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HomeMy WebLinkAbout13-045County of Hawai'i WINDWARD PLANNING COMMISSION Aupuni Center.101 Pauahi Street,Suite 3 •Hilo,Hawai'i 96720 Phone (808)961-8288 •Fax (808)961-8742 FEB 1 9£014 Mr.Sidney Fuke 100 Pauahi Street,Suite 212 Hilo,HI 96720 Dear Mr.Fuke: Use Permit Application (USE 13-000045) Applicant:Waiakea Uka Bible Church Request:To Establish a Church and Related Uses Tax Map Key:2-4-056:030 The Windward Planning Commission,at its duly held public hearing on February 6,2014,voted to approve the above-referenced request to allow the establishment ofa church and related improvements on approximately 1.85 acres ofland within the Single-Family Residentia1lO,OOO- square foot (RS-l0)zoned district.The property is located behind the YMCA on the north side ofLanikaula Street and west ofthe future Kapi'olani Street extension,Waiakea Cane Lots, Waiakea,South Hilo,Hawai'i. Approval ofthis request is based on the following: The applicant is requesting a Use Permit to allow the establishment ofa church and related improvements on Tax Map Key 2-4-056:030.The proposed use will consist ofan approximately 3,200-square foot church sanctuary building including an office,an approximately 2,000-square foot building that will house a kitchen,restrooms,classroom, nursery and storage,an approximately 1,500-to 2,000-square foot building to accommodate the future needs ofthe church,and on-site parking and landscaping.The church plans to conduct its services,classes and fellowship on Sundays for about 250 congregants,beginning at 9:00 a.m.and ending at about 1:00 p.m.Bible classes will also be conducted at various times during the week.The classes will vary in size from 10 to 20 participants. Hawai'i County is an Equal Opportunity Provider andEmployer FEB 192014 Mr.Sidney Fuke Page 2 Rule 7 (Use Permits),Section 7-6,ofthe Planning Commission's Rules of Practice and Procedure states that the Planning Commission may approve a Use Permit upon finding that: a)The granting ofthe proposed use shall be consistent with the general purpose ofthe zoning district,the intent and purpose ofthe Zoning Code, and the County General Plan; b)The granting ofthe proposed use shall not be materially detrimental to the public welfare nor cause substantial adverse impact to the community's character or to surrounding properties;and c)The granting ofthe proposed use shall not unreasonably burden public agencies to provide roads and streets,sewer,water,drainage,schools, police and fire protection and other related infrastructure. The proposed use is consistent with the general purpose ofthe zoned district, the intent and purpose of the Zoning Code and the County General Plan.The subject property is zoned Single-Family Residential (RS)and is located in an area ofHilo designated for Low Density Urban development in the General Plan.Establishment ofa church on the property is consistent with the purpose ofthe zoning code because churches can be permitted in the RS zoning district through the issuance ofa Use Permit.The Use Permit process provides an avenue to review projects on a case-by-case basis to determine infrastructure needs and identify and address impacts on surrounding properties and existing uses.The church will be developed in compliance with Zoning Code regulations related to building height,yard setbacks,off-street parking and landscaping. Additionally,a church is considered a community use that is ancillary to a residential area and therefore is consistent with the General Plan's LUPAG Map designation ofLow Density Urban for this area ofHilo. 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.Surrounding properties are similarly zoned RS-lO.The area is comprised of a variety ofcommunity,educational,government and residential uses.There are two churches,a military training facility,a YMCA,and the University ofHawai'i at Hilo campus located near the subject property.The proposed use is similar to the existing uses nearby and therefore will not detract from the present character ofthe area.Due to the existing noise and traffic inherent to the activities already established in the area,it is not anticipated that noise and traffic associated with the proposed use will adversely impact surrounding properties.Short-term potential noise impacts will be limited to construction noise associated with earthmoving equipment.The zoning code does not require paved Mr.Sidney Fuke Page 3 parking for pennitted uses in the RS zoning district.However,the Department's past practice has been to recommend paved parking for churches in urban areas in order to minimize dust and keep the character ofthe property consistent with surrounding uses. The applicant will also provide landscaping as required by the zoning code and department's landscape rule.Based upon the above,the desired use will not be materially detrimental to the public welfare nor cause substantial adverse impact to the community's character or surrounding properties. The proposed use will not unreasonably burden public agencies to provide roads and streets,sewers,water,drainage,school improvements,police and fire protection,and other related infrastructure.The proposed use will not generate a significant amount oftraffic during weekday peak hours oftravel.Access to the site will be from West Lanikaula Street via an easement over the parking lot and driveway ofthe YMCA property.The applicant also proposes to gain access from the future Kapi'olani Street extension which is estimated to be completed in the summer of20l6.The Planning Director (Director)recommends that the 5-foot wide road lot (Lot B-2A)be dedicated at no cost to the County,when requested by the DPW,for the future street extension project.The Director does not support the applicant's proposal to install a septic system instead ofconnecting the property to the County sewer system for several reasons.First,the property is located within 300 feet ofan existing sewer line within West Lanikaula Street and therefore county code requires sewer connection.Second,the property is located in an area identified by the DOH as a Critical Wastewater Disposal Area and DOH concurs with the requirement to connect to the County sewer.Lastly, there are no plans to install a sewer line within the future Kapi'olani Street extension. Thus,the Director recommends the applicant connect the property to the County sewer prior to issuance ofa certificate ofoccupancy for the church use.County water can be provided to the property via an existing 5/8-inch water meter.The Director agrees with the Department ofWater Supply recommendation that a backflow prevention assembly be installed at the water meter prior to establishment ofthe church on the property.The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable.All development generated run-off will be disposed ofon-site and not allowed onto adjacent properties or roadways.Police,fire and medical services are located nearby in Hilo.All other utilities are available to the site. The request is not contrary to Chapter 205A,Hawai'i Revised Statues, relating to Coastal Zone Management.The property is not located in the Special Management Area and is not proximate to the shoreline;therefore it will not be impacted by coastal hazards and beach erosion.There is no record ofa designated public access to the shoreline or mountain areas that traverses the property.According to the applicant,no valued cultural,historical or natural resources exist on the property and there is no evidence ofany traditional and customary Native Hawaiian rights being practiced on the Mr.Sidney Fuke Page 4 site.Thus,it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area.Therefore,no action is necessary to protect these rights. Based on the above,the establishment ofa church and related improvements on approximately 1.85 acres ofland situated within the Single-Family Residential (RS-IO) zoning district is compatible with the existing land uses and the physical and social environment ofthe area,and promotes the effectiveness and objectives of the Zoning Code and General Plan.According to the Zoning Code,in approving any use permit application,the Commission may issue the approval subject to conditions,including hours ofdaily operation and terms ofthe use permit.The conditions imposed by the commission shall bear a reasonable relationship to the use permit granted. Approval ofthe request is subject to the following conditions: 1.The applicant,its successor or assigns shall be responsible for complying with all stated conditions ofapproval. 2.Construction ofthe proposed development shall be completed within five (5) years from the effective date ofthis 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,fire protection measures,road and utility easements, paved driveway accesses and paved 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 in accordance with the Planning Department's Rule No.17 (Landscaping Requirements)related to parking lot landscaping and screening for loading spaces,trash disposal areas,and mechanical equipment. 3.Prior to receipt ofFinal Plan Approval,the applicant shall submit water usage calculations to the Department ofWater Supply (DWS)that include the total estimated daily water usage in gallons per day and the estimated peak flow in gallons per minute for the church,prepared by a professional engineer licensed in the State ofHawai'i.After review ofthe calculations by DWS,ifit is found that the existing water meter cannot accommodate the proposed demand,the applicant shall upgrade the existing water meter or install an additional water meter to meet demand,prior to issuance ofa Certificate ofOccupancy for the church. ,. • Mr.Sidney Fuke Page 5 4.The applicant shall install a reduced pressure type backflow prevention assembly within five (5)feet ofthe existing 5/8-inch water meter and have it inspected and approved by the Department ofWater Supply,prior to issuance ofa Certificate of Occupancy for the church. 5.The property shall connect to the public sewer within West Lanikaula Street in accordance with Section 21-5 ofthe Hawai'i County Code prior to issuance ofa Certificate ofOccupancy for the church. 6.Streetlights and traffic control devices,as may be required by the Traffic Division, Department ofPublic Works,shall be installed by the applicant at no cost to the County. 7.All development-generated runoffshall be disposed ofon-site and shall not be directed toward any adjacent properties. 8.All earthwork activity,including grading and grubbing,shall conform to Chapter 10,Erosion and Sedimentation Control,ofthe Hawai'i County Code. 9.The applicant shall comply with Chapter 11-55,Water Pollution Control,Hawai'i Administrative Rilles,Department ofHealth,which requires an NPDES permit for certain construction activity. 10.Construction activities shall comply with Chapter 11-46,Community Noise Control,Hawai'i Administrative Rules,Department ofHealth. 11.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 Department ofLand and Natural Resources-Historic Preservation Division (DLNR-HPD)shall be immediately notified.Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. 12.The applicant shall comply with all other applicable County,State,and Federal laws,rules,regulations and requirements. 13.An initial extension oftime for the performance ofconditions within the permit may be granted by the Planning Director upon the following circumstances: Mr.Sidney Fuke Page 6 A.The non-performance is the result ofconditions that could not have been foreseen or are beyond the control ofthe applicant,successors or assigns, and that are not the result oftheir fault or negligence. B.Granting ofthe 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 the 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 with in a timely fashion,the Planning Director may initiate procedures to revoke this Use Permit. This approval does not,however,sanction the specific plans submitted with the application as they ~ay be subject to change given specific code and regulatory requirements ofthe affected agenCIes. Should you have any questions,please contact Daryn Arai ofthe Planning Department at 961-8142. Sincerely, ~=~.,~tI Windward Planning Commission IWaiakeaUkaBibleChurchUSE13-045 cc:Waiakea Uka Bible Church Department ofPublic Works Department ofWater Supply County Real Property Tax Division DOT-Highways,Honolulu Mr.Gilbert Bailado ..