HomeMy WebLinkAboutItem #1 PD RECOMMENDATION (USE 05-001)RParkerSchoolUSEAmend.mjj-6/2//20
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
PARKER SCHOOL
AMENDMENT TO USE PERMIT APPLICATION (USE 05-001)
Upon careful review of the applicant's request against the guidelines for granting an
amendment to a Use Permit, the Planning Director recommends approval of the request for a
time extension to comply with Condition No. 6 of Use Permit No. 05-001. Since this
recommendation is made without the benefit of public testimony, the Director reserves the right
to modify and/or alter this position. The approval recommendation is based on the following
findings:
Use Permit No. 05-001 was amended by the Planning Commission in 2010 to
allow expansion of the Parker School complex to include new athletic fields, new
gymnasium, renovation of two residences and warehouse, elementary school addition,
and new middle school on the remainder of TMK 6-5-004:025 and TMK's 6-5-004:026,
028 and 063.
The applicant is requesting a time extension to Condition No. 6 of Use Permit No.
05-001 in order to complete construction of the school complex. Condition No. 6 states,
in part:
Construction of the athletic fields, gymnasium, and related improvements and
renovation of the two existing residences and warehouse for school use shall be
completed within five (5)years from the effective date of the amended permit.
Construction of the middle school, elementary school addition, and related
improvements shall be completed within ten (10)years from the effective date of
the amended permit. "
In 2015, the Planning Director issued an administrative time extension that gave the
applicant until March 16, 2020 to comply with Condition No. 6.
The applicant is currently requesting an additional five (5) years to complete
construction of the athletic fields, gymnasium, and related improvements and renovation
of the two existing residences and warehouse for school use, and an additional ten(10)
years to complete construction of the middle school, elementary school addition, and
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related improvements
The criteria for granting the requested time extension follows:
Non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant and that are not the
result of their fault or negligence.
Granting of the amendment requests would not be contrary to the General
Plan, South Kohala Community Development Plan(CDP)or Zoning
Code.
Granting of the time extension would not be contrary to the original
reasons for the granting of the permit.
The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant and that are not the result of
their fault or negligence. Since approval of the amended permit in 2010 to expand the
Parker School campus, the applicant has been working diligently to fulfill the conditions
of the permit. The school has relied, in part, on fundraising efforts in order to move
forward with the proposed expansion. The Planning Department has received consistent
annual progress reports as required by the permit. In the last 10 years, the applicant has
completed the following actions towards completing the planning, design and
construction of the expanded campus:
secured and maintained water commitments to provide County water to
the proposed development;
installed backflow prevention assemblies on existing DWS water meters.
submitted construction plans to DWS to improve waterline capacity for
fire protection for the proposed development;
provided a shared parking agreement to the Planning Department in
anticipation of submitting plans for Final Plan Approval for the
gymnasium and middle school;
provided a Traffic Management Plan which was approved by DPW;
provided a Solid Waste Management Plan which was approved by DEM;
secured an NPDES permit, Individual Wastewater System permit, and
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drainage injection well permit from the State Department of Health
DOH);
provided a Memorandum of Agreement(MOA)to the County as a future
commitment to dedicate an easement over the applicant's property for the
future Waimea Trails and Greenways project;
provided a Drainage Study for the school's sports and activities center
which was approved by DPW;
relocated an entry gate at least 20 feet away from Kapi`olani Road;
widened the Lindsey Road parking lot driveway; and
provided construction plans to DPW to widen and provide curb, gutter,
sidewalk improvements on Lindsey and Kapi`olani Roads.
The applicant is proposing to expand the campus in phases over a period of time;
therefore, some of the conditions of approval will be triggered at the various phases of
development. However, as shown above the applicant has steadfastly worked towards
complying with the conditions of approval and simply needs more time to complete the
design and construction process.
Granting of the time extension would not be contrary to the General Plan,
South Kohala CDP or Zoning Code. Since the permit was amended in 2010 to allow
the school's expansion, there have been no changes to the General Plan, the South Kohala
Community Development Plan, or the Zoning Code that would affect the Parker School
complex and its expansion. Thus, the time extension request is still consistent with these
Plans and the Zoning Code.
Granting of the time extension would not be contrary to the original reasons
for the granting of the permit. The reasons for granting the original permit have not
changed as the proposed school expansion still meets the criteria for granting a Use
Permit.
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 properties. Additional governmental requirements may include the issuance of
building permits, the installation of approved wastewater disposal systems, compliance
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with the Fire Code, installation of improvements required by the American with
Disabilities Act(ADA), among many others. 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, the Planning Director recommends approval of the
applicant's time extension request to amend Condition No. 6 of Use Permit No. 05-001.
The Director also recommends various conditions be amended to reflect the applicant's
compliance with the conditions of the permit. Conditions of the permit are proposed to be
amended as follows (material to be added is underscored; material to be deleted is
bracketed and lined out). Approval of this amended request is subject to the following
conditions:
1.The applicant, its successor or assigns shall be responsible for complying with all
conditions of approval.
2.
the-amended-pest.] The applicant is responsible for maintaining valid water
commitments with the Department of Water Supply to support the proposed use
until such time that required water facilities charges are paid in full.
3.The applicant shall install a reduced pressure type backflow prevention assembly
within five(5) feet of each [exdeting-and] new water meter on private property,
which must be inspected and approved by the Department of Water Supply prior
to the issuance of a Certificate of Occupancy.
4.Prior to the issuance of a Certificate of Occupancy for any [existing-er] new
building on the subject properties, the applicant shall upgrade the existing County
water system as required by the Department of Water Supply in order to provide a
minimum theoretical fire flow of 2,000 gallons per minute to the site for fire
protection.
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5.The applicant shall relocate and adjust the Department of Water Supply's water
system facilities that are affected by the construction of improvements within the
road right-of-ways fronting the subject properties required by this permit.
6.Construction of the athletic fields, gymnasium, and related improvements and
renovation of the two existing residences and warehouse for school use shall be
completed within five(5) years from the effective date of the amended permit.
Construction of the middle school, elementary school addition, and related
improvements shall be completed within ten(10) years from the effective date of
the amended permit. Prior to construction, the applicant, successors or assigns
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 structures, paved
driveway accesses and parking stalls associated with the proposed development.
Landscaping shall be included on the plans to mitigate any potential adverse noise
or visual impacts to adjacent properties on Pu'uki Road and the four A-la-zoned
properties on the south side of Kapi`olani Road, specifically in accordance with
the Planning Department's Rule No. 17-6(b)(2)(B), Landscaping Requirements
for CV zones adjoining an RS zone.
7. Nighttime lighting of the athletic fields is prohibited.
8.Overall enrollment of grades K-12 shall be limited to four hundred fifty(450)
students, which includes limiting the elementary school (grades K-5) and
relocated middle school (grades 6-8) to three hundred (300) students combined.
9.The gymnasium shall be limited in size to a 250-seating capacity and limited in
hours to up to 10:00 p.m. Use of the gymnasium for after-school activities
involving persons other than Parker School students shall be limited to 14 vehicle
arrivals prior to 6:00 p.m. on weekdays.
10. Expansion of the existing Lindsey Road parking lot is prohibited.
11. Prior to issuance of a Certificate of Occupancy for the middle school or
gymnasium the applicant shall provide the following improvements meeting with
the approval of the Department of Public Works, at no cost to the County:
a.Provide pavement widening, concrete curb, gutter and sidewalk, and
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incidental drainage improvements along the south side of Kapi`olani Road
from Lindsey Road to the middle school entrance and along the east side
of Lindsey Road from Kapi`olani Street to the existing sidewalk at the
edge of the school's property.
b.Install streetlights along the south side of Kapi`olani Road from Lindsey
Road to the middle school and any necessary signs and markings.
12. Any future vehicular security gate(s) at the County road approaches shall be
recessed a minimum of 20 feet(exclusive of gate swing) from the County right-
of-way,meeting the approval of the Department of Public Works.
13. [- .. . . . The applicant shall continue to
provide active traffic management of all student pick-up/drop-off areas so that
drop-off and pick-up activity does not result in queuing of vehicles on any County
road. Additional off-street parking, above the minimum required in the Zoning
Code, may be required by the Planning Director to achieve this result.
14. As agreed to by the applicant, a Hele On bus stop shelter and/or related
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4-5d14. The applicant shall continue to implement staggered school start times and a
carpooling program.
S` _
scheel-eampus.] The applicant shall implement the Traffic Management Plan for
Parker School prepared January 28, 2020 by The Traffic Management Consultant.
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87]16. All future driveway connections to Pu'uki Road and Kapi`olani Road shall
conform to Chapter 22, Streets and Sidewalks, of the Hawai`i County Code.
4-9-.-]17. All development-generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties. A drainage study shall be prepared by a
licensed civil engineer and submitted to the Department of Public Works prior to
the issuance of Final Plan Approval. Drainage improvements, if required, shall be
constructed, meeting with the approval of the Department of Public Works prior
to the issuance of a Certificate of Occupancy.
2-0d18. During construction,measures shall be taken to minimize the potential of both
fugitive dust and runoff sedimentation. Such measures shall be in compliance
with construction industry standards and practices utilized during construction
projects of the State of Hawaii.
24-]19. Construction activities must comply with the provisions of Hawai`i
Administrative Rules, Chapter 11-46, "Community Noise Control."
22-]20. Earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control of the Hawaii County Code.
24]21. Any new construction, improvements to repetitive loss structures or substantial
improvements of structures within 50 feet of Zone"AE" shall be completed in
conformance with the requirements of Chapter 27- Flood Plain Management, of
the Hawai`i County Code.
2 ]22. The applicant shall install wastewater system(s)meeting with the requirements of
the State Department of Health prior to the issuance of a Certificate of
Occupancy.
26:]23. [• - - •- . - , -- _ e ... -• - -
Pla ^pprova' ] The applicant shall implement the Solid Waste Management Plan
approved by the County Department of Environmental Management on April 22,
2019, or as may be amended.
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2--7-:]24. The applicant shall provide an easement on parcels 25 and 63, on the north side
school side) of Waikoloa Stream at a location approved by the Department of
Parks and Recreation. The easement shall be granted at no cost to the County
when required by the Department of Parks and Recreation for the Waimea Trails
and Greenways project.
2&]25. Prior to [ - . - . - - - . - - . _ adaptive reuse, alteration or
demolition of the historic warehouse building the applicant shall submit an
architectural inventory survey and mitigation plan to the Department of Land and
Natural Resources-State Historic Preservation Division(DLNR-SHPD) for
approval. The applicant shall implement any mitigation required by the DLNR-
SHPD related to [these] this historic resource[s].
297]26. Should any unidentified sites or remains such as artifacts, shell,bone, or charcoal
deposits, human burials, rock or coral alignments, pavings or walls be
encountered, work in the immediate area shall cease and the DLNR-SHPD shall
be immediately notified. Subsequent work shall proceed upon an archaeological
clearance from the DLNR-SHPD when it finds that sufficient mitigative measures
have been taken.
39:]27. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
3-H28. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the effective date of this amended permit. The report shall
include,but not be limited to, the status of the development and compliance with
the conditions of approval. This condition shall remain in effect until all of the
conditions of approval have been satisfied and the Planning Director
acknowledges that further reports are not required.
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or Zoning Code.
D. The time extension granted shall be for a period not to exceed the period
Ifthe
applicant should require an additional extension of time for any condition
of this permit, the applicant shall submit their request to the Planning
Director for appropriate action by the Planning Commission.
3]30. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate the revocation of the Use Permit.
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