HomeMy WebLinkAbout18-078Joseph Clarkson, Chair Barry Kim Donald Ikeda, Vice Chair Mayor
Gilbert Aguinaldo
Donn Dela Cruz
Thomas Raffipiy
John Replogle
County of Hawai'i
WINDWARD PLANNING COMMISSION
Aupuni Center • IOI Pauahi Street, Suite 3 • Hilo, Hawai'i 96720
Phone (808) 961-8288 • Fax (808) 961-8742
DEC 6 ZD18
Mr. Zendo Kern
Planning Consultant
194 Wiwoole Street
Hilo, HI 96720
Dear Mr. Kern:
SUBJECT: Use Permit No. USE 18-000078
Applicant: Kurtistown Assembly of God Church \
Permitted Use: Allowed the Construction of an Outreach Center on 1.944 '
Acres of Land
Tax Map Key: 1-7-006:005
The Windward Planning Commission, at its duly held public hearing on November 7, 2018 voted
to approve the above-referenced request to allow the construction of a 3,040 square-foot
community outreach center and related improvements on a portion of 1,944 acres ofland situated
with the Single-Family Residential 20,000 square feet (RS-20) zoned district. The project site is
located on the mauka (northwest) side of Highway 11 directly across the Highway 11-Kuauli
Road Junction, Kurtistown, Hawai'i.
Approval of this pennit 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. Prior to the issuance of a water commitment by the Department ofWater Supply
(DWS), the applicant(s) shall submit the anticipated maximum daily water usage
calculations as prepared by a professional engineer licensed in the State of
Hawai'i to the DWS. A water commitment deposit shall be paid to the DWS
within 180 days from the effective date ofthis permit in accordance with Rule 5
ofthe Department of Water Supply's Rules and Regulations.
3. Construction of the proposed development, as substantially represented by the
applicant, shall be completed within five (5) years from the effective date ofthis
permit. Prior to construction, the applicant, successors or assigns shall secure
Hawai 'i County is an Equal Opportunity Provider and Employer
.DE<; -72018'
Mr. Zendo Kem
Planning Consultant
Page 2
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 proposed structure(s), paved driveway
access and parking stalls associated with the proposed development with the
appropriate yard setbacks. Landscaping shall be indicated on the plans for the
purpose of mitigating any adverse noise or visual impacts to adjacent prope1iies in
accordance with the requirements of Planning Department's Rule No. 17
(Landscaping Requirements) and Chapter 25 (Zoning Code), Hawai'i County
Code. To further mitigate visual impacts along Highway 11, the applicant shall
maintain a 50-foot buffer between the subject property's frontage along
Highway 11 and the proposed parking lot.
4. Overnight accommodations are prohibited on the subject property. Ifthe applicant
proposes overnight accommodations for the outreach center or property, an
amendment to the Use Pennit will be required.
5. Access to the property from Highway 11 shall meet with the approval of the State
of Hawai'i Department ofTransportation (HDOT). Siting of any vehicular
easement between the subject parcel and TMK 1-7-006:031 shall require
consultation with HDOT and shall be included in plans submitted to the Planning
Department for Plan Approval review. All parking shall be provided onsite and
the applicant shall ensure that vehicles do not park along Highway 11 (Volcano
Highway).
6. The method of sewage disposal shall meet with the requirements of the
Department of Health.
7. All development-generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties.
8. All earthwork and grading activity shall confonn to Chapter 10, Erosion and
Sediment Control of the Hawai 'i County Code.
9. In the unlikely event that subsurface historic resources, including human skeletal
remains, structural remains, cultural deposits, sand deposits, or sink holes are
identified during the demolition and/or construction work, cease work in the
immediate vicinity ofthe find, protect the find from additional disturbance and
contact the State Historic Preservation Division at (808) 933-7651.
Mr. Zendo Kem
Planning Consultant
Page 3
10. The applicant shall comply with all applicable County, State and Federal laws,
mles, regulations and requirements.
11. An initial extension of time for the perfonnance of conditions within the pennit
may ~e granted by the Planning Director upon the following circumstances:
A. The non-perfonnance 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 pennit.
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 perfonned 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 Pennit.
This approval does not, however, sanction the specific plans submitted with the application as
they n_iay be subject to change given specific code and regulatory requirements ofthe affected
agencies
Approval of this permit is based on the reasons given in the attached Findings Report.
Should you have any questions, please contact Christian Kay of the Planning Department at
961-8136.
LKurtistownassemblyofgodchurch USE l 8-078wpc
Enclosure: PC Findings Report
Mr. Zenda Kem
Planning Consultant
Page4
cc w/enclosures: Friends of the Volcano School ofArts and Sciences
Department of Public Works
Department of Water Supply
County Real Property Tax Division -Hilo
Department of Land & Natural Resources -HPD
DOT-Highways, Honolulu
Department of Health
GIS Section
COUNTY OF HAWAl'I
PLANNING COMMISSION FINDINGS
KURTISTO\tVN ASSEMBLY OF GOD CHURCH
USE PERMIT APPLICATION NO. 18-000078 (USE 18-000078)
Based on the following findings, Use Permit No. 18-078 is hereby issued to allow the
construction of a 3,040 square-foot outreach center on 1.944 acres of land within the Single
Family Residential (RS-20) zoned district. The properiy is northeast and adjacent to the site of
the Kmiistown Assembly of Goel Church, which is located on the mauka (northwest) side of
Highway 11 directly across the Highway 11-Kuauli Road Junction, Kurtistown, Puna, Hawai 'i,
TMK: 1 7 006: portion of 005.
The applicant, Kmiistown Assembly of Goel Church, is requesting a Use Pennit to
allow the constmction of a 3,040 square-foot outreach center on the subject property to
offer the following community outreach functions: hot dinners, food package distribution,
showers, laundry, tutoring, job training and finding. The proposed outreach center
building will offer the following:
• men's and women's bathrooms;
• laundry room;
• storage room;
• two (2) meeting rooms;
• a certified kitchen; and
• a meeting area.
In addition, the applicant will provide 41 paved parking spaces including one (1)
ADA parking stall to meet the County Code parking requirements.
The existing Kurtistown Assembly of God Church is located adjacent and to the
southwest of the subject and has been in operation as a church since 1956. The existing
church facility lacks the space and improvements necessary to offer the needed
community services that are outlined above. The proposed outreach center will provide
those services to up to 80 people during the proposed business hours below. While the
proposed outreach center is considered auxiliary to the existing church use, religious
services will not be offered at the outreach center.
The proposed hours of operation for the outreach center are seven (7) days a week
from 8:00 a.m. to 8:00 p.m. While the applicant does not anticipate the outreach center
being open during the entirety of the proposed hours of operation, the requested
timeframe will allow the applicant greater flexibility to schedule their outreach programs
in a way that will to maximize their effectiveness. According to the applicant, clergy,
church members and other volunteers will staff the outreach center programs.
In considering a Use Permit for any proposed use, Rule 7 of the Planning
Commission relating to Use Permits requires that such action confonn 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;
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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 use meets the guidelines for approval of a Use Pem1it, for the
reasons outlined below:
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. The Use Pennit process provides an avenue to review and analyze a
proposed project on a case-by-case basis relative to infrastructure and impacts on
smTounding propetiies and existing uses, as well as consistency with the goals and
polices of the General Plan and applicable Community Development Plan (CDP).
According to the Zoning Code, Single Family Residential districts, "provide for
lower or low and medium density residential use, for urban and suburban family life. It
applies to areas having facilities, and to carry out the above stated purpose." The
proposed outreach center is considered auxiliary and accessory to the Kurtistown
Assembly of God Church on the adjacent property to the west. Within the Zoning Code,
buildings and uses normally considered directly accessory to the uses pennitted in this
section shall also be pennitted in the RS district. The existing Kurtistown Assembly of
God Church has been in operation as a legal, non-confonning church use since 1956. As
churches can be pennitted within a Single-Family Residential zoned district if a Use
Pennit is approved by the Planning Commission, the Director felt it prndent that a Use
Pennit be obtained for the proposed outreach center use to allow for further review and
analysis of its impacts on infrastrncture, surrounding properties and goals and policies of
the General Plan and the Puna CDP.
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan is a representation of the document's goals and policies to guide the coordinated
growth and development of the County. It reflects a graphic depiction of the physical
relationship among the various land uses. The LUPAG Map establishes the basic urban
and non-urban fonn for areas within the County. The General Plan designation for this
property is Urban Expansion, which allows for a mix of high density, medium density,
low density, industrial, industrial-commercial and/or open designations in areas where
new settlements may be desirable, but where the specific settlement pattern and mix of
uses have not yet been detcnnined. The request complements and is consistent with the
Land Use and Economic elements of the General Plan and is consistent with Puna CDP
goals and policies related to quality of life, social services and community facilities.
Based on the preceding, the request is consistent with the general purpose of the zoned
district, the intent and purpose ofthe Zoning Code, the County General Plan and the Puna
CDP.
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 subject property is adjacent and to the northeast of
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the Kurtistown Assembly of God Church. Surrounding properties are zoned RS-20, A-Sa
and A-lOa. The surrounding area is characterized by a mix of single-family residences,
agricultural uses and vacant land. The nearest dwelling is located approximately 220 feet
to the southwest of the subject property. The adjacent properties to the west and
northwest are in agricultural uses and the adjacent prope1iy to the northeast is vacant.
The Kurtistown Assembly of God Church has been located on the adjacent parcel
for since 1956. Some of the existing outreach services (e.g. soup kitchen and food
distribution/hot breakfast) will shift from the church property to the outreach center,
therefore the proposed use will be in alignment with what the community is already
accustomed to in this area. The applicant is requesting hours of operation seven (7) days a
week from 8:00 a.m. to 8:00 p.m., to allow greater flexibility to schedule their outreach
programs in a way that will to maximize their effectiveness. The outreach center will
only be open during scheduled service times. While the applicant has not proposed
overnight accommodations as part of this request, a condition of approval will prohibit
overnight accommodations and will require an amendment to the Use Pennit if overnight
accommodations are proposed in the future.
Traffic to the subject parcel will increase, but only during scheduled outreach
service times. The applicant will provide 41 parking spaces, including one (1) ADA
parking stall to on-site. To retain the mral character of the area and mitigate visual
impacts to the surrounding properties, the Director is recommending a condition
requiring a 50-foot buffer between the road and the parking lot along the subject parcel's
Highway 11 frontage, in addition to landscaping required as part of the Plan Approval
process.
Based on the preceding, the proposed outreach center will not be materially
detrimental to the public welfare nor cause substantial, adverse impact to the
community's character or to surrounding properties and will provide needed services to
benefit the surrounding community.
The granting of the proposed use will not unreasonably burden public
agencies to provide roads and streets, sewer, water, drainage, school improvements,
police and fire protection and other related infrastructure.
Access to the project site is from Volcano Highway (Highway 11), which is a
State owned and maintained roadway with an approximate 32-foot pavement with paved
shoulders within an 80-foot wide right-of-way. The applicant is also requesting a
secondary access via an easement, situated in close proximity to the highway, from the
Kurtistown Assembly of God Church property adjacent to the west of the subject parcel
(TMK: 1-7-006:031). As the subject property is accessed off a State Highway, the
applicant will be responsible for meeting the access requirements of the State Department
ofTransportation prior to operation of the outreach center.
County water can currently be made available from an existing 6-inch waterline
within Volcano Road fronting the subject property. DWS also confirmed that the
waterline is adequate to provide the required 2,000 gallons per minute flow for fire
protection. As conditions of approval of this permit, the applicant will be responsible for
submitting anticipated maximum daily water usage calculations for the proposed project
so that DWS can determine the appropriate service lateral and water meter size
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requirement. Moreover, the applicant will be required to install a redi1ced pressure type
backflow prevention assembly and any additional improvements within the road right-of
way that may be required by other agencies.
There is no County sewer service available to the subject property, therefore the
applicant will be required to install an individual wastewater system meeting with the
approval of the State Department of Health as a condition of approval.
The property is situated within an area designated as Flood Zone X, an area
detennined to be outside the 500-year flood plain. Electricity, telephone, police, fire, and
medical services are available to the prope1iy. A condition of approval is included to
require that the applicant meet all applicable County, State and Federal laws, rules,
regulations and requirements.
The proposed request will not have a significant adverse impact to
traditional and customary Hawaiian Rights. In view of the Hawai 'i State Supreme
Court's "PASH" and "Ka Pa 'akai 0 Ka 'Aina" decisions, the issue relative to native
Hawaiian gathering and fishing rights must be addressed in tenns of the cultural,
historical, and natural resources and the associated traditional and customary practices of
the site.
Investigation of valued resources: No archaeological assessment /inventory
survey or flora/fauna study was conducted for the property
The valuable cultural, historical, and natural resources found in the project area:
The likelihood of any rare or endangered species, habitat of flora or fauna or any
archaeological features is remote on the property based on land alteration from the prior
use of the subject property for agricultural purposes. The Department of Land and
Natural Resources -State Historic Preservation Division has issued a "no-effect" letter
dated September 12, 2018 stating that DLNR-SHPD has detennined that no historic
properties will be affected by this project because previous agricultural use has altered
the land.
Possible adverse effect or impainnent of valued resources: There are no known
historical or cultural resources on the subject property.
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.
Lastly, this recommendation is made with the understanding that the applicant
remains responsible for complying with all other applicable governmental requirements
in connection with the proposed use, prior to its commencement or establishment upon
the subject property. 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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