HomeMy WebLinkAboutPD RECOMMENDATION REPORT RHope DiamendSPR ak.6.5.24
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
HOPE DIA-MEND MINISTRIES CORPORATION
SPECIAL PERMIT APPLICATION NO. PL-SPP-2023-000058
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 construct and operate a church and
related uses on a 1-acre parcel of land situated in the State Land Use Agricultural District.
The applicant also wishes to temporarily use a canopy tent on site for church services for
18 months until the permanent facilities are constructed. The proposed church facility
consists of the following components:
■ A new, 1,600 square foot(40'x 40') enclosed church structure with a restroom facility.
The church will be constructed with walls that provide an adequate barrier to mitigate
noise impacts on surrounding property owners. Additional improvements include
potable and non-potable water tanks.
■ A gravel driveway from Ginger Blossom Lane and a 38-stall gravel parking lot,
including 4 ADA accessible parking stalls.
■ A vegetative buffer around three sides of the property to mitigate noise and visual
impacts.
■ Until the permanent facility is constructed,the applicant proposes to erect a temporary
tent structure and portable toilets to accommodate regular services. A temporary
building permit will be obtained for this proposed use. In order to mitigate noise
impacts, there will be no amplified sound during any services held in the temporary
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tent structure.
The applicant received a Notice of Complaint letter from the Hawaii County
Planning Department in September 2022 regarding unpermitted church use of the property.
According to the applicant, after the warning letter was issued, the landowner provided an
email indicating they had ceased to hold any further church services on the site,which was
acknowledged by the Planning Department in a letter dated October 14, 2022. However,
on March 15, 2023, the landowner received a Notice of Violation and Order stating that
the Planning Department was still receiving complaints from the community regarding the
ongoing unpermitted activity on the property. A Daily Fines Letter was also received on
July 24,2023, even though, according to the applicant,no church service had been held on
the property since receiving the initial warning letter. In addition,all information regarding
active services has been removed from the church website.This Special Permit Application
intends to legitimize a temporary and permanent church facility and related infrastructure
on site.According to the applicant,Hawaiian Ocean View Estates is a severely underserved
subdivision with a need for community church services.
The applicant proposes to hold three weekly services, including Sunday service
between 7:00 a.m. and 3:00 p.m., bible study classes on Tuesdays between 4:00 p.m. and
7:00 p.m., and worship practice on Wednesdays between 4:00 p.m. and 6:00 p. m. An
average of 50 people are expected to attend Sunday service and approximately 20 people
are expected for bible study classes on Tuesday nights including volunteers. Five people
will attend weekly worship practice on Wednesday evenings to practice music performed
on Sundays.
The applicant plans to begin the building Permit process immediately after issuance
of the Special Permit. Permitting and construction is anticipated to take approximately 2
years 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
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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
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 Ginger Blossom
Lane within the Hawaiian Ocean View Estates(HOVE)subdivision.The property has been
cleared of vegetation and graded and is currently unimproved with any permanent
structures or improvements. According to the applicant, temporary structures currently on
the property include a wooden shade cover, three shipping containers for storage, and a
mobile trailer toilet facility.
Soils for this site are classified as A`a lava flows with 2 to 20 percent slopes(2klfr).
This soil type is excessively drained and has a very low runoff class. It 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
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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-1 Acres
(A-la) and consist of single-family residences and vacant land. The closest dwelling is
located approximately 80 feet to the northeast of the subject parcel.
In response to public testimony regarding disruptive noise from church services on
the subject property, the applicant has proposed several mitigation measures to minimize
sound disturbances to surrounding properties, including a vegetative buffer to be planted
on three sides of the property, which is expected to reach maturity in growth in 2 years.
Additionally, the applicant modified the original request for an open pavilion with the
proposal to construct an enclosed church with walls that provide an adequate barrier, to
ensure sound impacts to surrounding properties will be negligible. Further, while services
are held in the temporary tent structure, the applicant proposes to use no amplified sound.
However, given the proposed church's close proximity to adjacent dwellings and the lack
of an existing vegetative buffer surrounding the proposed uses to mitigate noise impacts,
the Planning Director is including a condition prohibiting amplified sound in the temporary
church.
As represented by the applicant, the hours of operation include Sunday service
between 7:00 a.m. and 3:00 p.m., bible study classes on Tuesdays between 4:00 p.m. and
7:00 p.m., and worship practice on Wednesdays between 4:00 p.m. and 6:00 p.m. A
condition of approval will require compliance with these representations.
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The applicant anticipates approximately 38 cars for Sunday services based on
available parking, 10 to 15 vehicular trips for Tuesday services and 5 vehicle trips on
Wednesday evenings. These events are not expected to cause a significant or long-term
increase in traffic, as they will occur outside of peak traffic hours.
According to the HOVE Road Maintenance Corporation, parking is prohibited on
private roads in HOVE, and all parking shall be situated on the subject property. A
condition of approval will address this requirement.
It is not anticipated that the church use will have any visual impact as the proposed
facility and related infrastructure will be consistent with the rural residential character of
the surrounding community.
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 parcel will be provided by a single gravel driveway from
Ginger Blossom Lane, a privately owned and maintained roadway with approximately 20
feet of pavement within a 40-foot right-of-way. The applicant proposes to install a 38-stall,
gravel parking area including 4 ADA compliant parking stalls.
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,4,000-gallon closed water tank to for potable water needs.
According to the applicant, water will be trucked in to ensure sufficient potable and non-
potable water needs. 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 to utilize
portable toilets for wastewater generated by use of the temporary tent structure and to
construct a new individual wastewater system in conjunction with the permanent church
structure. Based on staff consultation with the Department of Public Works, Building
Division, construction of permanent bathroom facilities will be required pursuant to the
Building and Plumbing Codes as part of the building permit for the permanent facility. The
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preceding will also require the applicant to install an individual wastewater system meeting
with the requirements of the State Department of Health.
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. According to the Department of Public Works, Engineering Division (DPW), there
is an open grading violation on the property from 2022, when the property was entirely
graded without a proper permit. The applicant has indicated that they are working with a
civil engineer to resolve the matter.Thus, a condition of approval will require the applicant
to secure an after-the-fact grading permit from DPW prior to receipt of Final Plan
Approval.
Electrical service is not available to the site; thus, the applicant proposes to use a
generator to provide electricity. Telephone and internet services are available via mobile
networks.Fire, Police, and medical services are available from Ocean View,Na`alehu, and
Pahala respectively.
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
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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 HOVE has
significantly increased, thus there has been an increased demand for community and
religious services in this rural subdivision. Approval of the Special Permit will continue to
meet the need for community/religious services on the property.
(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. Based on the preceding, the subject property is
unsuited for agricultural uses permitted in the State Land Use Agricultural District.
(F) The proposed use will not substantially alter or change the essential
character of the land and the present use.
The applicant had developed the property and operated a church thereon within
temporary structures for approximately a year prior to the enforcement actions that
preceded this Special Permit application. Before that, the property was vacant. The
temporary and permanent church use will alter the essential character of the land in that it
will develop vacant land into occupied, community use. However,the proposed church use
will be consistent with the rural, residential nature of the surrounding community.
(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
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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 following goals and policies
of the Land Use element 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.
Based on the preceding,the proposed request is consistent with the Rural LUPAG
designation and goals and policies of the General Plan.
The property is situated within lands covered by Ka`u Community Development
Plan (KCDP), which was adopted in 2017. The property is situated within an area
designated as "Rural" by the KCDP Land Use Policy Map. The applicant's request is in
alignment with Policy 41 of the KCDP which states in part:
■ Special permits of any kind in the "Rural"Land Use Policy Map category should not
be permitted in the Kau CDP planning area, except for the following uses (as defined
in HCC Chapter 25).
■ Community Facilities: Community building, Meeting facilities, Schools,
Churches, temples and synagogues, public uses, and structures, including
those privately managed (e.g., road maintenance facilities), Tennis courts,
Swimming pools. (emphasis added)
■ The Planning Commission shall also include in any Special Permit approval
(or recommend for approval to the State Land Use Commission) appropriate
performance conditions to achieve CDP objectives and implement CDP
policies.
Based on the preceding, the request is consistent with the goals and objectives of
the KCDP.
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 6 miles from the nearest
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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: No commissioned archaeological studies were
conducted for the project area as the site has been fully cleared and has been previously
graded. Additionally, the most recent lava flow to cover the site occurred in 1907, thus it
is unlikely that historic or archaeological sites are present on the property.
The valued cultural, historical, and natural resources found in the special permit
area: According to the applicant, no known archaeological sites, historical, or cultural
resources are known to be located on the property. 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 graded, so there are no endangered or listed
floral species found on the property. 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.However,given the possibility of listed faunal
species within the area, a condition of approval will require the applicant to comply with
DOFAW recommendations for mitigating impacts on species if they are found to be
present.
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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
Application and additional information 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(1) one year. Prior to re-
commencing operation of the temporary church use, the applicant shall secure a
temporary building permit from the Department of Public Works. Should the
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temporary permit be cancelled for any reason, the applicant shall cease operation
until receipt of a certificate of occupancy for the permanent church.
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. Landscaping shall be
indicated on the plans and installed on the property 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 (Landscaping Requirements)
and Chapter 25 (Zoning Code),Hawai`i County Code.Bufferyard landscaping shall
conform to the standards for separation of a residential zone from a commercial
zone as provided for in Planning Department Rule No. 17, section 17-6 (b).
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.
8. As represented by the applicant, the hours of operation shall be limited to Sundays
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between 7:00 a.m. and 3:00 p.m., Tuesdays between 4:00 p.m. and 7:00 p.m., and
Wednesdays between 4:00 p.m. and 6:00 p.m.
9. To mitigate noise impacts on surrounding properties, the use of amplified sound
shall be prohibited for the temporary church and outside of the permanent enclosed
church structure.
10. Temporary and permanent church parking will be entirely on site with no parking
allowed on Ginger Blossom Lane.
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. Prior to issuance of Final Plan Approval,the
Applicant shall rectify the open grading violation with the Department of Public
Works, Engineering Division.
13. Should any state or federally listed or endangered species be found on the subject
property, the Applicant shall comply with all applicable requirements of
Department of Land and Natural Resources- Division of Forestry and Wildlife
and/or the United States Fish and Wildlife Service.
14. 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.
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15. 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.
16. 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).
17. 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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