HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-SPP-2024-000063) RKro11SPP.5.16.2024
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
BRIAN KROLL
SPECIAL PERMIT APPLICATION NO. PL-SPP-2024-000063
Upon review of the request against the guidelines under Rule 6 of the Planning
Commission Rules of Practice and Procedures for granting a Special Permit,the Planning Director
is recommending that this request to allow the establishment of a temporary and permanent
church and related uses be approved by the Planning Commission. Since this recommendation
is made without the benefit of public testimony,the Planning 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 a Special Permit to establish and operate a temporary
and permanent church and related uses on a 1-acre parcel of land situated in the State Land
Use Agricultural District. The proposed church facility consists of the following
components:
■ A 1,650 square foot open air pavilion with one enclosed wall for regularly scheduled
worship services, one 650 square foot covered deck, one 256 square foot covered deck
for community uses, two detached bathroom facilities, and potable and non-potable
water tanks.
■ A gravel driveway from 24th Avenue, a 22-stall gravel parking lot, and 1 paved,ADA
accessible parking stall situated near the proposed pavilion.
■ Until the permanent facility is constructed, the applicant proposed to erect a temporary
canopy tent and portable toilets to accommodate regular services. Temporary building
permits will be sought for this proposed use.
The applicant owns the Pacific Baptist Church (PBC), which is an independent
Baptist Church that strives to provide a safe and protected place of worship and fellowship
for individuals from diverse backgrounds who share a common belief in God through the
teaching of sound doctrines found in the Bible. The PBC originally operated in Hilo. The
applicant purchased the subject property in HPP in 2017 with the intention of relocating
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his church services when the former property lease expired, and rent was raised. The
applicant has been hosting church services and other activities in his home on an adjacent
parcel for the last few years but would like to construct a permanent facility under the
requested Special Permit.
The applicant proposes to hold regular worship services on Sundays between 9 a.m.
and 1:00 p.m. and on Wednesdays between 6:15 p.m. to 7:15 p.m. Additionally, the
applicant proposes to offer free food distribution events on the 3rd Saturday of the month
between 10:30 a.m. and 1:00 p.m. Finally, the applicant proposes to host guest speaker
events 2 times per year for 2-3 nights between the hours of 6:15 p.m. and 7:30 p.m. Regular
worship services are anticipated to attract an average of 30 attendees, while the food
distribution and guest speaker events are expected to draw a maximum of 50 attendees.
The applicant plans to begin the building Permit process immediately after issuance
of the Special Permit. Construction is anticipated to take approximately 12 months and cost
roughly $100,000.
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
Agricultural District that would not be contrary to the effectiveness and objectives of
Chapter 205, Hawaii Revised Statutes, as amended.
In recognizing that lands within agricultural districts might not be best suited for
agricultural activities and yet classified as such, and in recognition that certain types of
uses might not be strictly agricultural in nature, yet reasonable in such districts, the
legislature has provided for the Special Permit process to allow certain unusual and
reasonable uses within the Agricultural district.
In addition, the State Land Use Law and Regulations are intended to preserve,
protect, and encourage the development of lands in the State for those uses to which they
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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 subject, 1-acre property is rectangular in shape and located on 24th Avenue
within the Hawaiian Paradise Park(HPP) subdivision. It has been cleared and graded and
is currently vacant of any structures or improvements. The applicant proposes to use a
portion of the property to establish the temporary and permanent church use and intends to
utilize the remainder of the property for small-scale farming.
Soils for this site are classified as Keaukaha highly decomposed plant material
(2klld) with 2 to 10 percent slopes. This soil type is made from organic material over
pahoehoe lava flows. It is considered well-drained, has a high runoff class, and is not
considered prime farmland. The parcel is designated as"E"or"Very Poor"for agricultural
productivity by the Land Study Bureau's Detailed Land Classification System. The
property is also considered "unclassified" on the Agricultural Land by the Department of
Agriculture's ALISH Map.
Based on the preceding,the proposed temporary and permanent church and related
facilities are a reasonable use in that they are not agricultural in nature and are considered
reasonable as the proposed use will not adversely affect the preservation and agricultural
use of the County's prime agricultural lands and is not contrary to the objectives sought to
be accomplished by the State Land Use Law and Regulations.
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 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.
(B) The desired use shall not adversely affect the surrounding properties.
All adjacent land to the north, east, south, and west are zoned Agricultural-I Acres
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(A-la) and contain single-family residences. Surrounding properties are residential in
nature, some with light agricultural use. There are dwellings approximately 20 feet to the
northwest (owned by the applicant) and 2 dwellings located approximately 50 feet to the
southwest on adjacent parcels.
According to the applicant, noise during weekly service will be limited and
minimal. A microphone with an amplifier is typically used, however,both are very low in
volume. Traditional hymns are played throughout the service using piano, ukulele, and
harmonica, which are inherently low volume instruments that are not expected to cause
significant noise impacts. However, given the proposed church's close proximity to
adjacent dwellings, the open-air character of the proposed pavilion, and the lack of a
vegetative buffer surrounding the proposed uses to mitigate noise impacts, the Planning
Director is including a condition prohibiting amplified sound, except for the use of a
portable amplified (PA) system and microphone to be used for speaking.
As represented by the applicant, the hours of operation will be Sundays between 9
a.m. and 1:00 p.m. and on Wednesdays between 6:15 p.m. to 7:15 p.m. Free food
distribution events will be held on the 3rd Saturday of the month between 10:30 a.m. and
1:00 p.m. Finally, guest speaker events will occur 2 times per year for 2-3 nights between
the hours of 6:15 p.m. and 7:30 p.m. A condition of approval will require compliance with
these representations.
The applicant anticipates approximately 15 cars for weekly service on Sunday
morning and Wednesday evening, and 23 cars for monthly food donation events and
periodic speaker events.According to the applicant,these events are not expected to cause
a significant or long-term increase in traffic, as they will occur outside of peak traffic hours.
A condition of approval will require all parking to occur on-site in designated parking stalls
and not on the roadway.
It is not anticipated that the church use will have any visual impact as the proposed
pavilion and related infrastructure is consistent with the residential character of the
surrounding community.
Based on the preceding it is not anticipated that the proposed use will adversely
affect the surrounding properties.
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(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 parcel and permit area will be provided by a single gravel
driveway from 24th Avenue, a privately owned and maintained roadway with 20 feet of
pavement within a 40-foot right-of-way.The applicant will install a 22-stall,gravel parking
area and a concrete walkway connecting the parking lot to the proposed pavilion. There
will be one paved,ADA compliant parking stall close to the proposed pavilion.
County water is not available to the subject property. The applicant proposes to
install a 10,000-gallon catchment tank to serve non-potable and fire suppression water
needs and will install a separate, closed water tank to for potable water needs, which will
be supplied by trucked-in,potable water.A condition of approval will require the applicant
to comply with Fire Code requirements for sufficient fire suppression water.
There is no county sewer system in the area. The applicant proposes constructing 2
ADA accessible restrooms,which will be supported by an existing Individual Wastewater
System (IWS) approved by the Department of Health with sufficient capacity to support
the 2 proposed bathrooms. The preceding will be added as a condition of approval.
Until the permanent facility is constructed, the applicant proposes to erect a
temporary canopy tent and portable toilets to accommodate regular church services. A
condition of approval will require the applicant to secure and maintain temporary building
permits from the Department of Public Works. To ensure that the applicant constructs the
permanent church facility in a timely fashion, the Planning Director recommends limiting
the temporary church use to one year(with the possibility of up to a one-year time extension
through an administrative time extension). Conditions of approval will require 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 determined to be outside the 500-year flood
plain. Electrical and telephone services are available to the property. Police, fire, and
medical services are available in Kea`au. Based on the preceding, the requested use will
not burden public agencies to provide additional services.
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(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 "non-agricultural" services and uses may be allowed.
Since the district boundaries were established,the population of Hawaiian Paradise
Park has significantly increased, thus there has been an increased demand for community
and religious services in this rural subdivision, as is evidenced by the approval Special
Permits for 9 churches within 2 miles of the subject property since 1985. Approval of the
Special Permit will continue to meet the need for community/religious services on aportion
of a 1-acre parcel, while leaving the remainder of the property available for agricultural
uses.
(E) The land upon which the proposed use is sought is unsuited for the uses
permitted within the district. The property's soils are classified as "E" or Very Poor by
the Land Study Bureau's Overall Master Productivity Rating and are undesignated by the
Department of Agriculture's ALISH Map. Despite this, the applicant proposes to use the
remainder of the property for small-scale farming uses. Based on the preceding, the
proposed church use will not have a negative impact on the agricultural use of the property
(F) The proposed use will not substantially alter or change the essential
character of the land and the present use.
As previously mentioned, the land has been historically used for grazing cattle and
is predominantly an arid, rugged landscape, with grasses and sparse vegetation. The
proposed construction of a church and related uses will be limited to the permit area on the
makai side of the property and will not substantially change the essential character of the
remainder of the land and the present use.
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(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.
The subject property is designated as Rural by the General Plan, which includes
existing subdivisions in the State Land Use Agricultural and Rural districts that have a
significant residential component. Typical lot sizes vary from 9,000-square feet to two
acres. These subdivisions may contain small farms,wooded areas, and open fields as well
as residences. Allowable uses within these areas, with appropriate zoning, may include
commercial facilities that serve the residential and agricultural uses in the area, and
community and public facilities.
The approval of the subject request would support the goals and policies of the
Land Use and Economic elements of the General Plan.
Land Use Element
■ Designate and allocate land areas inappropriate 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
■ Economic development and improvements shall be in balance with the physical and
social environments of the island of Hawai`i.
■ 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.
■ The County shall strive for diversification of its economy by strengthening existing
industries and attracting new endeavors.
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Based on the preceding,the proposed request is consistent with the Rural LUPAG
designation and Land Use and Economic goals and policies of the General Plan.
The Puna Community Development Plan (PCDP) does not specifically address
Special Permits for Churches on agricultural lands,however,the PCDP generally supports
the development of social services and community support facilities for the residents of
Puna. Approval of the proposed request will allow the applicant an opportunity to improve
the quality of life in this area while providing a service to residents in the community.
Based on the preceding,the request is consistent with the goals and objectives of the PCDP.
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 property is located approximately 3 miles from the nearest
shoreline, is 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 property. As such, 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: Nor formal archaeological or botanical studies
were included in the application.
The valued cultural, historical, and natural resources found in the special permit
area: As the subject parcel was completely cleared and graded after the applicant purchased
the property in 2017, it is unlikely that any valued historical resources exist. Furthermore,
no known archaeological sites,historical, or cultural resources are located on the property.
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It is not known whether the subject site or immediate area was ever used for traditional and
customary rights by native Hawaiians.
The property is completely cleared and is mostly maintained grass lawn. Faunal
species are primarily introduced bird species, domestic and feral animals, none of which
are listed or endangered.
Possible adverse effect or impairment of valued resources: Native plants and/or
endangered species are unlikely to be impacted by the proposed development due total
clearing and grading of the subject property.
Feasible actions to protect native Hawaiian rights: As stated by the applicant, it is
not known whether the subject site or immediate area was ever used for traditional and
customary rights by native Hawaiians. Thus, 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 applicant
remains responsible for complying with all other applicable governmental requirements in
connection with the proposed use, prior to its commencement or establishment upon the
subject properties.Additional governmental requirements may include the issuance of
building permit, 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 establish and operate a temporary and permanent Church and related uses
be approved. Approval of this request is subject to the following conditions:
1. The applicant, their successor(s), or assign(s) shall be responsible for complying
with all stated conditions of approval.
2. The operation of the Church and related uses shall be conducted in a manner that is
substantially representative of plans and details contained within the Special Permit
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Application received by the Planning Department and any representations made to
the Windward Planning Commission. Any substantial expansion or uses beyond
what is represented in these documents shall require an amendment to this permit.
3. The temporary church use shall be limited to a period of 12 months. Prior to
commencing operation of the temporary church, the applicant shall secure a
temporary building permit from the Department of Public Works. Should the
temporary permit be cancelled for any reason, the applicant shall cease operation
until receipt of a certificate of occupancy for permanent church use.
4. Prior to the submittal of plans for a building permit,the applicant shall secure Final
Plan Approval for the proposed development 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, driveway access and parking stalls, outdoor lighting (if any), and other
improvements associated with the proposed development.
5. Prior to occupancy of structures for the proposed use,the applicant shall secure and
finalize all required building permits from the Department of Public Works,
Building Division.
6. Prior to occupancy of permanent structures for the proposed use,the applicant shall
construct bathroom facilities meeting with the approval of the Department of Public
Works and shall install a wastewater system meeting with the requirements of the
State Department of Health.
7. The applicant shall install, construct, and maintain improvements for Fire
Department Access Road (FDAR) access to the permit area and fire suppression
improvements,including but not limited to on-site water storage, as required by the
Fire Department.Upon successful completion of the improvements and prior to the
commencement of the proposed use, the applicant shall provide the Planning
Department documentation from the Fire Department that the improvements meet
Fire Code standards.
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8. As represented by the applicant, the hours of operation will be Sundays between 9
a.m. and 1:00 p.m. and on Wednesdays between 6:15 p.m. to 7:15 p.m. Free food
distribution events shall be limited to the 3rd Saturday of the month between 10:30
a.m. and 1:00 p.m. And guest speaker events will be limited to 2 times per year for
2-3 nights between the hours of 6:15 p.m. and 7:30 p.m.
9. To mitigate noise impacts on surrounding properties, the use of amplified sound
shall be prohibited, except for the use of a portable amplified (PA) system and
microphone to be used for speaking.
10. Temporary and permanent church parking will be entirely on site with no parking
allowed on 24th Avenue.
11. All development-generated runoff shall be disposed of onsite and shall not be
directed toward any adjacent properties. Additionally, a drainage study shall be
prepared prior to Plan Approval and the recommended drainage system shall be
constructed meeting the approval of the Department of Public Works, Engineering
Division, prior to occupancy of structures for the proposed use.
12. All earthwork and grading shall conform to Chapter 10, Erosion and Sedimentary
Control, of the Hawaii County Code.
13. In the event that surface or subsurface historic resources, including human skeletal
remains, structural remains (e.g. rock walls, terraces, platforms, etc.), cultural
deposits, marine shell concentrations, sand deposits, or sink holes are identified
during the demolition and/or construction work, the applicant shall cease work in
the immediate vicinity of the find,protect the find from additional disturbance and
contact the Department of Land and Natural Resources-State Historic Preservation
Division (DLNR-SHPD) at (808) 933-7651. Subsequent work shall proceed upon
an archaeological clearance from DLNR-SHPD when it finds that sufficient
mitigation measures have been taken.
14. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations, and requirements in connection with the approved use, prior to
its commencement or establishment upon the subject properties.
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15. An initial 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, 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 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).
16. Should any of these conditions not be met or substantially complied with in a timely
manner,the Director may initiate procedures to revoke this Special Permit.
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