HomeMy WebLinkAboutCOM 0560.011 2002-2004Harry Kim Christopher 1. Yuen
Roy 12,Takemoto
C l]U ii i iidk'140 Dryuy Dlmcun
Clurtfu of A0van
PLANNING I.IEPARTMENT .......
101 Pauahi Street, Suite 3 r Hilo, Hawaii 96720.3043
(608)961-8288 • Pax(809)961-6742
May 7, 2004 b n
Honorable Curtis Tyler -v
Councilman W
Hawaii County Council ro l
25 Aupuni Street
Hilo, Hawaii 96720
bear Councilman Tyler:
SUBJECT: Change of zone Ordinance (REZ 462)
Applicant: Pacific Hawaiian, Ltd.
Owner: Sure Save Super Market, Ltd.
TaxMap Key 2-3-037:001
Attachod from our file ie a copy of Ordinancp. 94-111 and letters dated July 19, 2002 and
September 11, 2002.
RS -7.5 and A -la zonings go back to the original zoning for this area hence there are no
specific conditions of rezoning.
Sincerely,
CHRISTOPHER J.Qf[IEN
Planning Director
CJY:pak
wpwindO/raJCoum:ihcwu'1'yiu - Puciflc ILwaiiun, l.ld. Sulu Swe Super Mukel., I td.
Attachments
Hawaii County is an equal owwnuniy Arovlder and amployror
60. 11
Comm. No. C1'r/
Ref. To:
Ref. Date
TO 39tld OON L6999ZE 9Z:9T 7002/7T/90
BILL NO. 1058
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE NO. Isd 11L
AN ORDINANCE AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THU DrOTRICT CLOSSIFrCATION FROM AGRICULTURAL
(A -la) TO NEIGHBORHOOD COMMERCIAL (CN -40) AT PONAHAWAI, SOUTH
HILO, HAWAII, COVERED BY TAX MAP KEY 2-3-37:PORTION OF 1.
BE IT ORDAINED BY THU COUNCIL OF THE COUNTY OP HAWAII+
SECTION 1. Section 25-])4, Article 3, Chapter 25 (Zoning
Code) Of the Hawaii County Code, is amended to change the
district classification of property described hereinafter as
follow*:
The district classification of the following area
situated at Ponahawai, South Hilo, Hawaii, shall be
Neighborhood Commercial (CN -40):
Beginning at the southeast corner of this parcel of land
on the southwest side of Komohana Street, the coordinates
of said point of beginning referred to Government Survey
Triangulation Station "HALM " being 1,837.52 fast South
and 21.69 foot west and running by arimuthe measured
clockwise from True South:
1. 76• 40' 334.33 feet along remainder of
Grant 252 to S. Pitman:
2. 165• 40' 668.26 feet along remainder of
Grant 252 to B_ Pitman;
3. 2560 40' 285.75 feet along remainder of
Grant 252 to B. Pitmans
4. Thenr,. following along the remainder of Grant 252 to
B. Pitman, along a curve to
the right having a radius of
32.00 feet, the chord azimuth
and distance oeing:
300' 40' 45.25 feet;
S. '345' 40' 12.24 feet along the southwester Ly
side of Komohana Street;
6. 255' 40' 10.00 feet along a jog in Komohanr
Street•
7. 345' 40' 73.40 feet along the southwesterly
side of Komohana Street;
Z0 39Hd OON L6999ZE 9Z:9T 600Z/bT/G0
8. 54' 00' 11.48 feet along Komohana Street;
9. 10' 30' 18.00 feet,.along Komohana Street;
10. 111* 00' 83.14 feet along the southwesterly
side of Komohana Street;
11. 34S' 40' 248.93 feet along the southwesterly
side of Komohana Street;
12. Thence following along the southwesterly side of
Komohana Street along a curve
to the left having a radius of
3,040.00 feet, the chard
azimuth and distance being:
343' 46' 50" 200.11 feet to
the point of beginning and
containing an area of 5.000
Acres.
All as outlined in red on the map attached hereto,
marked Exhibit "A" and by reference made a part hereof.
SECTION 2. This change in district classification is
conditioned upon the following: (A) the petitioner, its
assigns or successors shall be responsible for complying with
all conditions of approval; (B) plans for Plan Approval shall
be submitted within one (1) year from the effective date of the
change of zone; (C) construction shall commence within one (1)
year from the date of receipt of final Plan Approval and shall
be completed within two (2) years thereafter; (D) a hydrologic
study of the subject area shall be conducted and appropriate
mitigating measures shall be taken to alleviate the potential
downstrsam flood hazard .increases, meeting with the approval of
the Chief Engineer: (E) the Ponahawai Street extension,
including the proposed 80 -foot wide right -of --way and
improvements from the intersection with Komohana Street to the
western end of the subject property, shall be constructed in
accordance with the requirements of the Department of Public
Works prior to the issuance of occupancy permit; (F) the
Komohana Street-Ponahawai Street intersection shall be
6a
60 3E)tld 0DN L6959ZE 9Z:9T 600Z/bT/90
channelized to allow a storage lane for left turn movements
from Komohana Street onto the Ponahawai Street ezte:.aion, along
with othor intoraection improvements as may be deemed necessary
by the Chief Engineer prior to the issuance of occupancy permit;
(0) no access shall be permitted directly off Komohana sLreet;
m8 (g) all other rules, regulations and requirements shall be
complied with. Should any of the foregoing conditions not be
met, rezoning of the area to its original or mvae appropriata
designalinn may be initiated.
SECTION 3. In the event that any portion of this
ordinance is declared invalid, cucn invalidity ehali not affect
the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its
approval_
INTRODUCED BY:
UNCI- ME .ER, OF HAWA=
Hilo, Hawaii
nate of Introduction= January 17, 1984
Date of let Reading: January 17, 1964
Date of 2nd Reading: February 1, 1984
Effective Date: February 10, 1994
M -C
40 39Hd OON L6999ZE 9Z:9i 600Z/Vi/90
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ASPICULTUPAL (A -lo)
TO NHIGMI9ORMOoO
COMMErRCIAL CN -4+0
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A,MENOMIINT TO THE ZONING CODE
AMFNDIHS SECTION 25-114 (G7 -' OF HILA ZONE MAP) AMTICLC
9, C11AIoTEIR O.S (ZONING COOM) OF THE HAWAII COUNTY
COCCj, BY CHANGING 71-113 DISTRICT CLASSIFICATION
rIROM AGRICu4TURAL (A -lo) T4 COMMG-R-
CIAL (CN -40) A7 IOONAHAYVAI, SOUTH HILO, HAWAII,
YKCF'AKa� m-'1' - IrLANNirJ6 PCr--'A�71\1CNT
Cou NTY OF HAWAII
ITIVIK 1 1-3-37' POKT1ory oN 1 pvc. 12, 1.967
EnHIBrT 'A'
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A'IPILI
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RHI -? R
A,MENOMIINT TO THE ZONING CODE
AMFNDIHS SECTION 25-114 (G7 -' OF HILA ZONE MAP) AMTICLC
9, C11AIoTEIR O.S (ZONING COOM) OF THE HAWAII COUNTY
COCCj, BY CHANGING 71-113 DISTRICT CLASSIFICATION
rIROM AGRICu4TURAL (A -lo) T4 COMMG-R-
CIAL (CN -40) A7 IOONAHAYVAI, SOUTH HILO, HAWAII,
YKCF'AKa� m-'1' - IrLANNirJ6 PCr--'A�71\1CNT
Cou NTY OF HAWAII
ITIVIK 1 1-3-37' POKT1ory oN 1 pvc. 12, 1.967
EnHIBrT 'A'
S0 39Vd ODN L6999ZE 9Z:9T b00Z/bT/S0
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MA{aAI • D
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AI.1' ` epn •I
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RHI -? R
A,MENOMIINT TO THE ZONING CODE
AMFNDIHS SECTION 25-114 (G7 -' OF HILA ZONE MAP) AMTICLC
9, C11AIoTEIR O.S (ZONING COOM) OF THE HAWAII COUNTY
COCCj, BY CHANGING 71-113 DISTRICT CLASSIFICATION
rIROM AGRICu4TURAL (A -lo) T4 COMMG-R-
CIAL (CN -40) A7 IOONAHAYVAI, SOUTH HILO, HAWAII,
YKCF'AKa� m-'1' - IrLANNirJ6 PCr--'A�71\1CNT
Cou NTY OF HAWAII
ITIVIK 1 1-3-37' POKT1ory oN 1 pvc. 12, 1.967
EnHIBrT 'A'
S0 39Vd ODN L6999ZE 9Z:9T b00Z/bT/S0
From. Car' M oaupma To. Mo P.d 7/19/02 Time: 4'20'50 PM Pago 1 of 3
=c�Op Ju( 2c'
(SURE SAVE
auvumaor ��rq�,rn�F
Sent From: Sure Save - Kea" Shopping Cor Ni
16-386 Old Volcano Road, Keasu, Hawaii 96749 16/i/I
ssavet?t))int=ace.neL www.suresave.com
Fax Line: (808) 966-8131 Bus: (W 966-9316
FAX COVER SHEET
Late: July 19, 2002
To: Mr. Christopher Yuen, Ditaotor Fax No. 961-8742
County Planning Department
Copy: MT. Alan Inaba, Inaba Engineering
Mr. Al Inoue, Inoue Hawaii Realty
From: Carl H. Okuyama
Phone: 961-3727
Phone: 935-2996
Fax No.(808) 966-8131
Direct Dial No.(808) 937-4392
Bus. No.:(808) 966-9316
Subject: STATUS REPORT & REQUEST FOR UME EXIENS10N
OWNER: SURF SAVE SUPERKET MARKET, LTD.
PoiWuwai. SoWh Hilo- JdAnd of Hawaii. Huwaii
TMK: 2-3.037: 001
RE7., 462 (Ord $4 111: PLA 2116 (2-3-037 01)
NUMBER OF PAGES _3_ (Including Cover Sheet)
Please find attached letter.
IF ALL PAGES ARE NOT RECEIVED. CALL DIRECT DIAL LISTED ABOVE
NOW This facsimile transmission contain confidential information from Sure Save Super Market, Ltd.
intended only for the use of the individuals) named on the cover sheet, If you are not the intended
recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action to
reliance on the contents of this facsimile is strictly prohibited. If you have received this ttatumiWcn in
error, please notify us by telephone immediately so that we can mrange for the return of the document to ua
at not cost to you. Thank you.
,re , re A,
90 mvd OON L6999ZE 9Z:9T b00Z/1,T/S0
From: Carl H OkuYeme 7,'. Mr Christopher Yuen Data: 7/19/02 Tlmr; 4.20'.50 FM M1yN2 or 3
®SURE SAVE ��
Sure Seve Supw Ivlarket, Ltd.
16-586 Old VDICanD Road, Keaau, Hawaii 96749
elrlpluyarneAsUmseve.00m www.suosave.com
July 19, 2002
Sent Via: Facsimile Original Mail
Christopher J. Yuen, Director
Planning Department
County of Hawaii
Hila, Hawaii 96720
Subject: STATUS REPORT & REQUEST FOR TIME E=NS
SN ION
OWNER; SURF. CAVE SUPRRKRT MARKET. LTD.
Ponahawai, South Hilo, Island of Hawaii. Hawaii
TMK: 2-3-037: 001
REL 462 (Ord. 84 111•. PLA 2116 (2-3-037:01)
Dear Mr. Yuen -
Thank you for your letter dated April 10, 2002.
The following is an upd:ucd status report on the above-montioncd property. We
apologized for the delay in filing of timely status reports to the Planning Department.
1. Sure Save Super Markats, Ltd. (Sure Save) purchased the subject property from Food
Fair Super Markets (Food Fair) in 1995. Food Fair bad purchased/exchanged the
property from the previous owner, Qhiaki Matsuo, a local developer.
2. In 1997 and 1998, Sure Save wac in litigation with the estate of Chiaki Mai to
seek performance on certain conditions that were part of the sale to Food Fair. The
case was finally settled in We 1998.
3, In 1998 also, Sure Save began negotiations with an investor to develop the property
Into a shopping area with Sure Save anchoring the center.
4. In Juue of 1999, Sure Save filed for Chapter 11 undor the banhruptoy law to protect
them from actual closing all of their operations. This action was essential for the
survival of Sive Save whom dna to a downturn and rhanges in the economy had
suffered a drastic drop in sales.
LO 39tid OOr L6999ZE 9Z:91 6002/01/90
Fry Can H okuyama To. Me Christ ophar Yuen Dato: 7/19/02 T.mtt 620.50 PM Page 3 of l
5. In August 1999, the Unsecured Creditor's Committee to reorganized Sure Save
promoted me to Chairman Of The Board for the Company.
6. The case was finally settled witlr the creditors; the Plan Of Reorganization went
effective on Aecember 4, 2001; with the acceptance of a plan to allow Sure Save
some time to recover and to be able to pay back its creditors. U.S. Bankruptcy # 99�
02493.
7. Lanier this year, Sure Save filed a request for subdivision (SUB 2002-0033) and was
informed of the need to submit a status report and time extension for the property.
We had originally purchased the property with the intent to develop it into a
commercial/retail center, however, our plans were delayed because ofthe above-
mentioned pruhlems.
We, respectfully, requesta three year extension of the current zoning to enable us to
complete what we have envisioned for the property.
Should you have any questions please do not hesitare contact me al (808) 937-4392
Your aesisuuwa will be approotated.
Very'Sincerely.
Carl Okuyama
Chairman, CEO
80 39Vd OON L6999ZE 9Z:91 v00Z/11T/S0
Harry Kim
Ahv'.
September 11, 2002
Mr. Carl Okuyama
Chairman, CEO
Sure Save Supermarket
16-586 Old Volcano Road
Keaau HI 96749
Dear Mr. Okuymna:
(901tuflj of pt iunii
PLANNING DEPAKI'14IIENT
TS Aupwri Stree4 auom 109 - Hilo. Hawaii 967^_0.4262
lana) 961.8288 - Fax (308) 961.4742
Change of "Lone Ordinance 8411 (REZ 462)
Applicant: Pacific Hawaiian, Lia,
Owner: Sure Save Super Market, Ltd.
Subject. Status Report
Extension of Time to Comply with Conditions
Cluistw1wr J. Yu=
Dirsaor
Roy R Takemoto
Deputy Dim"r
This is in response to your letter dated July 19, 2002 containing a status report and a request for a
time extension of three years.
"thank you for subu,itting the statue report. While not required as a condition of approval, we
appreciate being kept informed of the proposed development on a regular basis.
Ordinance 84 11 became effective on February 10, 1984. As successor to pacific Haw aiiatl,
Ltd., we understand that Sure Save is now in a position to develop the commercial/retail center,
In reviewing the conditions of approval of the change of zone from Agricultural (A- 1 a) to
Neighborhood Commercial (CN -40), we note the following:
Condition (B) plans for Plan Approval shall he submitted within one (1) year from the
effective date of the change of zone: Plans were submitted for Plan Approval
review on Janaary 28, 1985,
BSEP 1 12002
60 39vd 00N
469S9Z6 9Z:9T 6002/bT/S0
Mr. Carl Okuyama
Sure Save Supermarket
Page 2
September 11, 2002
Condition (C) construction shall commence within one (1) year from the date of receipt of
final Plan Approval and shall be completed within two (2) years thereafter:
Prel inivary Comments with an attached letter listing additional requirements to
be incorporated in the revised plans was issued on February 1, 1985. However,
no revised plans were submitted.
in reviewing our file, Condition B was satisfied. However, additional concerns were required to
be addressed before Final Plan Approval could be granted. No revised plans were ever
submitted which addressed these concerns.
Although it is stated in the ordinance that "Should any of the foregoing conditions not be met,
rezoning of the arca to its original or more. appropriate designation may be initiated", we note
that the financial condition of your company as well as that of the economy, precluded progress
of the development.
Therefore, we are requiring that Final Plan Approval for the development be secured within one
(1) year from the date of this letter. To assurt adequate time for plan approval review and in
accordance with Chapter 25 (Zoning Code), plans shall be submitted a minimum of forty-five
days prior to llie date by which plan approval moat be secured.
Conditions C, which required construction to commence within one (1) year from the date of
receipt of Final Plan Approval and be completed within two (2) year, must still be wurplied
with.
Please note, however, the following for Condition B:
1. The Preliminary Comments sheet dated January 29, 1985 is no longer valid. For your
convenience, we have included the current Application for Plan Approval sheet which
must be completed and submitted with the site plan and required information.
2. Final Plan Approval for the proposed development shall be secured ,from the Planning
Director in accordance with Chapter 25-2-72 of the Zoning Code within one (1) year
ftom the date of this totter. Plana shall identify existing and proposed struntures, paved
driveway access and parking stalls associated with the proposed use. Landscaping shall
also be indicated on the plans for the purpose of mitigating any adverse noise or visual
impacts to adjacent properties in accordance with the requirements of Planning
Dopartment'e Rule No. 17 (Lairdgraping Requirements).
0T 39Hd 00A L6959ze 92:91 b00S/bT/50
Mr. Carl Okuyama
Sure Save Supermarket
Page 3
September 11, 2002
In addition, Conditions D through H must also be wuiplied with prior to the issuance of the
occupancy permit.
Based on the foregoing, a request for a time extension of three years to comply with Condition C
is not required at this time, Please be informed, however, that if the proposed development does
not progress according to the above stated timeframe, a request for an extension of time to
comply with conditions must include your reasons, 20 copies of that request and a $250.00 filing
foe to be submitted to this office for a public hearing with the Planning Commiecion,
If you have questions or require dirtier information, please feel free to contact Esther Ime-rura
or Susan Gagorik of this office at 961-8288.
Sincerel
C��
CMSTOPHER J. 9'iJEN N
Planning Director
ETlcps
P.\WPW [Nd0\ETI\pcdnwxtlSweSaveRez44I.doe
Enclosure
xc: Planning Commission
TT 39tld OON L6999ZE 9Z:9T 400Z/bT/S0
o
Harry Kim Christopher J. Yuen
Mayor Director
Roy R. Tak-emoto
o ouDeputy Director
PLANNING DEPARTMEN!--- .,.-.....-.-----..
101 Pauahi Street, Suite 3 - Hilo, Hawaii 96720-3043
(808) 961-8288 Fax (808) 961-8742
_ZZ
May 7, 2004
'
� ,h
Honorable Curtis Tyler
Councilman
0 rLo
Hawaii County Council
25 Aupuni Street b
Hilo, Hawaii 96720
Dear Councilman Tyler:
SUBJECT: Change of Zone Ordinance (REZ 462)
Applicant: Pacific Hawaiian, Ltd.
Owner: Sure Save Super Market, Ltd.
Tax Map Key: 2-3-037:001
Attached from our file is a copy of Ordinance 84-111 and letters dated July 19, 2002 and
September 11, 2002.
RS -7.5 and A- I a zonings go back to the original zoning for this area hence there are no
specific conditions of rezoning.
Sincerely,
CHRISTOPHER J. & EN
Planning Director
CJY:pak
Wpwin60/Pat/Councilman Tyler — Pacific Hawaiian, Ltd. — Sure Save Super Markets, Ltd.
Attachments
Hawai'i County is an equal opportunity provider and employer.
le 4
t
BILL NO, 1058
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL
(A -la) TO NEIGHBORHOOD COMMERCIAL (CN -40) AT PONAHAWAI, SOUTH
HILO, HAWAII, COVERED BY TAX MAP KEY 2-3-37:PORTION OF 1.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-114, Article 3, Chapter 25 (Zoning
Code) of the Hawaii County Code-,' is amended to change the
district classification of property described hereinafter as
follows:
The district classification of the following area
situated at Ponahawai, South Hilo, Hawaii, shall be
Neighborhood Commercial (CN -40):
Beginning at the southeast corner of this parcel of land
on the southwest side of Komohana Street, the coordinates
of said point of beginning referred to Government Survey
Triangulation Station "HALAI" being 1,837.52 feet South
and 21.68 feet West and running by azimuths measured
clockwise from True South:
1. 75° 40' 334.33 feet along remainder of
Grant 252 to B. Pitman;
2. 1650 40' 668.26 feet along remainder of
Grant 252 to B. Pitman..-,-
3.
itman;;3. 255' 40' 285.75 feet along remainder of
Grant 252 to B. Pitman;
4. Thence following along the remainder of Grant 252 to
B. Pitman, along a curve to
the right having a radius of
32.00 feet, the chord azimuth
and distance being:
300' 40' 45.25 feet;
5. -3450 40' 12.24 feet along the southwesterly
side of Komohana Street;
6. 2550 40' 10.00 feet along a jog in Komohana
Street;
7. 3450 40' 73.40 feet along the southwesterly
side of Komohana Street;
8. 540 00' 11.48 feet along Komohana Street;
9. 100 30' 18.00 feet..along Komohana Street;
10. 3330 00' 83.14 feet along the southwesterly
side of Komohana Street;
11. 3450 40' 248.93 feet along the southwesterly
side of Komohana Street;
12. Thence following along the southwesterly side of
Komohana Street along a curve
to the left having a radius of
3,040.00 feet,. the chord
azimuth and distance being:
3.43' 46' 50" 200.11 feet to
the point o.f beginning and
containing an area of 5.000
Acres.
All as outlined in red on the map attached hereto,
marked -Exhibit "A" and by reference made a part hereof.
SECTION 2. This change in district classification is
conditioned upon the following: (A) the petitioner, its
assigns or successors shall be responsible for complying with
all conditions of approval; (B) plans for Plan Approval shall
be submitted within one (1) year from the effective date of the
change of zone; (C) construction shall commence within one (1)
year from the date of receipt of final Plan Approval and shall
be completed within two (2) years thereafter; (D) a hydrologic
study of the subject area shall be conducted and appropriate
mitigating measures shall be taken to alleviate the potential
downstream flood hazard increases, meeting with the approval of
the Chief Engineer; (E) the Ponahawai Street extension,
including the proposed 80 -foot wide right-of-way and
improvements from the intersection with Komohana Street to the
western end of the subject property, shall be constructed in
accordance with the requirements of the Department of Public
Works prior to the issuance of occupancy permit; (F) the
Komohana Street-Ponahawai Street intersection shall be
-2-
channelized to allow a storage lane for left turn movements
from Komohana Street onto the Ponahawgi Street extension, along
with other intersection improvements as may be deemed necessary
by the Chief Engineer prior to the issuance of occupancy permit;
(G) no access shall be permitted directly off Komohana Street;
and (H) all other rules, regulations and requirements shall be
complied with. Should any of the foregoing conditions not be
met, rezoning of the area to its original or more appropriate
designation may be initiated.
SECTION 3. In the event that any portion of this
ordinance is declared invalid, such invalidity shall not affect
the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its
approval.
Hilo, Hawaii
Date of Introduction:
Date of lst Reading:
Date of 2nd Reading:
Effective Date:
INTRODUCED BY:
COUNCIL MEMBER, NTY OF HAWAII
January 17, 1984
January 17, 1984
February 1, 1984
February 10, 1984
i .
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AGRICULTURAL (A-to) Ala Z
TO NE1SH►SORHOOD j
COMMEIRCIAL (CN-40) ; r
AREA = 5.000 ACRES p
RS-7-S
1837 52 S
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AMENDMENT T® 7HE '0ZSN1NS 0�
AMENDINS SECTION 25-1114 (CITY OF HILO ZONE MAP) Ar�TICLC
3r CHAPTER aS (ZONING CODC) OF- THE ?-IAWP,11 COUN7--r
CODC-, 81' CH/-ANSINS 7HE DISTRICT CLAS51FICAMON
rRnM ASR1cuL7UI':?AL_ (A-16) TO Nr_-1SHa0T9HCD0D COMMER-
CIAL (C:N 40) AT PONA1-iA14A11 SOUTH HIL-o, HAWAII.
P►4�PAIQ�� BY = Int-ANNif�lG p�F'Af�TMENT
coU NTY of r-fAwA►1
TM K = a-3-37 T-o;RTrotN (OF i Dec- tom, IJr33
E;K H 1617 A" .
From: Carl H Okuyama To: Mr. Christopher Yuen Date: 7/19/02 Time: 4:20:50 PM Page 1 of 3
*SURE SAVE,
IWT Dr,"
Sent From: Sure Save - Keaau Shopping Ce
16-586 Old Volcano Road, Keaau, Hawaii 96749
ssaveAinterpace.net, www.suresave.com
Fax Line: (808) 966-8131 Bus: (808) 966-9316
FAX COVER SHEET
Date: July 19, 2002
To: Mr. Christopher Yuen, Director Fax No. 961-8742
County Planning Department
Copy: Mr. Alan Inaba, Inaba Engineering Phone: 961-3727
Mr. Al Inoue, Inoue Hawaii Realty Phone: 935-2996
From: Carl H. Okuyama Fax No.(808) 966-8131
Direct Dial No.(808) 937-4392
Bus. No.:(808) 966-9316
Subject: STATUS REPORT & REQUEST FOR TIME EXTENSION
OWNER: SURE SAVE SUPERKET MARKET, LTD.
Ponahawai, South Hilo, Island of Hawaii, Hawaii
TMK: 2-3-037: 001
REZ 462 (Ord. 84 11); PLA 2116 (2-3 -037:01)
NUMBER OF PAGES 3 (Including Cover Sheet)
Please find attached letter.
IF ALL PAGES ARE NOT RECEIVED, CALL DIRECT DIAL LISTED ABOVE
Note: This facsimile transmission contain confidential information from Sure Save Super Market, Ltd.
intended only for the use of the individual(s) named on the cover sheet. If you are not the intended-
recipient,
ntendedrecipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in
reliance on the contents of this facsimile is strictly prohibited. If you have received this transmission in
error, please notify us by telephone immediately so that we can arrange for the return of the document to us
at not cost to you. Thank you.
From: Carl H Okuyama To: Mr. Christopher Yuen Date: 7/19/02 Time: 4:20:50 PM Page 2 of 3
*SURE SAVE
5� lw MA
Sure Save Super Market, Ltd.
16-586 Old Volcano Road, Keaau, Hawaii 96749
carlokuyama@suresave.com www.suresave.com
July 19, 2002
Sent Via: Facsimile Original Mail
Christopher J. Yuen, Director
Planning Department
County of Hawaii
Hilo, Hawaii 96720
Subject: STATUS REPORT & REQUEST FOR TIME EXTENSION
OWNER: SURE SAVE SUPERKET MARKET, LTD.
Ponahawai, South Hilo, Island of Hawaii, Hawaii
TMK: 2-3-037: 001
REZ 462 (Ord. 84 11); PLA 2116 (2-3 -037:01)
Dear Mr. Yuen:
Thank you for your letter dated April 10, 2002.
The following is an updated status report on the above-mentioned property. We
apologized for the delay in filing of timely status reports to the Planning Department.
1. Sure Save Super Markets, Ltd. (Sure Save) purchased the subject property from Food
Fair Super Markets (Food Fair) in 1995. Food Fair had purchased/exchanged the
property from the previous owner, Chiaki Matsuo, a local developer.
2. In 1997 and 19989 Sure Save was in litigation with the estate of Chiaki Matsuo to
seek performance on certain conditions that were part of the sale to Food Fair. The
case was finally settled in late 1998.
3. In 1998 also, Sure Save began negotiations with an investor to develop the property
Into a shopping area with Sure Save anchoring the center.
4. In June of 1999, Sure Save filed for Chapter 11 under the bankruptcy law to protect
them from actual closing all of their operations. This action was essential for the
survival of Sure Save whom due to a downturn and changes in the economy had
suffered a drastic drop in sales.
2
From: Carl H Okuyama To: Mr. Christopher Yuen Date: 7/19/02 Time: 4:20:50 PM
5. In August 1999, the Unsecured Creditor's Committee to reorganized Sure Save
promoted me to Chairman Of The Board for the Company..
6. The case was finally settled with the creditors; the Plan Of Reorganization went
effective on December 4, 2001; with the acceptance of a plan to allow Sure Save
some time to recover and to be able to pay back its creditors. U.S. Bankruptcy # 99-
02493.
7. Earlier this year, Sure Save filed a request for subdivision (SUB 2002-0033) and was
informed of the need to submit a status report and time extension for the property.
We had originally purchased the property with the intent to develop it into a
commercial/retail center; -however, our plans were delayed because of the above-
mentioned problems.
We, respectfully, request a three year extension of the current zoning to enable us to
complete what we have envisioned for the property.
Should you have any questions please do not hesitate contact me at (808) 937-4392
Your assistance will be appreciated.
Very Sincerely,
Carl Okuyama
Chairman, CEO
3
Page 3 of 3
Harry Kam
Mayor
go -i Anfunli
PLANNING DEPAR'T'MENT
25 Aup ai Street, Room 109 ;D Hilo, Hawaii 96720-4252
(808) 961-8288 a Fax (808) 961-8742
. September 11, 2002
Mr. Carl Okuyama
Chairman, CEO
Sure Save Supermarket
16-586 Old Volcano Road
Keaau HI 96749
Dear Mr. Okuyama:
Christopher J. Yuen
Director
Roy R. Takemoto
Deputy Director
Change of Zone Ordinance 84 11 (REZ 462)
Applicant:. Pacific Hawaiian, Ltd.
Owner. Sure Save Super Market, Ltd.
Subj ect: Status Report
Extgnsion of Time to Comply with Conditions
Tax Map Key: 2'037:001
This is in response to your letter dated July 19, 2002 containing a status report and a request for a
time extension of three years.
Thank you for submitting the status report. While not required as a condition of approval, we
appreciate being kept informed of the proposed development on a regular basis.
Ordinance 84 11 became effective on February 10, 1984. As successor to Pacific Hawaiian,
Ltd., we understand that Sure Save is now in a position to develop the commercial/retail center.
In reviewing the conditions of approval of the change of zone from Agricultural (A -la) to
Neighborhood Commercial (CN -40), we note the following:
Condition (B) plans for Plan Approval shall be submitted within one (1) year from the
effective date of the change of zone: Plans were submitted for Plan Approval
review on January 28, 1985.
4p�•oF.�P.t'
go -i Anfunli
PLANNING DEPAR'T'MENT
25 Aup ai Street, Room 109 ;D Hilo, Hawaii 96720-4252
(808) 961-8288 a Fax (808) 961-8742
. September 11, 2002
Mr. Carl Okuyama
Chairman, CEO
Sure Save Supermarket
16-586 Old Volcano Road
Keaau HI 96749
Dear Mr. Okuyama:
Christopher J. Yuen
Director
Roy R. Takemoto
Deputy Director
Change of Zone Ordinance 84 11 (REZ 462)
Applicant:. Pacific Hawaiian, Ltd.
Owner. Sure Save Super Market, Ltd.
Subj ect: Status Report
Extgnsion of Time to Comply with Conditions
Tax Map Key: 2'037:001
This is in response to your letter dated July 19, 2002 containing a status report and a request for a
time extension of three years.
Thank you for submitting the status report. While not required as a condition of approval, we
appreciate being kept informed of the proposed development on a regular basis.
Ordinance 84 11 became effective on February 10, 1984. As successor to Pacific Hawaiian,
Ltd., we understand that Sure Save is now in a position to develop the commercial/retail center.
In reviewing the conditions of approval of the change of zone from Agricultural (A -la) to
Neighborhood Commercial (CN -40), we note the following:
Condition (B) plans for Plan Approval shall be submitted within one (1) year from the
effective date of the change of zone: Plans were submitted for Plan Approval
review on January 28, 1985.
Mr. Carl Okuyama
Sure Save Supermarket
Page 2
September 11, 2002
•
Condition (C) construction shall commence within one (1) year from the date of receipt of
final Plan Approval and shall be completed within two (2) years thereafter:
Preliminary Comments with an attached letter listing additional requirements to
be incorporated in the revised plans was issued on February 1, 1985. However,
no revised plans were submitted.
In reviewing our file, Condition B was satisfied. However, additional concerns were required to
be addressed before Final Plan Approval could be granted. No revised plans were ever
submitted which addressed these concerns.
Although it is stated in the ordinance that "Should any of the foregoing conditions not be met,
rezoning of the area to its original or more appropriate designation may be initiated", we note
that the financial condition of your company as well as that of the economy, precluded progress
of the development.
Therefore, we are requiring that Final Plan Approval for the development be secured within one
(1) year from the date of this letter. To assure adequate time for plan approval review and in
accordance with Chapter 25 (Zoning Code), plans shall be submitted a minimum of forty-five
days prior to the date by which plan approval must be secured.
Conditions C, which required construction to commence within one (1) year from the date of
receipt of Final Plan Approval and be completed within two (2) year, must still be complied
with.
Please note, however, the following for Condition B:
1. The Preliminary Comments sheet dated January 29, 1985 is no longer valid. For your
convenience, we have included the current Application for Plan Approval sheet which
must be completed and submitted with the site plan and required information.
2. Final Plan Approval for the proposed development shall be secured from the Planning
Director in accordance with Chapter 25-2-72 of the Zoning Code within one (1) year
from the date of this letter. Plans shall identify existing and proposed structures, paved
driveway access and parking stalls associated with the proposed use. Landscaping shall
also be indicated on the plans for the purpose of mitigating any adverse noise or visual
impacts to adjacent properties in accordance with the requirements of Planning
Department's Rule No. 17 (Landscaping Requirements).
9
Mr. Carl Okuyama
Sure Save Supermarket
Page 3
September 11, 2002
In addition, Conditions D through H must also be complied with prior to the issuance of the
occupancy permit.
Based on the foregoing, a request for a time extension of three years; to ,comply with Condition C
is not required at this time. Please be informed, however, that if the proposed development does
not progress according to the above stated timeframe, a request for an extension of time to
comply with conditions must include your reasons, 20 copies of that request and a $250.00 filing
fee to be submitted to this office for a public hearing with the Planning Commission.
If you have questions or require further information, please feel free to contact Esther Imamura
or Susan Gagorik of this office at 961-8288.
Sincerel ,
CHRISTOPHER J. N
Planning Director
ETIcps
P:\WPWIN60\ETI\PCtimext\SureSaveRez462.doc
Enclosure
xc: Planning Commission