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HomeMy WebLinkAboutCOM 0097.000 1996-1998 • NSY Of y~' 4~ ' (i4, Virginia Goldstein Step$en K. Yamashiro + Dircceor Mayor ~ Norman Olesen •~+iE Qi•N'••,'•i~~~ Deputy Dircaor (~nunf~ ~f ~ttf~tzit PLANNING DEPARTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720.4252 (808)961.82B8 Fax (8081961-9615 CU n ~ ~ n ~ MEMORANDUM Z ~ ~ ~ s ~ O November 13 , 1996 .l D'-- ca S=_ ~ D_~- re TO: TAKASHI DOMINGO ui Chairman, Planning Committee FROM: VIRGINIA GOLDSTEIN Planning Director SUBJECT: Council Initiated Bill No. 360 Amendment to Condition I of Ordinance No. 706 Tax Map Key: 1-5-13:35 (currently parcel 261 This is in regards to the above-referenced initiated proposed amendment to Condition I of Ordinance No. 706, which reads as follow: - "(I) that a minimum [4-foot] 6-foot high chain link fence between the proposed and existing developments and the adjacent properties to the east, be constructed and completed [prior to the issuance of occupancy permit for the proposed development] within thirty days from the effective date of this ordinance; and" We have researched our files and staff conducted a field inspection of the property on October 31, 1996. We provide you . with the following information as well as photographs relative to this matter. 1. During the public hearing in June 1981, Mr. Hiroo Sato opposed the change of zone request filed by Mr. Jack Bellman and testified that people littered, urinated and trespassed (picked orange fruits) on his adjoining parcel. To accommodate Mr. Sato's concerns, the Planning Director and Planning Commission at that time decided to add a new condition to the change of zone 1~".!e lro. Z NCT~pN lief. rot Presented -'~L ry0V 2 0 1996 lief. Bate / Takashi Domingo . Page 2 November 13, 1996 request, which required the developer to install a minimum 4-foot high fence. Subsequent discussions occurred as to whether the fence should have been 4-foot or 5-foot high. The final language for Condition I resulted with the minimum 4-foot high fence. 2. In August and September of 1994, we received a complaint from Mr. Sato, stating that Condition I which required the construction of the fence was not complied with. The Planning Department staff conducted a field inspection on October 16, 1994 and subsequently, by letter dated November 7, 1994, informed the developer that compliance with Condition I had not been adhered to. 3. In February 1995, the Mayor's Office referred Mr. Sato's complaint that the developer did construct a fence as required by Condition I but that it was made of hogwire and not a chain link fence. Further, that portions of the fence were less than 4 feet high. 4. In March 1995, we received a complaint from Mr. Sato stating that the hogwire fence is not strong enough and that it should be a chain link fence and up to 6' 8" high. He further stated that he had problems with trespassers jumping the fence to steal fruit trees, defecate, urinate and eat and sleep on his property. 5. ey letter dated May 25, 1995 to Mr. Jack Bellman, we informed him that on April 6, 1995 staff conducted a field inspection and verified that the location and height of the existing fence satisfied the requirement to install and maintain a 4-foot high fence along the eastern boundary. 6. A September 16, 1996 letter from Mr. Sato to Councilman Takashi Domingo was referred to our office. Mr. Sato expressed that the hogwire fence should have been changed to a chain link fence. He further expressed that he continues to have problems with trespassers climbing over the fence and entering his property to pick orange and pineapple fruits. In addition, people stuck their hands through the hogwire fence and picked the pineapples which are grown near the fence. In response to Mr. Sato by our letter dated September 20, 1996, we informed him that the subject ordinance does Takashi Domingo , Page 3 November 13, 1996 not specify the type fence to be constructed and that we had determined that the developer has complied with Condition I of the subject ordinance. 7. At the October 31, 1996 field inspection, staff observed that the existing fence consists of hogwire and a strand of barbwire at the top portion of the fence. The height of the existing fence varies from 4 feet to 5 1/2 feet while the fence posts are 6 foot high. The fence has been installed along the eastern boundary and extends from an existing 6-foot high chain link fence (situated on the original commercial zoned area) to the end of the developed area covered by the subject ordinance. 8. Several ti corn plants have been planted along the fence adjacent to the three existing parking areas. Two of the parking areas are situated on the original commercial zoned area and one on the area covered by the subject ordinance. 9. A few scattered rubbish and food wrappers were observed along the existing chain link and hogwire/barbwire fence and within the abutting property. However, that debris were located near a corner between the two existing parking areas on the original commercial zoned area and not the area covered by the subject ordinance. According to Mr. Bill Gellman, representing the developer, a maintenance person has been hired to maintain the area. Based on the foregoing, we feel that the type and height of the existing fence is sufficient and is in compliance with the purpose of Condition I. Further, that Condition I need not be amended. However, we suggest that the developer extend the plantings of ti corn plants along the entire fence. The ti corn plants can serve as a type of buffer along the adjoining property . as well as a possible additional deterrent to prevent people from trespassing onto the adjoining property. To accommodate concerns of the adjoining property owner, we also suggest that the developer place receptacles within the parking area both on the original commercial zoned area and the area covered by the subject ordinance. Further, in addition to the adjoining property owner's posted !'No Trespassing" signs, the developer should also post similar warning signs (i.e. no trespassing, do .not throw rubbish, etc.) on his property so as to advise patrons visiting the commercial businesses. . Takashi Domingo Page 4 November 13, 1996 Should you have any questions, please feel free to contact me. Sincerely, V n ~ ~V/' VIR~IA GOL TEIN~ Planning Dir for AK:cmr F:\WPWIN60\ALICEWIN\MBILL360.AGK Enclosure (Photographs/Map)