HomeMy WebLinkAbout17-071J~ cF Gregory Henkel, ChairHarry Kim
Joseph Clarkson, Vice ChairMayor I+: _!.,,/ •; s+r Donn Dela Cruz
Donald IkedaMo;:;r..
wt''EoF' Myles Miyasato
Thomas Raffipiy
County of Hawaii
WINDWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
Phone( 808) 961-8288 • Fax( 808) 961-8742
OCT 1 8 2017
Ms. Olani Lilly, Principal
Ka `Umeke Ka`eo Public Charter School
1500 Kalaniana`ole Avenue
Hilo, HI 96720
Dear Ms. Lilly:
SUBJECT: Use Permit No. USE 17-000071
Applicant: Ka `Umeke Ka`eo Public Charter School
Permitted Use: Allows the Establishment of a Public Charter School
Tax Map Key: 2- 2-032: 024
The Windward Planning Commission, at its duly held public hearing on October 5, 2017 voted to
approve the above-referenced request to allow the establishment of a Hawaiian language charter
elementary school ( grades K-2) for 100 students, six (6) teachers and four( 4) operations and
support staff in an existing facility situated on 1. 2042 acres of land within the Industrial-
Commercial Mixed Use— 20,000 square foot (MCX-20) zoned district. The project site is
situated at 313 Kuawa Street, which is on the northeast corner of Kalanikoa Street and Kuawa
Street, Waiakea, Hilo, Hawai`i.
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.
2. The life of the permit shall be five (5) years from the effective date of this Use
Permit.
3. Prior to the issuance of a water commitment by the Department of Water Supply,
the applicant shall submit the estimated maximum daily water usage calculations
prepared by a Hawaii licensed professional engineer, and a water commitment
deposit in accordance with the" Water Commitment Guidelines Policy" to the
Department of Water Supply within one hundred and eighty( 180) days from the
effective date of this permit.
Hawai`i County is an Equal Opportunity Provider and Employer
OCT 1 8 201t
Ms. Olani Lilly, Principal
Ka `Umeke Ka`eo Public Charter School
Page 2
4. Prior to the commencement of water service, the applicant shall install a reduced
pressure type backflow prevention assembly by a Hawai`i licensed contractor
within five( 5) feet of the meter on private property. If a larger or additional meter
is required, a backflow prevention assembly will also be required for that meter.
The installation ofthe backflow prevention assembly(s) must be inspected and
approved by the Department of Water Supply before the commencement of water
service.
5. The applicant, its successors or assigns shall be responsible for the relocation and
adjustment of the Department of Water Supply' s affected water system facilities,
should they be necessary.
6. The applicant, its successors or assigns shall submit for Plan Approval for the
school from the Planning Director within one hundred and eighty( 180) days 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 in accordance with the Planning
Department's Rule No. 17 ( Landscaping Requirements).
7. Within two (2) years from the effective date of this permit, the applicant shall
secure and finalize any building permits required by the Department of Public
Works-Building Division for the existing and any proposed structures, including
but not limited to, the interior alterations of converting from the church to school
use, ADA accessibility and meeting all current Fire Code Requirements.
Whenever possible, sound attenuated material shall be safely incorporated to
mitigate any noise impacts from aircraft overflights at the Hilo International
Airport. The sound attenuated material shall meet all reviewing agency codes,
rules and regulations. The sound attenuated material shall not prevent hearing or
receiving notification of any Civil Defense sirens, when the Civil Defense sirens
are activated.
8. The school shall be limited to 100 students. Any increase in the amount of
students will require an amendment of the Use Permit before the Planning
Commission.
9. The applicant, its successors and/ or assigns shall continue to work with the
County of Hawai`i Civil Defense to establish a tsunami evacuation plan, as well
as any other evacuation plans deemed necessary by Civil Defense. School staff,
Ms. Olani Lilly, Principal
Ka `Umeke Ka`eo Public Charter School
Page 3
students and parents shall be aware of the approved evacuation plans. The
approved evacuation plans shall be practiced routinely and in coordination with
Civil Defense.
10. The applicant, its successors and/ or assigns shall comply with HAR 11-11
Sanitation, HAR 11-50 Food Safety Code and HAR 11-39 Air Conditioning and
Ventilation. The applicant, its successors and/or assigns shall consult with the
State Department of Health prior to commencement of preparing school meals
on-site.
11. Upon approval of the permit, the applicant shall submit to the Planning
Department an active traffic management plan 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 or State road. It is recommended that the traffic management plan
is reviewed and approved by the Department of Public Works-Traffic Division
and State Department of Transportation-Highways Division in consultation with
the Police Department. The comprehensive plan shall be implemented upon
approval and shall provide traffic management strategies that reduce traffic
congestion on surrounding County and State roads during special events and
student pick-up/drop-off activities for the school campus.
12. All development-generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties.
13. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to the issuance of a
Certificate of Occupancy.
14. The applicant shall provide fire protection measures appropriate for the school use
meeting with the approval of the Fire Department.
15. 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-State Historic Preservation Division (DLNR-SHPD) shall
be immediately notified. Subsequent work shall proceed upon an archaeological
clearance from the DLNR-SHPD when it finds that sufficient mitigated measures
have been taken.
Ms. Olani Lilly, Principal
Ka `Umeke Ka`eo Public Charter School
Page 4
16. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
17. 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 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.
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 maybe 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 the revocation ofthe 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.
Should you have any questions, please contact Shancy Watanabe of the Planning Department at
808) 961-8144.
Sincerely,
Gregory Henk• 1, Chairman
Windward Planning Commission
LKaumekekaeopublichcharterschoolUSE 17-071 wpc
Enclosure: PC Findings Report
Ms. Olani Lilly, Principal
Ka `Umeke Ka`eo Public Charter School
Page 5
cc: Department of Public Works
Department of Water Supply
County Real Property Tax Division -Hilo
Department of Land & Natural Resources -HPD
State Department of Transportation
State Department of Health
Department of Environmental Management
Department of Civil Defense
County Fire Department
GIS Section
COUNTY OF HAWAII
PLANNING COMMISSION FINDINGS
Based on the following considerations, a Use Permit to allow the establishment of a
public charter school ( grades K-2) for 100 students, six (6) teachers and four (4) operations and
support staff in an existing facility situated on 1. 2042 acres of land within the Industrial-
Commercial Mixed Use-20,000 square foot (MCX-20) zoned district is approved.
KA ` UMEKE KA`EO PUBLIC CHARTER SCHOOL is requesting a Use
Permit to allow the establishment of a public charter school in an existing facility situated
on 1. 2042 acres of land within the Industrial-Commercial Mixed Use -20,000 square foot
MCX-20) zoned district. The public charter school is called " Ka `Umeke Ka`eo" and
received approval to become a Public Charter School by the Hawai` i State Public Charter
School Commission in 2001. Prior to becoming a charter school, Ka ` Umeke Ka`eo
became the first Hawaiian immersion program in the State of Hawai`i in 1987. The
applicant proposes to convert a 10, 500-square foot portion of an existing building
formerly used as a church into school use. The school facility will consist of the
following:
A maximum enrollment of 100 students in grades K through 2, six ( 6) teachers
and four( 4) operations and support staff
The proposed floor plan for the school consists of an open-covered entry, two ( 2)
separate lobby areas, three ( 3) separate offices, hallway, eight ( 8) classrooms and
a multi-purpose room. Based on the square footage and the occupancy factor
provided, the total occupant count allowed is 357, however, the applicant' s
request stated that the maximum enrollment is 100 students in grades K-2 and a
total of ten( 10) operations and support staff.
Ka `Umeke Ka`eo requested a Use Permit to allow the relocation of their existing
public charter school on the campus of Keaukaha Elementary School, where they have
been located since 1987, to their current location in an existing building at 313 Kuawa
Street. Ka `Umeke Ka`eo plans to lease the proposed site for the next five ( 5) years.
From June 2017, Ka `Umeke Ka`eo was obligated to move their charter school from the
Keaukaha Elementary School campus. Ka `Umeke Ka`eo continues to work with
Kamehameha Schools to seek a permanent site for their entire school on about
ten( 10) acres of land owned by Kamehameha Schools.
In considering a Use Permit for proposed use,any Rule 7 of the Planning
Commission relating to Use Permits requires that such action conform to the following
guidelines:
A. The granting of the proposed use shall be consistent with the general
purpose of the zoned district, the intent and purpose of the Zoning Code
and the County General Plan;
B. The granting of the 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 of the proposed use shall not unreasonably burden public
agencies to provide roads and streets, sewers, water, drainage, school
improvements, police and fire protection and other related infrastructure.
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The proposed school use meets the guidelines for approval of a Use Permit, for
the reasons outlined below:
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. 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 use is situated within the State Land Use Urban district
and County' s Industrial-Commercial Mixed Use (MCX) zoned district. According to the
Zoning Code, schools may be permitted in the MCX district, provided that a Use Permit
is obtained from the Planning Commission. 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 goals and policies
of the General Plan.
A condition of approval will require the applicant to secure Final Plan Approval
for the proposed development from the Planning Director. Plan Approval provides a
method of allowing closer inspection of the proposed development in order to ensure
conformance with the General Plan, to assure that the intent and purpose of the Zoning
Code as described above are carried out, and to ensure that any pertinent conditions of
previous approvals related to the development have been implemented. Based on this
information, the proposed request is consistent with the general purpose of the zoning
district and the intent and purpose of the Zoning Code.
Another condition of approval will require the applicant to secure the necessary
Building Permit( s) for the interior alterations and any proposed related Thestructures.
Building Permit will allow other agencies to review for compliance with various county
and state codes, including but not limited to Fire Code, Health Codes, ADA accessibility,
electrical, plumbing and structure regulations.
The County of Hawai` i' s General Plan is the policy document for the long range
comprehensive development of the island of Hawai`i. One of the purposes of the General
Plan is to guide the pattern of future development in this County based on long-term
goals. The General Plan Land Use Pattern Allocation Guide ( LUPAG) Map designates
the property as Medium Density Urban. These are areas of village and neighborhood
commercial and single family and multiple family residential (up to 35 units per acre) and
related functions.
The school facility will complement the following goals, policies and standards of
the Economic and Land Use elements of the General Plan:
Economic Element
Economic development and improvements shall be in balance with the physical,
social and cultural environments of the island of Hawai` i.
Provide an economic environment that allows new, expanded, or improved
economic opportunities that are compatible with the County's cultural, natural and
social environment.
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Land Use Element
Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
Promote and encourage the rehabilitation and use of urban areas that are serviced
by basic community facilities and utilities.
Encourage the development and maintenance of communities meeting the needs
of its residents in balance with the physical and social environment.
Based on the preceding, the proposed school facility is consistent with the
General Plan designation and is in keeping with the goals, policies and standards of the
General Plan.
The granting of the 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. The land uses in the immediate area are a mix of
commercial and industrial uses. The Hilo International Airport is industrially-zoned
ML-20) and located east, southeast of the subject Commercial and/orproperty.
industrial uses nearby include warehousing, aviation-related uses, and office buildings.
Ken' s House of Pancakes is located diagonally of the subject property to the north and is
commercially zoned ( CN-10). The Waiakea Kai Shopping Plaza is the adjacent property
to the east and is zoned industrial-commercial mixed-use district. The Department of
Public Works-Traffic Division stated in their Memo No. 2017-835 that signal
adjustments will be made at Kanoelehua/Kamehameha Avenue to improve traffic flow
later this year. Based on the assertions in the report and discussion in the application, the
project is not anticipated to have a significant impact to State highways. However,
should unexpected traffic issues to State highways attributable to the operation of the
school arise, they are expected to mitigate those issues to the satisfaction of the
DOT-HWY Hawai`i District Engineer. Therefore, it is not anticipated that the granting
of the proposed use will 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 unreasonably burden public agencies to provide
roads and streets, sewers, water, drainage, school improvements, police and fire
protection and other related infrastructure. The anticipated vehicular traffic route is a
one-way ingress from the Kalanikoa Street entrance which proceeds around the back of
the building for student drop-off/pick-up with the Ka Umeke Kaeo staff standing by to
facilitate the student drop-off and pick-up. Egress is on Kuawa Street. The proposed
staff parking is in the front of the building. A condition for a traffic management plan
will be added.
In a memo dated August 23, 2017, the Department of Public Works Engineering
Division stated that the construction plans and drainage calculations have not yet been
submitted to comply with items E, F, G and H of Change of Zone Ordinance No. 09 167.
The Zoning Map ( Ordinance No. 187) classifies Kalanikoa and Kuawa Streets as
collectors with existing right-of-way widths of 60 feet. There is an existing 20-ft corner
radius " Road Reserve" at the intersection of Kalanikoa and Kuawa Streets. This
86 square feet Road Reserve created by Final Subdivision No. 2708 should be dedicated
to the County. American Trading Company was granted an Administrative Time
Extension until December 30, 2019 to with Condition D ( Constructioncomply
Completion) of Change of Zone No. 09 167.
As such, the Planning Director will not be
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recommending a condition for Ka `Umeke Ka`eo to dedicate the 86-square foot radius to
the county nor any of the other conditions of Change of Zone Ordinance No. 09 167. The
conditions of the Change of Zone Ordinance is the responsibility of the landowner, which
the Planning Department will work with the owner separately from this Use Permit
Application.
The State of Hawai`i Department of Transportation Highways Division
DOT-HWY) stated that there was no traffic assessment accompanying the Use Permit
Application. However, a Traffic Observation report was prepared. The report indicated
that 30% of the students would use provided bus transportation and an estimated
56 vehicles would be in-bound to the school to drop off students. Based on the assertions
in the report and discussion in the application, the project is not anticipated to have a
significant impact to State highways. However, should unexpected traffic issues to State
highways attributable to the operation of the school arise, the applicant is expected to
mitigate those issues to the satisfaction of the DOT-HWY Hawai`i District Engineer. A
condition will be made to address any unexpected traffic issues should they arise.
According to the State of Hawai`i Department of Transportation Airports
Division, the subject property is located in between the 60 to 65 Day-Night Sound Level
noise contours. The site is directly below the approach and departure flight tracks for the
airport. The applicant needs to be aware of the noise impacts from aircraft overflights at
the Hilo International Airport (ITO). While the Federal Aviation Administration (FAA)
Land Use Compatibility Guidelines — 14 Code of Federal Regulations Part 150 allows
noise sensitive uses, such as schools, within this noise exposure level, the State of
Hawai`i Department of Transportation Land Use Compatibility guidelines recommend
that the proposed school incorporate sound attenuation measures into the existing
building. To facilitate a better learning environment for students and staff, a condition
will be included to address the noise impacts from aircraft overflights at the Hilo
International Airport (ITO).
According to the applicant, there will be no meals prepared at the subject
property. All meals will be delivered to the student population daily via an outside
licensed vendor. The State Department of Health states that the applicant shall comply
with their rules on Sanitation, Food Safety Code and Air Conditioning and Ventilation.
There have been numerous cases of food borne illnesses within the past decade statewide,
which have caused great concern for food safety. The Planning Director recommends
conditions to address these concerns.
The project site is located within an area adequately served with essential services
and facilities such as county water, fire services, police services, transportation systems,
and other utilities and will not unreasonably burden public agencies.
The subject request is not contrary to Chapter 205A, Hawaii Revised
Statutes, relating to Coastal Zone Management Area. The SMA is part of the Coastal
Zone Management Program regulated by the County. The entire subject property is
located within the Special Management Area. The closest property line is located
approximately 1, 216 feet from the nearest coastline. The nearest Civil Defense siren is
located about 140 feet from the subject at the Kamehamehaaway property
Avenue/Kanoelehua Avenue intersection. A condition will be made to ensure that the
school establishes a valid evacuation route and provide adequate training to staff,
students and parents.
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There is no record of a designated public access to the shoreline or mountain areas
that traverses the property. According to the Flood Insurance Rate Map ( FIRM), the
property is located in Zone " X", area outside of the 500-year flood plain. The entire site
has been completely cleared and in urban use for over several decades. As such, there are
no valued cultural, historical or natural resources on the property and no evidence of any
traditional and customary Native Hawaiian rights being practiced Thus, it ison the site.
not anticipated that the proposed request will have any adverse impact on cultural or
historical resources in the area.
The proposed request will not have a significant adverse impact to
traditional and customary Hawaiian Rights. In view of the recent Hawai`i State
Supreme Court' s " PASH" 0 Ka Aina"and " Ka Pa' akai decisions, the issue relative to
native Hawaiian gathering and fishing rights must be addressed in terms of the cultural,
historical, and natural resources and the associated traditional and customary practices of
the site:
Investigation of valued resources: No formal archaeological reconnaissance
survey, oral history of kama`aina accounts of the area, historical survey of documentary
records, botanical and/or fauna study was submitted.
The valuable cultural, historical, and natural resources found in the project area:
The property is not adjacent and/or proximate to shoreline.the As such, gathering of
marine life and coastal access is not an issue. There are no known established valued
cultural rights being exercised on the property. The likelihood of any rare or endangered
species, habitat of flora or fauna or any archaeological features is remote in this area
based on urbanization and the development that has occurred.
Possible adverse effect or impairment of valued resources: As the entire site has
been completely cleared and in urban use for over sixty years, it is not anticipated that
there will be any adverse effect or impairment of valued resources.
Feasible actions to protect native Hawaiian rights: To the extent to which
traditional and customary native Hawaiian rights are exercised, the proposed action will
not affect traditional Hawaiian rights and no action is necessary to protect these rights. A
condition of approval will be included to require the applicant to notify the DLNR-SHPD
should any unidentified sites or remains be encountered, and proceed only upon an
archaeological clearance from the DLNR-SHPD.
Based on the above findings, the approval of Use Permit No. 17-000071 to
establish a public charter school ( grades K-2) for 100 students with six ( 6) teachers and
four ( 4) operations and support staff in an existing facility situated on 1. 2042 acres of
land within the Industrial-Commercial Mixed Use -20,000 square foot (MCX-20) zoned
district would support the objectives sought to be accomplished by the Land Use Law and
Regulations.
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