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HomeMy WebLinkAbout88_006"P W—TIFIED MAIL October 21, 1988 Mr. William Barchet P. 0. Box 561 Holualoar HT 96725 Dear Mr. Darchet: Use parTit Application ADnlicnnt: Pali Uli school Tax Malp Keyn 7 --- 9 - 1 1:12 The Planninq Commission at its duly held public heariDq ori, octoher it, 1988, 70ted to a0prove your application, Use Permit No. 63, to allow the establishment of a school (K-2) within the. Neiqhhorhood Commercial (CN) zoned district at Honuaino 4th, North Nona, Hawaii, Approval of this request is baaed on the followinq.- The granting of the proposed use will be consistent witri the qeneral purpose of the zoned district, the intent and Purpose Of the owning Code and the County General Plan. Tne esta0lishment of a sc%ol grades K-2 within the NeignborhoV Commercial zoned district may be permitted through the granting of a use permit. line of the goa1b in the iand Ur,4. Element of the Goneral Plan is to 'Dosiqnata ard allocate land uses in appropriate proportions and in keeping with the social, cultural, and physical envirourants of the County.,' A nrivate school within this area woul6 offer a viable educational alternative to the residents of the Kona area. The proposed site is conveniently servioed by all essential, utilities and services and no additional structures will be needed to accommodate the school. Thus, the granting of this request would be in the direction of fulfilling the land use policy of the General Plan which is to promote and encourage the utilization of urban areas which are serviced by basic community facilities and utilities. The proposed school will not be materially detrimental to the public welfare nor cause substantial adverse impact to UZI 2 1 AS6 Mr. William Barchet October 21, 1933 Page 2 the community®s character or to surrounding properties. with the exception of surrounding vacant lands, the character of the area is urban in nature. Commercial shops and offices are located across (mauka) the Highway. Shojin Natural Foods and the Hawaii Preparatory Academy -Kona Extension are within the general vicinity of the project site. Although not legally established, the Kona Kiddie College had previously used the complex. Minimal site work will be required to provide for the estaolishment of the school. This approval is conditioned upon the applicant conforming to current Uniform Buildinq and Fire Codes and the requirements of the Department of Health. The granting of the proposed use will not adversely affect similar or related existing uses within the surrounding area, community or region. One other private school (HPA) is in this area. The proposal is not expected to be detrimental to existing school facilities. In this regards, the Department of Education had no comments to make on the application. The granting of the proposed use will not unreasonably burden public agencies to provide roads and streets, sewer, water, drainage, schools, police and fire protection and, other related infrastructure. The property is provided with all essential utilities and services. Since the subject property is on the main Highwa7, any increase in this area is expected to be quite negligible except during brief periods before and after work shifts. This section of mamalahoa Highway has a 50 -foot wide right-of-way. It should be noted that no objections were raised by any of the cooperating agencies. Approval of this request is subject to the following conditions! 1. The petitioner shall comply with all of the stated conditions of approval. 2. The petitioner shall submit the required water commitment deposit to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety days from the date of approval of this permit. The permit shall become effective after the water commitment payment has been accepted by the Department of Water Supply. Mr. William Barchet October 21, 1988 Page 3 3. 4. 5. C. 7. Final Plan Approval shall be secured from the Planning Department within one year from the effective date of this permit. To assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning Code), plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured. Plans shall identify classrooms, office space and parking stalls. Parking shall comply with the requirements of Chapter 25 (Zoning Code). No parking variance from the Code shall be applied for or granted. Construction shall commence within one year from the date of receipt of Final Plan Approval and be completed within two years thereafter. Buildings shall conform to current Building and Fire Codes for occupanc7 type. Comply with all other applicable laws, rules, regulations and reauiremenrs, including those of the State Department of Health and the Department of Public Works. An annual progress report shall be submitted', to the Planninq Director prior to the anniversary date of the approval of the permit. The resort shall include, but not be limited to, the status oi the development and to what extent the conditions of approval are being Ip complied with. This condition shall remain in effect until all of the conditions of approval have been complied and the Planning Director acknowledges that further reports are not required. 8. An 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; 0) 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; and d) the time extension granted she].l be for a period not to exceed the period originally granted for perfortiance (i.e., a condition to be Mr. William, Barchet October 21, 1988 Page 4 performed within one tear may be extended for up to one additional year). Fu'r'ther, should any of the conditions not be :net or substantially complied with in a timely fashion, the Director may initiate procedures to nullify the permit. Please feel free to contact the Planning Department if there are any questions on this matter. Sincerely, -Y Thomas A. Krieger Chairman, Planning Cormaission XC: Department of Public Works Department of Mater Supply County Real Property Tax Division Planning Office - zona bcc: Plan Approval Section n