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25 Aupuni Street, Rm. 109 • Hilo, Hawaii 96720 • (808) 961-8288
CERTIFIED MAIL
Ms. Gladys Mann
75-5771 Poni Place
96740
Kailua-Rona, HI
Dear Ms. Mann:
use Permit Application
TMK: 7-5-26.44
:
Bernard K Akana
Mayor
January 31, 1990
The Planning Commission at a duly advertised public hearing on
January 18, 1990, considered your request for a Use Permit to allow
the establishment of a massage office within an existing single
family dwelling on 9,935 square feet of land situated within the
Unplanned (U) zoned district at the east side of Queen Kaahumanu
Highway and at the end of Poni Place, Kona Heights subdivision,
Hienaloli 5th, North Kona, Hawaii.
The Commission voted to deny the Use Permit based on the
following findings:
The granting of the proposed use will not be consistent
with the County General Plan, the intent and purpose of the
Zoning Code, and the general purpose of the zoned district. The
General Plan Land Use Pattern Allocation Guide (LUPAG) Map
designates the area as Orchards/Alternate Urban Expansion. In
this case, it is felt that the LUPAG Map designation is
appropriately placed because of the potential for urbanization
via non -conforming subdivisions. However, the pattern of
urbanization is critical and must be reviewed in the context of
the applicable policies, goals, and standards of the General
Plan and regional plans.
The proposed use would be contrary to the goals in the Land
Use Element of the General Plan which read Designate and
allocate land uses in appropriate proportionsand in keeof ping
with the social, cultural, and physical
JPN311990
2
r
Ms. Gladys Mann
January 31, 1990
Page 2
County" and "To ensure compatible uses within and adjacent to
single-family residential . . . areas." The subject property is
within the non -conforming Kona Heights Subdivision, which is
located in the vicinity of the Nani Kailua Subdivision and the
"The Pines" residential development. The massage facility would
be located off of Poni Place which is a cul-de-sac and would
create an incompatible situation for existing and future
dwellings located in this confined location. Approval of the
request would also tend to encourage similar uses within this
vicinity. A massage office is viewed as a commercial
establishment and should be examined against the Commercial
subsection of the Land Use Element of the General Plan, which
Policy and Courses of Action for Kona state "Distribution of
commercial areas shall be such as to best meet the demands of
neighborhood, community and regional needs" and "Centralize
commercial activities in existing urban centers." Granting of
this request would be contrary to these statements in the
General. Plan by placing a service -related business in a
non -conforming residential subdivision that would encourage
commercial strip development along the highway rather than
encourage the containments of commercial uses within existing
commercial areas such as Kailua, Keauhou, and the node along
Kuakini Highway by NAPA Auto Center. Furthermore, a
neighborhood commercial area was recently zoned within the Taiyo
Hawaii "Pines" development to provide a convenience shopping
area. The subject property or requested use does not in and of
itself fulfill a neighborhood need or convenience that could not
be met at a more suitable location.
The proposed office use would be inconsistent with the
intent and purpose of the Zoning Code. The Use Permit section
of the Zoning Code sets a minimum lot size standard of 10,000
square feet for RS, RD, RA, and RM districts. The subject
property, although zoned Unplanned, does not meet this
10,000 -square foot standard. The intent of such a requirement
was to allow for sufficient area for a development including
parking, landscaping, and setbacks.
The granting of the proposed use will adversely affect
existing uses within the surrounding area. As mentioned
previously, Kona Heights and the adjacent Nani Kailua
Subdivisions are essentially residential subdivisions. Poni
Place provides access to four lots including the subject
property. Because of the cul-de-sac and the Queen Kaahumanu
Highway, the area is confined and limited. Two units are
Ms. Gladys Mann
January 31, 1990
Page 3
presently under construction on Poni Place. Two parcels are
presently vacant. The introduction of a massage facility in
this particular location would result in potential conflicts
with the residential climate.
The granting of the proposed use will burden the roadway
system. The subject property gains access from Queen Kaahumanu
Highway onto Poni Place. Queen Kaahumanu Highway is an arterial
two-lane highway with a posted speed limit of 45 miles per
hour. The applicant has concluded that the traffic impact from
the proposed use is negligible. This conclusion is based upon
current traffic flow and a projected increase in traffic volume
of 3 percent to 5 percent at various hours of the day. The
traffic analysis, however, did not account for the purpose of
the highway being a high-speed arterial. Increased turning
movements at a minor street intersection would create an
undesirable traffic situation which would be more appropriate at
a channeliged or signalized intersection as recommended by the
Department of Public Works. A goal of the Transportation
Element of the General Plan is to provide a system of
thoroughfares and streets for the safe, efficient, and
comfortable movement of people and goods between and within the
various sections of the County. The establishment of a massage
office would set a precedent at this location contradictory to
the above -stated goal.
Based upon the above, it is determined that the
establishment of a massage office is a use of land which would
not be consistent with the purpose of the Hawaii County General
Plan and Zoning Code; would cause substantial adverse impact to
surrounding properties and the character of the area; would
adversely affect existing and future residential uses within the
surrounding area; would unreasonably burden the transportation
system and, therefore, should be denied.
A denial by the Commission of the desired use shall be
appealable to the Board of Appeals within thirty (30) days of
receipt of this letter and shall be made pursuant to the Board's
Rules of Practice and Procedure.
Should there be further questions on this matter, please feel
free to contact the Planning Department at 961-8288.
Sincerely,
Fred Y. Fujimoto
Chairman, Planning Commission
xc: Corporation Counsel
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