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HomeMy WebLinkAboutPD Background & Recommendation Report (PL-USE-2024-000024) B WaikoloaB aptistUSEAmend.crk.4.23 24 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND AND RECOMMENDATION WAIKOLOA BAPTIST CHURCH AMENDMENT TO USE PERMIT NO. 99 (PL-USE-2024-000024) WAIKOLOA BAPTIST CHURCH has submitted a request to amend Use Permit No. 99 by removing TMK 6-8-002:056, consisting of 1.056 acres of land from the original, 12.381-acre permit area. Use Permit No. 99 allowed the establishment of a church, day care facilities, mission residences, recreational area, and related improvements on 12.381 acres of land situated within the Single-Family Residential- 10,000 square foot (RS- 10) zoning district. The project site is situated within Waikoloa Village at the northwest corner of the Paniolo Drive and Pu`u- Nui Street intersection, Waikoloa, South Kohala, Hawaii, TMKs: (3) 6-8-002:031 & :056. APPLICANT'S REOUEST 1. Request: The applicant is requesting to amend Use Permit No. 99 by removing TMK (3) 6-8-002:056 (parcel 056), consisting of 1.056 acres of land from the original, 12.381-acre permit area. Should this amendment be approved, TMK (3) 6-8-002:031 (parcel 03 1) consisting of 11.325 acres would be subject to Use Permit No. 99. (Planning Department Exhibit 1 —Use Permit Amendment Request). 2. Reasons for the Request: The applicant sold parcel 056 to the Waikoloa Lutheran Church in 2016 and that new owner submitted a Use Permit application in 2023 (PL- USE-2023-000018) to develop a church and related improvements on that parcel. As the parcel is already covered under Use Permit No. 99, the Planning Director requested that the applicant submit the amendment request as a housekeeping measure to ensure that the same land area is not covered by two Use Permits, should the Planning Commission approve the new Use Permit request. 3. Landowner: Waikoloa Baptist Church. BACKGROUND INFORMATION 4. March 24, 1992: The Planning Commission approved Use Permit No. 99 to allow the establishment of a church, day care facilities, mission residences, recreational area, and related improvements on 12.381 acres of land. -1- 5. March 1, 1993: Hawaii Baptist Convention requested a 12-month extension of time to Condition No. 2, wherein to secure Final Plan Approval for Phase I. The primary reason for the request was due to illness of the pastor. 6. April 8, 1993: The Planning Director granted an administrative time extension to comply with Condition No. 2 until March 24, 1994. 7. January 28, 1994: Hawaii Baptist Convention requested a second 12-month extension of time to secure Final Plan Approval for Phase I (Condition No. 2). The reason for the request was due to the death of the pastor. 8. February 9, 1994: The Planning Director granted a second administrative approval for an extension of time to comply with Condition No. 2 until March 24, 1995. 9. July 7, 1994: Final Plan Approval for the new church and day care center building was secured. 10. September 15, 1994: Building Permit No. 945735 was issued for the church and day care center building. The building was completed on August 22, 1996. 11. August 1, 1996: The Planning Commission approved an amendment to Condition No. 8 Curb, Gutter, and Sidewalk Improvements)to allow the improvements to be completed in two phases prior to December 31, 1999. The entire length of the property fronting Paniolo Avenue was improved with curb, gutter, and sidewalk as of 1998. 12. July 21, 2006: The Planning Commission approved amendment requests for Condition No. 4 (time to secure Final Plan Approval) and Condition No. 5 (time to complete construction) of Use Permit No. 99. 13. January 26, 2016: Approval date of SUB 13-001251, which subdivided the original property into 2 parcels (parcel 031-11.325 acres and parcel 056-1.056 acres). 14. September 15, 2016: Planning Commission approved amendment requests for Condition No. 4 (time to secure Final Plan Approval) and Condition No. 5 (time to complete construction) and Condition No. 7 (timing of road improvements) of Use Permit No. 99 (Planning Department Exhibit 2-Use Permit 99 amendment approval dated October 4,2016). -2- 15. March 10, 2017: The Planning Department issued Final Plan Approval for the development of a church/community center, new parsonage building, basketball court, ball fields,parking, and related improvements. 16. June 15, 2017: The Planning Commission approved Use Permit No. 17-000068 to allow the construction of a new, non-manned telecommunication facility, consisting of a 60- foot-tall steel "monopalm" telecommunication tower and related facilities within a 750- square foot portion of parcel 031. STATE AND COUNTY PLANS 17. State Land Use Designation: Urban. 18. General Plan LUPAG MAP: Low Density Urban. 19. County Zoning: Single Family Residential - 10,000 square feet(RS-10). 20. South Kohala Community Development Plan (SKCDP): The SKCDP, adopted by Ordinance No. 08 159 on December 1, 2008, affects the subject property. 21. Special Management Area (SMA): The subject property is located approximately 4.2 miles from the nearest shoreline and is not situated within the Special Management Area. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 22. Description of Properties: The subject permit area consists of two properties totaling 12.381 acres of land. Parcel 031, consisting of 11.325 acres of land is improved with a day care center that is also used for religious services, a single-family dwelling used as a parsonage for the pastor, a detached garage, and related improvements. As referenced above, parcel 056 was created in 2016 and is currently vacant of any structure or improvements with limited vegetation. 23. Surrounding Zoning/Land Uses: The surrounding lands are similarly zoned RS-10. To the north of the subject property is the Waikoloa Elementary School and single-family dwellings. To the south and east of the subject property are single-family dwellings. 24. Public Access: There is no public access to the mountains or the shoreline that runs through the property. 25. Access: Access to the subject parcel is from Paniolo Avenue, which is a County- maintained roadway having an 80-foot wide right of way with a pavement width of 64 feet. -3- 26. Water: Water service is available to the property from a private water system in Waikoloa, however,the proposed amendment will not change water needs for the parcel. 27. Wastewater: The proposed amendment will not change wastewater generation. 28. Utilities: Electrical and phone services are available from HELCO and Hawaiian Telcom via underground lines from Paniolo Avenue. All other utilities and services are available to the project site. AGENCIES COMMENTS 29. Department of Public Works: (Planning Department Exhibit 3 — April 10, 2024, Memo) 30. Department of Environmental Management: (Planning Department Exhibit4 — April 3,2024,Memo) 31. Department of Health: (Planning Department Exhibit 5 —March 15, 2024,Memo) AGENCIES -NO COMMENT/CONCERN 32. Police Department. AGENCIES -NO RESPONSE 33. Department of Water Supply, Department of Public Works-Traffic Division, Fire Department, State Land Use Commission, State Office of Planning and Sustainable Development, State Department of Agriculture, Department of Land and Natural Resources, and Waikoloa Community Association. PUBLIC COMMENTS 34. As of this writing, the Planning Department has not received any letters of support or opposition from the public regarding the proposed request. PLANNING DIRECTOR'S RECOMMENDATION This amendment request has been submitted at the behest of the Planning Director to remove the 1.056-acre land area (parcel 056) from under the control and requirements of Use Permit No. 99 as Waikoloa Lutheran Church has submitted a Use Permit application to develop a church and related improvements on that parcel. This is being done as a housekeeping measure to avoid two Use Permits on the same parcel of land for a church. -4- Should the Planning Commission approve this amendment request, conditions and requirements of Use Permit No. 99 will control the development and operation of the uses on the remaining 11.325-acre land area (parcel 031), and development of parcel 056 will be consistent with requirements and conditions of a new Use Permit, should it be approved by the Planning Commission. Lastly, this approval is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the approved use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, 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. Based on the preceding findings, the Planning Director recommends that the request to amend Use Permit No. 99 by removing TMK(3) 6-8-002:056, consisting of 1.056 acres of land from the original, 12.381-acre permit area, be approved by the Planning Commission. There are no new recommended conditions of approval. -5- USE PERMIT APPLICATION COUNTY OF HAWAII PLANNING COMMISSION (Type or legibly print the requested information) APPLICANT(S): ��Gkok f c_ -De-11,11n APPLICANT'S SIGNATURE: DATE: 3� z�2� ADDRESS: (j] - 10,J LIST APPLICANT'S INTEREST (if not owner): PHONE: (Bus.) 6C76 5'5`1 -OL010(Res.) (Email) REQUEST: —10 C AA c� LSA 7�tZ�M`r t�3SG �}�l� ' c3 �,+' woe 'T-0 pSle TAX MAP KEY(S): r'Jy b`b- ZONING: (SX,-6 SIZE OF PROPERTY /AREA OF REQUESTED USE:[3)b .` 1��Kfi�•�Gt � f i•t �� 'y LANDOWNER(S): \j4A 1V,0LeA 15.4j;- K-i CNi-I-t-* FEE SIMPLE LANDOWNER(S) WRITTEN AUTHORIZATION (may be provided by letter with the below statement included): DATE- Z2. Z 2o-' DATE: AGENT: AGENT ADDRESS: PHONE: (Bus.) (Res.) (Email) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: UQc�Akt,"Jon. e:kW.', COPIES: � c:,���, �+c,•�aL `���`ic1'�1 �V1.c_ Planning Dept. Exhibit i I February 22nd,2024 From:WAIKOLOA BAPTIST CHURCH To: PACIFIC AMA DESIGN, LLC Re: AUTHORIZATION TO ACT ON BEHALF OF OWNERS To whom this may concern: Please accept this letter as formal written authorization for Christian Renz of Pacific Aina Design, LLC to sign on behalf of Waikoloa Baptist Church (or any different spelling pertaining to the owner's property), Pacific Aina Design, LLC shall be allowed to sign on behalf of the owner,Waikoloa Baptist Church,for the purposes related to the planning and amendment of existing Use Permit#99 for TM (3) 6-8-002:031& 056 including but not limited to filing for county and state approvals, correspondences and filings for permits (le, Use permit,responses to planning regarding amendment of permit,filing affidavits,etc). This letter of authorization shall remain in effect for one (1)year from the date of this letter and then authorization shall no longer be valid. Please contact Pastor Trent Thompson with any questions or comments. Sincerely, Pastor Trent Thompson Authorized Signer,Waikoloa Baptist Church J�tv 0.of William P.Kenoi �'t Keith F.Unger,Chair Mayor `�:« Collin Kaholo,Vice Chair Nancy Carr Smith Scott Church o:'A Barbara Nobriga Oliver"Sonny"Shimaoka County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 OCT - 4 2018 Mr. Fritz Harris-Glade, AIA FHG Architects AIA P.O. Box 4476 Kailua-Kona, HI 96745 Dear Mr. Harris-Glade: SUBJECT: Use Permit No. 99 (Docket No. USE 92-000001) Applicant: Waikoloa Baptist Church Request: Amendment to Condition Nos. 4 (Secure Final Plan Approval), 5 (Complete Construction), and 7 (Road Improvements) Tax Map Key: 6-8-002:031 & 056 The Leeward Planning Commission, at its duly held public hearing on September 15, 2016, voted to approve the above-referenced request for an amendment to Condition No. 4 (secure Final Plan Approval), Condition No. 5 (complete construction), and Condition No. 7 (road improvements) of Use Permit No. 99, which allowed the establishment of a church, day care facilities, mission residences, recreational area and related improvements of 12.381 acres of land situated within the Single-Family Residential-10,000 square foot(RS-10) zoning district. The project site is situated within Waikoloa Village at the northwest corner of the Paniolo Drive and Pu`u-Nui Street intersection, Waikoloa, South Kohala, Hawaii. Approval of these amendments is subject to the following conditions: 1. The petitioner, its successors or assigns shall be responsible for complying with all conditions of approval. 2. Final Plan Approval for Phase I and related improvements shall be secured from the Planning Department within one year from the effective date of this permit. To assure adequate time for plan approval review in accordance with Chapter 25-2-72 (Zoning Code), plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured. Detailed landscaping, parking, and interior traffic circulation patterns shall be included on plans submitted. Planning Dep-,, Hawai`i County is an Equal Opportunity Provider and Employer Exhibit 2 OCT 0 4 2016 Mr. Fritz Harris-Glade, AIA FHG Architects AIA Page 2 3. Construction of Phase I shall commence(building permit)within one year from the date of receipt for Final Plan Approval and shall be completed within two years thereafter(certificate of occupancy). 4. Final Plan Approval for the remainder of the development and related improvements shall be secured from the Planning Department within two(2) years from the effective date of this amendment. To assure adequate time for plan approval review and in accordance with Chapter 25-2-72 (Zoning Code),plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured. Detailed landscaping, parking,and interior traffic circulation patterns shall be included on plans submitted. 5. Construction of the remainder of the development shall be completed(certificate of occupancy)within five years from the effective date of this amendment. 6. The applicant shall prepare and submit a drainage study of the subject property for the review and approval by the Department of Public Works. The applicant shall provide all drainage improvements as may be required by the Department of Public Works prior to the issuance of a certificate of occupancy of the proposed development. 7. Access to the project site, including adequate sight distance, shall meet with the approval of the Department of Public Works prior to the issuance of a certificate of occupancy for any structure in Phase I. The applicant shall also restripe that portion of Paniolo Drive in the vicinity of the subject property to include a left turn lane at a time to be determined by and in the manner meeting with the approval of the Department of Public Works. 8. Curb, gutter and sidewalk improvements shall be installed in two phases. The first phase of curb, gutter and sidewalk installation shall include the property frontage beginning at the northern boundary of the property to and including any access points and be completed prior to the issuance of a certificate of occupancy for Phase I of the development. The second phase of curb, gutter and sidewalk installation shall include the remainder of the property frontage and be completed prior to December 31, 1999. Mr. Fritz Harris-Glade,AIA FHG Architects AIA Page 3 9. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits,human burials, rock or coral alignments,pavings or walks be encountered, work in the immediate area shall cease and the Planning Department shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken. 10. The applicant shall comply with all applicable County, State and Federal laws, rules,regulations and requirements. 11. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the approval of this amendment. The report shall include,but not be 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 approval have been complied and the Planning Director acknowledges that further reports are not required. 12. An extension of time for the performance of conditions within the permit may be granted by the Planning 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 or 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 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). e) If the applicant should require an additional extension of time, the applicant shall submit its request to the Planning Commission for appropriate action. Mr. Fritz Harris-Glade,AIA FHG Architects AIA Page 4 Further, should any of the conditions not be met or substantially complied with in a timely fashion,the Director may initiate procedures to revoke the permit. [Note: Ramseyer version available upon request.] 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 Approval of this permit is based on the reasons given in the attached Findings Report. Should you have any questions,please contact Jeff Darrow of the Planning Department at(808) 961-8158. Sincerely, ki Keith F. Unger, Chairman Leeward Planning Commission LWaikoloabaptistchurchamendUSE991pc Enclosure: PC Findings Report cc: Waikoloa Baptist Church Department of Public Works Department of Water Supply County Real Property Tax Division-Hilo Planning Department-Kona GIS Section COUNTY OF HAWAII PLANNING COMMISSION FINDINGS Based on the below considerations, approval of the amendment requests to Use Permit No. 99 are approved. WAHKOLOA BAPTIST CHURCH has submitted an application to amend Condition No. 4 (secure Final Plan Approval), Condition No. 5 (time to construct remainder of development) and Condition No. 7 (road improvements) of Use Permit No. 99, which originally allowed the establishment of a church, day care facilities, mission residences, recreational area and related improvements on 12.381 acres of land situated within the County's Single Family Residential-10,000 square foot (RS-10) zoned district. The property is located within Waikoloa Village, at the northwest (makai) corner of Paniolo Drive and Pu`u-Nui Street intersection at Waikoloa, South Kohala, Hawaii, TMK: 6-8-002:031 &056. Use Permit No. 99 was originally approved by the Planning Commission on March 24, 1992, which allowed the establishment of a church, day care facilities,mission residences, recreational area and related improvements on 12.381 acres of land situated within the County's Single Family Residential-10,000 square foot (RS-10) zoned district. On July 21, 2006, the Planning Commission approved amendment requests for Condition No. 4 (time to secure Final Plan Approval) and Condition No. 5 (time to complete construction) of Use Permit No. 99, which allowed changes to the site plan, dropped the phasing of the project and allowed ten years to complete construction of the facility. The permit was subject in part to Condition No. 4, Condition No. 5 and Condition No. 7, which states: 4. Final Plan Approval for the remainder of the development and related improvements shall be secured from the Planning Department within two years from the effective date of this amendment. To assure adequate time for plan approval review and in accordance with Chapter 25-2-72 (Zoning Code), plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured. Detailed landscaping, parking, and interior traffic circulation patterns shall be included on plans submitted. 5. Construction of the remainder of the development shall commence (building permit) within one year from the date of receipt of Final Plan Approval for the remainder of the development and shall be completed within ten years thereafter (certificate of occupancy). 7. Access to the project site, including adequate sight distance, shall meet with the approval of the Department of Public Works prior to the issuance of a certificate of occupancy for any structure in Phase I. The applicant shall also restripe that portion of Paniolo Drive in the vicinity of the subject property to include a left turn lane at a time to be determined by and in the manner meeting with the approval of the Department of Public Works. In reviewing the requested amendments by the applicant, the Planning Director is recommending that Condition No. 4 and Condition No. 7 remain the same as the wording will apply even in this amendment request without any changes to the wording of the conditions. Condition No. 4 will allow the applicant two years from the "effective date of this amendment"to secure Final Plan Approval. Condition No. 7 does not have a time trigger but the condition remains in effect if the Department of Public Works asks the applicant to restripe the portion of Paniolo Drive in the vicinity of the subject property to include a left turn lane at a time to be determined by and in the manner meeting with the approval of the Department of Public Works. The Planning Director is recommending approval of the request for a 5-year time extension to complete construction as required by Condition No. 5 with a change to the wording to be more consistent with the language used in current approvals of similar requests. Additionally, the Planning Director is recommending that the option for the applicant to request an additional administrative time extension be allowed under Condition No. 12. This will allow additional time to complete construction without having to come back before the Planning Commission for approval if there are additional unforeseen pressures. This will give the applicant a total of ten (10) to complete the project. The following brief chronology of the project demonstrates the continuing and diligent efforts of the applicant to complete the project. • On March 24, 1992, the Planning Commission approved Use Permit No. 99 to allow the establishment of a church, day care facilities, mission residences, recreational area and related improvements on 12.381 acres of land. • On March 1, 1993, Hawaii Baptist Convention requested a 12-month extension of time to comply with Condition No. 2, wherein to secure Final Plan Approval for Phase I. • On April 8, 1993 the Planning Director granted an administrative approval for an extension of time to comply with Condition No. 2 until March 24, 1994. • On January 28, 1994, Hawaii Baptist Convention requested a second 12-month extension of time to secure Final Plan Approval for Phase I. The reason for the request was due to the death of the pastor. The Planning Director granted a second administrative approval for an extension of time to comply with Condition No. 2 until March 24, 1995. • On July 7, 1994, Final Plan Approval for the new church and day care center building was issued by the Planning Director. • Building Permit No. 945735 was issued for a day care, church, office, kitchen, hall, covered center lanai, 4 bedrooms, 1 and 1/2 bath and chapel on September 15, 1994 and was completed on August 22, 1996. • On August 1, 1996, the Planning Commission approved an amendment to Condition No. 8 (Curb, Gutter and Sidewalk Improvements) to allow the improvements to be completed in two phases prior to December 31, 1999. The entire length of the property fronting Paniolo Avenue was completed with curb, gutter and sidewalk as of 1998. • On July 21, 2006, the Planning Commission approved amendment requests for Condition No. 4 (time to secure Final Plan Approval) and Condition No. 5 (time to complete construction) of Use Permit No. 99, which allowed changes to the site plan, dropped the phasing of the project and allowed ten years to complete construction of the facility. Approval of this amendment request would not be contrary to the General Plan or the Zoning Code. The amendment to Condition Nos. 4, 5 & 7 would not be contrary to the original reasons for granting the Use Permit. The request would be consistent with the Land Use Element of the General Plan which states "Designate and allocate lands in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County„ and to "Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment." The granting of this request at this particular location will provide a convenient service to the growing residential community while maintaining the residential community and the residential character of the area. The property is zoned Urban and Single-Family Residential (RS-10), which allows a church as a permitted use if approval is received by the Planning Commission. Approval of Use Permit No. 99 was originally granted by the Planning Commission on March 24, 1992. Lastly, since the original approval and the amendment approval, the South Kohala Community Development Plan was adopted by Ordinance No. 08 159 on December 1, 2008. The church and requested amendment is consistent and not contrary with the policies and objectives of the plan. The inability of the applicant to comply with the requirements of Condition No. 4, 5 and 7 of Use Permit No. 99 is the result of conditions which could not have been foreseen or are beyond the control of the applicant. Delays in constructing the project were due to the severe economic conditions that could not have been foreseen and was beyond the control of the applicant. The Waikoloa Baptist Church Association has received a substantial donation from one of its members that will allow them to proceed with the remainder of the development. The applicant is requesting time extensions for Condition Nos. 4, 5 & 7 to complete construction of the remainder of the development. The approval of the amendment requests will allow the applicant to complete the remainder of the development as originally envisioned by the applicant and approved by the Planning Commission. DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: April 10, 2024 IffewaW0449 fL TO: Zendo Kern, Planning Director FROM: Department of Public Works, Engineering Division SUBJECT: USE PERMIT AMENDED APPLICATION (PL-USE-2024-000024) USE PERMIT NO. 99 (DOCKET NO. USE-92-000001) Applicant: Waikoloa Baptist Church Request: Amendment to Use Permit No. 99 to Remove Parcel Tax Map Key (3) 6-8-002:056 From the Permit Area TMK: 6-8-002:031 and 056 We have reviewed the subject request forwarded by your memo dated March 14, 2024 and have no objection to removing parcel 56 from the permit area. Questions may be referred to Robyn Matsumoto at 961-8924. Planning Dept. Exhibit 3 County of Hawaii is an Equal Opportunity Provider and Employer �';� bar;¢; Ramzi L Mansour Mitchell D.Roth Director Mayor Deanna S. Sako y,; �,:�` Brenda Iokepa-Moses Managing Director `OF"" Deputy Director County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT. 345 Kekuando`a Street,Suite 41 •Hilo,Hawaii 96720 • cohdem@hawaiicounty.gov Ph: (808)961-8083 •Fax: (808)961-8086 MEMORANDUM TO: Zendo Kern, Director Planning Department FROM: Ramzi I. Mansour, Direct r c1 . c Department of Environmental Management DATE: April 3, 2024 SUBJECT: Use Permit Amendment Application(PL-USE-2024-000024) Use Permit No. 99 (Docket No. USE-92-000001) Applicant: Waik6loa Baptist Church Request: Amendment to Use Permit No. 99 to Remove Parcel Tax Map Key (3) 6-8-002:056 From the Permit Area Tax Map Key: (3) 6-8-002:031 and 056, S. Kohala District,Hawaii The Solid Waste Division has reviewed the subject application and provides the following comments (Contact the Solid Waste Division for details). • Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. • Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. • Ample room should be provided for rubbish and recycling. • Green waste may be transported to the green waste sites located at the West Hawaii Organics Facility and East Hawaii Organics Facility, or other suitable diversion programs. • Construction and demolition waste is prohibited at all County Transfer Stations. The Wastewater Division has reviewed the subject application and provides the following comments (contact the Wastewater Division for details): • No County sewer system in area. Applicant shall follow Hawaii Department of Health, and all other applicable federal, state, and county regulations. Planning Dept. County of Hawai'i is an Equal Opportunity Provider and Employer Exhibit 4 JOSH GREEN, M.D. KENNETH S. FINK, M.D,MGA, MPH 6...........9 GOVERNOR OF HAWAII r�+•"ys9'�;' DIRECTOR OF HEALTH KE KIA'AINA O KA MOKU'AINA O HAWAI'I y,: KA LUNA HO'OKELE 4Q.�q•©.I�t�•r]oG� STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: March 15, 2024 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Use Permit Amendment Application (PL-USE-2024-000024) Use Permit No. 99 (Docket No. USE-92-000001) Applicant: Waik6loa Baptist Church Request: Amendment to Use Permit No. 99 to Remove Parcel Tax Map Key (3) 6-8-002:056 From the Permit Area Tax Map Key: (3) 6-8-002:031 and 056, S. Kohala District, Hawaii In most cases,the District Health Office will no longer provide individual comments to agencies or project owners to expedite the land use review and process. Agencies,project owners, and their agents should apply Department of Health "Standard Comments"regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: hLtps:Hhealth.hawaii.gov/epo/landuse/. Contact information for each Branch/Office is available on that website. Note: Agencies and proiect owners are responsible for adhering to all applicable standard comments and obtaining proper and necessary permits before the commencement of any work. General summary comments have been included for your convenience. However, these comments are not all-inclusive and do not substitute for review of and compliance with all applicable standard comments for the various DOH individual programs. Planning Dept. Clean Air Branch Exhibit 5 1. All project activities shall comply with the Hawaii Administrative Rules (HAR), Zendo Kern March 15, 2024 Page 2 of 4 Chapters 11-59 and 11-60.1. 2. Control of Fugitive Dust: You must reasonably control the generation of all airborne, visible fugitive dust and comply with the fugitive dust provisions of HAR §11-60.1-33. Note that activities that occur near existing residences, businesses,public areas, and major thoroughfares exacerbate potential dust concerns. It is recommended that a dust control management plan be developed which identifies and mitigates all activities that may generate airborne and visible fugitive dust and that buffer zones be established wherever possible. 3. Standard comments for the Clean Air Branch are at: https://health.hawaii._gov/epo/landuse/ Clean Water Branch 1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55. 1. The following Clean Water Branch website contains information for agencies and/or project owners who are seeking comments regarding environmental compliance for their projects with HAR, Chapters 11-53, 11-54, and 11-55: hLtps://health.hawaii.gov/cwb/clean-water-branch-home- page/cwb- standard-comments/. Hazard Evaluation & Emergency Response Office 1. A Phase I Environmental Site Assessment(ESA) and Phase II Site Investigation should be conducted for projects wherever current or former activities on site may have resulted in releases of hazardous substances, including oil or chemicals. Areas of concern include current and former industrial areas,harbors, airports, and formerly and currently zoned agricultural lands used for growing sugar, pineapple or other agricultural products. 2. Standard comments for the Hazard Evaluation& Emergency Response Office are at: haps://health.hawaii.gov/epo/landuse/. Indoor and Radiological Health Branch 1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11- 502, 11-503, and 11-504. 2. Noise may be generated during demolition and/or construction. The applicable maximum permissible sound levels, as stated in Title 11, HAR, Chapter 11-46, "Community Noise Control,"shall not be exceeded unless a noise permit is obtained from the Department of Health. 3. Construction/Demolition Involving Asbestos: If the proposed project includes renovation/demolition activities that may involve asbestos, the applicant should contact the Asbestos and Lead Section of the Branch at hlt2s://health.hawaii.gov/irhb/asbestos/. Safe Drinking Water Branch Zendo Kern March 15, 2024 Page 3 of 4 1. Agencies and/or project owners are responsible for ensuring environmental compliance for their projects in the areas of 1)Public Water Systems; 2) Underground Injection Control; and 3) Groundwater and Source Water Protection in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11- 25. They may be responsible for fulfilling additional requirements related to the Safe Drinking Water program: haps://health.hawaii.gov/sdwb/. 2. Standard comments for the Safe Drinking Water Branch can be found at: https://health.hawaii.gov/e/epo/landuse/. Solid &Hazardous Waste Branch 1. Hazardous Waste Program - The state regulations for hazardous waste and used oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the identification, handling, transportation, storage, and disposal of regulated hazardous waste and used oil. 2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters 339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282. Generators and handlers of solid waste shall ensure proper recycling or disposal at DOH-permitted solid waste management facilities. If possible,waste prevention, reuse, and recycling are preferred options over disposal. The Office of Solid Waste Management also oversees the electronic device recycling and recovery law, the glass advanced disposal fee program, and the deposit beverage container program. 3. Underground Storage Tank Program —The state regulations for underground storage tanks are in HAR Chapter 11-280.1. These rules apply to the design, operation, closure, and release response requirements for underground storage tank systems, including unknown underground tanks identified during construction. 4. Standard comments for the Solid& Hazardous Waste Branch can be found at: https://health.hawaii.gov/epo/landuse/. Wastewater Branch For comments,please email the Wastewater Branch at.doh.wwbgdoh.hawaii.gov. Sanitation/Local DOH Comments: 1. According to HAR §11-26-35,No person, firm, or corporation shall demolish or clear any structure without first ascertaining the presence or absence of rodents that may endanger public health by dispersal from such premises. Should any such inspection reveal the presence of rodents, the rodents shall be eradicated before demolishing or clearing the structure. A demolition permit is required prior to demolition. Zendo Kern March 15, 2024 Page 4 of 4 Other 1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit recommends that state and county planning departments, developers,planners, engineers, and other interested parties apply these principles when planning or reviewing new developments or redevelopment projects. 2. If new information is found or changes are made to your submittal, DOH reserves the right to implement appropriate environmental health restrictions as required. Should there be any questions on this matter,please contact the Department of Health, Hawaii District Health Office, at(808) 933-0917.