HomeMy WebLinkAbout93_003Stephen K. Yamashiro
Mayor
CERTIFIED MAIL
April 22, 1993
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PLANNING COMMISSION
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252
(808) 961.8288 Fax (808) 961-9615
Mr. George Yokoyama, Executive Director
Hawaii County Economic opportunity Council
34 Rainbow Drive
Hilo, HI 96720
Dear Mr. Yokoyama:
Change of Zone Application (REZ 92-23)
Use Permit No. 110
Applicant: Hawaii County Economic Opportunity Council
Requests: Open to A -la Zoning Designation and Construction and
Establishment of a Pre -School and Related Improvements
Tax Map Kev: 1-5-67:Portion of 35
The Planning Commission at its duly held public hearing on
April 15, 1993, reviewed and acted on the above applications for a
Change of Zone and approved Use Permit No. 110 for the described
property. The Commission voted to recommend the approval of the
Change of Zone application to the County Council and approved Use
Permit No. 110 to allow the construction and establishment of a
pre-school and related improvements. The project site is located at
the northwest (mauka-Hamakua) corner of the Puni Makai-Moana Street
intersection within the County Park in the Hawaiian Beaches
Subdivision, Waiakahiula, Puna, Hawaii.
Approval of the Change of Zone application is subject to the
following conditions:
A. The applicant, successors or assigns shall be responsible
for complying with all of the stated conditions of
approval.
B. Comply with the conditions of approval of the accompanying
Use Permit.
C. Comply with all other applicable laws, rules, regulations
and requirements.
QWM
Mr. George Yokoyama, Executive Director
April 22, 1993
Page 2
D. Should the Council adopt a Unified Impact Fees Ordinance
setting forth criteria for the imposition of exactions or
the assessment of impact fees, conditions included herein
shall be credited towards the requirements of the Unified
Impact Fees Ordinance.
E. Should any of the conditions within this ordinance not be
met or substantially complied with in a timely fashion, the
Director shall initiate rezoning of the area to its
original or more appropriate designation.
Approval of Use Permit No. 110 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. The establishment of a
preschool within the State Land Use Urban District (should the
accompanying change of zone request by approved) and the
County's Agricultural -zoned district may be permitted through
the granting of a Use Permit. The site is within an area
designated for Low Density Urban uses by the General Plan Land
Use Pattern Allocation Guide (LUPAG) map, which would allow for
uses which are single family residential in character, ancillary
community and public uses, and convenience -type commercial uses.
The proposed use would be consistent with the Low Density Urban
designation. Mindful of the type of services the applicant will
provide to residents within the region, 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" and to ". . encourage the
development and maintenance of communities meeting the needs of
its residents in balance with the physical and social
environment."
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. The proposed preschool
facility will accommodate approximately 100 children and 8 full
and part-time staff members during its operating hours of
7:00 a.m. to 5:00 p.m., Monday thru Friday. The subject
property presently accommodates a softball and football field,
basketball court, pavilion, volunteer fire engine garage,
comfort station and parking facilities. The subject property
has evolved into a focal point for community-based activities
and facilities. Therefore, the establishment of a pre-school
facility on the project site would further compliment the
service-oriented nature of the property. However, to ensure
Mr. George Yokoyama, Executive Director
April 22, 1993
Page 3
that any potential noise or visual impacts to surrounding
properties are adequately mitigated, appropriate landscaping
will be recommended as a condition of approval.
The granting of the proposed use will not adversely affect
similar or related existing uses within the surrounding area,
community or region. While pre-schools and day care facilities
are located within the region, none of these facilities are
known to accommodate any Head Start program, which would
accommodate children from qualifying low-income families.
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. Nor would the proposed use be materially
detrimental to the public welfare. Water is available to the
subject property. Water for fire fighting purposes will be
recommended as a condition of approval. Wastewater disposal
will be accommodated by a septic system.
Access to the project site are provided by County -maintained
roadways which provide adequate, two-way traffic to the area.
According to a traffic impact analysis report for the proposed
facility, "the proposed facility will add a moderate degree of
morning peak hour traffic which the existing roads are adequate
to handle. The impact from noon and afternoon traffic generated
will be negligible. The one way front entry loading area
eliminates the need for a left turn lane." The report's only
recommendation is to provide student crossing markings and
signage at the Puni Makai-Moana Street intersection. The
Department of Public Works had no objections to the proposed
change of zone. Signage and marking of area roadways are
recommended as a condition of approval.
Approval of Use Permit No. 110 is subject to the following
conditions:
1. The applicant, its successor or assigns shall be
responsible for complying with all stated conditions of
approval.
2. This Use Permit shall become effective upon the
effectuation of the accompanying change of zone.
3. Final Plan Approval of the proposed preschool facility
shall be secured from the Planning Department. Plans shall
identify existing and proposed structures, fire protection
measure(s) and parking stalls associated with the proposed
Mr. George Yokoyama, Executive Director
April 22, 1993
Page 4
use. Parking shall comply with the requirements of Chapter
25 (Zoning Code). Plans shall also indicate appropriate
landscaping for the purpose of mitigating any potential
noise and visual impacts to surrounding properties.
4. Construction of the proposed preschool facility shall be
completed and a certificate of occupancy issued within
five years from the effective date of the Use Permit.
5. Driveway accesses to Puni Makai and Moana Streets shall
meet with the approval of the Department of Public Works.
Appropriate signage and roadway markings shall be provided
by the applicant prior to the issuance of a certificate of
occupancy for the preschool facility. "
6. Comply with all other laws, rules, regulations and
requirements.
7. Upon compliance with all conditions of approval, in
conjunction with the application for a certificate of
occupancy and prior to the opening of the pre-school, the
applicant shall provide, in writing, a final status report
to the Planning Department.
8. An extension of time for the performance of conditions
within the permit may be granted by the Planning Director
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.
The Change of Zone recommendation and the approval of Use Permit
No. 110 do not, however, sanction the specific plans submitted with
the applications as they may be subject to change given specific code
and regulatory requirements of the affected agencies.
Mr. George Yokoyama, Executive Director
April 22, 1993
Page 5
Should you have any questions regarding the above, please feel free
to contact Rodney Nakano or Daryn Arai of the Planning Department at
961-8288.
Sincerely,
Donald L. Manalili, Chairman
Planning Commission
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xc: Honorable Stephen K. Yamashiro, Mayor
Planning Director
Department of Public Works
Department of Water Supply
Plan Approval Section