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Home My WebLink AboutCOM 0755.000 2004-2006 Ott 0/ M+ Harry Kim Christopher J. Yuen y - Mayor Director OF 0Brad Kurokawa, ASLA LEED® AP I'. CEtrtxntg of I'afuIltt Deputy Director PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808) 961-8288 • FAX (808) 961-8742 CERTIFIED MAIL 7002 2410 0003 0232 8882 March 7, 2006 ARJN Partners and Rehab Hospital of the Pacific 191 Hualalai Street Hilo, HI 96720 To Whom It May Concern: SUBJECT: Notice of Violation and Order (ZCV 06-029E) Non-Conformance with Section 2B of Ordinance 95-33 Approved on March 7,1995 Tax Map Key: 2-3-035: 016, Punahoa 1st and 2"d, South Hilo, HI Non-conformance with requirements of Ordinance No. 95-33 approved on March 7, 1995 is not permitted. An unpermitted use of a Single-Family Residential (RS-7.5) property (TMK 2-3-035: 018) adjoining the subject property has brought our attention to the requirements of Ordinance 95-33 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. 2. The property is located at 76 Puuhonu Place. This is in the South Hilo District of Hawaii. The Tax Map Key is 2-3-035: 016 and the lot size is 17,569 square feet. The listed owners of the property are: ARJN Partners and Rehab Hospital of the Pacific. C Comm. No. Ref. To: Ref. Date EAR 11M Hawaii County is an Equal Opportunity Pmvider and Employer. ARJN Partners and Rehab Hospital of the Pacific Page 2 March 7, 2006 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 be 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. 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. ARJN Partners and Rehab Hospital of the Pacific. Page 3 March 7, 2006 4. 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 subject property, TMK: 2-3-035: 016,and the Punahele Professional Building (TMK 2-3-035: 042). There is no "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." (Section 2B of Ordinance 95-33). 6. A Notice of Violation and Order has been issued to the property owners of TMK 2-3-035: 018 for the unpermitted 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, has been issued to the property owners of TMK: 2-3-035: 042. 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 18, 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 adjoining single family residential properties along Punahele Street for the purpose of mitigating any potential adverse noise and visual impacts (Ordinance No. 95-33, Section 2B), and 2) Plant and maintain a landscaping buffer being a continuous, unbroken, heavy planting screen buffer 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 TMKs 2-3-035: 017 and 2-3-035: 018. ARJN Partners and Rehab Hospital of the Pacific Page 4 March 7, 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 18, 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. In addition, a daily fine may be imposed. ARJN Partners and Rehab Hospital of the Pacific Page 5 March 7, 2006 Should you have any questions on this matter, please contact Zoning Inspector Robert Usagawa, of this office, at 961-8288, extension 263. Sincerely, CHRISTOPHER J?YUEN Planning Director RSU:cd p.\wpwin60\moose\enforce06\2006-029E.doc cc: County Council Corporation Counsel BOA Section Counselmember Mr. Donald Ikeda Plan Approval Planner-Mr. William Yamanoha Mr. Robert Usagawa, Zoning Inspector