HomeMy WebLinkAbout93_011Stephen K.Yamashiro
Mayor
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PLANNING COMMISSION
25 Aupuni Street,Room 109 .Hila,Hawaii 96720.4252
(808)961·8288 Fax (808)961·9615
CERTIFIED MAIL
November 26,1993
Mr.Thomas L.H.Yeh
Menezes,Tsukazaki,Yeh &Moore
100 Pauahi street,suite 204
Hilo,HI 96720
Dear Mr.Yeh:
Use Permit Application (USE 93-11)
Applicant:Hilo Medical Investors,Ltd.
Request:Long-Term Intermediate Care and Skilled
Nursing Facility
Tax Map Key:2-3-3l:Portion of 1 and 2-3-32:Portion of 1
The Planning Commission at its duly held public hearing on
November 18,1993,voted to approve the above-referenced application.
Use Permit No.117 is hereby issued to establish a Long Term
Intermediate Care and Skilled Nursing Facility on approximately
9.173 acres of land situated in the single Family Residential (RS-lO)
District.The project will be located on Waianuenue Avenue across
from the Hilo Hospital,Piihonua,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.The establishment
of a long-term intermediate care and skilled nursing facility on
a parcel located 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 project
site is located within an area designated for Single Family
Residential-lO,OOO square feet (RS-10)by the Hilo community
Development Plan and Low Density Urban by the General Plan Land
Use Pattern Allocation Guide (LUPAG)Map.The General Plan
LUPAG Map designation of Low Density Urban would allow for uses
which are single family residential in character,ancillary
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NOV 26 1993
Mr.Thomas L.H.Yeh
November 26,1993
Page 2
community and pUblic uses,and convenience-type commercial uses.
Therefore,the proposed use would be consistent with the Low
Density Urban designation.Mindful of the type of service the
applicant will provide to residents of East Hawaii,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."(emphasis added)
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.On the
contrary,the proposed long-term intermediate care and skilled
nursing facility will be a benefit tb the general pUblic
welfare.According to the applicant's environmental assessment,
the need for a such a facility is most critical in East Hawaii.
The wait list at the existing Life Care Center in waiakea was
98 patients according to a survey conducted on August 7,1992.
The environmental assessment also projected an island-wide need
for long-term care for 1994 as 703 beds with an existing supply
of 521 beds.The proposed 120-bed long-term intermediate care
and skilled nursing facility will help alleviate the projected
deficit of 182 beds.
While single family residential homesites and vacant lands
are located adjacent to or in the immediate vicinity of the
project site,the predominant use within the area are the
institutional uses established by the Hila Hospital,Hilo
Medical Group complex and other institutional facilities located
directly opposite of the project site along Waianuenue Avenue.
Therefore,the proposed facility will complement the existing
institutional character of the surrounding area.By the very
nature of the proposed use,adverse noise impacts to surrounding
properties are not anticipated.However,to ensure the
surrounding single family residential dwellings and potential
single family residential lots located on lands zoned RS-10 are
not adversely affected by any potential noise and visual impacts
associated with the proposed facility,it is recommended that
appropriate landscaping be provided along the northeastern,
eastern and western boundaries of the project site.
The granting of the proposed use will not adversely affect
similar or related existing uses within the surrounding area,
community or region.As previously mentioned,a shortage of
intermediate care beds within the East Hawaii area will be,for
(
Mr.Thomas L.H.Yeh
November 26,1993
Page 3
the most part,alleviated.The effect of establishing such a
long-term intermediate care and skilled nursing facility within
the East Hawaii region will only stand to benefit its residents
while relieving pressures on existing facilities to accommodate
the demand for intermediate care beds which has demonstratively
out-paced supply.
Finally,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.Water and roads systems are
adequate for to accommodate the project.A traffic assessment
report of the proposed facility concluded that no adverse
impacts to traffic along Waianuenue Avenue is anticipated and
that traffic movement-related improvements to Waianuenue Avenue,
such as storage lanes,are not recommended.As recommended by
the Department of Public Works,a flood study of the project
site shall be prepared prior to the construction of any
improvements and that pavement widening,curbs,gutters and
sidewalk improvement be provided along the project site's
Waianuenue Avenue frontage.The County recognizes that curb,
gutter and sidewalk improvements are not provided along this
portion of Waianuenue Avenue in the vicinity of the project site
and fronting the other health care facilities within the area.
The provision of such basic infrastructural improvements have
been consistently sought by the Planning commission for similar
uses approved through the issuance of a Use Permit.To defer
such improvements for an extended period of time would be
contrary to the findings of the Commission that the proposed use
will not unreasonably burden pUblic agencies to provide roads
and street improvements.However,the applicant may seek to
establish a Improvement District or the effectuation of an
agreement together with the appropriate bond,surety or other
security deemed acceptable by the Planning Director or County
council,whichever is applicable,to ensure the provision of
these necessary infrastructural improvements to support the
proposed development in a timely manner.
The applicant proposes the construction of an open-lined
drainage channel to accommodate flows within the existing flood
plain which transects the project site.As recommended by the
Department of Public Works,a flood study shall be prepared by
the applicant for the review and approval of the Department of
Public Works.Improvements to the flood plain shall be provided
in conformance with the requirements of the Department of Public
Works,and the Department of Land and Natural Resources,if
applicable,prior to commencing operations.All other utilities
and services are available to the subject property.
Mr.Thomas L.H.Yeh
November 26,1993
Page 4
Approval of this request is sUbject to the following conditions:
1.The applicant,its successors or assigns shall be
responsible for complying with all stated conditions of
approval.
2.The applicant shall indemnify and hold the County of Hawaii
harmless from and against any loss,liability,claim or
demand for the property damage,personal injury or death
arising out of any act or omission of the applicant,its
successors or assigns,officers,employees,contractors and
agents under this permit or relating to or connected with
the approval of this permit.
3.Final Plan Approval for the proposed facility shall be
secured from the Planning Department.Plans shall identify
proposed structures,driveway aCcess and parking stalls
associated with the proposed use.Landscaping along the
project site's northeastern,eastern and western boundaries
shall also be indicated on plans and be provided for the
purpose of mitigating any adverse noise or visual impacts
to adjacent properties.Landscaping shall be provided to
the extent that a continuous,unbroken,heavy planting
screen,no less than 5 feet in height,is established prior
to the issuance of a certificate of occupancy.Landscaping
need not be established on that portion of the project site
located south (to the rear)of the existing drainage/flood
channel.
4.construction of the proposed facility shall be completed
(certificate of occupancy)within 4 (four)years from the
effective date of this permit.
5.Access to the property from Waianuenue Avenue shall meet
with the approval of the Department of Public Works.
6.The applicant shall provide curb,gutter,sidewalk and
pavement widening improvements along the project site's
entire frontage with waianuenue Avenue,exclusive of access
points,in a manner meeting with the approval of the
Department of Public Works,prior to the issuance of a
certificate of occupancy for the proposed facility.In
lieu of providing these roadway improvements prior to
occupancy,the applicant may seek the effectuation of an
agreement together with the appropriate bond,surety or
other security deemed acceptable by the Planning Director
or County council,whichever is applicable,to ensure the
Mr.Thomas L.H.Yeh
November 26,1993
Page 5
provision of these necessary infrastructural improvements
to support the proposed development in a timely manner.
7.The applicant shall prepare and submit a flood study for
the project site for the review and approval by the
Department of Public Works,prior to the commencement of
any land alteration activities.Improvements to the flood
plain which transects the project site shall be constructed
in a manner meeting with the approval of the Department of
Public Works prior to the issuance of a certificate of
occupancy for the proposed facility.The applicant shall
also comply with the applicable requirements of the
Department of Land and Natural Resources,related to any
proposed improvements to the flood plain.
8.Comply with all applicable laws,rules,regulations and
requirements of the affected agencies.
9.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 the extent
to which the conditions of approval are being complied.
This condition shall remain in effect until all of the
conditions of approval have been complied 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
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.
Mr.Thomas L.H.Yeh
November 26,1993
Page 6
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.
Should you have any questions,please feel free to contact Rodney
Nakano or Daryn Arai of the Planning Department at 961-8288.
sincerely,
'7 ..'7'')~.,/"":,"<LJ .~/~;~."",.(...~..._.',.~.
Donald L.Manalili,Chairman
Planning Commission
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LHiloMOl.PC
xc:Honorable Stephen K.Yamashiro,Mayor
Planning Director
Department of Public Works
Department of Water Supply
County Real Property Tax Division -Hilo
Department of Land and Natural Resources
Plan Approval section