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HomeMy WebLinkAboutRECOMMENDATION RSt.Michael-AmendSMA10-44.jma 11-04-20 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION SAINT MICHAEL THE ARCHANGEL CHURCH SPECIAL MANAGEMENT AREA USE PERMIT (SMA 10-44) Upon careful review of the applicant's request against the guidelines for approving amendments to a Special Management Area Use Permit, the Planning Director is recommending that the request be approved by the Planning Commission. Since this recommendation is made without the benefit of public testimony,the Director reserves the right to modify and/or alter this position. This approval recommendation is based on the following findings: The applicant is requesting a five-year time extension to comply with Condition No. 3 (time to complete construction) of Special Management Area Use Permit No. 10-000044, which was issued in 2010 to allow the reconstruction of Saint Michael the Archangel Church and related improvements on approximately 3.19 acres of land within the Special Management Area. The applicant has significantly reduced the overall scope and size of the proposed buildings, however, the original project included a 9,455 square-foot church with a 1,468-square foot attic, a two-story 11,030 square-foot Parrish Hall with a 2,902-square foot exit balcony, a 5,635 square-foot parish ministries/rectory structure,parking and landscaping. Following approval of SMA Use Permit No. 10-000044, construction of the new church began in December 2012. The first phase of construction included the main church building, parish hall foundation, surrounding landscaping and parking. This initial phase was completed in early February 2015. The first mass in the newly constructed church was held on March 15, 2015. The second phase of construction was postponed allowing the parish to work on fundraising to pay off the initial debt. Unanticipated delays prolonged debt reduction efforts, though the debt was eventually paid off. Subsequently, the parish decided to reduce the scope of the second phase of construction as follows: • • Reduce the height of the Parish Hall from 2-stories to 1-story,while maintaining the design and appearance of the existing church building. • Eliminate the Rectory Building initially proposed to be located in the northwest corner of the subject property, to be replaced with additional parking. • Eliminate the second driveway entering/exiting the subject property. The applicant states that the overall appearance of the project will result in a significantly reduced version compared to the original proposal. Landscaping and the coral shrine grotto that was completed in the first phase will remain. To expedite the start of construction, the applicant has begun acquiring the required building permits for the project. Final Plan Approval was granted on October 8, 2019, and is current until October 7, 2021. Additionally, the parish has received the approved foundation permit and is waiting for final approval of the vertical building permit. According to the applicant,they are currently working on finalizing contract negotiations with a local General Contractor for the project. 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 are not the result of their fault or negligence. According to the applicant, following the first phase of construction, there were unanticipated delays to debt reduction efforts, though the debt was eventually paid off. Subsequently, the parish decided to reduce the scope of the second phase of construction, thereby reducing the overall physical appearance of the project. The delays and redesign efforts have led to this time extension request. Therefore,the non-performance was a result of conditions that could not have been foreseen by the applicant and are not the result of the applicant's fault or negligence. Granting of the time extension would not be contrary to the General Plan, Kona Community Development Plan or Zoning Code. The General Plan Land Use Pattern Allocation Guide(LUPAG) Map designation for this area is Resort Node, which allows for a mix of visitor-related uses such as hotels, condominium-hotels (condominiums developed and/or operated as hotels), single family and multiple family residential units, golf courses and other typical resort recreational facilities, resort commercial complexes and other support services. The proposed development will complement the goals, policies and standards of the Land Use Element of the General Plan as the proposed church will encourage the -2- development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. The subject property is zoned Resort-Hotel—750 square feet(V-.75)by the County. Churches are listed as a permitted use within the Resort-Hotel zoning in the Zoning Code. Therefore, the proposed development is consistent with the County General Plan and with County zoning. The proposed development falls within the area affected by the Kona Community Development Plan, which was adopted by Ordinance No. 08 131. The property is located within the Kona Urban Area and within the Kailua Village Redevelopment Regional Center TOD and the proposed use is consistent with the Kona CDP. Lastly, the property is located within the Kailua Village Special District. As such, the proposed development will need to be reviewed before the Kailua Village Design Commission. The purpose of the Kailua Village Design Commission is to advise the director in matters concerning the design of buildings and structures and all public and private improvements within Kailua Village. The design of the new church,parish hall and parish ministries/rectory were reviewed by the Kailua Village Design Commission on June 15, 2010, who voted to recommend approval for the proposed project to the Planning Director. The granting of the time extension would not be contrary to the objectives and policies of the General Plan, the Kona CDP or the Zoning Code. Granting of the time extension would not be contrary to the original reasons for the granting of the Special Management Area Use Permit. The original reasons for the approval of Special Management Area Use Permit No. 10-000044 are still applicable today and the request is not contrary to these reasons. Based on the discussion above,the request for a 5-year time extension to Condition No. 3 (time to complete construction) of SMA Use Permit No. 10-000044 would not be contrary to the General Plan or Zoning Code nor the original reasons for granting of the permit. It is recommended that the Planning Commission approve the request with the following changes to conditions. (Material to be deleted is bracketed and struck-through; new material is underscored): 1. The applicant, its successor or assigns shall be responsible for complying with all stated -3- conditions of approval of this permit. 2. The applicant shall submit estimated maximum daily water usage calculations, prepared by a professional engineer licensed in the State of Hawai`i, for review and approval to the Department of Water Supply. The water usage calculations shall include the estimated peak flow in gallons per minute(GPM) and the total estimated average daily water usage in gallons per day(GPD) including all irrigation/landscaping use. Based on the water usage calculations provided, if the existing meters cannot support the estimated demand, a larger or additional meter will be required to be installed and remittance of the prevailing facilities charge will be required to be paid. The applicant shall install a backflow preventer(reduced pressure type)by a licensed contractor within five feet of the meter on the applicant's property,meeting with the approval of the Department of Water Supply. 3. Construction of the proposed development shall be completed within five(5) years from the effective date of this [permit] amendment. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Chapter 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify, if applicable, all proposed structures, fire protection measures, paved driveway access and parking stalls, and other improvements associated with the proposed use. Landscaping shall be included in the development plans to mitigate any potential adverse noise or visual impacts to adjacent properties in accordance with the Planning Department's Rule No. 17 (Landscaping Requirements). 4. The project shall connect to the County's sewer line fronting the property along Ali`i Drive prior to the issuance of a Certificate of Occupancy. 5. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to issuance of a construction permit. Any recommended drainage improvements shall be constructed meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. -4- 6. The applicant shall comply with Chapter 27 - Flood Control, of the Hawaii County Code. 7. For encroachments in or alterations to the AE flood zone, the applicant shall submit a flood study prepared by a licensed professional civil engineer. If required,the applicant shall submit for a Conditional Letter of Map Revision(CLOMR) to the Federal Emergency Management Agency(FEMA)prior to the issuance of any construction permit. If required, the applicant shall obtain a Letter of Map Revision(LOMR)prior to the issuance of Certificate of Occupancy. 8. During construction, measures shall be taken to minimize the potential of both fugitive dust and runoff sedimentation. Such measures shall be in compliance with construction industry standards and practices utilized during construction projects of the State of Hawaii. 9. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control of the Hawaii County Code. 10. All driveway connections to Alii Drive shall be at a location approved by the Department of Public Works and shall conform to Chapter 22, County Streets, of the Hawaii County Code. 11. The applicant shall install street lights, signs and markings meeting with the approval of the Department of Public Works—Traffic Division. 12. An All Hazards Emergency Response Plan shall be submitted to the Hawaii County Civil Defense Agency for review and approval prior to the issuance of a Certificate of Occupancy. 13. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of Final Plan Approval. 14. Prior to any ground altering activities the applicant shall submit a monitoring plan prepared by a qualified archaeologist pursuant to HAR 13-279 to the DLNR-SHPD for review and approval. A copy of the approved monitoring plan shall be provided to the Planning Department prior to issuance of Final Plan Approval. 15. All ground altering activities associated with the proposed development shall be monitored by a qualified archaeologist in a manner meeting with the approval of the DLNR-SHPD. -5- 16. The applicant shall implement a relocation plan and interim preservation measures for the coral shrine grotto during construction. 17. The applicant shall implement the final phase of the approved Burial Treatment Plan for the completion of the new Church structure meeting with the approval of the DLNR-SHPD. 18. Should any undiscovered 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 mitigation measures have been taken. 19. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. Y. - _ • . . • • - . . . . _ - - . . . , • - . , or Zoning Code. Y. - _ • &] If the applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the Planning Commission for appropriate action. Should any of the foregoing conditions not be met or substantially complied with in a timely fashion,the Planning Director may initiate procedures to revoke the permit. -6-