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Home My WebLink About89_005CERTIFIED MAIL july 25, 1989 Dr. Michael W. Longo 670 Ponahawai Street, Suite 217 Hilo, R! 96720 Dear Dr. Longo, Use PerMit Application MK: 2-2-26:34 The Planning Commission at a duly advertised public rearing oil July 18, 1989, considered your request for a Use Permit to allow the establishrent of a chiropractic office within a new building on 28,967 severe feet of land situated within the Single Family Pesidential - 10,000 square foot (RS -10) zoned district along the WeSt Side Of Vilallea Avenue and one lot away (120 feet) in the Hamakup Oirection from the Kilauea Avenue-Kawili Street intersection, WNW, South Hilo, Hawaii. The Commission voted to deny the Use Permit based an the following findings: The applicant has requested the construction cif a new 2,300 -square foot office building with parking and landscaping to accommodate one doctor and four Staff. Approximately 45 patients would he treated per day between the hours of 8:00 a.m. and 6:00 p.mThe granting of this request will not be consistent with the general purpose of the single family residential zoned district, the intent and purpose of the Zoning Code, and the County General Plan. The purpose of the single family residential zoned district is to provide for low density residential areas for urban and suburban family life. This particular area of Hilo is characterized by established single family dwellings on the north, south, and west sides of the property. The property to the east is zoned Open and is used IbY jut 2 i5 Dr. MIChael. W. Longo .ally 25, 1989 Page x a-§ State Wartm nt of Land anO ° rn'`tUr€ l eources Porezotry DiV.iSion as an arboretum. Tho eotablt,wr:ment of za. doCtoryS Officc servicing r'a projected .IeVel Of 45 patients ea dray. would, adversely affect these residential and i!l'en space activities through increazed traffic, Boise, and related commercial activities associated with an Office. The General. Plan Land Use: Pattern All. scat♦ion Guide (I:t7 AGI Map € designation CT edjUyf Density € rban i, a F.}veifi.?plitent May allow residential and commercial uses. awr€sev_r, the PrOPC+W use MUSt also be reviewed aqainst all Of the Wlie~t..le Policies, 90a.ls, and standards of the General l P eft'.. A goal of the General Plan for single family residential development is "To ensure compatible uses within and adjacent tn single-family residential zoned areas." AS mentioned previously, the subject property is located in a residential arra characterized scterized tJ older e tabii shed dwellings. A Medical office is a commercial use which is ordinarily permitted within 1 a cOmMer.cially zoned district because of the ircrea0e in vehicular and pedestrian traffic over that of residential flee.. The ' applicant cite8 various y'ommereiai. i}ffiire ;'.eevelF.ii?s?ifdtlts that have t`:tien aisgprov d recently. These include a c ange of r, C.ow frO S-10 to CN -10 on the cornerof Karana Street and Kinoole Street (°n}'T`3saf`"rre/ arloc^ker) and osePermits for -,a'edit;'&.. and gents offices along Kinooie Street. 1`t`ese are all located Over 1/2 mile awaY tOWards downtown Hilo and within an area designated d fo High Density Ur- ap Development by the General 4.la < The <"i €-t�,er referenced Use ea prs it was �'1 chiropractic CisEice (Min) n) a`Os..lt.. 0.8 £iS� aOttry in the Puna direction which wa denied by the £"iann nq Comz,'i.`.fSion butapproved . h the ':f Appeals. Approval of this request could lead to similar future requests and would encourage scattreration of commercial dev€;?Capment:. along Xilauea Avenin This request represents a type of development Y✓hicD :utlt'".;12l tivoly wil,.lhave negative impacts on the rosidentia! quality of the area. This e al is further based d on the General Plan policy for commercial f"ovei°'"pment that OEXisti ; strip development ti. al.l be converteO to more appropriate °use, when and where: it is feasible," A Hilo Community Development Plan (CDP) policy for future commercial development is t»O "reinforce the existing commerciaal structure by encouraging it to fill in to become a linear but llNfi:=f", City Center, rather than further disassemble to other parts of Hilo." The exiting commercial structure referred to was originally comprised of Downtown, Kaiko°o Malls and the Hilo Shopping Center. the approval of a regional Fir. Michael W. Longo July 29, 1989 Page 3 shopping center in 1982 led to the inclusion of the Prince Kubio Plazas as another center of commercial development. The request is for a chiropractic office, a regional type of service which is intendeO to serve the population: at large rather than the local neighborhood. The applicant has not demonstrated that there is a localizes: need for this type of service along this section of Kilauea ?;+fG'nue. It is believed that the requested use could more appropriately to accommodated within the existing commercial structure of Kilo. The granting of the proposed use will bedetrimental t. C7 the public welfare and Pad cause adverse impact to the community. The proposal is to construct a new 2,311G -square foot building which would accommodate one doctor and `our staff treating approximately uj patients a fdaay. This represents c significant increase in activity for the localized site. Such intensity t=ranula not , be conducive to the existing residential setting. Furthermore, the Department of Public Works has stated that Kilauea Avenue serves as an arterial that moves traffic from the outlying residential areas to town. if the roadway is used for commercial access, the numerous turning movements that will be generated 'ted mai:s the roadway one continuous intersection. These a.tisParat': uses do not mix well. Thus, approval of the use permit at this particular location where few commercial ries have been established would increase the turning movements along this regional arterial, thereby, creating detrimental public safety and welfare concerns. The granting of the proposed use will adversely affect ;similar or related existing uses within the surrounding area, ces:rsUnity or region, As stated above, approval of this request Mould not be supportive of the misting commercialareasof Kilo as called for in the General plan and the Hilo Community Development Plan. Moreover, the size and expected intensity of the:; proposed use would create certain nuisances (i.e. noise) which, would be out of character or this residential community. The granting of the proposed medical office use will unreasonE,abl, burden public agencies to provide an efficient and safe transportation system. The establishment of a medical Office along Kilauea Avenue at this particular location would burden the "functional" use of the arterial by the generation of ninerOus turning movements at the proposed driveway access. The Department of Public Works has repeatedly stated that commercialization along Kilauea Avenue would impair this Dr, Michael W Longo July 25, 1989 Page 4 transportation artery. Th_+.. € oncern is further substantiated by the Police epa rtrnen ho concludes ` t t the development would have an adverse effect on traffic in the area.." Even if the proposed driveway were roves away from the Kilauea Aven.Ue%fii;G71..?,i Street intersection, one must review the request in terms of long—term transportation impacts. It is felt that this approval would burden public agencies to provide an efficient and safe transportation system. nas d on the C5Z`egoi,g'ge it is „ix'i'€v?'Crineo that this request 1.s inconsistent with the intent of the Zoning v..,+rde and General Plan; will be detrimental to the p1,blic welfare and Cause adverse impact to the surrounding residential properties; will adversely affect e fisting C'J"`ii+erci.al and residential aceswithin the community; and may burden the current public roadway systen, 4'..usinq an inC.tF?as`:,e, ..n police service to the area. A denial by the Commission of the desired use shall be appealable to the Board of Appeals within thirty (30) days after receipt of this letter and s}11 bemade pursuant to the Board's Rules of Practice and Procedore, Shoule there be further questions on this ma.'terf please" feel free to contact the Planning De'part. ent at 961-8288. a t s� s Gary Wuno i r`'<r Chairman, Planning Commission xc: Gerard Lee Loyf Esq. Mr. Robert Oliver Corporation counsel bee: Plan Approval Section