HomeMy WebLinkAbout15-053County of Hawaii
WINDWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720
Phone(808)961-8288 • Fax(808)961-8742
OCT 12 2015
Jill D. Raznov, Esq.
Law Offices ofYeh&Moore
85 W. Lanikaula Street
Hilo,HI 96720
Dear Ms. Raznov:
SUBJECT: Use Permit(USE 15-000053)
Applicant: Joycare,LLC
Request: Allow the Construction and Establishment of an Adult Residential
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Care Home(ARCH),Type II Facility for up to 16 Unrelated Adults
Tax Map Key: 2-3-018:072
The Windward.Planning Commission, at its duly held public hearing on October 1, 2015,voted
to approve the above-referenced request to allow the construction and establishment of an adult
residential care home(group living facility) for up to 16 unrelated adults within the Multiple-
Family Residential(RM-1)zoning district. The project site is situated on the east side of
Kapi`olani Street and Ponahawai Street, South Hilo,Hawaii.
Approval ofthis permit is subject to the following conditions:
1. The applicant, its successor or assigns shall be responsible for complying with all stated
conditions ofapproval.
2. The project shall be developed and operated in substantial compliance with the
representations made by the applicant within the Use Permit application
USE 15-000053)received July 14, 2015.
3. Prior to the issuance of a water commitment by the Department of Water Supply(DWS),
the applicant shall submit the anticipated maximum daily water usage calculations as
prepared by a professional engineer licensed in the State of Hawaii to the DWS. A water
Hawai`i County is an Equal Opportunity Provider andEmployer
OCT 122015
Jill D. Raznov,Esq.
Law Offices ofYeh&Moore
Page 2
commitment deposit shall be paid to the DWS within 180 days from the effective date of
this ordinance in accordance with Rule 5 of the Department of Water Supply's Rules and
Regulations. The applicant is responsible for maintaining valid water commitments to
support the proposed use until such time that required water facilities charges are paid in
full.
4. The applicant shall install a reduced pressure type backflow 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 ofWater Supply.
5. Construction of the proposed development shall be completed within five(5)years from
the effective date ofthis permit. Prior to construction,the applicant(s), successor(s)or
assign(s)shall secure Final Plan Approval for the proposed development from the
Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code),
Hawaii County Code. Plans shall identify all existing and/or proposed structure(s),
paved driveway access and paved parking stalls associated with the proposed
development. Landscaping shall be indicated on the plans for the purpose ofmitigating
any adverse noise or visual impacts to adjacent properties in accordance with the
requirements of Planning Department's Rule No. 17 (Landscaping Requirements) and
Chapter 25 (Zoning Code), Hawai`i County Code.
6. All development-generated runoff shall be disposed of on-site and shall not be directed
toward any adjacent properties. If required, a drainage study shall be prepared by a
licensed civil engineer and submitted to the Department ofPublic Works prior to the
issuance of a construction permit. Drainage improvements, if required,shall be
constructed,meeting with the approval of the Department of Public Works prior to
receipt of a Final Plan Approval.
7. All earthwork and grading activity shall conform to Chapter 10,Erosion and Sediment
Control of the Hawaii County Code.
8. All driveway connections to Kapi`olani Street shall conform to Chapter 22, County
Streets, of the Hawai`i County Code.
9. Sewer lines shall be installed within the development to connect with the County's sewer
system,meeting with the approval ofthe Department of Environmental Management
prior to the issuance of a Certificate of Occupancy.
Jill D. Raznov, Esq.
Law Offices of Yeh&Moore
Page 3
10. A Solid Waste Management Plan shall be submitted to the Department of Environmental
Management for review and approval prior to the issuance of Final Plan Approval.
11. The applicant shall comply with all applicable County, State and Federal laws,rules,
regulations and requirements,including the Department of Health for licensing for ARCH
facilities.
12. 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 ofthe applicant, successors or assigns, and that are not
the result oftheir 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
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 of the Use Permit.
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
Approval ofthis permit is based on the reasons given in the attached FindingsReport.pPY'
Jill D. Raznov,Esq.q
Law Offices ofYeh&Moore
Page4
Should you have any questions,please contact Jeff Darrow ofthe Planning Department at
961-8158.
cerely,
Myles Miyasato, Chairman
Windward Planning Commission
UoycareUSE15-053wpc
Enclosure: PC Findings Report
cc: Joycare, LLC
Department of Public Works
Department ofWater Supply
County Real Property Tax Division- Hilo
Department of Environmental Management
Department ofHealth
Mr. Gilbert Bailado
COUNTY OF HAWAII
PLANNING COMMISSION FINDINGS
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JOYCARE,LLC
USE PERMIT APPLICATION (USE 15-000053)
JOYCARE, LLC has submitted an application for a Use Permit to allow the
construction and establishment of an adult residential care home (group living facility) for up to
16 unrelated adults within the Multiple-Family Residential (RM-1) zoning district. The property
is located on the east side of Kapi`olani Street, approximately 620 feet south from the
intersection of Kapi`olani Street and Ponahawai Street, South Hilo,Hawai`i,TMK: 2-3-018:072.
The applicant is requesting a Use Permit to allow a group living facility (Adult
Residential Care Home (ARCH) -Type II) that will accommodate a maximum of sixteen (16)
unrelated adults within the Multiple-Family Residential (RM-1) zoned district. Chapter 25-1-5II
definitions) in the Zoning Code defines a group living facility as a 24-hour residential facility
licensed or certified, and monitored by the State of Hawai`i's Department of Health (DOH) or
Department of Human Services (DHS), for persons covered under the Fair Housing Act, as
amended, containing between six and eight unrelated adults and/or children,plus unrelated home
operator or staff who shall not be included in the resident count. These facilities are permitted
within in the RS, RD, RM, RCX, RA, FA, A, CN, CG, CV, and V zoning districts. A Use
Permit is required to increase the amount of residents within the group living facility beyond
eight (8)persons. The applicant will be constructing a new structure for the group living facility
and will comply with all applicable licensing and monitoring standards for ARCH facilities.
The new facility will be a two-story, 8,000 square-foot, state-licensed adult residential
care home (ARCH). It will consist of 12 rooms and 16 beds (9 private rooms and 3 shared
rooms). It will have an elevator and two stairwells (one inside and one outside the building).
The first floor will feature a large entrance lobby, security station, resident and visitor gathering
area, restrooms, kitchen and dining area and an activity area with a therapeutic pool. There will
be 5 resident rooms and an apartment unit for staff. The second floor will have 7 resident rooms
and a group siting and gathering area for residents and guests.
The group living facility will be staffed by a total of 12-15 employees, including 1
licensed Certified Nursing Assistant (CNA) who will be the primary caregiver for the project, 4
to 6 additional CNAs, with at least one CNA available for each shift and on-site 24 hours a day,
1 licensed Registered Nurse (RN), at least 2 security personnel, at least 2 chefs and at least one
maintenance/housekeeping employee. There will be at least 2 to 3 personnel on-site at all times.
The facility will operate 7 days a week, 24 hours a day.
The facility is planned to operate as an ARCH Type II facility, which will provide 24-
hour living accommodations to no more than 16 unrelated adults who require minimal assistance
in their daily living activities and personal and health care services, but who do not need the
professional health services provided in an intermediate, skilled nursing, or acute care facility.
Rule 7 (Use Permits) of the Planning Commission's Rules of Practice 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 of the proposed use shall be consistent with the general purpose of
the zoning district, the intent and purpose of the Zoning Code, and the County General Plan;
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b) The granting of the 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 of the 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 Multiple-Family Residential
RM-1) zoned district. A group living facility with more than eight unrelated adults may be
allowed through the granting of a Use Permit. The Use Permit process provides an 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 of the
General Plan. The intent and purpose of the Zoning Code is to promote health, safety, morals or
the general welfare of the community through regulations and restrictions relative to the location
and use of buildings, off-street parking, the percentage of lots that may be occupied, the density
ofpopulation and land for trade, industry,residence or other purposes.
The granting of the proposed use shall be consistent with the general purpose of the
zoning district, the intent and purpose of the Zoning Code, and the County General Plan.
According to the Zoning Code, the Multiple-Family Residential (RM) zoning district provides
for medium and high density residential use. It covers areas in close proximities to full
community facilities and services. It may occupy transition areas between commercial or
industrial areas and other districts of less intense land use. The Zoning Code allows for group
living facilities to be a permitted use within the County's Multiple-Family Residential (RM)
zoned district.
Chapter 25-1-5 (definitions) in the Zoning Code defines a group living facility as a
24-hour residential facility licensed or certified, and monitored by the State of Hawai`i's
Department of Health (DOH) or Department of Human Services (DHS), for persons covered
under the Fair Housing Act, as amended, containing between six and eight unrelated adults
and/or children, plus unrelated home operator or staff who shall not be included in the resident
count. A Use Permit is required to increase the amount of residents within the group living
facility beyond eight(8)persons.
The General Plan Land Use Pattern Allocation Guide(LUPAG) Map designates a portion
of the project site as High Density Urban, which are areas that allow for general commercial,
multiple family residential (up to 87 units per acre) and related services. The request is not
contrary to the Land Use Pattern Allocation Guide (LUPAG) Map designation for this area and
complements the Land Use and Economic elements of the General Plan.
Based on the above, the request is consistent with the general purpose of the zoned
district, the intent and purpose of the Zoning Code and the County General Plan.
The granting of the 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. The property is 24,249 square feet in size and is currently vacant of
structures and uses. The property has been previously grubbed and several small rock walls have
been constructed.
Surrounding properties along Kapi`olani Street are similarly zoned RM-1 and consist of
single and multiple family dwellings, including several apartment buildings. Further east along
Ululani and Kinoole Street are properties zoned CG-7.5 that consist of commercial uses and
some residential uses. Further west are properties zoned RS-7.5 that consist of single family
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dwellings. The property borders the Alenaio Stream along the southwest boundary, which isimprovedwithadrainagechannel.
The proposed facility is being constructed in an area proposed for high density urban
uses, including multiple-family residential and general commercial types of uses. There are
several apartment buildings in the area in close proximity to the proposed group living facility.The proposed ARCH facility is not anticipated to adversely affect surrounding property owners
regarding noise, visual or traffic impacts. The facility is proposed to be two stories in height.
The majority of the residents will be elderly and will not be licensed drivers or own vehicles.
Based on the above discussion, it is determined that the 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. In addition, the Planning Department
received no objections or concerns from the community.
The granting of the 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. Access to the property is from Kapi`olani Street, which is a
County owned and maintained roadway with a 20-foot asphalt pavement with curb, gutter and
sidewalks on both sides within a varying right-of-way width. A traffic impact study of theproposedusewasnotpreparednorwasonerequired. It is not anticipated that the proposed use
will have an adverse impact on existing traffic conditions. The nature of the proposed use and its
scope will not generate levels of traffic that will unreasonably burden the existing roadways
within this area. County water is available to the project site.
In the application, it is represented that the applicant is proposing to connect to theCountysewersystemfrontingthepropertywithinKapi`olani Street. The Planning Department
received comments from the Department of Environmental Management-Wastewater Division
generally stating that the existing 8-inch sewer main on Kapi`olani Street is substandard with
multiple sags in the line, which was built in 1939 and traverses a steep embankment in private
properties beneath existing structures to connect to Kukuau Street. Based on the above, DEM is
recommending that TMK: 2-3-018:072 not be allowed to connect to the County Sewer System
without upgrades to the sewer system, including relocating the sewer line traversing properties 2-3-018:001 & 063 to the County Right-of Way, which would likely result in requiring that thesewerlinebereplacedonKapi`olani Street to Kukuau Street, as well as partially down KukuauStreetinordertoallowgravityflowtothesewermain.
In consultation with the Director of the Department of Environmental Management
DEM) and according to the Sewer Code (Chapter 21 of the Hawaii County Code), there are no
other options open to the applicant, such as constructing a septic system or a cesspool for the
project. The proposed project must connect to the County sewer system. The cost of upgradingthesewerlinesinthisareawouldbeextremelyexpensiveforoneapplicanttobearand
essentially put a stop to this project. DEM cannot prevent the applicant from connecting theprojecttothesewersystemasitisarequirementoflaw. The applicant will be required to
comply with DEM's requirements for connection. DEM understands that there are needed
improvements for the system in this area and will be working towards getting the funding to havetheseimprovementscompletedinthefuture.
Electricity and telephone services are available to the project site. Lastly, a condition willbeaddedrequiringtheapplicanttocomplywithallapplicableCounty, State and Federal laws,
rules, regulations and requirements. Therefore, based on the above discussion, with conditions
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of approval added, the granting of the request will not unreasonably burden public agencies to
provide needed services and infrastructure.
In addition to the criteria for granting a Use Permit, the request is not contrary to
Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The
property is not located within the Special Management Area and is approximately one-half mile
from the nearest coastline. There is no record of a designated public access to the shoreline or
mountain areas traversing the property. Due to the project site's distance from the shoreline, the
property will not impact any recreational resources, scenic and open space or visual resources,
coastal ecosystems and marine coastal resources.
The Department of Land and Natural Resources-State Historic Preservation Division
issued a "no effect" letter dated July 8, 2015 stating that their determination is that no historic
properties will be affected by the project. The site has been cleared in the past and it is unlikely
that there are any archaeological or cultural features on the property. There are no known valued
cultural, historical or natural resources on the project site 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.
Lastly, this approval is made with the understanding that the applicant remains
responsible for complying with all other applicable governmental requirements in connection
with the approved use, prior to its commencement or establishment upon the subject property.
Additional governmental requirements may include the issuance of building permits, the
installation of approved wastewater disposal systems, compliance with the Fire Code, installation
of improvements required by the American with Disabilities Act (ADA), among many others.
Compliance with all applicable governmental requirements is a condition of this approval; failure
to comply with such requirements will be considered a violation that may result in enforcement
action by the Planning Department and/or the affected agencies.
Based on the above considerations, Use Permit No. 15-000052 is approved to allow the
construction and establishment of an adult residential care home (group living facility) for up to
16 unrelated adults within the Multiple-Family Residential (RM-1) zoning district on the above
referenced property is approved.
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