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Home My WebLink AboutCOM 0734.000 2004-2006 GOB •.1 JMt o h,4. i j, ~ VWp•. Harr Kim ' Y ; ~ Christopher J. Yuen Ma~~ar Director ~i :7 "<o:'~~'%~ Brad Kurokawa, ASLA LEEDT^~ AP CrDLtYTt~T AS ~~~~t1 DepuryDirectar- PLANNING D1LEPcCAzRTMENT 101 Aupuni Street. Suite 3 Hilo. Hawaii 96720-304? iR08) 961-8288 FAX (808) 961-&742 CERTIFIED MAIL 7002 2410 0003 0232 8875 March 2, 2006 Punahele Professional Building Attention: Dr. Allan S. Takase 287 Kanoelani Street Hilo, HI 96720 Dear Dr. Takase: SUBJECT: Notice of Violation and Order (ZCV 06-030E) Non-Conformance with Ordinance 95-33 and Landscaping Requirements setforth in the Final Plan Approval for the Construction and Occupancy Requirements of the Medical Building and Related Site Improvements. Tax Map Key: 2-3-035: 042, Punahoa ls` and 2"d, South Hilo, HI Non-conformance with Ordinance No. 95-33, and landscaping requirements setforth in a Final Plan Approval for a commercial building is not permitted. An unpermitted use of aSingle-Family Residential (RS-7.5) property (TMK 2-3-035: 018) adjoining the subject property has brought our attention to Ordinance 95-33 and its Landscaping requirements setforth in the Final Plan Approval for the subject property. 1. The property is located within the State Land Use Urban district and the County's Neighborhood Commercial (CN-10) zoned district. Comm. No. 734 Ref. To: = Rsf. Uate,~A{~ n-~~ 3~ Hawaii Couivq~ fe' an Equal Opportrmi[y Provider and Employer. Punahelc Professional Building Attention: Dr. Allan S. Takase Pagc 2 March 2, 2006 2. The property is located at 82 Puuhonu Place. This is in the South Hilo District of Hawaii. The Tax Map Key is 2-3-035: 042 (formerly a portion of TMK 2-3-035: 016) and the lot size is 59,108 square feet. The listed owners of the property are: Punahele Professional Building, Puuhonu Medical LLC &Punahele Associates LLC, Hawaii Radiologic Associates, Ltd., 27754-CS Mele Properties LLC, Jilly's LLC & Barbara T. Takase, Christopher S.K. Dung Trust, Gerald E. & Verna D. Lau, Dr. Timothy Oldfather, Allan S. & Jean H. Trusts, Craig Y. & Linda T. Shikuma, Raymond W.M. Lee & Karen J. Nakamoto, and Randall H. & Marsha Gay Hirata. 3. According to our records, Ordinance 95-33 adopted by the Hawaii County Council on March 7, 1995 amended 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 Single-Family Residential (RS-7.5) and Agricultural (A-la) to Neighborhood Commercial (CN-10) at Punahoa ls` and 2°d, South Hilo, Hawaii, covered by Tax Map Key 2-3- 035: 016. 1. The Ordinance states in parts: Section 2. These changes in district classification are conditioned upon the following: A. The applicant, its successors, or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant shall secure Final Plan Approval of the proposed commercial development from the Planning Director. Plans to be submitted shall indicate a minimum 50-foot structural setback from the subject property's northwestern property boundary. Plans shall also include a minimum 6-foot high privacy wall or landscaping buffer along the subject property's common boundaries with adjoining single family residential properties along Punahele Street for the purpose of mitigating any potential adverse noise and visual impacts. Should a landscaping buffer be utilized for this purpose, it shall he provided to the extent that a continuous, unbroken, heavy planting screen, no less than 6 feet in height, is established prior to the issuance of a certificate of occupancy for any portion of the commercial development. Punahcle Professional Building Attention: Dr. Allan S. Takasc Page 3 March 2, 2006 D. Access to the subject property from Pu'uhonu Street shall meet the approval of the Department of Public Works. Access to the subject property from Punahele Street shall not be permitted. 4. Final Plan Approval to the subject development was approved on February 21, ]997, subject to, in part, the following final plan approval conditions: 1. Ordinance No. 95 33: The applicant, its successor, or assigns shall be responsible with all stated conditions of Ordinance No. 95 33 and requirements stipulated by subdivision application 96-055. 6. Landscaping: The applicant/owner(s) shall install the CRM retaining wall and chainlink (black vinyl coating) fencing denoted and planting materials shown on the approved revised Landscaping Plan dated February 18, 1997. The applicant/owner(s) shall install, establish, and maintain the proposed landscaping buffer being a continuous, unbroken, heavy planting screen buffer consisting of "podocarpus", not less than six (6) feet in height, along the subject property's common boundaries with adjoining single family properties along Punahele Street or within and along the parcel's entire northwestern property line prior to issuance of the Certificate of Occupancy. Subsequent to the issuance of the Certificate of Occupancy for any portion of the commercial development. The applicant, its successors, or assigns shall maintain the approved and required landscaping materials and maintain the minimum six (6) foot high "podocarpus" landscape buffer in a healthy and attractive state. 9. The proposed medical building development and approved landscape plan shall be constructed and developed in accordance with Ordinance No. 95-33 and the terms of the approved building construction plans and plan specifications, and the Final Plan Approval conditions stated above. Dust and odor impacts shall be kept to a minimum. Punahele Professional Building Attention: Dr. Allan S. Takase Page 4 March 2, 2006 5. Verification was made by our zoning inspector on January 24, 2006 that the adjoining property, TMK: 2-3-035: 018, was being utilized as a vehicle parking lot servicing a commercial operation. The southeastern property line of this TMK property is open and unobstructed to the parking lot of the Punahele Professional Building and TMK 2-3-035: Ol6 owned by ARJN Partners. There is no black vinyl coated chainlink fence, nor a continuous, unbroken, heavy planted screen buffer, as required by the Final Plan Approval and Ordinance No. 95-33. 6. A Notice of Violation and Order has been issued to the property owners of TMK 2-3-035: 018 for the unperntitted use of the Single-Family Residential (RS-7.5) property being used as a vehicle parking lot service a commercial operation. Further, a Notice of Violation and Order, similar to this one, will be issued to the property owners of TMK: 2-3-035: 016. Based on all of the above, the Planning Director finds you in violation of Section 25-2-30 and subject to enforcement action pursuant to Section 25-2-35 of Chapter 25 of the Hawaii County Code. Pursuant to Section 25-2-35(c) of the Hawaii County Code and Rule 9 of the Planning Department Rules of Practice and Procedures, you are hereby ordered to complete corrective action, at your own expense, by April 15, 2006. Corrective action consists of: 1) Re-establish the minimum 6-foot high privacy wall or landscaping buffer along the subject property's common boundary with TMK: 2-3-035: 018 (Ordinance No. 95-33, Section 2B), and 2) Install a 6-foot high chainlink (black vinyl coating) fence along this common boundary with TMK: 2-3-035: 018 (Final Plan Approval letter dated February 21, 1997and revised Landscaping Plan dated February 18, 1997), and 3) Plant and maintain a landscaping buffer being a continuous, unbroken, heavy planting screen buffer consisting of "podocarpus," as described in the approved revised Landscaping Plan dated February 18, 1997, or any type of landscaping buffer which meets the requirements of Rule 17 (Landscaping Requirements) of the Planning Department Rules of Practice and Procedure, not less than six (6) feet in height, along the subject property's common boundary to TMK 2-3-035: Ol 8. Punahele Professional Building Attention: Dr. Allan S. Takasc Page 5 March 2, 2006 Upon completion of corrective action, you are responsible for contacting Zoning Inspector Robert Usagawa by telephone and to notify the Planning Director in writing to verify the completion of corrective action. A site inspection will be needed to confirm work has been completed. If corrective action has not been completed by April 15, 2006, a fine of $100 will be assessed and 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 Procedure, the daily fines will be increased quarterly per the daily fine schedule, until the violation is corrected. Checks are payable to the Director of Finance, County of Hawaii and should be mailed or delivered to the Planning Department, 101 Pauahi Street, Suite 3, Hilo, HI, 96720. 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. The appeal must be made in accordance with the Board of Appeals Rules and Procedures. 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 Rules and Procedures or it may result in the dismissal of the appeal. Contact the Planning Department for a Board of Appeals General Petition Form. Address the Appeal to: Board of Appeals 101 Pauahi Street, Suite 3 Hilo, HI 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 matter may be referred to the Office of Corporation Counsel for civil remedy and/or the Prosecuting Attorney's Office for 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 considered as recurring and will be subject to an immediate fine, up to a maximum of $500 per violation. [n addition, a daily fine maybe imposed. Punahelc Professional Building Attention: Dr. Allan S. Takase Page 6 March 2, 2006 Should you have any questions on this matter, please contact Zoning Inspector Robert Usagawa, of this office, at 961-8288, extension 263. Sincerely, C%"D' ~ ~ L~~---- CHRISTOPHER J. EN Planning Director RSU:cd p:hypwtn60~mooseAen force06~2006-030E.doc cc: County Council Corporation Counse] BOA Section Counselmember Mr. Donald Ikeda Plan Approval Planner-Mr. William Yamanoha Mr. Robert Usagawa, Zoning Inspector