HomeMy WebLinkAbout15-054County 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
NOV 1 9 2015
Mr. Sidney M. Fuke
Planning Consultant
100 Pauahi Street, Suite 212
Hilo,HI 96720
Dear Mr.Fuke:
SUBJECT: Use Permit Application(USE 15-000054)
Applicant: Hawaii Vision Specialists
Request: Establish a Medical Office and Clinic
Tax Map Key: 2-4-025:049
The Windward Planning Commission, at its duly held public hearing on November 5, 2015,
voted to approve the above-referenced request to establish and operate a medical office, clinic
and related facilities on approximately 1.5 acres of land situated within the County's Single-
Family Residential—7,500 square feet(RS-7.5) and Multiple Family Residential— 1,000 square
feet(RM-1)zoning districts.The project site is situated at the intersection of Kapi`olani Street
and Hualalai Street to the west(mauka)of the Hilo Police Station, Kukua'a 1St, South Hilo,
Hawai`i.
Approval of this 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. Prior to the issuance of a water commitment by the Department ofWater Supply,
the applicant shall submit the anticipated maximum daily water usage calculations
for the proposed improvements prepared by a professional engineer in the State of
Hawai`i, for review and approval, and a water commitment deposit in accordance
with the"Water Commitment Guidelines Policy"to the Department ofWater
Supply within one hundred and eighty days from the effective date of this permit.
Hawai`i County is an Equal Opportunity Provider and Employer
NOV 2Q2015
Mr. Sidney M.Fuke
Planning Consultant
Page 2
3. The applicants shall install a reduced pressure type backflow prevention assembly
within five(5) feet of the existing water meter and any additional water meters on
private property, which must be inspected and approved by the Department of
Water Supply.
4. Construction of Phase I of the proposed development shall be completed within
five(5) years from the effective date of this permit. Construction of the remainder
ofthe development shall be completed within ten(10)years from the effective
date ofthis permit. Prior to construction,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), Hawaii
County Code. Plans shall identify all 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). All buffer yard
landscaping shall conform to the standards for separation of a Single Family
Residential (RS)zoning district from a Commercial(CN)zoning district as
provided for in Planning Department Rule No. 17.
5. A drainage study of the subject property shall be prepared and submitted to the
Department of Public Works for review and approval,prior to submittal ofplans
for Plan Approval review. Drainage improvements, if required, shall be
constructed,meeting with the approval ofthe Department ofPublic Works prior
to the issuance of a Certificate of Occupancy for Phase I of the project.
6. A ten(10)-foot wide future road widening easement shall be delineated along the
entire Kapi'olani Street frontage of the subject property and shown on plans
submitted to the County for plan approval review and for building permit
application(s). Minimum yard setbacks consistent with an RM zoning district
shall be measured from this road widening easement. Upon the request of the
Department of Public Works,the applicant,it's successors or assigns shall
subdivide the land encumbered by the future road widening and shall dedicate it to
the County of Hawai`i at no cost.
7. Applicant shall reconstruct the lifted portion of concrete sidewalk area along
Kapi`olani Street in accordance with County Code(HCC 22-4.6. Maintenance of
sidewalk area) and in a manner meeting with the approval of the Department of
Public Works.
Mr. Sidney M. Fuke
Planning Consultant
Page 3
8. The proposed medical clinic shall connect to the County sewer system,prior to
the issuance of a Certificate of Occupancy for any portion ofthe proposed clinic.
A sewer study shall be prepared by the Applicant and shall meet with the approval
of the Department of Environmental Management(DEM). All sewer system
improvements recommended by the sewer study and required by the DEM shall
be provided by the Applicant.
9.Should any unidentified sites or remains such as artifacts, shell,bone,or charcoal
deposits,human burials,rock or coral alignments,pavings or walls be
encountered,work in the immediate area shall cease and the Department of Land
and Natural Resources-State Historic Preservation Division(DLNR-SHPD) shall
be immediately notified. Subsequent work shall proceed upon an archaeological
clearance from the DLNR-SHPD when it finds that sufficient mitigative measures
have been taken.
10. The applicant shall comply with all other applicable laws,rules,regulations, and
requirements of affected agencies for the proposed project.
11. 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 of 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 the 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).
Should any of the conditions not be met or substantially complied with in a timely
fashion,the Planning Director may initiate procedures to revoke this permit.
Mr. Sidney M. Fuke
Planning Consultant
Page 4
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 of this permit is based on the reasons given in the attached Findings Report.
Should you have any questions,please contact Christian Kay ofthe Planning Department at
961-8136.
Sincerely,
les i asato Chaii anYY
Windward Planning Commission
LHawaiivisionspecialistUSE 15-Q54wpc
Enclosure: PC Findings Report
cc: Hawai`i Vision Specialists
Department ofPublic Works
Department of Water Supply
County Real Property Tax Division-Hilo
Department ofLand&Natural Resources -HPD
Department ofEnvironmental Management
Mr. Gilbert Bailado
COUNTY OF HAWAII
PLANNING COMMISSION FINDINGS
HAWAII VISION SPECIALISTS
USE PERMIT APPLICATION(USE 15-000054)
Based on the following, Use Permit No. 15-000054 is hereby issued to allow the
establishment and operation of a medical office, clinic and related facilities on approximately
1.5 acres of land situated within the County's Single-Family Residential-7,500 square foot
RS-7.5)and Multiple Family Residential-1,000 square foot(RM-1) zoning districts.
HAWAII VISION SPECIALISTS has submitted an application for a Use Permit to
establish and operate a medical office, clinic and related facilities on approximately 1.5 acres
of land situated within the County's Single-Family Residential-7,500 square foot (RS-7.5) and
Multiple Family Residential-1,000 square foot (RM-1) zoning districts. The project site is
located at the intersection of Kapi`olani Street and Hualalai Street to the west (mauka) of the
Hilo Police Station,Kukua`u l , South Hilo,Hawai`i,TMK: 2-4-025:049.
The applicant is requesting a Use Permit to allow the construction of a 10,500 square foot
medical office, clinic, and related facilities on approximately 1.5 acres of land. Currently, the
applicant has its office at a rented space on Kalanianaole Avenue. The new facility on the
subject property will offer routine eye care and examinations as well as out-patient surgery.
According to the applicant, hours of operation are expected to be Monday through Friday from
8:00am to 5:00pm, however, there may be occasions that the office will be open as early as
7:00am and as late as 6:00pm depending on patient needs. The applicant is proposing to develop
the project.in 2 phases:
Phase 1: A single-story, free-standing Ambulatory Surgical Center building consisting of
approximately 3,500 square feet and approximately 26 parking stalls square feet. As a
single-story structure,the height will be less than 25 feet.
Phase 2: A 7,000 square foot expansion for an Ophthalmic Physician's Office Space and
an additional 38 parking spaces.
Proposed driveway accesses from Kapi`olani Street and Hualalai Street.
The project is anticipated to be developed in two phases, with the first phase anticipated
to be complete and occupied by the end of 2017 at a cost of approximately 1 million dollars.
Construction of the second phase would be governed by demand and finance, but the goal is to
initiate construction five (5) years after occupancy of the first phase. The second phase is
anticipated to cost 2 million dollars.
The reason for the request is that the applicant would now like to provide services in a
new, state of the art facility at a more conveniently accessible location where patients can
navigate safely in and out of the facility.
Rule 7 (Use Permits), Section 7-6, of the Planning Commission's Rules of Practice and
Procedure states that the Planning 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;
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
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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 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.
The establishment of a medical office, clinic, and related facilities on the property is consistent
with the purpose of the Zoning Code because these types of facilities can be permitted in the RS
and RM zoning districts and the State Land Use Urban district through the issuance of a Use
Permit from the Planning Commission.
The Use Permit process provides an avenue to review projects on a case-by-case basis to
determine infrastructure needs and identify and address impacts on surrounding properties and
existing uses. The medical facility will be developed in compliance with Zoning Code
regulations related to building height, yard setbacks, off-street parking and landscaping.
Additionally, a proposed medical office, clinic, and related facilities are intended to provide
medical services to the community, which is consistent with the intent of RS and RM zoning
districts regarding close proximity to services.
The General Plan is intended to be used as a policy guide for the coordinated growth and
development of all sectors of the County. It sets forth goals, policies, standards and courses of
action to accommodate growth without congestion, to designate and preserve the lands needed
for residential use, commercial and visitor services, industry, agriculture and open space, and to
coordinate these uses with the County's service and circulation systems. The overall goals,
policies, and standards are set forth to physically plan the lands in the County in the best interest
of the island's residents. The proposed request is consistent with the following goals and policies
of the Land Use Element ofthe General Plan:
LAND USE—GENERAL
Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
Promote and encourage the rehabilitation and use of urban and rural areas which
are serviced by basic community facilities and utilities.
Encourage the development and maintenance of communities meeting the needs
of its residents in balance with the physical and social environment.
Encourage urban development within existing zoned areas already served by basic
infrastructure,or close to such areas, instead of scattered development.
In order to create an effective land use pattern, zoning districts and their associated uses
should closely correspond to the General Plan Land Use Pattern Allocation Guide(LUPAG)map
for the area. The LUPAG Map is a graphic representation of the General Plan's goals and
policies to guide the coordinated growth and development of the County. The subject property is
currently designated Medium Density Urban on the LUPAG Map. The Medium Density Urban
designation allows for village and neighborhood commercial and single family and multiple
family residential and related functions (multiple-family residential --up to 35 units per acre).
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The proposed medical office, clinic, and related facilities will be consistent with and supportive
of uses allowed within the Medium Density Urban designation. Thus, the proposed use is
consistent with the General Plan Land Use Pattern Allocation Guide (LUPAG) Map designation
for the property.
Therefore, based on the above 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 PIan.
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 a 1.5-acre, irregularly shaped parcel located generally at the intersection of
Kapi`olani Street and Hualalai Street to the west (mauka) of the Hilo Police Station. The
property is currently vacant of uses and structures. The property was previously used for cattle
grazing,but is currently overgrown with invasive vegetation. The proposed request, if approved,
will allow the development of a medical office, clinic, and related facilities on the subject
property.
The adjacent properties to the north have split zoning designations of RS-7.5 and RM-1
and are currently vacant. There is a triangular shaped parcel directly adjacent to the east at the
corner of Kapi`olani and Hualalai Streets which is zoned RM-1 with a dwelling. Further east
across Kapi`olani Street is the Hilo Police Station. Kitty corner to the southeast is Saint Joseph's
School. To the south across Hualalai Street is zoned RD-3.75 and consists of multiple family
apartments. Properties directly adjacent to the west are zoned RS-7.5 with a dwelling and RM-1
which is vacant. This general area is quasi-residential in character, with a K-12 school, County
Police and Civil Defense offices, a church along with single and multiple family residential
housing within 500 foot radius of the subject property.
The proposed project will meet the more restrictive minimum required yard setbacks of
20 feet from the front and rear property lines and 8 feet from its side property lines required by
the RM zoning designation. Additionally, the applicant will be required to put in landscaping
through the Plan Approval process to further minimize any adverse noise and visual impacts that
may be generated by the proposed request. All buffer yard landscaping shall conform to the
standards for separation of a residential (RS) zoning district from a commercial (CN) zoning
district as provided for in Planning Department Rule No. 17 to further minimize impacts. Traffic
will be staggered to the site based on scheduled appointments, so we anticipate that compliance
with minimum zoning code requirements will provide for sufficient on-site parking. Lastly, the
Planning Department has not received objections from the surrounding community regarding the
proposed request. Based on the above discussion, no significant adverse impact to surrounding
properties is expected.
The desired use will not unreasonably burden public agencies to provide roads and
streets, sewers, water, drainage, school improvements,police and fife protection, and other
related infrastructure. The applicant is proposing driveway accesses to the project site from
Kapi`olani Street and Hualalai Street, which are County owned and maintained rights-of-way
with widths of approximately 40 and 60 feet respectively. Kapi`olani Street has a curb, gutter,
sidewalk section on both sides of a 20-foot pavement, all within the right-of way and Hualalai
Street has a 20-22-foot wide pavement with 4-foot wide grassed or graveled shoulders within the
right-of-way.
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The Department of Public Works Engineering Division recommended that access to
Kapi`olani Street be limited to a right in and/or right out. While the Planning Department
usually defers to DPW recommendations relative to access, this recommendation accommodates
the applicant's request that they have full movement access along Kapi`olani Street rather than
limiting it to right in/right out movements. As previously stated, traffic to the site will be
staggered based on scheduled appointments with patients and which should avoid conflict during
AM/PM peak hours. In addition, a full movement access will be provided fronting Hualalai
Street, which should distribute vehicular movements between the two access points. Finally,
other properties in the vicinity of the subject property along Kapi`olani Street have are not
limited to right in/right out access.
The City of Hilo Zone Map, which identifies future road right-of-way needs in Hilo,
designates Kapi`olani Street as a 60-foot wide right-of-way; therefore, a condition of approval
will require the applicant to designate a 10-foot wide future road widening along its Kapi`olani
Street frontage on all plans submitted to the County in order to properly site proposed
improvements in anticipation of future roadway improvements by the County.
Hualalai Street has substandard pavement width for a secondary arterial. However due to
the limited scope of the proposed project and anticipated traffic volumes, the Planning
Department will not require further widening and other improvements to Hualalai Street, which
in this specific section directly fronting the property, does not function as an arterial since it
currently functions more like an extension of Hale Nani Street, a local street.
Finally, DPW requested that the applicant be required to remove and replace the lifted
due to an African Tulip tree) portion of concrete sidewalk area along Kapi`olani Street to
comply with County Code(HCC 22-4.6. Maintenance of sidewalk area). This will be required as
a condition of this permit.
Municipal water is available for the project from an 8-inch waterline within Kapi`olani
Street, however, the subject parcel does not have existing water service. DWS is requesting that
the applicant submit estimated maximum daily water usage calculations for review and approval
including all irrigation/landscaping use. DWS is requiring the installation of a reduced pressure
type backflow assembly within 5 feet of the the existing meter on private property. In addition,
DWS stated that the waterline is not adequate to meet fire-flow requirements. These will be
required as conditions of this permit.
According to Department of Environmental Management (DEM), the property is
currently not serviced by the County sewer system as a lateral line is not provided to the lot.
DEM is requiring the applicant to conduct a sewer study prior to approval to connect to the
County sewer system. According to the applicant, there is an 8-inch sewer line along Hualalai
Street and the project will be connected to that sewer line. Conducting a sewer study and
connecting to the County Sewer will be included as conditions of approval.
All other utilities are available to the site. Police and fire stations are in close proximity
to the property. Hilo Medical Center is located less than 2.5 miles from the site.
Therefore, based on the above discussion, the proposed request will not unreasonably
burden public agencies to provide roads and streets, sewers, water, drainage, school
improvements, police and fire protection, and other related infrastructure.
The subject 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 3,800 feet from the nearest shoreline. There is no
record of a designated public access to the shoreline or mountain areas traversing the property.
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Due to the project site's distance from the shoreline, the property will not impact any coastal
recreational resources, scenic and open space or visual resources, ecosystems and marine
resources.
According to the Flood Insurance Rate Map (FIRM), the subject property is located in
Zone "X", area outside of the 500-year flood plain. There are no valued cultural, historical, or
natural resources on the property and there is 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 properties.
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.
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