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County of Hawaii Planning Department Background Report

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County of Hawaii Planning Department Background Report BKizpaljma. 1220. 20 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT KIRPAL MEDITATION AND ECOLOGICAL CENTER, LLC SPECIAL PERMIT APPLICATION NO. 20- 000220 ( SPP 20- 000220) KIRPAL MEDITATION AND ECOLOGICAL CENTER, LLC is requesting a Special Permit to legitimize the operation of a meditation and ecological center and retreat on 10 acres of land situated within the State Land Use Agricultural District. The subject property is located at 13- 260 Pohoiki Road, approximately 0. 5 miles west, or mauka, of the intersection with Kalapana- Kapoho Beach Road, Pohoiki, Puna, Hawaii, TMK: ( 3) 1- 3- 008: 005. APPLICANT' S REQUEST 1. Request: Kirpal Meditation and Ecological Center, LLC is seeking a Special Permit to legitimize the operation of a meditation and ecological center and retreat, including instruction in meditation, yoga, health and fitness, and providing overnight accommodations for up to 28 guests in 17 cabin- style units and 2 residential hales with bathrooms. The applicant' s proposal includes construction of a new 2, 500 square- foot 50' x50') community building with a certified kitchen, community bath, shower facilities and storage. In addition, the applicant is proposing to obtain building permits to convert an existing hexagonal structure into a 289 square- foot( 1 Txl 7') meditation building, convert an existing shed structure into a 190 square- foot yoga hale, convert two existing 1- bedroom structures into 900 square- foot residential hales with bathrooms, and convert 17 existing shed structures into cabin- style units of no greater than 500 square feet each. The applicant is proposing to offer 10 group retreats a year for approximately 7 days per retreat. The retreat groups are proposed to average 15 people. During the periods when retreats are not being conducted the applicant is proposing to offer their cabins and hales to the public for overnight accommodations for up to 28 guests. The applicant will provide guests transportation to and from the Hilo Airport as well as provide on- site parking for six guest vehicles. 2. Purpose of Request: The mission of Kirpal Meditation& Ecological Center, as envisioned by its founder, Leonard Sussman, is: " For the weary Soul to rest from its entanglements, be able to distinguish itself from the mind and enjoy inner peace." 3. Staffing/ Employees: The number of part- time and full-time employees will range between 4 and 12 employees, depending on the number of guests and activities. 4. Hours of Operation: The applicant is proposing that hours of operation for center activities will be between 7: 00 AM and 9: 00 PM. Meditation and quiet time are mandated between 9: 00 PM and 9: 00 AM. 5. Definition of" Lodge": According to Section 25- 1- 5( b) of the Zoning Code, a" lodge" means a building or group of buildings, under single management, containing transient lodging accommodations without individual kitchen facilities, and no more than forty guest rooms or suites, and generally located in agricultural, rural or other less populated areas. The proposed Center meets this definition of lodge as 17 transient lodging accommodations without individual kitchen facilities will be provided for guests on the property, the Center will operate under single management, and the property is located in an agricultural area. 6. Landowners: Kirpal Meditation& Ecological Center, LLC. 7. Supportive Information: The applicant has submitted the attached in support of the request ( Planning Department Exhibit 1— Special Permit Application dated September 30, 2020). BACKGROUND INFORMATION 8. May 30, 2018: The Planning Dept received a complaint which alleged the landowner was using the subject property as a retreat and resort facility, without a Special Permit. An inspection was not conducted by the Planning Dept due to the 2018 lava eruption. The applicant has submitted the subject Special Permit application to resolve the alleged violation. 2 DESCRIPTION OF STATE& COUNTY PLANS 9. State Land Use District: Agricultural. 10. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Important Agricultural Lands. 11. County Zoning: Agricultural( A- 1a). 12. Puna Community Development Plan ( PCDP): The PCDP was adopted by the Hawaii County Council, Ordinance 08 116, on September 10, 2008. The subject property is not located within or near any village center. 13. Special Management Area ( SMA): The Project Area is not located within the SMA and is located 0. 5 miles from the nearest shoreline. 14. Coastal Zone Management: The entire State of Hawaii lies within the Coastal Zone Management area. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 15. Subject Property: The subject property is approximately 10 acres in size and is triangular in shape. The property is improved with a permitted 504 square- foot efficiency dwelling built in 2007, a permitted 392 square-foot octagon gazebo built in 2007, and three utility sheds with active, open permits. The applicant intends to maintain the dwelling as the residence of the landowner. According to the applicant' s site plan, there are 18 unpermitted structures, including a 1, 920 square- foot covered exercise area, two 1- bedroom residences, a 289 square- foot hexagonal hut, a 256 square- foot hexagonal hut and sheds of various sizes. These structures will either be permitted and converted into buildings for the proposed use, or demolished. In addition, there is an existing unpermitted greenhouse and four catchment tanks of 4, 000 gallons each. 16. Surrounding Land Uses/ Zoning: The surrounding parcels are zoned A- la and A-10a, with the smallest nearby parcel being five acres. In the mid- 1990' s much of the surrounding land was cleared and plowed for the conversion to papaya farming, including the subject parcel. Prior to acquisition by the applicant in 2004, the subject parcel was cleared and plowed again. Today the subject parcel and surrounding land consist of non- 3 native shrubland and forest consisting of a diverse array of invasive species and native plants. The majority of the surrounding lots are used for agriculture or are vacant and undeveloped, with few permitted dwellings. There is a 777- acre vacant parcel of land to the southeast, a 5- acre parcel of land with a 500 square- foot storage structure to the west, and four vacant parcels of land to the northeast, ranging in size from 10 acres to 71 acres. Much of the surrounding area was inundated by lava during the 2018 eruption of Kilauea volcano and the subject parcel is designated by the County of Hawai`i as part ofthe Lava Recovery Area. 17. Flood Insurance Rate Map( FIRM): Zone X, outside the 500- year flood area. 18. USDA Soil Survey Report: Soils in this Project Area are classified as Malama extremely cobbly highly decomposed plant material, dry, 2 to 40 percent slopes. 19. Land Study Bureau' s Overall Productivity Rating: " D" or" Poor". 20. Agricultural Lands of Importance to the State of Hawaii( ALISH): " 3" or" Other". 21. Flora/Fauna Resources: The application included a Biological Survey Report dated May 2020. The property has numerous varieties of vegetation on site. Native or endemic species include coconut, hapu' u, kalo, kukui, lauhala, milo and noni. Fruit, spice or nut vegetation planted by the applicant include allspice, avocado, banana, cacao, cashew, citrus varieties, clove, fig, jaboticaba, lilikoi, longan, mango, mountain apple, papaya, rollinia, soursop and starfruit. Landscape plants or trees include bamboo, hibiscus, plumeria and orchid varieties. Other vegetation include albizia, strawberry guava and different grass species. Mammals observed on the property include mice, rats, mongoose, feral cats and pigs, and occasionally cattle from neighboring lands. No native species of fauna have been observed. Non-native bird species include cardinal, dove, finch, mocking birds, mynah birds and sparrows. The ` Io or Hawaiian hawk, have been observed flying overhead, but no nesting areas exist on the property. Pueo or Hawaiian owl have not been observed on the property or in the vicinity. No threatened or endangered species have been observed on the property. 4 22. Archaeological/ Cultural Resources: In modern times the property has not been used for the exercise of traditional or customary native Hawaiian rights. The Center has not received any requests, claims or complaints for the exercise of these rights. No features are known to exist on site that would be the subject of traditional or customary rights. No native plant species exist to any degree which would be the subject of native gathering rights with the exception of kalo, which the Applicant planted. The application included a Draft Archeological Impact Statement( AIS), dated September 2016. The AIS identified a single archeological feature onsite, a portion of a rock wall, which is not being disturbed by the applicant' s proposed land use. Additionally, the subject application was submitted to the State Historic Preservation Division for review in October, 2020. 23. Public Access: There is no public access to the mountains or the shoreline that runs through the property. PUBLIC SERVICES AND FACILITIES 24. Access/ Traffic/ Parking: The subject property is accessible from Pohoiki Road and by way of Highway 137 from the Kalapana area. The section of Pohoiki Road fronting the subject property was not damaged in the 2018 lava flow, unlike upper sections of Pohoiki Road from the Pahoa direction. The County of Hawaii has recently announced that it will restore the lava damaged sections of Pohoiki Road, which will provide better, quicker access to the property from Pahoa. Pohoiki Road in the vicinity of the property consists of pavement sections 16 feet in width, with approximately 2 foot wide shoulders. The driveway entrance to the property consists of gravel. According to the applicant, sight distance from the driveway access is good in both directions. Existing traffic conditions are low given that since the 2018 lava flow, Pohoiki Road does not provide access to the ocean from the Pahoa area.
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