HomeMy WebLinkAboutCOM 0348.009 2002-2004Attachments
#1 Waters of Life ad first appearing 7-13-03 and timeline of events
#2 Photographs taken in November, 2000
a. Property adjoining Sunshine Farm
b. Sunshine Farm with existing shed COUMy Camd17 , 7
c. Property at entrance to Ala Loop
#3 Letter from the Planning Dept., City and County of Honolulu
Letter from the Planning Dept., County of Maui
#4 Copy of Hawaii County Planning Commission decision regarding Ala
Loop
(Submitted Ly Shelley ftanaoka)
Comm. No.
3493
Ref. Tofte!
Ref. Date
TIMELINE
July 13 - Ad first appears - this is
The only notification received by r(
New Student Enrollment
wai of a
"Waters of adi e'
Vu6tic Ckafter 6choot
Free—No Tuition
Accepting Applications for New Students
Grades K-12
Location: Sunshine Farms (Kurtistown/Mt. View area)
Telephone: 935-5882 Fax:935-4752
Email: watersoflifepcs@aol.com
Our School Features:
*Small Classes (10-19 students per class)
*Hands on, project based, environmentally
driven education
*Caring Teachers & Staff
*Active Parent Involvement
*Computer supported instruction (Smart
Boards in all classes)
*Bus Pick -u & Drop-off
•Hawaiian Studies Classes
•National Free & Reduced Lunch Program
*And More!
Instruction Begins August 221, 2003
Registration/Info available at Prince Kuhio Plaza all
weekends in July & August (Friday, Saturday, Sunday)
-7127/03 -t(13j'c3
July 16 - Waters of Life contacts the Public Works Dept. to say that/*gy03
are exempt from permits. Public Works corrects their impression.
July 22 - After much correspondence from the residents, the County
sends residents a letter saying they will take steps to contact Waters of
Life and advise them of legal requirements.
August 5 - Waters of Life holds informational meeting with residents and
tells them they will start school in 5 weeks with 160 students, expanding
to 300, and that almost all of the 28 acre farm will be utilized as the
school campus. Residents ask about pesticide screening and water
availability. Waters of Life says they will contact the water dept. that
week. Asked about the road, they say they don't think it will be a
problem, but it's the County's responsibility.
Sept. 2 - Waters of Life opens school year at Ainaloa Longhouse.
Sept. 3 - Buses of schoolchildren begin arriving on Sunshine Farm site
Sept.24- Ala Loop residents meet with the Mayor and Dept. heads. At
that meeting, residents are told that the Water Dept. and Sanitation
Dept. have not been contacted at all by Waters of Life. No permits of any
kind have been applied for or issued.
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t
91
DEPARTMENT OF PLANNING AND PERMITTING
CITY AND COUNTY OF HONOLULU
JEREMY HARRIS
MAYOR
Ms. Shelley Hanaoka
P.O. Box 161
Hilo, Hawaii 96721
Dear Ms. Hanaoka:
650 SOUTH KING STREET • HONOLULU. HAWAII 96813
TELEPHONE 18081 523-4414 • FAX (80815276743 • INTERNET wwwco.honolulu hi us
September 19, 2003
Charter Schools
ERIC G CRISPIN, AIA
DIRECTOR
BARBARA KIM STANTON
DEPOTv DIRECTOR
20031ELOG-2978 (JP)
This responds to your inquiry dated September 10, 2003 concerning procedures required to establish a charter
school on agriculturally zoned land on Oahu. Charter schools are regulated as "Schools: elementary,
intermediate, high" ("schools") for purposes of our Land Use Ordinance (LUO).
The City and County of Honolulu, which encompasses the entire island of Oahu, has two agricultural zoning
districts: the AG -1 Restricted Agricultural District and AG -2 General Agricultural District. Schools are not a
permitted use in the AG -1 District; therefore, a use variance would be required to allow a school on an AG -1
District zoning lot. Please note that use variances are typically very difficult to support Schools are permitted
uses in the AG -2 District, with an approved conditional use permit (CUP). Use variances and CUPS are
processed by our department, with decision making by the director. There is a public hearing requirement for
all variances; the CUP may require a public hearing, depending on anticipated impact.
If a school is proposed to be located on land which is also within the State Land Use Agriculture District, then
an approved Special Use Permit (SUP) is also required. Generally, the SUP must be issued before either a
variance (for a school in the AG -1 District) or CUP (for a school in the AG -2 District) can be considered;
although, concurrent processing may be possible. Any SUP application which involves more than 15 acres is
processed by the State of Hawaii Land Use Commission; whereas an application involving 15 acres or less is
processed by this department, with decision making by our Planning Commission. In either case, a public
hearing will be held.
I hope this information is useful. Please contact Jamie Peirson of our staff at 527-5754 if you have any
questions.
Sincerely yours,
^I/7lh
ERIC G. CRISPIN, AIA
zl"irector of Planning and Permitting
EGC:cs
POSSEdoc nn 147457
Oct -07-03 01:04pm From -DEPT OF PLANNING COUNTY OF MAUI 808-242819 7-200 P.01/01 F-668
M9ycr.. _ .....„ . y
MICHAEL W. FOLEY
Director
WAYNE A. SOTEILHO y r
Deputy Director . a!"
COUNTY OF MAUI
DEPARTMENT OF PLANNING
October 6, 2003
Ms. Shelly Hanaoka
P. O. Box 161
Hilo, Hawaii 96721
Dear Ms. Hanaoka:
Re: PROPOSED SCHOOL WITHIN THE COUNTYAGRICULTURALDISTRICT
Thank you for your letter of September 10, 2003.
Schools are not permitted within the County's Agricultural district. County
Conditional Use and State Special Use permits will be required. If the school site is over
15 acres, the State Special Use permit would be processed by the State Land Use
Commission.
If you have any questions regarding this letter, you may call Trisha Kapua'ala, Staff
Planner, at (808) 270-7253.
Sincerely,
lklr �C-
MICHAEL W. 0
Planning Director
MW F:AHS:nsg
xc: Clayton I. Yoshida, AICP, Planning Program Administrator
Francis Cerizo, Staff Planner
Trisha Kapua'ala, Staff Planner
03/ZAED General File
K..'W P_DOCSPLANNINGILETTERSVV2003'3,9D4ehpAerschl.wp0
250 SOUTH HIGH STREET, WAILUKU, MAUI, HAWAII 99793
PLANNING DIVISION (808) 270-7736; 20NING DIVISION (908) 270-7253: FACSIMILE (808) 270.7634
Stephen K. Yamashiro
may.,
CERTIFIED MAIL
2 416 228 819
July 27, 1995
Greg Lee, Trustee
Mountain View Congregation of
Jehovah's Witnesses
260 Kaiulani Street
Hilo, HI 96720
Dear Mr. Lee:
(guunfV of �tzfuttii
PLANNING COMMISSION
25 Aupuni Street, Ream 109 • Hilo, Hawaii 96720.4252
(808) 961.8288 Fu (808) 9619615
Special Permit Application No. 95-3
Applicant: Mountain View Congregation of Jehovah's Witnesses
Request: Establishment of a Church Meeting Facility
Twp Key@ 1-7-8.25
The Planning Commission at duly advertised public hearings on June 7, 1995 and July 13, 1995,
considered the above -referenced request for a Special Permit In accordance with Chapter 205-6,
Hawaii Revised Statutes, and Rule 6 of the Planning Commission, to allow the establishment of a
church meeting facility on approximately 1. 145 acres of land situated within the State Land Use
Agricultural District approximately 1,250 feet west (Keaau) side of the Volcano Road -Ala Loop
intersection, Olaa Reservation Lots, Puna, Hawaii.
The Commission voted to deny Special Permit No. 905 based on the following fundings:
In considering a Special Permit for any proposed use, Rule 6 of the Planning
Commission relating to Special Permits requires that such action conform to the following
guidelines:
a. Such use shall not be contrary to the objectives sought to be accomplished by
the Land Use Law and Regulations;
b. The desired use shall not adversely affect surrounding properties:
C. Such use shall not unreasonably burden public agencies to provide roads and
streets, sewers, water, drainage, school improvements, and police and fire
protection;
d. Unusual conditions, trends and needs have arisen since the district boundaries
and regulations were established;
Y55S
.a.. . ,•I
Greg Lee, Trustee
Mountain View Congregation of
Jehovah's Witnesses
Page 2
e. The land upon which the proposed use is sought is unsuited for the uses
permitted within the district;
The proposed use will not substantially alter or change the essential character
of the land and the present use:
The request will not be contrary to the General Plan and official Community
Development Plan and other documents such as Design Plans;
In addition to the guidelines detailed above, the Planning Commission must also find
that the proposed use:
a. Is an unusual and reasonable use of land situated within the Agricultural or
Rural District, whichever the case may be; and
b, Would promote the effectiveness and ghjectives of Chapter 205, Hawaii
Revised Statutes, as amended.
While a proposed use must meet all of these criteria for approval by the Planning
Commission, a denial may be made upon a finding of conflict with any one of these criteria.
The proposed use will not promote the effectiveness and objectives of Chapter 205,
H.R.S., as amended. Chapter 205, H.R.S., otherwise known as the State Land Use Law,
provides the basic legal framework of land uses in the State of Hawaii and assisted in the
implementation of the long-range land use objectives of the State and Counties. The intent of
these statutory provisions is to preserve, protect and encourage the development of lands in
the State for those uses to which they are best suited in the interest of the public health and
welfare of the people in Hawaii. In the case of the Agricultural District. the intent is to
preserve or keep lands of high agricultural potential in agricultural use.
At the County level, these broader statewide objectives are articulated through the
County General Plan. In that respect. land use and its consistency with the goals, objectives
and policies of the General Plan will also promote the effectiveness and objectives of
Chapter 205, H.R.S.
The granting of this particular request at this particular location would be inconsistent
with the objectives to be sought to be accomplished by the Land Use Law and Regulations as
well as the County General Plan. A goal of the General Plan states that the County shall
"Designate and allocate land uses in appropriate proportions and mix and in keeping with the
social, cultural, and physical environments" while maintaining a policy to ".... encourage
the development and maintenance of communities meeting the needs of its residents in
balance with the physical and social environment,"
The applicants propose to establish a church meeting facility within an area serviced
by a winding, substandard roadway. This portion of Olaa Reservation Lots is serviced by
Ala Loop Road, a County -maintained roadway having a pavement width of only 12 feet
within a 50 -foot wide right-of-way. The increase in traffic along this substandard roadway
generated by the proposed church use would adversely affect surrounding property owners
Greg Lee, Trustee
Mout.tain View Congregation of
Jehovah's Witnesses
Page 3
by attracting traffic along a roadway in which the existing pavement width is not sufficient to
accommodate two-way traffic. The Commission would lie remissed in its duties were it to
approve such a use which would attract traffic along such inadequate, and possibly
hazardous, roadways. The narrow and winding nature of Ala Loop Road and the frequent
nightly meetings to be held at the church only add to the concerns regarding the adequacy of
Ala Loop Road. The State Department of Transportation has indicated that access to the
subject property directly from the Volcano Highway will not be permitted. This access
restriction is further enforced by a 10 -foot wide planting screen easement located along the
property's entire Volcano Highway frontage. Therefore, approval of the Special Permit
application would not be in balance with the physical environment of this portion of Puna.
The desired use will unreasonably burden public agencies to provide roadway and
safety protection improvements. As in previous applications for similar types of uses,
applicants were required to provide necessary roadway improvements to ensure a minimum
pavement width which would accommodate two-way traffic. As discussed above, the
existing condition of Ala Loop Road cannot support the proposed church use. To require the
applicant to widen Ala Loop Road over its 4,000 -foot -plus length would be financially
prohibitive and unreasonable. Approval of the proposed use, and the potential for similar
uses along these types of substandard roadways, would create hazardous conditions which the
County must recognize and resolve, thereby burdening governmental agencies to address
such problems in a reactive, and not pro -active, manner: The Puna District has many miles
of substandard roadways which are unable to accommodate the existing traffic levels upon
them. It would not be in the best interest of the County to support an intensification of !and
use in areas unable to cope with such uses.
This denial recommendation is also based on the potential cumulative impact of
similar requests along this substandard roadway should this Special Permit be approved. The
proliferation of non-residentiallagricultural uses along the substandard Ala Loop Road would
eliminate planning options available to the County to ensure the safety and well-being of its
residents and the general public. The Commission has been consistent is its efforts to ensure
that uses approved through the issuance of a Special Permit are provided with basic facilities
and services to accommodate the approved use. Should this policy direction be abandoned
with the approval of this request, similar requests along Ala Loop Road or other substandard
roadways must be favorably considered, irregardless of the cumulative impacts a
concentration of such traffic -generating developments may have on substandard roadways.
Such action could adversely affect lands county -wide and frustrate the County's efforts to
manage such urban -types of growth to ensure adequate public facilities and services for all.
With the discussion above, approval of the request would be in direct conflict with a goal of
the Land Use Element of the General Plan to "Designate and allocate land uses in appropriate
proportions and mix and in keeping with the social, cultural, and physical environments of
the County" while maintaining a policy to ".... encourage the development and
maintenance of communities meeting the needs of its residents in balance with the physical
and social environment."
Based on the above considerations, it is determined that the establishment of a church
meeting hall at this particular location would not promote the effectiveness and objectives of
the State Land Use Law. It is, therefore, decided that this Special Permit application be
denied.
Greg Lee, Trustee
Mountain View Congregation of
Jehovah's Witnesses
Page 4
As stated in Rule 6-9, "The Planning Commission's decision is appealable to the Third Circuit
Court. "
Should you have any questions on this matter, please feel free to contact Alice Kawaha of the
Planning Department at 961-8288.
Sincerely,
Wilton K. Wong, Chairman
Planning Commission
AK: syw
LhtountO2. PC
cc: Honorable Stephen K, Yamashiro, Mayor
Planning Director
State Land Use Commission
Department of Public Works
Department of Water Supply
Corporation Counsel
Plan Approval Section
Mr, Ricky Kamimura/Mr. Nathan Wong