HomeMy WebLinkAbout99_005Stephen K. Yamashiro
Mayor
CERTIFIED MAIL
Z 095 324 889
Mr. James Leonard
PBR Hawaii — Hilo Office
101 Aupuni Street, Suite 310
Hilo, HI 96720
Dear Mr. Leonard:
(911unfV IIf Anfiniff
PLANNING COMMISSION
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252
(808)961-8288 + Fax (808) 961.9615
Use Permit Application (USE 99-005)
Applicant: Kamehameha Schools Bernice Pauahi Bishop Estate (KSBE)
Request: Development of a Permanent East Hawaii Campus
The Planning Commission at its duly held public hearing on January 21, 2000, voted to
approve the above -referenced application. Use Permit No. 181 is hereby issued to allow the
development of a permanent East Hawaii Campus and related uses on approximately 300 acres
of land. The project area is bordered on the east side by the Volcano Highway and on the
south side by North Road, approximately 1.5 miles southwest of Keaau Town, Keaau, 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 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.
(B) 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.
FE6 .0 24,
00:17
Mr. James Leonard
Page 2
(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 and 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 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. Therefore,
the request is reviewed in relationship to existing regulations and restrictions relative to
the location and use of buildings, off-street parking and the density of population and
land for trade, industry, residence or other purposes. The establishment of a school on a
parcel located within the State Land Use Urban District and the County's Agricultural
(A -20a) zoned district may be permitted through the Use Permit process. The proposed
school will be built on approximately 64 acres of vacant land in the Urban District. The
property is located along the Volcano Highway approximately 1.5 miles southwest of
Keaau Town and 8.5 miles south of downtown Hilo. The majority of the subject site, or
236 acres, is located within the State Land Use Agricultural District with approximately
64 acres located within the State Land Use Urban District.
The subject site is situated within an area designated as Urban Expansion on the
General Plan Land Use Pattern Allocation Guide (LUPAG) Map. Mindful of the type of
public service the new elementary school will provide to the residents of Puna, the
proposed use will complement the following goals, policies and standards 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.
Mr. James Leonard
Page 3
Public Facilities Element
Encourage the provision of public facilities that effectively service community
needs and seek ways of improving public service through better and more
functional facilities which are in keeping with the environmental and aesthetic
concerns of the community.
The County shall coordinate with appropriate State agencies for the provision of
public facilities to serve the needs of the community.
Public Facilities (Education)
In proposed communities, sufficient acreage shall be reserved for school facilities.
Sites shall be free from flooding and drainage problems, excessive slope and shall
incorporate appropriate street and driveway design and location to minimize
traffic interference, pedestrian hazard, and to enable safe and easy access for
vehicles, bicycles and pedestrians.
Economic Element
The County shall support all levels of educational opportunities and institutions
for its residents.
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
proposed school will be located within an area that was previously used for pasture. As
the Keaau Town urban core is located about 1.5 miles from the site, the proposed facility
will not detract from the present character of the area. It can be expected that this area
will continue to grow and be developed. A temporary campus, with an enrollment of 153
students, is located on Department of Hawaiian Home Lands in Keaukaha, approximately
9.5 miles from the project site. However, due to terms of the lease agreement and size of
the campus, KSBE's options for the continued use of the Keaukaha site are severely
limited. KSBE has added additional classrooms to the elementary school campus, but the
temporary campus is nearly completely built out. The Campus Master Plan has a
potential for a future K to 12 Campus for approximately 2,300 students, however, the
project has been planned to initially accommodate an elementary, middle, and high
school, with approximately 1,120 students and 110 faculty and staff members. As
immediate surrounding properties are vacant, in agricultural or residential use, it is not
expected that the school would cause significant adverse impacts to surrounding
properties. Any detailed landscaping or safety buffers can be reviewed during Final Plan
Approval. Overall, it is not anticipated that the immediate surrounding parcels would be
Mr. James Leonard
Page 4
impacted by the development of the school. The applicant envisions that certain
structures within the campus will exceed 45 feet in height; therefore, exceptions from the
height limit of 45 feet will be necessary. Therefore, the applicant will be required to
secure Final Plan Approval for each phase of the planned campus development.
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 existing environment and its infrastructure can be evaluated on a
case-by-case basis. The existing school facilities in Keaukaha are inadequate and not
able to accommodate the growing number of students. In this case, the new school is
proposed to be developed on lands that are vacant and within the vicinity of growing
communities. The proposed school will be located in close proximity to the Keaau Town
commercial core, where commercial development and other urban uses exist.
The desired use will not unreasonably burden public agencies to provide roads
and streets, sewers, water, drainage, school improvements and 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. Access to the subject property is from the Volcano Highway, a State
highway. Sewage is proposed to be handled by a septic tank and disposed of by a leach
field. An increase in traffic can be expected from the school development. According to
an October 29, 1999 Traffic Impact Analysis Report (TIAR) conducted by Randall S.
Okaneku of The Traffic Management Consultant, the proposed project is not expected to
have a significant impact on traffic operations in the area, if traffic improvements are
implemented as recommended in the study. Proposed traffic improvements include (1)
signalizing the intersection of the Volcano Highway and Pa'ahana Street, (2) providing an
exclusive right tum lane on Volcano -bound Volcano Highway to Pa'ahana Street, (3)
providing an exclusive left turn land on Hilo -bound Volcano Highway to Pa'ahana Street,
(4) reconfiguring the existing right turn lane on Hilo -bound Volcano Highway at
Pa'ahana Street, and (5) improving Pa'ahana Street to a shared left turn/through lane and
an exclusive right turn lane at Volcano Highway. The State Department of
Transportation recommends that the improvements be constructed at the applicants'
expense. In their comments, the Department of Transportation had reservations about the
capacity of the highway facilities to handle this development. The Department of Public
Works advises that the applicant signalize the intersection of the Volcano Highway and
Pa'ahana Street, and provide the recommended improvements. As the Volcano Highway
is a State highway, all roadway and driveway improvements shall conform to the
Department of Transportation - Highways Division. Also, as requested by the
Department of Transportation, a Traffic Signal Warrant Study shall be submitted for their
review and approval. The applicant will be required to submit an additional Traffic
Impact Analysis Report prior to any development of classroom facilities beyond the
Mr. James Leonard
Page 5
initial student population of 1,120 students. In addition to the above, to ensure the safety
of the school children, a condition is being included to require the applicant to construct a
chain link fence surrounding the initial campus development prior to the opening of the
school. In addition, construction barriers shall be built between the existing school and
any ongoing construction on the property. Other agencies reviewing the request had no
objections to the proposed development.
Finally, there are no endangered or threatened candidate species of flora or fauna
located within the project site, nor has the area been identified as a significant botanical
or biological habitat.
Based on the above findings, it is recommended that this request be approved
subject to the following conditions. Should any of the conditions not be met or
substantially complied with in a timely fashion, the Planning Director may initiate
procedure to revoke the permit.
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
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 effective date of the Use Permit shall be the effective date of the Special
Permit.
4. Prior to the start of construction, Final Plan Approval for the initial campus
development and subsequent campus expansion shall be secured from the
Planning Director in accordance with the Zoning Code Section 25-2-72. Plans
shall identify existing and proposed structures, fire protection measures, paved
driveways and paved parking stalls (asphalt or asphalt -concrete), fencing,
construction fencing and detailed landscaping associated with the proposed uses.
5. Final Subdivision Approval shall be secured from the Planning Director within
five (5) years from the effective date of the Special Permit.
6. A Traffic Signal Warrant Study shall be submitted for review and approval by the
Department of Transportation with a copy to the Planning Director prior to the
submittal of plans for Final Plan Approval.
Mr. James Leonard
Page 6
7. A Traffic Impact Analysis Report (TIAR) shall be prepared for review and
approval by the Department of Transportation, Department of Public Works and
the Planning Director prior to the submittal of plans for Final Plan Approval for
any development of classroom facilities beyond the initial student population of
1,120 students.
8. The applicant shall provide the following roadway improvements at the
intersection of Volcano Highway and Project Access Road/Pa'ahana Street,
meeting with the approval of the State Department of Transportation:
a. Construction of a signalized intersection.
b. Construction of an exclusive right tum lane on Volcano -bound Volcano
Highway to the Project Access Road/Pa'ahana Street.
C. Construction of an exclusive left turn lane on Hilo -bound Volcano
Highway to the proposed Project Access Road/Pa'ahana Street.
d. Reconfigure the existing right turn lane on Hilo -bound Volcano Highway
at Pa'ahana Street to provide a shared through/right tum lane. The shared
through/right turn lane on the Hilo side of the intersection should merge
into the existing Hilo -bound traffic lane.
e. Construct a shared left turn/through lane and an exclusive right turn lane at
the Project Access Road and Volcano Highway.
f. Construction of a striped six-foot wide median strip on Volcano Highway
on both sides of the intersection.
g. Other roadway improvements to Volcano Highway as required by the
State Department of Transportation.
9. Prior to the issuance of a certificate of occupancy for any portion of the initial
campus development, the applicant shall install a chain link fence surrounding the
proposed development area, with construction barriers between the operating
areas and the remaining areas to be developed. The height of the fence shall be
determined during Final Plan Approval.
10. A Drainage Report and all recommended improvements shall be submitted to the
Department of Public Works in conjunction with Final Plan Approval.
Mr. James Leonard
Page 7
11. A Solid Waste Management Plan shall be submitted for review and approval by
the Department of Public Works prior to occupancy.
12. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine sell 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 mitigation measures have been
taken.
13. Comply with all applicable rules, regulations and requirements of the affected
agencies for the development of the subject property, including the State
Department of Transportation.
14. Upon compliance with applicable conditions of approval, and prior to the issuance
of a certificate of occupancy for any portion of the development, the applicant
shall submit a status report, in writing, to the Planning Director.
15. An extension of time for the performance of conditions of 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 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).
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. James Leonard
Page 8
Should you have any questions, please contact Phyllis Fujimoto or Alice Kawaha of the
Planning Department at 961-8288.
Sincerely,
Richard B. Baker, Jr., Chairman
Planning Commission
Lksbeuse0lPC
cc: Department of Public Works
Department of Water Supply
County Real Property Tax Division
Kazu Hayashida, Director/DOT-Highways, Honolulu
Mr. Yukio Takemoto
William Yuen, Esq.