HomeMy WebLinkAbout05_28_2021 REVISED RECOMMENDATION & CONDITIONS OF APPROVAL (SPP-20-220)RKirpal jma.revisedcond.5 28.21
KIRPAL MEDITATION AND ECOLOGICAL CENTER, LLC
SPECIAL PERMIT APPLICATION (SPP 20-000220)
REVISED RECOMMENDATION AND CONDITIONS OF APPROVAL
Following the approval of a petition for standing in a contested case hearing and
subsequent mediation, the parties involved, namely Kirpal Meditation and Ecological Center,
Planning Director Zendo Kern and Ms. Margaret Dickie -Clark, have agreed to several revised
conditions. As such, the Planning Director recommends amending Condition 3, Condition 8
and Condition 10 as follows:
3. [Pri r t btaining Final Plan Appr val, the applicant shall either remove existing
Planning Department. This special permit does not automatically grant a yard
etback variance to the subject property.]
Applicant shall remove all existing structures that are in the yard setback area
adjacent to Tax Map Key Parcel No. (3) 1-3-008:067 and close all
cesspools/cesspits according to the requirements of the Hawaii Department of
Health and/or Zoning Code. Structures labeled Shed 7 and Shed 22 on applicant's
plot plan shall be removed and relocated out of the setback within six (6) months
of the County's issuance of the final buildingpermit for those structures in their
new locations outside of the setback.
Applicant shall remove Building 21 completely from the setback within six (6)
months of the County's issuance of the final certificate of occupancy for the new
proposed community center building, labeled 24 on the applicant's plot plan
which will include the laundry and showers currently housed in Building 21.
During the Plan Approval process the applicant shall either secure a yard setback
variance from the Planning Department or make a plan to remove any other
existing structures from within yard setbacks that are not adjacent to Tax Map
Key Parcel No. (3) 1-3-008:067. This special permit does not automatically grant
a yard setback variance to the subject property.
8. As represented by the applicant, all retreat events shall occur between 7:00 a.m.
and 9:00 p.m. [Meditation and quiet time are mandat.d between 9:00 PM and
10.
9+00 -ANC] Quiet hours will a from 9:00 p.m. to 9:00 a.m. with the exception of
grounds maintenance such as mowing and weed whacking which may begin at
8:00 a.m.
During non -quiet hours in the daytime, from 9:00 a.m. to 9:00 p.m. (with the
exception of the 8:00 a.m. to 9:00 a.m. grounds maintenance allowance) sound
levels up to 70 decibels at the boundary between the applicant's property
identified as TMK No. (3) 1-3-008:005, and the neighboring property, identified
as TMK No. (3) 1-3-008:067, will be allowed. During quiet hours in the
nighttime from 9:00 p.m. to 9:00 a.m. (with the exception of the 8:00 a.m. to 9:00
a.m. grounds maintenance allowance), sound levels up to 45 decibels at this
property boundary will be allowed. The parties hereto agree to an exception that
any construction related noise shall adhere to the applicable County and/or State
rules in place for construction related noise on the applicant's property. The
current County rules allow for construction from 7:00 a.m. to 6:00 p.m. Monday
through Friday and 9:00 a.m. to 6:00 p.m. on Saturdays and no construction on
Sundays or holidays.
l ] The property shall
not be used as a venue for weddings and concerts. The whole site will not be
rented out for a wedding party or for a concert. A concert is defined as guests
coming to the property exclusively for the purposes of a musical performance
either free or ticketed. If, on occasion, a wedding or concert is held on the
property, it will be limited to the maximum number of people as provided in
Condition No. 7 of the Planning Director's Recommendation.