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HomeMy WebLinkAbout09_015William P. Kenai Mayor BJ Leithead Tadd Director Margaret K.Masunaga Deputy County of Hawaii PLANNING DEPARTMENT AupuniCenter.101 PauahiStreet,Suite3 • Hila,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 September I, 2009 Newton J. Chu, Esq. 120Pauahi Street, Suite 312 Hilo, HI 96720 Dear Mr. Chu: Use Permit Application (USE 09-000015) Applicant:Borthwick Hawaii Funeral Home Request:Crematorium Tax Map Key:2-3-18:34 and 54 Enclosed is the Windward Planning Commission's Findings ofFact,Conclusions ofLaw, and Decision and Order regarding the above-referenced application which was approved by the Commission on August 7, 2009. sVG:.....J~+-_1Y...., ,{-BJ LEITHEAD-TODD Planning Director '. Lborthwickuzsyhf Enclosure celene:Mr.David H. Myers Mr.Mark Ballard Department ofPublic Works Department of Water Supply Brandon Gonzalez,Esq. Amy Self, Esq. Mr. George N, Baker Hawatt County is an Equal Opportunity Provider and Employer In the Matter ofthe Application PLANNING COMMISSION COUNTY OF HAWAI'I USE 09-000015 of Borthwick Hawai'i Funeral Home Use Permit to allow the establishment ofa crematorium on 24,572 square feet ofland situated within the General Commercial- 7,500 square feet (CG-7.5)zoned district in Hilo,Hawaii,TMK: (3)2-3-018:034 &054. FINDINGS OF FACT; CONCLUSIONS OF LAW;ORDER; CERTIFICATE OF SERVICE Hearing Date:August 7, 2009 FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter came on for contested case hearing before the Hawai'i County Windward Planning Commission (hereinafter "Planning Commission")on August 7, 2009.Borthwick Hawai'i Funeral Home (hereinafter "Applicant"),was represented by its Counsel,Newton J. Chu ofthe law finn Torkildson,Katz,Moore,Hetherington & Harris.Intervenor A.P.Baker,Inc.(hereinafter "Baker")was represented by Lynne Venhuizen (hereinafter "Venhuizen"),and the Planning Department was represented by Bobby Jean Leithead-Todd,Director (hereinafter "Director"). The Planning Commission as a whole conducted the hearing on the Use Permit application with Commissioner ReB Woodward as the Chairman.',', The Planning Commission reviewed evidence,heard testimony,accepted exhibits, and heard arguments at the hearing held on August 7,2009,at the County ofHawai'i Aupuni Center Conference Room,101 Pauahi Street,Hilo,Hawai'i. All Commissioners voting on the instant Use Permit Application have reviewed the entire record and files herein. The Planning Commission,having considered the entire record,reviewed the evidence and having heard and considered the arguments,makes the following Findings of Facts and Conclusions ofLaw: I.FINDINGS OF FACT A.Background I.Borthwick Hawai'i Funeral Home.Applicant submitted an application for a Use Permit to allow the establishment ofa crematorium on 24,572 square feet ofland situated within the General Commercial-7,500 square feet (CG-7.5) zoned district, located in Hilo,Hawai'i,Tax Map Key No. (TMK): (3)2-3-018:034 &54. 2. The Applicant provided statutory notice to the surrounding property owners ofthe August 7, 2009,Planning Commission hearing. 3.Borthwick Hawai'i Funeral Home operates a mortuary in Hilo, Hawaii.The Property is owned by Family Funeral Services LLC, who has given authorization to submit the application to Borthwick Hawai'i Funeral Home (hereinafter "Borthwick"). 4.Borthwick operates a mortuary on the property located at TMK: (3)2-3-018:034 &054. 5.Applicant's Request.The Applicant is requesting a Use Permit to allow the operation ofa crematorium within the existing facilities of Borthwick. 6. The cremator is a Power-Pak II,smoke-Buster 140 manufactured by Matthews Intemational.The manufacturer suggests a stack height of three feet above the highest elevation ofthe building roof and three feet above the highest elevation of any building within fifty feet ofthe stack. After considering the height oftheir building and the surrounding buildings,the stack height will be twenty seven (27) feet from ground '.1 "- elevation. This will be three feet taller than the current highest elevation oftheir building,which is twenty-four (24) feet. 7. The Applicant would like to expand the service offered and make available to the community a place for funeral ceremonies followed by cremation as an option for final disposition ofthe deceased.Additionally,an in-house cremator would allow more flexibility for clients who wish to have services completed in a more timely manner. The installation ofa cremator would also create jobs during the installation, and be more environmentally friendly than embalming and burials. 2 8.State Land Use Designation.The State Land Use classification is Urban. 9.County Zoning.The County zoning is General Commercial (CG- 7.5). A crematorium may be permitted within the General Commercial (CG) zoned district with a Use Permit. 10.General Plan Land Use Pattern Allocation Guide ("LUPAG") Map.The property is designated as High Density Urban in the County's General Plan. II.Hilo Community Development Plan.The Hilo Community Development Plan adopted by Planning Commission Resolution No. I on May 21, 1975, identifies the area as CG-7.5. 12.Special Management Area ("SMA").The Property is not within the Special Management Area and is located approximately 3,000 feet from the nearest coastline. 13.Public Testimony.Jeanette Ostrander (hereinafter "Ostrander"), Lynne Venhuizen (hereinafter "Venhuizen")and Louis Rehwinkel (hereinafter "Rehwinkel")provided public testimony on this matter.Ostrander stated that she is a tenant ofthe apartment building located next to the Borthwick Mortuary parking lot. Ostrander is concerned about the winds blowing into her apartment.Venhuizen stated that she is the resident manager ofthe apartment complex and that many residents are unstable and receive help through agencies such as Adult Mental Health.Venhuizen expressed concern ofthe psychological effects ofhaving a crematorium next door on the people that are unstable living in the apartment.Rehwinkel stated that he works in the maintenance department for Baker.~!"hw!nkel expressed concern about the wind blowing on the apartments and also expressed concern with odor and emissions from the crematorium. 14.There were other documents and signed petitions received, both in support ofand against the proposed request. IS.Intervenor Standing.A Petition for Standing in a Contested Case Hearing was received from Mr. George N. Baker,President ofA.P. Baker, Inc. on July 28, 2009. Mr.Baker did not attend the contested case hearing. In his place, Venhuizen attended the hearing, There was an issue whether Venhuizen had legal 3 authority to represent Baker. After some debate by the Commissioners and two executive sessions, the Intervenor was granted standing at the August 7, 2009, Planning Commission hearing. 16.Intervenor Testimony.Intervenor's resident manager Venhuizeri testified at the contested case hearing. Venhuizen had a general objection to the use permit being granted. 17. Anthony Lombardi, Divisions Operations Manager for Matthew's Cremation ("Lombardi"),whose business address is 2045 Sprinton Boulevard, Apaca, Florida 32703 testified as an expert ofthe cremator Power-Pak II,smoke-Buster 140 for Applicant. During the course of Lombardi's testimony, he addressed the concems raised by Intevenor and the public testifiers regarding emissions, noise, and compliance with applicable laws. B.Description of the Project Site and Surrounding Area 18.Project Site. The request involves two properties, Parcels 54 and 34. Parcel 54 is rectangular in shape and is 10,402 square feet in size. Both Parcels are surrounded by Kino'ole Street, Alenaio Street and Kukuau Street. The mortuary, which is 6,202 square feet in size, is situated mainly on Parcel 54. Parcel 34 is also rectangular in shape and is 14,170 square feet in size. Parcel 34 is located on Kukuau Street bordering Parcel 54 to the west. The cremator will be located within the portion ofthe structure that is encroaching on Parcel 34. There is also a dwelling located on Parcel 34. 19.Snrrounding Zoning/Land Uses. The surrounding properties are similarly zoned CG-7.5 with properties zoned RM-l further west. To the south across Kukuau Street is a vacant commercia'.,stru~ture and several dwellings. Further south is the HFS Federal Credit Union. To the west is a three-story apartment complex on the corner ofKukuau Street and Ululani Street that borders Parcel 34. To the north are dwellings that are situated along Kinoole Street. To the east across Kinoole Street are dwellings and a physical therapy office. 20. USDA Soil Type. Keaukaha extremely rocky muck, 6 to 20 perfect slopes (rKFD). 21.ALISH.Existing Urban Development. 4 ( 22. LAND STUDY BUREAU Soil Rating.Existing Urban Development. 23.FIRM.The project site is located within Zone X, areas determined to be outside the SOD-year flood plain. 24.Floral and Fauna Resources.The site has been developed. No impacts to flora and fauna are expected. 25.Archaeological/Historical Resources.The properties have been developed with a mortuary, a dwelling and parking area. By letter dated August 25, 2008, the Applicant has requested a letter of"no effect"from the State Department of Land and Natural Resources Historic Preservation Division ("DLNR-HPD"). No one came forward at the contested case claiming any religious or cultural practices on the Property. 26.Public Access. There is no public access to the mountain or the shoreline that traverses the Property. 27.Valued Cultural Resources.There are no valued cultural, historical or native resources nor has any traditional and customary native Hawaiian rights been practiced on the subject property. C.Public Facilities,Utilities and Services 28. Access. Access to the subject property is from Kinoole Street onto Alenaio Street.Kino'ole Street is a County-owned roadway with an approximate 3D-foot asphalt paved road with curb, gutter and sidewalks within an approximate 60-foot wide right-of-way. Alenaio Street is a County owned roadway with an approximate 18- foot asphalt paved road within an apP.Ipxi~ate 3D-footwide right-of-way. 29.Traffic Impacts.According to the applicant, there will be no impact on traffic conditions. 30.Water.County water is available to the facility. 3I.Wastewater.The mortuary is connected to the County sewer system from Parcel 34. 32. Solid Waste.Solid waste will be handled by private haulers. 5 33.Other Essential Utilities and Services.Electricity,telephone, and other services are available at the site.Police and fire protection services are available within one mile from the property. II.CONCLUSIONS OF LAW Based on the foregoing Findings ofFact, the Planning Commission makes the following Conclusions ofLaw: 1. The Planning Commission has jurisdiction over this application. 2. The granting of the request to allow the establishment ofa crematorium within the existing Borthwick building on the property zoned General Commercial (CG-7.5)on 24,572 square feet ofland located at the westem comer of Kino'ole Street and Kukuau Street,Kukuau 2"d,South Hilo,Hawai'i,TMK:(3) 2-3- 018:034 and 054 is consistent with the general purpose ofthe zoned district,the intent and purpose ofthe Zoning Code, and the County General PlaI1. 3. The proposed use is not materially detrimental to the public welfare nor will it cause substantial,adverse impact to the community's character or to surrounding properties. 4. 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, 5. The proposed use will not impact any recreational resources, including access to and along the shoreline,mountain access,scenic and open space nor visual resources,coastal ecosystems,and marine coastal resources. 6. The proposed use is not contrary to the objectives and policies of ',I "- the Coastal Zone Management Program. 7. The proposed use will not have aI1Y adverse impact on cultural, historical,or native resources in the area. 8.Therefore,the Planning Commission finds and concludes that Use Permit Application No.09-000015 should be granted. 6 III. ORDER Based on the foregoing Findings ofFact and Conclusions of Law, the Windward Planning Commission grants approval ofUse Permit Application No.09-000015 subject to the following conditions: 1.The applicant,successor or assigns shall be responsible for complying with all stated conditions of approval. 2. The applicant shall consolidate Parcels 54 and 34 within two (2)years from the effective date ofthis permit. 3. The crematorium shall be established within two (2)years from the effective date ofthis permit. 4.The crematorium shall be operated without smoke (smokeless)and without odor (odorless). 5. The crematorium shall not emit particulate matter that settles on surrounding properties. 6.The crematorium shall operate without noise that is audible to the surrounding properties, 7. The applicant shall have a backup generator for the crematorium. 8.The applicant shall utilize the crematorium business only in conjunction with Borthwick Hawai'i Funeral Home.No outsourcing ofthe crematorium business shall be allowed. 9.The applicant shall comply with all applicable County,State and Federal laws, rules,regulations and requirements,including the Department ofHealth,Department of Environmental Management,Department ofPublic Works and the Environmental '.\"- Protection Agency (EPA)for this use. I O.Any complaints received by the applicant shall be forwarded to the Planning Director.The Planning Director shall investigate and,ifnecessary,suspend the permit. Ifthe complaint(s)is not resolved,the Planning Director shall then refer the matter to the Planning Commission to revoke the permit.Upon appropriate findings by the Planning Commission,ifthe applicant fails to comply with the conditions ofapproval or has caused any unreasonable interference or nuisance on the surrounding community,the permit may be revoked. 7 11.An initial extension oftime for the performance of conditions within the permit 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 oftheir fault or negligence. b)Granting of the time extension would not be contrary to the General Plan or Zoning Code. c)Granting ofthe time extension would not be contrary to the original reasons for granting ofthe permit. 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 within one year may be extended for up to one additional year). Should any ofthe conditions not be met or substantially complied within a timely fashion, the Director may initiate procedures to revoke the permit. Dated: Hilo,Hawai'i,_---"'''----'--_ BY/~ Rell Woodward,Chairman Windward Planning Commission '.' 8 ( PLANNING COMMISSION COUNTY OF HAWAI'I In the Matter ofthe Application of USE 09-000015 CERTIFICATE OF SERVICE Borthwick Hawai'i Funeral Home Use Permit to allow the establishment ofa crematorium on 24,572 square feet ofland situated within the General Commercial - 7,500 square feet (CG-7.5)zoned district in Hilo,Hawai'i,TMK: (3) 2-3-018:034 &054. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing was served upon the following by hand delivery or mailing the same, postage prepaid, on iSEP 0 1 2009 U.S. MAIL HAND DELIVERY Mr. George N. Baker, President X A.P. Baker, Inc. 3091 East Manoa Road Honolulu, HI 96822-1505 Newton J. Chu, Esq.X Torkildson, Katz, Moore, Hetherington &Harris 120Pauahi Street, Ste. 312 " Hilo, HI 96720 Ms. Bobby Jean Leithead-Todd X Planning Director Planning Department 101 Pauahi Street, Suite 3 Hilo, HI 96720 Brandon Gonzalez, Esq.X Corporation Counsel County ofHawai'i 101 Aupuni Street, Suite 325 Hilo, HI 96720 ,,., U.S. MAIL HAND DELIVERY Amy Self, Esq. Corporation Counsel County ofHawai'i 101 Aupuni Street, Suite 325 Hilo, HI 96720 x SH 0 ,2009DATED: Hilo,Hawai'i,_ ( Sharon Nomura,Secretary Windward Planning Commission '.'