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HomeMy WebLinkAbout2018-01-04 Hearing Transcript - Na Wai Ola Public Charter School USE 17-070 SPP 17-193WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JANUARY 4, 2018 A regularly advertised hearing on the applications of NA WAI OLA PUBLIC CHARTER SCHOOL (USE 17-000070/SPP 17-000193) were called to order at 9:02 a.m. in the County of Hawaii Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman Joseph Clarkson presiding. COMMISSIONERS PRESENT: Joe Clarkson, Donn Dela Cruz, Gregory Henkel, Donald Ikeda, Myles Miyasato, and Thomas Raffipiy. ALSO PRESENT: Michael Yee (Planning Director), Malia Ho Hall (Deputy Corporation Counsel for the Windward Planning Commission), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner), Christian Kay (Planner), and Sarah Hata-Finley (Commission Secretary). And 11 members from the public in attendance. APPLICANT: NA WAI OLA PUBLIC CHARTER SCHOOL (USE 17-000070/ SPP 17-000193) Applications for a Use Permit and Special Permit to allow the expansion of an existing public charter school on 3.6 acres of land in the Single -Family Residential - 20,000 square feet (RS -20) zoning district and one acre of land in the State Land Use Agricultural District. The subject properties include the site of the Mountain View Gym and St. Theresa Catholic Church and is located along the south (makai) side of Volcano Highway, approximately 150 feet east of its intersection with Nichols Road in Mountain View, Puna District, Hawaii, Tax Map Keys: 1-8- 002:006, 1-8-002:049, 1-8-004:104. CLARKSON: And, with that, if I haven't missed anything, we will proceed to the first item on today's agenda which is an application by Na Wai Ola Public Charter School. First, we're going to have a staff presentation and then we'll take testimony. Staff, Maija, will explain the application. JACKSON: Good morning, Commissioners. Happy New Year. COMMISSIONERS: Happy New Year. JACKSON: Okay, so our first application of the New Year is a request for a Use Permit and a Special Permit. The Applicant is Na Wai Ola Public Charter School. The subject property is located in the Puna District in the community of Mountain View. You can see the properties. There are three properties in this request, and the properties are located EXHIBIT A just to the south of Mountain View Village which is located in this general area here. You have Volcano Highway running in a north -south direction through the middle of the slide. The Applicant, Na Wai Ola Public Charter School, is an elementary school with 185 students, 9 classroom teachers, and 14 staff The school operates from 7 a.m. to 5 p.m., Monday through Friday. The Applicant is requesting a Use Permit to expand the existing public charter school to the rectory and hall buildings on the St. Theresa Catholic Church property. These buildings will be used as classrooms, and the church building, which was constructed I believe in the 1940's or even earlier, was used as a school prior to adoption of the Zoning Code, and therefore, the school use is considered a non -conforming use within the church building. And, that's how the charter school was established on this property originally. The Applicant originally requested to place a modular building on the Mountain View Gym property, but they have since removed this request, and the school will just continue to use the gym for recreational purposes like any other community group. The Applicant is also requesting a Special Permit to expand the existing school to Parcel 104. This parcel is in the State Land Use Agricultural District which is why a Special Permit is needed. They would like to use the existing dwelling on the property as a school administrative office and use the portion of the property for their gardening program. Student drop-off and pick-up areas will take place in the rear of the church buildings, and I can show you that in just a moment. And, parking for parents and staff will either occur along Old Volcano Highway if it's approved by DOT or on the Parcel 104. So, this is the Applicant's site plan. You can see Volcano Highway at the top of the slide and then you also have Old Volcano Road which is fronting the church property. This road here is called Ueyama Camp Road or Village Road, and it curves around the County park facility to the Ueyama Camp. You see the ball fields. This structure here is the Mountain View gym. This property is owned by the County. Actually, this property here is owned by the County. This is the church property. You can see the church building here, the rectory and hall buildings. And, then, the agriculturally zoned property is located here, and it extends along the gulch here, and there is an existing dwelling that the school is using as an administration building here. This is a larger view of the area. You can see the Mountain View Post Office is located here. Mountain View Village is just off the slide to the north, and, again, you have the gym, the ballfield, and the church facilities. My clicker's a little slow today. Okay! County zoning for the property. The County property and the church property are zoned Single Family Residential — 20,000 square feet which is why the Applicant is requesting a Use Permit for those properties. And, then, the Parcel 104, which is located here, is zoned Agricultural — 20 acres. The Village is zoned Commercial. Again, the post office is located here and then the ball fields are zoned open, and you have residential zoning around there. EXHIBIT A 2 The General Plan designation for the property is Low Density Urban and Medium Density Urban closer to the Village, and the State Land Use District is Urban for the County and church property and Agricultural for Parcel 104. Okay, so this is a view of the Mountain View Post Office. You have Volcano Highway and then the Ueyama Camp Road coming off of that. So, this road leads from the highway to the County park facility and the rear portion of the church property. So, parents who drop off their students, their children, are going to be turning onto this road and then coming over here and then going onto this gravel road on the church property. The driveway here is the Mountain View Gym driveway. And, this picture shows the school administrative building which is in that existing dwelling on Parcel 104. This is a view of the rear of the rectory hall building on the church property. So, again, here's the driveway. Parents would drop off their children here and then curve around and then exit out onto Volcano Highway. You can see the school bus here. Here's a school bus in this photo, too. This is a photo of the modular building that was on the property—on the Mountain View Gym property. The school has since removed that modular building and deleted that from their request. And, this would be a view from the Old Volcano Road, Volcano Highway. This is the driveway into Parcel 104, and you can see that they have some signage for no parking along the stretch of the road. It actually, this sign here says, "No Student Drop -Off or Pick Up" which is why the drop off and pick up is done in the rear of the church properties. And, then, if you turn around from the last photo and looked at Volcano Highway, this would be your view. So, this is Old Volcano Road, and then this is leading out onto Volcano Highway. You may have seen some references to a grassy berm area, and that photo is—I'll back up here—the grassy berm area that's within the DOT right-of-wayoh, my photo is not going back—it's actually located here. So, you have the Volcano Highway, the Old Volcano Road, and then the church buildings you can see in the back with the red roofs. The exit driveway for the school would be located in this general location right here. The Planning Director is recommending approval of both the Use Permit and the Special Permit with conditions. We do have one change that we would like to make. We just spoke with the Applicant this morning, and in light of the fact that they're removing the modular building from the County property, they're really just going to be using the County property like any other community group would be. So, we'd like to delete the County property from the request. So, if the Use Permit is approved, it would just encompass the church property. And, that concludes my presentation. I'd be happy to answer any questions. CLARKSON: Any questions from the Commissioners for staff? IKEDA: I'd like to ask something. Maija, I was kind of confused. The Use Permit is to have the school perform, you know, from, it's now a church, to make it into a school. Is that it? EXHIBIT A 3 JACKSON: The school use has always occurred within the church building on the property, and so that's what's considered a non -conforming use and Na Wai Ola went in and established their school and just continued the school use. Now, they want to expand on the property, so in order to expand the school use into the other structures on the property, they need the Use Permit. IKEDA: My other concern was that I don't quite understand what you mean by extend or even by expand. Gonna add more students or just put in more buildings because according to the Recommendation, there's a limit to 185 students because of water usage. So, that was my concern. JACKSON: My understanding and the Applicant can clarify this if I am incorrect is that they are not intending on expanding the number of students but just expand the classrooms and use other structures on the property like the hall and the rectory building for classroom space so that the students aren't in a confined area. CLARKSON: Can you just briefly describe what buildings are being used now and where the expansion will be? JACKSON: I believe the church building is being used and actually it's possible now that all of the structures are being used, but they weren't permitted to do that. So, now, they're coming in to get that legitimate permit. CLARKSON: Thank you. JACKSON: But, originally, they were only permitted to use the church building, not the hall and rectory. CLARKSON: Any other questions from Commissioners of staff? MIYASATO: Chair, I have a question. Did Glenn Toyama ever come in and file a contested case? Or pay the fee? JACKSON: I'm sorry, what was that? MIYASATO: Glenn Toyama? JACKSON: Yes. MIYASATO: Did he pay the fee? JACKSON: He did not pay the fee. MIYASATO: Okay, so it's not EXHIBIT A 4 JACKSON: He submitted the petition, and I contacted him and explained that we didn't get the fee, and he said he was confused and he thought he had to submit that form in order to just submit testimony, and, so I said, no. MIYASATO: Okay. JACKSON: And, he clarified that he didn't want to file a contested case. MIYASATO: Okay, thank you. CLARKSON: Thank you, Maija. Would the Applicant or the Applicant's representative please come forward? If you could raise your right hand, please, and do you swear or affirm to tell the truth on this matter now before the Planning Commission? WONGATO: [Nodded yes.] CLARKSON: Thank you. Please state your name, the area you reside in, and then proceed to speak about your project or your application directly into the microphone. Thank you. WONG: Good morning. My name is Jason Wong. I'm the newest director of Na Wai Ola Public Charter School, also a former teacher there. The purpose for this request is these are ancient buildings. We need to have certain things brought up to Code. We need to have an ADA ramp put into these buildings, and we need to finish these things. One of the big issues is that we're currently on cesspool, and we need to be on septic. So, in order to get these things changed over, you know, this is why I'm here today. In addition, as an agricultural science school, we need a place to farm, and so, you know, my request is just to be able to have our students on this ag lot so we can fulfill our vision and mission. And, there are minor structural changes that need to be made to these buildings to bring them up to, you know, suitable conditions for kids. So, I want the opportunity to be able to fix all of the things that are going wrong with this building. You know, one of the major problems that we're having is our water use, and it is leaking. I mean, our pipes are leaking, and I think that if we can fix these leaks, if I can get a permit to do all these things and bring our fixtures up to Code and try to use newer toilets and faucets and things like this, I don't think that we would have any problems meeting the requirements. You know, right now, I was looking at the lawn in the front of, of the church building. It's difficult to see, but there's about six inches extra growth in a line, and you can tell that the water line is just leaking. And, it leaks all over, and yeah, I would like the opportunity to bring our school up to Code. We're not proposing that we have any more students at the school. We just want to get everything fixed correctly. That's it? CLARKSON: Yeah. WONG: Okay. EXHIBIT A 5 ITO: Hi, I'm Robyn Ito with SSFM. I apologize for my voice. I'm just the agent for the Applicant. CLARKSON: Did you receive the Planning Director's Background and Recommendation? WONG: Yes, sir. CLARKSON: And, do you agree with the recommendations and conditions of approval? WONG: I do. I did haveso, my understanding is that one of the—okay, so parking is an issue. I've been speaking with Don at DOT about how we're going to resolve this. So, one of the conditions is that there can be no staff parking in front of the church anywhere, and we agreed to this. The problem was that Parks and Recreation has always given us 15 spots, and they'll still do it, but they don't want to do it on paper. They say it's a first come, first served. So, part of the conditions is that we have to use our ag lot for 15 spaces, which is just fine. Another condition is water usage, and we would really like to be able to fix these problems. The only, you know, question that I really have at this time is I had received a variance from the Fire Department, and they said that, you know, because the size of the pipes and the distance from those pipes at being 6 -inch pipes—the building was too far away to put the fire out. And, so they gave us a variance for this, but since, you know, since then, we've gotten rid of the modular, then we totally fixed the field, we replanted the grass, and it's ready to go again. So, I'm—the only thing that I'm unaware of is now that building is gone, what are you asking in terms of the Fire Department and this [inaudible]. So, that was my only question for the day. Otherwise—yeah, all, of all the conditions, we're happy to meet, absolutely. I'm just not sure how to meet the requirement for the Fire Department now that the building is not there. CLARKSON: Commissioners, any questions for the Applicant? MIYASATO: Also, Mr. Wong, are you referring to Condition 11? WONG: Yes, sir. MIYASATO: Staff? Maija, do you have? HALL: Well, the Fire Department will come in and look at your buildings as is now, and now that, that other one is gone, they'll give you what you need to be up to Code for those buildings. So, if you're removing that other property from your, from the plan, then they'll come in and just give you what you need to be, what needs to be done with those other buildings. WONG: And, the Fire Department has come every year that I've been there and years past has always given us a pass for what, what we're using. So, if anything, we're taking more away from the request. EXHIBIT A 6 CLARKSON: Any more questions from the Commission? Thank you for your testimony. WONG: Thank you. CLARKSON: You may be seated. There's one person signed up to testify. Susan Langer, would you please come forward? Do you swear or affirm to tell the truth on this matter now before the Commission? LANGER: I do. CLARKSON: Would you please state your name and where you live, and speak clearly into the microphone, please? LANGER: My name is Susan Langer, and I'm here representing myself and my husband, William. We have been residents of Nichols Road since 1994, so we have an idea about changes in the neighborhood. I submitted written testimony back in September, and I hope you had an opportunity to review it. Just to recap that very briefly, we do support the mission of the school. We see it as a valuable asset in our community, and we don't want to do anything to cause them to spend a lot of money. However, their location on the highway is a problem because of the poor line of sight along the highway from Nichols Road. Their line of sight is much better. But, from Nichols Road we're going like this to try and see cars, and there are a lot of cars associated with the school parking along the berm and pulling directly out into traffic. And, so, to account for trying to calculate what their intentions are along with traffic on the highway, it could be deadly. You know, it's really very serious, and although I can't see the highway well from our house, we know that crashes are very common in front of the Post Office and just as recently as December, there was a serious accident in front of the Hawaiian Tel property on the other side of Nichols Road 15 minutes before school started. So, I've read the Applicant's application and all of the paperwork associated with it, all the letters, and I would like to thank the Planning Department for seriously considering our concerns and the school devising the plan that would prohibit parking there. But, there is another issue, and I'm hoping that someone can provide guidance for me, and I spoke to the Department of Transportation engineer, Mr. Smith, about this—that community uses of parking along that berm are growing all the time. There is a food bank that's very popular on Thursday morning using the directory, or the, I'm sorry, the rectory, directly across from Nichols Road. And, there's no one telling them that, to park there. And, then the Kamehameha Schools has a bus drop-off and pick-up for students in front of the church, so their parents are waiting for the bus with their children or picking them up and using, sometimes using the berm. And, it's also used for overflow parking to the parking lot of the Post Office, and many times, cars are pulling directly onto the berm from the highway and pulling off And, so it'sI'm really hoping that it won't take a deadly accident to be the threshold for some kind of action, and I'm very disappointed in Mr. Smith not requiring aI'm not suggesting that the State would put EXHIBIT A 7 up a couple of no parking signs on that berm. Ms. Jackson informed me that the County cannot mandate the State to put up signage, and she, Ms. Robyn Ito, suggested that I talk to the church, possibly, because they are leasing that property. That they could be responsible for signage, but maybe someone else would have suggestions for me. I'm notI'm willing to call people and talk to them about this, but if it continues to be a problem with the food bank or the school using that and it's still a safety issue, then I'll be talking to Mr. Smith again about what can be done. So, I thank you all very much. CLARKSON: Commissioners, any questions for the testifier? No? Then you may be excused. Is there anyone else in the audience that would like to testify on this matter? WONG [from audience]: One last thing I can say CLARKSON: Please. WONG: She is absolutely right. There is many people in our community that use this space. When Don came up from DOT and did a traffic assessment of Na Wai Ola, he found that about 12 families were parking out there, dropping their kids off, and that for us was, is pretty easy to solve. The larger problem Don is considering putting a fence out there. You know, part of what you're also seeing is that the County is leaving tractors, mowers, things like that, and they're also in the clear zone. So, you know, ifI appreciate the recommendation, and I do believe that a simple fence that would be put up in front of there would solve all of those issues, and that was the DOT's suggestion. CLARKSON: Thank you. LANGER (from audience): May I ask a question? Who pays for the fence? HATA-FINLEY: Microphone. LANGER (from audience): Oh, I'm sorry. LANGER: There seems to be an issue about who will pay, you know, who's going to—will the State pay for the fence? Will the State pay for the fence? WONG: My understanding is that he was making a recommendation. He was not saying that they would or they would not. LANGER: Well, they should. EXHIBIT A WONG: Okay. But, in the event that they believe that it should be done, they would not ask the school for pay for that. However, if it is an issue, I'm more than happy to do that, but I don't know how to build a fence on your property, you know, but I'd be willing to pay for it. CLARKSON: Thank you, all. Since there is no one else testifying, I need a motion to close public testimony, please. IKEDA: Move to close public testimony. RAFFIPIY: Second. CLARKSON: It has been moved by Commissioner Ikeda and seconded by Commissioner Raffipiy to close public hearing. Is there any discussion? All those in favor signify by saying, Ic aye. COMMISSIONERS: Aye. CLARKSON: Opposed? Motion to close the public hearing carries. Do we have a motion for action on this matter, this application? MIYASATO: Chair, I'll make the motion for the Use Permit. I move that the application for Use Permit, Docket No. USE 17-070 be approved based on the Planning Director's findings, recommendations, and proposed conditions, deleting County property, which shall be adopted. RAFFIPIY: I second. CLARKSON: It's been moved by Commissioner Miyasato and seconded by Commissioner Raffipiy to approve the application for a Use Permit. Maija, would you call the roll, please? JACKSON: Yes. Commissioner Miyasato? MIYASATO: Aye. JACKSON: Commissioner Raffipiy? RAFFIPIY: Aye. JACKSON: Commissioner Dela Cruz? DELA CRUZ: Aye. JACKSON: Commissioner Henkel? HENKEL: Aye. JACKSON: Commissioner Ikeda? EXHIBIT A 9 IKEDA: Aye. JACKSON: And, Chair Clarkson. CLARKSON: Aye. JACKSON: Okay, the motion carries six, zero. CLARKSON: So, now we need a motion for the Special Permit. MIYASATO: Chair, I'll make a motion for the Special Permit. I move that the application for a Special Permit, Docket No. 17-193, be approved based on the Planning Director's findings, recommendations, and proposed conditions deleting County's properties, which shall be adopted. HENKEL: I second. CLARKSON: Okay, it's been moved by Commissioner Miyasato, seconded by Commissioner Henkel that the application for a Special Permit be approved. Maija, p lease call the roll. JACKSON: Thank you. I just want to clarify that the County property was not a part of the Special Permit. MIYASATO: Okay. JACKSON: So, no need to delete that. Thank you. Commissioner Miyasato? MIYASATO: Aye. JACKSON: Commissioner Henkel? HENKEL: Aye. JACKSON: Commissioner Dela Cruz? DELA CRUZ: Aye. JACKSON: Commissioner Ikeda? IKEDA: Aye. JACKSON: Commissioner Raffipiy? RAFFIPIY: Aye. EXHIBIT A 10 JACKSON: And, Chair Clarkson. CLARKSON: Aye. JACKSON: Okay, the motion carries six, zero. CLARKSON: Okay. You'll be notified in writing of the results of this action today. Thank you. The discussion ended at 9:31 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission EXHIBIT A 11