HomeMy WebLinkAboutCOM 0244.000 2004-2006 JN,Y of N4N9
H Kim Christopher J. Yuen
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Mayor Dircctnr
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Roy R. Takemoto
Deputy Dircctnr
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PLANNIN DEPARTMENT
101 Pauahi Street, Sui 3 • Hilo, Hawau 96720-3043
CERTIFIED MAIL (808) 961-828 Fax (808) 961-8742
7002 2410 0004 9987 4674
April 19, 2005
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Trent H. and Hieu Thi Stonerock
P.O. Box 6876 _
Hilo, H] 96720
Dear Trent and Hieu Thi Stonerock: ti
Notice of Violation and O der (ZCV OS-012)
Violating Conditions of rdinance No. 04-80 (Conditions of Rezoning)
Tax Map Key: 2-2-035:0 3, Waiakea House Lots, Hawaii
Our office has received several complaint that your property is being utilized for an
"Automobile Sales" business for Island 1 pori Car Company without first complying
with the conditions setforth in Ordinance o. 04-80 (Conditions of Rezoning). Our
inspector conducted a site inspection on ril 6, 2005. The site inspection and further
investigation has revealed the following:
1. The property is situated wi~hin the State Land Use Urban district and the
County's Industrial-Comm rcial Mixed (MCX-10) zoned district.
2. The property is located at t e northeastern corner of Kanoelehua Avenue
and Hualani Streets. This i located within the South Hilo District of
Hawaii. The Tax Map Ke is 2-2-035: 073 and the lot size is 12,787
square feet. The listed ow ers of the property are Trent H. Stonerock and
Hieu Thi Stonerock.
3. According to Section 25-S~i132 (Permitted Uses within MCX Zone),
Automobile sales and rentals is listed as a permitted use.
Hawaii County is an equal pportunity provider and employer. u t ,
Comm. No. Z 7 7
Ref. To:
Rrf~ ~4t~„APR 13'1005'
Trent H. and Hieu Thi Stonerock
Page 2
April 19, 2005
4. Our inspector observed that a "cable and pipe" perimeter barrier enclosed
the subject property and the ground was covered with crushed rock. There
were seven (7) vehicles being displayed on the subject property, as well as
a vinyl sign (Island Import Car Co./933-9100) hanging from the cable
bamer fronting Kanoelehua Avenue. Entrance to the subject property was
From Hualani Street.
5. According to our files we do not have an approved Plan Approval for this
development.
Ordinance 04-80 (Enclosed) was adopted by the County Council effective July 6, 2004.
The Ordinance amended Section 25-8-33 (amity of Hilo Zone Map), Article 8, Chapter 25
(Zoning Code) of the Hawaii County Code, by changing the district classification from
Open (O) to Industrial-Commercial Mixed (MCX-10) at Waiakea, South Hilo, Hawaii,
covered by Tax Map Key 2-2-35: 73.
Section 2 of Ordinance 04-80 lists the following conditions:
A. The applicant, its successors or assigns shall be responsible for
complying with all of the stated conditions of approval.
B. Prior to the issuance of a water commitment by the Department of
Water Supply, the applicant shall submit the anticipated maximum
daily usage calculations as recommended by a registered engineer,
and a water commitment deposit in accordance with the "Water
Commitment Guidelines Policy" to the Department of Water
Supply within ninety (90) days from the effective date of this
ordinance.
C. Survey the existing road in the vicinity of the subject property and
dedicate any portion that encroaches on the subject property to the
County, or relocate the roadway at no cost to the County.
D. Construction of the proposed development shall be completed
within five (5) years from the effective date of this ordinance.
Prior to constructio~i, the applicant, successors or assigns shall
secure Final Plan Approval for the proposed development from the
Planning Director in accordance with Chapter 25-2-7Q, Chapter 25
(Zoning Code), Hawaii County Code. Plans shall identify al]
existing and/or proposed structures, paved driveway access and
parking stalls associated with the proposed development.
Trent H. and Hieu Thi Stonerock
Page 3
April 19, 2005
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 1`!0. 17 (Landscaping Requirements).
E. Access to the subjec~, property shall be limited to the Railroad
Avenue side of the property. The property's access to Kanoelehua
Avenue shall be by Flualani Street, not by Railroad Avenue.
F. All driveway connections to Railroad Avenue shall conform to
Chapter 22, Streets a.nd Sidewalks, of the Hawaii County Code.
G. Prior to the issuance of occupancy permit for the subject site, the
applicant shall provide improvements to the entire frontage of
Hualani Street and to any portion of Railroad Avenue used for
access to the project consisting of a 21-foot wide asphalt/concrete
pavement, along with any required utility relocation and drainage
improvements. The applicant shall include a provision in the deed
of the subject property requiring its obligation to construct a curb,
gutter and sidewalk improvements fronting the subject property in
conjunction with an;y similar improvements on the south side of
Hualani Street or east side of Railroad Avenue fronting the subject
site.
H. Provide a minimum 20-foot property line curve radius at the
intersection of Kanoelehua Avenue and Hualani Street and a
minimum 25-foot property line curve radius at the intersection of
Hualani Street and Railroad Avenue. The curve radii shall
incorporate the future road widening setback.
I. Streetlights and traffic control devices shall be installed as required
by the Traffic Division, Department of Public Works.
J. All development generated runoff shall be disposed of on site and
shall not be directed toward any adjacent properties. A drainage
study shall be prepared and submitted to the Department of Public
Works prior to issu~mce of Final Plan Approval. Any drainage
improvements shall be constructed, meeting with the approval of
the Department of Public Works prior to the issuance of a
Certificate of Occupancy.
Trent H. and Hieu Thi Stonerock
Page 4
April 19, 2005
K. The method of sew;~ge disposal shall meet with the requirements of
the State Departme~rt of Health.
L. A Solid Waste Management Plan shall be submitted to the
Department of Environmental Management for review and
approval prior to th~~ issuance of a Certificate of Occupancy.
M. Should any remaining historic sites, such as rock walls, terraces,
platforms, marine shell concentrations or human burials be
encountered, work in the immediate area shall cease and the
Department of Land and Natural Resources -State Historic
Preservation Division (DLNR-HPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance
from DLNR-HPD when it finds that sufficient mitigation measures
have been taken.
N. Should the Council adopt a Unified Impact Fee Ordinance setting
forth criteria for imposition of exactions or the assessment of
impact fees, conditions included herein shall be credited towards
the requirements of the Unified Impact Fees Ordinance.
O. The applicant shall comply with all applicable laws, rules,
regulations and requirements of the affected agencies for the
proposed development.
P. An annual progress report shall be submitted to the Planning
Director prior to the; anniversary date of enactment of the
ordinance. The report shall include, but not be limited to, the
status of the development and the extent to which the conditions of
approval have been satisfied. This condition shall remain in effect
until all of the conditions of approval have been complied with and
the Planning Director acknowledges that further reports are not
required.
Q. An initial extension. of time for the performance of conditions
within the ordinance maybe granted by the Planning Director upon
the following circwnstances:
Trent H. and Hieu Thi Stonerock
Page 5
April 19, 2005
1. 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.
2. Granting of the time extension would not be contrary to the
General Plan or Zoning Code.
3. Granting of fhe time extension would not be contrary to the
original reasons for the granting of the change of zone.
4. 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 maybe extended
for up to one. additional year).
R. Should any of the conditions not be met or substantially complied
with in a timely fashion, the Planning Director may initiate
rezoning of the area to its original or more appropriate designation.
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 ordinan~;e shall take effect upon its approval.
As per the conditions setforth in Ordinance 04-80, final Plan Approval has not been
secured for the proposed development from the Planning Director prior to the start of the
development.
Based on the above, you are in violation ~~f the conditions setforth in Ordinance 04-80.
You are hereby ordered to complete corrective action, at your own expense, and cease
and desist the operation of an "automobile sales" business for "Island Import Car
Company on the subject property by May 24, 2005.
Corrective action consists of:
1. Cease and desist operation of the "automobile sales" business for
"Island Import Car Co mpany" on the subject property immediately.
2. Remove all vehicles displayed within the property, and
Trent H. and Hieu Thi Stonerock
Page 6
April 19, 2005
3. Remove all signage, and
4. Submit and secure final Plan Approval from this office for the
development.
5. No further development ors the subject property without first obtaining
Plan Approval.
Upon completion of corrective action, you are responsible for contacting the Zoning
Inspector Robert Usagawa at 961-8288 b~~ telephone and in writing to the Planning
Director to verify the completion of corrective action.
If corrective action has not been completed by May 24, 2005, a fine of $100 per day
will be assessed until corrective action is completed. Further, in accordance with the
Department's Rules of Practice and Pro<eedure, the daily fines will be increased
quarterly per the daily fine schedule, until the violation is corrected.
This Order shall become final thirty (30) days after receipt of the Order. On or before
the final date, any person(s) subject to this Order may appeal the Order. This means
that before the Order becomes final, you must either correct the violation or appeal the
Order.
The appeal must be received within thirty (30) calendar days from the date of receipt of
the Order. An appeal to the Board of Appeals shall stay the provisions of the director's
order pending the final decision of the Board of Appeals. The appeal must be made in
accordance with the Board of Appeals Rifles and Procedures or it may result in the
dismissal of the appeal. Contact the Plan~iing Department for a Board of Appeals
General Petition Form.
Address the Appeal to: Board of A~~peals
101 Pauahi Street, Room 3
Hilo, Hawaii 96720
Pursuant to Section 25-2-35(i) of Chapter 25 of the Hawaii County Code, fines assessed
under this Section shall constitute a lien upon the subject property upon filing of said
lien with the Bureau of Conveyances. This lien shall be considered for the purpose of
priority, to be the equivalent of liens that, arise pursuant to the provisions of Chapter 19
of this Code.
Trent H. and Hieu Thi Stonerock
Page 7
April 19, 2005
This matter may be referred to the Office f Corporation Counsel fq'r civil remedy
and/or the Prosecuting Attorney's Office r criminal prosecution.
Please be advised that in the future, if you violate Chapter 25 in the same manner as
stated above, the violation will be conside ed as recurring and will e subject to an
immediate fine, up to a maximum of $500 per violation. In additio , a daily fine may
be imposed.
Thank you for your cooperation in this m tier. If you have any questions, please feel
free to contact Inspector Robert Usagawa t 961-8288.
Sincerely,
r
/ /
t__.. ~
CHRISTOPHER J. EN
Planning Director
Enclosure: Copy of Ordinance No. 04 80
RSU : cd
p:wpwin\mooselenforce05\2005-043E.doc
cc: Office of the County Clerk
Corporation Counsel
Department of Public Works-Engi Bering Division
Long Range Planning Section
Mr. Robert Usagawa, Zoning lnsp ctor