HomeMy WebLinkAbout92_0071 f ' 1 ' 1 ':
25 Aupuni Street, Rm. 109 • Hilo, Hawaii 96720 • (808) 961-8288
CERTIFIED MAIL
Dr. Brian Bussani"ch
345 Kekuanaoa Avenue, #42
Hilo, HI 96720
Dear Dr. Bussanich:
Lorraine R. Inouye
Mayor
August 27, 1992
Use Permit Application (UP 92-7)
Applicant: Hilo Rehabilitation and Sports Medicine
Request: Rehabilitation and Physical Therapy Facility
Tax Man Key: -2-2-37:40
The Planning Commission at its duly held public hearing on
August 20, f992, voted to approve your application, Use Permit
No. 104, to allow the establishment of a rehabilitation and physical
therapy facility and related improvements on 22,192± square feet of
land situated within the County's Single -Family Residential (RS)
zoned district. The property is located on the southeastern corner
of Kekuanaoa Street-Kalanikoa Street intersection, Waiakea
Houselots, South Hilo, Hawaii.
Approval of this request is based on the following:
The granting of this request will be consistent with the
general purpose of the zoned district, the intent and purpose of
the Zoning Code and the County General Plan and the Hilo
Community Development Plan. The establishment of a
rehabilitation/physical therapy office on a property within the
State Land Use Urban District and the County's Single Family
Residential -zoned district may be permitted through the granting
of a Use Permit. The site is within an area designated for
Single Family Residential (RS -10) uses by the Hilo Community
Development Plan and Industrial by the General Plan Land Use
Pattern Allocation Guide (LUPAG) map. It should be noted that
the County Council, through Resolution No. 317-91, requested
that the Planning Director conduct a feasibility study of the
Waiakea Houselots area, within which the subject property is
located, to examine the appropriateness of a proposed change to
the LUPAG map from a Medium Density Urban and Industrial to a
Low Density Urban designation. As a result of this analysis,
,AUG 2 7 1
Dr. Brian Bussanich
September 1, 1992
Page 2
the Director had concluded that the redesignation of that
portion of the Waiakea Houselots from Medium Density Urban and
Industrial to Low Density Urban would be an appropriate land use
pattern for the area. Such a designation would restrict uses to
single family residential, convenience -type commercial and
ancillary and public uses provided the applicable goals,
policies and standards of the General Plan are met. The
proposed use would be consistent with a Low Density Urban
designation, should the LUPAG Map be amended, by providing a
convenience -type of commercial activity which would service the
residents of Waiakea Houselots. Mindful of the type of service
to the area's residents, the proposed use will complement the
Land Use Element of the General Plan 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 desired use will not be materially detrimental to the
Public welfare nor cause substantial adverse impact to the
community's character or surrounding properties. While areas to
the north, south and west are firmly established in residential
uses, its location at the corner of Kekuanaoa and Kalanikoa
Streets places it in close proximity to industrial/commercial
uses located along Kanoelehua Avenue. Aloha Petroleum operates
a gas station opposite the subject property to the northeast
while the offices of Tracy Lewis Real Estate are located
approximately 250 feet to the northeast along Kanoelehua
Avenue. While an amendment to the LUPAG Map from Industrial to
Low Density Urban for that portion of Waiakea Houselots from the
subject property's eastern boundary going west is being
contemplated, the LUPAG Map still depicts those parcels located
along Kanoelehua Avenue adjacent to the east of the subject
property for Industrial uses. Therefore, the proposed use would
provide a "transitional" use between the more intensive
industrial uses along Kanoelehua Avenue and the single family
residential uses within Waiakea Houselots. As proposed by the
applicant to address potential impacts to traffic along
Kekuanaoa Street, we are recommending that traffic entering and
leaving the project site from Kekuanaoa Street be limited to
right -turn in and right -turn out. These limitations on ingress,
egress and turning movements will provide for the optimum flow
of traffic to and from the subject property.
The granting of the proposed use will not adversely affect
similar or related existing uses within the surrounding area,
community or region. This type of service may be allowed within
Dr. Brian Bussanich
September 1, 1992
Page 3
residential -zoned areas through the issuance of a Use Permit.
The granting of this request is not expected to adversely affect
the intergrity of the commercial areas of Hilo nor other
rehabilitation/physical therapy offices within the region.
The desired use will not unreasonably burden public
agencies to provide roads and streets, sewers, water, drainage,
school improvements, police and fire protection, and other
related infrastructure, provided improvements required under
these recommended conditions of approval are implemented. Water
is available to the subject property. Kekuanaoa Street has a
right-of-way of 40 feet. A 10 -foot future road -widening strip
is located along the property's Kekuanaoa Street frontage to -
allow for the future widening of Kekuanaoa Street to a 60 -foot
wide right-of-way, a minimum standard width for commercial
roadways. It is recommended, however, that the applicant
provide curb, gutter and sidewalk improvements along the
property's entire Kekuanaoa and Kalanikoa Street frontages,
among other improvements, within three years from the date of
issuance of a certificate of occupancy for the proposed facility
in a manner meeting with the approval of the Department of
Public Works.
Approval of this request is subject to the following conditions:
1. The applicant, it successors or assigns shall be
responsible for complying with all stated conditions of
approval. '
Final Plan Approval of the proposed rehabilitation and
Physical therapy facility shall be secured from the
Planning Department within one year from the effective date
of this permit. 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. Plans
shall identify existing and proposed structures,
landscaping, and parking stalls associated with the
proposed use. Parking shall comply with the requirements
of Chapter 25 (Zoning Code). Appropriate landscaping shall
be provided for the purpose of mitigating any adverse
visual or noise impacts to surrounding properties.
Dr. Brian Bussanich
September 1, 1992
Page 4
Construction of the rehabilitation/physical therapy
facility shall commence within one year from the date of
receipt of Final Plan Approval and shall be completed
within two years thereafter.
4. Use of the rehabilitation/physical therapy facility shall
be limited to a maximum of two physical therapists and
staff.
Access to the subject property shall meet with the approval
of the Department of Public Works. Ingress and egress from
Kekuanaoa Street shall be limited to right -turns in and
right -turns out. Appropriate signage indicating these
restricted turning movements shall be installed by the
applicant prior to the issuance of a certificate of
occupancy for the proposed facility.
The applicant shall provide curb, gutter and sidewalk
improvements along the subject property's entire Kekuanaoa
and Kalanikoa Street frontages in a manner meeting with the
approval of the Department of Public Works, within
three (3) years from the date of issuance of a certificate
of occupancy for the proposed facility. This condition
shall not restrict the applicant from providing those
improvements beyond the property's Kekuanaoa and Kalanikoa
Street frontages that are deemed necessary for the proper
installation of the above-mentioned improvements.
7. Drainage improvements, if required, shall meet with the
approval of the Department of Public Works.
8. Comply with all other laws, rules, regulations and
requirements.
An annual progress report shall be submitted to the
Planning Director prior to the anniversary date of the
approval of the permit. 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.
10. An extension of time for the performance of conditions
within the permit may be granted by the Planning Director
Dr. Brian Bussanich
September 1, 1992
Page 5
upon the following circumstances: a) the non-performance
is the result of conditions that could not have been
foreseen or are beyond the control of the applicant,
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.
Please feel free to contact the Planning Department if there are
any questions on this matter.
Sincerely,
( Dennis R. Holt, Vice Chairman
Planning Commission
7626d
jdk
xc: Carpenter & Carpenter
Department of Public Works
Department of Water Supply
County Real Property Tax Division
Mayor
Planning Director
Plan Approval Section
Connie