HomeMy WebLinkAbout96_003Stephen K. Yamashiro
Mayor
CERTIFIED MAIL
Z 095 323 801
PEE; i 3 1997
Gaunt of itfuail
PLANNING COMMISSION
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720.4252
(808) 961.8288 Fax (808) 961.9615
Mr. Herb K. Kane
Abigail K. K. Kawananakoa Foundation
P.O. Box 163
Captain Cook, HI 96704
Dear Mr. Kane:
Special Management Area Use Permit Application (SMA 96-4)
Use Permit Application (USE 96-3)
Applicant: Abigail K. K. Kawananakoa Foundation
Request: Construction of a Santuary - Kekaha O 'Iolani Luahine
Tax Man Key: 8-2-06.08
The Planning Commission at its duly held public hearing on February 6, 1997, voted to
approve the above -referenced applications. Special Management Area Use (SMA) Permit
No. 372 and Use Permit No. 152 are hereby issued to allow the construction of a
Sanctuary - Kekaha O 'Iolani Luahine and related improvements on 2.06 acres of land situated
within the County's Single Family Residential (RS -15) zoned district. The property is located
along the makai side of Pu'uhonua Road approximately 600 feet mauka of the County
Napoopoo Park at Kealalekua Bay, South Kona, Hawaii.
Approval of the Special Management Area (SMA) request is based on the following:
The purpose of Chapter 205A, Hawaii Revised Statutes (HRS) and Special
Management Area Rules and Regulations of the County of Hawaii is to preserve,
protect and, where possible, to restore the natural resources of the coastal zone areas.
Therefore, special controls on development within an area along the shoreline are
necessary to avoid permanent loss of valuable resources and the foreclosure of
management options.
The development will not have any significant adverse environmental or
ecological effect, except as such adverse effect is minimized to the extent practicable
and clearly outweighed by public health, safety or compelling public interest. Such
adverse effect shall include, but not be limited to, the potential cumulative impact of
individual developments, each one of which taken in itself might not have a substantial
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Mr. Herb K. Kane
Abigail K. K. Kawananakoa Foundation
Page 2
adverse effect and elimination of planning options. The proposed development will
consist of a two-story building with a gross floor area of 2,406 square feet. The upper
floor area will consist of an area for display, lectures, dance instruction and gatherings,
including a library/study and a kitchen. On the ground level, there will be men and
women dressing areas, shower and toilet facilities, as well as rooms for storage and a
janitor closet. There will be twelve (12) parking spaces of which two are handicap
stalls, •and the building will be handicap accessible. The proposed development is
located approximately 250 feet from the shoreline and is not adjacent to the shoreline;
therefore, public access will not be affected. The proposed structure will be designed
to be sensitive to the historic appearance of the original residence and period of design
and approximately 29 feet high. Therefore, there would be no adverse impact to
recreational and visual resources, access to and along the shoreline nor coastal
ecosystems. The property was cleared and used as a residence in the past and is
presently vacant. Current vegetation on the property is dominated by non-native
plants. There are no known rare or endangered plant life or animal species on the
property or in its immediate vicinity. The proposed development is not expected to
impact the immediate adjacent properties as the subject property is surrounded by
single family dwellings to the north, east and south. In regards to traffic, it is not
anticipated that traffic generated from the cultural facility will have a substantial
adverse impact on visual view planes within the coastal zone. As such, no substantial
adverse ecological effects to the physical environment within the immediate area is
anticipated to be generated by the proposed project.
The proposed development is consistent with the objectives and policies as
provided by Chapter 205A, HRS, and Special Management Area guidelines contained
in Rule No. 9 of the Planning Commission Rules of Practice and Procedure.
Wastewater generated from the proposed development should be treated and disposed
of in accordance with the regulations of the State Department of Health. Any potential
runoff or discharge which could reach ocean waters can be handled by on-site
improvements. Any impacts from soil erosion and runoff during site preparation and
construction phases can be adequately mitigated through compliance with existing
regulations. With these precautionary measures in place, the proposed development is
not anticipated to have any substantial adverse effects on the coastal resources or
environment.
The site is within the Kealakekua Bay Archaeological and Historical District,
Hawaii Register of Historic Places Number 10-47-7000, and listed on the National
Register of Historical Places in 1974. An archaeological inventory was prepared by
Scientific Consultant Service in March 1995 and submitted to the State Historic
Preservation Division for their review. The State Historic Preservation Division
approved the archaeological Preservation Plan by letters dated July 19,
1996 - Exhibit B and August 2, 1996 - Exhibit C. The establishment of buffer zones,
interim protection measures and remaining archaeological implementation of the
Preservation Plan still needs to be completed. Therefore, a condition of approval will
be included stating that the applicant fully implement the approved historic preservation
plan prior to securing of any land alteration permits for the proposed development.
The implementation of this mitigation plan will satisfy the SMA objective to "Protect,
preserve and where desirable restore significant historic and cultural resources."
Mr. Herb K. Kane
Abigail K. K. Kawananakoa Foundation
Page 3
The proposed development is consistent with the County General Plan and
Zoning Code. The proposed project does conform to the General Plan Land Use
Pattern Allocation Guide (LUPAG) Map, which designates this area for Low Density
Residential. Such a designation is defined in the General Plan as "single family
residential" in character, ancillary community and public uses, and convenience type
commercial uses. Mindful of the type of service the applicant will provide to the
residents of West Hawaii, the proposed use will compliment 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.
* The County shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
Historic Sites.
Protect and enhance the sites, buildings and objects of significant historical and
cultural importance to Hawaii
The County of Hawaii shall encourage the restoration of significant sites on
private lands.
The County shall also aid in the development of a program of public education
concerning historic sites.
Based on the above findings, it is determined that the proposed development will not
have any substantial adverse impacts on the surrounding area, nor will its approval be contrary
to the objectives and policies of Chapter 205A, HRS, relating to Coastal Zone Management
and Rule No. 9 of the Planning Commission relating to the Special Management Area.
Approval of the Special Management Area (SMA) request 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, 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 or 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 the
permit.
3. The applicant, its successors or assigns shall be responsible for complying with
all conditions of the Use Permit.
Mr. Herb K. Kane
Abigail K. K. Kawananakoa Foundation
Page 4
4. The Abigail Kawananakoa Foundation shall allow Fern Pule, Harriet Dooley
and their respective natural siblings and issue access to the property described
as TMK: 8-2-6:08 for the purposes of practicing the traditional Hawaiian
cultural values of worship and gathering of medicinal herbs. This access shall
be allowed at least weekly and shall be by appointment with the Foundation and
shall not be unreasonably denied. The Foundation may limit or restrict the
access during periods of construction and landscaping for purposes of safety.
5. Any drainage improvements shall be constructed in a manner meeting with the
approval of the Department of Public Works and prior to the issuance of a
certificate of occupancy.
6. Wastewater generated by the proposed development shall be disposed of in a
manner meeting with the approval of the Department of Health or Department
of Public Works, whichever is applicable.
7. The Preservation Plan approved by the State Department of Land and Natural
Resources -Historic Preservation Division which consists of proposed buffers,
maintenance commitments and interim protection measures shall be
implemented and completed prior to the submittal of plans for Final Plan
Approval review or prior to the issuance of any land alteration permits.
8. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials, be encountered, work in the
immediate area shall cease and the Department of Land and Natural
Resources -Historic Preservation Division (DLNR-HPD) shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
the DLNR-HPD when it finds that sufficient mitigative measures have been
taken.
An initial 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.
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 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).
Mr. Herb K. Kane
Abigail K. K. Kawananakoa Foundation
Page 5
Should any of the foregoing conditions not be met or substantially complied with
in a timely fashion, the Planning Director shall initiate procedures to revoke the
Special Management Area Major Use Permit.
Approval of the Use Permit request is based upon the following:
In considering a Use Permit for any proposed use, Rule 7 of the Planning
Commission relating to a Use Permit require that such action conforms to the following
guidelines:
(A) The granting of the proposed use will be consistent with the general purpose of
the zoned district, the intent and purpose of the Zoning Code and the County
General Plan.
A 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
surrounding properties.
(C) The granting of the proposed use will not adversely affect similar or related
existing uses within the surrounding area, community or region.
(D) The granting of 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.
The proposed use will 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 Hawaiian cultural facility on a parcel located within the State Land
Use Urban District and the County's Single Family Residential (RS -15) zoned district
may be permitted through the Use Permit review process. The Use Permit process
provides an avenue to review and analyze a proposed project on a case-by-case basis
relative to infrastructure and impacts on surrounding properties and existing uses as
well as the General Plan goals and policies. 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 proposed
cultural facility will be approximately 2,406 square feet in size and handicap
accessible. The minimum off-street parking requirement is one stall for each two
hundred square feet of gross floor area. The applicant proposes to provide twelve (12)
off-street parking stalls, of which two are handicapped stall. The subject property is
designated as "Low Density" on the General Plan Land Use Pattern Allocation Guide
(LUPAG) Map. Such a designation is defined in the General Plan as "single family
residential" in character, ancillary community and public uses, and convenience type
commercial uses. The proposed use will complement the following goals, policies and
standards of the General Plan.
Land Use Elements:
Mr. Herb K. Kane
Abigail K. K. Kawananakoa Foundation
Page 6
* Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural and physical environments of the County.
The County shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
Historic Sites:
Protect and enhance the sites, buildings and objects of significant historical and
cultural importance to Hawaii
The County of Hawaii shall encourage the restoration of significant sites on
private lands.
The County shall also aid in the development of a program of public education
concerning historic sites.
Due to the already existing use and improvements on the subject property and
the surrounding areas, it is not anticipated that endangered or threatened candidate
species of flora or fauna are located within the project site, nor has the project site been
identified as a significant botanical or biological habitat. The site is within the
Kealakekua Bay Archaeological and Historical District, Hawaii Register of Historic
Places Number 10-47-7000, and listed on the National Register of Historical Places in
1974. An archaeological inventory was prepared by Scientific Consultant Service in
March 1995 and submitted to the State Historic Preservation Division for their review.
A Preservation Plan has been reviewed and approved by the Department of Land and
Natural Resources, Historic Preservation Division. The establishment of buffer zones,
interim protection measures and implementation of the approved Preservation Plan still
needs to be completed. Applicable requirements, will be included as conditions with
the Special Management Area Use Permit. The project site is located within an area
adequately served with essential services and facilities such as water, transportation
systems and other utilities.
The desired use will not be materially detrimental to the public welfare nor
cause substantial adverse impact to the community's character or surrounding
properties. The facility will not detract from the present character of the area. The
design of the facility will be sensitive to the historic appearance of the original
residence and period of design. The same type of building materials will be used:
metal roofing, wood (board and batten) walls, wood posts and wood railings. It is not
anticipated that noise and traffic associated with the proposed use will adversely impact
surrounding properties. Due to the developed nature of the subject property and the
immediate surrounding areas, it is not anticipated that endangered or threatened
candidate species of flora or fauna are located within the project site, nor has the area
been identified as a significant botanical or biological habitat.
The proposed use will not adversely affect similar or related existing uses
within the surrounding area, community or region. Through the use permit process,
potential impacts to the built environment and its infrastructure can be evaluated on a
Mr. Herb K. Kane
Abigail K. K. Kawananakoa Foundation
Page 7
case-by-case basis. In this case, the proposed low profile facility will be compatible
with the existing single family residences.
The desired 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. The project site is located within an area adequately
served with essential services and facilities such as water, transportation systems, and
other utilities. However, the parcel is served by a substandard one lane roadway with
a pavement width of approximately 10 feet. Therefore, a condition of approval will be
included stating that a Traffic Analysis Report should be performed to determine
anticipated traffic levels and enable proper design of roadways.
Approval of the Use Permit request 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, 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 or 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 the
permit.
3. The applicant, its successors or assigns shall be responsible for complying with
all conditions of the Special Management Area Use Permit.
4. The Abigail Kawananakoa Foundation shall allow Fern Pule, Harriet Dooley
and their respective natural siblings and issue access to the property described
as TMK: 8-2-6:08 for the purposes of practicing the traditional Hawaiian
cultural values of worship and gathering of medicinal herbs. This access shall
be allowed at least weekly and shall be by appointment with the Foundation and
shall not be unreasonably denied. The Foundation may limit or restrict the
access during periods of construction and landscaping for purposes of safety.
5. Construction of the proposed development shall be completed within five (5)
years from the effective date of this permit. Prior to the start of construction,
Final Plan Approval for the proposed improvements shall be secured from the
Planning Department in accordance with Chapter 25-243 of the Zoning Code.
Plans shall identify the proposed structures, vehicular traffic, paved driveway
access and parking stalls associated with the proposed use. Landscaping shall
also be indicated on the plans and be provided for the purpose of mitigating any
adverse noise or visual impacts to adjacent properties.
6. Access, roadway and any drainage improvements shall be constructed in a manner
meeting with the approval of the Department of Public Works and prior to the
issuance of a certificate of occupancy.
Mr. Herb K. Kane
Abigail K. K. Kawananakoa Foundation
Page 8
7. An initial 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.
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 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 Planning Director shall initiate procedures to revoke the Use 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,
A . Pv�' 61i,
Kevin M. Balog, Chairman
Planning Commission
AK:syw
LKawanNTC
cc: Department of Public Works
Department of Water Supply
County Real Property Tax Division
West Hawaii Office
Office of State Planning, CZM Program (w/Background)
Department of Land and Natural Resources
Abigail K. K. Kawananakoa Foundation
Mr. James R. Beimbom
Ms. Fern Pule
Ms. Harriet Dooley