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HomeMy WebLinkAboutPD BACKGROUND REPORT (PL-SPP-2024-000063) B Kro 11 SPP.crk.5.3.2 4 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT BRIAN KROLL SPECIAL PERNUT APPLICATION NO. PL-SPP-2024-000063 BRIAN KROLL is requesting a Special Permit to establish a temporary and permanent church and related improvements on a 1-acre property within the State Land Use Agricultural District. The subject property is located at 15-1740 24th Avenue, approximately 160 feet northwest of its intersection with Paradise Drive, Hawaiian Paradise Park, Kea`au, Puna, Hawaii, TMK: (3) 1-5-040:205 (por.). APPLICANT'S REQUEST 1. Request: The applicant is requesting a Special Permit to establish and operate a temporary and permanent church and related uses on a portion of a 1-acre parcel of land situated in the State Land Use Agricultural District. The proposed church facility consists of the following components: ■ A 1,650 square foot open air pavilion with one enclosed wall for regularly scheduled worship services, one 650 square foot covered deck, one 256 square foot covered deck for community uses, two detached bathroom facilities, and potable and non- potable water tanks. ■ A gravel driveway from 24th Avenue, a 22-stall gravel parking lot, and 1 paved,ADA accessible parking stall situated near the proposed pavilion. ■ Until the permanent facility is constructed, the applicant proposes to erect a temporary canopy tent and portable toilets to accommodate regular services. Temporary building permits will be sought for this proposed use. 2. Reasons for Request: The applicant owns the Pacific Baptist Church (PBC), which was chartered as a domestic nonprofit corporation 501(c)(3) in August 2013. PBC is an independent Baptist Church that strives to provide a safe and protected place of worship and fellowship for individuals from diverse backgrounds who share a common belief in God through the teaching of sound doctrines found in the Bible. The PBC originally operated in Hilo. The applicant purchased the subject property in HPP in 2017 with the intention of relocating his church services when the former property lease expired, and rent was raised. The applicant has been hosting church services and other activities in his home on an adjacent parcel for the last few years but would like to construct a permanent facility under the requested Special Permit. 3. Hours of Operation/Attendees: The applicant proposes to hold regular worship services on Sundays between 9 a.m. and 1:00 p.m. and on Wednesdays between 6:15 p.m. to 7:15 p.m. Additionally, the applicant proposes to offer free food distribution events on the 3rd Saturday of the month between 10:30 a.m. and 1:00 p.m. Finally, the applicant proposes to host guest speaker events 2 times per year for 2-3 nights between the hours of 6:15 p.m. and 7:30 p.m. Regular worship services are anticipated to attract an average of 30 attendees, while the food distribution and guest speaker events are expected to draw a maximum of 50 attendees. 4. Staff. In addition to the applicant, who is the pastor for the church, there will be one full- time staff member managing the property, proposed food distribution events and guest speaker events. 5. Development Timeline and Cost: The applicant plans begin the building Permit process immediately after issuance of the Special Permit. Construction is anticipated to take approximately 12 months and cost roughly $100,000. 5. Landowner: Pacific Baptist Church. 6. Supportive Information: The applicant has submitted the attached in support of the request: (Planning Department Exhibit 1 — Special Permit Application received on March 12,2024). DESCRIPTION OF STATE & COUNTY PLANS 7. State Land Use District: Agricultural. 8. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Rural. 9. County Zoning: Agricultural-1 acres (A-la). 10. Community Development Plan (CDP): The Puna CDP was adopted by the Hawaii County Council, Ordinance 08 116, on September 10, 2008, and was amended on November 4, 2010, by Ordinance No. 10-104; June 8, 2011, by Ordinance Nos. 11-51, 11 52, & 11-53; and December 6, 2011, by Ordinance No. 11-117 & 11-118. 2 11. Special Management Area (SMA): The permit area is located approximately 3 miles from the nearest coastline; thus, it is not located within the SMA. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 12. Subject Property: The subject, 1-acre property is rectangular in shape and located on 24th Avenue within the Hawaiian Paradise Park (HPP) subdivision. It has been cleared and graded and is currently vacant of any structures or improvements. 13. Surrounding Zoning and Land Uses: All adjacent land to the north, east, south, and west are zoned Agricultural-I Acres (A-la) and contain single-family residences. Surrounding properties are residential in nature, some with light agricultural use. There are dwellings approximately 20 feet to the northwest (owned by the applicant) and 2 dwellings located approximately 50 feet to the southwest on adjacent parcels. 14. USDA Soil Survey Report: Keaukaha highly decomposed plant material (2klld)with 2 to 10 percent slopes. This soil type is made from organic material over pahoehoe lava flows. It is considered well-drained, has a high runoff class, and is not considered prime farmland. 15. Flood Insurance Rate Map (FIRM): Zone "X," determined by FEMA to be an area of minimal flood hazard. 16. Land Study Bureau's Overall Productivity Rating: "E" or Very Poor. 17. Agricultural Lands of Importance to the State of Hawaii (ALISH): Undesignated by the ALISH. 18. Flora and Fauna Resources: No professional floral or faunal survey was conducted for the permit area as the parcel was previously cleared and graded after the applicant purchased the property in 2017. The property remains clear and is mostly maintained grass lawn. Faunal resources include introduced bird species such as dove, Japanese white-eye, house finch, and myna are common in the area. Domestic animals such as cats, dogs, chickens, goats, and other animals such as feral rats and pigs are also common and not considered endangered. It is also possible for the endangered Hawaiian Hoary Bat, and the formerly endangered Hawaiian Hawk to fly over, roost or utilize resources near the property. 3 19. Archaeological Resources: No archaeological studies were conducted for the project area, however, as the property has been entirely cleared and graded, the applicant believes it is unlikely that any resources exist. 20. Valued Cultural Resources: According to the applicant, no known archaeological sites, historical, or cultural resources are known to be located on the property. It is not known whether the subject site or immediate area was ever used for traditional and customary rights by native Hawaiians. 21. Public Access: There is no known public access to the mountains or the shoreline that runs through the permit area. PUBLIC SERVICES AND FACILITIES 22. Access/Traffic: Access to the subject parcel and permit area will be provided by a single gravel driveway from 24th Avenue, a privately owned and maintained roadway with 20 feet of pavement within a 40-foot right-of-way. The applicant will install a 22-stall, gravel parking area and a concrete walkway connecting the parking lot to the proposed pavilion. There will be one paved, ADA compliant parking stall close to the proposed pavilion. The applicant anticipates approximately 15 cars for weekly service on Sunday morning and Wednesday evening, and 23 cars for monthly food donation events and periodic speaker events. According to the applicant, these events are not expected to cause a significant or long-term increase in traffic, as they will occur outside of peak traffic hours. 23. Water: County water is not available to the subject property. The applicant proposes to install a 10,000-gallon catchment tank to serve non-potable and fire suppression water needs and will install a separate, closed water tank to for potable water needs, which will be supplied by trucked-in, potable water. 24. Wastewater: There is no county sewer system in the area. The applicant proposes to construct 2 ADA accessible restrooms, which will be supported by an existing Individual Wastewater System (IWS) approved by the Department of Health with sufficient capacity to support the 2 proposed bathrooms. 25. Other Essential Utilities and Services: Electrical and telephone service are available to the site. Police and fire and medical services are located in Kea`au and Pdhoa. 4 AGENCY COMMENTS AND APPLICANT'S RESPONSES 26. Department of Water Supply: (Planning Department Exhibit 2 — April 29, 2024, Memo) 27. Department of Public Works-Engineering Division: (Planning Department Exhibit 3 —April 29,2024,Memo) 28. Department of Public Works-Building Division: (Planning Department Exhibit 4 — April 29,2024,Email) 29. Department of Environmental Management: (Planning Department Exhibit 5 — April 3,2024,Memo Memo) 30. State Department of Health: (Planning Department Exhibit 6 — April 2, 2024, Memo) AGENCIES—NO COMMENT OR CONCERN 31. Police Department and State Office of Planning and Sustainable Development. AGENCIES/ASSOCIATION—NO RESPONSE 32. Fire Department, State Department of Land and Natural Resources, State Land Use Commission, State Department of Agriculture, and Hawaiian Paradise Park Owners Association. PUBLIC COMMENTS 33. The Planning Department has not received any objections or comments from the public 9or adjacent landowners on the subject application at the time of this writing. 5 Zoho Sign Document ID:2A6681DB-LTCLHBQTYUPMZEXSOKKWBAOZZRR1F9BDHWRGEN_HGWA SPECIAL PERMIT APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or Print the requested information) APPLICANT Brian Kroll APPLICANT'S SIGNATURE: 13ric'\ r611 DATE: Oct 03 2023 16:38 PDT ADDRESS: 15-1736 24'Avenue,Keaau,HI 96749 P.O.Box 492908,Keaau,HI 96749 LIST APPLICANT'S INTEREST IF NOT OWNER: Pastor& President of Pacific Baptist Church TELEPHONE: (Bus.) 972-249-7258 (Home) (Fax) REQUEST: Special Permit to establish a church TAX MAP KEY: (3) 1-5-040:205 ZONING: A-la AREA OF PROPERTY/AREA OF REQUESTED USE 1.00 acre / 1.00 acre LANDOWNER: Pacific Baptist Church LANDOWNER'S SIGNATURE: 13ricr\ 1611 DATE: Oct 03 2023 16:38 PDT (May be by letter) LANDOWNER ADDRESS: PO Box 492908, Keaau, HI 96749 AGENT: John Pipan, Land Planning Hawaii LLC ADDRESS: 194 Wiwoole St, Hilo, HI 96720 TELEPHONE: (Bus.) 808-333-3393 (Home) (Fax) Please indicate to whom original correspondence and copies should be sent to: ORIGINAL Agent COPIES: Applicant Planning Dept. Exhibit 1 COUNTY BACKGROUND AND ENVIRONMENTAL REPORT COUNTY SPECIAL PERMIT REQUEST BRIAN KROLL HAWAIIAN PARADISE PARK, KEA`AU, COUNTY OF HAWAII TMK(3) 1-5-040: 205 TABLE OF CONTENTS I. INTRODUCTION.............................................................................................................. 4 II. PROJECT DESCRIPTION................................................................................................. 4 3A. Project Concept and Components................................................................................... 4 3C. Institutional Considerations.......................................................................................... 11 i. State Land Use.............................................................................................................. 11 ii. Special Management Area............................................................................................ 11 iii. County Zoning and General Plan.................................................................................. 11 iv. Puna Community Development Plan............................................................................ 17 3D. Surrounding Zoning and Land Uses............................................................................. 17 3E. Flood Insurance Rate Map............................................................................................ 20 3G. Floral and Faunal Resources......................................................................................... 20 3H. Valued Cultural Resources............................................................................................ 22 3I. Public Access................................................................................................................ 22 3J. Description of Access ................................................................................................... 22 3K. Traffic Impacts.............................................................................................................. 23 3L. Availability of Utilities ................................................................................................. 23 III. REGULATORY ANALYSIS............................................................................................ 24 4A. Coastal Zone Management ........................................................................................... 24 4B. Impacts to Surrounding Properties................................................................................ 24 4C. Impacts to Public Agencies........................................................................................... 25 4D. Unusual Conditions....................................................................................................... 25 4E. Land Suitability for Permitted Uses.............................................................................. 26 4F. Land Character and Present Use................................................................................... 26 4G. Relationship to General Plan ........................................................................................ 26 4H. Unusual and Reasonable Use........................................................................................ 27 2 FIGURES Figure1: Location Map ...................................................................................................................5 Figure2: Site Plan............................................................................................................................7 Figure 3: Land Use Pattern Allocation Guide (LUPAG)Map.........................................................9 Figure 4: State Land Use Designation...........................................................................................10 Figure 5: Land Study Bureau (LSB) Overall Productivity Map....................................................12 Figure6: County Zoning Map .......................................................................................................13 Figure 7: Map of Special Permits for Church Facilities within 1 mile of the Subject Site ...........19 Figure8: FIRM Map......................................................................................................................21 3 I. INTRODUCTION Brian Kroll ("applicant")is requesting a Special Permit to establish a church on a 1.0-acre parcel identified as TMK (3) 1-5-040: 205. The subject parcel is located at 15-1740 241h Avenue within the Hawaiian Paradise Park(HPP) subdivision, approximately 150 feet north of its intersection with Paradise Drive. Access to the subject parcel is from 24th Avenue (Ohe Avenue) (Figure 1). Mr. Kroll owns the Pacific Baptist Church(PBC), which was chartered as a domestic nonprofit corporation 501(c)(3)in August 2013. PBC is an independent Baptist Church that strives to provide a safe and protected place of worship and fellowship for individuals from diverse backgrounds who share a common belief in God through the teaching of sound doctrines found in the Bible. The PBC originally operated in Hilo. The applicant purchased the subject property in HPP in 2017 with the intention of relocating his church services when the former property lease expired, and rent was raised. Under the Special Permit request, the applicant intends to construct one (1) 1,650 square foot pavilion for church services and two (2) covered decks for community use; one 256 square feet and one 640 square feet. Additionally, the applicant wishes to use a temporary canopy tent on site for church services until the permanent facilities are constructed. The applicant hopes to secure Special Permit approval as soon as possible and begin the Building Permit process immediately thereafter. Construction is anticipated to take approximately 12 months and cost roughly $100,000. The PBC helped many displaced people during the 2018 Kilauea eruption and intends to continue to be an active distributor of produce and canned goods to the community from the subject property. Similar Special Permits have been approved for nearby parcels within one (1) mile of the subject property and thus approval of this request would be logical and in keeping with the surrounding land use. II. PROJECT DESCRIPTION 3A. Project Concept and Components The applicant respectfully requests a Special Permit to construct and operate a church on the 1.0-acre subject property that is zoned for agricultural use. The applicant also wishes to use a temporary canopy tent on site for church services until the permanent facilities are constructed. Temporary permits will be sought for this proposed use. 4 0i 8 Ok og,,-4 II ISI -71 F o 1V7d 11-d" P7 A uflizg i u (D (D (D (D (D O (P, Wou(D (D (i), u Fj1 Ar 4k (D 0 T T (D (1) T I T (D (D T (D Diu�" 211� so] in 4,- Hi 1146 RUIR z "Pin Toil $.11;1 -111' (D (D g U mllII mu SII p T 1.0 (D (D T 0 ® ® ® ® figT , 0 0@ 0 .@ Q 'kv U, q,k 14 '.9AV Ri , `I - �[ -,'1 1,li I S'I'l m1 20 Ila, '11.111 .10 -1 0 1-6111 .111 .111 Ill 14 tt u° II .N mi R"t '-°Y U Do °I ¢_% 2 Ell Valli .11 Ell U11 -I P1 BI 'dR (D X T T a (D -j� e T - oi,� I Ni 91111 �Y I 11A R aTE '3AV P-1 0. Ve Ill 11 1 144t, 11 Mill 0, ® ® 0 J, Jgt II PZ 211 151 gii !911 g1 5q e e V t 011 IN mg 21 211 M A 11 $11 k FF T X (D a) T (Na) (D q) (D. (D (D 0 (p 000 ® 0000 ® No any @11 1611111K,1111121 911 1 gelu 4 g 9XflcXto 211 k (D (D 0 T (D Q T 0 T OO (D (D (;p (D -0 CiL to "Mi all F9 0.0000 0, 000 (D L(DQ E�D O'k(D M 14 ii , NII �y F'll I 211 ZZ 3AV 141 �1 H nil IzAll Ei ill il 11 N-.1Nn %l 1,mil 0# QQooeoo0eo (D T (D 0 0,,l(D 0 (D (D (D 4 R, §,=ctj, PWS ; Pie R l aii A110 V i I SII SII lh '3AW 4192 ( ff 1V7d oz 1V7d t cz ............. The applicant proposes the following elements as part of the Special Permit. Refer to Figure 2 for site plan details. Permanent Use: 1. Buildings: One (1) 1,650 square foot(36' x 46') open air pavilion with one enclosed wall is proposed for regularly scheduled worship services. In addition, one (1) 640 square foot(16'x 40') covered deck, and one (1) 256 square foot(16' x 16') covered deck are proposed for community use. 2. Bathrooms: Two (2)ADA accessible restrooms are proposed, detached from the pavilion. 3. Water: A 10,000-gallon rainwater catchment tank will serve all non-potable and fire emergency water needs. A fire hydrant is also located approximately 150' from the property at the intersection of Paradise Drive and 24th. A separate water tank will be used for potable water, which will be trucked in. 4. Wastewater: Wastewater will be handled via an existing Individual Wastewater System (IWS) approved by the Department of Health with sufficient capacity to support the two (2)proposed detached bathrooms. 5. Access: The property will be accessed via a gravel driveway from 24th Avenue, roughly 150 feet north of its intersection with Paradise Drive. A concrete walkway will connect the public parking area and the proposed pavilion. 6. Parking: Twenty-two (22) gravel parking spaces will be available for community members during service and food distribution events. One (1)ADA accessible parking space will be located by the proposed pavilion. The applicant also proposes to use the parking lot as a safe and convenient location for students and parents to wait for school buses on school days. The subject property is close to the intersection of 24th Avenue and Paradise Drive, which will allow students to easily access the bus and avoid the risk of standing at the busy intersection. The parking lot also provides additional space for vehicles to safely and easily turn around and drop off or pick up students. 7. Services: Regular worship service will be held on Sundays between 9 a.m. and 1 p.m. and on Wednesdays between 6:15 p.m. to 7:15 p.m. 8. Events: Free food distribution events are proposed to occur on the 3rd Saturday of every month between 10:30 a.m. and 1 p.m. Guest speaker events are proposed to occur two (2)times per year for 2-3 nights between the hours of 6:15 p.m. and 7:30 p.m. The dates of these events have not yet been determined. 6 DII IIVAAVH DNINNV]d &,UNVI N 0 113 0 0 1 S N 00 0 0 1 lox Aa V N I W I I 1 8d ev s. an 3AIHG �ISIGVHVcl 'OAV t4}VZ 01 OSl )\-OIVAIXOHCICIV o �3w wl g IN 03 low .............................. lawo t.............................. ------ 10 w wl 1. mo om w wo w6 T w oz w.w� ----------------- ------------------------------------- I. Attendees: An average of thirty (30)people are expected for regular worship service on Sundays and Wednesdays. A maximum of fifty (50)people are anticipated for monthly food distribution and yearly speaker events. 2. Employees: 1FTE(equivalent to one full-time employee) will manage the property, proposed food distribution and guest speaker events. Mr. Kroll will perform all regularly held worship services. Temporary Use: 1. One (1) temporary canopy tent is proposed to hold worship services until the permanent church facilities are complete. 2. One (1) portable toilet facility will be available on site and serviced regularly until permanent bathroom facilities are complete. The applicant also intends to utilize the remainder of the property for small-scale farming, which is a permitted use in the agricultural district and will therefore not be included in the special permit request. 3B. Subject Property Description The subject site, identified as TMK (3) 1-5-040: 205, consists of 1-acre of land zoned Agricultural 1-acre (A-M). The parcel is located on 24'Avenue within the Hawaiian Paradise Park(HPP) subdivision, approximately 150 feet north of its intersection with Paradise Drive. Access to the subject parcel is from 24th Avenue (Ohe Avenue), which is a paved road maintained by the Hawaiian Paradise Park Homeowner's Association. The entire HPP subdivision lies within Lava Zone 3, on a scale ranging from 9 to 1 (least hazardous to most). The site is approximately 3 miles from the coastline and is not within the Conservation District or Special Management Area. The Land Use Pattern Allocation Guide (LUPAG) designates this land as rural(Figure 3), and the Land Study Bureau (LSB) classifies the soils as "E" (very poor) (Figure 4). The U.S. Department of Agricultural Natural Resource Conservation Service (NRCS) has designated the property's soil as Keaukaha highly decomposed plant material (2k11d)with 2 to 10 percent slopes. This soil type is made from organic material over pahoehoe lava flows. It is considered well-drained, has a high runoff class, and is not considered prime farmland. The subject property was previously cleared and graded after the applicant purchased it in 2017. The site was graded to provide a lower area on the eastern property line, which borders 24th Avenue, to be used for the general parking lot. The proposed pavilion, and covered decks are proposed to occur on the elevated portion of the property. 8 cd g @ U) YU)Z-`O 0- O Q (nO c-2` `O R O O C OQ.J fD m O .T QZ -o.� m ? cco Q o W W O_T C W U� mno Z �W I� _ -u o= N �o(7U _ N 0 0� 50 W ca — o o EW�_T m Z E 0 0 a E 0- C' C'm Y E O - Q 0:� M V =U1 O O o m O O Q d a `O Z n 7 m o T L n Y o Q p O 10 O UZ7m0 M L. t Em c \ - \ O 00 70l • • - CO O • O 4-0 cu \ O cu 0 70 O a � a o (a / � o i� N U U � m Q (n 2 o N a 3 N N O N (6 � N � u� J • E Z 'o� 0 0 ooQ...in O .T 'U)LLU� - .< =a m 7 Q o W W O_T - C W m Z E I� u)o= • N o U U - N _ _ ' N o 10 o o E��_T m Z?g 0 0 ° yiEO C'd Y E° - • �_Q O° • • (7 - - M O O O O Qd' a Z • _U)T-26n� O • 0 N O Y Qp • O O UZ(7 m0 r • •y T 10 0 Q ' ca - o - U) ' ca 10 N ol m 70 o 4 70 cu o J o v� m U ' N N N N � ' • � N C O 7 IL O N U U � m Q (n 2 N m � (6 • C O Q � ' H O • • Q O I U N N U N W d O � J The subject site is currently being maintained by the applicant. The property remains clear and is mostly mowed grass. The Special Permit request is for the full 1-acre parcel. The proposed pavilion, covered decks, bathrooms, and general parking lot will encompass approximately 14,000 square feet. 3C. Institutional Considerations i. State Land Use The subject site is designated State Land Use Agricultural(Figure 5), and the Special Permit area consists of 1-acre. As such, no State Land Use Commission action is required. The County of Hawaii can process the Special Permit request. The U.S. Department of Agricultural Natural Resource Conservation Service (NRCS) has designated the property's soil as Keaukaha highly decomposed plant material (2k11d)with 2 to 10 percent slopes. This soil type is made from organic material over pahoehoe lava flows. It is considered well-drained, has a high runoff class, and is not considered prime farmland. In recognizing that lands within agricultural districts might not all 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 in such districts, Hawaii Revised Statutes Chapter 205-6 allows County Planning Commissions to permit certain unusual and reasonable uses within the agricultural and rural districts other than those for which the district is classified. ii. Special Management Area The subject property is approximately 3 miles inland from the coast and is outside of the Special Management Area. iii. County Zoning and General Plan The subject property is zoned A-la(Figure 6). The County General Plan LUPAG map designates the parcels as Rural. Relative to this designation, the General Plan allows consideration for a"Special Permit" on agricultural land where the requested use meets certain criteria as outlined in Section 4 of the permit application and Chapter 205 of the Hawaii Revised Statutes as amended. General Plan Discussion The Hawaii County General Plan serves as a guide for decision-makers in land use matters. It provides direction for balanced growth in the County. The proposed action will retain the essential character of the land and will be consistent with the surrounding area and with the goals, policies, and standards of the General Plan document. 11 y E /.¥_, U)21 q / \ \\\\ \\ Ly R: » du)(® _ \ \)}2 \ / \ _ §!)\\ G 3 � \\ � . § E \ 10 10 ` . cu ) cu U ' ) m cu ` C) 2 70 • ® J ` cu . ' . \ \ \ . 7 7 ' \ ° — . } 2 k e cd g @ U) Y U)Z-`p 0_ • O Q co O c-2` `O R O 0 p OQ...fD � m �O .T Q Z m ccom�U Q o W W 00 _T C W > � U m Z Em _ -u o= - N U) 0 _ N _- N 0 0 oo-wW — o o E��_T m Z 0 0 , E O Q 0:� M V =U1 O O o m O O Q d a 0 Z N O T L n C Q O O O O C) N T E T O O 5c ca �\ O o •� O O 10 N ol o - U ° 10 cu 10 2 a � o � m U N N N N C _ _ T O 7 CL � O N U U Q (n 2 N a� 3 rn � O 7 N N O N a� NU �6 O _ Q d N .O I� 2 The proposed construction of a church and supporting infrastructure would provide temporary employment for local construction workers and would support the economy through the purchase of construction materials from on-island suppliers. This will stimulate and support the general economic stability and development of Hawaii Island by allowing for local businesses to thrive and gain income from the proposed project. In the long-term, establishing a church will provide the applicant the opportunity to use charitable donations to advance community well-being through spiritual worship and acts of service such as free food donations. The proposed development would not provide adverse effects on the environment or the natural resources of the region. The General Plan identifies five (5) areas of environmental concerns - air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not be contrary to any of those objectives. The project will be energy conscious through its design features that take advantage of wind patterns. There may be a modest increase in vehicular emissions during construction, but otherwise all other air pollution associated with the project should be negligible. Air pollutants during construction will be limited and temporary. The main sources of short-term air pollutants are construction equipment exhaust and dust. Rules and regulations outlined in Hawaii Administrative Rules Chapter 59 "Ambient Air Quality," and Chapter 60.1 "Air Pollution," will be followed during all construction and operation activities. HAR §11-60 on Fugitive Dust prohibits visible emissions of dust from construction activities. These regulations will be strictly followed to prevent dust impacts to 24'Avenue. In addition, reasonable measures to control airborne and visible fugitive dust from road areas are outlined by the Department of Health's Clean Air Branch. These measures include, but are not limited to: • Planning the different phases of construction, focusing on minimizing the amount of airborne, visible fugitive dust-generating materials and activities, centralizing on-site vehicular traffic routes, and locating potential dust-generating equipment in areas of the least impact. • Providing adequate water sources at the site prior to start-up of construction activities; Landscaping and providing rapid covering of bare areas, including slopes, starting from the initial grading phase. • Minimizing airborne, visible fugitive dust from shoulders, and access roads. • Providing reasonable dust control measures during weekends, after hours, and prior to daily start-up of construction activities. • Controlling airborne, visible fugitive dust from debris being hauled away from the project site. Additionally, the long-term traffic generation, and thus vehicular emission, will be limited to twenty-three (23)possible vehicular trips for any given service or event. On 14 average, fifteen (15)vehicular trips will be made for weekly services, which occur outside of peak traffic hours. Up to twenty-three (23)vehicular trips may occur for monthly and yearly events, which will also occur outside peak traffic hours. Therefore, vehicular emissions during operation are not expected to have a significant impact. No impacts are anticipated to water quality. Minimal grading will be required. Construction Best Management Practices (BMPs)will prevent impacts from stormwater runoff. The proposed pavilion and supporting infrastructure will all be built in accordance with Federal, State, and County standards to prevent pollution and adhere to environmental regulations. An existing Individual Wastewater System (IWS) approved by the Department of Health will handle all wastewater. A portable bathroom facility is proposed on site for temporary church use before full buildout. The port-a- potty will be maintained and cleaned regularly. There are no known drainage or flooding issues on site. Construction BMPs and mitigating measures will prevent impacts to soil. The subject site is zoned Agricultural but has a Land Study Bureau Overall Productivity Rating of "E" or very poor. Temporary noise will occur during the construction of the project, however, there should be little, if any, long-term impacts. Rules and regulations outlined in Hawaii Administrative Rules Title 11, Chapter 46 "Community Noise Control" will be strictly followed. No significant visual impacts are expected to occur. The proposed development will be consistent with single-family residences and agricultural uses in the area. All State and County requirements to minimize the possibility for spills and hazardous materials will be followed during construction phases. Following the guidelines of State and County requirements, the applicant proposes the following: • Construction activities with the potential to produce polluted runoff will be limited to periods of low rainfall; • During construction, emergency spill treatment, storage, and disposal of all hazardous materials, will be explicitly required to meet all State and County requirements, and the contractor will adhere to "Good Housekeeping" for all appropriate substances, with the following instructions: o Onsite storage to minimum practical quantity of hazardous materials necessary to complete the job; o Fuel storage and use will be conducted to prevent leaks, spills or fires; o Products will be kept in their original containers unless un-resealable, and original labels and safety data will be retained; o Disposal of surplus will follow manufacturer's recommendation and all regulations; o Manufacturers'instructions for proper use and disposal will be strictly followed; 15 o Regular inspection by contractor to ensure proper use and disposal; o Onsite vehicles and machinery will be monitored for leaks and receive regular maintenance; o Construction materials, petroleum products, wastes, debris, and landscaping substances (herbicides, pesticides, and fertilizers)will be prevented from blowing, falling, flowing, washing or leaching into the ocean; and o All spills will be cleaned up and properly disposed of immediately after discovery. • Unused materials and excess fill (if any) will be properly disposed of at an authorized waste disposal site. With regards to flooding, The Federal Emergency Management Agency (FEMA)Flood Insurance Rate map (FIRM)identifies the parcels as Flood Zone "X" (areas outside of the 500-year flood). With regards to historic sites, although no commissioned archaeological survey of the site was conducted, it is highly unlikely that any historic sites would be found on the property as the parcels have been previously cleared. However, in the event any archaeological or historical features are found during any earth disturbance activity, work will stop within the affected area and appropriate clearances from the State DLNR-SHPD and County Planning Department will be secured before work resumes. The General Plan also emphasizes that developments be mindful of an area's natural beauty. The parcels are located roughly 3 miles from the coast and has no access to mountainous regions. Residential/agricultural properties surround the site on all sides. The proposed pavilion and supporting infrastructure will be consistent with single- family residences and land uses in the area. Coastal resources and access will not be impacted since the subject property is not adjacent to the shoreline. The proposed church facility will offer community services and provide fresh produce to families in the area, which aligns with the goal of providing public facilities that effectively service community needs. By providing food and services that improve the well-being of the community, the church facility will help to meet the community needs, while remaining in keeping with the environmental and aesthetic concerns of the area. Given the above, the project specifically fulfills the following pertinent land use goals, policies, and standards of the General Plan: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • Encourage urban development within existing zoned areas already served by basic infrastructure, or close to such areas, instead of scattered development. 16 The proposed project is the most desirable use of this agricultural land, which is not suitable for commercial agricultural use. The proposed development will be designed and constructed in conformance with the character of the surrounding neighborhood and will not result in an intensity of land use that is higher than what is permitted by the existing zoning. In view of the foregoing goals and policies, it is noted that the requested Special Use Permit would not be contrary to the County General Plan. iv. Puna Community Development Plan Community Development Plans are designed to translate and implement the goals, policies, and standards of the General Plan as they apply to specific communities and districts. Additionally, they serve as important framework for a community's intended outcome and vision and are often used as forum for community input of land-use, availability of public resources, and overall development. The Puna Community Development Plan (PCDP)was developed through the implementation of the 2005 County of Hawaii General Plan. The following goals and objectives outlined in the PCDP apply to the project area and proposed development. 3.1.1 Goals a. Puna retains a rural character while it protects its native natural and cultural resources. b. The quality of life improves, and economic opportunity expands for Puna's residents. c. Services and community facilities are more accessible in village/town centers that are distributed throughout the region, including the underserved subdivisions that have been experiencing higher levels of development growth. Discussion: The project is designed to preserve the rural character of the area, given its small-scale nature. Additionally, the project is intended to improve the quality of life of local families and individuals through the provision of spiritual and physical resources, including a place of worship and opportunities for food donations. This facility would be located within an underserved subdivision that has experienced significant levels of growth in recent years. 3D. Surrounding Zoning and Land Uses The subject property is zoned A-Ia. All adjacent land to the north, east, south, and west are also zoned A-la and contain single-family residences. Surrounding properties are residential in nature, some with light agricultural use. 17 Nine (9) Special Permit applications have been approved for similar purposes within 2 miles of the subject property (Figure 7): 1. SPP No. 20-000213 was approved for the development of a Church complex and accessory improvements on TMK (3) 1-5-048: 197 in 2020. This property is located roughly 1.3 miles northeast of the subject site. 2. SPP No. 14-000158 was approved for the Open Arms Metropolitan Community Church on TMK (3) 1-5-026: 117 in 2014. This property is located at the intersection of 12'Avenue and Maku`u, approximately 1.8 miles east of the subject site. 3. SPP No. 650 was first approved for the Free Church of Tonga on TMK (3) 1-5-043: 062 in 1987 and was amended in 2011. This property is located at the intersection of 17'Avenue and Kaloli Drive, approximately 1.3 miles north of the subject site. 4. SPP No. 1158 was approved for the Hilo Samoan Assembly of God Church on TMK (3) 1-5-050: 140 in 2002. This property is located at the intersection of 10' and Paradise Drive, approximately 1.85 miles northeast of the subject site. 5. SPP No. 915 was approved for The Way of Salvation Church on TMK (3) 1-5-035: 165 in 1995. This property is located at the intersection of 30'Avenue and Kaloli Drive, approximately 1.3 miles to the west of the subject site. 6. SPP No. 607 was first approved for the Paradise Park Church of the Nazarene on TMK (3) 1-5-017: 117 and 188 in 1985 and amended in 1993. This property is located roughly 0.4 miles to the southwest of the 32nd Avenue-Paradise Drive intersection, approximately 1.15 miles south of the subject site. 7. SPP No. 770 was first approved for a pre-school and day care on TMK (3) 1-5-017: 061 in 1981 and was amended in 1991. This subject site is now owned and operated by the Center for Spiritual Living. This property is located at the intersection of 31st Avenue and Paradise Drive, roughly 1 mile southwest of the subject site. 8. SPP No. 755 was approved for the Puna Seventh-day Adventist Church on TMK (3) 1-5-043: 091, 092, and 093 in 1990. This property is located at the intersection of 18th Avenue and Kaloli Drive, approximately 1.25 miles to the north of the subject site. 9. SPP No. 589 was approved for the Kingdom Hall of Jehovah Witnesses on TMK (3) 1-5-040: 228 in 1985. This property is located at the intersection of 25'Avenue and Paradise Drive, roughly 620 feet to the south of the subject site. 18 v s- mpr ,gpx ly-®R N SN Mg�.-A O"AF XA N ks SIP ............. g';p 49 X� V WN INK .VW 'IV M%I- NK kps W v4XA ...... . . ........ I I A R INNI k ff iFSV;011'� al 4g,g RV 4VA L --M.— &MIS, $t M W$b A_JoW wt oll"M m SSW.,NNNNN W111MI, -p 5 nnogg", AQ WNN g\gp,,MfflR MINN.' P-11P%Nvll�l I N, �S K�l t�� RINI MINNI-Mi- NNN R R Al I N NNNINk WN N SMIRV. ORY ma -V ION MKO MRz mmnnw- \g 011 Sm Q R MIN pt 3E. Flood Insurance Rate Map The Federal Emergency Management Agency's (FEMA)Flood Insurance Rate Map (FIRM) designates the subject property to be in Flood Zone X (areas outside of the 500- year floodplain) (Figure 8). The applicant has owned the property since 2017 and has not experienced any drainage or flooding issues on site. 3F. Archaeological Resources It is unlikely any archaeological resources will be encountered on the subject property as the site has been previously cleared and graded. The parcels are also part of the Hawaiian Paradise Park subdivision, which was first created in 1959. However, in the event any inadvertent discoveries are made during any land disturbance activity relating to this project, work will cease, and the applicant will immediately notify the Planning Department and State Historic Preservation Division to secure their clearances before proceeding further. 3G. Floral and Faunal Resources No professional survey of the flora and fauna was done on the property; however, the applicant does not believe that rare or endangered floral or faunal resources are likely to be found on site. The parcel was previously cleared and graded after the applicant purchased it in 2017. The subject site is currently being maintained by the applicant. The property therefore remains clear and is mostly mowed grass. Vegetation in the general area consists of albizia trees (Falcataria moluccana), coconut palm (Cocos nucifera), autograph tree (Clusia rosea), gunpowder tree (Trema orientale), areca palm (Dypsis lutescens), norfolk(Araucania heterophylla), and other invasive shrubs and grasses. Introduced bird species such as dove, Japanese white-eye, house finch, and myna are common in the area. Domestic animals such as cats, dogs, chickens, goats, and other animals such as feral rats and pigs are also common and not considered endangered. It is also possible for the endangered Hawaiian Hoary Bat(Lasiurus cinereus semotus), and the formerly endangered Hawaiian Hawk(Buteo solitarius)to fly over, roost or utilize resources near the property. The potential presence of native endangered birds in the area means the applicant will commit to mitigating measures. The State listed Hawaiian Hoary Bat or `Ope`ape`a (Lasiurus cinereus semotus) has the potential to occur in the vicinity of the project area and may roost in nearby trees. Hoary Bats may be sensitive to disturbance between June 1st and September 15th, throughout which no shrubs or trees taller than 15 feet may be disturbed or removed. 20 - i f ;■ AP ' ;F EW BASEMAP: FIRM BASEMAP �- meq: Flood Hazard Assessment Report www.hawaiinfip.org SPECIAL FLOOD HAZARD AREAS (SFHAs) SUBJECT TO INUNDATION BY THE 1%ANNUAL CHANCE FLOOD -The 1%annual chance flood (100- year),also know as the base flood, is the flood that has a 1%chance of being equaled or exceeded in any given year.SFHAs include Zone A,AE, AH, AO,V,and VE.The Base Flood Elevation (BFE) is the water surface elevation of the 1% annual chance flood. Mandatory flood insurance Property Information Notes: purchase applies in these zones: COUNTY: HAWAII Zone A:No BFE determined. TMK NO: (3)1-5-040:205 Zone AE:BFE determined. WATERSHED: KAAHAKINI PARCEL ADDRESS: 15-1662 PARADISE DR Zone AH:Flood depths of 1 to 3 feet(usually areas of ponding); KEAAU,HI 96749 BFE determined. Zone AO: Flood depths of 1 to 3 feet (usually sheet flow on Flood Hazard Information sloping terrain);average depths determined. FIRM INDEX DATE: SEPTEMBER 29,2017 Zone V:Coastal flood zone with velocity hazard(wave action); LETTER OF MAP CHANGE(S): NONE no BFE determined. FEMA FIRM PANEL: 1551661180F Zone VE:Coastal flood zone with velocity hazard(wave action); BFE determined. PANEL EFFECTIVE DATE: SEPTEMBER 29,2017 Zone AEF: Floodway areas in Zone AE. The floodway is the channel of stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 1% annual chance flood can be carried without increasing the BFE. NON-SPECIAL FLOOD HAZARD AREA-An area in a low-to-moderate risk THIS PROPERTY IS WITHIN ATSUNAMI EVACUTION ZONE: NO flood zone. No mandatory flood insurance purchase requirements apply, FOR MORE INFO,VISIT:http://www.scd.hawaii.gov/ but coverage is available in participating communities. THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: NO Zone XS(X shaded):Areas of 0.2%annual chance flood;areas of FOR MORE INFO,VISIT:http://dlnreng.hawaii.gov/dam/ 1%annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1%annual chance flood. Zone X:Areas determined to be outside the 0.2%annual chance 0 100 200 ft floodplain. Disclaimer:The Hawaii Department of Land and Natural Resources(DLNR)assumes no responsibility arising from the use, accuracy, completeness, and timeliness of any information contained in this report. Viewers/Users are OTHER FLOOD AREAS responsible for verifying the accuracy of the information and agree to indemnify the DLNR,its officers,and employ- ees from any liability which may arise from its use of its data or information. I Zone D: Unstudied areas where flood hazards are undeter- mined, but flooding is possible. No mandatory flood insurance If this map has been identified as'PRELIM/NARY',please note that it is being provided for informational purposes purchase apply,but coverage is available in participating commu- and is not to be used for flood insurance rating.Contact your county floodplain manager for flood zone determina- nities. tions to be used for compliance with local floodplain management regulations. Figure 8 If this cannot be avoided, woody plants greater than 15 feet(4.6 meters) tall should not be disturbed, removed, or trimmed without consulting the DLNR Division of Forestry and Wildlife (DOFAW). The State listed Hawaiian Hawk, or `Io (Buteo solitarius)is also known to occur in the project vicinity. If any tree cutting occurs between March and September, DOFAW must be consulted first. A pre-construction hawk nest search by a qualified ornithologist using standard methods must be conducted. If nests are found, no land clearing is permissible until October. The movement of plant or soil material between worksites, such as fill, must be minimized. Soil and plant material may contain invasive fungal pathogens such as Rapid `Ohi`a Death (ROD), vertebrate and invertebrate pests such as Little Fire Ants (Wasmannia auropunctata), or invasive plant parts that could harm native species and ecosystems. All equipment, materials, and personnel should be cleaned of excess soil. Gear that may contain soil, such as work boots and vehicles, should be thoroughly cleaned, and sprayed with 70% alcohol solution to prevent the spread of ROD and other harmful fungal pathogens. If any material removed from the site is moved to areas without fire ants or ROD, the material will be inspected and treated if necessary. No `Ohi`a trees are present on the properties; therefore, none will be cut down during construction. 3H. Valued Cultural Resources In view of the Hawaii Supreme Court's "PASH" and "Ka Pa`akai O Ka`Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated traditional and customary practices of this site. No known archaeological sites, historical, or cultural resources are known to be located on the property. It is not known whether the subject site or immediate area was ever used for traditional and customary rights by native Hawaiians. Given the residential development of the area, and that the site has been cleared, it would appear very unlikely that the site would serve such a purpose today and/or in the recent past. Thus, the project does not appear to present any cultural impacts. However, in the event documented claims of gathering or access are made of this site the applicant will honor them. 3I. Public Access The subject parcel is not adjacent to or near any shoreline or mountainous areas, therefore public access will not be impacted by the request. 3J. Description of Access Access to the subject property is via a driveway off 24'Avenue, approximately 150 feet north of its intersection with Paradise Drive. 24'Avenue is a two-lane paved road with a 40-foot right of way. All roads within Hawaiian Paradise Park are privately owned and maintained. 22 3K. Traffic Impacts The proposed weekly worship services and monthly food donation events are not expected to cause a significant or long-term increase in traffic, as they will occur outside of peak traffic hours. Moreover, the small size of the gatherings (approximately 15 cars for weekly service, and 23 cars for food donation events) makes a Traffic Impact Analysis Report (TIAR)unnecessary, as much less than fifty (50)vehicular trips are expected. The proposed project has planned for twenty-two (22)regular parking spaces, and one (1) ADA accessible stall. During food donation events, cars will not be able to stop or park along 24'Avenue or Paradise Drive but will be required to only use available parking stalls. The subject site is located on 24'Avenue, which is a paved road in good condition. All roads within HPP are privately owned and maintained by the homeowner's association and yearly fees paid by the residents of the subdivision. Traffic to the subject site is not expected to contribute to significant impacts to the road. Given that the project is for the benefit of the local community, it is not anticipated to impose a significant burden on the upkeep of the privately maintained roads. In addition, only one (1)full-time employee is proposed to take care of the grounds. One (1)vehicular trip to the property during peak traffic hours Monday to Friday will not significantly increase traffic in the area. The applicant resides on the parcel to the north identified as TMK (3) 1-5-040: 206 and will therefore not contribute an additional vehicular trip to the property for services or events. Overall, it is anticipated that traffic generated by the project will be minimal and manageable. 3L. Availability of Utilities Electricity: Electric service is not currently active on the subject property. However, an existing utility pole is located on the north corner of the subject property. This pole can be used to establish electricity to the site without requiring any additional poles. Water: A 10,000-gallon rainwater catchment tank will serve all non-potable and fire emergency water needs. Should the fire department require additional on-site water for fire suppression, the applicant will comply. A separate water tank will be used for potable water. Wastewater: Wastewater will be handled via an existing Individual Wastewater System (IWS) approved by the Department of Health with sufficient capacity to support the two (2)proposed detached bathrooms. During temporary use, the site will contain a portable bathroom facility, which will be maintained regularly. Other Utilities: All other utilities are available to the site. 23 III. REGULATORY ANALYSIS 4A. Coastal Zone Management The proposed use is not contrary to Chapter 205A, Coastal Zone Management as the subject parcels are approximately 3 miles inland from the shoreline. The project will therefore not be impacted by coastal hazards, affect erosion, coastal ecosystems, or marine resources. There is no public access, scenic or open space resources that will be impacted by the project. 4B. Impacts to Surrounding Properties Noise and Scenic Views The proposed church will not have a significant impact to the surrounding properties. Some short-term noise and dust impacts may occur during the construction of the pavilion and covered decks; however, these will not be significant nor exceed construction conditions of typical single-family residences in the area. Noise during weekly service will be limited and minimal. A microphone with an amplifier is typically used, however, both are very low in volume. Traditional hymns are played throughout the service using piano, ukulele, and harmonica, which are inherently low volume instruments that are not expected to cause significant noise impacts. The proposed project will not affect any scenic views. The parcels are located roughly 3 miles from the coast and has no access to mountainous regions. Residential properties surround the site on all sides. The proposed pavilion and supporting infrastructure will be consistent with single-family residences and land uses in the area. Traffic Traffic is not expected to increase significantly during peak traffic hours under the request. Proposed weekly services on Sundays and Wednesdays will occur outside of peak traffic hours. Approximately fifteen (15) cars are anticipated per service each week. Food donation events may generate traffic up to twenty-three (23)vehicles, once monthly. Cars will not be able to stop or park along 24'Avenue or Paradise Drive but will be required to only use available parking stalls on the subject property to reduce potential impacts. The food drives will be open to the public. The benefit of such events far outweighs potential short-term increases in traffic. Traffic to the subject site is not expected to contribute to significant impacts on 24th avenue. Given that the project is for the benefit of the local community, it is not anticipated to impose a significant burden on the upkeep of the privately maintained roads. Outside of weekly service the subject site will be managed by one (1)full time employee. One (1) vehicular trip to the property during peak traffic hours Monday to Friday will not significantly increase traffic in the area. Furthermore, the applicant resides on parcel 206 and therefore will not contribute to traffic for regular weekly services. 24 4C. Impacts to Public Agencies The proposed project will not unreasonably burden public agencies to provide roads, streets, sewers, water, drainage, school improvements, and police and fire protection. Roads within HPP are privately maintained by the HPP Homeowner's Association, therefore public agencies will not be unreasonably burdened to maintain the roadways under this request. Installation of water and wastewater systems will be the responsibility of the applicant, meeting the approvals of the Department of Public Works and the Department of Health. Water storage capacity will meet any fire protection requirements. 41). Unusual Conditions Hawaii Revised Statues §205-6 allows the County Planning Commission to permit certain unusual and reasonable uses within the Agricultural and Rural districts, acknowledging that lands within agricultural districts might not be best suited for agricultural activities. Unusual conditions, trends and needs have arisen since the district boundaries and regulations were established. The subject property is located within the Agricultural district, however, the residential nature of the subdivision, and poor soil quality of the site, means it is not well suited for intensive or commercial agricultural practices. The subject site is classified by the Land Study Bureau Overall Master Productivity Rating as "E" or very poor, which is the lowest productivity rating. The soil type is also not considered prime farmland according to the NRCS. Hawaiian Paradise Park is a rapidly growing and underserved subdivision for community services and facilities. The Puna Community Development Plan acknowledges the need for accessible services in these areas, as outlined in Goal 3.1.1 (c) discussed above in Section 3C (iii), which states "Services and community facilities are more accessible in village/town centers that are distributed throughout the region, including the underserved subdivisions that have been experiencing higher levels of development growth. " There is a demand for facilities to provide for the spiritual needs of residents within the community. Nine (9) other church facilities have received Special Permit approval within 2 miles of the subject site since 1985. These are listed above in Section II, 3D. The approval of Special Permits for established churches in the area found that such uses are low-impact and consistent with the surrounding area's land use and aesthetic, provided that sufficient setbacks and appropriate screen landscaping are in place. The proposed project would be no different, as only minor development and moderate parking is proposed. Sufficient setbacks will be implemented including a 30-foot front and rear yard setback and 20-foot side yard setbacks. Landscaping will be used to screen the property from 24'Avenue and neighboring parcels. 25 The proposed church facility is designed to promote spiritual and physical well-being for the community, providing free produce and services with minimal impact to the surrounding area. 4E. Land Suitability for Permitted Uses According to the Land Study Bureau Overall Master Productivity Rating, the subject property is classified as "E" or very poor, which is the lowest productivity class. Poor soil quality of the site means it is not well suited for intensive or commercial agricultural practices. The low-impact nature of the request means that granting this request would not have a negative impact on the agricultural potential of the site. The request is similar in scale and impact to the construction of a single-family residence on the subject property. 4F. Land Character and Present Use The subject site is currently vacant and not in use. It was cleared and graded after the applicant purchased the property in 2017. There are no existing structures on site. The proposed use will not substantially alter or change the essential character of the land. The proposed pavilion, covered decks, bathrooms, and parking area will cover roughly 14,000 square feet. The total Special Permit area will cover the full 1-acre parcel. The requested Special Permit use intends to utilize a portion of the property, which has a Land Study Bureau rating of"very poor", to complement the agricultural use of the property in a manner that is unusual, reasonable, and mutually beneficial to both. Agricultural activities will utilize raised garden beds, high-quality soil, and supplemental nutrients due to the lands poor soil quality. Therefore, the Special Permit request does not intend to alter the essential character of the land, but rather to realize its potential through the addition of an unusual, yet compatible, and reasonable use that will have a positive impact on the surrounding community. 4G. Relationship to General Plan The proposed use will not be contrary to the goals, policies, and standards of the General Plan or the Puna Community Development Plan. Further, as discussed in Section 3C, the proposed use conforms to the General Plan's economic, environmental, and land use goals and policies, including the following: Economic Element • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. 26 Public Facilities Element • Encourage the provision of public facilities that effectively service community and visitor needs and seek ways of improving public service through better and more functional facilities in keeping with the environmental and aesthetic concerns of the community. Land Use Element • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. Discussion: Approval of the requested Special Permit would be in line with the economic, public facilities, and land use goals and policies of the General Plan. The project would provide residents some economic relief and improvement to quality of life by conducting monthly food drives for community members. In addition, the proposed facility and land use are low-impact and are in balance with the physical and social environment of the area. 4H. Unusual and Reasonable Use The proposed use is an unusual and reasonable use of the land, which would not be contrary to the objectives sought by the Land Use Law and Regulations, which for the Agricultural District, seek to preserve or keep the land of high agriculture potential in agriculture use. Lands in the Agricultural District include areas with high capacity or potential for agricultural uses but also lands which are surrounded by or contiguous to agricultural lands, and which are not suited to agricultural uses by reason of topography, soils, or other related characteristics. The land on which the proposed church would be located is not well suited for commercial agricultural use as it is classified by the Land Study Bureau as "very poor". Approval of this Special Permit would enable the applicant to optimize the overall use of the land by also establishing a church for its members, while not degrading the agricultural potential of the site. The project would provide the applicant the opportunity to use charitable donations to advance community well-being through spiritual worship and acts of service such as free food donations. Therefore, the subject property is a reasonable and ideal setting for the church and community services and would not adversely impact the agricultural land inventory in the County of Hawaii and would not be contrary to the intent and purpose of the State Land Use Law. 27 pq w.�ra:R y ire i it i' DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII _ 345 KEKDANAO•ASTREET, SUITE 20 HILO, HAWAII 96720 TELEPHONE (808) 961-8050 - FAX (808)961-8657 April 29, 2024 CDH PLANNING DEPT APR 30 2-02-4?H3:0.3 REC'D HAND DELIVERED TO: Mr. Zendo Kern, Director Planning Department FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Special Permit Application (PL-SPP-2024-000063) Applicant: Brian Kroll Request: To Allow the Establishment of Church and Related Improvements, including a Temporary Church Use in a Tent Structure Tax Map Key (3) 1-5-040:205 We have reviewed the subject application and have the following comments. We have no objection to the subject application as the use of a private rainwater catchment system to provide water service has been shown to exist on the property. However,we cannot approve or comment as to the adequacy of those systems as they do not meet the requirements of Water System Standards. We recommend that the applicant consult the County of Hawaii, Planning Department, County of Hawaii, Department of Public Works, and/or the State of Hawaii, Department of Health to determine any other guidelines, recommendations, or regulations regarding the use of rainwater catchment systems. Should there be any questions,please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at(808)961-8070, extension 256. Sincerely yours, Keith K. Okamoto, P.E. Manager-Chief Engineer RQ:dfg Planning Dept copy -- Mr. Brian Kroll, Pacific Baptist Church Exhibit 2 Land Planning Hawaii, LLC Water, Our Most 1Trecious&source. . . Ya `[Nai-A Kane. , . The Department of Water Supply is an Equal Opportunity provider and employer. DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: April 29, 2024 IffewaW0449 fL TO: Zendo Kern, Planning Director FROM: Department of Public Works, Engineering Division SUBJECT: Special Permit Application (PL-SPP-2024-000063) Applicant: Brian Kroll Request: To Allow the Establishment of Church and Related Improvements, Including a Temporary Church Use in a Tent Structure TMK: 1-5-040:205 We have reviewed the subject request and provide the following comments: 1 . The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. 2. All development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works, Engineering Division. 3. All activities shall comply with the requirements of Hawaii County Code (HCC), Chapter 10, Erosion and Sedimentary Control. Questions may be referred to Robyn Matsumoto at 961-8924. Planning Dap,. Exhibit 3 County of Hawaii is an Equal Opportunity Provider and Employer ��ZY OF•�� U ` BUILDING DIVISION - DPW COUNTY OF HAWAII— 101 Pauahi Street, Suite 7— Hilo, Hawaii 96720 Hilo Office (808) 961-8331 . Fax (808) 961-8410 Kona Office (808) 323-4720 Fax (808) 327-3509 April 30, 2024 TO: Jessica Andrews - County of Hawaii — Planning Dept. County Of Hawaii Planning Department 101 Pauahi St. Ste. #3 Hilo, HI. 96720 SUBJECT: Special Permit Application PL-SPP- 2024-000063 Applicant: Margret Ilie Request: To Allow the Establishment of Church and Related Improvement, Including a Temporary Church Use in a Tent Structure TMK: (3) 1-5-040-205, Keaau, Puna District, Hawaii This is to inform you that our records on file, relative to the status of the subject discloses that: ❑ No Building permit was issued for work done on the premises. ❑ No building permit was issued for the change of occupancy. ❑ At the time of completion, the subject complied with all Building Code regulations that were in effect. ❑ Variance from any building regulation (Building, Electrical, Plumbing, or Sign) was/was not granted. ❑ The following violations(s) still outstanding: See complaint CE2023-00104 ❑ Building ❑ Electrical ❑ Plumbing ❑ Sign ® Others: All new construction shall comply with current codes in effect. Any Temporary Structures shall comply with Temporary Structure permitting process per HCC code Chapter 5 section 5-7-4 This status report reflects Building Division records only and does not include information from other agencies. Should you have any questions regarding maters contained herein, please feel free to contact Chris Domino at phone no. (808) 323-4720 Planning Dept. Hawai'i County is an Equal Opportunity Provider and Employer Exhibit 4 BD-10 Mitchell'D.Roth Ramzi I.Mansour blalc,. Mayor :' :* Director Deanna S. Sako Brenda Iokepa-Moses Deputy Director Managing Director County of Hawail DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a Street,Suite 41 -Hilo,Hawai'i 96720 •cohdem@hawaiicounty.gov Ph: (808)961-8083 •Fax: (808)961-8086 MEMORANDUM TO: Zendo Kern, Director Planning Department FROM: Ramzi I. Mansour, Directo t' Department of Environmental Management DATE: April 3, 2024 SUBJECT: Special Permit Application(PL-SPP-2024-000063) Applicant: Brian Kroll Request: To Allow the Establishment of Church and Related Improvements, Including a Temporary Church Use in a Tent Structure Tax Map Key: (3) 1-5-040:205, Kea`au, Puna District, Hawaii The Solid Waste Division has reviewed the subject application and provides the following comments (Contact the Solid Waste Division for details). • Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. • Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. • Ample room should be provided for rubbish and recycling. • Green.waste may be transported to the green waste sites located at the West Hawaii Organics Facility and East Hawaii Organics Facility, or other suitable diversion programs. • Construction and demolition waste is prohibited at all County Transfer Stations. The Wastewater Division has reviewed the subject application and provides the following comments (contact the Wastewater Division for details): • No County sewer system in area. Applicant shall follow Hawaii Department of Health, and all other applicable federal, state, and county regulations. Planning Dept. County of Hawaii is an Equal Opportunity Provider and Employer Exhibit 5 JOSH GREEN, M.D. KENNETH S. FINK, M.D,MGA, MPH 6...........9 GOVERNOR OF HAWAII r�+•"ys9'�;' DIRECTOR OF HEALTH KE KIA'AINA O KA MOKU'AINA O HAWAI'I y,: KA LUNA HO'OKELE 4Q.�q•©.I�t�•r]oG� STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: April 2, 2024 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Special Permit Application (PL-SPP-2024-000063) Applicant: Brian Kroll Request: To Allow the Establishment of Church and Related Improvements, Including a Temporary Church Use in a Tent Structure Tax Map Key: (3) 1-5-040:205, Kea`au, Puna District, Hawaii In most cases,the District Health Office will no longer provide individual comments to agencies or project owners to expedite the land use review and process. Agencies,project owners, and their agents should apply Department of Health "Standard Comments"regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: hLtps:Hhealth.hawaii.gov/epo/landuse/. Contact information for each Branch/Office is available on that website. Note: Agencies and proiect owners are responsible for adhering to all applicable standard comments and obtaining proper and necessary permits before the commencement of any work. General summary comments have been included for your convenience. However, these comments are not all-inclusive and do not substitute for review of and compliance with all applicable standard comments for the various DOH individual programs. Clean Air Branch 1. All project activities shall comply with the Hawaii Administrative Rules (HAR), Planning Dept. Exhibit 6 Zendo Kern April 2, 2024 Page 2 of 4 Chapters 11-59 and 11-60.1. 2. Control of Fugitive Dust: You must reasonably control the generation of all airborne, visible fugitive dust and comply with the fugitive dust provisions of HAR §11-60.1-33. Note that activities that occur near existing residences, businesses,public areas, and major thoroughfares exacerbate potential dust concerns. It is recommended that a dust control management plan be developed which identifies and mitigates all activities that may generate airborne and visible fugitive dust and that buffer zones be established wherever possible. 3. Standard comments for the Clean Air Branch are at: https://health.hawaii._gov/epo/landuse/ Clean Water Branch 1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55. 1. The following Clean Water Branch website contains information for agencies and/or project owners who are seeking comments regarding environmental compliance for their projects with HAR, Chapters 11-53, 11-54, and 11-55: https://health.hawaii.gov/cwb/clean-water-branch-home- page/cwb- standard-comments/. Hazard Evaluation & Emergency Response Office 1. A Phase I Environmental Site Assessment(ESA) and Phase II Site Investigation should be conducted for projects wherever current or former activities on site may have resulted in releases of hazardous substances, including oil or chemicals. Areas of concern include current and former industrial areas,harbors, airports, and formerly and currently zoned agricultural lands used for growing sugar, pineapple or other agricultural products. 2. Standard comments for the Hazard Evaluation& Emergency Response Office are at: haps://health.hawaii.gov/epo/landuse/. Indoor and Radiological Health Branch 1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11- 502, 11-503, and 11-504. 2. Noise may be generated during demolition and/or construction. The applicable maximum permissible sound levels, as stated in Title 11, HAR, Chapter 11-46, "Community Noise Control,"shall not be exceeded unless a noise permit is obtained from the Department of Health. 3. Construction/Demolition Involving Asbestos: If the proposed project includes renovation/demolition activities that may involve asbestos, the applicant should contact the Asbestos and Lead Section of the Branch at haps://health.hawaii.gov/irhb/asbestos/. Safe Drinking Water Branch Zendo Kern April 2, 2024 Page 3 of 4 1. Agencies and/or project owners are responsible for ensuring environmental compliance for their projects in the areas of 1)Public Water Systems; 2) Underground Injection Control; and 3) Groundwater and Source Water Protection in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11- 25. They may be responsible for fulfilling additional requirements related to the Safe Drinking Water program: haps://health.hawaii.gov/sdwb/. 2. Standard comments for the Safe Drinking Water Branch can be found at: https://health.hawaii.gov/e/epo/landuse/. Solid &Hazardous Waste Branch 1. Hazardous Waste Program - The state regulations for hazardous waste and used oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the identification, handling, transportation, storage, and disposal of regulated hazardous waste and used oil. 2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters 339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282. Generators and handlers of solid waste shall ensure proper recycling or disposal at DOH-permitted solid waste management facilities. If possible,waste prevention, reuse, and recycling are preferred options over disposal. The Office of Solid Waste Management also oversees the electronic device recycling and recovery law, the glass advanced disposal fee program, and the deposit beverage container program. 3. Underground Storage Tank Program —The state regulations for underground storage tanks are in HAR Chapter 11-280.1. These rules apply to the design, operation, closure, and release response requirements for underground storage tank systems, including unknown underground tanks identified during construction. 4. Standard comments for the Solid& Hazardous Waste Branch can be found at: https://health.hawaii.gov/epo/landuse/. Wastewater Branch For comments,please email the Wastewater Branch at.doh.wwbgdoh.hawaii.gov. Sanitation/Local DOH Comments: 1. According to HAR §11-26-35,No person, firm, or corporation shall demolish or clear any structure without first ascertaining the presence or absence of rodents that may endanger public health by dispersal from such premises. Should any such inspection reveal the presence of rodents, the rodents shall be eradicated before demolishing or clearing the structure. A demolition permit is required prior to demolition. Zendo Kern April 2, 2024 Page 4 of 4 Other 1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit recommends that state and county planning departments, developers,planners, engineers, and other interested parties apply these principles when planning or reviewing new developments or redevelopment projects. 2. If new information is found or changes are made to your submittal, DOH reserves the right to implement appropriate environmental health restrictions as required. Should there be any questions on this matter,please contact the Department of Health, Hawaii District Health Office, at(808) 933-0917.