HomeMy WebLinkAbout05_002Harry Kim
Mayor
DEC -S zo1a
Mr. Sidney M. Fuke
Planning Consultant
100 Pauahi Street, Suite 212
Hilo, HI 96720
Dear Mr. Fuke:
County of Hawai'i
WINDWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawai'i 96720
Phone (808) 961-8288 • Fax (808) 961-8742
SUBJECT: Use Permit No. 204 (Docket No. USE-05-000002)
Applicant: Kukuihaele Plantation House, LLC
Gregory Henkel, Chair
Myles Miyasato, Vice Chair
Joseph Clarkson
Donn Dela Cruz
Donald Ikeda
Raylene Moses
Request: Revocation of Use Permit No. 204 Which Allowed an Establishment of a
Children's Convalescent Facility
Tax Map Key: 4-8-006:003, 013 & 069
The Windward Planning Commission, at its duly held public hearing on December 1, 2016, considered the
above-referenced request for the revocation of Use Permit No. 204. Use Permit No. 204, was originally
approved on April I, 2005 and issued to World Healing Institute to allow the establishment of a children's
convalescent facility on approximately 31 acres of land within the Resort-Hotel-25,000 square-foot per unit
(V-25) zoning district. The area involved the site of the formerly proposed Trees of Kukuihaele development
located within Kukuihaele and makai of the Honoka'a-Waipi'o Road (Highway 240) and the old government
road at Waikoekoe and Kanahonua, Hamakua, Hawai'i.
The Commission voted to officially revoke Use Permit No. 204 as requested by the applicant.
Should you have any questions, please contact Jeff Darrow of the Planning Department at 961-8158.
Sincerely,
Grego~!, Chairman
Windward Planning Commission
LKukuihaeleplantationrevokeUSE204wpc
cc: Kukuihaele Plantation House, LLC.
Department of Public Works
Department of Water Supply
County Real Property Tax Division -Hilo
DOT-Highways, Honolulu
GIS Section
Hawai 'i County is an Equal Opportunity Provider and Employer
DEC 0 8 2016
April 15, 2005
Mr. Sidney Fuke
County of Hawai'i
PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawai'i 96720
Phone (808) 961-8288 • Fax (808) 961-8742
100 Pauahi Street, Suite 212
Hilo, HI 96720
Dear Mr. Fuke:
Use Permit Application (USE 05-002)
Applicant: World Healing Institute
Request: Children Convalescent Facility Within V-25 Zoned District
Tax Map Key: 4-8-6:3, 13 & 69
The Planning Commission at its duly held public hearing on April 1, 2005, voted to approve the
above-referenced application. Use Permit No. 204 is hereby issued to allow the establishment of
a children's convalescent facility on 31 acres ofland within the Resort-Hotel 25,000 square foot
(V-25) zoned district. The property is the site of the former sugar plantation manager's home
located along the north (makai) side of the Honokaa-Waipio Road, Kanahoanua and Waikoekoe,
Hawaii.
Approval of this request is based on the following:
The applicant is requesting a Use Permit to allow the establishment of a children's
convalescent facility on approximately 31 acres ofland. The facility will provide a
convalescent and rest home for small groups of children undergoing physical or
emotional transformation. The facility, which is proposed to be within the former
plantation manager's residence and adjoining grounds, will house up to ten (10) children,
each with a parent or guardian, for a period of one (1) to three (3) months.
In considering a Use Permit for any proposed use, Rule 7 of the Planning
Commission relating to Use Permits requires that such action conform to the following
guidelines:
(A) The proposed use will still be consistent with the general purpose of the zoned
district, the intent and purpose of this chapter, and the County General Plan;
Hawai'i County is an Equal Opportunity Provider and Employer
Mr. Sidney Fuke
Page2
(B) The proposed use will not be materially detrimental to the public welfare nor
cause substantial, adverse impact to the community's character or to surrounding
properties;
(C) The proposed use will not umeasonably burden public agencies to provide roads
and streets, sewer, water, drainage, schools, police and fire protection and other
related infrastructure.
The children's convalescent facility would meet the guidelines for approval of a
Use Permit, for the reasons outlined below.
The granting of the proposed use will be consistent with the general purpose of
the zoned district, the intent and purpose of the Zoning Code, and the County General
Plan. According to the Zoning Code, the V (resort-hotel) district "applies to areas to
accommodate the needs and desires of visitors, tourists and transient guests. It applies to
specific areas where public roads and public utilities are available or where suitable
alternate private facilities are assured." Originally, the resort zoning was approved to
accommodate the Amanresort, and later the Trees ofKukihaele development, which were
proposed to be mainly for visitor and tourist accommodations. These projects were not
developed. World Healing Institute is proposing to establish a convalescent home for
children, which is permitted within a resort-hotel district with a Use Permit. The density
of the proposed use will be much less than ifthe previous proposed resort units were
constructed. Thus, the proposed use will be consistent with the Zoning Code.
The General Plan designation for the subject area is Low Density Urban, which
allows for residential, with ancillary community and public uses, and neighborhood and
convenience-type commercial uses. The overall residential density may be up to six units
per acre. The children's convalescent facility will be located within the existing former
plantation manager's residence and will house up to ten (10) children, each with a parent
or guardian, for a period of one (1) to three (3) months. As such, the use will be not be
contrary to the General Plan designation for this area.
The children's convalescent facility would complement the following goals and
policies of the General Plan:
Land Use Element
• Designate and allocate land uses in appropriate proportions and mix in keeping
with the social, cultural, and physical environments of the County.
Mr. Sidney Fuke
Page3
• Promote and encourage the rehabilitation and use of urban areas that are serviced
by basic community facilities and utilities.
Economic Element
• Economic development and improvements shall be in balance with the physical,
social and cultural environments of the island of Hawaii.
• Provide an economic environment that allows new, expanded, or improved
economic opportunities that are compatible with the County's cultural, natural and
social environment.
The proposed use will conform to the above listed elements of the General Plan
by providing a service that is needed for children in the community and the island. It will
provide quiet surroundings for the recovery of children by providing holistic healing
support before and after medical or surgical care. This use will be a new economic
opportunity that will be in balance with the physical and social environment of the area
and island.
The granting of the proposed use will not be materially detrimental to the public
welfare nor cause substantial, adverse impact to the community's character or to
surrounding properties. The proposed use will be operated within the existing former
plantation manager's residence. The facility will create a positive service to the
community. In keeping the requirements of Change of Zone Ordinance 01-22, a
condition will be added requiring the applicant to comply with all applicable conditions.
Therefore, the use is not anticipated to cause a substantial, adverse impact to the
community's character or to the surrounding properties.
The granting of the proposed use will not unreasonably burden public agencies to
provide roads and streets, sewer, water, drainage, police and fire protection and other
related infrastructure. The proposed access will be from the old goverrnnent road, which
is maintained by the County and has an approximate 18-foot pavement width. County
water is available to the property. Wastewater will be disposed of by utilizing the
existing cesspool that services the home, and any additional system that may be required.
Electrical and telephone service is available to the property. Police, fire and medical
services are available and are located in close proximity to the property.
The proposed request will not have a significant adverse impact to traditional and
customary Hawaiian Rights. An archaeological survey was originally conducted on the
properties prior to the submittal of the Royal Coast applications in 1994. The survey
identified two sites; a habitation terrace and the Plantation Manager's Residence. The
habitation terrace was identified as significant for information content with further data
Mr. Sidney Fuke
Page4
collection recommended and the Plantation Manager's Residence was identified as a
historic site and recommended for preservation. The original project review by the
Department of Land and Natural Resources -Historic Preservation Division was
conducted in 1994. Conditions were added to Change of Zone Ordinance 01-22 that
required the applicant to secure a letter of final clearance from DLNR-SHPD prior to any
land clearing activities and to submit plans for the renovation of the Plantation Manager's
Residence to DLNR-SHPD for review and approval prior to commencement of any
construction, alteration, or other improvements. The applicant will be required to comply
with all applicable conditions of Ordinance 01-22.
A flora and fauna survey was conducted for the properties in 1991 and 1993 and
no native plants were identified or listed as either threatened or endangered. There were
siting of the I'o (Hawaiian Hawk) and two indigenous seabirds (White-tailed tropicbirds
and Great Frigatebird) and one indigenous migratory bird (Pacific Golden Plover). The
report concluded that the original project would not have an impact on the fauna!
resources in the area. Due to the improved nature of the subject property and the
surrounding areas, it is not anticipated that endangered or threatened candidate species of
flora or fauna are located within the project site, nor has the project site been identified as
a significant botanical or biological habitat.
Based on the above, this request is approved subject to the following conditions. Should any of
the conditions not be met or substantially complied with in a timely fashion, the Director may
initiate procedures to revoke the permit.
1. The applicant, successors, or assigns shall be responsible for complying with all
stated conditions of approval.
2. The applicant shall comply with all applicable requirements of Change of Zone
Ordinance No. 01-22.
3. Prior to the establishment of the children's convalescent facility, the applicant,
successors or assigns shall secure Final Plan Approval from the Planning Director
in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County
Code and Condition D of Change of Zone Ordinance No 01-22. Plans shall
identify all existing and/or proposed structures, paved driveway access and
parking stalls associated with the proposed development. Landscaping shall also
be indicated on the plans for the purpose of mitigating any adverse noise or visual
impacts to adjacent properties in accordance with the requirements of Planning
Department's Rule No. 17 (Landscaping Requirements). Plans shall also delineate
a 50-foot wide future roadway between the Honokaa-Waipio Highway and the old
government road as well as a IO-foot wide strip for no-vehicular access planting
screen easement along the property's frontage bordering the Honokaa-Waipio
Mr. Sidney Fuke
Page5
Highway, except at the approved access point(s). A 10-foot future road-widening
setback along the properties fronting the old government road shall be shown on
all plans, meeting with the approval of the Department of Public Works. Said
area shall be dedicated to the County upon its request.
4. As represented by the applicant, the use will be limited to ten (! 0) children, each
accompanied by one parent or guardian.
5. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
6. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of enactment of the permit. The report shall include, but not be
limited to, the status of the use and to what extent the conditions of approval are
being complied with, including conditions of Change of Zone Ordinance 01-22.
This condition shall remain in effect until all of the conditions of approval have
been complied with and the Planning Director acknowledges that further reports
are not required.
7. An initial extension of time for the performance of conditions within the permit
may be granted by the Planning Director upon the following circumstances:
(A) The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns,
and that are not the result or their fault or negligence.
(B) Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
(C) Granting of the time extension would not be contrary to the original
reasons for granting of the permit.
(D) The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed within
one year may be extended for up to one additional year).
This approval does not, however, sanction the specific plans submitted with the application as
they may be subject to change given specific code and regulatory requirements of the affected
agencies.
Mr. Sidney Fuke
Page6
Should you have any questions, please contact Norman Hayashi of the Planning Department at
961-8288.
Sincerely,
~
(
Fred Galdones, Chairman
Planning Commission
LworldhealingO IPC
cc: Department of Public Works
Department of Water Supply
County Real Property Tax Division
Rodney Haraga, Director/DOT-Highways, Honolulu