HomeMy WebLinkAbout93_014cCounty of Hawai'i
PLANNING COMMISSION
Aupuni Center.101 Pauahi Street,Suite 3 •Hilo.Hawai'i 96720
Phone (808)961-8288 •Fax (808)961-8742
October 20,2008
Mr.Jeffrey Melrose
Island Planning
1405 Waianuenue Avenue
Hilo,HI 96720
Dear Mr.Melrose:
Use Permit (USE 120)
Applicant:Puna Congregational Christian Church
Request:Amendment to Use Permit No.120 -Condition Nos.4 (Time Extension),5 (Master
Plan,6 (Delete Second Driveway),12 (Allow Future Administration Time Extension)
Tax Map Key:1-6-3:95
The Planning Commission at its duly held public hearing on October 3,2008,voted to partially
approve the above-referenced request for an amendment to Use Permit No.120,which allowed
the development of a church and related uses on 4.9 acres of land within the Single Family
Residential-10,000 square feet (RS-I0)district.The amendment request is to delete certain
uses and activities which were previously granted,and to allow amendments to Condition Nos.4
(time extension -construction time requirement),5 (revision to original plans),6 (deletion of
second driveway access),and 12 (allow additional administrative time extensions).
The amendment request for Condition No.5 (revision to original plans)includes the removal of
the (1)hostel use,(2)parsonage residential use,(3)K-12 school use,and associated requirement
to install a second driveway access to the property;and (4)the minor relocation of structures
identified on the revised master plan.Several structures and uses,including a future sanctuary
structure,a future classroom/office for youth ministry and related uses,and future
recreational/multipurpose structure,were added to the revised master plan.Although the future
K-12 school use is deleted by this permit amendment,the applicant is allowed by this permit to
have educational uses and programs with up to 40 students on the entire premises at any time.
However,the request to amend Condition No.12 (allow add'f I dmi .rati e time
extensions)is denied.SeA ED
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Mr.Jeffrey Melrose
Page 2
The property is located along the southeast side of the Old Volcano Road,in close proximity to
the Keaau Town Center,Keaau,Puna,Hawaii.
The partial approval of this request is based on the following:
Use Permit No.120 was originally approved on January 20,1994,to allow the
establishment of a church with school,temporary hostel-type housings,residences and a
recreation center on 4.949 acres of land in the RS-l 0 zoned district.The project was
represented to be constructed in 6 phases within a fifteen-year period.
The applicant is requesting the deletion of the following uses from the Special Permit:
•Removal of the hostel use
•Removal of the parsonage residential use
•Remove of the K-12 School Use.
The applicant is submitting a revised master plan in which several structures are
relocated.The following is a summary of permitted uses under this amended Special
Permit:
•The existing structures and uses,including the multi-purpose building,
classroom building,pavilion and gazebo.
•Future 2-story sanctuary building
•Future classroom/office building for youth ministry and related uses
•Future recreational/multipurpose building
•Parking improvements.
The applicant has submitted a request to amend several conditions of Use Permit
No.120.These include:
•Condition No.4 (time to complete construction):The applicant is
requesting a 15-year time extension to complete construction of the
project.Several components of the project have been completed but more
time is needed to complete construction.
•Condition No.5 (revision to original plans):This condition required that
the project be completed in substantial compliance with the
representations made before the Planning Commission.The applicant has
submitted a request to delete certain uses and activities previously
represented and granted,which is addressed in the submittal of a revised
master plan for the project.
Mr.Jeffrey Melrose
Page 3
•Condition No.6 (requirement for second driveway access):As part of the
revised master plan,the applicant is removing the request to construct a
school for elementary to high school students.Condition No.6 required
that a second access be constructed prior to the issuance of a certificate of
occupancy for the school.As the school is no longer part of the project,
the applicant is requesting that Condition No.6 be revised to delete the
requirement of the second access.
•Condition No.12 (administrative time extension):The applicant is
requesting that Condition No.12 be amended to allow an administrative
time extension for Condition No.4.Currently,Condition No.12 does not
allow for an administrative time extension for Condition No.4.This will
allow the applicant to request an administrative time extension for an
additional 15 years to complete construction if the project is not completed
rather than having to return to the Planning Commission for an additional
time extension in 15 years.
The Planning Director is supportive of the amendment requests for the IS-year
time extension to complete construction (Condition No.4),to revise the master plan of
the project (Condition No.5),and to delete the requirement of the additional access since
the applicant no longer plans to construct the K-12 grade school on the property
(Condition No.6).
The Planning Director is not in favor of allowing an administrative time extension
for an additional 15 years (Condition No.12).If the project is not completed the IS-year
time period,the project should come back before the Planning Commission for review.
The majority of large projects that have been granted permits have a 5-year construction
time period with the allowance of an administrative time extension for an additional 5
years.If the project is not completed within the lO-year period,the applicant is required
to go before the Planning Commission for all other additional time extensions.This
project was originally granted a IS-year construction time period without the need to go
back before the Planning Commission during that time period.The Planning Director
understands that the means to secure financing for the construction of the church and
related improvements comes from the donations of its members and that this process does
take more time then commercial developments,but after 15 years the project should come
back before the Planning Commission for review of its status and its compliance with
conditions.
Granting of the amendment requests would not be contrary to the original reasons
for the granting of the permit.The approval of the amendment requests will not be
contrary to the original reasons for the granting of the permit.The use has not been
materially detrimental to the public welfare nor cause substantial,adverse impact to the
Mr.Jeffrey Melrose
Page 4
community's character or to surrounding properties.Since the approval of the Use
Permit,the Planning Department has not received any complaints regarding the operation
from surrounding properties.The use has not adversely affected similar or related exiting
uses within the surrounding area,community or region.Lastly,the continued operation
will not unreasonably burden public agencies to provide roads and streets,water,
drainage,an~police and fire protection.The amended requests will actually reduce the
overall project by deleting the K-12 grade school,the temporary hostel-type housings and
the parsonage residential use.
Approval of the requests would not be contrary to the General Plan or the Zoning
Code.The amendment requests would not be contrary to the General Plan or the Zoning
Code.The request would continue to be consistent with the Land Use Elements of the
General Plan.The granting of this request at this particular location will provide a
needed service to the growing community.Lastly,the applicant has previously received
approval of a Use Permit to allow a church with school,temporary hostel-type housings,
residences and a recreation center on 4.949 acres of land in the RS-lO zoned district for a
15-year time period,in compliance with the Zoning Code.
Based on the above,the amendment request for Condition No.12 of Use Permit No.120 is
denied,and the amendment request for Condition Nos.4,5,and 6 of Use Permit No.120 is
approved.
In summary,the following structures and uses are permitted under this amended Special Permit:
•The existing structures and uses,including the multi-purpose building,classroom
building,pavilion,and gazebo.
•Future 2-story sanctuary building.
•Future classroom/office building for youth ministry and related uses.
•Future recreational/multipurpose building.
•Parking improvements.
•Educational use up to only 40 students on the entire premises.
Use Permit No.120 is amended as follows:(new material is underscored and deleted material is
bracketed and struck through):
1.The applicant,successors or assigns shall comply with all of the stated conditions
of approval.
2.The applicant,its successors or assigns shall indemnify and hold the County of
Hawaii harmless from and against any loss,liability,claim or demand for the
property damage, personal injury and death arising out of any act or omission of
Mr.Jeffrey Melrose
Page 5
the applicant,its successors or assign,officers,employees,contractors and agents
under this permit or relating to or connected with the granting of this permit.
3.Final Plan Approval,pursuant to [SectiOR 25 242]Sections 25-2-71(0,25-2-72,
25-2-76 and 25-2-77 of the Zoning Code,for [each phase of]the church and its
relate~improvements shall be secured from the Planning Director.Plans shall
identify existing and proposed structures,fire protection measures,paved
driveways and paved parking stalls (asphalt or asphalt-concrete),and landscaping
associated with the proposed uses.Parking for all functions shall be maintained
on the subject property and comply with the requirements of Chapter 25 (Zoning
Code).Detailed landscaping plans shall include landscaping buffers along the
perimeter boundaries of the project site.Plans shall also indicate a 5-foot road
widening setback along the Volcano Road frontage of the subject property.
4.Construction of the proposed church complex shall be completed and all
certificates of occupancy issued within fifteen (15)years from the effective date of
this [Use Permit]amendment.
5.The applicant shall complete the proposed project in substantial compliance with
the representations made before the Planning Commission.Any proposed
changes contrary to this shall be submitted to the Planning Commission as an
amendment to this permit.
6.All driveway accesses shall meet with the approval of the Department of Public
Works.[A seCORd access sh&ll be cORstmcted prior to the issuance of a certificate
of OCCUP9RCY for tbe school or Phase IV of the proposed de'f'elopmeRt.]
7.The applicant shall provide fire protection standards meeting with the approval of
the Fire Department.
8.Should an improvement district or similar arrangement be initiated in the future
for curb,gutter,sidewalk,drainage and related improvements to the Old Volcano
Road,the property owner(s)shall participate automatically in such an
arrangement.Written assurance for implementation of this condition,in the form
of a deed covenant,shall be submitted to the Planning Director prior to the start of
construction for Phase I.
9.Should any unanticipated archaeological or cultural sites or features be uncovered
during land preparation activities,work with the affected area shall immediately
cease and the Planning Director notified.No work within the affected area shall
resume until clearance is obtained from the Planning Director.
Mr.Jeffrey Melrose
Page 6
10.[All other applicable laws,rules,regulatioBs £lad requiremeats shall be complied
with,iacludiag the DepartmeBl of Health,Departmeat of 'Vater Supply liRd
Departmeat of Pl:1blic Vlorks]The applicant shall comply with all applicable laws,
rules and regulations of the State,County and Federal agencies.
11.The applicant shall submit a status report,in writing to the Planning Director
every three (3)years from the effective date of this [permit]amendment.
12.[l\n extensiOB of time for the performance of cORditioas of the permit,with the
exceptioa of CORdition No.4,may be graated by the Planaing Director upoa the
foHo'NiRg circumstances:
1)the Ron perfoFl'ftaAce is the result of coaditioRs that could not haye beeR
foreseea or are beyoRd the control of the applicant,Sl:1ccessors,or assigns
aAd that are not the resl:1lt of their faalt or negligence.
2)grantiag of the time exteRsioa would not be contrary to the General Plan or
Zoniag Code.
3)grRatiRg of the time extensioR would aot be eoatrary to the original
reasons for the grantiag of the permit.
4)the time exteasioa graated shaH be for a period aot to exceed the period
origiaally graated for performance (i.e.,a cOBditioR to be perfofffied witma
ofle year may be cxtcflded for l:1p to one additioaal year).]If the applicant
should require an additional extension of time,the applicant shall submit
the request to the Planning Commission for appropriate action.
Further,should any of the conditions not be met or substantially complied with in
a timely fashion,the Director may initiate procedures to revoke the permit.
This approval does not,however,sanction the specific plans submitted with the request as they
may be subject to change given specific code and regulatory requirements of the affected
agencies.
.....
Mr.Jeffrey Melrose
Page 7
Should you have any questions,please contact Norman Hayashi of the Planning Department at
961-8288.
Sincerely,
Rodney W abe,Chairman
Planning Commission
Lpunacongregationaluse 120
cc:Puna Congregational Church
Department of Public Works
Department of Water Supply
County Real Property Tax Division
DOT-Highways,Honolulu