HomeMy WebLinkAbout95_007Harry Kim
Mayor
West Hawai'i Office
74-5044 Ane Keohokalole Hwy
Kailua-Kona, Hawai'i 96740
Phone(808)323-4770
Fax (808) 327-3563
October 26, 2017
County of Hawai 'i
PLANNING DEPARTMENT
Mr. Ernest Matsumura, President
American Trading Company, Limited
113 Kuawa Street
Hilo, HI 96720
Dear Mr. Matsumura:
Use Permit No. 139 (to establish a church and related improvements)
Michael Yee
Director
Daryn Arai
Deputy Director
East Hawai'i Office
l 0 l Pauahi Street, Suite 3
Hilo, Hawai'i 96720
Phone (808) 961-8288
Fax (808) 961-8742
Special Management Area (SMA) Minor Permit No. 33 (to establish a church and related
improvements)
Subject: Request to Revoke Permits
Tax Map Key: (3) 2-2-032:024
Thank you for your letter dated October 16, 2017, requesting that the subject Use Permit No. 139
and SMA Minor Permit No. 33 be revoked as the church activities ceased several years ago
when the church moved to a different property. Additionally, a recent Use Permit to allow the
establishment of a public charter school for Ka 'Umeke Ka'eo was granted by the Planning
Commission on October 5, 2017. The public charter school occupies the tenant space formerly
occupied by the church.
Rule 7-1 l(a) of the Planning Commission Rules of Practice and Procedure allows the Planning
Director to revoke a Use Permit ifthe property owner makes the request and confirms that the
development approved by the permit has not been established or has been abandoned. Based on
your request, Use Permit No. 139 is hereby revoked.
Rule 9-16( e) of the Planning Commission Rules of Practice and Procedure authorizes the
Planning Department to adopt rules to establish the procedures for revocation of a Special
Management Area Minor Permit. Based on your request, SMA Minor Permit No. 33 is hereby
revoked.
www.cohplanningdept.com Hawai '; County is an Equal Opportunity Provider and Employer planning@hawaiicountv.gov
Ott 2 7 20171
Mr. Ernest Matsumura, President
American Trading Company, Limited
Page 2of2
October 26, 201 7
If you have any questions, please feel free to contact Shancy Watanabe at (808) 961-8144.
Sincerely,
~ ,MICHAEL YEE
Planning Director
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AMERICAN TRADING COMPANY LTD.
113 Kuawa Street
October 16, 2017
Michael Yee Director
Planning Department
County of Hawaii
Dear Mr. Yee:
Hilo Hawaii 96720
Applicant: American Trading Co., Ltd.
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Subject: Initiating Revocation of Previously Issued SMA Permit No.33
(Establish a Church and Related Activities) and Use Permit No.139
(Establish a Church and Related Activities)
Tax Map Key: (3) 2-2-032:024
This letter is requesting that Use Permit No. 139 and SMA Minor
Permit No33 be revoked.
Sincerely,
~
Ernest Matsumura, President
American Trading Co. Ltd.
Cc: Shancy Watanabe
SC~4.NNED
rxJ 4 \~·9 By: ____ _
Stephen K. Yamashiro
May,or
CERTIFIED MAIL z 416 228 867
September 7, 1995
Pastor George N. Kamakahi
Thy Word Ministries, Inc.
P.O. Box 5149
Hilo, HI 96720
Dear Pastor Kamakahi:
filnuuf11 nf ~afuaii
PLANNING COMMISSION
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252
(808) 961-8288 Fax (808) 961-9615
Use Permit Application No. 95-7
Applicant: Thy Word Ministries, Inc.
Request: Establishment of a Church and Related Activities
Tax Map Key: 2-2-32:24
The Planning Commission at its duly held public hearing on August 24, 1995, voted to approve the
above-referenced application. The Planning Director had initially recommended denial of the Use
Permit Application; however, the Planning Connnission requested that a favorable recommendation
be drafted. The Planning Commission subsequently approved the Use Permit. Therefore, Use
Permit No. 139 is hereby issued to allow the establishment of a church and related activities. The
property, consisting of 52,457 square feet, is located at the corner of Kuawa and Kalanikoa Streets
and adjacent to the Waiakea Kai Shopping Plaza at Waiakea, South Hilo, Hawaii.
Approval of this request is based on the following:
In considering a Use Permit for any proposed use, Rule 7 of the Planning
Commission relating to Use Permits requires that such action conform to the following
guidelines:
(A)
(B)
(C)
(D)
The proposed use will still be consistent with the general purpose of the zoned
district, the intent and purpose of the Zoning Code and the County General Plan.
The proposed use will not be materially detrimental to the public welfare nor cause
substantial, adverse impact to the community's character or to surrounding properties.
The proposed use will not adversely affect similar or related existing uses within the
surrounding area, community or region.
The proposed use V{ill not unreasonably burden public agencies to provide roads and
streets, sewer, water, drainage, schools, police and fire protection and other related
infrastructure. . l. om 0
'SEP 0 7 1995
Pastor George N. Kamakahi
Thy Word Ministries, Inc.
Page 2
(
The proposed church use at this particular location would be consistent with the
general purpose of the zoned district, the intent and purpose of the Zoning Code and the
County General Plan. The establishment of a church and related activities in the Limited
Industrial (ML-20) zoned district and the State Land Use Urban District may be allowed
through the granting of a Use Permit. However, the Use Permit process provides an avenue
to review and analyze a proposed project on a case-by-case basis relative to infrastructure
and impacts on surrounding properties and existing uses as well as the General Plan goals
and policies. The intent and purpose of the Zoning Code is to promote health, safety, morals
or the general welfare of the community through regulations and restrictions relative to the
location and use of buildings, off-street parking, the percentage of lots that may be occupied,
the density of population, and land for trade, industry, residence or other purposes.
The proposed church use is open for public use similar to theaters, restaurants and
recreational facilities. The establishment of a church on the subject property would be
compatible with existing land uses in the immediate area. The Waiakea Kai Shopping Plaza
includes existing uses such as the tri-plex theater, Fun Factory, McDonald's Restaurant and
other retail and dining establishments. Directly across .the subject property along Kuawa
Street is the Morning Dew Restaurant & Lounge, and to the southeast is the Fiasco's
Restaurant. Approval of the proposed church use in this particular location would not be in
conflict with these adjacent commercial and industrial uses.
The General Plan designates the property for Medium Density Urban which allows
village and neighborhood commercial and residential uses and related functions. Mindful of
the type of service the applicant will provide to the surrounding area, the proposed use will
complement 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" and to " ... encourage the development and maintenance of
communities meeting the needs of its residents in balance with the physical and social
environment."
The granting of the proposed use will not be materially detrimental to the public
welfare and cause substantial, adverse impact to the community's character or to surrounding
properties. The proposed church use will be compatible with the existing mix uses of active
commercial and industrial activities. Traffic concerns already exist in the area due to the
multiple public uses of the theater, recreational and dining establishments. In addition, the
patrons of the existing uses compete for on-street parking as there is limited on-site parking
area for the various uses. According to the Zoning Code, the proposed use would require 98
parking stalls. There are presently only 54 existing stripped stalls on site. These traffic and
parking concerns will be mitigated by the applicant. As an example, the applicant will be
providing for additional parking stalls at several locations in the immediate vicinity of the
project site. These potential parking site locations could include the Waiakea Recreational
Center or nearby vacant lands. To mitigate traffic impacts along Kuawa and Kalanikoa
Streets, the applicant will provide for restricted access and turning movements from the
project's proposed access driveways. The Kuawa Street access driveway closest to the
Kalanikoa-Kuawa Street intersection will be limited to right-turn exit only as recommended
by the Department of Public Works. In addition, the other Kuawa Street access driveway
will be limited as a one-way entrance. Other roadway improvements as recommended by the
Department of Public Works, such as curb, gutter, sidewalk and drainage improvements, will
Pastor George N. Kamakahi
Thy Word Ministries, Inc.
Page 3
not be required due to the temporary use of the approved church use to no more than six
years.
The granting of the proposed church use is not anticipated to adversely affect similar
or related existing uses within the surrounding area, community or region. As described
above, the location of the proposed church use at the subject site would be compatible with
the existing active commercial and industrial uses and activities in the area.
The granting of the proposed use will not unreasonably burden public agencies to
provide roads and streets, sewer, water, drainage, schools, police and fire protection and
other related infrastructure. All essential utilities and public services are provided.
According to the Department of Public Works, Kuawa and Kalanikoa Streets are in fair
condition; however, a ponding problem occurs at the corner along Kalanikoa Street fronting
the subject property. Curb/gutter/sidewalks are in place only along one side of Kuawa and
Kalanikoa Streets. Due to the temporary nature of the approved church use, roadway and
drainage improvements as described above will not be required. As mentioned previously,
traffic congestion along Kuawa and Kalanikoa Streets generated by the approved church use
will be mitigated by restricting access and turning movements from the subject property onto
these roadways.
Approval of this request is subject to the following conditions:
1. The applicant, its successors or assigns shall be responsible for complying with all
stated conditions of approval.
2. The applicant, its successors or assigns shall indemnify and hold the County of
Hawaii harmless from and against any loss, liability, claim or demand for the
property damage, personal injury and death arising out of any act or omission of the
applicant, its successors or assigns, officers, employees, contractors and agents under
this permit or relating to or connected with the granting of this permit.
3. Final Plan Approval of the church and related activities shall be secured from the
Planning Director. Plans shall identify existing structures and all parking stalls
associated with the proposed use. Parking shall comply with the requirements of
Chapter 25 (Zoning Code). Concurrently with the submittal of plans for plan
approval review, the applicant shall submit proper documentation confirming the
provision of additional parking area(s) on lands beyond the project site to
accommodate the approved church use.
4. The church and related activities shall be established within two (2) years from the
effective date of this permit.
5. The life of this permit shall not exceed six (6) years from the effective date of this
permit.
6. Driveway accesses from the project site onto Kalanikoa and Kuawa Streets shall meet
with the approval of the Department of Public Works. The project site's western
access driveway closest to the Kalanikoa-Kuawa Street intersection shall be limited to
right-turn out movements only. ·
Pastor George N. Kamakahi
Thy Word Ministries, Inc.
Page4
7. The church and its related activities shall be limited to the hours from 8:00 a.m. to
1:00 p.m. on Sundays and from 7:00 p.m. to 9:00 p.m. on Mondays, Tuesdays and
Wednesdays.
8. Comply with all other laws, rules, regulations and requirements, including those of
the Department of Health and the Department of Public Works -Building Division.
9. An initial extension of time for the performance of conditions within the permit, with
the exception of Condition No. 5, may be granted by the Planning 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 of the 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; and d) the time extension granted shall be for a period not to exceed the
period originally granted for performance (i.e., a condition to be performed witin one
year may be extended for up to one additional Y.ear). Further, should any of the
conditions not be met or substantially complied with in a timely fashion, the Planning
Director shall initiate procedures to revoke the permit.
This approval does not, however, sanction the specific plans submitted with the application as they
may be subject to change given specific code and regulatory requirements of the affected agencies.
Should you have any questions, please feel free to contact Alice Kawaha or Susan Gagorik of the
Planning Department at 961-8288.
Sincerely,
Wilton K. Wong, Chairman
Planning Commission
AK:syw
.LTbyWoOl.PC
cc: Honorable Stephen K. Yamashiro, Mayor
Planning Director
Department of Public Works
Department of Water Supply
County Real Property Tax Division
Plan Approval Section