HomeMy WebLinkAbout13-040County 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
Steven and Lynda Hirakami
12-4265 Pahoa Kalapana Road
.Pahoa,HI 96778
DearMr.and Mrs.Hirakami:
Use Permit Application (USE 13-000040)
Applicant:Steven and Lynda Hirakami
Request:To Establish a Medical Clinic
Tax Map Key:1-5-114:022
The Windward Planning Commission,at its duly held public hearing on July II,2013,voted to
approve the above-referenced request to allow the establishment ofa medical clinic and
accessory uses on 1.31 acres ofland situated within the Single Family Residential (RS-IO)
zoning district.The project site is situated at the south side ofPahoa Village Road across from
Sacred Heart Catholic Church between Paul's Repair station and Ka'ohe Homestead Road,
Pahoa,Puna,Hawai'i.
Approval ofthis request is based on the following:
The applicants are requesting a Use Permit to allow the establishment and
operation ofa medical clinic that will provide quality primary health care services to
Pahoa Village and surrounding communities.An existing 2,457-square foot dwelling and
attached carport will be converted to accommodate the medical clinic.Clinic staffwill
include two Family Nurse Practitioners working as primary care providers in
collaboration with a Medical Doctor,a Registered Nurse,a certified Dietitian,a
Behavioral Health Specialist,and a receptionist.The clinic will operate Monday through
Friday from 7:00 a.m.to 5:00 p.m.and every other Saturday from 8:00 a.m,to noon.
Approximately 4 to 6 clients per hour will be cared for at the clinic.Parking will be
provided on-site.With the recent growth ofthe surrounding community,there is a
substantial need for health care providers who offer quality health care services.The
Hawai'i County is an Equal Opportunity Provider and Empioyer
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Steven and Lynda Hiiakami
Page 2
proposed clinic will offer quality primary health care services,attending to acute and
chronic disease management with a strong focus on the overall health and wellness ofthe
community.
Rule 7 (Use Permits),Section 7-6,ofthe Planning Commission's Rules of
Practice and Procedure states that the Planning Commission may approve a Use Permit
upon finding that:
a)The granting ofthe proposed use shall be consistent with the general
purpose ofthe 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 is consistent with the general purpose of the zoning
district.the intent and purpose of the Zoning Code.and the County 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 ofa lot that may be
occupied,and the density ofpopulation and land for trade,industry,residence or other
purposes.The Zoning Code requires the issuance ofa Use Permit for hospitals,
convalescent,nursing and rest homes,and other similar uses devoted to the care or
treatment ofthe aged,the sick,or the inform in the Single-Family Residential (RS)
district.Thus,a Use Permit is required for the proposed medical clinic.Use Permits are
permits to allow uses in zoning districts which require special attention to insure that the
uses will not unduly burden public agencies to provide public services or cause
substantial adverse impacts upon the surrounding community.
The proposed use is consistent with the General Plan Land Use Pattern Allocation
Guide (LUPAG)Map designation for the property which is Medium Density Urban.This
designation allows single-family and multiple-family residential and related functions
(overall residential density may be up to 35 units per acre),and village and neighborhood
commercial uses.According to U.S.census data the population ofthe Puna district has
grown faster between 2000 and 20I0 than any other district in Hawai'i County;however,
the provision ofmedical services has not kept pace with this growth.The proposed
medical clinic will increase medical services to Pahoa Village and the surrounding
Steven and Lynda Hirakami
Page 3
community,which will directly support a goal ofthe General Plan to encourage the
establishment or expansion ofcommunity health centers and rural health clinics.
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 property is located near the center ofPahoa Village and the surrounding
area is primarily commercial and residential in character.Lands to the northwest are
zoned CV-10 and include an auto repair and gas station,restaurant,and other retail
businesses in downtown Pahoa.A church is located across Pahoa Village Road to the
east on lands zoned A-Ia.The adjacent property to the south,which is zoned RS-I0,is
developed with a single-family dwelling.Educational uses such as Kamehameha Schools
Early Childhood Education Program and Pahoa High and Intermediate School are located
further south.The undeveloped land to the west is zoned RS-IO.
The existing dwelling will be converted to a medical clinic and driveway and
parking lot improvements will be made which will create temporary construction impacts
such as an increase in noise,dust and truck traffic.These impacts will be temporary in
nature and minor in scope and therefore are not anticipated to have a substantial adverse
impact on the surrounding properties,particularly since some ofthe surrounding
properties are already developed with commercial and community uses.
Existing landscaping currently existing upon the subject property should be
sufficient to reasonably mitigate any adverse visual impacts upon surrounding properties
and to reduce the affects ofnoise associated with the development, particularly along the
south property line and an adjacent residence and along the north property line near the
proposed parking area.Adjoining landowners to the north and south ofthe subject
property submitted written testimony indicating that they had no objections to
maintaining the existing landscaping currently being restored by the applicant and felt
that additional landscaping would not be necessary.The neighbor to the south
appreciated the current "openness"ofthe existing grass lawnbetween the proposed clinic
site and their home and the neighbor's property to the north is separated by a 20-foot tall
embankment that serves as an existing visual buffer.With implementation ofa condition
ofapproval asking that the existing landscaping be maintained in a good condition and
with both adjoining neighbors not wishing to see additional landscaping,the proposed use
is not likely to have a substantial adverse impact to the community's character or to
surrounding properties and will not be detrimental to the public welfare.
The proposed use will not unreasonably burden public agencies to provide
roads and streets,sewers,water,drainage,schools,police and fIre protection and
other related infrastructure.Access to the property is from Pahoa Village Road,which
Steven and Lynda Hirakami
Page 4
is a two-lane paved County roadway with approximately 7-foot wide paved shoulders
fronting the property.The applicants will widen the existing 9-to 1O-foot wide asphalt
driveway to 20 feet,which is the minimum width required by the Fire Department to
provide access for emergency vehicles.Typically paved parking areas are provided in
developed areas such as the centers ofrural towns and Hilo and Kona,and for uses
normally permitted in the RS district other than single-family dwellings.However,since
the proposed medical clinic is restricted in its scope and range ofuse with a low amount
ofclient traffic,the cost ofproviding extensivepavement improvements within the
driveway and parking area is deemed excessive.Therefore,a condition ofthe permit will
specify that on-site parking area and access driveway can be maintained in gravel.
County water is available to the property via a S/8-inch meter limited to 400 gallons per
day.Should additional water be required for the proposed use,the applicants will need to
install an additional or larger water meter.The existing 8-inch waterline in this part of
Pahoa Village is not capable ofproviding the required 2,000 gallon per minute ofwater
flow for fire protection for commercial land uses.The applicants will need to provide fire
protection as recommended by the Fire Department,which may include installing an
additional water line and/or fire hydrant or onsite water storage.A new septic system will
be installed to replace the existing cesspool.All other essential utilities and services are
available to the site.Thus,the proposed use will not unreasonably burden public
agencies to provide infrastructure.
Based on the above,the establishment and operation ofa medical clinic and
accessory uses on 1.31 acres ofland situated within the Single-Family Residential (RS-
10)zoning district is compatible with the existing land uses and the physical and social
environment ofthe area,and promotes the effectiveness and objectives ofthe Zoning
Code and General Plan.
According to the Zoning Code,in approving any use pennit application,the .
commission may issue the approval subject to conditions,including hours ofdaily
operation and terms ofthe use permit.The conditions imposed by the commission shall
bear a reasonable relationship to the use permit granted.
Approval ofthe request is subject to the following conditions.
I.The applicants,its successor or assigns shall be responsible for complying with all
stated conditions ofapproval.
2.The medical clinic shall be established within five (S)years from the effective
date ofthis permit.Prior to establishing this use,the applicants shall complete the
following:
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Steven and Lynda Hirakami
Page 5
a)Secure Final Plan Approval from the Planning Director in accordance with
Section 25-2-70,Chapter 25 (Zoning Code),Hawai'i County Code.Plans
shall identifY all existing and proposed structures,twenty-foot wide gravel
driveway access,gravel parking areas,and existing landscaping associated
with the proposed use.Landscaping along portions ofthe southern
property boundary in proximity to the medical clinic and along the
northern property boundary inproximity to the proposed parking lot shall
be maintained in good condition.
b)Secure and finalize a change ofuse building permit for the conversion of
the existing dwelling into a medical clinic.
3.T4e applicants shall submit water usage calculations to the Department ofWater
Supply (DWS)that include the total estimated daily water usage in gallons per day
and the estimated peak flow in gallons per minute for the medical clinic prepared
by a professional engineer in the State ofHawai'i.Upon review and approval of
the calculations by DWS,ifit is found that water can be made available for the
proposed use,the applicants shall submit a water commitment deposit in
accordance with the "Water Commitment Guidelines Policy",facilities charges,
and other improvements required by DWS which may include,but not be limited
to,upgrading the existing water meter or installing an additional water meter.The
applicants shall also provide any improvements required by the Fire Department
to meet the fire protection needs ofthe medical clinic.This condition shall be
implemented prior to the issuance of a Certificate ofOccupancy for the medical
clinic.
4.The applicants shall install a reduced pressure typebackflow prevention assembly _
within five (5)feet ofthe existing water meter and any additional water meters on
.private property,which must be inspected and approved by the Department of
Water Supply prior to establishment ofthe medical clinic.
5.Access to Pahoa Village Road shall comply with Chapter 22,County Streets,of
the Hawai'i County Code.
6.Streetlights and traffic control devices,as may be required by the Traffic Division,
Department ofPublic Works,shall be installed by the applicants at no cost to the
County.
Steven and Lynda Hirakami
Page 6
7.All earthwork activity,including grading and grubbing, shall confonn to Chapter
10,Erosion and Sedimentation Control,ofthe Hawai'i County Code.
8.All development-generated runoffshall be disposed ofon-site and shall not be
directed toward any adjacent properties.
9.Prior to receipt ofa Certificate ofOccupancy,an individual wastewater system
shall be installed meeting with the requirements ofthe Department of Health.
10.Should any unidentified sites or remains such as artifacts,shell,bone,or charcoal
deposits,human burials,rock or coral alignments,paving,or walks be
encountered,work in the immediate area shall cease and the Department ofLand
and Natural Resources -Historic Preservation Division (DLNR-HPD)shall be
immediately notified.Subsequent work shall proceed upon an archaeological
clearance from the DLNR-HPD that sufficient mitigative measures have been
taken.
II.The applicants shall comply with all applicable County,State and Federal laws,
rules,regulations and requirements.
12.An initial extension oftime for the perfonnance of conditions within the permit
may be granted by the Planning Director upon the following circumstances:
A.
B.
C.
D.
The non-perfonnance is the result ofconditions that could not have been
foreseen or are beyond the control ofthe applicants,successors or assigns,
and that are not the result oftheir fault or negligence.
Granting ofthe time extension would not be contrary to the General Plan
or Zoning Code.
Granting ofthe time extension would not be contrary to the original
reasons for the granting ofthe permit.
The time extension granted shall be for a period not to exceed the period
originally granted for perfonnance (i.e.,a condition to be perfonned within
one year may be extended for up to one additional year).
Steven and Lynda Hirakami
Page 7
Should any ofthe conditions not bemet or substantially complied with in a timely
fashion,the Planning Director may initiate the revocation ofthe Use Pennit.
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 Daryn Arai ofthe Planning Department at
961-8288.
Sincerely,
~~~~~~cr
Windward Planning Commission
Lhirukamiuse13-OOOO40'NpC
cc:Department of Public Works
Department ofWater Supply
County Real Property Tax Division
State DLNR-HPD
Mr.Gilbert Bailado,GIS Analyst