HomeMy WebLinkAbout16-062William P.Kenoi Charles Heaukulani,Chair
Mayor Gregory Henkel,Vice Chair
Joseph Clarkson
Donn Dela Cruz
o:'M±!.. Donald Ikeda
Myles Miyasato
County of Hawaii Raylene Moses
WINDWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street,Suite 3 • Hiro,Hawaii 96720
Phone(808)961-8288 • Fax(808)961-8742
JUN 2 8 2,016
Mr. Sidney Fuke
Planning Consultant
100 Pauahi Street, Suite 212
Hilo,HI 96720
Dear Mr. Fuke:
SUBJECT: Use Permit No. USE-16-000062
Applicant: Kings Chapel Honoka`a
Permitted Use: Allowed the Conversion of an Existing Single-Family
Dwelling to a Chapel and Related Activities
Tax Map Key: 4-5-010:080
The Windward Planning Commission,at its duly held public hearing on June 2,2016 voted to
approve the above-referenced request to allow the conversion of an existing single family
residence into a church along with related improvements and activities on 4 acres of land located
within the Agricultural -40 acre(A-40a)zoning district The project site is situated along the
mauka side of the Hawaii Belt Highway(Highway 19),directly opposite of Tex's Drive Inn in
Papa`anui,Hamakua,Hawaii.
Approval of this permit is subject to the following conditions:
1. The applicant, its successor or assigns shall be responsible for complying with all
stated conditions of approval.
development shall be completed within two 22. Construction of the proposed p
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
Hawai`i County is an Equal Opportunity Provider and Employer
JUN 282018
Mr. Sidney Fuke
Planning Consultant
Page 2
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. The applicant shall secure and finalize any required permits from the Building
Division for the change ofuse to accommodate the church conversion within one
1)year from the date of issuance of Final Plan Approval.
4. Prior to receipt of Final Plan Approval,the applicant shall submit water usage
calculations to the Department of Water 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 of Hawai`i. The water usage calculations shall ensure,to the satisfaction
of DWS,that average daily water usage by the church will not exceed the
maximum water allocation as determined by the DWS.
5. Access to the property shall be limited to Old Mamalahoa Highway. All driveway
connections to Old Mamalahoa Highway shall conform to Chapter 22, Streets and
Sidewalks,of the Hawaii County Code.
6. Septic tank(s)shall be installed,meeting with the standards and requirements of
the State Department ofHealth,prior to the issuance of a Certificate of
Occupancy.
7. A Solid Waste Management Plan shall be prepared and submitted for approval to
the Department of Environmental Management for review and approval prior to
the issuance of a Certificate of Occupancy.
8. All development-generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties. A drainage study ofthe subject property,
if required, shall be prepared and submitted to the Department of Public Works
for review and approval,prior to submittal of plans for Plan Approval review.
Drainage improvements, ifrequired, shall be constructed, meeting with the
approval of the Department ofPublic Works prior to the issuance of a Certificate
of Occupancy.
Mr. Sidney Fuke
Planning Consultant
Page 3
9. 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 of Land
and Natural Resources-Historic Preservation Division(DLNR-SHPD) shall be
immediately notified. Subsequent work shall proceed upon an archaeological
clearance from the DLNR-SHPD when it fmds that sufficient mitigative measures
have been taken.
10. The applicant shall comply with all other applicable County, State, and Federal
laws,rules,regulations and requirements.
11. An initial extension of time 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 ofthe 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 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 of the 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 may be subject to change given specific code and regulatory requirements of the affected
agencies
Approval of this permit is based on the reasons given in the attached Findings Report.
Mr. Sidney Fuke
Planning Consultant
Page 4
Should you have any questions,please contact Christian Kay of the Planning Department at
961-8136.
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LKingschapelhonokaaUDE 16-062wpc
Enclosure: PC Findings Report
cc: Pastor Dan Akau, Kings Chapel Honoka`a
Department of Public Works
Department of Water Supply
County Real Property Tax Division- Hilo
Department of Land &Natural Resources-HPD
Department of Environmental Management
State Department of Health
Mr. Gilbert Bailado
I I
COUNTY OF HAWAII
PLANNING COMMISSION FINDINGS
KINGS CHAPEL HONOKA`A
USE PERMIT APPLICATION (USE l6-OOOO62)
Based on the following, Use Permit No. 16-000061 is hereby issued to allow for the
renovation and conversion of an existing, 3,760 square foot single-family dwelling on the subject
property for its use as a chapel and related activities on four (4) acres of land situated within the
Agricultural-40 acre(A-40a)zoning district. The subject property is situated along the mauka side
of the Hawaii Belt Highway (Highway 19), directly opposite of Tex's Drive Inn in Papa`anui,
Hamakua, Hawai`i,TMK: 4-5-010:080.
KINGS CHAPEL HONOKA`A is requesting a Use Permit to allow for the renovation and
conversion ofan existing,3,760 square foot single-family dwelling on the subject property for its use
as a chapel and related activities on four(4)acres ofland. Currently,the applicant conducts Sunday
morning services at the Honoka`a High School cafeteria from 7:00 a.m. to noon. Two smaller
evening services are held during the week at the Pa'auhau community center.The applicant proposes
classes, fellowship and services on Sunday mornings from 7:00 a.m. to noon. The applicant is
anticipating amaximum congregation of 100 persons spread out over three(3)Sunday services. The
applicant further anticipates two to three evening classes during the week beginning at 7:00 p.m.,
which will consist of between 20 and 40 persons. The request includes the following:
The renovation and conversion of an existing 3,760,single-story residential structure into a
2,500 square foot chapel, with the remaining space dedicated to office space, classrooms,
storage, etc. The height of the existing dwelling is less than 30 feet (Maximum height
allowed in the Agricultural zoning district is 45 feet).
The applicant is proposing two driveway accesses from Old Mamalahoa Highway with the
makai driveway accessing the larger parking area and the mauka driveway accessing the
proposed church and handicapped parking spaces.
The applicant is proposing two parking areas with a total of 50 parking stalls. An upper
parking area adjacent to the church would accommodate two(2)paved handicapped stalls.
The applicant also expects to host occasional church related social or spiritual gatherings,
fellowship functions,meetings and special events such as weddings,funerals,bazaars and the
like.
The renovation project is anticipated to cost approximately$50,000 dollars. The applicant
hopes to begin the project in this summer(2016) and plans to open the chapel before the end of
2016.
The reason for the request is that the applicant currently conducts services at spaces around
the community (Honoka`a High School and Pa`auhau community center). Over time, its
membership has grown and has required the need to find a larger,permanent facility. The landowner
agreed to convert this planned parsonage into a chapel and associated uses to accommodate this
need.
In considering a Use Permit for any proposed use,Rule 7(Use Permits), Section 7-6,of the
Planning Commission's Rules ofPractice and Procedure states that the Planning Commission may
approve a Use Permit upon finding that:
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a) The granting of the proposed use shall be consistent with the general purpose of the zoning
district,the intent and purpose of the 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 of the zoned district,the intent
and purpose of the Zoning Code and the County General Plan. The subject property is zoned
Agricultural (A-40a),however it is located in an area of Honoka`a designated Urban by the State
Land Use Commission and for Low Density Urban development by the General Plan. Establishment
ofa church on the property is consistent with the purpose ofthe Zoning Code because churches are
permitted in State Land Use Urban district and the Agricultural zoning district through the issuance
of a 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 existing single-family dwelling will be renovated and converted into a church
and 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 ofHonoka`a.
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
adjacent property to the west is zoned single-family residential(RS-10)and is vacant,properties to
the east,across Old Mamalahoa Highway are zoned single-family residential(RS-10)and consist of
single-family dwellings. The property directly makai and across Highway 19 from the subject
property is zoned village commercial(CV-7.5)and is the location ofthe Tex Drive—In commercial
center. Finally,the property directly mauka ofthe subject parcel is agriculturally zoned(A-40a)and
is fully planted in eucalyptus forest. While there are some vacant and agricultural uses in vicinity,
the general character reflects an area slowly being transitioned into a mixture of commercial and
residential uses. The proposed use is similar to the existing uses nearbyand therefore willnot 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. With the exception ofthe proposed
handicapped parking area adjacent to the chapel,the applicant is requesting that theynot berequired
to pave proposed parking areas.The applicant has stated that the currently proposed parking area is
grassed and shows little to no erosion or mud and the area shows no signs ofstanding water when it
rains. Additionally,the applicant desires to keep a more residential, and not institutional ambiance
for the subject property. Finally they want to avoid costs associated with paving and drainage
improvements such as drywells. While the Zoning Code does not require paved parking for
permitted uses in the Agricultural (A) zoning district, the Department's past practice has been to
recommend paved parking for churches in urban areas in order to minimize dust,noise,and erosion
and to keep the character of the property consistent with surrounding uses. Additionally, all of the
churches in the area have been required to provide paved parking, including the Honoka`a LDS
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Church which is located approximately 1/3 ofa mile to the east ofthe subject property and similarly
located directly mauka ofthe highway in the State Land Use Urban District. As the church was built
in 1969, the Zoning Code only required a Plan Approval to accommodate a church. That Plan
Approval in 1969 required pavedparking. Based on thepreceding,the applicant will be required to
pave all driveways and parking areas as a condition of approval of this permit. 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 of traffic during
weekday peak hours of travel. Access to the project site is from the Old Mamalahoa Highway, atwo-lane,County owned and maintained road with a right-of-way approximately 50-feet wide with apavementwidthof20-22 feet in the vicinity of the subject property. Based on comments from the
Police Department and State Department ofTransportation,access will notbe allowed from Hawaii
Belt Road(Highway 19)due to traffic and pedestrian safety factors. The applicant is proposing to
utilize two (2) existing driveway accesses from Old Mamalahoa Highway. According to the
Department of Public Works,driveway connections to Old Mamalahoa Highway shall comply with
Chapter 22,County Streets,ofthe Hawai`i County Code which will be made a condition of approvalofthispermit. The property is currently not serviced by the County sewer system and disposes of
wastewater into a cesspool which would meet the definition ofa Large Capacity Cesspool(LCC)by
the State Department ofHealth as it would have the capacity to serve more than 20 persons per day
as a church. Federal Environmental Protection Agency (EPA) regulations do not allow LCC's,
therefore,the existing cesspool will need to be abandoned and replaced with an appropriately sized
septic tank. This will be made a condition of this permit. County water is provided to the property
via anexisting 5/8-inch water meter with a limit in average dailyusage of400 gallons. The applicant
estimates that the project will need approximately 300 gallons per day on average. As the existing
water system cannot provide any additional water units,the Department ofWater Supply(DWS)is
requesting that the applicant provide estimated maximum daily water usage calculations for the
proposed uses. Those calculations will be used to determine ifthe water system can accommodate
theproposed demand. Submittal ofwater use calculations and compliance with DWS requirements
will be made a condition of this permit. Finally, DWS indicated that a reduced pressure type
backflow prevention assembly has already been installed, inspected and approved by DWS. 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 of on-site and
not allowed onto adjacent properties or roadways. According to the Department ofEnvironmental
Management, a Solid Waste Management Plan will be required of the applicant for review and
approval. This will be made a condition ofapproval ofthis permit. Police,fire and medical services
are located nearby in Honoka`a. All other utilities are available to the site.
The request is not contrary to Chapter 205A,Hawaii Revised Statues,relating
to Coastal Zone Management. The property is not located in the Special Management Area and isitwillnotbeimpactedbycoastalhazardsandbeachnotproximatetotheshoreline; thereforep
erosion. There is no record of a 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 of any traditional and customary Native Hawaiian
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rights being practiced on the site. Thus,it is not anticipated that the proposed request will have any
adverse impact on cultural or historical resources in the area.
Lastly,this approval is made with the understanding that the applicants remain responsible
forcomplyingwithall other applicable governmental requirements in connection with theapproved
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 with the Fire Code,installation ofimprovements
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.
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