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HomeMy WebLinkAbout86_003Harry Kim Mayor Wil Okabe Managing Director AUG -8 2019 County of Hawai'i WINDWARD PLANNING COMMISSION Aupuni Center • IOI Pauahi Street, Suite 3 • Hilo, Hawai'i 96720 Phone (808) 961-8288 • Fax (808) 961-8742 Joseph Clarkson, Chair Thomas Raffipiy, Vice Chair Gilbert Aguinaldo Dean Au Donn Dela Cruz John Replogle Mr. Zendo Kern Planning Consultant 194 Wiwoole Street Hilo, HI 96720 Dear Mr. Kern: SUBJECT: Use Permit No. 42 (Docket No. 86-000003) Applicant: Kinesis Hawaii, Inc. (formerly Nicholas and Carol Myrianthis) Request: Amendment to Condition No. 4 (Number of Employees) and to Allow Construction of Approximately 860 Square Feet of Additional Treatment Area and an Office Space Tax Map Key: 2-3-025:025 The Windward Planning Commission, at its duly held public hearing on August 1, 2019, voted to approve the above-referenced request to amend Use Permit No. 42 amendment to Condition No. 4 (Number of Employees) and allow the construction of approximately 860 square feet of additional treatment area and an office space. The property is located on the west side of Puuhina Street, approximately 200 feet south of its intersection with Waianuenue Avenue, Piihonua, South Hilo, Hawai'i. Approval of this amendment is subject to the following conditions: 1. The applicant, its successor or assigns shall be responsible for complying with all stated conditions of approval. 2. Construction of the proposed addition, as substantially represented by the applicant, shall be completed within three (3) years from the effective date of this amended 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), Hawai' i County Code. Plans shall identify existing and proposed structures, paved driveway access, interior driveway circulation and paved parking stalls and fire protection measures. Plans shall also include detailed landscaping plans with sufficient landscaping elements along the perimeter of the subject property to provide reasonable visual and noise buffers from the adjacent properties and Puu Hina Street. Parking shall comply with the requirements of Chapter 25 (Zoning Code). www.hiplanningdept.com Hawai 'i County is an Equal Opportunity Provider and Employer planning@.hawaiicounty.gov AUG -9 2019 Mr. Zendo Kern Planning Consultant Page 2 3. Prior to issuance of Final Plan Approval, the applicant shall submit estimated daily water usage calculations for review and approval by the Department of Water Supply (DWS) that include the total estimated daily water usage in gallons per day and the estimated peak flow in gallons per minute, prepared by a professional engineer licensed in the State of Hawai'i. The applicant shall also install a reduced pressure type backflow prevention assembly within five (5) feet of the existing water meter which must be inspected and approved by the Department of Water Supply. 4. The number of employees for this facility shall be limited to [twe] three full time doctors/therapists and six clerical employees. 5. No parking shall be allowed in the driveway to the south of the property. The driveway (private road) to the south of the property shall be delineated by ~No Parking" pavement markings and appropriate signage shall be provided prior to the issuance of Final Plan Approval for the medical facility expansion. 6. The hours of operation for this facility shall be between 8:30 a.m. and 7:00 p.m., Monday to Saturday. 7. Prior to the issuance of Final Plan Approval, the applicant shall secure and finalize a change of use permit from the Department of Public Works -Building Division, in order to meet Zoning Code parking requirements and to allow the use of the second story and basement of the building for residential purposes as represented by the applicant. A variance from Zoning Code parking requirements will not be granted by the Director. 8. Prior to submittal of plans of Final Plan Approval, the applicant shall remove the carport structure situated within the rear yard setback of the subject property. A variance from the Zoning Code minimum yard requirements will not be granted by the Director. 9. The applicant shall comply with all other applicable laws, rules, regulations and requirements of the affected government agencies including, but not limited to, the Department of Health, Department of Public Works-Building Division, the Depaiiment of Water Supply and Fire Department. 10. An initial extension of time for the performance of conditions within this permit may be granted by the Planning Director upon the following circumstances: A. Non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successor, or assigns, and that are not the result of their fault or negligence. Mr. Zendo Kern Planning Consultant Page 3 B. Granting of the time extension would not be contrary to the original reasons for granting of the permit. C. Granting of the time extension would not be contrary to the General Plan or Zoning Code. D. The time extension granted does not 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). Fu1iher, 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. 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. [Note: Ramseyer version available upon request.} Approval of this permit is based on the reasons given in the attached Findings Report. Should you have any questions, please contact Christian Kay of the Planning Department at 961-8136. Sincerely, Joseph B. Clarkson Digitally signed by Joseph B. Clarkson Date: 2019.08.08 11 :50:00 -10'00' Joseph Clarkson, Chairman Windward Planning Commission LKinesishawaii Amend USE42wpc Enclosure: PC Findings Repo1i cc w/enclosures: Kinesis Hawaii, Inc. Depaiiment of Public Works Department of Water Supply County Real Property Tax Division -Hilo Plan Approval Section GIS Section COUNTY OF HAW All PLANNING DEPARTMENT PLANNING COMMISSION FINDINGS KINES IS HAW All, INC. (FORMERLY NICHOLAS AND CAROL MYRIANTHIS) AMENDMENT TO USE PERMIT NO. 42 (USE-86-000003) Based on the following considerations, the request to amend to amend Condition No. 4 of Use Permit No. 42 to allow one (1) additional therapist and three (3) additional clerical staff and to expand the facility by constructing an 860 square foot addition to the existing medical facility is approved. KINESIS HAW All, INC. (FORMERLY NICHOLAS AND CAROL MYRIANTHIS) has submitted an application for an amendment to Condition No. 4 (Number of Employees) of Use Permit No. 42 and to allow construction of approximately 860 square feet of additional treatment area and an office space. Use Permit No. 42 was approved to allow a physical therapist's office (medical facility) within a pmiion of an existing single-family dwelling situated within the County's Single-Family Residential (RS-7.5) zoning district. The property is located on the west side of Puu Hina Street, approximately 200 feet south of its intersection with Waianuenue Avenue, Pi'ihonua, South Hilo, Hawai'i, TMK: (3) 2-3-025:025. The applicant has submitted a request to amend Condition No. 4 of Use Permit No. 42, which currently reads: "The number of employees for this facility shall be limited to tvvo full time doctors/therapists and three clerical employees. "The applicant is requesting to amend this condition to allow one additional therapist or doctor to allow a total of three (3 ), full-time therapists/doctors and to increase the number of clerical employees from three (3) to six ( 6). The applicant is also requesting to expand the medical facility by constructing an approximately 860 square foot, single-story addition to the westerly (back) side of the existing building, which would include three (3) additional treatment rooms, an office and a hallway. The applicant intends to retain the second story of the building and a basement for residential uses. Upon completion of the expansion, the medical office would occupy about 2,693 square feet and the residential uses would occupy about 2, 784 square feet. Finally, the applicant is proposing to increase the number of on-site parking stalls from ten (10) to fourteen (14) to accommodate the increase in patients and staff members. According to the applicant, there has been an increased demand for physical therapy/medical services in the area, but the clinic can only currently accommodate one (1) medical practitioner working at a time. This is due to the Health Insurance Portability and Accountability Act of 1996 (HIP AA) privacy laws which require that patients be attended to in private, sound insulated rooms so doctor/patient conversations cannot be overheard. These HIP AA requirements were not in place in 1986 when the practice was first opened. At that time there were three (3) treatment cubicles in the main room that were separated by movable room dividers, which did not provide any consultation privacy. The facility has since been upgraded to include three (3) such private treatment rooms, and the requested addition would allow for three (3) additional private treatment rooms, which would help facilitate the expansion of the practice to meet service demand. In order for a smooth patient flow, one (1) medical practitioner requires (2) two clerical staff and the -1- increased clerical employees are necessary to accommodate the total number of practitioners including the additional therapist/doctor in this request. Granting of the amendment request would not be contrary to the original reasons for granting the permit and the request would not be contrary to the General Plan or the Zoning Code. Use Permit No. 42 was originally approved in 1986 by the Planning Commission to allow the establishment of a physical therapist office (medical facility) in a portion of an existing single-family dwelling within the County's Single- Family Residential (RS-7 .5) zoning district. The permit was amended in 1998 to establish medical offices in addition to the approved physical therapy use, to include doctors (and not just physical therapists) as allowed practitioners at the facility to and to allow the use of the entire structure for the medical clinic. The PC further added a new Condition No. 5 prohibiting parking in the driveway to the south of the property and requiring signage and pavement markings indicating such. When the original permit and amendment was issued, the Planning Commission found that the physical therapist/medical clinic met the criteria for a Use Permit, namely consistency with the General Plan and Zoning Code, limited adverse impact to surrounding properties and the community's character and no unreasonable burden on public agencies to provide additional services. The subject property is zoned Single-Family Residential (RS-7.5), designated Urban by the State Land Use Commission and Medium Density Urban by the General Plan. The establishment and operation of a medical clinic in the Single-Family Residential zoning district is allowed via a Use Permit. The proposed 860 square foot addition to the facility will be developed in compliance with Zoning Code regulations related to building height, yard setbacks, off-street parking and landscaping through the requirement of Final Plan Approval as a condition of approval of this amendment. Furthermore, the property's General Plan LUP AG Medium Density Urban designation supports neighborhood commercial type uses. The proposed amendments are intended to ensure compliance with Federal medical privacy laws and to accommodate an increase in demand for physical therapy and medical services in the area and support the continuation of the physical therapy/medical clinic use. Based on the preceding, the proposed amendments are consistent with the original reasons for granting the Use Pennit and are consistent with both the Zoning Code and General Plan. The proposed amendment will not be materially detrimental to the public welfare nor cause substantial, adverse impact to the community's character or to surrounding properties. Adjacent parcels arid lands immediately surrounding the subject property are zoned RS-7.5 and in single family residential uses. There is a convenience store (7-11) located less than a block away along Kaumana Drive and Arc of Hilo, Hilo Medical Center and other medical clinics/facilities are located less than half a mile away along Waianuenue A venue. The physical therapy/medical clinic has been in operation on the subject parcel for over 30 years and as the facility is a fonner dwelling built in the 1940's, it fits the design aesthetic of other dwellings in the area. Moreover, the proposed addition to the building will match the same design aesthetic and will be located largely to the rear of the existing dwelling, making it difficult to see from Puu Hina Street. Finally, the applicant has installed -2- landscaping around the perimeter of the property to mitigate visual impacts and will be required to submit an updated landscaping plan as part of the Final Plan Approval required as a condition of this amendment. The facility currently has a ten ( 10) stall parking lot in front of the clinic, including one (1) ADA stall. The Zoning Code parking requirement for a medical office is one (1) stall per 300 square feet of gross floor area, therefore based on the applicant's proposed clinic expansion to 2,693 square feet, the total number of required stalls is nine (9). The applicant is proposing to increase the number of parking stalls to fourteen ( 14) including ten (10) regular stalls, one (1) ADA stall and three (3) compact stalls to accommodate increased staff and patient parking. However, based on the 1986 change of use permit granted by the Department of Public Works -Building Division, which designated the entire building as a medical clinic, the Planning Department would use the 5,417 square feet of building area to determine required parking as part of Final Plan Approval. Based on the preceding, the total number ofrequired parking spaces would be eighteen (18), four ( 4) more than what the applicant proposes. It does not appear that there is sufficient land area to accommodate those additional stalls and the Director has indicated that he would not grant a parking variance. In order to reduce this required number of parking stalls, the Director is recommending a condition requiring the applicant to secure an additional change of use permit to convert portions of the building back to residential occupancy, as represented on the applicant's site plans which shows the upper floor and basement in residential use. The Zoning Code requires two (2) off-street parking spaces for single- family dwellings, therefore the proposed fourteen (14) stalls should be sufficient to cover the parking requirement for the clinic/residential use (eleven stalls ( 11) likely to be required for the expanded clinic use plus two (2) stalls for the residential use). The increased parking layout along with an updated drainage study will occur as part of the Plan Approval process. Due to public concerns in 1998 over blocked access to the properties behind the clinic due to vehicles parked in the driveway (private roadway) along the south side of the subject property, the Planning Commission added Condition No. 5 prohibiting parking in the driveway (private roadway) to the south of the property and requiring signage and pavement markings indicating such. During a site visit, Planning Department staff observed a "No Parking" sign on the side of the driveway, however, there were no pavement markings present. The Director recommends amending Condition No. 5 to require placement of "No Parking" pavement markings prior to issuance of Final Plan Approval. The applicant is not proposing to change the pennitted hours of operation (8:30 a.m. to 7 :00 p.m.), so there should not be any nocturnal noise issues and as discussed below, the small increase in traffic anticipated by these improvements should not be significant enough to alter the character of the neighborhood. A review of aerial imagery and a subsequent site visit found a 260 square foot carport stmcture with a shed roof, connected to the rear of the clinic that appears to extend into the rear yard setback to the rear property line. A review of County records found no building permit for the addition and it does not appear to be non-confonning (built before Zoning Code setback requirements) based on its absence from plans submitted in 1986 for -3- Plan Approval. Furthermore, the records indicated no evidence of the issuance of a setback variance; therefore, it appears that the carport structure is a potential setback violation. As the Director has indicated he will not grant a setback variance for this structure, he is recommending a condition requiring the removal of the carport prior to issuance of Final Plan Approval. Based on the preceding, the granting of the proposed amendments should not be materially detrimental to the public welfare nor cause substantial, adverse impact to the community's character or to surrounding properties. The granting of the proposed amendment will not unreasonably burden public agencies to provide roads and streets, sewer, water, drainage, school improvements, police and fire protection and other related infrastructure. Primary ingress access to the subject property is from Puu Hina Street, which is accessed from Waianuenue Avenue to the north or Kaiimana Drive to the south. Puu Hina Street is a County owned and maintained roadway with an approximately 19-foot wide pavement with grass shoulders within an approximately 40-foot right-of-way. Additionally, the subject property has legal access to the private roadway situated along the southern property boundary which is used as an egi:ess. This private roadway has an approximately 19-foot wide pavement up to the driveway exit. According to the applicant, the facility currently generates approximately ten (10) daily visitors. The applicant anticipates an increase of approximately five (5) additional daily visitors if the amendment request is approved. Due to the nature of the clinic, all patients have scheduled appointments and walk-in clients are minimal if any, therefore proposed development is not anticipated to generate a significant amount of additional traffic during weekday peak hours of travel. According to the Department of Water Supply (DWS), County water is available via an existing six (6)-inch waterline within Puu Hina Street fronting the subject parcel and that the property is currently serviced by at 5/8-inch water meter. DWS requested that the applicant provide estimated maximum daily water usage calculations for the all existing and proposed uses. Those calculations will be used to detennine if the water system can accommodate the proposed demand. The applicant will also be required to install a reduced pressure type backflow prevention assembly which was inspected and approved by DWS. Finally, DWS indicated that the existing water line within Puu Hina Street does not capable of providing the required 2,000 gallons per minute fire flow requirement for the proposed use and that the applicant should contact the Fire Department to detennine fire protection requirements. The preceding will be added as conditions of approval and the applicant will also be required to consult with the Fire Department to ensure compliance with fire protection requirements through the building pennit process for the addition. The structure is connected to the eight (8)-inch County sewer line within Puu Hina Street, however the proposed addition is not expected to generate any additional wastewater. Police, fire and medical services are located nearby in Hilo. All other utilities are available to the site. As previously stated, the applicant desires to retain the second story of the building and basement for residential uses. However, in 1986 the original applicant sought and was granted a change of use building pennit from single-family dwelling occupancy to a clinic -4- occupancy (B-2) for the entire building. Moreover, while the original Use Permit was granted to convert a portion of the existing dwelling into a clinic use, the 1998 amendment to the subject Use Permit designated the entire structure for medical clinic use. Based on the preceding factors, should the applicant wish to utilize any portion of the structure as a residence, as represented on the floor plans provided in the application, they will be required to obtain a change of use building permit from the Department of Public Works- Building Division for the portion of the building they wish to convert. Based on the preceding, the proposed amendments are not expected to unreasonably burden public agencies to provide additional infrastructure or services. The request is not contrary to Chapter 205A, Hawai'i Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area and is approximately 1.4 miles from the nearest shoreline; therefore, it will not be impacted by coastal hazards and beach erosion. There is no record of any designated public access to the shoreline or mountain areas that traverses the property. As the property has been developed for residential and clinic uses since the 1940's, the presence of endangered floral or faunal resources is unlikely. Additionally, no valued cultural, historical or natural resources exist 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 property. Additional governmental requirements may include the issuance of building pennits, 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. -5-