Loading...
HomeMy WebLinkAboutPD Recommendation Report - Hawaii Vision Specialists (PL-USE-2025-000039) -1- RHIVisionSpecialistUSE.amend COUNTY OF HAWAIʻI PLANNING DEPARTMENT RECOMMENDATION HAWAI‘I VISION SPECIALISTS APPLICATION TO AMEND USE PERMIT 15-000054 (PL-USE-2025-000039) Upon careful review of the applicant's request to amend Use Permit No. 15-000054, the Planning Director hereby recommends that the request to expand the permit area by 7,511 square feet, increasing the total permit area to 1.69 acres, and to establish and operate a wellness center facility and related improvements in addition to the existing medical office and clinic use. be approved by the Planning Commission. Since this recommendation is made without the benefit of public testimony, the Planning Director reserves the right to modify and/or amend this position based on additional information presented at the public hearing. This approval recommendation is based on the following findings: The applicant is requesting an amendment to allow the construction of a two-story 2,270 square foot wellness facility on approximately 7,511 square feet of land. Currently, the applicant has its office on the adjacent parcel. The new facility on the subject property will offer optical, aesthetic lasers and other health and wellness services. According to the applicant, hours of operation are expected to be Monday through Saturday from 8:00am to 5:00pm. The granting of the proposed use shall be consistent with the general purpose of the zoning district, the intent and purpose of the Zoning Code, and the County General Plan. The establishment of a wellness facilities on the property is consistent with the purpose of the Zoning Code because these types of facilities can be permitted in the RS and RM zoning districts and the State Land Use Urban district through the issuance of a Use Permit from the Planning Commission. The Use Permit process provides an avenue to review projects on a case-by-case basis to determine infrastructure needs and identify and address impacts on surrounding properties and existing uses. The wellness facility will be developed in compliance with Zoning Code regulations related to building height, yard setbacks, off-street parking and landscaping. Additionally, a proposed wellness facility is intended to provide services to -2- the community, which is consistent with the intent of RS and RM zoning districts regarding close proximity to services. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. The proposed request is consistent with the following goals and policies of the Land Use Element of the General Plan: LAND USE – GENERAL • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • Encourage urban development within existing zoned areas already served by basic infrastructure, or close to such areas, instead of scattered development. In order to create an effective land use pattern, zoning districts and their associated uses should closely correspond to the General Plan Land Use Pattern Allocation Guide (LUPAG) map for the area. The LUPAG Map is a graphic representation of the General Plan's goals and policies to guide the coordinated growth and development of the County. The subject property is currently designated Medium Density Urban on the LUPAG Map. The Medium Density Urban designation allows for village and neighborhood commercial and single family and multiple family residential and related functions (multiple-family residential -- up to 35 units per acre). The proposed wellness facility will be consistent with and supportive of uses allowed within the Medium Density Urban designation. Thus, the proposed use is consistent with the -3- General Plan Land Use Pattern Allocation Guide (LUPAG) Map designation for the property. Therefore, based on the above the granting of the proposed use shall be consistent with the general purpose of the zoning district, the intent and purpose of the Zoning Code, and the County General Plan. 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 project site is a 7,511-square feet, triangularly shaped parcel located at the intersection of Kapi‘olani Street and Hualālai Street to the west (mauka) of the Hilo Police Station. The property is currently residential with a one-story single-family dwelling. The proposed request, if approved, will allow the development of a 2-story wellness facility on the subject property. The adjacent properties to the north have split zoning designations of RS-7.5 and RM-1 and are currently vacant. There is a triangular shaped parcel directly adjacent to the east at the corner of Kapi‘olani and Hualālai Streets which is zoned RM-1 with a dwelling. Further east across Kapi‘olani Street is the Hilo Police Station. Kitty corner to the southeast is Saint Joseph’s School. To the south across Hualālai Street is zoned RD- 3.75 and consists of multiple family apartments. Properties directly adjacent to the west are zoned RS-7.5 with a dwelling. This general area is quasi-residential in character, with a K-12 school, County Police and Civil Defense offices, a church along with single and multiple family residential housing within 500-foot radius of the subject property. The applicant will be required to put in landscaping through the Plan Approval process to further minimize any adverse noise and visual impacts that may be generated by the proposed request. All front yard and buffer yard landscaping will conform to the standards for separation of a residential (RS) zoning district from a commercial (CN) zoning district as provided for in Planning Department Rule No. 17 to further minimize impacts. Traffic will be staggered to the site based on scheduled appointments, so we anticipate that compliance with minimum zoning code requirements will provide for sufficient on-site parking. Lastly, the Planning Department has not received objections from the surrounding community regarding the proposed request. Based on the above discussion, no significant adverse impact to surrounding properties is expected. -4- 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. The applicant is proposing to use the existing driveway accesses to the project site from Kapi‘olani Street and Hualālai Street, which are County owned and maintained rights-of-way with widths of approximately 40 and 60 feet respectively. Kapi‘olani Street has a curb, gutter, sidewalk section on both sides of a 20-foot pavement, all within the right-of way and Hualālai Street has a 20-22- foot wide pavement with 10-foot wide grassed or graveled shoulders within the right-of- way. The City of Hilo Zone Map, which identifies future road right-of-way needs in Hilo, designates Kapi‘olani Street as a 60-foot wide right-of-way; therefore, a condition of approval will require the applicant to designate a 10-foot wide future road widening along its Kapi‘olani Street frontage on all plans submitted to the County in order to properly site proposed improvements in anticipation of future roadway improvements by the County. Parcel 047 will have minimum required yard setbacks of 20 feet from the front property lines required by the RM zoning designation. Due to the small size of the property and the 10-foot future road widening easement requirement, this constrains the developable area on the property. Therefore, the Planning Director is in favor of the applicants request for a 5-foot setback variance on the Kapi‘olani Street frontage. The Director will issue a zoning variance in the future to provide a 15-foot front yard setback along the Kapi‘olani Street frontage instead of the required 20-foot setback. This setback will be measured from the 10-foot wide future road widening easement. Finally, DPW requested that the applicant be required to reconstruct the existing sidewalk and curb ramps on Kapiolani Street fronting TMK 2-4-025:047 in accordance with County Code and current DPW design standards for sidewalk construction. DPW also recommends Applicant construct an 8’ wide sidewalk continuing on Hualalai Street fronting both 2-4-25:047 and 049 from the intersection at Kapiolani Street in accordance with County Code and current DPW design standards for sidewalk construction. Hualālai Street has substandard pavement width for a secondary arterial. However due to the limited scope of the proposed project and anticipated traffic volumes, -5- the Planning Department will not require further widening and other improvements to Hualālai Street, which in this specific section directly fronting the property, does not function as an arterial since it currently functions more like an extension of Hale Nani Street, a local street. Municipal water is available for the project from an 8-inch waterline within Kapi‘olani Street. DWS is requesting that the applicant submit estimated maximum daily water usage calculations for review and approval including all irrigation/landscaping use. DWS is requiring the installation of a reduced pressure type backflow assembly within 5 feet of the existing meter on private property. In addition, DWS stated that the waterline is not adequate to meet fire-flow requirements. These will be required as conditions of this permit. All other utilities are available to the site. Police and fire stations are in close proximity to the property. Hilo Medical Center is located less than 2.5 miles from the site. Therefore, based on the above discussion, the proposed request will not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, police and fire protection, and other related infrastructure. The subject request is not contrary to Chapter 205A, Hawaiʻi Revised Statutes, relating to Coastal Zone Management Area. In view of the Hawaiʻi State Supreme Court’s “PASH” and “Ka Paʻakai O KaʻAina” decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site. Investigation of valued resources: The property is not located within the Special Management Area and is approximately 3,800 feet from the nearest shoreline. There is no record of designated public access to the shoreline or mountain areas traversing the property. Due to the project site’s distance from the shoreline, the property will not impact any coastal recreational resources, scenic and open space or visual resources, ecosystems and marine resources. The valued cultural, historical, and natural resources found in the area: According -6- to the applicant, no archeological or historical features are known to exist on the subject property. The subject property has been previously cleared for the construction of an existing single-family dwelling and driveway. The remainder of the property is residential in nature with a lawn. There are no known endangered or listed plant species on the property. However, there have been reports of Hawaiian Hawks (Buteo solitarius) and the Hawaiian Hoary bats (Lasiurus cinereus semotus) in the general area. Both of which are listed as endangered species. According to the applicant, it is not known whether the subject property or immediate surrounding area has been used in the recent past for the gathering of plants by Native Hawaiians. Furthermore, the applicant has not observed any Native Hawaiians gathering plants or conducting any other customary and traditional practices on the site or the adjoining properties. No professional surveys were conducted of the flora/fauna resources on the property. According to the applicant, the likelihood of any rare or endangered species, habitat or flora on the property is demised given the developed nature of the property and surrounding area. Possible adverse effect or impairment of valued resources: Native plants and/or endangered species are unlikely to be impacted by the proposed development due to the already impacted property as mentioned above. Feasible actions to protect native Hawaiian rights: No gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. According to the Flood Insurance Rate Map (FIRM), the subject property is located in Zone "X", area outside of the 500-year flood plain. There are no valued cultural, historical or natural resources on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Lastly, this approval is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in -7- connection with the approved use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above, the establishment and operation of a wellness facility would be compatible with the existing land uses and the physical and social environment of the area and would promote the effectiveness and objectives of the Zoning Code and General Plan. Approval of the request 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. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations for the proposed improvements prepared by a professional engineer in the State of Hawai‘i, for review and approval, and a water commitment deposit in accordance with the “Water Commitment Guidelines Policy” to the Department of Water Supply within one hundred and eighty days from the effective date of this permit. 3. The applicants shall install a reduced pressure type backflow prevention assembly within five (5) feet of the existing water meter and any additional water meters on private property, which must be inspected and approved by the Department of Water Supply. 4. The applicant shall provide a water system for fire protection that meets the requirements of the Department of Water Supply and Fire Department. 5. Parcels 047 and 049 shall be consolidated prior to submittal of plans and issuance of Final Plan Approval. [4.]6. Construction of [Phase I of] the proposed development shall be completed within five (5) years from the effective date of this amended permit. -8- [Construction of the remainder of the development shall be completed within ten (10) years from the effective date of this permit.] Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all proposed structures, paved driveway accesses and parking stalls associated with the proposed development. Landscaping shall be included on the plans to mitigate any potential adverse noise or visual impacts to adjacent properties in accordance with the Planning Department's Rule No. 17 (Landscaping Requirements). Front yard and [All] buffer yard landscaping shall conform to the standards for separation of a Single Family Residential (RS) zoning district from a Commercial (CN) zoning district as provided for in Planning Department Rule No. 17. [5.]7. A drainage study of the subject property shall be prepared and submitted to the Department of Public Works for review and approval, prior to submittal of plans for Plan Approval review. Drainage improvements, if required, shall be constructed, meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy of the project. [6.]8. A ten (10)-foot wide future road widening easement shall be delineated along the entire Kapi'olani Street frontage of the subject property and shown on plans submitted to the County for plan approval review and for building permit application(s). Minimum yard setbacks consistent with an RM zoning district shall be measured from this road widening easement. Upon the request of the Department of Public Works, the applicant, it’s successors or assigns shall subdivide the land encumbered by the future road widening and shall dedicate it to the County of Hawai‘i at no cost. [7.]9. Applicant shall reconstruct the lifted portion of concrete sidewalk area and curb ramps along Kapi‘olani Street fronting TMK 2-4-025:047 in accordance with County Code (HCC 22-4.6. Maintenance of sidewalk area) and in a manner meeting with the approval of the Department of Public Works. -9- [8.]10. The proposed [medical clinic] development shall connect to the County sewer system, prior to the issuance of a Certificate of Occupancy for [any portion of the proposed clinic] the proposed development. A sewer study shall be prepared by the Applicant and shall meet with the approval of the Department of Environmental Management (DEM). All sewer system improvements recommended by the sewer study and required by the DEM shall be provided by the Applicant. [9.]11. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources-State Historic Preservation Division (DLNR- SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigative measures have been taken. [10.]12. The applicant shall comply with all other applicable laws, rules, regulations and requirements of affected agencies for the proposed project. [11.]13. An initial 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. 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). -10- Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate procedures to revoke this permit.