HomeMy WebLinkAbout86_006CERTIFIED MAIL
Noverber 5, 1966
Dr. Robert Laird
75-5009 Alii Drive
kailua-Fona, F.I 96740
Dear Dr. Laird:
Special Management Area (SMA) Use Permit
and Use Permit Applications
Tax trap Rey: 7-5-18:40
The Planning Coamission at its meeting on October 28, 1966,
voted to approve your application, SEA Use Permit No. 246 and Use
Permit Fb. 43, to allow the construction of a r:,edical office
building and related improvements at Viaiaha 2nd, North Rona, Hawaii.
Approval of these requests are based on the following:
SMA Use Permit
The approval of the proposed medical office development with
parking and landscaping improvements will not be violative of the
objectives and policies stated in Chapter 205-A, FRS, nor with the
intent of Rule No. 9 of the Planning Commission relating to Special
Vanagerent Area.
The purpose of Chapter 205-A, ERS and Rule No. 9 is to preserve,
protect and, where possible, to restore the natural resources of the
coastal zone areas. As a result, special controls on development
may be necessary to avoid irretrievable loss of the valuable
resources and the foreclosure of management options. No known rare
or endangered species of plant or animal have been identified in
tH s vicinity. Also, the project is located over 1,200 feet fron
the shoreline and should have minimal impacts to the coastal
ecosystem. The combination of on-site drywells, landscaping, and
proposed cesspool for sewage disposal will effectively inhibit
erosion, water runoff and potential pollutants into the offshore
waters of Railua.
Any impacts to the historical or archaeological resources of the
area have been satisfactorily considered. Although no survey of the
Dr. Robert Laird
November 51 1986
Page 2
property has been done, the extent of the existing commercial and
residential development and the lack of any known or recorded
historical or archaeological resources have satisfied these concerns
for this parcel. However, with the possibility that historical or
archaeological remains may be uncovered during construction, the
applicant will be required to cease work and notify the Planning
Department, should any sites or remains be uncovered. Further, work
shall begin only after mitigating measures have been taken. A
condition of approval concerning this matter shall be imposed.
There are no major identified scenic resources, and vie planes
from or around the subject property. The two-story structure will
not exceed the maximum allowable height of 35 feet. moreover, the
generally level topography with the perimeter landscaping of the
proposed structure will alleviate the visual and structural impact
of this low -profile building.
The limited open space resources will be retained by the
extensive landscaping of the subject property. The landscaping
requirerent shall be made as a condition of approval.
Public accesses along the shoreline will not be affected because
of the project's considerable distance from the coastal waters. Nor
will the development interfere with any publicly -owned or used
recreational areas.
No adverse impacts on the air and water quality are expected to
be generated by the proposed medical office development. Air
emissions generated during the construction phases can be mitigated
through the application of existing construction practice
regulations.
The two story, approximately 25 -foot high medical office with
related amenities is consistent with the Zoning Code and the General
Plan, both of which permit such uses. However, the proposed parking
design will need to comply with the Zoning Code's minimum parking
requirements. This can also be handled through a condition of
approval.
Based on the above, it has been determined that the proposed
development will not have any substantial adverse impacts on the
surrounding area nor will its approval be inconsistent with the
General Plan and Zoning Code or contrary to the objectives and
policies of Chapter 205A, ERS, relating to Coastal Zone Management
and Rule No. 9 of the Planning Commission relating to Special
Management Area.
Dr. Robert Laird
November 51 1986
Page 3
Use Permit
The granting of the proposed use will be consistent with the
general purpose of the zoned district, the intent and purpose of the
Zoning Code, and the County General Plan. The establishment of a
medical office situated in the County's Double -Family Residential
zone district may be permitted through the granting of a Use
Permit.It should be further noted that the goals of the Land Use
element of the General Plan states to 'Designate and allocate land
uses in appropriate proportions and in keeping with the social,
cultural, and physical environments of the County.• It is felt that
the granting of the request at its particular location will still
maintain the present residential/commercial environment of this area
of Kailua. The property is bounded on the east by a commercial
office complex and on the west and south by the existing
double -family residential development.
All essential utilities and services are available to the
property, so the granting of this request will also be in the
direction of fulfilling the land use policy of the General Plan
which states to promote and encourage the utilization of urban areas
which are serviced by basic community facilities and utilities. As
such, from an impact standpoint, the introduction of this new
medical office will not have any major physical, cultural or social
impacts on this area.
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. As stated
previously, the establishment of the new medical office will consist
of a two-story, 25 -foot high building with adequate setbacks and
perimeter landscaping. The office hours will only be during
daylight hours. While the establishment of the new medical office
may have some impact on the adjacent lands, the impacts should be
minimal or none at all. The subject property, which consists of
10,525 square feet of land area, and the location of the proposed
structure on the east side of the property provides adequate buffers
between the.adjacent properties. Also as a condition of approval, a
new parking area shall be required to be provided for the new use.
The granting of the proposed use will not unreasonably burden
public agencies to provide roads and streets, sewer, water,
drainage, schools, police 'and fire protection and other related
infrastructure. The property is provided with all essential
utilities and services. The traffic in the area is expected to
increase. However, Lunapule Road which serves as access to the
subject property is a two-lane roadway with a right-of-way width of
E
e
Dr. Robert Laird
November 5, 1966
Page 4
40 feet and a 20 -foot wide pavement. This roadway will be able to
handle the increase of traffic in this area. As such, while traffic
in the area may increase,`it is expected to be quite negligible in
terms of the overall traffic flow: Additionaily, the petitioner
will be improving the frontage of the property with curb/gutter and
sidewalk improvements in accordance with the requirements of the
Department of Public Works.
Approval of the SMA Use Permit and Use Permit requests are
subject to the following conditions:
1. The petitioner, successors, or assigns shall be responsible
for complying with all of the stated conditions of approval.
2. Plans for final plan approval, including landscaping and a
parking plan, shall be submitted within one year from the
effective date of approval of the SMA Use Permit and Use
Permit. The landscaping plan shall include heavy
landscaping around the perimeter of the property. The
parking plan shall comply with the Zoning Code's
requirements relative to minimum dimension and compact
requirements. No variances from the parking requirements
shall be considered for this development.
3. Construction shall commence within one year from the date
of receipt of final plan approval and be completed within
two years thereafter.
4. The medical facility will be restricted to two doctors and
the necessary staff. The hours of operation shall be
limited to be between 8:OC A.M. to 7:00 P.M., from Monday
to Saturday, with the exception of after hours emergency
service.
5. Plans for the curb, gutter, and sidewalk improvements shall
be submitted to the Department of Public Works for review
and approval. Final plan approval of the proposed facility
shall not be granted until these plans have been approved
by the Department of Public Works and a copy submitted to
the Planning Director. These improvements shall be
installed and completed prior to any issuance of the
certificate of occupancy.
6. 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 Planning Departrent
immediately notified. subsequent work shall proceed upon
Dr. Robert Laird
November 5, 1486
Page,5
an archaeological clearance from the Planning Department,
when it finds that sufficient mitigative measures have been
taken.
7. Comply with all other applicable state and county rules,
regulations and requirements.
8. The Planning Director nay administratively grant extensions
to the foregoing time conditions. Further, should the
Director determine that any of the conditions have not been
met or substantially complied with in a timely fashion, the
Director shall initiate procedures to nullify the permits.
Please feel free to contact the Planning Department if there are
any questions on this matter.
Sincerely,
Barbara A. Koi
Chairperson, Planning Commission
cc: DPED, CZM Program w/background
DLNR
Department of Public Works
Department of dater Supply
County Real Property Tax Division
Fawaii County Services, Deputy Managing Director's Office
bcc: Plan Approval Section