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HomeMy WebLinkAboutPD BACKGROUND REPORT BHopeDiamendSPRak.5.6.24 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT HOPE DIA-MEND MINISTRIES CORPORATION SPECIAL PERMIT APPLICATION NO. PL-SPP-2023-000058 HOPE DIA-MEND MINISTRIES CORPORATION 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 92-8988 Ginger Blossom Lane, approximately 300 feet south of its intersection with Sea Breeze Parkway, Hawaiian Ocean View Estates, Ocean View, Ka`u, Hawaii, TMK: (3) 9-2-008:019. APPLICANT'S REQUEST 1. Request: The applicant is requesting a Special Permit to construct and operate a church and related uses on a 1-acre parcel of land situated in the State Land Use Agricultural District. The applicant also wishes to temporarily use a canopy tent on site for church services for 18 months until the permanent facilities are constructed. The proposed church facility consists of the following components: ■ A new, 1,600 square foot(40' x 40') enclosed church structure with a restroom facility. The church will be constructed with walls that provide an adequate barrier to mitigate noise impacts on surrounding property owners. Additional improvements include potable and non-potable water tanks. ■ A gravel driveway from Ginger Blossom Lane and a 38-stall gravel parking lot, including 4 ADA accessible parking stalls. ■ A vegetative buffer around three sides of the property to mitigate noise and visual impacts. ■ Until the permanent facility is constructed, the applicant proposes to erect a temporary tent structure and use portable toilets to accommodate regular services. A temporary building permit will be obtained for this proposed use. In order to mitigate noise impacts, there will be no amplified sound during any services held in the temporary tent structure. 2. Reasons for Request: According to the application, in September 2022, the applicant received a Notice of Complaint letter from the Hawai`i County Planning Department regarding unpermitted use of the property as a church in the State Land Use Agricultural District(Planning Department Exhibit 1-Notice of Complaint Letter dated September 15, 2022). After the warning letter was issued,the landowner provided an email indicating they had ceased to hold any further church services on the site, which was acknowledged by the Planning Department in a letter dated October 14, 2022 (see Exhibit A of the Application). However, on March 15, 2023, the landowner received a Notice of Violation and Order stating that the Planning Department was still receiving complaints from the community regarding the ongoing unpermitted activity on the property (see Exhibit B of the Application). A Daily Fines Letter was also received on July 24, 2023, even though, according to the applicant, no church service had been held on the property since receiving the initial warning letter (see Exhibit C of the Application). In addition, all information regarding active services has been removed from the church website. This Special Permit Application intends to legitimize a temporary and permanent church facility and related infrastructure on site. According to the applicant, Hawaiian Ocean View Estates is a severely underserved subdivision with a need for community church services. 3. Hours of Operation/Attendees: Three weekly services are proposed, including Sunday service between 7:00 a.m. and 3:00 p.m., bible study classes on Tuesdays between 4:00 p.m. and 7:00 p.m., and worship practice on Wednesdays between 4:00 p.m. and 6:00 p.m. An average of 50 people is expected to attend Sunday service and approximately 20 people are expected for bible study classes on Tuesday nights, including volunteers. Five people will attend weekly worship practice on Wednesday evenings to practice music performed on Sundays. 4. Staff: The Pastor will perform all Sunday services. Sunday school and Bible studies are run by volunteers (which are included in the attendees count above). Volunteer musicians perform worship music during Sunday service and practice on Wednesday evenings. 5. Development Timeline and Cost: The applicant plans to begin the building permit process immediately after issuance of the Special Permit. Construction is anticipated to take approximately 2 years and cost roughly $100,000. 6. Landowner: Hope Dia-Mend Ministries Corporation. 7. Supportive Information: The applicant has submitted the attached in support of the 2 request: (Planning Department Exhibit 2 — Special Permit Application received on November 21, 2023, and Planning Department Exhibit 3 - Additional information received on March 14, 2024). DESCRIPTION OF STATE & COUNTY PLANS 8. State Land Use District: Agricultural. 9. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Rural. 10. County Zoning: Agricultural-1 acres (A-la). 11. Ka`n Community Development Plan (KCDP): The Ka`u CDP was adopted by Ordinance 17-66 on October 17, 2017, by the Hawaii County Council. 12. Special Management Area (SMA): The permit area is located approximately 6 miles from the nearest coastline; thus, it is not located within the SMA. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 13. Subject Property: The subject, 1-acre property is rectangular in shape and located on Ginger Blossom Lane within the Hawaiian Ocean View Estates (HOVE) subdivision. The property has been cleared of vegetation and graded and is currently unimproved with any permanent structures or improvements. According to the applicant, temporary structures currently on the property include a wooden shade cover, three shipping containers for storage, and a mobile trailer toilet facility. According to the Department of Public Works, there is an open grading violation on the property from 2022, pertaining to recent land clearing. The applicant has indicated that they are working with a civil engineer to resolve the matter. 14. Surrounding Zoning and Land Uses: All adjacent land to the north, east, south, and west are zoned Agricultural-1 Acres (A-la) and consist of single-family residences and vacant land. The closest dwelling is located approximately 80 feet to the northeast of the subject parcel. 15. USDA Soil Survey Report: A`a lava flows with 2 to 20 percent slopes (2klfr). This soil type is excessively drained and has a very low runoff class. It is not considered prime farmland. 16. Flood Insurance Rate Map (FIRM): Zone "X," determined by FEMA to be an area of minimal flood hazard. 3 17. Land Study Bureau's Overall Productivity Rating: "E" or Very Poor. 18. Agricultural Lands of Importance to the State of Hawaii (ALISH): Undesignated by the ALISH. 19. Flora and Fauna Resources: No professional floral or faunal survey was conducted for the permit area as the parcel was previously cleared and graded and contains minimal vegetation. Faunal resources in the area 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 State listed Hawaiian Hoary Bat, and Hawaiian Hawk to fly over, roost or utilize resources near the property. The applicant provided proposed mitigation measures to avoid project related impacts on these species as necessary. According to the State Division of Forestry and Wildlife (DOFAW), the project area is within the range of the State listed Blackburn's Sphinx Moth and they suggest mitigation treatment for that species as well as general advice on mitigation for seabirds, native plant landscaping, and avoiding the spread of Rapid `Ohi`a Death. 20. Archaeological Resources: No commissioned archaeological studies were conducted for the project area as the site has been fully cleared and has been previously graded. Additionally, the most recent lava flow to cover the site occurred in 1907, thus it is unlikely that historic or archaeological sites are present on the property. 21. 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. 22. Public Access: There is no known public access to the mountains or the shoreline that runs through the permit area. PUBLIC SERVICES AND FACILITIES 23. Access/Traffic: Access to the subject parcel will be provided by a single gravel driveway from Ginger Blossom Lane, a privately owned and maintained roadway with approximately 20 feet of pavement within a 40-foot right-of-way. According to the HOVE 4 Road Maintenance Corporation, parking is prohibited on private roads in HOVE, and all parking shall be situated on the subject property. The applicant proposes to install a 38- stall, gravel parking area including 4 ADA compliant parking stalls. The applicant anticipates approximately 38 cars for Sunday services based on available parking, 10 to 15 vehicular trips for Tuesday services and 5 vehicle trips on Wednesday evenings. 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. 24. 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, 4,000-gallon closed water tank for potable water needs. According to the applicant, water will be trucked in to ensure sufficient potable and non- potable water needs are met. 25. Wastewater: There is no county sewer system in the area. The applicant proposes to utilize portable toilets for wastewater generated by use of the temporary tent structure and to construct a new individual wastewater system in conjunction with the permanent church structure. Based on staff consultation with the Department of Public Works, Building Division, construction of permanent bathroom facilities will be required pursuant to the Building and Plumbing Codes as part of the building permit for the permanent facility. The preceding will also require the applicant to install an individual wastewater system meeting with the requirements of the State Department of Health. 26. Other Essential Utilities and Services: Electrical service is not available to the site; thus, the applicant proposes to use a generator to provide electricity. Telephone and internet services are available via mobile networks. Fire, Police, and medical services are available from Ocean View, Na`alehu, and Pahala respectively. AGENCY COMMENTS AND APPLICANT'S RESPONSES 27. Department of Public Works-Engineering Division: Planning Department Exhibit 4 —April 29, 2024, Memo 28. Department of Water Supply: Planning Department Exhibit 5— April 18, 2024, Memo 29. Department of Environmental Management: Planning Department Exhibit 6 — 5 April 3, 2024, Memo 30. State Department of Land and Natural Resources-Division of Forestry and Wildlife: Planning Department Exhibit 7—May 24, 2024, Memo 31. State Department of Health: Planning Department Exhibit 8 —April 12, 2024, Memo 32. Department of Public Works-Building Division: Planning Department Exhibit 9 — May 3, 2024, Memo AGENCIES —NO COMMENT OR CONCERN 33. Police Department, State Office of Planning and Sustainable Development, State Department of Land and Natural Resources- Land Division. AGENCIES —NO RESPONSE 34. Fire Department, State Land Use Commission, State Department of Agriculture, HOVE Road Maintenance Corporation. PUBLIC COMMENTS 35. Planning Department Exhibit 10 —Public Testimony from Chris Enos by Email dated May 7, 2024 36. Planning Department Exhibit 11 —Public Testimony from Chris Enos and Carol Hall by letter dated May 16, 2024 37. Planning Department Exhibit 12 —Public Testimony from Jonette Kiesow by email dated June 4, 2024 38. Planning Department Exhibit 13 —Public Testimony from Kimberly Hill by email dated June 4, 2024 39. Planning Department Exhibit 14 — Public Testimony from James Ontai III by email dated June 10, 2024 40. Planning Department Exhibit 15 —Public Testimony from Chris Enos and Carol Hall by email dated June 14,2024, containing three video links 41. Planning Department Exhibit 16 — Public Testimony from Eric Kiesow by email dated June 19, 2024 42. Planning Department Exhibit 17 — Public Testimony from Carrie Cameron by email dated June 22, 2024 6 APPLICANT'S RESPONSE TO PUBLIC COMMENTS 43. Planning Department Exhibit 18 — Response to public testimony from John Pipan, Land Planning Hawaii, by letter dated June 11, 2024 7 tY Oi M Mitchell D.Roth �.• „ .�, Zendo Kern MayorDirector Lee E.Lord Jeffrey W.Darrow Managing Director Deputy Director West Hawa'i'i Office East Hawaii Office 74-5044 Ane Kcohokalole Hwy • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawail Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 CERTIFIED MAIL 7021 2720 0000 5046 5647 September 15, 2022 Hope Dia-Mend Ministries Corporation P.O. Box 6396 Ocean View, Hawaii 96737-6393 Dear Sirs: SUBJECT: Notice of Complaint Complaint: Unpermitted Non-Agricultural Activity (Church) File No.: PCV-2022-00274 TMK: 9-2-008:019, Hawaiian Ocean View Estates, Kahuku, Kau, Hawaii We have received a complaint alleging that you are operating an unpermitted non-agricultural activity (Church) on the subject property. BACKGROUND Our initial investigation based on a complaint has revealed the following: 1. Subject Property: Tax Map Key Number 9-2-008:019 2. Owner: Hope Dia-Mend Ministries Corporation 3. Lot Size: 1 acre 4. State Land Use: Agricultural (A) 5. County Zoning: Agricultural (A-la) 6. Chapter 25, Hawaii County Zoning Code, Section 25-5-72 (Permitted uses) "Church"is not listed as a permitted use. 7. Chapter 25, Hawaii County Zoning Code, Section 25-5-72(d) (The following uses may be permitted in the A district, provided that a use permit is issued for each use if the building site is outside of the State land use agricultural district or a special permit is issued for each use if the building site is within the State land use agricultural district: (3) Churches, temples and synagogues. www.planiiiiig.hawaiicountV.gOV Hawaii County is an Equal Opportunity Provider and Employer Planning(t)hawaiicounty.gov Planning Dept. Exhibit 1 Hope Dia-Mend Ministries Corporation September 15, 2022 Page 2 S. There is no record of a Special Use Permit being issued for the subject property. NOTICE This letter serves as a warning that there may be a violation of Chapter 25, Hawaii County Zoning Code on your property. We want to give you the opportunity to disprove the complaint or take necessary corrective action listed below. To respond to the complaint, you must do one of the following by the "Deadline Date" of October 17, 2022. If you are not operating a non-agricultural activity as defined above,then do the following: 1. Provide a written letter to our office by the "Deadline Date" (Attention to: Ms. Elizabeth Gillis, Planning Inspector) with a statement that you are not operating a Church on the subject property. 2. Contact our planning inspector, Ms. Elizabeth Gillis to arrange a date and time prior to the deadline date to have the property inspected to verify compliance. Upon receipt of your letter and after our satisfactory review we may close the complaint process with no formal action depending on the evidence that you provide to this office. If you are operating a non-agricultural activity as defined above, then do the following: 1. Provide a written letter to our office by the "Deadline Date" (Attention to: Ms. Elizabeth Gillis, Planning Inspector) with a statement that you have stopped the non-agricultural activity on the property. 2. Immediately cease using the property as a Church. 3. Apply for a Special Use Permit if you intend to operate non-agricultural activities, Church, in the future. 4. Contact our planning inspector, Ms. Elizabeth Gillis to arrange a date and time prior to the deadline date to have the property inspected to verify compliance. Upon receipt of your letter and after our satisfactory review we may close the complaint process with no formal action depending on the evidence that you provide to this office. GENERAL INFORMATION What happens if you do not correct the alleged violation? If your letter is not received by the "Deadline Date" listed above, then your property will be further investigated and the observations evaluated; if a violation is determined to exist, you will be issued a "Notice of Violation and Order" where an Initial Civil Fine along with daily fines will be assessed, and legal action may be taken against you. Hope Dia-Mend Ministries Corporation September 15, 2022 Page 3 Should you acquire the services of an attorney/counsel representation then you are required to also submit a letter of consent with your response letter authorizing the County to correspond and respond to the attorney/counsel representation. Questions regarding completion of Corrective Actions, contact Planning Inspector, Ms. Elizabeth Gillis at the West Hawaii Office at 808-323-4770 or by email at elizabeth. i_ l�liskhawaiicoun ov. For questions regarding Chapter 25 of the Hawaii County Code (Zoning), contact Jeff Darrow at the Hilo Office at 808-961-8288 or by email at jeff.darrow(c�r�,hawaiicounty. oovv. Sincerely, lericlo IKrrn(S r p 19,2022 08:22 NS.i.. ZENDO KERN Planning Director EGG \\coh141v\Planning\Staff\Libbv\Enforcement\Qlcpj2ki Mend Mnis ra�sNo6c e Ltr,,, Zoho Sign Document ID:2A6681DB-SPON D9CHEG—DLP RVLQAUG54DS6TXBOK91QM000N7_LQ SPECIAL PERMIT APPLICATION COUNTY OF HAWAII PLANNING COMMISSION (Type or legibly print the requested information) APPLICANT(S): Hope Dia-Mend Ministries Corporation APPLICANT'S SIGNATURE: `'�� 74" DATE: Nov 21 2023 14:54 PST ADDRESS: P.O. Box 6393 Ocean View, HI 96737 LIST APPLICANT'S INTEREST (if not owner): PHONE: (Bus.) 808-929-8137 (Res.) (Email) hannah(EDburrillcpa.com REQUEST: Special Permit to allow the operation of a legal organized Church Ministry under the laws of the State of Hawaii as a domestic nonprofit corporation 501(c)3 TAX MAP KEY: (3) 9-2-008:019 ZONING: A-1 a SIZE OF PROPERTY/AREA OF REQUESTED USE: 1 acre / 1 acre LANDOWNER(S): Hope Dia-Mend Ministries Corporation FEE SIMPLE LANDOWNER(S) WRITTEN AUTHORIZATION (may be provided by letter with the below statement included): DATE: DATE: Note: The above written authorization of the landowner(s)gives permission for the applicant/petitioner to file the application/ petition and acknowledges that the landowner(s)and their successors are bound by the Special Permit and its conditions. AGENT: Land Planning Hawaii LLC AGENT ADDRESS: 194 Wiwoole Street, Hilo, 1-11 96720 PHONE: (Bus.) 808-333-3393 (Res.) (Email) info@landplanninghawaii.com Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Agent COPIES: Applicant Planning Dept. Exhibit 2 COUNTY BACKGROUND AND ENVIRONMENTAL REPORT COUNTY SPECIAL PERMIT REQUEST HOPE DIA-MEND MINISTRIES OCEAN VIEW, KA`U, COUNTY OF HAWAII TMK(3) 9-2-008: 019 TABLE OF CONTENTS LINTRODUCTION..............................................................................................................4 H. PROJECT DESCRIPTION............................................................................................... 6 3A. Project Concept and Components................................................................................... 6 313. Subject Property Description.......................................................................................... 8 3C. Institutional Considerations............................................................................................ 8 i. State Land Use................................................................................................................ 8 ii. Special Management Area............................................................................................ 13 iii. County Zoning and General Plan................................................................................. 13 iv. Ka`u Community Development Plan............................................................................ 17 3D. Surrounding Zoning and Land Uses............................................................................. 19 3E. Flood Insurance Rate Map............................................................................................ 19 3F. Archaeological Resources............................................................................................. 19 3G. Floral and Faunal Resources......................................................................................... 23 3H. Valued Cultural Resources............................................................................................ 23 3I. Public Access................................................................................................................ 24 3J. Description of Access ................................................................................................... 24 3K. Traffic Impacts.............................................................................................................. 24 3L. Availability of Utilities ................................................................................................. 25 III. REGULATORYANALYSIS.............................................................................................25 4A. Coastal Zone Management ........................................................................................... 25 413. Impacts to Surrounding Properties................................................................................ 25 4C. Impacts to Public Agencies........................................................................................... 26 4D. Unusual Conditions....................................................................................................... 27 4E. Land Suitability for Permitted Uses.............................................................................. 27 4F. Land Character and Present Use................................................................................... 28 4G. Relationship to General Plan ........................................................................................ 28 4H. Unusual and Reasonable Use........................................................................................ 29 2 FIGURES Figure1: Location Map ...................................................................................................................5 Figure2: Site Plan............................................................................................................................7 Figure3: LUPAG Map.....................................................................................................................9 Figure 4: Land Study Bureau Map.................................................................................................10 Figure 5: Volcanic Hazard Map.....................................................................................................11 Figure 6: State Land Use Designation Map ..................................................................................12 Figure7: County Zoning Map ......................................................................................................14 Figure 8: Map of Special Permit Approvals for Churches near the Subject Property ..................20 Figure9: FIRM Map .....................................................................................................................21 Figure 10: Map of 1907 Lava Flow Impacting Hawaiian Ocean View Estates.............................22 EXHIBITS Exhibit A: October 2022 PD Acknowledgement Letter Exhibit B: March 2023 Notice of Violation and Order from PD Exhibit C: July 2023 A Daily Fines Letter from PD Exhibit D: HOVE Road Maintenance Division Correspondence 3 I. INTRODUCTION Hope Dia-mend Ministries ("applicant") is requesting a Special Permit to establish a church and supporting infrastructure on the 1.0-acre subject parcel identified as TMK (3) 9-2-008: 019. The subject property is located at 92-8988 Ginger Blossom Lane within the Hawaiian Ocean View Estates (HOVE) subdivision in Ocean View, Kau. The parcel is approximately 300 feet south from the intersection of Ginger Blossom Lane and Sea Breeze Parkway (Figure 1). Hope Dia-mend Ministries is a nonprofit corporation 501(c)3 that has provided church services to the Ocean View community for many years. The church offers weekly worship services, bible study, and prayer sessions, with an emphasis on music-based worship. The church also does many community outreach events in the Ka`u District, some of which include Thanksgiving, Christmas, and Easter. During Thanksgiving, Hope Dia-Mend Ministries distributes 50-70 turkeys and food baskets to community members.At Christmas, they serve hot meals and provide gifts of necessities like clothes and food. For Easter, they organize a festive egg hunt for children, complemented by hot meals and giveaways of essential items. The applicant wishes to establish a permanent church facility on the subject property with the mission to reach the unreachable, touch the untouchable, love the unlovable, and believe in the unbelievable. Under the Special Permit request, the applicant intends to construct a 600 square foot partially enclosed pavilion for church services, a gravel driveway, thirty-eight(38)parking spaces, a shipping container for storage, two (2)portable bathrooms, a water catchment tank for fire suppression, and a separate potable water tank. The applicant is requesting to use temporary tents for a maximum of eighteen (18) months, while the pavilion is being built to prevent further disruption of services. The Special Permit request proposes three (3)weekly services: Sunday service, Tuesday night Bible study/prayer, and Wednesday night worship practice.A typical Sunday service schedule includes opening prayer, worship music, the Pastor's sermon, and closing prayer. Additionally, Sunday school will be offered for children. Tuesday night Bible study/prayer night focuses on studying scripture and building one's relationship with God. Wednesday night worship practice is dedicated to the volunteer musicians who perform music during Sunday service. In September 2022, Hope Dia-mend Ministries received a Notice of Complaint letter from the Hawaii County Planning Department (PD) regarding the unpermitted use of the property as a church.After the warning letter was issued, the landowner ceased to hold any further church services on the site. This was acknowledged by the Planning Department in a letter dated October 14, 2022 (Exhibit A). However, on March 15, 2023, the landowner received a Notice of Violation and Order, from PD stating that the Department was still receiving complaints from the community regarding the ongoing unpermitted activity on the property (Exhibit B).A Daily Fines Letter was also received on July 24, 2023, even though no church service had been held on the property since receiving the initial warning letter(Exhibit C). In addition, all information regarding active services has been removed from the church website. 4 OD o t D OLA �vMilavd INv'llil ' �pNfe y Q 4s Q4$ '!..1' a• O y!� �;•m • to t Y2 � � O iV 7Y1� INOIIi'1 -Y 2z A ii �Sj 'i t OI 4 w FUO ai {.` XR. K � 8 Y•w t o' �i'�s s� Z ° a W� 4 �5u. Gx J V • fGo9 tr ..... �® \I \41 O ..\p,` \i) •O O V♦YY .w�L..rq n � _ r/1-'l rsv/,YfJhv —y—-W ,O lG09ir •©y , fb09'ri � 'ceY,uyt � ml O � fco9'rr < �Ny pqq O + fbo9rr I \ Y Y Y It K P, 'A �k p• 0 NY Nu aY mj CA O .`-'1. CMI NY =Y eeol� raDNlO 0000 le : t i �vv �•� � `Kh o` c Y � Y � u � k 1K, 0 0 � Y In N In $Y XY At nY E < •O, fD09 Cb>.., a � ( T •�, •fq w.,;. e, .av cbtrp �' e.nths SY A � b Q O rgo9'Fs (s1 M Doo cb � v1 F t S!I oY ��ol of ol` -61-N r � .O ` ♦eoo rr • L O O O O .O fvoo rb 4 i aO fDD9t6 fDc9'ri k wM> ue,t, � m •O SY i r,wtr r-ro.r .gY �p y y, y y f ;it y♦ y` Y♦ Y j \ ^v o YA Y V y y Y� Y c a" mll nl nll SII $II al aY vl a °eY eY :"'i 2 Nd, Nri!e a ei � f O r _ a LO ltlld fV Q f i O �4 M1 �r �n,v s/' /r•�r nY NN n - ---- .d urnos This Special Permit Application intends to legitimize a permanent church facility and related infrastructure on site. Hawaiian Ocean View Estates is a severely underserved subdivision with a need for community church services. Similar Special Permits have been approved for nearby parcels within 1 mile of the subject property and thus approval of this request would be logical and in keeping with the surrounding land use. IL PROJECT DESCRIPTION 3A. Project Concept and Components The applicant respectfully requests a Special Permit to operate a church on the 1.0-acre subject parcel that is zoned for agricultural use. Refer to Figure 2 for site plan details. The applicant proposes the following elements as part of the Special Permit: I. Buildings: A new 600 square foot(20' x 30')partially enclosed pavilion will be constructed to hold regularly scheduled services,bible study, and worship practices. The applicant is requesting to use temporary tents for a maximum of eighteen (18)months, while the building is being constructed. One (1) shipping container is proposed for storage purposes. 2. Bathrooms/Wastewater: Two (2)portable toilet facilities will be available on site rented from Kona Lua Inc and serviced once a week by the company. 3. Water: A 10,000-gallon rainwater catchment tank will serve all non-potable and fire emergency water needs. Potable water will be trucked in and stored in a separate potable water tank on site. 4. Access: The property will be accessed via a gravel driveway from Ginger Blossom Lane, roughly 300 feet south from its intersection with Sea Breeze Parkway and roughly 800 feet north of its intersection with Kona Drive. 5. Parking:A total of thirty-eight(38) gravel parking spaces will be available for scheduled services, including four (4)ADA accessible spaces. 6. Services: Three (3) weekly services are proposed, including Sunday service between 7:00 a.m. and 3:00 p.m., bible study classes on Tuesdays between 4:00 p.m. and 7 p.m., and worship practice on Wednesdays between 4:00 p.m. and 6:00 p.m. 7. Attendees: An average of fifty (50)people are expected to attend Sunday service and approximately twenty (20)people are expected for bible study classes on Tuesday nights including volunteers. Five (5) people will attend weekly worship practice on Wednesday evenings to practice music performed on Sundays. 8. Employees: The Pastor will perform all Sunday services. Sunday school and Bible studies are run by volunteers (which are included in the attendees count above). Volunteer musicians perform the worship music during Sunday service and practice on Wednesday evenings. 6 DII IIVMVH DNINNV]d �XINVI aCD X 6113R01SN00 001 lox IVVVIWI1d 0 N bA �I cPP�N�Sv �PNpS W w OzLLJ J m w EL LU 0z 0< E0 C) �J o0 CL J IL d 201 0 O W o H Q W LU 00 i as w o In a J a w - O O� '4 E���oSSpM LPN ��NGE 3B. Subject Property Description The subject site, identified as TMK(3) 9-2-008: 019, consists of 1-acre of land zoned Agricultural 1-acre (A-M). The parcel is located at 92-8988 Ginger Blossom Lane within the Hawaiian Ocean View Estates subdivision approximately 300 feet south from its intersection with Sea Breeze Parkway and roughly 800 feet north of its intersection with Kona Drive. No permanent structures currently exist on site. Temporary structures formerly used on the property include a 30x50 metal pole tent, a 10x20 shipping container, a 15x20 wooden shade cover, two (2)portable toilet facilities, and one (1) mobile trailer toilet facility. The applicant has removed these temporary structures. The Land Use Pattern Allocation Guide (LUPAG) designates this land as Rural (Figure 3), and the Land Study Bureau(LSB) Overall Productivity Rating classified 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 aa lava flows with 2 to 20 percent slopes (2klfr). This soil type is excessively drained and has a very low runoff class. It is not considered prime farmland. The Hawaiian Ocean View Estates subdivision lies within Lava Zone 2, on a scale ranging from 9 to 1 (least hazardous to most) (Figure 5). The site is approximately 6 miles from the coastline and is not within the Conservation District or Special Management Area. Little to no vegetation exists on site. The subject property is cleared and fully graded. The Special Permit area will encompass the full I-acre parcel including the proposed pavilion, two (2)portable bathrooms, a shipping container for storage, a gravel driveway and parking lot, a water catchment tank for non-potable uses and a separate potable water tank. 3C. Institutional Considerations i. State Land Use The subject site is designated State Land Use Agricultural(Figure 6), 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. 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. 8 E ,T u) 2 co vim U)w 0 ------- ---- �I..E Z ------------ Z -,of n -<.E T LO o 800 En it C14 C\� v) co o- E of E2 C, C, v m z C' E2 .2 of.2 .-(D O 0 6 ci o FD z m T 2, 0 0 0 u z • 66 E (D < E.L co \ o co n ca co Ln cu IL o C) o 3 cu ------------ U) CU CL cu cyi D w CL \ \ • \ • ; 0 00 CU vid�o - • ��... 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O O O Ou)�D O a z U c m • ��� • �c aj m�(7 N`o Q o uzQEw m r max c '' • Lf) U O C7 UOf N c d N o o 1.c = Of E o o v az OK��2 z �aof -O O O C, O =Q d N Q�` o i °`z�L�' o / m m • cQO°� O O Z U U' .10 a � a • E • o 6 O c a i� cu }� o co co v, E W � o Q � d 6 ^\ m W y E J o CO 0 co w Ln a� p � c CL o N C) U � � m Q Cn 2 N � N J � u7 (6 C 'O O C 7 U • � w U C QR N • N U N . V cn �� N O) =o U N N O Q d N J O N • N • 0 a3 co ii. Special Management Area The subject property is approximately 6 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-1 a (Figure 7). The County General Plan LUPAG map designates the parcel 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. 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. 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 minimalist design that will utilize wind for natural airflow, and use of a generator for power.Additionally, the proposed events are scheduled for a few hours three times a week, which minimizes power consumption. There may be a modest increase in vehicular emissions during construction,but otherwise all other air pollution associated with the project should be negligible. 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. 13 v<a0 - E c,�€N O� • • • 'J. E Y j Z-.so OUr 6 co vi 16 s a qo. O p0Q«(q aU)w0c m ¢z�aE Z w m.- ..U U c of _ $z -Fw d r -U Eo= c • L o O C'J U Of N __ca d N o co ca�Ww = Of E o o v nz3c° o OK �2 z �—of -O O O a m N a o O Qo �a °z m m 0 z `o � o • o o U z O.0 r n m � a o • rT~ �• E 0 m 0 a 5 a G o � d - U $ }I m r � m 10 C/1 E Q - U :co - c� . 2 ' 0 m • U Vl f/7 N � N � T � C CL O N C) U m Q Cn 2 w a� c c m c 0 0 m c Q c o c co N 2:1 (n_ O c N 7 u (0 L O r (6 Cl) U Q d O 'c N 3 These regulations will be strictly followed to prevent dust impacts to Ginger Blossom Lane. 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. Long-term traffic generation, and thus vehicular emissions, will be limited. The majority of vehicular trips are expected on Sundays with a maximum of thirty-eight (38)possible trips. Tuesday service may generate up to fifteen (15) trips, and Wednesday will have a minimal impact with only five (5)potential trips. Therefore, vehicular emissions during operation are not expected to have a significant impact to air pollution. Very minor emissions are possible from the use of a generator for power; however, these emissions will not produce significant effects. No impacts are anticipated to water quality. The site is already fully cleared and graded. 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. Portable bathrooms will be placed on site to handle wastewater and will be cleaned weekly. 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 impacts may occur during the construction of the project. However, these impacts will be limited and short-lived since minimal infrastructure is proposed. During operation, possible noise emissions may occur from live music, microphones and speakers, and the use of a generator for power.As such, mitigating measures to buffer noise impacts to surrounding neighbors during operation will be necessary. Live music, microphones and speakers will be set to moderate levels and will only be used inside the proposed pavilion, which will naturally dampen noise impacts. The generator must be placed outside the pavilion due to emissions. However, landscaping will be strategically placed around the pavilion (and temporary tents during construction) as well as in the setback areas of the property to provide multiple sound barriers and 15 further reduce the potential for noise disturbances to neighbors.Alternatively, a silent solar generator may be employed to lessen potential noise 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 main visible infrastructure will include one (1) 600 square foot pavilion, two (2)portable bathrooms, one (1) shipping container for storage, one (1) water catchment tank, and one (1) tank for potable water. Landscaping will be used within the setback areas, which will largely block views from neighboring parcels. All State and County requirements to minimize the possibility for spills and hazardous materials will be following during construction phases. Following the guidelines of State and County requirements to minimize the possibility for spills and hazardous materials during construction, 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; 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 regard to flooding, The Federal Emergency Management Agency(FEMA) Flood Insurance Rate map (FIRM) identifies the parcel as Flood Zone "X" (areas outside of the 500-year flood). With regard 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 16 property. The site is fully cleared and has been previously graded. The most recent lava flow to cover the site occurred in 1907, which further reduces the likelihood of historic or archaeological sites being found. 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 parcel is located roughly 6 miles from the coast and has no access to mountainous regions. Residential/agricultural properties surround the site on all sides. The proposed pavilion will be generally 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 weekly worship services open to the surrounding community, which aligns with the goal of providing public facilities that effectively service 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. The proposed project is the most desirable use of this agricultural land, which has very low agricultural potential. 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 no 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. Ka`u 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 proposed project aligns with the following objectives of the Ka`u Community Development Plan(KCDP). 17 1.5.1 Community Objectives Objective 1: Encourage future settlements patterns that are safe, sustainable, and connected. They should protect people and community facilities from natural hazards, and they should honor the best of Ka`u's historic precedents: concentrating new commercial and residential development in compact, walkable, mixed-use town/village centers, allowing rural development in rural lands, and limiting development on the shorelines. Objective 2: Preserve prime and other viable agricultural lands and preserve and enhance viewscapes that exemplify Ka`u's rural character. Objective 5: Establish and enforce standards for development and construction that reflect community values of architectural beauty and distinctiveness. Discussion: The proposed project is the most desirable use of this agricultural land, which has very low agricultural potential. The proposed development will not have a significant impact on Ka`u's rural character and viewplanes. Landscaping will be used within the setback areas, which will largely block views of the church from neighboring parcels. The proposed pavilion is designed to be aesthetically pleasing and will follow all federal, state, and county standards for development and construction. 4.3.2 Land Use Policy Policy 41: Special permits of any kind in the "Rural" Land Use Policy Map category should not be permitted in the Ka`u CDP planning area, except for the following uses (as defined in HCC Chapter 25): • Community Facilities: Community buildings, meeting facilities, schools, churches, temples and synagogues,public uses, and structures, including those privately managed(e.g., road maintenance facilities), tennis courts, and swimming pools. Discussion: The proposed land use is for a church, which adheres to the exceptions outlined in this policy. The proposed church will be open to all community members in the area who wish to attend any of the three (3) weekly services offered on Sundays, Tuesdays, and Wednesdays. 4.5.2 Land Use Policy Policy 54: Protect scenic vistas and view planes from becoming obstructed, considering structural setbacks from major thoroughfares and highways to protect view planes. Policy 55: Do not allow incompatible construction in areas of natural beauty. Discussion: The proposed development will adhere to all standard setbacks, including a 30-foot front and backyard setback and 20-foot side yard setbacks. No scenic vistas or 18 viewplanes will be obstructed and screening landscaping will be used within the setback areas to reduce visual impacts for neighboring parcels. 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-Ia. Single-family residences exist to the east and west, otherwise the subject property is surrounded by vacant land. Special Permit applications have been approved for similar purposes within 2 miles of the subject property (Figure 8): 1. SPP No. 14-000164 was approved for the development of the Ocean View Baptiste Church on TMK(3) 9-2-002: 012 in 2014. This property is located roughly 0.45 miles south of the subject property. 2. SPP No. 1190 was originally approved for the establishment of a church on TMK (3) 9-2-189: 050 in 2002. In 2013 the Special Permit received a 5-year time extension. This property is located roughly 1.9 miles southeast of the subject property. 3. SPP No. 1106 was approved for the development of the Kona-Ka`u Marshallese Church on TMK(3) 9-2-188: 001 in 2001. This property is located roughly 3.4 miles south of the subject property. 4. SPP No. 00-013 was approved for the development of the Kahuku Congregational Church on TMK(3) 9-2-185: 001 in 2000. This property is located roughly 1.6 miles southeast of the subject property. 5. SPP No. 71-102 was approved for the development of the Hawaiian Ocean View Evangelical Church on TMK(3) 9-2-013: 071 in 1971. This property is located roughly 0.15 miles north of the subject property. 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 9). The applicants have not experienced any drainage or flooding issues on site. 3F. Archaeological Resources The applicant does not believe any archaeological resources will be encountered on the subject property since the site has been previously cleared and graded. The subject property was also most recently covered by a lava flow in 1907, which makes the discovery of archaeological resources unlikely (Figure 10). 19 F� � ••"gip\I`ii���, \`l\'` \1�\\'\\��\\\��\`\\\► 1��\ �_! p\\ \\�� ♦ \\\\IN \1 • \� 11\1\i i i\►\\I\111. \1\t�1i\�i ii\''� � �I \��i i iAI V1i VAiii 1 VAA+ ��♦ II �� 11� ( \ \►S` /,♦♦j�II 111 \1C�i 1\\\\`, \\\\M\`\', FIX ON ♦ ,� � 1\\1\p\\\\11�\1�„�%,�1\I�►•+,?�� ��\\1\\1I 1//♦SIV '/!♦//1'III��� \,`,�\1i i�,�i U►\DI U• 111\ �: • \a a ��, , \i /♦'+♦/�i AM,Off \11 w�\ moi.-i 1\\1 11\�Il���-\\`D•�f♦ - - ,!!'/,/!!,/'♦!♦/ !!i /♦♦ I����� • i\\� A�1AAA`AA 1�iQ1��i�'\V�•AII� �, ♦ / /! _/ ;•.o,���1i ' % ` \a11�,\x\\�\,\.;i%\i, „,,\ '1\,►i+•�\i`\x'c' �\,�1\%1\11\\�I-\\\�\�I\�,'•`.�� ♦!'��♦►.a►',�/I//♦I♦♦♦e1�+,♦///I♦/♦!♦�mss 1/♦/I�I♦♦,♦♦♦1♦/♦,I/♦//s♦!♦'/!/1♦ •rr /♦♦ O♦♦♦s,Nil,,,. , U �/%/,♦I♦II� ►IIII I ♦ / \,Iv11XAM a' , ,o•"•"►a, �:�� ♦ ,j/♦!♦�I�/+� j//+��j///i♦��///♦♦a♦//I♦�♦VIII.illi \\\\\'AMI\ \\� i•= ♦I ♦ ♦♦ I ♦ I ! /, /tea • ��,\��``11i•`� \Il�r\ice\� � //♦ �/♦�,� WAN'` ♦1�/1 i//♦♦^� ♦♦� ,,•.\\,,,\ .� ♦♦!j/��!♦♦j�'` - 17 ` I♦♦ I♦.�///♦ 1, S7 ANO ILI 0%,MW� //WIN 111,//♦!�`� �♦` O O N C a) by ca aR a N 5 LL a >oo° 3 d R L z o = m E " i N II V6 U O. £ R UO N m w CL C C r N 0 r z O p p ma6) N lW RN�OC' '00 'LLLR a0w L � N- CL � -30: a WOpO ¢ i W m aC- O CC O O 3 CN LL O R N O N CL 3 Ca a °x « OR ¢ 0. da ' cc N y N 10, mv 6 O c uNwm N = u W>y ° Nz p R o cO Dm 0) E OCL -6 LL oaR > Ex o eR N o O oW c y °F, 0) O d D a) rN 0 C. m y n ° °m «m o c y R,�O c NrUQR N NN � R E R R N R R d R REN cu - � a y N N ° O O OO c Na) O OE'aN OO R IL tUU U 3 U ca U d z O NNoayNR) �r[11tt�WI�Wr�yn U. w / = c E f6 N N C U w C E w 1 N NI °'C R «N O E a(D y w T p m p_--00 N r - I I i I I L O c .3 r C w 3 cl E N a 'p a R O / H aR N cl m-0 N m O N O'O C J c,� c-0 Mn R �a c N ° Z ' N ' a E a C R z ° d 2 N 0 C aCU E C G o OQ Ow Q Qw Lu UJ $'p R t>« z E 0RcR °- LU ft It w o E N R d 6 o OLL¢ W� Q Q Z� ply- Q �. Rw m m o" CL a) R��aar d a J p x 2 x w 0 a E m a w o d E E d c R R Q x ¢ p w O x a.LL ¢ r t v t R w E a°i r d m nn J N d Q 2 0 p N a H R R 3 �'«a mLL N In 2 H W O z fy in N � O `^ N o° Q Q 3 � v = W O W � CO Z y O ui U 3 O h i N NCO E Q N cts N A h M CD O �w� LL W 4 Q=N ry O N Q OLL O O J O N ^L J W\ < r % 2 J coO o L Q W N a m rCDO O O a LL �' O (� CDLO 0 C) LO 3 N iV to I� ZO Map of 1907 Lava Flow Impacting Hawaiian Ocean View Estates _,dow # milk MAUNA t tip NkWn1 A" 191 t 1907 Kau Fork 1 1 887 �1 1 �h�lid Subject Property _Ocean Kant oa-Puumo Han l lm Ho"a LAnd 0 2.5 5 10 Kilometers I t t t l t l t l 0 2,5 5 10 Miles Figure 10 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 has been cleared and fully graded and contains very little vegetation. Vegetation in the area is minimal and generally consists of`ohi`a trees (Metrosideros polymorphs), shrubs and grasses such as sword fern (Polystichum munitum) and guinea grass (Megathyrsus maximus). The subject site is currently cleared of all vegetation. Introduced bird species such as dove, Japanese white-eye, house finch, and myna are all 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, although unlikely, 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. Hoary Bats may be sensitive to disturbance between June l'r and September 15`x', throughout which no shrubs or trees taller than 15 feet may be disturbed or removed. 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 `lo (Butco solitarius) is also known to occur in the project vicinity. If any tree cutting occurs between March and September, DOFAW must be consulted first. 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 within the Special Permit area of the subject site. 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 23 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 gravel driveway off Ginger Blossom Lane, approximately 300 feet south from its intersection with Sea Breeze Parkway and roughly 800 feet north of its intersection with Kona Drive. Ginger Blossom Lane is a paved road that is privately maintained within the Hawaiian Ocean View Estates subdivision. 3K. Traffic Impacts The proposed weekly services are not expected to cause a significant or long-term increase in traffic, as they will occur outside peak traffic hours. The moderate size of the gatherings makes a Traffic Impact Analysis Report (TIAR) unnecessary, as much less than fifty (50) vehicular trips are expected. The majority of trips will occur on Sundays with an average of fifty(50) attendees, and maximum of thirty-eight(38) vehicular trips based on available parking. Tuesday service is expected to draw an average of twenty (20)people, with approximately ten(10) to fifteen (15) vehicular trips. Wednesdays will bring the least amount of people and traffic at roughly five (5) attendees and vehicular trips. The subject site is located on Ginger Blossom Lane, which is a paved road in good condition. There are multiple routes to the subject site from various road within HOVE, which will disperse traffic. Traffic to the subject site is not expected to cause significant impacts to roads. The majority of attendees will be coming from within Hawaiian Ocean View Estates subdivision, which has a private road system,maintained by the HOVE homeowner's association. The project is not anticipated to impose a significant burden on the maintenance of these private roads. The HOVE Road Maintenance Division was consulted to assess maintenance needs related to this project. The sole response received indicates that parking is not permitted on HOVE's Road right-of-ways and parking should be confined to the subject property (Exhibit D).As the project outlines a thirty- 24 eight(38) stall parking lot on the subject site, no additional road maintenance requirements are anticipated. In addition, vehicle trips are not expected outside of the regularly scheduled weekly events. Overall, it is anticipated that traffic generated by the project will be minimal and manageable. 3L. Availability of Utilities Electricity: The subject site does not have electricity.A generator with sufficient capacity will be used as a power source. Water:A 10,000-gallon rainwater catchment tank will serve all non-potable and fire emergency water needs. The Ocean View area receives roughly 33 inches of rainfall annually. Water can be trucked in as needed to maintain sufficient water levels. Potable water will be trucked in and stored in a separate potable water tank. Wastewater: Two (2)portable toilet facilities rented by Kona Lua Inc. will be used for wastewater. The facilities will be serviced for cleaning on a weekly basis by the company following proper protocols. III. REGULATORY ANALYSIS 4A. Coastal Zone Management The proposed use is not contrary to Chapter 205A, Coastal Zone Management as the subject parcel is approximately 6 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 Some short-term noise impacts may occur during the construction of the pavilion and supporting infrastructure; however, these will not be significant nor exceed construction conditions of typical single-family residences in the area. The main source of noise during church activities includes live music and singing, speakers to amplify microphones, and a generator for power. Hope Dia-mend Ministries Sunday service features live music by volunteer performers, which is integral to their worship experience.A microphone and speakers are used to amplify presenters during Sunday and Tuesday services. On Wednesdays, musicians gather to practice the music performed on Sundays. Electricity is also not available to the site; therefore, a generator will be used to provide power to small electronic devices such as microphones and speakers. Mitigating measures will be put in place to ensure noise levels are reduced to 25 the maximum extent possible. Hope Dia-mend Ministries will ensure all music, microphones, and speakers, are set at reasonable volumes so that attendees can hear comfortably without causing disturbance to neighbors. The proposed pavilion will be partially enclosed, which will inherently buffer some noise from music and speakers. Landscaping will be used around the immediate area of the pavilion(and temporary tents during construction) as well as within the setback areas of the property to provide multiple sound barriers. Podocarpus macrophyllus is an example of barrier vegetation that will grow well in the area. Noise from traffic is anticipated to be minimal, as Ginger Blossom Lame is paved, resulting in reduced noise levels. Services will only be conducted a few hours a week, with the busiest day being Sunday, and lighter traffic on Tuesdays and Wednesdays. Scenic Views The proposed project will not affect any scenic views. The parcel is located roughly 6 miles from the coast and has no access to mountainous regions. Proposed infrastructure is minimal with one (1)pavilion and supporting infrastructure that is generally consistent with the surrounding area. Landscaping will be used to screen the property within the setback areas as well as around the pavilion. Traffic Traffic is not expected to increase significantly during peak traffic hours under the request. Proposed weekly services on Sundays, Tuesdays, and Wednesday's will occur outside of peak traffic hours. The subject site is located on Ginger Blossom Lane, which is a paved road in good condition. There are multiple routes to the subject site from various road within HOVE, which will disperse traffic. In addition, vehicle trips are not expected outside of the three weekly events. Overall, it is anticipated that traffic generated by the project will be minimal and manageable. 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 the subdivision are privately maintained by the Hawaiian Ocean View Estates subdivision, therefore public agencies will not be unreasonably burdened to maintain the roadways under this request. The HOVE Road Maintenance Division was consulted to assess maintenance needs related to this project. The sole response received indicates that parking is not permitted on HOVE's Road right-of-ways and parking should be confined to the subject property.As the project outlines a thirty-eight(38) stall parking lot on the subject site, no additional road maintenance requirements are anticipated. 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 capacity will meet any fire protection requirements. 26 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 "B" or very poor, which is the lowest productivity rating. The soil type is also not considered prime farmland according to the NRCS. Hawaiian Ocean View Estates is a severely underserved subdivision for community services and facilities. The Ka`u Community Development Plan acknowledges the need for accessible community services in the area, as outlined in Section 4.3.2 Land Use Policy 41, which states: Special permits of any kind in the "Rural"Land Use Policy Map category should not be permitted in the Ka`u CDP planning area, except for the following uses (as defined in HCC Chapter 25): Community Facilities: Community buildings, meeting facilities, schools, churches, temples and synagogues,public uses, and structures, including those privately managed(e.g., road maintenance facilities), tennis courts, and swimming pools. The KCDP therefore recognizes there is a demand for church facilities to provide for the spiritual needs of residents within the Ka`u community.At least five (5) other church facilities have received Special Permit approval within the Hawaiian Ocean View Estates subdivision since 1971. The approval of several Special Permits for churches in the area indicate 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 one (1)pavilion and supporting infrastructure is proposed. Sufficient setbacks will be adhered to, including 30-foot front and backyard setbacks and 20-foot side yard setbacks. Landscaping will be used to screen the property from neighboring parcels. The proposed church facility is therefore designed to promote spiritual and physical well- being for the community with minimal impact to the surrounding area. 4E. Land Suitability for Permitted Uses No permanent structures currently exist on site. Temporary structures formerly used on the property include a 30x50 metal pole tent, a 10x20 shipping container, a 15x20 27 wooden shade cover, two (2)portable toilet facilities, and one (1) mobile trailer toilet facility. The applicant has removed these temporary structures. The proposed use will not substantially alter or change the essential character of the land. The proposed pavilion and supporting infrastructure will cover the full 1-acre parcel and will include landscaping within the setback areas to create a sound barrier and screen visual impacts to neighbor parcels. According to the Land Study Bureau Overall Master Productivity Rating, the subject property is classified as `B" or very poor, which is the lowest productivity class. Poor soil quality of the site means it is not well suited for agricultural practices. The low-impact nature of the project means that granting this request would not have a negative impact on the agricultural potential of the site. 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. 4F. Land Character and Present Use The proposed use will not substantially alter or change the essential character of the land. The proposed Special Permit area would encompass the full 1-acre property. The requested 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. 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 Ka`u 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. 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 28 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 allow the applicant to operate a non-profit corporation, which aims to improve the lives of community members through spiritual and worship practice. 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 agricultural use as it is classified by the Land Study Bureau as "very poor". Most recently covered by the 1907 Mauna Loa lava flow, the parcel is mostly aa lava rock with very little agricultural potential. Approval of this Special Permit would enable the applicant to optimize the overall use of the land by establishing a church for community use in a very underserved area. 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. 29 Exhibit A Mitchell D. Roth Zendo Kern ,1lat•or � Director Lee E. Lord / Jeffrey W.Darrow dlanaging Director �.i' �;,.•,/ Depuq Director West Ha%vaci Office East Hawai'i Office 74-5044 Ane Keohekliole H%%N • • 101 Pauaht Street Sude 3 Kailua-Dona,Hawm`t 96740 County of Hawaii Itilo.Ha%sal 1967'10 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTNIENT Fax(808)961-8742 October 14, 2022 Pamela Ako Hope Dia-Mend Ministries Corporation P.O. Box 6393 Ocean View, Hawaii 96737-6393 Dear Ms. Ako: SUBJECT: Time Extension Complaint: Unpermitted Non-Agricultural Activity (Church) File No.: PCV-2022-00274 TMK: 9-2-008:019 Hawaiian Ocean View Estates Kahuku Kau Hawaii The Planning Department has acknowledged your email received on October 13, 2022, stating that you have ceased using the property as a Church and your intention to apply and obtain a Special Permit to utilize the property as a Church in the future. TIME EXTENSION You are hereby granted a time extension. Your new "Deadline" date is February 28, 2023, .so you can apply and obtain a Special Permit. Should you have any questions contact, Planning Inspector, Elizabeth Gillis at 808-323-4771 or email Elizabeth.Gillis(<hawaiicounty.gov. Sincerely, ZENDO KERN Planning Director FGG:ad coh141%, Planning Slaff\Libb� Enforcement Hope Dia Mend Time Extension t.tr Cc: Hannah Ako email: lehuarose"(Dgmail.com _lrlai nn__!v. aucrn,o-t� flmrart Count is an EqualOpporturnt)•Provider and Emplotet rlanm,ngL,w%%aticount% ao% GENERAL INFORMATION What happens if you do not correct the violation? A violation that is not corrected by the "Deadline Date" will be assessed daily fines starting at $100 Rer dU_beginning the day after the"Deadline Date" unless it is a recurring violation(see table below). After 3 months the fine increases to $200 per day, after 6 months to $300 per day, after 9 months to $500 per day until the case is resolved. It is in your best interest to correct this problem before or on the "Deadline Date"as indicated above. Daily Fines: According to County of Hawaii Planning Department Rules of Practice and Procedure Rule 9-5(d): When a violation is not corrected by the deadline set by the order, the Director may assess additional fines to a maximum of$500 for each day that the violation remains - uncorrected in accordance with the following schedule: DAILY FINES FIRST AFTER AFTER AFTER FOR VIOLATION 3 MOS. 3RD MO. 6TH MO. 9TH MO. Initial violation $100 $200 $300 $500 First Recurrence $200 $300 $400 $500 Second Recurrence $300 $400 $500 Third Recurrence $400 $500 Fourth and subsequent recurrences will be assessed$500 per day of additional daily fines from the date that the violation was to cease as set forth in the order. Can you appeal this Notice of Violation? Yes. if you feel that you are not in violation,you can appeal. In accordance with Hawaii County Code, Chapter 25 (Zoning) Section 25-2-20, you may appeal the director's decision as follows: (a) Any person aggrieved by the decision of the director in the administration or application of this chapter,may,within thirty calendar days from the date of receipt of the Order appeal the decision to the Board of Appeals. (b) A person is aggrieved by a decision of the director if- (1) f(l.) The person has interest in the subject matter of the decision that is so directly and immediately affected, that the person's interest is clearly distinguishable from that of the general public; and (2) The person is or will be adversely affected by the decision. (c) An appeal shall be electronically submitted, in the format prescribed by the Board of Appeals and shall specify the person's interest in the subject matter of the appeal and the grounds of the appeal. Unless otherwise specifically provided by the Board of Appeals rules, an electronic copy of each document shall be filed.A filing fee of$250 shall accompany any such appeal. The person appealing a decision of the director shall provide an electonic copy of the appeal to the director and to the owners of the affected property and shall provide the Board of Appeals with the proof of service. (Application Link Enclosed, submit electronically) (d) The appellant and the director shall be parties to an appeal. Other persons may be admitted as parties to an appeal, as permitted by the Board of Appeals. According to Hawaii County Code, Chapter 25 (Zoning) Section 25-2-23, the Board of Appeals may affirm the decision of the director, or it may reverse or modify the decision or remand the decision with appropriate instructions if based upon the preponderance of evidence the board finds that: (1) The director erred in its decision;or (2) The decision violated this chapter or other applicable law; or (3) The decision was arbitrary or capricious or characterized by an abuse of discretion or clearly unwarranted exercise of discretion. For your convenience, we have provided the website address for Hawaii County's new EPIC System (Electronic Processing and Information Center) for applications. WEBSITE https://hawaiicountyhi-enerp-ovoub.tvlerhost.net/Apps/SelfService#/home The appeal must be received within thirty (30)calendar days from the date of receipt of this Notice of Violation and Order. An appeal to the Board of Appeals shall not stay tite provisions of the director's order pending the final decision of the Board of Appeals. The appeal must be made in accordance with the Board of Appeals Rules and Procedures or it may result in the dismissal of the appeal. What happens if I lose my appeal? The assessment and accumulation of fines do not stop when you file for an appeal. If the Board of Appeals rejects your appeal then you will be required to pay your fines from the day the fines began to the date the violation(s)has been corrected which must be verified by the Planning Department. You can also take corrective action as described in this letter and stop the daily fines, while appealing. If you do not take corrective action, daily fines will continue to accrue incrementally as per the table listed above. Can I get a time extension to have more time to correct the violation? If you know you cannot complete the corrective action by the "Deadline Date." you may want to submit a'-request for a time extension"before the"Deadline Date,"including all of the following information with your request: I. Describe what you have accomplished prior to requesting this time extension. 2. 'Che amount of additional time necessary to complete the corrective action. 3. The name and telephone number of the person assisting you in this effort 4. The date in which you expect the violation to be frilly corrected. The submission of a time extension request does not guarantee the approval of the request. nor does it extend your right to appeal. If your time extension is denied, daily fines will continue until the violation is corrected. If approved, the daily Fines will be delayed until the new deadline date. Exhibit B klitchell D.Roth Zendo Kern Mayor i¢ Director Lee E.Lord Jeffrey W.Darrow Managing Director •=� r Depuiy Director West tia%vai't Office East Hauai'r Office 74-5044 Ane Keohoklilole H«y • • 101 Pauahi Strect,Sutte 3 Katlua-Kona,Ha��ai't 96740 County of Hawax i Hila,Hawaii 96720 Phone(908)323-4770 Phone(BOB)961-8286 Far(Boa)327-3563 PLANNING DEPARTMENT Fax(608)961-8742 CERTIFIED MAIL 7019 2970 0001 3888 1152 March 15,2023 Pamela Ako Hope Dia-Mend Ministries Corporation P.O. Box 6393 Ocean View, Hawaii 96737-6393 Dear Ms.Ako: SUBJECT: Notice of Violation and Order Complaint: Unpermitted Non-Agricultural Activity (Church) File No.: PCV-2022-00274 - TMK 019-2-008:019,Hawaiian Ocean View Estates,Kahuku,Kau, Hawaii The Planning Department continues to receive complaints from the community regarding the ongoing unpermitted activity on the property. FINDINGS Our initial investigation based on a complaint has revealed the following: Subject Property: Tax Map Key Number 9-2-008:019 Subject Address: 92-8988 Ginger Blossom Lane, Ocean View, HI 96737 Owners (RPT record) Hope Dia-Mend Ministries Corporation Lot Size: I acre State Land Use: Agricultural (A) County Zoning: Agricultural (A-1 a) A Notice of Complaint dated November 15, 2022, was sent to your attention advising of a possible violation on your property and an opportunity to correct possible violations by the deadline date of October 17,2022. Correction included ceasing using the property as a"Church" until a Special Permit was obtained by the Planning Department. %W%%nlannlnL•hj%%JWOnnt% gok flmrai`i County is on EqualOpportrmq•Prouder and Enrplo)-er nlannn!;a ha%%aucount%nav Hope Dia-Mend Ministries Corporation March 15,2023 Page 2 A time extension was granted on October 14, 2022, with a new "Deadline" date of February 28, 2023,to obtain a Special Permit. County records do not indicate that a special permit has been issued to operate a non-agricultural :business on the subject parcel. VIOLATION Based in the findings, the Planning Director affirms that you are operating a non-agricultural business (Church) on the above referenced property. You are in violation of Hawaii Revised Statues(NRS) Section 205 and Chapter 25, of the Hawaii County (Zoning) Code (HCC). 1. HRS,Section 205-4.5, Permissible uses within the agricultural districts. "Church" is not listed as a permitted use. 2. HCC,Section 25-4-4 Uses prohibited. Any use not listed among the permitted uses in a zoning district is a prohibited use within that district, except as otherwise provided in this chapter. "Church" is not a permitted use. 3. HCC,Section 25-5-72 Permitted uses (in the A district) "Church" is not'listed as a permitted use. ORDER You are hereby ordered to take the following corrective action(s) at your own expense. -1. Immediately cease and desist from operating the Church on the subject property. 2. Pay a civil fine of$1000.00 for violating HRS Section 205-4.5 and $500.00 for each of the two (2)zoning code violations listed under Violations for a total of$2,000.00. You are also subject to daily fines in the amount of$100.00 per day beginning April 18, 2023. 3. Pay the fines due to this office and complete all corrective actions listed above by the deadline date of April 17,2023. Payment may be made by only cash,cashier's check or money order.Personal Checks are not accepted. Make cashier's check and money orders payable to the County Director of Finance. 1f you do_ not know the amount, please contact this office for the amount. This Order shall become final thirty (30) days after the receipt of the Order. On or before the final date, any person(s) subject to this Order may "Appeal" the Order. (see Appeal in General Information) Hope Dia-Mend Ministries Corporation March 15, 2023 Page 3 Should you require the services of an attorney/counsel representation then you are required to also submit a letter of consent with your response letter authorizing the County to correspond and respond to the attorney/counsel representation. Should you have any questions regarding completion of the Corrective Actions, please contact Planning Inspector, Ms. Elizabeth Gillis at the West Hawaii Office at 808-323-4771 or by email at Elizabeth.GillisRchawaiicounty.gov. For questions regarding Chapter 25 of the Hawaii County Code (Zoning) or Hawaii Revised Statues (HRS), please contact Jeff Darrow at the Hilo Office at 808-961-8158 or by email at Jeff.Darrow a.hawaiicounty_gov. Sincerely, Zenb Keen ?endo Ke•n PA.,16 2073 13 05 MST ZENDO KERN Planning Director EGG:ad coh14Iv Planning StafflLibbv Enforcement Hope Dia-Mend Ministries Ltr Enclosures Time Extension Letter dated October 14, 2022 General Information Exhibit C „i14 G. Mitchell D.Roth gyp;:•,- •••w, Zendo Kern hfa3nr �- 1Lr � Director Lee E.Lord Jeffrey W.Darrow Managing Director Dep ity Director +e�cl'.i�r•7+ West Hawaii office East Hawaii Office 74-5044 Anc Keohot:¢lolc Hwy101 t'auahi Street,Suite 3 Kailua-Kona,Hawai'i 96740 County of Hawaii Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 July 24, 2023 Pamela Ako Hope Dja-Mend Ministries Corporation P.O- Box 6393 Ocean View, Hawaii 96737-6393 Email:pamako808Ricloud.com Dear Ms. Ako: SUBJECT: Daily Fines Letter Complaint: Unpermitted Non-Agricultural Activity(Church) File No.: PCV-2022-00274 TMK: 9-2-008:019,Hawaiian Ocean View Estates,Kahuku, Kau,Hawaii Planning continues to receive complaints from the community that you have not ceased using the property as a Church. As stated in Me Notice of Violation and Order dated March 15, 2023,you must cease using the property as a Church. You are not able to conduct any ser4ces/gatherings at the location since you do not hale a Special Use Permit. , You have the option to relocate the Hope Dia-Mend Ministries to a location within the following zoning districts that do not require a Special Use Permit. • Residential-Commercial Mixed Use (RCX) • Resort-Hotel (V) • Neighborhood Commercial (CN) • General Commercial (CG) • Village Commercial (CV) • Industrial-Commercial Mixed (MCX) • Limited Industrial (ML) • General Industrial (MG) nnvw.nlnun in .hawaiicountv.Qov Hawa+'i County isanEqual OpportutityProvider and Emplo3•er iiianninenahawiicoun ov Hope Dia-Mend Ministries July 24,2023 Page 2 You may apply for a Special Use Permit to use the location as the Hope Dia-Mend Ministries in the future. However, until that permit is granted you cannot use the property for services or gatherings. You have failed to comply with the"Order"as required in the Notice of Violation and Order dated March 15, 2023,and are in Violation of Hawaii County Zoning Code Chapter 25, Section 254-4 and Section 25-5-72 and Hawaii Revised Statues Section 205-4.5. FINES As stated in the "Order" daily fines of$100.00 per day would begin after the Deadline Date of April t7,2023. Your daily fines began on April 18,2023. To-date your total daily fines have accrued to $12,600.00 based on an initial fine of $2,000.00 and daily fines of$10,600.00. The daily fines will continue to accrue based on the following schedule: Daily Fines: According to County of Hawaii Planning Department Rules of Practice and Procedure Rule 9-5(d): When a violation is not corrected by the Deadline Date set by the order,the Director may assess additional fines to a maximum of$500 for each day that the violation remains uncorrected in accordance with the following schedule: DAILY FINES FIRST AFTER AFTER AFTER FOR VIOLATION 3 MOS. 3RD MO. 6TH MO. 9TH MO. Initial violation $100 $200 $300 $500 First Recurrence $200 $300 $400 $500 Second Recurrence $300 $400 $500 Third Recurrence $400 $500 Fourth and subsequent recurrences will be assessed $500 per day of additional daily fines from the date that the violation was to cease as set forth in the order. RESOLUTION 1. Lrrrrrediately cease anal elesist from operating the Hope Drat Mend lllirristries oil the subject property. 2. Provide a letter to our office stating that you have corrected the violation. Hope Dia-Mend Ministries July 24,2023 Page 3 3. Contact our planning inspector to arrange for a date and time to conduct an inspection to verify compliance. 4. Pay all fines due to this office. Payment may be made only by cash, cashier's check, or money order. Personal checks are not accepted. Make cashier's check or money order payable to County Director of Finance. If you do not know the amount you owe, please contact this office for the amount due. GENERAL INFORMATION Can you appeal this Daily Fines Letter? No. Your Notice of Violation and Order stated that you had 30 days to appeal to the Board of Appeals the Planning Department's actions against you. The Notice of Violation and Order also stated that fines would be assessed beginning the day after the "Deadline Date". The Notice of Violation and Order also provided details on how the fines are computed. If you believe that the fines are computed incorrectly you may have the fines recomputed by the Planning Department either by coming in or calling us. What happens if you don't pay the fines? Pursuant to Hawai'i County Code, Chapter 25 (Zoning) Section 25-2-35(i), fines assessed under this Section shall constitute a lien upon the subject property upon filing of said lien with the Bureau of Conveyances. This lien shall be considered for the purpose of authority, to be the equivalent of liens that arise pursuant to the provisions of Chapter 19 of this Code. This matter may be referred to the Office of Corporation Counsel for civil remedy and/or the Prosecuting Attorney's Office for criminal prosecution. This case will be referred to the Office of the Corporation Counsel for their review and disposition. Sincerely, For ZENDO KERN Planning Director EGG 11coh 14lv1P1annin \StnfrlLibby\Enforcerneiit\Hope Dia-mend ntiuistries Daily Fines L Hope Dia-Mend Ministries July 24, 2023 Page 4 Enclosures: Notice of Violation and Order dated March 15, 2023 CC: Jean Campbell, Corporation Counsel Real Property Tax Office West Hawaii TMK File Hannah Ako lehuarose@gmail.com x > , « : ! ; f ` / § / ] Q : \ ` f§ is Iz IL cj } lu 5 / : \{ -g \ \ \ , \ , « , ]: / — ro zi \\ \ ) //(\ _ } /{:{f(\{}\ \{\{ E /(§ _ : > , {V z — _ — \ / § LAND'* PLANNING 194 Wiwoole St. Hilo, HI 96720 (808) 333-3393 HAWAII LLC info@landplanninghawaii.com March 13, 2024 Mr. Jeffrey Darrow, Deputy Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Darrow: Subject: Additional Information Pertaining to Special Permit Application (PL- SPP-2023-000058) Attn: Christian Kay Applicant: Hope Dia-mend Ministries Ocean View, South Kona, Hawaii TMK: (3) 9-2-008:019 This letter is in response to a December 15, 2023 email requesting additional information pertaining to the subject Special Permit Application with regard to wastewater, temporary structures, a proposed pavilion structure and potable water tank capacity. Additional information on these items is provided below. Wastewater The applicant is proposing to rent two portable toilet facilities to support the proposed use of the property. Those portable toilets would be serviced weekly by Kona Lua Inc. Your department noted HAR 11-62-06(e) "No holding tank, except for public facilities, and no privy shall be used. No portable toilets shall be used for any permanent structure unless approved by the director" and requested consultation with the Department of Health (DOH) to determine if the proposed portable toilets comply with HAR statutes given that the applicant is proposing to construct a permanent pavilion. During consultation with the DOH, their office informed us that HAR 11-62-06(e) does not apply in this case since there is no plumbing proposed for the pavilion and they would not comment on the proposed use as there would be no wastewater generated by the structure. Additionally,the portable toilets are proposed due to the practical difficulty of installing an Individual Wastewater System for the proposed use since there is no County water available to the site. According to DWS, no pipeline (for customer use) fronts the project area, so it is considered "out of bounds". In order to get County water to the site, a remote meter would need to be established and a pipeline built over considerable distance to supply potable water to the site required for hand washing. Temporary Structures With regard to the use of temporary tents to hold church services while the permanent pavilion is being constructed, the applicant acknowledges the circumstances under which temporary permits may be issued and the 180-day limit. The applicant will work with the Department of Public Works Building Division to obtain any necessary time extensions to her temporary permit and/or apply for a new temporary permit(s) as needed in order to stay in compliance with Building Code regulations. Pavilion Structure Upon further consideration of the proposed pavilion structure, the applicant is proposing for the structure to be roughly 40' x 40' and approximately 13' high. It will be wood framed with a metal roof and concrete footings. It is estimated that it will cost approximately $10,000 and construction is anticipated to be completed within 18 months. The pavilion will not have walls, but shipping containers will be placed along three sides of the pavilion to create a wind block. A revised site plan is attached along with conceptual elevation drawings. Potable Water Tank A 4,000-gallon potable water tank is proposed for guest convenience. It is anticipated that the potable water use will be minimal. We trust that everything is in order for your acceptance and processing of this application. If not, or if there are questions relating to this matter,please feel free to direct them to me. Thank you very much. Sincerely, John Pipan Planning Administrator Enclosures DII IIVMVH DNINNVId UNVI a sCD X011808!SX 00 801 lox Aa VNIWI1d 8d ��FER LPN�SGPP\Nc'P' =L LU Zw; W CO Fz� CO O �W a 20U) LU ,zo LL,c UsoO >LU a=O> ww0Q cnma0- 0 a. z � a� cn Q =?w Q W � � W �r¢ � H � woo as L o U Cl) n Q J a w - 20.0 'o oCO �y �p F2g�oSSoM�P�\�c G\NGE CONCEPTUAL SIDE ELEVATION a FRONT/REAR ELEVATION DII IIVMVH DNINNVId UNVI a sCD X011808!SX 00 801 lox Aa VNIWI1d 8d ��FER LPN�SGPP\Nc'P' =L LU Zw; W CO Fz� CO O �W a 20U) LU ,zo LL,c UsoO >LU a=O> ww0Q cnma0- 0 a. z � a� cn Q =?w Q W � � W �r¢ � H � woo as L o U Cl) n Q J a w - 20.0 'o oCO �y �p F2g�oSSoM�P�\�c G\NGE LAND,* PLANNING 194 Wiwoole St. Hilo, HI 96720 (808) 333-3393 HAWAII LLC info@landplanninghawaii.com March 13, 2024 Mr. Jeffrey Darrow, Deputy Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Darrow: Subject: Additional Information Pertaining to Special Permit Application (PL- SPP-2023-000058) Attn: Christian Kay Applicant: Hope Dia-mend Ministries Ocean View, South Kona,Hawaii TMK: (3) 9-2-008:019 This letter is in response to a December 15, 2023 email requesting additional information pertaining to the subject Special Permit Application with regard to wastewater, temporary structures, a proposed pavilion structure and potable water tank capacity. Additional information on these items is provided below. Wastewater The applicant is proposing to rent two portable toilet facilities to support the proposed use of the property. Those portable toilets would be serviced weekly by Kona Lua Inc. Your department noted HAR I 1-62-06(e) "No holding tank, except for public facilities, and no privy shall be used.No portable toilets shall be used for any permanent structure unless approved by the director" and requested consultation with the Department of Health(DOH) to determine if the proposed portable toilets comply with HAR statutes given that the applicant is proposing to construct a permanent pavilion. During consultation with the DOH, their office informed us that HAR 11-62-06(e) does not apply in this case since there is no plumbing proposed for the pavilion and they would not comment on the proposed use as there would be no wastewater generated by the structure. Additionally,the portable toilets are proposed due to the practical difficulty of installing an Individual Wastewater System for the proposed use since there is no County water available to the site. According to DWS, no pipeline (for customer use) fronts the project area, so it is considered "out of bounds". In order to get County water to the site, a remote meter would need to be established and a pipeline built over considerable distance to supply potable water to the site required for hand washing. Temporary Structures With regard to the use of temporary tents to hold church services while the permanent pavilion is being constructed,the applicant acknowledges the circumstances under which temporary permits may be issued and the 180-day limit. The applicant will work with the Planning Dept. Exhibit 3 Department of Public Works Building Division to obtain any necessary time extensions to her temporary permit and/or apply for a new temporary permit(s) as needed in order to stay in compliance with Building Code regulations. Pavilion Structure Upon further consideration of the proposed pavilion structure,the applicant is proposing for the structure to be roughly 40' x 40' and approximately 13' high. It will be wood framed with a metal roof and concrete footings. It is estimated that it will cost approximately $10,000 and construction is anticipated to be completed within 18 months. The pavilion will not have walls,but shipping containers will be placed along three sides of the pavilion to create a wind block. A revised site plan is attached along with conceptual elevation drawings. Potable Water Tank A 4,000-gallon potable water tank is proposed for blest convenience. It is anticipated that the potable water use will be minimal. We trust that everything is in order for your acceptance and processing of this application. If not, or if there are questions relating to this matter,please feel free to direct them to me. Thank you very much. Sincerely, John Pipan Planning Administrator Enclosures DII IIVAAVH DNINNV]d . 0 V &,UNVI N 0 113 0 0 1 S N 0 0 0 0 1 lox A 0 V N I W I I 1 8d =WW Z lb cw� 2w(0)(n w 00 Pz w 0 W,z g 'swo WW w a-w Tzw wo 10- CL 0- LL w 0 in fL r- % 0-ossoo CONCEPTUAL Will SIDE ELEVATION 0 FRONT/REAR ELEVATION 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-2023-000058) Applicant: Hope Dia-Mend Ministries Corporation Request: To Establish a Temporary and Permanent Church and Related Improvements TMK: 9-2-008:019 We have reviewed the subject request and provide the following comments: 1 . All activities shall comply with the requirements of Hawaii County Code (HCC), Chapter 10, Erosion and Sedimentary Control. 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. 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. 4. Our records, indicate that there is currently an open grading violation from 2022 for this property. Questions may be referred to Robyn Matsumoto at 961-8924. Planning Dept. Exhibit 4 County of Hawaii is an Equal Opportunity Provider and Employer i�WATFR 4 f 39= f49 \ DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII �se .......••'a� 345 KEKUANAO'A STREET, SUITE 20 HILO, HAWAI-196720 as irnW N�' TELEPHONE(808)961-8050 • FAX(808)961-8657 April 18, 2024 RECD HAND DELIVERED RECD HAND DELIVERED TO: Mr. Zendo Kern, Director Planning Department CDH Pl AIWING DEPT FROM: Keith K. Okamoto, Manager-Chief Engineer APR 19 2024 PM4:24 SUBJECT: Special Permit Application (PL-SPP-2023-000058) Applicant: Hope Dia-Mend Ministries Corporation Request: To Establish a Temporary and Permanent Church and Related Improvements Tax Map Key 9-2-408:019 We have reviewed the subject request and have the following comments. Please be informed that the subject parcel is not within the Department's service limits. The nearest Department of Water Supply system is located in the town of Waiohinu. Therefore,we have no objection to the applicant's request as the subject parcel is not within the Department's existing service limits. 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, � V Ll• C Keith K. Okamoto, P.E. Manager-Chief Engineer RQ:dfg copy— Hope Dia-Mend Ministries Corporation Land Planning 14awai`i LLC Planning Dept. Exhibit 5 . . . Nater, Our Yost Precious Resource . . . Ka Wai,4 pane . . . The Department of Water Supply is an£qua!Opportunity provider and employer. Mitchell D.Roth '�'��„' ��;;�� Ramzi I.Mansour Mayor Director Deanna S. Sako Brenda Iokepa-Moses Managing Director .'°F"' Deputy Director County of Hawaii 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, Director Department of Environmental Management DATE: April 3, 2024 SUBJECT: Special Permit Application(PL-SPP-2023-000058) Applicant: Hope Dia-Mend Ministries Corporation Request: To Establish a Temporary and Permanent Church and Related Improvements Tax Map Key: (3) 9-2-008:019; Ka`u, 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 Depi. Exhibit 6 County of Hawai'i is an Equal Opportunity Provider and Employer o F• DAWN N.S.CHANG JOSH GREEN,M.D. hq GOVERNOR I KE KIA'AINA ,��' }9599` CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES y �r COMMISSION ON WATER RESOURCE SYLVIA LUKE i MANAGEMENT LIEUTENANT GOVERNOR I KA HDPE KWAINA p j RYAN K.P.KANAKA'OLE FIRST DEPUTY Po t t +3YtC- DEAN D.UYENO • ACTING DEPUTY DIRECTOR-WATER AQUATIC RESOURCES BOATING AND OCEAN RECREATION o STATE OF HAWAII I KA MOKU'AINA'O HAWAII BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE Qy MANAGEMENT DEPARTMENT DEPARTMENT OF LAND AND NATURAL RESOURCES CONSERVATION AND COASTAL LANDS KA'OIHANA KUMUWAIWAI'AINA CONSERVATION AND RESOURCES k t� ENFORCEMENT ENGINEERING FORESTRY AND WILDLIFE DIVISION OF FORESTRY AND WILDLIFE KAHOOLAwiOSLAND RESERVATION ESERVET OMMISSION HAWA%% 1151 PUNCHBOWL STREET, ROOM 325 `AND STATE PARKS HONOLULU, HAWAII 96813 May 24, 2024 Log no. 4505 MEMORANDUM TO: RUSSELL Y. TSUJI, Administrator Land Division FROM: LINDSEY NITEMANN, Acting Wildlife Program Manager Division of Forestry and Wildlife SUBJECT: Request for Comments on Special Permit Application (PL-SPP-2023- 000058) — Request to Establish a Temporary and Permanent Church and Related Improvements; Hope Dia-Mend Ministries; 92-8988 Ginger Blossom Lane, Hawaiian Ocean View Estates Subdivision, Ka'u, Island of Hawaii. The Department of Land and Natural Resources, Division of Forestry and Wildlife (DOFAW) has received your request for comments on Special Permit Application (PL- SPP-2023-000058) submitted by Hope Dia-Mend Ministries to build and operate a temporary and permanent church facility at 92-8988 Ginger Blossom Lane, Hawaiian Ocean View Estates Subdivision, Ka'u. The proposed project site is a 1 .0 acre parcel, zoned Agriculture 1-acre (A-1a), on TMK (3) 9-2-008: 019. Under the Special Permit request, the applicant intends to construct a 600 square foot partially enclosed pavilion to host three weekly church services, a gravel driveway, thirty-eight (38) parking spaces, a shipping container for storage, two (2) portable bathrooms, a water catchment tank for fire suppression, and a separate potable water tank. The applicant is requesting to use temporary tents for a maximum of eighteen (18) months while the pavilion is being built to prevent further disruption of church services. The proposed prokect site is approximately 6 miles from the coastline and is not within the Conservation District or Special Management Area. No professional survey of the flora and fauna was done. The parcel has been cleared and fully graded and contains very little vegetation; no 'ohi'a trees are present. DOFAW concurs with the measures included in the Special Permit Application intended to avoid construction and operational impacts to State-listed species including the 'ope'ape'a or Hawaiian Hoary bat (Lasiurus cinereus semotus) and 'io or Hawaiian Hawk (Buteo solitarius). We also appreciate the measures outlined to minimize the movement of plant and soil material to prevent the spread of invasive species. DOFAW Planning Depr. Exhibit 7 provides the following additional comments regarding the potential for the proposed work to affect listed species in the vicinity of the project area. Artificial lighting can adversely impact seabirds that may pass through the area at night by causing them to become disoriented. This disorientation can result in their collision with manmade structures or the grounding of birds. For nighttime work that might be required, DOFAW recommends that all lights used be fully shielded to minimize the attraction of seabirds. Nighttime work that requires outdoor lighting should be avoided during the seabird fledging season, from September 15 through December 15, when young seabirds make their maiden voyage to sea. If nighttime construction is required during the seabird fledgling season (September 15 to December 15), we recommend that a qualified biologist be present at the project site to monitor and assess the risk of seabirds being attracted or grounded due to the lighting. If seabirds are seen circling around the area, lights should then be turned off. If a downed seabird is detected, please follow DOFAW's recommended response protocol by visiting https://dlnr.hawaii.gov/wildlife/seabird-fallout-season/ Permanent lighting also poses a risk of seabird attraction, and as such should be minimized or eliminated to protect seabird flyways and preserve the night sky. For illustrations and guidance related to seabird-friendly light styles that also protect seabirds and the dark starry skies of Hawai'i please visit https://dlnr.hawaii.gov/wildlife/files/2016/03/DOC439.pdf. The project area is within the range of the State listed Blackburn's Sphinx Moth (Manduca b/ackburni) or BSM. Larvae of BSM feed on many nonnative hostplants, which includes tree tobacco (Nicotiana g/auca), that grow in disturbed soil. We recommend contacting the Hawai'i Island Branch DOFAW office at (808) 974-4221 for further information about where BSM may be present and whether a vegetation survey should be conducted to determine the presence of plants preferred by BSM. DOFAW recommends removing plants less than one meter in height during the dry season to avoid harm to BSM. If you intend to either remove tree tobacco over one meter in height or to disturb the ground around or within several meters of these plants, they must be thoroughly inspected by a qualified entomologist for the presence of BSM eggs and larvae. DOFAW recommends using native plant species for landscaping that are appropriate for the area, i.e., plants for which climate conditions are suitable for them to thrive, plants that historically occurred there, etc. Please do not plant invasive species. DOFAW also recommends referring to www.plantpono.org for guidance on the selection and evaluation of landscaping plants and to determine the potential invasiveness of plants proposed for use in the project. Avoid importing soil or other plant material from off-island. Soil and plant material may contain fungi (e.g., Rapid 'Ohi'a Death) and other pathogens that could harm our native species and ecosystems. We recommend consulting the Hawai'i Interagency Biosecurity Plan at _h_t_tp://dlnr.hawaii.gov/hisc/plans/hibp/ in planning, design, and construction of the project.The invasive Coconut Rhinoceros Beetle (CRB) or Oryctes rhinoceros is found on the islands of O'ahu, Hawai'i Island, Maui and Kaua'i. On July 1, 2022, the Hawaii Department of Agriculture (HDOA) approved Plant Quarantine Interim Rule 22-1 . This rule restricts the movement of CRB-host material within or to and from the island of Oahu, which is defined as the Quarantine Area. Regulated material (host material or host plants) is considered a risk for potential CRIB infestation. Host material for the beetle specifically includes (a) entire dead trees, (b) mulch, compost, trimmings, fruit and vegetative scraps, and (c) decaying stumps. CRIB host plants include the live palm plants in the following genera: Washingtonia, Livistona, and Pritchardia (all commonly known as fan palms), Cocos (coconut palms), Phoenix (date palms), and Roystonea (royal palms). When such material or these specific plants are moved there is a risk of spreading CRIB because they may contain CRB in any life stage. For more information regarding CRB, please visit https://dlnr.hawaii.gov/hisc/info/invasive- species-profiles/coconut-rhinoceros-beetle/. DOFAW is concerned about impacts to vulnerable birds from nonnative predators such as cats, rodents, and mongooses. We recommend taking action to minimize predator presence; remove cats, place bait stations for rodents and mongoose, and provide covered trash receptacles. Cats prey on native birds, including State-listed endangered waterbirds, seabirds, and forest birds. Predation is instinctive and means that even well-fed cats will hunt and kill wildlife. Therefore, DOFAW recommends that pet cats be kept indoors or safely contained. In addition, no feeding of feral cats should occur on the premises. Due to the arid climate and risk of wildfire to listed species, we recommend coordinating with the Hawai'i Wildlife Management Organization at (808) 850-0900 or admin@hawaiiwildfire.org, on how wildfire prevention can be addressed in the project area. When engaging in activities that have a high risk of starting a wildfire (i.e. welding in grass), it is recommended that you: o Wet down the area before starting your task, o Continuously wet down the area as needed, o Have a fire extinguisher on hand, and o In the event that your vision is impaired, (i.e. welding goggles) have a spotter to watch for fire starts. We appreciate your efforts to work with our office for the conservation of our native species. These comments are general guidelines and should not be considered comprehensive for this site or project. It is the responsibility of the applicant to do their own due diligence to avoid any negative environmental impacts. Should the scope of the project change significantly, or should it become apparent that threatened or endangered species may be impacted, please contact our staff as soon as possible. If you have any questions, please contact Kate Cullison, Protected Species Habitat Conservation Planning Coordinator via email at katherine.cullison(a)-hawaii.gov. Sincerely, LINDSEY NITEMANN Acting Wildlife Program Manager DeVera, Ashley From: Honda, Eric T. <Eric.Honda@doh.hawaii.gov> Sent: Friday, April 12, 2024 2:00 PM To: Planning Internet Mail Subject: PL-SPP-2023-000058 Attachments: PL-SPP-2023-000058 TMK9-2-008--019.pdf Eric Honda District Environmental Health Program Chief Hawai'I State Department of Health I Ka `Oihana Olakino 1582 Kamehameha Ave., Hilo HI 96720 Office: (808) 933-0917 CONFIDENTIALITY NOTICE: This mail message (and attachments) is for the sole use of the intended recipient(s). It may contain confidential and/or privileged information. It might also be protected from disclosure under the Hawai'i Uniform Information Practice Act (UIPA)or other laws and regulations. Review, use, disclosure, or distribution by unintended recipients is prohibited. If you are not the intended recipient, please contact the sender immediately in a separate e-mail and destroy the original message and any copies. Planning Dept. Exhibit 8 i 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 12, 2024 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Special Permit Application (PL-SPP-2023-000058) Applicant: Hope Dia-Mend Ministries Corporation Request: To Establish a Temporary and Permanent Church and Related Improvements Tax Map Key: (3) 9-2-008:019, Ka`u, 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: hgps://health.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), Chapters 11-59 and 11-60.1. Zendo Kern April 12, 2024 Page 2 of 4 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: hgps://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: hltps://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 11 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 hqps://health.hawaii.gov/irhb/asbestos/. Safe Drinking Water Branch Zendo Kern April 12, 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 12, 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. DeVera, Ashley From: Domino, Chris Sent: Thursday, May 2, 2024 3:42 PM To: Planning Internet Mail Subject: PL-SPP-2023-00003 Attachments: 13D-10.doc To Whom It May Concern, Please find the BD10 form with comments to the mentioned special permit application. Should there be any further needed information or questions, please feel free to contact me. Mahalo Building Plans Examiner V Office— 808-323-4720 Direct— 808-323-4723 Email —Chris.Domino@hawaiicounty.gov Planning Dept. Exhibit 9 1 ��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 May 3, 2024 TO: Christian Kay - County of Hawaii — Planning Dept. County Of Hawaii Planning Department 101 Pauahi St. Ste. #3 Hilo, HI. 96720 SUBJECT: Special Permit Application PL-SPP- 2023-000058 Applicant: Hope Dia-Mend Ministries Corporation Request: To Establish a Temporary and Permanent Church and Related Improvement TMK: (3) 9-2-008:019: Ka'u, 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 CE2023-00003 ® Building ❑ Electrical ❑ Plumbing ❑ Sign ® Others: All existing violations need to be addressed. All existing structures shall be permitted or removed. 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 Hawai'i County is an Equal Opportunity Provider and Employer BD-10 Hawai'i County is an Equal Opportunity Provider and Employer BD-10 From: Chris Enos To: WPCtestimonv Subject: Special Permit application for Hope Dia-Mend Ministries Corporation.TMK#920080190000 Date: Tuesday,May 7, 2024 9:20:41 AM We moved into our home in 2013 and there wasn't very much on our lot but rocks and a few Kukui trees in front. We worked hard for several years planting and building our farm. We now have many fruit trees, pineapples, bananas, etc. We also have a pig and some chickens that give us eggs. For seven years we enjoyed working on our farm as our little bit of paradise and felt blessed to be here.Then our life changed. First the lot down the street at 92-8988 Ginger Blossom Lane was cleared with a tractor, a container was brought in and a huge tent was erected along with a lean-to in the back. At first we weren't very concerned until large groups of cars started coming in with lines down the road to the highway.Then they started yelling and screaming on their loudspeakers into the neighborhood almost daily. A friend of mine two miles away said he heard them at his house a few times. At over Eight hundred feet away sitting in my home with the doors and windows closed we could hear them yelling over my television. Carol is an epileptic and stress can bring about a seizure. In the first year or so she had four grand mal seizures after not having one for over eight years. Our pig got so frightened several times from their yelling she woke up and ran in a panic into a post in her pen and cracked her head. She also injured her leg several times panicking and running out of her house. Our chickens cowered in the corner in fear and stopped laying regularly. We didn't know what to do about it so for over a year we left our home to get away from it when we could. One of our neighbors apparently asked them to please quiet down.The next thing we know a man starts screaming into the neighborhood that they were asked to be quiet. He then yells into the microphone, "Are we going to be quiet".The large crowd responds with, "NO".They repeated yelling for several minutes. Another time he was yelling and growling about how much he hates the devil. He tells the crowd to scream as loud as they can to chase the devil away, he yells, "louder" over and over as they all scream. We heard a horn blowing over and over every morning for a month. We thought it was a child trying to learn how to blow a horn. When we saw it was an adult blowing what looks to be an Ibex horn at each corner of the property as they walked, we had enough. We went down there and told them how annoying it was and that Carol was having seizures, our pig injured herself, and the chickens weren't laying. We told her a friend could hear them two miles away.The pastor appeared very pleased with herself and stated, "We are trying to reach all the bad people out there".They stopped the horn but continued their assault on the neighborhood, turning up the volume. Seeing how aggressive they were and with such a large crowd, we went to the police station in Na'alehu to see what our options were. We were told to just call 911 every time they started screaming and build up a record. After a few weeks we went back, but not wanting to burden the police with 911 calls we were desperate for some help. One of the officers suggested we check with zoning. Carol and I each filed a complaint (PCV-2022-00274) on September 26th, 2022. On October 2, 2022 when they were congregating the man got on the microphone and yelled, "We only take orders from God". At the end of December a storm blew their tent apart. On January 3rd, 2023 they began rebuilding their tent. They applied for a Special Permit that was entered into the EPIC system. Elizabeth Gillis gave them a road map of how to be successful getting a permit approved.They then were refunded the fee for the permit and it was cancelled. They decided to move two blocks down the road and continue without a permit. Apparently feeling they were getting away with it they became bolder and returned to the Ginger Blossom location to rebuild and make more loud noise. On March 15th Planning Dept. Exhibit 10 2023 the County of Hawaii Planning Department issued them a notice of violation. April 1St, 2023 a huge gust of wind blew the rest of their tent apart. July 17th, 2023 they are back gathering from 2:30 till 6:00 pm yelling, clapping and screaming. On August 27th, 2023 they gather in a circle and chant and head back to the lean-to to continue clapping and cheering, and yelling.The next day when we get back from Costco, we see two rusting shipping containers have been brought in. When I looked on the EPIC system to see what was going on, the system showed no complaint and no Special Permit application in the system. Now it shows the lean-to in the back like it was always there. They have already proven they have no respect for the neighborhood, codes, or the law and will continue screaming into the neighborhood, 'trying to reach the bad people'.The loud screaming and noise is not compatible for a farm with animals or people. Working outside in the yard or in the house with the doors and windows closed while they are here screaming is unacceptable.Tents and shipping containers do not enhance home values. Cog DLcIN ING G-PT Chris Enos and Carol Hall MAY 16 2024 Amlo:5s 92-9013 Ginger Blossom Lane, PO Box 6292 RECD HAND DELIVERED Ocean View, Hawaii,96737 (360)695-0774 RE: Special Permit Application for TMK#3-9-2-008=019-0000, Hope Dia-Mend Ministries Testimony We moved into our home in 2013 and there wasn't very much on our lot but rocks and a few Kukui trees in front. Working hard for several years planting and building our farm we now have many fruit trees, pineapples, bananas, etc.We also have a pig and some chickens that give us eggs. For seven years we enjoyed working on our farm as our little bit of paradise and felt blessed to be here.Then our life changed. First the lot down the street at 92-8988 Ginger Blossom Lane was cleared with a tractor, a container was brought in and a huge tent was erected along with a lean-to in the back. At first we weren't very concerned until large groups of cars started coming in with lines down the road to the highway.Then they started yelling and screaming on their loudspeakers into the neighborhood almost daily.A friend of mine two miles away said he heard them at his house a few times. At over eight hundred feet away sitting in my home with the doors and windows closed we could hear them yelling over my television. Carol is an epileptic and stress can bring about a seizure. In the first year or so she had four grand mal seizures after not having one for over eight years. Our pig got so frightened several times from their yelling she woke up and ran in a panic into a post in her pen and cracked her head. She also injured her leg several times panicking and running out of her house. Our chickens cowered in the corner in fear and stopped laying regularly. We didn't know what to do about it so for over a year we left our home to get away from it when we could. One of our neighbors apparently asked them to please quiet down. The next thing we know a man starts screaming into the neighborhood that they were asked to be quiet. He then yetis into the microphone, "Are we going to be quiet".The large crowd responds with, "NO".They repeated yelling over and over.Another time he was yelling and growling about how much he hates the devil. He tells the crowd to scream as loud as they can to chase the devil away, he yells, "louder" over and over as they all scream. We heard a horn blowing over and over every morning for a month. We thought it was a child trying to learn how to blow a horn. When we saw it was an adult blowing what looks to be an Ibex horn at each corner of the property as they walked, we had enough.We went down there and told them how annoying it was and that Carol was having seizures, our pig injured herself, and the chickens weren't laying. We told her a friend could hear them two miles away.The pastor appeared very pleased with herself and stated, "We are trying to reach all the bad people out there". They stopped the horn but continued their assault on the neighborhood, turning up the volume. Seeing how aggressive they were and with such a large crowd, we went to the police station in Na'alehu to see what our options were. We were told to just call 911 every time they started screaming and build up a record.After a few weeks we went back, but not wanting to burden the police with 911 calls we were desperate for some help. One of the officers suggested we check with zoning. Carol and I Planning Dept. Exhibit 11 each filed a complaint (PCV-2022-00274) on September 26th, 2022. On October 2, 2022 when they were congregating the man got on the microphone and yelled, "We only take orders from God". At the end of December a storm blew their tent apart. On January 311, 2023 they began rebuilding their tent. They applied for a Special Permit that was entered into the EPIC system. Elizabeth Gillis gave them a road map of how to be successful getting a permit approved. They then were refunded the fee for the permit and it was cancelled.They decided to move two blocks down the road and continue without a permit. Apparently feeling they were getting away with it they became bolder and returned to the Ginger Blossom location to rebuild and make more loud noise. On March 15t", 2023 the County of Hawaii Planning Department issued them a notice of violation. April 1", 2023 a huge gust of wind blew the rest of their tent apart. July 1711, 2023 they are back gathering from 2:30 till 6:00 pm yelling, clapping and screaming. On August 271", 2023 they gather in a circle and chant and head back to the lean-to to continue clapping and cheering, and yelling. The next day when we get back from Costco, we see two rusting shipping containers have been brought in. When I looked on the EPIC system to see what was going on, the system showed no complaint and no Special Permit application in the system. Now it Shows the lean-to in the back iike it was always there. They have already proven they have no respect for the neighborhood, codes, or the law and will continue screaming into the neighborhood, 'trying to reach the bad people'.The loud screaming and noise is not compatible for a farm with animals or people. Working outside in the yard or in the house with the doors and windows closed while they are here screaming is unbearable. Tents and shipping containers does not enhance home values. I would like to present in person testimony with video on my tablet. Thank you. From: Jonette Kiesow To: W PCtesti mons Subject: Regarding Applicant: Hope Did-Mend Ministries App#PL-SPP-2023-000058 Date: Tuesday,June 4,2024 10:16:52 AM Dear Chairman Dennis Lin, Windward Planning Commission, My name is Jonette Kiesow. I have been a resident of Ocean View, HI since 2014. Hope Dia-mend Ministries ministered to me for several years in the community of Ka'u with free community events for Easter, Halloween, July 4th, Thanksgiving, and Christmas,just to name a few. They are always looking for opportunities to give to the community in food and good counsel. Much has changed for the good in this community since I moved here and Hope Dia- mend Ministries has had a large influence in helping people change their lives for the good of not only for themselves but also for others. I began to serve with them in about 2017. During COVID they did not stop in looking for safe ways to continue to give, traveling many miles to pick up meals and produce/food as it became available... all for free. They have more plans to expand services and that is why this application needs to be granted to provide the opportunity to have a base to operate from. The Planning Commission not only needs to approve this application but also, if there is any provision for grants or donations,to provide whatever Hawaii County has to offer to those non-profit organizations who are being good for their community. Thank you for hearing my testimony. Attached are thank you cards generated by people in the community who are very grateful for the giving Hope Dia-mend Ministries has done. Sincerely, Jonette Kiesow 92-1719 Lua Drive Ocean View, HI 808-895-9955 Planning Dept. Exhibit 12 i 5 _ w, re = 3: e a { _ DIOL � 5 _ i _ Al - "13 4`3- SRM -khat- Op • � ��. UP) Soa . � v� From: Kimberly Hill To: WPCtestimony Subject: Hope Dia-Mend Ministries testimony Date: Tuesday,June 4,2024 7:02:47 AM To Chairman Dennis Lim,Windward Planning Commission, This is regarding Application PL-SPP-2023-000058 I have known Pastor Pam Ako for 4 years and have worked with her in ministry.We have done conferences, retreats,and pastors meetings together.She is respected in the community and has a church seeking to please God and help the community of Ka'u.Her application needs to be approved so we have more lights in our community who are helping people in need.I know many people who's lives have been changed for the better and transformed by her ministry.Pastor Pam Ako is a person of integrity with a deep love for God and highly gifted to bring God's heart to the people of Hawaii.I am asking for her special use permit on their land to be granted speedily.There should be no hinderances to our constitutional freedoms. Aloha, Pastor Kimi Hill, House of Glory Hilo Sent from my iPhone Planning Dept. Exhibit 13 From: James Ontai To: WPCtestimony Subject: Attention Chairman Dennis Lin C/O Hope Dia-Mend Ministries App#PL-SPP-2023-000058 Date: Monday,June 10,2024 3:05:12 PM Aloha Chairman Dennis Lin, Re:Applicant: Hope-Dia-Mend Ministries App# PL-SPP-2023-000058 My name is James Ontai from South Kona, Hawaii. I am a Master Mechanic here at Hawaiian Telcom's Kailua-Kona Branch. I am writing in favor of Hope Dia-Mend Ministries being issued a Special Use Permit to conduct Church Services and Food Ministries at the Ginger Blossom location. Their Ministry's Core Values align with our vision in giving back to the people in need. Hawaiian Telcom's Malama Program covers 40 Hours a Week of my time to help with the Food Distribution at Hope Dia-Mend. Me and my family are also members of Hope Dia-Mend Ministries and Food Outreach Program which is also sponsored by Hawaii Island Food Basket. I hope you take my testimony into consideration for Hope Dia-Mend's Special Use Permit Application to move forward. Sincerely and Thank You, James Ontai III Mobile (808) 936-1981 Office (808) 329-5064 86-4374 Mamalahoa Hwy Captain Cook, Hawaii 96704 Planning Deps. Exhibit 14 From: Chris Enos To: WPCtestimony Subject: Special Permit application for Hope Dia-Mend Ministries @ 92-8988 Ginger Blossom Lane Date: Friday,June 14, 2024 9:10:34 AM Additional testimony; Chris Enos and Carol Hall 92-9013 Ginger Blossom Lane Ocean View, Hawaii, 96737 cmrenos(cr�.outlook_com Three video links with sound were taken from our front porch with an old Samsung tab. The yelling is heard very loud on the tab but when transferred to the computer it is not so much so please turn up the volume. I will bring in the tab to the hearing. https://drive.gooV,le.com/file/d/1-9111Yvle-jpDHneRYVbBOSeGnDuGpM_b/view? usp=drive link Oct 2, 2022 https://drive.google.com/file/d/1-DsCiyWFBGbudnh8vBSayxil7_h38MSE/view? usp=drive link Oct.9, 2022 about 48 seconds in she yells 'Fire' over and over. hUs:Hdrive.google.com/file/d/1-G3ON4V zIg Vi OQAM4ATgAOca22VWxRF/view? usp=drive_link August 27, 2023 About 27 seconds in yelling. Day before two more huge containers brought in. Planning Dept. Exhibit 15 From: eric kiesow To: WPCtestimony Subject: Regarding Reference applicant: Hope Dia-mend Ministries APP#PL-SPP-2023-000058 Date: Wednesday,June 19, 2024 5:23:23 PM Dear Chairman Dennis Lin, Windward Planning Commission, Hope Dia-mend Ministries is a valuable helper in our community. They are being a positive force in many lives. I have seen lives changed in positive ways through their work. Having them back on their land will be good for our community. Sincerely, Eric Kiesow 92-1719 Luau Dr Ocean View Hi 96737 Planning Dept. Exhibit 16 From: carrie cameron To: W PCtesti mony Subject: Regarding reference:applicant Date: Saturday,June 22,2024 4:19:22 PM Dear Chairman Dennis Lin,Windward Planning Commission, My name is Carrie Cameron,I've been part of this community for 13 years.Pam and Lance Ako were some of the first people we met here on island.Their family has impacted this community for the good with pure love and intentions.I appeal to you to give their land back to hold church and continue to use that land to better the community.She has feeding programs,holidays and celebrations as a church.This land is ideal for continuing this ministry.Thanks for your time. Carrie Cameron Sent from my iPad Planning Dept. Exhibit 1 7 LAND,* PLANNING t* 194 Wiwoole St. Hilo, HI 96720 (808) 333-3393 HAWAII LLC info@landplanninghawaii.com June 11, 2024 Mr. Jeffrey Darrow, Deputy Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Darrow: Subject: Attn: Christian Kay Special Permit Application (PL-SPP-2023-000058) Applicant: Hope Dia-mend Ministries Ocean View, South Kona,Hawaii TMK: (3) 9-2-008:019 The letter is intended to address a May 8, 2024 email from your department requesting additional information and a response to public comments relating to the subject special permit application. The special permit requests to establish a church and related improvements on the subject property. In an email from your department dated May 8, 2024, you requested an explanation for discrepancies between the representations made in the application and information presented in public testimony provided to your office by a nearby landowner. The discrepancies relate to the operation timeline and the existence of temporary structures on the property. The applicant regrets any prior disruption the church services may have caused the testifier or any other nearby neighbor and insists that church operations ceased after receiving the Notice of Complaint letter in September of 2022. Since that time the applicant and fellow church members have visited the property on a number of occasions to break down tent structures and to establish shipping containers on the property in order to securely store the deconstructed tents and other materials on the property. We apologize that our background report mistakenly indicated that all temporary structures had been removed from the property. To clarify, a wooden shade cover, three shipping containers for storage and a mobile trailer toilet facility remain stored on the property. The temporary tent which had been previously used for the church services was dismantled and stored in one of the shipping containers. The existing structures are only being used for storage while the applicant awaits a decision on the Special Permit request. Music-based worship is a focal point of the church services and the applicant acknowledges that sound generated during the open-air church services may have been inadvertently disruptive to neighbors. In order to mitigate future sound impacts,the applicant proposes to construct an enclosed church structure. The structure will be approximately 40' x 40' and will provide adequate sound barrier to ensure that any sound impacts to surrounding property owners would be negligible. A revised conceptual site plan is attached here as Figure 1 and conceptual floor plan is as attached as Figure 2. After discussing the church construction with her builder,the Planning Dept. Exhibit 18 DII IIbMbH # DNINNV]d p o= Q X 0113001SX00 801 lox AaVNIWI1d 8d bA SGPp�NC'�V �.•• 0 m¢W a a� a I � . 0zLu w < cn x q CL ~ 00 > a x000 av (n \ U� % } }00 .w o �ZH 0 O 0 f ~~ FwO LL F (D 0 z z wo F U gaaOf arF Ro O 5 IL w rz ..f :o o� 7� 7_o SoM�PNE DII IIbMbH QZ # DNINNVId as ''�,► &,(INV] o '0 a p o= ULAQ X011808!S X 00 801 lox Aa VNIWI1d 8d N bIJ co 'v O O nl O V Z J CL O J LL J II o< _ H O CL M w w U Z Q O U ado U (n .0-.0b .I applicant is hopeful that she may be able to utilize the three existing shipping containers in the construction of the new church structure. Should incorporation of the shipping containers into the structure be too difficult to permit,the shipping containers will be moved to the back portion of the property and used for storage. While the permanent structure is being built, a temporary building permit will be obtained to erect a temporary tent under which church services will be held. In order to mitigate sound impacts, there will be no amplified sound during any services held in the temporary tent structure. Temporary portable toilets will be utilized only while the church building is under construction. Upon approval of the special permit request,the applicant will immediately begin pursuing building permits for both the temporary structure and the permanent church building. It is expected that permitting and construction of the new structure will take approximately 2 years to complete. With regard to the vegetative buffer, the applicant will begin planting along the perimeter of the property immediately upon approval of the special permit request. The applicant will use xeriscaping techniques and choose plants which are drought tolerant, require little watering and thrive in rocky environments.Podocarpus macrophyllus and Bougainvillea are examples of barrier vegetation that will grow well in the area. It is anticipated to take approximately 2 years for the landscaping to provide an effective visual buffer. Plants would be regularly watered until well established. The vegetative buffer will also help mitigate potential sound impacts as well. Finally,with regard to grading violation alleged in the Department of Public Works Engineering Division comment letter,the applicant hired a land clearing service to grade just under 1 acre of the property in 2022, but was unaware of the need for a grading permit or any grading violation. Upon receiving the comment letter, we requested a copy of the notice of violation from the Engineering Division. The applicant now has the violation notice and is working with a civil engineer to apply for a grading permit to resolve the matter. We trust that everything is in order for your acceptance and processing of this information. If not, or if there are questions relating to this matter,please feel free to direct them to me. Thank you very much. Sincerely, John Pipan Planning Administrator Enclosures