HomeMy WebLinkAbout94_0121` k
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Stephen K. Yamashko
Mayor
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PLANNING COMMISSION
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252
(808) 961-8288 Fax (808) 961-9615
CERTIFIED MAIL
February 3, 1985
Mr. Donald Tong
1100 Launa Street
Hilo, HI 96720
Dear Mr. Tong:
Use Permit Application (USE 94-12)
Applicant: Harvey C. Chong, Jr.
Request: To convert existing single-family dwelling into
a dental office
Tax Map Key: 2-2-25:Portion of 13
The Planning Commission at its duly held public hearing on
January 26, 1995, voted to approve the above application. Use Permit
No. 132 is hereby issued to establish a dental office in the Single
Family Residential (RS -10) District. The project site is located on
the mauka side of Kilauea Avenue approximately 200 feet Puna side of
its intersection with Lanikaula Street, Waiakea House Lots Second
Series, Waiakea, 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
an office for one dentist and assistants within an existing
dwelling 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 Medium
Density Urban Development by the General Plan Land Use Pattern
Allocation Guide (LUPAG) Map. Such a designation would allow
for "commercial . . . and related functions." A policy of the
General Plan Land Use Element states that commercial development
"The development of commercial facilities should be designed to
fit into the locale with minimal intrusion while providing the
FEB 0 3 1995
r
Mr. Donald Tong
February 3, 1995
Page 2
desired services. Appropriate infrastructure and design
concerns shall be incorporated into the review of such
developments." The applicant proposes to retain the residential
character of the neighborhood and the addition of landscaping
with renovations to the existing structure would serve to
improve the property. Therefore, the proposed use would be
consistent with the General Plan policies and the Zoning Code.
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. As stated previously, the
request is for one dentist and his staff to utilize an existing
single-family dwelling. This low level of use will be minimally
intrusive in an area where the property fronts Kilauea Avenue, a
major artery between downtown Hilo, Kaiko'o, Waiakea commercial
and residential cores. The neighboring Open zoned property also
contains offices of the State Department of Agriculture and
Plant Industry Division. By the very nature of the proposed
use, adverse noise and visual impacts to surrounding properties
are not anticipated.
The granting of the proposed use will not adversely affect
similar or related existing uses within the surrounding area,
community or region. Numerous dental offices have been
established both in commercial zoned areas or by use permits in
and around Hilo. The effect of establishing one more dental
office will serve the public welfare and will not adversely
impact existing related uses.
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 road systems are adequate to
accommodate the project. The Department of Public Works
recommends that the "[E]xisting concrete sidewalk and planter
strip areas along Kilauea Avenue frontage shall be constructed
with full width concrete sidewalk." A condition of this permit
will imposed such a requirement. All other essential utilities
and services are available at or in close proximity to the
project site. The proposed use will, therefore, not
unreasonably burden public agencies to provide any
infrastructural improvements.
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.
Mr. Donald Tong
February 3, 1995
Page 3
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
existing structures, landscaping, interior alterations,
driveway access and parking stalls associated with the
proposed use.
4. A certificate of occupancy for the new use shall be secured
within three years from the effective date of this permit.
5. The applicant shall reconstruct the existing concrete
sidewalk and planter strip areas fronting the subject
property with a full width concrete sidewalk meeting with
the approval of the Department of Public Works prior to
issuance of a certificate of occupancy.
1.
6. The proposed use shall be limited to a maximum of two
dentists and their assistants.
7. 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).
Mr. Donald Tong
February 3, 1995
Page 4
8. 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.
Should you have any questions, please feel free to 'contact Connie
Kiriu or Daryn Arai of the Planning Department at 961-8288.
Sincerely,
Edward E. Crook, Vice -Chairman
Planning Commission
CRK:smn
LChong02.PC
xc: Honorable Stephen K. Yamashiro, Mayor
Planning Director
Mr. Harvey C. Chong
Department of Public Works
Department of Water Supply
County Real Property Tax Division - Hilo
Plan Approval Section