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HomeMy WebLinkAboutPD Recommendation Report (PL-SPP-2023-000060) BMakuaLaniSPP.3.20.2024 COUNTY OF IIAWAI`I PLANNING DEPARTMENT RECOMMENDATION MAKUA LANI CHRISTIAN ACADEMY (FORMERLY KONA CHRISTIAN ACADEMY) AMENDMENT TO SPECIAL PERMIT NO. 549 (PL-SPP-2023-000060) Upon careful review of the request against the guidelines for granting an amendment, the Planning Director recommends that the proposed amendments to Special Permit No. 549 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 recommendation based upon additional information presented at the public hearing. This approval recommendation is based on the following findings: The applicant is requesting an amendment to Special Permit No. 549 (SPP 549), which allowed the establishment of a church and primary school facilities and related improvements, to include the following: • Amend Condition No. 9 of SPP 549 to allow an increase in the maximum enrollment from 180 to 210 students. The condition currently states "The primary school shall be limited to an enrollment of 180 students. • Add the adjacent 1.916-acre property, TMK (3) 7-4-006:046 (Parcel 46)to the permit area, for educational uses, thereby increasing the permit area to a total of approximately 7.003 acres. • Construct a 960-square foot modular building on Parcel 46 to accommodate 2 new elementary school classrooms. • Construct a 225-square foot bathroom building and new septic system on Parcel 46 to serve the new classrooms. The applicant was recently gifted the ownership of Parcel 46 and would like to use it for educational purposes, together with the existing primary school campus on TMK (3) 7-4-006:037 (Parcel 37), originally permitted under SPP 549. The request to increase the maximum enrollment is due to an increase in demand and to accommodate the return of 5th graders to the school campus. Over the past two years the school shifted 5th graders to the Makua Lani High School campus so that total enrollment did not exceed the maximum -1- allowed by SPP 549. However, the applicant notes that 5th graders are more developmentally suited to be part of the elementary school campus as opposed to part of the middle school and high school campus. Teachers will use 4 existing parking stalls on Parcel 46 during school hours which are Monday through Friday,7:00 AM to 4:00 PM,with students in attendance on weekdays from 7:30 AM to 2:45 PM, except Wednesdays when students leave at 12:30 PM. According to the applicant,the existing parking lots will also be used on Sundays by Grace Church. The criteria for approving a Special Permit are based on Rule 6-7 in the Planning Commission Rules. It states that the Planning Commission shall not approve a Special Permit unless it is found that the proposed use (a) is an unusual and reasonable use of land situated within the Agricultural or Rural District, whichever the case may be, and (b) the proposed use would promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes, as amended. The proposed use is an unusual and reasonable use of land situated within the State Land Use Agricultural District and would promote the effectiveness and objectives of the State Land Use Law and Regulations and Chapter 205, HRS, as amended. The State Land Use Law and Regulations are intended to preserve,protect, and encourage the development of lands for those uses to which they are best suited in the interest of the public health and welfare of the people of the State of Hawaii. In the case of the Agricultural District, the intent is to preserve or keep lands of high agricultural potential in agricultural use. The proposed amendment request to increase school enrollment and construct 2 new classrooms on Parcel 46 is unusual in that it is not an agricultural use of that 1.916- acre property. The use is reasonable in the Agricultural District because, having been previously cleared and developed for parking and access purposes,Parcel 46 does not have a high potential for agriculture and could better serve the community through use by the existing school. It is therefore determined that the proposed use is an unusual and reasonable use within the Agricultural District and will not be contrary to the objectives of 205A, HRS, as amended. -2- In addition to the above listed criteria,the Planning Commission shall also consider the criteria listed under Section 6-3(b)(5) (A) through (G). In considering the criteria, the Planning Director recommends the following: (A) Such use shall not be contrary to the objectives sought to be accomplished by the Land Use Law and Regulations. As mentioned previously, the subject properties have been cleared and developed with structures,parking and driveways associated with churches and/or educational purposes for several decades. The proposed new classrooms will be constructed on land that is not considered to have high agricultural potential from a resource perspective, due to the soil type and its low productivity rating. The property is not considered important agricultural land as its soils are classified as "C" or "Fair" and "E" or "Very Poor" for agricultural productivity by the Land Study Bureau Soil Classification System and are considered "other important agricultural land" by the Department of Agriculture's ALISH Map. As evaluated above, the applicant's request is considered an unusual and reasonable use of agricultural land that will not adversely affect the preservation of lands with high agricultural potential in the County of Hawaii. Thus, the establishment of the proposed use will not be contrary to the objectives sought to be accomplished by the State Land Use Law and Regulations. (B) The desired use shall not adversely affect the surrounding properties. Properties situated immediately adjacent to the subject properties are zoned Agricultural (A-5a and A-la) and Family-Agricultural (FA-2a), with uses consisting of residential dwellings, a church and vacant lands. The school has been in operation since 1992 and the Planning Department has no record of complaints about its operation nor has the Department received any opposition testimony from the public at the time of this writing. Based on the preceding it is not anticipated that the proposed use will adversely affect the surrounding properties. (C) Such use shall not unreasonably burden public agencies to provide roads and streets, sewers,water, drainage, school improvements, and police and fire protection. Access to the subject properties is from Palani Road, a County owned and maintained road with a 20-foot-wide pavement within a variable-width right-of-way. The -3- applicant proposes the continued use of 2 existing access points, including one right-turn- only access point, providing ingress, and a second access point with full turn movements, providing ingress and egress. According to the Department of Public Works (DPW), since Palani Road is an existing collector road, no additional access points are recommended for the proposed use. A condition of approval will be included stating that access to the subject properties meets with the approval of DPW. Two subdivisions connected to the subject properties, SUB 09-000878 and SUB 10-00098 1-Revised, established roadway-widening lots and a drainage easement that still need to be dedicated to the County and recorded with the Bureau of Conveyances. A condition of approval will be included that requires the applicant to complete the roadway and drainage easement dedications. Several conditions to address traffic concerns were included with the two previous amendments to allow increased student enrollment, based on recommendations from a 1998 TIAR. Condition No. 6 required construction of a left-hand turn storage lane, for which a DPW permit was issued in 2009. However, since DPW notes that the permit was not finalized, a condition of approval will be included requiring that the applicant obtain final inspection from DPW. Condition No. 7 required the applicant to submit a maintenance agreement to clear and maintain the vegetation in the right-of-way along Palani Road for sight distance purposes. Given that neither the County nor the applicant has records showing approval of such an agreement, a condition of approval will be included requiring the applicant to submit a new agreement in accordance with and meeting the approval of DPW. Condition No. 8 required the applicant to install flashing lights along Palani Road, meeting with the requirements of DPW. Since no traffic lights have been installed, and the applicant is requesting to further expand school operations, DPW, Traffic Division, recommends that the applicant establish a school zone to include installation of flashing beacons on the approach to the academy with standard school signage. A condition of approval will be included to address the preceding. -4- There is no municipal sewer system available to the subject properties and the applicant proposes to install a new septic system on Parcel 46, meeting the requirements of the Department of Health (DOH). According to the Department of Water Supply (DWS), each of the subject parcels is currently served by an existing 5/8-inch meter, limited to one unit of water, however DWS records show that over the past 2 years, average daily water usage by Parcel 37 is approximately 4 times the allocated usage limit. DWS further notes that additional water for Parcel 37 is not available and that a reduction in water usage is required. Regarding Parcel 46, DWS states that if the proposed new classrooms and bathroom facilities are served by the existing water service for Parcel 46, the estimated water usage should justify that it will be less than what is allocated.A condition of approval will be included to address the preceding. The property is situated within an area designated as Flood Zone X on the Flood Insurance Rate Map (FIRM) by FEMA, an area of minimal flood hazard located outside the 500-year flood plain. Electrical, telephone and internet services are available to the subject properties with medical services, fire and police stations located 3 miles away in Kailua-Kona. A condition of approval will be included requiring the applicants to meet all applicable County, State and Federal laws, rules, regulations, and requirements. Based on the preceding, the requested use will not burden public agencies to provide additional services. (D) Unusual conditions, trends, and needs have arisen since district boundaries and regulations were established. In the 1960's and 1970's, the State's Agricultural District boundaries and regulations were established and subsequently amended pursuant to HRS Chapter 205. The State Land Use Commission was created in 1961, and interim regulations and temporary district boundaries became effective in 1962. Subsequently, the regulations and Land Use District Boundaries became effective in August of 1964. Although the property and surrounding areas are designated for agricultural uses by both State and County land use laws, through the issuance of a Special Permit, various -5- "non-agricultural" services and uses may be allowed. Since district boundaries were established in the 1960's, the population of the North Kona District has grown and the establishment of community services such as elementary schools has not been able to keep pace with this growth. The State Land Use Commission has not designated new urban lands where these community services can be established, therefore, a Special Permit is the only way to provide these much-needed services to the North Kona community. (E) The land upon which the proposed use is sought is unsuited for the uses permitted within the district. Soils on the subject properties are classified as a combination of"C" or Fair and "E" or "Very Poor" by the Land Study Bureau's Overall Master Productivity Rating and designated as "Other" by the Department of Agriculture's ALISH Map. The USDA Soil Survey Type for the subject properties are Napo`opo`o- Honuaulu complex, with 10 to 20 percent slopes. As mentioned previously, the continued non-agricultural use of Parcel 46 will not remove lands of high agricultural potential from the agricultural inventory for the area. (F) The proposed use will not substantially alter or change the essential character of the land and the present use. The surrounding area is characterized by a mix of single-family dwellings, community services such as churches, and small-scale agriculture. As mentioned previously, the school has been in operation since 1992 and Parcel 46 has been developed with driveways and parking lots associated with Grace Community Church since approximately 1998. The applicant's proposed use of Parcel 46 for educational purposes will not substantially alter or change the essential character of the area. (G) The request will not be contrary to the General Plan and official Community Development Plan and other documents such as Design Plans. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. -6- The subject properties are designated as Urban Expansion(UE)by the General Plan which allows for a mix of high density,medium density,low density,industrial,industrial- commercial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. The approval of the subject request would support the following goals and policies of the Public Facilities, Land Use and Economic elements of General Plan: Public Facilities • Improve basic school facilities to meet current standards. • Encourage the provision ofpublic facilities that effectively service community and visitor needs and seek ways of improving public services through better and more functional facilities in keeping with the environmental and aesthetic concerns of the community. Land Use Element • Designate and allocate land areas 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. Economic Element • Support all levels of educational, employment and training opportunities and institutions. • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. According to the Kona Community Development Plan (KCDP), the subject properties are located in the Kona Urban Area but are not located in or near a Transit- Oriented Development (TOD) area. While the KCDP is generally silent on the use of Special Permits, the proposed amendment to Special Permit No. 549 is consistent with KCDP goals and policies related to public facilities and services. Specifically,the proposal -7- complies with Policy PUB-6.6 Important Role of Schools in Creating a Sense of Community, which states, in part that, "The quality of its schools defines the quality of the Kona community. Quality schools show the caring of the community for its children. Quality schools are an investment in the quality of the future, which create outstanding citizens who acquire market-competitive survival skills. " Furthermore, this policy aligns with the following actions related to schools in the KCDP area: • Encourage schools to be utilized as community hubs for family-centered recreation and learning. • Where DOE plans do not provide for development ofplanned school sites, charter or private school alternatives should be sought. Based on the preceding, the request is consistent with the General Plan and the Kona CDP. The proposed use is not contrary to the objectives sought to be accomplished by Chapter 205A, Hawaii Revised Statutes, relating to coastal zone management program. The subject properties are located approximately 3.2 miles from the nearest shoreline, are not within the Special Management Area and will not be impacted by coastal hazard and beach erosion. There is no designated public access to the mountain or shoreline areas over the subject properties and the proposed use will not adversely impact any recreational resources, including access to and along the shoreline, scenic and open space nor visual resources, coastal ecosystems, and marine and coastal resources. Therefore, the proposed use is not contrary to the objectives of Chapter 205A, Hawaii Revised Statutes. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights.In view of the Hawaii State Supreme Court's"PASH" and "Ka Pa`akai O Ka`Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site. Investigation of valued resources:No formal archaeological reconnaissance survey, oral history of kama`aina accounts of the area, historical survey of documentary records, or botanical study was included in the application. -8- The valued cultural, historical, and natural resources found in the special permit area: According to the applicant,no archeological or historical features are known to exist on the subject property nor is the property listed as a historic site on the State or National Register of Historic Places. The subject properties have been cleared for construction of a church, primary school, parking lots, driveways, and related accessory structures. There are no known endangered or listed plant species on the property. According to the applicant, there are no known cultural resources present on the subject properties. Furthermore, the applicant states that to the best of their knowledge, there are no customary native Hawaiian practices that occur on the subject properties. No professional surveys were conducted of the flora/fauna resources on the property and the likelihood of any rare or endangered species,habitat or flora on the subject properties is remote given the developed nature of the properties and surrounding area. Possible adverse effect or impairment of valued resources: Native plants and/or endangered species are unlikely to be impacted by the proposed development due to the already impacted properties as mentioned above. Feasible actions to protect native Hawaiian rights: To the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Lastly, this recommendation is made with the understanding that the applicants remain responsible for complying with all other applicable governmental requirements in connection with the proposed amendments to Special Permit No. 549, prior to their commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. -9- Based on the above considerations, the proposed request to amend Special Permit No. 549 is an unusual and reasonable use of land which would not be contrary to the objectives sought to be accomplished by the Land Use Law and Regulations. Approval of this request is subject to the following conditions: 1. The [ iener]applicant, its successor or assigns, ("Applicant") shall be responsible for complying with all conditions of approval. 2. The [applieaot]Applicant shall indemnify and hold the County of Hawaii harmless from and against any loss, liability, claim or demand for the property damage, personal injury or 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 approval of this permit. 3. [Final Plan Appr-aval shall be s .-e f.,,,, the Planning De. ;'hi Seerio 25 2 71 -pla s shall be sc mitte E)f f . , five days-pi-iE)-tE)+t develepmeot.]Construction of the proposed classrooms, bathroom facilities and related improvements shall be completed within five (5) years from the effective date of this amendment to Special Permit No. 549. Prior to construction, the Applicant shall secure Final Plan Approval for the proposed facilities from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structure(s), fire protection measures, paved driveway access and parking stalls associated with -10- the proposed use. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscapes Requirements) and Chapter 25 (Zoning Code), Hawaii County Code. 4. [ sehoo' ttse shall be eampleted , 4hi *hr-ee year-s *herea ]Water usage via the existing County water meter on TMK (3) 7-4-006:037 shall not exceed an average daily usage of 400 gallons for the proposed use. The Department of Water Supply may install a flow reducing device on the meter should the consumption through the existing meter exceed its rated capacity. Additional potable water requirements will be the responsibility of the Applicant to develop, construct and maintain for the school use. 5. Prior to the issuance of a water commitment by the Department of Water Supply (DWS) for TMK (3) 7-4-006:046, the Applicant shall submit the anticipated maximum daily water usage calculations as prepared by a professional engineer licensed in the State of Hawaii to DWS. A water commitment deposit shall be paid to DWS within 180 days from the effective date of this amendment to Special Permit 549 in accordance with Rule 5 of DWS Rules and Regulations. The applicant is responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. 6. Prior to the issuance of Final Plan Approval for the proposed amendment, the Applicant shall dedicate and record with the Bureau of Conveyances the roadway lots and easements created by Subdivision No. 09-000878 and Subdivision No. 10- 000981, meeting with the approval of the Department of Public Works. [�]7 [ ]Access to the subject properties shall meet with the approval of the Department of Public Works. [6]8. [ rair ct-at-ac7—rvcircrvrrcv--veccetef-Miirccc-v�' ae-pis=cfic-vrr-crm=rc—r�E)izcS--arter- -11- T of the revise a tf ffie re-pa—.]Prior to the issuance of Final Plan Approval for the proposed amendment, the Applicant shall provide the Planning Department with verification of passing final inspection from the Department of Public Works for the Permit to Work Within The County Right-Of-Way, issued on July 24,2009. [-7]9. The [ap ]Applicant shall submit a maintenance agreement in accordance with and approved by the Department of Public Works, to clear and maintain the vegetation in the right of way along Palani Road for sight distance purposes, prior to [seeg]the issuance of Final Plan Approval for the proposed amendment. 19110. The Applicant shall [ ]establish a school zone to include installation of flashing beacons on Palani Road,in accordance with and meeting the requirements of the Department of Public Works, Traffic Division, prior to the issuance of Final Plan Approval for the proposed amendment[ ]. 11. All development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. Prior to receipt of Final Plan Approval, a drainage study shall be prepared, and the recommended drainage system shall be constructed meetingthe he approval of the Department of Public Works, Engineering Division prior to issuance of a Certificate of Occupancy. 12. All activities shall comply with the requirements of Hawaii County Code, Chapter 10, Erosion and Sedimentary Control. 13. Any construction within the road right-of-way shall comply with the requirements of Hawaii County Code, Chapter 22, County Streets. [9]14. The primary school shall be limited to an enrollment of[4-99]210 students. [4-9]15. The Applicant shall be responsible for compliance[] with all other applicable laws, rules, regulations and requirements, including those of the Departments of Health, Fire, Water Supply and Public Works. [4-4-]16. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of this amendment. The report shall include,but not limited to,the status of the development and to what extent the conditions of approval are being complied with. This condition shall remain in effect until all of the conditions of -12- approval have been complied with and the Planning Director acknowledges that further reports are not required. [4-2]17. [n., oxte s o of time fa-rhorer-fa-:„a o f a ,a;to s , ;rh;., rhor w,;tMay b g to ham, rho nlafi ifig Difeetar the f llo ; g eirettfflstafl ) rho flan the the Cielle•-a Pizcode;-e) •,t.,g of nce iffl, a-c ,,1d flat forper-fbflxn afl acea�a eandition to beper-fefill'a ` ;rh;•, `•e�e�ceadea to One zttit-ti��tt't e-, shah, a any of rho .,.bons not be met . .]An extension of time for the performance of conditions within the permit may be granted by the Director upon the following circumstances: a) 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 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 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). -13- e) If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the Planning Commission for appropriate action. 18. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate procedures to revoke this Special Permit. -14-