HomeMy WebLinkAbout90_0034o�ptr ac Newt' Larry S. Tanumtc
Planning Commission Mayor
25 Aupuni Street, Rm. 109 • Hilo, Hawaii 96720 • (808) 961-8288
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CERTIFIED MAIL
June 4, 1990
Mitchell and Joanne Fujisaka
75-236 Aloha Kona Drive
Kailua-Kona, HI 96740
Dear Mr. and Mrs. Fujisaka:
Use Permit Application
Tax Map Key: 7-5-23:6
The Planning Commission at its duly held public hearing on
May 24, 1990, voted to approve your application, Use Permit No. 76,
to allow the establishment of group child care services within an
existing single family dwelling on a 7,500 square foot lot within
the Unplanned (U) district, at Hienaloli, North Kona, Hawaii.
Approval of this request is based on the following:
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 group child care center on a property
designated "Urban" by the State Land Use Commission and situated
within the County's Unplanned (U) zoned district may be
permitted through the granting of a Use Permit. The Land Use
Element of the General Plan states as a goal to "Designate and
allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of
the County." The granting of this request will still maintain
the present environment of this area of Kailua. The property is
located in close proximity to the commercial core of Kailua and
establishing a group child care center at this site would
provide an essential and convenient service to those employed
within the Kailua Village area. Therefore, the granting of this
request would also be in the direction of fulfilling a policy of
the General Plan in which "The County shall encourage the
development and maintenance of communities meeting the needs of
Mitchell and Joanne Fujisaka
June 4, 1990
Page 2
its residents in balance with the physical and social
environment."
The proposed use will not be materially detrimental to the
public welfare nor cause substantial adverse impact to the
communty's character or to surrounding properties. The location
of the center within the lower level of the existing dwelling
and the number of children that would be accommodated by this
service would preclude any major impact to the residential
character of this community or to surrounding properties.
The granting of the proposed use will not adversely affect
similar or related existing uses within the surrounding area,
community or region. While child care services are available in
the region, the small number of children to be accommodated by
the proposed center is not expected to adversely affect those
services.
The small scale of this group child care center 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. Access to
the site is from Aloha Kona Drive which has a pavement width of
18 feet and shoulder width of approximately 5 feet; therefore,
the applicants will be required to provide an on-site location
for loading/unloading purposes.
Approval of this request is subject to the following conditions:
1. The applicants, successors, or assigns shall comply with
all of the stated conditions of approval.
2. Final Plan Approval for the proposed development and
related improvements shall be secured from the Planning
Department within one year from the effective date of the
permit. Plans shall identify on-site parking and drop-off
area. To assure adequate time for plan approval review and
in accordance with Chapter 25-244 (Zoning Code), plans
shall be submitted a minimum of forty-five days prior to
the date by which plan approval must be secured.
3. Building permit(s) for the renovation of the lower level of
the existing dwelling to allow a change in occupancy shall
be secured within one year from the date of receipt of
Mitchell and Joanne Fujisaka
June 4, 1990
Page 3
Final Plan Approval and be completed (certificate of
occupancy) within one year thereafter;
4. Access and drainage shall comply with the approval of the
Department of Public Works.
5. The group child care center will be restricted to no more
than twelve children. The hours of operation shall be
between 6:30 a.m. and 4:30 p.m., Monday through Friday.
6. Comply with all other applicable laws, rules, regulations,
and requirements.
7. An annual progress report shall be submitted to the
Planning Director prior to the anniversary date of the
approval of the permits. The report shall include, but not
be limited to, the status of the development and to what
extent the conditions of approval are being complied with.
This condition shall remain in effect until all of the
conditions of approval have been complied with and the
Planning Director acknowledges that further reports are not
required.
8. An extension of time for the performance of conditions
within the permit may be granted by the Planning Director
upon the following circumstances: 1) the non-performance
is the result of conditions that could not have been
foreseen or are beyond the control of the applicants,
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; and
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). Further, should any of the
conditions not be met or substantially complied with in a
timely fashion, the Director shall 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.
Mitchell and Joanne Fujisaka
June 4, 1990
Page 4
Please feel free to contact the Planning Department if there are
any questions on this matter.
Sincerely,
r <�
Fred Y. Fujimoto
Chairman, Planning Commission
xc: Department of Public Works
Department of Water Supply
County Real Property Tax Division
Planning Office - Kona
Department of Health
boc: Plan Approval Sec+ion