HomeMy WebLinkAbout96_007Stephen R. Yamashko
Mayor
CERTIFIED MAIL
Z 095 323 469
September 6, 1996
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PLANNING COMMISSION
15 Aupuni Street, Room 109 • Hilo, Hawaii 96720.4251
(808) 961.8288 Fax (808) 961.9615
Jeffrey M. 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 96-7)
Applicant: Kamehameha Schools Bishop Estate
Request: Establishment of a Preschool at Pu'ula Church
Tax Map Kev: 1-4-51:115
The Planning Commission at its duly held public hearing on August 23, 1996, voted to approve the
above -referenced application. Use Permit No. 148 is hereby issued to allow the temporary use (two
years) of the Pu'ula Church's facilities for a center based preschool program on a parcel containing
approximately 48,390 square feet and within the County's Single Family Residential (RS -10) zoned
district. The project site is located in Nanawale Estates Subdivision at the corner of Church Road
and Kehau Street at Puna, Puna, 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 z
r
Jeffrey M. Melrose, Senior Planner
Hawaii Island Region
Kamehameha Schools Bernice Pauahi Bishop Estate
Page 2
September 6, 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 continued preschool use 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 and continued preschool use by Kamehameha Schools Bishop Estate (KSBE)
in the County's Single Family Residential (RS -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 Low Density Urban Development which allows for single family
residential in character, ancillary community and public uses and convenience type
commercial uses. The preschool use would be consistent with the Low Density Urban
designation. The preschool use has been in existence at the Pu'ula Church facilities since
1992 under the previously approved Use Permit No. 107. The use 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 preschool use will continue to utilize the existing Pu'ula Church facilities for
a period of approximately two (2) years with hours of operation from 7:30 a.m. to
3:30 p.m., Mondays through Fridays. The preschool was in existence since 1992 and has fit
well into the community environment. KSBE recently purchased a property in the Pahoa
area to construct a permanent preschool site to serve the Lower Puna region. Plans are
underway for construction and renovation of the new facility, but occupancy may not occur
until September 1998. When the new site is fully operational, it is KSBE's plans to vacate
the Pu'ula facility and terminate the proposed use. Therefore, it is 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 immediate area. For the last ten years, the Trustees of KSBE has
undertaken efforts to develop and expand preschool opportunities islandwide and statewide to
serve Hawaiian children. The establishment of the preschool will enhance opportunities for
Hawaiian children to participate in a quality early -education program which is financed, in
large part, by Bernice Pauahi Bishop Estate. As such, the proposed preschool use is not
anticipated to adversely affect similar uses within the surrounding community or region.
Jeffrey M. Melrose, Senior Plainer
Hawaii Island Region
Kamehameha Schools Bernice Pauahi Bishop Estate
Page 3
September 6, 1996
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. Primary access to the project site is via Kehau Street. Existing
access to the preschool is via Holiday Road only, which has a 40 -foot wide right-of-way with
18 -foot wide pavement. Water is available to the subject property. Wastewater generated by
the preschool use will be disposed of within the existing cesspools. All other services and
utilities are available to the subject property. In addition, agencies had no objections to the
continued preschool use.
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.
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 use shall be established within one (1) year 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 (if any) structures, fire protection
measures, paved driveways and paved parking stalls (chipseal, asphalt or
asphalt -concrete) and landscaping associated with the proposed use.
4. The hours of operation shall be limited between 7:30 a.m. and 3:30 p.m., Mondays
through Fridays.
The life of this permit shall not exceed a period of five (5) years from the date of
approval of this permit or until a new facility is permitted and constructed in Pahoa,
whichever occurs first.
6. Comply with applicable laws, rules, regulations and requirements of other affected
agencies for approval of the project.
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.
8. An initial extension of time for the performance of conditions within the permit, with
the exception of Condition No. 5, may be granted by the Planning Director upon the
following circumstances:
Jeffrey M. Melrose, Senior Planner
Hawaii Island Region
Kamehameha Schools Bernice Pauahi Bishop Estate
Page 4
September 6, 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,
I. t1 --l._ l�
Kevin M. Bal og,�hairman
Planning Commission
AK: syw
LKamehOLPC
cc: Honorable Stephen K. Yamashiro, Mayor
Department of Public Works
Department of Water Supply
County Real Property Tax Division