HomeMy WebLinkAbout10_018County of Hawai'i
WINDWARD PLANNING COMMISSION
Aupuni Center.101 Pauahi Street,Suite 3 • Hila,Hawai'i 96720
Phone (808) 961-8288 • Fax (80S) 961-8742
April 14,2010
Ms.Paula Uusitalo,Executive Director
Hawai'i Island Adult Care, Inc.
34 Rainbow Drive
Hilo,HI 96720
Dear Ms.Uusitalo:
Use Permit Application (USE 10-000018)
Applicant:Hawaii Island Adult Care, Inc.
Request:To Operate an Adult Day Care Center
Tax Map Key:2-8-014:003
The Windward Planning Commission at its duly held public hearing on April I,2010,voted to
approve the above-referenced application to operate an adult day care center within an existing
church fellowship hall situated within the Single Family Residential-10,000 square feet (RS-I 0)
district.The property is the site ofthe existing Hilo Coast United Church ofChrist facility
located along the southwestern end ofthe Old Government Main Road,across from Honomu
Park in Honomu Village,Honomu,South Hilo,Hawai'i.
Approval ofthis request is based on the following:
The applicant requests a Use Permit to allow the establishment and operation of
the Honomu Adult Day Care Center within the fellowship hall ofthe Hilo Coast United
Church ofChrist. The hall,constructed approximately ten years ago, is fully ADA
compliant and is unused during the week.The applicant and landowner hope to utilize
the hall and provide a much needed service for the community.The building can be
licensed for 10 individuals with 4 to 5 staffat anyone time,depending on the need and
activities for the day. The proposed hours ofoperation are Monday to Friday,from 7:00
a.m. to 5:00 p.m.,except Federal holidays.Approvals have been secured from the
Hawai'i County is an Equal Opportunity Provider and Employer
Ms.Paula Uusitalo,Executive Director
Hawai'i Island Adult Care, Inc.
Page 2
County Building Division,Fire Department,and State Department ofHealth for the
proposed use. As ofthis writing,the license to operate the adult day care is pending final
approval from the State Department ofHuman Services.
The applicant states that the need for adult day care for frail elders and
mentally/physically challenged adults ranks in the top three needs ofelderly in East
Hawai'i.Adult day care allows these individuals to live at home for as long as possible,
deter premature institutionalization,and allows caregivers to continue employment or
receive respite from their responsibilities.Adult Day Care includes supervised care with
activities to stimulate the mind and exercise the body, and provides much needed
socialization.
Rule 7 (Use Permits)of the Planning Commission's Rules ofPractice and
Procedure states that the Planning Commission may approve a Use Permit based on
the certain criteria.Section 7-6,Criteria for Granting a Use Permit,states:
"The Commission may approve a Use Permit upon finding that:
(a) The granting ofthe proposed use shall be consistent with the general purpose of
the zoning district, the intent and purpose ofthe Zoning Code, and the County
General Plan;
(b) The granting ofthe proposed use shall not be materially detrimental to the public
welfare nor cause substantial,adverse impact to the community's character or to
surrounding properties;and
(c) The granting ofthe proposed use shall not unreasonably burden public agencies to
provide roads and streets, sewer, water, drainage,schools,police and fire
protection and other related infrastructure."
The proposed use in the State Land Use Urban district and Single-Family
Residential 10,000 square feet (RS-I0) zoned district may be allowed through the
granting ofa Use Permit. The Use Permit process provides all avenue to review and
analyze a proposed project on a case-by-case basis relative to infrastructure and impacts
on surrounding properties and existing uses as well as the goals and policies ofthe
General Plan. The intent and purpose ofthe Zoning Code is to promote health,safety,
morals or the general welfare ofthe community through regulations and restrictions
relative to the location and use ofbuildings,off-street parking,the percentage oflots that
may be occupied, the density ofpopulation and land for trade,industry,residence or other
putposes.
The proposed project will complement the goals,policies and standards of,
among others,the Land Use and Economic Elements ofthe General Plan.The
Ms.Paula Uusitalo,Executive Director
Hawai'i Island Adult Care, Inc.
Page 3
General Plan Land Use Pattern Allocation Guide (LUPAG)Map designates the property
as Low Density Urban,which includes residential uses,with ancillary community and
public uses, and neighborhood and convenience-type commercial uses. The property is
also designated Important Agricultural Land. The property is unclassified by the Land
StudyBureau's Detailed Land Classification System.
The desired use will not be materially detrimental to the public welfare nor cause
substantial adverse impact to the community's character or surrounding properties.The
project site is an approximately 3.6-acre property and improved with an approximately
2,538-square foot church and 1,600-square foot fellowship hall.Parking is available on
site.Surrounding properties are zoned RS-la to the north and east,A-20a to the south
and RS-7.5 to the west across the Old Mamalahoa Highway. A church is located adjacent
to the property to the north, and the Honomu Park gym and ball field is located across the
property to the west. The area is a mix ofcommercial and residential uses.Therefore,
the proposed use will not detract from the present character ofthe area, as a variety of
urban uses characterize the vicinity ofthe project site.
Due to the noise and traffic inherent to the activities already established in the
area, it is not anticipated that noise and traffic associated with the proposed use will
adversely impact surrounding properties.The proposed use will provide much needed
services for frail elders and mentally/physically challenged adults in the community.
Noise sources that currently impact the project site are minimal.
The desired use will not unreasonably burden public agencies to provide roads
and streets, sewers, water, drainage, school improvements,police and fire protection,and
other related infrastructure.County water is available to the site.Access to the project
site is from the Old Mamalahoa Highway. The applicant proposes to use an existing
septic system in compliance with the State Department ofHealth. All other utilities are
available to the site. The police station is located in Laupahoehoe and the closest fire
department is located in Hilo,approximately 12miles from the site.
The subject request is not contrary to Chapter 20SA,Hawai'i Revised
Statutes,relating to Coastal Zone Management Area.The property is not located in
the Special Management Area. There are no identified recreational resources,historic
resources,public access to the shoreline or mountain areas,scenic and open space
preserves,coastal ecosystems,marine resources or other natural and environmental
resources in the area. Thus, the proposed request and use ofthe property will not
adversely impact those resources.
By letter dated March 9, 2010, the DLNR-Historic Preservation Division has
determined that no historic properties will be affected as development/construction has
Ms.Paula Uusitalo,Executive Director
Hawai'i Island Adult Care, Inc.
Page 4
altered the land, and no new construction or land alteration is proposed in connection
with this permit. SHPD has also stated that all structures are less than twenty years in age
According to the applicant, there are no listed, candidate or proposed endangered plant or
animal species on the site. There is no record ofa designated public access to the
shoreline or mountain areas that traverses the property.According to the Flood Insurance
Rate Map (FIRM), the property is located in Zone "X", area outside ofthe 500-year flood
plain. There are no valued cultural,historical or natural resonrces on the property and no
evidence of any traditional and customary Native Hawaiian rights being practiced on the
site. Thus, it is not anticipated that the proposed request will have any adverse impact on
cultural or historical resources in the area.
Based on the above, the establishment and operation ofthe Honomu Adult Day
Center within the fellowship hall ofthe Hilo Coast United Chnrch of Christ is compatible
with the existing land uses and the physical and social environment ofthe area and
promote the effectiveness and objectives ofthe Zoning Code and General Plan. Approval
ofthe request is subject to the following conditions. Should any ofthe conditions not be
met or substantially complied with in a timely fashion, the Planning Director may initiate
procedures to revoke this permit.
I. The applicant, its successor or assigns shall be responsible for complying with all
stated conditions ofapproval.
2. The applicant,successors or assigns shall secure Final Plan Approval for the
proposed development from the Planning Director in accordance with Section 25-
2-70, Chapter 25 (Zoning Code),Hawai'i County Code within two (2) years from
the effective date ofthis permit. Plans shall identify all existing and/or proposed
structures, paved driveway accesses and parking stalls associated with the
proposed development.Landscaping shall be included on the plans to mitigate
any potential adverse noise or visual impacts to adjacent properties in accordance
with the Planning Department's Rule No.17,Landscaping Requirements.
3. The hours ofoperation for the Adult Day Care Center shall be limited from
Monday through Friday, 7:00 a.m. to 5:00 p.m.
4. Vehicular traffic associated with the Adult Day Care Center shall be through the
southernmost driveway on Old Mamalahoa Highway.
5. All driveway connections to the Old Mamalahoa Highway shall conform to
Chapter 22, County Streets,ofthe Hawai'i County Code.
Ms. Paula Uusitalo, Executive Director
Hawaii Island Adult Care, Inc.
Page 5
6. All development-generated runoffshall be disposed ofon-site and shall not be
directed toward any adjacent properties.
7. If required, a drainage study shall be prepared by a licensed civil engineer and
submitted to the Department ofPublic Works prior to the issuance ofa
construction permit. Drainage improvements,ifrequired, shall be constructed,
meeting with the approval ofthe Department ofPublic Works prior to receipt ofa
Certificate ofOccupancy.
8. Septic tank(s) shall be installed, meeting with the standards and requirements of
the State Department ofHealth, prior to the issuance ofaCertificate of
Occupancy.
9. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to the issuance ofa
Certificate ofOccupancy.
10. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
11.An initial extension oftime for the performance ofconditions within the permit
may be granted by the PlarmingDirector upon the following circumstances:
A.The non-performance is the result ofconditions that could not have been
foreseen or are beyond the control ofthe applicant, successors or assigns,
and that are not the result oftheir fault or negligence.
B. Granting ofthe time extension would not be contrary to the General Plan
orZoning Code.
C. Granting ofthe time extension would not be contrary to the original
reasons for the granting ofthe 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).
Should any ofthe conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate the revocation ofthe Use Permit.
Ms.Paula Uusitalo,Executive Director
Hawai'i Island Adult Care, Inc.
Page 6
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 ofthe affected
agencies.
Should you have any questions,please contact the Planning Department at 961-8288.
Sincerely,
Rell Woodward,Chairman
Windward Planning Commission
Lhawaiiislandadultcareusel0-000018PC
cc:Hilo Coast United Church ofChrist
Department ofPublic Works
Department ofWater Supply
County Real Property 9-::{Division
Mr.Gilbert Bailado /