HomeMy WebLinkAbout18-077Joseph Clarkson, Chair Harry Kim Donald Ikeda, Vice Chair Mayor Gilbert Aguinaldo
Donn Dela Cruz
Thomas Raffipiy
Jolm Replogle
County 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
DEC 6 2018
Mr. Zenda Kem
Planning Consultant
194 Wiwoole Street
Hilo, HI 96720
Dear Mr. Kem:
SUBJECT: Use Permit No. USE 18-000077
Applicant: Friends of the Volcano School of Arts and Sciences
Permitted Use: Allowed the Establishment of a Public Charter School and
Related Improvements for Grades Pre-K to 8
Tax Map Key: 1-9-004:019
The Windward Planning Commission, at its duly held public hearing on November 7, 2018 voted
to approve the above-referenced request to allow the establishment of a public charter school and
related improvements for grades pre-K to 8 for up to 250 students, and to provide afternoon and
evening adult education and post-secondary classes on 3.15 acres ofland. The project site is
located at 19-4024 Haunani Road, which is about 500 feet northeast of its intersection with the
Old Volcano Road in Volcano Village, Puna District, 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 applicant shall comply with all applicable County, State and Federal laws,
rnles, regulations and requirements, including impacts to state waters and fire
code.
3. The school and related uses shall be conducted in a manner that is substantially
representative of plans and details contained within the Application for Use
Permit and the representations made before the Windward Planning Commission.
Hawai 'i County is an Equal Opportunity Provider and Employer
Mr. Zendo Kem
Planning Consultant
Page 2
4. The school shall be limited to 250 students and 40 staff. Any increase in the
number of students and/or staff will require an amendment of the Use Pennit
before the Planning Commission.
5. The property may be used by the applicant to accommodate its high school
students and activities on a temporary basis, for no more than five (5) years, and
not to exceed the maximum student and staff counts stated in Condition 4.
6. Construction of the proposed school and related improvements shall be completed
within ten (10) years from the effective date of this pennit. Prior to construction,
the applicant shall secure Final Plan Approval for the proposed school
development and/or related improvements from the Planning Director within
one (1) year from the effective date of this pennit in accordance with
Section 25-2-70, Chapter 25 (Zoning Code), Hawai 'i County Code. Plans shall
identify all existing and proposed structures, fences, signage, water sources
(potable and non-potable), fire protection measures, paved driveway access and
paved parking stalls, outdoor lighting (if any, lighting must be shielded with light
directed downwards), landscaping buffer and other improvements associated with
the proposed development. Best Management Practices (BMPs) shall be
implemented. 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 Rules of Practice and Procedure Rule No. 17
(Landscaping Requirements). Construction of the fencing along the common
boundary line adjacent to neighboring parcels shall be completed prior to receipt
of a Certificate of Occupancy.
7. The proposed kitchen facility and food service operation shall meet the
requirements of Chapter 50, Food Safety Code.
8. Potable water and drinking water sources shall meet the requirements of the State
Department of Health Safe Drinking Water Branch (DOH-SDWB). The applicant
shall coordinate with the DOH-SDWB to ensure compliance with their
requirements. The applicant shall submit a copy of a letter from the DOH-SDWB
stating that the potable water and drinking water sources meet their requirements
prior to certificate of occupancy.
Mr. Zendo Kem
Planning Consultant
Page 3
9. Construction activities on the subject property shall be limited to 7 a.m. to 5 p.m.,
Mondays through Saturdays. Best Management Practices (BMPs) shall be
implemented. The applicants shall avoid nighttime construction during the
seabird-fledging period (September 15 through December 15).
10. Construction activities shall adhere to the 2014 Archaeological Monitoring Plan
approved by the State Department of Land and Natural Resources Historic
Preservation Division.
11. Noise from construction activities and operations, and method of fugitive dust
control shall meet the standards and requirements of the State Department of
Health.
12. Prior to expansion of the school, the applicant shall secure any pennits and
approvals required from the State Department of Health (DOH) for the individual
wastewater system(s), including addressing the amount of wastewater to be
generated by the project. The individual wastewater systems(s) shall be installed
meeting with the standards, requirements and approval of the State DOH.
13. Prior to expansion of the school, the applicant shall secure and finalize any
building pennits required by the Department of Public Works-Building Division
for the existing and proposed structures.
14. The applicant shall also install street lights and traffic control devices as required
by the Traffic Division, Department of Public Works. The applicant shall be
responsible for the design, purchase, and installation of such devices. All of the
roadway improvements to Haunani Road shall be completed prior to receipt of a
Certificate of Occupancy.
15. Should there be any changes in the Traffic Management Plan (TMP) dated
July 17, 2018, the applicant shall obtain approval from the County Department of
Public Works-Traffic Division and the Planning Department prior to
implementation of a new TMP.
16. The applicant shall install a minimum six-foot high chain-link fencing along the
property boundary adjacent to residentially-zoned properties with landscaping as
required by Planning Department Rules of Practice and Procedure Rule No. 17
Landscaping Requirements.
Mr. Zendo Kem
Planning Consultant
Page4
17. Prior to issuance of Final Plan Approval, the applicant shall provide fire
protection measures appropriate for the school use meeting with the approval of
the Fire Depaiiment, including but not limited to water storage for firefighting
purposes, water supply with sufficient fire flow rate, and providing fire
department access roads with adequate turning radiuses to suppmi entire school.
The area between the subject property lines and proposed Building B (parallel to
northwest prope1iy line) and Building C (parallel to northeast property line) shall
remain clear and unobstructed at all times to allow for fire trnck access, if needed.
18. An Emergency Evacuation Plan shall be submitted to the Hawai'i County Civil
Defense Agency for review and approval prior to the issuance of Final Plan
Approval, which shall incorporate proper emergency plans relating to volcanic
and earthquake activity in coordination with the U.S. Geological Survey and Civil
Defense. A copy of the approved plan shall be submitted to the Planning
Department for their files.
19. All development-generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties. All earthwork activity shall confonn to
Chapter 10, Erosion and Sedimentation Control of the Hawai'i County Code.
20. All outdoor lighting shall be fully shielded so the bulb can only be seen from
below bulb height and only use when necessary in order to avoid seabird
disorientation, fallout, injury or mortality.
21. To protect any Hawaiian hoary bats in the vicinity ofthe property, barbed wire
fencing shall not be used for fencing, and woody vegetation over 15 feet in height
shall not be removed during bat breeding season of June 1st through
September 15111 without first conducting surveys for bat nests and coordinating
with US Fish and Wildlife Service if nests are found. Surveys shall be conducted
by a qualified biologist.
22. To protect any Hawaiian hawk in the vicinity ofthe prope1iy, clearing and
grubbing activities shall not occur in the pennit area during hawk breeding season
of March to September without first conducting surveys for hawk and
coordinating with US Fish and Wildlife Service ifnests are found. Ifnests are
found, surveys shall be conducted by a qualified biologist.
23. In the unlikely event that any surface or subsurface historic properties and/or
resources, such as lava tube openings, concentrations ofartifacts, structural
remains or human skeletal remains are found during construction activities, the
Mr. Zenda Kem
Planning Consultant
Page 5
applicant shall cease work in the immediate vicinity of the find, protect the find
from additional disturbance and immediately contact the State Historic
Preservation Division (DLNR-SHPD) at (808) 933-7651 for further guidance.
The applicant shall also notify the Planning Department immediately after
contacting the DLNR-SHPD. Subsequent work shall proceed upon an
archaeological clearance from DLNR-SHPD when it finds that sufficient
mitigation measures have been taken.
24. The applicant shall submit a rep01i to the Planning Director every year before the
anniversary date of this issued pennit. The rep01i should describe the status of
development and explain to what extent each condition of approval has been
satisfied. The applicant should provide letters from the various agencies that
verify compliance with a specific condition as an exhibit, such as a water
commitment payment letter from the Department of Water Supply or Certificate
of Occupancy from the Building Division. This condition shall remain in effect
until all of the conditions of approval have been completed and the Planning
Director informs the applicant that further repo1is are not required.
25. 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-perfonnance is the result ofconditions 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 pennit.
D. The time extension granted shall be for a period not to exceed the period
originally granted for perfonnance (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 the revocation of the Use Permit.
Mr. Zendo Kem
Planning Consultant
Page 6
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 pennit is based on the reasons given in the attached Findings Report.
Should you have any questions, please contact Maija Jackson of the Planning Depaiiment at
961-8159.
LFriendsofthevolcanoschoolofarts&scicncesUSE l 8-077wpc
Enclosure: PC Findings Report
cc w/enclosures: Friends of the Volcano School of Arts and Sciences
Department ofPublic Works
Department of Water Supply
County Real Property Tax Division -Hilo
Department ofLand & Natural Resources -HPD
Department ofHealth
Plan Approval Section
GIS Section
COUNTY OF HAWAI'I
PLANNING COMMISSION FINDINGS
FRIENDS OF THE VOLCANO SCHOOL OF ARTS AND SCIENCES
USE PERMIT APPLICATION N0.18-000077 (USE 18-077)
Based on the following findings, Use Pennit No. 18-77 is hereby issued to allow the
establishment of a public charter school and related improvements for grades pre-K to 8 for up to
250 students, and to provide afternoon and evening adult education and post-secondary classes
on 3 .15 acres of land, known as the historic Keakealani School property, within the
Single-Family Residential -20,000 square feet (RS-20) zoning district. The prope1iy address is
19-4024 Haunani Road, which is about 500 feet northeast of its intersection with the Old
Volcano Road in Volcano Village, Puna District, Hawai'i, TMK: (3) 1-9-004:019. At its public
hearing on November 7, 2018, the Windward Planning Commission voted to add a new
condition to the pennit (Condition 5) allowing the applicant to use the subject property on a
temporary basis for no more than five ( 5) years by the high school students of VSAS, so long as
the overall student and staff count does not exceed 250 students and 40 staff.
The applicant is requesting a Use Pennit in order to consolidate separate grade
levels over different campuses for the Volcano School of Arts and Sciences Public
Charter School onto one (1) campus for grades pre-K through 8111 grade for a maximum of
250 students and 40 faculty staff, and to provide afternoon and evening adult education
and post-secondary classes on 3 .15 acres of land. The Volcano School of Arts and
Sciences is a Hawaiian-focused public charter school. Their vision includes a focus on
the unique ecosystems and geology of the Volcano area, to cultivate responsibility for
nature and its environment, and to provide a solid academic foundation for all students in
a safe and supportive "learning village" environment. In 1915, Peter Lee donated the
subject 3 .15-acre property for the expressed purpose of building a public school for the
greater Volcano community (DLNR, 2011). The existing two-story historic classroom
building, built in 1933, will help to enhance and maintain the original intent for the
family of the late Peter Lee.
The proposed plan consists of approximately 16 classrooms to accommodate
pre-K to 8111 grade core, visual art, perfonning art, music, culture and technology
instrnction, open and flexible spaces for small group instrnction and student
collaboration, STEAM labs, garden areas, covered walkways, a multi-purpose center for
cafeteria services, a commercial kitchen, an administrative building, staff and visitor
parking, and a drop-off/pick-up roundabout. The campus design reflects the Volcano
School of A1is and Sciences vision (VSAS) of a learning village around a center, or piko
courtyard for gathering, outdoor learning and play. Reflecting their commitment for
environment responsibility and stewardship, the master plan includes solar electricity,
solar hot water, radiant floor hydronic heating, effective use of natural light and
ventilation and use of local and renewable resources. In their cool climate condition at
the current 3,750-foot elevation, the school would not require air-conditioning. The
VSAS is conducting an in-depth study to use rainwater as the primary water source and
pioneer a replicable model for other pre-K through 12111 grade schools across the state.
The VSAS will integrate campus gardens in a Farm-to-School initiative. It is the goal of
-1
the final project to create a campus that is in harmony with the environment, the
community and the students. The applicant is also requesting to offer adult education in
the form of institutes, afternoon and evening classes and possibly offer post-secondary
options in partnership with the local community college and university system.
Currently, only the intermediate school occupies the existing Keakealani School
building. The other grade levels are at a different offsite location. Approval of this
request will allow the various grades currently separated by location to relocate to a
comprehensive and cohesive campus. An existing redwood water tank will remain. The
project crnTently houses a 24,000-gallon reservoir for non-potable water and
another 10,000-gallon water catchment tank for fire suppression. The water in the
24,000-gallon reservoir is tmcked in regularly for non-potable use. Drinking water is
purchased in the fonn of bottled water in 5-gallon jugs for use in classroom dispensers.
There is no well drilling involved or the use of any existing wells involved in this project.
The applicant is requesting to demolish an existing metal water tank, existing restrooms
attached to the Keakealani building, and existing sheds. The applicant is also requesting
to allow temporary portable classrooms for teaching and some administration functions
during the construction period of the pennanent classroom buildings. The mobile
temporary classrooms will be similar to the mobile classrooms used at other schools in
Hawai'i County. The applicant indicated that they will adhere to all county, state and
federal laws in regards to the structures and use. Hours of operation for the school
administration and staff are from 7:00 a.m. through 5:30 p.m., Monday through Fridays
during the normal academic year. The school session is from 8 :00 a.m. through
2:20 p.m., Monday through Fridays during the nonnal academic year. According to a
July 17, 2018 supplemental letter, the applicant proposed that the total number of
students is 250 and faculty is 40. There is an existing, small parking area for staff and
visitors. The proposed site plan indicated 55 paved parking spaces (three of which are
ADA-accessible), a loading drive, a loading area, and a water tank for firefighting
purposes and related equipment.
The original kitchen building currently contains a certified cold-preparation
kitchen. The applicant is requesting to construct a multi-purpose center for cafeteria
services. On March 21, 2018, the applicant provided a letter requesting the use of a State
Department of Health-certified mobile kitchen on the subject site to prepare and serve
meals to the students. The mobile kitchen would serve both hot and cold meals for the
students, during the construction period for the main school kitchen.
As funding the entire project will take time, the applicant is requesting a 15-year
construction completion date. However, based on similar projects and timelines, the
Planning Director recommends a ten (10) year construction completion date, with the
possibility of a one-time administrative time extension of the same number of years. Any
further time extensions and/or increases in number of students or staff will require the
applicant to submit their request to the Planning Commission.
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:
-2
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.
The proposed school use meets the guidelines for approval of a Use Pennit, 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 subject property is situated within the State Land Use Urban district
and County's Single Family Residential (RS-20) zoning district. According to the
Zoning Code, schools may be pennitted in the RS district, provided that a Use Permit is
obtained from the Planning Commission. The Use Pennit process provides an avenue to
review and analyze a proposed project on a case-by-case basis relative to infrastmcture
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
confonnance 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
infonnation, 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 Pennit(s) for the interior alterations of existing stmctures, as well as for any
proposed related stmctures. The 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 stmcture regulations.
The County of Hawai'i's General Plan is the policy document for the long range
comprehensive development ofthe island ofHawai'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
-3
the property as Medium Density Urban and Low Density Urban. These are areas of
village and neighborhood commercial, single family and multiple family residential (up
to 35 units per acre), ancillary community and public uses, and related functions.
A school is considered a community facility that will complement the Public
Facilities-Education element of the General Plan:
Public Facilities-Education
• Encourage combining schoolyards with county parks and allow school facilities
for afterschool use by the community for recreational, cultural, and other
compatible uses.
The subject prope1iy is within the proposed Volcano Community Village Center
Boundary identified in the Puna Community Development Plan. Expansion of the school
in this location would continue to meet the CDP objective of locating community
facilities, such as schools, in designated village and town centers.
Based on the preceding, expansion of the public charter 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 mainly
residential with a few neighborhood commercial uses. Mostly native trees border either
side of Haunani Road. To the south is a large residential parcel with a single-family
dwelling and accessory structures. To the west is the Haunani Road and two residential
parcels with a single-family dwelling each. The residential parcel to the north consists of
an older single-family dwelling and accessory structures. Adjacent to the east is a subject
parcel that consists of a single-family dwelling operating as an approved Bed and
Breakfast, approved under Use Pennit No. 169, and a wellness center, approved under
Use Pennit No. 187 in a dense native forest. Further east of the subject property, along
the Old Volcano Road, is the True Value store and Thai Thai Restaurant that is on the
commercially-zoned portion on the front of a property, which is also residential in the
back.
The Planning Department received written testimony from Wendell Ing, who
expressed support for the proposed school expansion, and concerns regarding possible
intrusions and the potential liability oftrespassers because there is no fencing between his
property and the adjacent school property at this time. Wendell Ing requested that the
applicant construct a fence, of similar height to an existing school fence, at their common
boundary line. The applicant received Wendell Ing's testimony, and is amenable to
constructing such a fence at their common boundary line at the time of the certificate of
occupancy for the school. As such, the Planning Director will recommend a condition
requiring the applicant to construct a fence between the subject property and adjacent
residentially-zoned 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. Access to the school is from Haunani
Road in Volcano Village, which is a two-lane county road with a paved width of 22-feet
-4
within a 40-foot width right-of-way. In their July 23, 2018 memo, the Department of
Public Works-Traffic Division had no comments. In response to DPW-Traffic Division's
October 19, 2015 review comments of the Traffic Impact Analysis Report (TIAR), the
applicant provided a July 17, 2018 letter regarding a proposed Traffic Management Plan
(TMP). The TMP consisted of improving traffic flow that will not result in the queueing
of cars onto county or state roadways, improving ingress and egress, increasing the
number of stalls, providing adequate access routes to and from school, constrncting
sidewalk and related improvements (i.e. crosswalk, signage), hiring properly trained
traffic monitoring personnel and communicating the TMP with parents, staff and
students. Based on a student count of 174 and faculty of 28, the TIAR identified a Level
of Service (LOS) of A, meaning little to no delay. The applicant is requesting an
enrollment increase for a total of 250 students and 40 faculty. The applicant believes that
the level of service would not drop below LOS B, even with the increased number of
students and faculty. Thus, a LOS level of B or C would be adequate for their request.
According to an August 7, 2018 memo from the Department of Water Supply
(DWS), the subject property is not within the service limits of the Department's existing
water system facilities, and the Department's existing water system facilities cannot
support the proposed use at this time. Therefore, the applicant will bring in drinking
water for dispensing or purchase bottled water. For firefighting purposes, there is a
reserved, separate water tank for the Fire Departments use only. In the application, the
applicant indicated that there are onsite holding tanks for water use within the buildings
(i.e. toilets, washing, etc). The Planning Director recommends conditions addressing
water storage and firefighting purposes.
The State Department of Health (DOH) provided their comments in an
August 3; 2018 memo, which indicated that their Safe Drinking Water Branch authority
on drinking water quality is based on the definition of a "public water system." All
sources of public water system sources must undergo a source water assessment which
will delineate a source water protection area. The process is preliminary to the creation
of a source water protection plan for that source and activities which will take place to
protect the source of drinking water. The Planning Director recommends a condition that
the potable drinking water and water system source meets the requirements of the State
Department of Health Safe Water Drinking Branch.
The applicant indicated that there is no county sewer system available at the
subject property. There is an existing individual wastewater system (septic tank system).
The applicant is proposing to install two (2) new septic systems to service the additions to
the subject property. In their August 3, 2018 memo, the State Department of Health
confinned that their Wastewater Branch is unable to make comments to the proposed
project until the applicant addresses the amount of proposed wastewater generated by the
project. The Planning Director recommends a condition that the individual wastewater
systems for this project meet the requirements of the State Department of Health.
According to the Department of Public Works Engineering Division, the subject
parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by
the Federal Emergency Management Agency (FEMA). Zone Xis an area determined to
be outside the 500-year flood plain. All development-generated runoff shall be disposed
of on site and not directed toward any adjacent properties. A drainage plan may be
-5
required by the Plan Approval process in accordance with Section 25-2-72(3) of the
Hawai'i County Code. All essential utilities, such as electricity, cable and telephone
services are available to the property. Police services are available in Puna and Hilo.
Fire and emergency services are available via temporary locations for the volunteer fire
station in Volcano Village and the Volcano Fire Station (Station 19).
A condition of approval is included to require that the applicant meet all
applicable County, State and Federal laws, rnles, regulations and requirements.
The subject request is not contrary to Chapter 205A, Hawai'i Revised
Statutes, relating to Coastal Zone Management Area. Regulated by the County, the
Special Management Area (SMA) is a part of the Federal Coastal Zone Management
Program. Outside of the SMA and tsunami inundation area, the subject prope1iy is
approximately 11.386-miles from the nearest coastline. The entire site has been
completely cleared and in urban use for several decades. According to the applicant, the
project will not detract from the scenic values of the area, and is not in any of the scenic
sites or areas listed in the General Plan. There are no notable mauka (mountain) or makai
(ocean) scenic views from the subject property. There is no record of a designated public
access to the shoreline or mountain areas that traverses the property. The Department of
Land and Natural Resources State Historic Preservation Division commented that the
proposed constrnction activities in the project area will result in ho historic properties
affected, provided that the approved 2014 Archaeological Monitoring Plan (AMP) is
adhered to. As such, there are no valued cultural or natural resources on the subject
property, and no evidence of any traditional and customary practiced native Hawaiian
rights occurring on the site. Thus, it is not anticipated that the proposed request will have
any adverse impact on public access, cultural, historical (provided that the applicant
adhere to the AMP) or scenic value resources in the area. The Planning Director
recommends including a condition to address historic resources.
Lastly, this approval is made with the understanding that the applicant remains
responsible for complying with all other applicable governmental requirements in
connection with the approved use, prior to its commencement or establishment upon the
subject property. Additional governmental requirements may include the issuance of
building pennits, the installation of approved wastewater disposal systems, compliance
with the Fire Code, installation of improvements required by the American with
Disabilities Act (ADA), compliance with DLNR-SHPD requirements, 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.
-6