2009-05-15 TGRACECHURCH - Laserfiche WebLink

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COMMISSIONERS: Good morning. COTTLE: And welcome, Ms. Giffin. GIFFIN: Thank you. COTTLE: The first and second agenda items are related to Grace Community Church, so IÓll be doing a combined presentation. But the Planning Commission will need to vote separately on each item. So the first request is an amendment to Rezone 875, which rezoned approximately 5 acres from Agricultural-5 acres to Residential and Agricultural-.5 acre. And the Special Permit amendment is to Special Permit 1010, which allowed the establishment of a church and related facilities on approximately 3 acres of that rezoned 5-acre parcel. The property is located in the North Kona District off of Palani Road, just below Mmalahoa Highway. This is Palani Road running in a kind of north-south direction. And the subject property is outlined in red. This is an aerial photograph showing Palani Road off to the left hand side, and the existing church facilities are up in the top right corner, and a pastor residence is located right about where the dot is. The neighboring parcel is occupied by the Kona Christian Academy, and they are located right about here. So more specifically, the amendment request is for a five-year t Conditions C and D of the Change of Zone; Condition C is for a water commitment and Condition D is for final subdivision approval. The Special Permit request is also a five-year time extension to comply with Condition 2 for a water commitment and construction of the facilities, the church facilities, is Condition 3. So just to provide a little background on the project, one of th Permit was to construct a left-turn lane on Palani Road at the project driveway. And also the Change of Zone required that any traffic mitigation thatÓs required be constructed prior to occupancy of any structure built on the rezoned property, which would include the church. So for a variety of reasons, which are explained in more detail in the background report, the left-turn lane has not been constructed yet. In late 2008 the Planning Department discovered that the church was being occupied prior to the turn lane being completed. So the church and the County met in late 2008 and came up with a solution; our Planning Director met with the church along with Department of Public Works. And we issued a notice of violation letting the church know that they cannot occupy prior to some items being completed, which are laid out in the October letter from our Planning Director. And I just want to kind of go over a few of the main items that the church has been working on since 2008. One of the requirements was that they come in for a time extension to the Change of Zone and the Special Permit, which they have done obviously, thatÓs why we are here. And another item that they needed to complete was to execute a turn lane agreement with the County, stating that they will construct the turn lane. There is a one-year time frame on that turn lane agreement, which was executed on April 3, 2009, which means that the turn lane must be constructed completely by April 3, 2010. There is a provision i EXHIBIT A 2