HomeMy WebLinkAbout97_002Stephen K. Yamashiro
Mayor
CERTIFIED MAIL
Z 095 323 853
^ i 1997
Mr. Edmond Akiona
P.O. Box 1197
Wailuku, HI 96793
Dear Mr. Akiona:
Clurtty of c'r'�Ufunii
PLANNING COMMISSION
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720.4252
(808) 961.8288 Fax (808) 961.9615
Use Permit Application (USE 97-2)
Applicant: The Church of Jesus Christ of Latter -Day Saints
Request: Establish a New Church Meeting House
Tax Map Key: 5-5-10:Portion of 3
The Planning Commission at its duly held public hearing on April 10, 1997, voted to approve
the above -referenced application. Use Permit No. 155 is hereby issued to construct and
establish a new church meeting facility and related improvements on approximately 3.52 acres
of land within the Single Family Residential (RS -15) zoned district. The property is located
along the west side of Hawi Road approximately 580 feet southwest from the intersection of
Hawi Road and Akoni-Pule Highway at Hawi, North Kohala, Hawaii.
Approval of this request is based on the following:
In considering a Use Permit for any proposed use, the Hawaii County Zoning
Code Section 25-2-65, relating to Criteria for granting a Use Permit, requires that such
action conforms to the following guidelines:
(1) The granting of the proposed use shall be consistent with the general
purpose of the zoning district, the intent and purpose of the Zoning Code
and the General Plan;
(2) The granting of the proposed use shall not be materially detrimental to
the public welfare nor cause substantial, adverse impact to the
community's character or to surrounding properties; and
(3) The granting of the proposed use shall not unreasonably burden public
agencies to provide roads and streets, sewer, water, drainage, schools,
police and fire protection and other related infrastructure.
ri1�P, 1 1997
Mr. Edmond Akiona
Page 2
The proposed church 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 church facility and related activities within the County's Single
Family Residential (RS -15) zoned district and the State Land Use Urban District may
be allowed through the granting of a Use Permit. The proposed use would complement
and be consistent with the following goals and policies of the Land Use Element of the
General Plan.
* 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.
The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates the
area for Low Density Urban which allows single family residential in character,
ancillary community and public uses, and convenience type commercial uses. Further,
the North Kohala Community Development Plan (CDP) and Land Use Concept Map
recommend the area for residential -related uses. 'Therefore, the proposed church use
will be consistent with the planning for the area which allows a range of public uses.
The granting of the proposed use shall not be materially detrimental to the
public welfare nor cause substantial, adverse impact to the community's character or to
surrounding properties. Presently, members utilize an existing church facility which
has been in existence since the early 1960s which is located on the adjacent property
(northeast) fronting Hawi Road. The existing church facility is a non -conforming use
which was a permitted use at that time. Church -related activities may continue to occur
on this property; however, should such uses cease for a continuous period of 12
months, said uses may not resume until a Use Permit is secured from the Planning
Commission. Due to the land configurations, the existing facility cannot be expanded
to accommodate church growth; and therefore, the proposed church meeting facility
will replace this existing facility.
As the proposed facility will be located on the immediate adjacent parcel and
setback further in from Hawi Road, it is anticipated that impacts that could be
generated from the church would be less than from a lot fronting Hawi Road. Adjacent
properties are primarily in residential use, pasture land or vacant and the character of
the community is residential in nature. The proposed setbacks are greater than those
required for development on a property zoned Agricultural. Landscaping buffers of
trees, groundcover and other plants are also proposed within the project area.
However, to alleviate any potential adverse impacts to surrounding properties and
residences, additional landscaping may be required and, thus, can be reviewed during
Final Plan Approval. The services offered by the proposed use will continue to
supplement existing religious and charitable services in the community. It should be
noted that an existing dwelling is situated within the area of the proposed church
meeting facility. However, the applicant has indicated that the dwelling will be
relocated to the Condominium Property Regime Unit 2 area prior to construction of the
proposed church meeting facility.
Mr. Edmond Akiona
Page 3
The granting of the proposed use shall not unreasonably burden public agencies
to provide roads and streets, sewer, water, drainage, schools, police and fire protection
and other related infrastructure. Existing access to the project area is provided by a
10 -foot wide dirt road off of Hawi Road, which has a 40 -foot right-of-way with a
20 -foot wide pavement. The applicant proposes to construct a new paved 20 -foot wide
driveway from Hawi Road to the proposed facility over and across both the subject
property's and the adjacent property's 10 -foot wide roadway strips. As a result, the
proposed 20 -foot paved access road would provide access to Hawi Road for the
proposed facility, the other three CPR units and the property owned by Herman and
Marcelita Hernaez. It should be noted that an easement document has been recorded
with the State of Hawaii Bureau of Conveyances which grants an easement and
right-of-way to the applicant for ingress and egress and for access and roadway
purposes over and across the 10 -foot wide portion of the property owned by Herman
and Marcelita Hernaez. County water can be made available from an existing 6 -inch
waterline fronting the property along Hawi Road. There is no municipal wastewater
system in the area. Therefore, construction of proposed wastewater disposal system
must be approved by the State Department of Health. The police, fire and emergency
services are provided by the North Kohala Police Station, Fire Station and the Kohala
Hospital which are located at Kapaau, approximately 2.5 miles northeast of the subject
property.
The property has been in pasture use and is covered with grass, several
ironwood trees, bananas, citrus trees, Christmas berries and a banyan tree. Based on a
botanical resources survey, the findings concluded that there are no endangered species
of plants present within the project area. Further, an archaeological walk-through
reconnaissance survey was conducted on the entire property and the findings concluded
that no historical or archaeological remains of any kind were found, and there are no
gravesites present. Any proposed grading, grubbing and/or drainage improvements
shall meet the requirements and approval of the Department of Public Works.
Based on the above considerations, it is determined that the establishment of a
church and related activities on the subject property would be compatible and would
not conflict with the existing land uses and the physical and social environment of the
area and would promote the effectiveness and objectives of the Zoning Code and
General Plan.
Approval of this request is subject to the following conditions. Should any of the conditions
not be met or substantially complied with in a timely fashion, the Director shall initiate
procedures to revoke this permit.
1. The applicant, successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
2. The required water commitment payment shall be submitted to the Department
of Water Supply in accordance with its "Water Commitment Guidelines Policy"
within ninety (90) days from the effective date of this permit.
3. A metes and bounds description of the 3.52 -acre area for the proposed
development in written and map form shall be submitted to the Planning
Department within one year from the effective date of this permit.
Mr. Edmond Akiona
Page 4
4. Construction of the proposed church facility and related improvements shall be
completed within five (5) years from the effective date of this permit. Prior to
commencing construction, Final Plan Approval shall be secured from the
Planning Director. Plans shall identify existing and proposed structures, paved
(asphaltic -concrete, concrete or chip -seal) parking areas and driveway, existing
and proposed agricultural areas, landscaping along the eastern boundary to
mitigate any visual and noise impacts, and fire protection measures associated
with the proposed use. Parking for all functions shall be maintained on the
subject property and comply with the requirements of Chapter 25 (Zoning
Code).
Driveway access connection to Hawi Road shall meet with the approval of the
State Department of Transportation, Highways Division.
6. Comply with all applicable laws, rules and regulations of the affected agencies
for this project.
7. A final status report shall be submitted to the Planning Director upon
compliance with all conditions of approval.
8. 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. 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).
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.
Mr. Edmond Akiona
Page 5
Should you have any questions, please feel free to contact Alice Kawaha or Susan Gagorik of
the Planning Department at 961-8288.
Sincerely,
I
4. i
Kevin M. Balog, Chairman
Planning Commission
AK: syw
LLDSOI.PC
cc: Department of Public Works
Department of Water Supply
County Real Property Tax Division
Kazu Hayashida, Director/DOT-Highways, Honolulu
The Church of Jesus Christ of Latter -Day Saints