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AMENDED June 8, 2021 Planning Commission Agenda Packet
APPLICATION:USE PERMIT AND CLASS IV ZONING PERMITS'ELE'ELEBAPTISTCHURCH APPLICANT:'Ele'ele Baptist Church 339 Mehana Road P.0,Box 307•Ele'ele,Hl 96705 OWNER:Same as above CONTACT: TAX MAP KEY; ZONING: SLUD: Edwin Santa Maria Matsumoto Santa Maria Architects,Inc, 2916AukoiStreet Lihu'e,Hawai'i 96766 808-554-7793 TaxMapKey:(4)2-1-01:041 Residential District/Special Treatment -Public (R-4/ST-P) Urban GENERAL PLAN:Neighborhood General CURRENT LAND USE:Church,Assembly APPLICATION FOR 'ELE'ELE BAPTIST CHURCH USE PERMIT AND CLASS IV ZONING PERMITS TABLE OF CONTENTS Section Description SECTION 1.0 PROJECT INTRODUCTION 1.1 Proposed Action 1,2 Project Schedule,Permits Required and Approximate Costs SECTION 2.0 PLANNING AND LAND USE 2.1 Location 2,2 Land Use Designations 2.3 Existing Use/Histor/ 2,4 Description of Existing Buildings 2.5 Present Uses &Church Schedule SECTION 3.0 DESCRIPTION OF PROPERn'&SURROUNDING LANDS 3.1 Location 3.2 Surrounding Uses 3,3 General Environment 3.4 Present Uses and Built Environment 3.5 Potential Future Uses SECTION 4.0 PERMITS REQUESTED &REQUIRED 4.1 Use Permit 4.2 Class IV Zoning Permit SECTION 5.0 IMPACTS OF DEVELOPMENT 5.1 Physical Environment 5.2 Historical Resources 5.3 Air Quality/Noise Control 5.4 Flooding and Drainage 5,5 Utilities 5.6 Wastewater Treatment and Disposal 5.7 Solid Waste Disposal 5.8 Government Services 5.9 Economics 5.10 Population 5,11 Traffic Circulation 5.12 Secondary Impacts SECTION 6.0 STATE LAND USE DISTRICT CONSIDERATIONS 6.1 State Land Use Urban District 6.2 Compliance with SLU Urban District Standards Page 4 4 4 5 5 5 6 7 7 9 9 9 10 10 10 10 10 10 11 11 11 11 11 12 12 12 12 12 13 13 13 13 13 14 Proposed Renovation to 'Ele'ele Baptist Church SECTION 7.0 7,1 7.2 7A 7,4 7.5 7,6 SECTION 8.0 8.1 8.2 8.3 8.4 SECTION 9.0 9.1 9.2 9.3 9,4 9,5 SECTION 10.0 10.1 SECTION 11.0 GENERAL PLAN CONSIDERATIONS Kaua'i General Plan Land Use Designation Community Planning Guidance Goals Policies Objective and Actions by Sectors Compliance with Kauai General Plan Standards CZO ZONING DISTRICT CONSIDERATIONS CZO Residential District Compliance with CZO Residential District Standards CZO Special Treatment District Compliance with CZO Special Treatment District Standards USE PERMIT &ZONING PERMIT CONSIDERATIONS Use Permit Standards Compatibility with Surrounding Uses Not Detrimental to the Neighborhood or Community No Environmental Harm Consistent with the General Plan NATIVE HAWAIIAN ISSUES Impacts on Traditional or Cultural Practices SUMMARY 14 14 14 15 16 17 19 19 19 19 2Q 21 21 21 21 21 22 22 22 23 Proposed Renovation to 'Ele'ele Baptist Church 1.0 PROJECT INTRODUCTION 1.1 Proposed Action The primary purpose of the project is to expand and renovate the existing Church Building only.It was built in 1965 and its most recent improvement involved interior renovations in 201 1 that was processed through Building Permit 11 -964.Currently,the Church has been able to provide its parishioners with religious services.The secondary purpose is to improve the communi'ty outreach to service the hungry in the area,by working with Foodbank to distribute food to those in need.The work includes: •A side Entry/Lanai for outdoor gatherings after services •Expansion of Meeting Space,Storage and Pantry o Current Church area 2,387 sq.ft. o New Side Entry/Lanai 1,456sq.ft. o New Meeting Space 447 sq.ft. o New Storage Room 259 sq.ft. o New Pantr/550 sq.ft. o New Breezeway 333sq.ft, New Total Church area 5,432 sq.ft. There is an unimproved parking area on the subject property that is adequate to accommodate up to twenty-four (24)cars.Based the areas noted above,there should be at least fifteen (15)off-street parking stalls.The parking layout is shown on the Site Plan,refer to Exhibit 'D'. 1.2 Project Schedule,Permits Required and Approximate Costs The preliminar^schedule and permits for the project include; •Use Permit &Class IV Permit •Building Permit •Construcfion Begins Phase 1 •Construction Begins Phase 2 1stQtr.2021 2nd -3rd Qtr.2021 3rd Qtr.2021 4th Qtr,2021 The total cost of improvements is estimated to be $400,000. Proposed Renovation to 'Ele'ele Baptist Church 2.0 PLANNING AND LAND USE 2.1 Locafion The 'Ele'ele Baptist Church is located in the Hanapepe-'Ele'ele District on the island of Kaua'i,The property is bounded by Kaumuali'i Highway to the north, the affordable housing project developed by the Hawai'i h-lousing Authority to the east and surrounded by residential development to the west &south.Access to the parcel is through Mehana Road along its southern boundary.Refer to the Location Map (Figure 2)and the Tax Map on the following pages (Figure 3). 2.2 Land Use Designations The respective State Land Use (SLU),Kaua'i General Plan,County of Kaua'i Comprehensive Zoning Ordinance (CZO),and other relevant land use designation for the Subject Property are described as follows: a.SLU Desiflnation As shown on the Land Use District Boundar/Map,Refer to Exhibit 1 below,the Subject Property is located within the SLU Urban District.The Subject Property has been in the SLU Urban District since the inception of the SLU Districts in 1971. d Use District Boundares Map -January 2018 DWrict Bouria^AmanAmnt -Oehu DfBlrictBoundBiyAoendneot-Kaud Figure 1:State Land Use Boundary Map Proposed Renovation to 'Ele'ele Boptisf Church b.Kaua'i General Plan The Kaua'i General Plan shows the Subject Property is located within the "Neighborhood General"Designation. c.Comprehensive Zoninfl Plan (CZOI As represented on the County's Zoning Maps,the Subject Property is in the Residential District (R-4)as well as the Special Treatment -Public District (ST-P). d.Communitv Plan Area The Subject Property is located within the West Kauai Communily Plan (WKCP)and subject to the development standards contained in this document.It is noted the WKCP utilizes the Form Based Code platform that creates special development areas identified as Transect Zones in the various communities,however the project is site not within these areas. e.Special Manaaemen±Area The project site is not located within the Special Management Area (SMA)of the County of Kaua'i. f.Shoreline/Shoreline Setback Area The Subject Property is not located near the shoreline and therefore a shoreline setback determination is not required. g.Heritaae Resources In reviewing the Heritage Resource Map for Hanapepe -'Ele'ele,as illustrated in Figure 5-10 of the Kauai General Plan (refer to Exhibit 'C'), there are no known resources in the vicinity of the project area.The nearest resource sites are in Old Hanapepe Town. h.Violations There are no known violations of any land use laws or regulations involving the subject property, 2.3 Existing Use/History For more than 55 years,the 'Ele'ele Baptist Church has been successfully integrated into the residential neighborhood and community and has been compatible with no detrimental impacts on the surrounding areas.The proposed 'Ele'ele Baptist Church will be beneficial to the 'Ele'ele-Hanapepe Communi'ty in worship and public outreach to those who are hungr/in the community. The 'Ele'ele Baptist Church was started in 1964 with a lease agreement belween the Port Allen Mission and McBryde Sugar Company (aka.Alexander &Baldwin). The property was sold to the Hawai'i Baptist Convention in 1975 to be utilized as a church. Proposed Renovation to 'Ele'ele Boptist Church The existing church/sanctuary building was constructed circa 1965 by contractor James Izumi.The parsonage building was also built in 1965 and was destroyed by l-1urricane Iniki in 1992.In 1993,an Emergency Permit was granted to the 'Ele'ele Baptist Church to rebuild the new Parsonage Building as well as the damaged Church/Sanctuary Building, In 2011,the Sanctuar/'s interior was renovated to add partitions for a meeting room,restrooms,and a classroom. 2.4 Description of Existing Buildings Exjstina Structure Floor Area Year Built Permit No. Church Building 2,387 (Principal Use -Church 8-2.4(0(3)) 1965 NA Parsonage Building 1965 NA (Single Family Dwelling -Accessor/Structure Dwelling 8-2.4(a)(2)) The Church Building also contains an integrated multi-purpose rooms,and restroom for Men &Women.During Sundays,the hall is open for the children to use while worship services continue.The new Lanai addition will expand the Mauka-side to provide a roof shelter fron-i the sun and allow for informal gatherings.At the Makai-side of the existing worship space,there will be a new extension containing a Meeting Room for Bible Study and group meetings, Storage Room for equipment and supplies of the Church,and a Pantr/Room for the storage of food and supplies for to support'the Church's mission of providing food for the needs of those less fortunate.The new storage space will replace the outdoor storage containers situated on the mauka side of the property and these units will be removed from its location. Parsonage Residence Building is used by the residing clergy and his family.This single-family building has 3-bedrooms.The building is used as a private residence. 2.5 Present Uses &Church Schedule Church Facility Activities Hours of Operation Attendance Sunday Services Bible Study Worship Weekday Services Wednesday Or Friday 9:00 am-10:00 am 20 10:15 am-Noon 80 6:00 pm to 7:300 pm 30 6:00 pm to 7:300 pm 30 Proposed Renovation to 'Ele'ele Baptist Church Saturday Services (alternate Saturdays,twice monthly) Food Distribution 7:30 am to 8:30 am 60 Parsonage Building Activities Hours of Operation Attendance Residence Hours 24 hours 1 family SStwiasmsgsaSS^S. l^TSi^.^^~7H*^IHt. Figure 2:Location Map of Project Area Proposed Renovation to 'Ele'ele Baptist Church '''iS-SS^, T/^fV^.^f S -^".^ffhl ..'„> '•/^.-'^^"^-'^^:^:f /^*^^^^')f' t°~* -rt-'~e;.,.."ei:,.;". ..:i ^l's<^lsffi \is.-.:"-]•=?:•"'.•i • Vff i3*mffl2''/i.f'i-.'fM f3iQri,.WiW ITAXATIONMAPS BUREAUl ItUlllOltl W ll*N*» TAX MAP Figure 3:County of Kaua'i Tax Map 3.0 DESCRIPTION OF PROPERTV &SURROUNDING LANDS 3.1 Location The Subject Property is located on the makai side of the 'Ele'ele community and entirely surrounded by residential development. 3.2 Surrounding Uses As previously mentioned,the adjacent properties are primarily comprised of residential development. Proposed Renovation to 'Ele'ele Baptist Church 3.3 General Environment The Subject Property contains a gentle slope moving from east to west and located along the makai side of Kaumuali'i Highway.The project site is bounded by the highway along its northem boundary and the primary access to the site is along Mehana Road.The Property is located within Zone 'X'of the Federal Insurance Rate Maps (FIRM),as shown in Exhibit 'B'. The parcel contains the existing church facility as well as an existing residence (Parsonage).It is a wood-framed,single-story structure that has a building footprint of approximately 1,965 square feet (SF)containing 3 bedrooms (living area=1,404 SF). 3.4 Present Uses and Built Environment The Property lies within the 'Ele'ele community and is surrounded by fully developed parcels,however lands further east of the project site is slated for residential development containing approx.75 acres (Lima Ola development). 3.5 Potential Future Uses The Applicant desires to retain the current residential and church uses of the Property. 4.0 PERMITS REQUESTED &REQUIRED 4.1 UsePermit The Property is located within the CZO Special Treatment -Public District and pursuant to Section 8-11 .3 of the Kauai County Code,all development including uses and structures shall require a Use Permit,While the existing church has been in operation for over 55 years and proven to be compatible with the surrounding residential communit/,the proposed renovation warrants a Use Permit, 4.2 Class IV Zoning Permit The proposed development will require a Class IV Zoning Permit since it is a procedural requirement when applying for a Use Permit. Proposed Renovation to 'Ele'ele Baptist Church 10 5.0 IMPACTS OF DEVELOPMENT 5.1 Physical Environment a.Natural Landforms The existing landform on the subject parcel remains unchanged since the 1960s which is comprised of the existing unimproved parking lot with minimal landscaping surrounding the property.The new expansion will have no negative impact on the natural landforms. b.NaturalHabitats The surrounding neighborhood is an established residential neighborhood for over 50 years.As a result,the existing state of botanical resource and wildlife has been heavily compromised by past and present urban uses on the Property.Therefore,the project should not have any adverse impacts on natural habitats. 5.2 Historical Resources The Property has been heavily disturbed by past and present urban activities and as a result,the does not appear to be any archaeological,cultural,or historical resources on the surface of the Property.Since its inception,there are no recorded historic sites on the property.It is furt-her noted that the church was founded on this site in 1926 to serve the parishioners in the Hanapepe-'Ele'ele area.In the event of inadvertent historic site or burial discover/during the construction phase,the Applicant will immediately contact the State Historic Preservafion Division (SHPD)of the Department of Land and Natural Resources (DLNR)as well as the County Planning Department, 5.3 Air Quality/Noise Control The proposed development should have little or no impact on the air quality and ambient noise levels in the area after the construction phase of the project.The Environmental Protection Agency (EPA)and State of Hawai'i air quality standards will not be exceeded.It is noted that noise from associated construction relating to the project will comply the State Department of Health (DOH)"Community Noise Control"policies (compliance with the permissible sound levels of construction equipment). 5.4 Flooding and Drainage The County's Flood Insurance Rate Maps (FIRM)shows the Property to be situated within the area designated as Zone 'X' (areas outside of the 0.2%annual chance floodplain),further identified as FEMA FIRM Panel Map 150002-0287G).It is noted that the existing structures were built prior to the adoption of the present flood standards,However,it is anticipated that the proposed development should have no impact on flooding on or around the Property,and all drainage Proposed Renovation to 'Ele'ele Baptist Church 11 resulting from the project will be retained on site,and subject to best management practices (BMP)standards. 5.5 Utilities a.Potable Water The County of Kaua'i Depart'ment of Water provides water services to the Property.The need for additional water use is not expected from the project. b.Electric/Communications There are existing electric poles are located along Mehana Road and service is provided by Kauai Island Utility Cooperative (KIUC). Communication services are limited to Hawaiian Telcom,Inc.and Time Warner Entertainment company,L.P,,dba.Spectrum.The existing electric and communication facilities are presently adequate to provide the demand for such service that will be generated by the proposed development. 5.6 Wastewafer Treatment and Disposal The existing wastewater disposal is accommodated by the public sewage system that is provided by the County.The County's Wastewater Branch does not anticipate an unusual connection.They have requested the Applicant to submit a Sewer Connection application for the Wastewater Branch's review and approval. 5.7 Solid Waste Disposal Presently the refuse collection is provided by the County of Kaua'i. 5.8 Government Services a.Fire Protection There is a fire hydrant along the frontage of Mehana Road that is be able to service fire fighters for emergencies at the Church Building and Residence.The uses on the Property should not significantly increase the need for existing fire protection. b.Police Services The Project is not expected to generate any more demand for police services than a residential development using the underlying R-4 zoning. c.School The closest schools are 'Ele'ele Elementary School,Waimea Canyon Middle School,and Waimea High School,The proposed development should not generate any significant increase in enrollment. Proposed Renovation to 'Ele'ele Baptist Church 12 5.9 Economics It is anticipated that the proposed development could have the following economic impacts: a.Emplovment The use of the property will continue to be the same.No additional Jobs will be created.The existing employee of the Church will continue to be at the same employment levels, b.Housina The expansion project is for the Church Facility and would not increase the need for additional housing,nor will it increase the population.The need for the church expansion is to provide the community with religious services as well as a place to congregate/socialize. 5.10 Population The proposed development will have no effect in the population for the area. 5.11 Traffic Circulation As previously noted,the Property abuts Kaumuali'i Highway along its northern boundary but has direct access onto Mehana Road along its southern boundar/,Based on the current use of the facility,the Applicant anticipates that the development will maintain the existing traffic conditions in this area and therefore will not have any significant fraffic impact to the nearby highway. 5.12 Secondary Impacts Exterior lights for the lighting of the parking lot will be needed for the safety of maneuvering cars at night,There exists incandescent flood-light type fixtures on the Parsonage Building and three on the Church Building.These lights are directed away from the adjacent neighbors. Fugitive Dust may become a problem during construction.The Consfruction Contractor shall implement dust barriers and normal dust mitigation controls (watering down)will be in place during the demolition phase of construction. The project will comply with the State Department of Health (DOH)Clean Air Branch Regulations regarding dustcontrol, 6.0 STATE LAND USE DISTRICT CONSIDERATIONS 6.1 State Land Use Urban District Proposed Renovation to 'Ele'ele Baptist Church 13 The Property is located within the State Urban Land Use District and permissible uses are set forth in Hawai'i Revised Statutes (HRS)Section 205-2(b),which provides as follows: "(b)Urban districts shall include activities or uses as provided by ordinance or regulation of the coun'ty within which the urban district is situated." 6.2 Compliance with SLU Urban District Standards The proposed development is consistent with activities/uses within this designation at the State &County levels and is recognized as a permissible activity permit under HRS Section 205-2(b). 7.0 GENERAL PLAN CONSIDERATIONS 7.1 Kaua'i General Plan Land Use Designation The Subject Property is situated within an area that is designated as"Neighborhood General"by the General Plan and policies governing such lands are set forth in Section 2.2.5,which provides in relevant part as follows: "The Neighborhood General Designation applies to the walkshed surrounding Neighborhood Centers.This designation is intended for medium intensity mixed-use environments that support the town core with housing,services,parks,civic/institutional,home occupation,and commercial uses.Buildings in this designation are mostly detached,with some attached,1 -2 sfories in height that can accommodate a range of multi-family housing types." 7.2 Community Planning Guidance Section 2.4.2 of the General Plan provides for the following guidance regarding planning for the Hanapepe-'Ele'ele area.For the 'Ele'ele community,if specifically mentions that it is suited for incrennental change based on potential developments occurring in the Port Allen and shopping center area as well as the future Lima Ola workforce housing project,These areas are recognized as a valuable node and provides opportunities to connect to the surrounding residential neighborhoods. Proposed Renovation to 'Ele'ele Baptist Church 14 Figuc 5-3 H*ntpip*-'EI«J*l* Land Us*M«[t ?thinfl|Ki<ric1 fiouidu^ Mijaltoidi Itaadi Sttttni j Jteerwit fuunl AgKlrttft ^lituituft (UU ^^Fiffttaid RctrpjlBfl %%6oBCfflrM Itemutud teudcntiri ComnumhT B|fWfrtuitudCnitu E--;N<^!ntin>i>6aiUtl ^||PbrtaCfln CapipiAKflptM ort-rt InAntfDl ftlnlpOftttion jSSjjj'pnnliiuBl.ltiluaute ^...^"M' ^^s°«h"(-/...;'PortAlten ..•• lln-Knto NOfIffl S.IfUIUnELWIDUSCMAFSI I^FUUCTIUn U8 Figure 4:Kauai General Plan Land Use Map (Hanapepe-'Ele'ele) 7.3 Goals Section 1,3 of the General Plan identifies the Vision and Goals and the Applicant's compliance with those obj'ectives are as follows: a.Goal #1 -A Sustainable Island The Property is currently being utilized as a place of worship and contains an existing dwelling unit.The proposed renovation to the church will continue to serve the community and provides for much needed space.As previously mentioned,the secondary benefit to the growth of this facility is to allow community outreach to service those who are in need by working with organizations like the Kauai Independent Food Bank (KIFB)and similar entities. Proposed Renovation to 'Ele'ele Baptist Church 15 b.Goal #2 -A Uniaue and Beautiful Place As designed,the proposed renovations will add to the character of the building and allows for more opportunity for this facility to be utilized.The design will retain the same characteristics and should not create a visual impact to surrounding properties. c.Goal #3 -A Healthy and ResilientPeople The proposed development contemplates the desired use of the facili'ty where it would serve more than just a place of worship,but also a place for communi'ty nnembers to congregate and interact with one another.Since it is in close proximity to residences and commercial spaces,it serves as a beneficial annenity within a walkable community. d.Gogl #4 -An_EQuitableJlgce,with ODDort'unitv for All The General Plan describes our island as an "island of economic opportunity where businesses,cottage industries and entrepreneurs thrive."Allowing for a facility that could serve as a Communily Hall creates an opportunity to serve its residents within the Hanapepe-'Ele'ele communify, 7.4 Policies There are nineteen (19)policies identified in Section 1.4 of the General Plan,and the Applicant compliance with the applicable policies are as follows: a.PolLcy #1 -Manaae Growth to Preserve Rural Character As designed,the proposed development should not impact the rural character of this neighborhood and retains similar characteristics of the existing church. b,Policy #3 -Recoanize the Identitv of Kauai's Individual Towns and Districts This area of Ele'ele is primarily made up of residential development that dates back to the 1960's and 1970's,The church will retain its distinctive steeple and will meld nicely with the existing identity of the Ele'ele connmunitv. c,Policv #4 -Desian Healthv and Complete Neiahborhoods The proposed renovation to the existing church facili'ty would continue to contribute to this area being a walkable neighborhood and is anticipated to be a valuable assef to the community.The use of the property is consistent with the objectives of the General Plan Neighborhood General designation where mixed uses adjacent to walkable infrastructure would provide an opportunity for the "work- live-play"concept as encouraged by the plan, Proposed Renovation to 'Ele'ele Baptist Church 16 d.Pplicv #8 -Protect Kauai's Sceni^Beaytv It is not anticipated that the proposed development should impact any view planes since it is limited to a one-stor/structure.Any potential visual impact resulting from the project could be mitigated through proper landscaping methods along the highway. e,Policv #10-Help BusinessThrive Aside from being a place of worship,the church facility will be working in close conjunction with organizations,businesses,and community members that are willing to provide needed services to residents in this area.They will continue to recognize and embrace these partnerships in order to create a healthier community. f.Policv #15-Respect Native Hawaiian Riahts and Wahi Pana The proposed development does not anticipate any substantial impacts on any historic/archaeological sites,Hawaiian traditional and cultural practices,or access to streams,shorelines,or areas associated with Hawaiian religious,traditional or cultural practices. g,Policv #16-Protect Access to Kauai's Treasured Places The project will have no impact on public's access to streams,the shoreline,trails,recreational areas,or places associated with Hawaiian religious,cultural,or traditional practices. h,Policv #17 -Nurture Our Kejki The proposed renovations to the facility create an opport-unity for growth in the church membership and for congregation among community members.In addition,it could serve as an alternative meeting area for the youth. i.Policy,#18 -HonoLOur Kupuna Similar to benefitting the youth,the expansion area could also serve as an alternative meeting area to allow Kupuna to gather and interact with one another. j.Policv #19 -Communicate with Aloha The scheduling of this Application before the Planning Commission will allow the general public to participate in the planning and decision- making process for the proposed development. 7.5 Objective and Actions by Sectors Along with future land use and Community Planning,the following ten (10) sectors represent important areas to be addressed when planning Kauai's growth and development.In identifying the sector objectives and actions,care was given to ensure consistency with the goals and policies from Chapter 1,The following represents the Applicants connpliance with the applicable policies: Proposed Renovation to 'Ele'ele Baptist Church 17 a.The Watershed The proposal should not have any negative impacts on the natural, historic,cultural,or environmental qualities of,or resources within the Watershed areas,or access thereto, b.Housina The proposed development does involve the provision for additional housing in the 'Ele'ele community. c.TransDOrtation The project would result in negligible traffic into and from the Property and will have no negative impact on Kauai's transportation infrastructure. d.Infrastructure &Services The project would not require any additional infrastructure already serving the Property and provides additional meeting spaces for community related events. e.Shared Spaces The proposed development would provide much needed Shared Spaces for the comnnunity that would enable to host community related events.Shared Spaces are (defined as "civic spaces or areas used for ever/day community activities such as shopping,recreation and socializing. f.Economv There will be a short-term benefit to the contractors involved in the renovation/construction involving the church facility.The multi-use building could be available to the community for possible rental use, which could result in an economic boost for the church as well as the community. g.h^eritaae Resources The proposed use and structure should have no substanfial visual impacts on the surrounding properties,and no substantial impacts on historic sites,Hawaiian cultural or traditional practices,or access to streams,shorelines,areas associated with Hawaiian cultural or traditional practices,recreational areas,or other special places. h.Enerav Sustainabilitv The project should neither contribute to,nor dimmish energy sustainability for the island. i.Pyblic Safety &Hazards Resiliencv The subject property is not located within the tsunami inundation zone and not be subject to seal level rise. Proposed Renovation to 'Ele'ele Baptist Church 18 QeportunitY &Health For All The Project promotes knowledge of and access to the 'Ele'ele/Port Allen area,and furt-her promotes a walkable comnnuni-ty.In additional,it would contribute to the physical,mental,and spiritual health of the island. 7.6 Compliance with Kauai General Plan Standards The proposed renovation to fhe church facility would be consistent with the Neighborhood General designation of the General Plan in that it provides an environment that supports the 'Ele'ele/Port Allen core.The Property is in an area already served by the County's wastewater collection and treatment facilities and has an indirect connection to a major arterial road (Kaumuali'i Highway). 8.0 CZO ZONING DISTRICT CONSIDERATIONS 8.1 CZO Residential District The Property is located within the CZO Residential (R-4)Zoning District.The development standards within this district are noted as follows as well as the current conditions involving the Church Building: Development Standards for R-4 Residential District C.Z.O._Existina_F'roposed Lot Area (min.) Setbacks (Church Bldg.) 6,000 SF Front:lOfeet Sides:5 feet Rear:10 feet Land Coverage 60% 0.689-acre (30,013sq.ft.) 32 feet to Mehana Rd. >10feet >10feet 14.5% (4.352 sq.ft.) No change No change No change No change 37.5% (11.240sq.ft.) Max.Height (©Ridge) Church Cross feet 30 feet 27'-6"(Church Bldg.)30 feet 35 feet 43 8.2 Compliance with CZO Residential District Standards The proposed development will conform to the development standards. Although the parcel is zoned Residential District,it should be noted that the Proposed Renovation to 'Ele'ele BaptistChurch 19 church and parsonage was constructed in 1965 which pre-dated the CZO.While the Parsonage is a permirted use in this zoning district,the church use is considered non-conforming (aka. "grandfathered")since it was established prior to the adoption ofthe CZO on September 1,1972, The land coverage and setback involving the proposed development complies with the CZO standards,as noted above.As proposed the land coverage at the project will be approximately 37.5%of the parcel area and the addition to the church is setback greater than 10 feet from the side property line (along its western boundar/). a.Off-Street Parkina Reauirements Based on the parking standards established in Section 8-6.3(e)of the CZO,the existing church building would require a total of ten (10) parking stalls.With the proposed renovations (meeting room addition &pantry),the project would require five (5)additional parking stalls, bringing the overall total for the project to fifteen (15)off-street parking stalls. In considering the proposed development,the Applicant desires to retain the unimproved parking area to maintain the rural character of the neighborhood and minimize drainage runoff into neighboring properties, 8.3 CZO Special Treatment District The Property is located within the CZO Special Treatment -Public (ST-P)Zoning District.As set forth in CZO Section 8-11.1,the purpose of this designation is: "(a)To designate and guide development of County areas which because of unique or critical cultural,physical or locational characteristics have particular significance or value to the general public. (b)To ensure that development within those areas recognize, preserve,maintain,and contribute to the enhancement of those characteristics which are of particular significance or value to the general public. (c)To ensure that development within those applicable areas is constructed in a manner that safely mitigates impacts from coastal hazards,including but not limited to sea level rise,coastal erosion,high wave run-up,passive flooding,and an increased frequency and intensityofstorms." It is further noted that there are five (5)Special Treatment Districts.The Property is designated as "Public Facilities"(ST-P)and this designation is generally assigned to all public and quasi-public facilifies,other than commercial,including schools, Proposed Renovation to 'Ele'ele Baptist Church 20 churches,cemeteries,hospitals,libraries,police and fire stations,government buildings,auditoriums,stadiums,and gymnasiums.which are used by the general public or which tend to serve as gathering places for the general public; and those areas which because of their unique locations are especially suited for such public and quasi-public uses. 8.4 Compliance with CZO Special Treatment District Standards As specified in Section 8-1 1.4 of the CZO,"any use,structure or development permitted with or without a Use Permit in the underlying Use District in which the parcel or lot is located that is consistent with an approved plan for development in accordance with Sec.8-1 1.5."As such,the underlying Use District for the Property is Residential and compliance with the standards are noted in Section 8.2 above. 9.0 USE PERMIT &ZONING PERMIT CONSIDERATIONS 9.1 Use Permit Standards Pursuant to Article 3 of the Comprehensive Zoning Ordinance (CZO),Chapter 8 of the Kauai County Code (1987),the purpose of the Use Permit Procedure is to assure the proper integration into the community of uses which may be suitable only in specific locations of a district,or only under certain conditions,or only if the uses are designed,arranged,or conducted in a particular manner,and to prohibit the uses if proper integration cannot be assured.Section 8-3.2 of the CZO specifies a Use Permit may be granted only if the Planning Commission finds that the use meets the following criteria: a,The use must be a compatible use; b.The use must not be detrimental to persons or property in the area; c,The use must not cause substantial environmental consequences;and d.The use must not be inconsistent with the intent of the Comprehensive Zoning Ordinance (CZO)and General Plan. 9.2 Compatibility with Surrounding Uses As previously mentioned,the surrounding uses are primarily residential in nature containing a mixture of single-family residences and multi-family units.The church facility has been a part of the 'Ele'ele community for almost 55 years and demonstrated to be a valuable asset to the westside community.The proposed renovation will further enhance this facility and should continue to be compatible with the surrounding residential uses. 9.3 Not Detrimental to the Neighborhood or Community The proposed renovation to the church facility should not generate any Proposed Renovation to 'Ele'ele Baptist Church 21 additional traffic to the area,less noise,less impact on wastewater and solid waste disposal,and should not impact the existing neighborhood and community.The hours of operation for the church remains unchanged,refer to Section 2.5. 9.4 No Environmental Harm Through proper mitigation measures and construction methods,the Project should not result in any harmful environmental consequences for the parcel or the surrounding properties. 9.5 Consistent with the General Plan The use of the Subject Property as a place of worship for community members is consistent with the General Plan Neighborhood General Classification,which is intended to include medium intensity uses that "support the town core with housing,services,parks,civic/institutional,home occupation,and commercial uses."Referto Section 7.0,General Plan Considerations. 10.0 NATIVE HAWAIIAN ISSUES 10.1 Impacts on Traditional or Cultural Practices As described in the previous sections,the Proj'ect area has been in the 'Ele'ele community for nearly 55 years and prior to that,the subject property has been heavily disturbed with agricultural uses,As such,it is acknowledged that the Project should have no impact on any known traditional or customar/practices of Native Hawaiians and find that: a.There are no known traditional or customar/practices of Native Hawaiians that are presently occurring within the Project area. b.There are no indications of special gathering practices taking place within the Project area given the primary feature of the Project area consists of a church facility and parsonage (residence). c,There should be no detrimental effect on access to any streams, access to the shoreline or other adjacent shorelines,or gathering along any streams,the shoreline or in the ocean given that the nearest body of water is approximately one (1)mile away from the Subject Property. d.A surface reconnaissance has not identified any cultural or historic sites,or resources within the Project area. e.There are no known burials within the Project area. Proposed Renovation to 'Ele'ele Baptist Church 22 11.0 SUMMARY The existing church facility property continues to provide the neighborhood and community with positive social and educational services and contributes to the general welfare of the comnnunity-at-large and the surrounding community.The adjacent residential neighbors have not expressed major objections to the Clergy/Caretakers of the facilities over the years.With a Church Facility,there are normal inconveniences with traffic flow,parking and noises as encountered for a typical Church Facility.The Church will continue as they have been for the past 50 years.The Church expansion project would further enhance the experience for gathering within a new Lanai Entr/ prior to entering the worship facility,Accessory Rooms associated with the project would provide a much-needed meeting and storage spaces,and a Pantry for their community outreach program. As such,the Applicant respectfully requests that the Planning Commission of the County of Kauai approve the Application for a Use Permit and Class IV Zoning Permit to allow renovations to the existing Church Building on the Subject Property, DATED:Lihue,Kauai,Hawaii,_APR 1 5 2021 Matsumoto Santa Maria Architects,Inc. s^f^-^t^^ EDWIN SANTA MARIA Authorized Agent for Applicant Proposed Renovation to 'Ele'ele Baptist Church 23 EXHIBIT'A' (Letter ofAuthorization) •w Baptist Church 339 Mehana Road P.0.80x307 Eleele,Hl 96705 Federal EIN:99-027515 State ID:WH-207-108-6080-01 Member ofthe Non-Profit "Hawaii Pacific Baptist Conventjon" March 30,2021 To:"County of Kauai Building Permitting Officials", The Eleele Baptist Church authorize our Architect Edwin Santa Maria to be our representative in applying for the building permits and make changes as needed for the proposed addition to Eleele Baptist Church Building at 339 Mehana Road. If you have any questions please feel free to call me at 808-651-8359 or call our Senior Pastor Larry Hale at 808-859-319-9185, Mahalo, Craig Fta^ashi Eleele Baptist Church Trustee and Treasurer EXHIBIT'B' (FEMA Flood Information Map) ".w^-^ ^•y' ""^-f ,.f ~'^ ^-^^//'."f'y/'/" ^^.': Flood Hazard Assessment Report www.hawai i nfi p.org EBC-Flood Info Map •sssas-" Property Information Notes: COUNTY: TMKNO: WATERSHED: KAUAI (4)2.1.001:041 WAHIAWA PARCELADDRESS:ADDRESS NOT DETERMINED ELEELE.HI 96705 Flood Hazard Information FIRM INDEXDATE: LEFTER OF MAP CHANGE(S): FEMAFIRMPANEL: PANELEFFECTIVEDATE: FEBRUARY26,2021 NONE 1500020287G FEBRUARY26.2021 THIS PROPERT^IS WITHiN A TSUNAMI EVACUTION ZONE:N0 FOR MORE INFO,VISIT:http7/www.scd.hawaii.gov/ THIS PROPERTY iS WITHIN A DAM EVACUATION ZONE:N0 FOR MORE INFO,VISIT:http://dlnreng.haw3ii,gov/dsm/ 100 200ft f/this map has been identified as 'PRELIMtNARY',pleose note that it is being provided for informotional purposesandisnottobeusedforfJoodinsurancerating.Contact your county floodplain manager for flood zone deterrnirio- hons to be used for compliance with locol poodplain management regulations. FIOOD HAZARD ASSESSMENTTOOL LAYER LEGENO {Note:legend does not correspond with NFHL) SPECIAL FLOOD HAZARD AREAS (SFHAs)SUBJECT TO INUNDATION BY THE 1%ANNUAL CHANCE FLOOD -The 1%annual chance flood (100- year),also know as the base flood,is the flood that has a 1%chance of being equsled or exceeded in any given year.SFHAs include Zone A,AE, AH,AO,V,and VE.The Base Flood Elevation (BFE)is the water surfsce elevation of the 1%annual chance flood.Mandatory flood insurance purchase applies in these zones- Zone A:No 8FE determinec Zone AE:BFE determined. Zone AH:Flood depths of 1 to 3 feet (usuallv areas af ponding); BFE determined. Zone AO:Flood depths of l to 3 feet (usually sheet flow on slopmg terrain);average depths determined. Zone V:Coastal Hood lone with velocity hazard (waue action) no BFE determined. Zone VE:Coastal flood zone with velocity hazard (wave artion); BFE determined. Zone AEf:Ffoodway areas in Zone AE.The floodway is the channel of stream plus any adjacent floodplain areas that must be kept free of encroachment sa that the 1%annual chance flood can be carried without increasing the 8FE. NON-SPECIAL FIOOD HAZARD AREA -An area in a faw-to-moderate risk flood zone.No mandatory flood insurance purchase requirements apply, but coverage is avsilable in participating communities. Zone XS (X shaded):Areas of 0.2%annual chsnce flood;areas of 1%annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile;and areas protected by levees from 1%annual chance flood. Zone X:Areas determined ta be outsjde the 0.2%annual chance floodplain. OTHERFLOODAREAS Zone D:Unstudied areas whefe flood hazards are undeter- mined,but flooding is possible.No mandatory flood insurance purchase apply,but coverage is available in participating commu- nities. EXHIBIT'C' (General Plan Heritage Resource Map) ^ "//'/,' !'n /^> •:fW >*>'.'^'.^: .y' y ^-~3-.-i: •^'/' ^./--^ •_'*-;~-^^ ^~:^^-^ud^nDpi^^^?E^;;\^^^' j;:,!?^'^1^-^-^:'^-^^?^--'••^'r>/S '^^-^::;..J'-';"-^:';^^^??-'<5^c:x?fe^:1.^1 ^t¥'r^^^?&^:"S^':~---~-''''^"-~7'\'':,'i ---"-^"-^-';^*^**'.S»-:.' "^•'-'~~^^^•^i/^,^^^^^':''^'-.^Q^i <•• ^ s'^ 0!oke!e Sugar MifS ^^^'^ss^^^-:/^^^^f^'^'^S;?-^HanaPePe^^^3^^<^E'i"?:SI'^s^f^^x^^^^^^^ W-:y ••^"^?<_'/';--;'.-^sS—^f^^C**'" 5o;!-Pond. Beac^^ark ^'®w-'PortAllen r'Be-^SM -isrrf'a- W&rt-fi OiE ^.&t eie.^-.£'*i wng :/'! Project Location 1 in =l rniies NORTH Miles 0.75 1.5 Figure 5-10 Hanapepe-'Ele'ele Heritage Resource Map •&<.•,..'1:^ &»»- Reglstered Husorl-c Sttes 13 State a Natloiial B State &Natlonal Cuttural F&atures Prlority Publk Access Potnts *tish Ponds Streams &Wiaterbadjes Major Roads fiiOiids Trails Planning Disinct Boundary I J Ahupua'a Boundarl^s Wettands @3 Coral Reefs Reguiated Fi^hing Areas State &Coiinty Parks Prftserves Rft&ervcwrs ^^3 Tradltional Cultivatton Areas KN Sand D-un&i MK Op^nSpac&Acqulsltiari Pnorittes ^U Crifcal Hahtat Tlweatened &Endan&er^d Sp&clc's f'^a Ngh Denslty RS^Vuy High tenalty EX IT' (Site Plan,Floor Plan,Exterior Elevations) t-0 ?1 -A 'SDP'?0'—^'5d ^S ,'5'^ll' 4.'IJ 5'-0"^IOE SETgACk 80-SEAT CAPACin',)-riTALL PER 8-^EAI 10-8.5'x?0'PARKING STALLS I n'T 61,' PROFOSER LANAI ROOF ADDtTION EXISTING CHIJRCH (80 swt i-.opacifv) PROPOSED ADDtTION HC HC PARKIN&^IGN IT "!1' 120';'6'-W 2S i.O'i ^'.0'!6 SITE PLAN T(5ro&RArHiC.MAf &HOMIN<& LOT 61-1 Elecle,,Kouai,l-1auxiii TMKt (4)2-1-0f--41 CSAKI SURS/FTfrt*<MAPPlNcS-,INC.Ownw^Eleele Bapilat Church •i-..'.l Ewiww-.-1.-.^-,,i,v..,..i^,.,,,,.;.Date.r-1arch 2,2020 't-li 'l-1.i!?r^,.ni-l ?t.I-«M' 1 il'i.f,h,.«hii..l.lr:;i.aii '.^,7(,t "i^i NEW FLOOR PLAN "•':y .SM£:i/«'-r-o' MEN'S f^STROOM OD RO (N0 CHANC F-^/^j |WOMEN'S R^SfflOOM [I \L-_,_j t _tNO CHANGE). AREA CALCULATIQN5 EXiST.CHURCH NEW SIDE ENTKY NEW MEET1NG SPACE NEW STORAGE NFFW PANTOY NEW BREE7FWAY 2387 SO.FT. 1456 SO.FT. 117 SO.FT. 253 SO.FT. 550 SO.FT. JJJ SO.FT. 9.275 SO.FT. •120V WNDOW AIR CONDITIONE'R 6'-0"WIDE WINDOWS ALIGNED WITH CHURCH BUILDING WINDOWS STUDWALL AT 16"O.C,WITH WSWATION F>nFRIOR SIDIMG AND GYPSUM WALL 89ARO GRAPH1C SCALE ^A •^y 'HI '•'a^. g5;iSS SsSE <i<!!<l|0[<l!<t<! Sa'^Ss 5 ^v.s e:<s tl III!sl ^2S"c S III2^Ey<l --> A-1 g 1 s 1 ':S 8 !s I 1"s MATSUMOTO SANTA MARIA ARCH1TECTS.INC. ARCHITECTUIIE PLANNINO INTER10R QESiatt ! SHSCf TTL£ EXTCTIOR ELEVAFtnS.MKfl SCHEDULf mHBOIIf SCKED-JLE Th.^ffORX Wfi PREPJWEO BT U£ OR JS3EH Ut 5UPETO5KW ANO CCtiSTRU^ION O?TVira ^RQkCCT WU.BE UNBEn Uf OBSEBrtnni s ^ i s ; > ^a? •^ s 3f 3» s s s c K o > > o s o g z g § s s 3 s s o 33 '0 z T3 •u s 3>-.> z z ^z ^s § C5 -^ o ^ o •s ?^ >>>a s i £ 1 o 3 u p o 3 B s ^J z ^s 1 s g -&i -&i ^i ^ ^l Ka'aina S.Hull Director of PIanning Jodi A.Higuchi Sayegusa Deputy Director of Planning I.SUMMARY Action Required by Planning Commission: COUNTY OF KAUA'I PLANNING DEPARTMENT DIRECTOR'S REPORT Consideration of a Class IV Zoning Permit and a Use Permit to expand and renovate a portion of the existing church sanctuary building to include lanai additions,a new meeting room,storage spaces,and a pantry. Permit Application Nos.Class IV Zoning Permit Z-IV-2021 -9 UsePermit U-2021-8 NameofApplicant(s)'ELE'ELE BAPTIST CHURCH II.PERMIT INFORMATION v:\2021 master files\regu[atory\2oning perm!ts\dass iv\z-iv-2021-9\reports\report-l 6.8.21_z-iv-2021-9_u-2021-8_eleele baptist church.docx ^PE^MTIS.REQpKED;^•..:<.:,;../^ 13 Use Permit A Use Permit is triggered for the subject property because of the Special Treatment-Public Pacilities (ST-P)zoning. Pursuant to Section 8-11.4 (b)of the K.C.C.1987,as amended,a Use Permit is required for repairs or modifications of land and existing structures that substantially change the exterior form or appearance of the stmctures or land in a manner inconsistent with the surroundmg area within the Special Treatment District. I1 Project Development Use Permit N/A Variance Permit N/A Special Permit N/A ^l Zoning Permit CIass Pursuant to Section 8-3.1 ofthe K.C.C.1987,as amended,a Class IV Zoning Permit is a procedural requirement in applymg for a Use Permit. |_|Special Management Area Permit QUse 1iMinor N/A Date of Receipt of Completed April21,2021 Application: Date of Director's Report:May 25,2021 Date of Public Hearing:JUNE 8,2021 Deadline Date for PC to Take Action (60 Day):July24,2021 III.PROJECTDATA IV.LEGAL REQUIREMENTS Section 8-3.1(f),KCC:This report is being transmitted to the Applicant and Plannmg Commission in order to satisfy the requirements ofSection 8-3.l(f),relatmg to the Z-IV-2021-9,U-2021-8;Director's Rcport'Ele'ele Baptist Church June8,2021 a|Page AMENDMENTS 1]Zoning Amendment N/A Q General Plan Amendment N/A State Land Use District Amendment N/A PROJECT INFORMATION Parcel Location:The project site is located on the makai side of Kaumuali'i Highway, approximately 300 feet east of the Kaumuali'i Highway/Mehana Road mtersection. Tax Map Key(s):(4)2-1-001:041 Area:30,013 sq.ft. ZONING &DEVELOPMENT STANDARDS Zoning:R-4/ST-P State Land Use District:Urban General Plan Designation:Neighborhood General Height Limit:30 feet Max.Land Coverage:60%Maximum Front Setback:lO'-O" Rear Setback:5'or '/2 the wall plate height whichever is greater Side Setback:5'or '/2 the wall plate height whichever is greater Community Plan Area:West Kaua'i Community Plan Community Plan Land Use Designation: Residential Neighborhood Deviations or Variances Requested:N/A provision ofthe Planning Director's report and recommendation on the subject proposal within sixty (60)days ofthe filing of a completed application.The application was received on April 21,2021 and the Applicant,through its authorized agent,was notified accordingly of the Planning Department's intent to commence permit processmg. PubKc Hearing Date:JUNE 8,2021 V.PROJECT DESCRIPTION AND USE The subject property,'Ele'ele Baptist Church,is located at 339 Mehana Road,and further identified as Tax Map Key (4)2-1-001:041.The subject property maintains two stmctures on the property:1)the main church sanctuary building,which is located closest to Kaumuali i Highway;and 2)a parsonage building,which is located closest to Mehana Road. The proposed improvements are only limited to the mam sanctuary building and include the expansion and renovation to both sides of the existing stmcture.On the eastem wmg,a new outdoor lanai will be attached to the sanctuary as a flex space for overflow seating and informal gatherings.On the westem wing,the applicant is proposing to construct a new breezeway that will connect the existing sanctuary to a new pantry,storage room,and meeting space.As represented,the meetmg space will be utilized for bible study,group meetings,and a community gathering space.The storage and pantry space will be used to store the church equipment and other supplies.It should be noted that there are two existing storage sheds located behind the sanctuary buildmg and visible from the main highway.As represented,the storage sheds will be removed once the new storage room is constructed.Finally,the applicant is proposing to replace fhe roof shingles over the existmg sanctuary building to match the roof materials on the new constructed wiugs.The roof replacement will not increase the overall height of the building or the roofline of the existing portion of the main sanctuary. As represented,the new improvements will add 3,045 sq.ft.to the existing church sanctuary building for a total area of 5,432 sq.ft.A breakdown of the square footage is provided in the table below. Addition Square Footage Z-IV-2021-9,U-2021-8;Dh-cctor's Rcpott'Ele'ele Baptist Church June 8,2021 3|Page ExistmgCBBrch;Area ^,387^: New side entry/Lana'i 1,456 NewMeetingSpace 447 New Storage Room 259 NewPantiy 550 New Breezeway 333 =New Total Church Area 5,432 sq.ft. VI.APPLICANT'S REASONS/JUSTIFICATION Please refer to the Application. VII.ADDITIONAL FINDINGS 1.The subject property abuts Kuhio Highway and is located across the 'Ele'ele Nani Subdivision at the intersection of Kuhio Highway and Ulaula road. 2.The State Land Use District (SLUD)designation for the subject property is Urban which allows for urban growth m a specified area. 3.All proposed improvements or developments are not located within the Special Management Area and the shoreline setback area. 4.The subject property is located withm Zone "X"of the Federal Emergency Management Agency Area (FEMA).Flood Insurance Rate Map (FIRM)/FEMA has identified Zone "X"areas as outside of the 0.2%annual chance of flooding.In addition, this area is outside of the Tsunami Evacuation Zone. 5.Zoning Permit History According to the County of Kaua'i Real Property Tax assessment records,the sanctuary building and the parsonage were constmcted around 1965.Therefore,both stmctures are considered non-conforming buildings that were created prior to the County's Comprehensive Zoning Ordinance (1972).In addition,the church use is considered a non-conforming use for being established prior to 1972 and remaining an active and continuous use to the present day. The Department maintains several zoning permits for this subject property,as listed in the table below.Most ofthe Class I Zoning permits,except for Z-601-2010,involve improvements to the parsonage 01 minor additions (i.e.fence)to the property. 1995-Fellowship Hall The only relevant zonmg permits related to the main sanctuary building include Z-FV- 1995-21 and Z-601-2010.In 1995,the Planning Commission approved Class IV Zonmg Permit Z-FV-1995-21 with conditions of approval for the construction of a new fellowship hall and accessory stmctures (cabins)on the subject property.The proposed fellowship hall was to be located on the eastem side of the sanctuary building. 1998-Complaint and Inspection Z-1V-2021-9,U-2021-8;Dircctor's Report'Ele'eIe Baptist Church June8,2021 4|Page In 1998,the Department received a formal complaint and conducted an inspection of the subject property (Insp-1999-65).The nature of the complaint involved compliance with the Class FV Zoning Permit conditions of approval,particularly conceming the use of the temporary cabins. Based on the Department's review of the file and in conversations with the applicant, the fellowship hall was never constructed,and the cabin accessory structures were removed sometime after 2010 and are no longer on the subject property. 2010-InteriorRenovations to the Main Sanctuarv As represented by the applicant,the 2010 zoning pemiit allowed for the interior renovations to the existing footprint of the main sanctuary building. 'Ele'ele Baptist Church Permit History 6.Historic Stmctures Pursuant to Hawai'i Revised Statutes (HRS)§6E-2,a historic property is defined as "any building,stmcture,object,district,area,or site,including heiau and underwater site,which is over fifty years old." Z-IV-2021-9,U-2021-8;Diiector's Report'Ele'ele Baptist Church June 8,2021 5|Page VJSSSVfEEE^SSSESSSVSfSWfSBSSSSESSSSSSSS'•'SfiQsSfSwiSfisssy"^yWSMKWIiffiWiSi^^m&W^'ISafs^msii^is' ^onSSaive^ilt^ovm^ esi^<Si{ rty^^6t^: 1982 Z-660-1982 New Chain Link Fence 1985 2^60-1985 earport^diilftionito Reisittence 1988 Z-820-1988 Chain Link Fence i3S2 ;R1^55i^?.;.:.:;.."''OEPPermiit;fortheparsonage DamageincluMed:|roofandbeanng^ gone,wat^tlan]ag^,^nd(lamagetoceHin^ ^n(10t^|a.n<tlfl!OOre.i^<A.'i:^f:;^!:';^ B-opOseclReRaire:rebui|dandMilarge 1995 Z-IV-1995-21 Proposed Fellowship Hall and accessory structures (Note:The Fellowship Hall was never constructed and the accessory structures/cabins no longer remain on the property). 2010 Z-601-2010 Interior Renovations for the Maln Sanctuary By definition,both the main sanctuary building and the parsonage are considered historic properties that are approximately 56 years old.Although the subject property was not listed on the National or State Historic Register,the Department forwarded the subject application to the Kaua'i Historic Preservation Review Commission (KHPRC) to determine whether the historic property is significant and eligible for listmg to the historic register. At its meeting on March 18,2021,the KHPRC voted to support the proposed project as represented.The KHPRC recommendation letter is attached as Exhibit A. 7.CZO Development Standards a.The proposed development is subject to standards prescribed in Sections 8-4.3 and 8-6.3 (e)(3)(d). b.Setback Requirements:Front property line setbacks are lO'-O"with a side and rear property line setback of five feet (5'-0")or half the distance of the plate height whichever is greater. c.Parking Requirements: 1)Sanctuarv Building:The sanctuary building is considered a non-conforming use and stmcture and is not subject to the parkmg requirements set forth in the CZO. However,the church maintains adequate parking on-site for the existing and the proposed uses.The off-street parking stalls are unpaved to be in keeping with the rural character of the area. Pursuant to Sec.8-6 (e)(3)(d)ofthe CZO,off-street parking requirements for a church use is one (1)parking space for each eight (8)seats in the principal assembly room.The existing sanctuary has an 80-seat capacity that would require at least 10 off-street parking stalls.In evaluating the proposed improvements,the Department has determined that no additional parking stalls would be required as the meeting room,storage space,pantry,and lanai would function as accessory uses that will not increase the permanent seatmg capacity for the principal assembly room. Although not required,the church is proposing to add an additional five (5) parking stalls to accommodate the proposed improvements.Altogether,the total off-street parking for the subject property would be 15 stalls,even though the church can hold up to 24 parking stalls on site. Z-IV-2021-9,U-2021-8;Dircctor's Report 'Ele'ele Baptist Church June8,2021 6|Page 2)Parsonage:As a non-confomiing use and structure,the parking requirements of the CZO are not applicable.However,it should be noted that the parsonage had a carport addition in 1985 that can accommodate at least one off-street parking stall.In addition,there is sufficient off-street parking on the subject property to accommodate additional cars for the parsonage use.The proposed improvements for the sanctuary building should not affect parking for the existmg parsonage use. d.Setback between buildings:The distance between buildmgs shall be ten (10)feet mmunum. e.Lot Coverage:Thesubjectpropertyhasamaximumlotcoverageof60%.As represented by the applicant,the proposed improvements will add approximately 3,045 sq.ft to the total church area.Altogether,the total lot coverage including the proposed improvements will be under the 18,000 sq.ft.limit (60%). f.Building Height:Pursuant to Sec.8-4.5 (b)(l),the building height should not exceed 30 ft.As represented,the proposed improvements will not exceed the building height limit in a residential area.The existing steeple on the mam sanctuary building protmdes above the allowable height limit;however,the existing steeple is considered non-conforming and not subject to the building height development standards. 8.UsePermit a.Pursuant to Article 3 of the Comprehensive Zoning Ordinance (CZO),Chapter 8 of the Kaua i County Code (1987),the purpose ofthe Use Peimit procedure is to assure the proper integration into the community of uses which may be suitable only in specific locations of a district,or only under certain conditions,or only if the uses are designed,arranged or conducted in a particular manner,and to prohibit the uses ifproper integration cannot be assured.Section 8-3.2 ofthe CZO specifies a Use Permit may be granted only if the Planning Commission finds that the use meets the following criteria: 1)The use must be a compatible use; 2)The use must not be detrimental to persons or property in the area; 3)The use must not cause substantial environmental consequences;and 4)The use must not be mconsistent with the intent of the Comprehensive Zoning Ordinance (CZO)and General Plan. VIII.AGENCY COMMENTS See attached Exhibit "B" IX.PRELIMINARYEVALUATION Z-FV-2021-9,U-2021-8;Directot's Report'Ele'ele Baptist Church Jimc 8,2021 7|Page In evaluating the Applicant's request,the following are being considered: 1.GeneralPlan The proposed development satisfies the following policies of the General Plan,as taken from Section 1.3 and 1.4: The proposed improvements implement the goals and policies outlined below: Goals: Goal #1-Sustainable Island Goal #2-A Unique and Beautiful Place Goal #3-A Healthy and Resilient People Goal #4-An Equitable PIace,with Opportunity for AII The proposed improvements promote the goals set forth in the General Plan by growing sustaiaably and in thoughtful consideration of future growth planned for the region;preserving natural view planes in the area;and increasing resiliency and equity in the community through their mmistey programs. Policies: Policy #1-"Manage Growth to Preserve Rural Character" Policy #3-"Recognize the Identity of Kaua'i Individual Towns and Districts" Policy #4-"Design Healthy and Complete Neighborhoods" Policy #6-"Reduce the Costs ofLiving" Policy #17-"Nurture our Keiki" Policy #18-"Honor our Kupuna" The proposed improvements are in direct alignment with the policies listed above. The accessory expansion of the church building is intentionally designed to be in keeping with the mral character ofthe area,and will further enhance the unique identity of 'Ele'ele as a gateway town to West Kaua'i.The location of the church within a residential neighborhood promotes a walkable,neighborhood by increasing community access to shared spaces and services.The new constmction also provides the church with the physical space needed to expand their mmistry of feeding the hungry.The coromunity outreach programs,which benefit keiki to kupuna,help to support families in need by reducing the high cost of living on Kaua'i. 2.West Kaua'i Communitv Plan The proposed project is m compliance with both the regional and town goals of the West Kaua'i Community Plan (2020).In the town plan,the subject property is designated as Residential Neighborhood for its location in a residential neighborhood that is primarily made up of single-family housing types.Although the subject property has a church and a parsonage on site,the church building and its proposed Z-IV-2021-9,U-2021-8;Director'a Report'Ele'ele Baptist Church June 8,2021 8|Page improvements will continue to be single-story and will blend in with the existing residential community. 3.Native Hawaiian Traditional and Cultural Rights As represented,the Applicant asserts the following: •The subject property has been heavily disturbed with agricultural uses;therefore, the project should have no impact on any known traditional or customary practices of Native Hawaiians. •There are no known traditional or customary practices of Native Hawaiians that are presently occurring within the Project area. •There are no indications of special gathering practices taking place withm the Project area given the primary feature of the project area consists of a church facility and parsonage (residence). •There should be no detrimental effect on access to any streams,access to the shoreline or other adjacent shorelines,or gathering along any streams,the shoreline or in the ocean given that the uearest body of water is approximately one (1)mile away from the subject property. •A surface reconnaissance has not identified auy cultural or historic sites,or resources within the Project area. •There are uo known burials within the Project area. 4.Use Pennit a.Pursuant to Article 3 of the Comprehensive Zonmg Ordmance (CZO),Chapter 8 of the Kauai County Code (1987),the purpose of the Use Permit Procedure is to assure the proper integration into the community of uses which may be suitable only in specific locations of a district,or only under certain conditions,or only if the uses are designed,arranged or conducted in a particular manner,and to prohibit the uses if proper integration cannot be assured.Section 8-3.2 of the CZO specifies a Use Permit may be granted only if the Plannmg Commission finds that the use meets the following criteria: 1)The use must be a compatible use; 2)The use must not be detrimental to persons or property in the area; 3)The use must not cause substantial enviromnental consequences;and 4)The use must not be inconsistent with the intent of the Comprehensive Zoning Ordinance (CZO)and General Plan. Z-IV-2021-9,U-2021-8;Director'a Repott 'EIe'ele Baptist Church June 8,2021 9|Page 5.The proposed improvements are considered accessory and complementary uses to the existing church use.As previously stated,the sanctuary building and the parsonage are both non-conforming structures and uses that have been established in the community for over fifty years.The subject property is located across the street &om the St.John Episcopal church and is adjacent to residential housing on the east and west sides of the property.The long-standing operation of the church,in a residential area,is demonstrative of its integration into a residential neighborhood. 6.Although the Department received a formal complaint and conducted a formal inspection on the subject property in 1998,the nature of the complaint was based on compliance with conditions for the fellowship hall,which was never constructed,and the accessory structure use,which was removed from the subject property.Therefore, the 1998 violation was resolved and should not affect the proposed improvements under this application. 7.The proposed improvements are to be evaluated under the Special Treatment District criteria.Pursuantto Section 8-11.4 (b)ofthe K.C.C.1987,as amended,aUsePemiit is required for repairs or modifications of land and existing structures that substantially change the exterior form or appearance of the stmctures or land in a manner inconsistent with the surrounding area within the Special Treatment District.The subject property,zoned R-4 and Special Treatment District-Public Facilities (ST-P),is considered a public facility and quasi-public facility because of the church use. Therefore,the proposed improvements,which support the church use,will continue to be in keeping with the intent of the Special Treatment District-Public Facilities. 8.In terms of traffic,the proposed improvements are not anticipated to generate a substantial increase in activities beyond existmg events that take place on the subject property.As represented,the church has multiple services within the week,but has reduced in person seivices and offered onlme services due to the COVID-19 pandemic. The online service option has generated less ttaffic on the subject property. 9.The proposed improvements may increase traffic from the food drives.However,such events are regulated by church members who help to facilitate traffic and distribute food bags.In addition,the meeting room space presents opportunities for bible study and community meeting space that should not generate more teaffic than the church services. 10.As mentioned earlier,the church maintains adequate room for off-street parking and is providmg additional stalls beyond what is required.The parking area will remain unpaved to preserve the rural character of the surrounding area.As represented,the church can accommodate a maximum of twenty-four off street parking stalls. 11.It should be noted that the highest attendance of the church may occur during the weekend and weekday services which has an 80-seat capacity limit.Although the community outreach programs may generate activity on site,such activities will requiie Z-IV-2021-9,U-2021-8;Dircctor's Report Ele'ele Baptist Church June 8,2021 io|P ag e minimal parking and may even occur at other days and times from the church services. Therefore,the twenty-four off street parking stalls should be more than sufficient to accommodate the existing and proposed church uses. 12.As represented,the proposed improvements will provide the space needed to support and expand the church ministry programs.During the COVID-19 pandemic,the church,in partnership with the food bank,hosted monthly food drives and distributed as much as 200 bags of food to those in need.In addition to the food drives,the church provides snack packs to an after-school program.Currently,extra food and other goods are being stored in the main sanctuary and m the storage sheds located at the back of the building.It is the church s intent to use the proposed storage room and food pantry area as a dedicated space to store food and other goods for future events.Once the accessory improvements are constructed,the church will remove the outdoor storage sheds. 13.Along with the food ministry program,the church intends to use the proposed meeting room as a community gathering space for hosting bible study and other group meetings. It is envisioned that the meeting space could provide a safe place for fellowship amongst youth,elderly,and other populations.As represented,the church desires to serve and contribute to the community's overall physical,mental,and spiritual health. 14.As witnessed during the COVID-19 pandemic,churches have played an essential role in serving the community through food drives,counseling,and providing community space.The church's presence in the community,especially during COVID-19 times, provides a sense of stability and hope to those who are in need. X.PRELIMINARY CONCLUSION The proposed development is not anticipated to have any detrimental impacts to the enviromnent or to the surrounding area and is in compliance with the criteria outlined for the granting of a Use Permit and a Class TV Zoning Pennit. The Applicant should institute the "Best Management Practices"to ensure that the operation of this facility does not generate impacts that may affect the health,safety,and welfare of those in the surrounding area of the proposal. In addition,the Applicant should implement to the extent possible sustainable building techniques and operational methods for the project. XI.PRELME\ARY RECOMMENDATION Based on the foregoing evaluation and conclusion it is hereby recommended that Class IV Zoning Permit Z-IV-2021-9 and Use Pennit U-2021-8 be APPROVED.If approved,the following conditions shall be implemented: Z-IV-2021-9,U-2021-8;Dmctor's Repon'Ele'eIe Baptist Church Jimc8,2021 ii|P ag e 1.The proposed uses and improvements shall be operated and constmcted as represented.Any changes to said development shall be reviewed by the Planning Director to determine whether Planning Commission review and approval is warranted. 2.The Applicant is advised that should any archaeological or historical resources be discovered during ground disturbing/constmction work,all work in the area of the aTchaeological/historical findings shall immediately cease and the Applicant shall contact the State Department of Land and Natural Resources, Historic Preservation Division at (808)692-8015 and the Planning Department at (808)241-4050 to determine mitigation measures. 3.In order to minimize adverse impacts on the Federally Listed Threatened Species,Newell's Shearwater and other seabirds,ifextemal lighting is to be used in connection with the proposed project,all extemal lighting shall be only ofthe following types:downward-facing,shielded lights.Spotlights aimed upward or spotlighting of stmctures shall be prohibited. 4.The Applicant shall develop and utilize Best Management Practices (B.M.P's) during all phases of development in order to minimize erosion,dust,and sedimentation impacts of the project to abutting properties. 5.The Applicant is advised that prior to construction and/or use,additional govemment agency conditions may be imposed.It shall be the Applicant's responsibility to resolve those conditions with the respective agency(ies). 6.The Applicant shall resolve and comply with the applicable standards and requirements set forth by the State Health Department,State Historic Preservation Division-DLNR,and the County Departments of Public Works, Fue,Transportation,and Water. 7.The Plannmg Director reserves the right to re-evaluate and increase the parking requirements when particular uses cause unusual traffic congestion and or adverse impacts to the surrounding area. 8.To the extent possible within the confmes of union requirements and applicable legal prohibitions against discrimination in employment,the Applicant shall seek to hire Kauai contractors as long as they are qualified and reasonably competitive with other contractors and shall seek to employ residents of Kauai in temporary construction and permanent resort-relatedjobs.It is recognized that the Applicant may have to employ non-Kauai residents for particular skilledjobs where no qualified Kauai residents possesses such skills.For the purposes of this condition,the Commission shall relieve the Applicant of this requirement if Z-IV-2021-9,U-2021-8;Dircctor's Rcport Ele'ele Bapdst Church June 8,2021 i2|P a ge the Applicant is subjected to anti-competitive restraints on trade or other monopolistic practices. 9.The Plannmg Commission reserves the right to revise,add,or delete conditions of approval in order to address or mitigate unforeseen impacts the project may, create,or to revoke the permits through the proper procedures should conditions of approval not be complied with or be violated. The Planning Commission is further advised that this report does not represent the Planning Department's final recommendation in view of the forthcoming public hearing process scheduled for JUNE 8,2021 whereby the entire record should be considered prior to decision-making.The entire record should include but not be limited to: a.Pendmg govemment agency comments; b.Testimony from the general public and interested others;and c.The Applicant's response to staff's report and recorru^end^tiei^as provided herein. By Marisa Valenciano Planner Approved &Recommended to Commission: Date: KA'AINASJHULL Diiector of Planning •^l^^l^ Z-IV-202I-9,U-2021-8;Director's Report'Ele'ele Baptist Church Jnne 8,2021 13 l Pag e EXHIBIT"A" (KHPRC Recommendation Letter) KAUA'I HISTORIC PRESERVATION REVIEWCOMMISSION JODI A.HIGUCHISAYEGUSA,CLERK OF COMMISION DATE: TO; FROM: -MEMORANDUM March22,2021 Kaua'i Planning Commission Kauai Historic Preservation Review Commission GERALD IDA,CHAIR SUSAN REMOALDO,VICE CHAIR JAMES GUERBER,MEMBER CAROLYN LARSON,MEMBER STEPHEN LONG,MEMBER AUBREY SUMMERS,MEMBER SUBJECT:Kaua'i Historic Preservation Review Commission Action for: ---—'Ele'eleBaptistehurch Renovation and Expansion of the Main Sanctuary Building 339 Mehana Rd.,'Ele'ele TMK:(4)2-1-001:041 This letter memorializes the action taken by the Kauai Historic Preservation Review Commission (KHPRC)effective hflarch 18,2021 concerning approval forthe expansion and renovation ofthe main church sanctuary building. The KHPRC voted to SUPPORT the proposed project as represented. Please feel free to contact us if you have any questions regarding this matter. Mahalo, ILIChl Oate:2°21.°3.20 15:31:18 .DigltallyslgnedbyJodiHigucN Date:2021, ^e'oe1- Jodi A.Higuchi Sayegusa CleFkofth&Kaua'i-HisteFie-pFeservation Review Commission Ce:Mr.Edwin Santa Maria,Applicant's Representative 4444 Rice Street,Suite A473 •Lihu'e,Hawai'i 96766 •(808)241-4050 (b) An Equal Opportunity Employer EXHIBIT"B" (Agency Comments) r'i..'-NiNG D E;P COUNTY OF KAUA'I PLANNING DEPARTMENT 4444 RICE STREET,SUITE A473 LIHU'E,HAWAI'I 96766 21 NAY-6 P1 28 (808)241-4050 FROM:Kaaina S._Hull,D.irector (Marisa)April 22,2021 R£Cc,i .'j:.!.; SUBJECT:ClassTV Zoning Permit Z-IV-2021-9,Use Pemiit U-2021-8,Expansion To Church Building And New Lanai Tax Map Key:(4)2-1-001:041,Ele'ele Baptist Church,Applicant TO: D D D D D D D Department of Transportation -STP DOT-Highway,Kauai(info only) DOT-Airports,Kauai (info only) DOT-Harbors,Kauai (info only) State Department of Health State Department of Agriculture State Office ofPlanning State Dept.of Bus.&Econ.Dev.Tourism State Land Use Commission State Historic Preservation Division DLNR-Land Management DLNR-Foresty &Wildlife DLNR-Aquatic Resources DLNR-OCCL D D D D D DPW-Engineering DPW-Wastewater DPW-Building DPW-SolidWaste Department of Parks &Recreation Fire-Department County Housing-Agency County Economic Development KIIPRC Water Department Kaua'i Civil Defense U.S.Postal Department UH Sea_Grant County Transportation Agency Other: FOR YOUR COMMENTS (pertaining to your department): 5i^\^y^\ CTft tirftt>ij>0 F>»<^WOre Oo»^0*"^>ohA '^a '^oTSCr ^^ This matter is scheduled for a public hearing before the County of Kauai Plaaning Commission on 6/8/2021 at the Lihue Civic Center,Moikeha Building,Meeting Room 2A-2B,4444 Rice Street, Lihue,Kauai,at 9:00 am or soon thereafter.If we do not receive yoiir agency comments within one (1) month from the date of this request,we will assume that there are no objections to this permit request. Mahalo! IN6'-}COUNTY OF KAUA'I PLANNING DEPARTMENT 1\ !N RICE STREET,SUITE A473 LIHU'E,HAWAI fW --'•• (808)241-4050 RECEfVEO APR 2 7 202] ^S^.^HS^, Hull,Director (Marisa)April 22,2021 SUBJECT:Class IV Zoning Permit Z-IV-2021-9,Use Pemiit U-2021-8,Expansion To Church Building And New Lanai Tax Map Key:(4)2-1-001:041,Ele'ele Baptist Church,Applicant TO: Department of Transportation -STP DPW-Engineering DOT-Highway,Kauai(info only)D DPW-Wastewater DOT-Aiiports,Kauai (info only)a DPW-BuiIding D DOT-Harbors,Kauai (info only)a DPW-SolidWaste State Department of Health a Department of Parks &Recreation D State Department of Agriculture Fire-Department D State Office of Planning n County Housing-Agency D State Dept.of Bus.&Econ.Dev.Tourism County Economic Development n State Land Use Commission n KHPRC State Historic Preservation Division Water Department D DLNR-Land Management a Kaua'i Civil Defense D DLNR-Foresty &Wildlife U.S.Postal Department D DLNR-Aquatic Resources UH Sea_Grant D DLNR-OCCL County Transportation AgencyaOther: FOR YOUR COMMENTS (pertaining to your department): See comments on attached sheet. April 30,2021 Acting Chief Districlf Envl.r^nmental Health Office Kauai This matter is scheduled for a public hearing before the County of Kauai Planning Commission on 6/8/2021 at the Lihue Civic Center,Moikeha Building,Meeting Room 2A-2B,4444 Rice Street, Lihue,Kauai,at 9:00 am or soon thereafter.If we do not receive your agency comments within one (1) month from the date of this request,we will assume that there are no objections to this permit request. Mahalo! Class IVZoning PermitApplication:Z-IV-2021-9 Use Permit:U-2021-8 Applicant:Ele'ele Baptist Church Based on our review ofthe application,we have the following environmental health concerns for your consideration at this time. 1.Temporary fugitive dust emissions could be emitted when construction activities occur.In accordance with Title 11,HAR,Chapter 11-60.1 "Air Pollution Control", effective air pollution control measures shall be provided to prevent or minimize any fugitive dust emissions caused by construction work from affecting the surrounding areas.This includes the off-site roadways used to enter/exit the project.The control measures include but are not limited to the use ofwater wagons,sprinkler systems,dust fences,etc. 2.Noise will be generated when the construction phase of this project begins.The applicable maximum permissible sound levels as stated in Title 1 1,HAR, Chapter 11-46,"Community Noise Control"shall not be exceeded unless a noise permit is obtained from the State Department of Health (DOH). 3.In accordance with Title 11,HAR,Chapter 11-58.1,entitled "Solid Waste Management Control",the construction waste that will be generated by the project shall be disposed of at a solid waste disposal facility that complies with the DOH.The open burning of any of these wastes on or off site is prohibited. Due to the general nature ofthe application submitted,we reserve the right to implement future environmental health restrictions when information that is more detailed is submitted. •Land Use Review Clearinghouse Form '^i i r>h APPLICANT:E^k^i-l-^h^VJt^w APPLICATION N0:^--W-T-&xl^,Q --^1<-^ DEADLINE: TO:D \^ Sanitarian (Ricky Oyama,Lisa Otoman-Murayama,RogerAgullana) D Wastewater Branch (Lori Vetter) Clean Air Branch (Legan Kaatnw)t-^ a "Clean Water Branch (Gary Ueunten) D Safe Drinking Water Branch D Food and Drug Branch /EPO Please review the attached land use application and indicate your comments or concerns below. Please return to Darren after everyone has reviewed the proposal. .Sanitation Comments ; !-i (..•r^i'--(,.'-».'4(i-^iUv/';^ Wastewater Comments; Clean Air Comments;_i CIean Water Comments;. Safe Drinking Water Comments; Food and Drug /EPO Comments; COUNTY OF KAUA'I PLANNING DEPARTMENT 4444 RICE STREET,SUITE A473 LIHU'E,HAWAI'I 96766 (808)241-4050 FROM:Kaaina S.Hull,Director (Marisa)April22,2021 SUBJECT: TO: Class IV Zoning Permit Z-IV-2021-9,Use Permit U-2021-8,Expansion To Church Building And New Laiiai Tax Map Key:(4)2-1-001:041,Ele'ele Baptist Church,Applicant u Department of Transportation -STP DPW-Engineermg DOT-Highway,Kauai(info only)DPW-Wastewater DOT-Airports,Kauai (info only)D DPW-Buildmg D DOT-Harbors,Kauai (info only)DPW-SolidWaste State Department ofHealth D Department ofParks &Recreation D State Departttient ofAgricultureaStateOfficeofPlanung u County Housing-Agency D State Dept.ofBus.&Econ.Dev.Tourism D County Economic Development State Land Use Commission D ICHPRC State Historic Preservation Division Water Department D DLNR-Land Manageinent u Eaua'i Civil Defense D DLNR-Foresty &Wildlife D U.S.Postal DepartmentuDLNR-Aquatic Resources UH Sea_Grant D DLNR-OCCL County Transportation Agency D Othec FOR YOUR COMMENTS (penaining to your department): Shall follow all applicable Fire Codes for the County of Kauai. Note:Structure shall follow all Building Code requirements for occupancy use and fire protection features applicable.Water supply for fire protection shall be sufficient for water flow requirements of Water Dept. This matter is scheduled for a public hearing before the Couaty of Kauai Planning Commission on 6/8/2021 at the Lihue Civic Center,Moiteha Building,Meeting Room 2A-2B,4444 Rice Street, Liliue,Kauai,at 9:00 am or soon thereafter.ff we do not receive your agency comments within one (1) month &om the date of this request,we will assiune that there are no objections to this permit request. Mahalo! RE: APPLICANT: SUPPLEMENT #1 TO PLANNING DIRECTOR'S REPORT Class IV Zoning Permit Z-IV-2021-9 UsePermit U-2021-8 'ELE'ELE BAPTIST CHURCH Edwin Santa Maria,Authorized Agent APPLICATION 1NFORMATION Attached for the Plarming Commission s reference are supplemental documents as follows: 1.Exhibit A:Additional Agency Comments a.County of Kaua'i,Department of Public Works-Engineering dated April 30,2021 2.Exhibit B:Site Visit Photos of the Subject Property a.The attached photos were taken by the Department during a site visit on May 19, 2021.The pictures show the existing subject property including the main sanctuary building,the unpaved parking area,the existing storage sheds,and the areas where the proposed improvements will be located. By '^1 Marisa Valenciano Staff Planner Date:33/0.1 Z-rV-2021-9,U-2021-8 Supplement ffl to Dircctor's Report'EIe'ele Baptist Church 5.27.2021 EXHIBIT"A" (Additional Agency Comments) COUNTYOFKAUA'I : PLANNING DEPARTMENT 4444 RICE STREET,SUITE A473,LIHU'E,HI 9<SWTy nF KAUAI Phone:(808)241-4050 •21 KBY25 P1 :2U TO:Kaaina S.Hull,Director (Marisa)April 22,2021 SUBJECT:Class IV Zoning Pennit Z-1V-2021 -9,Use Peniiit U-2021 -S,l'Expah'si'o'nTo''• Church Building And New Lanai Tax Map Key:(4)2-1-001:041,Ele'ele Baptist Church,Applicant TO: Department ofTransportation -STP ^ DOT-Highways,K.aua i (info only) Q DOT-Aiiports,K.aua'i (info only)Q D DOT-Harbors,Kaua'i(infoonly)D StateDepartmentofHealth D 11 State Department ofAgricuIture ^l Q StateOfficeofPlanning D State Dept.ofBus.Econ,Dev.Tourism || I1 State Land Use Commission I1 ^]State Historic Preseivation Division ^\ I1 DLNR-Land Management d DLNR -Forestiy &Wildlife D DLNR -Aquatic Resources Q DLNR-OCCL PW 04.21.119 DPW -Engineering DPW -Wastewater DPW -Building DPW -Solid Waste Department of Parks &Recreation Fire Department County Housing Agency County Economic Development KHPRC Water Department K-aua'i Civil Defense U.S.Postal Department UH Sea Grant County Transportation Agency Other: April30,2021FORYOURCOMMENTS(peUaining to your department): We have reviewed the subject application for the expansion and renovation ofan existing building at TMK:(4)2-1-002:041 for Ele'ele Baptist Church.We offer the following comments. 1.All grading and/or grubbing activities need to be in compliance with the County's Sediment and Erosion Control Ordinance No.808. 2.Proposed improvements shall be designed in compliance with the Stonn Water Runoff System Manual,July 2001. 3.All existing drainage runoffvolumes and flow pattems shall be maintained and subject to Best Management Practices (BMPs).BMPs shall be implemented at all times to the maximum extent practicable to prevent damage by sedimentation,erosion,or dust to streams,watercourses,natural areas,and the property ofothers. Sincerely, Michael Moule,P.E. Chief,Engineering Division MM/PT copy:Design and Pennitting Z-IV-2021-9,U-2021-8 Ele'ele Baptist Church April30,2021 Page 2 PW 04.21.119 This matter is scheduled for a public hearing before the County ofICaua'i,Planning Commission on 6/8/2021 at the Lihu'e Civic Center,Mo'ikeha Building,Meeting Room 2A-2B,4444 Rice Street,Lihu'e,Kaua'i,at 9:00 am or soon thereafter.Ifwe do not receive your agency comments within 21 days from the date ofthis request,we will assume there are no objections to this peniiit request.Mahalo! EXHIBIT"B" (Site Visit Photos May 19,2021) 'Ele'efe Baptist Church TMK:2-1-001:041 Site Visit Photos 5/19/21 Page 1 Photo #1 Eastern View showing the existing main sanctuary building and the area where the lanai will be constructed. Photo tt2 Rear view of property showing the existing storage sheds on the back side of the main sanctuary building.These storage sheds will be removed once the storage gets constructed. fS&ssseiisetiisiSt^'sva.ssssa 'Ele'ele Baptist Church TMK:2-1-001:041 SiteVisitPhotos 5/19/21 2 Photo #3 Southwestern view of the subject property from Kaumuali'i Highway.Photo shows the area of the western expansion where the storage room,meeting space,and pantry area will be constructed. Photo #4 Photo of the backside of the existing parsonage building.There are no proposed improvements to the parsonage building. Ele'ele BaptistChurch TMK:2-1-001:04l SiteVisitPhotos 5/19/21 3 Photo #5 Front and western side view of the main sanctuary building Photo #6 Photo from the front property line on Mehana road showing the paved driveway and the unpaved parking area. 'Ele'ele BaptistChurch TMK:2^1-001:041 Site Visit Photos 5/13/21 Page4 Photo #7 Front and eastern side view of the main sanctuary building.Closer view of the proposed lanai addition area. 1 APPLICATION OF MANA‘O CAPITAL GROUP FOR CLASS IV ZONING PERMIT ON PROPERTY LOCATED IN LIHUE, KAUAI TAX MAP KEY (4) 3-3-006:020 I. APPLICANT Mana‘o Capital Group, LLC, hereinafter “MCG,” is the Owner Applicant seeking the subject permits. MCG is owned by JZE Holdings, LLC, hereinafter “JZE.” Janie Yoo, MD, and Paul Yoo, DDS, as Managers of JZE, will act as its representatives to proceed in all matters relating to the processing of the permits sought herein (see Exhibits 1 and 2 for operating agreements for MCG and JZE). II. PROPERTY DESCRIPTION The Subject Property (Exhibits 3, 4) is composed of Lot E of Kukui Grove Village II of File Plan No. 1828, situated at Lihue, Puna, Island and County of Kaua‘i, State of Hawaii, and further described as Kauai Tax Map Key No. (4) 3-3-006:020 ("Subject Property"). The Subject Property contains approximately 94,370 square feet (2.1664 acres). The following are the relevant land use designations applicable to the land use permit procedure: A. State Land Use District: SLUC Urban District (Exhibit 5). B. General Plan Designation: General Plan Urban Center. C. Zoning: Commercial-General District (Exhibit 6). III. APPLICABLE ZONING CONSIDERATIONS The Subject Property is located within SLUC Urban District and therefore is controlled by the CZO, which establishes zoning districts and the particular uses allowed within each district. The Subject Property is located in the Commercial-General District, which allows for offices and professional buildings, residential dwellings, detached, attached or multi- family dwellings (Use Table CZO Section 8‑2.4(j)(13) and (19)), among other things, as permitted uses. IV. APPLICABLE PROCEDURAL REQUIREMENTS CZO Sec. 8-6.3 provides that any project with property over one (1) acre triggers a Class IV Zoning Permit. Such a permit triggers an agency hearing before the Planning Commission and requires notification of the proposed project to adjacent properties within three hundred (300) feet of the boundaries of the Subject Property. In addition to the standard commercial development standards, the CZO Commercial-General District portion of the Subject Property is limited to a ninety percent (90%) land coverage. V. OTHER CONSIDERATIONS A. Lihue Community Plan. The Subject Property is designated in the Lihue Community Plan. The Lihue Community Plan sets the long-range vision for 2 the region of Lihue. The long-term planning goals for the area surrounding the Subject Property remain in commercial use. B. Flood Zone. According to the Flood Insurance Rate Maps ("FIRM"), the Subject Property is located within the Flood Zone X (Exhibit 7). The Subject Property designation in Flood Zone X does not trigger the need for a flood elevation certificate, and the existing commercial building is flood compliant. C. Density. The CZO Commercial-General District for properties designated as SLUC Urban District allow twenty (20) dwelling units per one (1) acre, subject to development standards listed in the CZO. Given the Subject Property is 94,370 square feet (2.1664 acres), the permitted density is approximately twenty-two (22) dwelling units. D. Historical and Cultural Resources. If there are known historic sites, historic artifacts, or native Hawaiian burials on or discovered on the Subject Property, the matter will be referred to the State of Hawaii, Department of Land and Natural Resources, Historic Preservation Review Division ("SHPD"). SHPD may require certain studies to be undertaken to evaluate the significance of the historic resources and may order preservation or relocation of certain historic sites, historic artifacts, or burials in accordance with HRS Chapter 6E and any applicable administrative rules. Given the Subject Property is fully improved and consists of previously graded lands, it is unlikely SHPD will require further archeological studies. E. Flora. There are no threatened or endangered plant species located on the project site. The project site is fully landscaped. VI. APPLICABLE DEVELOPMENT STANDARDS Development standards for the structures associated with commercial use are regulated by the commercial development standards set forth in CZO Section 8-6.3. VII. EXISTING AND SURROUNDING USES A. Existing use. The Kukui Grove Cinema is a 4-theater cinema complex that was built in 1985 initially, then expanded in 1994. It has been closed since March 2020. B. Surrounding Uses. The Kukui Grove Village II, within which Subject Property is located, already contains a mixture of retail and office space, including healthcare offices, banks/insurance agencies, fast food restaurants, etc. The Subject Property is also adjacent to the County of Kauai’s Pua Loke Housing Project. VIII. PROJECT DESCRIPTION MCG proposes to renovate the old Kukui Grove Cinema in order to create a new two- story mixed-use professional office building on the same footprint and within the existing exterior walls. This renovated professional plaza would include commercial office spaces in addition to some second-floor residential units. One of the theater rooms 3 would be retained as a theater/auditorium. The following were considered in framing the appropriateness of the facility at this location: A. Kauai General Plan. The proposed renovations stand in harmony with the vision, goals and policies found in the updated County of Kauai General Plan (GP) in Sections 1.3 & 1.4 (www.plankauai.com). The overarching goals of the GP include: (1) a sustainable island, (2) a unique and beautiful place, (3) a healthy and resilient people, and (4) an equitable place with opportunity for all. In order to promote “a healthy and resilient people,” adequate medical facilities are necessary to support the health of our residents on the island. Lihue is the center of business for the island - home to Kauai’s major airport as well as professional offices, health care facilities, and shopping centers for residents and visitors alike. A modern professional plaza, especially one for medical professionals, would be a logical use of the old cinema, which fits in nicely with neighboring properties. The renovated medical office building spaces would allow for state-of- the-art medical facilities that would allow the people of Kauai access to premier health care. Also, retaining one of the theater rooms as an auditorium/conference center/theater would help promote the arts with a mid-sized venue available for usage in the community – it would truly be a place to gather and socialize, a venue for arts and culture. Moreover, this project aligns with the County vision of helping Kauai to become an equitable community, “where businesses…and entrepreneurs thrive” and “where housing for all ages and income levels is integrated into the fabric of each community, and where people can live close to work and services.” Building out reasonably priced commercial office space would give opportunity for entrepreneurs to find a “home” for their businesses. In addition, repurposing the open space and high ceilings of the cinema to create modern, leasable, second-story apartment units would help contribute six additional residential units to Lihue, which would be a small but important contribution to alleviating the housing shortage. These units would be accessible, attainable housing options and desirable in that they would likely be close to residents’ places of work, thereby helping to curb the ever-present issue of traffic congestion. Of the nineteen specific policies outlined in the GP, this project appears to align closely with the first two: (1) manage growth to preserve rural character and (2) provide affordable housing while facilitating a diversity of privately- developed housing for local families. The Subject Property lies within the Urban District, which would concentrate growth within the existing town of Lihue, thereby allowing agricultural lands and open space to be preserved as rural areas. Also, as described above, our project proposes construction of privately-developed housing for local families within the existing footprint of current cinema building. This would help contribute to the County’s goal of developing 9000 housing units by 2035 in order to meet the projected housing demand. B. Community Support. Based on communication with neighboring landowners within the Kukui Grove Village II, there appears to be support for the proposed renovations. 4 C. Access and Easements. The Subject Property has vehicular and pedestrian access via Kukui Grove Street via Haleko Road. D. Availability of Utility Services. All basic utility facilities such as water, electric, sewage, and telephone connections are available for the project. E. Project Design. In reference to Exhibits 10-15, the proposed renovations to the existing structure would be to convert the existing slab‐on grade building into a two-story office building. As the original building was designed as movie theater, most of the building is constructed from solid CMU blocks and stucco. The roof is a parapet flat roof, and there are metal frame doors and windows. The majority of the exterior will remain intact, although with added openings – both doors and windows – with metal frames to match existing. The existing wood fascia will be refurbished and updated with a decorative band of concrete fiberboard crafted in a tropical pattern. Currently there are four theaters within the building (see Exhibit 10). On the bottom floor, three of the theaters would be converted into commercial space. Theater No. 2 would remain a theater/auditorium, leasable to the community. On the 2nd floor above Theater No. 1, we envision more commercial leasable tenant space. Above the Doctors’ offices in Theater No. 3 and Theater No. 4, there are plans for residential units. In order to access the new second-floor apartments, a gently sloping metal stairway with concrete treads will be located on the northeast face of the building, entered through a six-foot high gate and garden fence built of wood. F. Parking. As noted on Exhibits 8 and 9, a total of at least 144 parking stalls are already present. These will be designated for commercial and residential tenants and customers. A minimum of 112 stalls are required based on one (1) stall for every 200 square feet of net office space (16,000 net square feet total equaling 80 stalls), one (1) stall for every eight (8) seats in principal assembly room (160 seats in one theater, equaling 20 stalls), and two (2) stalls for every residential unit (6 apartments, equaling 12 stalls). Thus, even if one theater were to remain functioning as a place of assembly, the parking stalls currently are more than sufficient. Of note, the parking area is also utilized by some of the neighboring office buildings within the Kukui Grove Village II. However, based on the current daily usage of parking space, in which only about 20 parking stalls appear to be occupied by overflow from neighboring offices, there remains a sufficient number of stalls to accommodate even this overflow. G. Lot coverage. As noted on Exhibit 9, current lot coverage of the existing building is eighteen percent (18%), well within the stipulated limit of ninety percent (90%) land coverage. The proposed renovations will largely take place within the limits of the current building structure. H. Hours of Operation. The different businesses would have varying office hours, but would likely be open from Monday through Friday from 8 am to 5 pm. The theater/auditorium space could be rented out during regular daytime 5 hours, but would most likely be utilized during the evenings or weekends for various functions. Residential units would be occupied daily at all hours. IX. CONCLUSION Based on the foregoing, MCG concludes that renovation of the Kukui Grove Cinema into a professional office building consisting of commercial space mixed with residential units would be a reasonable and compatible use. We feel that this renovation project will add value to the community, and we seek approval for a Class IV zoning permit. Any questions associated with this application may be directed to the undersigned. Mana‘o Capital Group, LLC, a Hawaii limited liability company By JZE Holdings, LLC, a Wyoming limited liability company, Its Member By: ______________________ Janie Yoo, Manager By: ______________________ Paul Yoo, Manager 224 Lulo Rd. Kapaa, HI 96746 Tel: 808-346-9600 Email: jknee23@yahoo.com 6 EXHIBIT LIST Exhibit 1 Operating Agreement – Mana‘o Capital Group, LLC Exhibit 2 Operating Agreement – JZE Holdings, LLC Exhibit 3 Location Map – General Location Exhibit 4 Location Map – Tax Map Exhibit 5 Location Map – SLUD Urban District Exhibit 6 Location Map – Zoning: Commercial General District Exhibit 7 Flood Zone Map Exhibit 8 Boundary Survey Map (ALTA Survey) Exhibit 9 Boundary Survey Map (enlarged) Exhibit 10 Floor Plan – 1st Floor Exhibit 11 Floor Plan – 2nd Floor Exhibit 12 Roof Plan Exhibit 13 Exterior Elevation Photos – North Exhibit 14 Exterior Elevation Photos – South Exhibit 15 Building section EXHIBIT 2 PROJECT VICINITY MAPPROJECT LOCATIONLIHUEKUKUI GROVESHOPPING CENTER EXHIBIT 4 EXHIBIT 6 EXHIBIT 7FLOOD ZONE - MAP EXHIBIT 8 LOT CALCULATIONSLot E area = 94,370 sq ftExisting building = 17,271 sq ftTotal lot coverage = 18.3%TMK (4) 3-3-006:020 EXHIBIT 10 TMK (4) 3-3-006:020TextPHASE-IPHASE-II 2ndTMK (4) 3-3-006:020PHASE-IPHASE-II EXHIBIT 12 TMK (4) 3-3-006:020- PROPOSED TMK (4) 3-3-006:020 Ka'aina S.Hull Director of Plannmg I.SUMMARY Action Required by Planning Commission: Jodi A.Higuchi Sayegusa Deputy Director ofPlanning COUNTY OF KAUA'I PLANNING DEPARTMENT DIRECTOR'S REPORT Consideration of Class IV Zoning Permit to allow conversion of the existing Kukui Grove Cinema building into a mix-use professional office/residential project. Permit Application Nos.Class IV Zoning Permit Z-IV-2021-10 Name of Applicant(s)MANA'O CAPFTAL GROUP,LLC. Janie Yoo,MD &Paul Yoo,DDS,Representatives II.PERMIT INFORMATION PERMrrSREQlHRED I1 Use Permit []Project Development Use Permit I1 Variance Permit [_]Special Permit ^l Zoning Permit Class 1 IV Dm Pursuant to Section 8-8.4 of the KCC,1987,as amended,a Class FV Zoning Permit is a procedural requirement for development of commercial zoned property that is greater than one (1)acre in size. 1I Special Management Area Permit DUse QMinor AMENDMENTS 11 Zoning Amendment [_|General PIan Amendment I1 State Land Use District Amendment Date of Receipt of Completed N/A Application: Date of Director's Report:N/A Date of Public Hearing:N/A Deadline Date for PC to Take Action N/A (60 Day): III.PROJECTDATA IV.LEGAL REQUIREMENTS Section 8-3.1(f),KCC:This report is being transmitted to the Applicant and Planning Commission in order to satisfy the requirements of Section 8-3.1 (f),relating to the provision of the Planning Director's report and recommendation on the subject proposal within sixty (60)days of the filing of a completed application.The application was received on April 21,2021 and the Applicant,through its Z-IV-2021-10;Dfrector's Report Mana'o Capital Group,LLC. 05.24.2021 2 |Page PROJECT INFORAMTION Parcel Location:Lihu'e.The parcel is situated in the vicinity ofthe Haleko Road/Pua Loke Street intersection,further identified 4368 Kukui Grove Street. Tax Map Key(s):3-6-006:020 Area:2.167acres ZONING &DEVELOPMENT STANDARDS Zoning:General Commercial (C-G) State Land Use District:Urban General Plan Designation:Urban Center Height Limit:50 feet (C-G) Max.Land Coverage:90%(General Commercial) Parkiag Requirement:As proposed,the development requires a total of one hundred twelve (112)off-street parking stalls. TOTAL AVAELABLE =144 spaces Front Setback:10 feet Rear Setback:Ofeet Side Setback:Ofeet Community PIaa Area:Lihu'e Community Plan Community PIan Land Use Designation: NA. Deviations or Variances Requested:NA. authorized agent,was notified accordmgly of the Planning Department's intent to commence permit processmg. Commission Meeting Date:JUNE 8,2021 V.PROJECT DESCRIPTION AND USE As represented,the project involves the renovation ofthe fomier Kukui Grove Cinema building into a 2-story mixed-use project containing professional offices on the ground floor and residential units on the second floor.The improvements will occur within the existing footprint of the building.The extent of the improvements includes: o Professional Office/CommerciaI Spaces:Three of the theaters shall be converted into commercial space,while Theater No.2 will remain a theater/ auditorium that is available to the community (for rent/lease).On the 2nd flooi above Theater No.1,this space will be available as leasable commercial tenant space.Theater Nos.3 and 4 will be renovated to accommodate doctor's offices and various examination rooms (refer to Exhibit 10 of the Application). o Residential:Above the Doctors'offices in Theater No.3 and Theater No.4, there are plans for six (6)residential units ranging from a studio,1-bedroom apartment and multi-bedroom apartment units.They range in size from approximately 350 square feet (SF)to 1,900 SF (refer to Exhibit 11 ofthe Application).In order to access the new second-floor apartments,a gently sloping metal stairway with concrete treads will be located on the northeast face of the buildmg,entered through a secured six-foot high gate and garden fence built of wood. The Applicant mdicates there are a total of 144 off-street parking stalls existing within the subject property.As proposed,the CZO specifies a minimum of 112 parking stalls based on the various uses. VI.APPLICANT'S REASONS/JUSTIFICATION Please refer to sections of the application. VII.FINDINGS 1.Project Site &Surroundings The project site is situated immediately across the street from Pua Loke Neighborhood Park,which has since been recently developed into transitional housing units.The adjacent property to the north used to be a part of the Nawiliwili Road right-of-way and is now under constmction being developed mto a project containing a total of 53 affordable housing units. Z-IV-2021-10;Director's Report Mana'o Capital Group,LLC, 05.24.2021 3|Page The project site is situated within and a part ofthe Kukui Executive Center which include the parcel to its immediate west.The County Department of Water administration building and baseyard is situated further west. The land uses suirounding the site includes quasi-public facilities and commercial development.As previously noted,a public park is situated immediately across the street and the nearest residential development is approximately 500 feet to the east (within the Pua Loke Residential Subdivision). 2.Flood Zones The general topography of the project site is relatively flat,containing a gentle slope from west to east,in the directioa ofPua Loke Street.The Federal Emergency Management Agency (FEMA)Flood Insurance Map shows the project site is situated within the flood zone identified as Zone 'X'.FEMA has identified those areas wifhin the Zone "X"are determined to be outside the 0.2%aimual chance floodplain. 3.Existing Land Use Pennits The following information represents land use approvals/pennits associated with the subject property: o CIass IV Zoning Permit Z-IV-98-33 -This application received approval by the Plannmg Commission on April 23,1998 and it involved the construction of a 2-plex addition to the existing Kukui Grove Cinema facilities. 4.Kaua'i General Plau CGP) The General Plan designation for the subject property is "URBAN CENTER."It should be noted that the Urban Center designation is only applied in the Lihu'e District. In this district,it is applied to urbanized areas to accommodate intensive urban uses and zoning such as general commercial and general mdustrial.In addition,these areas are considered hubs for activity,coinmerce,and interaction.The GP recognizes the opportunity to revitalize town centers by encouraging a mixture of businesses and housing,along with "attractive design places to work,live and play." 5.Uhu'e Commumtv Plan (LCP) The subject property is covered by policies contained with the LIhu'e Community Plan but it is situated outside ofthe Lihu'e Town Core (LTC).As such,it is not subject to the development standards contained within the Special Planning Areas of the LTC, prescribed in Section 10-5A ofthe Kaua'i County Code (1987),as amended (KCC). 6.Vehicular Access The primary access to the project is through Kukui Grove Street,which is a County roadway,and it is presently wide enough to accommodate two-way vehicular traffic. Aa existmg driveway connecting mto Kukui Grove Street provides egress/mgress to the project site as well as the neighboring professional office buildings in the Kukui Grove Executive Center. Z-IV-2021-10;Director's Report Mana'o Capital Group,LLC. 05.24.2021 4 |P ag e VIII.AGENCY COMMENTS Attached as Exhibit 'A'. IX.PRELIMINARYEVALUATION In evaluating the Applicant's development proposal,the following aspects are being considered: 1.General Plan (GP) a.The County General Plan (2018)acts as an over-arching values statement and provides a policy framework for the Kauai Island Plan and Community Plans within a twenty-year timeframe.The County GP provides broad goals,objectives,policies, and implementing actions that portray the desired direction ofthe County's future. b.The renovation of the Kukui Grove Cinema building into a mixed-use development is in accordance with the goals,objectives,and policies of the Kaua'i General Plan as demonsttated below: 1)Goal #1:Promote a Sustainable Island Objective:Improve the stewardship of the natural environment Policies: o Manage growth to preserve mral characteristic by limiting supply of developable land to an amount adequate for future needs,prohibiting development not adjacent to towns,and ensuring new development occurs inside growth boundaries and is compact and walkable o Protect the island's natural beauty by preserving the open space and views between towns. 2)Goal #2:Stewardship and Protection of Unique and Beautiful Place Objective:Share kuleana,or responsibility to care for and protect treasured resources,traditions,and qualities of the natural,built,and human environment.Policies include: o Recognize and protect the identity of Kauai's individual towns and districts and uniqueness in community plans and reinforced in development standards. o Uphold Kauai as a unique visitor destination by protecting the identity of Kauai's visitor industry by focusing on revitalization and limiting new resort growth only to existing Visitor Destination Areas and reducing visitors'impacts on mfrastructure and communities. Z-IV-2021-10;Dlrector's Report Mana'o Capital Group,LLC, 05.24,2021 5|Page o Respect native Hawaiian rights and Wahi Pana by perpetuating traditional rights and protecting public trust resources and cultural sites in all land use development and activities. o Protect Access to Kauai s treasured places such as the access to and customary use of shoreline areas,trails,and places for religious and cultural observances,fishing,gathering,hunting, and recreational activities,such as hiking and surfing. 3)Goal #3:Healthy and Resilient People Objective:Increase resilience and vitality of communities and improve natural,built,and social environment to promote better health outcomes. Policies include: o o o o o Design healthy and complete neighborhoods by ensuring new and existing neighborhoods have safe roads and functional parks, as well as access tojobs,commerce,transit,and public services. Make Strategic mfrastructure investments by having govemment investment support growth areas and include priority projects as identified in Community Plans. Build a balanced multimodal transportation system to reduce congestion conditions through strategic mfrastmcture improvements and increase multimodal transportation options. Complete Kauai's shift to clean energy by mitigating climate change and reduce system-wide carbon emissions by at least 80 percent by 2050 through deep reductions m energy use and by transforming electricity,transportation,aud infrastructure systems toward the use of clean energy. Prepare for climate change and impacts to the island economy, food systems,and m&astmcture. 4)Goal #4:Equitable Place,with Opportunity for All Objective:Foster diverse and equitable coinmunities with vibrant economies,access to jobs and housing,and a high quality of life. Policies includes: o o Z-IV-2021-10;Director's Report Mana'o Capital Group,LLC. 05.24.2021 Provide affordable housing while facilitatmg a diversity of privately-developed housing for local families by establishing fair and effective housing ordinance,adequate capital,effective partnerships,clear policy guidelines ensuring cost-effective and energy-efficient homes by design and location,a strategy for providing adequate infrastmcture for affordable housing,a housing first approach to ending homelessness,and a timetable for action. Reduce the combined cost of housing and transportation by connecting housing tojobs and by providing a diversity of housing types and affordable trausportation options. 6 |Page o o o o Create and foster thriving commercial areas in Town Centers through improved infrastmcture,civic space,streetscapes, updated zoning standards,and streamlined approval processes. Value youth as Kauai s most treasured resource and provide them with safe communities,great schools and facilities,and financially sustainablejobs,housing,and transportation opportunities so they are able to seek livelihoods on Kaua'i. Prepare for the aging of Kauai's population through housing services,and facility improvements that meet the needs of elderly households. Communicate with aloha;Kauai's residents care about planning and decision-making. Govemment must share infonnation,encourage input,improve public processes,and be responsive. c.The project is consistent with the Urban Center GP designation in that it serves as an opportunity to revitalize the LThu'e Town center by providing an opportunity for its residents to work,live,and play.What makes this project desirable is that it is situated within the Kukui Grove Village and immediately adjacent to the Kukui Executive Center where it promotes a village concept where people can seek and receive services within a designated area.With the Urban Center designation,the residents can take full advantage of commercial amenities and recreational activities in the area.Furthermore,the project would economically diversify the neighborhood by offering an opportunity for professionals to live and work within the same building. 2.LThu'e Communitv Plan (LCP) a.As proposed,the project would be consistent with the LCP's vision that reads,"The Lihu'e District shall be a place with walkable,compact communities,each distinct yet connected,and each with its own unique identity and sense ofplace." b.Due to the project's centralized location,the project can be considered "distinct yet connected since it is adjacent to well-travelled roadways that provides access from Rice Street to the commercial retail facilities at the shopping mall and large outlet stores. c.The project is consistent with Strategy III of the LCP,relatmg to the "10 Minute Walk."The strategy ensures that growth occurs near existing community centers m order to avoid sprawl and to accommodate anticipated housing needs at densities appropriate to the desired character of Lihu'e. 3.Comprehensive Zoning Ordinance (Chapter 8 of the KCC) As proposed,the project requires a Class IV Zoning Permit since the area of the parcel is greater than one (1)acre and zoned Commercial District (C).However,the development standards for the project is managed by the standards contained in the Z-IV-2021-10;Director's Report Mana'o Capital Group,LLC, 05.24.2021 7 |Pag e LCP and LTC Urban Design Plan,Section 10-5A of the KCC. a.Off-Street Parking Based on the various uses listed in the Application,the CZO will require a minimum of 112 off-street parking stalls and accommodations for bicycle parking &storage for the project.As represented,there is surplus parking available on the subject property.However,the Applicant is made aware that the Planning Director may mcrease vehicle and bicycle-parking requirements when particular uses or locations occur in areas where unusual traffic congestion or conditions exist or are projected. In further considering the project,it is noted that the development of the Kukui Executive Center complex envisioned a series of buildings along a private roadway with the overall plan to have off-street parking shared between the tenants in lieu of separate driveways and parking lots for each lot.This arraugement has proven to be successful since customers could easily access these facilities.The movie theater complex was originally considered m this overall plan and such use proved to integrate compatibly since the nearby office complex facilities was a daytime use thereby making off-street parking stalls surrounding the complex available for movie theater patrons during evening hours.The off-street parking plan proposed for the renovation of the theater complex still conforms to the overall master development plan for the Kukui Executive Center and should not generate any unusual off-street paiking demands.This development should continue to allow parking for customers utilizing the Kukui Executive Center.As such,the Applicant should submit to the Planning Department,an updated and recorded copy of the offstreet parkmg arrangement between this facility and the Kukui Executive Center. Other factors to consider relative to the integration of the proposed development at this location are noted as follows: 4.In&astmcture The department is awaiting coinments from various govemment ageucies relating to the infrastructure serving this development.While mfrastmcture issues are generally resolved between the Applicant and respective agencies (see attached Director's Report for all Agency Comments),certain issues warrant further discussion and analysis: a.Wastewater Treatment The subject property is located within the Lihu'e Wastewater sewer system service area.The Department of Public Works (DPW)has not provided their recommendations for the project as it relates to drainage,flood,streetscape,and wastewater capacity.As such,the Applicant would be advised that this issue should be resolved prior to submittal of any building pemiit application for any of the proposed buildings in the development. b.FIood/Drainage Z-IV-2021-10;Director's Report Mana'o Capital Group,LLC. 05.24.2021 8|Page The department has not received DPW's recommendations for the project relating to drainage.A Drainage Study may be necessary to evaluate the impacts of storm runoff as a result of the development.Prior to permitting,the Applicant is advised that this issue be resolved prior to submittal of any building pemiit application. 5.Agency Comments The Applicant should resolve and comply with all agency requirements as recommended in the permit application review,includmg but not limited to the fire code requirements as imposed by the County Fire Department, drainage/flood requirements for DPW-Engmeering Division,wastewater requirements for the State Department of Health (DOH),and the archaeological/ historical requirements ofthe State Historic Preservation Division (SHPD). 6.Native Hawaiian Traditional and Cultyral Righte It is noted that the project site was previously disturbed through intensive agricultural cultivation and more recently as a part of the commercial development withm the Kukui Grove Village commercial subdivision.While there wasn't a requirement prior to any development to conduct an Archaeological Inventory Survey at the time project was initially constmcted in the 1980's,there has been no unexpected archaeological discoveries or any known impacts to Native Hawai'i Traditional and Cultural Practices on the subject property.However,the Applicant has been informed to contact the State Historic Preservation Division and Plannmg Department if they receive any knowledge of or discover any cultural/historical resources. It is uncertam as to whether the Applicant has made provisions for night illumination with the project,based on the preliminary plans that have been submitted.If so,night illummation should be designed to minimize adverse impacts on the Federally Listed Threatened Species,Newell's Shearwater and other seabirds.Night lighting should be shielded from above and directed downwards and shall be approved by the U.S.Dept.of the Interior Pish and Wildlife Service.If extemal lighting is to be used in connection with the proposed project,all extemal lightmg should be only ofthe following type:downward- facing shielded lights.Spotlights aimed upward or spotlighting of structures is prohibited. X.PRELIMENARY CONCLUSION Based on the foregoing findings and evaluation,it is concluded that through proper mitigative measures and compliance efforts,the proposed development is appropriate relative to the provision of providing altemative housing and commercial opportunities within Lihu'e Town. It is further concluded that in anticipating the agency requirements from the County Dept. of Public Works,Wastewater and Engmeering Divisions,various technical requirements relating to infrastmcture improvements need to be resolved during the land use permit process and prior to building permit application. Z-IV-2021-10;Director's Report Mana'o Capital Group,LLC. 05.24.202] 9 |Page The Applicant should institute the "Best Management Practices"to ensure that the operation of this facility does not generate impacts that may affect the health,safety,and welfare of those in the surrounding area of the proposal. XI.PRELMINARY RECOMMENDATION Based on the foregoing evaluation and conclusion,it is hereby recommended that the proposed development involving the conversion of the existing Kukui Grove Cinema building into a mix-use professional office/residential project through Class IV Zoning Permit Z-IV-2021-10 be APPROVED with the following conditions: 1.The project and its amenities shall be constructed and operated as represented.Any changes to the subject buildings and/or operations shall be reviewed by the Department to determine whether Planning Commission review and action is required. 2.As represented,theApplicant shallprovide a minimum of one hundred-twelve (112) off-street parking stalls and accommodations for bicycle parking &storage for the project.However,the Applicant is made awaie that the Plarming Director may increase vehicle and bicycle-parking requirements when particular uses or locations occur in areas where unusual traffic congestion or conditions exist or are projected. 3.The Applicant shall submit to the Planning Department,an updated and recorded copy of the offstreet parking arrangement between this facility and the Kukui Executive Center. 4.Prior to building permit application,the Applicant shall resolve the following in&astructuTe requiiements to the satisfaction of the respective agency,and shall submit corresponding commuuication to the Planning Department that addresses these matters: a.Wastewater treatment and streetscape for the project through the County Department of Public Works (DPW);and b.Flood &drainage requirements for the project through the County DPW. 5.In order to minimize adverse impacts on the Federally Listed Threatened Species, Newell's Shearwater and other seabirds,all extemal lightmg shall be only of tlie following types:downward-facing shielded lights.Any spotlights aimed upward or spotlighting of structures,landscaping,or the ocean shall be prohibited. 6.The Applicant shall comply with the fire code requiiements as imposed by the County Fire Department,dramage/flood requirements for DPW-Engineering Division, wastewater requu-ements for the State Department of Health (DOH),and the archaeologicaV historical requirements ofthe State Historic Preservation Division (SHPD). Z-IV-2021-10;Direcfor's Report Mana'o Capital Group,LLC. 05.24.2021 101P age 7.Prior to operation/occupancy of the proposed facility,written confirmation of compliance with the requirements from all reviewing agencies shall be provided to the Planning Department. 8.The applicant shall develop and utilize Best Management Practices (B.M.P.'s) during all phases of development in order to minimize erosion,dust,and sedimentation impacts of the project to abutting properties. 9.To the extent possible withm the confines of union requiremeuts and applicable legal prohibitions against discrimination m employment,the Applicant shall seek to hire Kauai contractors as long as they are qualified and reasonably competitive with other contractors,and shall seek to employ residents of Kauai in temporary construction and permanent jobs.It is recognized that the applicant may have to employ non-Kauai residents for particular skilled jobs where no qualified Kauai resident possesses such skills.For the purposes of this condition,the Commission shall relieve the applicant of this requirement if the applicant is subjected to anti- competitive restiaints on trade or other monopolistic practices. 10.The Applicant shall implement to the extent possible sustainable building techaiques and operational methods for the project,such as Leadership in Energy and Enviromnental Design (L.E.E.D.)standards or another comparable state-approved, nationally recognized,and consensus-based guideline,standard,or system,and strategies,which may include but is not limited to recycling,natural lighting, extensive landscaping,solar panels,low-energy fixtures,low energy lightmg and other similar methods and techniques.All such proposals shall be reflected on the plans submitted for building pemiit review. 11.The Applicant is advised that prior to constmction and/or use,additional govemment agency conditions may be imposed.It shall be the Applicant's responsibility to resolve those conditions with the respective agency(ies). 12.The Plamiing Commission reserves the right to add or delete conditions of approval in order to address or mitigate unforeseen impacts this project may create,or revoke the pemiits through the proper procedures should conditions of approval be violated or adverse impacts be created that carmot be properly addressed. The Planning Commission is further advised that this report does not represent the Planning Department's final recommendation in view of the forthcoming public hearing process scheduled for JUNE 8,2021 whereby the entiie record should be considered prior to decision-making.The entire record should include but not be limited to: a.Pending govemment agency comments; b.Testimony from the general public and interested others;and c.The Applicant s response to staff's report and recommendation as provided herein. Z-IV-2021-10;Director's Report Mana'o Capital Group,LLC. 05.24.2021 11 |P ag e By DALE A.C Planner Approved &Recommended to Commission: By^ KA'AINA S.HULL Director of Planning Date:^lnl^U T Z-IV-2021-10;Dlrector's Report Mana'o Capital Group,LLC. 05.24.2021 12 |P ag e EXHIBIT 'A' (Agency Comments) PLANNJNGDEP'COUNTY OF KAUA'I PLANNING DEPARTMENT 4444 RICE STREET,SUITE A473 LlHU'E,HAWAI'I 96766 21 MY-6 P 1:27 (808)241-4050 (Dale)April 22,2021FROM:Kaaina S.Hull,Director RECE i v EL; SUBJECT:Class IV Zoning Pemiit Z-FV-2021-10,Business Office Space And Residential Units Tax Map Key:(4)3-3-006:020,Mana'o Capital Group,Llc,Applicant TO: a Department of Transportation -STP DPW-Engineering D DOT-Highway,Kauai(info only)D DPW-WastewateraDOT-Airports,Kauai (info only)D DPW-Building D DOT-Harbors,Kauai (info only)D DPW-SolidWaste State Department of Health Department of Parks &Recreation State Department of Agriculture Fire-Department D State Office of Planning a County Housing-Agency D State Dept.of Bus.&Econ.Dev.Tourism County Economic DevelopmentaStateLandUseCommissionDKHPRC State Historic Preservation Division Water Department D DLNR-Land Management a Kaua'i Civil Defense D DLNR-Foresty &Wildlife D U.S.Postal Department DLNR-Aquatic Resources UH__Sea_Grant D DLNR-OCCL County Transportation Agency Other: FOR YOUR COMMENTS (pertaining to your department): G^\V^fM hro ^v(i%<en toM<u».c»a'VX 0<J '^<u ^auyE-aT. sls'l'^^T^<^^ Tbis matter is scheduled for a public hearing before the County of Kauai Planning Commission on 6/8/2021 at the Lihue Civic Center,Moikeha Building,Meeting Room 2A-2B,4444 Rice Street, Lihue,Kauai,at 9:00 am or soon thereafter.If we do not receive your agency comments within one (1) month from the date of this request,we will assume that there are no objections to this permit request. Mahalo! County c'r Ks' RECEIVED APR 2 7 2021 PLAHNtfr 21 COUNTY OF KAUA'I .PL^NI.NGDEPAaTMENL4444RICESTREET,SUITE A473 LIHU'E, 3 P1 29 (808)241-4050 KAUAI FROM_Kaa)aaS,Hull,Director C b-i Vt!D (Dale)April 22,2021 SUBJECT:Class IV Zoning Pemiit Z-IV-2021-10,Business Office Space And Residential Units Tax Map Key:(4)3-3-006:020,Mana'o Capital Group,Llc,Applicant TO: D Department of Transportation -STP DPW-EngineeringaDOT-Highway,Kauai(info only)D DPW-Wastewater DOT-Aiqiorts,Kauai (info only)D DPW-Building DOT-Harbors,Kauai (info only)DPW-SolidWaste State Department of Health a Department of Parks &Recreation State Department of Agriculture Fire-Department State Office of Planning a County Housing-AgencyaStateDept.of Bus.&Econ.Dev.Tourism County Economic Development D State Land Use Commission D KHPRC State Historic Preservation Division Water Department DLNR-Land Management Kaua'i Civil Defense D DLNR-Foresty &Wildlife D U.S.Postal DepartmentaDLNR-Aquatic Resources UH _Sea_Grant D DLNR-OCCL County Transportation Agency D Other: FOR YOUR COMMENTS (pertaining to your department): See comments on attached sheet. April 30,2021 Darren Tafiiekaz(i^Acting Chief District EnvirSnmental Health Office Kauai This matter is scheduled for a public hearing before the County of Kauai Planning Commission on 6/8/2021 at the Lihue Civic Center,Moikeha Building,Meeting Room 2A-2B,4444 Rice Street, Lihue,Kauai,at 9:00 am or soon thereafter.If we do not receive your agency comments within one (1) month from the date of this request,we will assume that there are no objections to this permit request. Mahalo! Class IVZoning PermitApplication:Z-IV-2021-10 Applicant:Mane'o Capital Group,LLC. Based on our review ofthe application,we have the following environmental health concerns for your consideration. 1.Noise will be generated when remodeling/construction activities occur.The applicable maximum permissible sound levels as stated in Title 1 1,(HAR), Chapter 11-46,"Community Noise Control",shall not be exceeded unless a noise permit is obtained from the State Department of Health (DOH). 2.Temporary fugitive dust emissions could be emitted if remodeling/construction activities occur.In accordance with Title 11,HAR,Chapter 11-60.1 "Air Pollution Control",effective air pollution control measures shall be provided to prevent or minimize any fugitive dust emissions caused by construction work from affecting the surrounding areas.This includes the off-site roadways used to enter/exit the project.The control measures include but are not limited to the use ofwater wagons,sprinkler systems,dust fences,etc. 3.When remodeling/construction and demolition activities begin,the construction waste that is generated by the project shall be disposed of at a solid waste disposal facility that complies with the applicable provisions of Title 11 HAR, Chapter 11-58.1 "Solid Waste Management Control",the open burning of any of these wastes on or off site prohibited. Due to the general nature ofthe application submitted,we reserve the right to implement future environmental health restrictions when more detailed information is submitted. COUNTY OF KAUA-I PLANNING DEPARTMENT 4444 RICE STREET,SUITE A473,LIHU'E,HI n>A7i< Phone:(808)241-4050 TO:Kaaina S.Hull,Director (Dale) •21 ^1^,/oir28 SUBJECT:Class IV Zoning Permit Z-IV-2021-10,Business Office ^aft:|4fi(^®. P:t[i.tial Units Tax Map Key:(4)3-3-006:020,Mana'o Capital Group,Llc,Applicant TO: [_]Dq»artment ofTransportation -STP Hl Q DOT-Highways,Kaua'i(infoonly)D Q DOT-Airports,Kaua'i (info only)D D DOT-Harbors,Kaua'i (info only)D ^]State Department of Heatth StateDepartmentofAgriculture ^I Q StateOfficeofPlanning D D State Dept.ofBus.Econ,Dev.TourisiTl [_] Q State Land Use Commission D State Historic Preservation Division K] DLNR -Land Managemenf D Q DLNR -Forestry &Wildlife DLNR -Aquatic Resources ^] D DLNR-OCCL a PW 04.21.118 DPW -Wastewater DPW -Building DPW -Solid Waste Department ofParks &Recreation Fire Department County Housing Agency County Economic Development KHPRC Water Department Kaua'i Civil Defense U.S.Postal Department UH Sea Grant County Transportation Agency Other: April30,2021FORYOURCOMMENTS(pertaining to your department): We have reviewed the siibject application to renovate the old Kukui Orove Cinema to create a new two-story mixed-use professional office building at TMK:(4)3-3-006:020 for Mana'o Capital Group,LLC.The proposed renovations will utilize the existing footprint and take place within the existing exterior walls.We have no comments. Sincerely, Michael Moule,P.E. Chief,Engineering Division MM/PT copy:Design and Pennitting This matter is scheduled for a public hearing before the County ofKaua'i,Planning Commission on 6/8/2021 at the LThu'e Civic Center,Mo'ikeha Building,Meeting Room 2A-2B,4444 Rice Street,LThu'e,Kaua'i,at 9:00 am or soon thereafter.Ifwe do not receive your agency comments vvithin 21 days from the date ofthis request,we will assume there are no objections to this pennit request.Mahalo! Ka'aina S.Hull Director ofPlanning I.SUMMARY Action Rcquircd by Planning Commission: Jodi A.Higuchi Sayegusa Dcputy Director ofPlanning COUNTY OF KAUA'I PLANNING DEPARTMENT DIRECTOR'SREPORT Consideration ofApplicant's request to AMEND Condition No. of Class IV Zoning Permit,Use Permit,and Special Permit to allow additional time to complete the project. Permit Application Nos.Class IV Zoning Permit Z-IV-2016-15 UsePermit U-2016-12 SpecialPermitSP-2016-5 Name ofApplicant(s)OUTFITTERS KAUA'I,LTD. II.PERMIT INFORMATION PERMITS REQUIRED Use Permit A Use Permit was required for any outdoor recreational facility within the Agriculture (A)zoning district. Project Development Use Permit Variance Permit Special Permit A Special Permit was required as the proposed use was not a permissible use within the State Agricultural Land Use District. Zoning Permit Class BIV Dm Pursuant to Section 8-8.4(d)ofthe KCC,1987,as amended, a Class IV Zoning Permit was a procedural requirement for obtaining a Use Permit within the Agriculture zoning district. Special Managcment Area Pcrmit DUse D Minor AMENDMENTS Zoning Amendment General Plan Amendment rJUN O 8 2021 State Land Usc District Amendmeiit Datc ofReceipt ofCompleted April 20,2021 Application: Date of Director's Report:June 8,2021 Date ofPubIic Hcaring: Deadline Date for PC to Take Action (60TH Day): III.PROJECTDATA JUNE8,2021 Not Applicable IV.LEGAL REQUIREMENTS Section 8-3.1(f),KCC:NA. Z-IV-2016-15,U-2016-12,SP-2016-5;Director'sReport (Cond #8 Amendmenl) Outfitters Kaua'i Ltd. 05.24.2021 2 1 P age PROJECT INFORAMTION Parcel Location:The project site is located .25 miles east ofthe Kipii Road and A'akukui Road intersection in KTpu. Tax Map Key(s);(4)3-1-002:001 Area:Affecting a portion of a larger parcel containing approx.2,842+acres ZONING &DEVELOPMENT STANDARDS Zoning:Agriculture/Open State Land Use District;Agricultural General Plan Designation;Agriculture/Open Height Limit:30 Feet/Open;50 feet/Agriculture Max.Land Coverage:Agriculture 60% OpenDistrict 10% Parking Requiremcnt:1 stall for each three (3)employees plus one (1) parking stall for every three hundred (300)square feet ofretail space TOTAL REQUIRED =10 spaces TOTAL PROVIDED =20 spaces Front Setback:lOFeet Rear Setback:lOFeet Side Setback:5 Feet or halfthe height ofthe wall plate Community Plan Area:N/A Community PIan Land Use Designation: N/A Deviations or Variances Requested:NA. Commission Meeting Datc:|JUNE 8,2021 V.PROJECT UESCRIPTION AND USE 1.Background The subject permits involves an expansion to the commercial tour operations that included construction ofa new visitor welcome center,nine (9)new zip-lines,one (1) suspended canopy walkway,and associated site improvements (five (5)simple shelter structures and five (5)composting toilets).The subject property is commonly referred to as KTpu Ranch and the permits was approved by the Plamiing Commission on June 28, 2016. As previously represented by the Applicant,the visitor welcome center is open seven (7)days a week,from sunrise to sunset.The structure serves as the main business office,operations center,and visitor check-in center for the Outfitters Kipu Ranch operation.Retail activities including but not limited to customer booking,payments, instructions and coordination,and sale ofaccessory items takes place within this facility.Zip-line equipment and limited maintenance equipment is also stored in the building. These improvements are a part ofa long-term capital plan for Outfitters.At the time,it was anticipated that these improvements would be phased in and accomplished over a period of approximately five (5)years.As a result,the Applicant respectfully requested a time period offive (5)years to complete the project. VI.APPLICANT'S REASONS/JUSTIFICATION 1.Request The Applicant is seeking an amendment to Condition No.8 ofthe subject permits to allow a time extension to complete the project.As contained in their con'espondence dated April 20,2021,there will be no additional facilities being sought and the requested time is for another five (5)years.The intent is to basically complete all ofthe improvements that were initially represented in 2016.As represented in the Application,the Project contains the following elements: 3 |Page Z-IV-2016-15,U-20!6-12,SP-2016-5;Director's Report [Cond #8 Amendment) Oulfitters Kaua'i Ltd, 05.24.2021 Building/Project Description Area (square footage) Visitor Welcome Center o Reception Area o Two (2)bathrooms 2,000 SF Nine (9)Zip-Lines o Containing tandem lines,constructed with 2 or 4 utilities poles,45 feet max.height The basis ofthe request is related to the economic conditions attributed to the global pandemic. VII.FINDINGS 1.Project Site &Surroundings The subject parcel is comprised of approximately 2,842 acres.There is a total ofseven (7)existing dwelling units on the property that were built between 1910 and 1983.In addition,there are three (3)commercial structures,two ofwhich are being utilized for warehouse and storage purposes.The third structure is utilized by a visitor industiy business that offers ATV tours. There are two (2)visitor industry-based companies presently operating on the subject property.These companies operate alongside the existing agricultural ranching operations and provide valued income streams that help the landowner to maintain agricultural infrastructure such as agricultural roads,fencing,and irrigation facilities. The largest present use on the subject property is cattle ranching.Pasture lands along with agricultural sheds,warehouse and un-paved agricultural roads associated with the cattle operation consume approximately 1,365 acres. Most ofthe subject property remains unaltered by agricultural,commercial or residential purposes.Approximately 1,450 acres remain unaltered.Someofthe unaltered land is within valleys on the property that are not suitable for agricultural purposes as well as the area along the slopes ofthe Ha'upu mountain range. The project site is located within an area offormer sugar lands characterized by gently rolling,level pasture grasslands,located at an elevation ofapproximately 250 feet to 600 feet above mean sea level.The northern portion ofthe property slopes in the Hule'ia River and valley area and the southern portion slopes upward to the summit ridge ofthe Ha'upu Range with elevations from approximately 850 feet to 2,250 feet It is further noted that the subject property is located in Flood Zone "X",which is outside ofthe 500-year flood plain. Z-IV-2016-15,u-2016-12,SP-2016-5;Director'sReport (Cond #8 Amendment) OutfitlersKoua'i Ltd. 05.24.2021 4 1 P age o Foot trails 3-4 feet wide,provides access between lines o Cable length ranges ->600 feet to 6,500 feet Suspended Pedestrian Walkway o Provides customers with Zip-Line photo viewpoints Length =200 feet Shelter Structures o Total of 5 o Shelter customers from rain &sun 150-300 SF Composting Toilets o Total of 5 2.Existing Land Use Permits Originally,the Planning Department approved Special Management Area Permit SMA(M)-99-06 in August 1998 to allow the Applicant to operate a guided kayak, hiking,and biking tour operation on the subject property.The permit was subsequently amended in April 2001,to allow a tractor drawn trailer as an additional method of guided tour transportation. With the increase in popularity of commercial recreational activities,the Department re-evaluated the Applicant's business in conjunction with the additional zip-line operation and determined that further expansion ofthe business required a Use Permit. As such,Class IV Zoning Permit Z-IV-2011-5,Use Permit U-2011-5 and Special Permit SP-2011-3 was processed and approved by the Planning Commission on Novembei-23,2010. 3.Surroundings The property is adjacent to eight (8)large rural parcels mostly used for conservation and agricultural purposes.Hule'ia River bounds the property on the north with a 758- acre parcel which is used for conservation,agricultural and eco-tourism activities,a 262-acre parcel and 44.5-acre parcel both in conservation and agriculture.To the east is a 1,395-acre parcel that is in conservation.The south side follows the Ha'upu summit and shares boundaries with a 1,094 acre and a 2,371-acre parcel that are utilized for conservation,agriculture,industrial,eco-tourism activities,and also contains the former Koloa Sugar Mill facility. 4.Vehicular Access Access to the facility is through Kipu Road,which is a County roadway.The County owned portion ofKTpu Road terminates at the subject property boundary line and a thirty (30)foot wide easement provides access to the visitor center and parking area. VIII.PRELIMINARY EVALUATION In previously evaluating the development,the department concluded that: o o o o The project complied with the primary intent ofthe Kauai General Plan and the existing operation has been compatible with the existing uses on the property; The development was compatible with the surrounding uses and the operation would not cause any harmful environmental consequences; The proposal was not contrary to the objectives sought to be accomplished by Chapter 205 and 205A ofthe Hawai'i Revised Statutes and the Rules ofthe Land Use Commission;and The project was consistent with the development standards contained in the Comprehensive Zoning Ordinance (CZO),Chapter 8 ofthe Kaua'i County Code,as amended. Z-IV-2016-15,U-2016-12,SP-2016-5;Director'sReport(Cond #8 Amendment] Outfitters Kaua'i Lld. 05.24.2021 5]Page As represented by the Applicant,there is no additional facilities being sought through this request and the intent is to allow more time to complete the projcct as originally represented.The date to complete such improvements would be June 28,2021. Based on the Applicant's supplemental con'espondence dated May 26,2021,it appears that most ofthe major improvements have been completed (refer to Table 1 on Page 5).The remaining improvements include ziplines,the suspended walkway,and a few more shade shelters &composting toilets that would accompany the future ziplines.While the Applicant's request is for another five (5)years to complete the project,the department finds that it isjustified since it is uncertain as to how much time it may take to recover from the economic impacts ofthe pandemic.Furthermore,the department has not fielded any concerns/complaint from the operation and reaffirms its initial evaluation noted above. 1.Native I-Iawaiian Traditional and Cultural Rights It is further noted that the project site was previously disturbed through intensive agricultural cultivation and more recently for grazing purposes.While there was not a requirement prior to any development to conduct an Archaeological Inventory Survey, there has been no unexpected archaeological discoveries or any known impacts to Native Hawai'i Traditional and Cultural Practices on the subject property.However,the Applicant has been informed to contact the State Historic Preservation Division and Plarming Department if they receive any knowledge of or discover any cultural/ historical resources. IX.PRELMINARY RECOMMENDATION It is recommended that the Commission APPROVE the Applicant's request to allow additional time to complete the project and to amend Condition No.8 to read as follows: 8.The improvements as represented by the Applicant must be completed bv June 28.2026 [within five (5)years ofthe date of I'lamiing Commission approvalj. Furthermore,the Applicant is advised that all applicable conditions ofapproval shall remain in effect. *NOTE:Matcrial to be dclcted in brackcts ancl nen'material is unclcrlined. By khU)r-—. DAF.E A.Ct.UA Plamier Approved &Recommended to Commission: Z-IV-2016-15.U-2016-12,SP-2016-5;Diredor's Report (Cond #8Amendment) Oulfitters Koua'i Ltd. 05.24.2021 6 1 P age ^KA'AINAA.HULL Director ofPlanning 6Date:• / ^^-\ 7|P ag e Z-IV-2016-15,U-2016-12,SP-2016-5;Direclor's Report (Cond #8Amendment) Oulfitters Kaua'i Ltd. 05.24.2021 EXHIBIT"A" (Applicanfs Correspondences) OUqffi^RS Kayaks Ziplines Guided Tours,Rental,Sales and Service KAUAI 4/20/2021 RE:Class IV Zoning Permit Z-IV -2016-15 Use Permit U-2016-12 SpecialPermitSP-2016-S Tax Map Key:(4)3-1-002:001 Kipu,Kaua'i OUTFITTERS KAUAI,LTD.,Applicant New Visitor Center,Zip-Lining Facilities and Associated Improvements Request for Extension Aloha Director Hull and Commissioners, Wewould respectfullyrequestforan extension ofthe timelinetocomplete the approved improvementsthatwere previously allowed for underthis permit.We are not lookingforany additional facilities,onlythose previously approved. We've completed our Visitor Welcome Center and many of the approved facilities.At the time of the application,we viewedthisprojectasalong-termplanandexpectedtopossiblyneedalongertimeline.Withthe businessconditionsof this past year,it will take us some time to recover and get back on track with this project and we would much appreciate an extension ofanotherfiveyears. Mahalo, Richard Haviland President Outfitters Kauai,Ltd POB 1149,Koloa HI 96756 230 Kipu Rd,Lihue,HI 96756 808-742-9667 www.outfitterskauai.com info@outfitterskauai.com May 26,2021 Re:TMK 3-1-002-001 Aloha Dale, Thanksforyourhelponthis!Here'sthe infoyou requestedforyourCommissioners report: 1.Copies pasted in of the sections from our approved application that reference and describe the proposed improvements. 2.Table 1,which is a current update of the completion status of each approved item. 3.Exhibits 9 through 16,taken from the approved application,showing the locations of the proposed improvements. 4.As we discussed,the reason for the requested extension of 5 years to complete is due to the uncertainty of the timeline and trajectory of our island economy and our company's financial recovery.We are hopeful,but at this time it's difficult to know what the coming days and years hold,and we will need time to rebuild and recover as we look to invest in the future. Mahalo, Rick Haviland President,Outfitters Kauai Ltd 2.4 Subiect Proiect.The Applicant proposes to construct a new visitor welcome center,nine (9)new zip-lines,one (l)new suspended canopy walkway,five simple shelter structures and five (5)composting toilets on the Subject Property. SECTION S.PROPOSEDNEWUSESOFTHESUBJECTPROPERPl'. The Applicant proposes to construct a new visitor welcome center and nine (9)new zip-lines,one (1)newsuspendedcanopywalkway,fivesimpleshelterstructuresand five (5)compostingtoiletsontheSubject Property.The general locations ofthe proposednew uses are shown in Figure No.9. The proposed improvements are part of a long-term capital plan for Outfjtters.It is anticipated that the proposed improvements described in this application would be phased in and accomplished over a period of approximately five (5)years.Outfitters respectfully requests that consideration ofthis long-range plan be considered while assessing this application and the requested permit approvals that may result from thisapplication. 5.1 Visitor Welcome Center.The Applicant proposes to build a new structure that will serve as the main business office,operations center,and visitor check-in centerforthe Outfitters KTpu Ranch operation.Retail activities including but not limited to customer booking,payments,instructions and coordination,and sale of accessory itemswill take place in the new center.Zip-line equipment and limited maintenance equipment will also be stored in the building. The proposed visitor welcome center will be located approximately in the same locationas the former "Hamano Store."The center's architecture,size and style will be inspiredby the Hamano Store,and intended to pay homage to the former plantation residents and honorthe plantation era heritage.Figure No.12 provides a map ofthe proposed visitor welcome center and Figure No.13 contains conceptual plans of the center. The proposedvisitorcenterwill have a floorplan ofapproximately 2,000 squarefeet (SF).The center will generally consist of a lanai,a reception room,two (2)bathrooms and a storage room.A wooden "post and pier"design is contemplated to be similar to the old Hamano Store. The proposed visitor welcome center will be open for business seven (7)days a week, from sunrise,at the earliest,to sunset,at the latest.It is antidpated that a minimum of two (2)employees will be present at all times during business hours.It is also anticipated that as many as eight (8)employees total will be present at the visitor welcome center on some working days. Parking spaces for customers,visitors and employees will be provided adjacent to theproposed visitor welcome center.A total of twenty (20)parking stalls is proposed forthis site.This numberofstalls is basedon boththe County's requirements and Outfitters desire to provide sufficient,safe and spacious parking for their customers. The number of stalls proposed by Outfitters is roughly double the number required bythe County. The parking space requirement per the County's CZO is provided below: •1 stall per 300 SF of retail space plus 1 stall per 3 employees. •2,000 5F/300 sf/stall =6.7stalls •8employees/3employees/stall =2.7stalls •fi,total of 10 parking stalls is required •Outfitters proposes to provide 20 stalls Thegroundcoverforthe parkingarea is proposedtoconsistofcompactedgravel.The compacted gravel surface will provide stability for vehicles and pedestrians,will preventerosion ofthe underlyingground andwill allowforpercolation ofrainwater. The gravelsurface is also compatible with the agricultural use ofthe surrounding lands and would provide for an easy transition back to pasture lands if so desired by the land owner. 5.2 Zip-lines.The Applicant intends to construct nine (9)new zip-lines on the Subject Property.The locations ofthe proposed zip-lines are shown in Figure No.9, lOand 11.The proposed zip-lines will be constructed in accordance with industry standard practices and specifications.Atypical zip-line schematic is provided in Figure No.14. The proposed zip-lines will be constructed with the following specifications: a.Eachzip-linewill be a tandem line,constructedwithtwo (2)orfour (4)utility poles or similar structures (withanchors)ateitherend,with two (2)ca bles strung between the poles.The utility poleswill not exceed forty-five (45)feet in height.Foot trails 3-4 feet wide will provide customer access between the zip-lines. b.The length of the cables will range from approximately 600 feetto 6,500 feet.The longer cables will have intermediate stations consisting of two (2)poles with wooden platforms and stairs. c.Wooden platforms,ranging in size from approximately 72 squarefeetto750squarefeet,withstairsasnecessary,will be constructedatthe top (launcharea)and bottom (landing area)of each zip-line. d.Zip-line structures and features will be painted with earth- tonedcolors that match the surrounding environment. 5.3 Suspended Aerial Pedestrian Walkwav.One (1)suspended aerial pedestrian walkway approximately 200 feet in length will be built through the forest canopy near a zipline for the purpose of providing customers with zipline photo viewpoints and informing participants about the rainforest ecology.A typical suspendedaerial pedestrian walkway schematic is provided in Figure No.15. 5.4 Shelter Structure.Five (5)simple structures will be constructed to providecustomers with shelter from the rain and sun.They will be approx.150 to 300 square ft in size each.Foot trails 3-4 feet wide will provide customer access between the shelters and zip-lines.A typical shelter structure schematic is provided in Figure No. 16. 5.5 Comoostine Toilets.Five (5)Clivus Multrum or similar composting toiletswill be constructed to provide sanitation fortour participants.Foottrails 3-4 feet wide will provide customer access between the composting toilets and the ziplines. Table 1 May 26,2021 PrpRress Update D Item Status Progress B VisitorWelcomeCenter Complete S Restrooms Complete S Wastewater Treatment Complete S Parking Stalls Complete S Ziplinel Complete D Ziplines2thru9 Future Design Phase D Suspended Walkway Future Companion Structure to Future Ziplines S Shelter Structure 1 Complete S Shelter Structure 3 Complete d ShelterStructure 2,4,5 Future Companion Structures to Future Ziplines D Composting Toilets Future Companion Structures to Future Ziplines AAKL' LE6EN& M. iSt ''"fll 1000 Proposed Zip-Line Proposed Shelter A Compost Toilet Proposed Suspended Walkway >3<1 Proposed Van ftoute Pr-oposed Foot Tr-ait AAap Sources: 1.USGS Quadr'angfe,Koloo A Lihue 2.6IS TMK layer.State of Hawai'i 3.Kodani &Associates Engineers,field reconnaissanfce Sec Fig 10 for Expanded Map See FIa 11 for Expandcd AAap ExisTiig Road to Kipu Kai (Paved) Outfitters Kauai Kipu Ranch Application FI6URE N0.9 -PROPOSED USES 6ENERAL LOCATION MAP :'fiuo, fi4 Proposed Visitor Welcome Center -4-4/<L/KDi CANE RD ^ LE6END .._@_ fit —53 Proposed Zip-Line Proposed Shetter &Compost Toiiet Proposed Suspended Wafkway Proposed Van Route Proposed Foot Troil Map Sources: 1.US&S Quadrangle,Koloa &Lihue 2.6IS TMK layer,Stnte of Hawai'i 3.Kodani &Associates Engineers,field recOffitWissanCe Outfitters Kauai Kipfl Ranch Application FI6URE N0.10 PROPOSED USES Proposed Zip-Line Proposed Shelter d Compost Toifet Proposed Suspended Walkway Proposed Van Route Proposed Foot Trail Outfitters Kauai KTpu Ranch Application FI6URE N0.11 PROPOSED USES Map 5ource5: 1.US6S Quadrangle,Koloa <&Lihue 2.6IS TMK layer,State of Hawai'i 3.Kodani &Associates Engineers,field recortridi^SQrice Existing Road to Kipu Kai (Paved) PROPERW LINE TMK:3-1-002:001 A 3-3-018:002 PROPOSED VISITOR WELCOME CENTER (FORMER LOCATEON OF HAMANO STORE) PROPOSEO VEHICLE PARKIN6 ARE/tS (T/P) 20 STALLS ©9'WIOE EAW COMPACTEO 6RAVEL SURFACE WILLIAM HYDE RKE MONUMENT SUBJECT PROPERT/ TMK;3-1-002:001 2,842.235 ACRES Map Sources; 1.6IS TMK layer,State of Hawai'i 2.County of Kaua i,Rea!Property 3.6oogle Earth 4.Kodani <&Associates Englneers,field reconnai^sance Outfitters Kauai KTpu Ranch Application FI6URE N0.12 -VISITOR WELCOME CENTER LOCATION MAP D D CONCEPTUAL SIDE VIEW not to scale CONCEPTUAL FRONT VIEW not to scale 5G'+/- ROOF LINE ROOF RI06E LINE 40'+/- SIDE CONCEPTUAL FLOOR PLAN not to scale Outfitters Kauai Kipu Ranch Application FieURE N0.13 -PROPOSEO USES VISITOR WELCOME CENTER SCHEMATTC D a 7 ^ a 9-+/ PDLE TD PDLE SPAN RANGE:300'-3,300' OWO <?<?<?<P9W<^ ZIP-LINE PLAN ANO PROFILE (T/PICAL) not to scale TANDUM ZIP-LINE TAKE-OFF PLATFORM 6UV WIRE W/ ANCHOIi (TyP) TAKE-OFF POLE STCUCTURE W/PLATFORMS LAUNCHIN6 PLATFORM (T/PICAL) not to scale ZIP-LINE CASLE UNOIN6 PLATFORM TAKE-OFFALANDIN6 PLATFOBM srZE MN6E: 72 -750 SQ.FT. LANDIN6 PLATFORM/RAMP LANOIN6 PLATFOfiM (T/PICAL) not to scale Outfitters Kauai KTpu Ranch Application FI6URE N0.14 -PROPOSE&USES T/PICAL ZIP-LINE SCHEMATIC 200'+/- AERIAL WALKWAY LAN&IN6 (TYP) 4'+/n CONCEPTUAL PL/>N VI6W -AEKT.Al.WALKWAY not to scale 6LT/WIRE W/ ANCHOR (T/P) POST 6UY WIRE W/ AWHOK (T»P) CONCEPTUAL PROFELE VIEW -AERIAL WALKWAY not to scale Outfitters Kauai Kipu Ranch Application FI6URE N0.15-PROPOSE&USES AERIAL WALKWAV SCHEMATEC 5 R|hFTCI)t5 OPEN CONCEPTUAL FKONT VIEW -SHELTER not to scale 20'+/- ROOF P05TS (T/P)OPEN CONCEPTU/tL SIOE VIEW -5HELTER not to scale 20'+/• (? 16'+/- A 16'+/- BENCH BENCH FRONT o o CONCEPTUAL PLAN VIEW -SHELTEK not to scale BOOF LINE Outfitters Kauai Kipu Ranch Application FI6URE N0.16 -PROPOSED USES SHELTER 5CHEMATEC Proposcd Visijt-or Welcorne Center OLO ^ULSw^lu ,,,^ See Fig 10 for Expandcd Map Proposed Zip-Line Proposed Shelter &Compost Toil&t Proposed Suspended Watkway Proposed Van Route Proposad Foot Traif Existiry Road to Kipu Kai (Paved) Set Fig 11 for Expandcd Map Outfitters Kauai KTpu Ranch Application FI6URE N0.9 -PROPOSED USES 6ENERAL LOCATtON MAP Map Sources: 1.USGS Quadrangle,Koloa &Lihue 2.6IS TMK layer,State of Hawai'i 3.Kodani &AssocioTes Engineers,field reconnaissance Wetcomc Center "^^ < LE6EN& ._a....... fit Proposed Zip-Line Proposed Shelter &Compost Toilet Proposed Suspended Walkway >3-ol Proposed Van Route Proposed Foot Trail Map Sour'ces: 1.US6S Quadrangle,Koloa &Lihue 2.6IS TMK layer,State of Howni'i 3.Kodani &Associates Engineers,field r'econnaissance ^1/<UKLil CANE RD w Outfitters Kauai Kipu Ranch Application FI6URE N0.10 PROPOSED USES M. ^ Proposed Zip-Line Proposed Shelter &Compost Toifie:;! Proposed Suspended Walkway •^Proposed Van Route Pr'oposed Foot Trail Map Sources: 1.US6S Quadrangle,Koloa &Lihue 2,£15TAAK layer,State of Hawai'i 3.Kodani &Associates Engineers,field reconnaissance Dtisting Koad to Cpu Kai (Paved)— Outfitters Kauai K7pu Rnnch Application FI6URE N0.11 PROPOSED USES WILLIAM HYOE RICE MONUMENT SUBJECT PROPERW TMK:3-1-002:001 2,842.235 ACRES Map Sources: 1.G15 TMK layer,State of Hawai'i 2.County of Kaua i,ReolProperty 3.Google Earth 4.Kodani A Associates Engineers,fiefd reconnaissance PROPERT/LINE TMK:3-1-002;001 A 3-3-018:002 PROPOSED VISITOR WELCOME CENTER (FORMER LOMTCON OF HAMANO STORE) PROPOSE6 VEHICLE PARKIN6 A AS (T/P) 20 ST/tLLS ©9'WIOE EACH COWACTEt)6RAVEL SURFACE ;-^ <&^^: OutfEtters Kauai KTpu Ranch Application FI6URE N0.12 -VI5ITOR WELCOME CENTER LOCATEON MAP 18'+/- CONCEPTUAL SIDE VIEW not to scale CONCEPTUAL FRONT VIEW not to scale 50-+/- ftOOF LINE ROOF RI&6E LENE 40'+/- SID£ CONCEPTLIAL FLOOR PLAN not to scale Outfitters Kauai KTpu Ranch Application FI6URE N0.13 -PROPOSeD USES VISITOR WELCOME CENTER SCHEMATTC PDLE TD PDLE SPAN RANGE;300--3,300' S<PW <P <?<?<?<P<P9CP2^-S- ZIP-LINE PLAN ANO PROFILE (T/PICAL) not to scale 6UY WIRE W/ ANCHOR (T/P) TANOUM ZIP-LIN6 TAKE-OFFPLATTORM TAKE.OFF POLE STRUCTUBE W/PLATFORMS t^ LAUNCHIN6 PLATFORM (T/PICAL) not to scale ZIP-LINE CABI-E LAN&IN6 PLATFOBM TAKE-OFF 1 UNMN6 PLATFORM SIZE RAN6E; 72 •750 SQ.FT. UNBIN6 PLATFOBM/RAMP LAN&rNS PLATFORM (T/PICAL) not to scale Outfitters Kauai Kipu Ranch Application FI6URE N0.14 -PROP05ED USES T/PICAL ZIP-LINE SCHEMATTC -aoo'+/-— AERIAL WALKWAV LANBIN6 (T»P) ^T^ CONCEPTUAL PLAN VIEW -AERIAL WALKWAY not to scale 6UY WIRE W/ ANCHOR (TYP) POST 6UY WIRE W/ ANCHOR (T/P) CONCEPTUAL PROFILE VIEW -AERIAL WALKWAY not to scale Outfitters Kauai Kipu Ranch Application FI6URE N0.15 -PROPOSE&USES AERIAL WALKWAY SCHEMATTC BOOF Rl^FTEIfts OP6N CONCEPTUAL FRONT VIEW -SHELTER not to scale 20'+/- CONCEPTUAL SI&E WEW -SHELTER not to scale 0 16'+/--•o BENCH Ib'+/- BENCH (t)o FBONT ROOF LINE CONCEPTUAL PLAN VIEW -SHELTCR not to scale Outfitters Kauai KTpu Ranch Application FI6URE N0.16 -PROPOSEt)USES SHELTER SCHEMATtC