTY AND SURROUNDING AREAS Sub `ect Property The subject property is a 1.003 -acre parcel located on the north side of Plumeria Street in the Royal Gardens Subdivision. The property is utilized for Mr. Thompson's single - family residence, water catchment tangy and landscaping. ,Tp "o raphy and Rainfall The topography of the property which is located approximately 900 feet above sea level, is sloping upward to the north. The annual rainfall is between 60" and 80 ". Land Study Bureau Soil Rating The Land Study Bureau's Overall Master Productivity Rating system classifies the soils as "D'' or Poor. The U.S. SN at oral Resources Conservation Service classifies the area as rLv (rough lava, `a` a), and soil has not had time to form. ALISH Ma The parcel is not classified according to the State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map. 3 r r w y � L LL 464 vo� 00 F T-1 40 l � i � d �a �1 �! u a" g �r� 6 a Paradise Helicopters Special Permit Application Am E 0 0 1 '�.�. C fl LL �.s ry 'r r w y � L LL 464 vo� 00 F T-1 40 l � i � d �a �1 �! u a" g �r� 6 a 1 1 0 E 0 Cn �s C 0 s tl� 0 CL 0 CL c a 0 a� �r L+ D CD Cn A, 3laed IeUOIWN 0 rn Paradise Helicopters Special Permit Al a. CO 0 CL CO l COO--- �n V � 0 � I CL �. a "o� _v 0 M CIO M CD N M Z Sam a cn 0 ._ ¢ CO c 0 , C. � . 0 CD N c� 0 CD CO a. I �, M3. EN Ca [L X0A 118MBH CO 0') S 7plication CV C4.� X 1 .r. .0 rx M4 x 0 LM CL is • 0 4] Cn va 0 C N Cu 0. LT °0 (v r 8 0 1 1 Cn U CO T3 � 0 x u. LU Ca w 0 0 0 r s 0° a. 0- a 76 CO CO M �-W r. aD 0� E� c� 2 a° "0 0 a� 0.0 CU � _v r �Cc CD M 02 Cn �— .LD 0 Cu CO c A� E.0 00 Cj)0 L U 0 1:30 cL w N � 00 u) 0 C o �� a� I I I I I I I ---I 401� I I I is C 44- k 16 A A. JEW X. Paradise Helicopters Special Permit Application wa dkL • is IN 4 IL ti a 44 its No- -eat # 46 lb I I 1 4 3W At %I Wilk Ob- Ao t wo xW .40* JL tow A6 4s 4A X qp V 11 4% f 0 49 IF Ik 0 Aerial View of Subject Property Flood Insurance Rate May (FIRM) Desi2nation According to the Flood Insurance Rate Map (FIRM) prepared by the U.S. Army Corp of Engineers, the site is determined to be in Zone "X" (outside the 500-year flood plain and of relatively low hazard from the principal source of flood in the area, although local sources can still cause flooding). Due to the highly porous lava surface, no local drainage problems are present. Hazards The United States Department of the Interior/ Geologic Survey designates this area on a descending scale of risk I to 9 as Zone 2. Lava Zone 2 is described as having 15-25 percent covered by lava since 1800 and 25-75 percent covered in the last 750 years. 0 Paradise Helicopters Special Permit Application In terms of seismic risk, the entire Island of Hawaii is rated Zone 4, Seismic Probability Rating (Uniform Building Code, Appendix Chapter 25, Section 2518). Zone 4 areas are at risk from major earthquake damage, especially to poorly-designed or -built structures. Surrounding Lands All lands within the Royal Gardens Subdivision surrounding the subject property to the north, south and east are zoned Agricultural 1 -acre. These lands are vacant or used for single-family residences. The Hawaii Volcanoes National Park, which is in the State Conservation District is adjacent and to the west of the subject property. Please see the vicinity map. Flora, Fauna and Archaeology Resources Flora The vegetation of the general Royal Gardens site can best be classified as a kipuka of `Ohi'a Lowland Mesic Forest (Gagne and Cuddihy 1990). It consists of an open canopy of sparse native forest dominated by 'ohi'a trees (Metrosideros polymorpha) between 10 and 30 feet high, with some larger 'Individuals. A biological reconnaissance of the area in July 2011 *Indicated that, like many mesic forests, it is diverse, with a variety of native shrubs including alahe "e (Psydrax odoratum), 'akia (Wikstroemia sp.), 'ulei (Osteorneles anthyllidifolia), "a "ali i i (Dodonea viscosa), and pukiawe (Leptecopliylla tameiameiae), as well as several species of native ferns, sedges and vines. This forest has been overrun by lava flows over the course of several decades and has been greatly reduced in size. The integrity of the forest has been compromised by subdivision into roughly one acre lots, with homes on some of the properties and roads throughout. As a result, it is highly invaded in most areas by the region's dominant invasive species as well as other non- natives, including most notably guava (Psidium guajava), Christmas berry ('cbinus terebinthifolius), butterfly bush (Buddleia asiatica), Desmodium spp., white shrimp plant (Justicia betonica), Melochia umbellata, and lantana (Lantana camara). A wide variety of non-invasive non-native plants that were brought in for food or ornamental purposes are also present. No streams, lakes or wetlands are present or would be affected in any way by the project. 7 Paradise Helicopters Special Permit Application While the area contains native floral, no resources requiring special protection are present. No threatened or endangered plant species listed by the U.S. Fish and Wildlife Service were present (USFwS 2011). As the project site itself consists of a portion of Mr. Thompson's mostly landscaped property and the roadways in front of it, where visitors walk during their brief visit, there would be no direct 'Impact to rare vegetation. Although helicopters can be vectors for seeds or other parts of invasive plants, the already highly disturbed character of the area means that such impacts will likely not be significant. An important neighboring land use is Hawaii Volcanoes National Park, located directly adjacent. Lava has overrun most of this area. Native species as well as non-native species from Royal Gardens are slowly colonizing this area. The periodic landing of the tour helicopter would not be expected to have adverse impacts to the flora here. Fauna An early morning visit to the site detected only a few species of common non-native birds, with most individuals being Japanese White-eyes (Zosterops japonicus). Few endangered or otherwise rare bird species would be expected in this area because at 1, 100 feet it is too low for Hawaii's endangered forest birds. Several native birds are known to use area at least occasionally, including the Hawai'i 'Amakihi (Hemignathus virens virens) and the 'Apapane (Himatione sanguinea). Although the endangered Hawaiian Hawk (Buteo solitarlus) was not observed in the project area, it undoubtedly forages in the general area, as it is commonly seen throughout forested areas of Puna. The vegetation in Royal Gardens includes some "ohla trees as tall as 40 feet that could possibly be suitable for hawk nesting. The endangered Hawaiian Hoary Bats (Lasiurus ossi cinereus semotus) is often found in alien as well as native vegetation in a variety of locations throughout the island of Hawaii. These solitary bats are widely scattered and roost almost undetected in tall shrubs and trees. They have been observed in many areas of Puna and should be presumed to be present at least occasionally and to roost perhaps somewhere in Royal Gardens. Although no endangered Hawaiian Petrels (Pterodroma sandwichensis) or threatened Newell's Shearwaters (Puffinus auricularls newelli) would 8 Paradise Helicopters Special Permit Application be likely to nest in the area and none were observed, they may overfly the site on their way to colonies on the mountains. Noise from the rotor wash of a helicopter can distract birds and induce them to leave an area, which can interrupt life -cycle activities and modify behavior. However, birds tend ^� to avoid the disturbance and then return to normal after the helicopter leaves. If disturbance is frequent, birds will come somewhat habituated to frequent noise (Whittaker and Knight 1998). In general, because the noise will be intermittent and will last only about 5 minutes during takeoff and landing, the effects will be very limited. Another potential impact associated with helicopters is bird collisions, which can injure or kill birds and even harm aircraft. The U.S. Army has maintained a long record of AM helicopter operations in Hawaii and has only recorded one documented helicopter strike of a bird since 2002 (U.S. Army 2011). Given the general lack of native birds in the area and the relatively infrequent planned landing schedule, impacts to native birds from helicopters are unlikely. The landings will tape place in the day and interactions with Hawaiian hoary bats, which would be very likely to avoid the helicopter anyway, would not occur. An archaeological study was not conducted. However, due to the development of the subdivision with streets and the single - family residence on the site, significant surface archaeological sites are not anticipated to be located on the Special Permit area or the balance of the subj ect property. S HPD has been asked to issue a "no- effect" letter. Cultural resources: According to the owner who resides on the subject property, no valued cultural, historical or natural resources exist on the subject property and no gathering is taking place. To the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action, will not affect traditional Hawaiian rights, therefore no action is necessary to protect those rights. 9 Paradise Helicopters Special Permit Application PUBLIC SERVICES AND FACILITIES Roads While the site is surrounded by the subdivision roadway system, access to the subdivision has been blocked by recent eruptions. No roadway access is required for the proposed use. 0 DMMII.kIM&% A 'W%A%A%'nJn There are no trails in the affected area of Royal Gardens identified on maps or in the General Plan or Puna Community Development Plan. There would be no effect on public access to and along the shoreline or to mountain areas. Hawaii Volcanoes National Park is adjacent, and access to and within the Park is controlled by the National Park Service. Visitors to Mr. Thompson"s house remain on the ground only a brief time and occupy themselves with visiting his landscaped yard and walking on the road to observe the steep terrain and adjacent lava. For those who care to venture briefly onto the lava, access on the Park side is difficult because of heavy brush but possible on the north side of the property, away from the Park. Unauthorized pedestrian visitation of the Park has not been and would not be an issue. Water The single-family residence on the site is serviced by a catchment system. Water is not required for the proposed landing area. Bottled water is available for the visitors at the IP airport in Hilo and there is no requirement for water use on the site for this special permit. Police and Fire Services Police and Fire services are available at the 0 Police and Fire Stations approximately 12 miles northeast of the subject property. However given the remoteness of the site and inaccessibility via roadways, no fire or police service can be provided. It is not anticipated these services are available or needed for the proposed use. 10 Paradise Helicopters Special Permit Application Wastewater Disposal There is no public sewer in this rural area. while the single - family residence is served by an individual wastewater treatment system, there will be no restroorn facilities offered to the helicopter crew or passengers. Utility Services The proposed use of this area as a landing site requires no utilities. J�, IF'ICATIONS FOR REQUESTS Land Use Obiectives The State Land Use Law and Regulations are intended to preserve, protect, and encourage the development of lands in the State for those uses which they are best suited in the interest of public health and welfare. In recognizing that lands within the 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 is such districts, the legislature has provided for the Special Permit process to allow certain unusual and reasonable uses within the Agricultural District. In this situation, the subject site does not have soil characteristics that are considered important from an agricultural resources perspective. The remoteness and inaccessibility n makes the site infeasible for agricultural purposes. Surrounding agricultural uses will not be affected by the proposed use of this 1.003 acre lot. As such, the proposed use would F not be detrimental to the agricultural resources of the County of Hawaii or the State of Hawaii. Therefore, the removal of a small portion of a 1.003 acre agriculturally zoned property for occasional helicopter landings, on the subject property will not deplete nor diminish the County of Hawaii's agricultural resources. 11 Paradise Helicopters Special Permit Application In addition, the loss of this amount of agricultural land, which is isolated from roadway access, will not obviate or be in conflict with the agricultural goals and policies of the {General Plan nor remove any active or potentially active agricultural lands from the County's agricultural land inventory. Impacts to Surrounding Area and Character The desired use would not adversely affect surrounding property. The area is abandoned because of lava inundation to the subdivision and roadway access points. There are no other residences within 2 -miles of the subject property. Should the eruption activity cease in the future and subdivision roadways are cleared so that residents could again inhabit this subdivision, the Planning Commission could reconsider the impacts of this activity on this parcel. The nature of the proposed use is such that no vehicular traffic will be generated. Burdens-U12oPublic gEn,cies The use would not unreasonably burden public agencies to provide reads and streets, sewers, water, drainage, school improvements, police or fire protection. Water is provided to the site by rainfall and the use of catchment for the residence. No water service is required or requested for the Special Permit operation. No utilities are required for the helicopter landing area. No sewer or drainage improvements are required by the proposed use. The area is not affected by drainageways or flood plains as designated on the Flood Insurance Rate Map (FIRM), which is administered by the Department of Public works. No vehicular traffic is associated with the proposed use. There will be no increase in population that would impact school services or operations. The proposed use will not generate the need for additional police, fire or other public agency services. 12 Paradise Helicopters special Permit Application Unusual Conditions Trends and Needs Unusual conditions, trends, and needs have occurred since the district boundaries and regulations were established. While the subject property is located within the agricultural district, the site has been isolated by volcanic eruptions that have inundated the subdivision and blocked traditional vehicular access to the site. Unusual conditions have arisen in this particular area of Puna. with the eruption of Pu` u O'o there is an opportunity for tourism that did not previously exist. The applicants recognize there are unique opportunities presented by this volcanic activity. This area can help sustain tourism in Puna which can benefit this local helicopter company. This use was not anticipated at the time the property was placed in the Agricultural District. Suitability of Proposed Use The land upon which the proposed use is sought is unsuited for the uses permitted within the district. The isolation of the area caused by the lava inundation prevents traditional access to the site and limits its potential for traditional agricultural activities. The proposed use provides the landowner with a reasonable method of access to his property that previously did not exist. Alteration or chanaing the essential character The proposed use will not substantially alter or change the essential character of the land and the present use. The land has been, and will continue to be used for residential purposes and a rural life style. The use of a 15' x 15' area for a helicopter landing area will not alter the land or its basic function and use. Should the eruption stop and the subdivision is provided access � 13 J Paradise Helicopters Special Permit Application the landing platform can be removed with no permanent impact to the agricultural potential of the site or surrounding area. Relationship to County and State Plans The request will not be contrary to the General Plan and official Community Development Plan and other documents such as Design Plans. The County General Plan ECONOMIC and AGRICULTURAL element, goals and polices state the following: ECONOMIC GOALS • Provide residents with opportunities to improve their quality of life. • Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. • The County of Hawaii shall strive for diversity and stability in its economic system. • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. POLICIES • The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. • The County of Hawaii shall strive for diversification of its economy by strengthening existing 'Industries and attracting new endeavors. Applicant's Response: The proposed uses provide an economic opportunity for the owner of this agricultural land. In addition it provides opportunities for the owners of the helicopter company to support the tourism activities associated with the volcanic eruption in East Hawaii. While others in this subdivision have had to abandon their properties, this owner has a 14 Paradise Helicopters Special Permit Application unique opportunity to benefit from being one of the few remaining areas where visitors can witness the power and creation of volcanic activity. Viewplanes and Scenic Resources The steep terrain of the kipuka in which Mr. Thompson's house is situated, surrounded by lava and offering views of the coastline below, coupled with the usually sunny and breezy weather, offers a scenic experience for visitors. The site is somewhat difficult to see from commonly accessible public viewpoints because of its distance from roads. Royal Gardens is not cited as an example of natural beauty within the Puna District in the General Plan, and the Puna Community Development Plan does not identify any scenic resources in the area. The General Plan does contain in Section 7 on Natural Beauty the ROLM% V- A following goals and policies*. 7.2 GOALS (a) Protect, preserve and enhance the quality of areas endowed with natural beauty, including the quality of coastal scenic resources. (b) Protect scenic vistas and view planes from becoming obstructed. (c) Maximize opportunities for present and future generations to appreciate and enjoy natural and scenic beauty. 7.3 POLICIES (h) Protect the views of areas endowed with natural beauty by carefully considering the effects of proposed construction during all land use reviews. (i) Do not allow incompatible construction in areas of natural beauty. 7.5.1 Puna Along the coast of Puna district the black sand beaches and tidal ponds are noted features of natural beauty. The inland areas of Puna are lava land. Major areas of natura. l beauty are the 1960 Kapoho and the Pu'u O'o volcanic regions. The region is significant in that it represents the force of nature in altering the landscape feature into a cone and desolate field of lava. 15 I I Paradise Helicopters Special Permit Application The Puna Community Development Plan contains the following statement in Section 2 on Historic, Cultural and Scenic Resources: c. Areas of scenic and cultural interest are accessible to the public in a manner that does not detract from their aesthetic, natural and cultural value. Applicant's Response: The sights offered to the visitors through landing at Mr. Thompson's home are unique. No adverse scenic effects would occur, and the goals related to natural beauty in the General Plan or Puna Community Development Plan would not be violated. Helicopter Noise Setting Mr. Thompson's home is situated in Royal Gardens, adjacent to Hawal*'i Volcanoes National Park (HVNP or the Park). Due to the lava disaster, he has the only occupied home within two miles in any direction. As shown in the attached figure, this area experiences substantial helicopter and fixed wing tour traffic associated with lava viewing, in an areas termed by the Park the Pu'u O'o Concentrated Flight Zone. Currently there are around 18,000 flights annually allowed under the annual tour aircraft authorization known as an 'Interim operating authority (IOA), which allows for as many as 28,441 from 11 helicopter and 4 fixed wing operators. The IOA specifies various routes throughout the park that seek to avoid areas where most on-ground Park visitors are present. Nevertheless, during peak periods, the Park experiences up to 60 flights per day, and flights tend to circle multiple times at viewing areas and fly above neighboring communities. Over the years since the Kilauea East Rift eruption began in 1983, air tours of the area have gradually 'increased. Residents of the South Hilo and Puna Districts along with officials from HVNP have expressed concern with the 'Impacts of helicopter noise on the area on natural and cultural resources, HVNP and other recreational visitor experiences, and the peace and quiet of residents. 16 Paradise Helicopters Special Permit Application In response to a growing number of air tours over national parks across the country, Congress passed the National Parks Air Tour Management Act (NPATMA) of 2000, which directs the Federal Aviation Administration and the National Park Service to cooperatively develop Air Tour Management Plans (ATMPs), including one for HVNP, which is currently in preparation. The objective of the plan is to develop acceptable and effective measures to mitigate or prevent the significant adverse impacts of commercial air tour operations upon the natural and cultural resources and visitor experiences. Commercial air tour operations are defined as any flight conducted for compensation or hire in a powered aircraft, where a purpose of the flight is sightseeing over a national parr or within �/2 -mile outside the boundary of any national park, during which the aircraft flies below 5,000 feet above ground level (AGL). Public meetings held in three locations in East Hawaii were attended by several dozen people total who voiced a number of specific concerns, although the substantial economic and employment contribution of the tour industry has also been recognized by some. r r Most of the problems stem from the routes helicopters must use to visit the eruption and ocean entry areas. Suggestions have ranged from banning air tours altogether, to f modifying the routes and adding mitigation, to allowing the status quo. Some residents prefer routes near the ocean, while others want helicopters restricted to unpopulated areas. Some want prescribed and unfixed routes and others would life variation to avoid having a few residents carry all the burden of helicopter noise. HvNP has developed four draft alternatives for the ATMP that have the following elements: • Maximum and minimum altitudes • Caps on numbers of overflights • weather routes • +Competitive bidding — must bid if set caps on numbers Quiet Technology • Curfews 17 Paradise Helicopters Special Permit Application • Reporting requirements for fee payments * Adaptive Management • Pilot Education In terms of schedule, 2011 will be occupied with the public review of draft alternatives (accomplished) and revision of these draft alternatives (in process). An impacts analysis to be conducted in 2012 will be included in a Draft EIS. In addition to the ATMP, this application has reviewed the General Plan and Puna Community Development Plan (PCDP) for references to noise. In Section 4, Environmental Quality, the General Plan states that: "Loud noises are known to have adverse physiological and psychological effects on people. Noise that is loud or out of character, especially from low flying aircraft, is critically disturbing to residents." Both the General Plan and the PCDP are silent on the issue of helicopters per se, but the General Plan notes in Environmental Standards 4.4(a) in a reference to pollution that may be broadly construed to include noise pollution that : "Pollution shall be prevented, abated, and controlled at levels that will protect and preserve the public health and well being, through the enforcement of appropriate Federal, State and County standards." IIn the PCDP, it is stated in Goal 2. 1. 1 m related to Historic, Cultural and Scenic resources, that: "Tourism in Puna is compatible with historic and natural resources and not intrusive into the area's communities." 18 E Paradise Helicopters Special Permit Application IApplicant's Response: A helicopter stop at Mr. Thompson's home, if permitted by the Commission, would be part of an overall volcano tour with a route that does not differ substantially from any other eruption tour. The only differences involve jogs into Royal Gardens using flight paths that do not affect any additional residences. Paradise Helicopters has stated that it makes every attempt to "fly friendly" and avoid undue impacts to Park visitors, residents, or on-ground resources. Recognizing that the only way to avoid 'impacts altogether is to cease operations, there are still a number of practices that mitigate impacts, including observing minimum altitudes and flying as appropriate and reasonable over unpopulated areas and/or urban areas with existing high Ilevels of noise. In the future, the number, type, routes and hours of operations of tour helicopters visiting the Kilauea East Rift eruption area will be dictated by the final alternative decided upon in the ATMP, which should be completed within the next two years. Some alternatives would prevent use of this airspace by tour helicopters and the tour would not be permissible. Others would allow it, in some cases with route modifications, pilot/visitor education, quieter aircraft, and/or other modifications. Hawaii State Plan The Hawaii State Plan, Chapter 226, HRS, Section 226-6 (Objectives and policies for the economy - in general state "Planning for the State's economy in general shall be directed toward achievement of the following objective": • Increased and diversified employment opportunities to achieve full employment, increased income and job choice, and improved living standards for Hawaii's people. • A steadily growing and diversified economic base that is not overly dependent on a few industries. 19 Paradise Helicopters Special Permit Application The proposed request is a concept that implements the Hawaii State Plan and County of Hawaii General Plan goals, pollees and objectives. Therefore, based on the above, the Special Permit to allow the development of a helicopter landing area on the subject property, is an "unusual and reasonable" use as defined in Section 205-6, HRS. The proposed use, which will be subject to the conditions of approval, is not contrary to the objectives sought to be accomplished by the State Land Use Law to preserve, protect, and encourage development of lands in the state for those uses to which they are best suited in the interest of the public health and welfare. The app] icant and owner request a favorable consideration of this request for a Special Permit. OR