HomeMy WebLinkAbout2014-44 Blake SPP 14-167 William P.Kenoi •.tY •••
Mayor y _,� Duane Kanuha
Director
Bobby Command
• :'%'�'` Deputy Director
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West Hawaii Office
74-5044 Ane Keohokaloie H,%vy East Hawai`i office
Kaflua-Dona,Hawaii 96740 Coun of Hawaill 141 Pauahi Street,suite 3
Phone(808)323-4770 Hilo,Hawai i 96720
Fax(808)327-3563 PLANNING DEPARTMENT Phone(808)961-8288
Fax(808)961-8742
Communication No. 2014-44
July 3, 2014
MEMORANDUM
TO: DPW-ENO-HILO DLNR-HONOLULU
DwS DLNR-HPD
DEM HEALTH
POLICE VEONO
RANGE PLANNING
FIRE ADMINSTRATIVE PERMITS
VOLCANO Puna C D P AC
FROM; O�U' _A KANUHA
Planning Director
SUBJECT: Special Permit(SPP 14-000167)
Applicant: Peter Blake
Request: To Allow the operation of a Lunch wagon and Eatin g Area on a
2,400 Square-Foot Portion of a 0.7-Acre Parcel within the State Land Use
Agricultural District
Tax Ma Kp : 1-9-003:002
The enclosed request for a Special Permit is being forwarded for our review. May lease
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have your written comments by Auizust 1 2014. otherwise,we will assume that y ou have no
comments or objections on the request.
Should you have any questions,please do not hesitate to contact Mara Cottle of this
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department at 961-8288, ext 8159.
Thank you very much.
MemoPftkemad
Enclosure
www.coh lannin do t.com Hmvai'i County is an Equal Opportunity Provider and Employer tannin a co.hawaii.hi us
SPECIAL PERMIT APPI,ICATION,
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or Print the requested information)
2 � , F 2. 3 f
APPLICANT L /t t'L � L� )C L-r
APPLICANT'S SIGNATURE: � I� DATE
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ADDRESS: - '4 1 q-1 L"i �) —1 evil
LIST APPLICANT'S INTEREST IF NOT OWNER: D L�.;
TELEPHONE: (Bus.) "N rI (Home) (gam)
REQUEST: C, Pe t'�'� .e � V w� �
h Gl ry d �ti •, +,v V-e c, 6 a.
TAX MAP KEY: ZONING:
AREA OF PROPERTY/AREA OF REQUESTED USE_ D ,1 la � 8 c1 C rev s / o`� �-I�j
LANDOWNER:
LANDOWNER'S SIGNATURE: � /�fit' ./ ,, l� �v DATE: �o J Z �1
(may be by letter)
LANDOWNER'S ADDRESS: _ 1 S ' 3�Z O T�) Va(c� ►v n R
lmmmmbdw� L.al ..D
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AGENT:
ADDRESS:
TELEPHONE: (Bus.) -(Home)
(Fay)
Please indicate to whom ori ginal cornespondence and copies Should be sent to:
ORIGINAL A-1C e- COPIES: 2 0 ,q 16 d� L-
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SPECIAL PERMIT APPLICATION—FILE NUMBER ZCV2014-022E TMK: 1-9-003:002,Ola'a Summer Lots,
Volcano. HI
BACKGROUND INFORMATION:
A. Proposed Use:
We intend to use a portion of the subject property as a parking area for a lunch wagon. The
lunch wagon has been fully-certified by the county of Hawaii as a self-contained mobi a kitchen.
The proposed operation is located within close proximity to Hawaii Volcano National Park,one
of Hawaii's top-visited attractions,and will provide much needed food service to an area which
is underserved in food service.The property is located approximately 550 yards east of the
commercial core of Volcano Village.Within this core is the Kilauea Lodge restaurant,Thai Thai
restaurant, Lava Rock Cafe,Ohia Cafe, and two general stores.Additional food service to this
area is desperately needed in order to serve the thousands of visitors to the park each week.
The local population of Volcano will also be served by the proposed operation and thus creating
a more enjoyable atmosphere for both local and tourist clientele.
Hours of operation will be 11:00am-6:00pm,Tuesday through Saturday.Two employees are
needed for this operation.We would expect to handle eighty customers per day.
B. Property Description:
The subject property is located in Volcano Village,on old Volcano Rd, bordering 19-3820 O!d
Volcano Rd to the west,close to the twenty-six mile marker, mauka side of HWY 11.The
property consists of 0.7648 acres, mostly covered by ohia forest, Hapu'u fern and other native
flora.The owner has created a beautiful botanic garden consisting of anthuriums and other
native flora.
Only a small portion of the parcel is needed for the lunch wagon operation. The intended
area of use would bordet Old Volcano Rd and would consist of an area measuring approximately
80'x 30',2400 square feet.
Currently,the property is not being used for any commercial or residential use. It contains no
permanent structures.The owner of the property, Mr. Ronald Ober, has taken much care to
remove invasive species and preserve the natural ohia forest. No clearing or other
modifications to the land are needed for this proposed operation.
C. State and County Plans:
Subject property is zoned A-1a by the County.Specia. Land Use(SLU) is agriculture and The
General Plan as EA(extensive agriculture). Volcano is designated as'Urban and Rura- Center'
according to The General Plan.The Land Use Element of the General Plan seeks to
accommodate growth without congestion,to designate and preserve the ands needed for
residential use, commercial and visitor services, industry,agriculture and open space.The
purpose of the General Plan, among other things, is to identify visions, values, and priorities
important to the people of this county; improve the physical environment of the county as a
setting for human activities,to make it more functional and efficient; promote and safeguard
the public interest and county as a whole.The granting of this special permit will follow all of
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these objectives. Please note: I have over Zoo local signatures on a petition requesting the
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granting of this Special Permit.
According to the,,Puna Development plan (CDP),Volcano Village is roughly forty-three acres.
According to Table 5-1,General Use and Design Criteria,this would classify Volcano Village as a
Regional Town Center.Typical components of a Regional Town Center allow for a full range of
retail and personal services, repair shops and other light industrial uses. Table 5-1 also
stipulates that there be no direct access from Highway 11.Subject property is not direct
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accessible from Highway 11.
Subject property is not located in a Special !Management Area(SMA), nor is it located in the
designated Historic District.
The CDP also calls for minimal clearing of native Qhla forests and for the clearin g of invasive
species.Subject land has been painstakingly cleared of invasive species and the native Ohia
forest has been largely left intact. No clearing of native forest is needed to accommodate the
lunch wagon operation.
D. Surrounding Zoning and land use:
Immediately surrounding the subject property are scattered residences and Bed and
Breakfasts.Adjacent lands to the East and West are zoned A-1a.To the East is a residentia,
home and to the West are predominantly Bed and Breakfasts,an art alle cafe
g �vl ,a retreat
center(Hale Lokahl), and a few residences.Abutting subject property to the west is Volcano nn.
The parcel immediately north of subject property is also owned by Mr. Ronald Ober. It is zoned
A-Sa and consists of approximately one acre. It is also native forest with no structures. Lands to
the north of this parcel, (virgin forest), are toned A-3a and owned by the State of Hawaii. Lands
to the South are the right of way for Highway 11 owned by the State of Hawaii. Across Highway
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11, maika'i side, is Mauna Loa Estates. In Mauna Loa Estates are primarily residences and many
Bed and Breakfasts scattered throughout.
E. FIRM:
The subject property is not located in the 500-year flood plain,accordin g to FIRM the (flood
insurance rate map).
F. Archaeological Resource:
Please see attached copy of letter written to the State DLNR Historic Preservation Division to
which has not been responded.
G. Floral and Fauna Resources:
The subject property consists of native ahia forest.There is no commercial a g ricu tuna
activity being carried out on property. No clearing or destruction of native flora and fauna 's
needed to accommodate the proposed activity.
H. Valued Cultural Resources:
We are not aware of any Valued Cultura Resources being exercised in this area.
I. Public Access:
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Public access to the mountains will not be blocked by the proposed land use. Neither will the
access to the shoreline be blocked. Public access being used on this property has not been
observed or known.
J. Description of Access:
Access to the subject property is from Highway 11 onto Old Volcano Rd. Old Volcano Rd is
owned and maintained by the county and has an overall approximate width of forty feet.This
includes the Right-of way and the approximate pavement width of twenty-four feet. It is well-
paved and in good condition.old Volcano Rd dead-ends at a county installed barricade
approximately twenty feet East of subject property. Based on the existing roadway
improvements, it is not anticipated that the proposed use will have an adverse impact on traffic
or safety along this road.
K. Traffic impacts:
Minimal additional traffic of thirty-five cars per day would be expected. Serving approximately
eighty persons per day,with multiple persons per car, will equate to approximately thirty-five
additional cars per day.Approximately 80'of road frontage is available for pull-in parking.This
creates twelve parking stalls which is more than adequate to service demand at any one time.
Old Volcano Rd and expanded right-of-way will not be used, in any way,for the parking of
customer cars.Additional traffic is also spread out during the hours of operation,
11:00am through 6:00pm.
Please Note:This section of Old Volcano Rd dead ends approximately twenty feet after subject
property.There are a great number of`lost'visitors who come down to the end of O'd
Volcano Rd every day.These`lost'vehicles need to safely turn around. The subject
property, being available and open to public traffic,will greatly alleviate this hazard.
L. Availability if Utilities:
Certified lunch wagons are required to be self-containing.They carry their own water, hold
the waste water and generate their own electricity.Therefore, water, sewer and electrical are
not needed to the subject property.
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SPECIAL PERMIT APPLICATION—FILE NUMBER ZCV2014-022E TMK:1-9-003:002,Ola'a Summer'-ots,
Volcano, HI
CRITERIA
A. Proposed Land Use:
The granting of this special permit will promote the effectiveness and objectives of Chapter
205,HRS as amended.The State Land Use Law Rules and Regulations are intended to preserve,
protect and encourage the development of land in the State for those uses for which they are
best suited in the interest of the public health and welfare of the people of the State of Hawaii.
In the case of the agricultural districts,the intent of the State Land Use Law Rules and
Regulations is to preserve or keep lands of high agricultural potential in agricultural use.The
soils within the subject land are classified"E"or Very Poor by the Land Study Bureau for
agricultural productivity. The soil type is Keei,extremely rocky muck which consists of well-
drained,thin organic soils overlying pahoehoe lava bedrock.The operation of a lunch wagon w,11
not displace a significant amount of land from agricultural activity nor diminish the agricultura
potential of the land.
Please note:We have a petition signed by over Zoo local residents supporting the lunch wagon
being allowed to operate on the subject land.This goes along with the objectives of Chapter 205
and also The General Plan.
The very nature of the lunch wagon creates no permanent structures and has no permanent
impact on the land it is on. It is only on-site seven hours per day,five days a week.
In keeping with the agricultural aspect, we do maintain a garden of approximately loo square
feet on the subject property. In this garden,we are able to grow herbs that we use on a daily
basis. We also create a demand for locally-raised vegetables and purchase vegetables from two
local area farms,one of which is located on Wright Rd in Volcano.
For all these reasons,. Chapter 245-5,SPECIAL PERMIT should be applicable.
B. Surrounding Properties:
Immediately surrounding the subject property are scattered residences and Bed and
Breakfasts.Adjacent lands to the East and west are zoned A-la.To the East is a residentia
home and to the West is Volcano Inn and other Bed and Breakfasts, an art gallery/cafe, a retreat
center(Hale Lokahi),and a few residences.The parce 'mmediately north of subject property-s
also owned by Mr. Ronald Ober. It is zoned A-1a and consists of 0.7615 acre. It is also native
forest with no structures. Lands to the north of this parcel, (virgin forest), are zoned A-3a and
owned by the State of Hawaii. Lands to the South are the right of way for 1;ghway 11 owned by
the State of Hawaii.Across Highway 11, maika'i side, is Mauna Loa Estates. In Mauna Loa
Estates are primarily residences and many Bed and Breakfasts scattered throughout.
The proposed use will not have any significant adverse effects on the surrounding properties
By its nature,the lunch wagon is a self-contained unit. The lunch wagon is on-site for seven
hours a day, five days a week.The surrounding properties are predominantly Bed and
Breakfasts, Highway 11,an art gallery/cafe, native forest and scattered residences. Subject
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property is located approximately 550 yards from the intersection of Wright Rd which begins g g s the
commercially-zoned area of Volcano Village.
C. Public Agencies:
The proposed use will not unreasonably burden public agencies to provide• p roads and streets,
sewer, water, drainage, school improvements and police and fire protection.The certified lunch
wagon is fully self-contained and carries its own water and holds the waste water in built-in
utlt-rn
tanks. Old Volcano Rd is a well-paved road and services residential and commercial
establishments.
D. Unusual Conditions,Trends and Needs:
Unusual conditions,trends and needs have arisen since the District Boundaries and
Regulations were establi$hed.The growing popularity of lunch wagons, nationwide,de, has proven
to be a very viable option for dining.The minimal impact that the is
Y cause also very desirabje.
The use of locally grown vegetables also perpetuates the need for local agriculture.
The growing popularity of volcano National Park also creates a need for more dining options
in the Volcano area.Such small scale development, minimally impacting endeavor
p g s Is consistent
with the social and physical character of a rural-agricultural area and is in keeping n
p g with the
economic goals of the County.
E. Unsuited for permitted use:
The land on which the proposed use is sought is unsuited for the uses ermitt '
p ed within the
district.The subject property is suited for agricultural activities, however, has not been active,y
used for agricultural purposes. Therefore, no significant amount of land will be removed from
the agricultural inventory.The soils within the subject land are classified "E" r
a Very Poor by The
land Study Bureau for agricultural productivity.The soil type is Keei extremely rocky muck
w hich consists of well-drained,thin
organic soils overlying hoehoe lava g p bedrock. Also,s:nce
the operation of the lunch wagon only requires a small piece of the ent�re ar
p cep,the rema�rider
is still available for agricultural activity.
F. Character of the land: •
The proposed use will n'ot after or change the character of the -and in any way from its present
use. The lunch wagon, by its nature and construction, �s only tern orarr� ark n
p y p g on the subr ect
land. No clearing of land or removing of native species is necessary or the a operat:an of the
lunch wagon.
G. The General Plan:
The proposed request is not contrary to The General Plan. County General tY a Plan Land Use
Pattern Allocation Guide Map(LUPAG) designates this area for ntensive Agriculture.g e.The owner
of the parcel has landscaped the property nto a botanical a sensit
rden and eco- ' '
g ive area. He
has kept intact the native Ohia forest, replanted native Ha u'u and removed oved invasive species.
The proposed use is consistent with the following goa+s, olicies and standards ards of the General
Plan:
Economic Element: Provide residents an oppounity to improve their quality of
p q ty life.
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Provide visitors with extended options for an enjoyable stay.
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.
The County of Hawaii shall strive for an economic climate which
provides its residents an opportunity for choice of occupation.
Land Use Element: Designate and allocate land uses in appropriate proportions and
mix and in keeping with the social, cultural and physical
environments of the County.
Allocate appropriate requested zoning in accordance with exist,*ng
or projected needs of neighborhood,community, region and County.
The County shall encourage the development and maintenance of
communities meeting the needs of its residents in balance with the
physical and social environment.
H. Unreasonable and reasonable use:
Based on the above considerations,the operation of a lunch wagon is an unusual and
reasonable use of land,which would not be contrary to the objectives sought to be
accomplished by the Land Use Law Rules and Regulations.
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SPECIAL PERMIT APPLICATION—FILE NUMBER ZCV2014-022E TMK:1-9-003:002, Ola'a Summer Lots
Volcano, Hl 11
RE: Public works/Engineering Dept.
TO:County Planning Commission
As per my conversation,with Kelly,of the Public works Department/Engineering,we wii demarcate
the property line of subject property separating it from the r'ght of way/Old Volcano RD. We wi,
accomplish this with the use of fencing and poles on subject property located at the eastern and
western ends.This will make clear to customers where they should park. Please see attached ma p for
precise locations.
Mahalo,
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