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HomeMy WebLinkAbout2016-09-15 Leeward Exh A (Amend USE 99) LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT SEPTEMBER 15, 2016 A regularly advertised hearing on the application of WAIKOLOA BAPTIST CHURCH (Amend USE 99) was called to order at 9:31 a.m. in the West Hawai‘i Civic Center, Community Center, Building G, 74-5044 Ane Keohokālole Highway, Kailua-Kona, Hawai‘i, with Chairman Keith F. Unger presiding. COMMISSIONERS PRESENT: Keith F. Unger, Nancy Carr Smith, Scott Church, Collin Kaholo, Barbara Nobriga and Sonny Shimaoka ABSENT AND EXCUSED: Perry Kealoha ALSO PRESENT: Amy Self (Counsel for the Commission), Malia Ho (Deputy Corporation Counsel), Duane Kanuha (Planning Director), Daryn Arai (Planning Program Manager) and Noriko Sauer (Commission Secretary) And approximately thirty people from the public in attendance. APPLICANT: WAIKOLOA BAPTIST CHURCH (Amend USE 99) Amendments 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 on 12.381 acres of land situated within the Single-Family Residential-10,000 square foot (RS-10) zoning district. The property is located within Waikoloa Village at the northwest corner of the Paniolo Drive and Pu‘u-Nui Street intersection, Waikoloa, South Kohala, Hawai‘i, TMK: 6-8-002:031 and 056. UNGER: First agenda item, Applicant Waikoloa Baptist Church, Amendment USE 99, amendments to Condition No. 4, Condition 5, Condition 7 of Use Permit 99, which allowed the establishment of a church, day facilities, mission residence, recreational area and related improvements on 12.381 acres of land situated within the Single-Family Residential-10,000 square foot zoning district. The property is located within Waikoloa Village at the northwest corner of the Paniolo Drive and Pu‘u Nui Street intersection, Waikoloa, South Kohala, TMK 6-8-2:31 and 56. Staff, would you like to make your presentation at this time? ARAI: I will. Thank you very much, Mr. Chairman. Good morning, Commissioners. If I may direct your attention to the presentation screen. The project site is location in the center of Waikoloa Village, which represents this yellow colored area. Paniolo, sorry, Waikoloa Road is this white line running left to right on the bottom of the map, and, of course, access to Waikoloa Village is via Paniolo Drive. The project site is located here, as I mentioned, in the center of the Village outlined in black. And if I were to zoom in a little bit further, Paniolo Drive is this – Avenue, I should say, sorry about that – is this larger white line running top to the bottom of the map. Again, the project site is here consisting of about 12.38 acres outlined in black and comprises two separate parcels. 1 EXHIBIT A This is a map depicting the State Land Use District Boundary for the area. The entire area is designated Urban by the State Land Use Commission. This is a map representing the General Plan Land Use Pattern Allocation Guide Map, which designates these areas for Low Density Urban development. And this is an aerial photo showing the project site again outlined in black, and surrounding it is various residential subdivisions that line itself up along Paniolo Avenue, as well as Waikoloa School here. This map is a representation of the South Kohala Community Development Plan, which identifies – and I just lost sight of it, there it is – the project site is located there in the white area, and it simply represents existing development. So the South Kohala CDP does not speak directly to the project site itself aside from simply recognizing as existing development. The applicant’s request today that’s before you is an amendment to conditions of Use Permit No. 99, which was approved on March 24, 1992, to allow the establishment of a church, day care facilities, mission residences, recreational area and related improvements on 12.381 acres of land. Currently, there is a building that is being used as a church and day care facility. Additionally, there is a parsonage also located within the project site. The specific request is to allow additional time by which to comply with Condition No. 4 which is to secure Plan Approval, Condition No. 5 which is time to construct the remainder of the development as proposed and approved by the Planning Commission in 1992, and Condition No. 7 which is various roadway improvements. The applicant stated that non-performance of the conditions was the result of severe economic conditions that could not have been foreseen or beyond the control of the applicant. The applicant has received a substantial donation from one of its members that will allow them to proceed with the final phases of its proposed development. This is an image of the applicant’s site plan. Paniolo Street is running along where my cursor is running, and the north toward the top of the map, south toward the bottom. What is currently on the property is an existing day care facility located in this area closest to Paniolo Avenue, as well as a parsonage and garage complex located further away toward the southern end of, I’m sorry, the western end of the subject property. Subsequent phases of this proposed development will include a proposed community center located in the middle of the project site, as well as off to the left is a sports field complex. And part of Phase Two I believe is also the construction of an additional parsonage here where my cursor is pointing. This is a photograph of the existing day care facility right off of Paniolo, as well as its parking area. And from Paniolo Avenue again looking toward the west is the parsonage located in this vicinity here. And again this is another shot looking south along Paniolo Avenue. This is a photograph showing Paniolo Avenue and its existing state of condition, looking north toward North Kohala, and the project site is located off to your left. The Planning Director is recommending approval of the applicant’s request for a five-year time extension to Condition C \[5\], which is time to construct the remainder of the proposed development. And we are supportive of the applicant’s request for Condition No. 4 and Condition No. 7, which speaks directly toward time to complete the proposed development, as well as the various roadway improvements, but because of the way the existing Conditions are 2 EXHIBIT A structured that no specific amendment to those Conditions are necessary; by virtue of simply granting additional time, all those other Conditions will automatically follow suit. So with that, I stand ready to answer any questions that you may have. UNGER: Thank you. Commissioners, do you have any questions of the Planning Department at this time? Thank you, Daryn. ARAI: You’re welcome. UNGER: Would the applicant or applicant’s representative come forward, please? Please raise your right hand. Do you swear or affirm to tell the truth before the Planning Commission? APPLICANT’S REPRESENTATIVES: I do. UNGER: Thank you. Please state your name and your residence. HARRIS-GLADE: Fritz Harris-Glade, architect, Kailua-Kona. COPELAND: Denver Copeland, pastor of Waikoloa Baptist Church in Waikoloa Village. UNGER: Great. Thank you. Have you read the background report and recommendations from the Planning Department? HARRIS-GLADE: Yes. UNGER: Do you agree with them? HARRIS-GLADE: Yes. UNGER: This is your opportunity to provide any further comment. HARRIS-GLADE: The only comment that I have is that the condition for the roadway improvements, actually the curb and gutter and sidewalk, are completed. There is one condition from Public Works about restriping, but we are waiting for direction from them. So that’s the only clarification that I have to the conditions. UNGER: Daryn? ARAI: Would you prefer me to speak to that? UNGER: Sure. ARAI: While the applicant may have completed roadway improvements, we believe that the condition should continue to remain unchanged within the permit itself. The reason being that as the future phases of the project come in, it provides that opportunity to the Department of Public Works, should additional improvements be necessary to support the additional phases of the project, then the Department has the opportunity to ask for it and the applicant would then be obligated to provide it. 3 EXHIBIT A UNGER: Thank you. If there are no other questions from the Commissioners, thank you, you may be seated. This is a public hearing. We’d like to open it up to public testimony. If any members of the public are here to testify on this matter, please come forward at this time. Seeing none, Commissioners, I need a motion to close the public hearing portion of this agenda item. NOBRIGA: I so move. SHIMAOKA: Second. UNGER: We have a motion from Commissioner Nobriga, second from Commissioner Shimaoka. All in favor? COMMISSIONERS: Aye. UNGER: Opposed? \[None.\] Motion passed. Public hearing portion is closed. Commissioners, at this time the floor is open for a motion. SHIMAOKA: Chair, I move that the request to amend Condition No. 4, Condition No. 5 and Condition No. 7 of the Use Permit, No. 99, be approved. NOBRIGA: Second. UNGER: We have a motion from Commissioner Shimaoka, second by Commissioner Nobriga. Staff, roll call, please. ARAI: Mr. Chairman, may I just make a quick — UNGER: Sure. ARAI: — clarification? By virtue of amending the condition – how do I say this – the supporting recommendation, your recommendation report speaks to specific amendments, specifically Condition No. 5, which provides them an additional five years to complete the development. And I failed to mention, and my apologies, that we are recommending a new Condition No. 12, which would provide for the opportunity of an administrative extension, which would give an outward timeframe of ten years by which to complete construction. As I mentioned earlier, Condition No. 7 regarding roadway improvements and Condition No. 4, we agree to leave it as currently structured just because it would follow suit with the other amendments to the Conditions. So maybe the motion would be better stated “as recommended by the Planning Director”; that way all of the suggested changes as outlined in your recommendation report would be incorporated within your motion. UNGER: Thank you, Daryn. That’s a good suggestion. Perhaps, you could just add on to your motion — SHIMAOKA: Yeah, let me just revise that. Motion to approve the Planning Director’s recommendations. 4 EXHIBIT A UNGER: Great. And the second? NOBRIGA: Yes. UNGER: So we have a motion and a second. ARAI: Okay, I’ll take the roll call now. Commissioner Church? CHURCH: Aye. ARAI: Commissioner Shimaoka? SHIMAOKA: Aye. ARAI: Commissioner Carr Smith? CARR SMITH: Aye. ARAI: Commissioner Kaholo? KAHOLO: Aye. ARAI: Commissioner Nobriga? NOBRIGA: Aye. ARAI: And Mr. Chairman? UNGER: Aye. ARAI: Mr. Chairman, motion carries with six aye votes. UNGER: Thank you. Applicant, you’ll be notified in writing by the Planning Commission, by the Planning Department, excuse me. The discussion ended at 9:46 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 5 EXHIBIT A