HomeMy WebLinkAboutItem #2 PD RECOMMENDATION REPORT (SPP 20-213)RDrakeChurch5.10.2020
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
LOIS MARGARET DRAKE AND ROBERT JACOBSON
SPECIAL PERMIT APPLICATION(SPP 20-000213)
Upon review of the request against the guidelines under Rule 6 of the Planning
Commission Rules of Practice and Procedures for granting a Special Permit, the Planning
Director is recommending that this request to allow for the conversion of a Single Family
Residence to a legitimate Church Facility on a one (1) acre parcel of land within the State
Land Use Agricultural District be approved by the Planning Commission. Since this
recommendation is made without the benefit of public testimony, the Director reserves the right
to modify and/or alter this recommendation based upon additional information presented at the
public hearing. This approval recommendation is based on the following findings:
The applicant is requesting a Special Permit application to change the use of the
subject property and existing structure from a single-family residence to a multi-use
Church facility to accommodate a number of Church related uses and activities. There is
currently one(1) existing structure on the property designed as a three (3) bedroom single
family residence and attached outbuilding with a separate kitchenette and bathroom.
There is a proposal to construct a new chapel on the property, approximately 40-feet by
100-feet to accommodate an increasing membership in the community. Appropriate
parking, ingress/egress, septic system upgrades, water system upgrades, and associated
fire safety requirements will be included as required.
The following outlines some of the uses and hours of operation that will be a
function of the Church facility:
Sunday Service: 8:30AM to 1:30PM;
Afternoon meetings: 12 NOON to 5:00PM weekdays;
Holiday gatherings: (typically) 12 NOON to 6:00PM (note: rare holiday
events may run as late as 9:30PM);
Weekend Events (e.g., Art Events): Saturday and Sunday from 8:00AM to
6:00PM;
Weddings and other large events in new Chapel (if approved): 8:00 AM to
8:00 PM;
Religious education(if rooms available): 9:00AM to 1:00PM daily;
Other educational uses (current and future): 8:00AM to 5:00PM per event;
Volunteers and parishioners can be expected to be on premises daily from
8:00AM to 6:00PM as part of the property management.
The applicant states that the existing structure will be renovated under appropriate
permits for all uses conducted as part of the Church function. Any permit deficiencies
will be corrected in the conversion process.
The applicant's objective of the proposed project is to recognize and legitimize
the current uses by the Unitarian Universalists of Puna (UUOP), as well as to apply for
the proposed future uses to create a functional Church facility that helps to grow the
congregation and aims to provide services, events and outreach to the community. The
applicant states that as the residential areas of the Puna District continue to grow, there
will be a need to accommodate the various community's needs, including the opportunity
to be within the community that it wishes to serve.
The grounds for approving a Special Permit is based on Rule 6-7 in the Planning
Commission Rules. It states that the Planning Commission shall not approve a Special
Permit unless it is found 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)
the proposed use would promote the effectiveness and objectives of Chapter 205, Hawaii
Revised Statutes, as amended.
The proposed use is an unusual and reasonable use of land situated within
the State Land Use Agricultural District and would promote the effectiveness and
objectives of the State Land Use Law and Regulations and Chapter 205, HRS, as
amended. The State Land Use Law and Regulations are intended to preserve, protect
and encourage the development of lands for those uses to which they are best suited in
the interest of the public welfare of the people of the State of Hawai`i. In the case of the
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Agricultural District, the intent is to preserve or keep lands of high agricultural potential
in agricultural use.
The proposed use is unusual in that a Church facility is not normally considered
agricultural in nature. However, it is reasonable for a Church to be considered within the
Agricultural district because communities within agricultural districts require certain
services that support the agricultural community in which they are located, including
religious services.
In recognizing that lands within the Agricultural district might not 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, the
legislature has provided for the Special Permit process to allow certain unusual and
reasonable uses within the Agricultural district. In addition, the State Land Use Law and
Regulations are intended 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 of the State of Hawaii. In the case of the Agricultural District,
the intent is to preserve or keep lands of high agricultural potential in agricultural use.
The subject property is 1.0 acre in size and is developed with a single-family
residential dwelling, with an attached multi-purpose room with a kitchenette and
restroom. There is an unimproved driveway and parking area that includes grass, and the
property is fairly level and cleared, barring some minor vegetation typical for the area. It
is situated within the State Land Use Agricultural district and the County's Agricultural
1-acre (A-1 a) zoning district. The land on which the proposed use is located is
categorized as "unclassified" by the Agricultural Lands of Significance to the State of
Hawai`i (ALISH) Map. The sites soil classification is "E" or "very poor" by the Land
Study Bureau's Detailed Land Classification System and is identified as "rLV" or "Lava
Flows, A'a"which consists of rough broken lava with no significant soil cover.
The proposed use is considered an unusual and reasonable use of agricultural land
that will not adversely affect the preservation and agricultural use of the County's prime
agricultural lands and is not contrary to the objectives sought to be accomplished by the
State Land Use Law and Regulations.
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In addition to the above listed criteria, the Planning Commission shall also
consider the criteria listed under Section 6-3(b) (5) (A) through (G). In considering the
criteria, the Planning Director recommends the following:
A) The granting of this special permit request would promote the
effectiveness and objectives of Chapter 205, Hawaii Revised Statutes, as amended.
As evaluated above, the proposed request is considered an unusual and reasonable use of
the agricultural land and the proposed use will not adversely affect the preservation and
agricultural use of the County's unclassified agricultural lands.
B) The desired use would not adversely affect surrounding properties.
All properties in the vicinity are similarly zoned Agricultural 1-acre (A-1a) as it is within
the Hawaiian paradise Park (HPP) Subdivision. Surrounding properties are similarly
zoned A-1 a and are either vacant or in residential use, however, one of the largest orchid
growing operations in Hawaii (Newman's Nursery, Inc.) is located directly across the
street from the subject parcel and has been in operation since 1987.
Based on the above discussion, the proposed use is not anticipated to have a
substantial adverse impact on the surrounding properties, however, any possible impacts
can be minimized through conditions of approval.
C) Such use shall not unreasonably burden public agencies to provide
roads and streets, sewers, water, drainage, school improvements, and police and fire
protection. The proposed project is located on 14th Avenue in HPP, approximately 1,000
feet southeast of the 14th Avenue-Paradise Drive intersection. Traffic in this area is
generally low and made up primarily of residents. The proposed use could generate an
increase in traffic to the subject site, depending on the type of service, meeting or event.
Based on the proposed use and the applicants estimate of the potential number of persons
visiting the site for particular events, the Planning Department does not feel a traffic
Impact assessment is necessary. There is access to the parcel from 14th avenue with an
unimproved driveway. Parking areas, and two access points will be developed for the
Church facility, and parking will be entirely on site, with no parking permitted on 14th
Avenue. ADA compliant parking stalls will be established on the property for the facility
as needed. Electricity and telephone are available to the property. The subject parcel is
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within Zone X, defined as an area with a minimal flood hazard. A condition of approval
will be included to require that the applicant will meet all applicable County, State and
Federal laws, rules, regulations and requirements.
The proposed use would generate a slight increase in traffic to the subject site,
however, the increase would be limited to off-peak times such as Sunday mornings and
are typical for these types of Church facilities.
The subject property is currently serviced by a 25,000-gallon private water
catchment system and does not have access to any public water system. In order to
accommodate the certified kitchen as well as fire protection for the Church facility, the
applicant may be required to install additional water devices and/or improvements as
required by the Department of Public Works, the State Department of Health and/or the
County Fire Department.
D) Unusual conditions, trends, and needs have arisen since district
boundaries and regulations were established. In the 1960's and 1970's, the State's
agricultural district boundaries and regulations were established and subsequently
amended pursuant to HRS Chapter 205. The State Land Use Commission was created in
1961, and interim regulations and temporary district boundaries became effective in
1962. Subsequently, the regulations and Land Use District Boundaries became effective
in August of 1964. The property and surrounding area are designated for agricultural uses
by both State and County land use laws. Through the issuance of a Special Permit,
various "non-agricultural" services may be allowed, including a Church facility.
E) The land upon which the proposed use is sought is unsuited for the
uses permitted within the district. The property is situated on soil identified as
Pana`ewa very cobbly hydrous loam, classified as "E" or "very poor" by the Land Study
Bureau's Overall Master Productivity Rating. additionally, the property is categorized as
Unclassified" by the Department of Agriculture's ALISH Map. The proposed Church
facility will utilize the existing structure, with future plans to develop a new Chapel on
the parcel. As part of the proposed future uses of the property, the applicant will be
working to establish agricultural crops to provide for the Church as well as to provide for
educational opportunities for the community and Church members. Based on the above
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information, the land on which the proposed use is sought may be unsuitable for the more
common uses found within the agricultural district such as large scale farming, however,
it should be noted that agriculture will be conducted on the property as part of the overall
Church facility plan.
F) The use will not substantially alter or change the essential character
of the land and the present use. The proposed Church facility will be conducted within
the existing single-family dwelling structure located on the parcel, with a future plan to
construct a new chapel building adjacent to the existing building. A new parking area and
entrance will also be constructed to accommodate the congregation, as well as other
required improvements to water and septic systems all within the one (1) acre parcel. The
applicants aim to begin construction within six (6) months after securing all required
construction permits. The future Chapel would be built within five (5) to ten (10) years
when the congregation grows and raises money for the proposed building. After review
of the proposed project in relation to the current/proposed use and parcel size it appears
the proposed project will not substantially alter or change the essential character of the of
the land and present use.
G) The request will not be contrary to the General Plan, official
Community Development Plan and other documents such as Design Plans. The
County of Hawai`i's General Plan is the policy document for the long-range
comprehensive development of the island of Hawaii. One of the purposes of the General
Plan is to guide the pattern of future development in this County based on long-term
goals. The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates
the property as Rural (rur), these are areas that include existing subdivisions in the State
Land Use Agricultural and Rural districts that have a significant residential component.
These subdivisions may contain uses that serve the residential and agricultural
community in the area and contain community and public facilities. The proposed use is
considered a community facility as it will provide spiritual support for residents within
the HPP subdivision and surrounding areas. The request is not contrary to the Land Use
Pattern Allocation Guide (LUPAG) Map designation for this area and complements the
Land Use and Economic elements of the General Plan. As the Land Study Bureau
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classification of the subject parcel is "E" or"very poor", the parcels agricultural value is
limited, however, the proposed project includes agriculture and agricultural education as
part of the overall plan. Staff notes that the General Plan indicates the location of urban
and rural uses should be evaluated from the standpoint of how each use services existing,
and future land uses of the surrounding area.
Based on the proceeding, the proposed use aligns with the goals and policies of
the economic and land use elements of the General Plan:
Economic:
Provide residents with opportunities to improve their quality of life through
economic development that enhances the County's natural and social
environments;
Economic development and improvement shall be in balance with the physical,
social and cultural environments ofthe island of Hawaii; and
Provide and economic environment that allows new, expanded, or improved
economic opportunities that are compatible with the County's cultural natural and
social environment.
Land Use:
Designate and allocate the 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;
Distribution of uses shall be such as to best meet the demands of neighborhood,
community and regional needs; and
The development of church facilities should be designed to fit into the locale with
minimum intrusion while providing the desired services.
The Puna Community Development Plan does not specifically address Special
Permits for Church's on agricultural lands, however, the PCDP generally supports the
development of social services and community support facilities for the residents of
Puna.
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Approval of the proposed request will allow the applicant an opportunity to
improve the quality of life in this area while providing a service to residents in the
community.
The proposed use is not contrary to the objectives sought to be accomplished
by Chapter 205A, Hawaii Revised Statutes, relating to coastal zone management
program. The subject property is not located within the Special Management Area and is
within the FEMA Flood Zone X, which designates and area of minimal flood hazard.
Given the fact that the property has been previously cleared, landscaped and developed
with an existing single-family dwelling and an unimproved parking area, it is unlikely
that any archaeological features and threatened plant, animal or avian species will be
adversely affected. There is no designated public access to the mountain areas over the
property.
Based on the preceding, the proposed Church facility will not adversely impact
any recreational resources, including access to and along the shoreline, scenic and open
space resources, coastal ecosystems, and marine and coastal resources. Further, the
property will not be affected by any coastal hazards or beach erosion.
Lastly, this approval is made with the understanding that the applicant remains
responsible for complying with all other applicable governmental requirements in
connection with the approved use, prior to its commencement or establishment upon the
subject property. Additional governmental requirements may include but are not limited
to the issuance of building permits, the installation of approved wastewater disposal
systems, compliance with the Fire Code, installation of improvements required by the
American with Disabilities Act (ADA), and State Department of Health approval.
Compliance with all applicable governmental requirements is a condition of this
approval; failure to comply with such requirements will be considered a violation that
may result in enforcement action by the Planning Department and/or the affected
agencies.
Based on the above, it is recommended that this request to convert an existing
single-family dwelling into a Church facility be approved. Approval of this request is
subject to the following conditions:
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1.The applicant(s), its successor(s) or assign(s) shall be responsible for complying
with all of the stated conditions of approval.
2.The proposed Church facility shall be conducted in a manner that is substantially
representative of plans and details contained within the Special Permit
Application dated February 19, 2020, any supplemental material, and the
representations made before the Windward Planning Commission. Any
substantial expansion of the facility or uses beyond what is represented in these
documents or information shall require an amendment to this permit.
3.Construction of the proposed Church facility shall be completed within ten (10)
years from the effective date of this permit. Prior to construction, the applicant(s),
successor(s) or assign(s) shall secure Final Plan Approval for the proposed
development from the Planning Director in accordance with Section 25-2-70,
Chapter 25 (Zoning Code), Hawai`i County Code. Plans shall identify all existing
and/or proposed structure(s), paved driveway access and parking stalls associated
with the proposed development. Landscaping shall be indicated on the plans for
the purpose of mitigating any adverse noise or visual impacts to adjacent
properties in accordance with the requirements of Planning Department's Rule
No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawai`i
County Code.
4.Facility parking will be entirely on site with no parking allowed on 14th Avenue
Road.
5.Any exterior signs shall meet with the approval of the Department of Public
Works.
6.All development generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties.
7. All driveway connections to 14th Avenue shall conform to Chapter 22, County
Streets, of the Hawai`i County Code.
8.During the conversion construction phase, measures shall be taken to minimize
the potential of both fugitive dust, runoff sedimentation and littering. Such
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measures shall be in compliance with construction industry standards and
practices utilized during construction projects ofthe State of Hawai`i.
9.All earthwork activity, including grading and grubbing, shall conform to Chapter
10, Erosion and Sedimentation Control, of the Hawai`i County Code.
10. Construction activities must comply with the provisions of Hawaii
Administrative Rules, Chapter 11-46, "Community Noise Control."
11. The applicant shall upgrade the individual wastewater system meeting with the
requirements of the Department of Health prior to Certificate of Occupancy.
12. The applicant shall upgrade the necessary Fire protection devices meeting with
the requirements of the County of Hawaii Fire Department prior to Certificate of
Occupancy.
13. To protect any Hawaiian hoary bats in the vicinity of the property, barbed wire
fencing shall not be used in the permit area and woody vegetation over 15 feet in
height shall not be removed during bat breeding season of June 1St to September
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without first conducting surveys for bat nests and coordinating with US Fish
and Wildlife Service if nests are found. Surveys shall be conducted by a qualified
biologist.
14. To protect any Hawaiian hawk in the vicinity of the property, clearing and
grubbing activities shall not occur in the permit area during hawk breeding season
of March to September and goose breeding season of October to March without
first conducting surveys for hawk and goose nests and coordinating with US Fish
and Wildlife Service if nests are found. Surveys shall be conducted by a qualified
biologist.
15. To protect any seabirds (Hawaiian petrels and Newell's shearwaters) in the
vicinity of the property, the applicant shall install shielded outdoor lights to direct
light downwards.
16. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources -
State Historic Preservation Division (DLNR-SHPD) shall be immediately
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notified. Subsequent work shall proceed upon an archaeological clearance from
DLNR-SHPD when it finds that sufficient mitigative measures have been taken.
17. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and.requirements.
18. An initial extension oftime for the performance of conditions within the permit
may be granted by the Director upon the following circumstances:
a) The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns,
and that are not the result of their fault or negligence.
b) Granting ofthe time extension would not be contrary to the General Plan
or Zoning Code.
c) Granting of the time extension would not be contrary to the original
reasons for the granting of the permit.
d) The time extension shall be for a period not to exceed the period originally
granted for performance(i.e., a condition to be performed within one year
may be extended for up to one additional year).
19. Should any of these conditions not be met or substantially complied with in a
timely fashion, the Planning Director may initiate procedures to revoke this
Special Permit.
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