HomeMy WebLinkAbout96_0024,v
Stephen K Yamashiro
Mayor
CERTIFIED MAIL
Z 095 323 589
May 31, 1996
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PLANNING COMMISSION
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-9252
(808) 961-8288 • Fax (808) 961-9615
Jeffrey Melrose, Senior Planner
Hawaii Island Region
Kamehameha Schools Bernice Pauahi Bishop Estate
101 Aupuni Street, Suite 227
Hilo, HI 96720
Dear Mr. Melrose:
Use Permit Application (USE 96-2)
Applicant: Kamehameha Schools Bishop Estate
Request: Preschool Classroom and Related Uses
Tax Map Key: 4-3-1:Portion of 3
The Planning Commission at its duly held public hearing on May 22, 1996, voted to approve the
above application. Use Permit No. 144 is hereby issued to allow the establishment of a preschool
within an existing building and related uses. The property is located on the mauka side of
Mamalahoa Highway, to the west and in the vicinity of Pa'auilo Post Office at Pa'auilo, Hamakua,
Hawaii.
Approval of this request is based on the following:
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:
(A) The proposed use will still be consistent with the general purpose of the zoned
district, the intent and purpose of this chapter, and the County General Plan;
(B) The proposed use will not be materially detrimental to the public welfare nor
cause substantial, adverse impact to the community's character or to
surrounding properties;
(C) The proposed use will not adversely affect similar or related existing uses
within the surrounding area, community or region; and
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�jAy 3 1 1996
Jeffrey Melrose, Senior Planner
Hawaii Island Region
Kamehameha Schools Bernice Pauahi Bishop Estate
Page 2
May 31, 1996
(D) 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 proposed preschool and related improvements will still be consistent with the
general purpose of the zoned district, the intent and purpose of the Zoning Code and the
County General Plan. The establishment of a preschool and related improvements by
Kamehameha Schools Bishop Estate (KSBE) in the County's Village Commercial -10,000
square foot (CV -10) zoned district and the State Land Use Urban District may be allowed
through the granting of a Use Permit. The General Plan designates the area for Medium
Density Urban which allows for village and neighborhood commercial and residential and
related functions (3 -story commercial; residential - up to 35 units per acre). Immediate areas
along the Mamalahoa Highway are designated Medium Density Urban which is also
surrounded by Low Density Urban development. Thus, the proposed preschool use will be
consistent with the area which would allow for a range of uses that are compatible with
existing uses. The proposed development will complement the following goals and policies
of the General Plan:
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 and rural areas
which are serviced by basic community facilities and utilities.
The county shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
The granting of the proposed use will not be materially detrimental to the public
welfare nor cause substantial, adverse impact to the community's character or to surrounding
properties. The proposed preschool will be located in a portion of the Old Pa'auilo Sugar
Company Manager's House. The structure is located on the northwestern portion of the
subject property on a slight hill and surrounded by a large landscaped and grassed lawn. The
house was previously used as administrative offices for the Hamakua Sugar Company until
their bankruptcy in 1992 and subsequent purchase by KSBE in 1994. The Manager's House
is presently being used by a security company. The character of the immediate community is
presently residential and commercial with surrounding agricultural lands. The proposed
preschool is expected to fit well into the community environment and not expected to cause
substantial adverse impact to the community's character or to surrounding properties.
The granting of the proposed use will not adversely affect similar or related existing
uses within the surrounding area, community or region. KSBE does not have another
preschool site in the area. For the last ten years, KSBE has undertaken efforts to develop
and expand preschool opportunities island wide for four-year old Hawaiian children. The
establishment of the preschool will enhance opportunities for Hawaiian children to participate
Jeffrey Melrose, Senior Planner
Hawaii Island Region
Kamehameha Schools Bernice Pauahi Bishop Estate
Page 3
May 31, 1996
in a quality early -education program which is financed, in large part, by Bernice Pauahi
Bishop's estate. As such, the proposed preschool and related improvements is not anticipated
to adversely affect similar uses within the surrounding community or region.
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. Access to the preschool would be from the Mamalahoa Highway
onto a driveway that services Earl's Snack Shop and the Pa'auilo Post Office. A private
10 -foot wide separate entry drive extends for about 500 feet to the Manager's House. The
existing entry driveway is paved and, according to the applicant, will be maintained. The
applicant also proposes to construct three pull -off areas along the driveway to accommodate
two-way traffic. A condition is being included for these improvements as well as to require
that all driveways and parking areas be paved with chipseal, asphalt or asphalt -concrete. All
other services and utilities are or shall be made available to the subject property. In addition,
agencies had no objections to the proposed preschool and related improvements.
Approval of this request is subject to the following conditions:
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 the
applicant, its successors or assigns, officers, employees, contractors and agents under
this permit or relating to or connected with the granting of this permit.
The preschool and related improvements shall be established within three (3) years
from the effective date of this Use Permit. Prior to the establishment of the
preschool, Final Plan Approval, pursuant to Section 25-242 of the Zoning Code, shall
be secured from the Planning Director. Plans shall identify existing and proposed
structures and playground areas, fire protection measures, paved driveways and paved
parking stalls (chipseal, asphalt or asphalt -concrete), pull-outs along the driveway and
landscaping associated with the proposed uses.
The preschool shall be limited to twenty (20) children.
5. Comply with applicable laws, rules, regulations and requirements of other affected
agencies for approval of the project.
6. The applicant shall submit a final status report, in writing to the Planning Director,
upon compliance with all conditions of approval and prior to the opening of the
preschool operations.
An extension of time for the performance of conditions of the permit may be granted
by the Planning Director upon the following circumstances:
Jeffrey Melrose, Senior Planner
Hawaii Island Region
Kamehameha Schools Bernice Pauahi Bishop Estate
Page 4
May 31, 1996
A. 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
the Zoning Code.
C. Granting of the 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 may be extended for up to one additional year).
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 application as they
may be subject to change given specific code and regulatory requirements of the affected agencies.
Should you have any questions, please feel free to contact Alice Kawaha or Susan Gagorik of the
Planning Department at 961-8288.
Sincerely,
Kevin M. Balog, lrman
Planning Commission
AK: syw
LKamehOLPC
cc: Honorable Stephen K. Yamashiro, Mayor
Department of Public Works
Department of Water Supply
County Real Property Tax Division